davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
SUPREME COURT DECIDES ALL THE
OFFICE CONTEST CASES.
Fusionists Win the A. & N. c. R. r. and
Western Criminal Circuit Cases Demo-
Gratis Take Public Printing, Keeper
Of Capitol and the Agricul
tural Board Cases.

The Supreme court will adjourn today
Three more opinions are to be filed
tbs morning. then the spring term 1850
of the Supreme court of North Carolina
will pass into history.
In one respect it has been a very re-
markable term. i greater number OF
political eases than has ever before bee
known III IL similar length of time have
bsen tried and decided.
All these cases involved title TO office.
and arose from attempts of the last
Legislature to either abolish the office
or to elect Il new officer.
The first Of these cases was that Of
the States Prison VS.. w Ii. Day. 1t
was decided in favor Of Day.
This decision was rendered abont n
month ago. and then the court stepped
until yesterday when it handed down
an even half dozen divisions i'll office
contest cases.
They are as follows:
Wilson vs.. Jordan, from Buncombc.
decided in favor of plaintiff. This suit
was for the office of clerk of the Crimi-
nal court of Buncombe county. Wilson
is the old Republican clerk.
Cunningham VS.. Sprinkle. affirmed.
This is the case of the new Agricultural
Board against the old one. The new
one wins.
Cherry vs., Burns. affirmed. Contest
for the office of Keeper of the Capitol
Cherry was elected by the last Legisla-
ture. He gets the office.
Capital Printing Co. VS.. Hoey. no
error The Capital Printing Company
is the harnesses. who were Public Print
ers during the past two years. They lose.
Atlantic and North Carolina Railroad
Company VS.. Dortch, reversed. The Old
board of directors Republican) will
serve out their term.
Bryan vs. Patrick. reversed. Patrick is
the Republican president Of the Atlantic
and North Carolina Railroad. He will
stay in till his term expires in September.
Other opinions handed down yesterday
were as follows:
Charlotte Fertilizer Co. VS.. Rippy, pc
tition to rehear dismissed.
Whitman VS.. Dickey, reversed.
State VS.. Rhyme, new trial.
Norwood vs. Pratt motion for certio-
rari denied.
Trollnger vs. Railroad Co, motion TO
reinstate denied.
Collins VS.. Bryan, new trial.
Collins vs. Petit petition to rehear dis
missed
Wilkinson VS.. Brim, reversed.
HuSs VS. Craig error
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
BRYAN vs.. PATRICK.
Chief Justice Faircloth Endorses Dart
mouth College Decision.

Atlantic and North Carolina Railroad
Company told board Us. Dortch new
proxy, Decided in favor or the old
board Chief Justice Farclotn writing
the opinion of the court says:
''.rhis action Us for the possession and
control of the property OF the Atlantic
ard North Carolina Railroad Comnany
From the agreed facts ana ADMISSIONS
we are informed as follows: That said
road was chartered in 1852 and said
charter was amended in lS34',, wi ere
in it is provided that the State is emit
tied to eight directors and the private
stockholders to four directors: also tina;
the Board of Internal Improvements,
consisting of the Governor and his two
appointees. shall appoint the eight State
directors: that said board has contlnn-
Ously till the present time, annually,
made such appointments: that said Board
of Internal improvements, of which the
Governor is eS-ofticiO president IS to
be appointed bi-ennially with the advice
of the Senate, and is a corporate body,
Code section 1858; that said Board of
Internal improvements was appointed by
the Governor and confirmed by the Sen
ate on March 3, 1897. and their com
mission were issued on March 3, 1898:
that defendant Patrick in September,
1883 was duly elected president of the
road for the term of one yrar.
by an Act of the Assembly, ratified
February 10. 1899, The Code section
1858 was declared repealed and substi-
tute therefor was adopted. making the
Board of Internal improvements con-
H.. l., 4 I,
General Assembly on joint ballot, incor
poratng the same, and requiring it Ia
meet on the 24th of February, 1899.
"On February 18th, 1899 the Lcgisla.
ture elected Il new board of Internal
Improvements who met and organized on
February "a, 1899 and ordered that the
State proxy and the Board of Directors
defendants be removed from their Of
fees. and that said offices be declared
vacant. and elected the plaintiffs TO fill
said vacancies.
''These new directors met on Februa-
~ %. 1899 and elected the plaintiff,
Bryan. president of said company an(
on the same day demanded Of the, dafen-
dants possession of the property, ETC..
of the road. which was declined
1T will be observed that if defendants
Office was for two years. it did not eX-
pire until March 8, 1899. and that plain
tiff's claim rests on legislation in Feb.
ruary, 1899. The single question then
is. Has the Legislature power to remove
one from his office and confer it on an
other? The plaintiffs counsel in his well
considered argument. insists that 'T,
he appointed biennially' means that tn,
~ he m f.kr,
years. but that it does not fix any term
of office. if we understood him. Sup
pose that the Legislature enacts that al
official board (for it is not disputed that
fhe members of the Board of Interna
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
JUSTICE CLARK DISSENTS.
His Mastery Statement of True
Public Policy.

