The times. [volume], December 07, 1900, Page 5, Image 5

About The times. [volume] (Richmond, Va.) 1890-1903

Image provided by: Library of Virginia; Richmond, VA

                
MUST FOLLOW
THE STATUTES
Cannot Su 2 to Enforce Tax
Liens
IMPORTANT DECISIONS.
Supreme Court Determines tlie I?in
billty cf Initial Carriers,
The Hi s hts of
Stockholders.
The most interest ins legal point decided
by the Court of Aeppcals yesterday was
t-liti question as to the mode In which the
State must proceed to enforce the claim
against the citizen for unpaid taxes. It
was the case of Mayre. Auditor, vs. Digits
and others, and was appealed from the
Circuit Court of Patrick county, and re?
versed. Jt involved some lands claimed by
tho Hon. J. Singleton Dig?* and others^
und upon which the State had a lien for
?unpaid t?sete.
The Virginia Coal and Iron Company
v?. The. Louisville and Nashville R. P.- Co.
Ax>pcalcd from the Circuit Court of Wise
county, presented some interesting ques?
tions -relating to the extent of the liability
?f a common ?carrier to the shipper for
the rat?-? charged hy other connecting lines
oter which th.? freight was transported.
Tlie lower court was reversed.
The case of J. I.. Dingus et als vs.
Minneapolis Imp. Co.; ?etc?., appealed from
the Circuit <*<>;_rt <>i Russell county, and
sustained, presents .?;?.??(? nice ppints as
to the effect and extent of the vendors
lien.
The case <>r Campbell vs. Eastern ?. ?
D. Association, ot S. X.. appealed from
Frederick courtly, related to contracts be?
tween -shareholders and mutual benefit as
.?-oc!att?>ns. and clearly defined tbe rights
?nd duties <?f borrowers from ?such asso?
ciations.
OX TAX LIKXS.
Mayro. Audlt?>r. vs. Dlgcs and ?-.?"hers.
?Voni Circuit Court of Patrick county.
Opinion by Judge Keith, P.
The bill In this case avers that the
title is In the State by virtue of its pur?
chase at a'tax sale, and that she comes
into a court of equity to restrain tres?
pass upon and waste of its property.
The main contention set up by the plea?.l
Jngs of the defcndrints -was that a court of
chancery is without jurisdiction to enter?
tain such a suit.
The right of th?5? Commonwealth as a
purchaser of the land at a sale for de?
linquent taxes is not insisted upon.
The decree of the Circuit Court, -which
in part grants tho relief prayed for by
the Commonwealth, and which is appealed
from because it did not grant all she
?lema-ided. rests upon the proposition not
that the Commonwealth is a purchaser
of the land in controversy, but lhat she
and the county of Patrick have a lien
upe>n it for taxes due and unpaid, and
it is this aspect of the case alone which
is considered in this opinion.
The Court of Appeals held that the
obligation of the citizen to pay taxes
is imposed hy the Slate, hy virtue of
her ???-.?creign power; that it is purely
of statutory creation, and that taxes can
only be levied, assessed and collected
in the mode pointed out by express stat?
ute, .ind tho lien given by the statute
can only be enforced in the mode pro
Added hy tho law of its creation, and
in no other.
Th?.? statutory remedies are salo of land
?or taxes :lnd distress of personalty,
-without exemption, which arc better, mor0
speedy and' efficacious.
The opinion o? the Circuit Court was
reversed.
LLVEILTTY OF CARRIER.
The Yirginia Ccal and Iron Company Vs.
ihe Louisville and Xashvillt Railway
< Vnwpany. .From tho Circuit Court of
Wise count??. Opinion by Jiulg??? Buchanan.
This wa-s an action of assumpsit by the
pla.lnrtiff in error to recover the sum of
SI.".40.0". paid in excess ?f the guaranteed
rate of ?freight on certain shipments cf
coal from Appalaehia. Va., to Worthing
ton, Ontario, over the de.fendant's road
nnd connecting lines.
The case was tried by the court below
?upon nn agr.-?--d state of facts, and a
Jinicmcnt rendered in favor of the defen?
sa nt.
In Oelohf-T, lSf?C. the Yirginia Coal and
Iron Company asked the Louisville and
Nashville Railroad Co., the ir<*_ght rate per
Ion on coke in car load lots between the
points above named! so lhat they could
?dvise a ?brokerage company which d?*?
pired to sell the coke to a firm in Worrh
luKton. The only duly established rate
known to tho parties was that of the
Louisville and Nashville to Cincinnati,
which was $1.10. und in quoting the
through rate the Louir.viile ?and Xasli
ville added t?e> its own Tale of 51.10 from
Appalachia to Cincinnati the SO cents rate
stated hy The O. C. Railways fr??m Cin
? ?:;::.iii to Toledo, and the S1.3C? rate stated
toy the Big Four, the CM. C. and the C. P.
Railroads tfroim Toledo to Worthington.
announced to the Virginia Coal and Iron
Company that the through rate would ?be
S?.20 per ton.
G??? <e-fleeting a rate the brokerage
en ran wrote the A'irginia Coal and Iron
?Company that they had made said sale
on a basis Of a freight rate of $3.20 a ton.
