North Carolina Newspapers

fjjrgg Cents the Copy. INDEPENDENCE IN AftL THINGS. Subscription PriceLOOP Year in Advance VOL XIII. COLUMBUS, N. C, TBUSpDAY, JOfLY 25, 1907. NO. 13. I0RTH CAROLINA AFPABRS II in vumienaeu Negro Rapist Caught. mi Uburs;, opew- a negro Richard Freeman alias Dick wanted for an assault upon Lott Scott of Black Creek town- Wilson county, was captured while working at Ford and brick-vimi. borne time since l-s working on tne ram or Mar-1 las , gmithf aDOUl io innes east ot nnon hearing some one read er a reward offered for Mrs. it's assailant, suddenly disappear not even waiting to collect In s He was ldentinea as me same and Messrs. E. S. Ford and D G. irce effected his arrest, ne taines h the description given and the cers believe they nave the right Receivers for Two Companies j-Uchnrv. Special. Leo C. Wal- a memoer tu iue mm uj. nii,lish Sons, was appoimeu receiver ror vt.... t nnAr fprnnntilp rnmnsnv ; .c at has within the past few days Jt!W UVUUVU w 1 , kne into bankruptcy. 1ms com- ant of the great credit business ne by it. At one time it enjoyed st liberal patronage. K. B. Thorn- was named receiver for the Hob- n-Koontz Lumber Company ot Je- salem, Davie county, and has taken arse of things. This receivership not the result ot business adver tv but a step to the dissolution of the , partnership. Injuries Prove Fatal Salisbury. Special. G. G. Britton kf Anmston, Ala., took the remains kf bis brother, N. B. Britton who lied at the Whitehead-Stokes San atorium following a ruuaway accident be day before, back to the home of unfortunate man. He never re- lined consciousness after the acci- ient. The brother arrived too late b see bun alive. The dead man was mreling superintendent for the Inter state Koofing Company. O. Ct. uru- lon is president of the same company iev bad contracts for rooting the new plants at Kannapolis, the junior brother having charge of the work. Sewas 35 vears old and unmarried. Southern Pine Fruits. Southern Pines, Special. The shipment of peaches from the or- Ichards around Southern Pines have 6een late this season, but the quanti ty has been greater than usual and tne prices have been uniiormiy poou The big Van Lindley orchard has bec.i eettinc awav five or six hundred WViilA t.hft orchards V'UttO 4.1 uuj usually have a lot of culls and infer ior fruit that is not suitable for ship ment at a profitable figure, this year he market has been ffiaa to get auy- t 11 1 1 ,1 A nine ana tne cuns nave oeeu uu u- known quantity. Dead Body of Boy Found in Neuse. Newbern, Special. The dead bodv of Alonzo Peterson was louwt in Neuse river at the coca-cola com pany's plant. The water was less than 1 fPAt dfien and it is tnougnt strange tnat a ooy miuuiu drowned under such circumstances. Coroner Jones examined the body and decided that it was plain the boy nine to his death by drowning and Itt an inauest was unnecessary. The i .it - 1 -13 ln.rn V was last seen alive about noon uKday. Tayetteville Has Big Fire. fayetteville, Special Fire Thurs day afternoon at the big Holt-Wil-liamson Mills, in east Fayetteville, wme near sweeping away the who'e Property, the main building catch ,nS two or three times. The dry boose was destroyed. Attacked and Badly Hurt by a Oat. Salisbury, Special. Calvin A. Jacobs, a Franklin township farmer, as severely wounded by a cat that jwde a savage attack upon him at his home. The flesh on one of his bands was torn to the bone but he does not helifivp the animal was mad Mr. Jacobs did not succeed in killing the vicious feline. Buggy Boiled Over Her Keck. Lumberton, Special. Miss Mat tie McWhite, of this county, came near receiving fatal injures while living into town. ' Meeting her was a Pair of runaway mules hitched to a wagon. Thev ran into the buggy tl Miss McWhite out, and the agon wheel ran over her neck. The mules halted just as the wheel rolled her neck and it had to be lifted She did not lose consciousness, and when taken to the hospital for examination seemed to have escaped i unn, Site For Telephone Exchange Pur chased. Winston-Salem, Special. The Southern Bell Telephone and Tele graph Company has purchased a Lot 55x98 feet, on Liberty street, between Second and Third streets, upon which they will erect a large brick