davidaulloa/AmericanStories huggingface dataset:
The news & observer., 1901-03-07

bility of the leyying a license tax upon
oil tanks. Mr.. Gattis said they had not.
Judge Connor then offered section 69I5 :
On each and every tank with n capacity
exceeding 600 gallons, kept for The distrl-
button or sale of oil, 500.
This was adopted as section 6gk.
PENITENTIARY BILL.
The bill to incorporate the States
Prison of North Carolina and to pro-
vide for the government thereof was
taken up as a special order 1t provides
for a Board OF Directors consisting Of
a chairman and four other members, to
be appointed by the Governor every four
years, with compensation of 81 per day.
Mr.. Patterson amended so that the term
ofo flice should begin on the 18th instead
of the 5th of March. This was made ne
c3ssary by the delay in the consideration
Of the bill.
Mr.. Daughtridge offered an Amendments
providing that the Board of Directors
should consist of one member from Con-
gressionai district. and that three OF
them should be practical farmers.
Mr.. Winston amended 10 provide that
two Of the members of the board should
be of the opposite party from the Cover
nor.
Mr.. Slnms offered an amendment pro-
viding that this act shal! not apply TO ex-
listing suits.
The news & observer., 1901-03-07
Charlotte Bills Discussed.

The two Charlotte bills-one providing
a new election Law and the other fixing
legalized primary-were warmly dis
cussod yesterday afternoon and last night
before the Senate Committee on EleC-
tioGs, but no decision was reached 10y
the committee The committee was IN
sson about 2ls hours at both scssiona.
After the argument last night a short
executive session was held.
The news & observer., 1901-03-07
Review of Decisions in the
0hice-Holding Cases.
A DEFENCE OF HoKE VS.. HENDERSON
Their Actual Answers to the Charges
Consist in Confessions and Pro-
testations and Eloquent
Special Pleadings.

Yesterday as the steel-blue hands on
the white round face of the Senate
clock folded themselves together over
the XII. mark the president an
nouneed:
THE hour for convening the High
Court of Impeachment has arrived. The
Sergeant at Arms Will make his procla-
nation"
An intense silence fell upon Senate
and lobbies and galleries, so that the
words Of the proclamation seemed en-
tireIy unnecessary:
20 yes. . yes, all persons are COM
manded TO keep silence on pain Of i'm
prisonment while the Senate of North
Carolina is sitting for the trial of inn
pcachment of David NJ Furches, Chief
Justice, and Robert M. Douglas. Asso-
ciate Justice, of the Supreme court of
North Carolina
Every Senator was in his seat The
lobbies were packed with men. while
women rhronged the galleries-all anx-
trial. which is of coilrse, exciting un-
usual interest in the minds of people
everywhere. Among the visitors present
We're State officers. eX-Statc officers
prominent attorneys and politicians
from various parts of the State.
The gallery assigned TO the colored
people was also. for the first time this
session, occupied by large number of
negroes. attracted there by their inter-
est in the trial.
Mir. President" continued the voice
C. the Sergeant-at-A Arms, Immediately
after the proclamation. the Board of
Managers for the House are present
Invite them forward, responded the
president
They came in two by two. headed by
Chairman Allen, and followed by their
attorneys When they had taken seats
arranged for them on the left of the
presidents desk, Senator London arose
and said:
Mr.. President. | move that the door
keeper notify the respondents and their
counsel that the Senate is ready to pro-
ceed With the trial"
The motion prevailed ana the Ser
Eeant-atArms announced the respond
ents end their counsel.
They came forward. Chief Justice
Furches and Justice Douglas came first
They We're dressed in closelx b,t+opod
Prince Alberts. The Cbiaf I,,et;oa 80,
ried his tail silk hat in bis ,i.~b, ho,,a
and his overcoat ON his left an, Tn,lers !!
Douglas hands hing unapc,n,rora5 |
by his side. The1. took coats in nc
middle aisle. facing inc essf--in aosv
high backed chairs, broueht from ~
Supreme court room for tban, TN |
Chief Justice leaned back cop,forta,,1,r
crossed his legs and laid his o,.a,.,'e,.'.
carelesslv across his Ian Indoa Te,,e oo'
las set erect with hands folded
Their attorneys sat near them and -
their left on tbe right eide or tha @mu - -
ao,,t,a -. " 'ie presi- /
President Turner. "The co,,rt .,, |
come to order
The Sergeant-at-Arms co,n,nor1,,. !
order in CONT
Senator Arrington n,o,,ed t,,o. CO.
tors Webh LII .nd cnai.r,,t i.,a
were absent whom tI,e ro,,,.t vas ,,,.,,o,,
i2cd be sworn il, Tna motion nraTaiI-
ed. the Senator's came forward and took
the oath.
Here Judge Alien chairman of tbe
Board of Managers. said:
The news & observer., 1901-03-07

