Newspapers / The Rutherford Star and … / Nov. 29, 1873, edition 1 / Page 1
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w- ' ' ' - ' " 1 - ' L sr : V ' K ' '" ',' ' "t 1 . .','.'' ; ' 1 ' - r - '- .7 , . !' - " - - " : : h '!, " ! TTLR STT?OYfiTJlST "RTTT.WAT?r ntrn vrrATmr, . , . r vuiv uUiMlil lllli fUl'ULAK HEART.- s . 1 ; ' ' ' ' ' ' " " ' ; ' " : " ! ' I Y ; : j , : ' ' . , . ' .. - 1 ; . Y CARPENTER & GRAYSCtf , Editors. CLENDEMN & CARPENTER, Publishers. VOL. I. MUTHEEFOMDTO N. C.r NOVEMBER '0,: I8TS. NO. 41. . I ! - r : . ; 7" .1 ' . ... 'i - . ! .professional: cards. g. S. OAITltER. JNO. GRAY BVXUM. ; GAITIIER & BYNUM, ATTORNEYS AT LAW, MoROtVTnv M f! k Practice in tlie Federal Courts, Supreme Court ot North Carolina, and in the Counties i.i ratawba, Caldwell, Rutherford, McDowell, Vl ?. -.1.-11 1 "vr.. lenderson, siucneii aim iHiiwy. Collections wade in any part ol the State. j y '! ' ?-S:y : W. H. COX, SURGEON AXD Dentist. 38:ly 1 RuTIIERFjORDTOX, N. C. 1)K. J. A. HAGUE, Physician and Surgeon, Having located :t IJutlu r.'orrtton, N. C, re 'CClfiiIl) U-uders his rroios.-sional Services to ihe citizcjif l '.fhe Village ami t-'urrouiidiug. 1 : 1 n-v, r iinl hope to merit it pait of their .iitroija,:a ' j 38: ly. : ; .DR. d. L. KUCKER, ! ri'YSlCIAK.. AND UliGKON, : Oivittful lor the .lihoritl palroiiae hereto for reeeived. hopes, by pn-mpt ntteiifioii to jill eallv, to niejil : Co u ti nuance of ll.e name. . , i-tl ' ' n. w. uxiAN, ,.'j. ji. JusTicr. LOGAN k JUSTICE, ATTORN KYS aT LAW, ; Ti I'TII Kli KOKpTOX, N. C. V.'iLl irivc prompt s.ttetit on to all business utrtMted -to their care. Pitii.ii'arKtlviitioii :i von to! collections in both Superior and Justices' Courts. Itf .!. P. (CARPENTER, A 1 TO R X KY A T LA W, - L'TII Eli KOKin'ON, N. C. Collections romptlv attf iided to. llf HOTELS. I CHARLOTTE HOTEL, . , ClIAHLOTTE, N. C. W. II. Matthews i& Son. j ! :J 8: t f jTk mujunett"" IIOUSE RL'THEPiFORDTON, N. . Is f'prn for ihe vet onmiodationof the UsiVi-lliiijr public, jind with uo.d fai utteti Jive h(iaiits. 311. d rood stables rand (feed for liorsts, the put lietor. :ik. a share of patron jrr. CV JiURSKTT, Il ly . j Titph tor. ! ALLEN HOUSE. ILEXDERSONVILLE, N. C. T. A. A I LKN, Troprietor. ('odd Tables, M cut ive Servants, well vtn tilhitod l,!oiiis at d comlbrtable Stables. BUCK HOTEL, ASI'KYlId.K, N. C, It M. DEAVER, Troprietor. Flemming House, .liAUIO.X, c. !-:lI.)arl per Day, ' ! SI. 50 " Week, j 7.00 " 41 ' Month, ! 21.00 24-tf R. R. FR K KM A N; Proprietor. B U SI NESS CA 1WS. JKO. L. MOORE, Produce and Cotton Shipper, ; AND DEALER IX GENERAL MERCHANDISE, SHE LIZ Y N. C. 1 jrive strict attention to the forward pand selling Cotton, on Planter's accounts, tliroug'i my eoncppondents, in New York. Boston, Baltimore and Liverpool, and will fiegociate lor advances on Shipments, at a c.iarfie of $1, per bale. All persons desirous ' ' Shipping .on Accouut, cat confer with mo hy Letter or otherwise. Y 38:3ui BLACKSaHTHING. Bradley Dulton would annouccto his oIJ. lrienda and customers that his Shop is in full blast on Main Street', South ot the 'aiL Terbs as low as the lowest, Shoeing IIor$c $I.OO. Country produce takcu in paj inieut for work t market prices. ! "mm. Give Iiim a Call. 10-!y ST-CAROUNA record, IrBLisHED Weekly at 2 rEB Year, Clexdexin & Carpenter, RUTHERFORDTOX, N. C. 2 I western star lodge ! No. 91, A. F. 2I. ! I , . Meets regularly on the 1st Monday right I ;ach month, Tuesdays of Superior Courla, a on the festivals ot the Sts. John. fl If XI' II lfPl.'IMTMJ ' TTT r . Ju jiijt'K, see. - 1 WEST-CAROLINA 111 PUBLISHED EVERY SATl'KDAV. ' rp . V-Publis: HEES. RUTHERFORDTON, N. C. Teems or Subscription. 1 copy 1 year in advance, $2.00 1 copy G months " 1.00 Single copy, !''.'. .05 G copies 1 year, MO.OOf 10 " 1 " 16.00 20 " 1 " . 