Harriss v. Wright
Harriss v. Wright
Opinion of the Court
The three cases of Harriss v. Wright and others were, by consent, consolidated and tried as one case. Before this controversy arose, Harriss and others were the Mayor and Board of Aldermen in office; and they insist that they are the rightful owners of their offices, holding over on the ground that there has been no valid appointment or election of any successors. The defendant, AVright, claims the office of Mayor of the city of AATlmington by virtue of the Governor’s appointment under the authority of the Act of Assembly of 1897, Chapter 150, ratified March 5, 1897. The defendants, Taylor and Green, severally, with their respective Boards of Aldermen, claim said offices bj7-reason of certain elections held for the said city government. As defendant AYright admits .that he has no right to said office unless said Act of Assembly is valid, we will direct our attention first to his contention.
Under our system, it is said that sovereign power resides with the people; and this is true, so far as sovereignty can exist in human affairs. In England we understand that Parliament is the sovereign power of the country. In this
The Act of 1897, Chapter 150, to amend the charter of the city of Wilmington, provides “that there shall be elected by the qualified voters of each ward one Alderman only, and there shall be appointed by the Governor one Alderman for each ward, and the Board of Aldermen thus constituted shall elect a Mayor according to laws declared to be'in force by this Act,” and repeals all laws in conflict with this Act. Is that Act constitutional or void? That is the pivotal point in this contention. It seems not to be denied that under Article 7, Section 14, the Legislature may not only “modify, change or abrogate” all the enumerated Sections of said Article, but may “substitute others in their place;” but it is argued that the Act of 1897, Chapter 150, assumes more power than is authorized by Article 7, Section 14. How it exceeds the authority, is not clearly pointed out. There is no limitation on the power in said Section 14, and we have found none elsewhere in the constitution. Constitutions are general in their provisions, and clo not enter into details. Certainly, ours has not done so in this instance. It is urged, however, that the exercise of the power now claimed under the Act would infringe upon general principles of law, and would deprive the people, in this particular respect, of the power of local self-government. A brief answer would seem to be, “Lex ita scripta est.” What kind of substitute could
Much of the learning with which we were entertained on the argument refers to the law prior to, and unlike, Article 7, Section 14. Some of the briefs filed draw in question the power of the Legislature to delegate its authority in the premises to the Governor, as is done in the Act we have discussed. This cannot now be seriously disputed in North Carolina. AVe refer to one case which fully sets that matter at rest, and which has been followed uniformly in other cases and to the same effect. Thompson v. Floyd, 47 N. C., 313. The Legislature, when not prohibited, acts through agents, — either individuals or corporate bodies. Practically, it could not well discharge its duty without such agencies.
Our opinion is that defendant AVright, and his Board of Aldermen are the rightful owners of the offices in the city government now occupied by them.
Reversed.
Concurring Opinion
(concurring): I concur in the result, but not in some of the views expressed in the opinion. Under the amended constitution of 1875, the Legislature felt empowered to elect the magistrates for each county, and to intrust them with the duty of electing the County Commissioners, and this was acted on for nearly two decades. It follows that they might have intrusted to such magistrates the duty of choosing Town Commissioners as well as County Commissioners, or have selected and empowered the Governor, or other agency, instead of the magistrates, to appoint the Commissioners of Towns and Counties. This is a broad duty to be intrusted to the Legislature, yet the constitution of 1875 clearly gave the Legislature unrestricted powers in such matters. I am, therefore, of opinion that the Act empowering the Governor to appoint a portion of the Town
Concurring Opinion
(concurring): I concur in the opinion of the Court- that the defendants are entitled to hold the offices they are now in the possession of. In this forum, however, I do not wish to be considered as passing any criticism either upon the action of the convention of 1875, or that of the General Assembly of 1897, in its enactment of the law which has been considered by the Court in this case.
Reference
- Full Case Name
- W. N. HARRISS v. S. P. WRIGHT
- Cited By
- 14 cases
- Status
- Published