Newspapers / The Charlotte Observer (Charlotte, … / Aug. 24, 1908, edition 1 / Page 10
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. I 10 CHAELOT TE DAILY OBSERVER, AUGUST 21, 1903. Tike :-Reca0 Eatc&IMtEoini: I purpose la this articl to disc das without prejudice, witnout passion and without partisan bias the .rate 1( c lsUtlon - recently- enacted . ' la the Southern State. Before the agitation of this Question, railroad building and Improvement were going on by leaps and bound. Capital wu flowing in - like a perennial stream and tne bmbu lisd entered- upon a career of pros perity nffparalleled In 'her history stud was recovering her atrength Uke Antaeus, the earth-fabled glaat, from tho touch or his mother. In order to , meet the Increased demands of trans . portation Incident to the growth, de velopment' and Increase In her popu lation, the Southern railroads were building double tracks on their tnain lines, . constructing new warehouses and passenger depots end other per manent Improvements. The net earn-j ings of the roads were not ample ror - making these Improvements, so the road bad to borrow money on long - time. These Improvements neces . eltated the purchase of such material a lumber. Iron, brick and granite ana th employment of a large number of laborers, thus putting into circulation ' vast sums of money and adding to the general prosperity of the country. ; The agitation of the reduction of rates Impaired the credit of the roads, so (hat they could not negotiate loans. tience these Improvements were e- checked, men were thrown out of employment, their families reduced to - Buffering and distress and the general prosperity of the sections penetrated - by the roads was retarded. A prora : Inent . lawyer who investigated the matter said that the number of men who were thrown out of employment , Jn the three Southern States of North Carolina, Georgia and Alabama by this rate agitation was over 25.000 and, giving Ave to the man as his, family, that would make 125.000 peo : pl who- were affected and who suf- , iered for bread and clothes. What doe the politician seeking an office ' care for the wail of distress or the tioarse croakings of despair of poor . women and children, so that he can I fatten yi a big salary and receive v plutocratic fees as attorney? They re as heartleaa and remorseless, as cruel and unpjtying, as Insatiable In their greed a Minotaur, the fabled monster of antiquity, with the bull's tody and a human head who annually devoured seven youths .and seven maidens. The people were satisfied : with conditions then existing. There . was no demand for reduction of pas senger rate. There was some dis satisfaction about the discriminations fa freight rates in favor of mm town over others. Of courxe, no Juit man would attempt to defend such discrimination, for that gives one town an advantage over another. But In the three States above named an agitation waa begun to reduce the passenger rates, with a view to grat- , Ifylng the poor and Ignorant. The Legislature of 1907 paxaed an ct reducing the rates to 2 1-4 cents a mil. Judge prltchard, upon the peti tion of the railroads, granted an Injunction forbidding the execution of the new law. Governor Glenn, as the Executive of the State, said the new law must be enforced. He ordered the indictment of air persons who re fused to sell tickets under the new Jaw. The railroad employes were or dered by the railroads to obey the In junction of the Federal Court and sell tickets at the old rate and to disobey the State law. The ticket agent at (Raleigh of the Southern Railway was Indicted In Winks Superior Court for selling ticket under the old rate. x-Ooverno Aycock and other able counsel were employed to prosecute film In the State court He was con victed and fined but allowed to resign. Two of the agents of the Southern Railway at Asheville were Indicted for veiling tickets at the old rate and they were convicted and sentenced to the roads. They applied to Judge Prltch ard for a habeas corpus and he dis charged them and the State appealnd to the Supreme Court of the United States and the court sustained Judge Prltchard and declared the State Jaw tinconstlttrtlonsl under which' the de fendants were indicted. W had this unusual spectacle the State, paalng a law reducing rates and