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POLITICAL REFORM AND THE GENERAL UPBUILDING OF MADISON COUNTY.
VOL. XI.
MARSHALL, N. CM FRIDAY FEBRUARY 5, 1909.
NO. 5.
tM,IHMIimmHIMM4 ;
County
Record.
r, 1
NQRTH STATE
Occurrence of Interest Gleamed
Tur Heel Stale
INAUGURATION OP GOVEBNOKS
Sees Not Assume - His Duties Until
Serena Days After Term Begins
Administration of the : Oath
Where the Inaugurations Bare
Taken Place. '
Richard H. Battle, in North Carolina
'Education.
It is singular that practically a
1 Governor-elect in this State ia sever
the- actual Governor for several days
after the Constitution says his term
is to begin. .Article III, section 1,
provides that the. term of the Gov
ernor and the other executive officers
shall commence' the first day of Jan
nary next after their election and
continue - until their successors are
elected and qualified ; and section 3
says the returns of election "Shall be
sealed up and transmitted to the scat
of government by the returning offi
cer, directed to the Speaker of the
House of Representatives, who shall
open and publish the same in the
presence of both houses of the Gen
eral Assembly." Article II, section
"2r provides that the General Assem
bly shall meet biennially on the first
Wednesday after the first Monday in
January, after their election. So, it
annot officially be known who is the
Governor-elect until the eLgiBlature
shall have met and the Speaker of
the House has opened and published
the returns of election. The result
is, that the new Governor cannot be
inaugurated untij about the 10th or
15th of January.
Of course, the difficulty might be
met by the calling of the Legislature
to meet, in special session some time
eetween thMjrof eteetfon ($he first
Tuesday after 4he first Monday in No
vember) and the first of January fol
lowing; but as this would be an ex
pensive, and inconvenient expedient,
the out-going Governor holds over a
few days.
Ho it Came About v
The reason this state of things ex
ists, is, that under the old constitu
tion which was replaced by that of
1868, the General Assembly met on
the third Wednesday yin November,
and the returns of election were re
ceived and published before the 1st
of January succeeding; and the pro
vision about , the commencement of
the term of office was copied from the
old Constitution. '
So now, the out-going Governor
holds over until some day agreed on,
bout a week aftr the meeting of the
General Assembly, when the returns
of election having been opened and
published, everything can be in read-
lness for the inauguration of the new
Executive, .
The Oath of Office Where and by
Whom. Administered.
As a condition precendent, or pre
cedent, or preliminary to the Gover
nor's assuming the office, it is requir
ed thai; he shall, in the presence of the
members-' of both branches of the
General Assembly, or before any jus-
------- -- - -jt 1
ura ol we oupreme ouri, taae an
' oath, or affirmation that he "Shall
, support the. Constitutions of the Unit
; ed States and the' State of North
Carolina,' and that he will faithfully
- perform the duties appertaining to
tne office er Govenor." etc,
As the exact day for the inaugura-
4.S a a . e . a
iion is noi nxea, so tne place is not
fixed; but the ceremony is nearly al
ways held in the presence of the
members of - both ; branches of the
Legislature, And the oath administer
ed by the Chief Justice or an Associ
ate Justice of the Supreme Court. It
might, however, be administered in
the presence of the General Assembly
by a justice -of the peace far Wake
county. I think this has been done
when there happened to be no Jus
tice of 'the Supreme Court present
' in the city. -'"V '
Where Some Notable Inaugural Cere
, . ; monies Wese Held. : .' -:
' 4 Before the nar of 1861 to 1865, tho
Inauguration ceremonies, including
l-'-y A rtxW Biases. ; :
' Rocky -Mount, Special A seven-
, teen tbtnsand dollar fire in, part of
' the business district of the city last
. week was checked only by the per
sistent and well-directed fight by the
fire department of the city. 'The fire
originated in a colored restaurant
- on Washington street, about - three
o'clock Thursday morning, and, fan
ned by high northeast wind, spread
rapidly. . A dozen buildings were de
stroyed and while they were, with one
exception, all frame structures, their
contents were in many instances a
total loss. ' " . ' .. ' . '
HAPPENINGS
From All Sectioss of he Bvsy
the delivery of the inaugural address
were uniformly held' in the ball of
the House of Representatives, then
eaUed the "Commons Hall." It was
then, the largest auditorium in the
city, bpecial provision having ben
made for the inauguration and term
of office of the Governor elected i
August, 1862, Col. Zeb. Bn Vance was
inaugurated and delivered his brief
bat stirring inaugural address on
September 8th, following the election,
on a platform erected in the shade of
the big oaks near the southwest cor
ner of the Capitol. After his election
for' a second term in 1864.. he was
inaugurated in the Commons Halt;
and in. that,VHall Governors Worth,
Holden, Caldwell and Brogden we're
inaugurated. When Vance was to be
installed Governor for a third term,
the Democratic hosts were here in
such numbers that in the Canitol one-
Ifourth of them could not witness the
ceremonies and hear the address of
the great tribune of (he people" re
turned to serve them, after twelve
years of official banishment, and re
sort was had to Tucker Hall, a com
modious auditorium over what is now
Dobbin & Ferrall's store. If I mis
take not, Govenor Jarvis, his success
or, was inaugurated in the same Hall.
