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THE NEWS OF NORFOLK ON PAGES TWO. THRER FTVF AMn stv
COURT DECISIONS. Notes of Cases Recently Decided, Which are of Interest to Our People. DIGESTED BY W. B- MARTIN, (Exclusively for Vlrglnlan-Pllot) WM. NAEGLIN ET ALS. V. D. M. DE CORDOBA ET ALS. Supreme Court of the United States, October 24, 1S98. A RELEASE BY THE NATURAL GUARDIAN O P CHILDREN, WITHOUT THE SANCTION OF SOME TRIBUNAL, WILL NOT CUT OFF ANY CLAIM OF THE CHIL? DREN TO AN INHERITANCE. This was a suit brought in the Terri? tory of New Mexico to determine the respective rights of several illegitimate children of Frederick Metzger, an un; married man, to share In his estate, he having died intestate. The court says: While under the common law Illegiti? mate children did not Inherit from their father, the statutes of New Mexico in? troduced a new rule of Inheritance. Natural children In the absence of le? gitimate, are heirs to their father's es? tate, in preference to the ascendants, and are direct heirs to the mother If she die Intestate." In other words, under this statute, there being no legitimate children. Illegitimate children Inherit. It appears that on March 19, 1875, and while Metzger was living, the mother of these plaintiffs, then minors, In her own right and for the minors, receipt? ed and relinquished all claims against him. Without stopping to consider what was meant by that release, and giving to It all the scope which its lan? guage may suggest, we remark that a natural guardian has no power to re? lease the claim of a ward-to nn inherit? ance without the sanction of some trib? unal. The decree Is affirmed. RITZ V. CITY OF WHEELING. Supreme Court of Appeals, West, Va. November 23, 1S9S. CITY OF WHEELING IS NOT LIA? BLE FOR THE DEATH OF A CHILD ACCIDENTALLY DROWN? ED IN ITS RESERVOIR. A LAND OWNER IS UNDER NO DUTY TO A TRESPASSER TO KEEP HIS PREMISES SAFE. SUCH TRESPASSER CANNOT RE? COVER FOR INJURY CAUSED BY UNSAFE PREMISES. UNLESS THE NEGLIGENCE OF OW$sTER WAS SO GROSS AS TO AMOUNT TO A WANTON INJURY. Sarah Rltz, a child of less than five years, was drowned in a reservoir main? tained by the city of Wheeling to fur? nish water for public, use, and the ad? ministrator brought action against the city, and the court gave Judgment for defendant, and the plaintiff appealed. The court pays: The material facts of the case are un? disputed and the eise presents simply the question of law whether, upon the fucts, a liability rests on the city. The question Is, was the city guilty of neg? ligence. Negligence la most frequently a question of mixed law and fact, prop? er to go before a Jury: but, where the facts are such that ordinarily men will not differ ab->ut their effect in nyt show? ing negligence, it becomes a question of lew for the court. The law seems to be thnt a city or town, In the use of Its property, though for purely public pur? poses. Is liable for negligence as pri? vate owners. Thus we encounter In this case the question whether the city was guilty of negligence to which we can attribute the death of the little girl. There can he no negligence charged upon a person unless he rests tinder a duty to the person complaining of dam? age at bis bands; for if there is no duty violated .though there may he grave damage befalling the complaining party, be has no ground of action. It Is a case denominated in law .-is "dnmniini ebsquo. Injuria,"?damage done, but without violation of a right in the in? jured party: a. misfortune unaccompa? nied by a breach of duty by the party Inflicting the Injury. The reservoir and the lond containing It were the private property of the city, used, not as a park or place of public resort or com? mon, but only for reservoir purposes. The child w.?s a trespasser. If you can An Excellent Combination. The pleasant method and beneficial effects of the well known remedy, Syrup of Fias, manufactured by the California Fio Syrup Co., illustrate the value of obtaining the liquid laxa? tive principles of planLs known to be medicinally laxative and presenting them in the form most refreshing to tho taste and acceptable to the system. It is the one perfect strengthening laxa? tive, cleansing the system effectually, dispelling