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VOL.20. SMITHFIELD. N.C.. FRIDAY. MAY 3.1907 XO !?
THE STATE WINS CASE.
Selma Connection Rule Must
Stand.
Authority ot the Corporation Commis
sion Upheld by the Supreme Court
ot the United States.
Washington, 1). C., April 2!).?
The Supreme Court of the United
States decided the Seltna connec
tion case today in favor of North
Carolina, sustaining the order of
the Corporation commission, re
quiring the Atlantic Coast Line
to put into operation a special,
train from Rocky Mount in or-!
tier to make connection witii the
Southern at Selma for the ac
commodation of the traveling
public.
The case, which was one of the!
hardest ever fought, not only in
the State courts, but also before
the Supreme Court of the United
States, has been pending before
that tribunal since March, 1905.
It was the case of longest stand
ing on the docket and the only
one carried over from last year.
The surprising thing to lawyers
here is that the decision of the
court, which was written by
Justice White, is unanimous.
Undoubtedly the great impor
tance and effect of the decision
constrained the court to hold it
under consideration for nearly j
two years.
1 he decision is one of far-reach
ing effect. The court not only
holds that the Corporation
Commission had the right, act
ing under its constitutional au
thority to order into operation
euch a train for the public good,
but declares that this right is
not to be questioned in view of
the long line of authorities sus
taining that doctrine.
The case hinged about the
right of State authorities to
compel a railroad to operate a
train at a loss. Both the State
Corporation Commission and
the North Carolina Supreme
Court held that the Coast Line is
doing a very remunerative busi-;
ness in North Carolina, and that I
the loss of a few dollars daily to 1
operate a train giving its pa-!
trons connection with another
railroad, was not confiscation
of property in violation of the,
fourteenth amendmeut to the
United States constitution. The
Supreme court sustains this i
view, which is regarded as of the
greatest importance to the trav
eling public.
RAILROAD WON FIRST FALL.
The case, which was heard four
different times by the corpora- j
tion commission was resisted in
the State courts and the Judge
presiding in the Superior court!
sided in favor of the railroad
The Supreme court of North
Carolina/reversed this decision
and is sustained in every issue by
the highest court in the land.
When the case was argued here
the railroads considered the
question involved of such great
importance that ex Judge John
son of Philadelphia, the great
corporation lawyer, was brought
here to make the fight. He made
a speech that was as much
humorous as serious, and promi
nent lawyers then predicted that
the Coast Line had little chance
before the court.
Tbe court dismissed the argu
ment that the order was abitra
ry and unreasonable, because be
yond the scope of the authority
delegated to the Corporation
Commission by the State law,
holding that no federal* question
was involved.
The Coast Line complained
that it was unreasonable to im
pose upon it a duty foreign to'
its obligation to furnish ade
quale facilities for those travell-|
ing upon its road. The Supreme
court holds that this assumption
destroys itself, since at one and
the same time it admits the
plenary power to regulate and
yet virtually denies the efficiency
of that authority. That power,
the court asserted today, "re
quires carriers to make reasona
ble connections with other roads,
so as to promote theconvenience
of the frnvling public In con
81'leriug rri>- * !> i .ru ?r i-.
the population contained in the
large territory whose convenience
was subserved by the connection
and the admission of the railroad
as to the importance of the con
nection, we conclude that the
order in question, considered
from the view point of the require-,
tneuts of the public interest, was
! one coming clearly within the
scope of the power to enforce just
and reasonable regulations."
The court repudiated the sug
gestion, supporting the Supreme
Court of North Carolina, that
the connections afforded by way
of Weldou and tt>e Seaboard Air
Line are adequate.
THE OROEH REASONABLE.
The court discussed at length
the argument that the Coast
Line would be required to
operate the additional train at a
daily pecuniary loss, and that,
therefore, the commission's or
der is inherently unjust and un
reasonable. In this connection
the court said, "Even if the rule
applicate to an entire rate
scheme were to be applied, as the
findings made below as to the
net earnings constrain us to con
clude that adequate remunera
tion would result from the gener
al operation of the rates
in force, eyen allowing for any
loss occasioned by the running of
the extra trail* in question, it
follows that the order would not
be unreasonable, even it tested by
the doctrine announced iu
Smythe vs. Ames and kindred
cases."
