North Carolina Newspapers

1L 9 VOL. XV11I. RALEIGH, NORTH CAROLINA, THUItSD AY, APRIL 12, 11)00. NO. CAUCASIAN. me terent ocratio i the ex land if h ' grace a Do j on that all I Couotj 4 who do YS; belon 1 - ' etf. Coutn than in t kCouotv. ymeu aw 1 Honn by -ill be Ik ! HID 1 111 The Only Senator Who Was in the Senate When the Fifteenth Amendment Was Adopted, DECLARES THAT SECTION 5 OF THE Prop- fttMl Amendment is In Violation of I hat Aiiif nilmrut to the Constl.u tlon of the United States. --lie Fur ther uy that ttf Court Woulil I'eclare Section 5 Unconstitutional unI Uphold the Itemalnder of thf Amendment. A Mrotig Opinion from a lrcut Constitution Lawyer. Washington, D. C, April 6, 1000. Hon. Marlon Butler. U. S. S., Senate Chamber. Dear Senator: In answer to your request for my opinion a3 to the consti tutionality of the fifth section of the proposal constitution for tho State of North Orolina, I nuut compare the language of the- Fifteenth Amendment, of the Constitution of the United States with thu proposed provision lu the constitution of North Carolina. The Fifteenth Amendment reads as follows: Sh tlon 1. The riRht of citizens of the United St a.', is to vote shall not be de lii'd or abridged by the United States or by any State on account of race, cid or or previous condition of servitude. Section 11. The Congress shall have power to enforce this article by ap propriate legislation. The Fifth Section of the proposed constitution for North Carolina reads wno AN 0FHUAL PARIY PLEDGE. "There Is not a Democratic Convene tlon That Would Not Spit upon the Man Who Might Hake Such a Prop-; osition." (From the Democratic Handbook of 1898.) The Democratic party is the poor man's party. Nine-tenths of it3 mem bers are poor men. How utterly ab surd, then, is the false charge that the Republicans are trumping up to de ceive the unwary. In order to give' j some color to It, they quote something, to A B16 DAM BREAKS. Austin, Texas, Swept by a Rafjug Flood. SIMILAR TO JOHNSTOWN HORROR. Electric Light and Power Plant With Operatives Go Down Full Damage Hard to Estimate. WORK OF CONGRESS men and their descendants might have voted under laws of 1867. The reference the law of 1807 in the proposed constitution la an admission that a 3ubterfuge 13 necessary to confer suf frage upon illiterate 'whites and their lescendants and deny It to all illiterate jlacks. A plain declaration which would accomplish what ia sought to be accomplished by the circuitous method of reviving the laws of 1867 would be .n direct connict witn we nneenta Amendment. The adoption of an Indi rect method to do what could not have oeen accomplished in plain and un equivocal language ignores the princi ple that the law cannot be evaded by udlrect method any more than it cau e evaded by express language. The proposed constitution Is manifestly re pugnant to the Fifteenth Amendment and void. In answer to your second question as to whether a decision of the court de blaring Section 5, which wo have dis cussed, unconstitutional, would make he whole proposed amendment to the constitution unconstitutional, I have to .ay that the rule of law is that where x single object is sought to be accom plished by a statute or a constitution, ..he unconstitutionality of any provis .on necessary to the accomplishment of i.hat object destroys tho whole law; out wher ther are two or more dis- inct, independent and separate ob jects sought to be accomplished by a onstitution or a statute, the invalid :y or unconstitutionality of provisions relating to any one of such objects does prior theito, entitled to vote under the aot affect the validity of the other ob- pre Street Fair tO Be Given MaY law of any Suite in the United States jCCt3 sought to be accomplished. The Fourth Section of the proposed 1 4tll tO 1 Vttl from a Yankee newspaper, whose own ere and editors are, we have ulways un derstood. Republicans, that Oea. W. R.- Cox, who live3 In Washington, told a reporter if the Democrats succeeded they would disfranchise the Ignorant negro. But General Cox publishes over his own name a declaration that he never said that and never said any thing like It, for he well knew that if even the Democrats should succeed and should have control ot the. legislature they would be powerlesr to disfran chise anybody. The Constitution for bids It. The Constitution gives the right ot suffrage to all male persons over 21 years of age not disqualified by crime, and the legislature can not add or take away a letter from that. That can only be done by the people themselves, and the Democrats will never submit to any proposition to the people to take from a man his right to vote. No Democrat has ever proposed such a thing. The charge is only intended to mislead, to deceive and to make politi cal capital. -It is entirely false. There is not a Democratic convention that would not spit upon the man who might make such a proposition. There is not a Democratic oanamaie ior 01- j See who would not pledge himself most I solemnly against it. AGAINST TAYLOR. us follows: Section o. vn January No male person who was 1st, 1807, or at any time ICIOIS GREAT Slf, wherein he thu resided, and no lineal descendant of any such person shall be denied the right to register and vote at any election lu this State by reason of his failure to posaejs the education al qualification prescribed In Section 4 of thU article: provided, he shall have lettered in accordance with the ternu of thN section prior to December 1, U'OX. It will be teen that under the Fif teenth Amendment a State may make an educational, property or any other reasonable qualification a condition precedent to the right to vote, .with the -ingle