The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-26

tated until tnere are nieh III AVA. ="
Carolina trying to ride into office on 1t.
This is a political case, and 1t IS now
time to throw all politics out Of it. The
question ought to come down to one or
law-has the Governor the power, UNI
der the constitution, TO turn THESE men
out?
'rhis is nothing but a railroad fight
and has no place in court house. You
gentlemen who have been appointed,
know you've got to reduce the rates. You
know you've got master-you are
committed to a reduction OF rates. You
dare not disobey. If you do. you too,
will he sent back home. II you get In
you'll be nothing in the world but mere
tool in the hands Of the Governor. So far
as I'm concerned, il this Is the law. be-
fore I'd accept a place under Gov. Rus
sell as Railroad Commissioner. I'd plow
a mule over Wake county hills the bal
ance of my life."
JUDGE MacRRAES ARGUMENT.
In replying to Judge Whitaker, Judge
MacRae said he knew nothing or rail-
road rates; he was not in this case to
talk politics; he was in it to discuss the
principles Of law involved, and to these
he would address himself.
All the facts in the complaint, he
said. We're admitted in the answer and
all the conclusions of law were denied.
1--WE are not denying that the Com
mission is court of record. But the
question is: Did the Governor have a
right to suspend these men from office
Article 6, sections 1 and 2, of the State
constitution, provides certain quallhca-
tions for an elector. But other qualltlca-
tons for an office holder may be pre-
scribed Even a justice of the peace, a
constitutional officer, forfeits his office If
he moves out of the county. If this act
is unconstitutional, there are hundreds
of acts on our statute books that are not
constitutional. The superintendent OF an
insane asylum must be a married man.
Is that unconstitutional? sheriff must
have lived twelve months in the county
where he is elected, and must have paid
his taxes. Cases Of this kind may be
multiplied" Throupe on Public Of
ficers, rs: 14S Massachusetts, 3I5: 123
New York. 173: T3 North Carolina, $50.
'"ro say this act is unconstitutional is
to wipe out half the jurisprudence of the
State. The Legislature may require
reasonable assurance of proper dis
charge of the duties of an office. There
is but one officer in North Carolina to
whose impeachment the constitution re-
fers-that is the Governor. lmpeac-h
ment of other officers lies with the conn
mon or statute law. All civil officers are
liable to impeachment, and the law
making power may prescribe court of
impeachment. Why, when L was SUI
perior court judge they were about to
give the county commissioners power to
impeach us for not getting to court on
time. If the statute can provide method
of impeachment it can also provide some
other method of removal or suspension.
Throupe, section 400, II North Caro-
lima, 6.
.'In this case they are suspended, not
removed from office. If the Governor Is
not sustained by the Legislature, the
defendant will even get his salary from
the day of his suspension, so careful IS
the law of his rights. When he resists
this action, it's the clay turning against
the potter, the creature flying IN the race
of the creator. The Legislature created
him.; it has a right to remove him di-
rectly or through an agent"
Nothing is better settled in North
Carolina than that an office is property.
and the State. 65 North Carolina, 800;
Ward VS.. Elizabeth City, 12O North
Carolina; Wood VS.. Bellamy, 120 North
Carolina. II it is contract he accepts
it under the terms prescribed and can
not refuse to carry them out. 46 New
Jersey Law, 344. If the Legislature has
power to prescribe conditions for suspen-
sion, it can also remove. Under section
1884 of The Code, the defendant is sus-
pended until acquitted Public policy re
quires this. 80 Arkansas, 241.
Removal for cause is not judicial
act. 1t is a revocation of the appointing
act itself. 1t is, in North Carolina
language, carrying out the terms Of the
contract. "a Michigan, Al; Throupe,
400; % Louisiana Annual, 119.
"The Legislature had a right to ere.
ate; it has, therefore, a right to destroy.
Having right to destroy, it has right
TO prescribe the method of destruction.
"This must not have been pleasant
duty to the Governor. 1t could not be
pleasant to any chief executive; yet hay
ing worked it out, what can he do, under
the sanctitity Of his oath, but discharge
his duty"
As the contention that the re-
IOVdl OIL the COMMISSIONERS flOldleu Tie
Fourteenth amendment of the Constitu-
ton of the United States in depriving
them Of property without due process Of
law, Judge MacRae said, Law in it's
regular administration through the
courts of justice is due process of law"
1872 United States, 377; Cooley on Con-
stitutional Limitations, 400; Black on
Constitutional Law, 463. 1t was not
necessary for the Governor to have
given the defendant any notice before
taking the final step. Suspension is SIM
ply Indictment. The Legislature win
try the case. The Governor, standing in
the position of grand jury in this case,
is the sole judge of the sufficiency of the
causes for suspension. Cooley on Con-
stitutional Limitations, 1874; "A
Michigan, All; 13 American Reports,
131.
Judge MacRae stated that the Rail-
road Commission Acts in nearly all the
States contain this provision for sus-