Newspapers / The Caucasian (Clinton, N.C.) / Feb. 28, 1901, edition 1 / Page 1
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CAUCASIAN - Vol.. XIX. i, RALEIGH, NORTH CAROLINA, FEBRUARY 28, 1901. No. 1 1 THE 1 1 i i i THE LAW MAKERS.! ONDKNSEI) KLTORT OK THE NORTH CAROLINA STATK LKiilUTt'RK. MOST IMPORTANT BILLS INIR00UC0 AND PASSED. May; I1IIU aiwl lttaolatlina 1 lit fixities! Hiiii ,f tbm Important Mnaaurna nf tiivntxat lutertat to Our Itaailara. w i.us kia v a rr rn.M . S:tittt3 Tins .Senate was notified by a committee 1'rniM tin: House tllW rflSagM f tilt lfllXH-llll'l)t p-h- olutlon hy Dint body. Senator Sjielght i 11 1 r h 1 ii-4m1 a joint rt!soIutloii expressing tlit: ro gret ami sympaty of tho legislature at the death of l)r. (ieorgu L. Klrby, SuXTlnt-inl'iit of t h: State Hnspi tal for the Insane at Raleigh, which was adopted by a rising vote of tho iienate. Senator Woodard introduced a bill providing for tin; incororatlon f tho Statt: prison and to regulate the government thereof. Hy Ilray (by rotiieht) T pre vent tho use. of tob.i en by school teachers. Hill was referred to com mltteo on education. HIM.H I'ASS 1I FINAL KF.AIMNO. To establish graded schools in the town of Smithfleld. To authorize New Hanover coun ty to Issue bonds for road improve ment. To Incorjwtrate the town of Hao ford, In Cumberland and Rolieson counties. To prevent locust pin factories in Mitchell county from obstructing tin: streams of that county, by dumping saw dust, etc., therein. To authorize Seaboard Air Line Ha II road to consolidate with other railroad", tin: Richmond, Peters burg and Carolina Railroad particu larly, and exercise the powers given those: roads at present by the laws of I North Carolina and Virginia, etc. Amended by committee, so as to 1 prevent consolidation of any eoin- 'i petlng line. I The bill to amend chapter IDS, acts of IHH'.J, in regard to tensions of Confederate veterans making alterations in exbting law, was made : sjuvml onler for Saturday. House I In- tollowing lulls were introduced: Mr. Sea well An act to protect inhabitants of towns and cult's in 1 the right of sell government. IJy Mr McCulloch To prevent Mr. Nicholson An act to pay the manufacture and sale of liquor in claim of $100 by J. F. Foster in the Bladou county. interest of tin: shell tlsh commission. Mr Duncan To allow Samp Mr. Thomson An act to ore- son county to Issue bonds. vent tlshiiisr for Kerch with seins. or net, in certain Darts of New river, )nslow county. Mr Simms An act suimlemen- tarv of the act creating tho Text IWk Commission rat Med February . 11)01 this belnir an act to exeent from the provisions ot said former act the gradetl schools of Raleigh township, Wake county. Mr Carlton An act to establish a ttKik law in Warsaw township, Dnplin county. Mr Watts of Iredell An act to provide for tho placing of statues of Nathaniel Macon and Zebulon H. Vance In the Hall of Statuary at the capltol In Washington, I) C. Mr Hoey An act to place certain portions of Rurke and Cleveland under the provisions of the stock law. Mr Mastin A resolutoin to pay J. W. McNeill expenses in the con tested election case ot JMcrseill vs Green. Mr. Moore Resolution to pay Cyrus Thompson, ex-Secretary of State, $374.94 for extra clerical as sistance. Mr Pea rce An act to prevent stock irora running at large in parts of Craven county. Mr Allen An act to restore to the governor the power of appoint- ing the members of the Board of Internal Improvement. Mr Burlison An act to prevent tho throwing of dynamite and other explosives in streams m Mitchell county. Mr Ebbs An act to pension cer- i tain ex-Confederate veterans. I Mr Dees An act to better protect I property from fires. I HILLS PASSED. j, Joint resolution In respect to the memory of the late Dr George L 1 Kirby. I To authorize the commissioners of Granville to levy a special tax. j To prevent live stock irom run I nlng at large in Pitt and to amend i the stock law in said county. I To prohibit the sale and manufac I ure of liquors outside of incorpora i ted towns in Buncombe county. To restore to the Governor the power of appointing members of i the Board of Internal Improve- v rhenta. Thursday. Senate The bill to prohibit the use of tobacco by school teachers was reported unfavorably by the i commutes. iiinn 4 Trie ionowing new bills were In- I troduced. By Mr McAllister To regulate 1 the learning of trades. By Mr Buchanan To provide for By Mr London To regulate the took law of Chatham county. Pro lotions anJ Grievance Committee. Hy Mr Furshee To authorize the city of Durham to collect arrearages - ? re. Referred to Profit I ons JrIevahec