North Carolina Newspapers

I ' - - - Bggggg i - .JMUii mui... - - ' ' , f She wuceiug rar. . 1 11 ; . ., .,r ' , , .: 1 .-" ' 1 la::, : , : . HIE WEEKLY. bTAR. - 88S8888888888888S ' 88888888888888888 - 83888888883888188 tiiuow8 gsa88SgS!8g88g8S8 8888888888888888S iqpom ssas88q3assgg 8SS8S8S8S8S888888 " I 888888S'3888888883 "H J838SK88SS8888888S " 88888888888888888; I' : ! . ' ' ; . ! . a ! . : 3 s s 4 s s s j s s s''i t s St Mctei at the Pt Office afWilmtgton, N. C, i SUBSCRIPTION PRICE. The subscription price of the Weekly Star Um Sins! 0py 1 yor, postage paid.. ..$1 00 .. 60 .. 80 6 monthi ' 8 months : SCARED OUT OF IT. ., The Force bill may not be burieqi but to all intents and purposes it is 'as dead as a salted mackerel. 'It never had much life in it, never was endorsed by the public sentiment ojf even the Republican party much less ;the people of the country,1 and it had o:)!y the quasi support of-i.no incon siderable number .of the Representa tives of that party. They gave it s:ch support as they did not because It diet with their 'judgment but be-ei'.u-ie it was Considered a" party measure and had the endorsement of th.; party caucus, backed by the pa-trua-'e dispenser in the White House. Hi had banked on It and gave it out to be . distinctly understood that Senators who o bposed it heed expect no favors from him. He turned the m! I shoulder to Senators Wolcott. Stewart and Teh er, ana treated them only with frgud politeness. When the Idaho Senators voted to displace the Force bill to give precedence to trie financial Dpi, he whipped them i.iVo voting to recall it later, through fear, of losing certain j offices for friends- which, they wanted. Senator H ar who assumed the leadership of the bill, was kept busy running to when, he wasn't i tne u lute House,' busy.trying'to drum up : a quorum. conferring with the Boss; and devi sing the ways and means to keep the shaky Senatoijs in linej But after all ; their mental ' tribulation; plot ting planning, jwhip-cracking, threat- eninz and coaxing, they have been thrashed out at last, and as neatly and cleverly' as' any gang of conspira tors ever:werej : ' . But even some of the Senator who were disposed to support it grew cool in their ardor as events developed and they caug it on to some things which were happening and caught on to contingencies that might hap pen; and concluded that in this case discretion might prove the '. better part of valor. 1 The Governor of West Virginia in his message t(j the Legislature made a suggestion which would in all probability have been adopted in all the Southern States, to the effect that if the' States might Force bill passed the find it to 'their interest to hold the State elections on differ ent days from the National or Con gressional elections, which would prevent any with the elect This is one 'orce bill" interference on of State officers. thing which the. Force advocates had not taken into consid erationfur thtey counted on making machine effective not only in electing Congressmen and. Presidential electors, but effective also in eventually getting control of some of the Southern States.- This had its effect. I " .' ) The action bv several of the SouthernStates; in deferring consid eration , of proposed appropriations for Stat exhibits pending the dispo sition of the Force) bill, had its effect, too, on some of the Western Senators. . . The passage of resolutions by the Legislatures of New Jersey, Mich igan, Indiana and Wisconsin, by. the lower House of the Illinois, Kansas and Nebraska Legislatures, protest ing against the passage of the bill also, doubtless, had its effect. : But there was another thing which had more effect than j all these. It came to the Force bill boomers in some way that if this bill was passed certain Northern States, which now have Democratic Legislatures, like Ohio, Indiana, Michigan, Wisconsin, and others, as well as the Southern States, might see fit to retaliate by ordaining that the electors for Presi dent and "Vice President shall be chosen by the Legislatures of those States, as miy.be done if the States so elect,- instead of by the vote of the people las now ' chosen. This would put a very big bug. in the but termilk of the men who happened to be the Republican candidates for President and Vice-President and .would leave very little use for; the Force bill as a President-making fac- tor. i ., j'; This was one of the possible; con tingencies which didn t enter into their calulations when they sprang that infamous piece of machinery to get control bf the ballot boxes and ensure the election of the nextlPresi- aent. ; They saw in it something which looked very much like a boomerang which it wouldn't ido to " 1 - - ' ' tr - f - - " - - ' ' ' VOL. XXII, fool with, and wisely concluded that they had better let it alone. That they propose to let it alone seems to be pretty, conclusive from the action of the caucus of Repub lican Senatorscalled to discuss the situation after the gag resolution was quashed, in which an order of business was decided upon which leaves the Force bill out in the cold. ii me election returns De any indication the St. Louis" Globe-Dem ocrat, Republican, got down to the hard-pan truth when it ' remarked that it was "folly to. ignore the fact that large numbers of voters in all the States have been alienated from the Republican party." As a matter of fact it does look very much that way, although it seems to be hard for the - Republican statesmen to catch on. "Old Hutch," the Chicago grain speculator, who was rated worth $20, 000,000 in 1870, is said to be reduced now to a single million,, having lost at the rate of a million a year. At the earnest solicitation of his family he has retired. As the old man is not of very extravagant habits he can pull through on a million. There is a bill before the New York Legislature which provides for a fine of $25 on a voter who fails to vote at a general election. WILSON TO FLORENCE. Tie lAst lank in the "Short Cut The Contracts Set and Tracks to Bun Through by August First. The Fayetteville Observer gives the following particulars