; As an Advertising Medium
; The Gold Leaf stands at the head of
f newspapers in tbissection
of thefanioos
BRIQHT TOBACCO DISTRICT
The most wide-awake and
acoceofulbasiness nien
dm its columns with the highest
: S&Us&cUci and Profit to Ttemelies.
lhatitpayj-to advertise ii,theGoLi
i rii- is uhnvvn bv its well
I .
fl.lwl iidvertiHinicolurnnH
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no not connnue iu upeuu
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? Tbat is Proof that it pays Them.2
THAD R.liHHIHG, Publisher.
cs
Carolina, Caroltn-a, Heaven's Blessinos .tte3stx tt-p-r.w
ISOBSCRIPTIOI sue Cui.
VOL. XX.
HENDERSON, N. C.. THURSDAY, MARCH 7, 1901.
NO. 13.
Jldvertising dhus jum.
lP (TTflT Tfl IT TF A TP
1
in e-t' jf?ew
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European Hotel, Restaurant
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MVaN Served at all Ho irs Day cr Night
Fnrcished Rooms. Comfortable Beds.
Everything strictly first-class. An orderly,
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SALOON
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Tlii-4 being the grip ea-ou we have all
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FINE CKiARS AND TOBACCOS.
POOL KOOMS IX CONNECTION.
HENRY T. POWELL,
ATTORNEY AT LAW,
HKNDKItSON, - N. C
Ofliice in Young A Tucker building.
G. A. Coggeshall, M. D.,
Physician and Surgeon,
HENDERSON, N. C.
Oil'uo in Cooper Opera House Building.
taSTPhone No. 70.
H. H. BASS,
Physician and Surgeon,
HENDERSON, N. C.
I-ifOffice over Dorsey's Drug Store.
JU. V. S. HARRIS,
DENTIST,
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IW Office over E. tt. Davis' store. Main
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Henry Perry,
Insurance.-
A stronirTinen! noth Life and Fire Com
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risks place ' u. nest advantage.
Office in Court House.
FRANCIS A. MACON,
Dental Surgeon,
Office, Young &Tncker Building:,
Under Telephone Exchange.
Office hours 9 A.M. to 1 P. M. 3 to 6 P. M.
-idnce Phone 88; ttttice Phone 25.
Estimates furnished when deired. No
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GOLD LEAF OFFICE.
Tha beat patents and straight FLOURS
n. THOiiAPON't.
Articles Of Impeachment
CHARGES IN DETAIL AGAINST JUSTICES
FURCHES AND DOUGLAS.
The Case as Made Out by the House
Upon Which the Senate is Asked to
Try and Impeach David M. Furchea
and Robert M. Douglas, of the Su
preme Court, for High Crimes and
Misdemeanor in Office.
Articles of Impeachment exhibited
by the House of Representatives of
North Carolina in the name of them
Helves and all the people of North
Carolina, agajnst David M. Furches,
now Chief Justice, and formerly an
Associate Justice, and Robert M.
Douglas, an Associate Justice, of the
Supreme Court of North Carolina, in
maintenance and support of their im
peachment against them for high
crimes and misdemeanors in office.
ARTICLE I.
That at the time hereinafter named,
to-wit: on or about the 17th day of
October, A. D., 1900, at and in the
city of Raleigh, the said David M.
Furches, now Chief Justice, who was
then Associate Justice of the Supreme
Court of North Carolina, and the said
Robert M. Douglas, who was then,
and is now, an Associate Justice of
the Supreme Court of North Carolina,
and one other member of said Supreme
Court of North Carolina, now de
ceased, concurring therein, constitut
ing a majority of the said Supreme
Court of North Carolina, unmindful
of the high duties of their high offices,
of their oaths of office, and unmind
ful of the Constitution of the State of
North Carolina, ami especially "Arti
cle I, Section 8:"'
"The Legislative, Executive and
Supreme Judicial powers of the gov
ernment ought to be forever separate
and distinct from each other;" and
also Article IV, Section 9:
"The Supreme Court shall have
original jurisdiction to hear claims
against the State, but its decisions
shall be merely recommendatory; no
process in the nature of execution
shall issue thereon; they shall be re
ported to the next session of the Gen
oral Assembly for its action;" and
also Article XIV, Section 3:
"No money shall be drawn from the
Treasury but in consequence of ap
propriations made by law; and an ac
curate account of the receipts and ex
penditures of the public money sha 1
be annually published;" did, under
the color of their aforesaid offices, un
lawfully, willfully and in violation of
the aforesaid provisions of the Con
stitution of the State of North Caro
lina, and the laws passed in pur
suance thereof, in a certain contro
versy submitted without action to a
Superior Court Judge, under The
Code of North Carolina, Section 567
and 568, entitled.
