THE MORNIWG POST. THURSDAY. SEPTEMBER, 28. IQ05
THE MANDAMUS
IS ALLOV
ED
Judge Justice Decided at
Once after
TO SUPREME COURT
v
A Man who Falls to Pay Poll-Tax
Is Not Taken From the List of
Registered Voters Non-Payment
if Poll-Tax Does Not Prevent a
Man Being a Registered Voter
Judge M. H. Justice yesterday
decided to issue the mandamus
ordering the board of aldermen
and the city administration of
Ralelgli to call an election on
the question of dispensary or
saloons, on the ground that the
petitioners for the election con
stitute more than one-third of
the registered voters of the city,
registered at the last city elec
tion. The Judge's decision was
reached immediately after hear
ing the argument of counsel,
Mr. R. H. Battle for the board
of afldermen, and Mr. "WVB.
Jones and Col. T. M. Argo for
the petitioners. Indeed, it -was
clear that Judge Justice's mind
was made up long before the ar
gument was concluded. He
tated from the bench, however,
, that he would have liked to rule
the other way and hoped the
supreme court would overrule
him, but with the law as it was
he was obliged to grant the
jnandamus.
Mr. Battle stated that the
question would be appealed to
the supreme court, and that it
would probably be argued there
next week.
Judge Justice's position was
that when the-law said regis
tered voters it meant register
ed voters and not. qualified vot
ers, that a man who failed to
pay his poll-tax was not taken
from the registration books
legally, as he was when he
moved out of the precinct or
died or was found noMo be able -to
read and write; that this was
the marked difference between
a registered voter and a quali
. fled voter. In other words, the
non-payment of poll-tax does
not prevent a man from being a
registered voter in the meaning
of our constitution.
The entire hearing of the case con
sumed about two hours, from 12 until
2 o'clock. The formal judgment was
not drawn up yesterday, but will be
today. It will set forth that the only
around ' of this petition, i-c - -
tcr mortuus." It is provided that these
elections shall not be held oftener than
once in two years. That shows how
careful the framers of the Watts law
were that the people should not be
frequently agitated by an election.
Then shall we let them be agitated by
the action of persons who are not
even voters? Section 9 of the "Watts
law showed that the terms "voter,"
"registered voter" or "qualified voter"
were synonymous so far as that law
was concer:: d. The charter of the
city Of Raleigh allows persons to vote
only when they are registered voters
and "otherwise legally qualified."
Wheif Mr. Battle cited a case in the
77th N. C. Reports, Colonel Argo asked
what date that was. It was 1875.
"That was before the date of this con
stitution," said Colonel Argo.
"""The changes have only made the
old law stronger," replied Mr. Battle.
"All right; we will see," rejoined
Colonel Argo.
Then Mr. Battle quoted from Chief
Justice Clark in the 126th N. C. Re
port, Wrenn against Ray, p. 734, where
Judge Clark makes s3nonymous the
terms "qualifled voters" and "voters."
In this connection Mr. Battle also cited
Young against Henderson, Duke
against Brown, and Riggsbee's case.
After Mr. Battle concluded his argu
ment, Judge Justice began to ask him
questions. "Suppose," he asked, "one
of these men who failed to pay his
poll-tax should be challenged before,
the registrar, what would be the re
sult?" "He could not vote," said Mr. Bat
tle. "Do we erase his name from the reg
istration book?" asked the judge.
"No," said Mr. Battle.
"Suppose his name is on the perma
nent roll,' ; continued the judge, "and
he fails to "pay p'oll-t'ax and his name is
not taken off the books, the next yeai
if he pays his tax: he can vote, can't
he? But if he can't read and Avrit.e,
or if he moves his residents cut of the
precinct, or if he dies his name is
erased. Is not that the test of the
registered voter, nd is not the test of
the qualified voter the paying of poll
tax? The sheriff's receipt for poll-tax
will enable any registered voter to vote,
without action by anyone else."
Mr. Battle Insisted that a man who
had not paid his poll-tax was not on
the list for that year as a voter. "I
don't know about that," said the judge.
"However, I hope you are right."
