Newspapers / The Charlotte Observer (Charlotte, … / Dec. 19, 1907, edition 1 / Page 4
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t -5 i 1- :l . .1:3. I .. J. 41.5) , 4. W . l.W No. 1 S.s!.h Tryon street Telephone r ;j;u!rs: fcuslness office, Bell 'phone ; city ditor' office, Bell 'phone 131; rifws ediwr's eltlce. Bell 'phone 234. A sulwcriber in ordering- the address , ct his paper changed, will please In- y cicate the address te Which it is g(H i-ii? at the time ha , asks f or th cnange to be made. . ". -f:;--' ' y y - Advertising rates are furnished on application. Advertisers may feel sure that through the eohiiMisof this paper they may reach U v Charlott and a portion tthe best people in this State and upper Bouth Carolina, v Thla paper five correspondents as, wide latitude as it thinks publio pol- f Icy permits, but It la In no case re. sponsible lor their views. It la much preferred that correspondents 1 alga their names to their articles, especial- ly in cs where they attack prsoM or Institutions, though this is not manded. The editor ; reserves the , right to give the names o( eorrespon . dents when they axe demandd . lor j the purpose of personal satisfaction, ; To receive consideration a communt-s cation must be accompanied by . the ? - true came of the correspondent. ( i ,jv: THURSDAY, DECEMBER II, 107. s f . a imuppri, STfiV. ' We have searched In vain among the scores of exchanges that come to thla office to find a single paper that defends or excuses the performance of Mr. Davis in the Senate, f They have received : the address which he hoped -would startle the world,' with smile and ridicule; and the Southern papers seem to be interested only la keeping ' the nation reminded of the fact that the Senator from, Arkansas Is In- no way related to the Jeffer son Davis of history Mr. Davis has passed Into eclipse. He aspired to the leading role of our political dra ma; he succeeded in becoming its Fool. He wished to wear the senatorial mantle of a Webster; be wears a cap and hells. The man and his Inco herent harangue are fen now being forgotten.' But there Is much signifi cance to us in the reception which the- press of the nation gave to his performance. The day .of the public man of Mr.-' Davis' type Is passing awav. Popular ignorance and the passions which circumstances aroused in os. gave such men their chance and demagogy ftonrlshed. ' But the most carelea observer can see that a newer. neuer 'oraer itcoimnf iu pass among as. Education and in dustry have worked their wonderful chscge. The one is training the peo ple to thins. dSspatslouately and criti cally.' The other has called their minds away from 'he feeling that sce raied their political life, and fsrrtd Twa to be eosaopolitatt la fhoarht and spirit Ws are listening US lessening interest to the man who addresses himself to class, polit ical or sectional prejudice . Breath can n4 longer be substitute for brains; violent feeling can no longer take the place of thought The man who aspire to lead the genera tton that Is coming into citizenship must be able to lead by right of pow er to think, to construct We have had mta of. this type and have them sow, but their name is not legion. One can almost excuse me coarse ' and . Ill-mannered haranaue of Mr. Davis because It has in some meas ure discovered us to ourselves. The people are coming more and more la- .to their own.-; They are thinking. And . when ' th people think, let wrong, falsehood, tyranny, oppression. ' 1 ' ' . r One contemporary seems to be axwnewhatf troubled by onr suggestion that Mr. Roosevelt be sent to the Ben . ate when his present duties are at an ; end. In making this suggestion, and we are not the first to make it, we were not thinking of the question of party. There are some thins that transcend even ; party Ja importance. 'TThe! good ? of the nation certainly should be first In our. plans political. - And who wlU' say that the full knowl edge of .