Newspapers / The News & Observer … / April 19, 1879, edition 1 / Page 1
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p'vzrir y j i a -:,, i j.. .',.;.. ..',. Ill - nn- i-, k VOL. XV.-41 RALEIGH, X. C, SATURDAY MORNING, APRIL 19, 1879. $5.00 PER'-ANNUM: ,3 ft Kale r "1. r .- it if 1 WASUIXGTOX. TUTEKDADI rtOCEEDnUI TELEURAP1I. BY trU Give 5Ttl f m ftph rmn T Utettoath kHW Ok41 I ft tk Law- U . tfTwtMM, rrl the ftath The iraj Bill JIm WitiiMoro. April 18 Senate, Th -enai proceeded to the comldera- Wallace' resolution to alter the rule of the Senate, no that removal and appointment mar be made by the He- at-Afma, respectively. The ru! pro posed to be amended require that re movals and appolntmenta are u be approved bv the President of the Sen ate. Without any action being taken the morning hour cloael. and tl.r Sen ate bk op the Armv Appropriation Mil. Randolph, of New Jersey, addreased the Senate, alluding to prominent rvfni in the earlr history of his State, igniflcmvt an showing the predomi-n.inc- then of the spirit of resistance to ine unjust law which now appear In the pmpowed repeal of laws authorizing military interference In civil affairs. NeverU Senators incident' ly spoke ijnlnst the practice of list being pre (Ktre.1 of Senator who desired to speak on the finding question. Mr. llayard said he pro-wed to ad lr5 the," Senate and country at length upon the piO'Ksed lobulation. Senttor Morgan aUo Indicated his intention to speak, and said the South ern representatives regarded thee aa iiHtHiUnai question rather than m.tlter affecting the re-ent disturb qi 'twrm the North and the South, af.? their future Intiueuce on the desti nies of this great country. They had r.n e-iual interest with each other as seo tKn In the development of the true jtfory of the American Union, Nation ur Onvornmcnt, and were desirous of -iistm in the management of the overnnient tf the eople, for the peo ple, and lv the people. They did not ..'tempt to repeal war rueaure (or the i-enerit f the Mouth ; they preferred to outlive their effects, and were here t iihv bwuse of their jatlent wurno in obedicn"e to law. Mr. Groome referral to the act of General Inx and Schenck, in conneo tun with the ailalrs in Maryland in Wil, and at other periodn. a- showing i wh.it lenjcths the army had gone in buc of the rights of a free people. llor The morning hour, which n Krid ty in set airt for bustneaa of a i na:e character, waa Uisenaxl with. :'hc sjIiaidiarT silver coma bill was llit.viviv not taken up, and the llou.ne eat into a Committer, of the Whole on th Legislative Appropriation bill, and waa addreveU by Mckinley of Dhio, in oppo-iIJon to tlie pnpe.l legislation to repval the FVlcral election law. He denoun.ed that leialation as a lol mnH wanton attempt to wie from the lvr every protection of the ballot-lox, and t surrender It into unholv ha f hire 1 re waters and lal!ot-lx -tu.l trs at iho Nor:h And of 'ti'ue I'.ilio:" chat at tb outh. lluux', of Teiiuteiet, follows 1, ex prtm; his aatoniahment tliat any man ol.l ! found willing that the Kede rvl eletiou law should be retained on the statute book ; he defended Southern lepreaentatlTe frwiu charges of falsity to obligatioitN. Hurroa,of Michigan, alvo ated the retention of the election laws. He as serted that the negrc in IouLsiana vcre CeHng from oppreviou, ami - jcbed his declarations in very strong t4:ncuage. Oibaofl. of Ixvjisiaria. msile several Tort to gel in a disclaimer of state . .'Mm, Jt IlJrrows declined to vield. Tb-o-i.u becsane very snintate!, the .M-.iLcr a-aailiugthe democratic larty iu .ur House wuoiu he atylel ctuspirs to.. At the evncltuion of hi remark, M.sr. )itison and rUam both warmlv .!. "ended th charge that the citizen- f lauKio were the intimated voters. There will be several evening ion next week for delate only. pirroso A?ii Kr.i.i.o. vrs says Bribery waa l esf for U el lsar X-leeti av ays It's k Taiia-. WahHISQtox, April 1H. A lively iaaaage occur rel during to-day's sea -loo of trie ?enate coinmitt' n Privi leges and Elections in regard to th Mpafforvl-Kelloggcas. JinlgeSpalTord, in the course of hi argument, reitera ted, an awcrtion txntainHl in his memo rial, to ths etTect that KellogK had bribed members of ths legtslsture to vote for his election to the Senate. Kellog; obtaining leave to interrupt SxT.ird. vert emphatically denied the asaetion, and proceeded to say that the committee, conaLstlng of two demo rrats aini one republii-an, hal leen ap poLutetl by Nichols" lei.slature to nvetigate some chsrire of brilery as longaToas March. H7l and failing to find anything whatever to aulsvtantiate it, had never, np to this day, made any report; and that on the other hand he believed it could be readily proven that the democrat had themselves used raoasv to break up the Packard legis lature bv Inducing It member to ile rt to Nichola' legislature. The committee, at the conclusion of Stafford's argument adjourned, su ject to a call of the chairman. I as perilled fcy Tire Daoap. BbcmUA, April lS.-Two hundrei sod forty miners were imperilled by a flr damp explosion in the Agrippe coal nit ar Sloua. 