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PUBLISHERS AHBOVNCBJKKBT. ma DAILY' JOURNAL la a U column paper, published dall, sxoept Monday, J 5. 'JO per year, $3.00 for six months. Delivered to'elty subscribers at 50 cenU per month. THK WEEKLY JOURNAL, ft M column paper, Is published every Thursday at 12.00 per annum. ; , -ADVERTISING. RATES (DAILY) One Inch, one day $1.00; one week $2.00; one ' month $1,00; three months $10.00; six month $13.00; twelve months $30.00. . Advertisements nnder head of "Business ' Locals," 10 cents per line for first, and cents .orrery subsequent insertion. . -:.Ko. advertisements ill be inured between . local matter at any price. , " Notices of Marriages or Deaths, not to exceed en lines will be Inserted free. All additional matter will be cnarged 5 cents per line. . - , Payments for transient advertisements most ' "e made In advance. Regular advertisements Will be collected promptly at the ct ofeaek montn. : ComraunlTmoDB containing new or a dis eassion of al matters are soliolted. No stommanication must be expected to be pnb Uhed that contains objectionable' personal. , ties: withholds tne npme of the author: of . bat will make more than one column of this :aper. Any person feeling ae&i-levcd at anv anonv mous communication can obtain the name of ne author by application at this office and snowing wnerein the grievance exists. THE JOUKNAL. n. s. wvmn. S&, HARPER. Editor Badness Manager, SEW BERNE. N. C, MAY 1. 18f C. Catered at the Pod office at New Bern, as jacond-clau matter. A LITTLE INCONSISTENT. ' The Democratic party is pledged to the reduction and reform of the Tariff It mar fail through the treachery of some! of its: Representatives, but it pledged to make an honest, strong effort to aecurelit. It is not believed in wasn incton that the Morrison-Hewitt bill will pass the House. And it it should pass it could not go through the Senate ia all probability. - It certainly would not if Democratic Senators were to de aert to the enemy in the same ratio it believed the; will desert in the House. Wil. Star. Now, we begin to understand the Star. - Whenever members, of Con gress violate a pledge of their party which tbe Star approves, they are traitors and deserters to the enemy Bat ifthey violate a pledge of the party which the Star does not ap prove, then they are commended for their patriotism and fearlessness in acting npon their own conviction. regardless of the wishes of their constituents. The Star mav be in capable of error, but it will be hard tor right thinking people to see Low its simple endorsement nfakes ft member of Congress a hero and patriot on the one han), and a trai tor on the other. It either claims perfection, or there is a little incon sistency in its position about these pledges. THE DURHAM UUADED .SCHOOL The Opinion of tbe Supreme Court In tbe Case. Rigsbee vs. Durham. At its session in 18S1 the general assembly passed an act "to estab lish a graded school in the town of Durham,'' chapter 231, the provis ions of which, so far as they relate to the present controversy, are in substance these: The first section directs the sub- ' mission to the voters of the town of the question whether an annual tax shall be levied for the support of a graded school in the town, and prescribes the mode in which the popular will shall be ascertained. The second section, in case of an affirmative vote, authorizes the im position and collection by the town authorities of a tax npon property . and polls, not exceeding one-fifth ... of one ner cent nnon the valna of tbe former and seventy-Ore cents " upon the latter, within the town v s.ii1 anKiiUf filtaTalinn f tsamwsiAAfla r which, it is declared, "snail be . applied exclusively for the support of a 'graded public school' and shall . not be appropriated or expended for ' . a . a. . Section three is in these words : "The special taxes thus levied and collected from the taxable property - and polls of white persons shall be . expended in keeping np a graded -public school for white persons of ; both sexes, between the ages of six rl fvantvinA Viri! And thp fmn. . rani tavpR T.nna levipn ana vsiupctvci r u . 