Charlotte home and Democrat. [volume], May 02, 1884, Image 2

About Charlotte home and Democrat. [volume] (Charlotte, N.C.) 1881-1887

Image provided by: University of North Carolina at Chapel Hill Library, Chapel Hill, NC

                
Home - Democrat.
CHARLOTTE. N. C.
Hon. Alfred M. Scaie3 for Governor.
The stereotyped saying that "this iathe
most important electiou wo ever had in
the State of North Carolina," can be truly
applied to the election that is to take place
in 1884. vV e wjU be called upon to cay
at the ballot box, if we are willincf to see
the manageroeotof 'the tate .Government
pass into hands of a' "patty" whose record
blackened the pages of her history, from
18G6 to 1876. a Dart v who' will cm y out
ideas of centralization of the' powers of
the government aud forever blot out 'the
last vestige of "State Rights,'', do away
with the present county government sys
tem, tax the white people to educate the
negroes, and, perhaps, wind up by asking
Congress to pass a civil rights bill. I ask
the people of North Carolina if they will
allow local matters to . influence them to
such a degree as to prevent them from
taking a lively interest in matters of so
great importance to us, and our children.
That we have slight differences of opinion
among ourselves on the question of the
tariff, there can be no doubt; that is a
family affair and will all be fixed up at the
proper lime. The first great question lor
us is, to see that our good old mother, (the
State of North Carolina,) is looked alter,
protected, and kept out of the hands of a
party who would defile, corrupt, and de
grade her. ' - '.
Wo will be called upon tho 25th day of
June next to say who shall lead us in this
great battle for the rights we hold so dear
and sacred, and for the maintenance of
the traditions of the Democratic party.
While I would noJ, for an instant, say one
word disparagingly ot any one of the sev
eral good and tried Democrats mentioned
for that important place, yet, the gentle
man whose name heads this article (lion.
Alfred M. Scales) is a name .that has be
come a " household word." A man that is
available and eminently qualified in every
respect to fill the place of Governor, hav
ing been tried in various positions and
never found wanting.. . Who .from close
application and long experience in legis
lative bodies has enabled himself to look
ahead, and give shape- and direction to
policies of the Democratic party, that has
made him a great leader of. men. Re
member his first speeches in Congress,
compare them with the current events of
the day, and you will see that he possesses
a large share of those raro qualities that
go to make up a statesman. In present
ing tho name of the Hon. A. M. Scales for
Governor, we need not fear that he will
ever be on the defensive, he will give us
an aggressive campaign, his record is but
a living example of truth, honesty and
.morality. i Democrat.
Goldsboro, N. C. -.. , -.
U. S. Railroad Commission.
The U. S. Senate committee on rail
roads unanimously reported, with, a few
minor amendments, the bill prepared by
Senator Cullom to establish a commission
to regulate the interstate commerce and
for other purposes. It creates a commis
sion to be kuowu as the Interstate Com
mission, of five members, to be appointed
by the President by and with the advice
and consent of the Senate. It provides
that not more than three of the commis
sioners shall be members of one politi
cal party. The commission shall have
supervision overall matters pertaining to
the regulation of commerce among? the
several States and Territories and the
methods of operation and transportation
companies engaged in interstate com
merce, and it is made the duty of the
commission to enforce the provisions of
the act by all lawful means within its
power. If any transportation company,
engaged in interstate commerce, shall de
mand or receive, in transaction of business
of interstate commerce, more than reason
able rates of compensation, it shall be
deemed guilty of extortion, or if any such
company shall, directly or indirectly,
by any rebate, drawback, or other device
collect, or receive from any person
greater compensation for any service
may render in Us transaction of inter
state commerce than it collects or receives
from any other person for like service, or
il it neglects or refuses to furnish equa
facilities, it shall be deemed guilty of un
just discrimination. The - complaints of
extortion or unjust discrimination, are to
be investigated by the .commission.
Piatt D.r Walker for Attorney-General.
There seems to be a growing sentiment
among the Democrats over the State ; that
all the men now holding the State olliees
ought to be turned out aud entirely : new
set put in. In that opinion the writer of
this takes parti .;In ,view of the expected
change, I beg leave to . plaoe , before the
people of the State the name of , Piatt D.
Walker of Mecklenburg, for the office of
'Attorney-General. 4 I, do not do this at 1m
request nor, merely to 3ee the man promot
ed, but I do it from an ,, honest conviction
that the office will be, better filled by him
than by any other man in tho State. , As
to his qualifications; for the office I . need
say nothing to those who have known him
'personally or to those who have heard him
in the practice of his profession. lie would
be a safe counsellor for the State and an
able advocate and defender of her legal
rights. He would bo careful, painstaking
and accurate in compiling and digesting
the Supreme Court Reports. In a word,
he is tho man for the place. If any reader
of this should fear that the representation
here made of the man is . extravagant, let
him ask any Judge of the Supreme or Su
. perior Court bench before whom Mr Ya-
, ker ever practiced, and I am satisfied that
after an investigation of his merits the en
quirer will agree with the writer of this
that for. Attorney-General we must have
Piatt D. Walker. S .i. ,. , u
1 Don't Sign Petitions Without Reap
ing Tiiem. Speaker Mardeh, of the Mar
Bachusetts Ilonse of Representatives, told
a good story at the: New: England Club
dinner recently, illustrative of how people
sign petitions without reading them. A
- petition was recently received in the House
praying for legislation to fix more definite
ly the rights of colored children in tho
public schools. The petition had been
widely circulated by colored people, and
it bore the signatures ol judges,prominent
business men, and various public officials
without regard to color. The preamble
of the petition read, when presented : "We
the undersigned, parents of colored chil
dren, fcc. , , ,
Served him . RiGiiT.r-Helena, Ark.
