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' This Argtjs o'er tho people's rights, No soothing' strains of Maia's sun,
Doth an eternal vigil keep Can lull its hundred eyes to sleep"
VOL. XVII. GOUDSBORO, K. C THURSDAY, APRIL 11, 1895, NO. 1.
4
RESULTS OF THE ELECTIONS
THOSE OF OHIO TO IEAD OFF WITH,
The People Have Not Yet Turned Again
to the Democracy, Though they "Were
Democratic Victories.
Columbus, O., April 2. The
result ot the election in Ohio
cities yesterday show the tide has
not yet turned in favor of the
Democrats. Of the larger citjes
only Columbus was carried by
them, though the count may yet
show that Major, Republican,
has been defeated for mayor of
Toledo. Two of the three Re
publican newspapers tbeva-were
opposing him, however, and his
defeat could hardly be claimed
as a triumph of the Democrats.
Blee, the Democratic mayor of
Cleveland, who is defeated for
re-election by McKisson. Repub
lican, by 6,000 plurality, is one
of Senator Brice's lieutenants in
northern Ohio, and it may be in
some degree said to be a rebuke
forBrice.Ex Governor Campbell
and Congressman Sorg, alone
among Ohio Democrats, can
claim some election honors.
Campbell's town, Hamiltion,
elected the whole Democratic
ticket by about 1,000 plurality,
and Sorg's town, Middleton,
which is strongly Republican,
elected S. Stanzy, Democrat,
mayoi' by over 100 plurality. In
this city the question was not a
political one. Both the Demo
cratic and Republican candidates
for mayor were believed to favor
the opening of saloons at
night and on Sunday.
The law and order element
placed D. E. Williams, a Demo
crat, in nomination, pledged to
enforce the closing ordinances.
Williams drew nearly his entire
support from the Republicans,
and the Democrats, supporting
their candidate, C. H. Allen, solid
ly, elected him by nearly 2,000.
Detroit, Mich., April 2.
The latest returns from the State
do not show much change from
last night. It is probable that
Judge J. P. Moore, Republican,
for Justice of the Supreme
Court, has carried the State by
35,000 plurality, over Justice
McGratch, Democrat. The two
Republican candidates for re
gents of the University, R. W.
Butterfield and Chas. H. Hack
ley, have run slightly ahead of
Moore. ' The Republican State
ticket has probably carried every
county in the State. In the local
elections the Republicans have
carried a large majority of the
towns and cities.
St. Louis, April 2. Repub
lican victory assured. Demo
crats at 3. p. m. claimed but one
of six councilmen and one of 28
delegates.
Chicago, April 2. The entire
Republican ticket, with the ex
ception of a few isolated alder
men, was elected here to-day.
George B. Swift's plurality for
mayor was 45,000. This is taken
from incomplete police returns.
At 10 o'clock to-night 810 pre
cincts out of 920 registered Swift
129,764 votes; Wenter, Democrat,
90,591, and Homes, Populist, 9,
876. The council will stand over
whelmingly Republican. "Hinky
Dinck" McKenna, Democrat, was
defeated by the Republicans for
alderman in the first ward, a
Democratic stronghold, by 400
votes. In the nineteenth ward,
ex-Congressman Frank Lawler,
independent Democratic can
didate for alderman, appears to
have the whip hand. Alderman
McGillen, Mayor Hopkins' right
bower, is behind in the twenty-
first ward, and the only Demo
cratic survivors of the alderman
ic cyclone from the present out
look are Stuckart, of the sixth,
and Bennett, of the eighth.
rime hundred out or yzu pre-
cmcts give Swift, Republican,
for mayor, 139,211; Wenter, Dem
ocrat, 99,162.
