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IN THIS ISSUE 



Officials and Citizens Build 

THE INSTITUTE OF GOVERNMENT 

ALBERT COATES 



PROGRAM 

1934 SESSIONS 

THE INSTITUTE OF GOVERNMENT 

Raleigh, November 15, 16, 17 



CONSTITUTIONAL REVISION 

"Not Dead But Sleeping" 

CAPUS WAYNICK 
LARRY I. MOORE 
JAMES H. POU 
JONATHAN DANIELS 



STATE DEPARTMENT RULINGS 

OF INTEREST TO 
LOCAL GOVERNMENTAL UNITS 




POPULAR. 
GOVERNMENT 



„, VOLUME II 



NOVEMBER, 1934 



NUMBER 1 



The White House 

WASHINGTON 
May 29, 1933. 



My dear Governor: 

To you and my many friends in North Carolina -who 
have been good enough to invite me to attend "the first meet- 
ing of The Institute of Goveniment, I can but express ny very 
real regret that conditions over which I have no control lit- 
erally make me a prisoner in the White House and make impos- 
sible even a twenty-four hour escape. 

I have been looking forward with genuine anticipation 
to the pleasure of participating vrlth you in the meeting of 
The Institute and my inability to do so is consequently a deep 
disappointment. The Institute of Government, its purposes and 
its organization, as conceived and established in North Carolina, 
has and will render fine service to the State and the Nation. 

It is my hope that other States will recognize the 
leadership of North CsLrolina in what it is doing through this 
Institute and that States having no comparable agency will ac- 
cept and follow your leadership. Some of the most progressive 
and original developments in the whole field of education have 
been in North CsLTolina and I take this occasion to congratulate 
you on that as well as on The Institute itself. 

Will you, in my behalf, extend greetings and best 
wishes to those who have the good fortune of attending these 
sessions of The Institute. 

Very sincerely yours. 



,-/ 



^^/- M^^^ 



Hon. John C. B. Ehringhaus, 
Governor of North Carolina, 
Raleigh, North Carolina. 



POPULAR GOVERNMENT 



VOLUME 2 
NUMBER 1 



PUBLISHED MONTHLY BY THE INSTITUTE OF GOVERNMENT 



NOVEMBER 
1934 



The Institute of Government 

What It Is and Why It Was Organized 



By ALBERT COATES 

Director 



The Public Officers' Division 

IN" the politifiil campaign of 1932 the following adver- 
tisement aiipcared in a North Carolina newspaper: 
"I hereby announce niy candidacy for the office of 
County Surveyor. My father was County Surveyor for 
twenty years and I inherited at birth all the qualifications 
for this office." 

Most officials, however, are not born with a knowledge 
of the powers and duties of the offices to which they are 
elected. Nor do they acquire this knowledge from their 
private occupations and professions. 

Friendship or efficiency? 

"How long have you been in office?" a visitor asked a 
Clerk of Court one day not long ago. "Going on four 
years." "Did you know anything about the office when 
you were elected?" "No. I'm here because I got the most 
votes." "Did the man you beat out help you to catch on 
to your work?" "Lord, no. He didn't even want to give 
me the keys. Got other jobs for all the stenographers 
and clerks and left me here holding the bag instead of 
the office. I had to start from scratch." "Anybody run- 
ning against you this fall ?" "Yes. Two of 'em." "What 
do they know about the office?" "Well, times are hard 
and they know they want it. That's about all I knew 
when I ran before and if they can beat me I reckon turn 
about is fair play." "Do you know how the clerks in the 
next counties are running their offices ?" "Not much. 
I'm too busy to find out." 

The visitor went out with a mental picture of thou- 
sands of officials in the one hundred counties, five hundred 
towns, and dozens of state departments, every two or four 
years going into office to learn by mistakes which might 
have been avoided and for which the people pay. The 
learning they acquire in this expensive fashion too often 
goes out of office with them at the end of their official 
terms. Incoming officers start, not where their predeces- 
sors left off, but almost, if not quite, where fhey began. 



"No people can ever become a great peo- 
ple by exchanging its own individuality, but 
only by encouraging and developing it. We 
must build on our own foundation of charac- 
ter, temperament and inherited traits. We 
must not repudiate, but develop. We must 
seek out and appreciate our own distinctive 
traits, our own traditions, our own deep- 
rooted tendencies and read our destiny in 
their interpretation." 

— Charles B. Aycock 



Popular government, like the frog in the well — an illus- 
tration trite to everybody but the frog — is continually 
going forward three feet and falling back two. Govern- 
ment is forever in the hands of beginners. 

A pyramid of units 

Another condition, no less compelling in its appeal to 
united action on the part of the public officers of North 
Carolina grows out of the fact that in the last hundred 
and fifty years we have built a pyramid of overlapping 
town, township, county, state, and federal governmental 
units, with the result that the power to investigate crime 
and apprehend criminals is divided among the to^vn police, 
the township constable, the county sheriff, the state patrol, 
and the federal agent. The judicial power is divided be- 
tween justice's courts, juvenile courts, city courts, county 
courts, state courts, and federal courts. The legislative 
power is divided between city aldermen, county commis- 
sioners, state legislators and federal representatives. For 
a hundred and fifty years these officers have been working 
on the same problems, for the same people, in the same 
territory without ever coming together in the practice 
of coordinated effort. 

The Public Officers' Division of The Institute of Gov- 
ernment was organized: (1) To cut down the lost time, 
lost motion and lost money attending every rotation of 
officers in every general election; (2) to collect and trans- 
mit to successive generations of public officers the expe- 



POPULAR GOVERNMENT, the journal of The Institute of Government, is published monthly at Raleigh, N. C. Editorial, 
business and advertising address: Box 147, Raleigh, N. C. Subscriptions, per year: $1.00. Single copies, 10 cents each. Adver- 
tising rates will be furnished on request. Editor, Albert Coates; Associate Editors, Henry Brandts, Jr., Dillard Gardner, T. N. 
. Grice and George W. Bradham. Business and Advertising Manager, George W. Bradham. Address all correspondence to Box 
147, Raleigh, N. C. Application for entry as second-class matter is pending. 



]e Two 



POPULAR GOVERNMENT 



November 1934 




The above officials represent their respective organizations on 
the State Board of Advisers, Tlie Institnte of Government: 
(1) Judge ^\. A. Devin, Oxford. President of the Judicial Offi- 
cers Division; (2) Judge M. V. Barnhill, Rocky Mount, Vice 
President of the Judicial Officers Division; (3) E. B. Jeffress, 
Greensboro. President of the Street and Highway Safety Divi- 
sion; (4) Charles M. Johnson, Raleigh, President of the Pub- 
lic Treasurers Division; (5) Major 1. P. McLendon, Greens- 
boro, President of the Election Officers Division; (6) Clawson 
L. Williams, Sanford. President of the Prosecuting Attorneys 
Division; (7) N. E. Aydlett, Elizabeth City, President of the 
Clerks of Court Division; (S) J. G. Wooten, Winston-Salem, 
President of the Police Officers Division; (9) Oscar F. Adkins, 
Marion, President of the Sheriffs Division; (10) Dr. C. B, 
Wharton, Ruffin, President of the Coroners Division; (11) 
George Lawrence, Chapel Hill, President of the Welfare Offi- 
cers Division; (12) J. B. Roach, Raleigh, President of the 
Prison Officers Division; (13) Samuel E. Leonard, Roeky 
Mount, President of the Correctional Officers Division; (14) 
Captain Charles D. Farmer, Raleigh, Head of the State High- 
way PatroL 



rience of those who have gone before them, of other oiEcers 
in similar offices in this and other states, and enable them 
to start nearer where their predecessors left off than where »■ 
they began; (3) to coordinate the efforts of city, county, 
state, and federal officials working on the same problems 
for the same people in overlapping and adjoining govern- ' 
mental units, and thus eliminate the duplication, confusion, ^ 
friction, and waste now existing in a welter of inter- 
locking, overlapping, and conflicting interests. 

A movement starts 

In 190S eleven County Commissioners met at New Bern 
to discuss the problems of County government and to ex- " 
change ideas, methods, and practices existing in different ^ 
sections of the state. In 1917 this example was followed 
by the Clerks of the Superior Court and later by the 
Sheriffs, Chiefs of Police, Firemen, Municipal Officers, 
County Accountants, Welfare Officers and others. In 1931 
other groups began to organize : Legislators, Judges, Elec- 
tion Officials, Prosecuting Attorneys, City Attorneys, 
County Attorneys, Registers of Deeds, Coroners, Prison * 
Officials, Tax Officials, Treasurers, Purchasing Agents, and 
the like. On May 6, 1932, three hundred representatives t 
of all groups of city, county, state, and federal officiEiis- ^ 
in North Carolina met to pool their knowledge and CO- " , 
ordinate their efforts in the Public Officers' Division of 
The Institute of (jovernment. 

The movement progresses 

The plan of organization agreed upon brings together 
in the Law Enforcing Officers' Division of The Institute: 
City Police, County Sheriffs, State Highway Patrolmen, 
and Federal Agents. In the Legislators' Division : City 
Councilmen, County Commissioners, State Legislators, and 
Federal Eepresentatives. In the Judicial Division : Judges 
of City, County, State, and Federal Courts. Along the 
same unifying lines Prosecuting Attorneys, Accountants, 
Clerks of Court, Election Officials, Tax Officials, Welfare 
Officials, State and Highway Safety Officials, and all other 
official groups in overlapping and adjacent governmental , 
units are joining together in building their respective divi- 
sions. The accredited leaders of these groups, elected by 
the officers themselves, represent the public officials of 
North Carolina on the State Board of Advisers of The 
Institute of Government. 

Citizens' Division Organized 

"Shall I pay my taxes this year?" 

THIS question was put to a Superior Court judge by 
a prominent North Carolina woman a year ago. 
"Why, my dear lady," the judge replied, "What do you 
mean?" "Well," she answered, "last year I paid my taxes. 
Half the people in the county didn't pay theirs. And this . 
year it looks like I'm going to have to pay mine and theirs 
too." 

This incident takes on added significance as newspapers 
carry the story of taxpayers in an eastern county resist- 
ing by injunction the levy of a higher tax rate on the ,. 
ground that half a million dollars in uncollected taxes are 
still on the books. Certainly the time has come when offi- 
cials and citizens must understand each other and both 
must understand the practical problems of the government i 



November, 1934 



POPULAR GOVERNMENT 



Page Three 



of which they are a part. Taxpayers' strikes create as 
many governmental problems as tax spenders' follies. 

A return from slumberland 

Few of the citizens' organizations, which have multiplied 
across the state within the last two decades, had taken any 
consistent and constructive interest in the workings of their 
government until depression cut their profits and they were 
forced to cut their costs. They ran into their tax bill with 
the impact of a seemingly irresistible force upon a seem- 
ingly immovable object. "We have cut to the blood and 
to the bone in our homes and in our business," they said, 
"and we want to do the same thing in our government." 
■ Every committee on public affairs in every civic group 
awakened with a start. Citizens' committees were formed 
and taxpayers' leagues sprang up throughout the state. 
They went their several ways and because they did not 
hang together they, for the most part, hanged separately. 
One of the weaknesses of these early depression enthu- 
siasms was that these committees were not organized in 
a way that would permit them to go to the bottom of 
things. Citizen? ^viih worries of their own could hardly 
take more than a week at most for the personal examina- 
cion of governmental aifairs and they too often found 
themselves helpless to help themselves in the presence of 
experienced officials who too often felt that more truth 
than poetry was involved in these investigations. The 
employment of occasional "experts" to spend thirty to 
sixty days accomplished little more than the citizens them- 
selves had accomplished and for the same reasons. Even 
when they got to the bottom of affairs at home they were 
handicapped by the lack of comparative governmental costs 
in other communities of similar size and situation. 

Three meanings in one 

To illustrate: The words "street department" in the 
budgets of three cities may mean three different things. 
In one they may mean the maintenance of street surfaces; 
in another they may include maintenance of street sur- 
faces plus curbing and guttering; in another they may 
include maintenance of street surfaces plus curbing and 
guttering plus street cleaning. Thus, to the lack of co- 
ordinated effort within communities was added the lack 
of coordinated effort between communities. Thousands of 
dollars have been spent without actually putting citizens 
in touch with their government today and without provid- 
ing the machinery to keep them in touch with it in the 
future. The pull of habit still runs strong : As good times 
appear, interest in goveniment disappears. It reappears 
when hard times come again and citizens return to the 
pursuit of their time honored custom of locking the stable 
door after the horse is gone. These conditions were stead- 
ily breeding public distrust of public officials throughout 
the commonwealth. 

To remedy these conditions, to put citizens in touch with 
their government now and build the machinery for keep- 
ing them in touch with it in the future, to coordinate 
their governmental efforts and activities and turn them 
into constructive channels the public officers of North Caro- 
lina in^-ited representative Citizens' Groups throughout 
the State to join them in building the Citizens' Division 
of The Institute of Government. 



The fourteen officials shown below represent their respectlTC 
divisions on the State Board of Advisers, The Institute of 
Government: (1) A. H. Graham, Hillsboro, President of the 
Legrislators Division; (2) K, L. Harris, Roxboro, Vice President 
of the Legislators Division; (3) Andrew Joyner, Jr^ Greens- 
boro, Vice President of the City Attorneys Division and Presi- 
dent of the \orth Carolina League of Municipalities; (4) John 
L. Skinner, Littleton, Secretary of the County Commissioners 
Division; (5) E. L. Stowe, Belmont, President of the County 
Commissioners Division; (6) Clarence E. Blackstock, Ashe- 
ville. President of the City Attorneys Division; (7) J. Wallace 
Winborne, Marion, President of the County Attorneys Division; 
(8) D. W. Newsom, Durham, President of the County Managers 
Division; (9) A. C. Hudson, Greensboro. President of the Tax 
Supervisors Division; (10) J. A. Orrell, Wilmington, President 
of the Accountants DiTision; (11) E. H. Wharton. Greensboro, 
President of the Eegisters of Deeds Division; (12) George C. 
Eichhorn, Greensboro, Vice President of the Street and Safety 
Division; (13) C. W. Smedburg, Greensboro, President of the 
Engineers Division; (14) A. S. Brower, Ealeigh, President of 
the Purchasing Agents Division. 




Page Four 



POPULAR GOVERNMENT 



November, 1934 



Many groups now participating 

Among the groups wlio have accepted this invitation and 

are actively participating today are : Civic clubs — Rotary, 
Kiwanis, Lions, Civitan, American Business Clubs; Asso- 
ciations of Lawyers, Bankers, Merchants, Manufacturers, 
Farmers, Laborers, Physicians, Teachers, Election officials. 
Chambers of Commerce, American Legion, the State Federa- 
tion of Women's Clubs, American Association of University 
Women, League of Women Voters, American Legion Aux- 
iliary. Other groups are being added to the Citizens' Divi- 
sion of The Institute as they express their interest in this 
program. The accredited leaders of these groups, elected 
by the citizens themselves, represent the citizens of ITorth 
Carolina on the State Board of Advisers of The Institute 
of Government. 



Schools end Colleges Enter the Picture 

Four-tenths of one per cent cause insomnia 

ATEACHEE of criminal law in North Carolina not 
long ago found that only four-tenths of one per cent 
of the criminal cases tried in the criminal courts 
during the past thirty years had gone to the Supreme 
Court on appeal. His sleep that night was troubled by 
thoughts like these : "Supreme Court decisions constitute 
ninety-nine per cent of my teaching material. Does this 
mean I am trying to teach practically one hundred per 
cent of a course out of four-tenths of one per cent of the 
knowledge ?" He examined the civics books used in the 
high schools and the texts on government used in the col- 
leges and found them as far from the realities as his own. 
To the lack of adequate teaching materials, add the lack 
of even academic governmental training on the part of 
many teachers, add the lack of practical governmental ex- 
perience on the part of practically all and you symbolize 
the gap between law in theory and law in practice, be- 
tween government in books and government in action, 
between the schools and the people. With the result that 
around twenty thousand students are going out of the 
high schools and colleges each year knowing all about 
civics and nothing about government. With the result 
that thousands of boys and girls are yearly coming to the 
ballot box ignorant of the structure and the workings of 
the governmental institutions whose destinies they deter- 



Student government 

Around forty thousand students in the colleges and high 
schools of North Carolina are living under some form of 
student self-government. On at least one college campus, 
student government officers are doing as good a job govern- 
ing twenty-five hundred students as the town authorities 
in governing twenty-five hundred citizens. Comparisons 
of the student government with the city government show 
the same types of problems to be dealt with and the same 
types of cases to be tried : Larceny, forgery, embezzle- 
ment, drunkenness, disorderly conduct, assault and bat- 
tery, election frauds, and the like. They have worked out 
methods of dealing with these problems that the criminal 
courts might envy. 



This is not child's play, it is not "juvenile" government. It 
is adult government. Partly because it has won its place 
through over a century and a quarter of struggle of successive j, 
generations of students, partly because it is today successfully 
handling a considerable portion of the problem of law and 
order, partly because the increasing sense of responsibility it * 
brings to youth is laying the basis for responsible citizenship, ^ 
partly because both officers and citizens are recruited from the 
ranks of youth, the student government officers of the 
twenty-seven colleges and nine hundred high schools of 
North Carolina were invited to join with the public officers 
and private citizens on equal terms and with equal vot- 
ing power. I, 

Colleges co-operate 

There are twenty-seven junior and senior colleges in ., 
North Carolina. They are bringing to their respective 
centers students from all sections of the State to meet and 
mingle. In varying degrees boys and girls who go to 
these separate centers with the viewpoint of a locality 
come away with a vision of a commonwealth, transformed * 
from citizens of sections into citizens of North Carolina. 
Thus each institution has in its own way become a unify- 
ing influence in our life. ^ 

In the professional schools, graduate schools and de- ' 
partments of government and political science of these 
institutions, there is skill and knowledge in the science 
of government which can be coordinated to the advantage 
of each institution and to the advantage of the people 
they serve. 

In the teachers of civics and government in the nine 
hundred high schools of North Carolina, there are potential 
sources of governmental skill and knowledge which can 
be developed and coordinated to the advantage of the stu- • 
dents in their classrooms and the people of their respective 
communities. * 

In recognition of these conditions the public officers and 
private citizens of North Carolina invited the accredited 
leaders of the schools and colleges of the state to join them 
in the effort: (1) To eliminate the gaps in knowledge be- 
tween government as it is taught in the schools and gov- 
ernment as it is practiced in the offices of the common- 
wealth; (2) to give some practical insight into the work- 
ings of their government to the successive thousands of 
students who are yearly going out of the high schools and 
colleges of North Carolina to take their place in the ranks 
of citizens; (3) to coordinate all the resources of all the 
institutions of all the people upon the governmental prob- 
lems of the people. The accredited leaders of the students 
and teachers of civics and government in the high schools 
and colleges of North Carolina represent their respective 
groups on the State Board of Advisers of The Institute 
of Government. . 



The Composite Picture 

IN the closing days of December, 1931, fifty people from 
thirty towns and counties in all sections of North Caro- 
lina laid plans to bring together in the building of The 
Institute of Government the rank and file of public offi- 
cers, private citizens, and the schools of the people. 



November, 1934 



POPULAR GOVERNMENT 



Page Five 




AboTe arc shown eight of the educational leaders of the col- 
leges and public schools of North Carolina who are cooperat- 
ing with the officers and citizens in building The Institute of 
GoTernment: (1) Dr. Frank P. Graham, President of the 
Greater rniversity of >'orth Carolina; (2) Dr. Thnrman D, 
Hitehin, President of AVake Forest College; (3) Dr. Walter 
W. lingle, President of Davidson College; (4) Dr. Vi, P. Few, 
President of Duke University; (5) A. T. Allen, State Superin- 
tendent of Public Instruction; (6) G. B. Phillips, of Greens- 
boro. President of the North Carolina Education Association; 
(7) Paul S. Daniel, of Raleigh, President of the City and 
County Superintendents organization; (8) Needham T. Gulley, 
Dean of the Wake Forest Law School and Chairman of the City 
and County Boards of Education Division of The Institute. 



In the organization meeting on May 6, 1932, this number 
swelled to three hundred people from fifty-four counties and 
seventy-nine towns ; in the first annual session on Septem- 
ber 10, 1932, to seven hundred from ninety-one counties 
and one hundred and twenty-one towns; in the second 
annual session on June 23, 1933, to over one thousand 
from ninety-eight counties and one hundred seventy-four 
towns. 

