The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-27
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MCCARTHY SUES :.
FOR BACK SALARY
He Says the Fusion Board
Kicked Him Out.
HIS TERM FOR TWO YEARS
CLAIMS THAT HE IS NOW DUE
$3.50 ON SALARY.
SAYS He WAS DISMISSED WITHOUT CAUSE
The Case May be Tried This Term Of Court or
Agreed Facts. Proceedings of Wake
Superior Court Yesterday. Dam
age Suit Not Tried.

A suit was yesterday instituted by Prof.
Gerald Mccarthy against the board OF
trustees of the A. and M. College
asking for 81 go, for balance claimed
ON salary as State Botanist. He alleges
that ne was elected for a term of two
years and then dismissed, without cause,
before the expiration of his term.
The grounds on which the suit is based
are set forth at length in the following
complaint filed yesterday:
THAT the officers of the Agricultural
Experiment and Control Station, up to
and including the year 1896, were elected
for a term of two years.
THAT ON or about July 1895, the
plaintiff, Gerald Mccarthy, was for the
fourth consecutive time elected for
term of two years to the office of Botan-
list and Entomologist of the Station, to
serve two years from date.
THAT thereupon the plaintiff entered
upon the discharge of the duties OF the
office and so continued up to Jane 30,
1897, when he was notified by the Exec
utive committee of the board of trustees
that his services We're no longer neces-
sary in that office. Such notice of DIS
missal was afterwards modified to take
effect September l, 1896.
THAT the plaintiff had satisfactorily
performed and was at the time or his
dismissal satisfactorily performing the
duties of his office and his dismissal was
arbitrarily made, contrary to the written
contract with the board, and was With
out just cause or reason assigned there
for, and without notice or trial.
That the plaintiff has sought to lind
employment since the time OF his dlSmls-
sal from the office, but failed to do so.
Wherefore the plaintiff demands Judg-
ment for the remainder of salary due
him on account of his term of Office,
amounting to $3.50, and interest on
said amount at 8 per cent. from Septem-
Der /, 1897, and the costs of this action.
The plaintiff Mccarthy is represented
by Shepherd Il Shepherd, and the case
will probably be tried on agreed facts at
this term Of court.
Prof. Mccarthy is now in the employ
of the State Board of Agriculture as
BotaniSt and Entomplogist, and has been
for several months. re-
4 February term OF the Wake Superior
court for the trial of civil canses was con-
vened by Judge Hoke yesterday MORN
ing.
All of the morning session and part o.
the afternoon We're given UP TO the trial
of the case of Allen x Cram Machin
cry Company VS.. V. NJ. Norris for the
adjustment of certain accounts and
notes. This case had been heard twice
before. Only about, $50 was involved
The result Of the trial was a judgment
in favor of the plaintiff.
The case of O. j. Carroll VS.. lsely
was decided in favor of Carroll. The
amount of the judgment is $110.
The hearing State ex rel Jane Il
Wilkes, etc. VS.. H. T. Jones, sheriff, et
ais, was commenced but not completed
It will be resumed this morning.
Two other cases were set for trial but
were not reached. They were:
Henry Biggs vs.. s. s. Bachelor, and
Alfred Jones VS.. Raleigh Electric Com
pany.
The cases on the calendar for trial to
day are: Samuel Rogers VS.. j. j. Penny
and c. +. Thompson S. S. Coley vs.. The
North Carolina Railroad Company; Wm
]. Edwards vs. Seabcard and Roanoke
Railroad Company ct ais; Sallie Mitch
ell. administrator of James Mitchell vs..
Ralaiph Electric COMPANY.