My recollection is that Governor
Scales was inaugurated in Metropol
itan Hall, and Governor Fowle and
Carr is Stronaeh's Tobacco Ware
house on South Wilmington street.
and that Govenor Holt, ' who filled
Govenor Fowle 's unexpried term,
was inaugurated in the hall of the
House of Representatives, and Gov
ernor Russell in Metropolitan Hall.
The weather being propitious, Gov
ernor Aycock was inaugurated and
delivered his address on a platform
at the east front of the Capitol, and
Governor Glenn in the Academy of
Music. Tuesday, January 12th being
a mild day. Governor Kitehin was in-
augurated as, was Governor, Aycock;
on a large platform at the east per-
tico or the Capitol.
Inaugurations of Half a Century Ago
When the population of Raleigh
was only a fourth of what it is now.
or less, as it was before I860, and the
convenience of transportation from
different parts of the State was much
less than now, those who wished to
attend the inauguration ceremonies
could be fairly" well accomodated in
the hall of the House of Representa
tives though the galleries were gen
erally well filled by fair and fashion
able ladies of the State and the lob
bies crowded by men, who did not
have the .opportunity to witness pub
lie entertainments as the men of. this
generation have.
Politics ran pretty high between
Democrats and Whigs in the ante-bellum
days, though the issues between
the parties now seem insignificant.
The ladies participated in the inter
est. The majority of the city and
town people were wings, and tne
wives and daughters of that day gen
erally took pride in the dignified ap
pearance and elegant manners of
Whig office-holders. One of them,
more notable than others, was seated
or standing in the gallery when a
Democratic Governor-elect was being
inaugurated in place of one of the
old regime. He was not as nortlv or
vvui Li j ,n,$uo, out-going uovernor
Al ' A. ; t
and t nis , predecessors for several
terms and. the good ladv craning her
peck to see,, inquired . qf a neighbor:
"Yhich is Governor Blank t" And
when he ..was pointed outr she said
in accents of disgust: "Sure thing!
He is small potatoes and few :n 'the
hill!" Unfortunately the excellent
wife ofGoyernor Blank was in hear
ing of the compliment; but of this
the partisan: lady was inadvertent,
and Mrs. Blank's dignity was such
that she did not show a ruffled tem
per. ' She knew that she. had . cense
to be proud of her husband, whatever
a Whig belle might 'think of his ap
pearance. -"However, ' the loyalty of
our people to meir omeers was great
in those days, and before very long
Govenor and Mrs. Blank were cour
teously and ' hospitably treated ; . and
Governor ; Blank 's private secretary,
an elegant' and handsome young man,
who afterwards rose to' high distinc
tion, became a "Hon in the fashionable
society of our Capital cHy.- -X 2
; -.-'- - Kfllsd by His Cousin.:1
; Cliffside, SpeciaL Saturday' a:
noon Boss -Scrnggs, son of Elbert
Sruggs fatally shot Fletcher
Scruggs, son f . :;. of Marion Scmggs.
These young men were cousins, aged
respectively 21 1 and 19 years. Boss
told Fletcher if he said it again he
would shoot him. Fletcher repeated
the words and was immediately shot
by Boss, who used a 32-calibre pis
tol, the bullet ' taking effect . in his
right side just below the ribs. The
yonng man died about 10 p. m. with
out making a statement, as far as can
be learned.. Boss savs.tbat "he didn't
known it was loaded." '
WITH N. C. LAWMAKERS
Doings of -the State Legislature Con
- densedIntcresting Items from
. Day to Day.
