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THE NEWS OF NORFOLK ON PAGES 2, 3, 5 & U. COURT DECISIONS. DIGESTED BY W. B. MARTIN. EXCLUSIVELY FOR VIRGINIAN-PILOT. Kotes of Cases Recently Decided, Which are of Interest to Our PeoDle. CARPENTER & CO. V. CHEMICAL CO. Supreme^Coutt of Appeals of Virginia. | Marcli 15, 1900. AN ENTRY MADE BY A BROKER BEFORE THE CONTRACT IS SET? TLED IS NOT EVIDENCE AGAINST THE PARTY WHO HAD NOT EMPLOYED HIM. A COURT SHOULD NO TREF?SE AN INSTRUCTION IF THERE IS ANY EVIDENCE WHATEVER TO SUP? PORT IT. WHERE A PARTY RECEIVES THE | RIGHT NOT TO TAKE PHOS- j PHATE ROCK UNLESS SATISFAC? TORY, HE MUST ACT IN GOOD ' FAITH IF HE DECLINES TO! TAKE IT. The Court says: This is an action by Carpenter & Co. against the Virginia-Carolina Chemical Company 10 recover damages'for the refusal of the defendant to take 3,000 tons of Tennessee phosphate, spoken of in this record as Tennessee rock, which the plaintiffs claim to have sold the defendant and which it refused to accept. It appears that such negotiations ns ?were had between the parties was by correspondence between one R. E. Do Jnrnette, a broker of Norfolk. Vit., and S. TV Morgan, president of the defen? dant company, at Richmond, Va. Dn Jarhette was introduced as a witness on behalf of the plaintiffs in the nego? tiations with reference to the alleged sale to the defendant company, he was asked If he entered such a sale upon a book kept by him in which such tran? sactions wore entered, and he answered that he did, but said that tho entry was made before he hoard from Mr. Morgan at nil ns to whether he would take tho 3,000 tons of Tennessee Rook; whereupon tlie plaintiffs offered to in? troduce In evidence tlie book and entry made by DeJarnetlc therein, to which j the defendant objected, nnd the ob? jection was sustaled by the court. A broker is primarily the agent of the party by whom he Is originally employed, and he becomes the agent of the other party only when the bar? gain or contract Is definitely settled as to Its terms between tho principals. In which case lie may act as the agent j of both parties in making a memoran? dum of the sale. That is, however, not tlie case hero. Under the circumstances related byDe Jarnette himself he was in no sense the agent of the defendant company and authorized to mnke an entry upon! his books that could be evidence | against the defendant in Ibis suit, against the defendant in tills suit. Manifestly, therefore, the court below Tightly excluded the entry. Error Is assigned to the refusal of the court to give the following Instruc? tion: "You are further Instructed thnt if you believe from the evidence that if the plaintiffs agreed to sell to the de? fendant nnd the defendant agreed to purchase from the plaintiffs n certain quantity of the article called Tennessee rock, if the defendant could use the same satisfactorily, you are instructed that In determining whether the de? fendant could use the same satisfacto? rily it was bound to act fairly; and if you believe from the evidence that the defendant company did not act in good faith in declining to take the said rock, or If it. declined to take the same bo cause it could make better terms there-1 for with other persons, it is your duly lo find for the Plaintiffs." This Instruction was refused on thej ground, as stated by the Judge <>f the | court below, that there was no evi? dence tending to show a want of good faith In the action of the defendant Inj rejecting the Tennessee rock in ques? tion nnd cancelling the alleged con? tract. This court said In Hopkins v. Rich? ardson. 9 Qratt. 