Newspapers / The News & Observer … / March 14, 1879, edition 1 / Page 1
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I HE' RAL News EIGH -( u xv-xo Gf REDUCTION IN PRICK OK LEA & PERRINS ;intarf on every bottle. WORCESTERSHIRE SAUCE, - mo'tlfUf'ouiHilfiD 1 zettto XXTItaCT of a lkttm from a M h. l I A L UKTUMiN I Madras to M iioii-er at Kl KTKR, -if t. I.ia rx ki inai thir .r .- hltftUy rtvnf4 to 1 u d and I-. In mv o(tni-D. tbe mont PwiaiaM - well t (ht not , e SC. ...ome auce that I made." v i used throughout the world. lR- ANT T URHTH KlNl ', VarMi lhU4Vitt ' x rOTIUS v.T4 m. ACNTS FOR I.i: a- PERIUNS. Hs- and 1 Cat" Mr mari4-ly -.IS tie tlire-t je oni! I it-. ' -i ui .i- i t - v ' li ll . i a ! b u.tutt ill If f AVor li - v. u: . ..:.! o1" of i h i-ra-. . i ii. I r itt- U.ii kh:i 'n . i -i - ! i wt-un- ill ir . .n . i - i I. I ti- 1 1 rre rl i : ' li i if i'-i-Tit i' l' jh. r-iii- v.- i,.ubt Ir .-- . ii. tiirr-ul tb r j ut .c..l i i I ti I ir . A.d. a .. Kt: .1 t-'n ("oklrf. 'a. ...... !.;. p.-( I.I i ivyk -dm- . r o ! it rm. , i'iU-?, i. i .i' .r .-I f n r n i i.ii '.I .:-iiipi u. Ih cures o.' I Hani -id. Vy "ttnn.l hrre by th rr-iAr X- . i. fi'ii:') iijii,r p-o,;' It i tc I ! a II I rltrul-at t'oilc. ' . i - -i- ru.c. t -ut r. il.:!lt!y ap rat, . ; . .tu --a i B. r. Woo)fJ, PE.NtioDl, vU'il te T er I ifTreJ 'r un rjs r"l i. tu t b ti;t- rriu.iT. I ije :!i'tni At f minf I ro j .1 " t aciv . inii us I-. 1 a tit nrf I in i ii- 1 t. thi mcut m f dai ( hlih J,n !cucwif Ihtfliu fr tit-lt r u -r. I h -.- ku a it Ai.y idcc io .- lirie.t t II uf. P. t n- brt W. Watt. ue 1 tb mtitur- lo A. M.. Va. nr f irrl v for r..i ti tk n : -' n ip-.i i i-h i hAit-t el m life. an. I a f tttojt iiut I h .. -t . I !..' h r j iT- r t u It tl hA u.' Ui'ihjii tolc ni f - r knf P ( i-m: . .f frotn pvv . - l.u.rH.riu li ii iu v jlaiMr I . Va p-1y . ad. I ! ltli A t . !..!y Tiiuib r r-r . . uu t y .- i .si n j i. i r ., :u in pr. tier. .- a ' rn.i r rf in I t I the e niilluti fr ) ii a i -tioi.. i u- it and IIU ; r V.: ::moi,4tiiil'tUD AdT x itt. ni-Jj : tf Ir In. I bv n - :-u CU l fn(0lf;j t if. It e01 . i . ami etc iu"or tin I I ir.,fn' ale tt k-i t b tlie AMta ij iie --trau:! i .et. - . i t r N t ?td b 1I drug -lu Ilil-ifh. by l. ljt-c X Cut, au 1 il iam A ETajmo-!. ; if si'i.t. of- i rv .n A KU. 11 K t' L hTH t.KAM "rt t.i IluN. Ua.-v l. A. NKW lilt- IUlut. A I'Ki L. s.tl 2 .o-b J ITAlB . l ira State Lottery Company. '. l -.'-I utuu wu rru!arly loorporatd ii(is.-iur of Lbe mim, for tdaca- -u c&Arilabt aux po. tu lA "Tul IrfctVll Wul. I" whlc :ti iiTI' Ut fllh ol lb !t - ! i h a capUAlef L,u.v.J, to wbieb A44ed a rvavrve fund of S3uQ.im. '"- ! inK'.e numNr oHtrtbutloo will . fu u.tb.y uo thf aecoud Tuesday, r v ,.r i--tpv.ue. Look at ta I-(i ItiUt. a . II ITIL 1'ltlZt-'. V3O.000. - r I-A . 1 Wo IXJLLAK-H EACH ULI-ll- KKl!", ONE 1MJLLAK. ur or- ruiZr-s. J r.f J0.l0 ... I t u- Im. . Vt-.l- 5 i i f iJ I. 6.UU ? . .t i St i- . ..: K-.IM- ' " "f ii llUJU - . f 5.' l,ti ' j - .i a i,i f W KJ ii I'rii.- if X... ...t..i IIKIul JU'... niUwtt I'l i of '... m - iiiftn to llu ritsui luC Met.1. wilted fir j.i.... to a buiu a liber. - la it- l Aid- :. . r u.ei to tlub- should nl) i ti. iin- OUici New urleaua. -r. j lull Addrr, lor fir- ' ' .-.. i . .. uf a-Dl oruers t. M. A. DAUPHIN, ' Hot New inleAOA. IjOUlalAOA. r ' r Aa l KttrAordlAATT lrwlnf tare - e jffTilo aud naof eaieut of .ILA i baAUufcuAbU AOd A- URot . marlA-lw EDWARD T. n"'NKY AND CLARK. COCNSELLER AT LAW, HALIFAX, ., iLEcritic MFLT. '-nirf for nrou debility. i-rma-'tniit..,B. t r.iaooly rel '"4 'UdiHf ibaU-hI fr. Aadrraa f 4CuAiaau St. N. T. ' ;.: .: . tr'.i-rn M'th. i- :.rit'i r ilv-- o'lndico-tlon. - . . . ti ; i :ni t--ti- CcUl i e u!t.. r. ". in. r ( f: v.., n ;. - . i : i tU ; l r.vti In nii ' : r . '--r me. DAILY N 3fl VV S. FRIDAY, MA KC II 14. 1879 Weather I'robabllf tie. Washihutoji. D. C, March 13. ror ue 8mth Atlantic state, south- - j wt-ie ly i(.as partly thtro4 I ling burom-tr. cloudy Index to new AavfrtUfuifnlM. Far aw "ad" see top of ibis pa?e. J li it Lewis & to. -Local notice. LEa A Perkins Great reduction. IJvsrtpiA Vest Pocket Cure. M. A. Dai thin L t. l. "kix.-s.wkil v kino Lcal notice. u. u. Andrews & Co. Local notice. Taylor Jk Co liava.ua Lottery. - ... i LOCAL 11 It IK f7T!t5TeUUe colctiona yesterday luS3.20. nu Dappier "pring time tU Ur UJUCUUJ Ui0 ifFaL -n tree in tne Capitol park "wii on corerea with rich green foliage. -Mr. T. B. II j man, one of Golds boroa enterpnaiotr mercbauU, paid us a hurtled Tiit last night. The flag of truce used by tht Federals at tne capi ulation of John atou's army la in the poaseuion of a lady living at MorriiTille. Convicts were brought in yester day fr ni Mecklenburg and Currituck, iwo ironi tue former aud one from the latter. The Tiajs. wee-k'y paper, w--.il a lie pub. ican tri- oon le published in tLid city. A. M. Hetts and V. B. Morgan re on yesterday appointed justices oi the t'eacu for White Oak townehip by Judge L'pchuich to fill vacinoits. The He form Legis'ature ba saved the tax pay er of the S ato tlTj.Oi'O. And u wim'l a d dav for reforming eitbfr. " ' H. IJ. Andrews leaves for New York to-day to fl. ih bujing the spiiug stock fortbetirm. wbich. when cm' p'.eie, wll be the lai st and hand-sK-niest st.ck iT.