THE ERA AND EXAMINER.
THURSDAY, FEBRUARY 19, 1374.
Public Schools.
There are, la the United States,
over fourteen millions of children
within the school age, for whose
education over ninety-five million
dollars are expended annually, and
two hundred and twenty-one thou
sand teachers are employed. This
is our standing army, and these our
raw recruits.
The , American doctrine is, that
"the property of the State shall ed
ucate the children of the State."
This benefits, equally, the rich and
the poor. It decreases crime redu
ce taxes, improves labor, increases
the value of property, and elevates
the whole community. One of the
first and decisive questions asked
.A in seeking a permanent location for
one's family, is, "What are the
? means provided for education?"
i A village, town or State, with good
! free schools, is the resort of fami
lies ; without them it is the home
of criminals.
In France, from 1867 to ISC 3, one
half the Inhabitants could neither
read nor write: and this half fur
nished ninety-five per cent, of the
persons arrested for crime, and
eighty-seven per cent, ot those con-
victed.
In the six New England States
only seven per, cent, of the inhabi
tants above the age of ten years are
unable to read and write, and yet
eighty per cent, of the crime in
those States is committed by this
small minority. In ,New York and
Pennsylvania' an ignorant person
commits.on the average, seven times
the number of crimes that one who
can read and write commits, and in
the United States the illiterate pcr
json commits ten times the number
jof crimes the educated one com
mits. These facts are derived from
official statistics.
These unerring guides of the
statesman, statistics, demonstrate
that the. most economical, effective,
and powerful preventative of crime
is the free public school. Universal
education tends to universal mor
ality. ,
In a republic like ours, where all
political power is vested in, and
derived from, the people, where
"the government is of the people,
for the people, and by the people,"
no subject can be presented to the
citizen of greater -Importance than
the education of youth. A well
educated commonwealth, however
like, manner have comprehended
the true idea ami economy of pub
lic education. There is not, how
ever, a city, town, village or town
ship in North Carolina which can,
by law, provide a sufficient school
fund to support a public school for
the education of their children. The
legislature will not trust the people
this far. A city school bill has been
that traditional aristocracy so offen
sive and oppressive to the masses of
the people, by taking the peoples'
lands and taxing the peoples' prop
erty to educate the children of these
rich men, and let the poor go un
educated, as a cardinal principle
and time-honored custom, of the
democratic party, the 'people 'will
say down with both the university
ty and estate of every description,
real and personal, belonging to said
Atlantic and North Carolina Rail
road Company : and by such pur
chase, the said North Carolina Rail
road Company shall acquire and
succeed to and exercise all the
rights, privileges and immunities
conferred on the said Atlantic and
stockholders, the said company
shall pay to such dissatisfied stock
holder or stockholders, the full
value of his, her or their stock to
be assessed by three disinterested
commissioners appointed for that
purpose by the clerk of the superior
court of the county in which such
stockholder may reside on tho ap
pending in the general assembly and the democratic party.
North Carolina Railroad Company plication of either part v made upon
by its charter and . amendments twenty days' notice; but the said
made thereto. The governor of company shall not be compelled to
about twelve months. Every pos
sible guard has been thrown around
the bill to prevent abuse. The tax
paying citizens of several cities in
the State have asked for tho law,
yet the legislature cannot trust the
people with this right. The legisla
ture has been urged to authorize the
county commissioners of the sev
eral counties to provide, in their
discretion, for tho organization of
teachers institutes in their respect
ive counties, for the improvement
of teachers at a cost not to exceed
one dollar for each teacher instruct
ed. Yet, the legislature, by an
overwhelming vote, has refused to
trust the country with this power.
The present grtural assembly lias
been unred to permit the people of
North Carolina to enjoy the same
rights and privileges of local taxa
tion which the people of other
States north and south enjoy for
the education of their children, but
the legislature lias refused to en
tertain the proposition. The peo
ple of N.jrlli Carolina are not to be
trusted with such rights and privi
leges. Col. It. T. ISennetr, of Anson.
When the democratic leaders
sounded their slogan "ire are the
party of all the wealth and intelli
gence of the State," they meant a
great deal. All their legislation
since 1870 ha3 been tu keep down
the masses of tho people legislate
the rich rich, and the poor poorer
and now, having just voted down
-verv measure that at all looked to
the building up and encouragement
of a system of free schools for the
poor people of the State, this legis
lature of aristocrats this party of
"all the tcealth and intelligence of ' i
the State " projoses to put its
hands into the jackets of the poor
working-men of North Carolina
and compel them to bear the burden
of educating ricli men's sons.
the state, in order to further and
aid such sale and transfer, is au
thorized and empowered to trans
fer to the said North Carolina Rail
road Comdany all the stock owned
by the state in the said Atlantic
pay for stock of any such dissatis
fled stockholder or stockholders.
unless he or they shall give written
notice of such dissatisfaction to the
president, secretary or treasurer of
the company whose stock shall be
and North Carolina Railroad Com- held by him or them,-within three
pany; ana until the transfer of the months after such consolidation,
stock of said company is approved agreement or other arrangement
by the individual stockholders of for the purchasing, merging or ac-
suid road, the governor shall retain quiring the railroads aforesaid-, Or
u:e ngnt to appoint directors in the alter the acceptance of this act bv
said Atlantic and North Carolina the requisite number of stockhold-
Kailroad Company ; Provided, That ers: Provided, further, That the
if the stock of the private stockhol- sale of any share or shares to the
ders in this road is purchased, the I company under the provisions of
TEJEGrRAPJhtlC NEWS.
NOON DISPATCHES. , ,
Printers on a Strike.