STATE BAN NG
INTERE
STS GROW
Increase of $6,057,581 In
Resources During the Year
SUMMARY JUST ISSUE
that in him "a devoted benevolence
was happily directed by an enlightened
Intellect. Conscientious in duty, he was
ever faithful in its discharge. His
house was the abode of hospitality and
friendship." i
For unusual expressions of grief the
First Parish cemetery at neighboring
Kittery is not surpassed. It lies on the
rocky promontory of Kittery Point,
which reaches out into the Piscataqua
like a great hand. It was old when
Pepperell's barges rode the river.
In an obscure corner is the rimed ef
fort of some poetically inclined butch
er. It chronicles the demise of Mar
garet Hills:
I lost my life in the raging seas,
! A soverign God may do as he please,
I The Kittery folk they did appear, .
J And my remains they buried here.
Matinee and Night,
WEDNESDAY, OCT, 4,
"THE PLAY YOU. HAVE
BEEN EAGERLY AWAITING,"
The Clansman,
BY THOMA: DIXON, JRv '
From His Two Famous Novels,
and "The Leopard's
"The Clansman
; , spots."
A Powerful Play of the Ku Klux Klan.
Corporation Commission Shows Con
dition qf State, Private and Sav
ings Banks at the Close of Busi
ness Aug. 25 The Grand Total
of Resources $35,900,024
Big Dramatic Spectacle.
i Upon a big gray boulder is a Hib
i ernian memorandum: I
Bridget and I had two children dear,1
Here is the epitaph of one who may ! Metropolitan Cast of
nave ueeu a.n eariy jropuiiai;
Here lies the body of Walter Gordon,
Mouth amazin' and teeth accordin';
Stranger, step lightly o'er this wonder;
If he opens his mouth you're gone by
thunder. -
T. M. Argo
" Colonel Argo said that he had no
doubt that a great many citizens of
Raleigh who were of the opposite opin
ion hoped Mr. Battle was right. His
honor, said Colonel Argo. had asked
the material questions in the case,
showing that there was a difference
between registered voters and qualified
voters'. There was a distinct differ
ence. In several recent cases, when
special elections, had been called,- It
was expressly stated that a majority
of the qualified voters would be neces
sary to carry the election.
Colonel Argo read from the consti
tution showing the difference between
a registered voter and a qualified voter.
"By the war," sakl.he, "I notice that
this charter you rely on has nullified
the constitution. It is equivalent with
the hieh-handed movement they are
trying to carry through now."
A 1! x i 1 ...
w'oruing to me constitution a man
may register and then not be able to
vote until he has paid his -poll-tax
TT 1 - f - a -
ne is a registered voter as soon as
he is allowed vto put his name on the
book by the registrar. Whether he
The North Carolina corporation
commission issued a summary of the
statements of the condition of state,
private and savings banks at the close
of business August 25, 1905, showing
the aggregate of resources to be $35,
900,024.48, a gain of '$6,057,581.56 during
the past year. That is the aggregate
of the resources a 3ear ago when the
reports were called for September 6,
was $29,842,442.92.
The statement just issued by the
commission shows that the aggregate
of the deposits subject to check is
$20,566,999; time certificates of deposit
$3,083,717, and the demand certificates
of deposit $1,301,650. Here is the sum
mary in , full as issued by the com
mission: ' -. .
RESOURCES.
Loans and discounts other
demand loans (see sched
ule) .....$23,597,695.01 j
UOverdarfts 244,133. SS
United Stste lords on hand
(par value) 820.00
North Carolina state bonds
6 per cent. 34,664.59
All other stocks, bonds and
mortgages 1,051,912.47
Take the burn out; heals the wound;
cures the pain. Dr. Thomas' Eclectric
Oil, the household remedy.
50 People Mas
sive Scenic Effects Supernumeraries
and Several Horses.
Direction Southern Amusement Co., .
GEORGE H. BRENNAN, Manager.
PRICES: Matinee, 50c. to $1.00. Night,
50c, to $1.50.
NEW BANK EXAMINER
J. W. Aycock is Succeeded
by F. J. Haywood, Jr
Aycock's Resignation is to Become
Secretary-Treasurer of Goldsboro
Furniture Co Examiners Office
Worth About $2,300 and Expenses.
