North Carolina Newspapers

3. a- 1 '- : .! t - 4 CAUCASIAN VOL. XVI. RALEIGH, N.O., THUBSD AT, MARCH 31, 1898. 1 JrllfcL iV IP. Di S. SUPREME In the Railroad well and Pears (iOVERNOR RUSSELL'S I. nit vek Tiik C.e asian announced the decision of the I'. S. Supreme nft in tli Itailroad Commission case. Tli Court deride that there was no ror, ami di-missr Hie contempt proceed in; of Hie Wilsons against tLe new MiniJfftiooeTrt. The decision in ai follow : SUPREME COURT OF THE UNITED STATES Jim- V. Wilson I'laiutitf in Krror, I lie Sfat uf North Carolina on the re lation of I.. C. Caldwell I March a Two mot ion were made in thin cae. I lie defendant in error made a motion to iliimiA the writ on the ground of want of Jurisdiction. The plaintiff-in t-rror obtained from thin court a .riile HifaitiHt the relator Caldwell to show line why he should not he punished Hi for a contempt in proceeding upon The judgment of the State court after a writ of error from thi court had heen xllowed and a supersedeas hond duly tiled. The two motion were heard to Kther. The following were the fartn presented upon the morion to dismins: ! Here i net out a tiHtoricxI review id the t ae commencing with the first nt ion of Coventor KimeM toward su ;iending the Wilson's down to and including the linal decision of the .tnte Supreme Coiirt.l .Mr. .fuatice I'kckiiam, after Htating Hit fnot, delivered tlie opinion of the 'oiirt. A consideration of the facts convinces im th fit the motion to di.tiiMs this writ of error for lack ot jurisdiction ought t tie granted. Coder the (statute of l.v.il, creating the ruilroad commission and providing lor the appointment, niHpension and removal of the olllcers of such com mission, the act of the Covernor in npnding the plaintiff1 in error was not a 11 natty. I'.efore there could he any removal, the fact of suspension was to he reported to the next legisla ture by the Covernor, and unless that t(dy removed the officer the effect was to reinstate liim in ollice, and he then liecmne entitled to the salary during Die time of hi suspension. In speaking of the statute and the purpose of this particular provision l he Supreme Court of the State said: " The duty of suspension was imposed upon the Coventor from the highest motives of public policy to prevent the danger to the public interests which might arise from leaving such great powers and responsibilities in the hands of men legally disqualified. To leave them in full charge of their ollice 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 liiw. As the Covcmor vas, therefore, by the very letter and, spirit of the law, icquired to act and act promptly, necessarily upon his own finding of fact, we are compelled to hold that such ollicial action was, undertint circumstances, due process of law. Kven if it were proper, the Covernor would have no power to di rect an issue like a chancellor." The highest court of the State has held that this statute was not a viola tion of the constitution of the State; that the hearing before the Covernor was sulli'Ment ; that the ollice was sub stantially an administrative one, al though the commission was designated, by a statute subsequent to that which created it, a court of record; that the ollicer taking ollice under the statute was bound to take it on the terms pro vided for therein ; that he was lawfully Mispended from ollice; and that he was not entitled to a trial by jury upon the hearing of this case in the trial court. Asa result the court held that the defendant had not been deprived of his property without due process of law, nor had he been denied the equal protection of the laws. The controversy relates exclusively to the title to a State ollioe.created by a statute of the State, and to the rights of one who was elected to the ollice so created. Those rights are to be meas ured by the statute and by the consti tution of the State, excepting In so far as they may be protected by any provision of the Federal Constitution. Authorities are not required to sup port the proposition that in the con sideration of the constitution or laws of a Staie this court follows the construct ion given to those instruments by the highest court of the State. The excep tions to this rule do not embrace the case now before us. We are, t herefore, concluded by the decision of the Su preme Court of North Carolina as to the proper construction of the statute itseir, and that as constructed it does not violate the constitution ot the State. The only question for us to review is whether the State, through the action of its governor and judiciary, has de prived the plaintiff in error of his property without due process of law, or denied to him the equal protection of the laws. We are of opinion the plaintiff in error was not deprived of any right guaranteed to him by the Federal Con stitution, by reason of the proceedings before the governor under the statute above mentioned, and resulting in h'u suspension from ofll.e. The procedure was in accordance with the constitution and laws of the State. It was taken under a valid statute creating a State oflice in a con stitutional manner, as the State court has held. What kind and how much of a hearing the officer should have be fore suspension by the governor wa9 a matter for the State legislature to de termine, having regard to the con stitution ,,f the Stir. The prcedure irjvided by a valid State law for the purpose of changing the Incumbent of mam Ollice will not in ceners.1 in. voive any nueatinn for review hv this court. A law of that kind does but priv!de',for the carrying out and en forcement of the policy of a State with reference to its political and internal administration, and a decision of the urate court In regard to its construction and validity will generally be con- elusive here. The facts would have to b most rare and exceptional which would give rise in a case of this nature trial.' I . t t to a Federal question. V