7
CAUCASIAN.
VOL. XVIII.
RALEIGH, NORTH CAROLINA, THURSDAY, MARCH 22, 1900.
NO. 1G.
I
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I
s.
4
1
3
lit!
i
Mp
R BUTLER'S
Manhood Suffrage in North Carolina and the
Proposed Constitutional Amendment.
I Gil
CLAUSE OF
lie Quoit Abundant and Conclusive I
Legal Authority to Show That Sec
tion 5 Is Not Ouly Unconstitutional,
nut That It Will Fall, Leaving The
Itcinalnder of the Amendment to
Stand. He Discusses Judge Brown's
Proposed Amendment and Shows
That the Court Would Unquestion
ably Ignore any Attempt of the Leg
Islature to In trurt It How to De
cide Tills or any Olhe r Question. He
Drauds the Charge of Negro Domina
tion as a Slander on the St ate.--Ot her
Features of the Amendment Dls-cu8sed,-Ho
Says That the Proposed
Amendment Is Not Only Unconstitu
tional nnd Dangerous to the Liber
ties of Fifty Thousand White Men
In North Carolina, Hut That It Is
Dishonest In Its Method and Puts
the South In a FaUe Poiltlon.
(Continued from la?t week.)
THE REMAINDER OF THE AMEND
MENT WILL STAND.
Mr. President, I come now to consid
er the second question, which is: Sec
tion 5 being unconstitutional, will the
court 'in declaring it so hold that all
the amendment mutt fall, or that only
Kpotlon f (the unconstitutional part)
must full, leaving the remainder of the
amendment, which is clearly constitu
tional, t.j stand? In my opinion the
court would follow the many prece
dent already laid down in similar
canes, and hold that, inasmuch as sec
tion 5 ha.-! one object and the remain
der of the amendment has a very diff
erent object and are therefore severa
ble, ami inasmuch as the amendment
with dfction 5 (the unconstitutional
part) left out would Ptill be operative
and ir tHligible and would make a
complete and constitutional scheme
for limiting suffrage, it would stand,
while Miction 3 would be ellmilnated.
I make the statement as my opinion
because the decisions of the Supreme
Court isusitain that opinion, which I
will presently show. Hut before pro
ceeding to quote time authorities and
make an argument upon them, I wish
to note? briefly the two cases cited by
tho Senator Urora Mississippi (Mr.
Money) which he claims establish a
different doctrine. He read first from
Spraguo vs. Thompson. (118 If. S., page
90). as follows:
The Insuperable difficulty with the
application of a principle of construc
tion to the present Instance is that by
rejection the exception intended by
the legislature of Georgia the statute is
made to enact what confessedly the
legislature never meant. It corfers
upon the statute a positive operation
beyond the legislative Intent, and be
yond what anyone could say It would
have enacted, in view of the Illegality
of the exception.
Next he cites Warren vs. Mayor end
Aldermen of Charleston (68 (Mass.)
and quotes the following from that de
cision: "" " parts cf a statute are so mutu
aiij v.vunected and dependent as con
ditions, considerations, or compensa
tions for each other as to warrant a
belief that the legislature intended
them as a whole, and that if all could
ynot he carried into effect the legisla
ture would not pass the residue Inde
pendently If such parts are unconstl
Aianal and void, all the provisions
k .nich are thus dependent, conditional.
FATHER
CLEARLY
I, f or connected must fall with them.
- ino senator irom .Mississippi, alter
;n Veadlne the.se two decisions, nnn n do.
(: a,oision of the Supreme Court and the
r ' 'cither a decision of the State court of
Massac.hiusett3, proceeded to say that
inese cases were not onlv exactly In
Int but that they settled the ques-
lon. The Senate will remember that
V tfk;at poind in hli speech. I asked
T Mission to interrupt the Senator;
that I (had on my desk nine or ten
volumes of the 'Supreme Court Reports,
and held In my hand a statement of the
cases In those reports which I stated
showed that ith. Senator was wrong aa
to the weight of authority on hils side.
I asked permission of the Senator to
ttft-'u from these cases, which he de
clined. I then asked permission for a
simple statement of the names of the
cases to go into the Record with hl$
speech, bo that those who read ihV
epeeca might also, if they desired, read
these oases and know what the court
had held. The Senator declined to
permit even the title of these cases to
go Into the Record along with his
epeech. He declared that he did not
mean to be discourteous, but he said
ttttat he would rather not have those
cases cited In hia speech.
Now, let us for a moment examine
Ithe two cases cited by the Senator. I
have Just Tead from the Record the
two ei tracts which he read from these
cases and upon which be relied. They
are both to the effect that the court
must consider, among other things, the
legislative intene in deciding whether
un unconstitutional part of a statute
shall fall alone or drag the rematinder
Of the statute with 4L This i true, I
adrr 0 to a certain extent and in a cer
tain, sense; but it la not the only con
sideration with the court, and is not by
any means, as a rule, the controlling
consideration, even where the intent
of the legislature is clear S To say that
the Supreme Court wMi never declare
ny one section of a statute void and
lea. the remainder to stand, where it
Is clea. that the legislature would not
have passed one part without rjassin?
the others, is practically to say that
the court will never declare one sec
tron of any statute void without dec far
ing the stools statute voXtijv frtr thftuzh
conatitntraL .
