The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-23
wILMINGTON'S MAYORS.
The Lawyers Still Venting Eloquence In
the Quo warranto Proceedings to settle
the Matter as to Which of ne -Four
Four Claimants is Mayer.

the Matter as TO Nhfcn Oh Cne GOu1
-Four Claimants is Mayer.
Pursuant to adjournment Tor recess
on Tuesday evening, the superior court
Of New Hanover county net yester-
day at 10 a.. En-, and resumed the hear
ing begun last Monday morning in the
quo warrantO proceedings to settle the
matter as to which Of the four ain
ants is to be MAJOR Ct Wilmington
whether it shall be Mayor S. P. Wright,
Mayor w. N. Harriss, Mayor H. Mel.
Green or Mayor Walker Taylor,
John D. Bethany, Esq, Of counsel for
Mayor II. Mel. Green ct al, opened the
argument for the day and spoke for
nearly two hours. He started off by
saying it was quite in the order Of
things for Wilmington to be resisting
the Infamous legislation by which her
citizens are deprived Of local self gov
eminent, for it was the citizens of this
city who first resisted the odiOus Brit
ish stamp act. In 1865, he said, when
the British parliament enacted the
stamp act, requiring all mortgages,
deeds, and to be affixed
with stamps, the citizens here rose up
against it and when Houston came
here to enforce the act, they seized him
and carried him to a spot within hear
ing of this court and required him to
take an oath before the mayor of the
town not to enforce this amO act.
Tt is, therefore, characteristic of the
people of Wilmington to be here in
court to resist the infamous act of 1897.
Mr.. Bellamy then attacked the act au-
thorizing the election of five aldermen
and empowering the governor to ap-
point five, and declared that it was an
absolute infringement of the principle
of local self-government. He declared
thu some realization of the enormity
Of the act may be had. when he as
serted that if the governor can appoint
two aldermen he can appoint ten, and
if he can appoint them for one city he
can appoint them for every city in the
state. 1t would therefore be seen what
a car the governor of North Carolina
could be if this policy was allowed to
50 ~ -
of 1897. he also took occasion to de-
nounce the act of 1895, which establish
ed a police board hat absolutely con-
trolled every officer in the city from
policemen up. and robbed the people
of their right to rule themselves as eff
fectually as old Sampson was deprived
Of his strength when shorn Of his locks.
T. It, no hold that tho lnf2-
NOUS police board act was effectually re
pealed bythe act of1897. Mr.. Bellamy quo
tednumerous authorities to shOW that the
bill under which the five aldermen were
elected and five appointed is contrary
to the inherent rights of the people to
conduct their own local affairs. and
spoke at some length on the line that
section two, Of the act Of 1897 is clearly
unconstitutional. He made many
strong citations Of authority to show
the unconstitutionality of the section
and made an able speech supporting his
views. Mr.. Bellamy held that the other
parts OF the act are valid. except that
portion which authorizes the governor
to fill vacancies on the board. ana
spoke strongly on all the features of
the case.
Mr.. Bellamy closed at 11:55 a. m,
and was followed by Frank McNeiu,
Esq, who appears with Mr.. McClammy
as counsel for Aldermen Springer and
Yopp, He spoke on and made numer-
Gus citations on the principle of local
-yA ->-o~-roo~% o~d ~o6o an oh1o ar.
gument on the line that the act of 1897
is constitutional and valid with the
exception Of that part of section two
(which attempts to the gov
ernor to appoint five aldermen. This
fxlrt Of the section he declared was
CLEARLY unconstitutional. and numerous
authorities were quoted to sustain him
in the position. Mr.. McNeilrs argu-
ment, like that of Mr.. McClammy, was
that with the demonstrations part OF
section two eliminated. the result would
be that the five aldermen elected under
the oct of 1897 would constitute the
board Of aldermen.
Mr.. A,cNeill spoke for an hour, and
was followed by w. B. McKoy. Esq,
of COUNSEL for Mayor II. Mel Green ct
al. His associate counsel having
argued the local self government
and the unconstitutional features
of the act of 1897. Mr.. McKoy
argued that the election for aldermen
in May last was held under the old
charter. He gu oted from the old char
ter and made some fine points along
the line of his contention. He claimed
and quoted authori ties to show that the
change made in the published notice
that the election would be held did not
invalidate the election. He discussed
the position Of the several claimants of
the mayoralty, and held that the two
aldermen (republicans) who sat with
the five appointed aldermen and elect
ed DR.. Wright to be mayor had for
feited their right as elected aldermen.