PaB Leased Wire Service of the Associated Press.
Leads all North Carolina 'Afternoon Papers in Circulation.
LAST EDITION. 1
ALL THE MARKETS.
THE RALEIGH EVENING TIMES
VOLUME 27.
TWELVE PAGES TODAY.
RALEIGH, N. C, TUESDAY, DECEMBER 18, 1906.
TWELVE PAGES TODAY.
PRICE 5c.
REPORT OF METCALF
UPON THE EXCLUSION
OF JAPANESE PUPILS
Laid Before Congress in
Special Message From
fhe President
1 it seeqfc to me,
I the federal government to afford
1 1 protection.
I may moVr;
DISCRIMINATION SEEMS
GONFINED TO ONE CITY
it Is clearly the duty of
such
All considerations which
i nation, every consideration
..e ,1,,!,- It, I h, nl'LlCAMMMflll .if nil!
I treaty obligations, every consideration
prompted by fifty years or more of clos
friendship with the Empire of Japan,
would unite in demanding, it seems to
me. of the United States government
land all its people, tile fullest protection
j and life highest consideration tor the
subjects ot .lapnn.
Ami That City Is Sun Francisco
Japanese Ait' Admitted to the
.State and Stanford Universities
The President Expresses the Hope
That K Suit to Test the Const 11 u
t tonality of the Act of the San
Francisco School Hoard Will Be
Unnecessary Military and Civil
Power of Federal Government
He Invoked Should it Become Nee
SEVIER SECOND VOTE BEGUN FOR CRY FOR FUEL
VICE PRESIDENT NEW OFFICERS BY NORTHWEST
And Traffic Manager of the For Ihe New York Life and Hansbrough Called to Con
SUPREME COURT WILL
NOT SAVE MURDERER
FROM JAWS OF DEATH
Seaboard System
Mutual Life
fer With Roosevelt
SUCCESSOR OF COST MANY VOTE BY PROXY PRESIDENT WILL AID
essary to
Violence.
nv
Protect Jnnane.se From
Secretary Metcalt" Report.
Concerning the school situation Sec
retary Meted it says to the president
under date of November 29:
in my previous report 1 said nothing
as to the causes leading up t. tho ae- j
lion of the school board in passing the
resolution of October 11, and the effect
of such action upon Japanese children,
residents of the city of San Francisco,
desiring to attend the public Behoofs of
that city, A report on this matter will.
Row be madi. therefore' and after de
scribing the local public sentiment
concerning t lie recent disturbances 1
with regdrd to the Japanese, an ae-'
count will be given, first, of the Boycott
tii maintained by the Cooks and Waiters!
rnion of San Francisco against Japa-
nese restaurants dolus business In that
First Vice I 'resilient Garrett An
nounces That Mr. Sevier, Who
Comes From the Alabama South
ern, Will Assume His Duties on
the First of the Year.
Rallorinx in the New Y: rk
tiini Began Early .
("as! in the FirM He;
Mutual
Heavy.
the Ballot i
i.ifc Kin -;
i.v Votes
i In the
s Xot So ;
HALL CASE DECIDED i Hodge, Wife Slayer of Dur
ham, Loses His Last Hope
Meanwhile l!:iiis)ii-o:nh Has n IMan
to Force the Railroads by l.egishi-j
tive Action to Anticipate Extra
ordinary Movements of Fuel,
Grain, Kic.
No Error, Says Court
Lyncher's Case
in
(By Hie Asso
Norfolk. Vji., Dec
i.v announced today
of V. A. (laired,
and kciii nil ihanaf
Alt' Line Railway,
Pirmlnghani. Ala.,
vice president and
the Seaboard from
rns 13. P. cost. wh
manager of the Kims
Hallway. Mr. Sevier
freight agent of the
Muted Pres
IS.- it was iiffici
from the office h
first vibe presid
er of tin' Scab..:
that I.. .Sevier.
will beconn
traffic mat
January i.
wine
Ond
of
ed -ifflc
now
iouln
gen
Alabama
city; and, second, of the several cases
j of assault or injury inflicted upon the
persons or property ot Japanese resi-
W.ashington,
Roosevelt's
the Associated Press.)