St. Louis, Mo., April 2. To
day's municipal election turned
all the city offices but two over
to the Republicans. Democrats
are stupefied and Republicans are
jubilant. Of the 28 members of
the House of Delegates chosen
two Democrats were elected, the
remainder being Republicans
Six Republicans at large were
elected to the city council, which
will now be unanimously Repub
lican, as seven Republicans are
the hold-over members. The av
erage Republican- majority in
total vote of 53,000 is 12,000. ,
SI e'by Aurora: In Duncan's
Creek township Rutherford county a
rapid dog attacked lacerated dragged
about the yard and fearfully man
gled little girl, the daughter of Ju
lius Gettys, at the latter's home.
while the parents were in the field at
work. The child's face is torn al
most beyond recognition, one eye and
lower lip gone, its nose half destroyed
and the dog dragged the helpless
child many yards over the yard, and
biting a hole in its left Bide nearly
disemboweled the girl. The child is
under surgical treatment and is at
death's door. The surgeon thinks
there is no chance tor its recovery
from the injuries inflicted by a rabid
dog, when tlere was . no one near to
succor.
Advertise in the argus.
Steam and Electricity.
Many sicentific men confident
ly predict that this generation
will see the almost universal sub
stitution of electricity for steam
as a motive power for railroads.
The experiments with electric
motors now being made on one
of its branch lines by the usually
conservaiive New York, New
Haven and Hartford Railroad
Company are watched with great
interest by railroad authorities.
Recently the Pennsylvania
Railroad Company has decided
to susbtitute electricity for steam
on its line between Burlington
and Mt. Holly, N. J., and sever
al other great trunk lines are
preparing to experiment in this
line.
The short time which has
been required for a general sub
stitution of electricity for horse
power and dummies on street
railways and the constant im
provement in electric motors
give rise to great confidence in
the rise of electric propelling
power on a larger scale. Only
two or three years ago it was be
lieved that a saving in fuel was
the only advantage that electric
ity had over steam, but recent
inventions in the electric ap
pliances have brought into con
sideration other important ad
vantages. A practical engineer
sets forth some of them as fol
lows.
"First, the cost of repairs is
ess with electric motors than
with steam locomotives, because
the mechanism is far more sim
ple. There are not so many mov-
ng parts, and these are not so
much exposed to the action of
mud, sand, water, etc. Three or
four years ago, however, the
cost of repairs in electrie service
was a formidable item. Second,
more miles are run per day, or
more hours of service are obtain
ed per day, with electric motors
than with steam locomotives, so
that the cost of labor per mile is
less with the former, and the
amount of work done with a given
sum invested is larger. When
electric motors of larger size and
for higher speed than those
now used are made, to take the
place of locomotives, they w
run about the same num
hours as the motors now muse;
but will cover continuously from
two and a half to three times the
distance now covered by loco
motives. The locomotives must
be run into the round house and
thoroughly examined and cleaned
up more frequently. Third, the
electric motors used to move a
train can be placed under one of
the cars. The weight of the
train is thus reduced and less
power is required for the mov-
j of it. It would not be neces
sary to make this motor car as
heavy as a steam locomotiue."
The probability is that we will
soon have electricity doing near
ly all the locomotive work we
now get out of steam. Then we
will want to fly.
The North Carolina Kind.
Newark, N. J., April 3.
Greater consideration could not
have been created among the
Republican leaders of Newark
than was caused by the discov
ery that the Voorhees supple
ment to the election laws had al
ready gone into effect and would
affect the Spring election. Tak
ing effect now, it wipes out the
county board of registry and
elections, and possibly the dis
trict election officers, takes away
from the Court and Common
Pleas the power of revising the
registry lists for the approach
ing election, makes possibly null
and void the registration of yes
terday, and may throw doubt on
the election ot next Tuesday.
That was discovered yesterday.
The Voorhees bill sigaed by
the Governor, became a law on
Monday. The clause providing
that it takes effect immediately
was an amendment. It escaped
i vigilance ot the Essex coun
ty memoers, ail or whom were
under the impression that it did
not become operative until July
and who watched its progress
through the Senate and Assemb
ly. A conference was held yes
terday upon the bill by Judges
Depue, Childs and Kirkpatrick
They scrutinized it to learn
whether the Court of Common
Pleas was authorized to revise
the registry lists. Their con
cmsion was tnat under the new
law the court had no such au
thority for revision. -Rhode
Island Democrats Defeated
Providence, R. I., April 3.
