The North-Carolinian., 1859-12-10
For tho North Carolinian
OUR PITTSBURG CPA.) CORRESPONDENCE.

For tho North Carolinian.
OUR PITTs6URG (PA.) CORRESPONDENCE.
Sunday Carriages riumpAout-Passenger Cars
Ranning on .5unday-an important Libel case to
the Iress-a t'tir report Of Court proceedings no
Libel
PIrrsBuRe Nov goth, 1852
DEAR CARoLINIAN AS vcntured to foretell you,
in my last, the Supreme Court Friday delivered
an opinion the of James Nesbit fined TWEEN
ty-fve dollars for driving his employers family to
| church on Sunday, adverse to the decision of the
Mayor Chief Justice Lourie reduced Nesbits of
fense to this Driving a carriage on Sunday with
persons i'll it who were not travellers. He then
marked:
st will be seen at once that if the defendant had
been driving his own family to church on the Lords
day. he would have been doing the very act that is
here charged. If then, this conviction stands af,
frmed by us, it will be equivalent decision by
this court that man cannot drive his family to
church the Lords day without transgesSing the
law; because he will be driving Sunday carriage
with persons in it, who not travellers. For any
thing appearing this record the defendant has
done other worse act than this for sensible
man supposes that the law forbids such an act'
The most ridiculous portion Of major Weaver's
decision that the of a carriage could
drive his own family to church Sunday, but
not have his hired servant perform the duty
for him! Now if his Honor's mind had only been
broad enough to allow him to have gene further
and to have decided that the running of all private
carriages for church purposes Sunday, by who
soever driven, was prohibited by the act of 1894
he would now receive theI sympathy of all radical
batfled exponent of the rights of the poor against
| the rich'' (Which he unquesionably wished to be
understood) but the defeated catspaw of the direc
tors of the Passenger Railway CompanieS-for it
was. undoubtedly they who urged him to construe
the law illiheray, oolishly and unequally. They
reasoned in this way: If we cannot paSSen
ger railways on Sunday, and by an ingenious con
struction of the law succeed in prohibiting the
running of private carriages, their money will be
fouIa coming for the repeal of the Sunday act for
@tsisiar-< .Ailisntisr curfaillcnt their
hal
such body rs the Supreme Court or, more likely,
they acting on the false hypothesis that this
Court has decided the running of the passenger
| unlawful Now such is not the case the question
has yet come before the bench in proper form
for dtciSon-and the the better till then let
| rest in peace.
judgment, the streets of the city We're yesterday
alive with the usual equipagcs, and feeble men and
| women. lone widows and young children, who had
not been to divine service since the memorabh des-
cent the carriages, agaI. permitted to hear
the consolations of the preached word.
| The Laurencevle Passenger Railway is in
full operation Sunday but this is in spite of the
municipal authority. They have been appointed to
carry the c. S. mail to the borough, and any Oh
str,lttion offered by magistrate any day, would
be visited by the National authorities with the
verest penalty. Had it not been for the existence
of the act of Congress protecting u S. officers in the
perfoman of their duty from the operation of any
localaws it is whispered about that Major Weaver
would have arrested the Post oi1lce clerks. and
| prevented the delivery of the mails on Sunday
! Il tell YOU this secret) What blessing the
! national segis in this instance!
|. Thomas g. Rutherford was brought into Court on
SATURDAY morning for sentence. His counsel with
drew the motion in arrest of Judgment and for a
new trial and Judge Mcclure then remarked to
Rutherford that he had been convicted, and sentenc
| ed him to pay $50 old Pennsy yvanias currency
| (Sl33 the of prosecution, aud TO undergo an
Imprisonment of twelve months in the county jail
| 1t is understood that the defendants friends will
soon make application for Executive interference.
heard Rutherford say that he abhorred the idea OF
a pardon" He is not idle in his confinement, but
writes good deal on various subjects, geology,
tronomy, theology, &c
4 libel case of much importance to the Press
generally, tried last week at Greensburg, West
| moreand county. The Dispatch of this city pub
lishe,l report of some proceedings had in the Or
phans' Court of Allegheny county, rejecting dis
credtably on James NJ Carpenter a lawyer of
| Westmoreland. Mr.. G. preferred suit for libel.
The aTcat question to be decided by the issue
i Is f.rrAert of judicial proceedings in Court of
7 Justice libel The defence did not attempt to
prove the truth of the article but only that it was
testhed that the article a subdued and softened
report OF what actually took place. The couns for
the plaintiff admitted that by the State Constitution
the courts were open to the people, but contended
tla' the end of publishing attained by the peo
pie VINO attended their sttings. The counsel for
the oeiendents denied this, and argued with great
force that IN such the Courts might well be
eoseu TO the people; that it necessary, both for
the mo nation and protection of citizens that the
press should publish faithful reports of all matters
OF m'e, est transporting ifNS.em The Court did not
ALTOGETHER subscribe stsfs view il its charge but
the JaIy' who are Judges both of the law and the
facts IN cases of libel, rendered verdict of NOT
GULLY. Any other verdict would have det seri-
Gus blow at the liberty of the Press, and placed in
the hands of wicked, tyrancal Judges shure shield
ag'lls. the speedy punishment Of their crimes.
Therefore, IN common with all other publishers of
newspapers, rejoice and be glad"
i IMPULSE