North Carolina Newspapers

IK It WO 8 VOLUME X. WILMINGTON, NORTH CAROLINA, SUNDAY; MARCH 30, 1879. Single Copies 5 Cents NUMBER 10 WitHINSTOW IPOST ADVER Fifty cents per line jfor the first in " sertion. arid (twenty -five cents per line for each additional insertion. " Eight' (8) lines, Nonpareil type, con stitute a square. - , All advertisements will be charged at the above ratesj except on special con tracts. !..' i Brunswick County Election Case. The Supreme Court has sustained the decision of Judge Buxton in the Superior Court below. Therefore the Republicans will have to give, up the offices to the men who were not elected VVie publish the decision below. Smith, CJ. Swain -Vs. McRae. The object of this suit commenced on the 16th day of August Ust against the members of the Board of "County Canvassers, is to compel them to reassemble and make a recount of the vote cast for Superior Court Clerk: in; Brunswick county, in cluding the f rejected return from Town Creek township. nThe process originally returnable before the Judge of the District at Fayetteville, in Cumberland coumty, an exception to the jurisdiction taken and sustained, was amended by making M. C. Guthrie a co-defendant kind the summons returnable before the puperior Court of Brunswick tin term time, and" was heard and decidM at the regular fall term ...Of jLhe Court, upon complaint and answer! His Honor re fused the writs of injunction and man damus, and declined ! to inquire into the merits of the case, on the ground f that the writ of mandamus is not an i appropriate remedy, and. for the further I reason ttiatjin the opinion of the Court, j the Board of County Canvassers, created i by. law for j a single specified purpose, ; which hasi been accomplished, has ceased to edist as an organic body, and its members are no lpnger competent to do an official act The appeal brings up the Correctness of;this rulipg for review. . . As the ! .cause- is nolvvf constituted ; the contestan.tsj become adversary parties .to the suit, each asserting- his claim to i the office ip dispute, ?and the coercive i power o the court is asked to enforce such action on the . other 'defendants as will determice the. controversy and se ; cure the place to the jlaintifT. It: pre sents the anomalous case of an incum bent, holding over after the expiration : of his term and claiming to have re ceived a majority of the popular vote, in opposition to the j declared official count, seeking to restrain his opponent ' from qualifying andaccepting the office until by a recount made under the di rection .; of the i Coujpt, his owj title i thereto ' can be established. If this mode1, of proceedure i;to decide a con tested election is allowed, it will ob struct , the i operation of these laws through; 'which the popular will is col JeCted and expressed, and deprive the public 'of the services of those persons legally) declared? to be elected, during the pendency of the 'dispute as to who '''is rightfully entitled. It is important that all public, officer should be filled , by the party having a. prima faole right thereto, Until a better title is shown in some, one j else, ir Fork this reason it is that by a proceeding; in the nature of a quo warranto, one entitled to an office iu possession of another may recover possession land by a" subsequent action, compensation in; damages for.thejtime 5 it has beep wrongfully withheld, C. C. ' V. sec. 373. It is the duty of the County "Canvassing Board, after concluding i their count to declare the person hav ing the greatest number of votes to be - elected, and to make? -proclamation 'at '" the-court house of the voting in their county for all the persons voted for, ana the number of votes cast for each' actof 187G-77, chap. 273, fee's 30 and 31. Tuis we must assume , to have been dolne on the second day after the election, the time j prescribed ''by law jfor j their meeting, It was ' then the duty of the County Commis f sioner? to qualify and induct into office those yrhdse election -the county Can- i vassers have ascertained a nd announc ed, Battle's Revisal chapter 27, section i 8, page 31i. The ' present proceeding ; aims to obstruct the -execution of the law, and if allo wed would leave, the office unfilled, but fo the fact that the