(his nation's problems, the ' tnent and the .Intimate acquaintance w) men and affairs, that Mr. ttoose .' velt has gained . In . the discharge of . the duties of his high office would not make him greatly useful a a Sena ry tort Tha,tna has hi faults oer talnlyj we are 'not In agreement with '11 his policies, But these things can not blind us te his strength and emi nent fitness to serve the people of this country, a a member of its highest deliberative body. The editorial from The Wilmington Messenger . commendatory of Mr Justice-Waiaer'a delivery of the opin ion pf the North Carolina Supreme 'Court in the rate Sase which we are reproducing la another column. Is one of the. rnot. thoughtful, careful re views of the 'rate' case decision we . ave seen To the mind ef The Mes- 1 1 urer Justice Walker's pronounce r .ent Is a learned dissertation of the : U 't in w bjch the court, betrays, deep rreafch aud careful atndy,' while the d.s8cnt!tig opinion of Justice Clark Uz the question. The Messenger's review is sane and logical and we in . e the attention of our readers to it The Mobile Register has the iuvir.tio say:' U v"v". , , fol "f Mrr Bryan can win he Is entitled " ; i is cnanrc, we mm, jvow, if he i-sn r'-t win, and does not win we have ths T ; v I'-m at lat eolvarf, Mr; Vryut. with istcd party l-ti!jid him.? and yet a r. will be disposed of as a political r as far as the presidency is con. 1. It is worth a great 4al t the e. party to fc this problem this a Joke? - If not, we hava a : .i to ask, Where was The Mo : '-'f.-Atr when the storm of 'ii i:: o struck, vtl laying before the r '-" the nmu cx the day. How are we 'to finish our work if you, keep" up this clog-dance of expectation? We push our work away, "ease back". In our chair.. Kings ahd Pres idents and congresses must wait. e are ; thinking of . more important things. The, .faces ; of, children shine upon us their light of Joyous expecta tion. The,,, sound , of many feet of happy shoppers of the night Mis the room. y Old songs )' rise agan to; the , ljpa; It Is well; let these things dome. After all, the significant news'Vf the day is nof in the high transactions of Kings ' and parliaments. They , have their place. But If we could tell the story of the man who carries his wife to shop for their children. to-night his ; Ideas his ' dreams, his purposes we could give you the reat news of the nation's life. The names of .the makers of our destiny will not.ajpear In public print to-day. They are" busy planning lor the great day; they look to the. lights of home,' and , build in the children of the nation loves, am bitions and remembrances . that will hold them to truth and honor .when all other anchors drag. We are distracted as you see. The gates are opened and, we pass through to other, days, and faces and voices But this will not do. The paper must go to press; Bring on the news of murders, : speeches, acta of Congress, movements pf the great ' We will draw back to the work and bend to the same endless task. But we are very tired. , Several Southern - papers have re plied to The New Tork Sun's calling Senator Davis, of . Arkansas, Jeff . Da vis IL - We are convinced., that they know neither The New York Bunjnor the price. of paper. As for, us, we will play. Dominoes something worth while. - - .1 C3UUSTKAS OOXCEIIT. Delightful Recital of the Music Stn- dente at tno jmi)yteruin (Xiliege The Irograinme in Detail. A very remarkablel affair, Indeed, was the students', concert last night in the auditorium of the Presbyteri an College. - One is told that compa risons are not tin order, but one must do the Justice to the head of the mu sical department to say that the re cital last night was the best ever heard in. the college. The programme, containing organ, . piano and vocal numbers, was varied and interesting, and the performing young ladles ac quitted themselves creditably In ev ery intsance. The two choral num bers, "Sing On," by Densa, and "In May-Time," by barker, .were very pretty and well rendered. The Mu surgla. which is the name of this cho ral aggregation, is composed of very sweet voices and bespeaks excellent training in ensemble singing.. . The other vocal numbers on the pro gramme were the "Hindo Chant" by Bern berg; ,L tne r" wose soniy uioom Ins," by eponr, r,uve is a , Bubble," by Allitsen, ; two duets by Caracclolo and the-trio, 'T'he Mtouet;' by Boo eherlnl, -VTKe.