North Carolina Newspapers

The Weather 1 o-Day: FAIR. The News and Observer. VOL.XLVII. NO. Cl. Laos all north MSB His si hews Mo cißOur'iiON. THE DEAD HAND OF THE PAST DENIES RIGHTS OE LIVING • So Says Justice-Clark of Hoke v. Henderson, IX THE CASE OF ABBOTT V. BED- I>IXGFIELD FOII RAIDROAD COMMISSIONERS. HIS MASTERLY OPINION DISSENTING FROM COURT THE OPiNION VIOLATES CONSTITUTION And Overrules the U. S. Supreme Court Upon the Interpretation of the U. S. Constitu tion, That Court Having Held That Tenure of Office Is Not a Contract. The Supremo Court yesterday, in an opinion printed elsewhere, decided that the act of the last Legislature abolishing the Railroad Commission and creating the Corporation Commission, with new powers ami duties, in its place was un constitutional because k deprived D. H. Abbott of his office as Railroad Com missioner. Fgfivin this opinion of the court Mr. Justice Walter Clark, in the masterly opinion given below, dissented. Judge Clark contends: 1. That, the constitution confers upon the Supreme Court no power ,o nullify or set aside an act of the legislature, but that, on the contrary it expressly forbids its use of any such power. 2. That the decision of the court is " based upon the clause of the Federal constitution which forbids any State to pass a law “impairing the obligation of n contract.” .3. That the Supreme Court of the Uni ted States has repeatedly held that the tenure of an office is not a contract with the State, that the. Legislature may abolish or change <an office at will or remove the incumlxent unless ex pressly prohibited by the State consti tution; and therefore that the Supreme Court of the State in holding to the contrary is refusing to accept a ruling of the United States Court as to the inter pretation of the United States constitu tion. 4 4. That the ruling of the court is ad mittedly based on Hoke v. Henderson, which was decided seventeen years lie lore tile United States Supreme Court held that tenure of office is not a con tract and that to abolish an office or remove the incumbent is not to “impair Ihe obligation of a contract.” 5. That the ruling of the court is con trary to that of every other State court and to the highest legal authorities. Judge. Clark further points out that Iloke v. Henderson is contradictory in its terms and that as interpreted by the present court it amounts to a usurpa tion of power similar to that which pro duced the revolt in England against the tyranny of tin* Stuarts. The opinion is as follows: The hill of rights of the freemen of North Carolina (Constitution art. T. sec. 11) reads: “All ilower of suspending laws or rm execution, of laws, by any authority without the . consent of the represent a fives of the people is injurious to tb ir lights and ought not to be exorcists!.” This copied verbatim from the great bill of rights of 18<58 and summed up in four and a half lines, the result of two great struggles carried on by our ancestors in England to maintain the right of the people to place their will on the statute book and have it executed without hindrance or permission of any authority whatever. In those great struggles the people triumphed; one king lost his head, and his son not profiting by bis example lost his kingdom, and his descendants to the last generation were wanderers and aliens in the earth. The result summed up by Lord Somers in the above terse lines were placed in the peo ple’s magtia charta. and have been retain ed by us as a memorial, like the twelve stones set up h.v tin* twelve tribes at the crossing of Jordan, of the sufferings in the terrible wlldnerness through which our fathers passid, that the people should enjoy the privilege of making their own laws and managing their own affairs in their own way. It is also a warning to all in any authority that the will of a free people is the supreme law, and that none shall interfere with the execution thereof. It would la* to small advantage if the *i>ower to nullify and suspend or set aside the execution of tin* laws” without the consent of the representatives of the js'ople” was taken at stick cost from the king with the judges to aid him, if the judiciary can now construe that they possess that pow er which was expressly denied when at tempted to Ih> exercised by them in con junction with the executive. The heart still 1 teats with emotion at the memory of tin* trial of the 7 bishops when the judges conspired with the king to punish the defendants for having protested against the right of the king to stop the execution of laws passed by the repre sentative# of the people—we still feel a glow of pride over that sturdy English jury who. by their