Newspapers / The Caucasian (Clinton, N.C.) / Feb. 8, 1900, edition 1 / Page 1
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& f rv K VOL. XVIII. RALEIGH, NORTH CAROLINA, THURSDAY, FEBRUARYS, 1900. NO. 10. CAUCASIAN. 1 1 I 1 V1) 1 1 1 3 C7 i I i JOVERNOR GOEBEL IS Gallant Fight For Life 6:45 O'clock in KENTUCKY SITUATION Beckham Sworn in to Succeed Him --Court's Injunc tion Ignored by Governor TaylorMore Trouble in Sight. William (ot."jtl. the Democratic con stant for the governorship of Ken tucky, who was rhot on list Tuesday while on his way to the Senate cham le, by an as.s.is:in ecncoalwl in the ex ecutive mansion, did cf his wound on Saturday evening at J. 1 5 o'clock. lie had been declared elected governor by tlie legislative board, and on the face of the decision was sworn In as govern or on Tuesday afternoon. Acting Governor Tiiylor declared the State of Kentucky in a state of insur rection, adjourned t'he legislature, call ed out the militia and surrounded the capitol with troops. The first olTU hl act of Governor Goe bel was to Issue an order calling upon the troops to return to their homes, and declaring that no state of lnsurree tlon existed. The courts have been appealed to by the Democratic government, but so f;ir their orders have been disregarded by WILLIAM OOKCKI,. ncting Governor Taylor. The writ of habeas corpus has been suspended ami the President appealed to for aid. On Saturday evening William Goebtl gave up his prolonged fight for ll'Je against hopeless odds, and passed qui etly away, counseling his admiring fol lowers to abstain from all acts of vio lence and patiently await further devel opments in an appeal to the judicial au thorities. Further details of the state of affairs existing In the Commonwealth are giv en In the accompanying dispatches: Frankfort, Ky., Special. The bullet fired by an unknown assassin last Tues day morning ended the life of William Goebel at 6.13 o'clock Saturday evening. The only persons present at the death were Mr. Goebel's sister, Mrs. Bran nacker, and his brother, Arthur Goebel, f Cincinnati, who have bee in constant Attendance at Mr. Goebel's bedside, and Dr. McCormack. Justus Goebel, anoth er brother, who has been hurrying from Arizona as fast as steam could carry him In a vain hope of reaching his dy ing brother in time for some token of cognition, arrived 40 minutes too late. O.vgen was frequently administered to e dying man during the afternoon In an effort to keep him alive until hU brother arrived, but In valu. By the cruel irony of fate the train on which Justus Goebel was traveling to Frank fort was delayed several hours from va rious causes and when Mr. Goebel fin ally reached here it was only to learn that his brother was dead. Among partisans of both parties deep grief is manifested and already a movement has been started to erect a fitting monument to Mr. Goebel's mem ory on the spot In the State house grounds where he was shot. Early In the df.y, at Mr. Goebel's re quest, former Congressman Hendrick was called and Mr. Goebel asked for oie of hist legal advisors with whom he wished to confer. Iater, at Mr. Goe rhel'a request. Chaplain Wallace of the ! Kentucky State penitentiary, an inti i mate friend, was sent for and they had ' a short conversation. "Iew," said Mr. Goebel, "I wish to announce to the world that I do not hold myself In open violence to the Word of God." The dhypodermlc Injections afforde some temporary relief, but the sufferer for the first time In his long weary struggle for life had apparently lost his Army's Progress. Manila, ly Cable. Major Kobbe, the new military governor of the southern provinces, reports that American troops have occpied the islands of Sa mar and Leyte, southeast cf Luzon. The troops met slight opposition. At Tacloban tea rebels were killed and five cannon captured. The Tagalog el ement was completely surprised at the advent of the American troops. Ma jor Kobbe reports that hemp is plenti ful and trade prospects good. Last of the Jockey Club. Charleston, S. C, Special. The mem bers of the South Carolina Jcckey Club, the oldest chartered association of its kind in the United Stat?3. have resolved to turn over its property, amounting in real estate) bonds end cash, to over $100,000, to the Charles ton Library Society, as an endowment fund. The Jockey club ha been In ex istence for a century and a half, but sine 1883 no races hare beer held uh lor its auspices. 1 1 iV xv esmy DEAD a Ended Saturday at The Evening. GROWS DARKER Indomitable courage. "Doctor," said .he, feebly to Dr. Mc Cormack, who stood at his bedside, "I am afraid now tuat I am not going to gH over thin." Dr. MeCcimiok endeavored to eh the fait sinking man, but the 1 soon rr Iapr-a ir,:o a condition of semi consciousness About cae o'clock he aroused himself again, and calling Dr. McCornrack to hii 'iKn'-side: "Doctor. am I going to get well? I want to know the truth, for I have several th'nijs to attend to." "Mr. Goebel, you have only a few hours to live," replied Dr. McCormack. Mr. Gcchel was silent for a anonienr. then calling his brother Arthur Goebel. to his bedside, he ashed that the physi cians and nurses retire. Then for 2) minutes the dying man. was left with his brother and bister, Mrs. Braunackor Late in the afternoon to the weary watchers at the 'bed-side it was appar ent that the end was not far off, and Itcv. Dr. Taliaferro crossed over to where Mr. Goebel lay gasping fc Lrath, and kneeling at ths side of the bed, prayed earnestly. With tears streaming down their faces. Mr3 Brau nacker and Arthur Goebel knelt at the l,r.i!'