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THE NEWS OF N?RF?LK ON PAGES f 3, fflpilii
COURT DECISIONS, Notes of Cases Recently Decided, Which are of Interest to ?f Our People, DIGESTED BY W. R MARTIN. (Exclusively for Vlnclnlan-Pllat) FIRST N. BANK Y. HAWKINS. ETC. Supreme Court of the'United States. Way 15. 1899. ONE NATIONAL BANK .CANNOT LAWFULLY PURCHASE AND HOLD THE STOCK OF ANOTHER AS AN INVESTMENT. IN CASE OF SUCH PURCHASE, IT IS NOT ESTOPPED TO DENY ITS LIABILITY FOR AN ASSESSMENT ON SAID STOCK MADE BY THE COMPTROLLER. The plaintiff, as receiver of. the In? dianapolis National Bank, sued for an assessment of $100 a share on the stock of said Indlunapotin Bank, which had been made by the Comptroller of the Currency, on certain share:; of stock which Hie defendant bank had pur? chased and hold us an investment. The defendant claimed it was not liable for such assessment. The lower court gave judgment for the plaintiff, and the de? fendant appealed. The Court says: The questions presented for our con? sideration are whether one National bank can lawfully acquire and hold the slock of another as an Investment, and, If not, whether, In the case of such an actual purchase, the hank Is estopped to deny Us liability as an ap? parent stockholder for an assessment on such stock ordered by the Comptrol? ler of the Currency. In the recent case of California Nat. Bank v. Kennedy, U was said: "It Is clear, however, that a Nullonul bunk dues not possess tho power to deal In stocks. The prohibi? tion is implied from the failure to grant the power." ' Without pursuing this branch of the subject further, we arc satisfied to express our conclusion, upon principle and authority, that the plaintiff In error, as a National banking association, had no power or authority to purchase wlth?lts surplus funds as an Investment and hold as such slrircs of stock in the Indianapolis National Bank of Indianapolis. The remaining question for our deter? mination is whether the First National Rank of Concord* having, ns u matter of fact, but without authority of law, purchased and held as an Investment shares of stoc k in the Indianapolis Na? tional Hank, can protect Itself from a suit by the receiver of the latter brought to enforce the stockholders' li? ability under an assessment by the Comptroller of the Currency by alleging the unlawfulness of its own action. Tills question has been so recently answered by decisions of this court that It will be BUfltclent, for our present pur? pose, to cito those decisions without undertaking to fortify the reasoning and conclusions therein reached. (Tho court hero cites a number of cases showing that such illegal buy? ing of stock by a bank is void), and continues: If the previous reasoning be sound, whereby the conclusion was reached that, by reason or the limitations and provisions of the National banking statutes, it Is not competent Cor an as? sociation organized thereunder to take upon dtsolf, for investment, ownership of such stock, no intention ran be rea? sonably Imputed to Congress to subject the stockholders and creditors thereof, for whose protection those limitations and provisions were designed. In the same liability by reason of a void act on the pnrt of the ofllcers of the bauli. ns would have resulted from a lawful net. Reversed. ?WE1NKLE V. BRUNSWICK & W. R. CO. Supreme Court of Georgia, April 21, 1899. A CHARGE TO THE JURY THAT IF A RAILROAD COMPANY FAILED TO PRODUCE ALL OF ITS EM? PLOYES AT THE TIME OF THE ACCIDENT. THE JURY CAN IN? FER THAT SUCH ABSENT EM? PLOYES WOULD GIVE THE TES? TIMONY PREJUDICIAL TO THE DEFENSE IS ERRONEOUS. This was an action for the killing and injuring of certain mules of the plaintiff by the railro-ad company. The point decided is shown in the opinion of the court. The court says: The charge set forth In the fourth Jieadnote was erroneous. The law does not make It the duty of a litigant to produce witnesses, and this applies to railroads as well -as to natural persons. The law will sometimes allow infer? ence unfavorable to a litigant to be drawn by tho jury from the fact that witnesses who are accessible are not called and sworn. It is, however, no breach of duty on the pnrt of a liti? gant to fail or