' 1 . . m
. II ,.
fltljt lb North, State
P VMSllLUY, F1UDAY. UAB. IB, 'CO
JUUiJE BBOOKS AND THE IUSK-
HUPT PRINTING.
We ttJ last that this funrtlnnarv
i 1 1 attempt! defease of hi course iu re
l.i um to tha bankrupt priatiug tbrouirh. thti
c. .hnnes f the Slandsrd. We further sta-
I I tint this defense ( himself by the JuJ(e
wis simply dfjieUt-rnteM)tibU. We pub
ih the defense itself elsewhere thU wk
ana shall proeeeJ to show that h is what w
it hi.
Tu do tlila It becomes neeearjr briefly to
review th biatory of the. matter. Among the
first publication uf untie in bankraitn in
North Carolina wars in tie in the Oil North
St :'- abo'it the lt of N-iveuiber 1 7. in the
MUaea uf John F. Butt and F.J. SinoUir, of
Charlotte. Ai a-wn u Gov. Maiden, then
Uitfaal pr iprist tr of the Stanltrd, aw
th-.'se noiie.ii lu- a-inouneed through bia pa
, that so 'a nouses, to ao vaiui. mint be
llsliej in the Stamford or the AsherilU
Whether Guv. Uulden was eal
an t i,'li to believe this, nndertbe promptings
i tm hi aiii iilluii i In
only intended to obeae the vision of the fee
ble District .In l'e wv will nut n v usder
Jwlg;epubllshsdiu the Standard lila rules of
practice ia the Courts of Bank rtrpley. From
theae rolee we make the following extract :
"Kclk 8. The folli.a in; nrpiiM'r are di
alnatod a these ia which all publnsUs re
inured by the Act, entitled "An act to sets' -liah
a uniform system of batiki iit y thnmgh
pt the Daited Brutes." or the (Jciieial Order
in Bankruptcy mm le made in ihe District uf
North Caroline i The Hta.shamu, published at
U ileiich. and the Pioksku, published at Aahe
rills, M.'O.'
Fr..m the terms of the rule we would b
left iu doubt aa tu whether the Judf o was
acting in pursuaure uf the requirements of
positive law, or whether he "designated" tha
Standard and the l'ionmr in the exercise of
aa arbitrary discretion, were it not fur his
declarations at tha time the question wm ar
jrued before hiia. Of e.turae if he had be-
e me satisfied that he possessed any discre
tion" ia tha matter he would, aa ha was ao
anxious to do. bare left the whole matter with
t'i Register in all voluntary cues, wonld ha
ootf We shall aee before we get through
with thia article. But not une word in his
rules or of dera eonewaing or regulating tha
prices, as promised. He rale that t pub
lications shall be wade only la two papers
and then hands tha unfortunate bankrupts
and their creditor! over to the tender Merries
of the wan who owns one ami control the
euta.
est figures
licationa
would alve
ticea requ
that tha Standard should have the pnutlag I aa what tl
in an event and at all haaurdj. Wo war
f T
firmly convinced of thia notwithstanding
Judge was very severs upon the
bis letter had no sympathy with it had
discontinued his aubseription to it for two
months b. f..r. was vety Conservative, but
could not quite vote for Seymour and Blair,
Ate. (A to lllairwe can't aay wo blamed
him.) A short time afterward Oct. 7 ha
wioto another latter to another party in which
ha admitted his right to take the printUg
from the Standard aud give it to another pa
per, and said he was somewhat disposed, if
he concluded to make a change, to select the
Old North State as one of th.- papere tof tha
publication of the aotisae. if he eoaU be as
sured that it had a general circulation in tha
State. Of course the J udge know that it has)
no circulation eaat of It.ilelgh. hence the
c mdiiiou. But to return to tha matter of
c'mrgea agaiu. the Judge aaya ia hi defense
that oa the lith of September, 1848. ha
made aa order requiring, the Marshals, As
signee and Clerk hi pay no hijrher rata tol
the publication of such notices as the l.i w re
quired to be published in newsp.tpeis that)
were charged by the newspapers of tha State
for publishing State CisMeriiseaafits.--
ms at Brit htaBsJLrjrht and
ssssssTw BBBXa .BssssssssssssssssssssssssssssK ,
hfele notices ' lilc be
aHassssaf us to sat what wai the low-
tn't to d.'cide. The only defense, boweeer,
which we have ever neara maue or me
J ntga's conduct in tha matter is that ht did
allow Qov. HoMen "to pull the wool over
Ms eyes," and deceive him into the belief that
Itbe law really required htm to issue an order
t dhrectinir the messengers to make such publi
1 cations only in the papers referred to ; ami
that he did hot (Ktssess the force uf character
aud strength of intellect necessary to enable
him tu acknowledge, and to extricate himself
from the error when oace convinced of it-
"A great Judge," said hla defender, "seeks
light from every qnarter and takes the great -e-t
pleasure in acknowledging and correcting
,'!! error, but a weak one generally adberea
'to his err, when convinced of it, under the
m i-Ukeo notiou that it isan acknowledgement
of his couscioua weakness to confess and re
.... a ,.t J
pir it. Ann tne (jeniiemeu wnoinaueiois
defense of the Judge is an ab'e and thorough
Republican and his personal friend.
