Newspapers / Fayetteville Observer [Weekly, 1880-1919] … / Sept. 5, 1907, edition 1 / Page 1
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SyOAILY EDITION. WEEKLY EDITION. $4.v . w anum, in Advance. 2.00 tod j Months in Advance 1. 00 for 3 Months, in Advance $1.00 per Annum, in Advance. OLD SERIES VOL LXXINO. 3,987. FAYETTEVILLE, N. C., THURSDAY, SEPTEMBER 5, 1907. NEW SERIES-VOL. XXIII--NO. a,a64. Quick as, a Wink hit axaetlr mresiee It.! fust as aulcklr M you can stir the content of on. package of Jell- THE DAINTY DESSERT Into a pint of boiling water, yon will liv pre pared a ilwuort winch will surprint) and dellelit all whs taste lb Wlion It ha. become cold It will Jellify and be reiuly lo out. Ifoi mora elaborate dessert try the following; Dunana Cream. Peol five I arte bananas, rub smooth with five teapooufuls of supnr. Add ono cup sweot imdi bouten to a rtill froth, then one nackaue of letnon Jell-0 dtaKOlvvl In one and one-half ,i.jum m mJL Uiipnui DOUIllg wnicr. r, (ii ronr in mom or oowi iGAJU'vA "hen oold K.rnlab wtmcautiica cucrnes. fiurve with whipped i uuMinnuiy. illustra ted recipe book free. AOUrtlse. PROFESSIONAL CARDS. j Q. K. NIMOCKS, Attorney and Connsellor-at-Law. i - Rooms 1 and 8 K. of P. Building. rATSITOVILLK, M. 0. 'Phone 229 H. McD. Robinson. John U. haw, (Notary Public) ROBINSON & SHAW, Attorneys-at-Law, Offices on second floor National Bank of Fayetteville. ' H. S. AVERITT, vi lAttorhcy-at-Law, (Notary Public).' Office 125 Donaldson Street, Fayetteville, N. 0. V. C. BULLARD, Attorney and Counsellor at Law, Notary Public, Survey orr Office K, of P. Building, , FAYEITEVILLK, N. C. r!wm7s?jprdan Physician and Surgeon. Office in Palace Pharmacy. Hours: 9 to 12 and 3 to 5. ' W. S. Cook C& Co., Bill tt li Initi, Boom 6, K. of P. Building, Fayetteville N. 0 - JOHN C. DYE, M. D., PHYSICIAN AND 8UEGEON, OFFICE: Armfleld A Greenwood Drug titore. Dr. E- Lu, HUNTER, Dentist, North-east Cprner Market Square, Fayetteville, N. 0. Dr. J. R. HIGHSMITH, -DENTIST. Office: Uighsmith Hospital. MacKETHANKte TRUST CO. Market Stuart, riTirnviLLi.M. c. Seal Estate bought and told. Loans negotiated and (uaranteod. Rcata and Interest collected. Tltlca examined, conveyances made. nranee premiums taken and loaned here B. K. MacKsTHiM, Att'T. For Sale: property now being prepared, most of former traota hav ing been sold. ANNOUNCEMENT. I hereby announce v my withdrawal (to take effect September 1st, 1907,) from general! practice, ce voting my whole time and attention to Surgery and Gynecology; and to office and consulta tion work. ' : , j. F. HIGHSMITH, M. D. Ji & E. Mahoney, , Portsmouth, Alexandria, and Norfolk, Va. Rectifiers and p -Wholesale LIQUOR DEALERS. j mi of our Products: Arlington, - Oammeron Springs, " Hampton Koads, - Belle of Virginia, Lake Drummond, ? Bed Hlver, Mahoney'i Best. SDHNYS1DE FLORAL NURSERY. (James M. Lamb Sons), ' -! Look Box 65. Telephoned. . .. . Fayetteville, . 0. We are new ready to do fanoy bedding, .We have , : . b the vdfv best oondition. f ALTER- NANTHEKIA to border the beds with. mnrtl QDf TWrVENH ? I i the best border Dlant known. ' GALA- DIUM8 flne.strong bulbs. TUBEB0SE8, the sweetest of all, and easy to grow; - i v.- nAHi.ua n u We have a fine lot at Just half price, or 76c. per dos.r Palme, ferns and general Stock or ureennouie piania. OUT FLOWERS alwaye j ; P7rtfl,a. N ALB COUHTWIie. giubutt (Brtct wUk W-Utm " momn i cftiu Ikt pattnt. -., htiirt iMl Infrinpmsfrt NtilMlxohllM waeMiNaTO"Lg.j Kirn fills M ( BMtir.?t '13 rvl Ik mi tiki-jii'.n her; id Democratic doctrine, SURE ENOUGH. , The Greensboro Record, which has recently been publishing a number ot admirable editorials on political and economic questions, contains the fol lowing: ' ' Currency Inflation. The last time this country had a tariff for revenue, as free from pro. tectlon as any tariff should be, was from 1836 to 1861. That was a period ot great prosperity. The census bu reau has just published a special re port on national wealth by decades and these figures show that the wealth more than doubled from 1850 to 1860 increasing from $7,135,780,228 to 158,616,068. That is. an Increase of over 135 per cent, during the time when a low tariff and what the pro tectionists call free trade prevailed. During the later decades the Increase was never nearly so great and from 1880 to 1890 was only 50 per cent. and from 1890 to 1900 was less than 33 per cent, and during the past four years since 1900 the Increase will be Wit little over 60 per cent, for the decade to 1910 at the same rates of Increase an for the past four years. It Is claimed by the standpatters that all the prosperity this country has enjoyed Is through protectionism, but neither the McKlnley bill, while It was In operation, nor the DIngley bill now, can compare as prosperity producers with the Democratic tariff for revenue period for 1850 to 1860. How will our protectionists explain these official figures T Now Democrats do not claim that the low tariff of 1846 to 1857 and the still lower tariff of 1867 to 1861 was the cause of all the great prosperity of that period that has never been equalled. The discovery of gold In California In 1848 