- --"' '''-' ---- . -
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
' '