The Caucasian. (Clinton, N.C.) 188?-1913, 1897-11-04
THE GOVERNOR
SUSTAINED
The Court Holds That the Bail.
rad Commission Law is
Constitutional.
CALDWELL & PEARSON WIN,

CALDWELL & PEARSON WIN,
JaLs EobInson Rules That tho Copsty,u.
tI,na,ity OF the Law 10 all ths Court car
p.tetmins-Ab's Argument ON Roth
sd,- The he cision 81 the Court Up
hotd. the Lsw-Ths Governor h - Pow,,
| 20 Remove tho Com omissioners-OnIv IN.
NrNt Legislature has Power to Pass Upor
the Evidence and Ds eide whether or no,
| tbs Cause WINS Sufficient.
The first case on the docket of Thu
Wake Superior Court last weel
! was the quo warranto action ol
hon. John II. Pearson, one Of the
new Railroad Com missioners, to ge
possession Of the Office which Com
missioner 5. Ohio Wilson, rem wed
refused to surrender.
Judge Robinson was Pre- esiding
Ex-Judge MacRse,C Capt. Day and Ex
Judge Avery represented the plaintiff
and R. D. Burton, Judge Spier Whit
sksr, j. g. l.. Harris and Msj. Johr
b. Snaw appeared for the defend ant
All the correspondence, the off
ciaI papers, the complaint and an
8wer were first read by Judge MacRa
and Mr.. Burton. Then Mr.. Burton
for the defendant, submitted the fol.
loving issues for the jury:
/. Did the defepda lease tn,
Round Knob HottlY
Had or has he any interes
th. reinY
g. Has the defendant ever opera
ted said property for his own pc cuni,
profit
/ Are the trains of The Southern
Railway stopped at said hotel TO
meals in pursuance of any under
standing, agreement or contract will
him2
). Is the defendant, or was he OF
the 2nd of Septt mber, 1897, an agen
or employee of the Southern Rail
wav Company in violation of law7
6. Has the defendant..acquired an,
interest in any way in the Southern
Railway Company in violation 0
law
7. Has the defendant become dis
qualified to act as fair and impair
ual Judge or Commissioner, or ha
he in any way become disqualifie,
TO aCt2
s Did the defendant demand o
the Governor that he b, confronte,
with his accusers, and that he hav
an opportunity to hear and cross-ex
anime the witnesses against hint
0. Was said demand refused9
10. Was any evidence produced?
Plaintiff objected to any issues rails
ipg the point that there was nothin
: y the court to consider but the COZ
tutionality of the law and move
judgment on the pleadings.
s udge MacRae made the point ths
ila raw expressly provided that th
Governor should lay all the facts an
evidence before the next General A!
sembly, which body (the great j1r
Of the State) would pass upon tn
issue.
Judge Robinson sustained the poin
DEFENDANTS attorneys excepted t
his rulings, and proceeded to a.
que the real question involved
the controversy-consti {
that part of the Railroad Commissio
Act giving the Governor power I
suspend the Commissioners for ce
tain causes.
The Argument, Pro and Con.
lnasmuch as the legal argumen
made by all the lawyers on each sid
were practically the same, We give
condensed report Of one speech Q
each side.
Mr.. Burton's Argument. '
Mr.. Burton's speech was rath
long, he began by laying down II
following propositions:
This statute is unconstitutional b
cause. (D 1t devolves judicial pow
upon an executive or ministerial of
Ger. (2) 1t devolves power upon Il
legislature not contemplated by Il
constitution. 60 1t adds to the qua
lfcations for holding Office. (4) 1t d
prives of property without due pr
cess of law.
ln the first place, Mr.. Burton co
tended, it gives the executive pow
to osuspend judicial officer, and tn
takes to itself the power of eth
restoring or removing permanent
Where does it get authority for Il
exercise of such poweri The GO
sttutlon in more than one place co
lalns an absolute denial of such po
er to the executive. The sections
the State constitution touching t
suspension and impeachment of
dlclal officers was read. Also Ct
ley on Constitutional Limitation
lV5 Ill Ia, sos, SOC and Federali
3j6, $50.
:" If the executive Of Stale c
Nm1ve Judge, whenever he choo'
tloprefer charges against him, VIII
sour ssGety-does not the executl
Oy the fact that he has this rema
aole power, hold the purse strir
Of the public treasury from VIII
lne judicial officer is paid The Il
siative, judicial and executive Q
yes were intended to be separate
instinct. This government was to-
td upon a system of checks
balances. 2 Murphy, 800.
"A man has q property in his
nee and no act of the legislature
axe it from him. A judicial OH
can only be removed under the sa
limitations as in other judicial
weddings aud mis- action must also
subject to review by the courts. M
SSaam On Public Offices, 455; .
Monroe, (Ky.). 4S; SO Michigan,
iOa Indiana, los.
4, The legislature cannot, where
'ae constitution presoribes q qua
vation for office, add other qualif
uvons. % Southern Reporter,
70 % North Carolina, 1913; Meachan
rGolic Otices, SO and 457.
II is not competent for the leRi
'ure to establish q court and
COlStItut> ,xnn1p nDrrt IN frV