Dee. IS. President
message to congress on i
the exclusion of the Japanese from
the schools of San Francisco was read !
in congress today. The message was
accompanied by the report of Secre- j
tary Metcalf on the situation. Both I
follow:
To the Senate and House of Represen
tatives: 1 inclose herewltn for your informa
tion the final report made to me per
sonally by Secretary Metcalf on the
situation affecting the Japanese in San
Francisco. The repoit deals with three
matters of controversy first, the ex
clusion of the Japanese children from
the San Francisco schools; second, the
boycotting of Japanese restaurants,
and. third, acts of violence committed
against the Japanese.
As to the first matter, I call your es-
nccial attention to the very small num
her of Japanese children who
school, to the testimony as to the
brightness, cleanliness, and good be-
bavior of these Japanese children in i
the schools, and to the fact that, owing j
to their being scattered throughout the j
city, the requirement for them all to
go to one special school Is Impossible of
fulfilment and means that they can not
have school facilities. Let me point out I
further that there would be no objec
tion whatever to excluding from the
schools any Japanese on the score of
age. It is obviously not desirable that
young men should go to school with
children. The only point is the exclus
ion of the children themselves. The
number of Japanese children attending
the public schools in San Francisco was
very small. The government has al
ready directed that suit be brought to
test the constitutionality ot tne act m
ouestlon; but my very earnest
that such suit will not bo
dents. .
It seems that for several years the
board of education of San Francisco
had been considering the advisability
of establishing separate schools for
Chinese, Japanese and Korean chil
dren, and on May G, 1905. passed the
following resolution:
"Resolved, That the board of educa
tion is determined in lis efforts to ef
fect the establishment of separate
schools for Chinese and Japanese pu
pils, not only for the purpose of re
lieving the congestion ut present pre
vailing in our schools, but also for the
higher end that our children should not
be placed In any position where their
youthful impressions may be affected
by association with pupils of the Mon
golian race."
And on October 1 the board passed
the following resolution:
"Resolved, That in accordance with
Article X, section 16C2, of the school
law of California, principals are here-
atlencl j by directed to send all Chinese. Japa
nese, or Korean elllKiren to tne oriental
public school, situated on the south
side of Cury street, between Powell
and Mason streets, on and after Mon
day. October 15. 1906."
The action of the board in the pass
age of the resolutions of May G, 191)5,
and October 11. 1906. was undoubtedly
largely influenced by the activity of
the Japanese and Korean Exclusion
League, an organization formed for the
purpose of securing the enactment by
the congress of the United States of aj
law extending the provisions of the e
isting Chineses exclusion act so as lo
exclude Japanese and Koreans. The
league claims a membership In the
state of California of 7S.50O, three
fourths of which membership is said to
be in the city of San Francisco. The
membership Is composed almost entire
ly of members of labor organizations.
on 2, article 2, of the constitution
alio
Southern Railroad at Hiriningham:
His formal election by the Seaboard
directorate will occur in New York on
Thursday.
It was also officially announced to
day Urn o. B. Bldiyell, freight
agent of the Seaboard Air Llm
resigned from January 1 to b
auditor of the Merchants & Miner.;
Transportation Company at Baltimore.
Mr. indwell's successor lure will be
named by General Manager Garrett,
but it was said from Mr. (larrett's of
fice today that no one had been selected
for the position as yet.
THAW TO BE TRIED
LATE IN JANUARY.
(By the Associated Press.)
New York, Dec, IS. Harry K.
Thaw will be tried on January 21st.
on a charge of the murder of Stan
ford White, according to an ordtir
signed by Justice Newburger today.
The trial will be before Justice
Fitzgerald.
( By the Assoc lai
a'cv York, Dec. ! Hi
new officers of the N
Insurance Company ;n
Lit.' Insurance Co;
promptly today. 1 n I 'i
Now Yoi'l; Life nearh
thousand ballots erc
fore i he end of the firs
ticully all of these vote
proxies. Kepjienntuth
ministration ticket. " madi
en! officers of the loiupi
in 1 1 e.000 proxies at 6:i
a tew mordents later uic
ess,)
llotiug fa."
York Life
lit) Mutual
ly began
Ices, of the
) hundred
in be-t'rac-
;asi by
10 "Mr
j! of U."v
y, turned
lime, and
p.i-ndmiu-
has 1st ration party handed in ten boxes
come containing' :l,500 proxies each. Those
proxies have, not yet been accepted.
rneq
fiti f.
