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THE NEWS OF NORFOLK ON PAGES TWO, THREE. AND FIVE.
Baking powder Makes the food more delicious and wholesome Bev?t wkiwj rov?M> cc. mw yorh. COURT DECISIONS. Notes of Cases Recently Decided, Which are o. Interest to Our People. DIGESTED BY W. B-MARTIN. (Exclusively for Vlrglnlan-Pllot.) JONES V. GREENSBORO. Supreme Court of North Carolina, March 28, 1899. IA. CITY IS NOT LIABLE FOR IN? JURIES RESULTING FROM THE FALL OF A LIMB OF A TREE UPON ONE PASSING ALONG A j STREET, UNLESS IT HAD AC? TUAL OR IMPLIED NOTICE OF ITS DEFECTIVE CONDITION. This was an action for damages against the city of Greensboro for in? juries caused the plaintiff by the limb of a tree which fell on him while he was passing along one of the streets 1 of the city, the tree being upon the edge of the sidewalk. There was no ev? idence to show whether the limb was decayed, or fell of Its own weight, or In a storm, nor any evidence that anyone had ever noticed the limb before It fell. The general duties, powers, and lia? bilities of municipal corporations, as to keeping their streets rind sldewaiks In good repair, have been recently fully stated by this court, nnd it seems un? necessary to repeat them again so soon. Quite a diversity of opinion on these questions bus been written by different courts. They agree that the corporation Is not an insurer against all del -i ts; that tho corporation, however, will be held to a strict performance <?! Its duties, within limits lhat are rea Bonablo und Just. The health, safety, comfort, and convenience of the publli require '.Iiis much, and the corporation Is vested with the power and means necessi ry to perform its duties. The liability grows out of the power con? ferred on tho city over Iis streets. In? cluding sidewalks, and its duty lo keep them In reasonable repair, having ihe power lo raise means for that purpose. Each ease must depend upon Its exae". facts, ami upon the circumstances of the pit rtlcular case. In view of the sta? tutory provisions of the state. Upon no? tice ..f defects and dangers In the streets, the city munt remove them In a reasonable time, and failure to do so Is negligence, nnd Blich negligence Is the basis of an action by any one Injur? ed by reason thereof. The corporation, however. Is not liable without notice of the defect which censed the Injury. This notice may be actual or Implied. Implied notice may be from facts from Whl( h I* may be reasonably inferred, or from proof of circumstances from which It appears that the defect ought to have been known ami remedied. Not only patent defects must be remedied, but reasonable care must be exercised to ills over defects: for I: has been well said that "negligent Ignorance is not less :; breach of duty tl in willful neg? lect.' So. whether constructive notice will be attributed to Mio city must de? pend upon the circumstances of each ruse. Nothing more ihnn reasonable ear.- to ills-over the defects will be re? quired of the corpora l b>n. Notice will he infern d from the notoriety of the defect open to reasonable observation: hut. If II be concealed or obscured In any way, so ns to escape the attentive observation on the pnr: of the defend? ant, notice will not be attributed to It. The burden ot showing a defect and notice resis upon tho plaintiff. The defendant asked for this instruc? tion to the Jury: "If the Jury shall find tint the defendant had no notice, ac? tual or Implied, or Ihe alleged defect, they should answer the first issue 'No.'" This should have lie. u given, but wrnr refused. We have read the whole charge in the record to see If this Instruction Was substantially given, and we think It was not; and It is nnt improbable that the Jury were misled, nnd they probably considered that the prayer was improper, as it was directly re? fused. If v.e assume that the limb was a defect, fheio is no evidence In the ens.