The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-29
TEXT OF THE DECISION
IN GRANVILLE COUNTY SCHOOL
BOARD CASE.
TWO OF THE NEW BOARD TURNED OUT
Fuller, the Negro Member Who Does Not Live
in the County, Got the Chilly Nit in the
Newest Ukase. Justice Clark Dis
sents Except as to Fuller.
9OII5S I-NVOFt " 70 U''o''
Presbyterian Church Special Services.


The expurgated and half-soled opinion
of the Supreme court in the school board
contest from Granville county was
handed down yesterday The court de-
cides that A. J. Daily and G. T. Skies,
two of the old board. are entitled to hold
on. j. A. Fuller. a negro and non-resi-
dent of the county, the court, with
strange harshness, declined to continue
in office. For this the white people of
Granville will doubtless be grateful.
The opinion is based on the same
grounds as in the school board cases de
cided week earlier. The court found
in Fuller's case that he has left Gran
vile county and hence his place will be
filled by q member Of the new board.
Justice Clark dissents as to Daily and
Skies for the reasons given in previous
opinions and concurs in the result as
TO Fuller.
The opinion is as follows:
Under an act of assembly 1897, chapt-
or 10S. the plaintiffs were elected as a
Board of Education for Granville
county and were qualified and entered
on the duties of said office on the first
Monday i'll July, 1897, for term of
three years. BY an act of 1899, chapter
314, the said County Board of Educa-
1ion was in terms abolished. BY an act
of 1899, chapter 49,. the office of Coun-
ty Board of School Directors was estab-
lished, and by an act of 1899, chapter 3.
the defendants We're elected as such
board for said county.
The plaintiffs insist that said acts of
1899 are only amendatory of the said act
of 1897 and other portions of the school
law. and that their office is not abolish
ed The defendants deny that conten-
lion.
Thus the question: so frequently be-
fore this court heretofore is again pre-
scented. Said acts of 1899 are in pari
materia and in legal effect constitute one
act. BY comparing the powers and du-
ties of the plaintiffs under the act of
1897 and the existing laws, with those
of the defendants as prescribed in the
acts of 1899, it will plainly appear that
the two are substantially the same, and
IN several sections are so in toto verbs.
Therefore it follows that the plaintiffs
office has not been abolished, and not.
materially changed, except in its name.
The reasoning and opinion of this
court ON the question here presented
have been so frequently and so recently
stated that we deem it wholly unneces-
sary to again repeat them, and will sim
ply refer to a few of the decided cases
Wood VS.. Bellamy, 100 n G.. 212; Day
VS.. State Prison, 124 n. G.. 362; Wilson
VS. Jordan ibid 653; Bryan VS.. Patrick
ibid 651 We think the Judgment be-
low is erroneous.
BY agreement the complaint, answers
and Judgment constitute the record and
case on appeal At the trial in July
1890, His Honor, by consent finds as Il
fact that the plaintiff Fuller lis not a
citizen or resident of Granville county"
1t does not appear from that finding or
from any part of the record whether
Fuller was a resident in July, 1897. Ii
it was material to do so on the issue
in this action, we should infer, from the
fact of his election, qualification and
entrance into office in 1897 and con-
tinuance therein until 1899, that he was
ii resident or citizen of the county.
1t must be recognized in this country
as fundamental principle that the citi-
zens have established government for
their liberty and protection, and it must
be administered and its functions eXer-
cised only by themselves and through
their agency, 50 that as an alien can
not hold an office; nor can nonresident
do so even in particular county if his
right is successfully controversial in a
judicial proceeding.
BY agreement the court found as a
fact that relator Fuller was not resi-
dent and citizen of Granville county at
the time of the trial. This agreement
in effect authorized the court to amend
the pleadings so as to present the same
issue and it also dispenses with the