Hertford Couivty HeraLd 1
THE LARG&ST WEEKLY NEWSPAPER PRINTED IN EASTERN NORTH CAROLINA,
VOL. 8 AHOSKIE, N. C., NOVEMBER 23. 1917. . ? NO. 45
^ 1 ~
CHIEF JUSTICE CURK'S 0PII8I
/
Opinion Written by Chief i
Justice Walter Clark in the
Ahoakie Graded School
Controversy.
Xhe opinion by Chief Justice Clark
is as follows:
This la not a quo warranto to try
the title to office but an injunction
which waa temporarily granted, to
strain Intruders from exercising cer
tain dutiea when upon unquestioned
facta they were acting without au
thority. '
The Ahoskie school district had
six trustees. On May 7, 1917, an
election waa had for three members
of-the said Board. The incumbents
candidates for re-ttleraffi, were de
feated and three new members elec
ted. The regular day* for the ses
sion of the Board at which the new ?
members should have appeared to (
take their seats was the first Tues- ,
day in June following 1. June 5. j
But three of the old board, C. G. ,
Powell, J. A. Williams, and M. D. ,
Gatling (the last two of whom had |
bean defeated of re-election) met in ,
session on May 21, without notice
to the newly elected trustee, and
assuming themselves to be the ,
board and without notice to him de
clared vacant the place of one of ;
the absent members (A. E. Garrett) ,
and assumed to elect in his place (
one A. B. Cowan and then agatn on ,
May 25 they met with Cowan pres
ent and declared vacant the place of
another absentee, L. T. Sumner, and
elected to fill the saftie J. R. Garret
and subsequently upon the resigna
tion of A. B. Cowan they elected M:
D, Gatling (who had been defeated ,
at the election) in his place. On
the first Tuesday in June, Powell
(one of the three) J. R. Garrett and
A. B. Cowan both of whom had
been elected as above set out with
out authoritv, met with said Gat
ling and declared the office of W.
L. Curtis, one of the newly elected
members, vacant because he had
not qualified and appointed J. A.
Williams (who had also been de
feated at the election) in his place
and then invited the other two new
ly elected members to sit with them
which was declined.
This was an injunction brought
by P. H. Mitchell and . W. W. Rog
ers, two of the new members elect
ed on 7th of May, asking an injunc
tion against C. G. Powell, one of
the old members, and his three as
sociates, who had all been illegally
chosen in the ingenious manner just
narrated, aa intruders, from Jaking
possession of the school building and
property and interfering <with the
management of the school.
A temporary restraining: order
was granted by Kerr J. 28th July,
1917, returnable before Wheedbee
J, 14 August 1917 when it was dis
solved and the plaintiffs appealed.
It is apparent from this summary
that the defendants were usurpers
and should have been restrained un
til there was a legal meeting of a
majority of the board.
The defendants' right to exercise
any authority depended entirely
upon the validity of that meeting'
on 21st of May. That meeting was
an absolute nullity because, in the
best view for the defendants there
were only three members present
which is not a majority of six. Cot
ton Mills v. Commrs. 108 N. C. 678
Rev. 2831 (2); and furthermore it
. was not held at their regular time,
the rfrst Tuesday in June, Moore vs
Commrs. 113-N. C. 128. The ac
tion in declaring the seat of one of
the absent members vacant and at
tempting to All it was a nullity for
three members out of six had no
authority to take this or bny other
action, and consequently the subse
quent meeting of these three men
with the substitute chosen by them
on 21st of May, and all their subse
quent conduct which reinstated two
of the verxjnen the people had put
out is invalid because it is all baaed
upon the meeting of the 2lst of
May which was itself a nullity. 1
We do not know and it is irama
s terial. what was the issue at the
election on May 6th. , But we do
know that f^ree members of the old
toard were defeated for re-election
ind that three new members were
fccted in their stead, and yet two
if the men d efeated by the people
cept the new members out until
;hey reinstated themselves. '
Under a government that reAs
ipon the consent of the governed,
.he voice of the people whe ther in
i school district or a township or a
State or nation, legally expressed,
ihould goven. It matters not that
Jiis is only a school" district. The
methods herein attempted to set
iside the duly expressed will of the
people in this school district if at
tempted on a larger scale wouki
lerious consequence.