30.00 Specimen copies sent free. Rates of Adyertisixq. j Per inch, or less, 1 week, $1.00 " 1 month, 2.50 " " " 3 " 5.50 44 " 6 " 9.00 " ... " 1 year, 1G.00 SSTNon-objectionable local notices 25 cents per line. JE&T Advertisements are payable quarter, in advance. B5T Agents procuring advertise-1 ments, will be allowed a reasonable commission. JCsS"" Special arrangements, Vvhen electrotypes are furnished. t&" Objectionable advertisements, such as will injnre onr readers, or the character of the paper, as a high toned journal, will not be inserted. sT Any further information will be given on application to Ihe pub lishers. . ) A Sous for I'Oibcaiuiitc. JOAQUIN MILLER. Is it worth while thatve jostle a brother Bearing his load on the road of . life?. ,y" Is it worth while that we jeer at each other In blackness of heart ? that we war to the knife ? zGod pity us all in our pitiful strife. i -t God pity us all as we jostle each other; -God pardon us all for the triumphs we feel When a fellow goes down 'neath his load on the heather, Pierced to the heart : words are keener than steel, And mightier far for woe or for ' weal. . ' Were it not well, in this brief little . journey On over the isthmus, down into the tide, ! We give him a fish instead of a ser- pent, Ere folding the hands to be and abide Forever and aye in dust at his side ? Look at the roses saluting each other ;. Look at the herds all at peace on the plain Man, and man only, makes war on his brother, . - ' And laughs in his heart at his peril and pain; ' Shamed by the beasts that go down on the plain. Is it worth whilethat we battle to humble ; Some poof fellow soldier down into the dust? i God pity us all ! Time it soon will tumble . All of us together, like leaves in a gust, i Humbled indeed, down into the dust. The man who carries a lantern on a dark niurbt can have frienfls all around him, wal kin safely by the help of its rays and be not defrauded. So he who has the Godgiving light of hope in liis breast can help on manj others in this world's darkness, not to his own loss, but to their precious gain. When troubles come upon you, fly higher. And if they will strike you, fly still higher. And by and by yon will rise so high in the spiritual life, that your af fections will be set on the .-things so entirely above,- that j these troubles shall not be able to touch you. "Rise higher." "When God threatens, that's a time to repent ; when he promi ses, that's a time to believe; when he comraaiids, that's a time to obey. ;. The Charge delivered by the Hon. Robert P. Dick, V. S. Judge for the Western Dis trict of North Carolina at the opening of the District Court, at Asheville, !V. C, on Tn -day the 4th aay of November, A. D., 1873.- It Mr. Foreman, and Gentknlcn of the Jury. ' j The history of the world s lows that the happiness, prosperity and materai advancement or every na tion depends in a cjreat degree ufon the uist, impartial speedy administration of its and nicipal laws. The laws consti tute the basis and bounds of civil society, and are defined to; be, "rules of civil conduct prescribed by the Supreme power of a !tate, commending what is right,! and prohibiting what wrong.'! In this country such laws arc enforc ed in courts of justice, by certain regular and uniform rules of pro cedure, recognized bv the icom rnon law, defined by statue, established 1 by the course and and practice of the Courts. M , In all civilized States lawslare founded upon the great principles of tru th, .morality and justice Im planted in human nature by our Divine Creator; and are develop ed by the reason, wisdom and ex perience of mankind. Various systems of laws have prevailed among the different eivilizedj jna tions ; but the fundamental princi ples of such systems are in many respects similar, and in the pro gress of ages the ancient systems have exerted a beneficial andj en lightened influence upon succeed ing civil institutions, and altogeth er they form a grand systeni of jurisprudence, which furnishes1 in struction and guidance to the: en lightened statesmen, legislators and judges of every land. t TheEnglish common law which is the immediate basis of thejuns prudece1 of all cnlish speaking people came down from a remote -antiquity and consists of customs, usages, rules and maxiums con cerning the powers and property of men ; established, molded land developed into a systeni byj jthe common sene and experience of the English people during) jthc lapse of ages. I The principles of this law are not entirely embodied in statutes or a written code; but are to be found, principally, in the reports of judicial decision of actual con troversies; in the immemorial