-" . f ' V 3 H; Wnjtehurst 4227 ALEI'GrH a , RALEIGHi N.!0., TUESDAY MORNING, MARCH 5, 1878. VOL. XHI-NO. 4. $.500 PER ANNUM. - ' - R 8 ws EUROPE. "END OF THE HOLY WORK," The Treaty Signed oh Saturday Great EnthnsiasmCongrat--illations to the Car--The JKus Bians Jubilant. London, v March - 3. The A following announcement of the conclusion of peace between Russia and Turkey, was received to-night by Renter Telegram Company.: .. ,--:.T ; - Const antinople, Sunday Night, ) fl'iJ laVbN 3d,fl878.4h The treaty1 of peace has jbeeh signed. The Grand Duke Nicholas announced the fact to' 'the soldiers at review at San' Stefano' to day5; ''Russia has aban doned her claims on the Egyptian and Bulgarian tributes. - . , -.. -4 London, -Marea 4. A special to th Standard from Vienna asserts that two divisions of Austrians will enter Bosnia! id abont:teo days; : The Standard's correspondent at Vi enna states, that; the Austrian and Brit ish ambassadors ' are instructed to pro test, if the Russians enter Constan4ino- pie. - . f The Times' St Petersburg andT-'era correspondent! eqnfirra. the, report that the treaty of peace had been signed.' At St. Petersburg the enthusiasm over the news of peace., is unprecedented. Immense crowds are before the Palace, shouting and singing, "God save the Czar." ' . V The . Pera . correspondent says the treaty was signed n Saturday, -.; Thirty-one thousand troops were re viewed at Sau Stefano, and a Te Deum was sung amid great enthusiasm.' The correspondent, of the Times at San Stefano is able to state that neither the surrender of a portion of the Turk ish fleet, nor a TJlainr on the Egyptian tribute, is included in the conditions. No interference with a ;portion of the Turkish r revenue hypothecated to foreign ereditors. - Nothing definitely settled relative to indemnity, but it will principally be in the form of territory in Agfa, including Ears and Batoum not Erzeroum. Salouica and Adrianople are not included in Bulgaria". '' ' The Daily Telegraph's Pera corre spondent , professes to give the condi tions of peace. , Ho makes the indemnity 1,400 million roubles,' with forty millions sterling in bonds added. The Paris correspondent of the Times telegraphs as follows: v "Lord Lyons; the British Ambassador here, will go to London on Tuesday, presumably to con-' fer'orally with - the government about ' his course at the conference.., r . - . A despatch to Reuter from Constan tinople, March 3rd, by way El Areb, J Bays: "Previous to the signature of the treaty of peace. Gen. Tgnatieff demand ed that Turkey should unite with Rus sia in defending all its stipulations beT fore the conference. ...Safvet Pasha re fused to accede to this. , Gen. Ignatieff then telegraphed to St. Petersburg for instructions. It is not known how the question was settled. Russia agreed not to7, include Salonica in Bulgaria. It includes Bourgas, Var na and Kustendje. Money indemnity of 40,000,000 pounds originally claimed in addition to territorial concession, was fi nally fixed at 12 millions, i ; i i't ' fc St. Peteksbujbg, March 4. The ' Ctrand Duke Nicholas"- bas sent the fol-' lowing to the Emperor: "San Stefans, March 3,-rI do myself the honor of con gratulating your Majesty upon the con clusion of peace. God has vouchsafed tons the happiness .of accomplishing the holy work begun by your Majesty, and on the anniversary of the enfran chisement of the serfs. Tour Majesty has delivered christians from the Mussul man yoke." London, March 4. The Pera cor respondent of the Times says: By giv ing up their hostile European.provinces,. and at the same time receiving a tribute fronjthenii or jjaddhngrthe'm with a portion of the national debt, and con centrating the MySsulpians in the ter ritory contiguous -toJ Constantinople, and making the concentration required Minor, the Turks' will create ' a now Of toman power ten- times .stronger than when it was -spread over a vast; badly organised and hostile territory. lathe hoase ef-iopdar LokI-Derhy- said the -.govecrneat' had received the termspf peace, " but in an imperfect state. , He-could only say that; - the terms did not-iaolude the--oessionf the Turkish fleet, the indemnity wiis reduced far-K;0d,000 'sterling, and 'that tfie Egyj)tain tribute was not affected. In the hoB30 ofCojnmons, tha -Secre tary of State for War, in answer to a question, said the matter of defence Cai9AqifcialCp5t Qf,EnglaM was being carefully considered, at the present rao&ent, J.U 2 wJi - t A' Cuban Proclamation. ' Havana, March -4 A proclamation, dated. Puerto. Principe, and signed by Capfaih General Jovellar and Gieneral Martlbe Campos, says: . s 'Wheeeas, the insurgents : are; sur rendering their, arms,; and.whereasa majority ef the slaves' who took part in the; ::lnsarrection'. did hot figure. in the oen'sjas formed in the yeajt 1870, or be longed to masters .whpparticipated di-tectplpdh-ectly ni th4 insnrrection, thereby acquiring theii liberty de facto, and whereas the sentiment is taken in to account which inspired ,thepresent law of the gradual.: mnipati qk of the flaves in this ' Island, therefore. author ized by the home 'governmenfc,: we'prb'-elalnv;';';::,- t'i. f,..,-;.. . ..V lAJtaBls'rAUlaveg" of both aexeswhp wereTn'the , files of the In surgents on the lOthi of February, will be free if they 'present- themselves to il. i.tZiL! -.li J.it.i:. 4.1 the leniikhate Authorities, or the gov ernmeot troops before the last day of Akticle 2nd. The former bwhers of these fi-eedmen have no right to indem nity if they-took part- in the insurrec tion themselves directly or indirectly. Abticlb 3rd -Those formerly , own ers of these freedmen - who. remained faithful to the Spanish .government will receive- an , indemnity in tne manner which the law of gradual abolition pre scribes. Abticlb -L All local authorities will furnish papers of free - citizenship to these former slaves included ' in article first, giving direct aud detailed accounts to the heads Of their respective depart ments. : ''' " ' -,'' '' -; ' A decree signed by Capt. General Jo vellar and Geq.M. Campos, says: Whilst during the existence of the insurrection ' .all the attentioq of the government was absorbed by the war, - now after its hap py conclusion comes thai time to intro duce into the organic political adminis trative system of the Island, such re forms a without insurrection Cuba would have enjoyed long ago and would - have been in an analagous position with Porto Rico excepting certain reforms of a social character, to be resolved upon after profound study of the