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PCBUSJUD PaILT (KXCsnMoDAT) AMD
, WmCLT. .1 .1'
Bv THE NEWS AND OBSERVER Co.
Daily one year, mall, postpaid, (
air month.
'. three "
Weekly, one year. "
' slxinonflls
140 name entered w
iihout
$7 00
8 50
1 75
2 00
; 1 00
pajmrnt, and no
paper tent after the expiration of time paid for
TUESDAY, JULY 6, 1886.'
J-
So far, it seems, the British elections
have gone ait Mr. Gladstone, j-
Ah immense labor; uemonsfratipn in
favor of home-rulr fox imlaild was; field"
in New York ;M-st-rday afternoon rf ne
75,000 people took j.j-rt in ijt. Tii ac
tion can Lbroly bo cAr"' ' to uuusi the
elections across the- Water, ii v. r.
Ir will not be difficult to remember
that all sorts of disaster to the finances
of the ooantrj under our democrat Pres
ident, CleTeland, were predicted by the
politicians of a certain party. Strung
to say, though, the figure i . iuv first
fiscal year of the present treasury admin
istration which ended with Jane do uot
confirm the prediction. The receipts
and expenditures for tho year as com
pared with those of tho year preceding
were as follows : x
Receipt.
Customs,
'nf revenue.
Miscellaneous,
1885-0. rss4-l.
192,74 ,842.12 lllHi,-t71,!39.3
117,034..V28.W : 112,4!N,726.. 4
.It is nt-irtood tu.M tbe .cfivt
eon. v. t.os i.iiKcU to ?ttae
tdVitfKAf.
was pit
the rfi;UL
1 1
i retiiu
crau
i
"rvioe
out the
V.l'..
l.t
aid
apj.o'.p tine 11 ts
u Th;.-. iiiuit
Arthur : and
? 1
Total.
expenditures.
Ordinary,
lVnsiora,
interest,
fSW, 144.290 87 M23,UW.70.:N
$1.10..?,611.84 $152,738,411. 1
64,702,451.08 i 56 ltl2,27 4!
oO.jSO.O.fl.lO - 61,3!S,2i.47
Total.
1 'ood
jivlJOtuy;
tl.. d-:d.
-.41
C.xgbS'.s J. Tkvvi ir. '.f Sf-w Vrk,
says that icder -no vn'cutitaagcji will
he ever return to Ccpgrete; that hei is
tired of public life an3 with this session
proposes to end bis political fareer.: So
the country will hayo to ug uloug
without Mr. Hewitt. JTbat it oan pos
sibly afford to lo bo is evjdont from the
fact that Mr Hewitt is in favor of the
still further protection of th$ jiant in
fant industries of the North
Refbbsx.siatiax Rki has been made
one of the committee which the deo-
i '- .
cratio tariff reform conference of a
week ago autiiorized Ueu. uJragg to
appoint to oonsider the advisability of
preparing an address to the country On
the subject of tariff reform. The selec
tion is an excellent one. Mr Roid ia
one of the most intelligent nidfc in Cou
gress as well as one of the inost elo
quent. He is one of those, too, with
old heads on- young shoulders
Iir the case of the Lake Shore strikers
at Chicago, Judge Gresham rules that a
railroad, not in the hands of a receirer.
ia entitled to the protection of the Fed
eral court, and as the Federal! court is
backed by the Federal, government,
striken who beset railroad property ate
liabl i to be confronted not only by. local
authority but by the full power of tie
United states, which is I of course prae-
tioJLly irresistible, j lnis will: nave a
tendency to disoourage plans for strikes
a little, doubt.ess. , -
Thx democratio Hense goz right on
curtailing the elegant extravagance that
lean auspices.
in charge the
now
f24,5,(il5,742.3i $ift0,22,la5.11
this table look like grealor
on the part of ttie pat
ent adiuin-stration tor tbe contrary
Cannot ho who runs read the answer in.
fiV'ir of the democracy? The larjre ro
U ni t if i Oil ordinary expenditures will
noLed by the people and in connec
tion with this will be taken the fact that
t! o publio debt has been reduced 90,
UO0.UU0 during the year, or more than.
C i.:-tbirJ more than the year previous,'
and the fact that even mpre pension
oriole were paid than in any year pre
vious, except 1883. We do not lay
much stress oil the two last points, iu
themselves sinco we do not pee the ne
cessity for any harry in-paying off tbe
debt utid would be satisfied with very
much le.cH jicnsionx paying than that
nt obtains, but the points
;.rtainiy do not indicate ex
Tho faet. is that we are
I: to "greater simplicity and
tbe administration of atlairs
which at pi
referred t,
travagancK.'
getting bu.
economy iu
&nd tbe pec!ric have the honest democ
racy to thank therefor.
Vinous aud Halt IJquoiv.
grew up under repub
The committee having
general defioiency bill
seeks .
to
HE QUESTION Ot THXIK SALS CNDSR TUX
LAW OPINION 0? GKO. H. SNOW XSQ ,
ATl'v FOB 4THB BOARD Of COUNTY COM
MISSIONKKS. Sec. 3113 of the Code, vol. 2, pro
vides :
"It shall be the duty of the board of
commissioners of any county, upon peti
tion of one-fourth of the qualified voters
of any county, town or township, in
rnrir respective counties, to order an
election to be held on the 1st Monday
I in May (now June) in any year, to as
certain whether or not 'spirituous
liquors may be sold in said county,
town or township."
