A-
Moms
.Post
" I
HE
NG
Vol. VII.
BALEIG-H, 1ST. TUESDAY, FEBRUARY 19,M901
No. 75
rnn Timrn mi 1 1 nn nn x a n n
Judg
Connor s Resolution of Disapproval
Defeated by Vote of 85 to 1 2. '
e
TRIAL IN THE SENATE
Seventy Out of 101 Democrats
Voted for Impeachment
M-amn'tw fnr ImnPflrhmPnt
ajOniy TOT impeatnmeni
OQ ThpTP WpTP Ifi Mpm-!vw
IIICIC IfCIC IU mem
1 D ' J ri P, '
DerS Paired Mr. traig'S
Eloquent Speech Conclud
ing the Argument
itiUreil aim lUlie UlU. not. voie. luc 1
i i i! i i. mi. t. i
publicans voted against impeachment
1 , ,
u-.thuut a break. ,
Ttie Connor resolution of disanoroval
- X.
The fourth day of the argument came
to .hi end yesterday afternoon. In all
loon. in au
wn itoiirp,-
been dei,vei -
ihiri y-ci'ht soeeches have
tne members ot tne Mouse. -ir.
Ihi'hs, the Republican
leader in the
U-.ii
made the . principal .speech
iitf;irnt impeachment, while Mr. ,v.rai
u; '-Buncombe, brought the argument , to
a dose in un eloqnerit effort in favor of
his resolution of impeachment.
Tin Mouse will probably name "today
, o.mmittee of live to .proceed to the
bar .l the Senate ud acquaint mat .
!v -; h the action 6- ihe Hou.. and ; -
nv n.ir.ee tnat ariicies or lnipeacuurcui
will !: preferred. -("hii'f
.lustiee.Furches and Judge Toug-
,.1S Will
not sit on tup o-eucn pcihuhk
... i i. .... . .j..-. . . -
Hit- tiial f the case in the Senate. rotU
jndfc.'s aurct d yesterday not To sit with
ilic evtirt umil the Senate makes known
i.s d 'cii.ii. A statement will probably
wp.-u ... ii- j.i.. .,!-.- B..i.-e
reasons t lierelor.
1.4 41 ..1 1..- .t-l..n . , . 1 .ri.. .i i- nrt -i ii r r li li i !
T ii- rrais resolution for the lmneaeh- ". ueu, xoug, iwasun, Jic-.the Slim-One Court -in Hoke Ars. Hender-: f ettus or Aiaoama xnen
,,t of Chief Justice Finches and ?raiu: Jntosh. ilcLean, orris'son, 15 N. C.. 1, and upheld by the Senate in opposition to the
.asn. uwen. i age, fatterson, jfayne, : presf ar court m oou vs. rseiiamy, iy .. . .
'!"I.-c I'ouirlas of the Supreme. Court, pctree, Reiuhardt, Sheets, Stevenson, 1 N- C., and State vs. Southern Railway, . 7
.h, HfKo v,a,r,iMv hv ,, v.-.r A Si nl,h wtt Wri.v.r '125 N. C. upholding Abbot vs. Referring to former Senator
' .... . o., ' ?' Those not votin? were Messrs. Allen Beddiugfieid, 15 N. C. 25ti. , - ..' reputed to be the author of
" - 1 : of Columbus. Bannerman. Bivens. 1 . 4. He cannot conclude that ance tne Subsidy bill. Mr. Pettus sa
The maioritv in favor of the resolu- i. i t ' i - ir -v - . justices nave ioiioweu -a long line oi .. . , , . . .
J ivxjiu Daughtridge. Ilartley, McNeill, Moore, aua,. k i.. tn nv distinguished ermonter h
iiwii ...... j.... r.vt " w . u ;uu aiiu liiiuui. . I
i , . T i r i i,i. t,,. . i Ijegislatnre has made no provision or .ten this bill '
fu st voted on. VI votps hoinir cast Robinson. -Mason and Duls. Stewart and .. . V-li. ,tM lul! um- V
' , ' ' .iMuruiii miiuu. tjaruer vs. n (mil. J--, I - r i . , , ,. . t .1,,, ui,
1 -s mu., -.1.-.. linker. - ' .1 4 jn Lt- 111 Mr. Pettus urgetF that the
111 lis lauir auil C- Uguiul. J.1IC lUIlfi - -.. ami ..iirnueii . nuiiu, lit), ill. nnt t 1 Tioil unt nltr
vr,. ss;,,,,,. .f w.it-A nn.i Af Teniae l' ..l.:., iTu:4. . .. i not to no paeu, not oniy
..men.iments were withdrawn and onlyyXvrZ. the millions it wouldraw fi
i.i votes were taken on the ?mneacli- i Mi- Sinuns saiil: U unMi9l iti.i i,t.!.iii9, indntftiT tnv ueasur, out aiso oetau! or
-.u:..u i !-,!' "I . stared, in mr remarks udot thisUnPci:il niul naninuliii-' mivnoxX T.;iws P'C3 involved. lie. niade a
ui.-iii piocveui... nuira uute ucoupwu r,w. T trin . -nmo : 0v;r - ,- "'"r T A-V i "' thtnai argument against the
h. nrt, u! urn of the 11 on so for four rfnvs ..; ,;h4. i, i-a k Mo Hn,ma -t i and likened the benenciarre
. .. . ... ...i. ir. I-....:.. ...'inaiier
U was i:t? p. , Mm-t, v... ua-, x ,
V.
oi. iuti.e. uie atitnor or me impeacn-
nit'iii resolution, cauea tne preMoiis quo-,
U'Ul.
Mr. Blythe of Henderson. Republican,
tiien scut forward a jtrotet iu. writing.
Its; vinir given notice that he wanted it
m gui. on record. A motion was made
lii.t! th pro;est be referred to the Com
mute..' on little.-, before it go on record.
