The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-29
Early Review Of Mandamus.
Continued from Page one.)

term. OF course a delay of that sort
is desired by neither party and the
Court will in all proba bility permit
the advancement of the case and the
docketing out of its regular order.
Judgment of the Court.
The Judgment signed was as fol-
NORTH CAROLINA
WAKE COUNTY.
In the Superior Court, Before NJ H.
Justice, Judge, holding the Courts
of the 9Th judicial DISTRICT Septem-
Der 25, 1905.
The State ex rel. J. M. Pace, w. c.
Norris and w. j. Ellington, Petit
toner's in their own behalf, and in
behalf of the other petitioners;
Plaintiffs
The City of Raleigh and the Board of
Abdomen of the City of Raleigh, and
James 1. Johnson, Mayor and VIM.
Boylan, VIM. B. Grimes, w. A.
Cooper, Ed. Hugh Lee, Geo. M. Har-
den, Fl. w. Jackson, l.. C. Rogers,
and ]. S. Upchurch, the last eight
constituting the Board of Aldermen
This cause coming on to be heard
bv His Honor Michael II. Justice,
Judge presiding in the Courts of the
9th Judicial District, in Chambers at
Raleigh. on the 9th day Of Septem-
Der, 1905. upon the pleadings and the
admissions of the parties, and 1t BENG
admitted by the parties, plaintiffs and
defendants that the only question &c
be considered in the case and arising
upon the plearings is one of law, to-
wit: whether under the law CHI 233
Sec. 7. Laws 1908, the requirement as
a qualification to vote, to-Wit that no
person shall be entitled to vote unless
he shall have paid his poll tax on or
before the LIST day of May of the year
in which he offers to vote should be
applied as a test of the competency OF
a petitioner to sign the petition speel-
fled in the complaint, and it being fur
Their admitted that if it should not be
so applied, under the said law, the
petitioners number more than one
third of the registered voters in the
City of Raleigh, who We're registered
for the preceding municipal election
Now therefore, after hearing the
arguments of counsel for the reSpec-
tive parties, it is considered, ordered
and adjudged by the Court, that the
payment of poll tax for this previous
wear on or before the LIST day of May,
1905, is not necessary qualification,
under said Sec Z, Oh. 233 of the Laws
of 1903, to enable 4 petitioner to sign |
the petition specified in the complaint;
it is TURNER COnSlueGeu ~dHu duJuu5Cu
that the petition set out in the COM
plant was signed by more han one
third of the registered voters OF the
City of Raleigh who were registered
for the preceding municipal election |
therein. and that said signers petit
toned for an election as specified in
said petition, and that said petition
contained more than the requisite
number of petitioners under the pro-
visions of said law. Og 1903.
1t is further considered, ordered and
that the Board of Alder
men of the City of Raleigh forthwith |
assemble, and that they forthwith
order an election to be held, after
thirty days notice, in the said City OF
Raleigh, to determine whether bar
rooms or saloons shall be established |
in said city under the high license tax
provided by the present charter of said
city, said election to be held and con- !
Quoted in accordance with the rules
and regulations which are now pro-
vided by law
1t is further considered and ordered |
that the Clerk of the Superior Court |
of Wake County cause copies of this
Judgment and order to be immedi- |
ately served on the Mayor and Board |
of Aldermen of the City of Raleigh.
And further, it is considered that
the plaintiffs recover the costs of this |
action.
(Signed) M. Fl. JUSTICE,
Judge Holding Courts
of the 9Th District. |
From the above judgment and order |
the defendants take an appeal to the |
Supreme Court in opepncourt. Notice |
rritr IN, ~