.l,lo n1;r Thou Tli- T:i 1 1 i a f tr rn I arose and opening the Bible read a few selected verses from the Epistle of t. James. A few minutes later Mr. Goebel'.! brother nnnoimdd to the anxiuos watchers about the hc-tel corridors that William Goebel was dead. There wa3 no excitement in the cor ridor. Those who heard the words of Arthur Goebel were reverently sile ii. and did not disseminate the intelli gence. Within a few minutes he fol lowing announcement had been pre pared and silently handed about th hotel and in the streets. "To the people of Kentucky: . "Ft is with the most profound sorrow that we announce the deth of Go ernor William Goebel. In his last mo ments he counseled his friends to keep cool amd bow to the law in all things. We, his friends, beg of the people of Kentucky in this hour of affliction to carefully abstain from any acts of vi olence or any resort to mob law. It would be hi3 wish if he were alive that there should be absolutely no stain on his memory by any imprudent act of any who were his friends. The law io supreme and must in time be re-established and all the wrongs he and hia party have suffered will find their pro per redress. (Signed) J. C. S. Blackburn, Urey Woodson, J. B. McCreary, James An drew Scott, B. W. Bradburn, C. C. Mc Chord, L. II. Cart, speaker pre-tem. of the Senate; William S. Pryor, C. M. Lewis, John K. Hendricks, Lewis Mc Quown, S. J. Shackelford, South Trim ble, speaker of the House." This was the first intelligence given the public of the death of Mr. Goebel, which occurred 45 minutes previous. Beckham Sworn In. Frankfort, Ky., Special. Exactly one hour after the death of Mr. Goebel, J. C. W. Beckham was sworn in as gov ernor of Kentucky, the oath being ad ministered by S. .1. Shackelford, clerk of the court of appeals. It had beeii determined to keep secret the news ol the death of Mr. Goebel until Mr. Beck ham should have been formally induct ed into the office, and the delay was made greater by the inability of Dr. McCormack to leave the bedroom of i Mr. Goebel to make the proper certifi cate of death. Until this had been done the Democratic attorneys were unwilling that the oath of office should be administered. The ceremony took place in a small Mr. Gc.2bellK?lls.td-1,a4 shrdlu shrdls rcom on the same floor, as that on which Mr. Goebel died, but a few doors to the west of it. In the room at the time of the administration of the oath were Senator-elect Blackburn, Col. B. H. Young. Col. Philip Thompson Eph. Lillard, J. H. Lillis. Lieut. McKay, S. J. Shackelford, clerk of the court of1 appeals; Dr. P. W. Wells, Col. Harry McKay. Col. Jack Chinn. Kit Chinn. Dr. McCormack, Joseph Blackburn, Jr. and three representatives of the press. Col. Young, who was one of the lead ing Democratic attorneys throughout the Goebel-Taylor contest, and Sena- tor-elect Blackburn, sat at a table in the center of the room npon which they had drawn up the papers neces sary to the administration of the oath of office to Mr. Beekhani. After the papers 'had 'been completed there was a wait of nearly 10 minutes for Dr. Mc CoTmack. The death certificate had already been prepar. nd Dr. McCormack quickly signed his name and swore to the contents of the paper. "Now, Mr. Beckham, it is your turn," said Col. Young. Legislature Meets. Frankfort, Ky., Special. The Dem ocratic members oZ the legislature Friday effected a regular organization since the swearing in of Governor Goe bel. A secret session of the members of both houses was held in one of the parlors of the Capital Hotel, at which the election William Goebel as Gover nor and J. W. C. Beckham as Lieu tenant Governor was reaffirmed, first in separate sessions of the house and sentate, and afterwards in joint ses sion. Bryan lit New Hampshire. Concord, N. H., Special. Wm. J. Bryan scored an enthusiastic welcome here. He was given a reception and spoke at two subsequent meetings with immense audiences, in the evening, discussing imperialism, trusts and along the line that the contest is now betweeen plutocracy and Democracy. Ha also spoke to enthusiastic crowd3 at Portsmouth and Manchester, en route here. Mr. Beckham, who bad been stand ing in the far corner cf the room, at Ciiee advanced to the table with a! aii flush of excitement upon his youthful face. "Sign, the oath," said Col. Young, pushing the paper toward him. Mr. . Beckham hesitated and Cel. Young repeated the request. "Let me be sworn first," said Mr. Beckham. ou must sign the paper before-, Atlempt t0 organize a legislature and u i take the oath, said Col. oung. to elect Eew offIceM Xo iaake a quo We want your oatu to the signa -m w -m h r,,r tv tr-,. ture Mr Beckham advanced to the table j and affixed his signature, and, stepping 'jack, he held up his right hand for thej vj-i.u, which was rem io uim oy ieni Shackelford, of the court of appeals When the clerk read the concluding words cf the oath, "so help you God," Mr. Beckham's reply came, "I do," and then with great emphasis, "and mav God give me strength to do my duty." "I devoutly hope he will," rejoined Col. Young. Clerk Shackelford then attested the rath. The first cfiicial action of Mr-. Beck ham, was the appointment of a new and Assistant Adjutant General Dick- son. The order was as follows: S;.ate of Kentucky, Executive Department, Frankfort, Ky., Feb. 3, 1900. Executive Order No. 1. 