North Carolina Newspapers

8 THE MORNING LOST TUESDAY, MARCH 27, 11)00. 111L 11 Supreme Court Decides That Aldermen Exceeded Their Authority. A NEW TRIAL GRANTED Judge Furches Wrote Elaborate Opinion. an JUDGE CLARK DISSENTED Ths Two Opinions Contain Warm Reading matter, Some Feeling Being . Exhibited Jnde lurches Says the Mayor and Aldermen Do Not Own the Street, but That They Are Held in Trust for the Benefit Vf the Public Judge Clark Says No. Such Decision Was Ever Rendered by Any Court. The Supreme Court gave the ' mayor and Board of Aldermen" of Raleigh a severe thumping yesterday. The highest court in -the State decided that the city authorities exceeded their power in attempting to make Messrs. jSherwood Htggs & Co.- remove the elec tric sign which ornaments the front of their big "dry-goods building. The court held that there was error in the trial of the case in Wake Superior Court, and a new trial was ordered. , - Justice Furches wrote vthe opinion of the courtjn an elaborate d.iscusion of the . points involved in the case. All of the judges .concurred in the- opinion save Justice Clark, who wrote a dissenting opinion. The opinion of the court, as well as the dissenting opinion, contain lively thrusts, showing more or less feel ing on the part of members of the court. The decision of the court was not rendered until late in the afternoon. Be- fore darkness had set in, Messrs. Higgs & Co. had the sign brilliantly illumined. The public was quick to realize from the early illumination that Iliggs & Co. had won the suit. Many people stopped to congratulate the proprietors. There has never been any desire on .the part of the people to have this sign, taken down, which" is as much of an ornament to the city as it is an advertisement. What he Court Decided. The following is a digest of the de cision of the court, which-was reported . for The Post by Mr. Joseph L. Sea well : W municipal corporation, being a crea ture of the Legislature,' has only such powers as are expressly given it, or such powers as are incident to or necessary in the execution' of those expressly dele gated. . . A municipal corporation holds the fee in the public streets in trust for the use and benefit of the public, and the mayor and aldermen, as agents of the city, are authorized to keep the streets and sidewalks in .such, condition as to best wrve the public welfare, but in exercis- -ing this authority they cannot arbitrari- ly interfere withthe private rights of citizens when not demanded by the pub lic interest. A property-owner has an easement in his frontage upon a public street, subject ty the government of the city in the interest and for the benefit of the public. A thing not per so. a nuisance is not rendered a nuisance by . an ordinance of the jury upon proper instruction. How the city declaring it a nuisance. A sign ard vs.. Bobbins, 1 N. Y., 63. And to hanging fourteen feet above the side- this it is replied that this would be de- walk and projecting four feet, safely con- structive of all city government to leave structed and securely attached to the wall of the building, cannot be lawfully condemned as a "projection or construe - tion, whereby the tree ana saie:be as they may But as between a. jury. passage of persons is hindered, delayed, obstructed or in any 'way endangered"; and the owner of such sigh, who refuses to remove the same, catmot be adjudged guilty of a misdemeanor for .violating the city ordinance prohibiting the ' project ing and suspendng of signs over the sidewalks of the city. The city authori ties may prohibit the projecting of such signs over the sidewalks as are danger ous, or such as tend to impede the travel of footmen, and the ordinance in ques tion is void only in so far as it violates this rule. lA city ordinance prescribing a fine of $50 or imprisonment for thirty days as a penalty for a violation thereof, is not void for uncertainty. Aldermen Do Not Own Streets. A municipal corporation is a creature rft the Legislature, and -only has such powers as are expressly given it, or such as are incident to the powers expressly given and necessary to the execution of the express powers. , It seems to be con ceded that they had no express power to pass an ordinance requiring the defend ant to take down that sign. But the State contends that the city had express authority, to open and grade Ptreets, and clear and -keep clear the streets and sidewalks of all obstructions; that the city is the owner of the streets and sidewalks cujus" est solum ejis est usque ad celum, and that the? city author , ities have the absolute right to remove any permanent fixture upon'oi; over the streets and sidewalks; that