- --"' '''-' ---- . - DAILY. NEWS. 'o - SiNK k UZZELL, - - Proprietors. If AYETTKVILLK STREET, r.vcr V. C. Stronach & Co.'s Store. DAILY NEWS. RATES OF AD VE RTIS1NO . One square, one InsertioH.... j i on One square, two Insertions 150 y"" square, inree insertions. 2 56 CAfcll iNVAItlAJiLY IN ADVANCE. I n PYII.Y NEWS will be delivered to juiwei.-iW at kiktkkn cents per week, p;iv:it,e ' Hi earner weekly. Mailed at f7 per fv'fursixinonths; S2forthreo SI. 111! "IS. Tii--., MKKLV NEWS at 2 per annunc. XUfl square, six insertions... .. 3 00 One square, one month . . 8 00 One RflllA-rA t Vl Tk Tn , . gxn - 1 - ."'-'i luo .......... . 10 inj One square, six months 30 00 ue square, v . elve months ... 50 nn tJ?t-l?ir advertisements, liberal con tracts wiir be made. Ten line solid non YQL. II. RALEIGH, N. C THURSDAY MORNING. APRIL 24. 1873. NO. 50. pareil constitute one square. ' l"T3f CT 15 -S3 11 JL. JI J A PllOr-'lSSfilOIVA.l GAUDS. H E . C U L L O M 1 1 1 o r n e y a t Law, SMITUFIELD, N. C. Practices in the Superior Courts of John ston, Wayne, Wake, Hali.'ax, Warren and adjoining counties, and in the Supreme Court of 'iui Caiolina. -Claiuis eollcci ed in any part Of the State. apl0-3m. Walter Clark. O L A It K J. M. MOLLEN. ULLEN. M J f TO ilY 1 'S 1 T LA ti HAL I FAX, N. C. i'ractice in all the Courts of Halifax j,,,rtlui:iipton and E'lyeeombe counties in tae supreme Court of .North Carolina ui.'l in the federal Courts. Ca - Collections made in all parts of North (.'Molina. inn4-ly K.I. I'll.NlGLAND, WM. 11. DAY LAW PARTNERSHIP. c ON 1 G LAND' & D A Y ATTORNEYS AT LAW iialifa: c. I'ractice in the Courts of Halifax and ad .oiniug counties in the Supreme Court of the Mate, and in the Fedeial Courts. They will i ve .special at lent ion to collecting and consulting business, and to adjusting the yi-C'iimls of executors, administrators and guardians. Tne J nnior partner will attend at his of fice in V eidou on (Saturdays and Mondays ol each weeK. no i.Vtf A. s. MKlillDiOX. THOJIAS C. FULLER, S. A. ASHE llililUIMON, FILLER & ASHE, Aituiiicys and Counsellors at. Law, it A L E I G II , N . C . Wi.l iv.u-tiee in the State and Federal Courts, wi. erever their services may be required. r .'U'FICE: Fount r euiiee of l'nillips & Mer- riiiiou. leUa-oui J.- li. ILVl-'ClIELOit. W. f LL'JiJdi.1: L. C. EDWARD BArCilKLOR. ! ATCUELOK, EDWARDS AND I -J iiAlflinLUH, ATTORNEYS 'AT LAW, IIALE1UH N. C.. Will aUen 1 in the 'ouits of Wake, Gran vllle. f ran aim, v aireu, Halifax, North ciiiiituii it:ia .hatha in. and tne Federal ana . 'Mi;-! cine oui'ls. jan 3-tf A L E X s m i t ii A 1 TOXIN EV AT LAW, SCOTLAND NECK, N . C Will practice in u:e ourls of Halifax and H'ljuiiuiiii enmiiit.i. CoiitctKjiis attended to In all parts of the Si. -.it-. may 11-11 irl. ii. lit' N IN, 13 U "N SAM'LT, WILL Williams 1 A M S , I TTO t X 2 4 .IT Ll IS UOCKY MOUNT, N. C. TIL I A IIS & DUNN it ALE1GH, N. C. Business letters may be addressed eilLier to.ltocKy Mount or lwaleiga.-asr iialiiii If'lk'ited ia acy ptrt of the State. t'ract ice in the Supreme Court of the State ami iu tnu i- ederal Court at Kaleigh mn i-n. . Tin- unrivaled Medicine is warranted not to c ;n tain a single panicle ol Mercury, or auy injurious mineral &ubstance, but is PURELY VEGETABLE. Fur FOKTY YEA1W it lias proved its rat vlue in all uiseases of the Liver, ilo vt-i and Kidneys. Thousands of tiie cdd.I an i v.ii al in all parts of the country vi.ui-li l f iis wonderiul and peculiar power in i-iurilyiin: tiie lilood, Btiniulatimr the inVpid Liver ami Hnwels, and imparting new 'Lite and Vigor to the whole system. JMKNiV l-IVi)t liEGULATOR is ac ivii iw lo.led to have no equal as a LIVEIl 3IEDICINE, : It contain four medical elements, never utiued iu the same happy proportion in any other preparation, viz : a gentle Ca liiai t'i'-, a Wdiitteriu' Tonic, an unexception able Alterative and a certain Corrective of all i mammies of the body, such signal stic,''t-s.s lins attended Un use, that it is now regarded as I lie ii real Unfailing- Specific tor I.ivcr Cornpl lints and the painful off Siilings thereof, to wit: DYtSfKPrfl A, C iNs 1 '11'a'I ION. .T:undk-e.inlious attacks. .-rclv llHAKACHiO. Coiie, Depression of Sunns, SOUK rii'OMACii, Tieart Burn, iSn:. iVc. Uegulate the Liver and prevent CHILLS AND FEVER. SIMMONS' LIVPPv REGULATOR Is manufactured orj'y by J. 11. ZEILIN & CO., Macon, Ga , and Philadelphia. Price S1.00 per picltake; sent by mail, p;.stige iaid, 1.04. I'rep ired ready tor use 51. tii), uiii H.iiO. b SUIT) BY ALL DRUGGISTS' Beware of all tatioiis.