Newspapers / The Charlotte Observer (Charlotte, … / Dec. 1, 1907, edition 1 / Page 6
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Ch " i '; . ; . I A 'l-X ru-t I-Iim J:.;umV1 Down j Vi .-(''k Uiarloiio lioi'ordtT h i a JuUi e or lite Vcmv fll Can t .v.ifiMratf's ts as Well as e hiH-tilie.1 in the Charter, v vS smprcme Cturt of North Cnro 1 ui .Night Turnkey Earnhardt Can M.ike Warrants Returnable Before iut-ordcr Case Carried lp on Ap rral tYom i JnJge Fersusoh r and Tried in Mecklenburg Court Mean Money For City Treasury. . The following Is the full text Of the decision handed down by the Supreme Court or, North Carolina, In the case sent up from Mecklenburg: to deter mine whether or not the Charlotte re? cordec ha, the power to tax tonvlctea tttaKluti with all the cost mat . a magistrate can tax, or .merely those BrrjHed in the charter of the city. ThSSrt hoM. that the recorder to . .rfit and hence has all the tXSKff PrUvee appeHainini Z. j.i nf the peace. For ne aamVason, night the day desk sergeant, being cm make warranu returnable recorded The Supreme Court SeMe ' COURT ; OF NORTH 8UriRnu!JA: August Term. MOT. " Y"" .Z w-i,irhiirir: state vs. . KO. IWi .... ---- Lord. (Appeax uj ... M. ' Charles " SweS wa, arraigned In the . srcourt . srk.KSr"-susj i,,,!,. Ferguson, presiding, me tour? refused to tax certain coats clilmed by W. M. Smith, recorder and . lJ2T-....nr At the peace for the Cits ' 01 ' Charlotte. Said Smith except tKSrney General Clement .Sohn AUtMCRae for appellant F. M. Shannonhouse for defendant, BROWX. J. The charter of the city of Charlotte creates a recorder court for said city; Jeflnes its pow ?ou . LtLiifWr. and provides for Inaction or a Recorder Section ES provides: That said recorder shall i bJ " an ex-omclo Justice of the peace and before assuming the duties of his of fice shall take the usual oath required r law to be taken by the justice of the peace, and also an oath to honestly and faithlully perform the duties of One Earnhardt, a duly qualified justtee of the peace, who also acts at desk sergeant at police headquar ters in said city, issued a warrant for Jefendant and made it returnable be fore W. M. Smith, the appellant, who is the recorder and ex-offlclo Justice of the peace. Upon hearing, Smith vm.n.i the defendant over to the Su- . T. I. AnnUn.lDll thllt penor won. " v...-.. ------ the act of Earnhardt, J. P., was ille gal; that the hearing before Smith was Void and that therefore the lat stere costs cannot be taxed. His hon or so held, in which ruling we do not concur. Section 8162 of the Revlsal provides tk.l o..nnD arrultll under BflV War- l i 1 O-. .VIM " ' . ' V rant fcsued for any offense where no provision Is otherwise made, shall be brought before the magistrate who Issued the warrant, etc. The clause "where no provision Is otherwise made," clearly Implies that the mag istrate who Issued the warrant had the authority to make the warrant mniniHn e unvio i iiiioru .... ......v.w I 1 ; . . ; ; tt CuiHri:;',.ti T! .:.i-ruoi:H t At. !.f"'f...s I Uev. 1). Clay W.'-y to ';.oak. The first meetlus of the Laymen's Missionary, Movement will be held this afternoon, at 5 o'clock, at the Auditorium. The service will be for men Only and will be addressed by Rev. Dr. D. Clay Lilly, of .'Winston Salem. ; . The musical features of the meet ing will be Of interest,and '-will be under the direction of Prof. W.' Har vey ' Overcarsh. The Ariel Male Quartette will sing and a feature of note will be the iinglng by the male choir of 75 voices. All men are invited to this service which will begin promptly it s o'clock. The doors of the Auditorium will be thrown open at 4:S9 o'clock. To-night Dr. Lilly will speak again. Mr. Cecil C. Butt will sing a solo, .. Mr. Rpbert, Glasgow . will preside over the meeting this afternoon. To-night Mr. W; C. Dowd will be In the chair. Mr. Herlot Clarkson will preside at the banquet to-morrow night and Mr. E. A. Cole will be chairman Tuesday night Letters from out-of-towrf-people show that men are coming from .all , sections of this State and from South Carolina as far down as Columbia to attend this notable series of meetings. Counting those from the various sec tions of Mecklenburg It Is expected that several hundred from out-of-town points will be present. ,' The hour for the service to-night Is I o'clock. The banquet to-morrow night