THE NEWS OF NORFOLK ON PAGES TWO, THREE AND FIVE
Makes the food more delicious snd wholesome
WOVI>t lAHtSQ POW0E? CO.. DEW ?C?K.
Motes of Cases Recently Decided,
Which are of Interest to
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?
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?
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
'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 "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
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?
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
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
Mrs. A. 1'\ Williams, of Collcy ave?
nue, who has been ill at her home for
some time, was reporter better yester?
'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?
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
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
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.
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.
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?
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.
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
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?
Colonel and Mrs. E. E. Townscnd, of
Washington, D. C. were in Norfolk
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?
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?
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).
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.
A MONTH ^ ^
i*L it* it- >??? <*' ??k <??*
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
_-^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.
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
The Water Mains
The Gas Mains
ARTIFICIAL STONE PC
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.
to colley avenue.
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. . ,
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.
xml | txt