Newspapers / The Times-Democrat (Charlotte, N.C.) / Feb. 11, 1881, edition 1 / Page 2
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The Democrat. CHARLOTTE, K. C. 1 FEBRUA RY 11, 1 8 81 Jf Fob the Charlotte Democrat. Capt. JOHN WALKER, of Mecklenburg. Public Affairs in N. C. from 1840 to I860. I saw Joho Walker, of Mecklenburg, for the first time in the House of Commons at the session of 1840-'4l. His first service in the Legislature was in the House, but in 1842, 1844, 1846, 1848, and continuously up to the war, with the exception of one session, he was the Senator from Mecklenburg. As I entered the hall of the House he was speak ing, standing on the left of the main aisle. He spoke to the point, with great animation, his yoice ringing and filling the halt I was impressed by the manner and speech of the plain farmer-like man, and asked a friend who he was. The reply wasj "ThatVJohn Walker of Mecklenburg." John Walker was born the 22d day of February, 1801. He was the fifth in a fam ily of ten children. His father, also named John Walker, was the son of an Irish immi grant, who first settled in Pennsylvania, but afterwards moved to Mecklenburg, N. C. John Walker, 'Jr., grew up on his father's farm, and there acquired that strength of constitution which sustained him in bodily and mental .vigor to a good old age. - He received what was regarded in those days as an English education; that is, he learned to "read, write and cipher." But he thirsted for knowledge, and read much in political, agricultural and religious works. He had such a good memory that he seemed never to forget what be had read. By the time he reached his twenty-first year he was well informed on various subjects. Up to his 28th year he carried on a public blacksmith and wagon shop, and acted as an overseer. In his 28th year be was married to Jane S. McCullougb, of whom two children were born, the youngest dying in infancy, and the eldest, James M. Walker, who, after ten years of a useful and brilliant ministerial life, died at the age of 30. Capt. John Walker's first wife died in 1840, and he was twice mar ried afterwards; in 1841 to Jane H. Harris, the widow of Hugh Harris, and in 1857 to Sophronia W. White, a grand-daughter of Gov. Caswell. He died suddenly and un exftectedlv on the 7th Sent.. 1876. aed 75 years, and his last wife survived him but two months. Capt. Walker attached himself early in life to the Associate Kelormed Presbyterian Church, and was chosen a Ruling Elder of nis Church in his twenty-hrst year. His in fiuencein the congregation was alwavs err eat. If there was a difficulty among the members ne was sure to be appointed to settle it, and Seldom or ever failed to do so. He was a peacemaker in the community. His influ erice as a peacemaker, as an impartial referee, as a Christian man on principle, was known and felt by all. At all meetings in his neigh borhood, whether of a religious, political or moral nature, he was looked to as the leader. Capt. Walker was gifted by nature above many ox nis ienows. lie naa a natural tal ent for public speaking. If he had been favored with a liberal education no oppo nent could have vanquished him in debate. As it was, many of the strongest men in the country ielt his power in the political can vass. Another trait in his character was that he never felt the fear of man, and was always bold and ardent in the cause he es poused. He was inflexibly firm, and could say no when necessary, though he was genial, affable and full of kindness. In addition to his long service in the Leg islature, Capt. Walker was Chairman for many years of Mecklenburg County Court. He was a good judge of law, and the lawyers olten lelt they were pleading before a man who might well have occupied a seat on the tj : r m. t . i . a ( i oupenor vourt oencn. jb a nnaucier ana Bank Director his advice was much sought and relied on. He accumulated during his long life considerable property, but his estate was reduced by the results of the war. Af ter the war he devoted himself to his farm, refusing political honors. He was a kind neighbor, a good and safe adviser, a faithful member of the Church. Death found him with his Christian armor on. I am indebted for these facts in the life of this remarkable man to the Rev. John Hun ter, and Edgar H. Walker, Esq.. a grandson of Capt. Walker, both of them citizens of Mecklenburg, and the latter at present a member of the House of Representatives from that county. At the session of 1848-49 the foundation work of the present system of internal im provements in this State was laid by the Sassage of the Act to charter the Central or forth Carolina Road. The State was lan guishing in all her interests for the want of adequate means of transportation. The pro ject of a great trunk line of road from Beau fort to and through the Blue Ridge to the