refuse' to produce wit? nesses to sustain a complaint or to prove a defense. It he fails or refuses to produce witnesses that are accessi? ble, lie must take the consequence; re? sulting from the Jury drawing an in? ference that such-failure or refusal was caused by the fact that such witnesses would, if produced, have testified to facts prejudicial to him. The Code de- j Clares that: "Where a party has evi? dence in his power and within his ] leach, by which he may repel a claim i*r charge against him, and omits to pro? duce it, or, having more certain and satisfactory evidence in his power, re? lies on that which is of a weaker -and inferior nature, a presumption arises that the charge or claim is well found? ed; hue ?this presumption may be re? butted." Civ. Code, section ?lf!3. But no presumption will ever arise prejudi? cial to tho party failing to produce the witness, provided the jury are satisfied from tile evidence before them tlv.it the party who had such witness accessible has nevertheless proven his claim or established his defense. The failure to call and have sworn witnesses who nrc accessible, and peculiarly within the power of a party, will authorize argu? ment by counsel before a jury that, In case the jury be in doubt as to the truth of the transaction, they might infer that the absent witness, if in court, would have furnished evidence prejudi? cial to the party who has failed to pro? duce them. If a litigant sees proper to rest his case upon one witness, al? though many others may be accessi? ble, he has a right to do so, and the law imposes upon him no .duty to do other? wise. Therefore tho law does not re? quire a miiroad company to produce all at lta employes who were engaged In the running of a train, the operation of which caused damage to any one, when a Bult growing out of such alleg? ed damage Is on trial. If the Jury be? lieves that the defense Is established out of tho mouths of the witnesses call? ed, they should not find against the company solely on the ground that there were other witnesses to the trans? action who were not produced. GARVIN V. GARVIN. ?? i Supremo Court of South Carolina, i June 22, 1S99. WHEN A MORTGAGE SECURED TWO NOTES HELD BY THE MORTGAGEE ONE OP WHICH WAS VALID AND THE OTHER NOT, THE COURT WILL NOT EN? FORCE THE DEED AS TO THE VALID NOTE. This was an action to enforce a mort- j guge made to secure two notes, one of which was for a vulid consideration and the other ostensibly for 9l,U0U, but real ly for future advances, both notes be? ing payable to the mortgagee. He falsely stated they were both for debts due tilth, and after the advances had been repaid him he sued on both notes lo foreclose the mortgage and the mortg-agce answered, udmitllng the validity of both notes, knowing that nothing wus due on one of them. There was a decree for plaintiff and defend? ants appealed. The court says: The first question raised by .the ex? ceptions Is whether the Circuit Judge erred In not Unding that the mortgage was null and void on the grounds thut the note for $1,000 was without consid? eration, and thai both the said note and mortgage were executed for the pur? pnsu of hindering, delaying, and de? frauding the creditors of Robert Carvin, deceased. Tho following facts aro established by the testimony: (1) The plaintiff had notice, at the lime the notes and mort? gage were executed, that Robert Garvln was Indebted to T. A. McCreery & Co. (-) No money was loaned by the plain? tiff to Robert Carvin at the time the notes and mortgage were executed, and, if the note for $1,001) had been given for advances thereafter to be made, it wc uld have been more natural lo have stated this fact than to have said it was for the payment of $1,000 In live years after date, with Interest from the time the note was executed, d) When the plaintiff was requested to give In? formation as.to the consideration of the mortgage, he did not state that the notb for $I;000 was in consideration of ad? vances thereafter to be made. He, howcyer; at that time, claimed that Robert Garvln was due him about (1,500, which he knew was not true. (-1) The plaintiff sail retained possession of the note for $1,000 after the amounts claimed to have been advanced were re? paid. 15) In this action the plaintiff brought suit on both notes, when he knew thai nothing was due on the $1.000 note. Fuilhcrmore, as evidence of mala Hue.