VOL. XXXIX. NO. 13
SENT TO THE ROADS
THE LEADER OF TIIE WINSTON
.MOB SENTENCED FOR
SIXTY DAYS.
SPECIALTERM OF COURT ORDERED
And All the Cdses Against the Rioters
\\ ill be Disposed of Next Week—The
State is Represented by Four Law
yers Besides the Solicitor—Many of
the Accused Men Have uo Counsel-
Prominent W ltnesses Examined—A
New Court House Recommended.
Special to tlie News and Observer.
Winston, N. C., Aug. 17.
Iu the trial of Sunday night’s rioters
the State is represented by four able
lawyers, besides the Solicitor. Several
prisoners have employed counsel, bnt
maty of them have none.
Among the witnesses examined for
the State to-day were Mayor Gray,
Sheriff McArthur and Lawyer C. B.
Watson, who gave damaging testimony.
The State sought to establish by these
witnesses the fact that there was an un
lawful assembly. Several of the pris
oners were identified as being
present at different periods of
tne trouble, some of them displaying
pistols and guns. It was shown by the
witnesses that the stubborness manifested
by the mob was remarkably foolish in
refusing t > disperse after the conserva
tive wari i lgs, and the assurances given
them by officials and well known citizens
Their folly was emphasized by a fact
brought out in Mayor Gray’s testimony
He was told that the negroes feared that
Tuttle would be lynched by people from
the country, and that they had been in
formed that a lot of horses were tied in
the pine woods in the west end, where
upon the mayor sent the chiet of police
with one of the negroes to the west end
in order that they might be satisfied
that the report was untrue. Even
after this the mob persistently re ;
fused to disperse.
Gov. Carr, this afternoon, having or
dered a special term of court for the
trial of the rioters, all of the cases will
be disposed of next week.
Micajah Watts, one of the leaders of
the mob, was sentenced to the county
roads for six months this afternoon for
having a concealed weapon on the night
of the trouble.
In the report of the grand jury to-day
a strong recommendation was made for
the county to build a new eourt house.
In calling attention to the report Judge
Brown announced that the county com
missioners could build one without a vote
of the people and it was their duty to
have it constructed.
It was learned to day that Martinsville
has raised her quarantine recently in
stituted against the smallpox district in
Patrick county, Virginia. There have
been no new cases for several days and
the physicians say the disease is com
pietely under tbMr control.
SI'NDAY SCHOOL CHATAI QLA.
The luterest Unabated and Many
Prominent Delegates Arrived.
Special to the News and Observer.
Bed Springs, N. 0., Aug. 17.
From early noon till late at night the
rain fell in heavy showers during yester
day, but it did not prevent the Sunday
School Chatauqua services, cor over
two thousand people attending same.
Friday morning’s session was opened
by Rev. John Gough, of S. C.
An address on “Dont’s in Sunday
School Work,” was happily delivered by
Col. T. F. Toon, of Lumberton. He was
followed by several suggestions by differ
ent persons.
Mrs. T. D. Wray. formerly of Raleigh,
but now of Columbia, S. 0., gave prac
tical illustration in teaching a class of
adults, the lesson for Sept. Ist, ‘ Fall of
Jericho.” Many were the expressions of
pleasure upon the method of doing this
important work.
Mr. 8. P. Smith, of Charlotte, gave a
normal blackboard lesson on “Books and
Authors of the Bible,” which was very
instructive and helpful.
“Methods of Work - ' was considered
conversationally, led by the president,
and valuable hints and suggestions given
by a great many of the members.
At 3 p. m. the orchestra gave a sacred
concert of vocal and instrumental music.
Prof. Rut bush, of Maryland; Profs.
Remsburg and Sheetz of Fayetteville,
and Mr. W. Frank Blount, of Hope
Mills, assisted by others of the musicians,
made the occasion one of fine entertain
ment.
At 3:30 Dr. Rominger gave a practical
illustration of “Ideal Teaching,” using
the lesson on “The Brazen Serpent.”
This was followed by an address on
“Giving—How to Secure Contributions
and What to do With Them,” by Rev.
Mr. Rankin, pastor of tho Presbyterian
church of Red Springs. He was followed
oh the same line by several short
speeches.
Rev. Dr. C. E. Taylor, Prof. F. P.
Hobgood, H. A. Dockery, Esq., and Con
gressman Shaw, of this district, aud
other prominent geutlcmcn were in the
audience this afternoon.