exception that it cannot deny o: ibrldge such right on account of race, color cr previous condition of servi tude. Auy of the qualifications which the State has the power to prescribe might exclude more whites than blacks, or more blacks than whites, but such exclusion would not be repugnant to tho Constitution of the United tSates If it were not based on race, color 01 previous condition of servitude. rae proposed constitution puts in force the laws of January, 1867, so far as illiterate black men are concerned, and so far as illiterate white men who were voters In 1S7 and their descend ants are concerned. It is true that the proposed constitution avoids denying to Illiterate black men the right to vote on account of the color.but accom plishes the same thing by the adoption of the law of 1867, which denied the right to vote to black men on the ground of color. The proposed constitution Is the same as It would be It It denied In ex press terms the right to vote to black men who could not read and write and 'Conferred the right of suffrage upon constitution read3 as follows: Section 4. Every person presenting himself for registration shall be able ko read and write any section of the onstltution in the English lauguage; and before he shall be entitled to vote ae shall have paid, on or before the 1st lay of March of the year in which he ;iropose3 to vote, ms pou tax, as pre scribed by law, for the previous year. a'oII taxes shall be a lien only on as sessed property, and no process shall ssue to enforce the collection of the ame except against assessed property. Thi3 section provides a general ana jniform law making the ability to read md wrke a prerequisite to the right to pole. Section 5, which we have dis jussed, also has a single, independent ind distinct object. It seeks to relieve .vhlte men who are illiterate from the Usability imposed in Section 4. It vill hardly be contended that an in .ependent section which attempts to .0 an unconstltuional thing can affect oection 4 wihich, standing alone, is un doubtedly constitutional, complete and operative in itself. The failure of an unconstitutional at tempt to limit the operation of Section 4 will no more affect its constitutional ity than the unconstitutionality of an independent section in a law agalnuu trespass exempting from IU operations all men with blue eyes would destroy the general law. The court would free the law from the unconstitutional sec tion upon which the body of the law was in no way dependent. In the pres ent case If the amendment to the con stitution ehall be adopted, the coun will free such amendment from Section i 5, which is clearly in violation of tht 15th amendment and leave the othci REPRODUCTION OF DEWEY ARCH. Fifteen Bands of Music A Floral Pa radeA Wonderful Show flany Premiums Mimic Mardi Oras Thousands of Visitors flany Other Attractions. During the week, from Monday, May 14th, to Saturday, May .19th, Richmond, Virginia, will take on an entire new dress. Broad street, 118 feet wide, i3 to oe transformed into a World's Fair of attractions, consisting of manufactur ers of tobacco, booths for the mer chants exhibits, some of the booths to ue built of stone. These will occupy .wo miles of streets at both ends, for jvhich contracts have been let to erect jaagnificent arches, modeled after the iewey arch in New York. These will oe built of artificial stone, and will give .0 thousands of people in the South the rst idea of what the Dewey arch Is .ike. The magnitude of this FreeStreet air, undertaken by the combined Bus ness Associations of Richmond, can be estimated when it is known that they jre to build an independent electric ight plant to supply the thousands of ights necessary to make the night as ,right as day. Fifteen bands, includ- ag the Stonewall Band of Staunton, -ne of the most famous In the South, nd others from different cities of orth a;d South Carolina, who will day continuously throughout the day, .vhich will make it one of the grand- st collection of bands ever assembled fc1 con Wail r iUp otld yet illiterate white men and their de- s Aidants who might have voted under ! pljn, independent and uniform provi -A 1 1 xv Inns, all of which ari In .harmnnv will Hws u asm. 111 uiuer wwiu3, '.. ' tho TTi f f niin T. lmflnHmant a t-1 r n A r- fcpod constitution expressly revtves a part of ConstUutkm of Norlh ke laws or ist 4 as to illiterate DiacK. Carolina. Yours truly, ten as to ail illiterate wane 1 wiuLtiavi ju. siuyyakt. Note a. Half a dozen foreigners recently ap tared before Judge Lent, of West- ! ester, N. Y., be'lmg applicamis for na rltheai over iaad proceeded to lecture J.ie 7eouadly on theCr d'irty eppear- LfHo "ClmnllneM 4a one of the mos l",ortant qua.UncatktiL3 of Americax izcnshiip," saM the Judge, "amid 1 Et? r. Wha via you to make generous and daily e of soap and waiter." An aHtylene town Mgibtdnig plant has )en iueifalled Hawe, Yorkshire. Englanrdi. It was built on a capital ot $3,500. There aTe two large genera tors, In whSch tha gas la wasihed by pacing through the water. The hoider Ibaa a capacity cl 1,000 cubic feet. Ahou a i&ile of the mains have thus far been laid. One English marquis has to work for Ms living. The Marquis 01 worman irr. who was a clergyman wfoen he sue eeded to the title ten years ago, and J3 now a can'om of Windsor, foumid hU estaites htavily encumbered. He there niyrm turned schoolmas'teT and openea ti. prepcuraitory tchccl for the sons of Iiinh'f(mn amd atinitU'men that has brough't him money. In Sam Francisco the board of health tvas created the position ot assdsfant city physician, with a 6alary of 1100 a there! Beatrice HInklo. Her Cutlea will be Jn arl the care of clck wonsesn and chUaren in the puollo uxsttltutiloas. On Lake Baikal, I-a Siberia, in Feb ruary, cw-urwi.ajus dcceuuio -was built on the lake, was given f jrial trip. The journey was maae t fm. IJstveDinditscilinoye to Perreye- I JTnTva and back through Ice two feet m r ' . v'-r . - ... J ot eighty anaies twelve toor.