concerning work ph the "Short Cut:" The last link in the Atlantic Coast Line s "Short Cut" to the South, via Fayetteville, will soon be welded by the ties of steel, the contracts for grading the remaining 43 milesf between Fay etteville and Rowland, having been let out to contractors on the 22nd inst. The work has been divided into nine sections, in order to expediate matters, and from one of the authorities we learn inai me contracts were awarded as follows- Sections 1, 3, 4 and 5 to the State penitentiary. Section 2 to Col. R. L. Coleman, of Union. S. C. Section 6, 7, 8 and 9 to Mavrant & jacKson, oi cneraw, u. Trestline and piling contract to R. A. Simmons, of Philadelphia, Pa. I he contracts stipulate that all work is to be finished on or before the 1st of August next, so that next winter's Southern travel can take advantage of the "Snort Cut to the boutn over the Atlantic Coast Line. Grading will com mence at once at both ends of the line The convicts are expected this week. As soon as the first ten miles are graded track-laying will commence. A Hunter's Tribute. " 'King," the best deer dog in Bruns wick county, was accidentally killed Fri day, his life being crushed out bv a fall ing tree. He was owned by Mr. Alex. Liles, and though not a dog of Black St. Hubert's breed, ! Unmatched' for courage, breath and speed," . ; He would bring to gun as many deer in a day's hunt as the best hound that ever opened on a trail. : The intelligence of his untimely death was. received with genuine sorrow by our field editor, to whose pleasure He had so often contributed, and who had so often Cheered him on the vanished game, Poor old "King !" The heartiness with which he entered into the sports of the field, his childlike devotion to his master, and the loving expression of his "soft black eye" can never be forgotten by those who knew him. Though his head was not "hung with ears that sweep away the morning dew,' he was a "King" among dogs. The Custom House. . A. Young, colored, whose appoint ment by President Harrison as Collector of Customs for the port of Wilmington was announced in the Star yesterday, at present holds the position of inspec tor of customs for this district, at a compensation of $4 per day. If his ap pointment is confirmed by the Senate which is considered doubtful the pres ent force in the Custom expect to "walk put,''" to give place to new comers from Raleigh or Granville county, Jno. Taylor, the present deputy col lector, who was Young's opponent for the place, was appointed chief deputy by the late Collector Pennypacker. He has been in the Customs Service for five years, and made a capable and efficient officer. Wilmington & Onslow Railroad. The first train on the W., O. & E. C. R. R., from Wilmington to Jacksonville, Onslow county, went through last Thurs day, and it is understood that a regular daily schedule between the two places will soon be announced. The work at the new terminus of the road in this city ha3 progressed rapidly, and by Tues day next it is probable that trains will leave from the depot at the corner of Queen and Surry streets. Mr. Isaac Bates, A letter from Mr. Isaac Bates, dated January 17, says he would leave the fol- lounnor week for England where he would spend a few- days and then sail for home. This indicates his arrival here early ia February. The most grati fying feature of his letter is the state' ment that his health is steadily improv ing. Hot True. The Norfolk Z&vrrsays: "The report that the schooner Frank S. Hall, Capt. Harris, from New York to Wilmington, had been beached near Cape Hatteras, with rudder gone, is untrue. The vessel arrived in Hampton Roads this mora ine and Capt Harris, who was in the F3r city to-day, reports the vessel all right.' THE ELECTION GASES. FOURTH DAY OF THE TRIAL IN THL SUPERIOR COURT. Arguments of Counsel Judge MclTer's Charge to the Jury A Verdict For the Defendant. ; Court convened at .10 o'clock, when Mr. Martin for the defence, made an argument m support of the plea of res adjudicata which was offered by the de fence in abatement of the action now be ing maintained. - His effort, viewed from a legal standpoint, was an able one. Speaking of the exclusive jurisdiction of the Board of Canvassers and their determination as final and conclusive, Mr. Martin sketched the history of the various acts of the General Assembly, regulative of elections, and he showed by citation" of the opinions 6 the Supreme Court that by the concurrence in time of opinion and amendment that the intention of the General Assembly was to create a court of special and .final, jurisdiction for the determination of contested elections. The acts of 1871 and '72 gave to the County Commissioners the power to add the returns.' This act, and particu larly this clause, was construed by the Supreme Court in Moore vs. Jones. 76, N. C. The Court said that the Com missioners acting by virtue of the power conferred by this statute could only add the returns and announce the totals. They were ministerial officers and could not even pass upon the validity of the return itself. In the session of 1870 and '77 the Legislature passed an act (chap. 275, sec. 25). creating a Board of Canvassers, providing in said act that at the said meeting the Board of Can vassers shall open and canvass the re turns.' Canvass as defined by Worces ter, means to scrutinize, to examine with a view to ascertain the truth. The Legislature evidently had in mind the decision in Moore vs. Tones, and meant to' jdothe the Board of Can vassers- with new and enlarged pow ers. In Swain vs. RcRae, 80, N. C, there is an allusion to this amendment; but the Court do not construe it, as the case was decided upon another point. Peebles vs. .Commissioners of Davie, 82 N. C, is a case in which this act of 1877 is expressly construed, and the Court decide that all the Canvassing Board can do is to scrutinize and exam ine the returns themselves. They may see if they are correct upon their face, buj are 'concluded from going behind them to attack them. If they are ifl fact what they purport to be, then the Board must receive