and the consequent Inflation of the currency was one of the causes, just as the increased out put of gold from Alaska, Colorado and Nevada during the past ten years has been one of the causes of the present prosperity. Prices of com modities alwayB Increase with cur rency Inflation, but the advance In the price of commodities from 1848 to 1860 was not anything" like as great as now, for the low tariff then acted as a restraint, because If prices in creased beyond where foreign imports could be sodd with a profit, either the home manufacturer would have to keep within the price that foreign goods could be laid down for or lose his trade. But how different now, with a simi lar currency Inflation and a trust fos tering tariff that prevents the Importation- of foreign manufactured goods unless an axerage duty of 75 per cent, is paid," affaf therefore, allows the com binations Into which most ot our man ufacturers are now organized to not only advance the price ot their pro ducts up to the percentage of the tariff tax and through the artificial and arbitrary advantage of tariff protec tion are in a great measure freed from competition either at home or from abroad. ' " If a tariff for revenue was now en acted the trusts would be compelled to reduce their profits to prevent for eign product from- competing with them, but the range of prices would still be higher than formerly in con sequence of the Inflation of the cur rency through the Increased output of gold and the increase of the national bank currency. As the gold inflation is world wide the price of commodi ties everywhere measured In gold have Increased about 20 per cent, while here, in consequence of protect ing the trusts, prices have Increased 46 per cent The difference between the increases here and abread, or 25 per cent., is the price we all pay In tariff taxes or increased trust profits, for the Republican policy of protect ing the trusts. While the statement of the fact that the double decade before the war of 1861 was by far the most prosperous pe riod in our history, is not new, the fact appears to be little known, and the very Interesting form In which our Greensboro contemporary presents it, as above, Is therefore the more val uable. If our contemporary will get from the State Department at Washington the report on Emigration from the United Kingdom, published In 1887, It will see how astonishingly the same facts now presented by the census bu reau's report were anticipated or com plemented by the testimony of the ebb and flow of emigration from the old countries to the new. The indications of emigration are unerring, because they reflect the struggle of life and the effort to bet ter themselves of millions. The move ment Is largely unconcerted, but bad times in the country whence and good times In the country whither, or the reverse of these conditions, swell or diminish the volume of emigration, whose original impulse is the pressure of population. Just as this census bureau report reveals the vastly greater Increase of wealth in the double decade from 1840 to 1860 over that In the decades and double decades after the war, so the statistics of emigration show how much greater was the response to the , emigrating Impulse in the 20 year, from 1840 to i860 man in bit. Blaine's iO years of "millennium" from 1860 to 1880. A " It was this emigration and kindred reports oi the later Eighties that gave New York' to the Democrats in 1890, and let in motion the ttriff-for-revenue wave which ewept the Democracy iuto complete'' bower in 1892. Perhaps this census bureau report may be similarly' used though, of course, It will be many years before the Democracy can recoverthe Senate, even if It secure the House and the President. '. .' ; ' What a sad reflection the result of our lost opportunity in 1893.,, It , we had carried out our pledges to enact a tariff for revenue at once upon our ac cession to full power In 1893. the Denv ooracy would he still In control ot the government! the Philippines and Cuba would not be costing us 400 millions a year; the trusts and the railroads, grown fat by the tariff and the demon etisation ot sliver, would not afflict us if-finer the-htotory: oLAjme.rlcauBtid largely of the world, would be very different from wnat u is. ; NONE 80 BLIND A8 TH08E WHO -WILL NOT SEE. ' We observe that some of the anti- Bryan newspapers are quoting the fol lowing from the Richmond News-Leader (politics not known to us) ; "But for the fact that Mr. William Jennings Bryan is widely known as a temperate man, If not a total abstain er, we would be strongly Inclined to suspect that he was intoxicated when he gave to the newspapers the Inter view reported yesterday morning. In fact intoxication would be the most satisfactory excuse we can think of for his friends to offer. The public forgive a man for an alcoholic spree more readily than tor Incompetence. He asserts that President Roosevelt In his Provlncetown speech outlined a scheme ot centralisation for the pro tection or the railway and other cor porations. He announces this discov ery with the air and manner of the detective hero ot a melodrama who shouts from the center of the