Newspapers / Wilmington Morning Star (Wilmington, … / April 20, 1897, edition 1 / Page 1
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FOR FIVE DOLLARS XHK MORNING STAR GOES ONE YEAR, r FROM $2.00 TO $3.00 CHEAPER Than Other Dailies ol iU Class in North Carolina. SUBSCRIPTION RATES, R REDUCED TO j $5.00. BUT NO REDUCTION IN SIZE - V OF PAPER, ; OR IN QUANTITY OR QUALITY VOL. LX.-NO. 25. Wilmington; n. c. Tuesday, april 20, 1897. WHOLE NO. 9.158 FTHJ " Mo NING Ce MA Sun Rise Sua Sets..-- H !h Water at Southport 5 21 A M 8 88 P M 18 h 17 m 964 AM High Water at witninion .. Tb WetMM. it S DsP'TOf AGRICULTURE,! ' vVkathm Bureau. V Wilmingion. N. C April 80 ) - Me'-cofolocdidau tor yesterday; -- Temoera' are. S a. m., 68; 8 p. m.,65. max' mu n,n ' n i m am. 5 1"; mean. W, Kainfai) lor da" rainfall (10Ce lstoi nrtoib up to date, M. Wea'.ner coitions for twelve bonis ended a'. 8 ? m April 19;b. tarnished bjihe Weather Bare.a office: Tae high barproe.er area from the northwest has moved rapidly eastward, with highest barometer to night over Lake Michigan. Fair, raucb colder we3taer previi s north and northeast of theM:isi3s.p?i viilei, with freezing tem p;ritu-es oer the Oato valley and the lak s ' - Tn: birorne:er is lowest along the coast from Virginia Drib, and over Ok Uhomi Terntor. Moderate gales are reported alotu the Lower Lakes and the north Atlantic coast. Generally fair weather prevails, except light local rain it falling at Kansas City. Local showers occurred during the day over Florida and New York. The temperature Is ris ing rapidly in the far West and North west. ' . . , FORECAST FOR TO-DAY. For North Carolina, decidedly colder; . northerly winds. . - Fayettevilli. N. C, April 17. At 8 a m. the stage of water in the Cape Fear river was 10.0 feet and rising. OUTLINES. Tae Senate passed the Indian Appro priation bill yesterday; Morgan endeav ored to taUe"up the Cuban resolution, but gave way for an executive session. Over a thousand square mile of land on tne east side of the Mississippi below Vicksburg are under water; all cotton country, that in 1890 produced 112 000 bales. Business portion of town ol Berea. Oaio, destroyed by hie; loss $80 000. An Italian expedition in Abyssinia is reported to have been annihilated. Senator Pritchard ands Congressman Linnsy having endorsed T. R Parnell lor the vacant U. S. Judgeship; it is believed bis appointment will be made shortly. The ..Senate has agreed to vote on the arbitration treaty May 5th. Butler, of North Carolina, has introduced a bill in the Senate directing the Secretary oi the Treasury to take possession of and oper ate the Union and Pacific Railroids. Heavy fighting is reported on the Greed? Turkish frontier; the Turks retreating in disorder; Edhem Pasha, commanding me lutkisu torces, nar xon.v e?Ciaed cDture: Greeks reoort that the Turks lost 7.000 killed and I wounded at Reveni; there is great re- piciog at Athena. Hon. Wo. J. Bryan addressed the Legislature of Ken tuck yesterday in the Opera House at Frankfort. Senator Butler, chair man of the national committee of the Populist party, 'opposes the prop osition for a convention at Nash ville on the 4.b of July. Nav York markets: Money on call tas at p:r cent.; last loan at X and closed offered at 11 per cent.; cotton quiet middling uplands 75 18c; midding Gu'f 7 9-16:; flour market strong and more active, with prices held 25V); higher; .wheat spot unsettled; No .2 red in store and free on board 883c, -corn spot firmer, but quiet; No. 8 80$c at elevator and c afloat; rosin quiet f.ramed common to good $1 65. spirits turpentine stead? at 2930c The most skilful and the best pat ronized photographer In London is a lady. aad a M;ss, too. Judging from tiie rspa:atio.i shj has she didn't miss hjr vocation. Living is cheap now in Baltimore, The baaanamsa are waging war on each other and the inhabitants can fill up two or three times a day on binaoas for about a nickel. .' - The Louisville base ball club' seems to be short on Short stops. It has offered 5,000 for a Short-stop froa a Cincinnati team, " but the team would Vt stop to consider it: 'i it :s a qoestioa of discussion in Kaasas whethsr the preachei who P.ii'abillW $5 for one" prayer for the LsTisiatute valued the Pyer too highly or the Leglsla " re too low. ' i The Germania steamer Georgia. Jnich arrived at New York lastFri- -' reports running np with a col ony of. icebergs. One of them was tw3 hundred feet high, and had thousands of buds roosting on it. senator Peffer has gone back Into tne newipaper business, and says he "".raea that this !world is too B'g for one man to re create It" and jnerefore he will quit trying. A man earns a good many things when he aitcfees onto a newspaper. Nearly oa half th tAnmA nM ia the world is hoarded la Govern ment vaults, and nearly the other in Dank vaults. Kept there for 'pecuiative purposes. And yet the Sold is counted as in circulation, what a fraud.. Agents of the British Government buying horses in Indiana for the mt3h artillery. Six thousand are 1 be sitpped as soon as oossible hls looksas if the British Govern- "-at thmks it may soon have some lhngforits artillery to do. ' " tne PostofSce mt Wilmingtoa, M attrd at ,COBdilliUU Matter. , IMPORTA5T AraOTJffCEIUSST Attention is called to the follow ing Rxducxd Rates of Subscription toTHX Morning Star: TO MAIL SUBSCRIBERS. ; Twelve Months. . . $5.00 