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I THE WEATHER TODAY: I £ For the State, $ Showers t Volume LV. No. 125. Leads all Morth Carolina Bailies in Mews anoriui-fculation KUROKI WINS IN TWO HOT BATTLES Battered by the Blows of His Living War Engine, the Russian Flank is Broken at Yushulikzu and Yangze Pass. A THIRD BATTLE SOUTH It is Reported at Tokio That After Three Days of Desperate Fighting the Japanese Have Captured Shan tailkow, an Important Outpost of Port Arthur. (By the Associated Press.) Tokio, August 3. (Noon.) —General Kuroki has administered a severe de feat to the Russians who defended the Russian east Hank at Liao Yang win ning separate actions at Yushulikzu and Yangze Pass. The two places are twenty-six miles apart, but the two actions were fought at the same time. The Russians held strong positions. The thermometer registered over 110 degrees Fahrenheit and the soldiers suffered cruelly from heat exhaustion. At Yushulikzu the Russians had twq divisons of infantry and some artillery, and they resisted the Japanese as saults vigorously. Roth attacks were begun at dawn on Sunday, Ju*y 31. At Yushulikzu the Japanese carried the Russian right and left iKngs, but on account of the strength of the main Russian position they \yere unable to press the attack. armies rested Sunday night, #v . mg each other. Victory at Noon. At dawn on Monday the Japanese resumed the attack and by noon they had dislodged the enemy and driven him four miles to Laoholing. At Yangze Pass the Japanese also were successful. Their artillery opened on the enemy and the infantry moved forward from Makumeza. The attack on this place was made at one o’clock on Sunday and by nightfall the Japa nese were in possession of a majority of the Russian - ositions, although the enemy had resisted with determina tion. The Japanese forces passed the night in battle formation and another assault was made on Monday at dawn. Ry 8 o’clock Monday morning Yangze Pass and the surrounding heights had been captured. General Kuroki ex plains the slowness of these actions by .stating that the (jjfficult topography of the battlefield made it impossible to maintain good artillery positions, and that the great heat fatigued his troops. The Russian force at Yangze Pass was estimated at two and one-half divisions and four batteries of artil lery. The enemy retreated toward Tanghoyen. General Kuroki reports the capture of some Held guns, but the number is not given. The Japanese casual ties are being investigated. The Capture of Sliantaikow. (By the Associated Press.) Tokio, August 2. (1 p. m.) —It is reported here that after three days cf desperate fighting the Japanese have captured Shantaikow, one of the important defenses of Port Arthur. Shantaikow is situated on the rail road leading from Port Arthur to Kin chou and is between Ingentzi Ray and Victoria Ray. but closer to the former than to the latter. Roughly speaking Shantaikow. is about ten miles from the actual fortress of Port Arthur/It , a position of great natural strength, > ..mmanding a broad plain leading to vVu< hi ilum, another strong position on hills about four miles froi/. the lortress Evacuation of Yangtsculing. (Ry the Associated Press.) Liao Yang. August 2. —After a fierce battle the eastern Russian force has evacuated Yangtseuiing (six miles west of Motien Pass). BISHOP FOlt TILE TAVERN. Potter Declares Hint the “Subway" Hits the Nail on The Head. (By the Associated Press.) New York, August 2.—Bishop Hen ry C. Potter delivered the the princL pal address today at the formal open ing of “The Subway Tavern.” a model saloon which was established by a number of leaders in the reform movement in the city.. The purpose of the promoters of the enterprise in to serve pure qliuor and food at low prices under the best possible moral conditions. Bishop Potter said he be lieved in the old village tavern as a meeting place where a long evening could be spent without the necessity of intoxication. The formal opening ended by the singing of the doxology. Postmaster for Cliai>el Hill. (Ry the Associated Press.) Washington, Aug. 2.—President Roosevelt and Postmaster General Payne today decided upon the ap pointment, among others of the fol lowing postmaster: North Carolina —Chapel Hill, W. A. L’-cyd. The News and Observer. WITH MENDS The Great Yearly Meeting Opens at High Point Today. (Special to News and Observer.) High Point, N. C., August 2.