Newspapers / The Weekly Star (Wilmington, … / July 11, 1879, edition 1 / Page 1
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'4 r if! Wg tnx. Spirits ' ; Turpentine y - a --a f: - Q ; 2 -4 - 3C . ' : PBELI8HBD AT- i ; -AT- $1.50 a Year, in advance. S88338S8SSSSSSSS8 S3S83S8S8SSSS2ft9 88888888888888888 88888888888888888" 9Unon g 8888888888888888S SS883SSS3SS38S8SS 88888888828888888 88888888888888 - r n ii i" w wc oc 09 S8888888888S888S8 i ue suDscription prifee of the Wkkk 4.- uijin is us lOUCJWS : Single Copy 1 year, postage paid, $1.50 G months, 3 " 1.00 .50 THE K EVOLUTION IN ItUSSIA THB MHILISTN. In the July number of tho North American Rcvieio there is a paper that will be more generally read than any other in tho number. It is on "The Revolution in Russia," and is written by a Russian Nihilist, who boldly and unblashingly advocates the- as sassination of those in authority as uecessary, politic and just, thus set ling at defiance "the most, sacred and fundamental principles of our Chris tian civilization," to quote the words of the editor of the Review in his preface to the paper. The deliberate and expheii words of the Nihilist show plainly that it is the purpose of the Revolutionists to carry out their Is . ; - e : ... "I - sT . ; r a- - . ' B- -------- - - - - - - , SnrisfiriTvHfvn Pripo : plans of assassination as far as thev can, and it would seem to be in their ' power to kill off a great many of the "i According to this writer the Rus- siau novelist 1 urjrenieff onsrinated - . i j tt j . i. . cue urn. tie uoes not say wuen ne 'first used it, but we have seen it atatedelbe where that it occurs in a fa- - . i . . i t n ,lTlkaat,iriljkt txmi iiiotinn - r- -" r' w - lo stisniatizs every eccentricity, both iii polilics and social life. In 1860, wheH - ILarakozofx made ins attack upon the life ot the Emperor,tfae word became more definite, and was used to express the most fearful ideas, I such as assassination, pillage, and - I universal destruction. Outbreaks and assassinations were attempted, but it was only after the close of the Russo- I Turkiii war that the present move ment, gained headway and public li.cnleiit8 culminated in the forma tion of a great secret organization, guided by a few eminent, intelligent, bold, and enterprising men'; AH of the revolutionary elements in Russia now unite in a common purpose and determination to attempt to over throw the political affairs and social order of their vast country. The movement finds its origin, in spiration, vigor, hope and plana in the wide spread and deep-seated dis- . t. . . : . 1 1. .1 I contents mat Ciisu auu nave uaibicu i for hundreds of years, growing more intense each year, until now the revo lutionary movement is indeed a giant spectre that alarms every man in the Empire who is not a Nihilist. The writer in the North American says that every intelligent Russian may i 0;,iar1 a TJihnint for now be considered a N ihilist, tor every intelligent Russian is dissatis- J . , - , . 'au: c fied with the present condition of things and f avors a revolution. It is in the Ministry of the Interior, in the Mm a t? - ft istry of Foreign Affairs and Public Enlight- claimed that Kussia, alter resting enment,etc.; in every place copies of the under a most terriOle despotism lor jinaer a muau i.c t tnoro than six hundred years, is about to rise up and break the shackles. It is claimed that the Czars have de stroyed the industrial and political of the people. The VI wivj . writer in the Review says: "The liberty of the free cities was drown p1 in oceans ot Diooa; iuf uumm, irum a true aristocracy jeaiuus i " P"aSSrL b Czars into a class of fawning courtiers and vKireeme ara enslaved and given to the nobles as a compensation for the loss of their ansto- pivileires: in short. Russia was con- c BUb I' - . . -. .. ' . n 1 w nulint .11 uArlAtl inlO a Jail. lu'.U a DiSTC-uiai&cii, iu which the only master aou tue odijt irec man was the Czar, the knout and torture- chamber the only law. This state of things hits remained essenuauy uuwiereu m iuo nraUi Haw. The outward forms have .changed with the times, but the spirit, the .essence of Russian czardora is the same as it was three centuries ago. He denies that the Russian people are loyal to the present system, or that they mean to destroy religion, morality, family life and property, in the sense in which it is asserted. He sayji Nihilism is but another name for Russian Socialisro.ana wnat tney aim . Aotnr, ; Rnssian czardom and all IU neon wj - ; arcomnanying evils. It seeks 1 HJhJ W VOL. 10. back to the old ways, and to root lout and destroy every seed of oppression and despot-j ism, whether in polities, religion, the family or in the jlaWs governing pro perty, lie says it is