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;!. STEWS AND OBSERVER - PcBtismp Dutt (except Motoat) ax . WznxY. -Bt THE NEWS & OBSERVER CO . i. '.anus. MIMr. Dally on. yew, by mall postpaid, six ntii. " M 1 T6 thra. Wsekly,e.year. " six mouths," . " W He nan entered ttliout payment, and ao pa esr seat after the expiration of time paid tor. , FRIDAY, JULY 27, 1888. UELnOCItATIC rcomrt ees. XUCTIOH, TTJKSDAY, Hmr SM. HATIOHAL. TICKET. MI FKESIDEIT : GROYER CLEVELAND, f lew fork. FOR VICE-PRESIMJT : ALLEN G. THURMAN, . . of Ohio, v FOB ELECTOE3 Stats atLaboe: ALFRED M. W ADDELL, of New Hanover.) FREDERICK S. BtHUDVf ICK, of Orange, District Electors: ioTIii.JOHM E. WOODARD, of W 11 son. v ill 1 I D A Vl'i a 'J." nff U'avli 4th UitT. EUWAKU W. FOU, Jr,of Johnston. -. it. li lutuaav uuppv TH UlSD.-oAMCEL J. PKMBEKTON. of Stanly 8rH I)iT. THOMAS M. VANCE, of Caldwell. KTHlMST. " - . HTATE TICltliT. TOR GOVERNOR ! ol W&kS." . FOB LIEUT. OOTEBNOB : ;THOMAS M. HOLT, . of Alimtu.ce. For Associate Justice of the Su preme Court to fill the vacancy caused by the death of. Thomas fc Ashe:, : JOS. J. DAVIS, of Franklin. For. Associate J usticea of the Su preme Court uhder amendment to the Constitution: I : JAME-4 'E. SHEPHERD, of i Beaufort. ; ALPHQNSO Q AVERY, J of Burke. : ' FOR SECRETARY OF STATE: ; Wit L- SAUNDERS, of Orange. rok treasurer: DONALD W. BAIN, of Wake. FOB BDPEBUmNDEHT OF fCBLIO IS8TKU0- i TION S j SIDNEY 1L FINGER. of Catawba. , FOB ATTORNEY OKTERAL . THEODORE F. DAVIDSON, of Buncombe. FOB auditor : G, W. SANDERLxN, of Wayne. FOR COXGRESS. fourth district: B. H. BONN, of Nash, i PUBLIC SPKAKlJTG. i' , ' By tka Dntcnitlt CwdMatti ! Gover Btr, Baperlntemdent of Public Instrme Ua, u4 4ttrMrClnl. Hon. Daniel G. Fowlo, : Jlaj. S M. Finger and Col. T. Fl Davidson, the Democratic candidates for Governor, Superintendent of Public Instruction and Attorney General, will address the people upon the issues of the campaign at the following. times and places: I Newton, Saturday, July 28. Statesville, Monday, July 30. Taylorsville, Tuesday, July 31. Wilkesboro, Wednesday, Aug. 1. ' Sparta, Thursday, Aug. 2. Jefferson, Friday, Aug. 3. Boone, Saturday, Aug. 4 , Bakers ville, Monday, Aug. 6. i Bornsville, Tuesday, Aug. 7. : Marshall, Wednesday, Aug. 8 i WayneBYille, Thursday, Aug. 9. I Webster, Friday, Aug. 10. Charleston, Saturday, Aug. 11. Eobbinaville, Monday, Aug. 13. ! Murphy, Tuesday, kny. 14. Hayesville, Wednesday, Aug. 15. Franklin, Friday, Aug. 17. Highlands, Saturday, Aug. 18. Brevard, Monday, Aug. 20.- Hendersonville, Tuesday, Aug. 21. l Columbus, Wednesday, Aug. 22 Rutherfordton, Thursday, Aug. 23. j i Shelby, Friday, Aug. 24. ij The local committees are expected if and urged to thoroughly advertise II these appointments by handbills and r otherwise. - . ii- , Spies WhitakebP Ch'm'n Dem. State Ex. Com. k appoivtkkhts for hoj. b. h. bunk Si ARO UKV. U.W.I1NDKULM. .1 Hon. B. II. Bunn, Democratic can l didate for Congress in the Fourth ,J District, and Rev. G. W. Saoderlin, Democratic candidate for Auditor, will address the people at the fol io wing' places on the dates indicated.: Poplar Spring, J uly 27. Benson,. Johnston county, Aug. 2 f Durham at night, Aug. G. i Ilillsboro, Orange county, Augqat 7th. Lees ville, Wake county, Aug. 11. , Smithfleld, Johnstou county, Au gust 14. Graham, Alamance county, Aug 18. Siler City, Chatham county, Au gust 23rd. 1 ' Mr. Pou will be present at Benson, Durham, Ilillsboro and Smithfield. Democratic papers in the district are requested to publish the aur nouncemenU. a I W4KB DEHOCHATIC COII VKJfTIOf . - The Wake County Democratic con vention has been . called for the 2nd Thursday in August to nominate the Legislative and county tickets. The primaries will be held in the Beveral townships on the 1st iatur ; day in August- By the executive committee of the county. A. D. Jokes, S . Chairman. f Pursuant to a resolution of th i re cent Democratic convention of the Second Congressional District he'd at Weldon, N. C, the delegates to said . convention are hereby notified to meet at Wilson, N. C, on Friday, August 10th, at 2 b. m. to dominate a candidate for Congress 3ft r said distriot I. JOBH E. WOODARD, Chairman. W. W. Fall, Secretary. I District apers please copy. PWe print today as matter cf interest a ieommunicaiion frOm Mr. Walter R. Heniy, embodying hi brief on the jririsdictional point argued in thej Superior uourt. With regard to that point we. Lave heretofore said that we did not attach njuch importance to it, a though we know that good lawyers, among them Mr. Henry himself, Ihink it will hold The Supreme Uourt of t,he United State, in administering State laws, it usually governed by the interpreta tion given to those laws by the Su preme Court OI tne aiare. Any aiare oourt administering a federal law would be governed by the construc tion Of the Federal Courts. But in cases where the United States have iarisdiction the jurisdiction of the . . 