tnia fapkb
oiroa irawroa.
-nW4CBlPTlOWS.WTAaE PAID.
J5 00 HIx mcmtaa, f250 ; Thr-
si V fflontb' 60 9tntt
" er will ba delivered by carriers,
JVfebinanj pari of the city, at the
....u.orl3eettiprirML t
rttM lowudliberu
ribrt will pleas report any and
to reeeire their papera regularly.
,1 tiin'M
OPERA HOU5E.
-1 .
the RECORD OF OUR LAST VISIT A
GUARANTIEE FPU THIS ONE.
Thinrfar, Friday and Saturday Jf Ibfa and
Saturday Matinee.
.,
ro-azeraentcftbe Dhtingui!.?! Artist,
AD& GRAY,
rnnortrf hjCh"- A. Watkins' Fifth Are
i,rr nue Company. ,
iJlGIwJ -js
-.,, sizht Benefit of Mia Ada OrJy
turday Matinee-TIIE NEW MAODAI
,EN
The
'imn-nrl HARITr.
,
- fl f f .11 , M
I'mal prices oi aamu?iou wm preau.
gcafc can be secured without extra charge
Bookstore.
Secure Matinee Ticket at . Hcinaberper't
without extra charge and avoH the ruah at
mch U-3t-m th-iri "
8hip Notice,
0 AtK. artlett, at Bd dbh v,','""jr
i.f th'ir e ;tracug will be p3 tht
Cutai-r .o HAifctvlo A CO ,
Full Stock.
iifcSdO0'i8, LOW r:C--. It ij
iffjjt e tumpflr Ci dermd in ek)j
liv Cflica and Faajy'- atienery, fcchooJ.
Black a d MUco laaeoua B oka, Fancy At
telei, Pi:tu e Fr-mta in a!oek aod iaada tO'
Organs on the lnatalut Plan, at
Yates' Book Store.
BthU
Family Bibles.
JJI'tfTKST.MBTrf,
Fl Ims asd Bjaua, :
B oka o Worths,
'.;" Baptlft IJyxi okf.
CViaoa Prayt-r ard fynmalc,
Va hdnt Hymn Pcoka,
C tholio Prajrex Bock?,
l or tale at
H FINS 3 RUSK'd, ...
cd U Live Book 8ore.,
"Pride oi the Pantry".
Another lot' of t'ais
Celebrated Flour
Just receixed,
Fresh and Sweet
It has no equal
m thig market for family purposes.
Join r.. 3 ighU
11 1 15 North front 8
fla.t Liquors.
Barkl.r &
Palo Ale, '
iP's SL Iiouis" Lager,
i
er Export Beer, i
Wines,
lute Sen
014 Coz k Golden Sherrr,
Madeira, - .
Stir Cadiz Sherry,
Old Oporto PorK
,0gtlr with nil Tmn(
For sale low bv t
P, L. 80ATWHIGHT,
f. II & lis N." Front S.
sea.
TO
A.J
VOL. VI
.LOCAL NSWS.
lirv Advertneincr.
J L Bo ATTTBianT "Pride of the Pantrj"
Ceo IIi.RRi33& Co Ship Notice
Opera. House Ada Gray
Ueixsbeugek Family Eibles
C W Yate3 FuU Stock
A SnninK Spring Styles
For other locals see fourth pogt.
lUrvr to lc your own painter: Buy the
Y. Kuaraoi Paint, ready .mixed and
vrarrant-eil it Jacobi'?. t .
i lie c zar Kllii
Inforrn il ion yras rerfciTeti here -yesterday
to 1 lie eGocl ibat Alexander II,
Czar of Itussia, wns killed on that day
by a mob of Nihilists. He was iu his
carriage, surrounded by his guard, when
attacked. A hand grenade v;:s tlirown
and this faiiincr in ltsobiect, h was at
tacked and cut to death. Thesi nre al
the particulars we could learn, although
wc have unsucccsstully endeavored to ob
tain them by telegraph.