406: It is certainly correct that no court is required to in? struct the jury on abstract questions of law not presented by the proofs In ?the cause. But this function of de? termining whether any proof has been given of the hypothetical case or not, and if none, of refusing to give the in? struction asked for upon it. is one to be exercised with proper care and great caution. In a plain case of a total ab? sence of evidence tending to make out the supposed case, the court may well refuse to give any instruction based upon it. But whore there Is such evi? dence, of however little weight it may appear to be to the court, or however Inadequate in its opinion to make out the case supposed, it is best and safest for the court not to refuse to give in? struction askod for if It propound the law oorrectiv. Without discussing the evidence In this case or intending to express an opinion as to its weight, it is sufllcient to say that we do not concur in the view taken by the court below, that there is evidence tending to make out the case spposed in the instruction. The gist of the instruction is that the defendant was required to act fairly m refusing to take the Tennessee Rock alleged to have been contracted for by it conditionally, and that in de? termining whether or not the rock was satisfactory the jury should take into consideration the evidence bearing on that point nnd determine whether the rock was. In good faith, not satisfacto? ry to the defendant. Reversed. GODBOUT V. ST. PAUL U. D. CO. Supremo Court of Minnesota, February 16, 1900. A RAILROAD COMPANY MAY GRANT SPECIAL PRIVILEGES TO A PERSON. OR COMPANY, TO SOLICIT THE TRANSFER OF PASSENGERS AND BAGGAGE WITHIN ITS DEPOT. The question in this onse was wheth? er the St. Paul Union Depot Compony had a right to prevent a licensed hack man from soliciting business In Its de? pot, and to give that privilege to one person or Arm to the exclusion of oth? ers, . ... ?/ The court, after quoting a number of cases on the subject, says: .We therefore conclude aa follows: That neither a hackman or common carrier has either a statutory or com? mon-law rieht to enter the Union De? pot to solicit business; mat both may enter the depot for .the purpose of de? livering- or receiving passengers upon order or contract: that all carriers, private and public, have a common right, without discrimination, to so? licit patronage at such points as may be properly designated beyond the de? pot; that within such building defend? ant Is compelled to make such proper rules and regulations as will conserve the Interest and convenience of the traveling public; that within such building defendant has control of Its property and business, by virtue of its right of ownership, subject only to the rights of the public transacting busi? ness with It; and ns an incident to such obligations to the ugllc and right of ownershlo, defendant inny grant special orivlleges for the transfer of passengers and baggage. OPPO'WENTS MEET' CANDIDATES FOR MAYOR 'AD? DRESS JOHN S. HARBOUR CLUB, For the first time since the opening of the municipal campaign the two candidates for the Mayoralty met last night on the same platform. This meet? ing was at the John S. Barbour Club room. The house was packed with members and candidates. At the invitation of President E. H. Cunningham, of the club, both Mayor Johnston and Dr. Rlddlck occupied scats on the platform I during the speaking by the various candidates. Mr. Johnston's speech came before Dr. Rlddlck's, and the Mayor felt the way with the audience, us did his opponent. Mr. Johnston told the club members that if his administration had been a satisfactory one he would like to have their votes for re-election. He referred to some things that he had done as Mayor. 11 was evident that the audience was pretty nearly evenly divided as between the two candidates for Chief Executive of the city. When Dr. Rlddlck arose to speak he was greeted by equally as noisy a dem? onstration as Mr. Johnston. Dr. Rld? dlck said that the city Is on the eve of one of the most Important campaigns that has ever been witnessed here. He said that the light was Inside the Dem? ocratic family, and he was going to cheerfully abide by the result: that he would vote and work for his opponent if the latter received the nomination. Both Dr. Rlddick and Mayor John? ston gave assurances of the lack of an? imosity or bitterness In tho fight for the nomination. Others who spoke at the meeting were Messrs. John Tophnm, H. S. Her? man. J. F. Duncan. "W. H. Vcnable. J. Arnold Dalhy. B. F. Walters. Dr. Mnc donald. James v. Trehy. J. F. Lawlor, T. B. Wright nnd J. O. Pitt. The