Theophilus White vs. Hal. W Ayer,
State Auditor, and W. H. Worth,
State Treasurer, pending on appeal
in said Supreme Court of North Caro
lina, and decided by the said Su
preme Court on appeal at the Feb
ruary term, 1900, thereof, caused to
be issued by Thomas S. Kenan, clerk
of said Supreme Court, mandamus
writs in words and figures following,
to-wit:
(Copy for H. W. Ayer Auditor.)
STATE OF NORTH CAROLINA, )
In the Supreme Court. J
Tbeophilun White
against
II. W. Ayer, Auditor, and W. H.
Worth, Treasurer.
The State of North Carolina to Hal.
W. Ayer, State Auditor, Greeting:
This is an-action of mandamus upon
a money demand for a salary, tried
upon a case agreed in the Superior
Court of Perquimans, where the plain
tiff recovered judgment and the writ
of mandamus ordered to issue. From
which judgment the defendants ap
pealed to this court, where the judg
ment of the court below was modified
in amount of the recovery, and, as
modified, the judgment of the court
below was affirmed; and tbat the said
judgment as modified and affirmed
entitled the plaintiff to a salary of
four hundred dollars per annum, as
Chief Inspector of the Shell Fish
Commission, five cents per mile for
each mile traveled when engaged in
the business of said commission and
for other extra expenses not to exceed
fifty dollars per annum whole cost
of the commission not to exceed six
thousand dollars per annum. And it
being further declared by the court
that the defendant, Hal V. Ayer, as
State Auditor, shall proceed to pass
upon and audit said claims, upon the
same being properly certified by the
Secretary of the Board of Shell Fish
Commission, and countersigned by
the Chairman of the Shell Fish Com
mission. Now, therefore, you are hereby
commanded, absolutely and peremp
torily, without delay, to proceed to
audit said accounts upon their being
so presented to you. And that you
at once upon auditing the same, issue
warrants therefor upon the State
Treasurer for such amounts as you
shall find to be due the plaintiff there
on; and that iu all things you comply
with and obey the mandates and re
quirements of this writ, and that
herein vou fail not.
Witness. Thomas S. Kenan, Clerk
of our said Court, at office in Raleigh,
this the 17th day of October, 1900.
THOS. S. KENAN,
Clerk of Supreme Court.
(Seal of the Supreme Court of the
State of North Carolina.)
Fee paid.
Endorsed: Received October ltn,
1900, and served same day by deliver
ing the original of the within to Hal.
W. Aver, State Auditor.
R. II. BRADLEY,
Marshal of the Supreme Court of
North Carolina.
Fee paid. R. H. B.
(Copy for W. H. Worth, Treasurer.)
STATE OF NORTH CAROLINA, )
Is the Supreme Court. S
Theopbilos White
against
H. W. Ayer, Auditor, and W. H.
Worth, Treasurer.
The State of North Carolina to W.
H. Worth, State Treasurer, Greeting:
This is an action of mandamus upon
a money demand for a salary tried
upon a case agreed in the Superior:
Court of Perquimans, where the plain- 1
tiff recovered judgment, and the writ
of mandamus ordered to issue. From :
which judgment the defendants ap
pealed to this court, where the judg
ment of the court below was modified i
in amount of recover-, and as modi
fied, the judgment of the court below !
was affirmed; and that the said judg
ment as modified and affirmed entitled
the plaintiff to a salary of four hun
dred dollars peT annum, as Chief In
spector of the Shell Fish Commission,
five cents per mile for each mile trav
eled when engaged in the business of
said commission, and for other extra
expenses not to exceed fifty dollars
per annum. And it being further
declared by the court that the defend
ant, Hal. W. Ayer, as State Auditor,
shall pass upon and audit said claims
upon the same being properly certi
fied by the Secretary of the Board of
the Shell Fish Commission, and coun
tersigned by the Chairman of the
Shell Fish Commission, and it being
further declared, that the defendant,
W. H. Worth, State Treasurer, shall
pay the amount stated in the warrant
drawn by the defendant, Hal. W.
Ayer, as Auditor, aforesaid.
Now, therefore, you are command
ed, absolutely and peremptorily,
without delay, to pay the warrants
issued as aforesaid by the State Audi
tor on you as State Treasurer in favor
of the plaintiff; and that in all things
you comply with and 'obey the man
dates and requirements of this writ,
and that herein you fail not.
Witness, Thomas S. Kenan, Clerk
of our said Court, at office in Raleigh,
this 17th day of October. 1900.
THOS. S. KENAN,
Clerk of Supreme Court.
(Seal of the Supreme Court of the
State of North Carolina.)
Fee Paid.
Endorsed: Received October 17th,
1900, and served same day by deliver
ing the original of the within to W.
H. Worth, State Treasurer.
R. H. BRADLEY,
Marshal of the Supreme Court of
North Carolina.
Fee paid. R. H. B.
That, pursuant to tho command
contained in the aforesaid writ of
mandamus issued to said Hal W.