-'. Robert Carvin In his answer admitted that both notes wore valid and unpaid, when he knew that nothing was chic on the "$1,000 note. These facts fern, upon us Hie con? clusion that the note for $l,000 was without consideration, and that both th.- said note and mortgage were ex? ecuted for flu purpose of hindering, de? laying, and defrauding the creditors of Robert Garvln, deceased. Having reached the conclusion that the plain? tiff and Robert (}. Garvln were guilty of actual fraud In the execution of the mortgage, it cannot .stand as security even for that part of the indebtedness that was bona Ilde. In the language of the boohs, "the court is not bound to disentangle a web of fraud to ascertain ir any good material be mixed in it." The ? xqeptlons raising this question are sustained. Reversed. Don't fall to vlrlt Miller. Rhoads & Co.'s Great Mill End Sale. REPENTANCE. DR. COHEN'S SERMON AT OHEF SHOLOM TEMPLE. On Friday evening Dr. S. R. Cohen, the new rubbl of Ohef Sholom Temple, preached an eloquent sermon on "Re? pentance, of which the following Is a resume: Text. Hasca xiv:2: "Return Israel, unto God. your Lord, for you ure stumbling In your transgressions." You ure not wholly sinful, you are not prostrate in sin?you have merely stumbled. It is In your power to return unto God, to cease transgression nnd i become'pure again. Judaism never holds that a man Is wholly sinful, that man Is thoroughly bad. It will merely say he has trans? gressed. Judaism meets this problem? as it meets all other problems?In mi essentially practlcat manner. It knows that the human being is a bundle of In? consistencies. One moment he has high Ideals, while in the next he has low alms: one minute lie does a mean act, the next minute lie covers ui> his re? treat by a grand sacrifice as atonement for his evil. Judaism knows, therefore, that tho majority Of evil nets perform? ed are dune in moments of careless? ness. Most of our acts are done when we are really ignorant of the result, nnd when we find that theresull is evil we usually cease performing the act. In other words we have within our? selves the power lo return t" God at all times. We are merely stumbling, nnd yet .the fact that we aro stunibllnjr is a warning to us that we may go too far. A practical illustration of this fact would be ocean bathing. The strong under-tow weakens you, and you are at last compelled lo return to the shore. If you do not. this under-current will drng you to a watery grave. Our text here could be read: Return unto the shore ami safely, for thou art stum? bling In thy weakness. In the soul there Is n strong under? current of transgressions from the ocean of evil. When we wado out into the ocean we hardly feel the strong under-current that is sapping our soul of its strength. Wo hardly realise when we do some little unkind deed or say an unkind word, that the under-low of evil is gaining the mastery over us. All nt once we venture out it little too far?we become a little more unkind, a little more selfish, a little more nsper slve. Our friends see this and begin to talk nbnut us, begin to avoid us. We are left severely alone. These ure the indications that we have gotten out a little too far in the ocean of evil: "Re? turn unto God. thy Lord, thou art stumbling In thy transgressions." Another practical illustration is a building built Upon an insecure foun? dation. It does not fall at onco, but gives indication of collapse long before the accident- If rennirs are made In time the building can be saved ami lives spared. So we build t)ie health of tho body upon an insecure foundation. The fln-dc-slcclo boy or girl must know everything human or divine?language,' literature, music, philosophy. The body cannpt stand the strain und the health gives away. They can't sloop, they can't eat. Their nerves are put on end by the least excitement. Their whole bodily structure is being rended and torn by the great strain. If something is not done to remedy the evil the ciasb will come?denth! "Thou art stumbling in thy transgressions; return unto Odd." So with tho merchant