The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-15

w. j. Harris. standardkeeper and cat
tie weigher. appeared before the board.
and Mr.. Jockey asked to be heard IL
the question concerning the standard
keeper and cattle weigher be taken up.
On account OF the charge hi Mr.. Har-
ris was addicted to drink. the board a
few weeks ago declared his office va
cant and elected Mr.. J.. w. Perdew as
his successor. Mr.. Jockey was heard
they had no authority or legal right to
depose Mr.. Harris. even IL he did get
drunk.
Chairman Foster informed Mr..
Jockey that the board had no action
to take about the matter now. as Mr..
Perdew had been elected standard
keeper and cattle weigher. and had
qualified and given bond.
Mr.. Jockey declared that his client
is in possession OF the office and he
could not be deprived Of his rights ex-
cept by the courts. in the usual way.
He said the action of the board in de-
posing Mr.. Harris was illegal and void,
III NIdl he Is Sllil StdQQdTO keeper,
that he is still in possession of the
weights and measures pertaining to
the office, and that the only way he
could be dispossessed was for Mr.. Per-
dew to bring quo warranto proceedings
against Mr.. Harris in the courts.
County Attorney Bellamy informed
the board that he had advised at a
previous meeting that the board had
a right to declare the office vacant on
an understanding with Mr.. Harris at
h time he was elected, that il he
drank, his resignation was in the
hands Of the board. Mr.. Bellamy stated
that an affidavit signed and sworn to
by Mr.. Harris pledging himself not to
touch liquor and hat if he did his res
ignation would be considered in the
hands Of the board. The county attor-
ney asked the chairman where the af-
fidavit was.
Chairman Foster said it had been put
Of the commissioners, but it had disap-
peared and could not be found. The
chairman asked Mr.. Harris if he did
not sign and swear to such an affidavit.
but upon advice Of Mr.. Jockey he de-
clined to answer.
Mr.. Jockey said his client denies ev-
erything of the kin and it was the
business of the board to produce the af-
fidavit. If it be produced, he declared
that it would ave no effect, hat it
was not a resignation in fact and that
to be ar effective resignation a paper
writing rendering his resignation must
have been rendered. He denied the
right of the board to elect Mr.. Harris
conditionally; he had been elected for
a term of two years; that if he failed
to discharge his duties the only remedy
of the board would be to proceed
again his bond, and hat Mr.. Perdew's
remedy was to sue for the office.
Chairman Foster asked If Mr.. Har-
ris was not subsequently elected a
policeman, and if accepting another Of
flee did not vitiate his office as stand
ard keeper?
Mr.. Harris denies everything, said
Mr.. Jockey, and is standard keeper,
oily "S
might have made when he was elected.
All the members of the board, ex-
cept Commissioner Nixon, said it was
their recollection that such an affidavit
as mentioned by Mr.. Bellamy was filed
at the time of the election. Commission
err Nixon said he recollected that the
drinking part was in the affidavit, but
he did not remember about the resigna-
ton.
Mr.. Bellamy stated h a in the alb
sence Of the affidavit, the recollection
Of the board about the affidavit would
be evidence Of it.
After further discussion, Chairman
Foster announced that the board had
no action to take in the matter. He
instructed MI. Harris, if he claims to
be standard keeper, to take the meas
ures and weights out Of the office which
had been assigned to him in the cour
house, and rent his own Office. Thus
the matter ended.
The board opened a lot of sample
blankets and ordered hat two Dozen
| pairs of colored blankets, 54x72 inches
be purchased for the county from Mr.
| VIM. Goodman at his bid of 80 cents
per pair.
The board then adjourned subjected
to the call of the chairman.
After the meeting some Of the board
thought it best to keep possession o.
| the weights and measures, but MI
Harris, who met a Messenger reportel
last night, laughed Inc informed hin
that he took the board at it's word, AM
took the weights and measures u a
| soon as he could.