Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1944-01-01
School Job
Given Court
For Ruling
Daily Dispatch Bureau.
In the Sir Walter Hotel,
BY LYNN NISBET

Raleigh, Jan. 1.-The State School
Board, Governor Broughton and At
torney General Mcmillan have pass
ed the buck to the Supreme Court
III the matter of determining nuw -
go about filling the vacancy created
when Nathan Tcltou went to the
MARS.
The question posed To the States
highest tribunal is whcthcr the &C
tual office i vacant or inst the ptliC.
chair. II HCltOn - III position To- yet
leave OF absence. 50 that only the
physical office l. vacant. the Cover
nor can name an acting comptroller
10 handle the business until Ycltou
gets baCk-Ur q now regime calls .ug
new election. Ii ii is held the OIL
lice itself has been ,.1cu,Cd. inc COY
ernor cannot fill by appointment DuI
the board of education viii have t.
select some one and the governor
viii have 10 approve the selection.
The question Is more luv-rvuc.Iug
than appears on the surface. because
IL involves official responsibility in
Il constitutional Office. That's why
the supreme Court has been asked
Ion an advisory opinion as 20 what
procedure l. follow. Waurvlrr the
cota, holds i'm this case VIII uilCc,
the status OF Tho suCriii~ office To-.
AlamanCr, the Clvrk OF court in Mao
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counties
Their. f.. ,r,.n,,.rd ,l-, ~. .-.,,., ...
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constitutes .r .,,f.,., IN .l,, ,,,,-.....,,.
Of The ,f.,r,. constitution ia, ',..,
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uIruD, General T9,-,,. {; NT,r,,r RI,
conditions me, WOW, ,Ir,rs. n,..,r.l,.
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He wDn,rd IN ac,..r, Inn, ,,..,,,.I. -
retain his Do.fiinr -, 9(Ji,,,|,,, ,,,,,.
cr.I. Guvernor y1nrc wH"," o.,
Justice Richmond Pearson 1.I,ino 'Er.
an aG,isnr,. n,,iri,,, he. .L., .,,,,S,,,,,,,
court. >''''
Chef Justice Pearson and Assn
ciate Justices viii y Ra.,In, and ~
I. Manly the curut .hnn ba,.,ng mr.,
three Judges, all signed the on,ninn
that the office of brfpad,ar ,r,rrr,I j.,
the Confederate 1rTry ,.1s inror'-
parable with the offjc. nj ,di,I,ar,
general for the state of North Caro-
lima. and that acceptance of the army
commission vacated the stare office.
and the governor had the riabt IN |
appoint an ,,.iutant.
That opinion was given not ..hv
the court but bv ali the u,s,icc.
comprising the court, which is 4 dis
tinction without a difference. I: tho
case had ever come formally before .
the court the justices would not h,,, .
been legally bound bv their advisory
opinion. but almost certainly voliId f,
not have reversed thcusclyc, with
in that brief time.
The constitution under which the !
c-.r, ,,,,,. T,.,.,s-,,- $1,000.