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jr COMING Friday, April 3. i Il! %? i' ..?;3--i:; . . :-v.m;->^. V:--.---1 jfe>*?* -';^j :, m^lW^ ' ? o M > Mj'J; I ":, '' . I ' " f<$\ ,' * y.*m s : ?' ^ Vi?' . 1I - 1 : ". fP?{ ., It?*"/ ;' ' s*':' 'Vf ., ( $&.< . I i- *?''?... . " ' '"' ' *m$>\ '' .."' } /!. '. " fe*V\l ' . -\;V; ' ". 'lyf ifJ?M &gm wr; * r" * i. ^ ?~~,5 ^ ^j , Is and Great Trained Animal Exposition i;v i Enlarged to Many Times Its Former Size I (' fir^"' fl{? ,;, WMm I Is He 4$^'l2? 3?5 *^1 ' I I1' SPiNHM @Ps? ' I :! mi'lMmm. t-s n <~-~rt ~t% I ii :||it ff ?|-J|8 p|/;% ^|fSffi I ift! y I iS'M itiii '( i: iJHji';j' iHj |(j^. -^j| g RWHfvrfi 1 r Savv,1 i'i|I'M"!I'M U?! Q J&fl -i/ ^ gj M? *'| | j[ f! j-; ' J^Sj'.j!, jj!;. \ I iji ^ iv - ' Si^j \ '.^ jj^ j ^ ^ J Set; Llie Orcal Porformin^ KU-jiliatiLs, I.ions, Timers, Hcautiful Trained Horses, t Ponies, Dogs and Monkeys. Whole Troup of Funny Clowns Panhandle Pete t> and his Comedy Mules. ji Gorgeous Street Parade at Noon, aud Pig Free Exhibition at the Show Grounds Immediately After (he Parade. wKTAvair.t-ixtjwieecwi.t* \3c^t^jk.njrivmmyurc.vrjikzi'j4atr!txxami jc-jwevammimwimiimiinii iimiiwi a WANTED ;; Every one who is in need of 'j, Fine Box Paper, Extracts, Talcum Powder, Soaps, etc., I to c?U and see our line in 11 Herald and News building ? before purchasing. * We also have a nice line of ? Candies, Post Cards, Easter r Cards and Dyes. Come to \ pr see us before buying. ^ HERALD &. MEWS BUILDING. 1" \ \ RATE LAWS INVALID. Pedoral Circuit lOourts Uphold in Minnesota and North Carolina Oasos. The supreme court of the United States on Wednesday added another 0 the series of decisions which have endercd notable the present term of ho court by refusing top-rant Altorley General Younj?, of Minnesota, a vi:t of haihens corpus r*licvinj? him rom the penally imposed by the UniU d States circuit court for the district f Minnesota on the charge of conempt of court in instituting' a preceding in a State court for the 011orcement of the railroad rate law I'ter the Federal! court had prohibled such a course, and in allhmiui?' he decision of .Judge Prilehard. ??i" J lie Failed Stales circuit court for : he western district of Xorlh Cam-1 ina. discharyinjr from imprisonment ' ames \\r. Wood, a ticket agent of 111 | Miuthcrn Railway at Asheville, after! e had been sentenced by tin; Aslic- j ille police court (o serve a term o.i j lie rock pile on llie charge of co|'cling for a ticket on that road a! realer price than was permitted by1 In1 Slate railroad law. In both cases the riu'hl of the Slate1 i? I i.v rates for railroad t ransporta- i ion was Iho issue, and lioth involved! onf!:cls be-ween the federal and Iho! tale c,nrls. T!w; decision in each case as opopsol both lo the Stales and heir vourls. ! I The opinion of the pour! in both uses was announced by Justice Peckam. and wil'li the exception of .Ins-' ce I larlan all the ot her members of ie ci.iirt si.mil behind tiim in ihe an U'ueiiM'iils <>f 'lit* court's findings, u-I ice Marian read a dissenting' oi?in- : in I i:? \ ? !111case, in which h'.1 \i "'e->ei| ill,, view ihat the su't was ra -li< a 11 \ ;i proccdimv .lu'aiiM liie tale. ami. therefore, uo| permissible nder I lie eleventh anicuiliiH'iit lo the! >ns| it hI ion. lie therefore charactered iho opinion as era-inakinu in the! islory o|" the court, said il had llie tecl of closing tile courts ??f a Slate .lainsi the Stale itself and' predicted lat the result would he disastrous. I he two cases were so similar that til practically were decided in one union. The principal pronouncement as made in the Minnesota case. Justice Peckham's Opinion. i Justice Peckham's opinion as out- i tied is in pmi as folhiws: "The court has decide p. That by < ason of the eiiortnous pcnalties-pro. ded in the rate laws by way of fine* 1 :aius| the companies and imprison- < en I of their agents and employees, ie companies were, in clTect. preventi' from ever questioning liie validity 1 those laWs, as the risk of confiscaon of property and imprisonment I agents iu case the conipanie- t'ail1 in their defence was loo much to mlrrtakc in order to obtain a judilal decision of the question of validy. "Such laws are. therefore, held unuistitulioiial, as thev prevented the mnpanies from resorting to the ourts, and therefore deprived them f the equal protection of the law. "The question of llie sulliciencv of lie rales to enable the company to blain some return to its stoekholdrs for their investment lias fur many ears liecii liehf lo be one for Ine ourts to ilecide, as il would he a iolaliou of the const it ulion of the 'uiled Slates to fix rales so low s to be. confiscatory if enforced. "The laws providing rates for i :> 11-:rt a I ion of passengers and i'!