The news & observer., 1901-03-07
JUDGES FILE
THEIR ANSWER,
Continued from lst page.)

proceeded to discharge the duties .the,.,.
OF. The compensation to be received nv
him was as provided in section 1s of the
act.
The General Assembly of North Caro-
lima, in 1899, passed an act TO provide
fOr the general supervision Of the she'll
hsh industry OF the State, ratified March
z, 1899. being chapter 19 of the Laws
oi 1889. Under this act the persons
named in section 2, namely. George II.
Hhl OF Washington, Beaufort county:
- =. ScarDoro of Avon, Dare county
Dariel L. Roberts of Newbern, Craven
cranty; Robert w, Wallace Of Beaufort.
Cafteret county; G. G. Allen of Elizabeth
Ctty, Pasquotank county;J. NJ. Clayton of
Englenard. Hyde county. and Daniel H.
Hooker of Bayboro. Pamlico county. un.
1eEtooK 10 discharge the duties of she'll
hsh commissioners under the claim that
tue act OF 1897 was repealed by the act
OF 1899.
That the persons named in the preced-
lug paragraph, having undertaken. under
the title of Shclffish Commissioners 10
dischaFgc the duties devolving upon the
plaintiff as Chief Inspector, and having
taken posscs3i Of the steamer Lilly.
the plaintiff brought suit in the county
or Pamlico/ against said persons TO try
the title to the office The record in said
case, together with the opinion of the
supreme Court of North Carolina. ad-
judging that the title of the plaintjff
vast valid one, is made part of this
cAS,.
That since tho 1ath day of March. 1899.
up to November 20, 1899 the defend
ant H. w. Aver, Auditor OF the
state, has refused to issue to the plain
tilt warrant for the sum Of S75 per
month and his actual travelling expenses,
and has also refused to issue warrants
20 the deputy inspectors appointed by
the plaintiff in accordance with the act
OF 1897; and Of tho defendant W H.
Worth, State Treasurer. for the same
period Of time, has refused to pay the
salary and travelling expenses of the
piaintifl as Chief Inspector, and also the
$50 per month claimed by the deput,
inspectors
That sinco thc opinion of the Supreme
court has been filed the plaintiff has
again demanded OF the Auditor the isSu-
aroe OF warrant in his favor for the
amount of his salary and expenses and
tho same. has been refused by the de-
The defendants base their
tho acts OF tS99 chapter y
Jc part Of this controversy.
iff insists that by the decis-
Ivn vi the Supreme court. hereinbeforc
mentioned in the facts agreed he is enti-
tied TO a salary of SIS a month and act
ual travelling expenses from the time
Of the last payment made 10 him up 10
the present time, and that this is not
prohibited :" Nter Fl. acts Of 1893
above mentioned. He asks that man
damus Issue to tho defendant. the State
AUDITOR requiring him to issue war,
rant for tho amount due him under tho
law. ard also that a mandamus issue,
directed 10 the state Treasurer. requir
Ing and compelling him TO pay the same,
and for all further relief which, under
tho facts above mentioned aud the Law
OF North Carolina. he is entitled to.
II is further agreed hat nc part of the
compensation as provided in chapter IL.
Public Laws 1899 has hoen paid to the
persons therein named as Shellfsh Cou.-
nissicneTs. and that The State Trease
rrcr has on hand Of the oyster fund co.,
lected under the provisions of ehapte.
10 Laws of 1897 and chapter TO- Law
OF 1890 an amount sufficient and availa
bic for the payment of such salary ano
be entitled to.
Upon these facts tho plaintiff con-
tends that he Is entitled TO q writ OF
,nsndamus against the defendants. This
contention is disputed By the defendants.
and the plaintiffs right TO maGdamus
Is denied
II has been decided by this court tha;
the plaintiff is entitled TO hold his Office
OF Chief Inspector. to which be was az
pointed il 1897. for the remainder Of his
term of four years. White VS.. Hill 12a
n. c.. 194. This is settled. and the
question is now prosecuted as TO whether
or not he shall have pay for his services.
The plaintiff was duly appointed and
nducted into his said office in March.
1897, for a term of four years. under
an act Of the Legislature ratified on the
23d day Of February 1897 being chapter
1S. Of the Public Laws Of that year.
Under this act he was entitled to sal
ary OF $75 per month. or 5000 per annun,
payable monthly This is not denied
by the defendants. but they say that
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