About the same time that Gov. Holden
made the above annonneeineut in the Stand-
m'd he also announced that some time during
tbe term of the Circuit Court, then in session
Judge Brooks would make and publish an
order directing notices in bankruptcy to be
published on!; in the Standard and Pioneer
in accnrd.tnce with the positive requirements
of, not tbe Bankrupt but, the Appropriation
i7. We paid no attention to the Stand
ard" stateusauts at the time, not believing it
pombte that Judge Brooks could be gulled
into the belief that the bankrupt printing
was controlled by another law on a wholly
different subject, enacted previous to tha
;..,.. s r 1..., 1.T'TaXBXBXBaXK- """Win
iksJgtLaw
feci BWl !
ifjeet fltriln Itself. A few Jsjfi
rarer, we received a message from a Repuli-
can friend at Raleigh informing as that what
I tbe Standard bad said was really trne that
I Judge Brooks actually contemplated making
I sih aa order oa the grounds stated. In be
! half of onrself, and other publishers, we em
I ployed eouusel Hon. N. Boyden and H n.
A. S. UerrimoD to raise the question and
argue it before the Court. We Vera present
during Mr. Boyden's and a part of Judge
Merrimon's argument, between whom aud
his Honor there was considerable eolloquy.
No one seemed to be more anxious than
Judge Brooks that the whole matter of the
printing, in all voluntary case, should be
with the Registers. He professed to be
rtrry to regret exceedingly that the
on fined the Judge aud tbe Registers to
pro papers selected to publish the laws
te unilea ntates in which iu oure me
iting done, but it was nevertheless clear
ibis mind that it did so confine him. He
aught it rery wrong that those two papers
nuWhavetheentire monopoly of the printing
Mhat t : . interest of all parties required that it
ould not be so that the objects for which
Be notices were ordered to be published
Rould, in a great uutuber of instances be de-
d by it but the law had left him nodu-
bretion in the matter. Ilia attention waa
'theu called to the enormous rates which the
Standard was charging fur the bankrupt ad
v. rtising. and be was iuformed that it could
and speaWbe done for one-half itw Standard's
prices, if that paper was not allowed, in con
nection with the Pwncer. to have a monopo-
we sar without rear or contradiction that
Gov. Holden, and his successors ia tha own
ership of the Standard, have taken advan
tage of the power placed in ther hand by thia
ruling of Judge Brooks to ertort from the
bankrupts and their creditors tbe sum of at
least $4l),UJ3 over and above what it would
have cost them to have had the printing d one
but for said rule.
The very same number of the Standard which
o mtaiiiedthe Judges' rul aUoc mtained the
price for which notice in hiukruptcy would
b publisheJ, strictly in advance. Those
terms were kept standing in the Standard
tot sometime, and were just twice what it now
charges, vis For notice of petition and first
meeting 912.03. Appointment uf assignee.
foMJJ- 2nd and 3d meeting of Creditors.
$3,00 each. Petition fur discharge $4,00.
Total fur all the notices in each ease in bank
ruptcy, i-12,110. On t'ie39th uf December, '67.
we reviewed the Judges ruling in the matter
with some severity, in which we specially
called his attention to these enormous rates,
and iuformed him that the Old Xorth State
aud the other papers of the State wonld pub
lish the notices for jtut half the sain. We
sent the Judge a copy of the paper contain
ing the article, and we have reason to believe
that he received and read it he Informed a
friend of ours that he did. But our offer to
publish the notices at half the Standa d'i rale
was based upon the thin length of the notices
Since that time they have been made much
shorter. That form of the advertisements
was retained until the 18th of September
ISM, or about nine months, so that ia every
ease published during that time the Standard
was enabled to extort by mean of its monop
oly just f tciee as much as the w rk was worth
isrsnvaasnl vrnmen-1 can
Mre-n
Ho- m
bTi
tion
cec the fronted abuse
whole matter. Instead of publish
tn-es at the rates charged for the pu
of State Court orders the Standard very
Ijr procee led to c'i irge at least titty per
more than the price usuallv charged be
papers of the State for the publication fKcuch
advertisements. . m
The cash rates for publishing Court orders
fir cur weeks, vary from $li to 8, A number
of papers, including 'he Sutmville Amgriean,
the Milton CironicU. the Old North State
and several others, publi .-h them for f 7 when
the cash accompanies the onler. The Ashe
ville papers publish the n for tfi, and the
Greensboro papers for f'i. Seven dollars
may. therefore, be regarded as the average
cash price for such notices. Where payment
is not made in advadc the price is generally
10. Upon the making of the September
order the Standard annonneed tha following
as the prieesj, and er tiled them of the Mar
shall, vis: For nitice of Petition and first
meetitg of creditors, $10, Appointment of
Assignee. $5; for second and third general
baatoi
no
many oi
ns to sa
oh we WQttJBwtbe ub-
sgreed 1 Broofc
sent, M aaf"lb ""' """
very eastjHp' dollars a
case, fJHtpouding ratoolf we did not
do the WHT bis offer, we have reason to
believe, and do l.i . , was communicated
to Judge BroM with no ether result than to
causa him to mal . order aatliorlilng the
StaisuWto doit f.,r twcntyKmc dollars.
