The People of N.C. Ex Rel . Van Bokkelen v. . Canaday

198 IN THE SUPREME COURT. People et al.

The Bokkelen al. v. Canadat of N. C. reí. Van the re CAROLINA, upon THE PEOPLE of the of NORTH STATE v. lation of H. and others WILLIAM ADRIAN BOKKELEN VAN P. CANADAY others. of parcels are towns, townships, parts

Cities like counties and local State, self-government; for the convenience of organized same, wit, citizenship, of are the qualifications voters State, and twenty-one months residence in the years age, of twelve thirty days city in the or town. of Assembly any way change qualifications General cannot elections, Hence,so county, city voters in or town State, township, rati- city Wilmington, of

much of the act the charter of the amending ninety 1875, a residence of day February, requires fled on the 3d of . consequently thirty, instead of is unconstitutional void. city The 8th section act the charter of amending of the Wil 1875, February, providing for the mington, day ratified the 3d voters, the different wards registration of directs division, large portion should be divided into in this precincts; register and cannot precinct, the third ward :'Snot included in act, said on the second Thurs Held, vote: that the election had under day March, 1875, void. was therefore voter, challenged, prove by much of said Act as requires when So credibility, other known to that the voter of law- them, ninety days ful in the age, has resided twelve months State lot, registration in the ward specified the block and vote, and book, is a practical register denial of the void. wards, and second with of said act as to each the first gives much So aldermen, and each, a of three third representative 400 of three 2,800 votes, representative aldermen, with also a like ward Constitution, and is the fundamental of our void. principles violates 475, and Perry Whitaker, Rep. v. Jacobs Small (The cases N. C. wood, Rep. 112, cited and approved.) C.N. Kerr, J., Term, 1875, tried before at Spring agkeed,

Case HaNoyee Court. Superior New was submitted for the decision Court The ease : the follow facts agreed under first A. D.

That May, on Monday 20th of Decern- the General ratified the day Assembly, act TEEM, 1875. et al. ex reí. of N. C. An Concerning City entitled Act ber, A. D. Eishblate, H. Moore, S. Adrian, Eoger Alrich Wilmington,” L. E. Canaday, Rice, defendants W. P. Jacob Wise, Hawkins and Hiram Banks, H. Henry W. Holmes, Duncan of the of Wil- City Aldermen were elected duly Brewington entered upon thereafter and duties immediately mington, Jacob Wise 1873, the 15th of July, said On day office. was Isaac B. elected and Grainger by his said office resigned On 2d of to fill the vacancy. day Aldermen the Board of his office, John October, resigned said 1874, Grainger .the theOn 10th vacancy. to fill the W. was elected Atkinson S. H. Adrian, Fishblate, Alrich the said March, of day their offices, all Atkinson resigned W. Moore John Roger Neff, H. J. defendants, Oassiday, Joseph Jesse other the said G. Bates were, by M. Gardner and'Benjamin Thomas of by resignation to fill the vacancies caused Board elected entered duties upon and immediately aforesaid, the parties their offices. of ratified the 3rd of Assembly, day an act of General By “ Act An relating City entitled

November, D.A. that the election for aldermen was directed it of Wilmington,” “ on the which now biennially held be said should of city law for the election of by be, are, appointed hereafter said It of was city. for township Trustees the Board of “ who bemay act, said further provided — first on of of said day city as and Aldermen office Mayor 1st next, May on (that say, M..,, shall ..874,) continue office until their successors shall be at the elected, next election herein regular provided, until such suc- * cessors shall be duly qualified.

At the time of the of ratification the said the next act, reg- ular election for the Board of Trustees for the township .said was city law be held on appointed by the first Thursday 1875. August, an act of the General By ratified the 3rd Assembly day “ A. D. February, 1875, entitled an act to amend the charter IN THE COURT. 8UPREME ex rel. al. v. Canadat

Íhe N. C. Yan said that the city was enacted the city Wilmington,” described be divided into three wards therein should should bounded, city that the corporate powers granted nine mem- Board of Aldermen consist exercised an election elected three each bers, ward, the second Aldermen of said should held on nine at the first March, 1815. elected Aldermen Thursday held under the said act shall enter discharge Board when the term of duties, their office present shall and shall hold law, of Aldermen expire by operation until offices the first Thursday April, their was held to the terms and pro- An election duly according said at A. H. act, relators, which election the Yan visions in F. W. and the first DeRosset, Kerchner W. L. Bokkelen, W. L. in L. IT. Bowden and S. W. Yick the Smith, ward, I). and ward, Love, T. W. and D. J. Malm W. Player second ward, received a all the votes the third of cast; majority in the of the said act were with, all and provisions duly complied of election for the the several wards udges publicly j proclaimed of the and in tbe result certified voting, writing according of the the said act were elected provisions they duly «the said Aldermen of for the city several as wards aforesaid, and filed of the said copies certificates with the Clerk of the and the same the of the city, published as newspapers the of the provisions act. required Aldermen The above named and duly qualified taking before a of the Peace, Justice subscribing of prescribed Hanover oath New the said and act, since said election and qualification relators, the defen- dants continued to exercise the duties of said office, have withheld and continue to and withhold from the relators of said offices Aldermen of the city. of All acts the General ‘hereinbefore referred Assembly are declared to be to, of all part this case for intents and as if were herein set forth. fully purposes, The whole number male citizens of the persons, United TERM, el dl. el al. Canada's: rel. The of N. C. inhabitants of old States, being twenty-one years upwards, is about said as estimated the basis of elections city, past hundred are hundred, of about whom thirty-six twenty-two such per- number of and the remainder white. The colored, ward, hundred ninety-seven, sons the first is about three white, are of whom two hundred about ninety-one remainder colored. is about

The second ward number such persons hundred three about two hundred whom sixty, whole colored. are white and the remainder eighty-one twenty- about number the third ward hundred are white about hundred, whom eight eight the remainder colored. the real assessed valuation of estate city Wil. wards is wit: In the follows, as to several

mington first ward and in third the second $950,000, $1,180,000 $2,000,000. about March, 1875,

At the held the 11th votes on day first number of were cast as follows: In the whole ward in the ward votes cast was one hundred second sixty, whole was hundred and number votes cast one ninety-three, third ward whole number of votes cast was three hundred. The defendants did not in said election participate on or a contrary nor its but part recognize validity, they, and counseled the them, advised people recognize election. of the within the limits,

That territory portion corporate river, third ward, on the west side of the is map designated in not embraced for registration precincts provided in but the third 3rd, 1875, in the act of Feb. included ward, out in said act. as set of the last General notice

Prior was meeting Assembly Journal,” for “ thirty by publication Daily given which cir- city Wilmington, newspaper published of New Hanover. culates was following form of said to-wit: notice, IN THE SUPREME COURT. o£ N. reí. will made the next General Application Assembly

North Carolina to amend the charter of the city Wilmington, and for other purposes.”

