The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-30
.RODWELL W|NSOUT
.tAStGAzEN
Clerks of the Court EIeC-
ted by People.
Famous Case in Which Judge PEBBLES
Figured in the Appointment Of Mr..
Rowland as Warren COuriy's
Clerk Decided.

The famous case of State on the
relation of James X Rodwell VS.. Oil
yer l.. Rowland, in which the office
of the Clerk of .he Court or Warren
county was involved. was decided yes
terday by the Supreme Court in favor
of the appellant, RouWe!l the Clerk
who was elected by the people as
against the appellee Rowland, who
was the appointee Of Judge PEBBLES.
The case was sensational in that in
making the appointment of Rowland,
Judge PEBBLES charged the appellant
Rodwel with having been a defaulter
While sheriff of Warren county, the
question of the clerkship and the
causes assigned by Judge PEBBLES for
refusing the candidacy of Mr.. RodWeil.
who was the choice of the Democratic
Executive Committee having caused a
great deal of comment in tho press
and among the people of the State.
Mr.. Rodwell, replying to the charge
that he had been guilty of en1beGZle-
ment, showed that there was no foun-
dation for that statement aud the
Democratic convention nominated and
the people elected him to the office
at the election following in November
the appointment of Mr.. Rowland by
Judge PEBBLES
TIE question at issue in the supreme
{ mt was vi ,ther ul ''.r tke phla. g
OF The law that in cases of u vIca 1t"
~, ~ l:.r - = 4 appoint e. rs i t:c
Sune".,r !. To fill the vacancy until
an election can be regularly held APP
SLED 20 the next election fol- 0mng he
appointment or to the next election
at which the clerk would have been
elected had the vacancy not occurred.
Judge PEBBLES made his appointment
of Mr. Rowland Ito fill the unexpired
term" of Mr.. White, the former clerk,
who resigned on account of i'll health.
Mr.. Rodwell was nominated and elect
ed soon after and, Mr.. Rowland hay
ing refused the possession of the Of
flee, the case was heard in an action
in the nature of quo warranto 10 Try
the title to the office. The court be-
low held in favor of Mr.. Rowland and
Mr. Rodwell appealed.
The Supreme court, in short, con-
strues the clause of the constitution
making certain appointive Offices hold
only to the next general election to
apply to clerks of the court as we'll as
Supreme Court Justices and other Off
GERS.
From the decision of the court
Judge Brown disSents, basing his argu-
ment on the old decision of Cloud VS..
Wilson, which was an action affecting
the title to q judgeship. and in which
the matters at issue were more or less
fully set forth.
In It's decision, the supreme court
states that it does not overrule Cloud
VS.. Wilson, but distinguishes it from
the case at bar on constitutional
grounds, as amended by the convention
of 1875, which revised the constitution
of 1868.
With the passing of Rodman We,
Rowland, the last vestige of the time
honored principles of the famous Hoke
VS.. Henderson vanish into thin air. The
North Carolina courts held fast to the
idea of property in office after almost
all other courts had deserted the
theory, it being only two years ago
that the famous old case was aDan-
doned as a precedent and pat to the
final axe Of judicial determination.