building. The lot was purchased from Messrs. J. A. Gray, F. H. Fries, H. E. Fries, W. A. Lemly and J. E. Gilmer. The plans for the new structure have not yet been drawn. Washington Wants the Shops. Washington, N. C., Special Wash ington wants the shops of the Nor folk & Southern Railroad located in this city. The chamber of com merce and a large number of citizens arc working assiduously toward that end, and everything will be done to these shopg here Several at tractive sites have been offered and other attractive propositions have been made to the Norfolk & South era people and it is sincerely hoped that we may secure this plant. Blood Hounds Capture a Man. Fayetteville, Special. A hurry telephone call came from Beards Sta tion to Sheriff Watson to come with his bloodhounds immediately and he went at once. The dogs were put on trial of a man suspected of break- ing into the house of W. A. Beard, about which he was seen loafing and he was captured after a short chase. Tar Heel Topics. Nine applications for pardon are refused by the Governor. Geo. Grif fin, serving 12 years for manslaughter 'from Nash county; Will Hunt, serv- mg iour years irom r-orsytn county for larceny; James Grant, serving 15 vears from Iredell countv for murder in the second degree; Sam rvincr five months in Stan- ity for retailing; To4 udfiy, twn vears from Rowan coua- Iv coun serving two years x rum uur 4-tt rat qi hnT iminr- .1 AS. M arine. xv 1 f 7 . . vears New Hanover for secret assault; Clyde Strayhorn, serving two years in Durham county for larceny; George Graham, serving two years iu Henderson county for larceny; Sam White, serving three years in Cabar rus county for larceny. The temperance forces of Ralegh have decided to call an election in Raleigh on prohibition or dispensary about September 15. A citizens' committee, consisting of N. 1. Broughton, W. N. Jones, Z. P. Smith, S. J. Betts, W. J. Young, Dr. I. N. Pittinger and J. T. Miller, has beea named to make the preliminary ar rangements for the election and direct tv,a Aflmmiicm for nrohibition as against the present dispensary sys tem. Charters are issued for the Sylvia Furniture Manufacturing Company of Sylvia, Jackson county, the capital $20,000 by J. W. McKee and others; for the Powell-Murray Land & urn Umj u r SirSnS f fSTJ gers iorth Carelina; tried Tand con- $50,000, by George S. Powell, G. A. gentenced'to a term rf Murray and others. dayg imprisonment to be work Thomas Marshall is pardoned by ed upon the public roads of Bun Governor Glenn at the request of comDe county. many citizens of Surry county.' He gome tjme since suits were institu- was serving 20 years from 1902 for ted ;n the circuit Court of the United murder in the second degree. The Governor says on the evidence the jury could easily have acquitted the prisoner. The Charlotte board of aldermen The Attorney General and the As-u..- inaA rui1 the local sistant Attorney General of that ordinance which prohibits the Sunday ik vf drinks and semiiS ivC cigars. Governor Glenn has commuted the sentence of death to life impris onment in the case of Ruffin Fuller, of Granville county, for criminal as oauif the reason riven being that At : t- ;ii;rr fn linift tne unvernur ia uuv life taken in punishment on the testi- mony of such a woman as the prose- cutrix seems to be. rru. .-u. iw.r Cn. is now fnmisbini? power to run the mills at L1V VCl L- U A. vr tm. " - - Cherryville, 70 miles from the plant. i P Pt. A pardon is granted Jno. cox, of Wavne county, serving cigu months on' the public roads for too Severe whipping a negro boy, whom the Governor says appears- to be a very bad tellow. H G Putnam, chief electrician of the Selwyn Hotel, in Charlotte, re- ceived 2,700 volts of electricity through his body last week while at tempting to cut a "live' wire. It was thought at first that he would die as a result but later he is recovering. tinn lectured in Greensboro last week to a large audi- RATE LAWJiOT VALID The Federal Court Judge Declares the Penalty Clause of the North Car lina Rate Law Unconstitutional An Appeal to the Supreme Court Taken by the State's Counsel Attorney General Sent From Wash ington by President Roosevelt to Promote Peace Between State and Federal Courts. Asheville, Special. On Monday