Committee. Hy Mr Iondori (by request; To ! prohibit the sale of liquor near any j church In Chatham county. I'ropo ; sltlons and Grievances Committee. ' Hy Mr Ay cock To provide for the hccurlng of evidence to upprei gambling. Judiciary Comndttee. Hy Mr i u d ge r Authorizing Madison county to levy a Hjiecial tax. Calendar. Hy Mr McNeill--To amend the charter of Fayetteville. HII.LH I'AHHKIi FIX A I. KKAItl.Ml. Authorizing McUowell county to isuo bonds to Imjtrove and enlarge eourthou.se. lo authorize commissioners of Johnston county to work convicts tm public roads of that county. To authorize lywtl county to levy a Mjeclal tax. To prevent live ttock from run ning at large in Hladen county. Supplemented to act to prevent the running at large of stock in Mitchell, Watauga and Wilkes county- To prevent live stock from run ning at large in Alleghany county. Resolution relative td Committee on Rule to prepare ruleH for the government of the impeachment trial of the Supreme Court judges. To regulate the sale of liquor at town of Clayton. Johnston county. (Establishes dispensary system. To revise tho jury list of Chat ham county. To regulate sale of deadly weaj) ons. (Imposes a tax of $25 on deal ers In pistols, brass-knucks. Refer red to Finance Committee to le in corK)ratel in revenue bill, if deem ed wise. To protect owners of timber in Wilke county. For the benefit of tho oflice of the clerk of the .Superior Court of Scot land county. To prohibit hunting and fishing Mitchell county without owners con sent. To repeal chapter 10 of Vol. 2 of the Code (in reference to indict ments, etc.) Senator Henderson ex plained that this chapter provided for the regulation of elections, and that its repeal was desired so as not to have any conflicting laws to in terfere with the new election law on the subject. To incorporate the Southport, Durham and Wilmington Railroad Company. IIousk The following new bills were introduced: Hy Mr Blytho To take from committee on Rules protests filed against bill to increase Governor's I 1 1 A .l A 1 ry u me lmpeacnmeiu resoiu tion. u' Mr Collins To provide for 1 working roads of Haywood county aml to lov' a tax- Mr Iuln To apportion the congressional district. Ry Mr Ebbs To allow Madison county to levy special tax. Joint resolution to appoint com mitteo to escort remains of the late Dr. Kirbv to Goldsboro. The Sneak- er appointed Messrs. Aden and Hood of Wayne and Whitaker of Forsyth as House branch of the committee. To correct mistake made in act providing for increase of judicial districts. Strikes out "fifteen" and inserts "sixteen." Adopted. HILLS PASSED FINAL RKJcDINO. To allow Hertford county to levy special tax. To allow Surry county to levy special tax. To allow Wake county to fund its floating debt. To allow Clay county to levy spe cial tax. To establish stock law in portions of Pamlico county To repeal section 1099 of the Code, re-enact the same. Mr. Hayes ex- plained that the object of this bill waa to prevent prosecutions for al leged irregularities or misdemean- 0rs in relation to recent elections, Messrs. Ebbs and Blythe opposed the bill. The bill passed on roll call To prevent hunting game in Or ansfe Franklin and Scotland coun- ties on lands of owner without writ ten consent. Senate bill to establish a dispen sary in Tarboro passed its final read ing. FRIDAY. Senate The following new bills were introduced: By Mr Morrison To amend and consolidate the Union county dis pensary law. Calendar. By Mr Vann To incorporate the Raleigh & Virginia Railroad Com- pany. Corporations Committee. By Mr. Leak To create a road commission lor Union county. By Mr Calvert To pension J. P. Bennett. Pensions Committee. By Mr Bray To better protect wild fowls In Currituck county. By Mr Broughton In relation to neglected or abandoned children, By ;jtfr Broughton To amend the charter of Raleigh. Counties, Cities and Towns Committee. By Mr Morrison For the relief I . 11 1 ri ? 01 1110 cierK. 