The independent. [volume] (Elizabeth City, N.C.) 1908-1936, 1921-03-11
Mr.. AYDLETT ASKED TO
APPEAR AND SHOW CAUSE
City Attorney Himself Resigns and Says Mr.. Ayd-
lett's Seat on School Board Should
Also Be Declared Vacant

time Chairman OF the Board o.
Graded School Trustees of Eliz-
abeth City has been notified tc
appear before the Board of Al
dermen of Elizabeth City anc
show cause why he should not
yacate the latter office. This ac-
ton was taken by the Board ol
Aldermen at special meeting
Wednesday evening. At their
regular meeting Monday evening
the Aldermen asked the City At
tornev w. L. Cohoon for an op-
inion as to the eligibility of Mr..
Aydlett to remain on the schoc
board. The Aldermen at the
same time asked Mr.. Cohoon i
he himself was not holding two
Offices contrary to law. City At
torney Cohoon promptly disposed
OF his own case by rendering his
resignation as City Attorney and
gave the Aldermen his opinion
that Mr.. Aydlett is holding office
on the Board of Graded School
Trustees contrary to law. Mr.
Cohoon's opinion follows:
TO THE HONORABLE BOARD OF
ALDERMEN IN AND FOR THE
TOWN OF ELIZABETH CITY,
N. C.
REPORT:
Your Honorable Board having re-
ferred for my consideration and opinion
as TO whether Mr.. e. F. AydIett vacated
the Office of Trustee of the Elizabeth
City Graded School, when he accepted
and qualified as US. District Attorney,
also whether | am qualified to serve as
Town Attorney, while acting as mem=.
ber of the Board of Trustees of the
CoIored Normal School, I beg to submit
as follows:
FIRST: In my opinion, Trustee of
a Graded School is an Office, notwifh-
standing the fact that the Legislature,
in creating the Board of Trustees, said
that Trustee was not an Office. We
cannot amend the constitution of North
Carolina by an act of the Legislature.
The constitution can be amended only
after the qualified voters of the State
have had. the opportunity to vote upon
such an amendment. The Supreme
Court of North Carolina held in the
case of Midget against Grey, I59th
North Carolina Report, page No. AS,
that d school committeeman is an Office
ana later in the I75th North Carolina
Report, page No. $40, the Supreme
Court of North Carolina held as fol-
lows:
The acceptance of an Office by an
Individual Vacates his previous Office in
the second one."
So, if the position of Trustee of the
Graded School is an office, the accept
ance of U. S. District Attorneyship will
Vacate 60 Instant the position of Trus-
fee and my opinion is that the Trustee
ship held by MIR. AydIett, prior to the
acceptance of U. S. District Attorney |
ship. under the law, is vacant and has |
been since he qualified as U. S. District |
Attorney.
SECOND: AS to my status, ! simpIi- |
fy it by herewith rendering my resigna-
ton as City Attorney. The matter had |
not been called to my attention. If so,
would have resigned as Trustee of |
The Colored Normal School when ] ac-
eepted the position of City Attorney.
NOV that it is brought clearly to my at
tentIon, find it is my duty to myself
and your Honorable Board, to resign,
my opinion being based upon the deci-
sion of our Supreme Court, as laid
GOWN, BarnhiII VS.. Thompson, f22nd
North Carolina Report, page No. 90;
MIdgett VS.. Grey, I59th North Carolina
report, page No. 445; State VS.. Wood,
10th North Carolina Report, page No.
800.
Respectfully submitted,
w. L. COHOON,
City Attorney.
Mr. Aydlett is Uaut of the city and
probably will not find it convenient to
tme next week
HE Aldermen probably were moved II
~ their action in this case by the edit
'0fia III last weeks issue of this news
paper, This newspaper contended that
-aI' -iydIctt holds Office on the Board
VI "raded School Trustees contrary to
law and that his Office should be de-
0aF'a vacant. Authority to declare the
'il''' vacant and appoint a successor
% Alr. Aydlett is in the Board of AL
1ermcn.
VIII Mr.. Aydlett fight for his position
ne School Board. If he does, he .
p-''eS ~ himself in an embarrassing posi-
1'H because Mr.. Ayd1ett himself has
ended that a school committeeman
an officer in contemplation of the d,
~ spln' itutional provision that no one :
- .l'l hold two Offices in this state. In
fn fne famous case of Midgetf VS.. Gray,
- o"i Manteo, Mr.. Aydlett was attorney
in ~ the plaintiff Midget and the issue t
Io.t .'''ed this very question. Mr.. Ayd- Q
oo. 'ohtended in that case that school 1
Hiltteeman was an officer within IT,. t