The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-27

branch Of this bank at Fayetteville. In
established. After reading the rec
ord Of bank charters, Judge Bennett
branched off into an argument on the
law involved in the case, and frequent
ly he gave pleasure and amusement by
bursts Of elOquence, sallieS of keen Wit
and refined sarcasm.
Mr.. Rountree replied for Receiver
Davis and made a magnificent speech
on the law touching upon the matter.
His contention was hat the assets Of
the two banks were one and i~nsperable
and that all the creditors should share
out of them in common. Judge Nc
liver reserved his decision.
THE CASE OF THE MAYORS.
Iredell Meares, Esq, submitted for
the signature of Judge McIver a
judgment in the case involving the
mayoralty. After the attorneys heard
it read, some Objectionable clauses
We're stricken out and it was signed, as
fOllOWs:
New Hanover County,
In the Superior Court.
State of North Carolina, on the rela-
ton of w. n. Harriss ct al plaintiff,
VS.. S. p. Wright, J. G.. Norwood, B.
F. Keith, A. j. Hewlett, D. j. Ben
son, H. c. Twining, A. j. Walker,
and f. NJ. Green, ct al, defendants.
lIlCII u pl1lilllll.
At a superior court held at the court
house in Wilmington on the 18th day of
April, 1897, present, Hon. j. D.. McIver,
judge.
This action having been tried by the
court, a jury trial being waived, by con-
sent of counsel, upon the facts agreed
and the facts admitted in the plead
ings, and the court, after hearing the
argument and considering the facts,
being of the opinion that all of section
End of the act of the general assembly
of North Carolina, being IAN act to
amend the harter of the city of Will
mingtOn, ratified the 9Th day Of March,
1897" is unconstitutional, and that the
election for aldermen of the city of
Wilmington held, as set forth in the
~Dleadings, on the 25th day of March.
1897, was invalid, and being of the Opin-
ion that the REALTORS, w. N. Harriss,
mayor of said city, and w. c. VOn-
Claim, Thomas D. Meares, r. w.
Hicks, w. H. Northrop, Jr., J. O. Nix
on, Thomas J. Gore, Daniel D. Came
ron. together with the defendants w.
f. Springer and A. J.. Walker, We're at
the time of said election the duly con-
stituted aldermen and mayor of said
city, entitled to hold office until their
successors are duly elected and quail
fled, and are now entitled to said Of
fees, it is now on motion Of George
Rountree and Iredell Meares, counsel
for the REALTORS,
A%djudged, That the said w. N. Har-
riss be and is hereby declared the
mayor of the city of Wilmington and
| entitled to the possession Of the said
office. and that the said w. c. Won
Claim, Thomas D.. Meares, r. w.
Hicks, w. H. NOrthrOp. Jr.. J. O. Nix
on, Thomas J.. Gore and D. D. Cameron,
together with w. f. Springer and A. J.
Walker, be and are hereby declared
the aldermen of the city of Wilmington
and entitled to the possession of the
said offices. 1t is further ordered and
decreed that the defendant s. P.
| Wright, now holding and claiming the
! office of mayor of said city, be and is
hereby directed to vacate said office
and deliver over the possession of the
| same to the said r~elator, w. n. Har-
riss; and hat the defendants, j. G.
Norwood, y. F. Keith. A.. J. Hewlett.
F~ennell, w. f. Yopp, Elijah NJ. Green.
a. j. Walker, and w. f. Springer, now
holding and claiming to hold their Of
fees of aldermen by virtue of an al
legged election held under the said act.
be and are hereby directed to vacate
the said offices of aldermen and to de-
| liver the possession thereof to the said
REALTORS, w. G. VOnGlahn, Thomas D.
Neares. r. w. Hicks. w. II. NOrthrOp.
Jr.. Thomas j. Gore, i. i. Cameron,
]. O. Nixon. and the defendants, w. f.
Springer and a. j. Walker. 1t is fur
+ Their ordered that each of the parties
to this action pay his own costs to be
taxed by the clerk.
JAS. D. McIvER.
Judge Presiding.
At $50: p. m. the court took a recess
!, till 10 o'clock this morning. to near
motions. The court will adjourn at u
NJ. and Judge McIver goes from here
to Clinton to hold the superior court
of Sampson county.
Yesterday after Judge McIver rem
dered his decision in the m~ayOralty
case, John D. Bellamy, Esq. telegraph
ed to Chief Justice Furchess. at Ra-
leigh, asking him to set a day for the
hearing of the case. Judge Furchess
telegraphed back that the case was set
for 10 a. m. next Tuesday, April 9th.
of Messrs Junius Davis, T. w. Strange,
H. McClammy, n Frank Mcneil. atr
tOrneys in the case, who consented to
an immediate hearing.
This action did not meet the approval
of Messrs. NJ. Bellamy & Son. and
Ricaud & Bryan. Mr.. Ricaud tele-
graphed their objection to the Chief
Justice and he t~eIegraphed back that
unless there was consent bv all the
parties he would not set a day for hear
ing the case. Unless all parties consent
the hearing annot be had before No
vember.
Elizabeth, n. J., Oct. 10, 1896.
Ely Bros, Dear SirS.-PlaaSa accent