THE CAUCASIAN
SIMMONS' WAIL.
In the News and Observer of
PUBLMH KF
SUBSCRIPTION RATIS.
Ml Y KAK
II MONTHB -"0
TURK! OMTHH
itw st ths Post Offlre in Raleigh,
N. c:. M seoopd-eiass mail roitw
KVKHT THDRHDAY M008 29tn PPr1 n Interview
1th Simmons in which be Myi
that if his ro neb ln i defeated in
thslr effort to capture the legisla
ture, thn that body will throw
out enough vote to defeat the
amendment should it receive a ma-
jorlty of tho votes cat. The people
will defeat the infamous and odious
disfranchising scheme In spite of
Hlmmooi' ballot thieves and eon
tables placed at the polls solely to
intimidate honest freemen. They
will defeat any other damnable
scheme he may devise to rob white
men of their liberties.
Simmons says: "They will throw
ont the vote 'from nearly every
county In the Kecond and Sixth
districts that may give a majority
for the amendment."
Now, we hare time and again
proven that the negro Is the great
source of Democratic strength in
fact the negro counties are verita
ble Gibraltar of Democracy. 81 m
moos frankly admits that the sec
oud district, which is well known
as the "black" district "mat" give
a majority for the amendment.
Then, too, there are somo "black"
counties in the sixth district, and,
according to Simmons, they "may"
also give a majority for the amend
ment. Now, let us address a few
words to the white men of North
Carolina who reside in the white
counties.
Here Is a bold intimation from
Simmons that the "black belt"
roruLiHT TICKET.
For Governor :
3YKIJ8 THOMPSON,
of Onslow County.
For Lieutenant Governor:
A.o.HHirroRn,
of fata whs County.
For Beexetary of State :
J.WHl'LsTKN,
of Co'amr n Connty,
For Treasurer :
W. H. WOKTB "
of OuilfnM Oannty.
For Auditor:
HAL W. AYKK,
of Wske County.
For bap. of Pnblio Instruction :
N. C. RNGLIHn,
of Itandoljih Connty.
m
For Attorney-Oeneral ;
II F. HKAWKLL,
of Moore County.
Far t hiu'n Corporation Commissioners
A. H. I KAfK,
of Granville County.
For Member of Cor. Commissioner! :
J.T. PASCHAL,
of Chatham County.
DO tOV
or ota
wawy jovm
maaiiiEo.
That feature of the amendment
which provides that every boy, 13
years old or under, mast be able to
read and write after 1908, will op
erate to disfranchise thousands of
honest, poor boys, because these
boys, through no fault of thelrown,
wlil not be able to obtain an educa
tion. Every farmer and operative
In the factory will hesitate before
he will vote for an Infamous scheme
WOT THI AMrarDJSEirr, BCT THE
riCKS.
or-
Democratic leaders and papers are
try tag bard to sake it appear that
it is the amendment they ' want to
carry. Bat it is not. It is the offi
ces they want. The amendment U
just a hobby they hope to rioe in of
fice on. As proof of this, in several
corn ties, they have nominated men
for office who are opposed to the
amendment. They nominated them
hMinui thmw wmrm thaonlv man thiiv
A I 1 111 4 1 1 1 i ... 1 I I...
w.,i pu. ii. , ..t..jr could hope to secure the office with.
. a. a a. a a a J
In sections where the sentiment is
largely against the amendment, they
For Com. of Agriculture:
.!. M. MKWBORNK,
of Lencir County.
Fur Com. of Labor and Printing:
.1. Y. II AM RICK,
of Cleveland County.
For Judge tuth .Tndmial District:
I. L. WITHKRSI'OON,
of ratawbn County
For Klentors st I.argw:
K. B. DAVIS, of Npw Hanover Co.
W.D. MKRRITT, of Vernon Co.
"may" go Democratic, thus, by
counting the negro vote for the
amendment, they will defeat the
expressed will of the white men
of the Ktare. He proposes, by de
bauching the ballot box to put on
the white men this most odious
scheme to rob them and their sons
of the right to vote in the future.
Will the honest, sturdy yeomanry
I of the State endorse, support or
tolerate such a diabolical purpose
Don't fall to register. If you have 00 tho Park of Simmons to count
not registered, do so at onco
yonr liberties.
Have
Tfik Caucasian will be full of
interesting matter from now till
the election.
ino negro vote against them m
order, to pass this monstrous dis
franchising scheme!
Will they permit Himmons so
Indian like in form, feature and ac
tion ; so Indian-like in characteris-
Whitemsn.the Simmons ballot- t,C8' ,rchory n,i cunnlng-to in
A. a I A . 1 til
hifflmr mwiiiii. iSn Ji.f. "niw mem wun ms armea
chiseyou. Stay at the polls on elec- n,wlIon constai,leH' a,m roD tnem
tion day and seo tba- jour librtie an'1 thfl,r mn r " highest prlvi-
are not stolen from yon, by th one- M nrrrMl on them by the con
ration of the Simmon election iaw. titut Ion he.r sacred right of the
ballot by counting the negro vo o?
