MIMMIIIIimiMIMinHfl I tlSLy tA teh rub-1 Z;;Jishdin iht County t e Medtum Through which jroa reach the ? people p Madison County X X , i ' i., i , ......,-. ..... X . M MalfoS raau m4 IWlj tm I , ; " 'M 1 1 1 M l 1 1 1 I t 1 1 I I 1 1 1 1 1 1 1 Ut ; ADVERTISING RATES ON APPLICATION i HHMIIIIIIIIIIIIIIIIIIIHI 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.