-rjjji counted its and Imi ieblS-DiS Vv eodlim A V R E N N y ' o.s. 24 niul 2G Union St., N O R F OLK, V A . , MANUFACTUlUCn AND DEALEll IN Cstrriagcs, liussieN, - Sulkies, Harness, Saddles, Halters, Humes, Whips, Horse Lothing Lap-Robes, &c. Also, Farm Wagons, Carts, Cart Wheels and Axles, farm Gear, &c. A large and varied stock always on hano. UasurpaeieU inducements ottered mer ChiuU. Bept6-i2mW. - CORNING EDITION. She nkij)U guila Qtw. 1 IIURSDAY... .APRIL 21. 1873. LOCAL MATTER. E. C. WOODSON, City Editor State of the Thermometer. The rheruiouieter yesterday stood as follows at Branson's Book Store : At-9 a. m 54 a; ia m At 3 p. m. At 6 p. m HZ 56 Local Briefs. Overcoats Were in vorme vesterdav. The city election comes off on Monday week. Don't tail to register. The- tiuie is getting short. The Citizen's Cornet Baud are soon to have a new uniform. The same old dearth of news con tinued in the Policn Court yesterda'y. Now is the time tn get a good stock of sheep. See the advertisement of Jones & Chavasse. We regret to learn that Mrs. J. C. Kins', wile or our Chict vt Joliee, on yesterday7 ft-11 in a fainting xit and severely inured herseit. The committee to mike arrangements sor the -approaching festival or Hick man, Lod";e, I. O. G. T. will mett at Oak City Hall on Friday afternoon. The Cadets of Temperaqce will meet at the Mayor's office, on Friday evening. All the boys in the city are invited to attend. The ladies of the dcnton Methodist Chuich are making extensive prepara tions for the charades and tableaux which they intend giviug shortly. "The-Press and the Printer's Devil" is the subject of the lecture of Cap. "J. Barron Hope which he will deliver at Tucker lldl, on the evening of the 1st of May. The Citizens' Cornet Band dirCoursed excellent muic. from the west portico of the Capitol, yesterday afternoon. This band plays remarkably well con sidering their practice. - We were misinformed in making the annonucement. in our ln6t issue, that Col. VvmMyers, of Charlotte, had de clined 'he appointmco tendered to him by Gov. Caldwell as a delegate fiom thi3 State to the comiDg Convention at Atlanta, Ga., iu reference to the Great Western and Atlantic Canal. C,ol Br em's appointment was not to fill aDy vacancy. CONFESSION BY A FELON ! A FIENDISH CKIME ! We gave a full account of the tria and conviction of George Lea, colored, for the horrible crime perpetrated by him on the person of a highly respecta ble and very aged white maiden lady in Caswell county, the oiience was without any mitigating circumstances, and was one of the most fiendish in the crimiual history of the State. The evidence of his guilt was overwhelm ing. Lea was sentenced to be hanged, at Yaiici'vville, on the Cth of May. Since his trial we learn he has made a -confession of his crime. xio Change of Gauge. We cpy the following on the proposed charge of cuace of the North Carolina Rail road from the Norfolk Virginian. The Virginian, will see from .Judge Albert son's opinion published to-day, that the injunction is continued. This for the present, defeats the change of guage : " We copy from the Raleigh Neics ti e followiag paragraph, which is. pregnant with meaning. In speaking of the in junction pending before Judge Albert son, it says : Without expressing an opinion as to the legal merits of the case, we hope that the State will be successful in pre venting a change, of gaue of the North Carolina Railroad from Greensboro to CliarloUe. AVe believe such a change will work detriment to the interests of the State, and will place North Carolina virtually in the hands of a foreign com pany. The News is undoubtedly right. Such a change would destroy the whole ss- onil Ur..ar th r,.mi,'in ti..n ' m a - up in her. own interests by her wisest jneu, I in favor of Tom Scott & Co." The Humphrey House. This new and elegant hotel at Goldsboro, which opened on Saturday last under the au spices of Dr. S. P. Wright,is in full blast. We had the pleasure of dining there yesterday, and can .with propriety say that it deserves the patronaue of the public, the table is well supplied, every thing is neat and in good order, and Dr. Wright evidently understands his business. Our young friend AY." took, laffclw with the Yarborough House, is at present with the Humphrey House, and we wish him a pleisant soioum in our sister city.