Mr.-Blyihe objected, contending that he
1i:nl tile ( 'oitsiitutional right as a meiii-
i "r .-.f the House to have the protest j
!'re;id oh the records. The motion to re
fir to th,.. Committee on Rules prevailed.
Mr. Alien of Wayne, the chairman of
l';'" -Ijiiliciary Committee, having the r?--"'.'.'.tioii
in charge, st.vted that an agree
imuit had been reached as to the proced
ure of v.iiintr. He said it hail been
"speed that Jiidtre Connor's resolution
"f disaiiproval should be voted on first,
Mr. Wliitak-nr of Cuilford. iiaving with
Ir.T'vii liis aniendmeut and the amend
lu.'iit by himself (Mr. Allen) having also
'''-en .withdrawn.
Ir. ''oiiiior ei' Wilson' said Mr. Allen's
'ate:,ic;ir w.is correct. The clerk then
i.id Mr. Connor's resolution of dis
''l'iT'ivui. which was offered as a ub-
il't1 LTl Mtlfllitin ii-oi'i. iioliil
Th following is the vote on the Con
ii"r resolution:
.y( Connor. "Fields, Gaither. Iong,
I Mi-l.t-nit. .Morris, Nash, Ilcinhardt,
'"'ii, . 1 iioiiipsoii, Wnite of Halifax,
"iih.r.. f
N'.,. Messrs. Alexander, Allen of
"i.vii.'. Ardrey. Ilarco. Barnhill, B?as-r-v.
I.'edditigtield. Benbow. Blaloek,
1!!"ntfT. I.lythe. Bradsher, Brim, Burli
i,"l. r.iinirtt. Caloway. Carr, Carraway,
1 fln, Carson, c oleman.- Collins, Craig,
"''is. x;i':iels of Warren. Dean, Dees,
"iincnii. :i,i)s- (jam.tt ;attis. Graham,
Ur.U, Harris. Hayes. Hoey, Is-
'il. .It-lil-i'.is: 1 ,..,i, . ..,i-,.4!..4,4i T Ittla
W . " 11UUV , 4 1.1 11 1 1 11 1. 1 , 4111 111..
-ayK,.; Mann, Mastin. Mauney.
-iH'-' ii. McFarlaud. Mcintosh, .M(
lvn: .r.)i"'an. iloi-nhew.- Xiehols IXichol-
r'. Oliver. Owen. Owens. Page, Parker,
"uers..ii. Payne. Pearce. Petree. Rol-
on. Kobinson, Boss, Rothrock. Rus
; iseawell, Shaunonhouse, Sheets.
llillt Q . Soaiiihonv Ktnvuncin SJtnVie
11. . . . . . , 1 1UJVU IJLUUkl.-.
watts, Weaver, Welch, Whita-
re. Forsyth, White of Jones, Wilsoa.
Winstui,. Yarborough. Zachary. - "
VhitarrA ;,r"1!'-TTrf nn"
. ; r- " r,Sht ana Hood, Ellen and
'-"av'Noij. Mason and Duls.
BT P i "-'ii:al resolntioa of impeachment
, J'l'i'i-i., i,y Ci iii;; then came up
'' J;:,-'-'e. A roll- c all vote resulted
' 1- in .,ii. . r ii i..i:....
I Tlil
..i i,n,,,uii ui mr it?jiui.i")U
I "" ... m, . ,:..! 'i-i. . ..
. in- result
was an-
The ' resolution
" i-ivcit
a majority of 20 voles. Four
non t. - ..... .
'"' 1 'eillocvol a i-oi44l i r.i In-.- it.- .. 1
- lo" .'. tin. original resolution ot im-!0f sai,i ..ft entitled 'Ta provide for the
i: "i'-ii'ii. ;k. a call for an aye and nay j general suierviion of "the shellfish tindus
vnr.. i,v r -rniii-ir was sustained. ! tl.v f,j the State of Noi'th Carolina,' and
ID' Vote ll'i fm- n ml Xt juriiinsif. I :4.- i u.,.i. ) . 1 Bi "
.... - " . - - - - - i ;, hi .,i i ; , rrn i ,. i .
ImnkJno. n f o- tw,.',, u)TaW resolution, wli'icu was introduced
making a total of '- Democrats who v.A. 'f TTomiaMmn t eie-nl
were against impeaening.
..wv, wi.AU(, av luiprntumrm f itf ;
Messrs. Alexander. Allen of Wayne,
Ardrey, Bareo. , Bafnhill, Beasley, Bed
dingfield, Blaloek, Blount, Bradsher.
Carr, Carraway, Carlton. Craig, Curtis,
rett Gattis (,raham. Green Hall, Har-
ns, Ilayes, Hoey, Jenkins, Lane, Law-;
''?nce' Llle, .Maclvethan, . Mann,
Mauney, McCulloch, Mclver. Mor-
gan, Morphew, Nichols. Nicholson, Oli -
Owens, Pearce, Robinson, Ross,
,Rotchrockf RUSSelV Seawell, Shannon-;
uoue neuon. oimms, amitn, - Spain-
hour, Taylor, Thompson, Welch. Athita-
L1L .1, C .
uer of Forsyth, White of Halifax,
White of Jones, Willard, Wilson. Win-
f ston, Zachary. .
Thqse voting against impeachment
wore: . ;'-'
Messrs. Benbow, Blythe, Brim, Bur-
' ;;,.lwrr " V UIBU"' UIHthe salary being contimied. was in ac -
ium, Collins, . Connor. Dean. l)uncan.',.,.ja c
. . - .
T.l 11 T . r
. V..
itur- ji,rin irmuu ui lyric paiicu weir
Messrs. Brittain and hBaldwiu, Pearson;
iaud Whitaker of Guilford. Ronntree and.