Mir. Justice Walter Clark, dissenting
from the opinion of the court in Bryan
VS.. Patrick, takes the position that Hoke
VS.. Henderson does not apply. and that
If stretched to cover this case becomes
dangerous to the public welfare and
should be reversed. He holds that to de-
eide for the old board would be tanta-
mount to granting Il mandamus to com
pei the Keeping of Il contract by the
State, power not vested in the court.
Justice Clark says:
about two-thirds of the capital stock
of the Atlantic and North Carolina Rail
road Company is. owned by the State of
North Carolina, and the amendment to
its charter enacted in 1910 provides
(Sec. - that the stockholders shall elect
four directors and the other s of its II
directors shall be appointed annually
and be removable by the board of in
ternal improvements. The Code, See
ton 1858 provides that the board of in
ternal improvement shall consist of the
Governor ex-officiO and ''of two COM
missioners to he appointed annually by
the Governor with the advice of the
Senate. any two of whom shall consti-
tute ii board for the transac-
ton of business. and in case of
same shall be filed by the other mem
bers." The General Assembly by an
act ratified on the 10th day of Febru-
airy, 1899. repealed the above section,
1858 of the Code and substituted for it
an enactment that the board of inter
nal improvements shall consist of nine
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10

grossly unreasonable. remedy will II,
found under such provisions of the or
ganic law. 1t was found ana promptly
applied, for unusual punishment, il
State VS.. Driver, IS y. c. 49,
The truth is. under our system gov.
eminent. with checks and balances, i,
all the departments, the suggested dan
ger is imaginary and may be dismissed
The reasoning in the cases we have
referred to on this subject has been 81
often stated and so often written. that
there is no need to re-write them in tn,
present case.
An office is a sepcal trust or charge
created by competent authority. If nor
merely honorary. certain duties will be
connected with it, the performance If
which will he the consideration for liz
heng conferred upon particular indi-
vidual. who for the time will be tile
officer. Throop VS.. Langdon, 40 Mich
673 Cooley, j.
1.-The term embraces the ideas of ten
IRE. duration, emolument and duties
L. $. VS.. Hartwell. 4 Wall. $50. :}93.
The taking Of the oath of office is
not an Indispensable criterion. for the
office may exist without it, 1t is mere
incident and constitutes no part of tnp
office. State VS.. Stanly. G6 \. G. 80:
Comm. vs.. Evans, II Penn. St 124. 1879
tSharsWo0d. J.D
Like the requirement of an oath, the
fact of the payment of IA salary or fees
may aid in determining the nature of the
position. but it is not conclusive, for
while a salary or fees are usually annex
ed to the office ii is not necessarily SO.
As in the case of the oath. the salary or
fees are mere incidents and form no part
Of the office State VS.. Kennon. Z Ohio
st. 11G: L. S. vs.. Hartwen. 6 Wall.
$50: Howerton VS.. Tate. IS y. c. 547.
The duties to be performed by an Off
Ger may he changed and reduced and
thereby the emoIuments diminished fo.
in those respects he takes the office sub
ject to the power of the legislature To
make such changes as the pubic good
may require. Bunting VS.. Gales. - y.
{. 2S3. We see now that the compenS l.
tion may become very small. as the leg
isature may deem proper for the pubic
good, but the position still remains an
office Our opinion is that the plaintiffs
are not entitled to recover for reasons
stated in Wood VS.. Bellamy, and State
Prison VS.. Day. supra.
Reversed.
No. 73-Atlantic and North Carolina
Railroad Company. appellant against Ii
L. Dortch ct nj.
MacRae and Day and j. G. l.. Harris
for appellant; Simmons, Pou and Ward
for appellee.
Faircloth. G. j. The facts here are
the same as in Bryan VS.. Patrick, at
this term. The defendant was elected
States proxy by the new Board in Feb
ruary, 1899. This action is brought to
restrain him from attempting TO repre-
sent the State in the stockholders meet
ingS or Interfering with the present
States proxy in any manner.
'ln Bryan VS.. Patrick we have held
that the new Board was without author
ity to act III the premises and could not
legally elect the defendants.
Reversed.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
NOTICE TO CREDITORS.
North Carolina,
Wake County.