wil) be at 7:10, While the meet ing Tuesday night will be at 8 o'clock again. Messrs. J. Campbell White and William T. Ellis will riot arrive until to-morrow morning from At lanta, where they have been engaged In a similar convention. Plgg Charged With Disorderly Con duct and Retailing. Combined charges of "drung and disorderly" and retailing liquor are entered on the police court records against J. T. Plgg, who was found yesterday afternoon by local patrol men In one of the city back lots In a condition- of obstreperous Intoxica tion. In his possession was a 'grip well filled with whiskey, while more of the same article was found In his buggy nearby. He was locked up last night and spent the hours of darkness in the police station, being the first of the Monday morning crowd to turn up and hence to him was given the cell of honor. Plgg Is from Mint Hill. ' C. A. No Me-Ming For fen at Y. M. To-Day. No meeting for men will' be held ; this afternoon at the Young Men's Christian Association Building, on ac count of the mass meeting at the Au ditorium, marking the opening of the convention of the Laymen's Mission ary Movement. The boys' meeting will be held as usual' at 8:45 O'clock. Those who would otherwise attend the men's meeting are urged to go to the Auditorium Instead. k I . r sons Y. .i it t' e A;:- i i 'tor Are JKttjoyi.; I.,.:. . Jiiport. A Charlotte cotton merchant who spent Friday In Wadesboro stated to an Observer man yesterday that thfcj staple brought 11 8-14 cents on the Btreets there that day when It wasi only bringing 10 1-2 cents In Char-' lone. In explanation he stated that the merchants there as well as - In Lilesville, Morven and elsewhere, were bidding In the cotton tor Alex ander Sprunt & Sons, of Wilmington, and .Rogers, McCabe & Co., of Nor folk,; Va., exporters, and that they were giving the farmers practically what they got for It in order to se cure settlements on outstanding ac counts. , "There Is bo talk of har J times and scarcity of . money in Anson county just now," ae ; continued. "The majority of the smaller farmers have sold , off the greater part , of their crop, paid . their bills ana are now living at ease and tt peace with the world. Some of the larger plant ers are holding their cotton for bet ter prices but this la not the case with all of them. There has been a plenty, of money In the county since the cotton season opened. The banks, Anticipating the money scarcity which they eaw approaching, sent on ahead-of-tlme and procured an ample tup ply of cash, They never resorted to scrip and have always had an abund ance on hand. The farmers of An son are la fine circumstances and equally so are the merchants and al most everybody else." Lvery gta I p-.j t rs: ..y jr 83 If it ere r.r cr . : I".-- J. to show our aprrecia;cn cf the t,' r. 's 1! c 1 I us. Another way is to make LUZIANNE the best co for Price and Quality. ' - we t e on carih i 25 cU. 1-lb. At all good grocers'. THE rilLY-TAYLOn CCriPANY, I.'nv (tes," U. S. A. L. - 1 BIG COSIMITTEE NAMED. RETAIL. -QRG The date for deciding ear prlie contest for best display of LTJZIANNB COFFEE made by a retail grocer or dealer has .been deferred from December 1, 107, to January 1, 1908. ' 'c " I" - : Send nhoto or snap-shot our dlsDlay It may ' win. 1st prize, $26; - Jd .prlsellS Sd prize, $10. i The Rely-Taylor Co. ! "New Orleans, tJ. S. A.' , Law Building Xcars Completion. The new law building In process of erection on South Tryon next to the county court house Is rapidly taking i unio iweir me appearance of the i handsome, modern structure which It i Is to be. There Is no apparent rea , son to fear that It will nnt h nm. To Represent American Cotton Man ufacturers Association at Water ways Convention This Week. The National Rivera and Harbors Congress will convene In Washington, Wednesday, of this week, and con-1 tlnue throughout' Friday. Delegates will he in attendance from all sections' of the country. North Carolina- wil be wen represented, , President" S. B. Tanner 9ias an nounced the personnel of the com mittee which he has appointed from the American Cotton Manufacturers' Association. It Is composed of: D. A. Tompkins, Charlotte, chairman; , Ellison A. Smyth, Greenville, S. C; Arthur H. Lowe, Fltchburg, Mass.; JU W. Parker, Greenville, S. C; T. A. 1 Blythe, Philadelphia, Pa.; Leonard Paulson, New