The Asneboro Courier
PRICE ONE DOLL Alt A YEAH
Wm. C. HAMMER, Editor.
The board of aldermen of the city
of Raleigh are considering the price
and legularity and charges of hack
fare in that city; .-roviding the
maximum charge shall be not more
than twenty-tive cenvs from one
poiEt to another ;u the city, and not
more than four persons including
the driver, shall ride in a one horte
hack.
It is suggested that the hack
drivers of Raleigh should apply to
Judge Pritchard for for an injunc
tion to prevent the euactment of
such an ordinance as this.
It may not be in general use, but
it ia nevertheless true, that there
are towns in North Carolina that
compel each hack man to have the
rates posted in his vehicle in a
conspicuous place. This law has
worked well, and prevents hackmen
from charging excessive prices for
ladies tfnd children who will not ar
gue against the price.
The department of Agriculture
proposes to etna lectuiers through
the country to explain to farmers
and especially to their boys how
more money can be made out of the
farm.
According to Judge Pritchard, a
place to test the constitutionality of
a state law is not in the state court,
but in the Federal court, by getting
an injunction upon that question
before the question of constitution
ality is passed upon.
There are sixteen Superior Court
Judges in North Carolina and five
Supreme Court Judges. There are
sixteen judicial districts in the
state, and the Southern Railroad
and the Atlantic Coast Line, either
one or the other have lines of rail
road in practically every judicial
district of the State. The fact that
these railroad corporations refuse to
have their rate grievances oensidered
by the state courts, and by this act
say, that they do not wish for any
couit. to try cases in which they
are interested is an evidence that
the State courts are not what they
ought to be, or that these corpora
tions are extrenielv bad.
It strikes us that a lack of confi
dence in the courts of the state on
the part of these corporations does
not speak well for the corporation.
It is because it is certain that there
is some one of the sixteen judges at
least, of the Superior Court who
would give a fair hearing.
The truth is, that every one of
'the sixteen judges of the Superior
Court would be perfectly fair to the
corporation and to any one else.
We have no doubt about the truth
that the purpose of rushing into
the Federal Court is, that they do
not want justice, but want favor
itism. The overseers of the roads of this
county, who have not worked their
roads six full days during the past
year, may have trouble when the
magistrates in the various townships,
bold their meeting in August.
Instead of obtaining an injunc
tion without having any evidence
to support the case, the affidavit
filed by the Southern Railroad being
purely conjectural, containing only
what would or might be in case the
raihnm) sold tickets at the price
tixed by law. Suppose Judge Pritch
ard bad done like a sensible man
and said to the railroad: "Here you
are with your conjectural affidavits
reciting what eventually will occur
in the event you should do what a
certain state. law says you shall not
do." And suppose Judge Pritch
ard had gone on and said further:
"The law is probably unfair, and
you have a just grievance, but you
.have furnished me no evidence to
sustain an injunction of the charac
ter which you ask. I advise you to
go back and test the new rate, place
yourself in a condition to furnish
me with testimony and come back
with affidavits containing this, and
no conjectures and no prophecies,
and I shall, gladly consider your ap
plication, and after considering the
evidence and do prophecies based on
hypothetical conjectures, I will
grant yon the relief you request."
( ' '
Why is it that some Federal
judges, in the South, go at things
in such a high handed mauner? Is
it because they want to get even
with those whom they realize do not
have high regard for their official
conduct? -Federal judges, in the
North, do not go at matters in the
same way that some of them do in
the South. How can any oie olame
the State of North Carolina in en
tering its earnest protest against
Judge Price hard's foolhardy move
ment? The exercise of the arbitrary
power on the part of this Federal
Judge in the late rate injunction in
Noith Carolina ia without precedent.
It is true that a California case is
cited for authority to justify Judge
Pritchard's actions in the rate case.
It will be found that the facts are
so very different from the facts in
this case, that it affords no justifi
cation or excuse or authority for
the high-handed manner in which
Judge Pritchard has attempted to
hold up the administration of the
affairs of this State.
No one disputes the fact that the
railroads have ample reason to ap
peal from an act of the General
Assembly, fixing the maximum rate
for their passenger and freight traf
fic. The point on which we insist
is, whether a Federal Judge can
overrule a state h"-, and annul an
act of the Legislature of a sovereign
state before the State or the consti
tutionality of the act is declared.