01 me superior toun 01 Kicnmona county. By Mr Morrison To regulate the State printing, placing letting contract (at present prices paid existing public printers) in hands and fish in Bladen and Columbus - 1 counties. I'ASHKD. bills MSed their ; To prevent the running at large of live-st:k in Alleghany county. To amend chapter o()l of the Code, In reference to homestead. This Is the Vann substitute for the Hender son bill. Amendel on llnal reatl- lng by Mr Vann, a follows: "That the running of the statute of limi tations be su-pended as tojudgments under which homesteads an allotttfd, and all other judgments." As amended, the bill passed. To regulatt- the State printing, placing letting of contract in hands of hxecutlve Council, at not to ex ceed rates statj in bill. (Present rates jtald.j St:nt to House. To ane-nd, revise and consolidate the Union county disjtensary law. The divorce bill was again post loned, until next Tuesday. Holhk The following new bills were introduced: Hy Mr Wilson An act authori zing tiie commissioners of Caswell to levy a special tax. Hy Mr Ardrey An act to amend chapter 431 of the Laws of 1897, re lative to tho iassage of lish in the Catawba river. Hy Mr Mauney An act to change the Hue letween the counties of Graham and Macon. Hy Mr Mclver An act to pro vent the use of profane language in the presence of women. Hy Mr Yarborough An act to establish a llve-sttek law in Frank lin. Hy Mr Gattis An act to raise revenue. Hy Mr White of Jones An act to prevent the felling of timber across certain streams in Jones and Lenoir counties. Hy Mr Roberson of Guilford An act to except High Point from the act creating the text-book commis sion. Hy Mr Hlythe A resolution to adjourn at noon in honor of the birthday of George Washington. Ry Mr Dean (by request) An act to amend section 1, chapter G", of the Laws of 1895, relating to barbed-wire fences. Hy Mr. Moore An act to prohib it the manufacture of whiskey and brandy in Clay (by request). Hy Mr Smith An act to incor porate the Raleigh & Virginia Rail road Company. Hy Mr Duls (by request) An act to amend chapter 54, Laws of 1S99, relating to insurance companies. Hy Mr Carr An act to pay the expenses of the committee visiting the University and the Normal School. KILLS PASSED THIKD READING. The following bills passed their third reading. To amend and consolidate the Union county dispensary laws. To incorporate the Oxford Semi nary for (iirls. To pay expenses of the visiting committee in visiting University of North Carolina, Normal School at Greensboro and other institutions. To protect game birds in the coun ties of Currituck, Camden and Pas quotank. To amend section 1717 of the Code so as to allow the narrow gauge and tramroads of the State to carrv passengers and freights with- out being subject to the tines as now imposed under the law. At 1:30 o'clock the House ad Mourned in honor of the birthday of George Washinton To authorize and empower the county commissioners of Sampson county to issue bonds and levy a special tax. For the relief of certain citizens to costs of Hladen county, relatin'g in certain actions. To authorize Secretary of State to issue land grant to J. M. Kitchener, Confederate soldier, to peddle with out license; general bill. To protect and promote the oyster ind,ustry of Noh Carolina This Kill .-.a w-l Vk-a 4- ! -v 1Mnt I " mittee on Oyster Lawrs. Amending an act relating to State Board of Health, enlarging the board and changes the terms of of- county physician from one to two years; creates a county sanitary com mission, composed of the county commissioners and two physicians, whose duty it is to look after the health of the county, with same powers as county commissioners have now To establish a graded school in Marion, McDowell county. Levy ing a special tax on liquor Authorizing any. town or city along the line of the Great Eastern "" (Continued on Second Page.) Stealing Negro Boys. Columbia, S. C, Feb. , 26. A. P. Donaway, employed on the great plantation of James Smith, at Smith- sonia, Ga., has been arrested and brought to Greenwood, this State, on the charge of kidnapping several ne- gro boys and taking them to the Georgia plantation, where they were get to work Donaway has been committed for trial at the Court of Sessions. The warrant for his arrest was sworn out by the father of one of the boys carried away. . a .v. - n- 1. 9. t . u 1 - iiu- Bristol, Va., Feb. 27. F. M Young, a Virginia farmer, has of brought suit in the Circuit court here to against Sullins Collf ge for Young of Ladies for $10,000 damages. Young's Young charges neglect of sanitary oaditloaa. KILL The following final reading. AWOUAl'S tfQTIL w Yurk Hrfai to tm Alxmt to A tt. upt Od ml I-at. j Harj-T's Weekly. ! Thu Woman's Hotel Company in i New York I reported to have j bought land In Ka-t Twenty-ninth street, near Madisun avenue, and to have definitely determined to put up a modern hotel big euough to hold OOU women and make them comfortable. The jjroject has bet?u liangiug tire for a good while, and the evident that it will now be put through L not quite convincing yet. It 1- said that the couiny has subscript ion amounting to $30u,uuu with which to start. Similar hotels are averred to be in successful operation in Phil adelphia, Hrooklyn, Chicago, Bos