The (UtrcAHUN Is being road and "lrive tn white man of his
appreciated by hundreds and th u I right nf Kuffiae and h is nothing
san Is or iHHUncrats in the Stau- phk than m. rUvp A rn i.ha man
ll M giving them facts which tliey who thH . o w . .
can't get elsewhere.
IT you want a bull e;i to vol in
apyly to the Simmon ballot stu flits g
machine where they are tuade to or
der f-r the purpose of robbing men.
our factories, ready for the chains
of slavery to be riveted uu them by
the Simmons ballot-stuffing ma
chine? White men of North Caro
lina, it behooves you to guard
neath the town "nigger" dude.
Suppose that the father, who
works in the factory, and whose
boys are compelled to work also,
should die. his sons would grow up
In Ignorance because they would
have to work to make a living, and
no opportunity would be afforded
for them to get an education. Is
there a father wbo would vote now
to put his boy in each position?
is there a father who fa so lost to
a sense of justice, and righteous
ness that he would so act and put
his sons greatest political privilege
In danger? Mr. Aycock says that
white men will always be allowed
to vote because they "inherit" it.
If there be any force or truth in
this argument, then why do tot all
white boys inherit the right to
vote after 1908?
If the father "inherits" the right
to vote because he is white, then in
the name of common sense and
common honesty, why cannot the
father transmit to his son forever
the right to vote?
Fellow countrymen, freemen, this
amendment was not brought for
ward solely for the purpose of
eliminating the negro from pol
tics, but to remove thousands of
honest, independent, liberty-loving
white men, who will not obey the
behest of the Simmons machine.
To prove that it is the purpose
to disfranchise white men, they
make the payment of Kill-taxes a
condition precedent to voting, and
they also added a requirement that
all boys in the State 13 years old
or under shall be able to -read and
write after 1W8. Was this inten
ded to strike down the negro or the
whife boy? Clearly it was inten
ded for the white boy.
There is no white supremacy in
this feature of the amendment
which was intended to degrade the
poor white boy and make him a
SLAVE.
From Kuch an awful condition
of affairs let all who love liberty,
Justice and fair-play r verently
ami fervently pray that the good
people of the State maybe spared.
It can only be accomplished by de
feating the infamous bollot-stuff ing
Himmons disfranchising machine.
will tell white Democrats and color
ed ones, too, that it is all right for
them to vote against the amendment
if they want to, just so they vote the
Democratic ticket. And we venture
the assertion tbat before the election
comes off they will tell even negroes
tbat if they (the negroes) will vote
for their (the Democratic) candidates
they (the Democrats) will vote
against the amendment. And Dem
ocrata who will want to aspire to of
fice, wiil not want any one to see
them vote. They will fear the fu
ture. Watch and see them vote it
white men. of their liberties, should JaloUBly your right and the rights
they vote against the disfranchising
amendment.
ir you want 3our neighbor to
vote Intelligently in the Augunt
election, send him The Cavcasian.
a i
i wimociai was Heard to say
the other day that "if they were
going to steal the election, there
was no need of holdmg an election
That his father taught him that a
man who would steal eggs, would
steal tbe hen that laid them, and
that a man who would steal votes,
would steal anything he could lay
his hands on." All Democrats are
not rogues and cut throats.
W. E. Hani, of I'ikeaville, Wayne
county, was In Wednesday and
paio: nis rather's subscription. He
a .a a
saui ine amendment would not
get one-fourth of the votes in his
township. He further said a man
by the name of Aycock, a Demo-
A
crai, was out making speeches
against the amendment. Ho said
that if the Democrats carried it
they would have to steal it.
At every public speaking grt up
vm. or more CIUOS lor T1IR CAUCAS
IAN Meo our campaign offer.
-u you woum not trust a dishon
est and tricky man who deceives
you in business transactions,
would you trust your political lib
erties in his bands? The Simmons
machine pledged the people that
thy would not submit any dis
franchising amendment. They de
ceived the people in 181)8, and they
will rob them of their liberties now
if they can.
We have some able contributors
to the columns of The Caucasian,
anmt will interest you to see and
read what t hoy sy. If thy give
the truth accept it If It is not the
truth, show wherein it is not. The
people want the truth at any cost.
If the amendment, whn tlrst
propoHod, hy the legislnture at He
session in 18W wa such a perfect
con-ttutl.jual scheme as all the
lemo,-ratic machine lawyers
claimed, will they explain why It
was amondrd at the recent session
Oftho legislature! Tbey brought
forward thl amendment with the
deliberate purpose to disfranchise
illiterate white men, but seeing
that these honest citizens could not
he deceived Into voting away their
political frewlom, the wise (?)
solons coupled together sections 4
nd6. This does not make the
amendment constitutional, nor
does it remove the danger to white
men's rights, but It proves clearly
that they were covertly endeavor
ing to disfranchise white men.