Louis ville, Ky., Feb. 10. The
printers employed on the Courier
Journal have struck because the
refused to discharge Jno.
the foreman, .Only half
sheet issued this morninsr.
proprietors
Bennett, tl
Deslructire Fire in Pennsylvania.
Bethlehem, Pa., Feb. 10. Ilil
denberger's new opera, house was
burned this morning. The tire
broke out between 12 and 1 o'clock.
The fire is supposed to have been
caused from the crackers used by
the Germans during the concert last
Loss, $50,000.
evening.
which they received under the old
law, and provides that any ar
rangement for a settlement between
a bankrupt and his creditors shall
be signed, by at least one half of the
creditors representing one half of
the indebtedness. Suits to recover
all sums under $500 may be brought
in a State court under an order
from a federal Judge having charge
of the estate. Bankrupt oflieers are
required to make full reports of all
facts in connection with cases com
ing beforethem to the district court,
and the clerks of district courts are
to report to the Attorney General
every year.
coxt is ess i u. A I,
The North Carolina I fail road
Consolidation .Hill.
price given therefor shall not ex
ceed the market value of said stock
at the time when the purchase shall
be made ; Provided further, That
the said Atlantic and Norlh Caro
lina Railroad shall not constitute
assets for the payment of the bonds
heretofore issued by the state to
build the North Carolina Railroad.
Sec. 4. That the line of railway
so purchased and acquired, shall
become absorbed and merged into
the said company, and the whole
this act by any executor, adminis
trator, guardian, trustee or persons
acting in a fidudiciary capacity shall
be valid in law.
Sec. 9. That the said company
shall have the power and authority
to contract for prorating: or for in
terchange of business traffic with
any railroad company, doing or
desiring a connection business,
whether chartered by the laws of
this State or any other State,
pub
as it
This gentleman has complained,
in person, to the editor of the Ex
aminer ot tan article that appeared
in this paper a few days since, un
der the head of Solomon Bennett's
logic.
lie says, in the first place, that it
is not a name by which he is known
at home, and that the association
under the name is not pleasant; that
the article in question holds up to
public criticism some of his physical
peculiarities for which he is not re
sponsible ; that while his conduct is
a proper subject for criticism, and he
expects nothing else at the hands of
the Examiner, he appeals o this
editor if either his conduct or pe
culiarities merit the epithets and
severe ridicule with which the 'ar
ticle abounds. And referring to
the mutual estimation of their ac
quaintance of the past two years,
desires that the editor of the Exam
iuer will do Mr. Bennett and him
self the courtesy and justice in the
narrow its borders or poor its soil, premises that ought always to exist
soon becomes rich and powerful; and obtain amonggentlemcn.
while an ignorant one, even under
the happiest circumstances, of land
and air and sky, falls a prey to an-
fVny, poverty and despotism.
Intelligence In rulers Is essential
Jgood government. With us the
rulers are the voters, hence the- ne
cessity of fitting them by education
The article in question was writ
ten by a staff editor, but the editor
in chief will here assume the au
thority to .say that it was not the
intention to wound Mr. Bennett,
or to injure him. His action in re
lation to the State geologist was
deemed to constitute good ground
to rule. With Intelligent voters, for criticism, and in the ridicule at-
our form of government is the
ibest yet devised; with ignorant
voters, it is the worst.
An intelligent people seek freedom,
an ignorant people, despotism, as
naturally and surely as the needle
seeks the pole. The founders of
our free Institutions knew this two
hundred and fiftv vears BffO. A
By request tin; Examiner
lishes the consolidation bill
passed and is now a law.
Practically it is a dead letter on
the statute books, and, might as
well be repealed ; for it is certain
that the North Carolina railroad
company will never accept it, con
taining, as it does, a clause, refiect
ing, by implication, en . one of the
stockholders and present president
of the company.
It is doubtful, even, if the gover
nor calls a meeting together under
it, for, without the active aid and
co-operation of Hon. W. A. Smith,
tho gentleman aimed at Lv the dem
ocrat- of the legislature in their
petty, political spite and puerile dis
reputable, personal legislation, a
quorum of the private slock of the
North Carolina railroad cannot be
gotten together to even consider
this matter.
The active enemies of the scheme
of consolidation could have desired
nothing better to defeat it than
this section referred to numbered
section 0 in the bifl and aware, as
they must have been, that such
personal legislation defeated the
scheme, the motives of senators
and representatives voting this sec
tion in was clearly to kill the
measure.
The Examiner does not regard
this present consolidation bill as
worth the paper it is written on,
and although its publication grati
fies some of its friends, the Exam
iner protests against incurring the
expense of four and a half dollars
for setting it up, to say nothing of
the H.ee the bill occup ies.
people of thf
of
west must wait
i
tempted it was not the desire to
give more than "a random sting."
But since Colonel Bennett has
made known to the editor that lie
feels hurt at portions of the article,
and communicates the fact in a
manner so courteous and gentle
manly as to appeal to the highest
instincts of a gentleman, the Ex-
Tlu
lor a lailroad until the people can
e'eet nnotlier legislature; in the
meantime it will be well to consider
of the disast'T and damage the
democratic party, during the two
past legislatures, has inflicted upon
tho Slateand the people.
Making a ICccorri Digging
Their Political Graves.
free State, a free school, and a free aminer here, fully and freely, with-
church, are the cardinal principles draws overy portion of the said ar
of American J ilcrty. Hence the tide that could be, by the most
early settlers of America scarcely sensitive gentleman, tortured into
completed the log cabins for their personally offensive words.
families, before they began the log
school houses for their children.
