Eaton v. James Walker Memorial Hospital Board of Managers Appendix of Appellants

    APPENDIX OF APPELLANTS

IN THE
UNITED STATES COURT OF APPEALS 

for the Fourth Circuit

No. 7731

Hubert A. Eaton, Daniel C. Roane, and Samuel James Gray,
Appellants

vs.
Board of Managers of the James Walker Memorial Hos­
pital, a body corporate, Alan A. Marshall, Chairman, H. E. 
Hamilton, Secretary of the Board of Managers of the James 
Walker Memorial Hospital, the City of Wilmington, North 
Carolina, Dan D. Cameron, Mayor, and the County of New 
Hanover, North Carolina, Ralph T. Harton, Chairman of 
County Commissioners,

Appellees

Appeal from the United States District Court for the 
Eastern District of North Carolina, 

Wilmington Division

C o n r a d  O. P e a r s o n  
203^ E. Chapel Hill Street 
Durham, North Carolina
R o b e r t  R. B o n d  
612 Red Cross Street 
Wilmington, North Carolina

Counsel for Appellants.



INDEX TO APPENDIX
Pages

Complaint.......................................................................  1-10
Motion to Dismiss ....................................................  10-11

(Hospital)

Motion to Dismiss............................................  11-13
(City)

Motion to Dismiss.......................................................  13-14
(County)

Stipulations .................................................................  15-17

Affidavits .....................................................................  17-18
(City Mayor)

Memorandum of District Court ................................  18-30
Private Act of 1881 .....................................................  30-33
Private Act of 1901 ...................................................  33-38
Certified Copy of Will ................................................  38-41
Private Laws of 1907 ................................................. 41-42
Private-Local Laws of 1915.......................................  42-43
Public-Local and Private Laws of 1937 ..................  43-46

Public-Local and Private Laws of 1939 47-49
Session Laws 1951 .....................................................  49-52
Article XI, Section 7 N. C. Constitution.......................  52

Article 14A, Chapter 153, G.S. 1953, 153-176.1 176.3 53-54
Article II, Section 29, N. C. Constitution.................  54-55
Article VII, Section 7, N. C. Constitution...................  55

Deed (Vollmer) .........................................................  55-59
Deed (City) ................................................................. 59-63



APPENDIX

United States District Court 
Eastern District of North Carolina 

Wilmington Division

Hubert A. Eaton, Daniel C. Roane, and 
Samuel James Gray,

PLAINTIFFS
vs.

Board of Managers of the James Walker Memorial Hos­
pital, a body corporate, H. B. Hamilton, Secretary of the 
Board of Managers of the James Walker Memorial Hos­
pital, the City of Wilmington, North Carolina, and the 

County of New Hanover, North Carolina, 
DEFENDANTS

COMPLAINT

1 .

(a) The jurisdiction of the Court is invoked under Title 
28, United States Code, Section 1331, this being a suit 
which arises under the Constitution and laws of the 
United States, viz: The Fourteenth Amendment to said 
Constitution and sections 1981 and 1983 of Title 42 of 
the United States Code, wherein the matter in controversy



2

exceeds, exclusive of interest and the costs, the sum of 
$3,000.00.

(b) The jurisdiction of this Court is also invoked under 
Title 28, United States Code, Section 1343 (3), this being 
a suit authorized by law to be brought to redress the 
deprivation under color of law, statute, regulation, custom, 
and usage of the State, of rights, privileges, and immuni­
ties secured by the laws of the United States providing for 
equal rights of citizens of the United States and all other 
persons within the jurisdiction of the United States, viz, 
section 1981 of Title 42 of the United States Code.

2.

The plaintiffs further show that this is a proceeding for 
a Declaratory Judgment and Injunction under Title 28, 
United States Code, sections 2201 and 2202 for the pur­
pose of determining questions in actual controversy by the 
parties to wit:

(a) The question of whether the custom and practice 
of the defendants in denying, on account of race and color 
to plaintiffs and other qualified Negro physicians similarly 
situated the right to courtesy staff privileges, including the 
right to treat their patients when they are admitted to 
defendants hospital, the James Walker Memorial Hospital, 
Wilmington, North Carolina, is unconstitutional and void 
as being a violation to the Fourteenth Amendment to the 
Constitution of the United States.

3.

All parties to this action are residents and citizens of



3

North Carolina and of the United States.

4.

This is a class action authorized under Rule 23, of the 
rules of Civil Procedure for the District Courts of the 
United States. The rights herein involved are of common 
and general interest to the members of the class repre­
sented by the plaintiffs, namely Negro physicians of Wil­
mington, North Carolina and New Hanover County, North 
Carolina.

5 .

The plaintiff, Hubert A. Eaton is a Negro and a citizen 
of the United States and the State of North Carolina, and 
is now and has been a practicing physician in Wilmington, 
North Carolina for the past twelve (12) years, and has 
been a surgeon in said City for the past ten (10) years; 
that said plaintiff holds the following degrees: B.S. from 
Johnson C. Smith University, Charlotte, North Carolina; 
M.S. and M.D. from the University of Michigan, Ann 
Arbor, Michigan; that said plaintiff served one (1) year 
of internship at the K. B. Reynolds Hospital prior to be­
ginning practice in Wilmington, North Carolina. Said 
plaintiff is presently a member of the surgical and medical 
staff of the Community Hospital of Wilmington, North 
Carolina.

6.

The plaintiff, Daniel C. Roane is a Negro and citizen 
of the United States and the State of North Carolina and



4

is now and has been a practicing physician in Wilmington, 
North Carolina for the past eighteen (18) years. The said 
plaintiff holds the following degrees: B.S. and M.D. from 
Howard University, Washington, D. C.; said plaintiff 
served one (1) year of internship and one (1) year resi­
dency in internal medicine at Kansas City General Hos­
pital, Kansas City, Missouri. He also served residency in 
1938 at the Community Hospital, Wilmington, North Caro­
lina, New Hanover County, since that time he has been 
engaged in general practices of medicine and surgery in 
New Hanover County. Said plaintiff is presently chief of 
the Department of Obstetrics at the Community Hospital, 
Wilmington, North Carolina.

7.

The plaintiff, Samuel James Gray, is a Negro and a 
citizen of the United States and the State of North Caro­
lina and is now and has been a practicing physician and 
surgeon in Wilmington, North Carolina for the past six­
teen (16) years; that said plaintiff holds the following 
degrees: B.S. and M.D. from Howard University, Wash­
ington, D. C.; the said plaintiff served one (1) year in­
ternship (1937-1938) Lincoln Hospital, Durham, North 
Carolina and eighteen (18) months residency at the Com­
munity Hospital, Wilmington, North Carolina. Said plain­
tiff is presently a member of the surgical and medical staff 
of Community Hospital, Wilmington, North Carolina.

8.

The defendant, the Board of Managers of the James 
Walker Memorial Hospital, is a body Corporate under and 
by virtue of the laws of the State of North Carolina and



5

in act of the General Assembly ratified on the 23rd day of 
January, 1901, charged with the management and super­
vision of said hospital but is in fact subsidiary to an in­
strumentality of said City of Wilmington and County of 
New Hanover and is sued in its official capacity.

9.

H. E. Hamilton is the Secretary of the Board of Man­
agers of the James Walker Memorial Hospital, that he 
has overall control and management of the James Walker 
Memorial Hospital and is its chief administrative officer, 
and is sued in his official capacity.

10.

The defendant, City of Wilmington, North Carolina is 
a Municipal Corporation, located in New Hanover County, 
North Carolina, and it is engaged in the usual duties and 
activities pertaining to Municipal Corporations, and it has 
provided financial support for the said James Walker 
Memorial Hospital by granting said Hospital exemption 
from the payment of City taxes; that said City has for 
many years prior to 1951 made direct annual contributions 
from its treasury for the support, maintenance and opera­
tion of said Hospital and that since the year 1951, the said 
City has made per diem contribution to said Hospital in 
payment of services rendered certain residents of the City 
of Wilmington, North Carolina.

11.

The defendant, New Hanover County, is a body politic 
and corporate of the State of North Carolina and it is en­



6

gaged in the usual duties and activities pertaining to such 
bodies, and it has provided financial support for the James 
Walker Memorial Hospital by granting said Hospital 
exemption from the payment of County taxes; that said 
County has for many years prior to 1951, made direct 
annual contributions from its treasury for the support, 
maintenance and operation of the said hospital; and that 
since the year 1951, the said County has made per diem 
contributions to said hospital in payment of services ren­
dered certain residents of the County of New Hanover.

12.

That from time to time the said defendants, including 
defendant Hospital, have exercised the right of eminent 
domain and have received large grants of money from the 
Federal Government for expansion and maintenance of the 
said Hospital. That under the Will of the said James 
Walker, deceased, the said hospital originally was erected 
and built by him to be held and used by the defendants, 
City and County and their successors as a hospital for the 
treatment of the “sick and afflicted.”

13.

The defendants, New Hanover County and City of Wil­
mington purchased the original tract of land in the year 
1881, being all of Block 227 in the City of Wilmington 
upon which the late James Walker built or caused to be 
built, the original “James Walker Memorial Hospital,” see 
copy of said deed hereto attached and marked Exhibit No. 1 
and it is prayed that said deed be made a part of the com­
plaint as if fully set out herein.



7

14.

That on or about the 19th day of July, 1901, the de­
fendants, City of Wilmington and the County of Hanover, 
after having been authorized through the Board of Aider- 
men of the City of Wilmington and the County Commis­
sioners of the County of New Hanover, did by deed trans­
fer the land upon which was situated the James Walker 
Memorial Hospital to the Board of Managers of the James 
Walker Memorial Hospital in trust for the benefit of the 
said County and City aforesaid. A copy of the said in­
denture is hereto attached and marked Plaintiff’s Exhibit 
No. 2, and it is prayed that said deed be made a part of 
this complaint as if fully set out herein.

15.

That now and at the time complained of, the City of 
Wilmington and the County of Hanover were and are the 
owners in fact of the James Walker Memorial Hospital.

16.

In compliance and conformity with the procedure, rules 
and regulations set out and adopted by these defendants 
governing the granting of “courtesy staff privileges” in 
the James Walker Memorial Hospital, the plaintiffs and 
each of them on or before the 19th day of March, 1955, 
timely and properly presented applications to these de­
fendants for “courtesy staff privileges” in the James Walker 
Memorial Hospital with such records of past academic 
achievements, character and other materials as required; 
that plaintiffs are ready and willing to abide by all lawful



8

regulations of defendants; that despite plaintiffs admitted 
possession of all the necessary qualifications, these de­
fendants have denied and refused to grant the plaintiffs 
and each of them “courtesy staff privileges,” including the 
right to treat their patients when they are admitted to 
defendant hospital because of their race and color. While 
at the same time, granting “courtesy staff privileges” in 
the James Walker Memorial Hospital to white applicants 
with the same qualifications as those possessed by the 
plaintiffs.

