THE ASHEVILiLE DAILY OITIZEJS.
Wednesday Bvening, January 18, 1893.
A FEW ARCHAIC LAWS
AROUND TOWN.
DR. D. IIILLIIOUSE BUEL
onu
8VGQE8TIVK IDEAS ON
THE SUBJECT.
Ttie Writer Bees m cbance For a
Rrroriu That Could be Under
taken tv the LeiclBlatnre The
Laws' Delays and How Then
MiRtit be Prevented.
Editor The Citizbn:
Ros. Time travrlsin divers pncea with divert
persons: I'll tell you who time ainli'ra
withal, who time trots witiiai, who
who time gallops withal, and who he
stands still withal.
Oh l. Who stava it still withal ?
Ros. With lawyers in the vacation; for tliey
sleep between term and term, and then
thev perceive not how time moves
As You I. ike ll
The character of a State is well por
trayed by its laws. If remedies, lor
wrongs committed, are easily and
speedily obtained, if property rights are
well guarded and all possible safeguards
against personal injuries ore provided,
the State is undoubtedly progressive in
character. On the contrary, the com
munity in which antiquated, ill-working
laws and customs prevail, where justice
is found to move with leaden heels, where
property rights are net well guarded, or
criminals swiftly punished, is in an uiipro
gressive state and in need of stimu
lating influences.
A review of the condition of the laws
of the State of North Carolina is some
thing the writer of this article has no
intention of giving. Some suggestive
ideas concerning laws that appear to
him archaic, clumsy, or ill-working, mav
not, however, be amiss at this time, as
the General Assembly of the ite is now
in session, and reform, if it u, renrs gen
erally desirable, may be spci I ! ' ob
tained. A few points only will Lo ad
verted to, and those but briefly.
The curse of litigation is that it fre
quently unnecessarily lasts tor years,
witnesses die or remove from tl.e State
before a trial is reached, the patience ot
the wronged party is exhausted before
redress is obtained. The result is that
not infrequently great wrongs are sub
mited to by those who dread to invoke
the slow working arm of the law. The
great disinclination of many to go to
law is presumed upon and wrong doing
is encouraged. Any change in the law
which will facilitate the acqirsttion of Be
lief, through the courts, even though it
do so but to a small degree, will, there
fore, b desirable.
An examination of the Code of Civil
procedura reveals the fact that the dis
pensing ol justice iu the State is practi
cally limited to the few and far between
davs which the Superior court is in ses
sion. The quotation at the head of this
article is intended, without reflecting on
members of the bar, to state the unfortu
nate result of the practical operation ol
the laws of the State.
All civil suits must be commenced by
summons issued bv the i.lcrk of the court
"returnable to the regul.ir term of the
SuDerior court of the county." It must
be executed at least ten davs before the be-
einnintr of the ttrm. ( Sec. -00. C.C. I.)
If issued within ten lavs of the begin
ning of a term "it shall be made return
able to the second term of said Court
next after its tssuin.iz." ( Sec. 'Ml. I
The oractical working of this is that
as four terms of the Superior Court are
yearly held in Buncombe County, noth
ing can be done atter the adjournment ot
one term until three months have elapsed
and another term of the Court shall be
in session. The issuance and service of a
summons mav be bad at any time, it is
true, but uraeticallv nothing else can be
done but to wait for time to elapse
This seems the more extraordinary
when it is considered that it frequently
happens that the cause ot action is so
iust that the defendant has no desire to
defend, but is willing that the plaintiff
should recover without delay. Hut the
Dlaintiff. even in such a case, must wait
lor the assembling of a Court intended
to trv cases, even though there is ab
solutely nothing to try and nothing to
do but to enter judgment, which might
iust a9 well have been done months be
fore when the Court was not in session.
I'nder the law in this State, if the de
fendant is not found in the Countv to
which the summons is issued, the County
seat must be again visited and nnottier
summons obtained under the seal of the
Court. Why should not one form of
summons do for every case and for every
County and under all circumstances,
and all this running to the County seat
be avoided ?
