The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-11
CAPT, BILL DAY
REFUSES To CD
New Board of State Prison
Organize.
DEMANDED POSSESSION
BUT CAPT. DAY REFUSED TO
YIELD.
SUIT WRL g. BROUGHT AGAINST DAY
The Old Board Also Refused 10 Recognize thu
New 0irec ors. they Held meeting
and Transcend Poutne
BUSINESS.
Capt. Day refuses to go.

Capt. Day refuses to go.
He does not propose TO give up his
grip on the superlntendency of, the
States frlsun unCn he is thrust out by
the courts.
Yesterday the newly-elected Directors
created 10y the act OF the General As
sembly, ratified on the 10Th ult, organ
lied and made formal demand on nm
for the property and convlcts III his pos
session.
1his he declined to comply with, de-
clarng that the act of the Legislature
abolishing his job and creating the new
directors was unconstitutional.
The attitude of Capt. Day makes it
necessary for the new Board to insti.
tute suit against him in order to get
possession of the property and the con-
victs. Action will be brought against
him at the next term of Wake Superior
court. Capt Day claims that he is will,
ing to facilitate a judicial determination
of the case and it is possible that the
case may go before the court on an
agreed statement of the facts.
The matter will be settled by the
courts probably within the next thirty
days.
The members of the old Board also re-
fused to recognize the new Directors,
and held a regular meeting.
Yesterday morning the new Directors
held a caucus at the Marlborough. The
following members We're present: II. l.
Travis. of Halifax; J. l.. Gwaltney, OF
Taylorsville; NJ. I. Morphew. of Ma
rion: w. H. Osborn, of Greensboro; NJ
l.. Bryan, of MARSHALL ]. w. Perry, of
Princeton: j. H. Wellington, of Char
'lotte: J. 7. LeGrand, of Rockingham
A. b. Young, of Concord; VIC. New
land, of Lenoir; j. G. Davis. of Beaufort;
B. w. Ballard. of Franklinton.
AT noon they went out to the State $
Prison and were admitted. They were
given a large room to hold their meet
ing in.
The new Directors did not organize
Immediately, but held an informal con-
ference. Mr.. C. NJ. ,Busbee and Mr.. Il.
o. Burton, counsel TO the Board, were
present.
1t was decided that the members OF
the old Board should participate IN. the
or~oniza+ion.
The following written invitation was
prepared and sent to the members %
the old Board of Directors who were in
session in another room of the building:
.'Messrs. f. L. Clark, j. w Denmark,
A. Y Sigmon, Claudius Dockery, Il.
II. Cotton:
.Gentlemen: The undersigned mem
bers of the Board of Directors of the
States Prison of North Carolina having
this day met in pursuance of the provi-
sions of the act of the General Assembly
of North Carolina, ratified January %
1899, for the purpose of organization and
the transaction of business, you are
hereby invited as individual members OF
said board appointed by said act, to meet
with us and qualify as such Directors
and participate with us in the organiza
ton of said Board and in such business
as may come before the same"
tSigned) 'E. L. TRAVIS,
]. L. GWALTNEY,
NJ f. MORPHEW,
W. II. OSBORN,
L. NJ BRYAN,
J. w. PERRY,
J. II. WEDDINGTON,
r. w. BALLARD.
JAMES T. LIE GRAND
A. b. YOUNG,
". G. NEWLAND,
JAMES C. DAVIS"
The following written answer was
handed to the Board by Clerk Wimbish
AT meeting of the Board of Direc
tors of the States Prison this day held
Messrs. Claudius Doc. '"9. Il. I. Clark
+. w. Denmark. a. Y. Sigmon, 't@t mar
Hughes and Il. X. Cor; IN being present
4 was resolved. Mr.. Il. Cotter DIS
senting. as follows:
.'Resolved: Tha' we respectfully aIit
courteously decline the invitation .
Messrs f. l.. Travis and others to part
,.ipate in their proceedings as Director
of the States Prison, because OF on
opinion that the act of the Assembl!
under which they claim their authorit.
10 act. ratified January 26th, 1899, i
unconstitutional.
IF. b. WIMBUSH,
CLERK North Carolina Penitentiary.
After reading the refusal of the mem
beers of the old Board to participate Il
the organization, those present wer
sworn in by Justice ]. G. Maroon, an
an organization was perfected. MI. a
Il. Young, of Concord, was electe
chairman and Mr. b. W. Ballard, o
Franklinton, secretary. Messrs. h. A.
Travis, w. III. Osborn and w. c. New
land were elected members of the Exc
cutive Board, which has full control o
the 1FfSOH.
A demand on Capt w II. Day 70
the possession of the property and con
victs in his charge was formulated b.
the Board.
Mr. Il. l.. Travis moved that a con-
mittee of two Directors be appointed t
present the demand to Capt. Day.
Messrs. w. c. Newland and ]. ii
Weddington were appointed by the chair
man and presented the demand to Capt
Day. who was in the superintendent
office.
The following was the written dc
mand:
ITO W. III. Day, Esq:
Dear Sir; We hereby notify you tina
the Board of Directors of the State
Prison of North Carolina has been tn
day duly organized under the provision
of the act of the General Assembly, II
ti6ad January ,o6 1894 and Iye herph