davidaulloa/AmericanStories huggingface dataset:
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

1t is said that Filipino irsur>
gent generals are more dep1ess>
ed by loss of arms than of men.
Foreigners arriving in Manila
recently say that all cemeteries
in outside towns are cover ed
with new made graves, and that
a majority of Filipino wounded
die because of lack of hospital
facilities, medicines and doc>
tors.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09
A FAMOUS PLATE.
The First Engraving Was
Printed on a Laundress'
Bundle.


standing in the Pitt palace be-
fore the large plate Of pure sll>
yer upon which Flniguerra, the
great master of early engraving,
had depicted his lovely "Madon>
ma and Child" in a trellised an
Dor covered with loses. An Ital>
ian lady was telling her friends
in an undertone the charming
anecdote of Finiguerra and the
laundress.
The artist, it seems, in masters
ing the new and difficult art of
engraving upon metal, had ac~
quired singularly keen eye
and delicate touch, and he also
possessed a numb Der of very fine
and sharp instruments. which
he used III his work.
Being a kindly man he some
times placed both his sure hand
and his fine tools at the service
Of his friends and neighbors in
performing for them some OF
the simpler operations OF sur
gerry, until he acquired quite a
reputation for his skill in doc
toring their hurts.
One day poor laundress
who had been washing clothes,
in wringing out garment in
which a needle had been car>
lessly left, ran it deeply into her
hand. Worse yet, it broke off in
the wound and part remained
imbedded in the flesh. She was
in much pain, and on her way
back from the stream where she
had been washing she stopped
at the house of the artist and
was admitted.
Entering his studio she hastily
set down her wet ard heavy
bundle and held out the injured
hand, begging his assistance.
Finiguerra left his work to help
her, and after long and delicate
manipulation extracted the
broken needle. The woman
thanked him I'D turned to 60,
lifting her bundle from its rest
ing place.
Then he saw that she had set
it upon one of his engravings.
Like all others at that time, it
was plate of engraved metal.
complete in itself, and regarded
as a single and sufficient picture
exactly as if it had been a paint
ing.
But as the damp bundle was
raised the duick eye of Finigu-
ezra saw that it had received an
impression from the engraved
picture beneath, and his quick
mind seized at once the suggest
ion Of the possibility of indeh'
mite reproduction from a single
original. So that flo1n the kind
ness of a great artist to a poo
Washerwoman sprang the dis
covery wr;c4 has placed ths
beautifu products of the engrav
er's art within the reach of al
Of us today!-Youth's Compau
ion.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

If you have piles, CURE them, No
use undergoing horrible operations
that simply remove the results of the
disease without disturbing the dis
ease itself. Place your confidence in
DeWitt's Witch Hazel Salve. 1t has
never failed to cure others;it i'll not fail
to cure you. Griggs & Son.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09
VAlua bic to " 0Kn eaa.
sum inner.

Especially valuable to women is Browne
Iron Bitters. Backache vanishes, headache
disappears, strength takes the place Of
weakness, and the glow of health readily
comes to the pallid cheek when this won.
derful remedy is taken. For sickly children
or overworked men it has no equal. No homo
ahould be without this famous remedy.
Rrowns' Iron Bitters is sold by all dealers.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

DeWitt's Little Early Risers act as
faultless pill should. cleansing and re-
vsving the system instead of weaken
ing it, They are mild and sure, small
and pleasant to take, and entirely free
from Objectionable drngs, They assist
rather than compel. Griggs & Son.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

To cure pills, strike at the Root
that's the way. DeWitt's Witch Hazel
Salve strikes at the Root-it removes
the Cause, quickly and permanently.
Don't squander time and money in a
vain effort to remove the Effects.
Griggs & Son.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

You get up in the morning tired, a
bad taste in the mouth and headache
Know hats the matter? Biliousness!
Take DeWltt's Little Early Risers.
They regulate the liver and cure con-
stipltion pleasantly and promptly.
Never gripe. Griggs & Son.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

What you want is not temporary re-
lief from piles but cure to stay cur
ed DeWitt's Witch Hazel Salve cures
piles, and they stay cured. Griggs &
Son.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

