Legal Opinion · Dissent

Efird v. Board of Commissioners

Supreme Court of North Carolina

Decided January 31, 1941Published

1DissentSea well, J.

In my judgment, the Legislature was without constitutional power to delegate to tbe board of commissioners of Forsytb County tbe unqualified right “to abolish or temporarily suspend” tbe Forsytb County Court.

1. Under our system, tbe creation and establishment of courts has *108been considered a legislative function, controlled, of course, by appropriate constitutional restrictions. I think the abolishment or suspension of a court is strictly a legislative function, involving a nondelegable power.

It is true that under a general law, and if not restricted by the Constitution, no doubt, under a…

2Cases cited5 opinions

  1. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  2. Brown v. City of Arkansas CitySupreme Court of Kansas · 1932
  3. State ex rel. Smith v. SmithSupreme Court of Kansas · 1930
  4. Albertson v. AlbertsonSupreme Court of North Carolina · 1935
  5. Albertson v. . AlbertsonSupreme Court of North Carolina · 1935

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