Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1881-06-30

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taken sick. Court adjourned from time to
time, and the trial finally ended in the &C.
quittal of the prisoner On the first trial of
Parker, last fall, a juror was taken sick,
rendering a continuance necessary.
EDITORIAL 1NKLINGS.
Freight Determinations.
- The following memorial has been sign
ed by ninety.eight of the business firms of
Augusta, Ga.:
"Feeling that the local freight tariff in force
on the Charlotte, Columbia and Augusta Rail
road and its connections, to non.competitive
points, is directly opposed to the interest of
Augusta, and having failed in any attempt at
relief we do now pledge our honor as indi.
viduals and firms, so long as this state of af-
fairs exists, to direct all Eastern and North
eru shipments to US, sent by other than the
Atlantic Coast Seaboard ard Piedmont Air.
Lines, and furthermore, will enclose with all
orders to such points, printed instructions re-
fusing to receive at this point any merchan-
disc coming over this line, ordered by u.s.
The printed instructions to shippers are as
follows
"Ship no goods ordered by US over the At.
lantic Coast, Seaboard and Piedmont Air
Lines Notice is hereby given that we will
not receive goods coming over these lines
Other available routes acceptable. Shippers
violating these instructions will find goods
held in the depot here subject to their order"
The Prohibition Canvass In North Carolina.
Prominent Republicans in North Car
olina are placing themselves on the side of
prohibition in the canvass now progressing in
that State, and condemning the action of a
portion of the State Republican committee, in
their attempt to make it party question.
Bishop Hood, of the African Zion Methodist
Church, and who has always been Republi.
can leader of the colored people Of the State,
has published protest against the action of
the Republican State Executive Committee
in attempting to array the Republican party
against Prohibition.
David A. Jenkins, Esq., of CASTOR county,
member of the Committee, also protests
against its action.
The Greensboro North State, Republican
paper, also protests against the action of the
Republican Executive Committee. The Ashe
Vile Ne,us, another Republican paper, does
the same thing.
Judge Dick, one of the staunchest Repub
licans in the State, has this to say about
the action of the Republican State executive
committee
"The enemies of prohibition call this a
party measure Four or FIVE men went to
Raleigh last week, and pledged the Republi'
can party against prohibition. What right
had they to do it2 No right whatever. The
constitution of the Republican party is plain
against the usurped authority of those men
and if the Republican party cannot exist and
succeed without strapping to its wheels anti
prohibition, then let it perish!'
The Charlotte Liquor Ordinances.
- After characterising the opinion Of
Judge shipp, rendered on the goth instant
regarding the liquor ordinances of Charlotte
as affecting wholesale dealers as an opinion
"sorter so and sorter not so," the Democrat
Of last Friday says:
"The restraining order granted by Judge
J. c. L. Gudger, preventing the city author
tiles from enforcing the ordinances against
the wholesale liquor dealers of Charlotte 70,
those selling one gallon or more) and referred
to Judge Shipp for decision, was argued be-
fore Jud ge Shipp on Monday last, the 10th
Burwell q Walker and w. P. Bynum ap
peared for the plaintiffs, and Jones & John
son for the city. The argument of counsel
consumed most of the day, when the Judge
took. the question under consideration, and
on Tuesday rendered the following rather
curious opinion:
case plaintiffs ask for injunction to restrain the
defendant from proceeding in any manner to en-
force certain ordinances passed by defendant
City Of Charlotte. 1t is asserted that the said or
dinances are void. Without expressing any def
mite opinion upon the validity of the ordinances
in question, though am inclined to concur with
the plaintiffs, yet am of opinion that they have
full and adequate remedy at law and that there
can be no necessity for resorting to the equita.
BILE jurisdition of this court The injunction
prayed for is refused. Let the same judgment
be rendered in the case OF Robert Portner against
Judge Of the 9Th District
"Of course, with such an opinion as that
the plaintiffs (the liquor dealers) appealed
to the Supreme Court.
at is to be regretted that Judge Shipp did
not give positive and distinct decision one
way or the other, either that the ordinances
are void and not lawful, or that they are
lawful and must be obeyed. If the Judge
is really of opinion that the ordinances are
void, why did he not make decision accord
ingly? Is litigation to 60 on everlastingly
because Judges quibble and issue injunctions
and mandamuses and is the City Treasury
to be bled continually for lawyers fees and
court charges?
"If law and justice are against the ordi.
nances, let it be so declared; if not, then
there should be some decision that will final
ly settle the question and stop litigation. 1t
is due to all concerned that the question
should be definitely settled. We would not
presume to set up our individual opinion
against that of learned Judge Of the law,
and would have made no complaint had he
positively decided the matter one way or the
other; but we think there is good reason for
complaint because he has not done so.
"Under Judge Ships indefinite opinion
(not decision,) no one is surprised to learn
that some of the wholesale liquor dealers of
the city defy the Ordinances and continue to
sell by the gallon and upwards. 1t is under
cto,d however that the Mayor will sue for