. oi
however:
Ity having
they were
I question us
arisen from
handed in h;
o their legal
the fact that
private par
ties.
Staie Stiperinlendciii of Insurance
Kelscy was present with several of
his deputies when liie voting began.
Superintendent Kelse.i has in his pos
session 190.000 ballots which he will lent conditions.
fBv the Associated Press.)
Washington, Dee. IK.-That Presi
dent (loose veil has taken li deier
. mined Interesi with a view la finding
I ! g'islalive remedy lor i iic Mir shorl
age in ihe northwest, which now
threatens the people with freezing
and BttirVatlOn because ihe railroads
ere unable to transport fuel and food
ie the-ni was indicated by a confer
ence at the white house loduy.
The president sent for Senator
Hansbrough and asked hint whether
i he actual danger of suffering
great as has been reported by press
dispatches and telegrams from indi
viduals. The .North Dakota senator
reported that from dispalcb.es he has
received the statement of conditions
j in his state, Minnesota and in South
Dakota had not been exaggerated.
The president promised to give the
question his personal attention with
j view to alleviating tiny immediate
suffering, and said he desired Seha
! lor Hansbrough lo devote time and
; thought to some legislative remedy
in order lo avoid recurrences of pres-
Quc&tlon Whether or Xot Governor
Can t all n Special Term of Court
While Out of till' State Not Passed
I'pou Fxceptlon Was Not Prop
erly Taken.
is years
day. These bal-
Kelsey direct by
GENERAL STRIKE
AT ITALIAN PORTS.
(By the Associated Press.)
Rome, Dec. IS. A general strike
has been proclaimed in all the ports
in Italy, and serious injury to com
merce Is beginning to result. This
general movement is an outcome of
the recent strike on the part of the
men employed on trnns-Al lnntie
steamers, which begun at Naples and
Genoa.
; hope is 1 ly of
ecessary, Seel'.
and that as a matter of comity the cit
izens of San Francisco will refuse to
deprive these young Japanese children
of education and will permit them to
go to the schools.
The ouestlon as to the violence j I'nited
against the Japanese is most admirably
nut hv Secretary Metcalf. and I have
of the league Is as follows:
"The league as such shall not adopt
any measure of discrimination against
any Chinese, Japanese or Koreans now
or hereafter lawfully resident in the
States."
Yet, on October 22, 1905, at a meeting
of the league held in San Francisco, as
nothing to add to his statement. 1 ani I reported in the San Francisco Chron-
entirely confident that, as Secretary
Metcalf says, the overwhelming senti
ment of the state of California is for
law and order and for the protection of
the Japanese in their persons and prop
erty. Both the chief of police and the
acting mayor of San Francisco assured
Secretary Metcalf that everything pos
sible would be done to protect the Jap
anese in the city. I authorized and di
rected Secretary Metcalf to suite that
If there was failure to protect persons
and property, then the entire power of
the federal government within the lim
its of the constitution would be used
promptly and vigorously to enforce the
observance of our treaty, the supttme
law of the land, which treaty guaran
teed to Japanese residents everywhere
in the union full and perfect protection
for their persons and property; and to
this end everything in my power would
be done, and all the forces of the United
StateB, both civil and military, which
I could lawfully employ, would be en -ployed.
I call especial attention to the
concluding sentence of Secretary Met
calf's report of November 26,' 1906.
THEODORE ROOSEVELT.
The White House.
December IS, 1906.
The concluding paragraph ot Mr.
Metealf's report follows:
"If. therefore, the police power of
San Francisco Is not sufficient lo meet United
the situation and guard nnd protect
Japanese residents in Sun Francisco, to
whom under our treaty with Japan we
guarantee 'full and perfect protection
for their persons and property,' then,
icle of October 23, 1905, a resolution was
adopted by the league instructing its
executive committee to appear before
the board of education and petition tor
separate schools for the Mongolian
children of San Francisco.
Prior to the action of the league, the
board of education, as 1 am informed,
received many protests from citizens
of San Francisco, whose children were
attending the public schools, against
Japanese being permitted to attend
those schools. These protests were
mainly against Japanese boys and men
ranging from 16 to 22, 23, and 24 years
of age attending the primary grades
and sitting beside little girls and boys
of 7 and 8 yeais of age. When these
complaints became known to Japanese
residents, I am Informed that some of
the older pupils left the primary grades.
