The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-13
ALL OTHERS COUNTERFEIT
HE FILES HIS COMPI ANT
AGAINST BEDDINGFTEI.D
CASE TO Be HEARD IN TWO WEEKS
As Soon as II is Decided Appeal viii B.
Taken and Supreme Court Asked
to Pass Upon it at
This Session.

Encouraged by Capt. Days success,
DIR. Abbott has put his paw into the
judicial fire for a chestnut
Yesterday afternoon he filed in the
office of the clerk of court his COM
plant in quo warrantO proceeding
against K. c. Beddingfield for the office
of Railroad Commissioner
The case, being a quo warranto, will
come up for trial at the April term of
court, beginning April oath. As soon as
it is decided there, the case will be
taken up on appeal and the Supreme
court will be asked to advance it under
rule Is, so that it may be finally decided
at the present term.
DIR. Abbott, in his complaint, alleges:
/. That by chapter 800, Laws of
1891, Railroad Commission was estab-
lished, and in March, 1897, he was duly
elected Commissioner, his term begin
ming April LIST, 1897, and continuing for
six years; that he entered upon and dis
charged the duties of his office up to
April 18th, 1899.
.. That on March 9th, 1899, the Leg
islature passed an act repeating the
Railroad Commission, and on the same
day passed the North Carolina Cor
poration Commission Act.
3. That by the last-named Act all the
powers and duties belonging to the Rail
road Commission were conferred upon
the Corporation Commission, with GER
tain other functions added.
4. That in March, 1891 Franklin
Mcneil was elected by the General AS
sembly to fill a vacancy on the Railroad
Commission caused by the expiration of
the term of Maj. J. w. Wilson; that
Samuel Rogers was elected commission
er to fill the vacancy caused by the
, resignation of s. Ohio Wilson. whose
term would have expired April 1st 1901.
s. That on March 9th, 1897, the
General Assembly elected Franklin
Mcneil, chairman. Samuel Rogers and
II. c.. Bedding6eld, members of the
Corporation Commission for terms to
begin April 9th, 1899.
g. That the North Carolina Corpora
ton Commission and the Railroad Com
mission are one and the same, and that
the plaintiff, ID. III. Abbott is and com
tinues to be commissioner of the Cor
poration Commission during his term.
T. That the election of the defendant,
L. c. Beddingfield is null and void, be-
cause at the time of his attempted cleo
tion no vacancy existed on the board.
g. That on April 9th, 1899, Mcneil,
Rogers and Beddingfeld met together
and organized the North Carolina Cor
peration Commission; that Abbott de-
-manded to be admitted and recognized
as a Commissioner. which demand was
refused and that Beddingield assumed
to act in that capacity and so continues.
g. That Abbott is advised and be-
lieyes he has property in the office as
Commissioner and cannot be deprived
OF it before the expiration of his term;
that the office is one of trust and profit
and has not beer abolished, and that
the plaintiff Abbott, lis protected
in it by section 10. article l, of the
Constitution of the United States, and
cannot be deprived of the same without
due process of the law, as provided in
article XIV. section ! of the same Con-
stitution
10. That the defendant Beddingfield
refuses to surrender and turn over to
the plaintiff Abbott the office Of Com
missioner. and as the Plaintiffs advised
and believes. docs now unlawfully
usrrrp. intrudc into, hold and exercise
the said office and prevent and hinder
the relator (Abbottl from performing
the duties of the same, which he is
advised and believes he is rightfully eG-
ti1ied to hold and perform"
Upon this complaint and statement OF
facts judgment is demanded as follows
L. That ID. III. Abbott is still Il Com
missioner under the acts Of 1891 and
1899
2. That as such he is entitled 70 re-