North Carolina Newspapers

1 I 4-1 X- 4 . a . I bi . . ill I , II r i a w i i . i , i i i; : vi ii it il l II ii ii - ii i ii ii i ; i - TEUKS-Ib Atlrasuw I ' oxi Gort on year, ' - .11.50 " " six Bvmtlu. - - .86 P thro BMtha. , - .SO lob Pmtfcg of all Descriptions. SAMPLES and ESTIMATES furnished at One en Application VV.A. Lemi.y president. F. H. TRIES, W. T. VOOLER. arho-vja 7T tV3 T;.M .'m ! i 1 EUOENE E, GRAY, JA&, A. GRAY. Wachovia- IF Loan and Trust THE i. W1JST05, H. C. 1SEO. The United States Life Insurance Company. IK THE CITY OF NEW YORK. OFPICEB9 : ' i G"eor(?e H. Bnrtord, President. C. P. Fraleigh; - Secretary. A. Wheel wriKtt, Assistant HreUrJ. Wm. T.JBUndea, Aetnary. Arthur 0. Perry, - Cashier. John P. Mann. Medical Director. THE POLICIES of theU. S. Life Instance Company, in '-the City of New York, can be jused with the Company Or vBanks for larger sums than can the policies of any other Ule X Insurance Company in ' the country, which fact alone eviden ces their intrinsic value. E. JONES, In the City of Winston. Manager for N. C. Frank G. Brown, Hub oxi IXtlTXfl 1 Car load of Sugar. 1 1 Ship Stuff. Plant Bed Fertilizer. m ' 100 ll?s Low Prices! i 1 ay-rn ' 1ni1n Bolt 2 Car loads bf Flour. Also on hand, at all times. ? DOMESTICS, Calico, and all kinds Dress Goods. for every bodv, all ot Which I will sell at very close pices- Tii Jim and . I w4l money. ; Yours Prank 0. save you Truly, Brown, Corner Main and 4th Streets Winston, N. C. ITisstress After5 Eating, Indigestion, . Sick Headache, , ; Ami Dyspesia : Are cured by P. P. P.1 (Prickly Ash, Poke Root and ' Potassium) Abbotts East 1 Iraa PLAIDS, I ' ;' -' t - : ;I:M: "fillliJ -i ;. S M .. 'X---rXi:ft XxX'Wrr. Xx ti ; ' ' . 1 Ii . Hi''1:' ,:i ESTABLISHED 1879. Marplu A: ProfilM. 130.000 'j Areroce Uepmlta, 30O OOO Jas. A. Gray, Cashier. J. W. kuNTER, W. A LEMLI, S200.000. 1 t " Moneyf Loaned ' . . Tirongh as ctvo be Deposited in thia Iontitatioo subject to Check. Legal Depository "t For State and Court Fnnds and Ttronsftcts a General Banking Bus r inees. . t Collections - Promotlr made and Remitted. - Interest Paid on Time Deposits, BEST Burglar and Fire-Proof Vaults In the Utate of North Carolina. I DIBECTOKS : r. L. VaoRbb, Jm. A. Gray, - 3. M. Bogers, J. C. Baxton, O. H. Fogle. J. E. Oilmer. J. W. HanetV N. 8. Siewers Juo. F. Friea. W. H. Bsao. B. t. Reynolds. W. H. Fries. F. H. Fsrss. President. " ? . lis. A. Osat. Viee-President , it. F. Hairrnn. 8eo. and Treat. ieee FINANCE COMMITTEE. Geo. O. Williams; Pres. Chem. Nat. Bank. Jas. B Plam, - - Leather. iohtf. J. Tncker, - - Builder. E. Hi Perkins, Jr., Prest. . 'j Importers' and Traders' Nst Bank. AN OLD TIME kVANGELISTJ How Parson (-'arr wrlght Turn ij d a Dane" into Prayers. ' iJIcKndree Col lego, at Lebanon, has bm predated with an inter estipg relic in the shape of a pair 0f sadcle bag in which the famous itinerant preacher, Peter Cart weight, carried bis Bible and hymn book in bis horseback travels iu Seuthertf'Illinois. " . ; Parson Cartwright was a well kpown character in early days, and h.s pulpit ehqaence is still recalled by pwple who lived in Southern Illinois 60 years ags. His elo quence swayed multitudes ot peo ple at the old-time camp meeting iti Egvpt. When 'thoroughly arous ed by interruptions and abuse the parson became a veritable giant in strength. He would spring upop tho bully like a tiger and give him a' thrashing that was never forgot ten. After the bully was whipped the pugilistic preacher would sud denly change into a ministering abgel of mercy and dress the wounds of his victim. He would then offer a devout prayer for the salvation of the dan's soul, and if I uo uiu uui mine cuuybii, woicu 'he usually did, jhe effectually dis- riosed of a disturber. i ill x l t. i : . l I i A romantic story of Peter Cart- wright is related in connection with his early days as a preacher. When a boy in bis teens one night he stopped at a country house in southern Illinois for the night. The old fashioned farm house was pre pared for a dance. By the time youug Cartwright had eaten his iupper the largest room had been cleared for dancing.. 1 he pretty black-eyed daughter of the host walked straight up to the young stranger and asked him to lad in the dance. The remark able beauty and win&ioK manners Of the farmer s daughter for the moment mi stifled the youthful parson and he allowed himself to be led to the center of the room Before the "set" was complete, however the parson had time to Collect himself. When the musicians commenced to tone their fiddles the parson dropped upon bis knees and com tnncfd to pray. There was mirth at first, -but before it was closed there were tears in the eyes of those who had at first felt inclined to laugh. The result waa that the proposed dance was' turned into a revival meeting, and mauy of those preseut professed religion then and there. The farmer's pretty daugh ter, w bo chose the parson for hr partner in the dance that night, aft rard consented to be his pirt- wr in th journey of lif. Mae- contah (111.) Special. Judge V. S. O'B. Rvbiuon. Permit au o:d practionf r at the bar to f peak a kindly and pleasant word for Judge Robinson, who has just prsidtd at th term of Lin coin superior ouri.. ine judgf won the affection of the bar by his gonial aisposmou sua anaoie mair- ntrs, having all the warmth and enthusiasm of a genuine Irishman He is frank and fair and firm in all his raliog1?, and is a sound and sensible lawyer. The State has gained a gjcod judge in his eleva tion to thej bench. 