plaintiff is the former incumbent, and retains possession. Ihc office of writ of mandamus is simply to impOseupon an officer the execution of a neglected dutv affecting the intepst or rights of the person applying for it. It cannot . b,e extended to each conflicting claims to an office, aud thus- usurp the place of that special and ample remedy which the lawf prescribes for adjusting and r .determining them. Vc jefraiUj from savimr more on this j subject ' aa it is fully disct;3ed in O.'Hara vs Powell at tnis term. f It is unnessary to examine the other cround upon which the Judge fests his decision, to wit, that the. Board !is functus officio and in capable- of further acting. There are . conflicting authorities in the print and his ruling! is supported, by several able decissions in the courts of New York arid'elaewhere, which are cited in the ' brief Of defendants cou nsel. Nor do we propose td enquire whether the func tionsofthe newly created Canvassing Board are purely ministerial as . those exercised under the former law by the . County: Commissioners, their predeces sorain this service all decided to be in te case case of Moore vs Jones, 76, N. U, I82i aud therefore under' the, man datoryj)over of the court: or whether they ate discretionary, and in some .of meir features, quasi juaiciai, anu ue yona mat control. ihere :is a very marked difference in the phraseology wnicn prescribes and dehnea the duty ,ot these respective bodies ; The (Jam mmionen are directed simply " to add the number of votes returned." "while ine anv(X8$T8 1 are required to open and canvass the returns," tyta 187G-77 chapter 275, section 25. i But we forbear the expression of any opinion on the point as it is not necessary to the decision of the case; we sustain the ruling of the court in holding . that the plaintiff misconceives his remedy and in denying the relief sought in this action. While it is not necessary to the decission of the case, yet as it may facilitate the settlement of the matter in controversy and avoid the delay and expenses of future litiga tion, we deem it proper to express the opinion we have found, that the County Canvassers, for any reasons assigned, erred in rejecting the rote of Town Creek Township and that it ought to have been added and counted in ascertaining the result of the elec tion. i The judgment is affirmed, CITY ITEMS. . Yesterday was fair but windy. ' Marriage license only cost now $1.50. Cheap. llev. Cutter Colfax was up to the city yesterday. Senator Chandler will please accept thank? for Public Documents. If you want to purchasa a lot, don't fail to call on W. P. Canaday. Hu, D. L. Russell, member of Con gress, was on our streets yesterday. Hou. A. M. Waddeli, ex-member of Congress, arrived home a few days ago. C oi. I. J. Young,, Collector of Inter nal Revenue, is in Washington, D. C. Tuny Foy, a colored man, died very suddenly on Monday night last, from colic. ' i Sheriff Manning 1 and all of his Deputies were bu3y doing nothing last week. - :". Mayor; Fishblate has been having a . lively time the past week, with criminals. : Rev. E. A. Yeates, pastor, of the Front Street M. E. Church, is absent from the city. ! U. S. Commissioner McQuigg con tinues after the violators of the ' Inter naJLllevenue laws. i Norwood Giles has his Insurance office on North Water betweea Chesnut and Mullbery street. ! xiuck win ue cneap tnis sosou, ac 1- -II I -1 il cording to the number who have em barked in the business, i Our member of Congress, Honor Daniel L. Russell, will accept thanks for copy of Congressional ' Becori. . Died. Mrs. Mary J.. Burr died at her residence in this city on Monday last, very suddenly. She was 73 years of age. I The beautiful flower gardens in this city should be protected; from the dep redations of thieves. Where are the policemen. ; 1 Dr. W. A. Dick, . of JLmmberton, N. C, a brother-in-law of our townsman Mr. II. C. McLaurin'i died very sud denly on Thursday last. Complaint is made that a lot of bad boys are in the habit of abusing stock in this city. A few weeks on the streets at hard labor is a good preventive, r- Col Geo. L. Mabson, has opened a law office in an office adjoining the Post where he will be glad to lueet his friends who desire legal services, Maj. C. Sted man, attorney