The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1883-07-25
For the Fnr and Mechanic
The City ~tF.

damus case came to q &c iHS' neSA "
&C. -Judge Phillips. n decided that
.sNand.mus was not the proper remedy
for the Plaintiff. ,..bo
This determination % reached ~ 'he
Judge after many houn 'Aoo'iou -
able arguments, and th deatius "
Plaintiffs testimony. wien WAS ~
stance as follows: Threenieetlnes oi .ue
Board of newly elected .ldermeh "elI
held in the Mayors tlce, n usuA'
place for such meeting , AFTER Tue
approval of the minusest the last meet
ing, at the third rneeng', Aiaetihan
Rosenthal handed To re DIRK certain
letters from the Gig Attorney TO 'he
Attorney General, aud rom the at.of-
new G.nersl in reply 10 he City Attor-
nov when the said AAenan, immediate
10 and before tskinu h seat, Introduc-
ed a resolution declann vacant the sea,
of Alderman Ellison pom the grouno
that he held a Federal nee, and c'iue'
the preraous question . hn rescut'o"
Ellison rose and insiste on ms rlght 10
speak TO The resolution the Mayor OF
uered him to take MS al, anu Oh Ell
sons insisting that IL sas an American
citizen and had the fiat 10 speak on z
matter which SO vial Interested hllii'
the Mayor again urded hlm to taAe
his seat, and said Il you don { take
your seat, | will forA ~ DC so.
The year and nayD vre demanded on
the previous cuestloa, lie vote stood 5 10
8, the Mayor delivese the casting vote,
and before the vo1 as taken Oh the
resolution. nine of th Board including
Ellison, took up theii hats and lett the
ROOM
From this testimon We gather thee
facts; that. whenevert necessary for
the Board Of Alderren TO declare the
seat of one of its huber vacant they
will do SO: That the Mayor OF the city
will compel a cit zen, no is about to be
deprived of his ottice : resolution, to SIT
quietly and dumbly vii tor his expul
sion that 40 evidece OF a fact IS lie
CURED ID such a case, ut that a resolu-
ton simply declArip a certain 81 late OF
things to exist is amy sufficient that
the induction into ofe, and the perfor-
nance of its duties is matter of no mo-
ment that the fact tat Ellison held the
year previous. while b was n Alderman,
the same position tbahe occupied when
Ills seat in May last US declared vacant,
and that the City Attfney and the whole
Board of Aldcrmen wi knew it, makes
no difference; that thtAttorney General
has declared over his s,n manual hat the
man whose duties "a United States
officer require him tcweep the rooms,
and give diiigent attItion to Gle .n,lnp
ofthe spittoon of II posl-otice, is an
officer within the inhLtion of our Con
stitutlOnt
Ii the opinion oftf Attorney General
be law, one may coniude that he who
performs any service)r the Government
of the United States forbidden to hold
a State Office. Is thenan who cuts the
grass, as its growth CDands, in the real
OF the post-ofhce alsoo be exclud d?
We have in Our Site several gentle
men who sit high ! our Democratic
Councils who hold wo Offices. Some
large lights, some sser, are living ex
ample. ofthe capacir Of some men iol
two Offices! )
Why begin enforcir the Constitution
al provision on the pity office of Alder
man Of the City Of Reign?
\: good and true sIrtsulan never fl q
at a sparrow, when q ca lie is III shoot.
ing distance, unless Is view Of the 81.
is Obstructed by the s,rrow.
But there are spaDws that stand iu
the way of certain me to office aud tho,
must be killed. Besns this, some guns
carry mustard seed b better than buck
1t is true that all this trouble was
brought upon the ~ by a determine
fInn On tho nart nj IN r1.1 - .ou
to preserve the iAerity of Democratic
organization" as the say and We also
notice that these ver.men to whom par
ty organization is 50 Try d, ar are off &C.
holders of u city, al were re-cho>e1
to fill their old pies. Surely. with
them the supremacy the organization
must be maintained, even though some
of the men who are cled upon TO stand
square have boltedaud run Indepeu-
dent SO often, and we'd with the adver-
sary So frequently, tit when they heard
the cry of hold toour party" they
hardly knew uhetheihe cry came from
the Democratic or Republican Head
quarters!
Well: we should stand square, to
party, but not to its rganization, when
to do so, is TO strike blow at The fun.
damental principles of Mans rights.
No man shall be oprived of his life
liberty or property. BIT by due course of
law, declares our Ill Of Rights. TIL,
only question for u now to know IS
What is meant by oe course of law 2
he most recent d;ision rendered ON
this point Is the onelately delivered b,
the eight Aldermer,f city of Raleigh.
and affirmed by its Ia officers. Heart
gentle reader, it will trike YOU strange
iy, and yoa will remaber it. Introduce
a resolution, call ~theprevious question
thereby u oft deba, have a presiding
oflcer who L up it'll You IN ma,ters,
and you have then uhiny to d, but to
invite the presence q policeman, and
the business is done.
VIII spme one IT lie high dignitaries
tell low they wou like to be put
'h'"u:h d course , party ~organiZa-
ton
The rin Of little ell, the saying of a
few word. were N lat wa, require, in
the Nprth urin : th,late war, to nut a
man IN a U & ~. I'LL some one tel;
as the difference il principle between
this and the lesJlutil case" One was
10 save party, so 1t rs s4a, the other
was tor the same lrpose 50 1t as sid.
oy one, a man as deprived of his
liberty. By the 9TH, a man was den,iy-
ed OF his property he due course of
law used 10 either sc was the require
of the timesl
Freemen, ye whlove law and order
ABOVE all party organatlon, and We who
know for your on protection, it is a
necessity that the institution Of your
State shall stand uspoiled Of any OF
Its blood bought wors, let US all unite,
strike hands and swer that these things
shall cease! DeMoCRAr-
EAII IrnEn III uNl IL