Newspapers / The Morning Post (Raleigh, … / Dec. 24, 1897, edition 1 / Page 1
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i WEATHER FORECAST: g , Raleigh and Vicinity Fair .'; an J colder this morning. ' & LAST EDITION, 4:00 A. M. No. 21. RALEIGH, N. C, FRIDAY, DECEMBER 24, 1897. 'wf i Prints all the telegraphic news ; ; 1M1L Jill ili a of the world, by the Laffan , i VTy AwJii hrcjh Ay 1 News Bureau of New York. fill EX ins Mi ll.f.t! .i Ii let h.r and Ii lii'm-s t;ik tol lin-tl l i to lit It iifiilfll THAT EVE OF THE CZAR. .. I nrmnsboro Yes- ccuitu ui " tcrday at toon. AST IV0IHS, "LET HER GO" as Biok. nn( lie -Died Twelve 'ell-Retained ... , 't, I fu" ""P soiih- S.' ry Interesting rniiuj "I" the Last ell.; -l Son ly ,., Kiurilcrcd iiis cutr l 111- .-it nuon ',,- ih-oi. fell .!!' !'-.: I- fall. fall. clii rci ami lie I life i l ul ncr iHTilT, wlio t " t ncr- :i II'.; i in- J i'. i J :i, JiM'-i :,!v" e ! I i.C i i il. Hiil-.l." a r, Mr I t i i J 1 1 ! 1 l " mil the !l tin- Scheme to Compel It to "Recognize" a Member at Certain Times. liy Telegraph to The Morning Post. Washington, Dec. 23. The Republi can members of the House Committee on Rules today continued the examina tion of the Code, to be reported after the holidays. To expedite consideration of bills, Mr. Walker (Mass.) proposes that instead of three calendars, which the riilcs now provide, for, that there shall be ten. v Representatives Stone (Penn.) and 'irout ( Vermont),, have suggested that lli- acts of the Hoard of Governors of the National .Military Homes be jlut un der the jurisdiction of one of the com mitteess in charge of expenditures, with a view to initial legislation regulating the control of the institutions. Grout's proposed amendment grew out of the in vestigation of last year by the sub-committee. Several members have introduced res olutions requiring the. Speaker, when a member addresses the chair and no other inciybcr desires it, to recognize that member. This proposition, if put into elect might lead to very embarrassing iv-nlts, and n-ot likely to meet- the ap- roval of the committee. Secretary Gage has submitted esti mates for urgent deficiencies in several departments of the government, amount i:ig t 1 ,w i'"i,-"- EVANGELIST PEARSON- Latest Work of This Well Known North Carol -na Preacher. -t i.i' i'.il hi I .lu-cpl'l of inrch lis T-. I'j;rajh to The Morning I'ot. Li.xiffiiox, Va., Dec. 23. Rev. Br. Pearson, the effective arid eloquent North Carolina minister of the gospel, ias been holding a two-weeks' revival jt this place. The meetings have just closed.. There were over 2'0 who made a profession during the meetings, and of this number thjere-were twenty-five ca dets of the Virginia Military "Institute. The Presbyterian congregation made up a purse of .M0jin -gold, and presented i ii i - id cut s con - L'ill'll. Tin- .1 :nt c! in it to .nr. i'earson. ir. I'earson win go t to nr. i'earson. ir. o his "home in 'Ashevill i it M"i." h. 1 1 1 1 Will' I", i I.. H II"!. l! ., I I.. I I lire l.li.l lit i Hi I I'i:: I l!n- (mil! I I III- 1 I! -1 1 1 1 1 - il la r oil e i li I Ii (' it l.oi h I h to Ins lioine in 'Aslieviile, jn. U.-, to rest for a inont h, as he has been preaching coiii inuoiislv for the past four months. j ' V j I Mr. Pearson is well known all over North Carolina and the abuth generally as one of the most effective evangelists in tin country. Ed. 1 1 ' I. iv an- - u 1 . i -i !. -t.i.'!' d a I in. a n i.- tn- fatal hi l" nia i- l.y her knuw- iimiiev from i i i.ii'liirti I hciii.i'. on tow ii I.", do I I al I in- i'.il ;i:el. . ::i ii. I 1 1 1 : i .' Ihal -he ii i i I t iHardt-is Uv it!us.:. Ins lU-inamls hr j.ii!h-d a pi-t.d and -hot her three J I. .ill i i.i' i i'i 1 In r lue:i-t. one. nil.' her head. I. ill I he he I did Hot rlliiT. A d inciter of, the murder- Hninaii he.ii -I I lie lii st shot and ran ic thior in time to : ee her lather tire tliud shot at her mother. Jlrs.-Kvan 1 in -taut I v In - ii In-t ancsted, all hour or so a-i tin i :i -i-.m of t he crime, he e "i-.l'ii'i -ottow for the act. sayiiii;" it In- i ii t en 1 1- 1 to also kill him-ell. lmlt 4jlne t liei eaft er he c pressed i-. i nut i ii I-IH.--S and soon becainc.in i -te. in t he -uhjeet of religion; and ..ii.'h In- had less t han t u o w eck.- t h n In e. -he i i a ' t' a e i 1 1 t lie Cat In d ic re rinii. W In II a-ke.l h the sherilV. jll-t alter i- ii-a.liii ol the deal Ii u a rra ni and rtlv pi en to t he exeeilt ion. if fie had y -t:iti iin iit I.. m:iLr. i.ur ci ii res noiii i -I :it lip ei, -!...!.. u ireil II- a follov, s -t nijlit. I At her lost-Mil lntt-rti-rt-s. I the iin-oner ii le ! tit I her 1 o sa . Minn t he ije-ejih came otl'icioii-l - '.. -'. - i id the prisoner had ; oiii :.. t h i a . furt her to --ay . The i al' n i !"1 tin pi i-otier to J 1 1 -cut at I e of. i the pres a 'Mi -t i.m and no attempt Vengeance Was His- i!y 'l'ek ijrapli to The Morning I'ost. Rikminoiiam, Ai.v., Dec. 2:. T. T. 1 Ash ford, member of the jboard of alder men, shot and mortally wounded F. T. 1 llrown, of Courtland,, Ala., on the crowded streets today. Last year Brown shot and' killed Ashford's brother at Courtland. TO SOLVE THE PENSION QUESTION. ; hew mm ' coii operrtives i-lmrtl 1 1 ' I .m ! Ii : 1 Vfat!,, It-Mlt a: HI lie ii.l ! If-t , i:, iii n.. ke.l Iniu i Ilia 1 til h to ha 1 htm make a -tat. 