Newspaper Page Text
. r- : : r
Entered at the Postoffice at Wllming-
ton, N. C, as Second-Class
Matter, April 13. 1879.
JACKSON & BELL COMPANY
TERMS OF SUBSCRIPTION:
THE DAILY MESSENGER by mail
one year, 6.00; six months, $3.00;
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THE SEMI-WEEKLY MESSEN
GER (twoeight page papers), by mail,
one year. $1.00: six months, 50 cents,
WILMINGTON, N. C.
FRIDAY, JULY 26, 1907.
JUDGE PRITCHARD'S DECISION.
The whole stale is interested in the
railway rate contest which is being
waged in this state and which is very
improperly and incorrectly being .1?s
ignated by some editors and olhc-r per
sons as a clash or conflict of jurisdic
tion between the federal and state
Another erroneous statement has
been made, which is that the federal
court, Circuit Judge Pritchard presid
ing, has interfered with the procedura
of the state court.
Neither of these statements is oor
. reet, as any one will see who pausa
for a moment to redect. Instead of
the federal court interfering with the
iitate courts in the performance of its
duties and the. exercise of its pow
ers by the other, the case is just re
versed. The state courts, under in
structions from the governor, have
stepped in and attempted to nullify a
decree of the federal court in a mat-din
which ihe latter had full jurisdic
tion. That the decree of the federal
court was an interlocutory one and
from a court inferior to the fede al
supreme court made no difference.
It was as binding on all parties con
cerned, of the same force and legali
ty and entitled to the same respect
until withdrawn by the court whict
issued it or reversed by a higher couit,
as would have been a final judgment
the court of last resort on an ap
peal from the order of the lower
No one can deny, and no one has
attempted to deny, that the plaintiffs
had as equal legal right to go into the
federal circuit court with their peti
tion for injunction in this proceed
ing, or that the former court had
jurisdiction to entertain the peti
tion and to act in the premises. All
those who have raised a howl about
the railroads seeking the aid of the
federal court In this matter have never
yet Clalhieu that the federal court did
not have jurisdiction in the case
That is a proposition too plain to be
denied and the jingoists have not had
the effrontery to make the denial.
We will take it that the right o
the federal court to take cognizance of
the case is admitted.
Then the next question is: What
right had the state . courts to step in,
after the whole matter had been
brought into the federal court and the
question of the validity of the act of
the legislature, under the constitution
of the United States was in course o:
being determined in thai court, ami
interfere with in fact attempt to nul
lify the action already taken by the
other court of competent and concur
We take it that there is no differ-
ence between the so called conflict of
i a- ,ui . ov,
jurisdiction in this matter between .he
federal circuit court in Asheville, pre-
siaea over Dy juage t-rucuaru, auu me
state superior court of Wake, presid
ed over by Judge Long or the munici
pal court of Asheville presided over
by Judge Reynolds, than ttiere woull
have been between the two lat nam
ed courts or two superior courts in
the state held by any two of the state'
superior court judges had these con
flicting proceedings been conductel
in them; and right here we wish to
ask Governor Glenn a question: Had
the Southern Railway Company hied
the same petition before a state judga
that it did before the federal judge
and, on the showing made, secured a
similar decree of injunction would he
havo rtaroH frt that famOUS letter
. v-v x. -
of instructions to the other fifteen su-
perior court judges of the state, or-
dering them to pay no attention to
the decree of the other superior ecu t
. Judge? He would not have dared to
do it because he would 'have known
that under the constitution of the state
he had no right to do so:
just as much right to issue a mandate ' senatorial traestfonw Has she been ra
to the five justices of the supreme ! quested to keep hancls off In that mat
court that they should not affirm any ! ter, do you reckon? .
judgment of the judge of the lower
court made in favor of the petitioners
in the case. ;-,. ' '
Now we come down to the habeas
corpus writ issued by Judge Priteh
ara in the due course of preserving
and upholding the authority of . his
court. A great deal has been said by
those who deny his right to issue' the
writ about section 720 of the Revised
Statutes of the United States, which
promwis me leuei uuu... .
fering by injunction wun iue .uuu
of a state court in civil or criminal
proceedings, except m bankruptcy
matters. Any one who will give tne
matter the slightest investigation will
see that that section does not apply to
such a case as the one discussed. It
prohibits federal courts from institut
ing proceedings whereby to interfere
with actions, civil or criminal, already
begun in the state courts, but it does
not prohibit the federal courts from
taking action by habeas corpus to pro
tect its own jurisdiction or to carry
out its own decrees in cases properly
instituted in those courts and which i
otherwise would be nulined by inter
ference, pedente lite, by a state court.