The Louisville and Nashville had nofiticd
thj Interstate Commerco Commission of
F'aid rate, as provided by the act of Con?
gress. ?_*. United States Statutes. ST.?, and
-poyted due notices, but the Big Four and
*\he other roads never did so. On Xovem?
ber -T. ?SH-. the Louisviiie and Nashville
was advised. (by the C. P. R?ewd that the
rat?? of ?3.20 was erroneous, and the Louis
vU'-s and XasOeiville at one? advised the
Virginia Coal and Iron Company of the
withdrawal of the tarilT rate.
On the arrival of the coke at Worthing
<on. the C I'. insisti'd on colle.ting
fne?glht on cald coke at the rate of J6.S0 a
tort.
The defendant in error denied the
plaintiff's rieht to recover upon two
grounds:
First. Thai no c?->urse of action arose
on its guaranty -until the principal whose
contract it had guaranteed 'had been
prosecuted to insolvency; and second, that
the contract guaranteed was in violation
D? ihesacl o? Congress entitled. "An act
to reg?late commerce, approved February
t. ISSI, <__. I"!. 24 United States Statutes
F.?. as amended by act approved March
BABY LAUGH
It belongs to health, for a
r>aby, to cat and sleep, to laugh
.nd grow fat
But fat comes first; don't ask
e scrawny baby to laugh ; why,
even his smile is pitiful! Fat
comes first.
The way to be fat is the way
to be healthy. Scotts emul?
sion of cod-liver oil is the prop?
er food, if he needs it; but only
a little at first
"?Ve'll ?cad you a litui to try ii you like.
SCOTT _. _?0*iVN*_, 409 l'cari ____., New ?.-?
BARGAINS IN DRESSINI. SACQ?ES
And a Great Many of Th?ta.
We had to have it so to get them at our figures. It's
the biggest assortment we ever handled; sizes for every?
body; colors for all conditions; styles to suit every taste.
They came to us at a bargain price. They are here?a
bargain for you.
The $4,00 qualities are $2.50,
The $3.00 qualities are $2.00.
The $2.25 qualities are $ 1.50.
The $1.50 qualities are $ 1.00,
These Collars and Real Lace Berthas
are too rich for a passili-*? glance. You'll want to study their exquisite
beauty and take in their delicate and delightful detail, then their
charni comes out aud you wonder at their little prices.
Arabian Lace Collars, in Ecru and Cream, each, S3.50. S3 and $1.75
Arabian Collars on Net, in Ecru and Cream, each $4.00
Russian Lace Collars, in Ecru aud Cream, each $5 to $10
Real Duchesse Lace Berthas, each, S12 to $35.
_. 1S__, th. 332, 25 I'nited States Statute .
?5.*.
The Court o'i Appeals overruled both
contentions, and. in closing th?* elabor?
ate opinion. Judge Buchanan said, '-Sure?
ly* a Snipper "will not ?be derived of the
?c.nctit o? an othc-rwi.se valid contract ior
the transportation of his goods because
connecting carrier.? have 'failed to per?
form their duty in givsag publicity to the
rate. It he ran. no one -will be safe in
makin?? contracts for the lsliIc or tran's
portat'on of his got?ds based upon the
published rale of the initial carrier. The
contract was not in violation of the Inter?
state Commerce act. ami the plaintif
was entitled to recover from tiie defen?
dant the ?mount of 'freight collected in
excess of the agreed rate."
Judgment of the Circuit Court reversed.
VDXlDC-l'S 1_IE_..
J. B. -Dingus et als. vs. Minneapolis Imp.
Co., &c_ From Circuit Court of Russell
county. Opinion by Jttcgc Cardwell.
In IKS. Oeorge Banner sold land to Xew '
South Mining and Improvement Company, !
to be cut up into lots. Under a new ar- \
rangement T. B. Rosser, president of said
company, on "Xov. 27th, ISSS. conveyed the
lands back to Banner, who in turn on the
same day reeonveyed it to Rosser in his
own right, a collateral agreement being
contemporaneously executed to the effect
that Ro.sser was to raise the money to dis?
charge certain liens of 'Banner's creditors
against the land. &c. ?Rosser, a.? a means
to raise this mon?y. fer a nominal con?
sideration, conveyed the land to the New
South Mining and Improvement Company,
of -which he was still president, and on
June 26th, 1SS9. conveyed the same to the
Miuneapolls Improvement Company, of
which Rosser was also president.
All the deeds were duly recorded, but
the collateral agreement -was not. On
March 20th, JS90, Banner sold and conveyed
to Rosser, ln his own right nnd without
any stipulations and conditions, the lands
embraced in tiie former deeds ar.d certain
other parcels, a vendor's lien being ex?
pressly reserved. This deed refers to all
the previous conveyances, and sets aside
and annuls them.
