Newspapers / The Caucasian (Clinton, N.C.) / Jan. 6, 1898, edition 1 / Page 1
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THE CAUCASI AN m VOL. XVI. 5; RALEIGH, N. 0., THURSDAY, JANUARY C, 1898. 'r SUPREME COURT DECIDES AGAINST ' THE WILSONS Messrs- Caldwell and Peargon Put in Possession of the Office and Assume the Du ties of the Railroad Commissioners- JUSTICE DOUGLASS WROTE THE OPINION; WAS CONCURRED lul.y lt the Juitlrra ftae Cltlrf J untie Faircloth, who Urantad a Writ of Error -It Nun Ohm to lh t ultctl BtaUa Su. pretne Court Hearing to M Had lb Washington, .1 wnunry 'iOih. Thursday, Dec. 23. The Supreme Court rendered decisions in the cases of L. C. Caldwell vs. J. W. Wilson and J. II. Pearson vs. Otho Wilson, for olives of ltailroad Commission ers, deciding in favor of Messrs. Caldwell and Pearson, the appointees of the (iortrn-jr. The opinion w&s written by Justice Douglass, the other Justices concur ring, save Chief Justice Faircloth, who filed a disst-ntmg opinion lie held that tho Governor did not have the right to remove the two Wilsons. Chief Justico Faircloth refused to sign th j-idguitnt of the Court- The Chief Justice always signs the judg ments for tho Court and his failure to sigu this judgment was something unusual. Judge Clark, the next oldest Jus tice on the bench in point of service, signed the judgment at the instance of a maj jruy of the members of the Court. At J o'clock Capt. W. II. Day, counsel for Caldwell and Pearson, appeared in tho tiliee of the Clerk ot the Court, Col. Thus. ii. Kenan, and asked for a writof execution. A writ was immediately issutd to put Messr Cald wt ll and Pearson in possession or the ofliec. The order was immediately pdaced in the hands of bhtsriit Jones for ex ecution. Before tho writ could be executed Mr. li. O. lijrton and ex Judtre Spier Vhitaker, counsellor the Wilsons, obtained from Clerk lliddick, of the United States Circuit Court, a writ of error aud suptrcedeas, which car ries tru ease to the Sapreme Court oi me L nut a otaies on apptai. xne writ of error was sanctioned by Chiet . ustice i aircloth, ana in this way it was secured. No other Justice of the Supreme Court could have issued a writ of er ror and thereby remove tho case to the Supreme Court of the United States. The Chief Justice alone has that prerogative. A bond of Jfl.Oui) was required to carry tho caso on appeal to the United States Court.' This the "Messrs. Wilson caVe, Col. J.S.Carr, II. C. Brown and two of Mai. Wil son's sons going on as bondsmen. (.'Alderell auil fmriun la I'ohscrsIoo. It was nearly midnight betore an entrance to the Hail road Commission office was effected and then only bj having a locksmith pick the locks. Messrs. CaKUell and Pearson art now in possession of the cilice. Jl'DUK IiOUGLASS' OriXION In the course of his decision Judge Djuglass cites a great number of authoritks. The objections urged against the law under which the Governor acted are each taken up and discussed at letgth. Touching the Federal question, the opinion says: We aro entirelv unable to see anv Federal question whatever in volvtd in this action. The office ot Uilroad Commissioner, from which the defendant has been suspended ia an office exiting solely under the constitution anl laws of this Stat And rHttil to administer the Kail road Commission act. 'It has uj recognition in the law of the United States, does not in terfere with inter-State commerce and ia conf er ned solelv in domestic ffa.ira and internal trade. The de fr,.int was not deprived of due nrocess cf law. lie was cittd to ap rear and answer certain charges, and rru he did aDDear ana niea answer written notice of the Governor,1 which was admittedly received and acted upon by the defendant, was in effect a citation, and under the cir cumstances had all the force cf a summons. The only object of a summons is to bring the defendant into court by giving him legal no tice, and if ho voluntarily appears, without limiting his appearance, he is held to waive a summons, and is as completely in coait as if it had been served. The court or any thr tribunal having jurisdiction of ,ibi-.rt matttr. has thereafter complete jurisdiction of the per son. In the case at bar there can be no question of the right of the Gov ernor to appoint the plaintiff if a va- Wallv existed, roster vs. J If U. S. 201. 204. The only question really at issue is .a.i.tv of the removal of the fendant, and ia this view the State nf N'orth Carolina is the real party intrets. as it is her act, through v,. -nif Tcutive. of which the de f.nt pomDlains. The State has surely as much interest in having hr laws properly administered by cflicers of her choice in overy , nrifi.M for their duties, as the eeneial government can have in the collection of its taxes. And we can see no reason why the action of mo nnvf rnor in suspenamg mo ut fendant from office in strict accord with thfl nrovisiona of a statnte v,;H w hold to be constitutional .,-,iitj s mnch 'due process of 13 iiu n u"; lw' as was the sale of real estate r i iu a vim nt of distress, so ,!.. in Murray vs. Hoboken, supra it-a th same authority we fee in.tifipfi in holding that the ao tion of the chief executive of this ..Ft.ink an officer of higher ut,T rank and greater diguity i - ,nava ertlifitor of the Treas LllAU v ury, is equally conclusive upon matter committed to his determina tion by the constitntion and lava of Jhis State. It is at least of equal ignity with a tax tale certificate. whose titles are held to be evidence prima facie as to all and conclusive s to many of the facts therein si eged. De Freville vs. Smalls, 93 U. . 