- eutri V th J being traversed. Ibe Mits ot Prunes. Prunes are sold In three sizes. Tu argest size is called the thirty to foi ties. This means that thirty to rort. of these prunes make a pounu. id medium size is forty to fifty, and th small size fifty to sixty. The large- .prunes are of course the most valuabk The average price the growers get fo: their prunes Is three and three-fourtl-cents a pound. An orchard of 250 tree. will give a grower an average prolii of $400 a year. An acre will grov about "one hundred trees, planted with the proper distances between them The trees bear the third year artei planting, and live from ten to twentj years. French prunes pay the best. Mason City, Iowa, is progressive. The Official Board of the Methodi Church of that city has "resolved" that ladies "be encouraged" to re move their hats during service. Evi dently the preachers want to be seen as well as heard. Or is it that the ma'e worship era are addicted to naps behind the big hat 0 Connecticut figures from Us recent State rchool census show that it has twen'y per cent, more inhabitants th m it bad in 1890. . The population of the country oa this basis is 75.150,-000. The metrio system of weights and measures ia now permitted in Russia, and while it does not supplant the national system alretdy in nse, i mar be naed side by side with it.- The aTerage salary p&ia to Methodist minister la this eeuatry for 1848 w-u I47&S3. " a this section of the country. The Floral Parade has been taken in :and by the leading society ladies of Richmond, whose magnificent carriages -.nd horses will make one continuous arade of flowers, which will take more .nan one hour to pass a given point. Direct from Brooklyn, N. Y., will :ome the great Hagenbeck Animal 'how, combined with the Streets of jairo, German village, ana ccner on- 1 nial features, to make this Free Street .fair worth coming hundreds of miles jo see. Every railroad will give special rates to Richmond during this Carnival Week, and at committee headquarters loard can be obtained for as little as 1.00 per day, including lodging. -Besides the Free Street Fair, the Floral Carnival, the Brass Band Carni val, and the Hagenbeck Animal Show, the Streets of Cairo, the Qerman Vil lage, the Crystal Maze, Yatch Riding jn Land, all of which will be crowded nto Carnival Week. ' The Business vien's Association have arranged for Mardi Gras night, for wihich artists !rom New Orleans are now building ten 3oats, symbolical of some historical subject, and in which all the fraternal organizations, consisting of the Elks, Odd Fellows, Knights of Pythias, Royal Arcanums, Heptasophs, Red Men, Woodmen of the World and many oth ers, are preparing floats, designed to 'Uustrate the objects of the various or ders. Also thousands of Richmond's citizens will parade en masque, mid gorgeous fireworks and the throwing of paper Confetti. From reports this fair will be as elaborate as was that In New Orleans. It is expected that some five thous and militiamen from the South will be Dresent to help participate in the many parades. A special feature of the week is to 'be a dinner given to some af the business men of Richmond by "Jtae managers of the traltDad extaaal hcw. at which these men will sit down to dine with the trained wild animals airtftdrur between eadh man. Nearly five haxndred ipremiuans, to he riven away an different days oi caui- val week, InchxJIng pianos, cMihting, floor ,and even $10.00 gold pieces, for all of which everybody in any section of the country maSn contest. The con eats are very novel, and & premium Est will 'be semft by. mail free, If you write a postal to the Ridhmond Car nival Association, Richmond, virgin la. Preparations have been made to en tertaln . three nunarea tnousana visi tors." -'- ..-.. Austin, Tex., Special. This city is in pitch darkness with a raging river one mile wide and swollen far beyond its natural banks roaring and surging through all the lower portions the town, having spread destruction and death in its wake. In addition to the vast loss to property interests, it Is cal culated that between 20 and 40 lives have been sacrificed, and the reports coming in from the tributary country do not tend to improve matters. Th? flood Is not unlike the disastrous Pohn stown flood, some years ago, In that a raging river, already swollen far be yond its capacity, bore too heavily upon an Immense dam spanning the river here, breaking it and letting loose a reservoir of water 30 miles long, half a mile wide and sixty feet deep, to all in carrying destruction down the val leys of the Colorado river. The great dam in the Colorado river gave way from the enormous pressure of water and debris and with" a Toar and crash swept the valleys below the city, wreck ing the immense light and power plant, and. drowning eight workmen. Follow ing is a list of the known dead, includ ing those killed in the power house: Frank Pincet, Frank Kinney, Walter Flower, Walter Johnson, Alfred John son, Frank Fitzgerald, WTalter Blos- om, Joseph Newman, Dck Morris (colored) ; John Proes, Chas. Burchard. Six negroes. Last Wednesday night It began to rain very hard at thLs place, the storm extending north of here along the wat er sheds of the Colorado river. The precipitation continued until the down fall aggregating six inches. All this vast quantity of water along the water sheds of the Colorado