The News and Observer.
VOL. XXXVIII. NO. 88.
TOflE [LAMEST ©DMiLATD®K! ®F ABW MOOT ®AGBffiUKIA AMD O'.
HOT SHOT FOR GROVER
judge McConnell says the
PRESIDENT HAS REPUDI
ATED HIS PARTY.
THE COOK COUNTY CONVENTION.
The Chicago Silver Democrats Select
Delegates to the Springfield Monetary
Convention—Every U tterance Aeainst
Mr. Cleveland Met With Cheers—
Congressman Bryan Addresses the
Convention—A Free Silver Platform
Adopted.
Chicago, 111., May 4.—Delegates to
the Cook county Democratic convention,
called for the purpose of selecting 353
delegates to the Spriugfield Monetary
Convention, June sth, were slow in as
sembling this morning. Out of 729
chosen, not more than a little over half
that number was present when the meet
ing was called to order by Francis S.
Peabody, chairman of the County Cen
tral Committee.
Judge Samuel P. McConnell was
chosen temporary chairman. In his
speech of acceptance Judge McConnell
severely criticised President Cleveland
for not carrying out the promises on
which he was made president in regard
to the finances. ’ Mr. Cleveland," said
Judge McConnell, “has repudiated his
party. To-day we repudiate him. We
stand here to-day pledged to the cause of
silver. The policy of Grover Cleveland
is not the policy of the Democratic
party.'’
Every utterance against Mr. Cleve
land was met with cheers.
The temporary organization was made
permanent. Congressman W. J. Bryan,
of Nebraska, then addressed the con
vention. He received an enthusiastic re
ception as he stepped on the platform.
Mr. Bryan said he came to bring greet
ings from the Democrats of Nebraska
who were the first to raise the standard
of 16 to 1. “There is no such thing as an
honest dollar," said Mr. Bryan. “There
is no stable standard of value. The best
we can do is to find a metal which will
come as near this as possible. The reason
I call a gold dollar a dishonest dollar,
and the organization that advocates
such a dollar a dishonest money league,
is because a gold dollar, if there were
no other, would constantly increase in
value, making the debtor poorer and the
creditor richer all the time. Even if we
desired a single gold standard there is
not enough gold in the world to make
all the money.
“When Mr. Cleveland writes a letter
on sound money, the Almighty Himself
could not tell what he means by it.
There is only one man in this country
who has had an equal opportunity with
Andrew Jackson, the idol of the De
mocracy, that man is Grover Cleveland.
Instead of standing up for the common
people, as Jackson did, Grover Cleve
land has chosen to represent the plutoc
racy of this country. "
Mr. Bryan thought the plank adopted
by Illinois on the financial question
would be the one adopted by the Demo
cracy in 1896.
The platform declaring in favor of the
free and unlimited coinage of silver at
16 to 1, and against an international
agreement was then adopted with but
few votes recorded against it. Tne con
vention selected its delegates and ad
journed.
JAPAN IS FIRM.
She Relumes to Abandon Any of the
Concession* Made by China.
St. Petersburg, May 4.—The Russian
foreigh office has received the reply of
the Japanese government to the protest
made by Russia against the occupation
of the Lian Tung peninsula, which would
prevent Russia securing an open port for
the terminus of its Trans-Siberian Rail
road.
The reply, while friendly in tone, is
firm and indicates no intention on the
part of Japan to abandon any of the
concessions made by China. It is indi
cated that Russia’s wishes in this matter
can be submitted as a matter of subse
quent treaty negotiations between Rus
sia and Japan directly.
CLAUS BLIXT SENTENCED.
fie Pleads Guilty to the Murder of His
Sweetheart, Miss Giup.
Minneapolis, Minn., May 4.—Claus
Blixt, who is awaiting trial for the
murder of Catherine Ging, pleaded guil
ty before Judge Pond this morning,
changing his plea of not guilty. But a
short time was t ken for the proceeding,
as Blixt had evinced his desire to change
his plea and his willingness to do so be
fore May 14, the date regularly set for
his trial.
Blixt was then sentenced to imprison
ment for life.