517, 324. ' The defendant has cot been enied access to the courts. In act he did not attempt to ap peal from the action of the Gov ernor nor seek the aid of the courts, but forcibly retained posses sion of an office from which he had been rightfully suspended, and forced he plaintiff to seek redress in this tction. The Governor in his noti- cation of suspension to the defend ant distinctly recognized tbe right of the defendant to have its lec&htv tested in the courts, and made no at tempt to dispossess him. The plain tiff has sought possession onlv bv be law of the land, as shown by the bringing of this action.' Ihe defendant may well be deemed to have waived his right to a trial by jury, and .1 such right how ever had, by accepting office ncder a statute which expressly provided that he might be suspended by the Gov- rnor without reference to a jury. 'We see no error in the trial of the iction in the court below, and we af- rm its judgment after a full hearing of the defendant's appeal. Ihe defendant herein was not suspended by the Governor asa pun- shment for any crimp, but simply with a legal disqualification. The object of his suspension pending a egislative determination was to pre vent the danger and scandal of hav ng important e Hicial duties perform- -d by one legally disqualified. The tul road Commission was constitu ted by the Legislature in obedience to a strong popular demand, and the people have a right to require hat the men charged with the grave duty of deciding between them and the great transportation companies, which practically control the com merce of the country, should be abso lutely free from slightest suspicion of interest or bias. Such a require ment is based upon the highest prin ciple of public policy, and is no more unreasonable than tosay that a clerk or sherm must give Pond tor the aithful performanca of his' duties, that n executor or trustee cannot buy at his own sale, and that a judge shall not sit in his own case. The court very properly, the opin ion goes on to say, refused to allow any issues to be submitted to the ju ry. "There are no disputed facts be fore the jury. It is not denied that the Governor notified the defendant to appear and answer; that the de fendant did so Appear and answer; that the Governor subsequently sus pended the defendant, giving him written notice of said action and ap pointing the relator; that the relator only quahhed, demanded possession of the cflioe, was refused by the de fendant, and brought suit. "I here was absolutely nothing to go to the jury unless the court went oebind the action of the Governor, which we think could not be reviewed by the court. The suspension by the Governor is not a hual determina tion of the defendant's rights which must ultimately be passed on by the Legislature, sitting somewhat in the nature of a court of impeachment. If it should determine that the de- endanthad been suspended without just canse, he would be reinstated, aud be entitled to his full pay from the time of his suspension. The du ty of suspension was imposed upon the Governor from the highest mo- rives of public policy, to prevent the danger to the public interests which of the Railroad Commissioners qual ifications in addition to those pre scribed in the Constitution. We see no merit in this contention, as such provision wa3 not intended, but to secure the faithful and efficient per formance of public duties. aiereover, every presumption- is in favor of the constitutionality of an act of the Legislature, and all rea sonable doubts should be solved in j its favor. ' "Another constitutional objection to the act has been argued with great force, and has received our most careful and serious consideration. That objection is that the act inter feres with the independent tenure of the judiciary so essential to the proper enforcement of the law and the protection o the citi zen. This Commission was com pared to the Criminal courts of the State; and the danger of placing the! lives and liberties of the people in the keeping of jadges whose official tenure might depend upon the nn certain complexion of the legisla ture or the arbitrary will of the Gov ernor, was ably and elcqaently por trayed. Gar conclusion is that the rail road Commission does not stand upon the same footing as the Crimi nal courts, inasmuch as it is an ad ministrative and not a judicial court. W hile it was made by a subsequent statute a court of record, it was clearly the object of the act simply to give authenticity to its records k DELUGE OF POLITICAL BIllltlGSGITE IS Fair- Becoming Disgusting to Ail Decent and Minded Men," Truckers and Planters' Journal. We think the Dtsmocratic press of the State has now gone to the limit in its effort to malign Senator Butler on account of tho state ments attributed to him In his Rocky Mount speech. His denials made through The Caucasian are complete, and every fair-minded man will accept them. We don't believe Senator Butler used the lan guage in the form attributed to him, and we don't believe the Democratic press of the State believes he is capable of sacb language. The attack ia simply a deluge disgusting to all decent people longer neccssanr to dlcu the question of public education In North Carolina," wa oco point made by Mr. Brewer. Thl tjue tion has bwn settled. 