>i,:ht in the two cases under eonideralion have been held by tin ourts below to be so low as to be nb.-tant ially confiscatory, and should hcrefore not be enforced until afer I art her trials. The courts had itristfidion lo make sucli an order." The Minnesota Case. The proceedings in Young's eas* lew out of an effort by the Minncson court on Mhy 1 last Iorestrain Air. oung and oilier Stale officials from xeeuling or attempting to execnto he rale law. Certain stockholders of lie Northern Pacific Railway Com any filed a suit at thai lime asking or an injunction to prohibit the date oflicials from carrying' the law iito effect. The injunction was granted on llie round that the law was confiscatory, and its promulgatinn was invmcliatcly followed by the eomniencelent of an action by Attorney fJeivarI Young in the Ramsay County State District court, in which that ourt was asked to direct the issunee of a writ of mandamus comaanding the Northern Pacific com an.v to comply with tlie rate law. Mic State court immediately issued he writ in compliance with Mr. round's petition. Mr. Young was summoned before J he Federal court to give an account j if his defiance of Iho court's injune-< ion and he was subjected to a fine j f $100 for contempt of court and at' the same time ordered to dismiss the case in the State court. Refusing- either to pay the fine or dismiss the case, Mr. Young brought the case to the supreme court of tire United Stales 011 a petition for a .writ of habeas corpus. He based his petition on t'he ground that United States circuit court was without jurisdiction in the original proceeding, because there was no diverse citizenship, and that the suit instituted against him as attorney general was in effect a suit against the .State and I not against him. The North Carolina Case. The North Carolina case, that of Sheriff llunter, of Bunconvb county, vs. Agent Wood, of the Southern Railway, attracted mut'li attention during the greater part of last .summer and was for a time the cause of a very sharp conflict between lhe courts tif the 1'nitcd States and those of North Carolina. Wood was imi'iefed, found guilty and sentenced to serve a term of thirty days on III? rock pile at Asheville, on the charge of selling railroad tickets for more than Ihe maximum rale established by th?> si at life, lie appealed to Judge i'ritchard. silling in the I nited Slates circuit court for the western district i'.f Norlh Carolina, and the latter promptly issucw' a writ of ha'beas corpus. ordering Wood's release by Slierill' II ti liter. This action of the court was the culmination of several important sieps in the controversy beginning wiih the issuance of injunctions by Judge I'ritchard against, the State oMiciais prohibiting the carrying of the rale law into effect. This proceeding was followed by an address by tjovernor (llenn to t lie superior court m' the Stale. *11uu-1 ioning I'rih-iiard *s aiuhorily and asking Iliem l<< sc.- ti:;it indictjnent< were i'mind against l!;j agents <i|' i!ie railroad company. In accordance with this aii'dress a uumber ul' arrests were made s?? that Witod ' ? i-aso became a le-l !'or many j ol!icr-\ i S-? tni.portam did Judge I'ritchard consider the action of the Stale aulliorites liial lie said in his opinion, "if the criminal prosecutions against the agents, conductors and employees are permitted to continue the managers of railroads cannot successfully operate I heir trains, carry the mails or continue their usefulness as common carriers doing an Inter-State business." Considering the North Carolina ase to have been disposed of by the action of the court in the Minnesota ease. Justice IVckham did not elaborate his views in Ihe former proceedings. lie said: "Being detained in custody by virtue of this conviction by one of the police courts of the Stale, iii' had the right to apply for a writ of habeas corpus to the United States circuit judge and the justice had power to issue the writ and' discharge the prisoner under the Section < >!