In Distress.
The scbooner Georrf If. Jitnt, "Cap
taiu Ilazilton, from New York to Port
Royal with cargo of guano, put in at
this port this morning leaking badly.
The entire cargo will have to be dis
chargad. The Captain has consigned
his vessel to Messrs. Geo. Harrlss & Co
The Nor. barque Morvtg, Capt. Mat-
thiesen, frqm Liverpool for this port
with cargo of ealt on January 18th, ar
rived here this morning with topmasts
and sails gone. The vessel is consigned
to Messrs. .Heide & Co., and a survey Las
been ordered on her.
Wc advise, our friends to cull at Jacobi's
for Household Ilardware of every descrip
tion. There you get the lowest prices, f
Death on the Rait.
Saturday last Giddona Rhodes, Jr.
colored, v. as accidentally killed near
Dawson Landing, on the Cape Fear river,
about 80 miles from this city. The de
ceased had been riding on the trucks of
the timber cars on a railro&d about 12
miles long, used by Mr. O Y. Wilson,
of this city, for hauling timber to the
river landing, when he lost his balance
aad fell off, tne wheels passing over his
head, killing him instantly. The engi
neer stopped the train as soon as possible
and carried the corpse of the unfortunate
man back to Dawson's.
Tragedy at Abbottsburs.
We regret to learn that Mr. J. W.
McLeod, a prominent citizen of Abbotts
burg,met with a suddenand tragic death
at the above named place yesterday af
ternoon under the following circum
stances; It seems that a car had been
sent to Abbottsburg by the Railroad
Company for McLeod to load with shin
gles and that on Saturday afternoon
Mr. Dan Thompson, a hotel keeper in
the village, ondeavored to appropriate
the car to his own use. To this Mr. Mc
Leod objected and protested in a very
mild way; an altercation ensued which
resulted in Mr. McLeod's being knocked
off the car by Thompson on the rails, his
head striking and producing a fracture
of the skull, from which the injured man
died yesterday afternoon. The same re
port says the assailant Thompson fled to
the woods and has not since been heard of.
Church liedtcaiicn.
, The first Congregational Church, on
Nun, between Sixth and Seventh
streets, was dedicated on Saturday night.
The Rev. J. D.Taylor read the Scrip
tures, Iter. C.Wood worth, Boston, preach-
1 the sermon and Rev. J. R.. Wilson,
D, I)., said the dedicatory paayer. Mr.
J. J. Howard Gregory, of Marblehead,
Mass., tta genthman who had mads
such liberal donations incognito, accc m
panied by his wife, arrived in the city cn
Saturday, and was present at the services
as were also Miss Annie K. Farrington,
who gave the Communion table and Mrs
A. M. Woodman, who donates the pul
pit. The pulpit chairs were a present
Irom Deacon J. S. Holt's Sabbath schoo
class, ol the First Congregational Church
Lowell, Mass. Mi.S.B.Weston,ofNasaua
N.Q., was the master mason in charge
of the trick work ofvthe ehurch. He
taaght some new ideas to the bricklayers
in this city, which they think are a great
improvement over over the old ideas, and
donated a part of his labor. Mr.
Gregory delivered a congratulatory ad
dress after the sermon and expressed
himself weH pleascd with the church.
Go to Jacobi's for Doors, Sash and
Blind, pure White Lead, Oils, Varnishes
Window data, all size. All at the lowest
prices; ; , -' ; . r " ' t
a 1 -t' . J , -, j I
4 -
Wilmington; n. c,
THE MARKET MUDDLE.
Opinions Submitted to Usjor Fish
blatc by Hun. Geo. Darts, MJ Dc
Tane. Messrs Russell t R cand and
Messrs- McRae& Strange.
II ox. Geo. Davi?.
