North Carolina Newspapers

rHE CAUCASIAN Vol. XIX. RALEIGH. NORTH CAROLINA, MARCH 14, 1901. No. 13 1 THE LAW MAKERS. (JONDKNSK1) KKl'OKT OK THE NORTH CAROLINA STATE milHLATCKE. MOST IMPORTANT BILLS INTRODUCED AND PASSED. Maay Kills ami Itaaolutlona Introdarnd -Ho in of lh Important Meaaurea of lrlMt Iiitorvat to Our Itnadara. W KD.N KrtliA Y A FT KKNOOX. Bknatk A bill has buen Intro ductal by Henator Ay cock to provide jujor children, who cannot purchase school books themselves, with books bought with money rained by the taxation of dog, at the rate of 25 cent er dog. The bill Is as fol low: Section 1 lev lew a tax of 2" cent on every male dog and J2 on every female dog, to he collected annually. Section 2 provider that all dog owners shall list their dog at the time and in the name manner a other property is listed. Hoctlou 3 require the Secretary of Htate to provide a HCparate column for this dog tax in the prejaration of forma and tax list. The tax en shall 1j used in the township where collected for the purj08o of buying books for public school children of the township who are the most needy. faction 4 provide for the ditri bution of the fund ho raicd among the different schools In each town ship, and tho trustees shall pay to the Uttchors of each hchool the amount allotted; the teachers to buy the hook a required. Sections any teacher mit-apply- ing thl fund shall te deprived of his or her certificate and be debarred of teaching in the public school of thl Htate again. Section make it a mlsdemeaner for any person owning or harboring a dog to fall to list the same. Section 7 thi act to apply only to Wayne, Cabarru and Mecklen burg counties. Below are Home ot the other im- portant measure Introduced: i By Mr Morton Relative to the ,: treatment of animal. I'roiHwitions and Grievance Committee. By Mr James To increase num ber of commlsHionet of Pitt county. Counties, Cities and Town Com mittee. Hy Mr Foushee To protect the Interests of infants, married women and corporations. Judiciary Com mittee. By Mr Fouslue To reieal the I art r of the Southport, Wilming ton A Western Hail road Company. Judiciary Committee. Uy Mr London To provide fund to pay witnesses in coming impeach ment trial. Judiciary Committee. Hy Mr Warren Requiring all sales of real estate and personal pro perty uuder execution to bo made by a regularly licensed auctioneer. Judiciary Committee. By Mr Ay cock A uthorizing board of alderman of Goldsboro to issue bonds. Calendar. By Mr London Resolution for the printing of the proceedings of the Court of Impeachment a sort of "Congressional Record" journal each day. By Mr Henderson Providing for a new registration of voters of town of Salisbury. By Mr Marshall To protect cattle in Surry and Stokes counties. BILLS PASSED FIXAL READING. The following roll-call bills passed final reading: To eeUblish liquor dispensary at Kenly. Authorizing town of Marshall to issue bonds. To improve the roads of Mc Dowell county. To Incorporate the Atlantic & Northwestern Railroad Company. (Amendment of House concurred in.) To establish stock law in portions of Pamlico county. To validate stock-law elections in Macon county. Authorizing Catawba county com missioners to raise revenue to build bridges, etc. Authorizing city of Durham to issue bonds. To prohibit sale and manufacture of liquor within five miles of Round Hill Academy. House The following bills pass ed third reading: To provide for the Soldiers' Home. Provides $13,000 per annum for sup port. To, How commissioners of Scot land c junty to condemn land. To incorporate the Geenville & Vanceboro Railroad Company. NIGHT SESSION. The following bills were intro duced: By Mr Green An act to levy special tax in Wilkes county; an act allowing the working of convicts en the public roads of Wilkes county. By Mr Craig A bill to amend the Code, so as to allow the killing of pigeons in prize contests in Bun combe county, and not be liable un der the law of cruelty to animals. Tabled. To prevent felling trees In Beau fort county. To Increase the number of county commissioners of-Durham county. To create a new township in Ran- dolph county. To incorporate the Bank of Frank- lluton. To authorize the city of Salisbury to Innue bond for atieet I m wove- B ment. To Improve the public roads of Guilford county. To authorize the town of San ford to Issue bonds for water works and other public Improvements. To empower the comullonen of .Sampson to levy a special tax. To allow the commissioners of Vlbemarle in Stanly county to Issue lind and levy a special tax. To amend Hection 1005 of Th