Ayer, State Auditor, the sum of eight
hundred and thirty-one and 15-100
dollars was unlawfully audited and
allowed by said Hal. W. Ayer, State
Auditor, and a warrant on the State
Treasurer was issued by said Hal. W.
Ayer, State Auditor, in words and
figures following, to-wit:
(Copy of Auditor's warrant).
No. 22962. $831.15.
STATE OF NORTH CAROLINA, )
Auditor's Department.
Raleigh, October 20, 1900. )
The State Treasurer will pay to
Theophilus White, C. I. S. F. C, or
J. C. L. Harris, attorney, or order:
Eight hundred and thirty-one and
15-100 dollars, for salary as Chief In
spector Shell Fish Commission,' com
pensation for extra services and mile
age from March 20, 1899, to Septem
ber 1, 1900.
HAL. W. AYER,
State Auditor.
R. C. RIVERS,
Chief Clerk.
Code N. C, Vol. 1, Sec. .
Code N. C, Vol. 2, Sec. .
Chap. 13, Sec. 12, Laws of 1897.
Chap. 19, Sees. 1 and 2, Laws of
1899, which said warrant was subse
quently, on the 22nd day of October,
1900, pursuant to the command con
tained in the aforesaid writ of man
damus, directed to the said W. H.
Worth, State Treasurer, unlawfully
paid by W. H. Worth, State Treas
urer, out of the funds in his hands as
State Treasurer belonging to the State
of North Carolina, without any ap
propriation being made by law for
the payment thereof, to the aforesaid
Theophilus White; which aforesaid
mandamus writs were unlawfully is
sued as aforesaid, with the intent
thereby to compel, bv process in the
nature of execution, the payment of
the aforesaid sum of eight hundred
and thirty-one and 15-100 dollars out
of the State Treasury, in violation of
the aforesaid provisions of the Con
stitution, whereby the said David M.
Furches, then Associate Justice, now
Chief Justice, and the said Robert M.
Douglas, Associate Justice of the Su
preme Court of North Carolina, did
then and there commit, and were
guilty of a high crime and misde
meauor in office.
ARTICLE II.
That at the time hereinafter named,
to-wit: on or about the 17th day of
October, A. D., 1900. at and in the city
of Raleigh, the said David M. Furches,
now Chief Justice, and who was then
an Associate Justice of the Supreme
Court of North Carolina, and the said
Robert M. Douglas, who was then,
and is now, an Associate Justice of
the Supreme Court of North Carolina,
and one other member of the said
Supreme Court of North Carolina,
now deceased, concurring therein,
constituting a majority of the said
Supreme Ceurt of North Carolina, did
usurp legislative authority, and did
assume to themselves legislative func
tions, and, intending to bring the
General Assembly of North Carolina
into disrepute, public scandal and dis
grace, unmindful of the high duties
of their office as members of the said
Supreme Court of North Carolina,
and of their oaths of office, and in
contempt, disregard and defiance of
the provisions of Chapter 21, Public
Laws of North Carolina, session 1899,
ratified the 8th day of March, A. D.,
1899, entitled: "A supplemental act
to an act entitled, 'An act to provide
for "the general supervision of the
Shell Fish Industry of the State of
North Carolina, and ratified on March
2, 1899,'" did, under the color of
their aforesaid office, unlawfully, will
fully, and in violation of the afore
said provisions of the Constitution of
the State of North Carolina, and In
disregard and contempt of the Acts
of the General Assembly aforesaid, in
the aforesaid controversy submitted
without action to a Superior Court
Judge under the Code of North Car
olina, Sections 567 and 568, entitled:
"Theophilus White, vs. Hal. W. Ayer,
State Auditor, and W. H. Worth,
State Tresurer," pending on appeal in
the said Supreme Court of North
Carolina, and decided by the said Su
preme Court of North Carolina at the
February term, 1900, thereof, cause
to be issued by Thomas S. Kenan,
Clerk of said Supreme Court, the
mandamus writs aforesaid.
And pursuant to the command con
tained in said writs of mandamus the
claim for the sum of eight' hundred
and thirty-one and 15-100 dollars was
unlawfully audited and allowed by
said Hal. W. Ayer, State Auditor, in
favor of said Theophilus White, as is
set forth in the aforesaid Auditor's
warrant, and the aforesaid warrant
on the State Treasurer, was issued by
said Hal. W. Ayer, State Auditor, aud
said Auditor's warrant was unlawfully
paid by said W. H. Worth, State
Treasurer, out of funds in his hands
belonging to the State of North Caro
lina in the Treasury thereof, contrary
to the provisions of the aforesaid sup
plemental act of the General Assem
bly, ratified as aforesaid on the 8th
day of March, A. D., 1899; which afore
said mandamus writs were unlawfully
and contrary to the aforesaid provis
ions of the Constitution of the State
of North Carolina, and the acts of the
General Assembly of North Carolina,
and in disregaid and contempt there
of, and were issued as aforesaid with
the intent thereby to compel, by pro
cess in nature of an execution, the
payment of the said sum of eight
hundred and thirty-one and 15-100
dollars out of the State Treasury, in
violation of the aforesaid provisions
of the Constitution and the Public
Laws of the State of North Carolina.