lat? ter Is the vice-president of the Third Ward Democratic Club. A PRETTY MARRIAGE MISS MICHELSOHN THE BRIDE OF MR. SCULNICK. Mr. Lewis Sculnlck and Miss Bertha Michelsohn were married yesterday at the home of the bride's mother, No. 2G1 Chapel street. Revs. II. Benmosche and M. Saron officiating. The bridal chorus was sung by twelve young misses, the former pupils of Miss Michelsohn. Mr. Ben Sculnick, brother of the groom, and Miss Rosa Michelsohn, sister of the bride, acted as best man and brides? maid, respectively. The bride was attired In a silver gray silk, and carried a lovely bouquet of Bride's roses. She was given away by her uncle, Mr. B. Miller. The brides? maid wore a pink mouselln de sol over silk, with spangled trimming, nnd car? ried a bouquet of chrysanthemums. The ushers were Abe Summer-field, of Dur? ham, N. C.; Henry Levy, Samuel Kahn, Samuel Brown, Ellis Graff and Moses Marx. About seventy-five guests were pres? ent, among whom were Mr. Bernstein, of Cohn & Bernstein, of Baltimore; Mr. Welner, of Baltimore, and Mr. Sum merneld and son. of Durham', N. C. The bride was the recepient of a largo number of beautiful presents. ? After the guests had been served with a sumptuous repast, the happy couple departed for Washington, D. C, leaving at 5:30. Mr. and Mrs. Sculnlck expect to re? turn soon nnd live temporarily at the home of the bride's mother, prepara? tory to the occupancy of a prominent home for themselves in Norfolk. Funeral of Mr-H-A- Howell The obsequies of Mr. IT. A. Howell, who departed this life nt the Norfolk Protestant Hospital at an earlv hour Sunday morning, were held from the funeral apartments of Mr. H. C. Smith, No. 17!) Bank street, and was attended by the relatives of the deceased and Friendship Conclave No. 2. Heptasophs, or S. w. M.. nnd Picket t-Buchannn Camp, Confederate Veterans, of which he was a member. The services were conducted by Rev. S. C. Hatcher, of Queen Street M. E. Church. The inter? ment was In F.lmwood Cemetery. Fol? lowing were the pall-bearers: Heptasophs?W. E. *W!nn. W. H. Fletcher nnd W. C- Sanderlln. PIckeU-Buchanan Camp?C. J. Creek mur. Charles Jones and M. It. Archi? bald. A Sock Social. A large gathering of young people attended the Sock Social given by the Ladies' League of Queen Street M. E. Church last night, and all present were amply repaid for tho time spent. A very pleasing program was rendered, consisting of selections on the phono? graph by Mr. A. W. Deans, a recita? tion by Miss Annie Osborne, with piano nccompaniment by Miss Lo Blanc, and humorous characteristic readings by Mr. Deans. At the close refreshments were served. A handsome sum was realized for the parsonage fund. Methodist Revival Services. Rev. R. M. Chandler, pastor of Cen? tenary M. E. Church, will begiti spe? cial revival services to-night at 7:45 I o'clock. These meetings will be con? tinued nightly nt the same hour until I further notice. A service of spiritual songs precede the sermon each even? ing. A cordial Invitation is extended to all to attend the exercises. "Sofo Bind. Safo Find Fortify yourself now by purifying and enrlehlnK: your blood and building up your svstem with Hood's Sarsaparllla and you may expect good health throughout tho coming season. / All llvor ills aro cured by Hood's Pills. Ho. Mail Orders for these Suits and Top Coats can / be filled. Send Breast, Waist, and In-seam measures. 234-2 3 6-2 3 8 MAIN STREET. Free Delivery promptly to all suburbs, and all purchases of $5 or over sent car? riage free to any point within ICO miles. I And you -know we do not attach this title to anything short of a real bargain. Whoever gets one of these Suits or one of these Top Coats gets a REAL BARGAIN?because they are woith fully OiNE-THIRD more than the price at I which we shall sell them. Not one in the lot but is better than any $12.50 Suit or Top Coat in anybody else's J stock?and many of them cannot be duplicated under $1?.!