The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1885-10-02

The STocK LAW BEFORE JUDGE GUDGER.
The CITIzKN has already given the re-
suit of the conclusion of the argument
bofore His Honor Judge Gudger at Web
ster Tuesday night. The argument was
opened for the Board of County Conn
missioners, defendants, by Gen'l john
stone Jones, in speech of great force,
discussing the law and the facts with eff
fective clearness. He defended the COM
missioners and Justices with decided
emphasis and power against the charges
of trickery and indecency and outrage,
which had been preferred against them;
and he sustained the strictly legal points
claimed by the defendants with a long
array of decisions by the supreme court
Mr.. f. A. Sondley of counsel for the
plaintiff concluded the argument. This
gentleman was greatly and unfortunately
Fclreumscribed, being limited to a very
short time, but he made one of the best,
speeches we ever heard, presenting
many and very adroit arguments, and,
shade of the mighty Jurists; sustained
his claims by strong and thequlvocal
citations from the opinionS of the su-
HpFeme Canrts He aEI Sens h Zones sat-
isfied us all that so far as the stock law
is concerned, both sides of the question
can be proven by the supreme court of
this State. tssi i.-t'tl ~ =
Each side has cause to be fully salts
fed with the efforts of its respective
counsel at Webster; and though we did
not hear the speeches of Messrs. Gudger,
Merrimon and Carter, at Waynesville,
from what we have heard, the whole
case has been handled in the argt1-
ments with signal ability. f bffl
The next morning his Honor Judge
Gudger rendered his decision He said
have carefully examined the statute.
which establishes the stock law through
out the county of Buncombe, providing,
however, that a joint meeting of the COM
missioners and Justices of the Peace may
exempt certain. townships from the OPP
erations of the law under certain cilcum-
stances. There is nothing before me to
show that by resolution or otherwise the
joint meeting had made such exemption.
1t is charged that the petition of Black
Mountain was presented to the Joint
meeting, and that the meeting was
adjourned by trick or conspiracy to de-
feat consideration and thereby did defeat
consideration thereof The delivery of
the petition of said township to Mr.. Way
was not presentation to the meeting,
and there is no evidence before me that
the meeting, as such, ever heard or con-
sidered the petition; and as to the charge
of conspiracy; the affdavits of large
number of good men declare to the con-
trary. In view of these facts, cannot
grant the injunction prayed for; cannot
interfere with the commissioners in
carrying out the law. If the plaintiff
desire, l will grant an alternative man
damus, directed to the proper officers of
the two boards, to either meet and hear
and consider the petition of Black Noun
tain, or to show cause before me at |
Chambers, at Franklin on the 10th inst, |
why an order should not issue compelling
them to SO meet and hear the prayer of |
said Black Mountain township This
suggestion was accepted by counsel for |
plaintiff, and the mandamus granted &C
cordingly, particulars of which we have
already given in the CITIZEN.
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