'Even the last Legislature, with all Its weighty questions uch a the election of a United State Senator, railroad lease and other great ques tions, did not fall to take care of the State's educational Interests. He criticised the old district tern of conducting the public schools, and believed in the town shin system now in vogue, and that ho hoped every supervisor in the Statowas In full sympathy with tho tor.aship tiystetn. lie related what had bex-n dono In Sampson county under his supervision, and thought this Mtein of rradinz of political billingsgate, which U becoming very I k ln of great benetit to the pub lic Miuwi iQicrt-M oi mat county. bampsoa county had !j white EXTRACTS FROM OUR MAIL SOME EXPRESSIONS OF OPINIONS FROM SUBSCRIBERS TO THE CAUCASIAN. Populiam Growing In Bafort sad Ca barrus Counties Approver the wy The Cancaslan Oeala With Its Adversary Giving the Fesple the Truth Another Affidavit Desires Annexation of Hawaii. Thb Caucasus has received a and proceedings, as it added nothing Marge number of renewals and many to its duties or powers. (...ahI anl hav readers tothe "We are of the opinion that the nn nor Tn th lttpr are alaa words disputed provisions of the act are constitutional, and that the power of suspension rests in the hands of the Governor, which when exercised in an orderly manner, is not reviewa ble by the courts. Whether the ac tion of the Governor is justified by the facts, which he alone could find, is not for U3 to say. That the de fendant has not been deprived of his property without due process of law; that the only property he could have ic the office was that given to him by the statute, which must be construed in all its parts, mission, which is his title of encouragement. The following are some extracts: - Populitta Gaining Strength. Mr. Cahoon, of Bath, says: Pop ulism is losing no strength in this section (Beaufort county ) but gain ing every day. We all endorse every action of Senator Butler." Thursday thecountv surervisorsl tlDS bribes or part of tho teacher's of North Carolina met in tho hall I salary. All tho friction and none of Representatives at the Capitol of tho keneais of tho now law will n this city. The attendance was! resuic 1,1 counties where the schools most gratifying and the proceed-1 arc not Eratled. All of tbo Une- ngsof all the sessions ver nntlulsana none oi tno xriction will only full of interest, but will doubt-1 00010 to tIx0 counties where less be or uncalculable value to thetcuoul! aro properiy graaeu. supervisors In their work. The The success of the new law ollowing supervisors were nres- Penas uPn the supervisor. ent: I supervisors must try to Tho meetincr waa pnllfHl tn nrrtor I public opinion behind tho pears to us with the fateful words of the creative act written across its face by the hand of the law. -Whatever right to a trial by jury he might otherwise have had, was waived by Approves the Caucasian's Stand. Matjd, N. C, Dec. 21, 1897. If the signs of the times is a crite rion to be governed by, I would not hesitate to predict that both of the His com- old parties will be defeated in my deed, ap- county (Randolph,) in the next elec- his acceptance of the office the conditions cf the statute, at least so fr as the action of the Gov ernor was concerned. In the court below, as all the material facts that could there ba inquired into were practically admitted, there was nothing left but the bare question of law, and upon those questions we see no error in the ruling of the court. The judgment must there fore be affirmed, but in view of the public interests involved, we deem it proper, not to remand the case, but to enter final judgment in this court. This action is taken on motion of counsel made without ob jection in open court upon the hear ing of. the case, and under authority of section 957 of the Code, as recog nized in Bernhardt vs. Brown, 118 N. C, 700, 710. The judgment will therefore be entered that tho rela tor is entitled to the office of Rail road Commissioner; that the defend ant be ousted therefrom, and that the relator be placed into possession of said craee, together with all its records and other appurtenances thereunto belonging." THE DISSENTING OPINION. In dissenting Chief Justice Fair- cloth concedes the right of the legis lature to abolish any office of its own creation, "in which event the n . A . 1 tion. The people are penectiy dis gusted at the promise of better times while the times are growing worse in every branch of business. I approve of the bold, yet gentlemanly way under vou deal with vour adversaries. Respectfully, T. L. Winslow. 'Will Stick to the Last Ditch-" CoiiURAlNE, N. C.Dec. 28, '97. I cannot keep posted on the issues of the day without The Caucasian Long may it live to give the people the burning truth. Senator Jiutler, you have some friends down here who are going to stand bv you to the last ditch for truth and honesty. Yours for the risrht, L. P. Freeman. Another Affidavit. - Mr. W. H. Price, of WLitakers, sends The Caucasian an affidavit on Senator Butler's Rocky Mount Eoeech with special request to pub lish. It is as'follows: Dec. 17, 1897. Not having been called on before, and wishing to add my testimony to that already produced, I hereby make affidavit that 1 was present when Senator Butler spoke at Rocky Mount, heard his whole speech, and will say that the statement made by the Rocky Mount Argonaut is abso- lutelv false, and I believe a wilful perversion. W. JbL. PRICE. might arise from leaving such great officer goes with the effioe," but says powers ana responsioimies ia m mav ivmuoi, uut wo uuuo uvu me bands of men legally disqualified. T leave them in full charge of their office until the next biennial session of the Legislature or pending litiga tion, which might be continued for years, would destroy the very