Code, so as to permit Ux collector to carry concealed weapons. To prevent live stock from run ning at large In Bladen county. For the better working of the roads and highways of Iredell coun ty. To allow the citizens of Gaston county to express their will In mov ing the county seat from Dallas to Gastonia, and to issue bonds for the building of the same. To Incorporate the town of Staley in the county of Randolph.,. To authorize the commissioners of Chatham county to levy a special tax. To incorporate the Wayne and Sampson Railroad Company. To regulate the stock law in Johnston county. To establish stock law in certain sections of Jones county. To levy a special tax In Tarboro, in Kdgocombe county. To authorize the town of Eden ton to issue bonds and levy a special tax. To authorize the town of Ruther ford ton to levy a special tax and Insue bonds. To Incorporate the town of Clark ton, Bladen county. To authorize the levy of a fence Ux in tho stock law territory in Beaufort county. To authorize the commissioners of Wilkes county to levy a special tax. Making certain sections of Pamli co, Perquimans and Chowan coun ties a stock law territory. HILLS PASSED FINAL READING. To repeal chapter 63, Acts 1899, to restore rights to the Governor to appoint commissioners on State Board of Public Improvements. To establish a new township in Polk county. To regulate the salary of the treasurer of Buncombe county, changing salary from $1,200 to $1, 760. To allow Guilford county to issue bond for roads. To incorporate the Scotland Neck & Roanoke Railroad Company. The bill to incorporate the Raleigh A Cape Fear Railroad Company passed Its second reading. PASSED XVAXfSU RKADIXU. To preserve public road of For syth county. To establish school at Greenville. ; To authorize Granville county to lsue bonds for road improvements. To authorize the town of Lenoir to Issue tuuds. T incorporate the Kenan v Hie Air Line Railroad Company. To provide stock law for certain tortious cf Craven county. j To authorize Goldsboro to Issue bonds. j To authorize Richmond county to issue bonds. Supplemental to act authorizing Jackson county to levy special Ux. House Mr. Duncan presented pe titions from citizens of several coun ties asking for modification of the election law. BILLS PASSED THIRD READING. To incorporate the Marion and Bakersvilie Turnpike Company. To amend section 1276, of The Code, relating to the appointment of trustees in casa of death by the clerk vf the court in certain cases. To establish a stock law in War saw township in Duplin county. An act to authorize the town of Laurinburg to vote on electric lights. To levy a special Ux in Wilkes county. To incorporate the town of Staley in Rockingham county. To amend the charter of thetown of Wilson. To authorize the town of Buth erfordton to issue bonds ' for water works. To authorize the town of Edenton to issue bonds and levy a special Ux. To establish stock law in certain sections of Jones county. To prevent live stock from run ning at large in certain portions of Craven county. In regard to stock law in Chat ham county. To incorporate the Wayne and San ford Railroad Company. To authorize the town of Sanford to issue bonds and establish water works. To incorporate the Raleigh and Cape Fear Railway Company. Relating to the stock law in John ston county. FRIDAY. Senate A message from the Governor was received respecting the receipt of communications from various SUtes regarding elections of United States Senators by the popu lar vote. Referred to Committee on Federal Relations. A. bill was introduced by" Mr Wood To regulate quo warranto proceedings. BILKS PASSED FINAL READING. THURSDAY. pass- i i Senate The following bills ed final reading: To Improve the public highways and streets of the township of Gas tonia, Gaston county. To authorize Yancey county to is sue bonds. Amendment by Mr Buchanan, changing rate of interest, from 6 to 5 per cent was defeated. To authorize McDowell county to levy special tax to build a bridge across Catawba river. To incorporate the Weldon Bridge Steamboat and Ferry Company. To protect dralnways in Beaufort, Pitt, Tyrrell and Craven counties. To regulate elections in city of Charlotte. (Amendment by Mr. Alexander rresef ibing that lists of voters shall be furnished by regis trars to any person who asks for them and will pay ten cents per hundred for the names. The amend ment was adopted.) To protect primary election, etc., in Mecklenburg county. Amend ment by Mr. Alexander in same re spect as above bill. Adopted. To allow Salisbury city to have a new registration