Finding the indignation so intense
agalnt them, they changed the
amendment. But the masses have
no confidence In the machine and
Will not endanger their liberties.
or your sons while you now have
them. When onc destroyed they
can not be regained. The Simmons
ballot-stuffers intend, il porsible,
to count sufficient majorities In the
negro counties to overcome the ma
jorities cast against the disfran
chising scheme in the white coun
ties. Let the white men of the State
pile up such an immense majority
against the ballot-box stuffing,
disfranchising Democraiic ma
chine, as will thwart Its purpose to
crush out liberty and independence,
even if that machine shall be suc
cessful lo counting all the negro
counties in favor of the amend
ment. Another prediction made
by the Peoples party is clearly
verified by Simmons' wail. Early
in the current year it was predic
ted that before the close of this
campaign Mr. Simmons and his
henchmen would be active and
fertile in devising schemes for
manipulating and counting the
negro vote and this very purpose
is clearly disclosed in what he
says.
White men, Jealously work to
preserve your liberties !
SIMMONS TKIEO TO DISrR ANf '.M
WH1TB MKN IN 182.
It is fresh in the minds of aii tbe
ftrrmers of this State that in the elec
tion of 189'J Simmons, who .fas then
Chairman of the Democratic Execu
tive Committee, seut out a "secret
circular," the sole purpose of which
waa to disfranchise thousands of vo
tors.
He endeavored, by the use of his
secret circular, to prevent every man
who ditl not have hi full name on
'tie registration books, from voting.
Let us illustrate: If a man in 1892
wan registered John D. Brown, he
would not hav been permitted to
vote if Simmoni' Mrrt instructions
bad ieu carried out; for Simmon
ibrnnieb bn uHeeret cironlar," enn
tended that tbe voter hnUli have
been register d by fain full name,
John D e Brown.
Stinmous was then ndeav..rinE
oy hecrot and tracberons methods,
to disfranchise white men just as he
is now ttying to do by tin infamous
amendment.
Are the honest bnt unfortunate il
literate wbito men, wll log to trust
their roost saertd political liberties
in the hmds of "secret circular"
Siuiroonef
Hia purpose in 1892 through the
operatiuu t his eleetiou law, was to
u,,rncnie white men, and u man
wbo lov8 liberty will trust him now.
Mr Aycock swears he believes"
that the amendment would not dis
franchise white men if adopted. It
is not what Mr. Aycock ''believes,'
for he might brieve that" the moon
is mad wt vreen biee, jet his be
lief would not make it so. White
men will not risk their politic! lit,,
erties on what Aycock "believe."
SUFFUSE HE GETS HIS It ALLOT IK
THE WRONG BOX ?
But according to the Charlotte
Observei Mr. Aycock made it all
clear at Salisbury as follows-
"He pictured two white men going
to vote. Uae is educated, ZL years
old, has been in the State two years,
in the county six months, and in the
precinct four mouths. He votes.
The second is 21 years old, has been.
in the State two years, the connty
six months and the precinct fonr
months, but he cannot read or write
His father and grandfather vottd
before him. therefore he votes.
Charlotte Observer.
Suppose his grandfather was pres
ent, he would not be allowed to tel
his grandson in what box to pot his
ballot. Suppose he gets his vote in
tbe wrong boxl Would he not e
disfranchised? The Democrats got
up the election law. A party tha
wonld get-up a dishonest election
law can't be trusted to nse the
amendment to give every man a tree
ballot and fair count.
INOOMl'ETKJiCY AND KXIRAVGAM'E
As the voters of tbe State already
know, the present legislature not on
ly made more grave blunders, but
also passed more unconstitutional
Uwb than any other legislature since
the foundation of the State.
But this is not all. The records
show that it has also outstripped all
others in excessive and extravagant
use of tho people's money.
The official records show that du
ring the last eighteen months of the
present Democratic government, up
to may 3 1st 1900, there has been ap
propriated and misappropriated, the
enormous sum of $2,620,786.85. This
is an increase over tbe expendi
ture by tbe fusion legislature during
the proceeding corresponding eigh
teen months of tbe proceeding two
years of $611,235 32. This is a sud
den increase of over thirty per cent;
or to be exact, for every one hun
dred dollars spent by the fusion leg
islature, the present Democratic gov
ernment has spent and mispent $130.
60. Has there been any cause or ne
cessity for such a sudden and enor
mous inert ase of the use of the peo
ple's taxes.
If any shall doubt tbat these fig
ures are correct, let them examine
the official records for the mselves.
WILL. ViiOI'KCT HIS SON'S KIGHT.
"Let us, White Men. carry this
question to every white man iu the
State of all parties, and put the bur
den upon his conscience.'' News
and Observer.
Every whlto man will "put tho
burden upon his conscience'! when
be goes to vote, and he will strike
down this odious amendment which
is intended to rob his sou of his right
to vote if ibat boy does not get an
education before 1908.
He will not "stifl t his confeieue,"
as Frank Winston urged, but he will
be actuated by the highest and most
patrio'ic motives in casting his vote.
With au honest heart, fraught with
love of liberty for himself and his
son he will vote against the amend
ment and the Simmons ballot-stuf
fers.
WOULD YOU TAKE THE RISK?
Suppose you intended buying a
tract of land, and had every assu
rance from the owner thereof that
he could give a clear title to the
same; but on investigation your law
yer found tbat there was some doubt
about the legality of the title, would
tou take the risk and pay yonr
money for tbe land? No man with
any business qualifications would in-
" iutuwy uuaer suon circum
stances.