Six ' 2.50 Three 1-251 Two u 1.00 One i u 60 'i .IO CITY STJBSCRIBKRS. The Star will be delivered by carrier at any point In the city at 12 cents per ' week, or 45 cents per month. We do not know that Senator Nel son, of Minnesota, was sever accused of being a joker, but this looks like a joke. He is going to urge an amend ment . to the . tariff bill, giving the President authority to snspend the duties on any article, -when he becomes satis fied that such article is controlled by trusts or combinations. Does Mr. Nelson think Mr. McKinley would jump on to Mark Hanna and the other fellows who helped to ' make and put him where he is? Some New York preachers say that bicycling on Sunday is sinful, while some of the churches are putting up bicycle annexes, where the bicycles may be housed during ser vice. Some people think it is sinful to prepare a warm dinner on Sunday, and others think it sinful to go out on the suburbs to take a cool drink. The fact is there is a large variety of opinions on this subject. . Oar English cousins used to be very much shocked at holding ne groes in slavery but the Govern ment of our English cousins has butchered thousands" upon thous ands of Africans, because these Afri cans objected to having their land .gobbled up by English trading and punning companies. - KBW ADVEBTISBHEBTTS. S. W.Sandrrs Corner in lard. Masonic Meeting Wil. Lodge. Notice Members Royal Arcanum PERSONAL, PARAGRAPHS Pertinent PsiMtulu Fertetaina Prinei- SMLllr to Peonle and Pointedly Printed. Mr. W. W. Green, of Raleigh, was registered here yesterday. . The Star reerets to learn ot the sickness oi Mr.W. W. Vtck. - Messrs. Ned Sanders and J. li Mallard left yesterday on a business trip. Mr. and Mrs. W. D. MciMllan, r.. of Washington, N. C, are in the city. Mr. W. N. Marine, of Marine's, was in the city yesterday making busi ness calls. -' Mr. E. J. Best, Esq., of Golds- boro, was among the arrivals in the city yesterday. - Mr. R. P. Hinton, of Jackson ville, was here yesterday, calling on wholesale merchants. Mr. J. A. Westbrook, of ML Olive, one of the leading fruit growers, was in the city yesterday. Mr. Thos. B. Myers and Miss Carrie Myers have gone to Raleigh to attend the marriage of their brother. Among the arrivals in the city yesterday t were H- .Cumming. Rocky Mount; W. P. Shiver and L. S. Hatsell, Leon; J. R. Chamberlain, Raleigh; J.N. Gillis, Southern Pines; G. B. D. Parker, Chinaueoin: T. J. Ferguson, Ocean View. . BY RIVER AND RAI Beeatnta of Sard Store, and Cotton - Yeaterday. Wilmington, Columbia & Augusta R. R. 102 bales, cotton 7 casks spirits turpentine, 48 bbls tar, Cape Fear & Yadkin Valley K. K. bbls rosin, 8 bbls tar. Steamer E. A. Hawes 7 casks spirits turpentine, 48 bbls rosin, 43 ddis tar, i bbl crude turpentine. Steamer Driver 58 bbls rosin. 07 bbls tar. S:hooner Joseph 7 caskspirits tur pentine, 200 bbls rosin, S:booner William 8 casks spirits tur pentine, 72 ibis rosin. Raft 77 bbls rosin. Total receipts Cotton, 128 bales; spirits turpentine, 89 casks: rosin, 461 bbls; tar. 158 bbls; crude turpentine. lbbL Dtn of Mr, a. p. Galon Mrs. Eleanor POrterfield Guion, relict of the late Haywood W. Goion, died Sunday afternoon last at her home, Oven Hill, oa the Cape Fear river ia Bladen county, in the 77th year of her age. Mrs. Galon had many relatives in this city and elsewhere in the State by whom she was greatly beloved. She was the only daughter of Hon. John Owen, of Bladen county, who . held many posi tions ot honor and trust; and was Gover nor of North Carolina in 1828 80 and died in 1841. Kattaf Kzesralen. ' About two hundred and fifty people went down on the Easter excursion yet- teiday. The steamer Wilmington left at 10 o'clock, returning at 0 o'clock in the afternoon. 0!d Brunswick and Foit Anderson were visited in turn by the merry excursionists. At Old Brunswick the party was treated to an interesting talk about Old Brunswick church bv Mj. Graham Daves.'" By way of amuse ment some of the boys of the party killed a couple of rattlesnakes. LOCAL DOTS. Items . of Interest Gathered Hate and There and Briefly Voted The new elected vestry of St. Paul's church are requested to meet at the rector's to-night at 8 o'clock: A very delightful excursion was given to a number of young people on the steam launch Almoni yesterday. The Easter egg bunt of St. Agnes' Guild, given yesterday after, noon in St. James church- yard, was well attended. A cablegram from Gibraltar. received yesterday, announced the safe arrival at that place of Col. K. M. Mar chiton and party. The monthly . meeting of the Daughters of the: Confederacy, called for yesterday, was postponed until Thursday afternoon. The case of criminal assault against Dr. A. R. Reynolds, colored. came up .for , trial is Justice McGowan's court yesterday, but was postponed un til Wednesday. Easter Sunday was celebrated appropriately by the Catholic, Episcopal and Lutheran churches of the city. A special programme (published in full in the Star Sunday) was observed in each church. The advance sale of seats for the comedy "Gloriana." which will be presented by home talent at the Opera House Friday night for the benefit of .the "Shelter,' will commence to-mor- to morning at Gerken's. - In the Police Court yesterday Owen Dove, colored, was adjudged not guilty of shooting Mr. Nathaniel Fades, but was placed under a $50 bond for his