Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-11-28
! the Injunction. referred to in tbe pro-

To ire Uoi,I rate the Senate Of
North Ca 'olina:
NDur committee, Senators John i:
Cramer and j. W, Ellis, have lust
called on me and requested on behalf
of the Senate an answer, in writing, 10
the question whether there is now any
rest RANT upon the Public Treasurer
from paying out money from the treas
ury by reason OF the suit of Alfred
Self and others against him III the
Federal Court.
In reply I beg leave to say that no
writ of Injunction can be granted by
any Judge of the United States IN any
case, without reasonable previous
notice to the adverse party or its
attorney, Of the time and place OF
moving for the same. Sec Brightly's
Digest Laws Of the I. s.. vol. l, p.
25G, title equity, sec. :.
Upon an examination OF the process
served ON the Public Treasurer, it ap-
pears that a bill was fled by Alfred
Self, 4 citizen of the State of New
York, in the Clerks Office for the
Eastern District of North Carolina,
praying for subpoena, &C., and an
Injunction special to the hearing and
perpetual thereafter, &c. The usual
Equity subpoena was issued on the
18th of November, 1873, commanding
the defendant to answer the bill and
receive and abide the Judgment, &C.,
of the Judge, on pain of judgment by
default being taken against him, on or
before the first Monday If January
next. His Honor, Judge Bond, on the
10th of November made an order that
| the cause be set for hearing, upon the
| notion for an injunction, on Wednes-
day of the Circuit Court, to be held
at Raleigh, provided that a copy of
this order be served on the defendant
within six days from the date of the
| order
This was simply an order that he
would hear and consider the applica-
ton for the Injunction on the third
day of the term, provided the notice
was given, and, at that time, grant the
| Injunction, or, at That time refuse the
injunction.
He certainly did moi grant writ OF
injunction at the time he made the
foregoing order, nor could he have
done so, because no notice had been
given to the defendant; and further
the idea Of ali injunction is excluded
eide to grant or deny the writ.
If the complainant, Alfred Sell, had
desired restraining order before the
hearing of the motion for an iniunc
ton, it WAS competent for him to ap
| ply for il, and his Honor might, in s
proper case, if there appeared to be
lay, have granted an order restraining
the Public Treasurer until the decision
upon the motion for IN Injunction
So easy was it for the complainant tt
have obtained such restraining order
Judge, upon a proper case. have haG
it without security. See act Of Con
gress, approved June 1st, 1872, chap
ter 255, sec. 7, statues at large, second
session of the Forty-second Congress-
case, to this order, he has not yet OBJ
tanned it. No such order has beer
made, that am aware of. 1t may b,
urged that the prayer for a writ of in
junction in the bill, and the service O.
together with the order setting tn,
motion for injunction for hearing I
certain day, operate as an injunction
| VI oiuCI VI ItSlIdlut. NOV 81.
Ii such restraint had been desired
the complainant had his remedy. Hi
course was marked out by the statute
And when a party has a remedy
plainly provided by law, that is tn
one he must take.
L am of opinion that the acts of Con
gress above alluded to are decisive O
the question, and therefore it is no
t,, fur fu
J sustain this view.
. My opinion is that these suits do no
now constitute any legal impedimen
out money from the treasury Oh prope
warrants from the Auditor.
tSiSnedl L. l.. HARGRoyE,
: -AttorneyGencral.
HOUSE OF REPRESENTATIVES,
SATURDAY, Nov. %.
Mr.. Brooks, q petition from the men
r bers and friends OF the Methods
t Church at Shallotte Camp Ground i
| Brunswick county, asking bill to pre-
, vent the sale of liquor in two miles {
, said Church. Calendar.
: READ AND REFERRED.
, Mr.. Houston, q resolution OF instruc
+ ton to the Attorney-General.
Mr.. Wiley, a bill to prevent the sci
ing of articles by tie offer of gifts O
prizes.
Hughes, colored, a bill to create
3 ! laborer's and mechanics lien law, &c
Mr.. Cobb, a bill to extend the tim
allowed sheriffs and tax collectors i
which to settle their amounts with tn
: county treasurer.
! Mr.. Blythe, bill to allow widow
3 to sell real estate.
Mr.. German, bill to organize
equip and discipline the militia c
5 North Carolina.
The hour Of IL having arrived tn
Speaker announced the special orde,
: being the resolution concerning tn
, increase of salaries of members c
: Congress.
/ On motion of Mr.. Houston, tn
: special order was postponed five min
utes, and the resolution of instructor
to the Attorney General was consid
, cred and adopted.
The consideration Of the special OF
der was resumed.
: On motion of Mr. Jones, of Cald
| | we'll, the whole matter was referred
= the Judiciary Committee, with in
l structions to report resolutions on tn
. subject.
Mr., tones, oil Caldwell, offered
resolution in regard to repairs in tn
Hall OF the House. requiring tn
: Doorkeeper to have partition erecte
in the gallery-one side for tho use Q
the colored and the other for tn
, whites. Referred.
) | Invitation to the House OF Repre-
sentatives to attend the Fair of tn
CaroIinas Mt Charlotte was read.
, On motion OF Mr.. Jones, of Cald
| we'll, resolution Of thanks was vote
T to the officers of the Fair of the Caro-
, linas for their polite invitation.
SENATE.
Monday, Nov. oath.
MADISON, col, asked that the bill TO
the special relief of the Sheriff of Ne,
Hanover be taken up, which bill grant
the Sheriff until the first Monday il
February.
It WAS advocated by Messrs Ellis