Freemen, of North Caroliua. if you
would nut ri?k yonr dollars u land,
about which there was dispute as to
the title, will you put in danger yonr
facred political liberties vour only
weapon of protection against oppres
sion and tnjustietl Let every white
man, who can not read and write,
think earnestly, soberly, yea, pray
erfully, about thts momentous ques
tion before he voles to destroy his
political liberties. Stand for your
liberties now, or submit hereafter to
galling slavery !
The Democrats in pome sections
are getting out circulars and dis
tributing them on the sly. It Is
said Isaac Smith has issued some
in reference to Representative
Johnson. If this be true, we ven
ture the assertion that some Demo
crat is behind it. Yet that same
roan cries "white supremacy " and
if a negro was to do such a thing to
a white Democrat, he would say
the negro ought to be killed. But
every thing is right so it Is done in
thv. interest of the Democratic par
ty. White man, what do you think
of it? '
REINHAKUT HONEST IN KEEPING
HIS PLBDUK.
"As we understand it, Represen
tative Reinhardt, in his campaign
in 1898, told his people, some of
whom were afraid of disfranchise
ment, that if he were elected he
would not vote for any measure the
purpose of which was to disfran
chise any man. As to the judi
ciousness of this pledge we have no
thing to say, but Mr. Reinhardt
made it and he was right in living
up to it. We had no sympathy
with the attacks made upon him at
tbe recently adjourned session of
the legislature, and no honest man
should. Charlotte Observer.
The above is true. Reinhardt in
the campaign of 1898 promised just
what every other Democratic can
didate and speaker did. Even
Chairman Simmons and the Demo
cratic papers promised that the
Democrats, if given control of the
legislature they would not vote for
any thing. that would tend to dis
franchise any man. So if Rein
hardt is honest in keeping his
pledge, then all the other Demo
cratic speakers and papers are dis
honest in not keeping their pledges.
Take the case.
WHITE BOTS WILL BE DISFRAN
CHISED. Mr. Aycock says that if tbe amend
ment is adopted it wonld so stimulate
and enconrage edncation that boys
now 13 years old and under would
get an edncation before 1908, and
wonld therefore not lose their right
to vote. We had a conversation re
cently with men engaged in teach
ing, and were informed that in one
of the largest and most progressive
cities in the State there are 1 600
children of the school age. Yet there
are only 800 children enrolled, and
that the average daily attendance is
only 400.
When asked the reason of this
large percentage not takine advan
tage of the opportunity offered to ob
tain an edncation, this teacher re
plied that these children were em
ployed in the factories, and could not
attend school. This is an object les
son for Mr. Aycock, and there will
be thousands of boys who will not be
able to "get an edncation by 1908."
They will uot be able then to enjy
the great privilege of , voting, bnt
will have to stand aside and see the
educated town "nigger dude walk
op to the polls and cast his ballot.
Another teaeher, who is So peri n
tendent of schools, in his town, ' in
formed ns that there are 800 children
of the school age in hia district, yet
there are only 325 who attend school.
Numerous eases could be cited
8bo wine that thousands of white
children in the State are not now
availing themselves of the opportu
nity to get an education.
The father, who lives by the sweat
of his brow, will not yote to make
his son a slave, because he is not ed
ucated by 1908, '
The Law arid The Facts
The Action of the Ad jesrned Session of tha Lcrislitcre ia
Anendir.g the Amendment Exposed.
ANOTHER ATTEUPT TO FOOL the VOTERS.
Since the three days session of the adioarned IsgUlatare of two weeks
ago, Mr. eimmens and bis macnine nave instructed all or the red -shirt
organs and speakers who are afraid to meet their opponents in joint
discussion, to take a new tack.
He has instructed them to now tell the people each day that since the
egislatnre has put sections 4 and 5 into one section, and has also added
another section instructing the Court how to construe the amendment, that
there is now no danger of the Court knocking ont the "Grandfather
Clause" and leaving the remainder to stand, and that therefore the danger
of fifty or sixty thousand white men being disfranchised is removed. They
now claim that it will all fall together. This attempt of Mr. 8immons and
his machine to thus fool the voters of the State Is the most arrant eaee of
hypoeracy and subterfuge of which any legislature 'has' ever been guilty.
It was bad enough to have submitted this amendment at all after the
solemn pledges made by every Demoeratie candidate for the legislature
and the whole party machine officially in the last campaign, not to do this
very thing. But it is a greater erime to now attempt by legislative jug
gling to fool the voters into doing that which will surely disfranchise
every illiterate white man in the State.
