North Carolina Newspapers

-t -
NO. 15.
Manhood Suffrage in
Proposed Constitutional Amendment,
Hi Quote Abundant ami Conclusive I
I I.egul Authority to f!iow That Sec
; tloa o in Not Only I'nr aiiHti tutlomtl,
I Hut That It Will Knll. Leaving The
Kematnrler of the Amendment to
Mnnd. If e Discuavti Judge Brown's
Proposed Amendment and Shows
I hat the Court Would Unquestion
ably Ignore any Attempt of the Leg
Muttiro tln Ir.ict It How to De
ride This or any Ol her Oncstlon. He
Brand the Charge of Negro Domlua
tlon as n Stand or on the State. Other
Feature or t:e Aineiidment I)ls-riiBsed.-llc
jjay hat the Proponed
Amendment Is Not Only Unconstitu
tional and Oangerom to the Liber
ties of Fifty 1hounnd White Men
In North Carolina, Hut That It is
iHshonest lu Its Method and Puts
the fouth In a Fale Po.ltton.
t " nt inuMt from l.i.t week.!
The V :.:ut.r from Louisiana (Mr.
(McEnery) 1 hU wlvjle contention,
an I understood him, nj, in the claim
that portion ' did not. disn'rirnlnate
ngnln-.t forim . rluv because tt (lid
not exclude them suffrage; but . on the
other hand. i.Vi.-li: ,lt'il ant:her class who
had n;i ln;:n in fw ltud. His con
ttntion. if I understood him. was that
portion I, limiting; to an educational
qualification end applying it tt all
ircch alike, wn., of course, constitu
tional (which everybody admit..), but
that when taction, " comes along and
confers a still wider 'Suffrage on ,t
certain clasa none of whom wei
', hlave, that this inclusion, not being
exclusion, Is not in violation of the fit-
leant h amendment. I have heard one
Y ther persons make the same
Vrument; net 'ln.thla body, however,
f. President, with all due respect to
y nator, candor forces me to say
H a thinner and more transparent
.iierfuge, p. weaker and more untena
i, argument, wns never advanced by
jr lawyer In the court honse, even
Jth the inott desperate case to tle
kd. I take it that the distinguished
iiator would not have the courage to
rloudy make that argument before
. e Supreme Couit of the United
la tea.
I Bui the Senator cite an authority
r Is as follows: McKierson vs. Block
(HO U. S., page 1). He quotes the
The ri?ht to vote Intended to bo pro
cted refers to the right to vote as
;tabliahed by the laws and constitu
"n of the Stae. There js no color for
contention that, under the amend
tit, every male inhabitant of tho
late, being a citizen of thn United
'ates, has. from the time of nia ma
irity, a right to vote for Presidential
p etor-.
quotes next from The State vs.
nk ft al. (91! U. S. Reports
) as follows:
this it appears that the right I
suffrage in not a necessary attri- !
ltft of natim? il rltl
i.mptlcn from di.sciimination i:i the
frcise of that right on account of
co, .etc., is; but it must be expressly
iTho only point that I could see that
Ittembted to make bv this ion
thaw i""rcveatel the words "ex-
y avoiTeu.
ut, Mr. President, the Senator's
' cvuLiiwiitj luuiaujn tiuutcimt luu
'uage with which to tiMwer his con-
ntion. Is not the 'inclusion of a clas
vto certain privilege which arc do
led to another class as much a dis-
imlnation as the direct exclusion of
e said class? When there is a dl.s-
iml'natlon In favcr of one clais there
necessarily at the f ame time a tlia
Imination against another class; and
not this discrimination "expressly
yen-el" in ectilon 5? The authority
cittia Is an authority against his
Of rrni rtu .t'S.i'-fil tr rw a,m man
ijlypei'-ot confer the right to vote on
iSfnyone. The States confer that right:
ut the fifteenth amendment says that
hen a State proceeds to confer that
light upciii its citizens It filial! not
Jhrtdge the nuffrage rights oi those
Lho have been In slavery. Abridge-
ent there can mpjn but on? thing.
id that Is that the States shall net
nfer lews suffrage privilege upon the
ass of former alaves than upon Its
her citizens. But if there was any
ubt about this question, the Supreme
ourt. in one terse sentence, lnterpret-
Jjidlog the flfte
!il"'Le of the U
Wiettled it. 1
eenth amendment. In tho
r'.ted States 3. Reese, baa
That sentence is as fol-
ll If citizens of one race having cer
H lln nuallfiftatlona ara nermitted bv
to vote, those of another having
I ame quAlincatlons must be.
I . ' .. . . T. . 1 . . . t . .if jr.M
U13 we tiuik 11 nviKm ii-o uiiic-i-
- whether the discrimination ts by
Icting directly the .suffrage prlv
; of another former slave or Indl-
fVV J rmwi a'mpt like wi lllCI
r; yet It is an abridgement within
meaning of the fifteenth amend-
1 that ttc-es not put beyond all ques-
u-lithe uncoufclltu-tionaMty of secMoa
St) except to have the court tft call
I section by name and apply the
e words to It.
t, Mr. President, I do not consider
.'-cfjssury to analyze the argument of
' from Ioukiana. even If it
'i Ue will remember that while the
fli tor waa delivering the speech I in-
pl iillil X.V 1V V fc-a Vii V. 1V1I7
. from the New Orleans Times
ocrat of Friday, March 18, 1838, in
v - . -tor strongly expressed
mm v
North Carolina and the
he same view that I now hold. The
etter Is as follows:
Washington, D. C, March 17, 1S9S.
