The news & observer., 1901-01-15
THE SALARY BILL
PASSES THE HOUSE
Continued from Page Nine.)
lican lawyers this country has ever pro-
dnced were in Congress at that time.


dnced were in Congress at that time
MR.. SMITHS OPINION.
Mr.. Smith. of CASTOR, said he thought
that the alternative Legislature, the one
between times of gubernatorial elec-
tions, was the one to determine this mat
ter. THE question with me is whether
We ought to pass this measure for the
benefit of the incoming Governor. AS
long as there IS any doubt on the consti-
tutional matter of its affecting the new
Governor. / shall vote against it. If it
were not an open question, the bill would
not be before US today These gentle
men are for the bill because they think
it will affect the incoming Governor. My
conviction is that the bill cannot under
the constitution affect the incoming Gov
ernor.
Mr.. Smith then went on to make the
point that the holding over of the pre-
vious Governor was merely a continu-
snce for the sake of convenience of the
service of previous Governor during
the term of the next incumbent.
Mr.. sIMMS' POSITION.
Mr. Simms, of Wake: After looking into
the law and studying the matter.
am convinced this bill will apply TO the
incoming Governor. | think it too sim
pie to admit of discussion that the term
of office means the time during which
the office Is held. Article s. section ! of
the constitution saws the terms of of
fee" shall hold over until the successor
be duly qualified. If this part of the
term does not belong to Gov Russell,
what becomes of the Chief Justice he has
appointed and the other officers.
Article 8, section 8, provides that the
Governor cannot take his seat until the
Legislature formally declares him elect
ed This, taken in connection with the
section prescribing the time of meeting
of the Legislature, makes conflict.
Now l go back to the Federal Papers,
and quote from Alexander Hamilton His
opinion was that where two statutes
could not be reconciled, the last one
should be the law.
But ! have the authority of the Su-
preme Court of North Carolina. affirm
ing the same principle of law. Moreover,
every tribunal of law has held tie same
to be the fact
| reckon that the people of North Caro-
lima did not vote for Mr.. Nv2oe2 70 be
Il
could not possibly serve.
| must confess l don't see why here
has been so much discussion over this
plain point in the constitution. But very
moving appeal 10 the conscierrHs of the
members was made on Saturday, aud
| admit | was somewhat touched myae'i.
This body has nothing to do with the
application of the bill. That is for Gov.
Ayeock to decide If we pass this bill.
IL will then be for him to apply or not
for he increase, as for me i am willing
to leave the question of conscience to
the man who takes his seat tomorrow.
| am not afraid to leave question of
conscience to the judgment Of {. mar
whom the thousands of North Carolira
have voted for as Chief Executive. Mura
applause)
I think every one who has observed
Gov Russells administration will notice
that he has not received much and that
he has not travelled much. If man who
was not expected TO receive on account
OF the difference of political opinion be-
tween himslf and the people of the city
has still been obliged to go 81, 100 over
his salary for necessary expenses, how
can we expect a man who is in sympathy
with the majority of the people to live
on the same. Moreover. Gov. Russell
has no family besides his wife. nor had
Gov Jarvis. And it is not the Governor
elect who asks that this be done; it is
his political opponent who says the Gov
ernor cannot live on the present salary.
| am glad we have a poor man coming
into the office, and | do not want his
mind troubled by thoughts of the morrow.
l want the conditions such that the poor
est boy in the State can dream Of the
possibility of occupying the highest posi-
tion IN the State.
| believe in my own heart that this
measure is just and right if it were
for me to Judge upon the right or wrong
IF this matter; hut it is not q matter for
our consciences. (Applause)
SOAP, SALT, ETC.
Mr. Curtis, of Buncombe, opposed the
measure on the ground that the Governor
got a great deal more than his salary.
In looking through the Auditors report
he found expenditures for looking after
flowers, flower potts. soap, salt and va
rious other appropriations for running
the Governor"
A member asked if the gentleman
from Buncombe did not think the admin
istratiCn needed a good deal of soap.
Mr.. Curtis asked if he thought it
was a clean administration. He then went
on to say that when so many needy OBJ
jects called fer appropriations, he did
not think it right to spend the money at
this time, and he did not intend to sup
port it,
SLICK DUCKS, THESE.
Mr.. Mclean, of Scotland, representing
the "baby county" spoke in favor of the
measure. We have had five doses of the
Constitution, and | am glad it is over
And after all, one of the gentlemen says
we can't settle il here, but must leave