The truth of this position, we think,
was fully shown in Judge Pritchard's
lucid and able opinion in the Wood
case, published in The Messenger yes
terday. His many quotations from
court decisions show the position of
Governor Glenn and Judge Long to be
entirely untenable. He even quotes
from our own chief justice, the man
who has fought the Southern railroad
from the time, years ago, when he
wrote the famous "Mud-Cut" letters
to a state paper attacking the pre-
) accessor of the present Southern Kail-
way Company, as saying in an opia
ion of the state court that "what the
federal government enjoins as a duty
the state cannot: punish as a crime."
The supreme court reports and other
law books are full of authorities sus
taining Judge 1-ritchard in his decis
ion. Had we space we would quote
from a number of them; but as we
have not we will give only one ex
tract from a decision, that of Proul
vs Starr, 188 U S. supreme court re
ports. This was a suit to prevent put
ting into effect the Nebraska law ris
ing a maximum freight rate. There
was an injunction against the stele's
attorney general and other state, of
ficials in the federal circuit court. The
federal supreme court said:
"The jurisdiction of the circuit court
could not be defeated or impair
ed by the institution, by one of the
parties, cf subsequent proeedings,
whether civil or criminal, involving
the same legal questions, in the state
Governor Glenn seems to be surpris
ed that any one should think that he
had overstepped the line when he is
sued a letter of instructions to heads
of an independent and co-ordinate
branch of the government telling
them what he considered their duty
to be or when he denounced the ac
tion of a federal court judge for doing
what the latter considered his duty
under his oath1 &nd Cue lawg of the
country. Governof Giehn must be of
a temperament which is easily sur
prised. We expect there are many
other surprises in store for him, chief
among them the one that the people
of North Carolina do not think that
he would make them a better senator
than Mr. Overman.
"No public official of North Carolina
can avoid being in contempt. If hs
is afraid of being held in contempt of
Pritchard he is sure to win the con
tempt of every free and law-abiding
citizen of North Carolina. This is a
time when the judges must win the
contempt of the people or be in con
tempt of an inferior federal judge's
"Judge Pritchard's son, recently ap
pointed surereon of the Southern Rai1.-
ana nis son-m-iaw attorney or
! the Southern Railway, both approve
. the numerous injunctions fond papa
'nas issued that enable the Southern
j tQ volate the lawg of North
Th mrajrraDhs are from ves-
terday's News and Observer's editor
ial columns and are a fair sample of
the style of editorials that paper is
getting off these dayg.
"Two Southern Railway ticket
agents in North. Carolina resigned last
week to enter the banking business.
They will not in their new business
be forced to violate the law of their
state under penalty of losing their po
sitions." News and Observer.
How many banks in the state, na
tional or state, strictly observe the
state law which prohibits the charg
ing of a greater rate of interest than
L),- t, T,n
. -1 .v icui, iuicivm; tr c:i ij-ijj
j xews and Observer could tell us, but
! w ehave no idea that it will attempt
j to do so. for it may be interested on
, the one or the other side in keeping
such violation of the law a secret.
Mrs. Carrie Nation , seems to have
i become suddely silent on the Glenn
Warehouses for the storing of fann
ers products is the order of the day
in the south". Unless attempts are
made to carry it to an extreme it can
be made a good thing. The latest
proposition is to establish a system of
warehouses for peanut growers. We i
why ghould nQl
made as great a success as that of like
provision for cotton growers, la re
gard to this peanut warehouse ques
tion the Lexington Dispatch makes a
most admirable suggestion, which fc
that there should also be established
warehouses wherein peanut politicians
may be confined under bond. It pro
poses when the warehouses are full
that the doors be sealed and any man
be lynched who dares to open them
It would surely be a great thing Tor j
the country if all the peanut politi-
cians (which class includes the dema
gogue politicians, the calamity howl
ers, and the false prophets of evil)
could be corralled in strong enclosures j
nnd kent there until all danger of !
their baneful influence had been pass
ed. We heartily endorse the propo
sition of The Dispatch that such ware
j houses be
them and to strictly enforce the rules
against letting out bailments wouid
be the greatest service the farmers
and their friends could render their
country. To make the venture a suc
cess the rules should expressly pro
hibit discrimination against reception
on perpetual bailment of executive and
judicial officials as well as candidates
for such offices. No discrimination
should be made against any one. The
privilege should be open to all citi
zens. What peace and quiet our state
would have if several such warehouses
could be promptly built and filled.