' llon.S. H. Fishblate, Mayor Sir
I have very carefally considered the ques
tions submitted to me by you in relation
to tho late acts regulating the sale of
marketable articles in this and other
cities, and respectfully report my conclu
sions. . ' '
. Question 1. What are thQ effect and
operation of these ucts upon the sanitary
powers and regulations ot tho city?
The language of the supplemental act
.s as follows:
"That section first of said act (the
original act) shall not be construed to
interfere with proper sanitary regulations
adopted by the Mayor and Board of Al
dermen of the cities or Wilmington,
Larboro and , New Berne under the
direction of the xity physicians and
Board of Health."
When a bill is passed through ? both
houses of the 'Legislature within a few
hours ef a single morning's session, on
the day of its first introduction, there is
no time for an intelligent comparison of
its provisions with the existing laws up
on the same subject, aud confusion is the
inevitable result. Who are the persons
meant by the term "the city physicians,"
4tho are to have an important influence
in. measures relating to the public health
Aro they the resident physicians of the
cities? And if so, all of them? Or only
those qualified to be members oL the
Boards of Health? Or are they indmd
ual physicians in - those ,c:ties supposed
to be sufficiently indicated by thai term?
Whatever obscurity there may be in
other respects, one thing at least is cer
tain. This provision must have the
same interpretation in all of the named
cures, it cannot mean one thing in-
Wilmington and another and different
thing m larboro and New Berne. 11
there was any person known to the law,
or porhaps kaown in common parlance,
in all of the three cities, as "the city
physician," we might with some conn
dence conclude that they were the per
sons intended. TBut there is certainly
no such office or title known to the law
in any of these cities, and as far as I have
been able to ascertain, none so known in
common parlance. The act of 17th
March, 1875, chap. 101, provides
"That there shall be a Superintendent of
Health for the city ol Wilmington to be
appointed by the Mayor of said city,
ice. And by section 7 it is made his
duty to see that the health ordinances of
the Mayor and Aldermen are carried in
to execution. No where in the act is he
called ''physician," the requirement be
ins that he "shall be a graduate of some
of the schools of medicine in good stand
ing." This ajct extends to Wilmington
alone, and I have not been able to find
any similar act for Tarboro or New
Berne. The act of 14th March 1879,
chap. 117, establishes a Board of Health
m every county of the State.directs that it
shall be composed of all physicians eligi
ble in the State Medical Society, the
Mayor of the county town, the Chairman
of the County Commissioners and the
City Surveyor, and that "from thi3 num
ber one physician shall be chosen by
ballot to serve for two years with the
title of Superintendent of Health."
And to thi3 officer important daties are
assigned in regard to quarantine and
health in all the cities and towns in the
State. This latter act is certainly a re
peal of the act of 1875 in some respects.
Is it a total repeal? or have we now two
Superintendents of Bealth, established
by law for the city of Wilmington? And
if so, which of them if either, is desig
nated by this Supplemental act? Sani
tary regulations are to be made "under
the direction of the city Physicians and
Hoards of Health." The Superinten
dent of Health under the act of 1S79 is
necessarily, and under the act of 1875
very certainly, a member of the lioard ol
Health. Is he to have a concurrent au
thority as citv nhvsician. distinct from
and independent of his authority as a con
stituent member or the isoarar ur in
other words must he concur in every ac-
ion of the Board, or can the majority
f theBoard overrule his vote? Aro the
words "under direction" to be construed
in their plain and aatural sense, as give
t: . 1 U . .,
mg an overruling cuuirui, tw mu wu
Board of Aldermen must act at the bid
ding of the city physician and Board of
Health without any discretion or tneir
own? Or is "direction" to be soitened by
construction into "alvice" or 'recommen
dation," so as to. leave them a discretion
to act or not as they may see nt?
