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2 Entered at the postoffice at Wilming ton, N. C.f as second-Class Matter. April 13. 1879- JACKSON & BELL COMPANY TERMS OF SUBSCRIPTION: THE DAILY MESSENGER by mail one year, $6.00; six months, 13.00; three months, $1-50; oe month, 50 CTHE SEMI-WEEKLY MESSEN GER (two eight page papers), bv mail, ne year. $1.00; six months, SO cents, Vi advance. WILMINGTON. N. C. TUESDAY, SEPTEMBER 17, 1907 OX Till; RAILWAY RATE LITIGA TION. "North Carolina's Rate Litigation and Agitation, Constitutional Rela tions of State and Federal CourtH, Comments on Executive Interference" is the heading of an articde in yester day's Charlotte Observer, written for that paper by Iredell Meares, Esq., of the Wilmimrton bar. The heading ie fines the nature of the article. The . article is quite lengthy, but length will not detract from Us value in the estimation of those who are in terested in the important litigation now going on in the courts between the Southern and Coast Line railroads and the state on the question of pas senger rates. It is a most interesting article, going fully Into the facts on which the suits are based and into the law on the points involved as it has been declared by the courts in cases wherein similar questions were raised It is a valuable document for students of constitutional law along the lines of state rights and the co-ordinato powers and jurisdiction of state and federal courts. The article is too long for us to un dertake to give a synopsis of it in these columns. To be thoroughly ap preciated it will have to be read and carefully read. The editor of The Observer was so struck with the article that he gave up seventeen columns of space in his paper to its publication, and also pub lished an ed'oriai a half column in length o it in which he speaks in very complimentary terms of the same, pe characterizes the article as an "able and elaborate argument upon the North Carolina railroad rate litigation and the agitation growing out of it". He says "the pith of the argument is the relation of federal and state courts". The Observer closes its edi torial with this paragraph: There is no attempt to present here a summary of this very Btriking pai per.' The only purpose is to say that . it impresses The Observer as a very able presentation of an argument, and has been found by it instructive and of absorbing interest. Without other comment than this upon the legal phases of the article, it is desired to add that The Observer is in thorough, 5 sympathy with so much of it as depre cates the hysteria wTiich has grown out of the litigation and so much of it as suggests to the people that this is an orderly court proceeding, not improperly but properly constituted in the United States court, and a case for the exercise of sober judgment and not for theatricals or to be settled in passion or under the influence of clam or. It is long but it is enlightening and is worth while. THE SOUTH IN THE SADDLE. If cotton is not king now it is crown prince, standing next to the throne, with its accession too supreme rul-2 only a question of time, and very short time at that. Every new spinning or weaving mill which is built in America or Europe adds just so much to vii value of this crop of the south. What the cotton crop is to the south is shown by the following article taken from a recent issue of the Daily Bul letin of The Manufacturers Record: Commenting on an interview published in New York with Mr. E. H. Harriman, in -which he refers to the prosperity of the south and south west on account of the cotton crop, Mr. Richard H. Edmonds, editor of The Manufacturers Record, in an In terview with The Baltimore Sun, said: "Mr. Harriman's optimism in regard to the effect of the wonderful expan sion of the agricultural interests of the south is justified, bat he is far short of the reality in his statement as to the value of the cotton crop. He credits Texas with a production of cotton of 4,000,000 bales, worth he says, at present prices, $180,000,000, or about $45 a bale, whereas cotton is selling at over $60 ii bale, and if to this be added the value of the cotton seed we would have a total of at least $70 a bale, or just $100,000,000 more for. the cotton crop of Texas than is estimated by Mr. Harriman. Mr. Har riman also says: 'Think what that crop alone means to the country. A $600,000,000" cotton cron means pros perity for the south.' "It is, not a $600,000,000, but more nearly a $90 0, 00 0,000 crop which the south is now getting ready ' to pick. Last year's cotton ; CroB brought to the south about $800,000,000 or. more ' cyfartftlargegt am onnt nyhich that . THE WILMINGTON MESSENGEK, TUESDAY. SEPTEMBER 17, 1S07. section ever received, in one year for cfctoa and cottonseed . "But with cotton now bringing 2 cents or 3 cents fc pound more than at the same time last year, it is safe t estimate that the crop which 13 now beginning to move will bring to the south from $850,000,000 to $900, 000,000. Is Is difficult to exaggerate the tremendous Importance of such an inflow of money. Europe will pay to this section during the next 12 months between $500,000,000 and $600,000,000 for cotton, or not far from $2,000,000 for every working day of .the year. -"The world's tottd. production of gold is now at the rate of $425,000, 000 a year. If Europe could gather together every ounce of gold mined on earth during the next 12 months and dump It into the south, it would still be from$75,000,000 to $150,000. 