On ?_**??. 15th; 1S9_. Banner agreed with
Rosser to purchase and take back all the
unsold lots, in satisfaction of the notes
given by Rosser for the deferrtd payments
on the land conveyed in deed of. March
20th, 1S90. This agreement was entered
into pursuant to a resolution of tho board
of directors of the Minneapolis Improve?
ment Company, who, on December 1st. 1S01,
ordered a deed to foe --executed to Banner
in accordance with th?. agreement. This
Banner refused to accept, but insisted on
j the payment of th_* purchase money notes
secured by the vendor's lien in the deed of
March 20th, ISSO, on the ground that the
deed of November 13th, ?S91, was procured
by fraud. At the time of the execution
of these two last named deeds there were
no judgments against the Minneapolis Im?
provement Company, but in August, 1S92,
J. B. Dingus and others secured several.
?which were duly docketed, and in is:??; in?
stituted -.-nit to enforce same, and in 1S?T.
while the case of Banner vs. Rosser, .?*
Va., 23S. was pending, filed an amend-'d
bill making the executor, devisees ami
heirs at law of Banner, who had died,
parties defendant to the original bill. ;
The Court of Appeals sustained the opin. ?
ion of ihe Circuit Court in holding that
the right of the widow, devisees and heirs
at law of Banner, deceased, to lots and
land conveyed t.? Banner by the Minnenpo
lis Improvement Company by deed of De?
cember 2d. 1S91, pursuant to the agr?*;ment
between Banner i::id Rosser, of November
l?th, 1S91, is paramount to any judgment
lien of any creditor of said company in
this cause, as t.? ?nid lots.
M UT f AL ASSOCI AT I ON S.
Campbell vs. Kastern ?. & ?. Associa?
tion, of New Yo"k. From the Circuit Court
of Frederick county. Opinion by Judge
?Harrison.
The appellant being a member of said
association, appl'ed for and obtained a
loan of .5.000, which he secured by de?d of
trust, with a pleige of his stock in said
company as collateral.
The appellant paid most of the notes
secured by the (leed when due, but in ?
December. lS'?s. brought suit to have the
contract rescinded, and asked that the as
soc'ation be enjoined from collecting any
further sums, and that ii be compelled to
cancel the contract, return the unpaid
notes, and pay to him the amount he
had paid the association in excess of the
loan and six per cent, interest.
The contra?*! in question was a Now York
contract, and !s to be construed by the
laws of that State, but the case is the
same in principle, says the court, with
that of Building Association vs. Tir.sley,
96 Ya-, .*c_". when it was held such asso?
ciations do not possess the power to issue
certificates specifying a fixed period for
the maturity or the stock, and if the bor?
rower had fully kept the contract he is
July entiUed to receive what his stock had
earned:
The t?i*ms and conditions in the certi?
ficate and the by-laws of the association
all form, part nf the contract, and must
be lived up to hy the horrower. who. in
This case, is the member ??:" a mutual as?
sociation, and even if he understood the
contract to be? for a definite period, he
had no legal right to rely on such repre?
sentations, wliich ai-e not in the by-laws-|
and direct agreement of the company.
The decree of th. low? t court in favor
of the association is affirmed
THE SOUTREBN-S CASE.
Southern ?Railway Company vs. Com?
monwealth of Virginia. From the Circuit
Court of Shenandoah county. Opinion by
Judge (Buchanan.
This was a proceeding under section 14
of an act approved March .".d. 1S92. to regu?
late and control common carriers and de?
fining the duties of the Railroad Commis?
sioner in that regard. The object of the
proceeding was to compel the Baltimore
and Ohio Railroad and the Southern Rail?
way to re-establish a connection between
passenger train ?Xo. 14 of the former and J
Xo. 30 (new Xo. 12) of the latter road, at J
Strasburg Junction, which had been made
prior to December 10th. 1S9!".
The matter was taken up by the Rail?
road Commissioner, and was sent on to be
heard in the Circuit Court, which decided
that the connection must be restored,
which the Southern tried to do. but the
Baltimore and Ohio failed to do so, and
the "Southern asked that the proceeding
against it "be dismissed because of its ef?
fort to comply with said direction, but
the court held that both parties must be
rcoresf-nted at the hearing and be bound
!bv the decision, and from this the appeal
-was taken. The Court of Appeals sustains
the lower court and orders a re-estabiish
ment of the schedule.
The Bridgewater Roller Mills Co. vs.
Susan C. Shough. Guardian. From the
Circuit Court of Roekingham county.
Opinion bv Judge _ardwell.
This ?was a case of what sort of notice
is required in order to effect a sub-rogation
of the rights of ? creditor in a deed of
trust.
The court heid "iPrpof of actual notice
must be such as affects the conscience of
the partj* sought to be charged with such
notice, and is not sufficient if it merely
put him on inquiry, but must be so strong
and clear as to Jix upon him the imputation
of mala fides.*!
Tho proof in this case fails to establish
such notice to Mrs. Shough as to her
equities, when she united in the deed of
March 1st, 1S04. releasing her claims under
the deed of trust of December 2-d, ISSO.
The decree appealed from is affirmed.
CONFIRMATION OF REPORTS.
Susan ?\*. Tic.ball vs. Shenandoah Ka
fional Bank. From the Circuit Court of
Frederick county. Opinion hy Judge A.
A. Phlegar.
This was a. gen?*ral creditors suit by the
bank aforesaid agai-St the executor and
devisees of 12. te. Tidball, deceased.
The errors assigned were:
First. Overruling d?_murrer to the ori?
ginal bill.