Upon this subject it was said, in the itase of Allen y. (leorgiu, (16G U. S. K1S,) M follows: "To justify any interfer ence upon our part it is necessary to )bow tbat the course oursued has de prived, or will deprive, the plaintiff in irrorof his life, liberty or property fitbout due process of law. Without ttempting to define exactly in what e process or law consists, it is sum Jient to Bar tbat. if the SunremM Court (of a State had acted in consonance with ine constitutional laws of a State and ts own procedure, it could only be in rcry exceptional circumstances tbat COURT DECISION )mmission Case of Cald . vs. the Two Wilsons. ACTION SUSTAINED. In error to tLe Supreme Coort of the State of North Carolina. l, iv.ts. this c'jurt would feel justified in ray ing that there had been a failure of due legal process. We might ourselves haye pursued a different course in this case, but this in not the test. The plain tiff in error must have been deprived of one of thoe fundamental rights, the observance of which is indispensable to the liberty of the citizen, to justify our interference." This statement is quoted with appro val in llotfi v. Elliott AW,1 l S. 1(H), at m, Mo such fundamental rights were in volved in the proceedings before the Covernor. In its internal administra tion the State (so far as concerns the Federal Coverllment. has entire free dom of choice as to the creation of an ollice for purely State purposes, and of the terms upon which it shall be held by the person filling the ollice. And in such matters the decision of the State court, that the procedure by which an ollicer has been suspended or removed from ollice was regular and was under a constitutional and valid statute, must generally he conclusive in this court. In Kennurd v. l.on ixn in , (!)2 U. S. ISO,) the proceeding under which the title to the office of Justice of the su preme Court of the State was tried, was held not to violate the Fourteenth Amendment of the Constitution of the United States. The court said the of- fleer had an opportunity to be heard before he was condemned. There was no intimation in that case that a hear ing such as we had here would be suf ficient or that the ollicer would be en titled to be "confronted with his accus ers and to cross-examine. the witness es," and to have a jury trial. In Foster v. Kanta, (112 U. S. 201,) the Kennurd rune was approved. Neither case gives any support to the claim that such a hearing as was given in this case would be insuflicient under the Four teenth Amendment. Nothing in that amendment was in tended to secure a jury trial in a case of this nature. The demand made by the plaintiff in error for such a trial in the court below must have been made for the purpose of submitting to the jury the question of the truth of the allegations set up in the answer regarding the proceed ings before the Covernor, and to claim that if the jury found them to be true, he was not legally suspended. But the motion for judgment on the pleadings was equivalent to a demurrer to the answer for insufficiency, and was, therefore, an admission of all the facts well pleaded. The question then be came one of law for the court to decide, and in granting the motion the court did decide that no defense was set forth in the answer. In a case like this, such a decision of the State court is conclusive. The mere refusal of a j ury trial, i n and of itself and separated from all other matters, raises no Fed eral question. ( Walker v. Sunrinet, 92 U. S. 90). In the proceeding for trying the title to ollice in the case of Kennard v. I.ou itiaiiu, (92 U.S. M')'),tbe statute pro vided for a hearing without a jury, and this court held it was not objectionable for that reason. I -non the case made by the plaintiff in error, the Federal question which he attempts to raise is so unfounded in substance that we are justified in say ing that it does not really exist; that there is no fair color for claiming that his rights under the Federal Constitu tion have been violated, either by de priving him of bis property without due process of law or by denying him the equal protection of the laws. In I land,! in V. Western Land Company (147 U.S. 531), it was stated that "a real, and not a licticiou, Federal ques tion is essential to the jurisdiction of this court over the judgments of State courts. (Millinqar V. Uarlnuee, 6 Wall. 258: Sew Orleans V. Sew Orleans Water Work Co., 142 U. S. 79, 87). in tne lat ter case itwas said thai the bare aver- cases sufficient. It must not ba wholly without foundation. There must be at least color of ground for such averment, otherwise a Federal question might be set set up in almost any case, and the jurisdiction of this court invoked sim ply for the purposes oi aeiay We think this case falls within the principle thus stated. Although an office has been held in North Carolina to be generally and in a certain restricted sense the property of the incumbent, yetin this case the Supreme Court held that tne incumbent, in tak in? the office, holds it subject to the act creating it, which binds him by al- its provisions, all of which were held to be valid. We should be very re luctant to decide that we had jurisdict ion in 6iicb a case, and thus in an act ion of this nature to supervise and re- view tne political aumiusixawou ui a State eovernment by its own officials and through its own courts. The juris diction of this court would only exist in case there bad been, by reason of the statute and the proceedings under it, such a plain andjsubstantial departure from the fundamental principles upon which our government is based that it could with truth rnd propriety be said that if the judgement were suffered to remain, the party aggrieved would ba deprived of bis life, liberty or property in violation of the provision of tbe Federal Constitution. We are of opinion that tbe facts here in present no such case, and that tbe I Jurisdiction of this court does not ex- tend to the case as made in the record now before us. For these reasons tbe motion of the defendant in error to dismiss this writ should be granted, and the writ is ac- . " ' coroingiy jsigmiKseu. The court in a brief supplementary decision decided that Pearson and cald well were not euilty of contempt in taking possession of the Railrod Com mission oflice. The decision closes as follows: "We see no evidence of any intention I al contempt on the part of relator, and - our conclusion is tnat tne rule must be Jhscnarged. In No. W)(S.Otho Whon, Plaintiff in Error, V. The State of North Carolina Ac.) the same questions are involved and tbe same orders are made.' RISING RIVERS In Ohio an. I Indiana ( iiuvil I. real ! Irurtion U lroer1 and Many 1 1 .