Tennessee line, so ably advocated In 1832 by Dr. Joseph Caldwell in his "Carlton" letters, began to give promise of ultimate completion. The two Houses were exactly balanced politically. This gain by the Democrats, and this exact balance, may be traced directly to the campaign in 1848, in which Gov. Reid unfurled the flag of Free Suffrage, which resulted in the election of Gov. Manly by the small majority of 854. I find in a table in the Standard file, that the Senate was 25 Democrats, 25 Whigs, and the House 60 Democrats, 60 Whigs. Calvin Graves, Democrat, was Speaker of the Sen ate, and Robert B. Gilliam, Whig, was Speaker of the Commons. Up to this period the Whigs hal constituted mainly the inter nal improvement party. But there were many leading Democrats who were earnest ly and openly for internal improvements, including such men as James C. Dobbin, Calvin Graves, Romulous M. Saunders, Robert Strange, William S. Ashe, Duncan KMcRae, Perrin Busbae, T. S. D. Mc Dowell, John S. Eaton, Cadwallader Jones, Sen., Thomas of Haywood, Thompson of Wake, and others who might be named. But a large portion of the people of middle North Carolina were asking simply for a charter from Danville to Charlotte, and pro posing to build a road from the former to the latter place with their own means. In considering the magnitude of the effort to charter the Central Road with an appropria tion of two million of dollars, the just claim of middle Carolina for a charter for the Dan hc ville route, which was to cost the. State noth ing, must be taken into" the account. - The result was the success of the Central scheme, and the denial of I a charter even for the Danville and Charlotte scheme. The first draft of the bill for the Central Road was made by William S. Ashe and Robert Strange, and proposed to run the line from Goldsboro by way of Fayetteville through the Uwharrie hills to Charlotte. But these. gentlemen, on reflection, and Mr Dobbin, and the representatives from the Cape Fear section, magnanimously yielded the interests of their section, and exerted themselves for the present route. Mr Ashe was the Senator from New Hanover, but Judge Strange, Gov. Morehead, Gov. Swain, Gen. Saunders, and other able and active workers for the scheme, were not members of the Legislature. The leaders in the House tor the Central scheme were James C. Dob bin and Edward Stanly, ably sustained by Todd R. Caldwell, Hamilton C. Jones, David F. Caldwell, James M. Leach, Rufus Bar rlnger, Robert S. Paine, Newton Coleman and others; and the leaders in the Senate were John A. Gilmer, Samuel F. Patterson, John W. Thomas, William S. Ashe, William H. Thomas, Andrew Joyner and William B. Shepard. This was the state of things in the two Houses in January, 1849. The test vote in the House on the Central Road was taken January 18th, and ou the 19th it passed its final reading, yeas 59, nays 53. I find the following in the Standard file of 24th of January : "When the final passage of the bill to charter the North Carolina Railroad was announced, the hall of Representatives fairly shook with the applause of members and spectators. The hour was an ex citing and momentous one, and seemed to be re garded aa the harbinger of a brighter day for North Carolina." The bill was then sent to the Senate. Meanwhile the Senate had passed and sent to the House, by a vote of 23 to 17, the bill to charter the Danville and Charlotte Road. After the Central bill had passed the Senate and become a law, I met Mr Stanly in the House and suggested to him that it could then do no harm to permit the Danville and Charlotte bill to pass the House. I sympa thized with Capt. John AValker and his con stituents, and with Messrs. Daniel W. Courts and Thomas W. Keene of Rockingham, and others, and really felt it was not fair play to refuse so large a body of our people the right to build a Railroad with their own means. I shall never forget his reply and the manner of it : "Never, sir, never ! That Road would cut across the State, and much of its freight and travel would be diverted from our own ports to the ports of other States. I will never consent to throw our own dear mother State on her back, to be bled from both arms into Virginia and South Carolina." The session was very near its close. The hour for final adjournment had been fixed, and it was known that neither House would recede from that hour. Mr Courts, his col league and others, were pressing the Dan ville scheme to a vote. Mr Stanly obtained the floor, and declared he would hold it to the last hour of adjournment, and thus de feat the bill, if all other pending business should be left unfinished. Every one knew that he would do what he had said, and the bill thus failed for want of time. The Central Railroad bill from the Com mons was taken up in the Senate on the 25th January. I was