17.

(a) That on or about the 30th day of January, 1956 
the plaintiffs appealed to the Board of County Commis­
sioners of New Hanover County requesting the County 
Board of Commissioners to direct the James Walker Memo­
rial Hospital to cease discriminating against them on ac­
count of color. The said County Board of Commissioners 
by letter dated March 3, 1956, a copy of which is hereto 
attached and asked to be made a part of this Complaint 
as if fully set out herein, refused to intervene.

(b) That on or about the 30th day of January, 1956 
the plaintiffs appealed to the Wilmington City Council re­
questing it to direct the James Walker Memorial Hospital 
to cease discriminating against them on account of color. 
The said Wilmington City Council by letter dated Febru­
ary 28, 1956, a copy of which is hereto attached and asked 
to be made a part of this complaint as if fully set out 
herein, refused to intervene.

By virtue of such wrongful action and illegal customs 
and usages on the part of the defendants and each of them,



9

the plaintiffs are damaged and have no adequate remedy 
at law.

W HEREFORE, plaintiffs respectfully pray the court:

(1) That the court adjudge and decree and declare the 
rights and legal relations of the parties to the subject mat­
ter herein controverted in order that such declaration shall 
have the force and effect of the final judgment and decree.

(2) That this court should order a judgment or decree 
declaring that the policy, and usage of the defendants in 
refusing to grant “courtesy staff privileges” to the plain­
tiffs and other qualified Negroes to the James Walker 
Memorial Hospital solely on account of their race and 
color is unconstitutional and violative of the Fourteenth 
Amendment to the United States Constitution.

(3) That this court issue a permanent injunction forever 
restraining and enforcing the defendants and each of them 
in denying to the plaintiffs possessing the qualifications of 
“courtesy staff privileges” in the James Walker Memorial 
Hospital solely because of color.

(4) That this court will allow the plaintiffs their costs 
herein and such further and other additional or alternative 
relief as may appear to the court to be just and equitable 
in the premises.

[Attorneys Names Omitted]

* * *

Hubert A. Eaton, Daniel C. Roane, and Samuel James 
Gray, who being duly sworn depose and say: That they



10

are the plaintiffs in the foregoing action, that they have 
read the complaint herein; that the same is true of their 
own knowledge, except those matters and things stated 
upon information and belief, and as to those they believe 
it to be true.

^  ^  )}c

[Notary & Names Omitted]

[Caption Omitted]

MOTION TO DISMISS UNDER RULE 12

Now come the defendants, Board of Managers of James 
Walker Memorial Hospital, and H. E. Hamilton, Secre­
tary of the Board of Managers of James Walker Memorial 
Hospital, and move to dismiss the above entitled action for 
that the Court has no jurisdiction over the subject matter, 
said motion being based upon the following matters and 
things:

a. For that it appears from the face of the complaint 
that the said action does not arise under the constitution, 
laws or treaties of the United States, and that the matter in 
controversy does not exceed the sum or value of $3,000.00.

b. For that it appears from the face of the complaint 
that the said action is by individuals against these de­
fendants as individuals, and that the action complained 
of by the plaintiffs is not such action that redress may be



11

had in the Federal District Court under 28 United States 
Code, Section 1343 (3).

W HEREFORE YOUR DEFENDANTS, Board of 
Managers of James Walker Memorial Hospital and IT. E. 
Hamilton, Secretary of the Board of Managers of James 
Walker Memorial Hospital, respectfully pray that the 
action be dismissed and that these defendants recover their 
costs to be taxed by the Clerk.

/ s /  C. D. Hogue
C. D. Hogue, Jr., Hogue and Hogue, 
Attorneys at Law, 207 Caroline 
Power & Light Building, Wilming­
ton, North Carolina, Attorneys for 
Defendants, James Walker Memorial 
Hospital and H. E. Hamilton, Secre­
tary of the Board of Managers, James 
Walker Memorial Hospital.

[Caption Omitted]

MOTION TO DISMISS UNDER RULE 12

NOW COME the defendants, City of Wilmington, 
North Carolina, and Dan D. Cameron, Mayor of the City 
of Wilmington, and move to dismiss the above entitled 
action for that the Court has no jurisdiction over the 
subject matter, said motion being based upon the follow­
ing matters and things:

(a) For that it appears from the face of the complaint



12

that said action does not arise under the Constitution, 
Laws or Treaties of the United States and that the matter 
in controversy does not exceed the sum or value of Three 
Thousand ($3,000.00) Dollars.

(b) For that it appears from the face of the complaint 
that the said action is by the plaintiffs as individuals 
against individuals and that the action complained of by 
the plaintiffs is not such action that redress may be had 
in the Federal Court under 28 U. S. Code 1343 (3).

(c) For that it appears from the face of the complaint 
and the title thereof that the James Walker Memorial 
Hospital is a body corporate and is in no way answerable 
to the City of Wilmington for any of its actions.

(d) For that it appears from the face of the complaint 
that the City of Wilmington has no control over and makes 
no contribution to the James Walker Memorial Hospital.

(e) For that it appears from the face of the complaint 
that the City of Wilmington and Dan D. Cameron, Mayor 
of the City of Wilmington, were made parties by collusion 
of the plaintiffs in an attempt to bring this action within 
the purview of 28 U. S. Code 1343 (3), and for no other 
reason, and it further appears from the complaint, when 
viewed contextually, that sufficient facts have not been 
alleged to make the City of Wilmington and Dan D. 
Cameron, Mayor of the City of Wilmington, parties of 
the action.

W HEREFORE, your defendants, City of Wilmington, 
North Carolina, and Dan D. Cameron, Mayor of the City 
of Wilmington, respectfully pray that the action be dis­



13

missed and that these defendants recover their costs to 
be taxed by the Clerk.

Cicero P. Yow, Attorney for the de­
fendants, City of Wilmington, North 
Carolina, and Dan D. Cameron,, 
Mayor of City of Wilmington.

[Caption Omitted]

MOTION TO DISMISS UNDER RULE 12

NOW COMES the defendants, County of New Han­
over, North Carolina, and Ralph T. Horton, Chairman of 
the Board of County Commissioners, and move to dismiss 
the above entitled action for that the court has no juris­
diction over the subject matter, said motion being based 
upon the following matters and things:

(a) For that it appears from the face of the complaint 
that said action does not arise under the Constitution, Laws 
or Treaties of the United States and that the matter in 
controversy does not exceed the sum or value of $3,000.00.

(b) For that it appears from the face of the complaint 
that the said action is by the plaintiffs as individuals against 
individuals and that the action complained of by the plain­
tiffs is not such action that redress may be had in the 
Federal District Court under 28 United States Code 
1343 (3).

(c) For that it appears from the face of the complaint



14

and the title thereof that the James Walker Memorial 
Hospital is a body corporate and is in no way answerable 
to the County of New Hanover for any of its actions.

(d) For that it appears from the face of the complaint 
that the County of New Hanover has no control over and 
makes no contribution to the James Walker Memorial 
Hospital.

(e) For that it appears from the face of the complaint 
that the County of New Hanover and Ralph T. Horton, 
Chairman of the Board of County Commissioners, were 
made parties by collusion of the plaintiffs in an attempt 
to bring this action within the purview of 28 United States 
Code 1343 (3), and for no other reason and it further 
appears from the complaint that sufficient facts have not 
been alleged to make the County of New Hanover a party 
to this action.

W HEREFORE, YOUR DEFENDANTS, County of 
New Hanover and Ralph T. Horton, Chairman of the 
Board of County Commissioners, respectfully pray that 
the action be dismissed and that these defendants recover 
their costs to be taxed by the Court.

/ s /  John Bright Hill 
John Bright Hill, attorney-at-law, 240 
Princess Street, Wilmington, N. C., 
attorney for defendant, County of 
New Hanover, North Carolina, Ralph 
T. Horton, Chairman of the Board 
of County Commissioners.



IS

[Caption Omitted]

STIPULATION

The parties to this suit, through their respective counsel* 
stipulate as follows:

1. That for the purpose of ruling on the respective 
motions to dismiss by each of the defendants for want of 
Federal jurisdiction, it is stipulated that the factual allega­
tions contained in plaintiffs’ complaint are true without 
waiving, however, the right of the defendants, and each 
of them, to deny all or any part of the complaint in the 
event the motion to dismiss for want of Federal jurisdic­
tion is denied.

2. That the following acts of the North Carolina General 
Assembly constitute all of the public Local and Private 
Laws, other than General Statutes, passed by the North 
Carolina Legislature, relating to James Walker Memorial 
Hospital and its operation. That there is attached to this 
stipulation a copy of each of said laws :

1. Public Laws of N. C. (Chapter 23) 1881

2. Private Laws of N. C. (Chapter 12) 1901
3. Private Laws of N. C. (Chapter 38) 1907

4. Public-Local Laws of N. C. (Chapter 66) 1915

5. Public-Local & Private Laws (Chapter 8) 1937
6. Public-Local & Private Laws of N. C. (Chapter 

470) 1939

7. Session Laws of N. C. (Chapter 906) 1951



16

3. That James Walker Memorial Hospital has, since the 
passage of these Acts, been operated pursuant to them, and 
that the City of Wilmington and County of New Hanover 
made payments to the hospital pursuant to these statutes 
up to and including the year 1951.

4. That the original members of the Board of Managers 
of James Walker Memorial Hospital were appointed in 
1901 in accordance with Chapter 12 of the Private Laws 
of 1901. That none of the original members of the Board 
were on the Board as of date of application of plaintiffs for 
Courtesy Staff privileges, and that all of the members of 
the Board at that time, and at the present time, have been 
elected by the members of the Board and that the Board 
is a self-perpetuating Board. That the statute under which 
the County and City have paid funds to the hospital since 
1951, as alleged in paragraphs 10 and 11 of the complaint, 
is General Statute of North Carolina 153-176.1 to 176.4, 
and that the amounts so paid in these years are shown as 
follows:

Receipts Receipts Other Total All
Year City of Wil. Co. of N.H. TOTAL Receipts Cash Receipts
1952 $ 1,666.71 $22,482.89 $24,149.60 $ 897,912.18 $ 922,061.78
1953 None 21,672.75 21,672.75 952,847.27 974,520.02
1954 26,118.31 34,749.01 60,867.32 1,021,036.01 1,081,903.33
1955 12,945.67 33,339.73 46,285.40 1,034,859.40 1,081,144.80
1956 23,675.33 41,129.03 64,804.36 1,163,598.98 1,228,403.34
1957 1,738.00 58,533.05 60,271.05 1,352,238.51 1,412,509.56

The above figures in columns 1 and 2 reflect the cash 
receipts from the City of Wilmington and County of New 
Hanover for the treatment of indigent patients for the fiscal 
years ending July 1st on the dates indicated. These figures 
have been verified with the City and County Auditors. The 
payments after the year 1952 are under contract on the 
basis of the per diem cost of each welfare patient treated



17

upon bills rendered to the City and County. In addition the 
City as self-insurer has made certain payments to the hos­
pital for services rendered in treating Workmen’s Com­
pensation cases; however, these amounts are not included 
in the above totals.