of voters. To validate election of certain jus tices of the peace in Alleghany county. To prevent cutting of cherry tim ber "when the leaves are on the trees.' To increase number of commis sioners of Pitt county. To pay witnesses attending court of impeachment ($1.50 per day and 5 cents per mile; Includes witnesses on both sides.) To regulate sale of liquor in town of Goldsboro and all other incorpo rated towns of Wayne county. To print official proceedings of the Court of Impeachment. To aid in purchasing school books for children of indigent parents in public schools, and provide a fund therefor by Uxing dogs 25 cents each. A number of counties were added to the bill, including Wake, Chatham, Robeson, New Hanover, Columbus, Jackson, WaUuga and Pasquotank. Wayne, Cabarrus and Mecklenburg counties were in orig inal bill. Amended so as to mako Ux on female dogs $1 instead of $2, the tax on male dogs being 25 cents each. The bill then pa3sea its sec ond and third readings, and sent to the House for concurrence. The bill placing the A. and M. College under direction of the Board of Agriculture as was the case for merly was passed and sent to the House. To incorporate SUte Prison and regulate management of same. To prohibit the sale or manufac ture of liquors'' (except cider and wine where already being manufac tured) in Cumberland county. . To appoint Ux collector for Ran dolph county. To protect the Interests of infants, married women and corporation. Senate bill as to complaints in quo warranto proceedings. Senate bill to regulate quo war ranto proceedings. To authorize Richmond county to issue bonds. To esUbllsh graded schools at Greenville. To allow Granville to issue bonds for public road purposes. Supplemental to act allowing Jackson county to issue bonds and levy special tax. To preserve public highways of Forsyth county. To provide stock law for parts of Craven county. To repeal all laws granting gradu ates of normal or other colleges, or any person, privilege to teach in the public schools of the counties with out the usual examination by the county boards of education. The bill of the Committee on Senatorial Districts, apportioning new senatorial districts, with House amendments, came up for passage. The amendments were finally con curred in, and the bill passed. Providing for local option elec tions on the liquor dispensary ques tion in Union county townships. Amending chapter 164, acts 1899, esUblishing the Corporation Com mission. To require sheriff of Haywood county to file bond for school Ux money. "Providing for ' chief of fire de partment and to decrease fire waste in the State." To protect wild fowl in Currituck sound. For the relief of the sheriff of Surry county. To protect quail in warren and Halifax counties. - - To amend charter of Morganton. To regulate sale of cotton seed in Mecklenburg county. To increase the number of com missioners in Durham county. House Mr Alien of the board of managers on the part of the House offered a resolution for the adoption of the replication and answer of the defendants in the impeachment trial. ltlLLii PAsSfcD THIRD KKADING. The following bills patted their third reading: The school bill appropriating $200,000 for the public schools of the State came up a a special order and tagged Its final readinirs by a unanimous vote. The omnibus liquor bill passed its several readings and was ordered sent to the Senate without eugrot- ment. Amending chapter 524 of the Public Iaws of 1S99, relating to the oyster Interest of .New Hanover county. For local option in Union county on the dispensary question. To protect deer in Tyrrell county. To require complaint to be served with quo warranto proceedings. To regulate quo warranto proceed ing. C To allow the county of Dvla4o bond outstanding debt. To levy a special Ux in Wilkes county. To establish a dispensary at Kenly, in Johnston county. Concerning the welfare of the Wilmington Light Infantry and Naval Reserves. To authorize the city of Golds boro to issue bonds. To authorize the commissioners of Richmond county to issue bond. To improve the public roads of Guilford county. To authorize the commissioners of Pender county to it-sue bonds. To establish stock law in Warsaw township, Duplin county. To prohibit the sale and manu facture of liquor near any church in Chatham county. To amend chapter 109, Laws 1899, in regard to trial of civil aetions. To prevent tresmss uikhi lands in Vance county. To protect game in Carteret county- To protect land-owners in Beau fort township, Carteret county. To regulate shooting wild fowl In Carteret