The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-15
IN THE SUPREME COURT
CRIMINAL COURT CLERKSHIP
IN BUNCOMBE.
WILSON'S CHANCES or RECOVERY SLIM
Three Days INTERVIEWED Between Repeal Of the
Act Creating the Old Court and Passage
Of An Act Establishing New
Court With New Duties.
Court With New Duties.

The case of w. H. Wilson vs.. JOIN
y. Jordan, over the criminal court clerk
ship for Buncombe county, having beer
advanced ON the Supreme court docke
was argued yesterday. The plaintiff
Wilson, was represented by Iusk ana
Garter. of Asheville. The case for tn
defendant Jordan was argued by Shtp
herd & Busbee, of this city, and brleis
were filed by Moore * Moore and Car
ter & Weaver. of Asheyille.
The facts ian the case as brought out
i'm the argument are about as follows
The Legislature of 1899 established 4
criminal court composed of Buncombe
Madison. Haywood and Henderson. and
in accordance with the provisions of the
act the plaintiff w. II. Wilson was al
the next general election chosen as clerk
OF the court for a term of four years.
HE qualified and was INDICTED into
office on the first Monday. in Decem-
Der. 1896.
The Legislature of 1897 amended the
act so as To include McDoweN county.
and by virtue ALSO of this amendment
Wilson became clerk of the criminal
count only for Buncombe county.
The Legislature of 1899. by an act
ratified February 9th. abolished the
court entirely: ana on March 3rd estal,-
lshcd a court of record ITO be called
the Western Crimfnal District Court
for the counties of Bmconbe. Haywood,
Burke, Slury, Yancey. Mcdowell, For
sy:h, Madison and Caldwell.
This last-named act gives the judge
of the court power to appoint a clerk.
and in accordance Herewith Judge Ste.
yens has appointed Mr.. john Y. Yordan
OF this the former clerk Wilson COM
planned and entered suit against Jordan
for recovery of the office until the ex-
piration of his term In his complaint
he set forth and his attorneys Yesterday
argued, that the office of clerk of the
new court, held by Jordan, was one
and the same, roth in law and fact,
with the office that had been held Soy
the plaintiff sAFilselE ~ @s-# En-
liz wsls further contensl.d that the
three acts passed by iihe Legislature oif
1899 in regard to this court did not have
the effect of abolishing the court: that
ali the acts, being passed at the same
session, must be construed together and
being so construed they were in the
nature only of amendatory acts 10 the.
orig nal law and not Il repeal Of it.
The action was heard upon complaint
and demurrer before His Honor Judge
Starhnck. at the March term. 1899, Of
the Superior court of Bunccnbe county
and Judgment was rendered by the court
sustaining Jordan's demurrer, and VIII
son excepted and appealed.
The contention of the plaintiffs attor-
nfys yesterday was, in brief, that the
three acts passed by the last Legisla-
ture. touching the criminal court. relate
to the same srbject-matter and must.
therefore, be considered together as one
law. The property rights of Wilson in his
office can he Invested only by legis
lative abolition of the office. But such
abolition must be real and genuine: If
the office is continued restored or re-pS-
t;tblished the rights of the holder. Of il
are not affected by any act or pretended
act of abolition. Whenever the office he
comes an useless or unnecessary charge
upon the people it may and ought to
he abolished. Ii, however. 1t appears
from the act or is nececcaiy inference
therefrom that it lis passed for the lmir-
pose of ousting the incumbent, and the
office or the substantial duties thereof
are continued under the same or ii
different name, the act will be held in
operative i'll so far as it attempts such
custer.
BY way of reply to this, Judge Shep-
herd, for the defendant, argued that thu
Circuit court for Buncombe county was
a creature OF the Legislature, and not
of the Constitution, having been estab-
lished by an Act of the General Assem-.
bly,. The clerkship of said court for
Buncombe county, being an incident to
the court. and having been created by
the same act was likewise a Legislative