1. Daniel II. Coliier, adjutant gener al, and J. D. Dickson, assistant adju tant general, are hereby removed from office to take effect immediately. 2. Referring to executive proclama tion of the first instant, all members of the Kentucky State Guard ordered on duty in the city of Frankfort by my predescessor aie relieved from duty to take effect immediately, and are in structed thi3 day to return to their re spective posts. (Signed) J. C. W. BECKHAM, Acting Governor. On the hack of this order was en dorsed the following: Executed by delivering a true copy to Capt. Bennett, officer of the day in command of troops at gate of capitol grounds, who reports General D. H. Collier absent from his command. Capt Bennett received the paper and prom ised to deliver same to General Collier. The delivery was made at six o'clock n. m., this third day of February, 1900. (Signed) HARRY M'KAY, Colonel and Aide-de- Camp, Governor's Staff. The ord'er was delivered to Capt Ben tfctt at the gate of the capitol grounds 25 minutes before the death of Mr. Goebel. Mr. Beckham was made act ing governor Friday night by the med ical certificate of McCormack that Mr. Goebel was unable to assume the func tions of the office. Mr. Beckham seemed deeply affected by the position in which circumstances had placed him, and he did not reveal much joy over the congratulations which those in the room showered up on him, although he accepted them gratefully. "There is one thing I would have been greatly pleased to have had done by Mr. Goebel before his death," he said, "and that is to have signed the certificate cf Senator Blackbura. Of course I am greatly pleased to have the privilege myself, but I know that it was a matter close to the heart of Mr. Goebel, and I wish that he could have lived long enough to do. I think I can promise," he said, with a smile, "that it will be one of the first things I will do on Monday." An Injunction. Frankfort, Ky., Special. Judge Can trell, of the circuit court Saturday morning granted a temporary injunc tion restraining Governor Taylor from interfering with the meetings of the legislature and from removing the seat of legi.ture to London, Ky. Temporary injunction is to remain binding until February 8, when the hearing to make it permanent will be heard before Judge Cantrell, of Georgetown, Ky. At the opening of the court Judge Pryor produced the petition which had already been published and read in full When he had concluded, Judge Pryor said: "I do not suppose that it is neces sary to prove the case of the plaintiff, and your honor having read the peti tion in chambers, and there being no counsel present for the other side, I ask that the following order he issued.' He then read an order in accordance with the petition, and it was entered 'by Judge Cantrill. "Your honor will notice," continued Judge Pryor, "t.bat this is but a tem porary restraining order, to be effect ive upon the defendant until Feb. 8, when a request will be made that the petition be made permanent." "Are there any attorneys present for the defendant?" asked Judge Cantrill There was not reply. "Mr. Clerk, let the order be entered," said the judge, "tout I wish to makeit read that the application for the per manent injunction will be heard at Georgetown, in this State, instead of at Frankfort." This wa3 agreeable to the attorney for the plaintiff, and the matter was ordered. No attempt will be made to secure personal service of the writ of injunc tion upon Gov. Taylor. Immediately after the issuance of the writ. Judge Cantrill instructed Sheriff Suter, of Franklin county, to make no effort to present the order or court Judge Cantrill directed that it be allowed to remain binding without service, -because of the danger threat ening the man who should undertake $50,000 Damages. Pjttsiburg, Pa., Special. Walter E. Billows, a colored attorney of this city, entered suit here against William H. McCarthy a prominent restaurant man, for $3,000 damages, for refusing to serve Congressman Geo. H. White, cf North Carolina, and himself, with dinner. Billows claims that McCarthy offered to serve them elsewhere than in the general dining-room, but they demanded an equal footing with white persons and left the place. Joss Villalon, secretary cf public works in Cuba, has issued an order an nulling a contract giving an express company exclusive privileges" on rail ways. He was overruled by General WTood. General Buller's reconnioitering ex pedition found no Boers at Hoager'a Poort, on the Upper Tugela, where a crossing may he made on the way to ward Lady-smith. ' It is reported that General .Kitchener with a large army is advancing on La-dvsmith. .i u. pu oiican repre-sm.uives aua.seia - " HO tilt, u. 1UiU I, J A- . - 11!.. 1. A! Jl . ,,. , - . " , , fcaiuraay m rne direciica oi i. d.l ULIilL triir I .1 1 rllitJ 11 1 1M ill L I JTZ Sr. , ... ..