The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

of the court arrived and recess was
taken till o'clock.
AFTERNOON SESSION.
At the opening of the afternoon ses-
sion. Senator Glenn suggested that all
spaeches be taken down and printed.
Lieutenant Governor Turner said no ar
rangement had been made to print any
of the speeches except the two conclud-
ing ones. Senator Morton thought the
stenographers should take down all the
speeches, and that When the Legisla-
ture meets on the 3rd of April, after
the recess, provision could be made to
publish all. No action was taken.
Mai. Guthrie resumed his argument.
He said he appeared as an attorney,
but he should lay down no proposition
that did not meet his personal opinion
and conviction.
The matter Of prime Importance is to
preserve the reserved rights of the pso-
pie The trainers of the Constitution of
I776 were jealous of the rights of the
people but were willing fully to trust
their representatives. The people of
North Carolina would not adopt the
United States Constitution until the
rights of the people We're guaranteed.
In 1889, after major ty of States had
adopted the Constitution, it was found
that it needed AMENDMENTS Two of the
ten amendments relaGaG to the reserved
rights of the people 1T was not until
satisfied they would be adopted that
North Carolina ratifieathe Constitution.
Our forefathers were unwilling to give
to the National Government any pow
ers not enumerated All other powers
they determined should remain with the
people North Carolina people nave al
ways been jealous of their rights. Re-
Numbering the Importance of those
fundamentals in 1868, The Republicans,
in making a Constitution, inserted
provision declaring thati all powers not
delegated remain With the people. he
impressed upon Republican Senators
that their party had incorporated that
principle in the State Constitution
made in 1868. If that provision had been
In the CONSTITUTIONS cf.sl776, who Will
gay Ruffin would have decided Hoke
vs. Henderson as he did? He challeng-
ed the opposition to show single case
where this court had referred to this
constitutional provision. Since 1868.
with one exception (Niehols VS.. Mckee,
there has been no reference to this
clause that leaves all power in the
NallQS u the people.
We are not prosecuting these defend
ants for error of judgment or mis-
take, but for violation of the plain pro-
vision of the Constitution. They should
rot escape under the idea II didn't go
to do it," If that is to prevail, suspend
or repeal all the criminal law, turn the
convicts loose and let society go to-
pieces. The Constitution is the organic
he M no
made among themselves with each
other. We do not deny the right of the
judges to declare plain unconstitu-
tional act in violation of the Constitu-
ton. When the Constitution. is plain
and express, the courts people must be
made to respect it. Is it a small mat
ter? He read from an eminent New
York lawyer by name of Guthrie, to the
effect that the violation of constitu-
tional right was greas, even though in
that particular instance it seemed Slight.
Admit the wedge ever so little and you
pave the way for driving it home In
this money making age you hear 1T
asked: What is the sense of making
all this about a little sum like $S3115?
Why are you making SO much fuss
about little thing? # Entertainments
are allowed in the smallest particular
where will it end? Il the courts can
take 1881 Is out of the State Treasury,
without warrant of law, why can they
not empty the Treasury? What is the
use of a Genel al Assembly at all If the
courts under "in pari nlateria," which is
another name for patchwork materials
can take from and add to the laws to
suit themselves. If they revise the
laws, why not abolish the whole bust
ness and let the Supreme court run
every department OF government?
Junius varied the people of England
never to suffer an invasion of their Con-
stitution. That warning is needed here
in North Carolina. Nearly 100000 of
people are interested Ia this decision.
You sit to- run the line of division be-
tween the judicial ard legislative de-
partments of government Each Sena-
tor has to take an oath different from
the oath of any other Cfficer) to sup
port the Constitution and laws of the
United States and the Constitution of
North Carolina. He takes no oath to
support the laws of North Carolina. You
are here to make laws. and you bring
with you the reserved power of the peo-
pie In one of the ofs:ce-holding cases
(Ewart VS.. Jones) Chief Justice Fair
cloth SAID: Under our form OF govern
ment the sovereign power resides with
the people and is exercised by their
representatives in the General Assem-
bly, If these respondents had recog-
nized this fact they would not have I'M
done the will of the people, and would
not now be here on Irlal They dug up
Hoke vs. Henderson, say it fits these
times, contrary to the Constitutional
spirit, and put the office holders rights
above. the rights of the people.
Wherever the Constitution fixes the
term, of course the term stands; but
not so as to offices created by statute.
They concede that the Legislature that
creates an office, can destroy 1t, but
you cannot get rid of an office under
their decisions unless you abolish the
office and all it's duties. A proper con-
struction of the Constitution is that the
Legislature can fill an office only for
the same length of time as the term
for which they We're chosen. See what
it would lead to if one Legislature could
bind all future ones. One party gets in
power. 1t fills every office with it's own
henchmen and gives them term of 5,
IN Al wears or Cor life According to the