Mr. Simmons knows, and every lawyer in the Democratic legislature
knows that the amendments, wh ch they put on the Amendments, will not in
the least effect oi change the action that the Supreme Court of the United
States will take on this amendment when it comes before it. Every lawjer
that is worthy of the name knows that the Court will knock ont one sen
tence or part of a section tbat is unconstitutional and leave the other half
of the same section to stand as quick as it would knoek ont one whole
seotion of an act or a constitutional amendment and leave the other sec
tion to stand- Lvery lawyer in the United States will admit that the
greatest anthority on constitutional laws of the United States is "Cooley's
Constitutional Limitations." Now what does Jndge Cooley in his great
work say on this very pomtT we quote from page zlo from the chapter
neaaea oiainies mat are unconstitutional in part." Juoge uooiev says:
"The constitutional and unconstitutional provisions may even be con
tained in the same section and yet be perfectly distinet and separable, so
tne nrst may stanu inongn me last ran.
"The point is not whether they are contained in tbe same section for
the distribution into sections is purely artificial bnt whether thev are
essential and inseparably connected in substance. If, when tbe unconsti
tutional portion is stricken ont, that which remains is complete in itself
and capable of being executed, wholly independent of that which was re
jected, it must be sustained. The difficulty is in determining whether the
good and bad parts of the statute are capable of being separated within
the meaning of this rule. If a statute attempts to accomplish two or more
objscts, and is void as to one, it may still be in every respect complete and
valid as to the other.
What can be plainer tban this? Judge Cooley says that the constitu
tional and unconstitutional parts of an act may be contained in the same
section, and yet tbe Court will knock ont the nnconstitntional part and
leave the constitutional part to ttand, as quick as if tbey were in separate
sections ; and, besides, notice that ke says tnat if the unconstitutional part
aasone objeet, and the constitutional part bas another object, then the
Court will always in snch cases knock out tbe unconstitutional parts of a
section leaving tne constitutional parts ot tbe same section to stand and
be in fall force and operation.
It will be remembered by those wbo have read tbe lejral opinion riven
by tbat great c institutional lawyer, Senator Teller, on this very point that
ne says "tnere can oe no aouut about ibis being the law and tbe rnle bv
L : -1- 1.1 r a.- i i m
wnicn iue voarit are at ways Kovernea. '
This identical extract which we have quoted above from Cooley's Con
stitutioual Limitations bas bfen quoted and endorsed bv tha Hnnnma
Court of the United States in dozens of case; so we see tbat the Supreme
Court has adopted as its lule of construction the law as laid down bv
v uiigo vooiey, ano oi course wonia rouow mis rule in passing upon this
Constitutional Amendment when it eomes up before it. Then what would
be tne result I rne "UrandTatner Clause" will go out and the educationa
quaubcittion will be lett to stand, applying to every white voter as wel
hf o every negro vot-r in the Slate
Everybody knows that this woul 1 result in disfranchising fifty or sixtv thou
sanu win e voters in tnis Mate as sure as there is a Uod in Hmvpii will an
white man vote to do this ?
N-)t only does J udore Cooley take this position: and not onlv doAi tl
I Supreme Court of the United States endorse it, but every other writer on
constitutional law and constitutional construction takes the same position
Pomeroy in his "Constitutional Construction' paire 554. savs :
"It is well settled that an act may be yoid in part by reason of its violation
ui a constitutional provision, ana gooa as to ine remainder MIf any part of
tbe act be unconstitutional." said the Supreme Court tit th i!mr.H ut.i..
"th? 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 of
tun niir, ur iu inw urumaiid ui not.
But it is needless to quote authorities further, for all of the authori
ties are one way. and show that either the Democratic members of the
Legislature do not know the law, or else they wilfully attempted to da.
ceive the voters of North Carolina by putting Sections 4 and 5 Into one
section.
But Mr. Simmons and his newspaper organs and affidavit nrwuru
are telling the people that they weDt a step further and added a new
section to the Amendment instructing tbe Court how to decide, and thv
claim that this makes it certain how the Court will decide. This U Just
as outrageous an attempt to deceive the voters as was their trick In put
ting sections 4 and 5 into one section. Every case In the Supreme Court
reports of the United States and in the Supreme Court rennrta nf Nnnh
Carolina on this point declare that no Legislature can Instruct the Court
now to renaer its decision ; and tnat when a Legislature attempts to In
struct the Court that the Court will ijrnoro such attempt and render Its
decision according to the well established rules of Judicial construction.
We will take the time and space to cite only a few of these decisions
In the case of tbe United States vs. Claflin (97 U. 8. Report) the So
preme Court of the United States says:
A recital in a statute that a former statute was repealed or immpm.
ded by subsequent acts Is not conclusive as to such repeal or su perse
dure. Whether a statute was repealed or not is a .himm t. .ni .
, -a,sM mum aavrsj mm
Legislative question
Just so in this case, because, whether the "grandfather clause" will
fall or not, leaving the remainder of the Amendment to stand, ia a ju
dicial, and not a legislative question.
In our own State lleports there are numerous cases. In the 6th N. C.
Report, in the case of Robinson vs. Barfleld, the Court said
An act of Assembly declaring that certain deed which are not execu
ted according to law shall be neld, deemed, and taken to be firm and
effectual In law In the conveyance of land mentioned In them Is UN
CONSTITUTION L, being In violation of the 4th Section of the BUI of
Rights, which declares the Legislative, Executive and Judiciary of the
Government to be separate and distinct."