April 25. John Henderson, negro, was
hung and his body riddled with ballets in
Bolivia, Mies., yesterday, by Mr Davis and
neighbors. 1 he negro had horribly as
saulted Mr Davis s daughter, from the ef-
teots of which she will die. :
The Federal Court at Statesville.
From the Statesville Landmark. ,
The" Federal Court convened Tuesday
morjnio.g, A pril 22d. Judge Dick's charge
was heard by a court-house full of people.
He was brief, "explicifand very' interest
ing; The court took up the docket Tues
day afternoon and has been busily engaged
in the trial of the cases on it, which are of
about the usual character. Below ia a
record of the proceedings of the court
up to the adjournment Thursday evening:
United States vs. Eugene Johnson, in
dictment, tobacco case; defendant called
and failed; judgment, no sci fa or capias to
issue if bond is filed in 60 days, etc. Two
other indictments and two libel cases
against same party continued for Bickness
ot defendaut.
United States vs. Martin Gner, in
dictment, retailing spirits; verdict not
gnilty. .
United States vs. Jen. Ulme, indictment,
distilling; verdict guilty.
United States vs. Nicholas Xork, indict
ment, distilling; verdict guilty.
United States vs. G. U. iiutcbins, ues
Hutchins, indictment, wholesaling, fcc.;
verdict not guilty. , .
United States vs. Julius lork, indict
ment, distilling; verdict not guilty. :
United States vs. Oscar AtKinson,
alias Wilcox, indictment, distilling; verdict
United Slates vs. IS. A. JNance, indict
ment, distilling; verdict not guilty. : '
United States vs. A. 1. Jtveattp,
changing capacity of still-house, etc.; con
tinued.
United Stales vs. L. A. Ileiley; con
tinued. -
United States vs. Q. D. Freeze and John
Cashion, imlictment,entering cistern room,
etc.; verdict not guilty. .
United States vs. Julius York, o. McD.
Tate, sci fa ; d'umissed. ...
United States vs. J. 11. Cook, indict
ment distilling; verdict guilty.
u nited States vs. Y. Roder, indictment
distilling; pleaded guilty.
United States vs. fiber lirogg, indict
ment distilling; continued for sickness.
United States vs. Robert Buff, indict-
ment distilling: verdict guilty.
United States vs. Amanda Uula, re
tailing; pleaded guilty; judgment sus
pended.
United States vs. lietsy A. LiOgau, re
tailing: same..
Five civil cases against P. B. Tathum
and others on warehouse and distillery
bonds; transferred to Asheville for hear
ing.
The court was still in session this week.
Railroad Matters. r:
The earnings of the Western North
Carolina Railroad for the secoud week in
April were $3,012.60 in 1884 and $5,593.39
in 1883: increase. $2,419.30. For the two
weeks of April $15,311.31 in 1884 and
$11,029.91 in 1883; increase, $4,281.40.
The approximate earnings of the Rich
mond & Danville Railroad for the second
week in April were $84,400 in 1884 and
$72,200 in 1883: increase. $11,200. For
two weeks of April, $171,100 in 1884 and
$146,200 in 1883 ; increase, $25,900.
The earnings of the Charlotte, Colum
bia & Augusta Railroad (for freight only)
for the second week in April were $9,900
in 1884 and $8,600 in 1883 ; increase,
$1,840. For the two weeks of April,
$19,841 in 1884 and $16,258 in 1883 ; in
crease, $3,584.
The Richmond & Danville Exten
sion Company Directors have authorized
the construction of the Columbus Gap line
on the Georgia Pacific Railroad. The new
line will be extended to Birmingham, Ala.,
and will be laid with steel rails. The
new work will cost $9,000,000.
Last week the track of the Western
North Carolina Railroad between States
ville and Couover was laid with new steel
rails, between Monday morning and Satur
day noon.
Our Fish and Oyster Industries.
North Carolina has a splendid oppor
tuuity of becoming the greatest fishing
and ovster State if she will avail herself
of it. Her fisheries produce $827,695
yearly. Can they not be made to pro-
ii
iuuo lu ui Liiit tiiuea uiuie mail tun i
From the shad $329,569 is realized. The
annual value of the herring is $142,784,
he mullet amounts to $80,500. But the
oyster product is but $60,000 nothing as
compared with the large- oyster fields
uoi th ot us. We are assured by Col. Par
dee, who visited the New River and other
sections, that the area that can be devoted
to the oyster, business in this Mate is as
eat as that of Virginia, Maryland or any
Other State. Wo must have a railroad
euetrating Onslow, and then Wilmington
can be made the centre of the large can
ning business. . . . .,
We learn from tho last report of lish
Commissioner Worth that the: oyster dis
rict extends from Wilmington to Croatau
Sound, a distance of about , two hundred
miles, lie says every quality exists from
the largest to the finest stock down. , Ve
quote what he says of the fisheries:
"To Mr John S. Leary of Ed. Nenton,
C, who is an. operator of pound nets I am
indebted for the following facts concern
ing the river fisheries about Edenton: ' '
"In a stretch of thirty-five miles of river
and sound there are operated 227 ; pound
nets in which are used 45,000 or 60,000
yards of net six to twenty feet deep.
Average catch lor these per annum shad
25,000 to 28,000, herring four or five mil
lion, rock and perch 150,000 or 200,000
pounds.'5 Of seines'there are six, contain
ing 13,000 yards of netting from 18 to 30
feet deep! .Average catch of . snad 125,
000, herring six to seven million,' rock and,
perch 175,000 pounds. These fisheries lie
between Perquimans River' and the Em
peror on the North side, and Lee's fishery
and H,den House 1 oint on the South side,
The sea fisheries are very important in the
amount of yield and in the great variety
of products which are numerous and of
the moBt saperior quality, embracing the
Spanish mackerel, pompano or sunfish,
diamond-back terrapin, oyster, shrimp,
craos, ec."
