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THE SEMI-WEEKLY MESSENGER, TUESDAY, MAKCH 23, 1897.
Soft, White Iland with Shapely Nails, Luxu
riant Hair with Clean, Wholesome Scalp, pro-'
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and nealy, ItmUntly rt
ty C uncut a KMbiaa.
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j 'iops 31:2. Co., Hartford, Conn.
.awf m. Mi
f ' Mm 'f W f mt.
Salisbury Sun: The Southern today
put all of their men at Spencer to
working 10 hours per day.4 About half
of them have been working only nine
The Carthage B'ade notes the death
of Mr. M. Foye. He had been mayor of
the town, chairman of the board of
county commissioners, and chairman
of the board of education.
Washington Messenger: We under
stand the fixtures for a tobacco fac
tory will be here some time this week.
A company has been organized for the
manufacture of tobacco. This is quite
a step forward and we tru3t our peo
ple will give It encouragement.
Raleigh Tribune: We notice In Sat
urday's Charlotte Observer that a pe
tition has been circulated In that city
with a note on it to Governor Russell
thanking him for not appointing W. It.
Henry Judge, and that the letter of
thanks would be forwarded to the gov
ernor next Monday.
New York Sun: Hon. Ki Gudger, of
Buncombe county, N. C, is a candidate
for the Brazilian mission, and has the
warm support of the western North
Carolina republicans. Mr. Gudger has
enlisted the support of Senator Pritch
ard, who comes from the Fame part of
the country and believes that Ki will
be the next minister to Rio.
Oxford Ledger: The tobacco crop
will be much smaller this year than us
ual in this section, and there will also
be much less guano bought. As the
price of tobacco is below cost of pro
duction, our farmers will try cotton
this year and not so much tobacco.
There will be a fine opening in this sec
tion next fall for a cotton gin. -
Raleigh Tribune: What the public
wants to know is why the names of
the new directors of the North Caro
lina railroad have not been given to
the public. The failure of the re
formatory bill is to be deplored. Per
haps it was not exactly the right thing,
but it was a move in the right direc
tion. Charlotte Observer: No office is being
overlooked by the pie hunters, and the
chase for the Davidson college postof
fice is now on. Mr. E. L. Wilson tells
The Observer that a very black man
is evidently in the lead, and unless
those in the rear know a short cut, he
wiH get there first. This negro "has a
petition six feet long.
Greenville Messenger: Dr. William
Black, synodical evangelist, reached
Greenville Saturday evening and took
charge of the services in the Presby
terian church Sunday. He Is a delight
ful speaker, full of zeal and earnest
ness, his very expression and manner
showing that his heart 'is thoroughly
in the great work in which be is en
gaged. Statesville Landmark: Hon. A. Leaz
ar, who is in town, said, in speaking of
his retirement from the management
of the penitentiary, that he felt a great
relief in laying down the responsibil
ities attached to the position. Mr.
Leazar's term expires next month. He
is now engaed in familiarizing his suc
cessor. Mr. John R. Smith, of Goldsbo
ro, with the duties of the office. Hen
ry Hargrave, colored, aged about 67
years, died Sunday afternoon of pneu
monia. He was an old-time colored
man, faithful and honest, and was well
liked by his acquaintances.
Raleigh Press: While Governor Rus
sell is absent In Wilmington, his offi
cial adviser and coadjutator, John
Cebern Logan Harris, whose official
title is Grand'Snark of the Universe, is
acting governor. Whether the war
rant on the state 'treasury for $350, in
favor of Ex-Judge Avery, which was
authorized by Governor Russell and
endorsed by Auditor Ayer was lawfully
and properly done is a question which
is being raised all over the state. Aud
itor Ayes says there is a precedent for
the governor's action.
Fayetteville Observer: Rev. Dennis
Hogans, a well known colored preacher
and shoemaker, died yesterday of the
grippe. Mr. J. A. Oates, Jr., of this
city, was in the house of his aunt,
Mrs. Ashford, at Kinston, Saturday,
when the building was struck by light
ning and completely wrecked. Not a
soul was hurt, a miraculous thing con
sidering that every member of the
'house was shocked and blackened.