To the Times-Democrat:
In 4V 3Y.'AM t ...... .1... . . t a.
, i taj mat eeeiion i is
grossly unconstitutional. I "have sub
mitted the same to some of the ablest
Democrats of the Senate, who are able
constitutional lawyers. They all con
cur In my opinion, that if adopted, the
effect will be to lose our representa
tion In Congress and in (the electoral
vote of the State. S. D. Me EN BUY.
The Sotnate will remember that when
I n-sked the Senator If he did not write
that letter and if i'ne wa.s not then, of
the opinion that the amendment was
"grossly u-nccDstitutlonar' he replied:
Yes, sir, whe.a the constitutional
convention was in sp!-ion I was tele
graphed to know what was my opinion
of this section 3. I replied to that tel
egram that la my opinion it was un
constitutional. I then received another
telegram, after Us adoption, to know
if. when it w'di attacked, I would de
fend it in the Senate of the United
Siates. To that telegram I replied that
I would.
So. Mr. President. I take it that the
Senator's speech was simply delivered
i'a response to that pledge to attempt
J " defend the "grossly unconstitution-
; a I thing ifhis State should unwiselv
I adopt it.
i nr?Pt.V Tr epviTA.) nvi.-
Tho Senator from Mississippi (Mr.
Money), if I remember correctly, citfd
only ouo authority in support of his
contention that section 5 is constitu
tional, and that was tho Mlslssippi
rniia In 1 1 o
in r. ,mi ii uic supreme. i..ourt sus-
jainco tae constitutionality of the Mis
M!"uni sunrage amendment; but the
..vv.,,,, yjL tulu t nt mat case i?
not in the least in point, but applies to
an entirely different constitutional pro-
vision, vv nat does the suffra.2-Q nrovis
ion of tin? Mis,'siippi constitution pro-
I happen not to have an official copv
of tiie constitution of Mississippi, and
this extract is taken from a magazine
arucie. out it provides that
On and after January 1, 1892, eery
elector shall, in addition to the fore
going qualifications, be able to read
and write an:y section of the consti
tlon of this State, ,or he shall be able
to understand the same when read to
him, or to give a (reasonable interpre
tation taereor.
Thi3 provision, as is readily seen
creates no privileged class. It does not
confer the right to vote upefn. one class
and deny it to another, but it provides
an educational qualiUcatlca which ap
pnes to all classes alike. It is similar
to section 4 of the proposal amend
ment in North Carolina, which every-
oooy uumit3 is constitutional. To mak
the Mississippi suffrage provision like
ine xortn Carolina amendment it
would be necessary to add another sec
tion following the section I have just
reau, wnicn would exempt a class
that is, taose who voted or fath
ers and grandfathers voted in 18G7 or
oeiore rrom the provisions of the
Mississippi constitution. But the Mis
bissippi constitution contains no such
provision. T,he court, in passing upon
uie sunrage provision of the Mississ
lnn( .mf-. A!...f. .
iim Luuiciikuiion, wiatea mat it was
clearly constitutional unless the S:ate
court should so construe that provis
ion or unless tts provisions should be
administered in a way to violate the
fifteenth amendment by denying the
former slaves and their descendants
the right to vote as conferred upon
otehr citizens. In short, as the court
said in WilLam.3 vs. Mississippi, in
I Issing upon the same provision
there wa j nothing unconstitutional in
the terms of the Mississippi suffrage
provision nor was there anything un
constitutional in its legal effect. The
court did not say. however, that
might be construed so as to make it
unconstitutional and tthat it might be
administered "with an evil eye aud an
unequal nana so as to make it uncon
r,t.,:i n .
Tv' -V-u ! r." " coun went on
i ' ' . f"' w lue ad " was pre
senited to the court did not show that
cither 'had been done; therefore the
court upheld its constitutionality.
But how different with the proposed
wireuuiuvm iu iorta Carolina, where
tiie ..Mississippi educational provision
is quaiifled ly section 5. In this case
tne unconstitutionality of the "grand
ia.iner section is apparent from its I
terms when interpreted according to
the rules I have referred to that is, in
the light of tho history of the times
and in view of the Jmmedlate and nec
essary effect. So the Mississippi cases
instead of being authority to fsupport
section 3, are strong and direct author
ity the other way. Mr. President,
section 5 of fche proposed amendment
can not be so construed or interpreted
as to make it constitutional. It can not
be administered so as to make it con-
flltutlctoal. It 13 unconstitutLonal
It aliancU on its face and by 1t3 neces
sary effect, by every rule of construc
tion that the court baa ever followed.
When the Senator from Alabama
(Mr. Morgan) delivered Oils speech on
this question, I sat near him and paid
the closest attention. On account of
his reputation as a constitutional law
yer I was very anxious to hear him
and curious to 'enow what kind of ar
gument the oould advance or what
(hitherto undiscovered opinion of the
Supreme Court he could adduce to
maintain the constitutionality of &uch
a thinly veiled subterfuge as section 5.
But for once. I was doomed (to disap
pointment when listening to the Sena
tor from Alabama. He did not at
tempt seriously to discuss and argue
the constitutionality of section 5.
Clearly he Is too wise and too good a
lawyer to put 'himself on record with
argument that would not bear the test
of analysis and comparison with de
cided cases.