- that it was decayed materially, or how long it had existed. No witness B8.W it before the accident, and there ?was no evidence that nny one had seen it. or lhat nny city ofllcer knew of it, or could by reasonable dllligence have seen i'., before the accident. "A city Is not charged with notice of a defect in a sidewalk which Is not apparent to the ordinary observer, end whose ex? istence Is not known to the Inhabitants of the city generally," and especially those In the Immediate vicinity. ' We think the plaintiff failed to meet the burden of proving his case, and a new trial Is necessary, for the error al? ready pointed out. New trial. GlLLESPIE V. PLANTERS' OIL MILL & M. CO. Supreme Court of Mississippi. February 6, 1S99. A BILL OF EXCHANGE NEED NOT BE PROTESTED AS AGAINST THE ACCEPTOR. PRTMA FACIE, THE HOLDER OF A BILL PAYABLE TO DRAWER. AND ENDORSED BY HIM IN BLANK. IS A BONA FIDE HOLD? ER. This was a suit on a domestic bill of exchange by the holder thereof against the defendant company as acceptor. The bill was drawn by one Drennan, payable to his own order and endorsed by him in blank, and was accepted by the defendant company. There was a Judgment for defendant, and plaintiff! appealed. The court says: Upon the case made before the court the plaintiff was entitled to recover.! Jt was not necessary for this bill of exchange to have been protested, as to the defendant, the acceptor. Judge Campbell, In Meggett v. Baum, said: "We can find no substantial reason for a.distinction between co-makers of a jpnrbmlsary note, one of whom is surety, and an accommodation acceptor. Both have assumed by their signatures a primary obligation. Both have made themselves principals." The same prln- \ ciple Is recognized by other authorities. It Is said that there was no proof that plaintiff's Intestate was an inno? cent holder for value before the ma? turity of the paper. Prlma facie the holder of a promissory note, payable to bearer, is presumed to be a holder bona Ilde, and for value. That a note pnyable to drawer, and endorsed by him In blank, stands upon the same footing, and Is governed by the same rules, as a note payable to bearer. Is announced by the distinguished Judge first above quoted In Bank v. Wofford. > Reversed. BR?MBLETOH WARD. The funeral of George W. Smith, Jr., the Infant son of Mr. and Mrs. George W. Smith, of No. 124 Maple avenue, who died Tuesday at the home ot his parents, was held from the residence at 2:30 o'clock yesterday afternoon. The services were conducted by Rev. S. C. Hatcher, of Queen Street M. K. Church. The Interment was In Cedar Grove Cemetery. Mrs. G. W. Elliott. of No. 703 West Highland avenue, left yesterday after? noon for Messlek. York county, Va., on a visit to her father. Mr. H.i W. Heath, who has been dangerously ill at his home on WeBt Highland avenue for several weeks, was reported to be slightly Improved yesterday. Mr. Amxie Diggs and about thirty of his friends celebrated the twenty-first anniversary of his birth at the resi? dence of Mr. and Mrs. A. M. Osborne, No. 10G Cooke avenue. Tuesday night, from S to 11 o'clock. The occasion was a most enjoyable one. Mr. Diggs was the recipient of many presents. Tho Inasmuch Circle of the King's Daughter will meet at the home of Mrs. W. T). Southall, No. 202 North Park avenue, at 4 o'clock this afternoon. Dr. Lofton, of Park avenue, was call? ed out of the city on professional duly yesterday. He will return home this afternoon. The topic discussed at the devotional meeting of the Epworth League of Trinity M. E. Church last night was "Coming to the Kingdom." The speak oi s were Rev. Lloyd T. Williams, Missis. Granes, Delhi, Gregory and others. The meeting was a very spir? itual one. The Pramhleton Independent Demo? cratic I'lub will meet at 8 o'clock to? night at their club-rooms on West Rramblelon avenue. Mr. Fred G. Kipper Is resting fairly easy at his home. When his bicycle collided with a wagon on Holt street he received a bad cut on the head, be? sides many painful bruises. It will probably be several days before he will be able to resume business. The Infant child of Mr. W. J. Wal? ters, of North Kelly avenue, who fell from the porch of Mr. Ayres, on West Rramblelon avenue on Tuesday night, was able lo walk about the house yes? terday. A revival service was begun at Mc Kendree M. E. Church last night with a favorable outlook. The services were conducted by the pastor. Rev. R. H. Bennett, w ho preached an earnest ser? mon to the unconverted. The twenty-first birthday of Mr. Amsic Diggs was celebrated Tuesday night at the residence of Mr. and Mrs. A. M. Osborne, No. 106 