Yesterday afternoon Robert Royals
was standing in front of Overby's shop
on Person street when Pitt Deal ap
proached him and tapped bim on the
head with a brick. Royals staggered
but did not fall. It made an ugly wound
'in his head and blood gushed from it
in torrents. Both men, Who had been
drinking, had been quarreling over a
woman, Alice Russell sister of the
Mrs. Royals abducted by her brothers.
Wins'ton Sentinel: During a conver
sation between several colored men, a
few days ago, one of them said: ''I am
told that Governor Russell offered the
Rev. R. H. W. Leake, the colored
preacher and politician cf Raleigh, the
position of chaplain to his staff, With
rank of colonel, but that Brother Leak
declined the offer Without thanks, say
ing that his self respect would not al
low him to accept a position under a
man about Whom he said so many
hard things before he was elected." A
republican who heard the conversation
remarked: "Governor, what a stinging
rebuke this is to some of the white
race." North Carolina pie hunters
are knocking at the door cf the Mc
Kinley lunch room. As the old xlarkey
remarked: "It's not what you wants
'that does you good, but what you
gits." It remains to be seen how many
will be gratified by this standard.
Carthage Blade:' Deputy Marshal
John K. McDonald and a posse cap
tured an illicit distillery iand 1,500 gal
lons of beer in Harnett county about
four miles from Spout Springs, last
Thursday night. Mr. Evander Mc-
Gilvary, one of the oldest and most
prominent citizens of Rocket, died at
Sanford one day last week from the re-,
suit of injuries received by being
thrown from a mule. Deputy Mar
shals J. K. McDonald and H. T. Bray
went to the house of M. D. Brady Fri
day night with a capias for his arrest.
A fruitless search of the house was
made, but just as they were leaving,
a suspicious looking trunk was noticed,
and a look inside revealed Brady,
dressed in his underclothing. He is
the same man who gave Deputies Mc
Donald and Kelly leg bail, when at
ithe jail door, about a year ago. He is in
Clinton Democrat: Our countyman,
Mr. V. A. Royal, is developing into a
sanctification evangelist of note. He
has been holding a big meeting near
ML Olive for the past two weeks.
On Saturday evening the large chim
ney to the southern end of Cedar
Grove hotel collapsed and fell to the
ground. Much of the wreckage fell in
side the office unfitting it for use for
the time being. Sinking of the foun
dation caused the collapse. A man
passed middle age came here last week
driving a good turnout. He claimed to
need $50 to pay freigbt On a car load
of horses which be was shipping to
Burgaw. He borrowed this amount
from Mr. Grady Smith and left the
horse and buggy as collateral. This was
the last seen of the horse man. In a
few days Mr. Hare, a Wilson livery
man, came here and identified the
horse and buggy as his. He liad hired
the turnout to the alleged stock dealer
who never returned. The property was
turned over to Mr. Hare and Mr.
Smith Is out $50.
Charlotte New?: The case of John
Harrlll, vs the Southern was concluded
in the superior court this afternoon.
Mr. Harrill being awarded $300 dama
ges; he sued for $2,000. The train
frightened his horse, throwing him out.
and injuring him severely. Lee
Hunter and John Moore hal a fijht
last night, and were tried this morning j
for engaging in an affray. Hunter was :
was also fined $3 for assaulting Sam
D. McCarter. The affair occurred in the I
colored pool room, on East Trade street.
The New York World has a picture
of North Carolina's Ion? Democratic
congressman, W. W. Kitchin, Esq., of .
the Fifth district. J
Kinston Free Press: The arc electric ;
lights have been tried several nights
and so far have failed by a great deal
to come up to the guarantee. The town
authorities have notified the company
from which the dynamos were pur
chased that they will not accept the
arc dynr.mo. Edward Moore and J.
S. Feltrn, white, and Eli House, col
ored, broke jail some time last Friday
night. They made their escape from
me nu;e uy saving bieei uar m iu by judgment as to the defendant street
and bending the sheet iron far enough r. ..,;, n r
to permit them to get into the pas- ' raily. The plaintiff appealed and
sage of the jail. The door of the jaif th supreme court overruled the de
is fastened outside by a lock and sta- j murer and rendered the following de
ple, the staple being bradded on the J Cision:
inside. The brads were sawn off, the t " A , .
staple forced out, and the door open- Montgomery J. Lpon entering the
ed through which they made their es- . city of Wilmington, the plaintiff ccm-
A. 1 I t A 1 l. t Xn.n f
cape. The prisoners had nearly maoe
a hole in the jail wall, by taking out
brick, through which they could have
escaped in a short time had their at
tempt at the door failed.