and count them. leaving the aggrieved party, if any, to his remedy in the courts. In 1883 The Code was adopted and a further amend ment was made to the election law. Section 2694 added after the words open and canvass," which the Supreme Court had construed in the Peebles' case, the- words "and judicially deter mine the returns." The case of Gatling vs. Boone, reported in the 98th N. C. Report, was a case of injunction and the Court construes this section of The Code. The plea of res adjudicata was put in and the trial judge Avery sustained the plea. The Supreme Court overruled the plea and in their opinion drew a distinction between judicially determining the returns and declaring what the true result of the election was, The rights of parties cannot be adjusted without a full and fair knowledge of all the facts, lhis section does not give the Canvassing Board power to go be hind the returns; to examine; witnesses and see if the returns in themselves are correct. They can declare the true re sult of the election by the inspection of the returns only, which might be false and fraudulent. Hence with that ele ment ot uncertainty and no adjudication of the rights of parties, there can be no estoppel by the action of the Canvassing Board, . The same case was again be fore the Court and is reported in the 101st Report. 1 he Legislature met a few months after the rendition of this decision, and passed the Act entitled chapter 287, section 9 of the Laws of 1889. Foiled in their repeated at tempts to enlarge the jurisdiction of the Board of Canvassers the Legisla ture determined to make their intention clear. They had in mind the" decision in Gatling vs. Boone, They desired to expedite the settlement of contested election cases and determined to give to the Canvassing Board full power to fin ally determine the rights of parties and pronounce a judgment which could only be impeached for fraud in an action of quo warranto. The act gives to the Canvassing Board power, "to judicially canvass the returns; judicially pass upon all facts relative to the election and jn dicially declare the true result of the same ;" appreciating . the distinction drawn by the Supreme Court in Boone's case and fairly meeting it by giving to the Canvassing Board, in the language used bv the Supreme Court, the in creased power. Judge Russell in his reply controvert ed the position assumed by Mr. Martin At the conclusion of his remarks Judge Mclver said that he overruled the plea, l he deience excepted. The jury was called in. His Honor presented the issue that he had pre oared: ''Was the plaintiff's relator, S. Van Amringe, duly elected to the office of Clerk of the Superior Court of New Hanover on the 4th day of November, 1890. and is he entitled to be inducted into said office. Judge Russell then proposed not to go the jury buc that he would admit the answer to be true, and let the case stand on the complaint and answer with an agreed fact added, that "Thomas, claim ing to be the Registrar, held the elec tion." The Court declined to submit any issue but the one it had offered and lef used the offer. Judge Russell opened the case for the relator. He said that he would contend that the olaintiff was entitled to a ver dict whether Thomas was appointed Reg istrar bv Cowan and Kerr or noL "That ac cording to the pleadings and all the eyi- dence Thomas ana.tnose wno acxea witn him were de facto officers, and in the absence of fraud their acts were legal in all their consequences. Mr : Rountree for the defence coo tended that Thomas was a usurper and WILMINGTON, N. 0., FRIDAY, FEBRUARY 6, 1891. consequently could do no legal act. r A de facto officer is : one who acts under color of right, without having a legal right. . Thomas had not the color of a right, as he is not to be believed, when his testimony in regard to his appoint ment is contradicted by nve or j six others." .-- . Messrs. - Bellamy, Meares and Sted- man addressed the jury in the order named, calling attention to the; contra dictions and descrepancies in Thomas' . testimofly.Hnsisting that because of these he was not worthy of credit and could not be believed. Judge Russell closed the case for the plaintiff. .-. . . j His Honor charged the iurv as fol lows: I - The question submitted for your de termination is, "Was the plaintiff relator. S. Van Amringe, duly elected to the office of Clerk of the Superior Court of New Hanover county, on the 4th day of November. A. D 1890, and is he I en titled to be" inducted into said office ?" This question you are to answer from the testimony as you have it fromlthe witnesses, and from the law as given you by the court. It is admitted that. it the vote of Cape b ear township be counted, and added to the votes cast in the other townships in the county, as the elatorclaims-itlhould- be,-then your answer should be "Yes." But if Cape Fear township be excluded from the computation, as the defendant! in sists it ongnt to De, then your answer should be "No." . I The Board of County Canvassers. having canvassed the vote of the county excluding Cape Fear township, and hav ing declared thedetendant duly elected. and inducted him into office.esrablighed, prima lacie, his rights thereto, and it devolves on the plaintiff relator to estab lish, by preponderance of proof, that he. and not the defendant, was in factiduly 1 i 1 J . . 