North Carolina Newspapers

' . ' ;:? :-y-r ; . i . : r'- - I ' -V .i ' " ': t 1: , :" , ' -, ' - ': j ' - --' . - - .it : . i , . . e 1 ' ; r ii ' " S- - VOL. XXVI. RALEIGH, N. C. TUESDAY MOltNItfG. JANUARY 5. 188G. - J I . . 1 I - -. '.' -ff : Oh Absolutely Putc. This powder never J varies. A marvel jot pror, strength and wboteeomeiMes. Mora eeanomleeJ (baa ordinary kind and cannot b old la eompetiUoa with the multitude of low est, abort weight, alum orpnoephAte powden. 8old only la emu. Royal Bxxisq Fowdi ( Oou. lOtWaU 8tme Kw York. 8old b;WOl B Stronaeh, George !T 8tronacb and i B FerraU Co. i j A Happy New, Yekr to everylo4j U 'Hh: -i fv. ihf neetbe we '8'end 'to all from j the ii " i i, . ; R-lOKET STORE. J! e are going to jio all ire caxi to ' . - i ti, t i i i make everybody happy, and if you jrill do.'wnat we intend to do and what we t . . v;;4,, t.- : tu yoa to do yon will master the mut- ' titndo of life's ilia : i Keep oat of debt. ' Till your crops frith a hoe audi be ih owner of eTery hill of porn or cotton - k- ' , . - f ; '.. : j or tobaoeo you gro unless you have the means of your oirn to do otherwise, Did you know the' eredit irystem took half your labor 'and 'madeJ you .jour double for all you' gott Keep outj of . , 't.s z :t 7, . -ii VV Vi-- I - ; :r--; C r iftll or cotton, ; for it takes jusLthit mucA of your labor to enjoy the greatest bless ing there is in the credit system,' for if a credit crop mils you: are sold out andiau yo hare must go trhile you sad your family are left am mm , eu, tne credit system is a oaa sys- Wt " " " We. W - ' 1 ." tern anyway, and .tl , man Vwho sells merchandise that way is simply an ob- ject of pity, as a rule; because the num- .r. : s. -v ..---v".. -ti" -, !.' per who cannot pay and those who will . not pay force Aim to charge such prices - to those who do pay that he'ia actually asnamed or himself The credit' system don't ' bring irery . much happiness to anybody.Mt ,-isi all - "hope ;uferret.i The r BACKET , 18TURE oomes to you with the new and better way; with . sv Uvet loash I business based on quick sales and amail profits, Six fnuAthji of JUcket iWehas 4biie t anuchjto;- develop the advantages we are . able to give you. Six months has jde . weloped the - fact that Racket values kiare mastered the field and placed it. in the lead of the jtrade an Raleigh.' Six months his decided Aat it pays to have - our buyers always In the market, gith ,eringNbargains from the slaughter-pens of credit, and six. months' has decided that' pur efforts to; supply the people With the neatest value for the least money has' met their aDnroval and tells us injhsnder tones the determination of MCKET i STORE. U, the masse to free themselves firom the bondage of the credit system and that henoelorth they will use the ready dol lar instead of paying double for their merchandise. Beeswax. ! ASBUYKBSOr BKW JJC WS WILL, ntu furtner aoties pay 13e peril tree oa Ward steamer or railroad. . ,1 - W.IL BOWDLEAB OoL 4leodsaa i Boston. Maes. IT a UAJL S I i HUSH OBSBKV AT1UNS. ' Congress reassembles today. The French may not always have meat for dinner, bat they still have Grevy for President. ; j New Year's Day. four years hence will begin the year 1889 with a total eclipse1 of the sun. ' If it is right to divide Dakota it would be perfectly! proper to divide Texas. The Kepublicans had better not make a precedent. '. The discovery! of another new comet shows that the Democratic party is administering affairs in the interest of both science and economy. . -f The oldTory London Standard sighs to think thai , peerages, baronetcies and other titles are becoming as cheap i.. JCngland as in France and Germany. "I WCbief ' Justice Charles: P. Daly, of thtf Xorkaommon . pleas court, is "Out to-jretirw-froiBFrtke' beneh after a oodtiued uffa-ptijfci&Satadf forty-two yours. ; ! S China proposes ;to adopt Western civilization to the extent of incurring a debt of $175,000,000, borrowed from European capitalists,! to build rail way a and increase her armament. It may interest word-finders to kuow that in the "revised edition'! of Webster the names' "Boycott" and "Dude? are to be found. Let us there fore boyoott the dude. : The manner in Which steel is super seding the use of iron in