9. in Charlotte Observer. ! r A ieSBicra'iC Isiaastry According to rail war statistics the numbei of train robbers in 1892 was sixteen,' in 1894 thirtv-three, un T-three, ill, pai tio rule and in 1893 thirty-four. Hull, tisane insifct that Democrat has not stimulatBd ittdastry, '.Kao cosTiNc'ap i&oii Eam wise. captions: Or Ik Acts PftMl ly l1 Gral lAiM-nsfMy off North B-low puWifb th Ctftfeea t tb Act. u pawei br th law 0trl A-emblj. Th me will b rrlBt-d ttnm wk w rk mil tta Cfttir I M l eo plW- TIC Unkmii I lb tnt papiUB Um jM to pobltok ib CapMnna oO. M - d oumDtM, nr -ttifc No. I aad wilt n'ill Isln'Bwl; orpftatj)f m4 8M Aetata uuninutMitiat tB twuk br i-onTnintl mfrTPHM 1 EUJ : ' .1 ill :t arv lines of irWittaton. Middle Fork and Broadbay ? townships, in the i county of Forsyth, State of North Cardlinf; Pata of Winston and Middle; Fork 'townships made a part of Bxoadfeay fownsbip, and parof WiiBtonfmde a part of Middle Fork township. 93. An abt for ItM; relief of the bondsmen of WiWJFleming. late sheriff of Orahan ootinty.' m. An act for Jtheasiief of J. D. A. Craig, late treasurer of Anson County. . -J -1; ' ' 95. An act to allow th working of conviction thp 'ppblic roads of Lancoln, U range, and Kandolph jounties. Persons sentenced by magistrates to Imprisonment in jail or for eo8ts, afBf all persons sentenced for ;term not longer than ten years nfal be put to work on public oad.8cpr4nii8sioners to provide means, e(ci ; jndge required to sentence; to work loads. 96. An act to amend the charter of the town of $dehtbn. ; 97. An act to authorize the com- missionen;of Alexander county to apply stock law funds to county in debtedness; i.U 98. An act to: incorporate the GarysburgUigb;Sehopl Company. 99. An act to incorporate Fried- en's EvangBlicaMjuthieran Church in (iuilfnrd coujatgr, sorth Caroli na.; Organized,; 1793; created a body politic : aBowadQ hold $10,- 000 worth pf prfeperty;, 1UU. An act for the relief of B. F. Wall, sheriff ;OE Anon county.. ; 101. An act to - provide : for the working ol convicts oi the public roads of McDowell county. 102. An act to amend the char ter ef SourhernffPinei, in Moore county. j ,: -If '! -Ji- ! lud. An act tQ extend time for' organization of the Holly Springs r J i r . uiuusua 4njprpyemHt company. 104. An; act to- incorporate the town of ifiooavjlle. J in Yadkin couuty. : 105. An act to repeal chapter 320 of the pubMo laws of 1893, re- laiing w sioci aw in ramuco county $ f 106. An; acti for working the public roads of 'Clay and Graham counties v!j h 107.; An act to repeal the charter of the Brunswick Bridge and Ferry Company." $ - f ,' 108. An-act to change the time of holding! Yackin Superior Court, and to limit thi? May term of Row- an bupenor Cort t one week. Yadkjn coprt to bgin Vin the ninth instead of jthe ith Monday , after th$ first 5fondy in j March ; May term of R')wan court ;o begin on tho tenth instead of ninth Monday after the first Monday in March, and con titjue one week. 109. Anact ia amend chapter 67. of the private laws of: 1893, regu lating tbe.liqupr.tratno lh Snelby, Clevelandlcounty; ; ! 11U. An act pj incorporate "The Retreat," it Ca16tt' K C. 111. An actio ameod an act to incornorate- the town; of Boring- hope, in th cjnnty ofash. 112. An act k incorporate the town of ?Bansyille .in Yancey county. I'. Hp; i iJ ... 113. An act; to prohibit the sale and manufacture of liquor in cer tain localities. Hi 1 114. An act to incorporate the Bank ot G;rnivtlle.' 1 1 115. An act to declare valid a deed of trnst Ixecntedl 5by Trinity College. .1 ' ;f:i:; ; t , 116. Ad. act ' to authorize the clerk of the Superior Court of Dur ham county to appoint a corpora tion guardian' of the. infant chil dren of Mis. Mary Ei Lyon, de ceased, withoqt bond.) . 117. An act to incorporate the town of MargatettsviUe, in North ampton cauntyVi : ii'i 118. Ad act for the relief of D. Gaddy, trustee of a special fnnd, raised under chapter 311, of the acts of 1891 J in Anson county. An aci to-proseci aeer yZrnuTinl 120. Aq act for the! relief of D. A. McGregor), late treasurer of the town of Wadesboro, ,i 121. Ad act to pennit the town of Darbatn tci collect '; arrears of taxes.. '.Jj rj ; 122. Aj$: actfor theotection of travelers on tt&biic i rbads against h.rh wl-fBrt Ri1&.0r nlAnVi .v. iiXr.r fence; failure to- do q a misde meanor; applies oolvl to Rowan, Swain, Haywood,; Blneo, Grau ville, Dalyiej ?- Catawba, Greene, Richmoud, iptbke, Rutherf-vd, Forsvth, Yadkin, Bruhfwick, Dur hjam, Wikei,! Stanlvi lAlamanc', Cumberlmid, jlredell and Macon couuties;,aci to take ff-ct Janua ry lt, 1896.: "Carol inal Matuii Firkt Insurance flomnarivi' o? -J Charlte. North n.S.n'''-t a' 5 Carolina.- . -s i9i a en, thJrii;f a tt Wm.Jr marshal of FEr.on C,itv. , .o- i.j.Ji.j Ri-TrLnhl'm-orLl n.k- wVi-J " 1" 126 Aior tii improve - ht..tu.m 1 -' il C An 4t to linirporate the . TLX,.Si,r.!af!nm. X.-., . pany 125 128. An alt ito restore six per' cent, as tl tae legal ; rate ; pi interest 1 . i i ; v m . for Nortli Ct6na. Sii per cent,! :lJr" i-i.jA:rT r tife tnteresfe or if mors naa oeen . i- . m a I paid recWr f tica ' raouut paid; ofjot JH7 . to be brougbi fir wo years i . uaoxious penalty maU ob M fnn , , au ; i v . w - . ii , THJs UNION ' BEPUSIICAN ESTABLISHED I NSTjO N. . ; M O RTH : ; .. 129. An act to repeal Bectioa 17 of chapter 12 of the private laws of 1893 (?) 