The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-13

express. telegraph and telephone com
missioners were to be elected by the
people at the general election; the first
election to be in 1900, one of them foi
a term of two years, another for term
of four years and another for term OF
six years. At all subsequent elections
the term of the person elected shall be
six years.
The duties of this board are infinitely
specified, very similar to those of the
Railroad Commissioners with respect TO
the railroad, steamboat or canal com
panies. express and telegraph companies.
And adds to these supervision over tele-
phone companies. building and loan as
sociations, sleeping car companies and
banks.
A separate distinct provision in the Act
is "To perform all the duties and cxer-
else all the powers imposed or conferred
nv Chapter 800, Public Laws of 1891
and the Acts amendatory thereto.
Neither this Act, which by the way
was made of force the day after the
repeal of the Railroad Commission Act
nor as has been seen, this last named
Act itself say anything whatever about
the assessment and taxation of railroad
property.
The Corporation Commission proceeded
to assess for taxation the property of the
complaining railroad companies. and the
question was made as to the right of the
commission SO to do.
Unaided by any decision ON this point
Of the court of last resort in North Caro-
lima, the conclusion was reached that il
had DO such power. This mower of rs
sessment was entrusted to the Commits
sioners elected under Chapter 800, Laws
of 1891. and for this purpose they were
constituted.a Board of Appraisers. The
Machinery Act of each succeeding year
had done this, including that of the year
1890
The Legislature of 1899 repealed thar
Act in toto so far as language and in
tent could do so. The conclusion then
seemed inevitable that the Act was i'm
fact repealed. Beside this, one day af-
ter the Act was said to be repealed. the
Legislature put in force the Corporation
Commission Act, by which they declared
their purpose to establish the North Car
DINA Corporation Commission, by elect
ing then and there three Commission
ers, to whom was given different term
from that of the Railroad Commissioners.
differing wholly from the Railroad Com
m;ssioners, who after one election ny the
LEGISLATURE. would thereafter he elected
by The peonle. whose vacancies We're III
ed not by the Governor, but by the
Board Of Internal Improvements, and
who received different salary and took
different oath of office With this light
the conclusion was reached that the Act
I o:I ciQ
was repealed: that other officers had been
elected differing in tenure and IN other
important respects from them, and that
as was stated at bar. two OF the former
Railroad Commissioners having accepted
election under the new Act, and having
taken the oath of office Hereunder, nee
essanly vacated their former office and
there remained but one person who could
claim to be a Railroad Commissioner.
So as he could not act as board himself.
and in fact did mot act with any one, and
as the Corporation Commission was not
empowered to make the assessment, the
conclusion was reached that the supposed
assessment was void and action under
it was enioined.
But whilst the case was before this
court, there was pending in the courts OF
y
relatione Abbott, the Railroad Comin's
sioner. who was not elected on the Cor
noration Commission VS.. Reddingfield
who never having been a Railroad Com
missioner. was elected ON the Corpora
ton Commission.
Abbott claimed that he had property in
his office, of which he could not be de-
prived. except by the abolition of the of
a. n
the office were continued, a mere change
of the name of the office did not abolish
it or extinguish his right to it. That the
CORPORATION Commission was but the
Railroad Commission under another name
and that its passage in no way affected
his right to his office. and that Bed
dingfield was an intruder therein. Ihe
cause was heard in the court of last re-
sort in North Carolina. That court award
cd the office to Abbott and excluded
Beddingfield. Constituting the Acts quot
ed above the court held that the Railroad
Commission Act was not repealed III fact
That the Corporation Commission was
the same Commission to all intents and
purposes. except the name. That when
the Legislature passed it, they defeated
their declared purpose. because under
the Jaw OF NOFuH OdTOlIud, toldpilShCu
by a current Of decisions from Hoke vs.
Henderson, 10 n. G.. !, that public
office is property, of which the 1ncum-
bent cannot be deprived so long as the
duties of the office, under whatever
name or title, must be performed. That
constituting these two Acts in pari ma
terra, the Corporation Commission Act
was an amendment to the Railroad Conn
mission Act, and that the two commas
sions were one and the same. They
seated Abbott on the Corporation Com
mission. and held that he was a conn
ponent part thereof by virtue of has office
as Railroad Commissioner.
This decision as to the action of the
Legislature and the construction put up
on the repeating Act of 1899. and the
Corporation Commission Act differ tote
coelo from the conclusion reached by this
court ON the case presented by these
bills in equity.
The question now is what effect should
the Judgment of the Supreme court OF
North Carolina have upon the action OF
this court. Ought it to lead to a re
consideration of its opiniom and the recall
of its action thereon?
We are bound to presume that wher
question arose in the State court, II
was thoroughly considered by that tri-