North Carolina Newspapers

    Our store will be open every evening of
this week. ,"" ' - ' '
The Christmas shopping
and buying is now the order
of the day. v Very little
time left for decision; but
there is no need for hesita
tion about where'to buy, be
cause our's is the store to
visit for the nicest goods,
and last, but not least -bargain
Holiday-Specialties are
Here in Great Profusion :
Handkerchiefs , ,
Umbrellasi regular hol
iday styles;
Metal Smoking Tables,
Metal Picture Frames,
Collar and Cuff Boxes,
Metal and'Dresden
Toilet sets,
Easel and Hand Mirrors ,
Fancy Garters,
4 'Alexandre' French!
Kid Gloves,
Shaving sets,
Manicure sjets,
Artistic Fancy; China
and Dresden Ware,
Glove and Handkerchief
Etc. that's always the
last word.
28 South Main Street.
toritsatt' i
Christmas js Here
and now is a good time to. get
that sideboard. It will be a
fine present for vour wife, and
at such low figures too.
Phone. 75 45 Patton Ave
Million Dollar LossFears That Some
Persons Perished
Cleveland. Dec. 23 .Fire. started to-night
in the 'four-story Power building and was
spread by a gale to the jBlaiOkstone and
Wolshire buildinigs, thTeaiteBing for a time
the whole business district,
lAJt 'midnight
2t is ' gtm raging, with a loss estimated at
over a million dollars. ' - j
Fireman iMcFeeters fell down the eleva
tor nT iPrtwr ihiu tiding. His head
Wnjs Imi ciTijdu rfiTiirl TiiO rail Tl'ofc - survive.. An
unknown woman- spectator "was dtrucfc on
the head: with debris and fcilledi Two em
plovea rif one of "the firms in the Power
" ' ' ' '' "V'V- -
bu51dane -are (missing. It .is (believed they
were killed ' hef ore being able to escape,
that he wilt keep
his store openT every night ithis .week until
M o'clock. ' - -
established, paying business for sale,
particulars address box 705, city. ,
L ".
. . . . j. . . - r i .
The Supreme Court Rules
Against Maj. WilsonP
Justice Douglass - Delivered
the Decision
Dissenting Opinion From Chief Jus
tice FairclothV
Russell Tries to iurry the Execu7
t tion of Judgment. " ...
Fahcioth's Supersedeas
Served First.
Not on Pearson and Caldwell, as They Could not
be Found,, but on Their Attorney-They Will
Try lo Take Possession of the Railroad Com
missioner's Office Immediately.
Special to .the Gazette.
Raleigh, Dec. 23. The Supreme court
filed an pinion itMs afternoon in th'e easa
of Caldwell against, Wilson, involving the
title to the railway commission chairaniata-
mwtuisnip. luie opinion was celfvered bv
Justice Douglass. The decision ds just
ias expecte'd. There !r ,n flnihi :fhmih tha
croyjemnor land Caldwell knew two days
Lgo what the result would be.
The opinion is of immense length.'' The
principal feaJture of it reifers to the re
fusal of Judge Robinson to sulbmlt.iainy is
sue to a jury. The court says this re-
lusal was proper; as there were no dis
puted facts before jthe court. The opinion
"It is not denied 'that the Governor no
tified the defendant to oippear, and. answer
Jhatt he didi so apptear- and answer,- that
th'e trdverhor subsequently suspended him,
giving him Tvritifeh notice of such ractioh
and appointed Caldwell, thiait the t latter
duly quaKfited, demian4ed .pcsession of the
office, "was refused by Wilson and 1rougkt
suit. Th'ere was absolutely nothing to go
to the jury unless the court went behind
the action of the Governor, which we think
could ;not be reversed by the court. Sua
pension by the Governor. Is not a final de
IJermination' of ithe defendants's rights.
which must' ultimately be passed on hy
the legislature, sitting somewhat in the
nature of a court of impeachment. If it
should determine that the 'defendant had
been suspended without just cause he
would be at onoe reinstated and be en
titled to his full pay for the time of his
suspension. -
The duty of suspension was imposed itp
on the Governor from the highest notion
of public policy,- to prevent , danger to
public interests -which might--; arise from
leaving such great power ' and responsi
bilkies in .'the hand of a man legally di'
qualified. As ithe Governor was therefore
by . letter and spirit of law required to act
promptly, necessarily upon his oiwn find
ings of-fact, "we are compelled to hold tha
such official action was under . circum
stances due process of law. Even if it
trere proper the Governor would have no
powen to direct issue like a" chancellor. '
"As to ,ttria;ls by juy-it has been held
from remotest times that this right did
not apply to equitable proceedings, and
that in determiinaltion of many majtters of
fatTBntervention of jury, was neiither nec
essary nor possible, as .for example ap
plications for receiver,' injunctions and
proceedings ini contempt and error in ac
tions at Law.- There iare many .matters o
fact which must be found by the court
below and are no even receivable in this
court. .