county. To create a certain school district for the white race in Moore and Chatham counties. To prevent the indebtedness of State institutions without positive and specific authority of the Legis lature. For working convicts iti Wilkes county. For relief of C. F. Siler, Chatham county. To prohibit fast driving over cer tain bridges in Camden county. To amend tne charter of the town of Maxton. For relief of Plato Collins, clerk Suirior Court, Lenoir county. Relating to the graded schools in the city of Charlotte. Adjourned until 9:30 Saturday morning. BUTLER'S MONUMENT. RURAL FREE DELIVERY OF MAIL ORIGINATED WITH HIM. HE HAO AN UP MILL FICNT. ta for laereaaea llava- ttt. EIIS C TIE lUPEACHCEflT. (Continued on Second Page.) THE MANUFACTURERS' BILL Introduced by Mr. Wilton Protection. For Their Mr. Wilson introduced a bill in the House entitled an act to prevent discrimination against independent manufacturers and dealers, came up as special order. Mr. Wilson addressed the House at some length on the merits of his bill. The bill prohibits any corporation engaged in the manufacture of any article, goods or finished products, or the agent or agents of such corpo ration, which shall sell or offer for sale in this State any manufactured article, goods or finished product, for a price less than what he termed a lair and reasonable cost of produc tion and a profit of ten per cent thereon, shall be guilty of a misde meanor, and upon conviction shall be fined not less than one thousand dollars nor more than ten thousand Growth of tho Sjateta Confer Beaeflta and I a A PtfKHHt Institution John Boyle, in Raleigh Post, March 8th. Washington, March 7. In de parting from public life Mr. Butler leaves behind a monument to his zeal and activity in the rural fren delivery service, of which he may well claim to be the originator. As far back as 1896 he was advocating this system, which has now been en grafted in our postal system as firm ly as city delivery. The Postofflce Committee of the Senate reported It adversely, but on a vote of the Sen ate, secured by Mr. Butler's person al efforts, It was carried by the close vote of 30 to 28. Even then Post master General Wilson thought it impracticable and at first declined to expend the 50,000 provided for experimenting with the service. On ly after persistent effort Mr. Butler induced Mr. Wilson to give the sys-! tern a trial in the thickly populated sections of New England. Some 4 1 routes were mapped out and the ser vice gave such satisfaction that in the next year, 1897, $50,000was ap propriated, without an effort, to con tinue the service. As its advanta ges became known its popularity in creased and in 1898 $150,000 was appropriated for the service. The scope of the service was extended. From this date it became firmly rooted as part of the postal service. In 1899 $300,000 was appropriated for this service; in 1900 $1,750,000, and in this year, 1901, $3,500,000. There are now 4,200 routes, cover ing an area greater than Great Brii tain. It is estimated that it will not cost more than $14,000,000 a year to-extend this service to every hamlet in the country and to nearly every home, even in remote sections of the country. This sum is less than that now paid for free delivery in cities. The increased receipts of the Post- office Department come largely as the result of establishing and exten ding free rural delivery, and go a long way towrara paying the expen ses of the service. Not since Sir Rowland Hill established in 1844 the penny po&t in England has such a revolution occurred in the p stal service of any country. Mr. Butler carries with him into private life the satisfaction of having originated this new departure and Keen it grow un til now it could no more be detach ed from the postal system, than could the telephone and city deliv ery from business life. The Postoffice Department officials from being antagonistic to it, are now its warmest supporters. Post master General Smith finds in this system a partial solution of the prob lem of keeping the rural population on the farms and a betterment of farm conditions. The sons of farm ers, reared in comfort and indepen dence, instead of crowding ' to the cities and forced to accept places be low their -social position, now re main at home and at the same time continue in tquch with the busy life of the city, enjoying the comfort and independence of rural life. The influence of free rural delivery will mere dollars and cents. Butler is one of these. by And Mr. The bill place the enforcement of &tched iJ progress expect from it ine