colds, headaches and fevers gently yet promptly and enabling one to overcome habitual constipation per? manently. Its perfect freedom from every objectionable quality and sub? stance, and its acting on the kidneys, liver and bowels, without weakening or irritating them, make it the ideal laxative. - In the process of manufacturing figs are used, as they are pleasant to the taste, but the medicinal qualities of the remedy aro obtained from senna and other aromatic plants, by a method known to tho California Fio Syrup Co. only. In order to get its beneficial effects and to avoid imitations, please remember the full name of the Company printed on the front of every package. CALIFORNIA FIG SYRUP CO. SAN FRANCISCO, CAI. LOUIBVTUCE, KY. NEW YORK, N. Y. Per sale by all DruggUt*.?Price 60c. per bottle. say a child can be a trespasser. It was a trespasser, In legal sense; that Is. it was on this property without right. The city was not bound to watch It. It could be liable to It only for willful or wan? ton injury. But ft is contended that, while this doctrine that no duty lies upon the owner of property to keep It in safe condition as to trespassers applies to persons' who have attained years of dis? cretion, the case Is wholly different as to children of tender years: that as to them the owner cannot use the prop? erty ns he chooses, but must so use it as not to injure them. Ought a farmer be liable for falling to put a picket fence around his pond necessary for, his cattle? If he does not, some little boy will climb the fence Into the farmer's Meld, drown In the pond, and sue the farmer, on the same principle. The dam that contains water to turn the mill wheel, having a path around It shaded with willows, is very alluring to the child and the man. Must the miller Inclose It? The canal, with Its towpath nnd frogs, Is very attractive to the little boy or girl, and dangerous, too. If a child drown in it. Is the com? pany liable? How many more Instances of things useful In lawful business, and withal very attractive to children, and very dangerous, might be put? And the rule contended for says that, if the thing causing the injury be attractive or seductive, the liability attends It. This rule "would charge the duty of the protection of children upon every member of the community except their parents." A very onerous duty! But a most important matter Is, what Is the negligence claimed to sustain this action? It is that there was a gate of entry Into the Inclosure containing the reservoir, which was sometimes open, and that there was an opening under the picket fence several feet deep to allow water coming into the reservoir Inclosure from the hill above, from rain, to pass out so as to keep it from en? tering the reservoir and polluting its water. The place was uninviting and dangerous, and there was no ground for the city to anticipate that parents would allow their children there, on very dangerous ground, or that one would crawl under the fence, through .this single necessary opening- The city used all due precaution An owner Is not required to provide against remote and improbable Injuries to trespassing children. One using his property In a lawful way is not under obligation to save others from Inevita? ble accident. "He performs his duty when he uses reasonable care and pre? caution." Even if the city owed a duty to the child, it was only of ordinary care. The fact shows that the city took all reasonable precautions, and this Is an unfortunate, inevitable accident, for which it Is not liable. Now, would a farmer or mlllowner be liable because he left a drain under his fence, and a child happened to crawl through It and fall Into the pond? Cer? tainly not. It Is an unexpected, Inev? itable accident. Neither is Wheeling liable. I oppose Imposing upon the Innocent public heavy damages for the accidents and misfortunes which always have and always will attend human exist? ence. The safety of the many is to be preferred to even the suffering and misfortunes of Individuals. Judgment affirmed. All In sight of monument. "Newest Discovery" extracts teeth painlessly. N. Y. Dental Booms. Knncs only, 324 Main street, corner Talbot. Hl. K. Hund?? fcclioal Association. The monthly meet ng