"Flvprv tim'e 'tine judge below takes
tvnwn f mm a 1urv and directs a verdict,
he practically deprives, the party of trla
by jury, and yet that he can o direct a
verdict against the party on whom rests
the onus has been held by a long line df
deoisione by 'this court -from Withkowsfcy
against Wasson, 71 st
reports, to Spruill
against Innran
company 120th reports.
Of fleers are only thee subjects of property
so far as they 'can be so in safetyto the
general Interests involved in" the discharge
of 'their duties. QMef JusticeTHuffin so
held 4n "the case of Hoke against' Hender
son V. Dumix. .It is doubtful , if he ever
coniemplferted the extent o which the mat
ter of claim of title to public office 'would
be carried, and last of allthat an extreme.
conatrudtion would be invoked bring
the "tenure or mgw ulwsiku, an.iwua
lth!in ftne operamuu1 w .w.---
the federal constitution pfmanly adepttea
'forhe protection of the colored race.
t&i The statute under consideration does
Ihdt interfere with any vested rignt, nor
' Ji .3 ; - . n l : It.1. -4.
wo our uecisaon connici -y w 4-141 . 'KMon. m
Hoke against Henderson. The .power of
the . Governor to suspend and the right of
legislature to "remove were assented - to by
theTdefendant wheai he accepted the office.
The railway commission is ' merely an ad
ministrative board created by the state
for carrying into efflct the will of, the
fctate as expressed by its legislature.
The power of suspension rests in the
governor's hands, iwhea exercised in an
orderly way , is not reviewable by the
courts. Whether action of governewwas
ustified by fScts, which, h-e alone could
find is not for us to say. . The dbfendant
waives hisright 'to trial by the jury by Ms
acceptance, of the 'commission on the face
of which the fatef ul words of the creative
act were written. Judgmenit amwt there
fore 'be affirmed, but in, view of the pub-
lic initerests. involved we deem it proper
not to rtertiand the case, but to enlfcer a
final judgment in this court. This action
is taken oh the motion of cousel, made
wijthout' objection in open court, upon the
hearing of "the case and under authority
of Section 957 of the code.
Judgmenit is' therfore entered : that-
Caldiwell is en'title-d to the office of raiil-
way commissioner; that Wilson be ousted
therefrom, and 'that Oaldwell be placed' an
possession of saM office, toge'ther iwith all
its records and other appurtenances there'
unto belonging." - ' '
Chief ; Justice Faircloth filed a dissent
ing opinion.
Very soon after 'the filing of the opinion
Governor Russel went over to the Su
preme court room, and Albtorniey W. -H.
Day asked Clerk Kenan for the execution
of the judgment of the-court This was
soon signed by Justice Clark and was di
rected to the sheriff. Day took it and told
Clerk Kenan he would be responsible for
its delivery to the sheriff .
This quick work was to shut off the
. .....
railway commissioneri J. W. Wilson and
Otho Wilson from obtaining a writ of
errer from the United States Supreme
court unitil after Caldwell and Pearson
were in office, but neither of the Wilsons
are here nor is Clerk Bro.wn of the com
mission. . -
Attorney SpierWhitakerr- J. C. L. Har
ris and H. O., Burtoni were at the Supreme
eourt room and read -the . decision and did
sons. - :'":r-
RiaJeighi Jr.- C- Dec 23. 'Later. Ttoe
court issued an order directing 'that the
she.rin' ; put Pearson and Caldwell in im
mediate possession, but before thesheriff
could serve this the Chief Justice issued
a supersedeas, wnion tne marsnaj-ox tne
court served on Caldwell and Pearson's
attorney, W. H. -Day, but could mot find
-Pearson and CaldwelL He is now looking
for them." They propose, to take posses
sion of the office tonight if possible.
The Railroad. From Cranberry Nearly
Completed Timber. Ready
to hip. ' ;
Capt W. G. Corpening of this city who
has for the . past several months been en
gaged : in the constructiop ;' ?of a narrow
guage .railroad from- Omnberry to a point
on Linville river in Mitchell county, ar
rived yesterday. '-:.
This road which is aboist tem.' miles in
length, is nearing completion and is being
built by a wealthy Chicago company for
the purpose of utilizing for the markets
the timber through which it posseses.