1.1 A oaII. nf tvinmn nAmnnaahit.Il hfl PTrwnrt. . W VL tlUO IfCUOUH VL HUC IUU1I1, , I . I f . A 1 . , , " . - 1 - a. A 1 1 sa 1 1 1 ., 1 acuoxHS oi tne coioreu cuuureu uo- tweea the ages of six and twenty- . tli. - .at, 'A lZ .i.L. ..A. w i nn ii imr KPi'i iiinN 111 hi'i rw olatd the management of the school sou tue Buuiiuisuauuu ui mo isuus i . i- jj .... Afti.ii and are not Important in tbe pres an!. AxiirnnRV. Nor ia the nrincinal .iUI I'll IjU nui,l.vva vu, DHWOOlJUVlil mvaIvai! a ff anr art hv f HA onhaAnftjirtt . amendments, acts amu, cnapter 377; acts 1883, private, chapter 106; acts 1835, chapter 87, private. ,An election was held and a favorable vote taken, porsoant : to which a graded 'school was set np for the education of white children only, lo support which the taxes derived from white tax payers wert appro priated, while those from colored colored ' districts whieh entered within the corporate limits of the' Vltrwuu tt v v w - O I town in the general division oi the country into separate school dis tricts lor the - education of both classes of children, 1 The .county authorities accordingly fixed npon the maximum allowed by the enact ment npon property and npon sixty cents on the poll, preserving the constitutional equation between the two which the act disregarded in imposing the limitations, and a tax list was made out and delivered to the town tax collector who, was proceeding to levy-and collect when the present action wds instituted by the. issue of a summons against him and the other defendants on the 13th day of February, of the present year. : The purpose of the suit is to have a perpetual injunc tion against the enforcement of the tax, preliminary to the final hearing of which tbe planting upon notice applied to Clark, J., on the 18th day, of the same month, lor an interme dlate restraining order to prevent the collection. - i It was in evidence in support of the plaintiff's motion that tbere had been no graded school established in tbe town lor colored cuuaren; that the town contains over two thousand inhabitants; that the ter ritory embraced in the corporate limits of Durham constitutes parts of three colored districts into which the county is divided and the school nonses in each are outside tbe town limits; that there are no school houses therein for educating colored children, or into which they are al lowed to enter; and that the taxes collected from that race are dis tributed among the County colored districts, ennring as well to tbe benefit of colored children therein who reside without as to those who reside within the town. It was in sisted for tbe plaintiff that the act in its essential provisions and pur poses is in violation of the constitu tions of the United States and of this State, in making unwarranted distinctions between the white and colored races, and.that it is inopera tive and void. The court rendered ludgmeut as follows: A.M. Kigsbee aud others vs. Town of Durham and others This cause coining on to be heard upon a motion by the plaintiff for an iniuuction, notice of motion had beeu duly served upon the defend ants aud both parties being present, the complaint, (which is read as an affidavit) and affidavit of plaintiff and also affidavit of defendant be ing read, and it being agreed by both parties that tbe statements in said comnlaint and affidavit shall be taken as facts admitted, ( and they are found as facts by this court) and upon agreement of counsel, the court being of opin ion: 1. That there is uo irregularity or illegality in tbe mode of levying or collecting the tax complained of. 2. That clause 3 of