The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-21
THE y. q n. c. II. Il. CASE.
The Supreme Court Will Hear Argu
ment ON it Saturday.

The Atlantic and North Carolina Rail-
road cases GU We're yesterday morning
docketed in the Supreme court, and
on motion of counsel for the plaintiff.
and by consent of counsel for the de-
PENDANT. they were advanced on the
docket and set for hearing at 10 o'clock
Saturday morning.
There are two of these cases. but they
will lie combined into one in the argu-
ment, as the facts and points of law
are practically the same in each. The
title of the cases are:
Atlantic and North Carolina Railroad
ct al. VS. III. II. Dortch ct al. This is
to settle the question as to the director
ate and States proxy.
State in re james A. Bryan ct al VS..
Dan w. Patrick ct al. This is a quo
warranto proceeding for the office of
presidency of the road
The point III the controversy as be-
tween Mr.. Bryan and Mr.. Patrick is
whether tire board of internal improve
ments had a right to remove the direc-
tors of the Atlantic and North Carolina
Railroad The charter of the road,
which was in no wise changed in that
respect, has always provided that the
board of internal improvements might
remove directors and appoint new ones,
as was recently done. The question
raised in number of other eases as to
whether the Legislature had the right
to take away from the Governor his
power to appoint directors jointly with
the board of internal improvements is
not involved in the case.
rttha oannraI grounds of thp case are
that under the act of 1897 the Governor
and the board of internal improvements
/ Jointly appointed eight directors of the
Atlantic and North Carolina Railroad,
of whom Mr.. Patrick was one. The
directors subsequently elected him presi-
dent of the road, the charter providing
that none but director should be
chosen president
The act of 1899 increased the number
Of the board of internal improvements
from three to nine and vested in the
board the sole power to appoint direc-
tors of the roads. Acting under the
charter powers the board removed the
old directors and elected eight new di-
rectors. of whom Mr.. Bryan was one.
The new directors met and chose Mr..
Bryan as president of the road.
After his election Mr.. Bryan demand
cd possession of the office from Mr..
Patrick. who declined to yield. 1t has
been the invariable custom in the man
ageInent of the road for each new adj
ministration of State affairs to remove
the old board and appoint in its place,
the old board always quietly submit
ting When Hancock was appointed
president of the road by Governor Rus
sell and the board in March, 1898, Mr..
Chadwick, though his term did not ex-
pire until September, made no contest,
recognizing the right of the appointing
power to remove. The contest there
fore involves the dispute by the incuni-
bent of a power that has been exercised
without question heretofore.
The attorneys for Bryan are SIM
mons. Pou and Ward and for Mr.. Pat
rick McRae & Day and w. c. Douglass.
For Patrick: MacRae Il Day and j.
G.. l.. Harris.
On Tuesday Judge Hoke heard the
case at Chambers i'll Tarboro and de-
cided it in favor of Bryan and the new
directors. Now it is to be finally settled
by the Supreme court.