This 4th day of March, 1958.

C. O. Pearson 
Robert R. Bond 
Attorneys for Plaintiffs 
Cicero P. Yow 
Attorney for City of Wil­
mington, N. C.
John Bright Hill
Attorney for County of New
Hanover

C. D. Hogue, Jr.
Attorney for Board of Man­
agers of James Walker Me­
morial Hospital and H. E. 
Hamilton, Secretary

[Caption Omitted]

AFFIDAVIT

I, J. E. L. WADE, being first duly sworn, deposes and 
say:

That I am Mayor of the City of Wilmington, North



18

Carolina, and that the City of Wilmington does not con­
tribute any financial support to James Walker Memorial 
Hospital, but on the contrary, charges James Walker Me­
morial Hospital for any service rendered it by the City of 
Wilmington, such as water and sewerage charges.

This th e ....... day of February, 1958.

J. E. L. Wade, Mayor 

[Notary Omitted]

[Caption Omitted]

MEMORANDUM BY THE COURT AND ORDER

The instant suit is brought by three negro doctors for 
themselves and for other negro doctors, as a class, for the 
purpose of obtaining admission to practice medicine at 
James Walker Memorial Hospital on what is known as the 
“Courtesy Staff.” The City of Wilmington and the County 
of New Hanover are made parties defendant in addition 
to the Hospital’s Board of Managers and H. E. Hamilton 
who is Secretary of the Board. The defendants move to 
dismiss under Rule 12 for lack of federal jurisdiction. The 
facts of the case, as determined by pleadings and affidavits, 
appear to be as follows:

By virtue of Chapter 23 of the Public Laws of the North 
Carolina General Assembly of 1881, the City of Wilming­
ton and the County of New Hanover were authorized to 
establish and maintain a hospital. Pursuant to this au­



19

thorization land was acquired and the City Hospital of 
Wilmington became existent, subsequent expenses relating 
thereto being borne 40 percent by the City and 60 percent 
by the County.

In 1900 Mr. James Walker offered to build a modem 
hospital on the property then owned by the City and County 
and occupied by the City Hospital of Wilmington. The 
building used by the latter institution was removed, and 
construction of the new hospital was begun. The new 
building was finished after Mr. Walker’s death and under 
the direction of his will.

As a result of Mr. Walker’s offer, the defendant, Board 
of Managers of James Walker Memorial Hospital of the 
City of Wilmington, North Carolina, was chartered by the 
North Carolina legislature under Chapter 12 of the Private 
Laws of 1901. The purpose of this private law, as stated in 
its preamble, was to provide for the management of a 
hospital in New Hanover County and Wilmington, N. C., 
which hospital had been built with funds provided by one 
James Walker to provide for the maintenance and medical 
care of sick and infirm poor persons who might from time 
to time become chargeable to the charity of the City and 
County, and to provide for other persons who might be 
admitted. The charter further provided that it was desir­
able, and that the purpose of the act was to remove the 
management of the hospital as far as possible from the 
vicissitudes which generally result when such an institu­
tion is left in control of local municipal authorities. The 
act further declared that it was the purpose to provide 
for the permanent maintenance of the hospital by said City 
and County. To this end the hospital was chartered as a 
body corporate with all the rights and privileges conferred



20

upon corporations under law. The original Board of Man­
agers of the hospital was appointed pursuant to this act. 
Three were elected by the Board of Commissioners of New 
Hanover County; two were elected by the Board of Aider- 
men of the City of Wilmington and four members were 
selected by Mr. James Walker. This board is self-perpetu­
ating and has continued as such since its inception.

Upon the completion of the new James Walker Memo­
rial Hospital building on July 19, 1901, the City of Wil­
mington and the County of New Hanover conveyed to the 
Board of Managers of James Walker Memorial Hospital 
of the City of Wilmington, N. C. a tract of land consisting 
of all of Block 227 of the City of Wilmington to hold “so 
long as the same shall be used and maintained as a hospital 
for the benefit of the County and City aforesaid, and in 
case of disuse or abandonment to revert to the said City 
and County as their interests respectively appear. . . .” 
The deed specifically refers to the fact that the General 
Assembly has created and established a hospital under the 
supervision of a Board of Managers and the conveyance 
states that it is for the purpose of removing the manage­
ment of the hospital as far as possible from the vicissitudes 
which generally result when such an institution is left under 
the control of municipal authorities. The effect of this deed 
was to convey to the original Board of Managers of James 
Walker Memorial Hospital of the City of Wilmington, 
N. C., a separate corporation, all of Block 227 of the 
City of Wilmington, N. C., which had on it a building 
which had been built with funds provided by the late 
James Walker. After the acquisition of this property addi­
tional buildings were built thereon and also an additional 
city block was acquired in fee simple by the Board of Man­
agers upon which the south wing of the hospital is now



21

located. The acquisition of the additional property was in 
fee simple without the restrictions set forth in the deed 
from the City and County.

After this conveyance was made the corporation created 
by the Private Law of 1901 took over the operation of the 
hospital. At the time of the institution of this suit none of 
the original members of the Board of Managers were still 
on the Board and no member of the City or County govern­
ment is now a member of the Board or in any way in 
charge of the affairs of James Walker Memorial Hospital. 
The corporate charter gives the Board of Managers the 
absolute power to manage the hospital and to pass all rules 
and regulations necessary therefor, and since its inception 
the hospital has been operated, without interference or 
control by the City of Wilmington or New Hanover 
County, by its own self-perpetuating Board of Managers 
which have a separate corporate existence.

As was stated above, the Act of 1901 which chartered 
the hospital provided for funds in the annual amount of 
$8,000.00 from the City (40 percent) and County (60 per­
cent) to maintain it. Subsequently additional acts were 
passed by the legislature to provide for maintenance as 
follows:

The Private Act of 1907, Chapter 30 of the North Caro­
lina General Assembly, provided that annual appropriations 
could be made from public funds of the City of Wilming­
ton and the County of New Hanover in order that the 
hospital be run in an efficient manner. The Public-Local 
Act of 1915, Chapter 66, provided that the appropriation 
for the support of the James Walker Memorial Hospital 
should be contributed and paid in equal proportions, one-



22

half by the City and one-half by the County, and should 
not be less than an annual amount of $15,000. by said City 
and County. The Public-Local Act of 1937, Chapter 8, 
provided that a minimum annual appropriation of $50,000. 
would be necessary to give proper medical and hospital 
attention to the indigent sick and afflicted poor of the City 
and County, and said Act authorized and directed the 
City and County to make such minimum appropriation to 
enable the hospital to properly care for the indigent sick 
and afflicted poor and to renew its facilities and make ad­
ditions to its physical plant. The Public-Local Law of 1939, 
Chapter 470, authorized the City and County to enter into 
contracts with the James Walker Memorial Hospital and 
to appropriate annually a sum not to exceed the amount 
-of $25,000. each and authorized, if necessary, an additional 
tax levy. The Session Laws of 1951, Chapter 906, pro­
vided for contributions of the City and County to the James 
Walker Memorial Hospital to be on a per diem basis for 
the indigent sick and afflicted poor of said City and County.

Pursuant to all of the above statutes, the City of Wil­
mington, North Carolina, and the County of New Hanover 
made payments to the hospital up to the year 1951. In this 
latter year the provisions of the Act of 1901 relating to 
financing the hospital and all subsequent acts were declared 
unconstitutional by the Supreme Court of North Carolina 
in Board of Managers v. Wilmington, 237 N.C. 179, 74 
S.E. 2d. 749. Since 1951 funds have been paid to the hos­
pital by the City and County under contract pursuant to 
Article 14-A of Chapter 153, General Statutes of North 
Carolina, enacted in 1953. The amounts so paid are as 
follows:



23

Receipts Receipts Total All
City of County of Other Cash

Year Wilmington New Hanover Total Receipts Receipts
1952 $ 1,666.71 $22,482.89 $24,149.60 $ 897,912.18 $ 922,061.78
1953 None 21,672.75 21,672.75 952,847.27 974,520.02
1954 26,118.31 34,749.01 60,867.32 1,021,036.01 1,081,903.33
1955 12,945.67 33,339.73 46,285.40 1,034,859.40 1,081,144.80
1956 23,675.33 41,129.03 64,804.36 1,163,598.98 1,228,403.34
1957 1,738.00 58,533.05 60,271.05 1,352,238.51 1,412,509.56

At the present time the City does not have a contract 
with the hospital and in no way is a source of revenue for 
the same. The County, however, continues to pay according 
to contract for the care of indigent patients. The history 
of this contract and its terms are as follows:

On May 6, 1957, the County of New Hanover requested 
to be quoted the rates under which James Walker Memo­
rial Hospital would undertake the care of certified indigent 
patients. On May 15, 1957, the hospital furnished the 
County of New Hanover with the following proposal:

“The hospital will accept certified indigent patients 
for a per diem cost of $16.00. Of course, the County 
in its payment may deduct the $3.00 which the hos­
pital will receive from other agencies for MCC (Med­
ical Care Commission) cases, or $1.00 a day for SS 
(Social Security) cases.

“In 1954 the hospital’s per diem cost was $15.15 
and the indigent care cost to the County was set at 
$15.00. In 1955 the hospital’s per diem cost was $16.40, 
and in 1956 it was $17.60 not including depreciation. 
The average per diem cost for North and South Caro­
lina hospitals in a category with this hospital was ap­
proximately $18.00 to $19.00.

“In view of the data above, the Hospital Board of



24

Managers feels that this rate is reasonable and will 
meet with your approval.”

This proposal was accepted by the County and certified 
welfare patients are presently treated at a per diem cost 
of $16.00.