A considerable of the third ward unim- consists of portion lots, uninhabited on the proved outskirts of the city. facts it is submitted to Upon the Court to foregoing de- termine the following questions:

1. Whether the relators are now entitled to plaintiff said of aldermen of the said offices city. 2. If not entitled now will be so entitled from and after the first next, Thursday August being day appointed by law for the next election for the Board of Trustees for holding of said township city.

And it is that if the Court shall agreed opinion affirmative either of the said two questions, judgment- that, shall be rendered the defendants be ousted from the said and that thr offices alators be put thereof. possession ¡ His Honor in favor of the relators of the ga’ judgment that the defendants be ousted from the plaintiff, possession said offices and the relators be &c. Erom put possession, this the defendants judgment appealed.

Bussell, Fowle, c6 Bailey, Shipp Badger Haugliton, submitted. appellants,

CAN THE LEGISLATURE THE CHANGE CONSTITUTIONAL ELECTORAL

QUALIFICATION ? That the General has no such Assembly so manifest that it is should ever have surprising question been raised. Yet authorities are abundam. Farr, 24th Ark.,

Bison v. 161; Wisconsin v. Williams, Wisconsin, 5th St. TJ. 308; & G. B. B. v.Go. Bu- Joseph 89th Missouri, 585 county, ; chanan Davies v 5th McKerby, Nevada, ; v. McGlafferty Penn., ; 59th Guyer, Page Penn., 58th St. Allen, 347; R., 338, Thomas v. 1st Ewing, 103. But is, Brewst. has the under- question Assembly TEEM, 203 ex et rel. Van Bokkelen The Peoble N. C.

taken to ? the constitutional This carries change qualification us to the : question

DOBS TUB POWBR TO SELECT RESIDE THE MUNICIPAL OFFICERS IN

VOTERS OF THE QUALIFIED CORPORATION ACCORDING TO ARTICLE 1 SECTION ? VI,

The art. power appointments by expressly to the prohibited General Assembly. Assembly General cannot exercise this inor ease whether power any shape, the office be created statute. Clark v. 66 N. C. Stanly, Says rel ex et al. v. Nichols McKee Judge, People Reade, al., Constitution, whole without reading any hyper- it is

criticism, plain, such officers are not elected by at people most of them are elected—are to polls so —and immediate appointed by officersof Governor, except each branch and the immediate officers of Legislature Court.” Supreme to the line of

According settled established this doctrines cases, v. 66 rel. v. Clark N. ex. Nichols C.; Stanly, People 68 N. ex. McKee, C.; Bledsoe, C.; rel. Walker v. N. People rel. v. Johnson, 68 N. ex. rel. People C.; Badger v. 68 N. ex. rel. Rogers McGowan, C.; North Carolina How- Tate, erton is in C., Governor, N. power Either view is for the defendants sufficient people. this action. cannot do indirection what cannot they

do cannot directly. They delegate power appointment. But not be that if the constitu- they it will denied change does, as this act there is no limit to their tional qualification, their woman discretion or will. establish They may suffrage, educational elect class to whom qualification, officers or select the officers commit power electing All must themselves. this be conceded Legislative if the claim of is admitted. There no mid- plaintiffs IN THE SUPREME COURT. People of ex et rel. Van al. v. Canada* al. Bokkelen

The N. C. die The is the Governor, the ground. power Legislature the Plaintiffs’ case on sustained people. principle of save the the absolute over sovereignty munici- Legislature and the absence of all pal corporations, organic restraints ex. its pressed will. And implied upon supreme this power is to derived the well sought by invoking settled principle that, to create involves the the to power power and destroy, the creature of municipal corporations being the Legisla- ture to its are; subject general, This authority. is not de. we our nied. But submit that Constitution restricts this gen. eral the of matter power selecting municipal and officers; that is to decided. the The question of power Legislative “ is derived to be from Art. appointment 8, Sec. : sought The shall for the Legislature organization of provide cities and towns.” Does this of with it power grant carry to authority reverse the whole order of as established things the by Con- stitution, make to the the Legislature of depository the ap- and against power general pointing policy express inhibi- to tions of the and instrument, deprive people cities and towns local Or does it mean self-government? simply that the shall what says, Legislature organize cities, acts ordinary perform necessary legislation, offices, salaries, fix the create duties of prescribe officers, divisions, into lay proper off generally prescribe rules and regulations municipal Mark government? “ The shall the connection: “ Legislature provide,” &c., and of taxation, assessments, restrict power borrowing money, their debts loaning that the contracting showing credits” — draftsman was for the provide idea of the establishment, these local creation supervision governments without that he was with the ever other supposing interfering parts fix appointment officers, the Constitution or by leave their irresistible implication reserved This is people. precisely analogous point rights ex. rel. Wellter N. C. People Bledsoe, decided There that, was made as the the argument conferred TERM, 1875. v, él al. reí. Nl The for the conduct” of on tbe provide power this carried directors appointing State’s prison, held this was Court. contrary prison. as above. stated the distinction Court that the Art. clause, it is YL,

But sec. objected suffrage to State This county elections. is . applies objection the Constitution itself. answered That this clause plainly and universal electoral establishes qualification, general ap- towns, cities, to townships, other muni- villages plying less than divisions county, shown conclusively cipal Art. YII. Of course 5 and sec. 7 of the residence qualifi- for a election is when the or cation, township city, applies only in the residents or to actual township city. qualified the cannot vote in the of county election city more into than can outside of their township, go own, and election. Whether at the vote in township thirty be construed to the same county require domicil length or or whether the city, residence township the State for the twelve and months one respectively, residence or on actual township of election day a full it is not suffrage constitute material qualification, here to Will it said that be voters” in “qualified inquire. 7, sec. YII, mean such as the Art. Legislature may declare to ? If then the so, be section furnishes qualified no guarantee the evils to which it was remedy against intended; because it will be for the to exclude those who are op- the debt and leave it to be voted contracting on posed its But the same advocates! claim promoters bemay set up the same reference to the with propriety township clause, Art. YII. Yet who doubts that sec. 5, “qualified voters” thus refer clause, mentioned dir'ectly suffrage 1, Art. YI? are too to be Some things plain argued. THE

DOES UNCONSTITUTIONALTIY OE THE ACT VITIATE THE ELEC- ?