—The great Yearly Meeting of Friends be gins Wednesday. Today there was meeting of the permanent board of ministry and oversight and a confer ence of ministers and workers which is always held preparatory to the opening of the meeting. At these meetings there is a “getting together,” so to speak, of the Friends and plans form ulated and adopted for the successful carrying out of every detail of the meeting. The program of the meet 7 ing is as follows: Fourth Ray, the 3rd. 8:30 a. m. —Conference of ministers and workers. 10:00 a. m.—Meeting for worship and business. 2:30 p. m.—Meeting for business, Bible schools, peace, etc. 8:00 p. m.—Meeting for worship. Fifth Day, the 4th. 10:00 a. m.—Meeting for business. 2:30 p. m.—Report ot evangelistic and church extension. 8:00 p. m.—Presentation of temper ance work. Sixth Day, the sth. 10:00 a. m.—Meeting for business, report of Blue Ridge Mission commit tee. 2:30 p. m.—Report of Foreign Mis sion Board. 8:00 p. m.—Christian Endeavor. Seventh Day, the 6th. 10:00 a. m.—Report of Orphanage committee. 2:30 p. m.—Report of Guilford Col lege and other educational reports. 8:00 p. m.—Meeting of old student’s organization and educational address. First Day, the 7th 10:30 a. m.—Meeting for worship. Also at 2:30 and 8:00 p. m. Second Day, the Btli. 10:00 a. m.—Meeting for business. 2:30 p. m.—Report of Cdmmittee on Suppression of Liquor Traffic. Meeting for worship also at 8:30 a. m., each day. The North Carolina Yearly Meeting is a great organization numerically and spiritually. It is doing a great work quietly yet surely, our State owes much of its progress and un sullied reputation to the sturdy hands and big hearts of the Quakers living within her borders. The North Car olina Yearly Meeting makes an es pecial effort to have the young people from the cradle up and as a result has pecial effort to save the young people of any yearly meeting in the world They organize “Cradle Classes” and all the infants “joining” are enrolled upon the “Cradle Rock,” thus instill-, ing in the hearts of the little ones the first lessons of “Christian Patriotism.” The attendance this year gives promise of being fully as large as on previous occasions. Distinguished Friends from all over the Union and from some of the foreign countries will bigt present. An important matter coming before the meeting this year is the disposition of the meeting house and grounds A movement has been started to move the place of meeting to an other town. There are arguments for and against it. It is argued that thp property costs something like SIOO a year for repairs and preparation for Yearly Meeting and that if it is •con tinued here about $2,000 must bej spent in building a boarding hall and committee rooms, on the other hand if the property was sold for SIO,OOO and the money put in into the Church Extension Fund there would be some S7OO eaclt year to put into the exten sion treasury, build meeting houses, etc. But if the property is sold, where will Yearly Meeting be held, is the question. Guilford College is the most likely place advanced hut. some there do not favor the change. It is a ques tion that seems to have forced itself on the Yearly Meeting, ns there seems to be no one trying to force the mat ter one way or the other. On the sur face it looks as if the place of meet ing will be here for one year more, anyway. ' WHY SHF IS COMING HERE. Mysterious Woman From Europe Hears of Fine Mineral Baths in Carolina. (Special to News and Observer.) New York, August 2.—A beautiful and mysterious woman in white ar rived here from Europe today and says she docs not know why she came except that she was told North Caro lina possessed the finest mineral baths in the world. RALEIGH, NORTH CAROLINA, WEDNESDAY MORNING, AUGUST 3, 1904. THE CHIEMN JAIL Sent There by Justice of the Peace. Charged Wi:h Contempt of Court. Hew ai Officer Seaking to Perform His Duty Gets into Dur ance Vile. (Special to News and Observer.) Washington, N. C., Aug. 2.