To date more than five thousand people representing 
practically every group of officials, citizens, and students 
in the State have joined together in formulating The In- 
stitute's program. Through their own organizations they 
elect their own leaders. These leaders constitute the State 
Board of Advisers of The Institute of Government. The 
State Board of Advisers elects the Board of Trustees. The 
Board of Trustees selects The Institute staff. The Institute 
staff carries out The Institute's program. The Board of 
Trustees will be installed, the staff will be announced, and 
the complete plan of organization submitted for approval 
in the 1934 session of The Institute to be held at the State 
Capital on November 15, 16 and 17. 

THE INSTITUTE AT WORK 

How can we cut down the lost time, lost motion, and 
lost money involved in a rotating governmental 
personnel? How can we put the people in touch 
with their government and keep them in touch with it? 
How can we bridge the gap between government as it is 
taught in the schools and government as it is practiced in 
the forums of the people? These are questions that go to 
the heart of popular government iself? They are ques- 
tions that officers, citizens, and the youth of ITorth Caro- 
lina in the name of popular government are undertaking 



to answer today through the Institute of Government in a 
cooperative governmental program rooted in necessities as 
old as government of the people and the logical outgrowth 
of our life and history. 

An official's dilemma 

""When I was elected to public office," said a prominent 
official not long ago, "I learned I didn't know as much 
as I thought I knew about the duties I was called on to 
perform. Worse than that, there was no place I could 
go to find out. The laws aft'ecting the powers and duties 
of my office were scattered in different places to the point 
of practical inaccessibility : in constitutional provisions, 
in public laws, public-local laws, private laws, minutes of 
commissioners' meetings, municipal ordinances, adminis- 
trative rulings, court decisions, and special studies or re- 
ports." 

"The laws in the books," interrupted his companion, "do 
not tell half the story. The rest of it is scattered through 
the records, equipment, and routine of hundreds of govern- 
mental offices in every town, county and state department, 
through the unrecorded practices and the accumulated ex- 
periences of hundreds of officials throughout the state. 
These practices have not yet found their way into printed 
pages but they represent the government as it works in 
action." 

"Yes," was the reply, "and we officials coming into office 
every two years all over the state are not the only ones 
suffering from this condition. When citizens know no more 
about the problems facing their representatives than I 
knew when they elected me to represent them, it is easy for 
misunderstandings and suspicions to arise and friction to 
develop. And for the schools to send out students ignorant 
of the workings of the government they have got to run, 
is like pushing biddies in the creek — or maybe it is push- 
ing government in the creek." 

What Can Be Done About It? 

Under the direction and supervision of city, county and 
state officials in North Carolina members of the staff of 
The Institute of Government are going from county to 
county and from town to town, learning at first hand the 
structure and workings of their government in theory and 
in practice, in books and action. They are collecting, com- 
paring and classifying the laws, methods and practices in 
use. Officers out of their experience have more to teach 
the schools than the schools out of their books have to 
teach the officers. We are going to school to the officers. 

The results of these comparative studies will be set 
forth in guidebooks for officers, pamphlets and programs 
for citizens and in supplementary texts and source mate- 
rials for students and teachers of civics and government in 
the high schools and colleges of the state. They wdll be 
illustrated in central demonstration offices to which offi- 
cers, citizens and students alike may coma to see actual 
demonstrations of the governmental methods and prac- 
tices in use in the city halls, county courthouses and State 
departments. They will be taught in county, district and 
state-wide schools of officers, citizens, and students and 
transmitted to them at monthly intervals through the pages 
of "Popular Government." 



Page Six 



POPULAR GOVERNMENT 



November, 1934 



Law enforcement 

To illustrate the plan of work : Under the direction of 
the la'vr enforcing oiEcers of Xorth Carolina. Albert Coates 
is working successively on the forces of police officers, 
sheriffs, highway patrolmen, and federal agents ; of city, 
county, state and federal prosecuting attorneys; of corre- 
sponding agencies for the administration of punishment, 
pardon and parole, learning at first hand their methods, 
practices, and problems. 

Tax administration 

Under the direction of tax officials, Henry Brandis, Jr., 
is working along the same lines in the offices of tax listers, 
tax assessors, tax collectors; learning at first hand the 
methods and practices employed in tax listing, tax valua- 
tion, tax collecting, and safe guarding public funds on 
hand. 

Administration of justice 

Under the direction of court officials, Dillard S. Gardner 
is working as an apprentice with the judges, clerks of the 
court, sheriffs, registers of deeds, and local bar officials, 
learning at first hand the methods and practices in the 
administration of justice in city, county, state, and federal 
courts. 

Accounting methods and practices 

Under the direction of state and local governmental 
accountants. T. X. Grice is studying the accounting meth- 
ods and practices of state and local governmental units, 
literally following the tracks made by public moneys as 
they go from the pockets of the taxpayers into the pub- 
lic treasury and from the public treasury into govern- 
mental services. 

Purchasing agencies 

George "W". Bradham is studying the methods, practices 
and problems of purchasing agencies of governmental units 
throughout the state under the direction of official pur- 
chasing agents. ^Ir. Bradham is also serving as business 
manager of "Popular Government." 

Street and highway safety 

Members of The Institute Staff under the direction of 
the officials of the Street and Highway Safety Division of 
The Institute are studying the methods of regulating traf- 
fic now in use in this and other states by public and private 
agencies, in the effort to correlate their ideas and efforts 
in a safety program which -will go as far as it is humanly 
possible to go in cutting down the loss of life and property 
on the public highways. 

Other activities 

Special studies are being carried on by members of local 
bars as part of the Institute's program. Under the direc- 
tion of the Election Officers' Division of The Institute. 
Mr. George C. Hampton, Jr., of the Greensboro bar, with 
the assistance of Mr. R. 0. Maxwell, of the Raleigh bar, 
is making a state-wide study of laws and practices in 
special elections, primaries, city elections, and general elec- 
tions. Parts of these studies are complete and in use. 
Mr. Charles T. Boyd, of the Greensboro bar, assisted by 
Mr. D. E. Hudgins, Mr. Gilbert Powell, and the office 
staff of the Guilford County Register of Deeds, is study- 
ing the laws and practices involved in the administration 
of the office of Register of Deeds. 



Malcolm Seawell is tracing out the history and present 
status of the Intermediate Courts in Xorth Carolina as 
they are recorded in Constitutional provisions, public laws, 
public-local laws, municipal ordinances, administrative 
rulings and court decisions. Harry McGalliard is study- 
ing the evolution of the family a5 a governmental unit as 
reflected in the statutes, decisions, and Constitutional pro- 
visions of Xorth Carolina from Colonial days to the present 
time. The first phase of this study outlining the chang- 
ing status of women in the laws of Xorth Carolina is prac- 
tically complete. 

Guidebooks 

"Public Officers," said a County Commissioner, "for the 
most part learn their powers and duties as they go along. 
When my predecessor went out of office he carried all he 
had learned out with him, and I had to pick up not where 
he stopped but where he started. Hundreds of new officials 
throughout the State are continually finding themselves in 
the same fix on every election day." 

Knowledge promotes economy 

Through the practical processes outlined above the pub- 
lic officials of Xorth Carolina are equipping a staff of 
men with the knowledge and experience to write guide- 
books which will bring to every official now in office and 
to incoming officers in the future, a clear and concise picture 
of the powers and duties of their respective offices together 
with the methods and practices of their predecessors and 
other officers in similar offices in this and other states. 

Guidebooks have thus far been prepared for Registers 
of Deeds and for Election Officials : in Special Elections, 
Primaries, City Elections, and General Elections. They 
have met with universal approval and have demonstrated 
the soundness of the plan. Guidebooks are now being 
prepared for Clerks of Court. Sheriffs, Police Officers, 
Prison Officials, Coroners, Welfare Officers, Juvenile Court 
Officials, Tax Officials, Accountants, Purchasing Agents, 
City Councilmen, and County Commissioners, and officials 
concerned with street and highway safety. Guide books 
for other groups will be prepared from time to time as 
studies in different fields are completed. 

The information going into these guide books is being 
prepared in less technical form in a series of pamphlet- 
and programs for citizens generally and for students and 
teachers in the schools. This work is going on with the 
cooperation of public affairs committees in citizens groups 
and teachers of civics and government in the schools. 

The Laboratory of Governmental Units 

"If my business methods and practices become archaic 
and cumbersome," said a business man not long ago, "my 
rival will put me out of business. Competition furnishes 
us the incentive to maintain industrial laboratories to 
stt dy new manufacturing processes as they develop through- 
out the state and country in the constant effort to improve 
our own technique. But, there is no competition between 
adjoining governmental units to keep them forever on their 
toes. Xo laboratory through which they can study new 
and improving governmental processes developing in other 
governmental unit.^ as aids to the improvement of their 
own technique." 



November, 1934 



POPULAR GOVERNMENT 



Page Seven 




In the group above are slioivn the members of the staff, The Institute of Government : 



(1) Albert Coates, of 
Smithfleld, for ten years 
student and teacher of city, 
county and state govern- 
ment and its administra- 
tion; tor the last five years 
working in co-operation 
with state and local officials 
on the practical problems 
of government. Director of 
The Institute. 



(2) Henry Brandis, Jr., 
of Salisbury, member of the 
North Carolina Bar; for 
two years engaged in the 
active practice of law; since 
April, 1933, Associate Di- 
rector of The Institute of 
Government studying the 
methods and practices of 
tax administration under 
the direction of tax officials. 



(3) Dillard S. Gardner, 
of Marion, for five years a 
member of the North Caro- 
lina Bar engaged in the ac- 
tive practice of law; since 
November, 1933, Associate 
Director of The Institute of 
Government studying the 
administration of justice in 
the courts under the direc- 
tion of court officials. 



(4) T. N. Grlce, of Eliza- 
beth City, formerly on the 
staff of Price, Waterhouse 
and Co. of N. Y. ; Certified 
Public Accountant in N. Y. 
and N. C. ; since February, 
1931, Associate Director of 
The Institute of Govern- 
ment studying accounting 
methods and practices. 



(5) George W. Bradham, 
New Bern, for three years 
member of the editorial and 
advertising staffs of the 
Greensboro Daily News and 
since August, 1931, Asso- 
ciate Director of The In- 
stitute of Government and 
Business and Advertising 
Manager of POPULAR 
GOVERNMENT. 



The business man was wrong in one respect. Every office 
in every city, in every county, and in every state depart- 
ment in North Carolina is a potential governmental labora- 
tory where officers are free to try their hands at improv- 
ing their own methods, practices, and technique. Out of 
the initiative, resourcefulness, and judgment of individual 
officers improvements are constantly being made. 

Members of The Institute staff going from one govern- 
mental unit to another are collecting, comparing, and clas- 
sifying these illustrative materials, filling them out with 
the appropriate entries to demonstrate their uses and sup- 
plementing them by adequate descriptions. 

These materials are being brought from all the offices of 
all the governmental units into central demonstration of- 
fices to which present and future generations of officials, 
citizens, students and teachers from one hundred counties 
and five hundred towns may go to see demonstrated what 
they would now have to go to hundreds of places to find 
and would not find available when they got there. 

Out of these assembled materials, we can build a prac- 
tical working governmental laboratory for city halls, 
county courthouses, state departments, and the schools of 
the people. They will furnish the basis on which we can 
work toward a uniformity of standards which will lift the 
poorest governmental practices to the level of the best. 

Towns and counties throughout the state together with 
publishing houses are assisting in the building of this lab- 
oratory. Around five thousand documents have already 
been contributed to it. 



Governmental Schools 

Officers, Citizens, Students and Teochers 

More than common honesty is required in public office 
and likewise more than common sense. A hundred thou- 
sand dollars lost through honest inefficiency is as great a 
burden to the taxpayer as a hundred thousand dollars lost 
through conscious fraud. Knowledge is no guarantee of 
character, we are told. Neither is ignorance. The best 



of governmental systems may be wrecked by men who do 
not understand it. 

Members of The Institute staff, going from one city and 
iM.miity to another, acquainting themselves with the prob- 
lems of these governmental units, learning at first hand 
their methods and practices in the administration of pub- 
lic affairs are laying the basis for county, district, and 
■statewide schools: (1) Of public officers; (2) of private 
citizens; (3) of students and teachers of civics and gov- 
ernment. 

Officers 

These schools are already being developed in conferences 
of police officers, sheriffs, clerks of court, registers of deeds, 
coroners, accountants, prison officials, welfare officers, tax 
officials, purchasing agents, city and county attorneys, city 
councilmen, county commissioners, state legislators, and 
federal representatives, and other groups of city, county, 
and state officials. 

Citizens 

Through this practical training process these men will 
1)0 equipped to organize and conduct governmental schools 
for public affairs committees in citizens' groups now or- 
ganized throughout the state and provide them with mate- 
lials for systematic governmental programs for meetings 
of their respective groups throughout the year. Begin- 
nings of these citizens' schools have been made in the an- 
nual sessions of The Institute of Government. During 
the coming year they will be organized in systematic fash- 
ion to fill the long-felt gap between the citizen and his 
government. 

Students and teachers 

Through this apprentice training with officials and citi- 
zens, members of The Institute staff will be equipped to 
cooperate with students and teachers of civics and govern- 
ment in the high schools and colleges in conducting prac- 
tical seminar cour,ses in the structure and the workings of 
state and local governmental units. Beginnings along 
tliese lines have already been made and during the com- 
ing year will be extended throughout the state. 



Page Eight 



POPULAR GOVERNMENT 



November, 1934 



"Popular Government" 

A Monthly Magazine 

WITH this issue, "Popular Government," lieretofore 
a quarterly, becomes a monthly magazine, and 
will take its place as a clearing house of govern- 
mental information for officials, citizens, students, and 
teachers throughout the state. 
This magazine will carry : 

Analyses of governmental problems 

Analyses of government problems along the lines here- 
tofore carried in the quarterly: (1) Crime and Punishment 
in N"orth Carolina; (2) Our State and Local Government 
Structure; (3) Legislation of the General Assembly of 
1033; (4) The Proposed Constitution for jSTorth Carolina. 
Already prepared and ready for publication in the maga- 
zine are analyses of the Gasoline Tax in North Carolina 
and the Funding and Refunding of Governmental Debts. 

Bulletin service 

_ .ic bi-weekly bulletin semce, which has been in opera- 
tion since January 1, will also be incorporated in the maga- 
zine. This bulletin service carries the rulings of the At- 
torney General, the Local Government Commission, the 
Utilities Commissioner, the Industrial Commission and 
other state departments. This service has received such 
wide public acceptance that the editors expect it to be one 
of the most important features of "Popular Government." 

Governmental methods and practices 

The magazine will be the focal point through which 
current methods and practices of governmental units as 
they develop throughout the country may be brought home 
to state and local governmental units in North Carolina. 
This is made possible through exchanges with over one 
hundred governmental publications from states in all sec- 
tions of the union and from membership in the follow- 
ing governmental organizations : The jSTational Municipal 
League, The American Municipal Association, The Gov- 
ernmental Kesearch Association, The International City 
Managers' Association, The American Public "Welfare As- 
sociation, the Public Administration Clearing House, and 
the bureaus of governmental research. 

It wiU be the focal point of information gathered in 
comparative studies by members of the staff going from 
county to county and from town to town, as well as news 
of governmental affairs garnered from the daily and week- 
ly press and through organized contacts with local govern- 
mental units throughout the state. 

Articles 

The magazine will carry articles prepared by officials 
throughout the state and nation, by teachers of civics and 
government in the schools and colleges of the state, and by 
interested citizens. Appropriate illustrations will be an 
important part of the magazine. 

Inquiries _, 

An increasing number of inquiries about governmental 
affairs and problems are being received by The Institute 
of Government. These inquiries, which are gladly solic- 
ited, have groviTi to such volume that a separate depart- 




Above are shown accredited leaders of Tarions citizens groups 
who are serving on tlie State Board of Advisers, The Insti- 
tute of Government: (1) Harold D. Cooley, Nashville, Presi- 
dent of the Local Bar Officials Division; (2) C. VV. Tillett, Jr, 
Charlotte, President of the State Bar Association; (.3) I. M. 
Bailey, Raleigh, President of the JVorth Carolina Incorporated 
Bar; (4) Rev. T. A. Sjkes, High Point, District Governor, 67th 
District of Rotary International; (5) Ralph C. Barker, Dur- 
ham, Governor, C«rolinas Kiwanis District; (6) Gny 0. Bag- 
well, Charlotte, District Governor, Lions Clubs; (7) 0. Arthur 
Eirkman, High Point, Lieutenant-Governor, American Busi- 
ness Clubs; (8) D. Hiden Ramsey, Asheville, President of the 
State Press Association; (9) H. E. Olive, Statesville, Depart- 
ment Commander, the American Legion; (10) Arnold Schlft- 
man, Greensboro, Past President, North Carolina Merchants 
Association; (11) ^\. C. Denmark, Goldsboro, President of the 
North Carolina Commercial Secretaries Association; (12) Dr. 
Paul P. McCain, Sanatorium, President of the State Medical 
Society. 



ment in the magazine will be devoted to discussions of 
these questions. 

Governmental programs for use in meetings of civic and 
professional groups of men and women and classes in civics 
and government in the schools will be included in each 
issue. 



November, 1934 



POPULAR GOVERNMENT 



Page Nine 



Legislative Service 

THE Legislative Service, planned and carried out un- 
der the direction of the Legislators' Division of The 
Institute, includes services rendered before, during 
and after each legislative session. 

Before legislative sessions 

Meetings of the legislative nominees of both parties will 
be held after the fall elections to hear the accredited repre- 
sentatives of officers' and citizens' groups outline their re- 
spective legislative programs. This will be a distinct serv- 
ice to the groups which in the past have been able to get 
their programs before only a sub-committee of the Legisla- 
ture. Also, it will be a help to the legislators in that it 
will acquaint them in advance with the problems they will 
confront when the General Assembly convenes. This plan 
will be followed for the first time in the 1934 sessions of 
The Institute of Government. 

City, county, state and federal legislators will come to- 
gether in central statewide meetings in advance of legisla- 
tive sessions to discuss joint legislative problems. These 
statewide meetings will be followed after the ISTovember 
elections by local conferences between the city councilmen, 
the county commissioners and the state legislators within 
each county. This plan was followed in a number of local- 
ities in the state prior to the General Assembly of 1933. 
The results justify its extension to the state as a whole 
during the current year. 

During legislative sessions 

All members of The Institute staff will be on hand dur- 
ing each legislative session to analyze all bills, both local 
and general, and classify them according to governmental 
units and official groups affected. They will mail type- 
written summaries at weekly intervals to the press, to all 
legislators and to representatives of every town, county 
and official group in the state. Members of The Institute 
staff will cooperate with the Legislative Reference Bureau 
in its legislative drafting service. This service was initi- 
ated in part during the General Assembly of 1933 wiih 
results which justify the extensions outlined above. 

After legislative sessions 

By keeping up this analysis of local and general legisla- 
tion from day to day, the Institute staff will be able to 
summarize within ten days after the adjournment of the 
Legislature the laws affecting each state and local govern- 
mental unit and officers' and citizens' groups and thus cut 
down the gap of two or three months heretofore existing 
between the end of the session and the printing of the laws. 

Meetings of The Institute held following legislative ses- 
sions will afford an opportunity for the interpretation of 
the laws enacted to officials who have the responsibility for 
their administration. This plan was followed with satis- 
fying results in the sessions of The Institute following the 
General Assembly of 1933. 

Interpretations of these legislative enactments in state 
department rulings and Supreme Court decisions will go 
to state and local officials concerned in the bulletin service 
included as a feature of "Popular Government." 

These services should go a long way toward cutting down 
the length of Legislative sessions and toward clearing up 
confusion after the sessions are over. 




Above are sIio«n representatives of Tarious citizens groups 
who are serving on the State Board of Advisers, The Institute 
of Government: (1) Mrs. >V. B. Aycock, Baleigh, President of 
the Jfortli Carolina Parent-Teachers Association; (2) Mrs. 
J. Frank Spruill, Lexington, Citizenship Chairman, Parent- 
Teachers Association; (3) Mrs. B, H. Latham, Asheville, 
President of the Korth Carolina Federation of Womens Clubs; 
(4) Mrs. Cljde A. Milner, Guilford College, President of the 
^orth Carolina Division of (he American Association of Uni- 
versity Women; (6) Miss Mae Reynolds, Ealeigh, President, 
Business and Professional Womens Clubs; (6) Mrs. M. H. 
Shumway, Lexington, President of the American Legion 
Auxiliary, Department of North Carolina; (7) Millard F. 
Jones, Eocky Mount, President of the State Bankers Associa- 
tion; (8) R. K. Lawrence, Winston-Salem, President of the 
State Federation of Labor; (9) Earl S. Vanatta, University 
Station, Master of the North Carolina State Grange; (10) W. C. 
Meekins, Henderson ville; (11) Dr. L. M. Edwards, Durham; 
(12) Eugene F. Rimmer, Charlotte. 