Lord Kimberley W ill Retire.
London, May 4.—The Pall Mall
Gazette says it understands that Lord
Kimberley will temporarily relinquish
the secretaryship of State for Foreign
Affairs and that during his absence,
Lord Roseberry will manage the affairs of
the foreign office. Lady Kimberley died
today.
Austria’s Prime Minister Resign*.
London, May 4. —The Central News
has received from its Vienna correspon
dent advices confirming the report that
Prime Minister Count Kalnoky has
tendered his resignation. These advices
declare, however, that it is doubtful if
Emperor Francis Joseph will permit
Count Kalnoky to retire.
CENTENNIAL PREPARATION.
Senior Speaking Wednesday Evening
—Summer School of Geology.
Special to the News and Observer.
Chapel Hill, N. C., May 4.
Everything is lovely in a wealthy garb
of green. The sunshine is welcome after
a week’s drizzle. The campus is a place
of beauty. It is only about a month to
the great Centennial, June 5 and 6.
Everything is moving successfully to a
grand reunion of old students, the great
est in our history. The hotels are
about all filled already with arrange
ments jfor ladies, but special arrange
ments will be made, that all who come
may be comfortably lodged and fed.
The buildings, chameleon like, are
changing their color. Under the artistic
brushes of Jesse Kirkland and assistants
they are receiving a wash of light gray
with lime and cement.
The white and blue bunting for Me
morial Hall which will greatly improve
its acoustic properties, has arrived and
will be rapidly placed.
The Senior speaking Wednesday was
an enjoyable success. Nine of the thirty
eight spoke in competition for the six
oratorical places at commencement. I
give below speakers and subjects:
1. A. L. Quickel —Individual iu His
tory.
2. L. M. Bristol—lndependence in
Politics.
3. H. H. Horne—Religion and Life.
4. J. E. Alexander—The Renaissance
of the Orient.
5. L. C. Brogden—The Hope of the
Hebrew.
6. M. H. Yount—The Future of Popu
lar Government.
7. J. T. Farrell—Unity vs. Sectional
ism.
8. R. E. Zackery—lnfluence and Pro
gress of Aryan Civilization.
9. C. F. Tomlinson—Democracy and
Education.
The Summer School of Geology will
hold its third session in Europe this sum
mer. A party of about a dozen young
men will sail with Prof. Collier Cobb on
the Furnessia from New York on Satur
day, June Bth. They will visit Ireland,
Scotland, England, France, Germany,
Belgium and Holland. As they will be
second cabin passengers, and ttavel sec
ond and third class abroad, the expenses
of the trip will be very little. Already
several who are not members of the Uni
versity have been permitted to join the
party, and a most enjoyable trip is an
ticipated.
COLLECTOR CARTER WORSE.
Gravest Fears Entertained that he can
not Live.
Special to the News and Observer.
Asheville, N. C., May 4.
Collector Carter has been growing
weaker to-day and gravest fears are as
certained to-night that he cannot sur
vive another 24 hours.
The result in the criminal court in the
case of H. H. White, superintendent of
the county chain gang, charged with
brutality in whipping a convict till he
became insensible a few months ago, was
a verdict of not guilty.
As to the Assignment Law.
Raleigh, N. C., May 4..
To the Editor of the News and Observer:
I observe an error in the account of
the Evening Vistor of the evidence of
Miss Daisy Branson, as stated by me, as
to the Asignment Law in the case of
Wyatt and others. She simply stated
that the bill was given to her by the en
rolling clerk or some one m his office and
not that it was “slipped" on the table on
which she was writing by any one.
George V. Strong.
Gov, Greenhalge in Norfolk.
Norfolk, Va., May 4 —Governor
Greenhalge, of Massachusetts, accompa
nied by two members of his staff, arrived
in the city early this morning from
Boston and breakfasted at the Atlantic
Hotel, after which they took carriages
for a drive about the city. Later they
went down to Old Point, where they will
remain until to-morrow evening, when
they will take steamer for Washington.
The War in Madagascar.