who puts too great n strain upon his bodily health. He will work fifteen hours a day. Will pay no attention to social, intellectual or religious functions. All nt once his mind becomes dull, he can't think. He has become spiritless, listless, nervous. These uro premonitions of a greater danger. These are warnings tliut the bodily structure .will fall with a crash If a change is not mnde. "Thou art stmbllng In thy transgressions: return unto God!" Tho young man starting out in life, with tho whole business nnd social world before him. Is load to believe by the glib talk of bis associates that he can twist the straight line of morality, iustico. honor, probity. He might go through the whole gamut of shady proceedings. The time comes when he Puds that he has butlded his card house upon a shifting bed of sands. He learns the sad truth that he must build again upon the firm foundation of truth, honor, chnstltv. justice., or remnln a cipher in his community. "Thou art stumbling- in try transgressions; re? turn unto God." You may ask me: "What is God, that I may return to htm?" Now we can? not know God In essence, but we do know God's attributes. They are good? ness, mercy, charity, love, benevolence, justice, etc. They are all things right. God Is righteousness, and when wo are urged to return to God it means to re? turn to goodness and shun evil; return to love of fellow-men and shun hatred of fellow-men; return to sincerity to? ward fellow-men and shun deception of fellow-men; return to mercy in exten? uation of tho acts of our fellow-men | and shun cruelty towards our fellow men. In short, return to the whole body of righteous acts toward our fel low-meti and toward our bodies, nnd shun the whole body of transgressions against our fellow-men and our own "bodies. For righteousness is godly, the good Is God, and when we do the rijrht toward our fellow-men,, our body nnd our soul, we have returned unto God. we have ceased stumbling in our transgressions. MR. C. T. CALER. OBSEQUIES OF THIS POPULAR YOUNG MAN. The obsequies of the late Mr. Chester T. Cater, who died in Ben Mar, Md., Thursday, were held from the Queen Street M. E. Church at 4 o'clock- yes? terday ofternoon In tho presence of a large assemblage of sorrowing friends' and relatives. Atlantic Lodge No. '2, A, F. and A. M., and the Royal Arca? num, of which the deceased was a mem? ber, were in attendance. The services were conducted by the pastor. Rev. S. O. Hatcher, assisted by Rev. Dr. II. E. Johnson, of Cumberland Street Church, nnd Rev. C. \V. l'ettlt. The floral tributes were numerous nnd very hand? some. The interment was in Elniwood Cemetery. The Stamford (Conn.) Advocate. In announcing the death of Mr. Caler, pays the following beautiful tribute to his life and character: "A dispatch from Bryn Mawr, Pa., to-day announces the death of Chester Ciller, of Norfolk, Va. To many in Stamford the news will be sad. indeed, for he had here acquaintances and friends who know the sense of loss which his deatli means to his family, and to the social circles with which he had long been identified. "Mr. Caler spent his boyhood In Stamford, and will be remembered by some as a student In tho High School when the late Allen P. Heals was its principal. Ills father was engaged in the business of dredging, and one of his contracts was tho digging out of the. canal, in the seventies. The family liv? ed hero for several years, removing to Norfolk; Vn., Mr. Caler having large contracts for dredging on the Chesa? peake Bay. '"When Chester attained young man? hood he entered Into business as the partner of IiIr father, and soon demon? strated that he possessed those quali? ties which are essential to a successful man of affairs. Gradually he assumed the chief management of tho business, which, under his direction, nssunied large proportions, and the firm nnmc I was throughout the section of country I in which It wns engaged a synonym for business rectitude. "Mr. Cnler, ns might be expected of a youmr man of his qualities, noon won a high place among tho best citizenship of Norfolk. He was universally re? spected, and his high character nnd sound judgment gained for him a large measure of esteem from all classes of people. He united with several