ton and Baltimore, but ptjbsibly even that doe not assure suecuHS in New York. The idea is to furnish loi ter board and lodging t !n-' ing women th.ai they can get else where. There are GO.OOO or 70,000 self-supporting women in New York and they have not so wide a choice of lodging as men have. NOTES AND COMMENTS. What Squib" Tfalnka of Tbinv in O n- ral. The 25th Senatorial District has the two smallest men in the Senate. It is coming down to the genuine old English doctrine that whoever fears in not tit to live. Tne voice of God can Ik: felt and heard without intermediary assis tance. A iaradox but true, in temple, forum or tabernacle, that lessons can be learned from ignorant people, who are the closest observers of God's laws and the Dispenser's keen est watchers of the laws. The instalment plan of action on pianos, tertilizers, organs, etc , is the farmers' worst enemy. It teaches easy buying and hard iay ing. A REMARKABLE COINCIDENCE. Mrs. Martha Washington, Widow of (Jforirtt Washington. Die on Feb. 22 Washington Post Wheeling, W. Va., Feb. 22. Mrs. Martha Washington, widow o f George Washington, died this morn ing at her home in Hellaire. It is a remarkable coincidence, the names being the same as those ot the first President of the Cidttd States and his wife, and the 'ay of her death being Washington's birth day. BiC FIRE IN ATLANTA. $500,000 Property Iiurned in the Heart of the City. Atlanta, Ga., Feb. 21. Fire this morning broke out in the business section bounded by Decatur, Lloyd and Wall streets, and-Railroad ave nue. The flames destroyed business property valued at half a million dollars. This is in the heart of the city, and came near causing the lar gest conflagration in the city's his tory. Horrible Deatliof Mrs. Gurley. The Goldsboro correspondent of the Charlotte Observer of last week says: Mrs. Lizzie Crawford Gurley, wife of Mr. Ed. Gurley, of Walter, this county, was burned to death at her home yesterday afternoon. Mrs. Gurley had been threatened with vertigo for several days. Mr. Gur ley had just given her a dt)se of medicine and had gone to put a bolt on a plow. When he returned to the house he found his wife burned beyond recognition. Her lap board was under her, her scissors in her hand, and her face and shoulders in the fire. It is surmised while sit ting near the fireplace she was at tacked by vertigo and fell forward into the fire. Won Without Trying. London Labor Leader. A minister was one day walking along a road, and to his astonishment he saw a crowd of boys sitting in front of a ring with a small dog m the centre. When he came up to them he put the following question: "What are you doing to the dog?" One little boy said: "Whoever tells the biggest lie wins it." "Uh," saia tne minister, "I am surprised at you little boys, for when I was like you I never told a lie." There was silence lor awhile, un til one of the boys shouted: "Hand him up the dog!" Two Girls Burned to Death. Montgomery, Ala., Feb. 27. Bes sie and Alice Wilkes, .aged 16 and 18, were cremated in a fire at the home of their widowed mother, Mrs. Wilkes, at Prattville, last week. The charred remains of one of the young girls was found with a mattress over her head, which she placed there in endeavoring to pro tect herself from the flames. Thirteen Xegroes Entomed. Tuscaloosa, Ala., Feb. 21. As a result of the giving away of a wal the Asylum mines here were flood ed yesterday afternoon and thirteen negro miners were entombed in ten feet of w ater, with little prospect of being rescued. When the first rush of water entered the mine eleven miners were able to get out. The Old Sport. Philadelphia Times. "He's now making more money backing horses than he ever did." How?" "He's working on a dump." THE RIO WRECKED THE PACIFIC MAIL STEAM ER SUNK OUTSIDE OF SAN FRANCISCO HARBOR. OVER ONE HUMORED PEOPLE CO DOWN TO WATERY CRAVES. C'oiiulur Wl.duian a tut flu family R. tarnloa-rrom lloac Kuo ajl ( aptaio William Ward in Amonc ThoM Who fcriahtd-Capt. Ward Wa a Native of lUlficb. e:u .Francisco, Feb. 2J. The Pa elflo Mail steamer Rib tie JaneHn ran on a hidden ruck while entering the Golden Gate early this morning in -.dense fog. .She sank a few min utes after striking. The latest tigifres place the hnn at 122 persons, most of whom were Chinese and Japanese, but it is im possible to ascertain the exact num ber, owing to the fact that Purser John Rooney, who had the passen ger list and roster of the crew is amcng the missing. At 5 o'clock this afternoon ten bod ies had been recovered, two white women, one white man and seven Chinese. The most prominent passenger on the steamer