tbe act (chap ter 321, acts 1881) is unconstitu tional and void so far as it directs a discrimination between tbe races n the apportionment or appropria tion ot the fund raised by said tax. ' . . - 3. That nothing in said act per mits or authorizes the appropriation of the money raised by said tax to tbe beneut of the public schools or to any other purpose than for graded schools for tne town of Durham. It was ordered by the court: 1. That upon tbe plaintiff's exe cuting a bond in the sum of $100, conditioned a required by law, a notice shall be issued to the de fendant, by the clerk of the superior court ot Durbam, that they, their agents and attorneys are, enjoined and forbidden, till the further order ol the court, from appropriating any of the proceeds of said tax for the use and benefit of any object other than the graded school of the town of Durham. And they are further enjoined and forbidden in apportioning .said i fund , to make any- discrlmilation oa account- of race, or to apportion it in any other manner than as provided by section m5 of the Uode. , 2. The motion- for injunction against the levying and collecting oi saui tax is aeniea. -f - Waltbb Clark,- Jndge Snperior Court. ' At Chambers, Greensboro, Febru ary 19th, 1880. : t: weuonoc lay any stress upon the omission to designate the schools to which the money collect ed from colored tax-payers as 'graded,'? as is done in - directing iae appiaoauon vi me money ae rived lrom white tax-payers, bnt it is quite manifest .that he statute means to famish the Increased edu cational aeiUties resulting from the local assessment to tbe children of both classes resident ia the town and to confine the benefits to them; The departure, fro ni this require ment in the t distribution of the taxes drawn -tfrosr colored persons is, in- our opinion, at variance wun the language and Intent of the en act men t. Moreover the sanction of the voters, on which its. efficacy depended,-was given to the act in the form in which It came from the hands of the law-making power, and "not as interpreted and acted on by those who are charged with the disbursement of the fund. The -judge ruled that the third & section of the act so far as it dis criminates between the races in the apportionment of the fund was re pugnant to the constitution, and that it was sot allowable to use it for any other than graded schools in Durham. But he declared that there was no irregularity or ..ille gality in the mode of levying and collecting the tax, . and refused to issue a restraining order to this effect." The ruling as to the dis criminative : features of the act is fully .sustained by the decision of this court, in Puett vs. commission ers, made at the present term, and we do not propose to re-enter upon the discussion of the same matter in the present opinion. ' If the only purposes for which the taxes are to be levied and use, are condemned by the, paramount law of the con stitution, and thev cannot -when collected be expended as tbe statute directs, why should they be raised at all? The moneys thus obtained are but the means by which , some supposed or real useful end is to be attained; and if the proposed ex penditure is forbidden, no must be the provision for raising the money to be thus nsed. The one is an in separable incident of the other and an essential and controling element in tbe enactment, 'It . matters not however regular and free from ob jection may be the prescribed method ot levying the taxes, if, when collected, those paid by one race are to be separated and ap plied exclusively to the support of schools in which the children of that race are taught, tho same dis crimination in the disposition of the fund is made as if the taxes had been raised by separate and dis tinct assessments upon the races. It is true, as was ruled by the judge, the present, assessment is uniform and not obnoxions to