The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-15
THE OLD, OLD HUNT
AFTERWARDS NESTS
Commissioners Still in
Ring---Hunters Too.
A LEGAL HIGH DIVE
How Law-Reporter and His Eminent
Authority Bit at the Flash of
Spoon On the Water as Greedy
For Sensation as Club
For MinnoWs.
For Minnows.

1SlaIure, Inere nave De6n puDllS1Su
i'm a quarter seeking to bring the
General Assembly into contempt and
ridicule what purported to be two
most serious blunders of legislation,
whereby two acts meant to be were
claimed to have a general signiti-
canoe.
One of these discoveries was that
the act restricting the time OF hunt
ing in Arson County operated so as
to make it illegal to hunt anywhere
within the borders of the State for
any game bird between the goth of
November and the goth OF January
i'm each year.
This first mares nest was a bill
which had the title to restrict the
hunting of game in Lanesboro Town
ship. in Arson County.
Because the second section of the
act stated simply that it should be
named above without specifically
stating after the caption that the
clause should only apply to Lanes
boro Township, the lawyer-reporter
who made the find jumped to the con-
clusion that there was new field for
the Supreme Court to do a stunt with
another ''jug-law" decision with re-
spect to the killing of game birds
AS a matter of fact the jug-law case
went off upon quite another question
that that presented in the Arson act,
as in that case the rovisions of the
London bill making the place of de-
livery the place of sale and stating
with exactitude and certainty that 1T
should apply to any county within
the State of North Carolina, were in
serted under caption which made
IL, l,xxr alxy only To
five counties. The court held that
where there could be no doubt as to
the legal significance of the verbiage
of the body of the act, the caption
could not be held to change the
meaning of such expressed and specific
terms. In the opinion, however.
the court took occasion to say that if
the wording of the act were doubt
full, the caption could be considered
in its construction as to establishing
the meaning, this being an old and
well settled principle of law.
While there was no similarity be-
tween the two cases the paper re-
ferred to gave hop, skip and jump
and came up with q soxdologer to
sportsmen throughout the State, glad
and gloating in the chance to slap at
the Legislature which had consistent
ly downed every project for which it
had fought with any earneStness.
The 'jug-law' case is State VS.. Pat
terson in the 134th N. G. Reorts and
a reading will indicate the truth of
the above distinction to any man with
high school education, be he lawyer
or tinker.
Tho Commissioners Blunder.
The News and Observer took oc-
casion to point out these discrep-
ances generally, but without avail,
for two days later the same sheet
came up smiling with the startling
information under spread eagle head
lines that the Legislature in at
tempting to pass an act for Warren
County had repealed the entire ma
chinery for the election of County
Commissioners throughout the State.
The "lead" to this find was thus
tremblingly couched:
1.-THE startling discovery was made
yesterday that Chapter 73 of the acts
of the General Assembly of 1905 in
effect repeats the general statute for
the election of County Commissioners
and leaves the counties absolutely
without any method for choosing these
important boards, with the exception
of Warren"
And that if the Supreme Court ad-
hered strictly to the precedent lald
down in the famous decision OF the
anti-jug law of 1908 then there was
high legal authority for the state
ment that there is no legal machinery
left for electing commissioners IN
probably ALL save one, of the coun-
ties of the State. In the opinion of
able lawyers the Supreme court would
have to reverse its former decision, II
the matter is tested, in order to es-
cape this serious consequence. Inc
idea was advanced last night that II
such a state of affairs prevails an ex-
ira session of the Legislature will be
necessary, because without this ma
.chinery the government of every coun-
ty in the State will be thrown out or
gear and demoralized before the regu-
lar time for the sitting of the next
General Assembly rolls around"
There would have been a deal to
the foregoing had it not been for one
small fact that there was none of it
true. And the act itself pointed the
way to the discovery.
The title of the act was IAN act to
provide for election of county COM
missioners and justices of the peace
for the county of Warren"
And the first section, which gave
the paper its legal nightmare was as
fololWS:
'That section seven hundred and
sixteen of chapter seventeen. volume
one Of the Code of North Carolina, and
all amendments thereto be and the
same are hereby repealed, and the
following substituted in lieu thereof
viz: There shall be elected in the
county of Warren, in the State OF
North Carolina, at the general election
to be held for election of members OF
the General Assembly in the year nine
teen hundred and six, and every two
wears thereafter, by the duly qualified
electors thereof five persons to bt
chosen from the body of said county
who shall be styles the Board o.
Co,Intv commissioners of Warrer
county" -.
The act also repealed chapter 80;
of the Public Laws of 1889. contain
ed the usual general repeating CLAUSE
and was ratified on the S1st day O.
January.
old Code Not in Force.
OF course it looks big TO be repeai