reporting in the Senate for my paper, the Standard. I find the follow ing Senate proceedings in the Standard of 31st January: "Pending the consideration of the main question, the Senate was addressed at considerable length, and with much vehemence and eloquence, by Mr Walker, of Mecklenburg, in opposition to the bill ; and he was replied to by Mr Gilmer. This bill one of the most important ever passed by the Legislature of North Carolina was then put upon its third and last reading, amid intense excite ment ; and the following is the vote : Those who voted for the bill are, Messrs. Ashe, Bell, Daniel, Davidson, Gilmer, Hargrove, Haw kins, Joyner, Lane, Lillington, Miller, Murchison, Patterson, Rowland, Shepard, Smaw, Thomas of Davidson, Thomas of Haywood, Thompson of Wake, Washington, Woodfin and Worth 22. Those who voted against the bill are, Messrs. Barnard, Bethell, Bower, Collins, Conner, Drake, Eborn, Exum, Faison, Graham, Hester, Kendall, Moye, Rogers, Smith, Speight, Spicer, Walker, Ward, Watson, Willey and Wooten 22. The Senate being tied, Mr Speaker Graves voted in the affirmative, and the bill passed its third and last reading." The following editorial is from the Stan dard of the same date : "T7te Central Railroad. Oa Thursday last, it will be seen by our proceedings in another column, the bill providing for a Railroad from Goldsboro to Charlotte, became a law by the casting vote of Mr Speaker Graves. The occasion was one of intense interest and excitement. The fate of the greatest measure which has ever received the legislative sanction ot North Carolina, hung upon the decision of one man ; and when his vote in the affirmative was announced, the profound silence of the Chamber was broken by shouts and the most rapturous ap plause. It is impossible to describe the enthusiasm which prevailed. We felt confident, fron the first, if the vote should be equal on this question, that Mr Graves would meet the responsibility thus de volved upon him with unshrinking firmness, and would give additional evidence that he is a states man of enlarged ideas and comprehensive mind. The people of Caswell county, who are themselves honored in sending such a man to our Representa tive Halls, will sustain him in the vote and approve his course. The Democratic party is thus entitled to share equally with the Whigs the credit of having passed this important measure. The bill was drawn up by Mr Ashe, was advocated with uncommon eloquence by Mr Dobbin, and was at last saved by the casting vote of Mr Graves!" Five of the Senators were absent or did not vote, namely: Lewis Thompson of Bertie, William Albright of Chatham, John Berry of Orange, John Reich of Stokes, and Joseph Halsey of Washington and Tyrrell. I repeat in this paper, written just thirty two years after this great event, by the same hand that traced the above editorial, that "it is impossible to describe the enthu siasm which prevailed" when Mr Graves gave the casting vote. Henry W. Miller, sq., of Raleigh, was the Principal Clerk. The floor of the Senate, the lobbies and gal leries were packed with people. John "Walker of Mecklenburg, rose to assail the measure. He spoke for an hour with unu sual vehemence aud power, against the State debt which the measure would create, de manding the privilege for his constituents and the people of middle Carolina of build ing a Kailroad for themselves with their own means. Mr Gilmer replied as he only could speak when deeply moved. Thirteen years afterwards I heard mm in the seces sion Convention in advocacy of the same scheme from Danville to Greensboro, which was passed by that body by a small maior- ity, mainly as the result of his efforts. Just before the vote was taken, Gen. Patterson (Bhavloile 'democrat, &havtoUe,?Sl.&; of Wilkes, moved to amend the bill by Jpro viding that the certificates of debt tQibe issued to raise the two millions for the Road, should bind the Road. Coupon Bonds were not then known in this State. s Expectation and -anxiety were on tiptoe. The hush in the Chamber could be felt. The friends of the measure expected a tie vote, and some of them felt sure, as I did, that Mr Graves would vote in the affirmative ; but many were uneasy lest, during the delay,' a change of one vote would occur and the bill be lost. But Gen. Patterson maintained his self possession, and read on slowly and deliber ately the Sections referred to. When he had concluded, and the ; amendment had been accepted, Mr Miller rose in his place, and with his sonorous voice called the yeas and nays. Footing up the. result, he hand ed the record to the Speaker. Mr Graves, who was a tall man of imposing presence, rose and said, "Gentlemen of the Senate, the Clerk reports yeas 22, nays 22. The Speaker votes in the affirmative. : The bill to charter the North Carolina Railroad has passed its final readings