- leM. Whklin,,, W. Va , March 23. There is an unprecedented rise in the Ohio river, which has sent thou sands of families in this city and vi cinity oat of their homes and caused great damage to the factories and other property. Railroads running oat of theeity are under water, and street traffic is suspended. This evening the water is rising at the rate of four inches an hour. Cixcinxatti, Ohio, March 23. The Ohio river and its tributaries have risen to danger point here, and from places on the banks come reports of great damage and death. Railroads have heen the greatest sufferers, traffic being partly sus pended. Three thousand ara homeless at Zanesville and many are missing and believed to have been drown. d. A number have been drowned at other towns, also, it has been ascertained. Colcsiisus, Ohio, March 23. The Scioto river, has overflowed the banks breaking through the big levees erected for the protection of the western part of the city, inun dated that part of the town and al ready caused an estimated loss of $1,000,000. Five hundred families here are made homel sj and destitute. Only three lives are so far reported lost, though it is feared that when the worst is known more will be added. I'ittnuurg, Pa., March 23. The three great rivers Monongahcla, Al legahany, and Ohio, are now in a flooded condition and there is every indication that tne loss to coal operators, manufacturers and prop erty holders in general, will eclipse that of the freshet of 1804 Already the river coal interests have suffered losses aggregating $750,000 while the manufacturing interests are so severely crippled that great loss and inconvenience must follow. Reports received from the towns on each side of the three great valleys snow great damage to property on the lowlands, and with the water still rismgs, grave fears are enter tained ot even heavier losses. Outlook for a (r-at 1 lood in tli Ol.io. Cincinnati, Ohio. March 20. To night the outlook for a great Hood in the Ohio River is, almost dis heartening. The total absence of de linite news of the terrible extent of cloudbursts in the interior of Ohio and Indiana demoralized all fore casts. River men, who habitually under-estimate great floods, set the maximum of the present one at fifty-one feet. None were more sur prised than they when the river, at noon to-day, passed the fifty-five-foot mark here, ten feet above the danger line, and rising rapidly. What with the appearance of light rain this afternoon transformed to night into a heavy rain, they are filled with apprehension of a flood record above the disastrous one of 1884. All depend upon the extent and severity of this rainstorm now coming from the southwest. The river is rising at the rate of a foot every ten hours. Many towns in Ohio and Indiana report conditions worse than those of 1881. SOUND MONEY LEAGUE. Secretary K. V. Smallev Ieolare in Ills Keport the Opinion That ' the Silver Movement Will Not lie Able to Hold Together at Another National Klectitm the Great Vote That it Cast for llryan in the Kleetion of 1800. Chicago, March 23. The first an nual meeting of the Vice President National Sound Money League, founded a year ago to uphold the gold standard, was held to-day at the headquarters, in the Monadnock Building. The purpose of the meet ing was the election of the Executive Committee, and oftieers, as well as a general interchange of opinions on campaign work during tbe current year. Ex-oecretary J. Sterling Moiton, of Nebraska, ''presided, with E. V. Smallev as Secretary. Mr. Morton was elected Presicent. E. V. Smalley, General Secretary. read his annual report, in which he reviewed the work of the League in combating the free silver movement and disseminating information on the currency and public finances. The report mentioned the publications of the League, and referring to the cur rency reform movement, said: "Reports from all parts of the country are encouraging. They show that while the silver movement is still active, it will not be able to hold together at another national election the great vote that it cast at the elec tion cf 1896. In the opinion of your Secretary, the work cf the League should be continued without relaxa tion, and suouid be pusaed witn in creased activity and kept upon a non partisan basis, as heretofore." The adoption of the General beere tary's report was followed by a dis cnssion as to the best means of dif fusing information on the currency question. President McKinley Invitetl to Charlotte Senator Pritchard, of North Caro lina. on behalf of the people of his State, has iavited President McKin ley to attend the celebration of the Mecklenburg Declaration of Inde pendence at Charlotte, N. C, May 20th. This is to be a great occasion in North Carolina. The people of that State claim that the Mecklen burg Declaration of Independence, made May 20, 1776. was the model for the 4th of July Declaration. A monument to the signers of the Mecklenburg Declaration is to be un veiled. President McKinley has promised to give the invitation con sideration. with the hope that he may be able to attend. v P. S President McKinley has no tified Senator Pritchard