Mr Worth Bays the oyster and fish in-
terests have been much developed
rests have been much developed since
the census of 1880 was taken. We quote :
"The oyster business has increased
largely iu every direction and menhaden
fisheries have been established with an
extensive oil and fisn scrap factory at
l5eautort. lhe catch of bpanish mackerel
for the State was then reported at 10.000
pounds, and it is now 150,000 pounds at
Beaufort alone. The i total catch of blue
usuBMpumuwinmuuug pouous nu
now at Beaufort alone the catch is 1,500, -
nnn J J ..
uuu puuiius aim bo on iu oiner species.
Wilminntmi Star:
" "
"Justice to All" is the Motto
-- "j jvmum... xu pspci
snouid pe suppressed at once unless the
auiuunues want a massacre. xree rrew.
State News.
J3T Hon. Walter F. Steele, of Rich-
mond county, will deliver the address at
the approaching commencement of the
Greensboro female college.
Simplify the Indictments, remove
some of the restrictions incident to the
geiung oi juries aim nave Feeuy ""r
... i l. i
: cbllll W Will u icnci a iuvd ou
lynching. Warrenton Gazette.
. .J v n
23? According to the Exposition JNews,
twenty-five counties have made appro
priations, to the state exposition, giving
sum 'j twelve thousand dollars to nave
their respective localities shown in this
great State enterprise.
S2T" Col. II. B. Short, of Columbus
county, has many friends in this section
for JLieut.-Governor. They will doubt
less be heard from at the State Conven
tion. The Board of Medical Examiners
of the State of North Carolina will meet
in Raleigh, N. C, on Monday, May 19th,
1884, and from dy to day thereafter
until all applicants for license are ex
amined. B- Rev. Dr. J. T. Bagwell of Try on
Street Methodist" Church Charlotte
preached two entertaining and instructive
sermons in the Presbyterian Church last
Sunday. From what we heard the Doctor
has few
25th ult.
superiors. Gastonia Gazette I
Sdir Notwithstanding all the vicissi
tudes through which they have come,
wheat and winter oats in this county ar
looking splendidly. Farmers seem not
to attach much importance to the recent
change in the color of some of the wheat.
Our judgment is that one-third more wheat
- t j ii i . . i- 1 1 .1
was sowed m ireaeu last iau man mu iu
before, though the acreage last year was
very large. htatesvule liandmark.
TiiR N. C. Univebsity. The com
mencement exercises of the University of
North Carolina will be held June 4. The
address before the Philanthropic - and
Diaietic literary societies will bn delivered
by Hon. Henry Watterson. of Kentucky.
The baccalaureate sermon will be preached
by Rev. J. B. Hawthorne, D. D., ot Vir
ginia. The representatives ot the uiaiec
tic society are : A; H. Eller, F. F. Patter
son, O. B. Eaton; Philanthropic society,
A. W. Long, II. A. Latham, E. W. ron,
Jr. Mr J. S. Mann is chief marshal; his
assistants being E. M. Faust, C. G. Wright,
E.F.Strickland, N. A. Sinclair, li. YY.
Arrington, J. R. Monroe.
A New North Carolina Patbnt.
Mr Wra. II. Wetmore, the enterprising
shoe manufacturer of Raleigh, has just re
ceived letters patent from Washington'on
a new kind of shoes, of which he has al
ready made extensive sales. The ball and
toe are sewed, and the sole at the snank
. .. 1 . . m
is lastened to ine upper Dy sianaara
screws. The great difficulty with sewed
shoes hitherto has been the ease with
which the sole breaks away at the shank.
This combination gives all the benefits of
a sewed shoe, and obviates this difficulty.
Messrs. W. II. Wetmore & Co. now use
two patents the patent riveted seam
(which they control in North Carolina) and
now their own patent. And they are
doing a big and increasing business.
Raleigh Chronicle.
Tuk. University. The catalogue of
the Uuiversity of North Carolina for
1883-'84, just issued, contains the follow
ing summary of the students of the year
m the several departments :
Post-Gradute students, 11
Fourth Year students (Seniors), 20
Third Ye3r students (Juniors), 31
Second Year students (Sophomores) 45
First Yeart students (Freshmen), 42
Optional students, 39
Law students, 28
Students in Medicine and Pharmacy, 7
223
Washington News.
The time of the House of Representa
tives is now occupied, mainly, by speeches
on the Tariff bill, and many members have
0ne home to avoid the nuisance.
During the present Congress 6,858 bills
have been introduced in the House ot
Representatives. In the last Congress
during the same period the number of
bills introduced was 6,021.
Maj. Dowd's joint resolution authoriz
ing the Secretary of War to lend to the
city of Charlotte for the 109th celebration
of the Mecklenburg Declaration of Inde
pendency two hundred flags of tbe: Uni
ted States,' was introduced in the House
last week, and passed ' without objection
from any quarter, lhe resolution passed
the Senate this week.
So far it is understood that three North
Carolina members desire to be heard on
the tariff bill ; " Messrs Bennett, Cox and
Green, ' , ,
Representations having been made that
there is a scarcity of fractional silver in
some Business quarters, it nas ueea aBuer-i
- . ' . .
. i ' . . i .i
nnn'nftn u:u u-
had on application, and payment made
thftrofnr in , nthnr fnnda. Sino.n Onlnhpr
1st, when the appropriation for transporta
tion y the government was exhausted the
amount of fractional silver held by it has
been increased $2,500,000 or from $26,
500,000 to $29,000,000. The urgent de-
on;,w. to;,k ,i. ., ,;m-.