Charlotte Observer: Mr. W. S. Grier,
who works at Asbury & Finger's, got
his hand on the buzz saw yesterday,
and the consequence was that two fin-
gers were cut so badly that they had
to be amputated. Since the big
freshet of last Sunday, a horse and
four hogs have been seen floating under
the Catawba river bridge on the Char-
lotte, Columbia & Augusta road.. They
had been lost from the farms up the
river, probably in Gaston or Mecklen
burg, and are by this time well on their
way to the sea. It is rumored that
a million-dollar mill is to be built on
the property lately bought by Mr.
Chadwick from Mrs. Baxter Moore.
Northern capitalists are said to be in
terested. Mr. and Mrs. Amos Mc-
Manus of Union county have lived to
see every one of their nine children
buried, and all of their grandchildren.
The last of the latter was laid away
last week. Mr. and Mrs. McManus are
not so old, but they have been sorely
Raleigh News and Observer: Oxford,
N. C... March 16. Sneeial Colonel R. J.
Mitchell died at his home here today,
aged 77. He was a veteran of the Mex
ican war, and for many years a promi
nent citizen of Oxford. (He also was
in the great war between north and
south. Messenger) Last night about
11 o'clock Walter Daniel, a young white
man who clerks for a Mr. Worrell, in
a small retail store on East street, filled
himself up with boisterous liquor and
filled his pistol with slugs of lead, and
went into the house of a colored woman
near Worrell's store on East street. He
had been in the house but a little while
before he yanked out his pistol and
fired away at Annie Harrison, colored,
who was visiting the house. The ball
tore through her hand. She ran
screaming into Worrell's store with
Daniel after her. She hid behind the
counter and Worrell, the store-keeper,
grabbed the young man. He made sev
eral unsuccessful attempts to shoot his
employer, and in the scuffle, grabbed
at his face and nearly tore out one of
his eyes. The irate youngster declared
that he would shoot the Harrison wo
man, shoot Worrell, then go back and
kill the other woman and then kill him
self. But when the crowd began gath
ering and the police were called, he
concluded to skip, so he "hit the grit,"
and at a late hour last night had not
been apprehended. At Hillsboro
court Tuesday James Henderson,
charged with the robbery of W. B.
Sorrell's jewelry store here, was sen
tenced for six years in State's prison.
Wash Atwater, colored, the famous
outlaw who was charged with attempt
ing rape on Miss L. Lloyd, near Chapel
Hill, was sentenced to fifteen years.
Uncongenial Company "Mrs. Chink
has hit on a plan to keep her husband
from smoking in the parlor." "What
did she do?" "She hung the portraits
of her three former husbands there. -
- Kentucky ' is naturally becoming
alarmed at the prospect cf an over
supply of water. '
Fweddy (delighted) "Miss Quickstep
:old me a little while ago that I was
told me a little while ago
like Blumglum's celebwated candy."
Choily "She probably meant you were
'fresh every hour.' " Chicago Tribune.
The whale spouted in triumph.
"Never you mind," shouted Jonah,
vindictively, "you've given me a good
deal of trouble, I'll admit, but you just
wait till the latter-day theologians
With a hoarse chuckle he struck out
over the sand-dunes toward Niraevah.
'New York Press.
"Yes, sir; that is the greatest dog to
ferret out criminals that you ever saw.
He has caught a. bank burglar, seven
murderers and thirty-seven road
"To wbat do you attribute his mar
veTous detective ability?"
"Well, you see, as a pup lie managed
to swallow a lot of tracking paper
But the listener was g'one.
Tried Friends Best
r or thirty years Tutt's Pills have
proven ablessingrtothe invalid.
Are truly the sick man's friend.