in both Houses and will be enrolled." Instantly the pent-up enthusi asm burst forth in shouts and hurrahs. Grave citizens threw up their hats and shouted for joy. It was impossible to ad journ the Senate in form. I remember three distinguished citizens who were near me in the rear of the Speaker's Chair, namely : James C. Dobbin, Asa Biggs and Thomas D. Meares. Just as the Speaker rose to an nounce the vote the latter, a Whig, rushed to me and asked, "how will he vote ?" I replied, "he will vote for the bill." As Mr Dobbin passed me he said, "Mr Holden, this is the brightest day that ever dawned on North Carolina. The State will be built up, and our party is now on high ground." Mr Biggs, passing just behind him, said, "The State will be overwhelmed with debt, and our party is ruined." The next day John Walker approached Benjamin B. Smith and myself, both of us ardent friends of the measure, and said, "Gentlemen, you must not think hard of what I said about the Raleigh influence. I did not mean to be personal, but I must do my duty to my constituents." All these men, who were as patriotic and honest as those who favored the measure, now rest in honored graves. As Mr Graves moved towards the door of the Chamber to retire to his lodgings, the enthusiastic crowd followed him, shouting at the top of their voices, waving their hats, out into the rotunda, down the steps, out into the open air, as far as the southern gate of capitol square. I walked near him, and observed him closely. He was deeply moved, and bowing, would simply say, "Gentlemen, I have tried to do my duty to the State." And nobly had he done his duty. His county was nearly unanimously opposed to that casting vote. But he look ed far over the heads of his fellows, and staked himself like a true man and patriot for the welfare and glory of coming ages. Mr Graves retired to private life. He did not again appear before the people for office. The measure of his fame was full. He need ed no further public honors. The State of North Carolina owes it to herself, as well as to his memory, to erect a monument to him at Goldsboro or Charlotte. A correspondent of the Standard, Col. Asa Biggs, paid the following tribute to the integrity and ability of Capt. Walker: Mr. Walker of Mecklenburg. It is due to this faithful and fearless Senator to state, that upon the third reading of the magnificent project of a Cen tral Kailroad, which is to involve the State in mil lions of debt, his voice was raised in the Senate protesting against the measure as unwiss and im proper. His speech no doubt was received by many with sneers, but the argument was unanswer able. His remarks on Thursday evening were made upon an amendment proposed by the Senator from Edgecombe, (Mr Moye,) to impose a tax to meet at least one-half of the annual interest on the enormous State debt about being created. He ex posed the imprudence of those patriotic gentlemen who were willing to create a debt, but unwilling to provide means to pay even one-half of the accruing interest, lie appealed to-Senators to know if this was the proper policy to sustain the credit of the State, now beyond question. He wanted no du plicity honesty and frankness were due to the people of the State. If these splendid schemes of State debt were to prevail, which he could not con sider, as seme, a State blessing, the people ' must support them the yeomanry, the laborers of the country, must raise the money Railroads could not be built upon the wind. It is much to be re gretted that we have not a larger portion in this General Assembly of such honest, firm, substantial farmers as John Walker. The people of North Carolina may have cause to regret that all their representatives are not. aspirants for a shout from a Raleigh and interested lobby audience. When they are saddled with heavy taxation to support a gross inequality, or when the credit of the State by the heedless action of this Legislature becomes tar nished, then will the sober, practical, and sound views of the Senator from Mecklenburg be duly ap preciated. The people of that County, and the friends of prudence throughout the State, may well be proud of such a faithful public servant as Sena tor Walker. Would that his speech could have been heard by every voter in North Carolina. Jan. 27, 1849. In April, 18G0, Capt. Walker was unani mously nominated by the Democracy of his county for a seat in the Senate. I notice that while he was nominated unanimously, tnere was a sharp contest for the two seats from thai county in the Commons. . The Democratic National Convention met in Charleston on the 23d of April, 1860. The representation from North Carolina in that body was as-follows: State delegates, Bedford Brown, William S. Ashe, Waight- still W. Avery, W. W. Holden. District delegates Nicholas M. Long, William A. Moore, Robert