'tu .la-l it t li 111 'f the , c!i )., Ilfllll !.,'..! tieiiii-1.: -. uniu tin- ,1 ''ete.i. ;n:.. "'T !". at us,' i-ti;rh, "11 th. it'-kev m ., I'i ".it 111 . !..u 1.,,.; -1 d till 111 t a in e t i, M a a 1 1 j 1 1 1 l: . i 1 1 1 e I ' o r o 1 I ait t he U'i pl 1 I erred t o a - I 1 1 1 v 011 ten ooor ic short that no the C 11 ntiiT 011 ha e ! he d not be TME QUESTION WITH THEM NOW IS WILL THEY STRIKE or Accept the Cut of ten Per Cent Made Ly trie mill Owners It Will be Settled Finally Next Week When the Labor Unions Meet. r ttv T.-lesra;h to T'ne Morning Post. Fm.i. Piivt.i:, Mass., Dec. 23. The u..e situation will not define itself until next week, when the labor unions will meet and vote either to strike or i-.ecept the cut. The strong feeling in f tiorof the tight is apparently not al- H-ivrd in the least. There is nothing on which to base a prophecy of the final -tain!. The operatives, unionists, say that the general feeling is for a strike, lr,:t there are men looked upon as good unionists who declare they will vote to aecet.t t he cut until May, and then strike. There is a report that the u iii be asket standard cut of cloth, that wages may he based on such length. This has been a source of trouble in the mills, and no doubt will continue to be. Standard length has always been forty-five yards. Weavers say cuts run from forty-six to iii'tv-four yards, and that by this fact alone they are now daily working under a cut-down. The cut-down ultimatum is having its e;Tcct on general business A Connecticut Manufacturer Has a Plan for Congress. By Telegraph to The Morning Post. New York, Dec. 23. The Press says; W.F.Rockwell, a prominent manufac turer of Meriden, Conn., has in view the presentation of a bill in Congress through the Pension Committee looking toward the funding of the pension ap propriation. This bill, according to Mr. Rockwell, promises to be of great bene fit not only to the government in the saving of many millions of dollars, but to the vast army of pensioners also. Mr. Rockwell has talked about his plan to President McKinley, Secretary Bliss, members of the Ways and Means Com mittee and to pension officials, all of whom, he says, think well of it, but they have not decided yet how it will be re ceived by the country. Pensioners who have been approached by Mr. Rockwell on the subject also think well of the idea, and are inclined to view it in a favorable light. He has consulted also numerous bankers, com mercial men and life insurance actua ries, who approve the scheme anil ad mit its feasibility, believing it to be en tirely practical. "It has long been an idea of Con gress," said Mr. Rockwell in speaking of 'his plan, '"that pensioners are depend ent, whereas, as a matter of fact, the irreat bulk of them are independent. Thousands of them are owners of farms in the W est, which are mortgaged, the mortgages bearing interest anywhere from 8 to 12 per cent. "My idea is to issue negotiable bonds to the pensioners, or to pay them the cash at their option, to cover the amount they would receive from the government, based on the insurance ex pectancy. This would enable them to pay olf these mortgages, thus saving to them the difference between the lowest rate of interest in any State, 6 per cent., and the interest on the bonds, 2 J per cent. "This would relieve them from their present entanglements. "There are in round numbers, about 05,000 persons on the pension rolls, and to those who are not owners of farms the payment of the entire amount which, according to my table, would be due them, would enable many of them to start in business, and this in itself would put into circulation a big amount of money that would inure to the ben efit, not only of the community in which they reside, but to the country. "It would also be a great saving to the Government in the matter of salaries and expenses, since it would do away with the Pension Office machinery, while the only expense the Government would incur ..would be in the issuing of the bonds. It would also do away with the pension attorneys, who receive from pensioners a good share of the money paid out for them." Mr. Rockwell , lias Oj.inificestj9i1&i: bill, he says," beyond" the benefit which would accrue to the Government and pensioners by its adoption. He thinks the pension roll is becoming a greater incubus upon the Treasury each year, and that sooner or later something must be done with it. He believes this idea, in a great measure, will relieve the strain. DAMAGES AGAINST UNCLE SAM. SUPREME COURT DECIDES MAINuT THE WIlONS The New Commissioners Forcibly Took Possession of the Railway Commission Offices Last Night. CHIEF JUSTICE FAIRCLOTH GRANTED A WRIT OF ERROR The Action of the Chief Justice Carries the Case to the United States Supreme Court on Appeal Justice Douglass Wrote the Opinion Which Was Concurred In by all the Justices Save Chief Justice Faircloth, Who Filed a Dissenting Opinion. Yesterday afternoon the Supreme Court rendered decisions in the cases of L. C. Caldwell