—Our ex cellent chief of police, Coorge N. Ho ward, is now behind prison bars in the custody of Sheriff Hodges in pur suance of a writ issued by Justice of the Peace E. S. Simmons, committing him to jail for contempt of court. The judgment of the court was that How ard pay a fine of ten dollars and cost of the action. Thin Howard refused to paj upon the advice of his eounstd. Judge G. 11. Brown lias been appealotl tc> by wire for a writ of habeas cor pus, His Honor now being in Chapel Hill. Justice Simmons, in delivering his opinion, stated that the respondent Howard could not appeal from his court or his decision. This contempt proceedings has aroused our community to a high pitch of excitement. The sentiment of the community seems to be largely in sym pathy with Howard. On Sunday, July 24th, several par ties had a tight in a house of ill fame and afterwards they came down town and went to Mr. Simmons' house for the purpose or surrendering: Mr. Nor wood Simmons, a son of the justice, went with them to his father’s orliee. After the parties had stated the pur pose of their coming Norwood ’phoned his father, who was at. his residence. Mr. Simmons over the phone directed his son to draw a warrant, send for Mr. J. L. Lucas, the deputy sheriff, have him swear to the affidavit and then he could take charge of the pris oners. Soon after the first occurred Chief Howard heard of the trouble and he at once went to the residence of Mayor E. T. Stewart and had a warrant is sued for thei rarrest. With this pro cess in his pocket the chief went in search of his prisoners. He saw them in Simmon’s office. He entered the of fice with his warrant and told them they were his prisoners as he had a warrant for their apprehension. This happened while Mr. Norwood Simmons was preparing a warrant to which he affixed his father’s signature by a rub ber stamp. This writ was complete with the exception that Deputy Sheriff Lucas had not affixed his signature to the affidavit or been sworn. Howard took his prisoners to jail. On Monday morning following Jus tice Simmons ha_ the prisoners brought before him atul tried and fined {.hem for an affray. The mayor postponed the case under hi.s warrants until he could consult counsel as to the proper procedure in the premises. The case before the mayor came up yesterday for trial and Justice Sim sons appeared as counsel for the de fendants, setting up a plea of a former conviction. Messrs. S. C. Bragaw, It. B. Nicholson and A. D. Mac Lean ap pearing for the city. In the progress of the case it de veloped that deadly weapons had been used. The mayor fined all parties in interest under hi.s warrant for viola tion of a town ordinance and then issued another warrant charging them with an affray with deadly weapoons and bound them over to the Superior court. Before the case of yesterday had been IrLd Chief Howard was served w*h « waivatt to appear before Jus uve of tne Peace E. S. Simmons for a contempt of his court. This case has been in progress since yesterday and lias attracted attention as few cases have in recent years. The justice claimed that Howard entered tiis court while it was in session and apprehend ed prisoners that were already in cus tody, hence was guilty of contempt. Howard claims that he meant no dis respect to the court, that he entered the office of the justice armed with a warrant duly signed and that he was simply doing his duty as a sworn of ficer. Several witnesses wore examined, Justice Simmons trying the case, not withstanding counsel for the respond ent, Howard, in tile beginning of the case asked that the court either allow a jury to try it or to refer same to some disinterested lawyer. The jus tice said that was contrary to law and he overruled the motion as made. The court delivered a lengthy opin ion and in doing so paid his respects to Mayor Stewart for his action in the matter, intimating that the Mayor was at the bottom of the whole thing. The court said it had great sympathy for the respondent, believing that he had been sinned against more than sin ning. The judgment of the court was as above stated. Howard is now in jail. The outcome of this case is awaited with interest. . WARREN IS AT WORK. A Parkor-G hum- Kit chin Club —Only One Ticket in the Field. (Special to News and Observer.) Warren ton, N. C., August 2.—A Parker-Glenn-Kitchin club was or ganized here yesterday. T. Polk. Esq., was elected president: H. B. Hunter, vice-president; R. G. Davis, treasurer, and J. C. Hardy, secretary. The object of the club is to enroll every Democratic voter and see that they go to the polls and vote in the November election. It is proposed to organize the whole county into clubs. When the campaign opens up the club proposes to give one big picnic and' rally and invite Governor Glenn and Congressman Claude Kitchin to speak. Warren is safe. There will be only one ticket in the field. A sensible man is one who has the commonest kind of common sense. THE CONVENTION OF THE FIREMEN The Seventeenth Annual Meeting at Salisbury. WORK OF THE FIREMEN An Address by Hon. B. F. Slaywate. Opening Events of the Great Meet ing. Nearly a Thousand Fire- Fighters are Pres ent. Special to News and Observer.) Salisbury, N. C., Aug. 2.