R. Bridgers, Lott W. Hum phrey, James Fulton, Walter L. Steele, J. V. B. Watson, Thos. J. Greene, Robert P. Dick, Charles S. Winstead, Samuel Har grave, John Walker, William Lander, H. B. Hammond, Dr. Columbus Mills, Henry S. Farmer. AH the State delegates but one are dead, and of the sixteen District dele gates seven are dead. There were 33 States represented in the Convention by C06 dele gates. The Convention was in session ten days, and failing to nominate candidates for the Presidency and Vice-Presidency, and the two sections differing widely as to a platform, the body adjourned, to re-assemble in Baltimore on the 1 8th of June en suing. Capt. Walker did not attend the Charleston Convention. The excitement in this State between the adjournment and re assembling of the Convention was very great. An immense majority of our people earnestly deprecated disunion and civil war, and I am satisfied that the twenty dele gates above named sympathized with their constituents in this respect. Capt. Walker determined to attend at Baltimore, and, coming by Raleigh, be and I traveled to gether to that city. I found him anxious to preserve the Union, and disposed to sup port Douglas, I but I perceived there were sacrifices which might be s required that he was not inclined to make. Our. delegation stopped at Barnum's, and we had a room on the first floor fronting the battle monument, in which "we held our meetings. Mr Lan der, as spokesman of the delegation, pre sided The-Convention met in the old Front Street Theatre. There were present a number of friends from this State who were not delegates, including TTiomas U Clingman, Duncan K. McRae, W. J.Yates, Rufus L. Patterson, "William J. Saunders, William A. Jenkins, Joseph John Williams of Florida, and others whose names I do not now recall. I have not the space in this paper to sketch either the first Convention or the Convention of the seceders, which nominated Breckinridge and Lane. I may do this hereafter. I observed, after we had been in session a day or two, that Capt. Walker was dissatisfied and restless. One day he rose to leave. He said his patience was well nigh exhausted by abolition sentiments uttered by certain Northern delegates. He was especially indignant at Mr Montgomery of Pennsylvania. He said his position was peculiar; that he represented that county, Mecklenburg, which had first kindled the fires of independence ; that he would not assail the men or the institutions of the Northern States, but that he could not re main in a body in which, as he thought, the Southern people were unjustly assailed. I reasoned with him earnestly and kindly, and he resumed his seat. But in a day or two we had our final meeting to decide what we would do. Mr Lander spoke first. He said he had made up his mind to retire from the Convention. Gen. Greene, Mr Ashe and Mr Avery, and others followed, avowing their purpose to secede. Mr Dick, who sat to my left, spoke briefly but eloquently of his purpose to stand by Douglas and the Un ion to the last. Mr Bridgers retired from the Convention under a pressure very diffi cult to resist, and I think he 'was the last of the delegates who recorded his name in the Convention of the bolters, Col. Steele being next to the last to do so. Capt. Wal ker sat to my right. I stated briefly that I had been sent by the Democracy of the State to a National Convention, and that I would remain as long as a majority of the States remained. Capt. Walker then rose and spoke fourteen or fifteen minutes, giv ing his reasons why he should retire. His voice rang through the corridors of the hotel, and might have been heard by the surging multitudes in the streets. Once or twice, from the effect of his burning words, Mr Ashe rose to his feet, his eyes flashing with feeling, and exclaimed, "that's right, Capt. Walker that's the true fire of the flint!" Mr Avery was regarded as the leader of the bolters, from the fact mainly that he had reported the platform at Charleston, which was understood to embody the prin ciples and demands of the Southern dele gates. Unlv three of the delegation re mained in the old or Douglas Convention, namely, Robert P. Dick, J. W. B. Watson and myself. Capt. Walker took a decided stand for Southern action in the Senate of the State during the session beginning the third Mon day in November. Though he and I dif fered radically on this great question, our pleasant personal relations were never for a moment disturbed. I remember the last visit he made to my office. The law then was the bill for which had been drawn in 1854 by Henry T. Clark. Asa Bieres and myself that the State Printer, if not elected on the second day of the session should be appointed by the Governor. I had been the State Printer six years. Capt. Walker was accompanied by my good old friend James H. White, of Gaston. He told me that