was Rounsevill Wildman, U. S Consul at Hong Kong, who was accompan ied by his wife and two children. It is thought all were d row net 1. The ship was in command f Pi lot Frederick Jordan when she struck. He was rescued. Captain William Ward went down with his vessel. The othct-rs were eool and gave the necessary orders with the least possible excitement. Captain Ward, who was on deck when the vessel struck, at once gave orders to the crew on watch to hur ry the passengers to the forward deck. Tho quartermaster on duty sounded the signal for fire drill and within five minutes all the men were at their stations. The captain gave orders to lower the life-boats and life rafts. There was not much confusion until fifteen minutes aft r striking the bow of the vessel sud denly plunged under water. Then there was a wild rush for the boats. Two boats had already been lowered and others were getting away as rap Idly as the trained discipline of the crew could prepare them. A thick fug enveloped everything and as yet uo sign had come from the life sav ing stations. Darkness was all about and with this added horror the ieo ple on the Rio had to cope. A number of Italiau fishermen who were just starting this morning saw the sinking of tho Rio and has tened to render assistance. Mean time many ot the terrified people rushed to the railings and junipe overboard. Some were picked i. i, others drowned. iThe Chinese or. w. numbering over a hundred, was ter rorized. Many jumped into the sea. Captain Ward remained on deck until the vessel had settled and the water was ingulfing him. Then he went up on the bridge to issue direc tions. That the steamer sank almost im mediately after striking is the re port of a majority of those . rescued. fhe wreck lies about three-fourths of a mile south of Fort Point, about a thousand yards off the rocky thore. The smokestack and a portion of the upper works of the ill fated steamer are visible. Three survivors say that they saw Captain Ward to the last, but Fred erick Lindstrom, the quartermaster of the Rio, emphatically declared that Captain Ward emulated Admi ral Tyron of Her British Majesty's ship Victoria, in going down to his cabin, where he met his doom be hind a locket I door. THE MAIL BAGS RIFLED. The Italian fishermen brought to the Merchant's Exchange station at Meigg's wharf t welve bags of mad, which tney picked up at the scene of the wreck. These include two pouches from the United States mil itary station in China. Also two bags of registered mail. When the registered bags were delivered it wa fcund that they had been ripped open with a knife and all their con tents stolen. V lien thu crime was committed is a question, but the nsnermen who brought them in are not suspected, and it is impossible to determine-who the robbers are. The Rio carried- in all 200 bags of mall. CAPT. WARD A NATIVE OF RALEIGH Captain Ward was a native of Ral eigh and lived here for many years. Messrs. Frank and John Ward, ot Raleigh, are his brothers. They re ceived a telegram from San Francis co Friday night stating that their brother went down at his post and had not been seeu since. The broth era have the sympathy of the people of Raleigh in their grief. The city council of Danville has passed the Hampton curfew ordi nance by a vote of 10 to 3. The or di nance was indorsed by the W C T. U. and many citizens. Mrs. Moses Stickles, of Berry ville, Va., in some way scratched her hand with a pin one day last week, blood poison set in and on Monday night she died after great sufferiag. BOEI UACEftS ISSUE PtOCtAMATlQM. M1U 1:um. Proidetit SU-ya arid Gotiffa! IK j V-t have kvunl prarlamattou an j uouncinir that tht. war fortv! mi tMilvh by Mr. SiuM tlMj. Transvaal it-puMic ty tlw liiltt-ai govern men t," Mill r ovt-r Smth Afru..il ki--rtiij; that tb llrilh do nut utMTVr all th. ru-toint .f t-lvillbi warfare and U (mi.-v and The Hague convention; ihat the enemy capture and d-prt do ton and ambulnuv and x-i.m atu-bulaix-w material; arrt nculr-ls arm KatUn and i.ativ-. aud .K.tui-i. wu li-jtl Hill', tliUjiuli lli.l i'uliulltt UlfUitT iney wuu out tht-lr band to plun 1 r the country and insult, rae or give harsh treatint nt to uf,tn-ri ami hii. ( tlrvu. The proclamation a tha u-arly all the hous In the r-ub:l-have Iteen destroyed and that the British charge of misuse of the u blt nag Is an everlasting calumny agsint the Afrikander. After intlug out that the war is still on aud the IUht forces are t-till led by respuuxinle leaders, HUirvlsed by the govern ment of both republic, the procla mation nays: "The burghers would le ht thsn men if they allowed the enemy to go unpunished after ill treating their wive and destroying their him froin sheer lust of destruction. Therefore, we warn officers of His Majesty's troojw that unices they caaj-e the destruction of the projTty of the republics we shall wreck Vfti genv by destroying the proi rty of His Majesty's subject who are un kindly disKed. But we hereby ojtenly declare that their wives and children will always be unnni lested, in spite of anything done to us by His Majesty's trooju. We rt quest nothing frtmi our brothers in the colony, but call on them, as well as on thecivilizil world, to asi.