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THE NEWS OF NORFOLK ON PAGES TWO, THREE AND FIVE
Baking FtoWDEtt Makes the food more delicious snd wholesome WOVI>t lAHtSQ POW0E? CO.. DEW ?C?K. COURT DECISIONS. Motes of Cases Recently Decided, Which are of Interest to Our People. DIGESTED BY W- B- MARTIN. (Exclusively for Virginian-Pilot.) TRIMBLE V. COMMONWEALTH. Bupreme Court of Appeals of Virginia. March 23, ISM. A STATUTE MAY BE CONSTITU? TIONAL itf PART AND UNCON? STITUTIONAL IN PARTI ACT OF FEBRUARY. i6, 1898, AS TO CONTEMPTS OF COURT. WHILE BAD IN PA KT IS VA1.1I> SO FA R AS IT GIVES THE RIGHT OF AP? PEAL. A PERSON HAVING CUSTODY OF A , CHILD AND WHO. WITH THE COURT'S CONSENT, TAKES IT TO ANOTHER STATE, WHERE. A COURT APPOINTS A GUARDIAN FOR IT, IS Nop GUILTY OF CON? TEMPT IN NOT PRODUCING THE CHILD IN VIRGINIA. ?This wan an appeal from a judgment declaring defendant in contempt of court for railing t.. produce a child, ?who h.:>i been committed to defendant's custody by the cunt, before the court nt a time mentioned In the order for Its l rodUCilOll. The child after being committed to defendant's custody by the court was. with the court's con? sent, taken to North Carolina to be put a; a school, ami while there acting un? der advice of counsel and for the good of the child the Superior Court of Wal;.- county^ N. C, hid appointed a guardian for the child and placed it with a kind-hearted, honest and indus? trious citizen t>? be cared for. Defend? ant stated the above facts in her an? swer, and that she was unable to pro? duce the child, and disclaimed any con? tempt of court. The court says: With respect to some of the questions presented we refer to the opinion of tlie court In carter v. Commonwealth, de? cided at the present term. We are nf opinion, how* ver. that the net of the legislature of ls:iT-s, which was in that eaac adjudged to be un? constitutional in some <>!' Its aspects. Is a valid statute in so far ns il gives fills .irt jurisdiction upon writ of error lo review this judgment. Thai a statute may lie constitutional in part and unconstitutional us to some of its provisions is well settled. ? * Where tin- puts may be so separated ns thai each can stand as tlie will of the legislature, the good does not perish with tie' h id. We gather fr.un the record that plain? tiff in error took this child, which had lleen rest .red to her custody, t . North Carolina with tit.- itrscnt of the Corpo? ration Court of Lynchburg, and with the Intention of currying out a com itienilaiile purpose sanctioned by the carl with respect to Ihn lit'.:-- waif. When In North Carolina, al the sugges? tion of her Stater, and upon her mo? ll..11. and acting under the advice of chips. 1. a court of competent Jurisdic? tion in thai Slate was requested lo ap pdlnt. and did appoint :i guardian for this child. That guardian seems to have made .111 arrangement with re? spect to the child's nurture of a bene tlrial character, aid there is no evi? dence Hint in thus acting the respond? ent did so with ibe object ?>f defeating, He- Jurisdiction and authority of the j d - la I ins nny such purpose, and b yond the facts stated, which do not ne? cessarily, or it may be said, even na? turally ben- such an interpretation, we 1 are of ..pinion ihat the offene.' where? with she .was charged lias not been established, and that the Corporation Court of Lym liburg erred in the judg jjgs rendered, which is rcversod. FLORIDA c. & |>. 1;. CO. V. COLUM? BIA. Supreme Court of South Carolina. February -S, 1M>9. A RAILROAD COMPANY THOUGH COMPELLED BY ITS CHARTER TD I-o BUSINESS IN A CITY, MAY Hi: REQUIRED TO PAY A LI? CENSE TAN THEREFOR. ? This was ;i suit by the railroad com? pany P. recover hack from the city ..f Columbia a license tax for doing business in Hie city Which it had paid under protest. The lower court gave Judgment for the city nnd the company appealed. 