The Democrats of the State were
simply snowed under to-day. The
returns indicate a general falling
off in the Democratic vote of
about 40 per cent. The vote was
exceedingly light, but Lippitt,
Republican, for Governor, is
elected by a largely increased
majority. The entire Republican
State ticket is elected. The
Democrats will return at least
their present representation of
five in the Legislature. In two or
three towns there was some in
terest owing to contests on loca!
m t
issues, out apatny was shown in
most instances.
AT THE STATE CAPITAI..
The News of a Day as Bearing Upon Mat
ters of Interest to the State at Large:
The Mortgage Lav And the Six per
Cent Interest Bill.
Argus Bureau, )
Raleigh. April 6, 1895. f
The decision of the Supreme
Court in regard to the mortgage
law has greatly relieved business
here. Judges Avery and Clark,
as I telegraphed you, dissented
on the ground that there was no
properly constituted case before
the court. It is a significant fact
that the three newly elected Jus
tices overruled the two old ones.
The impression is growing,
however, that the Supreme Court
will eventually decide that there
is no real law, as the bill's passage
has been conclusively proven to
be a fraud. The News and Ob
server this morning prints a letter
from Attorney-General Osborne
to Governor Carr in which he
gives it as his opinion that the
Governor can start an action
against the bill as a private citi
zen but not as the State's Execu
tive officer.
Another seizure was reported
to Collector .Simmons to-day by
Collectors Smith and Davis who
cut up an 80 gallon still in Su tu
rn erfield, Guilford county, be
longing to P. H. Harris and S.
G. Cole. Both the owners es
caped the deputy.
The agent of the philanthropic
spring company, of which I
wrote you some days ago, has
turned up here again, after a
visit throagh Eastern North Car
olina and is again victimizing ne
groes. His name is Trent and
he is himself a negro, though no
one would so think from seeing
him. The colored people are
biting at his glowing promises
right along. One old colored
man, he told that if he would in
vest $10, he guaranteed that he
would realize 40 from it within
a year. The president of the
company is an old negro, named
Coleman, who is also here.
Yesterday afternoon the A. &
M. College baseball team defeat
ed theiB-nity nine by a score
The game was an
ediocre one. For
the result of the
last two Lafayette University
games which were played at
Chapel Hill, were not published.
afayette won the first, 4 to 3
and the University, the second,
6 to 3.
At the Agricultural Depart
ment to-day I met Messrs. Jones
aad Foster, extensive growers of
hops in the hop region of New
York State. They are turning
their attention to North Carolina
as a hop growing region and are
now here to make experiments
in hop growing in this State.
They will try all three regions
of the State, Eastern, Piedmont
and Western and in the section
that gives the greatest satisfac
tion will purchase large tracts of
ana of which hop fields will be
made.
George Mills, the murderer, is
in jail under sentence of death,
but out in the city a committee
is going the rounds getting
names signed to an application
for his death sentence to be com-
mutted. And the people are
signing ngnt along, xnis sign
ing of applications for pardon is
curious thing.
The Seaboard Air Line has
made a still greater cut in rates
The system has issued a circular
and is widely distributing it
here. It is headed "Boy Cot
rates." Under this is a youngster
with a placard on which is print
ed the "cut" rates.
The Fusionists here are still
crying out that the Democrts had
a hand in the assignment bill but
this wont go. Clerks Brown and
Sattufield are keeping in mighty
close corners, it seems. They
are also roundly abusing Gov
ernor Carr for refusing to call
an extra session. Many farmers
came in to-day andsome succeed
ed in getting "crapping .mort
gages.