verdict, rebuked king and judges, ami saved to the English speaking race tin* right to make their own laws and to have them executed. That the people of North Carolina never intended to give this power to tin* judges, which our ancestors had de nied to the king and his judges, is furth er evidenced by the Nth section of the Bill of Rights. “The legislative, exe cutive and Supreme judicial powers of tin* government oughlt to he forever separate and distinct from each other.” A more complete inhibition upon the courts against their interfering with the* acts of the legislative department by annulling them or setting aside their execution, could not be penned. Section 2 (of the Bill of Rights) reads: “The people of this State have the in herent, sole and exclusive right of regu lating their internal government and po lice thereof, and of ordering and abolish ing their constitution! and form of gov ernment; whenever it may be necessary for their safety and happiness; but every such right, should Im* exercised in pursuance of law, and consistently with the constitution of the United States.” The Courts Forbidden* to Interfere. In tin* nature of things “regulation of internal government” and the expression of tin* peoples’ will can only be made by legislation, and what that legislation shall lie depends on the legislature. No power is anywhere conferred upon any authority to stay their action, but there is express prohibition. There are limita tions in the constitution, upon the pow er of the legislature, but none as to abolishing offices or changing the in eumlM'nts, except as to officers named ex pressly in the constitution. That such should be named and the legislature for bidden to interfere with them is a recog nition that, as to nil other officers, the (Continued on Sixth Page.) STATE VSTaICOHOL All Georgia Athrill Over the • Battle’s Outcome. '• he Willingham Bill Providing for State Pro hibition Creates the Greatest Excitement Known in the Georgia Assembly. Atlantia, (la.. Nov. 21. —’Flic greatest excitement known in the General As sembly of Georgia for yeans has been caused by the debate over the Willing ham Bill for State prohibition. The Dill has been iwmdmg since tin* begin ning of the session, several weeks ago, lint the debate was not commenced un til today. A vote will he taken at 11:30 tomorrow. A dozen (amendments have been offered since the first reading of the bill. The fight has become one in volving every section of the State. Tin* ministers of various denominations and tin* State Prohibition Society have taken an active part. Personal letters have Ween written by the ixresidents of six Georgia colleges to the numbers of the Legislature, asking the passage of the bill. Mayor Woodward, of Atlanta, re cently addressed a letter to the mayors of Savannah, Augusta. Macon, Rome and Columbus requesting them to corns* here and protest against the passage of the bill, which they did. People from all sections of the State were in the galleries when the debate opened today, among them being many ladies and sev eral classes of school children from the city public schools, who came to lend their moral support to the passage of the measure. The debate continued all day. and at times the shakers grew very hitter in their arguments against the opposing sides. Representative Willingham says he is confident the bill will pass. DEMOCRATIC COMMITTEE. It Adjourns After a Eries Session. The Chicago Platform Chicago, Nov. 21.—The Democratic National Executive Committee after a brief si -sion today, adjourned sine die. to met t at the call of Virt* Chairman Johnson. It was practically agreed among the members of tin* committee that a meeting of the body will he held every sixty days and no session probably will Ik* held before January. The entire matter of the place and date of the national committee meeting was placed! in the hands of Chairman Jones, who will issue the call. Some date in Jiaaimir.v is favored with Wash ington as the place of meeting. Chair man Jones will leave for Washington ■tomorrow. The sentiment of tin* members of the committee was unanimous that the Dem oeraie National Convention will endorse the Chicago platform in its entirety and ihajt anfi'-trust and until-imperialistic planks would also bo adopted. IT NOW BELONGS TO DEWEY’S SON Mrs. Dewey Transfers Her Title to the Home to Him. Washington. Nov. 21.