The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-27
ABBOTT TAXES AN APPEAL
BEDDINGFIELD ADJUDAID THE
LEGAL OFFICER.
AND ABBOTT IS TAXED WITH THE COSTS
Judge Moore Holds that the Railroad Commits
sion Act Was Repealed and Was not
Re enacted by Corporation
Commission Act.

The decision of Judge Moore in the
Abbott Beddingfield case, for the office
of Corporation Commissioner, was yes
terday sent to Clerk of Court Russ.
This Judgment is in favor of Mr..
Beddingfeld and DIR. Abbott is taxed
with the costs of the case DR.. Abbott
appeals to the Supreme court. He is
given twenty days to make up his case
ON appeal. and twenty days are allowed
the plaintiff to file u counter case.
Judge Moore's judgment in full is as
follows:
State of North Carolina on the rela-
ton of ID. H. Abbott VS.. Il. q. Bedding
Acknowledgement.
This case, by consent, coming on to
be heard at this term of the. court and
jury trial having been waived, and it
having been agreed that the judge
should find the facts in case any dispute
as to the facts arose during the trial.
and no such dispute having: arisen, and
the plaintiffs relator having admitted at
the trial that the General Assembly, on
the 9th day of March. 1899, after the
passage and ratification of chapter 164
of the Public Laws of 1859, elected
Franklin Mcneil chairman. and Samuel
l.. Rogers and the defendant, +. G..
Reddingficld, members of the North
Carolina Corporation Commission, after
hearing the case and the argument of
counsel for both parties. it is upon the
allegations. and admissions contained in
the plcadings and said admission of the
reIator considered, ordered and adj
judged by the court:
First. That the Office of Railroad
tiff's relator, ID. Ii. Abbott, was
abolished ny chapter SOC of the Public
Laws of 1894, and that the said ID. IL.
Abbott lost his interest therein.
Second That the office of Corpora
ton Commissioner is an office separate
and distinct from the office Of Raillra.,
Commissioner: that it was created by an
Act of the General Assembly of 1899,
aud filled by the election of the dcfen-
dant thereto: and that the defendant.
Il. c. Beddingield, is entitled to sad
office.
1t is further ordered and adjudgea by
the court that the plaintiffs relator take
nothing by bis action. and that the de-
PENDANT 30 hence without day and re-
cover of the relator and his surety on
his Prosecution bond. the costs CT this
action to lie taxed by the clerk of this
court.
1t was agreed that the undersigned
judge might take the papers in this az
ton and decide the same, and sign iuds-
menf ont Of the district and after the
July, 1892. term of the Superior court
of Wake county as of said term, aii
said Judgment is accordingly signed ut
4Asheyille, on this the 18th day of July,
1899. FRED MOORE,
: !. Judge Presiding.
The plaintiffs relator excerpts and ap-
peals to the Supreme court. Notice
waived. 1t was agreed that the appel
liant should have twenty days after the
filing Of the judgment in the Clerks
office to serve his case OH appeal. and
that the defndant should have tweEty
days thereafter to serve his counter
case or exceptions. Undertaking on APP
peal in the sum of so adjudged suffi-
Gent. FRED MOORE.
Judge Presiding.