So he contented himself wMi ex
pressing ian opinion that the Mississ
ippi cases applied to section 5 and
then devoting all of the remainder of
his speech to a discussion cf the dan
gers of reconstruction and using high
sounding phrases about the. magnitude
of the difference between the Anglo
Saxon and the "African.'. The- r-ame Is
true in this respect of the sfpacehes of
the othtr two Senators. Woat legal
argument they essayed Co put forth
seema to Indicate that they are influ
t nced more by their desires and hopes
than by their Judgment. Their
speeches would no doubt be fitting la
a campaign where "nig-ger" was to bo
the slogan and race prejudice must ba
aroused-in order to prevent the calm
and deliberate consMeraticin of argu
ment and to banish reason and to en
throne In 1U stead passion and preju
dice; and, whether so intended or not,
this will be the chief use to which
their speeches will be put In the com
ing campaign in North Carolina. But
I submit that such a discussion of the
difference between the Anglo-Saxon
and the African does ant seem fitting
in the United States Senate when a
greaJt legal and constitutional question
Is under consideration, and surely,
their authors could not expect such
speeches to be listened to with much
patience should they attempt to deliv-;
er them before the greatest and ablest
couift in the world while this constitu
tional question was being considered j
far adjudication.
Mr.' President, the fldontlnn 'of this i
novel scheme of attempting to evade
the fifteenth amendment in Louisiana'
and the proposed attempt in Nortn
Canolina has attracted a great deal of
attention from the legal profession
and the law journals. I have a my
desk the Harvard Law Review of De
cember, 1899, which contains an able
and thoughtful article toy Amasa M.
Eton on this queJtlon, to which I
have already referred. After reviewing
the whole question at length from a
legal standpoint, he contends that the
court must necessarily declare section
unconstitutional. He himself ex
presses doubt as to the wisdom of tho
adoption of the fifteenth amendment,
but calls attention to the fact that this
ft.s nothing whatever to do with the
constitutionality of the proposed suf
frage amendment.
A numler of other law louiiaals have i
discussed It, and &o far as I have seen
not a single cne haa attempted to up
hold its constitutionality. I have, a
copy of the currenit number of Law
Notes, with a comment upon th?
speech delivered by my colleague, in
which the editor takes the same posi
tion, he editor also cites the opinion
of Mr. William D. Guthrde, of the New
York bar, as a good constitutional au
Mr. Guthrie was one of tha distin
guished lawyers associated with Mr.
Choate 4n arguing the income tax cases
before the Supreme Court, and is re
cognized as one of the ablest constitu
tional lawyers in the United States.
In his law lectures on the fourteenth
and fifteenth amendments, he refers to
and discusses Sao constitutional amend
meiit of Louisiana, and the proposed
one in North Carolina i3 like t- Ho
declares, commenting upon section 5.
the "grandfather clause," that it is a
travesty of constitutional justaca" I
do not put my hand just now upon the
extract from Mr. Guthnle's lectures, in
which he declared the proposed consti
tutional amendment is a travesty of
constitutional justice, but I will ask
permission to put It in my remarks.
The matter referred to is as follows:
This travesty of constitutional jus
tice oug'ht to be brougfot to the test in
the Federal courts at the earliest pos
sible moment. If such a provision can
be sustained as within the power of
the States to regulate the qualification
of voters, the result ought to be the
dlminutiota of Louisiana's representa
tion in Congress and in the electoral
college in proportion to the excluded
negro vote.
Ex-Senator Edmunds, who is recog
niized as one of 'the. greatest, if not the
greatest, living constitutional lawyers,
has declared section 5 of tha Louisiana
amendment unconstitutional, and he is
aUo of the opinion that section 5 would
fall and Uit the remainder of the
amendment would stand. But I will
discuss that feature of the question in
a few minutes.
In this connection I also call atten
tion to the recent action of the Georgia
legislature in vot'ing down a similar
amendment by the overwhelming ma
jority of 137 to 3. In the debate the
members took the position that section'
5 was not only unconstitutional, but
that it was an unmanly isubterfuge,
was unjust and wa.s not necessary. I
have condensed the debate on this
question before the Geofgia legislature,
as published in the Atlanta papers,
and will ask permission Ito put it into
the Record as part of my remarks.
I ask permission to put the extracts
from that debate in my remarks be
cause I think the Senate and the coun
try ought to. see the argument, the le
gal opinions, and the doubts expressed
that influenced the Georgia legislature
in repudiating this dangerous uncan
did, and unmanly scheme.
The Atlanta (Ga) Constitution of
November 29, 1899, g'iving a report of
the legislative proceedings said:
""The only voice raised in defense of
the measure was that of its author,
who made an able, though ineffective
argument, wihile naif a dozen leading
members of the House took the floor1
in protest against the passage of the
bill, which they pronounced an open
and admitted discrimination against
one class of citizens in the State. After
the previous question had been called.
shutting off debate on the issue," an ef
fort wa3 made to lay the bill on the
table, paitly out of deference to its
author atod in view of the stubborn op
position with which it met, as well as
the certainty that it would meet defeat
if put on its passage. The main line
of opposition to the Hardwick bill
brought out in debate was against the
grandfather clause.
"Mr. Copeland, of Walker, addressed
the chair. He said: 'If I properly
understand this measure, it is radical,
unjust, and unfa'ir. I am in favor of
no amendment to,ithe contsitution or
change in the law that does not meet
with the approval of the qualified vot
ers of the State, and I am satisfied that
the people- of Georgia would not and
never have given thek- approval to so
radical a change as this. No one ap
preciates more than I the deplorable
condition of the ballot In our State to
day, but I submit that this measure is l
not the proper one to work the change
so much needed. I wish to remind the
House that for every one who sells his
vote there is one who buys it, and the
wrong in dne case is as great as in the
other.' Mr. Copeland proceeded to
make an able presentation of the rea
sons against the passage of the meas
ure, and was once interupted by loud
"Mr. Harrison, of Quitmanv declared
the proposed measure harsher in every
respect than any reforra bill ever en
acted Into law in any f the Southern
States except Louisiana. He said: 'In
.Mississippi some educational qualifi
cation is imposed by recent enactment,
II 1
Points Out The Dangers Behind The Constitu
tional Amendment.