of the Mcthodisl Sunday School Association of Norfolk and Berkley was held at Centenary Church at 3:30 o'clock Sunday after? noon, with the president, Prof. Jones, In the chair. Tho exercises were opened with sing? ing by the choir and prayer by Rev. W. IT. Edwards. Rev. I.loyd T. Williams, of Trinity Church, made a highly Interesting and instructive address on "The Origin and History of tho Sunday School and Its Relation to the Church, and What Con? stitutes nn Efficient Superintendent and Teacher." The question, "What are the best methods of securing and retaining at? tendance unon the Sunday school?" was discussed by Mr. George W. Roper, su pcrlntcndcnt of Epworth school; Cap? tain M. C. Keeling, of Chestnut Street, Herkley; Mr. W. W. Vicar, of Queen Street, and by President Jones. Owing to the absence of the secretary no reports from the schools were read. The full choir of Centenary Church was present and delighted the audience with some fine music. The next meet? ing of the association will be held with McKondroe Church, Brambleton Ward, on the second Sunday afternoon in May. Minister's Union Hccilusr. At a meeting of the Ministers' Union of the North Carolina and Virginia Missionary Baptist Association which was held In Star of Zion Baptist Church yesterday, a resolution offered by El? der Robt. A. Lee, recommending that this association at Its annual session in July next, adopt ways and means to purchase twenty or thirty or more acres of land in one of the three counties of Nansemond, Southampton or Isle of Wight, the object being to establish an industrial and educational institu? tion and the erection of suitable build? ing to that end, under tho auspices of the North Carolina and Virginia Mis? sionary Baptist Association, was unan? imously adopted, nnd the following elected as a committee: Elders Robt. A. Lee, Moses Tynes, E. Wise, N. S. Martin, J. W. Drew, W. H. Lyons and Geo. T. Tollver to select a suitable site nnd report the same to the annual ses? sion July next. Th? Week or Prnyer. The week of prayer for better Sab? bath observance ordered by the Na? tional Woman's Christian Temperance Union was opened yesterday at noon. The meeting was exceedingly interest? ing, and all present felt tho power of prayer, and that no work prosecuted through this medium could fail. The meeting to-day will be led by Mrs. A. C. Miley, and all Interested in the pres? ervation of the Christian Sabbath are Invited to attend. Womnn'n Mlaslnnnry .Noclely To?I>ny The monthly meeting of the Woman's Foreign Missionary Society of Epworth M. E. Church, postponed from last Fri? day on account of the heavy rainfall, will be held to-morrow (Wednesday) at 4 o'clock, at which time the Easter of? ferings for missions will be brought in. Every member Is expected to be pres? ent, and all lady members of the church are Invited. TEMPERANCE TALKS. Under Auspices of Woman's Chris tian Temperance Union. Addresses by Rot. Dri. JT, J. II nil, W. J. Young, mid J. ?'. Burrctt, nl Pnrk Avonn? Unptlst 4 bnrcti, Itrnmblc ton Ward, Suudity Arter? 1IOOU. Su-.day at 3:30 o'clock In the Park Avenue Baptist Church, a gospel tem? perance meeting was held under the auspices of the 'Woman's Christian Temperance Union. A large congrega? tion showed their deep interest and ap? preciation of the three eloquent speak? ers on the program by being present. Dr. J. J. Hall, pastor of the church, presided. He made a few remarks be? fore Introducing Dr. W. J. Young, the principal speaker of the occasion. He said there was one thing among many others that he very much admired about the organization under whose auspices they held the meeting and that was its personal work. That the prohi? bition party, and other organizations, would let a man belong to it whether he drunk or not. All they required was that ho vote right, that is with them, but that no one could belong to the "Wo? man's Christian Temperance Union and drink, and that they must live up to the pledge in their daily lives. He thought every man put upon the police force should sign the pledge. As they were guardians of the people they should pledge themselves to protect their in? terests against the greatest evil that menaces the peace of a community. He thought nil