The News and Observer.
VOL.XLVII. NO. 36.
LEADS ILL NORTH CAROLINA DAILIES 11 MEWS AND dRCDUI. ION.
_ -- j
THE STATE’S “SLATE PEN"
AND SUMMERELL’S “MISTAKE’
u A Story That Reads Like a Chapter on the
Horrors of the Russian Prisons
in Siberia/*
“MORE BRITISH THAN THE
WORST OE HIS CONVICTS”
“And Those Who Condone Such Things are Unfit for the
Management of the Public Business”—“lsn’t it
Time That the Christian People of the State
Demand That There be Justice to the
Men Who are Cut Off from Ap
peals to the Courts
arid the Public?”
By REV. J. D. HUFHAM, D. D.
To the Editor: The News and Observe-r lias been publishing 1 some
of the corruptions aml brutalities of the slave-pens commonly known
as the State farms. Lt is not pleasant reading to a man who loves his
State and wants to he proud of his people. Indeed it is difficult to
believe that the things related really form a. part of the history of
North Carolina.
It reads more like 1 a chapter out. of Kennan’s hook on the horrors
of the Russian prisons of Siberia. And there is no uncertainty about
the things which have been published: they were told to a committee
appointed by the Legislature to collect information and make report*
There arc several of these State farms lying along the Roanoke.
On one of them three of the men sent out to work in the coldest
weather of last winter were frost-bitten in their hands or feet and
amputation became necessary. At the same time there was no work
on the neighboring plantations because the laborers refused to do it.
The prisoners on the State* farm were driven to it. When the over
seer was confronted by the committee he did not deny the facts, but
said he made a mistake: he did not know the weather was so cold.
And now the Directors of the Penitentiary have said that the man
simply made a mistake: it was unintentional. Do they expect any
rational man to believe; that? He is retained in office though another
winter is on us.
The man who makes such mistakes is unfit to be trusted with the lives
or comfort of other men. And those who condone such things are unfit for
the management of public business.
On this same farm one of the prisoners came to hb death at. the
hands of one of the subordinates of the overseer. Os this lu* also said
it was a mistake. Will the Directors also agree with the overseer in
this and say it was only a mistake? The blood grows hot as one
thinks of such brutality on the part of the officers of tin* slave-pen
and of the callousness of the officials who are over them.
On one of these farms it is stated that two men were shot though
they were neither making resistance nor seeking to escape. Was
this also a mistake? Will the Directors thus define iO
A man’s character may always be known by his attitude towards the
helpless who are in his power. The official who, with absolute power in his
hands, is needlessly coarse and rigorous towards the prisoners in his keeping
is more brutish than the worst of the convicts who suffer at his hands.
Flogging in our navy was long since abolished. Ihe whipping
post disappeared from the penal machinery of this State a quarter of
a century ago or more. It was abandoned as an inhuman tiring. But
the whipping-post was benevolence itself as compared with what
takes place on those farms. I* tier the old system the unmoor of
strokes was carefully prescribed by law anil the punishment was in
flicted in public so that there might be no peril of life or risk of in
jure to the person) of the convict. Tn these modern slave-pons ail V
different. The whips have been described to us. One of them was
a piece of huggy-trace attached to a handle which was a deadly weap
on easy to kill a man with it. Anothei •*of these whips was a wide
thong of sole-leather attached to a similar handle. So far as 1 know
there is no limit to the number of the strokes or whippings save the
will of overseers who are sometimes ignorant and passionate, some
times drunken men. The naked bodies of men and women are scourg
ed with the instruments of torture which have been described above.
It is the common punishment. On the Roanoke farms it is stated
that 50 jK*r cent, of the prisoners are whipped; at the Central Prison,
Raleigh, 30 percent. There is no inspector of prisons to make inves
tigation and give information to the people. There is no public
looking on, to hold in check the violence of the overseer or his subor
dinate.
The thud of the whip and the cries of the sufferer do not reach the outer
world: they fall only cn the ears of men like themselves who may at any mo-
RALEIGH, NORTH CAROLINA, SUNDAY MORNING, OCTOBER 22, 1899.
ment be subjected to the same torture. Around are guards, armed with re
peating rifles; outside are blood-hounds if they escape from the pen. Is it
wonderful that the prison authorities of the United States declined to send
any more convicts into a State where such a system of prison discipline
prevails ?