appearance at the next term of Criminal Court for carrying a concealed deadly weapon. - j ' Burglars entered the store of Humphrey & King, corner Sixth and Chesaut streets, early Sunday morning, but took fright and left before making any very great inroads on the stock. Two or three hams and twenty-five cigars were all the articles missed. En trance was effected through one of the windows. bPMlll B.tM oa tbe 8. A. Zi. On accouat of the Grant monument ceremonial at New York city, April 27th, the Seaboard Air Line will sell round trip tickets to that point at the rate of one and one-third first-class fare.' tickets to be sold April 83rd to 28th in clusive, with final limit for return May 5th. On account of the meeting of the Fayetteville Presbytery at Red Springs, N. C, the Seaboard Air Line will sel1 round trip tickets to Maxton at reduced rates. . Rate from 'Wilmington 14 25. For the accommodation of delegates attending the Btptist Convention in May, the Seaboard Air Line will sell round trip tickets from Wilmington to all points oa its lines at the rate of one Grst-class fare. Tickets on sale May 8th, 10. h and 12th, with final limit five days from date of sale. Bicycles, when forwarded as baggage, will hereafter be transpotted over the Seaboard Air Line without extra charge when accompanied by passenger hold- ng first-class ticket. Grand Ooaoeil BojbI Areaanm. 'The Grand Council of the Royal Arca num, wntcn meets nere to-morrow, win be royally entertained. In the after noon Cornelius Harnett Council No. 231, of this city, will give the members of the Grand Council a complimentary excursion to Wrightsville beach, and on Thursday the Grand Council will be the truest of honor oa an excursion to Carolina Beach. Oa both occasions the members of the local branches are in vited to be present. In the meeting to morrow, the officers rill be installed by Mr. McKinstree. of Cleveland, Ohio. Mr. H. Burkheimer is Deputy Grand Regent and Mr. I. L. Greenwald, Grand Orator. Cnaaed By Bevenue Cutters. A special dispatch to the Star from Southport says . "The tug Samson, tow ing barge No. 8, owned by the Consol idate Coal Company, Baltimore, Md., from Pensacola to Biltimore, arrived to-day at 5 p. m., for coal and water. Caot. Lewis says he is fifteen days out from Pensacola, had rough weather, and touched at Key West last Thursday. After leaving Key West was chased by two revenue cutters under suspicion of being a filibuster. Died Suddenly. ! . The Star is pained to announce the death of Mrs. Caroline H. Toler, wife of Mr. Thos. S. Toler. which occurred yes terday afternoon. Mrs. Toler was a daughter of tbe late Peter G. Tilley, and is a sister of Mrs. G. F. Home, of this city. A husband and three children are left to mourn her loss. The funeral will take place this afternoon at 8.80 o'clock from her late residence No. 810 Red Cross street. One Cent a Word Hereafter advertisements to go in our "Business Locals', department will be charged one cent per word for each in sertion ; but no advertisement, however short, will be taken for less than 80 cents This is a reduction from former rates and It is also a convenience to adver- isers who can calculate the exact cost of their advertisements, which must be paid for always in advance. Zr.w-btrntane Hsre. ... ' A number of prominent citizens of Newbern came over yesterday to witness the quo warranto proceedings. Among them were Mayor Wm. Ellis, Mr. Chat, t. Steohens. of tbe Journal, W. D, Mclver. Esq., and Owen Guion. fcsq If there Is anvtninz you want, ad ertlse for it Is there anything yon don't want? ' Advertise it In the Business Locals of the Star. One cent a word. Bat no ad. taken for less than 20 cents. . THE SUPERIOR COURT. TRIAL OF THE CONTESTED CITY , ELECTION ' CASES. A Qrsat Ar.ay o( Iiical Talent CompUioW and Anrwer to Allteationa Argu ln.nta Br Ooansel Bgun It -, Will B. Continued To-Day. Upon! the reassembling of the Sa- perlor Court yesterday morning the cases of State of North Carolina ia re lation to W, N. Harriss et si. vs. S. P. Wright et al., and State of North Caro lina in relation to H. McL. Green et aL vs S. P, Wright et aL, were called. Quite an array jof legal talent was represented on all sides; Ricaud & Bryan and Bel lamy & Bsllamy appearing for the de fendants S. P. Wright. H. C Twining, J. G. Norwood. B. F. Ksith, D. J. Ben son, A. J. Hewlett. A. J. Walker, and Elijah M. Green; Geo. Roantree, Esq and Iredell Meares, Eiq , appearing for the plaintiffs, W. N. Harriss. W. C. Von Giahn. T. D. Meares. R. W. Hicks, W. H, Northrop, jr., J. -O. Nixon. T. J. Gore and D. D. Cameron. Frank Mc Nei l and Herbert McClammy, Eiqs., represented defendants Walker Taylor , Wm. E. Springer. Owen Fennell and W. E Yopp; Junius Davis. W. B. Mc - Koy, John D. Bellamy. Eia , j and Col. T. W. Strange represented plaintiff i H. McL Green, Jas. C. Mands, W. E. Mann, C L. Spencer and Washington Catlett. ! On motion of A. G. Ricaud, E q , the two cases were consolidated, i. Mr. Ricaud then inquired if the claim ants had filed bonds. Mr. j John D. Bsllamy, Jr., answered that his clients had, and Mr. McNeill said his; side had not filed a bond, but would do so shortly.: Geo. Roantree, Esq , announced that his side was ready for trial, and Messrs. Rxaud, McClammy and J. D. Bellamy then announced that their respective sides were ready for trial. Mr. Ricaud said he thought it