The steamer Neuse leaves Elizabeth
City Tuesday, Thursday and Saturday
at s p. NJ, for New Bern: and
Roanoke Island connecting with
the A. & n. c. r R, for Goldsboro
Kinston, and Morehead City, and with
the w. & w. R. R. for Jacksonville.
Wilmington, N. c, etc. Returning
leave Newbern Monday, Wednesday
and Friday.
Tickets on sale at Elizabeth Cit;
station to all landings. Newberne,
Kinston, Goldsboro, Morehead City
and Wilmington, N. c.
Daily all rail service between Eliza
beth City and New York, Philadelphli
Baltimore and Norfolk.
Through cars and as low rates and
quicker time than by any other route,
Direct all goods to b shipped via
Eastern Carolina Dispa CHI as follows
From Norfolk by Nortol & Southern
Railroad; Baltimore by w. & B. K.
R., President Street Stat N; Phlladel-
phia, Philadelphia R. R., Dock Street
Station; New York, by Pennsylvania
R. r, Pier ~ North River, and Old
Dominion Line.
For further information apply to M.
H. Snowden, Agent, Elizabeth City, OF
to the General Office of the Norfolk &
Southern R. R. Company, Norfolk, Va
NIX. KING, General Manager.
Fl. c. HUDGINs, G. F. & P. Agt
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

The Legislature of Virginia
has decided to hold a reu aion in
Norfolk and Old Point this
summer.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09
Norfolk 81 SOub
ern II. II.
Schedule in effect Oct. 10, 'o8

Norf Dlk & Southern r. R. Nail and
Express trains, SOuthbonnd, daily lex
tept Suniays,) leave Elizabeth City at
u:4o a. IN, Northbound. daily, (excepa
Sundays leave Elizabeth City at 2:45
D. M Trains Nos. 3 and a leave Eliza
beth City Southbound 6p. m, North
bound 9:2o a. m. The trains arrive at
and depart from Norfolk & Western de-
pot, Norfolk; connect at Norfolk with
all Rail aud Steamer lines, and at
Edenton with Steamer for Roanoke,
Casnie, Chowan and Scuppernong
rivers; Transfer steamers to Wackey
FeIry, thence by Norfolk & Southern
r. z. to Roper, Pantego, and Bell
haven, connecting with Old Dominion
steamer for Maklcyville, Aurora,
Washington aud all intermediate land,
ings.
Eastern Carolina Dispatch
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1899-06-09

C. sTo7 IA.
ssa,a ths \. The Kind You Have Always Bought
''::;:''' G.; :; 9; ,.;:;!;;;::;;:!: 4; !; :; *: ''''
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22

has no vested interest or contract right
of which he cannot be deprived by sub
sequent legislation, and sums up his
able opinion in this emphatic sentence.
''WHA'TEVE THE FORM OF THE
STATUTE THE OFFICER UNDER
IT DOES NOT HOLD BY CON
TRACT. HE ENJOYS A PRIV
LE4E REVOCABLE BY THE SOW
EREIGNTY AT WILL: AND ONE
LEGISLATURE CANNOT DEPRIVE
IT'S SUCCESSOR OF THE POWER
OF REVOCATION"
Whence then does this court get any
power to declare null and void the stat
ute abolishing the plaintiffs office, or
(even if it were true) placing the plaint-
iff in it? The State constitution not
only does not protect the plaintiff in a
legislative office, but forbids the court to
stop the execution of any law. The e.
S. constitution as uniformly construed
by the highest court does not protect
him; for it says mo office is a contract, >
that all officers whose terms are not
fixed by the constitution may be changed
or abolished at the viii of the Legisla-
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22

