Newspapers / The News & Observer … / Sept. 29, 1905, edition 1 / Page 1
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t THE WEATHI2H IX)-DAY. $ ►'or the State. £ ♦ Increasing cloudiness, with 4 ruin ill South ami West 4 ♦ portions. ♦ Volume LVIII. No 16. Leads ail Morth (JaFoima Dailies in Mews sma^Jirculation PERKINS REFUSES ROOKSOEMIDED But Will Have to Pro duce Them. A JUGGLE WITH.NAMES ••Commuting Renewal Premiums” Be fore the State Superintendent of In surance Were in the Eyes of Vice- President Buckner of the New York Life Loans to Agents. (By the Associated Press.) Mew York, Sept. 2S. —Several sen national incidents developed at the session of the Legislative Committee on Life Insuarnce Investigation today. The first was when George W. Per kins, vice-president of the New York Life Insurance Company and member of tiie firm of J. P. Morgan & Com pany. objected to probing the books of his firm showing a certain transac tion of that firm with the New York Life. Mr. Perikns offered to present a copy of the entry in question from the books, but Mr. Hughes demanded the books after several refusals on the part of Mr. Perkins. The books will be produced later. in the course of his testimony Mr. Perkins, when asked concerning the difference in the “statement of profits from securities’’ in the Massachusetts report 01 the company and of “net profits from securities” in the New York report said: "When we get national supervision we won’t have these conflicts between the different States.” Mr. Perkins testified to a number of transactions in which he represent ed Morgan & Company as seller and the New York Life Insurance Company as purchaser. Another Sensation. Another sensation was sprung later i lithe day when Vice-President Thom as A. Buckner, of the New York Life Insurance Company, detailed the ad vances made to agents and which were carried in the report to the State Superintendent of Insurance, as “Com muting renewal premiums.” it was brought out as a matter of | fact that these advances were loans to agents but were not carried as such. Mr. Buckner testified that advances were made to ugetns sometimes as inducements to leave other companies and enter the employ of the New York Life. A situation of con diet in Buf lalo in 1901 between the Equitable end the New York Life was brought out, and in order to get agents of the Equitable away from that company, liberal advances and liberal contracts were made by the New York Life. Mr. Buckner testified that these ad vances to agents in the Buffalo branch oi the New York Life in 11102 alone exceeded by $45,000 the amount really earned by those agents. Later Mr. Buckner acknowledged this was most ly extravagant and said in 1003 the amount wasfeut down by half and by halt the remaining amount in 1902. A copy of a contract and a confi dential letter to David H. Desbecker, of Buffalo, one of- the agents in ques tion, showing the inducements held out for him to enLr the employ of the New York Life was read. The confi dential letter showed that the New York Life Insurance Company agreed to pay Mr. Desbecker a bonus of $4.- 000 and to make certain advances to him. Any returns for these advances, Mr. Buckner said, were carried as an asset until the end of the year and then they were charged off to profit and loss. Clash With a Witness. While Mr. Perkins was on the stand, during the afternoon there was somewhat of a clash between the witness and Mr. Hughes, the first of anything of this nature that has occurred since the committee began its sessins. It was when Mr. Perkins was testifying l the moneys in the “Nylic” fund of which he is trustee. Mr. Perkins did not want it to appear on the records that the agents paid part of their salaries into thf fund under contract. unless the words, “and bonuees.” appeared. He said to Mr. Hughes that he (Mr. Hughes) was trying to get away from someth ing and the counsel hotly retorted that he was not and that if Mr. Per kins would answer his questioiY much ''“lter prn«rra«s would be made with the investigation. Earlier in the day Henry R. Win throp, of the Equitable, while on the stand, presented a statement of the transfers of the stock of the Equita ble at the time of its change of man agement and the directorate. Most of the transfers Mr. Winthrop was able to explain, but somehow he was not. At the time of these transfers Mr. Winthrop was the holder of twenty five- shares. He thought the actual owner was James H. Hyde, as ho turned the checks for the dividends over to Mr. Hyde. Mr. Winthrop was again called to the stand just before adjournment. Mr. Buckner having given away to explain a trustee account brought up earlier in the day. Mr. Winthrop pre sented a type-written statement of the account and said the loans would be paid off fn a few days and the col lateral entefed on the books of the