fi the power of the present Emperor to oorrecl the tremendous evils and alienee all revo lutionary mullt ririgs and plane. But to do this he must giant the people freedom of speech,; of person, and of conscience, by "muzzling all the wild beasts he has let: loose upon hia coun try in the shape of police officials; by giving the Russian peoole ati least the same moderate position of liberty which he has awarded the Bnlga- nans at the price of half a million of Russian lives." warnings. He merely persists in hig old conrse of absolute despotism, and the result is that the . most violent measures become) a necessity. To kill becomes the chief word in - their ' - i. i vocabulary. The Russians are re solved to have more rights and better security at every cost. The writer says Russia is powerless to arrest the movement by j violence. As tho measures of the Czar become more repressive and severe so will the acts cf the Revolutionists beco me "more terrible and merciless." Such is the awful programme. iThe assassin is to become the avenger of the people, and the Czar is responsible for the reign of terror. Henceforth there will be no compromise. I The proclamation has gone forth "that the liberation of the people can and must be accom plished by tho people itself." The old battle cry of! the Russian dodu iar movements "Land and Liberty" is revived, and; the formula now reads: "Destructionr of the Russian Empire; re organization of Russian society on the basis of toe old Slavonic j forms of federation; and communal properly, modified and de veloped according to the doctrines of mo- .dern socialism. The conclusion of the paper of the "'Russian Nihitint" thus presents this "It is not Nihilism which has inaugura ted the reign of terror in Russia, but, once it lias come, its followers are ready to ac cept it with all its horrors, and to return terror for terror, and death for death, until their immediate purpose is , attained tha I downfall of that czardum which has through centuries been a curse and a shame to the Russian people. When one arises from the reading i :i of this sanguinary document he feels like he had been on a field of battle amid the slain anl iymg or in a is a hideous charnei house. It i '1 very cool document. 1 he writer talks of killing by assassination as It if it were a Christian virtue, is a fearful progiamrne, and as much as the American people sympa- thize with all oppressed and down- trodden nationalities they will recoil in horror when revolution is made a synonymous term (tor midnight, as sassinations. I ;i . . j t . We must mention that the Nihilists ! M have a number of newspapers scat tered over Europe j In St. Peters burg, right under the nose of the V.mrtamr lYia rwrron of-ffno J5?n?Uafn ""i'vvr " - ia published and j widely circulated. It is called Land and Liberty. Its Russian name is Semla i Svaboda. The Cologne .Gazette says of this t 1 ' paper: I I ' The hawkers or distributors of the Semla i Svaboda must, it would seem, either do their work in invisible garments, or the copies oi me paper musi lamrominesKies. ThFey are foundlcVerywhere, except when the police want to drop on them. They are found in the offices of the Civil Service, in manufactotiea, in barracks, in restaurants. oeimu aoaumut uuuucuiy uup up. xuo Councillor of State finds them between the leaves of his Conservative journal; the ser- eeant finds them folded inside his orderly book . All searcn is m vain ; tne secret way by which the paper cornea is not to be discovered. The Semla i Svaboda appears only once or twice a month. It coats six roubies a year to annual subscribers so, at least, we are informed by the announce ment inviting new: subscribers which is nrinted at the head of this s trance Deriodi cai. btiall we call mis auaacity or Danterr i , The editorial correspondent of the Augusta Chronicle, Mr. Randall, writing from Washington, says of the debate between Garfield and , uru. , , r . . . t . . i . . . . I ItlTn 1h.h1. n V n Hi nil I li I. m Vi n jl mth 11. I ac uniuii uiuncu iuat uc uau ciiuu i u ever reau tne uiaiory oi uia cuumry, ut else knavishly misapplied it. In charity I am disposed to believe that he was igno- rant. At any rate, be gave Mr. Hard, or. Ohio, the oppoitanity or mating in reoiy the most logical, the most eloquent and tri umphant speech of this session. w As Mr. Hurd made his telling points, with an earnestness and power approaching su blimity, he was greeted by the tremendous cheers of his parly, and, at the close of his speech, so overwhelmingly congratulated that all order disappeared from the House. The New Orleans Democrat says whatever "may be the cause of yel- iow icvci gcnuo vtun f"Jfiva it is certain that cold exercises a i . deadly influence upon