Whereby the said David M. Furches,
Associate Justice, now Chief Justice,
and the said R. M. Douglas, Asso
ciate Justice of the Supreme Court of
North Carolina, did then and there
commit, and were guilty of a high
crime and misdemeanor in office.
ARTICLE III.
That the aforesaid controversy
without action, entitled as aforesaid:
Theophilus White vs. Hal VV. Ayer,
State Auditor, and W. H. Worth,
State Treasurer, was decided by the
said Supreme Court of North Caro
lina, on or about May 22nd, 1900, at
the February term of said court, and
prior to the" 14th day of June, 1900,
said Supreme Court had adjourned
for the term without directing any
mandamus writs to issue in said
cause and that on the 14th day of
June, 1900, the General Assembly
being adjourned session, passed the
following resolution, to-wit:
"Resolved, By the House of Repre
sentatives, the Senate concurring,
that a committee of two members of
this House be appointed by the
speaker, who shall wait upon the
State Treasurer, and ascertain from
him if he has paid out any money to
Theophilus White, and if so, by what
authority he rtade such payment."
That, pursuant to the aforesaid
resolution, a committee was appoint
ed who visited the office of the said
State Treasurer and ascertained from
him, and reported to the General
Assembly that no money had been
paid to said Theophilus White as
Chief Inspector Shell Fish Commis
sion, since the passage of the act en
titled: "An act to provide for the
general supervision of the shell fish
industry of the State of North Caro
lina," ratified the second day of March,
1899, and the supplemental act, rati
fied March 8th, 1899, entitled: "A
supplemental act to an act entitled:
"An act to provide for the general
supervision of the shell fish industry
of the State of North Carolina, ratified
March 2nd, 1899."
"But subsequently, to-wit: On or
about the 17th day of October, 1900,
notwithstanding the passage of the
aforesaid resolution of inquiry, and
notwithstanding that it was well
known to said Supreme Court that
the General Assembly had asserted
its right, as guaranteed by the Con
stitution of North Carolina, to con
trol the disbursement of the money
in the State Treasury, and to forbid
the payment of money out of said !
Treasury to said 1 beophilus w nite,
under the decision aforesaid, a major
ity of the members of the Supreme
Court, including said David M. Fur
ches, Associate Justice, now Chief
Justice, and said Robt. M. Douglas, j
Associate Justice, did, thereafter, to- !
wit: On or about the 17th day of
October, 1900, at and in the city of
Raleigh, in contempt and defiance of
said General Assembly and the acts
thereof, and in violation of the afore
said provisions of the Constitution in
that behalf, knowingly, willfully and
wrongfully direct and cause the afore
said writs of mandamus to be issued,
whsreby said David M- Furches, Asso
ciate Justice, now Chief Justice, and
said Robert M. Douglas, Associate
Justice, then and there did committ,
and were guilty of a high crime and
misdemeanor in office.
ARTICLE IV.
That on or about the 17th day of
October, 1900, at and in the city of
Raleigh, the said David M. Furches,
Justice, now Chief Justice, and the
said Robert M. Douglas, Associate
Justice, and one other member, (now
deceased), of the said Supreme Court
of North Carolina, constituting a
majority of the said Supreme Court di
rected the aforesaid peremptory writs
of mandamus to be issued, and they
were issued by said Thos. S. Kenan,
Clerk of said Supreme Court. That
said writs of mandamus were not
issued in conformity to law, nor ac
cording to the orderly course and
practice of the courts in this that:
SPECIFICATION 1.
That Article IV, Section 9, of the
Constitution of North Carolina con
fers upon the Supreme Court "origi
nal jurisdiction to hear claims against
the State," and no statutory enact
ment has ever been provided to the
contrary since the adoption of the
aforesaid constitutional provision;
tbat the aforesaid controversy, sub
mitted without action, to-wit: The
controversy submitted without action
of Theophilus White vs. Hal W.Ayer,
State Auditor, and W. H. Worth.
State Treasurer, hereinbefore referred
to as the record thereof fully shows,
involved a claim of the said Theophi
lus White against the-State of North
Carolina, and the mode of manner by
which payment thereof might be con
ferred, and it is nowhere provided,
either in the Constitution or statutory
laws of North Carolina, that such a
controversy without action can be
submitted to the adjudication of a
Superior Court judge, and especially
to . a Superior Court judge holding
court in a county other than the
eounty of Wake.
That the said Hal W. Ayer, State
Auditor, and the said W. H. Worth,
State Treasurer, couid not lawfully
have been sued in the county of Per
quimans on account of the matters
set forth in said controversy, sub
mitted without action, as was done
in the aforesaid controversy sub
mitted without action in the Superior
Court of Perquimans county, nor is
it provided either in the Constitution
or statutory laws of North Carolina
that the aforesaid Supreme Court of
North Carolina should have appellate
jurisdiction therein.