company. Before Mr. Buckner retir ed. however, he was asked to pro duce a statement of the expenses of the Paris office, with a record of the real estate held there and the busi ness that comes under jurisdic tion. Mr. Buckner had been ques- The Only Newspaper m North Carolina That Mas Over 10,000 Subscribers . The News and Observer. tioned most of the afternoon on the foreign business and its cost to the home office. The committees will resume its ses sions tomorrow. CODE AND JONES IN JAIL. These Two Men Will Occupy the Same Hoorn in the Hospital Section. Norfolk, Va., Sept. 28. —Charles P. Colo, charged with the embezzlement of $4.0«*0 from the Southern Bell Tele phone Company, of -which he was formerly cashier, and Captain E. W. Jones, charged with the murder of Maud Cameron Robinson, will occupy the same room in the' hospital section of the jail pending their trials in the corporation court, both of which are now set for next month. Cole came to Norfolk six years ago from Jonesboro, N. C., where his par ents live now. He was allowed to go there for the purpose of raising mon ey to pay tiie bonding company, but he failed in that, hence the criminal prosecution by the bonding company now. GRACIOUS! WHERE’S HER DOLL? Little Miss Jackson is to be United to Mr. Tuck. (Special to News and Observer.) Richmond, Va., Sept. 28. —A license to wed has been issued in tiie clerk’s office of the Corporation Court of Manchester, to Miss L. J. Jackson, thirteen years old, and Eddie L. Tuck, an iron worker, thirty years old. The groom is a native of Kentucky. The youthful bride-elect isa native of North Carolina, and is a daughter of Mr. and J. B. Jackson. Both Mr. Tuck and Miss Jackson live in Manchester. HE THOUGHT DAM Yea. Morgan Talked of Several Dams. But Concluded He Knew Nothing About Them, So Won’t Go to Panama to Look at the Ditch. (By the Associated Press.) Birmingham, Ala.. Sept. 28. —Sena- tor John T. Morgan, of Alabama, has written a letter to Chairman T. P. Shouts, of the Panama Canal Commis sion, declining the invitation to ac company the commision which leaves New York today for Panama, The Senator thinks nothing will be accom plished by the trip. His letter says in part: “In your telegram of the 22nd in stant you speak of a large party who are to sail with the commission and tiie adviroiy board to Colon and are to have comfortable facilities for mak- I ing touts of inspection and examina tion of the canal. In the matter yt sight-seeing, such facilities will afford much pleasure, which I regret I am not prepared to enjoy, but I do not suppose that such a surface inspection of the appearance of conditions in Panama would give me any data front which I could form any judgment as to the practicability of a lock canal, ] or a sea level canal, or the preference due to either plan, or as to the cost, or the time required for the comple tion of the canal on either plan. “I could not wisely, intelligently and justly give an opinion to any com missioner or to any members of the advisory board as to the possibility of a dam at Bohio, one hundred and six ty-eight feet below the level of the sea, that would supply a canal at 30 feet above sea level; or as to a dam at Gamboa that would control the waters • of tiie Charges River; or as to a possi ble tunnel to either ocean to carry off those flood waters. “I could not inform the able, cour ageous and distinguished chief of the hygienic service in the canal zone whether, if we should floor all the breeding places of the stegomyia fas ciata with great lakes, we would not increase them a thousand fold along the margins of the great bodies of fresh water, in the tropical under ; growth that would spring up around j them in a few hours. “I must say that I distrust the ex pected advantages to Congress or to the countiy, of such an excursion, or the value of any opinion that may be formed on great engineering problems, by a body of gentlemen who are non ; professional and must form their con j elusions from surface appearances. I “Since the ratification of tiie Hay i Varilla treaty, which I opposed, I i have done all that I could and much more than I thought could ever be of advantage to the country to sus tain the government in its purpose to construct a canal at Panama. Yet I j have not believed that success could crown their efforts, even in their most costly and desperate form. You may find the key to unlock the barriers that nature has interposed at Panama. It you should be so fortunate, I would applaud your genius and courage. I will vote to provide you with every teasonable authority and power to ac complish your task and to meet your tremendous responsibility. “In the effort to answer your friend ly invitation with perfect frankness, T I have said anything that jars upon vour sensibilities, 1 have not so intend ed it and would regret it. I beg t* assure you of my sincere respect and to say that I will rejoice with you in the successful completion of the great work in your charge. “Sincerely yours, (Signed) “JOHN T. MORGAN.” Dodging work keeps many a fellow busy. Lots of people feel puffed up with out the aid of a press agent. RALEIGH, NORTH CAROLINA, THURSDAY MORNING, SEPTEMBER 28, 1905. THESE BE TIMES FOR CHARLOTTE Any Finger That Can Hit a Key. THAT IS ONE SLOGAN Eight Hour Day is the Other. The Union and the Master Printers Stand Firm. Statements From Both Sides. Non-Union Men Come From the North. (Special to News and Observer.) Charlotte, N. C., Sept. 28.