Judge Pritchard discharged Wood and Wilson, the Ticket agents, and in doing so files an opinion of 4,000 words, in which he bases his action on the ground that agents were pro tected by his injunction and have a right to sell at the old rate unt'l the new law is construed by his court. Also because the penal features of the new law is uncoustitutionl, be cause it is so heavy as to be confisca tory and prevent the roads from con testing it. The action of the court in declaring unconstitutional the penalty clause of the rate, while not entirely unexpect ed here nevertheless excited intensta interest. Prior to the rendering of the opinion Judg Pritchard was re quested to postpone the decision un til Speaker E. J. Justice could arrive in Asheville, it being stated that he was then on his way to this city. It was stated that Governor Glenn had telepraphedthe request; but Judge Pritchard declined to grant this request, holding that the State was ably represented. Before Judge PJritchard Monday afternoon T. J. Harmon, cited to ap pear and show cause why he should not be attached for contempt of court for disobeying the court's summons in the rate hearing last week, made answer to the rule, disavowing any intention or desire to bring the court into contempt and was discharged. Discharge Not Absolute. In discharging Harmon the inter esting and significant statement was made to him by the court that, while the respondent was discharged, discharge might not be absolute; that was still considering the ad- visablirry-oi-prg. -?rrrs - - - 'i-frrs li" "11V7 "lv- . ible r -fTrwl onrl W Sflll AVI- I dentlv meaning Police Judge Spears Reynolds, J. B. Wells and others who made affidavits and swore out the warrants on which Wood and Wilson were arrested, convicted and senten ced to road service for violating the State law. T 1 T..C 4- ..,1 ' . Jnxicinn in ttlO g edings and rail. road rate law is as follows: United States of America, Western District of North Carolina, in the Circuit Court In re James H. Wood petitioner. This is an application of the pe titioner Jas. H. Wood, to be dis charged on a writ of habeas corpus from the custody of the sheriff of Buncombe County. The petitioner was indicted on a charged of having violated the pro visions of section 4 of an act passed at the session of the Legislature of North Carolina, of 1907, prescribing maximum charges, railroad companies I maVo fnr trnnsnortiiiff Dassen- states for the Eastern district of North Carolina by several railroad companies against the Corporation Commissioners of North Carolina. State, for the purpose of obtaining nrotectioii of the fourteenth amend- . Dt:;lltinn nf iha TTnlr- UlClll LU l lie ouustiiuviuu ed States against an act of the Leg islature of North Carolina establish ing maximum rates which such conK panies cla,m to be Mtaqr, andf on a pnma tacie case motion was. made before me for interlocutary mj Uiauc. " innrtions i ,t i m l ordingly, on the 29th of JunJj penalty for a failure to per- ued h junctions pendentelite enjm a judicial act The section ioining V defendents-and all othe h rea? as fo: , w ... XL, Hinc thfl rates inflJ If e authorized by this I peiBUllS X1V1U tvvi.p, - I AffRet durins the inquiry betore me a to the constitutionality of the samd and from instituting prosecutions . impose penalties upo Romnanies. or their employes iq failre to put into effect the statutory rates which are oeing 11 p Ty a coupon to be given to eacn pu chaser evidencing the amount to 1 refunded to mm in tne evcut ,, .-r aVimild be upheld and to secure t same ample bond and security we tuL was in accordance with tt policy of the statutes of North Caj lina where a rate made by a ccf U orfar.L-p1 T thereuDon r I f erred the matter to a master to h certain and report his collusions to me, and to avoid delay, required him in the Order to make hi report by the 25th of September, aid fixed the bearing for the first Monday in Oct ober, so -as to give the pafties oppor tunity to have the questions involved finally determined by th0 SupYeme Court at the earliest possible moment. There was nothing ungual in the proceedings which were instituted be fore me by the several railroad com panies in the State. Similar suits have Men instituted in in the State C