M. L MXOWN
isicl
Ex-Mayor Host Serve Sen
tence, Says Supreme Court-
THE DURHAM SENS ATSCM
XHE MORNING POST. WEDNESDAY, SEPTEMBER, 27, f$5
'5
Opinion Delivered in Petition for
Habeas Corpus Written by Jus-
tice Walker High Compliment to
Judge Ward for the Course He
Pursued -
The supreme -court sustains the ac
tion of Judge G. W. Ward at Durham
recently in sentencing ex-Mayor M. E.
JlcCown to thirty days in jail and $200
fine for contempt. In that he, went to
the boarding houscwhere Judge Ward
M as stopping during a recess of court
md, in the midst of a discussion of a
rise in which the judge had made an
order that was not satisfactory to Mc
Cbwn. roundly abused and finally as
siu'.ud the judge. '
After the sentence for contempt was
imposed on -McCown, -application was
nade? to Associate Justice Walker of
the supreme court for a writ of habeas
corpus. This was refused and the ap
peal heard by the full court. -And the
opinoln delivered yesterday was for the
court on the argument on appeal. The
opinion was by Justice Walker for the
court and consisted of-128 pages, type-,
written. The following are some of
ihe most important features of the
document:
Extracts From Opinion
"This matter as now presented to us
really involves the correctness of the
ruling of Judge Ward in the proceed
ings which resulted in the commitment
r f the respondent and the imposition
( 1" n line upon him for contempt of
court. If upon the facts as found by
t !:''.- judsre a contempt -was committed
within the meaning and intent of the
l;.w upon that subject, this court is
lound by the judge's findings of facts
svhiih were spread upon the record as
required by statute.
"We cannot decide whether there w.as
Br.;- merely erroneous ruling of the
co'irt or any irregularities in respect
to judgment and procedure, as. the writ
habeas corpus can never be made
to perform the office of a writ of error
or of an appeal. We are confined in
our investigation -to the question,, of
jurisdiction or the power of the judge
to proceed as he did and cannot other
vise pass upon the merits of the con
troversy. There must have been a want
of jurisdiction over the person or the
Vourse or some other matter rendering
the proceedings, void for this is the
only- ground of collateral attack. The
law In this respect has been definitely
?ettled, we believe, by all the. courts.
"The range of our ino.uiry is, there
fore, narrowed to the question of juris
diction and the validity of the order
rf Judge-Ward. That the court had
general jurisdiction of the subject of
:---n tempt cannot be denied, but do th-3
"acts statc-d in the record constitute a
contempt within the meaning of the
:iw? This is the nuestion before us."
Me would have less difficulty in cle-
riding this case, if "by the act of 1S71
fOode. sections 648 to 657), the legisla-.
ture had not defined contempts of
r-ourt and declared that no other act3
:r car.duct not mentioned therein
should bo the subject of contempt."
snd repealed the. common law-, in so far
Js it recognized as contempts other
ret? or conduct not specified in the
statute. We are satisfied that at com
mon law the acts and conduct of the
petitioner, as set out in the case, con
stituted a contempt, of court, and, if
the statute does not embrace this case
and In terms repeals the common law
'applicable to it, we would not hesi
:ate to declare the statute In that re
spect unconstitutional and void."
' Then follows a great number of cita
tions, beginning witK Rinirct
4. 283) : Bishops Criminal Law (8 Ed)
vol. 2, sectlons,242 and 243, and numer
ous others. Continuing the court says:
JThe superior court being a constitu
tional body, must be governed by the
same laws and under the same pro
tection from legislative interference,
so far at least as its inherent rights
and powers are concerned, which are
specially shielded by the constitution
against infringement." The
validity, of the act of 1S71 was settled
by ex parte Schenck, "with certain
savings in respect to the inherent
rights of the court," said this court
by Pearson, C. J., in Kane vs. Hay
wood, 66 N. C, 31. -
"If therefore the legislature, by the
act of 1871 (code, sections 648-654) had
aneu.piea to destroy or abridge this
, power, it would become our duty to
lue act to tnat extent void and
of no effect. But fortunately we are
relieved from the necessity of deciding
that question by the fact that this
court was construed that statute and
held that it "does nnt tav.
i of the Inherent powers of the courts,
which are absolutely essential In the
i administration of justice and is not
such an encroachment UDon th rip-hta
of the judicial department of the gov-e-nment
as to warrant us in declaring
it to be unconstitutional and void."
