Newspapers / Goldsboro Weekly Argus (Goldsboro, … / Dec. 12, 1907, edition 1 / Page 1
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, . ... State U)rn CM riA VW, "This Argus o'er the people's right3 C No soothingstrains of Maia's son " (!- (C o Vnov Jpl.UU a IGai. Doth an eternal vigil keep ; Shall lull itshundred eyes to sleep." ' P-LvJV d JL tJdl VOL.. XXIlT . - ' aOLDSBOKO, IN". C, THURSDAY, DECEMBER 12, 1907. 3STO. 25 THAT 30.000 FINE. A Diqest of the Supreme Court's Opinion. Judge Ercvvn in His Concurring Opin ion With the Majority of the Court Takes Issue With Chief Justice Clark's Dissenting Opinion as to Calling the Legislature In Extra Session. As published in our telegraphic re ports yesterday alternoon, the Supreme Court has reversed Judge Long, of the Superior Court, in the matter of a 30, OOO fine imposed on the Southern Kail way Company for selling passenger tickets at a rate in excess of 2 1-4 cents, the State rate. At the same time the opinion affirms the act of the court and the constitutionality of the legislative act in prescribing punishment qf agents and officials of the road tor selling tick ets at an excess rate, the bringing of penalty suits for $500 each by individ uals against the corporation for violat ing the law, and holds that the Federal Court has no authority to issue an in junction against bringing suits, crimi nal or civil, against the railroad, as it would, in thus enjoyning a criminal action, be bringing a suit against the State, which is forbidden by the United States law, as the act of the Legislature was selfoperating as to passenger fares and required no action on the part ot the State officials. The opinion is that of four justices of the Sunreme Court and is dissented from bv Chief Justice Clark, who holds that it an agent can be fined or impris oned the railroad can also be fined as a punishment tor its acts in causing an agent to sell tickets at illegal rates. In his dissenting opinion he intimates that the Legislature should be called to gether in special session so as to make the act so explicit that the railroads can be punished by fines. Associate Justice Brown in a con curring opinion with the court says that there is no need of an extra session of the Legislature: that if the act as it stands is enforced the railroads could not stand a week's violation of it. The opinion sets out the following lour points: First That . : there was no error in JTudtre Long compelling a trial on the case. Second That the Federal Court in duction was no detense to a criminal action, no power lying in the Federal Court to enjoin a criminaliprosecution Third That the rate law was self- executing in effect, and that no suit against the State will hold in defiance of the eleventh amendment to the Con stitution. Fourth that where a civil penalty is prescribed against) a corporation, lol lowed by the creation of a criminal of- lense against the agents of the corpora tion, the civil penalty first prescribed relieves the corporation of punishment by indictment under the crminal of fense creatediagainst the agent. The court holds that the defendant received aniabsolutely fair trial before Judge Long,K but that there was no criminal offensei charged in the bill o indictment 'against the Southern Rail way Company, the offense of selling tickets over the 2 l-4c. rate being charged against: Ticket Agent Green who was punished by fine. The act of the Legislature prohibits a charge above 21-4c. per mile and then provides, seetionfour, that any railroadJ company violating the provisions of the act shall 1 be liable to a penalty of $500 and the agent is guilty of a misde meanor. Thetdoctrine is that where an offense is created by statute and the same statuteprescribes the penalty, or the mode of procedure, only that indi cated by statuteshall be followed. But whereithe offenseis at common law, statutoryiiprovisions not directly repugnant to the common law are cum ulative and either law may be followed. Where an offenseis prohibited, but is silent as to anyjpenalty, an indictment will lie, but whereian offense is prohib ited and a penalty is imposed, no in dictment; will lie, and hence the judg ment of the lower court is reversed. NORFOLK AND SOUTHERN. Light Is Breaking, and it Is Sincerely Roped the Highest Anticipations v of the Management ot the Norfolk and Southern Will be Fully Realized. Special Sale of Statuary for next 15 days. A large assortment to select Jrom at one third off regular prices. Every piece marked in plain figures. This is a chance to secure a bargain ini this clars of goods, f&gr Er . Andrews & Wad dell Furniture Co. ManZan Pile Remedy HELIFVE8 WHEN OTHERS FA1U f The Providence (K. I.) Journal con tains the report of the temporary re ceivers ot the Union Trust Company. The report declares against a perma nent receiver for the properties in vol V- j ed, and expresses the belief turit if the company can resume with depositors trustlul of the outcome tb(? capital would be unimpaired, and that with a discontinuance of the financial depress ion the patrons should realize at least 80 per cent on claims. 