In the' Senate Wednesday there
wa another long discussion of game
laws, the specific bill under discus
sion and finally passed being that to
permit non-residents to hunt on
lands of their father or eons in this
State without paying the Audubon
tax. An amendment was adopted
striking out a clause that would al
low a nonf resident guest of a land
owner to hunt tax free
Bills passed were of local and pri
vate nature.'
In the House also bills passed were
not of general interest.
The bill for the maintenance and
support of the Stonewall Jackson
Training and Industrial School was
introduced hn .Tnlinn. carrvinff $15.-
900 for 1909 and $20,000 for 1910 for
maintenance and 20,000 annually
thereafter, and an additional $10,000
each year for 1909 and 1910 for administration-building
and other nec
essary buildings.
Mr. Harrison by request presented
the bill appropriating for the school
for the deaf and dumb at Morganton
$50,000 annually for maintenance,
$40,000 for erecting and equipping a
primary building, $3,000 for printing
and repairing buildings and renovat
ing the boiler house and $800 for a
specialist on eye, ear, throb t and
teeth.
A bill for appropriations for the
State Normal and Industrial College
at Greensboro was introduced by
Connor. It calls for $100,000 annu
ally for support, and $50,000 for 1909
and $50,000 for 1910 in addition for
erecting and equipping an infirmary
and increasing the dormitory capa
city. Mr. Connor also offered a bill for
the protection of employes of com
mon carriers as to contributory negli
gence and liability. It is modeled
after the Federal law as to liability
of emplbyer for acts of employes.' a
Another bill that would affect State
prohibition was offered in the House
and the Senate. It would permit the
people ef Johnston county to manu
facture and sell cider, wine and
brandy made from fruit grown on
their own land.
Among the bills offered Thursday
were:
Spence: Amend Revisal relating to
the validity of grants, Sec. 1699.
Jones: For the maintenance and
equipment of the North Carolina Col
lege of Agriculture and Mechanical
Arts.
Fry: Repeal Chap. 44, Private
Laws Special Session 1908, relating
to the powers of the building commit
tee of the Cullowhee Normal Insti
tute and a substitute therefor.
Hawkins: A memorial from the
North Carolina Teachers' Assejnbly
regarding the importance of provid
ing fireproof State library buildings
Ormond : Petition from citisens for
the repeal of the constitutional ex
emption of real and personal prop
erty. A message was received from the
Governor transmitting the names of
those members of the board of trus
tees of the University of North Caro
lina' whose terms expire before 1911,
the vacancies to be filled by the
present General Assembly. The re
port was referred to the committee on
the University of North Carolina.
The following bills passed final
reading:
' Increase the salarv of the assistant
State librarian from $600 to $900 a
year.
Amond the charter of the United
Brethren, Salem.
Amend eharter of the Masonic
Temple Association, Charlotte, so it
can borrow money to erect a splendid
new temple. v . .
The following petitions and memor
ials were offered in the House :
Koonce: From soldiers and citizens
of Onslow that James Saunders, col
ored, be placed on the pensioc roll.
He served at Fort Fisher and is the
first negro for whom a Confederate
pension- was ever asked, so- it was
Stated on the floor. r , -;
Some new bills introduced were as
follows:;-. '.'i-'.
-Morgan: Define the duties of rail
road companies and their agents.
Cotton: Tax business of selling or
giving, away coupons for premiums in
connection with the sale of cigarettes
;tobaC"v ' ;' 'v-:.:-
Davis:; To tax dogs. ; T -P-
Perry, of-Bladen; .For betteromnt
of public schools and training .chil
cetf folifeworlt, .r .-. K;, ":.
V Governor Kitthin transmitted to
the House the List of vacancies on the
board of trustees of the University
to occur November 30th, 1909.';- '
The discussion was long and spirit
ed on the bill to increase the. salary
of the commissioner of Labor trni
Printing. Several amendments were
voted down. " ' ' "
' The bill on third reading for the
$2,000 salary jiasscd 87 to 20. y '
- Much business "was done' by both
houses Friday, but not .of , very
general interest.