Illiterate White Voter Will Be Robbed of His Right to
Vote, and Put on a Plane Lower Than the Town
Negro and "Spider-Legged" Dude True
Democrats Against Ring RuleHe Stands
For Manhood Suffrage? and the Rule
of the People.
The Cauca&ion clips the following 1
extract from a recent speech from Hon.
D. M. Luther, a democratic lawyer of
Ashc-ville. Mr. Luther is President of
the Zeb Vance Clubs of Buncombe
county, and is cfr.e of the most prom
inent and active Democrats in western
North Carolina. In his speech he
said: j
"The question that is now before the j
people of North Carolina, is on in
which all citizens, without regard to
r .:tAn rt
i race, color or previous iwumuu u
j servitude, feel the greatest interest of
itny question that has come before the
people of this State since the declara
tion of independence at the city of
Charlotte on the 20th day of May, 1775.
It is a question which involves the
freedom of every citizen of the State.
Ths right of suffrage which is be
queathed to u by our forefathers has
been invaded, and a strong effort is
being made, and will be made until
our next election, to rob us of the priv
ilege of casting our votes as freemen,
and co filch from us the rights which
cost the blood of sa many of our.noble
TATION. ' Our forefathers declared that taxa
tion without representation was tyran
iny but Lord North amd his administra
tion declared that the edict must be
consummated which "lost to England
the American colonies and laid the
foundation of the greatest government
now on the face of the globe. Now we
who have inherited the blessing of this
atter the lapse of one hundred and
thirty years, declare .the same truth
that taxation without representation
is tyranny, and we are willing to make
any sacrifice in order to defeat the
amendment now proposed to the State
constitution, and to perpetuate the
rdgiits of free suffrage guaranteed to
every citizen by the constitution of the
United States.
"I see before me tonight many vete
rans wrho went forth in the dark days
of 1860 and 1361. to figh for those prin
ciples that you believed to be right and
just and in the defense of your homes
and firesides, and for your own Sunny
South, and we were willing to lay
down your lives, and many of you to
day on account of pour patriotism at
that time are unable to "read and
write any section of the constitution
of North Carolina," as is prescribed in
article fourth of the proposed amend
ment, and therefore, if such amend
ment is carried, will be disfranchised
and placed upon the level of a convict
felon. I call on you young men, the
sons of these veterans, to remember
whose sons you are and whose inher
itance you possess, to go to the ballot
box and cast your votes to defeat the
measure tnat would bring shame and
disgrace on your fathers amd your
neighbors and your own native State.
THING. "They tell you no white man will be
disfranchised under this amendment,
but if section. 5 is declared unconstitu
tional by our national Supreme Court
then the white man ajd the negro are
placed upon the came plane of an edu
cational qualification, and in, our tum
ble opinion, In western' North Carolina
there will be at least three white men
disfranchise! to one negro. And again,
the man who Is a freeholder, and who
owns anywhere from $4,000 to $10,000
worth of property, and pays taxes on
the same, but who Is unable to read
and write any section of the constitu
tion, will be disfranchised; while the
'spider-legged dude,' who does not own
a dollar's worth of property In the
world, and is indebted for the suit of
clothes that he wears, and owes hi3
landlady a board 'bill, but who can
iread and write, will be protected in his
right to vote. The-hoary-handed son
of a toil,' who earns his Hying by the
sweat of his brow, and who pays his
honest debts, is robbed of his 'vote
polely because of Ihis lack of book edu
cation, while the educated negro and
dude will be allowed to vote over him.
"I believe in the grand principles of
Democracy as laid down by Jefferson
advocated by Jackson, Tllden, Bryan
and Vance; in the motto of njjfjversa!
suffrage to all and special privileges to
none. If there is any Democrat "here
to-night who can show me by one
word or sentence ever uttered or writ
ten by our great states man, hero and
patriot, Z&bukxs E- Vancp. dVooatiitg
the disfranchisement of any citi2en of
North Carolina, I will then support the
amendment. Although the Hds of
Vance are now - forever silept, - his
Mil II
teachings of universal suffrage will go
ringing down the grooves of time,
awaking thrills of patrioiical devotion
in the breast of every true son of the
Old North State,
"But, my friends, I dont believe in
the Democracy of Benjamin R, Till
mam and his associates, who advocate
contraction of suffrage to a limited
few, and the placing of the power of
the ballot in the hands of a Bourbon
"I ask you tonight, my friends, what
Democracy means? If its tme meaning
isn't a government of the people and
for the people, confen-ing the greatest
good upon the greatest number of its
citizens? And I contend tonight if this,
constitutional amendment is adopted,
that we will not have a Democratic
form of government In Noi'tli Carolina,
because the franchise will be limited
to a minority of the quaiifled voters of
the State, and that the clicks and rings
of each ofhe political parties will ma
nipulate and control the affairs of the
State and county absolutely Independ
ently of the votes of our people. May
that (hide from me the day that condi
tion shall envelope my own native
State. If it oornes, the freedam and
liberty which our forefathers fought
bled and died for, and which they be
queathed to us, their children the
rich inheritance of political freedom
will (have become as "soundling brass
and a tinkling cymbal,' and we will bo
owned and controlled by political
tricksters amd charlatans."
