The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-03-30
THE CITY ELECTION.
THE DEMOCRATIC AND REPUBLI-
CAN ALDERMEN ELECTED.
The Vote in the Various Wards-The Five
Aldermen Appointed by Governor Rus
sell-Dr Wright to BE Msxor-An Inter.
estinS right Promised Today.

esting right romise Today.
The city election was held Thursday
under the act Of the general assem-
bly, ratified on the 9th instant, amend
ing the city charter and providing for
the appointment Of five aldermen by the
governor and the election of one alder
man in each of the five wards of the
city. There was more than usual in
terest at the polls. but the day passed
of in an exceedingly quiet and orderly
manner. Seventeen extra policemen
had been sworn in for duty at the
polls.
The vote resulted in the election Of
the following aldermen:
First Ward-A. ]. Walker, colored,
republican.
Second ward-wm. E. Springer.
democrat.
Third ward-Owen Fennell. demo-
crat.
Fourth Ward-W. E. Yopp, demo-
crat.
Fifth ward-Elijah NJ. Green, col
ored. republican.
THE VOTE BY WARDS.
The returns made to the city clerk
last night after the polls closed, shows
the following vote in the five wards:
First Ward-A. ]. Walker, colored,
republican. $50; c. l.. Spencer, demo-
crat. 201; w. H. Howe, colored, repub-
lican, Sc; c. H. Thomas, colored. re-
publican, 1. Total vote cast, LIS. Reg
istered voters, 1872.
Second Ward-Wm. E. Springer,
democrat, 191; j. C. Munds, democrat,
rs: ballots with both names, thrown
out, 1. Trtal vote cast, 26S. Registered
voters, 321. 9
THU Ward-Owen Fennell, demo-
crat, 26S; Washington Catlett, demo
a~o 10 natal xrnfn noSt cQT PnOiCfpra6
voters, All.
Fourth Ward-W. E. Yopp, demo-
crat, 1879; H. Mel. Green, democrat,
95. Ballots containing both names, /.
Total vote cast, 2S5. Registered voters,
318.
Fifth Ward-Elijah NJ. Green, color
ed, republican, 534; w. E. Mann, DEM
Total vote cast, $50. Registered voters,
ST..
In the Fourth Ward, AZ republican
votes were cast for Mr.. Yopp, but de-
Quoting them from his vote he still re-
ceived a democratic majority of 50. In
the Second and Third wards the repub-
licans stayed away from the polls. only
two or three voting in each ward. The
populists stayed away from the polls
in all the wards, only a few voting.
THE ALDERMEN APPOINTED.
Under the act amending the city
charter. Governor Russell appointed
the following aldermen, as will be
seen by the official advertisement in
today's Messenger:
First Ward-Dr. S. P. Wright, re-
publican.
Second Ward-John C.. Norwood.
colored, republican.
Third Ward-B. F. Keith, silver
party.
Fourth ward-Andrew J. Hewlett,
Fifth Ward-D. j. Benson, republic
can.
With the aldermen elected and ap-
pointed, the board Of aldermen will
as follows: Republicans, s; DEM
ocrats, 3; silver party. 1.
THE NEW BOARD TO ORGANIZE
TODAY.
The new board will meet in the room
of the board Of aldermen at the city
hall today at IL o'clock and organize.
The only forecast we a make of
the action Of the new board UP to our
latest information, is that DR.. Wright
will be elected mayor by the board.
The republicans held a conference last
at the court house, and agreed
this course, in accordance with
their previous understanding.
THE OLD BOARD WILL REFUSE
TO GIVE UP.
Having taken legal advice, the old
of aldermen will meet today
and will refuse to give up their seata
% the new board, taking the ground
hat the act amending the charter is
unconstitutional and that the election
IF the new board is illegal n void. !
Before deciding upon this step, the
democratic members OF the old board
appointed a committee to consult
counsel, and the following is the opin- D.
on Of the lawyers consulted:
ADVISED TO HOLD OVER.
Wilmington, n. c., March 25th, 1897.
dessrs. w. N. Harriss, w. H. Northrop, !
Jr. and Thos. D. Meares, Committee, !
&C.: !,
Gentlemen-In reply to your inquiry, |
whether the mayOr and Of
lldermen ought to surrender the City
government to the persons elected. or
tanning their election, in the various
Yards. and appointed by the governor,
lnder the Act of the General Assembly
t North Carolina, ratified on the 9Th Of
darch, 1897, or to either Of them. I beg
o say, that l have given the matter
he careful consideration which it's i'm
ortance demands, and I am constrain-
d to say that you ought not to sur
ender to any n until the grave on
questions lnVOlVeO nave
cen determined by the highest judicial
tribunal.
Certainly no competent lawyer will
after an examination. hat the
light Of either the legislature or the
to appoint officers to manage
he affairs Of municipalities in this
tate is beyond serious question:; in my
neither have such right or
over.
If, then. there is serious question
bout the power, it is your duty to
ring the matter to the test Of judicial
once for all, n hat can best
e done by refusing to surrender. The
ode OF North Carolina, Section 1872,
the Charter of the City, Acts Of
'76-77, Section 8, provide that you shall
old office until your successors shall
e duly elected and qualified accord
lg to law" II the act is unconstitu-
no one can be duly elected and
according to law" under it.
in law there is no one to succeed
Their Of you: hence, 1t is your duty to
Did over. his course Is approved by
[r. Justice Rodman in delivering the
of the court in a similar case.