1 1 j . . ; , . Stale couri usuaiiy uue uu Thus for offenses made penal in the National Bank act the State court cannot punish. But neither by that ml nor anv other la-v of Congress, is the offjnse of forging a note depos ited iii a national ban made punisna ble by the Federal Court ThB Federal court has no jurisdic tion to htar achartfeof forgery based on forging an ordinary note. Timt is a distinct ottencf. It is triable at the instance of the 'State in the Stale .rtQif. and only there. In 6uch a ense the State is the prosecutor: n a proto flrifinn in the Federal court', the United States is the prosecutor. Now says Mr. Henry's brief: an acquittal the Federal prosecution for .false en try. That Is a very wide noii sequitur. It will not hold water. There is noth ing in that. But the brif goes on to say: "Ami this is in accordance with the settled rule that a prosecutor by selecting a Special and essential lucidtmb of an offence for prosecution is barred as to the aggregate ollence by an acquittal of such incident. The principle invoked here does not fit and is beside tne case, became tb prosecutors are different. In the casn of a Single prosecutor, ho is bound by his choice; but here there are two spveryigns, the United States and the State and neither is bound by the action of the other in making a choice. That the principle relied on haB no application is plain: " ; But even if the two offences, mak ing the false entry and forging plain' note, were cognizable in the same forum and were crimes against the same sovereignty, yet tney are such distinct offences that he rule just quoted could not be successfully invoked to prevent trials on each of fence. .The defendants might be tried for both offences in the same court and acquitted of either and yet be convicted of the other, or acquitted or convicted of both. i That is so because forging a note is not an integral and essential part of makinp a false entry on the books of the bank ; nor does making a false entry on the books of the; bank con stitute any element of the crime of forging a note of hand. The offences are Separate and distinct. In this case they happen to have an accidental connection ; as if a burglar breaking into a house to- rob finds himself confronted , by a man, And slays him, and then' takes the money - and then burns down the houe to coj-ceal his crime. Such an Offender would commit burglary, as well as murder and at son. Any minor offeree of the same nature as either of tbee offences would be ignored if the offender were put on trial for the higher crime embracing it- Bat the criminal could be arraigned and tried for all three of the principal- crimes, arid acquitted or convicted on cither of them, or all of them. As it appears that the alleged federal question in volved is based on a view of the law that seems to us untenable, we do not think that the Supreme Court of the United States is likely to grant a writ of error if the application receives the usual consideration. i The North State says : ?Why these statements are suppressed we do not know, unless it is because Mr. Stamps is a democrat and i; kept in an im portant official poei ion by a Demo cratic State administration. 'Very certainly if he had been a Republican the least intimation that be was cor rupt would have been seized upon and published to the world-" : That might be as to some papers but the News and Obsebveo has never knowingly allowed its colmuns to be used merely io blacken tbe character of a man, no matter what bis politics may be. There was no omission by us of any word from Mr. Cross' state ment because of any political consid eration, or because of tbe politics of any man; nor is it possible that any sensible person can believe that there was any omission for tbe purpose of screening any man. TheBe statements were read in open court, and the information there con tained was thus laid before the court and Solicitor Argo, in the presence of hundreds of people. Indeed, we have heard that copies of the statements were immediately ob ained by the United States District Attorney to be laid before the Comptroller of the Currency. The course of the Nkws and Ob server in omitting matter that we did not think we were called on to print was based on an entirely different principle -a principle in journalism we have always practised. Mil. tllOSV STATEMENT. :Oua neighbor the SU e Chronicle prints less than one half of Mr. Cross' stttement read in court. We regret thai, our enterprising neighbor did not print it entire. For several reisuns we have hoped that the statement would find its way in full to tho public, and we were told positively that it was to appear in full in one of our city weeklies. We suppose however that our enterpns ing neighbor could not well print more than it did. It- printed two columts. The News asd OdEERvtB pr.nted