acx m ine f.an.is oi xne pora- measured lion uom mission, ana proviaes mai the act shall not apply to corpora tions' whose maximum capital -stock is two hundred and fifty thousand dollars or less. The bill created quite a discussion and Mr. Wilson seeing that his bill was very unpopular, asked permis sion to withdraw it, but said he thought it his duty to present it. He was allowed to withdraw the bill. COUNTY CONVICT BEATEN TO DEATH. The re&olution was adopted. A cer tified copy, signed by the Speaker and clerk of the House, were furn ished the managers. It was purely formal to oring the matter at issue. The following new bills were in troduced. By Mr Thompson (by request) To authorize and empower the Kin ston and Jacksonville Company to hire convicts and to issue bonds to pay for same. Mr Connor introduced a resolution directing the Corporation Commis sion to investigate the use of ca booses on the railroads of the State, for the safety of conductors and others. The resolution was adopted. ' By Mr Owens To prohibit kilt ing deer by dogs in TyrreM county; to protect deer in TyrreU county. By Mr Carraway For the relie of the clerk of the Superior Court o: Lenoir county. j By Mr Ebbs To encourage the manufacture of pulp. SPEAKER PETTUS DEAD. Son of Alabama Senator Die Shortly After Adjournment of XerUlature. Montgomery, Ala., March 7. Frances Li. Fettus, speaser oi me Alabama house of representatives, which adjourned its biennial session at midnizht last night, died here this morning at the residence of State Treasurer Smith. He was a son of United States Senator Pettus, and was one of the most conspicu ous men in Alabama, having twice been president of the Senate and twice speaker of the house. He was forty-two years of age, and a great avorite throughout the State. Burned to Death by Roadside. Lynchburg, Va., March 9. At an early hour in the morning the char red body of an unknown white man was found on the roadside near Lu- cado's Station by section hands on the Southern Railway. The coron er's inquest developed the fact that while under the influence of liquor the man had walked into a fire left the night before by railroad work men. : The body was found some dis tahse from the fire, but ' the- man's course could be traced by burned clothing and flesh fallen from him. Coroner's Jury Charcea Fulton with the Death of Hart. Winston-Salem, N. C, March 8. The taking of evidence before the coroner's jury in the case of Rand Hart, a young white convict, who died at one of the county camps Tuesday night, was not concluded until this afternoon. The- testimo ny given by all of the witnesses showed that Hart was brutally beat en Tuesday with switches and a raw hide by Pink Fulton, one of the guards. The county physician who made the post mortem after the body was taken up yesterday, testified that Rand's body was ter ribiy lacerated and bruised; that the wounds were sufficient to produce death. The jury returned a' verdict charging Fulton with being respon sibleforthe death of Hart. The guard was discharged Wednesday night. Papers were issued today for his arrest, but the officers have not found him. His father is Rev. Henry Fulton, who attended the hearing today. Found In a Lot of Waste Paper, Kalamazoo, Mich., March 7. An autograph letter of George Washing ton, dated 1766. was touna among some waste paper stock at the Bry ant Paper Mill. It was written to Capt. James Jamieson, a ew lork merchant, asking for best freight rates on flour. Two copies of The Federal Gazette and Baltimore Ad vertiser, over 100 years old, and an lit Wa Fall mt lal A r That Cm(4 NK b Kafatat-Th trrfaa Aalaat !( Wm latrrfa hy Mr. Myth. (Continual ffuut tat Werk.j (Coltuu va. KllUj and oilw-r tm Ui?uliioM awhile au. Num. Mr. Sp-aker. if t 1ms fal.l&, for whk-h White brought uit, asking man dauiUA, had in-vtx bvt apart by tlw act of ly7 and Isyy, auivndatory thereto, a hi salary for rvkti a Chief Iuictor of the Shell Fl4i Industry of North Carolina, ltk in the name of law, justice and rea son, why should that salary d uled him, and when It wu denied, why should then Judge be Im peached bejcaiMu they confirmed a Judgement of the lower court graut ing the writ of maudamuii to en force the collection of this salary, which is admitted by all a having been tet apart by the act of 1S97, and 1 amendatory thereto? Mr. Speaker, w e have had many quota tion made from the Bible iu thi discussion, all of w hich l am glad to hear, for the reaon, u hen men are well grounded in Biblical know ledge they do not usually go wrong. The Bible Is the bent law book In the