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- 4 1 The News and Observer, ; Tfcj r.': tsi C-::rcr tc. C ..'. JOSEPIII7S DAXXZL3 . , - President. ; ' . ;:'Vi Office: News and Obscrrtr ( Culldlni, ''t W'e' IftKia Street; :fe ;-.v - , f tXlUE ONLY PAP EH PUBLISHED AT TUB STATE CAPITAL USIWO Full : Associate j Press B:;3rt. . SUBSCRIPTION FIUCSx . - tor Tear.. .... .. .... ..S.aU V Klx MoatHa .. .. ......... M0 Entered at tha postofflca at Raleigh M. C. as aacond-claas mall scatter. VEDXES AY. . . . . . . March 25, 1908. MORNING TONIC. ' (Phillips Brooii.) s ! If I could choose a young man's companions, some should be weaker than himself that he might learn pa tience and charity; many should be x nearlv as oosslble his equals, that he might have "- the full freedom of - friendship: but the most should be tronger. than he was, that he might forever be thinking humbly or. nimseu . and be tempted to -higher, things. The Supreme court Judges have evi dently been reading Roosevelt's , Fed erailstlc teachings more than the Con stitution and. decllsons of their own court. ! It Is hardly true of them what Duncan K. MacRae once said of a s North Carolina Supreme Court: "The Judges overrule vthemseiyea without knowing it." The majority of. the Supreme Court tudges were informed ; by Justice Harlan that "they were over- ruling themselves. ' We are headed to v ward complete centralization if there -, la no hold up and that by the "Judicial Interpretation Rooseevlt demanded. Robert Downing, who won reputa tion as "Vlrginius" in the Gladiator. ! la now preaching in evangtllstli ser , victsjn a Methodist church in Vash lngton. "No , pleasure of my former :ifo ever brought me the Joy fhat I JiaveTexperIenced In I helping to win : eouls to Christ. Brother Mawe might send this to "Brother Dixon. . i The school tax election to be held in Raleigh next month la by all odds "i the most important township election of a . decade. The continued useful ness of Raleigh's splendid schools is at . : stake. Plato truly said: "Better be unborn than 'untaught, for Ignorance Is the root .of misfortune.' , - Nearly all the delegates elected from Rhode Island are well known Bryan men, though there; were no instruc tions. The . attempt' to make failure to Instruct , in Rhole Island an anti Bryan victory has : aa much founda tion aa to aay failure of the North Carolina committee to instruct was an anti-Bryan victory. 'The American saloon Is a relic of frontier days, an institution the like i of which cxlsti In lio other country on the earth It prospers best when it can make two drunkards grow where but one grew before.. The Ohio brewers recognize that It must be prohibition; or reform.,Collicrs Weekly. , ' -The plan to establish a memorial to the late Nathaniel - jaeobi at the Odd- Fellows Orphanage at Goldsboro ."will be widely approved He had. a great heart and loved his fellow men and the name of Nathaniel Jacob! "win be remembered as that of a citizen without guile. ' . . In Tennesseee candidates are brand ing each other as "cowards and liars." Let us hope North Carolina will escape such political -high-Jinks" i Plain find straightforward statements with out "branding" epithets have more ef fect with sensible voters. Governor Glenn is no doubt- glad sow that he called the,' extra session ind, secured the ;: ratification of the compromise.'. It looks like he feared the Supreme Court would out-Hamilton Hamilton. . , y ' Justice Harlan is a Kentucklan. He has evidently read the famous "Ken tucky Resolutions. No other mem ber of the court seemed to have read thera. ,-v':' .;'-' . "' : Henry Watterson, Interviewed In Cuba, says that Bryan and Taft will be nominees and that Bryan will win. He added: "No party can stand against hard times." . . . Prohibition was submitted to the people by the legislators of both politi cal parties and Is advocated by men of both parties. The attempt to drag politics Into it will not be approved. Mr. Jefferson was- right when he called Federal Judges "miners and tappers They take all the power they can and generally it Is used to protect ipecial privilege and "the Interests.": 'The Dally News, of Rock Island. Illinois, was a vigorous opponent of , "uloons and gambling hells. Its building was blown up "by' dynamite. Lawlessness" is often bred by liquor. - The railroads will be more domi neering in politics than ever. The people must be eouragebus and keep the rule In their own hands. ' - ... .This pa ptr feared the Supreme Court would out-Hamilton Hamilton- Oh a t Is why ji ,.'""'