On March 19, 1955, the plaintiffs applied for “Courtesy 
Staff” privileges in the James Walker Memorial Hospital. 
The sole privileges of members of the “Courtesy Staff” is 
that they are allowed the use of private rooms and pay 
wards for their patients. Charity patients who are certified 
by the County are not treated by the “Courtesy Staff” 
members, and the “Courtesy Staff” members receive no 
part of the public funds which are paid for the per diem 
cost of treatment of charity patients. For the purpose of 
the instant motion, it is conceded that the applications for 
the “Courtesy Staff” privileges were properly made and 
that the plaintiffs were denied the same solely on account 
of their race.

On the above facts the defendants move to dismiss con­
tending that the denial of “Courtesy Staff” privileges to 
the plaintiffs by the hospital is not State action within the 
purview of the Fourteenth Amendment, and, consequently, 
the litigation contains no basis for federal jurisdiction. The 
ultimate question, therefore, is whether the action of the 
hospital constituted public or private conduct. If the hos­
pital is a private corporation, then its conduct is also 
private.

At the outset, it is manifest that the fact that the hos­
pital’s purpose is to promote the public interest and con­
venience in providing a place for the sick and afflicted does



25

not render the hospital a public corporation. This distinction 
is clearly set forth in the concurring opinion of Story, J., 
in the case of the Trustees of Dartmouth College v. Wood­
ard, 4 Wheat. 518, 4 Law Ed. 629:

“When, then, the argument assumes, that because 
the charity is public, the corporation is public, it mani­
festly confounds the popular, with the strictly legal, 
sense of the terms . . . When the corporation is said, 
at the bar, to be public, it is not merely meant that the 
whole community may be the proper objects of the 
bounty, but that the government have the sole right, 
as trustee of the public interest, to regulate, control 
and direct the corporation, and its funds and its fran­
chises, at its own will and pleasure. Now such an au­
thority does not exist in the government, except where 
the corporation, is in the strictest sense, public; that is, 
where its whole interests and franchises are the ex­
clusive property and domain of the government itself.”

And further:

“A hospital founded by a private benefactor is, in 
the point of law, a private corporation, although dedi­
cated by its charter to general charity . . .  It was indeed 
supposed at the argument, that if the uses of an 
eleemosynary corporation be for general charity, this 
alone would constitute it a public corporation. But the 
law is certainly not so.”

Rather than the nature of its purpose or objective, the 
legal test between a private and a public corporation is 
whether the corporation is subject to control by public



26

authority, State or municipal. Mitchell v. Boys Club of 
Metropolitan Police, 157 F. Supp. 101.1 The essence of this 
concept is that the present ability to control carries with it 
the responsibility for the present action of that which can 
be controlled.

When considering the ability to control, it must be noted 
that it is a composite of elements, for there are as many 
elements of control as there are qualities and quantities in 
the controlled subject. The elements must be viewed in their 
relationship to each other and as part of a sum total, and 
for this reason each case must be viewed on its merits.2

1A  private hospital is defined in 41 C.J.S. Hospitals, Section 1, as one 
■“Founded and maintained by private persons or a corporation, the state or 
municipality having no voice in the management or control of its property or 
the formation of the rules of its government.” By implication, The Courts of 
North Carolina recognize this test in Coastal Highway v. Coastal Turnpike 
Authority, 237 N. C. 52, 74 S. E. 2d. 310.

2For this reason the Court will not attempt to discuss and compare at 
length the cases of Kerr v. Enoch Pratt Free Library of Baltimore City, 149 
F. 2d. 212, and Norris v. Mayor and City Council of Baltimore, 78 F. Supp. 
451, with the instant litigation. A summary comparison, however, is as 
follows:
Value of plant owned and used by 

Enoch Pratt Library: None.
Maryland Institute: $500,000 (Cost).
James Walker Memorial Hospital: $756,000 (depreciated value).

Value of plant owned by City but used by 
Enoch Pratt Library: Over $4,000,000.
Maryland Institute: Leased for $500 per year of one city building which for 

commercial purposes would rent for $12,000 a year.
James Walker Memorial Hospital: Land valued at $54,000. City and County 

have reverter only if abandoned by hospital in one-half of property. 
Annual gross income from property or activities of 

Enoch Pratt Library: $6,000 to $8,000.
Maryland Institute: $184,000.
James Walker Memorial Hospital: $1,412,509.56—1957.

Annual sums paid by City and State 
Enoch Pratt Library: Over $800,000.
Maryland Institute: $42,500 (under contract for scholarships).
James Walker Memorial Hospital: $60,271.05 (Paid under contract for in- 

digents for services rendered)—1957.
Proportion of public funds received to total budget



27

Past contacts with connotations of control have no im­
portance other than to explain the existing relationship. In 
short, the present ability to control must be determined by 
considering the sum total of all existing relationships be­
tween the corporation and the State.

Turning to an examination of the elements of State 
control as they extend to the hospital in the case at bar, it 
is noted that the charter of the corporation here involved 
was granted by the General Assembly of North Carolina 
pursuant to private act. This act created the corporation 
with its own Board of Managers and with full power and 
authority to set forth its own rules and regulations. The 
express purpose of the act was to remove this corporation 
and the hospital which it was to operate from the politics 
which are connected with local City and County govern­
ments. No element of control over the corporation was re­
tained in either the City or the County after the initial

Enoch Pratt Library: 99%.
Maryland Institute: About 23% (under contract).
Janies Walker Memorial Hospital: About 4.6% (under contract).

Public status of employees
Enoch Pratt Library: Included in municipal employees retirement system 
Maryland Institute: None.
James Walker Memorial Hospital: None.

Control of disbursements by city
Enoch Pratt Library: Made through City Bureau of Control and Accounts 

on vouchers submitted by Trustees.
Maryland Institute: None.
James Walker Memorial Hospital: None.

Salary checks for employees 
Enoch Pratt Library: Issued by City Payroll Officer.
Maryland Institute: None.
James Walker Memorial Hospital: None.

Salary of employees
Enoch Pratt Library: Conform to City salary schedule.
Maryland Institute: None.
James Walker Memorial Hospital: None.

Control of Budget
Enoch Pratt Library: Submitted to municipal budget authorities 
Maryland Institute: None.
James Walker Memorial Hospital: None.



28

appointment of the Board of Managers. Inasmuch as no 
member of the Board of Managers as originally appointed 
is presently connected with the hospital (all of these having 
been replaced by persons who were elected by the self- 
perpetuating board), this element of control has long since 
expended itself. The hospital receives at present from the 
County only 4.27% of its income, and this money is re­
ceived by virtue of contract for services performed. For 
the past six years money so received has amounted to an 
average of 4.05% of total revenue. The County has no 
voice in how such money shall be spent. The hospital was 
not created for political purposes, nor endowed with politi­
cal powers. It is not an instrument of the government for 
the administration of public duties.

The fact that one-half of the property presently owned 
by the hospital was originally owned by the City and County 
has no bearing on present control. This Court knows of no 
authority which holds that the bona fide conveyance to a 
private corporation of public lands in turn makes a private 
corporation an agency of the State or creates the status of 
a public corporation. Indeed the conveyance was in good 
faith and for the very purpose of removing the City’s and 
County’s control with regard to the property. The deed 
clearly accomplished this purpose. The only way the City 
and County can claim an interest in the property or any 
control over the property would be in the event that the 
hospital ceased to be used for the care of the sick and 
afflicted of New Hanover County. The purpose and effect 
of the deed is to carry out the intent of the charter to 
create a public charity but not a public corporation. The 
City and County may eventually regain the property, but 
this possibility is distinctly within the control of the hospital



29

corporation. Only the latter possesses initiative with regard 
to the same.

The past contributions to the hospital by the City and 
County under the acts of the legislature, which were later 
declared invalid in Board of Managers v. Wilmington, 
supra, are not sufficient to convert the hospital into a public 
corporation. Mitchell v. Boys Club of Metropolitan Police, 
supra. In this regard the following comment of Judge 
Chesnut in Norris v. Mayor and City Council of Baltimore, 
78 F. Supp. 451, seems appropriate:

“Counsel for the plaintiff advances a new and far- 
reaching proposition not within the principle of the 
Pratt Library Case. The contention is that whenever 
the State or Baltimore City as a municipal agency of 
the State, advances money to a private corporation of 
an educational nature in an appreciably substantial 
amount which thereby becomes mingled with other 
general funds of the institution, that action of the 
institution or City thereby becomes State action within 
the scope of the 14th Amendment. No authority is 
cited for the proposition and I know of none. In my 
opinion it is untenable.”

In addition the past contributions do not have any rela­
tive bearing on the matter of the control of the hospital; 
and the possibility of any such contributions in the future 
has been foreclosed by judicial decision of the State of 
North Carolina.

In summation, the only links between the State of North 
Carolina and the hospital are these: 1.) the City and County



30

have a reverter in one-half of the hospital’s land should the 
same fail to be used for hospital purposes; 2.) the County 
pays at a rate provided by contract for the treatment of 
indigent patients. These factors do not carry with them 
such control as to render the hospital a public corporation. 
The Court concludes, therefore, that the plaintiff is not 
entitled to the declaratory judgment prayed for because 
the act of discrimination did not constitute “State action.” 
It results that for the lack of jurisdiction the complaint 
must be dismissed, and it is so ordered.

s/ Don Gilliam
United States District Judge.

PUBLIC LAWS OF NORTH CAROLINA—1881 
CHAPTER 23

An act to provide for the erection of a hospital in the 
City of Wilmington.

The General Assembly of North Carolina do Enact:

Section I: That it shall be lawful for the Board of Com­
missioners for the County of New Hanover, and a Mayor 
and Board of Aldermen of the City of Wilmington if they 
deem it proper to cojointly provide, lease, erect, build or 
establish, and maintain as hereinafter provided, a necessary 
hospital and dispensary for the maintenance and medical 
care of all such sick or infirm poor persons as may from 
time to time become chargeable to the charity of said County 
and City.



31

Section II: The said hospital and dispensary shall be 
under the general supervision and control of a Board of 
five managers, who shall be styled “the Board of Managers 
of the City Hospital of Wilmington.” The said Board of 
Managers shall be composed of three members of the said 
Board of County Commissioners, to be elected the said 
Commissioners, and two members of said Board of Aider- 
men, to be elected by said Aldermen and the said members 
of the said Board of Managers shall be elected by a ma­
jority of the aforesaid respective bodies in the first regular 
monthly meeting in March, Anno Domini one thousand 
eight hundred and eighty one, and annually thereafter and 
shall hold their positions until their successors are elected.