that he will be unable to attend. If the hair is falling out and turn' need stimulating and color-food and me oesi remeuy auu euuiuiaui. Hairs Hair Kenewer. CURREIIT EYEHTS OF THE DAY. Epitome of the Telegraph Newi of the World and Terie TICKS FROM THE WIRES- An Inlrt-UoK Collection of I Uut In Cuodfowd and CoMBrhMl form nil Matter of (General latere! to Header. torn all-pox is still spreading in Kast lennessee. I ire new cases hare de veloped at Knoxrille and there are many in the smaller towns. Twenty-Oild Live Lnt. A wrecking train on the Pennsyl vania Railroad, near Columbus, Ind., went through a bridge last week with thirty men aboard. About a half-dozan were rescued. The rest were drowned. Walton De-Hiiie. lion. Thomas E. Watson, who was nominated for Governor by the Pop ulists, is out in an open lettei declin ing to accept the honor. After say ing that he could not be elected, no matter how the ballots went, he an nounced that he is out of politics for good. .Strung up for an IiifauioiiM Crime. Moutrii, Ga., March '23. James Allen, a negro, was taken from the Sheriff here this afternoon by a mob and his body riddled with bullets and sunk in Okapilo creek, in the dense swamps. The negro had at tempted to assault the wife of Pro fessor Iogalls. She successfully re sisted him and fired six shots at him. When captured he admitted the crime. Sunk Failure. 1 Philadelphia., March 23. The Peoples' Bank closed to-day. Clay Kemble, assistant cashier of the Guarantors Company, was appointed receiver. This is believed to be a connection between the failure of the Guarantors Company and the Peo ple's Bank, but nothing can be con firmed. Cashier Hopkins, who died yesterday is believed to-day to have suicided. He ran the bank. Train Robber,' Bi Haul. 'One of the most expert cases of robbery in California occurred last wpfk nn th Srtnthflm Puffin Ro I. vr,i navr- fjrtehn in it, hooef f th s.n Jrt;n Vniin man 4a WVMXaMAU ' V. W Ui W U I sioppeu me normoouna lijs An- js given by Governor Larabee. The geles express, blew np the express corporations have exercised their pow safe, and obtained $30,000 in era over the House, or at least over the treasure as well as considerable money from the registered mail. Having secured the cash and taken the registersd mail the robbers made off for the mountains. Wreck of the Maine to be Itlown I'p. ine JNavy Department nas ar ranged for the practical withdrawal of all its naval officers from Havana, and the abandonment of the wreck of the ill-fated battleship Maine. It is more than likely that the Navy l)e artment will arrange for its com plete destruction by the use of dyna mite or torpedoes. In its present condition it is a dangerous obstruc tion to navigation, and it is not be lieved any opposition will be offered to its removal. Miners From Dawson. Vancouver, B. C., March 26. The steamer Paksban, wbich has arrived from Skaguay, Alaska, had among her passengers tour men direct from Daw son City. They report a stampede for tbe American side below American Creek. This section, they claim, will beat The Klondyke. It is stated that at a very conservative estimate at least twenty tons of gold will be brought out in June, wnen navigation opens. MUNICIPAL SCANDAL. Philadelphia Councllnien Confess to Ac- cepting Bribes. Philadelphia, March 23. What promises to develop into the ugliest nnlitio.n.1 c a n rl a 1 avar in fl ! n for? nnnn this city was revealed in court here to-day, when one member of the council confessed the acceptance of a bribe; another was accused of a like offence, and two others were charged with offering bribes. The whole affair grows out of the ordinance offered in the council to lease the city water-works to the Schuylkill Valley Water Company,! alleged attempt by Nelson G. Green, of New lork, representing the com pany, to obtain a favorable report irom the water company by the pay ment of between $15,000 and $25,000. FUSION COMPLETE IN OREGON. Populist Are Given Head of the Ticket and Nominate W. K. King. Portland, Ore., Mar. 26. The joint conference committees ap pointed yesterday by the Democrats, Populists, and silver Kepublican conventions on the distribution of State officers, reportel today. The Populist, are given the Governor, Attorney General, State Printer, and Superintendent of Public In struction; the Democrats get the State Treasurer, Justice of the Supreme Court, and the Congress man from the First district, while the silver Republicans get the Con gressman from the Second district and the Secretary of the State, v . E. King, of Baker County, was named for Governor on the fifth ballot by the Populists convention King is at present State Senator from Baker County. Ho For the Klondike. Parties expecting to go to Klondike will find it to their interest to commu nicate with the undersigned, rates to Wrangei, J uneau, JJyea, or saaguay and Sitka furnished on application, al so sailing days of Steamer Lines from San Francisco, Portland, Tacoma and Seattle. We can furnish you with through tickets to Alaska joints. 1. . KEHL1KDIB, . , Trav'ng Pass. Agt. 103. Red House, Chattanooga, Tenn. Kvenrbody Says So. Cascarets Candy Cathartic, the moat wca di r'ul medical discovery of tbe acre. plee ant and refreshing to the taste, act eently and positively on kidneys, liver and bowels, cleansing the entire system, dispel colds, EV&Stt i ofCC. C. to-day; 10, 2a, do cents, eoiaana i guaranteed to cure ny au aruggisw FIGHTING POPULISTS. The People' P&rtj CoDgreismen are Battling Noblj for the llatset. THE POSTAL ROBBERY- Mhaa an 1m tUe lluuw - Thr ( wl of Mall Cr -The jom to Ike (. rramrul la Ttlf Inn, CO.ftOa.WtM.