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' ----- - -1 VOLUME XXX. CHARLOTTE. NVC., FRDAY, NOVEMBER 2, 1883. v 1 PRICE FIVE CENTS. (DdDrnm ttn JUST RECEIVED HOtfK VELTKTEEfl PER EXPRESS, AMONG THEM A TEttT IIAftDS091E PIECE OP BLACK AT $1.00 PER YARD. LOOK Ai Our TelretM and Plushes, nil Colors. Oar Illack "Velrets are I he IsesC Values that We have Ever Shown on This Market. JUST RECEIVED, a new lot of BLACK CASHMERES. Don't fail to look at them when you want a dress. BLACK SILKS, BLACK SILKS, COLORED SILKS, COLOhKI) SILKS. Black, White and Colored Fatins, Black, White and Colored Moires, Black. White and f'olored Surahs, Black, White and Colored Ottomans, Black, White and Colored Brocades, Colored Cashmeres from 15c. up, Black And White Alpacas, Black and all colors in Buntings, Fancy Dress Goods, all Varieties, Velvet and Velveteen Ribbons, In black and colors, A large stock of BJack Gimps, Velvet Gimps and Velvet Fringes, Ribbons, Ribbons, all colors ai.d grades, Men's and Boys' Rubber Coats, Ladies' and Misses' Gossamers. Gent'a, Ladies', Misses' and Tiuly. if MI AHKIVA OF GOODS I This week we will offer aJarge stock of VELVETS and PLUSHES at much less than their value. j Also a large stock of DRESS FLAN NELS, j Our stock of CASHMERES have been replenished in all grades, from j Jljc to $1.50 pe- yard. . ; Ask to see our new PATENT SHIRT something very desirable. This week we will offer to the trade one of the best and -cheapest stocks of Li To be found in the State. A big drive in BLANKETS. For Ladies, Gentlemen and Children. Many other goods in stock and arriv ing daily Come and look at our stock and get prices. T. L Seigle & Co. FRUIT. FRUIT. :o : :o : IPresh. Arrival -OF- BANANAS, "ORANGES, APPLES, q AP JE S (Malaea ftnd Coa!ord LEMONS, RAISINS, FIGS, CITRON AND . CURRANTS. LAKGE ASSORTMENT OF Fancy Cakes, Coffee Cakes, BREAD, PIKS.&C. D. M. RIGLER. oetl2dtf Elegantly Trimmed flats tea 5 L&lies and Children. DIES WRAPS We are displacing ITKBt DAT the most beau s - - tttnl Una of all kinds of Mllfloery ever opened In ... !; ibuctty. -Our r lock ts ompUrt In ewy branch And we always atriva-'f' please our friends and justtroefr. ,we eali especltl attention of our - i atror to ta f act that 1 :am a&-1 Kn i, ; . - vUbiu asala this aMsotu and v feel sure sua 1 needno-reooiBaBe .U lon as a Trtmmar troji - thOte BO naro mureu nr wiui vueu cv uiu ; ; p.-ot for J BlT our dpertlngi Every Day DortnathU icason-'and w etmsider n a pleasora v : Tea & 9. Mwposia P.Ordert ftom1 ocr atronf .ft, ltaaat mum jowpl attentiott , ; - , ynt taSDee Ion of .our gooas wiore jou urcaae elsewha.'e .aravf.f V' . H.specUullf, in;! , TaanKiuiior lour .yao y e "Q7& XjOOK. Children's Overshoes, Jersey Jackets, from 2 00 up. Ulsters, Jackets, Paletots, Pellices, Dolmans, &c, The "Adjustable Hip" Corset, for $1.00 The Hercules Shirt for $1.00, A new lot of Indigo Blue Calicoes, A large stock of Ladies', Misses, and Children's Shoes, from the celebrated Factory of Evitt & Bro., Turner's hand-sewed Shoes, for Gents, A large line of Clothing, Hats, Caps, Boots, Shoes, etc., A large line of Ladies', Gent's and Children's Underwear. Prepare for the Winter. u mm TO THANK Our Patrons For i ast favois. and trut tbit tbey and man; new on s will avail tbeoise ves f tha Adn'itws We Offer Them in Our i . Lnrg! aad w-ll te'ected Stock of BOOTS AND SHOES, Which Is new full and ermp'ete n all Une3 from the floe tto 'he h-a?lest We offar yen choice good i of the vevf best ma es, guarantee satis fac tlon, and w 11 fee to tt that y u get alwajs The Worth of Your Money. W cordially lnvl'e all to call, examine and sup ply themselves with all lhat may be needed In our 'lne. t. lUMtO & BRO OUR Fall and Winter i STOCK OF loots, -Shoes, HATS, Trunks and Valises I now oomplete, and was Manufactured to Our Order for RETAIL TRADE. WS have th best and most stylish makes of Ladlen.' Misses' aad children's, Shoes and Slippers, all kinds and prices Gents', Boys' and Youths' Boots and Shoes, to fit and suit all classes ot the trade. Grots' Silk Bats a Specialty. Man's, Boys' and Youths' Hats, all k'nds. Trunks and Valises, all ptfeea anawi and Trunk Straps. Blackings, Slacking Brashes and Shoe Dressings. COME AND SEE US. PEGRAH & 60., First National Bank Building-. ISIP -SIllIFP- -AND Cow Feed, A LARGE LOT JUST RECEIVED And for rate br COR. TEADE AND COLLEGE ST8, CAB LOAD SALT, IN" WHITE SACK pPllef, J ISSUED KYXBY MORN IK Q IXCP HNIAY, . FT . CHAS.R. JO WES, Ed. aad Proprietor. READ THIS! Tt SIIBSCRlBERg OF THE 13AIL.T OBSEllTISIt W1IO ARE IN ARREARS FOR SUB SCRIPTIONS FOR PAPERS SENT T1IRO THE MAULS. If you are in debt for sub scription you will find the ac count enclosed in your paper to-day. I had, October first, outstanding on the subscrip tion books of the Daily Ob server, $2,981,16, two thousand, eighty-three dollars ana seventy five cents of which I accounted for to the Messrs Harris in the late re-tranfer of the paper. I have an amount nearly equally as large due on the "Weekly OBSERVEB,and nearly as much past due in the city No rea sonable man would expect me to carry such a debt on my books. The accounts have been made out, up to the end of the 3 ear as" a matter of convenience, by a careful clerk, and if there is any mistake I shall cheerfully correct it, but I need and must have a settle ment Chas. K Jones, Prop'r Charlotte Observer and Journal-Observer. C harlotte, Oct 26, 1883, PARTY ISSUES. A short while ago a correspondent of the Philadelphia American ac counting for the Republican defeat in Ohio, said it was because the Re publican party was afflicted with the dry rot, that it had no issue to go be fore the people on, and hence the people of that State having no other issue to interest them, took up pro hibition. Noting this, another cor respondent suggests live issues, for the "old Republican party, or for the best elements of that party under a new name. ' "Let," he says, "such a political body, whatsoever may be its composition, inscribe upon its ban ners and incorporate in its platform the following : 'Universal education, North and South ; the abolition of all unnecessary, taxes and revenues ; cease the payment of the public debt, and grant a reprieve to the great pro ducing power of the nation ; legislate the Treasury surplus back into the hands of the tax-payers in each and every State, instead of into the pock ets of the manipulators of river and harbor bills, et hoc genus omne; and what is of greater importance than either or ajl protection to American labor as against the soul and body de stroying encroachments of monopoly as well as foreign competition.' " Here are undoubtedly some things suggested that would make very live issues, but with one or two exceptions the Republican party has been run in direct antagonism to them. It has been the party of high taxes, the pay ment of the public debt, for a big sur plus in the treasury when it couldn't be stolen, for all kinds of jobs and steals, and has been the especial champion and tool of the monopolies, all of which have grown up in this country under its peculiar legislation and fostering care. If the Republican party ever goes before the people on a platform like this it will certainly be under a new name. t wouldn't surprise us however, when the Republican party falls to pieces, which it must do beforo long, to see some of these issues come prominently to the front in the Dem ocratic party, cr ia the party which will be organized to take the place of the Republican jorganization. The reduction of taxes, holding up on the payment of the national debt, intern al improvement appropriation steals, and monopolies have elements of life in them for the party that takes them up and goes before the people on them. ' Even now there are indi cations of agitation on this line, which is taking shape and assuming proportions, of no little magnitude. The Philadelphia Press, Republi- can, accuses ranK iiatton, .tiirsti As sistant Postmaster General, of fixing the time of departure of the morning trains from. Baltimore so as to pre vent the Baltimore papers from get ting to Washington before toe Na tional Republican, of which he is one of the proprietors, wa printed, dis tributed and mailed. It makes also the general charge that he has been running the mails as far as he could in the interests of that paper. Under authority of an act of the Legislature, the State of Alabama, through a commission, has agreed to settle with Mr. Pratt, one 1 of ex- Treasurer Yincents bondsmen, for 160,000. The other sureties will be settled