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


tion but the Supreme court itself was u
legislative enactment. The judges
raised under the old system of distrust
of the capacity of the people for self
government, looked around for some
clog to put upon the radical movement
which (as it must have seemed to them
threatened society. They hit upon prop
erty in office acquired by contract under
the State and the contract" clause of
the Federal constitution (Which had not
then. as now, been distinctly held by
the United States Supreme court not to
apply to office and rendered the decision
in Hoke VS. Henderson which has been
a charge upon legislation ever since, and
a fruitful source of litigation. In that
opinion the judges frankly say that the
proper tenure of office is for life. But
progress went on. In 1888, constables
were made elective by the people and
in 1888 the election of Governor and
county officers was given to the people.
In 1854, free suffrage was adopted and
the 30 acre freehold required as a
qualification for electors for the State
Senate was abolished In 1868. the cleo
ton of the State officers Except that of
Governor already conferred in 1880 and
of the judges, solicitors and justices of
the peace and corOners and county com
mssioners was given to the people. In
1880 the election of Superintendent Of
Labor and Corporation Commissioners
was given to the people, and the plain
tiff is fighting against that-claiming
that the abolition of his office and crea-
ton of n larger office, the commissioners
of which are to be elected by the people,
is violations of his rights, and invoices
Hoke VS.. Henderson, That decision was
erroneous and illogical when made, has
since been so demonstrated by the
United States Supreme court, and is in
consistent with itself But if it were
correct, it does not cover the plaintiffs
case.
The same progress made in the acqui-
sition of control of the government by
the people in the State has taken place
in the Federal Government. In the
United States constitution of 1871, only
one officer, the member of the lower
House of Congress, was made elective
by the people, The Senators were
chosen at second hand by the State Leg
islatures, and the President at second
hand by electors, while the Judges Sc
election, being appointed for life by the
President and confirmed by the Senate.
The people quickly made the election Of
President practically direct in them
selves and reducing the electors to
shadows. An amendment to elect Sena-
tors by the people has repeatedly passed
the lower House of Congress and must
soon pass the Senate. The election of
judges by the people, and for a term Of
years instead Of for life, has been adopt
ed by nearly all the States and evidently
must soon become an issue as to the
United States judges
In other nations. the same movement
to place the control Of government in
the hands of the people has taken place.
4 late historian (McKenzie) says:
Sixty years ago, Europe was an aggre
CATION of despotic powers, disposing at
their pleasure of the lives and property
of their subjects. Today, the
men of all Europe (outside of Russia
and Turkey govern themselves. Popu-
lar suffrage, more or less approaching
universal, chooses the governing power,
and by methods more or less effective,
dictates its policy" In recent years.
Brazil the only monarchy in South
America, has become a Republic, and
even Japan now elects a parliament.
In the face of this well nigh universal
of the right of the people to
manage their own affairs, the plaintiff
calls upon this court to declare and use
a paternal power of supervising and set
ting aside the action of the Representa-
tives of the people of North Carolina
lawfully assembled in Legislative SEES
sion and legislating upon governmental
matters and he does this upon the al
legged authority of Hoke VS.. Henderson,
which, if not applied to his case, has
been dscredited and disallowed by the
United States Supreme court since hold
ing that the clause Of the United States
constitution does not apply to offices.
Bill of Rights Violated.