'I'he court says: "Taking thcese allegations in the Complaint, thus stated in brief, to be true, it seems to us clear that license tax'in question w as imposed by lawful authority; for they show that the plain? tiff Is a railroad corporation, doing a portion, at least, of Its business within the city of Columbia, with the resi? dents of that city: that the municipal corporation of Columbia, lias been au? thorized by the General Assembly of this State to impose .1 license lax upon nil persons, companies, or corporations engaged in any business or avocation <.f any kind whatever within the limits of the city of Columbia: and that such tax lias been Imposed by an ordinance pass? ed .by the proper authorities of said city, if, then, the legislation mention? ed in the complaint, both State and municipal, be a. valid exercise of the law-making power, we do not see how there can i>e a doubt as to the legality of the tax in question. It Is not, and rannot he, denied that under the con? stitution of 1S6S the General Assembly may either Itself impose a- license tax or may empower a municipal corpora? tion to impose such a tax. It Is con? tended that in the act of 1871, conferr? ing the power to impose taxes on a person carrying on any business or avo cstion within the- city of Columbia, the term "business' was used in :he sense of tht word "avocation," and does not authorize the imposition of such a tax upon a railroad company which docs oidy a portion'of its business within the city of Columbia. It does not seem to us that the act requires, or even justifies, any such construction, Both terms are used in the act, the language of the act being that "power is con? ferred" to require all persons, compa? nies and corporations engaged "In any business or avocation of any kind whatever within tin- limits -of the city of Columbia" to take out a license, and pay a reasonable charge or tax therefor. If, therefore, a person or corporation is engaged In business of any kind whatever within the limits of, the city, such a tax may be Imposed; and the complaint shows on its face that the plaintiff Is a corporation en? gaged in business within the limits of the city of Columbia; and the fact that" it is also engaged in business of a sim? ilar character outside the'city limits cannot affect the question. It has an Ilgent, regularly employed. In the city of Columbia, to attend to its business in that city, for the fact that such agent is also the agent of the South? ern Railway Company docs not forbid his being also the agent of the plaintiff company; and is doing business in the city of Columbia, in the same manner, though possibly not to the sumo extent, as any other railroad company having a terminus in said city.' "Finally, it is contended by appellant that, inasmuch as the plaintiff com? pany Is a corporation, compelled by its charter to do business as it docs in the city of Columbia, it cannot be required to take out a license therefor, as the Imposition of such a tax Is equivalent to the power to prohibit plaintiff from doing that which, by the law of the land, it is required to do. It is suffi? cient to say that this point is disposed of by the case of State v. Columbia, su? pra, where the point was decided ad? versely to the view contended for by the appellant. Affirmed. BRAKBLETON WARD. The "Busy Bees" Of Spurgcon Memo? rial Baptist Church will hold a busi? ness meeting al the residence of Miws Nora Miller. No. 613 West Brambloton avenue, at. s o'clo k to-morrow night. An important meeting of the inas? much Circle of the King's Daughters will he held at tie- homo of Miss Nel? lie Hall. Lovltt avenue, at 4 o'clock this afternoon. i'iie young ladies of Spurgcon Memo? rial Baptist Church gave a "Measur? ing Party" at the residence of Mrs. B. W. Bray. Kast Brambleton avenue, last Ilight, which was graced by it large company of the beauty and fashion of thi- ward. Music and mirth was a chief Attraction. Ret rcshments were served at the close. Mrs. Harvey U Taylor, of West nrambleton avenue, who has been suf? fering for two months with acute rheumatism, Is now on the road to re? covery. The rain of Monday night has left a pool of water on the west side of south Kelly avenue thatt will soon become stagnant unless it ts drained off. Bov. .1. P. Barrett conducted an Inter? esting religions service at the Memo? rial Christian Temple last night. iiier.' was a. large attendance at the ISpwcrtti l.e.