Newspapers / The Morning Post (Raleigh, … / Jan. 18, 1903, edition 1 / Page 7
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THE MORNING POST SUNDA?. ? JANUARY 5 flotloirm and anon be classed v. it ft .j,.uaruarir mow, and be. f so peat as pinnies nr all. : ottM plaintiff that a hole which had been to keep him in ignorance, both amend drilled i and loaded and attempted to meiitB would fa'i tosether. . . ' . .be fired had exploded and that he could It would wronir both ric-w. tt would! retrlll iff Tr(fhM x .. rt .wf . .. ... . .. ; .... . n - - m ims ''ur nwit jiiiu luimfnimuiuu 01 ;t j n naievr th" envlro-i'ii him do so; that relying upon the just public opinion, and would ruark -negroes are. thev hiv0 'rnm skill and knowledge of the superln- ,r.s h ir t.-mA.i iu. .iminvHi r.v .. ' mc tendent the idalntiff obeved the order - ; ' " ,re nnt muMor- - v.. -. vwi I " tiuuznents iL LlitfV a m m.4 .and while rlnin? .i the riH i oYntrutert . , '1 .. .. . . are Of iA,".t- . , . .1 L 7! "e wer surjwaD! on reaum me 'fiuuswn, out are wholly and plaintiff was in lured and that the - . "".'j luJurv occurred: from - he nwr nr of . .l ' " ! ' . . .... " . H'Uruc. j - r . . - vve are spendin flf th fa hit-. spending money liberally for; of t'OCiH,'-l civic, moral and ZlrC.cu UK-- IUrn,R,l f .educatio,, both white, and black, j law. These environments. on . ,..T..w r .1 ' The uustion for tis to decide 1s this: V source. .tanu out t if. 11 11 1 lu ill vj l. rrm.T m. -1 111111 1111 11 iiiii ir'i 11 v. -. . 1 m . r - "". Arf Our lepaftneinit' Over objection of defendant, evidence .we 1 - . cettine- full alue for the !vu or woe in every ra - 1 - I " ... " wfls intrrxle.1 ,n r- money expended' In many important . j" "prof mat race , on,iltf . ...,:. ... resspectR the nuenfion may be answered 1 110 ,le m , two thinKs : ,t thoritv to emnlov nnrf hr,rr airtrmative. j;ut. especially in ;. ine race. iy exuortaii.n, but this evidence; did not show tht the ease, of the negro, it Is a serious j his environments; by r ir. iuiiinee 1 iMUli PuniniiBry what - ir eitlii MMliKatUVn, :'! if. t- r H per and wholesome lauj with conservative flrmnesi people alike, the .negro' CONTINUES THE GREAT JANUARY the Mcevprincipal was inexperienced question and unskilled :P "Held, Incompetent.-. - offered hf The evidence was that two holes had th- Booker been drilled, varying in deuth from rlnl training 6 to 12 fet, that they were charged with In the above it a pears thai you are powdet" and at the word 'fire'' the Drfi- in doubt as to whether the negro edu- tery was a curred th two employ whether an explosion had occurred In managed by and after liobker "Wash one of the holes, but the employees inprton idea as an individual. 2sorth concluded that both had exploded and Carolina .''is governed and 'rom rolled -y .Miicamn.unu.iuiu mem iu , ne people Tuskesee has wen in op- more than a common 1 .b..,vv ceed to remove the. dirt from the hole eration f6r more than rifteen years. a tion. This places hin int.. th. if they thought it' had explode.d arid rompared wiih North Carina Fystenvl of racial nonculltv If it ton1,! rjwJr, y-M" of educating the !nas.es. 1C for any'tionnlly done. His past ?istor4 riven length of time this "idea nas j years stands out in stubborn been .fostered m North .Carolinahas , against .such n measure, .at i fT.mov.. f ipro . whether or. not the education ' wan1 hindrances whirl, hietlii m approaclsjnear Enough to-! of cix'- morl- ary, ; Pr Whln'iton idua of Indus-! t,",al; cKular andvrehgiouk :t,l. nm.;- ment. This one benan. an.l wiii n lu- I' o - full: applied and an explosion oc- cation comes up to Booker Washington J tneg;e. outhl-'inds wi'l h ' ; i lat the superintendent and idea. Why so? If not, is there not a Vf!uS" , A ' " 'jj ni',r yees were at ttrst undecided cause? Tuckegee i. controlled and bloom aJlu bioom iPO,',h It Is harsh to say, and quite justice tp the rjce. that the present environment demaiid 1 S6CLEAM occurred and Edaintiff a-ploj-eef-was injured; third em- ID)?? SALE ! MEN'S' WOMEN'S AND AW.. A tl. ,1 1 . j. I A. JK"i ueipnuunis. muuon 1.0 tbat ..ilea- b.eo conducted on the, with other races who were :, method and thorough' system, as Tus- now. under similar enrironuie fcegee. expecting the same results? -Is -j" Where is the sage, the.jlofci. it possible to