Judge Mcneil, of Lumberton; Sheriff
Wright and Mr.. W. l.. Henson, of Rock
ingham: Mr. ]. p. Kerr, OF the Asheville
Citizen; Mr. G. A. Webb. of Asheyille
mar were among the visitors 10 the city
Yesterday.
The news & observer., 1901-03-07
THEOPHILUS WHITE V. H. W. AVER
State Auditor and W. II. WORTH. State
Treasurer decided May %, t900.)

State Auditor, and W. II. WORTH. State
Treasurer. decided May %, t900.)
~-~-----~-------
Controversy submitted without action,
under the Code, sections 567 and 56S,
to Starbuck, j.. holding the Superior
court of Perquimans county. and detor-
mined December 4, 1899
Upon the facts agreed, which are copied
into the opinion. his honor rendered the
following judgment:
This cause coming on TO be heard be-
fore Starbuck. j.. upon the facts agreed,
1t appears that The Supreme Court. IN
tie cause entitled state ex rel Tbeophi-
lus White v George H. Hill ct ell has
held that chapter 10. Public Laws OF
1892. Is void in 50 far as ii undertakes
TO appoint the persons therein named 10
the Offices Of shellfish commissioners
therein undertaken to be established, and
that chapter Is. Public Laws Of 1899,
Is void in so far as ii undertakes to re-
peal that part of chapter t3. Pubic
Laws of 1897 which created the office
Of Chief Inspector of Shellfsh. 10 which
office plaintiff was duly appointed.
The court is of the opinion that the
plaintiff is entitled to receive salary and
expenses as provided under chapter 13,
laws Of 1897, unless payment of the same
has been prohibited by chapter q. Pub
lie Laws of 1899 which directs that the
State Treasurer shall not pay any com.
oensation for services rendered concern
ing The shcllfsh industry unless such par
sons are authorized to render such SER
vices under the provisions of chapter 10,
Laws Of 1899.
1t is manifest that the General As
scmbly. by cpacting said chapter q, diG
not intend that the Chief Inspector
should perform the duties of his office
without compensation therefor
II is equally manifest that sad chapter
was enacted upon--apd would not have
been enacted upon but fer the assulnp-
ton that by chapter Is The office OF Chief
Inspector had been abolished and THAI
by chapter 10 the persons named therein
had been appointed TO the Offices OF shell
ish commissioners.
The court is therefore of opinion that
said cfarter 81 IS dependent upor and
falls with those parts OF chapters IS and
70 which have been held TO be void
II further appears that said chapter -,
Laws OF 1899. which provided for the
appointment Of seven persons as shelliisil
commissioners further provides THAI
each OF sail commissioners shall receive
is conpcneation tho sum Of 500 per
The news & observer., 1901-03-07
JUDGES FILE THEIR ANSWER.
1t Consists in Great Part of Their Opinions in
the White Case and Quotations From
Other Authorities.
DENY THAT POLITICS INFLUENCED THEM

