The Caucasian. (Clinton, N.C.) 188?-1913, 1901-02-28
No. | |


neiihs-s oDo is ev-r g-rrmil,.d 10 I'm
iFrnch li-.'if ag.a ia- py~vr. .sthug.
~ sfsd dufosiu "a thr ukher la
cNssssFait7s . ssaiutr. tha cusrt. ars-
eT !unk a. The us-rv d~c.Anisua that
= legislature uAkr-. hat 10 la.aks a.
the su,,>IAnCc - - izst IL da.- sDd
always rrtsdrr~ Ia Issigna-a; ssNSsri.
lngly IL -uyIoSi of this yzot..s-
iaOn, Mr.. sf.ukrT. hy y,ar T.'Hmls
-iOn. ! ~!ll n2d ~hsi iho SaIrvss.
CsGTt of North Carulln. -ald la ia,
cS-r oi Robiu-ssn Va HAsaeld.
Murphy. I@sr !. yva NH Vlca-
t.~r ia miBd that this si-~lsiosi ws.
riAsis', and ihc uplniun ~riit~u ~
Judge DAnic =, ou- ct tho ms-s sbl-
;gdg,- ur North Carllinz. marty oar
hundr'si Year. az. Atd Substantially
has h-cu iOgl0~sd - all .ui--,4Dout
decisions along that liis,.. Her, ths
SPEAKER mai rr,lm the q, ci.I,.a
above The Suprm- csat oI
Moth Carolina igIaur,~l -uch Jsxls
ON tn. part al tie is-gi.lAiurv Aud In
the dsvl-lon AID that the cOurt ~uuld
allow such .i-claiAiion. attempting
10 Instruct the Judiciary Ia r-msin
''Es de-d letter on the statute
hooks. tn. sI.1krT rad narth-r ga
In she deCi-iOu, hcrr Judge IAn-
iei-, in delivering the oplnlcn "f the
court aid:
THIS court can neither nihi,l- sl
The legislative power nur can the
l'gi-latiN. stride over the judicial"
In the cA-r Of IN. United state.
W. CiAfiin l97 Reports pagc $40:
"a rcCitAl la a statute. that f1r-
mer statute MAS r-I--AI. a az suI.n-.-
ds-d hy subsequent Acf-, l. no; cpn-
elusive A- la -uch r-I.Ai ar -uI-r-
] -'.iur. Whcihrr q statute us- -
rI.'alei l. . Judicial. and not lex
i-lAiiVr question "
Here, Mr. Speaker, IL L. written
80 plainly, though Ne D. but "Wsy
faring men," yet We may r-Ad q.
We run and understand Tn. Do
cision io which Ai fir-t rf-rr,-l,
a. ! aid awhile AK wa- made In
North Carolina n'aTly one hundr,-i
year, ago, and has b-n followed Co
the very letter 10y ali our Distinguish.
81 Juri,t-, who have adorned the
Supreme lIench Of North Carolina
during that period OF time
Now la this year Of grarr, 1901,
for the iir-t time -incc the incrpilou
! OF our Supr-;ne court Ia North Car
olina do We hear IL said that the ley
'slative department of our state gov
eminent has right, aud can do IL
with impuuiiy, TO stride over the
judicial depart meni, aud diciAt. Co
Al how IL shall csnstrue statutory
law, aud the manner In which II L.
to 10 governed ia issuing mandates
Ia enforce ill., ordcr-. This T. an aye
Of Trogr.--, both In the science of
government aud the material devel-
Dpnent of our great add noble
State, and pause Ia say, Mr. SJ-ak-
er and gentlemen Of the Iuu-e. Ict u
toslsy take nO backward step, make
no mistake Ia our deliberations upon
thi- question, but, ON Ia. cUntrAry,
let us at aud vote in such way that
no injustice will IT, done ihe-s
Judge Mr.. SPEAKER, IL l. only the
province OF the Legislative depart
ment 20 enact law, sud not Go al
vie the Judicial department ~ to
how IL should oon-tTue laws. and In
support of this proposition, ! wish.
by your permission, 10 read from the
famous ca-c OF Hoke W. Henderson,
Is y G., rage l2l: "The faculty
il expressly denied To our LegislA-
ture Of adjudication, a. much ~ leg
islstion IL denied Ia our judiciary.
Il Whenever All act Of the Assembly,
therefore j. decision Of title b.--
tween individusis, or clA--s-- Of In
dividuAls, although IL may Ia term.
purIOrt 10 be the introduction of .
new rule of title, IL j. .---cntiAlly a
judgement against the old claim
OF right; which j. not a legislative,
+ but Judicial function. Now, Mr..
Speaker, take the cas- Of Theophilu-
White, aud III that cA-e ds-ire -
lay down this proposition. That IL
he had been duiy appointed, or WAs
by the act OF the legislature of s97.
appointed 10 the Office of Chief In
spector Of the Shell Fi-h Industry
of North Carolina, and had not for
feited his Office and had made no
assignment or conveyance, or had
not been guilty of malfc42nce or
Inisfe4aAnce, that he had vested
right in II, which the Legislature Of
1899, could not, by the Act- Of 1899,
D chapters Is, 10 and II divest him
f Of. In support Of this proposition ]
: desire 10 read from the 100 ". C.,
j. page 2l2: Mr. Justice Montgomery,
g said In rendering the opinion Of ths
J: court: "An Office l. property and
e ~ the subject of protection like any
h other property under the provision.
O Of Sec IL of Article ! Of the consti
n tuition, subject 10 the qualifications
= that il cannot be -old or assign
n ed or the performance Of lts dutie-
c a. rule deputed 10 another, and
G that for misieasance and mAlfeas
Is ance the holder may, by competent
e authority, be deprived Of the same
# A public Office being private proper
i ty, 80 long as the Office il In existence
The terms for which the holder In,
d been elected or appointed cannot b
= essened to the prejudice Of the In
= cumbent, unless he has committee
,, some act which works forfeiture
Is Now Mr.. Speaker, i do not thinl
;, there Is q member on this floor d
e day who will question White