.u : ,
the silver, but the bill which was reported
A ' -
to and passed by the House on the 17th
of March and by the Senate with: an
amendment on the ,21st of March, is yet
hung up between the two Houses in con
ference, and the appropriation has not yet
been made.. In the meantime, the treas
ury is prepared to supply all applicants
for fractional silver coin, but in the ab
sence ot . any appropriation for express
charges, the latter must be at the expense
of those applying for the coin. ' . ; i
Gen. Comstock, of the Mississippi River
commission, was oeiore the House com
I mittee on levees and the improvement of
the Mississippi River. He said it would
pay the government in a commercial sense
to invest $75,000,000 or $100,000,000 in
the improvement of the Mississippi '
Mr Frye of Maine, presented a petition
from the Governor, Executive Council.
Secretary of State, and other citizens of
j Maine, praying that Congress may appro -
I priate money in aid of the Cotton Exposi -
i nou &t pi ew wrieans. n presenting tne
I petition Mr Frye remarked that Maine
i was as lar irom juomsiana as any one
! ntmA nti';l.:n tit. i;m;t. t TT:
I - r - r . ..
xv u a v VU V S VUSU VUW 11U11 LB ill btlt3 1J UI
ted States and he was very glad his State
1 took so much interest in the New Orleans
vuiwu xxpueitiuu. nt3 . eiuuereiy nopea
I that a suitable appropriation for the ex -
i poBiiion would De made DV Uon press.
-
1
i W 1 i. ,V ' "...
Slate vs. Leak. An appeal of the ac-
cusedln misdemeanors may be; withdrawn
by iiis counsel "with" the consent ; ot the
attorney general, and in such basevtfiis
court will not examine the record
But in felonies it must appear affirma-
tively that the prisoner advisedly assents
--
to and desire the withdrawal ot his
his a iv
Mnndavys. Whissenhant.- A contract
in which the obligor engages to give the
obligee (who was not authorized to appear
for parties litigant and manage law suits)
one-half of the land ia dispute or one-half
its value in the event of recovery, as com
pensation for his services in the manage
ment of the suit, is against public policy
and void. .,.:'.. y. . . i ; -..-!::.:
; Markham vs. Hicks. li The ' debtor'
estate, in its entirety, in the homestead is
protected from sale under execution until
the expiration of the period of exemption.
The Code,., section 501 and. following.
The law prohibiting the sale; of the 4 re
versionary interest" is not changed by the
fact that the act of 1870 (Battle's Revisal,
chapter 55, section 26) is not incorporated
into the. Code..' v.-d : , v.-. 1 15
2 Thj; legal effect :Of the; homestead
laws is to protect the occupant in lh en
joyment, of the land set apart as a home-
stead, unmolested byjiis creditors i
tit-
Abbott vs.- Railroad. 1.; The plaintiff
was elected secretary and treasurer of a
railroad company at a salary fixed, by. one
of. itSMpyrlaws, and entered upon and dis
charged the duties of the office, until , his
successor, was chosen. , Held, in an action
to recover his salary, that the plaintiff, is
not, required ito showithat such services
as appertained to the office were per
formed i where, .the answer vl the de
fendant admits the duties were discharged
and offers no evidence ta support any o.b-i
jeciion to the. manner and kind of .service
rendered. , ; v -...
; 2. Held., further.:. The, , by-law. consti
tutes the' contract between the parties,' and
under a stipulation contained therein the
compensation, though measured by . the
day, is continuous during . the term of
service.and not dependent upon each day's
work. ; u
Railroad vs. Deal.- 1. A tenant ,may
remove a building erected by him for the
better enjoyment of his trade while he re
mains in. the possession of the . land, .but
if he neglects, to . avail himself of this
right during the : term, . the nature of
the property and ; the uses to which it
was, devoted, as shown in this case,,, will
serve to. rebut the presumption of aban
donment., . . f, , ,., : ; .,-
2. Where it.; appeared, that the owner
of the .land consented verbally that, the
plaintiff company might erect a depot there
on lor railroad business; it was held that
the btructure did not become a part of the
freehold, and the plaintiff and the right to
remove the same. . ,, .
University vs. Harrison. 1.' The death
of one who has . been absent for seven
years or more is, inferred where, it is
shown that reasonable inquiry has been
made of those most likely to hear from
him if he were not dead, and that
in the meantime he has not been heard
from. ' f; .
2. There is a presumption of the law
that every person dying leave heirs, how
ever remote; and it is incumbent upon the
University claiming land by escheat,to re
but this presnmption by proof founded
upon such inquiry.
3. The testimony of a witness for
plaintitt to the enect merely that lor a
long time he had not heard from the sup
posed deceased, or that., he ever married
and had children, is competent to go to
the jury to be weighed by them, upon an
issue as to the death and existence of
heirs, but does not raise a presumption
that there are no heirs, requiring the de
fendant to combat it.
lianK vs. olmpson. An action was
brought against an endorser of a note
executed by a firm in renewal of a former
one, the transaction taking place in South
Carolina, and ' purporting to have been
made at Charlotte in this State.' Hut the
note teas sent and delivered to plaintiff
bank at Charlotte to be discounted. One
j of the firm was' adjudicated' a bankrupt
upon his individual petition and the note
was proved against nis estate, and tne
plaintiff bank and other creditors gave
their" assent as required by law to his dis-
uuai x lie 'vaunt uiauuiibcu tuc uutc
and at maturity extended the lime tf pay
ment to the makers for a valuable consid
eration, but reserved its rights against the
endorser rl:leld: ' ., . '- '
1: Ine conrf " properly refused to
charge there wasno evidence of a reser
vation 'of, right against 1 the : defendant1
surety? i ' ' ";'J
2. The court also properly' refused to
permit ine panxrupt s scneouie to oe m-
troduCed; as evidence that the 'contract
was made in "South Carolina. It relates
i 'v,Ti & a . '
I In nil hart 1 am itipff -linn txrou rt nnmna.