jut eleven dolbtrs mire in each case than we
offered to do it for s, one hundred meu
of this Congressional District have, since the
been
I 11 1'- w JIM r Hit I Icir. al r.nl i
r njyed by an ar-
. .L I
oKS W par o me
hundred dollar
them tohave
much more cxssbta-
I
i w iiit rt we nave mm i
r creditors can see howV
b i swindled who'
1st oar of January
aaaaaaaaaaw oi Judge Mr
Raleigh SfttNitirfi eleven
more than It would have
had the same work done
ally in the Old North Mate.
From tbe statemea
the bankrupts and the
outrageouary they hav
ha grown rie!i upon their misfortunes and
atboHsPHaiiie fr it. The oQaial conduct
ge Brooks ransed It all-twTriis there
no doubt. as"der in relation to the
uWicafion, made In December
iust the opinion of
in lis Court, as
tbe IT, 8. District
the known opinion of the a
to Hauitrujit tw. .vm nas nee er
and in the facet if the fact that Judge B!
lord, of New V 'r'.. has acted differently
asserting his rirht t- designate whatever
fiera he chose it which to have the priu'ing
done. Since ti en complaiuto hare been
made to the Jude by many " promi
nent members f the bar." as we learn from
letters written by Judge Brooks himself,
which lay bef.-s. us a we write, nrgiug him
to take the prfn!itiPom tb Sftntdnrrl ahdje,.(.
assuring himof bis right to do so In the
bjr making the same lulea apply to
suits, for new as well as old debts, it will
hare a tendency lo impair confidence) and
destroy credit. Hut ibis provision was
necessary to save tbe law, we suppose, as
it would have been held to be uncoiistitu
lioual bad any dtaerimination been made.
The tenth section of the Hill, prevent
ing the sale of property under deeds of
trust or mortgages, unless tbe debts se
cured in said doeils of trust or mortgagee
are rt Juced to judgments, seems to us to
have been wholly unnecessary, as it Is
certainly unconstitutional. But as the
sobj-ct matter of that section can be se
parated from the other parts of the Act,
it mar be declared unconstitutional with
out nice ting the other provisions of the
law.
will raj In beahalf of
It is but reasonable t
will look liberally
of these questions,
havo settbu in their
bout
office rt, that
that they
r own Stele
d desire t
Hwr the charge
.i
and shoul
f.
madcaga
the t
MfiSSRS HOYDKN AND SHOBER.
BTe hare convincing reasons for be
lleiriiig that the contest between these
feentlumon will be decided by the cxclu-
4V4oth and the ordering of a new
There i no probability that, in
Asrpcrof the House, any mem-
d wlio cannot take the
leea he ie a IterTntirTcan. I
linffawTll of course, exclnde Mr.
and we feel jnstified now in say
ing, what we have believed all the time,
i. r Tea ajvaamiiu
-SBM wm
1867. washaxal oath, n
bnamnn
fnt as kiiov ti, j fijj
nitnnVd: ")
- I m
!.th.4
. I MOII
I
atiout w Inch there U oatt, it is a clear
liny dpvdving upon the attorney to pro
t cl bis client from the payment of any
more cost than the law requires him lo
t Tt ii h 1 at .
II turse charges demanded are in their
opinion unauthorised, the remedy is clear
It is by excepting to lira items, either un
authorised or too large, and in that way
obtaining the opinion of the Court. The
law makes it the duty of the Register to
tax the costs, and upon bis certificate that
the law has been conformed to, the Judge
dischargee or refuses a discharge. Tbe
Judge cannot question the truth of the
matters staled in the certificate, unless
upon exceptions. If It was otherwise,
he would be invoked iu interminable con
fusion, arid hare thrown upon him a task
ho might not reasonably expect to per
form. It would be a lighter task than
handling and inspecting every paper in
every Bankruptcy ease with a view to
sec whether toe Bankrupt Register and
oiher officers had, ia all thing, conformed
to their duty.
Gentlemen of the Bar eomplain that
they are not furnished with bills of root
fully itemised, after request by the ease-
Daath to Bed-Bugs!
listing w iruro ajioa the d,tll,it. hiidaiglt BSC
rsiidr and blood.c cf is. root ami branrl.
Tb Xnhacrlbar arep ira s rvtaody which Is sure,
safr. and clean; leaving usithcr aiaal! nor stalal
aud easy ofsjeticution
"IU vorth aouiething linnd-nm- yet. It Is sold
fur a rauia trifle. Prepared and sols' omt J
At K. HILL'8 Drug 8torc 1
Bareb 19 rH Hulisbury, . C.
nod
MANGEL WURZELL BEET.
1 RIM
to 1900 bu
Iu gruariu is enurmoua, often attalalaf 19 lad
la length, and six in dlasaetn. t
I ftsy ai nil or saear, and mixed with
he
lacnlBeeat Field lUet, will ylsld fron
mbsI per acra.
as mvalaaM fur winter stock
kse wall until UU in Hie irin.
