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0 / 75
RALEIGH, NORTH CAROLINA, THURSDAY, FEBRUARYS, 1900.
JOVERNOR GOEBEL IS
Gallant Fight For Life
6:45 O'clock in
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
The courts have been appealed to by
the Democratic government, but so f;ir
their orders have been disregarded by
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
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
Ended Saturday at
"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:
am I going to get well? I want to know
the truth, for I have several th'nijs 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.
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
(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
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.
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
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
"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.
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-,.
Beckham advanced to the table
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
Clerk Shackelford then attested the
The first cfiicial action of Mr-. Beck
ham, was the appointment of a new
and Assistant Adjutant General
son. The order was as follows:
S;.ate of Kentucky,
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
(Signed) J. C. W. BECKHAM,
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,
(Signed) HARRY M'KAY,
Colonel and Aide-de- Camp, Governor's
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
"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."
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
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
"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
This wa3 agreeable to the attorney
for the plaintiff, and the matter was
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
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
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
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-
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
-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-
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
Late at night a member of the cabi
net said to a representative of the as
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
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
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
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
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
Declares That Section
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-.
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
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.
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
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
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.
WILLI Ail V. ALLEN.
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
Doily Dolnrs of Our National Legls
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
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.
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
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
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
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
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
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
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
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
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,?
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
The ferryboat City cf Norfolk task
at Norfolk. V, Saturday. .