The school house was developed and
spread from Maine to California.
The finest building that springs up
in every village of the great north
west Is the public school house.
Like the light ol heaven and the
water of the earth it is free alikt to
rich and poor. It is the nursery of
theAinericrn citizen.
Itwaskot till after the close of
tho late war that the public school
house began to attract any consid
erable attention in the southern
States. Within the last few years,
however, very considerable pro
gress has been made in many of
these States in working out the
practical problem of public educa
tion. The public schools in Rich
mond, IVtersbu-g and other cities
in '.rinia, are q uil, in all re
spects, to the public schools of Phil
adelphia, New York, or Boston.
The same may be said of the public
schools in Atlanta, Augusta, Sa
vannah, Charleston and many other
southern cities. There is now
pending before tho Georgia legis
lature a bill to give to each school
district the right of local taxation.
If this bill becomes a Jaw as it
probably will, the time is not dis
tant when Georgia will go to the
front, side by side with Virginia,
in the development of her best re
sources. Yet amid this career of Improve
ment, this culture of mind and
character, North Carolina, inferior
In no respect to either Virginia or
Georgia, is doing nothing. When
the Georgia legislature were asked
The democrats of this legislature
are making a very pretty record in
the legislature.
The rich man's party that is the
party of all the wealth and intelli
gence in the State, the democratic
party was out in full force in the
house yesterday, on an educational
system for the rich, as against the
poor.
Mr. McGehee, the leader of the
aristocracy in the house of repre
sentatives, brought forward :v meas
ure to donate all the State land
about Raleigh to the I niversiiy :tt
Chajel Hill, and in addition thereto
tax the people of the Shite one hun
dred thousand dollars a year for the
support of that hot-house of aris
tocracy. An amendment was offered to
substitute common .vAoo.s- for "uni
versity," but the proposition ;is
rejected.
It required, to make the vote of
the house a tie, that Mr.. Johnston
of Buncombe, or Mr. Buncombe of
Johnston, should answer aye, when
tho name of an absent member
Mr. Black well was called and also
that the clerk should fail to record
the vote of Dr. Wheeler, of For
sythe ; and the democrats of the
house sustained and endorsed the
omission of the clerk by refusing to
allow Dr. Wheeler to recorti.ius
vote, though he was present and
protesting that he voted no.
The vote by this kind of demo
cratic tactics was announced, fifty
for; fifty against. Whereupon the
The Iay of lo-notliing Mem
bers of the Legislature versus
Working Clerks.
Our legislators fix their own pay
at five dollars per day for three or
four hours' work, and they manage
it so that they can draw their pay
every day if they wish.
They also fix the pay of the clerks
in the various executive depart
ments at less than half the amount
the legislators receive, though most
of these clerks are required to work
nearly all day, and can only draw
their pay attheend of three months.
Of course it is not expected that
clerks should draw as mu -h or as
often as members of the general as
sembly. But it does seem reasona
ble that these over-worked and
under-paid officials might be allow
ed to draw their pay at the end of
each month. All of these gentle
men are poor, most of them havo
families, and it costs as much for
them to live in lialeigh as it costs
members of the general assembly,
and but for the courtesy of the State
treasurer, would be put to serious
inconvenience by reason of being
required to wait three months for
the scant salary allowed them.
Is this difference between legisla
tors and clerks reasonable ? Is it
t?
The Consolidation Hill.
four years ago to make provisions gp,. Mr. Robinson, possessed
for city schools, they considered the
question. They examined its merits.
They acted. Twelve of the ablest
gentlemen in the legislature were
put upon the committee on educa
tion, of which ex -Governor Brown
was made chairman. The commit
tee availed themselves of all infor
mation within their reach. They
nf an unaccountable infatuation
to bury himself deeper than
the lowest strata of the magnificent
marble of his native Macon, voted
aye, and, so, the bill passed the
house. , , ,
Now the Examiner would de
light to see a flourishing school at
Phanol Hill, and so would all the
became convinced that the relief of poor people of North Carolina ; but
Georgia would be found in improv- when it comes to this, that the
Ing the education of the people, democratic party of North Caro-
They went to work In good nnat in and out of the legislature,
earnest; the city school bill in refusing to do anything for the
was adopted, without opposition school system of the State thus
and the people of Georgia have nev- declares its purpose to resurrect the
er complained. Virginia, Tenncs- university for the education of rich
see, and other southern States In men's sons, and thus perpetuate
an act to amend the ciiaktek
of the North Carolina Rail
road Company, and for other
Prifi'osEs therein mentioned.
Section 1. The general assembly
of Aorfh Carolina do enact : That
the North Carolina railroad com
pany, a corporation chartered by
the general assembly, session 1S1S
'4!, is hereby authorized to con
struct and make, or to purchase,
hold and complete the construction
of a railway from Salisbury to or
near the line of division between
this State and Ttennessee, at or
near Paint Rock, anil to the Geor
gia and Tennessee line in the coun-
tv of C herokee.
SC. 2. That the said North Car
lina railroad company may pur
chase the Western North Carolina
railroad, or any one or all the di
visions of the same, whether at ju
dicial sale or any other sale that
may be made thereof, and thence
forth may have, hold, possess and
be entitled to the said railroad and
all its contracts, franchises, rights,
privileges and immunities, and all
the property and estate of every de
scription, real and personal belong
ing to the Western North Carolina
railroad companies: and by such
purchase the said company shall
acquire all the rights, privileges
and immunities conferred on the
Western North Carolina railroad
company by its charter, and all
amendments made thereto.
