The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-29
IS DEPUTY SHERIFF
A PUBLIC OFF|CER2
Can Separk and Croker be
Aldermen Too?
LAW ON THE SUBJECT
How the Supreme Court Decided a Similar Case
in Raleigh Twenty Years Ago, in
The Case Of Doyle and
Ellison.

Can a man be a Deputy Sheriff and an
Alderman at the same time?
A News and Observer reporter heard
that question discussed pro and con sew
eral times yesterday while he was ex-
changing notes about Fridays primary.
What brought it up was the fact that
Charles A. Separk and II. H. Croker.
both Deputy Sheriffs, were nominated by
the primary. Some held that Deputy
Sheriff was not public office, others
that it was.
The reporter betook himself to law
yer of prominence and stated the ques-
ton. and asked which side was right,
was a Deputy Sheriff public officer or
not?
The lawyer, after little consideration,
said.
In practically all States it has been
held that Deputy Sheriff is a public
officer, where the appointment is pro-
yided for by law which fixes the powers
and duties of such deputies; but where
the deputy is appointed merely at the
Will and pleasure of his principal to
serve some purpose of the latter, he IS
not a public officer, but a mere servant
or agent.
1T does not appear that the law in
North Carolina provides anywhere specif-
icaIly for the appointment of Deputy
Sheriffs. -
Then Mr.. Lawyer looked up the North
Carolina law about public officers, and
discovered that something similar to this
happened in Raleigh twenty years ago. g.
In 1883 James Doyle and Stewart Elli-
son were elected to the Board of Alder
men. Both held positions under the
Treasury Department of the United
States. Doyle being night Waterman
in the postoffce building.
The Board of Aldermen, by resolution.
declared they could not serve, and Doyle
and Ellison appealed to the Supreme
Court The case was found in the S9th
North Carolina Reports, p s33.
Chief Justice Smith, in his decision,
o,fotes the State Constitution as fol-
lows. mo person, who shall hold any
office or place of trust or profit under
the United States, or any department
thereof. or under this State, or under
anv other State or Government, shall
hold or exercise any other Office or
place of trust or profit under the au-
thority of this State. or be eligible to
a scat in either House of the General
Assembly: Provided, that nothing herein
contained shall extend to officers in the
Militia. Justices of the Peace, Commits
sioners of Public Charities, or Commits
sioners for special purposes.
The Chief Justice then says
ct is apparent from the association
that places of trust or profit are in
tended. which approximate 70, but are
rot offices, and yet occupy the same gen
eral level and dignity and importance
The manifest intent is to prevent double
office-holding-that offices and places OF
puhlic trust should not accumulate IN
a single person, and the super addeo
words of places of trust or profit were
nut there to avoid evasion in giving
too technical a meaning to the preced-
ing word
In Doyles case the question involved
was whether night Waterman OF the
postofnce building in the city OF Ralelgr
was a public office or holding place
of trust or profit. The court held ne
was not, because he was employed III
specific service, having none OF the at
tributes to raise it to the dignity OF
the constitutional disqualification
-
A prominent citizen of Raleigh san
last night that one office was enough 10
any man. Governor Aycock recently re
fused to appoint man on the Board
Agriculture because he was Count
Commissioner, and surely Deputy Sherlf
is as much public office as County Com
missioner. If Mr. Croker and Mr.. sc
park wish to be Aldermen, they mus
arisen as DenutY Sheriffs.