- Departed tub Life of "Single? Cussedness." Our whilom batchelor friend, Bonitz, of the Goldsboro ATcsscn ger, was married in Lynchburg, Va., i n Tuesday morning, to a fair daughter of that city, and arrived at Goldsboro on Tuesday night We wish him -a happy future and many anniversaries of the day he " departed." Election To-Day. -Do not forget the election to day for the increased lax for school purposes. The election takes place to day. We hive heretofore-given a detailed statement of the law on the subject. - Putting a Hoop on the Family t Lomt Tjarrel. The following mor ceau from the pen of the wit of the Dan lury News. It is a good thing and wt give it locally : Putting a hoop on the family flour barrel is an operation that will hardly bear an encore. The woman generally attempts it belore the man comes home to dinner. She sets the hoop on the end of the staves, takes a deliberate aim with the rowing pin, and then shutting both eyes Brings the pin down with all the force of one arm, while the other instinctively shields her face. Then she makes a dive for the camphor and un bleached muslin, and. when Ihe man comes home she is sitting back of the stove, thinking of St. Stephen and the other martyrs, while a burnt dinner and the "camphor are struggling heroi cally for the mastery. He says it she had kept her temper she wouldn't have got hurt. And he visits the barrel him self, and puts the hoop on very care fully, and adjusts it po nicely to the top of every stave that only a few smart knocks apparently are needed to bring it down right, then he laughs to him self to think what a fuss his wife kicked up over a simple matter that only need ed a little patience to adjust itself and then gets the hammer, and retches the hooo a sharp rap on t lie side, and the other side flies up and catches him on bridge or the -nose tilling his soul with wrath and his eyes with tears, and the next instant that barrel is flying across the room, accompauied by the hammer, and other candidate for camphor and g is enrolled in the great army that is unceasingly marching toward the grave. ' ' Our New Citizens. It is gratilying to meet with the many new citizens who have come among us, intent on working our waste places, and develop ing the immeuse resources, now dor mant within our State. This clas-s of people represent Canada, Esgland, Iro- laud and France, with a goodly number horn the liritish possesions on our own continent. I hey arc men used to work. and readily appreciate the advantages offered them in this tree landand evince great satisf action in the protec tion wnich our Uiws vouch saye to them. Alteady, many heretofore Ims reu old fields have been reclaimed through their industry, and where once grew broom straw and piue bushes, luxuriant gardens uow grow. Content with small incomts, these people will continue to improve their, little estates, until they make them not only a source of great reve nue to themselves, but ud vaniagtMits' to us as a State. There is no reason why our lands should not become-as productive as the lands in Pennsylvania. Our climate is be.ter, aud our seasons more practical. We cau grow as good wheat, and ns tine fruit, as auy climate in the United States, and this fact is beginning to manilest itself to our native citizjus. who with pride, look upon. the efforts of our 'new. citizens' to make large yie.ds, from small farms. Th.jre is yet room for many more to come and reap abundantly of our hid dcu treasures. Smoking Tobacco. Among the va rious manufacturers of the weed in this State none can excel the enterpising firm of Webb, Roulhac & Co., of Hills boro. N. C. Prof. Kerr has received a package of -"Premium' Star," their best brand, for exhibition at Vienna. This celebrated smoking tobacco has taken the highest premium at nearly all the fairs, where it has been exhibited, and is destined to be entenively used by smokers. This firm is represented by W. C. Stronach, grocer, in this city and persons would do .well to call and iu sptct the various brands which are guaranteed to give satisfaction. Amer- can smoking tobaco is taking prece dence in foreign markets, and this de partment of Vienna wilt doubtless be well represented, and we are jr'ad to note that the N. C, manufacturers in tend to "put in an appearance" there, with some of their best samples. OiiPHAN AsYi.ur.--A large and inter esting convocation cf'Rileigh. Chapter, No. 10. R. A. M.isons, was held in this city on Tuesday evening, M.