-igue services at Trinity M. R. Church last nlg-ht nnl the exercises were of ni very spiritual character. The topic considered was "Patience In Wall-Doing." The Brnmbleton Independent Demo? cratic Club will meet to-lllsht. ATLANTIC CITY WARD Mr. .1. S. Hcaton, of Richmond, who, with Iiis wife, has been spending some weeks with the family of Roy. W. T. Williams at LcKlcs Memorial M. K. parsonage, will leave for his home this afternoon. His wife, who is a sister of Mrs. Williams, will not go until later. Miss Carrie Lambert, of Avenue A. -hrrs?i. tut nod?from?re?pleasant?two \.ks' visit to friends in Salisbury, Md. Mr. Sykes, who has been quite sick at Ins home, on the corner of North and Pool streets, for the past two Weeks, has very much improved. I lev. W. i\ and Mrs-. Williams, ac? companied by their guests, Mr. und Mrs. .1. S. Hcaton, went down to Ocean View yesterduy and spent a delightful day. Mrs. A. 1'\ Williams, of Collcy ave? nue, who has been ill at her home for some time, was reporter better yester? day. 'lih' many friends of Miss Scotia While, of Avenue A. will be glnd to learn that she is rapidly recovering from a severe Illness Stone has been placed along Camp avenue ready for curbing and guttering it as soon as Colley avenue is com? pleted. rlUNTERSYILLE. Last night. In the absence of Rev. Dr. A. <!. Brown, the presiding elder, the pastor, Rev. Daniel T. Merritt, held the second quarterly conference of the Huntersvillc M. K. Church. All of the ?reporta were exceedingly gratifying. Twenty-two persons have united with this church in the last three months. The financial exhibit was very en cbu raging. Mrs. Maggie B. Moore, who has been critically ill at her home on Central avenue for several months, is now able to walk about her room. A lawn party and strawberry festi? val will be given by the Woman's Home Missionary Society on the lawn adja? cent to the Methodist Church on John? son avenue'Friday evening from s to li o'clock. There will be an abundance of choice refreshment,) for Sale. It is hoped that the ladies will bo liberally patronized. Conductor Hill, of the street-car lino, has moved to the village, and is resid? ing on Mayesvllle avenue. Remititni Trimmed Hats, Mrs. P. Rlos has on exhibition at hor millinery establishment. No. 1^2 church street, the latest styles In trimmed hats. They are real beauties, and ought to be seen to be appreciated. In fash? ionable yachts she has the "Raleigh," "Cape May" and "Davenport." while in walking hats "Za-Za" and "Porto Rico" arc the leading styles. PEOPLE'S FORUM. NOTE.?The People's Forum being freely open to all parties, classes, per? sons, views and capacities, the Vlr Cinlan-Pilot is responsible tor noife of the statements nor opinions ex? pressed therein, nor for the style la which they are set forth. The Ignorant and uneducated shall be beard here equally with tho learned. AN INQUIRY ANSWERED. Editor Virginian-Pilot: In answer to "An Inquiry" published in your Forum of yesterday morning's issue. I wish to say that the men of this department have not contracted j to build boats or anything else for any? one. I The boats built by members of this department were built tor their own use. After completion they were seen by a party and purchased from the in? dividual owner without any contract whatever. In this I can see nothing wrong, and no reason why the sale should not be made: furthermore, I am having the men build a boat for my i use. but should some one wish to buy same and I feel disposed to sell, I should certainly do so without asking , the permission of "Boatbuilder," who need not use other names than his own, as he is well known to the Writer. I am fully aware of all rules govern? ing this department and its attaches. Regarding the men accepting out? side jobs, which is not done, all of the boats were built in fir by the houses, ami the work was done during the builder's leisure moments, which. I am glad to say. the men put In to an nd \ vantage. So far as this work interfer? ing with mechanics getting1 work. 1 know it does not with those who wish work and look for it. but p isslbly might hurt those who have no time to work themselves and do not wish to see others occupied. Now. Mr. "Bontbuild er," if you will put in your time trying to secure contracts for yourself instead of writing to papers about those others have, you will lind It a groat deal more profitable; also, w hen you w ish to make "an Inquiry" concerning anything in this department, you need not do it through Hi.' columns of our papers un? der a fictitious name. Just call at any of tlie engine houses, you will find us all there attending to our own business (not to other's) and ready to give you any information possible. MARTIN J. RYAN. Chief Fire Department. Norfolk, Va., May 10. 