The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1889-03-28

X. Henry Makes a National Reputa-
ton for Himself-His Able Manage
ment Of the Case, etc.
Special Correspondence Of the Geld Leaf
WASHINGTON, ID. G.. March %, 1889.
As there has been so much said and writ
ten about the Cross and White case, it will
interest your readers to have carefully
prepared outline of the proceedings before
the Supreme Court. To begin with, the
verdict was against the ex-bank officials
in the courts of North Carolina and
sentence imposed of seven and FIVE years
respectively, at hard labor upon the pub
lie roads OF Wake county, which sentence
would have commenced on the LIST Mon
day in December, 1885, had not Mr.. W r.
Henry. of counsel for Cross and White
raised in the case new and exceedingly
important question of State and Federal
jurisdiction, which question will be watch
ed by Ill the courts of the land with the
utmost interest, for it goes to the bottom OF
the matter, and declares that where Con-
gress created an institution like the Ma
tional Banking system and provided laws
for the guidance and punishment Of Of
Tending officers, the State courts must keep
their hands off. This is the substance of
MIR. Hcnry'S contention, and it is unneceS-
sary here to state his points or arguments
in detail.
Upon this point Mr.. Henry obtained a
Writ of Error to the Supreme Court Of
North Carolina, Associate Justice 1Iar-
Ian of the Supreme Court of the United
States granting the writ in November last.
The Writ of Error having been obtained
the case would not have been decided in
less than four years in regular course.
The Attorney General of North Carolina,
Col. Davidson. moved the Supreme Court
of the United States last February to adj
vance the case on the docket, Which mo-
Il md tl,,r1 f,,,k
ing on the 18th of March, 1889. On that day
the Attorney Generel OF North Carolina
and Mr. Henry were present in court.
Before proceeding with the argument.
the Attorney General made extensive and
thorough preparation and Mr.. Henry hav
ing done likewise, (but determined not to
argue the case upon its merits if he could
| help it, arose and made motion that the
order advancing the case be stricken out
because no notice had been served upon the
plaintiffs in error and because the return
day of the writ being in October next.
under the rules of the Supreme Court Of
| the United States, the motion ought not to
| have been granted. The Court granted
the motion and had the order of, advance
| ment stricken out.
The case now being set for the October
term, Mr.. Davidson on the 10th inst. made
another motion asking that the Court set "a
day in October next for the hearing. In
opposition to this Mr.. Henry filed printed
argument. The Court received the papers
and will decide as to whether they will set
a day iii October. If they do not it will be
about four years before tie case will be
heard Many comments commendatory of
| Mr.. Uenry'S clever course are heard here
At one step he has perhaps made for him
self national reputation.
The secret session of the Senate yeSter-
day was devoted almost exclusively To the
consideration of the nomination of White
law Reid. of New York, to be Minister tt
France. Some days ago Senator Vest re
ceived letter from Mr.. Fullerton, Of
| Washington, a stakeholder in the Mergen
| thaler Company-the corporation owning
the Mergenthaler type-setting machine
charging Mr.. Reid with mismanagemen
of the affairs of the company. Mr.. Reic
has been the head of the Mergenthale
Company for long time and has had the
Mergenthaler machines at work in the
Tribune Office for several years. USin!
this letter as text the Democratic Sena
tors endeavOred to prevent the considera
ton Of the nomination of Mr.. Reid and Il
have it thrown back into the committee
from which it has been reported. The
matter was discussed at great length i,
fact, for nearly three hours. 1t was linall,
brought to vote, and motion to recon-
nit the nomination was defeated by
strict party vote. The nomination wa
then confirmed by vote o. 25 to Is, a bar
quorum voting. The following Demo
Gratis voted for the confirmation Call
Ransom, Dlodgett, Payne and Gibson. MI
Reds friends say that all the Republi
! CANS who were not paired voted for tn
confirmation. Another objection to Mr.
Reid was because he expressed his opi!l
ions too freely in his paper. As an editor
this was his duty, and as the President in
tends to reward only partisan Republicans
the appointment is a deserved reward.
also approve Of Senator Ransom's vote
Editors do the work and earn their Shar
Of the spells.
Tie committee to which Mr.. Tanner
nomination as Commissioner of Pension
was referred, decided yesterday Afternoon
to report favorably upon it.
Representative II q. Ewart is the frs
Southern Congressman to secure post .oific
| official 'ScalpS, having got new pOstmaS
} tiers at Asheville and Statesville, N. e
both important Offices. lie represents tn
Ninth district OF North Carolina, which wa
represented in the Fiftieth Congress b.
Hon. ThoS. D. Johnston.
First Assistant Postmaster-Genera
Clarkson is making appointments to pos
straight out Republicans need apply, an
hear from the best source, that there viii
be clean sweep Of the Democratic incun
t bents, especially at the South.
: Mr.. and Mrs. Chanler and Mrs. A.
kives are here. This announcement is il
teresting only when add that Mrs. Char
| Ter is better known as Amelie Rives til
: young authoress. They will spend severa
: days in this city.
+ Some thief broke in ex-Tresident Ciev.
9 lands hen house at Oak View last Sunda
night and stole number of his fine:
| chickens. By the way, he passed tl,roug
| this city Monday with a party of gentl
\ men en- route to Cuba.
O PoStmaSter-General Wanamaker has i
sued the following order: Hereafter an
until further notice all clerks in the pc
Office department at whose desks papers II
lating to appointments to Office, Oh CLAIM
n against the department are filed, will NJ
r disclose the contents thereof to, nor perm
c an inspection by any person except Oh tt
:. written order of the Postmaster-Genera
the First Assistant Postmaster-Genera
+ the Chief Clerk of the Department or t!
a Chief Clerk to the First Assistant Pos
e maSter-Generaf, where chairman OF
u State committee or person by him dul
q authorized applies for the Office inquire
4 about, but further information should IL
4 be given"
u 1t is thought, after all the talk of Il
country, that the President will appoi
r ex-Assistant Secretary Thompson to be Civ
T. Service Commissioner.
d The race OF the Internal Revenue Co
: lectoeship of the Eastern North Carolii
District has narrowed down TO the thr
20 most prominent candidates, Messrs. Youn
. Hawkins and White. think the appoir
> ment will soon be made.
g A change in the Henderson post Off
will probably be made during this SUI
lie mer. This is undoubtedly going to be
IS partisan Republican Administration.
A Pleasing Sense
n OF health and strength renewed and
1T ease and comfort follows the use of Syr
IN of Figs, as it acts in almony with Natu