On the day when the oder of Octo
ber 11 went Into effect, viz, October 15,
there were attending the public schools
of the city of San Francisco 93 Japa
nese pupils. These pupils were distri
buted among twenty-three schools of
the primary grade. There' are eight
grades In the public schools of San
Francisco, the first grade being the
lowest and the eighth' the highest
graduates of the eighth grade going
Into the high school. Of this total of
ninety-three pupils, sixty-eight were
born in Japan ond twenty-five In the
States. Those born in the
EXPLOSION IN A MINF
Two Men Badly Injured in
Enormous Shaft
One of Them, Thomas K. Wright,
Loses an Eye and an Arm and
May Die From the Effects of His
Hurts.
turn in later in tin
lots were sent to Mr
policyholders.
At the home offices of the Mutual
Life Insurance Cftlnpauy the early
voting whs iiol so '.vy. The first
ballots deposited' ivV.-o a lot or about
thirty thousand, representing the for
eign proxies held by the officials of
the company. A representative of
,the company said thai a great many
of the foreign proxies came from
France,
Objection to Proxies.
Among those who appeared
at the New Vei l
men, each ot
each containing
ies. Samuel l'n
International Pi
tee. objected to
oclved. They v
ally notwitlistai
of the men v he
closely questioned
under oath. The;
ife office, Vi
u offered
,'eral hundi
to Vote
e many
mi idles.
1 pi'ox-
termyer, acting for the
illeyholders's coimnlt
these proxies being re
ire accepted condition-
ling the protest. Each
offered the proxies a.-
by Mr. Untertnyer
were advised as to
The plan Senator Hansbrough has
in mind is the passage of a law
which would compel tho railioads
to anticipate extraordinary move
ments of fuel, grain or other com
modities and to prepare to take care
of such shipments when they are of
fered. It has been suggested (hat
the interstate commerce commission
could investigate probable excessive
offerings for shipment of commodl
ties of .ill kinds, and compel the
railroads to furnish the transporta
tion, li is believed by Senator Hans
brough that if a law of this character
were passed ihe railroads would he
able to contract for the use of c quip
men I from roads in the south or
other parts of the country when the
demand lor rolling stock is not great
during the winter or Ihe crop mov
ing seasons.
One of the opinions handed down
by the supreme conn today was in
the ease of State v. Hall, from Row
an, li is in the matter of George
Hill), ihe man who was convicted of
complicity in the lynching of Hi'
three Gillespie negroes for the kill
ing of Ihe Lyerly family at Barbel's
.1 unci ion and sentenced to fifteen
in siaies prison, and who ap
pealed lo ihe supreme conrl on the
'ground that t he court that tried and
, convicted him was not properly eou
! stituted for ihe reason that it was a
'special term called by the governor
; while he was out of the state, in
, Atlantic City, and his private secre
' l n i-- being in the slate and issuing
the order was not sufficient.
The conrl finds no error in tin
opinion written by Associate Justice
Plat I I). Walker. The question
nneuier or not ine governor can can
a special term of court while out of
the state is not passed on at all, the
court merely holding that the excep
lion was improperly taken for the1
reason that the plea thai the court
was not properly constituted was
made in the court itself about which
the question was raised.
of Life Today
LGWER COURT RULING
WAS WITHOUT ERROR
St l ong I'len Made for Condemned
Man, Hut' Former Verdict Must
Stand No Error in Hohannon
Case From Guilford Court Will
Adjourn for the Term Lattev Part
of the Week Reporter to Succeed
lliggs Will lie Chosen in Febru
ary George Hall, the Salisbury
Lyncher, failed to Obtain New
Trial, and Will Serve Term Many
Cases Decided Today.
THIS GOLD MINE
PAYING RICHLY.
by
th
William Nelson Crom-
the insurance company
import of the questions
you an employe, agent,
uinected with the cotn
by advice of counsel,
il to answer,
n asked : "Did you col
es yourself?" and they
did
United States would, of course, under
section 1 of Article XIV of the consti
tution of the United States,"be citizens
of the United States and of the state
(Contlnuad on Page Three.)
(Special to The Evening Times.)
Lexington, X. C, Dec. IS. Yes
terday at 5 o'clock there was an ex
plosion of dynamite in the Emmons
Mine of the Hercules Gold and Cop
per Company, owned by New York
capitalists, located 15 miles f rom i
here in Davidson county. Thomas
K. Wright lost one eye and his left
arm and was otherwise badly in-j
jttred, and Waller Hughes was also!
severely hurt.