At night, instead of services at the
Tabernacle, an impromptu entertainment
was given at the Hotel Townsend, con
ducted by Mrs. Marshall, one of the sum
mer visitors. The talent of residents
and visitors was called on, and for
two hours the audience were most
delightfully held with instrumental
music, duets, quartets, solos, recitations,
Ac. Congressman Stfbw opened the ex
ercises by a brief address of welcome to
the Sunday School workers, aud express
ions of his own high enjoyment of the
Chatauqua.
Among those of our Raleigh ladies who
took part in the concert were Miss Olivia
Barkley and Miss Rose Broughton in a
quartet, and Miss Maggie Moring with
violin solo.
The entertainment was really one of
the most delightful that we have atten
ded in a long time.
During last night the residence of Rev.
Mr. Moore, of this place, took fire and
burned down.
The News and Observer.
WE [UMMESTT ©OGBCOTILMTOK] GDF MM TOlKirffl] GBAiMILOKIA OMOUfn
RANSOM WILL BE REAPPOINTED
And He will Return to Mexico the
Last ol August.
Special to tlie News and Observer.
Washington, I). C., Aug. 17.
There is naturally much discussion
here among North Carolinians over the
decisio.: of Hon. Holmes Conrad, Soliei
tor General of the United States and
acting Attorney-General. Mr. Ransom’s
incumbency was declared to be contrary
to the Federal constitution, and the act
ing Attorney-General sustained the ac
tion of Mr. Thomas Holcomb, Auditor
of the Treasury for the State Depart
ment, in declining to pass favorably
upon Mr. Ransom’s vouchers for salary
and expenses.
The decision of the acting Attorney
General was based on a question raised
by Auditor Holcomb as to the legality of
Mr. Ransom’s appointment to the Mexi
can mission, iu view of the existence of
section 2, article 6, of the Constitution,
which declares that “no Senator or Rep
resentative shall, daring the time for
which he was elected, be appointed to
any civil office under the authority of
the United States which shall have been
created, or the emoluments whereof shall
have been increased, during such time.”
This provision apparently fitted the case
of Mr. Ransom for he was nominated by
President Cleveland and confirmed by
the Senate before his term of office as
Senator of North Carolina bad expired,
and during that term the salary of the
Mexican mission had been increased
$5,000 a year.
Mr. Ransom was elected to the Senate
in 1872, and served continuously from
April 24th of that year until February
23rd, 1895, when his nomination to the
Mexican mission was sent to the Senate
and immediately confirmed by that body,
and until the 4th cf March, when his
term expired and his commission as
Minister to Mexico was signed by the
President. He was a member of the
Senate when the diplomatic and consular
appropriation bill was passed, which
contained a provision raising the post of
Minister to Mexico from a mission of the
second class to a mission of the first class,
and increasing the salary of the office
from $12,500 to $17,500 a year. It is
due to Mr. Ransom’s occupancy of a
seat in the Senate chamber at that time
that he is to-dav without an office and
that he is technically a debt *to the
government for the amount of a. iry he
has drawn since assuming his diplomatic
post. Whether or not he voted in favor
of the increase is of no consequence; the
fact that he was a member of the Senate
when it passed the diplomatic aud con
sular bill as stated, operated against
him in holding in a legal manner any
Federal civil office “which shall have
been created, or the emoluments whereof
shall have been increased during the
time for which he was elected Senator.”
It is believed that the President will
reappoint Minister Ransom, and provis
ion will be made for che payment of his
salary while he has been the de facto
min ser by the next Congress. The
President’s commission will run until the
Senate shall have acted on Mr. Ransom's
nomination, which will be sent in early
in December. Until Mr. Ransom re
eeives this recess appointment, the United
States will be represented at the Capital
of Mexico by Mr. Bntler, who was regu
lar y designated and recognized as
Charge D’Affaires at the time of Mr.
Ransom’s departure for home, a few
months ago.
Although the opinion of the Depart
ment of Justice in regard to Mr. Ran
som’s case bears the signature of Soliei
tor General Conrad, it is understood
that the opinion was approved as sound
by Attorney General Harmon and Sec
retary Olney before it was officially ren
dered. Attorney General Harmon’s
reeent visit to the President at Gray
Gables is believed to have relation to this
case, and it is said that it was then con
cluded that the best way out of the legal
entanglement was the issue of an entire
ly new* commission to Mr. Ransom.
It is understood that aside from the
inconv- niecce which will be occasioned
to Minister Ransom by the failure to re
ceive his salary promptly and the neces
sity for his re appointment, there will be
no* other complication attached to the
decision.