Premium on bonds
Banking houses, furniture
and fixtures
All other real estate owned.
Demand loans 999,772.24
Due from banks
and bankers ... 5,582,803.76
Cash items (see
schedule)
Gold coin
Silver coin, Includ
ing all minor
coin currency ..
National bank
notes and other
U. S. notes .... 1,144,267.00
3,361.19
854,128.82
183.825.S5
286,327.15
342,093.06
291,583.83
nuestion at issue is the one, regarding l mav vote or not at the next election
tne payment of poll-tax, both side. ! 13 anoiner question entirely,
paving agreed upon this. j Sai(3 Colonel Argo to Mr. Battle
First-, Mr. W. B. Jones read the com-! "You cal1 voter a participial adjective
plaint, and City Attorney W. B. S.pow
read the answer of the defendants. V
After hearing the complaint and' ah
wei iriu juage asKea 11 tne only ques
tion was not the one of payment of
poll-tax. Both sides agreed that it was.
The judge said it looked like the au
thority was the constitutional amend
ment. "Yes," said Colonel Argo, "and
the statute passed in accordance
with it."
Mr. Snow said that In view of cer
tain facts appearing in the complaint;
and answer, he would leave the argu
ment for the city and board of alder
men to Mr. Battle.
"I expect to make Brother Snow's
peech, in the main," said Colonel
Argo.
W. B. Janes
Mr. Jones opened the argument for
the petitioners. He made the point
that subsequent to the adoption of the
constitutional amendment there was a
difference between registered voters1
and qualified registered voters, the lat
ter not only possessing the qualifica
tions to register, but also that of hav
ing paid hi.3 poll-tax prior to Mav 1st.
And the legislature of 1901 set apart
a day for challenge, in order that all
those not having paid poll-tax might
le disqualified before the day of elec
tion. -
Mr. Jon?s rite'd" the cases of Smith
against Wilmington in the 06th 97th
and 9Sth North Carolina Reports.
R. H. Battle
Mr. Battle followed Mr. Jones. He
began by saying that if the position of
the petitioners was correct, then it fol
lowed that one-third of the registered
voters could set in motion the ma
Jhinery of an election at which they
could not even express their opinions
The law, declared Mr. Battle, contem
plated no such absurdity as that' If
the language of a -law were amb'igu
pus, BJno.kstone says the spirit of the
la.v must be considered. But the lan
guage of this law is not ambiguous.
One-third of the registered voter "
The word "voters" if'the prominent
ord there. A voter, according to
Webster's dictionary, is a man who
, votes, M ho is entitled to vote. These
men who had not paid their poll-tax
were not voters. Voter means a, man
who can vote. The word is defined by
the constitution, the Watts law -and
the cky charter, and.in.neitner case i3
arho has not Paid-his
po -tax. Everybody is agreed that the
poll-tax qualification is a proper pro
vie on. a man that has not paid his
E iS jUSt as much dea as if he
had died previous to' the passing
It s no such thing. It's a noun. You've
forgotten your grammar. I know you
used to be a goofl grammarian, but
you've forgotten it."
As to the question asked by his
honor, a man might fair to pay poll
tax a dozen Mays, and his name stays
jn uiB.uuufts. inai was tnt, answer
to his honor's question. Any year that
a registered voter pays his poll-tax
Tie is entitled to vote. The colonel read
from the constitution on the subject of
the permanent roll of registered voters,
showing that such were always voters,
provided they paid their poll-tax. But
they were always registered voters.
Mr. Battle insisted they were not
voters unless they voted.
"A man don't cease to be a man,"
declared Colonel Argo, "because he
don't get all he claims at some par
ticular time. A man's a man for a'
that.' Why' a man might be out of the
state and be ever so wealthy and fail
to pay his poll-tax. According to that
he, would be disfranchised. There
never has been an instance of this.
There never has been any law author
izing it."
As to the electfon being against pub
lic policy, public policy is a warrant
for doing almost anything. To say
that you won't enforce a law because
It's ag'in public policy is Ridiculous
The legislature is the judge of public
policy.