1883 being an "act to incorporate the town of German ton, in Stokls county, N. C." j 1?50. An alt to repeal chaptei1 48 of the laws trf 1893. 131. An act to amend chapter 417, section first, jablic lawi of 193. Comniggionera of Stokes and Sarry counties to run line be- tvreen said eOQatieB darine 1895 . P AtL act to change the timet iI0V?e.e'ctioa a1 muoicipal olM- of municrpi . Bertie county. . 133. An act repealing chapter ; 57 of the public laws of 1S93; iD reference to'the stock law of New Hanover. ! 134 An act to furnish and equip the addition to the female depart ment of the North Carolina Insane Asylumu. 135. An act to amend section 1,597 of The; Code. 136. An act to establish a crimi nal court tobe composed of the counties of Buncome, Madison, Haywood and Henderson. 137. An act to amend chapter 55 of the laws of -1893, for the free passage of fish in Catawba river. 138. An act to amend chapter 172 of the liiwa of 1891, relative to protection of birds in certain coun ties. Davidson county exempted from bird lw. 139. An act to amend chapter 301 of the public laws of 1893, rela tive to the obstruction of certain streams in Moore county. 140. An- act to incorporate the North Wilkesboro Academical and Judicial Institute. " 141. An ct to amend chapter 164 of the laws of 1889. 142. An act for the relief of sheriffs and tax collectors of the State.' . jj 143. An act to fix a maximum schedule of charges for selling leaf tobacco by all the warehouses in North Carolina. Charges fixed : auction feed 15 cents on all piles of one hundred pounds or less, 25 cents cn all piles overone hundred pounds; weighing and handling, 10 cents pe pile, for piles of One hundred and less ; over one hun dred pounds, 10 cents per hun dred; commissions on gross sales not to exceed 2 J per cent ; all to bacco to fee weighed by sworn weigher; itemized account to be rendered toj each sel!er. 1-14. An Ret to amend chapter 120 of the private laws of 1893, re lating to Cujllowhee Normal School. 145. An (act to create a new township ip the county of Forsyth. Bethauia township created ; bound aries ; corporate powers. 146 An act to confer upon the Atlantic & Danville Railroad Com pany certain privileges, and to subject it tio certain rules and reg ulations, j 147.- An act for the Tehef of Law son Reynolds, a disabled Confed erate soldier. 14S. An at to incorporate "Ber tie Acadrhy," in Bertie couuty, State of NcTth Carolina. 149. An act to require railroads to rnit;em tmusfd tickts. Unused portions of round trip tickets to be redeemed ; used one way tickets to be redeemed at price paid for them ; mileage tickets, unused, to be re deemed, i , 160. An act to amend chapter 542, of the) lawi of 1891, which is entitled an act to prevent tho hunt ing of opossums between the fa ret day of February and the first day of October in each year. Adds Orange, Alamance, Durham, Cas well, and Guilford. , . 151. An! act to protect fish in the waters of Hicnland creek, in Hay wood county. 152. An act to regulate the time of holding the Superior Court of Cumberland .county. 153. An act to allow the commi sioners of! Montgomery county to sell the old jail building at Troy, .North Carolina. 154. An ao.t fof the relief ofJSam nel P. Austin, a disabled Confed erate soldier. 155. An act to amend chapter 277 of the laws of 1891, respecting the Superior Courts of Monroe county. 156. An act to incorporate the Columbus Draining Company. . 157. An act to incorporate the Wake Banking aud Security Co. 158. An act to change the fall term of the Superior Courts of tae 159. Ah act to establish a sys- tern of public roads for Madison county, f lbU. Anact to place tbe name of John W. -Quen, of Maobncoun ty.on the peusion roll. i 161. Ajn act to amend chapter 285 Of the laws of 1891. 162. Ajn act to pay D. H. Hamil v u' lum"lrlur. uu BccuulJl a -J aia a ! of twp cdrtifioates for attendance of fifth indicia! district, by, clerk of Orange Superior Court. 163. Au act for the relief of D L. Reynolds, former sheriff and tax collector of Buncombe county, ana nis sureties. 164- An act to authorize Joel II Futtoii, sheriff of Stokes county, to collect back taxes for 1891 and 1892 at : L!L!i I I ! of. &? one-half rm,w'; I lcK' 8 Uro CamP- i ground, m Lincoln county. i . " .A . . ' 16G- An act to prohibit tl jafactureaud ale of intoxicating i ; liquors within two-miles of Con 4ttrch. Q Caldwell county f 167. An act to prohibit the mau ' Rfacturf of intoxicating i Church of "Olivet, in Jio. 5 town- - 5ty - f 168 An act to amend chapter J jog- I icfl ;4 -L - a A. i.LKLV it. T! Yl V.??? n r lKtll LUWUS llfl. Ill fllKCOIl CfinnLT. i - - V 1. i . V. f :ZZA i W ".'ZZZ . f I 171. lAn act to change the time ilia iiitiirw Liin liu iiri mi m.jua. a.n ui ".r r r"v, wv!niogtrnJ ki'i iT. below tteld that the p4intiffs were fj'f Qlrt fnJoot -W ! 