-t In ttehali of our joint civilization anil Christianity, in putting an end to the the barlerous manner of the enemy's warfare." MORPHINE FIEND'S TRICK. Arrested While In Kd with If la lot be On Haa Not B.n Idontifinl. Danville, Va., Feb. 23. C. M. Roper is in jail here chargttl with attempting to work a voucher of the North Carolina ienitentiary on a tieidsville bank. The voucher was drawn in favor of the Roper Lum ber Company, of Norfolk. Evans the bank cashier, wid the voucher of $271, and afterward becoming suspicious, caught a freight train and traced the man here. Rotter hatl invested in a horse and ""SKyt driving here and putting up at the leading hotel. He was found in bed at an early hour with his clothes on. He drew a revolver on the cashier, who was in company with the chief of police. The weap on was taken from him. The man is a confirmed morphine user, and has a full set of instru ments with him. He broke down and cried when disarmed, and plead h! his habit as his his defense, say ing he was unconscious of his actions. fe is apparently a well-to-do man, tht.ugh no one has identified him. le is now in jail. Roper legged to be sent to a Richmond sanitarium for treatment. HAVE YOU TALENT ? It in Not Difficult to lHwovrr for What On ilia a Natural Aptitude. "One good way, I think, to judge whether we have a talent for any thing or not Is to watch the motive that draws us toward doing a thing," writes Helen Watterson Moody in the March Ladies' Home Journal. If we do it because it is the fash ion, or because other girls are doing it, or because we have to do it for some useful purpose, it Is not prol- able that we have a real talent for t; but If we find ourselves doing It just because we really love It, and would rather do it than not; if it is doing the thing Itself that attracts us, and not the eclat it is going to give us in the eyes of others why then I think we may reasonably conclude that God has given us a real talent for that particular sort of thing." MRS. NATION MAY VISIT US. May Smash llapenaarie aa Sb Hmtihti Anythlnf That Smuhnt thn llarllaca A special to the News and Obser ver irom Kuthenordton, . C, says: C. D. Wilkes, of the News Bureau, telegraphed Mrs. Carrie Nation, asking if she was coming to North Carolina and if she smash ed dispensaries. The following reply was received: Topeka, Kan., Feb. 21. Will see you later. We smash anything that smashes our darlings. Mrs. Carrie Nation. WHITES DISGUISED AS NEGROES Commit Two Ilobberla They Secure Little Hooty. Greensboro, N. C, Feb. 22. Two more persons were waylaid antl rob bed in this city last nght. They were Edward Duffey, a young white man, and Will Hall, a . negro. The first named waa robbed of his over coat and $1.10; the latter was reliev ed of a dollar. Both robberies occurred in the same section of town and near the same time. The robbers were white men in the disguise of negroes. BUI Fining- Bachelors Did not Paaa. Hartford, Conn., Feb. 26. The Connecticut house of representatives has concurred with the State senate in rejecting a bill fining bachelors f 100 if married after the age of 40 year. Ml. IMS CI TIE IMftAClMEIT. IIUm Wa r.U 4 Lal Atmn by Mr Hlrta. In our ltl iro vr thf Utn (of !siupj-U) UQ tl lt;inch iunt pnvlltiff lo Un IIou. ' Xit thU rk tbr atlv i--h t-y Mr. I'M of MadW'ti. trulaitth oU-t fln! t be tuiiv-tum ut volution. Tbf pnUt alut l!i --akv the Ini JmChlulit rvMulutiott a lu lriiKii bv Mr. Blythe .f Hcsd-r- u-j..u. It i -lnM by the li.puV.i- : ih- Hull--, aud l a tillN : h t L i intiuum n m mh n. 1 111.. To the Hm..n'jS Sjtr and lim tloinen of the General A--tii- blv: We, ttm underpinned, re-vtto:ty rwjutvt to euter thi" our pr'it agaltft the atsr;,;e of the re"utitt to iuipimch Chief Jieditv 1 Id M. Furvht and A palate Ju-t Uf Rob ert M. Do la-s and atk that i:ie lo printed in the Journal t thia House, viz.: 1. It is the provlntv !" the Init ial ure to enact law, and the prov ince of the court- to Interpret, e u- strue and apply the law-. lloliln-n vs. llartlfld, ti N. C, :j'., etc. '2. The