Fnder sueli a system there would be some mistakes and some need
less suffering with the wisest and best men in charm*. It t.- unthink
able what must take place when the officials are past-masters in the
business of profane swearing and the rest of their equipment is of a
similar character. Members of the Legislature’s committee have
said that some abuses which they discovered wore unfit m he publish
ed. \Ye may well believe it from what we already know. And the
Superintendent seems to think that all is well and a majority of the
Directors with him. “A mistake,” sems to he a sufficient explanation
and excuse for every act of cruelty and wrong: and tilings go on.
This in a. State where in many.sections tin* churches are only four
mill's apart. These people will awake sometime and call the authori
ties and their subordinates who perpetrate such outrages to a just
reckoning. ‘
Our whole system of prison discipline needs revision. \t present
tin* instruments relied on are tin* rifle, the blood-hound, the whip:
this last as cruel as the Russian knout of some years ago. Isji’t it time
that the Christian people of the State demand that there he justice to
the men who nr * cut iff from appeal to the con* - .'- 1 and die public,
and under the control ,*t men who are absolute master-;.'
(Signed) .1. I). IIF FI I AM,
October 21, 1800. Henderson, X. C.
ILL THINGS READY
The Fair, Carnival and Horse
Show at Winston.
SOME NOTABLE RACING
SOME HORSES AT THE STATE
FAIR ALREADY SHIPPED TO
WINSTON.
GEN. JULIAN S. CARR CHIEF MARSHAL
Racing Program, If the Weather is Good the
Event Will be a Great success. Spec
ial Trains and Low Rates.
Winston, N. (!., October 21. —(Special.)
—“With fair weather we will have a
great time at the Fair. Carnival and
Horse Show which begins next Tues
day.” said Secretary Garland E. Webb
today.
The finishing touches are being put
< u the grand stand, and when the band
begins to play mi Monday morning, our
visitors will see one of the finest up
to-date Carnivals, Fairs ami llorsc-
Show ever seen in the State.
Horses have already begun to arrive
and a ear load of the best horses that
trotted at the State Fair in Raleigh will
la* here. While other exhibits will bi*
great, the Horse Show will make the fair
unique, for tin* noble horse will be the
great attraction.
The list of premiums offered have at
tracted a large variety of exhibits. Tin*
railroads have given reduced rate (the
return rate, with admission to tin* Fair
from Raleigh is $3.85).
General Julian S. Farr accepted the
pressing invitation tendered him to act
as Chief Marshal, and will be here
Monday with a staff of handsome and
popular gentlemen, and the social fea
tures of the Fair will make the week
full of pleasure. Many of the belles of
tin* 'State are already here and many
others will come Monday.
RACING PROGRAMME.
The racing programme has been an
nounced as follows: I
Tuesday, October 24.—1. Four-wheel
vehicles—horses must he driven by own
er. Only amateurs allowed in race. Ist 1
premium-handsome buggy. 2nd pre- j
mi uni—set harness.
2. 2:28 class, trot —Purse, s2llO.
3. Running mile heat. (2 in 3)—
SSO.
Wednesday, October 25.—t. 2.50 class
trotting and timing Purse, S2OO.
5. % milt* heat, running, (2 in 3) —
SIOO.
G- 2:25 Class, trotting—s2oo.
Thursday, October 20—7. 3:00 class,
pact* and trot. (Forsyth county horses)
horses owned in county 00 days prior
to date of meeting— Purse, $75.
8. % mile heat, running, (2 in 3)—sso.
9. 2:18 Class, trot and pace- S3OO.
Friday, October 27.—10. 2:30 Class,
trot and pace—Purse, S2OO.
11. Pony race, V. mile dash—s2s:
12. Running 5-8 mile (2 in 3)- SSO.
A Valuable Gift.
(Windsor Ledger.)
Mr. Francis 1). Winston has presented
Wake Forest College with an interesting .
book called "Our Four-fold Nature.” It !
belonged to Rev. Lemuel Burket, a Bap- 1
tbit minister who more than a hundred
years ago was a great preacher among I
our people. 4he book was published in
Edenburg in 17(59. This is a very inter- \
e«:iiig book, lyeimiel Burkett married
Miss Prudence Collins, who was Mr.
Winston's great aunt. We believe he
married two sisters. Mrs. J. B. Stokes
is named for her. and was her mother, >
Mrs. Jonathan S. Tayloe.
Always let well enough .alone* —when
you can’t do better.
THE SOUTH AND THE NEGRO.
(New York Tribune.)
To the Editor of The Tribune.