'The report also shows the connection of the Union Trust Company with the Norfolk and Southern Railway, from which the fol lowing extract is made, find is of pe culiar interest to Newbern and Eastern North Carolina people The largest item in any schedule is the Norfolk and Southern Railway Company carried' at $2,011,000. The condition of thies' investment has called for the careful consideration and per haps radical action of the receivers, and parties in interest have the right to the fullest possible disclosure with refer ence to it. It is an underwriting, so called. In March, 1906, an organiza tion was formed to acquire the stock and securities of four railroads and three lumber companies located in "Vir ginia and North Carolina. It was est! mated that $16,000,000 was required for the purpose and lor the develop ment of the properties. That amount was subscribed by some 200 underwrit ers, some of whom paid their subscrip tions in full and some in installments, the syndicate managers raising the un paid balance Hoy a loan. The Union Trust Company .paid in $1,000,000 and the Manufacturers' Trust CompanyV$l, 000,000. giving the Union Trust Com- pany, after the merging of the two cor porations $2,000,000, and making it the largest single underwriter. For this payment it became entitled to receive $1, 750,000 in bonds ot the new railroads, $60,000 in preferred stock, and $1,000, 000 in common stock, in all $3,350,000 ot securities, which are now in the hands of the receivers. It is an unde sirable investment for a trust company. The properties were acquired and the work of extension has been going on The properties are undoubtedly valu able, the roads are in operation, they are said to be earning their fixed charges, and some of them earning more, and the extensive timber lands are among the best and the most available in the country. The cost of the improve ment, however, was underestimated the money is exhausted, the work of extension has been stopped, and the properties were threatened by the de m and s of unpaid creditors. Almost the first document which was brought to the attention of the receivers upon their appointment was an urgent ap peal trom the syndicate managers that the underwriters subscribe in propor tion to their holdings to at least $1, 000,000 of three-year collateral trust notes to be secured by underlping se curiiies of the chief railroads in the system, and equipment mortgage bonds, as the only means of averting certain loss, a possible sacrifice of all they had invested, and a threatened receivership. The amount demanded from the Union Trust Company was $125,000. The receivers went to New York conferred with the other parties chief ly interested, and satisfied themselves as far as was possible without actual ly seeing the properties of the inher ent value of the enterprise, ot the absolute necessity of raising further money, and of the impossibility of do ing this by the sale of notes in the market under present conditions, and market under present conditions, and further, that the notes to be purchased by the underwriters were well secur ed. Upon their return they put the matter before the court and obtained authority to invest $125,000 of the funds in their possession in the pur chase ot such collateral trust notes at 90 per cent of their face value, upon receiving assurance that the first mil lion dollars to be received from the sale of such notes should be used tor the relief of the railroad company from its pressing necessities. The purchase of notes to the amount of $138,888 has been made upon these terms, and some $700,000 has already been assured to the company with the promise of the full amount required. The present dan ger of the entire loss or great deprecia tion of the $2,000,000 investment has been averted and the future of the enterprise will depend upon the effici ency of the management and the gen eral condition of business as affecting the money market. The receivers, while loth to take this money from the depositors, believe that under the circumstances it was not only justifi able, but absolutely necessary, and that . itiJJUave been criminal to have let the property be sacrificed by a refusal to cooperate." The forgoing indicates that light is breaking, and it is sincerely hoped the highest anticipations of the manage ment of the Norfolk and Southern will be fully realized. ON RIVERS AND HARBORS. THE PRESIDENT'S MESSAGE. It Is an Able Document, Compre hensive in its Discussion of Public Affairs and Con cise in Expression of Policies Advocated. The Present Convention Will Neither Advocate Nor Consider Any Spe cial Projects for River and Harbor Improve-, ment. (Special to The Argus.) Washington, Dec. 4. With an at-! tendance that includes the governors of several States, the mayors of a num ber of cities and