object of the law. As the Governor was, therefore, by the very letter and spir it of the law, required to act and act Dromutlv. necessarily upon his own notion of implied notice in the ac ceptance, but because the legislature has the power to abolish. ' "My conception is that the act of the Governor in suspending the de fendant was not an executive func tion; but simply the ac,t of an agent J. M, Sexton, J. P. Fighting the People's Battles. Snapp, N. C, Dec. 21 1S07. I am sorry I have beon so slow in renewing my subscription. My only plea is hard times and dear money for the farmers, but we mu?t hold THE COUNTY SUPERVISORS. AWEIA ATTENDED MEETING, IXCEL- LEr PAPERS READ AND INTER ESTINGLY DISCUSSED. Dr. Alderman's Talfcon Character aad Cat ture Prof. Brewer of Sampson County Read a Very Strong and Important Pa per Brief Outline of the Work Done. schools and 52 colored school, all of which had been graded as the law directs, and had fcaved Sampson county 2,I00thIs year. Tho sal aries now rango from 3S down to 117. Tho terms of schools for white, ne said, would be Increased three weeks, and the terms of t he colored schools four week:?. All the 137 schools were now running. Nearly everyoody In Hampton county was pleased with the new sys-tem. Grading the schools prevents un principled committeemen from get th v de The get new law, and tho politician witl not throw himself in front of It. A motion was made and passed that Prof. Brewer's paper should be published by the Superintend ent of Public Instruction fjr the benefit and Information of super visors. Afternoon heaalen. The afternoon session was calh-d at 11 o'clock by Rev. II. V. Xorris, supervisor or Wake county. mong tnoso In attendance were D. L. Ellis, of Buncombe : J. D. Eeade, of Catawba ; It. 8. Green, Jr., of Davidson ; Alex Baker, of Gran ville; J. II. Painter, of Jackson; Ira T.Turlington, of Johnston ; E. A.Simpkins, of Lenoir : II. A. Grav. of MtiCklprihtirrr .T Af TlnafTi f I " vr . i , . . . ... . Montgomery ; K M. Cole, of Moore; r.y uairma.n aw:w. M. C.S. Noble, of New Hanover I rof. fetreet Brewer, of .Sampson, A. AV. Coooer. of Onslow : J. R I Kave SOmo remarks as to How lie ' ' n n . I I . : 1. . . i - i -. I gruue-u uia bcuuoi:, au'i iiiucxi inter est was manifested in this subject. Prof. Ellis, of Buncombe, opened the discussion of County Supervis ion. Ho proposed a plan of super vision for country schools briefly thus : 1. To subdivide the school of the county Into three groups, no two of In addition to these there wero a wnicnsnau e in session at the large number of ladies and gentle- ??mume g. J". men Present who arfi Inrprosrori in llou Iuur i"""" ncuuoi, uu;eci Dublic school work- to tuo Proper supervision Single, of Pitt; M. X. Mclver, of Richmond ; W. It. Surles, of Robe son ; E. P. Elliaeton. of Rocklncr- ham ; street Brewer, of Sampson : A. M. Matlcs. of Vance: II. W. Norris, of Wake: J. It. Rodwell, or warren; E. T. Atkinson, of ayne ; James W. Hayes, of Wil son ; N. C. English, of Randolph. THE HEW HEW YORK le-Jet tla f mm Wien ne Me -. ae . X Yoa, Jac. L Nrw Yost today braaretb abroad riff of tb world. lib Kobrrt A. Van Wyrk as lla Major. I At itte city llail n Urg rro rta cre4 early to Witnraa lb lndcti& of a new Mayor. Mayor Strong met. trtnl a few Iat matter of routine. Nearly all tee old neaober of Mayor strong i ao net cropped la to eaj foou iy. t lorai piecea were strew in every direction. Urr, ia yellow ted tiack immortelle, reattvf oa t bed of roees, n one of the moat bo tiCtaMf decorations. At 10 micotet to It oVlork Mr. Van WjcV entered the effi-e. lie ta rreetrtl by Major a S!roec,1eaoa and Wnrater. Ihe four men chatted anase time, an J the bf crowd of ofilce LoUrra and rs-ortic-Loldr naidr a a circle around tbrm. AbMt 1 mirute before li Major Strong said : Mr. Van Wjck.the people of this new city, made op of fire t-orocrb and 3 5)(aj people, bate decided that you should be tbe firat Major, and deecend from jour'positon at Judge to a mo me tbe position cf Magistrate. -My impression it that this old city. in wiiicn jou ana i bate lived for about NO. n. SIT DOUII Oil FREE PASSES. The Niw BailroU Ccsaifsiessrt Dtclict to Acctpt Ftsm--BitolBlioa Puitd U En forct Pts<ifi far Oititg cf F1BST U0VE FOR BEEUCTIO!. r irtt 4 rMMiw - - - re4 Varf MreeafWe rr.U tfc ' WUlk Jertr rMi CraUaf aa4 l if..jUtH a l lallwt .! I 4 Im r.... . t Ink l aga 4 mm k.. . - I WMI la Ha tiie aai number of jrarthia old et j of New Yorktbat ia paaslngaaraj will contribute faUKV,, worth of prop ert j to tbe new cit j of b ch joo will be Major; f 2l.iaaijia.j f banking t(Kkt and i.uvV") cf drpoeit. and you will take rbarge ot tbie little borough along with tbe otbera. and jou will alnaje feel, 1 know, tbat it it the bngbfett little Jewel in tbe clutter of Ct. You bare bren chosen to be Major cf one of tL largest cities lr the world. ;l congratulate joa, and welcome jou as Major of Greater New York." Major Van Wjrk.io rrr ly.taii: "The people bate cboeo rae to be ibtir Ma or. I reeeire tbe cfllce from tbrm and to tbrm 1 will ananrr. Tbrn, alter a great shaking of bands, the crrr monj mat completed, and tbe ad mini at rat ion of Major Strong at a thing of tbe pat. A good contingent of Ilrookljnites. accompanied Uird S. Colrr when be took charge of tbe Comptroller's cQce. Mr. Colrr announced several minor ap pointOietits. and got through the rere monj of induction with little ado. Among tho number were Presi dent Alderman, of tho University ; President Mclver, of tho Normal College ; Prof. Gulley, of Wake For est; Lieut. Gov. Reynolds, and vis itors irom tne city. Rev. II. AV. Norris called the meeting to order, and devotional exercises were conducted bv Rev. E. C Glenn, of this city. The election of a presidiner officer resulted in the unanimous choice of the Hon. C. II. Mebane, State Su perintendent of Public Instruction. President Mebane, on taking the chair, thanked the Superintend ents. He appointedj. R. Rodwell, of Warren, Secretary. Mr. Mebane spoke on tho object and importanco of the meeting. On motion of Prof. Ellis, of Run combe, the chair was requested to of tin le gal official Supervisor 2. To require the supervisor to give all his time to the school and 1 1 1 . t r nay umi an annual salary lor liis services. 