The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-03-23
Will Wilmington and New bern Permit IL .
Nvilrniu-.A. ~

'eN a Aat alh
Will Wilmington and New bern Permit IL:
Wilmington, y. G, March Il.
Editors Messenger:
Is the act constitutional which makes
1T mandatory upon the governor OF the
state to appoint the whole or a part OF
the aldermen OF these municipalities?
Nothing a be gained by assailing
the last Legislature as a congregation
OF freaks" We must assume their i'm
pulses were patriotic and their mo-
uves pure, and ii ought not perhaps 10
De accepted as a violent assumption.
To err is human, and il seems our Leg
islators were extremely human. and
they were not to blame for IL. our pur-
pose is to prove. as We think conclu-
siVely, that our Legislature did err, and
that these acts are unconstitutional.
In our complex form OF government,
the original sovereign power vested
exclusively in the sovereign states, and
the United States, although a nation,
Is not an absolute sovereign. but is
such only to the extent OF the powers
delegated 10y the sovereign states
themselves.
The state of North Carolina in the
lncipiency of her statehood reserved To
herself all her sovereign powers. save
my ipSe 10 the general
government. But in the growth and
development OF a state. in order To
promote the welfare OF the citizen, the
state was divided into counties, and
these again into townships. and SO
much of the remaining sovereign power
of the state was delegated to these
counties and townships - was neces-
sary to their municipal control. Thes
powers so delegated became vested
rights in these counties and townships.
which could not be wrested from them
without their consent. The war of the
rebellion settled the question for all
time that a sovereign state could not
resume the exercise of sovereign now
erS 50 delegated, without the consent
or all the others. In the case of a mu-
inequality. called a city. when the state
gave it birth and recognized it's limits
and endowed it with so much OF its
sovereign power as to enable il To elect
its own board of control and levy the
taxes for its maintenance. 1t was n
of its sovereign power pro
tanto, which became a vested right in
such municipality, OF which il cannot
be deprived without it's consent. Vested
rights cannot be disturbed by the
breadth Of unrestricted and unrestrain-
ed legislation. The municipalities Of
Wilmington and New Bern, when they
received their charters. organized un-
der them In good faith and accepted
the delegated power OF the state as n
right and power which the municipali-
" alone could exercise through officers
or her own selection. Municipal i'm
provements have been in~augurated:
taxes have been levied and assessed to
pay for them, under an implied con-
tract with the state, that the citizens
of the municipality should retain and
exercise solely and exclusively munfc-
ipal control. Under this implied con-
tract on the part OF the state. the pub
lie have invested, in good faith. in res
idence property and in business prop
erty within the limits OF these munich
palities, and these property owners
have a vested right In the maintenance
of the conditions which are supposed
to enter as a condition which prompted
the investment until the conditions are
changed by a direct vote OF the people.
1t is true, the members OF the state
legislature, coming from the people.
are supposed to be clothed with author
1t to legislate upon all matters per-
tanning to the welfare OF their on
stituents, but when such legislation
radically changes the fundamental the
Dry of municipal government, 1t can on
ly be made effective by submitting It
to a vote of the people. otherwise the
natural and political rights OF the indi-
vidual becomes a phrase to conjure
with and not a reality.
An essential element In legislation
affecting the municipalities OF the state
is uniformity. Without 1t the law Is
Imperative. II 1t were desirable to leg
iSlate against the dominance OF any
class In u populous centres the act
should have been uniform in its opera
ton in all the cities of the state and
operative after being submitted to and
ratified by the people. and then even,
there Is great danger in committing SO
great power TO any one man.
1t is at best, an abnormal exercise
Of power, Of doubtful expediency. In
vestors would be at sea. with neither
chart or compass. The conditions sur
rounding the locality OF the invest
ment. the prevailing popular senti-
ment, would be no certain INDEX Of
the future. The governor. with his po-
litica1 fntrigues and partisan favors
would be an unknown factor which
would initiate against the best efforts
or the municipality. 1t Is very ques-
tionable whether the law would stand
test OF h courts. If its cOnstitu.
tinality were brought in issue.
The law is in violation OF the con.
~stitutional rights of the citizens OF
THESE municipalities affected by it. Is
in derogation of the theory, that wher.
ever there are vested rights, they can.
not be disregarded except by the con.
sent OF the parties affected, and IL OBJ
noxious 10 the charge that the law Il
not uniform in it's operation, in all tn
municipalities of the state.
CITIZEN.