We have, in North Carolina, a
Federal Judge who has undertaken
by an injunction, to declare, null
and void, an act of the Legi statu re
and has held up the operation of
two of the statutes so enacted by an
order in which he makes proclama
tion that of all persons, and of all
courts, wheter in their civil or
criminal capacity, shall refrain
from taking any nteps toward the
upholding of the law of the sate as
to these two particular statutes.
The question at issue is, whether
our members of the legislative have
the power and capacity to enact
laws to govern the citizen hip of our
State without interference and with
out first consulting and getting the
consent of certain Federal Judges.
We talk about the boasted free
dom of America; there is not, out
side of Russia, a country in all
continental Europe, whether e Re
publican or Monarchical institution,
that would tolerate such conduct
on the part of their judges as that
of Judge Pritchard in his recent
injunction proceedings.
Judge Munger, of the United
States District Court of Nebraska,
has quite different ideas from Judge
Pritchard, of North Carolina.
Judge Munger refused an injunction
restricting the state railroad com.
mission and the Attorney General,
of Nebraska, from enforcing the
law by the legislature reducing
express rates in that state twenty
five per cent. Judge Munger evi.
dently thinks that the state has
some rights and is entitled to decent
consideration.
The Washington Times says that
Assistant Attorney General Sanford,
was not sent to North Carolina as
reported, for the purpose of aiding
Judge Pritchard, but to try to per
suade the officials of the Southern
Railway to withdraw their applica
tion for writ of habeas corpus before
Judge Pritchard. The Times fur
ther says:
"Judge Pritchard has got the
department of justice by the ears,'
declared a high government official
today." 'He is inteifering in a mat
ter in which his jurisdiction is ques
tionable and waving a red flag of
legal irregularity in the faces of the
already infuriated state officials. If
he does not involve the government
in a serious muss it will not be be
cause he has not laid a perfect
ground work for trouble.' "
We may be mistaken but in' our
humble opinion Judge Pritchard
has greatly excelled his authority
and has made matters woise in
law argument in favoring the holding
up and nullifying state laws. From
the law of his opinion he is in ill
humor because the judges, solicitors,
and grand juries obey their convic
tions instead of Judge Prichard's
threats and blanket injunctions.
Ex-State Treasurer W. H. Worth
suffered a stroke of paralysis on last
Saturday.
IK
U
w
It is bo longer a question of pas
senger or freight rates l.ut that
which is attracting most attention is
the effort of a Federal Judge who
has never siecially demon stiated
any paiticular qualification for the
position he holds, in his effort to
hold up courts and graud juries
from proceeding in an orderly tutu.
I ner with the busiuess of thi crimi
nal courts.
Judge Pritchard is not pleased
because the State of North Carolina
does nut sit down and let him and :
his deputy marshals dispense pub-!
lie justice in this good state.
FREIGHT DISCRIMINATION. ;
C;v. ;lenii Turns His Attention to An
other fare ot Public Service.
Raleigh, N. C, Taesdny, iO.
Governor Glenn today iasued
circular letters to the tiaffio mana-'
gers of the Southern Railway, At-j
lantic Coast Line, Seaboard Air.
Line, Norfolk & Western and other
railroads operating in this State
telling them he desired a conference,
in which they and the uiembeis of
the Corporation Commission and
Gov. Glenn would participate with a
view to eliminating the freight rate
discriminations against North Caro
lina cities as compared with Virgin
ia cities. In the letters he informed
the traffic managers that the last
legislature appropriated $4,000 to
maiie the fight against the freight
discriminations, but he hoped to
make an adjustment without mak
ing a fight. Ha said he would name
the date for the conference as soon
as he hears from the different traffic
managers.
The Industrial News is right
about one thin?. It sava the onm.
mittee could have selected any one
else as easily as it selected Mr. H. G.
Chatham. That's so, and by that
declaration the News absolutely de
stroys its own argument. Newberni
oun.
Yorktown Monument, Scene
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O V
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ABOVK I A Plt'TI'KR OK TUP. PR A K I J V 1 LLE K1VP.KSIDI: BAXI.
The officers arc: Prof Poc Warburton. BanJ Master; R I.. Elkins Manager; Huih
Parks. Jr . l.eade-, !. Duve.Ser-. & Treas.
Memliera: T oc ft'm luirMn. Mnsifi In'rector; HngtParka, Jr S. lo Cornrt; U. L. Klkina
S.1I0 Cornet; .r.-'r Braily, B Bat Clarion-1; F. M Wriht. Fir.t Cnrnt: W D.