river rapidly swelled the current until the river, which had been rising steadily was a raging torrent, having risen 40 feet within ten hours. After daylight it became evident that the situation was serious. The river began to rise so rapidly that it was evident that the immense dam and all the power houses and contents, cost ing $1,500,000, were in imminent dan ger. To add to the terror of the situa tion, small frame houses, trees andj debris of every description in varying quantities began descending the river and piling up against- the uppeT face of the dam. This weight was augmented ever? moment until by 10 o'clock there was a mass of debris lodged against the dam which threatened the safety of the structure. In addition, millions of gallons of watery muddled from its long journey, was whirling and plung ing to he sixty foot fall, and it was evident that no wall could withstand the immense pressure. The crisis came shortly after 11 o'clock, when sudden ly with a report like the roar of the ocean, the dam but served to add to the horror of rolled out of the centre section of the dam down the tace of the 60 foot depth into the river below. This left a yawning gap in the very middle of the dam through which the debris and water fiercely poured while the flood, already raging, was threat ening everything in its path. This sud den breaking of the dam, but served to add to the horror of the catastro phe. The released water poured into the power house, catching eight employes at work there, drowning all of them instantly. The breaking of the dam caused wild excitement In the city. The telegraph companies at once wired to places below here to look out for the great wave and runers were dispatched on horses to notify those living in the valleys below the city. The telegraphic messages served as a timely warning to many, but the rushr ing waters outstripped the horsemen and many houses were picked up and swept away before the occupants could get together their valuables. Within a short time all the valleys to the south and west of Austin were filled to overflowing with water and the southern part of the city tribu tary to .the river was inundated. Large crowds collected on the .river banks and several persons were swept Into the river when the dam broke, but all were saved by boatmen. A fcrowd of white people numbering about 30, living just below the dam, in tents, were seen at their habitations ;Just hef ore the dam brake and have not been ccounted for since, it is gener ally believed that all of them were swept away. VVbat Our Lawmaker are Doing from Day to Day. fcESATfl. Eighty-sixth Day. The Senate con vened at 11 a. m., to permit an hour's loager debate on the bill. Mr. Bate then addressed the Senate. His speech embraced the whole question of ex pansion and the treatment by the gov ernment and "by Congress of our in sular possessions. He took strong ground against the acquisition of Span ish territory under the treaty of Paris, against which he voted. Eighty-ninth Day. During the day 'a comparatively brief open session of the seirate Mr. Gallinger, ot New Ilamp- ; shdre presented an argument against ! the seating of Hon. M. S. Quay aa a senator from Pennsylvania. He devot ed himself almost entirely to the oon stdtutkmal phases of the question. Most of the day was spent in executive session. Mr. Jones of Arkansas presented the credentials of J. C. S. Blackburn as a senator froji Kentucky for the term of six years beginning March 4, 1901. A bll to increase the efficiency of the subsistence department of the United 3tates army was pissed. The following bills were passed: To Incorporate the National White Cross of America; to authorize the payment of traveling allowances to enlisted men of the regular and volunteer forces when discharged by order of the secre tary of war and stated by him as en titled to travel pay. Ninetieth Day. Senator Dcboe, ef Kemtucky, gave notice that he would move to refer the credentials of former Senator J. C. S. Blackburn a3 a Senator from that Stale to the committee on privileges and elections. During the greater part of the session, the Senate had under consideration the Indian ap propriation bill. Early in the day, Mr. buuivan, or Mississippi, delivered a speech in favor of seating of Hon, M. S. Quay. 'Mr. Spocmer, of the commit tee on rules, reported a resolution pro viding that the rules of the Senaite he so changed as to provide, in event of the death of the Vice President, that the President pro tempore may desig nate in writing some Senator to pre side over the Senate in the absence of the President pro tern., and that that Senator may appoint in open debate another Senator to preside for one day. The resoiluKon was adopted. Ninety-second Day. The notable feature of the Senate was an eloquent speech by Senator Yest, of Missouri, supporting an amendment to the In dian Bill, for the education of Indian children in contract, or sectarian schools. Prefacing his remarks by the state ment that he had always been a Pro testant, and had no sympathy with many of the dogmas of the Roman Catholic church, he pronounced a brilliant eulogy "lpoa the Jesuits for their work among the Indians. In the course of his remarks Mr. Vest paid tribute to Booker T. Wash ington fcT hl3 great work among the colored people of the South. He took off his hat, metaphorically, said he, to Mr. Washington. Professor Washing ton had struck the keynote of the great negro problem, he said, by teach ing the colored youth how to labor. This, he added, wa3 the true secret of the success of the Catholics in their work among the Indians. They taught them how to work. Tie Kentucky Democrats Coue 0a1 Winners. APPALACHIAN