> —The pro gram of tlie Firemens Tournament for Wednesday is as follows: 9 a. m.—Street parade. 11 a. m.—Engine contests —public square. 2 p. m. —Horse hose wagon race. 3 p. m.—Championship reel race. 4 p. m. —Inter-State reel races. 5 p. in.—Baseball. Bp. m.— Opera house. The seventeenth annual convention and tournament of the North Carolina Firemen's Association convened in Salisbury at 1 l a. in. today, the open ing Session being held in the county court house. President J. i>. McNeill, ot Fayetteville, called the meeting to order and Rev. W. B. Gutter, of Salis bury. offered prayer. In eloquent and touching sentences Mayor A. H. Hoyden, of Salisbury, ex tended a. hearty welcome to nearly cue thousand firemen already in the city. Following the address of Col. Boy den Whitehead Klutlz, Esq., also ex tended a welcome. The response to these addresses was made by Mayor (>. B. Eaton, of Win ston. who thanked the people of Sal isbury for their splendid care of the North Carolina firemen. Hon. 11. F. Sta\ mate, of St. Louis, a director of the .« a* .nnal contests at the Worid's Fait . ,v is a guest at the State tournament, was- introduced and made a forceful address on the great work of the firemen. He also spoke in behalf of the exposition, in viting all State tiremen to be present on the Fair gronds during Firemen’s week, August 22 to 28. At the afternoon session of The as sociation the State officers made their annnual reports which were accepted. GENERAL MILES WIFE DEAD, she Was a Niece of General Sherman and of Senator Sherman. (By the Associated Press.) West Point, N. Y., Aug. 2.—Mrs. Nelson A. Miles died here last night of heart disease. She and General Miles had been visiting their son, Sherman, who is a student at the military academy. General Miles was not present at the time of his wife's death, having gone out of town yes terday. He returned today. Mrs. Miles was G 2 years old. She made a number of calls yesterday and apparently was in her usual health. At her bedside when death came, were her son-in-law, Colonel Samuel Reber. I T . S. A., her son Sherman, and her nieces, Misses Fitch and Hoyt, of Washington. Mrs. Miles was the daughter of Judge Charles Sherman and a niece of the late Senator John Sherman, of Ohio, and General William T. Sheri man. Washington, Aug. 2.—President Roosevelt sent to Lieutenant-General Miles a telegram expressive of sym pathy of himself and Mrs. Roosevelt in the General’s bereavement. Mrs. Miles was well known to the President and Mrs. Roosevelt, who held her in cordial esteem. C. C. WADE FOR TIIE ROI SE. The Convention in Montgomery Coun ty—A Strong Ticket. (Special to News and Observer.) Troy. N. C., Aug. 2. —The county convention for Montgomery county was held here yesterday. C. C. Wade, who was clerk of the court in this county thirty-two years, was nomi nated for the House of Representa tives, It. T. Rush for sheriff, W. D. Al len for Register of Deeds, W. M. Bos tic for coroner, M. A. Bennett for county surveyor. This is a strong ticket and Montgomery will go Dem ocratic by 300 to 400 majority. E DEED OF BLOOD Kills His Father-in-Law. Prison’s Shadow Falls Upon Him. (Special to News and Observer.) Tarboro, N. C.. Aug. 2.—Mr. B. Var riell, of this county, was killed this af ternoon in a personal encounter with his son-in-law, Joe Phillips. !he kill ing' took place near Macclesfield, No. 9 township. Joe Phillips has been ar rested and is now in custody". Ihe trial will take place tomorrow at Mac clesfield before Justice J. J . Harris. Mr. Varnell was a highly esteemed cit izen of the county and his death is deeply deplored. GEM CITY EVENTS Death of a Prominent Bu siness Man. Hunter Kills a Black Bear. Mr. Kirby Smith’s Death Accidental, Cotton Takes the Place of Tobacco. (Special to News and Observer.) Goldsboro, N. C., Aug.* 2.