I tent upon the disputed facts between the
r V .rJTi, , . ; "
I eaCn:lner' ..." .. ' - r . ' . I
each' other.
3. 'The evidence of 'it!l inemVeV of."' the'
firm in refereWce to the manner of endorse
ment of the renewal note for' the purposes
ot continuing the negotiated loan, was ad
missible.
4. The contract is governed by the laws
of thid States being consummated here
and efficacy given to the bote by i de
I livprv Anrf npornt.ial.tnr. f th hunt in inr.
uance Of the 1 intent of all the parties
And no demand or notice of non-payment
is required to bind the endorser. I ;': 1 ;
?i 5. Ai; surety VTubility; to: a creditor is
not affected by. a ;certificate;.of discharge
in oanKruptcy granted, to ' the principal.
oucn discharge is llie act Of the 'law
and does not 'release One liable for the!
same debt, either as partner,1 endorser,' ' or
: otherwise:"' AndT a creditor's assent to the
discharge isi that it be granted under the
baoKrqpt ia.w,
Morrill vs. Mufrill. The Superior court
has no power to modify or change ajudg
ment or decree ot this court certified to
the court below.'' Its powers are confined
:. .1..' :. . 1 ii- . ... i
10 incidental matters pi detail, necessary
to carry the decree into, effect, not incou
sistent therewith. The. rule that Superior
court have '. 'authority to' " vacate ' or
1 modify decrees made in a cause, at any
1 l,me before final judgment, .does not ap-i
1 PJJ here:' ' ' J- ; : - ; ;
I.. ... .-, l - .
I State vsRdyaL-The-verdlct'or a iufv
I -. f t V i. . , "
I we impeacneq oy one oi us mem
I bera. '"";"'ui','i s''"-i '' '
I -
I State vf- CrnmnWTh r.flro nf
i taiuiug gooas oy laise? pretence is a mis-
j demeanor punishable by fine not Jess than'
1100 nor more than S1.000. or hv mnr nnn.
- --.j i j aHVH
N. C. Supreme Court Decisions
' V 'Pnnff Term, 1884. ; V
ment in the penitentiary for not less than
One, nor more than five years, or both, at
the discretion of the court.
--rotter vs. Commissioners of Swain.
Orders upon the treasurer were issued
by the county commissioners to the jailer
to pay for provisions furnished prisoners
in jail, which orders were assigned to
the plaintiff. Afterwards- the commis
tioners passed a resolution forbidding pay-
ment by khe; treasurer upon the ground of
fofficiaf misconduct in the jailer in setting
the prisoners lree without requiring them
to pay costs for which they had been com
mitled.thereby causing loss to the county;
leld, in an action to recover the amount
of the orders, that the acts imputed to the
plaintiff's assignor do uot constitute a bar
to the suit.
2. The official misconduct Ufa. matter
altogether distinct and separate from the
right to enforce payment for supplies fur
nished prisoners on behalf of the county.
be malfeasance charged is a tort in con
tradistinction to the contract out of which
the cause of action arose, and therefore can
ot be recognized as a counterclaim.
Moore vs. Vauderburg. An appeal
must be entered of record in the court be-
ow, and the transcript of the record must
show the same, to give this court jurisdic
tion. Jackson vs. McLean.- A summons or
other process may be amended at the dis
cretion of the court, where the defect is
of a formal character, which would be
waived by a general appearance or answer
pon the merits of the case, provided tne
rights of third persons are not affeoted and
no protection te withdrawn from the officer
who served it.
Cowles vs. Ferguson. 1. "In ejectment
the plaintiff alleged he waa the owner of
tract of fa id, describing it by well de
fined boundaries, and that the: defendant
is in possession of part of the same; and
the defendant claims title in himself and
admits he is "in possession of said tract."
he plaintiff, introduced in evidence a
grant covering the whole tract, and the
delendant proved be had been in pos
session ot a, small part, included within
the boundaries, for thirty years before
suit brought; Held, first, the admission in
defendant's answer must be understood to
be confined to the part of which he is al-
eged to be in possession; and secondly.
the failure to disclaim title to the part out-
ide of that admitted to be in his posses
sion, will not affect the defendant s right
to remain in possession of so much as he
shows title to.
2. The plaintiff may recover and the
defendant will retain so much of the land
as - each ' shows himself to be entitled to
upon the evidence, unaffected by the fact
that both set up a claim to the whole
tract " " '
3. Distinction between the former prac
tice in ejectment where possession was re
covered without affecting the right of
property, and the conclusive effect ot a
udgment as - to the title under the Code,
pointed out. '
Saytor vs. Powell. 1. A widow is not
entitled to homestead in lands of the hus
band it he die leaving children minors
or adults.
2. An heir twenty-one years old is not
entitled to homestead in the lands ot his
ancestor.
ADDITIONAL OPINIONS
Delivered by the Judges on Monday last
George W. Huntley vs. II. .Mathias,
fronAn.8on no error judgment af
firmed.
Joseph Smith and wile vs. Frank Bris-
son and wife; from Robeson error judg
ment reversed and judgment for the de
fendant.
A..J. Kivett and wife vs. A. A. Mc-
Kethan, from Harnett error new trial
awarded.
E. F. Ashe vs. J. T. Gray, from Anson
petition 10 rehear former jadgment of
bupreme Court reafhrmed.
J. A.-Campbell and wife vs. E. L. Mc-
Cormac, from Robeson no error jndg
ment affirmed.
