The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-14
THE MULLET ROAD
WILL TRY AGAIN
Internal improvements Board
to Meet.
WEDNESDAY THE TIMt
II WILL GO INTO ELECTION OF
DIRECTORS.
POSSESSION OF THE BOOKS DEMsNDEI
In Case of Refusal there viii be Another Law
Suit. Some lnsid. History of The Re-
cent Political Opinions by Z
Supreme Court.

Those who have laid to their souls
the nattering JUNCTION that the S,l.
rreme court has decided once and for
all the Atlantic and North Carolina
Railroad contest are very much mis-
taken.
The truth about it is that the court
lodged the real questions in the ease.
and as a result the contest will be had
all over again.
Yesterday call was issued BY
Chairman Armistead Jones for tht
Board of Internal Improvements tC
meet here Wednesday, May 18th, ici
the purpose of electing directors OF
the Atlantic and North Carolina Rail
road.
AS soon as this is done a meeting OF
directors will be called for the purnose
of choosing a president. OF course
Mr.. Bryan will be selected, as thr
directorate will be that chosen at the
meeting in February and declared il
legal by the Supreme court.
The point decided by the coIr, in it
recent decision was simply that thr
directors were chosen before the law
providing for their election was rati
fed. and that they in turn elected g
president on February 24th whereas
their term of office did not begin I'M
til March 9th. Any action at that time
the court holds.was an infringement
on the rights of the old board.
In the opinion of the court there is
no reference to the powers of the
board in appointing or removing Ill
rectors, but in the dissenting opinion
ii is asserted, and in none of the opiE-
ions denied. that the directors All
other officers are mere agents of the
State and may be removed at pleasure
In accordance with this the Board
of Internal Improvements will meet
and elect new directors who viii
choose president. Demand will
then &c made on the old directors anI
officers for the books and papers I. al
control of the road.
If the demand is refused the case
will again go up to the Supreme
court. OF course it cannot be trIss,
until the september term, and by thar
time the terms of the present directors
and officers will have expired, but thu
suit. when decided. will determine tc
whom the salary from now till Sep
TENDER belongs.
And in this connection. a bit of in
side history touching the political de
cisions recently handed down by the
court would not be uninteresting.
re begin with came the Bill hay
ease. The court took it's own time in
deciding it, and when the decision fin
ally came down it was three weeks
overdue.
This delay was not by accident, but
b. design. The opinion was prepared
with the greatest sare: every line OF
1t was closely sean led and critically
discussed. The principle laid dow
was broad and far-reaching. II WAS
such as would logically have carried
through. with similar decision, ev
cry contest arising out Of Legislation
by the last General Assembly.
Judge Clark dissented. All the
leading papers in the State backed NJ
TO the criticism of the court and the
endorsement of Judge Clark.
The next ease was the Wilson-.Jol-
dan case from Buncombe. This too
went Bill-Day-ward. and YVES held VI
for several weeks. Finally the court
threw it, with five other political opin-
ions down and ran. In this only Judge
Clark dissented.
The next opinion was in the At
lantic and North Carolina Railroad
cases. Here Judge Clark found z
convert in Judge Montgomery. And
as he skurried into the dissentine
camp Judge Furches fired broads'de
at him in the form of a hot adGcnda
to his opinion in the Buncombe case.
already written.
In this nostscript The testy judge
uses these words:
at has been suggested by a mem.
her of this court that the leeis.;p
turc has the power to imreach =
iuage-that it has recently done s.