Mr. Ransom has understood for six
weeks that’the Solicitor General’s decis
ion would be against him, and while he
was forewarned to this effect he
was notified at the same time that
as soon as practicable after the
decision should be rendered he would
be re-appointed. It was the
knowledge of the effect of the decision
which has caused Mr. Ransom to remain
in this country as long as he has, but
the assurance of his re appointment has
been made so plain that he has made all
preparations to return to Mexico towards
the close of the present month. The
provision of the Constitution under which
the Treasury refused to audit and allow
his account will not apply to a re-ap
pointment, and there will be no further
difficulty in the matter.
* * *
Edward H. Hunter, of Raleigh, who is
a clerk in the Land office, has been pro
moted from s<»uo to S9OO. Before com
ing to Washington he was principal of
one of the colored schools in Raleigh.
'l* 4 *
Walter L. Smith has been appointed
postmaster at Dan River, aud Florence
T Lee at Reynoldson.
CORN LIQUOR CAUSED IT ALL.
A Drunken Frolic Ends in a Fatal Duel
Between Moonshiner*.
Asheville, N. 0., Aug. 17.—News of
a fatal shooting and cutting affray that
occurred Tuesday night on Bull Creek,
a wild section of Madison county, has
reached here. Zeb R. Whitt was shot
and killed instantly, while Jeff Mace,
who, it is said, killed Whitt, was cut so
, badly that he will die.
The fight occurred at a drunken frolic
where mooushiue whiskey was plentiful.
It is thought there are several illicit dis
tilleries in the neighborhood.
It is also reported that a deputy sheriff
of Madison was killed while arresting
[ some of the parties, but the report has
not been confirmed.
RALEIGH, N. C.. SUNDAY. AUGUST 18. 1895.
A GUY FAWKES PLOT
ANOTHER CONSPIRACY TO
BLOW UP BOTH HOUSES
OF PARLIAMENT.
BY THE TURKISH ANARCHISTS
Manager of an Enslish Lithographing
Company Arrested lor Publishing a
Turkish Weekly Paper in Which So
cialists and Others were Called I pon
To Combine to Blowup the Houses
ol Parliament Upon the Opening
Sessiou--Mr. Harrity Interviewed.
[Copyrighted by the Associated Press.]
London, Aug. 17.— Ever since Novem
ber 4, 1004, when a certain Guy Fawkes
and others engineered such a scheme,
but were detected and hanged, the possi
bility of a plot to blow up the Houses of
Parliament has been one of the pet scares
of British officials, and regularly, year
after year, ever since, the vaults of the
Houses of Parliament, previous to the
re-assembling of that body, are formally
searched for powder barrels with old
time ceremony and acuteness.
This year, however, there was some
little show r of cause for the apparently
unnecesary precautions taken, for with
the opeiing of Parliament comes the
disci very, real or imaginary, of a scheme
to send the Commoners and Lords unex
pectedly skyward in a body. W 7 hether
the story be true or not, the afternoon
papers yesterday made quite a sensation
out of the affair and the inhabitants of
this great metropolis have not done talk
ing about it.
Simmered down to cold facts, it ap
pears that there was some foundation
for the report, and it rested upon the fol
lowing basis:
Some few weeks ago the manager of a
local printing and lithographing com
pany was asked by a foreigner described
as “dark looking and mysterious,” (of
course) to lithograph a weekly paper for
a Turkish company. As no knowledge
of the Turkish language was necessary
for the job, the manager of the English
concern undertook the contract, and
lithographed thousands of copies of the
Turkish weekly, the paper being mostly
3ent abroad. *A few days ago, however,
two detectives from Scotland Yard called
at the lithographing establishment and
asked the manager if he was aware that
he was suspected of being engaged in a
plot to blow up the House of Parliament
and that his visitors hailed from Scot
land Yard.
In reply to the unfortunate manager’s
protests of innocence, the detectives ex
plained to him that he had been printing
in the guileless looking Turkish weekly
red-hot anarchistic literature calling
upon socialists aud others to combine for
the purpose of blowiDg up the Houses of
Parliament upon the occasion of the
opening session. One article actually
stated that sixteen men were really on
their way to England from various
points, in order to make the necessary
arrangements
In spite of his protests, the terrified
manager was escorted to Scotland Yard,
where he was examined by the chief of
detectives and a police commissioner.
To these officials the manager explained
all the circumstances of the case, and
was allowed to go upon promising not to
lithograph any more Turkish weeklies
without first ascertaining the nature of
their contents.
According to the Globe, the police first
got wind of the affair owing to the boast
ing of some London anarchists. i
Queen Victoria aud Emperor William
Facts, which have now leaked out re
specting the meeting of Queen Victoria
and Emperor William of Germany at
private parties given by her Majesty at
Osborne, during the Cowes regatta, show
that the cordial relations, which had
been ruffled by the Emperor’s failure to
consult the Queen regarding the present
Czarina’s engagement to the Czar, have
again been restored, and the coolness
has quite vanished.