with, separately or sued. - Another writer rises to remark that there iare. more lawyer and , physi- Aians than are needed in- thir coun try. Those professions would not be overcrowded if parents did not push sons' into them who have not the requisite qualifications necessary for success. The Philadelphia ?J?ress is devoting its' respectful attention to Mr. Frank Hattonof Towa, who is figuring very extensively in the? postoffice depart tment at Wasnmgxon. - r. . v THE RALEIGH MUDDLE. Decisis af the Supreme Court in tke Cue ot Doyle aad EllisoaWhat are Not Places of Trast aad Profit. ScUeigh Keut and Ohxrver. Doyle vs. Raleigh. The plaintiff, elected an alderman of the city of Raleigh and having taken the cath of office and met and acted with his associate members of the board, was ejected from his seat by a resolution of the body;, on the ground of his constitutional incompe tency to hold the office under essen tially' the same circumstances as was the plaintiff, Ellison, whose appeal is determined at this term. There w as, however, no successor chosen to oc cupy the plaintiff's vacated place. Jn this state of the case the plaintiff has sought an appropriate remedy for his restoration to office in coercive measures against the alleged wrong doers. At the time of the election and since he has been acting under an ap pointment from the Treasury depart ment of the United States" at a salary or compensation of sixty dollars per month, as night watchman of the poscoffice building in this city, to guard and protect it from depredation and injury. His employment, it is in sisted rendered him ineligible to hold under that clause of the constitution, omitted in the formation of the con stitution of 1868, and reinserted by an amendment made in 1875, whiph de clares that : "No person who shall hold any of fice or place of trust or profit under the United Stales or any department thereof, or under this State, or under any other State or government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either house of the Gen eral Assembly," with certain excep tions not material to the present in quiry. Const., art. 14, sect. 7. It was upon the assumption of this incompatibilty that the board of aldermen proceeded in declaring the office vacant, because the person elected could not under the law hold it and exercise the attaching fran chises. There is no impediment in the way of the plaintiff's restoration to his seat, even if the aldermen had jurisdiction in the premises and had proceeded in a regular way to pass upon the question of competency if his place as watchman at night is not embraced in the comprehensive and somewhat definite terms in which the disqualification is expressed. We shall not make the attempt to define the precise extent of jthe words em ployed, af cer the unsatisfactory efforts ' of ,the counsel of the respective par ties to do so ; and we shall do all re quired in this appeal by assigning the place held by the plaintiff on the proper side of the line which sepa rates those employments in the public service which are, from those which are not, ' 'offices and places of trust or profit" in the sense of the constitu tion. It is apparent from the associa tion that "places of trust and profit" are intended which approximate to but are not offices and yet occupy the same general level in dignity and im i ortance. The manifest- intent is to prevent double office-hodrng; that offices and places of public "trust should not accumulate in a single person, and the superadded words of "places of trust or profit" were put there to avoid evasions in giving too technical a meaning to the preceding word. Thus Mr. Justice Reade declares that "members of the Legislature are not offi jers. Theirs are places of trust and profit, but not offices of trust and profit." Worthy vs. Barret, 63 N. C, 199. An office admitting of the remedy by quo tvarratito for a motion is de fined by Mr.iHigh and quoted in Eli son vs. Coleman, 86 N. C, 239, "is a public position to which a portion of the sovereignty of the country, either legislative, executive or judicial, at taches tor the tune being, and which is exercised for the benefit of the pub lic. High Ex. L. Rem., sec. 620. As an office has some relations to the public, so must those "places of trust or