It is to Vresunr-l it every leeis-
passes an act Intends It all to stand, or
ot wouia not nave passed it I make
Utat fltacement to sopw that the quota
Kon of the Senator, without quallflca
ON
I PROPOSED UNDUE
ion or explanation, is an absurdity In
.he sense in which he used it. In
short, his quotations swindling alone
clearly misrepresent tlhe po-.ition of
the count. Was the Supreme Court of
the United States governed by the in
tent of Congress In the Income-tax
cases? Was it not perfectly clear and
unquestioned that Congress never
would have passed the Wilson-Gorman
tariff act with the rates of tariff du
ties that it contained had not Congress
at the same time and in the same act
put In a provision for an income tax
to raise thirty or forty millions of rev
enue? Prolably every schedule In
".hat act would have been changed if
l base income-tax provisions had not
been in it. Not only did attorneys call
the attention of the court to this fact,
but also did Justice Harlan and other
justices, in their dissenting opinions.
Justice Harlan said:
The judgment just rendered defcaits
the purpose of Congress by taking out
c Miie revenue net leis than, thirty
millions and possibly fifty millions of
dollars, expected to he raised by the
duty on incomes. We know from the
official Journals of both Houses of
Congress that taxation on imports
would not have been reduced to the ex
j ent It was by tre Wilson Act except
ior the belief that that could be safely
done if the country had the benefit of
revenue derived from a tax on income.
We know from oliicial sources that
each House of Congress distinctly re
fused to strike out the provisions im
posing a tax on incomes. The two
Houses indicated in every passible way
that it must be a part of any scheme
for the reduction of taxation and for
raising revenue for the support of the
govcrnmenit; that (with ceitain sped
fted exceptions) incomes arising from
every kind of property and from every
trade and calling should bear some of
the burdens of the taxation imposed
Yet the court, regardless of the clear
Intent of Congress, knocked out as un
constitutional the Income-tax provis
ion, 'While leaving the other sections
THE LEGISLATIVE INTENT.
But, Mr. President, the two decisions
cited by the Senator, even If they rep
resented uho weight of authority and
fixed an unvarying rule of the court
(which they do act), would not apply
to the present case In the least unless
the court sihould be convinced that the
legislature would not nave attempted
to restrict suffrage at all unless it
could do bo by placing the restriction
upon former slaves and their descen
danta while leaving all other citizens
free to vote without any restrictions.
To say that such was the intention of
the legislature would be to make the
legislature ridiculous. Would not the
court rather cotocTud'e 'that the intent'
ion of the legislature was to restrict
suffrage by an educational test, and
that after having done this it made an
attempt through section 5 to exempt, if
possible, a certain class from its opera
tions, which every lawyer in the legis
lature must have known, to say the
least, was of very doubtful constitu
tionality?
There are many reasons to believe
that the legislature did not expect sec
tion 5 to etarad the test 'cf the court,
while ihey did expect the remainder
to stand. When the Louisiana, amend
ment was being discussed In that State
convention, sucn admissions were
made on the floor by delegates who
were good lawyers I read from the
Harvard Law Review of December,
1899, from an article entitled "Suffrage
clause of rtlhe Louisiana constitution."
Mr. Eaton, the author of this article,
reviews the proceedings of that conven
tion. Judge Simms, a member of that
convention, While advocating the in
sertlon of section 5 in opposition to the
advice of the two Senators from that
State and of many other distinguished
lawyers, called attention to the fact
that if section 5 sihould be declared un
constitutional there would still remain
a good constitutional working scheme
He expressed the 'opinion 1n the con
ventlon that if section 5 should fall the
remainder would stand; and that same
opinion was expressed by others sup
porting the amendment, and In the
face of that the convention adopted
the constitutional amendment. The
only difference, Ihe declared, would be
that the special class of illiterate upon
whom they tried to confer the right to
vote under section 5 would be preven
ted from voting and would have to
stand the same educational test with
the negro. Gen. T. F. Bell, who was
.'chairman of the suffrage committee of
that convention, when reporting the
amendment with section 5 to the con
ventlon, in answer to objections to
section 5, slid
If It fails in the courts, you will still
have a faif y good system with section
5 out
Would not the court look at that de
claration, provided It looked at any
thing outside of the act itself?
Mr. President, it was after explana
tions like this that the amendment was
adopted by the convention. All of this
and more, too, was known to the leg
islature in North Carolina when it
adopted a similar provision. Indeed, a
delegation came to Washiington City,
in bcfhalf of the legislature to confer
with Louisiana Senators and other
Senators about the suffrage provisions
In their respective States.
The leading daily at Raleigh publish
ed full repont3 cf interviews whicn
showed tihat the general consensus of
opinions in Washington was that sec
tion 5 would not stand the test of the
court, and the editor of that paper re
commended that the legislature adopt
the iMl'sels-dppi suffrage provision in
stead of the Louisiana provision, ou
account of the danger of the court
knocking out section 5.
Mr. President, I have here a copy of
tba paper, the Raleigh News and Ob
server, containing that editorial. This
Is the same paper to which I have re
ferjfea, one of Ihe leading Democratic
dailies Of Raleieh. The editixr editori
ally afl vises the legislature to, put both
'tIl'ai Mississippi plan and ithe Louisiana
proceeds to say
If, however, the court should declare
the "son and grandson" clause uncon-
- ' stltutlonal, there would then rema!u
H
IBIIIOl
the "understanding'Vclause, wnkh in
Mississippi has operated to secure the
uninterrupted exercises of the elec
tive franchise to thote white voter?
who are not learned in the bocks.
It was Che information to be gather
ed by that delegation In Washington
that was to guide the legislature in
adopting a suffrage amendment. The
information they get showed that the
probabilities, to say the least, were
'ihat section 5 would fall. Then the !
editor of this Democratic daily advises j
hat both the Mississippi plan and sec
tion 5 of the Louisiana plan be put lntc
the same amendment, so that if section
5 should fail in the courts the Missis
sippi plan would still remain. Yet,
after all this, and in the face of it, the
legislature adopted this Louisiana plan.