various direc tion is farther illustrated by the use, at present of hardened and tempered steel wire upon cards for cotton and wool. Among the many articles United States Senators had charged to the gov ernmenc last year were1 a number of corkscrews. Now, what under the blue dome of heaven could a United! States Senator want with a corkscrew ?! It U discovered that in a! single provinee in Russia more than 3,000 per- sons are employed in; the manufacture of accordions. Yet people pretend to wonder that rebellious Russians are al ways redy4o assassinate somebody. : A. Vermont man has sold his wife for six dollars. The weakness jof the market quotations in this line of trade is oooanted for by the great . numerical reponaerance of ' women m the Hew mgland States, the supply larsuly ex- ceeding; tiedemand. ; ' j Teaterrimy's t)tta Market ttl Toriu KwiYork; ? January 4ThePost says: Cotton opened for future ideliv- ery firmi at aix points advance. At the OpflningjcalT January ideliTeries: sold at 9.271 -February 9.36a0.S5a9.36a9.35, Mareh 9J45a9 4(J, AprU,9.57,May 9.67a y .ooy J hit y.cy, August .Wa9.98. Uo- "ber,9Tlie; iajes were 10.2OQ bales. W faa and prices wet' further advanced to 4 points, -, but at-Uoon about one half of this last improvement naa Dee&viost. jfincour rgiiij Livejfr pool advices caused fulurcs to advance here lthil 1-100, bat as this brought in iriany sellers, 5-100; off the attv ce was lost again. At the third call4JJ Janu ary brought 9.25, 300 Mareh 9.40, 400 April 9.67, 100- Septeu.btfr MVl Vk de the j existing- cirdumstanci s solid improvement at Manchester is hardly to be expected; bn the 'other! hand even the'advaneed price, 5d. for middling up lands, is still, below the Southern mar kets and as to the New York quoUtions they are 'much too high for export, with an accumulated New York stock of 226.- 000 bsies:r Futures closed steady,' 7 to f-iw mgner , tnan last xnursday. I '- '' ''-AeWr KHM ranuynrf. 1 Kahsas CrrT, Mo., Jan,. 4. Thomas yy. Jkeene, the aetor, was stricken with paralysis at a reception, tendered him hurt night. by; a local Qdge of the order Of Klks And is now : attended by able physicians and host f friends. He Is not sufferinz anv bain and insists that he will k aDoear TnekdaT niht : His fight arm and shoulder, are paralyzed and bis face is drawn to the ! right, fie Can speak only in whispers. It is prob- abie tnai be will recover from this at. tack, but it is certain that he will not be Sble to resume the duties of his profes sion a ne expects. , Mr.SeIae m f lMSe the Cll eTie. . Wabhwgtoh, , J.H 4. Represents tive Belmont, of- New York, has pre pared a resolution, which he will offer in the House of Representatives upon thel first I opportunity ! for the appoint- inent of a committee of nine members to inquire into the manner in which the civil service law has been executed and to suggest such modifications and im brovements therein as may prove benefi- piu w me Ber vice. ; j Tbe Atiaata Lie. tier C Atlanta, Jan. 4. Today f Judge Clark in' the superior court dismissed the petition of the liquor men for a man damns compelling the ordinary to hear the contest over the prohibition election The case will now go to tbe supreme court. CM(y emntUiaoiiere. j sThi' bvard met yesterday anil trans acted considerable business, much of it relative to roads. A number of accounts .'w.er-d" audited. John R. Upchurch 'was appointed constable for Raleigh township, vice Thomas Manly. , The lat ter, who has for years been a constable, is in declining health, . The board will again meet today and adjourns tomor row.. 1 i j lii ' I ei Edaeatfee) fWr UtrU. i la no iaktitutiouof IcwninK in tbe country Is a moie cuiuplete education givta than in tbe ceiebrM&ed Notre Dtnw, rear UuliUuore, Alary , Und. Tbe sUters in charge ear tbt j find tbat 'Red StarCouKb Cure euoowwlully reiuovea all !owo and tbivwt iroubKt among inetr pupils. .' is absolutely free from peison Sad costs '.