profit" involve the exercise of unctions affecting the public m order to constitute a disqualification for other similar places. It is plain the plaintiff, by whom soever appointed, and at whatever compensation, who is employed main- y to guard apuDnc Dunamg aunignc, to prevent its destruction or injury rom fire or other cause, ism no sense occupying a place of trust and profit, but is employed in a specific service having none of the attributes to raise it to the dignity of the constitutional disqualification. Without definite m- ormation or tne extent and Kind or service required of the plaintiff, and regarding them such as are compre hended in the name given to the em ployee, we consider him not holding an office or place that disables him from occupying a seat in the board of aldermen. There is error, and judgment must be rendered ior tne piamurr, and it is so ordered. Smith, C. J. Stewart Ellison vs. the City of Ral eigh and Mayor and Aldermen. The court states the tacts ot tne case and then says : Without pausing to animadvert upon the very irregular and summary method adopted to expel a member from his seat without a hearing and the suppression of all discussion of the propriety of the contemplated action of the board, while there can be no serious doubt of the right of a corporate body to vacate the seat 6t a corporate omcer ior adequate causes arising subsequent to his taking his seat, since the case or Kex va Richardson, decided by Lord Mans field and followed by numerous others, we have been unable to find any precedent for depriving a mem ber of his place Dy tne action or a municipal body of which he is a mem ber for any pre-existing impediment affecting his capacity to hold the of fice. VtL the otner nand the same eminent judge in passing upon the sufficiency of a return to a manda mus, says : "It is admitted that they (the Mayor and .Burgesses of Lynn, the defendants,) could not remove for want of . an original- title;" and again, the dueness of the election is immaterial, for the corporation could not judge of the title" of the party prosecuting his right , to the place, King vs. Lynnt Douglas 85. - Bo in Lord Brude's case: 2 Strang, 819, the court say that a power of a motion is incident to a corporation according to modern opinion, and this exercise of inherent corporate authority in the cases pointed out by Lord Mansfield in Rex ts. Lvnn may be essential to attaining the ends for wnicn ;tne $orppration was rornieo. Angei vs; Ames,! ete.r i iThe nower td remove a coroorate officer frpnj his Office ) for reasonable and just caused savsudere Dillon i "is one of 'the common law incidents of all corporations." 1 Muni. Corp., sec. 179. The board of aldermen, thus ' pos sessing the power under certain cir cumstances to vacate the seat of one of their number, (the occasions, for doing which, and among them con duct on his part in opposition to his oath and duty as a corporator, are mentioned by Lord Mansfield) have chosen to remove the defendant for the assigned reason of his incompe tency under the constitution to occu py the place, he at the time of his election holding the appointment of janitor or custodian of the court houee of the United States in said city, and to elect and put another in his place, who has assumed to act with his associate members and been recognized by them as the lawful incumbent in all their subsequent official transactions. His successor having been thus inducted into the office under color of competent au thority even though the amotion of the plaintiff was in excess of the power conferred in the charter be comes an officer de facto and his co operating acts in the body are as effectual in their relations to others as if he filled the place dejure as well as de facto. The charter confers au thority upon the board to fill a va cancy when any occurs in their body and they must determine the exist ence of the vacancy m order to the exercise of the power of supplying it. Can the plaintiff then avail himself of the remedy by writ of mandamus against the wrong-doers and obtain the ouster of the present occupant and the restoration of the office to himself without the presence in the action of the alleged usurper? II he court tnen discusses the cases already adjudicated bearing on this subject