John Gallimore, Millberry Hili I
and Leonard Wilson were badly
shaken up. Wright was on the four j
hundred foot level main shaft walk- j
ing along the top to put a charge in
for a blast. He carried the dynamite
with cap and fuse and a candle in his i
left hand. The candle set the ex-!
plosion off.
.....
Wright s chances for recovery are
doubtful. The others will live.
their replu
well, acting I
officials. 'Ih
was, first. "
or in any we;
pnny?" To i
the men deel
They Wet
lect these i
all said the
Thin they were asked if when they
sent out ihe proxies they put on tin
blanks the numbers of the policies,
which tiny declined to answer, as they
did a quest ion of where they got tin1
numbers of the policies.
Superintendent Kelscy said that the
protests Which had been made would hi'
decided later in Hie day, and if the in
spectors ( .imi' to the conclusion that
the men offering Ihe disputed proxies
should answer the instructions pro
(Cpntinued on Paga Seven.)
THEY SPIT ON THE FLAG
Mormon Children, Declares
Wife of Senator Dubois
In An Address She Makes the Asser
tion That Mormohlsm is' u Greater
Curse to the Country Than Shivery
Ever Wns.
TRIAL OF WOMEN
AIDS TO WALKER
RIVER AND HARBOR
BILL IN COMMITTEE
(By the Associated Press.)
Washington, Dec. IS. Several
sub-committees of the house commit
tee on rivers and harbors met today,
and Chairman Burton announced
that the full committee will meet on
December ,11st for final consideration
of Ihe river and harbor appropriation
bill.
(By Southern Hell Telephone.1
Graham, N. C, Dec. IS. The trial
of Funny McCain and Annie Turner,
indicted by ihe grand jury as accom
plices of Harry Walker, the negro
who murderously assaulted Col. L.
Banks Holt on the night of Novem
ber 6th, proceeded In the superior
court this afternoon. Counsel for the
McCain woman had asked for a con
tinuance on the ground that import
ant witnesses were absent. Effort
was made to secure their presence,
but at 12: oh o'clock the court called
the case and a jury was sworn. Wit
nesses are being examined this after
noon. Walker was respited by the gov
ernor in order to have him here to
testify at the trial. The women were
formerly employed in the Holt home,
and they assisted Walker to make the
attack oA Colonel Holt.
(By the Associated Tress.)
Washington, Dec. is.; "Mormon
ism is a greater curse to the country
than slavery," declared Mrs. Fred T.
Dubois, wife of the Idaho senator,;
in an address at Waugh M. 10.!
Church in this city on "The Ettecl j
Of Mormonism on Education" late
last night. She said that, should j
i President Roosevelt make a trial
through southeastern Idaho h"
would no longer be Willing to declare
that there is nothing in the Mormon
I question. Six United States sena-
i (ors, she stud, owe their election to
the Influence of the Mormon Church.
She criticised the attitude of Senator
; Proctor, of Vermont, and Senator
i Hopkins, of Illinois, for their alti
I tttde in the Smoot case. In closing
iher address Mrs. Dubois said:
I "Mormon children in Utah and
Idaho spit upon the American flaA."
(Special to The Evening Times.)
Salisbury, X. C, Dec. IS. The
Gold Hill Mining Company, organ
ized recently with E. I.. Hollings as
president, hits struck it rich on the
flrsi jump, and today at a depth of
twenty feet is mining ore worth $ls(l
a ton and shipping it away as fast as
it can get it off. For more than a
quarter of a century these mines, fif
teen miles below Salisbury, have
been lying dormant, with the excep
tion of ihe fortune spent in them by
W. G.. Newman, who has been suc
ceeded in the presidency of the Gold
Hill Copper Company by another
man. Land about the place is sell
ing for $1,200 an aero, and Ihe great
est activity seen about the mines
j within many years is observed in the
daily and nightly operations of the
shifts about Gold Hill. Willi ihe dis
solution of the Gold Hill's receiver
! ship las) week $S0ll,0Ofl passed to the
creditors, and the new organization
lis mining daily $100 and sending it
i to the .New jersey smelters.