- Kroolutlaa to Ami! '! it ut Ion to Prrtnil lr in I uroiu Tux -Other lntrr-t Ing Matter. Special to Tat C'accasian. Washjxutox, D.C., March 2. Ki California has in ita Congressional del egation two staunch, true and active Populists who are makinr a rood rec ord in the liouse. lion. C. A. Barlow, of that State, has introduced a joiot resolution to amend the Constitution of the United States in order to per mit the levjing of an income tax. The amendmet is as follows : Add at the close of the first clause of section 8, artic'.e 1, after the words uL'nited States," the following: "But nothing in this clause, or in this Constitution, shall he so construed or interpreted as to destroy or bridge in any way tne rignt of Congress, whenever in its discretion it mar h deemed necessary for the public good, ... to levy a tax on incomes in excess of $2,000 per annum, and Congress is ex pressly empowered to levy such a tax, fixing either a common rate for all or a graded scale, according to the amount of income, as in its discretion may seem best for the welfare of the nation." Hon. C. II. Castle, (Pop. Cal.,) is a good, safe debater, well informed, ac curate and aggressive as shown by his speech on the post office appropriation oill. Mr. Uastle took strong ground against the payment by the govern ment of the present excessive and ex orbitant rates to tne railroads for con veying the mails. He showed by fig ures, that could not be disputed, that tbe present rate 3 are entirely too high, and should be greatly reduced. lion. J. K. Kelly, (Top. o. I.) in bis speech on the Postoftice appropriation bill, submitted some facts to the House, showing that the government is rob bed by tne enormously nigh rate paid to railroads for transporting the mails. The following extract from Mr. Kel ly's speech contains some valuable in formation that the people should know : "ow, in all reason, if railway com panies can nam nrst-ciass freight, such as is usually contained in ex- press packages, at less than one-half cent per pounu lor muiviuuais or ior other corporations, why should the government pay 5 cents per pound for - 0 m Q. QOPVlPA V V t i t f 1 1 a. OH C DTAP prevailing party in the House, and tbe gigantic steal is accordingly contin ued, uul even witn tnis disgraceful deal the transaction is not closed. Not only does tbe government pay the enormous sum of over f 23,000 ,000 for the transportation of tbe mails, but in addition to this a rental is given for the use of mail cars of $4,000,000 annually. There are but WI mail cars in tbe service, counting old car?, re serves, and an; allowing tnat rental should be paid for all of them, $i- 000,000 gives an annual rental for eacb car of over $6,100, while tbe total value of such cars, according to tbe highest estimates, is but $4,000 each. "Admitting tbat it costs $400 annu ally to heat and clean such cars, and I do not think it could possibly cost over half tbat sum, we still bave a net an nual rental of $5,710 for each car, while tbe government could build its own cars at any time for $4,000 each. From this it is readily seen tbat had tbe government built its own cars it would bave saved a vast amount or money during the past twenty years. I . am reliably informed tbat the average life of postal cars is twenty years. So had tbe government nunc its own cars twenty years ago, it would have saved at this time (100,000 on each car, allow ing $14,000 for building and repairs of nanh si a a gm A Kittta! n oil riAafal iaa allowing 600 a tbe average in use, of $60,000,000. Is it any wonder tbat the Goulds and Vanderbilts are rich?" Hon. E. R. Ridgely (Pop. Kan.) made a very interesting speech, full of facts and sound argument against the high rate paid for carrying the mails. He contended that, as tbe peo K.V- ' . n, isting gold standard, to work for 40 or 50 per cent less than twenty years ago, tbey should not be compelled to pay tbe same rate to the railroads that was paid twenty years ago. In view of the fact that prices generally are about one-half for farm products Mr. Ridgely rightly contended that conditions should be equalized by re quiring the railroads to receive a less price than was paid twenty years ago. lion. W. u. Vincent, (rop. Kan.) in bis able speech against the Bankruptcy Bui, tbat recently passed tbe House, and is now pending in tbe South, gave a correct presentation or tbe results that will follow tbe enrc'ment of that measure into law with the involuntary feature as it passed the House. He maintained, with force and effective ness. that tbe involuntary feature of the measure would only strengthen the money Tpower and build up trusts and syndicates. A brief extract from Mr. V incent s speech shows tbat he has a correct ap prehension or tbe iniquity ot tbe mea sure, tn roster ing trusts, lie says: "New trusts are being organized every day and it is only a question of time, if things go on as tbey bave been going, wben every business and in dustry in this country will be controll ed by one vast trust. No effort is be ing made by those wbo are sent here to represent tbe people to throttle these great combinations. We sit here meekly as if it were no concern of ours or of our constituents. Gradually tbe few are absorbing all tbe wealth, and by our actions we practically say tbat a man is entitled to all be can get pos session of without getting into the penitentiary." Congressman shutord (rop. JN. tj.) speaking to your correspondent con cerning tbe presentconditions brought about by tne power or corporations ex erted to secure legislation in their fa vor says : very recent event bere bave thor oughly demonstrated tbe wisdom or wnat l nave always oenevea ana aa vocated, that tbe only hope of securing relief for tbe oppressed mil lions in our country is to effect a cor poration of those citizens who agree on tbe paramount questions or tbe day. If such action fails it will be brought about by corporation .organs and at torneys seeking to create discord and division among those who have a com mon interest. This dangerous and per nicious influence, both in and around our legislative halls, is the power that gives legislative privileges to tbe det riment of the masses, and unless there is a great and general