The news & observer., 1901-03-27
rHENws AND OBSERVER WEDNESDAY MORNING,

should not be permitted until after the
expiration of the terms of the members
then in office They go further, and ex-
tend the doctrine in Hoke against Hen
derson to non-Iucrative offices, and they
seem to overruie express decisions of the
old court by holding that school directors
who surrendered their offices to the ap-
pointees of 1899 were thereafter per-
mitted to bring their suits and get
possession of the offices Notwithstanding
their former abandonment The court
cites Hoke against Henderson as its au-
thority for this decision, but does not
cite these cases decided shortly there
after by Chief Justice Ruffin holding that
the clerks who had abandoned their of
fees could not bring suit and recover
them. 1t is held that the Legislature
could deprive the solicitor of the Superior
court of one of his counties, although
constitutional officer, but it could not de-
prive 2 solicitor of a Criminal court of
one of his counties.
THE WORK OF TWO SHORT YEARS.
"The expansion of this doctrine, as !
said before, has all been accomplished
within two years.
"The effect of this expansion is to pro-
tect and enlarge the powers and rights OF
the office holder and to diminish ana
minimize the rights and powers or the
citizen Let us remember that neither OF
these principles is recognized as here
interpreted in any other court in the
world Neither of them is mentioned in
our Constitution. The only excuse in the
Constitution for Hoke against Henderson
is section H. article l, and it only after
public office has been construed to be
private property. The position assumed
by the majority of the Supreme court, in
cluding the Respondents, is inconsistent
with the safety of our institutions. III
this position becomes accepted as law in
this State it will be within the power OF
any Legislature to place the control OF
the most important functions of govern
ment beyond the reach of the people for
an indefinite period. You have heard,
Mr.. President and Senator's, the interpre-
tation Of this doctrine in the testimony
of Judges Douglas and Montgomery. You
heard them swear that, in their opinion,
any General Assembly could fill any office,
which is within control of the Legisla-
ture by appointment for a term of fifty
years or for the life of the appointee."
Mr. Pou then went on to enumerate the
offices that are under the cntrol of the
Legislature.
THE control of all the great institu-
tions Of the State, the penitentiary, the
hospitals, the Department of Agriculture,
the Corporation Commission the cities
and towns, the county government and
all the officers in the county except
sheriff, clerk of the court, member of the
Legislature and coroner are under the
control of the General Assembly, he said,
1.-The General Assembly may provide every
statute and appoint to every one of
these Offices the appointment to take eff
feet at the end of the terms of the pres
ent officers. According to Judges Douglas
and Montgomery, they may give to their
appontees terms of fifty years or for life,
and they tell us that all succeeding Leg
islatures viii be powerless to remedy this
evil.
WHAT THE DOCTRINE MEANS.
"Mr. President and Senators, do you
realize what this means? 1t means that
when the General Assembly reconvenes
in this city on April, the Srd, it may pass
statute and strip the people of their
right to elect their most important Off
GERS for the term of fifty years or until
the death of the incumbent selected by
the General Assembly in April. They say
that this can be done, notwithstanding the
fact that it is settled rule of law that
one General Assembly has no the power
to PASS an act which will diminish the
power of succeeding Legislature to deal
with the same subject and in spite of the
fact that the bill of rights declares that
elections should often be held, that fire.
quent recurrence to fundamental princi
pies is absolutely necessary to preserve
the blessings of liberty, and that perpet
uities are contrary to the genius of
free State and ought not to be allowed,
and that all powers not delegated remain
with the people. / think a mere state
ment of this proposition is enough to show
that it cannot remain the law of North
Carolina or of any other self governing
commonwealth. Eut this is the doctrine
that the majority Of tk2 Supreme c5urt,
inclu1ng the Respondents, contend f2r,
and which they arc cndeavCrns to fas
ten upon the people Of tbs state.
APPLICATION OF TIE TEH;CITLE.
The speaker said the court had not con
tented itself with a mere announcement
of these principles, but had given them a
concrete application.
Having set up these idols of judicial
construction, they have determined to
violate, if need be, every section of the