The Caucasian. (Clinton, N.C.) 188?-1913, 1897-11-04

oucons'ituiionAl law is no law, and
governs nobody.
Now. how was the gusoens;on
made. 1t was made without dne
process Of law. Charges were pre-.
terred, but no evidence was pro.
onced; the charges were fl .tly denied
and the denial supported by aft la.
WITS. l54 United States. As. The leg.
isiature has not prescribed the nee
essary safeguards in this case, and
the Governors action does not sup
ply II. llS United States, 1914. There
must be a trial before regularly or.
Raniz I'd court, and right of appeal
must be given. 02 United States,
4oO. the law of the land is thai
waich hears bt fore it condemns, and
renders a judgment before dispos.
session. Cooley on constitutional
Limitations, 432 and 43G. Private
rights cannot be destroyed by acts OF
State .egislatures, 1GG United States
22G.
Assuming for a moment that the
Governor has the power of removal
and did remove on evidence, then
we cannot 60 back Of Lis action; but
where no evidence is produced, and
1T is denied in this case that there
was any evidence, then the courts
have a right to Ieview his action. y
IL Queens Bench, 173. Notice i'm.
plies testimony and hearing, explain.
alton does not. Testimony must be
produced in support and rebuttal OF
G. arges. Throupe ON Public Officers
364 5; ~ Encyclor e liza of Law, 562
l49 New York, 2l5
Wherever the removal is discre.
tionary with the Governor, the
courts cannot review This action
but where it is for cause the court.
can review ito say whether the
cause is sufficient. Meacham or
Public Offices, 454.
This act is unconstitutional be-
cause the Legislature is undertak
ing to destroy the title to private
property. In the absence of expires!
constitutional authority, the Legis
lature cannot confer upon the Gov
ernor power to remove an officer ar
bitrarily. No man must be condemn
ed without being heard. 81 Ameri
can Reports. l28; 80 Michigan, 255.
The defendant, bsfore removal, i.
entitled to trial. LOG New York Ga
1O3 New York, $40; 70 New York
582; l Dillon on Municipal Corpora
tiops, 25O and 255. And even the1
the Governor must make specifi,
charges and find onthem. He canno
suspend for other causes. Their,
must be such u record and showinf
of the proceedings as will show to tn,
world for what reason the officer ha
been suspended 80 Michigan 1877; 81
Missouri, 10; "a Michigan, 55S; III
New York, 492.
"In this case there have been n,
specific findings. The defendan
does not know exactly for what b.
is suspended. The charges are gen
eral and the findings are general. l
must be stated exactly of what tn
official misconduct consists. Th
right to hold an Office is just as sa
cred to the defendant as to hold tn,
property he has earned. He can b.
deprived of neither, except for sufa
cient specific cause and with due pro
cess of law. Such rights cannot b.
entrenched upon without more o
less damage to the whole people.
is question fraught with deepes
interest to the whole people-thei
right to take and keep an Office con
ferred upon them by a vote of tn
people. The loss of an Office mean
the taking away of q valuable politi
: cal franchise, and is always accom-
panied with more or less of sham
and disgrace. man has a right t
know why he h.ssuspended. Their
is no room in this country for tn
: Roman Emperor's edict: Sic vole
sic jubio, stet pro ratione voluntas-
Il will it, l order it, let
, stand for the reason that
, wish it, The Governor say.
Il remove you for some of the thing
charged This will not do. H
must specifically find the charge
upon which he convicts.' Throup
on Public Offices, 363 and 382.
even before a magistrate th
3 charges must be specific. It's jul
as much an injury and a deprrv'
: ton of property to take a mans o
r fee as it is to take his horse withol
: assigning a reason for it, so that
Q can have the matter inquired I'M
Q by the courts. 1t is absol utely |
: variance with all the principles
= our government
= This action of the Governor do
not give to the Railroad Commi
: sioners equal protection and secul
r ty in the enjoyment Ct their prope
q ty. 1l8 United States, 1856; Coole
r 485 and 1856. A man cannot be d
:. privsd of his property except by Il
9 courts. An Office IN North Carolir
l. is property, though in other Stat
l. it is not. In North Carolina Il
= power to remove an officer is t
# bower to control his action. Su
&c action as the Governors saps t
l. very foundation of this governmel
J. Jsdse MscRae's ArIsment
2, Judge McRas's argument was to,
t, and to the point. All the facts
the complaint, he said, were adm
n ted in the answer and all the &C
es clusions of law were denied.
re 1--WE are not denying that the Co
@, mission is a court of record. But
k. auestion il: Did the Governor ha
Is a right to suspend these men fr
III officei Article 6, sections l and, z
o. the State constitution, provides c
a. tain qualifications for an G. lect
,d But other qualifications for an ofi
n holder may be prescribed. Even
nd justice Of the peace, constltutlol
officer, forfeits his sftice II ne mo
~ out of the county. IL TINS aet
IN unconstitutional, there are hundr
er Of acts on our statute books that
ne not constitutional. The superinte
20. ent of an insane asylum must b!
be married man. Is that unconstl
"a tionalf A sheriff must have II
B. twelve months in the county wh
- I'D ~ hava maid