The news & observer., 1897-11-16
THE STATEMENTS MADE BY
JUDGE BRYAN, PRESIDING.
THERE'S MONEY FOR EVERYTHING ELSE
The Governors Staff Can lnaugurate Mckinley
and Five Cent Cotton at Government Ex-
penses, But the Treasurer Cant Pay
Democratic officials For
Work Done.


Treasurer Worth must pay the warrant
drawn by Auditor Furman for the pay
ment against the State in the Carteret
oyster cases. The Treasurer again ap-
peals to the Supreme court.
Treasurer Worth has assigned differ
ent reasons at different times, for refus-
ing to pay judgments rendered against
the State, in the oyster cases.
First, he claimed that too many actions
were brought and that a test case would
have been sufficient.
Secondly, that the bills of cost were
fraudulently made out, and,
Thirdly. that he had no money with
which to pay them.
Now with reference to the first real
son. The Legislature, of 1898, Chapter
2S7. section 4, made it the duty of the
Solicitor, upon affidavit, that any oys-
ter grant, heretofore issued, covered a
natural oyster bed, to forthwith" mark
this world institute an action, in the
name of the State of North Carolina,
to vacate such grant, and the 9th Sec
ton of said Act, provides that such ac-
tons to vacate grants, heretofore issued
shall be instituted within II months
from the ratification of this Act. The
Act was raified March 4h, 1893.
Under this Act, affdavits were filed
and actions commenced, returnable 10
the fall terms of Pamlico and Carteret
counties, both of which met in Novem.
Der of that year. Under the Code these
actions were not triable until Spring
term, 1894, which met in May.
It will be seen that if but one case
had been tried and the case decided for
the State, in the Superior court, or upon
appeal in the Supreme court, in either
case, more than year would have
elapsed after the ratification of the
Act, and actions afterwards begun, to
vacate these grants, would have been
barred by the terms of the Act. Under
these circumstances, the Solicitor
brought actions in all cases where aff-
davits were made to save the rights OF
the State, and one case was tried, as a
test case. Upon the decision Of this
case against the State. for the purpose
OF saving costs, the officers, who were
alone interested in the costs. moved to
consolidate all Of the 700 cases. so that
one judgment, costing the State one dol
lar might be rendered, instead of 700
which would have cost the State seven
hundred dollars.
If Treasurer Worth thinks there were
too many cases, and wants to save the
State costs, why did he have the Solci-
tor, (who is a PopulisD to oppose this
consolidation, and insist upon seven hum
dred separate judgments, when one, ac-
cording to the late decision of the su-
preme court, would and did answer the
same purpose.
In reference to the second charge
made by Treasurer Worth, as to frauds
in taxing bills of costs, it will be suffi-
cient to quote from the findings Of the
trial Judge, the Honorable Henry r.
Bryan, in making out the case on APP
peal. Judge Bryan says: Upon the
hearing of this action, the'court finds the
following facts: That the bills of cost.
| upon which judgment was rendered, con-
form to and were in accordance with the
certificate and opinion Of the Supreme
court in this action, (that was the test
cast, ,)and that all the amounts improper
| ly taxed in the former bills of cost, were
| eliminated. That the itemized state
ment of the bills of cost, in each case
was presented in court and the Solici-
tor for the State, raised no objection to
any item in any bill of cost, nor did he
deny that the total, for each Judgment
so rendered, was the true amount, after
eliminating all improper charges. The
said motion to re-taX was allowed and
the said bills Of costs were re-taxed, in
accordance with the opinion and certif-
cate of the Supreme court, and judg-
ment was rendered for the true amount
due.
(Signedl HENRY r RRYAN