The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-28
THE CASE IN COURT.
IT Win be Heard Before Judge Brown
mt $50 This Morning.

The attorneys in the case of the new
Board against the old prepared the pa
ners and agreed ON the facts yesterday.
| The case was to have been argued in tAe
afternoon but another case occupied the
! time of the court and SO the hearing Will
loccur the first thing this morning when
court convenes at $3.50.
THE COMPLAINT.
The following is the complaint in full
of the plaintiffs as filed late yesterday
afternoon:
| Court-Before Judge Brown at Cham
| hers.
John s. Cunningham, S. T.. Hart, w.
u. Smith. II. III. Jones, \. T. Mccall
llnm. V. A. Graham. ]. w. Bailey. l..
q. Waugh, w A. Dills, j. b. Coflield,
| W. II. Capehart, j. a. Stevens, j. {.
Bunch. G.. T. Weston. and j. b. Grimes
plaintiffs VS..
W C. Sprinkle, Howard Browning, J.
| u. Maultsby. ]. c. L. Harris, III. +.
King, j. X. Joyce, Geo. E. Flow, 5. +.
Shore. !. c. Ray-Defendants.
| Plaintiffs allege:
/. That the General Assembly OF
North Carolina at its session of 1899
enacted n law entitled IAN act to repeal
chapter 81, Laws of 1897, and to reform
| the Department of Agriculture, lmmi-
grafton and Statistics" which act was
duly ratified the 4th day of March, 1890:
and among others the following section
| is contained in said act section :.
| The Department of Agriculture, lmmi-
Fgration and Statistics shall be under the
control and supervision of the Board to
be styled the Board of Agriculture con
stituted as follows to-wit:-the persons
ldenominated commissioners in chapter
S5. of the Laws of 1897, who shall retain
their places until the expiration of the
terms for which they were respectively
elected. and one member from each Con-
gressional district to be elected by this
General Assembly. This General As
sembly shall also elect five members to
succeed the five whose terms expire
March 9Th. 1899 No successors are
to be elected to the nine persons denomi-
mated commissioners, whose terms eN-
pire in 1901 and 1908, nor TO the five
to be elected for two years to succeed
five persons denominated commissioners
whose terms expire March 9th, 1899 as
aforesaid, the intention of this act be-
ing to gradually reduce the number OF
the Board to nine members. All yacan-
cies occurring in the Board shall be
filled by the Board until the next ses-
sion Of the General Assembly, and
until their successors are elected and
qualified; Provided, that the uneXpired
lterms of the commissioners, holding over
as aforesaid shall not be filled in case
Of vacancies therein.
/ The members elected from the First,
Fourth and Seventh districts shall be
elected for "a term of two years and
their successors for Il term Of six years.
1.-THE members from the Second, Fifth
and Eighth districts for a term of four
years and their successors for term
of six years; and the members from
the Third, Sixth and Ninth districts for
a term of six years.
2 That after the ratification Of said
act, to-wit the day of March, 1899.
1.-THE said General Assembly duly elected
the plaintiffs w. r., Capehart. j. b..
ICoffield, G.. f. Weston, j. e. Stevens,
III. G. Bunch members Of the Board of
agriculture for term of two years TO
succeed the five persons heretofore de-
nominated commissioners whose terms
lexpired March 9th, 1899; and also elect
ed the other plaintiffs members of the
Board. CThe parties enumerated above
3. That each and every of said plain
tiffs duly accepted said office as mem
hes of the Board of Agriculture and
Iqualified as such prior to the commence
ment of this suit.
A. That defendants afore named were
commissioners duly elected under the
lprovisions of chapter 50, Laws of 1897,
and are now members of the Board of
Agriculture by virtue OF section of the
act of 1899, set forth in paragraph two
of this complaint
g. That the plaintiffs and defendants
now constitute the Board of Agriculture,
land the plaintiffs each and every of them
are now, and were OH March 9th, 1899,
Ientitled by virtue of their said election
land qualification, to participate with the
defendants in the exercise of the power
les and duties and functions imposed
lupon and vested in the Board of Agricul-
lture.
g. That by section 3 Of said act it is.
among other things provided and re-
quired that the Board of Agriculture
meet in the city of Raleigh on the 9th
day of March, 1899 and thereafter twice
a year and oftener if said board should
deem it necessary; and pursuant to said
Requirement the Board of Agriculture
met on said 9th day of March, 1899, III
the city of Raleigh and organized by the
election of the plaintiff Jno. S. Cunning
ham, chairman. and transacting divers
matters pertaining to the duties of said
Board, ut which meeting all the plain
lifts and all the defendants except j. ID
Maultsby. j. c. Ray and John Brady
were present and said plaintiffs and de
PENDANTS being present acted conformity
in the said meeting and the conduct OF
the business and affairs of the Board
of Agriculture.
{. That at said meeting. so held on
March 9th, 1899, after the transaction
of other affairs, ii was resolved and
, determined that another or adjourned
! meeting Of said board be held in the
agricultural building in the city of Raj
| eigh. n G., on the 26th day Of April
, 1899
, s. That on the said Goth day of April
1899 the plaintiffs duly attended at the
time and place heretofore fixed for the