Senator Peele, out of order, intro
duced a bill incorporating the John
inarles McNeill Memorial Society.
On motion of Senator Martin the
bill for the drainage of wet, swamp
and overflowed lands was . made
special order for next Thursday.
Senator Manning introduced a bill,
out of order, amending Revisal 1199,
service of summons, and Senator
Barringer a bill providing for the
purchase of Ashe 'a .history of North
Carolina for the rural schools.
The Senate concurred in House
amendment fixing the salary of the
Labor Commissioner at $2,000 with
out a word of discussion.
A bill introduced bv Representa
tive Turlington calls for the creation
of what might be called an automatic
system of recorders' courts for the
counties, to be adopted and dropped
whenever the county sees nt on ac
.count of congested calendars or any
other reason, the court to sit every
Monday at. the county- seat, presided
over by a lawyer elected by the coun
ty commissioners for one year, to
have jurisdiction over all criminal
cases to grade of felony and eivil
oases involving under $1,000, with of
course, appeal to the Superior Court,
The plan is not unlike that of the
old inferior courts, with the civil
jurisdiction added.
About the most interesting part of
tne day's work was in special com
ndttee at which Commissioner Young
complained of injustice by the late
report of his office affairs.
Senate bills were passed on final
reading Saturday as follows:
H. B. to amend Revisal 5313 as to
establishing State boundaries, givina
Governor authority to sue directly in
tne bupreme Court of the United
States in disputes over boundary be
North Carolina and Tennessee.
Incorporate the Public Service
Company, of Greensboro, which takes
over three corporations and will con
struct an electric railway from
Greensboro to High Point.
rviuitz: rerpetuate the memory
or the great North Carolinian, Daniel
Boone.
Jones: Amend Revisal 1980, exemp
tions from iurv dutv.
fi. 'Tne fc-Howing are among the bills
appeared in the House on Saturday.
Mctrary: Create a historical conv
mission to perpetuate life history of
Uaniel Boone.
m i ... . ..
layior: Autnonze commissioners
of Brunswick county to offer a re
ward for capture of J. C. Walker.
McLeod: Provide for organization
of County of North Robeson from
territory of Robeson county.
Butler (by request) : Repeal Sec.
1699, Revisal and Ch. 499, Laws
1903, perfecting land grants by new
entnes.
Graham: For relief of Billy Pat
terson, a free' person of color, who
served in, .the Twelfth and Twenty-
third Regiments and was drafted for
work on breastworks by Confederate
government.
Poole: Repeal Ch. 638, Laws 1907,
relative to game.
Mr. Taylor's bill authorizing the
county commissioners of Brunswisk
to offer a reward not exceeding $400
tor the capture of J. C. Walker was
passed on immediate readings.
The following bills passed third
readings.
Amend Revisal 1042 as to sale of
property under mortgage, restricting
section to personal property.
Joint resolution to memorialize
Congress to aid in constructing post
roads and 'highways in North Caro
lina. Amend Revisal 3093, widow's
year's support, so as to include child
unborn at death of husband.
Authorize payment of deposits in
bank made in trust and for the relief
of persons for whom such deposits
are made. (Bank may pay deposit
on death of trustee to persons to be
benefited.)
Empower banks to pay deposits
made in names of two persons.
Amend Revisal 1747 so as to ex
tend time for registering grants.
Amend Ch. 732. Laws of, 1907, in
creasing salary of assistant librarian
of Supreme Court, as amended by
committee, from $15 to $20 a month.
Amend Revisal, Sec. 8, Ch. 87,
by abolishing the crop pest commis
sion and putting its duties in hands
of board of agriculture, i ' .
Regulate, registration and sale of
concerted commercial feeding stuffs.
(This the law recommended by the
convention of Commissioners of Ag
riculture for the Southern States).
Yalidnate deeds and instruments
heretofore executed by ; corporations
(such as land 'development compan
ies.) v--:- '' .- : "
:; Fixing liabilities of bank to ' de
positor in case of forged or raised
check. (Depositor must notify bank
of fraud within three months after
receiving canceled cheek.)
The following bills were - introduc
ed in the Senate on Monday: - .
Fry: Amend Sec 982, Revisal, re
lating to mortgages and deeds.