representatives ot trade and business organizations in every section of the country, the Na tional Rivers and Harbors Congress as sembled in this city today and will re main in session until Saturday. The congress, owing to its representative character and the prominence and in fluence of the participants, promises to to give a fresh impetus to the popular demand tor inland waterway and har bor improvements. Joseph E. Rans- dell, of Louisiana, is president and J. F. Ellison, of Cincinnati, is secretary of the congress. The present convention will neither advocate nor consider any special pro jects xor river and harbor improve ment. It will stand for a broad and liberal policy by the national govern- ment for all such improvements as have been favorably passed upon by the Board of the United States Engineers and by them recommended to the Con gress of the United States. The con vention will demand that a more lib eral proportion of the revenues derived from commerce by the government shall be expended on improving the natural waterways. Heretofore that proportion has been 3 per cent. By declining to consider any im provements that have not gone through the regular channels ot the War De partment and Congress, the conven tion proposes te avoid difficulties that would otherwise arise. The rivers and harbors have many strong advocates In Congress, including the Speaker of the House, and President Roosevelt has declared his intention to do all he can to advance improvements of water ways. Women as Well as plen Are Made Miserableiy Kidney Trouble. , I that it i3 nqt un M rJf for a child ' to frj lVXW afflicted with v Kidney trouble preys upon the mind, iis :ourages and lessens ambition; beauty, vigor ana cheerralness soct; disappear when the kid- rftmW&: Kidnej troi-bte har be borrj weak kid- ? nevs. It the i:hiH iirin . . . ates too often, it tn ?ne scalds tbs fiesh or if, when the chii, Seiches an age when it should be able to -. -ntroi the passage, it is yet afflicted with lied-wetthig. depend upon it. the- cana of "he difficulty is kidney trouble, and the ; -rst eo should be iowards the treatmer of i;3s important organs. This unplea an? foub.'f is due to a diseased condition of the kidneys and biadder and not to a habit a? aost pec pie suppose. Women as well as men are made mis erable with kidney and bladder trouble, .Tid both need the same great remedy. The mild and ihe immediate effect c iiwampRoot is soon realized. It is sole r-.y druggists, in fifty- cent and one dollar $ip5 ggSDpsajSffi': tzes. You may have a ilSfHTOW sample bottle by mail . se. aiso pampnjet tell- Home of swamp-Root, ng all about it, including many of the .housands of testimonial letters received from suffe'rers curei. In writing Dr. Kilmer 8c Co., Binghamton, N. Y., be sure and mention this paper. ' . Don't make any mistake, but r&rnemoe 2ie name, Swamp-Root, Dr. Kilmer 's Swamp-Root, avid the address, Binghamtii NL Y. on e"ei- botti A few more of those large size Tape stry Brussel squares at $13.50. Other grades up to $50.00. Don't fail to see these if you want a large rug. Andrews & Waddell Furniture Co. (By Special Wire to the Argus.) The message of President Roosevelt w as read in both houses of Congress yesterday, and it is an able document, comprehensive in its discussion of pub lic affairs and concise in expression of policies advocated. In some views it is radical in the extreme and in this re gard will hardly meet either the cor dial support or ephemeral endorse ment of his party's leaders, either in political office or trust combines. The message advocates more power For thefederal government, which, of course, will be pleasing to his party in general that stands for centralization of power. In begining the document, the Presi dent refers to the money situation No nation has greater resourses, great er energy ana industrial intelligence than ours," he says. On the subject of interstate com merce, the President says that there must be no halt in the healthy con structive course of action which this nation has pursued for six yearSj As to the railroads, the President thinks there should be a national incorpora tion act or law licensing railroad com panics te engage in interstate com merce upon certain conditions. There should be additional legisla tion looking to the control of great business concerns engaged in inter state business. The anti-trust law should not be repealed, but should be m ade more efficient and more in har mony with conditions. The message favors broadening the powers of the Congress, giving it su pervision over big business corpora tions, pointing out that in the decent cricis the institutions that failed were those which were not under national supervision. The president says there must be the elosest co-operation between the State and National Governments in enforcing the pure food laws. Great er elasticity of currency, and the im mediate enactment of currency legis lation is touched upon, and