he and other friends were anxious to support me a grain for the office, but, with his usual candor, he asked me to say wheth er I would continue to act with the Demo cratic party. I replied that the question ot the Union was above party; that even so momentous a question as that of peace or war should not be allowed to distract or divide the party; but that if the issue snouia oe nnauy pressed, my mma was made up to stand by the Union without regard to consequences. Capt. Walker nominated me in the caucus that night for State Printer, and I was defeated by 5 votes That evening I learned from a mutual friend directly from Gov. Ellis, that he would take ground for disunion in his message to be sent in next day, and I told that friend if Gov. Ellis should do that, I would certainly assail and denounce the message. I did not have the pleasure of seeing Capt. Walker again after the close of the session of 1860. As I have heretofore stated, he retired from public life and devoted himself to his farm. He was the very embodiment of integrity, candor and fearlessness in the discharge of what he conceived to be his duty. He illustrated in these latter times what was said by Menenius Agrippa of his inena uorioianus : "He would not flatter Neptune for his trident. Or Jnvp for hia nnwpr tn tlumrior TTia Vioart'a His mouth. What his breast forges, that his tongue mum, yen i. W. W. HOLDEN. Raleigh, N. C, Feb. 4, 1881. f i i . ... Wm. G. Morisey, Esq., was found dead in his bed in New Hope Township, where he was teaching school, Saturday morning. The day previous he had ap peared in his usual health, and nothing is known of his last moments, as there was no one with him during the night. The career of Mr Morisey for some years past has been a sad one and to his friends and former associates extremely painful. But it is not our purpose to-day to speak of his weak nesses. He was more to be pitied and com miserated than condemned. Let charity and the grave hide them from our view. We will go back a short period when Wm. G. Morisey was a lawyer with as flattering prospects of success in life as any young man could reasonablv desire. He nosspsspd fine talents and a big heart throbbing with noble and generous imnnlsea. He rnt rapidly to distinction in his nrofession and everything seemed bright and hopeful, when disappointment came. This proved too much. It crushed his hopes, his energy, his talents and ambition, and. alas! all was lost in the fatal cup. May the sod rest lightly upon his bosom. Goldsboro Mes senger. i 1' Ui4X Supreme Court Decisions. 1 -jj 'January Term', 1881. 4pf; , '':. From the Raleigh Observer. ! TrtKwifnn -offlrmA The flUPfition OI no- tice and its legal sufficiency is for the jury to determine. Unless the policy "expressly requires that the notice of a loss be made in writing, a verbal notice to a local agent is sufficient. A waiver of stricproof of loss jvill be in ferfedTfdm' alBy conductbnthepart of the tention to insist upon a failure to give due notice. : 1 - Mebane VsMebane, from New Hanover appeal dismissed. 1 ne counsel ior ina defendant haviner absented themselves from the trial before a referee, for reasons insuffi- cient and unsatisfactory, the-referee is ai lowed to nroceed with an ex varts hearing and it is but the exercise of a resDonsible juaiciai aiBcretion, unuer vuo cireuainBuvcB, J;.!.1 J! x J .1 A. to give defendant a further opportunity to appear. Brickell vs. Bell, from Halifax error. A bond or note given during the war. noth ing appearing to the contrary, it presumed to be payable in Confederate money, and is therefore subject .to the scale. The term "current funds" does not alter this pre sumption. When the sum demanded exceeds $200 a Justice of the Peace cannot take jurisdic tion. The "sum demanded" means the principal of the note. There was error in proceeding to judg ment without the intervention of a jury. Katzenstein vs. Raleigh and Gaston Rail road Co., from Warren affirmed. It makes no difference whether one. who acts as agent of a Railroad company is paid by the com pany or some other person, if he transacted business for the company and performed the duties of an agent on their account, with their knowledge or acquiescence. He is their agent, and they are bound by any act of his within the scope of the authority thus impliedly given. There is a distinction between penalties that accrue to the State and those that are given to the person aggrieved or such as may sue for the same ; both are constitu tional. A Justice of the Peace has jurisdiction of an action to recover a penalty. It is found ed on contract. Hughes vs. Mason, from Craven affirm ed. The landlord and tenant act gives the remedy of summary ejectment before a Jus tice of the Peace only in the cases where the simple relation of lessor and lessee has existed and there is a holding