A Known Fact
For bilious headache, dyspepsia
sour stomach, malaria.constipa
:?on and all kindred diseases."
fUTT'S Liver PILLS
AN ABSOLUTE CURE.
Opinion of tbo'Sapnrroe'Coart In the Mat
ter of Fourth Streot Bridge Justice
Montgomery Overrate Jodge Starbuck
and Hold That the Street Railway Com
pany Must Help to Maintain the It ridge.
The supreme court of North Caro
lina has just rendered a decision that
Is of special interest to the city and
the railroads using its street?, as af
fecting the maintenance of public
bridges. The Carolina Central Railway
Company some time since Instituted
SUit against the Wilmington Street
Company to enjoin Its use of
Fourth street bridge, near Hilton.
unless it contributed pro rata to Its
maintenance. The city was also made
a Party defendant. Iredell Meares,
Esq., appeared for the plaintiff rail-
road, John D. Bellamy, Esq.. for the
defendant street railway, and E. K.
Bryan, Esq., for the city. The defend
ants filed a demurer to the complaint
and the case was tried before Judge
Starbuck. Judge Starbuck holds that
the plaintiff was not entitled to the
relief demanded and sustained the de
murer by consent, as to the city, and
; pany, before it could lay its track
across Fourth street, at a point then
within the city limits, was compelled
to cut through a considerable embank
ment, thereby necessitating the build
ing of a bridge over the cut in order
that travel and transportation should
(not be obstructed or delayed over the
; street. ine territory witnin tne city
limits and contiguous to the bridge,
has never been built up, nor have
streets actually been laid off there,
j The highway, which at the bridge is
' called Fourth street, was the old public
J road leading out from the city before
the city limits were extended. The
bridge, when it was built, was, and is
now sufficient for the ordinary pur
poses of travel by foot and horse ana
vehicle transportation. The defendant
railway company has commenced to
run street cars over the bridge, and
has determined to run them in sections
of from two to four cars at a time.
The defendant company refuses to
unite with the plaintiff in the mainte
nance of the bridge in order to meet,
as the plaintiff contended, the larger
servitudes imposed upon it by the de-
' fendant company's cars, and to provide
the necessary conveniences at the in
. tersection as required of them by sub
section 6 section 1,957 of The Code.
j The plaintiff alleges further in
Street Railway Company is allowed to
operate its cars over the said bridge,
that there is great danger of the same
giving way and accidents being there
by caused, and in the event of such ac
cidents the plaintiff may be involved
in vexatious litigation and actions for
alleged damages to its loss and injury
by reason of the fact that the said
j bridge is inadequate to support the
running of the heavy cars defendant
I Street Railway Company propose to
run and operate over said bridge." The
' complaint concludes with a prayer for
' judgment that the defendant company
be enjoined from carrying out its pro-
A demurrer was filed and the ground
assigned is that the complaint shows
that the plaintiff company laid its
1 track, dug the cut, and built the bridge
; across Fourth street, after the limits
of the city had extended beyond the
' bridge, and that neither the proposed
; action of the defendant company nor
' its action in the past imposes, or wil?
. impose, any additional sei .itude upon
the bridge or upon the street of which
? said bridge forms a part, and that
therefore no cause of action is set out
in the complaint of the plaintiff.
The demurer was sustained..