making it a crime to sell tickets at the old rate and not obey he new law and Judge Prltchard Issuing an Injunction forbidding tho execution of the new law. What Is the employe of the railroads? He Is between two fires. If he obeys the In junction of the Federal Court and dis obeys the Htate law, the State authorities s "Wn will prosjvite 9'OB and punlnh you." If he refuses to obey the Injunction of the Federal Court, Judge Prltchard would say, Tou are guilty of contempt and I will rut you In Jail." Bo like the old Bap (1st doctrine the employe will be damned If he does and he will be damned if he don't. The Supreme Court having declared the rate' law ajnconstlutlonal and having sustained Judge Prltchard, the law was null and Void and there was no las-. Here we siave this spwctacle. the Stats of North trarollna peecuting and punishing tier own citizens for refusing to ohvy a Isw that the Supreme Court says is r law. Jt tis now dlscuns this question. 3 It the doty of the executive de partment of the government to cxe rut a law jf the Kxrcutlve be lieves the law to be unconstitutional? Thl Is a grave question. The State and Federal governments are both modeled after the same plan. Each Is divided into three departments, the legislative, the Judicial and the execu tive. They occupy to each other the relation of co-equals and co-ordinates. Neither can say to the other. "I am uperlor and you are Inferior." The legislative enacts lw, the Judicial Administers them, and b executive execute them, if the Executive be lieve a law to be unconstitutional, is Si bound to enforce It? Let m tell you what Mr. Jefferson. be father, of Democracy, did. During h administration of John Adams, the second President, the alien and sedition law ws passed. Under the lie law the President waa author ised to and foreigner out of tha country whom he believed to be dan rerou to the peace and safety of the ! XJntUi . State. Under' the sedition ct It was road a crime for ny on "to write, print, utter r publish any false, scandalous and. malicious wrlt- iiunr nm uouae or BY c .& woorct. th President wfth the intent to de. fam ct to bring them. or either of them. Into contempt or disrespect" Th act were passed by the Federal rrty then In power nd caused great Indignation throughout the country. SHE LDOCD GOOD THTffGg. Mrs. CbsaJE. Pmft h, jgf yText FrnkU(fc taught tan be -f ? 4 in. saya; 1 I K goo things and .ave adopt TV King's New Htm Plile a cur jiulr laxative inrdicine. br-au Xr.rf are ood and do fbelr work without r-isk'-.g a f' alxut it." Thn pinlss j!j-::.tr so. J at ail drug siet. w& They were regarded by the Republi can party as a, palpable- violation of the constitution .which guaranteed the liberty of pech, freedom of press with the right C-f trial by Jury-la all cases. The Legislature of Virginia and Kentucky declared by resolution these acts unconstitutional ana ap pealed to the other States to Join in opposition to them, Mr. Jefferon was th. author of th Kentucky resolu tion and Mr, Madison of the Virginia resolution. Those resolutions iormea th creed of th State, right Demo eratla ' nartv from then until . now. These resolutions were passed in 1711. Mr. Madison mads a- very, elaborate renort on his Virginia resolutions. covering mors than twenty large pages of fine print It I one or tne amest State turners I have ever read. I have always regarded him as the equal of Mr. Jefferson, and in ome respects his superior, although Mr. Kandoipn said with his bitterest sarcasm tnat "Madison was always some great man's mistress, first Hamilton', then Jefferson's." The alien and sedition laws -were so unpopular they caused the defeat of Adams and the election of Jefferson. Adams enforced the law rigidly. Aliens were expelled ' from the country and under the sedition act editors were indicted and Imprisoned. The first victim was Matthew Arnold, of Vermont, an Irlsmman, and editor of a paper. He had de nounced the President and referred to his address to. Congress as the King's speech. He waa tried and convicted, and sentenced to our months' Im prisonment and a fine of a thousand dollars. The fine was refunded to his heirs by the act of Congress In July, 140. Jareal Peck, an eminent cltl sen of New. York, waa Indicted fo circulating a petition to Congress to repeal the alien and sedition