The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-08-20


mighty interestn' readin' will also
be found in those opinions above cited.
especially the dissenting ones of Avery
and Clark, judges, at page 242.
Ewart VS.. Jones, 116-5T0, and Cooke
(incipcnt Brigadier GeneraD VS. Mcares.
116-5S2, furnish frst-rate evidence of
the utter incompetency of the Fusionists
to accomplish what it evidently desired.
In both these cases an attempt was
made by lcgcrdcmain to deprive Judges
Jones and Mearcs of their offices, and to
substitute fusionists. In both cases the
Judges, EwArt and Cooke. were elected
before the offices were created. In the
case of the former the point was not
presented to the court and Ewart got
his reward. In the case of the latter,
Judge Mcares retained his seat and
Cooke was left to ruminatc on the in
capacity of his co-fusiOnists and seek
other pie"
Stanford VS.. Ellington, 111-1JS
Estate Librarian case), is another in
stance of il good (D fusionist losing IA
job because his friends" didn't know
how to elect him; Il quorum was not
present when he was voted on, and he
was left high and dry by the court.
The penitentiary case being ION all
fOurS" with Stanford's case, was not
carried to the Supreme court. The Su-
pcrior court of Wake county decided
under the ruling in the aove case
against the fusionists, and numbers Of
large slices of pic were lost to the hun
cry.
Bank VS.. Worth, 117-146, and Pur-
neil vs.. Worth, 111-157, arose out of
the darlington Investigating Commit
tee" The Legislature of 1895 appoint
ed Il committee consisting of Little
Billy Bryan, of Chatham, so named be
cause of his effort to slip through what
he called little bill'' to take away the
appropriation of the University, Phil
lips, of Pitt" of whom his mother is re-
ported to have said. when asked as to
his reputation, when he is not drunk
he is preaching and "HooIa Boom"
Campbell, the lightning-chain young
statesman from Hanging Dog-tO invcs-
tigate the Supreme court and ascertain
whether Justice had been denied by il to
Mrs. pattie d. Is. Arlington. This com
mittcc met and organized with Judge
Purnell as attorney, and clerk, and pro-
ceedcd to investigate, when Il quorum,
medium sober, could be secured. When
pay for the members was demanded,
Treasurer Worth declined to pay; and
then suits were brought to compel pay
ment. But alas. ''in the midst of its
youth and beauty" the committee was
knocked out by the court-no pay, no
investigate. The committee busted"
and further proceedings interested it
no more"
The court having decided that the
Revenue Act of 1897 was nullity, in
Range VS. Carver, 11S-32S, it passed
on the question whether the Revenue
Act of 1895, Chapter 116, was a valid
law.
1t was shown that this most important
bill had never been signed by the pre-
siding officers of the two Houses of the
General Assembly, or by either of them;
but the court held that signing was not
necessary to the validity of the Act,
saying in substance that IAN Act of
the Legislature is valid in this State If
regularly passed in other respects, al
though its ratification is not attested by
the signatures of the presiding officers.
Thus. as to the Revenue Act of 1895, the
court had to help out the Legislature
and when that of 1897 was held UNI
constitutional. the Fusionists had to fall
l,ol1. -, tLn ,,,,r,+;fod At nf 1907,
Sinon i !. nnt nnco.s,rv now for an
- " ~ 49, II ~ tho
: o'.;,.tot,,r" 5ca,.,. 49, Cal.(n MOI. to Lo
..;,1nd ~. tbo nrnsi,i;n,, ofricors ,,.hv NOT
- ~, S..i,.,, - g., ,,,,Ii;.,h ",,n,,,
49,, ,aI,,,,,o of I.,,. handad in t0
tMo r''la a ,"iule Vi ID" n.,', u,;nd 80 ,
M ~ ~ SUI" pc G'ttn,.GaId toI 20 -
arotI,an ;..,,,, - thn .tAs.;,,rnont 4 ct,,
rrn,d Sattorfnld WINS indictod and con
1911 =, W. lo,,,'t,. ~. ;,,r, of I'm
80. ie.t" - ~. "', o,.Ii"nnt,, ar'oittina ~.
,9,;rai',,, lIar, - 10 Ifoulo sn;d lin to
r. 'p'Ii lao t,a o,.;dnmoo IN tho cosc
po ,ioiitu 1;.'a,'ti,,,. ,,i,,io,l
a nii 4ion M n t,nnad him inoen
elis - ~ .t'ot e,,,,,,i'.. mod,
anu tiie i'5' "'' - 'ii'' i''''i0"' N'l''''
va" p'"'
State VS.. bryaht. l-I-JoJ' ana otate
VS.. jones' lZl-olo' are indictments
under the revenue ana Machinery ms 9,C,
OF !ooi lor l'iii,is ~ pay t'A''' nv
Legislature ana usioillStS propoSeu "
make II IL crime not 10 pay taAcS ny
certain DAY. ne people however were
renewed OF the ore consequences ol
Such leglSlatioll ny the supreme court