In another instance the court
said iu its opinion today:
" The primal duty of a carrier
is to furnish adequate facilities
to the public. That duty may
well be compelled although by
doing so as an incident some
pecuniary loss from rendering
such service may result.
It follows, therefore, that the
mere incurring of a loss from the
performance of such a duty does
not in and of itself necessarily
give rise to the conclusion of un
reasonableness, as would be the
case where the whole scheme of
rates was unreasonable under
thedoctriueof Sinvthe vs. Ames."
?Thomas J. fence, iu News and
Observer.
A Handy Affair.
On Friday evening from nine
till eleven the division 15 of the
Cnautauqua Circle were delight
fully eutertaiued by Division A at
the home of Miss Flossie Abell.
I'he hall and parlors were effec
tively decorated with beech, the
emblem of the class 1910. Ar
ranged on the background of
beech were the letters C. L. S. U.
On entering the hall the guests
were presented with dainty little
souvenirs, in the form of hands
by Master Edward Abell. Upon
these were written the motto:
"Beautiful bands are those
that do deeds that are noble,
good, and true."
The features of the evening
were very unique and "handy"?
the first one being the old time
game of "Up Jinks," which was
entered into with enthusiasm by
these modern Chautauquaus. The
next feature of the evening was a
hand contest in which Division B
had to guess by sight, and not
by touch, the hands of Division
A. The lovely prize, a picture of
the famous Literary Leaders, was
awarded to Miss Hicks as being
most proficient in this game of
hands. Last, but most exciting
came the game in which hands
were sought for in the usual man
ner. After a close contest it was
decided that Mr. Kichard Holt
had been most successful as a re
sult of long experience.
Delicious refreshments of ices
and cakes were served and the
guests reluctautly departed vot
ing this evening's entertainm-nt
a most "handy, dandy affair."
A Narrow Escape.
G. W. Cloyd, a merchant, of
Plunk, Mo., had a narrow escape
four years ago, when he ran a
jimson bur into his thumb He
says: "The doctor wanted to aro
Futate it out I would not consent,
bought a box of BucWen's
Arnica Salve and that cured the
daneerous wound." 2;ic at Hood
Bros Druggist
Kenly News Notes.
Mrs. C. G.Pope and little son
Earl went to Seluia Wednesday.
.Mrs. L. H. Joyner is visiting
relatives iu Nashville this week.
Mr. aud Mrs. H. F. Edirerton
spent Tuesday night in Wilson.
Mrs. Thomas Kirby and Mrs.
J. M. Stancill went to Wilson
Wednesday.
Mr. Gaston Watson attended
the opening of the .lauiestown
Exposition last week.
Several of the Kenly people
attended tue picnic aud fishing
party at Lowell today.
Mr. K. K. Pearce, of Windsor,
was in town Sunday to the de
light of his many friends.
miss. ura nooks and Mr.
Pbaroah Godwin spent Sunday
witb friends in Fremont.
Rev. Mr. Horrell filled bis regu- j
lar appointment at the PresOy
terian Church Sunday night.
Mrs. Z. V. Snipes has returned j
from an extended visit to rela
tives and friends in Richmond.
Mrs. John Hinuaut, of Smith
field, is visiting her parents, Mr. j
and Mrs. Joe Collier this week.'
Miss Ida Woodard, of near
Princetou, speut last week visit
ing her sister, Airs. Hansom Hoi- j
laud.
Miss Emma kirby returned
home Sunday, after spending
several da>s with mends in Wil
son.
Mrs. S. S. Earl left Wednesday
for Wilson where stie will spend
a few days witn her sister, Mrs.
H. G. Paschal.
Messrs. G. Bryan Byrd and W\
K. Bullock, of Rocky Mount,
visited friends on Maxwelton
Heights Sunday last.
Mrs. W. A. Sasser and daugh
ter, Miss Cora, of Wayne County,
spent Friday at the dome of Mr.
