The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-08-28
HEARING
Before Judge Webb at
SmithfieId Sept. 10.
petitioners VIII Demand hat a Writ
Of Mandamus BE Issued To
tie Board af Aldcr-
men.

Col J. 9. l. Harris and Judge "
:. Montgomery, representing KeN. =
". Belts AMI other petitioners for an
election 10 establish prohibition in Raj
.eigh, Viii appear before Judge j. l.
Webb. at Smithheld. ScptenDe- lOtA.
and demand judgment that ! writ II
mandamCs he issued 10 the Board Of
Aldermen OF Raleigh commanding
and ordering an election in accord
Iance with the prayer OF the petition
Iers m the statutory lax If the
state.
Considerable interest is attached 70
the matter. as there Is difference OF
Iopinion as 10 the legal questions in
VOWED. and many II the best lawyers
III the city agree with the opinion IF
city Attorney w. r. SNOW, who ad-
viSed against the granting OF the petI-
tion for an election.
The plaintiffs in the action are Rev.
:. j. Belts ana the other petitioners,
and the defendants are Mayor James
J. Johnson and the Board OF Alder
men. The plaintiffs complaining Of
the defendants allege: "Ihu on Tire
fourteenth day Of June, 1906. = pc
tition duly signed by -four hundred and
s~ixty-four registered voters OF the city
Of Raleigh in the State of North Car
Dina who We're registered for the pre-
ceding municipal election III said city
(the election Of May, 1850, including
the said :. j. Belts the same being
more in number Than one-third of the
registered voters in said city. was pre-
scented to the Eoard of Aldermen of
the said city Of Raleigh for the pur-
pose of obtaining an order Of the q Ii
Board for an election To be held III
said city to determine whether prohi-
bition should be established in Raj
eigh."
1t is further alleged that at the
meeting OF the Board the petition was
referred to a committee to be eX-
Iamined and report their finding to an
adjourned meeting of the Board. and
that the committee made its report. 1t
was found that on September I, 1905,
there We're 1902 registered and quail
fed voters on the registration books
of Raleigh, and that 1872 We're neces-
Stry to sign a petition to call an cleo
ton on the liquor question, but that
since September, 1906, twenty of those
whose names appear on the registra-
|tipn books have died, and there as
been no registration since, which
would leave now on the regiStr. Lon
books 1892 names and of this NUMBER
AS are necessary to call an election.
|The following is quoted from the COM
mittee's report: find that the pc
tition contain AGA names who are reg
istered and of this number all who
are liable nave paid their poll tax for
the year 1905, u required by law
The complaint alleges that upon the
adoption Of the report the Board of
Aldermen "voted against the said mo-
ton, and unlaWfully refused and de-
Clined upon the requeSt Of said petit
toners TO order an election for the
purpose prayed for in the petition and
still refuse to order the same.
The petitioners demand judgment:
s.IvErGt FE'Ioot q wi OF - I'D ~ In
issued to the said Board Of Aldermen
of the city of Raleigh commanding
and ordering h a they order an cleo
ton in accordance with the prayer Of
the petitioners and the statutory law
of the State, Chapter 233 Of the Pub
lie Laws of 1903, now ReVisal Of 1875
of North Carolina, Chapter ~.
Second. For other and further re-
lief to which the plaintiffs may be
entitled and for their costs"