> of the Revised Statutes of the I niled Slates, as he was held in custody for an ad done pursuant to an order, process or decree of a court or judge of the I'niled States. The writ being properly issued, the judge had the right, and it was his duly, to examine into the facts., and he had jurisdiction to discharge the petitioner under the circumstances st a 1ed. Juctice Harlan Dissents. Justice Harlan, in a dissenting opinion, took strong ground in spite of the theory that the proceedings in the Young case was a suil against the Stale, aim', therefore, not permissible under Ihe constitution. Tree Cutting in Baltimore. Baltimore Sun. The culling of trees in ITarlem park has excited much feeling among residents of the adjacent blocks and not a lillle solicitude among other lovers of trees who sometimes visit the park. Trees constitute one of the charms of such places, and to destroy a tree which is the product of twenty years of care is a serious mailer. Some fifty-three trees, it is staled, have been cut down, and more are marked' for destruction. Tt is explained by the officials engaged in Ihe work thai Ihe object of cutting is to "improve the beauty of Ihe park" and to "give sunlight to the grass." Without undertaking lo say whether the proper course has been la.ken in Ibis particular oase or not, it is certain that what constitutes the beauty of a park is a question of aesthetics, as is also the question whether grass on the ground is more worth having than an unbroken canopy of green overhead. Not a few persons have a strong sentiment of attachment to trees and feel a personal hurt in their destruction. A Test. Columbia State. When a man discovers that he can I read his gas meter be begins to think j that he has a pretty fair education' after all. Agricultural Implements Now is the time to secure your extra help, and since manual labor is so uncertain we are forced to employ the most effectual implements in the successful cultivation of the soil. "Sunny South," The latest production of the Great Moline Plow Co. It scatters fertilizers, drops corn and drills coltoti seed, all steel, guaranteed a perfect machine. Price $17.50. The "K. P." Guano Distributor is the best 011 the market, has taken the prize wherever shown in competition, carries 75 to 100 lbs. fertilizer in hopper, is on perfect balance, easily controlled, scatters fertilizer all over the row an^ covers as it goes, also a fine substitute for a double foot to cover corn. Price $8.50. Universal Distributor. This machine has been very popular, can be used as side dresser while cultivating. Price ?5.50. Oliver Plows. These are really the best plows of the kind made. Mr. James. Oliver being the first to invent a steel beam plow, and lias been first in the making of such plows ever since. No. 10.?2-horse Turn Plow $6.50. No. O. Z.?2-horse Middle Breaker $7.50. 1 No. A. C. 2.?1-horse Turn Plow $5.00, to close out. A Cotton and Corn Stalk Cutter that does the work. Price $17.50. If you want Paint of any kind let us figure with you. Prosperity, S. C. gam? I I ??? ; The First Cough of the Season, | ? Even though not severe, has a tendency to irritate the sensi- ^ ^ tlve Jtiembrane$,of the throat and delicate bronchial tubes. _ ^ Coughs then come easy all winter, every time you take the ? slightest cold. Cure the first cough before it has a chance to ^ set up an iuflamatiou in the delicate capillary air tubes of the 9 lungs. The best remedy is QUICK RELIEF COUGH ^ SYRUP. It at once gets right at the seat of tr ublo and re- ^ moves the cause. It is free from Morphine and is as safe ior ? ii a child as for an adult. 25 cents at ^ % MAYES' DRUG STORE. J ??1 ?BMW?1a a imii ??? FLORIDA?CUBA During These Cold Winter Months A Trip VIA THE ATLANTIC COAST LINE Would be just the thing to make life worth living. Superb Trains, Excellent Schedules and Tickets which offer every advantage possible for a pleasant and attractive trip. For full information or pamphlets call on your nearest Ticket Agent, or write W. J. CRAIG, T. C. WHITE, Pass. Traf. Manager. Gen. Pass. Agent, WILMINGTON, N. C. 1?1 ww 1111 PostGards and Easter Cards! A large variety of subjects and styles in beautiful soft color effect. We get everything new that comes out in Post Cards, and with every 10c. worth of cards you buy you get a guess at the Silver Watch Mayes' Book Store.