1 r - : ciccicu, anu mat tne 09am 01 canvass ers snouid nave so declared, The plaintiff relator claims and insists tnai c n. 1 nomas was lawiuliv ar- pointed Registrar of Cape Fear town ship, by a majority of the Justices of that township, in the place of James Cowan, who had been appointed Regis trar by the County Commissioners, but who.on account of sickness.failed to act; that he, Thomas, being so appointed, opened the registration books, as re quired by law, kept them open,1 and accessible to all eligible cititizens--that all had an opportunity to register; and all, with a few exceptions, did, inl fact, register, and no one, lawfully entitled. was excluded; that he, Thomas, was present with the books at Castle Hayne, '-.1 11! . L me poning piace 01 me town- Ship, on the second Saturdav preceding the election, with others, judges ot elec tion, to revise the books, and to hear and pass upon any challenges that had been made; that he was present on the dav of election, with the booKs; that he appoint ed poll-holders, or judges of election, where those who had been appointed failed to attend, or failed to act, and he, with the judges thus appointed, held the election, fairly and lawfully, admitting all lawfully qualified voters, and (exclud ing none lawfully entitled. But ;the de fendant says that Thomas was not Reg istrar, either in law or in fact; I that in taking charge of the books, and with holding them from Cowan, the only Registrar in cape r ear township, and assuming to act as Registrar, he was simply an usurper, or intruder, and all his acts were void. 1 his is substantially the contention 01 the parties. According to the testimony of the witnesses on both sides, who testified in regard to it, Thomas and his appointees did hold an election in Cape rear town ship; that the same was lair, the count fair and honest, and, as far as, any wit ness knew, tree trom lraud. So the question narrows down to this! Was a lawful election held in Cape Far town-. ship on the 4th day of: November, 1890, and did the plaintiff, relator, receive 155 votes for Clerk of the Superior Court ? It you rind trom the evidence, under the law as I shall declare it to you, that a lawful election was held in Cape Fear township, and that the plaintiff received 155 votes, you will respond Yes, to the issue. To determine this question it is important and necessary to enquire by what authority, if any, C. H. Thomas acted. If vou find from the! evidence that Thomas was appointed j Registrar by a majority of the justices of Cape Fear township, in place of James Cowan, who from any cause failed to act, then he was Registrar de jure, and all his acts in registering voters, appointing judges of election, and holding the election, were valid in law, and the election Was lawfully held, and your answer to the issue should be, Yes. But if you do not find that he was Registrar de jure, that he was not ap pointed Registrar by the justices of the township, you will next enquire whether he was Registrar de facto that is, was he a Registrar by color of legal appoint ment.'' it you believe Irom the evidence that Cowan appointed him! to act in his stead, and he did so act, this, though Cowan had no legal right to appoint, would be color of legal appointment, and constitute a de facto Registrar. So, if vou believe the entry in 1 the iustice's record book, of October 1st, 1890, was put there by Thomas, under the direc tion or sanction ot cowan, and that Thomas acted under it, while it would not be a legal appointment, it would be color of legal appointment and consti tute him a de facto Kegistrar. A regis tration officer is ajiecessary one in order to afford an opportunity to all eligible citizens to register, , and if you believe from the evidence that Thomas assumed to act as Registrar, and did act, openly and notoriously, for so long a time as to lead the public reasonably to presume that he had been legally appointed, this would constitute him Registrar de facto. So if you find from the evidence that he was de facto Registrar, as I have thus ex plained, and that he acted in that capac ity, his acts were valid and binding so far as the public are concerned as the acts of a Registrar de jure, and this whether he was sworn or not, and the election thus held by him and his appointees would be valid, and your answer to the issue should be. "Yes." Otherwise, "No." If you find - .mm from the evidence .that Cowan con tinued to act as Registrar and employed Thomas as clerk to assist him, and that Thomas whilst sastaining this relation to Cowan fraudulently obtained posses sion of the books on the second Satur day preceding the election - under a promise to return them, and assumed to act as Registrar, he was an intruder, ano had no authority and could perform no lawful official act, and in consequence the election held by him, and, his ap pointees, was void, and your answer to the issue should be, "No, It is orooer that I should remind you that the right to vote is a constitutional right, and registration laws are intended to regulate that right, but cannot destroy, or abridge it. In order to facilitate the exercise of this right, and to prevent illegal voting, fraud and confusion at elections, registration is not. only-im portant but essential, and to mate it serve the purpose of the; law-it must be made by the proper officer in the way and manner, and the time, prescribed by law, The jury retired at 6.30 o'clock and in a half hour returned with their response to the issues "No." This decided the case in favor of the present incumbent Col. Jno. D. Taylor. GENERAL ASSEMBLY. The Bill to Establish An Industrial School For Girls Passed by the House After Amendment Other Measures Considered And Aoted Upon. . Special Star Report. ' - SENATE. ! . Raleigh'. Jan. 29. . The Senate was called to order by4 Lieut. Gov. Holt and was opened with prayer by Rev. J. L. Foster; of the city. Journal of Wednesday was read and approved. " j , PETITIONS, j By Turner of Iredell,, by Avera, Allen of Bladen, Parker. Bull i referred to Committee on Propositions and Griev ances. ; ... I REPORTS FROM COMMITTEES. Messrs, Twitty, Reynolds. Durham. Allen of Bladen, Galloway and Parker. trom Committee op Propositions and Grievances. 5 1 Bellamy, from Committee oa Military Affairs. Bellamy, Wilcox, Alleni of Bladen, Mitchell, Twitty, Aycock.from Commit tee on Corporations. f Bulla, trom Judiciary Committee. Culbreth, from Committee on En grossed Bills. 