Yarborough. Wright, and Hood, . Ellen
.,ii if .iio, i.n;0u Von,. .j
II. 1 1 VI I.UAS UJW Ua A ' Ull- - WA. MUU
7 : :
- tlipil. rUVufi,,u Therefore
' ,-;!. ..nfi.,i,n,.0 :t k -nrf'nTr.f t-tio 1 c n i- Subsidy bill to two attorneys: v
1 illlli'P 1131.1 lli 1VPMX1--'1 rniir llll Kl imifH fr.im.l t-li.. .innmivf f.. l. i.nml tfi J
have thought all the while that they'fore aiothing more than a ''ministerial
nave tnougnt an tne wnne mat tney
oriffht t o be impeached nuless this House 1
V(m(1 pnrsne niiklr wurKe. - For ucl,
a linider course l pieauea anu voieu
Ir1i in the committee room and upon i
th: floor. But no milder -"course can
! mi-re- i ... iiiifciicui lkfiiiiiit:A vnli hnvp vn'fpii 1 t Tl.ni .,.li...n lal.An V.. ftin G,l '
.l.,,.-,. im.1t .o.-y.in'inn. toj- Tiiii.i t..j!..: r -i. "i, Jlr. 1 ettus, will never be in danger
'.,ii,.. it Rr Uiii ..a,t r,,tn itinrofn-n i....,. !i.4 . tne poornouse. , (UaugiiteiM lie
1 1 am forced to declare mv nrefeience ti.. n,l n -t,! l.x- th ntlolnon nf Mr- 1 ritchard for making a speech
ii;,.i...... ni.iitiif.nf . an.t An f mi 4: loin 4-444 ! u.. c.u T...H .s t, , a,- lavor of the bill, ami sair that n;
i.iV ..... 41 i..4, t iioimm ... ,.,4. v 4i. ; j.... ....i ..1. ttie nrit time iu the uisturv.-or
; ..-11 1 u tr mil ui iui.- uuuni. '"-" - , HTJUgfS I tllilL LHC lijuilU'lt.i.et; CUllU Uif 4.. ,vi:,, .l.i ,.aaSha.
fas I said, that the: conduct t these tain Is.' althomsh uncontradicted and M"a. that one of herepSentat
- - S VI i " ih,. "Jl""" r.
T ' Iiir ri )
ufc " . f. 7 . ."wwl,1.'f u
""i. nj iui iiiai. u w: ut. i.uiuiivu
nowf is by the adoption of thi resolu-1
tion. of impeachment. If'I rote" 'No'
j.Mshment of
..
f these judjre, This l wJj uot (l
rrll - ,-tu tna
iijiptiH - huieiiT. but
X - inipeachmeot rather ;
1st and do vote 'Aye. j
than silence. I mil:
3Ir. illard'said 3Ir; Simms' position
was similar to that he had tak-n. He
said he could not consent to a white
wash of the court. .
THE CK.4IG HKSOITION
The First .TIoto for Impeachment as It
Passed ihe Home
Whereas. Tit? Constitution of North
Carolina. Ai t. IV... ?e; ih declares: "The
Supreme; Court shall have original juris
diction to hear all claims against the
State, but its decisions shall merely
reeoiHimMiil.it wv no urocess in the nature
cf execution shall issue: thev sha-il
report d to the next session of the C-en-eral
Assembly for its action."
,nd wliereas. The Genera T Assembly
of Noi'i h 'Carolina, at its session of 1890,
did enact chapter '21. Public Laws; sec
tion '1: "The .Treasurer of 'the State of
North Carolina shall not pay any eoni
p?nsa'tion to any person or persons' claim
ing the same for servi tea rendered con
cerning the shellfish industry, unless such
liaison or persons an? authorized to ren
der such services under the provisions
And whereat, TheophiJds V hite
brought an action of mandamus against
Hal W. Ayer. Auditor. - and W. II.
Worth. Treasurer, to comoel them to
issue a warrant for his salary for ser
vices rendered ; concerning the shellfish i
industry. .
And whereas. David M. Furelres. Chief
.lustice of North Carolina, and Robert
M. Douglas. Associate Justnce of the
Supreme Courtr acting as judges of the
Supreme Court of North Carolina, diid,
ou the 17th day of October, 1809, under
the color of the power -and authority
aforesaid, in them as such judges, cause
'to issue from vihe Supreme Count the
following order: ...'. ' ; ' ' -
'Now, therefore, you (nieaning the
Treasurer aforesaid) are commanded ab
solutely ant peremptorily, without delay,
to pay the warrants issued as aforesaid
by the State Auditor on you as Treas
urer -in favor of the plaintiff, and that
in all' things yoii comply with and obey
th? mandates and, requirements of this
writ, and that herein you fail not": the
following copy of which writ is hereto
attached. . ,r t
And whereais, J he said Writ was an
I'snrpation, issued j
astw?.bnv -
issued jiv 'violation of .tie
denance of the stat-
Assemblr
wt'i - t. the SaidHal W, Ayer, Auditor of
,-tn. ' State. did; draw ; hi warrant unou
Ihj treasury, and the said W. H. Worth.
Ti .asurer -a fores aid, d id pa y the said
t'x.fiu f Vorth Carolina:
rlM. nHtim. 4-1 1 -tllA. tia-wl AV TT
im, tiiai mr viji-4 ,
11'...!.. mA TTrtl W.'ATW 1m cnm(tniiipil
I:.- .; Tul ...T n7- ,T,' ; CX;",' "U::"l ".iX,.:1!:. the-Senate committee, the bin.