The late legislature "played
the mischief" . with National
banks. The six per cent law and
the assignment law will militate
awfully against them. State
banks may Iviolate the law. but
National bank officers are sworn
othcers or the law and cannot
violate it without perjuring them
selves. - . . "
Asheyille Citizen: George S. Pow
ell has received inquiries as to the
climate, value of land, etc., in Wes
tern North Carolina from a gentle
man at. Howard Lake, Minn., repre
senting a number of Minnesota fam
ilies whc desire to find homes in this
section. They have had all they
want of Minnesota, and having
heard of Western North Carolina,
placed themselves in communication
with Mr. Jrowell, who wilt answer
them fully and endeavor to bring
them here as permanent residents.
Rockingham Index; Another cot
ton mill for Rockingham. How
many towns in the State can boast
rofsix large mills such as we have?
And we don't intend to allow this
number to remain as low as six
much longer.
-
"Governor" Pearson's Display of
Demagoguery.
Raleigh. News & Observer.
The self-appointed wet-nurse
of the Fusion party, Mr. Rich
mond Pearson, who convened a
special session of the Bosses to
try to pull the party out of the
hole into which they have fallen,
by ignorance or corrupi-ion, yes
terday sent the following tele
gram to the Charlotte Observer:
"Raleigh, April 2. Proof is
complete and conclusive that the
act to regulate assignments is
fraudulent and spurious. . The
original bill, identical with the
one published as a law, has just
been found among the defeated
bills in the old State library,
marked 'Tabled March 12th.'
The Senate records show that
the bill was never before that
body in any shape at any stage.
"Threatened injury to the busi
ness of the State will undoubted
ly be averted by judicial or legis
lative action. Honest business
men appreciate the position of
your paper in declining to join in
a partisan cry to excite ground
less fears and prejudice about a
measure that was drawn by a
Democrat, introduced by a Demo
crat, defeated by Republicans
and Populists and authenticated
by a monstrous fraud perpetrated
upon the presiding officers of
both houses of the General As
sembly. "Richmond Pearson."
The Observer contains two edi
torials which show that it is too
smart to let Mr. Pearson's show
of generosity impose upon it. We
quote:
"We fear that Mr. Pearson in
his generocity gives this paper
credit, in its treatment in this
matter to which it is not entitled.
We must avow that we have
given a decided partisan turn to
several of our discussions of it.
It is, however, that we have
sought to allay any unnecessary
alarm about it and to put the
best face possible on what is at
best a grave situation. The op
eration of the law is causing
much temporary inconvenience
and loss. We do not believe that
the full force of its language will
be left to apply after the courts
have construed it; but if it is.
there is yet another remedy
which may be resorted to if the
worst should come to the worst."
Again it says:
"The telegraphic story of the
above referred to transaction, as
sent by our Raleigh correspond -
ent last night, puts an entirely
different face upon the story told
by Mr. Pearson. It appears
that the bill found yesterday was
the original bill and not at all the
bill which is now a law. The
original bill contained the very
material exceptions embraced in
the twenty words after the words
'existing creditors, the substi
tute does not.
"The fusionists' efforts to help
themselves about this matter
have availed nothing thus far,
but seem only to get them deeper
in the bag. There is no Demo
cratic responsibility in the mat
ter whatever.
There never was a telegram so
characteristic of a demagogue as
Mr. Pearson's. He seeks, by a
transparent juggling with words,
to throw responsibility upon
Democrats for the "injury to the
business of the State," when he
well knows that the bill "drawn
by a Democrat" and "introduc
ed by a Democrat" was amended
by Populist Hileman's finance
committe in such a way as to cut
out the provisions to permit
mortgages for cash and farm
supplies. Mr. Pearson knows
that if Mr. Smith's bill had been
forged through, without Hile
man's amendment, it would have
worked no such injury as the
bill that his crowd forsred
through.
With the lowest sort of par
tisan demogoguery fresh on his
pen, he criticizes honest men by
accusing them of making "a par
tisan cry to excite groundless
fears and prejudice." Who has
done this? The Democratic news
papers have merely printed the
infamous bill, which was forged
throught by "Reform" - officers
or their assistants, and voiced
some of the clamor of an out
raged people against it. It turns
out that the bad bill, as amended
m Populist Hileman's commit
tee, was tabled on motion of a
Democrat. This does not excuse
Hileman, and it is shown that
Chief Clerk Satterfield was noti
fiedby Smith, of Stanly, that
the bill had been tabled while the
said Satterfield was on his way
to have the tabled bill enrolled.
