The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-08-16
COUNTY G0VERNMENT--THE EASTi MUST
BE PROTECTED.

| Democratic party in North Carolina
J made their chief campaign issue against
, the law when put the county govern
ments of the ninety-six counties in the
, State i'll the hands of magistrates elected
by the Legislature and not by the peo-
pie. They denounced such county gov
ernmcnt as contrary to the principles OF
home rule and against the genius of our
government.
The Democrats replied to this cam
paign argument by saying that they
, were not welded to any particular form
of county government, but were deter
mined ut any sacrifice to continue some
system that would protect the counties
of the East from the humiliation and
destruction incident to the negro RUE
that prevailed until the new constitu-
ton was adopted in 1915. There were
Democrats then who desired to change
the system, continuing the election of
magistrates by the Legislature for the
Eastern counties and substituting their
election by the people III the Central ana
Western counties. They were deferred
from this course by the opinion Of learn
ed lawyers that the system must be uni
form throughout the State, and tn If Il
system of appointment as to Edgccombe
county and of election in Rowan county,
would not be constitutional.
The Democratic party mas had no
variablcness or division i'll its detcrmina-
ton to protect the white people of every
county in the State from negro domina-
ton, and it chose to run the FISK
of losing votes rather than to abandon
the Eastern counties to their fate. 1t
may be that the party suffered loss in
the West and Centre by its devotion to
white government, some of the voters III
the Western counties being unwilling 10
yield their right to elect their magis-
trates and commissioners in order to save
the negro counties.
A recent decision of the Supreme
court of the State, in the case of Harris
VS.. Wright 121 n. G. Reports, page 112,
makes it clear that it is within the pow
or of the Legislature to have one form
of government for Halifax county and
another form of government for Bun
combe county. The unanimous opinion
of the court is written by Chief Justice
Faircloth, who shows that by section II
A al b1rf hn MT n
Convention of 1915 there was placed
at the will and discretion of the Assem-
bly,, the political branch Of the State
government, the election of county of
ficers, the duty of county commission
ers, the division of counties into districts,
the corporate powers of districts and
townships, the election of township Of
fcers, the assessment of taxable pro
perty. the drawing of money from the
bounty or township treasury, the entry
bf officers upon duty, the appointment
of Justices of the Peace. and all char
ters, ordinances, and provisions relating
to municipal corporations. These inn
portant subjects were fixed and distinct
~ settled in the constitution before the
adoption of said amendment. and the
present controversy is one of the prac
teal results of such change in the con
stitution. With the motives and wisdom
| of the adoption of said Section II, Ar
ticle I, this court has nothing to do"
The question before the court was us
to the validity of the legislation enact
ed in 1897 by which the Governor was
given the power to appoint one Alderman
in each ward in Wilmington. 1t was
held by the court that there is no limita-
| ton on the power i'll said section II, and
we have found none elsewhere in the
constitution" The power of appointing
one Alderman in each ward in Whining
ton was given the Governor i'll order to
deny to the incompetent voters the right
to rule the city of Wilmington-the very
reason as to the counties which caused
the Democrats to elect magistrates by
the Legislature. Chief Justice Fair
cloth, taking up the home rule question
inNblftu III SuCu appointment VI "iu~i
men says:
at is urged however. that the exercise
of the power now claimed under the Act
would infringe upon general principles
of law, and would deprive the people, III
this particular respect, of the power of
local selfgoyernment. n brief answer
would seem to be. LEX ita scripta est"
Here we have the Republican Chief
Justice affirming the legality of Demo-
cratic legislation to protect the East
against the rapacity of ignorant majori-
ties. and holding that the Legislature
may have as many systems for as many
counties as in its discretion are deemed
wise. and that there lis no limita-
ton on the power"-a decision that the
Democrats will be glad to accept when
they return to power next January.
In concurring in the decision of the
Court. Justice Clark makes clear in
few words the purport of the decision:
81 concur in the result but not i'll
81 hn yriaxVc nynrpgSpI tup