vs. J. W. Wilson and J. H. Pearson vs. Otho Wilson, for offices of Railway Commissioners, deciding in favor of Messrs. Caldwell and Pearson, the appointees of the Governor. The opinion was written by Justice Douglass, the other Justices concurring, save Chief Justice Faircloth, who filed a dissenting opinion. He held that the Governor did not have the right to re move the two Wilsons. Chief Justice Faircloth flatly refused to sign the judgment of the Court. The Chief Justice always signs the judgments for the Court and his failure to sign this judgment was something unusual. Judge Clark, the next oldest Justice on the bench in point of service, signed the judgment at the instance of a ma jority of the members of the Court. The Governor and his two Commis sioners had planned a coup d'etat, by which they expected to become in pos session of the Railway Commission of fice. It six o'clock Capt. W. H. Day, counsel for Caldwell and Pearson, ap peared in the office of the Clerk of the Court, Col. Thos. S. Kenan, and asked for a writ of execution. A writ was im mediately issued to put Messrs. Caldwell and Pearson m possession of the office. The order was immediately placed in the hands of Sheriff Jones for execu tion. Before the sheriff could execute the writ, Mr. R. O. Burton and ex-Judge Spier Whitaker, counsel for the Wilsons, obtained from Clerk Riddick, of . the United States Circuit Court, a writ of error and supercedeas, which carries the case to the Supreme Court of the United States on appeal. The'writ of error was sanctioned by Chief Justice Faircloth, and in this way it was se cured No other Justice of the Supreme Court could have issued a writ ot error ana thereby remove the case to the Supreme Court of the United States. The Chief Justice alone has that prerogative. the opposition to the Governor "and completely dumbfounded the enemy. Both Mr. Caldwell and Mr. Pearson ramnml in the Governor's office the Legislature d to define the length of the tion of the defendant that the Governor violated the fourteenth amendment of the Constitution of the United States in removing him from of fice, cannot be sustained. He says he is utterly unable to see any Fed-' cral question whetever involved in the action. The office of Commissioner exists solely under the Constitution of the laws of the State. It has no re cognition in the laws of the United States, does not interfere with the inter state commerce, and is concerned solely in domestic affairs and internal trade. Defendant was not deprived of his office without due process of law. Being cited to appear and answer charges, he did appear and rile answer. The. written notice of the Governor, which was ad mittedly received and acted upon, was in effect a citation and had all the force of a summons. "Due process of law" is difficult to de fine, but we think here the defendant has no cause to complain. The opinion by Judge Douglas con fines itself largely and elaborately to decisions of the United States Court, as the defendant invoked the protection of the Constitution of the United States. "It is true also that even in a suit be tween private persons to try a question of private right, the action of the exec utive power, upon a matter committed to its determination by the Constitution and laws, is conclusive," citing Luther vs. Borden, 7 Howard 1; Doe vs.Broden, 15 Howard G35, and cited in Walker vs. Laurinth, 2 Otto D!); and others. Judge Douglas holds that there can be no question of the right of the Gov ernor to appoint the plaintiff if a vacan cy legally existed. Foster vs Kansas, 112 U.S. 201, 204. The only question really at issue is the legality of the re moval of the defendant, and in this view the State of North Carolina is the real party in interest, as it is her act, through her Chief Executive, of which the de fendant complains. The defendant has not been denied ac cess tthe courts. He did not attempt to appeal from ifee -action . of Tje J?oj ernor, nor seek the aid of the courts, "but forcibly retained possession of an office from which he had been rightfully sus pended, and forced the plaintiff to seek Ilia -1 deel ire 1 that of all hi- t roubles, t i h-a r of i h isk.-y -'. I '.I II loll-, tic. Trade has fallen o'f decidedly during the past few day-. COLUMBIA EXPRESS ROBBERY. cnunvsim cowwehce cow Ed- l'4Mn Aiun-ntly IvtUed on lo: th- ll.te. t I 'A M.u, Win l; ht,r;t, uti !,;-; tin- t'-iha;. ' .'..,-, I'll -1 f, -'A:., V. t- i . - a ; ot i to ap e. to -11 le.lt O i - - e 1 . I . . . I I'i - .1 l i u a e I II I, he d- iv.1), ,,; i'ti: Pa Nothing Yet Definitely Known of the DiSr : appearance of the $10,000 Package. i I v Kinpli to The Morning Post. "' Cu t mi-.ia, S. C, Dec 23. There were no new developments this morning in the express matter. The officers of the comj panv are still on the field watching for developments. The-$10,000 package has not mad. its appearance, no arrests have he. -ii made, and, so far as the general ie,n. In- 1- concerned, the matter is no 1, ear. r a solution than it was on i'"the pac kage was missed. For Seizure of Canadian Sealing Vessels In Behrlng Sea. By Telegraph to The Morning Post. . Washington, Dec. 24. The United States will have to pay every penny for the seizure of the Canadian sealing ves sels in.Behring Sea prior to the Paris award. A copy of the decree of the Claims Commission, received at the State De partment, shows damages awarded Ca nadian sealers considerably more than $425,000, which England is prepared to accept in satisfaction of all claims, but which Congress declined to appropriate. In addition, the Award Claims Commis sion of the United States must pay coun sel fees and other expenses. The offieia. 