During the dinner at Osborne the con
versation of the two sovereigns was
most animated and affectionate, those
present noticing especially the great ten
derness which the Emperor displayed in
assisting the Queen to rise after dinner,
and the gracious manner iu which she
accepted his help.
The Coming Yacht Race.
As the date for the races for the Amer
ica’s cup approaches, interest in Val
kyrie 111 and the performances of De
fender increases. The brief cable dis
patches from New York, published
in the English newspapers are
eagerly read aud much discussed. There
is no doubt that the yachtsmen
here are far from feeling confident that
Lord Dunraven’s yacht will bring the
cup back to England; but it is generally
admitted she has a better chance to do
so than any of her predecessors. Nat
urally, the greatest interest of the ex
perts centers in the question whether
Valkyrie 111. will or will not have to al
low the Defender time, and therefore,
there was much disappointment when it
was announced that the measurements
of the cup of the Defender will not be
known until shortly tie fore the first race.
The contest between Mr. K. S. Pal
mer’s American cruising schooner
Yampa aud Frederick Will’s British
cruiser Amphitrite, on Wednesday last,
off Cowes, created a great deal of
interest here. Yampa, though beaten,
was generally admired.
The Yachtsman says :
“The picture presented by Yampa,
with every stitch of canvas she can set
off the wind, is ouo that makes our
boasted cutters sink into insignificance.
The Britannia could never make so fine
a picture.”
TrilPyJDoesu’t go iu England.
The publishers of I>u Maurer’s cheap
edition of “Trilby” are makiug deperate
efforts to force the sale of the novel
which had so extraordinary a sale in
America. In spite of this fact, however,
the story does not seem to have hit the
■ popular idea of an entertaining book for
, the English public,
i An Interview With Mr. Ilarrity.
Mr. Wm. F. Harrity, chairman ot the
Democratic National Committee, sails
for New York shortly after having coue
England, Ireland and Paris. He is
much improved in health and takes a
sanguine view of Democratic politics.
In conversation with a reporter of The
Associated Press he said :
“With the great work the Democratic
administration is doing for ‘sound mono}’
good times are returning and will eon
tinue to improve, for which the Demo
crats will get credit. The next Republi
can House is sure to encounter compi ca
tions.
“I really do not believe Mr. Cleveland
would take a third rm. There is uo
pronounced candidate for the Presidency
among the Democrais, rot because the
chances of his election ate no good, >ut
because it is too early for candidates to
appear. Mr. Wm. C. Whitney is the
most talked of. I see he says he is not
a candidate. Mr. Whitney is human
aud he would make a splendid candidate.
“My best information is that the Dem
ocrats are going to get together and carry
New York next November. That will
encourage the Democrats of other Slates.
We shall, therefore, go into the cam
paign full of enthusiasm. With the re
turn of good times the tree coinage of
silver agitation will die out and good
times mean a Democratic victory in
1896.”
LOC A L MINISTrRS’ CON FI IIEM E
A Wab’ensiau Minister Tells the His
tory of His People.
Special to the News anti Observer.
Rutherford College, N. C.,Aug 17.
At the morning session of the L oal
Ministers’ Conference now in session
here, much routine business was finished.
Rev. Barth Sober at 11 o’clock delivered
the expected address on the Walden
sian colony, located at Valdese Depot,
two miles from the college. The colony
has thirty-six families and their history
is an inspiring story.
At 2p. m. the Conference went into
election of officers for the ensuing year,
resulting as follows:
W. P. Williams, President; J. A.
Reagan, D. I) , First Vice-President;
Isaac N. Maun, Second Vice-President;
Arthur T. Abernethy, Third Vi' e Presi
dent; Levi Branson, i>. D., Financial
Secretary.
The next Conference is to be held at
Rutherford College in August, 1896.
ex-Governor Thomas J. Jarvis accepted
the invitation, and takes part in Dr.
Abernethy’s memorial services at 4 p. m.
Snnday. Sunday will be the great day
of the Conference.
GOLDSBORO IN IT TOO.
Its Tobacco Market will be Formally
Opened Sepjember 10th.
Special to tlie News and Observer.
Goldsboro, N. C., Aug. 17.
Now that Kinston has a tobacco mar
ket, Tarboro will soon open up on a big
scale. The enterprising, pushing busi
ness men of Goldsboro do not intend to
be left, A warehome 95 by 200 feet is
now being built to handle the large crop,
which will be raised in that section this
year. It is estimated that tobacco Q-m
1,500 to 2,000 acies of land within a
radius of ten to twalve miles around
Goldsboro will be sold this year.