frater? nal orders, and wns one of the officers nnd strongest supporters of one of the Methodist churches in the city. He possessed, apparently, a vigorous con? stitution, and had a capacity for work not often seen among the people of the South. A few months ago, to the sur? prise of his friends, his health failed, and symptoms of hasty consumption j appeared. The host physicians in Nor j folk wore consulted, as well as speeiaT I 1st? from Bnltimore. but they held out J little hope, except that In a more fav orablo climate his Mfe- might'-bo pro* longed. At times since theft' there have been slight improvements, but none to Justify the hone of recovery. Ho was, by the advice of his physicians, re? moved several weeks ago to Bryn Mawr. in the mountains of Pennsyl? vania.- and here he died. All that was possible was done for his comfort by loving hands, and when the end came he was surrounded by his wife, chil? dren, father and sister; "He was married to Miss Tda. Hol lett, a daughter of Mr. and Mrs. Henry Hollett, of Shtppen, to whom the fam? ily has paid a visit every summer for several years. The widow and two chil? dren survive hlm.? Next to these the blow will fall with greatest force upon his father, w ho had leaned upon him so much in his business affairs for so many years, and to whom he was oven more than a son-fa friend and a com? panion. The deceased had two sisters, both <>i' Wimm live in NotTolk, and a brother, who Is manager of a large furniture house in Baltimore; Mr. Caler took great pride in a beautiful house which he completed last spring In the most attractive section of Norfolk, and where he hoped to make his home. "Nothing but praise can be spoken of his character. He was guided by the highest idee Is in 'every walk of life. Absolutely fair in all his dealings, he despised everything that had the taint of dishonesty, lie was devoted to his family. He was true to bis friends. He was a Christian without cant or hypocrisy. His death, at the very prime of his usefulness, is it m>!sfortune indeed." "Woman's Work ts Never Done/' The constant care causes sleeplessness, loss of appetite, extreme ncr<voiisncss, ar.d \ that tired feeling. Bid a tuondcrfiU change comes tvhen Hood's Sars.iparilla is taken. It gk'cs pure, rich blood, good appetite, steady nemcs. %W0l1? ScvUapcfsiffc A GREAT GATHERING -OF Fall ana Winter novelties is now going on. Elias Ball is now in New York at present gathering in a very large assortment of Dress Goods, Novelties, Fancy Goods, Capes, Coats and Gents^ Furnishings, a large shipment of wh'ich have ar? rived and are now ready for inspec? tion. Our patrons, in buying their Fall and Winter necessaries, can rest as? sured that they will get the very latest and best assortment the market affords, at prices that are as reasona? ble as can possibly be made. The show is now going on; con? tinuous performance from /Monday morning until late Saturday night, at 362 MAIN STREET. WHERE SHOPPING is a PLEASURE I We're ouuaiKca otten-outdone never. Fall's Here-"That is if Hats are a sign. One by one all the new Derby blocks^ have made their appearance DUNLOP, KNOX, YOU MANS, MILLER, and the SAKS SPECIAL besides ail the fash^ ionable shapes In Fedoras. $1.00 to S4.00. If you are going to judge Hat-values by . price ^yqii| must take into consideration that we buy direct from the|! f.ictories-and that we are controlled by no makers^ Facts that concern you more than you think--savf ;a"i dollar or two on the price of any Hat. The responsibility for your satisfaction rests with us--you buy with, our ? guarantee. The counters are full of Top Coats- -another Fall sign. , 234; and 236 Main Street. ^?-.?-?,-_ HATCH St DE?N, The Men's Furnishers of Norfolk. Our Specials Are White Squadron Collars and Cuffs. Collars, any style, 10c. each, $1.00 per doz. Cuffs, any style, \2lAc. per pair, $1.50 per doz. nrnioiier? Halt Hose 4 pair in box for 50c. Same quality as is usually sold at 20c, ot ) pair for 50c. THE LARGEST LINE OF Fine Fancy Hose |n the city. Prices range from 50c. to St.50 per pair. Fall and Winter Neckwear JUST PLACED ON OUR COUNTERS. Ready for your inspection. SUM JMbis ana men's fnii?is af Molt, 25 and 27 Granby Street. CONTRACTORS AND BUILDERS. In tho market for Lime Port? land or American Cement Plas? ter. Hair, Chimney Pipe, Flro Brick. Lath or Shingles. Sco us before you buy. 