Why would it not be well to adopt the
simpler laws, such as exist m many
other States. For instance, in New
York which is cited because the writer
is more familiar with its laws than those
of anv other State a simple form ot
summons, cood tor every county in the
State, mav be issued at any moment, by
any lawver, over his own signature
alone, without going to the county seat
possibly many miles away to get the
clerk's signature and seal ot the court
This summons mav be served at any
time. The complaint may be served with
the summons or twenty clays tnereaiter
nnrl after receiving the complaint the
defendant has twenty days to answer.
It will be seen that if the summons and
complaint are served together the ac
tion may be at issue in twenty davs, it
there is any defense to be made. If none
is made, and the action is to recover
money only, at the expiration of the :!0
davs." judgment is promptly filtered by
the clerk of the court, without the inter
vention of anv iudee or jury. I! relict
other than the recovery of money only
ired. anolication to the court must
li- had. but it mav be had in any court
in the district, on notice, and thus with
but little delay.
A pain, as the laws ol U.is State now
stand the pleadings cannot be served or
filled until ine court is in actual session
The comnlaint being nled an answer
must be immediately prepared and filed
the term, though it is the most
inconvenient time to do this, as the law
yers are then in court engaged in trying
cases and have little or no leisure to pre-
nn.- nleadines. Tbe constant appuca
tion to tbe court to extend time to plead
in all cases," as was done at the last
term of the court in this county
v.- rranlt. The antwer being filed.
three months more mnst elapse before a
tri.1 r-on he had. Surely this system is
dilatory.
iTnri.r the New York code, except in ac-
OTlntincr to real estate, which will
k. MnniriVred later, tbe court or clerk of
i -.,rr has nothing whatever to do
;h rase, and not infrequently does
not know of its pendency, until is at is
wti he ia notified that a cause is
tissue, he pntson the calendar for trial,
trivine it its proper piacc b"i"k
Sate of issue, and there it remains
- Until tbe entry of judgment the plain
tiff has the original wmmoni anu cum
nnlraa he cares to file tbetn. or
hn are used on some motion and
.. MuurilTv become part of the
record. Tbe defendant also has his copy
of tbem. Two copies, at least, of every
paper in tbe case are thus necessarily in
existence and a loss of one does not, as I
understand is not infrequently tbe case
here, create an absolute loss of so much
of tbe record. ...... j
A copy of tbe complaint being serred
the defendant has an opportunity to pe
rns it without traveling to the county
eat. A copy of tbe answer being likewise
served tbe plaintiff need not travel miles
to find out what tbe defense is.
iMdsM tomorrow.)
Washington, fan. IS. I'orecust till S
p. m. lhursdav: Warmer I oursaay
morning; shfhtly colder m ttie evuutiij;
easterly winds.
Capt. V. A. Holland is in town.
Frank O'Dounell returned to Aslieville
this afternoon.
John S. Fisher and C. S. Cox of Tryon
are m Ashcville.
hi:
iii-:i I'OOU IN UAI.T1
MOKE KKCKNTLV.
C. A. Withers of
the Swannanoa.
Augusta, (.-a., is at
from Richmond
T. L. Goff returned
yesterday afternoon.
Norman C. McLoud left this morning
on a business trip South.
Local revenue collections yesterday
amounted to $303.30.
V. A. Hood of Henderson villc came
over to Ashcville yesterday.
The Standard Oil company has scut a
contribution of oil to the Flo wer Mission.
There are about sixty cases on the
docket of the Criminal court which
opens here next Monday.
Ten dollars has been left at The Citi
zen lor the 1-lower Mission, ry a tricna
ot the organization, to be used in aiding
the poor.
1). D. Spaulding. a revenue examining
ffiecr of the 1'. S. treasury department.
who has been here for several days on
his regular round, left yesterday tor
points further South.
Capt. T. V. Patton, V. F. Randolph.
Chas. McNamee, W. I'. Cbeesborougli
and B. M. Lee left this afternoon tor
Raleigh to represent Buncombe county
at the Road Coi gress tomorrow.