stage. close to the footlights, "Ha! Ha! Dis covered! Discovered! And foiled at last!' ,'Every Wall street orisan and sym pathizer In the country has been tell ing us that the stock mar ket has tuberculosis because Mr. Roosevelt is persecuting capital and chasing corporations with a lariat. Mr. Bryan announces that Mr. Roosevelt really Is trying to play tender parent and protector to the corporations and intends to throw the strong arms of the federal govern ment around them to prevent popular vengeance from reaching him. Mr. Bryan says the federal incorporation of railroads and other corporations is a move toward centralization which should alarm the public. He tells us that "even the Hamlltonlan Republi can ought to Hesitate to trust Congress with any more power while the United States Senators are elected by legisla tures." And yet Mr. Bryan, posing himself as a Jeffersonlan Democrat In direct antagonism to the Hamlltonlan Republican, came before us less than a year ago proclaiming as the chief plank in his own platform that the government should not incorporate the railways, not regulate them, not make and enforce laws requiring them to give good service and to deal honest ly with the people, not supervise their operation but buy, own and operate them outright. If federal Incorpora tion is centralization, in the name of common sense what would federal ownership be?" That is what comes from getting your facts wrong. Mr. Bryan never advocated anything of the sort de scribed. As we have so often pointed out, Mr, Bryan's theory about, govern ment ownership Is that, if fair trial of the present centralized law for federal regulation should fall, the States should take the matter In hand after the manner of their several desires in relation to it, and that the federal gov ernment shuutit build or acquire one or more trunk lineB, (as formerly in the Pacific railroads), and by this means force a proper regulation of the others, Instead of a proposition looking to centralization, Mr. Bryan's looks just the other way to decentralization and harmonizes completely with the awakened movement for a resuscita tion of the constitutional rights of the States. JUDICIAL OBTUSENESS. "We reproduce elsewhere an excel lent article from the Baltimore Sun on Th e "Growing Opposition to the Roose velt Doctrine of Centralization." The article is a good summary of the sentl ment alluded to, and of the causes which have aroused it. But the Sun falls to note the vital weakness of Judge Parker's otherwise admirable dissertation, viz: his failure to dis tinguish between the original juris' diction conferred by the Constitution on the Supreme Court in "cases where a State is a party," and that which may have been conferred on the "In ferior" court judges, such as Judge Pritchard, by Congress, which, of course, is subject to the Constitution al grant to the Supreme Court, refer red to above. Judge Clark, as already quoted by us, has stated the law very clearly on this point THE CRAFTY RAILROADS. The crafty method of the Southern railroad, as exhibited in its destruc tion ot the counterfoils, or stub-books, of Its free-pass books, is not calculat ed to Impress the public favorably, But the Raleigh News and Observer calls attention to another view of the matter in the following: "Tt win doubtless be a matter of re lief in many parts of North Carolina to learn from Mr. Ackert that the stub books of the Southern Railway show ing the persons to whom free passes won. laaueri lAnt ve&r have been de- stroyed. When were they destroyed?" THE CONFEDERATE ARMY CON TAINED A COMPARATIVELY SMALL NUMBER OF SLAVE OWNERS. . j Houston (Texas) Post Thn nonulation of the eleven States which seceded, was, in 1860, 9,108,332. The number ot slave holders In tHaee States In the same year, alt tow, was In round numbers 350,000, ot whom 70,000 owned Just one slave, 12,000 two to five slaves and 85,000 from six to ten slaves. It-is clear, therefore, that a comparatively small percentage of the people of the South were slave owners.. ' - i The estimates ot the men engaged in the Confederate military service, from the beginning to the end ot the war, range from 650,000 to 1,000,000. The records at Washington Indicate something near the, latter figures, though Confederate authorities rarely estimate the number beyond 700,000 Ot this number the slave owning classes furnished their full quota ot private soldiers and the great majority of the officers, but It Is not likely that there were exceeding . 