Sec. 3. That said company may
In like manner purchase the Atlan
tic and North Carolina Railroad,
and thenceforth have, hold and pos
sess the said railroad and its con
tracts, franchises, rights, privileges i
. ; a. ? 1 tl .U I
and immunities and all the proper-1 the acceptance of this act by the
upon
such equitable terms as the direct-
line shall be known by the name of ors may agree upon,
the North Carolina Railroad Com- Sec. 10. That if the commission-
pany. ers, appointed by this act, to sell
Sec. 5. That said corporation, in and dispose of the bonds, shall de
case it shall become the purchaser clihe to act, resign or die, then the
c . i. it- l n-- ii. tt nUlt ? . vet t , 4.
uiu csiern onn tjuroiina i guvcruur suiiu uijuuiih a suuiuicui
number of commissioners to fill
their places ; but no person shall be
a commissioner, director or general
manager who has heretofore or may
hereafter decline . to testify before
any committee, legislative or other
wise, or before any court of compe
tent jurisdiction, in regard to any
matter touching or growing out of
his conduct while president, or di
rector of any railroad, or while act
ing in any other public fidudiciary
capacity on the ground that if he
were to testify he would criminate
himself, or on any kindred or like
grounds ; or who has been convict
ed of embezzlement; or who has
failed to return t the treasury any
special tax bonds as required by
law; and the bonds shall only be
sold in such amounts as shall be
needed from time to time to carry
out the provisions of this act, and
shall at no time exceed the sum of
five hundred thousand dollars over
and above the actual amount due
and paid.
Sec. 11. That any director or offi
cer or the said .North Carolina rail
road company, or other person en
trusted with any of the bonds, cer
tificates of indebtedness or other
funds of the company, who shall
be guilty of any wrongful appro
priation, misapplication, malfeas
ance or other corrupt use of the
same with intent to benefit him
self and defraud the company, shall
be guilty of a felony, and upon con
viction thereof before any superior
court or the state, shall be punished
by a fine not less than ten thousand
dollars, and by imprisonment in the
penitentiary not less than ten years.
and shall further be g'uilty of em
bezzlement.
Sec. 12. That the bonds author
ized by this act to be issued, and the
mortgage made to secure the same
may be divided into two series or
classes : The first series or class shall
be on all of that portion of the fin
isnea roau, the said company now
owns or may hereafter own between
Morehead and Paint Rock : The
second series or class shall be on the
other roads it may construct, and
acquire and own.
Sec. 13. That the Governor shall
have power to remove, for causes
which he may deem sufficient, any
directors appointed by him, and
shall have power to fill the vacancy,
and shall report to the next session
of the general assembly any action
taken by him in the matter of re
movals. Sec. 14. That the directors of said
company shall have the power to
change the location of any of the
lines their said company may pur
chase: Provided, That the line of
railroad, in Catawba county, run
ning from its main line to Newton,
shall not be changed until the main
line shall have been constructed to
within one mile and a quarter from
the court house in said town of
Newton.
Sec. 15. That immediately after
the sale of the first mortgage bonds
under this act, the said North Car
olina Railroad Company shall com
mence work on the line of the road
between Old Fort and Paint Rock,
and continue the work thereon
without intermission, until the
work is completed between' said
points; and immediately thereafter,
it shall be the duty of the said com
pany to commence work on the
line between Ashe vi lie and the
Georgia and Tennessee line, in Cher
okee county, and continue the work
thereon until the said line is com
pleted ; and to enablesaid company
to carry on and continue said work,
it is hereby made the duty of the
commissioners named in this act, to
reserve from the proceeds of the sale
ofsaidiandsa sum of money not
less than seven hundred and fifty
thousand dollars in cash, to be ap
plied only in the construction of
the said line between Ashevilleand
the Georgia and Tennessee line in
Cherokee county ; and all moneys
raised on any bonds issued on any
part of the line west of Asheville,
shall be set apart by said commis
sioners to be applied exclusively on
the line between Asheville and the
Georgia and Tennessee line in Cher
okee county.
Sec. 16. That immediately after
the passage and ratification of this
act it shall be the duty of the gov
ernor to call a meeting oi the stock
holders of the said North Carolina
Railroad Company and submit this
act and amendment of charter for
their acceptance or rejection, and if i
a majority of the stock so represent
ed shall vote to accept the same, it
srjall become a part of their charter.
Sec. 17. That all laws and clauses
of laws coming in conflict with any
of the provisions of this act, be and
the same are hereby repealed.
!Sec. 18. This act shall take effect
and be J n force from and after its
ratification. 1
In general assembly read three
times and ratified this 10th day of
February, A. D., 1874.
' J. L. ROBESON,
Speaker House Representatives.
C. H. BROGDEN,
President of the Senate.
State op North Carolina,
Office Secretary of State,
Raleigh, Feb. 10th. 1874.
I, Wm.H. Howerton, Secretary
of State, hereby certify that the fore
going is a true copy from the original
act on file in this office.
WM. H. HOWERTON,
Secretary of State.