In the same opinion the Court said that they would ignore such dec
laration on the prt of the Legislature attempting to instruct the Judi
ciary and allowed them to remain "As dead letters on the statute boka.
Further on in the same opinion the Court says:
" The Court can neither nibble at the legislative power nor can the legislative
stride over the judicial."
In the 32nd N. C. Report (10th Iredell Law), in the case of Houston vs. Bode
the Court says:
" The right to MAKE laws is vested in the General Assembly; the rirht to decide
what the law is and what it was is vested in the Supreme Court The awumption
of right by the legislative power in December, 1840, to INSTRUCT the Supreme
Judicial power how the law shall be taken and held to have been in 1828 or in Mav
1840, is an infringement of the distribution of powers made by our form of govern
ment and a breach of the fundamental principles set forth in the Bill of Rights
Section 4, which says : The legislative, executive and Supreme judicial power
ought to be separate and distinct from each other.' "
Can there be any doubt about the meaning of this language ? As we have stated
above, numerous other tecisions to the same effect might t quoted. Indeed all
the decisions are the same way. Can anything be clearer than that tbe Democratic
lawyers of the present legislature are either ignorant of ihe law or else stoop lo a
most unworthy attempt to deceive voters whose liberties are at stake ?
But Mr. Simmons' red shirt organs and his affidavit speakers (who are afraid to
meet the Peoples Party candidates ia joint discussion ) say, where there in no one
present to reply to them, that "the court must of course take notice of the intention
of the legislature, and the legislature bas in this case declared its intention in a new
section as an amendment to the amendment, and that of course the court wilt decide
according to the legislature's declared intention. Now let us see what the law is on
this point. To say that the Supreme Court will never declare any one section of a
statute void and leave tbe remainder to stand, where it is clear that the legislature
would not have passed one part without pawing the others, is practically to fay that
the court will never declare one section of any statute void without declaring the
vrnnl statu!- vmrl vn thmmli ... 1
C3 ni;...ir VZSOOA.
co tub tror3 ALL SAT
our BLrwDxae An r
TloatLUwi.
The djoarned session of IU v.
moaa lawyer LegtaUtur wbirfc
oa tbe 12th to correct ta k g,?'
M im Hums Wymar.
If las Sum Wjmir, tahr la thl
Richmond .ohoo!, Chicago. Ill, write
tha following Uur Dr. Hartsaaa re
gardioa rV-ru na. Rh saya: Onlj
ihoeewho hv Buffer! aa I bava, eaa
know what a t.lMiii( it la to be able U
find relief in P-ru-na. Taa teas bees
my xpahonr. A friend la need la s
friend Indeed, and evary bottle of Pam
nal avar Sought proved a good friend
to m." Sun Wyinar.
Mrs. MarKarrtha Danben, 1214 Norta
Superior t., lUMna City, Wis, wrlteai
I faal so wU aid good and happy now
that pen cannot dacrih It. Pa-m-nall
rytblnic to m. I hava takaa aaveraJ
bottles of !-ru-na for femaleeomplatnt
I am ta tha'hsng of lif aad ttdoaa mt
good." Pe-iu-na haa ao aqaal ta all o(
the irregularities and mergaocles p
altar to wom?n eansad by palvil
terra.
AddraM Ir. tlartoiaa, Col ambus, O
Is a traa bo. k for woman ably.
II r .. .
It is to be presumed that every legislature and every Congress when it passes an
act intends it all to stand, or it would not have passed it. Was the SupremeCwurt
of the United States governed by the intent of Congress in the income-tax cases?
Yl?01 P?rfecUy cl and unquestioned that Congress never would have psaaed
the Wilson-Grman tariff act with the rates of tariff duties that it contained hadnot
Congress at the same time and iu the same act put in a provision for an income tax
to raise thirty or forty millions of revenue? Probably every schedule in that act
would have been changed if those income-tax provisions had not been in it. Not
only did attorneys icall 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 rendered defeats the purpose of Congress by taking out'oi the
revenue not less than thirty millions and possibly fiftw millioni of dollars, expected
to be raised by the duty on incomes. We know from the official JcWlsJflKS
Houses of Congress that the taxation on imports would not have been reduced tothe
extent it was by the Wilson Act except for the belief that that could be safely done
if tbe country had the benefit of revenue derived from a tax on incomei We
know from official sources that each House of Congress distinctly refustostriki
out the provisions imposing a tax on incomes. The two Houses indicated in ererv
possible way that it must be as part of any scheme for the reduction of taMtionVS
for raising revenue for the support of the Government; that (with certain snecifled
exceptions) incomes arising from every kind of property and from every traded
calling should bear some of the burdens of the taxations imposed -
J" t?fvC?rt' re&ardle8s ? Pe int ofjCongresa, knocked out as unconsti
tutional the income tax provision, while leaving the other sections
Every lawyer who is able and fit to defend or to prosecute a chicken thif ,m.
less a ballot-box thief. knows that nothing is bette?5&d I thanlhTt 2sSS5fi
ltidcrnifnr ia void Nnv tVii : wi HcruuTe
7 . ocvuuu instructs tne court that
thinks all of the : sections of the amendment are constitutional, then to let all of
Btanrt OH An h. 1ia lia.J it 1 1 J r .