-i performing ladles, the Misses Harding, Charlie fBell Craig. Abernethy. Cornelius, MRoselle and Cranford all did themselves,. proud. miss juyrtie Moitae rennereo "weo- estraeume," by Liszt; Miss Lucy Har ris, "Gobelin," , by Binding, and Miss Janie McAllister an "Air tie Bauet" by Moszkowski, ; all piano numbers. and all three did well and were hear tily received and applauded. ' The second part of the programme was ooened bv the olaylng of an ar rangement for eight hands of the first orchestral suite to "Peer Oynf by Grieg. . This number was very ef fective and enjoyable, and the Misses Harris, Wllkins, Martin and carr dis played considerable cklil in ensemble playing. Remarkable talent was shown by Miss Pearl Smith In her rendition of Mosskowski's : "Caprice Eepagnol; she has a very fine, clear technique, f resDlute and vigorous touch and plays with abandon. Miss Smith Is also well acquainted with the proper usage ; of the' pedals which truly encouraging and invigorating in these . times of pedal cuddte-muddte and Is a sure sign of a learned and able teacher. Misses Ethel Todd and Melva Carr, who rendered the "Mafch Orotesaue," by Binding, and "Tarantelle, by Mills," . respectively, sIro played nlcaly and 'were enjoyed by the audience. 'There were two organ numbers given, Orison's "No el," by Miss Mary Owen, and Feulkea' "Fantasia in D, by Miss Helen roll and both were delightful. Mist Foil Is well known here and has aulte teputatton as one of the .finest pian ists in the city,, an, one might say that sne bias fair to become as fine an organist as she Is a pianist. Mr. ahd:Mrs. y.'W. Chapman, of lynrhburg, va., were ' registered at the Selwyn lat night , . Mr. A. O. Lynn, of Greensboro was in Jhe city yesterday. . TUB MAItCII OF LIFE. The foTlowlns ncm was writtan published a number of years ;) bv i not. imncan wcnih lather of the late jonn M'snes iceiir. - Onward, onward, ever , onward, . Karen tne noois ot mortals on! Out of mints and clouds of morning l" streamlets glancing " ' I. Oceans spreading;. ! Mountains looming, . Cat'ra;ts. boomins: Hills and ale on ev'ry hand, ! - BeastM, birds, fruits through all the land. Onward marching, contests wnsjng, O'er the mountains ajid the ptnliy Out of morning mists advancing . mio veiling minis ngnm. .. , Mn end women, . Friends end foemen, AU partaking Or forsaking, "." , f , - All the blessings end dlalresslngs -Scattered sll along the way,- . As they march in proud array, Onward not a moment resting ' Onwiud-not an .hour's delarT Hore la no "abiding city" lien mortals ever ty, . To thlr long .home Vrom whence none eomsk' The troops march on , ' Till all are gone v ' Their life's work rtons Crowns lort or won! Others com on '', i yishtin. nutrvhing, sver m-m Kingdoms to be lotr wont. ' Onward, serving or deriding ' ' God -whe gave them sti-ensth and life, Proving herpes 1 life's conflict ' Or ignoble in its strife! , ' Re It turs to live for something. v .And to shine like urs whn sons, Ilye to ronka the world re-plendont Seeking God's scclaim "well done." , -DUNCAN M'NblUL Rlvsrton, Scotland County, N. C. - I t ,. ... t; : . : s - cur l..-r t c i...i' 'v,e v. ' . i : the folio in? s: .tfirtt-nt and I :;.' that you will publish It out of Justice to us. This agency was organlaed and ii corporated at Siatesviile in, Augu t, 1907; its purpose was and Li. the col lection of Ju.st. debts from people who make a practice of beating their bills. We use great -caution to not accept any debts except those that we are satisfied are undeniably ' honest and correct; we use publicity : where a debtor u able to pay and will not pay. We believe that such debtors Should be exposed to the public for the pro tection of the public. - ' ; , ' During a four-months stay In Statesvtlle, we had signal success and were backed up and endorsed by al most every business house la the city. We