The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-28
THE STATUTE SHOULD BE con-
STRUED FOR THE ENLIGHT-
EMINENT OF ALL GOV
ERNING BODIES.

Aldermen pressed before Judge JUS
tice certain contention as to the con-
struction of the Watts act and said
that there was nothing else before
him. In this we think they did not
voice the real feeling of the members
of the Board of Aldermen. The ma
jority of the board desires to have a
judicial construction of the act regu-
lating the calling of an election. They
are much more interested in getting
the statute construed than in being
confirmed in the position they took,
They think they are legally right.
They have no doubt that their posi-
ton is just. But they have no pride
of opinion and all along their only de-
sire has been to secure a construction
of the statute. 1t seems, according to
some lawyers, that in the admissions
yesterday before Judge Justice he was
not asked to conStrue the statute III
the interest of getting at the real
meaning for the guidance of the gov
erning body of the city of Raleigh and
nically to decide whether City Attor-
ney Shows advice to the Board of AL
dermen or the action of the majority
of the Board of Aldermen was right.
This was not what the public wish,
They do not care a rap whether Mr..
tie was right. Here is what the at
torneys for the city of Raleigh, in
substance ought to have said, after
presenting their argument and au-
thorities in support of the position of
the majority of the Board Of Alder
men:
"But, may ii please your honor,
while we have presented argument and
authorities to sustain the action Oh the
majority of the Board OF Aldermen IN
refusing to call the election unless
One-third of the men qualified to vote
i'm the election petition for it, we do
not wish to confine this question to
anv limit that looks to sustaining the
action of the ma jOrity of the Board.
Those gentlemen performed their duty
as they saw il. Ii they are wrong,
they wish to have the statute judicial
IN construed. and we request the court
to make such construction OF the
statute as will guide the governing
body of this city and all other towns
and cities. who, because of varying
constructions by able lawyers, arc
necessarily in doubt IS to their duty.
Therefore. we pray the court to make
such construction of the statute as
will settle the doubts that exist as to
Its meaning"
LOTT
the attorneys for Raleigh to put their
case upon this broad basis. If, as
some suppose the agreements and adj
missions made yesterday by the at
torneys for the city and the attorneys
for the petitioners make it impossi-
BILE to present the naked question:
What does the statute mean? TO the
court. and the Supreme Court will be
shut IN to the two propositions ar
gued, the aldermen are in the attl-
tude of asking that they be sustained;
whereas. while believing they are
right, their real position Is that they
are desiring a judicial construction or
the statute so that they may be guild
ed by such construction. What the
Board of Aldermen want, what the
people of the State want, and what
they are entitled to have, is settle
ment of the question on its merits.
If the agreements and admissions
made Yesterday preclude such con-
struction and settlement, then the
matter ought to be re-opened and the
case go to the Supreme Court on the
broadcast plane so that every govern
ing body in the State may know now
to act legally when petition is pre-
sented for an election either for or
against saloons, or for or against d
dispensary.
There are three constructions of the
statute made by eminent lawyers:
l. That made by City Attorney
Snow that the registered list must be
purged and that then one-third of the
registered voters by petition can order
the election, whether they are quail
fed to vote in the election or not.
Acting under this advice the list was
purged, the Aldermen having the as
sistance of registrars who acted III
the municipal election.
=. That made by the majority of the
Board of Aldermen that if the registra
ton books should be re-opened or re-
vised for any purpose then they
should be opened for all purposes. and
no person be permitted to petition and
call an election who could not part-
cipate in an election when called.
3. That the peculiar wording of the
statute means this: that the only duty
of the Board of Aldermen is to count
the names on the registration books
and require petition containing one
third of these names to be presented
to order an election. The eminent
lawyers who make this construction,
(and they embrace several of the
greatest lawyers in North Carolina
who have given the matter careful