Section I I I : That for the purpose of providing, leasing, 
erecting, building, or establishing said hospital and dis­
pensary, and for the maintenance and medical care of all 
such sick and infirm poor persons as may from time to time 
be placed therein by the authority of the said Board of 
Managers, the said Board of County Commissioners shall 
from time to time provide and set apart a fund, and the 
said Board of Aldermen of the City of Wilmington shall 
from time to time provide and set apart a fund, which said 
fund shall be contributed in the proportion of three fifths 
by said Board of County Commissioners, and two fifths by 
the said Board of Aldermen of the City of Wilmington, and 
the funds so provided and set apart shall be placed in the 
hands of the said Board of Managers to be paid out and 
disbursed under their direction according to such rules, 
regulations and orders as they may from time to time 
adopt or make.

Section IV : That the said Board of Managers of the 
City Hospital of Wilmington shall, as soon after their



32

appointment as may be practicable and advisable, convene 
in the Office of the County Commissioners of said County, 
in the City of Wilmington, on a day to be named by the 
chairman of the said Board of County Commissioners, and 
shall then and there proceed to organize by the election of 
a president and such other officers as they may see fit for 
the purposes of this act, and shall adopt such by-laws and 
regulations for their own government and for the control 
and management of said hospital and dispensary as they 
may deem right and proper. A majority of said Board of 
Managers shall constitute a quorum, with power to fix 
their times of assembling to adopt, alter, amend or repeal 
their by-laws, rules and regulations and to do whatever, 
by law, the said Board of Managers have authority to do.

Section V : That the said Board of Managers of the City 
Hospital of Wilmington shall on the first Monday in Janu­
ary and each and every year make two separate reports; 
one to the Board of Commissioners of said County, and the 
other to the Mayor and Board of Aldermen of said City, 
which said report shall contain a full, true and accurate ac­
count of the conduct and management of said hospital and 
dispensary, giving an itemized account of their receipts 
and disbursements, together with the number, sex, color, 
age and disease of all occupants of said hospital for the 
preceding year.

Section VI: That this act shall be enforced from and after 
its ratification.

Read three times in the General Assembly and ratified 
this the 29th day of January, A. D. 1881.



33

PREAMBLE: PREAMBLE:

PRIVATE LAWS OF NORTH CAROLINA—1901 
CHAPTER 12

An act to provide for the Government of the “James Walker 
Memorial Hospital of the City of Wilmington,

North Carolina.”

Whereas, through the munificent liberality of Mr. James 
Walker, of the City of Wilmington, N. C., and the County 
of New Hanover, the said City and County have been pro­
vided with a substantial modern hospital for the main­
tenance and medical care of sick and infirm poor persons 
who may from time to time became chargeable to the 
charity of the said city and county, and for other persons 
who may be admitted; and,

WHEREAS, it is desirable that the management of said 
hospital should be removed as far as possible from the 
vicissitudes which generally result when such an institution 
is left entirely in the control of local municipal authorities 
subject to changing political conditions and its efficiency 
in sound degree thereby crippled; and

WHEREAS, it is also desirable that suitable provisions 
should also be made for the permanent maintenance of the 
hospital by said City and County, therefore, The General 
Assembly of North Carolina do enact:

Section I. That said hospital and the dispensary con­
nected therewith shall be under the general supervision and 
control of a board of nine managers who are hereby



34

Control of hospital Corporate powers
Managers created a body politic: Board how selected

Corporate name RESTRICTION:

created a body politic and Corporate for the term of thirty 
years, under the name and style of the “Board of Managers 
of the James Walker Memorial Hospital of the City of 
Wilmington, North Carolina” and by that name shall have 
succession and a common seal, sue and be sued; plead and 
be interpleaded, and have all the rights and privileges con­
ferred upon such corporations. The said Board of Man­
agers shall be composed of three members to be elected by 
the Board of Commissioners of New Hanover County, two 
members to be elected by the Board of Aldermen of the 
City of Wilmington, North Carolina, and four members to 
be selected by Mr. James Walker. The members of the 
said Board of Managers who are to be elected by the 
Board of County Commissioners, and the Board of Aider- 
men shall be elected at the first regular monthly meeting 
of the respective bodies held in the month of March, one 
thousand nine hundred and one, and no one of said mem­
bers shall be from either the Board of Aldermen or the 
Board of County Commissioners. The members to be 
selected by Mr. James Walker, shall enter upon the dis­
charge of their duties as soon as the hospital now in course 
of erection shall have been completed and turned over to 
the Board of Aldermen of the City of Wilmington and the 
Board of Commissioners of the County of New Hanover, 
and formally accepted by them, and shall then succeed to 
all powers and duties of “The Board of Managers of the 
City Hospital of Wilmington, North Carolina.”

Section II. The Board of Managers shall hold their first 
meeting on the day following their election. At this meet­
ing they shall decide by lot the term of office of each mem-



3̂5

When to enter upon discharge 
of duties 
Powers:

When to hold 1st meet:
Term of office of each, how decided: 

Term of office:
Failure to attend meeting board may 

declare membership void & 
elect successor

Means of sustenance of hospital and 
maintenance and medical care of 
indigent sick and infirm provided 

City & County appropriations con­
trolled and disbursed by board

of managers

ber as follows: Three members shall be selected by lot 
whose term of office shall be two years; three members 
shall be selected by lot whose term of office shall be four 
years; and three members shall be selected by lot whose 
term of office shall be six years; At all subsequent elections 
the term of office shall be six years. Should any vacancy 
occur in the board either by death or resignation, the re­
maining members shall fill the vacancy, and the term of 
office of the person elected shall expire at the time the 
original member’s would have expired. Should any mem­
ber of the Board of Managers fail to attend a meeting of 
the board for a period of six months, the board may de­
clare his membership void, and proceed to fill this position 
by the election of a successor for his unexpired term. As 
the expiration of the term of office of members, the re­
maining members of the Board shall elect their successors.

Section III. That for the purpose of providing the proper 
means for sustaining the said hospital, and for the main­
tenance and medical care of all such sick and infirm poor 
persons as may from time to time be placed therein by the 
authority of the said Board of Managers, the Board of 
Commissioners of New Hanover County shall annually 
provide and set apart the sum of four thousand eight hun­
dred dollars, and the Board of Aldermen of the City of 
Wilmington shall annually provide and set apart the sum 
of three thousand two hundred dollars, which said fund 
shall be placed in the hands of the said Board of Managers



36

Unused portion of appropriations to 
be invested in City & County or 

State Bonds 
Bonds, how registered

Income, how used 
When fund itself, used 

Transfer of bonds, how & when made 
When & where board to meet & 

organize

to be paid out and disbursed, under their direction, accord­
ing to such rules, regulations and orders as they may from 
time to time adopt.

Section IV. Should any portion of the annual appropria­
tions by the County of New Hanover and City of Wil­
mington remain unexpended on the first day of March of 
each year, it shall be the duty of the Board of Managers 
to invest such unexpended balance in bonds of the City of 
Wilmington or County of New Hanover, or State of North 
Carolina, and such investment shall be known as a per­
manent fund. The bonds so purchased shall be registered 
in the name of the “Board of Managers of the James 
Walker Memorial Hospital of the City of Wilmington, 
North Carolina.” The income from said permanent fund 
may be used for the maintenance of the hospital, but no 
part of the fund itself shall be used except in case of addi­
tional emergency, or for some permanent improvement or 
addition to the hospital. No part of said fund shall be used 
as above provided, except by approval of two-thirds of the 
entire membership of the Board of Managers and any 
transfer of the bonds, in which said fund is invested shall 
be made by the president and secretary of the board, only 
after such approval by two-thirds of the entire membership 
of the Board of Managers.

Section V. That the said Board of Managers shall, as 
soon after their election as may be practicable and advis­
able, convene in the office of the County Commissioners of 
said County, in the City of Wilmington, on a day to be 
named by the chairman of the board of County Commis-



37

Plan of organization 
By-laws

Quorum & Powers

Board of Managers to report 
Contents of Report 

Conflicting laws repealed

sioners if no day has been selected as the first meeting of 
the Board of Managers, and shall then and there proceed 
to organize by the election of a president and such other 
officers as they may see fit for the purpose of carrying out 
the provisions of this act, and shall adopt such by-laws and 
regulations for their own government and for the control 
and management of said hospital and dispensary as they 
may deem right and proper. A majority of said Board of 
Managers shall constitute a quorum, with power to fix 
their times of assembling to adopt, alter, amend, or repeal 
their by-laws, rules and regulations, and to do whatever, 
by law, the said Board of Managers have authority to do.

Section VI. That the said Board of Managers shall on 
the first Monday in January in each and every year, make 
two separate reports, one to the Board of County Commis­
sioners and the other to the Board of Aldermen, which said 
reports shall contain a full-time and accurate account of 
the conduct and management of said hospital and dis­
pensary, giving an itemized account of their receipts and 
disbursements, together with the number, sex, race, age 
and disease of all occupants of said hospital for the pro­
ceeding year.

Section VII. That so much of Chapter 23 of the laws of 
K881, and all other laws as may conflict with this act are 
hereby repealed.

Section VIII. That this act shall be in force from and 
after the first day of March, one thousand nine hundred 
and one.



38

In the General Assembly read three times, and ratified 
this the 23rd day of January, A. D., 1901.

STATE OF NORTH CAROLINA 
NEW HANOVER COUNTY

WILL

In the Name of God, Amen—

I, James Walker, being of sound and disposing mind 
and memory, but considering the uncertainty of my earthly 
existence, do make, publish and declare this my last Will 
and Testament, hereby revoking all former Wills made 
by me.

ITEM FIR S T : It is my will and desire that my Executor 
hereinafter named pay all my just debts and funeral ex­
penses as soon as practicable after my death.

ITEM SECOND: It is my will and desire that my 
Executor hereinafter named purchase a lot in Oakdale 
Cemetery and have my body buried therein, and that they 
erect to my memory a monument suitable to my estate, 
and I bequeath to my executors out of my estate a sum 
sufficient for that purpose.

ITEM T H IR D : I will and bequeath unto my niece Anne 
F. Walker the picture of my Father, my Mother and my 
uncle, and also thirteen one thousand Dollar registered 
bonds of the United States of America, numbered “A 49026 
to 49038” both inclusive, issued March 19, 1874, to be 
hers absolutely and in fee simple.



39

ITEM FO U RTH : I will and bequeath unto The Ladies 
Benevolent Society of Wilmington, N. C. and to its suc­
cessors, the sum of Five Thousand Dollars, to be used by 
them solely and exclusively in the support and maintenance 
of what is known as the Catherine Kennedy Home in Wil­
mington, N. C.

