The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-05-30
AN IMPORTANT DECISION
Tom Smith Fails to Get Another
New Trial.
EUT HE WILL PROBABLY NEVER HANG
The Supreme Court in lis Opinion Makes Out a
Strong Case For Communication OF Sen
tence. Decisions Handed Down
by the Court Yesterday.

In the Supreme court opinions were
handed down yesterday as follows:
Dawson vs. Land Company, from Gran
Vile; affirmed as to plaintiffs cause OF
action. and reversed SO far as it gives the
defendant judgment on counter-caim.
Vandyke VS.. Farris, from CASTOR; err
ror
Mccall vs.. Webb and Gardner. from
Buncombe; affirmed in both cases.
Smathers VS.. Gilmer. from Haywood
affirmed.
State VS.. Keith, from Cherokee; error
Mills VS.. Callahan, from Rutherford
affirmed.
Little VS. Brown. from Mecklenburg
affirmed.
Wittkowski vs. Baruch, from Mecklen-
burg; error.
Bradley VS.. Railroad, from Mcdowell;
affirmed.
Glenn VS.. Wray, from Rockingham;
affirmed.
James vs. Withers. from Stokes; re-
versed.
Dunn VS.. Beaman. from Sampson-in
Hobbs appeal no error.
Dunn VS.. Beaman, in plaintiffs appeal;
error.
Mcmillan VS.. Railroad, from Duplin
affirmed.
Smith VS.. Railroad, from Sampson; new
trial.
State VS.. Smith, from Wayne; affirmed.
Brown VS.. Town of Louisburg, from
Franklin: new trial.
Board of Education VS.. Town of Hendcr-
son. from Vance, two cases; decision
against defendant.
Cowell VS.. Insurance Company, from
Pamlico; affirmed.
McGloughan VS.. Mitchell, from Hert-
ford affirmed
The following cases were disposed OF
by per curiam order, to-wit:
Wilson VS.. Foster, from Burke; affirm
ed
Stewart VS.. Evetts heirs from Macon
affirmed. ta
The decision of perhaps greatest public
interest and Importance among the opin-
ions filed yesterday is that in the case
of Board of Education vs.. Town of Hen
derson.
In this it is held that all fines col
lected by towns and cities upon prosecu-
tons for violation of the criminal laws
of the State must go into the common
school fund and not into the treasury of
the town or city. This has not been done
heretofore in many towns and cities and
the decision means almost a revolution
in the financial management of such
corporations They will not only lose
from their treasury these fines in future
but many of them will have to refund to
4 bn f,pd :
ed in the past and turned into the town
treasury.
The Board of Education of Vance county
alleged that defendant town of Hender
son had collected, and had in it's treasury,
a large amount of money collected from
fines and penalties belonging to the pub
lie school system of the county, which
it refused to account for and pay over
1t based this claim on Article TX, sec
ton of the Constitution, which pro-
vides, among other things that 1.-The
clear proceeds of all penalties and for
FIXTURES, and of all fines collected in the
several counties for any breach of the
penal laws of the State
shall belong to and remain in
the several counties, and shall be faith
fully appropriated for establishing and
maintaining free public schools in the
several counties of the State
To this demand the town set up three
defcnces "a That all fines and penal
tics collected belonged to the town co
that the claim was barred by the Statute
of Limitations and CD that the claim is
further barred by an act of the Legisla-
ture (chap. %, Laws of 1S99)-which says
that said fines and penalties shall be
paid into the treasures of said towns
for municipal purposes and further adds
chat no action shall be brought or main
tanned against any town for the recovery
of any fines and penalties heretofore col
lected, and this act shall apply to exist
ing actions"
This act the court declares 80 palpa-
bly, unconstitutional that it feels un-
willing to discuss it. The opinion con-
tinues. however: 1--WE have this condi-
ton: The defendant has the plaintiff S
money. This, we will say, is admitted,
b,,t Jofopdoot cayc II will NOT nav it to