K4.o.4. tl,.o 5 l,4i n.ii.-n.n.in.iiin,. Ui. n - t." ui..-,. r n- i7.v,i.VT- . 5 i-4,rfUS.oss. Mr. Wolcott bnet!
lZZ:r. Vr . ..r" - .;t V,"-Aluur-,rur-.V-iplaIned the bill, and it was them
iiwit- .1- j... nu.i iiuin v.i..ii 4 ... .mr aoaim. v . .u. nums, rv. .3 . r eirec, I . tVkiv,, tlui in.,!ifii .imuiJmont
Li,.;,,., 4.ii n,., t T.-..0 inn.i;n t - inn: ii j . " oeii the committee amendment
i.i.ii,. i ,-iiu,u.i ic.i n.. iiii-iiiin . .i. v.'uisuu. nu. iui ii. v inam aj , ...:.;,, -u"i (uut .,. 1,,.
1" "ll t-lljil" "1 'VI'- 'iw 141TT n. linn- , 11. 1. 1 uc, .)UUU UUlUeil. II, 1'. lenil. .U . ... 41 .J 1 4.1...
4.-.14.K 4, -..,. .!... of tlvio iviii:.,. u ii.,i.,ii. T 'n ; uir iiauirui ii ivm;ui uxau- Ul iuw
.-u. ii a i(i,iiiittit..iu l.i i n i . llilllillll .11.,. .ULlllL'U, i, VvOlillil II, .
ccn'trarv to the Ooirttitution and laws ' The Supreme Court, of .North C.frol.a than the original ettenst
VnrVh Carolina 'as aforesaid: Now. ' .-.. it.. 4. -Ac i'..l.inso-.r vx. ItitrRolJ - A -Mi'. Sewell, who presen
i.-...,:i,,.a u- litii I m : s t n n-f xx.-i it, nm rniifrs its luucuieuL ...iccoruiuKiy-.
1.1 111114 " . - . -lit 1 ll.T.1- Wl " . - . . . ,
-ti'io-uf,. lio it , , i : I.... : .i uni-ii n'iii.lni.nii.., mud that, the provision A
v. "41.4, iTiitiuii f T...4it.,.i 4innu.j. 's" - . " "rv-' -" " ' ;;.: -4,- snatc an
Uiifr the rebuke of the people of North
Carolina.
. 2. That the action of the said - judges
of.. the Supreme Court is hereby de
dared to be in violation of the spirit and
letter of the .Constitution and in defiance
of the plain statutory law of the State,
a usurpation of power subversive of
the rights and iwwers of 'the legislative
department -of government.
-'
THE J1EPI BL1CAN PROTEST
Record wblclt Mr. Bljlhe WtaU
- Spread on th Record
The protest against the passage of the
IbV the Republican and Populist, mem-
iers or tne liouso, ana is as ioiiuws;
To the Honorable Speaker and Gentle
men of the General Assembly:
We, the undersigned, respectfully re-
jnues't to enter this our protest against
Associate Justice Robert M. ' Douglas,
and. ask that, same be m-inted in -the
journal of this House, viz.: '
1. It is the province of the Legislature
; to enact laws, and the province of the
'courts to interpret, construe nd apply
the laws. Robinson vs. BarfieJd, 6 N. C.,
W. etc
2. The power to interpret, construe and
aonlv the laws is conferred' bv the Con
stitution; therefore any act of the' Legis-1
latnre attempting to prevent the courts
performing this function is void,
3. The decision in the case of White vs.
Hill. 125 -N. C, giving White the re-
mainder of a term of office for which
ne naa neen appointed, xne auties ana
v v'l ii i n Jin i iti uiiuiiihi'u-i a'i 1 1 1 11 i.
.
respect acted corrupt
j. mat tne proceeuiug against xu-e
Auditor is not in our opinion a claim
against the State within the prohibition
of 4ne court. A claim of this, kind is
one against the State for which the
1 i
I Anf lornt-a
r,Zi w Tro.... tw.
fore jiothing more than a miuis'tei'ial
dtv is left to l)e performed bv the '
Auditor and Treasurer. Cotton vs Ellis. -
-Aroiii'e 1
.,2, a4.(, and Marlmrv vs.
Crunch. C4, etc.: Bailey vs
(J X.' C, 472, etc.
ValUwe11'
Tr: " ,T4:?"
-arrnui mwum iu auupunjs uny resu-
jitudii t iriwure- or jmiR-ucumcm.
For Uw reasons set. forth, we deliber
lately
".lJlI!8 0:
!
t
ft Til..,.. Tl' . .. , .. I 1) T t T. 4--V
,ti?I,1,Tn, aV ,n .B'Ise 0'
; t f nin v - Coii I' wrlr'
in 1. K. Owen, N. (,. Duncan, .1. E. Burh-.j,,
son
FOIRTH DAY OF SPEAKING
V '
yir. Ebbs, Republican, Opened Asalnst
Impeachment Resolution
The fourth day of the consider .ltlon
of the resolution for impeachment wa-i
one oT activity in the House of Repre-
... x- , , i . v ,
sentatives ,o such number-
have knocked for admission in thie Hall
of the House for years. There was
a stretch of fair faces in the gallery
from, wall to wall. On the lower floor
m " j 1 - T T " 1- - ivl ' 1
OI lne iluuse- wuere mere was avnna- ;
ble space people crowded to hear tne
debate that will be historic. !
The "iisual morning business 'had not! son and Cullom in favor of the aniend
boen transacted when the hour of ihe menr- and by Mr Vllisou against it. Fi-
special ordor arrived. Speaker; Moo.-e,
who was again iu the chair of the presid
ing officer after an absence of pevtral
lays, called up the resolution of im
Ieachment as unfinished business at 10
a. in- Vif
Mr. Ebbs of Madison, the Republican
leader on the floor of the House was
recognized and began to speak. . Jle re-f
f erred to the importance of the im
peachment proceedings, not only to the
State and the people, but also to the
judges themselves. He said since early
lioyhood he had been taught to respect
the judiciary and that that respect still
lived..