—George Good win Dewey, Admiral Dewey’s only son, is now tin* owner of the residence pre sented t<> the -Admiral by tin- American people. This transfer was made in accordance with tin* wishes of both the Admiral and his wife. Tin* transfer to her yesterday was but tin* first step in the plan. Through the method adopted no dispute ran ever arise over tin* property. The Admiral and his wife will still make the place their home. David 8. Kidder, of Florida, has been appointed consul at Algiers, Africa, vice C. T. Grclict. RALEIGH, NORTH CAROLINA, WEDNESDAY MORNING, NOVEMBER 22, 1899. SHOELESS AID IN HAGS THE! MARCH Terrible Hardships Endured + by Lawton’s Column, MANY HORSES ARE DYING • i » SICK MEN DROP OFT AND ABE LEFT BEHIND. LIVING ON ANYTHING THEY CAN FIND It Is Believed That Lawton Is on the Trail of the Filipino Government, and Is En deavoring to End the War at Once. Manila, Nov. 21.-0:05 p. in.—The wherealKiuts of Generals Lew ton ami Young is lK*eoming as ■mysterious as Aguinaklo’s. The belief is beginning to grow at Manila that General Lawton lias struck the trail of the insurgent “government” and is pursuing the Minis ters into tin* Binquet (Mountains. It bins been Ms ambition to capture the Filipino leaders and he and General Young Mlieve that a cavalry brigade, living on the country could run them down to any part, of the island. One vague report brought by Spanish pris oners is that Aguinaldo and ot hers were nearly surrounded by Americans soon after the insurgent chief left Tar lac, but that be escaped through the lines an peasant’s clothes. Officers and soldiers arriving at Cabanatuarii from General Lawton’s force describe the cams paign as one of great hardship. Many men dropped sick and were left at various towns without adequate sup plies and attention, souk* of them mak ing their way back across the ferrible roads. A number of horses were dy ing. ami many of the solid ers, and even some of the officers, were marching on, half naked, their clothes having been torn to pieces in getting through the jungles. Some of them were reduced to breech clouts and hundreds were bare footed, their shoes being worn out, and all were living on any sort of provis ions. Bread was rare and carabo meat and bananas were the staples. General Lawton foresaw that the cam paign would involve such hardships, but in* considered it the quickest and cheap est way of ending the war. NOT RUN BY THE SOUTHERN. The Georgia Central an Independent Road, President Spencer Declares. Macon, Ga.. Nov. 21. —President Sam uel Spencer, of the Southern Railway, was the star witness today in the hear ing of the injunction suit of certain Macon meridians against the Southern Tile nm»st imporkuit and surprising statement made by Spencer was that his road dhl not mvn a dollar’s worth of stock jin the (Vnttral railway of Georgia and aiever had; that his hold ing consisted of one share of stock which was m*cesary to qualify him as a director. In reply to a question regarding a speech he had made in Savannah, in which he assured the p*ople that they had nothing to fear from tile Soutnern s ownership of the Central, he said that the statements had been made at a time when a deal was pending which he felt justified them, but the deal had fallen through. Asked whether lie did not really dic tate tin* policy of the Georgia (Antral, lit* replied that lie did not. v- President Comer sometimes acted on bis advice, but frequently did things against bis vigi irons p|>position. Mr. Spencer stated that his road owned 12.000 of tin* 27,000 shares of the Georgia Southern and Florida stock, but admitted that while a minority stock holder, by an alliance, the Southern did control tin* road and he was in a tni si ti oil to dictate its policy. The .South ern owned the Atlantic and Florida ami Georgia Midland and Gulf, it owned the bonds of tin* Macon and Birming ham and expected ultimately to control ■the property. These roads, lie main tained, were not competing lines in t ie meaning of Georgia legislation. TIM* ] nil icy of the Southern was not to buy up compel iters, but to secure con trol of such lines as would supplement and round out the system. Tin* result of this policy, he claimed, was not to diminish competition, but to build up the pr<e]M*rties secured and to develop the territory they covered. Some evidence was taken showing '*~*e good effect of the Southern's develop ment on local conditions at *Mae<>u and the hearing was adjourned. -V date will be fixed tomorrow for the taking of further testimony. Mr. Silencer and Mr. Francis Lynde Stetson left for the north tonight. An A. C. L. Short Cut. Washington, Nov. 21. —(On and after December Ist the Atlantic* Const Line trains will run into Augusta. Ga.. over the newly constructed branch road of that Company. This new road ruins from Denmark, S. C., via Barnwell to Bob bin#, S. ■('., there connecting with tM* 'Charleston and Western Carolina rail road. which is tin* property of the At lantic Coast Line. By this arrangement a much shorter route is secured. VICE PRESIDENT HOBAHT IS DEAD The Eri Came at 8:30 Yes terday Morning. HIS FUNERAL SATURDAY PRESIDENT. CABINET AND OTH ER OFFICIALS WILL A . PEND. NO SUCCESSOR PROVIDED BY THE LAW Senator Wm. P. Frye Becomes President Pro Tem of the Senate and Will Discharge All the Du ies of Vice President % in That Body. New oYrk. Nov. 21.