expect or evtn suppose ; th" philosopher that can. or h that a child of four years should ae-.j; defined or lixed the relative 5t. complifh as much as a youth of nine- 1 auV; rareV Yet. the edittirii teen or more years; each trained under 'that the. negro was bom to. fill different masters and laboring- under n,al Plaoe - It clvllUatioi , ,r disstmular advantages? Xever again I ,n the soutlu Why not in th non-suit should have been allowed DA ROAN, appellant-. v, C. . c. ltAlL KOAD CO. From Union. No error. Action of ejectment. It was admitted by plalnflff that the garden (the sub ject of this suit) was used for ra In road purposes and was necessary for conducting its business, under its char ier heinrr within Itfl feet - from th center1 ;of-lt track. The land was not has there been in the, history of -North ft 1 in-'iegro.- ts.-al.--4 ra !' 1 red 1 at. b 1 1 (v u ot Ijortlons of the the world? If J a fact, I ask., why are those pi CHILDREN'S when :the railroad was finished; Held, that the uaem ade of the land bv olain- . ...... - , . . - . . , . , .. , ; 1 1 ..'.v. tiff, subsequent to the completion of the oiacK. as nas ueen mane unaer ine au-., , . A. usea as a garden or burying grouna """Z'C.." - "...r- .H-Irrj ', menial service monnonolized b. of the education of both white and : ce8 ,n -.th n,orh- : : wnir jiiuiTM uL.ine rouin. ann o if not killed, beejj I road, was Hubje.'-t to the after necessity rmnistrauon or our present ..ovct nor, th?Jr .uaptatlyn t mci f;U . r twn inn fiof Aycock. and state Sur-crln'tendent of , . . - i I "-r v ... w - - nim services eougni. ; whenever it became apparent that the Kducation, To expect greater results j Rm of tne opinion thht If company needed it for the purpose from the State, in proportion to the ! be for jhe good of the whole ...vu.nu.. - , . . . , , 1It mm luunu ,v ji xne race q! SO., 130- Ti. c. 22a; fehteidB v. i;. CO.,- viin i usegee. is 10 say uiai TiU' ntKn WOuld be allowed to rest. T -12a Ni C. 1. ( ought to be the peer o ft he white manjgood reason for Its peri.xlto ag Plaintiff was not entitled to compen- all things being equal, though the I and W( nrav our friends i not pro- latter has h id nearly yenrs of civ-i 0f ,0 aueht that would 're-nnl i . .- fnphe- i n;.;-ciaH;.-other -h V" (Oil ft? Ilid I'm (-e ,fr t Vice. . woul4' eop '.tlll satiort as under condemnation 3 Off ,'ceedings in the prerent action, the cause illzed training and advanced enlighten- of action here being in the nature of ment. as compared with the negro's 40 j THE REGULAR PRICES. Ration.- in sa y !'h tlv wounds of a helpless and opfttessol people. We are here, and here t live and die among our friends. ejectment.. The redress, if any must years probation. Dut admitting' this, be sought under the provisions of the the negro's showing wil compare as fa- the land which gave1 us birth. maiuif. - iwaiujie v. n. v.u., .01 v.. lovable jn his snort space ror' the same are aispiteruuy used, where n 278; Jand y. R. Co., 107 N. C. 72. Under the acts chartering defendant emanicpated. 2,000,500 of that race, out company, married women are not at- of 'ooo.OOO were unable to read. JNow, fected .until two 3'ears after the re- j,ince we number 10,000,0X, out of: that moval-of their disabilities, but in this num5er we have 6.500,000 that can read case ! when the road was completed, - it h rerineert his illiter- stav, ml in r fun fir. T! ! ....... . . there are in all kinds about six hundred pairs of shoes in this GREAT CLEAN-! J 1 - " ' ; . . - - IP SALE and everybody can fitted, The reduction of 1-3 ofifthe price the laud was the properly of the hus band! of the feme plaintiff and his i right was barred after two years from the .completion of Che road. His con-vej-ance to his. wife yas long after the road was finished. ! FARTHING, appellant v. ROCHELLE., From Durham. AUrmed. ction for specific performance of a contract for sale otA land. The con given length of time. When he' was j hopes for the future and what I. k.k could we leave for our chfldrea an. children's children? f It is not our purpose to compete f"t social or political desstruction. Unit U is our full and settled deternijnati.1.1 to make our lives sublime-t-to siitcced' and ever come up to the of our friends, the wide I voice the sentiment of Intelligent and respertnbl nothing short