So if be court bould look for anttnt
ou.'..idie cf the eubsiamce of the act it
self it could find abundant reasons for,
believing that the legislature adopted:
this provision knowing or at least se
riously doubting the constitutionality
of section 5, and knowing or -having
reasonable grounds to believe that the
court would eliminate that section.
leaving the remainder to stand.
SECTIONS 4 AND 5 ARE DISTINCT
AND SEVERABLE.
BMt the tendency of the decisions of
our court has been to look to the ef
fect of a statute rather than to the in-
teniJion of the legislature vhen Ihe.
question 13, Shall all of the statute fall'
or only a part? And this is always
true where the unconstitutional sec-"
ticn has one object and the constitu
tional section bas another object. The
leading test applied by the court in all
such cases ihas been, Will the remain
der of the statute be intelligible and
operative after the unconstitutional
parts are stricken out? As I have
already said, thus is exact! t what the
court did in the income-tax case.
In Penniman's case (103 V. 3. Re
ports, paige 113), Judge Wood, deliver-
ng the opinion of the court, says:
Statutes that are constitutional in
part only wiill be upheld so far as they
are not in conflict with the Constitu
tion, provided the allowed and prohib
ited parts are severable. Sj that if so
much of the section undsr considera
tion as relieves the dettr from im
prisonment for debt in constitutional
and can be severed from the other
parts parts of the enactment, the judg
ment of the supreme court of Rhode
Island should be affirratd. That part
of the section which relatas to the Im
prisonment of ithe debtor and that
which relates to the seizure of this prop
erty are entirely distinct and indepen
dent, and either one can stand and be
operative, though the ether should be
declared void.
Now, it is not vlear that the other
sections of the propavid amendment
can "stand and be operative, though
the other (section 5) is declared void?"
Clearly so, because when section 5 is
declared void and eliminated, the re
mainder of the amendment makes a
complete and constitutional scheme for
limiting suffrage by an educational
qualification applying to all classes
alike.
The decisions of the court to the
same effect as fin Penniman's case are
numerous and overwhelming. I will,
however, cite onlv a few more.
The Supreme Court, in tlhe case of
Presser vs. Illinois (116 U. S.), lays
down the same doctrine. Mr. Justice
Wood, delivering the opinion of the
court, in whiclh one section of an act
was declared invalid, while the re
mainder of the act was sustained, in
closing the argument of the court and
giving the reasons for the decision of
the court, says:
But it is a settled rule that statutes
that are constitutional in part only
will be upheld so far as they are not
in conflict with the Constitution, pro
vided the allowed and prcMbited parts
are severable.
As an authority for this position the
court cites Pennimans case, from
whiclh I have just quoted, and many
other oaees. This has always been
the rule of the Supreme Court. Many
early decisions could be cited.
I call attention to Bank vs. Dudley
(2 Peters, 492), decision rendered in
1829. iGhief Justice 'Marshall rendered
the decision of the court in that case,
In which he said:
If any parts of an ajj. be unconstitu
tional, the provisions of that part may
be disregarded, while full effect will be
given to such as are- not repugnant to
the Constitution of the United States
or to the ordinance of 1787.
In Packet Company vs. Keokuk (95
U. S., page 80), Mr. Justice Strong, de
livering the opinion of the court, says:
Admitting that parts of the ordi
nance under consideration may be in
conflict with the Constitution and laws
of the Unjjfced States, it does not follow
that its objectionable provisions, When
capable of being separated and enforc
ed, will be set aside and its legislative
purposes defeated.
Continuing, tbe court says:
'Statutes that are constitutional in
part only will be upheld so far as they
are not in conflict with tbe constitu
tion, provided the allowed and prohib
ited parts are severable. We think a
severance is possible in this case. ..
The facts in this care are: The leg
islature of Iowa had given the city of
Koekuk, in its charter, tho power to es
tablish and regulate wharf:; and to fix
the rates of landing and wharfage of
all boats, rafts, and water craft moor
eci at or landing at the wharf. Acting
under this power, the city passed an
ordinance providing such regulation.
The ordiance referred to but one thing
and had butt one purpose, and that was
regulating the rates, etc, as I nave
stated. Yet tbe court declared that the
fourth section of this ordinance was
unconstitutional and void, while leav
ing the other five ox six sections to
stand, for tlhe reason given by the
court in the opinion I have just read.
In the case of Supervison vs. Stanley
(105 U. S., page 303), Mr. Chief Justice
Waiite, delivering the opinion of the
court, said:
The general proposition must be con
ceded that in a statute which contains
invalid or unconstitutional provisions
that which is unaffected by these pro
visions or which can sta"nd without
them must remain. If the valid and
invalid are capable of "separation only
the latter are to be disregarded.
The cases from which I have read
cite many other cases to the same ef
fect. In fact, the case which, I have
read state that tihey set forth the law
as uniformly iheld by the court.
Mr. President, I could go to State de
cisions and cite numerous authorities
to the same effect. I will, however,
take a recent one whiioh is in harmony
with all tbe former decisicmis. This is
the case of Russell vs. Ayer (120 N. C.
Reports), decided a year Or two ago,
in which the court sa'yS":
WM,le the parts of sections 2 and 3
'cf the act above, referred to which
concern the amounts of tbe capitation
tax are void, because ifchey disturb the
equation betwene property and poll
taxes,vet the. remainder of-the act is
valid; and that although the revenue
act cf 1897 conitaiins a clause wthiah re-
(Continued od ith ptge,)
FRANCE IS PLEASED.
McKioIeyf Commended for Offering
Our Services
BETWEEN THE BOERS AND BRITISH
To Aid In the Settlement of Their
Differences and Stop the Further
Continuance of the War.
