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

iCoutiuusd From Firxs pxs~
nent, and the law making power
may prescribe eouit OF lmpeaeh-
ment. Why, when | was a Superior
Court Judge. the! were aboas TO give
the county commissioners rores 10
impeaeh Us for not gettng to c'ur;
Oh time. II the statute Gao provide
q method o. Impeachment, II csu also
provide some otatr method OF TT
noval or suspension" Taroupe, |
section 400. n North Caroline, 6
"In this case they are suspended.
not removed, from office. II the Gov
ernor is not sustained by the Legis
lature, the defendant will even get
his salary from the day OF his sus
pension, SO careful is the law Of his
rights. When he resists this action.
it's the clay turning sDsinst the pot
ter, the creature flying IN the face OF
the creator. The Legislature created
him; il has q right to remove him di-
rectly or through..an agent"
Nothing is better settled in North
Carolina than that an Office is prop
erty. 1t is a contract between the
holder Of it and the State. Is North
Carolina, 600; Ward vs.. Elizabeth
City, l20 North Carolina; Wood vs..
Bellamy, l2O North Carolina. II it
is a contract, he accepts it under the
terms prescribed aud cannot refuse
70 carry them out. 4G New Jersey
Law, 344. If the Legislature has
power to prescribe conditions for
suspensions, 1t can also remove. Un-
der section 1884 of The Code, the de-
PENDANT is suspended until acquitted.
Public policy rtq lires this. 80 Ar
kansas. 24l.
Removal for cause is not a j1di-
c;al act. 1t is q revocation OF the
appointing act itself. 1t is in North
Carolina language, carrying out the
terms Of the contract. "A Michigan,
All; Throupe, 4O2; % Louisiana An
nual, 1l9.
1.-The Legislature had right to
create; it has, therefore, a right to
destroy. Having a right to destroy,
it has right to prescribe the method
Of destruction.
This must not have been a pleas
ant duty to the Governor. 1t could
not be pleasant to any chief exscu
tive: yet having worked it out, what
can he do, under the sanctitv of hil
oath, but discharge his duty
AS the contention that the remova
of the Commissioners violated the
Fourteenth amendment of the Consti
tuition Of the U aited States, in depriv
ing them of property without due
process of law, Judge MacRae said
Law in its regular administration
through the courts Of justice is due
process of law" 152 United States
t 377; Cooley on Constitutional Limi
tations, 429; Black on Constitutions
Law, 463. 1t was not necessary for tn,
r Governor to have given the defand
ant any notice before taking the
final step. Suspension is simply in
dictment. The Legislature will try
the case. The Governor, STANDING
in the position of grand jlry in this
: case, is the sole judge OF the suffi
. cheney of the causes for susp,Lsl |.
r Cooley on Constitution Limitations
, 1873 134; "a Michigan, All; l3 Amir
lean Reports, 13l
Judge MacRan stated that T.
Railroad Comm ion A is in n lear
ly all the States con a u this provis
ion for suspension
Wra, Jud &c Aver, Sad.
When all ue Othe +-torneys ha,
r spoken, Judge Avery, Who was t
D make the concluding argument TO-
: the plaintiff, arose and said:
! "Your Honor, I'm ready to pro
+ coed with the argument for the plain
! tiff if you think it necessary. In tn,
.. beginning of the hearing you sal,
|, you wished to hear from the othe
l side. If they have raised in you
s mind any doubt as to the constitu
l tionality of the law, and you woul,
like to hear further from us, l viii
: proceed
r Judge Robinson 1t is not neces
sary, sir; my mind is made up.
!, shall give judgment for the plain
J tiff"
The decision of the court is Il
the following language:
"This cause coming on for hear
r ing, the plaintiffs attorneys, Messrs
MacRae and Day and A. C. Avery
! moved for judgment on the com
: plant and answer.
"Thereupon it was ordered and dc
1 creed:
II. That the defendant has bee
: lawfully suspended from his fl 70 Q
Railroad Commissioner.
50. That the relator, John q
Pearson, has been duly appointed t
ill the vacancy caused by the sus
pension Of the defendant.
!, ''3. That the defendant b. ouste
e from, and the relator be 1ndacte
d into said eff ,e Of Railroad L umis
: sioner.
o "a. That plaintiff recover the COS.
of this action, to be taxed by tn
clerk
;: And thus ended the trial abou
which SO much has been said an
:. which has aroused such deep inter
e est.
: The case will 60 up to the Suprem
Court and be finally determine
: probably in thirt, y or less.
A similar action which Mr.. L. C
Caldwell has brought against Msjo
Wilson will be heard by Judge Co
ole, at Statesville, ON Nov. ssh. TIL
, law is so plain that no good lawye