North Carolina.
Wake County.
In the Superior Court.
John Ward on behalf Of him
self and other creditors of the
NCrth Carolina Car COMPANY
VS.. The North Carolina Car Com
pany.
In the above entitled cause an or
der was entered at the April term OF
1899 of Wake Superior Court that
the creditors of the North Carolina
Car Company shall have unt:l the first
day of June, 1890 to make themselves
parties to said cause before the under
signed as referee, to whom the same
has been referred to ascertain and re-
port the amount due to each creditor
and the preferential rights or liens eff
any in respect to the assets of said
Company.
Notice is accordingly hereby given
to all creditors who have not previous
~ done so to make themselves nar.
ties before the undersigned on or
before the LIST day of June. 1899.
II. Il. GRAY, Referee.
May 8, 1899. 2w
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10

Sold throughout the world. Price. CUTIcuRA
tHAvISG SOAP, 15c. CUTIcURA TOILET SOAP,
CSC: CUTICURA ointment, soc. POTTER DRUG
AND CHEM. CORP, Sole Props, Boston. All
About The Skin, Scalp, and Hair" free.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
CAPE FEAR AND NORTHERN
RAILWAY.

is Now Open for Business.
Train leaves Apex for Angler daily
except Sunday with comfortalX
coach, upon the arrival of the so
bound ). A. l.. local passenger ira
Train leaves Angler daily u
sunday in time to connect w
>. A. l.. northbound local pas
train for Raleigh.
GEO f. LIE
Superin
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
from HRS. Sumter
to Mrs. PlnkAom.
LETTER TO MRS. PINKHAM NO. 76,244l

LETTER TO MRS. PINKHAM NO. 76,244l
Zone year ago last June three doc
tors gave me up to die, and as had at
different times used your Vegetable
Compound with good results, had too
much faith in it to die until had tried
it again. was apparently an invalid,
was confined to my bed for ten weeks.
Il believe my trouble was liberation of
womb).
''After taking four bottles of the
Compound and using some of the Liver
Pills and Sanative Wash, at the end of
two months l had greatly improved
and weighed 155 pounds, when l never
before weighed over 1913. Lydia e.
Pinkham's Vegetable Compound is the
best medicine ever used, and | recon-
mend it to all my friends. "-MRs. ANNA
EVA GUNTEI, HIGGINsvILLE, Mo.
Mrs. Barnhart Enjoys Life Once More.
"DEAR Mrs. PINKHAM-I had been
sick ever since my marriage, seven
years ago; have given birth to four
children, and had two miscarriages. l
had falling of womb, leucorrh9a, pains
in back and legs; dyspepsia and
nervous trembling of the stomach.
Now have none Of these troubles and
can enjoy my life. Your medicine has
worked wonders for me. Minis. 8.
RARNnAEr, NEW CASTLE, PA.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10

THE BEST PRESCRIPTION FOR MALARIA.
Chills and Fever is bottle of Groves
Tasteless Chill Tonic. 1t is simply Iron
and Quinine in a tasteless form. No
cure, no pay. Price soc.
wed & sat m & W Gm
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10

Hoods Pills cure liver ills, the n0n-irritating and
only cathartic to take with Hoods Sarsaparilla,
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30
A Peculiarly Sad Death.

The death OF Mrs. Samuel Baugh
which occurred at her home in Black
foot, Wednesday afternoon, is one OF
the saddest The NEWS has ever been
called upon TO report. She gave her
life in giving birth to her babe.
After the birth OF the little one the
mother WAS thought to be doing we'll
up to a few moments before her death
which came unexpectedly and suddenly.
The husband will be severely shocked
when he gets the news OF his wife's
death from the messenger who WAS dis.
patched for him. He had gone to
Custer county with freight team
When he returns TIE date OF funeral
will be announced. The sympathy oI
all Blackfoot goes out to the husband
and the four little ones who have beer
bereft OF a wife and mother.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30
Three Veterans Die Within Ten Hours.