men In office, put tliere by tho will of the people, should lie total abstainers of alcoholic drink. That he was more determined to fight to the end the greatest curse of humanity, 1. e., the liquor traffic. DR. YOUNG'S REMARKS. Dr. W. J. Young was then Introduced and made one of his most forceful ad? dresses, saying that he recognized fully the great work the W. C. T. U. was do? ing and thought they were not having the support and co-operation of the Christian churches and Christian peo? ple that they should have. He took as Ills subject "My Personal Attitude To? ward the Liquor Traffic As a Man, As a Christian," and said that a true Christian could not be anything but a total abstainer; not only should he live a life of total abstinence, but he should carry it with him into that most re? sponsible of influences, the ballot box. He had no iiatience with that kind of a statement that says you can take your religion with you everywhere but into your politics, and at the ballot box. That was sometimes the Dlace where It would tell the most. He thought there should be no compromis? ing position for a Christian to take, that he would not think of keeping caged Hons or any other kind of rav? enous beasts in his home, for fear damage would be done to his own loved ones or others, and for the same reason he would not in any way compromise with alcoholic liquors. Every Chris? tian should make glad the earth in helping others to he bright and happy, in diffusing Joy and gladness every? where, even as did the blessed Christ whom they pretend to follow, while the liquor traffic carried with It sorrow and distress, the blackness of dispair follow? ing in its trail, both in this world and the one to come. Dr. Young snld If every professing Christian would do this duty nt home and at the ballot box. the open saloon could not exist nor could the liquor traffic ride red-handed over our land. He encouraged the workers by telling them to go right on In their efforts, and said that while we might not live to see the victory, that God's cause always triumphed, and ns this great evil was the greatest barrier to the i>rogress or the Christian church, we were sure that He was with us. DR. BARRETT. Dr. J. P. Barrett, of the Christian Memorial Temple, spoke along the dif ferent lines of work dono by the W. C. T. U.?evangelistic. flower mission, prison and Jail, printing, etc. He ex? plained to the audience fully their Im? port and .purpose. He alluded in the most touching monner to their rescue work, told of the work done by keeping an open door In the whlskey-so^ked town of Phoebus, called the "Soldiers' Rest," the one place where an old sol? dier from the Home, or a young one from the fort, or any other man, can enter and get a cup of coffee or puie water without being tempted to sin; a place where they can find good reading matter ,a missionary and his wife al? ways there to tell them of the water of lifo freely offered to all, and point them to the Lamb of God who takcth away the sin of the world. AN APPEAL. At the close of his remarks Dr. Bar? rett asked for a liberal contribution from the people to help this noble band of Christian women to carry forward to greater success all these different de ; partments of work. He marvelled that I? IT CUItA RLE T A ?lueMlon Ofieu AsRed by Tbosc Afflicted Wltb Plies. Is a strained joint curable? Is local ln hamatlon curable? Of course, if properly treated. S>o are piles. Pcoplo becomr? afflicted with plies and ask some old "chronic" who has always persisted In the wrong treatment and naturally discourages them by telling them that their case Is hopeless. They In turn discourage others and thus a disease that might In every rase be cured by careful and skillful handling Is allowed to sap the energy of thousands who might free themselves of tho trouble In a few days. Pyramid Pile Cure will cure tho most aggravated case of hemorrhoids in an as? tonishingly short time. It relieves the congested parts, reduces the tumors in? stantly no matter how large, allays the lntlummailon and stops tho aching or itching at once. Thousands wh? have resorted to expen? sive surgical treatment have been cured by tho Pyramid Pilo Cure?In a number of instances persons who have