they have the same rights of property over the sidewalks of the city that a private citizen has over nis lana, anu, naving or in the air above it more than belongs this right, they have, the right, by the;to all alike is a mere, tacit license from exercise of their arbitrary power, to re quire the defendant to take down his sign. ( The fallacies of these contentions are -that the mayor and aldermen of the city of Raleigh do not own the streets, and sidewalks; that while the fee may, be in i si the city, it is held in trust for the use and benefit of the public; and the mayor and aldermen are but the agents of the city; to look after the "condition of the streets and sidewalks for the use and benefit of the public, and they have no power arbitrarily to do anything which interferes with the right of the citizen that the public has not and cannot have any interest in But the defendant, besides his general interest which he has in common with the public generally, is an abutting own er to this street and sidewalk, and in this way has a special property an ease nient in his footings upon the street Ahite vs. Railroad, 113-N. C, 612; Moore vs. Carson,' 104 N. C, 431 And if the sign in no way impeded or tended to impede travel, or in no way endangered-the safety of pedestrians in passing over the sidewalks, as they are wont to do, then the city had no right to require him to take it down, and it was no offense in the defendant to re fuse to do so, and he would not be guilty of any criminal offense. It is only the violation of . a legal ordinance that is a criminal offense The sign is fourteen feet above the sidewalk, and of course cannot be an ob struction to pedestrians, and it is shown to be perfectly secure and in no danger of falling. But the State contends that the chat ter (section 79, paragraph 6) authorizes the aldermen to condemn this sign and to require its removal, and that they have done so, and that defendant, was properly convicted. We do not think so We are of the opinion, as we have said that a fair and reasonable interpretation of the statute does not sustain the State's contention. The governing bodies of cities and towns are vested with what is known as police powers, and the may do many things under and in exercise of this power. But still they must act within the scope of their delegated powers, or their acts are utterly vires and void. They cannot do what they are not au thorized to., do ' by their charter or by the general (law of the land. If a thing 'within itself not a nuisance, they can not maiie -tn so uy saying it is; ana 11 this sign fe securely attached and fas tened to ' the building by iron bars and fastenings,so that there is no danger of its falling,; the city authorities eautsot make it dangerous' by saying it is. State vs. Webber, 107 Nt C. This question of overhanging signs has been elaborately and ably discussed in Goldstrow vs. Duckworth,. S. Q. B., Div. 273, and very iaueh the same views are taken in that case, as to such signs, as are taken in this opinion. ., - But it is said by the State, ainong many arguments it makes for the sup port of the judgment below, that to hold that the city had not the power to ..nave this sign taken down would ;stroy all city government. We do not think so. But it must be kept in nirid i.hat the power of the city government s n )t all that is to be considered in deciding this case. The rights of individual citizens are also" to be considered, and they are of equal importance and probably more in need of the protection of the courts than the mayor andJ Board of Aldermen of the city of 'Raleigh. The court holds that, upon the evi dence in this case, the court below should have instructed the jury that if they believed all the evidence, the de fendant was not guilty. But if there had been evidence tending to show that the sign was an "obstruction" .to foot men on the sidewanlk, or tending to show that it was dangerous to the travel ing public, it would have been the duty of the court to submit the question to such questions to the jury. We do not think so. But, as we have said, if it is ; law, it must be so held, let the results under restraints of an oath, and the instructions of a judge, we think the citi zens' rights would be more likely to, be protected than they would by the un controlled authority of the city govern ment. Jndse Clark's Lively Dissent ' Judge Clark, in his dissenting opinion, says No provision of the Constitution can be found that forbids or even makes doubtful the right of the people of this State, speaking through their representa fives in the General Assembly, to au thorize aldermen or commissioners of any