It is unprecendented, he said.? for th?
legislative department of the government
to infringe upon the functions' of the
judiciary, , and to attempt to declare
whati'is the law and what is" not.
The legislative, executive and supreme
Judicial powers of the government ought
to be forever separate and distinct from
each other., 5 - ,
This clearly shows that the judicial
department Of the government is not
subject to arbitrary instructions of. the
legislative department, and it seems that
a legislative body of average intelli
gence should know that the court, if it
did not resent, would at least ignore an
effort, on the part of the Legislature
to instruct the court as to how it Should
construe a statute. , ' ::f? "';
fn this country, where the legislative
and judicial departments are entirely
distinct, neither . one is ever permitted
f intrench upon the authority and do-:
maia of the other. . (. J '
The court nevcr looks at the declara
tion that -a Legislature makes, ut It
lUs at the , substance 'of whati . do. 8-
on the tnirt of the iegisiainnv-HiHi in
u" . u,v - " ... . .- . ..
the decision said that tne court wo.ua
. . -:
(gontinued on Fifth Page..:
, - . . I ...- 4. ....II ....
Senator Pettus Scores the
Beneficiaries
NOT THE POOR HOUSE
But "Rubbing 'Against Peni
tentiary Walls" Question
of Postofflce Appropriation.
Senate Whirl of Yesterday
" Washington, Feb. 18 Only a few Sen-
'ators being dn the chamber " when the
Vnut convened stodnv Air Petti crew
nflte convened today, .ur. l-eriigrew
'suggested th? absence of a quorum,
Forty-five Senators, a quorum, re-
tmorided
- "- . t. Ar
In pursuance of previous notice, Mr.
i -
I w . ... T
addressed tbo
Shijvsubsidy
Edmunds,
the original
id that the
ad demon-
around the
truth.
He thought the provisions of
th mea.sure justified him in saying that
J . Z w
Edmunds, as a Senator of the
Lnited States, could never have writ-
bill ought
because of
om the
the princi-
constitu-
measure,
s under the
rho once
nniJitinnnlilfi
nitthols a noted case involving a large
amount of cotton. As the two were di-
" , r r Yiu-in JvT,i V 1
U(ll I?,the ?';KM)JKe "e the1m "
T' "V 1"
re-
of going to the poorhouse, luit Jire we not
.penitentiary?" .
"lite twuencjaries of this bill, --said
of
scored
in
was
North
ives
Lad surrendered her rirh
At. the conclusion of 'Mr. Pectus' speech
the I'ostoflice Appropriation bill was
taken up, oa motion of Mr. ' Wolcott,
i 4.1. 4. l. 'V;.!.. . r-.4
ottJces and Tost Roads. As reported by
carried
ly ex-
read.
:nppro-
ex tension of
pneu
main lUUr SLC14JL tma. 411'CKl-l
Woicott said that- the provb
Practically the same as that
tiu,-,'st ssioit of Congres
matic tube system .wasiu'eaclied, Mr.
lsion was
proposed
ess, excent
that it provided for the continuation of
contracts for pneumatic tube ' service,
which, by limitation, expire on July 1.
Personally he was opposed to the pro
vision and he asked therefore that one
of the advocates of the provision take
charge of it.
-VlHson made a point of order
against the provision that it was general
j ,5f,ari,0 'PPW"' t'f- .
1 he chair (Mr. Bevendge) held that the
point of order was well taken, but. pend-
nK .;l discussion of the question, it was
passed 'over temporarily,
j ' The paragraph relating to pneumatic
j tube service and repealing all provisions
l4i 1 li". 1Jt4.?. t .j.. 4i ..
cm - law promoiung auaitionai contracts
for such service was argued at consid-
crable length by Senators Chandler, Ma-
n.illj" it went over till tomorrow without
action.
Mr. Sutler moved an amendment re
ducing the appropriation for railroad
transportation from $34,700,000 to
000.000. and directing the postmaster
general to. readjust the compensation
by. reduncing it lire per cent per annum
and to make further reduction on a cer
tain basis, the aggregate reduction be
ing; about nine per cent. ,
Jn the course of a long speech in whidi
Mr. Butler criticised .the action of: tile
Post Office Committee, he called for
the reading o some sixteen pages of
the majority report. He was remon
strated with by Mr.. 'Wolcott and :Ur.
Chandler, for such waste of time of the
Senate; and he compromised by calling
for the reading of a smaller portion of
the minority report, which he said bore
out practically everything that he had
contended for in his efforts to reduce
railway mail pay.
- While the report was being read the
absence of a quorum ,was suggested by
Mr. Pettigrew, who -said that the dis
puted paragraph contained a bigger. sub
sidy" than the Ship-subsidy bill. A quo
runv of Senators having responded the
reading was proceeded with.
The .bill was then laid aside without
aeti6n, and the House bill for the St.
Louis exposition-was laid before the
Senate and referred to the Committee
on- Appropriations. The conference re
port on the Military Academy r appro
priation bill was presented.
Mr. Daniel condemned the provision
disfranchising a cad', t who may be dis
missed for hazing -from ever holding a
commission in the arnvy of the United
tates, ..
.
ited the report.
ras m tlie bill
id that tln.ro-
-ci. i'o- -v.
.. ... . 4.rt.in 1..-.TT1 ill 1 t"T no Trac n. li
lore im: '"- . .-.o Uk
resnonsfble for it..
.' Ur. Daniel said he would not vote for"
any bill having such a provision in it."-
The conference report went over,. and
the Senate at 5:55 went into executive
session 'and afterwtirds adjourned .
Bank Robbed of $5,000
Tesarkana,;Tei:i Feb. lS.-ffhe bank
of Omaha,. At Qinaha. Texas, thirty
miles south of ,heie, has been robbed , of
?3,000" in cash and of paper amodnting
to $2,000. The robbers made "their es
cape on a hand-car.1 The lone occupant
of the bank was decoyed from town by
a bogus telegram and remained away
from Qmaha on the night of the robbery.