Sec 3116 Ibid, provides:
f 'If a majority of the votes oast at any
sueh election in any county, town or
township 6ball nave written on them the
word '.Prohibition,' then and in that
ease it shall not be lawful for the board
off commissioners to license the sale of
'spirituous liquors' or for any person
to sell any 'spirituous liquors' within
such county, town or township. Such
person offending shall be guilty of a
misdemeanor. &o. ' ;
A petition was filed before the board
df oommistdoners of Wake county under
olid and an election by it ordered
bring about reform in the practice in
dulged in by the board
visit the naval academy
appointed to
at Annapolis.
sec
in Raleigh township, on the 7th day of I liquors
X - ClOO l"l li l " r- I
une, iooot wnicn resuitea in iavor oi J uatld to
prohibition
Application isjiow made to the board
It has been the custom for vears 'ts bud- I of commissioners for license to Bell in
dIv this board with irreat auantitiea of wuship vinous and malt liquors
m - an t ma .
win and innora ttftV. ;tK unJ ' question presented is,; do the
j j. r i) l! i i si. fnt , I words "siiritnous liauors. " as used in
board which visited the academy last I Bca' olio and olio of the Code, being same form as in the original material
year incurred tbe expense of upwards vr""u uom wnicn the liquid was made
oi $o,uuu auring nve aays . visit, a
voucher for Which was on Friday cresen
ted to the House. The actual costto the
an were produced by distillation only."
In this State the distinction is clearly
drawn in all the revenue acts between
the terms spirituous, vinous and malt
liquors
Vide sec. 3701, vol. 2 of the Code,
beginning "Every person desiring to
soil Hpirituous Or malt liquors, wines,
cordial or bitters in quantities les8 than
quart shall" &c , and vide sec. 34,
chap. 175, Hts of 1885." "Hveryper
son. company or firm for selling Fpirit
uous, vinous or malt liquors or medica
ted bitters, shall" &o
''Nothing in this section contained shall
prevent any person selling the liquors
and wines of their own manufacture, or
anv person from selling spirits or wines,
the product of his own farm", Ac.
In Missouri. I
Stato vs. Lamp, 16 Missouri, Ben
nett, which "was an indictment for sell
ing liquor without a license; beer is
defined to be a fermented liquor."
Iu Massachusetts.
.Commonwealth vb Grey and wife,
2nd Gray, p. 501. "A complaint or
indictment which ; alleges an unlawful
skip of 'spirituous' or 'intoxicating
liquor' is bad for uncertainty "
Judge Mctcalf delivering the opinion
says.: "1 he two words are not srnony
mous. All'Spirituous liquor is intoxi
cating, yet all intoxicating liquor is not
spirituous. In common parlance spirit
uous liquor means distilled liquor, and
such we believe is its meaning in the
statute. Fermented liquor,, though in
toxicating, is not spirituous."
Again iu Massachusetts.
Commoi wealth vs. Herrick. Oth
(lushing pp. . 465, 408. Chief Justice
Shaw says : 1 "The word 'intoxicating'
includes a larger class of eases than
spirituous. They bear the relation to
each other of genus and species; all
spirituous liquors are intoxicating, but
all intoxicating liquors are not spirit
uous." In Connecticut.
8mith vs. The State, 19 Copn., 493
"This was a complaint preferred for
selling, as it charged, wine, spirituous
liquor or other intoxicating beverage to
R, he being a common drunkard, in
violation of the statute.
"The defence was that there was a
misjoinder of offences, and that the of
fence was stated in the alternative.- The
State contended that wines, spirituous
liquors and other intoxicating beverago
were synonymous terms. This was held
not to be so, and the complaint was
adjudged insufficient."
In New Hampshire.
Walker vs Prescottj 44th New
Hampshire, p. 511. Judge Bartlett
say a : "Ale being produced by fer- less than a quart without license. There
mentation ana not py distiUlation, is was a special verdict as follows : That
not spirituous liquor within the mean- defendant was not a regular dealer, in
ing of the act, but what is sold m ale spirituous liquors, but mad? wine from
may be so mixed with spirituous liquor blackberries, in the usual way, without
as to fall within the meaning of tbe adding braindv or whislcv : t&at Hr-fohd.
statute which prohibits tho sale of any ant was a shoemaker, had a sIod oa tho
urma im rii.t.. n 1. : 1 I... ... -
w oyuifcuuua iiquur, mixea or
unmixed, and where that is a fact, it
may be shown by evidenoe."
Again in New Hampshire.
State vs. Adams, 51st New Hamp
shire, p. 568. Smith, Judge, says :
"The indictment charges sales of spirit
uous liquors only. Fermented liquors
are not in common parlance spirituous
l ne tatter term is popularly
designate distilled lia aorB as
distinguished from fermented liquors.
"It implies that the beverage is com
posed in part or wholly of alcohol ex
tracted by distillation; -it does not apply
to a liquid whose alcoholic proportions
arc micui mu exist suustantiaiiv 1U IDO
said 4th section."
The topBt eminent writers on criminal
law say' that the term "spirituous
liquors? does not include wine and other
for men ted liquor; sec Bishop ou Criiu'i
nal Law.:; vol.. 2, sec 1145. title Spirit
uous Liquors. "These woro's d- not
include wine and other fermntad
liquor,! for they imply that the beverage
i-t composed in part or fully of alnbl
extractt-d by distillation." - i
Wharton on American Crimiual Law
is to the same effect.