course and practice of the Courts and in the treatises of learned and able jurists and cornnienta tors. The original principles! of the common lawr were enlarged, extended or modified by the statues of the British Parliament and bv the, decision of the En glish Judges at various periods; so as to keep pace with the progress of civilization, and to meet the conveniences, wants and necessi ties of society, which were devel oped by the social intercourse, commercial advancement, and business transactions and rela tione of a ;free, enterprising, (in dustrious and highly- intelligent people. Y ! ! Our American ancestors brought with them ,to tliis cotin try the common law of r nglaajd, and claimed it as a part of tlleir birth-right as Englishmen, and the- rocognized and adopted such portions of it as was suited! to their own condition and peculiar institutions; and the Statutes) iof the Parliament t'.mendatqrj' of tlie common law, -passed before the Declaration of Independence are considered by American jurists as ar part tof our common hik Since the Independence of 4ir nation the common law in tliis country has been formed into! different systems by changes ajid modifications made by Legislative enactments and Judicial decision in the several States. A large mass of the principles of the American common law is the same in all the States, and tlie decision of questions regulated by these general principles are the ! same in all theTStatesand Xatioii- ! al Courts. The State Courts are the forums in which most of the civil rights of the citizen arc pro tected and enforced and criminal offences at common law are tried and punished. The Government of the United States derives its authority from the Constitution, and can only ex ercise the limited powers therein specified- and such are neces sary, and proper for the effectual discharge of its designated func tions.' Its Courts can only exer cise such jurisdiction as is express ly confered by the Constitution and the Acts of Congress in ac cordance therewith. The Con stitution, recognizes trie existence of the Common Law ''and its ob ligation force, and the National Courts observe and enforce its principles in administering, the civil rights ot the citizen in all causes coming within theif juris diction, where such principles are invalued. In criminal matters the National Courts havenocommon law Jurisdiction, and only hear, determine and punish such offen ses as are designated by Statutes ; and in such offences their jurisdic tion is exclusive, as no part of such jurisdiction aan be delegated to, or be exercised bv a State tn buual. In exercising their crimi nal jurisdiction the National Courts are guided by the -princi ples ot the common law in admin istering such remedial justice. AVe will now state some of the principles of tlie common Law, which are in full force in the Xa tional Courts, and applicable to cases which iriy come before you for consideration and action : These Courts are bound as far as their jurisdiction extends, to observe, secure and enforce the rights of personal security the rights of personal liberty, and the rights to acquire, enjoy and dis pose of private property. The Constitution of the United States in carrying out the Ancient and well settled principles of the com mon Law, expressly provides: " That the rights of the people to be secure in their person, houses, papers and effects unreasonable searches and seizures shall no be violated ; and no warrants shall is sue but upon probable cause sup ported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." u A waif s house is his castle" is an ancient maxim of the law recognized by all of our Courts, and no one has the right to enter a dwelling house without the perniissioiiof "the owner, except under due pro ccss of law. To this general rule there are some exception founded upon the great. public necessity for the speedy suppression and punishment of crime. If a person has committed, or is about to commit a felony in his own house, any person may enter to arrest the felon, or to prevent the commission of such crime. If a felou takes refuge in a private house, any officer of the law, or other jperson may enter such house without a .warrant to arrest such