The news & observer., 1901-01-15
THE VOTE STOOD SIS TO So
Two Opinions as to Who Has Been
Legally Governor Since Jan. l.
CHAIR ANNOUNCES SIXTEEN COMMITTEES
Messrs. Rountree, Hayes, Simms, Lead the De-
bate For The Increase of Salary. Messrs.
Graham, Smith, and Britain For
the OPPOSITION.
the Opposition.

tne UppOSlllon.
After a long debate, which turned prin-
cipally upon the Interpretation of the ar
ticle in the constitution relating to the
legal term of office of the Governor. the
bill to increase the Chief Executive S
salary from $4,000 to $4,000 passed the
House by the close vote of 55 to SO. The
difference of opinion on the question OF
fiict in the Constitution. In one place. it
fixes January 1st as the date of the be-
ginning of the legal term of office. But
it provides for the formal declaration of
the election by the Legislature, and the
time set in later years for the meeting
of that body being subsequent to Janu-
AIRY 1st. it cannot declare the Governor
legally elected until after that date. Ac-
cordingly. the question came up as to who
has been Governor since January 1st,
Ayeock or Russell.
Both Messrs. Rountree and Simms, in
their very clear and able speeches sup
porting the bill, brought out the princi-
pie of law that where there are irrecon-
the will of the people is the one that
prevails. Therefore, that part of our
Constitution which provides for meeting
of the Legislature on the Wednesday after
the first Monday in January. and for the
formal declaration of the election at a
date thereafter. is the law that must
prevail. This, of course, fixes the day of
the inauguration as the date of the be-
~,
The opposition with great ability,
maintained that the holding over of the
previous Governor is not part of his
term of office, but only constructive ad
dition thereto. Accordingly. they held
that to increase the Governors salary at
this time was a violation of that clause
in the Constitution which says that the
compensation shall neither be increased
nor diminished during the time for which
they shall have been elected
Judge Graham's minority report, SUBJ
mitted yesterday sets forth in detail the
position touched upon. 1t is sig
nally able document. and the News and
Observer regrets its inability to print il
this morning, on account of the press OF
Inauguration matter. Tho full text, how
ever, will appear tomorrow.
There was, of course, another phase oi
the matter. whether it was right to in
crease the Governors salary or not, leav-
in gout the question of its application tc
the incoming Governor. Many members
were influenced in their vote by the ques-
tion Of expenditure at this time, when
there are so many other objects for APP
rrocriation.
THE DEBATE.
At 11:10 the bill to increase the Gov
ernor's salary, the special business of the
day, was the order. The minority report
of the special committee was submitted
by Mr.. Graham, of Granville. and read,
together with the majority report which
recommended the passage of the bill The
minority report was signed by Messrs.
Graham of Granville, and Collins, of Hay
wood.
Mr.. Hayes, of Chatham, who submitted
the report of the committee on Satur-
day opened the debate.
He said he agreed with some of
the opinions expressed on Saturday, that
the bill was not one of such vast impor-
tance, but he thought it should be passed.
so far as the constitution is concerned
Mr. Aycock is not elected Governor yet
not until tomorrow, when he will be
declared governor. The Hon. Daniel L.
Russell is governor now. In case of any
vacancy, he would make the appointment
But the Constitution in section l. article
8. says the term of the Governor begins on
Jan 1st 1t is physical impossibility fol
the Legislature to declare the Governor
elected on Jan. 1st. for the same Consti-
tuition says that the Legislature shall
meet on the Wednesday after the first
Monday IN January. The law requires
that the form of declaration be complied
with.
Now, as to the measure. In the COM
mittee there were only two questions: Did
it violate the Constitution? Was it right
! have only heard one man say that it
was not right.
mo Republican threat is going to alter
the Democratic vote on this question. We
were not sent here to be prevented by
threats from carrying out our pledges to
the people.
I'VE ought to place the governorship
within the possibility of the poor boy, and
not REQUIRE the incumbent of the office
to impoverish himself in order TO keep
up the dignity of the office"
Mr. Hayes' speech was strong plea
for the passage of the bill, and met with
hearty applause.
MAJOR GRAHAM'S SPEECH.
Mr. Graham, of Granville: This is nc
new question in North Carolina. This