That court was able but they wrote
some opinions which they themselves
held were incorrect. The decision must
stand or fall on its own merits or de-
merits. 1t can have no vicarious right
eousness imputed to it. What is this
much talked of decision which is invok-
cd to stay the hand of the people equally
when they would change the manage
ment of their penitentiary, their court
system, the management of the railroads
owned by the State. the educational
system of the State or the supervision
or regulations of railroads, telegraphs,
telephones or express companies, and
their charges and their assessment for
taxation? From the expenditure of hun
dreds of thousands OF dollars of tax
money upon cOnvicts and courts, and
the Management of the property of the
States down to officers paying SO and
IS salaries per year. whenever the peo-
pie have put forth their hand to change
the management this court is invoked
to step the execution Of the peoples
will; not by virtue Of a provision of the
State constitution, for, admittedly there
is none; not by virtue of any provision
of the constitution of the United States.
for the United States Supreme Court
says there is none that confers that pow
er; but by virtue of decision Of court
two-thirdS Of a century ago Thus the
imposition of the dead hand of the past
is invoked to deny the constitutional
rights Of the living.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
Simpsons Pharmacy,
WILLIAM SIMPSON, Manager
NOTICE TO CONTRACTORS.

Sealed proposals for the erection of an
addition to the Watson School will be
received by the architects, Pearson &
Ashe. until 4 o'clock p. m. ON Wedncs-
day, the 29th day of November, 1899,
and there opened in the office of the
mayor of the city Of Raleigh, before the
School Committee and the bidders. Each
bidder must enclose with his bid a certi-
fed check for $4,000, made payable to
A. Nj. Powell chairman, drawn on some
reputable bank in North Carolina, check
of the successful bidder to be forfeited
to the committee if said bidder does not,
within two days after award of con
tract, execute to the committee a salts
factory bond i1r sum equal to one-half
the contract price, to guarantee the full
fllment of his contract. The right is re-
served to reject any and all bids.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
A Strange inconsistency.

But take the decision as an original
propositions: Ought it to stand or should
it be oyerruled as so many others, rem
dered by the same court have been?
1t holds that public office is private
contract and therefore the property Of
the officeholder. With strange incon-
sistency it holds that the office can be
abolished. but that, if another is put in
the office the first holder can claim the
em0luments. Can that be sustained! If
the office is a contract. if it is property,
the rights of the holder surely are as
much violated by the destruction of the
office and the loss of the property as If
it is transferred to another. Again, if it
is a contract, is it contract for emf
ployment. and every one knows that
the remedy for a breach of such contract
is not a decree of court to put out the
new employee and to put in the old one,
but a Judgment for damages, and no
Judgment for damages can be given
against the State, which is besides not
a party to the action. though the treas
ury is ordered (by this verdict method
to pay the salary of a public agent whom
the State has discharged. Besides, il
public Office is private property Tor as
the current phrase goes IF public office
is private snap') surely it can be
bought and sold, for what property a
man has he has an inalienable right
to dispose of, yet if it were attempted
the recreant officeholder would find him
self indicted 1t is said the salary may
be reduced, but if it is contract how is
that possible? If it were property, then
surely upon the death of the incumbent
it would go to his executor or admins
traitor Indeed the decision is logical in
this respect, for the court which had
strongly expressed the opinion that pub.
lie offices should be held for life, says
l15 \. c., bottom of page 23):
For an absolute term of years it
could not be granted; as upon the death
Of the officer it would in that case go
TO his executor, which would be mad
missible since the office concerns the
administration of justice and an incom-
petent person might be introduced into
.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
iron Mrs. Waughn
to Mrs. DlnAAam.
LETTER TO MRS. prNKHAM NO. 64,ss7l

LETTER TO MRS. PINKHAM NO. 64,s871
"DEAR FRIEND-Two years ago / had
child-bed fever and womb trouble in
it's worse form. For eight months after
birth of babe was not able to sit up
Doctors treated me, but with no help.
/ had bearing-down pains, burning in
stomach, kidney and bladder trouble
and my back was SO stiff and sore, the
right ovary was badly affected and
everything I ate distressed me, and
there was a bad discharge.
/ was confined to my bed when /
wrote to you for advice and followed
your directions faithfully, taking
Lydia e. Pinkham's Vegetable Com
pound, Liver Pills and using the Wash,
and am now able to do the most of my
housework. / believe / should have
died if it had not been for your Com
pound. Ihope this letter may be the
result of benefitting some other suffer
ing woman. l recommend your Com
pound to every one. "-MRs. MA1:Y
VAUGHN, TRIMBLE, PULASKI Co., Ky.
Many of these sick women whose
letters we print were utterly dis
couraged aud life was burden to
them when they wrote to Lynn, Mass,
to Mrs. Pinkham, and without charge
of any kind received advice that made
them strong, useful women again.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
Dartmouth College Case Not Germane