TION is well The rule settled mere irregularities the poll IN THE SUPREME COURT. People N. C. reí. Van Bokkelen at. v. aJ. occasioned failure of election observe Judges directory clauses of the do statute, aifect the election. validity

It is conceded that the votes equally reception illegal votes does not rejection qualified poll. se vitiate the To per have this it effect that it should ordinarily necessary appear unlawful such votes received or such lawful votes rejected would have the result. But when canvass changed return the Court sees that lawful whole votes been or unlawful votes an received such extent as to rejected over the result throw a cloud and to make an accurate canvass must set aside. impossible, poll ThompsoN Ewing, In v. Judge language Thompson “ when the conduct of Brewst., officers fraud be not actual amounts such apparent) gross (though such of their officialduties disregard negligence, culpable as to render their of cre- unintelligible doings unworthy of their and the result all dence action unreliable” —in is void'. It was said in cases the election Coole, ballots should the N. or the Y., partially destroyed so as to render crammed it boxes be ascer- partly impossible tain number of whole ballots, should genuine rejected. case So Scranton election, leading Borough Bright. it is said : Cases, 455, Lead. If appear erroneous did rule was adopted,which voters from improperly keep legal which or from prevented their voting legal offering an undue it would be votes, however, election—more clearly, if, aside the Court under the evidence, to be set be reason- that if had such votes been received the result ably probable or would have been different have been in doubt.” left All the authorities seem that if the is agree irregularity corrected, errors cannot be accurately or such as result doubt to cast the into and confusion, the must poll v. Mcmn Green, 493; vacated. v. Cas- Brightley, Littlefield Brewst., 1 Weaver 60; v. sidey, Green, 140; Ibid, Battery Ibid, 1; 162; v. v. 2 Gibbons Megany, Brewst., Sheppard, v. 1 Greenbank, 189. This is re- Brewst., Harper principle 207 TERM, 1875.’'' Canaday et at. rel. Yah Bokkelen ál. v. of N. C. and assumed in Now is Ill., Platt cognized People, our ease one in where the casts the result doubt rejection confusion ? And in all does it that such rea- appear rejection sonable the result ? probability changed

Look at the In 1st Ward, voters, facts here: out of 397 .Relators received a 2d of the 160 votes cast; majority Ward, out of voters, Relators received a majority 193 votes in the 3d Relators cast; Ward, 2,800 voters, out of received a 3,600 voters, of the 300 votes Out of cast. majority 653 votes were cast. Where were the other 2,937 qualified voters ? True the shows that a case Respondents part advised who can ignored it; say but against how electors had into the many pre- come qualified one ? had moved from ceding Who can how many say ward to another had from Who can how moved ? say many one block to another Who had not re- % can how say many sided lot one ? The case shows continuously yard and all them were of these were large colored, part people from inhabitants of a former rescued commercial city just —the slavery and races their habits—all both subject transitory a com- mutations of incident to residence life among mercial will take notice These the Court population. things Does it stretch judicially. imagination require to see that thus were disqualified unlawfully enough the result ? it have taken change How would changed many that relators result states the case does not show—it only num- is, received of the votes cast, (that majority than Wards, less ber of votes the First and Third cast,) elected If relators were the votes each ward. majority votes each bare one or two then, course, majority, ward would have the result. Even changed supposing and unrea- relators all the votes most violent received cast—a like sonable to see that a presumption easy proscription —it number this, classes of whose citizens, applying large did, man knows most ascertain, could, reasonably result. : Out the Third Ward Take, change example, IN THE SUPREME COURT.. v: rel. at. N. voted. Who can that there 2,800 only say wore So ? that when others disfranchised settled upon to lawful and this one elections, was principles apply regular invalid. to In

But rules a case like no such ours. case apply a is notan incident to lawful but election, irregularity and owes its is based existence to un- very election a case where the Cursis lawful element. having undertakes body, established electoral to an on its it, do, change assumption proceeding and a different a body, ordains another excluding contrary part Constitution. all men the act had excluded white and declared Suppose should be entitled to colored only register Court wait to there whether were vote. Would enquire would it to have the result? And whites changed enough should tendered votes and whites their that these said it? no Is there difference be- have had witnesses prove in a lawful of voters election con- exclusion tween improper and a collosal lawful systematic, proscrip- ducted on principles the mandate of the act from tion lawful electors proceeding ' its ? owes existence which the election with the avowed and held An purpose begun election electoral body sense part taking —with Does are to be the rest ignored. lull notice elec- with regular same ground legitimate on the stand save that mistake or unexceptionable in all respects tion were ? improperly number of persons rejected a stated fraud Art. YII, Sec. Constitution, Our pro- an example: Take vote of a shall contract debt imless by vides voters therein.” qualified Suppose Legis- majority under this clause and direct that an election order should lature the that elec- part submitted should be the question while those on river, side the west ou residing tors contended that Would it be ! gravely not vote side shall east voters tendered the disfranchised unless is good this 1875. TEEM, al, el et People ex at rel. of N. by and then established somebody votes somewhere and to their of them so to and vote, that there were enough offering proof a have in such as to way voted the changed that would they the hesitate to law itself Would Court any say, result ? being and conferred no terms unconstitutional void, in its very a the and to ? the holders declare nullity poll upon that the should the electors of provide Legislature Suppose should elect sheriff for New Hanover Brunswick the should elect electors of Commissioners township Wilmington If of New Hanover? the for the contended position true then one, the relators be the these elections could unless the not be assailed disfranchised tendered, were then and their votes would rejected proved have changed Beductio ad dbsurdum. the result!

Innumerable cases as may supposed showing fallacy rules of and ordinary counting re- applying canvassing turns —rules for the adopted purpose errors correcting frauds of election without judges affecting legal votes an held cast—to election- actually ille- foundation of law, an created unconstitutional gality, operating upon electoral only body. Suppose part the Constitutional change should so that qualification, over 50 and all the men women years, female children and under an vote, should act election is held. Ac- maintained side, other cording position this elec- would be until it was tion made to good appear quali- voters under 50 vote, fied years offering being added, and female voters substraeted, the result being would have been this, After illustration is fruitless. changed.