1 BILLS AND RESOLUTIONS. By Bellamy, bill to incorporate the Caledonia Pottery Company ; also, bill to amend the charter of the Champion Compress Company of Wilmington ; also, bill to incorporate J the Phoenix Fertilizer Company ; referred to Com mittee on Corporations. Also, a bill to amend chap. 453, Laws 1889 ; referred to Committee! on Banks and Currency. Also, bill -to amend Laws ot 1889; re ferred to Fish and Fisheries. By Allen of 1 Bladen, to incorporate school-house No. 23 in Bladen co. By Davis of Haywood, bill to incor porate the Asheville Trust; Co. By fame, bill lor the protection ot ju rors and witnesses. i By Galloway, bill to pay witnesses in Coroner's Courts. By Avery, resolution to supply Ruth erford College: with certain: publications. By Aycock, bill to amend lhe Code in relation to bonds o Register 01 Deeds. 1 By Parker, three bills to (prohibit the sale of liquor' near certains churches in Hertford county. BILLS PASSED! S. B. 160, to incorporate 1 the town of Leesville: third reading. S. B. 217, amending the charter 01 Newberne; passed second and third readings. 1 S. B. 243, authorizing I the town ot Lincolnton to issue bonds for the erec tion of water works; passed third read ing. ! H. B. 228, S. B. 247, authorizing the commissioners of Graham county to levy a special tax; passed third 'reading. House amendments to bill incorpor ating the S. W. Skinner Company, con fining its real estate to 1,000 acres, was concurred in.. t S. R. 307, resolution of thanks to Mr, W. V. Clifton, for a gavel prseented the Senate, was unanimously adopted S. B. 225, amending chap. 181, Laws 1889, concerning certain registration of physicians, passed seconp and third readings. t S. B. 232, to authorize the Wilmington Light Infantry to purchase a lot for an armory and create a reserve corps. Question was asked if there was any cannon in mis Dill. Mrj Bellamy an swered that : there was none. It was a simple bill to permit the Wilmington Light Infantry to own a ipt lor armory purposes and they would 1 keep no can non. The bill passed second and third readings. S, B. 253, to establish a tree ierry across Cape Fear and Brunswick rivers in New Hanover county, passed second readme. Senators Wilcox, Kusseu, tsisnopana Lucas were granted leaves of absence on account of sickness. H. B. 242, S. B. 290, to incorporate the town of Aden, Pitt county; passed second reading.- H. B. 246,, S. B. 293. to incorporate Table Rock: Academy in Burke county; passed second and third readings, H. B. 260, s. B. aai, to create a new township in Watauga county; passed second and third readings. H. B. 252. S. B. 301. tq amend chap, 280, Laws 1889, so as to include Harnett county; passed second and third read ings. S. B, 261, to incorporate the Baptist University ' of North Carolina; passed second and third readings. S. B. 263, incorporating. White Plain Presbyterian church in.Bladen county; passed second and third readings. b. tJ. 2B4j, to amend , tne cnaner 01 Maxton, Robeson county;;passed secdnd reading, i - S. B. 274. amending the charter ot tne Tarboro Land and Investment torn pany; passed second and third readings, ' -rC . - . T- 1-1- 3. d. A lK incorporating Dcuiau uci- man Reformed Churchy in Davidson county; passed second and third read' mes. S. B. .280, incorporating Bfedenton Presbyterian Church, in Bladen county; passed second and third readings. S. B. 315, to protect the water supply of the city of Goldsboro; j passed second and tnira readings. j S. B. 31C, incorporating the East Car olina Land and Improvement Company; passed second and third readings. Adjourned. j HOUSE OF REPRESENTATIVES. The House was called to order at 11 o'clock by Speaker Doughton, and after prayer by Rev. Mr. Hall, the journal 01 yesterday was read ana approved PETITIONS Toms, lor prohibition of sale of liquor near Oak: Grove Church. Kuthertora countv. i 1 Bryan of Wayne, for repeal of law re lating to drainage of land c Hedrick. for repeal of homestead law, Prince, to extend the corporate limit of Cokesburv Church, Harnett co. Watson, for a pension for a Confeder ate soldier. Sutton, that teachers aeed not be an nually examined. Hickman, in regard to! catchin terra pins. ! ! REPORTS OF COMMITTEES, Rav made report for Committee on Proposition and Grievances: Sutton for Committee on Judiciary; Skinner for same committee, and also for Internal Improvement; Coffield'ifor Committee on Finance; McClure for same commit tee; Gilmer for Committee on Educa tion: Bond for Committee on Fish In terests. . i I ! BILLS INTRODUCED. Bills were introduced and referred as follows: Coffield. to incorporate the town of Everett, in Martin county. Pickett, in regard to making the pub lic roads in Anson county. Holmatn. to amend tike revenue laws of 1889, i i Holman, to authorize 1 Craven county to lew a special tax. Toms, to prohibit the sale of liquor near Oak Grove Church, Kuthenoro county. i Lowery, to enlarge the jurisdiction of justices of the peace. 1 Stroup, to incorporate Cherryville. tamhul, to protect birds in Kowan county. Lineback, to incorporate the frieze Manufacturing Co., in Forsyth county. Curry, to authorize tne commissioners of Moore county .to fund the county debt. . Scott, to change the time of holding Alamance Superior Court. Hood, to amend the chapter of the Code entitled crimes and punishment. Prince, to reduce the tees lor marriage licenses. Bryan, of Wayne, in regard to draining lands in Wayne county. . Watson, tor relief ot a confederate soldier. - j Hendricks, to amend the public school law. , ! Hickman, in relation to catching dia mond back terrapin. The Chair then announcEd the expira tion of the morning hour. Sutton rose to a Question of personal privilege, and said that it had been as serted that there was some misunder standing in regard to the language used by him in debateyesterday on his Bank bill incorporating the Bank of Com merce. He desired to .say that he did not bear any malice towards the gentle man (Mr. Peebles)' who had opposed him, and stated to the House that he was willing to meet the gentleman half way and shake hands, &c. Peebles said that he had no malice at all in the matter, but simply opposed the bill, as he thought the bill uncon stitutional, and could not consciencious- ly favor it as a representative, &c, and that he would accept the gentleman's proposition and meet him half way and shake hands. Peebles and Sutton then advanced to the front of the Clerk's desk and shook hands. TMuch applause.! Sutton I leave it to the House and the gallery if I am not the best looking man of the two. Laughter and ap plause. 