town or "city to borbid the swinging of signs across the street. Certainly none has been cited. The people of Raleigh, acting through their duly elected aldermen, should cer tainly be able to decide whether they wished these signs removed of not, . and if the aldermen do not correctly express public opinion, thej next Board of Alder men will permit the swinging signs to go back. Local self-government demands that much. The people of anyxtown can decide such questions" for themselves bet ter than the courts. It is hardly to be conceived that any part of the functions of the Supreme Court of a State is to act as a supervisory board of public works to pass upon, restrict or veto the 'action of the Board of Aldermen of any town upon such matters as the present The defendant has no property rights in the streets more than any one else who - uses them. His land ends where his deed calls for, i. e., at the edge of the silewalk next to his store. Whatever the town, revocable at its will. Concluding, Judge Clark says there are no decisions found from any court that "sustain the contention that the ; town authorities do not posses the power to pass the plain, unequivocal ordinance (which is here called in question) that! 'all signs suspended over the sidewalks of he city of Raleigh shall be removed by August 15, 1800.' No court till now has ever questioned such power, though it nas been exercised for centuries in the home of the common law. In the case of Tate vs. --Greensboro, 114 N. C., 392, it was' held thaHhe dis cretionary power; over the streets au thorized the town council tn rpmnvp shade trees against the protest 'of the owner of the abutting lot- The right to open new and close-old streets is certainly greater, than the power of removing signs that obstruct the view and impede the circulation of air and light. The right of "superin tendence of streets," thus fully recog nized by both courts, extends like the de fendant's ownership of his ownjot, usque ad corluin. The city authorities are not chained to surface improvements, but can rise to the level of the occasion. THE CENSUS OFFICE. Beginning with Nothing, in Fifteen Months It Has Become an Efficient machine - To build up" a great -office like the Census Office in fifteen months from absolutely nothing to tan efficient ma chine, employing about three thousand men in Washington and about fifty thou sand elsewhere in the country, is a dif ficult task, and entire success is out of the question. The office naturally com pares itself with the stage of prepara tion attained at the same period - ten years ago and tried by this test," it has gained several months on its predeces sors. One of the problems before it is how to put in the time thus secured in such a way as most to benefit the Cen sus. In the Agricultural Division the need of time for preliminary work is perhaps as great as anywhere in the Census Of fice. Farmers, as a class, do not keep their accounts as well as manufacturers, and the returns from farmers may occa sionally include serious errors whieh a trained eye will at once detect. Hence the farm schedules mustbe examined and such errors corrected before the ta bles can be made up from them with safety. If a farmer reports that his land sown to wheat was ten acres and the yield four thousand bushels, it isdear that an averaee vield of four hundred bushels to the acre ?s incredible, and must be rejected or corrocd in aecord ancevwith the probabilities. Sometimes the truth can be made out by an expert frcm comparison with entries in other parts of the schedules; sometimes cor respondence must be opened to settle the doubt. All this ranks under' the general head of verifying the schedules, and the Agricultural Division plans ' to give all the time iiossible to. the work of verifying each of the millions of farm schedules. To accomplish this in 'the time allowed, the work of several 'Imtv dred clerks will be required, and they must have hard and fast rules to guide them. . For example, they might be told: When the wheat reports show a product of over forty bushels to the acre,; they are suspicious and must' be laid aside for an expert to pass upon. But any such rules must vary with the section of the country. A yield f tweiJ ty bushels in .one section might 1 1 be more questionable than a yield of forty bushels in another. Hence the division must 'fix in advance what is the range of reports in each part of the country and for. each crop that may be accepted as probable on their face and not'; re quiring special examination. To -;get the limits of probability for this purpose foreaeh county in the United States, that is, the maximum and miniiiSnm