1 statement was made this afternoon, atter Gen. Foster spent most of the day in fig uring out the amount of award with the assistance of the Assistant Secretary. Cridler does not clearly indicate how much the Canadians will get altogether. This statement eonveys the impression that the award will be about $440,000, but it is learned on good authority that the full amount will be a few thousands less or more than $460,000. The state ment published in Ottawa yesterday, saying the award aggregated $400,000, is probablv correct. A copy of the award j cannot be obtained at this time. ..tr -r rmtiTiliiv Late in the rodress in this action. I he (jrovernor 11 .III I I'lHV ' ' ' ' " ' - ' ' - . . I . . . . . - 1 . r 1 afternoon the Governor and Mr. Uald- distinctly recognized ine ngm 01 ue well went to the court room to watch fendant to have legality of suspension developments. tested, and matte no attempt, 10 mspos It w as 7:10 when the writ of error was sess him I .... ! 1. . r :! applied for. A bond ot $4,001) was re- Tne defendant waived rigin 01 mi quired to carry the case on appeal to the by jury, it any such rigni ue even nau, United States Court. This the Messrs. by accepting otnee under a statute w mui Wilson gave, Col. J. S. Carr, II. C. expressly provides that he might be sus Rrown and two of Maj. Wilson's " sons pended by the Governor without refer- minr on as bondsmen. ence to a jury. One process of law does jt ,.-.,i;,.tn,l th-it the Snnreme Court not necessarily imply in all cases the At IS ULl.Ul" I - I . . 1 . . .,-.... 1 i. j if : ,.-;n not il snose ot the case witnin ri2Ul 01 tnai uy juiy. n "- twelve months. Caldwell and Pearson Take Possession. Last night at 11:40 Messrs. Caldwell and Pearson forced an entrance in the offices of the Railway Commission at the equitable jurisdiction of the Federal Courts would practically oe annulled. The defendant was not charged with any crime, but with legal disqualifica tions. The object by his suspension was to prevent the danger and scandal Agricultural Department by picking the Gf having important official duties per locks formed by one legally disqualified Thev were accompanied to the office The second exception to the refusal hvMr'T.F. Brockwell. the locksmith. of the Court to submit the issues ten- .-ho rtVcted an entrance. Mr. Brock- well was sent for by the Governor at 10-30 last ni-rht and civen instructions to force open the office. As soon as an entrance was effected by a rear door, Messrs. Caldwell and Pearson turned on the lie-lit and proceeded to warm CT" dered, or any issues, is practically di rected to the denial of a trial, by jury. This the Court thinks was -properly re fused, as there were no disputed facts before the Court. There was nothing to go to the jury, unless the Court went behind the action of the Governor, which we think could not be reviewed by the Court. The suspensiun by the home. Mr-. Caldwell said in an interview- after midnight: "No process of law lias been served on us. We waited here SIMPLY FIXING TO GET "FIRED." :l e i 11 11 . I Is 'el. t .1 cnti nuat NV, Y I.' 1 1 li., Trv'i, ''V !l tt i II A ; :. i i: k -ii. "II e. 1 tilt ci i- a la w . ei- '" " 'le- Ue I lilU' U 1 1 a ! -,. of t t :!: n,i;t.-iii- t '-irt of Pen 11 !' ! I'ie hi, v er lie 1 ah ; '" 11' '".le-t cud rioter-. Wfftitig lf.in't Llrvf Presl d itts. : V -. !-.-! ' -' ; .-At the mect'iv,-- Trunk Lines in conference r- of the Joint lav, -teps were e 1 will rc.-t we ! live -t o.-'iv, j-r i at t ' r .1 an iar . t . An Idaho Official Who "Defies" Civil Ser vice Laws. By Telegraph to The Morning Post. I Boise, Idaho, Dec 28 The Surveyor! linn oro 1 .Tncpiih Pr:nlt is in rfevolt i ..!t rivil Service law and the ! ! reporter queried. 'ie ! Interior Department. He has received I "Oh, well, there is a :,ioti,.. tleit. Prank C. AVhitthorne has , im ic t the Y.irhom '' Mr. Cald e 11 .r Mia red in woriitiitr u n me , . . , , , T ! partment, from the Surveyor General's c i . . . . . , . . . .1 e iroing on w ith their work as if li.i-l happened. their cold feet and make themselves at Governor is not a final determination j of the defendants' rights, which must ultimately be passed on by the Legisla ture, sitting somewhat in the nature of a Court of Impeachment. The defend ant would be entitled to reinstatement two hours for. the Sheriff to carry into and full pay if the Legislature deter- AvMitinn the order of the Court. He mines that he was suspended without didn't come, and we went to supper and returned again. We are going to stay here. We are only obeying the process of the Court we are amenable to. Where are you going to sleep," tb? bed here. Our ,.,.t the interest in it continues to 1 v -neat. All the employes at th are '"oinil Oil n 11 11 turn ni.i n n 1 .