tower to interpret, con strue and apply the la I confer red by tin; Constitution; therefore any act of the It-gislature attempt ing to prevent the court jrf inning this function U viid. ."J. The deci-don In the eae of White . Hill, lir, N. t, giving White the remainder of a t rm of otilce for which he had 1 t a oiuted, the tlutie aud the -lry being continued, was in aceordauv with the unanimous opinion of the Supreme Court In Hoke . Hen derson, 16 N. C, 1, and upheld by tho present court in Wtmd vs. Bel lamy, l'JO N. C, and SUie n. Southern Railway, l- X. C, '.:, upholding Abtiott v. Beddingtield, lllo N. C, 20G: 4. We cannot conclude that slnee the Justices have followed a long line of judicial d-ciion that they have in any res ft acted corruptly. 5. That the prfling againt the Auditor is not in our opinion a claim agaiu-t the State within the prohibition tf the court. A claim of this kind is one against the Mate for which the l-gilature ha madf uo provision tr appropriatioji. iar ncr vs. Worth, '22, 'J 0, and An n dell vs. Worth, 1:., 111. In this ca-e; White v-. Auditor, a spt.vial and articular fund 1- pro videl from a i-Mcial and (iHrticular induxtry for thin tvjur ial and arl!c ular urjoH. laws lis'JT, chapter l.'J, antl Uwn lH'.l'J, chapter Tht Sujierior ani Supreme Court- hare ftiuntl the amount to lie ld this articular tillicer by the Trea- urer; thenfore nothing more than a ministerial dutv is letl to ! iwr- formetl bv the Auditor and Trea urer. Co ft on vs. Elli-, ''!, I ", and Marbury vs. Madison, 1 Crunch, fit. etc.; Iiailev vs. Caldwell, r.H . , 172, etc. 6. The evidence taken by tlieSutH Judiciary Coinmltte', of it-lf x arte in substanct? and manner of it- production, ani, as stated by the gentlemen of the Sul-Jtidiciary Committee, the atronirt-t that th coramittet; could obtain, is, although uncontradicted and unexlainel, not of Itself sutticient Ut warrant this House in adopting any re-olu-tion of censure of im-aeluufiit. For the reasons w-t forth, we ! liljerately and Mjlemnly yet n1 fully rt--t again-t the jtage of either of theMs rtjlutlon-. Re-jx-ct-fullv (hignetl byj O. V. F. Blvthe, I. N. Ebbs, J. W. McFarland, 1'. M. Sheets Ii. J- Fetree, C J. Car Kn, William H. Caloway, W. T Payne, John Burnett, H. D. Diu, William M. Mclntwh, H. T. Col man, Hiram Weaver, John B. bell, E. O Ma.stin, F. D. Benbow, Sam O. Brim, T. E. Owen, N. O. Duncan, J. E. Burlison. MB. K DH'S AISLK AKOUMK5T At 10 o'clock a ni, Feb. 18, 190!, the House resumed the onIderatlon of the rewdution to Impeach Chief Justice, David M. Furches and A.- sociate Justice, Robert M. Iougla. Mr. Ebis, of Madison county, aroe and addresKd the Hou-e as follow: Mr. Seaker and gentlemen of the House of Representatives of North Carolina: I arise at thU time to address this body on the resolution now lending, and in doing so, de sire to say, that this is a proposition of great moment, not only to then; Judges, but to the State and the people as well. In discussing this great and serious question, I desire t call your attention to Sec. 8 of Article One of our State Constitu tion, which reads as follows: "The legislative, executive and supreme Judicial power of the gov eanment ought to be forever pa rate and distinct from each other." In other word, Mr. Speaker, this ought to show, and I think it does, to every fair minded roan, that the judicial department of the govern ment is not, and in my Judgement ought not to be, subject to the arbi trary instruction of the legislative department; and it does &eem to me, that a legislative body of an average degree of intelligence, and this body is of that character, lam sure, should know that a judicial department of any State, if it did not resent, would at least ignore an effort on the part of the legislative department to in struct the judicial department as to how it should construe legislative acts. In this commonwealth, where the art rc.Urrlj MrrmU atl 1x!iurt. j rwithrf ttnm U rtUiil4 to itt- jtrrrwh l'.--f t; ir, awtc- Sly atxl tiwuait. 4 th 4hr la rt4tftl a otatutr, th rtmrla an tt at u-rr uVrUrtit t!t a lXtlturt tuiN tat It kAa at l!r uti-i:or i4 t i it Km n4 alttaya r Ulrr Ua jt.fia-nt a.wrd !&Cly. lb ujMt X thU iaakf. twn, Mr. ikrf, by jrr itut- I mill rel tit tt Niu, Curt of Nth t aroliua mUt lu tU rar f ll U1Nm va- tarM. X Murjs'iy, j J, ye l-ar in loltxl ttial ILU dvlal wa ina.U, atid llw )Unt4) wrilttnt I 5 J ul iKbto , ittir of th tuot tU Jti! t.f North Carolina, icmrljr hulidrf! Jttii f , u!.ai.tlJly ha tvu ioil.,Md t y all ufUKit di-loua an. ir that IUm . . Ilrr the ak r rtia. fr.tn i1m d do atkir. "Tlw Ntinnt oiurt 4 Noth Carolina I iM.ro. I mj. h a S!e till the ltt of the lrv'.'Uturv aixl lu tlx lei i-lm nld thkt thruurt nuM allow audi deiatatloM atleni4ii.