Railroad, is authorized to complete
the construction of the said railroad
and its divisions, and shall have the
necessary powers for so doing ; and
for the purpose of raising money to
accomplish the purposes of this act,
the said North Carolina Railroad
Company, may, at its option, make,
execute and issue its bonds, payable
with interest thereon, either in
United States currency or gold, and
in this country or any foreign coun
try or state, and at any rate of in
terest it elects, not exceeding eight
per cent, per annum, and for any
amount not exceeding thirteen
thousand dollars per mile of finish
ed road, made or to be made, which
bonds shall be signed by the presi-
1 A .A 11 A 1 t ,
ueni, countersigned oy me direct-
A A A t A I t
ors, and attested oy tne secretary or
the company, and sealed with its
corporate seal, and be wholly or
partly in sums of five hundred dol
lars, or one thousand dollars each,
with the usual half yearly interest
coupons annexed ; the principal
and interest of said bonds to be
made due and payable at such times
and places, and in such manner, and
to be sold at such times, places and
prices as the directors may elect, the
principal of said bonds to be payable
is not less than ten nor more than
twenty years, the sale to be made
by M. E. Manly, W. A. Graham
and R. F. Arm field, commissioners
to sell and dispose of such bonds as
may be issued in pursuance ot the
provisions of this act, and said com
pany are hereby prohibited from
ever resisting the payment tnereoi
on the plea of usury. The proceeds
arising from the sale of said bonds,
and also from the sale of certificates
of indebtedness herein authorized
to be issued, may be applied to con
structing, purchasing and repairing
of the railroads to extend over the
routes herein mentioned, for equip
ping the same, for discharging any
indebtedness of said company and
for purchasing any securities or li
abilities which may embarrass the
operations of said company: Pro
vided, That said commissionersshall
set a part out of the proceeds of the
sales of said bonds, a sum of money
not Ies than one million eight hun
dred thousand dollars, to be applied
to the construction of said Western
North Carolina railroad from Old
Fort by way of Asheville to Paint
Rock, and to no other purpose.
Sec. G. That to secure the pay
ment of the bonds and other evi
dences of debt issued as aforesaid,
and the interest thereon as the same
becomes due, the said corporation
may execute and deliver mortgage
deeds with power of sale to such
trustee or trustees as may be select
ed or agreed on, one of whom shall
be the governor of this State, the
same to be signed by the
president, countersigned by three
directors, and attested by the
secretary of said corporation, conveying-its
railway, branches, fran
chises and property, including its
road I (!, superstructure, equip
ment, choses in action, evidences of
debt, and all its real and personal
estate of whatever kind; and the
said deeds and all other agreements
the said company may enter into,
which by law requires registration,
when duly executed, may be re
corded in the register's office in the
county of Wake, and its registra
tion in that county shall be deemed
an effectual and sufficient registra
tion for all purposes whatever, and
shall irive it priority and prefer
ence over all claims against said
corporation ; and it shall not be
necessary to record or regisier the
same in any other county, any law
to the contrary notwithstanding:
Provided, That the said mortgage
shall contain as full and ample pro
visions in tne matter ot sale and
foreclosure for the security of the
bonds and coupons, or either, in
case of default in the payment of
one, or other, or both, as are con
tained in the deed of indenture or
mortgage made the first day of No
vember, 1867, between the said
North Carolina railroad com pany of
the iirst part, and William A. Gra
ham of the second part.
Sec. 7. That no public sale of said
North Carolina railroad company,
or any part thereof, or any of its fran
chises or rights, shall be made un
der the mortgage provided for in
this act, until such sale shall have
been advertised for six succes
sive weeks in two newspapers
in the city of Raleigh, of the
greatest circulation.
Sec. 8. That the directors of the
said company shall be authorized
to purchase from the stockholders
of the same any of the stock owned
by them, and they are empowered
and directed out of the first moneys
arising from the sale of bonds or
from any lease made or to be made,
to purchase from the private stock
holders or any of them who may
desire to sell their stock or any part
thereof, and to pay for the same at
the rate of fifty dollars per share,
and the stock so purchased shall be
come the property of the said com
pany ; Provided, That if any stock
holder or stockholders of the said
North Carolina Railroad Company,
being such at the time of making
such consolidation, agreement, con
tract or arrangement for the pur
chase, merging or other acquisition
of any of the railroads contemplat
ed by this act, shall be dissatisfied
with the same or dissatisfied with
Washington Items.
Washington, Feb. 10. Marshall
Packard and Appraiser Pitkin, of
Isew Orleans, and liusteed, of Ala
bama are here.
It is expected Senator Carpenter
will speak on the .uouisiana election
bill to-day, when it will be referred
to the committee on elections and
privileges.
Crime in Sew York.
New York, Feb. 10. Prosper
Evans, who has for some time been
drinking to excess, attacked his wife
and son, aged six years, with an
axe, inflicting a very severe, and it
is feared fatal injuries. He then at
tempted to stab himself through
the heart, inflicting several wounds.
Evans was arrested.
Martin Higgins, hackman, con
victed of committing an outrage on
the person of Mary O'Brien, an Irish
girl from Philadelphia, was sen
tenced by Recorder Hackett to 20
years in the State prison.
JAPANESE NEWS.
to Assassinate
Prime Minister.
the
The Attempt
mikado's
Sax Francisco, Feb. 10. The
steamer Tasco Da Gama arrived, in
18 days and 23 hours from Yoka
hama : the quickest time on record.
The following are the particulars of
the attempt to kill Iwaura: As
Iwaura was returning from Mika-
dos temporary residence to his own
dwelling, his carriage was stopped
near the outer castle moat by
bamboo poles stretched across the
road. The sides of his vehicle were
cut through by swords, and Iwaura
hastily descended, and found him
self attacked by several armed men
from whom he received wounds iu
the loin and shoulders. He ran to the
moat close at hand and sprang into
it, remaining hidden for about an
hour, after, which he returned to
Mikadoes house, to which foreign
surgeons were summoned who at
once discovered that his injuries
were in no degree dangerous. lie
will probably be able to resume his
duties in a few weeks. This is the
first attempt at assassination of
hiirh officials since the murder of
Hirosawa Sanga in 1872. No clue
has yet been discovered.
Washington, Feb. 10. Senator
TIIK COURTS.