In 1879 the same point was before the
United States Supreme Court in New
ton V. Commissioners, 100 T.. S., 54S,
in which the court says: THE principle
laid down in the Dartmouth College
case and since maintained in the cases
which have followed and been controlled
by it, has no applications where the stat
ute in question Is public law relating
to a public subject within the domain
of the general legislation of the State
and involving public rights and the pub
lie welfare of the entire community
affected by it. The two classes of cases
are separated by a broad line of de-
marcation. The distinction was forced
upon the attention of the court by the
argument in the Dartmouth College
case. Mr.. Chief Justice Marshall said:
THE Judgment Of the court in that case
proceeded upon the ground that the coll
lege was private eleemOsynary insti-
tuition, endowed with a capacity to take
property for purposes unconnected with
the government whose funds are be-
slowed by individuals on the faith of its
charter"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
No Judicial InfallibilitY."

This surely should be conclusive of
controversy. Every other court and
every text writer holds the above views:
With the legal ability of the entire world
arrayed against the plaintiffs conten-
ton his counsel simply says; I'VE rely
upon Hoke V. Henderson" 1t is bur
justice to the court which rendered that
decision to again say that they did not
have the benefit of the full light which
has been shed upon us. Few State
courts had then passed upon the ques~
ton, and none of the decisions of the L.
S. Supreme Court which have since SO
clearly and Enthusiastically held that an
office is not n contract within the mean
ing of the Federal constitution. There
is no dogma of judicial infallibility,"
and if there had been that court did NOT
believe they possessed it, for they over
ruled several of their own decisions, and
there is long list of other decisions of
theirs which have been overruled by
their successors.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
THE NEWS AND OBSERVER WEDNESDAY MORNING. NOVEMBER o. 1892

starred decision, that there has been a
continuous struggle between the people
acting through their Legislature and the
courts. In this very year, the numerous
cases which have come before us show
that the Legislature has not yet acquies-
ced or have thought that they had avoid
ed the restrictions Of that decision.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
A LIFE AND DEATH FIGHT.

Mr.. w. A. Hines, of Manchester, Ia,
writing of his almost miraculous escape
from death, says: Exposure after mea-
sles induced serious lung trouble, which
ended in Consumption. / had frequent
hemorrhages and coughed night and day.
All my doctors said / must soon die.
Then / began to use DIR. Kings New
Discovery for Consumption, which com
pletely cured me. / would not be with
out it even if it cost $500 a bottle.
Hundreds have used it ON my recommen-
dation and all say it never fails to cure
Throat, Chest and Lung troubles
Regular size 50c and $1.00. Trial bot
ties Zoe ut all drug stores.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
Overriding the U. S. Supreme Court.

Let us examine it with unbiased
minds. In H0ke vs. Henderson the court
says the property in public office is ac-
auired by contract. AS to future earn
ings there is no Flaw of the land to
prohibit the Legislature impairing that
which has not yet been earned except
the contract clause of the United States
Constitution, not by any provision of the
State constitution. The impairment of
contracts is prohibited by the United
States constitution article /, section 10,
clause ] that mo State shall pass any
law mIJairing the obligation of
contracts 1t is thus the Fed
eral constitution which is invoked
10 nullify State legislation. 1t
is a rule that the construction placed by
the State Supreme court upon the con-
stitution of its own State will be adopted
without question by the United States
courts and for a stronger reason, the
construction placed by the United States
Supreme court upon the constitution of
the United States is binding upon the
State courts. else we might have as
many constructions as there are States
Now. this very clause of the United
STAKES constitution has been several
times before the United States Supreme
court. and that high tribunal has held
uniformly. Notwithstanding its changes
of personnel, from the decision of Chief
Justice Marshall down to the present
ahat the clause in the United States con
stitution prohibiting any State from
passing any law ''impairing the obliga
fion of contracts does not prohibit State
Legislature from abolishing public
al,a racrif hair bn
without abolishing the OFFICES, for, thai
within the meaning of that clause pub
Lie office is not a contract" Thi'
should surely be final and conclusive
the uniform construction OF the United
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
Hoke v. Henderson Anticipated.

