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Judge Barham Sustains Decis?
ion of Commission. DEMURRAGE ON RAILROADS Companies May oe Taxed For Fail? ure to Furnlah Cara to Shippers? That of Suit of C. e\ O. Against Contractor J. W. Oavla. Judge Harham handed down an ? -pinion In the Corporation Court yes lerday morning In which he holds thai the order of the State Cor|M?reiioii Commission requiring railroads operating In the Slate of Virginia to nay a demnrrage tax for failure to lurnish cars to shippers is constitut? ional. The opinion wus rendered In ihe suit of the Chesapeake A Ohio Railway Company against Contractor .1 \V. Davis, 0f tbi* city, for the col- j lection of freight charges aggregat ing I2.24G. 'I The ? rial of the suit was taken up, by Judge Harham last week At-. tcrneys R. M. Lett and J. A. Massle,! counsel for Mr. Davis, admitted the claim of the railway, but contended that their client had a demurrage claim which would offset the claim of ihe company This demurrage claim c mounts to $1.524 and Is the out? growth of the alleged failure of the isilway company to furnish cars to Mr Davis when he was laying the concrete steps and bottom In dry i deck No. 3. at the shipyard, more than a year ago. Two Pointa Raised. Attorneys R. (} Blckford and S. | Otis Bland, representing the railway. Immediately raised two points. The first was that the order of the Cor? poration Commission requiring the pavtnent of the demurrage is uncon? stitutional In thai it leaves no provis? ion whereby the railroads can escape the penalty when they have a short? age of cars. The other point was that the claim for the demurrage should be brought before the Cor? poration Commission, sitting as a ? on rt, and not In a court of law. The points were argued at length last week and Judge Barham took them under advisement. Cn taking up the trial of the court again yesterday morning Judge Bar ham announced that he overruled both i>oints brought by the railway (ompany and the trial then proceeded on Iis merits. I Railway Geta Judgment. I Judge Harham entered an order for judgment of $7no In favor of the rail? way company against Mr. Davis, this amount being the difference between the claim of freight charges of the railway h ml the claim of demurrage by Mr. Davis. C< ntntctor Davis was the first wit? ness called to the stand and he was still in the witness chHir when court adjourned for the day. L. R. Timber lake will be called as a witness for Mr. Davis. J. H. Graves, local agent for the Chesapeake A Ohio, and R. M. Nel? son, the chief clerk, have been sub I'oonaed to appear with the tariff schedules of the railroad. Supertn-1 tendent of Terminals K. l. Ford also; may be summoned for the railwayi iompany. The trial of the suit will, be continued today. CHINE8E 8AILOR DEAD. Members of Crew of Steamer Knight Errant Stricken Here. Ah Hi. n Chinese seaman of the crew of the British steamship Knigat Prrant. who was stricken here last Saturday with lockjaw, following the mashing of one of his Augers, dien at the St. Vincent s hospital. Norfolk. I Monday The funeral took place at Nrrfolk yesterday, the sailor be-ing buried in Firewood cemetery. Ah HI wjs about 40 year?. old. The Knight Krant sailed from this port for the Philippines Sunday j Mr. Willock Returns. Mr William Willock. who has been stopping at Blue Ridge for the past year, has r?turned to hag home! on West sveaue. He w.ll make his home here with his mother. MrsJ Sarah P Willock, ^02 West avenue. I FORMER TREASURER INDICTED. South Carolina Officials Faded to Tor-< Over $25.000 (By Associated Press.) HAMPTON. 