-.J hut Btv.llra mmntm : BOY BURGLARS APTLY ILLUaTttATE THE SWAY THE DIME SOVKU UP Thejr Plunder m lien ami Eeeape fcaewa. Ci CiNCiBNATi, O., Jan. 4. A daring and unique robbery took place on the Ifarrison road just outside the city limits at an early hour Sunday morning, the burglars being mere boys, who wore masks and conducted themselves in reg ular dime novel style. Iheodore Wolfe lives in a small house a little apart from his neighbors. His wife, who was alone in the housej was abed and asleep. She was awakened by a knock at the front door, accompanied by the summons, Open this door, or we'll break it down. W are robbers." While the woman almost fainted wiih fear, the threat Was rtecTrttaianHw tasked marauders stood before ber. Where's your money and your silverware?" demanded one of the robbers. The woman detected the voice of a boy attempting to speak ike a man. She refused to give up her valuables and one of the ruffians threw ber upon tbe floor, xbe otber went through the house, scattering every thing right and left and pocketing what ever struck his fancy. When the house had been thoroughly rifled the two youthful robbers made good their escape and have not yet been arrested. Ibeir identity is unknown to Mrs. Wolfe. When Wolfe i returned, scarcely a half hour after the robbery had been com mitted, he found his wife nearly over come with fear, and she has been dan gerously ill ever since. m m A VEBY IJtPORTAIft DECISION Filed by turn VHlted State Stapreaee f-" Cevrt. Washinoto, D. C, January 4s A decision was rendered by the supreme court today in the case of John M. Stone and others, composing the railroad com mission of the State of Miss., against the Farmers' loan and trust company; ppeal from the circuit court of the district of Mississippi, This is one of the Mississippi railroad commission cases, it was brought by the Farmers oan and trust company of New York, to enjoin the railway commission of Missis sippi from enforcing against tbe Mobile & Ohio the provisions of a statute of Mississippi passed in 1884, to provide fori the regulation of freight and passen ger rates on the railroads in - the State d for other purposes. The statute declares . that the railroads in the State are public highways, over which all persons nave equal rights and makes any discrimination in rates, a penal of- iewevvIt fartjhw-provids pointmcnt of board of commissioners nd confers upon it . the power of re vising the tariff of charges 'and of ex ercising a certain degree of supervision ovfr the roads. , : Companies are requir ed to make- - certain ' reports per iodically to the i commissioners. he officers of tbe roads are made liable to a fine for violation of or non-compli- I e.a . a a-' e ' anee witn ' tne provisions of the act. which, fine may be collected through the courts. This and certain other acts re sting to the chartering and control of the railroads of the State are cited at eneth in the opinion. The circuit court rendered a decree allowing an in junction and from - that decree the com missioners appealed. The argument in support of the decree is that the statute under which j the commissioners are to act impairs the obligation of the char ter contract of the company; that it is regulation r of, commerce : among ; the Sutes; - that it denies, the' company the equal protection of the laws and de prives it of Its property without due process oi r law; mat n comers DOtn legislative : ana jnaiciai powers upon the commission and is thus repug nant to the constitution of Mississippi, and that'it is void on its face by reason of its inconsistencies and uncertainties. The supreme 'court finds that the charter of the company contains no contract ob ligations which are in any way impaired by the statute under which the commis- sioners are to act. . it nnas mat tne commission is in express terms prohibi i ,i ..i ted by the act of the state legislature from interfering with charges of the com- pany for the transpoetation ef persons or property through Mississippi from one .State to anotner. - xne commis sioners have as yet undertaken nothing in conflict with; the constitution of the United States. The great purpose, it says, of the statute in question is to fix tho maxunun of charges and to regulate in some matters of a police nature the use of the railroads in tho State. In its general scope! it is constitutional, and it. applies totally to all persons or corpor ations owning or operating railroads in the State. The Bunreme, court of the State of Mississippi has already declared that tho statute is not repugnant