Paris, May 4.—The government is in
formed that the French forces in Mada
gascar have taken the town of Marro
war after a desperate fight in which the
French troops conducted themselves
with great brilliancy. In the combat
the French lost one sharpshooter killed
and five men wounded. The Ilovas
lost es were very large.
Another Exodus of Negroes.
Sanannah, Ga., May 4.—The steam
ship Horsa which carried a cargo of ne
groes to Liberia, leaving here March
19th, has been chartered to carry an
other crowd from this port. The colony,
consisting of 222 negroes, nearly all of
whom belong to families, will leave Sa
vannah about May 20th for Monrovia.
They are all Chatham county negroes.
Oscar Wilde Released on Bail.
London, May 4.—Justice Pollock this
morning announced his decision as to
the admission of Oscar Wilde to bail. He
has agreed to release Wilde upon bonds
of £5,000, of which £1,250 each shall be
famished by two sureties, and £2,500 by
Wilde himself.
Fulton Gordon’s Trial.
Louisville, Ky., May 4.—Fulton Gor
don, who killed his wife and Archie D.
Brown, son of the Governor of Ken
tucky, was unable to attend court this
morning The trial has been postponed
until Tuesday, May 7th.
RALEIGH, N. C.. SUNDAY, MAY 5. 1895.
THE CYCLONE IN IOWA.
The Damages Will Reach Nearly a
Hundred Thousand Dollars.
Sioux City, lowa, May 4.—Yesterday's
storm in this region originated one mile
northwest of I reton and traveled north
east, a distance of thirty-five miles. It
was about a mile wide and swept every
thing in its path, which was about five
miles northwest of Maurice, three miles
northwest of Sioux Center and four
miles northeast of Hull.
Six school houses were blown to atoms
and three teachers killed and mauy
school children killed, injured and miss
ing. Twenty-seven farm houses were
demolished and hundreds of domestic
animals killed.
The storm jumped about forty miles
north to Sibley, but the damage iu that
vicinity is light. The effects of the storm
will not be lasting as the crops at this
season are not sufficiently advanced to
be harmed appreciably.
This morning shows that the damage
to property to be much larger here than
first reported. Besides the damage to
the carriage works, chair mortising
works, and oat meal mill, half a dozen
houses were carried away and wrecked.
One house was carried over the tops
of trees, across the Sioux river, and set
down without the stoves being upset.
Trees fourteen inches in diameter were
twisted off or torn up by the roots. Five
persons were more or less seriously hurt
in this city. Several other persons were
cut and bruised by flying timbers. No
fatalities are reported in this section.
The damage to property will reach
nearly a hundred thousand dollars. The
cyclone prostrated the telegraph wires
to such an extent that it is impossible to
learn anything new from the desolated
district. None of the rescue porties has
yet returned.
BASEBALL YESTERDAY.
At Brooklyn:
Baltimore. 2 1 2 0 1 0 0 5 2—ll
Brooklyn, 000000000-0
Batteries: Heffer and Robinson; Stein
Grim.
At Philadelphia:
New York, 0 1 0 2 4 1 0 0 1-9
Philadelphia, 0010 02 0 0 7—lo
Batteries: Russie and Farrell, Smith,
Hodsen, Carsey and Clements.
At Boston:
Washington, 02000000 0— 2
Boston, 00003002 x— 5
Batteries: Stoekdale and McGuire;
Wilson and Ryan.
At Pittsburg:
Cincinnati, 1 0000000 I—2
Pittsburg, 01000010 o—3
Batteries: Phillips and Vaughn; Haw
ley and Kinslow.
At Cleveland;
St. Louis, 1 0 0 0 0 0 2 0 I—s
Cleveland, 2 0301000 x—s
Batteries: Staley and Peitz; Coppy
and Zimmer.
At Chicago:
Louisville, 20000000 2 —4
Chicago, 00030004 o—7
Batteries: McDermott and Cole; Grif
fith and Kittridge.
The Southeru League.
At Nashville:
Nashville, 0 0 4 3 3 1 0 0 o—ll
Cbattanocga, 010010 000— 2
Batteries: Moran and Trest: Keenan
and Fisher.