PARK. REPUBLICANS WILL APPEAL CASE. Will Ask for Writ 01 Error, and Carry the Matter to the Supreme Court of the United Slates. HOUSE. Eighty-sixth Day. A possible reduc tion of the war taxes was foreshadowed in a resolution adopted by the House. calling upon the Scretary of the TYeas ury for information as to the probable surplus the existing revenue law3 would create during this and the com- laz fiscal year. The resolution , was nresented by Mr. Paine, the floor leader of the majority. Bishop Jackson Resigns. - New York, Special. The Protestant Episcopal house of bishop3 has been called to meet in special session in this cit7 on April 19. It i3 usual for the bishops to meet half yearly, but at the present time there are several Impor tant matters which bring them togeth er; '- The resignation of the bishop co adjutor of Alabama, will be received, and it is said, accepted. Charges were circulated in his diocese against the character of Bishop Jackson to such an extent that the bishop felt his useful ness impaired and a resignation- the best solution. Taylor Case Goes Up. Frankfort, Ky., Special. Chief Jus tice HazelTigg, of the Court of Appeals, has granted a writ of error from the decision of the Court of Appeals to the Supreme Court of the United States in the contest over the officers of Gov ernor and -Lieutenant Governor. Ex Governor Bradley and other attorneys for Taylor will go to Washington this week to present the writ and ask that the case be placed , on the docket of the Supreme Court. Otb Retired. Washington, D. C Special. General Otis has been formally relived of the command of the 'fruited States forces in the Philippines, and of the SixfH Army Corps. ' : ., New fork, Special. The weekly bank statement shows the following Rhanzes: Surplus reserve decrease Sl.331.350; loans increased $12,954,300; specie increased $2,482,400; lebal ten ders decreased $744,000: deposits in creased $14,679,000; ; circulation In -creased $437,000. The banks now hold $7,964,800 in excess of the requirements of the 25 per cent. rule. - ; Eighty-seventh Day. Without pre liminary business the House resumed consideration of the Hawaiian bill. Mr. McDowell, of Ohio, one of the orig inal opponents of the Hawaiian annex ation, was the first speaker. He in veighed against the labor conditions and corDoration influence there. The nassage by the Senate of the Porto Ri can bill was announced and the meas ure was Immediately referred to the ways and menas committee. Mr. De Armond criticised the labor conditions and the section extending the consti tution to the islands as far as apnUca- ble, saying the constitution was there of its own vigor. 'Khrhrv-iLin'th Day. The house did not finish the-bill to provide temLtor ial government for Hawaii. When the hour fixed for taking a vote, rour o'clock, arrived, less than half the bill had been covered and so many amend meats remained that it was agreed to continue the consideration of the bill under the five minute rule, until it was finished. Several important amend ments were agreed to, among them the following: To nullify all labor contracts n the islands, to extend the alien contract labor laws to the islands; to prohdbtf the saie of intoxicating liquor m sa loons, to limit the land-holdings ot corporations to 1,000 acres and to sub stitute for the house provision relating to the appointment of judges and other officers cf the island, the Senate pro vision. The house provision lodged the appointing power in the governor; the Senaie placed it in the President. An additional urgent deficiency carrying $405,000 for the fees of United States marshals, jurors, etc, was pasted. The Naval Appropriation Bill was presented. toy Mr. Foss (Ills.), acting chairman of the committee and -Mr. Wheeler (Ky.), presented a minority report against certain features of the MIL The. house then resumed the con sideration of the Hafefeiian territorial bill. . , ' Ninetieth Day.The House, after four cay s of debate passed the suh- stitute for the Senate bill, -providing for a territorial form of government for Hawaii. The bill now goes to con ference. The most interesting feature of the day's proceedings was the at tempt of Mr. Hill, of . Connecticut, to secure the adoption of two amend merits, one providing for a resident commissioner instead of a delegate in Congress, and the other declaring that nothing in the act should be Interpret, ed aa a pledge of statehood. Both were overwhelmingly defeated-- - Ninety-second Day. The House paid tribute to - toe memory of the late Richard Parks Bland, qf IMlssouri, popularly known as "Silver Dick Bland, who was a member of the House for twenty-six years. Splendid eulogies of the life and career of the great champion of silver were offered by members on both aides cf the poll tical aisle. At the conclusion cf the ceremonies the House, as a further mark of respect, adjourned. . : Frankfort, Ky., SpecIaL-The court ol Appeals has banded down a decision In the governorship la favor ot the Democrats. Ex-Governor Bratftef. chief counsel for Taylor author. red tht statement that an appeal on behalf ol Governor Taylor and Lieut. Governor Marshall wui be carried to toe Supreme Court of the Un.ted States. Mr. Brad ley and W. H. Yost, counsel for the Republican State officers, were in con sultation With Governor Taylor foi several hours and the above itetemect was made at the close of the confer ence. It is stated that CoL W. C. P. Breckinridge and Republican leadem from different parts ot the State, will meet Governor Taylor in conference here. Ex-Governor Bradley said: ' We will not take advantage of an technicalities to delay the progress of the case. The decision