Mary A'. Alford vs. E. L. McCormac,
from Robeson no error judgment af
firmed. ,,r s
Roper & Roper and others vs. Town of
Laurinburg, ' from Richmond no error i
Order refusing injunction sustained. - fL
State vs. James Colvin. from Robeson
no errr. ! - -
D. T. Moore, trustee, vs. William Hin
nant, from Johnston petition to modify
j ud grhehfc denied.'-1 14 ' " if-ii'lv'' . i
State vs. Alexander Edwards, from
Cum ber 1 an d error. 1 1 ! ' '
John Buie vs. George D. Simmons, from
Cumberland cause remanded for imper
fect record. f vo.-.- -ii :,- a
Jarrett & Deal vs. vv. R. Self: from,
Catab'a error new trial awarded.
H. S. Led better vs. Stephen Quick, from
Richmond no error judgment affirmed.
ft.. H- " ortny, administrator, vs. A. S.
Mcintosh, administrator, from Moore I
judgment for the defendant. ' " ' 7 ; s
State vs.' Jesse Hewell, from Mitchell-
no error. .
Probably nothing, not excepting the
fashionable drinking saloon, makes more
frequent and persistent calls on the pocket
dook ot the young, including both sexes
than the various forms of deoent, gentee
gambling. In scope it reaohes Irom coi
ton tutures, options in gram and pork and
outer dealings iu margins, to the colossal
lotteries, faro banks, and down to the ordi
nary game ot cards "draw" they call it
ITT I l . n t
ui King peopie oi an classes, who are
hardly able to supply necessaries, are in
duiging in gaming to just the extent their
limited means will allow. The more caret
ful only indulge in lotteries, bonder
what a list of na.me taken from the Louis
iana lottery books would reveal concern
mg me people oi this state. Would it
only embrace the reckless and unsettled
classes of the community ? or would it
not rather embrace a long list of iofluen
tial people, young and old, and perhaps
some( interesting personages of the other
sex. A But betiot frightened the L. 8. L
will take good care of the names, and the
money -senU ? Why are people forsaking
the old, established "methods for doino-
business and gaining an independence, for
the more ' exciting and reckless form
of dealing" in any of the ways of gamb
ling. Point out a man who has won at
"dealing,: and who baa succeeded in life
or who is in a fair way to succeed. Sphere
is he? Where, is the man who laid the
foundation of his fortune to a lucky deal
and who has maintained an honorable
standing among his fellow men ? It does
not pay.:, xoung raao, you make money
by believing this statement without prov-
ug it uy a wsi. oamoury watchman.
" Democratio Organization. : '
Flan for Organizing 'the Democratic
Farty of North VaroUna. , i
Rooxs Dem. Cbntrai. Ex.1 Com., )
. , . v.., . - ; ' . -, Kaleigh. N. C. f
This Committee hereby publish theplanr of or
ganization of the Democratic pariy compueu
from the rules and amendments heretofore
adopted by the Sta'e Democratic Executive
Committee. .
Tmcmhip ijrgaru'zaitoiCi". The unit of county
organization shall be the township. In eacn
townsnip mere snail ne an executive cuiuiuukb
to consist of five active Democrats, who shall be
elected by the Democratic voters of the several
townships io meetings- called by the county-executive
committee, r And said committee to
elected shall elect one of its members as chair-,
man, who- shall preside at all. said committee
meetings. . ; t . , ( . : - ; " ' '. ' ;
2. The several township- executive comamicca
shall convene at the meetmgs of the several
county conventions,or' at any, time nd place-
that a majority oi tneia may eiect, na
elect a county executive committee, to consist of
not less than five members, one of whom shall be
designated as chairman, who shall preside at all
of said committee meetings. '
3. In case there shall be a failure on tne part
of any township to elect its executive committee
for lhe period of thirty days, the county execu
tive committee irom tne uemocrauc voters ui
said township. .......
4. The members of the township committees-
shall elect to any vacancy occurring in said com
mittees... ,-. i. : 1 : : ' '
5. The county execuuve committee shall can
all necessary county conventions by giving at
least ten days notice by public advertisement in
three public places in each township, at the
court-house door, and in any Democratic news-.
paper that may be published in said county, re
questing all Democrats of the county to meet in
convention in their respective townships, on a
common .day therein stated, which said day snail
not be less than three days before the meeting oi
the county convention, for the purpose of elect
ing their delegates to the county conventions.
That thereupon the conventions so held shall
elect their delegates to represent the townships
in the county conventions from the voters of the
respective townships, whicn delegates, or sucn
of them as shall attend, shall vote the full Demo-
nratiR strength of their resnective townships' on
all questions that may come before the said coun
tv conventions. That in case no convention
shall be held in anv townshin in Pursuance of
said call, or no election shall be made, the town
ship executive committee shall appoint such
delegates. ..-,-
6. Each township shall be entitled to cast in
the county convention one vote for every twenty-
five Democratic votes, and one vote for fractions
of fifteen Democratic votes cast by tnat town
ship at the last preceding gubernatorial election :
rroviaea, tnat every lownsnip snan oe eniuieu
to cast at least one vote, and each township may
send as manv delegates as it mav see fit.
7. That in cases where townsmps consist oi
.
more than one ward or : precinct, each of said
wards shall be entitled to send delegates to coun
tv conventions, and shall cast its proportionate
part of its township's vote, based upon the last
preceding vote for Governor in said township.
a. That for the purpose of fully, inaugurating
this sy 8 tern, the preeent county executive com
mittees shall continue in office until their suc
cessors are elected under this system, and shall
exercise all the functions pertaining to said office
under this system or organization.
9. The cnairmen or townsnip committee snail
preside at all township conventions; in their ab-
scence any other members of said committee may
preside. . - . . -, : . .