Sir: My attention has been called to
the editorial in your issue of the 12th
instant, under the title. “The South and
Negro Suffrage.” in which you say:
“It would be equally fortunate for all
sections of tht* country if schemes to
abolish negro suffrage, such as that in
contemplation in North Carolina, or that
' in actual operation in Louisiana, Miss
issippi and South Carolina, could be
brought ill the near future to a deliber
ate and thorough constitutional test.”
You have no doubt overlooked tile ease
of Williams vs. State of Mississippi, re
ported in 170 F. S. Supreme Court lU>-
jKiris, )4ige 213 et seq., wherein the va
lidity of the suffrage provisions of the
Mississippi Constitution was expressly
affirmed. Those provisions may be
briefly stated. Every male inhabitant
is a qualified voter who is a citizen of
the United States twenty-one years old
and upward; who lias resided m the
j State two years and in the election dis
trict. or in tin* incorporated city or
town in which lie offers to vote, one
year; who has never been convicted of
certain designated crimes; who has paid
on or before the first day of February
l of the year in which he offers to vote
j all taxes which may have Im*i*ii legally
i required of him, and which he has had
j an opportunity of paying according to
I law. for the two preceding years, and
who shall produce !<> the officers hold
ing the election satisfactory evidence
j that lie has paid such taxes; who is
able to read any section of the Consti
tution of the State, or understand the
same when read to him, or give a
reasonable interpretation thereof, and
j who has been duly registered more than
four months before any election at
which he offers to vote by an officer
of the State legally authorized to regis
ter the voters thereof. Tin* Consult u
| tion of the State provides that no per
son .-hall be a grand or petit .juror un
less he is a qualified elector. Henry
Williams, the plaintiff in error in the
j case cited, was indicted for murder and
I convicted. The suffrage provisions of
tlu* Constitution of Mississippi wen*
drawn into his case through the require
j ment that grand and petit jurors must
j be (nullified electors.
Tilt* court, speaking by Mr. Justice
McKenna, said:
“Besides, the operation) of the Consti
tution and laws is not limited by their
nature of effects to one race. They
I reach weak and vicious white men, as
i well as weak and vicious black men,
and whatever is sinister in their inten
tion. if anything, can be prevented by
j both rates by the exertion of that duty
j which voluntarily pays taxes and re
frains from crime, lt canon*, be said
therefore, that the denial of the equal
j protection of the laws arises primarily
| from the Constitution and laws of Miss
issippi. There is an allegation of the
purpose of the convention to disfranchise
citizens of the colored race, but with
this we have no concern, unless the
purpose is executed by the Constitution
( dr laws or those who administer them.”
In the ease of Ratliff vs. Beale, 74th
Miss., page 247, the Supreme Court of
Mississippi, in passing upon the question
as to whether property exempt from tax
ation could be distrained to coerce pay
ment of a poll tax duo from tile owner,
for the purpose of discovering tin* sense
in which the word "lien” was used in
the Constitution, felt called upon to dis
cuss the conditions under which the
Constitutional Convention of 1890 as
sembled and framed the Constitution
promulgated in that year. Among othei
things, it said:
“Not only in this State, but through
out our sister States, thoughtful and
anxious men turned ii|wm the isolation
of the question all the light Ttt be gather
ed from history or speculation. On?
unhappy State had passed in rapid suc
cession from Civil War through a pe
riod of military occupancy, fallowed by
another in which the control of public
affairs had passed to a recently enfran
chised race, unfitted by education and
experience for tin* respomsibilfies thrust
upon it. This was succeeded by a semi
military. semi-civil, uprising. under
which the white race, inferior in num
ber. but superior In spirit, in govern
mental instinct and intelligence, was re-
stored to power. The anomaly was then
presented of a government whose dis
tinctive characteristic was that it rested
upon the will of the majority being con
trolled ami administered by a minority
of those entitled under its organic law,
to exercise the electoral franchise. The
habitual disregard of one law not only
brings it finally into contempt, but tends
to weaken respect for ali other Jaw's.
The most dangerous and insidious form
in which this evil can exist is that
which manifests itself in the disregard
of public rather than of private right;
for not only are the consequences more
widely diffused anil less rapidly eradi
cated, hut because no particular right
of individuals is directly involved resis
tance Ls less prompt and the evil pro-
to dangerous proportions before
its existence is noted. Not only was
the question of the franchise a most dif
ficult one for solution by reason of
its nature, but there was added to its
treat intent the limitationw upon -State
action imposed by the amendments to
the Federal Constitution.
