davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
CLERK OF CRIMINAL COURT
Judge Furches' Views on the Impeach-
ment of Judges

Wilson (Republican clerk of Bun
combe Criminal COURT VS.. Jordan
Democratic clerk.) Decided in favor
of Wilson.
The court holds in this case that the
act passed by the last Legislature
February 27th, 1897 abolishing the
Criminal circu,. court composed of
Buncombe, Madison, Henderson, Hay-
wood and Mcdowell counties; the act
OF March. Sd, 1899, establishing the
,estern District Criminal court, and
the act of March 9th, 1899, to abolish
the Criminal circuit composed of the
counties of nuncombe, Madison, Hen
derson, Haywood and McDowelr'
must, upon the principle of in pari
materia, be considered in connection
with chapter Is, Acts 1895, establish
ing the Criminal court of BlIncombe.
Henderson, Haywood and Madison
counties, and chapter 6, Acts 1897,
amending the act of 1895. Thus con
sidered the Acts of 1899 do not abol-
ish the Criminal circuit court estab-
lished by the acts of 1895 and 1897,
but are merely amendments of the
acts of 1895 and 1897. Under Hoke VS..
Henderson, Is n. c., /, the provision
in the acts of 1899 for the appoint
ment of a clerk of the ..Western Dis
trict Criminal court" in the stead of
one holding the office of clerk of the
Criminal circuit court of Buncombe
county, under the provision OF the
Act of 1895, is unconstitutional.
\ provision in an act of the Gen
eral Assembly that the commissions
ers OF certain counties shall draw not
less than twelve nor more than TWEEN
tY-four jurors for each week Of the
Superior court; and IA provision that
the solicitor OF Il criminal court es-
tablished by the Legislature shall
prosecute for the State in the Superior
courts ana receive the fees in cases
! OF conviction. are unconstitutional.
IT takes eight dull pages for Judge
Futches to review the legislation Of
the1ast Legislature and its two pre-
decessors touching this court. Ills
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
JUDGE CLARK DISSENTS.
No Room in the Government for a.
Judicial Hegemony.

In the case of Wilson VS.. Jordan in
volving the title to the Western Criminal
court clerkship, Mr.. Justice Walter
Clark. dissenting from the opinion of
the court. holds that the abolition of the
old Criminal circuit was bona fde, and
that the putting of more than twice as
many counties in the new district effec-
tually destroyed the identity of the two
courts under Ward vs.. Elizabeth City,
III y. G. /. He also cites that material
changes were made in the powers of the
enlarged court as compared with the
old.
The act abolshing the old court was
clearly within the powers Of the Legis-
lature and the courts can set it aside
only when in conflict with some provision
Of the constitution. The two acts were
not in pari materia. One aboishes n
court of five counties; the other estab-
fishes n court of ten. No act should be
held unconstitutional unless it is plainly
and beyond reasonable doubt in violation
Of the constitution. This is not an
auspicious time to amplify the jurisdic-
ton of the court in that particular.
Justice Clark cites that the Governor
has not been given even a modified veto
power ms showing there was no intention
to give the Judiciary any supervisory
power over the Legislature, and con-
tinues: ION the contrary while the
courts can not pass, in any the most re-
mote degrees, upon the title to his seat
of any member of the Legislature. that
body can sit in judgment upon any mem
her of the executive or judicial branches
of the State Government by impeach-
ment and remove him from office. This
indicates that the ultimate supervisory
power is in the legislative. not in the
Judicial department The power Of the
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
AGRICULTURAL BOARD.
The Court Decides That it is Not a
Constitutional Office.

Cunningham ct ais new agricultu-
raj board) VS.. Sprinkle ct ais Gold
board.) Decided in favor of the new
board. Judge Douglas writing the
opinion Of the court has this to say:
The points in this case. however
important, are comparatively simple
and clearly presented. There is no
effort to remove the defendants from
Office. or to deprive them of any
rights of property therein. 1t is true
that their influence may be materially
diminished by SO large an addition
to the membership of the board, as
one vote in nine is worth more than
one in twenty-four; but they still
have the right to cast their votes
when and how they please. SO there
appears to be no abstraction of prop
erty rights. The question lis purely
upon the rights of the plaintiffs to
act as members of the board. After
the elaborate opinions of the court
as well as those concurring and dis
senting. filed at this term upon ques-
tons of title to office, but little is
now left to be said. Upon the au-
thority of the cases of States Prison
VS.. Day and Cherry VS.. Burns. both
filed at this term. together with the
cases therein cited. we feel compelled
to say that members of the Board
of Agriculture are not constitutional
officers; and that being of legislative
creation they are equally within tine
power of the Legislative appoint
ment -
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
MONTGOMERY DESSERTS.
lie Thinks the Case Dissimilar to That
of State Prison VS.. Day.