—The Charlotte News this afternoon declares in unmistakable terms that the light against the union printers has been won by the master printers. Both the News and the Chronicle came out on time this afternoon. The News contained its full quota of telegraphic and local news and the Chronicle showed little signs of the impending strike. Early this morning four machine men from Philadelphia arrived and commenced work at once; others will be in on the night trains. The union printers issued a state ment this afternoon that wlas pub lished in circular form. It contains no new matter, only setting forth the former claims of the typographical union. The men claim that they will continue the fight. There has been no trouble, though it may occur at any moment. The employing printers have made up their minds not to yield one inch if they have to shut down their plants, but the situation has im proved greatly since yesterday and each day the newspapers expect it to be an easier matter to get out their publications. The Union’s Contention. The following telegram giving the printers side of the contention, was received last night: Charlotte, N. C., Sept. 28.—The printers' (position is eight hours work and do as we please with the other six teen. We presented the following agreement: “This agreement witnesseth that the party of the first part by signature hereto at tached agrees to recognize eight hours as a day's work by the members of the aforementioned Typographical Union, parties of the second part, as a day’s work on and after January Ist. Ie is expiessly stated and understood that this agreement shall in no way be construed to have any effect what ever on the present scale of prices or use of the label, but that it is a sepa rate and ristinct agreement, and in no way constitutes a bar to negotia tions between tiie parties on any other line.” The master printers refused. The printers walked out.No other con cession was asked for. The printers offer to consider any proposition that does not include recession from the eight hour day. The fight is quiet and orderly. The printers will nt>( return to nine hours. Usually good feeling prevails* between the opposing parties. There is no prospect of settlement for several days. The printers insist that j they have given employers every due consideration. The proprietors knew the controversy was coming and stated before hand that they had prepared themselves for it. L. W. PRIDGEN. Sec’y Charlotte Typographical Union No. 338. Mr. Dowd’s Statement. People all over the State are watch ing with interest the developments in the strike of the union printers at Charlotte. There is no lack of nerve being shown on either side. There is a flicker of humor on the surface of things, notably in the typographical appearance of the -papers, but be neath one sees the grim expression of fixed resolve. Speaking from the em ployers' point of view, President W. C. Dowd, of the News Publishing Company, came out yesterdav in the following editorial statement: “News readers and advertisers are asked to be lenient for a few days. “I returned from a business trip to New York at 10 o'clock last night, I requested the men in my office to work today in order that I might in the meantime confer with them. This they refused. I asked them to give me until 12 o’clock today, and was inlormed that unless I acceded to their demands by 7 o’clock this morn ing they would refuse to go to work. 1 refused to accede to their demands and my men walked out. “Briefly the strike is for an eight hour work day with nine hours pay. Few of the men in this office work more than eight hours, and they make from $13.50 to $25 per week. We have made concession after concession to them for years until we can stand it no longer. Henceforth we will run this shop according to our own ideas or shut it up. “We deeply regret this trouble, but we did not make it. Few of our men wanted to quit. The trouble has been brought on by agitators and distur bers. Most of our men have been here for years and we have become attached to many of them. They will suffer and so will we. We shall be badly handicapped for some time to come, but whatever the cost, we will not yield to these