000 short of paying its indebtedness to the south for the raw cotton with which to operate Its mills. "Legislative action and agitation against railroads have unquestionably halted the investment of outside money in the expansion of the rail road facilities so much needed in the south; but there can be no return to the business dullness and poverty of that section even under these condi tions, in the light of the tremendous wealth to be secured out of cotton. If to this phenomenal sum. which the cotton crop will this year bring, and the prosperity which will come there from could be added an investment of outside capital sufficient to meet the demands for increased railroad facil ities, the south would see such pros perity as no other section of this country' has ever known." Just think of it! The world pouring nine hundred million dollars annually into the lap of the south in payment of one of the many products of her farms, and the demand for this product in creasing year by year. The capacity for consumption of raw cotton by the mills in the Lancashire district of England has recently been increased by the installation of thousands of new spindles. At the south there is a i steady increase in the demand by the mills because of, the continual building of new mills and enlarging of old cnes. New machinery is being invent ed and electric plants are being estab lished to furnish motive power for the mills, all of which tends to decrease the cost of manufacture, thereby broadening the market and increasing the demand for the manufactured goods. Even in the far east the demand for raw cotton from the south is grow ing rapidly because of the increase in i the number of mills there. While, Japan, India,Egypt,South Af rica are striving to become competi tors of the south in the production of the raw material the demand for the article outside or. the United States is increasing far more rapidly than these countries can increase their output. The rapid increase in demand from foreign mills more than counter-balances the larger production of the raw material in those countries, while the wonderful growth of manufacture in the south threatens to cut short the supply of foreign mills from this sec tion. We cannot see why the world is not destined to become more and more dependent on the south for its supply of raw cotton year by year and why the south is not going to continue to be the producer of the world's sup ply and also to become its chief source of supply for the manufactured goods. This statement of fact will show the immensity of the value of the south's cotton crop: If all the gold produced in the world was used to pay for the cotton that Europe takes from the south annually it would fall short of footing the bill by from $75,000,000 to $150,000,000. That gives some idea of its value. DEATH OF DR. MURPHY. The whole state will hear with gen uine sorrow the news of the death of Dr. Patrick L. Murphy, superinten dent of the Morganton asylum, which occurred in Morganton on Wednesday last. The fact that the doctor had been in declining health for a year and that of late it has been known that his recovery was impossible will not lessen the grief, at the sad news,- of his host of friends and admirers throughout the state. The trite say ing "the right man in the right place" which is often used by persons who do not realize the true significance of the expression was fully verified in his superintendency of the Morganton asylum. The whole state recognized the fact that he made an ideal official for the office he filled. It was less than a week ago that we had a con versation with a gentleman who had not very long ago paid a visit to that asylum and had. without any warning to the officers of the institution that a stranger would visit them, dropped down upon them. He was taken over the building from basement to garret I and given opportunity for thorough inspection. He "was enthusiastic in his praises of the manner . in whicn the institution was conducted and of the conditions existing there. Dr. Murphy, we believe,, became superin tendent of this asylum when it firsuj opened for the treatment of the un fortunate ones of our state. His con nection with the asylum began in 1882, we think as the first superin tendent, and he has held that position ever since, during which time he ac quired a national reputation for ability in that branch of his profession. His death is an almost Irreparable loss to the state. It will be hard to nil his place with the field of the whole United States to select from. There is many a person in this state who was take into that institution a. mental and physical wreck, but is now re stored to health, who loves Dr. Mur phy, blesses him for restoration to )health and mental vtgor who will hear with deep sorrow of his death. Truly the whole state has suffered a great loss in the death of this good and wise man. A SIGNAL OF DISTRESS Edgecombe court is in session tnis week. The county authorities have complied with the state law requir ing the state flag to be raised over every court house in the state while the court is in session; but, according to the