of success I In morals. Industry, religion a nil; edu ¬ cation In all of Its ; broad cast a.ert; and upon these una? iiiessir.fs nr- asked, with the kind assistance 6f m: acy to 43 per cent in 35 years .We number 40,000 that are attending the higher institutions of learning; - 20,000 learning trades; 1,200 in classical' cour ses: 2,200 in scientific and business courses; of ; graduates, 17,000; books written, 400; attorneys-at-law,."; doc tors. 430; value libraries, $500,000; school property, $12,0000,000; of church expe(pit.,i woilijj o'er C verij f sou I. tiegrflj tll.it his dihhv . ,: '- itract based "on1 a correspondence property, $37,000,000; farms, numbering frien( -riilo. between the parties In which an offer iso,ooo, are vaiuea at wi.wu,uw: .nom, shoes in range of every one's purse. Lets figure some and you will see w hat a savm Kinston, N. DR. C O. C, Jan. 13. Tiroit.. you make in buying these shoes ; cent wa smade to tav a. certain sum for iso,ow.iare vaiuea ai s-wv aim i the premises described as "your lot:" Pays taxes annually to the amount of llleld that the description :s not sum- $365,000,000. All this has been aecom- clent, - Cartum a- -Ray, 52 N-. C. 602. plished since his emancipation., waste .'State: House just after tlW cited; and commented on. The court the negro come up to the expectation , )ators had adjourned for the d.ik" - I say that the Act of 1891 Ch. 465 did not of his friends, and," the ."idea" o'.wonder what . delayed It?" Cltyel.nd' Intend to do away with the necessity educational progress?;-All muft' admit j l?Jan Dealer.1 ' t , ft r. f. M.oc $2.00 ho es. 1-3 i-3 i-3 1-3 i-S off. off. off. off. off. are only tt tt : 5oc- 67C. $1.00 $1.33 $1.50 $2.50 $3.00 $3.50 $4.00 $5,00 snoes, u tt tt tt 1-3 1-3 1-3 1-3 off, off. oft off, off, are only tt tt tt $1,67 $2.00 $2.34 2.67I "I se that a blizzard wrecked .4! wet- ll. .(.!- tt I . : . Every One is Interested ! Come and See ! DOBBIN & FERRALL of all description but simply such par- that he has ran' well; and his friends ti'.njlatly- of description as would fre- should not be ashamed of this portion ijuently be beyond the ImedJate reach of his record; and if he has any ene- of the ordinary vendor; Evidence of mles, they too must admit that he former' negotiations in this- case not has "fought a good fight," and won for connected with the present transac- himself and for his Southern home a tion ! is not admissible to locate the record of which -he C needeth not -be !a:-"- , : ashamed. ? DEBNAM v. CHITTY, appellant. From But the moat surprising statement In Hertford. Modified and affirmed. editorlal is that. Section 14 of article 2of the Con- ..The negrp's salvation lies in. such stitution or ortn carouna provides trainlng as vvin make better agricultu that "No law shall be passed to raise ral!st. tetter mechanics, and bette i money on me creuit oi me siaie or J pledge the faith .of - the state., directly Q OO -or inJ,rect'V for the. payment of anj" s J J ' debt,!. . .. v ., ..or to allow the counties, - J cities ortowns to , do so. unless the kill sti- VA r.,,v.ei oholl V.n- -.-.cr. .--lit.-- i. . v. ,t...- political position. Let us fit both white ! - ftn KlQf. frt- fV ' . A T I . - T 1 , a three, several readings.. .... ..on three different .days' and agreed .to by each j House respectivelyand unless the yeas ,and hays o nthe second and third read- lings of the bill shall have- beep enter- !ed on the Journal." More of this brand sold than rti.T'iotber. been us of its ualformity in Dbrltt an auality. r- f OliEST OF SUPREME : COURT DECISIONS i rte-I y Jo. I- S?.iwell.) LOVE., appellant, vb. ATKINSON, it "ai. from Jackson. error. A contract for the sale of land, sign eZ only by the vendor," Is void .'.un der he statute of frauds, as to the vendee, although the vendee has partly performed his verbal promU;.to pay the purchase money, and hai entered f Ie.irIons at AuTU't term, into possession. :i. lu.fdi j I'e vn. Carter 38 N. C, 29$; Dunn r:i: v k railway, vs. Moore. 