-f brought ti the city Serious ind;spoit ion ci'mpell d Mr. Beriy. -f Burke, to leave the ci'y N-lore the dj uttuiK-nt ol the Li!-l:i-lure. Mr. l?e;iy has ser ved h is ye pie fa.lhfuliy Ana zt-l'.us y. Iu th "Sews notice of the tirtn of Petty i. Joiih the printer ct M.jor Yi ariran's nne Yerby. So urnvn ally known at d eteeld is the gentle man h;t a coriecli-n is hardly ueces 8Ary. The mo. e peop'e read about health resorts, and the more they try them, the mare lirmly are they cou inoed that, cenerally be t sanitarium is p:aking, the Hume, sweet bonif" Attorney General K -nan decides thai the resident Judge must till vac.n ciffc wcuring in the ollice of Supeiior C'urt t'ierk. aud not tbe riduisf Judg-. The ctint-fp itMleuce between Judg-? Buxton and the Attorney General is published elsewhere. L'en Pail Hawkins is in the tity. Manning, iHnvlle News. pasned In th thri uIi yesterday. He SAitl: a priu if time you'ijf men's thoughts turn t l ivr.; ju he the gay L t'iari w-ut to Halifax Hkv f.n t i: S El 7. f K es. D.-pu ty ( 1 1 ec tor VV oiuble came in yesterday from a trip to Orauee county, where he seized a wag-"n loaded with two barrels of unstamped whiskey belonging to Clio ton Cheek, and one illicit distillery belonging to Taylor Dawson. Sitrkme Cot RT The morning ses sion on Wednesday was consumed in the argument of the ce of T. R. War ing ft la. ts J. V. Wadsworth et als., from Mecklenburg; Shipp & Buley, .looes v- Johnston and Hinsdale & D-vereux fir the the plaintiff, and C. Dowd for defendsnt. Pending the ar kfum en . Court adjonrned nnt'l to day at 10 o'clock. Commissioner Polk's Work The Msnual of N. C." by L. I. Polk, s peon ally conceded lo be a valuable ad dition to the history of ihe State, and compliments have Wn paid its author no all sides. It is worthy of mention to state io this connection, that tbe whole work of .T-'O page was com piled, edited and published within ninety days from tbe time it was deci ded by the B ard of Agriculture to au thon3 its publication. Cure For I)YririA.-Tbe attention of our iederss' called totheadvert e roeot for the Vest Pocket Cure for Dyspepsia in another column. The or gan of the Baptists of the South pks of it a follows: It i end vsed by the direct personal testimony of men of national fame and of striCnesi of speech. It i not too much to sav that no medicine ever hd such -upoort in its favor as a spe cific. Th word of any one of the emirent divi les who underwrite this antlhtt to dypepia has deserved wet(ht. Their uriitei witness jo ncl with the ex periinenlat use and nppro val of he pr- parati n by well-known physicians, remyves all doubt. It is, beyor.d question, a wonderful thera peutical gent. Kd.tors Heliiou Uerall, Va. Mfjsrs. Petty & Jones. It is r pleasure t see th announcement that the sfTiirs of this old and ftv trite firm have been so well managed during the past six mouths. The conduct of their business bas given general satis faction and brought much custom to the bouse under iu new management. The public are quick to And out and patronize a bouse, where a well selec ted stock is always kept, where low prices ptvail, and where politeness and attention are unsparingly bestow ed. Tbe credit is done in the name of Maj. Yearwan who has been io chsrg of tbe business since last summer ; be ia a financier of ability, a well informed and competent busineai man, who has made a success of the bog n-a he took in chrge notwith-txnding the numer ous oblacles he bad ty encounter. 1 h-4 public are invited to rend their an nouncement in this morning's paper. RALEIGH N. O. Currency for the Treasury. A d umoi' r' lice use u issud yesterday to Wabinctoo, laylor & Co., Norfolk; eauingron oc Alien, uuarlotte; rVrry & Co., Albany, N. F.; Patterson, Bay- ner t to., Baltimore; J. A. lancer, Richmond, and Turcell, Ladd & Co.. iticnmona. On and after to-day the license tax on drummers will be $100 instead of $50, as heretofore. Treasurer Worth save the tax leried for the State deb', will be more than adequat e to pay the interest on the new bonds. I be first payment will be in 1831. and "we w:ll start with the ac cumulated tax o of two years." It is his opinion that all the bond holders witl accept the compromise. A rPOlNTMhNTS BY TUE GOVERNOR The following appointments made by tne uovei nr were yesterday confirmed bf the Seuate. 3 ate Board of Internal Improvements: (Jol. Wm. Johnston! CLiirlottr; C. M. Cooke, Eq., Louis- burg. Directors of the W. N. C. H. It. Co.: m. r. icooerts. uatea countv: W. T. D rrch. Wayne; V. V. Richard son. U -lumbua: It. tl. Rattle. Jr.. Wake: J. I. Scales.