SPECIFICATION 2.
That the aforesaid mandamus writs
were directed to be issued as afore
said, in willful disregard of the statu
tory provisions relating to the appli
cation for writs of mandamas.
SPECIFICATION 3.
That the aforesaid mandamus writs
were directed to be issued, and were
issued as aforesaid, contrary to the
course, practice and procedure of the
said Supreme Court of North Carolina.
SPECIFICATION 4.
Tbat the aforesaid mandamus writs
were directed to be issued, and were
issued as aforesaid, in disregard of
the provisions of Chapter 19 of the
Public Laws of 1899, entitled: "An
Act to provide for the general super
vision of the shell fish industry of
the State of North Carolina," ratified
the 2nd day of March, A. D., 1899,
and in a manner designated by the
Supreme Court without any legislative
authority whatever; and also in dis
regard and defianee of Chapter 21, of
the Public Laws of 1899.
SPECIFICATION 5.
That well knowing that two of the
Associate Justices of the Supreme
Court of North Carolina did not con
cur with the aforesaid majority of the
court in directing the aforesaid man
damus writs to be issued, one of the
dissenting Associate Justicec, claim
ing the right to do so, was refused
and prevented by the aforesaid ma
jority of the said Supreme Court, in
cluding the said David M. Furches,
Associate Justice, now Chief Justice,
aud the said Robert M. Douglas,
Associate Justice, from entering his
protest against the issuing of said
mandamus writs upon the minutes
of the said Supreme Court, and was
also denied the right to file his opin
ion, giving his reasons and grounds
for dissenting from tho action of the
said Supreme Court in directing
aforesaid mandamus writs to be
issued.
Whereby the aforesaid David M.
Furches, Associate Justice, now Chief
Justice, and the said Robert M.Doug
las, Associate Justice, did then and
there commit, and were guilty of a
high crime and misdemeanor in
office.
ARTICLE V.
Tbat the said David M. Furches,
Associate Justice, now Chief Justice,
and tho said Robt. M, Douglas, Asso
ciate Justice, of the Supreme Court
of North Carolina, with their con
curring associate, constituting a ma
jority of said court, unmindful of the
high duties of their offices, of their
oath af office, and in violation of the
Constitution of North Carolina, at
various times and in numerous deci
sions of said court, commonly known
as "office-holding cases," and so des
ignated by Robert M. Douglas. Asso
ciate Justice, in his concurring opin
ion in the aforesaid case of Theophi
lus White vs. Hal W. Ayer, State
Auditor, and W. H. Worth, State
Treasurer, persistently, willfully and
unlawfully, and intending to bring!
into contempt, disprepute and public
scandal the General Assembly of
North Carolina, and to nullify and
render of no effect the acts thereof,
did, by a specious course of reason
ing, wherein they deelare the said
acts unconstitutional, in whole or in
part, as suited their said purpose, or
disregard the true meaning and in
tent thereof, nullify, destroy and in
effect repeal said acts of the General
Assembly, and contemptuously there
by did annul and defeat the legisla
tive will expressed within the scope
of its constitutional authority in dero
gation of the Constitution and laws
of North Carolina and that in culmi
nation and consummation of said
persistent, willful and unlawful intent
to discredit and bring into public
contempt the said General Assembly
of North Carolina, and the laws pass
ed by the said General Assembly, and
to impair and destroy its power and
to nullify and abrogate the laws
thereof, the said David M. Furches,
Assooiate Justice, now Chief Justice,
and the said Robert M. Douglas,
'Associate Justiee, of the Supreme
Court of North Carolina, with their
concurring associate, constituting a
majority of said court, in disregard
of their oath of office, and in violation
of the Constitution of North Caro
lina, and in disregard of the public
laws of North Carolina, did, in the
aforesaid controversy without action,
eause to be issued by said court the
I aforesaid peremptory mandamus
! writs, and under color of their offices
as Associate Justice of the Supreme
Court, and in derogation of the Con
stitution and laws, did cause to be
unlawfully drawn from the State
Treasury of North Carolina, the said
sum of eight hundred and thirty one
and 15-100 dollars, ($831.15), and by
said willful, unlawful and wrongful
act and misconduct in office, the said
David M. Furches, Associate Justice,
now Chief Justice, and the said Robt.
M. Douglas, Associate Justice, did
then and there commit, and were
guilty of a high crime and misde
meanor in office.
And the House of Representatives
by protestation reserving to them
selves the liberty of exhibiting at
any time hereafter any farther arti
cles or other accusation or impeach
ment against the said David M. Fur
ches, Associate Justice, now Chief
Justice, and the said Robt. M. Doug
las, Associate Justice, and also of re
plying to their answers which they
shall make under the articles, accusa
tion or impeachment which shall be
exhibited by them as the case shall
require, do demand that the said
David M. Furches, Chief Justice, (for
merly Associate Justice) and the said
Robt. M. Douglas, Associate Justice,
of the Supreme Court of North Caro
lina, may be put to answer the high
crimes and misdemeanors in office
therein charged against them, and
that such proceedings, examinations,
trials and judgments may be there
upon had and given as may be agree
able to law and justice.