; Ray : . Amend Sec. 3706, Revisal,
relating to cairying concealed weap
ons. -V ' ". " y
Fry? Amend Sec. 494, Revisal, re
lating to demurer or reply.
Fry:, Amend Sec. 434, Revisal, re
lating to demurrer or replv.
Fry: Render forests secure from
damage by fire'.
Fry: Amend See. 2466, Revisal, a?
to the use of dynamite in killing fish,
Fry : Amend Sec. 1708, Revisal, re
lating to entry-takers.
The following passed final reading:
House Bill: Authorize the commis
sioners of Brunswick county to offer
a reward for the capture of J. C.
Walker, who murdered the sheriff of
the county.
Repeal Chap. 951, Public Laws,
1903, canceling the charter of a rail
road.
House bill. Permit guardians to
cultivate the lands of their wards.
The following bills were introduc
ed: McDonald, of Moore: . Amend 2613,
Revisal, regarding the operation of
freight trains on Sunday so a8 to al
low through freight trains fully load,
ed to pass through the State without
stopping at stations.
Perry, of Vance: Abolish special
provision in Revisal as to negotiable
insirumenig maturing on Saturday,
making Saturday the same as any
other day of the week in this regard.
Weaver: Relative to Western Car
olina and Transportation Company.
I';ince (by request) : Amend Sec
4495, VJ9S, Revisal, relative to prac
tice of medicine.
Keiidriok : Amend Sec. 2, Art 10,
State constitution as to the home
stead exemption.
Kcndrick: Authorize married wo
men to contract as if unmarried.
Majette: Compel timber-getters to
establish lines of land before cutting
timber therefrom.
Pickett : Amend Chap. 464, Laws oi
1007, as to the sale of brasses and
ether metals.
Connor: Amend Ch. 1009, Laws of
1907, as to expenses incurred by
Governor in the discharge of his du
ties.
The long-expected and most in
teresting bill to amend the constitu
tion as to the homestead exemption
arrived in the House, fathered by
Representative Kendnck, of Gaston
It -proposes to change jSection 1 of
Article 10 so as to make the personal
property exemption $200 instead ol
$500, with the provision "But no
merchant shall be allowed an exemp
tion out of his merchandise or stock
in trade; and Sec. 2 by reducing the
real property exemption from $1,000
to $500, providing "But no real oi
personal property shall be exempt
from sale : for taxes or for payments
of obligations contracted for pur
chase of the same, nor shall partner
ship property be exempt from sale
of partnership debts." The bill pro
vides that the vote on the proposed
amendment be taken at the next gen
eral election.
Desperate Man Breaks Jail.
Wilminirton. N. C. Special Jan B
Wnllrnr. n whit n man in iail at South-
port, charged with the murder of
Sheriff Jackson Stanland, of Bruns
wick rountv last December while re
sisting arrest by a posse headed by
the sheriff, made his escape from tne
prison at' Southport by braining the
niirht smard. J. B. Fountain, with
some heavy instrument procured in
- . . . . . .
some unaccountable way alter ne naa
escaped his cell into the corridor. The
tnmrd was disarmed of his pistol and
all the cartrdiges he carried and a
white man named Butler, held as an
accomplice of Walker escaped too.
CONCRETE BATHHOUSES.
Boston May Build Them Hoodlums
Carry Off wooden Structures.
Boston hoodlums have compelled
the authorities there to consider the
plan of building the public seashore
bathhouses of concrete.
According to the Cement Age it
was found that It would be a waste of
money to put the ordinary wooden
houses in condition before the season
brought the full quota of guards to
the grounds to protect them. Dewey
Beach and Wood Island Park suffered
severely during the, winter.
AH the woodwork that the hood
lum element possibly could get loose
was torn away, doors were battered
In and practically every inch of lead
pipe left on the premises was stolen.
Most of the plumbing was taken
down by the bath department at the
end of the last season to save It
from a similar fate, - v .';
The continual destruction of city
property has reached the point that
concrete' construction has been rec
ommended foe future buildings. ? The
new .houses ' would . have, heavy , Iron
grating set up in front of the doors
and windows to protect them during
the months when the buildings are
not used. : It Is figured that concrete
would not cost much more than wood,
and it might save the annual xonse
of thousands' of dollars tor merely
replacing what is . being ' destroyed
maliciously in the cold season. - .