Tarboro Southerner the flag over the court house there flies "un ion down." That is a signal of dis tress. The News and Observer quotes The Southerner's statement about the flag union down, and suggests it has teen so placed as a signal of distress! be cause of the action of Federal Court Judge Pritchard in the rait'oad rate cases. i If' that be the case then Governor Glenn should be wired to come back immediately from Atlantic City in or der to rescue the state from the dire ful disaster whatever it may be- -which is threatening her in the pre cincts of Edgecombe court house. The governor's absence from the state at this juncture is to be deplored. Were he here we would feel more confident that the great dariger to the dignity (and the sovereignity of the state, warning of which, according to The News and Observer, has been given by the distress signal with the state flag over Edgecombe's court house, could be averted. Had the gewernor stayed in Raleigh instead of having rushed off to one of the swellest and most fashionable resorts of the coun try to seek rest from the strenuous life led in Raleigh, he would have been in call and could have gone, on short notice, to Tarboro and by on3 of his characteristic speeches allayed the apprehensions of the people there of the direful disaster they, no doubt, think threatens the state. PENNSYLVANIA AND NORTH CAR OLINA. A state court in Pennsylvania has declared that an act of the legislature declaring for a two-cent-a-mile rate passenger fare in that state is uncon stitutional because it is too low. Com pare that with the two and a quarter cent rate for this state. In Pennsyl vania the density of population is about four times as great as in North Carolina. In other words, there are, on an average, about four times as many residents to the square mile in that state as there are in North Caro lina. A larger proportion of the pop ulation of that state live in cities and towns. Consequently more of her people travel on the railroads than do of the citizens of this state where tne greater proportion of population is rural. It is well-known that it is the people of the cities and towns that make up the greater part of the pat rons of the railroads' passenger trairs Pennsylvania with many more cities and towns and with a population four times as dense as that of North Car olina attempts to place railroad pas senger rate a quarter of a cent less than does the latter state and her courts declare the act to be uneonstitutionai. Is it any wonder then that the railroads in this state contend that the act of our legislature is confiscatory? and can any unprejudiced person ac cuse them of revolutionary conduct when they go into the courts to have that question passed upon? - It is said the German government is responsible " for Raisull's kicking up in Morocco, and now it is trying to raise a rumpus with France because the latter has not put down the revolt. Moroccan affairs may yet cause serious trouble between those two countries. u " Who can blame Earle's wife for be ing willing to get rid of him for twenty thousand dollars? Any woman ought to be glad to be free of such a man for nothing, or at any expense. MR. TAFT AS REPUBLICAN CAN DIDATE. Mr. Taft seems to be rapidly growing in favor with the .American people as the next republican candidate for pres ident. If the country is to cave another four years of republican rule we do not know any man of that party we would rather see elected to the high office of president than Mr. Taft. Under con ditions now existing and which axe likely to continue until the inaugura tion of the next president we thing the country would be better off with him as president than with Mr. Roosevelt While there are many things about the latter which every one, whether opposed to him politically or his party associate, cannot help admiring, still we look upon Mr. Taft as the safer man of the two. He does not lose his head. He never flies off at a tangent. He ha strong convictions and has the cour age of his convictions, as has Mr. Roosevelt, but he has a more even tem perament. He would never be guilty of the blunders, born of too great im petuously, that have been committed at times by Mr. Roosevelt. Mr. Taft's record as private citizen and as state and federal official shows him to be a ''clean man" and a man of remarkable natural ability which has been further developed by long ser vice in various public position?. He is honest, coolheaded, deliberate and en dowed with man's full quota of physi cal and moral courage. , As we say, if the country is to have a republican as Mr. Roosevelt s suc cessor we do not know any man in the republican party whom we would rather see fill that position than Mr. Taft. We believe he is one of the few northern men who fully under stands the race question in the south. His work in Cuba and the Philippines has given him a clear insight into ,the conditions existing where there are two such distinct races living to gether, and we believe he is fair and honest enough to concede to the white people of the south the ability and the right to salv the intricate problem without outside interference. There are few men the democrats could nominate Mr. Bryan not among the number who would stand any chance of defeating him. The fact that he is well known to be an advo