News from the Soldiers Home at
Boise City. tell of three deaths OF aged
veterans between midnight and IL
o'clock of the morning of the Goth inst
Andrew Bacon, aged 10 years, was
found dead In bed, cause heart failure
Charles Davis aged 53years, cause pueu
monia. aud Budd Clark, aged 5s, cause
fatty degeneration OF the heart A
triple funeral was held on the afternoon
of the following day.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30
The Passing Of 1899.

To-day We are standing 10 the door
way with extended hand almost ready
foe this parting grasp and To say good
bye 1879. good bye" With tomorrow
IL becomes An old year aud vill pass
through The gate into the highway
and disappear forever. The closing
pages Of iis history are being written,
and shcn iomorrows night.fall with its
blArknnss shall hide the face Of the
earth a. waters hide the pearls at the
bottom ~ The deep, 1899 will be living
only 10 history aud Ia the memory OF
ihosc who have lived through IL days,
4eeks and months.
The greatest events of the year are
the AmericAn.rilipiuo war and tho
English. Iioer wsr IN South Africa,
Apart lrum these the white'winged
messenger ot Peace has been sailing
over every land. The oceurancvs have
not been very unlike ,o the occurancc'
Of other years. There have been tinu
aud .hadows 10 every home, bright ant
dsrk days In every calendar ane
some daxs Of pleasant memory ans
some everyone would gladly forget IL
those whom the year seemed uukins
mas the coming year he true friend
sud IA those whom IL WAS especiali!
kind may 1900 be kinder still. To
morrow We ulll say sooi bye 1899. an'
welcome, thrice welcome, 1900.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30
What would you think of the husband

What would you think OF the husband
who sa, $ to his wife:
No. could not live without you
While your words form such a SPELL,
While your charms stiil hang about you
And YOU coos so deviltsh we'll
The Miners Union will attempt to get
a new trial for the men convicted in
Judge Beatty's court at Moscow for OBJ
structing the mails aud If it be denied
they will appeal to the Circuit Court of
Appeals. This is the work OF union
in another state.
An Ohio farmer reports prosperity
this way: la 1898 sold wheat for g.
cents: in 1899 for "a cents. In 1898,
corn for 3s cents; in 1899 for 2s cents.
In 1898 bought nails for sl.65: in 1899,
~. .40 In 1898 wire fencing, Sl.S5: in
| 1899. 81 80. Lumber in 1898, $l2: in
1899, SIS. Prosperity for whoms Not
| for the farmer.
Grove City Lodge of Masons and
Esther Chapter OF the Eastern Star in
stalled their officers elect Wednesday
evening. Past Master Wall WAS in-
sialling officer for the Masons and
Past Master Gagon for the Eastern
Star. In addition to the officers given
in our last issue, the following Masons
we're installed as officers; Chas. John
son, $. D.: w. f. Martin, ]. D.; w. A.
Woodin. S. S.: j. o. Jarvis, ]. s.: j. f.
Shoemaker, Marshal: A. d. Quantrell
Tyler.
When you know thing, to hold that
you know it, and when you do not know
thing to allow you do not know it
this is knowledge.
Blackfoot merchants had elegant
, bargains for the holidays, and the,
, have Just as good ones for the openins
! days OF the New Year.
Between friends frequent reproo
makes the friendship distant.
!, Try some home cured ham and baco
. from the Fulton market.
Buy small pail of Pickles, qualit
A No. l, at G.. II. Holbrook's.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30
Back 10 Work again.

1t matters little how great our ex-
citement At the approach OF Christmas
and the holidays may be, we somehow
get back into the traces for work AS
easily and naturally as II Christmas
and the holidays we're not In the alma
macs. Like great oceans lashed into
fury by fierce winds and typhoons sink
back Into p,aeld conditions when the
wlnds and typhoons are gone SO we,
when the lights at our social functions
and In our banquet balls are extin-
gnisbed, take up work where We left IL
aud move on with scarce Il thought of
the interruption.
The American people are a
great people to adapt themselves
To surroundings. They can laugh
with those who laugh aud weep
with those who mourn. In times OF
war their soldiers fight as soldiers OF
other armies never foa ht aud they can
Exchange arms for handles Of plows OF
tools Ia the shops before the smoke oi
battle Is cleared from the battle field
They can enjoy season OF festivities
with all the cares of life behind aud
then take np work and care again as Il
Unconscious tha, an hour had been losl
or an Interruption had checked ,hcil
onward movements, A great people
a great couasry, rcat age.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30