world It contains law enough for the citizenship of the universe, and when I am surrounded by men, w ho are versed in its history, I feel a if I were surrounded as by a great fortress, imicnetrable and insur mountable. Then I deire to ap peal to thinking men, conscientious men, uou-lovlnK men ana ioa-er- ving men, to arise above irty pirit and party lines and do their duty in this matter, though the heavens fall. Mr. Speaker, it is a fixed principal in law, that there I no wrong for which there is not a corresponding method of redren. and that there is a way by which all rights can be preserved. If Mr. White was appointed to the office of Chief Insictor of the Shell Fkh Industry for four years he was en titled to the salary, and if he did not get it, lie had a means of redrew. by applying to the courts for a writ ot mandamus. It was decided in Bailey vs. Caldwell 08 N. C. 472, that the Legislature might alter, amend or repeal an act fixing a sal ary, yet if the convention (as in thi instance) provides tliat a reason able compensation shall be made for the services mentioned, the Ijegis- lature could not abolish altogether pay or salary without fixing another compensation which they deem rea sonable. In other words, Mr. Speak er, the Ijegislature lias the power to decrease the salary of an officer, but so long as the office exists, they can not deprive the incumbent of the benefits of the salary they cannot deny to him the benefits of the sal ary, for the reason, to do this would be to undertake to "starve him out" of the office, or, in other words' to do by indirection that which they are ..ot permitted to do by direc- ti.u, and I am sure this is a propo sition for which no one would con tend, seriously, for a moment. Mr Speaker, a great many things have been said about this body leing anal ogous to a grand jury. I cannot A A 1 agree to mis proposition ior me reason, tliat the grand jury is a se cret body and only hears the State's side of the testimony, acts upon no presentments made by itself, but such presentments are act ed upon by a subsequent grand Jury. The defendants are never permitted to introduce testimony to be acted upon by a grand jury. In this case both sides of the question have been presented. It would be a close anal ogy to say, in my opinion, we are in the position of a Justice of the Peace, where he has no jurisdiction except an inquisitorial one; in such cases he cannot acquit or convict, but discharges or binds to a court of competent jurisdiction, as the evi dence in the case justifies. His first inquiry is, has a crime been com mitted; the second, is there proba bie cause to believe the defendant guilty of the crime as charged in the warrant? That Is what we are doing in this case. It i our duty. as sworn members of this body, to ascertain, first, as to whether or not the high crimes and misdemeanors in office have been committed as al leged in this resolution, and if we should so find, and I cannot see how this can be done, then it is our duty to find as to whether or not those Judgs have acted corruptly, know ingly, wilfully and intentionaUy, being unmindful of their high posi tion as the Supreme Court of North Carolina, in issuine the writ of mandamus in the case of White vs. Auditor. I do maintain further, Mr. Speak er and gentlemen, until we do so find that we ought not to send these indtros to the bar of the Senate of f o North Carolina, there to answer a chanre of hieh crimes and misde meanors in office. Now, Mr. Speaker, I wish to read from the 125 N. C, 206, of Abbott Beddinfield. Justice Furches writes the opinion of the Court. Justice Montgomery answers ana Justice Clark writes a dissenting opinion. Furches, in delivering the opinion of the Court, said: "Contemporaneous legislation about the same subject matter is in pan materia, and may be read and con strued together. Wilson vs. Jordan, 124, N. O, 683. A public office, to which there is attached a salary, is a vested interest. Hoke vs. Hen- riorsnn. 15 X. C. 1. A change of the name from Railroad Commis sioner to that of Corporation Com- that effect; tvrttbrr dtv alatut n4Wlrt; to rrpal th Uurt act, but hkh In rmlilr U tixrr-y atuo taUry, have Mhh rfTrrt." Tlrtr akrr hT further read IYooj the uWWon ok' Abbott Va. lied- dlnilWld: TIe only rtrictiuu un kf;btUe ajrf l that aflrr the oftkt-r hay atavpted uftir ujo the lcftu oprclBed in the act cr-alii the offlce, thU bring a otutract t luevn hlru attd I he Mate, the Iv i-Uture can tut tarn him out by an act Hirrtl!ig to aUllh the offk tmt which 111 etTevt coutlnuea tin mme office In eiUlcnrts Thl it oo the ground ttat an ofSiv U a cou tract tHevn the ofTUvr and tin State, a u held in Hoke va. Ilro-Uer-on, 15 N. C, I, and ha eer F-ltHY been followed lit North t aro hna dow u to and inc'.udtng Woia! v Bellamy. 