3. To raise the standard for teach ing and tho salary of teachers to the highest possible limit 4. To require tho Supervisor to be properly qualified by experience, training aud scholarship. T. To qualify and pay School Committees for their work. The subject was further discuss ed by Supervisors A. M. Matlcs, of Vance; A. P. Davis, of Forsyth ; A. W. Cooper, of Onlow ; J. H. Painter, of Jackson ; R. b. Green, Jr., of Da vldson, and othera. Prof, tills moved to appoint a committee of five to take into con sideration the question of uniform examinations and to correspond GOODNIWS FROM DAWSON. Pari Jatl Arrived ' There Dear parts af la peattlee: raaila. Seantr, Wah., lHr 2 Tbe steamer Alkl arrived hre to-day at 1 p. tn., bringing advice from Daw on City up to November 2V. Tbe Alkl's fiate ucr included thirty persons. vino let t Dawson between November tl and November 25. All. without r x cettion, ay there will be no starva lion at Dawon lbi winter or next spring. wtieu inform d of the action being taken by tbe I oiled states govern nieiittosend it a relief expedition. lueyeaid it was unnecessary andun ca:led for. Several thousand men bare gone from lawon to Ki-rt Yukon, where ia an unlimited supply of t ro- viion.. i Loe remaining in Iason have three regular meals every daj, and have enough supplies in sight to last well along into airing. No sick nesa is reported at Dawson, and every Dud mere it in much better circum stances and wcrrjipg less otrr the food situation than their friend on the outtide imagine. 1 be Alkie passengers brought out. it is eatimated, about I1.VMm gold in CUat At d LUggttt. of the legislature with such power n the hands of thosB that are fi?ht. ascent. I can see no reason why Senator n -a a f a 11. J i. I thA VniMtAwt rir Ktora Ann M TIAr O O I . . . . unuing3 oi iaci, we are compeneu io uotioiaij vi m. tried to do more tor tne common hold that such cfhcial action was, wen nave Deen tne agent, wun DeODle than anv other man for his under the circumstances, due process rections, for the causes mentioned age and the time ne nag beeninoffice. of law. Even it it were proper, the in the act, to suspend the Governor Mav his life be precious in thesiarhtof should have an opportunity to re without any hearing f.' T"r5 ti 4 o inm Iff .-f V ..nn 4-K Sworn to and subscribed to before-ganization of tne associati on.Th e with the various County SupervL e- - chair aonointPd on thl, rnmmitt so of the State, with iower to aci Professors Ellis, of Buncombe, No ble, of New Hanover, and Gray, of Mecklenburg. At this point the chairman read an invitation from Governor and Mrs. Russell to a reception at the man sion from 5:30 to 7:30 this after noon. Prof. Ellis then offered the fol- act if results can bo obtained through this measure. D. L. Ellis, K. P. El lington, Street Rrewer, A. P. Davis and N. C.English wero appointed on this committee, Other subjects were ably discuss ed by this body At the night session Dr. Charles D. Mclver, President of the State Normal College of Greensboro, hattlps. Thrflfl e.Vifiera for " - , - m va aaatsa vviiv.av .aw Butler. He has done and owing resolution, wnicn was unan- onened the discussion. "What Su e iL i l mniiGi v nnnTiron i - . , .- . j ,. . , nervisors mav ao to oecure - t-cwii Tii.r.nTTT.T. rri,-j. l, c? : l 1 1 COTTON MILL GOING SOUTH. Itbode Inland Compear to Neva t'art f Its BoalaeM le Teaaeaaee. 1'kovide.ck, li. I Dec 2S. Tbe British Hosiery Company, at Thorn ton, R. I , ia making preparation to move part of Its bueineas Soutb. A plant is to be established at Nashville, lenn.,ar.d a number ot its operatives from Thornton wid soon leave for tbat State, where they will be uaed at instructors to the new and ineiperi- enced Southern colored tmplore Ihe management asserts tbat tbe Southern plant will be ued for cotton good, and that the change it neceeei tated by the present condition of cot ton manufacturing. Ibe concern re cently bad much trouble with its em ployes aud decided upon a lock-out. which was enforced lor a daj, when an agreement was reacbea. m , i m inn , n ,.m,i , KLONDIKE RELIEF TRAINS. I.laut- T nr.lel.1lnn In 1 QO1 Dr. Mclver sahl bonds were is sued for railroads and other im provements and why not for rraetta la charge file Principal Aaalataat Lleat. Byaa WtdBi.xiroJc. D. C January 1. Tte War Department bat placed l.leuten nnrprnor would have no D3wer to di- from his omee until the legislature ,ha Ai a tion to dine at the mansion of thel nm.am,nfa nH wht- nr.r forlant Guy 11. rreatoo, Ninth Ctvalrj, io m. I i , . . . I ' " I - . . . , . . . . . . I MW " J a-va. -w-., . f rect an issue, like a chancellor. stiouia nave an opportunity to re- may he be instrumental in His hands governor or JNortn Carolina tnts Schools? He favored a law making CMre WV.J 1 . i , "Oar decision in the1 case at bar move or restore him, as they might in lifd the burdens that are now evening