With these observation ao
; the power of the courts, let us nmM
and inquire whether the facta found
. by the judge as specified on the
' record" show that the petitioner has
committed a contempt, within the
meaning of the act of 1S71 and the
common law for which he could ' be
; summarily punished. There is no case
to be found precisely like this one in
all of its facts and circumstances.
j It is difficult to find an exact prece
j dent for our ruling in this matter, but
j authority is abundant in support cf
' the principle upon which our decision
must rest. If the respondent had not
been committed for contempt of court
for which he could be summarily pun
ished, we might well join with Lord
Langdal in his assertion that without
such power in the court it will be im
possible that Justice can be adminis
tered. It would be better , (in such
circumstances) that the doors of jus
tice be closed.' " .
The court cites and discusses at
length Hammond, J., in 120 Fed. Rep.
at p. 772, pronounced the ablest case
on the law" of contempts to be found
in the books; Commonwealth vs.
Daughtridge, a case in which the re
spondent who was interested in a case
pending, met the judge on the steps
of the court house and grossly insulted
him.
-Quoting at length, from the opinion
in this case, the court says the case
under discussion might well be rested
on this authority, but for the need to
investigate fully t..e doctrine of at
tachment for contempt.
In concluding the discussion of the
legal pha-ses of the case, the court
says: :
"We have thus reviewed at much
length the authorities bearing directly
or indirectly on the important and
delicate questions under discussion,
and have -found abundant support, a3
we think, for the conclusion we have
reached, that within the meaning of
our statute, Code, sections 648, 654, the
conduct of the respondent was a di
rect contempt of the court, as much
so as if the assault had been made
when the judge was sitting on
the bench in open court. The insult
was given and the assault was made
'within the verge of the court, as apt
ly expressed by Chief Justice Ruffin in
Sumner's case." j "
Tribute to Judge Ward -
The opinion contains this tribute to
Judge Ward:
"Having disposed of the legal ques
tions involved, we cannot take leave of
the case without commending the able,
fearless judge who presided over the
superior court for the perfect control
and complete mastery of himself, which
he exhibited under the most trying
and exasperating circumstances. His
subordination of self, in deference to
the-dignity of his high office, is w;orthy
of the highest praise, and must com
mand at once for him the respect, con
fidence and admiration of all. It was
the best tribute he could have paid to
the judiciary and.the most perfect ex
ample he could have presented to the
people of one of the'ir chosen repre
sentatives in judicial station, who, test
ed by the severest ordeal, admirably
sustained its dignity, and by his jwn
submission and self-restraint enhanced
the respect due the powder and majesty
(Continued - on page Six)
PARDONED BY GOVERNOR
J. A. McMillan Serving for
Manslaughter
Given His Liberty on the Ground
That He Has Been Sufficiently
" Punished Application for Three
Other Pardons Declined
Gov. Glecn yesterday granted a par
don for John Arch McMillan, who was
convicted at the September term, 1900,
Richmond county, of manslaughter,
and sentenced to eight years in the
penitentiary. The pardon was upon
recommendation of the juge, jury
and county officers (the solicitor be
ing dead), and after thoroughly con
sidering the case. "I am of the opinion
says the governor, "that the defendant
has been imprisoned long enough, and
he is pardoned, conditioned on his good
behavior."
The governor declined to allow par
dons for three other parties, the state
ment of his excellency In each being as
follows:
Virgil Holderfeld and John Jenkins,
Graham county, indicted, affray. No
good reason being shown for granting
the, pardon, application is denied.
Guy Turner, July, 1900, Madison
county. Indicted for killing C. H.
Pmelson and sentenced to thirty years
in penitentiary. No good reason being
shown-for the commutation of the sen
tence, the same is refused.
