The news & observer., 1905-10-24
TO ADVANCE CASE
Hon. R. w. Winston Be-
fore Supreme Court.
The Case is That of Ernest Gate.
Wood Under In IiC,ment for ViOIat-
ing the Brokerage Law of North
Carolina.
Especial to News and ObserverD

Especial to News and Observer)
Washington, ID. c., oct. 23.-Hon.
Robert w. Winston was admitted to
practice before the Supreme Court of
the United States today, and later
made a motion before the court to
advance the hearing of the case en-
titled Ernest GateWood VS.. State of
North Carolina on appeal from the Su-
prcme Court of that State.
Mr. Winston in stating the case says
that GatewoOd is operating an office
in Roxboro. n. c., for the purpose of
carrying on the business of entering
into contract to sell and deliver stocks
bonds. etc, for future delivery.
on 18th of last April he received an
order to purchase a hundred bales of
cotton for future delivery, the pur-
chaser depositing with him by way of
margin. fifty dollars, to cover f1uctuat-
tions in price of cotton. Settlement
was made on the difference between
value of cotton on that date and date
of delivery. GateWOOd also posted in
his office bulletins showing fluctua-
tons in prices of grain and other such
commodities. All of these things the
courts of North Carolina have held to
be in violation of the brokerage law
enacted by the Legislature last winter
and which went into force immediate
ly on its rattisfication, March 9Th.
Gatewood is, therefore, under ndict-
ment and conviction for violating
chapter 53S, laws 1905.
In the original case, a special ver-
dict was found by the jury, fine was
entered by the trial court against
Gatewood and the judgment of trial
court was affirmed in appeal to the
State Court.
Mr. Winston's Contention.
In stating to the United States Su-
preme Court today his reasons for
application to advance the hearing of
this case, Mr. Winston said that this
is a criminal action and Gatewood has
been sentenced to pay fine for violat-
ing an act of the general assembly of
North Carolina which he contends is
| violation of section | of the 14th
amendment to the Constitution of the
United States.
Mr.. Winston told the court that the
opinion of the State Supreme Court in
apholding, the coHstitutionajity OF. the
State fttW against Brokers and stock
dealers had closed out all such offices
at Raleigh, Greensboro, Wilmington,
AshevilIe, Durham, and other towns
and cities in the State, and that it is
a matter of State interest and import
ance affecting at least a score of finan-
cial institutions.
Attorneys for GateWood are Messrs.
Robert Winston and Victor S. Bryant.
Mr. Winston stated later that Attor
ncy-General Gilmer had united with
him in asking for an early hearing of
the case
The ground on which it is proposed
to base the charge of unconstitu-
tionality of this act is that
Section vitates the entire act,
it being inconsistent with the
Constitution of the United States
by reason of the fact that it declares
that this act shall not be construed
SO as to apply to any person, firm,
corporation or his or their agent en-
gagged in the business of manufacture
ing or wholesale merchandising in. the
purchase or sale of the necessary com
modites required in the ordinary
course of their business Also that
the presumptions created in the act
are within the prohibition against the
deprivation of property without due
process of law"
The Supreme Court will make an
SWcr to the request to advance tbs case
on Mondav October so.
If the application is granted the case
will probably be heard in about sixty
days, otherwise, owing to the number
of cases on the Supreme Court docket,
it may not be heard for more than a
year.
Hon Spencer Blackburn of the
Eighth Congressional District is here,
and visited the Postoffice Department
today in regard to some minor offices
in his district it was saidthere. Ira n.
Dorset is with him.
Star service with box delivery and
collection has been ordered by Post
masterGeneral from Kinnon to Fay
etteville to begin November 1st Peter
Y. Hubbard, carrier.
No mail will be distributed from
POusvillc after October 81. Mail
should be sent to Louisburg whence it
will be distributed by rural free deliv-
cry carriers.
Private Car Case Lines.
The determined attitude" of the In
ter-State Commerce Commission at
the hearings of private car line cases
here last week have renewed the hopes
of friends of radical freight legisla-
ton.
Their interest now centers in meet
ing of Interstate Commerce Commits
sion law convention. to be held in chi
cago this week, which, it is said the
railroads are trying to capture.
The Esch-ToWnsend program is the
plan promoters of the Chicago con-
vention wish to have adopted.
The re-affirmation by the president
of his railroad policy has given the
radical crowd renewed courage, and
his Raleigh speech will be used Tor all
it is worth in Chicago next Thursday'
The Presidents declarations at Rai.
eigh are considered here as the formal
opening of the fight which was suS-
pended when the EschTownsend bill
was put to sleep in the Senate.
The friends of the radical movement
are confident it, is said, of the success
full outcome of their contest IN the
convention at Chicago
Mrs. John Farlow Buried