did and are doing a square busi ness and challenge any man to show at single case where there ; has een any fraud or "any intent to defraud." The Indictment in the Federal Court for "using the malls with intent to de fraud. was instigated and started on the information furnished bya'party In: Prescatt, Arkansas, whom we ad vertised for non-payment of ; A Just debt; after we had given the said par ty full notice ana chance to aeny tne debt and after the honesty of the, debt eras established and the' party Aad. failed to pay. The crowd of. dead beats who have fought us since the begin" ning of our business,' are behind this indictment and ar using this method to Injure and purchase immunity tor themselves from the payment of their Just debts hereafter. " v r -, 1 We have no .doubt at all of the out- come6f the Indictment and are per fectly vconfldent of securing full vlndl- cationA We shall bring Scores of clients to prow : that there has been pn our part, neither any fraud nor any intent to defraud. Our books are oped and show every Item of business that has been transacted by this gencr.-'''.'- We. wish to state that we, shall con tinue our tbuainess fully as vigorously as before Vnd shall continue to use the UnltedV States mall in bur legiti mate way until forbidden to do so by the proper authoritlty. ;.we are guii tv of no violation of law, State or Federal, and will establish; this fact when called upon to do so. ; The Im munity from paying just debts which the dead beats desire, Is not their yet We believe in our business and Re lieve that we are violating no law: In exposing to the public the meanness of the vultures -that prey upon the ubll.7. The man or woman whom a tide of . adversity, has carried down. and who makes! an honest effort ; to pay. ' is not the person whom our methods are directed against; we make no war on thern.- THE BAD DEBT COIXECTINO i " ' ' , AGENCY, INC. TOBACCO i GROWERS MEETIXCn President Kerns Issue Vth . Call -Negroes Have Serious Fight Special to The Observer. , Reidsvllle, Dec.. II. PresidentH. Kerns, of the Virginia and North Carolina Bright Tobacco " Growers Association, has Issued a call for the nauat 'ineefiilg " of thJ association m meet In Danville, Monday' Decem ber loth.,;- Every- tobacco grower. whether mernber of the association or not is cordially invited to attend this important meeting. Business of vital interest to tobacco growers wilt be transacted and the sessions will prove Vastly . interesting and profitable to those who attend. I The Baptist denomination, led by Pastor Hedley, is arranging for 3 the observance ot a week of prayer be ginning the first Sunday In January, The co-operation of the other de nominations of the town will be ask ed,' and - services wil be held at. the different churchea each night " Mr. J. H. Fetser, who Is boarding out at ex-Sheriff R-ankln's, fell yea terday and fractured one of hU riba Dr. Jett dressed the wounded mem her, and Mr. Fetxer now resting comfortably; ' ' ' , Rufus Blade and Dave Hooper, two colored men, who ,: reside east of Reidsvllle, engaged . In a fierce fight on Scales street, in front of Harris A Hubbard's Mondayv about : noonj When the combUOta had been sep arated it was discovered, that Hooper was severely cut in .several places about the body, a wound Just over the heart making his recovery doubt ful. His wounds were dressed by Dr. 8. Q.r Jett who thinks he has a fair chance If no complications arise, smde was arrested Immediate ly and lodged In Jail. ' : V 'r1 ? Mrs,- John T. . Oliver received message to-day from ? Fayettevllle stating that a nephew was critically 111 and had been carried to the hos pital there for an operation. Mrs. Oliver will leave to-morrow for Fay ettevjlle. . -.f -yi .: . h,, .. Dr. J. C. Walton, ot Chase City, Va., was in town Saturday and given the , glad band by hi numerous friends here. The doctor says the re port that he will-locate !n Durham is n error. He will spend the win ter In New Tork City, attending clinics. , ,',..., Asoondlng Bank Trcarorer Captured. New -York, Dec. II. The