At Portsmouth, 10 innings:
Portsmouth, 01 02 0 00000—3
Lynchburg 1 01000010 I—4
Batteries: Lynch and Quinn; Orth and
Schobet.
Second game:
Portsmouth, 00100000 1--2
Lynchburg, 2 0 1 0 0 2 0 3 o—B
Batteries: Brandt and Vetter; McKenna
and Schobet.
At Evansville:
Evansville, 0 4 11111 6 —15
Atlanta, 00030000 0— 3
Batteries: Chard and Fields; Wood
and Wilson.
At Montgomery:
Montgomery, 1 0 1 0 1 0 9 0 o—l 2
Little Rock, 220210000 7
Batteries: Sproat, Clausen and Rap
pold; Fifield, Morse and Corcoran.
THE SOUTH CAROLINA CASES.
The HearingH ill Hardly be Concluded
Before Monday.
CoLLMiiiA, S. C., May 4.-The hearing
in the South Carolina registration law
injunction cases, involving the constitu
tionality of registration laws is slowly
progressing.
This morning when the court met at
10 o’clock, M. C. A. Douglass, for com
plaints, began a powerful argument,
completely riddling the laws, pointing
out endless points of unconstitutionally.
He also argued at great length upon the
question of the jurisdiction of the court.
There are to be four more arguments,
General Edward McCrady, the framer of
the 1882 law, closing the case on behalf
of the State. The hearing will hardly
be concluded before to-morrow or Mon
day.
While public interest in this case is at
fever heat it does not compare with that
manifested in the hearing of the dispen
sary injunction case, yet to be called. It
is thought that Judge Goff will have a
number of constables before him for con
tempt upoy the calling of the case, be
fore the hearing is proceeded with.
Three Train Robbers Caught.
Springfield, Ills., May 4.—The three
men who attempted to hold up a Chicago
and Alton train, at Carlinville, on Wed
nesday night, and who murdered En
gineer Holmes, were captured this morn
ing at Ilornsley, a small station south of
Carlinville. One of the men bears the
mark of the pick on his forehead, where
Holmes struck him in the fight. The
men were jailed at Carlinville.
SUN’S COTTON REPORT.
The Market Declined Thoughthe Un
dertone is Bullish.
New York, May 4.—Cotton fell 6 to 8
points and closed steady with sales of
56,4000 bales. Liverpool advanced 2to
2 1-2 points, with sales on the spot of
8,000 bales at firm and unchanged prices.
New Orleans declined 5 to 7 points. The
New Orleans receipts on Monday are
estimated at 3,000 to 3,500 against 2,896
last Monday, and 1,731 last year.
The Southern spot markets were general
ly quiet and unchanged. Augusta advanc
ed 1-4 cent. Spot cotton here was easy and
unchanged, with sales of 57 bales for
spinning and 1,192 for export. The port
receipts were 6,553, against 9,447 last
Saturday and 4,856 last year.
The sales at Fall River for the week
are 182,000 pieces of print cloths; stock,
70,000; production, 220,000; deliveries,
241,000; market to-day nominal at 2
13-16 cents.
The Chronicle states that Northern
spinners have taken thus far this season
1,948,588 bales, against 1,367,829 thus
far last season.
The New York warehouse stock is now
207,000 bales, against 230,000, 228,000,
378,000, 132,000 and 116,000 in the pre
vious five years.
To-Day’s Features.
A little long liquidation in a narrow
market caused a decline to-day in spite
of the fact that Liverpool was higher;
that more rain is needed in Texas; that
the crop is late in many sections of the
South, and that the dry goods situation
is very promising. The undertone is
considered by many to be bul
lish, but almost everybody is
awaiting new developments before
going ahead on any large scale on
either side of the market. The
dispute between Russia and Japan seems
not to have been settled, and this is un
doubtedly a disturbing feature at the
present time and would account for the
diminished spot transactions in Liver
pool. Yet there are many advocates of
better prices here and at the South who
have not lost hope by any means, but on
the contrary, look for much better prices
in the very distant future.
CIVIL SERVICE COMMISSION.
Mr. Lyinan Follows Mr. Roosevelt’s
Example and Resigns.
