The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-04-07
THE SOUTH DAKOTA JUDGMENT
STATEMENT BY GOV. GLENN RE-
GARDING IT'S SETTLEMENT
Loans to the Hall OF History-Intcr-
estiug Query Concerning One of the
Returned Battle FTags-Smallp X
Scattered Over the County.
Messenger Bureau.
Raleigh, n. c., April 5.

A2Ioo\-S@A
Raleigh, n. C., April 5.
At the Hall of History two paintings
OF interest have been received, both
as loans from Miss Jessica Smith, OF
Henderson, one being of Old Fort, IA
leigh, as it now appears, and the otn-
er that of the Bennett House. near
Durham, in which General Joseph E
Johnston surrendered to General Sher-
man.
At the state arsenal 1,400 khaki sum
mer shirts for the second and third
regiments of the National GuarAshave
been received and will o o be issued.
The first regiment vas supplied with
these shirts last summer before it
went into the manoeuvers at Manas-
sas.
Governor Glenn will return to NOR
row morning from Winston, where he
has been for a day or two. The gov
ernor has given out an interesting
statement regarding the South Dakota
judgment, covering the facts. Ate"
the adjournment OF the Legislature, he
and Attorney General Gilmer went to
New York to see Wheeler H. Peckham,
attorney for South Dakota to see if a
settlement could be made of the judg-
mnt. Afr a fair and full discussion
of the case they settled it with him for
SIT, 500, and the cost of the action, all
this to be subjected, Of course, to the
approval Of South Dakota. Peckham
wired the governor of South Dakota
about the settlement and his endorse
menJ of it, requesting approval, but
the governor of that state declined to
approve, saying the constitution FOR
babe him to make any settlement Of a
judgment for less than it's face value.
Several letters and kilograms then
passed between the governor of this
state, Attorney Peckham and the gov
ernGr of South Dakota, but as no ar
Tangement could be made Governor
Glenn called together the council On
state, together with several prominent
citizens and after a thorough discus
sion deemed it best to pay the full set
tlemant rather than engage in further
litigation. Under the decision of the
United States Supreme court he felt
sure the chances were against the state
for the recovery of Sf7, 800, but did not
believe that any deficiency Judgment
would be rendered, yet being unwilling
tC do anything that might in any way
affect the credit and honor of this state
he preferred. with the advice Of those
he consulted, to pay the full judgment.
Considering the circumstances under
which South Dakota got possession OF
these bonds, and the subsequent action
of that state in the matter, the COVER
nov felt that he was fully warranted
in settling for less than the face value
of the iuds,r1ent, if it could possibly be
done without 1,..rther litigation, as in
his opinion South Dakota acted very
badly in the matter, the only excuse
so far given by that state tor its
coure, that it was "constitutionally
compelled to do what it did" There
is several satisfaction on the part Of
the bubble at the entire settlement OF
this matter.
Mention has been made Of the fact
OF the old flag staff, cut from the woods
on one of the flags Of the 18th reSl-
ment returned to North Carolina by
the war department, now in the HALL
of History. DR.. r. H. Holiday, OF
Clinton, who was color sergeant or
that regiment, writes your correspon-
dent a very interesting letter in
which he says: will you kindly cX-
anime the flag staff and the flag OF the
18th for ME. In the Seven Days fight
around Richmond l was color sergeant
until shot down on the field at FRA
Tiers Farm. Now [ will come TO the
point. A day Of two before the latter
fight we were ordered to advance
through a pine oak thicket, marching
by the right flank. The order was then
given by the left flank, guide center.
You know that meant dress on the
flag. We we're expecting to get into
action every moment and kept a close
lookout. Everything was still in front
of rs but the first thing we knew we
got it heavy from both the right and
left flank, the fire being very severe.
We were ordered to fall back. We
obeyed it and that rapidly. The wind
was blowing quite strongly, and as L
was on the run with the flag it caught
in a scrub oak. The harder | pulled
the faster it stuck. By this time the
regiment being some distance to the
rear [ remembered that Colonel COWan
said, when he gave the colors into my
hand, Never give up the flag 50 [
gave another hard tug with staff and
the latter pulled away from the nag,
leaving it in the tree. l threw the staff
down, seized the flag, got it, stuck it
into the breast of my coat, and lett In
a hurry, STOPPING low to avoid the very
heavy fire. When l regained the reg
iment l cut a pine saDling, tied the
flag to it and so | bore the flag until
| was wounded. So l want to know II
that is the flag of the old 18th, God
bless it."
The county physician says smallpox
is scattered over the county, being at
several mill settlements. There are
cases at the pest house and some cases
in the city under quarantine. He says
the only thing to be done is to vacci-
nate everybody and that the opposi-
ton to vaccination is so great it would
take the Japanese army to make ii