- . . :. . -any memcers nave oeen leaving 4-tf i removing Aaiutant General Collier . .i, r j liirR a i mm? ins nan vvna in nrnpr . . . the task and the results that might en sue owing to the state or the publls - id. Muviug to London. Frankfort, Ky., Special. Chairman John Barrett, cf the Republican joint cauc us, has issued a cail for a session of the caucus at the court -house in London Monday at 4 p. m. This is ta- io iiness. ueu iase 10 w;i-aon tauuga 1(adPr cf the p3rty caiJ. '..We wi elect alIVgislative officers and elect Governor Bradley to the Uni ted States Senate, thereby getting a contest in the Senate whioh will bring a decision from competent authority." Governor " Taylor has provided against the delay and inconvenience of receiving telegrams in his present ex- g;. He .tad two wires run into" his J office. and has his own operators witn in the office. There was a general exodus of Re- .'ondon. : by ays. going to their homes and intending to i go frcm there to London, but batur- uay there was a concerted movement and all cf thoe who had been left be hind, about 15, started on the morning train. -Several cases of rifles and a large amount of ammunition was forwarded to London by express, by Adjutant General Collier. He says he expects no trouble at London, but wishes to have matters ready for any emergency. Gov. Taylor has, for the time being at least, given up the idea of going to London, and will remain in the exec utive building in Frankfort. Clash of Authority. Frankfort, Ky., Special. Civil and military authority in ' Kentucky have come face to face at last and unless one or the other recedes from the posi tions occupied .there can be but one outcome and that is civil war. Governor Taylor must within 43 hours surrender to the circuit court ot Franklin county the person of Alonzo Walker, now held in custody by him in the State executive building, or Sheriff Suter, of Franklin county, with a pow erful posse at his back, will attempt his release 'by force, and it i.s hardly within the range of possibility that the attempt can be made without blood shed or loss of life. If once blood is shad an armed conflict in the streets of Frankfort it is beyond the wisdom of any man to tell how far the flames of strife may spread. Gov. Taylor and Adjutant General Collier laie Saturday afternoon flatly refused to recognize a writ of habeas corpus, issued by Judge Moore for the release of Alonzo Walker, a stenogra pher who was arrested and put into confinement after pinning a notice of a writ of injunction on the door o" Gov. Taylor's chambers in the legis- lative huilding. Judge Moore said after Sheriff Suter ! had reported his inability to serve ttie ; writ of habeas corpus, that unless Gov ernor Taylor recedes from his position the sheriff would be instructed to en force the order of the court and would be given sufficient armed force to in sure this resoilt. The News in Washington. Washington, D. C, Special With out regard to party the death of Wil liam Gce'bel is universally deplored here. His game struggle for life after the assassin's bullet laid him low has been watohed with admiration and when the bulletins were posted an nouncing his death political friends and foes united in expressions of re gret. President .McKinley was informed of the death of Mr. Goebel at the din ner given in honor of himself and the members of his cabinet by Postmaster General Chas. Emery Smith. The news was conveyed to him after guests had risen from the table and retired to the smoking room. Shortly after ward the President returned to the White House. Late at night a member of the cabi net said to a representative of the as sociated press: When the news of Mr. Goebel's death was announced to the President and to those of us who were present, no surprise was expressed, as it had been expected. The Kentucky situa tion was not discussed but you may say that the President and members of the cabinet believe that the death of Mr. Goebel will not have the effect of altering the situation in the least as far as its legal aspect is concerned." Supplies Fir British. Uorfolk, Va., Special. The steam ship Domingo, de Loringo, which hag been running as a i egular liner be tween England and Cuba, arrived here from Cienfugos, Cuba, Saturday night and took on seven hundred tons of bunker coal at Lambert's Point, in great haste. It developed that the vessel has been chartered by the Brit ish government to carry to South Af rica supplies and pcssrbly ammunition which have been purchased in this country for the British army in the Transvaal. An official report just made public tells of the hard fight made by General Lawton and 1,000 Americans against four to five thousand intrenched Fil ipinos in Cavite Province, Luzon, last summer. Telegraphic Briefs. A yellow book has been issued at Paris giving an account of the exten sion of French influence in China. Emperor Wrilliam in a rescript to Prince Hohenlohe reiterates the state ment that Germany musl; have a fleet commensurate with her growing com merce. General Hernandez, the Venezuelan insurgent leader, is said to threaten Bolivar. General Lawton's funeral will tike place at Washington next Friday af ternoon. . It Is said in New York that the Penn sylvania and New York Central rail roads have secured control of the Wes tern New York and Pennsylvania rail road. ' Florida politicians are already pre paring for the fall - campaign . iMany candidates are in the field. Maj. William Hcoiry Hastings, a brother of the former governor of Pennsylvania, was sentenced In Phila delphia to two years and six months in the penitentiary for false pretenses. The cruiser Dixie entered Chesi peake Bay Friday. 