Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-24
STATE NEWS.
n. RECONSTRUCTED.

MUNICIPAL lMBhoGLIo.- Holden,
on yesterday, usurped the authority to ap-
point the following Board of Commission
ers of this city, and to remove the present
lawful incumbents
Middle Ward-W. r. Richardson, A. L.
Lougee, J. p. Adams
Eastern Ward-Jno. T. Williamson,
Forney Whitaker, Handy Lockhart, me
gro).
Western Ward-Jefferson Fisher, Jno.
r. Harrison, JAS. Fl. Harris (negro).
We shall not stop now to canvass the
character of these appointments, for
graver Issues are at stake. The spurious
Board convened at the EcecutiUe office
and recommended Col. W. II. Harrison for
Mayor.
The present legal Board, questioning
Holden's authority under the law to dis
place them, at once, and very properly,
consulted eminent Counsel as to their
duty under the circumstances. Acting un-
der the following opinion they refused as
they should have done, to submit volun-
tarily to this gross infringement of their
rights, locked the doors of the Mayors
office, removed the official papers of the
town. and now calmly await further pro-
ceedings
counsel for the city of Raleigh, whether
W. W. Holden, Governor of North Caro-
lima, who has assumed the right to appoint
and commission Mayor and Commission
ers for the city of Raleigh, has any right,
under the existing laws, TO make such ap-
pOlntments and issue such commissions :;
and also to advise the present Mayor and
commissioners, now exercising said Off
ces, as to their rights and duties in the
premises
We unhesitatingly give it as our opinion
that Governor Holden has no such rights
as he has assumed in this behalf that his
appointments and commissions, issued and
made to those claiming to be Mayor and
Commissioners of the city of Raleigh, are
invalid, null and void :; and that it is the
duty of the present incumbents of said
offices, now exercising their functions as
we'll as their right, to continue in their
Offices and in the performance of their
B. F. MOORE,
A s. MERRIMoN,
Ed. GRAHAM HAYWOOD,
Attorneys at Law"
July IA, 1868.
The following is copy of Mayor Hay
woods excellent reply to the extraordinary
demand for the surrender of his lawful au-
thorlty
MAYORS OFFICE,
CITY OF RALEIGH. N. c.,
July 18th, 1868.
". II. Harrison, Esq, Raleigh, ". e.:
SIR Il have submitted TO the Board of Com
mlssloners OF this city your demand upon me to
surrender this Office and the records, papers, pro-
perty. &c, belonging thereto, sto yourself and
other gentlemen named by you, who claim to be
the aPpolntees, as Mayor and commissioners OF
this city, of his Excellency, Gov. Holden.
Upon due consideration, and under the advice |
of counsel it is the opinion of the Board of Com
missione that the appointments purporting to
be made by Gov. Holden are without the sanction
of law, and we are advised that it is both our
right and duty to continue in the exercise of our
offices, and respectfully to decline to surrender
the office and to comply with tho demand by you
made upon me. address you this letter by or
der of the Board of Commissioners.
am, &C., Your obedient servant,
VIM. d. HAYWOOD.
Mayor Of the City Of Raleigh.
We learn that the whole matter will come