would be best to read the complaints, and see if there were any disputed facts before a jury was empanelled. Mr. Ricaud stated that he didn't think they would need a jury. - Iredell Meares, Esq, read the com plaint of W. N. Harriss, et aL vi. S. P. Wright, et al. Marsden Bellamy, -Esq., read the answer of the defendants. The allegations contained in the first article of the complaint were - admitted. All the: allegations contained ia the second article of the complaint were ad mitted, except so far as it charged that the plaintiffs held over as required by the charter of the City of . Wilmington, public laws of 1878, chapter 192, which was denied, and the defendants alleged that the plaintiffs held over by virtue of the act to amend the charter of the CJty of Wilmington ratified tbe 9th day of. March, 1895. Tbe allegation contained in the third article of the complaint were admitted. The allegations contained in the fourth article were a'so admitted, and the defendants further averred that all the pirties therein named(Mayor Wright and his Board, and Aldermen Fennell, Springer and Yopp) were duly and le gally qualified as Aldermen according to law. The allegations in tbe fifth article were admitted. The allegations con tained in the sixth article were denied; defendants bad no information sufficient to form a belief, except that tbe defen dants Springer, Yopp and Fennell noti fied the defendants Walker and Green to meet with them for the purpose of or ganizing a city government and that the defendants Walker and Green refased to meet. All the allegations in the seventh article were denied, except tnat it was the duty of the plaintiffs to continue in office until their successors should be elected, and in further an swering the article the defendants alleged that the act of the Legislature ratified March 6, 1897, is constitulonal and valid, and that the defendants were, duly organized and qualified as Mayor and Board of Aldermen of the City of Wilmington, according to law, by virtue of and in pursuance of said act, and are rightfully, lawfully and constitutionally in possession of said offices and tbe city property; and have the right to admin tster the government of the city. All the allegations containedn the eighth article of the complaint were denied. Herbert McClammy. Esq., read the answers ot defendants Walker Taylor, W. E. Springer, W. E. Yopp and Owen Fennell to the complaint. The allegations contained iu the first. second and third articles of the corn- plaint were admitted. The allegations of article four were admitted to be true so far as it set forth that the Governor .under act of 1897. appointed five alderWn and that five aldermen, one from each ward, were elected, hut the defendants, Springer, Yopp and Fennell, alleged that they had duly qualified as aldermen and had taken the oath of office as required by law and believe that A. J. Walker and E. M. Green also qaalified as aldermen according to law. The allegations of articles five and six were admitted. In answering tbe allegations contained in article seven of the complaint the de fendants i alleged that the act of the Legislature, ratified the 9th t dav of March, 1897,is unconstitutional and void. so far as It confers the power upon the Governor to appoint one alderman from each ward, and that the election held thereunder was valid, and that Springer, Yopp, Fennell, Green and Walker were duly elected; that at a meeting: of a mar jorlty ot the members of -this Board de fendant Walker Taylor was elected mavor of the city of Wilmington. - The allegations tn the eighth article, were ad mitted to be true. For a further de fence and counter claim the defendants alleged that the act of the Legislature of 1897, set out In the complaint, is as they were advised and believed const! tutlonal and valid, in so far as to provide for the election of five aldermen and that the defendants Fennell, Springer and Yopp were duly elected aldermen in their respective wards, and five duly and legally qualified by taking thd oath of office. 1 -" Junius Davis. Esq , read the com- plaint of "The people of the State of North Carolina on the relation of H. McL. Green, fas. C Mands, W.E Masai C. L. Spencer and Washington Catlett vs. Silas P. Wright, H. Coleman Twin ing, D. J. Benson. Andrew I. Hewlett, B. F. Keith and Jno. Norwood. Marsden Bellamy, Eiq. counsel for the defendants, read the answers to the complaint, The allegations contained, in articles one.wo and three were ad mitted. All the allegations of article four were denied, except that an elec tion was held March 25, 1897, and that Springer, Fennell. Yopp and Walker were elected aldermen. The allegations of article five were admitted. The alle gations contained In article six were de nied, except that Springer, Fennell and Yop$ were daly elected aldermen from their respective wards; that even though C. L. Spencer, J. C Mands, Washington Catlett, H. McL. Green and W. E. Mann were elected aldermen from their respec tive wards, which the defendants ex pressly denied, that they neglected and refuted to file an itemized' statement of their election expenses within the time prescribed by law, and that they have thereby forfeited their offices. It any they had. Tne allegations of article seven were admitted, except as alleged that the defendants usarped the offices which they now occupy this they expressly