8 C, Oct. 27 ? Charg? ed with failure to tarn over $25.00* < i pnblie funds to hia awecewsor. for ra*r Treasurer Ijujgford. of Hampton county, was Indicted here today la its report the grand Jury also asked j the solicitor to submit a bill charg lag Lsxagfrrd with embeatleaneat. A hnsvtrag company's check fori $?t).ooo recent:? was aeeepted by the1 atate la settlement for I^antrfore 3; shortage m mim mam "Wouldn't W?y aas For the Relief i Got Pp?4wj? fHI+fjV.1* "for It years I awtered wRh piles, browght oa by aay strata or hard work Siace using Hees Rotd eight *mmm ago. | have aot had aa at? tach, caa do aay labor aad eat what I wash wMhowt in effect | wrmM act he la my foresee conditio* for ttm." I Signed > Was Mc Adams. Coo*, s rail,, v T ?worn to Before notary Mar 23 a* De. Leonhard; ? llssa nut, aa later, aal tablet rar? for atlas, aj sohl for tl by a F. f. ki/ML Newport News, i. aad felly gwaraarerw Dr lee* Social Personal After a visit with friends In Kai I Minore ami Washington, Miss Sadie I Atinian has reiuru?"d home. Mi?? Orr.ce Alluau. Ol Frederirksburg ao j i'OUipaill? d her. I Miss Fannie Merger, who has been i (he guesi of Mrs. D. W. King, in this I ?lty, has returned to her home in Iscranion, N. C. I Miss Nellie W'obert has returned from Meekieuberg county, where Hhe Visit? d friends. Miss Katherlite Jarvls, of Washing? ton D C? is visiting Miss Ella Klein, on Jefferson avenue. Miss Harriet (irover has returned irom a visit to liounoke and Lyiicb burg. Miss Helen Morris has returned from Huntington. W. Vs.. where sh?* visited relatives. She was aeeoui ranted by Miss Alice Morris, who will be her guest here. Mrs. W L Jordan has as her guests at her home on Twenty ninth street. Miss Rose Hargrave, Of Oordonsville. Miss Oracle Hlanford bas returned from a visit of several months with relatives in Mecklenburg county. Miss Louise Davidson, who bas been spending two weeks with her sister, Mrs. A. At. Baylor, on Thirtieth street, has returned to uer home in Norfolk. Miss Ijiura Met*, who has been vis? iting relatives here, has returned to! fee* h<>me In Irnsing, Mich. Miss Jeauatte Waterman has re? turned from a visit to relatives in North Carolina. Mr. and Mrs. C. M. Lively ot Cnv ington, Ky., are visiting relatives in this city. Mrs. L. C Strait, n ent-nalned at bridge whist at her home. 223 Thirty third street, yes'erd-ay afternoon. Those playing were: Mesdani> I W. P. lsley, of Hampton; Dan Seiden | Jones. Waggstsff and Marshall, and 1 Misses Llllie Harrison. Myrtle Dand ridge end Novella Nance. Dainty re? in shments were served. Miss Mary Cstlln. of Richmond. I* the guest of Miss Mary Putzel. Mrs. U B. Wertheimer and daugh? ter. Miss Elsie R. Wertheimer, 01 Chattanooga. Tenn.. are visiting rein- I lives on the Boluevard. ELKS WILL ATTEND HAMPTON CARNIVAL _ I Local Lodgemen Going Visit? ing Tonight Headed by Eagles' Band. Newport News Elks, headed by the' band of the Eagle Engine Company. I will go to Hampton in force tonight to (tarticipate In the carnival and fair now being held by the Crabtown !<.dgemen Arrangements for the trip ?nipleted at the lodge home last right, and it is expected that a big crowd will turn out. Two special cars will leave the comer of Washington avenue and ? Thirty -second street tonight at 1:1(1 o'clock to take the oartv to Hampton, I Elks and their ladies and all friends of Dae lodge desiring to make the trip] are invited to board these cars. The Hampton lodge will meet the visitors with a band. WIFE SWEARS SANDERS WAS AT HOME ASLEEP Alleged Murderer's Mother-in-law Al? so Gives Evidence to Bubetao ttate Alibi. (By Associated FTesst. HEAIFOKT. M. C. Oct. 17?Tes? taten? was lntrcdnced by the de? fense in the trial here today of 3. J Senders, ?riargrd with the murd'r of Mayor H. J Newberry. of Newport, this state, tending to show the good character of Sandern. Mrs. Frank Sanier? testified that the defendant canne home early the night or the lulling and was asleep . -nor.ng when she heard a gnnabo? Mrs. Bock mother-in-law of Frank I Sander?, testified that she beard taw) [ gufi'tH t. went down stairs and ?P* n ed the door to aaicertain what 'he shooting was and where it bad ac enrred Returning ab? stopped and looked iato S J Banders' rcoan where she saw htm In bed entere Two negro men cm the stand said theT had heard the ?unshot and screnmla? Then a cart pnasi j in a worry, tearing ib.