York, N. T.; R. M. Miller, jr., Charlotte; E. W. Orswell, i Pawtucket, R. I.; J. P. Eddy, Jr., Provtdence, R. I.; Walter E. Parker. i Boston, Mass.; T. I. Hickman, Augus-I ta, Ga.; Charles D. Tuller, Atlanta,! Ga.; G. W. Pratt, Pell City, Ala.; Le-1 roy Springs, Lancaster, 8. C; Caesar Cone, Greensboro; E. H. Williamson, Fayettevllle; T. L Walnwrlht, Stone wall, Miss.; Frederick A. Abbott. Wes son. Miss., and G. M. Whltln, Whltlns vllle, Mass. . mr hivin ilk LirtsJlctlon to I ,,eieo DV lnB nrat or tne year, the conduct the preliminary hearing. I l wh. opposed to be Mrt of the records exercises I work "ow being done on a jurisdiction iimuea xo me uix ot the roof. Charlotte nd Its criminal Jurisdiction may.be somewhst greater than that of a Justice of the peace. If the Leg islature , had not also made the In cumbent of the office of recorder a Justice of the peace, we should have no hesitation In holding that a Jus tice f the peace could not lawfully make a warrant returnable before that court, any more than he could make It returnable before the Supe rior Court. Having been appointed e. Justice of the peace by the General Assembly and having duly qualified as such, the Incumbent of the recorder's office is Invested with the complete Mr. Clawson Comes to Charlotte, In order to give necessary attention to mining property wMrh he owns, located ten miles south of Charlotte, mr. t. w. ciawaon. ror 20 years a member of the editorial staff of The ; Wilmington Star, has located In Char- 'lotte and wl'l make his home here. ,He has left the field Of Journalism. j Mr. Clawson will live on West Vance eireei. Hound to Court For Assault on Lay. Tnere had to be a recorder's court yesUrday morning. To have had two failures on successive days would have been subversive of all precon ceived conceptions and violative of all historical precedents. But It was a very imall affair. The ease against J. F. Faxton and A. R. Turner for er- assault with deadly weapons on Cliff Lay, which was postponed until yesterday on account of the 'severity of the cuts Inflicted upon the face and head of Lay, was tried. Each was bound to court In the sum of $50. The affray case was dismissed. T. H. Gibson failed to appeir, for feiting a bond of $4.75 Jor the viola tion of a city ordinance. Mm: May Order ''V-' - : f Your i ' i I Christmas Piano Prom STILTF To-Day were on the Army, thouich few people had any partriotlc preference for one over another. The Very Last Game. All Interest In Charlotte sporting circles veatAriliiv r.nir. nn au . jurmiv.. - 'r-1- " "7 Army-navy game, wmcft always arro- , defined by our constitution, In ad- gate(, t0 iUet the on.g enare, f ra 'Jition to that which he exercises as tlonal attention by reason of the fact recorder by virtue of he city char- that It Is the only game of Importance ter. There Is notnin In our funda- vUyei after-Thanksgiving Day. The nj-niB "f- odds were on the penam to noia tne omce oi recoraer and Justice of the peace at one and the time time. Art U, Sec. 7, Consti tution. We will, of course, presume that when appellant nurd the warrant made returnaMe before hltn, he acted In his capacity as a Justice of the peace and bound the defondant over to the 'S'lperlor Court. We therefore think that the law'ul fees prescribed by law for a Justice of the peace should have been taxed against the defendant. There is nothing In State vs. Jovnpr, 127 N. C, 542. which militates etilcut our cnnclu!on. In that ense the mayor was not created a Justice:. - Of the posce and required to qualify? r, ti1P ranne ut nv.rvWa rnH ln,ll. Mrs. Paul McKane BurrnI. Mrs. Paul MoKane was the victim of a painful accident yesterday about 12 o'clock. While in the kitchen of her home, No. 4 'East Second street, she accidentally turned over a kettle containing boiling water. As a re sult herrlght arm was severely burn ed. The Injury Is not serious, but very painful. Criminal Court To-Morrow. There was no civil court yesterday, all the matters which demanded at tention In connection therewith hav ing bern adjusted Friday. The court officials Indulged in a rest rending the trial of criminal cases at the ses sion which meets to-morrow. At this a larffe number tf cases will be tried. Teachers to Confer at Dixie. A general conference of the teach ers of Paw Creek, Steele Creek and Perryhlll townships will be held at Dixie next Friday. The meeting will be presided over by the county super intendent of schools, Mr. R. J, Coch ran. Other conferences at other places will follow this one. I Chas M. Stleff . " Manufacturer of the Artistic Stleff, Shaw and Stiefl Self-Player Pianos. Southern Warcroom: 5 West Trade St., CHARLOTTE. N. 0. 