denied. Tne allegation contained in article eight, alleging that a part of the act of tbe General Assem bly of North Carolina, entitled "An Act to Amend tbe Charter of the City of Wilmington,' is unconstitutional was denied and the defendants alleged that the entire said act is constitutional. All tbe objections in article nine were de nied, except that the plaintiff H. McL. reen demanded of the defendant Silas P.Wright the office of Mayor of the City of i Wilmington,' which the defend ant Wright refused to surrender. Junius Davis, Esq.. stated that bis clients being plaintiffs and not defend ants had consequently prepared no an swers, but that they alleged that section second of the act in question, which reads as follow : That there shall be elected by the qualified voters in each ward one alder man only, and there shall be appointed by the Governor one aldermin for each ward, and the Board of Aldermen thus constituted shall elect a Mayor accord ing to laws declared to be in force by this act" Is unconstitutional, and also that the defendants, Springer, Yopo and Fennell, had met with the plaintiffs, H. McL. Green, et al., had organized and elected H. McL. Green. Mayor; but their other action was subsequent. CoL Strange said even if the whole of the act in question was unconstitutional that they contended that the two candi dates tnat received tne nignest numb:r of votes in each ward were duly elected according to law. The counsel for the defendants bpringer. Yopp and Fennell admitted meeting with the plaintiffs H. McL. Green et al., but denied voting for H. McL Green for Mayor. Shortly betore nooa court took: a recess until 8 o'clock in the afternoon in order to allow the cuaselon all sides to get together and agree upon the facts in the case. : AFTERNOON SESSION. Court re-assembled at three o'clock, and it was announced that the counsel had agreed upon the facts of the case. Geo. Rountree, Esq , announced that tbe speeches would be made in the fol lowing order : Messrs. Iredell Meares, T. W. Strange, Herbert McCiammy, A. G. Ricaud, Juntas Davis, E. K. Bryan, Jno. D. Bellamy. Jr., Frank McNeill. W. B. McKoy, Marsden Bsllamy, George Rountree. After a brief delay Iredell Meares opened the argument at 8.15 o'clock for plaintiff W. N. Harriss et al. Mr. Meares said it would not be amiss to state the four aspects of the case as it would ce presented. 11 tne act in question, he said, is constitutional, then the other questions which arise will have no effect; if held unconstitutional in Mo then the election held is invalid and the plaintiffs Harriss et al contend that they are tbe de facto and de jure officers; if the act is unconstitutional is the part that gives the Governor the power to appoint an alderman from each ward, it reduces the Board of Al dermen from ten members to five and the : defendants Fennell, Yopp. and Springer contend that they with the de tendants waller and Ureen constitute a board of five aldermen; if the act is .un constitutional and the election was held under the old law, then plaintiffs H. McL. Green et al, claimed that they are elected and constitute the Board of Al dermen, together with the defendants Springer, Yopp. Fennell, Walker and Green. ;.'....,' Janias Davis, Eq. and Col. T. W. Strange, counsel for A. McL. Green et al, here interrupted the speaker to an noance that they contended that their clients were elected whether the election was held under the old law or the new. Herbert McClammy, Esq .stated that his clients contended that they, together with the defendants Walker and Green. constituted tbe Board, elected under the act in question. Continuing. Mr. Meares said that his side would argue that the act in question giving the Governor tbe power to ap point five of the ten aldermen, was nn constitutional, for it was taking away fiom tbe voters the power to elect the aider? men ; that It was an infraction of a car dinal principle the right of .cities and towns to local self-government. Tbe Legislature, he said, could not delegate the appointment of five aldermen to the uovernor, unless a grant in tne constitu tlon of the State giving the Legislature that power can bs found, and the differ ent parts ot tbe act in question were so Intermingled that if one part was uncon stltutional, the whole was. In support of his position Mr. Meares cited Green's "History of tbe English People," Tay lor's "Origin and Growth of the English Constitution," the opinion of Justice Brown in case .of "People vs. Draper,' in New York report, several cases from the Indiana reports, several cases from the Michigan reports and also several opinions of Jadge Cooly. : 4 Mr. Meares referred to the State Con stitution, Article 7, Municipal Corpora tions, and cited of that article, section 7, "No debt or loan except by a majority of voters;" section 9, "Taxes to be ad valorem," section IS. "Debts in aid of the rebellion not to be paid." He concluded by reading section 14 of arti cle 7. "The General Assembly shall have full . power by statute to- modify, change or abrogate any and all ot the provisions of this article, aod substitute others in their place, except sections 7, 9 and 13." Mr. Meares further stated that-the plaintiffs W. N. Harriss et al. were enti tled to bold the office as' de facto and de jare; that the electiod was held under the act in question; that the first call was made for the