- s3nilford: Dr. A. M. Powell, -Catawba; Hon. F. E. Sho- her, Rowan; T. I). Bryson. Macoa: The. F. Davidson, Buncombe. Trustees Institution Deaf and Dumb and the Blind: Mai. It S. Tucker. Dr. T. D. Hogg. J. J. Liuhford. J. M. Betts, Chas. D. Heal tt, L. D. btephen- sjn. SurREME Court. Court onrel at 10 o'clock yesurday morjiu;; a!l the Justices present. Appeals at the end of the docket were aAiii taken up and the foil wing caases disposod of as stated below: S. A. Nowland et al vs W. J. Black. et als. from Mi-ckleoburir: areued bv Wilson A S. n for Lho plaintiffs, aud W. H. liAtJt-y, of Suipp or Bilay, an! John Devereux, Jr., lor tue defendants. Stenh jiise & McOauley vs M. L Da vi. adiiii'istrati-. ec. als, lrm Meck leubur; called and continued by con tent of i ai t:es. J. L. Caldw.ll v-.T. S. Net-ly, from Mecklenbuig; called and couuuuod by c.inst-nt f rar.ies. W. 11. S mp jn, administrator; vs. It ;bTt Simpso:i, et als, liom Uulon; argued by Wilsn oX Son for the plait t i ft. aud W. 11. B iiley, of Sliipp & Bailey, for the deteu lautr. W. W. Mi-Ca less vs li. W. Rey nolds, fioni D.ividso i; cilied and coj tinuid. Jacobb L"pp, executor, Lout; el a's, liom Davids n; levivo judgment. Di-c;ee- vs Jacob Motion to filed dis- miHAiug in ij it .n. N. A. Boyden vs Ilichmoud Pearson, Exee-utor. Iroin Saris; in iion by dej lendant to d-s-nisH il e a;pal; motioa allowed. W. H. Lauey lor the plain tiif, aud D. G. Fowio for the defen dant. S:ae vs Hoke C ec e t, from Mc Dowell; argued by the Attorney Gen- eral f r the State, aud It -ade, Busbee it B is".ee for the defendant. .C 'iirt adjourni-d uutil 10 o'clock this (Kiiday) morning. ol. J. I. Men lea. Senate Chamber. Raleigh, N.C., March i:', '7. Coi.. Walter Ci.rk, Dear Sir : 1 den.rj to ca'l your at tention to the cletr intimation of your card of yest-rd. y that I, as President pro tern of i h- innate, had appointed the committee of investigation -relet red to with a view of having injustice done to you. This charge greatly sin prised me aud does mj very grave injustice. " I appointed honorable and upright gen tlemen, upon tbe spar ol" tho moment, without previous onsjitttion and without tUiukiu? for a moment of their farmer position on any question ; and certainly with uy such design as you impute to me. Respectfully, yours etc. J. I. Scales. Raleigh, N. C, March 13.h, 1879. Col J. I fcCAi.Es, Dear Sir: I am clad to receive your hour a nee that your appointment of the committee referred to was made w tbiU', any intention of having in justice done me. Lpon your state ment, and 1 am satisfied that you would make no statement tht is not entirely i rue, I cheerfully acquit you of intsu- liuual wrong in the premiats, Respectfully, yours Jca., Walter Clark. Inuportaut Legal Oainioa, A question betweea Residtnt and Riding Judges decided by Attorney General Kanan. Greensboro, March 4;h 1S79. Col. Tlios. . Kenan, Attorney Gen eral of N. C. Dear Sir: At the request of his Honjrv Judge Iverr, I address you this no e, asking you i j construe tor us. the proviouu of the oousutution re lating to the supplying or vacancies in the othce of Cieik of the Superior Court. Who is to appoint the successor, the Judge residing in this District, or the Judge tiding this Didric? I have reasjn to believe that your adjud catio i of this question will re lieve the J i igs ol tue embAirnssmeut of a contlio . of views, and lurnish a rule r lutuie guidance. V.th-xny gieat reepects, Yoar fiieno and servant, ItALru P. Buxton. Ait RNEY ( EN ERAfS OFFICE ItAJ.si mi, Jlaicn C.h 1870. JCDC.E BUXH N, DearSiu: Your letter written at the iequesi ol Judge Kerr, and asking me to construe iLe p ovii-iou iu ih oonstilu ion relating to liiliug vacanoit s in the office of S.ipenor Court Cierk, has been received. The question you i-u bruit, is, "hethr tiie Judge re sidicg in -hi district, or the Jdde titling ihe district has tne power to supply the vacaucj?" Tue cocstitutioii of 1868 provided that in case the office of Cleik became vacant otherwi-e than by expiration of the term, and in case of a failure by the people to elect, the Judge of the Superior Court for' the county shall appoint to fill the vacancy uutil an eleottou can be regularly had, art. iv, sec. 33. The judges were then as now elected for, and required to re side in certain d siriota, and were per mitted, wrh the cousent of tbe Gov erno , to exchange districts with each other. True, it was decided that in the event of an exchange, tbe substi tuted judge became the judge of the district for certam purposes, but re tained other powers belouging to him as judre of his own district. Bear v. Cohen. 6 N. C 511 ; Howea v. llau ney, 6(5 N. C, 218. These cases in vol ved points of practice in respect of injunctions and attachments, and the FRIDAY MOUSING MARCH 14. 