The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-24
Supreme Court Makes
Clean SWeap of Futures.
WHITES GO TO PEN
Two Men Sentenced to Death For AS.
sauIt Fail to Get New Trials
Resume of Supreme Court De-
cisiOns Yesterday, Court Prob.
ably Adjourns Saturday.

By an able and exhaustive opinion
filed by the Chief Justice yesterday ir
the case of State VS.. McGinnis, the SUI
preme Court unanimously upheld the
Woodland bill, aimed at bucket shops
and the practice of dealing in futures,
as constitutional.
In arriving at this result the court
took the ground that section seven OF
the act-that which provided that
none of the provisions of the SAME
should operate to prevent any man
ufacturer or wholesale dealer from
buying or selling contracts for future
delivery i'm the ordinary course of mis-
busineSS-Was in its wording and eff
feet mere surplusage, incorporated in
he act out of an over-abundance of
aution and that there was nothing
iu such section which created any dis
animation or endowed any person
With any right or privilege whatso-
ever that could not be enjoyed by any
citizen.
To emphasize this view was the fur
Their decision in the case of State VS..
Clayton, from Person where the de-
tense was that the purchase of the
future option on margin was made by
q wholesale dealer in pork and fell
under the exception and exemption OF
the section above referred to. which
had been added to the Woodland bill
before its final passage. This, said the
court, was likewise illegal, so that TAX
ing the decision together, the opinions
filed yesterday cut two ways.
As the law of the State now stands,
it is illegal and miSdemeanor for one
to open a place where quotations are
furnished-or rather that is prima
facie evidence of guilt; and to sell to
any person, manufacturer or other
wise, an option for future delivery
when the actual delivery of the goods
is not contemplated is also illegal and
a miSdemeanor, as it is, also, to buy
such an option.
Prevents Mills Hedgings.
The effect of this is to cut off the
practice of mills hedging on pur-
chases within the State, the court par
ticularly holding that the section OF the
Woodland bill relied on by the defend
ant as a discrimination which would
operate to void the act under the four
? teenth amendment of the United
States, did not Al intent or in words
seek TO create such a class privilege
Whites Sentence Stand.
The famous case of the Whites, j.
II. and >Ghafmers, or Rowan, who shot
down young Russell Sheriff. on the
front porch of his mothers house
against the defendants and in favor
of the State, the conviction against
them of murder in the second degree
and their sentence to the penitentiary
for six years being thereby affirmed.
Sheriff., it will be remembered, was
accused by the Whites of being the Sc
Queer of their niece. Armed, they
went to the house and demanded that
he marry the woman at once. Sheriff.
demurred and was killed instantly.
Both of the Whites fired and the only
defense put up was that Sheriff. had
started towards one of the brothers rs
though to strike with his fist, in which
he appeared to hold something. Sher-
hill was unarmed and had nothing in
his hand. In discussing the case. the
Supreme Court said in the opinion
that the least crime disclosed by the
whole evidence was murder in the sec
ond degree.
Two Rapists to Hang.
Two men convicted of rape from
Madison county and sentenced to die