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THE NEWS OF NORFOLK ON PAGES 13.5& 6. ?-^_ The Wonderful Blue Quin Tree of Tasmania A GIANT AMONG TREES The Tasmanian Blue Gum Tree may well bo considered a plant among t.r.ics rising, ns it docs, to the height of 300 feet, inxl measuring. In many in stsuiccc*. forty f<vt In diameter. The leaves are of a. curious form unknown in this country. They are law. slcklo s'haped, of <i. smooiih. shining, blu'sh-greon color, thick niul leathery; Ilv holding the Itvif lo the 11mMl a number of Hill? bright spots can bo seen; these arc the glands in whloh "Hiyonioi" Is found. "In Tncmianta tih'lw treo called Hi" Fever Treso, as when plant*tl In marshy districts It des? troys t'he niats-m. It does this, first by emitting antiseptic odors from Its leaves, ti.twl by 'Its roots acting as a sponge nind absorbing tho waiter from t'he ground. Thousands of these young trees lmv?; been purchased by t?he English government and tramsplonted In India during the post live years, wlnsro they have almost completely neutralised th.> marshes. It ta from t:ho fresh green leaves of this wonderful tree that eoVcnco bus succeed? ed In obtaining. HYOMEI SOAP Tho FIRST and only one ever nmim l'uctuii^l without the use or fats, OUUliSi: and dangerous alkali Nothing Like It has ever been made before, and If It were grot for ihe beautiful creamy lather, one would doubt that n soap of any descrip? tion was being used. There is no soapy smell. No overpowering cerfumc. No smarting oi the skin re? sults from its use. Instead, the skin Is throughly cleaned and refreshed, every pore Is opened, and ALL Obstruction to perfect circulation removed. The skin soon becomes soft, smooth and entirely free from blemish. In fact, no troubles of any kind wirb tho skin can exist when llyomcl Soup is used daily. Try it once, and no other will ?vor be found among your toilet requisites. Sold by all Druggists Df J/^A or sent by mail. rl THE R. T. BOOTH CO., Ithaca, N. Y BRAMBLETON. The Inasmuch Circle of the Kin? Daughters will meet this nftcrnoon at | 8:30 o'clock with Mrs. J. N. Webster, No. -107 Park avenue. Miss Mary Lou Sawyer, of Elizabeth] City, N. C, is tho guest of her Uncle, Mr. K. R. Sawyer, No. 134 North Reser? voir avenue. There will be a sociable at MeKen dree M. E. Church to-night at So'clock for the members nnd friends of the church. An important meeting of the Board of Stewards of Trinity M, E. Church will be held at So'clnek to-night. Mrs. Sydney S. Wilkins nnd her son. Harold, of Philadelphia, are visiting I Mrs. D. C. Eldridgc, of No. 127 North | Revervolr avenue. A^special meeting of the Local Board of Improvement will be held to-mororw night, for the purpose of awarding bids 1 for the removal of street garbage. Willie, the. 3-year-old son of Mr. nnd Mrs. C. A. Russell, of Ferguson ave? nue, is 111 with acute Indigestion. ATLANTIC CiTY. The ladies of LeKies Memorinl M. E. Church are making preparations for a grand fair to he held in the ward bo ginning February nth nnd to Inst a week at least. It will be remembered that the fair held by them last year was limited In time originally to a week, but the entertainments present? ed and the pleasures enjoyed were so popular that the fair ran nearer two weeks thnn one. They are now engaged In getting up a week's program of entertainments, nnd expect this event to eclipse that given last year greatly. The children of the Loyal Temper? ance Legion will be specially entertain? ed this afternoon nt W. C. T. U. Hall by n magic lnntern exhihition. given by Mrs. Sheppard, nnd a large attendance Is very likely. There are mnny eases of grip at pres? ent in the ward, and a large number are suffering from severe colds. The regular mid-week services were held at all the churches last night, and were well attended. COURT DECISIONS. DIGESTED BY W. B. MARTIN. (Exclusively lor Vlrglnlan-Pllot.) Notes of Cases Recently Decided, Which are of Interest to Our People. POWELL V. SOUTHERN R. CO. Supreme Court of North Carolina. December 0, 1S90. WHAT FACTS SUFFICIENT TO SUBMIT THE QUESTION OF THE NEGLIGENCE OP A RAILROAD COMPANY TO THE JUBY. This was an action by an adminis? trator tor the death of hla-intestate, alleged to have been caused by a train of the defendant company and through its negligence. The plaintiff moved the court to withdraw the case from tho Jury on the ground that there was no evidence to sustain it, but tho court refused, and there was a Verdict and Judgment for tho plaintiff. The company ap? pealed. Tho court savs;_ Tho defendant contends: 1. That there was no evidence that the plaintiff's intestate was killed by defendant's train. There was no eye witness who saw the killing, but it was In evidence that the deceased was seen at a storo near the defendant's depot, In Morganton, at 0 o'clock at night, and again at G minutes past 12, and the next morning be was found lying dead 300 yards oast of tho depot, and between it and Campbell's crossing, nnd about 100 yards from the latter. Tho deceased was lying; on his back, and there was blood on the grass and weeds. His head wtts lying oast, bis feet west about three or four foot from the end of tho cross-ties. His clothes had dust j on them. lie had a wound on the back of bis head; his skull was crushed?