Thusi it will be seen that there is ail
appateut uniformity in the decision of
our sistf-r States upon this subject, ur!
were it not for the respect I enter lain
tor tho legal opinion bf onr atrorney
ereral) so recently y published in lb
aewspajfers, I would not have used this
word "apparent." : " .
Eminent text-writers, as above
quoted, agr4e that spirituous liquors do
not embrace vinous, orimalt liquorst
,Lot us now examine and'sce whu' diai
tinguishiod lexicographer defim: ihb
word "spirit" to be. Mr Webster
says it is "a liquid produced by distilla
tion, especially alcohol, the spirit oi
spirits off wine from which it w; first
distilled.'? ;
"Heneo rum, whipky, brandy and
other distilled liquors, having much alt
cohol in distinction from wine and maljl
liquors."' ; ! i
"Spirituous; containing spirit, con
sisting of refined spirit, ardent, as
spirituous -liquors." :
Mr. Worcester defines ; "spirits" tb
same as Mr. Webster J In common -par
lance the words sniritnous liunors Ad
not inclmde wine orimalt liquor. I
there a man in this prohibition : rritry
who would go into a bar-room 'nd call
for a drfhk of fepiriSuous liquor and
mean wine or Deer V And as there a manj
dealing im the traffio who would gi ve a:
raaa a glass of beer if he called for spir-
ituous liquor ? i
bo I think I have abundantly shown;
Dy the highest courts in the States
which bare considered; the matter, byy
. " ' - .... . r
tne most eminent and reliable law
writers, by standard lexicographers andi
tne orainary signification and meaning
given to it among people in general,
that the phrase 'jspirituou8 liquors"
does not include vinous and malt li
quors. ;
I shall now proceed : to consider the
question iia ithe light of judicial and leg
islative construction iu our own State.
First I will take the case upon which
the Attorney-General predicates his ad
vice, to-wit. State vs. Low ery, 74th N
C. Reports, j page 121, j January term.
1876. This was an indictment for re-
Bide of the pubho road, and kept a bar- Kny foreigu admixture of
government of entertaining the visitors
snoaid, it is estimated, not exceed
350 annually. This figure will prob
ably be fixed upon by the itouBe and
insisted on as in the line of Democratic
eooiomy:
At xbE ume epproulhes for th'meel
i .. . . l '
ing of oar-pri!uarif, that js to say, our
townsh: tiid w-srd conveutions, every
aem-ccrai kuJUid sue up his mind to
do his whole dJty with regard, thereto
He should rcalbe tbe importance of hu
single voice and lend that voice with a
will to the cause of getting the ttest
and most capable men in the party into
- the places of trust and honor to be tiled
1 he Democratic party furnishes the fit
test men for public positions and the fit
test of these. only should be! - chosen by
tne ran ana nie ot tne party to repre
sent them The public gopd demands
that democrats should hold! tne , offioes
and each democrat should Uke care that
in so far as he is able to bring about the
resuu me oesi aemocrats snau be ; put
on guard. j.ne ancient maxim fsio
' blesse oblige," applies in this case as in
others. Let every democrat therefore
attend, if possible, the primary meet
. ings and let him vote. JNo man is' too
great and none too small to do so. The
primary is the first expression of the
voice oflho party, and as such it should
be full and frank.
and malt liquors?
Before 1 examine the legislation on
the subject of the sale i of li
quors in this state, before and
since the adoption of the Code, which
contaia the sections sought to be con-
Is trued, let me see to what erteut the
subject has received judicial construc
tion tn the other States of the Union
iwherie the evil to be remedied, to: wit :
intemperance, was
State,
I find, in Indiana, State vs. : Moore
otn macxiora d. liB the Court aavs!
M 1 J w "
"This was an indictment for retailing
The
fact that ale contains from 4 to 10 per
cent, of alcohol, which can be separated
from it by distillation, docs not bring
ale within the clas of liquors called)
'spirituous ' If that were the test
fermented milk, would be 'soirituous .'
ior aleohol can be obtained from it bv
distillation. The respondents had a
right to Buppose that jthe words 'spirit
uous liauors' were used in tbn indict.
tbe cause as in our mont in thai ri);nvr'ain;A.4:. j
not in any possible meaning which an
ingenious lawyer could plausibly con
tend tney would.bear. i
If it be conceded that : ale. porter and
rel of the wine in bis shop, from whiqh
he retailed; to one Charles Fisher, being
of opinion that blackberry wine was not
spirituous liquor. The jury not know
ing whether blackberry wine made
in this way was spirituous li
quor or not, Submitted that
question to1 tho court Up'n this spe
cial verdict the court rendered judg
ment of tot guilty and thereupon the
State appealed j
Rodman, Judge. "If the question
presented by tho case was the general
one whether what ia called blackberry
wine always Or usually contains alco
hol, and bo would come under the head
of spirituous liquors, it would be a
question of fact on which; wd coul l give
no deciaion.l We may be; allowed to as
sume, as matter of common knowledge,
that when first passed from the berries
it contains no alcohol. After it has re- .
mained a certain time, the longest of
which depends" on the temperature and
perhaps on other causes, it will, espe
cially if the berries were fully ripe, or
if sugar has been added, undergo a fer
mentation by which alcohol is geuer
ated, and after a certain longer time ,it
may undergo another fefcaientatiou iu
which the alcohol will 'be converted into
vinegar. So that when &i any give n
time aleohol is present is question of
fermentation, it is in the face of the de
cisions hereinbefore quoted from other
States, in the test o a decision
of cur own Court, and in
utter disregard of an express
uct of th legislature of North Carolina.