it." rW WW TJ 'Vn tkain n. . m . I i ve mentioned recently .that Col, R chardson was ahe. largest, cotton Pinter iu the bouth. In addition to his eight large plantations he is5 en gaged extensively! in cottdii and nuuiicu uiaiiuiaciunng. ne is con- ..T. ,a..uu CuterpriBe tuai, employ o,uuu,UUU ot capital, ilia foi 1Sfl3 wprp 4 015 800 more' than "ofWiop.atiwMch.wf know ,ftndare; pre obsprvation i no51. i,. BnA : " "A&8U0 r'ii Wan pafed to say what we donH wknt. Our at ODservatlon is necessarily large and Uhe renort bfl870 which eves tho tHdd6 is nektivel bafeit iiill be found very ahnr Wlint i, U J ) aoor. wnat lie savs. therefore, is i ' I He represents the movement tui reallv J in the nature of an exodus, and. that .the negroes seem to imagine that they are nee- ing from the house of bondage into a land T. 1 fectly certain by ill-treatment. SOUS Who have MUmhftil tha Rnnth' f tvi. vuiues uave iaitea to :nna a smeie an- thentic instance nf it !! Wh.t m,p i,., nSLi0 negroes a fool's parauiBQ wnicn was to consist or all pay anu no worK, a tuasnee's iqen, such . as Carlyle speaks of , of sunshine and pump- kinsJ Ho is distinct on ! two points: first, that they are not badly treated; se- cond, that they are deceived. But the exodus has very! nearly 8pent its force. The feVer has very nearly courier-j 'ournai says: , ftbatnd st loaat fn nannf w "There is some evidence to show that, in abated, at least for the present. We 1870 or 1871 ftbout $25o,000,000 was clan note that the Louisville (Ky.) Board destinely sdded to the bonds outstanding. of lrade have beea; considering the subject and denounce the means re- . , . ... -vt 1 a ttt . sorted to m the North and West to depopulate the South. They declare 4l . t. . ,j. . , that this course is alike "unjust to the planter, and dangerous in its results." I hP HTATC lO TAf tho t,nnmfit man tha I man who can beat Grant who is training for the crown. WUminaton Star. Do you think Grant can recover from the "boom" in time 12arboro Southerner. The probabilities j are in favor of Grant's nomination.) The "boom" is not just now as vigorous and active as it was a month or two ago, but thus far the Man on Horseback has tho advantage over any one rival. If Blaine, Sherman, Conkling, Chan dler, and the remainder of the Stal warts were to unite against Grant they would inevitably defeat him for the nomination. Asj it is, they will not unite. , Conkling at least will be or Grant, and the I oLhern will not combine in active opposition. Unless his rivals unite he will be easily nom inated, possibly on! the first bal- ot. Such is the outlook now as far as we can learn from the news papers. We gave two days ago what is said by the friends of Hancock. Mr. J. R. Randall, of Georgia, has been in Washington for some weeks, and in a recent letter to the paper he is con nected with, the Augusta Chronicle, he writes: On the Democratic Bide Tilden and Thurman direct operations through power ful agencies. Much I of! the confusion and trouble in Congress arises from this Presio dency on the brain. The more I contem plate the greed and ambition of a few sel fish rvprsnna and t.hf irrnnrnnr.ft and fnllv of their dupes, the more lam impressed with the. absolute truth of Pascal's description of man as 'the wonder and scandal of the universe.'" i UEPCBL1CAN EXPENDITURES AND BOOK-KEEPING. For a long time there has been a very grave suspicion ; that all was not well with the books of the Treasury and other Departments that the ac counts had not been accurately kept during the years of Grants thieving Administration. This conviction is wide spread and well founded. The exposures made thus far show incon- testably that the figures have been manipulated from time to time, and no doubt for tho purpose of covering nr rascalitv. It is said that the dis n; in t.h fiarinn onmir in all the departments, and from 1861 to 1871 a period of ten years. The difference in the reports can only be estimated by tens of millions of dollars. We have before us the unArli nf vdrtnii a tronra anil tho (lift- agreement is very marked. We can only undertake to copy a few of the figures. In 1869 the finance report placed the expenditures of 1861-62 at ; $570,841,700.25. j In 1870 the finance report gave! the same expen ditures at $5G5,667,358.0S. Here is a difference of over five millions. Why this? In 1869 the report gave the ex penditures of 1862-'63 at $895,769,- 630.65. In 1870 the report stated them at $899,815,911.25. Here is an increase of over four: millions. Why this? Of course if the books are cor rect the reports must be the same from year to year. Why should a finance report of 1870, giving the ex penditures of seven or eight years before, differ from the finance re- port !i of 1869 which professed to -" . ui- give tne same expenai mc iuc oto A.ivMAAbuico vi DWTwii or eight years previous? t We could fill columns by pointing out the contradictions and discrepan I WILMINGTON, Ni C.y FRIIX&YvJULY, 11 1879. r . . . nAinna 'n'A nrU'nn. . m ' JdXiU iiU a: tj:- Vi . jjcuuimico, iuuuu 'a' i all through the Government.! v Take the Naval department as ,an- AtltAr oTtmnlo Tn IRftfl til ft finnnnik I re Qrt Blate8'. that the cxpenajtu res nLnZnAUnT. Thprpinoin T .