circum-T stances; therefore, article lsVc dating from the next legislative term Cuba, will be represented iu the Cortes at Madrid equal terms with Porto Rico accord ing to the population of the Island.' ! Article 2d, of , the provincial and mu nicipal laws, of Spain, dated October 1877, will be applied to the govern meut'and administration of Cuba, as is done in Porto Rico. "Abticlb 3b, iThe Spanish : govern ment will be requested to apply sue oessively to Cuba all other laws pro mulgated in Spaia, ..aod to .be pramuU gated in Spain, with such modifications as are thought convenient, and in virtue of the prescription of article 89 of the constitution of the monarchy, i -A : - - - ; v... ' 5 Forty-Fifth Congress. , Washington, March 4. Vice-Presi dent Wheeler returned"to the dity Sat urday, and occupied his seat to-tlay ' j Morrill, of Vermont, in presenting J several petitions in lavor ot tne appor tionment of a commission on the sub iect of alcoholic ITuuor traffio. cave no tice that off "Wednesday next he would 1 move to. postpone; pending all prior or ders and proceed to the consideration of that bii;.;.. ., , ,4 r . , - , -. coiu4iiiw,ot; on coiuitgv, weiguis snd taeisflresi' resolveoHo report-in fa-' vor of ,au increase of facilities for the ooinage. This looks .to full, work at, New Orleans and a,$ Charlotte. f I ,Col. J. L. Haynes, collector of cus toms at BrowiisviUeJ Is before he njlli-C. tjary committee of the House. His tes timony is to the effect that the present' force on the border could not safely be reduced at present vf : ' fy -j j j House. Vance, of N. C, introduced a bill antborizmg - circuit and district Judges to fine and imprison at discre tion in cases of conviction of illicit dis tillation, in lieu of the punishment now required. Referred. The Senate amendments to ; the bin issuing arms to the Washington Light nl'antry of Charleston, S. C, were eon iurred in. " - ; - ? . ' ; ! The Senate bill granting pensions to the veterans who served 14 days in the War of 1812, and restoring to the rolls the names of those stricken therefrom on account of disloyalty, was passed, j Confirmations: Bayard Taylor, Min ister to Germany; Jehu Baker,?Minister fo Venezuela; Wm. 0. Goodloe, Minis ter to Belgium; S. H. Russell, Marshal of Western Texas; Frank N. Wicker, Pollector of Customs, Key West. . . j The Ways and Means Committee in their tariff bill increased laces from 20 to 40 per cent, and reduced shelled al hionds from fifteen to twelve cents per" pound. f Nominations: Mrs.' Bainbridge, Post, Master, Old Point Comfort; Geo. C. Tanner, H. C., Consul at Liege; Mar shall H Twichell, La., Consul at Kings ton ; Albert G. Porter, Indiana, First Comptroller of the Treasury. " t Senate. Cockrell, of Missouri, in roduced a bill ; for'oertificates in- sums bf 20dollars for deposit of silver bullion, to be received for- custom dues. Refer red to the committee on finance. Ingalls introduced a resolution to re peal the charter of the .National Capital Life Insurance Company, ' "" u, 4. ... failures. . 1 London. March 4. Laza. Marcos & fcompany,"importandeiporfc merchants,7 London and Havana, have suspended. iineir. liaouities are believed to be heavy. .. . . .. i Cincinnati, March 41 The Miami Savings Bank of this city, have failed. iLiabiSties, $170,000; assets, ; $18,000 less. ... ; , . New Tokk, March 4. The failure of Jewell, Harrison & Co., provision deal ers, is announced. . 'jt Insane .Aiylnmi ; lo the-.Editor of the News : r . - Sib : I have carefully read the cor respondence in your paper " relative to' Dr. Gri3sommideep!yregret to see that there is yet a dissenting voice in regard to his continuance as Superin tendent of the Insane Asylum," which office he has so faithfully 'filled with credit to the State, the Institution, himself, and to the entire satisfaction of his many friends, who, nnfortuaatelyj- have relatives - aud connexions tundgr his care. " Is there a man in this community. ayA I mayf sayn the fitate, whcan lay his hand upon his heart and say that Dr. Grissom has not fully and faithfully discharged, alt the duties in cumbent upon such a responsible posi tion'?5 'I fearlessly assert,-, that from a , j, . 1 5 -- v& I met with any man so gifted by nature' to regulate and govern an Institution of this kinu ; his mid manner, his: for-, bearance, his ' sympathetic' heart, his' distinguished acquirements as a physi-; cian, speau Knowingly; an conspire to: recommend, nun, to. the , tull conn- dence of the State at large, as pre emi nently qualified for the supervision of the poor unfortunates who have been plaeed under his care. . . t have hai some experience in the Blockley Hospital of Philadelphia, and therefore arrogate t$ myself the pre sumption to otter an opinion in support of the management, system "and regu lation Of our Insane Asylum. Now what weight have the. attacks upoa DrcGris som. and uDon what erounds are thev predicated ? Nbnev except that he was" made Superintepdent by the Republican, party. -a.amivung no , incompetency, out it you retain nun, you reflect up on the other ' physicians of the State, and acknowledge that there are none competent to fill the station.1 excetit Dr. Grissoni.'r' Such'is, if not thtf Word of your correspondent, their tUU' meaning. Oh ! hpw puerile and prejudiced, and in the language ot the old Jf rover b, , you kill my dog, I kill your cat : "' l sides, there is a manifest sentiment of discord, which, , at this day and time, no houest heart should cultivate, -Let us lay aside all party' malice which may have been engendered during the days of carpes-baertrei-s and scauawagSL and continue in office .such men as Dr. G-, who are ' without spot' or blemish, in a social or official capacity. , ouch are the sentiments of our great statesman, Ran som, .which nave made him the brightest star in the political arena, both North and South. :. The Directory of the Lunatic Asylum Is composed of good , and intelligent men,' and I. trust will not be governed by party prejudice, J but give unto ",Csar the things that are his," and retain Dr. Grissom,' Superintendent of the Insane Asylum. ' M, L; . A Boiler Explosion. Cincinnati, 0. March 4, A boiler at Miami distillery," near' Hamilton,' O., exploded this morning, .fatally scalding David Morton and John , Mills, em ployees, -' " - '.'; OUK WASHMIOTOJr-IXTTER. Onr Bepresentatives at TTorh Thuriuan and . idinar-T J(" Growing Weakness of the i Cabinet The Signal " Service Slaps Corcoran i Art . Gallery. ' (From our-own Correspondent.) . Washington, March 2d, 