Taay rsaair rarr little cnltlvattea.
ding; sad
Tbsased are
sheas una pound will ilsnt the fsartb of an acre.
aas sew las usse Is Mast.
At
March 19-11:11
Thar mar baked
8IM.S. Urns Klnrs.
aaliabwy, N. O.
GOODS!
GOODS.
at Mr. Hovdeu does not desire in bead-1 '""I'y a
. . . - s 1 a . hhssi nt
tion. Iu I hi tnerw ts error on the pa
of such officers aa do not comply with
such requests and the officers of the
Court wul be instructed, each, to furnish
f his bill so itemised ; upon r -
rn I
I UKXSSSkUtralea lalandlaa In muca rraai Una
esmmmi axsxejjr "sssBBsxassstssBl
face of all tlis he Ins persisted, and still per
sists, iu leang it with that paper. We shall
not ehanwtdixe his eoodnct nor speak 1 his
motirea, hoi h ave e very man to judge of
them for bfliself. p '
Wehaveju .t been governed by any parti
san feeling! iu malting this exposu e. We
ted to a se it in eonseqiienen of the
election. He believes that the eluc
pas illegally held, and that in con
sequence oi the iif inner of holding it, and
of certain frauds, which lie believes were
perpetrated, he was defeated against the
actual wishes of a majority of the people
of the district. He simply desires, so
we feel justified in saviuz. a free aud fair
a i i i - '
would havejnade it just as readily had Judge
.. - ... . .... . i i t . . j .1 at I I J" nit .
meeting ot creditor. each; petition ror , rooaaouao,,,ern.wwosx. . . . . ( .
discharge. $3. Total iu each case. )!) , aDemoersU- paper. e areootresjar.'ed by &nt et,mpnu,t made bv thoee who
J
a 1W 1 m fMa. a a a
:tiun by the result of v. incii wm tie
-
willing to abide.
JUDOR'BROOK'8 LETTER.
aaav
We give ihe following extract from the
letter of Judge Brook a an act of Jus
tice to him. It embraces all the parts
upon which we have commented.
In regard to the subject of costs in
The
Were
A
ouUJfUdlyhav. fPi!:81 H
Hiiu .1 r.o. itr tirfatu.niw iLUiara from arare
bankrupt ia whose case all the notices were
given. But suppose the notices tor a dis
charge were not given iu most of the cases
the bankrupt ha still paid f 17 more than
the work done was worth. Suppose there
were one thousaud cases ap to the time of
t'te change and there Were probably many
m. ire and the Mtan-iara, it win oe seen, ex
torted the nice little sum of $17,000 from
those who had gone into bankruptcy up to
Sept. ldth. 13 W. To this sum may be ad
ded a considerable amouut for those cases in
which the notice of petition for discharge had
been given.
Now fisrures don't lie. and of course tbe
reader is anxious to know what Judge Brooks
has to say in defense of himself in having al
lowed the perpetration of such a twindlt as
thia. let them turn to it aud read for them
selves: He does u it pretend to say that he
was in total ignorance of what was going on.
but that hs was not "offiiaUg inform -1 of
what the charge demanded realty were.''
The amount of the charges was a matter as
notorious as any thing eould be. Judge
Brooks read the Standard and there saw f r
himself what changes were being made. He
was informed at the time he made the rule
what the Standard was changing, aud prom-
tied to see to and regulate the price so that
nothing more than a fair compensation should
be allowed. Yet, after admitting bis power
to remedy the evil, and promising to do so,
he utterly fails to do any thing of the kind
until forced to do it- j . 1
In the month of August 1 863, Judge Brooks
This would seem to be a reduction of $9 from
former prices, but is, in reality, a large addi
tion. This is so for the reason that after the
making of the order the form of the notice
was made just on? inch thorter, taking off
about one third of the sfMee required for no
tices of petition, and nearly or quite one half
of that required for the others.
The first form used in giving notice of pe
tition and first meeting of creditors was about
the length of Court orders on an average.
and if the Sl ut iird had retained that form
roes instead of fAree it
inowwsessis it. in s iirang paroasn oui ,L,.V ,.,V(. IUeo co-is to nay were
, as one w
ties.
j win iupi'1-ia
1 rv, since th
the office otli
otan d . justice to ineu of all par
TBE CABINET.
made against the charges mule by the
' publishers of ibe notices required by the
I law--and th'-e couiulaints were all in
1 form ill v made and man v of them our-
porting to be founded upon rumor. 1 in-
last week that Mr. Btcwart aisled that I was prepared to hear and
the p.rt-o!to .of the Ti e.ian-
order of the 13th of September. 9 charge 7
therefor. wben-aslfTwraet. charged $10 for
publishing a form nearly or quite one third
determine that i r any other question f
Mr. Waibbnme I, is vacate d ',,"'., wl,L U be properly brought
before me. When the question was
j brought before me by exception, and no-
ice to 'be party interested, lUere was a
a then iuloniied officially
e c-aaBBBtffeinani a reniiy were
ecreSery if State for the pur
pose of becoming Minister to France, aud
Gen.-Sclufi!d has retired from the War
Department.
