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.