davidaulloa/AmericanStories huggingface dataset:
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

defeat vested interests bona fide ac-
CURED, il a legal wrong will be &C
complished. (Whitney Arms Company
VS.. Barlow, GO y. Y. s.: Bath Gaslight
Company vs. Claffey. Isl y. Y, 24)
Is the provision of this mortgage,
that there be separate liens q the
several divisions. warranted by law?
F.! The Cape Fear and Yadkin Valley
Railroad is made up OF several dis
tinct railroads created under separate
charters, zach at the ate of consolida-
ton enjoying its own franchise. and
each OF them having it's own liens for
labor and construction The road it
self was originally the Western Rail-
road. and it was gradually built, with
extensions from time to time allowed
by the general assembly, starting from
Fayetteville. The act Of 18th February,
1865, provided for an eastern division
and a western division of this road, and
required a lien on each Of these divi-
sions severally to secure certain bonds
made by the state in aid Of the road.
This is the distinct recognition by the
state that divisional mortgages are not
against her policy. The only authori-
tative and admissible credence of the
public policy of a state on any given
subject are its constitution. laws and
judicial decisions" Swami VS.. Swami,
q Fed. Rep. 299.)
The reason for the adoption Of this
feature in this mortgage is not hard
to find. When it was executed there
was a completed road in actual and
successful operation between Green's
boro and the South Carolina line. We
can safely say that it had bonds in ex-
istence secured by a lien on it's Oad
These bonds had to be retired. The 3.
division was only in process Of con-
struction. The G. division was not yet
begun. An exchange and surrender Of
bonds could be more easily affected if
the new bonds covered the same prop
erty. The money raised upon the
bonds Of the B. and G. divisions re-
~spectively was applied to the compile
ton OF the division for which it was
raised. This seemed attractive. What
ever nay AVE been the reason, this
SEPARATION of the divisions in the mort
gage does not impair the validity Of the
mortgage. (Pullan VS.. G. & G. r. R..
Co, Federal Cases II, 461; 4 Bissell So;
Joy vs.. Jackson VS.. Michigan Blank
road Company, II Mich, 155; Campbell
vs.. Texas and New Orleans Railroad
Company, 2 Woods, 263.)
II has been urged with great earnest
ness and power that a sale by division
would be futile. That under the law
Of North Carolina the franchise being
an indivisible unit, cOuld not under a
sale be separated, and passed to two
or more purchasers Of the several
parts. And the franchise of this cor
pOration is for a single road from the
mountains to the sea.
Unassisted by any decision Of the SUI
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

all OF them, in and to the said premises
property, rights, assets and fran
chises, respectively covered by said
mortgages, and every part and parcel
thereof, shall be forever barred and
foreclosed, niles the parties Defend
ant, or some OF them, shall on OF before
the expiration OF twenty days from the
date OF this decree, pay into the reg
istry OF this court, for the use and benz
eft Of the parties entitled thereto, the
following sums, namely: a. A suffi-
cient sum Of money to pay the costs
OF the complainant, The Farmers
Loan & Trust Company, in this cause.
pensation as trustee, with counsel fees
and other expenses n disbursements
as the same may be fixed by this
court; also CD a sufficient sum OF
money to pay UGH reasonable allow
ance as may be made by the court to
the receiver herein for his services
disbursements and counsel fees, or
such part thereof as the said receiver
may not be able to pay out of the
funds in his hands properly applicable
to the payment thereof; also 90 the
entire amour due for coupon interest
and interest on unpaid coupons secur-
ed by the mortgage to the Farmers
Loan & Trust Company up to the time
OF such payment, as hereinbefOre fixed
and determined.
1t was further ordered. adjudged and
decreed, that if default be made in
making said payments o n Of them
in said twenty days, then the said
premises and property, real, personal
and mixed rights and franchises, wher-
soever situated. shall be sold, as here
matter directed, without appraisement
or right of redemption, at public auc-
ton to the highest bidder. at II O'Clock
noon, on the property of the defendant.
the Cape Fear and Yadkfn Valley
Railroad Company. at the passenger
depot of said defendant company in the
city of Fayetteville, in the state Of
North Carolina, on a day to be named
by the master commissioners herein
appointed in their notice Of sale: that
before making said sale the master
commissioners shall publish a notice
thereof in a newspaper of general cir
culation published in the city Of
Greensboro, and also in a like newspa-
per published in the city OF Baltimore
Nd. and also in the Commercial and
Financial Bulletin, a newspaper pub
lished in the city OF New York, and
alos in the Manufacturers Record. a
newspape published in the city Of Bal
timore. Md. each once a week for four
weeks: and. further, that the master
commissioners making such sale may
either personally or by some person to
be designated by them n TO act in
their name ard by their authority, ad-
journ the said sale from time TO time
withour further advertisement. but
only on the request of the complain
/. ant, the Farmers Loan and Trust
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06
A Total Railroad Wreck.