Pictures of the following were not received in time to be 
included in this edition: Mrs. Charles W. Tillett, Jr., Char- 
lotte, President of the League of Women Voters; Frederick 
L. Willis, Asheville, District Governor of the Civitan Club; 
Mrs. W. B, Absher, North WiUtesboro, retiring President of 
the American Legion Auxiliary; Neal S. Zeigler; Charlotte, 
representing the Certified Public Accountants of North Caro- 
lina. 



le Ten 



POPULAR GOVERNMENT 



November, 1934 



Financing the Program 

Fifty Thousand Dollars Cannot Make a Movement, But 
Fifty Thousand Men and Women Can 



THE Institute of Government began in tlie scattered 
efforts of men and women working without pay — 
at niglits after the day's work was over and on week- 
ends after the week's work was done. Increasing hundreds 
from all sections of the state have participated in the 
formulation of its plans. They have drawn its outlines, 
sketched in its features and breathed into them the breath 
of life. 

Guarantee of $50,000 

In appreciation of these efforts, a number of public 
spirited citizens — for the most part college mates, former 
students and personal friends of the participants in this 
movement — offered a guarantee of fifty thousand dollars to 
carry this program forward over a period of three years, 
on the following terms: (1) That the accredited leaders of 
all groups of officers joining together in building The In- 
stitute show their faith in their own program by agree- 
ing to contribute annually to its support any amount of 
their own choosing from one dollar a year up, and (2) that 
they join together in asking the rank and file of officials 
and citizens throughout the state to do the same thing. 

This guarantee was unanimously accepted by these lead- 
ers. It was approved by over one thousand representatives 
.of their respective groups from every section of the state 
in the 1933 sessions of The Institute. Since that time it 
has been approved by more than five thousand people in 
the cities, the counties and the state of Xorth Carolina. 

Guarantee may become gift 

The response has been so widespread and spontaneous 
that the guarantors have made the further proposition — 
that if the officers and citizens throughout the state through 
their o^vn contributions make the movement self-support- 
ing from the start, then at the end of three years the fifty 
thousand dollar guarantee instead of going back into the 
pockets of the guarantors will become a fifty thousand 
dollar gift toward a permanent endo^vment. Thus every 
officer's dollar will be matched by a citizen's dollar and 
the youth of jSTorth Carolina will be the beneficiaries of 
both. The invitation of the public officers to the private 
citizens of ISTorth Carolina to join them in building The 
Institute of Government has been met in spirit and in 
truth. 

Will the people pull together? 

"I'm nothing but an ordinary policeman with a third 
grade education," said a law enforcing officer not long 
ago, "but I'd hate to think we couldn't find fifty thousand 
people with enough interest in their government to con- 
tribute at least a dollar a year to this program." Fifty 
thousand people giving one dollar a year will mean in- 
finitely more than one person giving fifty thousand dollars 
a year. Fifty thousand dollars cannot make a movement, 
but fifty thousand men and women can. 



A judge's contribution 

"It gives me pleasure," writes a Judge of the Superior 
Court, distinguished by a quarter of a century of service 
on the bench, "to agree to contribute to The Institute of 
Government $25.00 annually for three years and I enclose 
check to cover one year's contribution. I have been and 
am in hearty sympathy with the work of The Institute." 

In one locality, city and county officials are offering $6.00 
each per year toward the program and are undertaking to 
persuade every officer and citizen in their locality inter- 
ested in government to do likewise. "How did you arrive 
at the figure six instead of the figure five or some round 
number?" they were asked. "Well," they answered, "we 
wanted to put in one dollar each toward the guidebooks, 
the demonstration offices, the schools of officers, the pam- 
phlets and programs for citizens and for students aK^- 
teachers in the schools, and the magazine of "Popular Gov- 
ernment." 

Concerted effort necessary 

^0 one group of officers alone can carry out this pro- 
gram; no one group of citizens alone can do it; nor can 
the schools and colleges alone. ISTo one city, no one county, 
nor the state alone can do it, but all together can. 

In this cooperative spirit this program began. In this 
spirit it will go on until it brings the rank and file of 
officers and citizens into active participation in this move- 
ment, removing the listlessness, lethargy, and indifference 
to governmental aft'airs which give free rein alike to the 
tyrant and the demagogue. 



The following card will be found in this issue of "Pop- 
ular Government" : 



THE INSTITUTE OP GOVERNMENT 
NORTH CAROLINA 

I hereby join with public officers and private citi- 
zens in building The Instttute of Government, for 
continuous comparative studies of the structure and 
workings of government in the cities, the counties 
and the state of North Carolina — the results of these 
studies to be (1) set forth in guidebooks, (2) illus- 
trated in demonstration offices, (3) taught in schools 
of governmental officers, (4) made available in sup- 
plementary texts and source materials for the use 
of teachers and students of civics and government 
in the schools and (5) in study and discussion pro- 
grams for all groups of citizens, (6) transmitted 
periodically to all groups of officers, citizens and 
students through the Jouenal of Popular Goverx- 

MENT. 

For these purposes I agree to contribute annually, 
subject to revocation at will, the following amount 

$ The first ?1.00 will go for the JoiR- 

NAL OF PoPUL.iR GOVERNMENT. The remainder, unless 
otherwise specified by the donor, will be allocated 
to the purposes listed above. 

Date Name 

Address 

Make all checks payable to M. E. Hogan, Treasurer, 

The Institute op Goveknment, Ch.u'el Hux. N. C. 



November, 1934 



POPULAR GOVERNMENT 



• Page Eleven 



Is the Program Worth the Cost? 



In Dollars and Cents 

(1) "If I had known at the beginning of my term of 
office what I knew at the end," said a prominent county 
commissioner, "I would have been a better commissioner 
and I could have saved my county some thousands of dol- 
lars." Multiply this experience by even a fraction of the 
offices in state and local governmental units and the sig- 
nificance of his statement is apparent. It is certainly un- 
derstandable from the viewpoint of a business man. If a 
business changed hands as often as a government changes 
hands, there would be grave danger of its going bankrupt 
before the incoming executive learned to manage its affairs. 

Here in N'orth Carolina, we are committed by two hun- 
dred years of political history to elective offices, short terms 
of office and rotation of officers. The people do not intend 
to surrender popular control of public affairs. They do 
intend to make popular government safe for the people. 
In making the comparative studies of the laws and prac- 
tices for the guidance of their governmental officers, set- 
ting forth the results in guidebooks, demonstrating them 
in laboratory offices, teaching them in schools of govern- 
mental officers, keeping them up to date in the magazine 
of "Popular Government," they are going as far as it is 
humanly possible to go to enable every incoming officer to 
pick up where his predecessor stopped, instead of where he 
started, and in cutting do^vn the lost time, lost motion, and 
lost money involved in a rotating governmental personnel. 
There is no doubt about the fact that the people pay for 
the training of their officials — either before or after they 
go into office. Public officials, for the most part, think it 
will cost less before than after ; that foresight is less ex- 
pensive than hindsight; that a stitch in time may well save 
nine; that the governmental program of The Institute of 
Government here outlined will cost less than the lack of 
it is costing now. 

From the poorest to the best 

(2) There are one hundred counties in North Carolina 
and around five hundred towns. They have developed dif- 
ferent methods of doing similar things. Some of these 
methods are better than others. To illustrate : The tax 
supervisor in one North Carolina county improved tax 
listing methods to the point that in one year he added four 
thousand new taxpayers and five million dollars in newly 
discovered property to the tax books to lighten the load 
on thousands already there. 

The officials in one Xorth Carolina city reorganized their 
machinery for tax collections, reduced the steps in use from 
six to two, improved the service and reduced the cost of 
administration $6,500 annu;itly. 

Some of the accounting systems of local governmental 
units are excellent, others are in confusion, in others con- 
fusion is itself confounded. It cost one municipality four 
thousand dollars to find out its books were in such shape 
no one could tell the shape they were in. It cost another 
municipality six thousand dollars on the longest criminal 



trial in its history to reach the same conclusion. Citizens' 
committees and taxpayers' leagues have spent thousands 
of dollars in fruitless efforts to plumb the depths of munici- 
pal affairs, with only the scars of futile strife to show for 
their reward. Nobody knows, and everybody understands, 
that under these circumstances public money is lost, private 
character is destroyed, and popular confidence in popular 
government undermined. Experience demonstrates that 
standard accounting practices will reduce shortages, cut 
the cost of public audits, lower the premiums on official 
bonds and effect tremendous savings. 

Officials throughout the state are satisfied that it will 
cost less to collect, compare and classify the methods and 
practices of governmental units and lift the poorest to the 
level of the best through the program of The Institute of 
Government than we are losing under conditions existing 
today. 

The cost of experts 

(3) Within the last ten years, city after city and county 
after county in North Carolina have been forced to call 
for assistance from governmental experts beyond the bor- 
der of the state in dealing with governmental problems. 
Some years ago the Governor of North Carolina had to call 
in outside experts to assist him with the plans for the re- 
organization of various units of state and county govern- 
ment. Later another Governor of North Carolina had to 
go beyond the borders of the state to get a group of men 
sufficiently equipped with knowledge and experience to sur- 
vey the structure of state and local government and submit 
proposals for its reorganization. 

It is no discounting of the value of these governmental 
experts, called in by our leaders to do for us that which 
we have not yet developed agencies for doing for ourselves, 
to point out the weakness in the practice of relying on 
them: (1) That through no fault of theirs they come to 
us ignorant of our local governmental institutions, the con- 
ditions out of which they have grown, the people of which 
they are a part and among whom they must operate; (2) 
that they write their conclusions into a report which too 
soon goes upon the shelf to be read by all too few, and have 
no part in or responsibility for the practical operation of 
their recommended changes; (3) that as soon as their re- 
port is written they leave and carry away with them the 
most valuable results of all their work — the personal knowl- 
edge and experience gained in doing it. 

Through the program of The Institute of Government 
we can carry on the comparative studies, write the guide- 
books, build the demonstration offices, conduct the schools 
of governmental officers, build our own staff of govern- 
mental advisers, put citizens, teachers, and students in 
touch with the workings of their government and keep 
them in touch with it for less money than we have been 
paying for the published reports of governmental experts 
from afar. 

If the governmental program here outlined will cost less 
than we are now spending, if for less money we can get 
more and better services, if these services will save many 



Page Twelve 



POPULAR GOVERNMENT 



November, 1934 



times their cost in the machinery for carrying our present 
governmental load, then the debt, the deficit and the de- 
pression are compelling arguments for the launching of 
this program now. 

More Than Money is at Stoke 

"I have a boy, fifteen years old," said a king of Eng- 
land to one of his most learned scholars some hundreds of 
years ago. "In the course of time he will succeed me on 
the throne. I want you to teach him the laws and cus- 
toms of his country." 

In the course of his lectures, the old scholar asked the 
young prince : "Who has the most power, the king of Eng- 
land or the kings on the continent ?" "The kings on the 
continent, of course," answered the young prince. "They 
have the people under their heel and can do with them 
as they please. My father is hedged around to the point 
that he has to ask Parliament what he can do." 

The combined power of a free people 

The old scholar came back with an answer which grounds 
the belief that popular governmental institutions will stand 
and strengthen after Stalin, Mussolini, Hitler, and their 
breed have vanished from the earth. "ISTo," he said, "the 
king of England has the most power. For a king has no 
more power than the people behind him. On the continent, 
as you say, the people are under the heel of the king. Their 
initiative, energy and resourcefulness is cramped and stifled. 
In England the people have some measure of freedom. 
Every common man can within limits draw a ring around 
himself and tell the king to keep out. Within those limits 
he is free to develop his initiative and resourcefulness so 
that when the king of England speaks, he speaks with the 
combined power of a free people." 

This margin of freedom has steadily widened through 
the centuries. The year 1215 and the Magna Carta, 1689 
and the Bill of Rights, 1776 and the American Eevolution 
are milestones in the path which has led from serfdom to 
freedom, from subject to citizen, from absolute monarchy 
to constitutional law. 

Here in K"orth Carolina we can trace it : In the removal 
of the property line between the citizen and the ballot in 
the early days of the last century ; in the removal of the 
color line in 1868 ; in the removal of the sex line in 1919. 
Every one of these advancing steps has brought more peo- 
ple to participation in the government and has correspond- 
ingly increased their power of control. 

Disillusionments 

The triumphal march of popular government has not 
been without its disillusionments. Within the limits of 
our governmental experience we have seen the political 
pendulum swing the balance of power from the king to 
the subject ; from ofiicers appointed by the crown to officers 
elected by the people ; from the continuity of long-time 
tenure to the rotation of short-term ofiicers; from the be- 
lief that the common man could do nothing to the belief 
that he can do anything; from the naive notion of birth 
as the entitlement to office to the equally naive notion of 
birth as a qualification for it ; from the aristocratic notion 
that some men are born to fill an office to the democratic 
notion that all men are born knowing how to fill it; from 
the antiquated notion that some men are not as good as 



other men to the current notion that every man is as good 
as every other man and better. 

Within that span of time we have lived to learn that 
the Commonwealth may be plundered by favorites of the 
people as well as by favorites of the king; that "to the 
victor belongs the spoils" may be alike the doctrine of 
hereditary rulers and elected office holders; that shades 
of ancient spoilsmen may still gather in the modern sheriff's 
eyes; that remnants of the divine right of kings may still 
crack down in a policeman's billy; that the Constitutions 
of the State and the United States do not change the con- 
stitution of human nature; that mere forms of government 
guarantee neither the character nor the competence of the 
men in office nor the people who elect them. 

The rock whence we were hewn 

Today with communism sweeping through Russia into 
southern Europe, with Fascism sweeping through Italy 
through northern Europe, with both of these forces con- 
tending for supremacy in Germany, with English institu- 
tions striving to withstand the rising tide of Socialism, with 
the repercussions of these movements breaking on Amer- 
ican shores and raising their heads in scattered centers in 
American life, we are called upon to reexamine the foun- 
dations and the superstructure of popular governmental 
institutions, too look to the rock whence we were hewn and 
build upon it. 

In the words of Aycock at the turn of the century, "We 
must not repudiate but develop — we must seek out and 
appreciate our own distinctive traits, our own traditions, 
our own deep rooted tendencies, and read our destiny in 
their interpretation." 

In the spirit of this tradition, city, county, state, and 
federal officials working on the same problems for the same 
people in overlapping governmental units are coming to- 
gether in the practice of concerted action; citizens in dif- 
ferent organizations with overlapping functions in the same 
communities are coming together to coordinate their gov- 
ernmental interests on a statewide scale; teachers and the 
youth of Worth Carolina are making a united and sys- 
tematic effort to bridge the gap between government as it 
is taught in the schools and as it is practiced in the forums 
of the people; all the institutions of all the people are be- 
ing focused upon the governmental problems of all the 
people. 

Out of our own sweat and foil 

This is a vast, cooperative enterprise. As vast as govern- 
ment of the people, but no vaster. With as good a chance 
of success and no better. Here among a homogeneous people 
scattered through a country state with concentration into 
cities just beginning, with two hundred years of common 
ancestry and traditions, with a life as yet not deeply scarred 
by the hard and bitter fighting lines which have too often 
divided the people of other sections into hostile factions, 
Xorth Carolina offers opportunities for cooperative effort 
unexcelled in American life today. Out of our own sweat 
and toil we can together build a unique and distinctive 
governmental movement — the gift of Worth Carolina, her 
governmental institutions and her people, to America and 
the world as the South after seventy years of war, recon- 
struction and rebuilding swims back into the full tide of 
American life. 



November, 1934 



POPULAR GOVERNMENT 



Page Thirteen 



AFTERNOON: 

Place: Memorial Auditorium 
Time: Afternoon 

EVENING: 
Place: Memorial Auditorium 
Time: 7:30 o'clock 



PROGRAM 

1934 Sessions, The Institute of Government, Raleigh, November 15, 16, 17 
THURSDAY, NOVEMBER 15 

REGISTRATION opens at 2 o'clock. Formal opening of Demonstration Offices and 

Clearing House of Governmental information. 
'The Conduct of Elections in North Carolina and Proposed Changes in the Election 

Laws." 

SPEAKER: Maj. L. P. McLendon, of Greensboro, Chairman State Board of Elections. 

Two prominent members of the Republican and Democratic parties will partic- 
ipate in the discussion of the following topics : 

1. Absentee voting. 

2. Separate registration and registration books for party primaries. 

3. Size of voting precincts with relation to the orderly voting at elections. 

4. Frequency of new registrations. 

5. Selection of local election officials. 

6. Supervisory powers and authority of the State Board of Elections. 

7. Rules and procedure for conduct of election contests. 

8. Criminal prosecution of election law violations. 



MORNING: 

Place: To be announced 
Time: Starting at 9:30 a.m. 
and lasting throughout the 
day with the exception of the 
Joint Session at Noon 



NOON: 

Place: Memorial Auditorium 
Time: 12 o'clock 



EVENING: 

Place: Memorial Auditorium 
Time: 7:30 o'clock 



FRIDAY, NOVEMBER 16 

Schools of Officers 

Public officials of Worth Carolina will inaugurate statewide schools of newly 
elected officials to be held in this state between the day of election and the 
day of going into office. 

Schools of Citizens 

Public Affairs Committees and officials of a(l citizens' groups, together with 
interested citizens, will inaugurate schools of citizens to put the people in 
touch with their government and keep them in touch with it. 

School and College Seminars 

Students and teachers from the high schools, colleges and professional schools, 
together with student government officers, will analyze current methods and 
practices of teaching civics and government looking toward curriculum revision 
in the public schools. 

Legislative Programs 

Groups of officials and citizens will formulate their respective legislative pro- 
grams and outline them to the newly elected members of the General Assembly. 

Joint Session, All Groups 

City Councilmen, County Commissioners and State Legislators will meet with 
the Congressional Representatives to discuss the relations of Federal, State 
and Local Governments under the New Deal, with particular reference to 
Taxation, Unemployment Relief and the provisions and implications of the 
Sumner Wilcox Municipal Bankruptcy Bill. 

(All groups of officials and citizens invited to attend this session.) 

Address by Judge Florence E. Allen, of the United States Circuit Court of Appeals 

of Ohio. 
Formal Installation, Board of Trustees, The Institute of Government. 
Address by Dean Roscoe Pound, of the Harvard Law School, Cambridge, Mass. 



MORNING: 

Place: Memorial Auditorium 
Time: 9:30 o'clock 



SATURDAY, NOVEMBER 17 

Reports of Committees and formulation of programs for all groups for the 
coming year. 

Joint Meeting of the State Board of Advisers and the Board of Trustees of 
The Institute of Government. 



Page Fourteen 



POPU^R GOVERNMENT 



November, 1934 



Three Prominent Speakers 

Judge Florence E. Allen, Dean Roscoe Pound and Capt Albert B. Moore Coming to Raleigh 
for 1934 Sessions of The Institute of Government 



Judge Florence E. Allen 

Judge Florence E. Allen, of Ohio, first woman judge of 
the United States Circuit Court of Appeals, will be heard 
Friday evening, N'ovember 16, at the 1934 Sessions of The 
Institute of Government in Raleigh. The prominent 
woman jurist will speak at the Memorial Auditorium at 
7:30 o'clock. 

Leaving a musical career at the call of the first national 
suffrage campaigns, Judge Allen entered into study of the 
law, a profession then masculine. As a suffragette, she 
learned about practical politics from the bosses and the 
liquor crowd as well as from her sister campaigners. 

After a course at "Western Eeserve, Miss Allen went to 
Berlin with her sister Esther to study music. Eeturning 
to Cleveland she became a music critic and teacher, but not 
for long. Woman's suffrage and other social issues were 
in the air. 

She found herself making speeches to small groups on 
the questions of the day. There were two years of law 
study at the University of Chicago, then a period of social 
work among immigrants in ISTew York. She took part in 
Manhattan suffrage rallies, won a law degree at ISTew York 
University, then came home to Ohio with fire for the suf- 
frage crosses. 

Miss Allen had a difficult time finding a law berth in 
Cleveland. However, the directors of the Cleveland Legal 
Aid Society, organized to fight poor people's court battles, 
proved to be generous, and Miss Allen moved into a room 
with a desk and two chairs in their modest offices as the 
league's attorney. She soon became the outstanding suf- 
frage lawyer and one of the Cleveland league's campaign 
leaders. 