Cook avenue, Brambleton Ward. Some thirty of the friends of Mr. Diggs gathered at this hospitable mansion, and Indulged in Innocent games, vocal and instrumental music, mirth nnd laughter. A sump tuotis repast was served at midnight, and Mr. Diggs was the recipient of many useful and beautiful presents, as well as congratulations. An "Apron" party was given at the residence of Mrs. Mary L. Goodson, West Highland avenue. Inst night. The occasion was graced by a large com? pany of young ladies and gentlemen, and a?most enjoyable evening was spent. ATL? HTIC CITY 1ARD The closing entertainment of the la? dies of LeKles' MemorlaLM. E. Church last night was a splendid tuccess, and was much enjoyed by all who witness? ed it. The program embraced a num? ber of selections from the best authors. I Rev. W. T. Williams, of LeKles" Me? morial Church, preached at Liberty Street Church, South Norfolk, last night. General Secretary Meacham, of the Y. M. C. A., delivered an interesting and Instructive address on Christian lOndenvor work at Colley Memorial Presbyterian Church last night to a largo audience. At the close of the lec? ture a strawberry festival was held. Mr. Warner M. Burroughs, of Fort street, will leave Saturday for Mat? thews county on a visit to relatives. LAMBERT'S POIKT. The Ladies' Aid Society of the Lam? bert's Point Church gave a very pleas? ant lawn social last night and on Tues? day night at the Lambert's Point School-House, No. 1. They netted a nice little sum for the church, of which Rev. George H. Spooner is the popular and much loved pastor. The event was ulso a great social success. Mr. Thomas A. Smothers has started laying the foundation for a residence on Pocahontas avenue. Mr. A. W. Rlgglns Is erecting a store building on Pocahontas avenue. He will open a general store there in about a month. The commoncement exercises of Lam? bert's Point School. No. 1. will be held on Monday. May 29th, at Odd-Fellows' Hall. There will be a pleasing program of dialogues, recitations and music, and an address by Mr. M. R. Peterson. The enrollment of the school at present le about one hundred pupils. Mr. Pompey Miller is erecting a res? idence on Pocahontas avenue. It will coat from Jl.fiOO to $2.000, Large strawberry shipments are be? ing made from Lambert's Point daily. A new side-track has been put in by the Norfolk and Western railway to the site of the new silk mill. Work on the new Sewell's Point elec? tric railway brldgo is progressing rap Idly, . INAUGURATING A COMBINE Steps Taken in the Process of For? mation From Its Inscription. conceived In ?b* Mind of nn Intercut cd Manufacturer?Ktlntulalod mm Encouraged by tbe Promoter?In* tun ihePnbllc toliiTett llsllonrjr. In view of the fact that there have been at least 40 Industrial corporations successfully launched since the era of combines began, and that there are about 60 more In process of formation at the present time, It Is Interesting to learn the various steps In the process of formation. Usually the Initiative is taken by some member of an indus? try who believes coalition would bet? ter its conditions. He Journeys to a money center and presents his plan to capitalists who, if they consider the proposition at all, turn it over to some attorney, who In turn seeks the "promoter." The work of the promoter now be? gins?The most arduous and trying part of the work of forming a combine ensues. The list of desirable manu? facturers Is first secured. The expe? rienced promoter visits each one on tha list, and sounds him, and learns the volume of trade done. He talks to them all Individually. When the manufacturers are first ap? proached, fully four-llfths of them are opposed to forming any combination. They do not want to lose the Identity of the firm; their own management Is more satisfactory than a more or less prominent position in a corporation. A large number are opposed to combi? nations on principle, and refuse to con? sider the matter. If. 'eventually, the larger portion of the manufacturers agree to consider the question of amalgamation, a list of searching questions Is submitted to each one. it is, however, understood that all replies are held In strictest confidence, and that nothing In the an? swers shall he construed as binding on the subscriber. These queries are submitted: 1. Title of firm or corporation? 