ITEM FIFTH : It is my will and desire that the Hos­
pital which I am now building should be completed, and 
in the event of my death before the completion of the same, 
it is my desire and I hereby direct my Executors herein­
after named to proceed at once with the completion of the 
same, according to the plans and specifications by which 
said Hospital is being erected, and for that purpose I will 
and bequeath unto my Executors hereinafter named such, a 
sum of money, to be derived from my estate, as may be 
necessary for that purpose, and after the completion of the 
said Hospital my said Executors are hereby directed to 
deliver and turn over the same to the proper authorities of 
the City of Wilmington and of the County of New Han­
over, State of North Carolina, to be held and used by them 
and their successors as a Hospital for the treatment of the 
sick and afflicted.

ITEM SIX T H : I will and bequeath unto my friend 
Thomas O. Bunting all my household and kitchen furniture 
which is situate in the house I now reside in.

ITEM SEV EN TH : I will and devise unto my friend, 
Thomas O. Bunting and his heirs all the real estate owned 
by me in the City of Wilmington, County of New Hanover, 
State of North Carolina, which is situate in Block 489 
according to the official plan of the City of Wilmington.



40

ITEM E IG H T H : I will and devise unto my friend 
William Gilchrist and his heirs all the real estate owned 
by me in the City of Wilmington, County of New Hanover, 
State of North Carolina, which is situate in Block 113 ac­
cording to the official plan of the City of Wilmington; 
together with the sewers connected therewith and also the 
sewer on Ann Street from Second Street to the Cape Fear 
River.

ITEM N IN T H : I will, devise and bequeath unto my 
niece Annie F. Walker all the rest and residue of my estate 
of every nature, kind and description and wheresoever 
situate, to be hers absolutely and in fee simple.

ITEM T E N T H : I hereby nominate, constitute and ap­
point my trusted friends James Sprunt and William Gil­
christ to be the Executors of this my last Will and Testa­
ment.

In testimony whereof, I, the said James Walker, have 
hereunto set my hand and seal, this the sixteenth day of 
January A. D. nineteen hundred and one.

(Signed) Jas. Walker (SEAL)

Signed, sealed, published and declared by the said James 
Walker to be his last Will and Testament, in the presence 
of us who at his request and in his presence and in the 
presence of each other have hereunto subscribed our names 
as witnesses thereto.

(Signed) Jno. C. James 
“ E. K. Bryan



41

STATE OF NORTH CAROLINA 
NEW HANOVER COUNTY

OFFICE OF TH E CLERK OF SUPERIOR COURT

I, Lois J. Ward, Asst. Clerk of the Superior Court of 
New Hanover County, State of North Carolina, which 
Court is a Court of Record, having an official seal, which 
is hereto attached, do hereby certify the foregoing and 
attached (Three (3) sheets) to be a true copy of Last Will 
and Testament of James Walker, Deceased, as the same 
is taken from and compared with the original now on file 
in this office.

In witness whereof, I have hereunto set my hand and 
affixed the seal of the Superior Court of New Hanover 
County at my office in Wilmington, North Carolina, this 
the 12th day of November, in the year of our Lord, 1955.

Lois J. Ward,
Asst. Clerk Superior Court.

(Seal)

PRIVATE LAWS OF N. C.—1907 
CHAPTER 38

An act to improve the Efficiency of the James Walker 
Memorial Hospital of Wilmington, North Carolina.
The General Assembly of North Carolina Do Enact:

Section I: That the Board of Commissioners of New 
Hanover County and the Mayor and Board of Aldermen 
of the City of Wilmington by and with the consent of the



42

Board of Audit and Finance be and they are hereby em­
powered to appropriate from time to time from the public 
funds of said county and City such sums as in their judg­
ment may be necessary to run the James Walker Memorial 
Hospital in an efficient manner.

Section II: This act shall be in force from and after its 
ratification.

In the General Assembly read three times and ratified 
this 7th day of February, A. D., 1907.

PRIVATE-LOCAL LAWS OF N. G —1915 
CHAPTER 66

An act to equalize the appropriations made for the sup­
port of the James Walker Memorial Hospital, Between 
the Board of Commissioners of New Hanover County, 
and the Council of the City of Wilmington.

The General Assembly of North Carolina Do Enact:

Section I: That all appropriations made by the Board of 
Commissioners of New Hanover County and the Council 
of the City of Wilmington for the support of the James 
Walker Memorial Hospital shall be contributed and paid 
in equal proportions—one-half by the Board of Commis­
sioners of New Hanover County and one-half by the 
Council of the City of Wilmington.

Section II: The Board of Commissioners of New Han­
over County and the Council of the City of Wilmington



43

shall jointly fix the amounts of said appropriations in such 
sums as they deem wise and proper: Provided, the appro­
priations in any one year shall not be less than fifteen 
thousand ($15,000) dollars.

Section III: That all laws and clauses of laws in conflict 
with this act are hereby repealed.

Section IV : This act shall be enforced from and after 
its ratification.

Ratified this the 4th day of February, A. D., 1915.

PUBLIC-LOCAL AND PRIVATE LAWS—N.C.—1937
CHAPTER 8

An act to enable the County of New Hanover and the 
City of Wilmington to make proper provision for the main­
tenance of the indigent sick and afflicted poor.

Whereas, the Board of Commissioners of New Hanover 
County and the Council of the City of Wilmington have 
been making equal annual appropriations toward the sup­
port of James Walker Memorial Hospital of Wilmington, 
N. C. in accordance with and under the provisions of Chap­
ter 66, of the Public-Local Laws of the General Assembly 
passed at the session in the year one thousand nine hundred 
and fifteen; and

Whereas, the said hospital has been providing medical 
attention and hospital treatment for the indigent sick and 
afflicted poor of the City of Wilmington and County of 
New Hanover, as required by the Council of the City of



44

Wilmington and the Board of Commissioners of the Coun­
ty of New Hanover; and

Whereas, there has been a substantial increase in the num­
ber of indigent sick and afflicted poor and an increase in the 
demand for their proper care and maintenance; and

Whereas, the appropriations heretofore made to said hos­
pital for the purposes aforesaid are now insufficient to prop­
erly care for and maintain the indigent sick and afflicted poor 
of the City of Wilmington and the County of New Hanover, 
and the present facilities of said hospital have been found 
to be inadequate for said purposes, and it is now necessary 
to make additions to said hospital and increase its facilities 
in order to enable it to more adequately provide for and 
maintain the indigent sick and afflicted poor of the said City 
and County, as required by the City and County; and

Whereas, the Board of Commissioners of New Hanover 
County and the Council of the City of Wilmington, after 
due consideration, find that a minimum annual appropria­
tion of twenty five thousand dollars ($25,000) each by said 
respective boards to the said hospital for the purposes afore­
said will be required to give proper medical and hospital at­
tention to the indigent sick and afflicted poor of said City 
and County and to provide for their maintenance, and that 
such maintenance and care is a necessary expense, and that 
provisions for the poor and unfortunate is one of the first 
duties of government and their proper care and maintenance 
is required under the law and constitution of the State of 
North Carolina, and the James Walker Memorial Hospital, 
having agreed to give proper medical care and attention to 
the indigent sick and afflicted poor as required by said re­
spective municipalities upon their appropriating annually the



45

sums of money aforesaid; Now, Therefore, The General As­
sembly of North Carolina Do Enact:

Section I: That the foregoing agreement entered into be­
tween the Board of Commissioners of New Hanover, the 
Council of the City of Wilmington and the James Walker 
Memorial Hospital in said City whereby it is agreed that 
said hospital will provide proper medical and hospital atten­
tion for the care and maintenance of the indigent sick and 
afflicted poor of said City and County upon the payment to 
said hospital annually, for a period of three successive years, 
of the sum of twenty five thousand ($25,000) each, by said 
respective municipalities is hereby ratified and approved. 
Said payments shall be made in equal monthly installments, 
beginning with the fiscal year starting July first one thous­
and nine hundred and thirty-seven, and until the beginning 
of said fiscal period, the appropriations now being made by 
said municipalities to said hospital shall continue to the end of 
the current fiscal year. The said expenditures by this act 
authorized are hereby found to be proper and necessary for 
the adequate maintenance and care of the indigent sick and 
afflicted poor of said City and County, and the same consti­
tutes a necessary expense and is one of the first duties of 
government and required under the laws and constitution of 
the State of North Carolina.

Section II: That the Board of Commissioners of New 
Hanover County and the Council of the City of Wilmington 
are hereby authorized, empowered, and directed to carry out 
and perform their contract and agreement with the James 
Walker Memorial Hospital in the City of Wilmington, and 
the said Board of Commissioners and the City Council are 
each authorized, empowered and directed to pay annually 
for a period of three (3) successive years, to the said James



46

Walker Memorial Hospital the sum of twenty five thousand 
dollars ($25,000), to be paid in the manner and at the time 
as set forth in section I, to enable it to increase its facilities 
and make additions thereto to care for and maintain the in­
digent sick and afflicted poor of the City of Wilmington and 
the County of New Hanover as required by said respective 
municipalities.

SECTION III:  That in the event said Board of Commis­
sioners of New Hanover County and the Council of the City 
of Wilmington, in order to make and pay, during the said 
periods of three (3) successive years, the aforesaid annual 
appropriations and payments to the said hospital, find it re­
spectively necessary to annually levy any additional taxes 
for the special purposes aforesaid, they and each of them, 
and their respective successors in office, are hereby author­
ized, empowered and directed to levy and collect such addi­
tional taxes as may be necessary for the purpose of comply­
ing with and making annually, during said period, the said 
appropriations for the purposes aforesaid.

SECTION IV : That all laws and clauses and parts of 
law, Private, Public-Local, and Public in conflict with this 
act or any provision hereof, are hereby repealed.

SECTION V: That his act shall be in full force and 
effect from and after its ratification.

In the General Assembly read three time and ratified this 
the 22nd day of January, A. D., 1937.



47

PUBLIC-LOCAL and PRIVATE LAWS OF N. C.
(1939)

CHAPTER 470

An act to enable the County of New Hanover and the 
City of Wilmington to make proper provision for the main­
tenance of the Indigent Sick and afflicted poor.