AN UNCONSTITUTIONAL SECTION Or
TSMC mLBCTION LAW.
The Legislature, at its adjourned
asaaion last week, added two new
sections to the election law, number
ed 88 and 89. They are as follows
Section 88. That upon any applica
tion beinr made or any action or pro-
radinr of any kind commenced or had
before any judge or any coun in mis
State for a mandamus or order in the
nature of a mandamus. Injunction, re
straining order or order in the nature
thereof, to compel, prevent, prohibit er
restrain tbe performance ot any art in
respect to his duties, against any officer
or omcera proviata lor in mm an, me
matters stated in the affidavit, petition
or complaint upon which such applica
tion is based or action or proceeding
had, shall be taken and deemed to be
denied, and no such judge hall issue
any such order, temporary or otherwise
until the facts have been Mibmitled to
and found by a Jury at a regular term
of the Superior court of the county in
whicb such officer resides.
' No such order shall be made or tiMiued
upon any rase agreed, or upon fart
found by a jury at a special term.
hection 89. That when a jury lias
found the facts and any judge shall is
sue a mandamus or order in the nature
of a mandamus, injunrtion or restrain
ing order, or other order in the nature
thereof, to compel, prevent, restrain or
prohibit the performance of any art in
respect to his duties against any officer
or officers provided for in this art urh
officer or officers shall have the right to
appeal from such order to the Supreme
court, upon giving bond in a um not
to exceed tbe sum of $100, conditioned
to pay to appellee all such cost and
damages ss rosy accrue by reason of
such appeal. "I he said bond shall be
received and approved by the clerk of
tha Superior court. A deposit of money.
or the amount or the penal sum named
in such bond, shall be received by the
clerk in lieu of sueh bond And upon
nnng sucn bond or making such a epo
it such order shall be vacated until af
firmed by the Supreme court; and until
so affirmed the election officer shall pro
ceed to perform tbe duties imposed by
tms set, notwithstanding sucn order.
Tnese sections are elearly nncon
stitutional, and will so be declared
by the Sn preme Court. In these sec
tions the Legislature attempted not
only to rob the people of the State of
tbe protection of the courts, bnt they
attempted to rob the courts of a fun
damental right and power. If the
Legislature can thus rob the courts
by statute of one of their most im
portant functions and powers, then
the Legislature can as eaedy by stat
ute abolish every court in the State.
No one will contend that the Legis
lature can do this.
What is tbe purpose of a man da
mufcT it is to secure some right or
to prevent some irreparable wrong,
which right wonld be forever lost ot
which wrobg could never be undone
if the courts were to wait for the
slow machinery of their regular
terms. lLjnee the courts have been
given power to issne such orders as
mandamus to preveat an irrt-parable
wrong and other such emergencies
When an elector who is in every way
qoaliOed to vote presents himself for
registration, and tbe registrar ia da-
Bancs of law refasta to register him
that elector weald lose bis vote and
be disfranchised at that election, an
less be could apply to tbe courts for
a writ of mandamus. This is clear,
because if tbe elector moat wait for
tbe next regular term of court iu bi
county, and then file bis complaint
and then wait aotil tbe neit regnlar
term, which is called the trial term
k - l i -a .
uv nwiiuo wwmu nve nwo over
many months before lb re wool1
ir com ta trial. It is to trvn
lm sucn wrongs as this that the
maodasf us is intended, and has a)
ways been used. Now it is aUoelaar
tbat Simmons and hia ballot-box
stnfSng machine intend to have their
registrars to commit jost such infa
mous outrages in the coming elec
tion, and tbey intend to rob the elec
tor when denied his right to register
and vote, of all remedy at law. They
aeny bin an appeal to the courts o
justice until afur the election
ovtr. Tuisisoneof tbe most on tra-
geoua aud infamous attempts at l
gained robbery that has ever been
attempted by any legislative body in
tne history of tha world A- dav o
reckoning is coming for such men
ad snch measures.
a at J M awa aM J it a m rh a .
sbuiwsj aaiv aa as csiiifiii.
thai it ad In IKW. ha a.1.1 .4 t '
rwcora or ineoaipieu-T. t, .
gregation of Pemorra'ir .m
wer m teuton only thr. ,t.
yet. they mall not rt mr ..tfc.,
uiav mud a. r m.,
AT
ore unroBstita'iinsl
wo t riois mistakes and
stitntiohal law baa been d
and ti re may e utnen yti to roa.
to Ufi.'.
PL a a . m
io t Kiirviiw ui ataeo! tfc. .t
ponaat y law of Macon c uaty, ,flt
they pot the amendment oB tb
wrong taction of tbe law and t j
defeated th"purpoa of the atnaj.
meat.