THE NEGRO THUG NORTH AND
We cannot understand why it is thai
some of the leading newspapers and
many of the intelligent people of the
north still hold up their hands in nolv
horror and cry out against what they
see good to call the brutal treatment
of the poor ignorant peaceful negro of
the south by the white people of thac
section (every time there is a press
dispatch account ef a difficulty be
tween a white man and a negro)
when day after day the same dis
patches contain accounts of more se
rious conflicts between the members
of the two races in the northern cities'.
Jhere are no two cities in the whole
union where the negro element exists
in lower grade than in Philadel
phia and Pittsburg, in the republican
state of Pennsylvania; and there are
no cities in the union where so many
deadly conflicts occur between ihe two
races no other cities (certainly none
in the south) where racial battles so
often occur. Still the people of these
two cities constantly cry out against
the action of the democratic states of
the south for their conduct toward
the negro. In Philadelphia and Pitts
burg there are more negro "hell holes"
than in any city south of the Potomac,
and when the police authorities 'r&irt
these joints they generally suffer l"he
loss of one or more of the good men
of its force. The people of those cities
pretend not to know aiiy thing of the
lower and vicious class of negroes,
though every few days there are ac-
counts of good men dying at tho'.r
hands, as has been the news from
Pittsburg more than once in the re-
Jcent past. What the white people of
those cities consider self-protection ',
they call brutal assault on the part of
the southern whites.
If anybody believes we are about to
have civil war between the state and
federal authorities over the railway
rate cases they are mightily mistaken.
After the demagogues and peanut poll-
ticians have gotten through with their ;
i v liu. Sill icivii-io0 "-u i"-'-'! ni un j ,
that there has been made a great fuss
fuss about nothing. It is all a simple
question as to whether the two rail-
roads have a right to have their suiu
determined in a legal and orderly way
in the court which first acquired legal
jurisdiction of the cases, or whether
the wild vaporings of some editors,
some executive and judicial officials
of the state who have personal grier
ances against on or; the other
of the two corporations can succeed
in stirring up popular animosity
against those corporations to the ax
tent of intimidating the federal court
authorities in the performance of their
In another column we publish an
editorial from the Richmond Times
Dispatch on the railroad rate fight in
the courts of this state. We consil
er it a very sensible and conservative
article and we commend its careful
reading to those who feel that tbers j
is danger of civil war, anarchy or, at I
the least, complete subjection of state !
authority to usurped power of the fed
! The Greenville Reflector of Satur- J
! day contained a handsome supplement i
of twenty pages which, designated as
an "industrial issue," was a write-up
of that town, handsomely illustrate 1,
showing the cozy and beautiful rsi-
dences and the imposing
houses and block.
i i nose oi jur cuuuu iniuiia tnu i
are thinking about selling their cot- j
ton for future delivery at ten or ;
getting from fourteen to sixteen cents
a pound -for their spot cotton.
"An exchange says that Mr. Rocke
feller was so pleased when one of the
golf players at Cleveland made a par
ticularly good stroke that he threw up
j his hat and yelled. Some day Lis en
thusiasm may led .him to throw down
his wig and jump on it." Woshi.ig
When Rockefeller does anything so
extravagant as that you may ount
on him putting down the price of com
modity of his trust to figures repre-
senting a fair revenue to the stock-
An Ohio dispatch says that "General
Grosvenor's recent activity has reen
causing his enemies great concern."
He must be trying to get back into
We are told that an Illinoise town's '
mayor kissed a thousand babies in J
one day. The fond mamas in that
town should be given the ballot in the j
election of a town health officer. ;
Anyhow, a nice jucy lemon has
been handed to Judge Pritchard. New
Wait and see who is going to have
to suck that lemon.
The New Bern Sun has faith in its
town and is trying to make the oth
ers there take the same view of its
prospects for the future .
Speaker Cannon is bidding high
and with certainty for the Kentucky
vot, according to the Washington
Star's cartoonist. He announces his
belief in the mint julep.
O JZ. 53 X" Q 31
tw, ya ThB Kiad You Hava Aiv-srs ScuahJ-
George A thoroughbred gentleiLtia
puts on his clothes and then forgets
Ned That't v.-hat I try to do, but
my tailor won't let me, Philadelphia
Cascasvvct for babies and children
Aiakes the stomach right and .-.Hays
inflamation and prevents i:ritUion.
Cascasweet makes the baby happy and
well. Sold by Robt. R. Bellamy.
True, the state was disgraced by
the verdict in the first of the Anson
county lynching cases at Monroe yes
terday. But they don't try such chaps
in South Carolina, Georgia and Mis-
; sissippl. Charlotte Observer.
j dear, I wish'you wouldn't wear
tnat peek-a-boo waist today.