1S99. Editor Virginian-Pilot: I desire, through your valuable paper, to call the attention of the city au? thorities to the excessive rate of speed at which the church street cars fre? quently, and almost continually, travel. It Is very dangerous at times for any person to cross the street on account of this nuisance, to say nothing of the unbearable dust which Is raised most frequently by this lightning-like rap? idity of the cars. l^ist night at about !t:30 o'clock a ear passed Nicholson street nt a most dan? gerous and life-menacing rate- A dog was innocently crossing the street at the time, unconscious of the npprooch j ing danger. Of course, it was caught beneath the wheels of the car and its life crushed out of existence, for It was ground Into an unrecognizable muss of llesh and bones. Now. had a child crossed the street instead of the ?leg it would most assuredly have met the same fate. This is a very serious matter and should receive the most prompt and considerate attention of the city au? thorities. Such an outrage as occurred last nlsrht is not new. for 1 have wit? nessed several of a similar kind. I sin? cerely trust that the authorities will immediately compel the car company i to adopt a maximum rnto of speed for the travel of their cats one that will not endanger the life of any living j being- JOSEPH GHOL.ST1N. 6S0 Church street. BRIEF ITEMS OF INTEREST. Mr. Adolph Michelsohn, notary pub? lic and commissioner for the Slate of. North Carolina, has been appointed by Governor Koosevelt a commissioner of deeds for the State of New York, in the Commonwealth of Virginia. Miss Pearl Garrel), of No. Ill P.ank street, is visiting her grandfather, Mr. Jesse Council!, at Carrsvllle, Va. Hev. 11. 11. Mitchell. 1?. D., of Nor? folk, is moderator of the- Virginia Bap? tist State Convention (colored) now In iseasicn at Lexington. A negro in a half Intoxicated condi? tion fell in Roper's dock vest iru.iy af? ternoon in trying Lo escape arrest by Police Officer Lower}*, lie, was fished on: and sent to the station house. Atlantic Lodge of Mas.pn.-. had work in the second degree .'as;' night. The May term of tnclCourt of Law and Chancery begins Monday. The driving of piles for the bridge which is to connect Yarmouth street with nibble Phice was completed yes? terday. , Colonel and Mrs. E. E. Townscnd, of Washington, D. C. were in Norfolk yesterda y. An "Old Polks" concert will be given next Monday night for the benefit of Or.ue P. E. Church, (colored.! Mrs. Howard G. A very las returned home. nftanja delightful visit to Wash? ington and* 1 hill i more. Mrs. A. W.USl.irke, of Freemason street, left last, night for Washing? ton. ? <, Mrs. D. P. Nock, of Freemason street, will leave to-night for Washington. Koanoke Times: Miss Josephine Wolta. of tills city, will leave about June 'st for Virginia Bcasn, where she has, In connection wttn a lady from Dni.vllle, rented two cotta'jfes t.r the si .".son. x General F.dgnr Allan. United States District Attorney for the Eastern Dis? trict of Virginia. Is registered at the Monticello from Richmond. .liny lie Called to ><? i-rnlU. The Roanoke Evening World of Tues? day says: Rev. S. Cohen, of Cincinnati, who conducted services at the synagogue in this city some months ago, and created such a favorable impression, will prob? ably be called as rabbi of the Oh. f Sho i b in Temple In Norfolk. He will grad? uate from the Hebrew Union College in ! Cincinnati next week. By supplying fresh goods often. That's the best way to help it. And it's the way the National Biscuit Company have adopted in estab? lishing a Norfolk Branch of the