The next rehearsal of Trinity church
choir will be held at the rectory Thurs
day evening, lanuary 19, at S:15
sharp. As Lenten music is to be re
hearsed, a full attendance is requested.
Council No. 0, Junior Order 1'iiited
American Mechanics, will enjoy a supper
next Monday evening, in the hall over
No. North Maiu street. Councils
Nos. S and 10 will also participate in the
supper.
Jack Mackav, advance agent of the
Deshou opera company, which opens
here next Monday evening for a week at
the Grand opera house, is in the city.
looking atter the putting up ot ins com
pany's paper.
tin the night of the 24-th of lanuarv
there will be held at Bethel M. K. church.
South, an anniversary service of the or
ganization of that church. Dr. J. II.
Weaver will deliver the address. All arc
cordially invited.
A.M. Lockett, representing theWorth-
mgton I'uinp company. New ork, is in
the city for the purpose of examining the
new pump house and ascertaining if the
foundations are properly put in. Mr.
Lockett says some portions of the pump
have already been shipped.
William Henry Wills, representing the
Manufacturers' Record, of Baltimore, is
in Aslieville, stopping at ttie natterv
I'ark. Mr. Wills is here in the interest
of the special monthly magazine issue of
the Record, the March miniDer ot which
will be devoted to North Carolina.
l.eadluic Feuinrea of Ilia Lire
ud Works Me Did Ureal Good
lu WeHlern North Ciirolluu and
Will Louie ne Ktnienibered,
Rev. Dr. D. llillliousc Buel died last
Friday night at the Church Home, Bal
timore, Maryland, and his remains were
taken to Troy, New York, tor burial.
Dr. Buel was born in Troy, N. Y.,
seventy-live years ago. He wasoruaiued
minister in the I'rotestaut F-piscopal
church bv Bishop Whittingliam, in Balti
more, and lor many years was rector of
parishes at Burlington, Vt., Coopers
town, N. Y., Cumberland, Mil., ami
other places. For the past twenty years
lie was principal ot the iMoetsau ideo
logical school at Aslieville, and in conjunc
tion with his work at the school he or
ganized more than a doz.'n missions in
Western North Carolina. One of Dr.
Bud's brothers, Rev. Samuel Buel, died
in New York, about two weeks ago.
Another brother. Rev. Clarence Buel, is
rector of Kinanuel I'rotestaut Episcopal
church, Cumberland, Md. The three
brothers held at different times the rec
torship of the sa me parish at Cumber
land. During his twentv years' residence in
Ashevillc, Dr. Buel established such u
reputation as a practical Christian
worker and unseltiuh philanthropist as
lias been accorded to hut tew men iu
tins section. A cornfoi table fortune was
really given away by this excellent man,
and he died possessed of no means. A
large number of fiieuds throughout
Western North Carolina will hear of his
death with roloiinJ regret.
If You Want to
FIT UP YOUR OFFICE HANDSOMELY
TELEPHONES 36 6c 40.
With a Little Money See
W. B. WILLIAMSON & CO.,
HEADQUARTERS FOR ALL Kl PS FURNITURE, CARPETS, ETC.
16 Patton Avenue.
Slock. 1'iiUltit In Over.
Lots of nice goods, remnants are being
closed out at a sacrifice till February 1st.
Importations for the spring are arriving
and are very attractive. See large ad.
J. II. Law 3.V37 I'atto'i avenue.
index to ISt-w Advertlseutenls.
I." ST This Otliec.
TO BACCU- H est on.
K KKI' ARM Crvstiil lM'aoe.
Ol'liKA Hiil'Si; Ko-linn Opera Co.
GRAND OPERA HOUSE
ONE WEEK, COMMEKCiNG
Monday, January 23,
M ATINKKS
WKPNBS'I.W AND SATl RDAY.
DESHON OPERA GO.
ART1STS-
30.
Criminal Court Clerk I'atterson has
been able to do verv little work in his
office today. A poorly constructed flue
caused more smoke to conic down the
stovepipe than went up. Mr. I'atterson
is not 11 smoker, nor does he believe in
smoking stovepipes, so lie left his otliec
to itsclt.
