Newspapers / The Advance (Elizabeth City, … / April 19, 1912, edition 1 / Page 2
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WHY CLARK FOR SENATE AN ARTICLE BY Q. K. NI MOCKS OF FAYETTVILLE SHOWING WHY JUDGE CLARK SHOULD DESERVE THE SUPPORT OF THE PEOPLE. The question of which of the can didates for the Senate is the most at- trnctive personally is of no impor tance to the people, and its solution would not contribute anything to the advancement of the cause of govern- ment hy the people. The opportunity which the voters will have, of giving expression, in some measure, to their views on public questions should not bo neglected. The records of the re spective candidates are material in to far only as they throw light upon their probable course 'In the Senate, If elected. It 1b the purpose of this article to set forth what seems to be the con trolling reasons why Judge Clark should be elected by the voters to rep resent them in the United States Senate. i - - He haa the first order of ability. He has integrity, courage and con stancy. His chief characteristic is that he fights for what he believes in, and makes no compromise which involves any sacrifice or principle. , He has the most advanced views in favor of putting human rights . above property rights; and the most unlimited faith in the wisdom and Justice of direct popular government. He believes that we have generally had government by the minority, and that representative government has failed. , His election would be regarded througtoiit the country as a distinct 'declaration that North Carolina stands with New Jersey, Oregon, Wisconsin and Mississippi for progressive poli cies, fie'believes. that trusts' should have been destroyed lon ago by im prisoning -those who organized them, and that the principles of protection and privilege have no proper place - in government. What he believes about public mat ters he feels with that degree of in tensity that makes him effective. He bitterly resents the. machinery of the law that takes from the people . the right and power to choose directly the United States Judges and Sen ators, and keenly feels that no per manent justice and equality can ex .1st. until means are provided for the people to Initiate and veto laws. The Idea of the President, and not the people, passing upon the wisdom of an act of Congress is abhorrent to him. The nomination of men to office by Irresponsible delegates and corrupt J political machines' instead of by di rect vote of the people in a legalized primary is inconsistent with his idea i of majority rule. He is less likely to moderate his courage to appease his enemies than almost any man in public life in this 1 State. 1 His present views are the habits ' of a life time, and he has been train ed to fight to maintain and advance" them. He has never aspired to pub lic office when the "Special Interests'' did not realize his loyalty to the people, and put into operation their ei.-tlre political machinery to accom plish l'w defeat No well Informed man doubts that of all the candidates he is most objec tionable to the agents of privilege, ,. who are in politics to exploit the people under the forms df Jaw. When he, was a candiadateJ for Chief Justice in 1902 the agents of organized greed emptied their money bags, and put in motion all their political inachnery, and exhausted their vocabulary of abuse to accom ,' Irtish his defeat. He was elected over an alliance of bolting Democrats and Republicans by over 62,000 mapority. It was then truthfully said of him: "Of all the wrongs and blunders alleged against him by his enemies, no one has yet v; been reckless enough to charge to ""him one wrong, one blunder against ,-h'e people's cause or in obedience to the people's will. He has respect ed the verdict of jjuries and Judg ments of courts. His offense Is, that hs didnot condemn them. He haa encouraged and advised the enforce ment of the law tgainst the strong as well as against the weak. His ' offense is, that he did not counte- nance and . would not tolerate its evasion by the strong. He, has seen open and persistent violations of the statutes of the State, and called at tention of the proper authorities to couplers) there ha been a decreasing them. . His Offense Is, that he did not ,number of CBBUafUei There were lf uanaage nig eye auu sew ins iui. He has uphold and defended the con stitution. His' offense Is, that he did not Ignore it. He hag stood by the 'Legislature and obeyed his Constitu tional mandates. His offense Is, that he did not defy It. ' " ) Some, of those who than opposed him for judge, assign as a reason for opposing him for Senate, that they cannot spare him from the bench. Duty performed in any station is the best ground for promotion. The battles for a free government in which the voice of the people shall be potent will be fiercest In the Unit, el States Senate. The interests of the people require that the men who represent, them 'tlx re shall be mili tant and free from all entangling al liances, and without sympathy or tol eration for any "Special Interests." It can be said of Judge Clark, as was recently said of Senator LaPol letfe by the editor of the "American Magazine" : "He has ah enduring de- votidn for the things he. believes, and he fights for