Quinton White, Bertie county, indict
ment, murder of Arthur White. No
good reason being shown for commuta
tion, the same is' denied.
ai
ji-:ZS& r;-.,.'rgr
jPljjjmi I I ii
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Igtory of your troubles, end we will eead yoa alalo Insirodloas
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reply aeet yor, la plala, aealed envelope. Address Ladies' Advisory
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It Relieves Women's Pains v
You can surely soothe your pain and cure the cause of
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and all menstrual disturbances, by carefully treating your
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female specific, which has proved so successful in making
sick women well. '
Cardui is sold at every drug store, in $1.00 bottles,
with full directions for use on the wrapper. Try it.
wm nw f i.mi VJ
A FAVORABLE WEEK
Slight Improvement Shown in Cot-
ton and Other Crops
The United States department of
agriculture, North Carolina section, cli
mate and crop service, weather bureau,
in the weekly crop bulletin for the week
ending, Monday, September 25th, says:
"The weather has been generally dry
; and warm during the greater portion
of the week, and favorable for -f arm
work, except in a few counties in the
eastern district where heavy rains in
terfered with cotton picking and hay
ing. Rain was Quite general on the
20th and 21st, and was very beneficial
to growing crops. Kain is needed in
the Piedmont plateau, in the extreme
j western counties, and in a few localities
in the eastern portion of the state. The
temperature in the western distHct has
been about normal, and in the central
and eastern districts about 4 degrees
above the normal.
"There has .been a slight .Improvement
in the cotton crop during the week;
it has continued to open rapidly, and
In some counties the bulk of the crop
Is open, but reports of premature open
ing are confined to Bladen, Dulphln.
Halifax and Northampton counties,
where the rainfall was deficient and
warm, dry weather prevailed; in the
extreme northeastern portion and in
Sampson and Anson counties the heavy
rains have done some damage to open
cotton and retard picking; it is gener
ally reported that the bolls are small
find the lint short, and thot there will
be no top crop, owing to shedding. No
further reports of damage by army
worms ave been received. The crop
will" be everywhere below the average,
and in some places very light.
"Tobacco is about all cut, and cur
ing continues; It is generally reported
as only a fair crop, and of inferior
quality; much of it is burnt and speck
ed, and the remainder lacks weight,
but has good color and texture.
"Peas, turnips, sweet potatoes and
late corn were benefited by the rain,
but in many places are needing more
rain. Corn will be a light crop in the
eastern district, and an average crop
in the central and western districts.
Much fodder was cut and saved during
the week, and a 'little was ruined by
rain in the eastern portion of the state.
Much of the peavine hay crop has been
cut, and good yields are being secured.
White potatoes are in good condition
and there are fewer reports of rot
ting;, sweet potatoes are doing well.
In the Piedmont region and in the ex
treme western counties It has been too
dry for plowing for small grain, but
where the soil Is in condition some oats,
rye and wheat have been sown. Clover
is in good condition; the cabbage crop
is a failure; peanuts are ripening and
a good crop is expected; apples are
specking and falling and will be only
a fair crop.
The following rains have been report
ed: Raleigh .05, Goldsboro .14, Greens
boro .2d, Lumberton .04, New Bern 2.24,
Weldon .24.
DIRECTORS OF A. & N. C. R. R.
Appointments Announced Yesterday
by Gov. Glenn Meet Thursday
, Governor Glenn yesterday announced
the appointment .of dierctors for the
Atlantic and North Carolina Railroad
Company for the ensuing year, four
being reappointments and four new
members. Those reappointed are as
follows:"
J. W. Granger, Kinston.
D.; E. Hooker, Bayboro.
C. M. Busbee, Raleigh.
W. H. Bagley, Raleigh.
The new directors appointed are:
C. T. Watson, New Bern.
- L. P. Tapp, Kinston.
W. D. Creech, Goldsboro.
W. S. Chadwick, "Beaufort.
Those who retire" from the board are
W. H. Smith, Goldsboro; J. C. Parker,
Olivers; R, W. Taylor, Moorehead, and
L. Harvey, Kinston.
In connection with the announce
ment of the appointment of the direc
tors yesterday Governor Glenn made
the statement that, the state's proxy,
finance committee, secretary and treas
urer, attorney for the road and auditor
and expert will be elected ai the an
nual meeting of the directors to be
held at New Bern September 2Sth.
Notice
Having qualified as adminietratrlx of
the estate of Julian E. Johnston, de
ceased, this is to give notice to all
parties (having claims against said
estate to present the same for settle
ment. All persons owing the said es
tate to present the same for payment
on or before the 14th day of August,
1906, or this notice will be plead in the
bar of their recovery.