Work is going on as rapidly as possible
to finish the warehouse by the tenth of
September, and as well as a big break on
tnat day, a free barbecue dinner will be
given, also a big german that night.
Workmen will begin soon to erect prize
houses. A large number of buyers will
be on haDd, and all who are interested
in the market say they are determined
that the tobacco sold on the Goldsboro
market shall briDg as high a price, sc
cording to the grade, as it would sell for
on any other market in the State.
H. B. H.
HOW THE VOTE STOOD.
The Filly-Year Proposition Defeated
By a Vote of 6 to 4.
Special to the News and Observer.
Burlington, N. C., Aug. 17.
I learned officially last night how the
vote stood on the ninety-nine year clause
in the Southern lease, and tried to get it
through, but the telegraph office at Ral
eigh was closed.
A motion was made to make the term
ninety-nine years. An amendment was
offered making it fifty years. A viva
voce vote was taken on the amendment,
with responses for and against it. A di
vision was called for and the following
was the vote on the amendment:
Ayes—Messrs. Overman, Young,
Spruill aud Turner- 4.
Nays—Messrs. Hoke, Morehead. Fries,
Johnson, Maxwell and Allison— 6.
Mr. Alexander was in the chair aud
did not vote. This was the test vote
which killed the fifty year proposition,
and then the ninety nine year clause was
adopted. A term shorter than fifty years
was not seriously considered.
F. B. Arendf.ll.
BASERALL VESTEKDAV.
At Philadelphia: «• *•
Philadelphia, 3 l) 4 1 0 5 0 2 2—17 21 2
Boston, 01100 032 0— 712 2
Batteries: Orth and Clements; stivetts,
Dolan, Sexton and Ryan.
At Cleveland: R- h. k.
Cleveland, 0 3 3 0 0 00 0 *— 0 11 0
Cincinnati, 0 00000000—0 4 3
Batteries: Young and McAleer; Parrott
and Vaughn.
At New York: n. n. n.
New York, 1 0 1 0 0 0 0 0 0— 2 4 3
Brooklyn, 00300 000 1— 710 1
Batteries: Itusie and Farrell; Daub and
Dailey.
At Chicago: R* h. e.
Chicago, 11 002021 *— 7 12 2
Pittsburg, 2 0 0 0 00 0 0 07-211 5
Batteries: Hutchinson and Kittridge;
Foreman and Merritt.
At St. Louis: R. h. e.
St. Louis, 0 1 2 00 2 0 7 *-12 IS 4
Louisville, 0001 2 11 i2S 13 3
Batteries: Khret and Piotz; Woyhing and
W arner.
At Baltimore:—Postponed.
HIS PARDON CAME TOO LATE
A North Carolina Counterfeiter Dies in
the Penitentiary at Albany.
Albany, N. Y., August 17.—John
Honeycutt, aged twenty two, the coun
terfeiter, died in the penitentiary to day,
a victim of consumption. He was born
at Fort, Stanly county, N. C., and was
convicted January, 1894. He was par
doned out last week by President Cleve
land, but was not able to undertake the
journey home
THE STATE GETS LESS
WITH THE STOCK AT MO,I TIIE
STATE WOULD GET ONLY
I.BG PER CENT EVEN
UNDER A 50 YEARS
LEASE.
UNDER THE OLD, IT GOT OVER SIX.
Under the Thirty Years’ Lease at DO,
the Stale Got 0.70 Per Cent—Should
the Stock Go to 200 Under This 09
Years’ Lease, the State Would Get
not More Than 3 Per Cent., Thus
Combatting Alexander’s Idea—Opin
ions in this City and Justice Bynum’s
Views as to the Power of the Direc
tors to Lease.
With a few exceptions yesterday, the
indignation was outspoken at the action
of the directors in having, Friday night,
leased for ninety nine years the North
Carolina Railroad to the Southern Rail
way. Tlie word lease was not used in
most instances by those condemning the
action, for a ninety-nine years’lease is
considered both in business and legal
parlance to be a sale, and nothing less.
But the expression of the people did not
stop at indignation; it weut further iuto
a search of the remedy against the doing
to see if there could not be some way by
which it could tie undone.
Suggestions toward such an end took
different forms, but were in the main the
same. It was conceded by several law
yers that an action by a stockholder to
annul the contract would bring the mat
ter properiy before the court, and this
may be done.
The average statement embracing the
sentiment above referred to, may be
found in what was said by Mr, Wesley
N. Jones:
“I do not know” said Mr. Jones
“whether the lease of the North Caro
lina Railroad is a hard bargain for the
State or not. If it is, under the cir
cumstances, the people of the State
ought not to allow the contract to stand
without an effort to have it rescinded.