BAD RIDE OF HALF
FROZEN HUNDRED.
lily the AssoclHI d Press.)
I,inm, Ohio, Dec. is. -A hundred
haii' frozen passengers were forced
to ride on a. locomotive lor twelve
i late last hihi because of a
; on the lJrjti'ol: & Central Itail
ioutll oi' Ottawa, when a broken
sent all the coaches plunging
an embankment. The locomo
tor surely. .1. A Sint
vealthy stock man, of
Ohio, was badly injured
rough a coach window
iir.K-d. Brakeihan Cot
gineer Hum Miller, of
e also injured. A relief
lttutlly took the hundred
; SQhth lo their destina-
milt
wre,
I way
i rail
,
mi o
! five passed
merman, a
! Son ih Solon
b (ailing i
las the car
j tret) and
Lime, wi
train evi
passengei
tions.
E
BODIES OF DEAD
WASHED ASHORE.
SEVERAL BURIED
BY A LANDSLIDE
(By the Associated Press.)
Toulouse, France, Dec. 18. A land
slide has buried a number of houses
in the little hamlet of Cuzous, in the
Hautes Pyrenese. Several persons
are entombed and there is little hope
of saving their liyes.
(By the A: roclhtetl Press.)
Victoria, B. C, Dec. IS. While
bound lo assisl the steamer Themis,
the steamer nrielte, owned by
charterers of the losi vessel, went
ashore on Danger Reef, Ladystntth,
this morning.
The schooner Gubriola has been
lost off Queen Charlotte Islands, ac
cording to advices from northern
Brillsh Columbia, nnd three men,
Captain Schultz, J. LindStrom and an
Indian, have been lost. Wreckage of
the vessel and bodies of her crew
were washed ashore on Queen Char
lotte Island near Smidegate.
Hodge, the Durham murderer, will
have to hang, the supreme1 court to
day having found no error was com
mitted in lower court. This closes the
last door of hope for the condemned
man, for there was no possibility of
his escape unless it was through a
technicality. The murder was one of
the most cold-blooded nature and
showed the man to be a veritable
brute with not the least, instinct of
a human being about him.
The prisoner was convicted last
June for the murder of his wife on
24th of February, 1906, Hodge went
to the home of his wife and entered
the house between 11 and 12 o'clock
al night. His wife and her four
children were in bed. He began
quarreling about the transfer of
some property and threatened his
wife when the children interfered
but they were driven from the room
and the mother pulled from her bed
and shot to death.
An appeal was taken to the su
preme court on the ground that one
Kiggsbee, a witness summoned for
the defense, was not allowed to tes
tify. The state objected because
witness had been allowed to remain
in the court room during the prog
ress of the trial and before being
put on the stand, whereas other wit
nesses were sent out of the court
room.
This, the court says, was a mere
abstract proposition and could not he
held error unless the prisoner had
made known what the evidence
would be. The mere assertion that
excluded evidence is material is not
sufficient.
Other opinions handed down today
were as follows:
State v. Hohannon. from Guilford;
no error.
State v, Hall, from Rowan: no er
rpf, . '
Helms v. Telegraph Company, from
Mecklenburg.; new trial.
Stanford v. Grocery Company,
fioni Rockingham: new trial.
State v. Connor, from Buncombe;
new i rial.
Asheville v. Weaver, from Bun
combe: error.
Asheville v. Trust Company, from
Buncombe: error.
Kimberly v. Howland, from Bun-
I coin be: affirmed.
j McAfee v. Green, from Buncombe;
j affirmed.
Bourne v. Sherrill, from Bun
combe; affirmed.
Matthews v. Fry, from Swain; af
firmed. Green v. Green, from Jackson; af
firmed. Tanning Company v. Telegraph
Company, from Cherokee; new trial
on issue as to damages.
Railway Company v. Bailey, from
Swain; appeal dismissed.
Martin v. Cooper, from Haywood;
per curiam, affirmed.
Slate v. Hester, from Rutherford;
per curiam, docketed and dismissed
under Rule IT.
Lyman v. Lyman, from Buncombe;
per curiam, motion to reinstate ap
peal denied.
During the coming February the
court will select a reporter to suc
ceed Mr. J. Crawford Biggs, of Dur
ham, who served for nearly two years
and who was elected In November
judge of the superior court.
The supreme court has not ad
journed for the term and will net
before the latter part of the week.