1 he bill in reference to the Battery Park Hotel and Improvement Company was then taken up and referred to the Committee on b inance. INDUSTRIAL SCHOOL. ' The bill to establish the Industrial and Normal School for girls was then taken up. j urier spoke in advocacy 01 tne 0111 and said he thought the Alliance was pledged to it. If any amendment was required it could be accomplished by a supplemental Dill. Williams inquired it the Alliance resolution meant to take the appropria tion from the school fund. i Grier said he did not know about that : that it made but little difference that the speakers on each side had been too extreme. He was conservative and hoped that a mighty medium might be reached. He hoped that all who had opposed the bill would come over and vote for it. McGill spoke in opposition to the bin, Holman asked that the bill be con sidered in sections. Tones objected Upon a vote the House decided the bill should be read in sections. " Upon the second section in regard to election of a board,. Holman offered an amendment that the General Assembly should elect a Board of Directors, one one from each Congressional district, in lieu of appointment by the Board of Ed ucation. Adopted. Lowrev offered an amendment to strike out "that those who take advan tage of free tuition shall teach: school Watson said he did not mink we should put the girls under obligation to teach that it should be free tuition. Bryan, of Wayne, said he was in favor of the bill so as to get a good corps ot teachers. Ray said he thought it came with a very bad grace from the gentleman who favored the bill-and who spoke so ler- vently and warmly for the women of the land, to make them pledge themselves to teach let them have the education free and come out unencumbered with any pledge to teach. That the papers were full of advertisements of good and well qualified girls who wanted to teach and they sometimes bad those adver tisements running for months; that the real purpose 01 the bill was to make po sitions for a few men who expected to run the establishment; that it had been said by Grier that we were too extreme, but he did not think so. He was as much mterested'as any one in the edu cation of the girls, but this or any other institution should not be built at tne ex pense of the school fund. Jones spoke in advocacy. 01 tne dui, said that the gentleman had cast an aspersion upon the Board of-Education tnat ne (Kay; naa saia maxims ouaru would "shackle" these girls that this . 1 . , v , 1 . -1 i. L T" 1 intimated a hard hearted set of 'men to do so; that he had attacked men who could not'reply that these men could get positions anywhere out. of v. , .... the Mate; that tney were good men had no personal interest in getting fat offices in the institution. I ones spoke to the Republican side 01 the House as to their plank On public education. Lineback (interrupting) said he would have the gentleman to understand that he took these remarks as a personal re flection. . Jones said he meant no personal re flection; that he spoke oi the Republican party in general. Sutton said that since there had been a grape vine telegraph between him and the gentleman from Northampton (Pee bles) established, that they congratula ted themselves that the scene of war had shifted. fLaughter and applause. He then proceeded to support the bill; said that if these gentlemen who opposed the bill desired to kill the bill, they had started right by loading; it with amend ments; that he thought we could safely pass the bill as it stood; that he was willing to risk the judgment of the Su perintendent of Public Instruction. Hendricks favored the amendment; said Jones had better look after his own side of the House, && Mr. Cobb spoke in opposition to the bill. Ray said he arose to a question of personal privilege. He said that the "seat of war had not been shiftted" as Sutton had said, but he wished to put himself right before the House. He said he had a high regard for the Superin tendent of Public Instruction, and the other gentlemen, but that it was putting too much power in the hands ot any man or any set of men; that the gentle man (Tones) had said that he had at tacked men outside of the hall who could not reply. Brinsoir interrupting" Did you not say that it was not for the girls' benefit, but for a few soft places to be filled? Ray I said and I repeat it, that there are gentlemen who are earnestly lobby ing this bill who receive fromlthe State $2,000 for institute work, &c, and that these were the girls who wanted places. and could not get Slo per month. Skinner and Pritchard advocated the passage of the bill. Holman spoke to his amendment. The previous question was ordered and the amendment was adopted. This amendment places tur- tion free, with the pledge of the student to teach. Cowan moved to amend so as to take the appropriation from the general fund instead of the school fund. Holman sent up a substitute, that the NO. 12 Board of Directors be empowered to draw on the State Treasurer for 10,000, to Come out of the general fund, Ac-,, cepted and adopted. - ; Holman offered an amendment in re gard to a house for the girls to board ; appropriating $3,000 instead of "any part of the farst year s appropriation. Adopted. . ; The bill then passed as amended by a vote of yeas 80 ; nays 17. Morton, by consent, took up the bill to enrpower the Board of Aldermen of vv uimngton iu convey a iui. io mc vy h- mington Light Infantry tor an armory, and to organize a reserve corps. Passed second and third readings and ordered enrolled. Adjourned. SENATE. J Raleiqh, Jan. 30. , The Senate was called tp order by Lieut. Gov. Holt, and opened with prayer by Rev. Dr. L. L. Nash, of this city. The journal of Thursday was read and approved. Sundry petitions of a local nature were presented. Reports were submitted by Messrs. Turner, Avery, Reynolds, Paine, Reid Butler, Bellamy. Parker and Aycock. from the Judiciary Committee; Bell and Walser, from Committee on Education; Bellamy, from