unreasonable de mands. “If our friends will bear with us we will soon be in shape to give them i good service.” I In another place In the same issue I in heavy black display type, appeared 1 the following advertisement for type writers to run linotype machines, ’la dies preferred:’ ” “Typewriters can earn big money on linotype machines. Ladies pre ferred. Apply at once. “News Publishing Company, W. C. Dowd, Mgr,” Meanwhile amid the “wild, grim dance” of all sorts, sizes and condi tions of type, the Observer’s poet rolls up his sleeves, and inspired perhaps by tiie fumes of conflict breaks forth with the following: , THE STRIKE. Our devil is promoted To the ranks of demigod Our galley boy is setting type While a new man heaves the hod. Our cub stands by the hellpot Oh, you never saw the like Os rustling since our printers tried To force us with a strike. They thought they had us on the hip. Light work and heavy pay. Their stern demand, for which most j men Are well content to pray. They thought they had us helpless, loads, But will change their minds, no doubt. For if we uns engrave it all The paper’s coming out. Oh, dream you not that any place Cannot be soon supplied. Our editor is setting ads. And proving on the side. We’ve rolled our sleeves up shoulder high Are laughing at our luck. And we will send the sheet to press It a thousand printers struck. -"U. Light work and heavy wages! They took their coats and went. They thought to punish us hut soon Their savings will be spent, And when they saunter down the street They’ll hear the same old shout Os the newsboys on the corner, — For the paper’s coming out! All of which goes to show that life in Charlotte just now presents to the student of modern conditions points of profound interest. NEGRO ]HE ISSUE Shall His Vote be Now Restricted? On This Line the Democrats of Mary land Will Engage Their Op ponents in the November Election. (By the Associated Press.) Baltimore, Md.. Sept. 28.—At tiie Democratic State Convention of Mary land which was held in Ford’s Opera House, this city, today, Comptroller of the State Gordon T. Atkinson was re nominated and a platform adopted which, excepting a paragraph indors ing the excellent business administra tion of tiie present Democratic gov ! ernor, Edwin Warfield, is wholly de voted to the advocacy of tiie -pro posed constitutional amendment to restrict negro suffrage which will be voted upon at the November election. The platform declares as follows: “By common consent, the only is | sue in this campaign is whether negro suffrage, put upon us against our will, by force, shall be restricted and its power for evil destroyed. "This Democratic convention, rep resenting two-thirds of the white peo ple of the State, reaffirms the declara tion of our party in our platforms of 1899 and 1903 upon this subject, and now proclaims anew our resolute pur pose to maintain the supremacy of our race and its control by all lawful and constitutional means of the ad ministration of the political affairs of the State. “Believing that the proposed consti tutional amendment will operate as an effective remedy for the evils of our situation, without prejudice or injury to any race or class, regarding it. moreover, as a complete response to the clearly expressed mandate of the people, we unreservedly commend and approve it. “We make it the single issue of this campaign. “We declare it to be our battle cry. “The negro vote as it stands today i is a perpetual menace to the prosper- I ity and peace of Maryland a menace I to our very civilization, for it is igno- I rant, corrupt, the blind instrument of unscrupulous and selfish leadeis. Seantor A. P. Gorman was present at tiie convention but did not pat tici pate in the proceedings. TO STOP AT HIGH POINT. President Roosevelt Will lake a Look at That Busy Burg. (Special to News and Observer.) High Point, N. C., I dent Roosevelt will make a short stop here while on his tour. A prominent Republican of this place who has been in consultation with the President is assured of this fact. Miss Sallie Benley, of Ashebojv had a narrow escape front oeing run down by a train here yestei day. While at tomnting to get over the main crossing a train was near upon her before she saw it The train car l .? up from an opposite direction in which she was looking. „ „ . „„ Salisbury, N. G., - e Ph -8. A letter received here today trom Secretary Loeb to Senator Lee S. Overman, states that President Roosevelt will make a five minutes stop- *" Salisbury in the afternoon of October 18th, on the oc casion of the President’s Southern trip. FIGHT TO ANNUL LEASE OF MULLET Stockholders and Direc tors Meet. OFFICERS ARE CHOSEN J. W. Grainger, of Falling Creek, Was Elected President. The Sentiment of the People Much Divided On the Matter of the Lease. (Special to News and Observer.) New Bern, N. C., Sept. 28.