cate of Mr. Roosevelt's policy in re gard to suppression of the evils brought upon the country by the do ings of the trusts and big corporations would give him great weight with the general public. His known bearing to ward tariff revision would add to his strength among the republican masses and would draw to him a number of democrats who would not swallow Bryan's populistic principles. It is our solemn conviction that If Mr. Taft and Mr. Bryan are the oppos ing candidates the former will sweep the country with such a majority as has not been hoped for by the repub lican party since Mr. Lincoln's second election. If he is the successful nom inee the only possible chance of suc cess the democrats would have would be in the nomination of such a man as Judge Grey, Governor Johnson, Sena tor Culberson or Mr. Williams; but the leaders of the party are not going to let one of these be nominated. LET THE PEOPLE CHOSE THE CANDIDATES. "Let the people place a gubernato rial candidate in the race," says a cor respondent of the Charlotte Observer, is the cry of the people in his section. We endorse the sentiment. We think it is time for the people to say who their .candidates and public officials shall be. It has been some time since they have had much vbke in the elec tion of their state officers. It is said the last democratic state convention was dominated by the Southern railroad and that corporation named the candi- ' date for governor, a former attorney of that railroad. What truth there ia in that charge we are not prepared to say, but this waa openly made at the time of the convention and has been often repeated since. It is time for the people to put a stop to such proceedings and to assert their right to choose the man who is to b their governor instead of allowing a small band of politicians to make up a slate before the meeting of the convention and declare to them whom they shall nominate. The people, surely, are com petent to make choice of fitting per sons to represent them in the executive offices of the state.-. They should not be as "dumb driven cattle led to the slaughter as sacrifices on tfce altar of ambitious politicians who seem to think that the more poPle honor them the more they are entitled tt greater honors. Men who seek offlce 'and use such pleas to secure it are not deserving of the confidence of the people or entitled to further honors at their hands. The people should make up their minds as to whom they want to hold the offices and should nomi nate them. The plotting, scheming officer seeker should be made to un derstand that his day has passed. CAN THIS UK? We suppose The News and Observer speaks by authority, as far as it can, from the declarations of the leaders of its faction when it publishes tho fol lowing threat against the Southern and he Atlantic Coast Line railroads in ar effort to intimidate them into aban doning their suits brought legally to determine their constitutional right: It is better for the railroads and better for the people that tho raXe law hfl onfnroeri aa passed. If the case is so presented that the state loses, the next ledslQture will put a iwo-in ?ate on the North Carolina aTid Allan- tic Coast Line roads, and make tuchj freight reduction as will be of great value to all business. Have affairs come to that pass in North Carolina that the mouthpice of the governor and of the party in nower can make such threats against parties to suits pending in the courts, brought to legally determine their rights? Are litigants to be clubbed out of court? Are they to be threaten- ed with revengeful action n the part of the state legislature :; it fu-; i that the law is on thti: i.:itc in t:.e suits now pending? Th Nt ws a'Ml Observer plainly says to ti e litigants in these cases that if th foarts decide that the law is with ihun m then contention that two and a quarter cents is too low a rate for passenger fares the next legislature will be indui ed too punish them for contending in the way the law provides for maintain ing their rights, by placing the rate still lower and by such a law that tho companies cannot have redress in the courts. This is monstrous. It is an archism. We do not believe the peop! -of North Carolina will stand for or submit to any such conduct. We ask Governor Glenn if that is the course he has mapped out for his future action? If the railroads win in the pending suits does he intend to recommend to the legislature to pur sue the course outlined in the above, extract from the democratic organ? Does that article express his views? Governor Glenn has recently denied the correctness of a New York Tribune interview which quoted him as declar ing he favored a two cent rate, and he then declared that he favored two and a half cents as the maximum. How Ldoes he stand now by his former de claration or for a two cent rate if the courts declare the railroads in tlvj pending suits are entitled .j the relief prayed for? Does The News and Ob server speak for the governor? THE CLEVELAND MUNICIPAL CONTEST, t The Cleveland, Ohio, municipal cam paign has opened up in earnest. Con gressman Burton, as our readers know, has given up his congressional career in order to opjwse Mr. Johnson of that city in the race for mayor. Mr. John eon has by his personal jopularity changed a republican city into a dem ocratic