one of the objections considered in the case referred to, but the essential objection remains that there is a "discrimination in favor of or to prejudice of" one of the races. Const, art. 9, Bee. 2, which renders the enforcement of the tax for such purposes illegal. The judge held that while the moneys could not be used in the manner pointed out and commanded in the statute, they could neverthe less be collected, acting upon tbe proposition that while some pro visions of an enactment might be void, others might remain and be enforced. The proposition is cor rect to a limited extent, as decided in numerous ( cases: Berry vs. Haines, 2 Car. L. Hep., 428; Mc Cubbins vs. Barringer, Phill. L., 551; Johnson vs. Winslow, 63 N. C.,552. But it is otherwise when the parts f the statute are so interlaced and dependent one on tbe other, as uniting and constituting the whole, necessarily conducive to one and the same object, 60 that the dislo cation of tbe illegal part wonld so affect its operation as that the act would fail of its- essential object and could : not be supposed in its mntilated form to effect the end in tended by. tbe enacting power, wnensucn relations exist among the parts as that thev make one consistent whole, and each ma terial to the efficacy of the statute in subserving its general object, i mnst stand as a nnity or fail alto gether. Judge uooley states the propo sition to be that the unconstitu tional do not affect the constitu tional parts of a statute "unless all the provisions are ; connected in subject matter, depending on each other, operating together for the same purpose or otherwise so con nected together m meaning that it eannot be presumed that the legis lature would Lave passed the one without the other." . Const. Lim. 178, 215, with' cases cited in notes 2 and 3. ; . ', -.j Bach is, clearly the relation to each other of the several sections, which constitute ': this enactment. The money is raised for a specific object-rthe maintenance of one or more, graded, schools - within the limit of the town and it. comes, in addition' to other public burdens, from the resident tax payers and taxable, property,, therein. I ',. The great bnlk of it is appropriated to a graded, school for white - children, the residue to such a school for col ored children. The fond is divided by raees, distinctions depending on the sourcei from which tbe moneys are derived. This as the judge de cides is lorpidden Dy tbe constitu tion and as the object in,iew can not be accomplished, by using the bonds as directed, or for any. other purpose under tne .statutory re quirements, it cleariy: ought .not to oe tasen lrom tne- taxpayers at all, because this is but a means of effec ting an illegal end We; do not ad vert, to me actual misappropriation of the tax: from colored 'persons to county echool districts, since this is tne wrongful act or agents employ ed in disbursing it, and may be corrected without ' impairing tbe force of tae enactment.-. ; Bnt the statute itself directs an illegal and unauthorized i disposition of ' the lund, and this the popular vote ap proves, and .therefore the restrain ing order ought to hate issued upon the facts shown. In; this refusal there Is 'error, Let this be certified to the court below. SatiTH, Gr J. ! Absolutely Pare. This powder never varies. A marvel of PDrltr. strenKth. and wholesomeness. More eooDomloal than tbe ordinary kinds, and can not be sold in competition with tne multitude of low test, short weight, alum or phosphate Kiraers. Hold only means, kotai hi iibu wdbb Oo 108 Wall-st.. 8. X. aovls-lvdw si imvie TAttnAHTi lUItb 7 Effervescent Sellser mmr tna Aperient. - VWH6 ., nWont. efflcaclons. flflllPTIDITlflU Pleasant Bparleollo the LUllOlirHllU liIorm ol powdcr.pro VWtlWllinnvii . , when- dlasolveil In water an Exonerat ing, Effervescing Draught, recommended by our best Physicians as a reliable