yield' and the maximum- and minimum price which may be accepted without verification, is the object of ah extensive correspondence now being carried on-by the Agricultural Division ilnder tae;di-l reqtion of Mr. L. G. Powers, chief, sta tistician in charge of that division. Three simple schedules have been ' pre pared ' and printed on different colored paper inj order that they may be readily distinguished one from another. One of them covers ordinary garden vegetables, a second covers fruits, and the third the great staple field, crops. Each asks about the units of measure employed and the net price realized, and the -two more important schedules, those for ' staple field products and for vegetables, ask for the highest Itnd lowest yield of each crop, per acre. These schedules are be ing mailed to prominent- farmers all over the country and in many instances returns have already been received. When the returns have been received and tabulated, a scheme will be made from them of what is to be accepted as correct in each case and wrhat Js to be probed farther. The only aim of the office is to get what was really the in tention of the farmer . in answering the questions. If the presumption is strong ly against his meaning what the schedg ule says, the office will try to learn by correspondence from the supervisor or therenumerator. or the farmer himself what the real facts were. v ; Ifsthe farming public will continue to co-operate with thev heartiness already displayed, this eff orr -AVill result " in . a more trustworthy census. Farmers, as a class, are less able tP co-operate than the representatives of anyother great industry .r Hence the Census. Office can do more for them than it cai for cen tralized iines of business, which can am do make their own investigapons, and it will do its bestr to presents .full and accurate photogi-aph of this leading oc cupation. The director of the census urges every- one interested td aid the work. V Glorious Mews Comes' from Dr D. B. Cargile, of Washita, I. T. He writes: "Four bot tles' of Electric Bitters has cu ed Mrs. Brewer of scrofula, which" had caused her great suffering for years. (Terrible sores would break out on her nead and face, and the -best doctors could) give no help; but her cure is complete and her health is excellent." This showp what thousands have proved that Electric Bitters is the .best blood purifier inown. It's the supreme remedy for ecina, tet ter, salt rheum, ulcers, boils. and;running sores. It stimulates liver, kidneys and bowels, expels poisons, helps- digestion, builds up the strength. Only 50..' cents. Sold by druggists. Guararieed..""" NEW HOSIERY MILL To Be Located on Dawson and Lane Streets. WORK TO BEGIN AT ONCE ItirXharles E. Johnson Resigns as President and Mr F. T. Ward Elected to Succeed JHim Committee Appoint ed to Contract for a Two. Story Brick Building and to Order the Machinery. The directors of the Melrose Hosiery . Mills held an important meeting yester day at the office of Mr. Charles IB. John son. ' : ; The site of the. colored Episcopal Church on Dawson, Lane and North streets has been acquired, and the direc tors decided yesterday to build the fac tory at once on that location. Mr. Charles E. Johnson, the president of the new mill, tendered his resignation, and Mr. Frank T. Ward was unanimous ly elected president in his stead. Mr. Johnson tendered his resignation because he is unable to devote the. time-to the new enterprise which he believes should be given it. Mr. Johnson is frequently called out of the city on railroad mat ters, being closely identified with the re organization of the Seaboard. His resig nation was accepted with regret. Mr. Ward was the unanimous choice of the directors. It was decided to erect a two-story brick building for the mill, and a com mittee was appointed to contract im mediately for vthe construction of the building and the purchase of the neces sary machinery. The committee is com posed of Resident F. T. Ward, Mr. J. S. Wynne and Mr. Van B. Moore. The site selected is an admirable one. It occupies anentire block, and a Sea board sidetrack passes immediately by it. The property was acquired on reasonable terms. The church has secured a loca tion in the southwestern section of the city and will move the church building to it. The factory, building will be ah 'up-to-date one, " and will be built specially for the needs and requirements of the mill. The new mill, which is capitalized at $25,000, is one of the best officered en terprises in Raleigh, and starts off under the most favorable auspices. The offi cers, are:. Frank T. Ward, president and treasurer r J - S. Wynne, vice-president; J. W. -'Hal-den, secretary. The directors are: Charles G. Latta, Charles E. John son Van B. Moore and N. W.;West, in addition to the officers. There are a 'few shares of stock un subscribed, and the first offers will ' be taken. - BUTTER VS. BUTTE BINE An Object Lesson on the Small Value of Counterfeit Labels. A Washington special of the 23d says: As in the kindergarten it is customary to teach 'by pictures and objects which can be , ' seen ' and handled, so Charles ' V. Knight, who represents the dairy inter ests in their fight for a law against but terine, approaches the members of .Con gress with an object-lesson. With an ingratiating smile, he vill draw from his pocket two packages of bright new bills.' The sight of new money" always rivets" a Congressman's attention. Mr. Knight holds out the packages' one in each hand. They look just alike, but the. band of paper which holds one of the packages together contains in large red letters the legend: "Counterfeit." The bills, as a matter of fact, are all per fectly good but for the sake of argument one package is supposed to be counter feit." , "Now, would Congress pass a law per mitting this bundle of counterfeits to be put into circulation, merely because it is labelled?" asks Mr. Knight of the country Congressman. "The bills are just alike, but this bundle' is labelled. Now, the first unscrupulous man who gets the bundle tears off the label and puts the bills, into circulaton. Would the law permit that? Never. That ;s analogous to the case of butterine. The law allows it to circulate because it has a . flimsy little label on it. We propose to have the law changed so that the limitation -article- cannot profitably 1 be made Nobody has a right to counter feit butter and , put it into circulation." The Grout bill seeks to put a tax of ten cents a pound on butterine colored to represent butter. The farmers and dairy people are very well organized, and the butterine people, in order to ocat their bill, will have to make a de termined fight. The Coming Solar Eclipse. (New York EveningJ Post.) , ";The total solar eclipse of the 28th of next May is already well attacked by the astronomers. Sir Norman Lockyer has issued" a second edition of his "Re cent Forthcoming Eclipses" (1893 to 1003) ; a new edition of Mrs. Mabel Loomis Todd's "Total Eclipses of the Sun" is just published by Little, Brown & Co., and two lesser works in eclipses are also offered. The coming eclipse will attract many expeditions to the field, the first to take up its station be ing the 'Lowell Expedition, sent out from Amherst, and which is already lo cated at Tripoli in Barbary, in charge of Trof. David P. Todd. Mr. Percival Lowell, now in the south of France, joins the expedition subsequently. Pro ceeding westward in the order of the-re-gions chosen, Prof. Turner of Oxford will occupy a station in Algeria; the British Astronomical Association which did such good work under Mr. Maun der's generalship in India two years ago, will be represented in the neighborhood of Algiers; Sir Norman Lockyer 'will, as in 1S9G and 1S08, lead a large party CATARRH CAN ohnston's QUARTCBOTTLES. DANGER IN THE EARTH AND AIR; DANGER EVERYWHERE.' A Wise and Venerable Doctor Talks about Advanced Science, In a leading- hotel, in a great city, a famous and aged physician was convers-" Ing;. Listening" to his wise and-sententious discourse, were a group of weUr dressed men, evidently lawyers, business men and commercial travelers. I My firm belief, is "that medical science is certain yet to phow that all dis eases without exception are caused bv invisible germs which are living organ-1 isms. Here is the germ of that terrible disease diphtheria. Here is the bacillus ' of typhoid fever; and here is the still more dreadful bacillus of tubercle which causes that most destructive of all diseases, consumption, r This of that very common and supposed incurable disease, catarrh." 44 1 wish. Doctor," said the traveling man, "that you would tell us about catarrh. I have had it for years, and I am thoroughly discouraged." " The Doctor answered. "Catarrh, like diphtheria, consumption, typhoid fever, and a host of other diseases, is the result of a microbe invading the blood and attacking- specially the mucous membrane. This fnnl disease is especially, prevalent in the United States and it is rare to meet one f who is not, or has not been troubled more or less with it. How often is he or i she obliged to remain at homejrom pleasant entertainments, deprive themselves-, of many intellectual treats, from fear of the disagreeable odor arising- from ca-j tarrhal affections, v In its worst phase, the patient becomes loathsome