Alabama, where Judge Jones is sued an induction and also in the State of Georgia, where Kludge New man inn-sued the same ejavirse. Notwithstanding the United Spates Circuit Court has thus taken juris dicucif of the whole matter, and was proceeding in an orderly way with its consideration, the evidence shows that the Governor of Ndrth Carolina has isued an address to: the judges of the Superior Courts leaf the State questioning the authority pf the court to make the order referred to and asl;irg them to see that ? indictments against the agents and Employes of the railroads and its officials be sent before the grand jury ii; rder that the -State may undertake; the prosecu tions which are enjoined i my order, and stating that as Chief Executive of the State, he stands eady to aid them in enforcing the lw. In ac cordance with this policy a numbtr of indictments have bee! found and presecutions begun in defiance of the order of injunction isiied by the United, States Circuit Court. If these persecutions are pmitted and continued, the result will pe to nullify the injunction which wa granted by the Circuit Court and practically de feat iis jurisdiction. Notionly are the rights of litigants involved, but the dignify and authority o the Circuit Court of the United States as well These prosecutions and tarrests tak ing place in widely separated portions of the State present serious difficul ties in the matter and this court is confronted with open and avowed op positions by the powers f the State Obstacles are being thrown in the way of inquiry by this court on writs writs of habeas corpus into the lega ity of arrests, and this seems to b? the deliberate policy of those repre senting the State I do j not wish to be understood as imputing improper motives to the Governor or other T ' ttti,tfolT tfitiah ' i"1 onviKail kr iUn, QMa afofnfa -P-r- charging mote than the statutory rates are sa numerous Hhat if per mitted to be enforced they would practically bankrupt thej railroads in an exceedingly brief time and before a final hearing could be had in the case and thus placethe complainant in a position where it wpuld be pow edless to assert the rights which is guaranteed to it by the constitution of the United States. If the criminal prosecutions against the agents, conductors and employes are permitted to continue the mana ger of the railroads cannot success fully operate their trains, carry the mals or continue their usefulness in inter-State commerce. The constitution of North Carolina contains ample provisions for the pro tdjstien nd preservation of the lib- eity of the citizen. j Article 1, Section 18, contains the Allowing : fl Every person restrained of his liberty is entitled to a remedy to in qihe into the lawfulness, thereof , and tj such remedy ought , not to be do ped or dciaYed." Section 21 of the same article also jTovideb : ; , "The privileges of the writ of ha lbas corpus shall not be suspended." Section 1821 of the revisal of North krlina is a follows: "Every person imprisoned or re trained of his liberty within this Jtotc for any criniinal or supposed jriminal matter or on! any pretence Whatsoever except in cases specified n the succeeding section, may prose cute a writ of habeas Jcorpus accord- ng to the provisions eff this chapter, o inquire into the cause of such lm- risonment of restraint and if illegal to be delivered therefrom.' r u - T, HC: iLLJTl iknowlede-e which imposes upon a chapter to grant writs of habeas coy pus shall refuse to gfant such writ when legally applied for, every such judge shall forfeit tdf the party ag grieved $2,500" I Thus it will be seenf that the State constitution of North Carolina as well as the statutory law affords am ple protection to every person vho is deprived of his hbertv without tm process of law, and such being the case, it is remarkablje that anyone representing the StateS should on posed to the granting;! oi tne writ ox habeas corpus' Likewise the consti tution of the United States and t'le revised statutes afford every citizen of the Union when ijnprisoned con trary to law protection Uo the fullest extent by the writ of habeas corpus. Article 1, Section 9, C. 1, 2, of the constitution of the United States is as follows: "The privileges of