awakening ot the people to the imperative necessity of united action against this influence, ther will ho co poMibility of lomMthat to domittt be driven frota our !aialan ti. Hon. Jrrrj SIbmob. !Vtk kta'i wbo. from bit Crtt entranr iro Coa. tiocal reputalioD for hit ability a debater, b jut returned frx Kaa-I IB COOtertatioa TI'h nup e rrpooebt ga ery cratifjing re foe t of tbe r ret at nolittral tioo in Li MaU from tb I'opalut Uodpoirt. lie aajatb party I gala log recruit from tbe silver Kernibli. cans, aod that there is rr fee I harmo ny among the other fort. In Oregon th Iemorrat. PonuiLt. and silver Krrxibliraoa have adr.?wi the sane platform and will mat a co operative Gbt hi war. and air Simpton a)tthat lmilar actico of the reform force will b taken to bU State. f W Mill. CoLJohn .Vie hoW. l T. Bailee, and Col. Shaffer of Raleigh; Mr. lloltuo.of IJIgb l'omt. and State Senator Jeaae A '.ULburn were io tbe city Ut wetk. ine senate Judiciary Committee have reported favorablv amendment to erect Federal prison at lotnc elegible point in North Carolina. STATE NEWS. Mrs. McL?t, of New York. has again contributed a check of 00 to the Uirium Spring! Orphanage. This makes fl.iM.Mt that tnis ladv has eon. tributed to erect this institution. It is expected to eomnleta the branch of the Southern Kailvravsvs , . . . t . . ... . -. - lem oei ween aioclcsTilie and Moores- ville by May lo. One contract, that of L. H. Vaughn A: C., has been completed. At Mooresville Thursday afternoon about 4 o'clock quite a littla cyclone swept over the town, dointr consider able damage. The Methodist school house was lifted from its pillars and set on tbe ground. The house was full of school children, and a few of them were slicht'v iniared. Th colored school house was blown down and badly damaged. A meeting of the building commit tee of the Oxford Omh An IT A was neiu at uurbam last week to I make arrangements for the eaily construction of a dormatory build ing for the girls of the orphanaee. lhe committee will decide upon the plans of the building and complete arrangements for its immediate con struction. As will be remembered. Mr. B. N. Duke very generously .do nated $5,000 to be devoted to the construction of the buildincr. with the condition that a similar and like amount should be raised for the building. There is no doubt that Mr. Duke's donation will be dupli cated and the building assured. Death of Senator McCarthy. A telegram was received here Fri day announcing tbe death of Sena tor W. T. McCarthy wbich occurred at the home of his father in New- bernati) I o'clock Friday morn ire. Senator McCarthy served in the last legislature as the Republican Sena tor from that district, lie was un married and about 27 years f acre. He was a member of tbe Roman Catholic chnrch. The cause of his death was consumption. Mr. Mc Carthy was very popular in Kaleigb. tie had a generous warm disposition and made many friends. Train ltobhers Caught. For some time the Atlantic Coast Line authorities have been troubled about freight trains on tbe main line ef the Wilmington and Weldon road being robbed, says the Greenville Rtfi9Ctor. A detective was put at work on the matter and the result was that an organ! z ad band of rob bers was discovered and several of them captured. They were given a preliminary, hearing at Whitakers and while the trial was in progress one oE them escaped. Four others were bound over to court and have been placed in jail at Tarboro. A Serionn Fire. The prosperous little town cf El- kin experienced a $20,000 fire last week. The fire originated in the postoilice which was consumed. The flames then spread to adjnning buildings but by heroic efforts were subdued. The cotton warehouse of the Elkin Manufacturing Company came near burning several times, as did several other buildings in the same section. It looked for awhile the entire town was doomed. It is the generaly belief tbat the fire was the work of an incendary. Died at the Depot. Tuesday morning just before the west-bound train reached the depot here Horace Davis died on tbe depot platform, tie had been insane for about six months, and his two broth ers had brought him here from his home near Huntsville, xadkin coun- I ty, with the intention of taking him to 31 organ ton. ineywere carrying ar avas him from the wagon to the depot platform when they discovered that he was dying. They laid him down on the platform and h soon after ex pired. He was 55 or 50 years old and was raised near Huntsville. btates ville Mascot. Lit of Storekeeper pointed. and (danger -p- The following appointments of storekeepers and gnagers for the Fi f ih District of North Carolina were announced last week: William D. Jones, J. V. An derson. William B. Getty, Horace W. McAlister, Jas- W. Peiham, Hunter Arnold, David V. Nichols, Thos. W. Lambeth, Miles Parker, William E. Lawrence, George T. Smith, Robert H. Brisker, Elisha D. Stasdford, Leonidas O. Mack, Peter M. Rhine, William J. McDaniel, T. Hamilton Slagle, Joseph G. Walaer, Daniel G. Wagoner, Samuel L. King, William D. Walker, Elihu P. Mendenhall, Edward OvMasten, Wylie P Jones, I xines, boilers, coal bankers aod storage J described in tbe fifth part of there Sidney T. Shore, Chas. H. Tnlburt, compartments are passed io review, trom wnlch the Court dedooee FranKiin a. Banbow, Edmund T. Waktneld, ssamuel U. liudgins, Them.. NT. Hnrv. Alhrt 8 Rrnm James T. Britt, William R. Hudro, t r " 7"m r, .n; tit :, , " o r j " SUCCESSFUL PHYSICIANS. We heartily recommend Dr. Hatha way & Co., of 22 South Broad St. At lanta. Ga.. as being perfectly reliable and remarkably successful in the treat ment of cbronio diseases of men and women. Tbej care where other fail. Our readers if in need of medical help should certainly write these eminent doctors and you will receive a free and expert opinion of your case by return mail without cost; this certainly is the right way to do business. They guarantee their