>0. Please make your own comparisons. A special pur? chase gives them to us?and the saving goes divecilv to you. 300 Suits. Fancy Worsteds?four different styles? Small Check, Broken Plaid, Dark Stripe, and Novelty Plaid, in the most fashionable and popular shades; being hard finislud weaves, they will hold their shape. They are cut m latest Sinqle-breasted style, and about half of them have Single and the oilier half have Double-breasted Vests. Tailored and finished in best manner, with deep French facings, durable linings, and will fit perfectly. All sizes--regulars and stouts?from 33 to 42. BlflSlBBIl Worth at the very least, $12.50. 150 Top Coats, in four lots, also?Tan Covert Cloth, Light, Dark, and Medium Gray Mixtures? cut in the regulation fashionable lengths? extreme and conservative. Some are lined with Italian cloth; one lot is lined through? out with Brainard & Armstrong's GUAR? ANTEED satin; one lot is silk-faced--and they are all brand-new, stylish garments. All sizes and perfect fitting. In every point they are thoroughly reliable and desirable ?-and it is an unexpected chance that gives you iiiineBi Worth at the very least, $12.50. Saks & Company. BOARD OF FISHERIES MEETS TO-DAY TO ELECT CAP? TAINS AND INSPECTORS. The State Board ot Fisheries will meet here this afternoon to elect oyster inspectors and captains of the oyster navy steamers Accomac and Chesa? peake, and tile police schooner Poco mokc. The term of olllce of these offi? cials Is three years. Captain Hudgins, the present com? mander of the oyster navy. Is an ap? plicant to succeed himself, nnd will doubtless do so. Several gentlemen in? terested In the selection of inspectors and captains came to the city yester? day to confer with the members of the board. Among these gentlemen arc: Mr. H. T. Daniel, of Middlesex county; Dr. F. W. Lewis, O. P. Squires. .1. H. When ton, T. ,T. Downing. W, A. Ham? ersen, James Saunders, C. L. Rodgers, Howard Hathaway nnd R, W. Carter, all of Lancaster county. Republican Mass Meeting. Precinct mass-meetings will be held to-night at S o'clock by the faction of the Republicans that is recognized by the State organization and National Committeemnn Bowden to elect three delegates and two alternates from each precinct to a city convention to be held at the Real Estate Exchange to-mor? row night. This city convention will si iect ten delegates and two alternates to the district convention, which meets here April 9th for the election of two delegates and two alternates to the Be pubtican National Convention, to be held at Philadelphia on the 10th of June, and will also elect a Presidential Elector for this district and ten dele? gates to the Stale Convention, which meets in Norfolk on the 10th inst. OTHER LOCAL ON PAGE 1l Physically Run-down Men and Women Take the greatest blood and nerve builder r>f the century. Dr. Hallcck's Wonderful Electric Pills for weak, worn-out. nerv? ous people. Used In private practice since ISIS. Thousands restored to health und happiness. Sold at all wholesale and retail drug stores. $1 per box, 6 boxes $.">. Burrow. Martin & Co., 200 Main St. and 0 Hill St., Norfolk, Va. Advice ?>'? all dl?en?es from sue ? lalt-t-. Ire . iiAIjI.OCK Mtti ?. ? O., IIO < on rt ? !.. [{"-ion, AI??n. 3 i ad. "iipp'l <t by <;t pin, Li Ilgduil A Co., Bnllintorc, TO CARRY TWO. WILL ALSO CAHRY POUR. Many other new designs now ready for your inspection. 24 to 40 UNION STREET. ...NEW PRICES^.. Patnpsco Superlative $-1.23 BBl. Flour . Royal Crown . 2Sc. and GSc. per stock's Patent . Volgtvt'a Patent. 1>sk. Plllsbury'8 Best. $t.50 bbl., 30c. and GOc. per bag. New Smith field Hams. 15c. n. lb. Our Special Blend Tea (Mc. quality). 40c. lb. 12 packages 1'enrliiie. 25c. THE8B AUK HUT'A PEW OP OUR PRICKS. WATCH THIS SPACE. Virginia Grocery Co. VIRGINIA:?IN THE COURT OF Law and Chancery of the City of Norfolk, on the 27th day of March. 1000, Aila Emily Fen tress.Plaintiff vs. Joseph Ii. Fcnitress .Defendant. IN CHANCERY, The object cf this suit is to obtain a divorce from the bonds of matrimony heretofore entered Into between tJio plain? tiff and the defendant, and affidavit hav? ing been made that the defendant, Joseph T>. Fcntress, not resident of the State of Virginia', he is hereby required to ap? pear within llfteen days after duo pub? lication hereof and do what may bo nec? essary to protect his interest. Teste: J1JNIUS A. COLEMAN, D. C. H. O. MILLER, p. q. per C. mh28-we-lw THOMAS A. FREWEN. Contractor. PLUHBING, - HEATING. Estimates Furnished. All Work Guaranteed. OFFICE. 