1-Ugbty-nine per sons nave been thu far rescue!. A s-"ei Vlllaare. Porrit. April IS. The rivers Mros and Kro have again brokeu their dams In several plai-e. Th village of Zereud ha been lestroyd, and the town around endangered, the wter bvlng already reached the cellars of house. TIIC1PEK ( E5TS, A Little BMcr1pllai sf Oaity Also,. JJS.Sf-tt IT Baaklag Imatl t)tissis Repress t la; f M.SOsV.SOS.OO, N'KW YORK, April IS. The Syndu-ate rotaposi of nineteen took sn 1 link ing ttrm of this city ud lkum to-day mad a subscription of l50.U,0i of 4 per cent, bonds, n I f0.uuU,OU of fund ing certificate. Disking the largest sin gle subscription ever made to a ttov emmenl funded loan in this or any other countrv. Th Tribune lumwm the following details: The Svndicale waa not fully organised until Aer the dose of busine hours In Washington, and the bid for all 4 percent availa ble tr funding th 10-K loan wa not ulegrsphetl in time to rceiv a r apons before the Treasury leiart mnt waa closed for th day. The Syn dlcl which ha mail this unparal Uied subscription of lW.aO,t It to understood, is com posed of the Mrst National lUnk, Fisk A Hatch. MetropoUtan National Bank. Wlnalow, Hanier A Co., J, A W. SeUgman, Mor-i ton. Bliss A Co., Third National Bank, Bank cf N'iW ToYk, American Kx rhang hank. Park National Bnk.Im4 porters and Natioual Riuk, Hatch V r'otte, Verniilrfe t Co., L niteil States Trust Co.. Kuliu, leb A Co., and the New York branch of the Bank of Neva di of this citv, Moverick National" Bmk. Foote A French and C. A. Sweet A Co.. of Itoston, making 19 institutions representing a combined capital of over one hundred million dollars. 1 lie hui acrintion of veterdav was matle ac- confimc to the new terms prcscrilKnl bv Secretary Sherman in his circular of April loth, while the First National Bank for itself and associates has sub scrile 1 for the full amount of ono hun dred and ninety million dollars of 4 per tmnds available for Government sale until l.l. It is understood that the amount will be swollen aa the Treasury Department will grade it down accord ing to the number of bona fide subscrip tions before 4 P. m. bv bank and bank ing Institutions In the regular course of business and by actual sales or funding certificates all over the country. STATE NEW. New IlaasTtr. Wilmington Star: W. II. Boyette, the accomplished thief, who lias for some mouths been robbing school houc in this city, was up for trial, and was held in heavy bonds to appear at court. Green peas are on sale. A bolt of lightning knocked down three sailors on the Norwegian hark Ararat, while coming up the river Thursday. Craven. Newborn Nutshell: Capt. W. J. Streot has resigned the captaincy of the Kim City Bitles, having removed to llaleigh. Four of our citizens yester day began a tramp of 4(H) miles in the new walking rink. The pedestrian fever has struck t tie town bad. Wayne. ftoldsloro Mail: Rev. N. Z. (iraves, well known in this place, is lying quite ill in Warrenton. Mr. Win. Honitz will build a brick hotel on his burnt lot containing twenty-live rooms. The many friends of Col. L. W. Humphrey will regret to learn that he is lving verv ill at his residence. Ed geeo m te. Tarboro Southerner: The peach crop is greatly damaged, but apples, pears. cherries and plumbs are aafe. The riheritt of v aae brought John ray down and lodged huu in jail on Mod- dav. John is indicted for stealing cut- lon. me supreme t ourt aojournea last week having heard and determin ed l:tt cases. Capt. T. vv . Battle and others planted cotton lost week. 'h. TarlN.ro Southerner : A young white man named jerre Lilian, wone unoer the influeuce of liquor, trot in a dittlcul tv with a negro niul cat his throat in Nashville, Nash isvmty, on Monday. The Jngular vein v as aevensj and the negro is not expccie i to live. Inolr. Tartioro Southerner: rvt. i. ii. for this Pis- Page, Deputy Collector tri-t. Infsrms us that he captured in Bui s Swamp. Ieuoir county, last week, one illicit distillery, four pris oners and one thousand gallons of lieer. Ills part v, a we understand him, shot thirty hogs. Capt. P. expects to iui- El irate prominent jiartie.. For the onor of our section, be it spoken, this is tho first Instarce of illicit distillery in the Kast, of hich we have heard. Meeklenbur-. Charlvtt Observer: The three tire ,couianies now have eighteen hundreil feet of new hose. More ami liner sliail fioiu Catawba river were brought in yesterday and commanded fair pricesi. Is this the result of the lalors of the fish commission? Tramps b-ive I en exiixslingly s-arce in this city since thu passage 6f the onlinaiic allowing the mayor to put them on th street Tor thirty days. It s singular how news spreads among tramps. The election of chief of the tire depart ment will take plaov at the hall of the Indeciident Hook and ladder Compa ny next Monday night. Dr. K. . Kiliott, the proprietor of the Sparkling Catawba Springs, was in the city yes tcrdsy. He will opMi airsin this son, and will make some important Improvement in the property. Ilallfaa. H-aiiike News: A gcntlemau who knows, ays Weldon will have three thousand inhabitant within two years. Haverly's minstrels ased through hwre Sundav from Charleston on their wav to Baltimore. There were forty- sev'en of them. Capt. W. H. Kitchin. who has been on a visit home for the past week, passed through hero on his rotom to Washington City Tuesday. The river is riing and muddy", and If this state of the w atcr continues there will Ih plenty of rock fish here in a few davs. There" have leen several caught already. The Baptist church here i now undergoing repairs, will soon be complensl, and services will be held in it regulariv bv Rev. R. T. Vimn, of Knneld. Paqaotank. Klizabs.th ity Fmomist : A h:iir seal In the harUr on Sunday, created a sensation, and now the question is, where did he i-ome from ? K. City is be'(ming more and more a centre of the fish trade. Almost every hour brings a tish boat. Camilfn. Klizaleth City Economist : Shadri Hrite, an old "man partially insane, hung himself with a rope at South Mills on Ttiewdav. Forsy the. Salem Press: Prof. Agthe is the re cipient ofa leautiful gold headed cane, presented to him as a birlhdsy gift Sat urday, bv the young ladies of Salem Femal Academy. Salem ha done more in the US years of her existence for charitablo "and public purposes, than, perhaps any town of its size in the State. V pn.cr under the auspices of the Kpis.