1879 question of the power to fill a vacancy in the office pf oierk was n.t presented and iu no win coaaideied. I think the resident judge had the power to appoint to such vacancy, and strength is added to this view in the fact, that in case of a failure of a clerk to give bond and. qualify according to law, the legislature requires the chair man of tbe comjoiiKsioners of the cou ny to immediately inform the judge of the district thereof, who thereupon declares the vacancy ana nils the same. Bat. Rev, cbi II, Sec 140. The statute manifestly 'directs the notice to be seut to such judge because as it must be as sumed, the law makers b lieved that the conatitution lodged tha power o appointment in him, to fill vacancies un der tho section above cited. Now has the resident judge the same power under the amended consti tution, which contains a similar pro vision, aud in the same words ? Art. iv. sec. 29. ' Tbe act requiring tbe judges to hold the courts in the different districts succsestlvely does not expressly or. by reference attempt t rttyukexAW interfere with the power, or i -b competent to do so, though their juri.-diction has been defined in the matter of appointing receivers, granting injunctions, &c. Acts 1876-7, en. 223. A judge on the circuit and holding the courts of the dfferent dis tricts lor the purpose of trying causes, is still tbe judge of the district fjr which ho was chosen ; and as such, he is tbe judfc.e of the Superior Court of a c unty iu his district for tbe purptse of ex rcising the power ot appoint ment t fill a vacaucy in tbe office of clerk of such couit. Therefore my opinion is that the judge residing in the district, has the power under the present, as 1 think he did under the constitution of 1868, to fill such vacancy. Very Respectful y, c, Thos. S. Kenan, Auy. Gen'l, OUR LAW MAKERS. SENATE. Thursday, March 13, 1871A The Senate got to woik promptly at 10 o'clock. President Robinson in the C-ia r. QUESTION OK TER DIEM. Mr. Davidson introduced a resolution to interpret the number of day 6 mem bers of the Assembly were entitled to draw per diem for. The question was whether it was sixty or fifty-seven davs. Mr. Mebane said it was too late to seek a construction of the law after most of the menibeis had put the per diem in their Dockets The custom hnel ever beeu to charge lor Sundays, buttuisa who had conscieutious sciu pit s in the matter could charge only fir riltv-seveu days. He moved the reso lution be tabled, and it was tabled. WITNESSES IN THE SWErSON TRIAL. Oa motion of Mr. Nicholson, the vote was reconsidered by which the resolution in favor of the witnesses in the Swepson pro;-ecution was defeated vesteiday. Ho voted list night UDder a mis ipprehension against the resolu tion, but now favored its adoption. A message vat received frjni the Governor stating that improitant wit ueas were required, living iu Buncombe county, and counties west of that point," who were unable to pay the necessary expenses to aud from Ital eigh, and that if not relieved by the State's paying their expenses the trial would lean It in nothing. Mr. Do;tch moved to ameDd the res olution by providing that such wit nesses Ball be required to transfer their tickets to the S"a.te Treasurer to secure the reimbursements of the sums advanced. Mr. Nicholson said this amendment would fully secure the State in the event of conviction or otherwise. Mr. Caldwell, with this amendment, said he would vote for the resolution. Mr. Austin was now Batibfied with the resolution. Mr. Erwiu had voted last night against tha resolution, but it was not to be understood that he was then op posed to the piosecuti-jn of Swepson. tie merely meant that he was opposed to making a deduction between Swepson and any other criminal. The resolution was then ad jpted. TUE FISH RILL. The bill to prevent obstruction to the passage of fish in the several h reams in tbe State, and to provide for fit-h ways, was taken up. A large number of amendmants weie offered, proposing to exempt cer tain rivers from its operation. The Senate, however, had determined to fish a free passage to all cur head wa ters, and voted against all these amendments. Mr. Williamson urged the passage of the bill. Fish was said to be tbe great sustaining power of the brain and was essential to those oppressed with mental labor. ' Mr. Scales thought "whaling" doses would be required in some quartets. Mr. S. had certainly puiloineda por lion of Mr. Williamson's thunder t) help lim to 1 his flush, for that Sen ator turned upon him a withering gaze, which seemed to say that if he, Mr. S. "cud" do no better than that with it he "shad" have left it alone. Mr. Mebane lived upon tbe lonely Dan, between which and the s;a there were no obstructions; yet from' some cause or other the fish never vi&ired him. He moved to amend by pro viding that the fish be req-iested and rrquued to visit those Fpitkling waters. As for the stream Mr. Williamson lived on, there wss no use in making a fuse about the matter, as it was too small to contain fish. Mr, Williamson thought this the mofet unkindest cut of all, in view of the fact that his striam had been feed ing Mr. Mebane's Dan from the ear lie st, days