felon. But such ac tion without a warrant can only be justified b'showingconclusive- ly that a felony had been, or was about to be committed. Where an officer acts under a warrant duly issued, and strictly follows the commands of such warrant, ie is justified, even though the complaint proves to be unfound ed. j There are other cases founded upon great and overruling pub tic necessities, where a man's dwelling house may be entered, appropriated and destroyed for the public benefit, without any lega 1 p rogress t o which I n red n o t further allude. Such casses are regulated by well established maxims of law, which regards the general public safety and advantage as above private inconvenience and damage. With these exceptions a man's dwelling house cannot be entered against "his will, or searched, ex cept in the manner allowed and directed by law. Such warrants are justly, odious to a free people, and ought not to be issued or act ed upon in any case, unless all the requirements of the law are strictly complied with. These re quirements are as follows : 1. They can only be granted by la-y, and must not be issued, un til oath or affirmation is made be fore s.ucli officer, showing that a crime has been committed, and that there is probable cause to believc'that the offender or 'the property. which was the. subject or instruruent of the crime is con cealed in a certain specified house or place. 2. The warrant should particu larly specify the place to be searched, and the object for which the search is made. 3. The w;ar rants should not be directed to a private person, hut to the proper officer of the law authorized to act in such cases. 4. The warrant must expressly command the officer to bring the property seized and the person in whose possession it was. found, before the Magistrate that proper legal action may be had in the matter. The manner of proceeding un der the Internal Revenue laws in cases of seizure are expressly re gulated by. those laws. , Search warrants have long used to obtain evidence of crime against an individual in special cases where a person conceals that which is the subject of the crime and the. public has- an interest in it, or its destruction. These spe cial cases are well understood and defined in the law. .Thus search warrants are usually allowedfo search for stolen goods smuggled goods, implements gaming and counterfeiting, for prohibited liquors kept for sale or use con trary to law, for obscene books or papers kept for sale or circula tion, .and they are used in' other cases of a similar character. It is certainly safe and prudent or legislators in passing laws up on such subjects, and for judicial officers in administrating such laws, to regard all searches and seizures as unreasonable within the meaing of the constitution, which have hitherto been un known t o th e 1 aw. . ; V These stringent rulesof the common law, and the Constitu tion of the United States, exten ded especially to the dwelling houes of the Citizen, a,nd are not so rigidly observed in searching premises not used as a dwelling house. Congress' in the Internal Revenue laws has not authorized the officers of the Revenue to 'en ter and search' dwelling houses for excisable commodities by virtue of their official character, but in such cases thej must resort to the remedy Of search Warrant issued as required by law Such officers are. however,exoressl v authorized to enter in the day-time, without any process, the places where such commodities are manufrctured or kept for sale. In the case of spirituous liquors, they may en ter bv day or night, and if admis sion is refused, after they -have made known their official char acter and purpose, they ma' force an entrance, and all persons who refuse admission, or oppose such entrance are guilty of a violation of law, and may be' indicted and punished. This privilege of forcible, entry and search is only allowed to Revenue officers as to distilleries and buildings and daces used therewith, and any ibrcible j en trance made as allowed by law, i3 justifiable even although a distil ler is proceeding in his business according to law. The officers have an absolute right to demand and make entry in such places, which must not be withheld orde- nied. . : It