- E. W. G Hill, lliuh Priest, presiding. An ap- propiiation ot 23 was made to the Orphan Asylum at Oxford.. Afterwards a collection was taken up, by which $15 'additional was raised. This most de serving enterprise is enlisting the sym pathies ot ihe liberal hearted all over the State, and is destined, under tiie present efficient management, to prove of lasting bent fit to that helpless class 'A little oues who are dependent gener allv unon the cold chanties ot an un J K world, i here is one orphan at II. .1. .1... A . t.. n. V. n n . r- f.MlnH ln.f leasM, in tins is rum w asiuuuujui in time to save him from being bound to a negro benevolent ! How horrible! Let the arouse and lend a helping hand to wrest these innocent ones lrom a slavery worse than death Baby House. Have you seen that beautiful house in'Nat L- Brown's win dow ? If not take the little girls there and show them this model building, intended lor doils, and which will make a beautiful ornament for any parlor. This toy will certainly prove a source of amusement for the children of a whole neighborhood. ' "It i3t two feet,- nine inches long, about 19 inches wide, and has real wiudows, doors, chimneys and all the appointments tor a lirishe.i residence to accommodate a whole family of doll babies. A skillful work man must have constructed this little mansion. Call and inspect it, ye little ones. . Pardoned. His Excellency, Gov. Ca'dweil, yesterday caused a pardon to issue, lrom the Executive office for J. C Bell, who wa3 convicted at the recent term of Iredel county Superior court of an assault and sentenced to thirtv davs imprisonment. (1) Pare Whiskey t v and mellow ! Century THE SUIT AGAINST TIIE It. & D. RAILROAD. TIIE INJUNCTION SUSTAINED. JUDGE ALBERTSON'S OPINION, Appeal to the Supreme Court. As will be seen from the following. Judge Albertson, in his opinion, deliv ered on Tuesday in Oxford," sustains the injunction by Jude Watts on the ap plication of the State authorities to pre vent the Richmond and Danville Rail road from altering the gauge of the N. C. R. R. west of Greensboro. The his tory of the case is too well known to our -readers to require further introduc ton : State of North Carolina, vs. The Rich mond & D inville Railroad, et el. The plaintift alleges that iu 1871 the N. C.R. It. Company leased the road belong ing to that corporation to the defendant. That the defendant was about to alter the gauge of the road from Greensboro to Charlotte to the damage of the peo ple of the State, and on this complaint an injunceion was obtained from Judge Watts restraining the proposed altera tion of gauge. The defendants admit the lease of the Railroad aud that they intend to change the gauge as alleged and say : 1st. '1 fiat the State cannot sue in this action. - 2nd. That they have the right to make the proposed alteration. Therefore they move to dissolve the injunction. JUDGE ALBEHTSON 8 OPINION: I think the name of the State may be used in this action from general priuci pies. In Stoiy's Equity Jurisprudence, Vol. 2, Section 922, it is said that " in case of public nuisance, an information lies in Equity to red-ess the griev ance by way of injunction. Informa tions in Equity have been maintained against a public nuisance by stopping a highway. If it is a common nuisance to all the public an information lies." In Attorney General vs. Forbes, 2 Mjlue and Craig, 129, Lord Cottenham said : -'The Court of Exchequer, ns well as ttus court, acting as a court or Equity, has a well established jurisdic tion, upon a proceeding by way ol information, to prevent nuisances to public harbors and roads, and in snort. to prevent public nuisances." The action may be sustained by the State as a corporator. In the Bank of the United States vs.- Planters Bank of Georgia, 9 Wheaton. 904, the Court uses this language: "It is, Ave think, a sound principle that when a government is a partner in any trading company, it divests itself, so far s concerns the transactions, of that company, or its sovereign character, and takts that of a private person. As a member of a corporation a government never exercises its sovereignty." The State of North Carolina is a corporator in the Isorth -Carolina Rail Road, aud so far as she is a stockholder she is a private person as to its affairs. and there can be no reason ,vby she may not sue or be sued as a private corporator. Section 3G8, C. C. P., provides, "that wheu an action shall lie brought by the Attorney General on the relation or information of a person having an interest in the question, the name of such person shall be joined with the State as plaintiff, &c." The expression, "person having an interest" is tquivolant tc "party haing an iuterest," and.' necessarily embraces the State as a private stockholder whenever