-' ; t, , mi . .. .i..- BUCn a Change, J.ne DOOS lor X goo I ! ' , . t.,il t aeration was made . lgnoranuy or.ae-l signedly afterwards and theproba- . tT. ... ' r hi lit. v ih that, n dishnnoat: nnrilftsn tuna I i expenditures from 1860 to 1866 near- hy feixteen millions reoier than the: I . . : . . ( . I report of 1869 makes them ? Such is the fact. The Register's and Treas urer's books ought to agree. If prop erly kept they will agree. But they aisaSree to the extent of. one hundred . .... - an? thirty-five million dollars. Ihe bO0ks to make the transaction appear all "EfV . ! "tThere has never been any explanation as t0 the disposition of the $200,000,000 re ceived from the sale of captured and aban- doned property at the close of the war. Ihe amount teas never entered on the Ireasury Avnen you come to the public debt . ' . statement you find the same sort of I contradiction8. So much is this the case that no one can feel assured what the debt really is. How can you trust any official statements that show a discrepancy of nearly two hundred and fifty million dollars? For instance, the public debt state ment in the report of 1871 differs from that of 1870, for the years in cluded between 1862-1870, to the amount of $248,960,352. No sane man can believe that these and other contradictions and blunders occurred accidentaily. The figures were altered to meet a party exigenoy a.uT r "' fcUO . uisuoiiesb trauauctiuii luiuuguuui. The Republican leaders' .know this, J nana hence they ha ve xhicrftd effort to have them investigated or explain ed. While i Windom coolly stands up in the Senate and swears that his party has stolen nothing, here are the reports of the Departments showing altered figures and the most astound ing discrepancies. The people do not know a hundredth part of the crime and rascalities that were perpetrated by the Radicals during the sixteen years they had control oi the tarovern- ment. The probability is they will never know. The Louisville Courier- I Journal says of the Radical corrup- I ttnnn' The Secretary of the Treasury has no power to go back and alter the accounts. The alteration of the figures as practiced in the Treasury Department is a crime. A cashier, or book-keeper of a business firm who would go back ia his books and erase and alter figures and balance sheets, would be set down as a scoundrel at once. That has been the business of the Republican party with reference to the public books. It is -evident that bonds have been sold, revenue received and expenditures made C0DCeaL lt i8 more tan probable that I bonds to the extent of hundreds of millions have been redeemed and resold; that mil lions in greenbacks were reissued during the war and subsequently. One of Bout well's most: disgraceful acts was his pe remptory order to the Register of the Treasury to force balances on his books to malrA tViom arvraa Willi tlia fifrrreA at a ta. j ment made by himself of the public debt." The Farmer and Mechanic copies an editorial from the Star on South ern cotton manufacturing, and then "by way of a postcript" gives a let- ter from a gentleman of South Caro- 11Da concerning me Piemen aiiacu- ment." He writes VI have been running a Clement Attach ment since February last with perfect suc- I cess. There is no doubt about it at all. I knew nothing about manufacturing before, and I find no difficulty in running my little mill, steadily making first rate yarns at least I. have taken the premium on yarns at the State Fairs in Georgia and South Caro lina this fall. I think a small concern will pay if well managed. I run only one card and attachment and 264 spindles. I make 150 to 160 pounds Nos. 8 and 10 yarns uauy. ......... He then furnishes the following exhibit of the cost of running his mill for one day: i-i 11 DIBIT. 