The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-12-25

pruprio. vigore, placed the relator III pos
session OF the office at the time the
juds was filed. He having al
ready qualified, no process was neces-
sary for that purpose. de Is III full
pusscsslun OF the same and entitled 10
| exercise its duties and draw the salary
thereto attached from the date of his
appointment. The Judgment took eifec
immediately upon BEING filed, and IS
not superseded by the subsequent writ
of error, regular Or irregular. Foster
vs. Kansas, H. U. s. 2Ul. The reiatOr
ue.Ig III office by virtue OF the Judg-
menl of TINS court, any attempt by the
/ Defendant ~ exercise It's functions, OF
| tU interfere with the full and free ex-
! erclse thereof. by the reiaIOr. and any
attempt by aLy one else to interfere by
| alleged legal process or otherwise, un-
less and until the Supreme Court Of
| the United States shall reverse the
| judgment of this court, will be a con-
/, tempt of this court. We decline to make
/ any order recalling the execution. Both
| motions refused"
The effect of this, it will be seen at .
! glance, is to leave Caldwell and Pearson
in quiet possession of the office and
| stop all further proceeding against them
until the Supreme court Of the United
States shall reverse Judge Douglas deci-
| sion.
! Soon after the handing down Of this
decision a summons was served on Mr..
(, Caldwell to appear before the United
States Supreme court in Washington, on
January 10th, to show cause why the
writ Of error should not be granted.
This completed yesterdays develop
ments in the case. The new Commis-
sioners kept quiet possession Of the of
J fee all day and night too-for they
sleep there. They had many callers
during the day who congratulat-
ed them on the Christmas pre-
sent the Governor and the Su-
preme court had given them, and the
manner in which they had outwitted the
lawyers ON the other side, dilly-dally-
ing sheriff and the Southern Railway.
Among the callers at the office was Gov.
Russell, who dropped in for half an
hour late yesterday afternoon to see
how things were going.
During the afternoon, in accordance
with Judge Clarks decision, Caldwell
and Pearson called on the Auditor for
warrants for $500 each for services from
September 24th to December 24th. The
State Treasurer.
1t is said that there is fatal defec
in the srlpersadeas bond granted by Chic
Justice Faircloth, in that it is dated
December 9th, instead of December
23rd, as it should have been. 1t goes
ON to state that whereas the Supreme
court of North Carolina has decided
so and so, when in truth the court. at
that time, had decided, nothing of The
kind.
What is more, this slil # date, which
caused the Chief Justice great chagrin
yesterday when his attention was called
to it, gives away the whole game. viz:
that the papers were prepared for the
Chief Justices signature two days after
the case was argued. Perhaps it was
this awful mistake that caused the
Chief Justice yesterday morning to back
water on his dissenting opinion OF
Thursday and caused him to assent to
Judge Clark's opinion in which
Caldwell and Pearson are Civ
en- absolute and undisturbed pos
session of the office and all
legal proceedings to oust them are stop
ped.
Another significant fact touching the
whole proceeding is that when the writ
of error was filed with Clerk Kenan
copies of it were also filed for the Gov
ernor. the Attorney General, Pearson
and Caldwell--and all within an hours
time. 1t was very evident that the writ
and the copies had been prepared before
the decision was rendered.
Following is the text of the writ:
Because in the record and proceed
ings and also in the rendition of a judg-
ment of pleas which is in said supreme
court before you or some of you, being
the highest court of law or equity of
said State in which a decision could be
had in the suit, wherein the State of
North Carolina on the relation OF l.. G.
Caldwell is plaintiff and James w. VIII
son is defendant. wherein was drawn in
question the validity of statute of or
authority exercised under said statute
on the ground Of their being repugnant
TO the constitution or laws of the United
States, and the decision was in favor of
such, their validity, manifest error
has happened to the great damage of
said James w. Wilson, as by his COM
plant appears. We being willing that
the error, if any hath been, should be
duly corrected and full and speedy jus
tice done to parties aforesaid, in this
behalf do command you if judgment be
therein given that then under your
seal, distinctly and openly you send the
record and proceedings aforesaid, with
all things concerning the same to the
Supreme court Of the United States to
gether with this writ, so that you have
the same at Washington on January
Goth next in said Supreme court that
the records and proceedings aforesaid
being inspected, said Supreme court
may cause further to be done therein
! to correct that error, and what of right
and according to the laws and customs
Of the United States should be done.
Witness, Hon. NJ w. FULLER.
Chief Justice of said Supreme court this
/ 23rd December 1897.
Z (Signed) n. J. RIDD1CK.
Clerk of the United States Circui
4 Court for the Eastern District of
North Carolina.
allowed by W. T. Faircloth. Chief
Justice of the Supreme Court of North
Carolina"
The. bond is for $4,000 and Col.
Julian S. Carr, of Durham; Mr.. Fl. G.
Prown.. Clerk to the Railroad Commits
son. and two of Maj. Wilson's sons are
sureties on it.
And while the question Of bonds is
being disrrss"' II might be interesting to
note that s0n,r inouir;es wore made yes
terdav rs to ho Sheriff Jones' bonds
men, We're uaRd. d.it-MaS- intimated- that thaI
5,,,-nr mo proceeded against on IN