—Garrett A. Ho bart, Vi< (-President of the United States, died at his home in Paterson, N. .1.. at eight thirty o’clock this morning. At his bedside were Mrs. Hobart and his son. Garrett A. Hobart. Jr., together with Dr. William K. Newton and his wife and Private Secretary Evans. Mr. Hobart’s death had <lm*cii expected for some hours. The beginning of the end came yesterday afternoon when there was a sudden failure of the heart, and soon after midnight last night Mr. Hobart became unconscious. He re mained in that condition until his death. Mr. Hobart's death was due directly to angina pectoris, complicating myo carditis. Owing to the prostration of Mrs. Ho bart the funeral arrangements will not he completed until tomorrow. The only step deeidi*d upon is that the services shall Im* held in tin* Church of the Re deemer. at Paterson, and the interment in the family plot at Cedar Lawn. Rev. Dr. Magee* will preach the sermon. The church can accommodate not more than 800 person:* J, and as thousands will be eager to attend the services, it was suggested that they Ih* held in the armory, which will accommodate* 10,000 persons. Mrs. Hobart wishes the funer al to he as quiet as possible, and there is little likelihood that the programme will be changed. Tie* mayor and aldermen of Paterson have suggested that the body lie in state at the city hall on Friday or Satur day morning, and this suggestion will probably be carried out. Among others who sent message's of condolence* were Sir Julian Pauncefote, the* British Ambassador; Count G. Do Lichtcrvelde, Envoy Extraordinary and Minister Plenipotentiary of Belgium; Count Cassini. Russian* Ambassador, Former Vice-President Stevenson, Ad miral Schley, Governor Yoorhees. of New Jersey; United States Senator Sewall. of New Jersey; Senator Hanna, of Ohio; General Russell A. Alger, Senator Fora leer. Senator Fairbanks, General Castillo, Civil Governor of San tiago, and Assistant Secretary of War Mcilklejohn. SKETCH OF HOBART'S LIFE. Washington. Nov. 21. —Garrett A. Hobart was born in 1844 at Long Branch. N. J. His ancestors on his father's side were English and on his mother's side Dutch. Thirty-three years ago he was graduated from Rutgers Col lege and began teaching school. Three months later he entered upon the study of law. Young Hobart is said to have arrived at Paterson with but a dollar and fifty cents in his pocket, and from this small beginning he made his way unaided to wealth and prominence. In 18ti!> he was admitted to the bar. and the same year married the daughter of Mr. Tuttle. In 1871 he was made city counsel of Paterson, and in 1872 was elected to the State Assembly, of which body he was chosen Speaker in the following year. At the end of his scoml year in the Assembly he retired to devote himself to the law and to the numerous business interests with which he had liecome iden tified. In US7(i lie was elected to the State Senate, of which body he was chosen President in 1881. From 188<> to IKIM he was at the head of the State Republican organization of New Jersey, and, as such, planned some of the most brilliant campaigns con ducted by his party in the State. From 1884 to 181M5 he was a member of the National Republican Executive Commit tee. During all these years Iris business connections became broader and broader. At the time of his election as Vice- President lu* was a director in no less than sixty companies. Probably the greatest business honor which he at tained.was Iris selection as one of the three arbitrators of the Joint Traffic Association, composed of thirty-seven of the most prominent trunk lines of the country. Through his business connec tions and his law practice he built up a large fort line. After his nomination and election to the Vice-Presidency he came to Washington and took up his residence in the old Cameron mansion adjoining the site* of the historic old Seward house of Lafayette Square, where Blaine died. Socially the Vice- President and his charming wife divided the honors with the President and Mrs. McKinley. Mr. Hobart left but one child. Garrett A. Hobart. Jr., a boy of 14. Fanny, a girl of 22. died in 181tb in Italy while there with her parents. Mr. Hobart was a papular presiding officer and a good parliamentarian. He was quick in