of its existence. Some Senator spoke of the efforts of the Governors of South Carolina and North Carolina to tettle the fish, ques tion ou the southern borders of our State. Mr. Red wine demanded to know what was said by the Governor of Souvh Carolina to the Governor of Noith Carolina. Several Senators appeared to think it was, and stepped out of the chamber to see a friend. And then the bill passed, pretty much as it came from tbe House. SOLICITORS AND GRAND JURIES. The bill to make it lawful for solici tors to appear before grand juries when requested to do so by tbe juries, was taken up. Xbe purpose of the bill was tol.'gazaa custom which had loDg prevailed up to the time of a recent decis on of the Sopreme Court, and wbich still prevailed to some extent, that decision to the contrary notwith- standing. The practice had been found convenient and saved the time of the courts in having the whole jury .to come before the Judge for instruction oa points of law. The bill passed by a vote of 23 to 7. LIABILITIES AND SURETIES. The bill to amend sec. 31r code of civil procedure, being sjc 31, chap. 17, of Battle's Revisal, was put upon its passage. The objection of the bill was to put the principal and sureties on a footiug as to the time of tbe liability. The bill failed to pans. Mr. Caldwell moved to recousider the vote by which the supplemeuta' bill to the act concerning the Cape Fear acd lauitin valley rtmlroaa. Kuied out of order; a similar motion having been laid ou the table last night. CALENDAR. The following bills and reso'utions passed their final readings: in U to amend the charter of the town of Chapel Hill. To facilitate navigation in the streams of the State. To prevent the use of drag; nets in the waters of New River. To establish the dividing line be tween Beaufort and Martin. To prevent obstructions in Angola and Shettee creek, Pender county. io entitle constables of towns and cities to serve process. lo establish the dividing line b3 tween Cateret and Pamlico and be tween Carteret and Craven. This bill was tabled. To authorize the county of Person to subscribe to the Roxboro and Railroad. To prevent the destruction of black fish in White Marsh, Columbus county lo incorporate the Rocky Mount Be nevolent Aid Society. To incorporate Lutheran Chanel. Rowan county. To establish a Board of Commh-sioa-ers for Trent River. To authorize the Commissioners of Ciaven couuty to work prisoneis sen tenced to tha Penitentiary for less than one year. To regulate fishing in certain streams in Johnston and Harnett counties. To incorporate the Historical and Scientific Society of Wilmiugtou. To farm out convicts to the Roxboro Narr.-w Gauge Riihoal. Kesclu'..on of introduction to our rep. . scutatives in Congress to aid iu uU appropriation to deepen and widen I "jo i ivers aud sounds of Eastern North Carolina. To establish the Board of Njw'uern Harbor Commissioners. To amend chap. 19, private la;es of 1874-"75. To prevent the felling of timbr in Cig Fishing Cieek, Warren county. To provide for submitting tha con stitutional amendment in reference to the Deaf aud Dumb and the Blind and tbe Iutane, to a ote of the peop'e. To iico'porate tbe North Carolina Border UnLoad Oomptuy. To protect the fishing interests of the State. For the protection of keepers of tav erns and inus. To amend the charter of the town of Pittsbo.-o. Tue calender beiug exhausted, the Senate at l:to took a recess till j o ClOCK. Mr. Williamson, having no desire to 6teal anyone's thunder, disclaims the parentage of the Insurance bill, dis- cus?ed on luesday n ght. It was a House bill. HOUSE OF REPRESENTATIVE-. Thursday, Marah 13, 1879. Mr. Speaker Moring called the House to order aud Rev. W. C. Norman, of the Person Street Methodist Church, crfered a prayer. CALENDAR. Bill to amend the law relative to the printing of the public laws, passed. Uill to allow the Governor to have the affairs of any railway in which the State has an interest invested by a member of the Board of Internal Im provements, passed. liill to prevent thedestructi u of hsb in wnue Marsh, uoiunious county, passed. lim to change the boundary line be tween the counties of Ashe and Wilkes, passed. Hesolution providing for tbe index ing of the Journals ef this Assembly, passed. Bill for the protection of fish in liuck Cree-k, McDowell county, passed. Bill to farm out convicts to tbe Rox boro Nariow Guage Railroad, passed. Bill to make services upon infants, idiots and lunatics in civil actions, as valid as if personally served, provided that such proceedings were delended by the gmdians ad litem, pas ed. Bill to protect the fish in e rests by brbidding the placing of obstructions in numbers of the rivers of this State, and providing for the erection of fish" ways at all the dams on such named streams, passed its final read ng. Hill to allow the drainage of a d&m WW 1 . 