The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-05-12

had the right TO recede at 4 time be-
fore the written contract was actually
signed. This decision makes Edwards
& Broughton and E. NJ. Uzzell public
printers.
Judge Douglas delivers the opinion
in the case of John S. Cunningham VS..
W. c. Sprinkle, involving the right of
the democratic members of the board
OF agriculture, elected by the legislature
this year, to hold Office. He holds that
they have the right and says the points
are simple and clearly presented, though
important; that there was no effort to
remove the f~usionnsts from office or
deprive them of property right therein.
The supreme court opinion says Of
the members of the board of agricul-
ture: I'VE feel compelled to say they
are not constitutional officers and that
being Of legislative creation they are
equally within the power of the legisla-
tive appointment, the legislature has
the largest latitude of regulation as to
this board. While imperative duty and
unquestioned power rest with us to de-
clare null and void any act of the leg
islature which may be in violation of
the constitution, we must concede 70
that coordinate branch of the govern
ment absolute freedom of discretion in
lawful exercise of its constitutional
prerogatives.'
CLARK'S DISSENTING OPINION.
Justice Clark's dissenting opinion in
the Buncombe county clerks case is of
particular interest. He says the legis-
lature had unquestioned power to abol-
ish the Western criminal circuit and
the offices appurtenant, and hat such
abolition at the last legislative session
was very clear. The legislature Great
ed a new circuit not in the least iden-
teal with the me abolished and COW
ering more than double the territory
of the latter. This was held in the case
of Ward VS.. Elizabeth City to be sufi-
cient to destroy the identity of the two
courts. Why should this court be
called upon to Over-rule this most re-
cent and unanimous decision in order
to defeat the legislative will as express
ed in the act of February 9th. If the
courts have Jurisdiction of the acts Of
the legislature, can divine and declare
it's motives and set aside the acts Of
that greatest of the departments of the
government just as it can pass upon the
good faith of a deed between %fndividu-
ais and set it aside for fraud, then the
plaintiff might have ground to main
tain this action, provided he had intro
duced evidence to sustain the charge
of bad faith and the jury had sustained
his contention, neither Of which has
been done in this case, and no court in
an English speaking community has de-
clared itself vested with such Jurlsdlc-
ton. Frequent recurrence to first prln-
ciples is essential to maintenance OF
liberty. The legislature is a great and
chief department Of the government.
1t alone is created to express the will
of the people. Chief Justice Faircloth
in a recent opinion says the sovereign
power is exercised by legislature and
the only limitation upon this pow
er is found in the organic law
as declared by delegates Of the
people in convention assembled from
time to time. No state has in its con-
stitution a provision empowering the
court to declare any act of the legisla-
ture unconstitutional. 1t has been as
sumed by the courts upon their own
motion. This assertion of authority
has been tolerated rather than conced-
ed. This is not an suspicious time fol
the courts to amplify their jurisdiction
The legislature can set in judgment
upon any member of the executive OF
judiciary branches Of the state govern
ment by impeachment and remove him
from office. This indicates that ulti.
, ate supervisory power is in the legis-
lature, not in the judicial department
independence Of the judiciary does no
require that it shall have power to in.
tc.-ene in a coordinate department
and set aside its actions as invalid
When this is done it is upon othel
grounds than the independence Of tn
judiciary. Sovereignty remains Away!
in the people to be exercised readily
and promptly. 1t cannot be tied VI
and put beyond their reach by a slxt!
days legislature creating officers 10
four years or fifty years or for life, ant
then putting them in charge of stat
institutions and the states property
The emolumerts Of such ohceholder
cannot be mOr sacred than the RICH
of the people to control their own gov
eminent and to change the management
of their own property whenever the.
think proper"
Caraleigh phosphate and fertilize
mills here today began the preparation
of plans and specifications fOr a cottol
seed oil mill
THE JIM CROW CAR LAW.
This afternoon the railway commits
sioners acted regarding Jim Crow Ca
Law 1t sent the following notice t
the Atlantic Coast Line: ION all you
roads on which passenger trains ar
run there shall be, ON or before Jun
, 1st next, provided separate but equa
, Accommodations for white and colore
races on all passenger trains except tw
through trains. Such accommodation