LULA PAGE JOHNSTON,
Administratrix.
Ralelgrh, N. C. August 14th, 1905.
Better Than a Plaster i
A piece of flannel dampened with
Chamberlain's Pain Balm and bound on
theaffected parts, is better than a plas
ter for .a lame back and for pains in tha
sie or chest. Pain Balm has noisu-
j perior as a liniment for the relief of
i deep seated, muscular and rheumatic
i pains. For' sale by W. G. Thomas,
Robert Simpson and Bobbitt-Winne
Drug Co. "
LITTLETON FEMALE COLLEGE
Are You Engaged!
Engaged people should" remember,
that, after marriage,, many quarrels
can be avoided, by kpping their di
gestions in good condition" with Elec
tric Bitters. S. A. Brown of Bennetts-
j vllle, S. C, says: "For years, my wife
suffered Intensely from dyspepsia, com
plicated with a torpid liver, until sb
lost her strength and vigor, and be
came a mere wreck of her former self.
I Then she tried Electric Bitters, Which
helped her at once, and finally made
her entirely well. She is now strong
and healthy." All druggists sells and
guarantees them at 50c a bottle.
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BUDWEISER is the standard of quality by which
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V" Commanding the highest price, yet leading in
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Sales for 1904, 130,388,520 Bottles.
' "tang pBeer-. ,
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Capped'-
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ttessherd Bottling Co., Distributors, Richmond, Va.
Funeral of Mr. Upchurch
The funeral of the late Baitey Wil
liamson Upchurch was held yesterday
afternoon at 4 o'clock from the Eden
ton Street Methodist church. There
was a large attendance of relatives and
friends. The service was conducted by
Rev. R. F. Bumpas, assisted by Rev.
J. C. Massee of the Baptist Tabernacle.
The entire community was touched by
the loss to the city of this valuable
young man. The interment was In
Oakwood cemetery. The following gen
tlemen acted as pall-bearers: Messrs.
W. B. Mann, Jos. G. Brown, Jas. I.
Johnson, James Ashcrof t, L. W. Bow
den, H. E. Lltchford, -W. B. Grimes
and N. B. Broughton.
Got Off Cheap
He may well think, he has got oit
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Life Pills. A quick, pleasant and cer
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etc. 25c at all duggists; guaranteed.
RALEIGH
Marble Works
CCCPER BROS.,
f alelgh, N. C.
Death of Mrs. Stephens
Mrs. Hir.ton Stephens, aged sixty
nine years, died at her home in Swift
Creek and the funeral was held from
Macedonia church yesterday afternoon.
Mrs. Stephens is survived by two chil
dren, Mr. Oscar Stephens of Cary and
Mrs. Henry Campbell of Swift Creek
and a brother, Mr. B. S. Franklin, a
member of the county board of education.
Mr. J. L. Atkins Dead
Mr. John L. Atkins, aged seventy
nine years, one of the most prominent
farmers and best citizens in Swift
Creek township, died yesterday at 7
a. m. He is survived by his wife. The
funeral will be held today.
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CHARGES VERT LOW.
24th Annual Session will begin Sp
dress,
Over 200 boarding pupils last yea. KJt
ture and social life. Consarvatary fJta
In Art and Eloutloh. Hot- watH
Improvements.
ne death among pupils In 23 ye&rik
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tember 13th, 1908. For cat&log-u ad
REV. J. M. RHODES, A, M ,
PRESIDENT. Littleton. N. Q.
Office and Yards Foot of Jenkins St. All Phones
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CAPITAL CITY FUEL COMPANY
WKOLASALE AWD RETAIL DEALERS IN
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RALEIGH, N. C.
Correspondence Solicited
Steam Contracts Furnished from Yards or Mines
T. J. BURKE, Manager
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so think those who are sick. When
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like W. C. Barber of Sandy Level, Va,
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est sale of any cough or lung medicine
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' Notice of Dividend
Raleigh, N. C, Sept. 18, 1905.
At a meeting of the directors of Ca
raleigh Mills Company held this day a
dividend of four per cent, on the pre
ferred stock and three per cent, on th
common stock was declared payable
October 2, 1905, to stockholders of rec
ord. September 18, 1905.
F. O. MORING,
Secretary and Treasurer.
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