When an erroneous rule is adopted by election judges, to exclude class of operating qualified voters, they are not the vain go through required form empty tendering cases, their votes. Scranton ante. But here the voter who tendered his vote, having qualifications prescribed, was to indictment. act subject 20th December, in the matter of denounced penalty against one THE SUPREME COURT. IN rél. Van Bokkelen ál. v. Canadat

This of N. C. entitled,” is not not being by, repealed offering register, the act of So that all with, not inconsistent because voters would have been disfranchised crimi- exposed these True, had offered their votes. nal penalties pains lawful electors, said was that, well penalty man is anot Constitutional every But what lawyer; void. a citizen from deter the exercise of his is calculated better denounced than criminal penalty against attempt? rights run the of criminal to in Is the citizen gauntlet prosecution in a where he himself can assert his position order put ? rights the exclusion reason of the case, by this besides uncon-

In is to be observed that a it tests imposed, stitutional large part are from therein, excluded all resident the voters rights of blocks—an area as vote. Twenty-five or great register shut out ward—are from all totally first or second par- The number of in the election. qualified thus ticipation state. If we the case does not are to disfranchised, surmise in the stated—and case this is what does appear only from would the number —it that appear some estimating way three hundred and electors are fifty hundred thus ex- three is This excluded than territory larger second cluded. block smaller than the one first ward. and but ward They hundred and former three contain, sixty latter voters. Where hundred should ninety-seven these three ? No have offered to vote was place provided. electors They excluded. This of itself absolutely entirely were takes rules and out doctrines ordinary case this applying that this 'in no establishes was sense an elections, election an voters of the but city, simply qualified attempt favored individuals the to certain delegate selecting officers. To show effect this municipal exclu- legalizing out the to its natural and running inevitable principle sion To the would be results, superfluous. suggestion act we blocks, these answer twenty-five not exclude does divides the third ward into four and ex- precincts act plainly TERM, 1875. People et at. oí N. reí. Van Bokkelen name lines their boundaries. Why prescribes pressly if not these for the em- precincts, boundaries purpose within the boundaries ? in True, the voters other sec- bracing block, is made the lot tions reference ward. when, after the word every ward,” To have inserted place the act of used connection with the' registering voting “and such voter resides the third words: (if the- ward) offers vote ”—would in which he have been more precinct it was not The act necessary. but must be con- explicit, so as to make all it together strued stand. To that a say voter fourth could vote at precinct the other end living the first is make nonsense of precinct, the sec- tion boundaries of the which prescribes precincts.

In Cal. Hastings, held that as the that the assessors should provides be elected by voters of the town which the qualified property an situated, assessor elected a district a more embracing area than the town had extended authority, the tax itself' was void. So unlawful did the Court grossly seem to regard this sort the officer’s disregarded title- when, in a even collateral A is ait proceeding. nullity fortiori the constitutional is division and the split to a. given fraction of the electoral body. eo:,sidered

This identical is settled a well question by opinion' this v. of Court. Perry Whitaker, 71 N. C. That Rep. ” “is on all case fours with ours as to the effect the elec- tion of a class of voters excluding from the rights ballot..

SÜPPLEMENTARY BRIEF. Const, HuTbert, v. 24 People Mich.; of Art. Michigan, 15,, “ 14, sec. Judicial officers of provides: cities and villages- all shall be and elected, other such officers shall be elected at time and such manner as appointed the Legislature- direct.” 15, Art. is same as the clause in our “ the; Art. sec. 6: 8. shall Legislature Const. provide 212 IN THE SUPREME COURT. Canaday el

The of N. C. ex rel. and is word in our Constitution omitted) incorporation (this restrict.,” shall &c. Ours and and of cities organization villages was from that. copied evidently on inhibition no express contained Michigan “ clause as nor reserved Legislative appointments rights” an ours. act Michigan, by does amending to fill muni- certain charter of Detroit, appointed decides that Court of offices. The Supreme Michigan cipal and void meaning, the act is because contrary spirit, the Constitution. policy, scope, Oooly Campbell Justice Chief Judge opinions in the of local corpo- assert broadly self-government but deny villages, anything cities rators cau take it away. power grant Legislative ..express selection of officers municipal control “ was not claimed authority organize” 'conferred by itwas deemed nor notice on the worthy counsel argument, the Court. 'by is borrowed from a sister a Constitutional provision

When of such judmiary the construction rState, given as to its meaning. Langdon authority Apple- high "State 5, Ind. 327. -.gccte, Court of States held that the United Supreme has

So their own the State Con- judiciary 'the construction given on the Federal Courts. 5 222 Oranch, ; stitution binding 5; 151; Pet. 7 How. Oranch, 87; Wheat, '9 488 1 Black 4McLeao, ; 1S9 436. Cush., ; 767; rerum usus.” Cool. Const. Litn interpres Optimus must be construed thoughts The Constitution according ,which at must be arrived not only it expresses also its its but history, policy of its language, light State. Legislation political usages .condition v. 1 Madison, them is void. Marbury contravenes .which n Oranch Wheat., v. 9 188. Newell v. Gibbons Ogden, 137. 354. 2 Mich., Mich., 1 Y., N. 97. Doug., 7 .JPeople, Mich., Mich., 345. 11 53. Mich. 120 7 5 :587. TERM, 1875. Tee of N. Bockeles al. v. Canada? rél. v. Underwood, State, State 63 N. C. Maize Rep.

Ind., 342. is to Constitution the scope general purport com- the electors of the locality

make all officers elective by franchise, in The elective whether the election District. prised an inherent reserved from the Constitution or derived as so far not restricted Constitution by people with terms, cannot interfered by express its the formal details of merely regulating practical beyond exercise. taken XIY, 5, view

Art. sec. Constitution supports as cases here cited fixing this Court in the numerous by election. of Gubernatorial popular appointment ” this State into the Constitution divides the offices Here classes, others, to-wit: Those appointed by two recognizing and those people. elected by the Governor counties, Art. of the Constitution 16, II, recognizes Sec. political entities divisions and towns cities political the State.