-opal Church, the report Is current here, will lj priuted In Winston at an early day. y Crvrwtlve Cetton Ntatenaeait Nt receipt at all V. S. ports during week, sfpt rreeiDts at all 17. H. Prt same week last year, STJtH Total Receipt to this date, 4i45,5U3 aame last year. 4,011,21s Export for the week, 63,09o " satno week last year, 64,1 1 Total export to thl date, St(S7 same date last year. -4.VU Stock at all U. S. port. Suick at all port same date last yr. 5D3,1 Stoek at all Interior towns, 57, .. .. .. data laat year. . . . S7.av Slock at Liverpoor, v 540u " aame date i bwt year, 763,0UQ "4tACkrof American afloat for f ' Urent Britain. yf77,n) Stoci. of American afloat for Great Briton asm time last "SMSiviZA 6llvt"iu be iti'rfomirta tad tor Qnaen oi May, Th Qaeoo of 'daur. : .. V " ?V SHOT IX THE STREET THE NtqiAL TO A UIKU BALTIMORE A Father K filed While Seeking; Re- vrncr for the Betrayal f HI Daughter llow Tood( Jame and Illnda Poured Knot Into Each Other When five Feet A;rt. HP'-cial to the ThlL Tliueai. Baj.timokk, April lti. At noon to-day Isaac D. 'James was Bhot and almost instantly killed on the streets of this city by Denwood B. Hinds. James' daughter, Lizzie, who died on March 15, last, was betrayed by Hinds, and the father had openly de clared that he would kill him. As he was going to wurk to-day he met Hind aud his yourlger brother, Harry, and with the remark : "Now I've got you, drew his pistol. The elder Hinds jumped luck and fell iutu an area. As James fired he threw tip his arm, the ball strikinir him in the left forearm and lip. James then turned and walk ed around the corner, but retraced his steps, and, looking round the corner. saw Hinds rising. He again drew his pistol, but Hinds, cocking his, opened lire uiKin nun. As James Kept a i vane injr. and staxrrerinir under the bullets ho had received. Hinds brother pulled him down from behind, and Hinds struck him with his revolver. James was taken to a honse near bv. and died in a few minutes. Denwood" Hinds was arrested and claimed that he had acted in self-defense. A Coroner's jury heard the evidence and adjourned until to morrow. On the of December last William James, son of the man killed to-day, and Don wood B. Hinds fought a des perate dnel in Baltimore. Young James then ill vears of age, boreand excellent reputation and was in the employ of Buck, Hetieirxrwer s co. nnuis was of alHMit the same age and was employ ed as a clerk at the clothing house of liobert Moore A Co., Baltimore and Hanover streets. Both were members of the Fifth Regiment and had been friends. Hinds had been isij-ing atten tion to James' sister. Miss Lizzie, a beautiful and occoniplished girl, who seems to have loved liim desperately. Finally his attentions slackened and his visits l eased. Then it became known to young James that Hinds had made his sister his victim. Angered at the clerk he sought him and demanded of him the only reparation that was in his ower to make. Again and again did he press his sister's claims on the young man, and airain and again was he re-tux-. I. A DtM'KRATK PI EL. Final! v James became tired of impor tuning Hinds, resolved to punish him. i Mi the morning of Monday, December h entered the store where Hincis was employed. The l..:ter was found in the basement. '1 i ..ve wine for sat isfaction," said James, and he pulled out his revolver. Hin ts did the same and the shots followed in quick succes sion. Both men tired at each other un til every load in James' pistol had been exhausted, when the latter exclaimed: wi have had enough ; my pistol js empty." Hinds had one more load In his revolver, but before he had a chance fo fire It off James seized him. The two men clinched and there was a hard struggle, each treating the other with ths but end of his revolver. Hinds at tempted to press his revolver to James' cheek, when, fortunately, Mr. Moore, one of the proprietors, attracted by the noise in the basement, came from the nper floor, and, seeing the two young men clinched against a table succeeded, after an effort. In separating fliem and wresting the pistols from them. James' revolver was empty and that of Hinds had one load in it." Hinds was bleeding from a bullet wound in the forehead and James was covered with blood. Neither would give any reason for tint encounter. Phy sicians were called in aud tho young men's wounds examined. Five shots tired by James had struck Hinds' body, the two others lodged in the wall ami ceiling of the room. One ball struck the centre of Hind's forehead, but glanced up and struck the ceiling. The other entered the cheek below tho right eye and barged just in front of the ear. The third passed through the right ear. The fourth grazed the left hand and the fifth broke the little finger of the same hand. James received three wounds, the most dangerous being that produced by a shot through the chest. Another bullet entered the right arm iienr the elbow, and another ball passed through his hat. It was a wonder that both men wore not killed. They had at no time been more than five feet apart, and had fired at each other as fast as they could turn the barrels of their revolvers. THE KAU KKO.UKL. It was some time before either of the beliigerants recovered. Hinds, wheu he waa able .to travel, left the city, re fusing to make any complaint against his assailant ; he left, still refusing to make