1 III 1 lie Declares That Section tutional. ii$ OPINION AS A LAWYER, AFTER DELIBERATION. He Points Out Forcibly That While Other Sections Will Stand. Hon. Marion Butler, United States' Tn repiy to your nj question. I Senate. Washington, D. C. , win ttate tnat it 6enxs to me equally Dear Senator: Yours, enclosing co-;M tlear that the cc4irt wouW declan, py cf proposed suffrage amendment In unconstitutional only section 5, leaving Ncith Carolina, received. You request; the other sections of the amendment. my opinion as a lawyer in answer to which are clearly constitutional to the following questions: 'stand. . . . . 1 1. -Is section o oi tne proposeu amen a-. ment constitutional? 2. If the Supreme Cr-v.rt should de clare section 5 unconstitutional, would the court hold that the whole amend ment falls with it or that section 5 would fall and leave the remaining sections to ftand as a part cf the or ganic law cf the State? In answer to the first question, I will say that upon reading the proposed amendment my first impression was that section 5 was clearly unconstitu tional, and that since I have examined the leading works upon constitutional construction, and the leading decisions cf the Supreme Court applicable there to and find that the overwhelming weight cf authority sustains that view. The amendment provides an educa tional qualification for all voters, and then attempts in section 5 to except a certain class from this educational ciualificatlon by providing that all citi zens who could vote on January 1st, 18C7, cr prior thereto, cr whose fathers or grandfathers cculd vote, then, should be allowed to vote, even though unable to read and' write, and, therefore, not possessing the qualifications required of other voters. If this amendment should be adopt ed by your State and it should come before the United States Supreme Court to be tested, as I suppose it would, the court would unhe-.italingly say that all of its sections, except section 5, were clearly constitutional. But in passing upon that section (known as the "grandfather clause") the court would inquire whot class c-f citizens could vote in 1S67 and what class could not, whose grandfathers could vote then ani whose grandfathers could not. The answer to this question would brins sharply to the attention cf the court the fact that all that class of citizens who were In servltnde and who therefore could not vote in 1867 are discrimina ted against by being excluded from the special privilege of section 5. Now, would the court say that this would be a violation of the loth amendment to the United States constitution? The 15th amendment is as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition cf servitude." There is to my mind no question about1 what th? decision of the court would be. If section 5 cf the proposed amendment in your State is not in vio lation of the 15th amendment cf the United States constitution, then it would seem that it would be impossible to violate that amendment. The effect of section 5 is just the same as if the proposed amendment in ycur State had read: "Every eitizen shall be entitled to vote without being required to sub mit to any educational test, except those "who were slaves or who are the descendants cf slaves, and no perr who was a slave or who is the desceu dent of a slave shall be allowed to vote unless he can read or write." Will' anyone contend that sucli a provision would be constitutional? Yet how would such an amendment differ from the proposed amendment in your State? In form only; certainly not in effect." ' That the constitutionality of a law is to be determined, net by its form, but bv thVeffect cf its operation. Is a principle so well established that it may be said to be an axiom of consti tutional law. Hence the legal maxim: "Nothing can be done indirectly which cannot done directly." In as much as there is not a case in the United States reports that is not an authority in support of the above, I do mot deem it necessary to burden this letter with citations of authority. Griwsome Musical Instruments. Skull banjos .ire the product of the small country of Paraguay. Tlio In dians of ancient times were constant ly engaged in warfare, and their pri mary aim when thus engaged was to capture the chief of the oppwdng side. When captured this personage was carried to their camp, and there cruel ly murdered, and it was from his body that this grewsome. curious musical instrument was made. After the skull was thoroughly dried the top was cut entirely off. Over the opening thus made a piece of skin taken from the body was tightly stretched in the manner of a dram. In the back f the idcull the two femors of the legs were inserted. These lmes were so trimmed that they were of uniform thickm- throughout their en tire length. Tbe ends of these bones were joined together by one of tbe rib from the body. -. Then from the forehead of the skull j to the rib which connected the femors I strings were tightly stretched. These ; strings were made from the skin of j the victim, thoroughly dried and ru1- j bed over with resin. The Instrument ! was played in a similar manner to the I mandolin. " I The skull was left so that the jaws were movable. Therefore, with each shake of the instrument, the javs wagged, and with any sharp jolt the teeth came together with a snap. So rare a relic was this considered that a gentleman of England bid $12T for one at a recent auction in London. In India only one male in ten anfl 1 one female In 160 are able to read. II I Five is Unconsti- Section Five Will Fall T!lG f.n1.. .VHsJnn nf Court that could be quoted as agaln-t thus view are these stating that the Court, in deciding whether all or a part of the statute should fall on ac count cf a part being unconstitutional. ! would, amors other thin?.?, consller the intention cr the legislature that is: whether the legislature would have passed "the constitutional pirt3 if it had known that the ether parts were unconstitutional and would not stand. And even th?.