530 lbs. seed cotton at 3c , ! $15 60 8 operatives, ' 3 50 1 boss (overseer) 1 CO Incidentals, oils, Ac. 1 00 CREDIT. Byl50y'n,17, 25 5a Deduct expenses, 30 50 Net Profit, $5 00 2 00 $700 Waste, Ac, $30 501 This is exclusive of seed, waste. &c, which are worth from $1 50 to $2 00. The machinery. cost 1$2.000. On this his net earnings are from $6 50 to $7 00 a day. This is encouraging, Wu Mnnnt. ih0a m;ii. a in 1 L"r i an overnortQ jaroiinar .1 The New York Sun stieaks of Mr. tTilden as being, in looks, "young, - 1 strong and hopeful." Y , !A,1;'i.t-:.L.t,ti V '. ... . . . v iyi me ioreiocicin ineir vigorous op Position to Mr. Tilden.' The1 limes js ppecialiy earnest in the aaiaV 'i(bttniSh ft matter. It i , t We have reached that stage WpoiiUcal T?ry dangerousU neglected pr de-; uea. w e nave already saia mat we aoa i lmumicu JLAt:i.,aJ.Li.L i wfmr; ximeu, sua una uwaruiouuu irv art nanni-al anA an mnhati as tn Ipatr wohH have. hinx. . We ;3o not believe that there, is ,a ghost of a chance toefcet Mr. Tifideu nextn year ofcaoribtripri year :4nJ which the Southern vote is a matter of con- ' kts. n -i'-tyMk?Ai,At ' e .rs., Mr?y iUi mc-uwmw b5f 6 Gran the great duty before ha Ttam the Democrats. They must harmo nize and unite upon the strongest man. We stand prepared to sup port earnestly the nominee of, the Convention, as we do not believe they will select any other than an honest man for the place. I . The Closing of New Inlet A sngge don. In an article on the closing of the New Inlet, which appears in the Chatham Re cord, of the 3rd instant, the editor suggests that the people of Wilmington should get up a grand celebration in honor of an event which he sincerely hopes pay mark a new, era in the prosperity of our city, and invite to it the country merchants j and thrifty farmers of central, and western Carolina, who may then see and know what advan- tages are offered by, and what clever men and fair women reside in, "our goodly city by the sea." j We cordially endorse the suggestion, and hope it may meet the approval of our busi ness men and citizens generally. The closing of the New Inlet is an important event, insomuch as it solves one great pro blem in connection with the work for the improvement of our Bar and River,1 and places the feasibility of the enterprise be yond question. Now those that formerly had some doubts as to the ultimate success of the improvement are among the most san guine of its friends, and are at last firmly convinced that it will not only be carried through to a successful result, but that it will eventuate in untold benefits to the commerce of the city, as well as prove an advantage to the State at large. It is but meet and right, then, that thecompletion of ibis fiiimpoiiaiaJlak iaJjcchrn.of Jan provement to the Cape Fear River and Bar should be signalled by a celebration com mensurate with its importance. Dredslns at Bald Head Channel. : The operations of the steamer Woodbury, now employed in removing the obstruc tions in Bald Head channel, at tbe 1 en trance to Cape Fear river, were com menced the early part of the month of April last, when the depth of water was rennrteri tn be 10 feet at low tide. Some deiay, caused by making improvements in machinery and the performance of other duties, has prevented continuous work being done up to the present time; never theless she has rendered good service by increasing the depth of water one foot, the report made to the Commissioners of Navi gation and Pilotage on the 1st of July being 11 feet. j The days that the steamer did .full work during the month of June averaged three hundred cubic yards, and an improvement arranged the last of that month has in creased her ability, giving assurances that an average of three hundred and fifty yards can be obtained. Four hundred and seven teen cubic yards were removed last week in twelve hours, one-third of that time being consumed in going out to sea to dist charge the sand from the tanks into which it had been pumped. Vessels drawing fifteen feet have gone through Bald Head channel to sea, during the past week, one hour before high water. Our informant visited the Woodbury a short time since, and was much entertained viewing the operation of pumping, and also observing the capacity and close at tention of all on duty. The work is in good hands and it will do its part in bring. ing about the desireddepth of water. sadden Deatn. Mrs. Jane Wilkings, of Fayette ville, died very suddenly, of heart disease, at the resi dence of Mrs. I. B. Grainger1, on Mason boro Sound, Thursday night, about 111 o'clock, aged . 