_ wounds sufneiont to cause death. Pinners of right bond torn nnd right shoulder bruised. His bat was found between tho cross-ties nnd had grease on It, and looked like It hnd been run over by?the wheel. There was no sign of_ scuffling on tho ground. Tho In? testate's usual way homo was along the railroad track from tho depot to Campbell's crossing. When seen that night nt ft o'clock, near tho depot, he wns thought to bo sober, but had had a drum, lie drank whiskey and was In the habit of getting drunk. The defen? dant's freight train passed that night hot ween 1 and 2 o'clock, going cast. Certainly there was more than n scin? tilla of evidence going to show that the deceased was knocked off tho track and killed by tho train, and tho determina? tion of the fact was properly left to the jury. 2. The defendant contends there was no evidence of negligence. Tt was in evidence that it wns a moonlight night when tho deeeas'-d wns killed; I hat the freight train which passed going oast between 1 and 2 o'clock that night was a heavy train, running twenly-llvo to thirty miles an hour; that the engineer on said train neither sounded tho whis? tle for the station, which was :100 yards west of tho spot where tho deceased was killed, nor for Campbell's crossing, which was 100 or more yards east of tho uolnt, nor for tho other (the tan? nery) crossing in tho town within the corporate limits of which tho deceased wns killed,?it being stated that ho never sounded it nt all; that tho said town has a population of 2.">00 or 3,000; that the hulk of a man could have been discerned 200 yards away at 2 o'clock that niffht; that no other cnslbound train passed that night: that it wns probable that the light of tho headlight would light up tho point whore the in? testate was struck,so that the engineer on tho right side of tho engine might, with a proper lookout, have seen the man, who was sitting or lying down on the right side edge of tho track, judg? ing from his being found on that side. There was evidence in rebuttal of part of the above, but upon the conflict of evidence^ the Jury are to decide. Upon iiif above (here was su (Heien t evidence to submit tho case to tho jury upon the issue as to noglignce. AHirmcd. HENDERSON & CO. VS. U. S. NA? TIONAL BANK. Supremo Court of Nebraska. November 23, 1S03. A BANK IS NOT OBLIGED TO PAY A CHECK FOR A SUM GREATERI THAN THE AMOUNT IT HAS TO | THE CREDIT OF THE DRAWER. SUCH CHECK DOKK NOT TRANS? FER THE ACTUAL AMOUNT TO | DRAWERS' CREDIT. The question involved In this case was whether, if a depositor drew on a bank a check for more than ho hnd to his credit the bunk was bound to pay on it the sum which ho had there, al? though less thnn the check called for. The lower court gave judgment tor the defendant and the plaintiff appealed. Tho court says: In the case at bar tho amount on deposit was less than the amount of the check, and the chock being for a sum greater than, stood to tho credit of the drawer, tho bank was under no j obligation to pay tho chock, or to make the. partial payment. The check was not operative as an assignment, since the funds were not present to nice It. The hnnk was not obligated to pay It, in whole or in part, and It did not transfer the fund. AHlrmed. A Bonnot Party. On next Tuesday evening, at the resi? dence of Miss Daisy Cotton, No. 1 Ar? lington Place, there will be a "Bonnot Party," given by the Indies of Spurgeon Memorial Baptist Church. Music nnd games will be the features of tho even? ing. Prizes will bo awarded to the gcTitioman for trimming tho best hat, and also a booby prize. Everybody is invited to attend. Refreshments will bo served. - _ A PLEASANT DUTY?"When 1 know anything worthy of nvomni? n.latton, 1 consider It my duty to tell It," says Rcy. Jas Murdock, of Hamsburg. Pa., "Dr. Agr.ows Oatarrhal Powder has cured me of Catarrh of live years standing. It Is eerwdnly mng:cal In Its effects. The first application benefited mo in