They attempted to treat a sv
preme Court for Northampton .-.-n.
ty. and then to taka the rrantin - n
license to sell liquor from the .av
ty Commissioners and to gir. ,t tr
"tbeJn'fgeof the Hupremo Cicrt (
Northampton county." Thi mk
absolute prohibition in that cuntr.
because tbe prt of the art
the Judge of the Sunrenie l'..urt ,
Northampton county" graoMnc ii.,.
nor license Is unconstitutional.
will fall, while tbe other parts f ih
law takirg away from tha C'.xjbtt
Commissi intra the power t rraet
license Is constitutional and
stand. Even the New and Mur r
admits this. In its Issne f j.T
Tnesday, commenting upon thi U,
it says:
stand; but, on the other hand, if it should find one of the sections uncousUtutiom?
that then it must declare the whole, act unconstitutional. Suctfa pVotiSiau:
(Continued on TageS.V ; : .
Now
is the time to send t
Caucasian to, yonr friends. Re
member we are tending It below
cost. .
Do you rd what people say aboot
w.aimpinmr iv is curiae all
forms of duoa oaosed or prompted
by impure blood, pw
s . -
IS
"The Northampton count li-,n..r
law, it will be remctnherd. wa it.-r.
ded simply to change ih mrttn-l ..
granting lirenc. I nt . i...i-f
by a mistake in only one word, it t1
the county an aholute prohibition im
"An pointed out in Una psiw-r !.-
week, the ratified bill ay tl- li.w
must be granted "by the 'judge- f n
Supreme courts of Northampton . ....i.
ty. when it should have i.l , it,.
judge of the Superior court.
"There being nothing in that 1
ever, to how that tbe 8nprir nn
Judges are mant, that part of tli-
a dead letter.
"But the section taking Ihfgraniti f
of licence away froai the roont) ..tl,
mfofcioner will Maud. Thrr-r..rr it.
sectien conferring this o-r im.i
judge failing no licence to -HI 1i.4u r
ran be granted in Northampton .-...mn
unt il there i Mxiif further l'giUtt..n
on the subject.'
Thus the same thing will iiai
to this law as thn News and tHtrr
admits, that will happen to the n,n
stitutional amendment it it thouM
be adopted. That is, the nuronMi
tutlonal part will fall while tho
atitutlonal part will stand.
This Democratic Legislature Mm
ed to know that it would make more
blunders, no it adjourned to rot
again on July 24th to correct tb
blunders that it made this time.
When it meets again in July It will
be sure to make more mistakes and
paas more unconstitutional lawa.
Do tbe people of North ( arolma
ever want to elect another auch a
Legislature?
Tuesday's News and Oboerver la a
cartoon in it, r presenting a white
man collecting money from negroii
buy white votes against the amend
meet. For several days a bowl a
been going tbe rounds of the lm
orattc press, tbat the Kepubli an r
going to collect money from the ne
groes to buy white votes. What white
votes? Tbey mutt mean white lm'
cratio votes, for there is no one t
boy, aa the others are alrea4y agmnat
it. This ia a alandsr n the whit n.'it
in the Demoeratie party. Itisdnto
keep honest Democrats from votief
against tbe amendment. Tbey want
to prepare tbe way o the machine ran
say that thsy were bought with ngro
money It Is one of their echini
Intimidate tbeir own voters. Hum
you like that, white men?
"Free Treatment
Eree Samples."
A"WUiog'ia Always Attached to 1 1.-.
Generous" offer the VUimtU
Cost ia Ires and Kesults f erttin
When You Are Treats l.y
Dr. Hathaway. the Mas
ter Specialist.
If four house neeeds repairing u !-.
not get a blarkamith to du if
then, wben you are sick, do you Mt a
hit-or-miM mixture of dru frum
im man r
'medical wm
pany" or "in
stitute" rattT
than go treat
ment it HI
regurarly gra
plated and rf
'iMered ptiy-i-
cian and mw -
V ialtotr
Another rlvi
of men and "in
elitute.,' Telc,
J. NnwTow Ham way, to be arotrf
M. D. i tb wf4
ad vert 1 s "free treatment" and f r
remedies Too may depend up" it
that there i a very Mrong ettn" at
tached to all tbee offer, and that m
the end you pay more than jom wld
to a real doctor one capable of oeder
tanding ywr case and one wh-e ref
utation depends open tbe rorea h
BSkea Most of th se free treat
menta 'ror.it aitnply of a few d
of a very powerful timulant. whh.
when the effecu have worn off. Iea
the patient in worst condition than
before tbe "treatment.
Dr Hathaway has never restored t
these method Fot twenty year he
bTTn a practicing physician-s
specialist in the treatment of chronK
diseases of men and women. Year bv
year his practice bas growc until to
day it is larger ten times over than
that of any other specialist in fcu litis
in tbe world.
By bis method or treatment. Ix-t Vi
tal Forces, Weakened Manly Tuiir
tions. Varicocele, stricture, Sji-hilitf
Blood poisoning. Kidney and Urinary
Complain ts. and all other forma of
chronic and lingering diseases are
ud cured to aUy cured.
Dr Hathaway's office i permanent:
It is not here to-day and there to-morrow.
He practices in tbe community
where be is known.
Consul atlon aod advice free at office
or by maiL Always call at offie when
ever possible.
J NKWTON HATH A WAT, M. !
1 ? nbaway at Co.
-t D, Sovth Broad 8L, Atlaa'a, Gs