the writ of ha beas corpus shall not be suspended unless when in case of rebellion or invasion the public safety may re quire it." Section 751, of the revised statuces of the -United States, contains the fol lowing provision: "The Supreme Court of the Cir cuit and District Courts shall have power to issue writs of habeas cor pus. "The several justices and judges of the said courts within their respec tive jurisdictions, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of restrain of liberty." Revised Statute, Section 752 : "The court or justice or judge to whom such application is made shall forthwith award a writ 6f habeas cor pus, unless it appears from the peti tion itself that the party is not enti tled thereto. The writ shall be directed to the person in whose cus tody the party is detained." Re vised statutes, section 755. Notwithstanding the plain, provis ions anti enactments contained in the constitution and revised statutes of the United States, as well as the State constitution and the statutes of the State, it is seriously contended that the agents of the complainant in this instance, when indicted for the vio lation of the statue, (the enforcement of which has been restrained by this court) are not entitled to this remedy which is afforded to every other cit izen of the State. If this policy is to prevail in North Carolina persons who invest their money in enterprises like that of the complainant will be deprived of the means of protecting their properly rights and denied the benefits of the writ of habeas corpus which is in tended for the preservation of the liberty of every citizen. It will be a sad day for the people of North Carolina when its eitizens are prohib ited by the acts of the Legislature from asserting any right guaranteed to them bv the constitution of the United States. Suits of this charac ter have been brought in different States of the Union and in every in stance the Federal Courts have pro ceeded to determine the question in volved without interference, hinJ- jiidlcTaUauriforitles'' of suc"5 'StSt&k?- Asheville, Special. After Judge Pritchard had signed the judgment Judge J. H. Merrimon, special counsel for the State, gave notice of appeal and waived bonds, but under the law the court fixed a bond of $200 each for Wood and Wilson. Both sides co-operated to make the appeal as simple as possible in order to present the point at issue to the Supreme Court. Emmisary From Washington Sent by President Roosevelt. Edward T. Sanford, as Attorney General of the Department of Jus tice, arrived here Monday morning, and it is understood that he comes as an emissary of President Roosevelt to promote peace between Federal and State courts, and to arrange that there shall be an appeal from both the State and" United States courts. While Mr. Sanford declined to talk for publication, he did not deny that he iame on a mission of peace. He brings the assurance that if the cases are allowed to proceed in an orderly course to the Supreme Court of the United States, the Department of Justice will request that court to advance the cases to an early hear ing. Abduction of Korean Emperor. Seoul, Korea, By Cable Emperor Yi Hyeung formerally abdicated the Korean throne at 11 o'clock Friday. In his parting address he expressed regret that national calamities had marked his forty-four-year reign. It is uncertain which of thrac princes will succeed Yi Byeung. Iin brile, the Crown Prince, has the strongest becking, while the other two princes are supported by many. John Jones Not Guilty. Monroe, Special. The jury in the case of John Jones, on trial as one of the alleged lynchers of John V. Johnson, Returned a verdict of not guilty, at 4:4o o'clock Friday after noon, after being out about half tin hour. The service periodical, "The Navy," attacks the constitution of American vessels, declares that the Pacifie cruise is a blunder and that the battleship fleet is in no condition to make the long trip. "This great republic of ours shall never become the government of a plutocracy, and it shall never become the government of a mob," said the President. He might have added, de clares the New York Worldr that there Is no surer way of making, it the gov ernment of a mob than by first per mitting k to become the government of a plutocracy. OMiUJWJ) MS Violations of North Carolina's Rate Law Meet Punishment ASHEVILLE JUDGE IMPLACABLE Police Justice Reynolds Springs a Sensation at Asheville, N. 0., by Conmitting the Two Southern Rail way Agents to the County Roads for a Month "Don't Give the Federal Court an Opportunity to Interfere With the State Courts the Judge '8 Instructions to tha Sheriff. Asheville,- N. C, Special.