both to ! himself and his friends. ' j l Lbelieve," continued this great physician, "that the true way to heal ca-j tarrh is tcTmedicate the blood. This can be done only by powerful alteratives which act as blood purifiers." Betsy Ar Mare tt, of Manistee, Manistee Co., Mich., ; writes: , j Dear Sirs: For ten years I was a sufferer from general debility and chronic' catarrh. My face was pale as death. I was weak and short of breath. I could S hardly walk, I was so dizzy and had. a ringing in my head all the time. My hands and feet were alwa3s cold. My appetite was very poor. On getting up. in the morning-, nay head swam so Iwas often obliged, to lie down again. I had awful pains in the small of my back, v 1 had a continual feeling of tiredness. My muscular power was almost entirely gone, and I couldn't go half a dozen ' steps without stopping to rest, and often that much exercise caused me to have a pain in my side. It seemed as though the blood hadleft my veins. The doc tors said my blood had all turned to water. I had given up all hope of ever get- ting well. ) I tried the best physicians in the state, but failed to get any relief. -My husband got me a bottle of Johnston's Sarsaparilla. I took it, and then I ; bought another. When these had been used, I was somewhat improved in' health. .1 continued its use, and felt I was growing stronger; my sleep was re freshing, and it seemed as if I could feel new blood moving through my veins. I kept on taking it, and now consider myself a well and rugged woman. I work all the time, and am happy. I am positive that the Sarsaparilla saved my life. The sick headaches I have had since childhood, have disappeared, and my ca tarrh has almost entirely left me. I cannot be too thankful for what Johnston's1 Sarsaparilla has done for me. I recommend all women who have sick head aches to use your Sarsaparilla. - ' nxxcx3:x3LVJV idxvctg- compawt . Detroit, bxxczz. The Bobbitt'Wynne Drug Co., Raleigh, N, C. to Alicante, on the east coast of Spain; at Talavera, southwest of Madrid, the amateurs of Cook's tourist party will assemble.? Count de la Bauirie Pluvinel of Paris also will occupy this region, as likewise M. Henri Deslandres of the Observatory of Deudon, Paris; and on the west coastf of Portugal, where , the duration of totality is the longest of all land stations, the Astronomer Royal, Ml. Christie, will establish the official party of the Greenwich Observatory. Mr. John Eversfied, who achieved very fine results with his battery of spec troscopes in 1898, will again be in the field, attempting to establish himself just within the evdgeof the shadow path rather than near its center, and hoping thereby Ho analyze the light .from one of the "poles of the sun. Proeeding still farther west, the Atlantic . Ocean con sumes the best part of the track of this eclipse, which does not again touch land till the vicinity of Norfolk is reVehecL Thence it passes very nearly southwest erly, the eclipse being total at Raleigh, and New Orleans, besides a host of les ser towns throughout the .Carolinas, Georgia, Alabama, Mississippi dnd Lou isiana. The average length of1 the total phase in these localities isoiot far from lm'. 20s., and if-skies are kindly the nu merous expeditions cannot fail to secure results of high importance, as was the case in the American eclipses of 1SG9, 1878 and 1889. The Lick, Yerkes, Low ell, Flower and Chabot Observatories, together with those at Cambridge, Washington, Princeton, Northfield, and the Massashusetts Institute of Technol ogy, are among ine msuiuuuiis uueauj preparing their outfits for the highly specialized problems of eclipse research es. Weather indications of the " past three years point to eastern Alabama and western Georgia as the regions of America least likely to cloud obscura tions. . v ' Low Wages in Japan. "Chances for Young Men in the Far East," writes from Japan to the Satur day Evening Post: "Mechanics .are paid less than twenty five cents a day; carpenters and plaster ers receive twenty-one cents; stone-cutters and masons twenty-three cents, and bricklayers twenty-four cents per day. Shoemakers are paid seventeen cents, paperhangers twenty-one cents, jewelers twenty-one cents, and saddlers and harness-makers twenty cents. Those who make tobacco and cigars get seventeen cents, compositors and printers seventeen cents, and blacksmiths twenty cents. Taitors w-ho make European cjothes re cpive twentv-six cents, and common Kvorkmen, who do the hardest of manual labor are paid twenty-one cents per day. On thel farms men are paid thirteen cents and women receive eight cents pel day. Of the weavers, men get twelve cents and the women