200,000 slave .owning soldiers In the Confederate army and the figures are apt to be under that estimate. Naturally many of the slave owners. were old men, thousands- of them-wro-women and not a few were too young to serve In te army. v THE NATIONAL RIVERS AND HARBORS CONGRESS. : Vital Importance of this Body tofsy- ettsvilie's interests. Beginning with the organization of the National Rivers and Harbors Con gress, at Baltimore In 1901, Fayette ville, notwithstanding its comparative Insignificance, has been able to secure and retain one of the coveted places on the directorate ot that body. .There were seven directors at first, ''whose Jurisdiction, so to speak, covered the! whole of the United States, out the territory specially represented by each of them was one seventh of the- whole Our Fayetteville representative wa assigned to the territory stretching from Maryland to Louisiana. Later, at the business of the Congress grew, thi number of directors was Increased to 15; and, at the last Congress, Decem ber 4-10, 1906, the number was Increas ed to 20. ' o To keep up with his duties towards 1 this Congress, our Fayetteville repre sentative has been obliged. In the na ture of things, to spend a great deal of his own money and so much of his time as to seriously Interfere with bu siness of great consequence to him self. For example, he has been under promise to write a sketch ot the late E. J. Hale for the North Carolina Bio graphical History ever since that work was begun some three years ago; but the continual pressure of duties and responsibility in connection with this Congress, has prevented. And so with Innumerable other duties of a person al character. Noting the utterly In different attitude of late towards the River and Harbors Congress on the part of the local organization whose duty it is to help him and hold Bp his hands, a Fayetteville gentleman re cently said to him: "I -would drop the whole matter In disgust." To which our representative replied: "I can not drop it The responsibility of con ducting this fight was placed upon me by the public meeting of November 15, 1900, was accepted by me, and cannot be dropped." The adoption ot our Cape Fear scheme by the U. 8. Congress was se cured in 1901, and an appropriation for beginning the work was made in 1902. But the country had not then been educated upon the subject ot the duty of the government to spend as much for rivers and harbors, the In strumentalities of Peace, as for the Army and the Navy, the agents of War. While, therefore, we were ap propriating nearly 300 millions at ev ery Congress for the latter, we ap propriated but 19 millions for the for mer. Now, the National Rivers and Har bors Congress the body of which we are speaking set about, in these In tervening years, to educate the 80 mil lions of our population up to the point of forcing Speaker Cannon and Chair man Burton and the other members of Congress to make an annual appro priation of at least 50 millions to rivers and harbors. Under this our Fayetteville project would receive an annual appropriation. Many thousands of dollars were collected and spent by the Rivers and Harbors Congress In working up sentiment, and the result was that at the short session of the last United States Congress nearly 90 millions were appropriated. But Fey etteville got not a cent. Relying upon the undertaking of the Chamber of Commerce to look after Fayettevllle's quota of $300, our Fay etteville representative was engrossed with the preparation of the case for the reopening before the U. S. En gineers In January, and when he ap plied for the money to send-on, was informed that the committee appoint ed by the Chamber to look after the matter of Fayettevllle's quota had not even been called together! To repeat ed efforts since to ascertain the cause of this extraordinary course on the part of the committee no response has been made. It is due to our Fayetteville repre sentative and to the CltlzenB' Commit tee, of which he Is chairman, that the people of Fayetteville who are so vi tally Interested In this project ot the Improvement of the Upper Cape Fear should know the facts. Below is a sample of the literature sent out by the Publicity Department of the National Rivers and Harbors Congress. Hundreds of thousands of similar, documents have been sent to the newspapers and other promoters of public opinion. This Is kept up all the while, and is supplemented by the addresses ot President Ransdell (who Is an Influential member of the Rivers and Harbors Committee ot the U. S. Congress) and Special Director rox, who have Jointly travelled in this be half over 50' thousand , miles. Last year, os noted above, these efforts forced from Congress an appropria tion ot 90 millions. As much Is ex pected from the Congress which will assemble four months from now. And yet Fayettevllle's commercial body, wMon rltrl en much for Fayettevllle's great project up to tits last two or three years, Is now -absolutely speech less on the subject,,, v,, NATIONAL RIVERS AND HARBORS CONGRESS. , "" , Department of Publicity. r.''t.,- Cincinnati,' Aug. 29, 1907, .;",. . . .