.The company, says' OapU-Ckirpening in
making a specialty of white . pine Jumber,
which grows in abundance' in that locality
and of which v his compatny bias over two
hundred million feet ready to, be shipped
as soon as the road - is completed. This
pine -it is said, is pecularily ad&pbed, to the
manufacture of heavy goods: boxes as well
as ether purposes, and it is greatly im de
mand. " . - - .-
Besides white pinei the company is
dealing largely in such ' oth'er timbeps as
poplar, oak, ashe and many other' varie
ties that are valuable for shipment. They
own forests of thousnd of Jacres and are
employing hundreds of hands and many
teams -
The company has just . 'completed at
Pineola a Harge hotel with fifty rooms,
and will, in a snort , time, begin the con
struction of a sanatarium for Invalids on
the noted Grandfather., mountain,:., open
drives to the' famous Blowing : Rook: on
the mountain and ' expend large sums of
money' in other enterprises of a kevna-,
tnre 4, - ' vr
Capt. Corpening will return to his work
immediately f ter the holidays -, :-y
Malga Grapes 20c, Raisins" Sci and 12c,
Currants 10c.-' Citron 18C., 'Dates : and
Prunes - 7c, Mixed Nuts 12c, Bananas
10c and 16c, ' per dozen. S. H. Chedester,
22 Patton avenue.' ' ' fC '
Tte End of a? Long Struggle
in PhiladelpWa.
Chestnut Street National In-
volved for $3,000,000. 1
Pol. Sineerly's Unfortunate Invest-
r ; ment in Paper Mills.
The Record 'Newspaper a Sufferer
by the Failure.
Considerabfe State And City Fundon Deposit
. in the Wrecked riank Efforts at Voluntary
Liqiiidatipn No Other Banks Affected
1: . ueipxmi' uec- 23. After months of
struggle to avoid collapse the 'Chestnut
street National Bank., closed 'this morning
and; passed into the hands of the .National
bank examiner. Simultaneously the
Chestnut Street Trust Saving Fund com
pany suspended payment
"Col. William Singerly proprietor of the
Philadelphia Record, is president of eac'h.
The" bank was forced to close because of
the decline in the value of tne sitocks-iand
bonds of Singerly's paper company of Elk'
ton, Md., which were accepted as security
for money advanced by -the bank when the
produet of the mills sold at ten cents a
pound. . Now it may be bought for two
The 'trust company suspended payment
because it was deeply involved with ;tihe.
bank. Bank examiner Hardt had known
the Rank's condition for some time, and
Comptroller Eckels had been fully in-form-ed
for several months. 'No statement
of liabilities or assets, 'has been made yej
but the bank -Owes in he neighborhood of
$3,to,ooo::'.v ,
' Arrangements were made on 'Wectoesday
to raisflk $2,000,000, but lt-wastfmnd-th
would not1 save Uiei bank and suspension
followed Tne banking community had
known f orseveraj- weeks of the -institution's
condition, but the public was wholly
unprepared for the announcement . of tfoe
suspension posted upon the entrance to the
bank building.
Many depositors went to the building to-day
to draw for holiday purchases'. They
found the. enteTance closed and n atten
dant behind it, who explained the situation
A crowd collected and blocked Chestnut
street. Four policemen kept the people
moving. The police' had little difficulty in
clearing the way, but 'throughout th dfcy
groups of depositors stood before the build
ing discussing the situation. , ;
Tt became: khdwn early, in the" day -that
no cither banks were affected, i.hd depos-.,
itors in otbr .ban'ks snowed Tiiitle incli
nlation to withdraw !By noo'n ; the excite
menit subs'ided,' and hankers stopped fear-
ing; a panic.
'President Singerly said to-night that no
sttaitem'en't could be made ' yt. "We are
now at work trying to secure, the indebt
edness of the bank," he said, "with a view
of going into voluntary liquiicBa'tion.'''
Cbl Singerly is an intimate - friend of
ex-iPresident Oteveldnd. He is one of the
largest capitalists in this city and was the
last gubernatorial candddate. Intrying to
save the banks Singerly tried to dispose of
$2,000,000 of bonds of" the Record, news
paper, but found it would be .unavailing.
The newspaper is siaid to be seriously in
volved in the failure, 'traction magnates
havSng a heavy claim against it. 'As a re
sult Tpgerly may lose control. of the most
prosperous newspaper in Pennsylvania.
Considerable state and city funds are de
posited in the wrecked bank.