she supports that character. If the State wishes the Attorney Gener al to sue in a case properly demanding a remedy it would be needless to entitle the action, " The Statelipon the relation of the State" There can be no virtue in such tautology. If this action is biougiit by the S:ate as a fpriv.; p my, the- State is the name of the plaintiff and it sufficiently named. Sec tion 8G0, C. C. P., paragraph 3, con tiHiplates that the Attorney General shall use the name of the State iu its sovereign capacity and in cases like the present. T think that chapter 270. sec tion 82, clause 1, of the Acts of 1868 09 in prescribing the powers and du i -s of the Attorney General gives him full power to use the name of the State in this cause. Either as a private stock holder or as i sovereign the State can maintain the action. A large portion of the able arguments of the counsel in this cause was given to the consideration of the question as to whether the lease made by the N. C. Railroad to the Richmond and Danville Railroad is in fact a valid lease. It seems to me that this question is not raised by the pleadings. In the complaint it is alleged that there is such a Ieae and in the answer the fact is admitted. There is no issue on this point and there is nothing for the Court to decide. I take it for granted there is a lease, such as is alleged by the plaintiff and admitted by the de fendants. Tberremaining point is, does the act of the defendants in altering the gauge of the N. C. Railroad from Greensboro to Charlotte entitle the plaintiff to an injunction restraining that act? The question is not whether the jn. C. Railroad or its kssee, the cteJendaut, .1 . - . C A I can Change me gaue oi me roau through its entire route, buV whether e ther party can change the gauge over a portion of tin line, leaving,the other pai t ot the road the old gaue f It is not necessary to decida whether alt R, coiporation, whose charter is silent upon the subject, can or cannot change its sraUie. Thatistheact com plained of. By the act of the defendant the gauge of the road is cue width from Goldshcro to Greensboro, and of anoth er width lrom Greensboro to Charlotte. i thi3 such'an act as entitles the plain tiff to the redress he seeks ? In Agnor vs. Regent's Canal Co., Coopers Rep. 77, Iord Eidon 8ays : "It termini were changed, and instead of proceeding to some great town or city, the canal or road were to- terminate in some obscure village, an injunction might be granted." The N. C. R. R., has its termini at Goldsboro and Charlotte. If the con templated change of gauge be effected, thprp will in fap.t. hft two rfnrla thp. tpr- mini of the one being Goldsboro and Greensboro, and of the other at Greens boro and Charlotte. The termini of the Road will be effectually altered, and a leading Railroad, , in which the plain tiff is largely interested, will be entirely changed in character and usefulness. In Reg., vs. Eastern Counties Railway Company. Denman, C. J. .'said : "To carry a railroad through a portion only oi the described line, such as a third or half, is a nominal, and not a real compliance with the act of Parliament authorizing the undertaking. ' So, to carry a gauge of one width through a portion of a line, : and of another width through anotherportion ol the same line, is "a nominal, and not a real compliance" with the obligations imposed upon the corporation. In Rex., vs. Cwmberworth,3 B. & Ad., 108, it is said : "That where, by act of Parliamenttrustees are authorized to make a road from one point to another, the making of the entire road, is a condition precedent to any part becoming a highway repairable by the public." If the directors of the N. C. R. R.. had built their track from Goldsboro' to Raleigh and there stopped, it is not probable that they would have been allowed to collect tolls under a charter which made the building of a road from Goldsboro' to Charlotte the condition upon which any tolls could be collected. Nor would tlic;r evasion have been aided by leaving the space from Raleigh to Greensboro without a road, and commencing at the latter point and going on with the road to Charlotte. The road would not have been the N. C. Railroad as described in its charter, and its franchises and privileges could not have been lawfully claimed and exercised withcut a new contract be tween the parties interested. A uniform gauge over the entire route of the road is as necessary to its work ing us one road, as is the road bed itself, and when tiie uniformity of gauge is destroyed the