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

one place contains an absolute denial of
| such power to the executive. The sec
| tions of the State Constitution touching
! the suspension and impeachment of ju-
I dicial officers was read. Also Cooley on
! Constitutional Limitations, 105, Ill, ia,
| sos. 506 and Federalist, 356, 800.
| "If the executive Of q State can re-
move Judge, whenever he chooses to
prefer charges against him, where is our
| safety-does not the executive, by the
very fact that he has this remarkable
power, hold the purse strings of the pub
| lie treasury from which the judicial of
ficer is paid? The legislative, judicial
and executive offices were intended to
he separate and distinct. This govern
ment was founded upon n system OF
checks and balances. Murphy, 800.
"A man has n property in his office
and no net Of the Legislature can take
it from him. A judicial officer can only
be removed under the same limitations
as in other judicial proceedings and his
action must also be subject TO review by
the courts. Meacham on Public Offices,
400; s b. Monroe, Ky.), 4S; 9S Michi-
gan, $50; 104 Indiana, 105.
The Legislature cannot, wherever the
| Constitution prescribes qualification
for office, add other qualifications. %
Southeastern Reporter, S04; 70 North
Carolina, 1893; Meacham on Public Of
fees, 90 and 457.
| 1t is not competent for the Legislature
to establish a court and then constitute
itself n court to try the judges presiding
over it.
Replying to the argument that the de-
| III 1ec,a tnn
OF the law providing for his removal,
Mr.. Burton said this amounted to moth
| ing. An unconstitutional notice is no no.
tice; an unconstitutional condition is no
condition. The office was accepted with
notice of all the law there is governing
the office. Unconstitutional law is no
law, and governs nobody
"Now, how was the suspension made.
1t was made without due process of law.
Charges were preferred, but no evidence
was produced; the charges were fatty
denied and the denial supported by af-
fidavits. 154 United States, IS. The
Legislature has not prescribed the neces-
! sary safeguards in this case, and the
/ Governors action does not supply it.
Ills United States, 1914. There must be
a trial before a regularly organized court,
] anu IlSul VI dpptdl IiuSL bS SifCHs az
United States, $50. The law of the land
is that which hears before it condemns,
and renders a judgment before dispos-
session. Cooley on Constitutional Linn
/ itations, 1872 and 436. Private rights
cannot be destroyed by acts of State
! Legislatures, 166 United States, 226.
Assuming for a moment that the
! Governor has the power of removal and
J II ovrtIn,na 4hav
go back of his action; but where no evil
1 dence is produced and it is denied in this
| case that there was any evidence, then
| the courts have right to review his ac-
/ ton" 10 Queens Bench, 173. Notice
/ implies testimoney and hearing, explana-
| ton does not. Testimony must be pro-
duced in support and rebuttal of charg-
es. Throupe on Public Officers, 364-5;
10 Encyclopaedia of Law, 562; 149 New
York, 2f5.
| Wherever the removal is discretionary
with the Governor, the courts cannot re-
view his action; but where it is for
cause the courts can review ito say
whether the cause is sufficient. Meach-
am on Public Offices, 454.
| This act is unconstitutional because
the Legislature is undertaking to destroy
the title to private property. In the alb
sence of express constitutional authority
| the Legislature cannot confer upon the
Governor power to remove an officer
arbitrarily. No man must be condemned
without being heard. 81 American Re
ports, 1913; 50 Michigan, 255.
| The defendant, before removal, is en-
titled to trial. 100 New York "a; 103
New York. $40; 70 New York, $50; 1
Dillon on Municipal Corporations, $50
and 255. And even then the Governor
must make specific charges and find on
them. He cannot suspend for other
causes. There must be such a record
and showing of the proceedings as will
show to the world for what reason the
officer has been suspended, so Michigan
1877; 80 Missouri, 10; "a Michigan, 55S;
no New York. 492.
"In this case there has been no spe-
cific findings. The defendant does not
know exactly for what he is suspended.
The charges are general and the find
ings are general. 1t must be stated ex-
actly of what the official misconduct
consists. The right to hold an office is
just as sacred to the defendant as to
hold the property he has earned. He can
be deprived of neither, except for suf-
ficient specific cause and with due pro-
cess of law. Such rights cannot be en-