court adjourned to meet again at noon
on Friday, when the Managers and
their attorneys may file if they so de-
sire, replication to the answer
The answer of David NJ. Furches, now
Chief Justice and late Associate Justice
OF the Supreme court of North Caro-
lima, and Robert NJ. Douglas, Associate
Justice, to the Articles of Impeach
ment exhibited against them by the
House of Representatives OF the State
of North Carolina.
These respondents, saving TO them
selves all exceptions whatsoever to the
said articles, or any Of them. ana the
charges therein contained, answer and
sag:
ANSWER TO ARTICLE T.
That these respondents admit that Oh
the 1fth of October 1900, they were
Associate Justices OF the Supreme Court
of North Carolina and that William T.
Faircloth the other member OF the said
Supreme Court of North Carolina re-
ferred to in said article as now deceased
and as then eoncurring in the wrongful
acts charged in said article, was Chief
Justice OF said court. The respondents
further admit that the writs of man
damus set out in said article were issued
by the clerk and served by the marshal
OF the said court at the time alleged in
the said article, under the circunlsi snces
hereinafter set forth The respondents
have no personal knowledge of the issu-
ance OF the warrant by the Auditor and
OF the payment thereof by the Treas
urer, but have been informed and be-
lieve, that such warrant was issued and
paid. but when and under what circum-
stances. the respondents have no knowl-
edge; that the writs OF nlandSnlus set
ont iii said article We're issued by tho
clerk Of the Supreme Court in accord
ance with the judgment entered in ac-
cordance with the opinion of the said
court. filed May %. 1eG0. in the case.
OF Theophilus White against II. w.
Aver. State Auditor, and W. H. Worth,
State Treasurer; and respondents al the
time the writs were issued by the CLERK
believed. and still believe that It was
the duty of the clerk to issue the same
in accordance with the Judgment anG
opinion Of the court. which had been
heretofore filed
IN order to show more fully to this
honorable court the reasons which moved
these respondents and the majority Of The
Supreme Court Of North Carolina To
authc~'-- o"d direct tho issuance OF the
said writs. these respondents respectful
ly refer to the opinion of the court writ
ten by the Respondent Furches in the
said case Of Theophilus White against
II. W. AVER. State Auditor and w II
Worth, State Treasurer. TO the concur
ring opinion of the Respondent Douglas
and to the facts agreed and the judgment
therein, and pray that the same, or Sc
much thereof as relates TO this cause
be taken rs part of this answer: She
said opinions, facts agreed and judgment
being rs follows:
The news & observer., 1901-03-07
Nj L Y. Montague Dead.

Especial to the News and Obscrvero.
Winston Salem n. c., March 81.
Y. Montague, real estate agent, died Ak
the hospital here last night. Ho was
son OF the late Or. Henry w. Montague
OF Wake Forest. and brother ~ B. T..
Montague, oi Raleigh. He graduated at
Wake Forest College at The agc of
Gfteen. He leaves an estete worth -ev-
cral thousand dollars
The news & observer., 1901-03-07
British Arrest a Dutch Preacher.
INV the Associated Press

(By the Associated Press.)
Cradock, Cape Colony. Monday March
ith.-The British today arrested the Rev.
MIR. Revnecke. a minister of the Dutch
Reformed church. under martial law.
The news & observer., 1901-03-07