Revolution Wrought by tne .Magazine Rifle,
Smokeless -fowder and Artillery.
The invention of the magazine rifle
was the beginning of the end of war.
The modern rifle is not only more rap
id but it has greater precision and wid
er range. It has a range from three to
four miles, and this Increases its ef
fectiveness immensely, lu the last
great war it was necessary to sight the
rifle high no that it bad no effective
ness between the muzzle and the point
where It approached the ground again;
the modern rifle missile proceeds at the
same distance from the ground for
more than a mile, and will kill or
wound any living thing it strikes in Its
course. At a near range it will go
through a file of soldiers. The rifle of
to-morrow will be forty times as of":,r-
tive as the Chassepot of the Frauct-
Prussian War. With this rifle a soldier
can carry rive hundred and seventy-,
rive cartridges where he carried only
eight3'-four with the old style.
The invention of smokeless powder
lis equally important. It demolishes
the screen behind which human beings
have fought and died. Every soldier
in the fighting-line will see with fright
ful distinctness the havoic being made
in the ranks by the shot and shell of
the enemy, causing an immense strain
upou the nerve and morale of the
army. An army on the march, without
hearing anything, will be apprised of
the proximity of the enemy by seeing
men drop, killed and wounded. There
will be nothing along the whole line
of the horizon to show whence the
death-dealing missiles come.
The artillery branch of the service
has made even greater advance. The
French gun of to-day Is one hundred
and sixteen times as effective as that
In use twenty years ago against the
Germans. By. the use of range-tinders
a great saving in time and in ammuni
tion has been effected. While the
range has increased, the explosive
power of the projectiles has enormous
ly developed. It is "estimated that If
a force of ten thousand men, advan
cing to an attack, had to traverse a
distance of one and one-half miles un
der the lire of a single battery, the
bursting of shells thrown by that bat
tery would scatter two hundred and
seventy-five thousand bullets in frag
ments over the line of advance. Ar
gonaut. Bound to Depart.
San Francisco Wave: A youthful
Stockton man rushed to catch a river
boat for San Francisco, but was about
two minutes ' late. The steamer was
six feet out as he reached the dock.
He swung his grip aboard and, jump
ing, caught a rope and a post and held
fast. Every one imagined he had fallen
in. Tne captain, peering over the side,
saw his intrepid passenger. "Here,
you," he shouted, "by Jimlny crickets,
don't you ever do that again!" The
passenger had hauled himself aboard
by this time, and, turning, a look ol
scorn at the captain, said; "What do
you think I'm going to do jump bacr
and try it over?"
A few years ago the Koreans came
irk Washington in the auaintest of Ori
ental garbs, from which they never de
viated, wnnler tne ivorean Minis
ter is making the afternoon social
i rounds In a Prince Albert and striped
To the Senate Pension Bills In the
Sixty-seventh day. The Senate com.
T1tx OQappropriatkm authorised a
favorable report oa the House MIL pro
Tiding that the revenues collected frora
Porto Rico be expended in that Island.
The bill wa amended toub Include
the money collected to January 1. 1900.
The clause of the bill authorizing the
refunding of future revenue collections
was stricken out.
Sixty-ninCJh Day. The Stuito com- j
miuee on foreign relations reported the
Hay-Iiunotfote treaty to tha Senate
with an amendment reserving the
right to Of fend the canal In case of
war. The amendment merely place
limitation upon the restriction in ar
ticle 2, and is oa follow: Insert at
the enU- of 6ecUon S of article 2, the
following: "It is agreed, however.
that none of the Immediately foregoing
conditions and exipu rations in- sections
numeral 1, 2, 3. 4 and S of this xrtkl?
shall apply to measures which the Uni
ted States may find it necoss" to
tike for securing by it own fcoxehe
defence of the United States and th
maintenance of public order."
The concitislcQ to re port the treaty
with this amendment was reached af
ter a session of the ooanmltteo, la
wnich Sentiitor Morgan very strenuous,
ly opposed the amendment. He was,
however, the only Senator la opposi
tion. Senators- Bacon and Daniel, the
other Democratic members of the com
mittee, vctinig with the Republican
members for the amendment, an'd then
for a resolution to report.
Seventieth Day. While tho Senate
had dipl'om-aiUlc an! consular appro-
PTlaticn bells) unier consideration a
lively debate was predpitated 'by an
amendment proposed by Mr. Hoar of
Massachusetts, proposing to give Form
er Quefen Liliuok&land of Hawaii $20,
000 and laa annuity of $10,000. The.
amsnxiixisntt was tattled finally without
division. Ttie pending bell was paasedj
wit-h a few minor amendments.
The re-malm?sr of the e6sion- was de
voted to eulogies of the late Monroe L.'
Haywaird, who as elected Senator from
Nebraska, but died balbre the opening
of the present session of Congress.
Sixty-seventh day. The death of
Representative Harmer, of Pennsylva-'
rda, "the Father of the House," cast a
deep gloom over the House. Although
he was known to be in feeble health,
his death came as a shock to his col
leagues, by whom he was universally,
beloved. Mr. Harmer was the oldest
member of the House, both In length of
service and of continuVi service, and
was, therefore, entitled to the distinc
tion of the Father of the House. As
such it was his duty to swear in tho
incoming Speaker at the opening of
each Congress, and this was the occa
sion of his only appearance in the
Houes this season.
Sixty-nlntli Day. The first day pen
sion session of the House provided for.
j under (the new rule proved a eucccss.
j I Here was conrparatnvely little fric
tion, and 97 bills were favorably acted
upon in committee of the whol an I
snibsequently passed by the House.