- To Harbor Cities. The Department of Publlolty of the National Rivers and Harbors Congress submits to you the following article, it... itfilnmnM nt vrttii fiinn When the u.g v-u. .... v- Congress of an earlier day linked togeth er the Rivers and the Harbors ot the country and committed their care and Improvement, to one committee, It did wisely. The Improved harborIff"no less a necessity wan ue improves in land waterway, and each Is dependent upon the other especially with Tefer ence to the export trade with the river bringing the products of the In terior to the harbor and the harbor speeding their products on their way to foreign ports, in the near future, as it is to be hoped, also to the rich markets of the Orient, awaiting the products of the American farmer, cot. ton grower, cotton goods manufactur er and all Industrial establishments In the United States. ' The Harbor and the River. The Improvement of the harbor is necessary to the business Interests of the entire country and to their proper development as the Improvement of the river, especially when the export trade of the United States Is concern ed. The fact of the Improvement of the river and the harbor being of equal necessity was long ago recognized by the Congress of the United States. Unfortunately, and because of condi tions which do not now exist, the im provement of the harbor, like the im provement of the river, barely ad vanced beyond a state of recognition. Their importance was not appreciated In the rush of railway building and in 'the belief now frankly abandoned that with the coming of the railway the question of transportation had been completely solved. , It Is an Infirmity of humanity that present means of relief are, too often, taken as adequate and permanent means ot relief. The railways have proven Inadequate to transport the freight offerings of the country, not be cause of lack of willingness of effort on their part but because of the tre mendous growth of inland commerce and the export trade. The first has made the inland waterway an absolute ly and completely recognized necessi ty. The second has made the ade quately improved harbor a necessity. The Inland and the outland trade are now uniting In just and reasonable assertion that the business Interests of the country not only require an ad equately and Improved waterway to the harbor, but an adequately im proved harbor In order that l he offer ings for export be expeditiously and properly handled and forwarded to their destination. The one improvement Is complemen- tal to the other and the National Riv ers and Harbors Congress Is finding strong support because of its broad and comprehensive policy with regard to the river no less than to the harbor, and to the harbor no less than to the river. - Kansas, Missouri, Illinois. The speech of Hon. Lawrence M. Jones, of Kansas City, President of the Missouri Valley Improvement As sociation, delivered before the Nation al Rivers and Harbors Congress, at Washington, in December, 1906, was peculiarly Western in Its forcefulness that Is to say it went directly to the very heart of the subject of the Im provement of the- inland waterways, the natural highways of trade and of commerce, and of the vhrbors, the natural highways of trade and of com merce, and of the harbors, the natural gateways to the country needing only the Improvement of both for the un shackling of trade and of commerce and the complete development of the resources of the United States. The Publicity Department of the National Rivers and Harbors Congress respect fully and confidently asks you to give space to the following article in your columns. The West to the East. In addressing the National Rivers and Harbors Congress at Washington, at Its December meeting in 1906, Hon orable Lawrence M. Jones, of Kansas City, President of Missouri Valley Im provement Association, was particular ly happy In voicing the call of the West to the East for reciprocity in action, and for continued action In the work of making the rivers and the harbors of the country what nature In tended them to be, but which man has for too long neglected the natural highways and gateways of the trade and commerce of the United States and of each State and section of the country. Insisting that the time had arrived "for the general expansion of our national policy towards all works of internal improvement which have heretofore, ocupied a subordinate place in national expenditures" and that the greatest question in econom ies to-day Is the question of transpor tation, Mr. Jones thus happily ad dressed the members of the Congress from the eastern slopes of the Alle- ghenles We have been told that some of our eastern friends are opposed to Im proving the western waterways. We are not prepared to believe that We have a warm feeling for the east. We remember when you loaned U money at healthy rates of interest when we had good collateral to offer. We wish to inform you that we are now wearing tailored clothes and are buying your paper in the west when you offer us attractive rates of interest and the proper amount of collateral. We have always paid willingly for the Improve ment' of your rivers and harbors. But the time has come when we are ask ing that the great internal waterways that the great rivers of the west have some attention from the govern ment and we ask you of the east to take as liberal a view of the question as the west did when you desired the government to improve your rivers and your harbors. It was a call from the great west to a cosmopolitan assemblage having but one object in view the adequate improvement of1 the rivers and tne harbors of the country under a fixed policy, having no particular section to be favored but embracing in its plat form the whole country and the water ways thereof. The speech of Mr. Jones, expressed In homely but most forceful and truthful words, was a call to the east