These are all questions which fairly and
naturally arise out the few words of this
upplemental act, and in ray judgment
are quesuocs so emoarrassmg mi uu
jpinion but that of tho Supreme Court
can settle them. After a careful study
I can only give my best impressions as
follows: "That the Superintendents of
Health appointed by the County Boards
tre the city physicians meant, fi'-JJ
are the only physicians ' appointed by
taw for all the named cities. ' And that
i he Board of Aldermen havo the power
,to adopt such, and only such, sanitary
regulations as may be recommended to
.hom hv th IWnl of Health, which in
cludes the Sunerintendent of Health,
ind that they Are not bound iQ adopt
a.nv reeommendatitins which do not meet
their own approtaL Proper ; reguU
tionV thai, as I understand it, not
Monday, march
"lawful" but "fit,w regulations, are to be
wade 'under the direction" of certain
officials. Some check upon the city au
thorities was certainly meant, and that
which I have intimated is the least that
can be intended.
But this restriction of the powers of
the Board of Aldermen is confined to
such sanitary regulations as concern the
sale of marketable articles as mentioned
in the act. To that extent only did the
original act interfere; and the supple
mental act is simply an explanation and
limitation of the other. In respect to
all other sanitary regulations, the pow
ers of the Board of Aldermen are unim
paired. , Question 2. What are the.effects and
f operation" of tbcse -nets on -the police
powers of the city ?
I understand this question to refer to
the authority of the Board of Aldermen
over the streets and alleys.
Whatever injurious consequences
might have resulted from the original
act and they would undoubtedly have
been very great its operation has been
much modified and weakened by the sup
plemental act.
.The full and complete jurisdiction of
the municipal authorities over the streets
and thoroughfares of the city is so neces
sary to tne convenience, peace and wel
fare of the community that any limita
tion of it is apt to be injurious, and
dught not to be enforced without a plain
expression of the legislative will. The
supplemental act having been avowedly
passed to explain and limit the original
act; we must look to that for ar true un
derstanding of the purpose of the Legis
lature. . The preamble, with a frank ex
hibition of feeling, declares that the sole
object of the original act was to enable
vendors to sell certain enumerated arti
cles on the streets, &c, "and not to be
forced to sell the same from the stalls of
the 'Wilmington Market House Com
pany,' er any other Market House Com
pany," &c. These purposes are not to
be taken as distinct and independent
but as correlative only. Vendors are
not to be forced to sell at the stalls of
any coraDanv. That is the primary ob
ject. And to secure that they are priv
ileged to sell on the streets and alleys;
and the Board of Aldermen are prohib
ited from interfering to prevent them
from bo selling. That is the intent de
clared, and we are not at liberty to infer
any other. But the privilege is not to
be extended beyond what is necessary to
secure the protection granted f And this
right of selling on the streets, like every
other right of private citizens, must be
held in subordination to the paramount
interest of the public. Thus, every citi
zeu has a right to fish in the navigable
waters of the State ; but the public have
the paramount right of navigation. And
if, in. the -proper exercise of this para
mount right, the seine of the fisherman
is destroyed, the law gives him no re
dress. Jackson vs. Keeling, 1 Jones, 299.
So where a railroad bridge, built under
the authority of a charter from the
Legislature, obstructed the passage of a
steamboat, and the owner ot the boat
tore down enough of the bridge to ena
ablethe boatte pass, he was held to . be
justifiable in so doing., State vs. Parrot
71 N. C, 311. "The public are not on
ly entitled to free passage along the
street, but are entitled to a free passage
over any pertion of it they may choose
to take, and no person has a right, un
reasonably or unnecessarily, to impair
that right. The right to load or unload
carriages in a highway is one of the rights
incident to it, but it is entirely subordi
nate to the right of passage, and must
be so exercised as not unreasonably to
impair or abridge this superior right."
Wood on N uisancc sec. 262.
"No man has a right, for any purpose,
to persist in keeping up a continuous
blockade ef any part oi the street, either
under the plea of necessity or otherwise,
for public rights and the public conve
nience are paramount to the necessity of
trade or individual convenience. Ibid sec.
26L
And so Lord Fillenborough, in Rex vs.
