State Ex Rel. Caldwell v. Wilson
Supreme Court of North Carolina
AotioN in the nature of quo warranto tried before Goble, J., at November Term, 1897, of Iredell Superior Court, on complaint and answer. The complaint was as follows: “The plaintiff complains and alleges— 1st. That the relator, L. Cl Caldwell, is a citizen and tax-payer of Iredell County, North Carolina. 2nd.
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AotioN in the nature of quo warranto tried before Goble, J., at November Term, 1897, of Iredell Superior Court, on complaint and answer. The complaint was as follows: “The plaintiff complains and alleges— 1st. That the relator, L. Cl Caldwell, is a citizen and tax-payer of Iredell County, North Carolina. 2nd. That the defendant was duly elected Railroad Commissioner by the Legislature of 1893 for the term of six years from the time of his election until expiration of his term. 3rd. That, as the relator is informed and believes, on the 24th day of August, 1897, Ins Excellency Daniel L.…
1DissentFaircloth, C. J.
As I do not agree with the majority of the Court, in this case, I feel it my duty to state why I do not. I concede the right of the Legislature to abolish any office of its own creation, in which event the officer goes with the office, not upon any notion of implied notice in the acceptance, hut because the Legislature has the power to abolish. By the Act of 1891, Chapter 320, the Legislature created the office of a Railroad Commission with the powers and duties' therein enumerated, and elected the members of the Commission, the term of office being six years. That said Commission is a Court…
2Cases cited6 opinions
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Atlantic Express Co. v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- State ex rel. Railroad Commissioners v. Western Union Telegraph Co.Supreme Court of North Carolina · 1893
- Leavell v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- State Ex Rel. Vann v. PipkinSupreme Court of North Carolina · 1877
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