The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-04-17
THE old BOARD WINS
Judge Adams Decides Against
the New Directors.
THE INSANE ASYLUM CASES
AND THE SUPREME COURT WILL
SUSTAIN HIM
TAE EFFECT OF sucsi DECISION

THE EFFECT OF SuCsi DECISION
Old Superintendents vii, Hold Office
Until Their Terms Expire but
the Boards Will Be
Republican.
Judge Adams has decided the Asylum
cases. and the old Boards of Directors
have won.
The decision reached here yesterday
morning from Goldsboro. An appeal was
at once taken to the Supreme Court and
argument will be made by counsel Mon
day morning at 10 o'clock.
There are three distinct cases-Raleigh,
Morganton and Goldsboro asylums-and
three decisions were rendered by Judge
Adams. The cases are entitled: State
on relation Of DR.. p. John and others VS..
II. G.. Bellamy and others; v. 5. Lusk
vs. ]. P. Sawyer; Rufus Ham VS.. ). r.
Switzerland.
The decision in the Raleigh asylum
case is as follows:
This cause coming on to be hearo
upon an agreed statement OF facts ana
the complaint and answer, and the court
being of opinion against the right OF the
REALTORS or any Of them to recover anu 50
holding. 1t is thereupon considered anu
adjuged that this action be dismissed anu
that the defendants go without DAY ana
recover their cost to be taxed ny 'i'e
clerk.
ut il further considered and adjudged
that the defendant, John II. Smirn, Dy
accepting the Office Of Superlntenoen.
Of the State penitentiary has vacateu
the Office of Trustee or director OF tue
State Insane Asylum near Raielgn.
The decision in the other cases are
exactly the same, except that the ABOVE
last paragraph is omitted, TINS applying
only in the Raleigh case. g 70
It is almost certain that the supreme
court will sustain this decision. 1t was
rendered by Republican judge-after
a full hearing OF oil the facts and argu..
ments from an array of the ablest counsei
in the State. This he took due time 70
consider and weigh and now ne decloes
In favor of the present Boards and OF,
6cials. though they are Democrats, ana
against the new Boards and officials.
though they are Republicans and Popu-
lists In view of all these facts and
attendant circumstances there can be no
doubt that the law is, on the side Of the
present incumbents and against those
who are seeking to get in; and that the
Supreme court will so find.
IF this is done and Judge Adams IS
sustained in his decision the only OK
fcers of the three institutions that Will DC
benefited will be the superintendent.
They cannot be turned out till their terms
expire. The terms Of the other officers
exnired in March and their successors
will be elected as soon as this matter Is
finally determined.
And thew will be chosen by Repub-
4ican. and not a Democratic. Board as
many have supposed. For it must be
remembered that the terms OF three OF
the members OF each Of the old Boards
of Directors expired during the Legis-
lature. These are all Democrats. Gov
.ernor Russell win appoint their success
sors. They will, of course, all be Re-
oubticans or Populists, and will. take the
control Of the institutions out OF Demo
mi. can be seen IN q moment. Here
d the complete old Board Of the Raleigh
asylum. with polit5sf 81 the director and
time Of the expirafoh 81 by term Of Of
Gee: r. R: cottoa 4as,9 Se4 1ssa; Is s;a s.
iDem.). 1897; DR.. r. 81. Speight (Dem.l
1899: DR.. J. w. &andeFs,=fDen1. a9,r-ieS98:
J. D. Bsss, pe2a ElsY;s J s& -
tRep.). 1901; ]. G. Bethany, f6pI 1901.
The three frst-named hare SeEyed ont
their term. ThiaateHves sofrthe six re,
manning directors, three Democrats two
Populists and one Republ;can-eyeply
divided. OF course the three new ap-
Dointees will be Republicans and P9pu-
lists. This will give the institution. Int
the control Of the Republicans, just as did
the new law, except that they cannot dis
turb DR.. Kirby until his time Is out in
March 1899.
The same is true OF the two other In
xtitutious. The Morganton directors are:
]. G. Mills (Dem.), 1897; /. l. Davis,
mem). 1897; ]. p. Caldwell, Dem.),
1897: ]. G. Hall, DEM, 1899; Jas. p.
SAWYER. Dem.). 1899; G. w. F. Har-
ner. Dem.), 1899; s. A. White, (Rep.),
1901: L. A. Whitener, Rep.), 1901; Jas.
r. Love, CRep.), 1901.
The terms Of the three first-named per-
sons have expired and the Governor will
annoint their successors-leaving only
three Democrats on the Board.
-Four Democrats will be left on the
Gohsboro Board. 1t is as follows: DIR.
7. w. Wick, Dem.), 1897; J. +. Souther-
land. Dem.). 1897; J. L. Mclean, (Dem.),
1897: B. f. Aycock, DEM, 1899; w. +.
Rountree, Dem.), 1899; DR.. NJ. B. Pitt,
fDem.). 1899; Maj. J. b. Hill, (Rep.),
1901; II. j. Faison, Pop), 1901; Jos. e.
Peterson, (Dem.), 1901.
DID NOT ORGANIZE.
Meeting Of New Directors OF the North
10 Rai1rna6