Cross, 3 Camp 224, which was an indict
ment ior allowing btage coaches to re
main an unreasonable time in the public
highway ia London: "A stage coach
may set down or take up passengers in
the street, this being necessary for pub
lic convenience, but it must be done in a
reasonable time, and private premises
must be provided for the coach to stand
while jwatting between one journey and
the commencement of another. N o one
can make a stable yard of the Kind's
highway."
These authorities will give a fair idea
of the relative rights of the public arid, of
individuals in the streets of a city.
Tho Legislature, so far from intending J
to impair this paramount right of the 1
public, has declared-anotner intent quite ;
consistent with it. And the farmer or
fisherman has no more right than ai y
other person unreasonably to obstruct ir
abridge this public right of passage over
the streets, and every part of them. And
I am of the opinion that the power of the
Board of Aldermen to abate and punish
nuisances of obstruction remains in . full
force, notwithstanding the recent acts.
But there is one particular in which
these acts, even as thas understood, axe
likely to operate injuriously. Tte pun
ishment imposed by them goes to the ex,
treme limit of a Justice's jurisdiction.
While there is a discretion as to the
mode of punishment there is none as to
the, extent; and' in eveir 'case there must
be a. fine' of $50, or an ' imprisonment lor
thirty days. The chief valae of tao city's
power to deal with nuisances m r the
streets, and especially these of obstrac-' t
14, issi. no. 13
lion?, consists in lis ability to give sum
mary ana emcient reiiel to the sneering
public, without awaiting the slow process
of the law. Now, what is an unlawful ob
struction of a street iu the pursuit of a
lawful business, is often a very difficult
question to decide. Take a single illu.
tration. A mereha t ha3 a right to
place his goods in the street, and to keep
them there I or a reasonable time, for the
purpose of removing them into his store
or warehouse. 1 -. if he suffers them to
remain an unreav,.ible time he commits
a nuisance. Wood, sec. 265. And I sup
pose it to be a very mild construction of
these acta to assume that that they give
to the farmer, fisherman, &c, .no greater
privilege than the merchant has. i Now.
what is a reasonable time, is a question
of law, Biles vs. Holmes 11 Ire. 16 and
in all except extreme cases, a question so
nice and difficult that experienced law
yers cannot decide it, because it depends
upon the discretion of the judge under
all the circumstances of each particular
case. Municipal ordinances do not ex
ecute themselves. They require per
sonal intervention. And the officers of
the city, who are not lawyers, in proceed
ing to abate a nuisance, or arrest the of
fender must decide this difficult question
for themselves, and decide it at tho risk
ot thii iy days imprisonment if they fail
in their judgment, however fair and hon
est their motives and conduct may be.
And this is only one ot many instances
which may continually happen. It is not
unreasonable to apprehend that a mis
conception of the true character and ef
fect ot these acts may cause conflicts be
tween the r.ity authorities and the pro
tected classes to , become more frequent
in the future than they have been in the
past. And, with such a risk before
them, the city officers may not venture to
interfere until the nuisance has become
glaring and intolerable, or may leave the
offenders altogether to the tardy con
demnation of the general law.
Geo. Davis.
Messrs D. J. Devane, Russell & Ric-
ARD AND McRAE &,STRANGE.
Wilminotox, March 12th, 1S81.
Hon. S. 27. Fishblate, Mayor: We
have read the opinion of Mr. Geo. Davis,
with whom we have been associated by
you, and have carefulry examined the
questions submitted to him in the matter
of the ordinances and laws concerning
the Wilmington Market House Com
pany, and herewith submit to you the
conclusion which we have reached:
Qusstion 1st. Are the acts known as
the act for the better protection of Far
mers and Fishermen ratified 5th March,
1881, and the act supplemental thereto
ratified the 7th of March, 1681, constitu
tional? These acts are not public laws of the
State, operating upon all the towns and
cities of the State, but they are private
acts, relating only to the cities of Wil
mington and Newbern and the town of
Tarboro. There is a public law embrac
ing all the cities and towns in the State,
defining the corporate" privileges, and
attaching certain powers to their muni
cipal officers, and among other powers
"They many establish and regulate their
markets and prescribe at what place
within the' corporation shall be sold 1 mar
ketable things. They may also pass laws
for abating or preventing nuisances of
any kind," and they are charged with the
proper care and management of the
streets. Battle's Revisal, chap. Ill sec.