cures. Write them to day. f ' - THE "HUH" REPORT SIEITTEO To Congress With the a onei bummary AN EXTERNAL EXPLOSION t- Ike , Iw. 4 lit Ifce -W4llt, nug .k,,M IIimiW Sw a.r44 IVt. ., .rl - OrTrnHt. WAsaisutu. I. t, MarYaiM I'rrtideit to-day mi t lt folia ai'Msg to Conge : TU ling TothcCoogrvaa of tb t ailed utr: For some time prior to tbe vi.lt ef tbe Main to Havana harbor our roesolar representative pointed out the advan tages to flow from tbe of aatiooal biptotbe Cuban wa'ers, io accus toming tl people to tbe preenceof our flag as tbe sjmbol of good will and oi our ships io tbe fulfillment of tbe mission of protection to Amrriran Io terrst. even though do immediate need therefore might exist. Accordingly, on tbe Sltb of January last, after conference with the hpaeisb Minister, io which renewal of visiUof our war vessels to Spanish waters was discussed and accepted, tbe peninsular authorities at Madrid and Havana were advised of tbe purpose of tbit govern ment to resume friendly natal visits at Cuban ports and that io that view tbe Maine would forthwith call at tbe port of Havana. This announcement was received by tbe Spanish government with appre ciation of tbe friendly character of tbe visit of tbe Maine and with notifica tion of intention to return tbe courtesy by sending Spanish ships to tbe prin cipal ports of the United Mutes. Meanwbile tbe Maine entered tba port of Havana on tbe 2'tth of January, ber arrival being marked with no special incident besides tbe exchange of cus tomary salutes and ceremonial visits. Tbe Maine continued io tbe barbar of Havana during tbe three weeks fol lowing her arrival. No appreciable excitement attended her stay; oo tbe contrary, a feeling ot relief and confi dence followed tbe resumption of tbe long interrupted friendly Intercourse. So uoticeable was this immediate effect of her visit tbat the Consular General strongly urged that the preseoce of our ships in Cuban waters should be kept up by retaining tbe Maine at Havana, or, iu the event of ber recall, by send ing another vessel there to take ber place. Tbe Itlowlag ap of the Malae. At forty minutes past nine io tbe evening of tbe 15th of February the Maine was destroyed by an explosion by which tbe entire forward part of tbe ship was utterly wrecked. In this catastrophe two oflicers and two hun dred and sixty-four of her crew per ished, those who were not killed out right by ber explosion being penned between decks by the tangle of wreck age and drowned by tbe immediate sinking of tbe hull. Prompt assistance was renderded by the neighboring vessels ancbored io tbe harbor, aid being especially given by tbe boats and Spanish cruiser Al pbonso XII., and tbe Ward Line steamer City of Washington which lay not far distant. Tba wounded were generously cared for by tbe au thorities of Havana, tbe hospitals be ing freely opened to them, while the earliest recovered bodies of tbe dead were interred by tbe municipality io a public cemetery io tbe city. Trib utes of grief and sympathy were of fered from all official quarters of the island. Tbe appalling calamity fell upon tbe people of our country with crush ing force, and for a brief time an in tense excitement prevailed wbicb, io a community less just and self controlled than ours, migbt bave led to hasty act or blind resentment. Tbis spirit, bow ever, soon gave way to tbe calmer pro cesses of reason and to tbe resolve to investigate the facts and await mate rial proof before forming a judgment as to tbe cause, tbe responsibility and if tbe facts warranted, tbe remedy due. This course necessarily recommended itself from tbe outset to the Executive, for only iu tbe light of a dispassion ately ascertained certainty could it determine tbe nature aod measure of its full duty io tbe matter. Coort of I as lry Vorsned. Tbe uiual procedure was followed as in ail cases of casualty or disaster to national vessels of any maritime State. A Naval Court of Inquiry was at once organized, composed of officers well qualified by rank and practical experi ence to discbarge tbe enormous duty imposed a poo them. Aided by a strong force of wreckers aod divers, tbe court proceeded to make a tborougb investi gation on the spot, employing every available means for tbe impartial aod exact determination ofthe causes of tbe explosion. Its operations bave been conducted with the utmost deliberatioo and judgment, and while independent ly pursued, no source of ioformatioo was neglected, and the fullest opportu nity was allowed for a simultaoeous io vestigatioo by tbe Spanish autboritiea. Tbe finding of tbe Court of Ioquiry was reached after twenty-three days of continuous labor, oo the 21st of March instant, and having bceo appoved or tbe22od by tbe Commander-in-Cbief or the United states Naval force of tbe North Atlantic Station, was transmit ted to tbe Executive. It it herewith laid before the Con gress, together with the voluminous testimony taken before tbe court. Fladlag of Ceart la Brlsf. Its purport is, io brief, as follows : When tbe Maine arrived at Havana, she was conducted 1 by tbe regular gov- eminent pilot to buoy No. 4.to wbicb he was poored io trom tire and one- ht0 5 ftDTii W!Ur' . The State of disciplioe 00 board and the condition of ber mara- " WB""T ,'eor u" . " .1 I ' any cause for an external explosion ' existed 10 aoy quarter. At 8 o'clock in tbe evening of Febru ary 15, everything bad been reported secure and all was quiet. At forty minutes past 9 o'clock tbe vetsel was suddenly destroyed. There were two distinct explosioo. with a brief interval betweenjtbem. The first lifted the forward partlof tbe sbip very perceptibly;- tbe aecood, . , . . woicn was more oper, proioogeaj ana of greater volume, is attributed,by the court to the partial explosion of two or more of tbe forward magazine. Tbe evidence 01 tbe diver eatabllab- ed that the after part of tba ship was practically intact aod sack In that condition a very few