The Skyland post. [volume] (West Jefferson, N.C.) 193?-1988, 1937-07-29
Conclusions of Law

M ASA"
Upon the foregoing findings of
fact, the undersigned Judge makes
the following conclusions of law.
l. That the proceedings by man.
damus is the only adequate remedy
afforded by law whereunder the re-
lief sought by the petitioners herein
may be had./
2. That the relief prayed for by
the petitioners is not a money de-
mand, but demand that the re-
spondents, the Board of County
Commissioners of Ashe County, re-
wise the permanent jury list for said
county in the manner required by
law; that the revision of the jury
list is a duty preemptory in its ma
ture, imposed by Statute, explicit in
its terms, and is enjoined upon and
to be performed by the respondents
as mandatory duty of their office.
3. That the petitioners in filing
this petition have duly complied
with Section 866, 867, and 500 of the
Consolidated Statutes of North
Carolina.
4. That since there were some
$500 taxpayers upon the tax re-
turn for 1885 at the time of the re-
vision of the jury list for Ashe
County and who were not consider
ed at all by the respondents as to
their eligibility for jury service in
revising the jury list, that this omis-
sion on the part of the respondents
constitutes a gross noncompliance
with Section 1912 of the CONSOLIDATE
ed Statutes of North Carolina which
provides that in revising the perma-
nent Jury list, the respondents shall
select from the tax returns for the
preceding years the names of all
those who have paid their taxes for
the preceding year and are of good
moral character and sufficient in
telligence. That it was the duty of
the respondents to pass upon the
qualifications for jury service of the
$500 persons aforementioned and
upon whom they did not so pass or
consider.
5. That in directing and entrust-
ing L. P. Coward, the Register of
Deeds of Ashe County and Clerk for
the respondents, to prepare for them
list from among those who had
paid their taxes for the year 1885
and who in the opinion of the said
L. P. Coward were representative
citizens of their townships and of
sufficient intelligence and moral
character to act as jurors and
properly apportioned throughout
the various townships Of the County,
according to population, and the re-
spondents having taken almost
wholly from the list the permanent
jury list for the County of Ashe,
they, the respondents, delegated to
the said l.. P. Coward a judicial and
discretionary duty which they alone
could perform and which they were
without authority of law to dele
gate. That such practice on the
part of the respondents amounts to
the doing of an act that they had no
authority to do, and was not a mere
irregularity, but an unauthorized act
which vitiates the jury list compiled
by the respondents in this manner.
That the method employed by the
respondents in revising the jury list
for Ashe County could easily make
possible the practice of fraud, and
the exercise of partiality and I'M
fairness in the revision of the jury
list and is a practice to be con-
demned.
1T IS THEREFORE CONSIDER
ED, ORDERED, AND ADJUDGED
that the respondents, the Board of
County Commissioners of Ashe
County, as such Board be and are
hereby directed to proceed, after
due notice thereof published in the
Skyland Post for at least five days
before said meeting, to meet at the
courthouse in their office and pro-
coed to revise the jury list for the
County of Ashe in the manner re-
quired by law, and to place on said
list the names of all persons who are
of sufficient intelligence and of good
moral character.
THAT THE RESPONDENTS ARE
DIRECTED to make and
file with the Register of Deeds for
Ashe County permanent and duly
certified list of the jurors so selected
and to cause same to be copied in
some book, not of loose leaves, for
the inspection of the public and Of
ficials of said county.
1T IS FURTHER ORDERED AND
a n TTTnCEn 4Loo4 1.ocroaIoIo,o%c