--Before. Judge Spears Reynolds in the city police court District Pasenger Agent James H. Wood, of the Southern Railway, also a member of the board )f aldermen of Asheville, and O. C. Wilson, ticket seller for the South orn at the local passenger station, were tried on a charge of violating the new State rate law of 2 1-4 cents a mile for transportation, convicted and sentenced to the county chain ing for 30 days ,each. Harmon was the "only witness. At the conslusion of his testimony Judge Reynolds announced, that the Stats would rest. Judge Charles A. Moore, of counsel for the Southern Railway, and representing the indicted agents, stated that he desired to introduce no witnesses. "Can you or will you pay a fine?" The police justice directed the question to Mr. Wood, standing just in front of the bar, and apparcnuv cool rfnd indifferent to the result. Judge Moore quickly requested the police justice to address any questions, to counsel. Again the question Was put, this time to Judge Moore, "Ca:i you or will you pay a fine?" Judge Moore made reply that he would have to consider the matter. The police justice, saying that ho re gretted to do what he was about to, directed the clerk to make an entry that the defendants be pent to h5 roads for 30 days each. Judge Moore thereupon stated in open court that , he intended to apply for a writ of habeas corpus and requested that the prisoners be allowed fhe cus tody of an officer. Tneofrci?1 ently he handed two slips of paper to Sheriff Hunter. The papers were commitments for Mr. Wood and Mr. Wilson. "I trust," said the police justice, and handing the commitments to Sheriff Hunter, ' i that you will not give the Federal Court an oppor tunity to interfere with the State, eourts, which it has no right to do.' The prisoners were then turned over to Sheriff Hunter. The sheriff, at the request of Judge Moore, ac companied the prisoners to the office of Moore and Rollins. There was much interested speculation as to just what course Sheriff Hunter would pursue, whether he would seivl the convicted agents direct to the county ebaingang, sdme ten miles from the city, or hold the prisoner in custody awaiting- action on a writ of habeas corpus. Released on Habeas Corpus. Asheville, N. C, Special. District Passenger Agent Wood and Ticket Seller Wilson, under sentence of 30 days on the county chaingang by the city police court for violating the passenger rate law, were taken be fore Judge Pritchard on a writ off habeas corpus at 11 o'clock Friday morning. J. Q, Merriman asked for a continuance of the hearing until hi father, James H. Merriman, spec ially employed by the State, coul.I be present. Judge Pritchard grant ed the request and set the hearing; for 2.30 in the afternoon, and re manded Wood and Wilson to the ens tody of the deputy marshal. Bonds in the sum of $200 were allowed and the indicted agents were once mora in the enjoyment of their liberty. Tennessee Bank Short $39,000. Gallatin, Tenn., Special The doom of the People's National Bank are closed pending an investigation of the condition of the bank. Some ir regularities were discovered severs! days ago and President Payne tele graphed to Washington for an ex aminer who is now auditing the? books. A discrepancy of $39,000 has been found in the accounts. Two Fatally Shot, One Seriously Wounded in Pistol Duel. Lexington,, Ky., Special. In m pistol fight that took place in a sa loon at Pound Gap, on the Kentucky Virginia line, two men were fatallv shot and another seriously woundeL William Robinson and John Centers between whom an okl grudge existed, met, and Centers opened fire. Sever al shots were exchanged and Centers fell mortally wounded. Half .ail hour later ''Babe" Stewart ami Isaac Bentley met and began shootin Bentley was fatally and StewardL seriously wounded. "unurt. ence.