3 m. as: iajinroop "Where it appeared that defendant's srvants knowing that the plaintiff (a woman) was exposed to danger, acted with Indifference as to her safety, and disregarded her request to direct their blasting so as not to throw rocks- upon her house, but threw several wagon loads of rock and Email stones in her yard and garden and through - her house, and plaintiff testified that she sons claiming "through or under"- the grantor of the plaintiff's gfohtor Sttd the complaint failed to allege that plaintiff has been disturbed or ousted by parties claiming under the warrant ing grantor, it Is held that the com plaint Is" fatally defective. ' ' " A warranty constituting a covenant real and. running with the land, can not be assigned without assigning-" the To ter domestic employes. Ills whole , envi ronment indicates this need. For -various reasons he wilt never be allowed, in- thsi southland of ours,, to compete with the white citizen for social and and blac for the respective positions they will be called upon to fill in the civilization into which they are born." Can the foregoing be sustained by the history of races; and '-nations? Is it a fact that the salvation of any one race is wholly dependent on the lines In this action to declare invalid bonds .mapped out? If so. what kind, of citi- issued by Murfreesboro township in r.ens would they be, and what espe Hertford county, the entry on the Jour-' cial benefit would the government de nal bf then House in reference to the rived from such, If such-made up the passageof the bill - authorizing the body, politic?. Is the .labor of the land bonds, was "ayes. 94; nays . To- al o flife to live is this the only edu- tal - '' and a printed list of the mem- cation that is to be imparted? No; bers! and a dash after 94 names. ' and echo answers, TCbl TJpon this ques- Held that" the .bill was nnz passed tion. of educational discrimination, the In accordance with the constitutional State Constitutional Convention of 1S73 I requirement.; which is mandatory, and added the following clause to its educa- ithat the bonds are invalid. NEGRO EDUCATION S IN NORTH CAROLINA tional provision : .' "The cijildfen. of the white race, and the children of the colored race shall be taught in separate schools; but there shal be no dlscribination In favor of. or to the prefnudice .of either race." I tThat is to say, that both races shall, !and be . educated . alike, and no dls- i crimination of educational advantages. .' ' !' T'r' : . .'..'.". ' -. I.'- ' STRAUS GitSL CO.lAf " ."s -: 1 :'!" f ' ;"'.,. - i : - ..... - . : . . See tie largest barrel trf la Ralelji. now on tap la A. O. Watford'? ailofB. Harnett atreet. Ualeifh. Ni a : the Editor of -the Warn, i New trUi. i Hrj'nnl..2 Ding. X. C, 741; Slmms vs. T-Itlen to rehear thl! ra?e U KllJiatn. 3t X. C. 25;' MUell vs. Bur- th u whero a self-coupler wp nett. 40 X. t.. 249: Wnde -s. Xw Dern. b.it restore! to uwful- 77 X. C lW; Dames v?. Teague. 64 yM -bnketnan orrln? the "IIP" jX- '- 277; Luton vs. Dadharfi. 129 X. .!(.r with hi hrM.t an.l iustrC J'J; cited end ronimentod on. ir. wr coming together, the WATK1NS vs. KAOLIN MTG. Co., - tofpl.no the burner n I ' ri"lwl. rrom-JaeKson.--iiirmeu. . :r-Kf hfng ,ar in th Center, kick- The.wtmerof premises In fee. sub !ih hist foot nd his font was Jeet to a deed of trust thereon to e ' ' tr d Injure.!, the Injury wa due cure n debt. anl in possession thereof, lU.ntory neHgence and not to ! rnay maintains an action, for damages, f--i!e coupler. j to the freehold1. . ril. petition-r Vs. A. f. UAILWAvJ Cnder the, present system, pleadings . ?r..tn Mecklenburg. Petition to i must be lllerlilly c9utmed with a view j to iubtantisi justice nemern ine,jur was rendered almost helpless from land fright and nervousness and was seri ously Injured physically, it was held that an action will lie. HAVEXBL. appellant vs. INGRAM. from Macon. Affirmed. ' ? - Xo right of action accrues upon a covenant or warranty until there I either un ouster or a disturbance of possession equivalent to an ouster. A. -Judgment of court alone cannot constltutte a breach of. warranty.' 4 AVhere complaint in an .action for breach of warranty Is defect!'? In fls allegation as to ouster, but alleges that plaintiff has "been disturbed 'and de brived of his possession, ' srxh allega- . t . . .... in.i nmnf which doesn ot appear "to in riief i m.ii rit-i - .i ;..... t- - f a railway company nhlle - -I In pointing switch 'targets in " T.inr's ard and working with :: t-:i of the rail, vra struck -Itch engine, the engineer had "ight to assume that the employe lf 'n rsfion of all his facultle '"t. net being hAmperel by ob- h wouM ree.the.nyln In :J M.