-? decisions would rot epply to the present ca?e In ths least unless the Court rhoul-1 be convinced thit the legislature would not have attempted to restrict suffrage at all unless It cau'.d do so b placing a restriction upon former slaves and their descendants, while leaving an otner citizens tree to vote without any restriction. I would say it would be difficult to convince th Court that such was the intention of any intelligent legislature that woul 1 seriously adopt any educational suf frage amendment Would not the Ccurt rather conclude that it was cleirly the intention of the legislature to limit suffrage by an educational test and that it attempted in 5Wt;on 5 to except a class from its operation.whlch they must have known. to say the. If2 5t. was of very doubtful constitu tionality. But the tendency of the derisions of the Court has been to look to the ef fect of a statute rather thnn to the intent of the legislature. ar.d the important test annlied by the Court in such case3 is: Wall the remainder of the t tatute be intelligible as J operative if the uneoastituticn al part3 are stricken out? In the" Income Tax case the court en'Hrely ignored the Intention cf Con gress. It was clear thst the tariff schedules in the other sections of that act would have been very different had net the sections providing for rai3ine thirty cr forty million dollars by an income tax 'been a part of the bill. Ye: the Court declared the income tax sections unconstitutional, leivlng the ether sections to stand on the ground that the other sections were intelli gible and operative alone. In Penniman's case. 103 U. S., page 717, Justice Wood delivering the opln. ion of the Court eays: "Statutes that are constitutional Ii. pari3 only will be upheld to far as they are rot in conflice with the Con stitution, provided the allowed and prohibited parts are severable. So that if much of the section under con sideration as relieves the debtor from imprisonment fcr debt is constitution al and can be severed from the ether parts of the enactment, the" judgment of the Supreme Court of Rhode Island should 'be affirmed. That part of the section which relates to the imprii'on mont cf the debtor, and that which relates to the seizure of his property, are entirely distinct and independent, and either one can stand and be opcra- tive though the other should be de clared void." Now cannot the other sections of the proposed suffrage amendment "itand and be operative, though the ciher (Section 5) should he declared void?" Clearly so; because when S.ec tion 5 i3 declared void and eliminated, the remainder of the amendment makes a complete and constitutional scheme for limiting suffrage 'by an edn cational qualification applicable to all classes alike. This position i3 sustained by the overwhelming weight of authority. I can cite you numerous decisions and the leai'ts work3 on constitutional cons truction. If you desire them. Yours respectfully, WILLI Ail V. ALLEN. i DallX FreabeU. The most people who live in the temperate zones, the annual freshets occasioned by the melting of the win ter snow3 and by the unusually heavy rains of spring are a matter of fa miliar observation. Under a higher latitude and in the neighborhood of glaciers, other phenomena are to be studied. An English traveler in Alas ka ha3 tbe following to report about the riVers of that country: The Tak henna, like most streams of glacial origin, was subject to a daily rise and fall. The distance of its sources caused the water to increase In volume and In swiftness from soon to midnight, after which it continued to decrease from midnight to noon. The dally rise measured from six to ten inches, ac cording to the heat of the weather; the daily fall measured from five to eight inches during the time the fine weath er lasted. After a few days of cloudy, rainy weather, I found the 'river fall ing from day to day about as fast as it had risen during tbe fine weather. It is worthy of remark that daring fine weather I invariably found the wind during the daytime in the Chil cat valley blowing up from tbe sea. It began in the forenoon with a gentle breeze, which gradually Increased to a smart "gale, that died quite away by sunset. During the night there was either ho wind, or else It blew in the contrary direction. This regular move ment of the atmosphere no doubt has much to do with producing the regu lar daily rise and fall of the river. Mrs. Amelia E. ISarr says men are supplanting women s housebo,'J servants - CONGRESSIONAL AFFAIRS. Doily Dolnrs of Our National Legls tcrj. fEXATn. Thirty-fifth Diy. Th ich Mr. IUcon. cf CeorirU. oa tb plne policy a th feature of th Uy'g essloa cr toe Saat. At In con cluMon tire as p!rj c-lloqa? over a sufrfc! declaration for wK-jot-ernment of the Philippine. lmilr ?o the Teller decliratioa as to Cubia elf-ROTcnuncot. The bill preestin to the city of Nashville the cicnca cu the gun-boat Nashville, from hlcb was IlreJ the Crt h-t in the Spanish war. w.u passed. Mr. Hoar offt-reA h rwolutioa railing oa the committee on rulf to contl-ler whether some suitable plan could not te aaptej fv? the enlargement of tfc capitol and for providing for the trassictioa of pubi'.v: b inert other than legislative bu. nesa el?wbtre. After eome "elate, the resolution -as acrt 1 to. Thirty-sixth Day. Debate In the Senate, ordinarily calm and disnlfloJ. burst into passionate utlcrancra and bitter recrimination. Senator hurl ed denunciations c-ne at another udGI the auditor? quivered with excitement. The debate prrw out of a rh of ta 1-een vltnewd Fince the dituM;! n nf oium. lie wer.t t Obarl.rtle a year the war re.