Mrs. L. D. Frost., wife of H. M. Frost.
died at o'clock this morning at 211
Mavwood street, of consumption. Age,
32 years. The remains were taken this
afternoon to Burkeville, Va., Mrs.
Frost's old home, for interment. Dan
ville and Richmond, Va., papers are re
quested to copy this notice.
A gentleman just returned from Ten
nessee savs that in Chattanooga, where
the streets arc very slick. Horses are en
abled to stand steadily atld do good
work bv drawing the last uail on either
side ot each shoe and putting in their
stead new nails with very long heads.
These give the horses' feet good hold,
and the cost is merely nominal.
"THK PASSION Pl.AV,"
Preuv GirN. CliurminL; llanccrs, Ilriliir.nt
Kcpertoirc. Magnificent costumes.
POPULAR PRICES!
5 25, ,J5, 50 Cents.
SBAS- I.N TIC KliTS-liilit A'lmU.siom,
eluding rcer-fecl scan. $3.
Monday, ERMINIE.
35 YEARS THESTANDARD.
GOLDEN SCEPTRE
Rev. I . . Barrett's Lecture I-'ri-
dav F.venlnx
Rev. R. S. Barrett who lectures Friday
evening, the 20th, at the . ai. v.. A., is a
confirmed tourist. He rarely misses
spending several months abroad every
year. Long experience has taught him
how to use his eves. He sees everything
worth seeing. He is a graphic descrip-
tionist, and he can tell what be has seen.
With a few bold strokes he passes a
picture before vou that is distinct in the
mind's eve. Ilis subject is the "Passion
I'lav of Oberammcrgau," which he saw
in i.s'.;). 1 he admission will be .a
cents.
PIPE TOBACCO.
Ail wc risk
is a trial to convince
is really j erfection.
yon th.it i
IIESTON, fl
ianlSdtf.
SOUTH MAIS ST
TOST A bunch of kevs on chnin ring
J ward if left at Citizen Oltui-
Re
Asheville, N. C,
WHITLOCK CLOTHING HOUSE.
CORNER STORE, EAi . X. E BLOCK-
To reduce winter stock, we offer special inducements
to i-ash buyers, all broken lots ro for half value, full lots
at greatly reduced prices. Our business suits, our Dress
su?ts, our underwear cannot tie beat for wearing qualities
and lit. Extra pants to fit any size, stien as you cannot
iiml elsewhere, we will sell way down price, call ana price
n r goods. We are prepared to make clothing to order
or cash only. Now is the best time to buy overcoats, ul
sters and enpt' coats, the prices are reduced. We will sol
and not pack away a single heavy garment that price can
move.
1 hanking the public for liberal patronage in the past
years, we will try to deserve a rontinuance of the same.
$4.50
Jellico Lump
For Grates.
SINGLE TON
ORDERS
$4.00
Jellico Nut
For Stoves.
ASHEVILLE ICE AND COAL CO.,
30 PATTON AVENUE
$8.50
Hard Goal
All Sizes.
TRY THE HEW COAL,
Gayton Red Ash
Semi-Antliracite.
$7.00
"Gayton
FOR FURNACES,
Grates, Ranges.
CAROLINA WINE AND LIQUOR STORES,
NO. 19 NORTH MAIN AND 7 AND 7 1-2 COLLEGE STS.
I o I-
Ket)i ia Ituck "Mount Vernon,' "Canadian Club," and Uld Baker Rye Whiskiea The li.-i
Viucs, Braodies, Bnr, Ale and Stout for family use. All good delivered free. Ale ni
Porter on draught, Enterence No. 19 North Main and 7V4 College atrert. Telephone
No. 163.
On avnd after May 9th I will send statrment of account by mail to parties in-
P. S.:
debted to me if not settled by that time.
Respectfully.
PROPRIETOR CAROLINA SALOON.