10, In cases wbere all tne township executive
committees are required to meet for the purpose
of electing county executive committees, said
meetings snail be deemed to have a quorum when
a majority of such townships shall be represented
in said meeting. ..!., -.' ;
Countv and Dittrict Contentions. 1. The several
county conventions shall be entitled to elect to
tneir senatorial, judicial and congressional con
ventions one delegate and one alternate for every
fifty Democratic votes, and one delegate for
fractions over twenty -five Democratic votes cast
at tne last preceding gubernatorial election in
their respective counties, and none but delegates
or alternates so elected shall be entitled to seats
in said conventions : Provided, that every county
snail nave at least one vote in eacn or. said con
ventions.
z. ine cnairman.or in nis absence any mem
ber of the county, senatorial, judicial and con
gressional committee shall call to order their
respective conventions, and hold the chairman
snip tntreor until the convention shall elect its
chairman.
3. The executive committees of the senatorial.
congressional and judicial districts, respectively.
snau, at ine can ot tne respective chairmen, meet
at some time and place in their respective dis
tricts, deiugoated in said call. And it sh all be
their duty to appoint the time and place for hold
ing conventions in their respective districts; and
the chairman of said respective committees shall
immediately notify the chairmen of the different
county executive committees of said appointment,
and the said county executive committees fchall
lortn with call conventions of their resnective
counties in coniormity to said notice to send
delegates to said respective district conventions.
State Contention. 1. The State convention
snail be composed of delegates appointed by the
several county conventions. Each countv shall
De entitled to elect one delegate and one alternate
ior every one nunored and ntty Democratic
votes, and one delegate for fractions over seventy
five Democratic votes cast therein at the last ore
ceding gubernatorial election: and none1 but
delegates or alternates bo elected shall be entitled
to seats in said convention: provided, that everv
coun iy Buai i nave at least one vote in said con
vention. ;,; . ;t! ,t ;
General Rules. I, Such delegates or t alternates
oi absent delegates) as may be present at any
democratic convention, shall be allowed to cast
the whole vote to which their township or coun
ty may De entitled. - - i
2. In all conventions provided bv this svstem.
after a vote is cast, there shall be no change in
such vole until the final, result of the ballot;
shall be announced by the chairman of said con
vention. , .. ' ; ,. ; . i
3. All Democratic executive committees shall
have power to fill any vacancy occurring in their
respective ooaies. '
4. that the chairmen of the different countv
conventions shall certify the list of delegates and
alternates to ine ainerent district and state con-;
ventions. And a certified list of said delegates
and alternates to the State convention shall be
sent to the Secretary of the State Central Com
mittee. - ., .; ,-. . .: ,. . . , . :,.S i
" J. J. Litchford, Secretary.
NEW
SPRING
.0" 2i;-o::::Ii
Millinery.
We have bow ready, our Spring Btyles in
HATS and BONNETS for Ladies, Misses and
Children, and are prepared to show all the nov
elties of the Spring season as far as advanced.
It Is a well known fact that we carry the largest
and most complete line of '
Millinery Goods
la North Carolina. - Our Mr Charley Query
oeing in tue millinery trade m New York City
la uummiug
.-7:.-.i -NEW STYLES .a ,:
As soon as they appear in New Tork City. En
.y new oiyies m Bnape and Novelties inj
Inmmings are now being prepared for the Sum,
Vi . BSUD' V .OI WD1C? ye Will have in stock by
iuay s, ai wnicn time we calculate to show the
.vai mc grauutfsi uispiay oi nne .. , .
Dress Hiats and Bonnets
For Ladies, Miases and Children they have rare
ly if ever seen In, the SoJitb.
Our stock of Laces, iJeekwear, Parasols and
Fancy Novelties generalbr is complete, and will
be sold as cheap as the cheapest.
April 18, 1884. MR8- PUERY-
The Improved j Iron Frame i
THOMAS HARROW.
is :" .... -. '
riom me experience ot some of our best
farmers the "Thomas Harrow" is the best im
plement for cultivating young cotton, corn and
all other young crops. A a section Harrow will
cultivate 15 acres per dav. and rn hnuin
cotton and com with perfect tucceas for the first
two workings. I will furnish names of farmers
desfred nBtDe Xh Harrow In cultivating if
For pulverzing and preparing rough land and
iuvmujs ia sm&ii grain, clover and grass seed.
It is the very thing. I keep a large stock on
hand and every farmer should reduce his ex-
WSXi ESSS! CultiTting
O ? . - Ji G. SHANNONHOCSE, I
Chablottk, N. C, -
, . eneral Agent for this section.
April 4, 1884.
, . Cotton.
New York, April 25. The movement
of the crop, as indicated by telegrams
from ibe South, is given below. For the
week ending April 25th the total receinta
havereached 20,923 bales, against 30,274
bales last week, 30,113 bales the previous
week and 37,091 bales three weeks since
making the total receipts since Sept. 1st'
1883, 4,693,266 bales, against 5,611.909
bales tor the same period of '82-83, show-ing-?
a decrease since Sept. 1, 1883, of 91$ .
643 bales. The exports for the week
reach a total of 33,636 bales, Kof which
20,422 were to Great Britain, 3,577 to
France and 9,637 to the rest of the Con
tinent, while the stocks as made up this
evening are now 572,785 bales. r
During. Wednesday and the opening of
Thursday, the tendency of prices was
mainly upward on accouut of the very
small movement of the crop and the re
duced visible supply; but in view of - thn
considerable accumulation of supplies at
in is iiiameii aim me apprenension Of free
deliveries on May contracts, the specula.
tioniorthe ; rise was conducted ouita
tamely, and last evening the later
months were weaker. To-day there .was
a slight advance on strong accounts from
Liverpool. - .
f TotaV Visible Supply of Cotton. r
New York," April 26. The totalVisi.
ble supply of cotton for the world is
2,819,902 bales, 2,004,402 being Ameri
can; againsi a.uz.&uy and 2,327,609 re
spectively, tlast year. Crop in Bight 5-
497,232. : ; ;
; - Ho w to Know Yocb Fbiend.--a
miserly old Earl had fallen heir to an
estate worth some thousands of pounds.