There was no machinery by which
it could be determined whether a man
naa paia ms poll-tax or not. It was
too difficult to find out and therefore
the statute had said registered voters
Colonel Argo said he even understood
that the committee having this act in
hand had erased the word qualified
and Inserted registered instead, as thev
foresaw the difficulty of ascertaining
who were qualified or not.
The Judgment
Immediately that Colonel Argo con
cluded Judge Justice said: "I expect
I know as much about it now as I ever
will. I wouM like that I could see it
Mr Battle's way. I am compelled to
hold that you are entitled to the m?n-
ucimus, and I hope. the
will overrule me."
. "They'll never do It." said Colonel
Argo. !
Ui,der9tand'" th. Judge went on,
that the question I am deciding is
entirely on the matter of poll-tax " It
was agreed that this was the singl
question
Mr. Battle stated that they would
ia"J' me question to the
court. .
Invested trust assts.
Miscellaneous
Total
$ 8.646.847.C4
.$ 1.2S9.2S5.L0
13,350.43
....$35,900,024.48
, LIABILITIES.
Capital stock paid in.. . ? 5,393,536.75
Surplus fund . 9S7.179.2S
Undivided profits, less cur
rent expenses and taxes
Paid 1.022.S52.07
Dividends unpaid 7,05.D8
Notes and bills redis
caunted 484,042.01
Bills payable 667,172.87
lime certificate;; of de
posits . 3,083,717.27
Deposits subject to
check ....... ...$20,560,999.60
Demand certifi
cates of deposits 1,301,650.77
Due to banks
and bankers 674,442.48
Cashier's checks
outstanding 138,859.28
Certified checks.. 36,816.87
The announcement is. made by the
corporation commission that Mr. J. W.
Aycock has tendered his resignation as
state bank examiner to take effect
Immediately, and that Mr.,F. J. Hay
wood, Jr., has been appointed In his
stead, to enter at once on the duties
of the office.
Mr. Aycock , resigns to become secre
tary and treasurer of the Goldsboro
Furniture Company. He was appoint
ed bank examiner last April to suc
ceed Mr. J. O. Ellington, who retired
to become an officer in the new bank
at Fayetteville. At the time of his ap
pointment Mr. Aycock was assistant
cashier of the Bank of Wayne. Mem
bers of the commission state that he
has made an excellent official and that
they regret to lose him from the ser
vice. However, the inducements offer- !
ed by the furniture people were too
great to turn down. The company
is one of the most extensive furniture
manufacturers in this section.
Mr. Haywood, who succeeds Mr. Ay
cock as examiner, is a young- man of
exceptional ability and special equip
ment for the duties of the office he as
sumes. He is a son of Dr. F. J. Hay
wood of this, city. He Is a graduate
of the University of North Carolina
and has had quite a deal of experi
ence in banking, in Raleigh, in Wil
mington and, for th,e,past several years
at Charlotte where he has been serv
ing with marked success as cashier of
j North Carolina Wake County.
In the Superior Court Before the
Clerk. . f
NOTICE.
Durham and Southern Hallway Com
pany vs.
Caswell Pollard. Thomas Surles and
wife, Hellen, Fannie Penney and her
husband, William ; Penney, Estus
Pendergraft (minor), Lydla Pender
graft (minor), Peggie Surles and her
husband, William Surles, Mary May
nard, Jackson Upchurch, Quillie
Maynard and her husband, Alley
I Maynard, Burtrice Upchurch, and
his wife, Dillie, John Upchurch and
wife, Delia, Margaret Pendergraft
and her husband, Samuel Tender
graft, Jake Maynard, Jane Marcom
and her husband, Lewis Marcom,
Winnie Maynard, Brink Maynard
and his wife, Laura,. Annie May
nard, Tabbie Nutt and her husband,
John Nutt, heirs of Winnie Surles,
deceased, (name and residence un
known), heirs of Thomas Surles, de
ceased (names and residence un
known), James Maynard, Z. M. May
nard and wife, Laura, Joseph May
nard and wife, Julia, Ashworth
Ford, Louisa Maynard, Adolphua
Maynard, Martha Bienne and her
husband, Joseph Bienne, Penney
Castlebury and her husband, Alonzo
Castlebury, heirs of William May
nard, deceased, (names and resi
dence unknown), heirs of Betsey and
Mansford Ford, deceased, (names and
residence unknown), and the heirs
of Annie and Kit Ford, deceased,
(names and residence unknown).