Newport News, Va., Dec 23. For sev
eral days DanieJ MfcKean, a ''pjominent
employee of the NewpoT't News ship build
ing company' has been missing. This.- of
ternoon his dead body -was discovered be
tween two piles of stones in the yard of
the Chesapeake and Ohio railroad- An
ugly gash wias on the back of his head and
it is believed he was murdered'. .
Special to the Gazette. :
Italeigh, ' Dec, 23. The Supremo court
todaydecided 'that A. -iD. Coles, and not
W; Waltmn, is 4 the 'legal receiver; of
Piedmont- bank at .Morganton by - reason
of : prior ity-of- appointment ' as temporary
receiver." - r , . '
-.WashiAgixm, Jec ,23. The President to
day decided itdKaoDOkut Owen L.J -W- -Smith
'tSsiLiiu iimiw-U:'- u '
sU'Cceed.,'VvilHamH." Heard." Smith 3s a
icegro. lawyer aad djreacfier.
Fall River, Mass. Dec. 23. The -Wage
equation wffll noJt define itsa until next
week, when the labor' unions will me-et and
vote eitber to strike or tt'ccept the cut. The
strong feeling in favor of a fight is ap
parently not allayed in the least. There is
ncJthmg on which to .base a prophecy of .he
final ddand of the operatives. The union
ists say the general -feeline is for a strike.
but ifchere are , men looked tfcon as eood
unionis'ts who declare ithey will vote 'to
accept the cut until May, and 'then strike.
inhere is a report that the leeMature
wTll .be asked to define ithe length of the
standard cut of cloth, that wasres nnav be
based on such length. This has been a
source of 'trouble in -the mills, and aa
doubt will continue to be. The standard
length has always been forty-five yards.
Weaera say lihe cmts run from forty-six
1o fifty -four yards, and by this fact alone
tney are-working under a cut-ddwn.
The cut -down utl'tima'tum is havi'm? an
effect on general business. Trade has fal- I
len off .decidedly in the past few days. I
Louisville, Ky., Dec. 23. The iAnnerimLTi
Tobacco company has bought a lot on
which to erect an addStion to 'their plug
ladcory wtoih will make it the largest es-
paDHisinment of its kind in the country.
John iDorboefer, dlrec'tor of -the trust, to
day siidthe new factory will be ready, next
summer 'and will give employment tb a
thousand hands. He siaid the tobacco man
mf adjuring bn'siness is booming.'
iBarmingbom, Ala., Dec. 23. The Corona
Coal and Coke company and Virginia and
Alabama lOoal coimjpany, owners and oper
at'ors of large coal mines in Walker coun
ty, has posted a notice notifying their fif
teen hundred miners that an advance of 10
cents a ton wall be allaved on January 1.
ine companies have heen paying 60 cents
a ton.
A Great Political Sensation in Havana
Autonomy" Exposed Insur
gents Stops the Grinding
of Sugar
Havana, Dec. 23. A great political sen
sation was caused to-day by a decree
from Blanco giving control in ithe coaming
electrons," tobe hld. according ltd the-hew
autonomist decree to rabid
partisans of
Weyler. This remarkable fact is regarded
as . proving that the., captain general is
frightened by the energe"tic attitude of the
coaservatives who will not participate, in
the elettions. The captain geateral ,be-;
Iieves that the "Conservatives may' raise
'Spanish rebellion in Havana. Hence to
day's decree to placate 'them. The decree
means, first, a ' "ctelonial chamber with
Weyletri'tes in the majority, and a grea
disappointmeat to the comSparatively few
believers in autonomy.
, Havana, Dec. 23. The insurgents ere
enforcing the decree of Gomez which for
bids the grinding of sugar. Cane fields on
five estates, a few miles from Havana were
burned yesterday by insurgents. Gen.
Gomez, writes from Sancti Spirltus saying
: "Gen. Pando has abandoned his campaign
against me in this district in spite-of all
Ms boasts that he was going - to pass
throU'Sh this J territory and reach the
Santiago de Cuba province by land, at
tacking Generals Garcia and Rabi, after
:he extermination Of all patriots here. In
stead of that, when we had fought three
hard engagements he left suddenly by sea
for 'ManzaniTlo. and Gen. Segura did the
same thing shortly afterwards."
The case of Ool. 'Ruiz has frightened the
ISpani'sih here, and for the moment all at
tempts to send Spanish commissioners to
insurgent lines with proposals to surrender
have been given up. The cruel1 order of
'Blanco is now to be executed on the help
less old man, Jose Robaju.faither of iJhe well
known insurgent commander. Jose Lmis
Ttobau, who made himself conspicuous du
ring Weyier's Hatest campaign in Santa
Clara province. The oild man is threatened
with death if he refuses to go to Sagua,
where his sonis operating and' deliver him
a written invitation to surrender to the
Spaniards. "Between being shot by us and
hanged by your son, you may choose."