live, minutes. I would not bo without U In tho bouse." Sold by it. 1^. Holmes.?17. SEAMRD LINES CONSOLIDATED Continued from Page I. and accepted by the clerk, tho defend? ants came by counsel before his honor tho judge, and entered a special ap? pearance, and moved to vacate said re? straining order, which was done; whereas, it was not competent for the judge then to vacate the same. In the absence of any pleadings or allldavlts or demurrur. "Second, That no defence was prop? erly brought before the court, and in the absence thereof. It was error to vacate the restraining order. "Third, That the restraining order having been granted, the motion to va? cate -the same could only bo granted when no case was made upon .the bill itsTFtf; whereas tho bill states a good and sudieient case in law and equity. "Fourth, That a good and sufficient enso b"ing stated by the bill Itself, it was error to refuse to grant the restraining order, upon the said hear? ing; no pleadings, affidavits or other written denials being filed. "Whereas. the sold complainant prays that the said order be reversed and that the said court may be dl rected to enter a decree correcting the errors hereinbefore cited." Tho appeal was allowed by Judge Pumell, and Ryan was required to file a bond In tho stun of $2,000. This is given In tho Fidelity nnd Deposit Com? pany of Maryland. DANVILLE'S NEW DEPOT. The Southern Railway's new passen? ger station at Danville is now practi? cally completed, and will be occupied probably about February 1st It Is a commodious, substantial and architec? turally attractive structlve structure, thoroughly equipped and ?conveniently arranged. The building is of rough hewn granite nnd white brick. . with terra cotta trimmings, and is sur? mounted by a tower and surrounded by umbrella sheds. The Southern now controls ntnl operates the old Atlantic nnd Danville line, which, with the Richmond and Danville Division, the main line, and Danville and Western, narrow gunge, run twenty trains a day to and from this station. REASONS FOR FIGHT. There are plenty of reasons why the Southern Railway should light the Seaboard's consolidation scheme. Here is one of them: It means a further Invasion of the Southern's territory by the Seaboard. It means that the Seaboard will go to Greensboro, und Greensboro is the vital point of the Southern's interest in North Carolina. "Do you contemplate any early ex? tension of your road'.'" I asked Mr. W. C Potty, president of the Carthage Road. "Yes," he said. "I may build on to Greensboro. It Is pretty certain that I will do so If tho Seaboard's consolida? tion plans are perfected. ? "Tho Seaboard, then, is back of the enterprise?" "Yes, the Seaboard Is anxious to pet to Greensboro, and this is perhaps about the h.?st way to get there. And it will be an Invaluable feeder to the main line, ns it opens up the West to it." 'How much new road will you have to build to reach GreensboroV" "About 40 miles, it will not be an expensive road, either, for the country is comparatively level, nnd no costly bridges or .trestles will have to bo erect? ed." B. AND O. IMPROVEMENTS. Plans for the expenditure of $25, 000,000 in Improving the physical condi? tion of the Baltimore and Ohio Rail? road have been completed, and within the next three years that vast amount Improvements <n* roadbeds, bridges, tracks and equipments will be made on all lines of the system. The present rapid development of earning power of tho system has led the directors to the belief that a large percentage of tho $25,000,000 can be spared from surplus earnings Al? though the detailed plans of improve* ment have not boon made 1'ubU.c vet, it is said that a great, percentage or the money will be spent in improving the line between Chicago and Pitts bur g. The Baltimore and Ohio Southwest? ern Is spending $l,r.00.000 straighten? ing and shortening Its line through In? diana more than five miles, prepara? tory to cutting the schedule between St. I^ouis and Cincinnati from nine to eight hours. Four thousand men will be worked just as soon ns tho weather I permits, nnd the road will bo practi? cally rebuilt across Indiana. One of i the greatest changes is made by tun? neling the hills in the Willow Valley and tho big hill west of Mlchell, Ind. The Willow tunnel will be 1.0SO feet In length nnd will cut off more than two miles nnd many sharp curves. Tho big tunnel eosit of Michell's is being lowered nine feet. It is 1.700 feet in length. There are 25 different con? tracts and some of them provide for rebuilding the track 10 or 15 miles, sometimes departing a mile from the present right