The heirs of Winnie Surles, deceased,
the heirs of Thomas Surles, deceased,
heirs of William Maynard, deceased,
heirs of Betsey and Mansford Ford,
deceased, and the heirs of Annie and
Kit Ford, deceased (names and resi
dence unknown), you and each of you
will take notice, and notice is hereby
given to each of you, that a special
proceeding, entitled as above, has been
commenced in the Superiol Court of
Wake county, North Carolina, to con
demn, for the puse of the plaintiff as
a right of way; on which to construct
and operate a railroad, a strip of land
100 feet wide and 4,365 feet long, con
taining 10.04 acres; as now actually
Eurveyea, , located and staked off byj
ueo. Lemmon, chief engineer,
through a tract of land formerly own
ed, by Berry Suries (now deceased).
the Southern Loan and Savine-s Ronlf
His numerous friends here will gladly ! pituate in Wilte Oak township, Wake
welcome him back to Raleigh, which
Accrued interest
positors ........
Deposits in trust.
Miscellaneous
Total
due
$22,718,769.00
de-
45,454.01
1,486,805.69
.... 1,389.97
..$35,900,024.43
Epitajphs
Bangor, Me., Sept. 1 Amone tae tn-
cient burying grounds of Maine the old
.birst Parish cemetery of York posses
wilt be his headquarters.
The statement was made yesterday
at the office of the commission that
the office of bank examiner is now
worth something over $2,300 over and
county, saia estate, bounded on the
north by the land' of Augustus Hern
don; the east by the land of J. W.
Edwards; on the south by the land of
Mrs. Nancy Morgan (nee Sears), and
on the west by the land of A. S. Sears
above the traveling expenses of the Said tract 'Of-Jand containing 2S0 acres
examiner. That is, the law provides ' more J less.
that the salary shall not be less than ! And saId defendants will further
$2,000 and expenses and the fees col-jtake notJCe that they are required to
lected from the banks run the salary I appear at the office of the Superior
to about $2,300. "Court for Wake county. North Caro
lina, on Saturday, the 7th day of Oc-
The Girl at a Base Ball Game
(Yonkers Statesman.)
Patience "So you've been to
baseball game?"
Patrice "Yes, dear."
"Was if interesting?"
"Oh, very."
"How did it come out?"
"Why one 6ide got one run and the
other got two."
"Which won?"
"The one which got two runs." v
"Yes, I know; but did the home team
win or the visitors?"
"Oh, I didn't, ascertain that."
tober, A. D. 1905, at. the court house
in said county, and answer or demur
to the petition filed in said proceedings
the , or the plaintiff will apply to the court
ior tne rener demanded in said peti
tion. W. M. RUSS.
Clerk Superior Court !
H. E. NORRIS, ' j
' Attorney for Plaintiff. !
ses a quaint individuality. Since 164S
it has eriven a nlnr-p nt roc- v.. qoH
" - -' I- Lilc ( i V. l.l . A .
who slumber within sound of Atlan- ! VVften Eve one morn, with half oped
tic. Many of its crumbling tombstones ' ees-
are nearly covered with moss. For th ' aronmg while the bees mada
II
225 SotitH Wilmington Street,
East End of Market. -
HEADQUARTERS FOR EVERYTHING
Builders' Supplies, Stoves, Cuttlery,
Firearms, Dairymen Supplies, Ready Mixed Paints,
Blacksmiths Supplies, - Contractors' Supplies.
Ask for what you want and you will get it.
Cartland
chant .
Greensboro, N. G
We lead iha Stata in Style, Pit, Quality
and Price.
of fiZo
Mer
9
rallor,
OAK : RIDGE INSTITUTE
Colleie Preparatory, Law, BooUteeptniJ, Shorthand. Si 93.00 pays
for everything for one year. llOth session opens September 4th.