0. H WHM0TH, Mgr. Don't Go without a Victor In your home when you can have it for as little as a dollar a week. , Don't starve , your taste for music and your sense of fun, when' a dollar a week will give you your fill of both. Melody and fun are ' food for man's best nature. They nourish the ' finest sentiments. They make tyou not only hap pier, hut better. The wise philosophers know that music is not a mere luxury, but almost one of lif e'e . A necessities. Herbert ; Spencer, the grreat scientist, ' says: "Only sleep and laugh ter rest the brain." No matter what kind of work yon. do nor what your' family does, you and they need the brain-rest and - spirit-rest of good music and hearty laughter. Stone & Barringer Co. Distributors Victor Talking; Machines and Records, 22 S. Tryon Sy Victor De partment second floor. TT The Lunch Counter SS a Justice of the nracc. He nlmo' ' ly exercised the JuTlsdl-ctlon which a JusMp of the ppce mlrM concur.: rently exprrlse. That did not mnke him a J"sMce of th reac. Th ap pellant Pmlth 1 a Ju1lce of 'he peace end as such h mi.v liw'i'iv ercr clse ell the contltiitlonil 1ur'1lcton. In addition to his Jurisdiction hk re corder, whi' h ativ other Jtitlr nf the peace In his townhln mxy exercise, lie Is required to take 1hi oathx pre- scribe by the charter to hrncKtly and falthfllv perform l" duties of hi Office at recorder. The cih Is re man4ed with directions .o tax the fees . allowed by 1w to the appellant um a , Justice of the peace. The costs of this court re to be taxed against gppetlee, defendant Lord. Error. gcMlon, Catarrh of the Stomach and Heart Disease. IIFJMS TRIAL NEXT WEEK. It Is TpctM nM Wnyer of Flla 4 Pry or Will He Placed on Trial Nst Week Mudi Spcculatlfm as to the ' Case. It was 'earned yesterday that the i" . I, ...... I U-l case 'of Amri Helms, the self-confess- 1(, J-S "fc S 1 M V , Tll( IIS Bill Nine-Tenths of Tlnwe Who Eat There Bolt Down Their Food. The next time you eat at a lunch counter, just you watch the people opposite. Look down the whole line ami notice how they bolt down their food, vsuihlng it down with hot cof fee or cold watr. First they take a large bite then a drink, a bite and a drink, hurrying; through their meal In live or ten minutes. Many of them don't know the cor rect way to eat, while others are so Intent on money-making that they will not take the time to eat proper ly. The lunch counter create a great demand for Ktuart's Dyspepsia Tab lets, for every one now knows that they uiuilHt the stomach In digesting the food that ha been suddenly forced down Into It. Health should bo the first thing souirht for In the bnttlo for existence. With a sound body all thlnics are possible to man, while Ill-health b j probability, come up for trial at next week's session of Superior Court, probably toward the Utter half. Mentr. Stewart & McP.ae are attor neys for the defendant It Is presu fl ed that the defense will be along the lines of the young man's statement ti the effect that the killing was acci dental. Interest In this unusual case Ant n,l all will has by no means subsided among i0 -.m w,.tv, vm. " ' Is usually grouchy and cannot meet his fellow-man In the proper spirit to win his confi dence and ettteem. Many a tine proposition has raflod because a dys peptic wa back of It Your brain does not work right where dyspeptic conditions, prevail, neither does any organ of the body. Get your digestive apparatus in perfect condition Charlotte people ' and there li much speculation as to the prisoner's Inno cence or guilt Whl'.e there evi dent a general reluctance to say any thing, definitely : one way or another as to the guilt,, there are many peo ple who think the talc of tb man a plausible one, which sounds straight. Most people think there rt a good deal to be explained for which an ex planation has not teen offered, no matter what j view of the matter Is accepted. .flF.RK'SI GOO ADVICK. . -O- 8. Woolever, w of the best known r-ewl'iirl of 1.m Raysvl1!, N. If., My: '"If ii r ever trujlrfi'd with pih, ap ;'. .Men's Amlra j.ilv. 