The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-04-11
Their Fate Has Not Yet Been
Determined.
SEVEN HOURS ARGUMENT
JUnGE ADAMS HAS RESERN hD
HIS OPINION.
WILL DECIDE BY WEDNESDAY
Able Speeches by the Attest Lawyers
i, the State--The New Act Fu'iy
Discussed and Sifted to
the Bottom.

-, Inv. and a. the same time repeats the former,
This amounts, in law, to a reaffirmance' anu moi
,aneat Of such law and continues in force Tor all
ourposes without intermisson. Arepeal OF statute
Nv imocaon is not favored by the courts-State vs..
Sutton, 100 N. c.. page 476,
E.r seven mortal hours seven learned
LAWYERS Yesterday fired argument at
Judse Adams, touching the new law IN
regard to the three insane asylums of the
State.
And still the matter has not been de-
cided. Judge Adams promises, now
ever. to send in his ruling by Wednesday
next. and then the matter will be taken
TO the Supreme court and finally passed
upon.
The hearing of the case began at l2:oo
in the Supreme court room. The old
boards we're represented by Judge Shep-
herd. G. b. Aycock, w. c. Munroe, Il. l..
Osborne and X. 0. Burton; the he"
boards by Judge Avery, j. {. IL. Harras
and Judge MacRae. ~
Every one of the speeches w;is an aDie
discussion of the questions InvolVeo III
the case. Those Of Judg Shepherd ana
1N,e complaint in the GOldsboro case
WAC road by Judge MacRae and the
answer by Mr.. C.. b. Aycock. Judge
NaeRao also read the original acts es-
tablishisg these institutions: (Morganton
in 1875 the Goldsboro hospital III 1900
and the Raleigh institution III 1851.
In the Raleigh case the complaint was
road by Mr.. Harris and the answer D!
Jndse Shepherd. The complaint touching
the Morganton asylum was presenter ny
Judge Avery. Mr.. +. |. Osborne read
ing the answer.
The samplaints sets forth that the act
nassea hy the Legislature was laWIui
and constitutional and that III accord
with its provisions new directors mad
,,.ar, -aa,pointetl,h had met and organized
and elected new superintendent 10
succeed the old officers but that they
ware in nossession and control of all the
n,,operty and refused to surrender IL,
Claiming to be the properly constituted
authorities and custodians thereof. 1t
i therefore asked that the defendants
be reauired to deliver up the property 10
the plaintiffs.
u,he Attendants. in answering the COM
pIaint. admitted that the Gehefti AS
sembly did pass the Act relative TO these
institutions, but they denied that the Ell
feet of the Act was to repeal the cnaftef
of the North Carolina Insane Asylum
abolish the office of Superintendent there
of or to incorporate new corporarons
known by other names. 1t Is Iufthef
set forth that the terms Of the deIehdahts,
including both directors and ofhcers, nave
not expired and that they are IN laWiui
possession of the institution, ana that
each OF the defendants under the Jaws
of North Carolina, have property IN
their Offices and the Legislature would
destroy their vested rights and impair
the obligation of their contracts.
Judge Avery stated that the whole
contention was as to whether or not tne
old board Of directors can be abolished
and a new board constituted to take
charge of the Institution, and that it had
been agreed that all three of the cases
should be argued together.
MR.. HARRIS ARGUMENT.
At this point a recess was taken until
3 O'Clock at which time the court re-
snmed the bearing. The bills of COM
plaint and answers having been read the
argument was at once entered upon Mr..
J. G. l.. Harris being the first to address
the new directors of all three of the in
stitutons concerned and his remarks
would bear general upon the facts com
mon to all the cases.
He commended that all the offices in
volved in the case were statutory anu
not constitutional offices. The former class
of Offices, he said, were dependent entire
" on the viii of the Legislature which
created them. The corporation itself,
he contended, was the creature of the
Legislature and any aae who accepted
an office in or under it did SO with due
notice tasat the Legisla ture could in
crease diminish or entirely destroy the Of
fee.
II was denied by Mr.. Harris that in
passing the Asylum Act the Legislature
had any other than worthy motives and
said it was not a subterfuge simply
to Gust the 'ins'' and put in the outs"
The duties OF the new directors he ad-
mitted remained the same; but the length
Of term, he said, was changed. The Old
Board held for six years, one third OF
them going cut every two years; the new
board are elected for only four years.
The term Of office of the superintendent
is also changed from six to four years
and his salary reduced from $500 year
TO $500.
Every provision of the new Act, he al
legged, 10 absolutely repugnant to the cid
one and must be taken as repeating 1T.
In explanation of the failure of the vari-
Gus Boards created by this new charter to
meet here On the 9th of March, Mr..
Harris said the Act was not passed and
ratified until March Sth and the new
Boards did not have time to get here.
Less than quorum he said did meet at
that time and set time for future meet
ings-the Raleigh asylum on March 18th,
Goldsboro March 23rd and Morganton
April 7th.
JUDGE SHEPHERDS VIEWS.
Judge Shepherd was the next to ad-
dress the court. In opening his. argu-
ment he said ut has been veEy many
years in this State since there has been
such a fragrant attempt to violate the
constitution and trample on the rights
Of one set OF officers and take away
all the emoluments of the Office, without
.hoIishinr n. and transfer it to another