The Wilmington morning star., 1940-02-03
TRIBUNAL UPHOLDS
FOUR-YEAR TERMS
FOR N. {. SHERIFFS
Continued From Page One)

.ortain residential districts shall be
syclusively for white persons, and
+bat other residential districts shall
he exclusively for negroes.
The court decided 81 cases, vir-
+uaIlv clearing it's fall-term dock
n ONLY four cases-Barnes VS..
wilson, Wilson county; Keen VS..
Parker, Johnston county; Blassin-
came VS.. Asbestos company, Neck
1enhurs county; and Lumber COM
nanv VS.. Edwards, Durham county
were held over for the spring
term, which will start Monday.
Opinions next will be handed
down February %.
In the sheriff-coroner case, the
court held specifically that a con-
stitutional amendment increasing
terms of office of the officials from
two to four years applied to sher-
ifs and coroners elected in 1888.
The decision reversed a finding
Of Superior Court Judge Leo Carr,
who ruled that the Alamance coun-
" board of elections should allow
an election this year for sheriff of
that county.
In. oral arguments before the SUI
nreme Govt, some attorneys had
asserted that the amendment did
not apply to sheriffs and coroners
elected in 1888, since the refer
endum vote on the amendment and
the election of the county officials
we're held on the same day.
Ratification Upheld
The court, however, held that the
amendment had been ratified and
was a part of the state constitution
on the date that county officers
assumed their duties-the first
Monday in December, 1888. The
opinion was written by Associate
Justice ]. Wallace Winborne.
Political sources here appeared
divided as to the probable effect
Of the courts action on the total
vote to be cast in the primaries
and general election this year.
Some sources said that, since
coroners and sheriffs would have
no contests, the total vote would
be much smaller than usual. Others
said the statewide vote might be
larger, since the county officials
would spend more time campaign
ing for persons running for state
jobs.
The opinion invalidating the dry
cleaners regulatory commission was
written by Associate Justice A. A.
F. Seawell, and reversed the con-
viction in Vance county of J. P.
Harris, who operated a dry clean
ing establishment without obtain
ing a license from the dry clean
ers commission.
There are SO many regulatory
boards in the state, Seawell wrote,
that they are %effecting progressive
ly and Importantly the social and
economic life the stage Of in
lefnal protest has been reached"
Discriminatory
Inc act creating the commission,
ne continued, is unconstitutional be-
cause it is discriminatory, it dele
gales legislative functions to the COM
mission, and it attempts to ex-
cuoe' from an ordinarily harmless
grounds etaofb
occupation, upon insufficient grounds
uaose who are entitled under the
constitutional guarantees to engage
Ill II, and thereby creates a mono
poly"
The court divided evenly, three
~ Three, with Seawell not sitting,
III us second decision affirming the
TAX on out-of- state goods displayed
- North Carolina. The suit was
nlought by Best and company, of
ave" York against Revenue Com
missioner A. j. Maxwell.
associate Justice M. V. Barnhill
wrote the opinion to the libel action