The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-01-31

Z ebruary. A. D., 1902. why the restrain
ing order herein granted should not be
continued until the final hearing.
"E. w. TIMBERLAKE,
Judge holding courts 5th District"
JOHN d. TAYLOR.
Clerk Superior Court.
This the 9th day of January 1902.
The action Of the sheriff fell like a
bomb shell on the aldermen. They
looked at each other and some smiled.
It was amusing and the spectators
laughed.
In a few seconds Alderman Harriss
WAS on his feet and said the board had
net to ass measures to compel the
Wilmington Sewerage Company to re-
store the streets. but they had been
blocked by this restraining order. He
said that was a game two could play
1T and moved that the city attorney be
Instructed to sue out a writ of ~injunc-
ton against the Sewerage Company or
Mclean & Co.. the contractors. re-
S~training them from any further exca-
walton of the streets. He also moved
rhat. If it is necessary. the city attor-
rev be instructed to retain Messrs.
Rountree & Carr to assist HIM.
Major Waddell sal he was not the
legal adviser of the board but he would
not like to see the members of the
BOARD get themselves into a difficulty.
He therefore felt that it was his duty
to warn them that the restraining order
- sweeping and percmptory and the
board could take no action. AS for in
structing the city attorney. however, he
had not a word to say
City Attorney william ]. Bellamy
asked for the privilege of being heard,
as his name had been mentioned in con-
nection with the matter. He said that
uLon reading certain clauses in the
restraining order it would be seen that
the board could not iegislate or AXE
any other action to retard or impede
the Sewerage COMPANY. He said. how
ever. it was his opinlon that the in
junction could be successfully resisted
IL Kenansville on the 14th of February.
He said he would suggest that instead
Of any counter or cross Injunction that
t;4e proper curse would be to send
tDullCll W heIdIlSNlilS IudIS 1tlH
to resist the injunction.
Alderman Harriss insisted on his mo-
ZION. but City Attorney Beliamv said
if the board took any action whatso-
ever. it would be apt to get fined for
contempt of court
Alderman Harriss then Withdrew his
motion and moved to adjourn.
Alderman Johnson attempted to say
something but he was told by the
mayor that a motion to adjourn was
not debatable
The ayes and nays were called on the
motion to adjourn
The ayes and NAYS were then called
and the motion to adjourn was over
'Thelmingfy lost. only Aldermen Har-
TIss. Bailey and Mann voting for it.
Aldermen Johnson tnen got the floor
aid asked WHY It was that the mayor
and the streets and wharves committee
had held hack and not enforced the
D~rdnances compelling the . Sewerage
Company to restore ihe streets.
Alderman Harriss asked to be ex-
cused and took his hat and went out.
Alderman VonGlahn said it was due
10 he people of the town to nave some
eAcure why the streets nave not been
restored.
Alderman Jahnson addressing the
ago said 1 think you ought to make
some explanation as chairman of the
streets and wharves committee, WHY
Ike streets have not been restored. The
people a a right to know why it has
not been done. He said this board was
determined to know and moved that as
they had started out, on this business
that an adjournment be taken till to-
light at s o'clock to go into the matter.
and if necessary summon superinten-
dent of streets J. NJ. Woolard before the
hoard To hear a statement from him.
He said it appeared that very few of
the city officers were Oh the side of the
people in this fight.
BE careful, SIR quickly put in tbs
mayor, don't go too far. I have kept
cny mout shut up to this time. If any
member has any business to bring be-
tCre the meeting I would like to hear it.
City Attorney Bellamy asked to be
heard, and said he inferred from Alder
man Johnson's remarks that he reflect
Cd on him as not being on the side of
the people. He said n can and will be
ready to do his duty when the time
comes.
Alderman Johnson said Mr.. Bellamy
misunderstood him. that he meant no
reflection on him at all.
The board then adjourned, after be-
ing in session only about fifteen
minutes.
Everybody wondered why Alderman
Harriss had left the meeting. He came
back and said he had gon to telephone
TO Marsden Bellamy. Esq, to ask his
opinion whether. if the board Is re-
strained from bringing a counter re-