at-law and President of the Bank of New Hanover, lef t on yesterday's boat for Fayetteville, on a visit to his many friends. . Col. Kellogg, Special Internal Rev enue Agent, for the Government, was in the city on "Wednesday last. The Colonel is doing good service for his Department in the state. Mr, Samuel G. Hall, the popular job printer land book publisher has received a very select stock of job material. Give him a call. He does work as cheap as any house in the south. The locals of the Star and the Sun have entirely recovered from the severe shock received at. the Little Giant En gine House on Friday night of kst week, by an explosion, and are gathe ring items as of old. We congratulate them. President, Vice-President, members of Congress, Governor and other state officers, members of the legislature and county others, are all elected in Nov, 1880. What a grand time it will be for politicians. We never tale any in ours. 4 We understand that there will be a tobacco factory started in this city within the next month. The contract for the building has been made with one of our building mechanics of the city. The firm who intend to engage in this business are able to run it sue cessfully. Messrs Sol Bear Bro's. are receiv ing; their new spring goods in store, and are prepare 1-to sell first class bar gains. Ded. Mrs. Dora C. Gregory, the wife of W. H. H. Gregory Esq., of Charlotter N. C, and the sister of Mrs. John E. Lippit of this city, died in Charlotte on Wednesday last. Her remains arrived here on Thursday, and tner mneral took place on Jbriday last1, at S James Church, at 4 o'clock p. m. ! Railroad Accident. News was telegraphed to this city on Friday even- ingithat the rear coach of the eastern bound train, on the Carolina Central Railroad, run off the track just this side of Lilesville, and badly wounded -ail thejpasseDgers in the car, and killed the brakemaD, Henry Lewis, a citizen of Charlotte, N. C. Two of the passen gers' are thought to be severelv, if not mortally injured. They are Messrs. jli Oibson and J. W. Covingtoni Cause of the accident, one of the wheels of the jcoach broke dow'n. No blame is attached to the officers of the train. t i ! . rjUBLIC HE VLT1I KBPOUT. The following is the annual ratio of deaths to, each 1,000, from all causes in various parts of the United States and foreign countries, compiled from the Bulletin of the Public Health, issued by tljie Surgeon-Geneial, U. S. Marine Hospital Service, under the National Quarantine Act of 1878. For the week ending march, 22, 1879. Boston 21 Providence 15.4 New 1 York..... . 30.6 Brooklyn 7. 19.I6 Kochester ; ..00 Pittsburgh 15 Newark.. ...27.9 NfcwiHaven 22.5 Portland, Me. '.....19 Baltimore 21 District or Columbia 25 Cleveland. 16.4 Chicago 15.6 Cincinnati...... 21.5 Hudson County, N. J. 00 Buffalo... 13 Philadelphia .16.7 Richmond. 16.45: Savannah 31.5 Louisville 00 St. Loui8...v 12 San Francnsco 14.4 New iOrleans.... . ...........20.8 Montreal.. 30 GREAT BRITAIN. Oldham .'.....43 London , 29 Edinburgh...... 19 Glasgow , 21 Dublin.... ,....!. 36 Liverpool .- "..........so Plymouth .........19 Brighton ..00 ' Bristol 09 In 23 large cities the average death rate was 29 per 1,000 Smallpox caused 17 deaths ln!London. and 11 in (Dublin. - Scarlet fever was verv prevalent, and measles exceedingly fatal in several towns. GERMAN EMPIRE. Munich........;. 34 Dresden .30 Berlin 25. i Hamburg.. - 20 Cologne...-.. 05 Frankfort 23 Strasburg.....MU ... 34 Leipzlc. 00 Breslau 28 , In 149 towns the average rate was 28.1 per 1,000. i AUSTRIA. Vienna ...........31 RUSSIA. 1 St, Petersburg.... ..48 j CUBA. Havana: Yellow fever caused 1 deatb, smallpox 11. Bermuda 2 cases of jrellow fever in hos pital.! Railroads. If Wilmington is not the did "Rip Van Winkle" of the worldi, we cannot point out the place that should be called after that vener able bid gentleman. This city is now a hundred and fifty years old ; the great metropolis of North Carolina during that jwhole time, and yet there is not a single park in the city, and the city is located within six miles 01 the prettiest sea shore on the Atlantic coast, and withlno aailroad to carry persons who may j wish to visit it for pleasure or health. The citizens of the city, as well jas the owners of the