to the State constitution, and in this opinion the: supreme court of the United States concurs. "Itjia difficult to understand," the opinion says in conclusion, "pre cisely on what ground we are expected to decide this statute, so inconsistent and uncertain as to render it absolutely void on its face. . ... Argument ou this branch of the contro versy contains much that might ' have been useful if addressed to the legisla- u;i : vmi vr :. ture while considering the bill before ita final enactment, but we find nothing in it to show that thtr statute' is' it now stands is altogether . void and inopera- ti- WTheri the emnmiiuiinn has acted ,,wl nHMMiiiM mm 1.1 Tfnma hat r" " j b " luey nave uuuc, queawuue may mm to the validity of some of the various provisions which will be worthy of con sideration, but we are as a whole the statute unable to say that is invalid." ceacimEtMioir al wobk. What tke twe Heejeee have Before Tfeem. Wabhinqtok, U. C, Jan. 4. The most interesting and important feature of the present week in the House will be, of course, the announcement of the memberships of the various committees, which will formulate the; work to be done bv the 49th Congress. Through- J O jt out the holiday recess speaker CarliSHU has been busily engaged . in forming committees and today he occupied one of the rooms at the capitol and, defy ing himself to all callers, devoted him self to the completion of bis task. Un less something unforeseen; should hap pen, the result of his labors will be an nounced to the House tomorrow, imme diately after the reading of the journal. Then, in obedience to the order of the House, the call of States for the intro duction of bills and resolutions will be resumed at the point where it was inter rupted by the adjournment! for the holi days. The call will probably not be completed until late WedriCb lay r.ftSr noon. The 1,004 bills introduced the day before the recess werje introduced by eighty-nine members, an average of over eleven bills to each Representative Should this average be kept up, nearly 3,000 additional measures will be referred Tuesday - and Wednes day to the newly ppointel committees. Mr- Hoar's presidential succession bill remains upon the speaker's table, and, though an attempt may be made to pass it by unanimous . consent, it will almost certainly be referred to the com mittee having jurisdiction ve its subject-matter. Should this be fione, the House will find itself Thursday without any business before it, and an adjourn ment Until Monday will probably be taken to enable the committees to or ganize and to consider "and report the proposed legislation. A bill to fix the salaries of the judges of ithe District courts and a resolution of Inquiry with regard to the action of the authorities of Dakota are the unfinished business of the Senate. The committees of the body are expected to begin work in earnest during ' the week and it is ex pected that not much legislative work will be undertaken in Ithe Senate other than the consideration of the two measures named. . Probably a large part of the time of the Senate will be spent with closed doors in an endeavor to dis pose of the great number of accumulated nominations, i . f StierldM'a Re pert Washington, J an. 3. In! response to a request for additional information ex planatory of the recommendation of his last annual report in regard to -the 'In dian question, Lt. Gen. Sheridan has written a statement saying that tin that report he recommended that each Indian family be sriven f and located ufcoal the fcrheiytjI m ; case oi acraai sememen mat-me government then condemn the remain der ofeach reservation and; buy it in at $125 per acre and with the; proceeds Surchase government bonds, to be held 1 1 trust by the interior department, giving to the Indians each yel t the in terest on the bonds . for their (support. The general gives a summary showing the workings of the method pioposed in the; eases of the various reservations and tbe tribe ' located thereon, and con cludes as follows ; ; j "The Indian reservations oi the Uni ted: Sutes contain about 200,000 iquare miles; their population is about 250, 000; 2,600 square miles ;wo Id locate each . family upon half a e Uon and leaving j a surplus of aboaC 140.000 