The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-29
PURELY LEGAL QUESTION
SAID THE COURT AT THE CLOSE
OF ARGUMENT.
DOCKeTEO IN SUPREME COURT TO DAY
The Attorneys viii be Present, and it is fx
pected that the Case viii be Argued
at Once, if the Court Signi-
f.s its Readiness

Judge Brown on yesterday decided IL
favor of the new members of the BUart
of Agriculture in their suit for man
damus to compel the old members ~
permit them to take part III the pro
ceilings of the Board and 10 cXercis,
the powers duties and functions OF
members The case was argued lN
Messrs. Il. NJ. Simmons and K. II
Battle for plaintiffs and Col L. NJ
Argo for defendants. The decision was
given Immediately after the close of az
gument at noon.
The papers in the case were beng
printed yesterday afternoon and it will
be docketed in the Supreme court this
morning. The attorneys for both sides
will be on hand and if the court signifies
that ii is ready to hear the case argll-
ment will be made today.
Judge Brown at the close of argument
yesterday, said
This is simply n question
of law and the court has bcon
favored with a more extended argI-
ment than was expected. The court
wishes that it had the time to give the
matter thorough examination but since
this is not 'the court of last resort it
would hardly be proper to take the time
from the jury cases now pending trial.
That it has been the undisputed usage
of the legislature for the last twenty
years to elect is somewhat of an argu-
ment in favor of the plaintiff and the
court will grant the prayer of the petit
TONERS and order the mandamus asked
The following Judgment was issued:
North Carolina, Wake County, Superior
Court, Before Brown. j., ut Chambers
John S. Cunningham S. l.. Hart, w.
u. Smith, X. II. Jones' A. T. McCallum,
w. A. Graham. J. w. Bailey, l.. G.
Waugh. w. A. Dills, j. Il. Coffield, w.
r Capehart, ]. A. Stevens, j. G.. Bunch,
s. +. Weston and ]. Il. Grimes Plain
tiffs.
Against
W. c. Sprinkle, Howard Browning, J.
d. Maultsby, ]. G. L. Harris, H. II.
King, j r.. Joyce, G.. Il. Flow, S. +.
Shore and j. G. Ray-Defendanus.
This cause coming on to be heard be-
fore George III. Brown, Jr., Judge of
Superior court, at chambers in the court
house in Raleigh, n. c., on the 2Sth d:..g
of April, 1899, by consent OF both plain
tiffs and defendants and the. said cause
being heard upon the pIeadings no is
sues of fact being raised thereby: and the
court being of opinion upon the facts
stated in the complaint and admitted
by the answer that the plaintiffs and
each and every one of them are mem
bers of the Board of Agriculture duly
elected and qualified:
Il ~ Il Il \
adjudged as follows:
!. That the plaintiffs and each and ev-
cry one of them are duly elected and
qualified members of the Board of Agr
culture and entitled by virtue of their
election and qualification to all the pow
ers and emoluments pertaining to the of
flee Of member of the Board of Agricu
ture and to participate with the defen
dants in the exercise of the duties and
powers and functions Imposed upon and
vested in the Board of Agriculture.
. That writ issue from the Superior
court of Wake county to be directed to
the defendants in this action and eacl,
and every one of them, commanding them
to permit the plaintiff in this action. and
each and every one of them, to have
possession jointly with said defendants
of, and access to the apartments, books
records, documents and effects belong
ing or pertaining to the Department OF
Agriculture and the Board OF Agricul-
ture; and also to admit the said plain
tiffs, and each and every OF them, to
participation in the affairs, duties and
powers pertaining to said Board of Agri
culture.
3. That the plaintiffs recover of the
defendants their costs in this action ex
pended.
G. Ii. BROWN, JR.,
Judge.
1t is expected that the case viii be
argued before the Supreme court tomor
row.
Exception and appeal was taken by do
PENDANTS to Supreme court Notice was
waived and the bond fixed 1T SD. There