S? .-ond. Overruling demurrer to the pe?
tition for review.
Both assignment? wer. sustained. The
court held that a decree of court con?
firming the report of a commissioner
confirms the report and nothing more, and
that the report must be read with the
decree to ascertain what was confirmed.
The rciport in this case was that the only
de'ot produced to the commissioner was al?
lowing another creditor, and not that the
present petitioning creditor had no claim.
A confirmation of such a report is no ad?
judication of the claims of credit?~irs which
were not at that time presented to the
c mmissicner.
THE SUMMARY.
Judge James Keith, presiding?Marye.
Auditor, vs. Diggs, et als. Circuit Court
of Patrick county. Reversed.
Judge R. II. Cardwell?Dingus et als.
vs. Minneapolis Improvement Co. Cir?
cuit Court of Russell county. Affirmed.
The Bridge witter Roller Mills. Co. vs.
Str?ugh. guardian. Circuit Court of
Buckingham county. Affirmed.
Judge John A. Buchanan?Virginia Coal
and Iron Company vs. B. and N. R. Co.
Circuit Court of Wise county. Reversed.
Southern Railway .Company vs. Com?
monwealth of Virginia. Circuit Court for
Shenandoah county. Amended and af?
firmed.
Judge George "te. Harrison?Campbell
vs. Eastern B. and L?. Ass'n of New
York. Circuit Court of Frederick.
Judgv? A. A. Phlegar?Susan W. Tidball
vs. Shenandoah National Bank. Circuit
Court of Frederick county. Reversed.
AYR ITS OF ERROR.
Price vs. Commonwealth. Corporation
Court of city of Alexandria. Writ of
error and supersedeas. Bond. .?100.
Broaddus. etc.. vs. Supervisors Essex
County. Writ of error Circuit Court of
Essex county. Eond; ?100.
Valley Bank. vs. Cook. Circuit Court
city of Lynchburg. Appeal and super
sedeas. Bond. $."00.
Littleton vs. Littleton. Circuit Court
of Loudoun county. Appeal and super?
sedeas. Bond, $130.
Copenhafer vs. Apperson. etc. Circuit
Court of Smyth county. Writ of error
refused.
Windle vs. Commonwealth. Circuit
-UUSCI-E AXD ?NOT FAT.
AVhat Thin Peonia Need to Hound
Ofl* the Corners.
What thin folks need is flesh or mus?
cle, not fat.
To be symmetrical ar.d properly pro?
portioned every person should have ? cer?
tain amount of excess flesh, but to be
plump does not necessarily mean to be
fat.
Fat is undesirable; it clogs and retards
the action of the muscles, interferes with
the healthy action of the heart and
lungs and when very excessive, predis?
poses to fatty degeneration of vital or?
gans, to say nothing of the discomfort
resulting fr.m too much adipose tissue.
Common sense would suggest that if one
wishes to bc-come fleshy and plump the
thing most needed would be flesh form?
ing food?that is. albuminous foods like
eggs, beef, oatmeal, etc.
The kinds of food which make flesh are
the foods we have on our tables every day;
but the trouble is that our stomachs, from
weakness or derangement of some kind
do not promptly and properly digest it.
Really, the principal reason so many
people remain thin is because their stom
achs do not properly and completely di?
gest and assimilate the flesh forming
beefsteak and eggs we eat every
day.
There are thousands of such people, and
they are really dyspeptics, although they
may not suffer any particular pain or in?
convenience from their stomachs.
If such persons and all thin people would
take after their meals some simple and
natural digestive, like Stuart's Dyspepsia
Tablets, the food would be quickly diges?
ted and the proper degree of plumpness
very soon .? results, because these
tablets are prepared exactly for
that puni?se. They digest every
variety of f]esh forming food,
which is the real reason why they so
quickly build up and strengthen thin,
dyspeptic men and women.
Stuart's Dyspepsit Tablets cure every
form of indigestion on this common sense
plan, that they thoroughly digest the
food' promptly, giving strength to every
nerve and organ in the body, and the .
weakened stomach a chance to rest and |
recover its natural? vigor. Xothing fur- "
ther is required to cure_ any stomach,
trouble, except cancer of the stomach.
They make thin, dyspeptic people strong,
plump ?ind well.
This excellent preparation is sold 50
cents for full-sized treatment by all drug?
gists in United' States, Canada and Great
(Britain.
Court of Rockingham county. Writ of
error refused.
Pollard vs. Va. Fire and 31. Co. Circuit
Court of Hanover. Writ of error re?
fused. ? -.,
Harris vs. Mutual Timbr-r. coal and
Coke Company. Circuit Court of- Dick
enson county. V?rrit of error refused.
Grant vs. Commonwealth. Circuit
Court of Shenandoah county. "Writ of
error refused.
Southern Railway Co. vs. Glenn's adfnr.
Motion to amend order. Motion refused.
Gilligan vs. Commonwealth. Order mod?
ified so as to operate only as writ of error.
Supersedeas revoked.
WAS REFUSED.
E. C. Gannaway. admr., Sx. vs_. Jane c
Tate et als. Petition for a writ of error
to a judgment of the Circuit Court of Pu?
laskI county.