In 1916 three Ohio cities gave the municipal ballot to 
women. The prerogative was challenged. Florence Allen 
took up the fight. "When the elections authorities ruled 
out the women's votes she carried the case to the Ohio 
Supreme Court and won it on law. 

in 1919 Miss Allen was known as the best woman law- 
yer in Ohio. She was appointed to the prosecuting attor- 
ney's staff and a year in this office was enough to build 
a solid reputation. In 1920 she was elected to the Com- 
mon Pleas bench. In 1923, running as a non-partisan, 
she was elected to the Ohio Supreme Court, and in 1928 
she was reelected. Judge Allen has worked tirelessly for 
the League of Nations, the "World Court and disarmament. 



Dean Roscoe Pound 

Roscoe Pound, Dean of the Harvard Law School and 
nationally and internationally known author in govern- 
ment and law is coming to ISTorth Carolina to address 
the 1934 sessions of The Institute of Government at the 
Memorial Auditorium in Raleigh Friday evening, ITovem- 
ber 16. 



Dean Pound is recognized as one of the foremost author- 
ities in the world on legal and governmental problems, 
his wide acquaintance with this field being indicated by 
his affiliation with numerous legal organizations in the 
United States and in France, England, Italy and other 
foreign countries. He is a member of the Royal Academy 
of Palermo, Sociata Reale di Wapoli, Academic Inter- 
national de Droit Compare and of the Institut Inter- 
national de Droit Public. 

In this country Dean Pound has served as professor 
of law at the University of ISTebraska. Northwestern Uni- 
versity, and the University of Chicago. 

His books include The Spirit of the Common Law, 1921 ; 
An Introduction to the Philosophy of Law, 1922 ; Law 
and Morals, 2nd Ed. 1926; Criminal Justice in America, 
1930; Lectures on the Philosophy of Freemasonry, 1915; 
Lectures on Masonic Jurisprudence, 1920; Readings in 
Roman Law, 1915 ; Pound's Edition, Ames and Smith's 
Cases on Torts, 1917; Outlines of Lectures on JTirispru- 
dence, 4th Ed. 1928. 

Even though his activities have been largely confined 
to the teaching of law. Dean Pond has been actively identi- 
fied with some of the most important cases in law of the 
past three decades. He ha^s appeared before State Ap- 
pelate Courts and the Supreme Court of the United States 
on numerous occasions. 

A man of wide personality, Dean Pound is both a prom- 
inent Mason and a well known botanist. He has lectured 
frequently on the Philosophy of Freemasonry, Masonic 
Jurisprudence and other Masonic subjects, and at one time 
he served as Director of the Botanical Survey of Nebraska. 

Dean Pound has been one of the national figures inter- 
ested in the work of The Institute of Government. "When 
plans for The Institute were in process of formulation 
he extended the Director of The Institute an invitation 
to study correlated subjects at Harvard Univer.sity for a 
year. This offer carried a scholarship with a yearly 
stipend of $2,700. 

In September, 1932, Dean Pound spoke at the First 
Annual Session of The Institute of Government, telling 
700 North Carolinians gathered from 90 counties that 
he expected to see other states follow North Carolina's 
lead in this cooperative governmental program. It is 
only fitting that he return to this state to speak at the 
Formal Installation of the Board of Trustees of The In- 
stitute at Raleigh on November 16. 



Capt. Albert B. Moore 

Capt. Albert B. Moore, President of the New York 
State Association, Chiefs of Police, and nationally known 
as a director of police schools, will be the chief instructor 
at the School for City, County, State and Federal Law 
Enforcing Officers to be conducted by The Institute of 
Government at Raleigh, November 12-17. 



November, 1934 



POPULAR GOVERNMENT 



Page Fifteen 



Captain Moore, who also holds a commission as captain 
in the Reserve Corps of the United States Army, has been 
a member of the State Police in New York for almost 
20 years. He enlisted as a private and went through all 
the grades to inspector. He has been director of the New 
York State School of Police since November, 1921, approx- 
imately 2,000 men having been graduated from that school 
since its inception. 

He has also served as technical adviser to the President 
of the Eepublic of Cuba on police matters and has been 
supervisor of training schools for that country. Since 
1932, Captain Moore has served as director of the Munic- 
ipal Zone Police Training Schools, State of Virginia, un- 
der the auspices of the League of Virginia Municipalities. 
He has also assisted in training the State Police forces of 
Maryland and New Jersey. 

A writer of no mean ability. Captain Moore was co- 
author of "The Policeman's Art," and the author of the 
^ew York State Troopers Manual. He is also a student 
of law, serving as legal adviser to the Superintendent of 
the New York State Police and chairman of the Law and 
Legislative Committee of the New York State Associa- 
tion, Chiefs of Police, of which he was recently elected 
president. 

Captain Moore is a member of the following organiza- 
tions : National Conference on Street and Highway Safety ; 
Highway Safety Council, State of New York; New York 
State Grange ; President, Police Instructors Association, 
State of New York; Mayors Committee, State of New 
York, Police Training. 



THE 
OBSERVER PRINTING HOUSE 

INCORPORATED 

CHARLOTTE, N. C. 

Respectfully invites your correspondence 
when in need of 

County Record Books Indexes 

Tax Supplies and Systems 

LOOSE LEAF OR BOUND 

All kinds of Special Forms 

Federal Forms, Conditional Sale 
Agreements, etc., for Recording 



FOR OVER FORTY YEARS WE 

HAVE SERVED THE COUNTIES 

AND MUNICIPALITIES OF 

NORTH CAROLINA 




NORTH CAROUNA 



NORTH CAROLINA BONDS 

STATE -- COUNTIES - CITIES 



LEWIS AND HALL 

GREENSBORO. N.C. LONG DISTANCE 972 



Page Sixteen 



POPULAR GOVERNMENT 



November, 1934 




CAPUS WAYNICK, of High Point, 
member of the State Senate and Chair- 
man of the Joint Legislative Committee 
on Constitutional Amendments in the 
General Assembly of 1933. 



THE opponents of the revised Constitution are at- 
tacking under the banner of the People, claiming 
"local government" is in danger and popular control 
of the agencies of government is threatened. It will be 
amazing °if this audacious distortion remains impressive 
after the people examine the facts. 

The revised Constitution is a thoughtful, conservative 
effort to strengthen popular control of government in 



Campaigns for and against the Revised Consti- 
tution came to an end with tlie Supreme Courts 
decision tliat it could not he submitted to the peo- 
pie In the SoTcmber election. But the issues raised 
by this document have not come to an end. They 
did not oriffinate with the Revised ConsUtution and 
they did not end with it They have been fighting 
issues in >'orth Carolina for more than a decade. 
Thev wiU be fighting issues for years to come. 
They are thrown by the Supreme Court into the lap 
of the General Assembly of 1935. The articles here 
presented, written while the controversy was rag- 
ing, are none the less pertinent to living issues. 



North Carolina. It seeks to reduce some of the barriers 
to such control as now exist, and to enable the people 
to regulate their own affairs more efficiently. No popular 
rit'hts are threatened; aU popular guarantees are pre- 
served ; but some privileges of constitutionally bulwarked 
office-holding and some privUeges of constitutionally pro- 
tected property would be removed by adoption of the 
revised Constitution. 



Reauiescat 

Not Dead 

Constitutional 

FOR 

By CAPUS M. WAYNICK 



Constitutions originally were concessions from kings. 
Now they are restraints on popular sovereignty. They 
should restrict office-holders most and the will of the 
people least. That principle animated the commis- 
sion in writing the revised Constitution of North Caro- 
lina. Somewhat less of the structure of government would 
be preserved against the will of the people to modernize 
their institutions if the revised Constitution should be 
adopted. It will be strange, indeed, if those who view 
these amendments with alarm succeed in convincing the 
masses of North Carolina voters that they cannot trust 
themselves in self-government. 

Of course, opponents of the revision are not admitting — 
and doubtless in many instances not seeing — that thej' 
are trying to perpetuate privilege either of office-holding 
or property, and they indulge in vast misgivings about 
what the General Assembly might do with its increased 
power under the revised Constitution. They even attack 
the check on legislative prerogative that the executive 
veto would be. 

Pertinent facts to consider 

Can the opposition delude the people into overlooking — 

(1) The fact that the General Assembly is the political 
instrumentality of the people most directly under popidar 
control. 

(2) That the General Assembly is as nearly the people 
in convention as they come in the ordinary course of 
political events. 

(3) That the revised Constitution would remove the 
present chief inducement to a legislator to forget his 
role as representative, through the provision that a legisla- 
tor may not be named to office he helped create or 
aggrandize. 

(4) That the General Assembly of this state has proved 
its conservative character in the past even with this 
temptation of possible personal reward and has never 
exercised its present constitutional power to do with 
"local government" that which practically all the oppo- 
nents of the revised Constitution say it would be empow- 
ered to do by that document. 

The second reconstruction 

In 1868 North Carolina was painfully picking itself 

out of the ruins of the greatest catastrophe in its history. 

It was told that it needed a new constitution and a new 

constitution it received, whether it willed or not. In 193-4, 

(Continued on page eighteen) 



November, 1934 



POPULAR GOVERNMENT 



Page Seventeen 



In Pace 

But Sleeping 

Revision 



AGAINST 

By L. I. MOORE 

UXDER the modem ruling of our courts it seems 
now to be effectively estabHshed tbat the State 
Constitution is a restriction of the powers of the 
General Assembly, and that its limitations are intended 
for the protection and preservation of the rights of a 
minority, against measures of oppression, injustice or fa- 
voritism which a majority might adopt for the sake of 
expediency or for extension of power to oppress or destroy 
such minority. 

In this condition, it becomes apparent that inroads upon 
these limitations fixed by the Constitution are essentially 
dangerous and should never be permitted to any material 
extent except as required, and essential, to the preserva- 
tion of the government itself and then only in the manner 
in which the people have contemplated that these material 
changes should be effected. 

Open forum recommended 

The securities that are provided by the Constitution for 
personal liberty and preservation of private property are 
such as experience and wisdom have demonstrated to be 
necessary, and so strong is the feeling of their importance 
and so jealous the people, that these rights shall be pre- 
served, I cannot conceive that they would be willing to 
have these limitations materially altered and their Con- 
stitution rewritten except by their representatives duly 
chosen as provided by the Constitution, and assembled 
where full discussion of the merits of any material change 
might be held in the convention thus assembled, where 
every section of the State, every school of thought, as well 
as the wisdom and experience of these representatives of 
the people, might be brought to bear upon any proposed 
change in the Constitution so that its weakness might be 
exposed and its possibilities for abuse fully discussed in 
this open forum. 

The Constitution contemplates in its formation that 
troublous times might arise "when rulers and people would 
become restive under restraint, and seek by sharp and 
decisive measures to accomplish ends, deemed just and 
proper and that the provisions of constitutional liberty 
would be imperiled unless established by irrepealable law." 

A dangerous precedent 

I can imagine no precedent more dangerous than that 
which would permit an appointive commission however 
honest, however wise and learned in the law and experi- 
enced in constitutional rights, to be appointed by any man 




LARRY I. MOORE, of New Bern, mem- 
ber of the State Senate and member of 
the Joint Legislative Committee on 
Constitutional Amendments in the Gen- 
eral Assembly of 1933. 



to re-write the constitution, extending the powers of the 
executive or legislative departments of government with- 
out limitation, or extend these limitations to such an ex- 
tent as to vest in these respective departments unlimited 
power, without first having had every material change 
suggested studied and discussed by their representatives 
chosen for that purpose, and such changes reconciled to 
the absolute preservation of the rights and liberties of the 
whole people to the end that these rights may be protected 



"The next General Assembly shonld submit to the 
people tlie many excellent provisions which were 
embedded with the bad in the solid mass of the 
(Proposed) Constitntion." — Jonathan Daniels in 
The Neics and Observer. 

As to what is "bad" and what Is "good"; whether 
the Proposed Constitution shonld be resubmitted— 
as a unit, or item by item, or at all; whether there 
was need for reTision in the first place; whether 
the Kevised Constitution met this need or whether 
there is need for revision of the Eevised Constitu- 
tion, honest men may honestly differ. Now and not 
later is the time for expressing these differences. 



"in all classes and at all times and under all circumstances." 
For the above reasons as well as for my opposition to 
some of the material changes that are suggested in the 
Constitution, I. opposed its submission in the Senate and 
insisted that a Constitutional Convention should be called 
to make these material changes, if the same should be 
deemed necessary, and I was not willing to submit to the 
people of the State proposed material changes in their 
(Continued on page twenty-four) 



Page Eighteen 



POPULAR GOVERNMENT 



November, 1934 



CONSTITUTIONAL REVISION 

(Continued from page sixteen) 
North Carolina, engaged with its sister states in pulling 
itself bj- its own bootstraps from the abyss of the second 
greatest economic catastrophe in its history, undoubtedly 
needs a new constitution; but there be those now promi- 
nent in our midst, who tell us that we can't have it. 

There are three general reasons why we are told we 
can't have it, and any number of specific reasons. I 
propose to examine the general reasons before passing 
to the more important of the specific ones. 

What would Jefferson say? 

In the first place, we are told that the jjroposed Con- 
stitution is founded upon the wrong theories and philoso- 
phies of government ; that it provides for too much cen- 
tralizing of power; that it violates the noble principles 
laid do^^Ti by the founding fathers in general and Thomas 
Jefl:erson in particular. 

That part of this criticism which pretends there is an 
over-centralization will be thoroughly exploded in the 
more specific discussion to follow. 

That part of the criticism which calls upon the shades 
of Thomas Jefferson is pure force of habit — the common- 
est weapon in the bag of tricks of every Fourth of July 
orator in the country who has a weather eye on the ballot 
box. In this instance, it falls of its own weight for all 
those who examine into it. A comparison will show that 
the proposed new Constitution is much more similar in 
fundamentals to the Constitiition of 1776 adopted by 
the founding fathers than is the present Constitution. 
Thomas Jefferson, charged with the paternitj' of the 
proposed constitution, might raise an inquiring eyebrow; 
charged with the paternity of the present one he would 
surely sue for slander. In his own hands he wrote a 
Constitution for the State of Virginia which contains 
none of the helter-skelter substitutes for legislative discre- 
tion now sought to be perpetuated in North Carolina. 

Do the worthy opponents know their history? 

If Jefferson's probable judgment of this Constitutional 
disagreement is important, can it not be said that they 
belittle the political wisdom of Jefferson who would try 
to crowd his philosophj' into the narrow confines the op- 
position aUots it in this debate? Jefferson's Virginia 
constitution provided for the election merely of the mem- 
bers of the General Assembly and even allowed the 
General Assembly to elect the governor. Isn't it a 
strained concept of Jeft'erson's views of popular govern- 
ment to represent his shade as horrified by substitution 
of an appointive board of education for an elective one ? 

Jefferson sought to make government flexible to the 
people's will. He wrote that "the earth belongs in 
usufruct to the living generation" and advocated, in his 
own writings, the revision of constitutions every 19 years 
in order to insure their flexibility and their service of 
the purposes of the living generation. Jefferson ap- 
parently^ really believed in the capacity of the people 
for self-government. Those who point in this contro- 
versy to the possibilities of the abuse of power bj- the 
people's representatives are kindred spirits not of Thomas 
Jefferson but of those who opposed democratic constitu- 



tions originally and sought to keep stable, autocratic 
government in power. 

No rights of the people endangered 

None of the guarantees of the bill of rights has been 
eliminated from the constitution by the revision. None 
of the people's rights is endangered. Certam privileges 
of the few are proposed for removal — privileges of office- 
holders in some cases and of property owners in others, 
and that's what should be made clear to the people before 
they barken to the call of those who have the nerve to 
advance themselves as champions of popular government 
while really arguing that the people require protection 
against themselves ! 

It is not the wisdom of Jefferson and his political 
school which we abandon if we abandon our present 
Constitution. 

Second, we are told that the proposed Constitution 
is a shield for ' ' the interests. ' ' "What ' ' interests ? ' ' They 
have not been specified, for those who conjure them up 
know full well that no names can be so sinister and ef- 
fective as the mystic mention of some hidden force — 
powerful, villainous, but nameless. Perhaps we can name 
"the interests" and their tools who would grind down 
upon the poor people of North Carolina the eternal yoke 
of poverty and desperation. There is Frank Graham, 
President of the University, who has fought in the cause 
of social reform in the state ever since he put on long 
pants. Ah, he is Public Enemy No. 1. There is Governor 
Ehringhaus, who has spared no efforts to obtain reason- 
able prices for North Carolina tobacco and cotton farm- 
ers and who is now trying to secure cheaper gasoline 



MADE 



N CAROLINA 




VITRIFIED GLAZED CLAY SEWER 
PIPE for SANITARY SEWERS 

DRAIN PIPE : DRAIN TILE 
and other 

CLAY PRODUCTS 

FLUE LINING 
WALL COPING 



November, 1934 



POPULAR GOVERNMENT 



Page Nineteen 



for the citizens of the State. Ah, "the interests" also 
have him ia the bag. There is Clarence Poe, who spends 
half his waking hours striving for more widespread home 
ownership in the state and who has fought the farmers' 
fight when the farmers were face to face with the wolf, 
the tax collector and the mortgage company. Ah, he, 
too, is in the bag of "the interests." These are but 
three true men among many who favor the proposal ; and 
if these be the interests for whose sponsorship the pro- 
posal is damned, such damnation but entitles it to 
unanimous adoption. 

The sins of omission 

The third general reason advanced against the pro- 
posal is a will-o-the-wisp. It consists in saying, "I op- 
pose the proposal as much because of what it doesn't say 
as because of what it does say." This, gentle reader, is a 
criticism which cannot be answered. As fast as one 
omission is explained and justified, another is brought 
forth to the slaughter. Such a process can be continued 
as long as the mind of a determined die-hard has left 
a spark of imagination, ingenuity or hallucination. Suf- 
fice it to say that those who now complain of these omis- 
sions were invited, nay urged, to contribute their ideas 
to the Commission, — and they barkened not. After the 
Commission had finished its work and before the legisla- 
ture met, did these gentlemen specify wherein the pro- 
posal lacked? They did not. Duriag the long days of 
the 1933 legislature, did these gentlemen appear and 
contribute of their wisdom to the men who had power 
to change the proposal? They did not. But now, when 
the proposal must be submitted without the benefit of the 
advice which they could have given, they drag forth 
these alleged omissions in an attempt to ride the band- 
wagon of political prestige while beating loudly upon the 
empty drums of prejudice and apathy. Their love for 
the people developed only after their opportunity to build 
for the people had passed, and when nothing remained 
for them except to build for themselves. 

What is meant by "useful" 

What, now, are the more specific reasons why we are 
told that we cannot have the proposal? First, say its 
opponents, because it would remove "every definite and 
useful restriction on the power of taxation." Note that 
word "useful." Does it refer to the famous 15c limita- 
tion on the county tax rate? The legislature can change 
that. The average county tax rate last year was over 
a dollar. Extraordinarily useful, that limitation. Does 
it refer to the limitations on city tax rates or on city 
and county business license taxes? There are no such 
limitations. Does it refer to the limitation that local 
taxes can be levied without a vote of the people, only for 
"necessary expenses?" Under that limitation, more 
than one hundred and fifty towns in this state have found 



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Financial Statement — June 30, 1934 

ASSETS 

Cash $ 808,993 

First Mortgage Loans 16,408,636 

These loans were made on a basis not to 
exceed 50% of a conservative valuation. 

Bonds and Stocks 9,945,065 

Bonds carried on amortized basis. Listed 
securities at market value as of June 
30, 1934. 

Real Estate 8,290,723 

This includes our seventeen-story Home 
Office Building. 

Loans to Our Policyholders 13,222,083 

Fully secured by tlie c;ish values of their 
policies. 

Preminm Notes and Liens 4,680,153 

Fully secured by oush values of policies. 

Interest Dne and Accrued 930,753 

Net Premiums in Course of Collection 1,904,379 

All Other Assets 293,607 

Total Admitted Assets $56,484,292 

LIABILITIES 
Policy Beserres $50,552,842 

This amount represents the reserve re- 
quired by law to assure prompt payment 
of policy obligations. 

EeserTC for Policy Claims 392,000 

Claims in course of settlement on which 
proofs liave not been received. 

ReserTC for Taxes 239,971 

Premiums and Interest Paid in Advance.. .. 445,763 

Dividends Left at Interest 537,820 

Keserve for All Other Liabilities 43,639 

Medical and inspection fees, bills not yet 
presented, etc. 

Dividends for Policyholders 572,257 

Special Reserve 1,000,000 

A fund to take care of depreciation on 
real estate and investment fluctuations. 

Total $53,784,292 

Capital and Surplus 2,700,000 

These funds are an additional guarantee 
to meet all obligations. 