The demurer raises the question,
whether or not the running of street
cars by an incorporated street railway
company over a bridge already con
structed by a railroad company within
the city limits and sufficient for the
: ordinary uses of the public, imposes
bridge? It would seem that the prin
ciple of law underlying the question,
stripped of unnecessary verbiage, is a
simple one. In the solution of the
matter it is only necessary to consider
two propositions: first, the nature of
the liability to the public, imposed
tVta lQ5r,tiff mnv ar tho tim0
of the construction of the bridge: and
j second wnat continuing liability, if
s anyf was an(j iS imposed upon the
plaintiff as to the maintenance of the
The ,aw undoubtedly imposed upon
v, ,ir,(;ff mnor,r thQ t,-ma. tv.J
bridge was built, the obligation to put
up such a structure as would be suffi
cient for the then needs of the public
as to travel and transportation over
the street or highway. It is also well
settled by the authorities that the
plaintiff company was under the furth
er obligation of maintaining a bridge
of such proportions and strength as
would meet the continuing demands of
the public in reference to travel by
foot and horse and the ordinary vehi
cle transportation over the street. The
growth in population and the building
up of cities and trade, while probably
! plaintiff company in maintaining the
bridge to meet changing conditions also
increase the business and profits of the
plaintiff company and thereby compen
j sate it for its additional outlay on ac-
count cf the added burden of servitude
which these things produce. But does
the obligation imposed upon the plain
tiff extend any further than to main
tain a bridge equal to the demands of
the public for foot and horse travel and
ordinary vehicle transportation? Can
the obligation be extended to include
the use of the bridge for the running
of heavy street cars by a corporation
formed for the profit of its stockholders
and whose chief purpose is private gain
and not the public good? It seems to
us that to state the question
Is to answer it in the negative. Street
railways are in a certain sense high
ways, but not in the strict sense are
they public highways; for their owners
have private rights of property in the
franchise and they are operated fb the
private benefit of the stockholders. The
public benefit from street railways is
only incidental. It is beside the ques
tion to argue that because the laying
of a street railway track and the run
ning of street cars do not impose any
additional servitude upon the rights
of the abutting proprietors in the land
used for a public street, that, there
fore, the running of street cars over a
bridge constructed by another corpo
ration nnd sufficient for all other pur
poses than the running of street cars
over It does not impose additional ser
vitudes upon the bridge. There Is no
analogy in the two propositions, and
the same law Is not applicable. The
abutting owners aiong a street have
either granted easements over the
street, or have been compensated for
the taking of their property for the
public uses; and under these circum
stances they wiil not be allowed to
complain of those modes of travel or
transportation over the streets, which
have been sanctioned by the proper au
thorities or to demand additional com
pensation for such uses to which the
street is put unless such use materially
impair the rights of the abuttors and
are made necessary for the sole use
and benefit of the stret railway com
pany. Elliott on Roads and Streets.
In all cases where the abutting
proprietors dedicate the street, or are
paid for the property to be u?ed as a
street, there Is a presumption that
they intend that the street may In
used by the street railways, provided
the ordinary and usual street uses ar
not destroyed or impaired to the rea!
detriment of the public. This pre
sumption does not apply to the ordi
nary railroads however. In Dillons
Municipal Corporations, Section 722,
the author writes: "Such proprietor
must be taken to contemplate all im
proved and more convenient modes Of
use which are reasonably consistent
with the use of the street by ordinary
vehicles and in the usual modes." But
the plaintiff has received no benefit or
compensation in any shape from the
defendant company for the u?e of the
bridge by defendant's street cars, nor
has the defendant company shared the
expense of building or maintaining the
bridge and the plaintiff company there
fore owes the defendant no duty what
ever to furnish at the plaintiff's cost'
and risk, a safe passage for defendant's
street cars over the bridge to the en
that the defendant company may con
duct its business, profitable only to its
own stockholders, without risk or ex
pense. That would simply be an ap
propriation of the property of one to
the benefit of another without compen
sation; and that could not of course
We are of the opinion that the plain
tiff stated a good cause of action in its
complaint and that there was error in
the ruling of the court. Error.
INSATIABLE HATTER AS.
Another Terrible Disaster on Her Treach
erous Sands A Steamer Wrecked and
Many Lives Lost Four Out of Klghty
Two Persons Survive and They Driven
New York, March 18. Augustln For
get, the French Line's agent at this
port, made the following statement of
the disaster to the seamer St. Nazaire,
as he had learned it from Captain
Berri's disconnected remarks:
"Th't St. Nazaire encountered a temp
est when forty-eight hours out from
New York for Port au Prince. The
steamship had made about 270 miles
from this port and was somewhere off
Hatteras. Heavy seas swept the
steamship continually from Sunday af
ternoon to midnight. They poured
down the hatches and put out the fires
in the engine room, rendering the ves
sel helpless. Captain Jaquenau order
ed out the boats, seeing no other hope.
Four boats were launched, only to be
crushed against the ship. In a momen
tary lull the other four boats were
launched in the lee of the wreck and
all on board crowded into them.
"The boat in which Captain Berrl got
contained thirty-seven persons, all told,
including a woman and four children.