disposing of business at bis desk. His firm and impartial man ner won the respect of all Senators, while his genial and pleasant dqjqHisition made him one of the most popular men who ever filled the high office which his death leaves vacant. The law applicable to the Vice-Presi dency was enacted. January lllth, 188(1, by the Forty-ninth Congress. The main features follow: "Be it enacted, etc., that in the case of removal, death, resignation or inabil ity of both tin* President and Vice- President of the Fniteil States the Sec retary of State, or * * * Secretary of the 'Treasury, or * * * Secre tary of War, or * * * Secretary of the Navy, or * * * Secretary of the Interior shall act as President until the disability of the President or Vice-Pres ident is removed, or a President shall be elected.” The law further provides that when one of the above Cabinet officers suc ceeds to the Presidency, he shall call a special session of Congress. A proviso limits the succession to those who would be eligible to the Presidency under the terms of the Constitution, and who have been appointed with the advice and con sent of the Senate. The effect of the law is not to provide a succession to the Vice-Presidency, hut merely to ensure a succession to ihe Presidency. lIOBA IIT’S SUCCESSOR. By the death of Mr. Hobart, Sena tor William P. Frye, of Maine, becomes President pro tempore of the Senate, and will discharge all the duties of the Vice-President as presiding officer of the Senate. The Senate rules specifically provide that no election is necessary at the beginning of the session. Senator Frye accordingly will continue as pre siding officer till the end of President McKinley’s Administration, unless he (Continued oil Fourth Page.) ESTCDURT IS SHOT IN Communication With That Place Now Broken Heavy F iring There Saturday. Sounds of Bat tle South of Ladysmith. Mafeking Closely Invested. Krueer Turns Down Macrum. Durban!, Nov. 21. —Communication with Esteourt is interrupte 1. GENERAL WHITE'S THREAP Kstcourt, Natal, Monday. 20th. —Ru- mors of a glorious victory achieved by General White Wednesday last are still unconfirmed. Little credence is attach ed to them, and especially as the ru mors added that General White had threatened to place many hundreds, of prisoners in conspicuous places should the shelling of the town continue. A Bow force occupies a position on the Mooi River, ti n miles below ‘ the Mooi River station. NA A UWPt MART IREQOOUFIED. Cape Town, Nov. 21. —The British troojis re-occupied Naauwpoort on Sunday. SOUNDS OF BATTLE HEARD. Pretoria. Nov. 21.-—Via Lorenzo Mar ques.—Monday’s report from General Joubert’s headquarters, which was pri*- sented rto the Transvaal 'Oonimil of War today, says: “Heavy gun firing was heard in the direction of iEstcourt on Saturday, and continuous rifle firing is proceeding south of Ladysmith. ■ "A small sortie from Ladysmith this morning was repulsed. The Transvaal heavy guns fired a number of shells into the town this 'afternoon.” SK IR MISIH W1 Til BOERS. Durban. Natal. Monday. Nov. 20. — Seven hundred Boers from Weenen took up a strung position on the high land si thirteen miles south of Est.court Sun day, occupying Turner’s farm, northeast of the Mooi River. Major Thorney eruit, with a detachment of mounted in fantry and the Eistcourt Carbineers, engaged the* Boers, of whom three were kitted, including their commandant. The Boers withdrew, taking 200 head of cattle captured at Turner’s farm. The main Boer force of Esteourt Is; reported to have retired. brought and they art* surely in the line London, Nov. 22.—(Wednesday)—Late last evening the War Office made public two dispatches from General Buller at Cape Town. The first had been received from General Ciery, dated Monday, No vember 20th, and announced that three privates were wounded the previous day at Mooi River. 'The second was from Colonel Baden Powell, dated at Mafe king November (>fh, saying: “All well here. We have had a few successful sorties. Our loss is two offi cers and seventeen men killed and four officers and twenty nine men "Wounded. The enemy’s loss is heavy, i is numbers arc decreasing, hut his guns remain and shell us. keeping <>u*f of the range of our email guns. Have had no news from the* outside since October 20th.” MACRUM CAN AID NO MORE. London, Nov. 21.