--in the comproniss.' " . ' : THE SUPltfaOi: COURT'S SWEEP ING DECISION. . The decisions of the Supreme Court of the United States ; In the cases growing out of statutes regulating rail road rates Vn the ( States of orth Carolina and Minnesota appear finally to confer Jurisdiction upon 'the In ferior , Federal courts to susoend at pleasure the operation of any State law until a final determination by the Supreme Court of 'the ' United States as to whether or not ita provisions are repugnant to the 14th Amendment to the Constitution of the United States, which prohibits the taking of proper ty "without due process'Of law." In the case from North Carojlna an agent of the Southern Railway was tried and tonvicted of selling tickets at a lower-; rate -than that prescribed In the passenger rate bill of 1907. . He was at once released on a petition in Judge Pritchard, who based his de habeas 'corpus, heard before clsion on the finding that the. penalty section of the rate law, which made a sale by agents in violation of the rates prescribed a misdemeanor and gave to the person aggrieved a penalty of $500 against the railroad selling such ticket, was unconstitutional in that it was an at tempt to: jirevent the railroad from asserting its7rights in the courts under the Constitution. In the Minnesota case,1 the Attorney General of the. State had been held in contempt by a Federal Judge for pro ceeding in disobedience of his Injunc tion to initiate an action for the State in the courts of the State itself. It will thus be seen that the decision of the highest court, . which sustains Judge Pritchard on the .one hand in his finding that the penalty section was unconstitutional, and which sus tains on the other hand the legality of the rule 'of contempt issued against the Attorney General of Minnesota, conclusively determined the two main contentions of the several States tToat have sought to regulate rates by legis lative enactment in despite of Federal injunctions against the states. Those two contentions, which in one form or another constitute the basis of the whole mass of recent rate liti gation, were: ; v First.; That the Federal courts had no, jurisdiction to suspend the opera tion of a law passed by the Legislature by reason of ; the inhibition of the Eleventh1 Amendment to the Constitu tion of the United States forbidding a suit against a Stateand, . " Second,' that,' even if the Federal courts Had in any way acquired juris diction, their jurisdiction .being (equitable,- they had no "power toMnterfere with the administration of the crimi nal laws of a State by the courts thereof.6 .'''.. . The Supreme Court of tthe United States has now held that the inferior Federal; courts have the Jurisdiction to suspend the statutes, even when the law is "self-executing and not de pendents upon any officer for its pro mulgation, and that the Federal courts have likewise the jurisdiction to enjoin an action in the State courts and to release upon habeas corpus persons convicted In the courts , of a' State upon the : finding that the penalties prescribed to ensure the enforcement of the law which has been violated are unconstitutional.' .In this situation, it Is difficult to ascertain ' what ljas become of the Eleventh Amendment unless it has been -practically decided by, the court that it was swallowed in the Four teenth. Probably it i the fact that what Judge Avery said when he ap peared for the Southern Railway in the criminal proceedings against it and its agents n Wake County. is literally true : ; That when he laid down, his gun at Appomattox, he knew that State's rights Was dead; that experi ence had Confirmed his impression: and that the only thing' for the South ern people to do was to recognize the Inevitable. , - Graveas the decision is to the peo ple of J he South, it must not be con strued as denying in toto the right of a State to regulate public service cor porations,; although it will in many quarters be considered tantamount to that The equity litigation whtcb is stilt pending between the railroad on the one hand and the State on the other is not affected by the decision, except irvso far as the State's conten tion as to the jurisdiction of the Fed eral Court is decided In these other cases adversely to its view. That liti gation will, of course, never go to either the Circuit or the Supreme Court fordecision, on account of the recent agreement of compromise en tered into between the Governor and the railroads and endorsed by the Legislature. -'t In the light of the decision in these causes it is interesting to note that both the opinion of the North Carolina court in the SSOOOO fink case and the dissenting opinion of Chief Justice Clark In that appeal are over-ridden. In the opinion of the North Carolina Court Justice Walker held, with much authority, many cases being from the Supreme Court of the United States, that the Federal Court did not have jurisdiction of the subject matter on account , of ; the inhibition of the Eleventh Amendment, but that, in the case of the fine imposed by Judge Long against the railroad, the crimi nal section of . the act ''. imposed no penalty on the corporation for the vio lation of its provisions. The court, through Justice Walker. held that Agent Green was properly convicted, despite the injunction