Paris. By Cable. "The United
States has Shown selfish, JSurope an ex
ample," said a responsible official to
a represenit'attve of, The Associated
Press, when asked what was the feel
tog of the French government regards
tog President McKinley"s offer of bis
good Offices to England. "We ifelt."
continued the official in question that
our own posjitioo with respect to Eng
land, in view of the (present etaite of
public feeling there, was too delicate
to admit of our acceding to Mr. Kru
ger's appeal; and a this reluctance
appeared to be shared by every other
power, the action of the American gov
ernmenit in taktog the initiative cam
as an agreeable surprise. That it did
not succeed! does mot detract from it?
merit."
The A'Ssociaited Press representative
here called the limt&nloeutor's attention)
to the complaints of a portion of the
French .press that President McKJnley
refrained from backing up hiia offer,
w!M'oh wais necessary to its success,
some papers having openly stated that
his action was a mere election manoeu
ver amd) not intended to loe successful
"In our view," replied' -the ofEicial,
"these criticisims are utterly unjusti
fied. President McKinley did even
more thato up to the last .moment was
expected over here. Only the miembers
of chandleries- who realized the deli
cate nature oif uch a step, can aippre-
cmie America a lerrort ait its Drcner
value. The French igovernmenit, whlilo
not prepared to itiake the initiative.
would, in conjunction with Russia,
readily have supported America; 'but
ithe (promptitude of England's refusal
cut the ground from under them."
The official; informant added! that, al
though there appeared to be little likli
hiood of intervention in the immediate
future, yet hopes are still entertained
thialt am offer of good offices from the
pawiers may eventually prove accept
able. "At any rate," said foe, "it is nioit un
likely that it will Ibe .made iif foreign
fimtereiste are in danger by the threat
ened destruction of thi rand mines."
This question of the destruction of
the 'gold mines, as predicted by Mr.
Mion'bagu White, Js regarded las a seri
ous matter, and as tbeiing not micrely
possible but iproibable.
It is Uearmedi that the French govern,
ment 'has received informiaitiion to the
same effect from another source, and it
considers the deseendenits1 of the
Dutchmen who flooded their own coun
try in order to repel iam invader quite
capalble of following this 'hiatioric pre.
cedlemt in the case of foreign owned
old (manes. The French press has
taketo up the maltter and) polints out
the enormouls amount of Frenich sav
ings sunk In the rand gold fields. It is
stated that df the Boers cairry out !the"i
threat lit will take ait east three years
to (reconstruct the suirflaice miachinerj
'and other plants, while immense de
struction could he wrought by diyha
miite ito the underground working.
Franlce owns a thiird of the shares in
the Transvaal amines; and these alarm
ist 'predictions have already 'had their
effect on the qudtaMons. Thus, stance
Tueteidlaiy, 'Rolbineion hais dropped ifTow
2.10 to 2.00; Fertreia from 4.93 to 4.65
and Geldenlhuis from 1.48 to 1.40:
' The tension, of feeliutg IbeitiweeD
France and Emglatad certaimly bias un
dtergone abatement this week, foi
jWMcth the coniciiliaitory article of the
London Times ds largely responsible.
5 The igovernimenit's (bill prcpcising am.
nesty in all crimiinial praseeu'tictti- which
have arisen odt of the Dreyfus affair
meets with vigorous optpoiaition from
the iDreyfusarda ito whom atmmestj
linieana the deprivation of means of re
dress. Dreyfus1 himself wrote, protest,
img against the toilil. The senate com
mlttee 'this week heard: Ool. Pd'cquarJ
and) M. Zola, all of Whom warmly con
demnel this measure.
Telegraphic Briefs
It is eaid that William S. Taylor, of
Kentucky, may again ask President
McKinley for aid in (retaining the gov
ernorship. Persia will soon send us a minister,
after leaving the post vacant for ten
years.
It is proposed to make April 19, tha
Lexington battle anniversary, a legal
holiday.
To Blow Up a Church.
Cedar Rapids, la., March 17, Seven
young men were arrested' here to-nSght
charged with placing dynaaniie with in.
teuii: to destroy a church building. Last
Sunday might following a canvass foi
a new petition of conetent to operate
under the saloon; law here, an empty
beer keg and) a stick of dynamits wiil!h
fuse arndi ca!p attached' were ifound on
the steeps of St Paul's MeJthodist
church. The young men arrested to-
cftghit confess that they were the guil
ty parties. They claim they meant it
for a joke, though it is believed they
meant to inibimiiclaite th- miimisbera whf
have been' aictie in, obposition.
Frankfort Quiet.
Frankfort, Ky., Special. The de
parture of the legislature from the
State cap&tol has given the city a more
quiet appearance, than at has had at
any ume in me last two months. No
new warrants in connection with the
Goebel assassination were issued. Ga
briel Tanl, Bresklnr'dge county sus
pect, was arraigned before Jnde
Moore, but was dismissed, there not
oeing sufficient evidence against him
to even hold him as a witness.
Col. Bryan at Home.
Lincoln, Neb., Special. Col. Bryan
returned to Lincoln Saturday after an
absence of two months and will . re
main until Tuesday, when he will start
for a month's tour of theNorthwest
and Pacifio States. Mr. Bryan was in
conference during the day with thi
leading local Democrats, discussing
pians cor the delegate state conven
tion next Monday nigjht which he will
attend and probably address at soma
length. Mr. Bryan attended a dinner
at night given by tho Students Bdmetal-
filc club of toe University of Nebraska
09 aeiiYerea a abort address.
THE OLD NORTH STATE
Items of Interest For Tar Heel Read
ers.
Secretary Brown, of the corporation
commission, is making good progress
In hU new railroad map of the State.