beautiful places on the seashore have unifrom ly tried to keep the outside ; world from! knowing that any such places exist! as Wrightsville and Greenville sounds, and Live Oak beach . Beaufort, with all its beauty, cannot hold a candle to this beautiful beach in front of the' above named sounds, which, is very properly called Live Oak beach. Long Branch itself is a very sordinary place to it, if you take away the many artifical adornments and improvements of the place. Every man iwho cares for the health of his family should desire a sound railroad, and those who are not able tof go to the expense of sending their familes off for pleasure as well as health should certainly do all they can for the road. A railroad to this sound will, in point of an investiment, be a grand success. The J stock will pay at least thirty tbreei and a third per cent, dividend. The lost of building the road will be very light, and it can be run exceed ingly tneap ; the travel during the summer months will be all the pro prietors will desire, and during the balance of the year it will pay tne expenses of running it. We predict that &be stock Will sell at two hundred per cent, above par in less than two veari after the completion 01 the road. It unquestionably will be the very best inveltiment in or around the city. Wake up, old Rip, and build the road, I LOCAL BBEVITIES. Wood selling at $1.75 per cord. Corn, by cargo, selling at 55 cents per bushel. ' . Every man should have a home of his own. The weather was very, fine during the past week. ' Real estate is still improving in price and demand. U. S. Marshal Hill paid a flying visit to our city a few days ago. Can not Wilmington build a railroad to Onslow county ? Wilmington is the largest naval store market in the world. Peanuts are looking up, selling' now at from 11.00 to $1.15 per bushel. A good wife is a very great saving, instead of an expense to a man. Kelly Covelle was accidentally: drowned at Rocky Point on Monday last '..'.'.. ...-'''' U. B. Rev. Marine Engineer, D. McC French, was in our city on Monday last. With a cheap government property will always sell well That we now have. Mr. Geo. Z. French, the government contractor, is hard at work filling up New Inlet. Messrs. Cobb Brothers will build a hotel at the sound if the people will build the railroad, . i A large numbes of our German citizens intend to visit their Father land this summer. Col. J. W. Atkinson and Hon. 11. R. Bridges were in Raleigh on Thursday, according to the Raleigh papers. The Sexton of St. John's Church, J: E. Walker, a very worthy colored man died of pneumonia on Thursday last. A railroad can be completed to? the sound in sixty days, if all hands iwill join in the enterprise. . Mr. Frank H. Alfriend has received the appointment as Clerk of the Senate Committee on Commerce. Don'tr wait for better times before you marry, uo get a wife at once, she will make the times better for you. Witnesses in Criminal Cases. The law provides ,that only two wit nesses shall be taxed in criminal cashes. Loafers around Market street corner should spend their time at home with their families if they lrave no honest work to perform. The steamer Clinton has been yery greatly improved by her new proprie tor, and the boat is now doiug a very excellent business. Captain R. P. Paddiion has purchas ed the steam tug Elizabeth, and in tends to thorughly overhaul and repair the boat for river purposes. Mr. James Walker, Superintendent of the Western Insane Asylum", is spending a few days, for his health, in our city.' Mr. Walker i very thin. Hon. A. S. Scvmour will hold court at Snow, Hill, in Greene county, and Hon. A. A. McKoy will hold court at Smithville, in Brunswick county, next week. Col. John W. Gordon, resigned the Colon acy6 of the Second North Carolina Regiment, State Guard, and has ac cepted the Captaincy of the Whiting Rifles. How a young man, who is only get ting $25 per month, can pay his board, at $15, buy his clothes aud run a livery stable, is a conundrum that we cannot answer. Two colored men had a dispute on Wednesday last, and being afraid to fight inside of the city limits. They choose their seconds and went over to Point Peter and had an old-fashioned ring fight. Col. O. H. Blocker is on duty in the city of New