WHEREAS, the Board of Commissioners of New Han­
over County and the Council of the City of Wilmington 
have been making annual appropriations toward the support 
of the James Walker Memorial Hospital of Wilmington, 
North Carolina, for the care and the maintenance of the in­
digent sick and afflicted poor of said County and City, re­
spectively, under the provisions of Chapter 8 of the Public- 
Local Laws of 1937, and

WHEREAS, under the terms and provisions of said act, 
the annual appropriations therein authorized and directed 
are limited to a period of three successive years, beginning 
with the fiscal year, starting July first, one thousand nine 
hundred and thirty-seven, and

WHEREAS, the Board of Commissioners of the County 
of New Hanover and the Council of the City of Wilming­
ton, after due consideration find that it is necessary to appro­
priate annually certain funds to the James Walker Memorial 
Hospital for the purpose of providing hospitalized medical 
attention and maintenance of the indigent sick and afflicted 
poor of the said municipalities, and that such maintenance 
and care is a necessary expense and that provision for the 
poor and unfortunate is one of the first duties of govern­
ment and that their proper maintenance and care is required 
under the law and the Constitution of the state of North



48

Carolina. Therefore, The General Assembly of North Caro­
line Do enact:

Section I: That the City of Wilmington and the County 
of New Hanover, be and they hereby are authorized to enter 
into a contract with the James Walker Memorial Hos­
pital, making proper and adequate provision for the hospi­
talization, medical attention, and care of the indigent sick 
and afflicted poor of said City and County, respectively, said 
contract to be effective as of the first day of July, one thous­
and nine hundred and forty and upon the making of said 
contract, the City of Wilmington and County of New Han­
over, and each of them is hereby authorized and fully em­
powered to appropriate to the said James Walker Memorial 
Hospital for such purpose annually an amount not to exceed 
the sum of twenty five thousand ($25,000) dollars each said 
payments to be made in equal monthly installments begin­
ning in the fiscal year starting the first day of July, one 
thousand nine hundred and forty, and until the said fiscal 
period, the appropriations now being made by said munici­
palities shall continue. The said expenditures of this act au­
thorized are hereby found to be proper and necessary for 
the adequate maintenance and care of the indigent sick and 
afflicted poor of the said City and County and the same con­
stitutes a necessary expense and is one of the first duties of 
government and is required under the laws and constitution 
of the State of North Carolina.

Section II:  That in the event of said Board of Commis­
sioners of New Hanover County and the Council of the City 
of Wilmington, in order to make and pay the aforesaid an­
nual appropriations and payments to the said hospital, find it 
respectively necessary to annually levy any additional taxes 
for the special purposes aforesaid, they and each of them,



49

and their respective successors in office, are hereby author­
ized, empowered and directed to levy and collect annually 
such additional taxes as may be necessary for the purpose of 
complying- with and making annually the said appropriations 
for the purposes aforesaid.

Section III: That all laws and clauses and parts of laws, 
Private, Public-Local, and Public in conflict with this act or 
any provisions hereof are hereby repealed.

Section IV : That this act shall be in full force and effect 
from and after its ratification.

In the General Assembly read three times and ratified, 
this the 31st day of March, 1939.

SESSION LAWS OF NORTH CAROLINA—1951 
CHAPTER 906

An act to enable the County of New Hanover and the City 
of Wilmington to make proper provision for the mainte­
nance of the indigent sick and afflicted poor.

Whereas, the Board of Commissioners of New Hanover 
County and the Council of the City of Wilmington have 
been making annual appropriations toward the support of 
the James Walker Memorial Hospital of Wilmington, N. C. 
regularly since 1901 for the care and maintenance of the in­
digent sick and afflicted poor of said County and City re­
spectively formerly under the provisions of Chapter 12 of 
the Private Laws of 1901 under the provisions of Chapter 
66 of the Public-Local Laws of 1915 and under the pro­
visions of Chapter 8 of the Public-Local Laws of 1937 and



50

currently under the provisions of Chapter 470 of the Public- 
Local and Private Laws of 1939; and

Whereas, the Board of Commissioners of the County of 
New Hanover and the Council of the City of Wilmington 
since the establishment of said hospital in 1901, have found 
and do now find, that it is necessary to appropriate annually 
funds to the James Walker Memorial Hospital for the pur­
pose of providing hospitalization, medical attention and 
maintenance of the indigent sick and afflicted poor of the 
said municipalities and that such maintenance and care is a 
necessary expense and that provision for the poor and un­
fortunate is one of the first duties of government and that 
their proper maintenance and care is required under the 
law and the constitution of the State of North Carolina; 
Now, Therefore,

The General Assembly of North Carolina do Enact:

Section I: That the City of Wilmington and the County 
of New Hanover be and they hereby are authorized and di­
rected to enter into a contract with the James Walker Mem­
orial Hospital, making proper and adequate provision for 
the hospitalization, medical attention and care of the in­
digent sick and afflicted poor of said City and County, re­
spectively, said contract to be effective as of the first day of 
July, 1951, and from and after said first day of July, 1951, 
the City of Wilmington and the County of New Hanover 
and each of them, is hereby authorized, directed, and fully 
empowered to appropriate to the said James Walker Mem­
orial Hospital for such purpose the sum of three and 75/100 
($3.75 ) dollars per day per patient for each day of care ren­
dered to indigent inpatients hospitalized in said hospital, 
(the total combined appropriation being $7.50 per day per



51

patient) and the sum of one ($1.00) dollar per visit per 
patient for each out patient given professional care, drugs, 
bandages, dressings, and other medical care, (the total com­
bined appropriation being “ .00 per visit per patient) when 
such inpatients and outpatients have been certified to said 
hospital by the New Hanover County Welfare Department 
as being indigents; payment of the aforesaid appropriations 
shall not exceed the sum of forty thousand ($40,000) dol­
lars each for the said City and said County during any one 
twelve months period; and until the first day of July, 1951, 
the appropriation now being made by said municipalities 
shall continue. The said expenditures of this act authorized 
and hereby found to be proper and necessary for the ade­
quate maintenance and care of the indigent sick and afflicted 
poor of said City, and County and the same constitutes a 
necessary expense and is one of the first duties of govern­
ment and is required under the laws and constitution of the 
State of North Carolina.

Section 11: That in the event said Board of Commission­
ers of New Hanover County and the Council of the City of 
Wilmington, in order to make and pay the aforesaid annual 
appropriations and payments to the said hospital find it 
respectively necessary to annually levy any additional taxes 
for the special purposes aforesaid, they and each of them 
and their respectively successors in office are hereby au­
thorized, empowered and directed to levy and collect an­
nually such additional taxes as may be necessary for the 
purpose of complying with and making annually the said 
appropriations for the purposes aforesaid.

Section III: It is hereby further provided that if addi­
tional or supplemental funds for the maintenance and care 
of the indigent sick and afflicted poor of New Hanover



52

County and the City of Wilmington become available 
through Federal Grants or appropriations to them, in such 
event, the County and City appropriations provided in Sec­
tion I of this act shall be reduced equally and proportionate­
ly from time to time, in accordance with the availability of 
such additional or supplemental Federal Funds.

The Board of County Commissioners of New Hanover 
County and the Council of the City of Wilmington or the 
duly appointed representatives of either the board or the 
Council, shall have the right, at reasonable intervals to in­
spect the books and financial records of the James Walker 
Memorial Hospital.

Section I V : That all laws and clauses and parts of laws, 
Private, Public-Local, and Public in Conflict with this act 
or any provisions hereof, are hereby repealed.

Section V : That this act shall be in full force and effect 
from and after its ratification.

In the General Assembly read three times and ratified, 
this the 13th day of April, 1951.

Article X I, Section 7

P r o v is io n  f o r  t h e  P oor  a n d  O r p h a n s . Beneficent pro­
visions for the poor, the unfortunate and orphan, being one 
of the first duties of a civilized and Christian state, the 
General Assembly shall, at its first session, appoint and de­
fine the duties of a board of public charities, to whom shall 
be entrusted the supervision of all charitable and penal State 
institutions, and who shall annually report to the Governor 
upon their condition, with suggestions for their improve­
ment.



53

ARTIC LE 14A— Medical Care of Sick and Afflicted Poor.

Section 153-176.1. Authority to provide hospitalization and 
medical care; contracts with hospitals.

Authority is hereby granted to the Board of Commission­
ers of any County in the State now or hereafter having a 
population of sixty thousand or over and a city within its 
borders now or hereafter having a population of forty-four 
thousand or over to provide adequate hospitalization, medi­
cal care and attention of the indigent sick and afflicted poor 
of such county or city. The board of commissioners of any 
such county and the governing body of any such city are 
hereby authorized and empowered, separately or jointly, to 
enter into a contract with public, quasi-public or private hos­
pitals or joint municipally owned hospitals providing for the 
hospitalization, medical care and medical attention of the 
indigent sick and afflicted poor of said county and city, upon 
such terms, over such periods of time and in such amount 
or amounts as the said county commissioners and the gov­
erning body of any such city may determine necessary, 
proper and appropriate for said purposes, acting separately 
or jointly. (1953, c. 878, s. 1.)

ARTICLE 14A—Medical Care of Sick and Afflicted Poor.

Section 153-176.3. Expenditures not provided for by con­
tract.

The commissioners of any such county and the governing 
body of any such city are hereby authorized and empowered, 
acting separately or jointly, to appropriate and pay to any 
hospital as set forth in G. S. 153-176.1, such amounts as 
they or either of them deem necessary to cover the cost of



54

hospitalization and medical care of the indigent sick and 
afflicted poor, certified to any such hospital for such atten­
tion, during any fiscal year or part thereof, for which such 
cost has not otherwise been provided for by contract, as 
authorized by this article. Expenditures made as authorized 
by this section are hereby found and declared to be neces­
sary expenses of any such county and city. (1953, c. 878, 
s. 3.)

Article II, Section 29

L i m i t a t i o n s  U p o n  P o w e r  o f  G e n e r a l  A s s e m b l y  T o 
E n a c t  P r iv a t e  or  S p e c ia l  L e g is l a t io n . The General 
Assembly shall not pass any local, private, or special act or 
resolution relating to the establishment of courts inferior to 
the Superior Court; relating to the appointment of justices 
of the peace; relating to health, sanitation, and the abate­
ment of nuisances; changing the name of cities, towns, and 
townships; authorizing the laying out, opening, altering, 
maintaining, or discontinuing of highways, streets, or al­
leys ; relating to ferries or bridges; relating to nonnavigable 
streams; relating to cemeteries; relating to the pay of jur­
ors ; erecting new townships, or changing township lines, or 
establishing or changing the lines of school districts; remit­
ting fines, penalties, and forfeitures, or refunding moneys 
legally paid into the public treasury; regulating labor, trade, 
mining, or manufacturing; extending the time for the as­
sessment or collection of taxes or otherwise relieving any 
collector of taxes from the due performance of his official 
duties of his sureties from liability; giving effect to inform­
al wills and deeds; nor shall the General Assembly enact any 
such local, private or special act by the partial repeal of a 
general law, but the General Assembly may at any time



55

repeal local, private or special laws enacted by it. Any local, 
private or special act or resolution passed in violation of the 
provisions of this section shall be void. The General As­
sembly shall have power to pass general laws regulating 
matters set out in this section.