2P?J l010: P.. -frf art, in review oV tft appeal jot - EUBUt - I - - - ; t . , ftlWrUtUKtf 2TBXT wTEKr n ! ' ! C A R(ft Aj j ' I jr THE A LSSIGNMENT LAW. CoBCunlitc Oplaien dfj ! Asso ciate Justice If ruicbea As stated last! week Su- preme jonrc noias mat tine i act is limited to Dtaditidnal salla, assign meuts, mortgage! and eds in trust made to secure pn listing debts and obligations, mortgages lof the nature d that thejone before the! courtf growi ouit of the transaction itsnlf an xecvjted , do not tor a present conajderatidli come within thefoperstio ! of the act. 1 he act waa not lnit toil led to embrace transactions then the debt grows out of the trltp a action itself, and; is for a presenlt cor-sid- eration. ; if ' f , I TheChif Justse,. Justjcfe lurch es, Clark, and Montgomery ;agretd npon the decision; j JusticB j Avery files a dissenting opinio, holding that no properly ;;cur8t i tinted v case was before the court; Justice Clark AAtiAiiva Wtrh IrKHnn avtaar that the case waB'hotHprxperM !consti4 tuted. ! H1 No. 198, farthing vs. Cirri ngton, Concurring opinion of ;lurch- es, ii. ',!! Concurring in the opi jh of the court delivered by Jus qa Alont- gomery, I iregret that th is any of the reason wnv anvj mem court should f oei that was not authorized in this proc give his opinion as to t ling to proper construction of the Act af March 13th, 1895. i from the As we are bound to nroeeedinff before hi (ii we close - 9 . our eves to all other sonn as ot m- formation ) that it involves a mat ter of great interest to the business of (he State. , N ! The majn question, and the: one intended to be presented for our consideration is the construction of the Actof March 13tbj 1895, and four members -of the court have given their opinion, construing thisact to apply only tolpre-exist-ing debts,! at the time of ; making the mortgage or other sefciirity and not to debts made cotemjporaneous with and agreed at thi time of their making, to be thut secured. The otheii member of 'the court. for reasons which he j assigns, declines t express any Opinion as to the construction jt the Act. Then I take it; that the; qoustrur tion of th Act is settled so fjir as the opinion of four of HI Justice of this coirt can e ttlj: a question. But while tbi is sot two of the Justus are of the opinicjn that the question is not presented! in such way as to jutity the court in giving any opinion as tp! Us con struction, and ; this ia. the reason for my writing thi" opinion. The majority pf the cbiurt were eot inadvertent to the objections made by the minority. ' and for these reasons did not ni drtnke t'o render a formal judgai( tit, a0irm ing or overruling the ju'lgmeiit of the c'-urtlelow but Pirbnjy express ed their opiuidn 'As tothjt construe. iiou oi ine Acs. .nuj in ooing this wh thought we wr fully war ranted bv the precedents of this court and the inatter bfjthe tenure of the Judges ;! 14 N. C.pZ, is cited in the opinion of .the court as authority for; the actiph of the majority. The learned inembera of the court. Chief; Justice! Shepherd and Justices I Avery anjli Burwell, wno reuaerea ine opinion in inai matter, put it upon1, tjlie ground that it was "in the nature of a sub mission of the oontroyetsy in ref erence to theix terms 4f HHce, with- . r , . hi out a iormai action, ran la seems to be authority! for "he action of the majority bfi the pourt in this proceeding. ;But the niinority say not, for reason that waajjib response to a letter from the Governor as to a grave constitutional question, in which the public waa interested ; that it was not an adjudication as to the rights of the officers whose terms were ;in question, but the court felt that they would volun tarily accept the advice; as decisive. It is true ; that the Governor s letter to the court suggested an im portant question for its decision, and we think one proper for them to act upon ; out ne, bb : uovernor, had no interest in it. - His election or term, of office was in! no waj in volved. He did not order the elec tion, or hold the election. These were provided for by the Legisla ture. He could not add to or take one day; from the j; terms of the Judges, with or without the opin ion of tnis court. Ana it is con ceded that the opinion of this ourt in that iproceeding could not do so. uai tne opinion was given ne cause it involved a grate constitu tional question in whiljih the pnb- lie was interested, and because the court had; reasons i for; thinking that the parties really interested wished the opinion of thej court and would be governedj by it. . This waJ.iis 1 hT8 said, an im portant question and one, as I think, nrotmr to be decided bv this court. But itj was notpecesarj to the administration 6fi the courts. It is most peoKaWe; taiere would have been elections ibjld fof these oinces wunpuf. luib opinion, ana, ii there had notb-fen and in this way a vacancy had occurred, th Gov ernor was auhohaea jpy the Con stitution tcj fill it ; sij tie adminis tration oi justice won io nave gone on.- i I J I But agaip, at is CohU nded by the minority that Sectioijj 567 (of the Codi is only intended to do away with the formalities ibf oleadimr and to properly-cbhetitute a easy under this sectiOpi it ought to con tain sufficient averments to coueti tute a cause bf action upon which the court conld go to judgment. agree to;thi propositlion, but I do not agree. that' ttebbj vs. Hicks decided .that this;; term is in con flict with the action of! the majori ty of the court intMa cbbc. , In mti. xiicas, suntra, tne court : m - v l. j ti i a . plaintiffs wete of .the'opinion that jrhaotifE tibtajAaint fdtd nbt ftattf j. - a: gjl , m 1.JMi i 1872 and CONSOLIDATED WITH t-. r GREENSBORO NORTH? STATE DECEMBER 26tL 1892. HiU'kS DAY! i APRIL 18 1895.' a cause of action, and i'affirmed" (he judgment of thi court below. If is pot in point id thisicase, as I think. 