“The difficulty, as all men knew, arose
from racial differences. The Federal
Constitution prohibited the adoption of
any laws under which a discrimination
should be made by reason of race, color
or previous condition of servitude. With
in the field of jH-rmis-sible action, under
the limitations inqiosod by the Federal
Constitution, the convention swept the
circle of expedients to obstruct the exer
cise of the franchise by the negro race.
By reason of its previous condition of
servitude and defMiwlence, tills race had
acquired or accentuated certain pecu
liarities of habit, of temperament and of
el ia merer which cSearly distinguished
it as a race I'iom that of the white —
a patient, docile people, but careless,
landless and migratory within narrow
limits, without forethought, and its
criminal members given rather to furtive
offences than to the robust crimes of
tlu» whites. Restrained by the Federal
Constitution from discriminating against
the negro race, the convention discrimi
nated against its characteristics and the
offences to which its weaker members
were prone. It is evident, therefore,
that the Convention had before it for
consideration two antagonistic proposi
tions—oho to levy a poll tax as a revenue
measure and) to make its payment corn
pulsorj’; the other to impose the tax as
one of many devices for excluding from
the franchise a large number of a
class of persons, which class it was im
practicable wholly to exclude and not de
sirable wholly to admit. In our opinion
the clause was primarily intended by
the framers of the Constitution as a clog
upon the franchise, and, secondarily, and
incidentally only, as a means of reve
nue/*
Here you will see there is a plain and
unequivocal judicial finding by the high
est court, of the State that the suffrage
provisions of the Constitution were
framed for the express and avowed pur
pose of limiting negro suffrage as far
as possible within the bounds of the
Federal Constitution. The Supreme
Court of the Fnited States tn the Wil
liams case, after quoting from this
opinion of the Supreme Court of Miss
issippi. said:
“But nothing tangible can Ik* deduced
from this. If weakness were to l>e
taken advantage of, it was to be done
“within the field of permissible action
under tin* limitations imposed by the
Federal Constitution,” and the means of
it were flu* alleged Characteristics of the
negro race, not the administration of
the law by the officers of the State.”
After fully considering the Williams
case it was affirmed.
The Constitution of Mississippi was
not submitted to tin* people for ratifi
cation or rejection, but was directly pro
mulgated by the convention. It was
urged before the Supreme Court that
the Constitution was invalid iH'cause it
had not I sen submitted to the people
for ratification or rejection, but this
point. being purely fanciful, was ig
nored. It was also pressed' upon the
court that the franchise provision** of
tile Constitution were void for the rea
son that they violated the terms of the
ac t of 1870 under which tile State was
readmitted to representation in Con
gress. 1 have not that act before me,
but in substance it made it a fundamen
tal condition upon which the State was
readmitted to representation that tie*
framc-hise provisions of the Constitution
of 1809, known as the Reconstruction
Constitution, should not Ir* altered, ex
cept as to its limitations regarding resi
dence, without the consent of Congress.
1 his point was also completely ignored
by the Supreme Court of the United
States, upon the ground', no doubt, that
the read mission act of 1870 in this re
spect was clearly unconstJtutioniai.
T. C. CATCHTNGS.
Vicksburg, Miss., Kept, lit, 1899.
NOTES FROM TRI'MTY.
The representatives from Trinity at tin*
debate between Wake Forest and Trin
ity will he Messrs. S. ( H. Stewart, S. S.
l>ent and Jim. M. Flowers. This debate
will be held Thanksgiving (‘Veiling in flu*
Academy of Music in Raleigh.
The work on the new dormitory build
ing at the High School is progressing
rapidly, lt is four stories high, and its
arrangements are all complete, several
elegant suites of rooms arc* provided. All
flu* rooms at the High School arc* now
taken, and the new 'building will be* occu
pied as soon as lit is completed.
The cottage* being built for Mr. Wliite
liouse, Director of tin* Gymnasium, will
soon be completed.
Mr. I*. 11. Hanes, Jr., of tin* Senior
<-flies, is a Marshal of the State* Fnitr. and
will also be one at the Horse Show at
Winston.
The Freshman clang -has organa s« d and
eiected the following officers: President,
E. W. Cmwford: Viet*-President, B. F.
Dixon. Jr.. Secretary, 'O. E. Egertou.
Mr. Chiis. E. Turner, class ’9l. secreta
ry of the Alumni Association, ,-ftul n|
mom her of the* Durham Bar, is very sick
at his harm* in Durham. He* has been
in bad health for some time.
Dr. B. F. Dixon, of Shelby, and Mr.