the only reparation which was yet in his power, and his poor victim was forsaken only to die. Her death occurred about a "month ago. To the very last her love for the man who had proved false to her remained, and, sur rounded by her friends, she gave up her life for him. She had been a favored child, deeply loved by her parents, and her untlmelv end nearlv drove them crazy. With her dying Weath th fath er swore to be revenged upon the be trayer, and the meeting to-day was the result of that oath. KOrTII CAROLINA'S SENATORS. Hampton and Bntlerin Charlotte- A Military Kesrt and Reception at tbe UeMt. The usual and accidental circumtance of the presence of the two Senators of South Carolina in the city on the same dav offered an opportunity, yesterday afternoon, for a public demonstration in . honor of the distlmruished visitors which the citizens of Charlotte were glad to avail themselves of. Charlot teans have always delighted to houor CJov. Hampton as the redeemer of his Stale from misrule. iverty and cor ruption, and yesterday when the first opportunita vvas oil ere showed them selves equallv pleased :o extend special courtesies to" a statesu. .n who, 11 less promiuent in the work -f reformation, was scarcely less effective, and is a true represent! ve of the intelligence, patri otism and Independence of spirit of his native Stat. At the depot the crowd was augment ed by the arrival of the cadets of the Carolina Military Institute. When the train pulled up to the station the Hor net' Nest Riflemen formed to receive Gov Hampton. After some delay he appeared with Mayor Smith on the platform, leaning on his crutches, and was received with cheers, Intermingled with loud calls for a speech. . Being Introduced by the Mayor, he said that be had been ,ln the habit of patting Gen. Butler forward to do the talking aa he had put him forward to do the fighting dnnngthewar. and that he had shown that he was no less sue cessful as a talker than a fighter, and it was his intention to put the senator in for the talking on this joccasion, but he could not repress a desire to thank the citizens of Charlotte lor tiieir Kind ex pressions towards himself. He reinem bered with gratitude that the handsome comoanv which stood on his right was the same which had escorted him to the capitol of his State when he went there to take his seat as Governor, and he was no less mindful of the sympathy and retrn rd which the people of North Carolina had shown him during the past year and formerly in the difficult and troublesome times, in nis state. His experience during the war was that wherever placed, the tar-neeis could al ways be relied on. He hoped to see the Hornet's Nest Riflemen again in Columbia on the 10th of May. t'T am Anv Ia Wfljah'tlff-ton ' ' aalt ha e"" 1 "to represent my people in the national council. I trust that while I shall never ferget that I am a Southern man, I shall alwavs recollect that I am an American Senator; that I shall be able to subor dinate a partisan spirit to the bringing about of that reconciliation which we all so ardently desire and need. Since I first laid aside my sword I have striven for peace between the lately contending sections of the Union, and I believed then as I believe now, that such a state of feeling will brinir prosperity and happiness to our land." The speech was interrupted by ap plause, and at its close (Jen. Butler was again called on, and responded briefly by saying that he had succeeded on this occasion in putting Gen. Hampton for ward, and he had said all that could have been appropriately said on the oc casion. Jov. Hampton is look in z remarkably well considering the suffering he has undergone, but moves with consider blo difficulty. THE XECRO EXOII1S. How the Blacks Were Enticed to Kan sas. Mr. Ryan, one of the members of Congress from Kansas, has received the copy of a circular, which, it is believed has oeen distributed in lar&re Quan tities in the South and largely instru mental in deluding the poor nezroes into their present mad career the often- promised "forty acres and a mule." Mr. Ryan avows his utter ignorance of Liveursrus P. Jones, or th Honietv ov-or which that Spartan presides, and says that while Kansas is willing to take care of her share of colored refugees. she will object, in the most positive manner, to being covered with an ava- anche of them, The circular is print ed in bold type, and marked "strictly private." ATTENTION, COLORED MEX OFFICE OF tOLOKKD COLONZIATION. TOPEKA. Kan., Feb. 2, 1879. Your brethren and friends throughout tho North have ob served with painful solicitude the out rages heaped upon you bv your rebel masters, and are doing all thev can to alleviate your miseries and provide for yonr future happines and prosperity. resident Haves, bv his iniquitous Southern policy, has deserted vou, while the Democrats, who now have ontrol of Congress, will seek to re- enslave you if you remain in the South, and to protect vou from their designs tho Colonizatfon society has been or- f:anized by the government to provide and for each head of a family, which will be given in bodies of loo acres gratuitously. This land is looted in the best portion of Kansas, in close proximity to Topeka, and is very pro ductive. "Here there is no distinction in society, all are on an equality. Leave the land of oppression and come to free Kansas. Lyci:rls P. Jones, President. Show this circular to none but color ed men and keep its contents a secret. A BALTIMORE TRAGEDY deduction of a Girl and the Killing of Her Father. Special niepaU-h to The Post. Bai.timokb. April lfi. A terrible se quel to tho Hinds James pistol duel