To Balance Assets $56,484,292 

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JULIAN PEICE, PRESIDENT 



Page Twenty 



POPULAR GOVERNMENT 



November, 1934 



enough necessary expenses to require them to borrow 
more than they can repay, and now, despite the levy 
of taxes as high as their authorities dare to make them, 
are in default upon their obligations. Can anything be 
more mirthlessly ridiculous than the spectacle of our op- 
ponents appealing for the retention of this "useful" 
limitation when their audience, in order to hear the ap- 
peal at all, must first free their ears of the resounding 
echoes emanating from the crash of our municipal credit? 
The proposal would place in the people and in the people 
alone the power to authorize any increase in local debts. 
Yet now come the opponents of the proposal, those eminent 
champions of the people, urging that the people accept 
not this power to control their own debts, but rather re- 
tain those present "useful" limitations which have 
brought us to the core of disaster and the brink of 
repudiation. 

The poll tax! Well, what of it? 

"But, ah," say our opponents, "you have forgotten 
about the poll tax. There is a definite restriction." 
Dear me, there has been some wild talk about the poll 
tax. Our opponents have urged that under the proposal 
the legislature could raise the poll tax so high as to dis- 
franchise all but a few of the wealthy. In the first place, 
this shows shocking ignorance of our present system ; for 
payment of poll tax is no prerequisite to voting. But, 
forgetting this minor, though wilful, perversion of the 
issue, and conceding that it would be annoying if it took 
a year's salary to pay poll tax, is it conceivable that a 
legislator, who receives more votes from those who pay 
poll tax than from any other type of taxpayer, would 
discriminate against these the most numerous of his con- 
stituents? Would an entire legislature thus commit politi- 
cal suicide en masse ? 

The "uniform rule" has failed 

Let's consider for a moment the "usefulness" of the 
"Uniform Rule" in the ad valorem taxation of property 
in North Carolina. We have been told that we should 
worship this rule, because it is a guarantee of just and 
equitable treatment of property owners. What are the 
facts ? 

In the present constitution this rule requires that "laws 
shall be passed taxing by uniform rule all moneys, credits, 
investments in bonds, stocks, joint-stock companies, or 



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otherwise ; and also, all real and personal property, ac- 
cording to its true value in money." This rule has not 
prevented : 

(1) The exemption of all corporation stocks from ad 
valorem taxation. 

(2) The exemption of all growing crops from ad 
valorem taxation. 

(3) The exemption of municipal bonds from ad 
valorem taxation. 

(4) Permission to deduct the taxpayer's debts from 
the value of his intangible property and from the value 
of his own farm produce without any corresponding per- 
mission to deduct debts from the value of other tangible 
property. 

(5) The use of one system of valuing property owned 
by individual taxpayers ; a second system for valuing 
property owned by ordinary corporations; and still a 
third system for valuing the property of railroads and 
other utilities. 

(6) The lodgment of power to assess property for 
taxation in the hands of more than one hundred assess- 
ment boards acting independently of one another. 

The present constitution does prevent and the re- 
vised constitution woidd permit the classification of 
property for taxation in such manner as to encourage 
home ownership and to promote the protection and de- 
velopment of the natural resources of the state. 



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November, 1934 



POPULAR GOVERNMENT 



Page Twenty-one 



As a matter of fact, of coiirse, the present constitution 
neither contemplated nor accomplished anything remotely 
resembling uniform ad valorem taxation of North Caro- 
lina property. All ad valorem taxation now is imposed 
in the sub-divisions of the state, and the rates vary from 
$.36 in Cleveland County to $100.00 of value to $2.23 in 
Clay on the $100.00. The "Uniform Rule" by any test 
has been of little practical importance to the taxpayer 
as a protection against injustice. "While it has presented 
no barrier to semi-classifications of property which are 
haphazard at their best and discriminatory at their worst, 
it nevertheless presents a barrier to constructive progress. 

In 1932, the commission set up by the National Tax 
Association to formulate a model state and local tax plan 
reported its plan to the Association, and in connection 
with that report directed attention to the fact that the 
"Uniform Rule" remains in the constitutions of several 
states and would need to be eliminated before any 
scientific, modernized plan of taxation could be adopted 
by those states. 

Limitations on what? 

It is apparent that these "useful" restrictions, so high- 
ly touted, have nothing to do with local taxes and debts. 
Perhaps thej' were intended to refer to state taxes and debts. 
Do they refer to limitations on the sales tax, the gasoline 
tax, the automobile license tax, the business license tax, 
the franchise tax or the inheritance tax? There is not 
a single limitation on any of those taxes. Do they refer 
to the limitation on the state property tax? The legisla- 
ture under the present limitation could undertake to sup- 
port the entire, state-wide, six months school term out of a 
state property tax, and then levy 5c additional for good 
measure. Do thej- refer to the limitations on the state's 
debt? The proposal restricts the power to contract state 
debt more stringently. They must refer, then, only to 
the 6 per cent limitation on the rate of the income tax. 
But to whom is that limitation "\iseful?" The present 
maximum 6 per cent rate is being levied only on corpora- 
tions and on individuals having more than $6,000 per 
year in net income. It is to these taxpayers and these 
only that this 6 per cent limitation is "usefuL" Truly, 
now, "the interests" seem to be in strange company. 

Would you elect legislators from Dix Hill? 

Secondly, we are told that under the proposed Con- 
stitution the legislature could take away from the people 
the privilege of electing any local officers, that the 
governor could be permitted to appoint all such officers, 
and thus build a political machine which could dominate 
the state for its own sinister purposes. Here is an argu- 
ment inconsistent upon its face and belied by the whole 
current of our history — a raw, unreasoning demagogic 
appeal fit to take its place alongside the famous promise 
of forty acres and a mule. Ever since 1868 our legislature 
has had the power to allow the Governor to appoint every 
city and town official and every county official except 
the clerks of the Superior Court, the Sheriffs, constables, 
coroners and some Justices of the Peace. Has it exercised 
that power? Has it given any indication that it was in- 
clined to exercise it? It has not. Nor will it ever be 
inclined to do so unless the people of the state comb the 



cells of the state 's hospitals for the insane for their legisla- 
tive nominees. 

At present, safeguards are lacking 

Take the matter from another angle. Does this pro- 
vision take away any safeguards on the right of the people 
to elect county commissioners or city aldermen — the of- 
ficials who run our local governments who levy our taxes 
and hold the public money bags? It cannot, for the 
present Constitution contains no such safeguards. Does 
it take away any safeguards on the compensation of Clerks, 
Sheriffs, Coroners, Constables and Justices of the Peace? 
There are no such safeguards; and the legislature could 
now reduce the compensation of these offices to such a 
point that no responsible citizen would seek them, and 
the right of the people to elect would become a farce. 
And having reduced their salaries to a nominal sum, the 
legislature could transfer many of their duties to other 
appointed officials. 

An inconsistent argument 

Finally, this argument is inconsistent upon its face. 
The gentlemen of the opposition are deposing, in effect, 
as follows: the legislators, though elected by the people, 
cannot be trusted to preserve the right of the people to 
elect a reasonable number of their local officers. This 
means that the Constitution should guarantee the right 
of the people to elect other officers because the people 
cannot be trusted to elect sane legislators. The opposi- 
tion thus starts from the premise that the right to elect 
legislators, which is guaranteed, means nothing because 
the people cannot be trusted. Why, then, are these so- 
called friends of the people, who yet distrust the people 
id this respect, so insistent upon guaranteeing +he right 
of the people to elect other officials who, according to their 
own line of reasoning, might well be crazy also. Here, 
indeed, is a riddle which the gentlemen of the opposition 
should have answered for the Commission when they 
had such an ample opportunity. 

Waving a red flag 

Thirdly, we are told that the proposal involves a "short 
ballot." The purpose of using this argument is simple. 
When a bull sees a red flag he does not think — he charges. 
The same principle is involved here. The opposition is 
crying "short ballot" in the hope that every voter who 
hears that phrase will not pause to examine into its cor- 



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Page Twenty- two 



POPULAR GOVERNMENT 



November, 1934 



rectuess, but will charge to the polls and vote against 
the proposal. To lend the argument the color of reason 
and a surface appearance of sanity, the opposition cites 
two things. One is the right of the people to elect their 
local offlccrs, which has just been relegated to a place 
low enough to approximate its true position. The other 
is the fact that the proposal provides for an appointive 
Board of Education. This argument is both devious and 
preposterous. The present Board of Education consists 
of the Governor, the Lieutenant Governor, the Secretary 
of State, the Treasurer, the Auditor, the Attornej'-General 
and the Superintendent of Public Instruction. Under the 
proposal the people will continue to elect all of those of- 
ficers. There is thus clearly no numerical shortening of 
the ballot. "Short ballot" is cried solely because these of- 
ficers, other than the Superintendent of Public Instruc- 
tion, will be deprived of their educational duties. The 
matter becomes more and more preposterous. 

Under the present system, 95 per cent or more of the 
duties of these officers have nothing to do with educational 
duties. In electing them, the people must look to their 
qualifications for their major duties and must trust to 
pure chance as to whether they are qualified to serve 
on the Board of Education. How many campaigns for 
Governor or Attorney-General or State Treasurer have 
hinged on a candidate's qualifications to sit ou the Board 
of Education? None in your memory or mine. Under 
the present system it is true beyond doubt that the people, 
though they elect the members of the Board of Education, 
are denied any opportunity of weighing the qualifications 



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of members of the Board. Under the proposal, on the 
contrary, the people, through their duly elected representa- 
tives, must approve every man appointed to the Board, 
and will have an opportunity to judge of his particular 
qualifications. It is this provision, which gives to the 
people a greater opportunity to pick and choose the Board 
of Education than they have ever had before, which the 
gentlemen of the opposition have chosen to decry as 
embodying the "short ballot." 

No ballot to be shortened 

Before leaving this subject, witness also this fact. The 
real executive authority in our state school system today 
is the state School Commission — not the ex officio Board 
of Education; and eleven of the fifteen members of that 
Commission are appointed by the Governor, without the 
legislature having any chance to reject or confirm his ap- 
pointees. Here, indeed, is a ballot so short as to be non- 
existent. Our learned friends are barking up the wrong 
tree when they cry "short ballot" here. There "ain't" 
any ballot to be shortened. 

No dictatorship anticipated 

Fourth, we are told that by giving the Governor a veto 
power and failing to safeguard the appointive power 
properly, the Governor will be enabled to twist the entire 
legislature around his grasping fingers and prostitute aU 
the power in the state for his private, political purposes. 
Already we have seen that our opponents distrust the 
ability of the people to elect a legislature. Now we find 
that they distrust the ability of the people to elect a 
Governor. In what do they trust? 

Note that this argument assumes that the Governor 
and at least a majority of the legislature will come to 
Raleigh with an intent to engage only in bribery and cor- 
ruption ; that they will become conscious plotters against 
the welfare of the people. If this be true, it has been 
true for the past one hundred and fifty years, oui- fore- 
fathers were wrong in the first place for adopting our 
representative system of government and we are wrong 
in retaining it. Passing this by as the absurdity it is, 
what does the veto power mean? It means that the 
Governor should have some responsibility for legislation 
for which his administration must take the credit or the 
blame. It means that he should have some means of re- 
quiring the legislature to reconsider hastj' or ill-considered 
legislation. If he vetoes an act, a majority of the mem- 
bership of each house may pass it over his objection. 
Here obviously there is no sinister possibility of dictator- 
ship such as our friends are insinuating. Here is only 
a constructive addition to our system — a device for re- 
quiring the legislature to reconsider its actions in the spot- 
light of public attention which has been directed to that 
action by the Governor's veto. 

Trading votes for offices 

Now about that appointive power. The Governor alone 
now has the appointive power. Under the proposal the 
Senate would have to approve his general appointments. 
Under the present system, a member of the General As- 
sembly can be appointed to any office during his term. 
Under the proposal he could not be appomted to any 



November, 1934 



POPULAR GOVERNMENT 



Page Twenty-three 



ofSee created during his term nor to any ofBce the salary 
for which was increased during his term. It is perfectly 
clear that the proposal alone contains safeguards against 
nefarious trading by which a legislator votes for the 
Governor's measures in return for a promise of appoint- 
ment to a state ofiSce. And the proposal alone will com- 
pletely prevent a legislator from urging creation of a 
new office in the hope that he will be appointed to fill it. 

Appealing to ignorance 

Finally, we are told that the proposal writes into the 
Constitution the principle of the absentee ballot. Here 
again is a place in which our opponents rely solely upon 
the hope that many in their audience will merely accept 
the statement as true without investigation. It is an at- 
tempt to marshal the forces of ignorance to march under 
the banner of the opposition beside the forces of prejudice 
and apathy. The truth is that under the present Con- 
stitution there are no restrictions on the absentee ballot. 
Such restrictions as are now placed on its use are placed 
there solely because the legislature willed it so. The 
legislature can take them off if it so desires and, if our 
opponents' opinion of the untrustworthiness of the legisla- 
ture is correct, some day it probably will take them off. 
The proposal merely writes into the constitution the 
present legislative restrictions on the use of the absentee 
ballot. It would forever prevent removal of those restric- 
tions ; but it does not require that the absentee ballot be 
retained. It does not even insinuate that it should be 
retained. Here again, our opponents, loudest in their 
denunciations of the evils inherent in the absentee ballot, 
loudest in their avowals of love for the people, come now 
and advise the people to refuse the only direct opportunity 
the people have ever had to restrict its use. 

Objections without end 

So much for the specific objections of our opponents. 
We have dealt with the most important of them. There 
will be new ones tomorrow. There will be newer ones 
produced from time to time right up to the eve of the 
election. If the future character of the opposition is to 
be judged upon its past record and leadership, these new 
objections will be just as devoid of the saving qualities 
of logic as are those we have discussed. 

The great tragedy of this campaign has been that the 
proponents of the new Constitution have had to spend 
the greater part of their time, as we have had to do in 
this article, sweeping away the imaginative objections 
of the opposition, which have no other claim to dignity 
than that of constant repetition. In no other way can 
these fallacies be cleared from the minds of those who 
have not the time nor the opportunity to analyze the two 
documents for themselves. 

A constructive constitution 

Before closing, however, I wish to present a few of the 
many constructive things in the proposal. We have al- 
ready touched upon the Governor's veto and the new 
Board of Education. Those things are constructive — 
the first because it provides a recooking process for legisla- 
tion jerked from the griddle raw; the second because it 
places the management of our public school system in the 



hands of a group specially qualified and approved by our 
elected representatives. Further, the proposal would al- 
low the state, for the first time, to adopt a sound, scientific, 
modern system of taxation ; it would write the principle 
of the executive budget into our fundamental law ; it 
would place in the hands of the people alone the power 
to increase our local debts ; it would specifically direct the 
legislature to encourage home ownership, the conserva- 
tion of soil and all natural resources, and to use the 
taxing power to attain those ends; it would direct the 
legislature to adopt a broad, modern social welfare pro- 
gram ; and it would provide us with much needed reforms 
in a court system weighted down with the press of 
twentieth century business while bound by the chains of 
nineteenth century regulations. 

Assuring tomorrow's progress 

In Constitutions man looks to the future. Because of 
the limitations of his own mind he regards the future 
in the light of the present. The chief essential difference 
— almost the only essential difference — between the pro- 
posed and the present Constitutions is that the proposed 
looks to a future regarded in the light of a modern-day 
present, whereas the present Constitution looks to a future 
regarded in the light of a present dead and gone these 
sixty-six years. The proposal looks to a future which 
is still a future ; the present Constitution looks to a future 
which is now a past. Will your vote be cast to live in a 
progressive future or in a glorious, but recumbent past? 



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Page Twenty-four 



POPULAR GOVERNMENT 



November, 1934 



CONSTITUTIONAL REVISION 

{Continued from page seventeen) 

Constitution, to many of whieli I was myself opposed, and 
tiie manner in which they were suggested was not in my 
view the method which should he pursued if these changes 
were to he adopted. 

Constitutional convention 

It was never contemplated and I respectfully submit 
should never be allowed that any one man should appoint 
a commission to rewrite the Constitution and that this 
should be adopted without being first considered by a regu- 
larly elected, organized and qualified Constitutional Con- 
vention elected and assembled for that purpose. 

WTien the General Assembly had the question of sub- 
mitting this Constitution before it for consideration, it was 
urged upon the membership that the vote to submit the 
Constitution to a vote of the people would not in any 
respect compel the members to support it when so sub- 
mitted; this was not my view and I then announced that 
I could not vote for the submission to the people of a 
Constitution for the State for their adoption, which I could 
not myself support. 

The work of the Commission which was appointed by 
the Governor was not confined to preparing amendments to 
the Constitution, but the entire instrument was rewritten 
with material changes in every important article of the 
original Constitution, and the powers that would be granted 
bv the new Constitution to the legislative and executive 



Government" 

"What are the functions of government ? 
Should it be designed for the purpose 
of making and enforcing laws regulat- 
ing the conduct of its subjects, or should 
it deal principally -with expensive ven- 
tures into private business and thereby 
■ stifle the initiative of its citizens? 

There is but one answer — it may be 
found by studying the experience of 
government in business. Business is 
successful under private operation. 
Affairs of government are most suc- 
cessfully handled by statesmen. Poli- 
ticians can wreck either. 



CAROLINA 

POWER & LIGHT 

COMPANY 



departments of government without limitations impose few 
safe guards against their abuse, and the fact that we may 
have confidence in the present body or present officers is 
no protection against the abuse of these powers. 

The views of Jefferson 

Thomas Jefferson in writing on this question said : "It 
would be a dangerous delusion were a confidence in the 
men of our choice to silence our fears for the safety of our 
rights. Confidence is everywhere the parent of despotism ; 
free government is founded in jealousy, not in confidence, 
which prescribes limited constitutions, to bind down those 
whom we are obliged to trust with power. Our Constitu- 
tion has accordingly fixed the limits to which, and no 
further, our confidence may go. In questions of power, 
then, let no more be heard of confidence in man, but bind 
him down from mischief by the chains of the Constitution." 

In the present Constitution it is provided : "All political 
power is vested in and derived from the people; all gov- 
ernment of right originates from the people, is founded 
upon their will only, and is instituted solely for the good 
of the whole." And it is further provided : "All powers 
not herein delegated remain with the people." 

Power to the legislature 

These provisions are not carried forward in the proposed 
ISTew Constitution, but it is in this instrument proposed 
that the legislative authority "shall be full and complete, 
except as limited in this Constitution." This change shows 
that it was the purpose of the Commission to practically 
give to the Legislature uncontrolled and unlimited 
authority. Wlien we review the history of the decay of all 
democratic governments, it is instantly recognized that this 
procedure has been the beginning of the destruction 
of democracy. 

It is proposed in the ISTew Constitution to practically 
destroy local self-government and make it subjective to the 
control of appointive commissions and the fiscal affairs of 
local units of government as well as the local government 
itself would be under control of a central power exercised 
by an appointive commission with controlling authority 
instead of advisory power. 

Under the proposed Constitution even the Supreme 
Court itself, the bulwark of protection in the construction 
of the Constitution, would be subjected to any will of 
autocratic government, and the executive and legislative 
departments could change the membership of that Court 
at their will, if such change was necessary to procure a 
favorable opinion on the great questions of government 
that might come before it. 

The power of taxation 

The power of taxation is left to the Legislature without 
any material limitation and under the provisions of this 
New Constitution, the General Assembly woiild be vested 
with the power to destroy any particular species of prop- 
erty by taxation and by classifications which they might 
adopt, and by fixing a rate of taxation on other property 
without limit, and the proposed ISTew Constitution would 
destroy all protection which the people now have against 
the confiscation of their property by means of excessive 



November, 1934 



POPULAR GOVERNMENT 



Page Twenty-five 



taxation. The present Constitution requires the "taxation 
of property by uniform rule according to its true value in 
money." The proposed N'ew Constitution destroys this 
provision which is the safe-guard against the special privi- 
lege and favoritism of particular groups. 

Serious opposition to various other sections of the pro- 
posed 'New Constitution in detail have been made and 
urged as reasons why the electorate should refuse to adopt 
this Constitution. With many of these reasons and argu- 
ments I fully concur. I am in accord with some of the 
proposed changes in the Constitution when properly made 
by a convention called for that purpose. As time has passed 
and thought and consideration have been given to the pro- 
posed changes, opposition thereto by thoughtful men has 
increased, and there is a constantly increasing feeling that 
the merits or demerits of these various provisions cannot be 
adequately discussed and decided by the electorate and that 
the only safe course for the people of the State to follow 
is to defeat the proposed Constitution in toto. 