D. B. Sasser.
Mr. and Mrs. C. G. Pope spent j
Saturday night and Sunday with
Mis. Pope's mother, Mrs. Mary i
Sasser, near Piukney.
Mr. Adolpbus E. Howard, of
Red Springs, spent last Wed nee
day afternoon with friends here.
Mr. Howard was anticipating at
tending the openingof ttieJames
town Exposition, after which he
will go .to Baltimore to resume
his studies in a Medical School.
We were indeed glad to see Mr.
C. B. Bailey in town again Sun
day, Monday and Tuesday. We
can assure Bud that it makes no
difference how often he may come,
nor how long he may stay, still
he is always welcome, not only
by one of his friends, but by all
of them.
We were very glad to have Dr.
R. H. Whitaker, of Raleigh, for
mer pastor of Kenlv M. E.
Church, to speak for us at the
Epworth League Friday night.
Dr. Whitaker also preached an
able sermon to a large congre
gation at the M. PL Church Sun
day. He left Monday for his
home in Raleigh.
The orphan children of Oxford
accompained by the Managers
will give a free concert at the
the Academy Saturday evening
May the 4th, beginiug at eight
o'clock. All are invited to at
tend, and should go prepared to
give something as we suppose a
collection will be taken for the
benefit of the orphan children.
Max.
Kenlv, May 1st, 1907.
My Best Friend.
Alexander Benton, who lives
on Rural Route 1, Fort Edward,
N. Y., says: "Dr. King's New
Discovery .is my best eanhly
friend. It cured me of asthma
six years ago. It has also per
formed a wonderful cure of in
cipient consumption for my son's
wife. The first bottle ended the
terrible cough, and this accom
plished, the other symptoms
left one by one, until she was
was perfectly well. Dr. King's
New Discovery's power over
coughs and colds is simply mar
velous." No other remedy has
ever equaled it. Fully guaran- (
teed by Hood Bros. Druggists
at); and #1.00. Trial bottle free.
A Good Woman Passes Away.
Mrr. Roberta Ranks I,answer,
died ou the 25th day of this
tnouth after a lota? aud compli
cated spell of sickness. Begin
ning with pueumouia, then
rheumatism and typhoid fever
followed, aud as the doctor had ]
gotten the fever about under
control, (as we all thought)
consumption set in to do its
deadly work in short order.
She wus a great sufferer for
about uiue weeks, aud bore it
patiently, without a murmuring
a word.
.Mrs. Rassiter was a daughter
of Air. aud Mrs. H. H. Penny, of
Pleasant Grove township, this
couuty. She was born Feburary
10th 1871), aud married Mr.
Marshall P. Rassiter ou May
22 ud 1!SU8. She was a wouiau
ot tine ami noble traits of
character. Though compara
tively young, her iutiuence for
good was greatly felt aud ap- i
preciated among those who
came iu contact witn her. It;
can be truly said of her, that !
those who knew her best, loved
her most.
Mrs. Lassiter had never con
nected herself with any brauch
of the church, but was of strong
Primitive Baptist belief, aud
loved the church. According to
the uprightness of her life, as we
all have seen, we cannot believe
any other way, but tuat she was
a christian, aud that she is now
at rest with her Savior in a bet
ter home than this world cau
give.
She leaves behind, to mourn!
her loss, a devoted husband
and two children, (two bright
little girls) her father and mother,
a large family of sisters aud
brothers, besiues a host of rela
tives aud frieuds.
A remark from some of her j
school mates on the day of her
burial, tells something of the
loss to this community. The re-'
mark was: "Oh! we missed
Berta so much when she married
and left the neighborhood. Wei
have never seen the time that we
did not greatly miss her, if she
was absent from her father's
house when we were there "
She will be more sorely missed,
by her Irieuds and neighbors iu
womaubood, than iu girlhood,
because of the fact that the
chi dish part of life, with her had
passed aud she was making good
use of her experience, from child
hpod to womanhoood, in trying
to live right herself, and lead
others right.
