The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-30
HI ASYLUM CASES.
Judge Adams Sustained by the Suprcms
Court-The G. r. and Y. VI to tncrcnss
t.. TArir.-Judgement Against the Seo-
board Air Line.

Court-The G. r. and y. VI to Increase
10. acknowledgement Against the ssar
board Air Line.
Especial to The MessenEer.l
Raleigh. ". c., April 2T.-The SUI
prene court today unanimously de-
cided the insane asylum cases in favor
OF the present incumbcnts. Justice
Montgomery delivering the opinion
The gist of the decision is tina, Office
is property and that the act changing
| the name Of the officers did not change
the officers. The court further says
IN. act Is but an amendment ~ the
| older law. The case Of the insane asy-
| lum at Raleigh is the one on which
| the opinion Is based. II being taken fog
all the others. The court says Super
%intendent Kirby and the other defend
ants at the time 81 their appointment
| were public officers and are entieled tn
their offices, their terms not having
| yet expired. The court says that in
examining the act with the view ~ ar
irving at its construction and effect. il
Is not disposed 10 inquire into the mo
tives of the legislature in enacting the
bill into law, nor is IL necessary 10 do 10
TO arrive at a proper legal conclusion
If the legislature has In some OF tho
provisions of the statute gone t.yond
its powers. such course may H. at
tributes to another motive thar wirfui
attempt to violate the constitution.
The great opinion OF Chief Justice
Rufin, in the case OF Hoke against
Henderson, Is cited. Authority In his
and other states causes the court To ad-
here to the opinion that an office il
property and is subject o. protection
like any other property under provis-
ions OF section II OF article /, OF the
constitution. Cases cited here are
King vs.. Hunter, Co y. g; Gotten va.
Ellis, : Jones'; Bailey VS.. Caldwell, Gs
n. c.; Bunting vs.. Gales. Il y. &.
Emoluments OF public office reing
private property, it follows that the
terms for which the defendants were
elected not having expired, they could
, not be ousted. except for cause, unless
they failed to perform their duties or
| unless the offices were abolished. 1t In
| clearly decided in Hoke vs.. Hender-
Soll, di' hai'NiiiS '" 1872 $500 w."
long as the office exists the term can-
| not be lessened to the prejudice, OF the
holders of the office. The principles
of the cases cited are founded in jus
tice and safe public policy. 1t is true
that in this state an office can he afDl-
ished, unless it be one created 10y the
constitution, but, in this instance the
court holds that the office was not
abolished. Act of 1897 declaring that
the office of superintendent OF old cor
porations are abolished and Offices OF
principal and resident physician sub
Stituted and latter elected for four years,
the plaintiffs contended that offices un-
der the old corporations were abolished.
but the court does not sustain this CON
tention. The court then referred to the
act of 1901 (Which the legal profess
sion are familiar With and discusses
the cases of Nichols VS.. Mckee, GO ".
c., and that class OF cases, in support
Of the ruling in this case. Clark VS.
Stanly, &c ". c., State vs.. Williams,
III n. c.. are cited. The court, In con
c~lusion, says:
The effect Of the act. then. is that il
has only prospective operation as to
change Of name of the institution or
names Of officers connected with 1t, and
the defendants are entitled to hold
their offices-the defendants Kirby FOR
the term for which he was elected, and
the other defendants for the terms for
which they were appointed and until
their SUCCESSORS are duly elected and
appointed and qualified"
The court sustains the ruling OF
Judge Adams. who presided upon trial
in the court below.
In the superior court here today a
verdict for s1l 900 damages was given
ex-Engineer Thad Peasants. of the
Seaboard Air Line, for the loss of his
left hand last year. in a railway COLI
sion at Manly. The railway appealed
The railway commission today grant
ed the request of the Cape Fear and
Yadkin Valley railway and allows II
the same tariff of rates as the Carolina
Central.