- town I rrtohtfut rate Averted "1 wooM have been a cripple for IttV. from a terrible cat on my knee cap" writes Frank DUberry. Keliiker Minn 'srktanmt Bockums Ann loa Ralve. ?Vch soon cured ate" Intal IMe lor woundr cuts and bmiasa. It aoon curse Rum? Scalds old wares Boils. Skia ri ?pliant. World's tmrn I- r I' :? ?I * ?dem? ?'bsr*;rr Co. and PHiandi Drag On SPENCER HEAVILY FINED Found Guilty of Conducting Disreputable Resort. APPEALS TO HIGHER COURT j Evidence Against the Man Brought Cut in Investigation of Csae of Flf- j teen year old Coley Girl?Louis J Lattlmer Goea Free. .|jnr s M. Spencer was found xu I- I t> in Justice Brown lu the police I court yesterday morning of conduct- | ing a house ot ill-fame at ?alter it , creek and was fined $112.75 and re- | ?Iuired to give bond In the sum or $.'iimi icr twelve months Attorney K. | M Lett, counsel for S|tenoer, noted an appeal to the Corporation Court ' and. Spencer was released on bail. I Justice Brown began the hearing on 1 this charge and the charge of adult- ; ery Tuesday afternoon mid continued it until yr- terday. The cbarg.. or adultery was dismissed. S; ? in-, r was charged with running a house of ill-fame and. it was a!< | leged. Mamie Ccley spent several 1 nights there. 11? also was indicted i by the grand Jury in the Corporation j Court on the charge of selling liquor , at the place without a license. He wmt tried by a Jnry and fined $1"0. Attorney l>tl noted an api>ea| In thai case to the State Court of Appeal:?. Louise Lamm? r who was acquitted ' of the charge of abduction by a jury Tuesday, and who was ? witness la the Spencer hearing before Justice Rrown. was admitted to ball by the justice Tuesday afternoon for her ap? pearance before him yesterday morn? ing. However, at that time another (Indictment charging abduction w-ssj pending against her and the knowl? edge that she had been hailed canst i some surprise in the Cor|>oration Court yesterday tin ruing when it be? came known. It developed tint Jus? tice ltrown did not know of the oth? er indictment pending against the w nun and thought that she merely was being held as a witiii aa Cartaln Berkeley entered a nolle prosetrul in the indictment against the worn in vesterday and she trat r leased from custody ARRANGE FOR FINAL DEMOCRATIC RALLY City Committee Meets Tonight?Hon. S. J. Kelly Will be the Speaker. Final arrangements for the second and last Democrnti.< rally of the prey en' earn: a go will be made by the city De^ . loratic committee at a meet? ing tonight at the city hall. Cbalruun Newman was notified yesterday by State Chaitrman J. Tay? lor Kllyscn that Hin. Sarauel L. Kel? ly, of Richmond, will speak here Mon? day night. The meeting will be held ; at the Academy of Music. At the meeting of the committee tonight, announcement will be made as to whether or not rubber stamps I may >be used at the election in pirt Mng the names of Councilman J. C I Wallace, candidate for constable, and Col. O. B. James, candidate for su? perintendent of public instruction, on th'- ballots. Mail Carrier Areeted. fBv Assocleted Pres? ? WASHINOTON. D. C, Oct. 27?: Charles Cent, a star route mail car- j rier between Cleveland and Carrie,' Va.. according to ail vices received by the poutoffice department from In- i spector Irving, has been arrested on charges by Inspector Irving, of ?m hiislerecnt an<] destroying mail. In-,I