2. If corporation, under what State, amount of capitalization and par value of shares? 3. Describe freehold property owned, giving assessed and real value? 4. What are the character and amount of lncumbrances upon the fore goliiK described property? 5. Give the following detailed state? ment as to valuation: Lands .$ Buildings . Machinery . Tools and fixtures . Stock on hand, raw and In pro? cess of manufacture. Total .% 6. What was the capital invested for fiscal year ending Dec. 31, 1896 .% Dec. 31, 1897. Dec. 31, 1898. Total .$? I Or average of i-. 7. Give earnings? 1897 . 1S96 . 1898 . Gross. Net. $- t $- $ ?- t Totals.$- $ Average of - per cent, on average capital, or $- for three years. 8. If corporation state? Sulplus after Dividends paid, payment divid's. 1S96. %-. -p. c. $-. -p. c. 1897. $-. -p. c. $-. -p. c. 1898. %-. -p. c. $-. -p. c. Tis. .$-. -pc. $-. -p.c. 9. Give last or a detailed statement showing assets and liabilities of firm or corporation, including assets and lia? bilities of every description. 10. State price which will be accepted for business, Including property of every kind, all assets and good will. ?11. If cut pui allun. Stale market price of stock and figure at which at least a majority interest can be purchased? 12. What proportion of purchase price will be nccepted in the securities of a properly organized and capitalized cor? poration, on basis plan herewith sub? mitted? 13. Will a 30 or 60-day contract of sale be entered into, pending organization of purchasing corporation? 14. Will present management, In event of sale, remain in employ of purchas? ing corporation? 15. State number of employes? 16. Give general outline of trade done? 17. How many years has business been established? 18. Can business be increased and made more profitable with additional capital? If so, whv? 19. Under favorable conditions, what per cent., upon capital Invested, should the business pay? 20. State aggregate volume of busi? ness done In this country in the man? ufacture and sale of leather belting? 21. Can the business be increased both in volume and profit therefrom? 22. In your opinion, what effect will a consolidation, as proposed, of the Im? portant manufactures in this country have on the Industry? 23. If desired, will you meet with other manufacturers here for the pur? pose of discussing with a syndicate pre? liminaries In reference to a consolida? tion, or merging of Interests? 24. In per cent., what is present and what should be reasonable cost of mar? keting finished product? After the answers are received con? ferences between the capitalists' attor? neys and the promoter are held, and It Is determined whether the project will be furthered or dropped. In the event of favorable consideration the capital The hlgTi eharactei or thi? G. O. Taylor Whiskies has been maintained f r nearly a Quarter of a century. In future there will bo no departure from the p'.an to supply the public through licensed dealers everywhere whlsk'es In sealed iwv.tle.-;. under the brand (G O Taylor) that Will pass tbe Ins pel ticn of the Oh (mist nne meet the requirements of the physician or of the invalid, ltefusr substitutes foi "G O. T." If your druggist or sr.iccr eannot supply, or wants to Substitut. I something else, refuse to buy, write the proprietors of G. O. Taylor Wh'skles, Ohe?teT H, Graves & Sons. Boston, and j thoy will see that you are supplied. 1 For saJo at White Bros. Norfolk, Va., 1 Brawn's Hxtcl, Portsmouth, Va. stock Is decided upon and the financial plan Is presented to the manufacturers. Papers are signed giving an option on the plant property and business In re? turn for which a certain percentage of the purchase price Is paid. The options are usually made to expire within 60 or 90 days after date on which they are made out. In case the company is not formed within the stated time, and the options taken up, the amount paid to secure the option belongs to the man? ufacturer. Thus the combine entere Into being. MEETING OF DRUGGISTS. NATIONAL, WHOLESALE ASSOCIA? TION. OLD POINT, OCTO? BER 10TH. The National Wholesale Druggists' Association will meet at Old Point In I annual session on tho 10th of next Oc? tober. It is expected