over after the term has expired. The jurisdiction does not extend to mortgagor, and mort gagee and vendor and vendee. The contract being for sale of land, the purchase money payable in equal annual in stalments, the entry of defendant as pur chaser clothed him with the right to have specific performance involving incidentally a reference as to the title ; and although the contract says that upon default of any payment the amount already paid shall be deemed as rent and the purchaser become lessee, the case is not cognizable by a Jus- tice oi tne ireace Decause ot tne title oeing in controversy. And the consent of parties cannot confer jurisdiction. Dawson vs. Griffin, from Halifax re versed. The compensation now allowed Sheriffs for levying executions is upon the i 1 11 3 - i oi rr i auiuai cuimu uons maae oy me onerm Him self, and does not extend to navments on private arrangements between the parties, as iormeriy. EST" In addition to the above the follow ing opinions have been delivered : B F Houston vs. W H Howie and others, from Union cause remanded. M B Belden vs. D B Snead, from Richmond error judgment reversed. State vs. Thomas Lash ley, from Robeson no error judgment af firmed. State vs. Benjamin Blue, from Cum berland error new trial. The Etiwan Dissolved Bone OB ACID PHOSPHATE Is no new thing to the farmers of this section and is always RELIABLE. Farmers who have used it from year to year pronounce it THE BEST. See the report of the State Board of Agriculture, as to wiiai uieir unemist knows about it. By placing your order with us wow you will cer tainly secure a supply. We will also sell THE ETIWAN GUANO The Standard Cotton Fertilizer. None havA Rnmnnarvl 1 V10 ntwwa Rnmla n the field or in the hands of the State Chemist The manuiacturers assure us that every Ton shall be fully up in grade. Our intention is to give you the worth ot your u.uucr wucu you uny irom us j ertinzers, Uacon, Corn, Flour, Sugar, Coffee, Molasses, &c Whether you are a laree or small buyer, come and see us. , r SPRINGS & BUR WELL. Jan. 21, 1881. Pine Island AMMO MATED PHOSPHATE AND Pine Island ACID PHOSPHATE. We CftH thf t ton linn rt fam . v - i brands of Fertiligera. The Pine Island Guano. Gave universal Mtiafnntfon loot .m.o . j ----- ma. dhhuu i a Liu we can recommend the 5 Acid PhosDhfit.A As first class. Call early and eneaee what Ton -will n n,?. season. Don't fail to come and aee n hf- k., ing and get our prices and terms. J-,. 28, 1881 ; L "OW CO. Canned Goods. wwipc-icth ytf.ii piease remember that p have a full stock of ToSiaes, Cprn PeacheV, Ic We Will make nricea rpnarmoto. T-T ' , promptly for anytwVg inur lina " RPDTVnu o nrmn. Dec 3, 1880. " CUitrvJiLL- North Carolina Items. Cliyi Dare, Graham, Polk, Swain . Transylvania aftdTTyrrel counties combined have a total ! population of but 27 609 Four:4f them have but little over 3,000 in habitants each. And still the cry isJ jel cut up the old historic counties and make little ones all about. Wilmington Star. Yes, and it seems that many members of tile presenfLegislature can be persuaded into making more "counties just t please and accommodate certain-prominent -gentlemen -whose special interest will be promoted by having a new county. . CT Senator Ransom has accepted an invitation to deliver the address before the literary societies of Davidson Colecre at the next commencement. Crl The Commissioners of Concord have passed an ordinance providing a fine of nut more than $20 for any parent or guardian who shall allow a child with the whooping cough, or other contagious disease, to aj pear on the street. tdP The negro 'exodusters" continue to have a hard tim9 out in Indiana. One of them writes to the Mayor of Goldsboro as follows : "Your honor will please tack this card up in a conspicuous place, as a wan,, ing to people of my color. To any of ou who think of coming to Indiana, take my advice and stay where you are. If you can live you are better off than here." Golh boro Messenger. ; TO THE PUBLIC. Having accepted ; the Agency of the Bay State Iron Works of Erie City, Pennsylvania, for the States of North and South Carolina and Georgia, 1 am prepared to furnish full assortments of Stationary and Portable Engines, Steam Moisting Machines, Boilers, ' Saw and Corn Mills, Boss Press, Cotton Gins, . Threshers and " ' Separators, Shafting, Pulleys, c. . I can fill orders promptly and at most reasonable prices, and the Machinery is fully guaranteed. Persons wishing to purchase are requested to call and see me before they buy. ' Thanking my friends for the liberal patronage heretofore extended me I am respectfully, JAMES F. JOHNSTOK, College Street, Charlotte, N. C. P. S. I have a large stock of Carriages, Buggies, Phaetons and Double-Seated Spring Wagons, of the best makes. Also, several good second-hand Carriages and Barouches suitable for Livery men all of which I can sell very low. If you want bar gains call and see my stock. Feb. 4. 