1878.;. Neither House of Congress is in ses sion to-day nor was the Senate in, ses sion on yesfaerday ,w , 1 , Nothing of special interest transpired In the House, on yesterday, the day having been mainly devoted, as is the usage on Fridays, to the consideration of the private calendar. J -Mr. Waddell, from the Committee on Post Offices and Post Roads, reported back, as a snbstitu . for sundry bills referred to "that t ommittee, a bill to provide ocean .tgair steamship service between the . United, States and Brazil; and . On motion oflMr. Waddell, Wednes day next was set apart for the consider ation of the bill to regulate' the' compen- aatioa. oC - potiDaster---and-- foP. other purposes, Mr. Pa' vis presented - the petition of 65 citizens of Wilson -county, N. C, praying for the establishment ""of "a" United States District Court at Tar boro; aud . , : 'H Mr. Steele presented; the petition of sundry citizens of Catawba , county, aaainstthe ..abolition of the : Western Judicial. Districts - As was to- be - expected, the leading journals of the North and East, the Wall street gentry, and the "bloated bond-holders," are denouncing the passage of the silver bill in the severest terms, while the press of the South and West as universally applaud it. By the way, a Washington correspondent of the Detroit Neves , mentions, , as a matter ' ot current gossip, mat Thurman and Lamar are looming up as the prominent Democratic candidates for the Presidency and Vice-Presidency in 1880, on the ground that the former will conciliate "financial" sentiment at the West, and that the . Eastern States may be expected to like a Southern man, who has expressed very liberal views on re construction and who voted against the silver bill,- 'although instructed by his State to vote for it. Possibly some such. expectation, on Mr, Lamar's part, may explain his vote, in other words, account for the milk in that cccoa- BUt. - "IVisj -Gl Si:, I:.:.:.,.,: ' ' Jit ' I have just read the able report of Gen. Scales, Chairman of the Commit tee on Indian Affairs, recommending the transfer of the Indian Bureau from the Interior .to the. War Department. The proposition is supported by a thor ough and caustic resume of the sad but Instructive history of Indian Affairs un der the existing system, a hi&tory of fraud, corruption and 'Tings,": and is further enforced by a searching exami nation into and estimate ot the cost of the two systems. ; ' dent Hayes is growing daily, more and more, in popular disfavor. The recent eagerness of the majority of them to in cite the Executive to interference in Louisiana afi'airs, and their counsels in the imatter of the late veto, i have given their disrepute a - further jlpwtl ward 1,'; tendency. ; In .. point of enlaigid " gratp v of mi6ck' Or pba- itive: and liberal statesmanship, the "Ministry" is a potent failure. Mr. Hivarts, unquestionably, a great lawyer, is eaten up with an egoism which never lets ff go for an instant and is said to 1 j A. t. til oe as innocent ei warmtn oi sympainy or character as the northern side of the North pole; Schurz is a charlatan and nothing more; Jno. Sherman is too no torious for malignity, treachery and nn scrupulousness to need any dark pig- raent at my hands; McCrary, Secretary oi War, is the cleverest ot the batch; while Secretary Key occupies, I- imag ine, about the same relation to Admin istration councils that a fifth wheel would to a coach. ' - ' 1 :--: ' There ' hang, : in ' the " lobbies of the" Senate and Hduse of Representatives, several large maps that will at once at tract the attention of the visitor. They are the' signal maps, made of canvas, covered with a thick coating of oil. Black marks traversing them indicate .the isothermal lines. . Appended to the name of each prominent town or city in the country are small tags, on which is printed thj immediate condition of the weather or temperature there prevail ing. These: tags are changed twice each day, by officers connected with the Signal service to correspond with the observations as they are made- at Fort Whipple, on Georgetown heights..- And now see the results : One can ' tell at a glance which way the wind is blowing, oft how f warm.; tor how. cold -it is, at "the "moment bf inspection -at : Sah Francisco, St. Louis, Boston, Memphis, New Orleans Charleston, etc. While I am enj tying a;bright and balmy mor ning here, I can tell, at a' glance, whether or not yon are hoisting- your umbrellas in our dear old "City of Oaks," and vice versa. . Who shall measure the progressiveness of this age and this, wonderful people of ours? "The wind bloireth- where) it listeth, and thou canst not tell whence it cometh nor whither it goeth ; " but this was written thousaudsof years before Amer ican genius imprisoned the lightning and taught it to speak, before astrono my held close converse with the ktars, and before signal stations and observa tions were dreamed of I ; Corcoran's Art Gallery the gift to thia city bf that large-hearted gentle man ' and ' philanthropist, who knows how to do good with .his money in his life-time, instead of waiting to dole it out by bequest is the home and gem of beauty in Washington. One of aesthetic tastes can spend days within its charm ing precincts, with ever-increasing de light. There are several Madonnas, original ' pictures by the masters, which fill the eyes with tears and the Heart witu emotion ; and thero is a picture of Charlotte Corday, looking tnrouzn tne bars of the r Tench tsastile, that actually ravishes with the beauty of 'despermte ' heroism that elows and burns in a glorious face. But I have no words to describe what is immortal ized on canvas and in marble. S. G. HCDOWELL. Mad Dogs .Wedding of the Blind-Political. (From eur own Correspondent.) .' ' Mabion, N. C, March 2d, 1878. , The mad-dog excitement has about subsided, without serious injury to any body. ' " -. ' -, ' Mr. Walter McCurry, of this county. was married a few evenings ago to Miss DcLoche, . of Northampton; both bund, . , - It is whispered that prominent and influential Democrats have concocted a scheme to nominate and elect to the Legislature, an individual who aided himself to the Radical party in its in cipieucy, and fought until, recently his political antagonists with all the vim and vehemence of his nature. Is such a project on foot ? The very idea is re yoltipg to the Democratic yeoman. There was but 'one Democratic and one Republican candidate at the last election. The probability is that there will be several this year, but a .Demo-, crt. thoroughly identified with the or ganization, will be the legislator. This county is Democratic by about four hundred. ' ': ;. ... J . LETTER FROM LENOIR. :!.