1 But the action of thenaj0rity of the court in this casej Admitting as I do that there should be suffi cient averments to epatjljb the court to proceed to judgment that this does not prevent the court from giving its opinion I in ;-j case im portant to be decided, aijd that the court is sustained in its jftction, not only by the case in il l; N. C. 923, supra, nut also by sucnjcsises as the following: In McBryidM vs. Pat terson, 1 8 Is. C. 412, which was a contest .between clwldiMn of the -art me mother, some legjtimat and Btynie illegitimate, as i property, this court, Smith, C. JJ de.ivering the opinion, discu6s B iid decides the case upon its mt ritsj and then held that the appeal wis prema turely taken and dismisses the ; in state vs. uavisJ yj S. u. 77, in a caBe, coming up by uccegsive ippeals from a Justice s court to this court, upon the copetcuction Of a statute changing tlja presump tion of evidence, this j court fully iscueses the case upon th' merits and declared the act ; iu'constitu tioaal and void, Smith; C. J. deliv ering the opinion of he (fourt says : 4fWe have gone into the question i;h order to' settle the Question of the validity of the statute in ite application to the case before us, $ud because it will prac ically put an end to the litigatipn." The case was then dismissed for the reason that the special ferdict ap pealed from was not ; saflicient to found a judgment upon lu Uuilford Co., vs. Ua Co., 109 N. C. which was before this court simply upon a motion fbr a certi orari as a substitute for an appeal, in which the court disfiusBed aud decided the case upon! its meritB. Clark, J., delivering thjeopinion of the court, aud then irif used the motion of defendant .for the cer tiorari to bring the c.aise to this court. ; I Iu State vs. Taylor. 65 N.C. 569, a case involving the question as to whether a solicitor was lentitled to a 4 00 or $10 00 tax fe4 this court went into a full discussion of the ease upon its merits-f Asho, J., delivered the opinion the court, and clogeH ihe opinion! ls follows: But as the State has tjo rit;'it to appeal in. this case aiadift i.o in t;rct in the qu'stiouj h-i co is dismissed." i In Milling Co. vs. iFlndleV, 110 N.C4U, the court, Cfiark J , de livering the opinion, dilcusea th? case ou its rrerits and s;iitfti"i the the judgement belo, and then says the appeal is priaiature and cannot be sustained. U i ; In State Vs. Wvl.l.i,- 110 N. C. 500, being au iiidictnhji1t for biji tmv, the curt dicii4',-s and d-- id-s the caso upoiil ts merits Clark, J., delivering ijtle -opini-i, and tlwm dnmisses th4flileal upon the ground that the ajlj.lavit up n fthi-ch defendant appilili'-d was m- uflicieut to brinsi tlvttcii' tj th court. In State vs. Lockvitr, 9o X 033 which was an iiiUctmeHtJ'or ', ;X n:.. i: t... i. ri.:.,,i -i.,i. ! ' selling liquor iv tne apitai ciun of the City of tRaleigi;i the court thi.uglit it of sufficient;! public im- p 'jrtan'c", Smith! C. JJ delivering the opinion, to dincms and d"cid the case upon its.mecitk, in which hegivesthe following jreason for deciding a case not properly b ftro the court : " The f-ish of the parties that it should; be settled aiid the law declared! so that it might be observed in ill integrity," and then proceeded tb (dismiss the case because there Ss no judg ment in the court belpir, and none could be pronounced jby this court. There was no difficulty m un derstanding the poiut intended to be presented to the cop.rt by this case. ISo one has complained ot it on that account. Thed I repeat, treating this case as in no better condition than it would have been iii a regular action.with a complaint alleging all the facts j dontained in this submission, with a demurrer to the complaint, will, not the cases cited above justify t!fe court iu giving its opinion npbi the merits of the controversy,?! ?If it was of sufficient importanea! to decide whether a solicitor waS entitled to a four dollar fee or a ten dollar fee to induce the court to decide the case upon its merits, though it was before the court pa the appeal of the State, which the court say had no interest in th? question and no right to appeal, is not the ques tion presented by this case of suf ficient importance toj justify th court in giving its opinion upon the construction of jthia Act? If the construction of jap act of tb-' legislature changing "jth rule of evidence, as in Davis'! case, supra. was of suihcnwit importance to justify the court toi paBS upon it and declare an act ot Mhe legisla ture unconstitutional! 'becau'e it will practically put an end to the litigation" is not the Jmatter now before the court, wbi4h must ser iously affect the whH4 business in terest of the Statej :pu!Ticient t' justify the court in giving its opij. ion as to the coiistriji Jin of this statute? Or if the bxi- stion as to whether the CfpiUljdlub hail th rijrht to retail liquor Jwas of sufli- ci-nt public importiet t- justify th-? court in co;isiJ"lrilig ai-d pass ing upou the merits Jjf that case. when it was not befrf the court ii such a way as to jaikhorize th- court to pronounce any judgment, is not this case of siif4cient publift importance to jastiiy-the court in giving its opinion BSj' to the con struction' of the: Act of the 13th of March 1S95? Mi ; .... , i .) .. . ; cut it is conienoec tnese esses do not apply for tpe reason that, although the courts gave its cpin ion when it had no cnee projieHy constituted before,' it, the court after , giving the dpjtiout in tha oases referred to thajm dismissed the appeals i and 1 a j to whether this waa