—At the meeting today of the stockholders of the Atlantic and North Carolina Rail road, a sensation was sprung when Mr. C. E. Foy, of New Bern, offered a i esoiution to institute proceedings to set aside the lease of the Atlantic and North Carolina Railroad to the How land Improvement Company. The same resolution was offered in the meeting of the board of directors, and in both meetings Mr. Foy’s resolution was tabled. But there is strong senti ment in this county, in Lenoir and Pamlico to set aside the lease. In Wayne and Carteret the preponder ating sentiment seems to be against setting aside the lease. No sooner had Mr. Foy offered the resolution to institute proceedings than Mr. E. C. Duncan moved to table the resolution. The vote stood: To table, 707 of private stock and 350 of the State’s stock: against tabling, 231. The stock of Pamlico county was not voted, Mr. D. B. Hooker stating that he did not hold the proxy of the county, but Pamlico county is under stood to be in favor of the Foy reso lution. When the lease was made one year ago, the vote in the stockholders meeting stood: For the lease, 1,305; against lease, GB. Just before Mr. J. W. Grainger, president of the road, took the train for his home in Kinston, a represen tative of the clerk Os the .Superior Court served him with a notice of an action, brought by W. S. Hill, for himself and others to appear at Craven Superior Court on Monday, October 9th, when the complaint, giv ing the grounds upon which the suit will be brought, is to be presented. Mr. Hill, who brings the suit, owns two shares of stock. At the meeting of the stockholders held here when the lease was Mr. Foy filed a strong protest against the lease, which sot forth at length the reasons ,vhy he protested against making the lease at that time, at which he re garded too low a rental. There is heard strong criticism of the attempt to set aside the lease mainly on account of the fact that the lessees have made great improve ments on the road, have spent or ar ranged to spend two million dollars to improve the road and to build a trestle to Beaufort. There is difference of opinion among lawyers as to the suit, some declaring that there is no ground upon which the lease made last year and approved by nearly all the stock holders present can be set aside. Mr. Hill and v.is associates, who are rep resented by Messrs. W. W. Clark. O. H. Guion and W. T. Dortch believe they have good grounds and a good chance to annul the lease. Details of the Meeting. The stockholders’ meeting of the Atlantic and North Carolina Railroad Company was called to order at noon today in the office of the Trent Ware house, Col. Jos. E. Robinson, of Golds boro, presiding. C. Stevens and W. 1.. Arendell, secretaries A full represen tation of stock was present. The reg ular routine business was transacted. The directors, on the part of the stockholders, were as follows: Derap scy Wood, Falling Creek; C. E. Foy, New Bern; E. C. Duncan, Beaufort; Henry Weill, Goldsboro, President J. W. Grainger read his report which was unanimously ac cepted. The by-laws of the company were amended in respect to the Finance committee, increasing the number from six to eight. The committee on the part of the stockholders were: T. A. Greene, New Bern; G. H. Rob erts, New Bern; J. A. Meadows, New Bern; W. L. Kennedy, Falling Creek; R. W. Taylor, Morehead City; L. Har vey, Kinston. On part of the di rectors: Col. A. C. Davis, Goldsboro; and Geo. W. Summerell, Kinston. Proxy committee: L. J. Daniels, H. R. Bryan, Jr., New Bern; D. Oettin ger. J. C. Parker, Dr. Henry Tull, W. L. Arendell and S. Wooten. Mr. C. E. Foy offered a resolution directing the directors of the Atlantic and North Carolina Railroad Company lo enter suit against the Atlantic and North Carolina Company for th’e pur pose of annulling the lease held by the late company. The resolution was tabled. The stockholders meeting then adjourned. Immediately after ward the new board of directors met, accepted the president’s report and proceeded to transact their regular business. Mr. C. E. Foy offered the same reso lution before the directors’ meeting he had offered before the stockhold ers. which was again tabled. They then proceeded to elect new officers. Mr. J. W. Grainger, of Falling Creek, was elected president; D. J. Broad hunt, of Goldsboro, secretary and treasurer, and H. B. Holland, of New Bern expert accountant. Business being completed the meeting ad- journed for twelve months, subject to a call. i To Set Aside the Lease. The following information was re ceived from some directors and stock holders of said railroad this afternoon. A, suit was this day instituted against the Atlantic and North Carolina Com pany, and the Atlantic and North Carolina Railroad for the purpose of setting aside thy lease of that railroad. It is understood