THE WHIPPINQ POST.
A Uood and Wholesome Law Which
Needs to be Re-established.
A sickly sentiment caused the abo
lition of the whipping post in Vir
ginia some years ago, and the same
sentiment has continued to keep it
abolished. Tbat sentiment is rapid
ly changing, not only in Virginia but
other States.
The Philadelphia Inquirer urges the
Legislature to establish the whipping
post iu Pennsylvania. The Inquirer
intimates tbat it has changed its faith
somewhat on this subject.
The Inquirer declares that there is
no such effective and appropriate way
of preventing a commission of a cer
tain class of crimes and of punishing
those by whom that class of crimes
is committed than a vigorous appli
cation of the lash, and adds:
"This is a truth which intelligent and
observant people are more and more
every day, coming to recognize and ap
preciate, in most states the whipping
post wan years ago abolished in deference
to an uninatrucred and inconsiderate
sentiment. It was denounced as a relic
of barbarism and as exerting a degrad
ing influence upon those who were eub-
jected to its operation. Experience has
not confirmed these arguments. On the
contrary it has dinproved them, and it ie
now admitted by judges and magistrates
and others whoue experience baa enabled
them to form an instructive opinion,
that corporal punishment is an agent
for the prevention of crime which, within
proper limits, is more valuable, because
more effective than any other."
Our Philadelphia contemporary
then recites the history of a recent
meeting held in Wilmington, Del., a
meeting of philanthropic men who
had assembled for the purpose of
eliciting an expression of opinion
favorable to the passage of a bill now
before the Delaware Legislature to
abolish the pillory and the whipping
post. One of the speakers at this
gathering was Chief Justice Charles
B. Lore, and his remarks gave his
hearers a complete and disagreeable
surprise. They had expected him to
support the Legislation which they
were promoting, and it took them
considerably aback when he proceed
ed to oppose it. He agreed that the
pillory had become an anachronism
and that it might profitably be abol
ished, but he was far from saying the
same thing about the whipping post
His statements upon this subject
were of a kind which must have given
the good people who heard them a
succession of nervous shocks. He
declared that in the forty years of his
experience one-third of the criminals
coming before the court had been
non-residents, and that of those who
had been sentenced to be whipped be
had not heard of one who ever return
ed to the State after receiving his
punishment. The whipping post, he
said, had been the one thing which
had protected the State from the in
vasion of a criminal army, and he
knew of no other system so efficaci
ously preventive. Consequently he
was opposed to the effort making of
its abolition.
The Delaware jurist is right. It
would be a good thing if Virginia
should re-establish the whipping post
for the punishment of a limited num
ber of offenses known to the law.
Newport News Herald.
Town Libraries.
A good library and reading room
in every small town in North Caro
lina would be a means of great good,
we have no doubt, where it is proper
ly managed. We are not speaking of
the miserable "Book Clubs," so-called,
which are too often only an ex
cuse for drawing social lines among
people, none of whom have money
enough to be in what is known as
"the 400," and the members of which
have neither taste to enjoy nor capac
ity to comprehend a book, but a
library-containing strong, pure books,
in cheap binding, if need be, and
which is absolutely free to the pub
lic. A comfortable and cozy reading
room with books, magazines and
fresh newspapers would be an invit
ing place for a visitor to town to
spend an hour, and likewise for those
who may have leisure from their
work. Everybody should be encour
aged to enjoy the benefit of the read
ing room, and a little mud on a man's
boots, or a hole in his hat. should not
debar him from its privileges. It is
astonishing at what small cost such
an institution can be established. A
few earnest spirits and twelve or
fifteen dollars are sufficient to begin.
Two or three weeks ago such a thing
was undertaken in Thomasville and
already there are between two and
three hundred volumes in the library
and newspapers galore. It promises
to bo a means of great good to tho
community and we commend it to our
sister towns of 1.000 and downwards.
Charity and Children.
Expelled From Church
FOR VOTING THE DEMOCRATIC FRANCHISE
AMENDMENT TICKET.
A Negro Church Turns a fleeaber Out
Because He DM not Vote to Suit
Them Ho Brings Salt ami tho Case
Is Carried to tho Supreme Court
The Com Argued by Brief for Do
feodants by Mr. T. T. Micks. -
(News and Observer, Feb. 20th.)
"Is a negro church justified in ex
pelling a member because he votes
the Democratic ticket?"
That is a little conundrum that was
put to the Supreme Court yesterday
morning. One of the attorneys in the
case seems to think so, and so stated
in his brief, alleging that such action
is justified in both law and morals.