Provisions for revision 

It was never contemplated that the Constitution should 
be written by any commission nor that it should be rewritten 
in any manner except as is provided in the Constitution 
itself, that is by a convention duly assembled as required by 
this instrument. Section 1, Article XIII of the Constitu- 
tion provides: "Section 1. Convention, Hoxv Called. No 
convention of the people of this State shall ever be called 
by the General Assembly, unless by the concurrence of two- 
thirds of all the members of each House of the General 
Assembly, and except the proposition, Convention or Tfo 
Convention, be first submitted to the qualified voters of the 
whole State, at the next general election, in a manner to be 
prescribed by law. And should a majority of the votes be 
cast in favor of said convention, it shall assemble on such 
day as may be prescribed by the General Assembly." 

This is the manner in which any Constitution should be 
rewritten. It is not contemplated in any section of the 
Constitution that a ISTew Constitution should be drafted 
and submitted to the people without having first their 
approval for a convention through the General Assembly 
and after submission to a vote of the whole people of the 
State. The calling of this convention is made more difficult 
by the provisions of this section for the clear purpose of 
preventing ill-advised, unconsidered or impulsive procedure 
in redrafting this vital and important instrument, and 
requires first the two-thirds vote of the members of the 
House and then that the proposition shall be submitted to 
the entire people of the State before a convention shall be 
assembled to rewrite the instrument. 

Should these safe-guards be disregarded by the method 
and in the manner that is now proposed ? 

No other provision 

There is no other provision in the Constitution for a 
manner of rewriting this instrument. kSection 2 of Article 
XIII does provide that it may he amended and the manner 
in which these amendments shall be adopted, and clearly 
these provisions relate only to amendments and not to a 
redrafting of the instrument. Section 2, Article XIII pro- 
■vddes: "Sec. 2. How the Constitution May Be Altered. No 
part of the Constitution of this State shall be altered unless 



a bill to alter the same shall have been agreed to by three- 
fifths of each House of the General Assembly. And the 
.amendment or amendments so agreed to shall be submitted 
at the next general election to the qualified voters of the 
whole State, in such manner as may be prescribed by law. 
And in the event of their adoption by a majority of the 
votes cast, such amendment or amendments shall become 
a part of the Constitution of this State." This clause 
clearly was intended to limit any alterations that might 
be made and was never intended to cover a rewriting of 
the entire Constitution. 

It is not a question but that in calm and orderly times 
the administration of increased powers and authority as 
allowed by the ISTew Constitution, without limitation, might 
not be abused ; but there come times in the life of the State 
when changing political control or unlimited executive or 
legislative authority might be abused and it has frequently 
occurred that those in position of power have assumed and 
reached out for an extension of their authority and control 
with a reckless disregard of the minority in their liberty 
and property which in calmer periods would not be thought 
of or suggested, and it is against this time and condition 
that these rights should be preserved and unless they are 
retained in limitations in the Constitution itself, the people 
have forever sacrificed the possibility of their protection. 

An old question 

For twenty years or more there has existed a sentiment 
that a convention should be called to revise the Constitu- 
tion ; and during this same period there has also been a 



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Page Twenty-six 



POPULAR GOVERNMENT 



November, 1934 



growing tendency to reach out for extended authority and 
power in the various divisions of the government and the 
departments thereof, the contention being made that these 
extensions of power and authority were made necessary by 
the changed conditions of the times; still, there has been a 
continued refusal to call a constitutional convention in the 
manner provided, and in attempting to meet the condition, 
without allowing the people of the State to have their own 
representatives duly elected for that purpose to frame, 
rewrite or amend the Constitution, the General Assembly 
of 1931 provided for the appointment of a Commission by 
the Governor to rewrite the Constitution, instead of calling 
for the convention and submitting this call to the people 
for their approval, I repeat that this is a most dangerous 
precedent in democratic government and its approval at 
the polls will in my view result in ultimate disappointment, 
if not disaster. 



Eight Objections 

By JAMES H. POU 

I HAVE carefully read the proposed submission for our 
present Constitution. I have compared the said pro- 
posal with our present organic laws. I see in the pro- 
posal a number of propositions for which I would be glad 
to vote, if submitted upon their separate merits. Among 
the provisions for which I would be glad to vote are the 
following : 

(a) The proposition to limit the making of new debts 
by any of the subdivisions of the state. 

(b) I would favor the changes in criminal procedure. 

(c) I would favor prohibiting the appointment of a 
member of the General Assembly to any office created, or 
the salary of which was increased, by the General Assembly 
of which he was a member. 

(d) I would be glad to support the budget provision, 
if it were to provide that the budget should be submitted 
to the members of the General Assembly ten, or even 
thirty, days before the General Assembly meets. It seems 
strange that the budget should be submitted within the 
first ten days of the session. 

(e) I would favor the transfer from the Governor to 
the Supreme Court of the right to designate judges to hold 
special terms of court, etc. It seems to me that this is a 
function which naturally belongs to the Supreme Court 
and should be performed by the Court in banc during 
term, and by the Justices of the Supreme Court, begin- 
ning with the Chief Justice ; then following in the order 
of priority during vacation. I regret that this provision 
was not made more elaborate. 

(f) I like the proposed Judicial Council and giving it 
the power to prescribe practice and procedure. Congress 
has given the Supreme Court of the United States the 
right to prescribe procedure and rules in equity, and it has 
worked splendidly. Recently, Congress has given the 
Supreme Court the right to prescribe rules of practice in 
law matters, and I am hoping much from it. 

(g) I like the change in the insurance section. Article 
"VIII, Section 7. My friends, Hon. H. S. "Ward and Hon. 
John "W. Hinsdale, secured Constitutional Amendments 
and Acts which greatly improved the former law. The 



change in the proposed Constitution improves their work 
and, I think, makes it perfect. 

Eight objections 

There are other proposals in the new Constitution which, 
in principle, I favor, but not in the form presented. My 
objections to the proposed Constitution are : 

1. A tendency — I might go further and say an urge or 
an impulse — toward the short ballot and the reduction of 
the number of officers for whom we can vote. I like to 
vote for those who are to enforce the laws; and I have 
found officers selected by the people fully up to the standard 
of those selected for the people. I am old fashioned 
enough to believe that the people are competent to select 
their officers; and I am opposed to any tendency to 
diminish the number of elective officers. I agree that the 
new Constitution does not require an increase in the 
appointive and a decrease in the elective officers, but it 
encourages a tendency toward the short ballot. 

2. For the first time, the absentee ballot is recognized by 
the new Constitution. It seems to me the absentee ballot 
should be restricted to its original purpose — that is, to allow 
soldiers required to leave home and serve their country to 
exercise the ballot. Instead of endorsing it by placing it in 
the Constitution. I would favor suspending the operation of 
the absentee ballot unless or until war should break out. 
Then, let it be put into eilect by proclamation of the Gov- 
ernor and apply to soldiers away from home. 

3. I would not favor the proposition to remove the 
Constitutional status of clerks of the courts and sheriffs. 
Those officers are very near the people. "We must come in 
contact with them throughout life. They have long been 
officers of dignity and importance. They have represented 
in every county the sovereignty of the State. They are 
grounded in the Constitution as much as are the Governor, 
the Judges, and the General Assembly. I see no reason why 
these offices should be changed in their dignity and made 
amenable to any whim of the General Assembly. I fear 
that we have in the United States entirely too many officers ; 
but I do not think we will be helped by lessening the 
dignity or authority of those we have. "We should add to 
their responsibilities and require of them more service. 

4. Another proposal I regret is that to place the number 
and personnel of the Supreme Court in the hands of the 
General Assembly and of the Governor. "Now, the people 
control the number of the Supreme Court Judges and select 
those to fill positions if any increases be made. This seems 
to me to be the quintessence of wisdom. The new Constitu- 
tion will permit the General Assembly to increase the 
number of Supreme Court Judges to any extent it thinks 
proper, and will authorize the Governor to fill positions with 
Judges until the next election, perhaps eighteen months 
distant. This has never been the policy in this state. The 
people have retained the right to control the number of the 
Supreme Court and to select persons to fill the positions, if 
any increase should be ordered by them. I should regret a 
change. It is probable that an increase in the number of 
Judges of the Supreme Court is necessary — certainly, unless 
the number of trifling appeals to that Court be restricted. I 
should be willing to vote for such increase in the number 



November, 1934 



POPULAR GOVERNMENT 



Page Twenty-seven 




RAILROAD HISTORY entered 

a new phase as the Burling- 
ton's "Zephyr" flashed across 
the Great Plains from Denver 
to Chicago— 1015 miles in 
785 minutes — to set a whole 
flock of new records! Jack 
Ford was at the throttle. 




A PLEASURE that drives 
away fatigue and listlessness! 



SPORTSWOMAN PILOT. Mrs. Cecil 
Kenyon says: "Morning, noon and 
night I can smoke Camels steadily — 
without a touch of upset nerves." 




Jack Ford, Burlington engineer, says: 
"W hen the "Zephyr' rolled to a stop 
at Chicago, I'd been through a lot of 
excitement and strain and felt pretty 
much used up. But a Camel quickly 
gave me a "lift' and I felt O.K. 

"Most engineers prefer Camels. And 
Camels help to increase their energy 
when they feel worn out. I've smoked 
a lot of Camels in my time, and that 
goes for me — all the way." 

Everyone is subject to strain — 



whether physical, mental, or emotional. 
So it's important to know that Camels 
do release your stored-up energy. 

The findings of a famous scientific 
laboratory confirm Camel's "energiz- 
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in Camels never affect the nerves. 

LEAF-TOBACCO EXPERTS AGREE: 

"Camels are made from finer. More Expensive Tobaccos 
—Turkish and Domestic— than any other popular brand." 



SECRETARY. Ill/ ihith Harben:"Iam 
careful in m\ choice of cigarettes. 
I preltr Camels They don't make 
my ncr\cs )umpy." 



TUNE IN ! CAMEL CARAVAN with Glen Gray', Ca„ 
Walter O'Keefe, Annette Hanshaw, other headliners. TUES 
10 P. M., E.S.T. — 9 P.M., C.S.T.—8 P. M. . M.S.T.—7 P. M. 
THURSDAY 9 P.M., E.S.T.-8 P.M., C.S.T.— 9:30 P.M., M S 
-8.30 P. M., P.S.T.. over WABC-Columbia Network. 



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Tobaccos never get 

on your Nerves! 



Orchestra, 4, 

■JESDAY, W ^ 
Vf., P S T /'^ 




Page Twenty-eight 



POPULAR GOVERNMENT 



November, 1934 



of Judges as tlie work may require; and, at tlie same time, 
I would like to be permitted to vote for tke persons wIlo are 
to serve on the Supreme Court after the increase is directed. 

5. I do not think the change in the method of apportion- 
ing seats in the State Senate is wise. Clearly, our Constitu- 
tion contemplates fifty senatorial districts, each with one 
senator. The proposed change does not tend to bring about 
anything like equality in the distribution of the senatorial 
power. Under the proposed plan, it would be possible to 
divide the State into two districts and give each district 
twenty-five senators, thus removing the senators as far as 
possible from their constituents. 

6. I do not see any wisdom in the change which will 
allow a married woman to divest herself of all her real 
estate, without the consent of her husband, or even the 
knowledge of her husband. It seems to me that this will 
work badly, certainly from a financial and probably from 
a social standpoint. 

7. I think it is unfortunate that almost all restrictions 
upon the amount of taxation which can be imposed, or the 
rate or exemption from taxation, should be left wide open 
to the General Assembly. I think the taxpayer is entitled 
to some restriction upon the amount which may be levied 
against him. 

S. The tendency of the new Constitution seems to be 
toward an increase in the power of the general government 
at the consequent expense of the local government. The 
centripetal force will be increased and encouraged ; and I am 
a believer in local self-government. There is a school of 
thought now which goes so far as to say the states are not 
necessary; and some say the states are nuisances. I believe 
the states are the foundation of American liberty; and I 
further believe that counties and municipalities serve a most 
useful pui'pose and should not be degraded. 

A valuable document 

A Constitution is immensely valuable as an instrument of 
government. It provides stability and regularity. But 
limitations and restrictions on government are highly desir- 
able ; and they are of particular benefit to the protection of 
the citizen in his rights. The proposed Constitution con- 
tains too few of these limitations. 

In conclusion, I wish to point out what may happen 
sometime, in the event of a catastrophic change in social 
conditions, if the new Constitution is adopted. The General 
Assembly will have the right to declare vacant all county 
and municipal offices, including school, road and health 
departments, and provide for the election of the said officers 
and the appointment of other ofiicers by the Governor. 

I know this is not likely to occur; certainly not in the 
lifetime of the present generation. But it is possible under 
the new Constitution ; and I think we just as well avoid that 
possibility. 

The two principal ofiices in each county, the Clerk of the 
Superior Court and the Sherifi^, are Constitutional offices; 
and can not be abolished or vacated by the General Assembly. 
Our Supreme Court is a Constitutional body, with its num- 
ber limited and not subject to increase or change except by 
the vote of the people. These two provisions of our Con- 
stitution are stabilizers. They are balance wheels. They 
are brakes, as it were, against too rapid innovations ; and I 
do not favor the proposed changes in those offices. 



Item By Item 

By JONATHAN DANIELS 

FOE the time being at least the ISTorth Carolina Su- 
preme Court has dispelled the bewilderment of the 
average voter who was faced with the question as to 
whether he should vote for or against an entirely new Con- 
stitution for his State. The issue is postponed but its im- 
portance is not lessened. The ISTorth Carolinian knows that 
his constitution is the basis, the plan and pattern of his 
civilization. He knows that change in the fundamental 
law of his State will profoundly affect his own life and the 
lives of his children. If change is necessary he wishes to 
make it wisely, thoughtfully, in the full consciousness of 
the meaning of every change he authorizes by his ballot. 

Many similarities 

As to two-thirds of the articles in the Constitution which 
was proposed there was and is no difference of opinion, for 
in essence these articles are the same in the present and 
the proposed constitutions. Many of the new articles pro- 
posed, retaining the spirit of the old ones, were better 
phrased. 

Desirable changes 

Several excellent changes, were proposed in the new 
document. Many of them should be added to our Constitu- 
tion. Certainly there is a growing unanimity that the six 
per cent limitation upon the taxation of incomes must be 
brought to an end. It is increasingly obvious that it ought 
not to be necessary to elect as many solicitors as there are 
Superior Court judges. Even the veto power, which K'orth 
Carolinians have been singularly reluctant to grant to their 
executives, was in the form proposed, an instrument of 
great possible value and little possible danger. That provi- 
sion prohibiting the appointment of any member of the 
Legislature to an office created by the General Assembly of 
which he was a member would end a practice which in 
the past has approximated scandal in the State. Of great 
appeal and virtue, too, is the fact which Dr. Clarence Poe 
stressed so vigorously that the proposed Constitution would 
make it possible for the Legislature to exempt small farms 
and homes from taxation just as small incomes are 
now exempt. 

Centralization 

The debate in the campaign which ended with the court's 
decision ranged around a comparatively few provisions. 
Attorney-General Dennis G. Brummitt, who led the attack 
on the Proposed Constitution and made the chief defense 
of the old, opposed ratification chiefly because, among other 
objections, he thought the changes proposed gave too much 
power to the Chief Executive and centralized control of 
all governmental agencies in Ealeigh. Certainly, whether 
the proposed Constitution furthered it or not, this tendency 
to centralization of power in N^orth Carolina has already 
advanced to such an extent that schools and roads and the 
collection of taxation to support them have become activi- 
ties of the State and are directed by State agencies, most 
of them headed by appointees of the Governor and not by 



November, 1934 



POPULAR. GOVERNMENT 



Page Twenty-nine 



elective constitutional officers. Indeed, many of the duties 
formerly performed by constitutional officers tave been 
taken from them by the Legislature and conferred upon 
officials of the GoYernor's personal choice ; the State Treas- 
urer has been relieved of the right and duty to collect the 
State's taxes, the State Auditor's functions have in large 
part been given to the Budget Bureau. Educational direc- 
tion is not now under the true direction of the State Super- 
intendent of Public Instruction, a constitutional officer, but 
under a board named by the Governor. 

Those who object to centralization of power in the Chief 
Executive think this policy has already gone too far, and 
declared that the Proposed Constitution gave new impetus 
to this tendency. 

Uniformity 

There remains a further fundamental controvery between 
those who favored and those who opposed the revised Con- 
stitution. The present Constitution says in effect that all 
property and all citizens shall be taxed alike. The Proposed 
Constitution says in effect that all property and citizens 
shall be taxed justly. The old is tangible and certain. The 
new provides a latitude as wide as man's thinking about 
what may constitute justice. The essential language of the 
two provisions at issue in Article V of both the existing and 
the suggested Constitutions is as follows : 

Present Constitution: Laws shall be passed taxing hy a 
uniform rule, all moneys, credits, investm,ents in bonds, 
stocks, joint stock companies, or otherwise; and, also, all 
real and personal property, according to its true value 
in money. 

Proposed Constitution: The power of taxation shall he 
exercised in a just and equitable manner, and shall never be 
surrendered, suspended or contracted away. 

In these two clauses lies the fundamental conflict, the 
true issue between that which is and that which was pro- 
posed. The people had a choice before them between 
"equitable" and "uniform." There is a world of difference 
between the two words. There is no possible doubt about 
the meaning of "uniform." It is defined as "not varying 
or variable, conforming to one rule or mode." Under the 
present Constitution, for example, the Legislature could not 
impose a tax of 50 cents on the .$100 valuation of stocks and 
bonds or any intangible security, and impose, or permit the 
imposition, of a higher rate on land, homes or other visible 
property. The present Constitution forbids one measure 
of tax rate for owners of one class of property and another 
rate for another class. 

For many years there has been an organized attempt to 
give a low rate to such property as ownership of notes and 
securities while leaving higher rates upon farms and fac- 
tories and homes and other visible property. This proposal 
to eliminate "uniform" from the Constitution was twice 
embraced in amendments to the Constitution and twice 
rejected by the vote of the people. Surrounded as this 
change was in the revised Constitution by many good 
provisions, it remained the same old proposal. It opened 
a door which those desiring favoritism, and other than 
"uniform" taxation for themselves than for others, could 
have organized to enter for their own benefit. Privilege 
never reaches the many. It is always monopolized by the 
few and the powerful. 



Item by item 

Fortunately it will not be necessary for the people of 
Xorth Carolina to cast their votes for all or nothing in this 
j^ovember election. It ought not ever to be necessary for 
them to cast such a vote. Long ago The News and Observer 
suggested that the article on taxation and other controver- 
sial articles be submitted separately so that voters could 
cast their ballots for and against such sections without 
having to take or reject an entire document. That sug- 
gestion was not heeded. But the temper of the people, 
which was known long before the Supreme Court made 
known its decision, demonstrated that it should have been 
heeded and should be heeded now. Change in the funda- 
mental law of the State should be submitted to the people 
change by change. In such a way only will the people 
of the State be able to advance by intelligent decision on 
every question involved in the alteration of the State's 
basic law. Such a course may prevent some changes al- 
together. Any other procedure in changing the Constitu- 
tion betrays a distrust in the people who after all must live 
and make their lives within its provisions. Such changes 
as the people do not wish ought to be prevented. A wise 
Legislature will let the people speak item by item, article 
by article. And the people will be wise in making, slowly 
and only in accordance with their certain will, changes in 
the whole philosophy and pattern of their life as it is 
shaped by the fundamental law under which they and their 
children after them must live. 



NEW YORK PULLMAN 



ON 



A NEW SCHEDULE 
DAILY 

LEAVE OVER THREE HOURS LATER 

Lv. RALEIGH, Southern Railway 6:25 p.m. 

Lv. DURHAM, Southern Railway 7:12.p.m. 

Ar. WASHINGTON, Southern Railway. .4:05 a.m. 
Ar. PHILADELPHIA, Pennsylvania R. R.. 7:20 a.m. 
Ar. NEW YORK, Pennsylvania R. R 9:10 a.m. 

This Pullman formerly left Ealeigh at 3:20 p.m., and ar- 
rived New York on the Piedmont Limited at 6:50 a.m. It 
has been transferred to trains 13 and 38. Modern Coach service. 

NO CHANGE IN SOUTHBOUND SCHEDULE 



The 3:15 p.m., from Ealeigh and 4:00 p.m., service 
from Durham with 6:50 a.m., arrival in New York Is 
stUl available with change of cars at Greensboro for 
parties desiring an early morning arrival in New York. 



This Change Affords Pullman Service to the South 

and West With a Change at Greensboro. 

Direct Connections, No Layover. 

Lv, Raleigh, Southern Railway 6:25 p.m. 

Lv. Durham, Southern Railway 7:12 p.m. 