A deed of trust executed March G. 1S0P.
conveyed. Inter alla, a lot of owes, to se?
cure a debt of the grantors. It made no
mention of the increase of the ewes. Tho
lambs yielded in the following winter
were sold and the price thereof garnisheed
in the hands of the purchaser by an exe?
cution creditor of one of the grantors. The
only question presented was whether the
trust creditor or the execution creditor'
was entitled to the fund.
The. Circuit Court held that the increase
of the ewes was subject to the trust deed,
and adjudged the fund to the. trustees.
From that judgment the ex?cution creditor
applied for a writ of error, which was re?
fused. The question of the right of a pur?
chaser who Raid for the increase was not
involved. Writ of error refused.
HEARD ON CAPITOL HILL.
Many Items ol* Interest Picked Up
About ?In? Siate Offices.
Major S. Ileth Taylor is, at the instance
of his father, compiling a volume con?
taining a complete history of the work
of the Governor's office ?luring the past
year. . He will probably have it ready for
the extra session of the Legislature.
Mr. W. Gordon Harvey, of Richmond,
has been appointed a notary pubtfe for
this city.
In the Court of Appeals yesterday Mr.
Miles M. Martin, of this city, presented
the resolutions recently passed by the
Richmond City Bar Association upon the
death of the late Judge John W. Riely, a
member of the court.
In presenting the resolutions, Mr. Mar?
tin delivered a brief eulogy upon the char?
acter and public services of the late dis?
tinguished jurist, which was touchingly
responded to on behalf of the court by
Judge James Keith, after which, as a
further mark of respect, the court adjourn?
ed for .the day.
Labor Commissioner James B. Doherty
is still busy on his annual report to the
Governor, which he will have completed
by the first of the year.
Among other things it will show a large
increase in the cotton industry of Vir
gina over that of the previous year.
Total value of goods manufactured du?
ring the present year is $3,656,199.16 against
$2,032,6S9.90, or an increase of $3,63:.,,??30.*K)
over the previous year.
Total number of employes in all branch?
es for the year, 2.S64. showing an increase
of 5S7 over the last report.
The total amount of capital invested in*
1900 is ?2,9S4,imr?6, against ?2,39S,400, which
is regarded as a larg; increase.
The Commissioner says his report is
going to show a large increase in nearly
all the industries of the State.
The charter of the Xat?r?l Bridge De?
velopment Company of this city, was re?
corded at the office of the Secretary of the
Commonwealth yesterday.
The president of ihr company for the
first year is R. T. Brooke, and the secre?
tary. R. S. Storrs, Jr., both of Richmond.
The objects of the new company are to
buy, lease and own land, and especially
tho '.TXatural Bridge .tract," in the coun?
ty of Rockbridge, and to erect hotels,
bath houses, swimming pools, etc.
The home office*? of the company, says
Uhe charter, shall be in Richmond, Va.
Hon. J. D. Ilanklns, ex-member of the
House of Delegates from Halifax, is in
the city anel called yesterday on his son.
Mr. J. G. Hankins, of the office of the
Secretary of the Commonwealth.
HER HEALTH IMPROVING?
Princess Troubetskoi May Soon Pe
Able t?) Resume Work.
A relative of Amelie Rives has just re?
ceived a letter .from her, from her res?
idence, near Xew York, in which she
says she is rapidly improving, and ex?
presses the hope tihat she will soon be
able to resume her literary work.
Princess Troubet/.koi has nearly
completed a volume of poems, which she
has been at work upon for years. The.
book will probably be published in Lon?
don.
Nothing has been heard here as to the
whereabouts of Mr. John Armstrong
Chanier, Amelie Rives' first husband, who
escaped froni Bloomingdale asylum seve
al days ago. His friends here believe he
is suffering from mental aberration and
is making his way to his beautful coun?
try place, '"Merrie .Mills." which is about
three miles from Castle Hill, the home
of the 'Rives', in Albemeirle county, where
he met and courted the; beautiful au?
thoress.
Mr. Chanier Is saiil to have a great love,
and ?fondness for "Merrie Mills," On
several occasions, when he was perfectly
well, he told his attorneys that, when
he was not well, they might do anything
tihey chose to do with his property but
sell "Merrie Mills." Mr. Julian Mortis,
of Louisa county, a famous business
partner of Mr. Chanier, saw Mr. Chanier
iu Xew York recently at an exhibition
for jumping horses. He does not think
Mr. Chanler's confinement was very
rigid.
CHURCH NEWS.
Annual Meeting of Board of Woman's
Work.
Rev. John W. Wohle, who was shot and
killed by Hon. David Stokes in a street
duel in Williamson Wednesday afternoon,
has many acquaintances in and around
Richmond. He was a post-graduate stu?
dent at the Union Theological Seminary
last year, and always stood very high in
the esteem of the faculty.
The decoration of the Epworth Method?
ist Church will take place on the second
Sunday in January. Dr. John Hannon
will preach the dedicatory sermon.