This case of the State against
Rogers, from Vance county, which
was argued in the Supreme Court
yesterday, presents several points of
interest and is probably unique in the
history of this State.
The defendants, of which there are
fourteen, all negroes, were charged
with threatening, injuring and
oppressing one Benjamin F. Person,
in that they expelled him from Shiloh
church, a negro Missionary Baptist
church, because he voted the Demo
cratic ticket last August.
Defendants were bound over bv a
magistrate and indicted in the Super
ior Court for violation of the following
statute:
"Sec. 54. Any person who shall
discharge from employment, with
draw patronage from, or otherwise
injure, threaten, oppress or attempt
to intimidate any qualified voter of
this State because of the vote such
voter mav or may aot have been cast
in any election, shall be guilty of a
misdemeanor."
Defendants moved to quash the in
dictment. The motion was sustained
and the State appealed.
It was argued by the Attorney-General
for the State, and Mr.T.T.Hicks,
of Henderson, for defendants.
The case involved the questiou as
to how far the State had authority to
inquire into an action of a church in
dealing with its members. The de
fendants contend that the injury and
oppression mentioned in the statute
do not embrace such an injury as
would result from church expulsion.
Mr. Hicks says in his brief that under
the circumstances the act of a negro
voting the Democratic ticket in
August, 1900. was good ground in
both ecclesiastical and the civil law,
and in morals for his church to ex
pel him from membership. He argues
as follows:
"That voting the Democratic ticket
by a negro in the election of August,
1900, was voting for the spirit, mean
ing, and purpose of said acts, (Mr.
Hicks here refers to the ameudment),
which acts upon their face, attempt
to lay down and establish one rule of
conduct and privilege for one man or
set of men, and still another rule of
conduct and privilege for a third
man or set of men, and that the same
are therefore obnoxious to the spirit
and meaning of the Constitution of
the United States, and to the idea of
equal and exact justice to all and
special privileges to none, which it
is the boast of our civilization to fur
nish." He closes the brief with the follow
ing words:
"This indictment seems to me to
be an attempt on the part of the
prosecution to take 'tithes of mint
and anise and cumin.1 I am glad that
the wheat and the oil and the 'cattle
upon a thousand hills' have escaped
their vigilance or their levy, and that
having abolished all wrong in the
State, they have now concluded to
correct abuses in the church."
The decision of the court will be
awaited with interest.
a great"system.
Tho Southern Among tho Flvo Oreat
Systems in the World.
It is noted that since the absorption
of the Mobile A Ohio, the Southern
Railway ranks among the five largest
railroad systems in the world. It
operates oj owners Dip, lease or con-i
tro! by otherwise, 8,500 miles of track, f
'exclusive of the Cincinnati, New
Orleans & Texas Pacific. 339 miles I
which it owns jointly with another
system. It ram ides every, part of
the South. East of the Mississippi,
and its recent acquisitions enable it
to handle basiness from St. Louis and
Chicago, says the Charlotte Observer.
We have thought that we have ob
served, too, that with the increase in ,
its mileage there has been an in
creasing liberality io its manage'
ment. It has already done a great
deal for the development of the South
and contributed much to its prosper
ity, and under its broad and increas
ingly liberal policy may do a great
deal more. Towns and agricultural
districts through which its great
trains take their flight, may account
themselves fortunate, and especially
such towns and sections, as for io
stance this town and county, where,
it meets another system of roads
which offers it a form of competition
which is very agreeable to have.
CUBES
BLOOD AND
TROUBLES.
SKIN
Trial Treatment Free. i
Is your blood pur? Are yon sore of
it? Do rate or scratch heal slowl?
Does jour skio itch or barn? Have you
Pimpi? Eruption? Aehios; bon or
back? Erxpma? Old 8orw? Boils?
Scrofula? Rhrumatmrn? Foul Breath?
Catarrh? Are yon pate? Then B. B. B.
(Botanic Blood Balm) will parity yoar
blood, heal every eore end give a clear,
smooth, healthy skin. Deep-seated cases
like ulcers, cancer, eating; sores, f aialol
Swellings, Blood Poison are quickly cured
by Botanic Blood Balm. Can wheo alt
else fails. Thoroughly tested for thirty
Mm. Drat- stores il oer tanre bottl.
Trial treatment free by writing BLOOD:
BALM CO., Atlanta, Oa. Describe troo-1
tie free medical advice given. Over 3000 ,'
voluntary testimonials' of eorea - by .
B. B. B.
POlSCQ OQCi
Poison ivy
re among the best known
of the many dangerous
wild plants and shrubs.
To touch or handle them
quickly produces swelling
and inflammation with in
tense itching and burning
of the skin. The eruption
soon disappears, the suf
ferer hopes forever: but
almost as soon as the little blisters and
pustules appeared the poison had reached
the blood, and will break out at regular
intervals and each time in a more aggra
vated form. This poison will loiter in the
system for ytr-.n, and every atom of it
must be forced out of the blood before you
can expect a perfect, permanent cure.