; Why mother?
Well, I expect Mrs. Gothox to call
and I need it for a lace panel on th
1 front door. Detroit Free Prees.
Piles gget quick and certain relief
from Dr. Shoop's Magic Ointment. Its
: action is positive and certain. Itch
' ing, painful, protruding or blind piles
disappear like magic by its use. Large
nickel-capped glass jars 50 centr. Sold
by Robert R. Bellamy.
Governor Vardaman is out for the
unwritten law." We don't see any
l1 ltiL 1U1 JUU" 1 " .i.a,
! , I,?. r TV., C V. 1 T-,-. U'illUimn
but to figure as head of a lynching
: party Jf he wou(- make Mmeth
! jike an equal bid for the Mississippi
i electorate's favor. Charlotte Obesrv-
Dyspepsia Is our national ailment
Burdock Blood Bitters is the national
cure for it. It strengthens stomach
membranes, promotes flow of diges
tive juices, purifies zh blood, builds
Men's Sboee at $3.50 art advcrtlMxi inc cuumo -
"the best" so they say. rm.i
We've Investigated Merits of Every $3i5 Shoe on the Market
Som- are good, some fall but feu re right.
We have succeeded in bavin a ho- tmllf ihit w noxv offer our
trade, with the modem assertion that it in the nest
$3.59 Jlen's Shoes Sold
That's all we claim for It.
GEO. R. FRENCH & SONS, 108 North Front Street
, w.--V--.v.:- :V:5si. .
Under the management of Hinton Bros,
"M .,-Line 5, 107.
Hotel hos been thoro'Juhl overhaul''
son by Prof. Weber's celebrated orche
grounds briliantly lighter by fhctric
flies. Artesian watr. The rno?t tfelig
For descriptive booUlst. rates, rtc., a-.?
E. L. HINTON, Manager
WftlGHTSviiXE MEACH. N. C.
The Firm That
Sailors and !&eady-io-Wear Hals
last sale of Hats wan so remarkably successful that we' 1 i !
Flo repeat the opportunity.
j No such
Hat values like these anywhere out Fide of lieJ'nier's. LadiwM' i j
shapes in many liff rent styles atut 4'.'0 or ."00, LT;- and
and Misses shap
' 50c values only 10c each.
' One lot of Misses ready to wear
Indies' and Misses ready to wear
sale 9 Sc.
j The sailor hats continues very
white only $1.25.
White Rough ftraw, fancy banfN,
Plain Straw white and black
( Routrh Straw white uil black Sail
Bring your tU!i h card. See the
new while pmV,f.!'l'-ro.i 1 Its. 14c
charge for laying matting this veek.
FISHING REELS. JOINTED RODS, CUTTY-HUNCK LINES-all
sizes. Blackfish, Shecpsheal and all kinds of Fish Hooks. Crab
Nets, Fish Spears
Dowagaic Minnows, Float?. Phantom Minnows, and anythiag you
desire in the fishing line.
HAMMOCKS, REFRIGERATORS, ICE CREAM FREEZERS, WIN
DOW SCREENS, AND WIRB DOORiJ.
Phone 332 :-: :-:
P. S. We close at 1 P.
THE I i FIDELITY
CASH CAPITAD PAID IX .$1,760,000
CASH RESOURCES OVER... 3,600,000
We issue all sorts of Bonds, including Judicial Bonds, Contract
Bonds, Fidelity Bonds. Official Bonds. Railroad Bonds. Bank Bonds.
Internal Revenue and Custom House Bonds. We make a specialty
of our Fraternal Order Bonds. If you wish a bond for anything
call upon us and we will take pleasure In seeing that you are sup
plied. J. H. Boatwright & Son, Agls.
f MEN'S SHOES'
. . ihMMi"li All arr
- V - Tv' - V 'v J - SC t't .-V
Beach, N. .
for the past eight yrsrs, oii
d anj painted. Miuic tiie rjt!r- re
Etta, of Memphis. I r.n H l and
ity. No malaria, no r.ofi'juit.. ? no
hifn! irsort on the AH.mtic coum
Pays Your Car Fare
Misses' & Ladies'
' . ..-.v-'-' '
II.Us about 2Z style?? 2jc.
Hats and .-Jiap. s worth $1' 0. tld
popular, the Knox sailor, beautiful
only lc and Tic.
Sail u Hats, 4&C.
or Hats, 4 Sc.
;.. 10 and Hoc department. He. th?
GC dlffermt styles muttim:". N"
130-132 Market Street
& GUARANTY COilPAIIY