squ -re - miles, which accordiu g to the plan I have proposed, would prduoe an nually 4,480,000. This amount exceeds by about $660,000 the entire! sum ap propriated for the payment of their an unities and for their subsistence . and civilization. The policy advocated in my report would be most advantageously applied gradually, ; the general govern ment of : Indians being, continued aocofdbg to ; the methods inow in vogue or such improvement of them as time and experience may sug gest. . The ultimate development of the suggested policy would, aa the Indians aavanoe m civwxation ana lnwsnigeuoe, result 4n the return to them! of the enn- cipal derived from the sale of their binds which, until such measures were author ized by act of Congress, would be held as interest tor uieir peueut auu uie m oome applied to their support. A Sew AeeUtMt Teaeeurer far STew Terh Washington. Jan. 4. It is said at the treasury j department! hat " the President will probably nominate an as iuRtant treminrftr for. New York citv tn- morrow or nekt day, with a! view of having the new appointee,' ifl he shall have been confirmed bv the: Senate, as sume charge of the sub-treasury uxt Monday. The count of mones.ind 8e.; ...tx ' v:u k I k;- .d,;-'.;ir tut (tic a, nuwu. ucgou uiu iuviiuuj, niu , -Ka knntinnaA sithnnt fn trViiTktirtn nwtil 0000 BS .B completion, and it is hoped 4 ,i formal transfer of the office to Its wr . . , successor can be made during A WO i L4 V 6v ' Over lS,0O Mew Pehaetera, k WA8aiii0T0N, Jan. 4. Th number, of commissions issued to : fdurth-ciass postmasters since March j 4lh last :.. Ann. ! is.13,425. 1 ! t uay umi at ouoe Dr. Bull's ilehj Syrup. Price ' j ..ni. i M oenU. Tbe period of late suppe and induTeation drawetb nuru. Dr. Bull'i mora PiUs is a specific for indigestion. 1 ve aeea- a Dain-nacn and ktock-ralsers au buy Day's l Uor? rywdcr, betit In the market.! Try it. Oub Own Mixture , finest on the market; only ASWHSIHUU VVUVUf 20 em per pftnnd j YiUAA. IV SfaONACaV SEVERE STORMS GREATLY IXTF.ItKUPr TRAVEL THE FAR WEST. 1H The Bliasard it im Some of ite Work. Beet Chicago, 111., Jan. 4. A severe snow . and sleet storm which has been raging throughout the. North west since Saturday has seriously interfered with the telegraph wires in all directions. All lines west of here are dowu aud communication East is very uncertain. A dispatch from Sioux Ciiy, Iowa, last night reports a blizzard there It has been snowing and blowing steadily since Saturday and there is already snow to the depth of a foot on the ground and no signs of the storm abating. At Omaha heavy snow storms are reported.- A St. Paul dis patch reports similar storms throughout Minnesota and Dakota. The cold wave signal is flying from the signal sorvioe building here. lhe strike at Maxwell Bros.' box- faMoxy is spreading. This morning twenty-five men employed in the plan ing mill refused to go toi work. They have no special grievance and their action was based on sympathy with the striking nailers. Thirty-five non-union nailers went to work in the factory this morning. They were hot molested by the strikers. . - t A Railway War In Hlehlvaa). Howell, Mich., Jan. 4. There is liable, to be trouble here Over a railroad war between the Toledo, Ann Arbor & North Michigan and Detroit, Lansing & Northern railroads. There has been a dispute about the right of the former road to cross the latter's trr-ek in ex tending its line. The case was brought into curt and appealed. It is now pend ing on an appeal tu the. circuit court. YeBterday morning a force of 150 Tol edo, Ann Arbor & North Michigan employees .were,brought to the point of the projected crossing and began the ork of digging under the Lansing road. They made a cut. braced up the tracks of the Lansing road and constructed a line of the Toledo road under it. The workers were protected by an armed force, which left when the work was completed. This morning about 500 men were brought on the scene by the Lansing road people, for the purpose of filling up the cut. Tbe Toledo & Ann Arbor men, however, drove them away and then cut the telegraph wires of the Detroit, Lansing & Northern -and tore up the track for half a mile on each side of the cut. Traffic on the road is now interrupted. . HUeellaheoas