Y .V
i succeeds Mr. Wskhburne in the .State De-
paitraent. Mr. If b is a gentleman
the highest eharaixr and much more
hearing. 1 W
; what tn
i ii
.unl lir HIT
of,
abil- th
quest of the t'onnset nt xfm HanknrpT;
a heu the costs have been paid or are to
be i (id by him ; and to Attorneys of
Creditors, where costs are to bo taxed
sgaiust a creditor's fund.
In coiuluiion I ill state that I will
enttriain any question upon the subject
of cost upon exceptions properly filed at
Chambers on five days notice being given
the officers whose costs from the subject
of exception, and the lime for i he hear
ing may be fixed by the parties except
ing. I will bear oral or written argument
or decide the questions presented without
either, ss the parlies may prefer. These
exceptions may apply as well to cases in
which the costs have been paid, as cases
in which the costs are still due in which the
discharge has not been granted. In such
ease iu which the costs have been paid.
if it shall be determined that loo much
has been unid such excess Will bo order
eoUi be refunded.
I have now before mo over one hun
dred certificates of conformity, which ap.:
pear lo be regular in all respects, except
in some oj them the Registers' and
Clerks costs appear, to me, to he taxed
higher lhau the law authorises, and tor
this reason the eases sue suspended.
It my be that extraordinary services
rendered iu these case may authorise t lie
amount charged. Apparently they nre
unauthorised, but I am not disposed to
enter upon any investigation oi these
eases, therebv denying the truth and cor
rectness oi the Register' certificaje, un-
I)rv Coods,
rocerlw,
Shoos, lints,
OrocltfJv'Vy
Gloss, Hollow-Ware,
tStone Vr, &c, dec.
in ftoro, (Jenkins Corner,) tm
anr nern wishing to commen. i- tutainess, a read
opivitonity iaeffaeud, aa tin- lor can ba rcolfd.
Tbe Mtock of floods oflVie I have all been purcha
a4 within the rear past, mostly for caali, aad prs
riouato tl ailrance. .Uao.
Utfar lor sal a number of artielt at
Ci J 1 1 l.i fA
OUUUIlU-Ililll'l ruuiiiui
P
Burertus, Side-Board, Bedstead,
a.-., h at nt reaiJaot-e on Innias Htreet.
a y u ..i w . j iKVig, agent.
Faliaburr.N. C, March 19. IH69.
It-
ASSIttAGE' SALE
OF
Valuable LAW BOOKS
n
VT tM 8t rrr ofntarch. A . f. ISW, f will sell
t Public 8afc, at th Court Hoe.se in saliahary at
II o'clock A. at., a valusbls sat of the North Cat-.
oiina Itcuort. Term Cash.
AglrSFW lirBPHr.
starch 1091 ssaicnte of McKeclr 4 Yeans;.
NEW CROP
CARDENAS
MOLASSES
aVOir LAK3TS0
. Ex. Sch. T. 8. McCMlan,
less parties whose i.iterc. aro involved DIRECT FliOM CiRDENAS
uiiauilun izeil ihey Wrn.
It
Hoar to
lie "fleer the prices heretofore paid by
em lor these oublieation when parties
a, ...Tr vjw- ,hl Mf Wasuri.,'. II : was former- Interested were not die posed to oldect Iu
audacious imposition practiced upon a weak - tl.o only proper way to such charges.
and over eonfidiag Judge than that presented ' a" J "T (''r"" And tremXthis evil in future I made
by this easel We say a weak and over con j ew xork and United bial. s b. i.a nn or((.r fn tie ,8 h d of 8ellembe.f
Ming Jude because we are willing to allow
him every defense that can possibly be made
for him. If the first form had been retained
the Ston fori would have been justifiable ia
charging $3 tot three insertions, just half i j
as mac i as it charged for publishing a much
1v Hi llmi.ir admitted that the Standard's
-a " . .. Il..ij i r.i 1 1. t ..I
high, and said he would m" l"
rates were too
take that matter into consideration, and him
elf regulate the prices in the order which be
contemplated maklag iu relation to the mat
ter.
i U HIT" U"J t- BUM aa .--
arguing the question, the Judge repeated all
that be 1i:mI said tbe day before, bui still in
sisted that tbe case was clear to hi mind
that the law left him no discretion in tbe
matter, aud that he would file aud publish
"a written opinion" to that effect. That
opinion" was not published aa promised.
We subsequently called for the "Opinion,"
but we might as well have "called spirits
from tbe vasty deep" it was not forth com
iag, and never will be. We again call for the
epiuion," aud we not ouly call for it, but
we defy Judge Brooks to publish any such
an "Opinion." There was not a lawyer
present in the Circuit Court a hen tbe ques
tion was argues. Democratic. Conservative
or Radical , that did not differ with the J nde.
There is not a lawyer of any note ia theUnis
te J States that agrees with him. The author
of the law, kr. Jenckes, is against him, as
the Judge knew when he made tbe order.