that was reciprocated. The Justice of the demand with the advan tages to come from Its fulfillment no less than the Inadequacy of the rail ways td carry the freight offerings, make river and habor improvements assured tt persistence in the demand continues. To Interior Cities (River), v The great prominence which Is held to-day by the question ot the improve ment ot the rivers and the harbors of the country, and the deep Interest at taching to the question so vital to each and every commercial, Industrial, min ing, agricultural and financial enter prise In the United States n Inter est which is shared by your communi tybrings confidence to the Publicity Department, of the National Rivers and Harbors Congress that you will give space to the following article in your columns, and more especially so as the question ot present tonnage oa Inland waterways, Instead of .tonnage the Improved stream would be capable ot bearing, l a subject ot.no little discussion. TonrtSflS on the River It the question of "present tonnage" had been taken into consideration as the prime and moving factor In the earlier days of the United States, it is exceedingly Improbable that - capital would have been induced to invest in the construction of railways. But the builders of railways looked to the country it was designed to pierce with the rails, to its possibilities of mine, of field, of forest and of climate and procured their charter, subscribed their capital stock, overcame engineer ing difficulties and constructed their lines through territory which then was a wilderness but to-day is teem ing with commercial and Industrial life. There was no tonnage across the Alleghenles, save In the Conestoga wagon, when the first railway was pro jected in Pennsylvania. There was no tonnage on the plains save the tonnage which was carried In the prairie schooner when the project of a great transcontinental line was suggested as a possibility, and like conditions exist ed when the Baltimore and Ohio, the Erie, the New York Central, the Geor gia midland, the Illinois Central and other great arteries were projected. But trade and commerce, mining and agriculture, the church, the school house, the- newspaper and an intelli gent and pushing citizenship followed the construction of the railway and vast tonnage also followed In its wake. To-day the tonnage of the country Is so enormous In Its proportions, and In creasing at rates that stagger belief, that the magnates of the trunk sys tems frankly admit their inability to handle the freight offered to them for transportation. The excess of freight must find a highway at once continuous, safe, effi cient and reliable and that highway can be found only in the waterway, with the test of merit being in its ca pability to bear tonnage If adequately Improved, not in its capability to bear tonnage In its unimproved conditions nor In the fact that, being unimproved the tonnage Is light. Tonnage follows the highways of trade and commerce. The history of every improved water way demonstrates the fact. If existing tonnage had been the test- in early days, no railways would have been constructed. But the railways were constructed and tonnage has followed so enormously that the one solution of the question to-day is admitedly to be found only in the improved waterway harbor. CURRENT COMMENT. Do not fail to read the article en titled "Guilty of Bad Faith." GUILTY OF BAD FAITH. Raleigh News and Observer. The Ink was hardly dry on the agreement entered Into between the State authorities and the Southern Railway officials to expedite the cases growing out of rate reduction before the attorneys of the Southern Rail way were guilty of gross bad faith They rushed off to Asheville, saying they would ask Judge Pritchard to modify his order in the case in ac cordance with the agreement. Instead of making that motion. Attorney Thom hastened to Asheville breathing out anathemas on the State and de claring his railroad had been "club bed" Into an agreement, and he se cured statements in the record that were unfair and unjust to the author ities of North Carolina. If, upon the reading of the statement made In the Federal court when the order was modified, Governor Glenn had an nounced that he would annul the agreement, he would have been more than justified, for under no sort of ethics were the statements made by Mr. Thom anything but bad faith as to the agreement made with Governor Glenn. The object of Mr. Thom, of course, was to try to get Into the record for ef fect upon the Supreme court and for foreign consumption a statement that the Southern Railway had been denied a fair trial In the North Carolina courts and that they had been "club bed" into submission In a word, that their rights had been taken from them by force. Judge Pritchard ought not to have permitted such a statement to have been made in the absence of the counsel for the State. Of course, when court assembles a motion will be made to strike all this impertinent and extraneous matter from the rec ord, and, If the judge does right, he will order It stricken out. Even then, that act of bad faith has mislead a portion of the press and has seemed to prejudice