(in . De-1 ,, 1L.1 wen icai.uivcu. il- : .1 Ce.ln ( W.,.. I, irtiin tn fhu ' omce in me oiaic ui 1? aauiuswwn w niv, 'I am awfully behind iu my corres- cause. The Court holds that the Governor was required to act, necessarily upon his own findings of fact. It further holds that such official action was'due process of law. It is alleged that the statute is uncon stitutional because it requires of the Railroad Commissioners qualifications in addition to those prescribed in the the Constitution. Judge Douglass says he sees 00 merit in this contention, as in 1 he "Dauntless" Turns JUp Agali- I".1. t'.i'i to The Morning Tost. W v- wi.ro lVe. 2:?. Tbe filihu'ster - tu "Dauntless" returuevl to Jiuk- 1 .-nil nrAriciAnc u'oro h it intptifl Pel tn i office here, under the Civil Service rules. ! " ' restrict the rights of the individual, bit I Mr. Perault has written the De-partinent , ingiy. to secure the faithful and efficient per- 1 that he will not permit hitthorne to; Messrs. Caldwell and Pearson say they formance of public duties. Moreover, j take a place in his office. were not officially notified of the appeal every presumption is in favor of the con- j He 'does not propose, he says, to have j Suoreme Court, and it is un- stitutionality of an act of the Legisla- . 1 . . . , I . , . . i,n.1at Ihn ' i auv employees scut 10 uuu uuuci ; die today. Immediately on receipt I Civil Secvice rules or any other rules. - ;i v 'of information to this effect instructions were sent to the odicials at Key West, iVnsieola and other points to relax ex- linirv -cttori Weyler's Opposition to Autonomy. I By Cable to The Morning Post. I Madrid, Dec. 23. Gen. Weyler, in an 1 . : PfllllT i : ; ,.K1 1 lo .,,,....1 ! 1 .1 .L. J , HiLtl juat , .UL-nsucu, 10 uuLvvt j IOCKS On lllc UWrs declaring formally that there is no hope 11 it . i -en , "U I lie a ii! ,r ' m i,! -. .. 1-. Utf, 1-e I tai.-r, . i 11 '.t'-r the '111 tl... .... . Mtll.lt " uiau )ean I lie la I'll i H tl ii th. 1 1 . 1 1 1 - -1 o -. 1 . 1 s l.-e- lllter- ice for CA-rfs. The short term of her ab srrtvindic.Ue that her purpose was not curried out, but this is not certain, of 'course. - ' ' ft an the W.st Shore Cold Santa Claus weatner. 1111 ' !i'l-r. that ill his opin"-' By Telegraph to The Mornine Post. 11 l- ll.e.v niiieli lii't- ! Wasiunoton- Dec. 23. Forecast for ' tmie during the last eight ; North Carolina and Georgia Fair; i colder, northwesterly winds. ii nml nil van cnnaTllo ,1 . . . . 1 !..- tllOJT II- Ai t-41 Q I riiifll tfi I ' u" 1 J . be served in its favor. Cooley on Const. enter the otnee on tne strengtn oi tnts. T ; , therein cited. While a Post reporter was present, While our attention has not been Mr. Brockwell was busy putting . new j called to any decision from other juris dictions relating to the removal or sus- Tt i likPlv thnt Messrs Caldwell and P'on 01 nauroau coiu..uSiuucl3, ol the success of autonomy, addinu that .,, , , . , . I do fifld in the creative statutes -of the " no renn trill crAnn n ni r l i net rr o a 1 k I " i,no insurgent will submit except to the """" v Tnited States and of several of the the Commission gtates, provisions similar to those no chief, and asserting that the insurrection ' office. I under consideration. The same pre- The' forcible possession of the office sumption of constitutionality wccW ut- ,1 thin! far thetr mir fw by these gentlemen will likely result in ia"".r - J considered s precedents. Anotner con interest ing developments during the next 8titioijai objection argued with great twenty-four hours.' - --- - rorce watb5tht act interfei' -with the Tbe Decision ot th Court. . ; j inden.lent tc-suTe of the Judiciary to The opinion of the CourtwiS rcifjeredj esseatial it - tit proper enforcenieut of by Justice Douglass. : the fa w ?d tb e protection ol W citizen. rv. 1 V rpiilif tie? responsibilities of this Ira li ma le to lind the vessel. It is believed her e j;im inder intended, when he left .la.'A-im". ilie Sunday, to connect with -o ne ve.-sel at sea for the purpose of ManiuU of Santa Lucia and another ; g &rA duty in t ii:ir a cargo of arm ant ammunition j will continue. The General is quoted i as saying that if the Spanish Govern- ment persisted in autonomy Spain would lose Cuba in a few months. In conse quence, Gen. Weyler said, he opposed the dissolution of the Chamber until the Government renounced its policy cf giv ing Cuba an autonomous form of goT eminent. ?. Court in settling the line of demarkation between the Legidative, Executive and Supreme Judicial powers, which by con stitutional obligation, must be kept for ever separate and distinct. This vital line must be drawn by us alone, and we will endeavor to draw it with a firm and even hand, free alike from the palsied touch of interest or subserviency and itchiDg grasp of power. Should the Leg islature or Executive Department of the State cross that line, we will put them back where they belong; but upon us rests the equal obligation of keeping upon our own side. This is a question not of discretion but of law, a matter not of expediency but of right. One