Committee on Military Affairs; Griggsby, from Committee on Agriculture, Mechanids. &c; Bellamy, from Committee" on Corporations; Culbreth, from Committee on Engross ed Bills. BILLS AND RESOLUTIONS INTRODUCED. By Aycock, to amend sec. 685 of The Code. By Davis, of Haywood, to amend sec. 2755 of The Code, in relation to land notices and grants. By Chesson, to amend the charter ot the Atlantic and Washington Railway Company. : By Bellamy, to authorize the city 01 Wilmington to establish a sewer system for that city. By Bellamy, to empower New Han over county to issue bonds for the erec tion of a court house and tor other pur poses. By Reynolds, to amend charter of the Salem Water Supply Company. BILLS passed. To establish a free ferry across the Cape Fear and Brunswick rivers in New Hanover county; passed third reading. To amend chap. 25, Private Laws 1889, charter of the town of Maxton, Robeson county; passed third reading. Appointing trustees for Leaksville Academy; passed second and third read ing. Bill incorporating the town of Aden, Pitt county, passed third reading. To authorize the Board of Education of Haywood county to pay certain school claims; passed second and third readings. . Amending sec. 709 ot lhe Code con cerning compensation of the Board of County Commissioners; passed second and third readings. For relief of clerk of Superior Court of Moore county; passed second and third readings. Repealing chap. 234, Laws 1889, which makes Roanoke river a lawful fence in Northampton county; passed second and third readings. Amending chap. 15b,Eaws 1883; passed second and third readings. SPECIAL ORDER. Williams, bill to amend The Code in relation to interest; fixing the legal rate at 6 per cent, under all circumstances. Mr. Bellamy opposed this bill, be cause .he thought it- inexpedient to at this time tamper with the advancing prosperity oi the State and her many developing mechanical, mineral and manufacturing industries. If the pend ing bill would or could accomplish the ends which the Senator of Pitt honestly believed it would, he would be one of its most ardent supporters; but it would not. He feared only bad results from the pas sage of such a bill as this one. It would cripple every prosperous industry now in course 01 development. Capital was now pouring into North Carolina seek ing investment, and aiding in bringing before the world our many latent re sources. Mr. Bellamy made a clear and concise argument, showing that the re striction of the rate of interest was dam aging to the material prosperity of any State. He quoted from the laws of Flo rida, South Carolina, Georgia, Alabama and elsewhere, and compared them with the present law of North Carolina, and could see no good, reasonable, or busi ness reasons for any change in the North Carolina law, particularly when it threat ened the disruption of so many of the material interests of our State which are based wholly upon the ready use of capital, much of which was borrowed at a rate of interest .perfectly satisfactory to those who had to borrow. He spoke of the banking system restricted from loans upon real estate, and of Building and Loan Associations whose loans are confined wholly upon real estate. At this crictial juncture in North Carolina's progress, he hoped this Senate by its vote, will not interfere in our present interests laws. It will prove disastrous. Aycock offered, as a substitute, to strike out the last three lines of section 3835 of The Code, repealing all laws in conflict therewith and that this amend ment shall not take effect until Novem 15, 1892. Aycock thought that it this bill would drive capital out of the State, then capital should go. He did not think such would be the effect. He thought 6 per cent, interest would hold capital enough in North Carolina to de velop all her farms and resources. Capi tal at a -higher rate of interest was a curse to the State and had better be kept out of the State. He thought six percent, was as high as any man in North Carolina could afford to pay, and meet his obligations. He fixed the date for his substitute to take effect so as to give capital already invested time to be prepared to meet the requirements of the law. ' Twitty did not see this interest mat ter exactly as others. He thought the original bill a dangerous one. He hoped the Senate would proceed carefully and give the matter a full and free discus sion. He thought this the most criti cal legislation the General Assembly will be called to vote upon. It the sub stitute was adopted he would support it; if not, he would vote against the bill. The building and loan associations were doing the laborer and mechanic in his county and district much good. "He was very much afraid of this legislation. Whatever is done should be done care fully, after the most deliberate consid eration, f Allen of Granville favored the six per cent. bill. He .did not believe in the building and loan associations. He thought that if North Carolina was floeded with money and he could not use it on his farm, it was no good to him, and money put in the ground at eight per cent, could be dug out at the same rate. Bowers thought the farmer would be poor as long as he borrowed money, and that hejwould borrow money as long as he was poor. He had known a man to borrow a dollar and spend seventy-five cents for whiskey, drink half of it and walk around with twenty-five cents in his hand and swear he was rich enough to buy out Vanderbilt. Williams, of Pitt, said he had intro duced the bill for the good of old North Carolinaher people, her industries,, her poorpeoplertier laborers, her farmers , and her all. He believed it would be for the good of all. Willidms attributed the fall of the Roman Empire to her usur ious law of interest. Unrestricted laws opened the doors for fraud, corruption, despotism', cruelty, and all manner of evils to the people of any country. He . knew that no honest man could thrive upon capital he might be compelled to" borrow at a higher rate of interest than six,"per cent., do justice to himself, , his family and his country and meet his ob