—The death of Mr. George Futrell, a promi nent business man of Mount Olive, has occurred at his homo in that town of fever. He had in this city a wide cir cle of friends and acquaintances who will sincerely mourn Ids death. Mr. George tto.se, an employe of the Enterprise Lumber Company* of this city, yesterday had his hand badly lac erated while putting some teeth into a planing machine. The eeth caught his hand and it was torn terribly before he could extricate it. A doctor was immediately summoned, who dressed his wound, and he is now resting well, though it is feared that his hand will have to be amputated. Not a Case of Suicide. Hon. Atlas T. Uzzell, brother of the late Mr. Kirby Uzzell, was in this city this morning and requested us to cor rect the report received here by tele graph that his brother had committed suicide. Mr. R. L. Uzzell, of Bainbridge, Go., a brother of Mr. Kirby, accompanied Die remains home. He says that Mr. Uzzell had been suffering a great deal of late, and on last Thursday evening, while in pain, took an overdose of morphine, which resulted in his death. After taking the dose of medicine he walked up to the hotel in Sanders ville, Ga., where he died .and repiark ed to some friends that he was afraid he had taken an overdose of morphine and was feeling very’ bad. One of the gentlemen looked up at- Mr. Uzzell and saw that he was in a dangerous condition and he was taken to his room and two doctors summon ed. but he immediately became uncon scious, and after working for several hours the doctors were unable to re vive him. Mr. Uzzell was buried on the planta tion of his brother, Hon. A. T. Uzzell. Sunday afternoon. He was 38 years ot age. The Tobacco Market. The tobacco market opened up here yesterday for the season, but there was very little of the golden weed on the market. In fact there is very little in this section to be marketed. Out of the three warehouses here there will be only* one in operation this fall. The farmers of this section have di rected their attention to the cultivation of cotton this y*ear, and the crop will be the largest ever raised in the coun ty. All crops are good and old far mers say that with good seasons from„ this time on, the harvest will be the largest raised since the first year af ter the war, when corn grew in the woods where the Yankees had their camps. Killed a Black Bear. Mr. S. L). Broadhurst, of Indian Springs township, brought to this city this morning a black bear, commonly known as a hog bear, which he killed in the public road about one mile from the old Arrington bridge yesterday morning about 11 o’clock. The bear weighed 175 pounds and was fat and in good eating condition. At a meeting of tlie directors of the Bank of Wayne, of this city*, held yes terday, a semi-annual dividend of five per cent, was authorized, payable Au gust 5. A handsome sum was also added to the undivided profits. THE DEMOCRACY OF HARNETT. A Barker and Glenn Club Organized— D. 11. McLean. President— Much Enthusiasm. (Special to News and Observer.) Dunn. N. C., August 2. —A large and enthusiastic meeting of the Dem ocrats of Harnett county yesterday organized a Parker-Glenn club. Hon. ). H. McLean, of Harnett county, was elected president of the club. He was nominated by H. L. Godwin, Esq., in a ringing speech, in which he referred to Mr. McLean’s past Democratic rec ord in Harnett county and in tire State. He said that under his protect ing hand and safe wisdom Mr. Mc- Lean had led the host of Democracy to triumphant victory in Harnett county for many years. Mr. J. P. Pitt man, editor of the Guide, a strong Democratic new*spaper, published here, was nominated for secretary in a speech to the point by Mr. O. P. Shell. The meeting was enthusiastic tfnd every indication points to a vic tory for Democracy in Harnett coun ty in November of over one thousand majority. On motion, the club unanimously passed a resolution inviting Hon. G. R. Patterson, Congressman ,of this district, and lion. Francis D. Winston, Democratic nominee for Lieutenant- Governor. to address the club and the citizens of Harnett county at Lilling ton orr August 30th. Later on in the campaign Hon. R. B. Glenn, Demo cratic nominee for Governor, will be invited to visit Harnett and speak iQ our people on the issues of the cam paign. Also H. L. GoTlwin. Esq., Par ker and Davis elector, for this district, will be invited to address the club. the club adjourned to meet oh the Bth of August with the new executive committee to be elected next Monday by the convention. The prospects for Democracy are brighter in Harnett county than they have been in y*ears and every one is confident of a triumphant victory for the Democratic party, both in State and nation on November Bth. Society women who appear in even ing dress are candid—at least, they don’t try to conceal much. VARDiI GUILTY? If So He Grossly Insulted One Woman. But Roosevelt in His Attitude Toward the Negro Insults Men, Women and Children of the Entire South. (By the Associated Press.) Washington, D. C., August 2. — Postmaster General Payne today made the following statement explaining the reasons for