-ointloa in the last C-n- j aRO AOj j,t4 ba work.ng la .val of Kress, which, in w-nwitlanal ftatun V J flcWL compared with that c-f today'. Th ii.-cufcs'cn arose quite unexpectedly. T. A. Albright, rcoaipinld by Jofn Mr. Pettigrew, who h.n precipitated walker and other, deatroyel a block nearly all the deba- oa the l-hUip- ,u:U,ro Monday. The ...I., 'I .... .-.'-. K - . . - - v..- . r rp j KfinM in have ri.ii! a re tkn cmlolvlng a dccunn-nt written by ; Emllio Agulnaldo upon the Filipino - ln.-iurrection and containing r.la vert-ion of the alleged rcvocniilon of the Filipino rcp-iblic by Admiral Dewey. Senator ledge, cf Massachusetts. pr tisted apalnst printing tbe drument in any form and rend a lct'er from Admiral Dewev In which that portion of Aguinaldo'n statement relating la the admiral ws denounced aa a "t'.- j sue of falsehoods." Senator on th s fleer listened with cnnT attention and many gallery spectators leaned far j over the railing in their d-V.re not ti miss a sentence. Mr. Ixdge said La j preferred accepting Ik-wey. word to ; that of Agulnaldo and was .satisfied th , American people would also. In a pas- ) slonate reply Mr. IYttigrcw derlar-d t that Admiral Dewey bad recognize! the Filipino republic and although af forded an opportunity heretofore ti deny Aguinaldo's statements bad not donn ko. In an Instant half a dozen Senators were oa thf ir f-et. Mr. Haw ley, the venerable Senator from Con nect'eut, denounced Mr. Pcttlgrew's action as treaton. Thirty-seventh Day. An eff.-t by Senator Petllgrew. of South Dakota. to d!s4-u.-8 the Philippine question In the Senale. taking for bis text the res olution offered by hlin Tlmrfidn. wss of no avail, as he was nut by a point 1 of order which took him from the floor. He had gotten only so far a ! to charge that the great journals of the j country would not publish the fatts concerning the Philippine war whfn the point of order vu made by Sena tor Callinger and FUBtaJned by the chair. Subsequently he offered anoth er resolution on wlilch he will speak next week. Thirtv eighth Dav. The Senate committee on Porto Hl concluded Us j consideration of the bill providing a ; fna-wM 9 flni..enman4 fsw hA (axlsft.-l .1 ' l'orto ttico. ine out .anas in an es tian particulars the same aa left by the committee at Its meeting last Wednes day. The rate of duty provided for ar ticles taken from the United States to Porto Rico is 25 per cenL of the Ding ley law rate. HOUSE. Thirty-fifth Day. The House was in session only a little over an hour, and business of minor Importance was transacted. Mr. Eddy, disclaiming any intention of reflecting upon Mr. Rirh- ardson. Resolutions were adopted ! calling upon the Secretary of the Navy and the Secretary of War for Informa tion as to the amount of money ex pended and the amount for whJca the government Is liable remaining on paid, for equipments, transportation, supplies and naval operations In the Philippine Island, froxa May 1. 182. to November 1, 1S93. The house then adjourned. Thirty-sixth Day. Under the lati tude allowed In general debate upon appropriation bills, the Indian appro priation bill In the Hou-e was made the occasion for tbe dbicus1on of a wide range of public questions. Our policy In the Philippine islands, the government of Porto Rico, tbe leasing of our arid land and election method In the South were In turn brourbt Into the arena. The most Interesting de bate occurred over the latter subject. Mr. LInney (N. C). a former Democrat who Joined the republican party la 18S4, and who Is coe of the breezy talkers of the House, ued aa a text for the Introduction cf the subject tbe amendment to the constitution of his State, which he claimed was designed to disfranchise the negro. Quite a number of members were drawn Into the discussion and Mr. Llnney's state ments provoked an eloquent reply from Mr. Williams, of Mississippi, who Jus tified to the full extent the action cf certain Roitbern State on the ground that the nonpartlcfpatlon of the Ignor ant and illiterate was necessary to prevent the ubmergcnc cf civiliza tion. Thlrty-stventh Day. The House de- 1 voted its attention to tbe Indian appro priation bill. It got no farther, bow ever than the appropriations for Indi an school, where an effort was Inau gurated by Mr. FItzeerald. of New York, to permit the Seerciarr of the Interior to contract with acboolt for the education of Indian children where the government lack firlHties. Tbe rysiem of contract acboo! which Lai been the cause of a big ror ca- h rear has been gradual! r abandoned, until no appropriation Is ivde fr them In this bill. It 1 cla!n.ed hat present Indian schcol facilities are Iaadeinate Thirty-eighth Lay.