The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-04-30

Of the said order and not
otherwise. If the court holds
the said order to be proper and
law ful and that the same should
be paid by this defendant out Of
the public funds of the county OF
Roheson, the same will be
promptly paid and all the orders
OF the court carried out" When
the cause came on for hearing
before the Judge, upon the plain
tiff's motion for a mandamus and |
the defendants motion to dis
miss the action, he made the fol
lowing order: This cause com
ing on to be heard and being
heard upon the written motions
of defendant filed, and the plead
ings and affidavits, the motion
IF defendant to dismiss the ac-
tion denied. But the motion
to transfer the cause at cham
bers to the Sperior Court i'll term
is allowed; when and where the
defendant will appear and show
cause why peremptory manda
mus shall not issue compelling
the defendant to make payment
of plaintiffs claim set out in the
complaint
The plaintiff excepted and ap-
pealed.
Morrison & Whitlock for plain
tiff.
Mcintyre, Lawrence & Proc
tor for defendant.
Walker, ]. latter stating the
case The first question to be
considered is the one raised in
| the defendants answer, that the
Act of 1907 creating a board of
audit and finance, is in violation
OF Art, Z, Sec. 2 of the constitu
ton which provides that the
county commissioners shall have
general supervision and control
of the finances of the county,
as may be prescribed by law
It is, therefore, insisted that the
Legislature had no power to au
thOrize the payment of money by
the county treasurer to any ont
except upon the order of the
com missioners. The answer tx
this contention is that the su
pervisiOn and control Of the com
missiOners must, by the express:
terms of Sec 2, Art. Z, be exer
; cised as may be prescribed b,
law," and Sec. IA of the same Ar
ticle provides, that The Gener
al Assemb bly, shall have full powe
by statute to modify, change O
abrogate any and all of the pro
visions of this Article, and sub
stitute others in their place, ex
cept sections seven, nine ant
: thirteen. Section IA has re
Gently been construed in SmitI
D v. School Trustees, 141 N. G. a
+ D. 157, in which Justice Hoke
e for the Court, says: The lar
/ guage of section IA is very broa
/ in it's scope and terms, and tn
Supreme Court in cOnstruin
Il the section has declared that
Z is not necessary to effect change
y in municipal government that a
l. act for the purpose should b
- general in it's operation or that
q should, in terms, abrogate on
t. article or substitute another
F. it's stead, but that an act of tn
IF General Assembly making sue
y change, and local in it's operation
IL must be given effect under th:
5 amendment if otherwise valit
LII After declaring this as a prime
De pie of construction, the court,
l. Harris V. Wright 12l n. G. L
u further holds as follows: In 16'
D. d constitutional cOnventiC
G. amended Article VII III the!
ID words: THE General Asseu
L bly, shall have full power by sta
Il ute to modify. change or abr
r gate any and a the provi
&C ions of this article and substitu
III others in their place except Sc
" tions Z, 9 and 13" Thus W
1e placed at the will and discreti
as of the Assembly, the polite
I'D branch of the State governmel
I'D he election of court officers, t
ne duty of county commissione1
De the division of counties into d
OF tricts, the corporate power
as districts and townships, the Ell
OF Observation-Disclosures the asse
lea ment Of taxable property the {
me ing of money from the county
ice township treasury, the entry
ol officers on duty. the appointme
OGU of justices of the peace and
SOD charters, ordinances and pro-