Ar. Atlanta, Southern RaUway 6:25 a.m. 

At. Birmingham, Southern Railway 11:59 a.m. 

Ar. Memphis, Frisco Lines 6:50 p.m. 

Ar. New Orleans, L. & N. Railroad 8:30 p.m. 

SOUTHERN RAILWAY 

J. S. BLOODWORTH, D.P.A. 
Raleigh, N. C. Phone 621 



;e Thirty 



POPULAR GOVERNMENT 



November, 1934 



Popular Governmeiit 



Partial List of 
Periodical Publications 
Produced in Our Plant 

Popular Government 

The Institute of Government 

Education 

.V. C. Education Associalion 

The State 

Carl Goerch 

The Tarheel Banker 

N, C. Bankers Association 

Occidental News 

Occidental Irife Insurance Co. 

The Spinning Wheel 

Koij Park 

Farm and Home 

Roy Park 

Cotton Grower 

N. O. Cotton Growers Association 

Proceedings 

iV. C. Couniy Commissioners 

The Wataugan 
The Technicun 
The AGRicuLTumsT 

state College Publications 

The Howler 

Old Gold and Black 

The Student 

n-al-e Forest College 
Publications 

The Chanticleer 

Duke University 

The Twig 
The Acorn 

Meredith College 
Publications 

Stage Coach 

Saint Mary's College 

The Tecoan 

East Carolina Teachers College 

Pine and Thistle 
White Heather 

Flora Macdonald College 



To promote the popularity of 
government, to enroll the 
thinking minds of the voters 
and officials of North Caro- 
lina in the movement for bet- 
ter and more economic gov- 
ernment is a task worthy of 
the concentrated efforts of 
such an organization as the 
Institute of Government. 

To be selected from the many 
good printers of the State to 
produce in physical form the 
official publication of the 
institute is a tribute worthy 
of the fine facilities and serv- 
ice that have made this com- 
pany the printers for such an 
imposing list of publishers as 
appear at the left. 



Edwards & Bromghtoii Company 



Established 1S71 

„ f t f NORTH CAROLINA 



IL, 



1=] 



November, 1934 



POPULAR GOVERNMENT 



Page Thirty-one 



Bulletin Service 



Key to abbreviations 

(A.G.) Attorney General. 
(D.Ed.) Department of Education. 
(L.G.C.) Local Government Commis- 
sion. 

I. Ad valorem taxes. 

A. Matters relating: to tax listing: and 

assessing. 
5. Exemptions — city and connty prop- 
erty. 

In answer to the inquiry, "Where 
county purchases land or has lands 
transferred to it from private persons, 
such lands situated in another county and 
the tax lien had already attached be- 
fore such transfer or purchase, would 
the property so transferred be subject to 
the tax?" 

(A.G.) My view is that if land is sub- 
ject to taxation on June the 1st. the date 
of the beginning of the fiscal year, it 
does not escape such taxation by being 
conveyed later to a non-taxpaying owner. 
(Citing: State v. Fibre Co., 204 N. C. 
295.) 

Where county owns property in a town 
can the town tax such property? 

(A.G.) In Andrews v. Clay County, 200 
N. C. 280, the court there held that 
under the Constitution. Article V. Section 
.5. property belonging to the State or 
municipal corporation is exempt from 
taxation: that the constitutional provision 
IS self executing; and that the property 
carries the exemption because of its 
ownership, and without regard to the 
purpose for which said property was 
acquired and was held. 
7. Exemptions — property of Federal 
Farm Subsistence Corporation. 

(A.G.) Where the Federal Farm Sub- 
sistence Corporation, operated under the 
Department of the Interior of the Federal 
Government, purchases land in a county 
of this State, such land is not subject 
to taxation, being government property. 

II. Exemptions — personal property in 
the hands of trustee in bankruptcy. 

fA.G.) Personal property in the hands 
of a trustee in bankruptcy for liquida- 
tion of the bankrupt estate in Federal 
Court has not been considered subject to 
taxation by the county. 
12. Exemptions — property purchased 
with Teteran's compensation. 

(A.G.) Property purchased by veterans' 
compensation money is not exempt from 
taxation. 

30. Situs of personal property. 

(A.G.) Tangible personal property must 
be taxed at its actual situs. (A town 
cannot tax such property where the 
owner lives in town and his personal 
property is beyond the town limits.) 



SPECIAL NOTE 

The favorable response to this 
bulletin service, carrying to local 
officials the rulings of state deport- 
ments which affect their duties, has 
exceeded our fondest hopes. From 
the time of its inauguration to date 
it has been mailed free to every per- 
son who requested to be put on the 
mailing list. Beginning with this 
issue of this magazine, the bulletin 
is discontinued as a separate service 
and becomes a regular feature of the 
monthly issues of the magazine We 
believe that the inclusion of this 
service alone renders the magazine 
worth its subscription price to every 
local officiol in North Carolina We 
urge all who do not wish to miss an 
installment of this service to moil 
their subscriptions immediately to 
The Institute of Government, State 
Capitol Building, Raleigh, N. C, so 
that their names will be on the sub- 
scription list for the next issue of the 
magazine. A subscription card is 
enclosed with the magazine. 

— The Editors. 



76. Solvent credits — mortgage after land 
purchased by mortgagee. 

"A listed for taxes a certain tract of 
land in Currituck County. B, on April 
1st, listed for taxes a mortgage that he 
held on this same land. On June the 
1st, 1934, B bought the land and will 
have to pay the taxes on the land which 
was listed by A. Should B also have 
to pay the tax on the mortgage?" 

(A.G.) At the time A listed the land 
for taxes, and B listed the mortgage, the 
mortgage itself was a solvent credit, that 
is, personal property required to be listed. 
I assume that the mortgage on the land, 
or rather the debt, was at an end when 
B bought the land itself. In my opinion, 
this does not relieve B from paying the 
tax on the mortgage as a part of the 
personal property owned by him on April 
the 1st. 

110. Listing of personal property — con- 
signee. 

Who should list personal property which 
has been consigned to a person in one 
county but which property is not owned 
by the consignee? 

(A.G.) It is the duty of the consignee 
to list the property in his own name 
nr in that of the consignor. 

B. Matters affecting tax collection. 



10. Penalties, interest and cost before 
foreclosure. 

(A.G.) Under C. S. 8037, the interest 
and penalties on tax sales certificates is 
10 per cent for the first year and S 
per cent per annum thereafter. How- 
ever, Chapter 560, Public Laws 1933, pro- 
vides that interest and penalty shall be 
S per cent. We have construed this to 
mean that only S per cent per annum 
can be charged as penalty and interest 
accruing after May 15, 1933, the date of 
ratification of the act. 

11. Penalties on municipal ta.x. 

(A.G.) It is our understanding that a 
municipality may adopt the schedule of 
county penalties or not, as the commis- 
sioners may determine. As to whether 
the municipality may adopt a different 
schedule of penalties, seems to me very 
doubtful. At any rate, they cannot adopt 
a schedule in excess of the county 
schedule. This is without reference to 
any Public-Local Act affecting the situa- 
tion. Chapter 299, Public Laws 1931, has 
been construed here to permit the ex- 
tension of assessments upon application 
of the taxpayer affected, and not to re- 
quire an extension upon all assessments 
as an entirety. 

31. Tax foreclosure — procedural aspects. 

Can delinquent taxes of subsequent 
years be included in the procedure when 
a suit is brought to foreclose the taxes 
of a particular year? 

(A.G.) In my opinion, it would be 
proper in a complaint filed to foreclose 
a tax sales certificate of any particular 
year, or years, to set up taxes which are 
a lien upon the property, and that it 
would be proper to have a judgment which 
would provide for the settlement of the 
liens of these taxes also in the sale. 

(A.G.) C. S. 8037 (fourth paragraph) 
makes the description in the tax sale 
certificate sufficient to protect the lien 
and certificate. A description sufficient 
in law and in fact is required to be set 
out in the notice and in the interlocutory 
and final judgment. It is best that such 
a description be used in the complaint 
in the first instance, as title to land may 
depend on it. It may, however, be done 
by amendment. 

(A.G.) Description of land must be a 
practical one, through which it is possible 
to identify the land. A sufficient 
description ought to be embodied in the 
complaint from the beginning. This, 
however, may be supplied by amendment 
to the pleadings and publication. The 
publication is part of the pleading and 
must be sufficient as to description in 
law and in fact. Reference to "tax 



Page Thirty- two 



POPULAR GOVERNMENT 



November, 1934 



maps," where on record, is suflBcient; 
also, probably, where the maps are suf- 
ficiently well known, in common use, and 
reasonably accessible, whether on record 
or not. 

Is the mortgagee a necessary party in 
a tax foreclosure suit? 

(A.G.) Tax foreclosure suits under 
C. S. S037 can not be said to be so 
thoroughly i» rem that mortgagees may 
not, under certain circumstances, be neces- 
sary parties. In some instances tax sales 
certificates might represent, in part, 
taxes other than ad valorem, as to which 
there might be a question of priority 
between the tax and the mortgage. With 
respect to the person in whose name the 
land is listed and the real owner, there 
might be a question arising out of the 
fact that lands are often listed to more 
than one person. 

Within what time must such actions be 
brought? (The question relates to 1930- 
1931 tax sales certificates.) 

(A.G.) Section 8, Chapter ISl, Public 
Laws 1933, merely extends the time in 
v^-hich actions maj' be brought to October 
1, 1934, and does not authorize the bring- 
ing of a suit after that date. Therefore 
it will not prevent the bringing of such 
suit within 24 months from the date of 
the tax sales certificate, nor does it 
authorize the bringing of a suit within 
that period, if the time within which it 
should have been brought has expired. 
(Prior to 1933 amendment the time limit 
was IS months.) See Forester r. Wilkes 
County, 204 N. C. 163. 

34. Tax foreclosure — re-institution of 
suit. 

(A.G.) In my opinion, where tax fore- 
closure suits have already been instituted, 
but proceedings have been suspended 
under Chapter ISl, Public Laws 1933, 
these suits need not be re-instituted, but 
all the things which were legally done 
up to that time may be now available as 
the suit proceeds to a conclusion. 

35. Tax foreclosure — costs. 

Does Chapter 560, Public Laws 1933, 
affect Chapter 331, Public Laws 1929, so 
as to limit total costs to $6.00 in a suit 
for foreclosure of a certificate of sale 
for special assessments? 

(A.G.) We think that it does so limit. 
Section 3 of said Chapter states: "That 
suits to foreclose certificates evidencing 
sales in the year 1931 and prior years 
for taxes or special assessments on real 
property." Special assessments are 
specifically included. 

40. Tax foreclosure — special assessment 
— compromise. 

(A.G.) No authority is given by law 
for towns to accept less than the amount 
due in payment of special assessments. 
Such power might exist under certain 
circumstances when the case is actually 



Greensboro, ?f. C. 
May 7, 1934 

To The Institute of Government: 
I just want to express apprecia- 
tion and commendation of the 
initial issue of your State Depart- 
ment Bulletin received Saturday 
morning. Jfotwithstanding the 
fact that my desk is cluttered up 
with bulletins, pamphlets, 
"Flashes" and numerous other 
papers from various sources, I 
read your bulletin through from 
'tiver to kiver" at a single 
sitting. It was most interesting 
and informative. I truly hope 
that you will be able to continue 
the service as I feel that it is 
eminently worth while. 

Ton may regard these com- 
ments as coming from a munic- 
ipal official or as an official of 
the Municipal League. In both 
capacities I extend congratula- 
tions and assure you of my per- 
sonal appreciation. 

1Vith kindest regards and best 
wishes for you and your staff, I 
am 

Very tmly yours, 

Andrew Joyner, Jr. 

(Mr. Joyner is City Manager 
and City Attorney of Greensboro 
and President of the North Caro- 
lina League of Muncipalities. 



in litigation and there is danger of the 
town's being unsuccessful in such litiga- 
tion. 

72. Tax collection — levy on personal 
property. 

(A.G.) Where taxpayer lists goods for 
taxation and then disposes of the goods 
without paying the tax, such taxpayer's 
automobile may be levied on for pay- 
ment of the tax on the goods. 
77. Tax collection — priority of lien. 

(A.G.) This office is of the opinion that 
there is no priority between State, 
county and municipal taxes, but that 
they should all share equally in any as- 
sets of a corporation which is in the 
hands of the receivers. A claim tor labor 
would be prior to any taxes, provided it 
was filed in time. 

90. Eemoval or sale of property prior to 
time taxes due. 

Is it legal to levy on personal property 
which has changed hands within a 
family; for example, a father's selling 
personal property to a son? 

(A.G.) The lien of taxes does not at- 
tach to personal property until the levy 
and if there is any bona fide exchange or 
transfer of such property prior to the 
levy, no lien will attach and such 
property would not be subject to a levy. 

II. Poll taxes and dog taxes. 

C. Use of such taxes. 

1. Use of city dog and poll faxes. 

(A.G.) In view of Article V, Section 2, 
Constitution of North Carolina, the School 



Machinery Act (Section 15) leaves poll 
taxes as well as dog taxes in the county 
for application to maintenance of plant 
and fixed charges, but neither the Con- 
stitution nor statute has any reference to 
city poll tax and city dog tax. The city 
administrative unit cannot, as a matter of 
right, demand these taxes; but if the 
town turns the proceeds over, they may 
be used. However, there is nothing in 
the general law authorizing the town 
to turn the proceeds over. 

III. County and city license or privilege 

taxes. 
A. Levy of such taxes. 
21. License tax on doctors and dentists. 

(A.G.) If the general law were silent, 
resident doctors and dentists might be 
taxed under C. S. 677; however, the Cur- 
rent Revenue Act, Chapter 445, Public 
Laws 1933, in levying a state-wide tax 
on professions, including dentists and 
physicians, expressly provides, (Section 
109, subsection (c), "Counties or cities 
or towns shall not levy any license tax 
on the business or professions taxed 
under this section." Physicians and 
dentists are taxed under that section 
and, therefore, your town cannot impose 
any tax upon them. 

47. License tax on slot machines. 

(A.G.) I interpret Section 130 (f) of 
Chapter 445, Public Laws 1933, to mean 
that the tax mentioned is levied upon 
the business of operating the slot ma- 
chine, and does not necessarily have any- 
thing to do with its ownership. It is 
my opinion, however, that when the owner 
of the machine operates it at some other 
person's place of business, which I think 
he may do, he has the privilege of mov- 
ing it elsewhere in the city without pay- 
ing additional license tax. 

60. License tax on laundries — Eev. Act, 
sec 150. 

(A.G.) It was not the purpose of the 
State Legislature in passing Section 150 
of the Current Revenue Act to provide 
that municipalities might tax the family 
"wash woman" who comes into town, gets 
the laundry, returns to her home and 
laundries the same. 

65. License tax on out of town express 
companies. 

(A.G.) A municipality cannot levy and 
collect license tax against an express 
company which has its office in another 
town and delivers express in the 
municipality. 

69. License tax on ice cream dealers — 
Rev. Act, sec 161. 

Can a city levy and collect a privilege 
license tax from a non-resident ice cream 
distributor at wholesale, a tax being 
levied against the local manufacturer and 
distributor? 

(A.G.) The provision of the Act ap- 



November, 1934 



POPULAR GOVERNMENT 



Page Thirty-three 



Baleigh, N. C. 

Sept, 6, 1934 
To The Institute of Goyernment: 
Tour Bulletin Seryice carry- 
ing the rulings and opinions of 
State departments is not only a 
distinct service to city and 
county offlcials throughout the 
state, but is a source of great 
convenience to State offlcials and 
departments in keeping them in 
touch with each otlier and with 
the problems of local gorern- 
mental units. 

I am glad to hear that you are 
going to incorporate this Bulletin 
Seryice as a feature in your new 
monthly masrazine, POPULAR 
GOYER>'MENT. 

Tours sincerely, 
Chas. M. Johnson, 
State Treasurer and Director of 
the Local Goyernment Commis- 
sion. 



plies to located business, in reference to 
the town. There is extreme doubt 
whether the delivery of the product when 
done by the manufacturer may be split 
off and designated as a separate business; 
but in this case, even if it could be done, 
that business would have to be one located 
within the town. In order to justify the 
tax. 

70. License taxes on chain stores — Rev. 
Act, sec. 162. 

(A.G.) Individuals and partnerships 
(conducting chain store business) are 
subject to the chain store tax as well as 
corporations. 

100. Eligibility for privilege license. 

(A.G.) There is no statute under which 
a town may deport undesirable families 
or which would give the town authority 
to refuse to sell a privilege license if the 
proper amount of money is presented for 
such. 

IV. Public schools. 
B. Powers and duties of counties. 
2. Power to issue bonds witliont vote of 
the people. 

(A.G.) The Board of County Commis- 
sioners has authority under the Constitu- 
tion and the law, to issue bonds to pro- 
vide school buildings and equipment 
necessary for the operation and conduct 
of the constitutional six months term. 
That Board has authority with respect to 
such buildings anywhere in the county, 
whether within or without the city ad- 
ministrative unit. No unit less than the 
county can issue bonds for such purpose 
without a vote of the people. 

20. School elections — expenses. 

(A.G.) Formerly school districts were 
permitted to hold elections to authorize 
special taxes in relation to the schools. 
The law provided that the expenses of 
such elections, when held In a special 



charter district, should be paid out of 
the funds of the district. The School 
Machinery Act of 1933, however, abolished 
all districts of every kind, and set up 
in lieu thereof two types of administra- 
tive units — the city administrative unit 
and the county administrative unit. As 
all the old districts were abolished, in 
my opinion, the provisions for the costs 
of the school tax elections in those dis- 
tricts went with them, and we are now 
without any law definitely fixing the 
costs of such elections when had in a city 
administrative unit. It is, therefore, my 
opinion that the costs of such elections 
must be borne by the county out of the 
general fund. 

3G. County-wide fax for vocational edu- 
cation 

Do County Commissioners have a legal 
right to levy a county-wide tax to pay a 
teacher to teach agriculture in a town 
school, without a vote of the people? 

(A.G) No authoritative answer can be 
given except by the court. However, I 
think the better view is that county-wide 
tax le\'y may be made by the Board of 
County Commissioners for paying the 
salary of a teacher of vocational agri- 
culture, such salary to be for a six 
months' term only. 

40. Use of county school funds — travel 
expenses. 

The State School Commission advises 
that it will be possible to pay such items 
of current expense as the additional ex- 
pense of the county superintendent and 
bookkeeper and excess of water and light 
bills from current expense county sup- 
plement, provided there has been no levy 
for maintenance of plant. In other words, 
any surplus of funds which are allotted 
to maintenance of plant, viz: poll taxes, 
dog taxes, etc., may be used to supple- 
ment items of current expense. 

C. Powers and duties of city administra- 
tive units. 
12. Levy of special tax. 

(A.G.) The board of a city administra- 
tive unit would not have the right to 
levy a special tax for a city school nurse, 
all previous taxes having been wiped out 
by the School Machinery Act of 1933, and 
the city administrative unit not since hav- 
ing voted a special tax. 
21. Erection of building — necessary ex- 
pense. 

(A.G.) Buildings for the six months 
school term are not necessary expenses 
within the meaning of Constitution, 
Article VII, Section 7; and authority for 
issuance of bonds and levy of taxes for 
the six months school term is found in 
Article IX and in Article V, section 6, 
of the Constitution. 

30. Use of funds — balance of uncollected 
taxes. 

(A.G.) Under the School Machinery 
Act, Section 4 last paragraph, uncollected 



taxes, when collected subsequent to the 
date of the passage of the Act, May 15, 
1933, are to be applied on debt service 
of the district. 

D. Powers and duties of present school 
districts. 

30. Levy of special tax for maintenance. 

(A.G.) A school district does not now 
have the power to levy school main- 
tenance taxes except where, by a vote of 
the people, levy of such has been author- 
ized since passage of the School Ma- 
chinery Act of 1933. Nor does the ad- 
ministrative school unit, as such, have 
such right except upon such vote. 

E. Status of former school districts and 
the funds of those districts. 

16. Debt service of former school dis- 
tricts — back taxes. 

Where old Special Tax Districts have 
accumulated money collected as back 
taxes, what is necessary to give the com- 
mittees in these districts and the Board 
of Education the right to spend the same? 
Is it necessary to budget same and who 
has to approve the budget? 