conclusion is that the Railroad Commission does not stand upon the same footing as the Criminal Courts we assume, as it is an administrative and and not a judicial court. While it was made by a subsequent statute a court of record, it was clearly the object of the Act simply to give authenticity to its records and proceedings, as it added nothing to its duties. The Court holds that the disputed pro visions of the act are constitutional, and that the power of suspension rests in the hands of the Governor, which, when exercised in an orderly manner, is not reviewable by the courts. Whether the action of the Governor was justified-by the facts, which he alone could find, is not for us to say. That the defendant has not been deprived of his property without due process of law; Uiat the only property he could have in the office was that given to him by the statute, which must be construed in all its parts. His commission, which is his title deed, ap pears to us with the fateful words of the creative act written across its face by the hand of the law. Whatever right to a trial by jury he might otherwise have had, was waived by his acceptance of the office under the conditions of the statute, at least so far as the action of the Governor was concerned. In the court below, as all the material facts that could then be enquired into were prac tically admittedthere was nothing left but the bare questions of law, and upon these questions we see no error in the ruling of the c ourt. The judgment must therefore . be affiimed, but in view of the public interests in volved, we deem it proper not to re mand the case, but to enter final judg ment in this Court. This action it taken on motion of counsel made without ob jection in open Court upon the hearing of the case, and under authority of sec tion 957 of The Code. The judgment will, therefore, be entered that the re lator is entitled to the office of Railroad Commissioner; that the defendant be ousted therefrom, and that the relator be placed into possession of said office, together with all its records and other appurtenances thereto belonging. Chief Justice Falrcloth's Dissenting Opinion. Chief Justice Faircloth files a dissent- not agree with the majority of the Court in the case, and he feels it his duty to state why he does not. He concedes the right of the Legislature to abolish any office of its own creation, in which event the officer goes with thejoffice, not upon any notion of implied notice in the ac ceptance, but because the Legislature has the power to abolish. The Legisla ture created the office of a Railroad Commission with powers and duties, and elected members for a term of six years. That an office is property has been uni formly held since 1883. After emoting the act undef which the Governor suspended the two Wilsons, Judge Faircloth says: Thus we see that the Governor suspends whenever he deems proyer and the Legislature re moves at its will and pleasure, as an ex parte proceeding, the officer (Com missioner) having no opportunity to be heard. This proceeding is at least a novelty, and, so far as I remember, is without precedent, certainly so in North Carolina. Judge Faircloth says such proceedings no doubt are found under some forms of government, but are at variance with all fundamental rules of o-overnment in the United States. Those rules protect life, liberty and property in the administration of law The Chief Justice says the suspension of the defendants was not an Executive function, but simply an act of the Leg islature. The term "Governor" was simply used to identify the agent. He sees no reason why the Secretary ol State could not as well have been the aent, with direction, for causes men tioned in the act, to suspend the Gover nor from his office until the Legislature could have an opportunity to remove or restore him, as they might choose to do without any hearing from him The opinion holds that the real ques tion is the power of the Legislature to il remove a Judicial officer cu. i V 1 . - from his office and thus forfeit his prop erty without giving him a trial. The Constitution says "the Legislative, Ex ecutive and Supreme Judicial powers of the government ought to be forever sep arate and distinct from each other. Art. 1, sec. 8. The Chief Justice says that it has been universally held in this country wherever ! freemen live, that no forfeiture of an office nor vacancy therein, can be judi cially declared until the accused has had a trial and sufficient cause is established. Hoke vs. Henderson, 4 Dev., 1; People vs. Hinton, 77 N. C, 18; Vann vs. Pip kin, 77 N. C, 408. ' Suppose, says Judge Faircloth, that the Legislature at its next meeting shall adjudge that the defendant was not rightly suspended and has not for feited his office, and the plaintiff shall refuse to surrender his possession of the office; what then ? He asks what tribu naXcan the parties appeal for a finality with TiPe conflicting decisions. Any !egislative,!lntence declaring a forfeit- ur.; of propeiV judicial in its nature. ard when rendered without a hearing ard trial is in thXuie of thinK read ThA ;;..;V;t of the act is determined by its A rather than the itent of