North Carolina Newspapers

" f - 1 ' ' ' 1 ' " i SCHOOL FUIID GETS "ALL'ULEAR PROCEEDS.,' dtles .Land forfeitures aod this vljew is sustained toy' the decision ini the Ashe ville case. Under the ?Asheville decis- Vpand! the new city chaarer not only all penalties and al costs in penal oc tionstso to the city but in criminal ac- iionjg sarising on the ordinances of the tHe .fcTOCeeas OI ,it itl mi, Tvnishment is toy way of fine the costs will go to.&ue city, the Rut Since fines go to Support Police Department, There are no "Clear Proceeds." City Attorney (Bourne was asked yes terday by a representative of the Ga zette to explain in what way the city would be able to retain the moneys claimed by the county school board. Mr. Bourne replied that the city does not expect 'to retain the proceeds of fines but only of (penalties and for feitures. "The Supreme court," said Ee, "has drawn a distinction between fines and penalties. The state consti tution provides that the 'clear proceeds' of all penalties and forfeitures and of ftU fines, shall go to tne scnooi xuna. The court in the case of Vance county school voard vs. town of Henderson ri Prided this to mean that 'all fines' vwv,iiH ro to the school fund, 'but only the 'clear proceeds' of pen to The Only way. you Look Dressy. i?v wearing a genuine Panama or POT Rico riat. iou win -nma tmemi at ASHJBVIIJLE OLOrnHUNO OC. g56t 18 S. (Main St. costs being only an incident and not an integral part of the 'fine. By this (provision of the charter the city will still retain some revenue from actions punishafble by fines, although the fine itself will so to the school tuna "How far back may fines toe claimed by the school board?" was asked By the statute of lwni tenons wnicn awolies to unsealed daots, me scnooi board can claim the fines collected only within the last three years," Mr .Tioume reolied. "Twenty-three years msro a decision was rendered on penal ties by the Supreme court. that enaoiea cities to turn the proceeds of (penalties to defray the cost of a police sys tem and this decision was commonly inferred to apply to fines also, so that all this time there have been, no 'clear proceeds' for the school funds under city charters which gave fines and pen alties to the city." Mr. Bourne says that there is great interest in this case (throughout the state. The following is the full text Interested in mew books? Call at An drews' Book Stores. 85-2t M oney v o Revise Price Lisf For Laundepin& Shirts c Collars c Cuffs, pear pair, u Drawers each 5c Under Shirts each 5c kadies' Shirt Waists 13 1-2c ladies' Skirts, FK or Duck 30c Ladies' Skirts, plain 15c Give us your Laundry at once and save money. My Hand Laundry, Phone 759. Nos. 5 & 7 East Court Square. 35S ROAST BROIL 101.1 G00K The Automatic Wickless, Bluer I Oilstove ame 8011 Burns Kerosene Blueflame hotter than tophet, and NO DANGER. Complete Cabinet form insures a Double Concentration of Heat at the Burning Point, and protects against draughts. The Test is in the Using and ThisStove Stands the Test As thousands of satisfied users all over the land will gladly testify See it in Operation at the Store of Cooks Instantly Bkes Perfectly Broils Thoroughly This Stove is no experi ment The prices are rig'ht FRY STE1 Jo Ho LAW 35 Fat fon Ave We think this the (best stove made. IWe sold a lot of them last seam and will toe glad to give addresses of parties using them.. It is the only stove we have ever. sold that seemed1 to give entire satisfaction. Do not buy be fore you see and price our stoves.. ' A child can manage if. Nothing to Set out of order of the decision recently rendered by the supreme court: a.' . The demurrer to the plaintiff's fourth cause of action raises, again, the ques tion whether Article IX. Section 5 of The Constitution applies to, and em braces all amid the whole of fines which may be' or have been collected! (by town or city authorities for violations of mu nicipal ordinances in prosecutions for criminal offences under Section 3830 of The Code, or, to particularize, does the whole of the. fines which have been col lected by the city of Asheville by its municipal officers in prosecutions in the nature of. criminal offences under Section 3820 of The Code for violation of the city ordinances, belong- to the city, or to the County Board of School Directors for (Buncombe County? The argument on the part of the counsel of defendant, in its resistance to the plaintiffs claim, is that the same rule of construction must be employed as to the manner in which, and the purposes to which, fines, are to be ap plied under Article IX. Section 5 of the Constitution, as is used in connec tion with the words 'Tpenalties" and "forfeitures" in the same Article anld Section, for that the formation