- . . ,
"Mother" Jones to Help
Scrantonl Pa., Feb. 18. "Mother"
Mary Jones, the woman leader of the
United Mine .Workers, reached Scranton
at noon today, comihg from Arnot, Tio
ga. couhty,,Pa., to take part in the strike
of. the silk workers which has, involved
every mill in the Lackawanna nhd Wy
oming valleys and by reason vof which
there are now nearly 0,000 girls idle,
4,000 of them in Scranton. ;
- ' .. 4. "
Found Dead in Bead
Asheville, N. C., Feb. 18 Special.
George ,W. Young, deputy clerk of the
Superior Court, of Buncombe county,
was found dead in his bed her this
morning. The coroner found the'eause
of his death to have been heart disease,
and thinks death occurred about mid
night Sunday, xouay was nis outn Dirtn
day. The funeral will be held Tuesday
afternoon at 4 o'clock at Swanandia Sta-
tion.
THE INAUGURAL
" PROGRAMME
A Detail Statement of the Ar-
. V,
Washington, Feb. 18. The offlciafpro:
gram of the proceedings at? the' capitol
in connection with the inaugural cere
monies on March 4 has been completed.
This program is the positive dictum in
regard to the ceremonies, and declares
the lexac-t moment at which each of the
legislative, executive , arid judicial bodies
shall enter the Senate chamber to w
ness the administra tion of the oath of
otlice to the ice-President-elect ho
shall be. .adnri tied to the floor, who to
the galleries and to the stands on the
east frmit of the1 capitoL ' Its mandates
are imperative, and will not be departed
from."- ' ' ' '' --.-'--'
"The.Prestdent-will be escorted to the
capitol by the commitree Of arrange
men ts," says the program. As the Presi
dent is also the President-leet, it fol
lows that Senator Hanna and one or
more inciubers of hi committee will
have .thi honor. ,
The presidential party will go to the
President's room at the Senate and there
remain until " .escorted -. to the Senate
chamber and introduced to the committee
of arrangements. , The President will
occupy a seat in front , of that of the
Vice-President. Other -members of the
committee of arrangements will escort
the Vice-President-elect4, to the capitol,
and later to the Senate ehamber, where
the oath of office will be administered
by the president of the Senate pro tem
pore, alter prayer by' the chaplain.
The Senate will ' then adjourn and
the rresident-eleet, the Yic President,
the Justice .of the qUn-eme Cortrt, the
members of the Senate and the i-epre-sentatives
in Cofigress, ; with the diplo
matic representatives of foreign coun
tries, will proceed "to the platform erected
mi the east front of the capitol. The
President.' will, there take the seat re
served for him, the Chief Justice on his
right, and the ,-Sergeantat-Arms of the
Senata on- his loft. The committee of
arrangement, will occupy seats next to
and behind the President. The program
details where ex-presideuts. - ex-vice-:
presidents, etc.. shall be seated. When
all are .assembled Chief Justice Fuller
will, administer the oath of office to
the President, who will immediately
thereafter dcMver his inaugural address.
-, The program- states that tickets to the
platforms--north 'and south of. the center
platform will not admit their holders to
the capitol. Members-elect will receive
cards of identification from -the clerk
of the House and are requested to -accompany
members of the present House.
They will enter the Senate wing of the
capitol, as will all members and officials
of the House entitled 10 admission by a
door leading into the rotunda from, the
House 'wing-. ? The- doors of the Senate
will be onened sit 11 o'clock. The Su
preme Court, headed ly its officers, will
enter the Senate chamber at 11:45
o'clock. The House of . Representative;.,
headed bv. its officers, will enter the
Senate chain her at 11.30 o'clock. The
two easterir dfu-s bf . tlve Senate wing
will be open at 10 o'clock to those holding
cards -'entitling 'them to admission.
Among the provisions governing admis
sion to the galleries it Is announced that
the committee of arrangements is deter
mined that tickets .issued to the galleries
shall not exceed their capacity, and
therefore-but four tickets will be allotted
to each Senator and Senator-elect, and
but two to Representn fives, delegates and
eiM.t,;veilncers of the House. All the
tickets to the 'galleries and cards of
admission to the floor of the Senate
will entitle tlie holders to places on the
inaugural platform. The program is
ca Iculated to secure order and freedom
from rush ot crowding at the inaugural
ceremdaies And its yules, it is announced,
will be rigidly enforced. . . .
Many tUoasandf. will be in line an the
inaugural- parade. - Some time -ago jin
invitation was -extended to eollege stu
dents of the leading universities-of the.
nation to be present-aid many student
bodies will accept. In addition, mihtia
from a number, of States w5U be Diss
ent Iu the way of civic organizations,
fifty-four clubs -of 5.004 men and thirty
seven bands will be here. The commit
tee oh military wganpation reported
that lti.OOU soldiers, will be in Iwe.
ti.41. ..mnttteft on invitations and tick
ets tatetW 12,O0pr WM, tickets, 6,000
supper tickets and .,000 concert tickets
have been delirered.. . The remainder
will h9 deHvered-withm a few days.
HIM
Liquor Selling Prohibited in
Another County
THE JIM GROW LAW
Bill Affecting Homesteaders
"Jointures' After Divorce.
Time of Fall Term Supreme
Court Changed Details -
'The-Senate did a lot of sdlid work
yesterday, and( when it adjourned the
calendar had been cleared.
Several measures of "importance were
among the number, as will be seen by
the proceedings in detail below, y.
The sale or manufacture of spirituous!
liquors was prohibited in another coun
ty -this time Sampson county after the
bill liad been amended so. as to exempt
from its provisions cider and wine made
from the berries or fruit grown by the
manufacturer. - Last week Madlson 'c'otni;
ty was made a prohibition county by the
passage of a similar law, except ' the
exemption's above recorded were not
made in that case.