York as Special Revenue Agent. He writes that his health is good and he likes the officers who he is associated with. ; Attempted to Hand In Her Checks. Mary Eliza Lively, a very lively colored girl, attempted to drown herself a few days ago on account of the death of her lover. We have heard that, Hon. Curtis H Brogden intends to start a Republican paper at Goldsboro, N C. A well con ducted paper (Republican in politics) published at that placewould pay. A young gentleman in this city com mitted forgery, on Saturday last, by signing a merchant's name to a check and getting it cashed. On account of the very high standing of his family in this city, we will not publish his name. The turnpike is about finished. Now our citizens should all join together and build a railroad to the seashore, so that our hard worked business men anA rlorka ran vo to the beach everv MUX fV O m afternoon, after closing up business, I and arrive home in time for late supper. Old Zach Charidier's return to the US. Senate has made our neighbor-in,-law. the Star; sick. : The Compresses have not been over busy for the past week; Not very much cotton coming to market now. There are 23 steamships and steam boats working in the port of WiU mingtop, and plying betwaen this city and other port3. . Justice Gardner has had a severe attack of sickness for the last ten days, f but he is out again, we are glad to see, attending to the" criminal docket aj of old. : Who will start a paper factory in the city. Don't all speak at , one, but let some enterprising man go into the man ufacture of paper and he will make a fortune very soon. , Adrian & Vollers are thevery largest grocery dealers in- the state ; country merchants can do as" well, if not better, ty trading with them than they can in any northern House. Mr. Preston Bridgers is constantly in receipt of "brand" new Joods,. and sells cheap for cash. He keeps in the new McRae building on Front street, nearly opposite the Purcell House. Our friend Macks says . that "he is much better looking than Darby," but there is not enough of Macks to be good looking; you will have to take a masrniviusr glass to see him. ' - Benj. White, , Esq.; has opened his. paper hanging establishiaent on Mar ket street, between Second and Third streets, where he is prepared to hang paper, make or repair mattresse3, frame pictures, &c. Give him a calh. Ben Is a splendid workman, and a very good fellow, any way. S3 C S2f The Supreme Court has virtually de cided that the Republican officers were entitled to" the county. They do decide that the Canvassing Board were wrong in throwing oat Town Creek ; therefore they virtually decide the whole ques tion in favor of the Republicans. NE W AD VI3EMENTS. LIFE IN A BOTTLE. The Most Valuable Medical Discovery Known to the World No More Use For i Quinine, Calomel or Mineral Poisons--Life for the Blood, Strength For the Nerves, and Health for All. AN OPEN LETTER TO THE PUBLIC, Believing that by cleansing the blood and building up the constitution was the only true way 01 uanisning disease and being troubled with weakness of. the lungs. catarrh, very much broken down in con stitution, ac and after trying the best phy Bicians ana payingout my money ior many kinds of medicines advertised without find ing a permanent cure. I began doctoring myself, using medicines made from roots ana : neros. 1 iortunateiy aiscovered a wonderful Bitters or Blood Cleanser, the first bottle of which gave me new life and vigor, and in time effected a permanent cure. J. was iree irum cuLtum, my mugs became strong and sound, being able to Btand the most severe coid and exposure. and I have gained oyer thirty pounds In weight. Feeung connaenttnatlhad made a wonderful discovery in medicine, I pre pared a quantity of the Root Bitters, and was in the habit of giving them away to sick friends ana neignDors. a louna tne medicine effected the most wonderful cures of all diseases caused from humors or scro fula In the bipod, Imprudence, Bad Stomachy Weakness, Kidney Disease, Tor- pid Liver, &c fcc. The news of my discovery in this way spread from one person to an other until I found myselt called upon to supply patients with medicine far and wide and 1 was induced to establish a laboratory for compounding and bottling