and decides that mandamus is not the proper remedy. The title here is in dispute so as to induce us to refrain from ordering any 'specific action to be performed by the board until the controversv is settled and the right determined by a direct adjudication. But if there were no other objection to the present ferm of proceeding, an insuperable obstacle is presented in the fact that the court is called on to pass upon the rights of one who is not a party to it. This is indispensable to his being affected by the result. ihis (action or information 366. c. c. p.) was the method of procedure adopted in Cloud vs. Wilson, where the defendant entered into the office of Judge by virtue of an election au thorized by an act of the Legislature to fill an unexpired term and it was sustained although the statute was in violation of the constitution and all done under its sanction was absolute- y null. The controversy was be tween an officer de jure and one de facto and this was recognized as the egal method of determining it. We do not propose to inquire whether the office or place held by the plaintiff at the time of the ejection and since is an "office or place of trust or profit" within the meaning or the constitutional amendment or 1875, which is but the restoration of a clause contained in the amendments made in the constitution of 1835 and omitted in that of 1868, for it is no easy task to run the discriminating ime which separates such offices and places from employments in the public service which are not embraced in those terms. Nor will we consider how far the court should go in rein stating in office one improperly re moved but who may appear disabled and forbidden by law to possess it and exercise its attached privileges -and rights in the opinion of the court. It is enough for us to see that the right to the office is drawn in question and tbat one who entered in the form of aw and is in the possession of the place discharging its duties is to be affected by the decision without hay ing an opportunity to be heard. it is certainly inadmissible to com mand the defendants to receive the plaintiffs into their body without at the same time removing their ap pointee, for the ward cannot have a representation in excess of the num ber allowed m the charter, and if this is to be the effect it is just to give him a hearing, as it was to give the plain tiff a hearing before his expulsion. The argument on both sides has been able and exhaustive of the learning on the points discussed, to only one of which, preHminary to any exam ination of the merits, nave we round it necessary to give attention. There is no error, and tne plain tiff is not entitled to his writ. It is so adjudged. Smith, C. J. U. S. Treasurer's Statement. Washington, Nov. .1. The debt statement issued to-day shows the reduction of the public debt durmg the month of October to be $10,304, 798.83 ; the decrease in debt since June 60, 18S3, $3y,54,47U 66; casn in treas ury $364,346,501 93; gold certificates outstanding $83,328,940 00; silver cer tificates outetanding 299,579,14100; certificates of deposit o tstanding $12,620,000 00 ; refunding certificates outstanding $325,850 00; legal tender outstanding $346,681,016; fractional currency outstanding $6,990,303 31. A Pert Old Lady. EawJansville, Ga.JSun. Mrs, Saltar, a lady probably seven ty-five or eighty years of age and who lives about two mues rrom town, walks to church here every Sunday and frequently at nights. She says that she never tooK a dose or med icine but once in her life and that was a dose of epsom salts fifty years ago. Ah Uabretharly Gift, Cincinnati Hews-Journal Van. "If you want a Sherman for resi dent, take John,' remarked that wily old stratt gist, Gen. Sherman. Since Mark Twain destroyed ma eiuer brother with a gift of his Jimtown Tenn. lands the more a man has of which the poorer he isr-so unfrater nal an act hasnot been done as this unloading of General Sherman of his TWc'ianial hnnfes on his brother John. Considering all that surrounds those chances, it was a terriDie girt to make a brother. Cubed My WpK's Weauckss. From vQTiaTriiio Tnd.. the home of our cor respondent, Mr. John R. Patterson, AA1VIAO fha. fniinwin?: "Samaritan Ner- tine Cured my wife of a case of female weakness 7 It s an extract irom jut. Patterson's letter. 