three columns, and etiil omitted a good deal. Wb will thank anyone who has felt any interest in this matter to compare the Crcsi fctatemen'. a-i it appeare J in tbe three columns of the New and Odsi iY: fi w.lh the Crois statement as it appottitd in the two columns of our enterprising neighbor. Thb North Stale intimate that the principle of the Mills bill is un-Amer ican; that it is in the interest of other CDumr es. Well, now, who is the greatest man, the North State cr F.esideLt Grant t The principle of the Mills bill that is so objectionable to the North Slate, we suppose, is taking the tax oil of raw material. Tail), we take it, is what makes our cou'.cmpoiary denounce it as being in the interest of foreign manufacturers. Now, President Giant discussed, that matter iu his message of 1875.1 He was talking about free raw materials when be said . I would mention thoee articles which enter into manufactures df all sorts All duty paid on such articlen go s direct to the cost of the article wht n manufactured here, and must oe paid for by the consumer. These duties not only come irom tne con sumers at home, but act as a jrotec- tion to foreign manufacturers in our o;r aiul distant markets.'1' Gren. Grant was not much of a poll ticiar ; but, ho was taught in ihe best school in the worlJ and be rensone'i w tit great accuracy. In studyirg this question he rta-.hed the truth and be btated it plainly, like tbe blur , hor.ebt sold er states the hon est truth. Tu ee tau-B ou raw material, Le said, truly "act as a protection to forr eign mauufaoturern iu our own and distant markets." Tliar is a plain, practical, sensible way of stating the fact- It is a 'rue statement: a tax '- -' ' - r- -- foreign manufacturer comp ting with the American manufacturer It is thercfjie against American interest's A lJl our c ."iiteniparary ilif-cuss for tbe bLU li j ol hs readers this plain prop osition la U dewu by the g;eat lio pubiii-au President, who, whatever his faults may have b';ca, haa never been assailed as wauting sense or as bting anUiyomsiic t the prospority and ylory if our country. Two well kxows manufacturers of Massachusetts, Mr. Arthur T. Lyman aud Mr. Willirttn 'A'hiting, the- latttr bt-ing a member of CoDgress, aud the foi'iM-r of whom was requested to pri-pare a woolen ached ale for tbe H.juso co utniltf-e to be considered in cv nu.it on Willi the pt ep4r-tti-ii of tiin UiHs b.il, are h:vi g ailcussiiL-n of i'l. p iLc:.j.lcs involved in the Mil's b it n the public priuts of M;'a hn- sel !. Mr. Whiting charges 'r Iij man with taking a local and Belnth viti.v of he matte-, alleging that the ch-tnges proposed in tho Mil s bill will woik for the inteiebt of the fac tory of Mr. Lvman. Mr. Whiting in 6i8is that Mr. Li.man is advocating "a Eelhsli and narrow policy. Ut sajs he thinks " hat "our Kew Eng laud people will nuke a grave politi cal blunder if "i hey seek to protect their own interests to ihe neglect of that of others." For himself he is too patriotic for that ! His heart is bo big thai, it takes in the whole country. He admits, however, that New England's interest is local and is in conflict with his policy. lii FtKwsa to the bill which the lie- publicin Senate committee, may in troduce as a substitute for the Mills bill, the North State says, at. least, 'it will provide for ;he protection of American industries, aud the elevation and bappinet-s of American labor Our friends, the enemy, are full of promises, their promises as to their bill remind us of he "Forty acres and a mule business soo.e years ago H w happy and prosperous we would all be under the wise and beneficent provisions of thia bill ! And yet it is to be feared that 0'ir friends, be en eniy, am not going to let their bill sen the light this sess ou It seems that they are go ng to withhold it Do thpy not realize that what Col D.x-kery calls '-our agonized coun try is suffering a terriblo straiu of agony because this very bill is not brought forward and pa-dT Is it possiblo that Co). Dixkery's party is gb-ng to In !"jui' agonizsd couotry" continue in her agony without even an cftj t at relief T It looks that way. The indejendent thought of New England is struggling ovor ihm ques tion : "If wise changes can be made through a revision of the tariff by which the advantage of the manufac turer and the people may go hand in hand and until now this has not been questioned shall they be de nied to us ?" The Springfield Republican says that if they are so denied, what be comes of the principles which make the grea est good of the greatest number the proud boast of the re public T The effort to compass the greatest good of all comprehends the only true national view of this ques tion, and political managers rhould be exceedingly careful not to Bee m to lift the weal of classes above that of the njases. I. is often very difficult to draw the lice as to what public inteu ets require