Thirtyone years under present. principals. . The largest and best equipped
fitting scoool for boys Sn the South. Situated over lOOd feet above the
sea level, in view of -the mountains. Excels in athletics. For beautiful
catalogue, address ! - -
J. A. &. M. H. HOLT, Principals
(Near Greensboro) OAK RIDGE, K. C.
1 850 OXFORD SEMINARY, 1895
OXFORD, N, C.
Model Buildings With NewlEquipment
Board, heat, lights, baths, with full Literary (Tuition for
5147.50. Apply for handsomely illustrated Catalogue. -
, F. P. HOBGOOD.
school year,
President. ' '
:
CAPITAL
$100,000.00
SURPLUS
and PROFITS
$80,000.00
DEPOSITS
OVER
ONE HALF
MILLION
DOLLARS
tSfae ...
COMMERCIAL
AND
FARMERS
BANK
OF . : . "
RALEIGH, N. C.
Established 1592
i - .
Designated Depository of State
and County funds. Accounts of
Merchants, Corporations, Banks
and Individuals solicited. The."
most liberal treatment consist
ent with conservative banking
is offered to industrial and
manufacturing enterprises.
J. J. THOMAS." President
A. A. THOMPSON, Vice President
B. S. JERMAN, Cashier
H. W. JACKSON, Ass't Cashier
SAFE DEP0SITE BOXES FOR RENT
AGENTS WANTED
supreme court
supreme
Nearly 1,00 habitual criminals hre
known to the poiic of London.
epuapn collector their slabs of slate
are fertile fields.
The following: lines recite good duali
ties of one highly esteemed by his
townsmen, who could not. however, free
their tribute from glooms" teology:
in meaory of Edward Emerson, Jr., ."
Who departed on Oct. 14, A. D.. 1905.
Capacious was his mind.
Benevolent his heart.
Spotless his character-
Generous, humane and just.
But alas! how frail is man!
In an obscure corner some lone: dead
cynic slumbers, rebuking causticallv
the common vice of curiosity. One who
clears away the brambles is rewarded
with vtwo lines:
I was somebody;
"Who is no business of yours.
This roughly traced epitaph appears
on another graver '
' Mercy "Wainwright,
1715-1760.
She was good to all.
Of the opposite character is the fol
lowing inscription:
Here lies the body of Jonathan Drew
He cheated all he ever knew;
His Maker he'd have cheated too
But that his God he never knew,
vvithln a stately trvmH of
mains of Judo- n.j e, . . . I Derore her,
0 -a-vm oewe'i, a lurisi cru - u.,
Wll known
-r-r ,1 iBiicnuseitg courts.
Upon ita.wall is a record .v.
v V A. (A W
honey
(Her bed was flowers in paradise),
The htought came she was out of
money.
Her month's allowance fled away;
Her egg and butter money wasted;
Tomorrow will be bargjain day;
Her only gown the leaves she had
basted.
She knew that Adam would not give
A sou markee e'en should she ask if.
The butter cow was going dry,
There were no eggs within her
basket.
"It I amuse, he'll not refuse
No, no! Too long we have been mar
ried; To kisses he is so well used '
Their very sweetness makes him
wearied.
"Perhaps 'tis true that man Is quite
As fond of flattery as -woman;
I'll try the military flight;
If he'll not bite he is no true man."
So, rising from her fragrant bed,
She cleaved the pool for bath diur
nal; Then sought her lord and sweetly
said:
"I'd like a little money, COLONEL!"
A proud look came in Adam's face,'
He strutted, marched and whwl'
MUTUAL
Insurance Company, PHiladelpKia.
AMOST POPULAR AND CONSERVATIVE COMPANY
spNow in its fifty-eighth year o uniformly successful bus
MOST LI BERAL AN N U AL" PI VI DEN PS
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Massachusetts courts. I But the ront3 W 6mbraCe:
Is a record of th 1 But the roll of her adorer.
eedingly Liberal Agents Contracts
The above facts,' together with the I faU "
Carolina policy-hold, cause AeIn .
YAJPRtable
v . ' . to write insurance for the PF.XTM mttTTT . T
l rt r ims j
uuiebs promptly,
R. B. RANEY, Raleigh, N c k
AGENT FOR NORTH CAROLINA.
ienera: