The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-23
THE THREE MAYORS.
The Quo Warranto Proceedings Being
Heard in the Superior Court Four
Claimants for the Mayora1ty.

Pursuant to adjournment for recess
on Saturday, the superior court of New
Hanover county met yesterday at 10
a. m., His Honor Judge James D.. Nc
liver presiding.
Gases were disposed of as follows:
Junius Davis, Esq, receiver of the
Bank Of New Hanover, VS.. L. Vollers.
Counsel for plaintiff CAV notice Of a
motion to set aside the verdict given
for the defendant and for a new trial.
Iredell Meares, Esq, ct al receiver
VS.. A. NJ. Wilson. On motion of the
plaintiffs, the decree of foreclosure
made at the January term was sticken
out n the action dismissed at the
plaintiffs cost.
Mechanics Building and Loan Asso-
lowed to file ~pleadings.
AT 1910 a. m. the cases involving the
mayoralty Of Wilmington were called,
as follows:
state Of North Carolina, in relation
to w. N. Harriss ct al, VS.. S. p. Wright,
ct al"
state of North Carolina, in relation
to II. Mel. Green ct al VS.. .. +. Wright
ct al"
In the first case Messrs. George
Rountree and Iredell Meares appeared
for Mayor Harriss and his board,
Messrs. Bellamy & Bellamy and Ricaud
& Bryan for Mayor S. P. Wright and
his board, and Messrs. Herbert Nc
Clammy and Frank Mcneil for Mayor
Walker Taylor and Aldermen Springer,
Yopp and Fennell.
In the second case, Messrs. John D.
Bellamy, Junius Davis, w. B. McKoy,
and II. w. Strange appeared for
Mayor NJ. Mel. Green and his
board, Messrs. Bellamy & Bellamy and
Ricaud & Bryan for Mayor Wright and
his board, and Messrs. Mcneil and
McClammy for Mayor Walker Taylor
and Aldermen Springer, Yopp and Fen
nell.
The complaints and answers in the
case were read by the attorneys, and
each side stated their contentious to
the court.
Messrs. George ROuntree and IredelI
Meares stated to the court that they
would contend that the act of the gen.
eral assembly, ratified March 9, 1897,
under which the recent city election
was held, was unconstitutional as a
whole and as the appointment and
election of the aldermen under it's pro-
visions was null and void, Mayor Har-
riss and his board of aldermen would
hold over under the city charter which
provides that 1.-The mayor and alder
men shall serve for two years or until
their successors are elected and quail
fed"
Messrs. JOhn D.. Bellamy and II. w.
Strange stated that they would con-
lend that the act ratified March 9, 1897,
! was unconstitutional as a whole, and
\.hat Mayor H.. Mel. Grecn and MS
nd Of aldermen we're duly elected
kthe old charter and entitled to
Ssrs. Mcneil and McClammy stat
Eat their contention was that the
70 }of March 9, 1897, was ~unconstitu-
tiCnal as to the section giving the gov
ernOr authorI,y ~ appoint five alder
men, but is constitutional as to it's
other provisions; that the five alder
men elected are the legal aldermen, and
tAioI eiNy ~ oHA SiO>SO" cAA
Taylor mayor.
Marsden Bellamy, Esq, stated hat
his side would contend that the act
ratified March 8, 1897, was constitu-
tional as an entirety, and that Mayor
Wright and the five aldermen elected
and the five appointed legally cOnsti-
tute the mayor and board of alder
men.
A. G. Ricaud, Esq, counsel for Mayor
Wright ct at, said the issues in all the
cases were practically the same and
moved to consolidate the cases. The
counsel for the other claimants con-
CURED and the cases were ordered to
be consolidated.
The court at 1880 a. M. took a re-
cess till 3 p. m. At 3 o'clock the court
met, and the counsel informed the
court that argument on the issues in
volved would be made in the following
order: Messrs: Meares, Strange, Nc
Clammy, Ricaud, Davis, Bryan, John
d. Bellamy, MCNEIL, McKoy, Marsden
Bellamy and Rountree.
AT 3:15 p. m. Iredell Meares, Esq,
of counsel for Mayor Harriss and the
old board, led off with the first argu-
ment. He spoke two hours and fifteen
minutes. His argument was that the
act Of March 9, 1897, was unconstitu-
tional in that it took from the voters
their inherent right of local self gov
eminent, and that it was unconstitu-
tional as a whole. He quoted numer-
Gus authorities, and presented his side
of the case in n strong argument.
Colonel T. w. Strange began to adj
dress the court at $50 p. m. and spoke
for a half hour on the unconstitution-
atty OF the act Of March 8, 1897. He
quoted at length from Cooley on Con-
stltutional Limitations" and
ed that he would close his argument
this morning