H? ? |r>?'?f ibe Utrali. price ONE DOLLAR PER TEAR. "TRUE TO OURSELVES, OUR COUNTRY AND OUIi GOD" = = * : ? - * SINGLE COPIES FIVE CENTS. 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.

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