The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-04-08
THE LOUISBURG MANDAMUS.
Argued Before Judge Furches Yester-
day-Decision Reserved

Argued BerOre JuuSe uIcneS lester
day-Decision Reserved.
Argument in the mandamus proceed
ings to compel the election board Of
Franklin county to call an election for
Mayor and Commissioners for the town
of Louisburg, in accordance with the
amended election law, was heard yester-
day morning at 10 O'Clock, at Chambers,
by Judge Furches, Of the Supreme court.
Mr.. Il. w. Beckett, of Louisburg, appear
ed in behalf of the petitioners and Messrss
s. +. Mordecai, of this city, and L. ii.
Cook, of Louisburg, represented the 9th
err side of the question.
In behalf Of the petition Mr.. Beckett
argued that where the amended election
law provides that the registrar ard two
judges of election tone of each political
partly shall be appointed by the election
board no less than forty days before
the day Of election (the first Tuesday IN
May), the time prescribed is not the
essence of the law and it is not necessary
that, in this particular, the statute be
complied with to the letter. The Com
mssioners of Louisburg, he said, were
operating under the old law when the
new law was discovered and the town at
torney vert before them and advised
them. that una9r the act of 1897 they
could not proceed, as heretofore.
Mr.. Beckett thought the prescribed
forty days was directory and so much
time wassgiyen simply that there might
be opportunity to cure any defects.
Mr.. Mordecai said that the act OF
1887 relative to the town of Louis burg
was to be construed as an amendment
TO its charter and that the town of
IEouisburg came within the provisions of
the last two paragraphs of section 1919
Of the election law of 1897. Consequently
the town elections should be regulated
by the town charter and not by sec
ton 1912 of the new election law. Mr..
Mordecai also contended that the clause
in section 1919 in the amended election
law. requiring the election board to ap-
point registrars and judges forty days
before the election was mandatory, and
not having been complied with in that
time could rot be remedied by this pro-
eeeding.
Mr.. Cooke in his argument explained
that the appearance of Mr.. w. NJ. Per
son, Mayor of the town, in answer to this
proceeding, was simply to ascertain the
law in regard to this matter and comply
with it, thus preventing a long law suit
and consequent heavy costs upon the
citizens of the town.
Judge Furches took the matter under
advisement and will probably render his
decision to-day.
The section Of the law in dispute is this
THAT on the first Tuesday in May.
1897. and annually on the same Tuesday
ata ,ts,lf In h1ld I'm
every Incorporated city in North Caro-
lima, when and where there shall be
voted for and elected, of and by the quail
fled voters therein, such officers as are
provided for in the respective charters
of the several cities and towns of North
Carolina. That no less than forty (40)
days next Immediately preceding such
election, the board provided for under the
general election law shall appoint one
registrar and two judges of election for
each voting precinct, to be comosej OF
each political party, and shall be so APP
pointed upon the recommendation of the
chairmen of the several political parties
in each voting precinct"
Now this has not been complied with.
Nothing has been done toward calling an
election The law says the election shall
be held on the first Tuesday in May
1t is only q days until that time. The
law says the election shall be called and
officers appointed 40 days before that
time.
Judge Furches' construction of the law
is awaited with much interest, as it will
affect many towns in the State. War
renton is in exactly the same fix as Louis
burg.