60S COLUMBIA BUILDING. oc22-eod Important Notice! Special limited quantity of FITTEST HAVANA CICARS For box trade at factory prices Hamburger's Cut Rato Tlckit OHIcj ?27 MAIN STREET. RAILROAD WRECK CLOTHING SALE I Never before, and probably never again will a purchasing public have an opportunity to buy so much for so little. Those who came to this ex? traordinary BARGAIN GIVING were more than delighted, and loud we'ro their expressions of satisfaction. This stock Is Just chock full or the high? est grade of Men's. Youths' and Children's Clothing waiting to be parceled out by close, shrewd buyers. You have only yourselves to blame It you pay too much for your spring clothing. HERE ARE A FEW OF THE MANY RARE BARGAINS: $1.65 Men's Suits, strong and dur? able, which cannot be had under $5.00?Smash Up Price Men's Suits, well made, sizes .11 to 12?cannot be had for le than JS.O0 anywhere?Sm Up Price . Men's Suits, fancy effects, all-wool, high -$3.96 . all-wool, high prude tailoring. You will have (h r* A / to pay $12.UO for no better?3)M J ?L Smash Up Privc . Youths' Bults, ages from 14 to 1!> years. These are wonderful ff I PP values?worth $5.00?Smash Up IS I H *l Price . Youths' Suits, nges 14 to 10 years fancy checks and ooptionnl value at $S Up Price .... Children's Suits, ages ft to M year see Is to buy. and you had bet? ter not miss this chance? pp. | worth $1.50 a suit?Smash Up h J) [] Price . wwv?i 'p"lalds-ex- <f ? A I) S.M-Rmash^.&Z To You-inuat see these Bar Children's Suits, double-breasted styles substantial material and well rift ' trimmed?worth $2.00? Smash Up Jj Q Q Children's Suits In nll-wcoi cheviots?all sizes, 4 to 16 years ?some have double knee worth $4.00 ? Smash Up Price ., Children's Knee Pants, well mudo and wear-resisting?the sort which we sold at 25c. per pair?Smash Up Price . Children's Knee Pants?uges 4 years?mixed tweeds and fancy casslmeres?the 50c. kind?Smash Pl> Price . Men's Pants?fancy cheviot ? their properties uro style mixed with good service cloth, guaranteed reliable, worth $2.00?Smash Up Prico . Men's Pants?English? taped senms; those Pants would cost you no less than $3.50 at other stores ? Smash Up Price. ?te their real values. $1.95 lo and IOC to 15 25c ? their h good 98c seams; $1.62 Cannon Ball Clothing Co;> 219 MAIN STREET, NORFOLK, VA OPPOSITE ACADEMY OP MPSIC. ??<>???<???<>?j>???<>??4>?4>?4??.?<>???^>????<li> >.-* nu nunc noon mumm ana nisi III **sg mamrn man ossin assn nseo ?-.V *^?un nu! Ii? ???? Bisa bbbb u ;,tu Saia an an aaaa bbbb arnam flsjj4 C Sack Suits $12.50 to $28.00. S E is ?i a i B3 =3 During: the Spring and Summer the Sack Suit is more continu? ously worn than during other seasons, because then men dress more informally. Therefoie, we show a greater variety; but every pattern lias character and is practically as exclusive as those shown by high class tailors. We are especially desirous that men who have their clothes made-to-measure shall see these suits; their tailors will lose their trade. You will lind here the new gray-toned stripes and checks in soft and linn fabrics, as well as new weaves in navy blue and black serges and undressed worsteds. Ready to fit any shape as well as if made to measure. ?1T Main ?8 - R..S-S ? -a .2 I DM WE CLOSE AT 7 P. M. aaaa aeaa bbbb m?5_Ps!..5' a ?ssa osbb away snsaJ ??? .s"i.j""t.nP"S..r--...? ... SPRING SHOES JA. 9 St. PHONE CC1. ? a ?a bbbb mmmn mi mm vatm aaaa nn?!,V' I anus oji? utcs ttoss . iaas memo IL u3 bbbb aaaa >i bbbb ?jaa_ uebb oaon bbbb hbbb Our full line of Ladles' and Gents', Misses' and Child:en's Oxfords are now In. and we guarantee you comfort, combined with durability, and the very latest Style?. WE CARRY TUB Finest Line of Footwear in the City. Also sole agents Tor the celebrated Men's $3.50 "Walk Over" Shoe, In calf, tan and patent leather. Cull and examine our line. 8? ? g" n lm m it 1 ?a a. 3 SB a! 272 MAIN ST. Opp.