The news & observer., 1901-01-16
MINORITY REPORT.
CONTINUED from End page.)

Hut the Constitution is express that
AiclNer shall hol donly until the next elec-
tion and the person then chosen shall
hold the office for the remainder of the
unexpired term fixed in the first section
OF the article. to-wit: four years from
January l. 1873"
In Ward VS.. Elizabeth City. 121 N. c.,
page 4, the court says:
We believe this is the first time it has
been attempted TO extend the doctrine of
Hope vs.. Henderson to hold overs The
right is not part of the term of office,
but constructive addition there to-
The wisdom of these restrictions in our
Constitution and safe guards from inter-
terence by one branch of our government
with another will be seen when we con-
slider for moment what would have been
the position of many of the advocates of
This bill, had our political opponents car
RED the Legislature and the Democrats
still have elected the Governor, and car
RED the Constitutional Amendment; and
some Republican. 20 a vengy the threat
tncd disfranchsement of a large portion
OF his party. had introduced bill to re-
"utc the salary if the Governor to $500
or $1,000. Would they still claim the Leg
islature had the constitutional right to
do So"
1t was also intended to preserve the
independence of the Legislature so that
no man should be induced to vote for the
measure from the hope of favors to be be-
slowed nor deferred from doing his duty
by reason Of fear of the incoming admin
istration.
The Intention of the trainers of the
Constitution was aptly and tersely. ex-
pressed by member of the committee,
who said They intended that the Leg
islature, who voted the increase should
not know who would be the recipients of
their benefactions.
IL is argued by some that the Gov
ernor is not full.' elected until the Legis-
lature shall meet and under article 3.
section Of the Constitution, the returns
snail be opened and published in the pres
cnce of majority of the members of both
houses. and the person receiving the high
est vote be declared elected And that
cannot he done until after the first day
OF January as the Legislature does not
meet until the Wednesday after the first
Monday in January. Well, il that be So
when does the term of the Governor be-
gin The Constitution says on the first
day of January next after his election So
Governor Aycock would have to wait un-
al January /. 1902.
In our opinion. ii is unwise and mex
pcdient, at this time. to enact a law that
cannot take effect for four years. to- wit
on January L. 1905. The Legislature that
meets between the two elections for Gov
crnor is the one 10 properly consider the
question of an increase of the salaries OF
the executive officers" 1t will have
had two years longer experience, and can
better guess at the probable financial con-
dition of the people in 1905 than we can
at his distance OF time. And no suspicion
OF stimulated hopes nor deterrent fears
can attach TO them.
1t is argued by some that the Governor
is not fully elected until the Legislature
shall meet ON Wednesday after the first
Monday in January and under article s.
section 3. open and publish the returns of
election in the presence of majority of
both Houses of the General Assembly
and declare the person who shall have re-
ccivcd the highest number of votes duly
,lcc.cd
II such be the law then Governor Ay-
cock canno. be inducted into office until
he first day OF January 1902, for section
J. article 3. saws the term of the Gov
cTnOr shall begin on the first day of jan
uary next after his election. The argu-
ucnt Is unte-abe
Many of our ablest LAWYERS say that
az least the law is of doubtful constitu-
tiOnality applied TO the incoming ad-
mnistraticn. In that case. what is the
duty of the Legislature We cannot better
CAlrcss our views than to quote the fol-
lowing extract from Coolcy's Constitution
Limitations. page SIS.
DUTY N CASE OF DOUBT
Hut when all the legitimate lights fol
gsr, ,rtaininS the meaning of the Constitu-
sion have been made use of, it may still
happen that in the construction remains
a matter OF doubt In such a case it seems
clear that every one called upon to ac,
where. i'm his opinion, the proposed actor
would be Of doubtful constitutionality. is
bound L 1On the doubt alone TO abstain
ffcm acting. Whoever derives power
from the Constitution to perform any pub
lie function dsoyal to tha, in
strumcnt and grossly derelct
duiy il he does thar viii
ne is not reasonably satisfied the consti
tuition permits. Whether the power
legislative. executive or judicial, there i,
manifest disregard of constitutional aGt
moral obligation by one who having take.
an oath 10 observe tnat instrument, takes
part in an action which he cannot say h,
believes 10 be no violation of it's proyi-
sious. A doubt of the constitutionalitl
OF any proposed legislative enactment
should in any case he reason suff
CiCnt for refusing TO adopt it: and, if leg
islators do not act upon this principle.
the reasons uDon which are based judi
cial decisions sustaining legislation il
very many cases will cease to be Gl
fC.ce."
We do not agree with the oft repeated
assertion that North Carolina is niggardly
i'm the compensation of her public ser
ants Upon an examination of the sta
tistics it will be found that in proportion
10 her means, she pays above the average
salaries paid by other States in the Union.
Prior 10 1917, the salary of the Governor
was 800. Then ii was enacted tina,
-four hundred dollars shall be paid to the
Governor in addition to his present sal
ar-"
In the Revised Code of 1855. the Gov
crnor's salary is stated to be 5000. BY
The laws of 1868 chapter 10. it was raised