that the attend? ance will be unusually large. A most attractive program will be arranged. The association will make Its head-] quarters at the Chamberlin. It will he In session live days. On Tuesday after? noon of the week of the meeting the visitors will be entertained at an oys? ter toast at the Rip Raps. On the even? ing of the same clay there will be a big reception at the Chamberlin. given by the president of the association and the proprietary association and their ! wives, in honor of the members and visitors. Following the reception there will be a dance. Next day the ladles of the party will enjoy a sail on Mr. Isaac E. Emerson's yacht, which will be placed at the dis? posal of Mrs. K. D. Taylor, of Rich? mond, who has been appointed chair? man of tho Ladles' Committee. Two years ago, when the association met at Old Point, a similar excursion proved to be a most delightful affair. Wednes? day night the "Mock Trial." written by Mr. Evan H. Ciiesterman, will be pre seated for the entertainment of the visitors. On Thursday a trip to the Sailors' Home, the Normal School nnd through the fort has been arranged,and at night there will be a grand banquet, in which | tho ladies will participate. On Friday it Is proposed to take the I visitors by steamer to the dry-docks and navy-yard at Norfolk, and in the evening Manager Campbell, ot the Chamberlin, will tender a tea to the ladles. On Saturday the delegates will leave for their respective homes. Many of the members of the associa? tion have signified their Intention of visiting Norfolk. Richmond and other points in Southeastern Virginia. In or? der that they may renew the many ac? quaintances formed during the conven? tion of 1S9T. Arrangements have been made for their reception and entertain? ment at the Jefferson, in Richmond, und it is not doubted that proper court? esies will be extended to all who may come to our city. The officers of the association are ao follows: Cyrus P. Walbrldge, presi? dent, St. Louis; Albert Plant, flrsi vice-president, New York; Edgar IV Taylor, second vice-president, Rich? mond; Lucion P. Hall, third Vice-pr< Ident, Cleveland: Francis Keeling, Jr., fourth vice-president, Chicago; J. C. Lyons. Jr., fifth vioe-pretddont. New Orleans; A. B. Merriam. secretary. Minneapolis; S. E. Strong, treasurer, Cleveland. Board of Control?William J. Walker, Albany; D. D. Phillips. Nashville; Thomas E. Shoemaker, Philadelphia: A. E. Neat. Louisville; Charles Cook, Portland, Me. Burning Scaly Instantly Relieved by One Application of 1 INSTANT Rr.mf.p ANP SrKKPY ffRr. TBEAT Mtsr.-AKjrKi bath with CcTiernA Soat, asini;l?,-\nointinc: with CtrrtCURA Ointment, ami a rull dose of CUTIOORA IlKSOLvnXT will afford instant relief, permit lest and sleep, and point to a speedy, pcrucincut, and eco ?noraieal euro when all else fails. SoldrTtrrwhrro. r-rire. Tux VtT.tl.Mlor Otici-iia 1 onu Dnaa asd Ciixu. Coir., Sole I'rop?., Uoit?n. Not Here To=Day and Gone To=Morrow FOR FOPR YEARS YOU HAVE BEEN READING Til E TESTIMONIALS OF YOUR FRIENDS AND NEIGHBORS las t? mv skill In the treatment of CATARRH. Would it not be wiser l ? be llvo them than the often lying testi? monials published by patent medn ine ven? ders, given by people A THOUSAND MILES AWAY or oftoner forced out? right? Why waste more money on patent m^di elnr-s? "Two years a(?o our little boy had a severe attack of tonsillitis which left him w th a bad throat trouble. HE COULD NOT BREATHE THimrc.n HIS NOSK AND HAP GREAT DIFFICULTY IN BREATHING, ESPECIALLY AT NIGHT. We took him to T)lt. FIREY whose treatment WAS ENTIRELY BUC CESSFUL and SINCE THEN THE CHILD HAS HAD NO TROUBLE IN BREATHING, BUT brent Ins naturalis und easily and sleeps well at night, and we aro very much pleased with the re suit." J. C. CARLSON, 311 Fay cue St., Portsmouth. HAS OFFICES No. 1 AND i. No. IP MAIN STREET. OPPOSITE COMMER? CIAL PLACE. NORFOLK, VA HOURS : 9 to 12.30 A. M? 210 6 P.M. SUNDAYS: 11 A. H. to 1 P. Hi. TUESDAY NIOIIT AND THURSDAY NIGHT 7:30 P M. TO S P M. SPECIALTIES CATARRH AND AM. DISEASES OK THE EYE. EAR. NOSE. THOAT AND STOMACH. Terms very moderate and within the reach of all. EYES EXAMIN ED FREE. Consultation Always Free'. Medicines Free to Patients ! ! Results Fatally in Nine Gasss Out of Ten?A Cure Found