1881. . Call at J. H. Mc ADEN'S Drug Store For your Spices. 10 Bags Black Pepper, 5 Bags Allspice, 10 Bags Ginger, 5 Gross Nelson's Gelatine. Also, a foil Stock of . select English Spices, whole and ground. MERCHANTS will find a full stock of Drugs and Patent Medicines, at J. H. McADEN'S, Wholesale and Retail Druggist, No. 1, Parks' Building, Tryon Street, Feb. 4, 1881. Tools and Nails. Carpenter's and Blacksmith's Tools and Nails, at BREM & MCDOWELL'S. Sale of the SPARTANBURG & ASIIEVILLE R, R, Pursuant to the Decree of Foreclosure made in the case of V. R. Tommey, the Atlanta Rolling Mill Company, et. al.. Plaintiffs against The Spar tanburg & Asheville Railroad Company, ct. a!., Defendants, in the Circuit Court of the United States for the Western District of North Carolina, December Term, 1880, we will sell at Public Auc tion in the City of Spartanburg on the first Mon day of April next, at 12 o'clock noon, all and sin gular the Railroad constructed and being con structed upon and over the line or Route from a point at or near the City of Spartanburg, in the County of Spartanburg, in the State of South Carolina, to the Town of Asheville, in the County of Buncombe, in the State of North Carolina, a distance of SIXTY-SEVEN MILES, more or less, together with all its track, Road Bed and Depot lands, its Tenements and Hereditaments, Rights of way and Easements acquired or appro priated for the purpose of a single or double track, and Telegraph, line, and for Depots, Engine Houses. Ware Houses, Machine Shops, Superstructures, Erections and Fixtures being necessary for the use of said Railroad ; and also all and singular the Franchises owned, possessed or acquired, or which shall hereafter be owned, possessed or acquired, by the said Railroad Company, for the purpose of building and operating the said Railroad abore specified and described ; and also, all the Rails, Depots, Yards, Engine Houses, Machine Shops, Car Houses, Station Houses, Tanks, Work Shops and Fixtures, and also ajl Locomotives, Cars, Ten ders, and other Rolling Stock or Equipments, and all Machinery, Tools, Implements, Fuel and other materials for constructing, operating, and repairing said Railroad, upon the following terms to-wit: The purchaser shall immediately upon the clos ing of the bidding pay the sum of TWENT1 FIVE THOUSAND DOLLARS CASH, and at the expiration of ninety days from the day of sale, pay sufficient additional cash to amount to one-third Eart of his bid, and shall at the same time execute is Bond for the balance of the purchase mone7, payable in twelve months from the day of sale, and shall likewise execute a mortgage of all the afore said property as security for the payment of the said Bond j and in default of said cash payment the said property shall at once again be offered for sale upon ttie same terms, and be in like manner offered fqr galp untl Jlje bidder do comply with said terms of sale. In default of the payment of said cash balance In ninety days, and the execution of the aforesaid Bond and Mortgage, the said property shall be re sold upon the first Monday of the month that may be at least thirty days succeeding such default, af ter public notice by advertisement once a week for three weeks upon the same terms as aforesaid, the former purchaser in default forfeiting the cash he has paid. At the sale, any of the parties to this suit, includ ing any officer of said Defendant Railroad Com pany, and either of the Trustees, will be allow1 to bid and become purchasers, and the purchasers will be at liberty to anticipate any and all of the deferred payments or any part thereof. In f anv creditor holding nnv minima nroven in the cause above mentioned becomes purchaser, afW payment of sufficient cash to pay all costs, and c- Den&ea Of the: emit all taru iWot mav hfl AllC C0&1' Emsation for Trustees, the reimbursement of the eceiver, the outstanding Receiver's certificates, the comnenaatinn of th Rpopivpi- the counsel en gaged, the compensation of the special Master ti uireciea in said Decree of foreclosure, meu dividend to which id r;rJirors r.laim mar at tue time of any payment by bim be entitled, will be re ceived by the Trustees as so much cash, such creo itors executing a proper legal voucher for sucd ceiver's certificates become purchasers at the in mai event upon the second payment '" C. fore rpnniro1 t) uM If tr or' a torttfirAfe will I received as cash for the amount of said certincaw upon the execution by the said holders of a is1 voucher therefor to the Trustees. urir -r t -r tt TTkTllf k N . JOHN B. CLEVmJL Jan. 28, 1881. . 3m. . Trusted ! f
The Times-Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 11, 1881, edition 1
2
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