more consistent with the -yt bt my btVVhrVp. whtJ difiW with the majority, I will not jjre tend to say, as I am not dealing with that question. But it itssid the court should have reversal or affirmed the judgment below f:hat there is no middle ground, i itjid the court in the cases cited strive reverse or affirm the judgments below? But supposing this j may not be considered an answer to tbis position that the court should have reversed or affirmed the judg ment in the Court below; I wih to give my own answer to this prop, osition. It is contended hv-: the minority that the ckbo. does not t tate facts suflicient to authr5ze(a judgment, aud the judgment pro nounced thereon is a nullity.:' If they are correct iu this; position, then no judgment we could have pronounced here would have made it valid. There was no use in shoot ing at a dead duck. And if there isa sufficient statement of facta to authorize the judgment below, then their whole theorv that- the court was wrong in passing UP011 the question, fails and falls to the ground. Which horn do they take? But again, if the court had th right to consider it and then die miss it, as in Davis' case, in Tay lor's case, in Locky ear's case, supra, or in the CaBe of the County of Guilford vs. The Georgia Co., supra when it was only before the court on an application ibr a certiorari to bring it to this court did. not the court have the right to consider this case without dismissing it? Does not the greater include the leep, whether it is called middle ground or not? I I have not undertaken to argue the construction Of the At jt as given by the court. So 'far as I know, there is no difference of opinion as to this. I say, so far as I know, as I am not authorized to speak for Justice Avery ore this point. But I have only endeavor ed to show that the court is justi fied by precedent in the action it has taken in this case. ; ' But I will say, in passing rom this case, that in mv opinions the Act of the 13th of March, 18)5 is so little like the statute of i3tb, Eliz. (Code Sec. 1545) that it would hardly be safe to reason from the analogy of that statute, tctcon strne the Act of the 13th of March. Tho statute of Elizabeth dws;not avoid any conveyance, unless there is nn intent to defraud or .delay the payment of th creditors of the niakr-r, atsd then such credijtorr must be defrauded, hind'-redj and delayed, or the conveyance is alid This statute, without regsrd f,o in tent or as to whether bdv qre is damaged or not, declares tho con veyance utterly void, if the rnaker is indebted to any one else at 'the time of making the same, i The ew .In-licf. 1 I (lOV-TIl 'General ( T Carr nsk'-ol Aftfirpey ilcriie for finopinji , to wl;eth-r if the ad'liti-nal us- I tit'eg ot the peace t-U Ct' d bfr w : t;ite l.e-jiMnture iHiieil t qtiafiity !n or l-f,.r April lst.there-p wire : c atnl vacanrieg which be had a rrk'fit t- nu. l tiere were j.Miy sucn iticPR el, -ct.;d and tho acjfc said trjey were to qualify on or befpre Abril I .-1 . Very few of then have qalifi-'d. The Attorney Gfnejral irtys mere d-lity in qualifying does hft in itself work a forfeiture ; of -ofice. advises that, where thtse bkilat i ve appointeeg have by; t ht-ir wn ueglig-iu:e failejt to qualify, it! matters not how long afterfApril t, and still fail todbso, thif Gov ernor stiouid-appoint, to nil tpe fiico thus vacant. If before his appointees qualify the legislative abpjinteeg qualify the lattejjr have toe better title, while if the Gov efnor s appointees quality hxM they have the better . title. ;lf th delay in qualifying is not due to the negligence of the legislature appointees because they were not notified in time to qualify April 1st then the Governor should not appoint. This case has aroused very gr.at interest. The Attorney General's opinion gives thj legis lative appointees the insidditrack Broad Acres MatrrddHt One of the difficulties of pur far myrs is that they try to coyer too much ground they would make more clear money on a farm of 100 acres well fertilized than they can hope to make on 500 acres ; indif ferently cultivated and fertilized. The small farmer who raises his own supplies at home and does not starve nis iaua can mate money tho big farmer with his itcire ac counts and broad acres niot;frtihz- edisltouud to lose m'ney and A great d- al of it. Charleston News and C-purnr. A Juke In tumrf i i ; Australia has a poet office named 'Talking Rock." The origin of the name is .thus stat4di: i; Seme olio discovered m the. vacinity Urg-j stone upon which had beer, paiut-d the words "Tura i ovef." It required considerable (strength to -accomplish this, and when it was done the command, Turnme back, nnd li t me fo j Borneo iie else,' was found painted on this other side of the stone. I C VTAUHH CANNOT I5E,k;tvKF.p wit h LOCAL APPLICATIONS M ther ciiinoi reaen the seat of ao divine. Catarrh is a blood or coustitntiOnal diese, and in order to Hre ifc roil mnsttak internal rrmeilu-fl. II all's Ca'arrh Care is taken interuallT. al acis directly on the blood and iu noons f nrfaces. Hall's Catarrh Cure ia not a quack medicine. It was: prescribed bj one of the best plwsiciatu in thin eoantrr for years, .and is a regular pr.scripUon. It is comppsed 'of th beat tonics known, Cjbmbind jwith th best blood pnnfieTs, actjnpuliroctij on the mnooua anrfacea. ,-Tb- perfect combination cl the two Sagredients it what proJucn inch wonderful rw(Att io earing