If the consideration is as grossly inade
quate as is indicated in thi3 morning
paper, compared with the lease of other
roads, the contract ought not to stand.
The directors are men of high character.
They ought not to be condemned with
out hearing their side of the matter. It
3eems to me there was too much secrecy
about such an important affair and the
leas* comes as a surprise to the public
for whom the directors are acting for the
most part. But what I desire to say is
simply this—that if the directors have
leased the road for 99 years for a grossly
inadequate consideration their contract
can in my opinion, under the circum
stances be rescinded by the courts and
ought to be. Whether the consideration
was grossly inadequate I do not know,
but if it is the courts can deal with the
matter in my opinion, and if they can’t
what are they for?
The directors are but trustees "o man
age the property not to sell it and
this lease for 99 years is practically a
sale. In the original charter of the
North Carolina Railroad the directors
are given the power to farm out the
road, but no such power was contem
plated or given as was exercised at Bur
lington yesterday by the directors—cer
tainly not without consulting the cestui
qui trusts or bent ficial owners, who are
the private stockholders and the people
of the State at large. This was not
done. In fact the lease was made rather
secretly, and that too in the face of the
protests of the people of the State,
whether wise or otherwise. If there is
anything wrong about this lease it ought
not to stand. I hope the light will be
turned on fully.”
The people, really, were so much in
the dark concerning the doiugs of the
directors that they were at a loss how to
discuss the whole matter intelligently,
but upon one thing all were agreed,
namely, that the leasing of the road
either for ninety-nine years or for fifty
years was out of the question, and even
the few that might have been averse to
a thirty years lease under proper condi
tions, were outspoken against the man
ner in which the whole negotation was
consummated. For against the express
wishes of the people, there had not been
so much as a whisper from their
agents explaining the basis of what
would be the probable outcome. One
gentleman, of high character and re
sponsibility in this city, took the ground
that the plans should have been made
public before any action.
But the remedy : that was uppermost
in the minds of most. Can anything
now be d me? Aud iu this connection,
section 19 was looked up in the charter,
under the nominal authority of which the
directors let the road go.
S- ction 19 reads as follows : “That tlie
said company may, when they see tit,
farm out tbeir rights of transportation
over said railroad, subject to the rules
above mentioned,” Ac.
Tlie express power to lease under this
section is denied by many, and was de
nied by Bynum, J., in 72, N O , p. 634,
in the case of the State of North Caro
lina vs. the Richmond and Danville
Railroad Company. The court, Judges
Pearson, Reade aud Settle, delivered the
opinion that this section authorized the
lease. Judge Rodman did not sit because
he was a stockholder in the road, while
Judge Bynum, in one of the ablest opiu
ions he ever wrote contended that the
[lower “to farm out the right of
transportation,” did not confer the
right to lease the corpus thereof
saying, “in the opinion of the court, it is
held that tlie power to farm out the right
of transportation over a road is the
power to lease the road itself, and under
ibis limited aud specific graut, that the
company can iu the words of the deed
of lease ‘demise, let, hire, and form out
the entire railroad with all its franchises,
rights of nans port atioa, works and
property, including its superstructure,
road lied and right of way, depot,
houses, shops, buildings, fixtures, en
gines, cars, and all franchises belonging
thereto.’ To me this appears to be an
immense structure erected upon a slen
der foundation, and needs at least a
single decision or authority to maintain
it. A right of transportation over a
road is one thing, and the road itself
with its engiues, shops and property is
certainly another, aud there can no more
be confounded than rent can be with
the land out of which it issues. One is
a right of passage over the corpus, the
other, the corpus itself. A lease of the
road would carry the right of transpor
tation as an incident; but the
right of transportatiou would not
carry the road, for if so every
wagoner at a toll g.rte, who buys
a ticket over a turnpike for . a
year or a term of years, thereby ac
quires a lease of the road aud its man
agement. Nothing is more common than
for all roads, with connecting lines, to
farm out the right of transportation
over their lint s, and in this day of close
connections and rapid transit, the prac
tice is indispensable to successful busi
ness. We every day see this right farmed
ont to express companies, and by one
company tor tne cars and freight of an
other, and for special purposes.
* » ******
“But it is perfectly clear, that without
a power to that effect in the charter, a
a railroad company can neither make a
voluntary sale, lease or mortgage any
more than it can bank, insure or deal in
stocks.