and grammatical construction of the sent tence "also the clear proceeds of all penalties and forfeitures and of all fines collected in the several 'Counties for any breach of the penal or military laws of the State ..shall belong- to and remain in the several counties, and shall be faithfully appropriated for es tablishing and maintaining free public schools in the . several counties of this State" preclude a different rule to be employed in the treatment of .fines from that used in reference to penalties and for feitures; that the true meaning Of the words "clear proceeds" fs such of the fines, penalties and forfeitures as have not been appropriated by Act of the Legislature to other purposes; that the expression of opinion by Justice. iMer- rimon in his dissenting opinion in Hodge vs. Railroad, 108 N. C. 24, where he wrote, "Also the clear proceeds of all penalties and forfeitures of the clause in question refer to and embrace only such 'as by some statue are given to the county or the county school fund," ap plies to fines imposed in criminal ac tions as well as to penalties and for feitures enforced by civil actions ex contractu; and that as the General As sembly has conferred upon the city of Asiheville the power to appropriate fines and penalties to municipal pur poses, there is no such thing as "clear proceeds" of such fines to which the plaintiff could- be entitled. We are not disposed to question the correctness of the position as to for feitures and penalties, as it is expressed in the dissenting opinion referred to. That view, not in the same words it may be, had been adopted by this court in numerous cases before that of Hodge vs. Railroads, supra was decided, and in numerous cases since. (But the court, in the case of Board of Educa tion of Vance County vs. The Town of Henderson, 126 !N. C. 689, after an ad visari, pointed out the difference be tween forfeiture and penalties and fines. And if there be, as the defendant argues, inconsistencies in the opinion of the court and a lack of unanimity among its members, as to whether the General Assembly can give the whole or part of a penalty or a forfeiture to an informer, or to one aggrieved there is nowhere anything said in any of the cases in conflict with, what is said in Board of Education vs. Henderson, su pra, as to the distinction between pen alties and forfeitures and fines. It is unneccessary to add anything further on the subject of this distinc tion than was said in that case. What was said there is the deliberate opinion of the court on an important constitu tional question, and it will not be tfis turbed by us. As to the proper appli cation of fines, we there aid: "It must therefore follow that all the fines the defendant has collected upon prosecu tions for violations of the criminal laws of the State, whether for violation of its ordinances, made criminal by Section 3820 Of The Code, or by other criminal statutes, such fines belong to the common school fund of the county. It is thus appropriated by the Consti tution, and it cannot be diverted or withdrawal from this fund without vio lating the Constitution. And that ap plies as well to fines enforced and col lected toy the proper officers of the city or town as well as those collected by the proper officers of the city or town as well as those .collected through throug the action of a justice o the peace in prosecutions for violations of town ordi nances, made misdemeanors by Sec tion 3820 of The Code; and it applies also to "penalties , the collection of which is emforcibl by proceedings be fore a justice of the peace or municipal officers empower Id by law to enforce the collection of such penalty in a criminal action under Section 3820 of The Code, for, in such cases, though the word "penalty" is used, it. is really a "fine." It may be well to state for the guid ance of the parties in the trial to come that as the Statute 6f Limitations has been pleaded dn bar of , the plaintiff's first three causes of action, a recovery can be had for no greater amount than may be found due to the plaintiff for the three years next preceding the com mencement of the action. The action is in the nature of one for money hald and received, with none of the Incidents of a fiduciary or trust re lation, and Section 155 sub-Section 1 of the 'Code applies. It la to be presumed that the defend ant in answering- over will set up against the fourth cause of action the Statute of Limitations, and, if so. the same statute will apply. 