Of the three men who met on the
21st of May only one had a legal ti
tle to the office for the other two
were violating the Conptution Art.
XIV Sec. 7 by holdirtg at the same
time other offices, and besides ' had
>een defeated of re-election. But
if it be conceded, that they were all
three prima facie trustees of the
school on May 21, they were not a
majority of si* and their conduct in
vacating the office of 'an absent
member and electing a substitute
was without color of authority and
ail subsequent action is vitiated
thereby. Water cannot rise above
its source and as the meeting on
21st of May was invalid no subse
quent action dating back to that
meeting has any validiiy.
The courts should give no coun
tenance to such disregard of the
public will and to the conduct thus
resorted to to set it aside.
The court should have continued
the injunction and should have is
sued a mandatory injunction that
the two newly elected members of
the board (the other one of them
not Jiaving^ccepted) and Powell,
who was the only one of the old
board, not defeated, and who alone
was not holding another office in
violation of the Constitution, should
meet and organize. As there were
then only three legal members of
the board (two of the plaintiffs and
Powell) they would have been the
entire board and these three could
have legally filled vacancies till next
election.
The argument of defendants ap
pealing to technicalities based upon
this being a qu warranto is simply
the traditional red harring drawn
across the trail to divert attention
from the real issue. We were told
in fhe argument by counsel on both
sides that a quo warranto is pend
ing in the court below to decide
the ttle, and pending such decision
the court should have continued the
injunction with a mandatory order
for the three valid members, as
above stated, to hold a meeting and
conduct the school pntil the quo
warranto is decided. Tise v. Whit
aker 144 N. C. 507.
Nothing is more to be reprehend
ed than conduct designed to set
aside and thwart the public will
whether this is donewby force, -by
fraud, or by finesse. A loyal ob
servance of the declaration of the
people at th% ballot box is the first
duty of every citizen under our
form of government.
(Paid advertisement)
Executor's Notice -
Having qualified as ? executors of
the <istate of George T, Darden,
deceased, late of, Hertford County,
.North Carolina, this is to notify all
.persons holding claims against said
estate to present same to lis, duly
verified according to law, on or be
fore the 17th day of November,
1918, or this notice will be pMaded
in bar of their'recovery. All per
sona indebted to said estate will
please make immediate payment to
ijs or either of us.
This November 17, 1917.
Ralph Darden, Elkins. W. Va.
Uriah Vaughan, Murfreesboro, N C.
Winborne & Winborne, attorneys.
Whsi is l!AX-FOS
tJ?rt-FuS U A* MPMVED CASCARA
A *ypoMWr T.uiui'l Lukatfre* Cathartic
vr l,i.' ? Ct Vii.'C
Ull: t <t, : V: -?> H- ct< Black
Ro.It. 7.: a' ? Apfii ? 2V,'??"'nr.* J^fuvo^p.nd
-<i *? ? v' '* *W^5k wittt pc'o
iai.4 4rt?s?S#taob.^ ->w*-r'i gripe. fjo
* ,K^V*\flVhV
IKE PRESS AND THE
TREASURY..
(fiHiritj lirtii Trutiri 6ffirtn(fl,)
Since.the United States entered
the war thousands of patriotic
Americans have volunteered their
?services to the Government. Some
volunteered their services to the
Army, some in the Navy, and some
in various civil employments. In
addition, many in . the two Liberty
Loan campaigns and in other great
national measures have devoted and
are devoting all or part of their
time at a nominal compensation, to
the service of thejr country.
If ever a list is made of these
American citizens who have volun
teeied their services to their coun
try at war it will be found that no
calling, profession, or business can
sho\y a higher percentage (if any
can be shown so high) as that of
the press of the Nation. The jarge
city dailies, with their tremendous
circulations, and the small local
weeklies that penetrate the humblest
homes of the dwellers in villages
and on farms alike have devoted
their talents, energies, and space
to their Government.
The loyal foreign-language pa
pers have been as generously pa
triotic as the others ahd have preach
ed Americanism and duty in thirty
aix different languages.'