17. 18,19.
These acts except out of this public
general law, if they have any effect,
the towns or Wilmington, Newbern and
Tarboro by certain restrictions on the
officials of these towns, as to c.rtain
powers and business, and being made
exception of particular local communi-
. . 11 i
ties, oniy mey arc necessarily local pn
vate acts.
The city of Wilmington, by charter J
orin-inal and amndnnnt m h lannd I
" w'' l
amonsr the private laws rof the tate. so
published by authority of successive Leg
islatures, possesses similar privileges and
powers as those above set forth, and
these acts being restrictions of those
charter powers and not declared by tbo
Legislature to be public laws are. but
amendments of these private charters and
like the charters are necessarily private
acts.
If we are correct in the supposition
that these two acts are private acts then
it is evident that they hire pa&feed ia
conflict with art. 2nd. sec. 12 ot the con
stitu.ion which proviues that "the Gen
eral Assembly thatl nut pass any private
law unless it shall be made to appear
thirty days' notice of application to pass
such a law shall have been given." '
. Unquestionably this is a mandatory re
quirement, addressed to the Legislature"
iu positive form. The language coald
not have been more exacting. Now, has j
this mandate been disposed of by the
ratification of these acta so as to require
the courts to presume a notice against
the fact that there was none?
The journals are undoubtedly com
petent evidence that the notice ot the in
tended application for the act which the
constitution requires had not been gives,
if it so affirmative appears from the
j mrnals.
If tho journals are silent, there miht
be a presumption that the notice did ap
pear, but - wc think each presumption
would be open to , rebuttal by proper
proof. Applying these principles to our
case we reach tbes conclusions: :
1st. As to the act of 5th of March,
we do cot know how the journals appear,
but at most there is oalv a orcsnmntion
of such notice, for we. all know as a fact
u; : s2lzizh cones. V - ' ' :'. -
, vf will r.lxl to rec&Iro ecruasiktU::
frbza cta frlraii en cay asd 'all rabju f f
R6aeraJirtsreslbn
f Tae asas of tia witter a wt alVayt fee tar
ntahedto tit Eater. . ; : ;
; Coascrslsxtoajiicitts Vilttea co ctJy
cas etfs of the pi .
; Personalities mtu t be aTIdi "
Aid It la eapedaUy aad V.rclaxlj csdJ
atcod that the Edit doea ect always eaccnt
the viaws of eorrefpoadeatiurleii to rated
ta the editorial eols rt. -
toat no such notice has been given
m 2a1 -.t0 th WPfemental Ml of
-March itn, it manifestly nTv4H u.
journals, that this act has passed without
us ueiu- mauo to appear that the re
quired nouce has been given, and if the -act
be a private act, it is manifestly cn
constitutioaal. . i,v
It so appears on the journal because
itisa supplement to a hill u
passed only two day? previous: and this
supplement passed 1I its three readings
in both Houses on one day. Now. unlets
the author and ,drj njbjswu, of this sup
plemental bill h the, foresight to see
that -tho origin. : bill would pass aad
would, be defective' and ; would
-supplement, and' -ScT rave
the 30 days notice, it ia itAn&SErx .iTr-
notice could have been given" as appears 1
on the journal. V : .
But the supplemental bill f i" :
unconstitutional in another aspect.
- The 14th section of article 2nd declares
that no law shall be passed , "to allow
the counties, cities or towns to impose
any tax upon the people, unless tho bill
has passed three several times in each
House on three different days."