'No error HEWS OF THE STATE BY WAY OF FALEIGH rbe Annnnl Encampment of tne State Gnard-The State Bar Association Killed In I lie Philippines Found Hanging to the Rafters of an Old Honse Thirty Merchants Indicted for Fat In re to Hake Retnrns of Purchases for Taxation Toted 915,000 Bonds for Graded Schools. WAGONS" Now is the time to buy Wagons. I have the Owensboro Studebaker and Mitchell, the best made, in all sizes. Low ananign wheels, broad and narrow Tires. Our single Buggy. Harness is going like hot CAKES.as well as our open and top Buggies, Runabouts, etc. We have the goods and will make ihe prices to suit the times. Visitors always welcome, O. A3. WRIGHT, Proprietor, Carolina Carriage Co. 86 Patton, Ave, Raleigh, N. C, May 17. Colonel F. A. Macon, quartermaster general; Colonel T. H. Bain, inspector general, and Col onel P. M. Pearsall, military secretary to the Governor, will go to Wrights ville next Monday to make arrange ments for the annual encampment of the State Guard, which will be held on that beach this year. The encampment will be held sometime in July, if the site is found satisfactory. The third annual meeting of fhe North Carolina Bar Association will be held at Wrightsville Beach June 26th to 28th. Major Charles M. Stedman is to deliver the annual address as presi dent. Hon. Charles M. Blackford, of Lynchburg, Va., is to be the orator. Colonel H. C. Jones, of Charlotte, is to give some traditions and recollections of bench and bar, and Judge George H. Brown is to discuss the Law of Negligence. xmmmmmmmmmnimmmmnnnmmminHinimmx EE -a I mm & 17 SOUTH MAIN ST. o In the case of IMnglehoef Brothers, in bankruptcy, of Wilmington, Judge Pur nell held that personal property exemp tion under the constitution of North Carolina must be allotted from such nroperty as the bankrupt has at the time of the judication and cannot be allotted from the proceeds derived from the sale made thereafter, nor can personal property exemption be allowed to a bankrupt not a resident of this State. Of the firm of Dinglehoef Bros, one proved to be a resident of this State and secured the North Carolina exemption, but the other was a resi dent of Tennessee and could not. Near Hunting Creek, "Wilkes county, the body of P. C. Johnson was found hanging to the rafters of an old tene ment house. He had been for years one of the most prominent and upright citizens of the community, and no oonco fnr thp rash ded is known. In the same neighborhood a minister, Rev J. ,C. Moore, committed suicide a year asro. and James Marlowe was murder ed a few months later. In February wi'liam Sna.rks was found dead in his wagon near the same place. Governor Charles B. Aycock and his nrivate secretary. Colonel P. M. Pear sail, left to-day for New York, and will rparh there to-morrow morning. They will stop at the Hoffman House. Mon day evening the Governor will speak at the annual banquet of the North r'c.r.vlina Society, responding to the toast, ""What North Carolina is doing to meet the changed conditions brought about by the war." The banquet win De held at the Waldorf-Astoria. SPECIAL MILLINERY SALE f FOR SATURDAY & MONDAY K All .our Pattern Hats, new g f goods, worth $3.50 and $5.00, on (8 (SO) 3 5 sale, special .-gytpi 3 EE Ladies' Sailors on sale, special QQ j EE cRUIT of the Loom Bleaching, ten yards "530 3 EE U limited, on sale 4U 3 jjE Lousdale cambric, worth 15c. Sale price IOC j New Silks, New Ribbons, New Flowers, at cut price s 3 He See our line 15c Curtain Swisses IOC 3 3 EE Remember Hats trimmed fiee, at the 3 ? IP AO AH ISfil xuuiiuiuiiuuiuiiuuiimuiuuiUiiuiiuiiiUiUiuuiiUiUiux It IS Willis A. Shell, who lived in Warren ton, and has been for two years in ser vice in the Philippines, was killed in an engagement there some months ago. The news of his death has just reached his people, and Quartermaster General Macon has written to the War Depart ment requesting that his remains be brought back to Warrenton for inter ment. He was a private in the Thirty ninth Infantry. a T-ailroad is projected, running from Winston to Wadesboro across the cen- tral section of this State, connecting -v,Q MnrfAiv and Western and chnard Air Line. Cnarleston capi talists are said to be behind the project. ,,.5 win through the Norfolk and 1111.11 ' , , nrcf0rn riv that city connection with Cincinnati and the West. A Good Thing to kffiiow when you need a Baby Carriage We make a specialty of these cradles of comfort all the year round. We sell so many of them we can afford to squeeze the usual profits. Even if you don't take our word for it you might look at one or two of our modern stock. You knoTV good value when you see it. Blair & Smathers, W0BK DON'T HURT. POOR SELECTION OF FOOD IS THE CAUSE OF BREAK-DO WINS. Phone 75. 45 Patton Avenue. A. Thig stove is a od one, too, tout bf than the fturtomatic PRIVATE BOARD Large front rooms newly furnished. Splendid location ciear St. " R. R. Terms reasonable 56 North French Broad avenue. 