There was a large crowd of
sorrowing relatives and friends
at the iuterment, which took
place on the premises, as was her
request before she died I think
it cau be truly said without ex
ception, that the sympathy of
the entire community is extend
ed to the bereaved family.
April 21)th, 1907. J. H. S.
Attention Confederate Veterans.
The Clayton Yellow Jackets,
Lone Star Boys, Smithfield
Light Iufautry, Black River
Tigers, Buttermilk Rangers,
Powder Monkeys, Shooters and
Tooters Hospital Rats and
Company 2 of Johnston County,
are requested to meet in Smith
held on the 10th day of May for
the purpose of reorganizing
Walter R. Moore, Camp No. 833;
to elect delegates and indicate
how many will attend the Rich
mond Reunion Mav 30th to June
; 3rd, and visit the Jamestown
Exposition and to meet with the
Holt-Sanders Chapter of Laugh
ters of the Confederacy iu their
ceremonies in decorating the
graves of our dead comrades. I
don't know about the "drub,"
but you used to do some fancy
foraging. 1 want to hear you
sing, "To the war, to the war; to
the war 1 am bound, It's a long
road to travel and I never shall
forget, I'm bound to go to Rich
mond right away."
Now, Boys come on let's
"mark time" and swing round!
like a gate once more.
C. S. Powell.
April 29th, 1907.
It is a difficult matter to es
cape sorrow; every day brings
B>m? npw cause of arxiety.?
Polybius.
Clayton News.
Messrs. C. H. Ellis auil J. C.
VN allaee made a busiuess trip to
Suiithtield Tuesday.
Spring time is here iu full force j
this week aud our people are
uiiguty glad to have it.
Miss Auuie Gulley, a trained
uurse from ttichmoud, Va , spent
several days uere recently with i
relatives aud friends.
Pastor G. B. Starling is con
ducting a series of meeting* at the
M E cuurch. Preaching in the
afternoon and evening.
Mr. and Mrs; 0. G. tiulley, ofj
VV usou, speut Saturday* aud
Suuday here, the quests of Mr. I
and Mrs. Das. 1. Ellis.
Mr. Audrew lv. Berushouse, |
superintendent of tne Clayton
Manufacturing Co., spent Wed
nesday here ou business.
Mr. Charles li. l'.elvin, Jr., aud
bride of Kaleigh, were tne guests
of Mr. Beiviu's sister, Mrs C. \V.
Home, for a day or two receutly.
The Baraca class of Clayton
Baptist ouuday school raised a
very nice sum for tne famine suf
ferers of China Sunday before
last.
Mr. aud Mrs. Finch, who has
opened a furniture store here in |
the store formerly occupied by j
Gulley A (iulley, has au ad in
this issue.
Messrs. Ashley Horn A Sou are
having the side walk paved in
front of their handsome store.
This will add much to the out
side appearance.
Town election next Tuesday.
Everything will.be quiet as usual.
There's only one ticket, hence
there will be not much interest,
except as to the "hog" vote.
Mr. Hillary Price died here
Tuesday morning after a long
and tedious illness. The inter
ment was at the cemetery Wed
nesday afternoon.
Itev. l.. vv. Ulancbard, former
pastor of the Baptist church, and
who recently moved to Raleigh
to take charge of the Biblical
Recorder, will preach here next
Sunday.
The town authorities have
been ' playing thy wild" with the
blind tiger operators lately, j
Several of these lawbreakers
have been arrested and in each j
case convicted of the charges ami j
as a couseq.ueuce the treasury is
about $100 better off financially.
Yelik.
Clayton, May 1st, 1007.
Dr. J. E. Brooks, of Greens
boro, has been elected superin
tendent of the State sanatorium
for the treatment of tuberculosis.
The last Legislature made an ap
propriation for the establish
ment of this institution and ap
pointed a board of managers.!
While a site has not been selected j
it is generally understood that
the sanatorium will be located in \
Moore couutv.
DON'T DIE AT 45.
Cure the Indigestion Which Is So
Little to Lead to Apoplexy.
