The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-23
A. & Me-, RAILROAD
CASES ARGUED
Is a Railroad Director an
Officer !?
CAN re BE REMOVED :?
METHOD OF APPOINTING A
STATES PROXY.
CAN ne Be REMOVED ?
MAY The LEGISLATURE CHANGE II?
Would Such Change Be a Violation q
Chartered Figh,s? HIS he Board #
hterntl Improvements Def
mite Term &c Cfic-2
mite Term of 0mc :?

HllS 'ttHH VI 'lliC- (
The Atlantic and North Carolina Rail
road cases-Railroad VS.. Dortch and
bryan vs.. patrick-were argued before
the Supreme court yesterday, from 10
TO / o'clock.
Argument for the Railroad told direc-
tors) and for Patrick told president was
made by j. c. l.. Harris and James C.
MacRae. For Dortch thew directors)
and Bryan new PRESIDENT the argument
was made by +. NJ. Simmons.
The facts upon which the Bryan
Patrick case is based are about as fol-
lows:
The Board of Internal improvements
b. chapter 3S, section 1GSS of The Code
consisted of the Governor, ex officio
president and two commissioners. to be
appointed hiennially by the Governor
with the advice Of the Senate
The Governor appointed Charles A.
Cook and ]. G. l.. Harris commissioners
on this board. and they were duly con
firmed March the Sth. 1897 Their com
mission was dated the 9th of March
1897.
But the Legislature on the 10th OF
February. 1899, passed an act to amend
chapter 80 of The Code in regard to the
Board of Internal improvements; this
act repealed section 1858. and provided
for the election of nine members bien-
nially by the Legislature. who should be
the Board Of Internal improvements;
and, further, that the first meeting OF
the board should be held on the oath day
of February. 1899. Soon after the 10th
of February, 1899. the General Assem-
bly, elected Messrs. Lamb. Granger
Adams. Jones, Parks. Caldwell. Boy
den. Manly and Lee the Board of In
ternal improvements.
These gentlemen met on the 9th OF
February, 1899. proceeded to- organize
elected Il president and went to work
Their first act was to remove the State s
proxy in the Atlantic and North Caro-
Iinay Railroad Company and appoint
another in his stead Their second act
was to remove all the State directors in
the road and appoint other persons in
stead. Among the directors so removed
was the defendant Patrick, who was one
of the directors who had been appointed
on the part of the State and who had
subsequently been elected president by
the directors.
The effect of this action by the per
sons claiming to constitute the Board of
Internal improvements, Messrs. Harris
and MacRea argued, was to turn ont
the president and a majority of the di-
rectors of the Atlantic and North Caro-
D,;I, 4 hn ~
the year for which they had been elected
and appointed, and to constitute others
in their places. This removal and mp
pointment was, they contended. prama
ture. invalid and of no effect. because
the term of the old board had not expir
ed. They argued that the Governor, pres
ident eX-officio. and Messrs. Cook and
Harris appointed by him under sectien
1858 of The Code on the 9Th of March
1897. had the right to hold the office un-
til the Sth Of March, 1899, that is, fol
two years.
There could not be two Boards of
Internal improvements at the same time.
They We're public officers Of the State,
holding offices which carried them honor
and profit duties and emoluments, and
they could not be Invested Of their pro-
perry in those offices except by a total
abolition of the same: but this is not
even pretended; section 1858 is repealed
long enough to change the number of the
members of the board, strike ont the ex
ofiicio president entirely. provide for the
appointment of the new board and for its
immediate organization
1T is too late now to contend that
If tho tnp Of "a
expired, the laws of the new board had
not begun on the 9th of February when
they proceeded to wipe out the defend
ants and put the REALTORS in their stead.
In this view of the case it seems to
depend on the meaning of the Tord be
ennially'
The President and Directors of the
Board of Internal improvements shall
consist of the Governor of the State. who
shall eX officio be president thereof, and
of two commissioners to be appointed bf-
ennially by the Governor, with tie advice
Of The Senate
cor course the word biennial can
mean nothing else than once in two
years.
THE contention of the REALTORS is that
this refers to the appointment ours is
that it applies both to the time of APP
pointment and to the length of the term.
Being public officers, the old Board of
internal Improvements would hold until
their successors are appointed. But no
matter when their successors are APP
pointed under our laws the OLD board
can not be legislated out Of office before
the expiration of the term. There is
nothing to fix the beginning nor ending
of the term but the appointment and
commission.
by section 3 of the amended charter
Of. the Atlantic and North Carolina RAN
r0@sSssompany. passed in 1890, eight d.
rectors We're to be appointed annually
by the Board of Internal improvements.
and may be removed in like manner.
We presume that this clause must m""n
removed by the Board Of Internal I'M