Mayor's Court. No thin sc was bo
fore His Honor, Mayor WhlUker, ori
yesterday, save an arrext of two younr
bloods who, tho night previously, im-f
grown a little too hilarious and coi..-'
quently boisterous. They were let olf
witli an andinonition and a suitable
tine. ,
NpKcrAr. Term of Wake Superior
CorHT, Hts Honor Juikje ToItrukk
I'kesidino. The following eases wero
disposed of, - in. this Court on Monday,
Feb. IHh : i .
ilader, ndm'r of McKimmon vs lial
eigh National Dank. Judgment lor
plaintiff.
-orui Carolina uauroaa vs u r Men
dcnhall. I5ill dismissed, and judgment
against plaintiff for, costs.
T 1' Lea n s Kiilcixh & fia.sfon Railroad.
Moti i! for removal; motion disallow
fd.
North Carolina Mutual Life Insuranco
Gordon introduced a bill to relieve rth Carodna Mutual Life Insuranco
the political disabilities of R-in'n-1 r""i",y T" " IWI1. All day
Semmes, of Alabama. Referred to ir' over
MIDNIGHT DISPATCHES.
Dcntli of an Author.
Paris, Feb. 10. Jules Michela,
French author, dead.
Press Suppression.
Vienna, Feb. 10. The Vaterland
newspaper of this city has been
suppressed, and its office and mate
rial confiscated.
Spain Accords Belligerent Rights.
Madrid, Feb. 10. The Impar
tiality's, the government has agreed
to the exchange of prisoners with
the Carlists.
Death of a Pharmacist.
Piiidadelpiiia, Feb. 10. Win.
Proctor, Jr., professor in the college
of pharmacy, died suddenly last
night after delivering a lecture to
the students.
prominent Lawyer of llaffalo
Suicides in Savannah.
Savannah, Feb. 10. Geo. F.
Lee, a prominent lawyer of Buffalo
suicided at the Pulaski House this
morning.
Cabinet ITIetting The Busteed
Impeachment Vase The Georgia
Cion tested Case.
Washington, Feb. 10. A brief
Cabinet to-day. All the members
present. Several witnesses were
examined in the Busteed impeach
ment case. Busteed is personally
conducting his defence.
Nomination Mrs. E. C. Bain-
bridge Postmas-ter at Old Point
Comfort, Va. ;
The argument before the House
Committee of Sloan vs. Rawles from
the first Georgia District closed to
day. Rawles the sitting member
concluded his speech which he com
menced.
judiciary committee.
Senator Bayard submitted a res
olution requesting the President to
transmit to the senate information
called for in resolution (if Marc h
1st, 1873, as to whether any officer
of the United States army on duty
in South Carolina, used elfort to
procure legislation in that State to
compensate hiai for services render
ed in bis line of duty, and whether
such officer was admitted to the bar
in that State and oracticed his pro
fession while holding commission
as an officer. Laid over.
Senaio Gordon, of Georgia, in
troduced a bid granting aid to the
Atlantic and Great Western canal
transportation company.
The senate resumed considera
tion of the; bankrupt bill pending;
the amendment, being that of Mer
rimon giving to the State courts the
same power as t lat o.'the federal
courts in executing the bankrupt
law, which was rejected.
Senator Johnson, of Virginia,
ottered an amendment pioviding
that notices of all sales made by an
assignee should be published in the
newspaper having the largest cir
culation in the county where such
sale is to be made. 'Rejected.
Edmurds moved to lill the blank
in tne secnon in reunion io compo
sition with creditors so ns to pro
vide that an arrangement for settle
ment between creditors and debtors
in order to be valid shall receive
signatures of two-thirds the mini-
ber of eredittors: re i resen titir one-
half the value of debts. Agre. d
to.
Mr. Thurpian moved to lill
the blank as to the time when tin
provisions or tne tnirty-nuun sec
tion as amended by the committee,
shall take effect by inserting the
first day of December, 1S73, so that
the section shall apply to all cases
of compulsory or involuntary bank
ruptcy commenced since that date.
Agreed to.
Mr. Sumner offered an amend
ment to the twentty-first section
of the original act as follows:
But a creditor providing his
debtor's claim shall not be
held to have waived his right
of action or suit against the bank
rupt where a discharge has been re
fused or the proceedings have been
determined without a discharge.
Agreed to.
Tne bill having been considered
in the senate as committee of the
whole, was then reported to the
senate, and amendments concurred
in.
Senator Johnson, of Virginia,
modified bis amendment previous
ly offered, so as to read as follows:
''All noticas of sales under this act
by any assignee or officer of the
court, shall be published in the
newspaper or newspapers to ue de
signated by the Judge, which in his
opinion shall be best calculated to
give general notice of the sale."
Agreed to.
The bill then passed yeas 4:,
nays 11 and goes to the house for
concurrence.
Short executive session. No south
ern nomirations.
Tho following c:hoh woro diioo I of
on Tuesday, 10th :
City of Halcigh vs S N Vlulson and
sureties. Judgment fr plaintiff.
Jasper Fleinining vs-J II. Scarbor
ough. Judgment tor plain tilt'.
North Carolina Mutual Life-insurance
Company v.s Jno II 1'oweJl. Thin
cause closed alter three days trial. Ver
dict and judgment for plaintiff. Pol'cii
dant appealed to tho Supremo Court.
About thirty-Five eases dependant upon
this one.
llattle, receiver, vs T J Jarvis. Judg
ment against plaintiff for costs.
Joh Ulako vs Angeliuo Warren. On
trial.