Savannah, Ga, April 1.-Freight train
No. ~, on the Central OF Georgia rail-
road, which left Macon last night, ran
into a washout four miles south OF
Oconee, Ga, soon after midnight this
morning. The washout was seventy
five feet long n -four feet deep. The
engine and nine cars went into il. The
other sixteen cars Of the train remained
on the track. Brakeman Joel s. BRAGG
OF Macon, was caught under the tender
and crushed TO death. Engineer w. A.
Ryan, Of Savannah. had his left leg
broken and was bruised about the
head. Fireman Hugh Grady was b-uis-
ed and shaken up. The wrecking train
from Macon arrived on the scene six
hours after the accident. Passenger
trains met at the scene Of the accident
and their passengers were transferred
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06
The Arbitration Treaty.

! Washington. April Mot content
with its work yesterday. the n to-
day still further emasculated the gem
eral treaty OF arbitration with Great
Britain by striking out the eighth sec
ton entirely and adopting an amend
ment offered by Senator Bacon. which
is intended to protect the southern
states from any claim based upon Sc
curities issued during the reconstruc-
ton period. Several other minor
amendments were offered, but reject
ed, with the exception OF one or two
lmmaterlaI changes in the verbiage OF
the text.
The debate today was devoted al
most entirely 10 Senator Bacon's
amendment, that senator making an
elaborate speech in support of his sug-
gestlon. 1t was antagoniZed in an ex.
haustive speech by Senator Lindsay,
who discussed the legal phase of the
case and also by Senator Gray.
When the vote was taken the amend
ment prevailed by a majority of fivu
woes. 1t adds at the end of article 4
OF the treaty a proViso reading as fol-
lows:
NO claims of a citizen Of Great Bri-
tain against a state or territory OF the
1IilCd blittS SIIdIl bt ii SUBJECT Vi dI-
bitration under this treaty"
Senator Butler sought to amend the
first article, wherein it is agreed that
all questions that fail of adjustment
by diplomatic negotiations are to be
arbitrated by adding to the words "di-
plomatic negotiations the words "or
by convention or treaty" his idea be-
ing that this was essential to a full
settlement Of co~ntrOverted questions.
This was voted down.
In like manner the senate voted
down Senator Morgan's motion to
strike out article z which governs OBJ
jections that may be made to the jur-
| iSdiction Of the arbitral tribunal.
/ Senator Hansbrough withdrew his
resolution, mentioned in these dis
patches last night, for the reason that
| the amendments of Senator Foraker,
providing for a separate court for each
case submitted, met his contention that
the ratification Of the treaty would be
unconstitutional because Of the fixed
and permanent character of the cour
contemplated.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