Captain Berri took command and or
dered signal lights carried for the oth
er boats to follow. The four boats
parted company, however, almost at
once, and Captain Berri never saw
trace of the other three after leaving
the ship. Everybody worked hard to
keep the bat's head to the waves and
all suffered most intensely through the i
first night. Some froze to death and '
others jumped over board. Of the last
days of the terrible experience Captain
Berri has only a hazy recollection."
Alphonse Dumois, one of the passen
gers on the St. Nazaire, was a brother
of Hippolyte Dumois, head of the firm
of H. Dumois & Co., fruit dealers of
thi3 city. Ramon Jiminez, another of
th passengers, was the head of the
fiim of R. J. Jiminez & Co., contractors
and engineers, also of this city. Agent
rorget furnished a complete list of the
passengers and crew who were in the
vessel when she left. There were but
eleven passengers in all on the ship,
but the crew list numbered seventy-one
men. The names of the passengers are
as follows: A. Dumois, L. Dumois
San Domingo; Ramon Jiminez, Maya
Puezyna Sarnolle, Port au Prince; Mr.
and Mrs. Juan de Dois Tijada and four
children San Domingo.
The officers of the vessel were white
men. The rest of the crow were color
ed. Captain Berri was' a passenger,
although not on the list. He is an offi
cer of the steamship company. The
four survivors were picked up by the
schooner Hilda on Sunday afternoon
about ten miles off Fenwick island.
Four dead men were in the boat with
the four living. The survivors are all
a fair way to recover their health, al
though all four were insane when res
cued. The vessel left New York March
6th. The wreck occurred March 8th
and the survivors were rescued
The Quesllon of Clenrance to Fillbaaters.
Washington, March 18.Attorney
General McKenna has been in tele
graphic communication with the United
States marshal at Jacksonville concern
ing the application of the owners of
the steamer Dauntless for permission
to clear from Jacksonville with a cargo
of munitions of war. The marshal is
now making an inquiry, with a view to
obtaining additional facts to enable the
attorney general to render an opinion
on the application. The cabinet con
ference of yesterday did not dispose of
the matter. Until the opinion of the
attorney general is rendered the Daunt
less will not be allowed to clear. A
question yet to be settled definitely is
whether a vessel can take out papers
for some alleged Cuban port, known to
be fictitious. Permission was given the
Three Friends at one time to clear for
"the port of El Maceo," which doer not
exists so far as this government is in
formed, but it is not likely that another
application of this character will be
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ATTEMPT AT KIDNAPING.
A Little Girl to be IleM for a Large Rao
f otn One of the Kidnaper Killed While
Knterleg the tlonee.
Houston. Texas. March 1 The most
daring attempt at crime ever known
here was frustrated this morning at
3 o'clock when detectives killed Walter
Hughes as he was In the act of enter
ing the house of Frank Dunn, a
wealthy resident of this city. The po
lice received Information some time ago
that a scheme was on foot to kidnap
Dunn's little daughter. The purpose of
the kidnappers was to keep the girl
In captivity and demand 140.000 ran
som for restoring her to her parents.
Detectives have ten on guard at Mr.
Dunn's house for several nights, but
no developments occurred until this
morning, when It was discovered that
a man was attempting to force one of
the windows of the residence. One of
the officers Inadvertently attracted the
attention of the marauder, who xindlnj?
he was discovered, drew a revolver
and fired twice at the dc;ecttve. The
detectives then opened fire and the in
truder fell dead.
Hughes was a railroad man. but has
lately be?n working as a carienter.
He had rented a house near Dunn's
and under the floor of one of the room.
had dug a cave in which the kidnaped?
child was to be secreted until the ran
som was paid. At a point some dis
tance from the city Hughes had ar
ranged a number of tin Kxes where
he intended to give notice that If any
watch was kept over these dcisltoriM,
it would result in the death of the
When Hughes" lndy was soarched a
revolver, a keen-edged butcher knife
and a bottle of chloroform were found.
An Immense crowd lias gathered In and
around the morgue, where the Iwnly
lies. Mrs. Hughes has lnon arrest J
but will not talk.
Will Wilmington and NewWrn Permit It?
