The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-10-17
ANOTHER CASE AGAINST The
CITY TRIED.
POLICE PATROL WAGON.
The ~ntrover Between the Mayor
and Aldermen on One side
and the Board of Audit and FL
nance on the Other Settled Yester-
day I'm Favor Of the Latter Board
Other Matters

Pursuant TO recess on TUESDAY eve
ming the Superior Court of New Han
over county met yesterday at 10 a m,
Judge Bryan, of New Bern. presiding
The most important matter disposed
of by the court vas the case of the ).
P. Cowan Livery Company against the
city of Wilmington, growing out of a
controversy between the Board of AL
dermen and the city Board of Audit
and Finance as to the privilege of the
Board of Aldermen to make a purchase
or contract without the concurrence of
the Board of Audit and Finance. The
| police committee with the sanction of
| the Board of Aldermen purchased a
| police patrol wagon and harness from
the Cowan Livery Company, the bill
| for the same being 1926. The Board of
| Audit and Finance refused to approve
the bill and despite their non-concur-
renee the a and aldermen pur-
chased the wagon and put it into use.
Upon the persistence of the Board of
Audit and Finance to concur and or
der the bill paid, the Cowan Livery
Company sued the city.
When the case was called yesterday
Messrs. Bellamy & Bellamy appeared
for the plaintiffs, City Attorney Will
liam j. Bellamy represented the city,
and eX-Judge E. K.Bryau was attor-
ney for the Board of Audit and FL
nance. The purpose of the suit was
really to settle the question whether
the aldermen have the right to make
purchases and contracts without the
sanction of the Board of Audit and FL
nance, hence it was more of a suit be-
tween the two boards than anything
else.
The following jury was ~empannelled
to try the issues: T. B. Kingsbury, E.
p. owens, Geo. w. Rogers, John H.
Strauss, T. w. Wood, H. NJ. Mason,
Matt ]. Heyer. A. B. Brewer, D. NJ.
Lehue, w. D. McGrew. NJ. Marsburn,
J. S. King.
The contention of the plaintiffs at
torneys was that the Board of Alder
men having made an appropriation tor
the use of the police department, and
the same having concurred in the ap-
preparation, it could be expended by
the Board of Aldermen for the police
service without the approval of the
Board of Audit and Finance as to
specific purchases and expenditures.
The defence took the ground that the
city charter provides that all contracts
to be valid must have the concurrence
of the Board of Audi and Finance.
After hearing the evidence, Judge
Bryan intimated that the plaintiffs
could not recover and thereupon they
took a non suit. 1t was Intended to
appeal the matter to the supreme
court, but it is said that now that the
Board of Audit and Finance has shown
in the court that no purchases or con-
tracts can be made without their con-
currence, they will approve and pay
the Cowan Livery Company's bill.
The court disposed of other cases as
follows:
J.. w. Holmes against Drs. w. J. and
L. H. Love, continued for plaintiff.
Joseph H. Waters against NJ. W..
Hedgepeth and w. A. Hedgepeth, trad
ing as Nj. w. & w. A. Hedgepeth, judg-
ment for s59O.21.
Preston Cumming VS.. w. ]. Reaves,
confirmation of sale of a tract of land
to William Sheehan.
Henry Whitfield ct al. against c.. H.
Thomas, ct al, judgment for plaintiff
in the correction of a deed.
T. c.. Miller against John w. Kelly.
dismissed at defendants cost
T. c.. Miller. against T. B. Mask. ct
al, o suit.
T. C. Miller against Alferd Griffin.
judgment of foreclosure.
Andrew Brown against Dinah Brown,
Judgment for absolute divorce.
Andrew Williams against Tena Will
lams, Judgment for absolute divorce.
Rachel Lamb against Percy Lamb,
judgment for absolute divorce.
At 4:45 D.. m. the cour. took a recess
till 10 o'clock this morning.