He has had the old map corrected,
county by county. One not informed
as to map making has no idea of the
difficulty of preparing a map. As to
Transylvania county the report is made
that work Is In progress on the rail
road south westward from Brevard and
that It has reached Eatatoe, nine and a
half miles distant. From that point to
the lovely Sapphire country the Toxa
way company wili build a turnpike,
or rather is building it. and on 4thL
when macadamized automobiles will
be operated. It will thus be a novelty
in North Carolina. Hut it ds not ex
pected that the automobiles will bo put
in use th& year. A queer ting w:il "bt
noticed fin te last map Issued tat ot
1897. There are two Virginias!, both ot
the Atlantic and Danville rialroad.
Now there can't be two, and which is
the Ight one? Fom the latter a ra.l
road has been built to the rdh copper
ore bed3 n Person county.
Just before Christmas Eugene Penny
a young farmer of Wake county, left
his wife and four children and went
away with Miss Chamblee, a young
lady school teacher of the neighbor
hood. Before going away Penny sold
a part or his land and took the money,
Last week the couple returned and
each went to their home Penay to his
wife and children, and Miss Chamblee
to her parents. The young woman says
that she and Penny took a trip through
Mexico and California, and she wa3
very much distressed to learn that the
gossops naa taiKea acout her going
away with a married men. lae said
Mr. Penny treated her like a lady; that
she wanted to see the world and he
showed it to her. Penny has given out
no statement.
A. J. Hamilton, of Delhi, Deleware
county, N. Y., has sold the Dudley
bnoais property, which is situated near
Pene, in Caldwell county, about ten
miles from Hickory, to the Dudley
Lumber Company, of Gracilis Falls,
Mr. Hamilton has owned this property
for a number of years. The tract con
tains 425 acres of heavy timbered land
besides the water power. The lumber
company will develop the property and
erect a saw mill and a roller flour mill
at once.
The Junior Order of United Ameri
can Mechanics gained 1,200 in North
Carolina during the past twelve
months.
The Hendersonville Lumber compa
ny shipped a car load of lumber to Bal
four the paist week where Captain
Troy is 'building several cottages for
the employes of the Balfour Quarry
company.
Joseph Beck, of High Point, has ob
tained a verdict for $80,000 damages in
his suit against Jonn G. Kraft, of Bal
timore, for alleged breach of contract
for the purchase of a two-thirds inter
est in the Aldred gold mine in this
State.
iu response to numerous inquiries
coming to his office State superintend
ent of pjibjic instruction Mebane is
sending out to all county superintend
ents announcemets to the effect that
the next annual examination for life
certificates will be held at each court
house on the second Thursday in Juiy.
Mr. A. Savery, of this city has just
sold to H. Abrams, of Knoxville,
Tcnn., for $90, an old flint and steei
double barrel gun, which was made
many years ago for General Wade
Hampton. The gun ds of very fine
workmanship and weighs only about
six pounds. After it came into his pos
session, Mr. Savery offered General
Hampton the opportunity to secure It.
but the general said he ddd not need it
as he was out of the shooting business.
WCmsiton Republican.
There will be a mass meeting of tha
tobacco growers of Forsyth county at
the court house In Winston on Satur
day, March 24, at 12 o'clock m. The
object of the meeting is to discuss the
prans set forth at the State tobacco
growers' association, held n Raleigh
on January 17. Also to perfect an or
ganization in this county, fif deemed
proper to do so. J. F. Jordan, of
Gretrasboro, will be present to explain
and outline the plans of the organiza
tion. The 'Secretary of State has char
tered the following new corporations:
"Vivian Cotton Mills," of Cherry,
ville, Gaston coumty, capital- stock $20,.
000, with privilege oif increasing to $2,
000,000, The incorporators are: S. S.
Maiuintey, D. W. A'derholdt and. M. E.
TtdulLsill. The business proposed id
ths manufacture and aale of oottoa
goods. Annual meetings of the comr'
pany shall be held at Oharryrille on
the first Tuesday in May of each year.
The "Southern Machinery Com
pany," cf Charlotte. Its capita!! stock
is $25,000, temd the incorporators ar
Fr ank H. Re id , B. D. Springs and S. S.
McNtoch. The business .pAlpceed is
that of 'manufacturinig, buyin'g and sell
ing all kinds of machinery.
The 'Redd Brick Company," of Char
lobbe. The incorporators are the same
as ia "Southern Machinery Company;"
amid the capital slock in this case like
wise i3 $25,000. The fcusinesB proposed
Is a general manufacturing business,
particularly the manufacture and sate
of all kindis cf brick, tile and tCie.like,
and to do the business of conttractor
and dealer in builders' supplies.
The Judicial convention to nominate
a judge to succeed Judge Bowman will
be held at Hickory next Thursday.
GoldteJboro Is still pressing forward
in the industrial world. In addition
to ithe large cofctfcfo mill now in oipera
tion they will have in the mear future
two more large cotnon manufacturing
plants. One will be known as the Bor
den ManoEfacturing Company, with. F.
K. Borden, as president and E. B. Bor
den, Jr., secretary and treasurer. Mr.
W. K. Parker, ant experienced cotton
mall imam, la at the headi of the other
mU, making ta-cttlive (preparattona for a
speedy completion of the arrangements
Dor the factory.
J. Van Lindley, perhaps the best au
thority in the state on rsuch VhVriig?,
says tbJafc up to the present time the
pitejpoata for an abundhmt fruit crop
this year are better than for many
years past. Ordinarily peach, pear and
plum trees are In fuiu. (bioom by the
middle of this miomth. . Xow there ia
barely a sign of swreliins bud any
The daipital stock of the Harriet Cot
ton Mill ha been i increased from $150,
)00 !to $200,000 before a spado full of
flirt has beem thrown. And there ia
demand or the stock ait home and
ahrod, more than. can. too supplied.