Wilmington, N. C. March 17.
Is the act constitutional which maks
It mandatory uim the governor of the
state to apjKjlnt the whole or a part of
the aldermen of these municipalities?
Nothing can be gained by assailing
the last legislature as a congregation
of "freaks." We must assume their im
pulses were patriotic and their mo
tives pure, and it ought not pvrhaps ti
be accepted as a violent assumption.
To err is human, and it veenis our leg
islators were extremely human, and
they were not to blame for it. Our pur
1se is to prove, as we think conclu
sively, that our legislature' did err, and
that these acts are unconstitutional.
In our complex form of govern mnt,
the original soverneign Hver vested
exclusively in the sovereign states, and
the United States, although a nation,
is not an absolute sovereign, but is
such only to the extent of the iwers
delegated by the sovereign staled
The state vif North Carolina ln the
ineipieney of her statehood reserved to
herself all her sovereign iovers. av
only those delegated to the general
government. But in the growth and
development of a state, in order to
promote the welfare of the citizen, tho
state was divided into counties, and
these again into townships, and .
much of the remaining sovereign iover
of the state was delegated to theso
counties and townships h was nees
sary to their municipal control. These
powers so delegated became vested
rights In these counties and townships,
which could not l wrest ed from them
without their consent. The war of the
rebellion settled the question for all
time that a sovereign state could not
resume the exercise of sovereign pow
ers so delegated, without the consent
of all the others. In the case of a mu
nicipality, called a city, wlu-n the state
gave it birth and recognlzM its limits
and endowed it with so much of its
sovereign power as to enable It to elct
its own board of control and levy tho
taxes for its maintenance. It was a
delegation of its sovereign power pro
tanto, which leeamo a vested right in
such municipality, of which It cannot
be deprived without Us consent. Vestal
rights cannot be disturbed by the
breadth of unrestricted and unrestrain
ed legislation. The municipalities of
Wilmington and New Hern, when they
received their charters, organize un
der them in good faith and accepted
the delegate! power of the slate as a
right and power which th municipali
ty alone could exercise through officers
of her own seh-ctlon. Municipal Im
provements have len Inaugurated;
taxes have lK-en levied and assessed to
pay for them, .under an implied con
tract with the state, that the citizen.
of the municipality should retain and
exercise solely and exclusively munic
ipal control. Under this implied con
tract on the part of the state, the pub
lic have invested, In good faith. In res
idence property and In business prop
erty within the limits of thse munici
palities, and these property owners
have a vested right In the maintenance,
of the conditions which are supposed
to enter as a condition which prompted
the Investment until the conditions are
changed by a direct vote of the people.
It is true, the mem1ers of the state
legislature, coming fnm the iple,
are supposed to !e clothed with author
it to legislate upon all matters per
taining to the welfare of their con
stituents, but when such legislation
radically changes the fundamental the
ory of municipal government, it can on
ly be made effective by submitting It
to a vote of the people, otherwise the
natural and political rights of the indi
vidual becomes a phrase to conjure
with and not a reality.
An essential element In legislation
affecting the municipalities of the fftate
Is uniformity. Without it the law Is
inoperative. If it were desirable to leg-
islate against the dominance erf any
class In our populous centres the act
should have been uniform in Its opera
tion In all the cities of the state and
operative after being submitted to and
ratified by the people, and then even,
there is great danger in committing so)
great power to any one man.
It is at best, an abnormal exercise?
of power, of doubtful expediency. In
vestors would be al sea, with neither
chart or compass. The conditions sur-.
rounding the locality of the Invest
ment, the prevailing popular senti
ment, would le no certain index of
the future. The governor, with his po
litical intrigues and partisan favors,
would be an unknown factor which
would militate against the best efforts
of the municipality. It Is very ques
tionable whether the law would stand
the tet of the courts. If its constitn
tlnality were brought in issue.
The law Is In violation of the con
stitutional rights of the citizens of
thewe municipalities affected by It. Is
in derogation of the theory, that wher-
I erer there are vested rights, they can
i not be disregarded except by the con
sent of the parties affected, and is ob
noxious to the charge that the law is
' not uniform in its operation. In all the
municipalities of the etate.