annun.''
II is manifest that by said provision
the General Assembly did not intend &c
Increase the salary of the Chief Inspoc-
tor to $500 or to diminish it 10 $tGe
but to provide compensation fer the
seven commissioners undertaken TO be
appointed.
The court is of opinion that said pro-
vision as to compensation cannot be con-
strued as mandatory to chapter 13, Laws
Of 1897. but is dependent upon and falls
with the void provision as TO the a9-
pointment Of shcllGsh commissioners
II is hereupon adjudged that plaintiff;
is entitled TO receive salary of $75 per
month and actual travelling expenses,
as provided under chapter IS. Public
Laws of 1897. from March Is 1899 NJ.
TO the present time; and il is further
ordered and adiudged that mandamus
issue directed TO IL. w. Aver. the State
Auditor. commanding him to issue 6
warrant for the amount due the plaintiff
under chapter 13. Public Laws of 1851.
and that mandamus issue directed to
w. H. Worth, state Treasurer, con-
mandng him 10 pay TO plaintiff said
amount.
IT, IL SlARBOCk.
Judge Presiding First Judicial Dist.
To the foregoing judgment The defend
ant excepted Exception overruled APP
peal prayed by defendants. Notice
waived. Appeal bond adjudged unnece3
sary. The controversy without actor,
ard the Judgment to constitute the case
on appeal.
T. c. L. HARRIS
Attorney for Plaintiff.
r. II. BUSBEE.
Attorney for Defendants
December 4, 1899,
Messrs. f. II. Bu5bee and Cook &: Green.
for appellants.
Mr. j. c. l.. Harris, for appellee
turches. J.--This is a controversy with
out -.etion under sections 567 and 56S OF
the Code. The facts agreed upon which
tho judgment of the court is asked are
as follows:
The General Assembly Of North Caro-
lima, in 1897. passed an act to provide for
and promote the oyster industry of North
Carolina. ratified February %. 1897 be-
ip- chapter IS of the Laws of 1897. This
act is made a part of the case.
That on the 2Sd day of February 1897,
the plaintiff was duly appointed by the
Governor of North Carolina. under tac
provisions of said act, Chief Inspector
for the institutional term Of -four years.
and was duly commissioned as such.
AMI vas in6uctcd into said office and
Continued on Second Rage)
The news & observer., 1901-03-07

Isaac r. Harris. eraduata student in
the Department Of ChemisG.r AZ the
University OF North Carolina. has re-
ceived an appointment as assistant
chemist in the Connecticut Sriculturat
Experiment Station at New Haven. Mr..
Harris enters uoon his duties there
March 11th.
Regular conclave of Raleigh Comman-
dery. No. 4 X. r.. viii be held this
Thursday evening at o'clock. All
Sir Knights cordially invited Please
attend promptly.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-06
FESTIVAL PLANS.
The Lis, Of the Brilliant Artists Who Will Come
to Maine. Next October.

Tho Maine Festival Association is
composed of prominent men. with the
Eastern Division ii Bangor, Hon. F. ..
Hcal president; and the Western Diyi-
sion in Portland Edward \. Noyes.
president. These committees are de
sirous to make this festival. which
marks the Fifth Annual Festival i'll
Maine. as we'll rs the Twentieth Cen
fury Festival. an occasion Of more
than ordinary interest and Importance.
They have therefore consulted with
Mr. Chapman to whose indomitable
energy. iron nerve ana will these
festivals owe their existence and sue
cess: and have selected artists Of the
greatest popularity and ability. Al
though some Of them have already
been heard in these festivals. they have
proved such powerful attractions that
a rc-enga cement was most earnestly
desired by chorus and public.
Mr.. Chapman has so far perfected
his arrangements with the Manchester
and burlington Festival committees,
that the same artists VIII appear IN
these cities; and thus he has been able
to engage a most brilliant and attrac-
tive list of great artists. when VIII IN
sure special attractions for every con-
cert. This has only been accomplished
after months of negotiation TO induce
some of these artists to return early
this fall for these festivals.
Madame Suzanne Adams. the new
and charming prima donna Of the
| Grau Opera 90. will make her first
| appearance in Maine.
| Madame Maconda. the favoritc
! colorature soprano. returns with new
laurels from other cities, to again de
| light her Maine friends.
| Madame SchumannH eink. the in
imitabIe glorious queen of song, with
the marvellous compass OF voice and
g,acio,I, presence will be the star at
traction of the opera night.
Mrs. Jennie King MorI ison, the cha' M
ing Maine contralto. will be heard IN
Portland. by the request of many
| friends.
Miss Isabelle Bouton has strong,
,icb contralto voice and has made u
r,cat success in oratoric roles and
festival work. She was member or
tha Grau Opera Co. last season, ana
tho leading cOntraito Of the Boston
Festival orchestra. she WIN make her
tirst annearance in Maine at these fcs-
tivals.
willis e. Racheller. the tenor. is a
Maine man. His voice IS particularly
tr,,c and pleasing in quality He uses
i, artistically and ranks amcng the
hcet Of American tenors.
S;gnor Campanari whose place on tha
CONCERT stage no ere can ever hope &c
,ival will again thrill and arouse his
Guidance to TIE extreme OF en-
thusiastic applause.
Cwi,ym Miles. the baritone who
made many friends at The first festival
,n1 hes since met with phenomena
srccesS all over the country. Will sing
Tho baritone solos in the Redemption
role which he filled most adj
-rablv in Boston 1T Easter.
Miss Anna r. Often is most tai
a,,ed and accomplished violnist
ran,ing with Maud Powell. among the
a,e,t soloists. She has broad
.,,ar,n tone. most finished technique
.nd unusually good STYLE Of bowling
Clio is a graceful. beautiful girl.
"a NJ, chapman is justly proud thi.
,con Of the chorus which in boil
eactions has largely increased in mum
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-06
CONCERT NEXT TUESDAY EVENING.
Program by Augusta Chorus in the congrega.
tionai Church.