SuruuMK Coukt. This Court met
at its usual hour, all tho Judges being
present. Causes from tho 1-th Ii
iriet were considered as follows :
A. II. Suddrcth Ud'n vsMcCombs
and Suddrcth adm'r from Cherokee;
II. L. (Judger, llattle iV Son for plain
tiff; A. T. and T. F. Davidson, Merri
nion Fuller 4t Asho for defendants.
Kcmandcd t have the facts found and
distinctly staled. Plaintiffs anneal.
A. ll. Suiidretli gd'n s McComh
and Suddrcth adm'r from Cherokee, II.
llattle A- Son for
oKce, ii.
plaintiff;
L. Judge
A. T and T. F. Da idsoli. Meirinmn,
Fuller it Ashe for defendants.' Appc.d.
Keni:inded to have llcf facta found an I
distinctly stated. -4,
The following causes from tne, th
district were argued : - I
l;mc liinlon vs David 1 1 in ton, from
Wake. W. S. Mason Smith, A Sirotig,
T. 1. 1 evreu.,Moore A IJaUing for de
lend. int.
K' ziah ( hristnias et al vs Jas. Joiicm
F.x'r et al from YVarrei). Ilatehelor,Fd
w.irdsA' Itatchelor for defendants, ('n
tiuued. ir. V. Mordeeai, et. nf., rs. John
1 ) - 1 : eti .x . i t. uh, from llaiilax, Mooio
.itlbiig. Waller Clark. K. lb I'. (Ides
lor plaintiff-, llattle A Son, I . .V.
liarnes, Y. W. IVebies f.r defendants.
Retained. Motion to dismiss petition
and to rehec.r allowed.
Martha Jane Camp v.s. Richard II.
Smith, Fr., from Halifax, I'cehlcs V
Peebles for plaintiff P.atchelor, F.d
wards A' Ratchelor, Ivlward Coniglan'd
for defendant. Continued for report.
Same against same with samo counsel
continued for report.
Jane C. llinton r.i. David llinton,
from Wake, Mason, Devereiix, Smith
and Strong for plaintiff. Moore it Jai
ling for defendant. Continued.
It. II. Kingsbury v.s. W. It. Suit, ct.
al., John W. Hays for plaintiff. Ilai
grove, Itatchelor, Edwards A Ratchelor
lor defendants. Put off.
M. Hawkins, administrator, vs. W. II.
Pleasanis et al., from Franklin, Cook,
Rusbeo it Rusbee and Moore A (Jailing
for plaintiff; J. J. Davis, Ratchelor, Ed
wards fc Ratchelor for defendants. Ar
gued on motion to dismiss appeal.
John S. Dancy vh. John J. Long, from
Halifax. Rattle A Sou for plaintiff;
MooroA (tailing, Ratchelor, Ed.vardsA
Ratchelor, and Ed. Couiland for deleu
dont. Ordered that Renj. O. Joyner lo '
notified that he be allowed to bo .oine a
partv of defendant.
John R McRao et al. vs K. P. Ratlle,
ex'r., from Warren. Meri inion, Rai nes
and J. C Mcltao for plaintiff; Rattle A
Son for defendant. Decree Hied.
Tho Jus. ices will peremptorily call
district
PItOJI VIKia.MA.
a
A Defaulting Clerk Arrested at K;i-
nana Falls Attempt at Suicide
for Kmt)9zzlin Bonds, Ac, Ac.
Richmond, Va., Feb. 10. -Hen
ry, a cieiauiting cleric in the Lynch-
irg internal revenue olhce has
been arrested at Ivanawha Falls,
W. Va. Notwithstanding the state
ment of the special agent at Lynch
burg that the defalcation amounts
to thirty-five hundred dollars,
dispatch from the sheriff of Kana
wha states that fourteen thousand,
two hundred and nineteen dollars
were found on Henry's person. The
prisoner will be returned to Lynch
burg for trial.
W. D. Coleman, who attempted
to take his life yesterday upon be
ing arrested for embezzeling bonds
of the state Kinking Fund, will
be examined on Thursday, in the
police court hi3 condition beinsr
such as not to confine him to his
room. The amount of the embez
zlement is not known, but a full
investigation will be had at once
into the affairs of the sinkine fund.
Probably by a legislative commit
tee at the instance of the commis
sioners of the fund.
Xlie Features of tbe Bankrupt Lau ,
Jnorm Lenient to tne Debtor.
Washington, Feb. 10th. The
Senate to-day after a weeks discus
sion passed the bankrupt bill.
Senator Edmunds, who had charge
of it having persistently pressed it
upon the Senate, and refused to al
low any measure to be introduced
which might set it aside for any
time whatever.
The bill is very much more lenient
to the debtor class than the old Jaw.
One of its principal features being
that a debtor who suspends the pay
ment of his paper, cannot be forced
into bankruptcy under forty days.
An amendment offered by Senator
Johnson, of Virginia, to-day, re
quiring assignees to make public
notice, in newspapers having the
largest circulation, of sales to be
made, was agreed to. The bill
further reduces the fees of bank
rupt officers to one half of that
House. A hill providing that all
mail matter of the third class with
the name and address of the sender
may be written and also the num
ber and name of the article en
closed, and there may also be writ
ten in or on any book or pamphlet,
sent through the mail a form of
presentation without extra postage
being charged. In the discussion
that ensued, several instances were
mentioned where documents sent
by members of Congress, through
the mail post paid, were held for
large extra postage because the
members had written their names
or initials on the wrapper.
On motion of G. F. Hoar, the bill
was made to apply to matter here
tofore sent and was then passed.
