The news & observer., 1897-03-13
I0oTING OF OUR INSANE AS1
IdyMs-+Is THE LAW CoNsTITU-
sTIONAL?


attempting to dis-establish our STATE nos
nitals for the insane is one that IS hlghly
revolutionary. and unprecedented IN asy
hmm legislation. The declared purpose OF
the dominant party III such beelsia'loli
was in slang phraseology, TO get pie'
No one acquainted with the management
of a,r hospitals for the insane can truth
fully say that the motive was "atrlouc'
and The purpose in the interest OF those
for whom these institutions were created.
erba coneensus of enlightened public opln-
ION is so opposed to such legislation that
in many States of our own country III
Canada. and on the continent the man
agement of the hospitals for sihe insane
is under civil service law. 1t is not neces-
sarv to offer an argument IN support Oh
this aolicy to any well informed and dis
eliminating mind. Not only is such legls-
lation damaging to these institutions
pIacing them as it does, in the arena OF
political contention, but it is exceedingly
foolish. At Morganton, and at Raleigh,
every office. except that of Superintend-
ent. is vacant by limitation, and by fill
ing vacancies on these boards by Gov
ernor Russell, complete control would
have been in the hands of the dominant
partv. who could have filed these vacan-
cies with selections of their own political
faith. At Goldsboro, control of the East
ern Hospital could have been secured by
the same course in the near future.
The act in question does not abolish the
office of assistant physicians. At the East
ern Hospital these positions were filled
at last December meeting, and their
terms will not expire until January l,
1899. The decision of the Supreme Court
NAV sustain them in their contention
for the emoluments of their office until
the time above specified. This is so, even
mon the assumption thflt the bin taking
away the charter of this institution will
stand the test of the courts, as 1T seems
to deprive them of an office when 1t has
not been abolished, but it seems clear
to us that the bin which attempts to
take away the charters of these institu-
tons is fraud upon its very face. Under
it the Eastern Hospital no longer exists,
but the State Hospital for the Colored
insane in its stead; the office no longer ex-
lists. but a president and principal physl-
clan is in his stead. The same subter-
fuges are employed with reference to the
Raleigh and Morganton institutions.
Such is the declaration of the
bill. but the functions of the insti-
tuition and the functions of the executive
head are the same; the same buildings
are there, the patients are there, and all
the employees Tt seems to the people
that the entire bill was conceived in sin,
and born in iniquity, and the child is a
monster worthy of its paternity. No
more unwise and vicious legislation ever
disgraced the annals Of any State, and iG
should be the high endeavor of the patri-
otic people to erase the damning blot
from the records of North Carolina.
Under a law of equal dignity to that
which attempts to destroy the office of su-
perintendents, a term of six years was
guaranteed to these officers, and this mis-
erable pretext of law was recently en-
acted by public confession of those who
voted for it, solely to deprive these gem
tlemen Of their guaranteed rights. NO
intelligent mind viii attempt to justify
such legislation ON u plea other than to
make vacancies for a few partisan
friends, and such a motive leaves out
entirely the question of the rights of the
individuals whose terms Of office have
not expired, and the beneficent purposes
of the State in establishing these insti-
tutions. Can good and patriotic men Of
any party or creed, endorse such policy ?
Will the learned and fair-minded men
who compose our Supreme Court say that
such a law is in obedience to the spirit
and letter of the State Constitution?
There is wide difference of opinion as
to whether the repeal of the asylum char
tiers, confessedly made for NO purpose but
to get offices for partisans,is is constitu-
tional The Morganton Herald
calls attention to the fact that
in section TO- article II, is the
only reference to these institutions to
be found in the Constitution. That sec
ton reads:
''The General Assembly may pro
vide that the INDECENT deaf mute,
blind and insane of the State shall be
cared for at the charge Of the State"
1t also gives the following extract from
the American and English Encyclopedia
of Law, from the chapter headed, Re
moval by Legislative action:
"Where the term OF an office is fixed by
the Constitution, the Legislature has no
authority to remove the officer, either di-
rectly or by abolishing the office, unless
the power is expressly given by the Con
stitution. Where an officer has been
oIoa4od Jy tho InoislatiIrp however. it