that some two thous and shares of private stock is inter ested in this suit. The people in this section are much against the lease and feel that a great property right has been unlawfully taken from them, and at a price much under its value. For instance the entire road with all of its equipments, franchise and privi leges has been leased tp the Howland Improvement Company, now the At lantic and North Carolina Company, at fifty-three thousand dollars per year, when the year before, when it was operated under great difficulties, its net earning was more than seventy tight thousand dollars per annum. And the present lessees made a net earning of seventy-nine thousand dol lars for the first seven months. East ern North Carolina is increasing in commercial, agricultural and manufac turing industries more rapidly than ever before known, in this country, and further that the harbors of the South Atlantic seaboard must of neces sity share in this increased value which will be produced by the con struction of the Panama canal by the United States government. We are informed that the basis of the suit is the lack of power of the directors and stockholders to make the lease, and the violations of the various covenants therein, especially the raising of the freight rates from ten to one hundred per cent' in direct violation of one c.f the covenants therein. APPLES AND EYES First of Western Carolina Opens Second. The Apple Fair at Asheville Has De monstrated the Pomological Possi bilities of That Section to Streams of Visitors. (Special to News and Observer.) Asheville, N. C„ Sept. 28. —The Western North Carolina Apple Fair will came to a close tat 4 o’clock to morrow afternoon. The exhibit of fruit from the counties of Buncomtbe, Haywood, Yancey and Madison has demonstrated the possibilities of apple culture in the western section of the Old North State.t The showing of apples at the fair has served as an eye-opened to thtose who have visited the committee rooirl of the auditorium. The fair has been a success, and from the time the exhibits were offered to the inspection of the public there has been an almost constant stream of vis itors and residents to the fair rooms. The judges of the fair will do their work tomorrow morn ting and after their decisions the premiums will b< awarded. The Asheville postofflee authorities have been advised by the department at Washington that aluminum souve nir postal cards must not the handled unless in covers, and that the cards must betr a two cent stamp. The fad of sending away alutminum souvenir postal cards from Asheville has be come ouite an item in the business of the local postofflee and likewise no little annoyance. It has been ascer tained that other mail matter is in danger of being injured by coining in conttact with the sharp aluminum edges of the cards, and the depart ment at Washington has settled the matter by ordering that taluminum cards are unmailable untless plaved in covers, and in the future they must not be handled loose. THEY DISCOVER MR. WITTE. A Dozen Russians to Welcome Him Home. Where One Saw Him Oil'. (By the Associated Press.) St. Petersburg, Sept. 2 8. —M. Witte arrived here today and was accorded a very heartv reception by a large crowd of officials and others. In a brief speech replying to a welcoming address. M. Witte showed clearly that he was deeply touched by the wel come with which he was received. When he left St. Petersburg, in July, a small delegation of officials accom panied him to the railroad station to bid farewell. There was no pub ! c demonstration whatever. Today there were seven or eight times as many officials and a very enthusiastic crowd of five or six thousand people, nfiie crowd had collected near where M. Witte would descend from the train and when he appeared they broke out into long and loud cheers, to which M. Witte bowed acknowledg ment. The spokesmen then advanced and read an address of welcome. M. Witte, who seemed deeply moved by the sincerity of the welcome ad vanced a few steps and delivered his reply. He said: “I was so little prepared for this kind reception that I must ask your pardon for the incoherence of my words. 