shall be printed and what justice to ciiizons io fair standing re quires to bei omitted. In such niat te'ri tho Nfwsj ash Obsebvbu docs what its sense of justice prompts it to do. A misstatement otce pub lished cannot be corrected by any subsequent denial. Chairman Barhcm has told tho President that be hue looked caie fully atd thoroughly ove the field and is entirely satisfied that we will car.y Ntw Yoik, New Jersey, Con necticut aud Indiana, and he hopes fox largo gains iu tho northwest. He might t.ave add&d in New England also I he Gone Up Party will soon have a icit The poi traits of sundry secretaries of tbe navy have been painted for the Govemment; among them those of our North Carolina statesmen Hon. Win. A. Graham and Hon. James C. Dobbin. There ought also to be portraits of Gov- Branch and Judge Badger, both of whom he'd that of fice. Pebhaps after awhile, we may be I able to see the entire Cross statement 1 ia print. Although we Lave "entered a pretty plain dissent from Mr.: Walter Henry's conclusions in regard to the jurisdic tional ques ion a point for which Col. Fuller, with that genercsity that alwaj s characterizes his practice, .javo him in open court the full credit yet we know that it haa re ceived tbe endorsement of very high authority bejocd ihe limits of this State; and ccrtaiuly the argument is extremely clear, and is presented with unusual lucidity, l ie point is ably made by Mr. Henry and should largely em anca his reputation as a lawyer- . - Sus3et Cox is said to be on the opan way to t;.e mayoralty of New York. May his un never set. Tuts way of giving a synopsis of a statement may be convenient for publishers, but ihen . Croii il White State Court no Jurt- dlctioB. IUliios, N C , July 25, 1888 Editor Neics and Observer: lathe present condition of the pub io min i I take it that evorihing coQiiectel with the gceat trial that has just closed will be of interest to your readers. Iu that trial I raieed a Federal question to wit, that the State court had no juried ctiou to try Cross and White for the forgeries for which they stood indicied. It is true ihatJudgeA. C. Avery of the State court, but owing to tho peculiar circumstances surrounding the case I did not expect that Judge A. K). Avery would ao o hrwise. Many of your readers seem to think that, the point, has boen finally deter minsd Many have norer understood either ijfs importanca or its object. From tbe Judge's ruling on the point, tho dofeu lants have appealed to th i Supremo Court of North Caro Una, and then, if necessary, will ap ply to tho Suprera?) Court of the United States for a writ of error. Tha 25th section o the judiciary act, (Seo. 709 of the Revised Statutes of theU. S.) proridef; Where is drawn in question the validity of a statute of, or aa authority exer cised under any Stat, on the gr mnd of their be:n repugnant to the Con stilution. n uiias or'ias of the Uoi ted States, and t ,ti decision is iu favor of the r va'id.ty, the decision may be re examined and reversed oi amrmed in tho Supremo Court of the United St ites upon a writ of error, the citation being eigru d by the chief justice or judgo, or chauceHor of the Stato court, or by a justice of the Supreme Court of the United States, in the sama manner and under 'he same regulations, and tho writ shall have the same effect, as if the judg ment or dec ee complained ot had beea rendared or passed in a Circuit court, and the proceedings Upon re versal shall bo the same except, &?. But no other error shall be as signed or regarded as a ground of re versal in any case as aforesaid, than su:h as appears upon the face of tho record, and immediately respects the before mont oned question of validity of said statutes or authorities in dis pute, &0. Phillips' Pr. Sap. Court of U. S. Writs of error to State courts have never been allowed as of right. It ha always betn tbe practice to submit the tecord of the State court to a judge of this court whose duty- has been to ascertain upon examination whether any question con zible here on appeal was made and decided in the proper court of the State, and whether the case upon the face of the record will justify tbe allowance of the writ. (The record in tbe case of the State vs. Cross and White does show tuch a question ) Twitehell vs. the Com.; 7 Wallace U. S. li , 321; Spiers vs. Illinois, 123 U.S. 131. For procedure upon writs of error see Kiuuej's U. S. Digest; Danforth's U. S. Digest; Bapabju's Federal Di goft. It is too -much involved to state here. Tbe case cannot be heard by the Saprrrns Couit of tho United States in i ovular order under four years, in the meanwhile the defendants will be out on bail. They will be benefitted that much even if the point prove without force, but it will not prove without force. My position on this point has been fully endorsed by the grea'est jurist in America'. If the State court has no jurisdic tion the defendants