1.50. . Farther Failures Feared. IrYKRpoati, November L-i Anxiety and UjSvru&v uuuwuuo ui bUQ UJtwu trade and - further failures are sup posed to De unpenamg. t & flna restitution mav be broken and ruined by simple neglects- Many; bodirjF ills result from habitual constipation. .There is. jMtmediciB equal to , Avert Pills to correct tnia evuj ana restore tne system, to natural, regaif aadeahj action. Mew LKIapstory FOR LADIES, MISSES AND CHILDREN, IX IXBW STYLES AIVD COIOBIGS. ,We have juit received another lot of Foreign Hosiery, among which will be found many novelties for Ladies, Mioses and Children. The choicest lines ever shown in this sec tion, as follows: ELEG AWT LILIES OF Black and Colored L.ISL.E HOSE, ' a EL,EGAIT LIZVES OF Black and Colored CfSIIMEUE IIOSE, ELEGANT UIVES OF Black and Colored MERINO DOSE, ELEGANT LINES OF Solid, Colored and Fancy Striped HOSE, OUR NEW Lais H isses', aoi Children's We are daily receiving fresh consignments of the latest styles in Ladies' Night Gowns, Ladies' Chimese and Draw ers, Skirts, Corset Covers, etc., etc Ladies Balmoral and Walking Skirts. We are desirous to call particular attention to our elegant stock of Ladies' Satin Felt, Flannel and Cloth Skirts, to gether with an entirely new style of skirt, hand knit, called -THE LADIES' FAVORITE SKIRT." KNIT GOODS. Our assortment of knit goods is very handsome and com prises every thing in the way of Jackets, Cats, Hoods, Leg gings, etc., at the very lowest possible prices. WE ARE NlWER lM)ERS(nD BIT AN IT HOUSE NORTH OR SOUTH. iff mm CHARLOTTE, N. C. Look and PRIOR TO REMOVING TO OUR New aod Mer (Central Motel WE OFFER OUR . Entire Stock a W. KAUFMAN & CO. Will sell their entire stock of Fall and Winter Clothing Also entire stock of .Gent's Shoes, Hats AT COST! AT COST!! Men's, Boys', Youths' and Children's Overcoats. Children's Cassimere Suits, 4 to 11, at $2.25, less than manufacturers' prices. Call early, For the chance. Call and be convinced. but all goods at COST! ootl9 Springs i km JUST RECEIVED, 100 BARRELS PATENT ROLLER ELOUR, THE FINEST EVER OFFERED IN THIS MARKET, 800 BUSHELS BOLTED MEAL; 500 BUSHELS WHITE CORN. SPRINGS UDRWELL. Ipt30dtf . FOR SALE, ; A SM&swi l-horse vsmn Steam Sigtaeaail Botlet.!trie ot running a flttf sw ootconrtn, cr aDy other light roaelilaii7.';A buffalo. ;- Catn -'oc'SOU . . OtwetferOfflca. DEPARTURE. Cadercloth 102. & Observe. mm Cost No Hnmbug! Furnishing Goods, Boots and and Caps, AT COST!!! next 60 days only. Now is your Kemember, NU HUMBUCr, W. KAUFMAJN & U(J. New Stock Arrived. CHINA, CROCKERY. GLASSWARU HOUSEFURNISHING GOODS. Aii the Latest Styles. We call particular attention to MOSSROSE and GOLD Decorated TEA 8ET3. 44 pieces. 67 50. DECORATED CHAMBER SETS, from $4.00 up. DECORATED DINNER SETS, from 820 00 uft. WHITE CHINA DINNER SETS, from 610 00 a p. STEAK BROILERS, 75 cent. CHILDREN'S CARRIAGES, from 68.50 up. -A HUB STOCK OK- PLATED :W ARE, CL03L8, BB03ZC3 AND FANCY GOODS. ' - -r Verj retpeotftUly;' , ' . LTJDOLT B ABT8nXLD. Saws, to J. BrooklMdftCo. DOVE'S TO FHTSICIAN3, TABKIBS, 1 1 KBT 8TA BLBKKEP&BS AND BAJLBOAD MKN AND BEADS 0J( JAKILDES: If aa.member of your hoaflehold, from parent! to the merest infant, are afflicted with Malignant Sores, scrofulous or other- frae Tarf wise. Bait Rheum or Mold Head, Burns, wounds, : Do matter how eere er of how long standing, or from wbaterer cause produced, send and get a f 2iveent bottle of TXJftV OIL, and we guarantee a eure or no- pay.' It enres before other remedies begin to act.-. It Is equally applicable' to all the Uieera or eons, or-Inflamed t&rfaeet of alldo mestie animals, or anything that mores on the Tort One or twoapplleationa an all that is nee essary to neutralize 4e aetton of the vims and heal the Uleer It arrests at enee the progress of Kryslpeias and remotes t&6 inflammation left in the track of tne disease -..- , i ITor sale by all drogfists and country stores. -' tar Ask for the "Turf Oil 8rUlng-Bsok and Eeader," with eerOflcatet of enrea. ' FU&CXU L ADD ft QGL, Mayv-Ir. ,, fccluoonVYa. - " j, 'i.. - - " V . j I uttri II
The Charlotte Observer (Charlotte, N.C.)
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Nov. 2, 1883, edition 1
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