action urg ed thereon. Kegaramg the tarin, the message says that this cannot be revised now When our tax laws are revised the question of an income tax and an in heritance tax should receive caretul consideration by our legislators. The tax should be heavier upon those resi dents without the country than within it. In connection with the enforcemen of the laws, the President says the course of the Department of Justice has been such that no man now stands above the law. The question of injunctions, he says is becoming one of prime importance and unless the courts will deal with it in an effective manner it is certain to nemand some form of legislative action. THE LATEST FADS ANDJASHIONS. (Special to the Argxjs) Anovelty veil of pale blue chiffon was bordered with pale varigated flowers above the hem of solid black. A pretty ruff for the neck was of dark blue maline plaited, and in the center of the pleats were tiny white spots. "Very pretty dancing frocks are made of white silk dotted net over pale tint ed silk trimmed with wide lace form ed into a fichu. . SHOT WIFE DEAD. Cotton in Farmers' Hands. Last week spot prices in New Or leans were advanced to 11 5-8 cents compared with 10 7-8 a week before. A gain of 22 points was also established in Liverpool. These advances of nearly a cent a pound have added $17,500,000 to the value of cotton still in farmers' hands. L At the end of November 4,619,827 bales of this year's crop had been brought into sight.leaving about 7,500, 000 bales still in farmers' hands. Up to December 1st the foreign tak ings aggregated 2.381, 60S bales, and the foreign mills will need about 6,000,000 more bales. Thus far this season the home mills have taken but 531,918 bales, and they will need 3,500,000 more bales. To sum up: the spinners at home and abroad will need about 9,500,000 bales, and the farmers hold but 7,500,000 bales. .These are round approximate figures, but they are figures that point to well-sustained prices to say, the least. The farmers are now getting about 11:75, and there is no evidence in sight to show that they will get less. Subscribe for the Argus. Lace blouses are the present fashion, some of coarse mesh, others of fine, and the trimmings are of "Valenciennes or ruffles of Cluny lace. The empire effect is brought out in many evening gowns by the slightly raised lin9 in the back. Empire gird les are very much in vogue. -The diamond horseshoe brooch is very popular to fasten the jabot or to pin the collar in place. Some of these are two or more inches high. The deep facings on the bottom of skirts have been in matching colors with the skirt, but now a white skirt may have a hem of Nattier blue. Mew French veils in plain or dotted net show wide borders or silk embroid ery. A veil of dotted net had a band ot C h ant illy lace and a flounce at the edge. Lio ng separate l coats of black broad cloth are artistically trimmed with fine braiding. Some have the collar and cuffs of fur while others are of black velvet. New York, Dec. 7 A very novel dress trimming is made of round discs of velvet buttonholed on the material and connected by three rows of nar row velvet ribbon. Marabout sets consisting of muff and neck-piece are much worn. They come in black, white and many shades of brown. Wide feather boas with shaded tips are lovely. A lucky brooch is a four-leaved clo ver of green enamel, with a horseshoe of gold set in the center.and inside the horseshoe is the popular swastika de sign set in tiny pearls. Coral is very fashionable. A new necklace was seen of alternate gold and coral beads, and there are many of plain ooral. Gold pendants shown in dainty designs are set with coral. Tailored shirt waists of madras in white or eolors are to be worn this win ter with tailored street suits. The cuffs on these waists are usually plain, made to fasten together with link buttons. Gloves for evening wear are hand embroidered and inset with dyed laces. The embroidery is done in fine beads of some pale shade. Turquise and pink are especially lovely on white gloves. New 'hair ornaments are made of dull gold in the shape ot lilies and roses. Also dotted tulle bound with velvet and wired into different shapes, or bows of gause bound with white satin. 