The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22


ed. If this doctrine of public office
being a contract, expanded as asked by
the plaintiff. is correct, then a party or
a machine whose conduct has disguised
the people may fill every office for
eight years, for 20 years, or for life
(as' in Hoke VS. Henderson, and snap
their fingers I'M the face of the people,
for under Days case the office remains
as long as the duties survive, and under
Wilson VS.. Jordan it remains as long
as there is amy legislation ON the same
subject matter, or in paGi materia.
The New Oligarchy.
Nay, more, If some vast trust, some
powerful combination of capital, shall
elect ONE legislature, it can fill the Off
ces for life, and a generation of men
must pass away without any voice or
control of the government they created;
for even a constitutional convention
cannot vacate offices, if office lis a
contract. Or if the same oppressive
combination shall succeed in nominating
and electing three members of this bench
it can through Them for eight years ait
least, nullify and set aside any act of
legislation which they may deem proper
to hold unconstitutional The only safe
guard lis the constitution which confides
legislation to the legislature and makes
all legislation repealable. 1t was this
very evil of interference with the right
of the people to legislate that caused
the historic struggles i'll England whose
result is condensed into section 8 of our
BILL of Rights. The whole system of
our free government is summed up in
section of the Bill of Rights already
quoted i. e., ''All political power is
vested in and derived from the people;
all government of right originates from
the people, is founded upon their will
only, and is instituted for the good of
the whole" that is TO say that the will
of the people when expressed through
their representatives in the General
Assembly is the law. Legislators are
not always true to their trust, but the
remedy provided by the Constitution
is not to submit their work for approval
and validatiom to any three men or
five men, which would be an oligarchy.
but to submit it to the approval and
of the real sovereign, the
people, at the next general election, who
will elect new representatives, who Will
set aside, change or approve what has
been done. So far from reducing the
legislative department to sIbor1lination
TO the will of the judiciary, the newer
State constitutions are increasing the
contr'ol of the people over their iegis-
latlres by requiring specified acts to
be submitted by a referendum to an
immediate vote of the people (as is
the case with the pending Constitution
al Amendment in this State) instead of
waiting for a general referendum of
their action in the election of new rep
resentatives. Whatever tends ITO i'm
crease the power of the Judiciary over
the legislature diminishes the control of
the people over their government, mega
tiyes the free expression of their will,
is in conflict with the spirit and the
express letter of the organic law and
opposed to manifest movement of the
age. As was well said by Faircloth,
G. J., in Ewart VS.. Jones 116 II. C. $40
tsince cited with approval by Douglas,
j., in Caldwell VS.. Wilson Il n. g. 41O):
Under our form of government the
sovereign power resides with the peo-
pie and is exercised by their representa-
tiyes in the General Assembly. The
only limitation upon this power is found
in the organic law as declared by the
delegates Of the people in convention as
sembled."
When our State government was form
cd at Halifax in 1176, representative
government was, new, and property
owners fearful to trust the people, and
the masses were generally illiterate.
As consequence, by that Constitution
the people were given the election of
only one officer in the government /.
e.. the member of the lower house of the
General Assembly, the member of the
State Senate being elected by those
owning fifty acres of land and over; the
Governor and other State officers, in
Guiding the judges and solicitors, We're
elected at second hand by the legislature,
the Judges being elected for life. The
justices of the peace were also elected
for life by the General Assembly, and
all the county officers were elected by
the justices, their election being thus
three removes from the then entrusted
people. The justices of the peace elect
ed the clerk of the county court for
life, and the Judges appointed the clerks
of the Superior courts for the same
term. With the increase of education
among the people and the experience
of their capacity for self-goyerIment.
there was a movement for betterment
of this condition, though it was retard-
ed by the fear inspired by the excuses
of the French Revolution. In 1879 the
election Of sheriffs was given to the
In 1892. the clerks of the Super
Tor courts, formerly appointed by the
Judges, were made elective by the peo-
pie for terms Of years. All the judges
at that time were elected by the Legis-
lature for life and the courts We're not