'It cured i f..r kvo'J veer 'r f,Mv, wirMii. tira or ! r. ( sures. Take Stuart's Dysnepela Tablets ontil you cure yourself of Indigestion, ' catarrh of the stomach and , dys pepsia, end your heart, liver, brain and all the organs of the body will perform their functions prooerlv and you will be in eouid health, r v. Don't give up in despair, but get right, and ail things will come your way and fortune will again smile upon ou. . f Tou can purchase Stuart's " Dys pepsia Tablets anywhere on earth. They have become a family necessity everywhere, . , They are $0 cents per. package. ' . Hend us your name and. address to-day and we will at once send you by mail Minpl-acluui frA4. j dresa p, A. Stuart :o ISO Stuart , THE TA TE-BRQWN CO. Overcoats, and Raincoats Of Splendid Quality Never jn the history of this house have we offered mery better garments. Take the models, for instance. We have brought out several original and very smart designs, full of good styles. The fabrics, too, are new and striking. The tailoring is thorough, much of at handwork. Prices range' from. . . $20.00. to $40.00 New Lines of Men's Haberdashery L " Men's Scarfs in French Four-in-IIands, t made of ;' ' imported and domestic silks, in the rich winter r colorings.., Many. are' novelties exclusive- with this housed... ...50c. to $3.50 , Dunlap & Cos Celebrated Hats . Special Lino LQdlcs' Hiah-GlaGS Oltk Mooc. U U li . .Uub 'iJ L . Speaking of Christmas gifts are ; these not o i suggestive? We've just got all sorts in this line s.: :.' , ; - ', -.., v.. , - ; ..." : -S,..V- and can show you ex actly the thing you are look-' ' ing f or. ' , ' : " t, ' : " - And we -haven't fogotteri.the Children, Come" ;: and ee our. specially fine lino ;' .II TEDDY BEAR ROBES 4 1 f t f if 1 for the little folks, t he nicest things you ever ? :saw: Dound to please. :. , i: Mall orders filled on day of receipt v ; v f D 1 fL.. f W11 ' ' f f Remember. Mel Ion' ' Clothes Flfc t'. I '1 to .. ,. . raamf-m Wr. wires f t m rofit on all goods sold at this furniture store. Tou may not think so, but "small proflts" are, all that we are looking for, because our LARGE FURNITURE SALES inake up for ' the ;smajl profits., . ' ; . ' We' have Just received a car load of Iron Beds, ranging In price from ; ' $3.60 to $35.00. We can save, you money and give you the largest and " best selected stock In the State to select from.- Not onfy Is. this true of . Iron beds, hut all other lines, and ' especially , " ? , i , FELT MATTRESSES AND SPRINGS. .. If you are at all Interested, come In and let us tell you some things about the Felt Mattress business that you don't know. Not half the salesmen know what la. in the mattress they show you. WE DO. LUBIN FURNITURE GO. The Streit Davenport i (wtr 'tl"l 1 syH " f"Mh'i.-m 'v'" ' ' It is a luxurious, comfortable Ded at night and a sora in tne aay time ver ready for use and always a b eautlful and artistic piece of furnU tore. The streit Davenport Bed : is recognized by the furniture, trade , everywhere as being the best man ufactured In this line. - ; Others makers imitate them, but n one can eaual the STREIT. ' : Wshow them In all woods. " . , , , . i ' MW 11 ' Upholstered In Verona- Velours, ..... . . , t. . . . .".35.00 " 45.00 ;r Upholstered In Pantasote. ...v,,. f ....... ..... 10 , , Upholstered In best Grain Leather.. ,.,;...,.(..;.55.00 to $83.00 iuat the thins- for library, parlor or den. .'..' v ' 1 ...1; . j f . -. , ' it r . -V . . ' - 1 - it SB 'ImMk. FLOWERS l0R THANKSGIVING . . Here we are again, with every thins; in tne jway 01 cut .,; The choicest selection of Cut Flowers. The,,est service. The -lowest prices, consistent, with quality, .y , , ; , ' f e . ? '4 Faaw -cwtKS -Wr-ot th Valley and Violets. They are sv. . vi. V.i trinA mv. . W avA tinn'r fflH tn Ait 11 PA 80m6 Of In HI. ' 1J BSn 11LW M. an muiU X UB . UVOV mrimm m. . . DIXWORTH FLORAL GARDENS, W G. Jlcrhoe, Prop. ' " to"1 ) 'Phones: Night call 381; .business lOO.' - ft-" Uldg,, Mariliau, Mich. ii 4 DAYS The McKanna Liquor Treatment GUBE3 TO STAY, Safe and 'prompt relief. Call or write to nearest Saaltartom. Addreas , IMA 3-D.W lIQllOaoiri C0"PAfi? COtCMBIA, 8. C. ' .. RETDSVnXE, N. O. , - - , v ' , 120$ 1-3 Main Sfr 'Phone 418. Tbono 181
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 1, 1907, edition 1
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