(' i-.i i -r- That Pearson Monument Again W-A Correctlon-A Noted Crlm- jinal Case Disposed or. .! V ' '.-;.''. '. ' :',::r 'i J tSpecial Correspondence of the News. ) j ! Lenoib, N. C, March 1, 1878, , 5 :1 regret that you did uot see proper to publish all I had to say on the matter of that proposed monument to the late the matter of whicb be lost so much of the esteem of his fellow-citizens. I re gret it also in view of the fact that VUne of his students'' nas cnuciseu the motives that prompted my letter; or at least thinks that any reflections upon the Chief Justice shouM have been withheld, now that he is called to the gjreat tribunal at- which we all have to appear.:"' ' - : i Now my article was not written, as is said, "on the spur of the moment," -. It was penned after much deliberation, after much "charitable' consideration. Our Supreme Courts are our greatest bulwarks ; they are the great custodians of the people's rights, in more than one view of the case; and I contend that when a Chief Justice on this Supreme Bench falters in the conflict withwrong and oppression ; and, from motives of fear or otherwise, turns the scale in favor ef the wrong and oppressive? theu I say virtue should nd longer lean upon such a man. And such a man who forsakes North Carolina in her dark hour of trial ought not to have a monument at the hands of North Caro linians, however much he may have been dear to them through the impulses bf friendship or the desires to show re cognition of genius, r - . -( I trust you will yet publish what I had to say on the Bubject, in full, if the manuscript of my letter is not destroy ed ; and I am willing to be judged by it,, ever my fuU signature, ' if necessary, audi will repeat the request .to print the whole cf the communication touchr tag the matter in "question, if, upon your sober second thought, you do not find t will conflict with the ends of truth ind justioe fiat justitia, mat ccelum. . , Note. The rass. was destroyed. We were ."pressed for " space that day, and elifainated from ; our correspond ent's letter what we considered could be omitted without marring it.--EDiTOB. 11 have another , regret a! so to express n regatd to my last letter. I have in advertently got Judge Schenck and pudge Furches mixed up in connection witu one oi me aueouoius repeated. painsr -i;en rongly j informed about J the matte - t maKingtu corTev..., ana giauiy lay any thanks and honor due in the case at the door ot Judge Furches, for whom I have occasion to have high personal re gard, f i ' t While on, the subject of Judges and Courts, 'I might have something to say in regard to a recent decision upon the Supreme bench which would be of inter- fest to your readers. It is in the case of th9 Stat4ts. Zaxton; top the crime of rpfS--rape of a; respectabl? white girl f this county. ' " " I This case has been one ot unusual in terest here. This lastdecision is the (uppermost tbemein many of the locali- ities of the' county, : no wi" in vie w of the jresult. c' r r The girl was the orphaned daughter of a brave Confederate' soldier who lost his life in one of the bloody -battles in Virginia during the war. T. he family were quite limited in -their circumstan ces, but the victim of thj crime proved to have always borne an irreproachable character. The negro - jiuV Laxton was a very intelligent darkey, who numbered his friends among some of the best citi zens of the- oounty. No negro : in the county stood - fairer in bnsineas circles than this same: Laxton." . H3iad ample credit, not only in his neighborhood, but among the merchant1 areund,- So deep indeed were the attachments of many of his friends, that they haVe ad hered to him through the fortunes of the law prosecutions. He has been de fended by what 1 is considered the best legal ability in- the State in criminal practice Cols. .Folk , and Arm field. I The negro was convicted in Ualdwell conhty, and on appeal for a new trial, which was granted by the Supreme Court a . . year ago, was , convicted again at ' a Court at Statesville in Iredell county. The evidence revealed a most horrible crime. The rebutting facts were few and insignificant. Yet the case was managed with consummate tact and ability on both sides. " l believe the strong point that the defense tried to make was in undue familiarity exist ing between the ' parties before him. They had worked together in common field operations on the farm of .a neigh bor; and d im liaxton was in ine naoit, it was said, of visiting Afy a sort of friendly way in the family. One night when it was known that , the girl was alone at home, he went and under false pretences enticed her to the door, when he seized her .and perpetrated his hellish and horrible purpose. - v- It is due to say that the very large majority of even those who had been the negro's friends now acquiesce in the final decision of the Supreme Court, and believe the judgment of the lower tribu nal to be just and righteous. It is said that when this last decision of the court was given to the young lady, she simply turned-her head heavenward, and, with a clasp of her hands, said "Thank God! at last!" ' Serine seems to be upon us at last after the long, long winter of rain and spow and wind. The farmers- are Dioutfhinfr. and going ahead trying to help "the silver bill" bring prosperity to the country. v JNO JN amb. False Pretenses. . Albany. N. Y., March 4. Asa L. Chapin, of the late lumber firm of A. L..& W. Chapiu, JNew iorK, ..was brought here yesterday on a charge of nhtainina- 47.000 worth of lumber on false pretenses from B. A. Towner, of this city. .- ; m ' Pecci, the new Fope's name, la pro nounced Patcbee. . ! 7 j . i . oi mat pcopoaeu iuuuum - nesin. which the defences are to be pre- kMJus- Shnr se and the exercise .of this discre Trfy article appeared at the same time of tion cannot be twvipVi fa this the self-defence of the Chief Justice in convt. .- u fy if !t '1 SUPREME COURT. Digest of Opinions of the Su preme Court, January Term, 1878, 78 If. c. Reports. (Beported for the News by Walter Clark Esq.. Attorney at Law.) The following opinions were filed last evening, (4th March.) ; : ; 66. By Smith, C. J. Barringer vs. Allison. Where a. justices's judgment !? '"pt'yed' by a surety, such surety's liability rests not upon contract only but arises, like his principal's, out of the judgement, and the statute of limita tion which bar such liability is therefore seven years. ,.. .