(A.G.) In the School Machinery Act 
of 1933, taxes in such districts must be 
applied to debt service. Where there is 
no debt, the ruling of this department is 
to the effect that the money may be used 
in maintenance. There is no provision 
in the law with regard to any mention 
ot these taxes in the budget, and no 
specific authority as to the expenditure. 
Where the money is in the hands of the 
county authorities, in my judgment, the 
Board of Education would have the right 
to expend the proceeds by such distribu- 
tion as in their judgment would be most 
equitable, bearing in mind that where a 
city administrative unit has taken the 
place of a Special Charter District, the 
taxes in question should go to the benefit 
ot these schools. If the debt service of a 
district has been assumed by the county, 
in my opinion, such funds ought still to 
be applied to such debt service. 

F. School officials. 

6. Liability of county board for tort. 

Is a school liable for injury sustained 
by child while engaged in football game? 

(A.G.) Under the general provisions of 
law and specifically the case of Benton 
V. Board ot Education, 201 N. C. 653, I 
am of the opinion that neither the County 
Board of Education nor the local school 
board is liable for such injuries. The 
general rule is that the State and Its sub- 
divisions are not responsible In tort where 
such sub-divisions are engaged In the 
performance of governmental functions. 

In answer to the inquiry, "Is Board of 
Trustees or the Trustees of a District 
liable for injuries to workmen employed 
by a contractor In building a school build- 
ing when such job calls for only four 
men and does not come under the work- 
men's Compensation Act? 



je Thirty-four 



POPULAR GOVERNMENT 



November, 1934 



(A.G.) No. But it might be well to 
submit the form of the contract to the 
Industrial Commission for suggestions. 

12. Trustees of city administratiTe units 
— building' contracts. 

(A.G.) It is my judgment that the actual 
construction of the school building in a 
special charter district is a matter for the 
county commissioners, but I think with 
propriety the Board of Trustees, especially 
as the title to the property of the district 
is retained by them, may very properly be 
designated by the Commissioners as an 
agency to construct the building, or to let 
the contract and expend and account for 
the money. In that event, it would be 
proper for the county commissioners to 
make the entire sum available to the local 
board for such purpose, or see that it was 
available as needed under such conditions 
and guarantees as might be proper. 

27. Scliool committeemen — supplement to 
teaclier's salary. 

Can a salary be supplemented out of the 
funds especially mentioned in Section 16 
of 1933 School Machinery Act, that is to 
say, fines, forfeitures, penalties, dog tax, 
poll tax, etc., in excess of that needed for 
maintenance of plant and fixed charges? 

(A.G.) It is my opinion that inasmuch as 
the payment of the salary is one of the 
objects of expenditure laid down in the 
public school law, it will be lawful, with 
the approval of the School Committee, to 
supplement out of this fund. 

J. School books. 

30. School book depositories. 

(D.Ed.) The North Carolina School 
Book Depository will set up local deposi- 
tories for the various publishers as they 
have done in the past. All publishers of 
the recently adopted texts in social science 
signed retail contracts, and these pub- 
lishers will operate through the North 
Carolina School Book Depository. All 
other publishers of high school textbooks 
other than social science have entered 
into an indefinite wholesale contract with 
the State Board of Education. Some of 
these publishers will deal through the 
North Carolina School Book Depository, 
whereas others will deal direct with the 
local depositories. 

V. .Hatters affecting county and city 

finance. 
L. Local budgets. 

(L.G.C.) The requirements for the publi- 
cation of Municipal Budgets are contained 
in Section 7, County Fiscal Control Act, 
which states that the governing body shall 
cause to be published iu at least one news- 
paper a summary of the budget estimate, 
showing at least the total appropriations 
recommended for each separate fund or 
function as defined in Section 2 of that 
Act. Section 2 of the County Fiscal Con- 
trol Act designates the fund for counties 
only. However, the municipal funds are 



outlined in Section 68 of the Local Gov- 
ernment Act. Inasmuch as the budget 
estimate is open to the public inspection 
at the office of the city clerk for a period 
of twenty days prior to the adoption, we 
are of the opinion that there would be a 
compliance with the law provided the 
publication contained the total appropri- 
ations recommended for each fund or 
function as outlined in Section 7, County 
Fiscal Control Act. 

VI. Miscellaneous matters affecting 

counties. 
G. Support of the poor. 

20. Care of indigent and delinquent 
children. 

Do Directors of Caswell Training School 
have the right to charge counties for 
the support and treatment of children in 
cases where the parents of such children 
are unable to pay? 

(A.G.) Section S, Chapter 266, Public 
1/aws of 1915 did provide for payment by 
counties, but this was repealed by Chapter 
224, Section 5. Public Laws of 1919. There 
has been no Act since requiring counties 
to be responsible for this cost. Chapter 
120, Public Laws of 1925, provides that 
where inmate, parent or guardian is un- 
able to pay, the cost is to be paid by the 
State. 

Do Superintendent and Board of Direc- 
tors of Caswell Training School have the 
sole power to determine who may, or may 
not, be received as inmates of the insti- 
tution? 

(A.G.) Chapter 34, Public Laws of 1923 
repeals Section 2 of Chapter 266, Public 
Laws of 1915, and provides: "That here- 
after there shall be received into Caswell 
Training School, subject to such rules and 
regulations as Board of Directors may 
adopt, feeble-minded and mentally defec- 
tive persons of any age when in the judg- 
ment of the officer of Public Welfare and 
Board of Directors of said institution it 
is deemed advisable. All applicants for 
admission must be approved by the local 
County Welfare officer and the Judge of 
Juvenile Court or Clerk of Superior Court 
in the county where applicant resides." 

21. Burial of pauper. 

Does the 'egal liability for the burial of 
a pauper who died within the city limits 
rest with the city or the county? 

(A.G.) It is my opinion that the duty 
to care for the poor, bury them upon death, 
first of all rests upon the county. 

A'll. Miscellaneous matters affecting 

cities. 
F. Contractural powers of a town or city. 
15. Letting of contract — publication. 

A town has authority to buy materials 
and improve its own streets without let- 
ting the job to a contractor. C.S. 2S30 and 
2S31 apply to cases where the town lets 
job to a contractor for over $1,000 and in 
that case publication is required; but it 
does not prevent a town from doing the 



work itself without letting a contract and 
does not, in that case, require publication. 

G. Municipal liability for tort. 
1. Care of prisoners. 

A town wishes to build a town hall 
which will be used for Mayor's Court, 
Commissioners' meeting place and for the 
city jail. A policeman is kept on duty 
during the day time, but not at night. If 
the building should catch on fire and burn 
a prisoner, would the town be liable in 
damages? 

(A.G.) In Nicholas v. Fountain. 165 
X. C. 116, the court said: "In this State, 
the general principle as herein stated is 
recognized and applied and in respect to 
jails and lock-ups the municipality is held 
only to the duty of properly constructing 
and furnishing the prison and in exercis- 
ing ordinary care in providing the usual 
necessaries of the prisoner. 

"It is held that if the municipal authori- 
ties comply with these requirements the 
municipality is not liable in damages for 
the negligence of its officers to properly 
care for and administer to the wants of 
prisoners." (Citing: Coley v. Statesville, 
121 N. C. 301; Shields v. Durham, 116 
N. C. 394.) 

It the town exercises ordinary and usual 
care in properly constructing and furnish- 
ing a prison, it would not be liable in case 
the building caught fire accidentally and 
burned an inmate thereof. 

J. What constitutes necessary expense. 

25. Armory building. 

(A.G.) An armory is not for such a 
necessary purpose as comes under Con- 
stitution, Article VII, Section 7, which al- 
lows issuance of bonds for its erection 
without a vote of the people. 

26. Necessary expense — vote. 

When Board of Aldermen has deter- 
mined that a project is a necessary ex- 
pense, may citizens ask that the bond issue 
be submitted to a vote? 

(A.G.) Under Article VII, Section 7, 
Constitution, the voters may demand that 
the question of issuing bonds be submitted 
to a popular vote. 

T. City health matters other than school 

health. 
1. State Board of Health. 

(A.G.) C.S. 7050. entitled "duties of 
board," in my opinion, includes county 
and municipal institutions within the 
scope of the duties of the State Board of 
Health. 

X. Ordinances. 

1. Validity of ordinances. 

(A.G.) A town has no power to make 
an act an offense against the town ordi- 
nance which is already an offense against 
the State law; State v. Keith, 94 N. C. 
933; nor is an ordinance of a town valid 
which does not provide a definite and fixed 
penalty for violation: State v. Crenshaio, 
94 N. C. 877. 



November, 1934 



POPULAR GOVERNMENT 



Page Thirty-five 



(A.G.) C.S. 4427, et seq., and Chapter 
14, Public Laws of 1931, contain the law 
in regard to lotteries, slot machines, etc., 
which do not return the same thing in 
market value each and every time they 
are operated. Where the General Assem- 
bly has legislated fully upon a subject the 
town cannot pass ordinances with respect 
thereto. 

(A.G.) An ordinance which provides for 
a fine upon violation of "not more than 
$50.00 nor less than $10.00," would be void 
for vagueness and uncertainty. The penal- 
ty provided must be fixed in amount. (Cit- 
ing: State V. Cainan, 94 N. C. 883; State 
17. Rice, 97 N. C. 421; State v. Worth, 95 
N. C. 615.) 

T, Street assessments. 
30. Statute of limitiitions. 

(A.G.) The case of High Point v. Clin- 
ard. 204 N. C. 149, holds that the statute 
of limitations with respect to actions on 
street assessments is ten years, and that 
it runs from date of last payment thereon. 

Till. Matters affecting chiefly particular 

local officials. 
B. Clerks of the Superior Court 
10. Collection of process tax. 

Can the $2.00 process tax be collected in 
special proceedings? 

(A.G.) This office has heretofore advised 
the Department of Revenue that the proc- 
ess tax imposed by Section 157 of the 
Revenue Act does not apply to special 
proceedings. 

(A.G.) A city is not required to pay the 
$2.00 process tax when instituting a suit, 
but in my judgment when the suit is in- 
stituted by another person and a recovery 
is had against the city, the process tax 
paid by the plaintiff in such suit is recover- 
able against the city as costs. See, Section 
157, Subsec. (c). Current Revenue Act. 
60. Leg:al notices. 

(A.G.) In my judgment a local news- 
paper distributing approximately 150 
copies could properly be held to be eligible 
for a legal publication, and a proper no- 
tice in such a paper would be a legal 
publication. 

65. Registration of aliens. 

(A.G.) C.S. 193, (c), provides that every 
alien entering the State shall, if remaining 
in the State tor over 90 days, register with 
the Clerk of Superior Court of the county 
into which he or she has come to reside, 
within such ninety days. 

82. Decedents' estates — guardian's bond. 

(A.G.) The law requires a Clerk of the 
Superior Court to be diligent in looking 
after the condition of administrations, and 
especially it is their duty to see that fiduci- 
ary bonds are sufficient to protect the 
funds of the estate and of wards. See, 
C.S. 33 to 44 inclusive. 

(A.G.) In my opinion the Clerk may, 
on proper notice to show cause, require 
bonds already given to be strengthened, or 



to file a new one, or give additional surety 
when it is clear that the existing bond is 
insolvent or insufficient. 

I>. Eegisters of Deeds. 
25. Index. 

(A.G.) There is no law requiring that 
documents required to be registered in 
the office of the Register of Deeds shall 
be cross-indexed with a typewriter, al- 
though, obviously, this would be the better 
way. 

L. Local law enforcement officers. 
31. Lotteries. 

(A.G.) It is a violation of the lottery 
law when an owner gives out tickets on 
which a suit may be won, if such tickets 
are distributed to customers as they pay 
for work done by a pressing club. 

70. Possession of pistol in home. 

(A.G.) When officer searches residence 
with search warrant and incidentally finds 
a pistol there, such person is not indictible 
for possession of the pistol without a per- 
mit for it. However, C.S. 5106 makes it 
unlawful to purchase a pistol without hav- 
ing obtained a permit from the Clerk of 
Superior Court. A conviction for purchase 
without a permit might be had. The offi- 
cers could not confiscate the pistol under 
the circumstances. 

M. IVelfare officers, 

21. Petitions under 1933 sterilization law. 

Would consent of the patient and her 
husband for an operation under the Eu- 
genics Law constitute ample protection to 
the surgeon in case a suit was brought 
for damages? 

(A.G.) We do not think so. The steril- 
ization law specifically provides that all 
the provisions thereof shall be strictly 
complied with. 

0. Juvenile Court Officials. 
10. Detention of juTeniies. 

(A.G.) Where child is 14 years old or 
upwards, and is charged with a felony, the 
punishment whereof could not be more 
than 10 years in prison, in that case the 
matter should be investigated by the Judge 
of the Juvenile Court and the probation 
officer, and unless the Judge of the Ju- 
venile Court should be of the opinion that 
the case ought to be brought to the atten- 
tion of the Judge of the Superior Court, 
the case should proceed in the Juvenile 
Court as all other cases under his juris- 
diction. If, however, he should be of the 
opinion that it ought to be brought to the 
attention of the Judge of the Superior 
Court, it is my judgment that this so 
differentiates the case from other juvenile 
cases, that the laws applicable to the de- 
tention of other persons charged with 
crimes apply. 

15. Cost of hospitalization of ward. 

(A.G.) The payment of a bill for a ward 
of the juvenile court sent to a hospital, is 
a matter that does not seem to be taken 



care of in the law at all, in so far as the 
law relating to child welfare and juvenile 
courts is concerned. Therefore, in my 
opinion, it is a proper charge against the 
county. 

P. Judges of Eecorders' and Connty 

Courts. 
20. Jnrisdlctlon over particular offenses. 

Is offense described in C.S. 4419 within 
the jurisdiction of the County Court? 
(This statute applies to the offense of 
throwing or shooting at trains or passen- 
gers.) The statute states, "punished by 
fine or imprisonment in the county jail 
or State's Prison, at the discretion of the 
court." 

(A.G.) The offense is a felony. Full dis- 
cussion of this subject can be found in 
State V. Harwood, 206 N. C. 87. The case 
should be sent to the Superior Court. 

50. Filling of vacancies. 

(A.G.) Where no provision is made by 
act for filling a vacancy caused by the 
death of the recorder, such vacancy should 
be filled by the Governor. Constitution, 
Article IV, Section 2. 

T. Justices of the Peace. 
1. Fees. 

(A.G.) General fee for the issuance of 
a warrant is 50c. This, however, varies 
according to the local act. A Justice of 
the Peace has no right to demand fees in 
advance for issuing a criminal warrant. 

3. Service of process. 

(A.G.) A Justice of the Peace has the 
right, when a proper officer is not avail- 
able, to deputize any person to serve a 
warrant, endorsing the authorization on 
the warrant itself. He might thus depu- 
tize a police officer, who could serve such 
a warrant under such authorization any- 
where in the county. He would be serving 
it by virtue of the authorization of the 
Justice of the Peace, and not as a public 
officer. See, C.S. 4534. 

12. Jurisdiction over particular offenses. 

(A.G.) Ch. 228, Public Laws 1933, which 
allows the court, after paternity is fixed, 
"to commit the defendant to prison for a 
term not to exceed 6 months," has been 
considered by this department to remove 
bastardy from the final jurisdiction of 
Justices of the Peace Courts. 

(A.G.) Requirements as to lighting 
equipment of vehicles are set out in C.S. 
2621 (89). Section 58 of C.S. 2621 (100) 
makes it a misdemeanor to violate any 
of the provisions of this law, unless such 
violation is declared to be a felony. See 
also C.S. 2621 (99.a), taken from Chapter 
235, Section 2 of the Public Laws of 1931. 
In my opinion, driving without proper 
lights is not within the jurisdiction of a 
Justice of the Peace. 

13. Territorial jurisdiction. 

(A.G.) Generally, a Justice of the Peace 
has the right to hear a criminal case 



Page Thirty-six 



POPULAR GOVERNMENT 



November, 1934 



arising within a town as well as outside 
of a town. 

(A.G.) Under C.S. 1479 and 1481, Jus- 
tices of the Peace have the right to try 
a criminal case arising anywhere in their 
county. That is the general rule. There 
may be legislation in certain localities re 
stricting certain trials to Recorder's Court. 

U. Aotary Public 
1. Fees. 

(A.G.) The subject of notaries' fees in 
this State is not very definitely fixed, but 
usually the fees charged by a notary are 
the same as other officers authorized to do 
the same service. C.S. 317S might apply. 
"For every necessary service where no fee 
is fixed, they shall be allowed 20c for 
every 90 words" (In taking deposition). 
When depositions are taken before the 
commissioners, by order of court, the fees 
of the commissioners are usually fixed by 
the court requiring the deposition. 
Y. Game Wardens. 

30. Particular rulings affecting game 
laws. 

(A.G.) Under the North Carolina Game 
Law Regulations foxes are classed as game 
animals and open and closed seasons are 
governed by Public-Local legislation. The 
State does not place an open or closed 
season on the hunting of foxes. The only 
violation of the law In so far as the State 
is concerned would be the hunting of foxes 
without having obtained a license. 

IX. Double office holding. 

20. Vice-Recorder. 

(A.G.) A Board of Education member 
and Vice-Recorder are both public oflices 
in the meaning of Constitution, Article 14, 
Section 7. 

21. Chief of Police. 

( A.G. ) A chief of police is a public officer 
under the Constitutional provision. As to 
whether a deputy sheriff is a public officer 
or not would depend on the law under 
which he was appointed. Some Public- 
Local Act may apply in case of deputy 
sheriffs. 

X. Primaries. 
B. Ballots. 

10. Absentee ballots. 

(A.G.) Written authority was signed 
(in this case) to an agent to procure from 
the Registrar an application and ticket 
for the voter, with the provision, "and 1 

hereby instruct and authorize 

, my agent, to make application 

for me and to endorse my name for me 
on said application and ticket." The agent 
thereupon obtained the ballot, signed the 
voter's name on the ballot, marked the 
ballot for the voter, put it into an envelope 
and voted it without the voter's ever hav- 
ing seen the ballot. 

Upon these facts the procedure is not 
in accordance with the Election Law and 
a ballot so deposited is void as not having 
been legally voted, and should not be 
counted. 



YOUR PENNY IS 

BIGGER 

WHEN SPENT FOR ELECTRICITY 




A Penny — One penny — a small copper penny — what can 
you buy with it? A sticl; of Gum.' A tiny piece of Choco- 
late? But whtn it's spent for electricity, the purchasin,? 
power of a penny is mightily increased. In fact, one cent 
becomes quitft a big, robust coin. That's because elec- 
tricity is so cheap. 

A FTER the consumption of 3o K. W. hours, which is 
'» less than the average family's requirements for light- 
ing alone, 

A SINGLE PENNY WILL 

Make 37 pieces of golden brown toast. 

Keep a 25-watt light burning from dusk 'till daylight (12 »^ hrs.) 

Bring in more than six half-hour programs on average radio. 

Fan you for sis hours. 

Keep food fresh and make ice cubes five hours. 

Operate electric iron for half an hour. 

Vacuum clean eight room-size rugs (two hours, five minutes). 

Operate food mixer five hoars. 

Wash all dishes for a full week (22% meals). 

Wash 3 3/4 tubs full of clothes. 

Give over six hours relief from pain with a heating pad. 

SOUTHERN PUBLIC UTILITIES COMPAIVY 
DUKE POWER COMPA]\Y 

Charlotte, N. C. 




The Champion Fibre 
Company 



M n n u f €t c t ti r e r s of 



BLEACHED SODA PULP 
BLEACHED SULPHITE PULP 
BLEACHED KBAFT PULP 



Specializitiff in the 
Production of the 

Following Papers: 



BOOK. TABLET, EIWELOPE 

TAG. BOI\D, POST CABD 

and PBESS BOABD 



IN ITS CHEMICAL DIVISION, MANUFACTURES 

CHESTNUT WOOD EXTRACT— L/(?C//D AND POW^DER 

CAUSTIC SODA— LIQUID, SOLID AND FLAKE 

TURPENTINE : SODKIM RESINATE : SODIUM HYPOCHLORITE 
AND ADHESR^ES 



i-m^ 



THE CHAMPION FIBBE COMPANY 

Canton, I\orth Carolina 





Bonds of the United States 




Government, the State of 




North Carolina, Joint Stock 




Land Banks, Federal Land 




Banks and North Carolina 




Municipalities — all listed and 




unlisted securities — Bought, 




Sold, Quoted. 




■ 




KIRCHOFER & ARNOLD, INC. 


SECURITIES FOR INVESTMENT 




SECURITY BANK BLDG. PLANTERS NATL. BANK BLDG. 




RALEIGH, N. C. ROCKY MOUNT, N. C. 




Telephones 465-6 Telephone 476 




Dl RECT Wl RE TO CORRESPONDENT, PASK & WALBRI DGE 




ONE WALL STREET, NEW YORK CITY. MEMBERS NEW 




YORK STOCK EXCHANGE : NEW YORK CURB EXCHANGE