of the Court of Appeals is not diaaeartenaig to us. We will ask for a writ of error to the Su preme Court at once, and these coa tests will now be at an end in a very short time." The Court of Appeals hands down its decision in me guoernaior.ai conicsi id favor ot Beckham, Judge DuRolle dis senting. The other two Republican judges, Burnam and Guffey, handed down a different opinion, which differ- fered in its reasons from the opinion of the Democratic judges, but agreed with them in its conclusion. Judge llobson, one of the four Democratic judges, wrote the opinion of tho majority of the court, affirming the decision of Judge Held, of Louisville. It recite the work of the State canvassing board "We have no more right to supervise the decisions of the General Assembly In determining the result of this elec tion than we have to supervise the ac tion of the Governor in calling a special session of the legislature, or in pardon ing a criminal, or the action ot the legislature in contracting debts or de termining upon the election of its mem bers, or doing any other act authorized i by the constitution. There is no con flict between the action of the State canvassing board and that of the legis lature in these cases. The State can vassing board was without power to go behind the returns. They were no! authorized to hear evidence and deter mine who was in truth elected, but were required to give a certificate ol election to those who, on the face ol the returns, had received the highest number of. votes. For the State boara to have received evidence to impeach the returns before them would have Deen ior inem, in euect, i sua r.- i board contesting -the election, tnd II they had done this they would havei usurped the powe& vested In the gen eral assembly by the constitution, for by its exprssed terms, only the general assembly can determine a contested election for governor and lieutenant governor. But the certificate of the State board of canvassers is no evi dence as to who was in truth elected. Their certificate entitles the recipient to exercise the office until the regular constitutionality shall determine who is the de jure officer. The right of the de jure officer attached when he was elected, although the result was unknown until it was declared toy the proper constitutional authority. When it was so declared It was simply the aceertainment of a fact hitherto lu doubt or unsettled. The rights of the de facto officer under his certificate from the canvassing board were provis ional or temporary until the de.ermlni' tion of the result of the election a provided in the constitution and upoL that determination, if adverse to n;m thev ceased altogether. Such a deter mination of the result or me eiecuon by the proper tribunal did not tak from him any existing right anraiu a from him any pre-existing right for, 11 not In fact elected, he had only a right to act until the result of the election conld be determined. We are therefor unable to see how this case can be de termined from any other legislative) action taken in the matter over which the constitution has given the legisla ture exclusive jurisdiction, and we arc. therefore, of the opinion that the court is without jurisdiction to go behind the record made by the legislature under the constitution. Such a record seenie to us entitled to every presumption in its favor which the records of thl rourt. keot under its supervision, would be entitled to receive at the hands of the legislature in a matter before it- It Is also argued that the contest board was not fairly dTawn by lot; that cer tain members of the board were liable to objection on the score of partiality and taaL theref ore, this board was no: pronerlv constituted. If any or taee objections were well founded, the gen eral assembly had full power to iae surf action as was proper In the prem- es. It does not appear that any oi the objections urgbd were presented to the general assembly, but if taey were and it "refused to make correction, 11 must be presumed that it had sufficient reasons for Its action. Besides, tni board was only a preliminary agency to take evidence and report the facts to the eeneral assembly. Tne asscm- M itself finally determined the con test" realize and the Brevities. The Norfolk (Vauf Street Railway Oomnany has put cn Its Lamberts Point & N?rflk Ilne separate car for negroes. The transport Grant sailed from San Francisco for Manila Monaay wita a number cf assistant surgeons and 5,09c tons of army supplies. A cleaning of Chinatown, in Saa Francisco. Cat, shows that the stories of bubonic plague existing there are without foundation. ' Building and Loan Crash. Atlanta. April 6. Two building and frvan. aesoclatlona passed into the hands of receivers here to-day, raakiirg three In as many days. The court prpcer Oure to each case was the same re ceivers 'being appointed try Judge Don. A. Pardeeof the United States Circuit Court, for the heme office, while ancil lary recerrers were -named in the States In which the concerns did busi ness. It Is claimed that in each case the actios was the result of mutual understanding and the cause of the re ceivership the same adverse decls'023 by courts in. the matter of taxation. Origin and ft atlag t the Present Pik flev.meat. S. Wlttkovaky, in Siatt Normal Mag axl&e. WhUe traveling ta Europe, some 10 years ago. the writer n a certain oc casion mrt eeveral American. 