cannot be further prosecuted, for the United States Cir cuit Court here cannot proceed be cause of the agreement made by F. H. Busbee, Esq., with' said defendants while in Canada. I respectfully submit two proposi tions from my brief on the question of jurisdiction, so that your readeis may determine the importance of the point for themselves. Brief as to the jurisdiction of the State court in the cases of forgery against Charles E. Cross and Samuel O. White. STATEMENT OF FACTS. Iu njp' ars from tfio record in the case ot the Mate against Chas. h. CrfB-j atd Saruuel C. White, ihat the said Cross was president, and the said White cachier of the State National Bank of Raleigh, North Carolinw; tiiat the alleged forged no es were executed by the said Cross and after wards assented to by said White, not for tbe purpose of any personal gain whatever, but finding taid bank in a rotten ard tottering condition said notes were executed, placed among the a3-cts of the bank, and entered upon the books of the bank for the purpose, and only for the puipose, of preventing d sgrace to the family and co'lause of said bank by deceiv ing the United S'ates bank examiner as to tho real condition of eaid bank. 1st proposition: Tbe exclusive ju tiad ctiou of Federal courts over mis conduct by officers of national banks as such, rests on broad grounds of policy, which should be considered in construing ' t-tut 'Uoi determining such offences. "The national bank system is on these grounds put on the same footing as the revenue system, and the reusoaing which excludes State interference with offences ' against the revenue system applies to offences against the national bank system. Tnus it has never been pretended that such incidents of smuggling as, if they were independent offences, would be cognizable in Slate courts, can be taken cognizance of by State courts when they are so incidental to smug gling. Thus a State oourt cannot take jurisdiction of an aseanlt on a revenue c nicer, wnicn is part of a smuggling advent ure, though it would be otherwise if the assault was on a private individual and not incidental to a smuggling adventure. lbe ! reason is that, if the S ate courts had jurisdiction, cot only would, we have as many cwns' ructions of our revenue statutes as we have u?en, but revenue-prosecutions would ba absorbed by Mate prosecutions If, for in stance, a State court took cognizance of the assault on the revenue officer, and if in such case the offender should be acquitted, this, if the jurisdiction was conceded, would bar the federal prosecution, wherever such assault, was an essential incident in the of fense It would not bo necessary, therefore, in order to nullify an ob noxious federal revenue statute, for the S ate to pass a statute of nullifi cation. All that would be needed would be for the State to prosecute for some integral element of the of fense and then to have an acqu ttn.1. And ven if there should be a convic tion, Ferious difficulties would be in the way of a federal proeocution. bo would it be with prosecutions under the national back law if in tegral incidents of such prosecutions could be taken possession of by u State court and theD prosecuted to conviction or ar qui tat. The forgery of the notes here in question was but an integral incident to the entry of such notes as part of tbe assets of the bank If the notes were cot forged then the entries were correct; it is an essential element of the falsi ty of the entries that the notes should have been forged. Hence, if the State inrif-diction, an acquittal in that court of the forgefy Dim, tho Federal prosecution for falsa entry. And' this is in accordance with the set tled rule that a prosecutor by select ing a special and essential incident of an offence for prosecutiou, is barred as to the aggregate offence, by an ac quittal of such incident, as or iu stance, if he prosecute for assault, in stead of an assault with intent to kill, the verdict in the former charge binds, if thn court baa jurisdiction, the latter charge. Presenting the cas-i to tho State court, therefore, would if tho State court had jurisdiction, oust the juris diction of the Federal cotiit of the charge of false entry; but as the juris diction of the Federal court of he charge of false entry cannot be ousted, it follows that the State court has no jurisdiction of tho forg ery without which there could have been no false entry. The only mode of preserving Federal juried ctiou over the false entry is by denying the State jurisdiction over he ques tion of falsily. If tbe State court hss conceded to it the function of dter rnin ng whether or no the entry was false or true, tho enforcement of of fences cgainat ou- national bank sys tem would pass from tbe Federal to the State courts, Bince the Federal courts would have to bow to the rulings of the State courts on the question whether tho alleged incul patory