77. Mrs. Wilkings was a sister of the venerable Col. John McRae, of Fayetteville, and widow of the late E. W. Wilkings who died some time during the past year aged nearly 90. v A few minutes before her fleam sne was apparently in tne enjoyment of good health. Her remains I ... n l.lrAii tn ITairattfivillA 0ni tha f lovnlin. were taken to Fayetteville via the Carolina Central Railway Friday evening. j The 4 lb at Smituvllle. Old residents of the town inform us that they never knew a more quiet 4th than the one just past The day was observed as a holiday, and that was about all. The sig nal station was handsomely decorated with flags, and flags were displayed at the gar rison and other points.' The Revenue Cutter Colfax, lying in the harbor, was profusely decorated with flags, and presented a brilliant and imposing ape pearance. We countea loriy-six nage oi various discriptions very artistically dis Dlaved in her rigging. The Cutter fired a national salute at 12 o'clock. The Passport . nao vuMiuu uw w w distinguish the booming of the guns . I The Quietness of the day in Smithville I was attributed by some to the fact that most of the pilots were absent on duty. closed, and nrtofdSub Z W$Zhe The al. South don'l want hirri'andnn onroplnwtii NO. 37. Supreme Court Decisions ... The following we! find embraced in the Digest of Supreme! Court Opinions pub lished in Wednesday's Raleigh: Observer:. Yon Glahn vs. DeRosset ! et alv: from Brunswick. Affirmed: The Commercial Bank of Wilmington was incorporated in! January. 1847. and ex pired by limitation of its charter in Decem ber, 1871. The charter, contained a clause making the stockholders individually liable for the debts of the Bank in case of its in solyency, ; to the extent of - Bauble ihe amount of stock held by each. The plain tiff! in 1875 (and within a year from the judgments rendered! against him in. unsuc cessful suits, in his -own benair, against parate stocEnoiaersjsee von uiann "vs. arris. N. C. and Von Glahn vs. Latimer. it. C..) brought this! action in behalf of self and all other creditors, &c., against the defendant stockholders under the said personal liability clause of the charier. The defendants pleaded! the expiration oi toe charter, statute of -limitations, &c.-r From tHe judementjrendered against him the de fendant appealed: f - ; c Statute (Rev,-jodet ?af uaet wrbo tion couia at;iaw neuner be sued nor re cover debts due fit, but in order to appro priate its resources and means to the dis charge of-its obligations, the Courts of Equity interfered and gathered up the assets of the corporation, and through a receiver distributed them among the creditors. Bat equity which only interfered because of the absence of a legal remedy, ceased to do so when the statutory remedy, was established. Section 5 of the act referred to provided that "all corporations whose charters shall expire by their own limitation, or shall be annulled by forfeiture or otherwise, shall nevertheless be continued bodies corporate for the term of three years after the time when they would have, been so dissolved, for the purpose of prosecuting and de fending suits, &c., and gradually to settle' their business," &c. Section 0 ve3ts, upon the dissolution, in the Court of Equity, the; power upon application of a creditor or stockholder within the three years to. appoint one or more trustees or receivers to .take charge of the estate and effects thereof, to collect debts and pro perty, &c, and to do all other acts which might be done by such corporation, if in being, that may be ! necessary for the final settlement of the business, &e., such pow ers to continue as long as the court may deem necessary. The relief provided by the statute is within the reach of each and every creditor and of the stockholders daring the space of three years next ensuing the dissolution and no longer. The; limitation is reason able and proper in itself, and an inseparable condition of the remedy. The plaintiff has not, nor has any one; who might have done so, applied for the; appointment of a re ceiver or trustee, and thereby prolonged the corporate life under the act, and thus its benems nave been forfeited and lost by lapse ot time and tne plain US's negligence. State vs. Heaton, j from New Hanover. Reversed. The defendant being Clerk of the Supe rior Court of New Hanover county, was indicted for embezzlement under the fifth and eighth sections of chapter. 15C, acts 1876-'77, the first of which imposes a tax on mortgages where the amount secured exceeds $300, and requires the Probate Judge to receive and pay over the same In this section there; is a proviso in a sepa rate clause that mortgages, osc, made to Ltt :afiyaoce8.s iie. Buvieci 10 ineriaKC. ine eisntn section ;,i.ne eighth provides that a6y officer convicte(3Jf;vio-: gating the preceding section, or of appro priating to 1113 own use any State, county, city or town taxes, shall be guilty of em bezzlement, and may be punished by im prisonment in the penitentiary &c. The indictment charged that the defend ant, "by virtue of his office as Superior Court Clerk, received and collected from A. B. the sum Of one dollar on a.' certain mortgage deed as a tax due the State, which said sum was the property of and for the use of the said State, j being a tax as afore said, which said sum the defendant, &c, wilfully, &c, converted and appropriated," &c The defendant; moved