at 6 o'clock, and hereby I abillty to read a qualiCcation for " 1 ViniSkl reVon CUffett a. ii . : . V. u-fc : nW ohnncu tn tin TOithfiiit snv hAinnorl , i . . . tanHar tlionl-c tn nnirarnnr an1 tfrc I . . . ' I I lie IVIOUUTae region. l.ltUlf 11IUI uoea noi soumoi. wiiu mat in u vuv- j & pressing tne poor to me earm. sutlrage, to taKO enectaiter iwn Preston has been in Washington for vs. Henderson, me staiuie now an- w MOSES STROUP. scuiu luisiwuuiumKiicuuir Superintendent Green otlervd the Mue time. Hit r rincipal asaiatantl der consideration is not retrospective, oo xnereai qaasuoa is tne power on our Doay. following, which was adopted : will be Lieutenant Jamea Kjan, Tenth and djes not interfere with any ves- of the legislature to suspend and re- For the Peepie's Rights. Lnder the head of general dls-l .iTo appoint a legislative com-1 Cavalry, who gathered up tbe pack ted ri?ht. Deine a part ot tne act move a juaiciai omaer irom ms omce in the following letterTHK CAU- cussion, ut. Aiaerman, oi tne uni- mttt, nf v consisting of Hon. C. trains at rortt natnaaie ana Koom originally creating the office ot Rail- and tans forfeit his property with- casian withholds the name and versify, was Invited to address the j Jiebane, President C. D. Mcl vtr, 1 8on- The animalt already at Vancou rnA f!nTr.missinnr. it nrpseribes a out erivine him a trial.'' nnstnffiftA nf thn writer: meetinsr. Gnintnnnr.tvnMa v it Fn,. under organization are to be rein- tvu v ..wwkw. v. j - - g- - a w , a I tT w w " I .. . I UU lra IlllLHUVUt. waiv " e O rule of property in said efiiee, and Judge airciotn tuen goes on to j am deeply interested in the iie saia that tne best way to cs-liisn tt a Grev. provided that any tt. Triinea tne fxteni or interest, aua mo aui uuwljuiuiwuoi moErress oi ihe i;aucasian to me wuusu m iub wiuusui THE LOUISBVRG DISPENSARY. nds of a comma- snnprvfsor Khall have the nrlvileee i tenure therein 'prospectively.' The and against public policy; that tne extent of the snccess of the reforms nity the great .importance of public to submit suggestions as to what Uiate. defendant, taking under the act, commissioners nave Deen aeprivea tt advocates. Long live its editor- scnooi eaucauon .was a gooa scnooi ne conceives to be needed reforms it hat been dtflmtely decided not to holds subject to the act and relying oi tneir property wunoui uue pro- in.enxe (me Hon. Marion UatlerJ in inai community m cnarge oi a and chances in our school law." burden tbe expedition with wagont, upon his contract is oouna dt u us wss w w w jmi u!c. iana nis cc-iacorers on ine paper, ucwttru, aucuiouu uuuuug icav-- Mr. Ellis Introduced tne ioiiow provisions. One of its express pro- "ine aerenaant specincany ue- g0d's richest blessings rest upon er. ine teacner is ana ougnt to Dei lnc visions was the reserved ngnt or tne nies escu material aueganou. ucu nimf wno is so nobly ngttting tor prepareu 10 leacu. iney are ueiug -ResolveD. That the Supervisors egislature to remove, and the pow- brought Deiore tne aapenor court tne people's rights m the U.S. Sen- prepared, and are preparing tnem-1 respectfully ask Prof. P. P. Claxton uuuer me luria ui. a iri, mo uc- ate , and tne Hons. nai vv . Ayer and &ei e. xi you warn, pow er you musi i to formulate and publish at h.s fendant demanded to hear the prooi Dr, Cyrus Thompson in out beloved prepare for it. Tne poorest teacher ipisur throueh the Journal of Dd State, is our, prayer. I am located is the one who loclcs the door onel ucation, the outline of the course of in a partisan den, and have to move evening and does not think about stnd v discussed for the benefit of ca itionsiy to avoid maKing enemies, i mc stuuw mi iu ue murumg, the de forced by seventj-five more, all aelected mulct from tbe Kocky jiountain couo extreme rigora of cli pr and dutv of the Governor to sus ?end nnder a given state ot tacts. This power of suspension, together with tbe necessary method oi us en- brcement, was asscenled to by tne defendant. "In Ewart vs. Jones, 11G2S.C ,oU, which was an action in the nature of Ma of the matters alleged, to confront his accusers, to cross-examine, to introduce his own evidence, and to have the issues determined by a jury of his peers. These requests were all refused by the court and a uao warranto, this court, in seat- judgment was pronounced declaring in ir the relator, held that nnder our mat aeienaaui n&a oeeii uuiy sus- present Constitution tne ijegisiature peuueu xruiu uisiiujb, auu viucnug had the power in establishing the of- his ouster therefrom. This court is .. of indira of the criminal eourMo now appaalai to to affirm . i- a! ..4 Iks 1 i a. e a. a e prescrioe its powers, junsaiciion uu u juugiucui auu ajwo mo f'u- . iaBia uut ui iweutjr vi methods of appointment, of removal ceduro below in this case. intelligent men that I kn and to elect the incumbent. (Chief Justice Faircloth delivered this opin ion.) If the Legislature can thus filept a indare of the criminal court and tiovide for the manner of his removal, whv can it not also elect a Railroad Commissioner, and in tne 'I think the plaintiffs contention is injurious, subversive and contrary to the oreranic law of our system of government, and that it is unreason able and unjust, and that the de- A .C . cisions or any court in any otate, disregarding those principles, must Deairea Annexation of Hawaii. JacksoS, N C, Dec. 27,'97. I have great respect for your wis dom and patriotism. I sincerely hope you will vote for the annexa tion of the Hawaiian Islands. They should belong to the United States. all of the knew are of the