the Root Bitters in large quantities, and I now de vote all my time to this business. . I was at first backward in presenting either myself or discovery in this way to the public, not being a patent medicine man and with small capital, but I am get ting bravely over that. Since I first ad vertised this medicine I have been crowded with orders from druggists and country dealers, and the hundreds of letters I have received from persons cured, prove the fact that no remedy ever did so much good in so short a time and had so much success- as the Root Bitters. In fact, I am convinced that they will soon take the lead of all other medicines in use. Nearly one hundred retail druggists., right here at home , in Cleveland, now sell Root Bitters, some cf whom havo already sol over one thousand bottles. Root Bitters are strictly a medicinal pre paration, such as was used in the good old days of our forefathers, when people were cured by some simple root or plant, and when calomel and other poisons of the mineral kingdom were unknown. They act strongly on the liver and kid neys, keep the bowels regular and build up the nervous saystem. They penetrate every parfof the body, searching out every nerve, bone and tissue from the head to the feet cleansing and strengthening the foutain springs of life, hence they must reach all diseases by purification and nourishment. 4 No matter what your feelings or symp toms are, what the disease or ailments Is, use Root Bitters. Don't wait until you are sick, but if you only feel bad or miser able, use the Bitters at once. It may save your life. . Thousands of persons in all parts of the country are already using boot bitters, They have saved many lives of consump tives who had been given up by friends and physicians to die, and have permanently cured many old chronic cases of Catarrh Scrofula, Rheumatism, Dyspepsia, and skin Diseases, where all other treatments had failed. Are you troubled with sick head ache, costiveness, dizziness.cweakness, bad taste in th mouth, nervousness, and broken down down in constitution? You will be cured if you take boot bittebs. Have you humors rnd pimples on your face or skin ? Nothing will give you sach good health, strength, and beauty as boot BITTEBS. I know that jealous physicians will cry humbug because my discovery cures so many of their patients, but I care not. It is now my desire-and determination to place the reach of all those suffering throughout my Root bitters as iasi as possioie wiium the world. Sold by wholesale and retail druggists and country merchants , ot sent ax rress on receiDt of price, f 1.00 per bottle, or six bottles 5. 00, For certificates of wonderful cures, see my large circular amnnd each bottle of medicine. Read and indirn for vourself. t Ask vour druggist or merchant for fbazieb's boot BiTTjiBS, the great Blood Cleanser, and take no substitute he may recommend because he makes a largen SSSSuoerior St.. Cleveland. Ov I N. c. For sale by T. S. Burbank, Wilmington, NEW ADVEETISEMENTS. XMA:8 Lettlie Grood of Wilmington pa rise and. think THE POPULAR BOATWKIGHT & M'XOY, 5 7 AND 8 NORTH FRONT ST. HAVE oN Tons EVERY 1 One Ton Nuts OF EVERY Crpwn,,Dehosa, London, Layers, Loose, New Citron,' New Turkish Gordon & Dil worth's Shaker and Ginger &c., &,,&. .i - - s : English, German and American Cheese.' Pure Old Brandies, Wines and Cordials, Lgg Nog. , English and American Crackers of every kind. Apples, Oranges and Lemons in sufficient quantity to furnisl every one. . fif Uur Three Dollar Brand "B" oelect Whiskey has improved by age. Our Four Dollar Brand Summerdean uur wiu.xvye anu ra&er vvnisKeys are equal to any in ivmericu. j Our Goods have been selected O Hi I Remember CHRISTMAS PEESENT you can give the family Call on us and we BEST AND FRESHEST GOOD'S. JIT THE VERY EOIVESJ PRICES. BOAT WRIGHT & M'KGY, 5, 7 AMD 8 NORTH december'22 ti XMAS ' 'I GROCERY HOUSE HA D OVER Candy 3-R,.IDE! DESCRIPTION. Muscatel jand Seedless Raisins in any quantity t . - Prunes, New Crop Currents. Preserves, Marmalades, Fruits, Jellitj Scotch and American Whiskeys, far Whiskey has no equal in the city. with great care especially for, j the ID -A. Y S- the. best. n i: 1 poor is achoice lot of Snpplies promise to give the ,1 FIIONT STBEET. . ij:.- ? I 1 a ' I f