. * * * *
“Public law so well settled and recog
nized at home and abroad should not be
overthrown by the mere construction of
words on a charter, of ambiguous and
doubtful meaning; but on the contrary,
should coutrol tbeir construction accord
ing to every rule of interpretation.
“The rapid multiplication of these
bodies, their resources and far reaching
ambition, their übiquity and vast com
binations, all moved *and directed by
concentrated power and talent, consti
tute them a distinct and almost inde
pendent and overshadowing power in
our governments, and in fact the great
social and political problem of the age,
whether they shall control governments,
or governments shall control them, are
questions that are forcing themselves
upon public attention, and fast assum
ing practical importance. They should
and will be maintained in the
exercise of all their essential and
legitimate powers, as necessary and
useful institutions of modern civiliza
tion. But if in addition to the danger
ous power of transferring all their pro
perty and franchises to any body and
anywhere, it should also be held that
their corporate powers are ouch contracts
as put them beyond the reach of all
legislative checa. or control in the inter
est of society, then the problem will
have been solved. The government, in
my opinion will have abdicated its
sovereignty, heretofore supposed to lie
inalienable, and society will be left with
out protection to chartered irresponsi
bility.
4 4 4 4 4 *
“My conclusion upon the whole case
is, that the North Carolina Railroad
Company had no right to change the
gauge and its assignee acquired no right
to change it; and furti that tho lej:se
is ultra vire and void. For although the
right of transportation over tne road is
the subject of lease, the lea.se as made
cannot be good in part and bad in part,
because it is impossible to separate the
good from the bad and to apportion a
rent given in solido. I therefore think
the judgment of the court below should
have been affirmed ”
If this question were brought before
the Supreme Court as at present consti
tuted, whit would be the decision?
Would a majority of the Court take the
same view as did Judge Bynum in the
above opinion ? There are several an
swers to this question.
Following the lease by the directors,
the stock advanced yesterday, 4 points,
to 110 bid. It is firmly believed that
with the future fairly in sight for the
North Carolina Railroad, a lease running
ninety-nine years should gradually run
the stock certainly to 150, and many say
that under such a lease the stock would
in the course of a few years be worth
200. This would, doubtless, be nuts for
the p: ivate stockholders who no doubt
look upon the lease as a gilt edge busi
ness transaction, as they could be trad
ing all the time in it to their advantage,
and, if not, they could see their holdings
gradually double in value. Aud this,
they say, would be true for the State,
also, but if the State retained possession
of the road and of its stock worth 200 on
which it was receiving 7 per cent, the rate
of interest that would be realized by the
State thus holding the stock for 99 years
would not amount to 3 per cent. At the
rate the stock is now selling, 110, even if
the lease were for 50 years only, the
rate of interest realized would be only
6 34 per cent : at 120 for fifty years, it
would be 5 77 per cent.; 130, 5.29 per
cent.; 140, 4 86 per cent., and so on, so
that the State, being a constant holder
and not a trader in this stock, will not get
the rosy returns which appear on the Dice
of the lease. So that President Alex
ander was mistaken when he said in his
telegram to the governor: “the lease is
much more favorable than the old one.”
For the old lease bearing 6 per cent, for
30 years, even putting the s ock all the
time at 100 (and there are few
who do not remember when it was in
the eighties) would realize to the state
oniy 6 per cent, or 1.14 per cent, less
than if the stock sold at 140 on a lease
even of 50 years. So that Mr. Alexander
mightjmake his figures over again.
But figures or no figures, the public
would like to be taken into the confi
dence of the directors just now as to
their property, aud in the failure to be
convinced that the State is not getting
all that should reasonably be expected
from this rich profit-bearing and grow
ing road, it may be in order for those
who have been so unnecessarily ignored
to invoke the aid of the law. with the
hope that the present court may see the
matter as did Judge Bynum in his above
quoted dissenting opinion.
The Observer is the name of a neat
and attractive new soul-weekly and
weekly publication just begun in Wilson
by L. E Barnes ami J. E Barrett. It is
neat iu appearance and full of bright
matter. Success to it!
PRICE FIVE CENT?.
ALAMANCE GLEAMINGS
ECHOES OF THE l* AST AND PRES
ENT FROM THE LAND OF
SPINDLES AND LOOMS.
BURLINGTON, GRAHAM, HAW RIVER
Three Towns That are BtiiUtinu luto
One and That Will be a Hie One-
Industrial Activity and Genuine
Hospitality--Fine Farms and Fine
Stock -Handsome Men and Beauti
ful Vi'omcu—Junita Cotton Mills,
Stair Correspondence News and Observer.
Burlington, N. 0., Aug. 17.