1' irst in regard to the d eisious of our
own court, in the ease f Kizer vs.
nuiiuieman, .in dor. u ports, page
42!. Judg-i Win. II Battle says: "The
only question presented in this c:ise. is
whether champagne wiue is 'liquor'
within the rueauing of the Revised Code,
chap. 79, sec 4." That section enacts
that "no keeper of an inn. tavern or or
dinary, or retailer of liquor by tbe small
measure, shall sell to any person, on a
credit, liquor to a greater amount than
ten dollars, &o." The term liquors is
certainly broad enough in its meaning
to embrace champagne wine, and being
thus embraced -in the letter, we think
it equally so in the spirit of the act.
The object was to prevent tippling to
an unreasonable extent, by preventing
a credit for it to an amount greater than
ten dollars. Extravagant potations of
wine may not be quite so injurious to
health as the drinking of the same
quantity of ardent spirits, but it may
become equally as fatal to the morals of
those who are tempted to indulge in it.
- An additional argument that vinous
as well as spirituous liquors wero
intended to be embraced in this sec
tion of the act, may be derived from
tbe fact that in the Gtb section "spirit
uous liquors" are particularly specified
as those for the retailing of which a li
cense must be obtained from the county
court.
Why use a more extensive term in
the 4th section unless other than
spirituous liquors were intended?
Uur opinion is" that upon a proper
construction of this section it embraces
both in letter and spirit vinous as well
as spirituous liquors, and that conse
quently bis honor iu the court below
erred in holding that champagne wine
was not embraced in it."
Is there not a clear distinction be
tween vinous and spirituoos liquors
pointed out in this opinion?.
Now let me quote the act of the legis
lature to which reference has been
made. . The act was passed in 1874 and
1875. The State vs. Lowery, decided
at January term 1876. Acts of 1874
and 1875, chapter 208.
"Sec I. That all wines made from
grapes, blackberries, currants, goose
berries, raspberries and strawberries
manufactured in this State from fruit
raised in the State may be sold in bot
tles corked or sealed up and not to be
Greensboro Female College
GREEITSBOHO. IT- !
The S. r!ou of '886 will
begin im th! 23th of August with
in- reuvri f?vantiipri.. Number
of pupil enrolled lb past year,
ei Tlie iroie ity of the in
stituiiom U lsed on inerjt.
The Ficttltv in conotied of Ifi
:iec. iiiiiij.iri li.. nd gentle
' w II ii.ili d to give in
struction in Uuir n-Hpective d -
IWITl MOB!. llf.it ..
- - ua-MMJO V All
Rtruction used for 8eirimr
i 23 I'll rmg'V ri ..V. I t t . .
r- j munninip ana inor
'IT wughnew cl mental - ttln in g.
iirttS . sopww au vantage, ottered in
'-r i in ueimrLuiRDLa nr u i ...i - . -
. tuli, All,
Mod rn Laniruageg and Elfw u-
tion. Speolal attention paid to pbyku-n) development, health nd comfort. We claim to oiler
advantages, not surpassed by any female school in the South, OB very moderate terms.
mm j -. a i - - . - 4
For particulars apply for catalogue to
T. M. JONESj I'resident.
EDUCATIONAL.
SELICT BOARDING AND DAY SiHOOL
18&9.)
For Young Ladies and Little Girls.
(Fot'KDKO
Laaies
ILlLLSBORO, 2s. C.
drnnV An t.ilA ."O m ia.a nw,n -1 J ."
tailing spmtuous liquprsin quantity quantity, whether greater or less than
one quart. Provided, that nothing
herein contained shall authorize aav
person to sell any of the wines mentioned
in this section to any person who ii a
:miuoninder 21 years of age."
5cc. u. lnat this act Bhail not ap
ply to any wines which' have or contain
spirituous
The Scholastic year of the Aliases Nash and
Miss Koilock's school will commence Sept 3d,
1HHV, and end June 1, 1887. Circulars on ap
plication. PEACE INSTITUTE,
RALtlUH, N. C.
For Yonng Ladies aud SmaTl Girls.
Fall session cf'nunences first 'Wednesday in
September and closes conesjmndmg time in
June following. An experienced and highly
accomplished con)of teachers in all branches
usually taught in Frst-class Seminaries for
young ladies and girls. Advantage for in
struction in Music, Art and Modern Languages
unsurpassed. Building heated by steam and
lighted by gas and electricity. Expenses less
than any Female Seminary offering same ad
vantage. Special ; arrangement for ntnall
girls Deduction for two or more from same
family or neighborhood. Correspondence
solicited. For Catalogue address
lttv. &. JJUiiWELL & SOX,
: Kaleigh, N .C.
FOUNDED IN 1842.
St. Mary's School.
RALSIGH, N. C.
TnK Rev. BENNJlTT SMEDES, A. M
KKCToa AND FKUCIFAL.
A corps of fourteen efficient instructors.
