The Wilmington morning star., 1940-04-11
TRIBUNAL UPHOLDS
N, E. HOUSING ACT
Continued from Page One|

mentioned in the act the legislative
or judicial function, is discrimina-
tory in it's character and seeks to
~foreclose substantial rights by deny
ing the right of trial by jury and Of
appeal"
Judge f. Hunt Parker, sitting in
chambers at Clinton last February,
dissolved a temporary injunction
granted the plaintiffs. The cas- now
must go before the first term of su-
perior court in Lenoir county for
formal dismissal.
In an opinion by Associated
Justice A. A. F. Seawell, the court
held to be without merit" tn e
plaintiffs contention that a NUM-
cipal corporation is prevented from
acquiring property for public gov
ernmental purpose merely because
it would be retired from the tax
books.
e.. this court has nothing to do
with the propriety of an economic
experiment" Seawell wrote. 1T
seems to us clear, however, that a
definite relation has been establish
ed between the prevalence of crime,
often the result of human misery
and neglect, and conditions which it
is the purpose of this legislation to
remove. The municipal government,
where such conditions prevail, is
sufficiently interested in these mat
tiers to vindicate the propriety of the
powers and duties conferred upon
the governing body with respect to
the investigation of these conditions
and the creation of the authority
under the procedure laid down in
the law"
At another point he said, at is
we'll understood that while the legis-
"lature may not delegate its powers
to make laws, it can delegate the
power to determine some fact or
state of things on which the law
may depend"
In one of II other opinions, the
court ruled that a municipality was
not liable for the wrongful act of its
officers or agents when acting in
the exercise of police power, or
judicial, discretionary, or legislative
authority, conferred by its charter
or by statute, and when discharging
a duty imposed solely for the public
benefit"
Charles C. Parks had sued the
Town of Princeton, Policeman Bot
Rains and Deputies Wilbur F. Bar.
bour and David Olive for injuries al
legedly suffered when he was jailed
after having been found intoxicated
and "quiet and apparently asleep
on a sidewalk. He alleged the jail
was unsafe and hat he was severe
ly burned when a highly inflam'
mable'' pad and blanket caught fire
In the only state case decided, the
court found no error in the convic.
ton of Ransom Kiziah and Troy
Kiziak of assault upon a female the
lNO "CtC liuICISu Ill Sdlu"Sll COuIl
ty on a bill charging them with the
rape of Elizabeth Holman. The
solicitor announced in open court
however, that he would ask a yer
dict of guilty of assault with intent
to commit rape, and the defendants
were convicted of assault upon
female.
The court also held constitutional
against the States Workmen's Com
%pensation Act, which was under at
tack because it allegedly destroyed
the right of trial by jury. This
challenge has been fully considered
and denied in previous decisions 0,
this court" Associate Justice Win
borne wrote.
The opinion in the case upheld E
dismissal of a suit brought by H. J
McCune against Rhodes-Rhynt
Manufacturing company in Lincoln
county superior court. The supreme
court held that the state industrial
commission had jurisdiction.
McCune alleged that he was
abusively fired and elected by thu
lcompanys agent, d. A. Hoy]e
against whom McCune also asked
damages.
I Inc Plaintiff took a voluntary