laws. He wss Indicted in the Federsl Court in New York City, was arrested at his home and carried to the city for trial A historian speaking of this case says "A hundred missionaries In the causa of Democracy, stationed between New York and Oooperstown, could not have done so much for the Republican cause a the Journey of Judge Peck as a prisoner from Otsego to the Capl to! of the State. He was regarded as a martyr for the freedom of speech of the press and of the right of peti tioning." ' Other cases might he cited, but these will suffice. WMh a bitter feel Ing against Mr. Adams for executing these odious laws. It was natural that he should be defeated for President. Mr. Jefferson, from his home at Mon tlcello, was regarded as the master spirit in opposition to; these laws. He wss elected President. He said the law was unconstitutional, null and void. He refused to execute the law and ordered all prosecutions against defendants in the Federal Court for violation of these law to be stopped and directed that all prisoner in the jails should b released. Here we see Mr. Jefferson refusing to execute a law became--he considered It uncon stitutional. He held that tho three departments of the government, the executive, the legislative and the Judicial, are separate. Independent and co-ordinate and each . equally clothed with the exercise of supreme pewers In th discharge of duties within Its sphere and equally author tsed to Judge for Itself of what Is snd what Is not constitutions! matters within Its prescribed sphere, In cases properly before It andv that no one of the three Is bound by the decision of either or both of the others on any constitutional question. This is the view of Mr. Jefferson, and can It be put any stronger? If the position f Jefferson be true, then It is the duty of the Executive not to execute any law that he believes to be unconsti tutional, for If he did he would violate his oath to support the constitution and outrage his conscience. In tho execution of the rate law paittted by the Legislature of 1907 the State authorities were executing a law that the Supreme Court declared un constitutional and was therefore no law. General Jackson took the same view that Jefferson did when the former removed the deposits from the national bank. His Cabinet was op posed to it. His Secretary of tho Treasury refused to execute his will snd he removed him and appointed his Attorney General in his place, and he executed the order. For this act of fidelity Jackson made the Attorney Genera! Chief Justice. General Jack son wss a bold, brave men. Like NapoWn, he sought no advice, but acted on his own Judgment. All great minds act In this way. Counclbf-aro good for safety, for retreat, but for daring acting one great mind Is want ed. Napoleon when he assumed con trol of the army of Italy, said to one of his officers who made a euggestlon to Mm; "Obedlenee 4 not advice Is what I want." Calhoun, Clay and Wehsder formed a combination against Jackson and. they were called for the first time In 'their lives the great trio. The opposition to Jackson assumed the party name of Whig, the old revolutionary name, and Mr. Calhoun is said to be the author of this party designation. What strong bed-fellows politics makes of men! The Senate passed a resolution censuring General Jackson and de nouncrij his act as unconstitutional. Mr. Benton, of Missouri, and Mr. Forsythe, of Georgia, were the lead era In the Senate to defend Jsckson. Under the lead of Benton the reso lution of censure waa afterwards ex punged from the Journal of the, Senate by havjng black 4Jnee. drawn.-around it. Congress had ordered the public funds to be deposited, in the national bank and Jackson, apprehending that the bank was insolvent and that tho public fund were unsafe, violated the law of Congress and removed the de posit. Her w have Jefferson, the founder of the Democratic party, and Jackson. th great expounder of Its principles, j rriiuuBg; ij oory an act i congress snd holding that they had the right to Judge of the constitutionality of a law. Every man who was prosecuted and punished under the rate law was un lawfully prosecuted and deprived of hi liberty without due process of law and the Stat was a party to an set ef despotism against her own cltlsens. as flagrant th despotism of Rus sia. It I th duty of government to protect Its cltltens, and not to op press thsnr by laws that ar uncon stitutional and void, for they ar not laws, and the enforcement of them 1 .