th Tl.VwteItJBjbe com fetent to attfUUh 33c tajr Judge necessarily lost, but it is quite a different proposition to continue the office, dis charge the officer at pleasure and give his office to another. Notice of removal from office is, at most, an implied con dition, and when personal property rights have vested can be made, only after cause established by a court having jurisdiction and by proceedings recog nized by the general and fundamental rules of law and by judicial authority. There is no alligation of incompetency, bad faith or mal administration against the .defendant in the discharge of his duties. The charges by the Governor are rather vaguely stated, and based upon private information and newspa per reports, the defendant denied each allegation and demanded proof of mat ters alleged in lower court. In concluding Chief Justice Faircloth says: "I think the plaintiff's contention is injurious, subversive and contrary to the organic law of our system of government, and that it is unreasonable and unjust, andthat the decisions of any court in any State, disregarding those principles, must soou fall under the condemnation of the legal mind in this country. FAIL URES Chestnut Street National and Trust Savings Fund Fall. BIG TH1N6 FOR THE AMERICAN. Buck Duke to Have Biggest Tobacco Fac tory In the World. By Telegraph to The Morning Post. Louisville, Ky., Dec. 23. The Amer ican Tobacco Company has bought a lot on which to erect an addition to their plug factory, which will make it the largest establishment of its kind in the country. Sohn Dorheefer, a director of the trust, said the new factory would be ready next summer and would give em ployment to thousands of hands. He said the tobacco manufacturing business was booming. Still Fighting for Durrant. By Telegraph to The Morning Post. San Francisco, Dec. 23. The attor neys for Theodore Durrant have filed notice that they will ask for a change of venue from the recent order of sentence by Judge Bahrs, on the ground that the court is prejudiced, An appeal to the Governor for a commutation of sentence will also be made on the ground that a review of the co-relation of the Blanche Lamont and Minnie Williams cases should be made. Another effort to get the case before the Federal Courts will also be made. Re-elected President of the B. and O. By Telegraph to The Morning Post. Baltimore, Md., Dec. 23. The Board of Directors of the Baltimore and Ohio Railroad, who were elected by the stockholders at the 75th annual meeting held last November, met today and organized for the ensuing year by elect ing John K. Cown Pre3ident. "DAILY RECORD" INVOLVED ORIGINAL PACKAGE" STORES RUINING DISPENSARY. Both Banking instltatlona Wore Manage By Col. Wm. Slngerty Proprietor ol tae "Dally Record," Oho ot Best Pylfl Papers In Pennsylvania Latter Said to by Serloasly Involved Slngerly May Lose Hold. By Telegraph to The Moraine Post. Philadelphia, Pa., Dec. 23. After a ... months' struggle to avoid a collapse, the Chestnut Street National Bank closed this morning, and passed into the hands v of the National Bank Examiner. Simultaneously the Chestnut street Trust Savings Fund Company suspended payment. Col. Wm. Singerly, proprietor of the Philadelphia Record, is President of each of the banks. The bank was forced to close because of the decline in value of stocks and bonds of Singerly's Paper Company, of Elkton. Md., which were accepted'as security for money advanced by the bank when the product of the mills sold at ten cents per pound. Now it may be bought for two cents. The trust company suspended pay ment because it was deeply InTolred with the bank. Bank Examiner Hardt had known of the bank's condition for some time, and Comptroller . Ecklea had been fully informed for several months. No statement of the liabilities and assets has been made yet, but the bank owes in the neighborhood of -13,000,000. Ar rangements were made on Wednesday to raise $2,000,000, but found this would not save the bank, and suspension fol lowed. The banking community had known for several weeks of the institution's con dition, but the public was wholly unpre pared for the announcement of suspen- . sion, posted up on the entrance to the bank building. Many depositors went to the building ' today to draw for holiday purchases. They found the entrance closed and an attendant behind them, who explained the situation. A great crowd collected, blocking Chestnut street. Four policemen kept the people moving. The police had little difficulty in clearing the way, but throughout the day groups of depositors stood before . the building discussing the situation. It became known early in the day that no other banks were affected, and deposit ors in other banks showed little inclina tion to withdraw. By noon the excite- t ment had subsided, and the bankers stopped fearing a panic. Voluntary Liquidation. PresidehtSirigerly said tonight "thai no statement could be made yet. "We are now at work trying to secure the indebtedness of the bank, with a view of going into voluntary liquidation." Mr. Singerly is an intimate friend of ex-President Cleveland, and one of the largest capitalists in this city and the last Democratic gubernatorial candicate of this State. 