occuredhere to-day, resulting to the killing of Isaac James, an old engineer on the Baltimore A Ohio railroad, and the wen dinr of Denvvod B.Hinds and Harry Hinds,' his young brothar. Last December, it will be remembered, Wm. M. James, son of the man killed this morning, went to the store of Ro bert Moore or. Co. aud asked for Hinds, who was clerk in that establishment. Being told Hinds was in the basement, James sought him there. He accosted Hinds, drew a revolver, and returned the rite. Both of the duelists emptied their pistols at close range, but neither of them was fatally wounded. It was known that Hinds had been a frequent J and acceptable visitor to the parlor of Miss Lizzie James, a sister of his friend, and only darghter of Isaac D. James. Some divineu the cause of the shooting between them, or Madame Rumor had given to the gossips a story well calcu lated to throw a shadow of gloom on the house of Mr. James. Miss Lizzie James, about whom the shooting origi inated, died on the 15th of last month of puerperal convulsions, within two weeks of becoming a mother. Her fa ther then swore to be revenged upon the author of her troubles. As Hinds, who is a very young man, was taking his younger'brother to school, shortly after noon, he met old man James face to lace on Fayette street, near Carrol ton avenue, with the exclamation, "Now I've got you." The old man pulled a Oolts' revolver and com menced firing on Hinds. The first shot struck Hinds in the left arm, and the second in the right cheek. He then pulled his own pistol and emptied all five of the chambers, two of the balls crashing through the brain of James. The latter died within ten minutes, and Hinds was arrested. During the tirin'r Harry Hinds kocked old man James down, and was himself shot in the arm. A coroner's jury was empanneled, and after being sworn, took a recess un til to-morrow at 2 p. m. Mexican Veterans. Charlotte Observer.' Frequent allusions have been made by the press to the pensions not yet giv en to the survivingsoldiersof the Mex ican war. The i. e.ision of the 'privates would be eight dollars per month that of the officers according to their grade or rank. The pay of a lieatenant was thirty dollars, which was increased by commutation for rations, itc, to sixty two dollars per month. The pension of this officer would be half pay or fifteen dollars per month. The number of survivors is not large. The per cent age of deaths annually has been about 3 per cent. This will leave ten living from every hundred. The amount of money required annually would not be one thousandth part of the revenue derived from the wealth of the country added to otir domain by their efforts. Thirty years have passed, and but few of those soldiers, whose labors added so much to the material wealth of the country, are now living. Each year will lessen that number. Are they ask ing too much when they ask that this pension be given by the present Con gress? Do not tupify your baby with Opium or Morphia mixtures, but use Dr. Bull's Baby Syrup which is always safe and reliable and never disappoints. 25 cts. THE SCHOOL BILL THE ATTORNEY OEXERAES OPfX The Kim tare Necessary They may be Affixed after Adjournment Where the Facta Jus tify it. ' . Attorney; Geerax.s Office, April 10, 1879. To the Super" i, of Public Instruction: Dear Sir: I have delayed answer ing your letter of the 20th in refererfce to the, validity of the 'School, Law4 because .the importance of the ques- tion reouired that I should inve It a eardfiil ideMfou '.;. " v The facts contained in the letters of the Secretary of State, Enrolling lerk of the Legislature, aud Clerk of the House of Representatives, which ac company your communication, are in brief as follows : The bill to revise and consolidate the school law was intro 4uced In the House on the 27th of Feb ruary, f879, and passed Its three read ings, and ordered to be j engrossed and sent to the. Senate lor concurrence. It was accordingly transmitted "to" the Senate and passed its three readings in Uia. Hiuse enroUedjSubjected to the ex amination5 of the Committee on En rolled Bills and reported by them as correctly enrolled.' The Journals -"further show that it was duly ratified and transmitted to the office of- the Secretary of State on the last day,, of the session together with a large number of - " VJ- I' --!-) adjournment of the Legislature that the signatures oi the presiding omcers were wanting, the Secretary did not feel au thorized to receive it as a law. Bat. Rev. chap. 78. sec.41, (1). This question is presented by the facts: Is it the duty of the presiding, officers to sign the bill alter the ad journment of the (ieneral Assembly? they still being members and presiding officers, with a term of office of two years, commencing from the time of their election as members. Const. Art. 11, sees. 2 and 2.". The Constitution provides that all bills and resolutions of a lesrislative na ture shall be read three times in each Tfrinap hf7ir tlipv nas into hiW and shall be signed by the presiding officers of both Houses. Art. II, sec 2a. I am informed that the bill was not signed after adjournment, because the speaners supposed tney naa no sucn power. Ana it may be a bad precedent for it to be done after adjournment, for everything; necessary to enact laws and give them effect is presumed to have been done while the Assembly is sit ting, and with a quorum. But it is a much worse precedent to permit ine fiiiluro bv inadvertence to sign a bill ding to the established usage in legisla tive bodies, to operate a nullity, and destroy all the force and vitality shich the two Houses could give it, by "passing it into a law." If this bill was inadvertently overlooked and not signed, the omission should be sup- . i . -v f i : . . . pnea. ii any persou wuo was iiiier ested in having it defeated, and by any means prevented its Jbeing laid bo fore the Speakers for their signatures, such-a;fraud should not be allowed to set aside the will and act of the two Houses. In either event, it is the duty Of the presiding officers to sign the bill alter adjournment. " "The Constitution commands them to sign all bills which have passed three readings in eacn tiouse; ana wnne n is usual and proper that this should be done during the session, yet the law does not prohibit them irom signing t'ter adjournment in a case where the fac.s and circumstances, such as the bove. so fully show the necessity for it. and so clearly justify it. The evi dence in this case is plenary that the bill passed. The part taken by the two Houses nas satisneu me requixeme.ui of the Constitution so far as they are eoncerned. Their presiding officers ahrttilri nnw nerform the Part which the game instrument requires of r hem affix their signatures mai ine law may oe valid and operative. Even although the bill has "passed into a law by the concurrence of the Houses, yet it amounts to nothing without the signat ures of the presiding omcers; ana meir :i,mahirps to a hill which has not pass ed amounts to nothing if it affirmative ly appears iroin the journals tnat it aid pot pass. The Constitution requires oth the passatre and the signatures to give life to the enactment. The signa tures are an additional means and con stitutional method of authentication and cannot be dispensed with, because the Constitution says: "and shall be SI gned by the presiding officers of the wo Houses. Suppose the bill to raise and collect revenue had passed unaer ine iacis and circumstances attending the school bill, and had not been signed;, would the Governor incur the expense to the public of convening the Legislature in extraordinary session that it may bo again considered in oruer io get iuuus to carry on the government? or would the Speakers sign after adjournment? r,r would the necessity arise to insti tute anac;ion to compel them by manda mus to perioral tne ministerial aci m writing their names? I take it they have no discretion about signing a bill hPthr thev approve the wisdom of the legislation or, not; and it seems to 9 clear, tnereiore, mai a mauuauius onld lie in case of refusal. Cotten v. Ellis, 7 Jones, 545; Bailey v. Caldwell, 68 N. C, 472. And furthermore, n tnis law remains inoperative by reason of the failure to sign as aforesaid, it amounts to the exercise ofa power not granted to any officer of our State gov ernment. It would be in effect a veto, brought about by non -action. Their singnatures are looked upon as constituting an element of some siginfi cance: W here the validity ofa private act was questioned because the required thirty days notice of, the intended ap plication for the apt was not given, the Court held, in the case of an injunction priyed for, that the ratification certified bv the Speakers was matter of record, w"hich could not be impeached in a col lateral wav. Brodnax v. Groom. 64 N. C, 244. And the Journals of the TxiriLature are also clothed with their share of importance; If in such case it appeared either from the act itself or from the Journals, which would be competent evidence, that such notic e Sas given, the Courts would probably old the act void. The best and only proof is by the record, and If that is si lent, the presumption is that the Legis lature obeyed the Constitution, and that the notice w'as given. Gatlin v. Town of Tarboro, 78 T. C. 119. It has also been decided in Illinois that a law appearing upon the statute book, properly signed, is not conclusive that it passed by a constitutional vote; this may be tested by the journals. Turley v. County of Logan, 17 111. Rep., 151. In discussing the point raised in the case, the Court say, "that th signatures ,of the Speakers are presumtiye , evidence of the passageof the hwy. and while the absence of the facts in the journals way rebut sucn presumption, uu v e. can not doubt the power of the same Leir islature, at the s ime or the subsequent session, to correct his own journals b. amAiiHinpntti which show the true fact as they actually occurred, when ' they are satisfied that by neglect or by de sign the truth has been omitted or sup pressed." , In Pftonle v. Bo wen. 30 Bard. 24 (New York Reports), an action in th nature of quo warranto was brought against defendant and others lor' assu; ming to be and acting as a corporatioi without authority of law. It was al icrwi that tlifiir charter passed the As namV.hr nn tho F,th of Anril' 1855. 'and the Senate on the 13th, and the Legisla ture adjourned on the 14th, and the bill was not signed by the Governor until the 17th. It was insisted that the J corporation had no rignt , c erciae its i irancuises ueiauw hid ni " f nrnvw) hv t ho ( kiwprtior until alter ad journnient, aud for this reason failed to become a law. Alter proviaing now hill r to lie nassed. the Constitution of New York further provided "that every-bill which shall have passed the Senate aud Assemoiy, snan uewre i becomes a law be presented to the Gov ernor for approval," Ac. And it was held that the Governor- may approve and sion the bill after adjournment so lr it valid and binding as law. There, the bill had to be signed hetovft itibecame a law. Here, all bills d three, times in each House hfiforn thev nass into laws, and shall bo signed by the ' presiding officers. Whilst there is no material or practical