Catarrh, Send feu testimo nials, free. F. J. CHfcVEY 4CO. Toledo, a i i PropS, NO. 1 6. Highest of all ia Leavening Pjr Latest U. S. Gov't Report ABSOLUTELY DEMOCRAT ON DEMOCRACY I - i - FrnUk Coafebsion of the Drt-per-u're StraitMn Wbiclithe Paitr j'iud Iim If. The Philadelphia TimB (Dem ). editetl by Golcnel A. Kl McClure, iu a j leading editorial headed "Is Tt. Cliaoa iM Tlexth?" cai-i f The attitjudo of the Democratic organization before; the country today is that of utter chaos, and the 6nly problem for the leaders to solve is (whether that once great! party can joe. restored to respect and j usefulness, or; whether the seautel of ' its chaotic conditini. Bhall efface it from the history of American! politics. To-day the Democratic party has not a single hopeful State north of. Mason and ; DiYn a li,rip if. hm -viot a Qinfrla' UJri o.-.: ..t-i f,. u-'uqiut oittLo iu iuu t esi. jiuu me Southern States are all trembling in the throes of threatened revolu- tionj" ; The party has been condemned by the pejople with rn emphasis that; has never been approached in trje history of our political con tests audi the overwhelming defeat in 194 called out no statesman shipUn the Democratic eounsels in CorgresB B,nd intensified the mad ne68 of Democratic lawmakers in. stead of cfaastening and .recalling them to the lines of patriotism. But tor the heroic intetrritv and patrotisn of President Cleveland, the jcredit of the Nation would have; beep dishonored, and bnsi- neBsr chaos and general distrust must have prevailed throughout the land. ', No party thus poisoned with dishonesty , in its very vitals can survive, and if there is to be a Democratic party in the future it must be promptly organized on the basii of honest government, honest monpy, honest taxes and hoLest elections.! Perfidy or Murdering n Republican statesmanship will iot fettoije the Democracy to pub ic ci'ftfidtnce. It may destroy the RepjjibliCflu organization, but it wiiljnftt revive Dtmocracv. It;mut be in a position to com mand thie honest men of every political jfaith or it must die, and f iticaniiot retrieve its honor and ts fidelity to the country the soon er ic shall die tho better it will be or ts followed. - Ttie tipie has cojne wh n intel igeit and considerate men will castparty lines to the winds to stistaiithe integrity of the Nation al fkithiand the trai ouiiitv of usiiif-f-s'i aiul trade. The Tinus wnlif-upnort no man lor- President n jsfM'i iw'i is not fjuarev for hoi.fst niii!i-', for that ih the par- am-unt is?ie. The tariff quest ic-n is s;ttieclj not only tor the preset t, but If or-tile future. National and Stati! credit must be established so clearly and p"B-., itivily tHat the wln-le world will? accjfpt it ; failu g in that we niuct pay our thousand of millions of oblfgatidus lield abroad,' not one- half of wirnch c -uid be paid with all (he pjioney of ev-.-rv -kind now. m tptisUjnce in the country. Ibis is the issue the Democracy mu-t fact, and it must face it now. If it fils to do so it must die. With thej'Detnocratic leaders rests the solition of the problem whether thefpregpnt overthrow of Democ racy shall be temporary chaos or deaith.i Which shall it be? plaits Carried on Wires. 3flr. Richard E. Shernjan, a Chi cago electrician, has invented a plfl&i to carry the mails through tnaair oy means ot eitctnc cars .... - trajveling on a wire cable. The in- 1 . i . veijior Bays ne nas aiscoverca a neW principle of harnessing th? elefetric current without the use of a return wire. lie has succeeded in convincing the postal authori ties that his plan is practical. Mr. Sherman s description of hi combined motor and carrier is ajsffol-lowB : . ' The whole arrangement weighs Spotinds. The motor alone weighs 1st pounds, and its Bf ength is one fourth horse power. f 'It will be operated by a single wire (without a return circut. r'Ajll parts of the carrier except tqe motor are made of aluminium Thenars are detachable from the frame and cat. be taken out and changed in ten seconds.. The motors will ! climb au incline of 20 per es ut fhe speed as regulated be fOre 'the carrier is started on its by simple attachment. It will M'P run no faster down grade than up It cannot jump oU the wire even at a sped of 100 miles a;u hour I "The power required to operate tie 'carriers at . a speed of 6ixty miles au hour is exactly ; tho same a is required to run an ordinary a-c jight. New lurk. Telegram. j Cremation service are cfticially decided by Masonic authority not to H) Christian burial. j Those who never read the a.l vf.-rtise-ments in their newspapers Kii'a more tksm they presume . Johoathau Ken i4on; of B0I1&, Worth Co., ho had bee a tronbleil with rhenmatixm in his biiclc, arms and shoulders; re a-1 an kt-tu 19 bis paper ahont how a prominent (lerihan citizen of Ft. Madison had bieenj cured. He1 procured the same naelicine, . and to nee his own wonls: fit jcurod me right up." He also sky&l "A neighbor and his wife were both! sick in bai with rhenmaism. Their boy was over to mj house and afctdi they were so bad that he had to do the cooking. I told him of Cham ber) aio 'a Pain Balm and how it hail oared me, he procured bottle of it and I It eared them up In week. 50 aenli -bottles fori sale bv Ashcrafl A RATES OP ADVERTISING:! Oaa BqnaM, on insertion, . - 1,08 two " .-1.60 on month. - - - S.CO Two Bqr bs, on insertion, 1.60 " two " - . 