1- on liaw river, oy certain iownsnip, and allow the levy of a special tax, parsed its final reading. CONTESTED ELECTION. Mr. Norinenc moved to take up o iesolution in regard to the conteste election in Bertie county, upon which s me debate ensued as to the propriety f acting on the matter before the Ju diciary Committee, Mr. Cobb said it was not proper to so take it from the committee, while Mr Norinent desired it to bs asfced on. The resolution was then taken up. It reads as fedlows: Resolved, by the House of Ripre-en tatives, that Augustus Robb ns, of the county of Bertie, is entitled to the feat now occupied by W. C. Etheridge, and that the sitting member, VV . C. hih:r- dge, is n-t entitled to his ?eat. Mr. Cobb d -nied, na'ly, that the committee had improperly delay d the presentation ot the papais in tliin case, and said that they had acted as prompt ly as was possible. It was at this stage of the proceed ings suggested that there would be sesbion this eveniug, aud Mr. Blocker rose and withdrew his motion request ing thecommittee to report at 8o'c ock. Mr. Clatke moved tint the com mit ee be instructed to report at 2 o'clock, aud not be allowed to leave the House u til that hour. Upon this he called the ajes and najs, when the motion was a lo ted. Messrs. Cobb and M- ore, of tbe com mittee on privileges and elections, here resigned their positions, aod some de bate ensued upon their right to do so, but it was ruled that they had such right. A question here rose whether the committee having resigned, the House should take up the matteis which were in 'he committee's hands, but it was dec did that it could not do so. Mr. Bird moved to reconsider a vots by wtrch a bill allowing the people of lender8onville and other townships in Henderson county was tabled yester day. Much discussion fol'owed the motion. The intent of the bill is to repeal the present prohibition law and allow the people to vote upon the ques tion. The vote was reconsidered, and the bill failed to pass for want of a quorum. Mr. Cooke introduced an amendment to he act in relation to the support of thedeaf-mutes, blind and insane, so as to submit the constitutional amend ment to tbe qualified voters of the State, which passed its readiugs. Bill to allow Leaksville and other townships in Rockingham county to subscribe to the capital stock of a rail way, passed i s final reading. Bill to providu for the engravings of the new bonds to be issued by the State, under tha act to adjust, and ex change the bonds of tbe N. C. R. It., passed. Bill to prevent th! fe-lling of timber o B!g Fishing Creek, Warren county, passed. 4W1 to authorize the ' Con. mis doners of Brucswick to levy a special tax! passed its final reading. Bill to change the time of holding the Superior Courts in Buncombe county, passed its readings. It makes unim portant changes. Bill defining the legal meaning of the word "inebriate'4' and providing that for such the Probate Court may ap point a guardian, as in the case of or phans, etc., such guardians to have contrel of the affairs of such inebriates UDtil such time as the latter shall be adjudged rocovered from their ma lady. , Mr. Lockhart favoreel the bill, as in a spirit f humanity, as there ma-iy men who become habitual drunkards and waste their whoH estates in drunk en sprees. In is right that such care could be bad for the protection of his family Such druokards, too, are lia ble to be cheated and duped at any time. This bill provides . that in such cases the friends of such inebriates may apply for such care for .hem. Mr. L-?wi8 opposed the bill. His ex perience in the courts led him to con sider the bill a dangerous one, and one which might easily be a source o danger, fraud a id litigation, arousing ail manner ot feuds. Mr. Taylor saw no daneer in the bill but rather thought it a judicions one The bill then pissed its readings. The Committee on Privileges and Elcc ions submit'ed a rep rt in tht contested election case of Etheridge vs R -bbins, from Bertie cowuty, with the evidence. Mr. Richardson, of Co'umbus, moved to pot-tpoue the consideration of th matter until n. m . on which the yeas ar.d nays were called, when the House refused to postpone by a vote ol yeas 2y, nays 62. Mr. Itichaiidson then movol to ad journ until toemorrow raornitig at 10 a m. Lpon this tne yeas and nays were called, when the Houe adjourned. An Act niHte Debt. to Compromise, aud Settle the Corn- Mate Section 1 Tht Gcncrol As?mhly of jyorth Carolina do entict, lhnt when any peison or persons holding and owning any bond or bonds of the State of Nerth Carolina, issued in pursuance of any act ot Assembly, parsed at any time bef'oie the twentieth day of May, 1861, exclusive of bonds issued for the construction of tbe North Carolina Railroad, or in pursuance of the act of the General Assembly, passed at its session of 1865. it being chapter three of the laws of lbuo, or in pursuance ol an act paesed by the General Assembly at its session in 1867, it being chapter fifty-six of the laws ot 1867, or in pur suance of an act entitled ' an act to provide for the payment of tbe State debt contracted before the war.'' rati fied on the tenth day of March, 1866, or in pursuance of an act entitled "an act to provide for the funding of tbe matured interest on the public debt." ratified the tenth day of August, A. D 1868, or any registered certificate or ceitificates belonging to the board of education issued in pursuance of an act of the General Assembly of 1867, shall surrender and deliver such bond or bonds with the coupocs attached there to or registered certificate or certificates to the treasurer of the State, and he is hereby required to issue and deliver to the person surrendering such bond or bonds, certificate or certihcat.s, anew bond or bouds of the S:ate, due and payable thirty years from the first day of July, A. D 1880, bearing interest from date at the rate of 4 per cent, per annum, payable semi-annually on the first day of January and July, in each successive year, at tbe office of the public tieasurer. bEC. 2. The said bonds are to be cou pon bonds of the denomination of fifty do lars, one hundred dollars, five hun dred dollars, and one thousand dollars, aud are to oe numbered from one up wards, in accordance with the order of issue. They shall be signed by the Governor and treasurer, and sealed with the great seal of the Btate; but the coupons thereon may be signed by the treasur alone, or have a fac simile of his signiture prin'-ed, or eugraveJ or lithographed thereon. Sec 3. Tiie said bonds shall be ex empt from all fc!tate, county or corpor ate taxation or assessment, direct or indirect, general or special, whether imposed for purpess of general reve nue or otherwise. The said oupoos hll be receivable iu payment of anj ud all State taxes, and the same shall be expressed on th face of each cou ;ou; the coup i s shall bear the ta-m-n ii ber at- t ie b nds to which th-y a;e at : c h.u, hi d .n a 1 inio i, be num bered from one upa.d-t, in accoidauce witn the diite of their maturity. Sc-c. 4. Tue b nds shall be exchang ed for tho old bouds of thy State men tioned in the first sextiou of this act, at the following rate: CIh.ss I. For the bonds issued before the twentieth day of May, 1861, forty per cent, of the principle of the bond or bonds so surrendered. Class II. For the bonds issued since the closa of tho war, by autori'y ol acts p iS-sed before tbe war to ail in the constiuction of the Western North Carolina Railroad, and the bonds is sued in pu suance of the sa d act of Assembly of 1865, chapter three, and act of Assembly 1867, cbap er fifty-ty-six ; the bonds issued October first, 1861.. by authority of act of 1861. chap ter one hundred and thirty seven, for Western (dalfidd) Railroad, the bonds issued October first. 1861, by autl o-ity of an act of 1854-'55, chapter two hundred and twenty-eight, section thittyfive, and resolution September tbe twelfth, lfc61 ; and the said regis teied ceitillcas of the literary fund, for the bonds issued July the Hist, 1862,. by authority of the act ot 1860 '61, chapter one hundred and forty-two. $500 PER ANNUM for the construction of the Wilmington, Charlotte & Rutherford Railroad, twenty-five per cent, of the principal of the bonds or certificates so surren dered. Class 3. And those issued in pursu ance of the s aid funding acts of March the tenth, 1866. and August the twen tieth, 1863, fifteen per cent, of the principal of the bond or bonds so sur rendered: Provided, That all bonds issued in exohange for the new bonds shall be surrendered, with all the coil pons attached. Sec. 5 The bonds so'to be issued sba 1 be in the usual form of bonds of this State, except as modified and pro vided by this act. and shall have prin ted on the face of- the same words, "issued in pursuance of an act entitle an act to compromise, commute and settle the State debt," ratified the day , A. D. 1879, and in large red letters, 3'be consolidated debt of the State." Sec. 6. That all States taxes levied and co lected from professions, trades, incomes, merchant, dealers in oigars and thrce-foii t us of all the ttaxes ool icted fTom wholesale and .retail deal ers iu epiiitous. vinous and malt li quors, snail be held aud applied ty the payment of the interestod ""on said bonds, and the provisions of 'this sec tion be deemed and taken to be a matarial part of tha consideration for which the bouds of the State shall or may ba surre dand. dec. 7. Tuat if tue whole fund raised by such taxes shall not in any one year .be required to pay such accruing in i titer cat, then and in that case it shall be the duty of the Tieasurer, wi,h thi sanction ot the Governor and the Aud itor, to buy with tue turplus such of the consolidated bonds as he can buy, at the lowest price, after thirty days advertisemeut iu at least two papers published iu Raleigh, and he suall toi in with caLCl any such bouds so pu.chas (' Sec. o. That the treasurer snail pro vide a tubstautial bound book for the puipose, in which ha shall