Article VII, Section 7

No D e b t  o r  L o a n  E x c e p t  B y  A M a j o r it y  o f  V o t e r s . 
No county, city, town, or other municipal corporation shall 
contract any debt, pledge its faith or loan its credit, nor 
shall any tax be levied or collected by any officers of the 
same except for the necessary expenses thereof, unless ap­
proved by a majority of those who shall vote thereon in any 
election held for such purpose.

LWHR VOLLERS & W IFE 
TO
“THE COUNTY OF NEW HANOVER” AND 
“THE CITY OF WILMINGTON”

STATE OF NORTH CAROLINA 
COUNTY OF NEW HANOVER

This Indenture made and executed the 3rd. day of Octo­
ber, A.D. 1881 by and between Lwhr. Vollers of the City of 
Wilmington and County and State above written and Eliza­
beth his wife of the first part and the County of New Han­
over of the Second part and the City of Wilmington of the 
third part.

W ITNESSETH that the said parties of the first part for



56

and in consideration of the sum of Six Thousand Dollars, to 
them in hand paid by the said parties of the second and third 
parts respectively at and before the ensealing- and delivery of 
these presents the receipt whereof is hereby fully acknowl­
edged (the said consideration being contributed and paid by 
the said parties respectively in the proportion of three fifths 
by the party of the second part, and two fifths by the party 
of the third part) have granted, bargained and sold, and by 
these presents do grant bargain and sell, alien, convey and 
confirm unto the said parties of the second and third parts, 
respectively, and their successors, and assigns forever, as 
tenants in common in the shares and proportions herein­
after mentioned, all of the following described tract or par­
cel of land situate lying and being in the City of Wilming­
ton aforesaid, and, Beginning at the intersection of the 
eastern line of Dickinson Street with the northern line of 
Gwynn Street running thence Northwardly along said east­
ern line of Dickinson Street three hundred and thirty feet 
to its intersection with the southern line of Rankin Street 
and thence Eastwardly along said line of Rankin Street 
thence three hundred and thirty feet to its intersection with 
the western line of Wood Street and thence southwardly 
along said line of Wood Street three hundred and thirty feet 
to its intersection with the northern line of Gwynn Street 
and thence westwardly along said line of Gwynn Street- 
three hundred and thirty feet to the beginning of the lot, 
piece, or parcel of land hereby conveyed, or intended so to 
be, being the entire square or block No. 227, according to 
the official plan of the City of Wilmington and the same 
which was conveyed to the said Lwhr. Vollers by “The Wil­
mington Building Association” by deed bearing date the 
28th. day of October 1873 and registered in the Registers 
Office of said County of New Hanover in Book “KKK” 
Page 557.



57

Together with all and singular, the buildings, improve­
ments, hereditaments, appurtenances and privileges there­
unto belonging, or in anywise appertaining.

To have and to hold the said granted and described prem­
ises with the appurtenances and privileges unto the said 
parties of the second and third parts and their successors 
and assigns as tenants in common forever in the shares and 
proportions of three fifths to the said party of the second 
part and two fifths to the said party of the third part.

And the said Lwhr. Vollers, for himself his heirs, exec­
utors and administrators, do hereby convenant with the said 
parties of the second and third parts respectively and sev­
erally, and with their several and respective successors, and 
assigns, that he is lawfully seized in fee of the aforegranted 
and described land, and premises, that the same are free 
from all incumbrances, whatever, that he hath good 
right and lawful authority to sell and convey the same as 
aforesaid; and that he will, and his heirs executors and ad­
ministrators shall warrant and defend the same to the said 
parties of the second and third parts respectively, and their 
respective successors and assigns, forever, against the law­
ful claims and demands of all persons whomsoever.

In testimony whereof the said parties of the first part 
have hereunto set their hands and seals the day and year 
first hereinbefore written.

Lwhr. Vollers 
Elizabeth Vollers

(Seal)
(Seal)

Signed sealed and delivered
in presence o f :
S. Van Amringe



58

STATE OF NORTH CAROLINA

NEW  HANOVER COUNTY
IN PROBATE COURT

October 3rd, 1881

Personally appeared before me Stacy Van Amringe Judge 
of Probate and Clerk of Superior Court for the County and 
State aforesaid Lwhr Vollers and Elizabeth Vollers his wife 
and acknowledged the due execution by them of the fore­
going deed and thereupon the said Elizabeth Vollers being 
by me privately examined separate and apart from her said 
husband touching her free consent in the execution of the said 
deed of conveyance she on such her examination declared 
that she had executed the same freely of her own will and 
accord and without any force fear or undue influence of her 
said husband, or any other person and did still voluntarily 
assent thereto.

Let this same deed and this certificate be registered.

L. Van Amringe
Judge of Probate and Clerk of
The Superior Court of New Han­
over Co.

Reed, for Registration October 7th. 1881 and 
duly registered.
J. E. Sampson, Register of Deeds



59

STATE OF NORTH CAROLINA 
COUNTY OF NEW HANOVER

I, R. L. BLACK, Register of Deeds for the County and 
State aforesaid do hereby certify that the foregoing Deed 
from Lwhr Vollers and wife to “The County of New Han­
over” and “The City of Wilmington” is a true and exact 
copy of the original Deed filed for registration in this office 
on October 7, 1881 and recorded in Book “RRR” at page 
125.

Witness my hand and official seal this 19th day of Jan­
uary, 1956.

R. L. BLACK,
Register of Deeds
By / s /  Mickey DeVane 

Deputy

STATE OF NORTH CAROLINA 
COUNTY OF NEW1 HANOVER 

CITY OF WILMINGTON, ET AL 
TO
BOARD OF MANAGERS
JAMES WALKER MEMORIAL HOSPITAL
DEED

WHEREAS, IT IS desirable that the management of 
“The James Walker Memorial Hospital of the City of Wil­
mington, North Carolina” should be removed as far as pos­
sible from the vicissitude which generally result when such 
an institution is left entirely in the control of local municipal 
authority subject to changing political conditions and its



60

efficiency in some degree thereby crippled, and an act of the 
General Assembly ratified the 23rd day of January, 1901 
has created and established a Hospital under the supervision 
of a “Board of Managers”, and,

WHEREAS, a building has been erected upon the prop­
erty of the City of Wilmington and County of New Han­
over through the Munificent Gift of James Walker, de­
ceased.

NOW, THEREFORE, the Mayor of the City of Wil­
mington and the Chairman of the Board of Commissioners 
of the County of New Hanover in conformity to resolution of 
the Board of Alderman of the City of Wilmington and the 
Board of Commissioners of the County of New Hanover, and 
for the purpose of complying with the agreement and carrying 
out the wishes of James Walker, deceased, do hereby give, 
grant, transfer, convey, and assign to “The Board of Man­
agers of the James Walker Memorial Hospital of the City 
of Wilmington, N. C. and their successors all that tract of 
land consisting of all of Block 227, in the City of Wilming­
ton, State and County aforesaid according to the present 
official plan of said City and said tract being the same con­
veyed by L. Vollers to the County of New Hanover and the 
City of Wilmington as will appear by reference to a deed in 
Book R.R.R. page 126, of the records of New Hanover 
County.

TO HAVE AND TO HOLD the same in trust for the 
use of the Hospital aforesaid, so long as the same shall be 
used and maintained as a Hospital for the benefit of the 
County and City aforesaid, and in case of disuse or aban­
donment to revert to the said County and City as their in­
terest respectively appear in the deed hereinbefore cited.



61

In Testimony whereof the Mayor of the City of Wilming­
ton, North Carolina and the Chairman of the Board of 
County Commissioners have hereunto affixed their signa­
tures together with the official seal of the City of Wilming­
ton and the County of New Hanover attested by the Clerks 
of the aforesaid boards

This 19 day of July 1901.

( Seal of City of 
Wilmington)

Attest: B. F. King 
City Clerk & Treasurer

(Seal of New Hanover 
County)

A ttest: W. H. Biddle 
Clerk Board County 
Commissioners

Alfred M. Waddell 
Mayor of the City of 

Wilmington
State of North Carolina
D. McEachern 
Chairman of the Board of 

Commissioners of 
New Hanover County

STATE OF NORTH CAROLINA 
NEW HANOVER COUNTY

This 24 day of July, 1901, personally came before me, 
John D. Taylor, Clerk of the Superior Court of New Han­
over County, B. F. King, who being duly sworn, says that 
he knows the Common seal of the City of Wilmington and 
is acquainted with A. M. Waddell, who is Mayor of said cor­
poration and that he, the said B. F. King is the clerk of the 
said corporation, and saw the said common seal of said cor­
poration affixed to said instrument, the same having been 
affixed thereto by him as Clerk and that he, the said B. F.



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King signed his name in attestation of the execution of said 
instrument in the presence of said President, or Mayor, of 
said Corporation, and also this day personally came before 
me, W. H. Biddle, who being duly sworn, says that he knows 
the common seal of the County of New Hanover and is ac­
quainted with Duncan McEachern, who is Chairman of said 
Corporation, and that he the said W. H. Biddle is the Clerk 
of the said Corporation, and saw the said Chairman sign the 
foregoing instrument, and saw the said Common seal of 
said Corporation affixed to said instrument, the same having 
been affixed thereto by him as Clerk and that he the said 
W. H. Biddle signs his name in attestation of the execution 
of said instrument in the presence of said president or Chair­
man of said Corporation.

Let said deed with this certificate be registered.

John D. Taylor
Clerk of Superior Court

Received and recorded 
the 18 day of April, 1903 
W. H. Biddle 
Register of Deeds

STATE OF NORTH CAROLINA 
COUNTY OF NEW HANOVER

I, R. L. Black, Register of Deeds for the State and Coun­
ty aforesaid do hereby certify that the foregoing Deed be­
tween City of Wilmington, et al and Board of Managers, 
James Walker Memorial Hospital, is a true and exact copy 
of the original deed filed for registration on April 18, 1903 
and recorded in Book 36 at page 311.



63

Witness my hand and official seal this the 19 day of Jan­
uary, 1956.

R. L. Black 
Register of Deeds
by / s/ Inez Hopkins 

Deputy