The only iacident was a brisk ex
change between Mr. Loud, of Califor
nia., and Mr. Sulloway, of New Hamp
shire, upon the general policy of spe
cial pension legislation, in which the
former attacked and the latter defen
ded the system. "
When it was (moved that the House
go Into committee of the whole to con
aMer privtaite pension bills. Mr. Tal
bert, of South Carolina, true to his
announced plan, made the point of n-
quorum. The Speaker was unable to
count more than 116 members present
and the doors were closed and a call of
the House ordered. The presence of
218 members- resulted and the commit
tee began its proceedingj.
Mr. Loud, in n-ls remarks, asserted
that 95 per cent, of the special bills
passed by Congress should raver ihave
been favorably cocsiderod. All of Chens
had been rejected by the Pension offce.
S. venLleith Day. The hour agreed to
tnke ug the bill providing a govern
ment ir Hawaii of April 3. the final
roi)5 to b3 taken of April 5, at 1 p. m.
Ooni-ldcratioc of the Wise-Youn e!ec
tion e&nteet was resumed and occupied
the remainder of the session.
Ont of Fashion la This Cooitrr, bat Earepe
Is Esjer For It
The great size often reached by this
tree, the richness of the dark-brown
wood, the unique beauty of the gralt,
sometimes found in burls, knots, feath
ers, and In the curl of the roots, all
conspire to make this the most choice
and high-priced of all our native
woods says a writer in the Berea
Twenty-five years ago walnut was
etxenslvely used In the manufacture of
fine furniture and finishings in this
country, but manufacturers adroitly
drew attention to the beauty of darkly
stained quartered oak, and the use of
the rarer wood has greatly declined.
But all this time the search for fine
black walnut logs has gone on system
atically, thought quietly, the trade at-
'traeting little attention, though the
volume of lumber handled has been
large. Though found to some extent In
the Atlantic States from Massachu
setts southward, the great source of
supply has beeu the central portions of
the Mississippi valley. The walnut Is j
at home In the rich alluvial bottom ;
lands of the Western streams and In
the stony limestone soils of the hills
and mountains, and in such localities
the buyers have left few trees nnsur
veyed. Throughout Eastern Kansas,
Missouri and Arkansas, as "well as tbe
States along the Ohio and Its tribu
taries, may be seen a few loss at this
little station, a car or two at that, with
carefully hewn sides and painted end
ready for the market.
If you ask where the market Is you
will find that the great bulk of thls
rare lumber goes to Europe.
While we hare been led Into an en
thusiastic admiration for fine oak,
stained according to the degree of an
tiquity it is supposed to represent our
European cousins have been paying
fancy prices for tbe rich black walnut
that we have allowed to go "out of
Tie "Boston Journal puts it in thit
ray: "Congressman eject Uobeita
rill return to his families.
Difljcronsly Near the Vcrre cf Chlf
Taylor and Peckhsm Each Order Out
the Militia State Mouse Qnum4$
Again Surrounded With Troops.
Frankfort, Ky.. ftpeliL The i.u
tAon (here fuses reach! point rf ex-
cuement alam apppooaiikn; that of
,the Rtimag tin iaimedLatcfy follow.
4nc tb aaeaifttln-nlon of Goebf-I. The
TvLoefjUtrmmt of the military pjwer .'a
complete cotxrol cl the State rxvut'r
buiriER and the nrvu-l of tle military
auihuritleH to allow the krul pz'J-s
and civil officers to eocer the buiMinj
iVr tho purpOHe of arrewtins: STvtirj
of State Caleb Ien ard Cape Joui.
W. Darts, eh-argr-d tn being acc--oories
to the Goo1m- assaivrlnaUoa, a si
the probability of a conflict bvuem
tho civil ncd m:Ltiry authorities hzj
made the eCi-aiSHon lookaei loua Sutur-j
day anomin? Olty Marshal Rk!hardon J
anolled t th rri tn.n.i , ni
domaaied to be aJn:ktcd for the p.r.
pose of arrcecing Powers and lUvu.
but wus turned lack and tho a arran s
wre then turned tvt to Sheriff Su:e?. !
Tho latter idso p;end hladf at j
tho exccutilve buChLas and dcmatdc-K
admictanre. lis was rrmed by th!
- - ..... fa-.r.4W, I
t2 latter being found, said: "I ant
sorry, Mr. Sheriff, but It ts against
Cw. Taylor's ordtrs to let any one Inu
the building."
SLerlff Suiter thco. Lteld a consul:
Hon with County Attorney Iangrovc,
Commonwealth Al'jurncy Franklin and
other officials. Meantime the iiollce
force bail been doubled anl a detail
gutamded c&h of Che entrances to th
State House grounds to prevent th
men waxCted from escaping. At the
conference between the officials it wa
decided that the (fieri ff tvhuuld rum
moa a large rettrvo crve. of (Kptitles,
to be colled' into use In tho evcr.t It
was Oenldei to attempt to enter the
building by furv? to make iha arrtxV a,
and in puratance of this, tiie shtclfl
eworein CO men, who were sUUonel In
the ncighborhooi of tho sheriffs offi
(Luring the afternoon. Sh-r;lT Subt
made antather atteraiA to ec an u
tEence with Gov. Taylor n tiie after
raooni init was unsuocuful. Ine
sticee'ts were fairly blocked w ith p?oy5
in the vicinity of 1he State ll u, Lu!
thero waa no open demons a tivn,
though it was evident that the popu
lace was on the ride of tbe civil au
thorities. At 3 o'clock Sheriff Sutcr,
bavins fa fled to get any rt of unW
standing with the military cuthorltlej
as to the Gcreet of the pir;ici. .jb-
a. - M ai . r- a . . .
micico (.no o aeotuci-auc uui, (
Beckham to decide to what extent the
civil officers thould go to gain ad
mittamce to the bullling for the pur
pose of anakirg the arrests.
