The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-28

said meeting. ready to participate with
the defendants in said meeting for the dis
charge of the duties imposed upon the
/ Board of Agriculture; but the defendants
Having gotten permission and control of
the apartments of the Department of
Agriculture, and of the books, records
documents and effects pertaining thereto
the Board of Agriculture refused to adj
NIT the plaintiffs to any participation
in the affairs. duties and powers per-
tanning to the said Board of Agriculture:
and further refused to permit plaintiffs
to have permission jointly with defend
ants of or access to the said books. rec
ords. journals. and effects Of the said
Department of Agriculture though plain
tiffs demanded such permission and ac-
cess.
o. That such conduct and action of
defendants was pursuant 10 n pre-con-
cocted plan of action agreed upon them
selves and for the reasons and purposes
set forth in notice Of which copy
is hereto attached. marked "a" and
made part of the paragraph of this
complaint, which notice was given to the
lplaintiffs. and each one of them, by the
I
Of them on the 25th day of April, 1899
| Wherefore plaintiffs demand Judgment.
| that Il writ of mandamus issue from this
honorable court, to he directed TO the
defendants and each and every of them,
commanding them TO permit plaintiffs to
| pave possession jointly with them of,
and access to the apartments, books,
records and effects belonging or pertain
no nj ,n,,t af \ uni,
the Board of Agriculture; and also to
admit plaintiffs and each and every of
| them to participation in the affairs.
duties and powers pertaining TO said
Board of Agriculture.
SIMMONS, pOU x WARD,
BATTLE & MORDECAI,
Plaintiffs Attorneys
Exhibit "A here referred to was the
notice handed to the new members on
arrival and already printed in this paper.
THE SUMMONS.
Sheriff Page yesterday afternoon
served Il summons on w. {. Sprinkle,
Howard Browning. J. -. Maultsby, j.
c. L. Harris, Ii. f.. King, j. X. Joyce,
Geo. Il. Flow. $. T. Shore, and j. G.
Ray. the old Agricultural Board to APP
pear before the judge of the Superior
court of Wake county, ut chambers ON
May Sth. 1899, and answer the com
plant in mandamus deposited in the Of
flee of the clerk of the Superior court of
said county, etc, and answer said com
lplaint
Attorney Harris signed for himself
and the other members summoned, ac-
| cepting service.
| This was n mere formality, to observe
the ten days notice required by law. the
parties argeeing to an immediate hear
ing, and the case will he argued this
morning before Judge Brown.
DEFENDANTS ANSWER.
| The defendants, answering the COM
plant of plaintiffs, aLege:
l. That paragraph one is admitted.
| =. That paragraph two is admitted.
J 3. That paragraph three is admitted,
in so far as it alleges that defendants
rare commissioners by authority of APP
pointment and under the Act of 1897;
and it is admitted that they are required
as such by the Acts of 1899. Whether
they derive title under said Act Of 1899
is question Of law.
:. That it is not true. as alleged in
paragraph five that plaintiffs are lawful
Commissioners of Agriculture. 1t is trIfe
that the defendants are lawful commits
lsioners duly authorized and commissioned
according to law y5
6. That so much of paragraph six as
alleges that there was Il meeting of the
Board of Agriculture in the city of Raj
eigh on March 9th, 1899, and that all
the defendants except j. ID. Maultsby,
III. G. Ray and John Brady were present
and acting conformity with the plaintiffs
is. true: but at that time the defendants
were not advised of the iniirmity of the
little of the plaintiffs, and their conjoint
action with the plaintiffs is not to be
taken as admitting that plaintiffs are
| Commissioners of Agriculture; and de-
PENDANTS aver that plaintiffs are not such
officers, nor would such admission, if
made, have the effect to invest plaintiffs
with title of public officers.
Z. That paragraph seven is admitted.
$. That paragraph eight is admitted.
.. That paragraph nine is admitted.
Wherefore defendants demand judg-
ment that each and every one of the
plaintiffs be declared not to be a Com
missioner of Agriculture, and that they
have no right to participate in the meet
Iings of said commissioners.
That defendants recover their costs,
and other relief
(Signed) ARGO & SNOW.
J. G. l.. HARRIS.
Attorneys for Defendants.