This is the dilemma puib to old Ttobau by
an adjutant of Bianco. '
(Terror prevails among the Cuban fami
lks in Havana on account of the threaten
ing atititud'e of the conservatives. It is
feared the death of !Ruiz wi'U 'be avenged
on Cuban residents of this city if ,-Blanco
does not energetically restrain the . con
servatives and volunteers. The r hatred of
uncompromising Spaniards against !Lee is
also i'ntreased, and El Pueblo, says it is a
Shame to Spain that the (American consul
was authorized to send commissioners to
the insurgent camp asking for the pardon
of a Spanish officer.
can afford to use tihe cheap-poor Enameled
Ware. Those who -have no money to waste
and wish full value for money spent must
buy Stransky-Steel Ware the wares that
wears. Tea Kettles, "Tea and Coffee Pots,
Sauce Pans everything. The genuine has
label with our name on each pieoe. Im
ported for and- sold in Shis city only by
'Boyce & Rich. Nothing wouM be nicer for
a Christmas present for any lady who takes
pride in keeping a nice kitchen.
.tjHsTake Laxative uromo umme .Tawets. aii
cure. 25c- - me gentune nas l tt. m. on
J each tablet. "..-' ,
Heavy Bill to be Paid by the
United 'States.
For the Seizure of Canadian
State Department Figuring on the
Award Bill.
Not to be Published Before its Sub
mission to Congress.
The Amount of Damages Claimed by England
is About $460,000 This is More than Eng
land Offered to Accept and We Refused to Pay
Washington, Dec. 23. The United States
will have (to pay a pretty penny for the .
seizure of the Canadian sealing vessels in '
the Bearing sea prior to the Paris award.
A copy of the decree of the claims com-
missioneirs, received at the State Depart
ment shows damages awarded to the
Canadian sealers of considerbly more
than $425,00, which England was
prepared to accept in satisfaction
of. all claims, but which congress declined.
to appropriate.
In addition to. the award of the" "claints-
commission the United States must pay
counsel fees and other expenses. . The offi
cial statement was made this afternoon,
after Gen. Foster had spent most of the
day figuring out the amount of the award,
with the assistance of Assistant Secretary .
Cridler, does not clearly indicate how
much the Canadians will get altogether.
This statement "conveys the Jmpressioia
that the award will be about $440,000, but
It is learned on good authority' fthait the
full amount is a few thousand Jess r more
than $460,000. .
. The staemi,.tr inv Ottawa yeserdry5 that
theaiward aggregaited'T$4641wj i probably
coiTect.' A copy of the' award cannot be
ohkwdrV-6 depaijtmenit announciing
it will not be publW'ed tuitflf teeeAtC
congress. ' ' "' . :'" '-X '
The explanation of the faflure to fur
nish 'the exact total tdit achlaim is
entitled to interest for a certaftt' period,
and there has not: been time- -to figure out ,
accurately how much this Interest will
amount to. The rate of interest allowed
is seven percent, dating back in some in
stances as far .as 1886.
To be Made by Frank; O'Donuell in -the
New Year. "
The usual Christmas remembraflce of
Mcjuors, and -cigars which Prank ODonnell
has; heretofore presented to his friends will
not be given this year, tout instead as iib
eratt gifts in cash will be made to 'the char
itable organizations of the-city the nrafc
of the. year. Mr. O'Donnell's friends and
patrons will appreciate his action and that
they will tbe happy:, to know that, his ZV?" :
erosity will be enjoyed by others this year.
The Buncombe County (Medical board met
yesterday and passed' resolutions request-,
ing the city .board of health to get suf
ficient vaccine, Virus with which to vac
cinate -the city's poor.
We wish to take, this opportunity ' id
thanking the public for their many kind ex
pressions and also for making our oopjiIm
such a brilliant success. We wi
ogize for not having our stock in better
shape, but the extra, unexpected rush jus:
at this time, both In town and from cata
logue orders, made it impossible for us f
be better prepared. .
We have endeavored this year to put. OS
the market our usual high grade df
goods, at prices mucn lower than ,ar,'&.
fore, and we can safely say that w xm
now selling goods as"tpw if not lower tha
' " ''",' ""' ''"'"''' i '.," .
any other Jewelry house in the ; coundrx
who handle a high class of gotodi - ' r
Leading Jeweler, Cor. Church St and
ton avenue, Asherille, N. C.
. -

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