Niterc's ABiUtie
FOR
Nilarc's hisobs.
is the only care for Poison Oak, Poison
Ivy, and all noxious plants. It is com
posed exclusively of roots and herbs. Now
is the time to get the poison out of your
system, as delay makes your condition
worse. Don't experiment longer with
salves, washes and soaps they never cure.
Mr. S. M. Marshall, bonkkrrjx-r of the Atlanta
G.) Cas Light Co.. was pmaune4 with Prnwn
Oak. He took Sulphur. Arceaic and nnoui
other druf. and applied eaternally oumerou
lotion and aalvea with no benefit. At ttmcathe
welling; and inflammation was an aevrre he wa
almost blind. Por eight years the poimn would
break out every season. His condition was much
improved after taking one bottle of 8. 8. 8 , and
a few bottles cleared his blood of the poison, and
all evidences of the disease disappeared.
People are often poisoned without
knowing when or how. Explain your case
fully to our physicians, and they will
cheerfully give such information and ad
vice as you require, without charge, and
we will send at the same time an interest
ing book on Rlood and. Skin Disease, r
THE SWIFT SPECIFIC CO.. ATtANTA, OA.
COAL
15 Car Loads
Broken Eg? &
Nut Anthracite
5 Car Loads
Kanawha Va.
6 Tenn. Splint
COAL.
tVHT l(K KIVKIt AT
Poythress Coal Yard.
Your
orders solicited. Will nave
money on your fm-1.
you
A WOODSTOCK OF WOOD ON HAND.
J. S. POYTHRESS,
Miner's Agent.
fare
Mnry awisw a ksra. ft, w
M IIMMM, WSM. X. It will
mmmf sixini kill. II wart,
tka Mr
ritrrs
VERMIFUGE
A r
UM 1 . ml klli
illr aiaatM)
mi teltSrM tmt SS )n
SMtl. MM.
t. a . fin, BAiniNtt, m
Dr. Humphreys'
Specifics care by acting directly upon
the disease, without exciting disorder la
any other part of the system.
so.
1 Fevers. Cona-tstlons. InSammatlons. .3S
S-Wsran. Wora rvar, WormCoUe... .9S
Tetbtna. Colic. CrrlM.WakafalMea .It
4 Diarrhea, of CaUdraa or Adults 31
T Cootha. Colds, Bronchitis ?g
ft earalcla. Toothache, Fa schs 9S
eHeaaaebe. Sick n daehs. Vertigo .3S
1 0 Dyspaaota. LadlgssUoa, Waak Stomach . 3 $
1 l-SsssresMi ar Palatal Period a 93
1 J-Whites. Too Profuse r-sriodi 9S
13 t "roes-. Larregltls. Hoars am n .33
1 4 Salt Rheaaa. Erralpelaa. Eruptions . .33
1 5 Rheumatism. Whenmatht rains 33
ItMalaria. Chills, fever sad Ague 33
'Catarrh. laflueniA. Cold la Uts Bead .33
SO WheeBlaa-Ceeth 33
37 RUaer Dlseeees .33
3H-N-rres DeWiliy !.)
30 I rlaarr WeakeoM. Watting Bed SS
TT Crip, Hay Fsrar 33
Dr. Humphrors Manna! of all Disease at jvu
Drnnlsta or Helled Free.
Sold by dragglsts. or seat oa reretpt of ptiee.
Bacaphreva' sled. Uv, Cor. WUUaas A Joke Sev
kiewYork. TOM I
8 Toaj answer va " to axrr of
these ysrations, yoti Lave iUs which
Wkmt of Gardta cures. Do you
appscdate what perfect health would
be to you? After taking Wine of
Gsjdui, tnottssnds like you have real
ized k. fierrous strain, lass of sleep,
cold or toditioa starts menstrual
disorders that arc not noticeable: at
first, but day by day steadily grow
into troinSaf some TfTp"'tfftfif , iTios
of Cardui, used )ust before the men
strual pertoi, will keep the female
system to perfect condition. This
medicine Is taken quietly at home.
There is nothing like it to help
womcD'cnJoy good heilfh. It costs
only SI to test this remedy, which is
endorsed by ljOOQ000 cured
Mrs. Lena T. rrkbarf. East iL Leak.
UL, ssyst i era paVyskally a new
woman, by reason of any test of Wbm ef
Carnal and Thedford's Black Drausht-"
la urn repairing sped a SlreoUoee. aa
dreas, giving sraptonsa. "The Ladles' Advis
ory DeperuMet." Tho Chattanooga ateo
i vew laanananga. it
Biff bargains in all lines of goods at
H. THOMASON'S.
ifej nut
v asr -wwaShf I
k an ii
for Women
jvr Are yoa completely rrhsttstrrf? (
If Do yon suffer every month?
II
n etee vew laanananga. xsmn.
f?fs5ilfifi1Ti