The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-04-11

name is changed but the Office is still left.
/ 1t is necessary only to inquire not If ii
is the same name, but whether they per
form the same functions and duties of
/ the office in question.
A law passed in 1852, providing for
| the appointment of sheriffs instead OF
provost marshals, was read by Mr.. Nun
roe In this case it seems that the du-
| ties Of the sheriffs were about the same
as those exercised by the provost-marshal
and his deputies. But when the Of
flee was abolished the lawmaking power
provided that the man who was legislated
out of office-the provost marshal-should
be paid 1000 pounds salary for his unex'
pired term. "Thus early in our history
did the wholesome doctrine that man
cannot be deprived of his property with
out due process Of law, take root. 1t has
/ since in Il long line of decisions, beeh
| again and again re-affirmed. A consu-
| tutional right cannot be evaded by
change Of name of the office where tht
| duties remain the same. An office Is
property. 1t is Il contract between TIT
State and the officer-a contract that
cannot be violated except by the consent
of both parties. At the root and very
foundation of all society, all government
is the principle that you cannot take one
mans property and give it to another.
Touching the Goldsboro asylum, which
Mr.. Munroe represented especially, ne
said he thought it very doubtful whether
the act applied to that institution at all
or not The new law speaks of it III
section / as the Eastern North Carollha
Insane ASYLUM" the second section calls
+nI fny al
Isane located near Goldsboro." In the
third section it is denominated the state
Hospital for Colored Insane" and the
Eastern Hospital for Colored Insane"
The fourth section denominates it the
"Eastern North Carolina Hospital" In
the seventh section it is called the Fast
ern Hospital" The Governor commits
stoned the plaintiffs as Trustees of the
State Hospital for the Insane at Colds
boro.
If there is a conflict in the provisions
of a law. the last one has effect. In the
last section the Goldsboro institution is
spoken of as the Eastern Hospital-the
name it has always been. Therefore,
! whatever may be the effect of this law,
it cannot apply to the Eastern Hospital.
According to N strict construction Of the
1
has not been changed, because the bill
provides for changing the name of the
superintendent of the Eastern North
Carolina Insane Asylum. That not be-
ing the name of that institution the law
does not apply.
Itrwas further contended by Mr.. Mum
roe that the new superintendent were
not entitled to their offices because they
were not elected at the time and place
prescribed by the law attempting to
create the office Time and place is es-
sentiaI If this law means anything at
all, and went into effect on its passage
then the office of superintendent was va
cant with no one to take care of the UNI
fortunate insane of the State.
Asto the change in salary Mr.. Munroe
said this section was important to the
Goldsboro misunderstanding been raised
from $1,000 to S2,500-and he asked Il
ruling of the court on that point.
| JUDGE MacRAES SPEECH.
Judge MacRae thought the point made
by Mr. Munroe in regard to the new SUI
perintendents not being elected at the
time required by the new law, was of
too little Importance 10 be discussed ut
length. He held that the law touching
this matter was directory and not man
datory.
Touching the variety of names used
for the Goldsboro asylum Judge MacRae
didn't think that amounted TO anything,
as the purpose of the act was clearly TO
abolish all the insane asylums in the
State and create new corporations.
Judge MacRae said that when the
Democrats came in in 1S6S-'69 they pass
al -, Il yNaf+f,
and turned out the Republicans = by
neck and heels" and now they were be-
ing treated in the same way. He was
compelled to acknowledge, however that
the law at that time explicitly provided
that the old superintendent, DIR. Grissom,
Republican, should be kept in Office.
sufficient answer to adj the conten
tons of the defendants in this case, Judge
| MacRae thought, was that any one tax
| ing office under any act of Legislature,
or corporation created by it does so with
due notice that he may at any time ex-
peet the powers of his office to be res
| tricted, enlarged or abolished.
| DISTRICT ATTORNEY AYCOCK.
| Mr.. Aycock said his institution at
| Goldsboro was fortunate in at least one
/! particular. It was not like that maiden
=
in Poe's Raven, it's not ''nameless forever
| more" In the new charter is has at
least half a dozen names. The Legis-
| lature tried to change it but it didn't
succeed The institution is the same, the
officers are the same and their functions
| and duties the same, every right priv
| ilege and duty it had when the Legisla-
ture undertook to put its violating hands
| upon it, Yet counsel comes here and
tries to convince you that it is a new in
stitution simply because Of an attempt to
change its name. They ask you to find
as matter OF law that they have des-
troyed by making alive. They tell you
that it has been dead and is now living
again. If any man wants to brand this
last Legislature with eternal infamy
let it be found beyond all question that
this act is law. 1t went into effect on