The Ordinances Convention amending show conclusively Raleigh charter Wilmington clause, Art. thought VI, framers of suffrage us a cities and towns. These I, give cotempo- applied the Constitution by body raneous construction placed ratified it with of this notice it, people formed construction. ELECTION WAS

THE YOID. of Fort School District v. the the case Dis- Dodge City In Wahansa, Iowa it was distinctly Township trict Iowa—a Court of an high authority Supreme held —in Weight Justice delivered Chief concurred opinion of the most one profound accomplished Judge Dillon, when the that, election, notice of lawyers America— the vote of all elec- taking qualified providing instead IN THE SUPREME COURT. Canaday et al. People ex et al. v. Bokkblen of N. rd. Van The thereof, the election for a vote tors, only portion provided not to the votes thus excluded were void, enough although was The of the Court the result. reasoning home affected forcible and conclusive. pointed, The 15, Michigan v. 463. Legislature Mayna/rd People a new bnt so voting county, off lay arranged attempted &c., of the electors: Held, so to exclude part precincts, was and no established. county void was the act 20 N. T. The v. 447. Legislature Lanning Carpenter. of two new county off a parts lay comprising attempted could Districts, county that the of the new so people Senatorial Held, : was void. in either District act vote not Clair, 11, v. General St. Michigan Supervisors Attorney to the vote of submitted people 63. Legislature seat, bnt so county arranged voting moving question ain the electors certain locality as not chance give places was at all: the act void—without to the Held, regard to vote could excluded, or whether their votes number of result. changed v. Barbour 364. A City Syracuse, Kinney part Dewitt, in the was town but not incorporated

Syracuse latter so town, election any precinct attached of this could section not vote electors detached Syracuse were residents, no could they because vote longer they in Dewitt because not attached Held, to precinct: be a to the of the act, fatal which was validity declared objection The same void. decided principle by implication Ram- v. N. Y. 41. say People, The case State Wiscon. ex. rel. Knowlton Wil-

liams, 5 Wis. settles this so far as question authority can settle The residence anything. qualification Constitu- of Wisconsin tion is twelve months the State. The Legisla- “ ture ordered election to be submitted to qualified ” of electors with a LaEayette provision shall deemed to vote unless he person qualified shall have resided where he town his vote at least thirty offers TERM, reí. N. C. n That the Held, : previous n in the town should vote electors only might provide man- where reside this would because prescribe ; should be exercised ner where how place, rights in the Con- to no't mentioned but add a residence|qualification act author- The stitution is a instrument. violation unconstitutional, elec- in the the election this respect izing being “ have the voters tion is The is whether legal void. question the had If act had their wishes. to opportunity express then to county, submitted question legal in to have arisen a most of fact material regard question might were refused of those votes whose qualifications the act express of election. But inspectors question, all the had terms, they from although prohibited voting there- requires. They, which Constitution qualifications if had vote, the act to they were not allowed by fore, It have been offered do so their votes would rejected. to had no opportunity follows that the voters of legal words, that it makes vote.” And the court positive says or tendered their votes no sort of difference whether they the result. whether their votes have might changed the same is To the same principle effect affirming Missouri 485. The Buchanan, 39, v. Denver H. H. Co. City a electoral general qualification Missouri fixes Constitution question The as does ours. submitting the voter to be in a Railroad to stock required subscribing from That the con- Held, depart tax-payer: attempt elec- rendered the stitutional vitiated the act qualification void. tion 347. The v. 58 Pen. R. Allen, expression St.

Page is exclusion of not Constitution things one thing “ as weaken Lord Bacon’s remark that exceptions expressed. weakens as to enumeration law, so force general of common law enumerated,” not expresses principle things under- be always which applicable In electors vested in its untechnical sense. plain, stood IN THE SUPREME COURT. The of N. et al. et al reí. Van and to freemen a high, sacred of which cannot be right divested but the it. which established by any Leg- islature must as to the prescribe necessary regulations plans made, manner and whatever else to insure its required full and free But exercise. these must be regulations subor. dinate to the the exercise of which is right regulated. must not be It right must be impaired by regulation. reg- ulation As a destructive. purely, this, no eorrallary constitutional of an elector can the least qualification added altered to, or or abridged, legislation pretense No legislation.” valid will regulation effect increase the residence as fixed the Constitution. “ A law intended to take away unnecessarily postpone embarrass the of an elector will be set aside as unconsti- tutional.” The Constitution of ten Pennsylvania required residence the election. The previous act re- registry to be ten quired registration before the election and allowed those to who had only resided ten register days—thus instead residence of ten The making twenty Meld, days: act to for this be void reason. Bill 10. an How can Mights, election be free when of

a of the voters are driven from the part a polls by Legislative exclusion ? and Smith & contra. Strong,

Strange 3, The act of the General 1875, Assembly February the charter of the section amending city Wilmington, 11, these words: contains “ male old and shall Every person twenty-one years upwards, entitled to be who shall have resided registration, twelve in the months State and next ninety days the elec- preceding in tion, lot, in block the ward which he resides at time of for and no other applying shall registration, person so entitled.” —Act 1874~’75, seo. 11, 467. chap. y?. The this clause is in validity called defendants question by TEEM, et at. et al. rel. of N. C. to the General denied Assembly snperadd power than elector such as are con- further qualifications in Constitution, in 6th article of the for tained providing directed article corporations, municipal organization sec. 4. VIII, of the Constitution,

In to this construction and in opposition exercised, residence of requiring ninety support ward, in the election block lot whereon days preceding the relator as a it is the voter resides condition voting, insisted: far as it Constitution, so relates

I. The 6th article of as vote State elec- residence, is confined ofiicers of those divisions of the the choice of tions, political itself. the Constitution contemplated State is divided of the State into counties, II. entire territory further for division of the Constitution counties provides These are the communities only political into townships. therein as of the ma- necessary working recognized of the State chinery government. into in the sub-division And even townships, ap

III. in a is an essential condition township residence parent from the election, to vote used township language o and are VII, sections ofiicers in Article Township “ debts qualified elected iy thereof'1'1 levied, for necessary and taxes expenses, made except voters therein.” It qualified a vote majority have resided twelve manifest who months in thus cannot in a vote town and thirty days county, the State unless further actual qualification ship If in such could vote in township. residence of the elections upon possession only qualifica township would in Article cease VI, such to be townships tions prescribed and inextricable confusion communities, and distinct political would follow. disorder words Article The same by express VII, principle,

IV. to and other 7, is cities corpora- municipal applicable section THE IN SUPREME COURT. exC. of N. rd. Van Bokkelen dl. tions, and in residence them is a to the to pre-requisite right vote.