Alamance county is rich iu resources
aud reminiscences. Its soil drank up
the first blood that was spilt in the revo
lution and its water turned the first cot
ton mill that made a yard of colored
goods south of Mason and Dixou’s line.
It was early in the year 1771 when
a band of brave regulators met
a regjment of Tories at a point near the
southern borders of the county, and with
a determination as firm as the Hint,
whose sparks ignited their powder, tired
a volley into the Tory ranks, the sound
of which echoed about the Courts of
Britain’s King. Some days ago iu com
pany with Mr. L. Banks Holt, of Gra
ham, 1 had the pleasure of driving over
this historic ground. Near the
road, in the shadow of a.
virgin oak forest stands a modest
granite shaft, on one,side of which is
carved “Battle of Alamance,” on the
other side is the bold proclamation, “The
first battle of the Revolution.” Histo
rians may cail it a skirmish, or even for
get to mention it; but the mounds near
by, under w hich sleep the remains of the
Tory victims of that battle is history
written on imperishable fabric, and which
dedicates forever this spot as the real
birthplace of American freedom and in
dependence.
Other battles have been fought here,
but they have been battles of peace.
A short distance from the old battle
ground was the home of the late Edwin
M. Ilolt, the pioneer plaid maker of the
South, adjoining this is the beautiful
country residence of Mr. Banks Holt,
surrounded by a nine hundred acre stock,
grass and grain farm, on the green hills
of which graze herds aud droves of
blooded horses, fine cattle and
fine sheep and swine. A mile
away on the Alamance river
stands the old Alamance Cotton
Mills, whose looms have been banging
away on the famous “Alamance plaids”
for more than fifty years.
Graham ami Burlington.
Graham is just two miles frim Bur
lington, or Burlington is just two miles
from Graham, I don’t quite know which.
It makes little difference, however, for
the way these Graham and IfurliDgton
people are spreading 011 L these
two miles will soon be obliteiJßed and
the factories and houses and^BAeytff
the Oneida Mills, the Sidney
Aurora Mills, the Windsor Mills, the E.
M. Holt Plaid Mills, the Elmira Mills,
the Lakeside Mills, with their thousands
of opmdles and looms and operatives all
singing the song of profitable industry
and with other mills building
and still others projected, the
time is hurrying on when this two-mile
road w.ll baa two mile street, and Bur
lington will be Graham and Graham
will be Burlington with Haw River gal
loping westward to joiu the union.
Haw River,
There are many places in this great
old State where you find a very
delightful blending of industrial
actively and genuine old fash
ioned Southern hospitality. Haw River
is distinctively one of these places. The
business activity here is the kind that is
so rapidly building up the South, and the
hospitality is that kind that lifts the
latch of the heart as well as the home
and sweetens the breezes with genuine
kindness. Haw River as every
body knows is the home of ex-
Governor Thomas M. Holt, and the habi
tation of his extensive cotton mills the
Granite Manufacturing Company; the
T. M. Holt Manufacturing Company and
the newly organized Cora Manufacturing
Company.
I find here also Haw River’s new aud
valuable citizen Mr. A. W. Haywood
busily engaged in the prosecution of the
new duties that have come to him as the
co owner and co-manager of the cotton
factories. Mr Haywood seems already in
easy control of his new work in its every
detail and is a valuable acquisition to
Haw River’s business and social life,
while the entire village and everybody in
it seem brighter and better because of
the presence of Mrs. Haywood
one of the best and most charming
young women in the State.
Gov. anti Mrs. Holt and Dr. and Mrs.
Laird are summering at Buffalo Springs.
They are missed at Haw River, but with
the Hay woods, Mr. and Mrs. Chas. T.
Holt, Mr. ai d Mrs B. S. Robertson and
others U ft, the village is bright, busy
and beautiful.
JunietH. . .
Up Haw River tour miles is the Juniata
cotton mills, formerly the Big Falls
mills, which were recently bought by
Mr. G. Rosenthal, Mr. E. B. Barbee and
Mr. A. A. Thompson, of Raleigh, and
White Bros., of Mebane. Mr. Rosen
thal is the manager and I find
him and his charming family
comfortably eusconsed iu a beautiful
summereottage, situated in a picturesque
grove over-lcoking the river, the mills
and the eottaged village. Juniata is a
valuable property and a beautiful place,
and Alamance is a great county and is
every day growing greater.
F. B. Arlndell.
801 l Worms in Mississippi*
Jackson, Miss., Aug. 17 - Oapt. M. L.
Jenkins has just returned from the Delta
district, where he went on a tour of in
spection of the State farms. He says the
boll worms have made lln ir appearance
in alarming numbers in Washington ami
Isaqaeua counties.