and auree able remedy. It cures Constipation, ci.ru In- aigestion, cares uj s pepsla.cnrcs Piles. cures H artburn oures Slca VIPr.HOanafhO Complaint, cures Blrk OlbK nCaUabllCs Stomach, and gently nrgesall the Excretory nVPnFDCII tion. It should be found orgaDS to a prompt o nl UlurtrOIHiln every household and curried by etery traveler. Hold by druvKlsts everywnero. apamwim AJlveA Washing AUPPt) T Introduce UX J: Xlli them, we will Away 1.0J0 Self-Operating WashlnK Muchlnos. If you want one send us your name P. O. and express office at once. The Rational Co.. sprLO no l t oy St , N. Y, IADIKS WISTKD-Io woik for us at their own bomcp, $7 10 SlOperwcez can be oaBilv iiial( -. uo cauvuKsliic: futcl- nating and steady employment. Pnrtlcu- ctamn A (! A veva TTO M V. M'h-'(iru P O Tin 1910, BtBton, Mns. !pr201m want SALKHMKN everywhere. local ami traveliiiK. to sell our goods. Will puy good subtly and all expenses. Writo lr te:ms at cpoe, and ttate Rill. salary wnntnd. HTANDAKD HILVEK WARE CKAII' Y. Uoslon, Mobs. npriiU lm NERVOUS DEBILITATED MEN. Ton are allowfl a Aw Mni jim s Dr. Dye's Celebrated Voltaic Belt witn Electrlo SnspeiMory Appliance, for the needy relief and permanent cure of Kervout Debility, Ion of Vitality and Manhood, and all kin.iiwl imnhloa. Also for many other ill? ctisps. Complete rmtora Won to Health, Vigor and Manhood guaranteed. nv rnK is incurred, illustrated naniptuet inaealed snvaopt mulled free, by adilresaln( ruiixixu BtiLi vv., marsnallj Mich, ACID PHOSPHATE, Whann's 1 Ammoniated Super-Phosphate Lister Dissolved Bone Phosphate, Navassa Guano, AT LOW PRICES. GEO. ALLEN & CO. W. K. GRANOEB. . . SBLLll JKNlCrNOS S. J. CHANDLER, GRANGER & JENNINGS, General Produce & Commission Mercniuts i 1508 B. Haln St., Richmond, Va. Special Attention Riven to the sale of all kinds of Country Produce, Ac. .Headquarters x isp, uysrers sna uame. v niaj am For Sale, A desirable house and lot on the south side of Broad street, one door west of the residence of J .C. Green, Esq.. For terms and further particulars, apply to decSltf : ' ' . ' UUION OC PBUiKTIEB, W P. BURRUS & CO., 1 GRAIN AND COTTON COMMISSION MERCHANTS, - fBhldw . , , , . : , '. 'i Beans," Oaion Sets, : Hancock Bros. Drugstore.- '; All Sorts of tiurts anJ .many. sortsT of ails of : man and J beast; iecd 9 cooling. ; lotion! Mustaijg' Liniment. " v Depe The Herald says our Dollar is worth only 78c.j exchange it at once at THE'fWEW - STORE," JUST OI'ENKI) BY. . . - M mm I 1 MI la UI fas Om Next to L. H. Cutler, for $1.25 worth of the Best Lot of Goods vou ever laid eves on. Boys, I've got them;: this time. ! Cassimere Suits made in the correct style, warranted not to fade, for Fine Cassimere Suits Fine Corkscrew, Extra Fine Diagonal, Our Straw Hats, regular etunnors, way down in price. Our Crush hat at $1.00 is a hat worth looking at. Our Rice, Mackinaw and Manillas are no slouches and within everybody's reach. Our fine French Fur Derby, 5th Ave. style, latest You man's block, is a beauty; also Fall Crown IlaU for full grown men with extra size brains. t - -. - , " V In Scarfs and Ties, the bojs WHO KNOW say I take the bakery. You must come aud take a peep.f Dave Jones will Our lino nf Rknu iaf.,11 n . v. v.. i. vj vju Ma u,a u ,u yv uin,B, uanw wavu uuu. Ic&i ww quarters for $2.50, worth $0.00. All that for the boys, but w have not forgotten tYa T .oA ion birhar XJa havA eAmA crai 1 havvaina few t Viom An imported braided Jersey for $1.50, worth $2 50. A woolen Jersey for 50o., worth $1.50. ' ' Linen Towels at 5o. ; Turkish Towels, large sizn, at 10c ; our Damask Towel, 46 inches long, at 5c, is worth a dcJllar. ' - . Nothing but Bargains at :' GEORGE ASH'S, New store next to L. H. Cutler's. ALEXANDER OLDHAM, JAMES BARRES, ' Late Proprietor Cape Fear Flour and Pearl Oldest and movt experienced Track HoQ.lny 3.111m, Wllmlngtou, N. U Farmer In North Carolina, i IT)I