If Mr. Pearson would decline
to "join in a partisan cry," and
devote himself to fixing the re
sponsibility upon the guilty party
he 4 would be more worthily em
ployed. It has been placed at
the aoor of Mr. Satterfield (Re
publican), or Mr. Brown (Popu
list;, or one oi their subordinates.
Mr. Pearson would do well to as
certain which one of these "Re
form" clerks committed the for
gery, and whether he received
$500 from certain business houses
n Baltimore as has been alleged.
THE NEW ASSIGNMENT LAW.
The Supreme Court Decides That it Does
Not Apply to Mortgages Given to Se
cure a Present Debt.
Special Telegram to The Argus.
Raleigh, N. C, April5.
The Superior court has handed
down an opinion in the test case
from Durham in regard to the
assignment law, deciding that
the law does not apply to mort
gages given to secure a present
debt.
Justice Montgomery handed
down the opinion.
Justices Avery and Clark dis
sented, on the ground that there
was no properly constituted case
before the court. They argued
that no opinion should be handed
down.
RAILWAY BUILDING THIS YEAR.
One of the best evidences of
restored confidence and reviving
business is the assurance of
large rairroad construction this
year.
Last year less than 2,000 miles
of railway were built in the
United States. This was the
lowest record for more than
twenty years.
The Railway Age, a reliable au-J
thority, says that 20,54 miles
of new railway are under con
struction or in a condition where
the actual track laying will be
begun in the early future.
In this estimate the Railway
Age has carefully excluded all
old enterprises for building rail
roads which are still striving to
obtain the means for beginning
construction and all "paper rail
way" schemes. It declares that
its figures include only enter
prises which have good finan
cial tacking and practical direc
tion. In this view of the n.atter
the showing is indeed remark
able. The railroads on which work
has actually begun or will begin
very soon represent new lines
and extensions in forty-six states
and territories.
No less than thirty-one such
enterprises are on foot in Texas
alone and represent 2,913- miles.
A great part of this represents
the great line which is being
built to compete with the South
ern Pacific monoply in that
State. Arkansas has twenty-oe
new lines representing a total
mileage of 1,377, and Pennsyl
vania the same number with an
assured new mileage of 768
miles. Wisconsin has planned to
build 964 miles of new road on
eleven lines. South Dakota has
under construction and in pros
pect 834 miles, Georgia 760,
Florida 775, South Carolina 313,
Ohio 438, New York 393 and Min
nesota 522.
A number of trolley lines are
being constructed in Connecticut
which wTill virtually do the work
of railroads and such lines are
also being constructed in New
Hampshire, Massachusetts, Ver
mont, New Jersey and North Da
kota. One order recently re
ceived from California by an
Eastern steel mill calls for 12.000
tons of steel rails to be delivered
as soon as possible.
Goldsboro's Diogenes.
The Raleigh Neivs & Observer
of yesterday says:
About the middle of the ses
sion of the Legislature, Dock
Holland, the Diogenes, of Golds
boro, said that there had been
no such gathering as the Legis
lature since Herod called his
cabinet together to outlaw Moses.
He said that, too, before he had
learned of the rascality and in
competence of ihe clerks, and
before bill stealing and forging
became a common occurrence-in
the Douglas Legislature. What
comparison this philospher
would make in the light of subse
quent events; we cannot imagine
Is there any worse comparison
to make?
The Argus is personally in
formed by Dock that he is suf
ficiently disgusted with the Fus
ion Legislature. He says he has
made a formal tender of the
"Third party" contingent thereof
to Capt. J. E. Peterson, chair
man of the Board of County Com
missioners, with the request that
he hire them out, or put them to
work on the public roads any
thing to get rid of them.
Rutherfordton Democrat Sunday
niffht DeDutv Collector W. W.