Washington, D. C., May 4.- The resig
nation of Civil Service Commissioner
Lyman is undoubtedly in the hands of
the President, but no official announce
ment of the fact can be obtained from
either the White House or from Mr.
Lyman himself. The latter refuses to
talk upon the subject.
The announcement of the resignation
and the appointment of the new Com
missioner will probably become public at
the same time with the announcement
of the name of Commissioner Roose
velt’s successor. Some years ago Mr.
Lyman appeared before a Congressional
committee to answer a charge of fa
voritism towards a relative and other
accusations connected with his position
as Commissioner.
Two reports were made in which Mr.
Lyman was severely censured, but the
reports never came before the House for
action. Since that time a rumor that
Mr. Lyman would leave the Commission
has been prevalent every few months.
Died From Excitement.
Richmond, Va., May 4.—A Bristol,
Tenn., special says: The knitting and
hosiery factory at Elizabethan, Tenn.,
burned last night. Less #6,000; insur
ance #1,500. During the excitement at
the fire John C. Smith, clerk of the
Chancery Court, and one of the most in
fluential men in the place, dropped dead
as the result of heart trouble. He was
fifty years old.
Two More Victims ol the .Montreal fire.
HjMontreal, May 4. —Seraphine Ce
nette and Delphine Chapul died at No
tre Dame hospital this morning, making
five victims of the McDonald tobacco
factory fire of Thursday of last week.
These two girls jumped from the fourth
story, receiving external and internal
injuries.
Shot Him Five Times,
Newberry, Fla., May 4.— At the
Pellican Phosphate Mine near here to
day Manager J. W. McGrath shot night
watchman Charles Zinck five times,
killing him instantly.
Changes in Insurance Circles.
Mr. Luther A. Myers, formerly with
Messrs. Wilson Bros., of Winston, has
accepted the position of cashier with Mr.
Carey J. Hunter, superintendent of the
Union Central Life Insurance Company
for North Carolina and Virginia.
Mr. Myers comes most highly recom
mended and we welcome him to our city.
Mr. R. S. Tuck, who has been with
Mr. Hunter for several years, takes a po
sition with the company as general agent
witq headquarters at Richmond, Va.
Mr. Tuck leaves many warm friends in
the city, and has won a first-class busi
ness reputation here, and we regret to
lose him.
We pred'et a decided success for him
in Virginia with the Union Central.
Supreme Court.
The argument in Tillett vs. Railroad
was concluded on yesterday.
Holt vs. Warehouse Co., argued by
Fuller, Winston & Fuller for plaintiff;
Dillard & King, Shepherd A Busbee, L.
M. Scott for defendant.
The case of Cook vs. Mears will be
heard on Tuesday, and on Wednesday
the Court will resume the call of appeals
at “End of Docket,’’ beginning with the
case of Balsley vs. Balsley.
COMMITTEE OF ARRANGEMENTS
They Will Meet Daily to Perfect De
tails—Different Chairmen Named.
The Confederate Monument Commit
tee are working with diligence to ar
range for the care and comfort of the
large crowd of visitors that are expected
to be in the city on the day of the Un
veiling of the Monument, May 20th.
Capt. C. B. Denson is chairman. This
committee have met frequently, and
will meet daily until after the 20th. The
place of meeting hereafter will be in their
own office, on the first floor of the Pullen
Buiding, corner of Fayetteville and
Davie streets, at 5 p. m.
This office has been furnished for the
purpose by the Evening Press, and it
will be the headquarters of the Bureau
of Information until May 21st.
The following committees have been
named:
Reception Committee, Col. Thomas 8.
Kenan, Chm.
Military Committee, Maj. Alfred Wil
liams, Chm.
Bureau of Information, Jos. E. Pogue,
Chm.
Veteran Committee, Dr. P. E. Hines
and W. C. Stronaeh, Chm.
Ways and Means Committee, John B.
Kenney, Chm.
Entertainment Committee, Capt. J. J.
Thomas, Chm.
Invitation Committee, Capt. C. B.
Denson, Chm.
Platform Committee, W. E. Ashley,
Chm.
City Transportation Committee, Capt.