entry was false. Even to prosecutions under the Crimes Act, where the jurisdiction existing in State courts is reserved, this rule is applied in all cases iu which the offence is one sgainst ex clusively national policy. A fortiori ia this tne case where the statute creating the offence expressly exclude?, as in the present case, State jurisdiction. Supposing that the Federal and State courts have here concurrent jurisdiction, (which is denied) then, even on this view, the State couit, by taking jurisdiction, would oust the Federal courts from a jurisdiction cs sential to Federal polity. For, in cases of concurrent jurisdiction, the oourt first seizing the offence has con trol. But as the control of the State Court, in such a matter is inconsistent with the statutes and the polity of the United States, no uch concur -rene can be conceded, and hence the State prosecution must full. It may be said that when there is a Federal and a State aspect of a par tioular offence, thi Federal Court may prosecute for lbe one aspsct, apd the State Court for the other. Thip, however, only applies to caes whore an acquittal in the one cabe loea not bar prosecution in the other. 2d Proposition : Of all offenses not enumerated iu title 70, the Crimea Act, Rev. Stat, of U. S , tho Federal Court has exclusive jurisdiction by virtue of Seo. 711, Rev. Stat, of U. S which is in the following words : "The jurisdiction vested in the couits of the United States in the cases and proceedings hereinafter mentioned shall be exclusive of the courts of the several States first of all crimes and offenses cognizable under the authority of the United Stateb" (unless there be a saving clause in the statute giving the State concurrent jurisdiction). Of all offenses enumerated in title 70, Crimes Act, Rev. Stat, of the U. S , it is provided that the jurisdiction of the several State courts under the laws thereof shall not be taken away nor impaired. It appears therefore, that if we can show that the forgeries fo.-'which the said offenders stand indicted iti the State court were forgeries cognizable by tbe Federal court, uDder and by virtue of any section of the revised statutes of the United States not in cluded in title 70 of said crimes act, or under und by virtue of any stat ute not containing a clause saving the State's jurisdiction, then by force of section 711 revised sia'uies of the United States above set forth, and authorities cited, the Federal court has f x elusive jurisdiction to try said prif-ouers for said forgeries. By section 5,200 of the revised statutes of the United States sad section not being included in title 70 of Baid crimes act, it is provided that, "Every President, Director,: Cashier, j Agent etc , of any (bank-1 ing) association, who makes any false entry in any book, report or statement of the association with in tent in either cases to injure or de fraud the association or any other company, body politic, or corporate, or any individual person, or to de ceive any officer of the association, or any agent appointed to examine the affairs of any such association, and every person who with like in tent aids or abets any officer, elerk or agent in any violation of this section, shall be deemed guilty of a misde meanor, and shall be imprisoned not less than five years nor more than ten. The forging the notes mentioned in this case, if lo thing had beea done bu: tie "mere making" and if not made in pursuance of a plan to defraud tie State National Bank, would seemingly fall under section 5,479. title 70, of the said crimes act, the language cf which, so far as it applies, ia aa follows: "If any person shall faltlv make, forge, et ,or procure lo be falsely uiS'le. etc., any bondr security, affida vit or other writing for the purpose of defrauding bo United State?, that he shall bs punishable,-tc " Bat BomethiDg was done beside the "uiere making of sad rotes; they were entiled ou the books of tbe bsuk, eeprcially upon the journal ana o her book, threb, m tho lan guage cf section 5,209 cited above, "defrauding the association (and its depositors) and deceiving the agent appointed to exam ne the affairs of such association, and with intent SO to do." The making the false entries upon said bank books, as above set forth, constitutes forgery, if the notes were forged, and thereby brings this case withiu the purview of section 5,209 of the Revised Statutes of the United States a3 above cited, theieby giving the Federal Court exclusive jurisdic tion. Entering the said forged notes upoD the s vld bauk books was clearly part of ' the plan" of the offenders. The miking said notes and making said entries on said books constituted but one continuous transaction and but one offense, which culmicaud with the makiug of said false entrie-, thereby bringing said case in saiu section 5,209, thereby giving the Federal Court exclusive jurisdic tion. This must be so