Henderson Gold Leaf.
TO PRETORIA NEXT, i
Objective Point of the Next British
Advance.
GENERAL ROBERTS TO THE GUARDS, i
Three Columns to t'nlf e and Replace j
His Force, While tie Pushes on to
the Front.
London. By Cuble.Lord HoberU
euecesa in handtin-g the civil problem
at Bloemfonteln and the manifest
equanimity with Vahh the residents
of the capital of th Orang) Free Stae
accept ithe British occupation, momen
tarily eclipse in interest the military
situation. It ia (believed here that the
oomcnanior-in-chief of the British
forces in South Africa will soon push
on to Pretoria, but Great Britain ia
quite content to listen for a few days
to the acclamations of the people of
Bloennfomteln and permit the troops to
enjoy a few. days of rest "before expect
ing further success. Lord Roberta
made a quaint speech 4 the Guards at
Bloecnifonitein when in his first con
gratulatory words he expressed pride
ini their splendW march of 38 miles In
28 'hours, and) gave ample assurance of
his ultimate deyign. '"Through a small
mistake," said Lord Rciberts. "I have
not been able to ntfarch Into Bloeamfon
teln at the head of the brigade, as I in
tended. I promise you. however, that
I .will lead you into Itretonia."
General Gatacre Ja holding Bethulle
end the whole line of the atadlroad south
of Bloemfonitetn ia now in the hands of
the British, and General Brabant's
column having crossed the Orange
river -after on enforced march at All
wal North on Sunday, and General
Clement's column being across at
Vanzyl, the three columns will form an
army of 12,000 to 15,000 men, which is
expected to replace the forces of Lord
Roberts at Blo&mfbntein as he pushes
northward. Just where the Boers will
attempt to oppose that anarch is an
fimtportant question, 'but it cannot be
easily answered until General Joubert
ia more defini tely located.
Further news has reached the out
side world ifrom Mafektng, dated Fii
diay, March &th, tihowing that though
the garrison was in hard straits, they
were (buoyed up by the knowledge that
their plucky fight was appreciated at
home.
General Roberts reports tht he
(found: seven British officers and 43
men wounded 4n the hospital at Bloem
fontein, and they were well cared for.
He adds: "I rejoiced the wounded
Boers Iby telling them, they will be
allowed to proceed to their homes, in
stead of being -made prisoners, as soon
as they .can leave the hospital."
Appeals to President.
Frankfort, Ky., Special. Governor
Taylor spent the entire day at the ex
ecutive mansion 'Friday in conference
with Republican leaders, chief among
whom were John W. Yerkes, of Dan
ville, and D. W. Lindsey, of this city.
It is understood that a memorial to
President McKinley, asking hini to in
tervene, and take a hand in the polit
ical contests, was the subject of this
conference. Governor Taylor refused
to talk about the appeal to the Presi
dent, but 5t is said that the governor
has expressed a desire for the assist
ance of a small body of troops and also
for support in the way of recognition
of him as governor.
Telegraphic Briefs
Cromjje's army imprisoned in Cape
Town duig a tunnel 25 yards long with
tin drinktog cups and were within a
ifew feet of Eberty, when a non-Boer
prisoner ia their corral told on the n.
A Turkish poet by the name of Nied-
jar, who is the Cbnctantnople Kipling,
has eloped to Paris with Miss Nade?ha,
favorite "daughter of the Sultan's fa
vorite wife. Tha runaways were help
ed by Osman Pashav the hero of Ple
vna, They're after them.
Chester A. iMeHate, a Western Union
operator, arrested at Kingston, N. Y.,
on charge of operating a green goods
game, has gone to jail in default of
$2,500 bail
Fears About Fruit Crop.
Americus, Ga.. Special. Much ap
prehension: fis felt here for the safety
of the fruit crop and truck. Orchards j
are dm full bloom end Friday "morning j
the temperature Sell to the freezing j
pesnt and thin ice formed ia ex,Ksed
localities.
Griffla, Ga., Special. Fruit mea htre
say little damage has been dote te
EHborta peaches and other hardy va
rieties, but they-seriously fear tho cold
weather. The thermometer Thursday
Slight was 30. A temperature of 2
will destroy the peaches.
Visible Cotton Supply.
New Orleans, -Special. Secretary
Hester's statement of the total supply
of cotton shows a decrease (or the week
Just oJoBod cf 154.260 bales, aiint
decrease of 163,855 last year. The total
vJsTble Is 3.7W.829. sgztac 3.874,08
last week and 5,292,643 tost year. Q
finds the total of American cotton I
3,059,629, against 3,143.089 list week
and 4,044,648 last year; of all others
finds, Including 'Egypt, Brazil, et
710,000, against 731.000 last week ane
1,156,000 last J
Leaves New York.
New York, Special. The American.
Tobacco Company discharged its en
tire list of 500 employes, own ana wo
men, Friday ifrom the cigar factory at
Fifty-second efcreet oad East river, and
it will move 123 plant to its facto I
In KUthmond, Va.; Baltimore, Cincin
nati and Lanlauter. Pa. This is tle
only factory the concpiny baa her-?.
Manager Gordon in ths factory saiib
the shutting down was cn accoitnt of
tlhe expensta. "La'aor ia too expensive
.ttere," e.::'A he, "and we can get it
cheaper in other places."
A SUCCESSFUL FAtHEL
dx-Senator M. W. Raatom Day A
1 other Large Farm.