Thorough teaching guaranteed". French taught
hy a native; Utman by an j mtrivaa educa
ted in Uermany. Latin a req iiaiu- for, a fuil
Diploma. Great attention is paid to -Mathematics
and Composition. Elocution a specialty.
One of tbe best equipped schools of Music in
the South. Separate building-c, lire teachers
one from the Stuttgart, one frm the Leipsic
conservatory; a nne Vocalist; sixteen piauoa
for daily practioe two new.Conrert Grand for
concert use, a Cabinet Crgan; a tine
Pipe Organ, with two manual and tw nty
step, and the only Pedal Piano south of N w
York. TheArt Department under the charge j
oi auie ana eninusiastic artists. The Course
comprises Drawing; in Pencil, Ciayon snd
Charcoal; Painting in Oil, Water Colore and
Pastel, ami Decorating China in Minerals The
Physical Development of the pupils trur
ouguly cared for.
Uhe Ninety-first' term begins Sepu lo
ber Wh, 1886. For jcirculars conU.uuig ;nll
Tiarticulara apply to the Rector.
june 16 d&w 8m.
SUMMER RESORTS.
Smer and Wintfi Resort.
BATTERY PARK HOTEL
ASHEVLLLE, Ji. C.
The city of Asheville ii located on the high
broken plateau between the Blue Bidge and
Appalaehiau chains and is accessible by rail
from all points of the compass. . '
. The Battery Park Is a new hotel ut com
p'cted with all toe modern appliances for do
ihg a lirs'. class busine.s. livdrau lie elevator.
Electric light. Heated by steam and open
tire.
Electric bells connecting every room with
tbe office.
Tbe house Is built oin a high hill overlooking
the town aud a stre ch of country fifty miles
in extent.
..Seeneiy magnificent, rrofpect extensive.
Climate delightful.
For descriptive pamphb t and any informa
tion prrtaining to the I; i-inm, address,
C. II SUUTIIWICK, :
Proprietor.
HAYWOOD
WHITE LILPiiljii SPRINGS
WAYNES VILLE. N. U.,
"The Loveliest spot in all God's wonderland
of Beauty."
New three-story brie i.tel, f70 feet long,
with verandah twelve feet wide and 250 feet
long. House handsomely furnished. Every
thing new, briarht cd -clean. Accommodations
in every department strictly first-claaa.
MUUJNT -Lin'tHJfiAALi HOTEL.
BLACK MOUNTAIN, N. C,
Sitnaied on tbe Uestcru North Carolina
i all way, near tie foot ot Mount Mitel ell or
"AtitcBdP peak," tiie bigheat land la
A Bieric-a, east of the Bocky Mountains. The
Mount MiWhcli hotel ia under the same man
agement as the JLUywood White Sulphur,
a. Very possible tlioi t will be made to make the,
Mount Mitchell the most popular hotel ia
Western 5ortn Our Una. For further informa
tion addrtw ). c t. llMBEBLAKa
. WaynesvUle, H. C
port wine by small measure without cider are intoxicating, that does not al'er K01 10 e determined by some of the
license
"We are not at liberty to extend its
meaning beyond its exact literal sense
?pmt is the name of an inflammable
liquor produced by distillation. Wine
ib the fermented juice of the grape or a
preparation ot other vegetables by fer
A-A.Z ll' . n
muumuuu. w o cannot bo rar con
found the signification of these g'eueral
terms as to call wine a spirituous li-
the case. The word I intoxicating in
cludes a larger class Of cases than spirituous.-
They bear the! relation to each
other of genus and Bpeeies. All spirit
uous liquors are intoxicating, but all
intoxicating liquors are pot spirituous."
in west Virginia, f
State vs. Thompson. SOth West Vir
ginia, p. 074 1882. This was an in-
4dM a f i ' i i
utuiiucui. ivr hciung igcr Deer under a
1 tir f T 1
quwr. e iiiiua port wine is not with-1 statute which prohibited the sale of
spirituous liquors or wine," exoeptfor
;i. v
Thi President s vetoing gray goose
quill took a little twist out of the ordi
nary course on Saturday, in the ease
of a private relief bill he said that t the
claimant, who was a quaitermaster,
, after the settlement of his accounts, was
found to be indebted to the government.
Thereupon he put in a claim for forage
for horses more than sufficient to offset
his indebtedness. There is no sugges
tion that he had oi used any horses, and
if he did and' tailed to make a "claim for
forage at the time he settled his .ac
counts, then, Bays the President, "he
presents a case of incredible ignorance
. of his rights or a wonderful lack of that
disposition to gain every possiblo ad
vantage which is usually found aniohg
those who deal with the government,"
We should think bo. and so will evcrv-
,
ip this provision of the Statute. If
Its oniissioi. is an evil, the Courts have
no power to remedy it."
In lenncssee, Caswell & Hill vs
the bUte, 'Jnd llumpreys, 4t!2. the
uoort Bays :
ii r l ..
j.uv uu-cBiiou tor oonsiaeration is
whether wine is a spirituous liuuor
within , the meaning of the Statute
making it a misdemeanor to sell spirit
ous liquors. We think it is not. Wine
is a fermented liquor. Spirits are dis
tilled liquors. And this distinction ex
ists not only in common parlance, but
is recognized bv chemists and chil
es .