4 An afternoon, gown of smoke gray marquisetts was trimmed with heavy lace dyed to match, and the yoke and sleeves of white silk and chiffon were embroidered with gold and silver thread. Stripes and checks are still in'ieh in evidence, but the self-colored materials are in the front because they may be decorated with embroidery and braid ing, and this is a very important fea ture of the season. Tobaz-colored French broadcloth makes a charming evening cloak, and the lining should be a yellow flowered chine silk. Passementerie ornaments in self-color and golden brown velvet are correct for trimmings. , The correct footgear for winter street wear is the high button tan boot. Gray or green, boots to match the suit are ve ry smart for afternoon street wear, or boots with colored tops that match either the gown or hat. Guimpes of silver and gold cloth are lovely. A little necker can be worn over any fancy jumper or blouse and gives a dressy air to a gown. A large silver ornament should be worn at the throat with a guimpe of silver cloth. Sets of jewelry are shown with the stones matching and consists of a neck lace, earrings, bracelet, ring, barette for the hair, and a belt buckle set with one immense stone. Topaz and Chin ese jade are the most popular stones used in these sets. Tragedy in Crowded Railway - Train To-day. amous Trapper After Making Sen sational Statement Shoots Him self as a Fit Finale. (By Special Wire to the Ahgus.) Norfolk, Nebraska, Dec. 6. In a railway coach filled with passengers today V. B. Nethaway, a noted trap shooter, shot and instantly killed his wife and then sprang from the train. After 'phoning to his mother he said the only regret he had was that he had not killed Senator Allen, former United States Senator of Nebraska. After making this statement he shot himself dead. ELECTION OF OFFICERS. The Woodmen of The World Elect Officers For the Coming Year. At the regular meeting of Magnolia Camp, No. 100, W. O. W., last night, the following officers for the coming' year were elected: Consul Commander J. D. Whitley. Adviser Lieutenant J. W. Sadler. Clerk W. M. Smith. Assistant Clerk Seth Horton.. Banker B. W. Dail. Escort KJ. Spiers. Watchman I lab Pate. Sentry Jas. Howell. Manager for Three Years Geo. E.. Hood. This Camp of the Woodmen of the World is in a most flourishing condi tion, and new members -are being ad mitted at almost every meeting. Its officers are men of sterling integrity, and therefore the continued success of the Order is an assured fact. After January 1st, the Order will, meet in the Jr. O. U. A. M. hall, in stead of over the Palace Drug Store. HEMORRHOIDS SOR E SAND ECZEMA Accompanied by Terrible Itching A Complicated and Most Distress ing Case Well-known Remedies Failed to Cure Doctor Thought an Operation Necessary Then CUTICURA PROVED ITS WONDERFUL EFFICACY "I am now eighty years old and one morning, three years ago, I was taken, with a hard pain in my right side. In two days I had an attack of piles, (hemorrhoids), bleeding and protruding. The doctor gave me some medicine and an ointment for them which helped me some but I had to keep using them all. the time. Then I changed to the P remedy; but if I did not use it every day, I would get worse. The doctor said the only help for me was to go to a hospital and be operated on. At this time, about a year ago, I went to using the' S remedies. I tried them for four or five months but did not get much help for my piles. During this time sores would come on. a fleshy part of my body. They bothered me all the time. I would get one healed and another would come. These sores changed to eczema, aecompanied by a terrible itching. It seemed as if I could not keep my hands from tearing my flesh. This and the pile trouble brought on an inflamed condition. Then I got the Cuticura Remedies. I washed the affected parts with Cuticura, Soap and warm water in the morning, at noon, and at night, then used Cuti cura Ointment on the irritated sur faces and injected a quantity of Cuti cura Ointment with a Cuticura Sun pository Syringe. . I also took Cuti cura Resolvent Pills three times a day. It took a month of this treatment to get me in a fairly healthy state and then I treated myself once a day for three months and, after that, once or twice a week. It is fortunate that I used Cuti cura. The treatments I had tried took a lot of money that I would have saved by using Cuticura Remedies sooner, but I am wiser now. I am supplied with a full set of the Cuticura Remedies and would not feel safe without them. J. H. Henderson, Hopkinton, St. Law rence Co., N. Y Apr. 26, 1907." Complete External and Internal Treatment for Every Humor o Infants, Children, and Adults con sists of Cuticura Soap (25c.) to Cleanse the Skin. Cuticura Ointment 50c.) to Heal the Skin, and Cuticura Resolvent(50c.),or in the form ot Chocolate Coated Pills 25c. ner vial ot 60) to Purify the Blood: also the Cuticura Suppository Syringe (35c). Sold throughout the world. Potter Drug & Chem. Corp., Sole Props., Boston, Mass. ca"Mailed Free. Cuticura Book on Skin D'afiawa. NOTICE. Having qualified as Administrator, cutk. esta mento annexo of B. F. Arrington, deceased, late of Wayne county. North Carolina, this is . to notify all persons holding claims against the estate of deceased to exhibit them to the undersigned on or before the second day of November 1908, or this notice will pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment- This 1st day of November, 1907. . j E. B. DEWEY, Administrator cum testamento annexo.
Goldsboro Weekly Argus (Goldsboro, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 12, 1907, edition 1
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