Manor. .Second On nl: Murk Maner Third Cornet; Prof. D. M Weatherly. Fir t Alto;
John Brady, Second Alto; T. B. Dove, First Tenor; Clnrem- Parks, Seen-id Tenor; H.
T Parks, Solo Hide.Trnnilnne; D. Dove, Baritone; H nry Black, B Bass; T M
Jennings, E Baas; Willie Upton, Tenor Drum; Jrhn Freeman, Bass Drum
This Bany was organized July 1st, 1906, and has been under instruction of Prof Warbur
ton since that time, and now is veiy well prepared to furnish first-class music fur the
public.
Moore County News.
Carthage, July 30. Winder Mc
Iver, colored, who escapd from the
chaingang at Ccle's Mills a er or
so ago, was captured in South Caro
lina last week and brought ack to
Carthage to serve out his unexpired
term of about 8 mouths.
Mrs. Anuif Fowler died at lioai -ok",
Va, last Friday. The remains
arrived at Glendoii last Saturday
evening aud weie interred in the old
Tyson cemetery. Mrs. Foler was
a daughter of the late Thomas Gard
nei and a giaud-daughter of the late
Hnis Tyson.
Court next Monday week, August
12th. Judge Webb will preside.
It n ill be a ciimiual term, and the
docket is a very heavy one.
Mr. S. G.Holleman was stricken
with paralysis at his home -at ()r
thuge last Sunday afternoon about
4 o'clock and is in t very precarious
condition.
LIBERTY VICTORIOUS.
I roiij;! v Matches Axlieboro in Hall
Game Here Last Week.
Iu a good game of base ball on
the local diamoud last Thursday
afternoon Ashehoro suffered defeat
at the hands of the Liberty team.
The score was 3 aud 1, and the
game was replete with fine plays.
The game was clean throughout,
and thoroughly enjoyed by all.
Liberty has a strong aggregation
just the kind our boys like to meet,
and Asheboro is looking forward to
the date for another game with
them, at which time the tide is ex
pected to tarn.
Death at Hannersvllle.
Mrs. Charles Plummer, sister of
W. J. Miller, of Asheboro, di-d at
her home at Hannersville Wednes
day night of last week. She bad
been ill only a short while. The
deceased is survived by her husband
and two children, and was loved by
all. The fnneral was conducted
Thursday at Pleasant Grove church.
The bereaved husband is a brother
of K. P. Plummer, of Asheboro.
f
of Surrender of Comwallis
Ride From The Exposition.
? 4
Mt. (illecd News.
Miss Fannie Brutm left last
Thursday for the Jamestown Expo
sition. She gets her trip compli
mentary from a shoe company in
Chirlotte.
M ins Fannie, McKinnon, of Wade
ville, is visiting lelatives in town.
Mr. R. A. Linuou and daughter,
Miss Jennie, spent Wednesday in
Norwood having dental work done.
Miss Asbury, of Asbury. is visit
:ing at Mr. Jim Steeds.
! Mios Mattie Taylor, of Albemarle,
lis visiting Miss Stella Scarboro.
I Mr. Eugenia Tafr, who has been
suffering for some time with weak
i eyes, ent to Salisbury last week for
treatment.
We are glad to ee little Miss Ma
j bd Ingram ont again after having
! measles aud pneumonia.
Mr and Mrs Wm. B irk head, of
Capelsie, spent Sunday with Mrs. R.
H. Scarboro.
Miss Janie Parker is visiting rel
atives in Wadeville.
Miss Lilly Cox begun the summer
school at the Haywood schwlhouse
Monday.
The protracted meeting will begin
in the Baptist church here the third
Sunday in August.
Mrs. 'L A Williams, of Norwood, is
visiting in town.
Mulcide At Greensboro.
Greensboro, N. C, July 30. Mrs.
Mary E. Sykes, mother of Archie
and Eugn Sykes, leading druggists
here, was found lying dead in a pool
of her own blood in her bedroom
this afternoon, having sent a pistol
ball through ber brain. Physicians
say she had been dead several hours
when found 1 7 her youngest son.
She was sixty years old and was a
lovable woman. Despondency over
the death of her son a year ago is
the supposed cause of the rash act.
Associate Justice Conner has re
fused bond to Dr. and Mrs. Row.
land, of Wake, without prejudice to
either side.
to Washington An Hours
CONDENSED NEWS. ,
Thesa.v aud planing mills of
Whitley & Sons, of Rockingham,
were burned last Wednesday night.
