The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-23
DENY ALLEGATIONS
1--WE 0beyed the Law
Say the Aldermen.
Answer Filed to Complaint OF "For
Saloons Advocates for a Mandam-
us to Have an Election in Raleigh
for Bar Rooms.

The answer to the complaint and
petition for mandamus by the Fer
Saloons" advocates was filed yesterday
in the Superior court by Mr.. W. Il.
Snow, City Attorney, and Hon. r. II.
Battle. as attorneys for the answering
defendants, the Board of Aldermen
of Raleigh, and the Mayor and Alder
men separately, except William Boy
Ian, George M. Harden and ]. S. Up
church. the three Aldermen holding
for an election as petitioned.
The answer acknowledges the cor
rectness of matters set forth in the
complaint on which there is no dis
pute, such as. that Raleigh is body
politics corporate. that a petition
asking for an election was presented
by Mr.. w. B. Jones as attorney, the
account CT the proceedings of the
meeting at which the petition was
presented that the list of petitioners
was finally reduced to AIS and the
names on the registration books to
1902, names being dropped for nom
payment of poll tax on or before the
first of May, 1905.
The answer acknowledges that the
petition was in words and figures as
set out, but says that the defendants
have not knowledge or information
sufficient to form a belief whether
the petition was duly signed by such
persons. Acknowledging that the Pc
tition was referred to the Committee
>of the Board, it states that the COM
plant fails to set out that there were
deductions of 25S removals and deaths,
leaving 523 as one-third, as set out by
wards. 1t is further declared that
the allegation does not set out all
that was done at the meeting on the
first of September when the investiga-
ting committee reported this that
names were added and withdrawn. Il
list Of names on non-payers of poll
tax filed. petitions presented and
withdrawn, the majority and minority
report presented, the presentation of
the motion that a payment Of poll tax
on or before the first of May, 1905, is
necessary to entitle a person to sign
the petition, that the city attorney
said that in his opinion the payment
Of the poll tax as stated was no neceS-
sary, the adoption of the motion. the
re-reference of the petition.
Finally the defendants, upon infor-
nation and belief deny that the Board
of Aldermen have wilfully and un-
lawfully, and in disregard of the
rights of the petitioners. and in viola
ton of law. refused to order the cleo
ton as alleged but on the contrary
that the committee. acting as au-
thorized by the Board, did diligently,
honestly and consc:entiously, proper
iy and lawfully, die examine and in
vestigate the petition presented, as
set out, and that one-third of the reg
istered voters of the city of Raleigh,
who were registered for the preceding
municipal election. had not presented
petition asking for an election as re-
quired by section Z. of chapter 233 of
the laws of 1903, and for this reason,
acting lawfully, an election was re-
fused. 1t is alleged upon information
and belief that the petition did not
contain one-third of the names as re-
CURED and was not therefore suffi-
Gent.
The defendants, therefore, demand
that the writ of mandamus be refused
that the case be dismissed and that
he costs be recovered.