Justice Montgomery dissenting. in the
case of Bryan VS.. Patrick, states that
the main contention of defendants was
that they were deprived of vested rights
according to Hoke VS.. Henderson and
State Prison VS.. Day. He says there
is clearly defined difference between
The offices in the eases cited and in
this case. In Hole KS. Henderson
the office required continuous service,
1t is true as was said in State Prison
VS.. Day supra. The duties of the Of
flee are Of the first consequence. and
the agency from the State to perform
those duties is the next step in the ere
alton of an office. 1t is the union of
the two factors, duty and agency which
makes the office but that which prac-
tically makes the office property is the
emoluments"
Justice Montgomery then argues that
on the face of iii. from the small com
pensation. that the office of members
of the Board of Internal Improvements
is purely honorary, the members being
such not for personal gain but purely
for the public welfare. The office not
being n lucrative one can be trans
ferred at any time regardless of the
term of office. He holds that the direc-
tors of the Atlantic and North Carolina
Railroad are not public officers. He
hclds that they are entirely different
from officers of the asylums and peni-
Tertiary which "are a part of the soy-
eminent and of the State polity.'' The
president and directors of the road are
merely employees dischargeable at viii.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
SIX POLITICAL DECISIONS
Continued From Second Page.)

sacredness is in preserving to the people
the fullest liberty iii legislating in regard
to the institutions and property of tie
State and in I'LL matters which can
come within the w-making power Of
free pecpla. ard in always maintaining he
right of the people to pass upon the
action of their representatives through
the next or any succeeding Legislature.
The SO per year paid two members OF
the Board Of Internal improvements can
not have the effect to prohibit the State
from abolishing the board and creating
a new board of nine members to take
charge of its Investment of S2,00C.000
in the Atlantic and North Carolina Rail
road whenever the Legislature may see
fit. 1t did see fit to do so on February
TO- 1899. and ] can find no authority
conferred on this court TO set aside
and declare null that action Of the Gen
eral Assembly.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
IL SrIJE FURCHrs ,..M3URRING
Mingles Spice Freely With His Brief
for the Defendant.

Mr.. Justice Furches. c0ncurring in the
case of Bryan vs.. Patrick says it would
make no difference whether the members
Of the Board of Internal Improvement
got S3 day or more.
Speaking OF Mr.. Justice Clarks criti-
cism of Hoke vs.. Henderson. Mr.. Justice
Furches says: Il know that Hoke vs.
Henderson is tercely attacked by one
member of the court and it is even in
timated that this opinion. delivered by
Chief Justice Ruffn and Judges CASTOR
and Daniel was given under fear that
they might lose their offices. if they
should hold that the Legislature could
remove an officer before his term ex-
pred"
Mr.. Justice Furches after discussing
the small pay of directors shovels in the
the proposition that there is nothing
in public office but the number of pen
MES it may put in the pocket of the
officer still. if it is treated on that low
plane, ! propose to show that this de-
gression from the record does not help
plaintiffs case. | expect to show this
from general principles and also from
the case of Hoke VS.. Henderson
If ii is treated simply as a contract
rs Il horse trade-depending on pecuniarv
considerations SO would be as effective.
in the absence of fraud. as 500 would
be-.
The argument of the learned Judge
brings out nothing new
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
NoHe Dame of Maryland.

Charles Street Ave-, Baltimore, Md.
College for Young Women and Pre-
naratory School for Girls. Regular and
Elective Course. Extensive grounds. Lo-
cation unsurpassed. Suburbs OF Balti.
more. Spacious building, completely
equipped.
Conducted by School Sisters Of Notre
Dame. tI
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
WORKING NIGHT AND DAY.

