Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1895-04-11
News s. Observer.

Complaint Yesterday.
Raleigh News s. Observer.
Yesterday afternoon, Governor
Carr came in from the drizzly
air and presented himself to SUI
perior Court Clerk, D. H.
Young.
The Governor came as private
citizen, Elias Carr, to present
himself and all other citizens VS..
Octavius Coke, Secretary Of
State Of North Carolina. There
was a copy, too, which YVES put
in the hands of the sheriff and
will this morning be served upon
the Secretary. In the meantime
the Secretary will be enjoined
from publication of the act
known as the Anti-preference
law and the cause will be heard
before the next term of the Su-
perior Court. Without further
comment the complaint with the
above explanation is laid before
the readers of the Nea0s Dc Obser-
ger as the heroic attempt Of the
Governor to stand, as the princi-
pal citizen of the State, between
its citizens and the business rev
olution into which they were
about to be plunged by the era
ven corruption of some Vicious
hand
State of North Carolina-Wake
county, Superior Court, April
term, 1895.
Elias Carr, in behalf of himself
aud all other citizens of the
State Of North Carolina, VS..
Octavius Coke, Secretary of
State of North Carolina.
COMPLAINT.
The plaintiff, in behalf Of him
self and all other citizens of the
State Of North Carolina, com
planning, alleges:
1st. That defendant is Secret
airy Of State of North Carolina,
and by virtue Of his Office has
the custody of all the acts pass
ed by the Legislature Of 1895. or
which purport to have been
passed by it,
End. It becomes his duty by
law to deliver certified copies of
said acts to the public printer Of
said State for printing and pub
LEGATION.
3rd. When SO printed and pub
lished, they become presumptive
evidence that they r laws duly
and constitutionally enacted.
4th. On the 12-h day Of March,
A. D. 1907 vas signed by
the Senate and
IS se Of Repre-
sentatives in The Legislature of
North Carolina, at it's last ses-
sion, in the presence of each
House, and purports to have
been ratified upon that day,
which reads as follows:
AN Act to regulate assign
ments and other conveyances of
like nature in North Carolina.
1.-THE General Assembly Of
North Carolina do enact:
"Section /. That all condi-
tional sales, assignments, mort
cages, or deeds Of trust which
are executed to secure any debt,
obligation note, or bond, which
gives preference to any creditor
of the maker shall be absolutely
void as to existing creditors.
"Section 2. That all laws in
conflict with this act are hereby
repealed.
.'Section 3. That this act shall
be in force from and after it's
ratification.
Ratified the 18th day of
March, 1896"
5th. The said bill, as this plain
tiff is informed and believes, was
not enacted a law in accordance
with the provisions of the Con
stitution of this State.
9th. The Journals of both
Houses of the Legislature show
that it was not read three times
in either House.
9TH. The Journal of the Senate
shows thatit was never read be-
fore that body, and never passed
any reading in it.
9Th. The Journal Of the House
Of Representatives shows that it
was introduced in that body and
referred to a committee, the said
committee reported it back to
the House with an amendment,
and that it was laid on the table
on it's second reading in that
body, on the 18th day Of March,
A. D., 1895.
9th. The bill is marked and
stamped, Tabled 18th day OF
March, A. D., 1895.
10th. It is now deposited
amongst the tabled bills in their
proper receptacle in what is
known as the Old State Library,
in the Capitol.
18th. By some means unknown
to this plaintiff, but which he is
informed and believes to be
fraudulent, the said bill was en-.
rolled by some person to this
plaintiff unknown, in the Office Of
the Enrolling Clerk, and signed
by mistake by the President Of
the Senate and Speaker of the
House of Representatives upon
the day upon which it purports
to have been ratified.