them." Speaking of Judge Clark, it was re cently said by a California correspon dent to Mr. Bryan's paper, the "Com moner": "The man who wins In 1912. regardless of party, must not, only be an advocate of the Bryan policies to which the people have been edu cated but he must be an embodiment of the same. A recommended candi date, will not do next time. No doubt many, if not all of the Commoner's list of availables will meet this re quirement, one of them we happeh to know most assuredly does, viz: Judge Walter Clark of North Carolina .All classes look alike to him, but the trust barons and pro tected corporations know this too well and when he, or any other true rep resentative of the people is nominated a life and death struggle of special interests' will be on as in the memo rable Bryan campaign." Judge Clark Is not a mere theorist. He never had a theory about gov ernment than his mind did work out some tangible and definite, plan to put it into practice. Each year of his service is a rec ord of attainmen t. As a -Senator he would not 'be con tent to protest against existing con dlCons, but would offer bills to change them. His views as to rem edies to he applied for the evils that exist in. the Federal Government are best stated in an able address de- ievered by him in Philadelphia in 11)06 on the subject: "Some Defeats In the ' Constitution of the United States." It should be read by every voter. The Democracy of this nature, and his sympathy for the masses who bear the burdens of government and society but are denied the benefits, Is shown in a long line of opinions In the Supreme Court reports. Ref erence to a few of these will sufficien ly indicate what manner of man he K A number of years prior to the de cision of the cane of Greenlee vs. rail roi.d. reported in Ihe 122 N. C. Re 'ports, Conwss had provided that tile railroads engaged in inferestate bus iress should nbnpdon the use of the dangerous" link and pin coupler, but hiu' provided further that the inter State Commerce Commission might extend the time when the law would become effective. The Commission had from year to year extended the time for the law to become opear ative, and its benefits were denied tj employees on railroads. Greenlee was injured while attempt ing to make a coupling with an old style coupler. Judge Clark writing j the opinion of the court laid down the principle, that, "the failure of a rnilroad company to equip its cars, whether passenger dr freight, with au tomatic couplers Is negligence per se. which entitled the employee who is injured while coupling cars by han to recover damages for such injury whether the employee was guilty of cortributory negligence or not." The result of hls decision, jyas that Judge Clark was denounced by1 the railroads in the newspapers, but the railroads cars in this State were at -once equipped with automatic cou plers and all cars coming from other stptes were refused by the railroad companies in this state until pro vioed with modern couplers, and, therefore,, all cars throughout - the country were soon equipped with these safety appliances. 034 fewer employees killed and 14, 06i fewer injured during the year ending June 30, 1897, than during the same period In 1893. The importance of this subject will be realized when the yearly casualties to railway em ployees are compared with those which occurred during the Spanish American War. There were 298 killed and, 1,645 wounded. In 1897 there were 1,693 men killed and 27,667 in jured from all causes In railway serv ice. From coupling and uncoupling cars alone 219 less were killed and 4994 less were Injured in 1897 than in 1893, when the law was enacted." In delivering the opinion in the Troyler case Judge Clark said: "Reason, Justice and humanity, principles of common law, irrespec tive of Congressional enactment and interstate commerce commission reg ulation require the employer to furn ish the employees safe modern appli ances with which to work in place of antiquated dangerous Implements, haaardous to life and limb and the failure to do so, upon injury ensuing to the employee is culpable, continu ing negligence on the part of the em ployer, which cuts off the defense of cortributory negligence and negli gence of a fellow servant." In Fitzgerald vs. Furniture Compa ny 131 N. C. Judge Clark announced tho principle for the Court, that when a child under the age presedbed by law for working in a factory is em ployed and injured, the employer must answer in damages for Injury to tlio child, caused by defective machin ery and may not escape upon the plea that the child was negligent or assumed the risk. Judge Clark said: "The sob 0f the child Is his helpless ness, curses deeper than the strong man in his wrath." In Pressly vs. Yarn Mills, reported in 138 N. C. the same principle Is re affirmed. In delivering the oDinlon in the latter case Judge Clark speaking foi- the Court said. "The-law is not fossilized, it is a growth. It grows' more- Just with the rowing humanity -of the age and broadens 'with the process of the suns.' Could there be. "greater mock ery than to assert that the employer is culpable negligent and "pecunarily liable if dangerous and defective ap pliances are furnished, and then to hold that If the laborer is mangled or