The loss is estimated at $5,000.
A terrible mine disaster at Tokie,
Japan, last week killed 500 men.
The cause ofthe explosiou is an.
known.
Rev. W. A. Lambeth, of Greens
boro, will exchange pulpits with
Rev. V. F. Carey, of Norfolk, Va.,
for a month this sumnier.
The nuchineiy for Pilot Moun
tain's new cotton mill is being pla
ced in the large biick building.
These mills aie to start up this fall.
Hon. Richmond Pearson, of Ashe
ville, the newly appointed minister
to Greece, will ":o to Athens iu Oc
t ber.
Senator Overman has been invited
and has accepted the invitation to
speak at the mid-snmmer meeting of
the Biooklin Democratic Club at
Rrighton Beach, N. Y., 'ou the 27th
of August.
In a suit involving the w'll of his
father. TJ. S. Coma iaaioner nf Pen
sions Warner, of Clinton, III., testi
fied that his father's second wife waa
a negress. He claims that his father
was not aware o- her race.
W. Frank Armfield. of High
Point, and Miss Era Williard, of
Deep River, were married at the
home of the bride's father. M. L.
Williard, last Wednesday morning.
W. L. Harris. James Woodsidea
and C. H. Holmes, of Salisbury,
caught 12? fish in three hours at
Brandon s pond near that place one
day week.
Harry Powers and wife, both
white, were found dead from pistol
wounds in their bed room at Char
lotte last Saturday. Evidences point
to i drunken quarrel, in which it is
supposed that Powers killed his wife
and theu committed suicide.
John B. Bagley, instructor in
weaving and designing at the Texas
Textile School, has been appointed
to a similar position in the Missis
sippi Textile School. Mr. Bagley is
a native ot iNorth Carolina and a
giaduate of Wake Forest.
U. S. Senator Pettus, of Ala'ama,
died Saturday night at Hot Springs,
N. C, where he had been a guest
for a week. Death was caused by a
stioke of apoplexy with which "he
was seized while at breakfast Friday
morning. He was 86 years old.
"Jolly Joe" Melvin Grnbbs, of
Wvrheville, Va.. weighing 702 lbs..
aged 54 years, and measuring 90
mcnes around the thigh, died at
Hickory lust WRpIc. H waa fraval.
mg with the Jones Carnival Co.
De Witt Maiahall, the 19 year-old
sonjof A. F. Marshall, of Kerners
ville, fell from a wagon loaded with
wheat straw Saturday, striking a
pitch fork, the prongs of which
pierced his breast, killing him in
stantly. It is reported that J. B. Dnke,
who last week married Mrs. In man,
has settled $1,000,000 on his wife.
They are at Somerville, N. J.
A spark from an open fire place
ignited a quilt upon which the in
fant of Mrs. N. Fulham was lying
at her home near Concord last Fri
day, and the body of the child was
burned to a crisp before assistanee
could reach it.
The State Hospital Commission
will begin at once preparation for
establishing the epileptic colony, a
storage building and a carpenter
shop, for use by both the hospital
and the colony. They will coat
$8,000.
An explosion of a can of kerosene
oil last week at the home of Mrs. E.
Guthrie, at Morehead City, caused
the death of her daughter, Mary,
aged 13 years. The latter attempted
to build a fiie with the oil.
The seven-year-old son of Mr. and
Mrs. Frank Evtrbart, of MidWay,
Davidson county, was kicktd in the
face by a horse in his father's bara
yard one day last week, while at
tempting fcvdrive it into the stable.
His jaw bone was badly fractured,
his nose broken and his face other
wise disfigured.
Thiers Leach, cf High Point, has
instituted suit against W. II. Chit
holm, at Greensboro, charging him
with the embezzlement of 1300.
,The case grew out of some contract
cement paying done at High Point,
Mr. Chisholm was employed in mak
ing the recent street improvements
in Ashehoro by Mr. Leach.
NOTICE.
Knos Wornble has this day entered the follow
ing land In Randolph county to wlti A tract of
28 acres more or leas of land in Randleman
township, on the waters of Deep River; j jola
ing the lands of John Fields, Annie Stout, Bud
Kobbini and others, for which without objec
tion filed within Thirty days from this date, ba
will ask for a warrant of surrey to the County
Surveyor of Randolph County. Thia July W.
1W. J. P, BOROUGHS,
Entry Taker,
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