preme court Of North Carolina, his
court must reach it's own conclusion on
the point. The statute law of North
Carolina does not in every case pro-
vide for the continued existence of the
franchise of q railroad corporation,
whose property has been sold under
foreclosure. Section s98 of The Code, it
is true, provided for such continuance,
but hat it net the only provision.
Whenever such foreclosure shall take
place, the purchasers takes the prop
erty and may with his associates OBJ
tain corporate powers under section
1896. but the corporation so framed Is a
new corporation, with the powers, fran
chises and privileges, and subject to
all the provisions Of the general law.
The language OF the statute is clear
and unambiguouS. It Is in these words:
Section 1896. Code of North Carolina.
1888: Whenever the purchaser Of pur-
chasers ct real estate. track and fix
lures OF any railroad has heretofore
been sold OF nay hereafter be sold
by virtue OF any mortgage executed
by such corporation, shall acquire title
to the same in the manner prescribed
by law. such purchaser or purchasers
may associate with him or them any
number Of persons and make and ac-
knowledge and file articles Of associa-
ton as prescribed In this chapter, such
purchaser or purchasers and their as
sociates shall thereupOn be a new cor
poration. with all the powers privileges
and franchises and subject to all the
provisions OF this chapter"
AS has been said. the problem is
how shall all this property bound in
this complicated way by different liens.
be sold. and when sold how shall the
proceeds be divided?
The testimony submitted by the spe-
cial master presents the different an
swers mad by experts to the last
part Of this problem. These answers
are al based on estimates and c~onjec-
ture and these depend upon the re-
not a certain mode of reading on
| illusions.
The usual and perhaps the best mode
| OF ascertaining the value of property
at judicial sales is by public auction.
If fairly and openly. with no
abnormal obstacles. this mode of sale
car ascertain and fix more nearly its
then existing value. It is not perfect,
but it is nearer to perfection than any
other. Were each division put UP sep
arately the result would establish its
market value. If the aggregate sales by
division exceeded the amount bid for
! the entire trunk line. afterwards put
up as a whole, the question would be
| solved. II, however. the trunk line
] should bring more than the aggregate
| OF the bids on the divisions. we would
have a pretty sure evidence of COM
| parative value.
But the recent hostile legislation in
J North Carolina tends to defeat this
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06
An Error I'm the Tariff Bill.

Washington, April by an over-
sight there is no provision for cop
per in the tariff bill. and, failing spe-
cial mention, that metal comes under
a general provision OF the bill laying
a duty OF 2 per cent. as a metal not
otherwise provided for. 1t was stricken
out of the metal schedule by the house.
but the amendment putting il into tho
free list was not offered. Similar errors
have been made in the passage OF ev-
cry tariff bill, and this oversight will
nvolv no serious consequences. even
If the senate should fail to correct il.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06
The WOmens' Expedition of the Carolina

The Wom~n.' Exposition Of the CaroIinss.
The building for the Women's exposi-
ton is going up rapidly. and all fear
OF its not being completed in time TO
have all exhibits properly installed by
the opening date is removed. Those
who have seen the plans express them
selves as delighted with them. The
building is to be quite a handsome
substantial affair-far better thar an
tlclpated-and will be an ornamen to
Charlotte. not only during the life Of
the exposition, but after its close. The
exposition management is greatly en-
couraged, and almost every departmenx
will excel their earliest expectations.
So much has been aid and written
regarding the fine arts department. that
some have conceived the idea that only
works or art will be placed on exhibi-
ton. Such an error could only come
from careless reading. The exhibit Of
curios ana war relics, revolutionary and
colonial objects, will be the finest ever
seen south, and will ontain many val
uaple loans never before placed on ex-
hibition.
1N 0AA "a ~ anu SITDISeI
firms OF the city will make handsome
exhibits in the industrial department.
and a number OF manufacturing firms
in distant cities will also probably
make some Independent exhibits.
The building and grounds are to be
lighted by electricity. which will be
supplied by a 700 power light plant.
erected on the grounds by the Char
lotte Machine Company. Undoubtedly,
he electrical displays will surpass any
thing ever seen in the state. as this
company has almost inexhaustible ia
%cilities. An extensive display by the
cotton mills OF the two states Is ex-
pected. as mill men are deeply inter-
ested In all that will develop the indus
tries Of the Carolinas.
Several requests for an exhibit OF
fancy stock, poultry and live pets ha3
been made. and II Is probable that an
exhibit OF this nature will be Installed.
The committee OF transportation lis
now working up the matter Of reduced
rates on all the railroads OF the two
states, and soon expect to be able TO
announce a rate so low as to draw
many thousands OF visitors.
This exposition, IL must b. borne in
mind, Is not one that covers acres of
ground, but Is a compact, comprehen-
sive exhibit along art, scientific. his
torical and Industrial lines, In which
great care has been execised In elm
mating all hackneyed or Objectionable
features.
A prominent feature will be the salea
department OF the fine art exhibit. Ar
rangements have been made by which
the work Of prominent artists will be
offered for sale. and 1t is hoped by the
management that many fine pictures
will be sold and retained in the two
states. :
The management will arrange q
boarding house and hotel register for
the accommodation OF guests. and all
who attend will be insured a place at
which 10 stop during their stay. Infor-
nation OF all kinds will be cheerfuliy
furnished upon application to Mrs
Minnie Hebb Kellogg. general manager,
Charlotte, -. G.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