It is said that Itnocrttic Gov. IWk
ham will noC give an answer to Sheriff
Suter'a request for in&trufilona l4
Rxnetlme kater la the week and aUne
the escape of Powers sad Davis h
may decide that the changed cocditloni
of affairs does cot necessitate the gi-
hfl" aff 'HCt T- laf CiT1 sTsTl Vl 1 hi. tttlTt
avu va a aaaw van. vivhh vata, aa.v a-- m
Triplet rcaoIutkni authorizing :ns
expenditure cf $100,000 in arming am
equipping a State guard under Hot.
Beckham and Adjt. Gen. Cattleman,
will come up in the house Tueadiy, an
it is told that Cor. Beckham baa !
ternxlziied to wait until after the boa
sasje of the messure, when, if me i
wanted by civil officers were acill Uir
rlcaded In the State hiri, he w oall
call on Adjt. Geni Ca&tlemaa ual au
thorize him to muster in enough met
to take th'd prisoners. Since the t
cape of Powers anil Davis, h
the con!-'J!oaa have changed, ar. 1
wibat will be done now depend alto
gether unon- their ifuture ci.vemfnt.
The events of the day served to ph'K
very forcibly that the State guard 4
j at present organized Ioea not unan'-,
"mously recognize Taylor as governor
j Lieut. Sharks refused to musVr in :ti
i London company in response to a tcleV
gram from Gdv. Taylor ordering lira
to .brintg the company here, and tie
Lexington companfes also refused.
Maj. Robert Kenedy of one of tbs
Lexington companies, came here and
personally tendered to Gov. Bet-khan
the services of the Third battalion o!
the Second regiment. Ho aso state
that 50 men are guarding' the com.
pany's armory and will reoocnixe only
Beck&tam as gwroor.
No Chromoa With Cigarettes.
Washington, D. C, Special. Com
missSoner Wilson, of the internal rere
nrue (has decVffled to proceed against the
-aaanuacttarerB of tobacco and cigar
ettes who violate seotloa 10 of the act
of July 24, 1897. This section pro
hibits placing In or connecting; with
packages of smokicg tobacoo aod fine
cut ctbewicrg and cigarettes and article
or thing wbateJoeveT other than the
inanruilacturer's -wiapoe: amd labeia.
and excludes all gifts, prtzes, prem
iums, etc. or orders for the sun, To
day the cooacniasioner sent telegraphia
Insanactiom to collectors of iaXernal
revenue that Oris act must be strictly
British Lasses,
lxxotoo. Br Cable. The latest offi
cial figures of casualties In South Af
rica, rfaow thct the British total !a
killed, wounded asd nrlssing is 1I.C34
to which about 70 ere stddafcle. Ac
cording fro che latest official figures, cf
&63 officers and 7,108 men wounded,
only 347 died. Axd of a total of 2.K4
deaths only about 800 were due to dis
ease. Queen's Visit Ended.
Londbra, By Cable. Queea Victoria
brought her visit to London to a close
Saturday evening and returned to
Wln3or aiUer an Inspection of two
bafJtalitJQS of the guards. 'TLTOughout
the day vast cwwds gathered outalde
BockirG'lram palace and along the ad
Tjertfeel route t the railroad station,
and when, the royal carriage finally
started for Hyde perk.- ot Its way to
Pttfidlngton. the enthueiasni broke out
tnto cheers, wtioh almost waa tm
bxoksB tsxd hsj traja deyJlyX
Tbe Court ef Fv.ats 'tm flarroy
to Maateo.
The irvn tu!n rlllax for saore ne
fhe wonderful W el'Yt&eal "f the gld
ly fields and ta.Drl ortw-tira la
zarty court!, sad the s;rl ssmtt
of ruttoo lull! rmiduye add! U Cho
eoaautuitif topulti.m la ireetcr
North tifvl fc tb orfialcf jrr. all
r.Ire prv"CiLc it a r-eUr ltorrse4 !
paADd f r frm rd-.Kts. especially th
small by-irliMt. iu h a tulirr.
fni!t. tiivWa truck, tail, butter. te
ut lartreT W hun-ue the sis
jlwlr ptnliry yards and emteud tb
toundar.t-s of tbHr urrhsrd afid far
I'cti thu tprtas: m.U nuke n mistake.
lo-cSI-l .m!l farm! ex U sure to
jnfi table in sctra North frx4lns.
A nr:Teiiotdrnt ar.tloc to the At
lvnt Jotwttsl frvra Charlotte
h'eMrrdsy afterxx"n a Al--klenlMirc
frmr eold to a Charlotte buyer
bls of rottita -f t!ie crop of
Lhh he bad frt.r4 In a bars -e.-alnre.
He rrteived m.ts pec pound
fur :de. the bsJ acarrcaUac
07r. This tracasrtkjQ furnUbe m
taais 1jt aa lateretl&c calculation. n
the (rutin tits. If t!i ta ot thaa
tuirktttd hU 20 tU-a tjn co
te,! in 75 he twuld have ree!d 17
cents p- jiound fur It. or atut S1.3&I.
as the prlcj In S".m rarl fnm II
X-14 tJ 1TJ-2 crt.t: had he received
his f 1.134 at C rr c nt. It er-t and
saved tha irmceds he uld now have
uiethlac I ke $2.U0 as the tK r-ult
f njrrL tlEi? 20 biles f i.n. Tbua
it Is seen that In this raate It did ar t
pay to "hold fotida." en (hunch tt)
Ion had la euttaiferd la rll;!.
whb h. hoe-r. would smouet bJ con
fiderable In 25 yrara. The farmer'
actual lota u aliout :0.