WE LEAD: OTHERS FOLLOW,
French Broad Lumber Co.
of
PARLOR J, SUITES,
-APil-
LATE DESIGNS IN CHAIRS
AT
blair & McDowells,
UNDERTAKERS AND FURNITURE DEALERS.
No. 45 Patton Avenue,
OPPOSITE CHURCH STREET,
ASHEV1LLB, N. C.
F
(' RENT On Starnfs nvepuc live room
house with stables and lot. Apply at
janioiw" .J. au.
DAY CALL NO. 75-
ll.OTIIIKG 1'OK CHILDREN.
An Appeal bv trie Flower NUhIoii
1'liat Should be Heeded.
The central office of the Flower Mis
sion, during ttie bad weatber, is kept
oijcn each day from 11 a. m. to 5 p. m.,
and all persons who desire to contribute
articles for the poor can leave them ut
the othce between these hours. 1 he Allu
sion appeals especially lor children s
clothing. There is an lament need of
clothing of this character, and charita
bly disposed persons are earnestly re
quested to send contributions to the
Mission as soon as possible.
License to 'Wed.
Kegistct Mackev has issued license to
wed as follows:
Thos. Rogers and Dora Lee Ftriiuson,
of Buncombe; white.
THE MARKETS.
New York Market.
Nbw York, Jan. 18 Cotton fa turn, Jaa
uarT, 9.27; February. 9.33; March. 4.;
April, 9.52; May, 9.62; June, 9.70.
to
until
Stock Quotations.
Nbw Vobk. Jan. IS Erie 25; Lake
Shore 131; Chicago and North western
11; Norfolk and Western, 37h: Richmond
and West Point Terminal UV-i; Western
Union
AFTER CHRISTMAS
AX
RAYSOR & SMITH'S-
As we did not srll all of
our Holiday (loodn. we will
from now till Jnnuarv ljjt.
sell at irom cost to 11) per
cent, below cotSoifytru
have received and JiYSHSi
given, remember we still have
many presents suitable far
all ages, at prices way below
their real value. Call and
pn(anythinjr you like, ajid
se what we offer. Open
evenings till 11 o'clock.
Biltivoid, Jan. 18 Floor, firm; wheat,
qniet; spot, 77784; Jan.. MOti; Feb. SOVa
May, OVv Milling wheat by sample. 7m
82; corn, firm; .pot, January B3V; February.
62; May S2Vfc; white corn by sample, S4W
66; yellow corn 84V4aV4-
RAYSOR & SMITH.
Aslieville Markes.
Corrected daily by
rexau
POWELL At SNIDER,
ui-i.. mr.A retail aToccra. Tnesc prices
arc being paid by tbe merchant to-day-
Batter. 183lpple" "ri 6
r( 20 1 Apples, dried 3a;
Chickena........l2tt30 Pumpkins, ec.6$2S
t,-w. 70tiOO'8orna SO
Docks'. 312o!Beeswax, per lt JO
Potatoes, sw't.. 60 1 Honey 1
i,-,. Irish... OO Wheat
Tnraipa SO0Crn..
Omitns
ner in
ba.lOOlSOI
-TELEPHONE-
-NIGHT CALL. NO. 65.
M
Moody
YOU WITH
ALL KINDS CUT AND 8PLIT ANY SIZB READY l'OR
IUSK AND 1IKL1 VBKKD.
jFIREWOOB
Kindlings and Clitxrcoal.
g"1g 77" T,l I FOR RANGES, FURNACES AND GRATES. MAKES NO SMOKB
f jt I i rlj ICUBAPBR THAN HARD COAL.
Lime, I'ortland and Louisville Cement and Plaster, Ar
tificial Stone Tile and Concrete Works.
Fancy Drick and Mortar Color.
Agent for King's Windsor Asbestos Cement, Dry Mor
tar and Knox villa Sewer Pipe Ivories
HA Y-AND- FEED
e, I Yard and Warehouse near Depot
Xelepnone o. i eiepnone in
Office No. SO Patton Arenac,
1 In vine accumulated a large stofk
Framing, Sheeting, &c, will sell
FRASIINti AT $7.50 PER 1,000 FKHT.