-.v.v.is. .. J. .TSss.- MiiHiil Tie , f,!erdi2nls.& . Farmers fi'-ticrl (ted LOCAL OFFICE U. R .WEATHER BU . ., ' BEAU. Chariot!, Aug. 3. Sunris l: a, m. atrraa ef -ehg-tHMfVJ- IHmilf'TjnUKiftvTrStSSms JJj craaiv autnorwy. Th conditions that existed In North CarollnaToenr fla and Alabama last summer were a disgrace to the State. I. . don't blame the people for what they do, for they are Ignorant and . know no better, but J do blame the lawyers woo ougni io ksow better and wh- poruen or our people, for appealing to and arousing tho lowest and vilest passions of th mob. Th m who stir up strif and hatred amonr h . people and causes distress and suffer ing is a public enemy. The people have been taught to believe that the railroads are their enemies and their mind ar so poisoned - tAat they can't do Justice- to the roads, even in the court house of the State, and it is a matter for regret that sotn oi our Judge share in this prejudice. The people and the corporation ar dependent on each otner ana - vntrrp should be no enmity between them The people and . the corporations should both desire to treat each other with Justice. There should be tne same cordial relation between them as existed between the famous twin brother mentioned in" my mythology. Castor and Pollux, who during life were faithful to each other and when they died Jupiter rewarded the at tachment -of the brothers by placing them among the stars as Gemini, tne twins; or as the two brothers. Cieobls and Biton, who were celebrated for their attachment to their mother, whose chariot they once dragged dur ing a festival to the temple of Hera, a distance of flveTnilee. and who at the request Of their mother, the goddess, granted them what was best for mor tals, and during the night they both died while asleep In the temple. The people were told by the dema gogues that the corporations were their enemies and would grind them, to powder under their relentless' tread, and they were lashed Into a state of the most turbulent fury. Fortunately for thn happiness anf prosperity of the Stae there was a palladium of Safety from the pitiless storm, found In Judge Prltchard, who protected the property Interest of the corporations and saved the de luded people from their own madness and folly. - It requires nerve and courage for a man to do his duty In the face of a howling populace. ' "The brave' man is not he who feels no fear. For that were stupid and irrational; But he whose noble soul Its fear subdues. And bravely dares the danger nature shrinks from." . When Themistocles proposed to Arlstldes to burn the fleet of the com bined States, then at anchor In perfect security In the harbor of Pegasus, a scheme which would give Athens the. absolute command of Greece, he said,' "O, Athenians, what Themlstocles recommends would be to your ad vantage, but It would be unjust." That was an exhibition of moral gran deur. When Mr. . Webster return ed to Boston after he had supported the compromise measures of 1R59, which gave offense to the abolition sentiment of the city, he was hissed by a howling mob as he rode along the streets In an open carriage. He arose. and proclaimed to the people that they had conquered an uncon genial clime,, they had con quered a sterile soil, they had con quered the winds and currents of the ocean, they had conquered most of the elements of nature, but they must yet learn to conquer their prejudices." To address a hostile crowd In these words was the highest, exhibition of moral courage. Judge Prftchard ex hibited ss sublime moral courage In standing calm and serene and doing his duty In these troublesome times, as did Arlstldes and Webster. He could say with Drydcn: 'Let fortune empty all her quiver on me, I have a soul that like an ample shield Can take In all and verse enough for more." I don't believe there Is another man who would have stood as firm and un shaken as Judge Prltchard did during this relentless storm. Let me conclude by quoting, a ap plicable to him. what Hallam says In his history of the Middle Ages in speaking of the brilliant reign of Charlemagne: "But perhaps his greatest eulogy Is written