same opinion. May God pros per you and yours is my prayer. Yours truly, W. "W . Publics. Professional preparation is nec essary, .books can be nad in this day and time for mere songs. The Superintendent of Public Instruc- Monlba Xet Trent M,ews tji.coo ba IlVld. News aiidObaeiVtr. I.ocisBcao. X.C . Dec 23. The Lou- Uburgdiapensary bat now been inrx iateoce six month. It bat taken tbe place of tix bar-rooms in tbe town. Da our schools." Adopted. Supervisor Ellis, of th Commit tee on Organization. offered the rt-l ringlhe jear from July 1,-iboae aix rtort for his committee. " bars would have paid to the town.coun- Tfc officers of the Association of J d tbe sum iw in license tion should nrenare and suggest a C-ic chii v wtuia te tor a iun year. Can't do Without 1U Hcmpheet, N. C, Dac. 24, '97. Eoitob Caucasian: I do not want you to stop The Caucasian for I do not want to miss an issue. I can't o without it. - Jacob Jamcs. nrctv art rARfirve to itself the rieht soon fall under the condemnation to remove and to the Governor the of the legal mind in this country.'' nnxrr nf snsnension! Two higher ua the following day a motion ao-pnciesconld not be found, one pe- was made by Mr. K. O. Barton, . .. .. .,, . i I i t ai je j a : i l c on ar v rnnresenticfir the Will OI in I counsel ior iub UBieuuauia ill mo kill- i j At a 1 .li!il ... Lnmi Hflnrt netanliv tit sotaaidA people, ana me oiuer mo I , J', " I Pops all Bight la Catavba. ecutive ot the state to wnom is com- mo auoocuc mo Mp. John vtr. Rnhinson. of Hickorv. . . ii it. n .i i.i.'a. it.s r itha 'jinn nr tna mtui .rftrpa nn r inni m teu uj me -V aZTaZZ a ' writes the following: Bupreuio cAoutiTo f"" ,"V 'I mi." IT J. i j Ta." I Ii.. Editor Click savs: "Your issue nt nrh. ia iTiRfi T emoinea -to iub uouri uoiu utai iub juukiucui . A . take care that the law's are faithfully of the Court itself placed the relator ?vT 7A7t nf JEt iSiSrnd "J? interesting little talk. executed.' Bat it is urged that the in possession ot the omee at tne i J -' " v a:s. ine proceeaings were intersperewi of If little library of the very best books on the science; art and theory of teaching for every teacher and Su pervisor: they are available and cheap. Character as well as culture is necessary, culture without char acter, you say, 13 dangerous. Like wise character without culture may be dangerous. Moral preparation is eminently necessary. There Is no room in tne scnooi room for any but a good man or woman, pure 'and clean. The idea must dominate the scnooi, there are great natural laws of morality, great natural truths that teach what a lie is, naturally moral truths that are written In the Bi ble because they are truths. Lieutenant Governor Keynoids was then called on, and he made a 1. President, ex officio the Htate Superintendent. 2. A Vice-President, to be elected. 3. A Secretary, appointed by the President. 4. An executive committee of five. aDDointed by the chair. That the association shall meet annual ly in Baleigh. . -Prof. Claxton made a talk on the Journal of Education. Supervisor Kills offered the usual resolution of thanks. Supervisor II. A. Gray, of Meck lenburg, was elected Vice-Presi dent. The Journal of Education was accepted as the official publication of the association. After rising and singing "Amer ica" the association adjourned sine die. for a full The dispensary bat Jut taken tbeir firfct semi-annual inventory and this tbowa tbat for tbe time front July 1 till to-day they bare a net profit, alter the payment of every expense, of over $!.. aod thai amount win De declar ed at dividends for tbe time. This amount will be divided at follows VX tothe public school fond or the couo'y; SCOO to the general county luno, ana 0JU to tbe town treaaury. During the time there baa not been more than one tenth of tbe drunkenneti tbat was here during tbe same period before tbe opentrg of tbe cipentary. Tbe ar rettt for drunkenness ia tbe town will not tbow a larger percentage than this and there baa not been an arrest io tbe dispensary. Tbe system ta working amootbly and it generally aatisfactory. Tbe rew ItailroaJ CteMie'ta tatet for tbe Crat time for UisiBeea Wednes day of last week, al me ta beta bitf prevent, Mr. CaldaMI residing. Tbenrst bust y tl w iaaiota was toaittlowtt tt free paMqteaUea. A rTirtioa UM-e ed riedging tbe? t "Jciealon lm take whatever meaaaree tiut be lawful to enforce art tion of tbe Hallway Ct- miaaioa art prohibiting tbe w paaaea. and also to enforce tbe penattiee prescribed for lla violation. The revolution which wat paeeea UBaoisBOiaaly le as follows: Mbereas, sy section aortbo Kan- road Ccmmiatioa Act. ratified Marrb, wtb, 1(31, It la made unlawful for any railroad to make t git) any undue e areaeonable prefrret.e or advantage to any particular person In ary re spect wbatever.ln aaj Blatter sf trans portation, to tbe prejndieo or disad vantage of any other peraon ia aaj re pect.wbat ever; and. wberea,aaid Act, according to the eon at rod loo of the courts, r obi bile tt collecting or re reiving front any person a greater r Irat cumprnaatton lor any aerviee , rendered in the transporation of a aengvrt ot property than u deavanda or oollecta or recelaea, Ifot any otber person for a like aris onder - atantially similar clrcumauaora and condition and whereat, aald Art pro- bibita any discrimination wbauver be tween iodirtduala. firms, ompanleoor corporations, ia the natter of passen ger or freight aervice. ana commaooe equality as to alt. subject to certain exceptions particularly set forth la sectiwo 1 oi saia Act; aoa ooerea. aald Act baa been