spector Irving reports to the depart- |] raent that the evidence Is conclu? sive." ?U a Top reotch Doer. Great d?eua compel regard. The world crowns its doers. That's why tie American people nave crowned Dr King's New Discovery the King! of Throat and Lung remedies. Kvery atom Is s health force It kills germs, i and colds and la grippe vanish. It heal* cough racked membranes and coughing stops Sore. Inflamed hron rhlaJ robes snd lungs are cured and hemorrhages cease. Dr Oeo. More. Brack Jack. N C. writes "it eared sag of lung troubl \ "renounced hope? less by lT doctors.- Sue. fl.M. Trial bottle free Guaranteed by Acadea&y Pharmacy Co. aad Pataold Drag Ob. THROUGH PULLMAN SLEEPER OLD POINT to NEW YORK via CHESA? PEAKE A OHIO RY. Ceaaaseoctsg Monday. November ist tae C $t O wfP. manr tr?te PiiU man Pleeptng csr :ine hetweea Old Point. Newport New? and Washington, Baltl \ mor#>. Philadelphia and New York via Richmond A R.F.4 P.R.R. TRarX carrying this sleeper leaves] OW hht i > t a aad Newport i Mews i X p. as arrirlag Washing , trss u jf, p at aad New Tor* 7 owl a. at. I OWES HER LIFE TO Lydia E. Pink ham's Vegetable Compound Vienna. VY. Va. ? " 1 feel that 1 owe the last ten years uf tny Iii? to Lydia 9>. ' ?1-1 K. Pinklutni's V ege jtable Compound. I Klevcii y .Ii ? ago 1 H .iI it \\ ulkiug I shadow. 1 had been under ttie doctor's i arcbutgot no relief. My husband per j-:,.nl'-d nie to try Lydia. K. rinkhaiu's Vegetable Coru na nnl ami it wortratl like a eliarm. it re _I lie veil all my pains I advise all suffering women to take I.ydiaE. l'inkluiui's Vegetable Compound."?Mt**. Emma Wioaton, Vienna, W. Va. Lydia K. Plnkliam's V? getable Coin pound, made from native roots and herbs, contains n?> narcotics or harm? ful drugs, and to-day holds the rccoid for the largest number of actual cures of female disease, oi any similar medi? cine in the country, and thousands of voluntary testimonials are on tile in the link ham laboratory at Lynn, Mass., from women who have been cured from almost every form of female complaints, inflammation, ul ceration.displace men ts.tibreid tumors, irregularities, periiKlio pains, backache, indigestion and nervous prostration. Every such suffering woman owes it to herself to give Lydia B, I*inkhamV Vegetable Compound a trial. If you would likespevial advice about > our case write u confiden? tial letter to Mrs. Pink hum, at Lyuu, Mass. Her advice is free, and always help! ul. sind mlserv I GET THE HABIT WAICH mis SPACE SATURDAY 'TWILL PAY YOU! MEYERSON'S Clothes Shop Cor. Thlrti.th St. and Washington Avo. WATCH US GROW TAILORING That Satisfies EMBRACE THE OPPOR? TUNITY Py calling and selecting your fall and winter suit frost our iarwe stock of FALL WOOLENS. Hood work ts mir awrrens. We ran at ..n.l please yon. T. P. Keating TAILOR, 221 ?Mh tt. Wsnsjsrt News. Va. J Capital Dry Goods House Ps10?v12 WASHINGTON AVENUE. Ladies' Wool Underwear WHITE RIBBED VESTS, knit from fine toft worsted yarn, fleec? ed lined, good full sizes, shaped wsist, *sry tfasMHl. crocheteu" around neck, with silk tape inserted: pants to match; $1.00 value. SPECIAL, 75c PER GARMENT. NATURAL WOOL VESTS knit from pure worsted yarn, silk binding around the neck, front and pockets; mude yoke s?aped at waist, elaet.c rtsftad cuff* and skirt, with pearl buttons; $1.00 value. SPECIAL, 75c. No Money Is No Excuse. WE WILL TRUST YOU FOR ANYTHING IN HOME FURNISHING LINE IF YOU WANT THE BtST GOODS. BEST BARGAINS AND EASIEST TERMS. YOU SHOULD BUY FROM OUR STORE. LARG? EST LINE IN THE CITY TO SELECT FROM. Newport News Furniture Co., 3007 9 Washington Ave. m THE KEY TO SUCCESS m IS A THOROUGH BUSINESS EDUCATION. TIME TO ENTER? NOW 1 All commercial branches taught, viz: Bookkeeping, Arithmetic, Pen ? manship, Rapid-Calculation, Bu^'rees