Adjutant G-teral Itoyster b:i b
Washington this week to unr.e with
other National Guard officers la s-ectir.
ing tbe ? cf the nillltia law
of 1H95. which will give t. the entity
National Guard of the riun!ry fl.WW.
000 a year In ordinance and quarter
master's a:ores. TLU w.Il clre Nrt!t
Carolina about $V).ot. If the amend
tnert la adopted the Guard In this
State will be put in the (-ry b-t
shape. This state outfht to hsve almit
4,000 Gusrdmnt aad naval tn1l:tla.
always ready for a State of national
Rutherford and Cleveland countle
are enjoying a small mining lm
which promises larare results. J. W.
Johnston, of Washlnrton, c. 1. act
ing for a IVnn)lvsnia company, la
working the ld Monarch srll tuln.
five milaa sKith of Rutherford. A Mr
.Herron, of Trenton. X. Is crying to
F-rure control of t!w Allen mine. th
old Leod's gold mine. Tbe Hoocler
gold mlno Is worklnar and tbe uouai'U
operation are InrreaJng
Judge Walter Clark's flue biik
hotel at lUdLVa wtaat trurnci Ttxmlay
morning at about 2:20 oVlork and th
bulldlcg and moat of the. content ar
total 1 o see. The hotel v. as a rpleadid
taree(,tory brick rtrwture. and cost
$14,000 to build. It la staid that Jndg
Clark dJd not harvw a &.j(iar of Insur
ance on it. The nous waa lej4 ty
Mrs. M. A. Slater, who niduiied It
Mia MollJe Little, of Mace. Meck
lenburg county, took laudanum a fw
day ago and dlfd. XKsaprtinUueot
In love, rather unreqult'd live., was
the cause. A young man who hid
forika hr married an ae eu-ie sua
hour after her death. Khe knew th
wedding was to be and decld! to die.
Tho Sloan Clothing Company. f
i B-stesTlIle, with a cap'taj of $7-fK
las granted articles of lnmriKrar.ou
ffXrrdiy. Tts Itr,iratrw ere J. t.
!oan. B. If. Adama, IL L 1'Jt.tori and
J. J. Snellen.
There la a plan on f jot to orrsr.i
a Wf0rm Norh Carol Ira bsru errn
s lifting of teams from CJharktfte, Ojt
crd. Stateavllle and KalLdmry. It i
the purpoae of the promoters w Li I he
teams are organized and the lect
formed to give each cliy repr9nted
two ganvix of ball each wek.
The mining IntTeats In Greenville
tvA the adjolalcg count lea aaoiiminx
large proportions. A large capw.all
named Durges Sjaa bought be eld Tan
ey mine and Maj.r J. T. Yanrr'e
borne place of IX) acr at a M
price and is putting In th moift ap
proved mining machinery. Oaford
Laft week Mr. J. W.! 1, roana.
fer of tbe Cumberland county .lUno
ary. paid over $1J"0 esh to the, t-hy
if Fayetbvllle and the county of Ctttn
lrlaDd. It was only last January that
ie made a similar payment. Fr.yettt
llle Observer.
The News Wjra hit the mrftinsi
for the K'W coffin factory at Cbarloda
fcas tscrlTt'S a&l the fartcary will soot
be la op or all ca.
The pine lumber men of Easters
North Carolina hare a pan eat. Oo
who lately tad a little raw mill now
o-ns 14 curh mills, all of Piich are If
operatjoa. and it is said hi ixt ts.
come X37V cxm 3ua $'-9 a day. On
man lately bought a timbrr trart Vx
$12,000, sold It for $1C,000. and In tea
days St was resold for $28,000.
Mr. Will B. Snow and Mr. Homes
fVheex- have bco&ht the bake worhj
K CapC W. f L Enow sc Iflgh Paint
and fornxxl a wto.-k company with s
capital of $10,000. The offiorra of On
osnpaotr will be Mr. W. B. Scow
president: Mr. C A. Snow, rice pread
dent and Mr. Homer Wbeakr, seers
tary and treasorer.
The laet of tCae rail for the Cheraw-
Colunrhea link of the Seaboard Ail
Line ia tsefesr carried downs and tbe
track Hying will be completed rn s
day or two. Regular trains will likely
be running tfercogCi to Columbia wrttn
In the zseat tx wveks.
Wllmlncton ta diacnsswng t&e fpraces
c ability of orga&izinar a shirt asd crthu
factory wiXh a capXil roek of $2G,00C
or $0,000; commenoinc traslcess wii
$20,000 or f?.OG0 end drsrwicaT os
stockholders for balance as cctosjOs
wou4d demand.
The Greensboro Record says that
while tryCss a case la a magistrate f
court Spencer B. Adams and John X
Barrinsr. counsel on oppcolts ssdes
nearly came to blows and lusft to b
separated by Constable Weatherly.
E. B. Ctixre, Esq.. of Hickory, is
Candida for the Democratic smnina
tion for Judge In the Tenth Jodie!'
Mr. W. A. FoS. of Coocord. has
bocght the Sparkling Cucmwba. Sprtng
this year and wiQ conduct U lj first
CU& ae1v ,

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