at Last. This fearful disease often first appears as a mere scratch, a pimple, or lump in the breast, too small to attract any notice, until, in many cases, the deadly disease is fully developod. Cancer can not bo cured by a surgical operation, because the disease is a virulent poison in the blood, circulating throughout the system, and although the sore or ulcer?known as the Cancer?may be cut away, toe poison remains in the blood, and promptly breaks out afresh, with renewed violence. The wonderful success of S. S. S. in curing obstinate, deep-seated blood diseases which were considered incurable, induced a few de? spairing sufferers to try it for Cancer, after exhausting the skill of the physicians without a cure. , Much to their delight S. S. S. proved equal to the disease and promptly effected a cure. The glad news spread rapidly, and it was soon demonstrated beyond doubt that a euro had at last been found for deadly Cancer. Evidence has accu? mulated which is incontrovertible, of which the following is a specimen : " Cauoer is hereditary in our family, my father, a rioter and an aunt having died from this dreadful disease. My feelings may no imaginewhen the hor? rible? disease made its appearance on my side. It was a malignant Cancer, eating inwardly in such a way as to cause great alarm. The disease seemed beyond the skill of tue doctors, for their treatment did no good whatever, tho Cancer growing worse all the while. Numerous remedies were used for it. hut the Cancer grew ster.dily worse, until it scorned that I was doomed to follow the others of the family, for 1 know how deadlv Cancer is, especially when inherited. I was advised to try Swift's Specific (S. S\ S ), which, from the first day, forced out the poison. I continued its use until I had taken eighteen bottles.'when I was cured sound anil well, and have had no symptoms of the dreadful affliction, though many years have elapsed. S. S. S. is the only cure for Cancer.?Mrs. S. M. Idol. Winston, N. C. Our book on Cancer, containing othor testimonials and valuable information, will be sent frco to any address by tho Swift Specific Company, Atlanta, Georgia. mrs. s. m. idol. It i? a deadly foe to lt>-ect pf?ts and-bugs.' It la c hen per than Paria Green, morn bulky, kills quicker and goes INSECTICIDE. farther. Doeinot lnJuretliefolif.se. Combine! ?11 the effective properties ot Bordeaux Mixture and Paris Ureen, mulling In a combined Kniielctde and intertkHde. For many vein we have been the loin manufacturer* of the well-known Star Brand of Strictly Pure Paris tireen, anil knot* that l?arnsrenc U au effective and reliable Improvement on Paris t.'reen. Our reputation a? Parin Green manufacturer! is a guarantee that Puragrcnc will do all we claim for It. Pbicks : Kegi.tSc.; 14 lb. kit?, l ine, per Ib.; 1 and 3 lb. pkjti., 18c, par Ib.; v lb. pk"*., ISc, per Ib.: >, lb. like!., HC. per lb.: f.o.h. New York. Special rate! to dealers. Send for it*criittivt\tamphM*an?M npfe?. FRP.I). I.. I.AVANIUIKti. l?s William St., New York. A NEW OOO 0<S>0 -OOO ?<f><t>?(?4>? 000 0?S>0 -O<"><?- O<V 0 0 Time nor 0/?V sPace wi r tj 0 ?/*/ to the wise should be sui- \ ^\ J /HERE. ONLY A FEW SPECIALS V ? \ 0 <<7 4 allow us to t, go into details. > V^A * * Sii nice it to say, % ^ ?/M^P f that you are paying *3 0^0 too much money for tz^ 0 your Clothing. A word ^ MEN'S SUITS. ACTUAL SVALUE NINE DOLLAKS, YOURS KOR 4.98 MUST BB SEEN TO BE APPRE CIATBD. MEN'S SUITS. ACTUAL VALUE FOURTEEN DOLLARS, YOIIHS POP. MTJST BE SEEN TO BE ArPRE CIATEI>. MEN'S SUITS. ACTU Ali VALUE TWELVE DOLI/AR9 AND FIFTY CENTS. YOURS POR 24 \ MUST BE SEEN TO BE APPRE? CIATED. MEN'S SUITS. ACTUAL VALUE TWENTY DOLLARS, YOURS POR MUST BE SEEN TO BE APPRE? CIATED. i CANNON BALl^CLOTHtNtrCO I 219 MAIN ST., Norfolk, Va., opposite Academy of Music. ? ? ?<8> ??><?<?> O-OvV 9 0<3>0 <Q><4>?> <f <><A An old colored man, very influential with his class, in a section of North Carolina where the colored people are very numerous, relates that for a long time he was annoyed with dyspepsia and indigestion, "Man's Worst Evils," and obtained such perfect relief from the use of that he recommends them now, both in season and out of season, to all his friends who appear to be afflicted with these or any kindred diseases.