S. J. Durham. of Bessemer City, arc* on
a visit at the Park.
SECTION ONE—Pages 1 to 8,
PRICE FIVE CENTS
lOF IMPOff ICETD
! POLO HOLDERS
A Decision as to Assessment
Insurance Companies.
COURT REFUSES RELIEF
CAN NOT INTERFERE WITH COM.
PANTS INTERNAL AFFAIRS.
WHEN IT IS A FOREIGN CORPORATION
Even Policy Holders in a Mutual Company a
Member of the Corporation, Can
Get no Relief from Exces
sive Assessments.
A decision of considerable importance
as affecting policy holders and members
of 'assessment insurance companies was
handed down in 'the Supreme court this
week, Justice Montgomery writing the
opiniou. The case ways that of J. ,J.
Howard vs. Mutual Reserve Fund Life
Association of New York.
J. J. Howard insured his life in this
company, received a certificate of mem
bership and agreed to pay tin* admission
fee, dues for expenses and mortuary as
sessments. A by-flltw of the company
embodied in the policy of Howard de
clared: “Whenever the death fund of
the association is insufficient to meet
any existing claims by death an assess
ment shall be made upon the entire
membership in force at the date of such
death for such a sum as. the directors
shall have established and published, ac
cording to the age of each member/’
and by another by-law in force it the
time, plaintiff became a member of the
association assessments for each mem
ber were fixed, that of plaintiff How
ard being .s2.ld for each $1,090 of in
surance. Up to June 12th, 1893, assess
ments were levied and collected oil plain
tiff at these rates but at that date and
again in January, 1898, the directors
greatly increased plaintiff’s assessments
and those of all others who became nieui
j hers before 1890, but did not increase
; the assessments in a proper notice of
those who became members after 1890.
The amount collected front Howard in
excess of the agreed notes was $155.05.
Plaintiff brought action to secure judg
ment for this amount and asked that
the company Im* restrained from collect
ing further assessments in excess of that
considered legal.
In the lower court the defendant com
pany demurred to the action on the
ground that the amount was lews than
S2OO, and thee ourt therefore did nob
have original jurisdiction; that the facts
cited in the complaint did not constitute
a cause of action because the plaintiff
being a member of foreign corporation,
sought to have tin* court to in
terfere* with tin* internal manage
ment of its affairs without ex
hausting his remedies within the cor
poration. because the court could not
enforce its injunction against defendant,
and because the plaintiff had an adequate
remedy at law. The demurrer also cited
that the court had no jurisdiction of the
subject matter of the cause. All these
contentious the lower court sustained.
The Supreme court holds that the low
er court did not have original jurisdic
tion and says that while money paid to
a public officer under protest can he re
covered there is no law to rcover where
“money is paid upon demand <>f another
with full knowledge of all the facts.”
The court sustains the lower court
that a State court tan not afford equita
ble relief by injunction even to one
its citizens, who is a member of a
foreign corporation, by an order com
manding the corporation to do or not
to do certain specified acts connected
with tlfe internal management of
its corporate affairs. Such mat
ters fall within the exclusive
jurisdiction of the courts of tin*
home State of tin* corporation. 'Sec
tion 31102 of the Code the court says
does not cover ’tin* east* because it can
give no jurisdiction over the officers of
tilt* corporation who are citizens- of an
other State. The opinion of the Mary
land court is cited. 42 Atlantic Rep.
944.
The court says to undertake to grant
tht* relief asked would require the
court to undertake to investigate and
control the management of the foreign
corporation. Plaintiff is a member of
the corporation and complains of lii.s
treatment as such and not as an individ
ual citizen of fin* State, and there
being no fraud the court holds
it is powrless to interfere. If
there had been fraud, which was
not alleged. the court could
have interfered as also if defendant had
declared the policy fortified.
The court says finally: “But the sub
ject matter and the officers of the de
fendant corporation are beyond the juris
diction of our courts in this case, and
the remedy sought is not in our power
to grant. TIN* have not found it neces
sary to consider the other grounds. The
judgment of the /court below in sus
taining the demurrer is affirmed.”
Tiic prayer of plaintiff to amend his
complaint on the ground that the de
fendant company has become a domes
tic corporation since the action was
begun was denied because it involved
“questions of fact aml a matter of law
entirely foreign to the case as inado
up on appeal.”
Simmons. Pou and Ward apt (eared for
tin* plaintiff and Shepherd and Ru*heo
ami J, A\ , Hinsdale for defendant.