the position of the State In the eyes of uninformed people. No case In the annals of North Caro lina was ever tried with more judicial fairness than the two cases, one against Agent Green and one against the Southern Railway in Wake Supe rior Court. Judge Long gave patient hearing and his trial of the case was so fair as to win universal commen dation from fair minded people. Those who followed the case saw that a principle was being enforced In an orderly way; no force; no nullification but in the courts in the regular way. And yet. after such trial and after an agreement to expedite the hearings of the cases In the State and Federal courts, here comes the Southern Rail way and sends Col. Rodman, tta chief North Carolina attorney, to protest against the early hearing of the case In the State Supreme court, to wnicn the Southern has appealed. Mr. Thom. for the Southern Railway, atrreed to exDedlte the cases. He sends Col. Rodman to Raleigh to ask the Supreme court to deny the mo tion of the attorneys for the State to expedite the case. It is a pity Mr. Thom did not come Mmseu ano per sonally protest against doing the very thing he agreed to help do In the Governor's office on that memorable Saturday afternoon. The object of the attempt to pre vent an early hearing of theaseJn opposition to the express agreement. is, of course, plain to every thoughtful man. The Southern Railway believes the State Supreme Court will uphold the State and Federal Consltutions and give a decision In line with the almost unbroken decisions of both State and Federal Courts. It be lieves that when it appeals from that decision, If It should be made, that case will reach the Supreme Court at Washington and be argued before the case in Judge Pritchard"s court Is ready to be heard, . They fear the ef fect of a decision by tne state su preme court because they know their contention is wrong unless they can Inject Into the case the question ot being "clubbed" Into retirement from the Federal oourts. . The statement In JUdge Pritchard's court that the Southern Railway had Tbeen coerced and "clubbed" by the State Into surrendering some right It had In the Federal court, was an act ot bad faith by the Southern Railway. The - atom pt-4a- prevent, an early hearing of the appeal from the $30,000 fine in Judge Long's" court is another act of bad faith, for It was expressly agreed that both parties would try to expedite both cases. The States officials and attorneys have acted In good faith. How many more acts of bad faith Is the Southern to be guilty of before the State Is ab solved from an agreement which the Southern broke two days after It was made? GROWING OPPOSITION TO THE R008EVELT DOCTRINE OF CEN TRALIZATION. Baltimore Sun. The Sun has taken occasion hereto fore to refer to the character of the speeches which have been delivered during the present year before the va rious State bar associations. The sub ject of the principal address at almost every meeting has been suggested by the President's reiterated proposal to centralize In the Federal Government all power to regulate corporations and Individuals engaged In Interstate com merce, Including the regulation of la bor employed and of production. Sup plementing these extreme views came Secretary Root's speech explaining how the President's plans and theories were to be put Into practice in spite of constitutional limitations. This was to be accomplished by changing the Constitution by judicial Interpreta tion, such changes being designed to deprive the States of power they had reserved to themselves, but which up to that time had not been as freely used as the President and Mr. Root thought they should be. Such an ex treme and revolutionary programme naturally aroused a protest from cons titutional lawyers and men all over the land who consider our present form of government best suited to our conditions and needs. These protests have been voiced by distinguished law yers at the various bar association meetings, and among the speakers have been many prominent members of the Republican party, including Sen ator Knox, of Pennsylvania, who spoke at Yale College, and Mr. John S. Wise, of Virginia, who spoke before the Maryland Bar Association. Judge Par ker made this plan of centralization the subject of an able address before the North Carolina Bar Association some time ago, and on last Monday he made another notable speech at the meeting of the American Bar Asso ciation in Portland. This latest ad dress reads like a carefully consider ed opinion delivered from the bench. Its tone is calm and judicial, and the positions he takes are well fortified by authorities which he cites. One of Mr. Roosevelt's plans of cen tralization is for Congress to enact laws regulating labor and production in the States and to enforce such laws by excluding from transportation all products made in violation of the terms of Federal requirements. Judge Parker says this cannot be done. "It is authority to regulate interstate com merce, and not production within a State," he says, "that the Constitution confers upon Congress. An attempt therefore, to deny to the harmless and useful products of a State entry