Pinker ton detective agency. In thl olty, con- Jirmed to-night a report that WHUum F. Walker, the absconding treasurer f the New Britain (Conn.) -Ravings ; panic, Dad been captured at . Ensen da, lower California. Positive lden . tlflcatlon hat been made and Walker has consented to return to' Connec ticut without ; resort to extradition proceedlnga ylv -ik A-fyy- , ; . How to Get a Husband or Wife, ' Mocksviiis Courier -y - . Any young people who are snxlous to get married will do well ts adver tise m The Courier, as the "Oentle man" who had the "ad" In a few weeks ago Is now well on his way to the matrimonial altar, but his success was not so well In Davie, so he has - taken one ' from another county. 1 May they live a long and happy life. . . ' " ' , Senatorial CamiMlgn Committee Washlntton. Dec. The Sena tors -who will -serve -on the Demo cratic congressional campaign com mlt tee for 1101 have been named as follows: - Clay, Taiiarerro, , Martin, Stone, Newlsnds, Ia timer, Owen Culberson and Taylor, ; ; y , ,The Elizabeth College Choral So ciety will meet to-night for rehearsal at t:9 o clock. . : ' Messrs, Moses and Caesar Cone," Of Greensboro, were visitors la the city Ust night. - . , 1 .5 a a. It Is noS i!T at fill li'fe tl-e "ra it, -is which Hood t-e ':).-. ai'.y ' w l:h ' a v i : aLjjit write-ups, pail for rT.'- lut It is a news Christmas edition of a dustrial" r . towns C( lot of extra i at so rnucli paper the great newspaper. Kalelgh Times.- The "Christmas Edition" of ' The Charlotte Daily Observer, Issued last Sunday, was the. largest and. freak ing from .the standpoint of a news paper, pure and Binrple, the' most creditable newspaper edition of any paper: printed -In North Carolina... Sunday's Issue of The Charlotte Ob server the Christmas issue consist ed of 64 pages. In addition to the usual matter the paper contained many stories, poems and other mat ter or a nigh class suitable to tne holiday - season. ; The tissue was a fine ohe-6tatesvllle ; Iandmark. r bne 'Jif T; the ! most : "of y creditable Christmas editions of a newspaper' In North Carolina was the last Sunday issue of The Charlotte Observer. It contained s pages and it was not all devoted to advertisements, ' but - the bulk of It Was good, appropriate read ing. The Observer knows how to pro duce a good paper and when It an nounces Its determination to pro duce something good, you may depend on seeing,- great , results. Durham Recorder, . , , ' . Last Sunday's . Charlotte Observer was that paper's "Christmas edition." Its magazine section, devoted, especi ally .to- Christmas reading matter, contained two designs which were the artistic work of Miss Atha Hicks, of this city. This Is an -Item which will especially Interest the friends of 'Miss Hicks in this city, and all who have had the rood fortune to, see them heartly. congratulate . that youna- lady on. her , artistlo work. Wilmington Messenger..,. - ,.y T'! ,. ft . The Charlotte i-Observer , did itself proud in - its Christmas . edition of Sunday. It contained (4 pages of In teresting and entertalnfng matter and Is a gem from any viewpoint Among the many striking contribution was the poem. "Because," from the pen of Cleveland's . ' gifted -. - son Rev. Plato Tninn - Durham . and whose literary work loses none of Its beauty and brilliancy by comparison with that 1 of the lamented John Charles McNeill. Shelby Star. . We all admire brilliant work.- A stroke, . par excellence in newspaper- dom, was the Sunday edition of The Charlotte Observer.. It blazed the way to Chrlstmastlde, with good things wholesome . and palatable food - for thought together with fresh news sparkling with : the " dew of energy upon it. like a brilliant meteor ath wart the North Carolina Journalistic firmament leaving a shining -glow in Its- track. :- It. was a Christmas edi Uon,i and put much 1 cheer Into- this season of happy thought It was The Observer's best piece of work and it Is noted for doing excellent things. uurnam Bun. s ,t, ; .f '. i , M.The handsomest 'paper from s ty pographical standpoint and the most