The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-02
THE ALDERMANIC SITUATION,
The Legal Points Involved and Chances of
the Respective BOards-TEe Democrats
Have Three Chances Out of Four Propo-
sjtions. ,

sjtions. ,
The points involved in the legal ON
test which has arisen in connection
with our city government and the
chances of the respective boards of al
dermen which have been organized to
succeed in picking up the official plums,
may be stated, as we are advised by
competent authority, about IN the man
ner following:
There are four aspects an which the
courts may view the questions involv-
ed, and inaccordance with the view
they take will be their decision as to
which of the three boards are right
fully entitled to office.
First-The courts may hold that the
act amending our charter, whereby
the governor is given the power to ap-
point five aldermen. is constitutional
and the election held last Thursday is
valid. If so, the republican board will
retain power.
Second-The courts may hold that the
entire act is uncOnstitutiOnal the
election held hereunder is invalid. In
this event, there will be no legally quail
flied aldermen to succeed the old demo-
cratic board, and, as they have refused
voluntarily to surrender, they would
be in this point of view reinstated in
power.
Third-The court may hold thai the
act is unconstitutional as to the ap-
pointive power Of the governor. but
otherwise is constitutional. and that
the effect Of the act, after eliminating
the unconstitutional clause and con-
STRUNG it with the old charter is to
amend hat charter by reducing the al
dermen to one for each ward, or hNe'
instead Of two for each ware or ten,
as provided by the old charter. in
this event, the three democratic alder
men elected. Messrs. Springer, Fennell
and Yopp, and the two republicans
elected from the First and Fifth wards,
would constitute the board of aldermen
of the city.
Fourth-The court may hold that the
entire act is unconstitutional, but the
election is valid as having been held
under the provisions of the old charter
and that the ten aldermen receiving
the highest vote would constitute the
board of aldermen. In this event, the
aldermen elected, consisting of Messrs.
Springer, Fennell, YoDp, Green. Cat
lett, Munds, Branch and Spencer, would
take their seats as aldermen.
1t would seem, in view of these four
--no~@ P %La oorn f1n lnyonorot G
would have three out of four chances
to win. We understand that the fight
will be made along these lines, and for
the purpose of having all parties be
fore the court SO hat in the event of
the courts viewing the question in
either one of the second, third or fourth
aspects, as stated above, the official
plum will fall either to the old dem
ocratic board, the five aldermen elect
ed, Of whom three are democrats, or to
the ten aldermen elected, of whom
eight are democrats.
There was some discussion on the
street yesterday of an intention upon
the part of the three democrats, Messrs.
Springer, Fennell and Yopp, uniting
and sitting with the republican board
now in power, but at the meeting of the
republican board yesterday morning
these gentlemen were not present, al
though they were placed upon different
committees.
The counsel for Mr.. H. Mel. Green,
who was elected by the democratic
board of claimants, insist that if these
three elected aldermen participated in
the meetings of the republican board,
that it would seriously affect their case.
If either one Of the three regularly
elected democratic aldermen partici-
pated with the republican board, the
effect would be to put on that board
three elected aldermen, which would be
a majority of the five elected n by
such action, their presence would be
a ratification of the republican officials,
the would be, in the event
that the supreme court held that the
five aldermn elected should be quail
fled as the legal board. that it would
give the republicans control of the
public offices, Notwithstanding that
three of the board would be democrats.
We do not believe that these gentle
men will take his course, and the
chance of thus initiating against dem
ocratic success in one aspect Of the
case and more particularly because
the democratic primaries committed all
aldermen nominated to contest the
constitutionality of the act and in ad-
dition to that the three aldermen men
toned have already participated in the
organization Of the Green board.
We feel assured that after further
consideration that any inclination
which might have induced them to con-
slider entering upon the republican
board, because of a feeling by some
that they might be Of service to the
city, will be entirely removed, and that
they will stand consistently by the po-
sition to which they are committed py
A. nr;coor;o, onI tho identification