Krider, with United States Deputy
Marshall Barney Butler and Beverai
assistants, made a raid into Polk
county and found and destroyed
three stills with a big lot of beer and
singlings.
Raleigh - News & Observer:. At
the ball game yesterday was observed
Rey. J. N, Cole, who, in jeara gone,
was the leihanded pitcher of the
Nut-Bush Scrubs. The popular
J&aenton btreet parson was flanked
by Justice Avery, of the Supreme
Court, who, before the war, was a fa
mous player on the Mountain Tigers,
me great Uat-ball club.
STRIKING AT THE ROOT.
Governor Inquires "Whether Fraud AViU
Vitiate the Mortgage Law.
Governor Carr has struck at
the root of the matter in the fol
lowing letter which he addressed
to the Attorney-General:
State op North Carolina, )
Executive Department, V
Raleigh, April 4, '96. j
Hon. F. I. Osborne, Attorney-General,
Raleigh, N. C. : .
Sir I wish you to investigate
the question whether a proceed
ing cannot be instituted by you
in behalf of the State, against the
Secretary of State as a nomi
nal defendant to restrain him
from furnishing for 'publication
the Act known as "An Act to
regulate assignments and other
conveyances of like nature in
North Carolina," until it could be
determined whether it passed
ed the Legislature and whether
its enrollment was procured by
fraud and forgery.
It has been suggested to me
that you, as the Attorney-General,
might institute a proceeding
to go behind the ratification by
alleging fraud and establishing
the fact before the Court that
none of the acts essential to its
validity, as a law, were in fact,
performed, except the enroll
ment and ratification.
In Scarborough vs. Robinson
the want of ratification was de
clared a fatal defect. Why should
not the more important matter
of failing to pass a bill through
either House be sufficient to show
its want of validity? No matter
how the courts may construe the
law, it should not be enforced
under any conceivable construc
tion, if it is not in fact the law,
but has been forced upon the
people by fraud and forgery.
In order to satisfy the public of
the readiness of the Executive
Department to promptly lend its
aid in relieving them from the
consequences of this and other
iniquitous legislation, that ought
to be inquired into, I request you
to give me an answer to-day.
Very respectfully yours,
Elias Carr,
Governor.
An Old Lie Revamped.
The Caucasian reprints and en
larges upon the long-ago explod
ed lie that Frederick Douglass
and his white wife were inyited
specially to the wedding of Mr.
Cleveland, and that the miscege-
nationist and his wife were pres
ent at that event.
No other evidence of the Cau
casian s utter disregard ot the
truth is wanting. It knows that
its statement is foully false. This
lie is revamped and republished
now m the hope that the people
can be made to believe that
Cleveland worshipped Fred.
Douglass as ardently as the late
North Carolina House of Repre
sentatives. If Cleveland had
worshipped at the sbrine of
Douglass, would that j usury the
North Carolina Legislature? Un
less the Caucasian hopes to de
fend its crowd by quoting Cleve
land's so-called example as
worthy of emulation, for what
purpose is this base lie again
brought before the public i Ra
leigh News and Observer.
If you desire a first class family
newspaper subscribe to The ar-
gus Daily o, weekly fcl per
year.
COITKT CALENDAR.
April Term 1895.
There vtill a Superior Court begun
and held for the county of Wayne, at
the Court House in Goldsboro on the
15th dav of April, 1 89o, for the trial of
Civil and Criminal actions. The fol
lowing is the Civil calendar:
WEDNESDAY, APRIL. 17TH.
No, 28, H J Ham vs The R & D 11 R Co.
" 30. Hanover Nat'l Bank vs K f
Howell et al.
" 31. Bennett Hooks vs C B Capps.
" 34. Goldsboro Storage Warehouse
Co vs B Ij Duke et al.
" 51. Tregellos, Hertol & Co vs Geo
M Lindsey.
u 55. Harper Best vs Nan Best
THURSDAY, APRIL 18TH.
No. 39. Bobt Merritt vs K & UUK Uo.
' 43. ET J Ham vs M i Baker.