difference between the two cases",' yet ours is the stronger of the two when viewed in a legal aspect. The approval of th Governor, there, was required before it became a law. The signing hv the Sneakers, here, is a constitution al method of authentication that it had passed and become a law. True, the Governor continued io ue sucn aiLer adjournment ; and it is also true, that it is the universal rule in this country tliat "the presiding legislative assem blies hold their offices to the end of the term for which their respective legis latures have been elected, notwithstan ding any adjournment that may take place in the meantime." Cushing's Law Leg. Assemblies, sec. 2t6. I think, therefore, the School Bill should be signed now, after adjourn ment. And T wish to be understood that I give this opinion upon the facts in this case obtained from the public records in the Secretary of State's of fice, which fully warrant it. The school luw is one in which all our people are concerned, and it is fair to presume that the Legislature intended to ad vance the eclucational interest by pass ing the bill in question. It should be signed and published among the acts of 1879, and if its validity is then doubted, the question would be decided by the courts in a properly constituted case. Very respectfully, Your obedient servant, Thos. S. Kenan, Attorney General. A Female Oliver Twist. A prettv, modest, neatly-dressed lfT tie girl, nine years ot age, was before the police court of New York yester day on a charge of picking the pocket of an old lady at St. Agnes' church while attending a funeral service. The child's innoceut face , belied the thought of crime, and it was only when the police officer found a couple of pocketbooks upon her that her offence became at all probable. From the report of the pro ceedings it appears that, with other children like her, she had been invei gled into crime by a girl fourteen years old. In a Sunday school she drew the child's attention, and on going out of doors gave her candles and money, both of which she said she would show her how to procure. Then she directed her to mingle with the crowd in St. Agnes' Church, and showed her how to draw a purse from a sacque. It was about Christmas that she met this girl, and since that the latter has constantly been practicing her system of thieving. Other little girls have been similarly instructed by her, and this small set of offenders have puzzled the police not a little. Naturally imagining such a wholesale system of plunder to be the unT-ir of old nrofessionals. they kept a sharp lookout, and have been much perplexed bv the absence of known thieves while the offences were contin ued. The Time (cbedule for flontiiern ' Railroads. Philaielthia, April 16. The con vention which meets semi-annually to arrange the schedule of time for the Southern lines of railroads for the fall and spring, met in the Continental Hotel to-dav to decide upon the spring schedule. II. F. Kenny, superinten dent of the Philadelphia, Wilmington and Baltimore railroad, presided, and nearly all the railroads interested were represented. A committee on time tod. and reported against making any material change in the schedule ior inrougu ua-ii, i the matter of local changes in the hands of th spveral roads. If there are any changes to be-madein the running time the committee will call a special meeting. Theaction of the committee was in dorsed, with a few unimportant chan ges. It was decided to noia tue uen meeting at Barnum's Hotel, Baltimore, October 16. A rood Fisherman. Roanoke 5ewK Old man Lymus Paul a colored man living in the lower part of the county went fishing the other day and set a "trot" lineand left the pond. On his return instead of nsh, he had caught a wild duck and an owl. The duck caught the roach with which the hook was baited and was held fast. The owl attempted to catch the duck and strik ing at him, became entangled in the line and was also fastened. This can be vouched for as trne. We have often heard of killing two hirds with one stone. "but never knew two to be caught with one hook before. Accident off tlie Coast. Elizabeth City Economist. The Steam Barge, "Scribner," Capt. Quigles, was sunk in Albemarle Sound off the mouth of iJig Flatty Creek, on Thursday. The seas swept over her, carrying away the hatches, when she filled and sunk. The Captain's wife and three children who were on board were rescued from drowning ry rne fishermen. ttorrj for Blaine. Washington Post. Wa.jro aorrv for Rhiine. There Is good stuffiu him. In a light like thl for the people agitinst the assumptions aud aggressions of centralized power he ought to have been boldly and une quivocally on their side. The unthink ing portion of his party might hav de nounced him, but in the end htM ould have been greatly the gainer. Net u . til the conviction has settled into me minds of the masses that the days of the Republic are numbered will they ever sustain the party or man who consents to place the uailot-box under the pro--taction of the army. Rear Admiral Lord Aurelius Went worth Beauclerk, of the British navyy died recently from the effects of tailing into his kitchen fire, it is supposed,; in fainting fit. . j lid A WESTERN VILLAGE SWEPT BIA It ESISTLEKS G A I.E. " ' ' " Seven teeri Ilonsea Demolished, and a ' Oiurcb In Which Service was ' ! In Hr R-rc Partly Wreek ed Exciting; Scene. Sr. Louis, April 15. -A cyclone pass ed over Collinsville, III., about eleven ; miles from here, yesterday, destroying ; 4 a large amount, of property. The Iwo ; , story frame dwelling of Mrs. Griffiths,, was demolished; four houses owned by ,'. Frederick Meta