In the dis graces of succeeding times, and the' miseries of Europe. He stands alone Ike a beacon on a waste or a rock In the broad ocean. His sceptre was as tho bow of Ulysses, which could not be drawn by any weaker hand. In the dark ages of European history the reign of Charlemagne affords a soli tary resting place between two long period of turbulence and Ignominy, deriving the advantage of contrast. iotli from that of the preced ng dynasty and of a posterity for whom he had formed an empire which they were unworthy and un equal to maintain. THE WEATHER. IVaehlngton, Aug. 21 Forecast: Virginia, showers Monday and probably Tuesday; variable winds. North and South Carolina and Georgia, showers Monday and Tuesday; fresh south to southwest winds on the coast. Fast Florida, occasional showers Mon ay and Tuesasy; ngni to iresn wmas mostly southwest West Florida. Alabama and Mississip pi, showers Monday and probably Tues day; variable winds. Louisiana, shower Mondsy. Tuesdsy partly cloudy, shower In esst portion; light to fresh winds mostly south. Kant Texas, local showers Monday; Tuesday generally fair; light to fresh sot heart to south winds en th coast. West Texas, fair Monday except show ers In extreme west portion; Tuesday fair. Arkansas, local shower Mondsy, cool er In east portion; Tuesday fair. Tennessee, shower and slightly cooler Mondsy; Tuesdsy generally fair. Kentucky, local showers Mondsy, slight ly cooler In west portion; Tuesday gen erally fair. ; ' Wert Virginia, par Or cloudy Monday, probably local showers; Tuesday gener ally fair. . V OF CHARLOTTE, HY C, Surplus ana Profits ;Vvi ;Y;: 11,000.00 ' Accounts of Corporation Finns and Individuals We Issue Certificates of Deposit . Payable on De-; inand Bearing Cent.' Per . ; . . Annum if Left .Three Months or linger, t ' , ; We Also Pay 4 per Cent, on Savings Deposits and Compound the Interest Quarterly, v V V We Want Your Business. GEO, E. WILSON, President. r V : TN0. B. ROSS, Vice President . ; "Jordan' on tit ssjuara. ssasssssssssssssssssaaajass E. "P. PurcelL President. - D. A. McLaughlin. V. Prea HUYLER'S CANDY FRESH and unharmed by the hot weather. Get a box to-day. , - . ssassaJSssaaMSlSllsaWSaasssaasssil R. II. JORDAN CO. 'Pboa T. NURSES' REGISTER m BE1XQ PREPARJED Fir, like other troubles, invariably crosses each human path and leaves its wilting mark behind. y' Tell your sorrow to the minister and bring me your . , FIRE TEARS rve th panacea, a protective policy. It doe not prevent fire, but pay the damage bllL Money for ashes cost Uttl. Ask F. D. ALEXANDER He writes rir Insurance. BANDY Jt MYERS, Consulting Engineers. Water Supply and Purification, Sewerage, Sewerage Disposal, Roads, Streets, Pavements, Water Power, Hydro-Electric Plants, Irrigation Drainage; Reinforced Concrete, Sur veys, Estimates. Plans and Specifica tions. Construction Superintended. Complete Plants desigtied and con structed. Main Office. I75-7T Arcade Building, Greensboro, North Carolina. Branch Office, Laurtnburg, North Carolina. 6 PER CEWT. THE SAFEST INVESTMENT OBTAINABLE IS A FIRST MORTGAGE ON CITY REAL ESTATE. Writ for booklet describing our First Mortgage Real Estate Bonds. NORTH CAROLINA TRUST 1 COMPANY, Greensboro, N. C Cash Capital. $1X5.000. A. W. McAllster, president R. J. Mebane, See. and Treaa ry . GILBERT C. WHITE, C E. Consulting , CIVIL ENGINEER Durham, N. C. Waterworks. Sewerage, Streets: Wt ter Filtration, Sewag Disposal nans, Report, Estimates, . Super vision 01 construction. . REAL ESTATE FOR SALE $3,450 For 7 -room house and lot. Piedmont' Park; city . water, sewerage, electric, light and on shady side of street $8,500 For 7-soom house and lot. East Ninth street; all modern conveniences, lot 4 1-2x118. Thl property la offered at a low figure. 91,750 For vacat lot close In. only two block trom aquar and on a street which will be full of business house In the near future. Now la the time to purchase this rot J. E. Murphy 4 C0. 43 N. Tryoa. 'Phone 843. 0RI RIORTH TRYOW STREET y offering a new (-room cottaga, for $!0. Term a fol lows: y On-fourth io one-third cash- and V. th remainder" either through th Building and Loan Association of tin note of on and two year. It you are now paying reniwlli not ith bettar 'policy b to turn your rent money into, payments a ' plac that, you could oon call your own ?, with onlyn.fourth r'ona-thlrdi cash w can mak tha balance easy. .' ' ! -' . ' SOUTHERN Rttir ESTATI:;' WAN i & IIUIST COMPANY : Capital, $75,000. J W. a ALEXANDER , '"V?.;' y '' ." .