Y. and Cities mentioned, than those municipal bodies, other and into is, which the whole State Constitution, under the to distributed, be are to be formed and the General organized under the Assembly of Article YIII, sec. express requirement declares it to be to pro- dut}' vide for the cities, and vil- towns organization incorporated and to their taxation,” restrict &c. The lages, power power unlimited, given duty positive provide govern- its ment define and duties for such of these powers corpo- rations as the interest public to be formed. The may require act, when within the fun- power Legislature, proves their damental law of respective organizations. As residence is to vote

YI. condition necessary right bodies formed municipal law, such period left the discretion must be of the General Assem- residence residence for one or more such months, bly prescribe, is not not conflict with the Consti- so only when required, its and its tution, with harmony but provisions spirit. to vote who every YII. If given person election, on the not otherwise reside the city day (and could be no made advance of there registration disqualified), Article election as inasmuch as YI, such required by residence W'ouldthen have to continue such from necessarily of such interval election, such to be day registration itself. defined the act

YIII. If voter could have made himself a voter any county election, in a into on the city day by removing not would stable but impracticable, registration would all sound the securities impossible, government person rights property safeguards destroyed, result Constitution. contemplated IX. The General then must have Assembly mould its and form these own governments according judgment TERM, 1875. People Canaday ex d al The of N. C. rd. Van et of the tbe Constitutions discretion, as and restrained except by State and the United States. that now operation, Constitution, The by

X. superseded to or- Assembly General distinct conveys power formed have been towns, according cities and these ganize all declares powers, to its present discretion. and hence became the retained by people, to be granted, VIII, Article in the the conferred necessary delegate power Thus under as a its exercise 4, duty. enjoin of the Gen- Constitution, the as under the former present, ex- is full and eral and towns complete, over cities Assembly in the found Constitu- restrictions, controlled by cept tion itself. been given same seems

XI. The construction State law of the the organic Convention which framed very Wil- of an charter act passage amending of Conven- 14th, 1868. Ordinances ratified March mington, 48, tion,uses. 1868, page chap. of certain in its

This preamble incompatibility act recites nd which had been force, then in charter, provisions then 1866, Constitution, with the new 1st, ratified February clauses certain repeal formed, being proceeds value which free-holder city, $1000 charter required Alderman, and for the as a office Mayor qualification election then directs an Section three freehold qualification. “ shall which held Mayor Aldermen,” to be with this ordinance and conformity provisions men- manner section of before prescribed 17th ioned act incorporation.” this clause,

To ascertain force effect of reference 1, 1866, must be made to the act of “An entitled February the inhabitants of'the town of Act incorporate Wilmington. 1866, declares Private Laws section 2, p. chap. candidates and the voters at such elections qualifications shall be the same are of such required IN THE SUPREME COURT. of N. rel. Yan Bokkelen at. v. Ibid, 3, this act.” section of page pre-

previous provisions office,and section those of for voters. scribes the qualifications “ shall be entitled to vote for The latter declares : No person unless he shall be entitled Aldermen, Mayor qualified this State, vote for General of members of Assembly next and shall homeresided six months the day preceding for within the limits said nor shall corporate city, of any be entitled to vote for Aldermen arty particular person ward, unless he shall have resided such ward 30 days for next election.” day before this the General at its interpretation, Assembly Following 24 of the acts of 1870-71, session of chapter session, a law for the cities government incorporated passed general towns, and confines as voting “resided have, election, within the previous any days and 10 within the ward which he desires corporation Revisal, a Battle’s section 9. to be voter.” page put Thus we have construction contemporaneous upon the Convention Constitution which framed it., and very formation, it was in the and a while very ratification process as thus vote. interpreted by popular The same construction has been it by successive put in a series of acts over extending years, Legislatures until now cities and town, and judicially questioned, organizing even in the law under whose very operation defendants It is now hold their official submitted that the positions. mat- is thus ter settled. is founded on J. Our the will of government

Reade, Their will is the ballot. The ballot em- people. expressed old, has braces citizen who had a every twenty-one years resi- in the State for twelve months and dence where for There is no other vote, he offers to thirty days. qualifica- for voters and tion Property qualification office- required. our former Constitutions which holders, required, JUNE TERM, 1875. reí. Tan Bokkelen et al. v. N. and are re- now

many away, important, passed thought is freedom to vote and hold Not only antiquated. garded so but it is imbedded Constitution, office secured our present that it was necessary the hearts the people thought with contemplated interference stipulate against of the last the Constitution. act Convention alter has a Convention General provision Assembly calling educational “shall not or Convention require, propose any office, or voting,” requires property qualification it. take an to observe oath delegates unwise, the Court can Whether is wise give is to the Constitution and Our expound opinion. province made, are and not to them. laws as make male that The Constitution every twenty- provides person months, old, resident State twelve one years YI, sec. 1. An shall be elector —Art. days, thirty county what. does not for for what? say elector or of President, it mean elector for for members Does or for of Governor, or for members or for Judges, Congress, for or officers, or for township Assembly, county the General it itself, else ? There stands officers, by or for what town or shall be an elector every person without explanation —that means to those as a —a It evidently persons voter. designate are whenever elec- to vote class, polls opened generally with the for connected general tions held anything govern- as governments. or a class State locA Just or the ment, for are qualified designated jurors. persons it that all YII, in Art. elec- And so sec. provided “ who But are voters thereof.” tions shall be by qualified look back to There no way except ? they determining above. the class designated that so the 5th section elections And provides, toionship “ And voters thereof.” we

shall be qualified find who are. to the class to out they look tovm, so Art. YII, county, city, And provides IN THE SUFREME COURT. et ctl. reí. N. C. &e., debt, shall contract any corporation other municipal voters a vote of “qualified unless majority find who have to look to the class and we therein are. and towns are counties, cities together;

Here grouped And in this there voters. way so are their except qualified and towns. are no cities prescribed qualifications like counties and are towns, townships, parts But cities State, for the convenience local and parcels organized their voters are And the qualifications self-government. follows, the General cannot Assembly same. It voters in State, county, any way qualifications change or town elections. township, are resi- we act, requires And considering, yet And if ninety days instead of thirty. ninety days, dence And so, be. years, may many year, bemay required, of the citizens towns, majority our young growing “ the oldest excluded, given be government may made a if residence be inhabitantsor, may qualifica- long and then the made a gov- tion, disqualification, so may to the And inhabitants. youngest ernment may given so, added,, then others if these qualifications the town in one of charters as we find may; just it is Assembly, that, last General provided granted all who have town, in addition citizens who months own taxable real twelve in the county lived all shall taxes,” &c., the town, said who paid estate 1874-5, vote. Acts chap. private laws. allowed to had no of the any portion the power put Surely a If under can the State such do they government. people under the government of then that, put they Wilmington Hanover of New county. land owners the man himself at a town : a illustration presents For State election, I have voted elec- and says, and now I want vote election, in the tion, township His lived vote is re- days. I have where election, thirty town TERM, eí reí. of N. C. he has resided there In vain because ninety days. jected, we look in the for such any qualification. and Assembly

General has disfranchised that in hitn, ease him which comes much nearer home to than other elec- any tion for ; the town affects his business, trade, government market, health, comfort, taxes, pleasure, property person.