People who suffer with head
ache, giddiness, palpitation, bad
taste in the mouth, drowsiness,
distress after eating, and any of
the other distressing results of
indigestion, are in serious
danger. Their digestive organs
cannot care for the food proper
ly and hence the coats of the
blood vessels in the brain get
little nourishment, become brit
tle, and finally yield to the fierce
blood pressure and one is then
said to have a "skeck, " be para
lyzed, or die from apoplexy.
In all diseases ot digestion and
nutrition the presciiption called
Mi-o-na has proven itself of
great value It is relied upon
today as a certainty to relieve
the worst troubles of indigestion
and make a complete cure.
That Mi-o-na will cure the
worst forms of stomach trouble,
cancer excepted, and give quick
relief in indigestion is proven by
the guarantee Hood Bros, give
with every 50-cent box to refund
the money unless Mi-o-na cures.
A guarantee like this must in
spire confidence
t
Polenta News.
Cotton planting iu thin stction
is about finished.
Miss Ava Yelvington has re
turned froui a visit to friends in
Smithtield.
Rev. Mr. Starling, the pastor,
will till his regular appointment
at Mt. Zion nextSuuday.
Miss Addie Barber and Mrs.
Claud Price are both on the sick
list. Their many friends wish for
them a speedy recovery.
Mr. It. M. Myatt, one of our
cleverest young men, will soon
take the road to travel for the
McCormick Harvester Co.
Mr Peon Stevens, the photog
rapher, will at an early day leave
for Harnett county, and will
push his work in that county for
a while.
For the past several days
Frederick, the sweet little boy of
Mr. and Mrs. W. T. Adams, has
been quite sick with grippe. At
this writing he is a little better.
Dr. Ralph Stevens was out in
the neighborhood Sunday visit
ing Dr. Booker and others. He
has many friends out this way,
aud all of them were glad to
shake his hand and engage in
social chat with him.
We are sorry to report several
cases of small pox in this section,
aud unless precautions are taken
it is feared the disease will spread.
The proper authorities should
investigate the matter and ascer
taip what is best to be done in
the premises. So far it is confin
ed to the colored people.
Mr. F.d Boyett, of Smithtield,
was out visiting in the neignbor
hood Sunday. Mr. Boyett, judg
ing from his {requent visits, seems
to have fallen in love with this
section, but it maj be that there
are other attractions which draw
him this way. At any rate we
are ail glad that he comes often.
The Oakland congregation is
very much pleased that ltev. Mr.
Soudere haw decided to remain as
their pastor. Mr Souders is a
scholar of no ordinary ability,
and whenever he preaches be
never f tils to instruct and please,
hence our people regardless of
denomination, are truly glad he
is to remain as the pastor at
Oakland.
On Saturday night last the six
months old child of Mr. A. L.
Coats died. Only ten days previ- .
ousMrs Coats, motherof thechild
was buried. Truly Mr. Coats,
is sorely troubled in which all of
us sorrow with him. The child
was buried by the side of its
mother, in the burying ground
on Mr. F M. Weeks' place Sun
day evening.
A State warrant was issued
Saturday against dim l'artin, a
colored bov. about sixteen years
old. for stealing corn from Mr.
J W. Green and others. Later
Walter demons, colored, was ar
rested charged with being an ac
complice, he being with l'artin
when the stolen corn was sold,
l'artin so far has eluded arrest,
demons was tried and bound
over to next term of court
Polenta, Mav 1. Typo.
/
Wonderful Eczema Cure.
"Our little boy had eczema for
five years," writes N. A. Adams,
Henrietta, Pa. "Two of our
home doctors said the case was
hopeless, his lungs being affect
ed. We then employed other
doctors, but no benefit resulted.
By chance we read about Elec
tric Bitters; bought a bottle and
soon noticed improvement. We
continued this medicine until
several bottles were used, when
our bov was completely cured."
Best of all blood medicines and
body building health tonics.
Guaranteed at Hood Bros. Drng
store. 50c.
The Trust Reaches for the Cotton
Farmer.
The United States Steel Cor
poration, alias the steel trust,
has advanced the price of cotton
ties ten cents a bundle. Last
vear the price was 8."> cents.
This 10 cents in^rpssp will m>?ke
the trust a neat sum.