one. Mr. Burton is considered the only man who can opiose him with any chance of success. The con test is going to be a hot one. It is said that both President Roosevelt and Mr .Bryan will make speeches there during the month of October. We wish a joint discussion between these two could be arranged. The country would greatly enjoy Buch a debate, but we doubt that either one of those rxen would consent to iL It would be a rather undignified proceeding on tno part of the president In fact, we think the propriety of his taking any part In that municipal campaign is very questionable. It seems to be considered that the result of this mu nicipal contest will have much bearing on the success of Mr. Taft In carry ing his state solidly in the republican national convention. That is the chief reason why Mr. Roosevelt is so much Interested in Mr. Burton's election, and no doubt Mr. Bryan thinks that the latter's defeat might have great weight in causing the defeat of Mr. Taft for the republican nomination for presi dent We cannot help believing that Mr. Bryan, if he is to be the demo cratic nominee for president, had rather bo opposed by any other man in the republican party than Mr. Taft, for the secretary of war is beyond all doubjt the strongest 1 roan' the .republi cans could nominate. j-We believe he is even stronger than Mr. Roosevelt with all the latter's popularity wlti the masses. He is the most dangerous opponent Mr Bryan could have. There fore any thing Mr. Bryan can do to weaken his chances for the nomina tion he will not shriuk from doing, and. on the other hand, Mr. Roosevelt will do all he can to strengthen hid candidate's position. It can be said that the Cleveland municipal camial.m is the initial battle in the contest lo: the nomination of Mr. Taft. and for thls reason the whole country wi! take great interest in Its outcome Till: PANAMA CANAL PAPFJl We see it announced that the Pana ma canal commission Is going to start a weekly paper at whip point on th canal zone. One of the membt r the commission, who is really the press agent of that body, is going to be at the head of the concern Wo suppose this is to be done for the pur- Qj Iose of grinding out weekly accounts wonderful progress that is ! e lnK mads in the work on the can..!, e wlll poon tonu. im, tils .,........ Taper will be publishing adw.tw- ments of salubrious summer n "rt- on the isthmus. This canal ion-illusion editor draws a salary of m, thousand dollars a year fn tn tl. ernment. He is the biggest s.tl ri.-l weekly newspaper editor in th- 'vm i States. His is a position -'ih ! scrambling for. There Is nian a n.a wh would be willing to put up Hjt'a the i:Kq::ito.-s. aligators and mal.i-r; , lo betonie tdiUr (.f t!.t p:.;n Iu I only duties will 1..- to l;. ep th- : ri. i fan going and to writ.- lies a! o.:t v. hat ! Is going on in the canal zone. No u ai:.- j has yet heen seme on iur mi- ic ! so far as we know, but w suggot that it be called the Panama Annanias We think that would be the most ap propriate name that could be chosen. Health In the Cnim! 7.on-. 'he hi.irh p-iid fn:ik rhty temptation lo oiu yoiin:'iW Tl mighty temp sans to io'.n tfw force of workmen j needed to construct the I'anmmi Ca- nai. Aiuiiy are i mhiiium uy me itui of fevers and malurla It is the know ing ones those who hav used Klec trlc fitters, who uo then- without this fear, well knowing they are af' from malarious influence with Kleotric Hit ters on hand. Cures blood poin too, biliousness, weakness nd i'U Monach. liver and kidney troubles. Guaran teed by IL R. Bellamy, druggist. EOc. We are obliged to the Washington Herald for the infrmat!on that "three parties charged with peonage in Florida, one came from Maine. on from Massachusetts, and one from Cau ada." The Herald adds that "nat urally the Sunny South cannot re press a smile." Salisbury Post. lAYst nntl Fonicl. veen & 30 p. ni., y'CJV Lost, betwc and non today. day, a bilious &tukv"Xi ick headache. ThiK In nausea and was occasionel by finding nt H It. Bellamy's drug store a box of Dr. Kind's New L.lfe Pill?. Guarar.t-.d for biliousness, rnnlaria and jaundice. 25c Guilford must look for a st of m-.Y representatives in the legislature n'-xt year. With Holt running for conup-.v Dr. Gordon for rog Later of deds atwl Mr. Justice for attorney goner:. 1 or governor (which?) we must seei: n-w material. Greensboro Record. Healthy kidneys filter the i?n: url tles from the blood, and un!s- th;' do this srood hcalth !m Imp"-'-Foley's Kidney Cure mak souml k i ! -neys and will positively cure all l -rm -of kidney ar.d bladder di-as- It strengthens the wholo Fyt-m. Jo.-. C. Shephard and The J. Hlrks Bun tine Drucr Co. Mr. Foraker cannot hurt the south and the south cannot hurt Mr. Fon ker, but it may have the? pleasur 0t jseeing him lose his Job. Durlv.i Herald. Turn Your Into Dollars ACCIDENT POLICIES OF THE MARYLAND CASUALTY CO. Pay Dubl0 Indemnity for injaric m Udned in railroad, rtfanutilp, elerutor, burning boUdlngs a ad boiler explosion accident. Yon should have one; tltey are the best. DICKINSON & DAVIS, OXFORD SEMINARY OXFORD. N. c. 1850 I9D7 ILLrSTRATEi: CATALOGUE, con taining particulars as to advantages and charges sent on application. Board. Llbray, Medical and full Literary Tuition fees a year $155.00. P. P. HOBGOOD, President, ja 25 t tn th sa. .