excellent from 'a literary, standpoint as well as the largest in size ever Is sued. In North Carolina was the Christmas edition ,of The Charlotte Observer, which 'was Issued Sunday. The Issue bespeaks volumes for the efficiency of The. Observer's staff and mechanical force and for' the - com pleteness , of th, establishment- The peciai nature or tne paper, et pages in ait was tne ts-page magazine sec tion, printed on book paper and em bracing original matter from the best literary talent In North Carolina, It is a notewortny tact tnat tnree or tne feature pages were by Wlnston-Salem people, as follows: "Holiday customs of. Historic Salem; by ' Mrs. John Paul Lucas; ;"DayB . of the. Right Hand," by Mrs.IJn-Isay Patterson; and -"How Parthenia Cam Into Her Own,"- by Miss Jennie P. - Buf ord.-r winston-eaiem journal; The Charlotte ' Observer did Itself proud Sunday when It issued a band some rand interestin Christmas .edi tion consisting of 64 pages, the most ambitious effort it has yet made In the matter ot a special edition." it was replete with good things for both young and ' old.1 lovers of fiction and ot fact alike. 'It Is gratifying to notel tnat most or tne material tor this is sue was furnished by North Carolin ians, a fact of which The Observer is no doubt proud, .' as - all Tar Heels should be when a feat of extraordi nary value is performed -by home peo pie and home talent; Mechanically the paper was, to use a slang term, a beauty.- Tne illustrations, - many , of which were also the product of home talent were especially good and lent much to the attractiveness of the pa per. . The management ot The Ob server deserves much praise for. hay ing issued me biggest Christmas pa per ever ; gotten out In the State.- Gastonia Gazette, m'. JUSTICE WALKER'S OP1XION. Commendation For the Able Decision In tha Rate Case Based Vnon Well Adjudicated Principle or Law Compared With Judge i Clark's version.- : ;?. Editorial In Wilmington Messenger, - The friends . of Justice Piatt D. Walker, of the Supreme' Court are gratified to hear the many commen dations that are. being made on his able opinion announcing the decision of the court In the famous Indictment of the Southern Railroad which went Up to that court from Wake county. The whole Bute nad been waiting for two months or more "to know how the court would decide this case and to jearn wnat reasons it would give lor .tne oecision rnaae. -our readers know ' that the. four ' associate iw thys agreed that - the decision, ot Judge Long should be reversed and that Justice Walker was appointed by the court to write the opinion of that body setting forth , the . reasons : of ths court: where bv it came to such decision. Ills opinion is too long to be given here- in run, bufc-we ;wlsn to call attention to some of Itn lead lng features and to some of the ar guments in contention With Chief Jus tice Clark who dissents from the de cision of the court and ( thinks the ludrment of the court below shonld stand. In our humble opinion Mr; Walker's pronouncement of the de Clslon of the court end of the rea sons for holJIfrr'as tt does Is a most lfurned dlwertation on the law eppll rable to the case. It shows deett study and careful research Into th iw for reasons whv the cae should be de cided as it bus ben bv the court. On the othr h-nd Chief Justice Clark's Otssentin or lnlon i nnt at all on the law In the cue. It her the question ana Is more, of. political i t ' a v 9 t ' i t , i . I : 'I o,a .36V? T ' '."S Wl 4 i I;"-. lenel tr- ,' r and I lavs ,i t:. I w: ' atl all. : I t .t i n they w-? strlvir? far t a rrstfrv. ft.? l 9 and tiat apf -aled to tl ryr of each, one for the cV. I an a iirra believer in yoitE trtatm nt knowtns; what It did for i'e an in fluence I cannot explain, but, to my dying day I will .believe In its ef ficiency and will be loud in Its praise. Tou have enemies, but it is because they do not know. With best wishes for the Institute's noble work, I am, , , , . . Tours very truly, . v ' : s II. O. COVINGTON, y LAurlnburg, N. C, Oct. JJ, 1906. argument, from . a ? populist some might say anarchistic standpoint. . Air. walker's opinion shows that It & well adjudicated principle and one not to be questioned that where new offense or crime has been created by legislative enactment and m the , act a particular punishment prescribed only that punishment and no other can be imposed. That Is the principle which governs the court in jecioing this ase. Justice Walk er cites no end of cases maintaining tnat position. In oartlcuiar he citea Justice Ruffln's" opinion in the case of state against Snuggs in the elrhty-i fifth- North Carolina Supreme Court reports in which the Justice, speaking for the court says:. ' - "Tne statute not. only creates the onense, put fixes the penalty that at taches to : It and : prescribes., the method' of enforcing--It and the rate of law Is that wherever a statute does tnis, no remedy, exists' than the one expressly given, and no other method of enforcement can be presumed than the one prescribed. The mention of a particular mode of . , proceeding ex cludes, that by indictment and no oth er penalty inan ma on v denounced can be lnfllcted. . . . It would seem that thla were num. dent for the court but Justice Walk er goes deeper into the case and shows that he has searched further oacK . tor reasons to support his and the court's, contention that the South era coma not be indicted in this case no quotes: tne railway rate case, Which provides that antr ralrnaA vin. latlng the provisions of the act "shall oe nanie to penalty of five liundred dollars for each violation recoverable in a CIVU suit bv the Mnmn nr-rlAMl" and that any -ae:ent of the comnanv violating the provisions, of the . act snaji oe guilty or a misdemeanor an J on conviction shall he fined or Impris oned." Justice . Walker and the court for , whom ,he speaks holds that the railroad , in , this case 1 can onlv be win a aeu as tne taw prescnoes. cmier Justice- Clark. In his diasent. Ing opinion, hold that the case of ttate vs. snuggs joes not aiDlv In pls case and th-at It It does that It should be overruled by the court He argues that since -thfe i legislature made it a misdemeanor In the 'agent to sell a ticket at more than A car-. tain price it Is a misdemeanor In Uhe company tnat required the a-nt to qo so on , tne principle that he who procures another to. commit a crime la equally, guilty as the one who com mltfl It. ' - 1 . i , JnBtlce Walker's renlv to. this -Is tnat u was one act, tne sale or a tick et in violation Of the law, that the Legislature has said that for this act ithe agent thai be punished criminal ly and. the railroad "company which directs the act to be done shall be liable, to a penalty of five hundred dollars to be sued, for by the party aggrieved, and, says the cOUrt,, under the well-settled principles of law the company is not , liable to any other punishment than that which the Leg islature has specinea Chief Justlca Clark says that the Legislature Intends to make the rail road guilty ot a .misdemeanor as it made the agent and that : at least the railroad -was an accessory to the act oi its agent. - To this Justice Walker replies ?The statute . Itself, by Its very terms recognizes this fact that -the corporation can act only by its agent and therefore that the act of Its agent is what renaers n uabie ror tne pen alty. :, If a corporation can act only through its agent and thereby be comes in raw completely1 identified with Its agent' how can It he acces sory to Its act- for In such a ease It must e . accessory to its own act which la a legal absurdity." , The act prohibited is the act of the corporation, done at its command by Its azent ana tne Legislature pre scribes as a punishment for It that the corporation shall be liable to penalty, and the agent shall he pun ished criminauy vy nne Bjia imprison meht.'.' ':..'