SHEETING $5.50 14 "
Will also take orders for
OAK. FIREWOOD
At $2.00 pir load delivered anywhere
iu'eity. octlTdtf
lKEM-KOM"
Is a chemical cumuutiiid. harmless in every remiect. and iierfectlv simple iu its an-
plication, it is a powder which is dissolved in water, and this solution sprinkled
over the coal.
This material is for use on cillicr hard or soft coal, in the boiler furnace, stove
and range.
baves . per cent, of the coal; also labor time and dirt: destroys tbe dead It coal
gas which often permeates the home, producing diphtheria and all kinds of nasal
and membranous diseases, thus insuring health and pure air in tbe homes, school-
nouses, ana an places wnerecoal is used.
Coal treated with Kem-Kom ignites quickly, lasts longer, and Rives out intense
heat. Starts a vigorous tire in one fourth of the time it takes without Kern Kom.
Largely lessens tbe ashes, prevents clinkers and cinders, bums the soot and a
arge portion of the smoke, thus keeping the flues free from dirt.
With Kem-Kom an inferior coal, such as .screenings, can be mixed with tbe ordi
nary coal, and a still greater economy effected.
FOR SALE BY H. R. KEPLER, AGENT FOR KEM KOM.
WE DO NOT RETAIL,
We will Pell to parties buyincr in 1000 pound lots FEED
AT BOTTOM FIGURES. We keep Bran, Middlings, Com
Feed, Corn Chop, Cracked Corn and Oats, Hay, Meal, Rye,
IVTn Wbito el rwl ty-ii va1 flnfu ofp f 2 or nnr Tvr-icn nnH Kiltr
direct.
Get our prices and buy
THE ASHEVILLE MILLING COMPANY,
MANUFACTURERS CELEBRATED ROLLER KING AND ELECTRIC LIGHT FLOUR,
Telepione 36.
Office 36,
Patton Avcn uc
MARBLE HALL CLOTHING HOUSE,
32 South Main Street.
Han just cjot through taking inventory of the largest
stock of Clothing and Gents' Furnishing Goods kept in
Western North Carolina. 1 find out I have too many
goods. I will for the next thirty days reduce prices on
Every thing.
Suits,
Former
V
rice,
Csbbsic per 1t..
Beams, p I
SS
Meal SO
Os.ts
Rye......... -10
Hit. tan 18O0
YOU WILI,
Need something in tbe stationery, or book;
line daring tbe year. When yon do, call on or
send yonr orders to
CHAS. D. MYERS,
Bookseller And Station
NO. 0. W. COUB f sgrtKB.
Orders for rnbber stamps, engraved cards.
IS THli BEVERAGE OP BEV ERAGES FOR EVERYONE WHO WISHES
TO KEEP THE BRAIN FRESH AND VIGOROUS
I'nrc Chocolavte smites in a perfect form all the qualities for a healthy and strengthening
liquid food, aadtcoatrary to the popular supposition (foanded on tbe are of impure mat
ter sold aa cnocoiate) it ia the
REMEDY PAR-EXCELLENCE FOR DYSPEPSIA!
A cap of thw CUOCOUTB MBMIBI, immediately after eating, will prvdacc digestion
in three hoars.
It is recommended to every brain worker In pines- ef tag that maic-a waly stiaalatcs
without str-en gt nesting.
-FOB SALE BY-
$22.50,
20 00,
.18.00,
10,00,
15.00,
13.50,
12.50,
10.00,
Now
flG.00
14.00
12.50
11.50
10.00
8.50
8.00
7.00
OVERCOATS ! OVERCOATS !
Overcoat?,
Former
Price,
$15
00,
12.50,
10.00,
8.00,
0.00,
5.00,
Now
flO.OO
9.00
7.50
5.50
4.00
3.00
The above Prices 1 mean,
tise facte. Call and see me.
When I Advertise, 1 adver
Yours Respectfully,
GREER & JOHNSON,
G. WHITLOCK-! PKOPMETOK.
Celcrr. do MUW
etc., solicited.