Every member of the committee on the revi
sal of the law in'the 40th Congress L against
him, as we know from a letter from one of
its most distinguished mexabera. In fact,
with ths single exception of Gov. Holden we
have never heard of a man of aay pretensions
who was not against him. and he was large
ly interested.
Tbe question was argued before the Cir
cuit Court iu the latter part of November
1867, and about the middle of December the
and while here our eounsel. Mr. Boyden, ap
proached htm and made another effort to get
him t a ii a il biasruassau aa. to laavatha mat.
ter at the diacretiou of the Registers, the bank
rupts aud their counsel . He s uggestcd to the
Judge that, as the bar waa generally against
him in the matter, he consult his associati
on the Circuit Court bench. Chief Justice
Chase, and be governed by his opinion as to
the law. The Judge thanked him for the
suggestion and readily, nay eagerly, promis
ed to adopt it. He again repeated all that
he had said before and manifested mneb anx
iety to turn the matter over to the Registers.
If the law had not made it imperative upon
him td do so he would have scorned to have
interfered in the matter at all if he Were a
Judge of our Superior Courts and it were
proposed to hint to make an order that the
Clerk should give notice to non- resident de
fendants in any particular paper, he would
resent it as i.n insult he would always leave
the matter in the hands of the clerk and the
parties or their counsel and this ease he
would treat in the same way if he only had
the power, and he hoped to be convinced that
he had it . '1'he matter We lit on until about
the first of October 1868. when, at or sugges
tion, our eounsel wrote to the Judge oa the
subject. Ia his reply the Judge said that he'
had, a yet. received ao an -wer from Judge
Chase, but argued that it would be best that
the notices be published in some pmHicular
paper, designated for that purpose, so that
those interested might kaow where to look
for such notices. Whan we read tbe letter
we saw that he was anticipating Judge
Chase's decision, aad that he was determined
For the form now In use it could not, with
due regard to the order, have charged more
than $4, and the other notices in proportion.
We hasard nothing ia saying that the papers
of the State would gladly do tbe work for
these rates, it is fall a much as oar regular
rate for all kinds of ordinary advertising,
and more than we get fur much that we do.
At these rates all the notices required to be
given in each case would amount to about $14,
but for which the Standard actually charged
(33. making a difference of $19 in every
case. This last order remained in force up
to about the 10th of January last, and the
probability is that up to that time another
thousand eases had been disposed of certain
ly there bad been more than two thousaud
from the com-neiiceine.it of Ibe practice up
to that timewhich adds I0,tK inor to
the Standard's extortions, making a grand
total of 3(), KI I. We deduct nothing from
the last thousand for the notices fir a dis
charge as they were being made all the tiimi
in the first eases. Add to the above stnajj
the extortions which have beeu inash) since
the 10th of January, saggm bavsaJPpuht it
will Increase the amount of the Standard s
extortions to more than ffl.fKM) disjjjp. The
prices which the Standard is now charging
would be reasonable if the first forms of no
tices had been retained, hut for the nraaakit
form. It ischnrin ...van A .11 .r. mora ftiaWai IHlMC (hat II IS Hot ftWValtd. t C dO not
tor by that party in the days of its ascen
deney. In politic he may fairly be cull
ed a Conservative. Many men have till
e l the office of farcin Sgjgteary who wore
ess competent to the proper discharge of
its duties than Mr. Fish. Hk
Mr. Ftcwart baa been succeeded by
Gov. Boutwcll. of Massachusetts Mr.
Bontweil may be set down among the
class usually denominated politicians.
His political changes have beeu consider
able, and he may now be classed among
ihe ultra Radicals. Uc favored all the
extreme measures towards tire Sou'.h, and
was one of the managers of lira impeach
ment of Andrew Johnson. W bet her he
has any special talent aa a financier that
caused his selection for the Treasury De
partment we do not know.
Gen Schofielil's place lias been supplied
by the appointment of (JeuJlawlins, Tate
Gen. Grant's chief of stuff. This appoint
ment seems to he vi II received by men of
all parties
THE I!0IK
KTAD.
. mHyi
Is the Homer-tsad providing- of oar new
Constitution valid as against old debts t jj"
s a question i.- which all nrsfliite
: esteil, and it is important thlfkn shou.
j be well iiifoimAf in ii latiouJM it. W i
that view we publish on Hife-P
this week a h-urucd opinion at Judge Ca
I penter, of South Carolina, in which b
the regular rates of the Old North Stmt in
every case. The notie.-s of petition make
two squares not quite by our rate the oth
er notices average about a square, those for
meeting of creditors are generally a little
more, those of Assignee generally a litt'e
less, as shown by a number of them now ly
ing before us iu various aumhsirajof the
Standard.
We have shown Judze Brooks how he has
been shamefully treated by tbe Standard in
iu taking advantage of his ignorance and
good nature to swiudle an unfortunate class
with whom he must be supposed sympathise
very deeply. Will he now take the print
ing from that paper aad leave it to the papers
of the State generally whereby tbe bankrupt
and their creditors mar have justice done
them No, never while there is aay print
ing to be dona.