Senators Curnie, (Dem.) and" Robeson
(Rep.), who represent ' .the district of
which Sampson county forms a part,'
both supported the bill. ( - r
Mr. Currie stated that he felt In duty
bound to do so, because petitions had
been sent here asking for it, signed by
three-fourths of the voters of the county,
and that he had" told his people that if
two-thirds of the white voters asked it
he would favor the measure.!
He added that Chairman Kerr of the
Democratic county committee had op
posed the bill before the Senate commit
tee, and that it had bee n said dt was
an undemocratic measure. But he
thought it would be' undemocratic . to
ignore or refuse the petitions or so large
a majority of the people directly af-
It was true that some 'had stated to
him -that, thev siened the. Detition only;
because their wives r other vfemale inem-,
bers oftheir famihe asked-them to do
so buthe could not4 allow himself ..to
be placed in ifalse posttlTm-by tuch ac
tion as that. lie wonhr not be influ
enced against the bill by such "explana-i
lions."- Viae sign stores were mere, ana
had not -been withdrawn and he, would
be governed by that expression of the
will of a large majority or tne wmie
people of the county. There were 00
signers against prohibition, y . . " .
Mr. Robeson of Sampson arose and
s-iiuply stated that he favored the meas--
ure. - ' ' - r- '
.Snfltor McKeill exDlaihed that while
he voted against tlie bill in committee,
chiefly because the county chairman of
the Democratic committee opposea ii,
he would now vote for tne bur because
both Senators from that, district favored
it. The bill was then passed with only
a few dissenting votes.
The small railroads, chiefly in the east
ern portion of the State,, which Senator
Ward claims have been - dodging the
separate coach (or 'jim crow") law, were
caught up with yesterday.- .' n , - v
. 1 . 1 . i L 4 ll. .
at least tnat was Tne miens,- oi iue
bill changing the words "passenger
trains ' to "trains carrying passengers 'iu
the act. '''.-' " ' - ' '
Senator Ward stated that these small
roads would --frequently hitch oi a box
car "with a few pounds of freight there
in" and call the train a 'mixed, train,'
and so attach no separate coach for
negro passengers. Under .'1hj. bill .they
will not be allowed to do this: but if
there are passengers hauled, by the train
at all. a separate comp."tment or coach
must be provided for the darkies.
.Tii a t.mA of besrinninz the fall term
of .the Supreme Court was changed by
the passage ot S. a. o-.(U, amending sec
tion 95..! of the Joue. . -
Th new date will be the fourth .Mon
day in August, and the change is due
to'the anei-ease of judicial districts from
twelve to sixteen. : - . . , -
Rrnnsw ek county was audea-To tue
Msr of Vastern counties which shall elect
countv comnnissioners by .the justices of
tha npace. But the oresent, incumbents
are not to be affected by the bill passed
vesterday. " ? . ; ' . -
Another good bill passed was the one
(already passed by the House) requiring
the private execution of criminals sen
tenced to death. This will do aw with
all "public hangings" an North Carolina
he.-caftor. - -"T ..,-.,.
The State Board of Embalming bill
did;ifc'get through yesterday. 'Some Sen
ators desired to examine .into t more
closely, and it went over till today, i
Two bills of importance which came
up in. the Senate yesterday were not
finally disposed of. . j' : - '' -- -: - :
One of "these, "to. sever the, property
of husband and wife held in jointure;
upon divorce being' granted," wit over
till today (Tuesday), when it will come
im An lie final reading. 4. L T . -;
The other, ''amending cWaptw 501-of J
the Code concerning tne Btaiu&rpi wmi
tatioo's, in reference to judgineirta fgalnst
the owner of a. homestead, " wn made
the special order fop Thursday. n$t at
12 o'clock. ;-
The text of these bills js as foHwr; v
"An Act to Sever the Property of Hus
- band and Wife held in Jojntare Upon
' Divorce. ' " .'' r- ' '
"Section 1. That in . d caes wjere
suits have been or. i t- en f ter may be
brought by either hub tud for divorce,
and it shall be made appear by either
the complaint or answer -that, the hus
band and wife are seized :ot lands, ten
mentsnd hereditaments u joint ten
ants or in jointure as in cases irhere
lands1 have - been conveyed to a man
and his wife either' by deed or devise,
it shall . be competent nd proper . for
the court- to decree in. the evnt a di
vorce shall be granted, as a part of the
decree of divorce, that said husbtftd and
wife shall- thereafter be seized, of said
lands, tenements and hereditaments as.'
tenants iu commonr nd that the rights!
of survivorship . shall be .destroyed.
"?r"Sec,.2. That in all cases where hus
band and wife have heretofore been I
divorced and they shall 'be seized of
lanti as set. forth in Section 1, it halli
be competent for either party to bring,
suit for partition of. said lands, and fori
the court to grant decree adjudging
said parties to hold said land as .tenants:
in common, and to order partition if
the same shall lne made to appear reason
able and just."
Following are the bill of Senator Hen
derson and the substitute of Senator'
Vann: '
".in .ct to Amend Sub-section 4, Chan
ter 501,-of the Code, Concerning the
Statute of Limitations, in Referene'
to Judgments Against the Owner of a'
Homestead.
"Section 1. That sub-section. 4 of chapV
ter 501 of the Code be amended by add-i
ing the following: 'And -the lien of a judg
ment against a homestead or any right '
thereto or interest therein, whether the,
homestead exemption shall have been
allotted or not, shall continue in force
until the determination of such home
stead right" or interest; and until . the
homestead exemption expires, notwith
standing the homesteader or the home
steader and his wife may have conveyed
the real.-;,- included in the homestead ex
emption iu the manner authorized by
law.'." . -v- - - .
