Memorandum to: Governor Luther H. Hodges, From: Thomas Wade Bruton, Attorney General, Subject: Powers of the Governor of North Carolina in Relation to Lunch Counter Sit-ins and any Riots or Breaches of the Peace Incident Thereto, March 9, 1960

STATE OF NORTH CAROLINA Department of Justice Raleigh Thomas Wade Bruton ИХ0СЖХ8СЗВХЗШ»КС5. ATTORNEY GENERAL MEMORANDUM TO: PROM: SUBJECT : Thomas Wade Bruton, Attorney General Powers of the Governor of North Carolina in Relation to Lunch Counter Sit-ins and any Riots or Breaches of the Peace Incident Thereto. The maximum applicable power grant expressed and conferred by the North Carolina Constitution, and statutes pursuant there to, upon the office of Governor, relates to his denomination as Commander in Chief of the militia. Article 12, Section empowers the Governor to call out the militia to execute the law and to suppress riots. The ordinary and usual power and authority is expressed in Article 3i Section 1, of the North Carolina Constitution, which vests the supreme executive power of the State in the Governor. The statutory laws of North Carolina elaborate little upon these constitutional grants of authority. The primary appli¬ cable statute is G. S. llj.7-12 in part, which gives the Governor the power and duty of supervising the official conduct of "all executive and ministerial officers . ..". It is appropriate to note that there Is no constitutional or statutory expression by which the Governor is authorized or empowered to supplant or oust local law enforcement officials engaged in the proper dis¬ charge of their traditional criminal law enforcement responsi¬ bilities. Where the local situation^reaapnably requires it, however, there are a number of measures which the Governor may lawfully take, primarily involving the commitment of State law enforce¬ ment agencies, in aid, support and re-enforcement of local law enforcement agencies. The State Highway Patrol is, of course, manned and officered by individuals trained and authorized in the law enforcement field and through the Director of the Motor Vehicles Department and the Commander of the State Highway Patrol, the Governor may make personnel and facilities of the State Highway Patrol available .