Mr. Webster in the 18th
the word "Spirit" calls it
pungent, stimulating liquor obtained
by; distillation J as ruin, brandy, gin
Whisky. Wine he defines to be .the fer
mented juice of grapes. We therefore
think that tbe words Bpirituous liauors'
embrace all those procurea by distilla
tion, out not those- procured by form en
Ution." f
Again, from Tennessee, llenry Fritz
vp. J ne isute 1st JJaxter.
"This was an indictment for selling
'spirituous liquors' on Sunday and for
aiding and encouraging the sale on Sun
day. The proof was that the defendant
sold lager beer on Sunday: Held by the
court: lhat whether the term spirituous
liquors Was intended to embrace malt or
fermented as well as distilled liquors
was purely a question of legislative in
tent. The statute provides that 'No
medicinal purposes.
A. - i. 1 A . f 1
bests &nown to scientino men or Dy evi
dence of its effects in producing intoxi
cation and the like. But the question
which the jary had to decide and which
they referred to the judge fnd which he-
decided as one of law, was not the gen
eral one, but whether the particular
liquid which the defendant retailed con
tained a sufficient amount f alcohol
to be perceptible to the taste or eniell or
to manifest itself by its efforts in which
it would be properly called a-epirituous
liquor. This clearly is a question of
;iiquors, and shall only apply to huch
wiues as aenve tneir ardent spirit from
vinous fermentation. " This act is en
titled "An act to encourage the manu
facture of domestic wines in this State."
:? And while this act was in force
:plainly evidencing the legislative . nol-
oy, Judge Rodman holds or rather in
timites that a man who makes wine
rom blackberries containing no foreign
admixture of spirituous liquors, but made
in the usual way, receiving its alcoholic
properties irom fermentation, aud sellj
it, is guilty of selling spirituous liquors
if the alcohol is perceptible to the taste,
smell, or to manifest itself by its ef
fects. ;
: I feel confident-that this distinguhed
jurist had not his attention called to the
act.
Again this act is brought forward in
thje second volume of The Code, chap.
tf o sections forming section I of the lo- Military 0110 NOVO I ACOOemy
tolt b t g" 8eCti0,U 3' M are to 'S0iSMSi from several
Ot J.ne OOUe, thus emDhaSlZinsr tho I ol (-ninnvaxinniil .lisiri. U t tho ui.io n vr .u
. . I - . "I O " WMV. umiii, v 1IUI Lll
Carolina and thofee desiring appointments are
requested to make immediate application.
Cadeu receiving appointments enter the
Academy free of boaid. Total enrollment of
Cadeu representing thirty-three States
and two Territories. Session begins July 20th
Full information will be given by a i.ply-
lngto COL. B. J. BUBGESS, Supt.
OXFORD
Jt?naie pennlnary
OXFORD, N. C.
Five of the leading schools in the world are
np:esented by their graduates in onr corps of
teachers the Stutfgrt Conservatory oi Muic,
of Germany, the t incinnati Conservatory o!
Music, the Univetsity Of Virginia, the Amh r.t
School of Languages, and the Cooper Union
Art School of New York.
in consequence of tbe continued increase ot
patronage, several thousand dollars w ill be
spent duaing the vac a ion in enlirgu the
building.
Catalogues are now ready for distribution.
The session of I8-6-S7 opens Sept. 1, and
closes June 2.
F. P. HOBGOOD, Pres.
Eound Knob Hotel.
MARYLAND
Judge Snider in deli vennir the onin- na not law. we ao not
. O AT l.l't .i n . .
ion says: (mux tne legislature intendod to
"The phrase 'spirituotus liauors ' in include under ; "spirituous liquors"
its ordinary sense, means liauors oom- nX liquor which contains the
posed in part or fullv of alcohol nro- least, alcohol, for that would include
i ia . . ... . " i. . r -
duced by distillation, as: distinruished
from fermented and "malt liauors. and
in this sense it never includes corter.
ale, beer or wine So also if we tako
the statute and the precise language
used therein, it becomes ; apparent that
the legislature did not intend that the
terms 'spirituous liauors' or wines
should include porter, alei or beer., The
edition of first section uses all of theSo terms, whilo
a strontr. I the 4th section uses the first nnlw PVir
the distilled liquors it uses the genera'
term, spirituous liquors,: and becauso
this term would exofude wine, which is
intended to be included, wine is snecifi-
cally mentioned, but the .Words porter,
ale or beer are carefnllv omitted.
This construction is made ssill more
plain by that provision of said section
which declares that it shall not be con
strued 'to require any person having a
license ti sell spirituous liauors or wino
at retail to obtain another license to Bell
porter, ale or beer, Jcc' Here the
liquors are put in two distinct classes.
the one consisting of spirituous liquors
and wiue and the other of porter, ale
and beer. If it was intended that license
to sell spirituous liquors or wine should
include the right to soil porter, ala and
beer, then this provision is useless and
has no effect whatever. By using the
cider which has begun to g t hard, an
many extracts usually sold : by drug
gists as perfumes; or medicines, which
have not been usually considered as
spirituous liquors so as to require the
druggists to take out a retailer's li
cense bt fore selling them. The phrase
'spirituous liquors is not a technical
term. It must reoeive the meaning
usually given fo 'it, among people in
general.Its meaning should not besought
to be extended to embrace more cases
.i . ? i ...
uiau me legislature probapy naa in
view, upon any motive of benefiting
the publio revenue by taxing the. inao
oent beverages of the people the trifling
accessories of ladies' toilets or the medi
cines of the sick, i When the Legisla
ture designs ,to tax the sale of these
things, it will have no difficulty in
finding clear words to include; them.