-. . .; 57. By Smith, C.J. Slate vs. Dixon. The solicitor is not restricted to the first bill found, but may at any time before entering upon the trial, send another bUbto the grand jury and require th defendant to answer that. Where eerJ era! persons are charged in the same bflL whether they unite' in a common defence, or, as in this case, their defen ces are separate and 5 antagonistic, the j uuurcmu8i regulate the order and mm- -58. By Smith, C.J. Phillips vs. the 2V. O. B. R. Co. I. Common carriers may, by Bpecial contract, bind them selves to convey and deliver goods to points beyond their own line and out side the limits of the State wherein the road lies." -. -i- i II. Where various companies form an association and unite in making a con tinuous line of their respective roads, and collect, either in advance at the place of receiving or at the place of de livery, the freight due for the entire route, subdividing among themselves, the receiving road- becomes responsible for the default of any of the associated companies, and no special contract need be shown. - . ILL Where no such association exists. and no special contract is made, the re ceiving company discharges its dutv bv 1 ..f.l. .: " .. oivlj liuiivcyiiig oyer its own roau ana aeuvering to the next connecting road in the direct and usual line of common carriers towards the point of destina tion. ry. Where there was no such associ ation proven, and the R. R. receipt givi en was as follows : North Carolina Railroad, ) J Raleigh Station, Jan. 31, 1872. f Marfca An Received of A. B., to be 8- laden on the freight cars. ' 1 bale bedding, &c, j . v ; J. F. Phillips, , Monroe, La. 1 Marks, &c, as per margin, which are to be delivered (condition of contents unknown) to - or assigns, at Station, l-- : C. D AgentN. C. R. R. Co. ! And the plaintiff testified that he told the depot agent that he wanted the goods to go to Monroe, La., and offered to prepay the freight to that point, and the agent declined, telling- the plaintiff to pay at Monroe on the bale arriving there. "Meld, There was no evidence of a special oontraot to go to the jury. The conversation with the agent was entire ly "consistent wktTa contract to convey only over its own road, if admissible at all to affect the written contract con tained in the receipt, and the defendant the nan -of .station of delivery being to the oonnectiog road. -e 1 69. By Reads, J." State vs. Monday. Where "A" offers to sell "B" a tract of land, representing that it belonged to him, and that he had a perfect title, free from all encumbrances, and "B" bought the land on such representations and paid fox it, but it turned out that "A" had no title, or an -encumbered one, and that -he iknew it at the time, and intended to cheat and defraud ."B" but of his money, and "B" was defraud ed." Mddj-State vs. Burrows, li Ire. 477, is not in point. The charge here is not of obtaining the land, but to money; by false pretense, and the offense is indict able. A mistake is -not indictable. A pretense is not indictable. -- A false pre tense is not indictable. ' It must be a false pretense, with intent to cheat and defraud,-nd' which does cheat and defraud.- - - .. ' i 60. Bt R&ure, J. State ex. ret. Qomi mi8sion4rt of Wake vs. Magnin. - The ounty Commissioners ex. necessitate have the right to sue upon the bond given joy the county Treasurer '-as treasurer of the county school fund" there being no other provision to enforce a .remedy against it iu favor of the county. --To-; such a suit the present county treasurer is not a necessary party. Where there is a suit on such bond and the only allegation of receiv ing, &c, is "that said county treasurer accounted with the plaintiffs concerning the .monies which had come into his hands as such treasurer and on such ac counting he was found in arrears the sum of, &c," there is no allegation that any of the county school fund came into his hands and a demurrer on that ground must be sustained. An order over ruling a demurrer is appealable. oi. .by jtceade, j . tstate ex ret Commis sioner s of Wake vs. Magnin., Where in a suit against a county Treasurer upon his bond, the complaint does not allege that the defendant was county Treas urer at anytime not covered by the bond which is set out, and it does al lege that he collected the money, "as Treasurer;" a demurrer upon the ground tnat the complaint does not set out that the money was collected during the term covered by the bond will be over ruled, as the complaint substantially al leges it. s;',:. .' ' i . 62. By Keade. J. Lehman vs. Gran tham. A dealer in spirituous liquors must in listing his amount of purchases for taxation under the State law include as part of the cost the amount of TJ. S. Kevenue stamps thereon. The purchase must necessarily be after the stamps are put on and their cost is part of the pur- enase. .fxoperty must always be asses sed for taxation at its improved value. This does not impair the U. S. license or is it a tax upon it. ine U. o. may tax almost everything and therefore to prohibit the State from taxing the same article might be to take away all power of taxing anything from the State, Quere. Whether the cost of transpor tation is to be added in, in listing such purohases. 63. By Rodman, J. State ex. rel. Crawley vs. - WoodfinY'TKo appeal will lie from the refusal of a motion to dis miss an action Or to non-suit a plaintiff. Such .refusal affects ' no substantial right The defences of the defendant are all open to him as they were. If api peals were allowed in such cases, litiga tion would be immensely protracted aud the costs increased. Counsel will hot on such ah appeal be allowed to waive this rule and argue on the merits 64. By Rodman, J. London vs. City of Wilmfngton. It is well settled that a tax payer can maintain an action to re strain the collection of illegal taxes. A city tax levy is illegal if it excludes from valuation and taxation stocks of goods held by merchants on April 1, of that year, and it is no vindication of the legality of the tax levy that the City Government added to the tax on the monthly purchases of merchants more than enough to compensate for the de ficiency caused by such exclusion of a fax on stock of goods in hand. Taxa tion should not only be substantially the same in the result as if , levied ac cording as prescribed by law, but it f shpuld be as nearly identical in form as' it can be. A tax payer is entitled to an injunction against the collection of taxes' if the taxation is not uniform and prop erty liable to taxation has -been pur posely and illegally omitted from the levy, if his case is' otherwise good. Where, however, the complainant has not paid that portion of his tax which is clearly valid, to which no objection is offered by him, and which is clearly distinguishable from the illegal tax, or where the illegal tax can be approxi mately ascertained . from the ' records, the injunction will be denied. : " . ,65. By Rodman ' 1 tree. Where the defendant agreed to deliver ''517 barrels of strained rosin," ? 