The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-28
Overrides the Courts.

In view of the fact that treasurer
Worth has assumed the power to nul-
lifv the appropriation acts OF the legls-
lature by sending q circular to the diI-
forer+ danartmepts, naming the appro-
priation he will poy the those fe will not,
and that he has recently refused to pay
a Judgment against the State, which has
been affirmed by the Supreme court, the
question HAS reputation begun Us
pertinent.
The judgment which he refused to
pay was rendered in the oyster cases
from Pamhco and Carteret counties.
1t seems that prior to 1893 the people
of the extreme Eastern counties were
complaining that many natural oyster
beds, which ought to have been open TO
the public had been entered and
in consequence of these complaints the
legislature of 1893 passed an act, chap
ter 2S7, the fourth section of which pro-
vided that the Solicitors of the several
counties should, upon affidavit OF ave In
habitants that license entry or grant
included a natural oyster bed, institute an
the license entry or grant.
An examination Of the statute will
show that no discretion was left with
the Solicitor and no fee was given him,
but the statute made it his duty to insti-
tute the actions upon the affidavis being
made.
Under this direction from the leglsia-
ture about seven hundred actions were
instituted in Pamlico county and about
one hundred IN Carteret county. All Of
these actions failed because the Supreme
court held in State VS.. Spencer ia, n.
c., that the act of 1889, chapter 119 ap-
pointing commissioners to locate the
public oyster grounds, and the action of
the commissioners under that act pre-
vented an inquiry such as was contem-
plated by the act of 1893.
The court then taxed the costs in these
actions against the county but upon APP
peal to the Supreme court it was held
that the counties were not liable. The
Superior court then rendered judgment
against the State for the costs, and upon
appeal this judgment was sustained, but
Treasurer Worth was not satisfied with
the decision and applied for a rehearng
Of the case, and upon rehearing the
Supreme court again decided that the
State, having gone voluntarily into her
own courts to esta blish her rights, and,
having failed in her action, must pay
costs as any citizen would have to do,
hut corrected two or three items in the
bill of costs.
The parties entitled tn the bill Of
costs then apply to the Treasurer -: pay
ment of the amount due as corrected by
the Supreme co.'s: an5 without any en-
cuse he refuses to pay. 1t must be re-
mempered that the Solicitors - I*t get
one cent from the judgments rendered,
but that all of the items belong to clerks
and sheriffs, who have rendered a ser
vice to the State relying upon her honor
to pay them. Those men were not In any
way responsible for the institution of
the action, and they were compelled
under the law to do the work, and this
work being for the State they could not
demand their fees in advance.
If they had failed to act when the Soli-
citors applied to them, their bonds would
have been forfeited. We are Informed
that on account of the amount of the
work the sheriffs and clerks had to
employ extra help and pay them for the
State, and they have not Deen REIMBURSED
one cent, although they have offered to
accept from one thousand to fifteen hun
dred dollars less than is due them in
order to get settlement.
We do not believe the State desires
such ap osition to be taken for her. 1t
is possible that the act of 1893 was not
carefully drawn, and that so many ac-
tons were unnecessary, but the clerks
and sheriffs had nothing to do with this
question, and the Treasurer has no right
ia decide upon the wisdom of the leg
islation.
But it seems that he assumes to con-
troll the Legislature and the Supreme
court and instead of Government by
Injunction" we are TO have government
BY Treasurer Worth"
We are opposed to both.
GOV DIy00En II GIT Mn Am YsTJE