- ' President' '- yl 'A Surplus, $100,000. . R. A. DUNN. , a. m. McDONALD. - Vic President ' ; Sec and Trv First National Bank CHARLOTTE, N 0. ?Q Oldest KaUonaC Bank y. in KortH Carolina. : ,:. V Government Depository. ' e j " ; Capital and Proffu $550,000. 4 '' per ' cent interest on time : d posit. AccounJ aoltclUd. a " 1 ; HENRY JaT. UcADEX. i.;.:- :- ., . President... . ' JOHN r. ORR """V , ' . , ' ' ,:. Oaahler. ' . FOR S2tLE"F2lRM Splendidly adapted to trucking or general farming. Ha large, new lQ-room house, 4 -room cottage, larg barn and crib. . Thirty six (!) acre of splendid land In good state of cultivation and level. Borne wood on place. ; Any on desiring a well equipped mall farm can buy thl on at, about what tha improvement ar worth- Located four . mile wet at Chariot. Prlc ..... $4,000 The Charlotte Trust & Realty-Co. QUICK SALE E 9th COTTAGE . Q23QO.QO CAN ARRANGE TERMS Five Room, Modern Conveniences Brown (k Company. 203 N. Tryon St. 'Phono 535. A T WORK FOR YOU ' Is your money making money for yon? The more of it yon have employed for you, the less you need to work -yourself. If you keep oa saving and putting your savings to work the funded capital of your earning year will gradually tako up th burden and you win not need to work at alL -We pay 4 per cent and compound It quarterly. We hav a few Safety Deposit Bose JfoiLirnl" Southern Loan 5 Savings Dank JOHN U. SCOTT, President T. S. ALEXANDER Ylco Praa . W. Xj.JEXENS, Cashier. . ' v The American Trust Com- ; pany invites Accounts on the basis of courteous treat : ment and as liberal accom modations, as the nature of the Account warrants. . 7 v.' . ! .. "7 ' Ofllce in - The Trust Building. THE CHARLOTTE NATIONAL BANK V Resources $1,500,00000 Our method, of doing Kuiness holds old friends and 'gams new ones. . B. D. BBATH. President ntO. SC. SCOTT. TTca, President. .., f. B. ITTTLE, Presldenff. T ' ' W. K TAvTTTT, CaghleK TKMPERATURB t degree). Highest temperature ..' ,, ...... ' gt Lowest tempersjur .. .. .. ... ' ' Mesn temperatur .. v. .. .. .. .. .. 7 . Kseea for day Accumulated excess for, month ...... 'J Accumulated excess for year ........ 117 - PRECIPITATION, (In inches). . Total tor ti hours ending I n. m. otal for th month .. .. ;. .. ,. Id Accurnulattd excess for month .. ., I ll Total for the. year ., .. .. .. ,. . Accumulated deficiency for year .... t.tt Prevailing wind direct to .... .. ..8. 1 W. g. BKNNETT, Ot server. To be considered in selecting your bank-cstrength rjrftrffiiV management, courtesy and ability to proper ly handle all youTSyasinooPi ' V ' ' " - '. COIiERClAL NATIONAL BANK CHARLOTTlvTNrC; Capital $500,000.00. Surplus $310,000.00. Fourth ! Ward Duilding Lot We ofler for. al on easy term on f the moat deairabl build-, Ing lot in Fourth "Ward.' Situated at 0T North Poplar treat, 4T 1-lxl.l and 10-foot alley on on aid and a -foot ajlay in rear. The lot is nWely elevated and perfectly level, and one of th best neighborhood in th city, i Our apecial prlc $1,7(0. Term ISII cash and balance to ult th purchaser. : " '. . CAE0LINA EEALTY CO. t O J TTTTES. Prea ;- B. BUSIf LEE, See," v W. D. WILKINSON. Treaa. and Mgr. jr. p. LONO. Salesman, v '. a xxr isflh - Et. , v : 'Th.n. ass Phon 0I.. : Wood fibre Wall ' Plaster, "Hard Clinch." - - THE BUILDER'S FBIEND 7 v , , 5 $ ' Freeziag doe not hurti natural shrinkage win not crack it water doe not make it fall off; bard as atone. Write for booklet. ; Manufactured by s . - f CIWRlOnE PLASTER COMPANY Write for Booklet. Cbarlotta, N. C THAT RIVER BEND FAIti.1 of 1ST acres. close to Mount Holly, is a fin country borne; for soma city man to-own because of th 'substantial buildings and nearness to rail' road and the very good prospect for electric railroad clos befor long. V II -room Brick House. Larg Barn . 10 mart Tree, SO acre in Tlrriber.' IS in rich. bottom land. ' . . .. v - . ' - ' V' --' : o. prlc aad-lcrma " : ' ; ' . . .. j ' F. e. ABBOTT & eofiipnNY w,."LsSiai
The Charlotte Observer (Charlotte, N.C.)
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Aug. 24, 1908, edition 1
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