Tha attention of the public is called to
a concert which is to be given next
Tuesday evening. May 1th. in the Con
gregational church by the Augusta
chorus The admission has been placed
al % cents ana everything has been
done that could be done to make the
program attractive. Special attention
is called to tie first number on the pro-
cram-thc chorus work in The Re
iemption" This work is a lyrical set
ting forth Of the three great facts on
which depends the existence of the
Christian church. These facts are: l.
The passion and the death of the Saw
inur p His glorious life on earth
from His resurrection to His ascension.
Z. The spread Of Christianity III the
world through the mission of the
apostles These three parts of the pres
ent trioloey are preceded by a prologue
on the creation. the fail Of our first
parents. and the promise of Re
deemer.
The rest Of the program will consist
Of miscellaneous numbers by the
chorus. assisted by some of our local
artists. The Cecilia Club, a ladies'
quartet, and Mr.. l.. r. Cain
The work Of the chorus is of great
value in our community and especially
to the churches. 1t should be recog-
nized and assisted in every way. The
prcceeGs of this concert are to be used
10 defray the expenses of rehearsals
which are held every week under an
ablc conductor. TIE program Will be
printed in fun in tomorrow's issue.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-06
REGULAR CYCLONE
Sweeps Through Electric Car Endan-
- gaing Life and Limb Of Inmates.
|AI1kaad a Multitude Of Parcels St;rs Up
(trsSs Much Excitement.

What a funny lot Of things one sees
in this busy world of ours if we only
keep our eyes OPEN. said a friend 10
q Journal reporter. the other day.
why. only last week | was squander-
ing my hard earned money riding on
an electric car-neVer mind where. the
{ me and place are not essential TO the
thread of my discourse. / had paid the
hichWayman who collected the fares
every times the wheels turned round.
We had bumped and stopped at every
ones back door when a lady came on
board. She had evidently struck bar
gain counter mark down or Rum
maya sale somewhere in her travels.
for she had small dump cart full OF
parcels.
Every scat was taken and the aisles
wore hacked full. A gentleman offered
hcr 4 seat. but no. she preferred 10
stand. Her arms were full so she could
not grasp the strap overhead. but
trusted to luck. When the car started
she started toward the forward en-
| trance like a Harvard cane rush or q
| f, at ball kick oft. We who We're stand
ling tried to escape, but she Went
through the car like a religious excite
1
W hen the car stopped she came pa'h
toward the rear like n battering ram
lsveepinc all before her. Like the hlhe-
| hin game If was all down but the boy.
| + am not much Of foot ball player
bu; think 7 must have played very
| GOOD half back. while she was the hiost
| heoutif,;, tackle you ever saw. Nothing
could hold he". She rushed every NM
| before her like a tidal wave ana III
| frot baIl variance she broke down our
Guard swept our right and ieIt eiiua
AIT If sight and wound UP with seNerai
| touchdCWnS.
| some who were not in the game
rather enjoyed it. but it was h.'.e
roo swift for me. The motornan III ~
lswcar proof cage and the oohductoi
hind his plate glass barricade seei'itu
ia think il actually funny. but we WIZ
were lodging for our lives falled 10 Sc
inst where the joke came in. me =.
had cot a little monotonous anu -
same when she executed grahu me-
tar stroke by caroming on 'ooil :.
midway down the aisle and tHeh -
lcut tho rear door into the coiu
We all breathed n prayer OF Una :.
noec Mt our miraculous escape
Iast seen she was flying up the -
n, the wrong side of the walk spi
mo disaster and destruction III
wake while the balmy air was ~
hundIes of all kinds and sizes lioi''
ncner of pins to bale of nay.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-06