' 46. W A Deans vs Sallie Pate.
' 50. A C Davis vs Emanuel Jarman.
MOTION DOCKET.
No. 9. Abraham Uzzeii et aivs i w
Uzzell and wife.
"15. IP Hill et als vs Pioneer Lum
ber Co.
" 19. J T Edmundson vs R W Ed-
mundson et al,
" 26. B F Aycock et als vs Elizabeth
Newcome.
' 29. J R Crawford vs James Willie w
et al.
33. L D Gulley vs R G Hitt,
37. Mtthew Daniel vs Wm Dan
iel, Exr.
45. Bank of Wayne vs B F Mur
nhrev et als.
" 48. Bank of Wayne vs Ellen W
Moore.
" 49, Ellington & Guy vs O R Rand,
Jr., et al. v
Witnesses will not be allowed to
charge until the day the case in which
they are called is set for trial.
Tf a case shall not be reached the day
it is set for trial it-will retain its place
among the cases set, and be tried when
reached.
C. F. HERRING, C. S. C.
Goldsboro, April 5, 1895.
Barbers Wanted
oVrn -Rwst. nlacs Viftrhfirs wanted. Com
mission 60 cants on the dollar. Steady
emplovmeBt. Address
V A. D. WARD,
Goldsboro, N. C.
THE MORTGAGE ACT.
The Attorney General's Reply to the Gov
ernor as to an Action of Inquiry into
the Validity of the Act:
Raleigh, April 5. The Su
preme court to-day hands down
its opinion in the Assignment
act.
The court holds that the act is
limited to conditional sales, as
signments, mortgages and deeds
in trust made to secure pre-existing
debts and obligations, and
that mortgages of the nature of
the one before the court, grow
ing ou. of the transaction itself
and executed for a present con
sideration, do not come within
the operation of the act.
The act was not intended to
embrace transactions where the
debt grows out of the transac
tion itself and is for present con
sideration. Attorney-General Osborne to
night makes the following reply
to Governor Carr's letter:
"Dear Sir Your letter of
yesterday was received this
morning. In it you request me
to investigate the question
whether proceeding cannot be
instituted in behalf of the State
against the Secretary of State as
a nominal defendant to restrain
him from furnishing for publica
tion the act known as 'An Act to
Regulate Assignments and other
Conveyances of Like Nature' in
North Carolina until it could be
determined whether it passed
the Legislature, and whether its
enrollment was procured by fraud
or forgery.
"In compliance with the re
quest of Your Excellency I have
investigated the question, as far
as I could within the limited
time suggested in your letter,
and have reached the conclusion
that no such proceeding as the
one mentioned by you can be
maintained.
"After a thorough search I
can find no authority in our
State or elsewhere to sustain it,
and I cannot see how the State
as a person distinguished from
its citizens are interested in the
question.
"As you are aware, the action,
if brought, would have to be
brought in behalf of the State
with you as the relator of the
plaintiff and me as counsel.
There is, in my opinion, nothing
in the official duties of either of
us which requires us to bring
proceedings in any court to nul
lify an act of the Legislature
whether legallyupassed or not.
"But I do find authority in our
own State for a proceeding of
another character which may ef
fect the desired purpose and af
ford a remedy to our people
against the infamous outrage
that has been perpetrated upon
them. I think any citizen, in be
half of all others, may bring the
action you suggest. Such a pro
ceeding in the nature of a man
damus has been allowed in our
courts in the case of Scarborough
vs. Robinson, 81 North Carolina,
page 409. Perry vs. Whitaker,
1 North Carolina, page 6ro is
somewhat analogous.
"Besides, I find authority in
other States to the same elfect.
Among others, State vs. Cun
ningham, 83 Wisconsin, page 90,
(35 American State reports, page
27.) Wise vs. Bigger, 79 Vir
ginia, page 2o9.
"There is nothing to prevent
Your Excellency as a citizen, in
behalf of all other citizens, from
bringing this action, and if you
will permit me to go behind du
ties as your legal advisor I take
this opportunity to say that you
as our most prominent citizen
are the proper person to do so.