' The verdiot is imperfect and we can
give no judgment ou it. There must
be a venire de novo "
I respectfully submit thatithe only
Soint presented and decided' by , the
ourt was that whether blackberry wine
wus or was not spirituous liquor, was
one of fact and not of law, and the
remainder of the decision is a mere
dictum.
While I have the'highest respect for
body else, exoept the claimant hiinse
perhaps. The'people -will further agree licensed grocer or other person iu this
l...i.liv. nwm a ,Uk in ' ..,.'1 I .Stitft fih.ll Af.nll ani.iliiniu 1 i . .. ' ....
HU W LliU M. J 1OIUbUh V ma .'.UN .M A I tl MA I - - V w.. , IbUU Ufl 11 VI UU1 B UU 1 1 I . . - . . v I ;
lowing the olaim on the grouud that it Sunday.' " , wora.B Yr 0r bw the general the legal opinions bf Judge Hodman,
wou d sot a i.rMMrfunt wh eh nrtn d "lho court cone ud. that In f 4"W'"""WM 4U ,uo 1-1 aeowqa ana men yes A nust say that if be intended to
' . ' f " - w - - w-w . v- ' " - W , l a Man U i"- l - I 1 M I .
hardly be .xuored. and which, if lol- the distinction made in other atatutos I": Vl"-" I1 ."P ,uu, , '"e . oiu ma, oiaoxriprry wine,
lowed, wouid lumish another means of of the otato bttwetn spirituous and 7r . . . . Hwiwaaniy a u mi a case, oontainiog "no
attack urj tLc trissurv as tff ct.ve is vmous and malt or fermented liauors. ." ,ct5" V PW" i wroign admutre: of spirituous li
Lich aio now in operation. i the tetm U eonfoed to sueh lUnr. !uowu n01 w emD"wa tbM0 lW r qaors" was a "spirituous liquor
' ' i - ' PSTOragej ajnong thogc OXOeoUU bv the I merelv booanae it AAnaSn) AlAAhAl fmm
luany
1
f
I
Catawba i tillage
NEWTON, N C
Next Kef sion will begin August 2d. Full
Academic, Business and Collegiate Courses.
Fine Buildings, Libraries, Apparatus, Ac,
Board and Tuition Moderate. Worthy per
sons of limited means assisted. Pure water
and health unsurpassed. ' Apply at onee. Cat
alogue free. J. A. FOIL, Secretary.
The 21st Annual Session Opens Septem
ber 15th, 1886.
For Ctakue or Special information, apply to
W. R. ABBOT. Prim -
Bellevue P. P., Va.,
ivy ui me legislature oi iCiso in pro
ulpting and encouraging the manufao-
tuTe and sale of dfimestic wines which
contain no foreign admixture of spiritu
ous liquors, but derive their ardent
spirit from vinous fermentation.
Is it not perfectly plain that if "gpir
itdous liquors" is defined to be a foreign
admixture to alcohol derived from
vinous fermentation, then when the
phirase "spirituous liquors" is used in
thi same chapter it docs not mean alco
hol derived from fermentation; and if
the manufacture of wine, whose alco
holic properties are derived solely frni
fermentation, is nnnnnracrori K
latere did not intend S, interdict its QEEVUE HIGH SCHOOL,
Bala kv tha naa nf U A I aasr
j uS iiwu opiriiuuuB BEDFORD CO.. VlKUBOA.
liquors i
- Again as showing the legislative con
struction of the phrase ' spirituous li
quors." In theactsof 1881, chap 234,
the sale of "spirituous liqu.rs".in so
many miles of the different churches
mentioned is prohibited.
lij the act 6f 1885, chap. 273,
see: 5 of the acts of 1881, chap.
6 just quoted, is amended by
inserting after tho words spiritu
ous liquors" the words "wine or cider,',.'
thus showing that the legislature under
stood that the words "spirituous li
quors" did not embrace "wine or ci
der." Again sec. 3440, 'vol. 2, of the
Code, forbids the sale of spirituous
liquors," not used bv physicians for tho
uso pf the hospital within its penitenti-
tentiary. Acts of 1885,' chap. 386,
makes it "unlawful to sell or give ex
cept' for medical purposes, any intoxi
cating drink to any inmate of any of
the penal or charitable institutions of the
State." Thus using a broader and more
comprehensive term, to-wit; the gene
ric term intoxioating. as if the word
spirituous liquors had been used in a
restricted sense.
