The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-12-28

1Ly TO De ISdEu. 1IlIS pFOCSeuIHS - dl
least a novelty and, so far as l can re-
member, without precedent, certainly
in North Carolina"
He says the suspension Of the defen-
dent was no executive fuctiOn and he
sees no reason why the secretary of
state could not as we'll have been the
agent of the legislature with directions
for the cause mentioned in the act to
suspend the governor from his office
until the legislature could have an p
portunity to remove or restore as they
might chose to do without any hearing
from him.
EXECUTION ISSUED.
Very soon after the fling Of the opin-
Governor Russell went over to the
supreme court room and Attorney w.
II. Day asked Clerk Kenan for an ex-
ecutiOn Of the Judgment OF the court.
This was soon signed by Justice Clark
and was directed to the sheriff. Day
took it and told Clerk Kenan he would
be responsible for its delivery to the
sheriff.
This quick work was to shut off Rail-
way Commissioners j. w. Wilson n
Ohio Wilson from obtaining a writ OF
error from the United States supreme
court until after Caldwell n Pear
son were in Office, but neither OF the
Wilson's is here, nor is Clerk Brown, of
the commission.
Attorneys Spier Whitaker, J.. G. L.
Harris and r. O.. Burton were at the
supreme court, read the decision and
did some hustling for their clients, the
Wilson's.
A WRIT OF ERROR.
The fact that the attorneys of the
Wilson's had lost no time was made
plain when a writ of error was issued
and copy of it filed for the governor,
attorney general, Pearson and Cald-
well. Following is the text OF this writ:
The President of the United States to
the Honorable Judges Of the Supreme
Court of North Carolina, Greeting:
"Becausein t~herecord and proceedings
and also in the rendition of a judgment
of pleas which is in said supreme court
before you or some of you, being the
highest court Of law or equity of said
state in which a decision could be had
in the suit, wherein the state Of North
Carolina on the relation of l.. C. Cald-
well is plaintiff and James w. Wilson
is defendant, wherein was drawn in
question the validity OF a statute of or
authority exercised under said statute
on playground of their being %repugnant to
the constitution or laws OF the United
states, and the decision was in favor of
such, their Validity, a manifest error
has happened to the great damage of
sale James w. Wilson, as by his COM
plant appears. We being willing that
the error, if any hath been, should be
duly corrected and full n speedy
justice done to parties aforesaid, in this
behalf do command you if judi ment he
therein given that then under our
seal, distinctly and openly you send the
record and pr1pap6jpUC aforesaid with
all things concerning the same to the
supreme court of the United States to-
gether with this writ, so that you have
the same at Washington on January
goth next in said supreme court that
the records and proceedings aforesaid
being inspected, said supreme court
may cause further to be done therein
to correct that error, and what of right
and according to the laws and customs
of the United States should be don
witness, Hon. M. w. FULLER,
Chief Justice of said Supreme Court
this 3rd December 1897.
[Signed.] N. ]. RIDDICK.
Clerk Of the United States Circuit
Court for the Eastern District of
North Carolina.
ALLOWED by w. T. Faircloth, Chief
Justice of the Supreme Court of North
Carolina"
lne llOllleUL UllIS VIII Ol error was
filed in the supreme court here it was
binding, just as if notices were person
ally served. 1t is really an appeal to
the United States supreme court, which
the Wilson's told your correspondent
weeks ago they intended to take,
1t is the ak tonight thatthe governor
was completely checkmated this even
ing in this case. 1t is said that mis- ap-
pointees expected Sheriff Jones to open
the door of the railway commission Of
flee; but the sheriff knew that would
be contempt OF the United States SUI
preme court. 1t was at one time said
that there would be more developments
and that before midnight Pearson and
Caldwell would be inside the commits
sion office.
PIEDMONT BANK CASE.
The supreme court in the case of
State Treasurer Worth against the
Piedmont bank and others, on appeal
by w. E. Walton, receiver, finds in
favor of the treasurer and A. D.
Cowles, his receiver. The opinion says
that ordinarily a motion for a receiver
must be made before the resident judge
of the district or one assigned to the
district of holding the courts thereof
by exchange, at the option Of the NOV
er, or at most, if a motion for a tenn
porary receiver is granted by any
other judge than one of those just
named, the order must be made re-
turnable before one OF such judges.
the acts Of 1891, chapter SIS, as
amended by the acts of 1898, chapter
47S, give the state treasurer the right
to apply for receiver in Wake county.
This means he can apply to a judge
holding courts in the district in which
Wake county is situated. But there is
nothing in the act which by just con-
struction gives the treasurer exclusive
right to institute proceedings for a re-
ceiver, nor which takes away the
right OF any creditor, by a general