8. A. Ashe, Chm.
Music Committee, W. 8. Primrose,
Chm.
Decoration Committee, A. B. Stronaeh,
Chm.
Information Bureau, Col. A. M. Mc-
Pheeters, Chm.
Members of the various committees
are invited to attend the meetings at 5
o’clock every afternoon.
George Allen, Sec’y.
THE PAPER WAS RETURNED.
News About the Hawkins Will—Mr,
Colin Kawkins Has Brought Suit lor
Ten Thousand Dollars.
Between the dissent of the widow,
published yesterday and a suit brought
by Mr. Colin Hawkins, a son, the last
will and testament of the last Dr. W. J.
Hawkins, who died leaving an estate
valued at at least #450,000, may yet be
come badly involved in legal tangles.
The suit brought by Mr. Colin Haw
kins is a comparativelyjnew development.
Summons was returnable to this term of
court but it goes over to the October
term. The reason for this is that the
sheriff could find neither Mr. A. B.
Hawkins or Mr Marmaduke Haw
kins on whom to serve the sum
mons. While the sheriff's deputies
were chasing about town in search of
them, Dr. A. B. Hawkins was on his
way for a several week's trip to Phil
adelphia and Mr. Marmaduke Hawkins
was in Mt. Airy. So the paper„was re
turned and the case had to go over.
The suit, when it does come up, will
be one of great interest. When Dr. W.
J. Hawkins was on his way to Philadel
phia, in a private car, for that last trip
from which he never returned alive, he
drew what was intended to be a codicil
to his will, but which the executors are
advised is really not a codicil. It was
was an order on his executors to pay to
Colin M. Hawkins #IO,OOO within ninety
days after his death. His will proper
had already been drawn here.
THE ISSUE IN THE KITCHIN CASE
It Will Be W hether or Not No Quorom
Voting Means No Quorum.
Ex-Judge Jas. C. Mcßae was seen yes*
terday by a reporter and asked what es
feet, if any, he thought the decision of
the Standford Ellington case would have
on the Kitehin-penitentiary directors’
muddle.
He replied that he . thought that it
would have no effect at all. There were
some issues in the Standford-Ellington
case, he said, which will enter into the
Kitchin case, but these were not vital
issues in the former case.
The main point at issue in the peni
tentiary case, the Judge says, will be
whether or not the fact that no quorum
votea makes an act illegal. There was
a quorum present and veting in the
morning, and the mere fact that a quo
rum was not voting in the afternoon
does not make the law illegal, is what
Chief Rain-in-tbe-Face’s counsel will
contend. Judge Macßae said that as to
a call being made for a quorum, the
journal did not show that there had been
a call, and that the journal had to be
considered true. It cannot be corrected
after the adjournment of the legislature.
OLDTIMEY JAUNT.
A Colorado Man ou the Way in a
Wagon to Settle iu North Carolina.
A party in Colorado has signified the
intention of leaving there in the old
fashioned way—covered wagons—des
tination North Carolina. They say it is
cheaper than paying railroad fare. They
bring stock, household and other per
sonal property.
Every man to his notion—but these
people should take the train, come and
put in a crop this spring instead of
throwing away three mouths on the
road.
Change in Seaboard Schedule.
A change in the schedule of the Sea
board Air-line takes effect to-day. The
passenger train for Weldon, which has
heretofore left here at 12:01, will here
after leave at 11:31, and the Atlanta
special, which left here for Atlanta at
5:22, now leaves at 5:35.
i"SiCE FIVE CENTS.
THE ASSIGNMENT LAW.
Two Important Cases Involving Its
Validity Heard Yesterday in the Su
perior Court—Both Dismissed, and
an Appeal Taken.
Among the cases yesterday before
Judge Starbuck were those of Elias Carr
vs. Octavius Coke and L. R. Wyatt et
als. vs. Wheeler & Wilson Manufactur
ing Company. They were heard together,
and involved the validity of the Assign
ment Law, popularly known as the Hile
man Mortgage Bill.