—Callers at the Unit oil States Embassy today were informed that the United States was no longer able to forward messages or secure in formation regarding British prisoners. President Kruger having refused the re quest to permit- Consul Macrum to trans mit a list of British prisoners. ' It is understood tluat President Kruger objected to Mr. Macrum on the ground that the United States* claims to neu trality wen* prejudiced by her evident friendship for Great Britain. The motion to throw out the entire vote of Louisville, Ivy., will he argued tomorrow before the county board of canvassers. PRK* YE CENTS o &> 1 BATTLE HID NEGRO CAVALRY Several Hundred Citizens At tack Fort Ringold. SO SAYS THE COMMANDER THE COUNTY JUDGE DECLARES TROOPS THE AGGRESSORS. UNPROVOKED THEY FIRED ON THE TOWN Furth-r Trouble Feared. Gov. Sayers Orders Troops to the Scene Wiring Washington to Investigate and to Remove the Negro Soldiers. Austin, Tex.. Nov. 21.—Today Gover nor Sayers was in receipt of a telegram from the commanding officer of tin* United States troops at San Antonio conveying the information that there had been a race riot at Rio Grande City last night lietween the Federal negro troops stationed, there and the citizens of that town. About the time this tele gram was received another came from the county judge at that place, anil they are somewhat confusing. The military commander at San, Antonio, General McKibbin, telegraphs that the report he received from the commander at Fort Ringgold, near Rio Grande City, state# that all the troo] s were in the garrison last night at 7 o’clock when tin* citi zen# of that town advanced on the fort and fired upon the guard. The guard returned the tire, and the entire garri son was at once called to arms. The citizens continued their fire ou the fort and the soldiers returned the fire, and filially hail to bring their Gatling guns into play to disperse the attack ers. The commander states that he fears* trouble, and asks for more troops. The telegram from the county judge states that the negro soldiers in the forr. there deployed in a ravine ou the edge of the town and fired into and over the town for something like an hour and a half, shooting into a number of houses, wounding one man, and frightening the women and children so badly that a -number of them had to flee to the sur rounding ranches for safety: that the attack was entirely unprovoked, and that the community was highly incensed mul further trouble was looked lor at once. Upon receipt of these telegrams Gov ernor Sayers ordered Adjutant General Scurry to the scene of action, and he left tonight for his destination. The Governor also wired to Washington to have a full investigation of the matter ami to remove the negro t roops at once. The commander at San Antonio sent a special detail of officers to the scene at once to investigate. Ail is quiet to night. TROOPS LEAVE FOR THE SCENE. San Antonio, Texas. Nov. 21. —Colonel Roberts, post adjutant at Fort Satin Houston, left this afternoon on a special train for Larcilo with a detachment or the Twenty-fifth Infantry to make an investigation of the trouble at Fort Ringgold, and to make a full rejtort to General McKibbin, the department com mander. General McKibbin has con sulted with Governor Sayers on the subject, and has lieen asked by the Gov ernor to take whatever steps are in his power to conciliate the citizens and the soldiers. Trouble bet ween the ne gro soldiers on the frontier posts and the Mexican population has been brew ing for some time. A collision between fin* police and the negro soldiers at Laredo a few weeks ago has r» suited in the abandoning of the post there. A snialL sized riot, also occurred at Rio Grande City last month, in which some soldiers were shot and others were ar rested and fined. Since then the Mexi cans and soldiers at Rio Grande City have been at the bitterest enmity. CANNOT TOUCH COL. METCALF. As He Is Mustered Out. the Depart ment Is Powerless. Washington. Nor. 21.—Relative to the allegations that have been made by the late officers of the Kansas Volun teers against Colonel Metcalf on tin* ground of cruelty, it is said at the War Department that the regiment and ail of tlu* officers concerned having been mustered out of the United Slates serv ice, the Department can take no cog nizance of tin* matter. Constable Kills a Negro " 1 "' Norfolk, Yu., Nov. 21. Today Special Constable Pool, of Ettriek. Dinwiddle county, Va., and Walter Mitchell, a negro of had character, for whom the officer had several warrants, engaged in u desperate running battle, reloading after emptying their weaisms. In tin* last round the constable sent a bull through tin* negro’s body, ending his flight. The negro will die. The con stable surrendered and was hailed. A Jeffries-Ccrbett Match. New York. Nov. 21.—James J. Jef fries and James J. Corbett were this afternoon matched to tight a 25-round! go of to a finish, if the law permits on or about September 15th Ooxit. The tight will be under Queens bury rules.