The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-12
SUIT IS BROUGHT
AGAINST RALEIGH
City Sued by County Board
Of Education.
TO COLLECT FINES
Penalties and Fines to go to School
Fund.
THE COMPLAINT ALREADY FILED
Me- S. f. MOrdscai is Attorney For The SchoO
Board. The City Refuses to Allow the
Board to Inspect the Books Of
the City Treasurer.

Suit was yesterday instituted against
the city of Raleigh by the County Board
of Education. The complaint in the case
was filed in the Superior court clerks
office by Mr.. S. f. Mordecai, the attorney
for the Board of Education.
The suit is brought to recover certain
penalties and fines collected by the city
and said to be due the school fund. The
constitution provides that 1.-THE clear pro-
leeds of all penalties and forfeitures, and
all fines collected in the several counties
for any breach of the penal or military
laws of the State" shall be applied to the
school fund 1t is said that the city has
not paid any of the fines and penalties
collected by it since the adoption of the
present constitution in 1868, and by this
time they amount to a large sum of
money.
The suit is brought by the County
Board of Education of Wake county, which
is composed of Mcssrs. A. W. Moye, Thos.
Johns and Rev. j. l.. Foster, and Capt
b. p. Williamson, county treasurer plain
tiffs, against the city of Raleigh, Hon. A.
M. Powell, mayor, and Mr.. Joseph G..
Brown, the treasurer of said city, de-
PENDANTS.
The complaint sets out the cause of
action and alleges that the defendant
has not delivered to the plaintiff the
fines and forfeitures aforesaid, and has
unlawfully directed its mayor and other
officers to pay them to the city treas
urer; that they have demanded from the
defendant an account of the fines and
forfeitures so collected by the city of
Raleigh, and that their demand was re-
fused.
The Board of Education also states that
they demanded from Mr.. Joseph G.. Brown,
the city treasurer, an inspection of the
books of the treasurer or statement
showing tee 81 funds collected by
the city and turned into the city treas
ury, but Mr.. Brown upon advice of the
city attorney, courteously but emphati-
caIly declined to submit. the books for
inspection or furnish a statement there
from.
The plaintiffs demands are:
Il. That the fines. forfetures and PEN
alties collected and received by the city
of Raleigh and it's officers and paid into
its treasury be adjudged TO belong to the
plaintiffs and to be paid over to the
treasurer of the County Board of School
Directors, to be used and expended un-
ueF the dpDOTllOnHtnl anu ulTecllUu Oi the
plaintiffs, the County Beard of School
Directors of Wake county in maintaining
the public schools of said county.
''2. That an account of said fines, for
feiture and penalties be taken under
the direction of this court, and that the
city of Raleigh, its mayor. treasurer and
clerk and chief of police be required to
furnish for the inspection of the court
or any one under its direction. all the
books, records, warrants. dockets and pa
pers of said city and Of its several Off
GERS, showing the amount of the said
fines, forfeitures and penalties imposed
and collected by said city or by it used;
and that a referee be appointed by the
court TO enquire into and report to the
court the amount shown to have been
received by the city of Raleigh and that
upon the coming in of said report the
amount so shown to have been received
by said city of Raleigh be paid to the
plaintiff, B. p. Williamson, treasurer, as
aforesaid for the purposes aforesaid.
IS. That the mayor of said city, and
the other officials thereof be commanded
by this court to pay such fines, forfeit
lures and penalties as may accrue and
be collected in the future. and which
by law are appropriated to the public
school fund, to the treasurer of the Coun-
ty Board of School Directors of Wake
county for the use of the public schools
Of said county"