road itsdf, if not destroyed, loses its identity, and be comes a deformity which the law can not entrust with those high prerogatives which railroad charters confer. I have come to the conclusion that the contemulated change of gauge between Greensboro and Charlotte is one, the execution of which is unau thorized, either on the part of the N C. Railroad or of the defendant, the lesse of the fwriner road. Finally, admitting the foregoing con clusions, is the plaintiff entitled to have the injunction continued to the hearing. This is a special injunction. But erea in common injunctions if the equity disclosed in the compiamt 13 not lully met by the answer, the Court will continue the restraint until the hearing, Ia special injunctions the practice i3 to continue the injunction, if in the opinion or the Court, it appeaip resonably necessary to protect the rights ot plaintiff until the trial. It does appear to the Court that the plaintiff in this action is iu jeopardy from the conduct of the defendants aud the injunction is therefore contiu ed until the hearing. As it does not appear whether the State sues in her own behalf as a pri vate corporator or on behalf of the whole people, I shall require the plaintiff to give bond in the sum ol httv thousand dollars Tor the securuv of the defendant. State of Nouth Carolina vs. Rich mond and Danville Railroad Company, it als. Upon the hearing of the cause, upon notice yiveu, it is ordered and adjudged that the injunction heretofore obtained in this action be and the same is coii. tinued to the hearing, but upon the condition that the plaintiff shall give bond to the defendants with good tsur ty to be justified according to law. b lore the Cleik of the Superior Court of Wake county, in the penal sum of fifty thousand dollars, conditioned to pay to the defendanti all such damages and costs as they may incur by the wiongful suing out of this injunction, the sa bond to be executed, perfected and filed on or before Thursdiy, the first day f May next inclusive The miunction a the meantime to continue unii said first day ol May inclusive aud if said bi.nd is not perfected on or before the said first dav ot May next in elusive, the iniutci m to I e dissolved' Should thsi defendants appeal they are to give bond m the sum ol hve hundred dollars tor the coats. Should the plain tiff appeal she idiall first give bond as above ordered in the sum of fifty thous and do'lats to continue the injunction ami also in the sum of hve hundred dollars for costs of appeal. Notice o aoDeal is mutually waived by the parties. J. W. Albertson, J. S. G. From the above judgment, the plain tiff appeals to the Supreme Court, and the defendants also. J. W. Albertson, J. S. C For this Penitentiary. Sheriff T, N. Jordan, of Caswell county, arrived in this city yesterday morning, bringing Elizabeth Richardson, colored, who was seutenced at the last term of the Superior Court of that county to seven years in the Penitentiary hr larceny. Elizabeth seemed a good deal distress ed at the prospect before her and be tween each sob vehemently insisted cpon her iunocense ot the charge lor which she is so severely punished. The Last Day. To-day is the last day for keeping open the bouks of reg istration lor the approaching municipal election. There are large uumbeis oi whites in all the wards who have not yet registered. - ' Money Lost. Oapt. T. A. Jordan,of Ciswell, while oh the cars between Pel h m and Raleigh, lost a letter directed toPinmx & Notfleet. YancevTille. N. G. '-which, contained some twenty- fceven dollars in currency. The finder will be suitably rewarded. TELEGRAPHIC JTEirS Judge Albertson Sustains the In junctionSlate vs. Richmond and Danville Railroad. special to the daily news. Oxford, N. C, April 22, via Hender son, April 23. The injunction case, which was argued in Raleiglrlast week. was decided by Judge Albertson at a I 1 . i rr i " - " . tnts piace to-aay. ine inunction is Qtinued, and the State of North Car olina is required to give security for fifty thousand dollars. Judge Marshall, of Richmond and Capr. S.:A. Ashe of Raleigh, lor the Road and Attorney General Hargrove or the State are here as counsel. B. NOON DISPATCHES. Epizooty in California News lrom the ; Lava Reds. San Francisco, April 23. Livery staples are closed, w ells l argo use oxen. Street car travel is -impeded. Lava Beds, Sunday. A park train with 21 men were attackted at the head mg Cave. The men sheltered them selves behind rocks. One was killed and one wounded. ihe train was fired into