The busiest and mightiest little thing
that ever was made is. DIR. Kings New
globule of health, that changes weak
ness into strength. listlessness into ener-
gy. brain-fag into mental power They're
wonderful in building up the health.
Only 25c. per box. Sold by all Drug
gists.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
KEEPER OF CAPITOL.
Judge Furches Over-rules Chief JUS
tice Pearson.

llce IedrSOn.
Cherry (Dem.) VS.. Burns Rep.) for
office of Keeper of the Capitol De-
cided in favor of Cherry. In course
of the decision, Justice Furches, who
writes the opinion of the court, says.
''Ihe question as to whether the de
PENDANTS office has terminated or not
depends upon the fact as to whether
his successor has been appointed and
filed his bond.
IF this office is a constitutional Of
flee, we should hold that the Legis-
lature could not fill it or provide for
its being nied, otherwise than is pro-
vided by the Constitution. Then, is
it constitutional office? If so. why
is it so? 1T is not named in the Con-
stitution, and the only ground for
this contention made in the argument
was that it was an office existing at
the adoption of the Constitution and
was thereby recognized by The Con-
stitution, and the fact that Judge
Pearson in delivering the opinion OF
the court in Welller VS.. Bledsoe 6S \.
c.. 457, called the Keeper of the Capt.
toll constitutional office. 1t seems
TO us that it cannot be he'd 10 be a
cO0Sl1IutlOlldi Olllce DttdttSc tIitIt
was Keeper of the Capitol at
the time the Constitution was
adopted. If we were to hold ttis. it
is probable there would be more than
1000 offices in the State thai are CON
stitutional offices, that have never
been SO regarded by lawyer or lay
man.
I'VE have the very greatest respect
for anything said by Chief Justice
Pearson, though it be obiter And
the fact that he said in Weller VS..
Bledsoe, supra, .hat the office of the
Keeper of the Capitol was q consti-
tutional office, caused us to hesitate
and examine the case with great care.
1t was not at all necessary for the
court to pass upon the question as to
the Keeper of the Capitol, in WelI<er's
case; it was in no way involved, and
it added nothing to the strength of
the argument in that case. And this
is an instance in which a great Judge
has slipped in giving expression to
an obiter that cannot be sustained"
nm DrrrT CnTTCII CyDITD will
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
Jones e. Powell,
Raleigh, ~. c.
FIELD OR cow PEAS.

Our 100 acre pea field was last year
the wonder of three counties. After
years of testing we have hit upon
marvellous vine maker and land removal
tor. 1t is also productive of peas.
Prices reasonable. Bags free.
CONTINENTAL PLANT CO,
Kttrell. y. G..
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10
| G.. =: =. i.

Our delivery wagons deliver ice each
morning and evening to all regular GUS
toners who will get tickets and let us
know their names and places half day
in advance.
Drivers will sell tickets and ice for
cash at same old low prices. We cannot
fill orders for small lots promptly unless
such orders are given before wagons
leave Factory. Those wanting small
lots quickly, can get them at cellar,
under our office, 107 Fayetteville street.
Tickets for sale at from 60 cents per
100 pounds down.
Ice well packed for shipment at 80
cents per 100 pounds per Express.
Raleigh, n. c., April IA, 1899.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10

Words are like sunbeams-the more
they are concentrated the deeper they
burn.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10

It's so much easier to convince 9th
ers than it is to convince ones self.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-10

DIR. BULLS COUGH SYRUP will
prove a quick and sure cure for Group.
Mothers. when your children are attacked
with that dreadful disease, you can de-
pend on this marvellous remedy. 1t never
fails to cure at once. Price 25c.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-02-17
wAVERLY.

