The news & observer., 1896-12-11
FOR CONTEMPT or COURT
HIS Right OF Hab sas Corpus
was Argued Yesterday
ekFoag THE CHEF JUSTICE
A;e DECISION will be Rendered at the
Earliest Possible Moment--UntIl
Then Skies viii be Allowed
TO Give Bail.

civen them by the law for the appoint
ment of two county commissioners in ad-
dition to the three elected by the people,
went before James nj. Skies,
CRep.). clerk of the court, and
offered to take the oath in the IAN
onage of the statute. But he would not
administer it and declined to administer
any oath except in the form prepared oy
himself. This they declined to take, ana
annliel to Judge Graham for rule on
Skies to show cause why he should not
administer the oath as required by law
rI'he rula was issued and upon hearing
the same. the judge ordered the clerk OF
administer the oath as prescribed by the
statute. Within few days thereafter
these citizens got up a petition OF more
thon TWO hundred electors of the county,
moro one hundred of whom were free
holders and asked the clerk to certify
that one hundred of them were free
holders in said county. This the clerk
fatty refused to do unless the petition
ers should each one come before nam ana
swear he was q free holder.
This was done for the purpose OF annoy
inc the petitioners and trying TO prevent
the petition being prepared, before Tue
first Monday in December, the ume at
which the new board must organize. Inc
petitioners, through their attorneys, L.
Ianier and j. Crawford Blggs, Esq''
then got a certified copy of the tax books
of the county showing that more tnan one
hundred of the petitioners were Iree-
holders, and also offered TO introduce
the tax books themselves. But stlll inns
high and mighty clerk refused TO receive
such evidence. And IN this eonnectlon
It might be well to state just here that Ia
drawing special venire ana IN cnanehs-
ing a tales juror, the tax books OF coun-
ty are always admitted as prima facie
evidence as to the qualifications OIL sucn
iuror as a free holder.
The petitioners then applied to Judge
McIyer for q rule on Skies TO show cause
why he should not discharge his duty and
make the certificate. The judge SAID
that he was so unwen and weak he could
not give the matter attention and asked
them to wait until Judge Graham return
ed on Friday night. On Saturday the
application was made TO Judge Graham,
who Immediately notified Judge Mclver
and asked him as judge presiding III the
district to take charge OF the matteT.
He again excused himself ON account Oh
his feeble condition, and insisted upon
Judge Graham taking charge OF and de-
termining the case.
The rule was issued returnable Satur-
day night at o'clock, at which time
Skies. through his counsel, asked for time
To file an answer The judge gave him
half an hour and he then returned with
an answer in form of a certificate, saying
that two hundred electors had not sign
ed the petition and that not one hundred
of the signers were freeholders. This
certificate was false and so proven after
wards to be.
Col Edwards then claimed that Skies
had fully answered the rule served on him
and was entitled to be discharged and
that the Judge was concluded by the GER
tificate and could go no further. The
Judge ruled differently and held that
the answer was insufficient and directed
the registration and tax books to be
brought in and proceeded in the presence
of Skies and his attorneys TO compare
the names on the petition with the tax
and registration books. The books of
Bell Town and Geneva could not be
found. (The law makes the clerk custo-
dian of the.l And as several Of the peta-
TONERS were from those precincts, the
Judge permitted the plaintiff TO supply
their places with other names and con-
tinued the matter to half past O'Clock
Monday morning.
At that time the hearing was resumed
and the judge finding that more than
two hundred voters in the county, more
than one hundred of whom Were free
holders had signed the petition ordered
the clerk to make the certificate, which
the clerk refused to do The judge there
upon adiudged that Skies was in con-
tempt Of court and fined him $3.50, and
committed him to jail until he should
purge himself Of the contempt.
Skies thereupon applied to Judge Nc
Iyer for writ of habeas corpus, which
was granted, but was made returnable
before Chief Justice Faircloth in Raj
eigh.
THE NEW COMMISSIONERS.
Iudge Graham then found as a fact
that FIVE electors of the county had made
affidayit that they verify believed the
business Of the county, if left entirely
in the hands Of the three commissioners
elected by the people on Nov. 3, 1896,
would be improperly mana ged, that
two hundred electors of the county, more
than one hundred Of whom were free
holders, had petitioned for the appoint
ment of two additional commissioners,
and that the clerk had refused to certify
to that fact and proceeded TO appoint
Messrs. w. T. Lyon and G.. B. Royster
additional commissioners.
Immediately upon their appointment
Messrs. Lyon and Royster took the oath
of Office before a Justice Of the Peace
and proceeded to the room of the Board
of commissioners. The other three COM
missiopers, under the advice Of Messrs.
Edwards and Royster. refused TO permit
them to sit with them or in any way par
ticipata In the proceedings of the board.
Thereupon, Mr. Lyon made affidavit of
these facts and applied to Judge McIver
for an order to compel the said. commits
sioners. G. AI. Rogers, j. a. Bullock and
y. G. Ferralow, to admit said Lyon to the
deliberations of the Board and to enjoin
them from the transaction of any busi-
ness until that was done.