The Caucasian. (Clinton, N.C.) 188?-1913, 1900-03-29
CContinued from last week.

A CONFESSION AND AN ATTEMPT
ED AVOIDANCE.
The supporters of this amendment
Have recently realized that this is true.
They have realized what this great,
sturdy, honest element of illiterate
whites in my State have made up their
minds t~lldo. In fact, they have just
confessed that they can not sustain
this measure by argument before the
people. | hold in my hand the proof
of that confession. On last Thursday
Judge Brown, one of the State circuit
court judges of North Carolina. while
holding court at Wilmington, gave to
the press an interview in which he not
only expressed an opinion about the
constitutionallty OF the proposed
amendment. 1ut he went further and
advised his political friends to amend
it In order to avert defeat at the polls.
l Will not az this time comment upon
the improperly of a judge expressing
an opinion in advance and for political
effect about an important question
that is liable to come before his court
for adjudication. can only say | re-
gret X. But desire to call the atten-
tiC'n OF tha Senate to the change in this
He advises that when the legislature
meets, at an adjourned meeting, before
the election in August, that it amend
the amendment by adding a new sec
tion, to he known as section 6. The
form of the amendment that he adj
vises the legislature to adopt is as fol-
lows:
Section g. This act shall be con-
kot, ,I.D1A
any Of its clauses, sections, and pro
visions shall for any reason become OIL
he declared imperative and invalid
the whole of this amendment ant
every part and section thereof shall be-
!, come null and void and of no effect.
- Every newspaper in the State thai
Y - supporting the amendment, SO far as
have seen, has Endorsed this sugges-
1ion. Within the last few days the
chairman of the Democratic State com.
mittee has published carefully pre-.
pared official interview not only in
dorsing the suggestion but claiming
that he is the father OF 1t and first sug
4. Sested 1T to the judge. He ~oes fur
ther, and, speaking by au'' l1ty. says
that the legislature will Ieet and will
amend the amendment by adding sucf
a section. So l take 1t that it is prop
-r to di-cuss this proposed amendmen
with this proposed section added.
Judge Brown has the reputation o.
being a good lawyer, so the judge mus
know that the section that he proposes
y will net, be considered by the court al
y a pat J the amendment, but simpl!
as a, legislative declaration, even
though 1t be ingrafted into the amend
!. nent as one Of Its sections He mus
c. know, further. that the court, if it dix
Ve rot resent. would st least ignore, suol
q theAeFprt on the part of the legislator,
in Euct the court as to how itshoulC
nate sle statute. In this country
nst fthe legislative and judicial de
Jartments are entirely distinct. Meth
or bne is ever permitted to intrencl
npd the authority and domain of tn
9th e.
VA A.EGIsLATURE CAN NOT IN
STRUCT THE COURTS.
No court. so far as know, has eve
yet permitted any legislative body il
MORT. C.. .ollna or anywhere else il
Shi5 pu,, y to thus instruct them a
to - they should construe statute
The court never looks at the declara
tion that legislature makes, but
: elooE at the substance of what it doe
(and enders its Judgment accordingly
}. Ethd supreme court of North Carolina
= :" e case Of Robinson VS.. Barfield {
,bhy), ignored such a declaration
- lie part of the legislature an
ye decision said that the cour
Ad allow such declarations attempt
~ ' u to instruct the Judiciary to rema al
aIdead letters on the Statute books.
yop her on in the opinion, Judge Dan
aU ",' al one of the ablest judges of tn
hn in delivering the opinion. said
haIonk court can neither nibble at tn
Raj ative power nor can the leglsle
Sa,nrU tride over the judicial.
onsiK doctrine was approved in HOk
feet ol anderson q Dew and in man
ount.- - State decisions.
ettel I|hin the last five years there hav
han =. n. think, at least dozen cases
e ", Carolina where 'he courts hav
tawste ed that notwh \ 'Qding tn
Is yhltive declaration tina ! had don
'ih be d fDain thing, that the court woul
~ 10 attention to the declaration
bur Mould lock to the substance {
wi <,lhey did. think could cite
a. <Nn or 10 cases, but take 1t tn:
,sSNA SNnNts no authority to the contrar
!, %. $@s other State or in the Unite
~ STATED Reports. i have not had tin
- to lov / through all the United Stat
Repq s on this point, but every ca!
ihad found holds as have stated.
: the d le of United States VS.. Claf1
/ COZ IS. Reports) the court says:
Al cital IN a statute that a form'
$tat1 %was repealed or superseded |