. Judre ciarv snakes answer to this. that the Legislature intended, some thin" else 'than It1 said; that "every ho.lv know that the Legislature in tended to use the full, power-of the law to make the railroad companies obey the law." . . " . - Jndw Walker .holds on 'the -con rrv that the L&aislature Is presum ii in know t.ieviaw ana to nave in mind the existing law when it enacts a new one, an a tnat in icrzisianve intent' Is sh clear and unmistaitabie that It wotld seem to be Impossible to misunJerstand. what ia so plainly erfressed. - - ' . ( .-. , Without evading, In the slightest Uerree, the cble justice's arguments, t.4M Waiver mets every-wolnt Jus tice Clark makes, and- plainly and with candor considers tnem in aetau and dispose t tnem on-weii estao Tn.teedyMs opinion is nianiv cren liable to him foe ' Its ptecHon, Us olearness. IU Vucldltv, as welt a for the soundness of the legal principles on which tt is h""eJ. It wlir re dound. to hia rreau in mo y-ar i ome as any Imnsrtlsl and learned turlat snd as a Judl'lal writer. This Mnftinn on n endunna basis as one well "nallfle to - adorn a hhTi opinion : will wo . far to establish his Judicial, position. Deere li Fe jtronrv CmifcrreA on :!--.'.y. .':,?, '- ,1W"T io""""i""' . iAi::'ttep. 18. The degrees In Free Masonry 1 were conferred on Booker T. Washington, president of TUakagee Institute, Alabama, by Wil liam Lloyd Marshall, grand master of Prince Rally Grand Lodge A. P. and A. M.. 'of llasoachusetta, to-night, at the apartments of the colored mason It. C. Elnford, grand master of the grand lodge of Alabama, In whose Jurisdiction Dr. Washington resides, officially sanctioned the granting of the, degrees and sent a letter ot congratulations. Rc:tcd bitter dicphyedt can have more time no ru:h and can ret better ddiveriese Trv cdrlv ' ,'., .10. ftct better rvicee By ; the Toy? Everything to amuse the little 1 ones many useful;; : semceaDie ;xoys iorooyis ana gins ; ,.,- . Geuuine OrientarRugs, One-Third Off C . t These are the genuine, but - oi. oeing bo expensive; i ; rm A ""'' .out.., iney are-tine gilts. vUngmai pnees .ou ,to . ,$25.00. i3ig.Jme dxVZ ;-v;r Cut Glass Gifts Xy. y-v' An elaborate display of rich, deep. Cut, Glass of everjr ' . aescnpuQn ana prices Sterling Silver Two and three pieces of a ; rrencn ano unencan v-docKS One Impojted Clock, phimes , - iranae, Deanuivu , styie , SmaU French Clocks.". . : Gat abeks. . e , . Special Lot 111 Mil HI III I' 1 Kill .11 llllll pieces for. table; in fact; most anything ; you can 'y : ' thmr nf'iTi tViis Int fnr 2nr. ;,Tinnlr nt fhA rtifnrw ?n ' ' China denartment. .' You want to see that bis sam-, pie line '.Hand-painted. - v . A1a14m1 XT 1 a .JTUst v v $ pu, mission jxocers ; : ; ; These are serviceable Chairs and Rockers for Children.' ' and -are splendid f or . Other. Rockers and Morris Get Your Wife a Fur, -Consent Sak w . If tou. have no wife, get one ' ' InPSR HTP irniTljr KIT: JI11K II IPSX I.MH.TI rr IFl 1 1 H r rillllirnU': ': Furs "and Miii& J- , ? n3 - a, y- Q-rofol ; ViAiicinrirl rtllnrfl . -f..: le, .ItAliJlAU J A . y.yT5IA y tiockett? fete- f We;Ask To be' mtient' with our deliveries; as intakes ; time; and j f when convenient, if they will carry small packages ' ' 'they will confer -a' great, favor. on ys and the de- -' livery boys, who have; to deliver -till possiblj 1 cr 2 o'clock. Request Those getting goods through mistake of delivery will " kindly notify us. No goods' sent on - approval, a3 we are too busy. , ; ! J ' ¬ X ;h:i cro g:t fc:ttcr attcaticn and morning choccinT and . . . . - . 7 -" Thousaiids are slow sellers on account ! bo we wisa. xo ciose . - inem f -i " '." a,''" . a a .-,, Druggets. . 12.50 to ?10100 ; just as .cneap as tne cneap- Carving Sets make that' has no' superior , ; each 14 hour, mahogany '. v. t ; 4vJ.uu tf . ;1 'J r. X. ;.$25.0Q . : . ?. .$10 to $10.00 25c Qiina. ill I IN ill 111 17M1.I1IIM. . KIIIJ1.11 ;, China; and v those ,: Sample ? ,i , . . . 4 V $1.50 Chairs from;. $1.00 to $6.00 . .... - foiyour mother or sister, - . ,? i""v; , ,V. a ? ' r r'. s ' ' " J wnrfri hnrt incr.'hpMi finnt 'iift y AaKan -.T)ti A a1 t :;':"V'. T5-a fWi - t '.: tii V ' i Customers - r x Kn:::ri::fjn?ru:it"
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 19, 1907, edition 1
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