Telegrams. Columbus, Jan. 3. The warehouse buroedHn Opelika,. Ala. i , jceserayJWJi the property of liudman Uros. & Co , and was occupied by G. P. Cole & Co. Between 1,500 and 2,000 bales of cot- con were destroyed. The loss is placed at $57,000, with. $51,000 insurance. Naw iobk, Jan. 4. lbe lmniap nat manufactorv. Nos. 70-78 Nostrand ave nue, Brooklyn, was burned this morn ing. The loss is estimated at $2bO,OuO; insurance $200,000. The fire was caused by the overturning of a can of "oil by a dog. Chattanooga, Jan. 4 S., Rosenthal, dealer in liquors, has assigned. His liabilities are about $15,000, due chiefly in New York and Cincinnati. ..His as sets are unknown. . ' Faboo, Dak., Jan.. 4. Hon. John B. Raymond, ex-delegate to Congress from this Territory, died yesterday, of ty phoid-pneumonia. Mr. Raymond set tled in the south after tbe war and pub lished the Mississippi . Pilot, Jackson, Miss., until 1877. Paris, Jan. 4. DeFreycinet has con cluded to form a new cabinet and is now I engaged in . the task of selecting the member s. Columbus, Ga., Jan. 4. The steamer W. D. Chipley, which was sunk in Chat tahoochee river Sunday night, bad on a large quantity of miscellaneous freight and 300 bales of cotton. Many passcn gers clung to the- cotton and to pieces of the wreck until picked up by the steamer Maid, Which . came along soon after the disaster. . ' : ' ! Heiaorlatn. Corp of the Nxws and Obsbbvbb. Died, ..in Durham, Sunday, Dec 27,jCharlesD, Snow, , aged thirty-five years. Seldom has an announcement brought greater sorrow to many hearts than the one written, above, for the sub ject of this notice was inexpressibly damr to a large circle of menas ana xinarea. Although. ayoung man.be was unusually successful in business, and in every re laQ ot, Il,f teemednd rsirt personal lation of life he was universally beloved, respected.! i Possessed of personal attractions, gentle and re- as a woman, warm-neartea ana j true as steel, ne nuea a piace peculiarly II lH IIWU, BIJU All UO0 UliVM WHU D VI I him that those who knew him best loved . , him best. Nor was this all. Mr. Snow's mind was of the highest order. He had studied much and read much, and surely no One was ever more delightfully con versant than ho on all literary subjects. His death was a great shock to all his friepds, but we feel sure that it is well with him- Quietly and sadly he is laid at rest, but his many virtues of head and heart live after him, , and though eonseWnt ' yield him -up, we feel assured tbat his full's BaltLijg ieed a blessed sleep, from which l rk6 Une ever wake to weep 1'V I i- norsXereTs Aeld Pheephate aa BisLa Dr. Newcombe, Greenfield, O., ar; In eur of Kenerml debility, and torpor of 25 ; mla ana dot y h aoes exceeaingiy wei " TT O . " . m 'mi , " eu."- i li is proposed, to organise tbe Indian '1 territory into a territorial government TBI SCHeOL TAX CAAE8L The Opiate ef tbe ftapreae Csart Im tke MIMM !tty UM. ; ! The following is the opinion as deliv ered bv Chief Jnstioe Smith in -the oftsn ofBarksdale vs. Commissioners, from Sampson county: - ! lhe general assembly shall levy capitation tax on every male inhabitant of the State over twenty-one and under fifty years of age, which shall be equal on each to the tax on' property valued at three hundred dollars in cash. The commissioners of tbe several counties may exempt from capitation tax in spe cial cases, on account of poverty and in firmity ; and the State and county capi ... . I .... tauon tax comoinea snail . never exceed two dollars on the head. Cons" , art. 5, sec 1. . . Each county 'shall be divided into ; a convenient number of districts in which one or more public schools shall be main tained at least four months. in every year; and if tbe commissioners of any county shall fail to comply with the aforesaid' requirements of this section, they shall be hatile tr taiirtrntaii Aj I. 9, sec. 3. , .