120 N.t! . 212." Now, Mr. Sker and getitleuM-ti, a I tOated a whlleaifo, Jutice Clark w rote a diutlng opinion In the kw of Abbott V. Redditigfield, but in the ca? of State va. Suthecn Railway lio, I2i N. C, ue nnd that Justice Clark w rote the opinion of the court, and In d.ilng so said: "The statute of InVI, rhap tei .320, I not realed by Uv Art of 1 Ht9t etiapter Ittl am! chapter .0;, but w aa In effect ameiidlt re enacted and continued in f-rce. Ah Utt vr. Bcddlngtteld, 125 N. C, 2'iG, at thU term." Jutlce CUrk further tatfw in rendering thl opin ion: "The other "tints and the one prlncllly relied on by the de fendant Is, that the statute under which the indictment ui drawn. w ls'.M, chapter :I2, ilion I, i reled by chapter 'of,t Uw but it win held at thi- term, Ablott us. IlcddlngticM, that hat- ter 1GI, Ijuii 1 '.'., creating the Corration Commission, which wa enacted on the same day a chapter o, in effect itM-nacted and contin ued in force chapter 32", lawn 1 k'JI. It necessarily follows, therefore, that this individual has lost none of its vitality by virtue of an act which merely amended and contin ued in force the statute under which it wan drawn." This dciior sun tains our contention as to the o of White vs. Auditor. It wa held in SUte vs. William 117 N. C , l.3, as follows: "The re enactment by the Ig islature of a law iu the term of a former law at the same time it re peals the former law, I not, iu con templation of law, a nH-al, but it h a re-arh rotation of the former law, whoe provisions are that continued without any intcrinU-ion." LAW-MAKERS IH COURT. TEXAS Ol.MiUKssM AN TAR TirilWTES IN ASSAULT AND HATTKUY CASK. MI. IAIXEI NAD HIS fAXt ItAFrlB. Mr. a Atoia mt Now, Mr. Sker, and genth- antocranh letter of Robert Morns. pieces of of Philadelphia, dated 1783, were mission does not aeprive tne reiaior that had I also fonnd. The waste naoer came 1 of his offlce. Day's case, 124 J . C. wm Ti,ri.iaiT4,ta - Sfi2. Neither does the addition ox UWU A MllPWtJIIIIWt ' " ' " men, it does M-m to me that Mr. Justice Clark I a little inconsistent iu his opinion in the cae of State vs. Southern .Railway Co., when the same bj compared with his dilut ing opinion In the cae of White x. Auditor. If he w a right at flrrt, then he is certainly w rong now, if he L eight now, then juxt as certain ly was he w rong at fitt. I do Dot want to criticise, it is not my pro vince to criticise the acts of any one, but when he reduces his opinions to writing, I am then entitled to read and comment upon them. In the Holy Bible, it was David, I believe, ho exclaimed: "Oh, that mine enemy would write a book,' and in this case, I telnk that has been done. Mr Speaker and gentlemen, the question of sympathy, the question of character, and the question of conscience has been brought into this discussion, and many quota t ion- have been made from the Rible. I am indeed, glad to be among a body of men, who has such a tore of Biblical knowledge, it makes me feel like J wa surrounded by a great fortre, impentrable and Insur mountable; and now I appeal to these men, who are thus equipped with so much Bible knowledge, and whom, I trust, are God-loving, O jd wrving and (od-fear ing men, aad ask them Jn God's name, to not rush into this matter, aj the mad horse rashes, unthinkingly, into battle, but btop and think and consider well before giving their assent to the impeachment of these Judge. If WTonzfully done, it will be a stain upon the bright escutcheon of North Carolina and a blot on her history and fair name for all time to come. Now as to the questions of charac ter, sympathy and conscience. I have been taught from my early In fancy that character is the principal thing, to be without it, is to be wanting In that which it takes to constitute a man in the true sense of the word, all riches become as trash when compared with character. But it was said the'other day, that all the more these Judges ought to be Impeached, because of toeir good character. I say if my good name avails me nothing in the hour of distress and misfortune, it would have been better had I never obeyed the laws of my country. It is said that the question of sympathy does not enter into thl matter. That Is true to a certain extent. But I want to sav if I am ever so unfortunate as to be put on trial, I want no man to try me who has not an abun dance