were badly wrecked . , two of them being almost destroyed; : . the large tenemeut-house of C L. Rob- . ,j erts, occupied by eleven person,. waa. twisted from its foundation,, carried ro about ten feet, and nearly gutted of Ida . contents, the .inmates' escapimr" "With ;: slight scratches and bruises the tenet ment-house, also owned by C. L. Rob- . berts, occupied hv Reynolds and Boijer, . , waa completely demolished; the dwell- t ing of Mr. Roebuck, occupied by WH-'' .Ham Johnson, editor of the ArgusJ wa ' unrooted: tlie handsome bricK residence, ,i oJPrederick Metz , was, unroofed and e the front and side walls blown down; tlie rear of the house, th which the Met' " fhniily lived, is uninjuredpa-two-story framehouse,occupied by Joseph Combs was almost totally wrecked; the roof of " this house Was dashed against the'resl "' dence of W. ' C. ' Heedly, smashing its m rear rooms iutor splinters; a residence r , .occupied oy Charles Iienricke and Wm. Haas wasjitarly. torcvtut piea, tie, in mates escaping unhurt; tlie blacksniitu shop of Mr. Mendler was torn to shreds; the wagon shop of John Grosour, a large,-two-story frame building,. well ; filled with wagons, carriages and mate rials, to totally destroyed, with Its " contents; a cluster of tenement-houses, " owned by Richard Withers, were badly damaged, the occupants escaping un- , harmed; a carpenter shop and house , occupied by W. W. Nelson were Wreck ed, Mr. Nelson, his wife and two small : children being more or less hurt; a i large, two-story frame building, occu- . pied by Henry Iluffenbeck as a saloon ' and boarding-house, had its porch, ' about 75 feet long and 18 feet high. car-. . ried awav;the roof of the house ot Louis t Heck w as lifted off, and all tho four walls were crushed in a total wreck; the millinery store of C. A. Singletary was badly damaged and the stock near ly destroyed. The Episcopal church' was badly sha ken up. A funeral service vrt going on in the church at the time, and the . falling plaster and flying windoW-glass bruised and cut nearly all the people present. Other shops and dwellings were damaged. Fences, plank side- walks, trees, outhouses and stables , were blown to pieces or carried away, and gardens, etc., were destroyed. The storm, as usual, naa a rotary motion, and struck and bounded from the earth three times during its passage through the town. Its width was only from sixty to oightj feet. One of the evidences of Its' force was the picking up of a horse and buggy, which were carried at a height of twenty to thirty feet about fifteen rods and dashed to the earth, the horse behig crushed to a jelly and the wagon broken Into splint ers. The cemetery just ouisiae toe town was ijinl waste, almost everv tombstone being leveled to the ground. The storm disappeared in the east, and there are reports that it did damage . elsewhere, but they are not yet con firmed. The total damage In Collins ville is estimated at $50,000. Owed to Snrlitf. JOHN PHOXNlX'K OPINIONS, AKOOOl) now AH EVER. Well, Spring, youv cum at last, hev vou? The poit sez youv bin a-sittiu' in old Winter s . Lap now ain't ydu ashamed of yonrj sellT I s'pose the old 'feller's bin a-buasin- . you; I should think he had from your . breth A bein' so cold but that's the way them ii . Old fellers hev a-doin'. Well, as I waa say in', Youv cum at last with your "bamy , Breth" a-blowin' from the North wes -Wesconstant or Nebrasky; I s'pose, Great countries for bam I rockiu. ' Now ypuv cum when 5I Evrvbodi's feed and Korn and things Hev all been fed out! Now luck at Our Kritters, will ye ? See our Katll On the left, a-hevin' to be steadied by , Thur tales when they gits up a-morii-. ings! " ' - Luk at our hossis wat's all rejtr ed ,. To skeletons a-weepln' over a trofU A hull troftfull of kobsl A hull troft full of biater reckleck- shuns ! . Ixok at them sbepe a-Uen' in, , t The fens corners a-waitin' for grass ! Yis! tnd they've bin a-waitln' some ov Them weex ! And if they wasn't Puld they'd a bin "shakin' their iox, Atyuanrsed U dun it!" (That thur Is from Hamlet, won ofShakspnrN plais.) As another poit sez "Grass riffusod makes , Tho sturnak ake." So tlieso I.eje will Never open their i onto grasa agin no. b See the shotes A lenin' on tbe fens to Hqnele I Luk at them mity eres "a-liingiu' ien dint" Onto such little hogs ! See a hundrld ' Gnd shotes rejuceu down to a even Korn basket full ! Yes, that thurs ol yer doin's, U Tardi, loiterin' Spring I--a-haiift.hr back As youv bin a-doin' ! But now vouv cum ! We feel vour eheerin' presenz wen we Git round onto the south side ov the barn! We heer tha hens a-kakliii' when they've Laid a eg ! We see the horse-radish A starting up alongside thagarding Fens ! The wimmiu is a-lukin' intOj The old tea-pot after garding seeds. And all these things make-me think youv cum 1, ...! Ef so be I've riled ' Ye, Spring, a-showing upov yer short- ciimmings, ' - Jest set it down to bavin poH's li- sens, (Tho' I hain't taken wun out, yet I Mow to.) 1 The Fish Trade of Kllaabetta CttJ. Elizabeth City KcououiUi. This trade has grown to large propo tion s within a few years. The market value of the fish sent off this season, in the steamers of tbe D, fcL S. T. Co.. through, the Dismal Swamp Canal, will exceed one hundred thousand dellrra. Yesterday 'morning 400 boxes were shipped, the market, value of which was not less , than ten, , thousand dollars. This trade will increase every year,' - .v. . i' n .,. ' i.v ?i" --L;.'f WRECKED IN A CYCLONft' 1 yjll .1'. !!!! .l.ltJJ
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 19, 1879, edition 1
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