to quash the bill on the ground that it failed to charge that the mortgage secured an amount ex ceeding $300, and, second, that the bill failed to negative the mortgage deed as one to secure agricultural advances. The mo tion to quash was allowed, and the Solicitor appealed. Held: It is sufficient if the words of a statute are substantially followed, or words of equivalent import are used', and this Court is of opinion that sufficient matter appears in the indictment to enable the Court to proceed to judgment, and that the bill ought not to have been quashed. The fact that the tax received was upon a mort gage securing an amount in excess of $300, . was so explicitly charged as to admit of no intendment to the contrary when it was averred that the defendant received the sum of one dollar on a certain mortgage deed as a tax upon the same which was the property of the btate, &c. These words exclude every inference that the money was received on a mortgage deed not taxed, and as conclusively convey the idea that it was received on a mortgage subject to the tax as if it had been charged in the very words of the statute. Held: That there was equal error in quash ing for the second reason assigned, for it is a well established principle that if there be an exception contained in a clause of the act which creates the ouence, the indict ment must show negatively that the subject of the indictment does not come within the exception;. but when the exception or pro viso is in a subsequent clause of the statute, as in this case, it is a matter of defence for the defendant, and need not be negatived in the pleading. Down at New Inlet and Bald Head. A! gentleman, who visited our Bar and River Improvements yesterday, furnishes the following interesting statement of con ditions at that point:; Mr. Editor: In your issue of Thursday vou mentioned that a new passage had broken out between New Inlet, which was lately closed, and Bald Head. This is an error. The facts are! as follows: The great gale of April, 1877, broke over and washed the beach, for a distance ot tnree tnousand feet, leaving the entire distance covered with water about one foot below ebb tide, and making a narrow passage of greater depth, which has been known as "Philip's Inlet," .through which, at high tide, some very light draft vessels have passed. I visited, yesterday, in company , with Mr. Bacon, the engineer in charge, the point alluded to, and found the space of 3000 feet all closed at low tide, excepting about 200 feet, which had about one foot of water. The 2800 feet is all dry at half tides, nearly half of it at three-quarters tide, and about one mile to one and a half miles wide, gaining ground continually. -' The passage is closing also. A vessel of twenty tons attempted to pass through last Friday and was still land-locked at a r. M vesterdav. The entire line of beach from New Inlet to Bald Head Channel has the appearance of standing firm. The work at New Inlet is being strength ened greatly by the accumulation of sand on both sides as wel as dressing up with stone, ( Winston Lcadsr: Wheat har vest about over; not as heavy as was at urst expected, out a good averagtv i Uat crop fane; now beings harvested, i Corn is being laid byaiMl Is lookiner weu. Aiie iruit crop is not as. good j as ; last year; peaches are dropping ) off badly. , ;u; ;.C'T. Spartanburg Spartan'. Tho annn.il l address before the Female-College ! was delivered by Prof. J; ' R. Blake.' t of 1 Davidson College. Hi theme S was "Natural Science in Schools." j The theme ; was ably discussed, and ! " it Is as great a compliment as we can I pat the address : to say that it was i delivered by Prof.; Blake in his usual- I lyhappytv ,- s f 1 tr At. a meeting of the Atlantic, j. Tepnesse & Ohio Railroad,' held at ' StatesVille, ; the following- directors j wee elected,1: Viz;;! Messrs. W. R. ; Myers,-A. B.' Springs, T, J., Moore, j . M. M Orr, C: A. Carlton;' E. B. , Dr&ke anoT J. H.'Reid;' X)J I Sum- 1 .mers and JVLi Btown wereappointed a- J? inance committee, and .Ur. J .f II. , Mo Aden P, A Carlton : and J.t II. j McElwee a committee on Projdei. 