Malaga, April ]. The Spanish au-
thorities here nave seized a quantity
OF c~ontraband munitions III war at his
place, which were intended for the use
of the Riffians in Morocco. One British
subject and two Moors have been ar
rested in connection with the seizure
1t Is sal that other British subjects
are involved in this attempt to sup
ply the PiFans with arms, and win
be taken into custody.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

w I'LL
Topic-A crowd of once Seekers at the
Penitentiary.
Messenger Bureau. TAX Hotel.
Raleigh. y. c. April I.
This morning the new chairman Of
the railroad commission. pr. Abbott.
was sworn in by Chier Justice Fair
: cloth. Later he went - his home in
Panlico county To spend a Few days.
when he will return here ana enter
upon his duties There Is a squabbie
over the clerkship 10 the commlSsson-
but 1; is very probable that the pres
ent clerk. H. c. Brown. Will be re-
tained.
The Raleigh chapter OF the Daught-
ers OF the C~onfederacy will give an
evening with Burns and Moore" short
ly after Easter. TO raise funds FOR the
Davis monument.
The family oc Superintendent Smith.
OF the penitentiary. have moved into
the apartments at the rvnitentiary act
aside for the officers.
The session OF the last superior court
held here last week cost the county
$500.
Yesterday one printed copy ~ tire
revenue and machinery act was sent
to the secretary 81 state to be index
ed. Ii Will require two or three DAVIS
10 do this. but by the middle OF next
week there will be a supply for dis
tribution.
City politics hold the attention Of
the people just now. There are many
candidates for each place and IL ia
SAID the republicans will give their
support To the Independent candidates.
The sixty New Jersey newspaper
men passed through here early YES
terday on their way To Charlotte. They
VIII return here tomorrow and spend
n night here as the guests of tho
chamber Of commerce..
PRESIDENT Alderman, or the UNIVERSE.
", passed through here yesterday on
his way to Charleston, :. G., where h.,
delivers an address.
The mother OF DR.. r. II. Lewis lied
at his home here this morning.
j. j. Perkins, OF Pitt. resigns as pen-
.itentiary director and Wheeler Martin
succeeds him.
DR.. Abe Alexander, OF the Colds
toro insane asylum. is here and says
he will not take hold of the institution
for a week or so.
There was an immense number N
office seekers at the penitentiary this
morning. William edbet is ward
en-; w. X. Moore, OF Wayne, deputy
warden j. j. Bernard, Clerk. Ledbat-
ter n Bernard are hold-overs from
he last administration. There were
about fifteen appointments from popu-
lists and republicans.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06
THREE MORE WEEKS GRACE
You Must Pay Up or Lose
The Messenger

We are now sending Jul statements to
those who are in arrears to The Messenger
and we hope that all will respond promptly.
We have recently changed the paper to twice
a week without changing the price, which
makes it the cheapest paper in North Caro-
lima. Hereafter no name will be entered on
our books without the cash with it. All are
hereby requested to pay up or expect their
paper discontinued. Remit by Registered
Letter or Express Order at our expense.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06
TUFTS Pills
Cure All
Liver Ills.
Save Your Money.

save Your Money.
One box of TUFTS Pills will save
many dollars in doctors bills
Theywillsurelycu all diseases
ofthe stomach: liver or bowels
No Reckless Assertion
For sick headache, dyspepsia
Malaria, constipation andbil;o
rsness, amillion people endors.
TUFTS Liver PILLS
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

The decree issued by Judge Simonton
is a voluminous document, and below
We give a synopsis OF the important
parts. After quoting the text and pro-
visions Of the mortgages securing the
various series of bonds, the decree goes
on to say
1T is ordered, adjudged and decreed
that the premises covered by said
mortgages above mentioned shall be
sold, as hereinafter directed, and all
the right and equity of the redemp-
ton of the defendants, and each and
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