Correspondence. Shorthand, Typewriting and Spelling. Telegraphy taught in night school . DAY \ AND NIGHT SESSIONS. Graduate-, placed in positions. /NTEfrNA T/ONA L Third Floor. Fir6t National bank building. Bell Phone 350. !, J. M. RE5SLER, President, C. A. HANSON. Principal. (|( DID YOU EVER STOP TO THINK REASON THIS OUT FOR YOURSELF: SUPPOSE YOU ARE PAY? ING $20,00 A MONTH RENT; IN FIVE YEARS YOU PAY THE LANLORD $1,200. HAD YOU APPLIED THIS AMOUNT TO THE PURCHASE OF A HOUSE, YOU WOULD TODAY BE THE OWN? ER OF A NICE HOME INSTEAD OF THE RENT RECEIPTS YOU HOLD. IF YOU PA* A HIGHER RENT, YOUR HOME WOULD BE JUST SO MUCH NICER WITHOUT ANY ADDITIONAL EXPENDI? TURE. IF YOU ARE INTER STED IN OWNING YOUR OWN HOME, WE WOULD BE GLAD TO TALK THE MATTER OVER WITH YOU. TERMS TO SUIT. OldDomin/on Land Company HO I EL WARWICK ?UII.UINQ. It Is Uaaless to Save Money rnles; yon fceep it In a sale place. Left at home, carried upon the j person, or loaned without proper security. It la not safe. You may I lose it or be ro'died If your cany it about with you: and there has i probably been more money lost by making unsecured loans and In i speculation than in any other manner. There Is, however, one place ' where vour money will be absolutely safe, and that Is with SCHMELZ BROTHERS, Bankers THE LARGEST AND STRONGEST BANK IN THE CITY. 4 PER CENT ON SAVINGS ACCOUNTS. Ample Guarantee The reaonroep of the FirU National Bank, of NVw port New*, are ample guarantee of ft* Kinanci* strength. Vonr account and banking bug i nee invited. THE FIRST NATIONAL BANK United State* I leporntary. Newport News, Va. Capital, $100.000; Surplus, $100,000 IF fO? IX) NOT DEPOSIT WITH CITIZENS & MARINE BANK Vou are sslsetnf eotee of the things to which y->u sra entitled. We lovita thoee wiehinf to estebi.eh relations with a safe, strong hawk to da business with us. snowing ear service will prove sat is factory. DIRECTORS! T. M ?Jee.es a, O % Jone*. M ?. *we%er. l. P. Steaeass, * C. Gererrt, A. B Madtstt, e>ee Peyser. w. S. vest. [ T N) i A. Masses, tdWfn Ptttmee Oeo. S. West. Wood, Lime-Cement Sol* agent* for Hard Wood Charcoal and Otto Coke, Your pa? tronage aollclted. Benson, Phillips & Co 24th. 4 Virginia Ave. Both P ho nee, 7. When out shopping Why not lock for the eoo!?at place in the city, where you can enjoy a FIRS! CLASS DRINK ? ICE CREAM Plenty or r.iom. Stop In and rest. Health Food Bakery & Confec tioneiy Company Wellington A.em i a d Slat. &t. Oldest! Largest!Best Why send your work to Laundries I that give you inferior work, when you can have yoor work done at home by lo I oaf Laundries that are the most mod ; em, and nptodnte in the country, and I employ the most skilled labor that can j he secured. We claim this and can j bach what we say, send us s trial I package of 'aundry, and let m con* ? vlnce you ihat we can j:ive yen bet ' tor results than ran be cbtaineo else i Where. AND WE AHE LOCAL. Foreign Mission is alright but cjarlty begins at home. V.'e most cordially I Invite the people of Newport News j to pay our plant a visit. We will take ptenssrN in show ing yon our methods I of doing better work than any other. Work called for and delivered wltb dispatch Both Phones No. 10. Warwick Steam Laundry Newport News. Vs. arid WOOD i cord Pino Wood $1.75 i cord Mixed Wood $ 1.80 I cord Oak Wood $1.85 No extra charge for entmin?. ! AI) coal well screened and kept un? der sheds both wood and coal being delivered perfectly dry. Distilled let Co. SSrh St. and C I 1 Hy. Bell 'Phone BS. CK*. T?h*we BBS. J. W. COURTNEY COAL onl WOOD 14 Cord pine Wend.Sl.Tf % Cord Mixed Wood.St Se? lb Cord Oak Wood.S1-SB Aav> fab lot af Wood. Oak or Pine, at ?1 J? far ajaener of cord. No extra char** for ?afttttmg T*? bar grades of coal f. tee 2owwet nf '? bet price d2T TevsttSassaend Bs. Both f 'honoo SO