judicially interpret ed to prohibit what la knows at -dead heal or "ire pa fees- euniecis to ie exceptions aforesaid. . a a . a ai .m a It is tbereiort) reeoieeo. uti iue Commission will take whatever tseaa- uree may be lawful to enforce the aforesaid troviaione of said Art, ktd to enforce the penaUiea'lberela pre scribed for it a violation. "It is further ordered tbat the der a of aaid board give notice of this reso lution to all railroads .doing business intbit Mate, by trantmitUeg a copy of thia resolution to tbe managing oftlcera of tbe railroads of tbe .Htate," Mr. Robert Mroog, attorney for tbe Westera Union Telegraph Jomj-any. appeared before tbe Curamisaion and I reaented an order, which be reooeated tbe Commisaionora ao alga, giving tbe company additional time in wiith to Cle a reply to tbe anewer of tbe Com mission in tbe case of tbe telegraph companies relative to a reduction of rates, wbicb ia pending In tbe Culled iSUlrt Supreme Court. Mr. htrong aaked an extentlon of time until April, on tbe grouod tbat it would aave tbe company coats. Tbe Comniieaion-ee decided nottoslgn tbeoravr. Mr. Pear son taid it meant a oontint tion of tbe case from January to April and tbat be opposed further delay. In addition to tbe above tuotb rou tine work wa disposed of. Oa tbe second daj'a aeaaion Clerk Fagan wa deposed aa assistant clerk, Mr. A. C Sharp, of Iredell, elected w fill said position. lr. Abbott vtayd a zal oat tbe removal ot Mr. Fagan. Tbe following waa lotroauoea ana adopted by tbe Commlaaioe : "Ordered, teat quarterly rr porr. form ." be amended ao as to enow a detailed atatement of freight and passenger earnings, operating expen ses, excess earnings, and defcieney for each quarter. ordered, further, that a separate detailed report of earnings and ex penses aball be made for each mala and branch line or div'alon. -Ordered. further, tbat Ibis report shall be filed in tbe efflce or tbe Kail road Commission witbin SO daja after tbe close ot each quarter. Effective on and after January I at. From this it will b area that tbe Commitaloo Intends to do two tbinga: 11 ave more frequent and complete re ports from tbe railroads than It fcat heretofore been getting, aod make every Important braocn road or divis ion of aaj stem aUnd for itself. Tbe laat annual atatement it cow being compiled and will aoon be ready for inspection. Three month from - J nor tbe first quart'.: report will be - in. -From tbeae," said Mr. I'earaor, wcaobegio to form some lOea of tbe condition cf tbe varloot road and bow much reduction ia rates. If any. t bey can tt and.", T be Quarterly report mil oe aim aa full and exhaustive, for tbe it covers, at it tbe annual reurtT addition to tbe question that be.. heretofore been aked ia tbe quan. ' report tbe following, touching fre passes, will be aaked: Total number ot.. through 'dead-beai passengers eluding employe); total nu-nUC, t local 'dead-bead" ptaaeng'tsT-t ing emplojet); total zrJt'-' through 'dead-bead passeni ( than emnloveal: total our at cal 'dead-bead' Dtaaenr era ft tba mm vlnTea I fhlt report i to be Blethc to T.otrialat nrA Visa ot PAAdfld its eonsti-1 time the judsrment was filed.. The tutional power in reserving the right J judgment took effect immediately of removal. We think not, where upon being hied, and was not super- the office is of purely legislative ori- seded by the subsequent writ of error. oin .r.d administrative duties. I A motion was also made by coun- "It is alleged that the statute is unconstitutional, because it requires J (Continued on 2d page). discussions of the orltVa tronoKil . . 1 nikAA CjVAlWAIAA The Pops are all right and solid in t, Mfe n,nn-fl nf Simnwn. Catawba county. nru,nH th HiA-nselnn nf th enb- We thank brother Click for his I -Graded Schools in the Town- fTbS Hnd AxnrfiSfiion of Tm Cattcilsiak. ! fihins-" and he read a verv stronjr I f r ri. t-dAT: ltx 2a. 60 cent. botUa&a 5 I J . .r-. m I Z i av .11 A4ncercta Bus. M'ct.J i and important paper, -it is no gnajtawaiwMn..-t4 Evervbody Says bo. Cascareta Candv Cathartic, the riest (fr miiw ... . m " - - - . . i Aiirini nn iri.tn.ava. liver and bowels. cleansing tho entire system, diaj! colds. of tL Ktilroai Cooamn tbe 30 day from the quarter. at d asin moo I TtM raraa V nwllgkte th BVBiAca AcsTiir.Tex., Jan. IX and wife, accompanied I Crittenden, of Miaaoorf after midnight last atr were tendered a rceeptf ot ev-uovernor ng people attended. ed the state r II gr .tw L Mr. in a' W- by- A witbii ot r-D r. J. r.rj rr,el Br t d toaaf at ' . a A m - tAsvAAiiil. Ka S.a. .rt maar aaj atatement on tra mxhu :: rjBtil tm eeaehed I.temlar. if. t . .. , tt cv. .k ..I amua nil u duuuc sue rmm aw jll.llUI U. OLW.IIUH was - - . . . ..if killed on a streetcar in west Wioatoo . "f. """"'"FZlTZ .VS.- but week by J. w. Oarrion, a sale- - man in a shoe store. The ball entered I P??1! tbe left eye and came oat back of tbe bead. Stockton aid not utter a wora after tbe pistol fired. Ilarriaoo ur- rendered tothe ofSeera. lie claims that tbe tbot wat fired in self-defence, aod tbat Stockton, who wa motorman, at tempted to draw bis pistol, when be (Harrison) fired. They were tbe only parties on tbe ear. Mr. Bryan aod the members of hi Krty will aaaiaC Governor Coiaoraom his New-Tear' reception this even ing, and leav to-night forttoakofor. j. t. rner ut. nrjxu wiu stop day or two btfort folag bona. ' tme anrtr emm baton cre, snakes 4 ( 1 . eV 4. i V 'ii a' ' .1 1
The Caucasian (Clinton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 6, 1898, edition 1
1
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