The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-06-12
THE CRAIG LAW SUSTAINED.
Declared Valid by state supreme ourt
Other Supreme Court Decisions.
State Guard Encampment In Angus
at wrightsville.
Especial to the Messenger.)

~ Az -"C~-~AcCA1
Raleigh, N c.. June 7.-Governor
Russell announced tonight that he
would commate the sentence Of Mack
Fesperman, the negro who murdered
his wife at Charlotte. Lawyers Of
Charlotte interested themselves in ask
ing for commctat:c2 AID are Pleased
at the governors decision.
The following legislators. members
of the Joint committee on the consti-
t~utional amendment, are here: Sena-
tors F. /. Osborne, Frank Daniels, and
E. l.. Travis; Representatives Lee ;.
Overman, F. d. Winston and W. r.
Allen.
The supreme court files the following
opinions: Houch VS.. Patterson, from
Caldwell, two appeals, decided against
the defendant; Mott VS.. Commission
ers of Forsyth county, error; Herring
VS.. Pugh, from Sampson, modified and
affirmed, costs against appellant; Deb
nam VS.. Bell Telephone Company,
from Durham, affirmed; Faison VS..
Grady, from Northampton, error;
Boone VS.. PEBBLES, from Northampton,
affirmed; Glass Plate Company VS..
Furniture Company, from Buncombe,
reversed.
The supreme court today filed an
opinion in a case of extreme interest
and Importance. 1t decides constitution
al the Craig law, which vas intended 10
force corporations chartered by other
states to domesticate themselves here
for the purpose of preventing them
from transferring suits from the state
to the federal courts. The case came
up from Durham. A man, while
walking on the sidewalk, was struck
by an iron bar dropped from a pole by
a Bell Telephone employee. He sued
inn
for damages. The company filed a pc
tition fer removal on the ground of
diverse citizenship, claiming original
incorporation in New York. Judge
Brown of the supreme court, refused
a removal, holding the Craig law con-
stitutional and Bell Company to be a
a domestic corporation. The supreme
court affirms Judge Browns decision,
holding Craig law constitutional and
that by compliance with it's terms he
defendant become a domestic corpora
ton and cannot remove a suit to the
federal courts when sued as a domes-
tic corporation. Justice Douglas wrote
the opinion. Justices Faircloth and
| Furches dissent, the latter not on the
legal argument, but purely on the
ground that the plaintiff really sued
| the defendant as a New York corpora
ton. The Bell Company will, by writ
of error, tax the case at once TO the
United States supreme court.
Justice Douglass said, in an inter-
view, he had devoted a fortnight to
writing the opinion.
An officer at headquarters here says
the ~encampment of the state guard
will be in August, at Wrightsville, and
probably be by regiments.
The state charters the Gastonia cot
ton oil mills, capital $4,000.
The supreme court today in the case
D-~1 - Co ~ rCnn
decides an interesting point. 1t is a
contempt case in which the defendant
refuses to surrender the books as a
county official, upon judge Bryan's or
der Ind was fined for contempt OF
court The supreme court holds Gus
tice Faircloth and Douglas dissenting)
that while there was error in issuing
the order by Judge Bryan, yet it should
have been obeyed, and disobedience
was contempt.
The supreme court at the last term
had decided in favor of the persons
adjudged in contempt, but now says
they ought to hav given up the books
pending determination of the suit
which was before Judge Undertake.
The negro ex-postmaster Israel D.
Hargett, of Rocky Mount, convicted
last term of the federal court here OF
embezzlement of poStoffice funds, but
whose sentence was deferred until this
term, under the prayer OF the dlstrlcl
attorney, was today sentenced to
twelve months in Wilson county jail
and fined SS42.
James A. Long, of Greenville, and
James D. Parker, of Smithfield, were
appointed United States commission
erS.
The supreme court decides the case
of Marshall Mott, superior court solic-
itor against the commissioners OF
Forsyth county. Mott asked for a
mandamus to compel the commission
ers to summon a grand jury in the
superior court. The lower court refus-
ed the mandamus, holding the act OF
the legislature to be imperative. The
supreme court decides the legislature
could not deprive the superior court
of all original criminal OF civil juris-
diction, it being a constitutional court.
The supreme court, therefore, holds
that the commissioners could be forced
to summon a grand jury; that the
criminal court has jurisdiction; that
the superior court has equal concur
rent jurisdiction of which it cannot
be deprived by indirection, as for ex-
ample by refusal to summons a grand
jury. Justices Clark and Montgomery
dissent.