J The well known "Polenu." farm, tit-
eated on the Roanoke rlrer. six uiilct
; from Rich Square, and comprising
about 2.200 acra. was oll but Monday
tjr Suau'1 B".un-
bought by General Matt W. Ransom
for $S.CK. This Is one of the mort
valuable stork farm In the state. The
net profits for last yeer amounted to
more than $2,500. General Ransom
f ow owns about 20.000 aorra of arable
and in Northampton, besides Lis hold
ings In Halifax. Much of this land la
worth-from $25 to M :r acre for
farming purposes. He is the largest
cotton former in the state. Ills rot
ton crop amounts to from 1.200 to 2.kK
' bales annually, and he owns and works
i over 200 horses and mules.
nr. C. R. Hoey to Wed.
Announcement is mad a of the en-
eagement of Miss Besdo Gardner, of
..hilby. N. C. to Mr. Clyde R. Ilo-y.
the talented editor of tho Shelby Star.
The inviutlons read as follows: "Tho
honor of your presence is requested at
the marriage of Miss Bessie Gardner to
Mr. Clyde R. Ho?y. on Thursday even
I ng. March 22. 1900."
News Notes.
A letter from Guilford county says
that three employees of the If p River
hoe factory bottomed 247 pairs of
shoes In five days last week. The
work of lasting, pegging and trimming
was done by hand. One cf the men
drove peg3 at the gall week in Grrcnj
boro last summer.
Turner McDowell, a small white boy
who lives In the suburbs of Gren
boro, got hold of a piece of iron piping
Monday afternoon and rigged up a
gun. He loaded It with scrap iron,
and after supper went out Into the
back yard to fire a salute, with the re
sult that he lost an eye and had sev
eral pieces of Iron imbedded in hi
head and body. The improvised grin
was picked up several yards from
where the boy fell. The wounda are
serious, and will probably prove faul.
Mrs. J. W. Wilkinson, of West
Statesuiue, has more than an ordinary
amount of patience, and this Is proof
of the fact. She has three quilts
bound with red white and blue that con
tain 36,120 pieces. One quilt has 7,010
pieces, one 12,098 and the third 17,
014. What lady can beat that?
The Southern Railway Is building a
bridge over Silver creek, two miles
west of Morganton.
The Auditor's report as regards tax-
?'
ble property came from the printer
his week. It shows 27.110.SS1 acres of
land, valuation $110,563.70; 84.1S2 town
lots, $45,648,416; 171.827 horses, $6,133,-
! 346; 125,853 muled, $19,991,743; (beep.
309,403, $311,174; goats, 48,833, $22.-
236; cattle 586.206, $4,345,010; hogs 1.
1232,653, $1,604,185. The value of li
braries ia given as $358,596; money on
hand or deposit, $17,243,764; stock in
Incorporated companies in the State,
44,825.148; tobacco, $1,288,568; cotton.
t
1,217,049; gross Income on property
ot taxed, $6,291; Incomes from salar-
es and fees, $788,000.
'Mr. J. D. Church, general manager
pt the New York Life Insurance Com
pany in tic Carolina, has resigned his
position and will leave for New York,
(where he will be associated with hia
brother in the largest co-operative
business In the world. Mr. Martin A.
Lyon, of Charlotte, succeeds him.
The State charters the W. T. Wea
ver Power Company, of Ashevllle. It
will develop electric power at some
j point on the French Broad river. Tbe
I capital la $30,000, and the stockholdrs
are W. T. Weaver. T. F. Davidson. V.r.
i W. Raoul, J. L. Wagner, W. B. Wil
j liamson and John H. Lange,
It is learned at the - Auditor's office
that New Hanover is tbe only county
which pays less taxes this year than
it did last year, the amount of falling
08 being about $500.
Secretary Root's Army Reorganiza
tion bill has aroused the greatest oppo,
tthXL among the staff officers.
Secretary Root has arrived at ILa-
vaaa
A bomb was thrown Friday through
a, window ot Che Paris residence of Al
fred) Pkaxd, Commissioner General ot
the Paris Exposition. It did not ex
plode. A lady who saw two men Tight
the fuse and who have the alarm was
attacked and severely handled by
them.
Terry McGovern. of Brooklyn.
knocked out Oscar Gardiner, the Oma
j ,ha Kid," in the third round of what
jwas to bare been a 25-round bout be
fore the Broadway Athletic Club.
The Dolphin left the' Washington
nary yard Friday with the members of
jthe House Committee on Naval Af
fairs for a short rfelt to Newport News
to Inspect the battleships Kearsarge
and Kentucky.
Governor Long! no. of Mississippi
has appointed Hon. S. S. Calhoun, of
Jackson, chief of teb Mls3Llppl su
preme court to fill tbe vacancy caused
by the resignation of Judge Thomas IL
Woods. Tbe appointment was con
firmed by the Senate.
CapL H. S. Bishop, of tbe Fifth Cav
alry, stationed In Puerto Rico, report
ed on the frightful condition to which
many islanders are reduced.
. Orders will be iaued by Secretary
Lo&g organizing a board which will
take preliminary steps in the establish
ment of a naval station at Pearl b ar
bor. Hawaii
, At. the United Brethren Church con-
L ference at Boiling Springs. Pa., Bishop
Hott announced the appoinments cf
xnlnl5ters for the coming year.
A story has been made public fn
Frankfort, Ky.. to the effect that 2"
men conspired to murder Goelx-1 an
drew lots to see who should be th
actual assassin.
Secretary Long told the House Ns
val Committee that his oiWf real
tor oppo&ing the buildiug of war:-h!p
at the naval yards were ihat it woulc
cost more than at the yzrds cf prlvaU
firms and that the danger from p ti
tles enteripg into the plan, was great.
CAPITOL CAPTURED.
Tbe British Arc Ctosbf Ip Oi Tks
Boers.