eight, cents a day, and in other manufacturing industries about the same, the wages ranging from ten to twenty-five cents, with less wages for women and children, the-latter often receiving not more than five or six cents a day. These wages, it must be remem bered, are the average-wages over the empire. In some of the cities they "are higher, and in others lower." Capacity for Self-goTernment. (Providence Journal.) The anti-expansionists have the idea that because the Filipino is a deft per son, with a great capacity for picking up new accomplishments, he is fitted, for self-government. The negro is a ,jpood imitator. The Japanese is unexectd51 in the capacity for acquiring . new arts quickly. There is no more skilful work man in many branches of - involved in-, dustry than the Chinaman. The cairaeity for orderly self-government appears to be a separate f acuity,- not necessarily limited- to thoge who do not ppssess mere mental deftness and manual agility but by no means present wherever these qualities are to be found. . For Drunkenness and rug using. Please write as. Correspondence confidential. - THE " KEELEY INSTITUTE, Dept. I... Greensboro.N.C Our illustrated! me Handbook' Sent Free On ReauesU BE CURED BY Sarsaparilla IS AFTER THE SHERIFFS Judge Hoke Jerked Up Two in His Court Yesterday, Wake Court Did a Land Onlce Bastnes Yesterday A. White ITIan Got Four 1l ears for False Pretense i Judge Hoke ussued judgments nisi fo$ $100 each against the sheriffs of Rich mond and Ciimberland ennnrips vpntpr. day for failure to return capiases in cases' on the criminal docket of Wake court. The sheriff of Cumberland county fauN ed to return a sci. fa. and capias in the case of State vs. W. E. Blue, and the sheriff pf Richmond county was neglit gent to the same extent in the case o The State vs. E. D. Huntley. l The papers in the case against Broadirt Moring, suspected of the murder of his father, Solomon Moring, will not go tu the grand jury until the July term, and, unless something tangible turns up in the meantime, the case may never be brought up. The mystery of Moring'a disappearance is still unsolved. s The following cases were disposed o at yesterday's session: v State vs. Ernest High, carrying con cealed weapon; guilty; $1 and costs. State vs. J. H. Jackson, false pre tense; guilty; four years in State penitentiary.- - State vs. Charles Harvey, assault with n rlAnllir ...... . ! 1 J . C "1 1 j State vs. Levy Cotton, larceny; guilty; twelve months on the roads. State vs. Frank R. Taylor and Frances Rich, fornication and adultery; two months each. ' State vs. Lunsford Davis, assault with a deadly weapon guilty; sixty days on the roads. State vs. James Conny and Bettie Par rish, fornication and adultery; guilty; former four months on roads, latter two months in jai. State-vs. John Dunn and Delie Leo, fornica-feion and adultery; guilty; former six months in. jail, latter thirty days in jail. , ' State vs. Cattie E. Bynnm and Walter E. Harvey, false pretense; not guilty. State vs. Amos Morgan, larceny; guil ty; twelve mouths on the roads. Morgan is the negro who robbed Mr. Bretsch'g bakery and assaulted him. State vs. Sue Lindsay, Harriett Whita ker, Will Brown and Lewis Jones, lar ceny and receiving stolen goods; not concluded when court took a recess. The trial of George Lee, the 14-year-old negro charged with poisoning the family of Green Hobby, was set for Fri day next. ' '' A Card. . Mr. Editor: ; I have just seen a letter written by the Hon. Kope Elias, of Macon county, to a friend of mine, in an adjoining county (and this gentleman is a prominent man), in which he staff that I have withdrawn from the rare for fVirnnrntion ('nmmissi'nnw inl sists on this gentleman. my friend, giv-. ing' his influence and support to my friend, Rogers, for the place. .'I desire, to state that I thave never for oneino ment thought of wifhdrawing from th' race, but am Still a live candidate m to the finish. And I also propose to make n -fail . finrl rmrrm-1l rttfu mul t feated will come back to 'Buncombe county the same (and if possible a bet ter) Democrat than ever and , vote the straight Democratic ticket, as I have always done. My-party will not have to look back for me. I will "be in the thick-, est of the fight. Whether its, nominee or not,, giving my t ime, money and wantever ability I pave for the accom plishment of the enMi and purposes for. which every true white man in North' Carolina should strive, the adoption oC the r-unHtlltlATial amanrlmanf U V! . V. . - Ll..V'V.lH. (I (111 1111 II J I 111- I 111 I III. and this alone is my only candidate. Respectfully, ' JOHN M. CAMPBELL Asheville, K. C, March 20, 1000, 7