' Tfctre a haclenila, er ranok, tk
Uf Kexiran State of Dnrasgo eeaa
..rlahij: 3fl.on0.000 acre. - . ' -
CUBAN GOVJNAOGURATED
V- ll. - T i . . '
and Then Sails Tram the Istaad oa
the New Maine Cuban Onzrhes
Sew tne Americans SaWIy OS.
Havana" Bv Gable. Maw Omtk.
eral Jose Miguel Gomez was inaugu
rated President of the restored tifaban.
republic Thursday at noon and with
in an hour after he had taken the
solemn oath of office administered
by the Chief Jastree- ef the Supreme
Court, the American officials who had
been in control Affairs since the
autumn of 1906 had ' departed from
the island.
The American provisional. Gover
nor, Charles E. Magoen, who escorted
General Gomez to the palace and
there turned over h him the .reins
of government, sailed on the- new
Maine. The Maine was followed by
the battleship Mississippi and the
army transport McClellan. A swarm,
of small vessels joined in the proces
sion out of the harbor.
A Cuban gunboat also accompanied
the ships some little distance to sea
with a band on board playing from
time to time the Cuban national an
them. Earlier in the day Governor
Magoon and President-elect Gomes
were seated side by side in the. car
riage en route ,to the palace in the
wake of a galloping escort of sural
guards or native cavalry there- was
silence on the part of the holiday
throngs who lined the sidewalks.
Hats were lifted as the carriage
swept by, and the salutes were return
ed in tne same manner by tne uover
nor and General Gomez.
At night fireworks burned through
out the city in the same profusion
that characterize the 4th of July in
the United States, and the safes
were gay with music and singing.
About -3,000 troop are still on the
island under the command of Majoi
General Thomas L. Barry. These
will be returned to the United States
as fast as the transport service will
permit, the last of the troops leaving
on April 1st. . . . a-
Cuba begins her new period, . of in
dependence under conditions which
seem as propitious as could be evolv
ed. Peace reigns from the western
extremities oi rinaar.aei rum to ie
eastern promontories of Santiago
province, and no disturbing element
is anywhere in evidence.
TWO KOBE JTJRO&S ACCEPTED,
Nine Men Are Now in the Jury Box
to Hear the Cooper Trial Fourth
Venire is Ordered.
Nashville, Tenn., Special. The
ninth day of the trial of Duncan B.
Cooper, Robin Cooper and John D.
Sharp, for the murder of former Sen
ator Edward W. Carmack closed with
two additions having been made to
the jury; which now numbers 9.
The two recent acquisitions are Qua
Knipfet and P. O. Beirman.
Up to Friday Night, 1,165 tales
men have been examined in an effort
to get the 12 men. Of those who
qualified the State challenged 13, the
defense challenged 23 and the court
summarily excused two after they had :
been declared satisfactory to both
sides.
It is conceded that the action of
the State in charging two talisment
with perjury has greatly redoced the
chances of getting a jury at once.
Many of those summoned say they
may have expressed an opinion at the.
time the murder occurred, and for
fear of an indictment, they disquali
fy themselves. . . .
After hearing testimony in the case
of Juror Whitworth, whose health is
said to be such that, his life would be
endangered by the confinement inei-
dent to the trial of the ease, Judge.
Hart was disposed to excuse him at
once, but the State asked that a de
cision be withheld until the next pan-,
el was exhausted.
Bulgaria Complains of Turkey's At-
- . - .: titado.
Sofia, By Cable. The Bulgarian
government has delivered a note to
the representatives of the ' powers,
complaining of the irreconcilable and -uncompromising
attitnde . of Turkey
and declaring that the Porte must be
responsible for the consequences. The
note does not solicit the intervention
of .the powers but draws their atten
tion to the tension of the situation. '
- Cold' Wave a Blessing to Georgia.
"-Savannah,. Ga., Special A doea .
reports received from as many towns
throughout south Georgia assert that
the present cold weather came at the
right time to prevent the killing of
the fruit crop later on. "It is instead
of being a curse a veritable Godsend"
is the wording of several ' reports.
Fruit growers all seem -satisfied with
the outlook for "a grood fruit crop,
though the low temperature records
Of morethan two years '. standin
have been broken in serersl places.