Being always reputed poor, hie relations
looked askance ai him. Unaware of his
altered circumstances, he tried the follow
ing ruse to know who were his friends :
At the beginning of a hard winter old
skinflint applied to his relations individ
ually for a little assistance to tide him
over the winter. Only one, a niece,apoor
teacher, responded by sending $25 of her
hard-earned pittance, with a promise of
more when her salary became due. , Short
ly ' thereat ter the old man sickened and
died, aud to the astonishment and chagrin
of hiit host of relations he bequeathed to
the poor teacher, whose heart was in the
right place, his whole estate, amounting in
all to $100,000.
Arrival and
Departure
Charlotte.
of Trains at
RICHMOND & DANVILLE AND ATLANTA
Vi & . CHARLOTTE AIR LINE. : ,
No. 50 Arrives at Charlotte from Richmond at
1:58 a. m. Leaves for Atlanta at 2:08 a. pi.
51 Arrives at Charlotte from Atlanta at 3.28 a.
m. Leaves for Richmond at 3 38 a. m.
No. 52 Arrives at Charlotte from Richmond at
12:53 p. m. Leaves for Atlanta at 1:12 p. m.
No. 53 Arrives at Charlotte from Atlanta - at
7:43 p. m. Leaves for Richmond at 8:03 p.m.
CHARLOTTE, COLTJ51BIA & AUGUSTA
Arrives from Columbia at 7:30 p. m.
Leaves for Columbia at 1.-05 p. m. ; i 0 17
t-A.t T. & O. Division.
Arrives from Statesville at 10:30 m.
Leaves for Statesvile at 8 p. m. .',
CAROLINA CENTRAL.
Lieaves for Wilmington at o:lo p.
m,
and! fpr
Laurinburg at 7:40 a. m.
Arrives from Wilmington at 7-.30 a
m
and
- from Laurinburg at 4:40 p. m.
Shelby Division of Carolina Central.
Leaves for Shelby at 8:15 a. m. '
Arrives from Shelby at 5:40 p. m. v ;
Dissolution.
The firm of A. R. NI3BET & BRO., con
sisting of A. R. Nisbet, W. B. Nisbet and W. I.
Friday, has been dissolved by mutual consent, tak
ing eflect April 1st, 1884, A. R. and W. B. Nisbet
having bought the entire interest of W. I. Friday.
In future the business will be conducted under
the firm name of A. R. & W. B. Nisbet.
A. R. NISBET, ,
W. B. NISBET,
W. I. FRIDAY.
Charlotte, N. C, April 4, 1884.
The friends of VV. I. Friday will find him
at the store of A. It. & W. B. Nisbet, where he
will be glad to see them. .. . ; J'
Ii. P. OSBORNE,
Practical Surveyor and Civil Engineer.-.
All engagements promptly filled in: city oi
county." "Mapping and platting a specialty...
Ufflce wita E. K. if. Osborne, Attorney, at Court.
House.
Reference T. J,
' ' Feb. 15. 1884.
Orr, County Surveyor.
now that our . ; ;
OPENING IS OVER,;,
We are prepared to show BARGAINS in alB
our Stock. . We have in store .
500 Yards Summer Silk,
500 " " .
50c. ,
75c.
250
" . " $l.00.; i
Black Silk and Surah at all pjies. Dress
Goods in all the new shades at yrtees from 10)
cents to $3.50 per yard. Ane wck of -'
Jersey Jaokets. .
A full line of Gloves, LaOjes' and Misses' ffese
White Goods in all the nw patterns. Hats for
everybody. We invite,. apeciail attention to our
stock of J ' i ' '''
SPRING CLOTHING,
Domestics that will surprise you" in prices.
Call and see our Goods and hear our pxteesv '-
. T. L. SEIQLE & CO.
April 11, 1884. ... j -
P.' M. .Haie's Publications.
THE WOODS AND TIMBERS
OT
NORTH CAROLINA. , ,
. 1 Vol. I2mo., Clotli Price $1.25.-
"The publication ef such facts in a shape thatt
makes them accessible, is the very best service
thM the public-spiriUd men in the South can do
their States." New Tori World. , : rn;
"The very thing needed. A very Ymportantt
work for the State." Wilmington Star.
, ;HA timely and valuable publication. Musa
prave of great service to the State." Charlott
JSoumal.
"A!r. Hale has done the State a great service."
Biblical Recorder.
"Of such thorough excellence that it deserves
the widest circulation. Nashville (Tenn.) Lum
berman. . ;
The book fo well-printed, on tinted paper, i
handsomely bound in cloth, contains 272 pages
and an. accurate and beautifully executed map of,'
the State, with all its railroad routes defined. '
P. M. HALE, Publisher.
Raleigh, N.
EVERYBODY BOOK .
Answers to simple questions frequently putt
Lawyers by Laymen. o: ... ...
Points in Law of value to every man la Nortk
Carolina the Professional man, the Farcer, tt
Mechanic, the Landlord, the Tenant, the Crojpe
the Laborer 12mo., paper,- 82- pages-Frice
CFive Postage Stamps) 15 Cents. :
For sale by Booksellers generally,
be supplied in quantities on favorable terms,
by either of the undersigned. , , ;Tn j
If not to be had at your local Book Store,
mailed post-paid on receipt of the price, by E. J.
Hale & Son, Publishers, Booksellers and .Sta
tioners, New York; or - - f .r.-M
P. M. HALE, Publisher,
i Raleigh, N. a