of Judge Prit chard, but . that , the only, remedy against violations of the law ' by the corporation was the suit for five hun-. dred dollars penalty' prescribed by- another section of, the act. . . Chief Justice Clark, on the, other hand, while holding with the majority of the court respecting the lack of juris diction y in - Judge Pritchard, went further in his dissent arid contended that a corporation that advised an agent to commit an act declared to be a misdemeanor, was guilty as an Individual would be who- would ad vise and procure another to commit a crime. i The decision of the highest court in the land, however, sweeps away both these contentl6ns Impartially, sweep ing away at the same time Its own express declaration of the law as laid down by it in the case of Fits vs. Mc Gehee. THE NEXT GREAT ISSUE. When the national rate bill , was pending in the Senate, the majority of the Democratic Senators, lead by Sen ator Bailey, of Texas, sought to put In the bill a section which should pre vent the Federal Courts from enjoin ing the orders of the Interstate Com merce Commission pending a Judicial determination as to the fairness of the rates prescribed. This provision was supposed to be favored by President Roosevelt who, through the medium of ex-Senator Chandlerl was at the time dealing with Benjamin R. Tillman, of South Caro lina, in whose hands the Senate Com mittee had placed the management of the measure. Suddenly, to the surprise of Tillman and Chandler, the President gave up this Important feature of the legisla tion, yielding to the demands of Sena tor Aldrlch and other trust and rail way Senators, and incidentally gave ex-Senator Chandler membership In the Ananias Club for the crime of re membering what the President had said before hechanged his mlrid. This much of ancient history.! in the light of the recent decision of the Supreme Court of the United 'states that confera almost limitless jurisdic tion on the Inferior Federal Courts that may now act with impunity as the absolute arbiteis of whether or not a State may enforce its statutes after haying passed them. The result shows how well founded were j the fears of the Democrats who fought for the provision first advocated for a time by the President, and Indicates a rem edy that may be far away, but that we believe will yet be applied, jj The remedy Is the statutory limitation by Congress of Federal Court Jurisdiction. That jurisdiction, by virtue of the de cision of the constitutional Supreme Court, has been extended t a oint never dreamed of before even by ti?e most pronounced a ivocatcs of central ization. It shatters the last pretense of a duar form of government jM' at first contemplated by the. founders of the Republic". It leaves the states the shadow, and takes from them the sub stance of authority. It puts' a State ap pellate court (so far as any case of which an Inferior Federal juJge; may see fit to assume jurisdiction) In a po sition somewhat less important than the court of a Justice of the peace in the judicial system of Xorth Carolina. Yet the State Courts are Constitutional bodies, and the inferior Federal Courts are statutory bodies. The people, through their representatives In on gress, sought to create a servant. Their creature has been ma Je their master; ' i . This Is an anomalous condition land one that cannot last. Sooner or later Congress must act. It is within its power to lay down in the exact terms of a specific statute what class of matters shall be within their jurisdic tion and what shall not be. As the judge-made hjw of the land now stands it waits only a small stretch of authority to put the special tax bonds, for Instance, into a judgment against the State, with the power of the na tion behind the enforcement of the ex ecution. Already Judge Pritchard, sus tained in one apparent usurpation of power. Is reaching out to take from a Sovereign State the control of the money In its treasury. Today, on the markets of the country, railroad se curities arc advancing because the im pression has gone out that the people are beaten: because the people of the country have learned that, if the need Is for a Federal Judge, the railroads always have one ready1 at hand. J But, In the day of rejoicing, in the ' new flush of a threatened power, there has struck somewhere in the future a day of reckoning. It will require the fight, ing out of an issue that will shake the country, but it Is not for patrotism to doubt that the people will some day , again secure their right to govern themselves. I THE WILSON CONNECT IONS, J We have already referred locally to the Inconvenience to the traveling public occasioned by the closely miss ed connections at Wilson between the East, and West bound trains of the Norfolk and Southern Railroad be tween Washington and Raleigh and the North and South bound "Shoo-fly" trains on the Atlantic Coast Lin?. The : inconvenience already experi