killed; there is no liability cause of accepting employment the laborer has released the employer from liability? Labor is the basis of' civilization. Let it withhold its. hand ancfthe forest re turns and grass grows in the silent streets. Not so long since, in England L.i) or Unions were ir-abie as con si iracies and the wages of labor were fixed by officers' appointed by capital ists, and it was indictable for a labor er to ask or receive more. There was no requirement that employers should furnish safe appliances, no liminta- tions as to both this county and Eng land and elsewhere, shortening the hours of labor, forbidding child la hoi requiring sanitary provisions and, s :fe appliances, labor has been encour aged "nd the progress of the world in a, few years has more than equaled that of all the centuries that are dead. .Tuftice to the laborer has been to the profit of the employer. The courts should not be less just than the laws." When the question of the right of railroad companies to refuse to re deem mileage books on the trains was being considered by the Court, in the case of Harvey vs. Railroad, reported in 153 N.'C. in a concurring opinion Jud.e Clark said: "I do not only concur in the opin ion of the Court, but further, upon a point as to which it was not found nec esfary for the Court to express itself, I am of opinion that the requirement that the holder of a mileage book si all present it and obtain a ticket thereon as an unreasonable regulation and therefore void." "Practically it seems that the an noying and vexations system which has been put in force here is almost unknown outside the territory covered by the three great railroad systems in this and adjacent states. It cannot be reasonable in any view to subject our people longer to this annoyance, and I think the Court might well hold it unreasonable and void in this case and relieve the public of being further subjected thereto." who do not think this their duty also should recall that their charters are granted by the public to the end that they may be operated for the greatest comforti and convenience! of tho public regulations, provided only that their owners are allowed a rea sonable profit upon the true value of their property." It was truly said of Judge Clark when hie was presented for. Chief Justice ln'1902: "He is not an expert ment. He has been tried. He has been Weighed. Fresh from the scales and the furnace, he stands before the people, in the noon day's sun, full statued, unshaken, unmarred, ' unter- rifled. He is not an ideality. He Is a living; tangible, Inspiring reality. His record from the first flash of his boyish sword In the battle days of the sixties to this - moment, is an open book. The people know It by heart. His name is upon their lips. His life is in their memory. His vin dication is in their hearts. Hia triumphs is in their hopes and in their prayers." It may be that it will develop that since that time the people have for gotten how to trust him, but it is cer tain the enemies of the people have "no- forgotten how to fear him. If the contest for Senator is to be determined upon principle, and North Carolina stands for progress and re form, the logic of the situation de mands the election of Judge Clark to that tribunal where the battle will bo flerclest and where he can be ft the most service. 1' Fayetteville, N. C, Sept 17 1911. Q. K. NIMOCKS, NOTICE Sale of Valuable Real Estate By virtue Of aji Order of the Super ior Court of Pasquotank County, made on the 16th day of March, 1912, in the special proceeding therein enti tled "J. T. McCabe, Administrator oc Charles Guirkin, deceased, and Mary Commander Guirkin, Plaintiffs, vs Lev Guirkin, J. T. McCabe and Lou Mattie McCabe, Defendants", I shall sell, to the highest bidder at public auction at the Court House door in Elizabeth City at. 12 o'clock M.. on Saturday, April 20th, 1912, the following described property to-wlt: A certain tract of land on the South side of West Main Street in the town of Elizabeth City, beginning at the Northwest corner of the lot of Mrs. Ida V. Simpson, and running thence westwardly along the south side of West Main Street 53 ft,' 6 in. tr a stake in the line of the iut pur. chased by Mrs. Annie E, Cook of Miss Sophia Martin, now owned by Dr. H. S. Willey; thence Southwardly along the Willey line 247 ft. 6 in. to W. H. Keaton's lot and the lot of Jchn Overman 51 ft. to the lot of Mrs. Ida V. Simpson; thence north wardly along the line of Mrs, Ida V. Simpson's lot 241 3-4 ft. to the first station, and being the same lot con veyed to said Charles, Guirkin by Miss Sophia JMartin. Terms of Sale: One-half of the purchase money cash upon confirma tion of the sale, one-fourth in six months, and one-fourth in twelve months, with interest on deferred' pay ment at six (8) per rent from the date of sale, purchaser to have the right to anticipate deferred payments and pay all cash, should he so desire. The purchaser will be required to deposit ten per cent of the amount bid on the day of sale, as a guarantee of good faith. This March lGth, 1912. ,C. E. THOMPSON, Commissioner. 2'.i A 5 12 19 on Monday, the 13th day of May, 1912, at 12 o'clock M., at the court house door In Pasquotank County, North Carolina, sell at public auction, to thev highest bidder, for cash, that certain tract of land, with improve ments thereon, situate in Newland township, In said county and State, adjoining the lands of E. B. Granger and others, described as follows: Being the same' tract of land pur chased by the said William White, deoeased, from John L. Hinton, by deed which is of record in the office of the Register of Deeds for Pas quotank County, In Book 26, page 505, formerly known as the Ellsha Jones tract, and being the same tract that was occupied by the said WII Ham White at his death, containing forty acres, more or less. The above lands will be sold sub ject to a dowoir interest of Anne White Teniple, widow of the said William White, deceased, said dower consisting of fourteen acres of said land, together with the dwelling house and outbuildings there on, for her natural life. For further partic ulars concerning ,the said dower see Book of Orders and Decrees No 4 in tho Office of the clerk of the Super ior Court for Pasquotank County, pag-es519-522. A deposit of ten per cent of the purchase price will be required on day of sale, as evidence of good faith. This 8th day of April, 1912. W. I. HALSTEAD, Commissioner of the Court. apl24t mr3 3ie Gitizens 3$ank i Open Saturday flight 6:00 TO 8j00 P M. 4- PAID ON ALL SAVINGS ACCOUNTS AFTER MARCH Hit- OLD BAY LINE (Baltimore Ste am Packet Co.) Daily, including Sunday, between N ORFOLK AND BALTIMORE. Mail steamers " Florida,'' ' Viroinla ' and "Alabama.". Eauinnri with. United Wireless Telegraphy nd eve ry modern convenience. Cisine, xin-surpassed.- I Lv. Portsmouth, week days 5:oo p..m. Lv: Norfolk, daily , . A 5:30 d. m. Lv. Old Point 6:30 p Tickets sold to all points North, East, West and, Canada. Lv. Portsmouth, Sundays , .7:30 p. brown, JR, So. Pass. Agert Office, No. 169 'Main St. 4 r WE SELL THE' OLIVER CHILLED PLOW '.' The ms servicable and satisfactory plow LuJ the market. We have them in all sizes, , J v- mi . 1 ... ... . 'yi i ou win ma ice no mistaice stocking your farm ..iii .i witn tnese plows. . AYDLETT BROS. CO. ; WATER ST., . ELIZABETH CITY, N. V. UNITED MARSHAL'S 'On the great Pennsylvania system. When the ca6e of Rroxler vs. the j with its thousands of miles of subsidla Railroad, Involving the same point, war decided in 124 N. C. about a year later Judge Clark aid. In the opinion: "In the Twelfth Annual Report of the Interestat; Commerce Commis sion (1898), published by 'authority of the United States Government, up on returns made by the railroad com panies themselves, it is stated (at p. 88):, 'Since the enactment of the law In 1S93 (requiring: automatic rv roads, not only is a mileage book accepted by the conductor on the train without the previous purchase of a ticket, but it is good not only for the holder thereof, but with ev er other person traveling with him at the tlme, whom he shall designate. There should he no reason why this should not be universally the case. Every other business in the world cor siders the Convenience and wish es Of its natrons. Thosa railroada STATES SALE ..Eastern District of North Carolina By Virtue of an Order of Sale is sued out of the United States Dis trict Court for the Eastern District ef North Carolina, on the 10th day of April, 1912, : notice is hereby given that I Will sell at public aution, for cash, on Monday the 22nd day of April, 1912, at 12 o'clock IL, at Pal lir.'s Railway, Elizabeth City, N. C, the schooner Alonzo Taulane, her engines, holers, machinsry, boats. tackle, apparel, ppurtenarces, and furniture, as she now lies at Pallln's Railway, Elizabeth City, N. C. CLAUDIUS DOCKERY, United States Marshal By J. W. WILCOX, Deputy U. S.' Marshal. apl2-2t. NOTICE Under and by virtue of an order of th Superior Court of Pasquotank County, Xorth Carolina, said order bfing made :r Ci. Tl Little, Clerk of t:M Court, ou the SIh day of April, 1912, in a special proceeding entitled W I. Ilalstead, Administrator of the estate of William White, deceased, va Augustus White and. others, heirs at law; The undersigned commissioner will, ATLANTIC COAST LINE The Standard Railroad of the South Ramifies the "Nations Gar den Spot'JThrongh the States of VIRGINIA NORTH CAROLINA SOUTH CAROLINA GEORGIA AMABAMA and FLORIDA FOUR FAMOUS TRAINS NEW YORK AND FLORIDA SPECIA (January to Apri') "FLORIDA and W EST INDIAN LIMITED", "PALMETO LIMITEI "COAST LINE FLORIDA MAIL" Dining cars a la carte service All year round through car se' vice from New York to both Port Tampa and Knights Key, connecting wit stamships to and from Havana. i For beautifully illustrated booklets an(i copy 0f "Purrle folder" address T. C. White gen'lpassenger ag't Wt, " i W. J. Craig Passenger traffic Mgr., mington. BESDRABLE LOTS THAT HAVE TO BE SOLD AT ONCE One lot on Road street adjoining the Tunis home 50x150 feet. ' Three lots on Dyer street 50x150, b ackof and adjoining the first naned lot fr " The Property can be bought, at very low figures, by IMMEDIATE PURCHASE N. DSo Parker 3 Son SEE FOWLER & CO'S New Style Derby Hats. Bestval- DO Cfl 1 7K 9 1 OK ues to be had at UL, OU" I . I U G I ,LU FOWLER 8 GO., WATER ST- POIMDEXTER ST ' - 1
The Advance (Elizabeth City, N.C.)
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April 19, 1912, edition 1
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