The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-12
CoUrt Decid8S t>i'Dau
|SAYS LEGISLATIVE ACT WAS
UNCONSTITUTIONAL.
Justice Clark Dissents IN an Able Opin
ion That Correctly Construes the
Law-Court Goes Fusion
Furches Writes Politics.

Furches Writes Politics.
less true.
The Day case involving title to superintendency OF the
penitentary has been decided by the Supreme court.
That opinion will probably be handed down Tuesday the
next "opinon day.
1t Is quite lengthy one going fully INTO discussion OF
the questions involved.
The writer of the opinion either Justice Montgomery or
Justice Clark
There reason to believe the decision in favor Of Day
But maybe not. For this is not official
If it's wrong harms done If it's right I'll throw my
self bouquet
Well wait and see There's nothing else to do
Whether the decision will 90 to the extent of de-
caring that all appointments specially named in tie
Constitution shall devolve upon the Governor do not know
probably will not-From the News and Observer April 2
come true to the letter.
1t cold for bouquets, just shook hands with
myself in warm congratulations may now sit among the
"Etold you-sos."
How did | find out so far ahead? Why it political
question: talked to Republican politicians. Just try the
recipe next time for Yourself
The opinion written by Justice Montgomery. From
this Justice Walter Clark dssened In reply to this dissent
Justice Furcsas wrote political dissertation which he has
labelled "concurring opinion.
In Judge Mongon1erys opinion, which is the opinion oil
the court is held that it not competent for the Lga
~ to thefncumbent of office and then continue
and the fact that the duties to be performed transferred
to three persons instead of makes difference This
rule applies offices created by the Constitution we'd as
those created by statute The office of superintendent of
lpenitentary is not constitutional office.
Judge Clark holds in his dissenting opinion that the Office
of superintendent of the pententary actually and ell
ely abolished by the legislature the power that created
lit the fact that the penenary must still be governed
proof that the office of superintendent still in existence
der another "The management and Of the
State Prison is essentially governmental function 1t IS az
indispensable part of the administration Of the criminal laws
of the State No Legislature deprive the State of thar
power by giving it away bargaining it away Judge
Clark further holds that IF office useful should be-
useless and unnecessary charge upon the people,
only right of the Legislature to abolish it. but it It's
duty to do So
1t is powerful legal argumentthis opinion of Justice
Clark ks-ceancut and logical it carry conviction to
the minds of fairminded readers
1t opinion that turns the other side their
makes them writhe; and than Judge tuche who
Istraghtway rushes to Judge Montgomery Work
ing himself into holy partisan passion Judge Fuche dev
|er himself of what he considers mighty reply to Judge
CLARK He declares that the office of Superintendent of the
pententiay has been abolished that the office is in
tangible and consists in the duties of the office and while
these duties combined the office is continued"
No opinion in this State in recent years has attracted
general and widespread interest For the past week little else
has been talked of among politicians
Even before the hour for handing down opinions yester
day number of lawyers mpatienty waiting in the
has and during the afternoon nearly every member of the
Raleigh bar caed at the clerks office get peep the
decision
Capt Day and his attorneys there of course-al
happy as new brides.
Pm surprised the result" said the captain 81
sure I'd win Now I'm going to do my best conduct the
institution on business principles"
Can YOU get any money!" he asked
"Oh, don't contemplate any trouble that The
opinion says nothing that line, but there be trouble
between me and the new board to that"
And the Captain went the telephone tell his wife,
STve beat en-
Then there Dr. Abbott attorneys, anXously turning
through the different opinions and declaring the opinion fitted
their like the paper the wall Then there Dan
Patrick friends declaring he certain of the balance
of his president of the A. and a. c. Railroad, while
others conended that Theophius White the shell tsh com
missioner, and Dr. Burns the keeper of the capitol were ali
in the same boat.
Dr. Burns there person, all smiles and good spirits