We that are of the for voter in opinion qualifications are, or town one city twenty years twelve citizenship, age, State, months’ residence thirty city town.

II. The act an : before election there Again provides shall voters, those who registration register, made a can vote. The first ward is and election registration and so with the The third second. ward is divided precinct; metes and into four bounds, Of course precincts. every voter must in the ward and in the where he register precinct and in vote lives, other, and must where he registers, fraud being But a object prevent repeating.” large third ward—on the west side of the river— portion was, mistake not included in probably, precincts. of course And cannot or vote. And register Perry Whitaker, 71 N. C. is an decision that Rep., express makes election void.

Indeed, it would seem that the registration provision such as are parts embraced, are so impracticable to amount the disfranchisement of the voters.

The Constitution ordains that the General shall Assembly for the provide registration voters, that no one shall without vote VI, Art. see. 2. registration. This means that the General shall Assembly provide conveniences and so that necessaries, the voters can It is register. to facilitate exercise ballot; not to defeat it. It is true that this includes and to throw duty around, as will guards protect ballot from fraud. And therefore our election law general provides, when a voter offers to register, vote, he challenged, required IN THE SUPREME COURT. reí. Van Bokkelen of N. C. al.-v. as his to oath And take so our qualifications.

to general town elections. (Battle’s law regulating Revisal.) that, to be and it can objection There no man prevents him and to no puts inconvenience. a man If will from voting, has the then that he he can qualifications, and swear register it can him be proved unless he is en not against vote; he in that case And But the act un rejected. titled. is framed the idea of ballot making consideration der Iudeed makes it it as possible. impracticable. It as difficult elector and it shall be the may, duty provides of any to known person challenge to register, registrar entitled not to be to lawfully when register; suspected it made, shall be shall be the duty challenge regis such to person prove satisfaction of require trar of his of lawful vote, fact fact of being age registrar Sate, for twelve months and for residence ninety his It will be &e. noted lot,” any bystander may voter without him, anything against proving challenge his allowed to swear to but he qualifications; is voter the oaths and these others others, must them must prove must be satisfied. registrar registrar, known who into move howr possible Wilmington Now', the State to witnesses from distance get counties from other their Wilmington prove ages registrars known It is a ? It denial of impossible'. practical residences their and vote. to register the right said that towns cities are already been but has It III. the State for the convenience local self- and parcels parts voters, that the of voters, are rights government, A fundamental in the State government. princi- same shall is, that representation ap- the State government ple vote as near as be. Large coun- may popular portioned shall more than districts representatives and large ties vote, man his bwfc vote every that not so ones, small body. representative count shall body legislative representative Act creates —Board TERM, People of ox el v. el rel. ál. Canadat al. N. Bokkelen C. Aldermen, nine for the if Now, city Wilmington. every Aldermen, voter could vote for all of the nine of course every Or, if man’s vote would the were count. divided into city as be, three as wards, each ward nearly elect equal Aldermen, then vote would three every count. But is instead of that the divided into city three wards—the first voters; has about 400 the second about 400; and the third 2,800. vote in the So that one first and second wards counts in as .as much seven votes the third ward. That this is a plain violation of fundamental principles, apportionment of re- is too That the presentation, plain argument. Legislature never such a we result, intended are to assume. Nor obliged stated in there the case that anything can reasonably account for it. To the tha't it was to suggestion protect from property it is voters, answered, that it is in irresponsible stated the case, that the valuation of in the third ward is property about equal in the valuation both the other wards together. .And put it that was to suggestion colored from separate white it is answered, that vote, while most the colored ward, voters are in the third there are yet also more white the third than in both the other wards And together. to the that it was to favor the suggestion and edu- intelligent anü cated them the control of give city government, is. answered, that same by the is ex- principle pressly repudiated existing present Constitution, and from expressly prohibited being incorporated subse- any Constitution. The Convention shall not quent nor require, or educational propose any qualification for property office And to the that it ais voting.” suggestion plan devised by for'its better it is government, answered, that not one- voted voter five at the election. rate,

At without intent of the questioning Legisla- see that we the effect of the ture, act'is violate the funda- of the Constitution, mental their principles own cherished to maintain declared free manhood purpose suffrage, educational to eschew property qualifications. And, as is- IN COURT. SUPREME .THE i>. el al. reí. Van N. C. N. it is Smallwood, Rep., said Jacobs effect act, ren- which not the intention Legislature, it void. ders into the title of warranto to first is usual inquire

It quo but we arc from office; to the precluded the defendant as we are confined to us, the case sent here by inquiry is as follows record, ^ ‘ honorable, it is facts submitted the foregoing Upon Hanover to determine of New county, Court the Superior following questions: entitled to are now relators of plaintiff 1. Whether of said of Aldermen city? office said .the now, so will be entitled from they entitled If not 2. . n after ?”&c. Thursday August, first in the if shall be of that the Court opinion is agreed

itAnd said two either one questions, judgment .(cid:127)affirmative from the be the defendants shall ousted rendered (cid:127)shall ¿said thereof. relators put possession offices, STRANGE, ROBERT

(Signed) DAYIS, GEORGE for the Plaintiffs. Attorneys RUSSELL, L." DANIEL CANTWELL,. EDWARD for Defendants. Attorneys if the here, that title of the argument insisted upon was It n also, defendants bad title of bad, relators .the will be seen that the But it only pomt reason. same -for of the to the title relators. as is, us .presented is error. There of the Court; but judgment, J. I concur

RodmaN, reasons as some of majority, concur I cannot .as it is to state I wherein proper Justice Read®, expressed reasons for difference: Associates, my my from .differ has no Legislature right thinking I 1. concur TERM, rel. el N. C. <d. Oanadat a residence in tbe require ninety city Wilmington, as a voters in a has it election. Much less qualification city a a of residence on the same lot. length require a Constitution a resi- voters, requires qualification State, dence twelve months and of within thirty days where offer to vote. It about says nothing residence aas in a city necessary vote qualification city election. It must be conceded, that no however, person vote at election unless he resides in at city the time he offers to vote.

I think also, that it is within the powfer as a that the voter shall qualification have resided require reasonable time within the There can city. reason every why who person (otherwise andlona qualified,) actually in a resides be it State, municipality, county, township fide therein, at the time he offers to vote should city, not be allowed But it is to vote. also reasonable to that the require honafides and intended of tbe residence shall be permanency clearly and this can be best done that it has ex- proved, by showing for a time isted to create the long enough reasonably presump- faith and tion of good permanency.