-...V ,V-. m The State and county taxes among the former of which is a tax for school pur poses imposed under the act of 1881, of twelve and a half cents on - property valued at one hundred . dollars, and thirty seven and a half cents on the poll. bicb taxes in tbe county of Sampson were up to the full measure of the limits fixed in the constitution as interpreted in numerous adjudications. There is also a special tax of small amount in excess evied with the special approval of the general assembly under article 5, seej- tion b, whose legality is not drawn in question. , i : It is found to be impracticable to carry out the mandate to keep up the public schools in the county for four months of the year without laying an additional tax of thirteen and one-third cents on the property and forty cents on the poll, and accordingly the commissi sioners have made this further assess ment as they are expressly required to! do by the amendatory act in regard to public schools passed at the session in 1885, chapter 174, section 23. This see tion is in these words: 1 v If the tax levied by the State for the ' support of the publij schools shall be insufficient to maintain One or more schools in each school district for the period of four months, then the board of- commission ers of each county shall levy annually a special tax to supply the deficiency for the support and maintenance of said schools for the said period of four! months or more. Tbe said tax shall be levied on all property credits and polls of the county; and in tbe assessment cf tbe amount on each tbe commissioners shall observe the con stitutional equation of taxation; and the tSfidNius raised BhslKb- ttpedUm the county in which it is collected,- in such manner as the county board of edu cation may determine, for ' maintaining tbe public schools for four " months at east in eacb year. .,!;.4j In executing this legislative mandate to raise by assessment the additional sum required! to maintain the pub lie schools for the prescribed period under ine coiisirsunonai provision wmcn nas been recited, the aggregate amount of uie taxes leviea is eigmy-eigm ana one third cents on the one hundred dolarp worth of property and two dollars and sixty five cents" on the poll. Inas much as these provisions of the consti tution are in conflict in their application to the facts in the present case, the "one commanding under a penalty to be done that which the "other withholds ; the means of doing,' the question is .present ed, if they cannot upon any reasonable construction' be reconciled, which shall prevail, and which must yield. The court below ruled tbat the tax levied under the 'act of 1885, overstepping the limits of the taxing power conferred, all though necessary to a compliance with the directions as to the schools, is not warranted by the constitution and can! not legally be enforced.The correctness of this rulingj is before us on the . appeal While reluctant to declare a legisla tive act unconstitutional, and the courts! will only so adjudge in a plain case, adJ mitting of little or no doubt, yet a most imperative obligation rests upon them to uphold fthe fundamental law where theV are in irreconcilable conflict and to declare the1 former inoperative and voidi It is: au incontrovertible proposition that when in the same instrument a restrict ed authority is conferred and an 'act be so done under it to which - that an ihority is inadequate, it is only neeesi sary to do what can be done within the keeping up the public schools, devolved upon tbe commissioners, is performed when all' the resources open to them are employed and exhausted in the effort to ma in lain tnem zor we aesignatea perioa Withm the limits of the power to tax given . the ,; commissioners - tho J Bohools must be kept up and the mandate is ar rested when those limits are '-reached Action beyond is not only not required but is void if attempted The levy finds no support in sectio 6 of Art. 5. for' this is . not one" for "special purpose and with the special approval of tne general assembly'' for county purposes. ' The ' enactment hi general, applicable to the whole State,' and part of the general State legislation! in furnishing facilities for the education of its, people. : It cannot find shelter under any of the numerous adjudications sustaining the power to! tax beyond the assigned restraints ' and in disregard of the established ratio be4 tween State and county ' taxation which will be found at the foot of the sectioni Thb power of taxation is local as well as special and such has been the legislative interpretation of this clause in the