course. The Legislature OF that state
at its last session has passed an act
evidently aimed at a sale OF this rail
road property. 1t may be that his ef-
fort would prove fruitleSs. either be
cause the act itself would have no con-
stitutional force IL applied t. the bonds
in this suit. or because from inadvert-
ance or some other cause, the wrong
section OF the code was amended. BE
this as il may. il Is clear that were
this property put up for ale by divi-
sions, every bidder would believe that
II his bid were accepted. he would be
called upon TO litigate his right TO Sc
cure a franchise as Il common carrier
for any corporation formed to operate
the part of the property purchased.
This would inevitably chill the sale.
The risk and Expense OF the litigation
would become an element in the bid.
The result would by no means show
the actual market value OF the proper
~ put up. These considerations must
have great weight with the court.
whose sole object must be to secure
for the parties in this cause. the best
result for the property in which they
have al interest.
After much anxiety and with great
reluctance, the court feels itself con-
fined to a sale OF the property as a
whole, not including the rolling stock
which is governed by its w rule. The
decretal order will SO provide.
After careful consideration OF the
testimony and an examination OF the
data upon which the experts based
their opinion, the proceeds OF sails.
after deducting all charges superior to
the lien OF the mortgage, Will be di-
vided as follows:
To the bonds upon Division A, IS
per cent.
To the bonds upon Division Il, -
per cent.
To the bonds upon Division c., 10 4-1o
per cent.
To the bonds having the first lien
on the branches. 6 6-10 per cent.
Let provision be made for this in the
decretal order.
CHARLES H. STMONTON,
Circuit Judge.
Dict Nf,rob 1907
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06
CLARENCE ABBOTT
OF THE RAILROAD COMMISSION
TAKES THE OATH OF OFFICE.

A Sguabbic Over the Clerkship cf the
C"mmis-ion-Snp-rintendent smith Set
tie. III. Family at the F~nitenfisry-The
Revenue and Machinery Acts Heinc In
d~x-d-City Politics the hing
Topic-A crowd OF once Seekers at the
Pcaitentiary.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06
THE DECREE.

31st March, 1897
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-06

Messenger Bureau. TAX Hotel.
Raleigh. y. c, April I.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-08-01

imaginative Briton seated between two
lively American lasses, Vainly endeavoring
to discover the humor of their lively repair
tees, the puzzled vacant, yet anXious-to-
understand expression being inimitable. In
some tableaus given for a charitable OBJ
ject. this drawing was represented. and the
audience roared with laughter as the we'll
acted John Bull turned his binocular first
on one girl and then on the other, in help
less perPleXity. Now will you tell me
what there is funny in that picture" said
an Englishman who happened to be pres
emit ITO me it seems absolutely without
point" and the renewed merriment of his
auditors did not in the least enlighten him.
"One feels so fiat TO be taken au serieuX
when one essays a feeble little joke" said
a witty American I'm England l was con-
tinually experiencing moral rebuffs, owing
to my foolish habit of testing. Never under
any circumstances have | known the Brit
ish matrons to laugh at my nonsense, and
their well-meant efforts to find the sense of
my remarks nearly reduced me to a state
of diocy. At one house where [ was stop
ping, for instance, / being the last to take
my bedroom candle from the table in the
hall, found two instead of one. Why, Mrs.
*, 1 exclaimed f1ippantly and foolishly, I
Should never have suspected you of ritual
ism, with my two wax tapers. | only need
incense to make it complete oh, Mr.. A.
cried the good lady in great distress, it
was quite an accident, L assure you. am
exceedingly broad in my ideas.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-08-01
wASTED-AGENTS.


,MANItlt- MUST nave agents AT once 10 sell sdSn
locks and door holders: sample sash lock free
for 2-cent stamp; immense; better than weights
burglar proof: $40 day write quick. Address
orchard & CO.. Box 81. Philadelphia Pa.
WANTED AGENTS-Salesmen. The greatest op-
portunity of your life $40 per day easily made
TO introduce 10 cent cigar. We offer to
dealers with first trial order OF 100 cigars at the
wholesale price. $3.50, entirely free a premium
ISL double gold-pated watch, patented Amer
lean movement, equal as time-keeper and ap-
IearanCe 10 any $50 watch. We pay 81 commits
sion every order for zoo cigars and watch, and
even q with experience take from
ten To twenty-five orders per day. If you are
looking for employment that DAYS. end an al
ticle that Sells order outfit att once ana so TO
work. Parties desiring to become our agents
we will send 200 cigars and one watch by eX-
press &. O. j.. and express charges, with priv
tege OF fun examination before paying for same.
Remember you do not have 10 pay cent IL
goods are not exactly as represented send
$3.50 direct and save time and express charges
STAR PREMIUM CIGAR COMPANY, sos East
st. Catherine street. Louisville, Ky.