upon entering the lava beds and again when it returned. TheMod- ocs crept within 80 rods and fired at the pickets, and sent a volley through the camp. Major Thomas sent a shell among them when they dispersed There were eleven Indians in the attack ing party. The Warm Spring Indians will start to hunt the Modocs, but they are scattered in small parties, lue roads are not safe to Yreka, and the country is in a great torment. Later. Scar Faced-Charley ls-not killed. It is thought that small parties ol Modocs will raid around the coun try to secure good horses, while a suf ficient number will remain in the lava beds to keep the troops employed. The cavalrv 'has returned, having failed to hud the trail. Col Perry travelled 80 miles, making round the lava beds. ; Decision in the Piedmont Rail Road Case Legal Decisions Ordered to be Dropped. Washington, April 23. Legal pro ceedings have for some lime been pend g in the courts against the Piedmont Rail Road in Virginia on a mortgage. Application was made to the Attorney General to seize the road under the act of 1861, on the ground that it was con fiscated to this government, having been constructed and. used in the interests ot the rebellion. The Attorney General has just decid ed that the President's proclamation of pardon in 18G8, optjtated so as to re store to the corporations or stockhold ers all their rights, and therefore the right of the Government to seize the road is barred. The District Attorney has been directed to discontinue pro ceedings, and to foreclose the mortgage given to the Confederate Government, on the ground that the contract is a nul lity. All proceedings against the road will be dn pped. The interests at issue were about a million and a half of dol lars. New York News. New York, April 23. -Bulls Head Bank has reopened. Ot the million due to depositors, three-quarters have been paid. The President of the Union Pacific Road says, its financial condition re quires the abrogation of the lree pass ystem. At a meeting last night W. A. Garsey, of the Brick-layers Union raised a storm by saying, although he belonged to a Union he did not helieve in the princi ple, and the sixty thousand men who walked the streets in idleness last win ter owed it to the Unions.-- Female Modesty. New' York, April 23. During the, Train lunatic investigation, Judge Daly requested-'the'.. females present to retire, as evidence was ub iut being given unfit for them to hear. Mrs. Brook er, sister of Victoria Woodhull, reiused to leave, saying that the evidence would not bun her morals. Judge Daly ordered the officers to cleir the Court, and both male and femaie auditors wrere obliged to depart. The Workings of Jealousy An En raged 11 n baud ou the War Path. Chicago, A pi il 23. William Brown, a colored barber, tindiug one of Ins col ored employees, Jesse Jones, visiting his sick wife last night, became violently enraged, and seizing a heavy iron' skil let, he beat Jones over the head in a terrible manner. Jones died this morn ing. The murderer was arrested. It is alleged that jealousy prompted Brown to the deed. Increase in Cable Rates. Loxdon, April 23. Cable tolls have been increased $1,50 in gold per word, commencing May 1st. The cause of the increase is attributed to the failure of the French cable. The weather is iavorable to crops. .Movements of the President. St. L0U13, April 23. The President has gone to Colarado, lrom whence he goes to Galena. MIDNIGHT DISPATCHES. Weather Probabilities. The area of lowest barometer wi continue moving slowly eastward be yond the Caroliua coast for Thursday In the South Atlantic States falling temperature and winds veering to north west with cloudy weather. For the Gulf Sta e; north and northwe3t winds, iiici'i.as'ru to. brisk nn the western Gull coast with geneiatly cloudy weather and lo.v.r temperature. Ice Bound. Milwaukee, April 23. Two sail vesseU and the propeller Ironside are fast in the ice outside ol the harbor here and will probably remain until the wind;ehanes. The hay is lull ol floating ice lor miles out. This has never oc curred belore at this neas;u of the year. A Judge ThreatenedNew York Fi nances. New York, April 23rd. Recorder Hackett produced ic the Court of Gen eral Sessions this morning a letter he had received through the mail, threat ening him with death in case he again sentenced prisoners to long term impris onment, lor what, in the judgment of the sender.of the letter, are light crimes. The letter states that a body of men have leagued together and arff bound by an