The w??:k at the . Methodist mission
building. Nineteenth and Main Streets, is
already under way for a new conference
year. Arrangements are being made by
the superintendent. Rev. George H. Wiley,
to open at an early day a reading-room
and c:re?i'*lt]*n3' !"-b'ary. On Tuesday night
of this week a free night-school class was
formed. Male and female of any age will,
be received, who are not attending the
day schools. Those who are able to do so
are expected to furni.?h their own books;
others will be supplied free.
An all-church social will be* held in the
lecture-room of Seventh-Street Church
this evening, from S olclock to 11
o'clock. All members of the congrega?
tion are expected, and the friends of the
churcb other than members are cordially
invited to be present.
The Philologian Literary Society of
Richmond College will hold its bi-month?
ly oratorical entertainment in the Philo?
logian Hal! at 7:45 o'clock this evening.
Rev. R. H. Pi". D. D.. left yesterday
for Raleigh. N- C. where he will, attend
the Baptist General Convention of that
State. _ .
A union service o?. the Seventh-Street
Christian Church and the Grove-Avenue
Baptist Church will be held on next Sun?
dav night, at which Dr. J. B. Hawthorne
W-.1 deliver a sermon on "What We Are
and What We Shall Be."
Rev. Dr. Robett Kerr, pastor of the First
Frc-bvterian Church, will, on Sunday
night'preach the first of a series of ser?
mons on the general theme "The Church."
There will he several discourses, following
a'week apart. The subject on Sunday
nicht will the "The Holy Catholic Church,
Accordinfi t0 Christ.?'
GET A COLD DEAL
IN PETERSBURG
Judiciary Committee National Council
Junior Order.
STATE OFFICERS MET THEM
No Definita Results Renehed, anil
Nono Likely to Be Attained.
?fow Separate Or^nni
z a t i ? n s .
(Special Dispatch to The Time..)
?FETKiittbi.'.'-.vj, VA., Dec. 6.?The mem?
bers of the Judiciary Committee of the
Xational 'Council, Junior Order United
American Mechanics, were in Petersburg
to-day for the purpose of hearing the
grievances of the? Virginia State Council,
and met with a cool reception.
They went to Odd-F?dlows' Hall, but
found none of the State oiheers there, and
no members of the State order ap?
peared befor;? the Judiciary Committee.
and their visit was without any definite
result.
A SEPARATE GitG?AiXiI7JAT?OX.
Tlie prominent members of the order In
Petersburg say the Virginia Council is
now a separat?- organization, having been
chartered by the State Legislature. They
see no probability of a. settlement of the
controversy between the State and Xation?
al Councils on any basis save that pro?
posed by the State Council, that tho
wrong inflicted on the State council in
denying it proper representation in the
'National Council be adjusted.
VIRGLNLA Ox-JaicFER.
The Order in Virginia is chartered by
the Legislature. The trouble between the
Virginia branch and the Xational Council
is of several yetirs' standing, and is owing
U? the question of representation in the
Xational Council. The members of the
Order ?in this State claimed that, owing
to the number of members, which is be?
tween 10,000 and 12,0C0. they were entitled
to a larger representation than a State
which had only a few hundred members.
Ibis was denied them, and Virginia Or?
ders refused to pay the capitation tax as?
sessed by the Xational Council. The Vir?
ginia Orders were lined for non-payment of
the tax and suspended from the Xational
Council. The Legislature was then ap
rtaled to. and granted the Oreler in this
State a charter, under which they have
since been acting. Unless the Judiciary
Committee decides to prorate the represen?
tatives to tho Xational Cou noil according
to the membership of each State, the Or?
ders in this Steite will not seek admittance
back to the Xational Council: as to the
capitation tax. the Xational Council w-ill
never be able to receive that, as it has
been returned to the subordinate lodges
throughout the State.
?B.-.XKRUPTCY CASE.
Charles E. Tench, formerly a merchant
at Crewe, hut now an employe of the
Seaboard Air Line Railway, filed a peti?
tion in bankruptcy to-day, through his
attorney, Bartiett Roper, jr. Litxbilities,
$2,G0O. Assets are about four acres of
land near Crewe.
Captain Ragland is mttc-h better to-day.
He is in good spirits, and talks freely with
friends.
J. G. Kent remains in a comatose state!
His condition is still critical.
The Chei mber of Commerce has prepared
for distribution a pamphlet containing the
articles, recently published in the Wash?
ington Post and Baltimore Sun. setting
forth the advantages of Petersburg from
commercial, industrial, social and educa?
tional standpoints.
FREDERICKSBURG AFFAIRS.
? Lancaster Couniy Couple Have
Trouble in Gottyintr Married.
(Special Dispatch to Tin? Times.)
FREDERICKSBURG. VA., Dec. C.?The
joint Committee of citizens having ?n
charge the new improvements recer.tly
authorized by tho City Council, expect to
have all the plans matured in time to be?
gin work on the general system of sew?
erage by January loth, and the street pav?
ing will follow .as the sewerage pro?
gresses.
The death rate in the city for Xovember
shows only 17.4 per 1.000 inhabitants, a re?
markably low record.
Mrs. Susan Stigier has sold her farm in
lower Fauquier county to northern partle3
for "fT.OXi, and Mr. Daniel P. Kelly has
sold his farm in Culpeper county to a
western buyer for .$2,?00O.