1 ''SfipSCilMr'' Having obtained a specif iprle Mm jfctor?e4ot of etoves, we oaa sell them fess then the (factory price. Come ndi9ee tor yourself. ail -I A hr v 35, ration- venuB, H. LAW, Asheville, N . G. . . I rvv irinat uT-a ae inner nnrirfcAT-ns' i jPH- ther Susipenders and Belts, never break or pull oft buttons. Just thv thiag or .cotton. Planters. M. P. Ekinner, 16 ummv cfTt. Charleston. S. C. 79-6t sun wed How Are Tour Kidneys I fete tree. AAA- Sterling A A A. A. A A A. A AAAAVAAAA AAA uanv men. and women too, feel that ir work is the cause of symptoms of wrvnns break-down, but work is not thP cause, as any one can prove to their ontirp satisfaction, by leaving on uie fnnd thev have been trying to sudsix ?nd ta-kiner in its place tood maae thp exoress purpose of rebuilding v,0 ihm.in and nerve centers in the body anS supplying other portions with suffl- i0nt nourishment and keep ngnt on with the same work and get well and et rone An illustration is given in the case oi tp a. wniteiv. ouipi. ji echools at Excelsior, Minn. He is also a student and teacher of hygiene. He savs: xnis spniig o-l u6...o last month of school, i was vijr "x j. i . ,h run diown. ana sance my uuwc are quite confining I naturally ascribed mv condition to that. T jjt..AiTOMH -Hint t made xne shjjiiic mistake that many do. It is not worK, v,,it a lack of .proper food that causes break-down. Wife went visiting at this iTr.P and I concluded to get my own ,"A--' A meals for a time. The grocer suggesxeu that I use a ready cooked food known flraoeNuts. I found the food deli cious, requiring no cooking. I simply poured milk or cream over it and had it in that way. t used Grape-iNuts for (breafast, din ner and supper, and likingi it so well I rmDly lived On it for the next tnree weeks. My work continued quite as arduous and confining as before 'hut l experienced a decided rise -in spirits and vitality as well as in general, neaiui. oiind I did not tire as before and en tirely lost that wornout feeling which wms to take the heart out of one I am satisfied the change was due to AH Hands find their favorite beverages here. We wines, know a few things about liquors and beers, and when we sell you anything you may be sure it's all right, or we wouldn't sell it. Why can't we supply you with your household beer this season? Carr & Ward, The Boston Saloon 23 S. Main St. Asheville, N.C. Photoe 268. P. O. Box 90. ADDITIONAL STATE ITEMS. There were rrfnety-seven applicant? to practice medicine examined by the Medical Examining Board at Durham. The examination consumed all day to day. The examination is rigid, and usually a large percentage or tne ap plicants fail to pass. The will of Mrs. V. B. Swepson was made public to-nic- Among ether be quests she leaves $20,000 to th. uaptist Female University in this city, $15,000 to; Wake Forest College, and $1000 to the 'Baptist Woman's Missionary So ciety. North Carolina regiments "m -T:-?' civ" war is in the hands of the binder, and will probably be is'sued about tne ls$ of June. The volumes will be sold by the Secretary of State. Mr. D. N. Stuart, who was formerly one of Sherwood Higgs & Company's best men, but who has been keeping books for Crowder & Rand for some time, will go to Atlanta next week to become clerk at the Aragon Hotel. Colonel Cyrus B. Watson, of Winston, has srone to Spotsylvania, Va., to at tend the dedication of a monument on mv change in food, and I have Deen so i rvm r-thrmsp whirfi occurred ereatly helped and have been taught so 19 ig64. Colonel Watson was Dr. HoMffl' 8paraga Plus care all wapey uis. gam teftoe. Add. Sterling Bemedy Co.. Ctiieaso or M. . valuable a lesson In foodas related to the human, body that I wish to express mv arroreciation in this- manner Tr will Day any brain worker to dds- with a part' of the ordinary -Blet and use tJrape-Nuts once o twice;oiay at least, lor xne looa jig maae uy xw experts, for a purpose, and that pur pose is to furnish the hximani system with the elements, to a. concentrated form, 'required for rebuiltUng tie brain and nerve centers throughout the Ijody. There is no sort of question of the truth of the statement and value of the food, as can. be demonstrated by anyone. severely wounded in that engagement. The first volume cf KstArsr,of th Solicitor Mott has had thirty Winston merchants indicted for failure to make returns of purchases for taxation. Rev. Junius Millard, the well known Baltimore Baptist minister, is visiting his old home in Duplin county. Reidsville has voted $15,000 bonds for -"ad ftd, SChOOlS. Pyny-Balsam Believes Bight Atray and maker speedy end of coogha aad cold. T THE BONANZA WINEMIOUOR CO - Phone Na 72 P., A. MARQUARDT, Manager, " 43 South Mam Street Asheville, N C t-r- , :a : . "I - t i z. I S f V V" J, 6 . 4- -r t-i. ft ' t .-1. XT'