( to lie.trM 1 t he Judioary tti r tialu aa tlea-i Jetttet" tm tl- atatute Ux.kn. The )B-akt-r re.I furth-r k 111 the d iioi, k Iter Ju! Ikau iel. In tUlUi rlui; the i.piuU uof th vurt "aid: "T11U court can iirlthr nlbM at tin l-gilati( r nor an th ltV'"latie a!rld i r Hm Judh lal." I n t lie c- of t h Tinted Ntatre v. Ciatttn 97 Rr.rt net . if. : "A rtvttal in a tatue. that a for mer 'atute waa n etol or aua-rw-I1 by ulnjueitt art, U iot nm t !u4ve a to u h t-a or auif -i-e-lun-. Whei-r a ataiutr r. a-all Is a judicial, ai.d tiot a U. llatle tUrvtloli " Hen, Mr baker, it 1 written mi plainly, though e I but ay faring iiit-ti,' jt 'h may n-al we run arid understand " Th d cioioii to wtih h I at nrt r-ferr!. a I iaid auhite ag , waa tual In North Carol itia ittarly m huridrrI yearttgti, and ha folhme! to the very l.t r hy all our dltlri:ulli 1 Jurlt-, wht have adoriMl the Hupreiue lleiM-h of Nrth Carolina during that j-Tlod of time. Now In thi yi-ar of gryv, 1VDI, for the llrt tline.. nee t lie Iitptlu of tmr ."upr-:iie tourt In North Car olina tlo we hear It fid that thUf- relative deartlitent of our Male yo v- ernioeiit haa rlht, and tran do it wi;h itiiiiinity, to trlt? ovt r" Um judicial ihjmrt merit, and dictate to it how it fhall C'li-true Matutory lau, and the rnaniHT tit which It la to b gov riiol lu iwuiiig iiiandati to enforce Um orlep. Thl 1 an agw of l Itire , !i1h illthe r-ef.ssH of goeruiiieiit aud the tjitterUI level opuient of our great a-l tioMn State, arid I jUm; to nay, Mr. Sk er and gentlemen of Uh I lou-e, U-i aa tt lay take no Inm kuark et f 1, uiakt no ml-take in tiur dt-liberathitia upu thij utioti, but, on tie contrary, l t u at and vote in nt h way that' tlo Inju-tHf will lie done tbM judge- Mr. Sfiker, It i only th provintv of the l-ginlativ d-(r1-metit to enaet law. anl titt to ad-vi-a the judlcidl it rtmetit aji to how it hbould con-true law, and In upiort of thin .roj.ltlon, 1 wlah, by your (a'rmiion, to n-ail from f tv famtius of Hoke va. HenderNoo, (15 N C, ge 12): T faculty l etirly denieil to our !sgiIa ture of aljudiittln, aa much aa leg islation 1h denied to our Judiciary. Whenever an a t of th Avtu!ilv tln-refore Is a d ilon of title U tweii Individoa'a, or cla. of Individual-, although it may In term pur tort tt be the ititrolur-tloti of a new rub; of title, it 1 e-r-utlally a a Judgement against the old claim ol rigid; w hich 1 not a h-gUUtlve, but a judic ial filia tion. "Now.JJr. Sja.ker, take ttie ca- of Theo)hilu White, and in that ca- I thire to lay down this profittoti. That if he had Ux-11 duty apioirtl, or waa by the act of the I-gi-latureof 1 h'j7, appointed totlieolikv of Cldcf In lxor of the Shell Kifh Industry of North Carolina, ami had not for feited hla otnee and lutd mad no assignment or convyanc, or had not leen guilty of malfeasance or tuif.sance, tlut he luul a eted right iu i which the legislature of IH'J'J, couid not, by the act of IS V, chajiters IH, 19 and 21 divert him of. In uiort of thl profit ion I dehireto reavl fnm th 120 N. CL, Ige212: Mr. Jutic Mongomery, ha Id In rendering the opinion of thai court: "An oflice i iiroirty and i the ubjt of tntetilon like any other irojierty under the provision of Sec 17 of Article 1 of the consti tution, subject to the quali&caliona that it cannot be told or assign ed or the perfonuancu of Ita dutle (as a rule) deputed to another, and that for m leasa rice and malfeaa amxi the holder may, by cotnftnt authority, be deprived ofthemm. A public ofHce being private projrr ty, so long as the office is in existence. the term for which the holder haa been elected or appointed cannot be eanened to the prejudice of the in cumbent, unlem he has committed tome act w hich works a forfeiture." Now Mr. Speaker, I do not think there is a member on this floor to day who will question White's right, legally and morally, to the office of Inpecton of the Oyster Industry .f North Carolina, that being kj, then I ask in the name of honesty, by what law should he be deprived f the incidents of that of fice, and the right, when the inci dents, or emoluments are denied to him, to go into the court of his country and ask for the writ of mandamus to enforce his claim for those Incidents or emolument? I would further ask, Mr. Speaker, by what right this Legislature is now (Continued on Second Past.)
The Caucasian (Clinton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 28, 1901, edition 1
1
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