1 have performed my duty well, because I have strictly obeyed His Majesty’s instructions, because circumstances favored me. because the world ,4s weary of this bloody war. because all classes of American so ciety, from President Roosevelt down were in sympathy with my and your cause, because I was true to my coun try and her and our interests.” M. Witte’s last word was followed by further loud and hearty cheering, and he was cheerd again as he drove away. An opportunity to do the wrong thing is generally taken advantage of. The dentist can draw teeth without being much of an artist. J TIIE WEATHER TO-DAY. * i For the City. ♦ X FAIR; WARMER. ♦ t AAAA AA.AA.aA AA. A AAA A.A.I, T^TT▼▼▼▼▼▼ Price Five Cents. EARL! REVIEW OF MANDAMUS For Supreme Court Con tains All Facts. THEJUDGMENTSIGNED While Only Poll-Tax)Question Was De cided, Mr. Battle Will Call Court's Attention to Further Doubt as to Aldermen’s Right to Purge Registration Books. In the Superior Court yesterday Judge Justice signed the writ of man damus tb which he had on Tuesday’ decided that the petitioners for an election for saloons were entitled di recting the Board of Aldermen to forthwith assemble and call the elec tion asked for in the petition to be held after thirty days notice as re quired by the provisions of the Watts act. As stated yesterday would be the case the judgment sets forth that it is understood and agreed that the only question involved is one of law. whether or not the payment of poh tax prior to the first of May, was a necessary qualification of a pe titioner under the provisions of the statute. With reference to the other ques tion which seems of great importance to some able lawyers: to-wit wheth er or not the real intent of the act was that the registration books should be taken as they stand as an arbitrary standard fixed by law from which to reckon the number of petitions ne cessary to call an election and that therefore any purging of the books for any purpose, even the removal of “deads” and “removes” as practiced by the aldermen is unwarranted.while unrecognized in the judgment it may yet reach the attention of the Supreme Court byway of the plead ings which are made a part of the record. When seen with reference to this matter yesterday, Mr. R. H. Battle, attorney for the Aldermen, stated that while he had agreed that the poll tax question was the only point in the case, and while he would not argue to the Supreme Court the question of purging of the lists by the Aider men, he would in view of the fact that there seemed to be dissatisfac tion that the point had not been ar gued on the hearing, call the atten tion of the Supreme Court to the matter to the end that if they de sired to do so they could pass on that question as well as the other. The Case oil Appeal. The case on appeal Is contained In the judgment and the pleadings as is agreed by the following signed agreement of counsel: NORTH CAROLINA — WAKE COUNTY. In the Superior Court, September Term, 1905. The State ex rel. J. M. Pace and others vs. The Citv of Raleigh. AGREEMENT. It is hereby agreed that the record in the appeal in the above entitled case shall consist of the pleadings and judgment, and that said record shall be immediately docketed in the Su preme Court and that a transcript thereof shall be immediately docketed in the Superior Court and that a transcrip thereof shall bo immedi ately certified to the Supreme Court and that the Supreme Court shall be requested to advance the oise for hearing at the earliest practicable mo ment. W. B. JONES. ARGO & SHAFFER, Attorneys for Petitioned.*?. W. B. SNOW, R. H. BATTLE, Attorneys for Defendants. The complaint and the answer in the case, which are voluminous, con tain a full and complete satement of the action of the aldermen and the committtee which passed on the pe titions from the moment that they were presented to the Board until their final rejection as not containing one third of the voters under the construction of the act by the aider men. The matter of the purging of the lists is therefore clearly stated in the record and the Supreme Court would be justified if it saw fit in taking cognizance thereof. even though it was not adverted to in the judgment of the court. Since Mr. Battle states that he will call the at tion of the court to the matter it now sems that the court will lo net it is stated by several aldermen is their wish, construe the statute with reference to the entire action taken on the question of the petitions from beginning to the end of the election agitation. While these al dermen would have preferred for matter to be fullv qrgued, it is felt that the Court will look "t the whole transaction with the view of giving the act a final, complete and definite construction. Citv Attorney Snow stated yester day that it could not be said when the matter would he heard by the Supreme Court. ,That is a question entirely within the descretton of the c<»”rt. The Citv and the petitioners will ask that the case be submitted at the earliest moment, without th > ordinary printed record and with no printed briefs. If the regular course were taken it would now be too lat> for the case to be docketed for ar gument with appeals from th» sixth district, which will be called Tuesdnv morning, in which case argument could not be had until th~ Spring (Continued on Page Five.)
The News & Observer (Raleigh, N.C.)
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Sept. 29, 1905, edition 1
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