. ma oul passea tnree readings in each
house all in one day. Doesitnllrtw h
cUy to impose a tax? . s . ,
The first' section of the!bili declares
that the act of the 5th of March '-shall
not be construed to e'xempt dealers in
such articles from tho usual, license tax
to said cities and towns."
.The 14th section of the original bill -had
declared that it shall be unlawful for'
the Board of Aldermen to impose or col
lect any tax on or for the tale of fresh v
meats &c, on any of the streets or alleys
or from wagons, carts, shop or , stores. -In
so far as language caa "exempt from
taxation and destroy the power ' of the
Board to impose it the language of this
act allows this exemption. . :
JhlA?ct went int0 operation on the
5th of March and stood as a Rule of Law
from that date.
The act supplemental, it is true, i3 a
declaratory act, and assumes to declaro
how the former act shall be construed.
But every well read lawyer knows, unless
his judgment is warped by some' bias
or haste or want of deliberation, that no -declaratory
or other act can expound
the meaning of a forjner .law.The. ex
position of an act is a judicial 'attribute
and not legislative "and the only effect of .
the supplemental bill i3 to declare the
law from - the date of its ratification.
The Supreme-Court of New York said
of feuch declaratory acts in a leading case:
"If they give interpretation to former
acts, so as to give a new meaning, .they
establish a new rule, and are to have the
same effect as other newly created stat
utes.'' But as exposition of former acts
for the government of the Courts,
they would be taking cognizance i of jV
dicial questions.-" I . ;";.
This-rule is accepted law by all Stan
dard authorities. ; . . . . i A '
So that the original bill is to be inter
preted fromtts terms and is not to be -interpreted
by any - declaration In the
supplemental act of how it shall be "con-'
strued. , . -- ,:fc-,
And inasmuch as the original act took
away the power from the Board to , im
pose these taxes, the effect of the sup
plemental act was simply to restore from
its ratification the power which had been
taken away! , ,; .;r
I- ether words, this 'supplemental act
allows to the Board to impose taxes, a
power that it did not have at the 'pas
sage , of t this bill . assuming the original
bilL to be constitutional,and to allow this
constitutionality it required topasg three .
readings On three different days, where
as it .' appears on the journals as above
stated to have passed all in one day and
so violates the constitution and is void;
and so ifjthe original bill is constitu
tional its provisions have not been ef-
e . . ..... -
lr.iea J- inf supplemental bill so Tar as
nis power of taxation is' concerned.
Again this legislation, both the orici.
nal and the supplemental set, directly
affects the contract here t&fjfe made, by
the Board with the Wilmington Market
Company and the supplemental act as
serts the intention :to impair it and that
will raise in the courts of tbe,U. S. ,ths
federal question' of the power, of the Leg
islature to' enact these laws under, the
constitution of the U. 8M and "We are free
to say that assTrming the yalidity of this
contract there can not be a doubt that
these acts are in violation of the consti
tution of the D. S.
On the several matters argued by Mr.
Davis in his opinion, we concur with
him for the reasons which he ha stated.
On the whole matter, we - are' of the
opinion ,tht the - crrave and imnortant
Lqucstions involved ought to be solved.
Und the nghtf of all parties ia interest
ought to be ascertained, and . to this end
we recommend that 'the Board of Alder
men should "proceed, under proper advice,
to take such steps as will make test cases
for the decision" of the Courts by friend
ly litigation ; : ; ?"--: 7 " 1
r f : ' RCSSEU & RlCAUP,
r McKa & 6T&15CF.
The Treasurer of Cornelius Harnett
Council, 231, of the Royal, Arcanum,
paid to Mrs. Newman to-day the benefit
of her hnsbaad, Mr. Philip Newman, in
that Order, attoantlnv to $3,000) threo
thousand dollars! -This makes the fourth
benefit that has been paid by this" Order
to beneficiaries in this city, , ! ' ;
"Toucan now buy Improved llczliz-j
CookEtOTCJ at factory priccnt Jacci's. t