Thomas i. Smith is visiting rela-
tiVes in Toronto, Canada.
Rev. John CaVanaugh is holding re-
Vival meetings at Highlands and is
making a large number of converts.
The funeral of the late Mrs. Waldron
Stone took place last Thursday morn
ing from her late home. Rev. f. II.
Doty, of Scranton, preached the fun
eral sermon. Interment was made in
the Franklin cemetery. The deceased
is survived by her husband and five
children, Elmer, Herbert, Ernest, En-
ma and Vincent.
Miss Jennie Smith has left for Flor
ida TO spend the balance of the winter
Prof. IT. c. Hanyen, of the Waverly
high school, has arranged an elaborate
programme of songs and recitations to
be delivered by the pupils today (Fri-
day) in honor of the late Miss Francis
+. Willard. The ladies of the w. c.
II. u. will attend in "A body. Every
body is invited to attend.
David Thomas, formerly with j. A
Linnen, has removed with his family
to Scranton.
Miss Jennie Challis, of Scranton, is
visiting her parents, Mr.. and Mrs. Will
liam c. Challis.
E. G.. Trimby has purchased the AL
fred Twining farm on the Dalton road.
Dr. Shimberg, the optician, of Scran-
ton, was a caller here the other day.
The usual services will be held at
the Baptist and Methodist churches
next Sunday.
The colored people of this borough
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-02-17
LOCAL AND PERSONAL.

Misses Clara Watt and Helen Hatha-
way have returned from a visit with
Wilkes Barre friends.
C. A. Morgan is on the sick list.
f. j. Riley, bOokkeeper at the Trac-
tiOn company's office, has returned
from New York.
Trinity choir has commenced the re-
hearsal of Easter music.
The Second Presbyterian church gave
an enjoyable and profitable supper at
the home of Mrs. Jones, on Clark ave-
nue., last evening.
Mrs. Geary, of Forty second street,
has been admitted to the Carbondale
hospital to undergo an operation for
appendicitis.
w. B. Chase is conValesCent.
Mrs. J. B. Van Bergen has returned
from visit with Scranton friends.
Mrs. T. c. Robinson is entertaining
her daughter, Mrs. Charles Baker, OF
Jermyn.
Mrs. a. S. Baker and Miss Josephine
Burr were in Wilkes Barre yesterday.
The Ladies' Aid society of the Pres
hyterian church netted more than 5000
at their dollar social.
J.N. Fitzpatrick Democratic candidate
for mayor, was in Scranton yesterday.
Louis Rehkop was in Forest City on
business yesterday.
The friends of Mrs. Mielius of Ca
naan street, will be panied to learn that
her son was killed at Greenville. Pa.
The body was taken to Elmira for
burial. The mother and daughters left
for there yesterday.
DR.. D. l.. Bailey fel! on Park street
yesterday and sustained a painful in
jury to his knee.
G. w. Reynolds, who has been i'll with
grip week, expects TO be out today.
Frank Collins, who was injured by
street car two months ago walked
out for the first time yesterday He is
still being treated at Dr. Wheeler's hos
pital.
Mrs. George Taylor and daughter, OF
Salem, Mass, are visiting Mrs. Taylors
parents Mr. and Mrs. Thomas Van
nan.
Peter Storch has arrived home from
the Wilkes Barre hospital, where he
had been since the Delaware and Hud-
son Mill Creek wreck.
Mrs, Decker, of Park street, ninety
four years old, who broke her wrist
five weeks ago had the splint taken
off yesterday, She is getting along.
nicely.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-02-17

HIS WIT SAVED HIM.
A Smart Lawyer Who Was Never
Fined for Contempt.

Detroit used TO have a lawyer who
was shrewd enough to show contempt
of court without incurring danger of
the penalty that would have been vis-
tied upon an offender less diplomatic.
He was at one time being heard in an
important matter before the supreme
court, and made an assertion which
elected from one of the judges: THAT
is not the law, sir."
Pardon me, your honor" with de-
ferential bow, lit was the law until a
minute ago. Now we accept a new
principle established by a supreme au-
thority."
On another occasion he was reading
from an imposing looking book in sup
port OF a position that he had taken
upon legal, question, SAYS the De-
troit Free Press.
Just a moment" interrupted the
supreme justice himself, do you mean
to say that you are reading good law2'
mot at all. your honor; only SUI
preme court decisions"
The most cutting thing he ever said
to this same court was during the con-
sideration of a desperate case in which
he had not a leg to stand upon. He
made a bold contention which was
fallacious but plausible from beginning
to end.
Blank" said the court severely, II
would not try to convert the average
justice Of the peace with such an ar
gument as that"
Nor l." was the quick response, but
had what 7 considered reliable in
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-02-17
CARBONDALG.
FIRE ALARM SITUATION.
It Is Too Late for Present Councils
to ACCOMPLISH ANYTHING.