into interstate commerce would violate the ietter and spirit of the Constitution." The attempts on the part of the Fed eral Government to despoil the States of the powers aqd functions belong ing to them has already aroused the antagonism and indignation nf many States, and In the opinion of Judge Parker had not a little to do with the recent conflict of judicial authority in North Carolina. The Judge does not question the jurisdiction of the Feder al court in that case nor the power of a Federal court, under the terms of the Fourteenth Amendment, to set aside State statutes and State Consti tutions as well, if they deprive any person of life, liberty or property with out due process of law. "While this is so," he adds, "it seems to me that courts, both Federal and State, should always bear in mind that comity which has thus far enabled the dual jurisdictions to work together so har moniously for the public good." One good result which may be ex pected to come from the North Caro lina controversy is a decision by the Supreme Court of the United States. Some of the decisions of this tribunal upon similar questions have in the past conflicted with others and have not been uniform. It is to be hoped that when the decision upon the North Carolina case is reached it will be comprehensive and illuminating and settle finally every conflict and dis pute. Judge Parker quotes from the opin ion of Justice Brewer in the Kansas- Colorado case, recently decided. In that case Kansas sought to enjoin Col orado from chartering irrigation com panies which would take water from the Arkansas river, and so diminish the. volume of the "American Nile" that the people of Kansas would be deprived of their water supply. The United States intervened, claiming that the rights of the two States as regards the flow of water are subordi nate to the superior rights of the Uni ted States to control the whole sys tem of arid lands. The court decided that the United States has no such rights. It not being conferred by the Constitution. The United States has no power, Judge Parker said, which is not expressly granted or given by necessary Implication." And the rule of interpretation of that which Is granted applies precisely to that which is prohibited; "in other words, If the Constitution in its grant of powers Is to be so construed that Congress shall be able to carry Into full effect the pow ers granted, is is equally imperative that where prohibition or limitation is placed upon the power of Congress that prohibition or limitation should be enforced In its spirit and to Its en tirety. It would be a strange rule of construction that language granting powers Is to be liberally construed, and that language of restriction Is to be narrowly and technically construed-' Stomach troubles, Heart and Kidney ailments, can be quickly corrected with a prescription known to drug gists everywhere as Dr. Shoop's Resto rative. The prompt and surprising relief which this remedy immediately brings is entirely due to its Restora tive action upon the controlling nerves of the Stomach, etc. A weak Stomach, causing dyspepsia, a weak Heart with palpitation or intermittent pulse, al ways means weak stomach nerves or weak Heart nerves. Strengthen these Inside or controlling nerves with Dr. Shoop's Roctorative and see how quickly th?re ailments disappear. Dr. Shoop of K-ic!ne, -Wis., will mall sam ples free. Write for them. A test will tell. Your health Is certainly worth this simple trial. Sold by B. E. Sod berry's Son. I1UUU1 Relieves amir stomach. palpitation "of the heart. Digests what you tat ' FAYETTEVILLE MARBLE AND GRANITE WORKS- Strictly First-class Work. Call at my yard or write for prices, iiesp E. L. REMSBUSG, Proprietor, Fayetteville.N. O V WE INVITE our customers and the pub lic generally to call at our remodelled store. We have completed the installation of a new Soda Fountain and a new outfit of furniture and fixtures. With improved sales and prescription room facilities jt WO UVIG IU 1CVC1VC a ilUGlOA share of patronage. 3 Registered Pharmacists. Unusual Laboratory Equip ment. H. R. HORNE & SONS, j BUISTS NEW CROP TURNIP SEED CALL EARLY WHILE WE HAVF ALL THE VARIETIES. YOU GET FRESH SEED FROM B E.Seiilierry's Sons. We Use the Utmost Care ,And carry a supply of pure standardized DRUGS AND CHEMICALS, together With a complete mod ern equipment. We do perfect compounding of prescriptions. A. J. COOK & CO. DRUGGI8TS AND PHARMACI8T8. Next P. O. 'Phone 141. Drugs Medicines. Our Goods are Pure, Our Goods are Fresh, Our Stock is Complete, Our Delivery is Fast. We solicit your trade because If you want what you want when you want it, come here. KING DRUG CO. (McDuffie Diug Store.) Mosquitoes Our RHEUMAID will Drive them away. 25c a Bottle. MacKethan &Co,'s DRUG STORE. Agency: Cut Flowers, and Quality Chocolates. KEEP COOJ. : : AT OUR : : Sanitary Soda Fountain. Two Whirling Fans And ALL The POPULAR DRINKS. Armfield . Greenwood, ii& Prescription pharmacists. Thona Ko. il. -
Fayetteville Observer [Weekly, 1880-1919] (Fayetteville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 5, 1907, edition 1
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