minutes after tbe President's Message- of the Findings. eirUia It 4 art l"pa the evi4eare f t earre at j aae Ike tSadirg 4 rt T aWtlM, mm t At .'rtae i; i tm .t ,n f t air, fraca mi ! B4 Ivalf feet froas Ite saiJJ.e I, a f tW ship as4 feet lUuls keel afcea I IU ftormal foajttaa. tta. ta fre4 up m as ta t ss stool tm fe4 abate tba art ,f xh foe. .boat 1t.lrfj.Kr feet st. a fwa i wouia r i a4 I h . p aala. lured. lat a re.er.ed V .haf. tm tflee leg of wbicb. abt Cteoa feet toa4 aa4 tairtj.iar feet ta leagtb (fraaa frame i; to frame x) is 4oob.e4 back opoa iuelf acaioM tba eoattaaatlea or tba saa.e plating eiU4iag for ward. At frame I tbe Vertical leel is broke a la too aa4 the ft t keel beat iato aa angle similar to m aagta forme4 by ibe itsi4e bullosa U tea. Tbis break is now about ait eel bo low tbe surface of tbe wafer aa4 a boat thirty feel above iu normal position. Intbeopioion of tbe coort this ef fect could bate been fro4neo4 only by tbe esplosiaa of a tnite sttustod on der tbe bottom of tbe skip, at abot irmme in, aod aomewbat a tbe port ide of tbe sbip. ltluli f tba oti. Tbe conclusions of tbe court are : Tbat tbe loss of tbe Maine was not la ary respect d je to tbe fault or negligence 00 Jbe part of any of tba oRlrers or members of ber crew. Ibat tbe sbip was destroyed by tbe et plosion of a sub-martoe mine, wbich caused tbe partial explostoo of two or more of ber forward magatioea; aod tbat no evi dence bas been obtainable flilog tba responsibility for tbe destruction oft be Maine upon any person or persona. I bave directed tbat tbe Hading of the Court of Inquiry and the views of tbis government tbereupou be com ma ndated to tbe government of Her Maj esty, the (Jueen Regent, atd I do not permit myself to doubt tbat the sense or justice of tbe Spanish- nation will indicate a course of action auggeatod by honor and tbe frienly rr lat twos of tbe two governments. It will be the duty of tbe Kierutlve to advise the Congress of Iba result, and io tbe meantime deliberate consid eration is invoked. William Mt Kim at. iti I'oici on mum: i t st. Tbe Associated Press presents here with a compute abstract of tbe report of tbe Court of Inquiry wbicb inves tigated the wrecking of tbe bait fe-sbtp Maine. This abstract is made from the report itself, access to wbicb was obtained yesterday despite official secrecy unparalleled in ine bandling of oniciai papers. Tbe report is made up of eight parts, aa follows : First Tbe Court finds tbat at tbe time of tba explosion tbe battle ship Maine was lying in five and one half to six fathoms of water. Second Tbe diripline aboard tba ship was excellent; eterytbing stowed according to orders ammunition j;uns, store, etc. Tbe temperature ot tbe magazine at p. to. was normal, ex cept io the after 10-incb magannc, and that did not xplode. Third Tbe explosion occurred at t :4o o'clock 00 tba evening of Febru ary 15. There were two explosions, with a very short interval between them; tbe sbip lifted on tbe first ex plosion. Fourth Tbe Court cao form bo defi nite opinion or tbe cooditioo of tbe wreck from tbe divers' evidence. Fifth Technical detailsof wreckage from which Court deduce tbat a mine was exploded under tba sbip on tbe port side. Sixth The explosion was du to Do fault of tboae on baard. Seventh Opioioo of tbe Court slat ing tbat tbe exploatou of tbe mine caused t be e x ploaioo of t wo magazi oe. Eighth Tbe Court declares tbat it cannot find evidence to fix responsi bility. . Tba report Is unanimous, and signed by all tbe members of tba Court. It dues pot refer to tbe existence or non existence of the mines in tbo harbor of Havana, except in tba specific find ing tbat amine was, exploded under tbe ship, and tbe opioioo tbat tba ex plosion of the two magazine was caused by tbe explosion of amine. Tbe report as a whole is a formal, dispassionate recital of facta, and bears tbe stamp of tbat strict official ism wbicb marks naval procedure. It is brief, not exceeding 1,huo words, and among tbe eight parts goes to tba greatest length under tbe second bead ing, wbich deal with tbe discipline and order of tbe ship. Tbis tbe Court specifies with extreme miouteneot, the least detail of tbe satisfactory con dition of everything on board belog giveo. Tbe normal temperature of the large forward magazines at H o'clockonly an boor aod forty minutes before tbe ex plosion ditptses of the quest loo of ac cidental eorobustioo wiinio these mag azines. While tba Court holds tbat there magazi oe did not explode from internal causes, tbey nevertbeleas are of tbe opinion tbat tbe explosioo of tba mioe u oder tba port aide of tbe sbip caused tbe explosioo of the two mag azines. This will exptaio tbe remark able destruction wrought, tbe explos ion thus beingsbowo to bave combined tne lorce 01 a ntioe wiinout ana two magazines witblo. The two explosioo wbicb tbe Court Ondslo haveoocurred, witb a very abort interval between them, is ao additional detail showing that fen A AfKM AMnlxil tm fin.lntf tb destnictio. Tbe finding tbat tba lbiD lifted on tba firtt exnloaion fndi- cate an external source, aod ooeof tremendous power to be able to lift a baUie-sblp of thousands f too. Tba -.. .. . t. ..-.tt that a miot was exploded oodertbe ship on tbe port aide, sural n tbe view taken by lont ex parte abort fy after tbe disaster, tbat tbe force of tbe ex plosion was exerted from port to star board. Tbe feature of tbe report of deepest Interest to tbe Navy -is tbe complota cxentwwtion of Capt. Sigsbeo and all on beard, eootal aed i a tbe second find ing, netting forth tbe perfect order and discipline prevailing on tbe ship, and more directly stated In tbe sixta Boding, wbicb declares tba disaster to be doe to n faalt of tboae on board. Tbe inability of tbe Court to (Bad evideooe to fix responsibility, as stated la tbe eighth part, makes tbe report aa guarded in expression of blanw tbat neither Spain nor tbe Spanish ars mentioned tbroagbout. 1. 1