-Tbe Hou pars th? Iniiia appropriation bilL It wn flirhtly an-fcdcd in un'mprtant par ticulars. An attempt to revive the val ley cf making contracts with religious spools for tbe clue it ion of Indian children which has been gradually abandoned by the government dnric? the last fire years filled on Che ruling of the vhair that the aareodment wa out of order. The lattre part of the eesion was derated to eulogies upon the life aad public erv!ces of the late Representative Ennentrout of Penn sylvania. The fiend who alaps yon on Ibe back and thinks he is showing rood fellowship should pade iu his ust ll-e story of Edward Watson, whone neck was'brokeu by tLe greeting of a tt-o enthusiastic frieud TAR HEEL NOTES. It U expected that work c the raU road xtervrtao frcra lrerard vilU b coaiineooed la W nrxt week or tea day, depeodic ca tbe -vcather. It it now certaia that Claytaa will by thia titn twit yetr tavw a rotton mill la operatloa. It i rauh mill of I7S.604 cupltal vtock to Urt with. Near I a art n ban to Unit of J. I liollaad wer oat u&ait.c. Tb hammer of a goa became er Hustled ia a buna, exploding t. woarwo aa4 kill ing one of the bora lavtaatlj. Jlra an J JiLa Iktlaa. yoaac whit men and brother. fce beea Jailed la Rowan la default of IX bo&la eJk-X They are charged with burning th bam of H. C. Walker, tw Saw. Ko was county. Hurt Ilarri. a linotype competitor oa the Charlotte Ocrvrr. fell Jekl Thuraday n ght 7 o cl k Heart faUure U upSKM'ed t hate beea th 1 w win? and a email a moan, cf wb- ky. They arrtd a mia by the Biai of Jcm Iaw. who they happened flal rhcre. on a U!t. we mppowe. The Greenahoro Publishing Company has Jat beca organiaM to urre"l the Telegram Pulllihing Company an will assume control of the Kvraltig Telegram within the tw-r few week, tv- incornoratoia are: C. fl. Wright. A. W. McAllister. J. VanUnJiey. C. II. Ireland. J. W. Sro:t. K. J. Staf ford. Per. W. I. Grbm. J. Hun ter. IL W. Prvoks. J. M. Ilcndrli. J. W. Fry and others wbo-e names hav not "jeen announced. During tbe cold Miip the pond at Oaklale froze thltk and bard. When it began to thaw around the edgea the large carp began to play ia the hall9 water. One huge fallow la flapping around, got on Ike ice and never rot back. It was found there ene morn ing frozen ttoff. It was exartly tu and one-half feet long and weighed over twenty pounds. The cabs on It were over an Inch In dlanv-ier Aligk Point Enterprise. T. F. Wrcnn. cf the Catawba Fur niture Company, pun-baaed tbe Uart of land lylcg w"t f the S. C. 4. Ga. erteAjon rsilroad.contalnlng about five acres, from J. S. Dysfirt. a Moaday. The crnskleratn was $700. aad It la raid that another factory Is to be erected on the tract. The attempt to enforce vaccination by the official of tbe county at Pig Falls led to a revolt and an apparent misunderstanding, as the operative of the mill were led to believe tbe owners were urging It or were la sympathy with tbe work. Aa a result cf this be lief the operatives walked out Monday. Tbe two-year-olJ daughter of Mr. Charles Taylor, who lives tiar tb depot In Morganton waawo badly burn ed Wednesday evenicg tatt be died In about eight hours after tbe arrj dent Tbe mother went to tbe w-fll for a bucket of water, leaving the child alone In the boue. and when hn returnei she found It clothing en fine. She Ian me:d lately daaheil tier buck et of water on tbe child, which extin guished the Came, and Dr. Warll-k was aummoned. but tbe little ou w-is too badly burnei to be saved. It was a horrible accident. TLe Rutberfordton Vindicator leans that Col. Frank Coxe Is critically alrlc in Philadelphia. King's Weekly, of Greenv!l. yi that Wednesday, at Wahlngum. lm fort county. Mr. John Cordan walke! up behind a boy and. to scare hla. slapped him on the bak of tbe aboul der. Tbe boy bad his knife In his hand and aa be Jumped threw his hand back ward, tbe blade sUekirg Mr. Cordon ; tbe thigh, eeverlrg an artery, frcm watch he bled to eJe ath ia a short wblbv Medical aid could do nothing far him. Mr. W. T. Hall del r uddcaly Thurs day morning ia tbe ftore cf U brother. Mr. Alex. Hall, at Rockisg bam. The flveyear-O'ld daughter of Mr. aafl Mrs. Gcorg Whit, f Durham, was accldectly burned to JeJ Thursday. Her clothing caught from aa pen gnat. Notes. The President has tuxnlnsied Harry S. Edward to b portmaeter at Va con, Ca. The Senate ronSnnel Zl L. Bampfield. postmaster at Beaufort. S. C and W. H. Moty. at BedforJ City. Va. Tbe bodies of Captala Arderfcoa, of the wrecked schooner MrlnzU. aad or one of his all sailors have lieen found near the mouth cf tbe Rio Grande, ca tbe Mexican coasL The New York Assembly comaiaee oa. Taxation and Retrenchniint will report favorably a bill to place a txa oa all savings banks deposits cf U,? asd over. Tbe Virginia bg'.latcr will la May vote oa tbe ejucs'ian of exilic g a con vention to frame a c ciaat!tu.Ia. The transport Ohio has arrirI at Saa Francisco from Mirlla, bringing 150 bodies and two paueegtrs. Tbe new torpedo bait Gald. iwaugh will have her trial trip la Elliot Ely. on the Pacific coast. In a fe days. Chicago building contractors threat en to lack out all cf their employe on next Mociay. . Tbe British steamer Cbickabcailsj. nearly a week overdue, has arrived at Norfolk. Va. The ferryboat City cf Norfolk task at Norfolk. V, Saturday. . ..t II
The Caucasian (Clinton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 8, 1900, edition 1
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