This has fixed time, as to at counties, thirty And the rule to if days. cities, equally applicable Leg- think islature to it. The shorten proper apply the time will create the which of faith and presumption good but cannot extend it they what the Con- permanency, beyond shall If stitution be sufficient for that says purpose.

extend the time there is no limit. beyond thirty days, a a

As ward of has no or interest separate government from of there would seem to be no distinct reason city, any of in a time residence certain ward as a requiring quali- for for voting fication as distinct from ward city officers, officers, if there be such. any

to But that the shall have voter resided for defi- require any lot, a nite time on same makes evidently disqualification can find no sanction or in which Constitution, justice IN THE SUPREME COURT. at. reí. Van Bokkelen of N. C. are reason. In cities most the inhabitants

or in large we if a the act are or tenants. Under boarders considering, another, a should leave hotel for or if his lease should voter same should remove to another residence he expire would dis- election, within before he be ninety city, to this It cannot be more on say necessary part qualified. that the was about to observe act enacted only case, except the election. days before forty with in its I also Court view majority agree voters, before regis- requires chat being part actfrwhich if their also to

tered, before challenged, prove voting, witnesses, known to the personally registrars qualifications and poll-holders. are, sense, in a certain officers

These registrar judges. to must be satisfied of confine myself him.) qualifica- (to a him, by before the same rules of of voter registering tions and an facts, to other action which apply evidence judges him after reasonable if, proof qualifica- would against refuse to entitled he should tion, maliciously register person No enact doubt Legislature may general to registration. or classes of witnesses, certain admitting disqualifying latos this I unlimited in its cannot be conceive respect. but rule evidence case; enact for has particular on witnesses qualifications practically to impose to the arbitrary the admission evidence opinion leave or make the review; without com- liability the Judge, class of cases of witnesses in particular dependent petency accident, aud rule a mere independent professing on in reason. What could said for a law founded even in all for of a witness cases, made the competency murder, irrelevant on trials to depend upon example, not, known the witness was, was accident, -personally and which left it the discretion of or jury; the Judge, his to admit or according deny personal acquaintance, Judge his caprice. so of such a law would be gross, The injustice folly .229 TERM, 1875. ex The reí. Tan Bokkelen of N. at.

its would not find an validity advocate. Yet that is part the act we are considering. The to vote is property, no man can be of it “but the law of the land.” deprived (Bill sec. will of a Rights, 17,) arbitrary registrar or of a is not “the law of the land” the well judge settled of the Bill of meaning Rights. that the witnesses to the requirement of a qualification

voter shall be known to the is a personally new and registrar, most unreasonable addition to the for qualifications voters^ clearly which the Constitution and in prescribes, is my opinion beyond power Legislature. the third

3. In I do not proposition concur. majority, The Constitution to the gives general power to subject certain restrictions. legislation, specified includes as power of itself legislative part power create regulate municipal corporations, what prescribe shall be, there ofiicers manner of them, electing (subject Constitutional course, provisions bemay appli. &c. The their do this cable,) powers, Legislature may act for this any particular special municipality, power VII., Art. sec. elearly the Constitution. In given by to create and for the of a power provide orgnization city, whether this be derived from power any special provisions Constitution,or grant it general power, seems legislative me, must be included the to divide it into wards. power Mun. 1 Dillon This Corp., I being conceded, [See 19.] in the Constitution find whieh restrains the nothing legislative in its action on this that the several subject, requires shall be area, wards or taxable equal population property; forbids that each however in all ward, of those unequal shall send the same number of respects, representatives re_ It must be admitted that there council. is no express on these straint But legislative power respects. there is a intent general spirit

argued gathered Constitution, effect voter shall from every weight public ofiicers, equal electing govern- m THE SUPREME COURT. People ex et et of N. C. rel. Van Bokkelen v. Canada? al.

The ment of the or of the to State, subordinate which municipality he It has said some before, been one it is belongs. a to undertake to construe Constitution what dangerous to its for one be be be spirit, may easily may supposed general as to what to be, misled spirit by prepossession ought the most into so un- even of results, impartial inquiry I never be certain. For find certain can my part, subject, intent, certainly indication of none any general to admitted towns, which can be cities rules applied of reasoning. II,

Art. that the House of shall says Representatives of one hundred to be composed twenty representatives, to their the counties elected respectively, according popu- have at least lation, and each shall one representative, contain the it ratio may requisite representa- although the ratio how shall 7 provides representation tion. Section shall how fractions be carried ascertained, with over, an like something approximation the view producing rep- to population. resentation are look to merely directory. They

These provisions similar division State into or some counties. It existing, to create new as it counties, has left open without to its done, constitutional any objection repeatedly For that I in the Constitution, do so. see aught power one the State into counties divide hundred twenty might area, and taxable when each population property, unequal I think to one the House. entitled representative would be farther, is sufficient to without show that instance, this going intent the Constitution re- nois controlling there general Legislature from distribution of unequal poli- straining tical power. there ends, be abused this partisan

That power to me whether this case it It is indifferent no doubt. has or not. This Court abused, authority repress been has but not to correct mere power, legislative an usurpation TERM, at. oí N. reí. C. that, of it. For responsible abuse Legislature’ alone. . people taken argument by It is here notice position proper to find seem the learned for the counsel might plaintiff, toas some countenance of my expressions, generality municipal create, organize, regulate, legislative was, that learned counsel contention corporations. officers,and itself Legislature appoint municipal might unlimi- it them to had an elected, if allowed consequently, I do ted electors. power prescribe qualifications think the conces- follows, that this from not conclusion fairly over such sion to Legislature general legislative tem- of officers, merely appointment except corporations. not for properly purpose organization, porarily, under the It included legislative power. part it is not elsewhere clearly, specifically grant, general Therefore, under section Bill of Rights, granted. that is with the remains with the say, it people, people is to exercised. in which the office locality conclusions are: From this my reasoning may 1. That "the divide constitutionally city ward &c., each into wards give unequal population, council. city representation equal voters city That cannot qualification 2. require the Constitution for those additional required elections general. within the residence thirty It city- require 3. residence within the as an assurance bona before voting, fide at the time of voting. voter cannot That the qualification proof . than is under rules of competent other materially general evidence. here reversed, judgment Judgment Cubiam.

Pees not entitled to office. relators are

Case Details

Case Name: The People of N.C. Ex Rel . Van Bokkelen v. . Canaday

Court Name: Supreme Court of North Carolina

Date Published: Jun 5, 1875

Citation: 73 N.C. 198

Court Abbreviation: N.C.