1 Tne editor of the Durham iict ! cordei ha Is the : pleasure 'of meeting 1 hesday morning, on' his way to i italeigh, and says be is improved in health,; though looking thin and feeble. ; He proposes to spend part of the summer atone of the Virginia alum springs and part at the. Buffalo Lithia. ; He hopes to be restored suf ficiently to enter upon the fall cir cuit. . ; Charlotte Southern Home: The crop8;were never better any previous season, sq reports say; but rain is be ginning to be badly ! needed in some sections, while others have had ' an abundance of good rain. States- ville is in earnest about having the Narrow Gauge. Railroad to Taylors yille, Alexander county. She offers to grade and crosstie it half way, and will take a vote the first Thursday in August about subscribing $10,000 to that .end. Charlotte Observer: Senator Vance will be heret Sunday, having stopped over on his return to par ticipate in the celebration of tho Franklin County Centennial which takes place to-day at Louisburg. The Richmond & Danville R. R. has advertised that hereafter only one name will be allowed on a 500 mile ticket; two names; on a 1,000 mile ticket and three on a 4,000 mile ticket. Too many people wanted to take advantage of the low rate. Chatham Record: A District Conference of the Christian or O'Kelleyite Church was held at Hanks' Chapel, three miles southeast of this place, commencing on the 27th and adjourning on the 29th of June. This was a "Conference of District No. 6, composed of certain churches in this and Moore counties. The preachers in attendance were IjohgfwG. ClemntsO. Apoor?: t Uir tt u j e r m nu. " first named gentleman was elected President, and Mr. Peter Hatch Sec retary. ; The next Conference will be held next .November, near Merry Oaks, in this county. Winston Leader: The most 'shocking" thing we know of this time of the year is a wheat field. We arc glad to meet Cadet Midshipman Willie Gray, who is at home on furlough. Mr. W. O. Shelbnro, the gentlemanly clerk, at the Merchants' Hotel, had the misfortune to have his collar bone broken in a fall at the picnic on Friday. We regret to learn that flux is prevailing to quite' an alarming extent among the children in llifi neigh borhood ot belhania, many cases "proving fatal. A farmer in Yadkin county found a dead sheep a few days since, and, supposing it bad been killed by dogs, put strychnine upon the dead body, thinking the dogs would return to their spoil. The result was, next morning, thirteen dogs, three hogs and a numher of buzzards were found dead, two of the bogs belonging to the man who administered the poison. The sheep was burned next day. Wadesboro Herald: One L. W. Lindsay, who calls himself Capt. Lind say, and sometimes Dr. Lindsay, and who professes to be a photographer- and artist, and claims to be a member of the Jfresby terian Church, and makes himself proniif nent in the Sunday schools aBd church services wherever he goes, is a clever, shrewd take-in, a complete fraud, a ; con summate rascal. He has been operating at Statesville, Liincolnton, Lenoir, Taylors viile, Olin, and whenever be could be has shamefully swindled the people by false hood under the guise of the basest hypo crisy. - A Utile son of Mr. M. O. Stricklin, a gentleman of veracity, living a short distance from Wadesboro, was in the crib shelling corn: a hen new into the crib; was caught by the lad and, in a playful mood he put it into a box and soon alter lcit the crib. : The hen was missed, and at the expiration of twenty-seven days the lad happened to think of having shut it up in the box, and on examination found the hen still alive. - Raleigh Farmer & Mechanic: The Commissioner comes back from his recent trip through the counties of Wilson, Edgecombe and Pitt, delighted with his observations. A young man of a well known family, at Chapel Hill, (and for .the family's sake we omit the name) was badly hurt by being struck on the bead with the door bar of a negro cabin, where be was sleeping, at the hands of Jim Hogan, col ored, who, it is said, struck without know ing who he was hitting. Who were- the first patrons of the "Pinafore ?" Why, Adam and Eve, to be sure, my dear; that - is ahem. I fig-urativcly speaking. A big barbecue : was held at Dunnsville,. Wake county, on Saturday, with the object " of bringing together the leading farmers whose lands are affecte 1 by the back water of Major McPheeters' cotton seed oil mill on Neuse river. The design is to buy the mill property and tear out the dam. - The argument in the Swepson case was continued before the Supreme Court on Tuesday. Papers banded up. Maj. A. M. Lewis and W. S. Mason, assisting Solicitor T. P. Devereux; Col. T. C. Fuller, Judge Fowle and Col. T. Ruffln for defendant. James Duffy, Assistant Engineer at the Asylum, got tired of home folks and "went west" with his family, to seek a better place. The other day be came- back, and . is satisfied North Carolina is a good place' to come back to, as well as "to move from." Robert D. Osborne, Columbus Mills, James H. Orr, Frank Wilson, John A. Wilson, Richard A. Springs and this , is only a partial list of the young men, of, once high promise, whom Charlotte has lost within less than a year ! - '
The Weekly Star (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 11, 1879, edition 1
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