In the acts of 1885, chapter 127. it is
enacted :
Sec. I "That no license for the sale
of spirituous or malt liquors, wines,
cordials or iutoxioatmg bitters shall bo
granted in Buncombe countv. outside CALK BY AN A DMINIaTB ATOR.
of tho corporate' limits of the city of , adminb.tr.tor of the
-ojucnuo auu tne incorporate a towns I bnoiweii, i will, on the -l
and villages of said county, and it shall
be unlawful for any person or persons to
sell such liquors, wines, cardials or in
toxicating bitters, without a hoense so
to do'
S'.'o II. "That in any election held
under aud by virtue of the provisions of
The betel U opt a witt r and Kutnnier, und
those fioiu the rth st tidily health or pica.
ure ebonld not fail to see Kou'nd Knvti iuid i s
beautiful suruundings. l.wi) atteutfon will
be given to the gueit, snd tue table will 1
I, supplied with everything that is geod and
tempting. Tliccl:niaU of WoUru JSoith Caro
lina has lot g I etn nvU dfor it. lienefacial ef
fect upon those suiii ting with lung trouble,
ami nu Letter hot. 1 can bu fcund in thiscouu
tiy.Roun t Knob is a very pcpular pluce iu the
fuinuur and tliep'oirictor pr.ipos-s to make it
so iu the whiter. A natural fountain 26H feet
high; only a lew j .rein front tho hotel, is tbe
highest in the w oi d and fs really one of the
wonders of t:.e coMmei.t and is an ever itrcf
eut attraction of this beautifully and pic
turesquely located hotel, .'lelegrsph and pokt
e tho-j in the hotel
TERMS: 2.00 per day; f.,.60 to flO.OO tier
weekj sJj-0.00 to 140.00 js r month. For further
imoruiatiou addieas W. B. TltOY,
; rroprietor.
SWAiNNAiNOA HOTEL
ASHEVILLE, N. 0.
The Iargeat brick hotel in Asheville. Broad,
airy halls. Water suppiy from lT)stul Moun
tain springs. Pb'hdelpbia oiche!.tra nuplojed
for the summer. Acctminoiatii unsur
passed. Tem-s 13 per dav. ejMciai rates by
tbe week. - "
RAWLS BROS.
OPEN JUNE 1ST
ALLEUANY SPRINGS, VA.
1 THB 0UATX8T
Dyspepsia Water
tvut niscovBim.
Endorsed by the Medical Association ef the
tate. is now the LA RU AST and most POPU
LAR R1ESORT in the mountains ot Virginia.
All the modern improvements; For cUnh Htw
tive pamphlet and circular call on J. g. pes
cud, Druggist, 118 FayetteviHe street, BaV
eigb, N. C, who has the water on pale, tr ad-
may 28d6w.
C. A. COLHOUN,
General Manager.
; lioanoke College.
N THE VIRGINIA MOUNTAINS
I Classical and Scientific Counes for de
grees. Also, business and preparatory coarse.
Special attention to English, French and icr-
man 8oten. instruction thorough and prat
ticaU Library 16,000 volumes. Good Litera
ry societies. Best moral and religious influ
ences.
Expenses for nine months f 149, f 176 orf 204
imciuuiug luiiiou, uosra, c; . xncrealn
pa ionKe from 16 States, Indian Terr itonrai.
Alexico. Thirty-fourth Session begins 6ep
For catalogue (with view of grounds, build-
ings ana mountains; aoarer a.
J LLlUrf D. DREUkR, President,
Jy6-eo)m. . Salem, Virginia.
MISCELLANEOUS..
N
OT1CE TO STOCKHOLDERS.
Nobtb Carolina Rajuoad Co.
SacKXTAaT Ann Tkeasukik'b Omca, '
CoMhAav Shops, N. C, June 15, 1886.
The thirty-seventh annual meeting, of the
stocanoit-ers oi tnis company wul be held fa
ureecsDoro on 'inursaay, July oth. lbS67
Stockholders desiring to attend can get tickets
for themselves and tne inunediate members of
their laimUes wife and children living under
tneir rooi Dy applying to tne unaersigneu.
P. B. BLFFIN, 8'y.
Iunel6,d'ly.
1
1L
late Randolph A;
0-iv oi July. issa.
expose to public sale at the door ol the countv
court house, In the city of Kaleigh, N. C,
the interest of the said iutesUle in ol tharea
of the caplul wtuck of "The C hrcnlcle lub
lii.lng Company" of Raleigh, N. C. Terms
of sale, on a credit of six mouths; title retained
uulil purur.kM u.oney jmld In lull. Time tf
siileli o'clock uu i'aitie duklrhur to put
chase may address me or my attorney, Messrs.
Hay wood Haywood, at Ruieigu, M. C.
ion j.j i.i i ,i ,,ZrT V . ..
rvgHi stum i w fnmniMpa a cafitw
. - '
THE OCCONEECHEE HOTEL
IIILL8BORO,N.C.,
VISITORS01 rtr JU'7 SlJil UEa
E. H. POQUE,
Proprietor.
"Land op tim sky." '
OKKAT SLLClut 1UI
GRAND
KIM HOTEL
ASHEVILLE, N. C
80,000 Ak&ivals ijt 1,000 Dats.
House, Furniture, and Carpets new. Rooms
and Fare equal to any in the State. Rates
Reasonable. Electric ieiU In every foom.
Cold and hot baths. First-elass hi every re-
spec t
8. R. CUEDESTER 4 SON,
, ... . . Owners and Proprietors.
Give Baggage Checks to our porters t de
pot and Uke white 'Boa. Ju8eod'2ia
Don't Put it Off.
SEND YOUR ORDERS IN AT OKTE'fOR
NORTH CAROLINA
Lime Phosphate
; The Chea, est and
BEST MANURE
ever nsed for ;
Peas, Turnips,
And ftU th PrW nA fva a.. l
farme ncds it, and lu low priee puis H l
the nao i o til. Write for .inntmni and W
Mlllau 11 lm. a - a J . - s
"""" "ww wjwj Who has used IU
-1 U