of way. DIVIDENDS DECLARED. The dirctors of tho North Carolina Railroad Company met here yesterday and declared an annual dividend of C',j per cent?S'.i per cent, payable on Feb? ruary 101 li and 3 per cent, payable on August 10th. The capital stock of tho company Is $4.000,000, therefore to pay the dividend this year will require $200.000?or $140, 000 on February 10th and $120,000 on August 10th. Next year, under the terms of the lease of the road to tho Southern Rail? way Company, a dividend of 7 per cent., or 3^4 per cent, seml-arinually, will be paid. Under the terms of tho lease, tho State is hereafter to get 7 per cent, on the par value of the stock. As a mat? ter of fact, as the sto. k in the road is worth $lt'>0. the State is getting only] a little over 4 per cent, on tho market value of its stock. JUDGE WA DDI EL'S DECISION. The decision of Judge Waddill. refus? ing to grant the Injunction prayed for by Thomas F. Ryan naturally greatly pieased those interested gentlemen who are endeavoring to consummate the scheme of consolidation of the Sett board Air Line system. Mr. John L. Williams, father of Mr. John Skelton Williams, said yesterday to a Richmond Dispatch representative: ? "The work of consolidation will go forward uninterruptedly, just as it has been for some time. No serious inter? ference on the part of the opposition is apprehended, though the friends of con? solidation may be bothered a little by one or two more suits. In the end, however, the plan of consolidation here? tofore outlined will be consummated." It was stated yesterday that the opin? ion was held in some quarters that Mr. Ryan could nppenl from the decision of Judge Waddill. In another quarter it was stated that no appeal could be taken. It is believed by some that Mr. Ryan will certainly exercise the right of appeal if it exists. The roads which will c >mpl 'to the system of consolidation] as now pro? posed, and which thread the South In almost every possible direction, nre Raleigh and Augusta Air Line Railroad Company, the Durham and Northern Railroad Company, the Ronnoke and Tar River Railroad Company, the Sea? board and Ronnoke Railroad Company, tho Louisburg Railroad Company, the Carolina Central Railroad Company, the Palmetto Railroad Company, the Chesterfield and Kershaw Railroad Company, tho Georgia. Carolina and Northern Railway Company, the Pea board Air Line Belt Railroad Com? pany, tho Georgia and Alabama Rail? way, the Florida central and Peninsu? lar Railroad company, the Georgia and Alabama Terminal Company, the 1*0 gansvlllc and Lawrenccvlllc Railroad, of Georgia; the Richmond, Petersburg and Carolina Railroad Company, the Pittsboro' Railroad Company, and tho South Pound Railroad Company. SHOPS AND DEPOTS. Raleigh, N. C, Jan. 17.?Vlcc-Prcsl dent St. John, of the Seaboard Air Line, anonunccd to-day that tho railroad shops burned hero several years ago would be rebuilt nt an early date, nnd a largo number of men employed in them. The general shops of the system, he says, will remain at Portsmouth, Va., but there will bo repair shops main? tained at Raleigh. N. C, at Richmond, or Manchester. Va.. at Amcrieus, Ga., and nt Jacksonville, Fla. A very l?ge new freight depot will also bo erected here. "We hope to have our through Flor? ida trains in operation by February 1st," continued Mr. SI. John, but we fear it will not be earlier than Febru? ary 10th. We have now five steel bridges In process of construction. These can be completed by the 1st. If tho manufacturers and the contractor? will do their duly, but I fe.ir it will be the loth before It Is done. TRAINS AND KQl'lPMF.NT. "The trains and equipment of the now Kystom nre all complete and now at Wilmington, Del., subject to cur or Pull moil outfits for our fast Florida Pullman outfits for our fast Flarldo sorvco. Thru, at Portsmouth, there are the day cars, mall and baggage and express cars for lhe?c through trains." Mr. St. John says he does not yet know what tho schedules of tho new trains will be. I President Williams thinks the line will be In operation early in February. Tho grading, he says. Is all done, and the bridges will soon bo completed. LAMBERT'S POINT. The committee from tho Volunteer Fire Company of Lambert's Point, which wont to Raltlmore Monday, ac? companied by Chief Ryan, of tho Nor? folk department, to select a lire en? gine for the company, returned yester? day, after deciding upon a thirty-five gallon, double-tank Hoilowoy chemical engine. The preliminary meeting for tho In? stituting a. new lodge of K. of P. wns held nt the Point last night, and was very largely attended. District