for the intent of the offenders, as admitted by the demurrer filed b tne Solicitor, was to deceive the asso ciation, the depositors aud the bank extiuiu. r. vvnhoutasjd entries this c iNl not lave Ikeu done It is a f uudtiiit-atal iiiinc'pi i of the criminal law that ihe net: -uurt accompany the iuteir nil b, wa' If it be true that t he Si a; e could have prosecuted for the f iUe luukirg of sai I note?, yet, as t1 e plsii p ogit'f.sed to the "making of tbe 'ale entries" of said forged notes ou i' aid books the offence, as a whole bee 'met cognizable by the Federal; Court, under said section 5209, arid it is ch ar that the State couit is ouvte.i ot its iarisdiction, if it ba i any action. a-, rti's sta-'i; of the irans- But up iLm furufnis were c-jt: !! !' it;-, content ihe notes were raa 1 .ws to '.ut . !:r. -t iho false eurr.t f, iug cadr, constituted forget y. Aud if s.. iii this Bli,', o-iid fame en tries bw'ir:g i-ofal-o b fcaust- bated upon sai l f irged net :.-, tfc- jurisdiction of the State Court v.c uld b ousted, as the forgery of -& d noter, if forgery, would be included iu ovd form pert of the fait, entry, of which false entry a-,;. I all of its incident, h.- Fed era' Couit has exclusive jurisdiction. W. R Hexbt. An Exp anatlon. K hat ia this ' nervous trouble" with which so many seem now to be afflicted? If you will remember a few yearu axo the word Malaria was comparatively un knowntoday it is as common as any word in the English language, yet this word covers only the meaning of an other word used by our forefathers in times past. So it is with neivous dis eases, as ihey and Malaria are intended to cover what out grandfather called Biliousneea, aud all are caused by trou bles that arise f roiiA diseased condition of the Liver which in performing its functions finding it cannot dispose of the bile through the ordinary channel ia compelled to pass off through the sys tem, causing nervous troubles Malaria, Bdious Fever, etc Yon who are suffer ing cau well appreciate a cure. A e re commsnd Green's August Flower. Its cures are marvelous Waix Papeu is cheaper just now than ever before. Will paper rooms complete (owing "o size) as follows : $6, $8 and $10 each, $12.50, $15 and $20 each. Prices named are one-half former prices. SpecialCare taken to do good work. Satisfaction guar anteed. Have on hand a large ttock and can st.it almost ccy tasU. Fted. A Watsoc art dealer and mu.iift.c tuiex of picture framea. C)deia so licited and prompt ! executed. 11 ckory Pre;-s: Oil' ne hotel is fast apptoaching completion List Saturday night i: was bt illi.'Ui lighted up iu all the rrotos ' no, lir. v to thud story, as a test f tho gas fixture:: just finish d li. vtw the first g ts ligb: Been in Hi kory, and it did its wi. rk most t ati.sfactorily. Hundreds of our citizens, tLtt, wtiu en. and childien, visited and aduircd the hotl and its arrangements from the cooking rane to the highes. bed chambor. It is a thing of beautyj and to the weary traveler will be a joy forever. CONSflPATION IS eaa4 fey a Trpld Liver not enough bile being excreted from tbe blood to produce nature's own cathartic. The iruincai of 'natlpa.tloa Ooes not consist Merely In unload ing tbe bowels. The medicine must not only act as a purgative, but be a tonic as well, and not pro duce after its use greater costiveness. To secure a regular habit of body without changing tbe diet or disorganizing the system "My attention, after surlerine with Constipa tion for two or three years, was called to Simmons L.iver regulator, anu, naviDg irieu almost every thing else, concluded to try i", I first took a wineglassiul and afterwards reduced the dose to a teasuooiiful, as per directions, after each meal. I found tliat tt had dor e me so much good that I continued it until I took two ttottles. Since then I have uot experienced any difficulty. I keep it la my house aud would not bo without it, but have no use fr it, it having cured me." eiaoBoa W. Sims, Assistant Clerk Superior Court, Bibb Co., Oa. KX AMI KB TO SWE TH AT TOU OITTHIO E NT INK, distinguished from all frauds and imitations by our red Z trade mark on front of wrapper, and on tbe side the teal and signature of J. H. Zeilin A Co. SPECIAL BARGAINS In fiuitiuga apd all varieties 1 made of custom 3 1- O TH IIV &. I. WIJXETROB, MERCHANT TAILOR, NO. 8 WEST MARTIN STREET, (Opposite Poetoffice.) Tbe best goods stylishly and substan tially made up at REDUCED PJUCpS. ( all and Bee me and examine goods an 1 find out prices for yourselves. The reduction In rates ia bona fide. Very respectfully, I. Winetrob 1 a V todxje-i'wik0 I 1 m r x TOMF.N s;;:- :. i I'li:; loss every time they wish clothes, clean li.ui.s. r a-.;-w others to do this work for them, vith- ut o.,.-., ,! ' l'Yi i:s rr.AKi.iNF. vasiuno- cujiiuy. an 1io:ks:. s r.ii-iufot .'..iu! ankle, which- does better work in less ti.iif and v.;:!i loss labor than an thing else known. FMAUl.lNL i . economical, but beware- of imitations. 