-p o-it of dinger., havf been misleading. fvM be deemed Immaterial. Au action xriil lie to recover dam age lor physical Injury reayltinar from frlsht or nmou ehocks caused- by negligent acta; bot-s a condition pre cedent to recover In such caae. It mus appear that defendant knew.; or bught to have known ,f "plaintiffs peHIous V)5itlOlI,' - . r t" ;' be treated as a defective statement of a good cause of action. A grantee without warranty may maintain an action against his grant or tvho held with warranty (Markland va. Crump. 18 X. C 4) but where complaint in an antlph for breaeh of warranty shows a special warranty to the -grantor of the-grantee who held -without . warranty, ' warranting such grantor against the claims of all per- Kinston. Free shall be: tolerated one kind of.etlu- ' . ! Press. cation for the white, and another kind Where a warranted grantee enters iear . ir: our.. eauoijai oi .i-ui.i iui uie., .... into a contract agreeing that if a suit issue, bearing date of January 6th Inst., common and State ,Normar Schools., brought against him' to recover the dealing upon "The Educational , Prob- j. In thelast General. Assembly the. fol- land is decided ngilnst him he will lem.". has attracted no little attention, lowing remarkable expression appears erant and assign to,S. P. R. his' right Pardon the liberty, when I say,- that in the message of Governor Aycock,tto to sue upon his covenant of warranty, while -yiu admit progeny along . the that body: 5 . which was a covenant real, provided lrnes of our State educational system., "You will not have aught to fear that S P P "will pay over (to me) od imply a '-doubt-of its fullest deyel- when you make .ample, provision, for owing , to apparent compjica- tne eaucanon 01 ine wue , peuitr. tions "by the race wuestionv' Is this Rich and poor ahto? are. bound P.y assertiou based-. upon any unconstltu- .promise and necessity to approve your tional reason'of that. which would favor utmost efforts in this. direction.; . . . one race . more than another and yet towards the education of the masses." require the ... deprived to pay school To give a race oolya hand. education taxes?- To 'do this would be a diserim- would be to reduce it.; to a beast of bur Inatloh, and would be to a- greater ex- den. To 'deprive it of a mental and tent and complicate the situation, and intelectual training, is to put such 'a me court am yiKe render matters wore, thus producing race on a leve with the brute; an to proof unless there is a corresponding . .. a, ,f.niS and Christian edu- .1,. AftmnHlnt FiTlUUS ItJUitf. uuvciuui "J"1"' " " ' tS coml"atnt aSwd that defendant to th. Cleneral As- ? comoanv reouired plaintiff to work un- sembly, - used-these words: "The and malignant devil. This la the logl- Z?l aLertendent' that It wis de- strength of our present amendment lies cal sequence of what would become ol ?.5Wdutr todw 190S !t rovies .the.negra were-he.to be only educated lSSlV - ucltipnai Qualification . . : as the ; above eerpt. outlines, uch a employee, rajalrist dangers "incident to to educate al her children. If it should state 'of affairs; wou. cause men to the business of Wasting rocks r tbat on appear to the' court' that In connection lose Teason and-fly fo brutish haunts, the occasion of prklntifTa lnjur the de- withour disfranchisement "of the ne-R would degrade our American civili- fendant's superintendent Informed gro, ; we hat taken pains for providing nation, especially lu these eouthi-d,- i iiiinrD iiiiJTCn 1 11mm n iiniiu n LUlllULll inum.Lf. t. the surplus, recovered" in a suit upon opruent said- warranty, "after; repaying him self the. amount-he shall have expend ed In defense of said suit," etc, it was held, that said contract constituted a champertous transaction and was void. HARRIS v. QUARRY CO.. appellant. From Henderson. New trial. The court .cannot take, notice of any ' We are in the market for' ' the following N. C. Piiie. - 700,000. feet lxlOT 1x12 7-8x10 1 u 7-8x 2 three 500,000 - .250,000 600,000 to be delivered within months. Also Shingles a for early delivery. JONES & POWELL i . nd !Lath. Raleigh, N a
The Morning Post (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 18, 1903, edition 1
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