Rev. J. H. Green, of Xew Jersey, for?
merly chaplain in the United States Life
Saving Service, is visiting in Stafford, and
is conducting religious meetings there.
Mr. Asbury Sheiton and' Miss Alfrida
Kurz, daughter of .Mr. John J. Kurz, of
Stafford county, were married here last
night at the residence of the officiating
minister, Rev. Decatur Edwards.
The sale of real estate delinquent for
taxes to the city and State for ISO? took
place to-day in front of the court-house.
The list was a very small one, and only
a few bidders were present. (Most of the
pieces were bought by the city and State.
Mr. George. J. Brown and Miss Mattie O.
Towles. both of Lancaster county, ex?
pected to be married here to-day at the
home of the .bride's uncle, Mr. O. F.
Towles, and return home: by steamer down
the Peappahannock this afternoon. The
prospective bride arrived here several
days ago, but Mr. Brown did not reach
here until last night. Most of the ar?
rangements were made, and Rev. J. S.
Di!I was requested to officiate, but when
application was made of Clerk of Court J.
P. Corbin for a marriage license, it was
ascertained that the laws of the State for?
bid the granting of a licensee to marry to a
lady except in the county or city in which
she resides. The couple then decided to
?take the midday train for Washington,
and were married1 there this afternoon.
A large barn belonging to Mr. William
Deacon, located on his "Grafton" farm, in
Stafford county, was destroyed by tire
yesterday.
DESPERATE PRISONER.
The Jailer at Danville Has si Terrible
Struggle With Vester Griffin.
(Special Dispatch to The Times.)
DANVILLE. VA.. Dec. 6.?Jailer Geo.
White had an exciting experience to?
night with Vester Griffin, the negro un?
der sentence, to be hanged December
11.h. The condemned man had grown
desperate, burned up nearly all his cloth?
ing, wrenchexl the sash from the window
and loosenetl bricks from the wall, -with
WhTsuffer?
If you are troubled with constipation,
biliousness, dyspepsia, or any other dis?
order of the digestive organs Hostetter's
Stomach Bitters will cure vou. People who
have suffered for years from "weak stom?
ach" without obtaining relief have found in
this medicine a sure cure. It is atonic and
a blood purii?er. See that our private rev?
enue stamp covers the neck, of the bottle.
THE ONE HOSTETTER'S
TRUE ST0M- STOMACH
ACH REMEDY BITTERS.
CASH
; for acceptable Idees.
State if patented.
THE PATENT RECORD.
Baltimore. Ml
PEMBERTON'S
309 East Broad Street.
Friday is Our Remnant Day.
Cut prices in Colored Dress Goods, Suits and Walking
Skirts. We know we can serve you better, please you
more save you money, and all that, and we would like to
do it,' for it's our business to take ?ood care of your int?r?
?ts so you may take care of ours by continuing to trade
here and speak well of us to your friends. Here are fur?
ther particulars:
A .special sale of Dress Fabrics
Special, Lot 1?"Plaid Back Dress Goods,
similes: tan. blue. gray, brown and mode,
all this season's goods, reduced from
51.50 to.....9t.??)
Special, Lot 2?Plaid Back Dress Goods,
all shades. 5t* inehe.? wide, reduced from
?1.T. and S2 to.*?l.aii
Special, (Lot Z?Plaid Back Dress Goods,
in a wide range of colors, new styles and
very desirable, reduced from $225, $2.50
and .2.75. to per yard.?l.OO
$".'..50 Golf Suitings, in mode and hiuek.
reduced to.?j*?*.*".?
A special sale
Skirts.
of Suits and Walking
Ladies' Suit??. In black and blue, made
of tine Venetian cloth jackets, silk linett
skirt:?, fail tiare, lined wi'h tine French
percaline, ail sizes, reduced- from $12.50
to. .*fH.54.
Ladies* TOailltl.-g
black, mad?? ?,;" ;?. .
with nine row-? ??
patch pockets, r..'.
SPECIAL???.?:>
ani.1 have them
'kirts.
- kcrif
tn
?ur Drtv-s
blue and
nicety made
at bott?>m.
.!*?*.."JO
? ;.>.?<!- of us?
-.tlesj-?
??team sponsor PRKK QF CHARGE.
R. T. Pemberton & Co.
309 East Broad Street.
DON'T! DON'T! DON'T!
If you don't want
peace in the family;
If you don't want
to keep your cook;
If you don't want
to keep in a good h ti?
mor ;
If you want to have
dvspepsia;
Don't buy HAMIL?
TON'S SUPERLATIVE
FLOUR, which always
keeps people in a good
humor.
THE TAYLOR & E0LLIN6 CO., Wholesale Agents.
OLD DOMINION IR0N?ND N?ILWORKS
CUT NAILS,
BAR IRON,
HORSE SHOES,
TIN ROOFING,
BOLTS, &c.
Arthur B. Clarke. President,
R. M. Blankenship. General uprt.
Richmond, Va.
BOTH 'PHONES, 232s.
OFFICE AND WORKS: !
On Belle isle, Foot o? Be.videre Street.
VISITORS WELCOME.