In the Second Liberty Loan crfVn-.
paign, as in the First, the newspa
pers of the country have shown their
unselfish patriotism, and the splen
did results in each campaign are in
a great measure evidence of their
power and .influence.
Many millions of American news
paper readers are now bondholders
of their Government, a great num
ber made so through pie influence
of the newspapers they read. They
are interested as never before, and
in a more direct, personal way, in
govermental matters, $nd especially
in the finances of tbeirjgovernment.
Ahoskie Baptist Church.
I
Saturday, November 24th will be
the regular Conference day for the
Ahoskie Baptist church and it is ve
ry .important that a definite under
standing be reached as to whether
the church shall call a man for all
his time oi that the field remain as
it now is. We feel that a majority
of the church membersnip should
act upon this matter as well pa to
set some definite amount to be paid
a pastor. Until these matters are
passed upon your committee cannot
act further in seauring a pastor,
This is a matter in which the sisters
of the church should and we believe
are very much interested, and we
earnestly request their presence at
?he conference next Saturday as
well as all the brethren. Brethren
please arrange your business so as
to attend this conference, as it is
very important that you be present.
C. G. Powell,
C. C. Hoggrard, .
W. H. Miller,
Pulpit Committee.
Red Cross Work at Union,
The ladies of Union invited Mrs.
fhomas B. Wynn, Chairman of the
County Red Cross Chapter, to come
to Union Saturday afternoon, Nov.
17, to organize a bianch of the Red
Cross. Mrs. Wynn being unable to
go, she asked Mrs. John E. Vann,
Chairman of. the Winton Auxiliary,
to go in her place. I .
After Mrs. Vann had explained
the Red Cross work, the Union
Branch was ^organized with the fol
lowing officei1*- Mrs. Annie Sears,
Chairman; Mrt. Effie Darden, Vice
Chairman; Mrs. Arthur Miller. Sec.;
Mrs. J. Claxtori Brett, Treasurer;
Soliciting Committee, Mrs. Archi<
Brown and Miss Mae Taylor; Mem
bership Committee, Mrs. Herbert
Brown and Mrs. W. J. Vaughap.
We bespeak for the Union brand
a splendid work. They v have a!
ready ordered the patterns and ma
terlal to begin work. Each womar
present seemed enthusiastic anc
anxious to get to work: Seventeei
members were enrolled Saturday
afternoon.- Reported.
WINTOK JfAVELEnS
The first rally of the Y. M. C? A.
War Fond was held in {he Baptist
Church here Sunday nifrht with He
ber Vann, Chairman of the Y. M.
C. A. work in Hertford 1'ounty, in
charge. The congregation was very
much disappointed when it was
learned that there would not be an
enlisted man to speak. The com
mittee did its best to secure a roan
in the uniform to come. However
appropriate remarks were made by
W. D. Boone, Chairman of the Win
ton township, Prof. N. W. Britton,
and Jno. E. Vann. No ^collection
was taken and no, pledges asked for
as the financial part will be'worked
by the local committee in each
township.
The Y. W. A. of the Baptist ?
church had a most interesting meet
ing with Miss Royster Friday night,
Nov. 16. The subject was the
work of the Y. W. C. A. Splendid
papers were read by the girls on
what the Y. W. C. A. is doing for
the city girl, the country girl, the
immigrant, the student, and the
war relief fund. Miss Royster gave
a glorious account of ? Y. W. C. A.
Conference she attened last summer
at Ridgecrest. Miss Kate Taylor
played a pretty piano selection and
Miss Hmily Clark sang A've Maris*
which was very much enjoyed. The
Y. W. A. sent $10 for State Mis
sions. The next meeting will be
with Miss Emily Clark.
The work of the Red Cross is
growing in interest each week.
Goods are being ordered by the bolt.
The yarn has come and was all giv
en out at the first meeting after it
came and members were begging
for more. Another^ shipment is ex
pected in a shor t time. The war is
coming so close to many that the
women even in. small communities
feel that they must do all in their
power to help relieve *nd?comfort
the suffering.
