Opinion

Brown v. . Turner

  • 70 N.C. 93
Court
Supreme Court of North Carolina
Filed
Jan 5, 1874
Status
Published
Author
Settle
On the bench
Bynum, Rodman, Settle, Reade
Cited by
33 cases
Authority
More cited than 11.7%

The opinion

Settle, J.

(Dissenting.) I do'not propose to discuss the questions presented for decision ; but I merely wish to state that I do not concur in the opinion of the majority of the Court, believing, as I do, that Clark v. Stanley, 66 N. C. 59 ; People v. McKee, 68 N. C. 429 ; People v. Johnston, Id. 471 ; People v. Bledsoe, Id. 459 ; People v. McGowan, Id. 520 , and Howerton v. Tate, Id. 546 . were well decided, and applying the principles upon which those cases are made, to stand to the case before us, I am forced to the conclusion that the Public Printer is an officer of the State, and that consequently the Legislature cannot either directly or indirectly appoint a person to discharge the duties of that office.

It is true that the Legislature have professed to abolish the office of Public Printer, just as they professed to abolish the offices of the Boards of Directors for the Asylum, &c., but they have left all the important duties heretofore performed by the Public Printer, an officer, to be performed by the Public Printer, a contractor.

Can it be, that such a play upon a word, can change the essence, the substance of a thing % It may be found that this Court has gone too far, in the cases referred to. I do not think *108 so; but certainly the opinion of the majority of the Court, in this case, cuts us loose from our moorings and puts ns at sea again.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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