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

Other Mayors Appeal to the Supreme
Court-The Lawyers Disagree as to When
the Case VIII BE Argued in the Upper
Court.
Pursuant to adjournment for recess
on Thursday evening the superior court
met yesterday moning at 10 a. m, His
Honor Judge James \. McIver, pre-
siding.
DECISION FOR MAYOR HARRISS.
Judge McIver stated that he was
ready to render his decision in the
case involving the mayOralty Of Will
mington and had the clerk to make
the following minute on the records as
his opinion:
"AII Of section 9 of the act Of 1897 is
unconstitutional and that no valid
election has been, held and that board
known as the Harriss board is entitled
to the Offices Of mayor and aldermen
Of the city Of Wilmington"
n attorneys of the several claim
ants were in court and from the above
judgment appeals were prayed by the
plaintiffs II. Mel. Green, G. l.. Spen-
Ger, James c.. Munds, w. Catlett, and
w. +. Mann on the one hand, by Walk
er Taylor. w. f. Springer, owen Fen
nell and w. +. Yopp on the other hand,
and also by S. p. Wright, H. Coleman
T'wining, D.. J. Benson, Andrew j. HeW-
lett, y. f. Keith, job G.. Norwood and
f. NJ. Green. All the appeals were
granted. Notice of appeal in each case
was waived and the bonds on appeal
in each case were fixed at $25.
THE BANK CASE.
The court resumed the case of
Smith ct al, VS.. Junius Davis, receiver
of the Bank of New Hanover, was
taken up. This is an action to de-
eide whether the assets of the Wades-
boro branch Of the Bank of New Han
over shall be separated from the as
sets of the bank at Wilmington and be
set apart for the benefit of the cred
itOrs Of the WedesbOrO bank, or shall
constitute a part Of the assets of the
parent bank and he shared alike by the
creditors of both banks in
The Hon. r. r. Bennett and the Hon.
James \. LOckhart, of W~adesbOrO, APP
pearad for Mr.. James A. Leak, receiver
of the branch bank at WedesbOrO, and
George Rountree, Esq, and Eugene S.
Martin, ESQ, for Junius Davis, ESQ.
of the Bank of New Hanover, of Will
mington. This is an action to de-
Mr.. Lockhart consumed the greater
part of the morning in his argument.
dealing mainly with the facts. At
12:45 y. m. the court took a recess till
3 p. m.
At 3 p. m. the court met and Mr..
LOCkhart finished his argument. He
was followed by Judge Bennett who ar
Su''t Tic law IvIilIS' LII liz
cory remarks he said:
w are not here t. ask the court to
enforce a refined morality because it
reaches too far for practical purposes.
We have not been able to find in the
English reports a precedent on all tours
with the facts in this case. 1t is al
ways gratifying to me in the discharge
of my duties as lawyer and counsel to
find i'm the able reports of the English
bench cases which investigate princi-
Plies contested before the court. and
when they decide a question | am in
clincd to take them as guides. There
has been a time in our state when we
had individual judges who were the
equal Of any of their contemporaries at
home or abroad. We had upon our
supreme court as associate and chief
justice a gentleman whom | regard as
the greatest judge who ever served an
English speaking community. I have
read every opinion of Lord Mansfield
and e~very/OpiniOn of Chief Justice Ruff
fin. | believe Judge Ruffin to have
been much the greater of the two"
Judge Bennett said he had examined
the charter Of every bank incorporated
in North Carolina since the government
was founded up to this time, and had
read fifty volumes of the reports of the
supreme court of North Carolina and
had failed to find a decision that would
apply to this case. In speaking of the
reports he said he WOuld recommend to
the young lawyers the wonderful store
house Of learning to be found in these
reports. He submitted to the court
that the absence of authority is often
a good reason for not establishing a
precedent. and remarked to the court
that the absence of authority could
only throw them back upon their own
as to the principle and rea-
son Of the case. In saying that there
So lC - 49, 49,, -
latiOnS betWeen the parent bank and
branch banks, he said he could only cite
18th Iredell. page 10, as settling the mat
ter. This was an opinion delivered by
Judge Ruffin in the SOS. He accounted
for the absence of authority on the
ground that up to 1860 the banks Of North
Carolina were conducted by prudent.
skiIlful, honest men and there were no
failures Of banks to command the at
tentiOn Of the courts. All honor to
these men, he said with feeling, some
of whom sleep in your beautiful city Of
the dead out here
Judge Bennett spoke in severe terms
Of the management and failure Of the
Bank Of New Hanover. In speaking of
the great distress with which the news
Of the failure of the bank was received
at WadesbOrO. he said with humorous
emphasis: Our ordinary speech
serves only the middle range of emo
ton and passion. while in supreme mo-
men man is reduced to eloquent 81
Ience or to an in~articulate cry!"
Judge Bennett read a record of all
the charters ever given to banks in
North Carolina. The first charter
granted was in October. 1904. entitled
IAN act for establishing a bank in the
town of Wilmington" The capital
stock was $3.50, 900 and the books for
subscriptions to the capital stock were
opened under the care of George Hoop
eT. John London. John Hill. JOIN HoCg,
Richard Bradley. VIM. Giles. and Hen
~ Waters. Tbs act provided for a