'strained rosin?, being a grade known the market!, 'that amounts to a war-1 nty . that the article Jb be delivered is that specho description. ! It is a con-ion-precedent and the plaintiff is not unJ. to ' receive, unless the article tnes1 up to- the mark, it is more. After the article is . received and re tained, the plaintiff cap recover for breach of warranty if the article turns out not .to be of that description, . The description amounts to a warranty, orj wnat is equivalent1 ;oo : it. . where the plaintiff has a ch nce to inspect, and in fact does select his number of barrels out of a larger number, it does' not take the case out of the rule.- This was ai waiver of the : warranty, as to the quality of the goods, . but not of the ob ligations, that they should come within that Bpecific description. : 1 " Where goods are - warranted, the vendee is entitled, though he do not re turn them, to the vendor, nor give no tice bf their defective quality, to bring an action for breach ot the warranty. The only effect of the failure, to return the goods, or to notify the. vendor, is to raise. a presumption that the complaint of "their quality is not well founded.. : oo. by xjyndm, j. Jones vssuobinson. Where by a clause of a will the testa tor devised "the 'plantation that my son Qt. now lives on lying in Burke county three hundred and fifty acres to be sold after he gets possession of the plantation that I how live on &c.,"and there being no - punctuation in the clause, the question is whether the tes tator meant that only 350 acres out of the plantation should be sold, or that the plantation estimated to contain 350 acres should be sold, the whole planta tion having been worked for a number of years as one farm,' and consisting in fact of two adjoining tracts, one of 400 acres, the other of 79 acres'."; Held, considering the designation of the num ber of acres as only an alternative de scription of the -plantation; the rule is that where there is in the first place an unambiguous acCd certain description of the thing and-afterwards another de scription whieh fails in ; certainty, the fatter should be rejected. ' The whole plantation should be : sold. : The uncer- t sOnty as to w ht '350 acres of the tract u . .r?. n ..... . will, to another tract as joining "the 35Q acre tract," also aid the court, in placing this construction1 ob "the B clause under consideration. !;: I Mj rns cf f-jvy 67. By Bynitm J. State end Jackson vs. JUaUsby, An action can be main tained by the clerk of the Superior Court in his own name against the sheriff's bond, to collect bills of costs collected by the sheriff; upon executions- but which he failed 'toj?'a over. to the" wit nesses and officers entitled, as "wetf for the'y benefit -of the- -i-et&e ' bene ficiaries .as ifo their clflrk-?; him self. Especially,, is this so, where the names of the witnesses &c., entitled, and the amount due eacn,are set out in the complaint. ' r:' ; ,. ... .: 68.' By 'BYNtrii J . r Wuxenfiiint vs. s Jones et. als, , Where, both- the -plaintiff and. the defendant claim under the same person, it is not competent for either to deny that such -person had title. The defendants may show that they have a better- title, in ..themselves than the plaintiff, but they can not set up a title hi a third person. - VV here, some of tne defendants, who had originally come into possession as tenants of the- plaintiff, attorn to their co-defendant they .are not entitled to. notice to leave before suit brought. in as action lor tne recovery of the possession of land and for damages for its wrongiui detention, the damages are not "restricted to the time of the commencement of the ' action but bhould be assessed up to the trial. The only difference between the aotion of trespass, for mesne profits under the old system, and the present action .un der the Code, is that in the former practice the writ did not lie till the land bad been recovered in an action of eject ment, under the present system, the plaintiff can recover possession ef the land and damages for its wrongful de tention in one and the same action. ' By either system, damages for the deten tion of land are recoverable for the time the plaintiff is kept out of possession. VV here the plaintiff, under a misappre hension ef his rigfcts, directed the ten ants to pay the lent of 1869 to their co-defendant, this was an assignment of the rent for that year, and he caunot reeover it back. Where tenants pay" the rent to their co-defendant, the land lord, the latter is primarily liable to the plaintiff therefor. . : . ... . . . tsa. uy r aircloth, J. uuv or WU- mington vs. Nutt. The act of 1868 C.' U. Jf . sec. 161 requires a Ulerk or the Superior Court to - execute' a bond con ditioned "to account for &nd pay over all monies received, Ac, and to faith fully perform the duties of his office as they now are," or thereafter shall be pre tm'feci by law." The defendant execu ted such bond 31st of Aug., 1869, as Clerk of the Superior Court of New Hanover. The Legislature, by a private act ratified 21st Dec, 1870, made it the duty of the UlerK of Jew Hanover Su perior Court to issue Inspectors' licen ses and i receive the fees therefor. Held. The bond ' is responsible for his failure to pay over the license fees so received. , , 70. By Faircloth, J. State vs. James. The verbal order of a magistrate is not sufficient to authorize an officer to put a defendant in jaiL whether made before or after an examination, and an officer who obeys Such verbal order is liable in an action, for false imprisonment. An officer; after an arrest, may detain a prisoner in custody until a convenient hour for trial, or for other reasonable cause. 71. By faircloth, j. btate vs. Krider, An - indictment for stealing "five fish, the goods of &o." is fatally defeetive if the bill fails to allege that they were "reclaimed, or confined, or dead and valuable for food or other wise." v Such defect can uot be cured by evidence.