1 was introduced as a Nori-Caroli&laa to a gentleman from Ohto. roateoABce assumed a puatled. tnq'ilrtag lock, and 1 toon leaned, tha: b was making a mental survey of the map of his 01 country In cr&tr to locate North Caro lina. Presently he eemed to recill bis eirlr Krrar-aical training a -Eareke" Uke expresi.cn of latttllcenee ItapbU face, and In a self-aatlded aian&er be aid: -Oh. res! It ii In AfcteTlllel Nortli Carolina la AahTllle? Think of it. ve Tar iUfrl. I cite this iktUtre to stw bow lit tle was known of North Care'. ma be yond the Atlaatlc Slates only twenty years ago, and bow Rip Van Winkle ism, until quite recently, ruled In the Old North State. Cut, presto change! Within the lait twenty year the wind of projrts his touched our State. WUhla that time be has made greater strides In Indoa trial develoDment than aef oCer Bute In the Union. To-day the wonder ful resources and magic developments virtti Pufftlltn are known and talked of. not only in every part cf the j Union, but in Europe aa welL Every true lover of our State f yells with Jmt pride la hU heart when he points to these facts. The timber landa snd tbe br auty of tte scenery of our St;te hive attracted the people from all parts of the civil ized world. Only three wetke sgo. a gigantic corporation of Englftm and American capitfiT.r'.t bought a pcrtlon nf nr timber lands in eifftr North Carollcafor $:3.(K0,0CK). which land, iwcnty years ato would probably not have a:ld far $4,000,000. While all this Is gratifvtng. It I In-lgtlneant when compared wf.h tbe p billti of the "Tt, nf the Skv." There nature has put forth her subllmest tCorix. There oze r ands transfixed snd tiews -tn of the scenery. There ...... 1 . int-niiinfarllT broucht to feel 1.1 iJ . u " " - - - Kta ftn insmlficacce. and to the sullmity of the Creator mnur r.f his handiwork. TnnannAa c.t fertile rallies on whve besoms flow panting the erstwhile per .,rA Btro.nms hich iteemlfig witn trfuui KlmDlelr wind their tn ' flnlf. The sweet-scentM laurel, the rhododendron, lobelia card- t.oh ana taousiuas l iwa kirt the e valley on vry side. n fh. Jntirlt a eccene as beautiful and enchar.lirg aa the most poetical mind could conceive. To preserve thrse grand foreU and shield taem from tbe axeman's band, has, for a 2ong time, been the wLb of many of our most thoughtful citizens; but. for tbe irt of concerted action, no plan bad n -tteriallzcd until recent ly, whr a Judge Day visited a friend who had settled In western North Car olina .-ad being so much Impressed wi.L ih Reentry ana surroundings, in vigorated, i-tlmulattd and exjiuraitu by the bralth-giv'.ng czone. save mc cue to th advisability or mailing a na tional park for the Ea5t. as tne iei low Stone" is fcr the West. Shortly thereafter President McKInley coming through Ashevllle, Judge Day pomtea out to him the grandeur cf the scenery and the propriety cf having a national park for the Atlantic side 01 me United States, and we hope succeeded In inspiring him with bis views ar.d enlisting his co-opentlon. The forczoinsc incident so encour aged the people of we-tern North Caro lina that their long-cherl'bed wish be nn ta take shane. The board cf trade of Abbeville, soon thereafter, called a mnxentlon of citizens from various States, which was held at the latter nir n November 22. 1S33. The con vention was largely attended by promi nent gentlemen from the two Carolines. Georgia and Tennessee. Am-nc who-n wn nur twn Senators. Mr. Ba ler (In nrcnni and Mr. rrltcbard tby letter) rrinff-reKKmen Crawford and Richmond Pearson. Mesr3. Josephus Daniels, T?ir'H Xewa and Observer: N. O. Gonzales, editor of The State, Colum bla, S. C.; P. A Stovall, of Tie Savan nah News, Savannah, Ga., and many others of note The irertlcg was very harmonious and pitr'-otic, but there developed a difference of plnloa es to the name. Some held tcai 11 suoum ot called the "Sou-them National Park." ethers. -Southern rarx ana t ami Preserve." and still others, especially the committee appointed for that pur pose, held that the word "Southern" might have a tendency 10 ioijm: , and thus fall to secure tae co-operation of Eastern snd Western Congress men, and some that Forest Preservi wor.d not give It tbe nsfonal seoo ana character so much desired. Henct the committee, snd I think very wisely, recommended the poetic eupbonloui name, which was originally Imparted to DoSoto by the Indians as the namt of this Eastern chain of mountains, towit: the Appalachian. Thus the association cf the Appala chian National Park was organized by the election of Hon. O. S. Powell, Vresl- Amt and Dr. C P. Modler. as secre tary and treasurer; with vice presi dents for the various States, the lowinr for this State, to-wft: A. H. McQuilkln. M. II. Cone. Hon- Tt. D. Gilmer. Hugh McRae, J. P. uau well, Harry Walters, A. B. Andrews, S. Wltkowsky and F. R. Hewitt. The various committees have been at work In .their respective spheres and a bill for the establishment cf the Appalachian National Park in western North Carolina has already oeen intro duced in Congress. It la the aim of the association to have the t'nlted States" government purchase from 400.000 to 500.000 acres of land located in part In- western "North Carolina, Georgia and Tennes see. Should the nark be established it would redound to North Carolina's greatest glory and benefit. No loager Would it be possible for an Ohio man jto locate North Carolina. In Ashevllle. as tens cf thousands cf tourists, not only from this country, bat from the whole civilized world will annually fiaeV ta this "Mecca of Health and Wonderland." Soon there would be iieited hundreds of cottages' and man clans perhaps not of as princely mag xdficence as the Vandernut Palace, btt fcecertheless, places of elegance, re finement; and comfort would spring fan. and instead of aa now "a log cabin bese and ttere elegant Srombs would oe inn raw . . M - The fcundreds of unused water pow ra would be harnessed for industrial slants. - Towns