spent months In a hospital under a pile spec? ialist. It is n remedy that none need fear to apply even to the worst aggravated, swollen and Inflamed heinorrhold.il tumors. If you are afflicted with this stubborn disease you can master It and master It quickly. Vhls remedy Is no longer an experiment, hut a medlcnl certainty. It Is manu? factured by the l*yramtd Drug Co., Mar? shall. Mich. Druggists sell It at 50 cents per box. It Is fast becoming the most popular pile cure the country has over known and druggists everywhere aro ordering It for their customers. . apii.13,15 they could do so much with so little means and such scant support from the Christian people; he wondered why every Christian woman did not wish to join their ranks and give them their sympathy and help. Sweet music was rendered by the choir. Y. M. C. A. SUNDAY. HISTORY OF FAMOUS HYMNS BOYS' GOSPEL ARMY. The service at the Young Men's Chris? tian Association hall Sunday afternoon for men was of a very Interesting char? acter. The program consisted of song service, accompanied by the associa? tion orchestra, responsive readings and vocal solos. Rrief accounts of the way in which some half dozen of the famous old religious hymns came to be writ? ten were given by Secretary Meacham. Prof. Ward sang with much expres? sion Phoebe Cary's "On? Sweet Sol? emn Thought." The service was thor? oughly enjoyed by the large audience prevent. Few persons realize what a remark? able work is being accomplished through the agency of the Roys' Gospel Army, and the Junior Department of the Norfolk association, under the di? rection of Assistant Secretary Page. The average attendance at the meetings of the Boys' Gospel Army during the last four Sundays, was 196. It is a most Interesting sight to see' the two sections of the Junior gymna? sium class taking their Saturday morn? ing drill under the efficient direction of Mr. W. H. Ward. I?i. llofTuinn Rrtigni. Dr. Van Telburg Hoffman, assistant Marine Hospital surgeon, who has been In charge of the Marine Hospital ofTlce In the Custom-house, has resigned to accept the position of district surgeon with the Atlantic Coast Line. Assist? ant Marine Hospital Surgeon H. S Cummtng, of New York, arrived in Nor? folk yesterday and relieved Dr. Hoff? man. I.nlii l i? i <>i Hc|>nir?. The steamer Norfolk, running be , twoen Norfolk and Washington, nrrived from Washington yesterday morning The Lowenberg Specialty Store. Ladies' Bhck Sateen Underskirts, deep flounce ruffle and dust ntitle and t'eatherboned, Special, $1.00 Ladies' White Petticoats, double flounce of cambric, ruffle and dust ruffle. Special, 48c. Special Sale Suits at $9.88 Worth up to $22.50. BENJ, LOWENBERG, KOKFOLR'S COSTUMER, I 34 Granby St? Columbia Building. REPAIRING TRUNKS A SPECIALTY We guarantee all trunks bought of us fo.- one year and repair them free of charge. WO point the name and address I on your trunk gratis. Leather Name T.ics eiven away will? all leather bai;^ and Dress Suit Cases. A FEW SPECIALS FGR THIS WEEK TRUNKS. A smiarc-top Canvass Trunk, brass holts and clamps. Iron bottom, brass knees on top and bottom, steel strap hlnces, 2-solc leather straps, division for hat box. $375. DRESS SUIT CASES A Leather Dress Suit Case, worth 11.00, our price J2.7.V . ?_ A Leather Dress Suit Case, worth Jo.OO, j our price, 53.75. Roller Tray Trunks, Bureau Trunks, Theatrical Trunks, Leather Trunks, Automatic Tray Trunks, Basket Trunks, Steamer Trunks, Metal Trunks Wo havo a complete stock cf Traveling Bags and Dress Suit Cases. Laoles' and Men's Pocket-books TravelinK Goods of [nil k nds such ns. Clocks. Drinking Cups, Flasks and Traveling Companions. Clve us a call. It will pay you. jiOiiQiK Tiia Factory, 172 Church St., near Main. Baking 4 Powder ?&SQ?m ELY fe?KE Makes the food more delicious and wholesome and sailed to Newport News for over? hauling. The steamer Washington, having been relieved by the Newport News, went uo yesterday evening In the prace of the Norfolk. A r>?