fre4 j quent cases in which a special approval ba been asked and obtained, 'oadnjax ? vs ' Groom, 64 N. C. 244; Sinunont ti. W9son, 66 N. C. 836;'Mauuey vs. coin- x- mtssioners, 71 N. C. 486; Trull vs. " 1 coiimissionen!, 72 N. G.,888;Frenchys. r commissioners, 74 N. C 602; Cromartie vscommiijsioners, e7 N. U. 184. , I , . i . These cases settle the . extent of the ' taxing poweY; when exercised bv the ! county authorities, and. allow its ire- straints only to be disregarded when the tax is needed to meet obligations existing before the adoption of the con- . , sitution by virtue of the constitution of the United 8tatesand decjde that the "J limitations do not ipply to 'other muni- h cipal eerporiitions created by law. ' ij i ' Oar decision rests upon the interpreta- j ?; n tioa heretofore repeatedly given to the , cladse that directs the imposition f it , poll tax equal to that imposed upon , property valued for taxation at $300, by which the taxes are both thus associated , ' . and arrested when on the poll they, reach the maximum of $2. If tbe con struction of the constitutional provision irere an open question we "'miirht ustice Rodman says in his separate opWifl'r.; ion at the end of the' 66th volume of r i the . Reports, page ' 659, exists in no -? "I; other State, and which has so crippled . .4i ;.!tV: the action of the general assembly in its '- course of legislation for the public good, T i- ana aisaoies it, ior want or means, to do ' ' many things which the constitution re quires, such as providing for the inter est on the State debt and a sinking fund to discharge the principal, to do wiich it has been necessary to break through the restraints. to discharge an ob ligation to creditors and not impair the contracts from which they spring. There was a propriety in fixing a limit, to the poll tax, because the fund raised from this source is appropriated ex clusively to two objects, the support of the poor and the providing the means of free education, but it was impracticable, to foresee the needs of the State for, moneys for its future management. 1; And it is to be observed that the equa tion is only to determine lhe measure of the personal or poll tax so long as it can be levied for the special objects men tioned and up to its fixed limits. 'This mode of interpretation would have avoided all the difficulties growing out of the. want! of i 'power to tax and escaped the : present conflict.' But we are bound by continuous adju dications to which legislation has been adjusted and we are not free to unsettle them. But as the repugnance of the provisions under consideration is mani f st, the commissioners . must refrain from assessments, however necessary for scboois, wnich pass the bounds of con ferred power. We therefore sustain the ruling of the court below :- - ? h v.-.'. :c .'i.-.-.oMrTH,'. )v J. BraaoUtlaT Wampinff Ooush. lnctptwt CoManip- mnAtdnnadaiMe! dliraai Price Beta, Cue- tKM. ve ueBiua 4vv tnut m OmuA Sir to eddeelr tokiU wrapper, anil bean oar nund TrMte-ttarka to wit -I Btnp iWBifflUMM, mna w SALVATION OIL, Tbe Oreeteat Core ea Berth ior Pain,"' Will relieve more quickly tbaa any otner uown remeay. Knenmatum, N euraigia, sweuings, uruises, uurns, Scalds, Cuts. Lumbaeo, Sores, Frost-1 bites. Backache, Wounds, Headache. : Tootnacne. sprains, etc. sold by all old by a Bolt Druggists. ce 23 Cents tie. Lgq Jobisoii & Co. Snunaanr tn Paunid. TmACo.V ' WHOLESALE AND RETAIL DRUGGISTS, "OOBNKR PATKTTBVILLB AND XABTIX SIB. ' - ? (Oppotlte the Pottoffioe.) GARDEN SEED ... t ;. a specialty; F'ifi ud Toi!et: Mclcj.': .t":,v; '. ' L i'"... Trusses and Surgical lnstiumenta, i Choice brands of Qgars, Tobacco.,. , . : Cigarettes, .',f:.:.-L ?.'-'' f iv Miv':i1 ions i I t p4aJ knl I i I II it lr 1 v v y u KXBP ONLY PUBJB AND VBXSH ', '"-. t Jti1!si;:;l 4 niunuwu ouivuf run anu rrcao. Onlere by nail 1 promptly attended i Cormpondeaee sol IClted, :. ' !. " - , Johnson A C6 Aecurater filled day and night from Drun J - Lee Corner Fayettevflle and Martin SU., f 3:!': ; : . . . , -; ;t 'IX. 4v m .4 mm'- .V.4- "-.4 '.fh?j"? r:-v'" r. ' . - "1'"tw.-- t-: .f.-.'l :' -i-T i: iviftr'.;j..;:- - - t : -- -.. i.- " - -iy;fy-.'. ' X-.;f and 'I'i:;.?:.-...-: ' , .::V..: . - . t ;-;:'.-' . ..'-5- f' (it f . S(C -