George l.. Shoup, son OF Senator
shoup, and Miss Susie Edwards OF
Lemhi county were married at Salmon
City last week The young couple had
known each other from their earliest
school days, aud as they grew In years
grew In love until happily united In
marriage Wednesday evening, 10th OF
December.
The man or woman who attempted TO
buy holiday goods In Blackfoot In 1857
does not have to worry the memory
to assist In noting the wonderful dtfter-
ence between the holiday trade In 1889
and IN 1899. In 1889 it was almost I'M
nossible to get decent present for
man, woman. boy or girl, while In less
the displays were equal those OF larger
towns. Blackfoot merchants are proud
of their holiday trade and those who
hopybt of them are pleased with goods
purchased. Backfoot is becoming a
great trading town,
There are more complications grow
iup out of the late elections In Kentucky
,bau there are ileas on the tail OF the
aoy Of the wild man from Borneo.
/ keep poultry, game, oysters ano
,,,L,.s AS well as all tirst-class meats
.;ive me call. L. Il. Dekay.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30

In another column VIC mention the
death of three veterans Mt the Soldiers
uome. Hotsc. within 10 hours. Since
then another member, William Scheli,
aged 80 years, died. The cause oi
sebell's death is said TO be too much
Christmas aud exposure.
Rev, Van Eugclon, OF Pocateiio, VIII
conduct services at the Baptist church.
Blnckfoot, next Tuesday evening" at
7.9o o'clock. He will also preach resn-
larIy ON Sunday evenings during the
year. The public is cordially invited
20 these services.
1ohu G.. Brown, merchant, remem-
bered the little Indians at Fort Hal
with two large boxes OF presents io'
their Christmas tree, and they are az
happy AS they can be over the gifts a'
employc said Mr.. Brown did nooiy os
them.
Senator and Mrs. DUBOIS are ''o''
again from their enjoyable visi' TO on'
capo and Washington. While away W.
senator attended the meeting 0. Wv
National silver Republican commi''ee
and "A number of large aud enthusiasm
silver Republican meetings. lie WI
also presen, at the opening OF Congress !,
IN this issue we give an interview whie'
will be read with interest
The gold shipment from New iof'
10 London today is put at s3,ooo'o"'
Try some of the new stock OF nike NIKE
and plain pickles iu bulk, at the ru''o
meat market.
Foa SALE --Twenty.eight Shares ,
r.,sr stock in Corbett Slougn o'.o'
Enquire Of c. II. Hines, Blaek'oo'' '''
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30
Tired Of life and liies Cares.

Kate Morgan, daughter of Herman
Hoe hun. a resident OF Blackfoot, tried
To end her cares and lIfc's troubles
Thursday evening by drinking caroolic
acid. Medical aid was promptly called
and tho grim messenger was driven
avay for The time at least. The report
today Is: The danger point is passed
aud Kate still lives.
kste's troubles grew out OF love
affair. The old folks ordered her lover
away and she felt she could not live
without him.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30
The Show.

The Madison Square Theatre Com
pany played here during the week to
very appreciative audiences, and the
repertoir, which has been produced,
embodied series of very interesting
and enjoyable plays. Every person is
an artist in his or her respective line,
and the company is a respectable one
deserving the full patronage OF every
town they choose TO play. Their ward
robe exhibited here is OF the finest ever
shown on the Laramie stage. They
are well worth patronizing. Laramie
Boomerang.
The above company will open a
weeks engagement at the Blackfoot
Opera House, Tuesday night, January
2nd, in the 5-act drama, entitled .A
Mountain Wait" This play contains
| the characteristics of first-class melo-
drama and comedy combined and is one
which will please both old and young.
Numerous specialties will be introduced
during the action of the play by differ.
cnt members of the company. As an
extra inducement Manager Lowe will
extend courtesies to the ladies Tuesda,
night, they being admitted free If es
corted with one paid reserved sea-
ticket, or two ladies admitted on one
ticket. General admission 10 and q
cents, reserved seats 30 cents. Tickets
on sale at Pioneer Drug Store.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1899-12-30
The Appetite Of a Goat

Is envied by all poor dyspeptics whose
stomach and liver are out of order. All
such should know that DR.. Kings New
Life pills, the wonderful stomach and
liver remedy, gives splendid appetite,
sound digestion and regular bodily
habit that insures perfect health and
great energy. Only % cents at Hull 4
Woodruff's q drug store.