"If Your Excellency should de
cide upon the course recom
mended the whole matter will
come before the courts for de
cision, and I, therefore, express
no opinion upon their right or
power to go behind the ratifica
tion of an act ot the Liegisiature
and inquire whether or not the
requirements of the Constitution
were observed in its passage,
but confine myself to .the ques
tion asked as to the method of
procedure.
Yours respectrully.
F. I. Osborne.
Att'y-General."
AN UNANSWERABLE ARGUMKNT.
Boston Journal of Commerce,
The fact of the location by the
Massachusetts Cotton Mills of
Lowell, Mass., of a large mill
plant at Rome, Ga., carries con
clusive evidence of the advant
ages the South offers for cotton
manufacturing.
It will outweigh many times
over the lengthy report oi a
legislative junketing committee,
composed of men entirely ignor
ant of manufacturing, and whose
principal business consisted in
being entertained at clubs.
The managers of the Massa
chusetts Mills are men who have
spent their entire life in manu
facturing, and would not spend a
half amillion dollars in building
a mill at the South unless there
was an undisputed chance to
make it a paying investment.
HARDWARE
o
SPECIAL
Attention Is Galled to
a sweeping reduction in prices of guns
to close out stock. It will pay you to
call and examine same.
Double Breech Loading Guns $9. 11.50,
15 and 18, previous prices $12.50,
15, 18 and 22.
Single Breech Loading Guns $7, previ
ous price $10.
Muzzle Loading Guns $8 and 9.50, pre
vious price $10 and 12.50.
SUMMER OIL STOVES,
with baking- ovens and ca&t iron exten
sion tops. See display in my front
windows. Just received a new stock of
those celebrated Kelly Axes, made by
the latest improved process, tempered
and forg-ed by natural gas, the best axe
on the continent. Complete line of
Farm Supplies,
Hardware, Stoves, Tinware, House
Furnishing- Goods, Sash, Doors, Blinds,
Paints, etc., at bottom prices. I am
offering- for the next thirty days to cash
buyers who purchase $25 worth of goods
at one time, a handsomo nickel stem
winding and setting watch free of
charge. Your patronage is respect
fully solicited.
w.fi.fiuaains
Next to Bank of Wayne.
M. E. Robinson & Bro
TIED UP IX HIS BUSINESS. (1352A
Whether tied to business or society
you need a tonic with Spring.
Spring- is thu time n put -i ! ittlo spring
into your limbs, to give elasticity to
your life, and gain new energy. To ac
complish these desirable objects, noth
ing surpasses Robinson's Sarsaparilla.
Try a bottle and you'll feel like a new
creature. Price 7.3 cents.
Medicines for all the sick. Toilet
Requisites of Sterling quality, at the
people's popular prices.
M.E- Robinson & Bro
West Centre St.
GOLDSBORO, N C
B. M, PRIVETT,
Grain, Provisions, Lime. &c
GOL.DSL10UO. K. C.
p
ti
at mmmm a vm
to
K
EWlbut bh nmt and Bhaaohaada bttlad ro,
A
PULL "LARRY'
YOU'VE GOT A BITE!
Fishing Tackle
AND SPORTING GOODS. '
Now is the tirre to fish and if vou
want anything to fish with come to see
me. I have just received a big lot of
ines, &c.
C.F, Griffin,
Cor. Hotel Kennon.
WHY do people complain of hard
times, when any woman or man can
make from $5 to $10 a day easily. All
have heard of the wonderful success of
the Climax Dish Washer; yefmany are
apt, to think they can't make money
selling it; but anyone can make money,
because every family -wants one. One
agent has made $478,36 in the last three
months, after payjpg all expenses and
attending to regular business besides.
You don't have to canvass; as soon as
people know you have it for sale they
send for a Dish Washer. Address the
Climax Mfg. Co., 45 Starr Ave., Colum
bus, Ohio, tor particulars. t
mar23-d eod 6m.
I
S J ' AHJLAMl"Hm5 W