About tha 1st of January hurt a paragraph
appeared in one of the papers of the State
saying that Judge Brooks had rescinded the
order requiring the notiess in bankruptcy to
be published ia the Standard and Pioneer,
and that thereafter the matter would be left
with the Registers aad the parties interest
ed. Upon this statement aa eminent attor
ney of this cry approached aa, and inforsacd
Maim any weight for our opinion, but we
f believe that dud-e Carpenter i right
BTVaXb K ......
Our supreme Court iiiity possibly ho fd
otherwise, but tin: question will almost
certaisdy be carried up iftfethu . Supreme
Court of ihe United S tates, which court of
final jurtfjKcfhin will, we believe, sustain
tbe opinion of Judge Carpenter.
We would advise debiots not to rely up
on tbe homestead with too much certainty,
but to take ad -a itage of the present con
dition of things to make tbe best terms
with their creditors they possibly can to
compromise as best they majj bo able to
d m
, THENI W STAY LAW.
As a matter of moss) general interest
than aay thing Isa with which we could
fill our columns e publish the new Stay
Law wfaieh was lecclatsJ'tnst in time for
-
this issue. Every relief against old d bts
should be given which can be given with
out violation of the Constitution, and it
is probable that the most essential provis
ions of this Act will stand tbe test. Bat
186$. directing Marshals, Assignees and
Clerks to pay for publishing such notices
as the act required to be published in
newspapers, no higher rates than were
charged by the newspapers of tbe State
for tbe publication of the Slate Court
advertisements and that order related to
all bills of publishers not pnidA the date
of said order. This was all 1 1 ben thought
T could properly do, and 1 am still of the
same opinion -There
has been s omo informal com
plaints made to me that some of tbe offi
cere did not regard the order last referred
to, but that they were still paying and
charging the same high rates for adver
tising forbidden bv the order. Now, in
answer to eucfl complaints, I have simply
to say that I cannot cite an officer to show
cause, upon any such loose and vague
charges, when the case nr cases are not
even stated in which such disregard ol
duty has been shown.
1 think tbe fees a low able by tbe order
last referred to are not oppressive but re
asonable. I hive never heard much
complain: of the charges made by printers
lor publishing State Hurt notices.
Writ officers have paid the first rates
lharged after the order referred to, par-
ties iigauist whom such
charged can except, and it they do not
see proper to do. that, ! know of no other
by which I can officially know of
ior- I be prices now charged lor the
uy me aiarsn ii is tir instenu
I Jtrst charged ; tor tue As-
of i his) appointment..;! instead of
1
d of 88. Officers aro required lo
rnish short forms for publication, aud if
hey do not, thereby causing greater ex-
jipeiiye, they roust bear it, if exceitiiins-wrr
Biade. Now I do not regard those prices
unreasonable, and think there is no jut
can--- of complaint, when- the rules are
complied with-, mid if they are not, there
is a plain remody for such as may be in
jured.
Next in turn came eomnlainsts against
tbe charges of Assignees, Clerks and
-Registers, and almuat every charge made
by these officers has been alleged to be
entirely uuauihorisi-d by the laws or over
charged And with one single excep
tion, theae complaint have been mado to
me. and are still being daily made to me
by letter, many of them neither naming
the officer or officers against w horn thay
complain or the cases iu a h.cdi the alleged
mproper charges have been made. And
none ot tliem tn that formal
winch will anilinitse an examination on
my part so as to make any decision of
mine a judgment of the court.
I have never" refused to entertain any
exceptions properly taken, to riiiy item of
costs. On the other band, 1 have ex
pressed it as my opinion that solicitors
ought to exeepl, wfienevir in their opin
ion t-o miu h c -t were ibaig -d against
tln ir clienti, and that the same duty de
volved upon solicitors representing credi
tors) when costs were taxed against funds
in which creditors are interested. While i
will suggest bv way of exceptions what
im iuvcai As tdthe c..! of ihe Assignee, thdy.
are so entirely dependent npou the char
acter of the duties performed, and these
are essentially different in estates, that it
would be impossible, without a special in
vestigation in each case, to determined
whether tbe charges were proper or oth
sjrwisc. Very respectfully.
G. W. BROOKS.
Elizabeth City, March 2, 18C9.
VADf
arT"""
axaaaaawV
-ijaXnWTT ,,
m
THE BANKRUPT BILL.
The following is the amended bill as it
passed both Houses of Congress Last
July:
"Be it enacted, tfec , That the provis
ions of the second clause of tho thirty
third section of said act shall not apply
to the cases of proceedings in bankruptcy
commenced prior to the first days of Jan
nary eighteen hundred and sixty-nine,
and the time during which the opera
tion of the provisions of said clause is
postponed shall be extended nntil said
first day of January eighteen hundred
and sixty-nine. And said clause is here
by so amended as to read as follows : In
all proceedings in bankruptcy commenced
after the first day of Jaunary eighteen
hundred and sixty-nine, no discharge
shall be granted lo a debtor whose assets
sholl not be equal to fifty per cent of the
claim proved against the estate, upon
which he shall be liable as the principal
debtor, unless the assent in writing of a
maturity iu number mid value of his
payments are I creditors to whom he shall have become
liable as principal debtor and who shall
have prove their claims, be filed in the
caac at ar before the time of the hearing
ot the application for discharge.