2.60 ' " one month, " - - 6.00 Quabtxb CoLtrm, one month, 8.00 " " three months, 12.00 " - six months, - 22.60 " twelve - 40.00 Halt CottniR, one month, - -16.00 " " three months, - 22.60 " " six months, - r 40.00 " . " twelve montLs, - 80 C0 Col. 1 month, $25 I Col. months 70 Smooths, 601 12 mpnths 120' PUBE V0IC OF THE PEOPLE. irrs For vievi r'prmxibe. i ti'iiltiT i not im-rtuuid i ion viusl he 'tixump-iniinl by t'.hor h, V, if ntft f,,r f,t,ljli'- itim (ts a 'Jll'iriirtte Slot. Coti'ift Lelit-r, Retros. ct always reveals many wonderful") change s wrought by time. The? history of Prestonville furnishes an interc6tii)r examnle.' j During tl;.) latter 'part of the '70's it was a tl urifching village, withJ2 tobacco factories, 2 registered, whibkey r i-tii If riep, 4 etor-s, an !lu:1 ber r f ealoon's, ' black - photograph galleriea, fir many miles from tijii visited and p&trn ;'' . Any Saturday one t f rom one to tbrpehnn- , L.. ' , , n ' . . I COUld C jU drtd pe(,T, ;0rti3e gtrrrts. On anv , . public or-i -ic ion i!.ia number was swelled to -reat multitude. One . rmjurkttj '. if. ature of its history was the I'.-. n;. nse. crowds that al ways ga?! r- d there. There was an element f, uci.g those who came very ui.L: t the good Samaritan of old. Tiitj, t ok rr.ore pleasure in maiming i i r brother by the way eide than in niinisteriug to his wants aft-r he was maimed.' They did hot i -i .i,d to be a lawless peo ple, but t: y seemed at all times anxious t measure their fckill and prowiee w.th'their'fellow-man. He who wi t; not fight was a coward, andv. ab u spi6ed; he who fought aiidwa .! uated was praised forhis couiap-, i. ;d he who won the fight wasidVl.L:d: That old spirit of lionizu he man who could de feat, hie. f-ilowsin physical combat was K-cli;:ed, and Soon. Preston ville w:.b : amoU9 for fights, affrays and r-v ' ism. Who haeiiot heard of it ir. t.. fee days as a place where aetra;., : -niuf-t figb't i he would win." I ill not say"thht it was this t!.. t aused the dofwnfall "of the pi. The moralist can- at tribute i-1 the large niiiniber of salooi v, ith the dislilleries on 'ither ti- ,or to th gampjlirg that reach- ; those proportioiJB that it was d- ;.e openly bv the strfet side. and o lamp' went dowi. : r:uudas. At any mte the .f prosperity flickered and out. ... I he distilleries shut1 the 'factones elosed. the mer- chants wMit but of business, the caloni.s ! ' rv" of Rom- t. and r.-it- tlier" is i (iustri:-1 ri-hedanfl life and "glo-( ' vil'.'il'-parted. Like and riji-tieil arid fell k- ii 1 1 si pple. To-day t a s-t-ir--' i- rj r-- . saloon- or in iii the, place. sj etui li ,. law . IpUu fair hi It- r tlian be -,Il0W- V-T, 'ibi(1ii,a to bu M ; t 'S II z--i,; fore. R- v. v m. IU rry, ihe. blind ins cenvt-rted of the lories i','to a C'hurt-hjand ? " each Sunday, aud ' i "lias ' organized a Sun I; II" is doinsf much I he Churchea of your i.well to take a-special 'o aid him in the work i.lirheguu. I ii,iike this from a disiiiterni-t'd pfHicher, bncco f i- preaches,. in additu day Scb'i' good, Bll'fi city wjil Collectl'j.1. . which b- ' suggest jo sl:mdpoi) I find t- farmers in this part of j t ry busy. The severe' lat" spring hnjve left i', limit e(; tune iu which at deal. It look like a the coun winter an them oii! tO do a full crop - .f corn and tobacco will be plant- 1. Much j- )iici?rn has been felt jre cently aiiiOng those who j are in debt r-sp -c-'mg the report that the late I.ej. slature abolished the mortgag system. It is claimed that m,an ' will be compelled to abandon heir crops unless they can obtai i guano, provisions, tc, bygivim.' a mortgage. I'nder this gold stan lard , administration the mortgage is the currency of the poor faro ' r. After he has sold hie tobacco r Cleveland prices and applied t .e proceeds to the pay ment of his debts, it is like veiling his star of hope to deny him the use of the mortgage the'only means by whi'ch.-he can sustain himself and-family while he toils for anoth-r season. , - The Republicans ' of. eastern Stokes at ; almost unanimously in favor of ome legislation leading to the r loratiou of Silver. They want cor .age free aud unlimited, or . somn'-i.hirg approximating it. This feel r,g is general among the farmers! ;;nd laborers. The Repub lican party will make a mistake if it does n t take some advance step in this direction. ; 1 The death angel has visiti d this cojnmumity several times during the past v. cek. The following deaths are reported. Near this place April 4th, a little daughter of Mr. and Mrs Kufi s Carter. April 5th, Mr. Samuel (Steele, an aged and highly, esteem- ii oitiz n. April 5th, near Sandy lt -li,-", a little daughter of Mr., ai t) Mrs. Jihn Ilutcherson. D. a'h c el by sw allow iuga num ber of n; :ch heads. We extend our jymptL;- to a'.l of tho bereaved. - Conur -man Settle isjreceiving much pr .iehere forhis recent ef forts in tUe House of Represent.' tives to i'"fcat the appniprjation of 50,000f -r the "fraud fund." The average Stokesites hangs his hitch string on the outside to Deputy Collectors or other appointees of the CollK'-tor of Internal Revenue, but ho hi'. teg w iUi au awful hatred the "noif r" who is being fed from , the "frakid fund." " A'ox. Presti ville, N. C, April 8, '95. i : - , The Ix-.-tt that can be said for the. Gubernatorial steal of the Tennes see Democrats is that it is not a unanimous aJair. NVashin'gto'a PVSfcjIrjd. Powdoir, yW by PrnggmtBi prrcw TB4 ;. ;-. : J - - i S I j-- -' - ' -.1. -- '! !:' ,1 i 1-!