and cities would spring np. LanCS wouia rsiuuice in . i,rmrird fold. The vartoua nunera. and precious stones now hidden In th . iwwaia th en wouia 09 boot i. Tte axe and the hammer wo t- ...r if with the hummtni nf th snindle and the loom. All woulc b beard in unison with tho humming of the f ptadle and the tooca. AH wonll be Ufa, thrift and euatestsae&t. where now are heard only tbe boaUtg (4 tie owl and the svcaaional aroing cf the tear. raUr and wildcat. I have heard It saarved by the bo have vistted both tie yellow Stone Park and the tern tor y cospruisg tae prospective AppaUrSKa Park, that wKfc the axerptloa ef Ue sUeJ.ef Ue TeHew fttcse.the Appa'aca-aa has a hnadrsd fold greater attretto Ta Yellow 8ton caa oaly be te.id "dar ing about roar mo&tte ef the rr. whale the Appslacatia raall b vial:s very eaaaoa la tbe year. Tbe expense a reaped, and the Usss to, to rf the Tellow ftrooe is beyrnd the mes&s of the average American rttiscs whereas to rer& tbe Aptlarbtaa la within tbe eaeana ot almost every coe. from Uoatov to tbe Tellow oae Park Is a ywrttr of t7 boara. asd from the same point to tie" Appala chian. U II bomre: from New Yore Xa tbe Yellow Stone t a ourr of hours, and from tbe e point to tae Appalachian, la Z3 bows; from Chlran to the Yellow Stone Is s ynnry cf hours, and from tbe tame pottt to Ue Appalach'sn. Is 5 boora. But Here ti still work ab-sd tr all of as, to obtain tbe coaarnt cf Con gress, aid It behooves every rit!Sa to bcetlr himtelf. In U'.s cause. Ue stu dents of Ue S'.ate Normal cwld eter clse a good influence with Uer dr pspera, brothers and i wert Tartar But 00! Perua tbe tbcfht' a od'tts of tbe Normal ave no sweeic nee'r a ore. They have only young rentlexnen friends, or pevasee a con venient cousin cr tw : if . I once Ihem to enll't u ftlu Mac hi . 1.0 1 UN. Two Factories Pilt.d With Burned. Whwtofc was rlUted by thirty thousand dollar tire Tbontfay Two Urge frame factor! ea filled eltk leaf tobacco and rour dwellings In East WVaacou were burned. The fire starte4 oa Us second floor of the leaf bout of D. C Edward. b-Jl the vtigla not known. Tbe flames spread rapidly and In wo hours Uls bouee and Ue leaf factory of Capcaln IL I Rlggins wire In ashes. Mr. Edwards bad $&.(H0 Inaarinoe oa bis building and l alures and tMX) oa Ma tdbaoio. Drown and W.llUmeoa, tobacco maaufarturers had $7,009 worth cf leaf in same balldlcg. hli was insured for $300. Oiptoia lUi gins hid only $2,000 on his f artory sad $i.M0 oa bis stock of leaf. Engineer a. C. McKinnle, of Ue Southern IlaJs sy. who occupied one of Ue dwellings burcod, barHy escaped with hi finely and lost praocally iil '" bis prvpvrty. Only $300 insurance carried on Ue four dwellings. Tar tlrel Notes. The Odd Fellows of Charlotte are jonstderlog the question cf celebrating Ue Slat anniversary of tbe order In America on April SC. ML Airy had a small Mais Tuesday morning at 3:39. A meat market, res taurant, produce bouse and confection ery store wm destroyed. R. J. Chambers Is Ue flret North Carolinian to Join Ue National baseball league. Mr. Chambers Is from Weavtr- rille and Is one of Ue pitchers on Ue Boston team, cow in training at Greensboro. W. L. Barlow announces Uat Tar- j.m mriT tiara a oeanot factory next fall. The first meeting "of the subscribers will be held la July. De- sides a cleaner. !t Is proposed to bs a sbeller and a bag fa tor. will save to tbe farmers. Mr. Barlow says, a rent or two cn each bag. At Charleston (Thursday) tbe tax assessment" matter comes up before Judge Slmonton, Standing Masryr Shepherd referred to Jude Slmonto-i two rcattera. In one case a expo ra tion refuted to show Its books, saying if It did so and revealed its business, profits, etc.. It would be damaged. Ia the other case the railroads claim that Ue corporation commie. icn has no power to Investigate aa to whether rail road property Is undervalued. These matters Involve a great deal. Of course both are test cases. The I'nlon Copper Mining company bare Issued a 4t-pagt book containing an Inventory of Ue company's bnlld ings. machinery and accessories. The book shows Us com piny to have twelve shafts sunk, gives Us contents of tbe power house, blackamlih shop. machine shop, big daza pumpbouse. Honey cutt dam pumpbouae, old daxa pumpbouse, saw mill, stable, smelter, carpenter shop, storehouse aasay of fice, main office concentrating mill and mentions Ue three story bote! and one hundred, and ninety-eight dwelling houses. Machinery and supplies worm m.,000 are now en route to the m-net There is on damp 111.U0 tons cf ore, Ue present market price which is $2.- 150,104.11. Four car loads of ore was sent north from Ue mines Uls morn ing. Salisbury Sun. General J. 8. Carr has retained from Durham, says Ue Sun, and is making ' progress toward recovery, but walks with Ue aid of crutches, as a result cf Ue bad fall ha got in New Tork. Benjamin F. Adams, who served during Ue Spanish war sftU the Sec ond North Carolina volunteers, baring enlisted at GreenaUra. committed suldde recently by Jumping is the Riritan river, near Brunswick, K, J. A special from Wilson says that Ue body of Bert Parr ell was found In Us woods in Nash county, near Ue Wilson county line, Friday evening- Tiers were Cue or f oar bullets in his body and It is supposed that be was shot a day or tro before. Mr. jVrell ws weU-tnown la Naah ana wusoo coun- tles 2 had gfrrtral ' cneaws, generally txUmSCytfc wu by one of Ora.. -, tt ia Throngitbe fear thai tha tragi! and alieate Its'ian greyhound will become extinct a movement is now on foot in Engla- d to establish a Inb 'or tbe improvement of Uis i re.d of log and making thsa mors popular as household pets ., u1 II 1 1 4 51- u Sir