The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-09

of Senator Simmons.
Teachey to Hang AIso.--Davis Gets a
New Trial---The Work of Yes
terday in the Supreme
Court.
The Supreme. Court yesterday handed
down number of impartant opinions.
Among these was one which affirms the
lower court, in which the negro, Alfred
Daniels was sentenced to be hanged for
the murder OF the father Of Senator Sim
mons. and another affirms the sentence
to death of Dan Teachey, convicted of the
murder of r. w. Rivenbark IN Duplin
County The fullest of opinions handed
down is Edwards VS. Atlantic Coast Line
Railroad, from Wilson, the court being
evenly divided. the judgment below is
affirmed-Connor. j., having been or
counsel and taking no part in the decision
Creasler VS.. Ashevillc; error
Riley VS.. Poletier, from Lcnoir; error.
State VS.. Daniels, from Jones; no error
State VS.. Davis. from Lenoir; no error
Hauser VS.. Craft. from Forsythe no
error.
State VS.. Teachey, from Duplin; new
trial.
Duval VS.. Railroad. from Jones; new
trial
State VS.. Edwards, from Craven;
affirmed
Outland VS.. Railroad, from Northamp-
ton: no error.
Brown VS.. Stewart. from Beaufort; no
error.
Paul VS.. Washington, from Beaufort;
no error
Jones VS.. Warren. from Chowan; no
error.
Williams VS.. Williams, from Duplin, per
curiam; affirmed.
State VS.. Clenny, Attorney General con-
ceded that there was error and cours
awarded a new trial.
The cases from the Sixth District ar
gued yesterday were:
Humphrey VS.. Robinson, by Dortch and
Monroe for plaintiff; Woodland and Daniels
for defendant.
Isler VS.. Brock. by Battle & Mordecai
for plaintiff; Stevens, Beasley Weeks
for defendant
Smith VS.. Hamilton, by Munroe and
Daniels for plaintiff; H. L. Stevens for
defendant.
Bowen VS.. Telegraph Company; appeal
withdrawn.
Wilson VS.. Green, by Busbee G. Busbee,
Battle & Mordecai, Peele & Maynard for
plaintiff; Armistead Jones s, Son, B. NJ.
Calling. Argo & Shaffer and w. l.. Wat
son for defendant. The argument in this
case will be resumed this morning.
Seventh District appeals will be called
next Tuesday. March Is, as follows:
State VS.. Mum.
Lewis VS.. Devane.
Kelly VS.. Johnson.
Hughes VS.. Fayetteville.
Tew VS.. Young.
Kelly VS.. Johnson civilians interplead-
er, appeal)
Gibson VS.. Mcqueen.
Opinions were handed down as follows:
AN IMPORTANT DECISION.
In the case of Paul, appellant, VS.. the
Town of Washington. the finding of the
lower court was held not to be oppressive
and unreasonable.
This opinion holds that the validity of a
town ordinance can not be tested by an
injunction, and a syllabus of the opinion
of Justice Montgomery prepared by Mr..
Joseph L. Seawell, is OF much interest.
It follows:
Where municipal corporation is vested
with authority III its charter to regulate,
control, tax. license or prevent the sale
OF spirituous Guors within its limits, the
courts have power to decide whether its
ordinances regulating the sale of spiritu-
Gus liquors are oppressive, vexatlous or
unreasonable.
Liquor being regarded as an evil in it.
self and an enemy of civilization the
courts, IN passing upon the validity OF
laws regulating or restricting its sale,
will not be guided by the rule applicable
to restrictions upon business which is
useful or beneficial 10 mankind.
The Town OF Washington. being vested
with authority in its charter to regulate,
control or prohibit the sale of spirituous
liquor in its limits, passed ordinances pro-
hibiting storm dooms, partitions, screens,
blinds and stained glass doors in all sa-
Icons and providing that the front doors
thereof should be glass Danelled, one
glass to the shutter, the bottom panel
not more than four feet from the level
or the sidewalk, the glass to be kept clean
of dirt and specks; that no counter in
any saloon should be more than eighty
feet from the front door. and that all
liquor should be served and drank at the
counter; that there should be no back
door, side door, trap door, elevator or
stairway to or exit from a saloon ex-
cept for use by the employees thereof,
and that every saloon should keep gas
or electric light burning over its door
every night, and that no saloon should be
entered, opened, kept open or occupied
by any person from eight o'clock Saturday
night TIL SIX O'Clock Monday morning and
prohibiting billiard tables, ten pin alleys
gaming tables and all games in any sa-
loon or room connected Herewith, also
restaurant or eating house in connection
herewith, and prohibiting the giving away
or selling OF any food in any saloon or
room connected herewith and imposing
a fine of $50 for a violation of any Of
these ordinances, each day the violation
was continued to constitute separate
offense and work a forfeiture Of license TO
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