enced will be accentuated when the Southern ' Railway takes oft the twu local ; trains between Ooldsboro anil ireensboro next week. The Norfolk and Southern has In the past made it a v policy to act for, the comfort of its patrons . when- possible, and there is no apparent reason why j It should not co-operate with the ; Cor poration Commission!, If 4 that bod should see fit to bring to pass con nections that could be' easily made and that .would be of much value to Has a tion than any other oubli This is, by far, the largest circulation ever achieved by any weekly magazine in this coiintry. Exactly nine years; to a day, since George Horace Lorimer became Editor-in-Chief of ; The Saturday Evening Post, an average increatse! in its circulation of a hundred thousand copies a year has proved its editorial quality arid: conse quent popularity; Five cents the copy ; $150 by the year. i v Our Boys Are Everywlhiere The Cartio PubliohanjoE Company, Philadolphla Pa. a larp-t portion of the traveling pub lic. . - . As It Is now the Norfolk and South ern leaves Raleigh in the mornlntc at 6:35 a. m., arriving at Wilson at 8:35 and missing by twenty-five minutes the A. C. L. train from Fay etteville to Rocky Mount that pauses Wilson at 8:10 o'clock. Returning the same train arrives at Wilson at 8 p. m.,' leaving before the arrival of cither of the- trains from Rocky Mount, at 8:47 and 8:67 .respectively As a result the traveler from Raleigh tot many sections of Eastern North Carolina Is forced to- leave here sev eral hours earlier in, the morning by the Southern and ' experience a long wait at Selma and travelers from the East are compelled to come to Ral eigh via Selma, arriving here ' two hours later and after a longer trip. As the necessary connections to obvi ate these difficulties could be made with small changes by either road, it would appear that the reformation of the schedules would be harmless to the railroads while . beneficial to the public. ,. . , - ' In Leslie's , .Weekly, Charles M. Harvey, writing of the .. Republican National Convention, says: "Avoid the scandals associated often in the past with the; selection ol Southern delegates and tflfeir conduct In the conventions. ' Keep the' Federal of. Qce-holders in the background as far as possible." But Teddy arid "Me Too" need , them In their business. The; same arguments that are being used today against i Bryari were used to nominate ' Parker In ' 1 9 0 4. ' , By the way, did the New fork .World and the Brooklyn Eagle elect Parker? Vote State Prohibition and we will have peace (n North Carolina and money now going out for liquor will stay at home to procure better food and belter, clothes. . Booker Washington advises the mem bers of his race not to worry about the national debt until they have paid the corner grocer. , That's sound ad vice for men of every race. ! Knlcker -What did the doctor re commend for a diet? Bocker lie cut out everything ex cept the tip to the waiter.- New York s t i . , ' larger paid cation in The edition for last veeK was COTTON . To the Editor: Not plnce the tlrrfe the Southern; Cotton Association was organized, has there been so great a need for a strong organization in the South, for the protection of the price of cotton asjat the present time. , . Here wlthi Ian admitted shortage of near 3.UOO.04O for the adequate de mands of the world, the speculators un warranted ly 'drive the price down 110 per bale In the face of these facts: j . . v'.; .... Are cur faimers and business men to sit quiet: and ee their asset for doing business, lifted from beneath them? sNo.) jnever. Then let every man in every rcotton county, get to his county court house on Monday, April th, and lok; tho situation fairly in the face, wj fre up against a serious problem and jonei which requires the immediate j consideration of every thinking man.! . School hbuao meetings, cross road meetings, blacksmith shop meeting should be called at once. Do not wait for some pne to suggest the place for your neighborhood, go to ' work and call out your neighbors, get them all' out, tenant! and landlord and look at what Is before the business inter est (no matter of what kind) of the State, If the calls of ; cotton Is per mitted at present prices, stop the sale of cotton and Cut off the planting of cotton at lejist 25 per cent, one half would be even better. -; Landlords Just so sure" as you per mit your "croppers" to plant the same acreage ' as jthey had last ' year, you are helping Jto fbrlng stagnation to all business interest In the State. Talk to the one"" and two horse farmer who1 does not read Ahc paper, tell him about the Southarn . mills piling up their iproduetsh because they can not sell, tell him to cut out cot ton and rale torn to sell at 75c. to 91.00 rtr bushel, hay that' is selling at 818 to 832 per ton, oats that sells at 8 5c; to 7 5c. per bushel. ; Tell them to raise hogs and make butter, any thing ratherj than to ruin every busi ness In the; Sduth by making more cotton when the world will not con sume at a' fair price, the small crop ct 1907. 