The former action was brought by the
Governor for himself and all other citi
zens of North Carolina to restrain the
Secretary of State from delivering for
publication the Act to Regulate Assign
ments, etc., upon the ground that it had
never passed the House and Senate ami
that the signatures of Speaker of House
and President of Senate were obtained
through fraud.
The case of L. li. Wyatt et als. vs.
Wheeler A Wilson Manufacturing Com
pany et als. was brought to obtain a
judgment of the Court that the assign
ment law was invalid for reasons similar
to the above.
The plaintiff in the former action was
represented by F. 11. Busbee, Esq.; the
Secretary of State by Messrs. Batchelor
and Armstead Jones. L. R. Wyatt, the
plaintiff in other action was represented
by Messrs. Holding and Strong A Strong.
The National Bank of Raleigh, one of
the defendant creditors filed an answer
to the complaint by their Attorney C.
M. Busbee. Messrs. Argo A Snow re
presenting the firm of Hurst, Purnell A
Co., also one of the defendants, read a
demurrer to the complaint.
Argument upon the demurrer was
opened by ex-Judge Strong, in a speech
of 30 minutes. He was followed by J.
N. Holding who cited authorities in sup
port of the position taken by his col
league.
On the reply, Armstead Jones, Esq.,
was next heard. He argued that the
only proper way to attack the validity
of the act was through the Leg
islature which orignated it, or
the analogy that a judgment of a
court can be attacked only by the court
which delivered it. Mr. Jones was in
terrupted by a statement of his Honor to
the effect that he had a well-defined
opinion upon the subject, and that he
was of the opinion that the argument of
Mr. Jones was well grounded, and that
it could not be attacked as held by op
posing counsel.
Col. T. M. Argo in a brief argument
cited authorities to support the ground
that the court could not go back of the
ratified act itself to impeach its validity.
F. H. Busbee followed, and contended
that no case had been cited in any re
spect analogous to the case at bar, for
tne reason that they were decisive of the
point of amendment and that no allega
tion of fraud had been made; that it was
the duty of the court to inform itself by
any means within its power to decide
upon the question of the existence of the
statute: that it was a mockery to say
that the court should be blind and pow
erless to protect the public from the mis
conduct of the enrolling clerk.
Mr. Busbee made a ringing speech of
a few minutes upon the facts of the case
applying the law as cited by the pre
ceding counsel.
Further argument was cut short by
the announcement from His Honor that
his mind was firmly made up, and furth
er argument, while it might serve to
change him, yet he thought would be
unnecessary. Judgment was according
ly rendered, dismissing the actions, upon
the ground that evidence going back of
the act itself to impeach its validity or
existence was inadmissible. Notice of
appeal was given.
GOVERNOR CARR’S INVITATION.
Letters to be Sent to the Governors of
the Different States.
Governor Carr has addressed the fol
lowing letter to the different Governors
to be present at the unveiling of the Con
federate monument on May 20th:
State of North Carolina,
Executive Department,
Raleigh, N. C., May 4.
His Excellency, ,
Dear Sir:—lt gives me pleasure to ex
tend to you and your staff officers, line
and personal, a cordial invitation to be
present and participate in the ceremonies,
consequent upon the unveiling of a mon
ument in this city on the 20th of May to
the memory of our Confederate dead.
The occasiou will be in keeping with
the deeds of the gallant dead whose valor
and bravery it commemorates; and while
to us as a State it will be a monument to
the one hundred and thirty thousand
sons, furnished by North Carolina, yet
it will stand as a tribute from this State
to every soldier who gave up his life in
defense of the principles on which the
Southeru Confederacy was founded.
It is peculiarly gratifying to be able to
invite the Governors of the Southern
States to participate in these ceremonies,
and the people of North Carolina will be
pleased if your Excellency will honor
this occasion with your presence. Our
soldiers fought side by side with those of
your honored Commonwealth, and we
desire that your State shall be represen
ted and with us participate in doing
honor to tho memory of the Confederate
dead.
During your stay in our capital city I
desire that you will accept the hospitality
of the Executive mansion and be my
guest.
With sentiments of the greatest ro
spect and esteem, 1 am,
Very truly yours,
Elias Carr,
Governor.