make a cor rect d- scripii.e list ol bonds so sur rendered, which list shall embrace the number, date and amount of each, and the purpose for whicu the same- was issued, wheu this can bj ascertained, and tho name of the persou surrendor ui j the same, una after such list shall be made, suvJi surreudere-d bouds bj- ijir ascertaiucd to bo present, soa:l be consumed by tire in the presence of tue GoVornor, the Tieasurer, tho Aud iuor, the Attorueiy (ieueial, the Secre tary of State iiud ounei luteiident of Public Instiuciion, who shall each oer tity under his hand respective-ly, in such book, that he saw mcli doscribjd bn Js so consumed and dettroyed. Sn.c. 9. That the tieasurer shall pro vide a well bound book, in wbich shall be kept an accurate account and des sciipuve list of the new boucis to be issued; and such descriptive list shall embrace the date, number and amount of such bond or bouds tor winch the same issued, and the name of the per s n to whom issued. "Sec 10. That it shall be lawful for any executor, administrator, guardian, trusty, director of any corporation, and any aud all other persons acting in a fiduciary capacity, holding bonds of the State, to make the exchange provided in this act, aud thjy s lall bd absolved from all liability ou accouut of said exch tnge. Sec 11. The provisions of this act for the exchange aud issue of bonds shall continue in force until the firit day of -January, A. D. 1882. Sec.12. That as a fuit oer .piovlsiou for the purpose of paying the luterest on these said new bonds, if the taxes for any one year upon the subjects of taxation, hereinbefore mentioned, shall be iusuttioient to pay said interest, then and in that case the public treasurer shall be authorizad to apply any funds iu the treasury, not otherwise appro priated, to that purpose. Sec. 13. That in the event that tha taxes collec eu in any one year upon the aforesaid subjects ol taxation, ana the funds not otherwise appropriated in the treasury, when added together, shall be inadequate to pay sa d mter- et.t, then, and m that case, and in order to provide for the deficiency, tne puonc . a I treasurer be. ana he is nereoy author ized to issue coupon bonds of this tate of the denomination or five hunared doilais, bearing date of the first day of October or April of the year ot" the issue, accordiug as the one or the other of said dates thall be nearest in point of time to the date of issue. Said bonds shall be p tyable forty years after date, but redeemable after ten years, at the option of the State, with interest at the rate of six per cent, per annum, pay able semi-an'iually, ou the first days of April and October; aid bocdi shall bear upon their race, in na letters, tne words "contingent bond," and shall be numbered from one upwards, in accor dance with the order of their issue. They shall be signed by the Governor and Treasurer, and sealed with the great seal of the State; but the cou pons thereon may be t-ignea Dy tne treasurer aioae, or nave a lac sitnne oi his signature printed, en,rav?d or lith ographed thereon. The said bonds aod coupons shall be ex mpt from all Htate, county, or corporta taxa .ion or assess ment, diiect or indirect, ge .eral or .special, whether imposed lor purposes f geueral revenue e.- otherwise, ana they shall be lawful investments by all executor , admiuistr.ito-.B, guaiaians. nd filucartes genenliy. Ihe cou pons on said bouds shall bear the same numbers as the binds to which they are attached, and shall, in addition, be numbered f r m one uywa:d, iu ascor- line with the, date of th-nr maturity; and they shall be, a id shall so express uoou their fac. that thuy are receivable at and after maturity iu piymsnt of all taxea, debts, dema-ids an l dus to the Sta'e, of every na ure a-id kind wuat SOiver. Sec 14. That the public traasurar bh-11 be authorizsd to sell so maay of said bonds at par as shall bj necessary t pr videfor the deficiencies atoresaid: .. 11 ft..- Provided, however, auac me puouc treasurer shall not iss ae and sell iu the aggregafe mora tnaa six huaarel of bee bonus. Sec 15. That all the provis'o-s of this a'it for paying th interest io the consul dated boud-i, bi.u.J apply as well to the payment of the interest of these sid contingent bonds. Sec. 16 that lor the purpoio of car rying out the provisions of this act in re'ation to the furnishing of propsr b'aak bonds and coupons, the tr.asirjr is author z? 1, with tue approval of the governor, to uie any funds not other wise appropriated iu the treasury, net exceeding five thousand dollars. Ssc 17. That the public treasurer is autho:iz;d to give public notice of tb's plan for a settlement of the State's ndebtedaess, by ad vei rising in such newspapers as he may select. Sec. 18. Th s act shall be in fores fiorn and after its ratification. ir f f . I- I li i- 5?,- I 1 I' m -fa
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 14, 1879, edition 1
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