1t was intended to introduce in COM
mon council tonight an ordinance pro-
viding for the sale of $4,000 bonds,
$4,000 of which was to be appropriated
for fire alarm, and $500 for surface
sewers on Garfield, Salem, Seventh and
Eighth avenues.
1t was discovered, however, that there
Is not time enough between now anu
the first Monday in April to get the
measure through both branches as IL
can be acted on at regular meetings
only As the new councils cannot take
ND unfinished work of the old the or
dinace will have to wait. II started
now it would simply die with old couh-
ellis
Hence there is no prospect OF q fre
alarm system inside of four months.
II will take until the first or middle or
May to get the ordinance through ana
easily another month to advertise, get
bids and have the system erected. with
all possible expenditure it will be the
Fourth of July before the city can be
provided with the protection it so ur-
gently needs
II is proposed to have the bonds re-
deemable at the rate of $500 year ana
TO levy o. special tax of four-tenths OF
a mill to pay principal and interest.
This is the situation and it will do
no good to stew about it. The fire
alarm will come just so quick and no
quicker Derelict as councils may have
been in the past they are now dong
the best they can.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-02-17
JERMYN AND MAYFIELD,

The recent severe weather and re-
ports of frozen hydrants in neighboring
towns has aroused the anxiety of some
of our citizens as to the condition of
the hydrants in this borough A local
correspondent in referring to the mat
ter says; "Our local authorities are
not at all alarmed about the condition
of the hydrants. They have had no
examinations made and they appear
TO ignore the timely warning given in
other towns. The expenditure of q
few dollars to make an examination
of and thaw out any hydrant that
might be frozen would be a mere trihe
compared with the serious result of a
fire with nothing but frozen hydrants
We suggest that the proper authorities
make an examination as soon as DOS
sible."
The pupils of the high school have
placed an eight day clock in their
room
Rev. j. G. Evans, Of Vandllng, will
preach in the Congregational church
next Sunday.
Miss Hannah Collins, of South Main
street, is suffering with the grip
Born TO Mr. and Mrs. Michael Nc
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-02-17
HONESDALE.

The Erie railroad will run an eXcur-
sion to New York February 21st return
next day. Fare $1.5O.
At the election next Tuesday the
voters of Wayne county will vote for
or against a county poor house.
Wayne county has eighty-four ap-
plications for license to sell intoxi-
cants.
The valentine trade through the
Honesdale postofiice was very light this
year.
The uptown Delaware and Hudson
station is no more. 1t has been torn
down TO make switch room for freight
in car loads.
Photographer j. A. Bodie is attend
ing the state convention of photograph
ers in Wilkes Barre.
Some of the Honesdale factories We're
idle during the blizzard on account OF
the scarcity of coal.
The retail coal sales Of the Delaware
and Hudson for the past week have
been very large. They have reached
forty-seven cars in one day.
The afternoon Erie train from New
York on Monday was seventeen hours
in reaching Eonesdale.
Mrs. Z. f. Ross, of Philadelphia, is
at the home Of her father, Mr.. Edwin
+. TORY
DR.. ana Mrs. c. +. Foster left yester
day for Florida. The doctor suffered an
attack of grin some time ago and has
not recovered sufficiently to take
Chrage of his practice.
Rev. II. j. Wahel, of the Baptist
church, is preaching a very interesting
series of sermons on Ancient Types OF
Modern Men" His subject for next
Sunday evening will be "Pilate the
Politician"
At the annual business meeting of
the Presbyterian society on Wednesday
evening s w. Powell, f. f. TORY and
w, w. Weston We're reelected trus-
tees.
Last week a man giving the name of
Charles Young, of Scranton rented a
store room on lower Main street, and
had it fitted up with office furniture
and telephone for a wholesale oyster
and commission house, He succeeded so
we'll that after gathering in a stock
of oysters, oats, flour, etc, and dispos-
ing of them, he suddenly left for other
parts, and has at this writing faile d
to return, and pay for his goods, fur
niture, etc.