There was a' most enthusiastic
meeting of the Red Cross Chapter
of Hertford County at Murfreesbo
ro Wednesday afternoon. No*. 14.
Despite the cold and rain, - there
was a good attendance, three town
ships beinfc well represented. Re
ports full of interest and informa
tion were made by Mrs. Jno. E.
Vann and Mrs. Thomas Wynn of
the' Red Cross meeting in Raleigh.
Reports were also made by the sec
retaries of the t different branches.
The only discouraging feature' of
the meeting was the resignation "of
the County Chairman. Mrs. Wynn.
It will be difficult to find one to take
her place, for she to so enthusiastic
and capable. She will serve until
after the next meeting which will
be held in Winton Wednesday, Jan.
9, 1918 at 2 o'clock. '
Mrs. W. J. Rhodes and son, Row
land, of WashinKton, are spending
a month with Mrs. Rhodes daugh
ter. Mrs. W. M. Eley.
Misses fna Mitchcll and Helene
Northcott, and Messrs. J. R; and
W. Mills Jordan spent Tuesday
night and Wednesday in Norfolk.
Prof. N. W. Brkton, Misses Es
ther Royster, -Susie Shaw, Eva Wat
ford and Bert Matthews attended
the teachers meeting in Ahoskie last
Friday.
Mr. C. S. Vann, of Ed en ton, was
in town one dajF the past week.
"The Obstruction'' Comes Down.
? ... .'J.. .iu 1
The wire fence that has enclosed
the eontested^trip of land beBide
the Coast Line Railroad at, Afemkie
was removed from its posts, and the
post taken up on monday. This
land has been enclosed for two
years and more during which time
. It has developed a good harvest of
, weeds. This land is now op?n for
. the use of the public, and no doubt
t the weeds will qoon be trampled
under foot of man and beast in the
, free enjoyment of an easement
granted by the Superior Court of
, Hertford County.
! The QuMm That Don Not MfKt tt? Hud
1 Becinie of U* tonic and l??llv* rffeet. LAX A
TIVK BROM0 QUIN1NK l? b?U? thMi or<lln?n
i 0 iiilB* >n? not c?nn n<"vou-nr?? noi
rtnjrtnr In hud. RmMnber th? lull ti?me ?rnl
look lot the ?ixnstur* ul K. W. OROVB. JOc
The Bank oi Wiotool
(Uinton, 11. Z. 1
Why We are Thankful An- I
s we red by the Folio wing Com- |
; parative Statement: |
November 20th, 1913
November 20th, 1914
November 20th, 1915
i
November 20th, 1916
November 20th, 1917
?
$21,767.01
$36,626.26
$37,179.60
$50,021,90
$113,744*$$
. $13,050.07
$19,972.14 ?
$25,350.73 ^ 1,1
$33,621,94
$**,383.49
I To Every One Of Our Patrons We Are ThanKful. i
This is the season of thanks, and if we have
m been of 1 service to you, tell others about it.
I HELP US MAKE T-HIS BANK the'strongly fortified, well I
intrenched, BIO BANK that our SERVICE WARRANTS.
/ ?
Four Per Cent Compounded Quarterly on
? . Time Deposits.
.' i "?
?. * i ?
t
Hertford County's Treasurer.
? i ?-*#M ??><??> <?t >^<>??) ???> O ? ) qgC < **<( ?**/ #?**
Are Arriving Every Day.
This Store Began Early to Provide PRACTICAL GIFTS for its Customers,/ !
and we are Strongly Fortified in This Line.
SPECIAL ATTENTION was given to the selection of Useful Gifts for
any member of the family?GIVE SOMETHING THAT IS USEFUL.
o ! >
5 ??
Christmas js NEARBY, but the'time for se-t ^
lectin^ the choice gift is HERE AT' HAND.
.. ; ' .. i
We are also headquarters for the best Hot
and Cold Drinks in town all the time.
? _ _ _ _ ..... .
- _
Hurry along to
? ' . ^ ;
jl Z. U. Bellamy - - ? Ahoskie, n. c|
? %y*M***v*wrrrrrrwrrrrrrrrrri?rrrrn?* -*? ?