To the above bill of Mr. Hendersou
Mr. Vann offered the following substi
tute: "An Act to Amend Section i, Chapte
359, Acts 1885.
"Section 1 . That section 1 of chapfa
359, Acts 1885. be amended by striking
out all of said section after the word
ii.le.t-. .sr. hi third line from end of 'saicj
svvi on. and inserting m lieu thereof tha
j v
ds 'provided the said homestead shall
- 1 . . .I .-44. 1
: I..- at'iuany . assignea ana set parj to
' 1 1 1 . . iij rvninw v-l V.I4-4vh - . . liAmnlAnilA.
i iiv juuguivJit ucuivl , vi ; vivmricauri
within ten years from the docketing of
such judgment; provided further, that
the owners of judgment docketed sinca
March 11, 18S5, shall have two years
from the ratification of this ct within
which to assign and set apart the home
steads under such judgments. " '
PROCEEDINGS IN DETAIL '
i
Senate called to order by Lieutenant
Governor Turner and session opened with
prayer by Senator Broughton. Jom-nal
of Saturday approved without being
read. ' ' .. -
Reports from various standing com
mittees sent forward ancfbills placed on
Tuesday's calendar. ;
Bills Ratified :
The president announced the ratifica
tion of large number of bills many
bills that had passed their final readings
having accumulated during the ono
week's absence of the presiding officer..
Among the bills ratified were the fol
lowing acts of general interest: Amemi
ine the Craig law. with reference. -to
ninsuranoe companies; to validate certain
probates of. corporate agreement; 'to. se
cure the free passage of fish in the yaiv
iear i-iver; amendatory of the -Code m
regard to executors and admlnistratoijs
oC deceased mortgagees; resolution ot!
request" of 'North Carolina- 4?ongreasniei
irf regard to the -purchase ofLMotn,. farm
at 1'orkf o Wn - a nd preserve . the' "sarnie:
enabling Forsyth county to fund its pub
lic debt; to enable persons onoe insah
to . manage their own property; and seu
sani' x. desired, a f ter :.recovery; author
izintJ Governor to fill vacancies t.
the Corporation. Commission; .to enable! -Halifax
and Beaufort counties to levy
special taxes: requiring erection of pub
lic signs along public roads in Forsyth
county; to increase number or superior,
Court judges and judicial districts, etc.,
together with a large number of local
and minor bills. - "
A Messrs. Dula and Michael arose to cor
rect two bills that had already been en
rolled and ratified, but the ; chair held
that the remedy was through a new bill
amending the .former bills. ' 1
Petition Presented . f
Petitions were presented as follows:
By. Mr. Dula -J From W. H. H. Cobles,
and other citizens of Wilkes county in
reference to a law regarding fishing and
hunting in that county. ' - - -; .
By Mr. Warren: From citizens of
Jones county, in regard to stock law in
certain townships of that county. Also
from citizens asking for' the establish
ment of a liquor dispensary at Trenton,
Jones county. Also from? citizens of
New Bern, with regard to fishing, and
shooting from bridges across the.Neusar
and Trent rivers. v
- By Mr. Thomas: From citizens asking
the incorporation of Boston iSchoolhousaj
iu Davidson county. ( ,v
New Bills Introdaced Y .
By Mr. Currie: S, B. 778 To prevent
live-stock from running at large in por
tions of Bladen county. Counties, Cities
and Towns Committee. -r j
By Mr. Warren: S. B. 779 In regard
to fishing and hunting on bridges across
the Neuse and Trent rivers, being sup
plementary to bill already passed. Cal
endar. --' ,' -
By Mr. Arlington: S. B. 780 To incor. -porate-
the Croatan Devielopment Corp.
panv. ' Corporations Committee. ;
Bv Mr. Miller of Pamlico: S. B. -781
To appoint justices of the peace in'Pam
lico county. Justices of the Peace Com
mittee. ' ': .' '
Bv Mi". Thomas: S. B. 782 To prohibit
sale' of liquor dn No.'-2 school district,
Abbott's Creek township. Davidson couin
ty. Propositions and Grievances Com
mittee. ' . --'"'-' '
By Mr. Gudger: S. B. 783 To creatd
a pension board in Madison county.
Pensions Committee. ' v r. ;
By Mr. Gudger: S. B. 784 To appoint
justices of the peace in Madison county.
Justices of the Peace Committee." '.
By Mr. Sugg: S. B- 78." To protect
travelers along public roads of Craven
county. Counties, Cities and Towns
Committee. . - - '"- ' . '
By IMr.. Pula: S.-'B. 780-To authorize
commissadners of Wilkes, county to levy
a special tax. counties, cities ana
Xowns Committee. -
By Mr. Woodard: S. B.' 787 For th ,
relief of William Meacham, an ex-Confederate
soldier. Pensions Committee.
; By Mr. Woodard : S. B- 78S To ajn
point CofBeld Barnes et al. justices o
the peace in Wilson county. . .
KUlFaaal VIbjkI BeaeTlne '
The following bills passed third read
ing and were ordered enrolled for rati
fication, unless otherwise stated below;
S. B. 362. II. B. 339 To inmrove tha
public roads of Person county, and levy
tax for same. r - - ;
S. B. 12, H. B.- 623 To establish
graded school to be known as the "Guil .
ford," in (iuilford county.
S. 6627, H. B. 607 Empowering
(Continued ou Sixth Pare. '
ii: - ' ' ..(.tiiui-i, I ill it..."! i o i 1 11 ililn 1.141 - r - . - . .
00 "d there were, eight who paired, a unlaw till and unconstitutional,' merit-
. "; "... '"' !.-.- : cV- -- "- ' " - ,. . i-.. ' ,:?''--'-: -
' - ' ' ' T .
-.
- .. . V:: .
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