I AIM Jto I3AWNE8. Q-ezieral Oommlasilozi IMCeroliiviitai. No. 5T Bonth Street, BALTIMORE, Md We solicit Consignments ef North Carolina Track Prodmels, The lUpdllng of North Carolina Fish a BpseUltr. AND INSURE HIGHEST MARKET FBIOBIt Mentitm this iMipnr. Quick Sales and Prompt Returns. -. aplSdwSm Spring and Suniiiier Our SpriDg Stock of Nofcby Sack' and' Cutaway Suits is iiow nearl complete. Plaid Suits, Straight Cuts, are ths style, of which we have s large variety. Boys, Youths and Children's Suits. Boy's Sailor Suite, f 1.75 to 14.00. Men's Blue Flannel Suits at low prices. Our Blue Suits at 110.00 we guarantee Fast Color. Ve have a larger stock of Straw flats than over before. Men's and Boy's 50c. Straw flats a specialty, as good as you have been payipg V1.VV lor. 60 doz. 5c. Hats. Men's Mackinaw, Manilla and Crash . Straws in one hundred different styles. ' .. ; v Hn. atttlr Af fin,VT,s. 7 .1 . 2 M r-i i . .. vu oiuvn jl uuwuni uuutiirar B ury uuiipicie. UBUEO OulrtS, 30, up. Also Balbriggan and Summer Merino. Bathing Suits at 91 00. , We have a nice line of Stacy Adams & Co.'s High and Low Shoes, the best in the market. , . , Agents for Jas. Means' $3.00 Shoes. " Celluloid and Linen Collars and Cuffs. aTa a o z . i c T , Tcmc nun lacniug uur ojjnug auu oummer necK wear, U. liose, Handkerchiefs, etc We bought a drummer's san.plcs of Suspenders, Silk Handkerchiefs, jfeck Wear, Purses, II. Hose and Shirts, in which we offer bargains. " " - v The Celebrated PEARL SHlETS and our Bops Colnrprl fii;n.'. Boy's and Men's Byciple ShirU. ' , i - ' Straw Mattings, Trunks, Valises, and Shawl Straps. : ' -'VL We are agents for Rogers, Peet & Co.'s Full Line of Samples. . : iy,Bo sure and see us when in need of anything in our line.- '-;;-" t' ap6 dwtf- L. H. GUTLER HARDWARE Excelsior Cook Stoves. SASH, DOORS & BLINDS, Lime, Cement and Plaster, PAINTS, LEAD. OIL AND PUITY. 26 and 28S Middle Street. : THE NEW DERNE ; LIVFRY, t ALE EXCHANGE 4STABLES.pi I AM j f REIAilt TO' "1 a.'w Furcih Fine Mule's &Hojses AT LOWEST PRICES Teams taken and eared for hv vaek or" mpnth. - .-,.. i '- jl-.J, A drove of Moles and Horses jost reoelvd O. HFBBS. fehldtf ' Proprietor. . J. C, ETHERIDGE & CO., ' .11.. r.. .i it .:. r T ' 110 Water St.eet, Korfollt, Vs. ' OoriBlenmetiU of COTTON. CORW. PEA ' NLTd, ond FARM PROPUOT8 solicited. -, befebsvces: : : : . Williams Bros., Norfolk, Va t ' S.K. White Brp., ". ',"' Murine lisnk, " - . -- : n f 1 at 1. 1 ft 1 WM ! $5.00, worth $8.00. for 8.00, worth 12.00 10.00, " 15.00 16.00. " 20.00 show them, whether you buy or not. x.,V XX A UT1.U A TW. PIT IMinil t. 5 1886.- HOWARD & JONES, -; V: i ' Opposite Episcopal Church.4 of Piera Few Torfc'O:- The N; C. Freight Line "POR fJV.XXf -vnnv --i - ' j'.-v - 4 r 7 " " , wss., v 7 BOSTON, PRO VEDENOE, ; ; , C - lU Mint . .-- .-w.,. r.n.Vu, )M maw z o ' T'' for Hw Bsrs t : ' J- - - w unit jpmfiipnj ,;, Trarnwiniinm" if'. ' nijOTii unessntof Mem York, mskinc (Tauoblot st BoUbl) FRIUAYS st 1 ti in -. T;.J: sw Bairns WEDN in-- LiTr nii.,r....T:.. MTV TI Lll.iM I SDAYS-rtarf Hai(lKi,Vl AfssUarssa follow,. - ' ' ' JEUBE FOSrsa,Oenl Vana," ' ' 'V.- i.'-'-::-;-.-. ' -. (OUfhtSt Bal't. sla ' S. W. If cOAKRICK. Aft. Norfolk. Ta, ' a ..W. f. 01yds OoK-FhUsdslphis. 11 Sobs-' ri. , ' ' .1. r x" B11"-tss,Pir ' jr'arta riTtt E. Sampson, Boston, M c', tiP TH Rockwell, prpTidencs 1. - ; v -S;,0'ltokI,i fw, Ds-rricwbsrf.- . , 8iP,1-"stn,Tnefiiij1sad SianUjs. '"1 Stw York dny. , ' Bslttmore, Wninocdars anaSataHaw FtKUy, T"' Wondays, WdaesdaTS . ''." ' " "roT Idenee, Saterdars. , " v. arooshbUUladiBtgiTen, and ratw(Barsa' . to all points, at th dlff.rent nSew of ' p'snlei. iroid E:::a::s H E:!, til Si;? j N. c. li:;e. : j r (s 1, 8 H GRAY A( f R JfB,
The Daily Journal (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 1, 1886, edition 1
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