This decision Of the United States
Supreme Court was rendered in 1866
II years after Hoke V. Henderson. II
the eminent court that rendered the lat
ter decision had had the benefit of this
construction by the United States Su-
preme Court of the contract clause of
the United States Constitution, as we
have, we may feel sure they would have
rendered a different decision-as we
should do.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
The Dead Hand of the Past.

But aside from that the decision itself
is illogical and incoherent and cannot
be sustained by amy process except thar
Of saying ipse dixit. 1t is true that It
most respectable court wrote it. No one
doubts their responsibility or their abili-
ty. Even Homer sometimes nodded.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
Hoke V. Henderson as a Fetch.

In reply to the express provisions of
the State constitution which prohibit the
courts to interfere with the legislation
in any respect and the uniform decisions
of all other courts that the power to
declare legislation unconstitutional,
does not extend to legislation affecting
Offices not created by the constitution.
since such legislation is purely govern
mental and rests solely with the legis-
lative department, there is but one re-
ply offered us: 1t was otherwise de-
cided by Hoke VS. Henderson. That
this decision upon question of con-
stitutional law, common to all the States
and to the Federal Government also.
should stand out in contradiction to all
the decisions of all the courts of other
States, would alone suffice to make us
doubt its soundness and reconsider its
foundation. Without questioning the
conceded ability of the court which reu-
dered it. the three lawyers then filing
tina bench can not be asserted to have
possessed attainments and abilities
oyermatching the vast array of eminent
men on the benches of like tribunals III
other States, and upon the Supreme
Federal bench, who, with absolute
unanimity hold that the doctrine as
serted in Hoke vs.. Henderson is itself
unconstitutional
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
Zero Is Zero Still. .

But it is said that the decision of
Hoke V. Henderson has been quoted
some 40 times. 1t has been often cited.
hut many times incidentally, or to show
it did not apply. An examination will
show that it has been quoted as an au-
thority prior to the present year less
than dozen times. But 40 times zero
is zero still, and the decision being
based entirely upon an erroneous CON
structfon Of the Il. s. constitution as
shown by the subsequent decisions of the
Z. S. Supreme Court the REPETITION of
the error leave it an error still.
In matters of practice, mere routine
Of the courts, line of decisions once
established is followed until changed by
statute or rule of the court that the
change may be prospective. The same
is true Of decisions affecting contracts
and private rights generally. They be-
come rules of property, men act upon
them and contract with reference TO
them. But in constitutional questions,
the constitution itself is the guide not
the CLOSES of the courts. We cannot
make the word of none effect by our
traditions The decisions of the courts
are the traditions of the elders"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
The Constitution Final.

The constitution itself is the highest
authority. Just as the scriptures still
speak for themselves, and are held to be
changed by erroneous constructions
which from time to time have been
placed upon them by men of unques-
toned ability or sanctity; or, as Presi-
dent Lincoln said in his inaugural adj
dress, speaking of constructions placed
upon the constitution: Such matters
are never settled until settled right"
or, as Chief Justice Chase and
Justices Miller and Field said,
in Washington " Bouse, s Wal
lace, Al |, when protesting against
Il decision which restricted the powers
of the Legislatures with as full re-
spect for the authority of former decis-
ions as belongs, from teachings and
habit, to judges trained in the common
law system of Jurisprudence, we think
that there may be questions touching
the power of legislative bodies which
can never be closed by the decisions
of the court, and that the one we have
here considered is of this character.
The decision in Hoke V. Henderson
being contrary to the subsequent con
struction placed upon tine contract
clause of the Federal constitution by the
e. S. Supreme Court, it would be impos-
sihle for any court to hold with Hoke V.
Henderson il it were a new question
today. The same reason requires IT to
be oyerruled that the word not the
traditions of men should control.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-22
THE DEAD HAND OF
THE PAST DENIES
RIGHTS OF LIVING

CONTINUED From First Page.)