The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-10
Morganton School for the
Deaf and Dumb.
APPOINTING DIRECTORS
CAN THE GOVERNOR ACT FOR
THE LEGISLATURE?
JUDGE TIMBERLAKE ASKED TO DECIDE
A Quo Waranto Argued in Superior Court
Here Yesterday Petition to Set Aside
Marriage for Lunacy--VerdiCt in
Edwards Page Case.

Edwards Page Case.
An interesting case in the Superior
court here yesterday afternoon was that
of the State of North Carolina on thp
relation of VI. II. Holt VS.. l.. A. Bristol,
which came mp on a quo waIranto
In this the plaintiff alleges that the
North Carolina School for the Deaf and
Dumb at Morganton is a quasi corpora
lion duly organized and existing under
The laws of this State: that in March,
1891. the relator, VI. II. Holt, was duly
elected a director of the Institution for
a term of six years and until his sue
cessor should be elected and qualified"
that the General Assembly at it's session
in 1897 failed to elect any successor to
the relator, but after it's adjournment
the Governor undertook to appoint the
defendant l.. a. Bristol, on the theory
that there was a vacancy in the office
and he was in law entitled TO fill it; that
the defendant, Bristol. in accepting the
appointment as director has umlawfully
and wrongfulIy excluded the relator of
the plaintiff therefrom and upon demand
refused to surrender the office.
On this showing Holt demands that
Bristol be ousted from the office and
he be given possession Thereof.
Judge Timberlake took the case under
consideration and will announce his de-
cisi0n later.
1t will be remembered that the last
Legislature failed to appoint directors
on the board of the School for the Deaf
and Dumb at Morganton. to succeed
members whose terms had expired 10y
limitation.
1t was further intimated that no sue
cessors having been elected, in the man
1ler required by law. the old directors
would have to be continued in office. nm
less they chose to resign. until the meet
ing OF the next General Assembly. In
support of this position it was urged that
The act establishing the school provided
for seven directors 'Swho shall be elected
by the General Assembly ana hold their
office for the term of six years
But the Governor didn't think this tho
correct view of the matter and on March
Both appointed SUCCESSORS to the three
directors whose terms had expired: Civ
ing as his AUTHORITY for So doing sect ION
1920. subsectionS and . of the Code.
which says that the Governor shall
sec that all offices are filled. and the
duties thereof performed 5. lie
is to make the appointments and Supny
the vacancies not otherwise provided for
III al departments
In accordance with his construction of
these sections. the Governor appointed
j. \. Bristol fRenl of Burke to suc-
coed Martin III. Holt of Gnilford: Dr..
II. G. Herring GDem.) Of Caharrus. ia
sncceed y. r. Rroughton. of Wake. and
4. Reid, of Buncombe to succeed
himself.
To test tho legality of these appoint-
mentS the above ono warranto was in
efitnted. Mr. II. o. Burton represents
Prot. Holt.
me opinion of Judge Timberlake is
awafted with much interest.
An interesting case. from legal paint
Or view, was tried in tho SUPERIOR COURT
Yesterday morning. nnd sent TN to the
shnreme court Of North Carolina for
final determination.
TO SET ASIDE A MARRIAGE
1t was the case of A. r.. Holloway
guardian, VS.. Carrie Gillian. alias. IT
ON the ground of lunacy.
The facts in the case seem to no about
these: On May 18th, 1895. the iuu-y
for an inquisition of lunacy found that
sidney Holloway from mental weakness
and want of understanding lis incapa-
bic of managing his affairs, and that he
IS liable to become the victim of fraud
and imposition. Now, therefore. il il
considered and adjudged that the said
Sidney l.. Holloway lis incompetent from
want Of understanding to manage his
affairs, and that a guardian should be
appointed for him as in cases of or
phans"
Two years after this MAY. 1872
Holloway married Carrie Gillian and
mas Deem living with her ever since. Now
ms guardian, y. X. Holloway. seeks to
nave the marriage set aside, it having
Deen contracted since one Of the parties
TO " was declared lunatic.
Holloway and his wife resisted such
action ON the part of the court on the
ground that the finding of the iury for
the lnqMsition Of lunacy was irregular.
defective and therefore void. 1t should
have definitely found, under the law.
they commended, that he was either an
IDIOT, an inebriate or lunatic.
1t rs also claimed that Holloway was
when married, and is now, a perfectly
sane man.
Their failure to do this, Judge Tim
berlake ruled, was a fatal defect and
ordered judgment recorded accordingly
Aago and Snow. who represented the
plaintiff, A. X. Holloway, gave notice
Of appeal to the Supreme court and
y. q. Beckwith, who represented younp
Holloway and his wife. gave notice that
in such case he would make a motion
before the clerk to have the guardians
bond increased.
THE EDWARDS-PAGE CASE.
The jury in the case of G. r. Ed
wards VS.. the Page Humber Company.
after heing out several hours. rendered
q verdict in favor of the plaintiff. giving
him $50 and taxing the costs of the
case unon the defendant.
Mr.. Edwards sued for SO. 1000 damages
TO his property from the boiler behind
the. Academy of Music. Since he also
considered it dangerous to his property.