The Skyland post. [volume] (West Jefferson, N.C.) 193?-1988, 1937-07-29
Writ of Mandanus
North Carolina
Ashe County

| er, Henry OeVeII, w. "A. OeVefC,
Charlie Welch, L. M. Sturgill, J.
N. Stansberry VS..
J.F. Scott, R. B. Brown and ]. E.
Oliver, Commissioners of Ashe
County, in Their Official Capacity.
This cause coming on to be heard
before his Honor, w. F. Harding,
! Judge holding the courts of the
Eleventh Judicial District and be-
ing heard by consent at Charlotte,
N. c., on the 3rd day Of July, 1887,
upon the petition of the petitioners,
the answer of the respondents, evil
dence, affidavits, offered by both
petitioners and respondents, and ar
guments of Counsel for Petitioners
and Respondents,
The Court finds the following
facts:
I That the petitioners are resi-
10 dents, citizens, and tax payers
of the County of Ashe, whose names
appear upon the tax returns of Ashe
County for the years 1885 and 1886
as having paid their taxes for said
years.
. That the respondents are the
80 present Board of Commission
ers of Ashe County and were on the
first Monday in March 1887.
. That Section 1912 of the Con-
O' solidated Statutes of North
Carolina as amended by the acts OF
the General Assembly of North Car
DINA of the Session 1887, requires
the Board of Commissioners of Ashe
County to revise the jury list for
said County on the first Monday in
March 1887 and every two years
thereafter.
4 That the Board of County Com
no missioners for Ashe County be-
ing the respondents to this action, met
on the first Monday in March 1887
That at said meeting the said Board
of Commissioners requested the
Clerk to their Board to place before
them a list of those who had paid
their taxes for the year 1885, and
the said Clerk did place before them
a list of names of persons who had
paid their taxes for the year 1885,
and from said list the County Com
missioners selected 691 names of
representative citizens of Ashe
County from the various townships
of said county. That the tax returns
for 1885 were not placed before the
said Commissioners on said date, nor
were the tax returns for 1886, and
the list above referred to was Sc
lected by the said Clerk prior to
said meeting of the County Com
missioners on the first Monday in
1885. That the respondents at their
regular meeting on the first Monday
in March 1887 began to revise the
jury list for Ashe County, but did
not complete said revision and met
again on the 18th day Of March,
1887, for the purpose of completing
said revision, and said Board re-
manned in session the 18th and 10th
days of March until around 9 o'clock
P. NJ on the 18th day of March 1887.
That some time prior to the first
Monday in March, 1887, the respon-
dents requested L. P. Coward, Reg
lister of Deeds of Ashe County and
Clerk of the Board of County Com
missioners, for said County, to go
over the tax returns for the County
of Ashe for the year 1885 and pre-
pare a list from his tax books of
substantial tax papers in each town.
ship known to be men of good char
acter and fair and impartial insofar
as he, the said Register of Deeds and
Board Clerk, knew. That at the
meeting of said Board of Commits
sioners on the first Monday in
March 1887, the respondents re-
quested said L. P. Coward, the Clerk
to said Board of Commissioners to
place before them list of those
who had paid their taxes for the
year 1885, which list their said
Clerk L. P. Coward, did place be-
fore them. From said list the re-
spondents selected the names of
those whom they in good faith con-
sidered to be fair and representa-
tive citizens from the various town.
ships in said County, which names
were placed in the Jury box to be
the jury list for Ashe County. That
L. P. Coward, when he was select
ing the list above referred to, re-
quested w. B. Austin to give him
some information about tax payers
and citizens of Peak Creek Town
ship in which Mr.. Austin was rails
ed. That in carrying out the instruc-
tions of the respondents, the said L.