r.eaiily ana economical IN it, wo,,-i,ss
- VIII save al least 500 a year !, thn
ei'S over the old battery system xh;rb
was almost impossible TO keco in
me switches. meters. etc. ar, n,ace1
~ siap of slate about az feet !,
lensth and feet in height. ana the
iioie thinS is mounted on q nicely
tainted stand and shows off finely.
"e'e are sets of double throw
sMi'ches on the board 50 that one set
" oa.'eFiei may be used While the
other IS being charged. The voltmatar
Ieaos to $50 volts and the amneter to
a'ipefe In charging the batteries
are charged with . arnperc current.
me batteries are charged from The
wires OF the kennebec Light and Heat
20. from 500-volt current, and as an
t'e current that is needed to charge
me batteries IS 100 volts to take IN this
extra current &c lamps are arranged.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-06

bers and enthusiasm. Excellent work
has been done this winter in all places:
the number of singers has increased
and several new choruSeS have been
formed. 1t is safe to count on an ad-
dition Of three hundred more singers in
each division. a new stage will he
built for the Portland Festical from
plans drawn BY T. Q. Tompson. the
architect.
The Maine Symphony orchestra will
also he a great feature at this festival.
as the members have rehearsed to-
gether this winter and Will be able to
render elaborate and finished perform
nnces Of several great compositions.
The music for this festival is of the
highest order Of merit and includes the
Redemption" of Gounod. Hymn of
Praise" by Mendelssohn. operate Sc
lcctons and score Of numbers.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-06

shut down ard the batteries wo,,a 49,,
es erythiug on the line till thoy w.,
exhausted, but this arrangement 49,,
matically Gisconnects them whom ~
plant is shut down, thus preventing mn.
waste of power. A rheostate a,Ioys ~
operator of the machine to set the M
chine so that it vii! take anv ,-i,.a,
amount of current desired
The output Of electricity on tha r.;ro,.
is controlled by double throw,
switch and rheostat which keans ~ :
current even at all times. The voIt-
meter and amlneter are much moro IT,
curate than the old style galveron,ata
and leave no guessWork about the ~,
chine. Only about so mlliampcres ~.
required on the wires.
There are so cells in the battery II
Gated in a neat rack. Forty Of thaso
are in use on the lines While the otho,
40 are being charged. These 40 vii,
run the system FOR two days wjtho-,t
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-06
The Rummage Sale.

The Eummage sale will not be open,
today. but this evening. at I O'Clock
everything left. Saturday night. VIII be
sold at auction. There are large
number of valuable articles left, and
now Won can buy them at your own
price. The prices have been low be-
fore. but now the purchaser. will make
the prices. BE sure to attend for IL
vii, be well worth your while. While a
large amount has been realized for the
now steriiizer more money is needed
N not forget the time nor the place
ard he sure to take your pocket
book.