The news & observer., 1901-01-15

en- from a similar provision in the Consti-
tuition of the United States.
Il think it would be in the nature of
news to the people of Chatham that they
had not elected Mr.. Aycock Governor. If
there is any force in the argument of the
gentleman from Chatham. the Governor
could not take his seat until Jan. 1, 1902
This section of our Constitution has
been three times construed by the Su-
preme Court. which has held that the
Governors term began on January 1st
In recent years this matter has been re-
ferred to in Ward against Elizabeth City,
121st resort Here the term holding
over is designated as a constructive term
of office. and not part of the term of
office.
In the face of three opinions of the Su-
preme Court. how can anyone say that
the term has not commenced. even though
the governor was prevented from taking
his seat. Suppose illness had prevented
him from taking his seat until July,
would he not have been considered Gov
ernor until that time?
1T is very natural that the majority
should feel as they do in this matter
and wish to compensate their leader,
poor, man. for his good services. Knowing
him as | do, | believe Mr. Aycock himself
would sDurn to receive an increase in sal
ary under a measure of this kind He is
a man who thinks very little of money
anyhow.
Il am not ore who subscribes to the
doctrine that North Carolina is poor or
stingy in the matter of remunerating her
public servants. If you compare the sala-
ries paid by other States with ours, and
also the taxes from property, you will
see that North Carolina is liberal ac-
.cording to her ability, and pays better
salaries than the average. 1t is not true
that North Carolina is mean and niggard-
ly. Why, We pay for the education of our
children more in proportion to our means
than Massachusetts, Michigan and several
other great States.
81 say that the Legislature two years
from now is the one to make provision for
this matter. We are called on now to
relieve the old veterans of the war, those
upon whom God has laid heavy affiiction in
cur prisons and asylums, and to furnish
opportunities of education for our igno-
rant little children.
Mr.. Alexander, of Rutherford, asked
Mr.. Graham whether he opposed the meas
ure because it was unconstitutional or be-
cause he thought it was unjust
Mr. Graham replied that he had tried
to make himself clear on the matter, that
he opposed it as useless at this time, be-
cause according to the Constitution it
could not go into effect, and because there
were so many other appropriations TO
make.
MR.. ROUNTREE'S ARGUMENT
Mr.. Rountree, of New Hanover: II re-
greet exceedingly that have been drawn
into anv discussion on this matter, and
more so that find myself opposed to my
friend from Granville.
"As a LAWYER. cannot understand my
friends position, except for the fact OF
its being so hard for man to change an
opinion once held by him for SO long
Il believe the principle of the measure
TO be right. and I believe that the in
crease will apply to the new Governor,
although that question is little con-
fused
When Governor Aycock was first men
toned for the office he told me he could
not possibly afford it, Now that he has
been called to the place by such an over
w,ndlm[h. maEgrity, de- you want ito
bankrupt him? We are very much better
able to pay this increase now than We
have ever been. Why did we build the
great mansion? Was it for a rich man to
live in? l think we intended that the
Governor should be enabled to uphold the
dignity of the State. There is not one cent
for the various duties the Governor is
hi inn
the trips he is forced to take. The only
provision made. as my friend from Chat
ham saws. for the maintenance OF the
household is for fuel and lights. More
over, Mr.. Aycock is the first poor man
TO go into the Governors Mansion.
Now, the question is. can we do 1t?
find in the message of Gov. Jarvis the
following: Il trust that l may be per-
mitted to urge the increase of the Gov
ernor's salary. | know so well how in
adequate the present salary is and Gov
Jarvis lived at the hotel. and not at the
Mansion.
In the Senate then was John Calling
of Wake. a lawyer transcendently superior
to any LAWYER of his time. He declared
the bill perfectly Constitutional.
However great the Senate or 1889 ma!
have been. | do not think the Senate OF
1901 inferior to it. and they have passed
the bill with hardly a dissenting opinion
There is, unfortunately, some confusion
in the statements of the Constitution.
But it is principle of law that the whole
Constitution upon subject matter must
be read together. If you cant reconcile
all the provisions, the last provision must
prevail
This whole question comes down to
this When is the time for which Mr..
Aycock was elected? Did the voting in
August elect him? Is the election COM
plete at this time? Suppose this Legisla-
ture should adjourn without canvassing
these votes and declaring Mr.. Aycock
elected, and Gov Russell should hold
on, and Mr.. Aycock bring an action
against Gov. Russell for the seat would
he succeed? Clearly not. 1t is impossible
that 1.-The time for which he is elected"
could begin before his election. Ahsurdi
ty could go no farther. The last ex-
preston of the viii OF the PEOPLE con-
trolls this msGter, and that exrrassion
is the provision in the constitution that
the Legislature shall meet on the
Wednesday after the first Monday in
January and then prOceed to the de-