The House went into committee of
the whole on the army bill. The
4th section of the bill requires that
all claims for stores or supplies
taken or furnished during the
rebellion for the use of the
army including all such claims now
pending and undetermined in any
department of the goverment shall
be presented before the 1st of No
vember, 1871, to the Southern
Claims Commissioners who shall
have exclusive jurisdiction to hear
and determine them. All claims
not presented before 'th:-t dav it re
to he barred, the transfer of the
claims from the qu -trier-masters de
partment, is to bo considered as a
presentation of tho claims. This
section gave rise to a lon discus
sion and many amendments were
offered to it. The most important
amendments that were adopted,
was the one offered hy Young, of
Georgia, extending the time from
November, 1871 to November, 187o,
and the one offered by t. it. iioar,
of Massachusetts for the appoint
ment of two additional com mis
sioners. An amendment offered
by. Spencer, of Pennsylvania, was
also adopted alter a long struggle,
transferrintr to the commissioners
ail the evidence now on file with
the quartermaster general and com
missary general.
Mr. Beck offered the. following
resolution, which was adopted:
Whereas, the First National Bank
of the City of Washington recently
became insolvent, and is now in
the hands of a receiver, in conse-
ouence. as is alleged, of lending to
or placing in the control of a single
firm the whole of its capital stock,
as well as a large part of the money
of its depositors, which is in palpa
ble violation of the national oanK-
V 1 - A I i
ing act; ara, wnereas, me circum
stances attending the failure of said
bank, and the character of the man
agement under which so gross a
violation of Jaw could have ta
ken place, demand an investigation,
that remedies may be applied to
guard against like frauds in the fu
ture; therefore,
Itosolved, luat the committee on
banking and, currency be instructed
to examine into the condition of
said bank at the time of its failure,
and in its prior transactions and
general management with power to
send for persona and papers.
ti-
pea
In from the (Uh
this
( Wednesday) morninir.
The Mketixu of tiik L'mvkhsii v
Tiu'stkks. As heretofore announced,
the lirst meeting of tho new llo:trd cf
Trustees of tho University is billed l
meet in this city on tho lsth of l-'ehi 11
ary. Jielow wo publish in full the hill
as it passed both llousesof the ieneral
Assombly:
A HILT., TO II K KNTITLKP AN ACT TO Kl X
TIIK TIMK AND CLACK OF TIIK I'lUsr
MBKTINO OF TIIK THUsTKK.S OF TIIK
I'NIVKKSITY OF NOKTIt CAHOLI.N'A.
The (t'eneral Assembly 0 Xurth (n -lina
do Enact .Section 1. That tho
lirst meeting of the' Trustees of the I'ni-
versity of North Carolina elected und- r
the provisions of an act to provide for'
the election of Trustees of the Univer
sity of North Carolina, ratified 011 'Jsth
January, 1871, shall tako placo in tho
city of Raleigh, on tho 1 Stli day of Feb
ruary, 1S7I.
Sec. 2. This aetshall tako efect froin
its ratification. ,
Lf.o IS
C'. ior-
introduccd
St. Patrick's Iav is tiik
latukk: Yesterday, ien. J
man. tho son of a " Mi k"
the following : !
li'icrr'ix. Tho people of North Caro
lina are ever ready to welcome with
open arms all, who come anions them
for the purpose of buying lauds or en
ga&injj; iu any and every luaix Ji of tho
various industries of the State ; and
Whereas, On tho 17th of Man h, ls7!,
it is proposed by Kev. Father Mr
Namara, to hold a grand Immigration
Convention in tho city of Kaltih; to
testify our wish and desire to see the
sturdy sons and fair daughters and
matrons ol other nations come and
possess th vacant places and idle lands
iu our midst; theref.uv,
lir.vjlicil, That we the representa
tives and senators of North Carolina.
in general assembly assembled, m-.i,
cordially appreciate and endorse tlm
sir,treti'!i to. m'ako the celebration of
St. Patrick's lay theoccasion to assure,
not only the worthy sons of Ireland,
but those of all other nations, Uimi v e,
the people of North Carolina, extend to
them a hearty welcome to our border-,
and to assure them also that the laws of
this State are sufficient and ample to
secure to them all the rights and privi
leges enjoyed by native sons of Noiih
Carolina.
Ilcsolvcd, That we recommend to tho
people of North Carolina that they
make the approaching 17th of March an
occasion worthy of the object which tho
friends of tho matter have iri view, by
attending the proposed Convention, and
giving expression to their feelings in
the desiro to attract population, skill
and capital, that thus our country may
be filled with industrious people ; that
our vast resources bo properly de
veloped, and that tho good name of
North Carolina may be made widely
known among the nations of the earth.
Washing Tim Street GahLa.mi-s
This theme is not yet exhausted. Wo
saw a solitary footman with a little lad
der slowly wending his way up llills
boro street on yesterday engaged in the
laudable and even to be praised duty
of washing the street gas lamps, lie
was a good stout man, with long arms
and brawny muscle, with an expres
sion of lierco determination on his
countenance, but we submit in all caii
dor to those who are commanding this v
department that recruits should bo
boldly and quickly marched to his re
lief. For as black assomo of these lamns
are it would take tho most expert math
ematician to decipher about what timo
this gentlemen will accomplish tho de
sired object. One word more the lamp
just below this office needs repairs bad
ly, Having been on 1110 stays 10 meso
many dark nights, and all concerned,
especially we of this office, will bo
obliged to you tojattend to it and shall
ever pray.
Col. Ii. W. Humphrey, tho senator
from Wayne, was absent from his sat
in the senate yesterday 011 account of a
severe and sudden illness. He is better,
and was rapidly recovering last night.