The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-09
CITY AFFAIRS.
City Clerk and Treasurer. r. L. Rice,
Claims His OH re.

OF ~ llIHItLZ E1EA tdLIUESE0 = tSA1E&a GA
ternoon and the board met in regular
session at 3;45 p. m, all the members be-
ing in attendance. viz: Chairman VIM.
II. Chadbourn and Messrs. H. e. Nc
Queen, c. w. Yates, II. a. DeCover and
John II. Weber.
The clerk, Captain John Cowan, read
the minutes of the last meeting and
the same were approved.
The chairman stated that the election
of a clerk would be deferrd.
Mr.. Mcqueen said it was very neces-
gary for the board to have a clerk,
though he might be elected temporarily.
Upon his motion, Captain John Cowan
the present clerk, was elected clerk
temporarily.
the city clerk, F. B. Rice, transmitting
a list of the city officers elected at the
meeting of the board Of aldermen on
Monday. At the head of the
cation was this minute:
City Clerk and Tax Collector-F. B.
Rice. Vote, Rice () four, Struthers 90
three"
When the above minute was read,
George R%ountree, Esq, and Herbert
McClammy, Esq, asked and were
granted the privilege of addressing the
board. Mr.. ROuntree, as spokesman,
said they were there on behalf of Mr..
Rice, to make the claim that he was
duly elected city clrk and treasurer at
the meeting of the board of aldermen
on Monday. He then rendered Mr..
Rice's official bond in the sum of 800, 600,
given by the Fidelity and Deposit Com
pany, of Baltimore, Md.
Mr.. Rountree said he had not had
time to examine the city laws at leisure,
but what examination he had made
failed to reveal any provision that was
contrary to the claim that Mr.. Rice a
I--- I,1x- ,~I Inco1lr aIacfo7 and Wac
entitled to the office, if the board which
elected him is itself a legal board. He
stated that the board of aldermen at
it's meeting on Monday cast four votes
for Mr.. Rice and three votes for Mr..
VIM. Struthers, and that Mayor Wright
had thereupon declared Mr.. Rice
| elected. The misunderstanding of the
matter and the subsequent action OF
the board, under the misrepresentation
that it required six votes, or a majority
of the whole board, to elect, did not
| affect Mr.. Rice's election; the office OF
city clerk and treasurer is q legislative
| office, provided for by the act Of the
|! general assembly. When Mayor Wright
| declared Mr.. Rice elected, Mr.. Rice,
| under the belief that it required a ma
jority of the whole board to elect, so
| informed the mayor, but this was not
competent to vitiate the fact of his
| election. Mr.. Rountree then read from
! page 81 of the codified acts of the gen
| eral assembly relating to the city of
Wilmington the following:
Section s. Be it further enacted that
| the aldermen shall form one board and
a majority of them shall De competent
to perform all the duties prescribed and
nave all the powers granted to the al
dermen as a board, unless otherwise
| provided. Il 80
Mr.. Rountree said he had found no
act which changed or altered that pro-
vision, and declared that, this being so,
| Mr.. Rice's election was an election in
| law and beyond the power of the board
! Of aldermen to change. He submitted
| to the board that under the provisions
| Of the law, it vas empowered with the
I duty of passing upon the bonds OF Of
ficers elected, and so he asked that Mr..
Rice's bond be passed upon. He again
| called attention to the proposition that
any subsequent declaration and action
| by the board of aldermen after the bal
lot had been cast and the vote declared,
does not affect the election. He said
| there was a Massachusetts decision
which involved a similar case, and the
supreme court Of that state held that
opinion. He said he would like to read
that opinion to the board, but had not
had time to look it up.
Chairman ~adbour suggested hat
the matter be deferred SO the attorneys
could present the opinion n other
facts barring on the case.
Messrs. Rountree and McClammy
said there was no objection to that. Mr..
McClammy suggested that the board,
when it a%djOurns, take a recess until
$3.50 o'clock e Friday to take up this
matter.
On motion, the board decided to meet
at $3.50 o.. m. on next Friday to con-
slider this matter and no other.
Mr.. McClammy appeared before the
board and stated that A. G. Ricaud,
Esq, receiver of the First National
Bank of Wilmington, had brought suit
against the city for the recovery OF
$S26.5 So. This, he said, was a tax on $685.
1O5 shares Of stock listed in 1890 by H
M. Bowden, the cashier, whereas the re-
ceiver contends that the bank vas not
responsible for it, it being the duty OF
the holders of the stock to list the stock
and pay the tax. Mr.. McClammy ex-
planned that the city's cause in this
matter had been in the hands Of David
B. Sutton, Esq, when city attorney, bu
paign last fall, turned the case over tC
him to act for the city. He, therefore
appeared before the board to ascertain
if it authorized him to conduct the case
as it comes up in the superior court
next week.
The members Of the board, deeming
that it was the duty Of the board of al
den1en to employ counsel, informed Mr.
McClammy that they would concur in
any arrangement he might make with
the board of aldermen.
The following contracts awarded by
the board OF aldermen were concurred
in: To the Fore & Foster Company
for furnishing lumber to the city; to
Mrs. Jane Sheehan for feeding the city
prisoners, and to S. P. Cowan & Co,
for feeding and shoeing the city mules
and horses.
The bills of MCGOWAN Warnamaker
and w. Nc. Evan for $3.50 for rent fol
places to register the votes for the city
election were approved. The bill OF
James A. Lowrey, for $40, for the same
was referred back to the board
Of aldermen, as it appears that the
charge is excessive as compared with
the other bills.
On motion, the city clerk was in
structed to notify the city officers
/ alocf RI cond in fhnir official bonds fnr