- Where there are two de fendants .it " Can not be permitted to procure a bill by examining each as a witness against the other, before the grand jury. MEXICAN WAK PEXSIOXS, Speech of Hon. Joseph J. Davis. (From the Congressional Record, March 1.) The House being in Committee of the Whole (on Feb. 27,) and having under consideration the bill (H. R. No. 257) granting . pensions to certain soldiers and sailors of the Mexican and other wars therein named J Mr. Davis of North Carolina, said: - juj", vhairman : it is to me a matter of very great regret that a subject in volving the interest of so large a class of people as this bill affects cannot be considered in this House save in a par tisan aspect. There are so many good reasonswhy.this bilLshould pass- that I would be glad to see it go through this House by a unanimous vote - without any- discussion.- I do not propose to speak now of the obligation under which the Government rests to provide for the comfort, in old age, of those men who in ttmes-tof peril voluuteered their ser vices and subjected themselves to the dangers of the battle-field to preserve and protect the honor of the country. The'discbarge of this obligation alone a debt of gratitude should, it seems to me, prompt every .just and generous man iu this Hall to vote for this bill. And even if we are not influenced by this consideration there is another rea son which addresses itself to all time and is founded in the sympathies of men. I know very well that gratitude has been defined to be a recollection of past favors inspired by an anticipation of favors to come; but I recognize no such narrow definition of this, one of the noblest sentiments of the human heart. . But even with this definition, if we believe that a republic should find its safest and surest support in the vol untary efforts of its citizens, that in all times of trouble the public heart should be the rampart of our libertiesj there is a reason above mere gratitude why this bill should pass. ' : . - - : i i What, Mr. Chairman, is the peculiar characteristic which distinguishes orr institutions from thocie of monarchical governments? In monarchies standing armies are 'necessary; despotisms are supported by standing armies; but that is not the case iu republics. I do not desire to say anything unkind of our standing army. 1 would not utter : one word in disparagement of it. To some extent standing armies are necessary even in republics. Iu our country recognize the necessity of a standing army to guard and protect the forts, and arsenals, and other public property as well as to guard and protect the In dian frontier, but in times of danger and trouble to the Republic we must look to the hearts of the people if we wish to have our institutions remain .as they were founded by our lathers in the love and respect they had for -them. Our volunteer proved equal to all emergen cies inthe'war of 1813 and in the Mex ican: war, -.and we were all witnesses ' of their valor iu the late, war between the States, and I desire to say" that if the , time cMfer shall c-he .whea,qur liberties An t 1 U -l. T.. .. . if the time shall come - when our people shall so lar lose sight ot the tree princi ples . upon which, our institutions are founded as not to care whether they live or perish, then' the time for despot ism win nave arrived and we shall cease to be a free people. I Now, looking at it i n- this aspect, and desiring to inspire and keep alive this spirit, what should be the policy of the Government toward those soldiers who- volunteered their services and risked their lives in defending the country ? It should be an assurance that in old age, when helpless and worn out, they shall not be neglected by their country, oir. we have pension laws which provide to some extent for the soidiers of the war of 1812, and for the invalid and disabled soldiers of the Mexican war, and for the invalid . soldiers of the late war: but these laws are partial in their operation, and to give them just force the repeal of section 4716 of the Revised Statutes is necessary; this bill repeals that section I am for this bill because it says to the soldiers of the war of 1812, "You periled your lives for the nation, and all shall stand side by side so lar as the beneuts of the Government go." I am in favor of saying to the soldiers of the Mexican war. "You all fought in one common cause, and whatever may have been the difference in the Union since then, they are blotted out, they are behind us, they are not now before us or to be consider ed, and we will make no difference be tween those who fought on one side or the other in the late war. : Here follows an admirable argument in support of this view, which for want of space, we are compelled to omit. Ed. News. ".r The gentleman from Ohio f Mr. Garfield the other day took the Jpains-to remind us and he was exceed- inelv kind and generous, as is the gen tleinan irom v ermonu : ana t una it curious to observe that all these men pi otest that all they say and all they do is in a spirit of great kindness and love and reconciliation, and covered bv trie - broadest nanoplv of charity, ISirt I do not like Joab's reconciliation Joab saJa to Amasa, ."Art tnou in health, my brother?" and then, under the cover of a perfidious embrace, he stabbed him to death. I do not like that reconciliation which is constantly reminding southern members that they have been traitors, und charging them witn ail sorts or crimes. Even-a question of contract cannot be discussed without grave charges, and we have, in addition to other charges, heard the gentleman from Michigan characterize all the southern mail contractors, now asmng for pay for carrying mails before the war, as thieves. I have time now only to say if the gentleman knew those people he would at once recognize the injustice of his charge. I Know many ot them and they are as honest as any men in this land. Sir, I want no such insulting utter ances as those when gentlemen come to me and talk of reconciliation, want reconciliation, but 1 want it in fact. I want all these by-gones to be by-gones in name, in deed, in fact, in heart, in action. Why, sir, the gen tleman from Vermont, who spoke the day before yesterday, used this lan guage: ' I am ready to bury the hatchet and let bv-gones be by-gones. It is not my purpose or desire to utter word which can offend the most sen sitive ear or to revive or stir up any feeling of bitterness between the peo pie of the North and the South. ' tv And yet if I ever heard more bitter ness, more venom than pervaded that speecn, i am not aware