1 In trying to save the banks, Mr. Sin- A New Departure Must be Made by the State It It Remains In the Liquor Busi ness and a High License Law Is Favored to Kill Off O. P. Stores. By Telegraph to The Morning Post. Columbia. Dec. 23. Gov. Ellerbe is till wrestling with a message which, he gerly tried to dispose of two million dol- savs will treat practically of but one horB of bonds of the "Daily Record" .1 ... .... ubiect the dispensary. The uovernor newspaper, but lounu inai wouia ue un- will do his utmost for the dispensary, availing. The newspaper plant is said but intimates that if it comes to a point to be seriously involved in the failure, where the dispensary must haul down traction magnateshaving heavy claims its flag, he will favor prohibition against against it. As a result Mr. Singerly may high license. Many suggestions are be- iose control of one of the most "prosper- ing made to him for incorporation in uiB ous newspapers in rennsyivania. mere message. The most important of these are a considerable number of State and embodied in resolutions adopted Dy city funds deposited in tne wrecKeu, Mount Clio Grange No. 14, proposing a bank- plan to knock out the original package zIlftfl Ex.M.yor Non E,t mventus. houses which are killing the dispensary " t Mrninr Post It is understood that I J . . Fen&acoa, na., Lec. -.-l.ue Sf by competition. t .. I . .... favnra Vilv rp- tne suggestion u. . inMA .Mor McIIueh . j iii nfrtViahlv bp incor- ceiveu anu v j - - - . rui xraUn& ihanr. noratedinto law. The resolutions fol- "'"J ..-,-..., poratea into iaw. embezzlement. Wallace low: I . .i t aknriff Smith liiRt be. "Resolved. That we do hereby declare , T ' ' ncsoivtu. iu j McIIueh is missing. iu favor of the dispensary law, anu nope that it will be allowed to remain on the statute books of the State, and as a means to attain the desired end we re spectfully suggest the following changes: "1. That a license tax 01 f i,uuo De placed on all liquor-selling establish ments, local dispensaries included. A WINSTON WEDDING With Two Popular Young People as Con- . tractlng Parties. Special Despatch to The Morning Pot. Winston, N. C, Dec. 23. One of the' '2. That the price of liquors sold happiest and most imposing marital cer- throu-h local dispensaries be reduced. tal ceremonials ever ceieDraiea in ine "3 That the General Assembly ap- Twin-City was soiemnizeu m iu im propriate annually to each of the sev- teniary Methodist Church this after eralcountiesa sum of money equaling noon, when two of Winston's most pop the amount collected annually from the ular young people, Mr. Robert Baker dispensaries situate and doing business Crawford and Miss Hallie Gracia Cozart, in each of said several counties." were united in the holy bonds of matn- The imposition of such a tax would mony. ' ,.:,,.u..oi M,t. houses every- The doors of the church were thrown 1111 iuc ils.u..F..B-i . . m nt where except in Charleston and Colum- open at 4 o ciocs, anu vue iu.Ua8. . bia while the county dispensaries would people who filed in were greeted by a pay the tax with one hand, and take it scene which was indeed a marve of : .x. T ar rinnht Inveliness. Beside the special, wedding oacs: wuu me utu. j 1 , , ...i.fnr stand in the United decorations tne eiaooraic icWv.6-' the Sunday-school celebration were weu advanced, and added very much to the ... , v -i-t io.UI n U711 as cracefulness of A tourists' hotel privilege .nas . nviro. granted to the Grand Central tioiei. 01 me vjr -- whether it can Courts. Some Efforts of Competition. grameaiuiucvnuuuv. ' ' . ' il of the attendants were Columbia. The sub-dispensary has been ments. All of the a"en . opened, and all grades of liquor can be cousins o. iu- - that the original package stores 1 na n . Cor-rt. sister of the bride. j ii-ith r n r:iia.nire ui rJiiBo ' . - something 10 u , honor. Mr. icy. i m. nttr hoarus Ol -""'" iuc j , . 1 ,rr,u,m was 1 fr.r r-rinsLRUiea. Ill mm - . ., tinumg to app.j - , der two hoVereU wmeuoip., V" uspended from a love knot of white Board of Control. If tbV " ril.hon . while tbe marital rites were Judge Dcs glass hold that the except We real5 Jaircloth, when the propS? erein " Richard M. - Crawford, of Greensboro, brother of the best man. The briuai coupie 1: trr- 1 riiibon. 3 r ftnnntativuo i ' all granted, r r . performed to come in ai . ' . by Rev. A. Walker, .1.. ndfather of tbe bride, assistea oy force will be larger eT. Dr. Creasy, of Winston, Rev. L. days of Gov. Tillman or Gov. Lvan. Crawfrd, father of the groom who The latest ot me to a8sit ia the ceremony, was ae- beville county, where the aim at home ia Greensboro. The pression is that the law u .bnj t wa, attested by forced than in any county in the State, pop y of because of its being PPeU nt8 received. Mr. and Mrs.-Crw- nru of that county generally, tonight for a ten day's trip t6 . i.i: nnin on. " 1 . . . cause 01 pu- -i-- tnr.he td asks for a constable for the conn ty. j Washington and New York, f -- - 1 v- '$ I r t, 0
The Morning Post (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 24, 1897, edition 1
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