8ec. 2. And be it " further enacted,
That said act he farther amended a fol
lows: The phruse .'presemed, or defend
ed,' in the fourteenth section of said act,
shall read, 'prosecuted or defended ; the
phrase, non-resident debtors, in .line five,
seel ion twenty-two of tbe act as printed
Tii tlie Statutes at LiirgnnMlTfaornh
cesident creditors'; that the word .'or! in
nekt to the last line of the thirty-ninth
sec'ion of the act shall read 'and'; that
the phrase 'section thirteenth," in the
forty-second section of said act, shall
read 'section eleven; and the phrase 'or
spends any part thereof in gaining, in
the forty-fourth- section of said net, shall
read, 'or shall snend any part thereof in
gaming ; and the words 'with the senior
register, or, and the phrase 'to be deliver
ed lo ie register,' in the forty-seventh
section of said act, be stricken out.
"Sec. 3. And be it furl her .enacted.
That registers in bankruptcy shall have
power to ml m in i.-1 er oaths iu nil cases,
atiff in lelatiou to all m liters in which
ouilm m ry bo adiuiiiiteredby contmis-
" 'sinners in iv take proof of debts in bank
ruptcy tu all cases, subject to the revis
ion of such proofs by ihe register aiid by
the court, according to tbe provisions of
laid act-" t
87.1 Hhds. ) Choice Ml
37 Tierecs, Mmaeeee. in 1
r 19 Barrels, Packages
Attention of dealers railed to tbe quality of
thi Cargo as bng SUPERIOR to an im
ported this season. For sale in lots to suit
By O. G. PARsLET & Co.,
March 10 U Importers, Wilmington, N, G.
WANTED !
SHARKS NORTH CAROLINA
16
RAIL BOAD 8TOCK.
Office.
Apply at thia
Star 19 1m.
THE EQUITABLE LIFE
Assurance Society
OK THE
, 'PL .! 1
UNITED STATES,
92 Broad 'tray New York.
Til'S COMPANY has carrftaf aad asset acainst
It liabilities that will eompaie with any Life la.
turanee Company oa the Continent, which is the
true tet-i ol'res.ioBaibilitj.
Cash Assets, $6 000 (HK
Annual Premium Income, 4 ftO.00)
lncrea over 1867 8.000.000
The nmleraia'iied ia agent for the above Company.
" A. A. II. V Hill X.
, r .. Aatnt, i
Mockavll!. March 19. 18. Hly
Assault. We learn theat yesterday a
white man named .James Thompson at
tempted to commit an assault with a knife
upon Mr. James H- Philyaw. Thomp
son was prevented from carrying bis pur
pose into execution, by officer Si-llars, who
tibetween the two parties aud caught
pson. Will. Journal,
; ST. GLOtfD HOTEL.
II N new and eoeimodions honse. looted corner
nl limadn-ny an. I 49.1 Stieet. ijoe. adrantare
over all other hoose for the accommodation of iu
KtipxU. It waa bn.lt expressly for a Aral class Km
II r Hoarding: House Die rooms leine larre and en
suit, bi-atad by steii n with hot and cold w ater, aad
fiiniistK'd se eel te none; while the eulinnrv de
partment ta is th most experienced heads, afiord
IniKire.ti an nneowalled t.il-'e. - -
One of tfivo .d- TaUnt Kvaton to ajMaf
the -modem impiVfemenu" and at tbe seftvtc at
all hours. WsFmW
The Broadway and University PlceCars pajtl!.
door every four m'nates. rnnn'nc from tbe CKy Hall
to iV-itral Park, while the Sixth aad Seventh ave.
no Line are but a abort block oe eithei aide, afford
inir i up e' fi -il t s for eoia-ni,n rVng with all tlie
IVpots, steamboat f.mpnrs p'sces of muneB.eLt
and ilusiuesaut tbe great metrnnbHs. '
1IOOUE A HAI.I.EV.
r ' Inarch 19- 8m Proprietor.
Ult. I.A W U KNCb'S
CKLEIiRATKI)
WOMAN'S TRIEND!
A safe and reliable remedy for
AU DiM dM N Pccaiiar iu IVnalrs
seni i
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Nervousness. Wakef ntnes, Weakness, fe.
PEi'ii ru TO TBS
LADIES OF AMERICA.
For whose benefit it waa designed, and a I. use bap.
p ue.-- win proinuie, uy i. e iiiacoveRr,
!.. J. J. LUVUB.tL
to rmsiciAxs.
Tlie articles of which the Woman's Kiiend ia cam-
pounued are pnbusl.e.l arounu eacii Koine, aud it IS
btlievadto be tbe beat t u rine Ionic autf aliarativo
yet dtacoveredr
His a valaable ndrel.able a'ent in all derango
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llyatena, Xervoaa Hei- a-l - nal Irritatioea,
J. II KAKKU Ai CO.,
Vholeaa: gents. No. 4, Mala ttnsR,
tstissia, a.
t Z To whom all orJcr. or latter
dreraed. march 19 ly