or it. it does seem to me the gentleman's pen, when he wrote it. was a viper's fang, and his ink the tiger's gall. And yet he talks " or love and letting by-gones be by- ' gones. Why, sir, when 1. ead that, ', for I did not hear all his speech. I .. thought if there was not, in view of -all the hard feelings which pervaded it, a blush upon the gentleman's cheek. , it was because the Mood at his heart was too cold to send out warmth tov' f the surface of the skin. ""- "v-1 I must hasten on, and I desire to Cot- " rect some of the statements made by -. the gentleman from 'VexmontMf.:) . Joyce) the other day. ." Among1 other ; jv. things, he brought ,in the condition, of ;jrj affairs in Louisiana.; J. ow, if his argu- t ment has any force at all, it is this:. ( you all engaged in rebellion; you, were all guilty of treason, and we navecon---,, doned your treason. Anderson, Wells, j; or any other villains who desire to do . so, may forge and perjure themselves just as much as they please, and you must not say anything about it, because t we have overlooked your rebellion and-" - pardoned your sins, i-v wot une of these parties is a -man of - whom General Sheridan said that he "? had not an honest man among his friends. Now, is it not rather grange that men like these have So many ., friends upon this floor ? "' " ' ..." 'ine gentleman from Vermont said, in speaking of Louisiana, that no Re- , : publican speaker could go down 'and,' organize Republican clubs in that State or make Republican speeches without disturbance and danger, and that there " was not a htate south of ; Virginia where a republican could do that with- . out molestation.' I desire to say. to 'the. ; gentleman from Vermont that when he states these things as facts he states : them in passion and in utter ignorance of the truth. I say to him if he will come down to North Carolina he will be heard all over the State if he desires , ".' it; but if he shall make .the' sam. . speech down there that he made hertf the other day, alt the Republicans, white and black, would think that he was crazy. Laughter. 7 'i"v-ZT t he two candidates for governor last u. election canvassed the, state of North '. Caroliua side by side on the same stump, from the mountains to the seaside. In -i the canvas of 1874 1 and the republietju. caudidate opposed to me cauvaBiied tuo.;.j whole district together, in djw.o mj r. competitor, an internal-reveniiotoliear:i tor ot the Jb ederal Ooverpwtjntj wifib.atr a the patronage of the Federal Gotenn- ;.t raont to help him, and myshlf spoke: on i the same day throughout the canvass, to ' white and black, democrats and repub-. licans, and there was i no disturbance. And when the gentleman from Vermont ' ' says that the republicans cannot orcan- . ize down there or make republican speeches he speaks in utter ignorance, ; and 1 can assure- him that he was mis- -' taken in what he said; Now one word more. I desire this ' bill to pass, and I appeal to every man who has a heart in his bosom and who ' does uot desire to keep up strife, to help : break down the barriers which the gen- v tleman from Vermont says he desires to -1 keep up forever and to transmit to his ' children. " " , . I would rather be the humblest soldier, and totter into iuygrnVe poor and help- . less, than to por-ios the heart of tUe man so relentless and o mali-ma-"; as - the nation in the war ot IS 12, tne second -war for independence,' "Stand aside, thou unclean thing, thou rebel; none of the . benefits of this Government shall be thine." - " The bitter words "rebel" and "trai tor" seem to be sweet morsels rolled , under the' 'tongues of gentlemen on the other side of the House,' who seem to be laboring under the-iwild idea that the people of the "South are going to get control of this Govern- ment. I say to men of the NortM and West that they do themselves tfreat injustice when they assume that we of the South aspire to control , this . Government. They say we did CQiItrolr the Government from the foundation.''-' down to I860.' But that is not true ;' ; we never had a majority, and now. wo : only amount to one-fifth of the popu lation. Why will you insult your- ' selves by such implication or degrade s yourselves by saying that a pitiful minority of one-fifth are about to fix manacles on your t limbs. The gentle man from Vermont says tnat we are forging political fetters for their limbs, and, like all the other assumptions he has made, it has no, foundation except , in his visionary brain and distempered , mind, Whaf nprtrsln of the Rrtnth fvf at tempted to interfere withthfe affairs of the people of the West'Of North, or to exercise control in the ttdrninistra- tion Jof their law;s? I defy them to : show anything of the kipd, and I say to them: "Do not be uneasy; your fears are groundless. All we have asked for since or before reconstruction is that' we shall be allowed under the Constitution to manage" our own af-, fairs; that' is all we ask for now." i Hon. Thos'. 8. Ashe. (Eockyko'unt Mall) When, in ouX issue of 8th inst., we mentioned thfename of .Mf. Ashe as a suitable man to be placed - on the presi dential ticket "of ,1880,'w .were influ enced to do so.mcire to ihowiour appro- -ciation of the man than otherwise. ) Since then we notice that?: the Wades boi o' Argus and Wioa 'Advance make favorable mention of his name in con-1 nection with the nomination upon our t ticket forgone of the. Supreme Court Judges. Their suggestions , are emi nently wise. There , ha been no name mentioned in connection with the high; and responsible place of Supreme Court Judge that would in our opinion add -so much strength and dignity .to our I ticket for Judges -to fill the Supreme Court bench as the name of Thos. S.: Ashe. M',';"-iV A Fact Worthy of Note Is that the National Hotel is the. most desirable place in the city of Ral eigh at which a traveler can stop, what ever his avocation in lifemay.be. The drinking water is by far superior to any; in the city. .. The' xpoms i,are. all nicely; furnished and well ventilated. . The ta ble is always filled with' the, best the market affords, and prepared by a cook of twenty years experience. The Stew ard, Mr. Powers, of New York, hasn't hisjuperior in the State. TLe terms are only $2.00 per day and the proprie tor is always willing , to make special rates. All I want is a trial and 1 will insure satisfaction. C. D. Osbokn, Proprietor. ' ' . i ' . For Beat. , j v.'t ; A neat cottage with - four rooms and kitcheni Apply to Mrs. L. S. Perry. ' -"'. " ' ma2-3t- "- . :-? J ,i'V