4 ; : The farmers of North Carolina cot ton, counties' are In good condition, in fact they are more independent than they have been: for years. ; ; It Is r Up to them to now use good business judg ment and save the business interest from . disaster, i President tA.'J.- McKlnnon will call for cotton association meetings in WnAT CAUSES IIEADACIIE From October to May, Colds ar the most frequent causa of Headache. LAXATIVE BR0?!O , QUININI3 r'j, cioves causs. 12. - J, Crova ca t:- 21c, r m V- n POST cif eula weekly President every county for Monday, April . Let every farmer and every business man hear that call and go to the court house. C. C. MOORE. Charlotte, N. C March- 23, 1808. "I ear your wife was a prominent member of the Mothers Congress. "Prominent?; Chairwoman of the committee on measles." Louisville Courier-Journal. ' , . -. Z3 ' : Kleadaclhieo IT MAKES MUSICIANS OF US ALL. THE EMERSON ANGELUS A Combination piano and player In pne. , Two i Instruments complete In one case. The Emerson Is a piano of the finest construction. ' N o 'piano will outwear or prove more sat isfactory. Tlie Ange- ius as a player has proven itself so far ahead of all others tliat It needs no com ment. . Ii combining the two wo have as near a perfect piano and player aa the finest experts In this country can devise. nil In one case. Send, for catalogue,- terms and prices to r ! 1 -v. M 1 v j Americ owe one to No. to- , West Hargett Street, next to Pes- v-, md' dru-r store, call us on IlalcUrh 'Phone No. 101 , v ( Capital City Thono No. lort or see us. We have-prppcrty for salc alao for rent, tlutt may Interest yon, , And remember, ' tre are . prepared to write all kinds of Insurance. . ' HIGHTOWER & FORI IV ,. ::: curjcn o- ixEd 1(0)03113 SEE THEII TODAY J, f.l. PAGE r.'ULE GO. Low Hates end Lliho Books via Seaboard': Coamene 0:l Ing "i April 1st.-?; ; -: I On April the 1st the Seaboard Air Line Railway will put on sale intra state rates In the State of North Car olina at rate of 2 1-2 cents per mile, and as soon thereafter as possible, will Issue tariffs governing Interstate rates to- all points south of the Ohio and -Potomac rivers on basis of 2 1-2 cents per mile, It being understood, how ever, that the R. F. and P. will con tinue the use of -the 13.60 rate be tween Richmond, Va.,. and Washing- . ton, D. C- ; : f . Two thousand mile books interstate and interchangeable will be sold for 340.00 good for five or leas people, members of a firm or corporation, only one person being allowed to use It at a time. . , : - One thousand mile books interstate and interchangeable for $20.00 for person whose name la shown on cover. Five hundred mile family book good on tie Seaboard in - North . Carolina only, for $11.25, good for five or less people, who can all use it at the same time. . . '"';. - . - : The two thousand mile booka and the one thousand mile books sold at rate of $40 and $20 respectively .will be good ; over practically all of th principal lines la the South and East, including , the Southern Railway. AU lantie Coast Line. Norfolk and South ern, R. F. and P. W 3 Aberdeen and Aaheboro and Bay Line.. 4 For further Information apply to ticket agents or' w; ... . -;:;-y-:-y-';C. H. GATTIS. ' Traveling Passenger Agent, No. 4 W. Martin SU . (Tutker Build Ing), Raleigh, N. C. 1 imr,ES)S , XV c give particular attciiUon to re-. ' mounting dlamouds n& . other precious stones, and we can prom- : Iso that any gem wt by m win bo skilfully, artistically and securely mourted. -All repairs- whether oni watclios, clocks or Jewelry are given es pecial care here. ' t . : ' We tako -' pains to Insure having little Jobs, as well J as iblj ones, done rlhL ' And. our diargeo for everything In tills. line . are the 4 lowest consistent with th high grade of work we do rr. iris, . - C-J. UIXCAGE EOOKS. 1 The Seaboard has" placed on c&la 1.000 mil Intercharigeabla books for $22.50 limited six months, good cn.'y for local travel In North Carolina, 03 . tha following roads: seaboard Air Line Railway, south' ern Railway. Atlantic Coast Line. Carolina and Northwestern. AhsrdetB and Aaheboro, Norfolk and Southern, v (Bauafort Division). Danville A Wesfis am. CL If. GATTI3 f Light your goods . on : the counter," "Not the ceiling rr- r.y. T?1 A 9 jr .5 RIIESH 'ELECiCIC C0S , , ALL PHOIIES. .vW?.lant very tl4ln woman it the United Etatea to know what w txa dolns. Wa are curing cancer tumors and chronic sores without tn use of knife, and are Indorsed by t'.i. CenaU and Lrl:latura o! Vlrrinla If you era telrr a cvrr. come her..' and you will c-t it , . V ;. 7TT r::-z ' -r- C r Cure- ' mm i-mm
The News & Observer (Raleigh, N.C.)
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March 25, 1908, edition 1
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