11 ' "i V ; H -j - I 3 V. .' - iTT Tver-. i i in, rr-t r7" r-"-; SUMMER CONNELLY SPRINGS, BURKE COUNTY, NORTH CAROLINA. MEltONEY & I3ROT1IEH, Propr' Tiiis renarkable Soring was opened to tbe public Is itUkUrl among the foot hills of the Blue Kidge nellv Sitrinus Station. Burke Gountv. N . C. It is about 1KX) leet above the level of the ocean, in a delightful, salubrious climate. The Hotel ao eoromudattons are first class. The wnndeiful curative properties Of l tli N K1LY MfRlNGS have 1 readv made it famous . as an Alkaline v ater it Is equal tu the celebrated Buffalo Ltthia f prktgt of Virginia. It cures Oravei aud Gout aud other depraved disease of the system depenflent on the uric acid diathesis. It relieves Blight's Dise ve and Bladder finds relief in the use of this water. It Is . It Cures Oya vital energies. It Cures Dyspepsia and Nervous Diseases, quiets as acnaiyDeate water ana ionic it Haywood White Sulphur Springs. UNDER NKW at AN AQIMILNT. AVAYNESTILLE, N. C. Thelove!iet spot n all God's wonder land of beauty ! Nature's trundle-bed of recuperation I New 3 btory br ck hotel, 170 feet long, with veranda's 12 feet wide and 250 feet long. House handsomely furnished. Everything new, bright and clean. Ac commodations in every department strictly first-class in every particular. About 100 rooms, including drab!e cottages near main building. Special Arrangements will ba made for the Months of June and SeptemDer. Allen & Neville, Proprietors. Bcyling- Sliirts, A Complete Stock for Men and Boys. ALL STYLES. Pikes: 75c., SI. CO, $1.25, $1 50, ?2 00 and $2.50. GREAT BARGAINS. are still offered in summer hats, &c, to cloea out stock. New goods rece'ved very day. A large stock of Campaign .Beavers always on hand. Orders by telegraph filled promptly. Agents for ?he Stone Patent Adjustable Coat Collar Spring. Try one and you wont do without it. CLOTHIERS SHATTERS CITIZENS' TRUST COMPANY RALEIGKN., 0., Solicite and ia empowered to execute i TBTJSTS OF ALL KINDS. TO MAHAOE PKOFKHTY AS " Agent f o r Ownor- i; To Buy and Sell Property, COLLECT LOOK AFTER TAXES, I BUY AND SELL SECURITIES To issue negotiable certificates againts goods oq storage upon which money can be obtained at the Lowtwt Ruling Bate and to do all busineee usually dose by Trust Companies. a M. HA W K1N8, rrti.iO.ut. W. S. ANDEBSON, V Kv-Prxsiaeat. r. M. WHOIf, hi'. 4 Ut t ' mil J v a i 1 RESORTS. H. during tite kiimmer of tsws tnr tbe proprietors. It Mouutaius,ln fitly feetof the W. . in nn feet f uieW.A.cu. a.at tu- cures Diabetes, fcvei very efficacious In all diseases peculiar to women. rr aisease oi ine Manrva ana the nerves, gives peaceful sleep and restore the MERONEY &, BRO., Connelly Springs, Burke County, N. C. nas no equal, sena ior circular. REAL ESTATE FOR SALE. D FOB SALE. Ori i Monday, August ctb.isss, at the Comt floase door in kaleigh, N. C, 1 will sell at public outcry a tract or aarcel of tony acres of land, lo be cut off ot tbe north end of a tract of sss acres in Wake county adjoining Ihe lands of Madison Face's heirs, Wyatt 6 Taylor, Mis. Elizabeth Sater, V. W. Williams and axum Dunn, being part of tne lands of the late Napoleon Ii. Wil- liams In St. Matthews townshio. H&Im mailti pursuant to ludgntent of Wake Sunerior Court, rendered in the speecial proceeding entitled, A . ttyme. Administrator vs. ti A. Wil liams, et a No. 46S, to make real estate assetts. Terms pf sale : One fourth cash, residue oa a a credit of six months, with Interest at 8 per cent. Hour ot sale, 12 m. ANDREW SYSIE, Commissioner. A Convenient Place TO STOP: IVIOSELEY'S ' 120 Fmnivati 8t KAuusbv, Convenient for lawyers, becauae it's near the eapitol; convenient because you are comfortable with good fire ia your rooms; convenient for we have all the delcaciea of the season ; convenient to have eveiy thing at hand for Reasonable Rates. .i Convenient for every body who wuw a quiet quiet placa,to rest It's a convenient i.lare for we make everjbod? feel an pt home. Yon will Ijm Kdtisftid a . C O A L Thre Uandred and Fifteen Tods Arrived a few days since, second ship ment of that excellent Red Ash LOKBEKRY COAL For grates. Superior to any other anthracite coal. Two hundred tons Tennessee Soft, and one hundred W. Va. Splint. FIFTY CORDS DRY PINE, And two hundred best heart. Cut any length desired, or sold Jorg. dDUEf The beet illuminating oils, deliv ere from our patent oil tank wagon. No waste to purchaser. , PHIL. H. ANDREWS & CO WIRE RAILING AND OB NAMENTAL WIRE WORKS. irrir tjii sc oo.. No. 118 6c. US. North Howard street, Bal timore, manufacturer! of wire railing for oenseteries, balconies, r fto aievei , fenders, wires, wood and eoal ssraetw i wtrst cafe iron hsdaSeads, ssOiii, Ao WdDdDHD. 'I - J J
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 27, 1888, edition 1
2
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