GE!t ROBOTS' TRIUMPHAL MAROL
occomplUbmeot. of Mot-IU-
twrly
cess.
Relieved NcUble Sc
Ixmdco. By CVri.. Tbe fln half of
the cmmpiUm is otit. IjotA fcJUrts
arrlrrd t iioJ Vr Itlw a February
He tTvl Uhjrafvi&;sii a Marcft
13. Thus, in a :tt oa-t a cxmtfc be
bas ecc.vl the r-:f of KlmbtvWy
and lAlrjir:rX de rapture of Gsa
era! Cronjc' f ocvee and the tuVntaf
of the Prt:ih tls In th capital A tbe
Fma Ftr.e. AL thi has Uo Bream.
pUshed with onjirattT!y trtfliag
Iov It Is raisl! xnjdT that be Ls
tbe hro Cf the hour .u KU&d. All
the newpprTe eulnir.M him aa4 cno.
gratulat the try. Tbr-y talk of tbe
Free State a hat-Ice rAord out of ri
tsijrw and as being now oce cf Lb
shadows of history. It la tk doubt
Uktc mjy,y-t be beary Rchtirr. buX
the gt;us f Lord Ufterts Ss lookvj
to for victory over all difficulties. His
irrlni refiioe to tLe U.lm" PrmMCt
Stejn unJTtnd to show that there
shall be co ambiguity aa to tbe poai
tka AstuskRd towd tbe repuUlca.
Tbe fcct that Mr. Fraxer. Ut chair
man of the Free Sftat Roal and leader
of the wm:lltn to Mr. Steyn. cane
with tbe deputation to turret kr tbe
keys is rtsrardod as extremely sJarrtfl
cant of cwfelderehle dlfh-mwe el
opinion aorajr tbe Free tsea rcar4.
leg the war. It is ei'd that PrmkVet
Krmger bavs Mr. Fraxer on aowouat
of his sympathy with the Out Waders.
The demonstratKeM of the IUocnfon
o!n iahabita? a no alo regarded as a
good augury for the future of ftrr&ab
fcuprwnacy.
It ls intrftlnjc. In conoertion with
the raj.d adraore of Ixrd Rciberts to
learn that the Russlsa military At
taehe with the Bom, who was capturej
ty the British, sent the followinc tele
gram to the Czar: "I am perfectly
amared at the nergy in ectirso aa-i
the eindutanoe of the British Infantry.
I need siy no more." There is stEl no
aewa as to whether Lord Roberts has
capturvd any rolling stock. If te baa
not then he will be obliged to wait un
til the repalriiKf of the bridges ortt
the Orange river enables him to bring
rolling stock up. Tbe BrlU.h conthma
rne.?!r. their advance on the Orange
river. The Boers still hold Bet2ruli
bridge, on the north side of tbe stream,
but their trezxebea are dam! natal by
the British arttltary. Hoary firing la la
progress and there has been
klrmAshicig. Lnrd Kltdhnrr
Co be very succefsful in reducing the
extent of the Lfcitch rising.
o
Otis Government.
Washington. D. C, Special. With
out awaiting- tbe arrival of Che new
Philippine commission, Gea. OUs ta
pressing' forward with tbe tnstallatkm
of civil goveraxneots tn the various
districts of the Philippines. Last Aug
uet be established crunidprU govern,
ments In towxs within the limtts of tbe
United Stats occiotion. Now lie baa
taken stsps to provide a, more syste
matic osjJ ortho'lox sfctrtu of gxmrn
cnent. He has appointed s, board beao
ed by the brihtefrC and toMC aruts
lawyer In the IUijpp!&t, CuyecUoo
ArlLano. and tncludiiijr triov exirl
enced ertny offkrs to carry out tuZ
jJTOjeaL
Wsdesboro Tbe Lucky Polat,
lYtawton, N. J., Special. ProC
Charles Young, of the University as
tronomical department, announced
Wednesday that preparations are cow
being- mode by him to observe tbe total
eci?pse of tbe mm, which will take
place on May 28. Tbe Instruments
necessary for the work are la course
of ooDstrudion. Wademro. N. C
bus ten st-lec-tedi as the pCaoa when
the beet observations can be made.
Committed Suicide.
Kansas City, Special. J. Sherman
Peffer. son of W. A. Peffer, forma
United Stale Senator from Kansas,
was found dad in bed in a room la
bouse on Cast Eighth street Wedses-
oay aiiemoon. yn ue vmtwx was
I found a box that bad contained t&or-
phlne and a note reading: "Father, I
don't like to do what I am doing, bat
I am tired." In the dead man's pock
ets were found several Typosraphlcal
Union working cards. He waa abent
SO years of age and was ft llpotype op
erator. He was not knovC to be de
snopdmL Chicago Strike.
Chicago. Special. With prospects ot
a peaceful eettletnent of tbe labor
strike as remote aa at any time since
its Inception, the opening day of the
lixth week of the struggle here found
KK.b sides grimly determined. Tbe
jriginal building tradei dispute Is now
tterely one of the many features of tbe
jnbroglio. Additional strikes and ev
idence of discontent are developing
constantly.
Gold In Georgia.
Atlaaca, Ga.. Special. The Nacoo
chee -Mining and -lanofarturing Com
pany, with headquarters and main of
fices In Atlanta, and a capitalization of
$3.(00.o(Ki. applied for a charter for a
gold mine In White county. It Is claim
ed by tbe owners that the richest vtlni
of gold ore eat of tbe Rocky Moun
tains are located cn Ihe property.
Among the Incorporator! are Got. AI
".en Candler. t-x-Governor Nortben. F.
B. Neal, F. E. Black, and H. 11. Cab.
anise.
1
1
II