The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

peached by the board Of aldermen for
drunkenness. or for physical or mental
inaoi1fty TO perform the duties cf his
office. and upOn conviction by the
board. shall be removed by the order
Of the board. provided. that a majority
Of the fun board of aldermen shall be
necessary 10 convict and remove. In
case OF removal the board Of aldermen
shall fill the acarc
Sec B. That the 4 shall he en-
titled tn such fees as justices o. the
peace in criTnina actions in addition
to the salary paid by the city.
Sec. :. That the election OF aldermen
shall be held according to the charter
Of the city If Wilmington and the
acts anendarory thereto. except that
the registration books may he open for
only ten days previous to the election.
In case of 4 failure To hold an election
in every ward. the vacancy resulting
from such failure shall be filled by the
appointment uf the governor.
Sec S. That this act shall he in force
from and after its ratification.
Ratified the 9Th day II March.
/. That in pursuance OF the author
ity professed To be conferred upon him
by rhe aforesaid act Of 1897. the gov
rnor OF the state appointed the fol-
lowing defendants aldermen: :. =.
Wright. First ward: ]. &. Norwood.
Second ward; b. +. Keith. Third ward:
A. j.. Hewlett, Fourth ward; D. j.
Benson Fifth ward; and an election
was called under the said act and the
following among the defendants were
declared to be elected, to wit: A.. j.
Walker, First ward: w. f. Springer.
Second ward; Owen Fennell. Third
ward: Walter E. Yopp, Fourth ward:
and Elijah NJ. Green. Fifth ward; and
they have respectively attempted to
qualify as UGH aldermen.
1 = Thai 3D. - - II -
]. G. Norwood. b. F. Keith, A. J. Hew-
lett, d. j. Benson, appointees Of the
| governor. as aforesaid, together with
A. J.. Walker and Elijah M.Green. at
tempted TO organize and did organize
by the election of $. p. Wright, mayor
Of the city Of Wilmington, and that
| board, claiming to be the board Of al
| dermen of the city Of Wilmington.
[ elected one II. c. Twining to fill the
vacancy in the board created by the
resignation of S. p. Wright as alder
man.
6. hat as plaintiffs are informed
and believe, the defendants w. +.
| Springer, owen Fennell and w. T..
Yopp elected as aforesaid notified the
| defendants A. j.. Walker and Elijah
| NJ. Green to meet with them for the
| purpose of organizing a city govern
ment. claiming that they We're alone
| entitled by law TO administer the gov
| ernmen of the said city; that the de-
| PENDANTS Walker and Green refused to
meet. and thereupon the defendants
w. f. Springer, Owen Femme and
! Walter f. Yopp, claiming that they
were a majority of the legal board Of
| aldermen and constituting a quorum
under the law. voted for and elected
n Walker Taylor as mayor of said
City, and plaintiffs are further inform
| ed, believe and allege hat the defend
ant Walker Taylor claims the office Of
mayor, and the defendants w. f..
| Springer, owen Fennell and w. f.
| YCpp claim that they. together with
A. j. Walker n Elijah NJ. Green are
| the only legal board of aldermen in
| and for the said city Of Wilmington.
Z. That the plaintiffs are advised. be-
| lieve and allege that the said act of the
| Legislature ratified March s, 1897. is I'M
| constitutional and totally void, and
that no valid election could be held
hereunder, nor appointments be made
by the governor by virtue of said act;
that by virtue of the laws of North
Carolina and the city charter, it was
and is the duty of the plaintiffs to
| hold over until their successors hould
be elected and qualified according to
law, and therefore these plaintiffs re-
( fused and still refuse to surrender the
seal, the property, the government and
the offices of the city of Wilmington
to either Of the claimants, as neither
| of them as plaintiffs are advised, be-
lieve and allege. have been elected and
qualified according to law, and they
claim the possession of the city proper
| ty, the offices and the right to admins
ter the gOVernement of said city until
their successors shall be elected and
qualified according to law from which
| they ave been forcibly and unlawfully
excluded.
s. That the defendants S. p. Wright
and those acting with him, to wit: H.
c.. Twining, j. G. Norwood, 3. F..
Keith, A. j. Hewlett, D. J. Benson, A.
j. Walker and Elijah M. Green, claim
said city, have usurped, ntruded into
and are now unlawfully holding and
exercising the offices of mayor and
board of aldermen of the said city.
Wherefore. the plaintiffs demand
judgments; hat they be declared to be
the mayor and board of aldermen of
said city and lawfully entitled to the
possession Of said offices: that they be
put into the possession of said Offices,
and for the costs Of the action.
GEO. ROUNTREE.
IREDELL MEARES.
Counsel for Plaintiffs.
w. n. Harriss, one of the plaintiffs
above named being duly sworn. saws
that the foregoing complaint is true to
his knowledge, except those matters
therein stated on information and be-
lief, and as to those, he believes it to
be true.
Subscribed n sworn to before me
this April End, 1897.
PRESTON CUMMING.
Deputy Clerk Superior Court.
Two Lives Saved.
Mrs. Phoebe Thomas, of Junction