Mason Bakery Mr. B. Percy Alley, of 94 Roauoke Ave., is in ? hargc, and will carry a complete line of fine cakes and crackers to supply the retail and jobbing trade at lb : shortest notice. You'll lind it to your advan tage to use the facilities of the new branch for keep ing your stock fresh, crisp ami inviting, It will help to build up your cake and cracker business. NATIONAL BISCUIT COMPANY. J V ? D. Mason, Manager Mason Baker). m & ????? * ???.?? ,?v i*i ??iL i?i ELECTRIC FANS ,^ , J The aviilibility of electric current offers an easy ? remedy for hot or badly ventilated rooms. The cost of operating an Electric Fan is so small in comparison to the benefits which result that it need hardly be considered. TWO DOLLARS A MONTH ^ ^ VIRGINIA ELECTRIC CO. i*L it* it- >??? <*' ??k <??* 1 i i 1 i i i LtlrSlfJ ?L " ? Ml . L ?L .L ItAVK YOU Sore Throat, l'imples. Cop I per-Colorcd Spots. Aches. OU1 Sores, Ul ci-rs in Mouth. Hair Falling? Witte COOK REMEDY CO.. li.;T MASONIC TEMPLE, Chicago, III . for proofs of cures Capital, j oo.OOO. Woral casea cured In 15 to Zi ' day. too-pace huok tram_ml-ly PCblchNtrr'i Ra?l]>k Dluavad Irui ENNYROYAL PILLS _-^t?X . ?r'tMnalaadOnly Criilat. a > 1 ( rtr*?A rtU?Mo. l?o..? ut ?\ nr^ypymSXi>? r?<i ud >> u ntui:i:v%j?? 1 = 1 *s% Vs Krfuiidmntmui mf.tlFu. V I / . flT!????#"? imttafiefu. At PrjiRliii, #r Mt* 4cx 1 ?J? JT tajum *r Mfttntarai tt.tln.ii.h Ma V~ JM tor I.?dl??," In Irttv*. bj ret am ?V _ a^. Mull. IjSMOTntlMUll. .'.? .t all 1^.1 n-r.l.u. cm! i.ada. ?2 Has Begun the Improvement of Another Large Section of Its Property FOR HIGH GRADE BUILDING LOTS. Those Irroprovemorats! Will be First-Class in Every Way, end of the Most Modern Design and Execution. ASPHALT ROADWAYS, ARTIFICIAL STONE FOOT PAVEMENT COMBINED CURB AND GUTTER. _, _? __ __ tur akea now being improved is an extension op the ghent streets north op olney road to and including rj*!> gate avenue 4nd west op colonial avenue to colley ave? nue. including the stock ley gardens. The Sewer System TION. The Water Mains The Gas Mains Olney Road ARTIFICIAL STONE PC Boissevain Avenue WITH HOUSE CONNECTIONS FINISHED, IS NOW IN OPERA ARE LAID AND CONNECTED WITH THE IflTS. APE NOW BEING PUT IN PLACE. -will be paved with vitrified brick with granite curb and pave Mi: nt. from stock le y gardens to collet avenue. will be paved with sheet asphalt roadway, artificial stone curb?and gutter and artificial stone foot pa v em ent. Raleigh Avenue to colley avenue. Redgate Avenue Manteo Street WILL BE IMPROVED IN THE SAME MANNER PROM COLONIAL AVENUE from colonial avenue to col lev avenue. in the same way. from olney road to redgate avenue. will be paved like? wise with sheet asphalt and artificial stone. ' no city improvements can be better made than these. the streets are being graded and prepared for the paving. the contract for th e "work has been formally executed WITH the warren-schare asphalt paving com? pany, op new york, and the work will he commenced as soon as the weather will sa fei.y permit. the stockley gardens, which are shown on the maps op the norfolk company, are being im proved to agree with the original plans. these three gardens, extending) north prom olney" road for nearly one thousand feet. will be planted with ornamentaland s11a de trees and with flowering shrubs, in accordance with carefully prepared designs. and under the direction of the well? j known gardiner, mr. john maughan. alt, these lmpro\ ements will be pushed as fast as the w eat ii er WILL PERMIT, and it is expected that they will be completed 1 V october 1st of this year. many lots II WE already hen sold. and those who wish I to invest in \ lit able property, OR desire to secure for a home a situ \\ hici1 will meet every municipal require* i ment, are URGED To consider this section and its advan? tages. . , i the SIXTH V1 A hd IS the growing ward of the city. and the norfolk mpany's property is in the most valuable j part of it. two lines* IF electric street cars carry passengers to I market square within twelve minutes. For information as to pre es and terms apply to J. P. ANDRE MOTTU, General Sales Agent, Norfolk, Va. JOHN GRAHAM, Jr., Engineer and Sup't, Norfolk, Va.