The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-04-14

A Flood Of Them TO Try Title Co Omees.
Russell Working Against Ewart-The
Missing sJim Crows Car supplement
eal AAf
ABSclUIEN PURE


tai Act
Especial to the Messenger.)
Raleigh, N c., April 12.-Another
case Of smallpox wos discovered here
today negro man named Herndon,
living on east Cabarrus street The
house is guarded and the man is in the
pest house.
D. H. Abbott said today: MY at
torneys advise me the Day case decis-
ion practically settles my case and
gives me my place. / feel absolutely
confident of winning"
The attorney general today gave Alb
bott leave to institute quo warranto
proceedings to try the title to the Office
Of corporation commission, now held
by the E. c. Beddingfield. The attor-
ney general spoke Of it as railway
commissioner" and added THE leg
islature has the right TO change the
name if it wishes. There is no doubt
Of that" The attorney general did
land Office business today. He granted
leave to bring suit in several other
cases. One of these is that of NJ. B.
Williamson against John R. Erwin,
for the clerkship of the criminal court
Of Mecklenburg. Another is on the re-
lation Of James A. Bryan against D. w.
Patrick, to try the right to control Of
the Atlantic and North Carolina rail-
way, its franchise and property. Yet
another is from Pamlico, where all
county officials are to try title. The
last one to come in is BENZ. F. McCot-
ter who wants Office of treasurer from
Henry w. Cowell.
Your correspondent endeavored to
get an opinion from the attorney gener-
al as to the effect of the decision in the
Day case, but he declined to say any
thing more than the following; Judge
Cark's dissenting opinion shows that
the doctrine in this state that an off,
Ger has property right in his Office
first laid down in the case Of Hoke
against Henderson, will have sooner or
later to be overruled. The fact is the
supreme court has just given vitality
to doctrine as laid down inHoke against
Henderson and Judge Clark's desenting
opinion is an outcry and protest
against this doctrine. 1t is said North
Carolina is the only state in which it
is law"
Governor Russell when in Washing
ton worked hard to defeat Ewart. That
was in the line of his plan to have
Boyd made judge, Boyd's assistant pro-
noted to his place and Russell put in
as assistant. 1t is learned from high
authority that Russell while in Wash
ington ''put in person" in the Ewart
matter. He did some damage to Ewart
and there is no doubt Ewart would
have been appointed before this but
for what Russell then did. OF course
the whole business appears to have fall
en- through now.
Search for the missing bill (house
bill 1943, senate bill 1929 which ex-
tended until June LIST next the date for
the "Ji Crow" car law to become op-
erative is progressing in lively fashion
The bill was introduced by Senator JUS
tice March 3rd, and passing the senate
was Immediately sent to the house
without engrOssment. It then as quick
ly passed the house, that day. In TWEEN
ty-two mines the whole thing was done
The bill was ordered enrolled. There
it disappeared, SO far as yet discovered
Senate and house journals tell the
above facts. so do the newspapers. Al
your correspondent said last week
there is no manner of doubt that the
bill duly passed. Now what became OF
it? Was there anything in the 1east
"shady?'