OFFICE OF
BOARD OF COMMISSIONERS
NEW HANOVER COUNTY
WILMINGTON, N.C.

December 15, 1916.

Mr. B. S. Royster,
Acting Adjutant General,
Raleigh, N.C.

Dear Sir:-

I am in receipt of your letter of the 12th inst., asking that you "be informed at once as to action taken with reference to paying pay-rolls of Coast Artillery Corps for services rendered New Hanover County during the strike in July, 1916."

We have been advised by Mr. Graham Kenan, who was our former county attorney, also by Messrs. Bellamy & Bellamy, our present legal advisers, and also by ex-Judge George Rountree, of this city, that the County is not liable for the indebtedness incident to bringing the State Troops to our city for the purpose of quelling a riot which was beyond the control of local authorities.

It was decided in the case of Worth vs. Commissioners, 118 N.C., page 112, that it was a state matter and not a county matter, and that the State should bear and pay the expenses. In this connection, it might be well to call your attention to sections 3245, 3246 and 3247 of the Code of 1883, which was the law in existence in our State at the time the above case was decided. Sections 3245 and 3246 have been repealed; and section 3247 is verbatim the same as section 4857 of the Revisal, the law of our State at the present time. In other words, the Supreme Court, having decided that the State should pay in Worth vs. Commissioners, which was tried when section 3247 of the old Code was the law of our State, and this case having never been overruled, and in view of the fact that section 4857 of the Revisal, which is word for word the same as section 3247 of the Code of 1883, we fail to see how the State authorities can overlook this decision as set out in Worth vs. Commissioners, and say that the County should pay the expenses incident to bringing and having the troops here. If you will examine the case of Worth vs. Commissioners and the sections hereinbefore referred to, I feel sure that you will reach the conclusion that, under the present law of our State, the officials of our county have no authority to pay these bills, and that the State should settle same.

The burden of finding out whether the State or County is liable for the payment of these debts should not fall on the troops, or any other parties entitled to a settlement; and, in my opinion, the State should pay all bills and then sue our County, if, in the opinion of the State officials, there is any question as to the State's liability.

In our opinion, and according to the opinion of our legal advisers, this point was settled in the decision rendered by our Supreme Court in the case of Worth vs. Commissioners; and, as section 4857 of the Revisal is the same as section 3247 of the Code of 1883, which means that the law of our State, at the present time, is the same as when Worth vs. Commissioners was decided; and this case never having been overruled, the State of North Carolina should certainly promptly pay the expenses incident to bringing troops to our city to suppress a riot which was boyond the control of local authorities.

I will appreciate it greatly if you will advise me why you have, in the face of the decision rendered in Worth vs. Commissioners, reached the conclusion that our County is liable for the payment of these items. Have you, or the State officials, any reason to believe that our Supreme Court would overrule Worth vs. Commissioners and render a different decision now. The statute of our State is exactly the same now as when said case was decided.

Yours very truly,

W. H. McGirt
Chairman.

N.B.

You will find that Section 4857 chapter 47 Public Law 1913 is the same verbatim as section 4857 of the Revisal.

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