refusing to name a Missis sippi postoffice in honor of the Gover nor of that State: “On the 6th day of May, 1 904, a pe tition was filed with the department asking for the establishment of a post office at a certain point in Calhoun county, in the State of Mississippi, and requesting that it be named Varda nian. “Immediately, the usual investiga tion made by the department as to the necessity for the establishment of the office was undertaken. Pending the in-) quiry, a copy of the Daily Clarion- Ledger. a newspaper published at Jackson, Miss., dated August 25, 1903, was filed with the department, con taining an article to which the depart ment’s attention was called. r J his ar ticle was a copy of an editorial printed in the Commonwealth under date of January 10, 1903. which paper is pub lished and edited by Governor Varda nian. The article in questipn was so vile and indecent in its statements con cerning the mother of the President of the United States as to be unfit for reproduction. The Postmaster Geneml did not esteem it proper to give a postoffice the name of any man who had used such language regarding: any woman. The postoffice ,in question has been ordered established and given the name of Timberville. “In exercising the discretion given him by law the Postmaster General frequently rejects names suggested for proposed postoffices. He has never been clearer as to his duty than in this case. “It is proper to say that President Roosevelt had no knowledge of the in cident referred to.” The name Timberville, bestowed in lieu of Vardanian was suggested among others by the parties interested in that neighborhood, one other name having be£n rejected because of its similarity to that already held hg an other postoffice in this State. On the Diamond. American League. (By the Associated Press.) At St. Louis — R- H. E. St. Louis. ...002 0 10 0 0 o—3 71 Philadelphia 1120 10 0 0 4—9 14 2 Batteries: Pelty and Kahoe; Wad dell and Schreckengost. At Chicago— R. H. E. Chicago 0011 01 0 2 *—s 5 2 Washington .01 000000 o—l0 —1 2 3 Batteries: Owen and Sullivan; Jacobsen and Kittredge. At Detroit — R. H. E. New York..oooooool 0 I—21 —2 S 4 Detroit 0 00010000 o—l0 —1 4 2 Batteries: Powell, McGuire and Kleinow; Mullin and Drill. At Cleveland — R. H. E. Cleveland ...0 0100 00 0 o—l0 —1 6 2 Boston 1 0000 110 I—4 11 2 Batteries: Moore and Buelovv; anneliill and Farrell. Southern League. At Montgomery— R. H. E. Memphis ...0 0000 00 1 o—l0 —1 f> 4 Montgomery 02 0 01000 *—3 6 2 Batteries: Mclntyre and Fritz; Hale and Clark. At Birmingham— R. H. E. Birmingham 000000000 I—l 4 0 Little Rock 000000000 o—o0 —0 8 0 Batteries: punham and Matthews; Dannehower and Zinram. * At Nashville — R. H. E. Nashville ... 1100 42 0 0 *—B .8 0 Shreveport ..0 2000 00 0 I—31 —3 f. 3 Batteries: Herman and Accorsini; Hughey and Graffius Second game. R. H. E. Shreveport ..1002 11 01 o—6 11 0 Nashville ...0 0000 21 0 o—30 —3 10 2 Batteries: Fey and Graffius; Piatt, Frickle and Accorsini. South Atlantic League. At Macon— R. H. E. Macon 0 0000020 I—31 —3 C 1 Charleston ..00000000 o—o 6 2 Batteries: Segars and Quinn; Childs and Smith. DIED OFTHEBLOW Charlotte Officer Killed by Boy Who Struck Him With Fist. ) (Special to Nows and Observer.) Charlotte. N. C., Aug. 2.—As the re sult of an altercation with a 14-year ol<j boy, Ofiicer J. H. Brown, who has been a regular patrolman for the past six months, died this afternoon. Paul Biggers, a newsboy, had some words with Officer Brown this morn ing, the trouble arising from a bull dog owned by Biggers. During the fight Biggers struck Brown in the stomach with his head, causing in juries from which the officer died five hours later. The boy is held for murder and the trial will take place tomorrow morning. AIAA A.A.AA AAAA XA AA -AA A A ▼ TTTTfTTf rfTTfTfTYj | THE WEATHER TODAY: £ ♦ For the City, | Showers. Price Five Cents. TUNC IT SPOKE NUNC IT FORGETS Receivership News Pur veyor in Bad Way. THINK-TANK DAFFY Herein is Set Forth As Nearly As Pos sible in Letters of One Sylable the Tuncness of the Nuncness So That Even the Blind May See. It is painful to note how some peo ple in this enlightened age have fail ed to grasp the “nnineness of the 111110’* —in other words how frail and delicate a thing is the public memory even when a matter has been shouted from the housetops so that all might hear. Knowing this and realizing that the average citizen, roilsed as he may be at the spur of the moment to take off his coat and save the State, goes quietly back the next morning