ligations. If our people cannot use money suceesssfully at a higher rate t of interest3 than six per cent, then; let the laws of North Caro lina make its legal rate six percent, and no more. The Democratic party through Gov. Fowle, and the Republican party through Docker, had advocated it throughout the campaign two years ago, r and were committed to it. As to driv ing capital out of the State, he did not believe it, and the man who advocated such an argument did not know any thing .about this subject of interest. Williams, and Green ot Wake, ad dressed the Senate on the interest bill, and pending its consideration the Senate adjourned. HOUSE OF REPRESENTATIVES. The Speaker's gaveKifell promptly at 11 o'clock, and after prayer by Rev. Dr. Branson, the journal of yesterday was read and approved. PETITIONS. Patterson, to prohibit the sale of liquor near a church. Biddix, from ladies of the town of Marion. . Franks, from Onslow Alliances in re gard to debt of said county. Cowan, to incorporate a high school. RESOLUTIONS AND BILLS INTRODUCED. : Pritchard, resolution in regard to the public printing. The following' bills were introduced and referred to appropriate committees: Hopkins, to improve the labor sys tem., ' Reed, to amend the law to raise re venue. Nash, for relief of D. B. Tucker, a teacher. Robertson, to incorporate a church. Lowe, to amend charter of Durham Water Co. Denny, to provide to pay for the in terest! in two townships in Surry co. Long, to prohibit sale of liquor near a church. - Hickman, to authorize the Commis sioners of Columbus to" levy a special taxi Cowan, to incorporate a church. Hilman, to incorporate the town of Hobgood. Prince, in regard to fees of county of ficers. ' Biddix, to incorporate the Bank ol. Marion. Bond, to prohibit the sale of liquor -near a church. Also, to amend the charter of Edenton. Bass, to change the name of Toisnot to Elm City. Lineback, to prohibit the sale of liquor , near certain churches. Sutton, to incorporate the Fayetteville Land and Improvement Co. The morning hour having expired, leaves of absence were granted Messrs. Perry, Scott, Patterson, Oliver, Cole, Brake, Edmundson, Taylor, Pickett. Alexander sent up a resolution to the effect that the House onSaturdays meet at 10 a. m. and adjourn at 1 p. m and meet on Mondays at 3 p. m. Adopttd. This resolution he explained, was to en able the members living near-by to visit their families. Message from the Senate enclosing sundry bills passed by that body, and asking concurrence of the House was read. ; CALENDAR. The calendar was then taken up. ' Bill to amend the charter of the town of Salisbury, passed third reading. Bill to amend sec. 1590 of The Code in relation to the rentings and sales of lands of wards. The Senate sent in a substitute for this bill and the House, failed to concur. A committee of con ference was appointed., : Bill to incorporate the Piedmont Bank of Morganton amended by the Judi ciary Committee, and as amended pass ed second and third readings. Bill to amend the charter of the town of Wadesboro ; amended by the Senate ; amendments concurred in and the bill passed. BL'l to amend chap. 92, Laws 1882, in regard to the Palmetto Railroad ; sub-. stitute by Judiciary Commistee adopted and bill passed second and third read ings. - - Bill, to repeal chap. 403, Laws 1887, passed second and third readings. Resolution of instruction to our Sena tors in regard to the Force bill, Senate amendment which changes it to a reso lution of thanks for its defeat. Adopted. Bill to regulate the pay of jurors. Failed. - .m Bill to pay witnesses who attended on the committee which investigated the railroads liable to taxation. Substitute by Finance Committee adopted. I Bill to compel personal representa tives to plead the statute of limitations. Amended by the Judiciary Committee, and as amended passed second and third readings. Bill to amend chapter 215, Laws 1885, in relation to the Carthage railroad; passed second and third readings. Resolution ot thanks to Dr. . M. Curry, and request for copy of his ad dress: Adopted. 7 Bill to amend chapter 17, Laws 1881, in regard to Tucker's Grove Camp Ground in Lincoln county. Failed. Bill to prohibit sale of liquor near Whittier, Swain county, Methodist Church. Recommitted. Bill to amend chapter 12, volume -2, of The Code, in regard to cruelty to anj mals; passed second and third readings. Bill to.- regulate fishing in Croatpn Sound; passed second reading. Bill to form Salem township in Gran ville county; passed second and third readings. Bill in relation to the Norfolk & Southern Railroad Co.; recommitted. 1 Bill in regard, to" chattel mortgages. Prohibits the mortgaging of household and kitchen furniture without the wife's consent and privy examination; passed second and third readings. Bill to authorize Rockingham county to issue bonds; passed second and, third readings. -.'. Bill to authorize Polk county ,ta levy a special tax; passed second reading. Skinner, by consent, , then withdrew the following: Bill t incorporate the Greenville.. Land and Improvement Co., and bill for the development of the town of Green ville. " Henry moved to reconsider the bill to amend the charter of the Palmetto Railroad. The House refused to con sider. Bills passed second reading: To fund . the debt of the city of Wilmington; to ' amend the charter of Salem. Bills passed second and third read ings: To amend chap. 861, Laws 1889, in regard to public roads; to amend -chap. 193, Laws 1889, in regard to public roads in Clay and Graham counties: to repeal chap. 27, Laws 1889; to change the name of Chowan Academy; to make January 17th (the birthday of Gen. R. E. Lee), a legal holiday; to incorporate the Farmers' and Mechanics Bank of Newbern. Adjourned. SENATE. Raleigh, Jan. 31. , The Senate was called to order by Lieut. Gov. Holt, and opened- with ; prayer by Rev. M. M. '.Marhall of this city. The journal of Friday was read and approved. Twitty presented a petition from Green River Baptist Church in Polk county. ' CONTINUED ON FOURTH PAGE, - u 1 ' 1 1." r. i ml. i h 1 1 I v' .' 'I ! I Mi m 1 -t i; i!