We Guarantee Every Bag or Barrel of
ION FLOU
to give perfect satisfaction. If is the best Flour made, but costs ru?
m?re than others. Ii your grocer should not have it, mail us his aavan
and we will send you a trial package free.
oulton $c Tallmadge, Ag?s.
18 South Fourteenth Street. Richmond. Va.
Elegant Holiday Gifts.
We desire to announce that our preparations for the Holidays
have been* completed, and we now have the largest, most selec:
and elegant stock of
DIAMONDS, WATCHES, JEWELRY, STERLING
SILVERWARE, GOLD & SILVER NOVELTIES, &_.
*o be found in the South. ?_.'_.,-.
Christmas shoppers will therefore find it decidedly to then
advantage to visit this store before making purchases, as lower
prices for the same qualities*you cannot find.
The NOWLAN COMPANY,
921 East Maia Street.
which he defied Jailer White #to secure
him.
The latter grappl-rd with the powerful!
prisoher and aided by two policemen se?
cured the man after an exciting struggle ?
and put him in irons. i
Griflln'5 crime was the murder o?
Georgia King, a woman with whom he
associated. ?.
ARRESTED FOR GRAND LARCENY.
L*. II. Terrini Tukr-u in Custody While
at Home of His Bride's Friends.
(Special Dispatch to The Times..
I.EXIXGTOX, XA., Dec. 6.?Chief of Po
liee Pole last night received a telegram
from the Chief of Police of Omaha. X'eb.,
instructing Mm t?-> arrest E. II. Terrini,
charged with grand larceny. Terrini was
found at tho home of I. F. Sterrett, of
near Lexington, where he wa.? visiting
with his. bride, a sister of Mrs. Sterrett
and a daughter of the late Mr. ?. S.
Mackey. of Collierstown. They were mar?
ried in Staunton. Va.. November 2.Sth.
Terrini met 1rs wife at the World's Fuir
in Chicago. He represented himself as
a native of Brazil, and stated that r.** w.?.-:
educated in. this country and En-gland,
and had traveled extensively.
The prisoner is non-committa!. He ex?
pected to make Xew York It's home.
A Boy Gored by a Cow.
(Snudai Disietcb to 'tbe Times..
ROXBURY. VA., December d.?Llc
tle Joseph Bowry, son of Mr. and Mrs.
Charlie Bowry, was attacked Sunday by
a vicious cow while the little fellow was
playing in the field. The cow ran at
him, knocked him clown, tore h!_ face
and neck t?.ribly, and otherwise injured
him. It is thought it may not prove
fatal.
Mr. and Mrs. B. W. Crump and Mr.
Robert Perkins, of Xewport News, after
spending a few day? with Mr. S. W.
-rump, have returned home.
Miss Fannie Walker and Miss Julia
Walker, after spending a few days with
??*-"_ ? .rents. Mr. and Mrs. F. ? Walker,
of Roxbury. returned to Richmond Mon?
day, where lhey are teaching school.
Rev. L. A. Waddill. if Richmond, con?
ducted services at Roxbury chapel Sun?
day. The singing by Professor Garre tt
and his most estSmable wife *_?<__ highly
enjoyed. *- ' .
The Ladies" Aid Society of Emniar.
church will give a pie-party at th?? re I
dence of Mrs. George Smithle on Kr?!a.
night, for the- benefit Qt the church
They want fifty young men to ? ..t ? ! e
with fifty young ladies. There will b
vocal an.i Instrumental music t._> enllve ?
the occasion.
Olli?? Courtney, the young man who ha I
his hand amputated som?? tinte a^> from
being shot, is Improving slowly.
NORTH STATE METHODISTS.
Thel-ilsc-C'niit-- Affair Asaiu Calici!
to Alienrion.
(Special Dispateb to Th.? Times.)
'XEWF.Kit'N*. N. ?_'.. Dec. t?The most
interesting eventa ot the second day o!
Conference w "?? the passing; of the .-ii.ir
acter ot T. J. Gattla and the address o?
Dr. J. ?'. Ki'g>. When Mr. Gattla' came
was called ht-? Presiding Elder requested
the Conference to pass his character, as
there was nothing against hbn save th*
complications involved in his law suil
against Dr. Kilt:, and others; and this
His character vras passed, this action
b tng i?? aecord with that ot the Confer
.?!?.?? ..f last year. Dr. Kilgo. in his ?ul
I'.r?.-- t.? the ?_Onier.er.ee, referred to the
recent trial, and stated that he ha?l no
malice ?a his heart toward any m.tn: that
he cou'd not stand as a minister of the
gospel an?I hold malice toward any one.
He thur.ke.l the Conference for the action
of yesterday, assuring htm o? continued
confidence.
?He spoke of his love for the Conference
and Trinity College, and assured the body
of his determination t.j work for the In?
terest of both.
1-uiaski Points*
An attack of grippe-, followed by severo
raeumatsm and neuralgia, affecting one
eye. has for a month prevented Attorney
F. W. Morton from attending his office,
duties.
County Court convened yesterday. The
only case o? Interest was tb&t of the Akers
boy. who. some months ago. stoned a
passenger train passitis near Dublin. He
has been in the county jail three months
and was gives, six more.?PulaskI N?M
Review, ? , ?