to at tend to the routine of his persons?! affairs so that he speedily forgets, it was sought yesterday to explain calm ly and through means of patent facts the broad and glaring difference be tween themunc and the tine of Judge Purnell’s latest Cuyler-Finch-Meßee order. And it must be said that to the people the thing was made plain; but there seems to be need still of explanation and careful reminder in one other quarter. Surprising as it may seem, that quarter is none other than the Morning Post, the organ from the be ginning, of Mcßee, Finch and Cuyler and the bright particular of the Receivership runs of the Atlantic and North Carolina Railroad. It was hardly to be supposed that the tunc would have been lost in that, quarter, yet such would appear from its yes terday’s editorial to be the case. Hence, an explanation—as nearly as possible in words of one syllable—as to what was tunc and what is nuinc, and, in addition a little history which will be drawn from the source that should be Considered in all conscience good authority for the purposes of this discussion —the columns of Munc pro Time itself. You said in your editorial of yes terday, Tunc, the following: “An important order in the Cuyler suit concerning a receivership for the Atlantic and North Carolina Railroad is published for the first time in The Morning Post today, Besides the fact that it brings in a new party the or der sets out what was stated from the bench at the time Judge Purnell made the order granting the petition for a receivership, viz: that, it was not the purpose of the court to tie up the road indefinitely in the hands of a received and thereby prevent a lease or other disposition of the jSroporty 10 the advantage of the stockholders, hut tlint the court would consider an order to least 1 as a basis for discharg ing the receivership.” Do not jump at conclusions, Nunc, nor take things too easily at. their face value: that is a habit that has lead many a good man into egregious and serious loss. In your editorial you state that “the order sots out what was stated from the bench at the time Judge Purnell made the order granting the petition for a receivership.” Why, then. Tunc, did you publish the news that the owners of the road were permitted to lease their proper ty under big headlines? If Judge Purnell made the order from the bench in May that be in corporated in the order of July 27th, where does the news come in ? As has been stated before with all seriousness “nunc pro tune” means “now for then” and if the nunc order was really the tune order, where, pray, is the news in nunc pro tune? Blit if you had looked more care fully info the matter, Tune, you would have found that what you said tune will not tit in nicely with what you say nunc. The game of “follow my leader” has its limitations. If you had turned over your files to May 29th, Tunc, you would have found that your version of the order made on that day was as follows: “During the hearing the court stated that it was not in the province of the court to lease the road, hut simply to preserve the property and when the order was made appointing the receiver the court said in re sponse to inquiry that stockholders can at any time they desire hold a meeting and vote on propositions for the lease of the road and when any proposal is accepted by them it caii 1)0 submitted to the court for approval and in the event IT IS SATISFAC TORY TO TJfK COURT lie will there after dismiss the receivership.* Now, Nunc, which version is right, do yon say? In view of the fact that the News and Observer caught the same thing in almost the same way, the differ ence in vertiage being only sufficient to show that the two reports were written by different men. both trying to be accurate, there will be left little doubt as to what was tunc and what was mine. The order as the News end Ob server had it on May 29th was as fol lows: “In the' meantimo Mr. Thomas l). Weaves, of Wilmington, is ap|>oiuted receiver to take charge at mice, and the restraining order is criticised., This, the judge said, will not permit the stockholders from meeting and determining the question of accept ing a lease proposition. Os course, he said, if the stockholders should decide to lease it they could SUBMIT THE PROPOSITION TO THE COURT, AND IE THE COURT AP PROVES IT, the receivership will be vac-tcd.”
The News & Observer (Raleigh, N.C.)
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Aug. 3, 1904, edition 1
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