oath to be avenged on the Re corder by killing him, orjsome member ot his family, in case he does not heed this warning. All sales of gold to day have been at 19 a 16$. The tone ol the market is heavy, the calculation being that inclu ding the disbursements of the May in terest and weekly sales, there will be about 20,000,000 dollars in gold to come on market within the next four or five weeks. In the money market there is some apprehension of another ad vance in rate9, notwithstanding the natural influences ol a steady market at 7 per cent. Borrowers on call, having stocK .collaterals, have paid 1-32, 1-36. Prime mercantile paper is moving sat isfactorily at 10 a 10 J; the 5-20 bonds bought by the treasury to-day will be paid lor entirely in the national bank. The notes purchasers of 1,500,000 dol lars in treasury gold to-morrow will probably pay for the entire amount in this class of currency, so that banks will not suffer by treasury operations this week. 'Government bonds.here are a Iraction lower. Southern State bonds at board were dull. The stock market has been very dull with prices barely steady.. Eli Brown, said to be one ol the most dangerous counterfeiters in the North west, wa3 arrested at the Fifth Avenue Hotel to-day. An advance of ten cents pe ton on whole line coal is announced. Bank Suit. New York, April 23' C. Cadle, Jr., Receiver of the First National Bank, ol Selma, Ala., brought BUit in the United States Cirquit Court to . enjoin Benford A. Tracy aud others from continuing the suit to obtain possession of sixteen thousand one hundred and twenty eight dollars and thirty-one cents, which had been deposited by the bank of Selma in the Ocean National Bank of this city, and which had been attached by Tracy. The suit ot Cadle was based on the laiLh that the bank ot Selma owed the United States Government $250,000 for which judgment had been recovered, thus giving the United States a lien on money in the Ocean Bank, which Cadle prayed might be paid over to him to partly satisfy the judgment obtained by the Government. Judge Blatchlord to-day grauted the injunc tion, but the question as to how much of the money shall be paid to Cadle i3 reserved lor argument. Resignation ol a Captain General Madrid, April 23. General Velarde has resigned the Captain Generalship of Coaletera to which he was only recent ly appointed, in consequent of the disapproval by the Government of the rigorous measures he had taken to se cure the re-establishment of discipline among the troop3 under his command. Lager Beer Riot. Frankfort-on-tiie-Maine, April 23. The beer riot waa not renewed to day. Visiting Royalty. London, Aoril 23. The Czarvitch of Russia and his wile and the Duchess Marie Dagmar will visit London duiing May. Registration. Yesterday the regisj tration in the various Waids resulted as follows : Middle Ward. Whites 9 : , colored 1. Western Ward. Whites 7 ; colored 12. Eastern Ward. Whites 12 ; colored 13. NEW ADVERTISEMENTS. IP E lT P S lor sale FOBTY SHEEP. Apply to JONErJ & CHEVAS.SE, ap 24-tf - Henderson, N. C. COMMERCIAL REPORT. New York Markets. New York. April 23. Cotton dull: sales 750 baie.-; uplands 19; Orleans 19. Floor in gooj aeaianu, cuinmon 10 iuir extra 3.8a$.S.15; good-id choice $8.20. WhUkey Va. wnt at.iioiders disposed to realize, red western $1.90; white western $2.U5. corn elosed dull, liice steady. Pork firmer. Turpentine steadier, llosin firmer. Tal low firm and unchanged. Coiton .Net receipts 64.J bales; gros 2,989 ; tales for export to-day 100; last even ing 305. ies or cotton ror rutureueii very 10-aay 8,000 bales, as fallows: April, 18; May la- li-loal ; J une, laaWj July, l 3-lttaiu o-i August iai; ssepiemoer uy.uy w tober 111411 a-ib. foreign Markets. Liverpool. Apr! 123. Cotton closed Irreg ular, uplands 9a96 . Orleans L.atek Cotton quiet ; sales Li.uOO bales. Speculation and export 2,000.. i London, April 23. Consols closed -at 93 Fives 90. Paris, April 23. Rentes 53 and 5. Cotton Markets. Augusta, April 23. Receipts 222; sales 50'. ... . ... . ., Mobile, April 23. Receipts 416; grots 419; exports lor Or eat Britain 3,481. Chaklkston, April 13. Net receipts 423 exports 3;9i7 ; sales 406. , E A i; L HUM I H Y Pearl Grits, Carolina Klce, Split Peas, Tapioca, Pearl Barley, liuckwueat Flour, Oswego Corn Starch. . W. C. STKONACH. A. P A N E S E S J L K S At DAVIS. LltAKlS &CO 8. JUST, TO HAND, A FRESH SUP-' ply of Apples, Oranges a nd lemons, at if - al(J a hiLtlit X o Q00 RUSH ELS FRESH GROUND White Bolted Meal. mchW t Y. C. STRONACH, v ' '