The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-11-24
ABBOTT DECLARED ENTITLED TO SEAT
ON THE COMMISSION.
SUPREME COURT DECISIONS
Regarding Offices I'm Which Changes
Were Made by a Legis1ature-Fu-
sion Contestants Successful In All.
Office Not a Vested Right and Deny
ing power of the Court to Declare
Acts of Legislature Unconstitutional
Especial to The Messenger

affirmed; Abbott VS.. Beddingield, from
Wake, error; Gattis VS.. Griffin, from
Chatham, reversed: Webb VS.. Hicks,
from Cumberland, petition to rehear
dismissed; Jones VS.. Railroad, from
Cumberland, error; Bruton VS.. McRae,
from Montgomery, affirmed; Green VS..
Owen, from Davidson, modified and af-
wilson, affirmed: Walker VS.. Bowles,
from Iredell, error; Hogan VS.. Brown,
from Montgomery, error: Mccall VS..
Webb, from Buncombe, affirmed; Nc
Call VS.. Zachary, from Madison, af-
frmed; per curiam orders in the fol-
lowing cases: Clement VS.. Roseman,
from Rowan, affirmed; State VS.. Bur-
CESS, from Randolph, affirmed; Reeves
vs.. Jones, from Allegheny, appeal of
defendant docketed, and dismissed un-
der rule II.
One of the most interesting cases in
recent years was decided by the su-
preme court today. The railway COM
mission was composed of three mem
bers. The term of one expired April
1st. Another who had been suspended
by Governor Russell, and who was
found by the legislature ITO have been
illegally removed resigned. D. H. Alb
bott, republican, had two years to
serve. The legislature abolished the
commission and created the corpora
ton commission, giving the latter jur-
isdiction of railways. Three members
were appointed by the legislature, and
Abbott brought suit for the seat of one
Of these, E.. G. B~eddingield.
The lower court decided against Alb
bolt, but the supreme court today re-
versed this decision, and Abbott will
take his seat, ousting B~eddingfield.
The decision was expected.
The supreme court holds that under
the act of 1891 establishing the COM
mission, Abbott was elected for six
years from 1897; that one act of the
Legislature this year repealed the act
of 1891, while another act established
the corporation commission, and hat
under the last named act Beddingfield
was elected to succeed Abbott, who
was ousted. 1t is held hat the act
having abolished only the name and
not the duties and functions of Alb
bolts office, he was unlawfully eject
ed therefrom.
Justice Clark files a dissenting opin-
ion in which he attacks the old time
decisions of the court that an office is
property, and also says the supreme
SooAI hCo Ian AASAS ~ ~ oAy ~
Of the legislature unconstitutional.
This is an entirely new theory in North
Carolina.
SHELLFTSH INSPECTORSHIP.
The court renders an opinion in d
case involving title ito the office of
chief inspector of shellfish, in favor Of
Theophilus White, populist, against
Hall, democrat, and reaffirms the de-
cision that an office is property, and
that during a term the material part
of the duties and emoluments cannot
be taken away from ar officer.
THE SOLICITORSHIP CASE.
The supreme court today decided
three political cases. In each of these
Justice Clark filed dissenting opinions.
One case is that of Mccall against
Garner and various other solicitors Of
the Western criminal circuit. Mccall
was elected solicitor in 1896 for four
years., under the act Of 1895, for the
circuit of Buncombe, Madison, Hay
WOO and Henderson. The legislature
of 1897 changed the name to the cir
cult court of Buncome, Madison, Hen
derson, Haywood and Mcdowell. The
legislature of 1899 attempted to repeal
the acts Of 1895 and 1897 and establish
ed the Western criminal district, add
ing Burke, Yancey, Forsyth and Cald-
we'll. The court holds that Mccall is
entitled to the office of solicitor in all
the counties save those added this
year.
Mccall also wins a suit against Webb
for solicitor for BuncOmbe county, be-
cause the judge had appointed him,
the court holding hat the act of 1899
did not abolish the district court" Of
Bpncombe. The court says while the
acts of 1897 and 1899 establishing the
district court. and the Western dis
trict criminal court are unconstitution-
al in many respects, yet they are not
wholly unconstitutional, as article 4,
section IL of the constitution provides
for establishing inferior courts by the
legislature.
THE SCHOOL BOARD CASE.
The supreme court decides in the
case from Davidson county TIT the
fusion board Of education was unlaw-
fully evicted from the office by the
democratic board of school directors.
The court holds that the duties pre-
scribed for county boards of directors
are substantially those prescribed for
boards of education, and that the Of
fees of the latter were not abolished.
The court also says where one was ap-
pointed a member of a board Of educa-
ton under the act of 1897 after the
passage of the act of 1899 creating a
COullJ OOdIo vi SShOOl SONIl
appointee cannot hold as against
one appointed under the provisions of
the act of 1899.
THE PUBLIC SCHOOL APPROPRIA-
TON.
The state superintendent Of public
instruction says he believes the state
treasurer will. when h time comes,
January 1st) pay hat 500, 900 from
the general fund to the public schools;
that if it is his duty to force the treas
urer TO pal it, he will apply for a man.
damus, but hat he believes it will be
the duty Of the county boards in whose
favor he will iSsure prorate vouchers
covering the sum. There will be nine
ty-seven warrants. n for each county.
Professor Massey returned here to-
| day from Greensboro. He say the
| cause Of the trouble at the Normal and
| Industrial college was a leaky sewer
pipe. His daughter. who was a student
has typhoid fever here.
Among h arrivals here is H. NJ
Chase, of Wilmington
MORE PENTTENTTARY DEBT
TROUBLE.