The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1888-04-07
PROHIBITION POWDER
THE TEMPERANCE PEOPLE ARE
DISSATISFIED,
And Will Resort to the Courts-A
Mandamus Suit Instituted
Yesterday.

| Yesterday.
The CITIZEN has heretofore an
nounced the fact that the hoard of
CO lntv commissioners for this coun~
ty, at their regular monthly meet
ing, held last Monday, had before
them for consideration petitions
asking that az election he held in
the city of Asheville the first MOn-
day in June on the question of Ii
cense or no license, as provided by
Law, and the action of the board with
reference thereto. The failure of
those who Tere leaders in the move
ment TO obtain the election to secure
the order, has proven o source
Of great surprise and dissatia
faction to them, claiming as they
do that they had sufficient num-
Der OF pam-s on their petitions TO
meet the requirements of the law,
and that the action of the Beard in
refusing to call the election was un-
warranted in law, and in violation
of their rights.
From what we learn by conyer-
sation with gentlemen who are &C
quainted with the facts, it seems
that the principal grievance of the
prohibitionists consists in the de-
clination of the commissioners 10
consider the petitions presented on
Tuesday morning as an addition to
the original petition filed Monday.
The original petition presented
Monday contained in all 472 names,
whicn prima taeie was sufficient, but
the ants were on hand with their
attorney, who proposed to show that
many of the names on this petition
were not registered voters in the
city, and therefore not entitled to
be counted. To determine this
question the commissioners pr -
ceeded to go over the list of names
and ascertain how many were
not registered voters. The result Of
this court developed the fact that
out Of the 472 names on the petit
tions, 113 Of them were not On the
registration book, which reduced the
list to be considered from 472 to
359. The commissioners then pro-
ceeded to make an examination of
the registration book, and found
that it contained all together 1886
names, but 159 of these were strick
en- out as dead or gone, leaving on
the books to be counted 1446
names. One fourth of this number
is 1924. Thus it appears that the
prohibitiOnlsts had q names less
than the requisite number to se-
cure the election.
However, the examination of the
registration books on Monday was
protracted until ii very late hour 10
the evening, and the board took a
recess until Tuesday NOR: ing at
ten o'clock, in the meantime placing
the petitions in custody OF their
clerk. Tuesday morning when the
board convened the counting was
resumed with the result above
stated. In the meantime, however.
the prohibitionists had secured
25 additional names which they pre-
sented and asked that they be cIn-
sidered Here a lively discussion
ensued, participated in 10y P. A.
Cummings, Esq for The pros. and
T. A. Jones, ESQ, for the ants.
After the discussion the chairman
of the board put the question to
vote which resulted in TWO voting for
admitting new petitioners. and two
against. This left the deciding vote
with the chairman who voted
against she consideration of the
new petition, and thus settled the
matter against the dry men.
* above stated this action OF the
board gave riseto no little dissatistac-
ton, and the prohibitionists at once
began consultation with attorneys,
seeking some remedy for what they
consioer d violation of their rights
aud the spirit OF the law. The re-
suit of their consultations 7as the
institution of a mandamus suit to
compel the commissioners to meet
again, consider all the petitions pre-
sented and call the election.
The writ was issued by w. Z.
Reynolds, Clerk of the Superior
Court, yesterday and was in the
name of J. NJ. Israel ct al VS.. the
board OF commissioners, and lis
made returnable before Judge ,,Mc-
Rae at Chambers. At what time it
will be heard cannot b ascertained
until the Judges return to this city,
w''icII he,is expected to do to,daY.
The plsiutiffs are represented by
Messrs. Gudger and Carter, P. A.
Cummings, j. S. Adams and Jones
and Shutord; and the defendants by
NJ. E Carter and T. A. Jones. Both
sides will fight with vigor and zeal,
and there is diversity of opinion
among the members OF the bar as to
the result. At any rate the case will
go to the supreme court.