Supreme Court of North Carolina, 1920

State Ex Rel. Alexander v. Pharr

State Ex Rel. Alexander v. Pharr
Supreme Court of North Carolina · Decided May 5, 1920 · Clare
103 S.E. 8; 179 N.C. 699; 1920 N.C. LEXIS 330 (South Eastern Reporter)

State Ex Rel. Alexander v. Pharr

Opinion of the Court

Per Curiam.

This Court is without jurisdiction, because the action is to try the title to a seat in the General Assembly of North Carolina, and the Constitution of the State (Art. II, sec. 22) provides “Each House (of the General Assembly) shall be judge of the qualifications and elections of its own members,” thereby withdrawing the inquiry from the consideration of the courts.

This is the construction given to a similar section of the Constitution of the United States in Britt v. Board of Canvassers, 172 N. C., 797.

Affirmed.

Clare, C. J., did not sit.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.