election of only one alderman from each ward, and that the original charter called for thirty days registration, when only; aboat ten days were had. The original charter sets forth that the aldermen' shall be elected every two years, and shall hold the of fice until their successors have qaalified according' to law, and the act of 1875 provides also that the! aldermen sha'l hold their office until their .uccestors have qaalified. They contended, he said, that they had a right to the office upon failure ot an election; that S. P. Wright bad simply gained control of the city government because the City Clerk and Treasurer and Chief of! Police were in sympathy with him. After citing sev eral other authorities, Mr. Meares con cluded at 5.80 o'clock. Col. T. W. Strange, couasel for the plaintiffs H. McL Green et al, addressed the court for 80 minutes. Col. Strange said that this was a char ter composed of various acts, providing for a biennial election, had been 25 or 80 years, and the Legislature of 1897 passed an act providing that an election should be held 'under that charter. He then cited sectioo 5 of tne recent act, which reads as follows : i Sec. 7. That the election of aldermen shall be held according to the charter of the city of Wilmington and the acts amendatory thereto except that the reg istration books may be opened for only ten days previous to the election. In cae of failure to hold an election in every ward, the vacancy resulting from sich failure shall be filled by the appointment oi tbe uovernor. If the act in question is unconstitu tional then tbe plaintiffs, H. McL, Green, et aL, were elected under tbe original charter; that only ten days were given f or registration, but that part was immaterial, for the Legislature thought that four days' registration was sufficient for the people to vote at the State elec tion, and that the returns showed that ten aldermen were elected. Col. Strange stated that the foregoing was only their secondary contention, their primary be ing that they contended that only section second and possibly tbe closing part of the last section -is unconstitu tional; that the act could either be con stitutional in part or as a whole. Tbe act was passed to accomplish two pur poses, one to abolish the Police Board and the other to call for! tbe election of ten aldermen; that it wo old do away with the intent of the"Legislature to declare five appointees unconstitutional and the other five constitutional. Omit ting section second you; would have an entirely constitutional act in no way conflicting, and that section second did not affect the other sections. In support of his position Col. Strange cited severa1 eminent authorities. I At 6 o'clock Court took a recess until 10 o'clock this morning, when Col. Strange will resume his argument. During tbe day the following cases were disposed off: O. Meares et al., receiver, etc., vs. A. M. Wilson e al. On motion of plain tiff's couasel, the decree; and order for sale by foreclosure, made at the January term, be and is hereby stricken off and made null and void, and the action is dismissed at the plaintiffs cost. Tbe Mechanics' Home Association vs. B. F. King and wife and R. W. Hicks. Defendants allowed sixty days to file answer. j J. Davis, receivsr, etcj vs. L. Vollers et. al. Motion by plaintiff for a new trial overruled' and notice o! appeal given. GOVERNMENT B05D3. The following paragraph is from an interesting and practical communication from Mr. D. L. Gore, of Wilmington, N. C. to the Cincinnati Price Current. aod gives his ideas on the sale of United States bonds to farmers, and the ability of the latter to buy them1 : "I have thought if there could be United States bonds for sale, say at a few of the principal postoffices of each county in every State, and let the bonds be in as small denominations as $85 each, and let the farmer who labors with his hands, as well as mechanics and all other people who labor with their hands, have the first chances to buy these bonds, they would buy many of them, and each one who become-a bondholder wonld become a lover of his country. Some would say this clats of citizens can't buy the bonds. Here in North Carolina we have as It were flood tides and ebb tides in all lines of business. When crops are good and prices good tne farmer bas bis nood tide, and when crops and prices are poor he has bis ebb tide; and tbe same way With the me chanics and other wage-earners. When wages are high and employment regular mat is ineir nooa uae, ana wben work is scarce and wages low that is their ebb tide, so when there are on the flood they can buy bonds, and when the ebb comes they have a solid investment to null them through the hard times as it were; not nice it often is. when the thrifty worker has a piece of boomed town or country property or some stocks bardlv worth the paper which they are written oa. . - , r Last night, shortly before 12 o'clock, an alarm of fire was sent in from box 18 SeventhJ and Harnett streets. The fire was In an unoccu pied frame store, cornerj of Sixth and Bladen streets, the property' of Mr. Hill Terry. The building was badly dam- ao1 - i i CHAMBER OP COMMERCE. Bpeoial Boston Arrangement, fcr Adrar- ttalae Wllmtccton and Sew Hanover ' County Diet as Md. The Chamber of Commerce met in special session yesterday at 8.80 p. m. The first business transacted was the election of Messrs. H. L. Fennell and H. E, Boaitz as members of tbe! cham ber. '!.'