of the milk of human kind ness in his heart. I contend that we can let sympathy, and ought to, play a part in tho case. As to being governed by conscience, I desira to say, that one of the best men this country ever produced, was Benja min Franklin, statesman, philoso pher, patriot and above ail a good man In every sense of the word lived . as he died, and died as he lived, with a smile on bis face. The I teilT principal tenet In Franklin's religion, was, "Whatever conscience dictates to be done or warns me not to do, II Ali it Mala. l44 l mr, mt Taaaa, aa4ta la a at a aiaai C ar, Washington IV -4. CViOcrewtkmai dignity W-rt U41 tlooal Inter t to the Corrrlliir la Criminal IVjurt No. 2. whUh aal for dvll bualnrm yeUrUy durlnf tb flrt day' hearing in the Milt of George G. Itaiker, of Mala. a&lna Ilrirtilatlvt Samuel It. Cuopre, of Trxaft, to lUcover datuajrea In that utn of llo.ooo. The couiJalrabt tUniand the Mliu tated a mlrawa for an awult alleged to har couiUilttod upon him by the Trxaa lleiceMHtatlre, while tajth rtiea were traveling In a fulltuan rat e route to thU rlty over the Southern Railway. Therv raa a falrsaiftrd crowd In the courtroom w ben Ju tire Cole ami Jury tagan cobaldera. tion of the caw. Among tbevctau were Rero-ntatWe Kurnett, of Al atma; Stephen ami !lurle-o, of Texas ho are theni-elra flu Uw )er. . Mcwr. Cotton and White ap lred a attorneys for the plaintiff, and Attorneya Davla ami Tucker f..r for the defendant. Attorney White made the open ing ad lre In U half of Mr. Barker. He declared that while the part lea to the wull were traveling In tho name Pullman they were atraogera on trie date mentioned, lie aapert ed that Mr. CooT ao dlguted Mr. Barker by ex iMct orating In the alale of the car that he made complaint to tlie wwiductor. Finally Mr. Bar ker remonstrated with Mr. Cooper, lronalIy, w ho. It m a explained to the Jury, admitted that It waa not exactly the irouer thing to eidt on tlie floor, but at the, aame time not care to be taken to lak In reTMV r lalu w ho were gen. Barker remarked that rauu w ho lnidted on acting a Mr. Coop er did oil that ic-aion abould rid in cattle car. Mr. Cij-r mum af ter went into tho amoklngoar. Mr. Barker followed a little later, ami Mr. Cooer thereon resumed the oisrussion and struck Barker In the face, knocking hi pwta lea aero tlie car. did that u- STUOIHTS BQUCIIY TttATtO. Itaaalaa Pottoa IU4a 0r I t4 frwaa t.alaliraitaa. St. reterburg, March 1. To-day w as the fortieth anniversary of the eutancipatlon of the serf. The student had been planning for aume tloie to keep the day as a holiday, and perhaps make some demooat ra ti Cn, but no. particular plana wera made. At noon a thousand or fif teen hundred men students and wo men atudent gathered In and around the Kaan Cathedral, ou the Neraky I'roppect, where mui for the repune of the soul of Czar Alexander II was being celebrated. Alter the maw the students be gan tdnglng, and the police gathered in great numbers, including a force of mounted police. The students were surrounded and driven In a CTowd toward the city hall, not far away, and a!o on the Neraky Pros pect. For no .cial reason the po lice began beating the students and trampling them under the feet of their hornes. Tne Nevaby pro pert was filled with spectators. The hank and business houses were Dear ly all cloned, with shutters fastened and doors locked. The spectators and the women students screamed with horror, but the police kept op their attack oo the students until tOO of the latter were driven Into the courtyard of the city hall, the others eHcapf ng Into the crowd- The entire city was horrified by the con duct of the police. The iolk were warned before hand, and twenty five delegates from the various fit. Peteraburg higher educational Institutions were arrest ed Friday night for meeting to coo eider student affair. ' It is not known whether the 400 students captured by the police to day will be imprisoned, or whether the authorities will merely take their names. Reflections of at Bavchel or. New York Press. There ought to be a law to make every grass-widow carry around a cow-belL An old bachelor Is a man who has thought seriously enough of getting married. There are more men than women in the world but If half the women had the men they wanted there would be none of us left for the resU The average man respects a wom an wno Is honest enough uot to try to smile when be steps on the back nf her drww and thev both hear it (Continued on Second Past.) The Governor has pardoned William Coble, of Wataaja county, out of thepenltenllary. , f v -