The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-25
THE DECISION RESERVED
II III Il ABBOTT BEDDINGFIELD
CASE POSTPONED.
ARGUMENT WILL BE HEARD WEDNESDAY,
The Castle Hayne Farm Litigation Finally Dis
posed OF. The MacRae Drug Store
Claims One Divorce Grant
ed for Cause.

The case of Cherry against Burns. n
quo warranto proceeding for the office
of Keeper of the Capitol, was argued
yesterday in the Supreme court.
Judge Brown reserved his decision.
The plaintiff was represented by Judge
Shepherd and the defendant by Mr.. w.
c. Douglass.
There was no dispute about the facts.
which were about as follows;
In March. 1897, ]. l.. Burns was APP
pointed Keeper of Capitol by the Board
Of Public Grounds and Buildings.
On January 3, 1899, he renewed his
bond for the years 1899. and 1900. which
was accepted by the board.
On February % an act was passed
by the Legislature transferring the cleo
ton Of Keeper Of the Capitol from the
Board of Public Grounds and Buildings
to the Legislature.
On March 9th, in accordance with this
act c. c. Cherry. of Edgecombe. was
elected. He qualified on March Sth
Burns refused to surrender the office
on the ground that he had been re-
elected by the Board of Public Grounds
and Buildings for a term of two years
and his term of office had not expired.
Judge Shepherd read The Code. section
2.301. which provided that the Board of
Public Buildings shall appoint Keeper
of the Capitol. public grounds and arse
nal. Who shall hold his place until his
successor is appointed and files his
bond
He pointed out that no tenure of Of
fee was here named for the Keeper of
the Capitol, and argued that as no def
mite duration was fixed for the office. it
terminated at pleasure of the appointing
power--that power was now. he said. the
Legislature He contended that it was
legislative office.
Mr.. Douglass read the Code, section
2,:50ti which fixes the bond of the Keeper
of. the Capitol and provides that it shall
'be renewed every two years under the
care Of the board This section. ne
thought ought to be construed with sec.
ton 2,301. read by Judge Shepherd
And if so construed it would fix the term
atetwo years. 1t would be foolish to re-
quire man to give bond for two
years unless his office was for that
length Of time, he argued.
The board that appointed Burns was
cised this agency before the appointing
power was taken out of its hands, and
ts acceptance of the bond as
required by la. was tantamount TO
an appointment for definite period Of
two years. As Burns has fixed term,
which has not expired. and the office
has been abolished, it seems to me that
the Day ease covers this case also.
Ind. vii ,l,at Il z.
decision today.
field for the office of Railroad Commits
soner was continued until Wednesday
to allow the defendant more time to
file his answer.
a case of long standing finally settled
yesterday is that of the Directors of the
North Carolina penitentary against the
North Carolina Phosphate Company.
1t will be remembered that this suit
began some four or five years ago over
a claim held by the penitentiury for con
Wet labor furnished for the phosphate
mines at Castle Hayne farm. The farm
was sold in 1897 to satisfy the claim
and it was bid in by the State at some
$4,000 The State, however, failed to-
comply with the terms of the sale and
it was sold again some six months later
and bid in by W. III. Chadbourn and
others at about one-half what the
State had given
Ever since then there has been litiga-
ton over the sale. The matter is now
settled once and for all. The Judgment
in effect is as follows:
BY consent of all parties the claims
of the Wilmington Iron Works and w.
III. Shearin having been adjusted and
settled. 1t is adjudged that the fund re-
naming in the hands of Commissioner
c. NJ Busbee and $. f. Mordeca.
amounting to $S,9S1.45 be paid out as
follows:
Balance Of costs of this action, includ-