Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-11-28
CORRESPONDENTS.
RArFr0u Nov % 1879

If the colored representatives from
Craven introduced q civil rights
bill, providing that all accommoda-
ions at hotels, on steamboats,, rail-
roads md elsewhere, shall be used IN
first come first served
for black and white alike. OF course
there is no danger that any such bill
will pass tho present or any other
Legislature i'll North
Carolina.
In the Senate, OH yesterday, the
only question that provoked any dis
cussion was bill introduced by Mr..
Merrimon, reciting that the Public
Treasurer had refused to pay warrants
duly audited, upon the pretence that
he had beer prohibited from SO doing
by an Injunction from Judge Bond, OF
the Federal Court that TO such re-
straining order had been issued, and
enacting that the Public Treasurer bt
directed to pay warrants duly audited,
and upon Il conviction in the Superior
Court of Wake county of refusal 80
to do, to be deemed guilty of INSIDE
meanor, and punished by fine and i'm
prisonment. The bill was read and
passed the first time, and, the
rules being suspended, was put
upon its second reading. The
facts of the case appear to re
nbont as follows: Mr.. Self and GER
tain other Special Tax Bondholders
filed bills liz Equity in Judge Bond
Federal Court AMI asked that an in
junction he issued to restrain the Pub
lie Treasurer from paying ont any
money until the SUM Of $40, 900 shonld
be made MP and then that it be kept to
await the event Of the suit. Judge
Bond set the case for hearing on
Wednesday next and due notice thereof
was served upon the Treasurer, bni
no injunction Or restraining order il
any shape was issued prohibiting the
payirg ont of money prior TO the near
ing on Wednesday.
Mr.. jenkins, the Public Treasurer
assumes That under the practice i'll the
Federal Cornts the notice OF the prayer
for an Injunction is equivalent to 6
restraining order. In this opinion il
is said that Messrs. w. n. Fl. Smitl
and K p. Battle suatain the Treasu
rer, at least to the extent of saying tina
in case the injunction shall be granted
on Wednesday it Will relate back ana
make the Treasurer responsible from
! the day Of notice served. The Attor
ney-General holds very decidedly til.
opinion that it is the duty of til.
! Treasurer to pay out money until some
restraining order is actually issued
und that no process thus far issued b.
/ Judge Bond amounts to an injunction
! or will avail as an excuse for refusing
to pay ont money upon any prope1
demand. 1t will be remembered tia
NJ. Self and Co have fled no bonds
with their application for the injanc
ton. Many prominent lawyers agree
with the Attorney General.
Mr.. Mcrrimon's bill WAS framed t.
! meet the emergency presented b,
these facts. Another suggestion is t,
pass a resolution ordering the Treas
user to disobey Ill process from Fed
/ a-.,1 In coal 70 ole ttn xr-i,r III
of the Stat, Government by lockin;
up It's funds and calling upon on
members Of Congress to move for til
impeachment OF Judge Bond befcr
the United States Senate in case b
issues and attempts to execute an
such process.
The question is undoubtedly ono 0
the Very gravest Importance; indeed
if it shall be decided by the tribuna
of last resort adversely to the State o
North Carolina, the triumph of tn
Federal Government over State SOY
ereignty will be complete.
The argument will, of course, be a
able one, as Reverdy Johnson ant
Caleb Gushing both appear in the case
Mr.. johnson has already engage
rooms at the Marlboro House. MI
Gushing will also be here, it is said
, though it is not as vet known wher
he viii lodge.
| Speaking Of Reyerdy Johnson re
calls the fact that the last time l hear,
him make an argument, indeed tn
only time, was before the Suprem
! Court oi the United States in the cele
bratol D.tH Scott case. And recallin
+ that fact cannot help regretting tina
il is the hand OF Reverdy Johnson tina
seeks to strike the death blow to tn
rights of States. IT is matter Of re
greet TOO that Mr. Johnson come
amongst us upon such an errand, he
causn he is man whom North Caro-
iinians would delight 10 honor. Bin
these are strange times IN which
We live
The discussion upon Mr.. Merrimo on
bill was interrupted by the announce
El".t 81 Judge Boyden's death, where
upon The Legislature adjourned il
honor to his memory.
The Charlotte people 1t is said, ar
making great preparations for thei
Fair next week. Taking advantage O
the fact that Thanksgiving, a legal hol
iday. comes next week, they have for
marlly invited the members of tn
Legislature to attend the Fair on tina
day. By leaving here on Wednesda,
night, such members as desire to go
can spend the day there and return il
time for Legislative business on Fri
day morning and there will doubles
be large attendance. 8.
Building association Decision.
This morning, in case where NJ