a Revenue officer suspects that spirituous liquors or Tobao co are being removed in a wagon or rai 1 road car, or oth er co n vey ance, he must obtain a search warrant to examine such convev- and, and if he make search with out sach process, arid does not discover some violation of law, he may be liable to indictment, and civil action for doing so, in the State Courts. If he discovers a a violation of law, his condut is justifiable, and he may seize the wagon aud its contents, and also the team used for drawing the same. Where a person is liable to pay a tax or duty to the United States, and make a return of the- same to the Collector under the Internal Revenue laws, he -may be sum moned by the Collector to pro duce his books and papers, and he my be examined upon oath as 1 to his business connected with such tax liability; and his books and papers relating to such busi ness, may also be. inspected by the Collector. ; , This is a civil proceeding, and iiot a criminal prosecution, and the person summoned must an swer, even though the? testimony . may tend to . criminate himself. But the admission or disclosure thus made cannot be used against such party in criminal or , q nasi criminal prosecution. If a person fail, oi refuse to obey such summons, the power of the Collector is exhausted, and he must then apply to the Judge or some IT. S. Commissioner, of the district for process to compel such appearance and makes answers to the questions which may be propounded. I have been informed that some difficulty has arisen in the district from the action of Revenue offi cers, claiming the right to ex amine the private papers of indi viduals ; and official papers de posited in public officers. Previous to the 1st day of Oc tober, 1872j a number of paper writings used iu the ordinary bu siness transactions of the country were subject to a specified stamp duty, and if any person failed to use the proper stamp on such pa pers when executed, thej' became subject to Ifines and penalties. This law has been repealed, ex cept as to stamps on bank checks, drafts or orders, but it is express ly declared by such repealing acts, that all stamp duties,, fines and penalties heretofore incurred, may be collected and enforced. I am informed "that fhe Collec tors of Revenue are instructed by the Commissioner of Internal Revenue to proceed in all cases o collect from delinquents all pro per stamp duties. In obtaining information on such subjects, l am .inclined to , the opinion that he can only use, such means as are furnished by , the common law, by summoning witnesses to prove a crime. The right to summon a person to pro duce books and papers, only ap- ": plies when such pers6n is engag-J ed in such a trade or business as is subject to taxes, and when it . is the duty of such person to keep books and to make sonic return ; to the officers of the Rev.enue. Congress may have, the right to vest this extraordinary power in the Revenue officers in the case of . stamp duties on paper writings, but it has not done bo. The making, signing, and usinga pa per writing without the proper stamp and with fraudulent in'tentT subjecting; the party to" a fine audi penalty, and also the paper is de clared void,- The issuing or using , the paper is essential to constitute the oft'eiise and this fact may be known and proved by witnesses, The Act is penal and must be strictly construed. If a person, make, sign and issue such un stamped paper a fraudulent intent is presumed by law, and the per son charged must prove the con trary to the satisfaction of a jury. Such is my opinion of the law upon such subjects formed upon general princpples,and upon a careful examination of the statutei . and adjudged eases w hich T could find. If the District Attorney by reasons and authorities y Inch ho can produce, dan convince, me of my error, I will cheerfully yield my opinion and administer the law as I may then understand' it.; The Revenue officers certainly' (Continued on Second Togc.) r; if i i IL in n fl: ' . : V 4 . j t ! 'I;. a: Y fe sr I- i
The Rutherford Star and West-Carolina Record (Rutherfordton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 29, 1873, edition 1
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