>i tv hi ml Kiitertntiiiiivol. The elocution recital by the pupils of the Norfolk College for Young Ladies last evening was of such high character as to give Miss Thurston and Prof. Winston additional reason to be proud of their young ladies- It was rather a bold step to put upon these young ladies the task of acting in the roles of Shakespeare, in the attempted interpretation of whose lines many actors of talent have been foundered on the sea of public criticism, but, for amateurs. Miss Thurston's pupils sus? tained the parts well. The costumes in the scenes of "King Lear" and "Romeo and Juliet" wore truly Shakespearean, which added greatly to the production. All those who were assigned parts acted them well. The recitations at the opening of the program were rendered in a manner denoting exceptional talent on the part of the speakers, and the large audi? ence which tilled the hall was well en? tertained. The Itnnril ofTrndr. Tho quarterly meeting of the mem? bers of the Board of Trade and Busi? ness Men's Association will be held this afternoon. Reports wUl be submitted by tho officers and chairmen of the va? rious committees. A vote will be had on the by-laws, bureau of credits and other business that may be brought up. Our line of Stick Pins Is the largest to be found In the city, and at way down prices. THE GALE JEWELRY CO. i OTHER LOCAL ON PAGE 6. A NEVER-TO-BE-FORGOTTEN Weck in Norfolk In retail Clothing buying. Tho BOSTON SYNDICATE CI^OTIUNG CO. were compelled to soil their immense stock of cttlslng for Men, Boys and Children for CASH. Our Washington. D. C. %ttrer. realizing the fact that our four retail branch storas could easily hhafile this enormous output, made them an offer at about 33c. on tho rroUar of their real value. Yours now for a slight advance of Its purchased price. "A word to the wise Is sufficient." -HERE ARE SOJVIX-EXCEPTIONAL VALUES". Men's Suits, strong and durable, that wero $4.00, this great sale price . Men's Suits, well made, size 24 to 42, drill I? and single-breasted, worth JS.OO this great sale price. Men's Suits, all-wool nov? el tics and effects, the acme, of perfection and worth $11.00. this great sale price. Boys' Suits, ages 14 to 10, Fancy Cnsslmcres, worth 14.00, this great sale prico. Boys' Suits, aur-s 14 to 19 years. Fancy Checks and Plaids. Tho prico was SC. but now this great salo price . Children's Suits, ages 5 to H years, manufactured to sell at $1.25, this great salo prico. SI.98 $3.98 $5.24 $1.88 $3.62 48c. Children's Suits, double breasted styl<?. In plain and fancy effects, worth $2, this great salo price . Children's Knee Pants, durable and well made, sizes 4 to 11 years. While they last you can havn them at this great eula price . Children's Knee Pants, Brown Mixed Tweeds. They are all right for wear worth 35c, this gieat salo prico . Children's Knee Pants, ores 4 to 14 years, fancy patterns, blacks, Ac, worth 50c, this great sale price.. Men's Pants, Fancy Cas slmeros. They wero indeed cheap at $2.00, but this great sale prico . Men's Pants. English ef? fects, taped sciams, full tailored made, worth $3.00, this great salo price . 98c - 5c. 17c. 23c. 98c. $1.62 Still groiiter values In higher grades. Come and look around. CANNON BALL CLOTHING CO. Opposite Academy of Music. 219 Main St., Norfolk, Va. ??o ooo o<?<?<> -**<t>o <*>?~? DETROIT Jewel Gas Range! it Pleases OTHERS Stove ei? Upwards of 200 in Use in Norfolk. FUEL GAS $1.00 NET PER 1,000 FEET. City Gas Company. \ Bargains in Bicycle Attachments! Now Is your chance to fit your Bicycle, out new for the riding season. For one week, beginning April 10th. we will sell Bicycle a..achmonta at manufacturer's prices. Search Light Limps 20ch Century Lamp . Sparkler Lamp . X-Ray Lamp Ad'.ake Gis Lamp .3.Ij Foot Pumps .j; Hand Pump .1?' Leather Toe Clips .36 Steel Wire Clips. ?? Pants Guards .J? Tool Bag .*5 Electric Stroko Bell.73 leader Bells .*? Pedals, pair.*f>\ Cyclometers .?> .$2.Gj| Handle p.it;> .$1.0 . l.O.'.i Adjustable Wrench .? . I 15 Fold'.ng Ccps .25 ,Tiro Tapo .,.5 Tire Cement .10 Lamp Brakel? .10 Bicycle I?cks .15 Grips, all colors, pair.15 Saddles Brown typo .JO Puncture Bands . .25 Morgan & Wright Inner Tubes only .iA. ,. Morgan & Wright Tires only ... Coasters, pair . Leather Grips, pair . .96 2.95 Tills is tho only opportunity this year you will havo to buy those goods it these prices. Conic cirly or you may lose the chance. * Agents for Columbia and Harttord Bieschs, Si corner MAIN AND BANK STS.