State Ex Rel. Attorney-General v. Knight
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at March Term, 1915, of Binsr-COMBE. This is an action instituted by tbe State upon tbe relation of tbe Attorney-General against tbe defendant, a married woman, to inquire into and test ber right to bold tbe position of notary public under chapter 12 of tbe Public Laws of 1915, which provides: “That tbe Governor is hereby authorized to appoint women as well as men to be notaries public, and this position shall be deemed a place of trust and…
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Appeal by plaintiff from Webb, J., at March Term, 1915, of Binsr-COMBE. This is an action instituted by tbe State upon tbe relation of tbe Attorney-General against tbe defendant, a married woman, to inquire into and test ber right to bold tbe position of notary public under chapter 12 of tbe Public Laws of 1915, which provides: “That tbe Governor is hereby authorized to appoint women as well as men to be notaries public, and this position shall be deemed a place of trust and profit, and not an office.” There was a judgment in favor of tbe defendant, and tbe State appealed.
1Opinion of the CourtAlleN, J.
There are five questions directly or indirectly involved in this appeal:
1. Is a woman voter in North Carolina?
2. If not a voter, is she eligible to office?
3. Is tbe position of notary public a public office?
4. If an office, can tbe General Assembly affect its character by calling it a “place of trust and profit,” without changing its functions ?
5. Has this Court the power to say that the General Assembly has exceeded its authority, and that the act passed by it is unconstitutional ?
The right to hold the position of notary public is of slight moment to the women of the State or to the public,…
2Cases cited38 opinions
- Minor v. HappersettSupreme Court of the United States · 1875
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- The People of N.C. Ex Rel . Van Bokkelen v. . CanadaySupreme Court of North Carolina · 1875
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