. - Tbe advance sheets of the publication setting forth the advantages and re sources of New Hanover county had been received and were examined by the members, i i' Mr. . C Stevenson made his report as chairman of the committee to secare from the Board of Aldermen and tbe Board of County Commissioners appro priations to meet the expense of adver tising in the special S. A. L edition of the Manufacturers' Record. He re ports $100 appropriated by the Board of Aldermen, but no appropriation from the Boardi of Commissioners, which. however, had the matter under advise ment and would have made the appro priation unhesitatingly bat for the fact that $320 for advertising purposes had been only recently appropriated The committee was continued. Mr. Andrew J. Howell, Jr., reported having written Mr. Frank Haywood, of Philadelphia, in regard to the visit of the Pennsylvania editors, according to the directions of the Chamber at a pre vious meeting, and read a letter from Mr. Haywood, stating that the editors could not arrive before the 87th of May. leaving on the 88th. The letter was turned over to the secretary for a reply. Mr. J. C Stevenson, for the Nash ville Centennial ; committee, reported that the committee had met with Capt John T. Patrick, selected ten members for free transportation to Nashville, ap pointed a number of sub-committees to arrange for the clam bake and the differ ent exhibits, prepared an invitation to send to tbe press and Exposition offi cials, together with the advertisement for the Wilmington panel In the S. A. L. car. The invitation reads as fol lows : 1775. ! MAY 20th. 1897. WILMINGTON DAY. The Chamber of Commerce of the city of Wilmington cordially requests tbe pleasure of your presence at a recep tion at the S. A. L. building. Centennial grounds. Nashville. Tenn., 10 o clock a. m. till 4 o clock p. rs rresent tbis at tbe door. ine advertising tbat will appear in the car; with proper display: "Wilming ton, N. C ; The manufacturing and tea- port town of the State. Terminus of five trunk lines. Ocean steamers to ail parts of the world. The centre of large trucking, fish, rice, naval stores and lumber interests. Cheap lands adapted to small fruit and early vegetable culture within eisy reach of the large Northern markets. Parties looking for locations to settle should write to the Chamber of Commerce." Mr. Stevenson stated that $250 would be required to pay cost of exhibit and reception at Nashville. After some discussion the Chamber adjourned. Easter Elee clone. The election of vestrymen held in the Episcopal churches yesterday resulted as follows : : St. James' Dr. A. J. DeRosset, Col. W. L DiRosset. Col. I no. W. Atkin son, CoL A. M. Waddell. Dr. G. G. Thomas and Messrs. Wm. Calder, Clay ton Giles, T. D. Meares. H. A. Barr, J. H. Boatwright, W. W. Davis and Victor Grainger. St. John's Messrs. Gabriel Holmes, Chas. Humphreys. H. G. Smallbones, T. Wright Meares. H. E. Wells. Thos. F. Darden, Washington- Catlett. R. Lee Holmes and Geo. LeGrand. St. Paul's Dr. W. D. McMillan, Capt. L. S. Belden and Messrs. DuBrutz Col lar, W. J. Clemmons. Geo. J. Howey, Walter G. McRae aid J. J. Windley. St Mark's (colored) Jno. G. Nor wood, j as. ti. use, lorn. j. tsrowneii. Jno. O. Nixon. Jao. J. Geyer, Dan'l Webster and Robt. McDonald. 81. Fanl'a X,B;heima Charon. The first meeting of the Chuich Council of St. Paul's Lutheran church was held last night. Tne Coun cil is composed as follows : Elders L Hansen, Wm. Nsistley. Deacons J. W. Du'se. J. D. Doscher, J. H. Borneman, M. Schnibben. Trustees Dr. S. P. Wright, F. E. Hashagen, Andrew Smith, E. P.Bailey, H. Vollers. H. L. Vollers. Thirty-J"irat Annual Ball. Hibernian Hall was the scene of great mirth and enjoyment last night, tbe oc casion being; the thirty-first annual ball under the auspices of the Hibernian Be nevolent Society. There were refresh' meets, dancing and music, and there was a large crowd in attendance. Haavf Shtpm.DU cf Strawbairie. ine shipments ol strawberries are growing larger . daily. Yesterday 1.500 crates were shipped from points along the W. & W. road between here and Goldsboro, and there will be doable that number to-day. Beat Btmbl. f au. Rocky Mount PAantx The Morning Star, we are glad to note, continues to increase in usefulness and general attractiveness. It has proved the most stable of all the State newspapers. It is a fixed Star of steady and enlarging radiance. May its light ever shine. " Csur f Thawte - We thank tbe public who were so gen erous in bestowing tbeir orders on as ! and appreciate same. We are very sorry we could not accommodate everv one. and hope those who were disappointed ! to not netting ineir eats, win appreciate oar position, as we worked all bands un til 18 o clock Saturday meht. Tbankinv von all and asking a continuance ot past I lavuri, we remain, - - Yours truly. -. i Taylor's Bazaar, t OF READING-MATTER. . ..