Organ? izer Cunningham came over from New? port News, and wns Joined by a del? egation from Norfolk lodges, nmong them being Past Chancellor George C. Favllle, of Rathbone Lodge No. !?:t. nnd others of the same lodge. The formal organization will be completed very soon, and the election and installation of officers will follow. It Is understood that tho now lodge will star! with a largo membership and tinder very fa? vorable circumstances. Ground Broken for Building Yesterday work was started on the foundation of the now mammoth elec? tric power house of ??.he Norfolk Rail? way and Light Company, on Cove street, the trench for !hr> foundation wall being opened on tire eastern side of Hie lot. When completed this will be the largest electric plant in Virginia and will probably bo the nucleus of one of -tho largest system of roads and power and lighting distribution In the South. OTHER LOCAL ON PAGE 6 the genlle-ncting and faultless Tarrant's Iiffervescent Seltzer Aperient. Tlicrc is no remedy so good, so reliable, so appetizing, or so effective for constipation, sick headache, or that "out of sorts" feeling arising from a disordered stomach. " It invariably gives satisfaction." TARHANT & CO..Chemists, New York. At druggists, 30c'arid Sijoo. 1 THE CARBON STUDIO, H. V. LINEBACK, MANAGER. 7i2 Main Street. Campbell's eld stand. Ballcntine Rklg, Photogrnp* in any size or style, finished both in glo.ss or carbon. Portraits In water color, pastel or crayon. Mlirniure.? In gold brooches, both plain and In color. OUR LEADERS?Gloss Cablnet3 at 51 per dozen. Carbons, at J2.oo per dozen Tho public la invited to inspect work. Ja27-lm 234-238 MAIN STREET. HATS Derbies, Fedoras and Golf shapes, worth up to $2.20 Percale Shirts $1.00 and $1.25 Goods $1 1 5,15 $18 $30 Please Read Carefully -?for one or two gentlemen evidently didn't notice the announcement of our Marked Down Improvement Sale. EVERY WINTER-WEIGHT SUIT AND OVERCOAT IN THE HOUSE is included. We make our statements very plain and comprehensive, for we stand back of what we advertise. There are hundreds of Coats^ scores of styles?all marked down?but the guarantee of satisfaction isn't one whit less strong. Why should it be?the garments are the same ? Overcoats? $6.75 Overcoats? $9.25 Overcoats?$11.00 Overcoats?$16.00 $30 Suits? $18 Suits Si 5 Suits? $11 Suits? $16.00 $11.00 $9.25 $6.T5 [Meg's Willis Pins Tai aim Wil? Gnsrnj syrup FOR COUGHS, COLDS AND BRONCHITIS! Wo make this Cough Syrup ourselves. Wo make It of tho very purest, freshest and most reliable (truss. We make It In small quantities. When you buy It you set It as It ought to be? lt hasn't lost all Its virtues by standing around on shelves and In warehouses tor months or years. it not only ought to cure?It posltlvoly docs cure. 25c. a bottle. PRESCRIPTION PHARMACISTS, 406 Main Slrect, Opp. Hotel Norfolk. 733 Church Street, Cor. Calvert An Unusual Sale of Suits. Wc arc going to have quite a little suit sale this week. Mind you we do not advertise to sell $25 suits for $6.25 or any such tommy rot which every sensible person instantly recognizes as "fake" of the first water, but we are going to offer such bargains as an intelligent merchant who understands his business can offer to an intelligent public which is not to be fooled with mere words. Wc have arranged to sell out the remaining suits of a number of lots which have %-roven so satisfactory and sold so well that but few of each are left. In view of the fact that we have already done so well with them and that there are but few left anyhow we are going to put on sale these $18 and $20 Suits at $15. PREWREY'S,_317 ftflain Street YOU CANNOT EXPECT IT TO DO OTHERWISE! Ti t ES 13 COLD AND FREEZING MORNINGS AND RLIZ ZARU1.V N U1? 1 S. HKT i l-.R BEE 1 HAT YOUR SURPIA* OK COAL IS IN YOUR CELLAR, INSTEAD OF AT OUR YARDS. Balchelder & Collins, Phone 101 145 Water St. -THE? lgwbbms siiBGiaitu STORE SPECIAL PRICES ?ON ALL? Tailor=made Suits and Jackets ... TO-DKY. Our Guarantee?Perfect Fit or your Money Back. Ail Fitting and Altering by an Expert Man Tailor. Alterations Free. i BEHJ. LOWENBERG. 34 Granby Street. OLD PHONE S?S. aaagBBpaBmMMgnBBBBanaMM A Delightful Heater For furnish'tig a 'wie, delightful, regular heat, thero's nothing ;o be compared with the CSas Stove. WE HAVE SEVERAL VARIETIES with pr'.c1;; jitjjt as varied; and we r.ro sure to please yen. A gas s'.ove keeps old wcuther at bay ua no otiu r stove can; CITY GAS CO., _82 Plume Street._ BfINJ. L. DOZiER, Livery, Boarding and Transient SLUVes, 61, 63.JS5 Covo Strict. Everything new" and. up-to--d.ua. P. 8. PHONE. 606. OLU PHONE. 89?.