-1 . - - , , . j - . - ' 1 ' j . m - - READ, AKD ACT. ' Only fifteen days remain in which to prepare for tbe greatest 'gathering Wil mington has ever known. The South ern Baptist Convention meets in our city May 8ib, and we may expect not -less than one thousand delegates, who are invited by the city to be the guests of our people. Homes for these must be provided in some way. ' The good name of Wilmington is at stake. Our future prospects of every kind depend to a greater degree than Is generally rec ognized upon the impressions made upon the thousands ot delegates ana visitors from all sections of the South and Southwest. Our inherent sense Of hospitality; oar pride in our city; oar desire to increase tbe material welfare of oar community by attracting notice to iu many advant ages; should make the entertain ment of this convention a pleas ure to be shared by every citizen. The fact that an invitation was given by the Citv, through the Board of A'dermen. the Chamber of Com merce, and a public mass meeting, held in the First Baptist chnica. offering free entertainment to all delegates, lays a duty and responsibility upon our peo ple, which we may not shirk with honor. To have these strangers uncared for will be a disgrace to the community. Homes must be provided; but how i Two can vasses, have been made, aod tbe total result to date is only 750 places. How are we to put a thousand people into them ? And how are we to overcome tbeshnokage that is inevitable? We lack now homes lor 25). As chairman of the central committee, and as a citi zen of Wilmington, I appeal to our citi zens, and beg that 1. Every Baptist will rally to the pres sing need upon us and, if possible, take more delegates. 8 bvery member of other congrega tions will open his or her house and as sist us to entertain these men and wo men, whose coming to our midst cannot be other than a blessing. I appeal to you on the ground of that fellowship which is broader than denominational lines. 8. Every citizen of Wilmington, with out regard to religious belief, will realize the situation and seize this opportunity to show our Southland and our North ern visitors what our city is and what we can do. This appeal can be met in two ways; first and best, by taking delegates into your bomes as guests. Don't hesitate to put two, three, or even four into one room. II vou have agreed to take one put in another; if two. just use a cot and have three with you. while four will make a merry party. Second, (very good), if you cannot possibly take as many in your home as you should, just turn over to as $5, $10 or $20, and we ill locate the delegates. Don't wait for some one to beg you to do your duty. Call at our office in Chamber of Commerce rooms, where vou can see the lists if you wish to select delegates; or, drop a postal to me, giving your address and the number you will entertain free. Much depends on what you do, and "he helps twice who helps quickly. II our people propose to have any thing to do with tbis matter if friend ship, pride, hospitality and business "horse sense" are to count tor anything in this community; if Wilmington is to be saved from disgrace and shame, you must act at once. We are assigning homes now, and must know iu the next two or three days what we may depend on. riease reaa tbi with reroc to yourself, and come to our assistance to day. Respectfully, will B. Oliver. Ch'm'n Central Committee. April 20, 1897. DIED. TOLXR In this cit r on the afternoon of the 19th VAX.., CAROLINE H. TOLER, beloved wife ot Thomas), loler. Funeral from her late residence, 310 Red Cross stieet, at 3.30 o'clock p. m., to-day, thence to Oak- dale Cemetery. Friends and acquaintances invited to attend. NEW ADVERTISEMENTS St. JOHN'S HALL, ApriL20, 1897. f fliifltfoii LorlB KU19, A. F. & A. I. REGULAR MONTHLY COMMUNICATION this (Tuesday) evening at 8 o'clock. Visiting brethren welcome. ap Q It THOS. F. BAGLXY. Secretary. Members Royal! Arcanum. BROTHSRS The Grand Council of Royal Ar canum will convene here Wedaeaday. Anril Slst. Cornell ns Harnett Coasctl No. SSI, of this city, baa decided to give them a complimea'ary excaraoa to wngntsvuie Beacft Wednesday atteraooa; also, to Carolina Beach Thursday afternoon, and will be glad to have as many brothers accompany them a canon each occasion. Trains letve for Wrightsville S.S0, fare 25c, Boat lelves for Carolina Beach 3.00, iareWc. H. BUKK.HIMKK, ap SO It Secretary for Committee. Notice. LL TRAINS ON THX WILMINGTON 8IA- coast Railroad, Freight and Passtnger, will leave aad arrive at New Depot, corner Ninth and Oranre Sta, on and alter A'nl lotn, vm . Morning train leaving Ocean View will leave at 7 i ) a. m on and after 17ta iasc R. O. GRANT, Superintendent. ap 15 St OPERA HOUSE. Friday Evening, April 23. GRAND SHELTER BENEFIT. The up-to-date farce comedy, Grlo:irgVT"i a, MA JOY POREVEH." Admission . 50 cents. No extra charge for reserved seats. aplSSt - ihsntnwefr A Corner In Lard at The Unlucky Corner. I bought right, you can eet the benefit this week on . !. Jones Pure Lard. Tais,Larje)uf eet Korton Tai Potatoes Prices at the Stoic S, W. SANDERS. aplOtt - - Spanish Peanuts for Seed."- 5QQ BUSHILS SPANISH PEANUTS (FOR Seed), SDS boahels Field Peas, S00 bags Meal, .8000 POtmds Hoop Iroa, 490 barrel. Molasses, 1 0OO bnaheUi Mixed Oata, LOW teg. NaBs, 5'0 boxes To bacco, (soma fine bargain.), and quntiiies ot other gooda, nch aa Canned Goods, Snnffs, Cigars, Che Kota, Ogarettas, Shot, Powder, Caps, Lie, Soap and complete Una of standard drag. Ask for sample, and prices before baring. . . D. L, GORE. - , ISO, I2Sj It 1M North Water street, ' P 18 tf , Wilmington M. CV
Wilmington Morning Star (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 20, 1897, edition 1
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