'Wo aro sole agent* for Acmo Cement Plas? ter New No. 145 Water street. BATCHELDER & COLLINS For Over Fifty Years MRS. WINSLOW'S Soothing Syrup has been used for children while teeth? ing. It soothe9 tho child, softens tho gums, allays all pain, cures wind oollo.' regulates the stmach and bowels.' ana la tho beat remedy for diarrhoea. Twenty! live conts a bottle. Sold by all druggists throughout the world. ' The winds and rains are coming a-roaring and a-pour ing upon us soon. Have you equipped yourself for the pluv? ial occasion ? An umbrella is what you need?one that is strong and fadeless. . That's the kind we keep ; we don't handle loose, shaky Umbrellas. Therefore you should buy yours here, for two reasons: 1 ? The manufacturer guarantees the color. 2. We guarantee the price. Wen's Umbrellas from 98c. and up. Women's Umbrellas from 98c. to $6.89* Furs?Coats? The cold wave is coming'. Just opened, a full line of all kinds of furs? capes and collarettes?minks and muffs. Magnificent array of styles?seal and sable?astrachan and coney?-bear, muf low and lamb. Short and smooth? long and shaggy. Black and white brown and grizzle. Prices S3.50 to ?qo.OO. Black and colored beaver coals? lined with silk?correct lengths?S9-S9 to ?l 2.00. New golf capes?made of chinchilla?plain blue outside?gorgeous plaids inside?surrounded with colored twisted fringe- Capuchin Hood?prices 311.89 and Si4.89. We would be glad to show you these furs, coats and capes. After seeing them we know you would be covetous and templed to buy. Large assortment conect styles?popular prices. Next Door West of the Academy ot Music Entrance. Fine Flannels These embroidered flannels of ours are simply superb?charming. The mate? rial is line and all wool. The embroid? ering is faullless?exquisite?artistic? beautiful. Links and rings and sprays and webs and scollops and dots all in a medley too dainty?delicate lo describe. Prices 59, 75, 89, $1-00, $1.39 and $1.50 a yard. New eider downs in pink and blue? red and gray at 35c. a yard. Width 27 inches. Thick nap. All wool, (will red flannels at 25, 40 and 50c. a yard. Made by the best makers. Immense line of white flannels in wool-mixed and an- vool. All widths-?wide'and narrow. Ajl prices--16?i lo 69c. a yard. 32 |nch navy blue twill flannels 45 and 50c. a vaid Colored Goods Of the Season. High Novelty Dress Goods?Golf Plaids, Homespuns and Melrose Suitings ?are in vogue for (he approaching sea? sons?Fall and Winter. We have opened up an unusually attractive assortment of all these. All kinds for all minds. Gaudy for the gorgeous taste?subdued for die simple laste. 58-inch extra heavy double-faced Suit? ing, plain face, plaid back, $2.50 and $}.50ayard. Rich and stylish. Being extra heavy and double faced, these .suitings don't require linings. The lin? ing and ihe material are combined in one. 56-inch Stylish Plaids in great variety, $1.25 and $1.50. Greys, blues, browns and greens charmingly combined. 58-inch plain grey Horn (spun, SI.00. 50-inch tan Melrose, 75c. 50-inch navy blue Venetian, 75c. 38-inch all-wool Suitings, 25c. a yard. Proper colors. Black Goods Of the Season. Below we append the names of nearly all the wonted weaves that will be in demand this season. Not a single thing is mentioned that will not be in demand. So, you see the assortment and simply select your favorite fabric, and it will be a stylish one. 54-in. smooth Venetian Cloth, Si yd. 44-in. fine French Serge, 50c. yd. 50-in. rough Storm Serge, 75c yd. 5o-in. fine grade of Broadcloth,$l yd. 40-in. nappy twill Nuns Cloth, 59c. yd. 44-in. tine French Poplin, 75c. yd. Priestley's line wool Powderette, for mourning dress, $1.25 a yard. Width 42 inches. 3S-inch reversible Black Brilliantine, 59c. a yard. 44-inch New Magnet Cloth, 75c. yard. All-wool Black Flannel, 25c. a yard. Width 34 inches. Blankets and =gj Underwear. 3 The bins are filled and the shelves are heaped high with new winter blankets? blankets of all colors, classes, sizes and prices. Buy your blankets now?there's ?*m not a better time. Buy them here? - <*j there's not a better place. Some out tell mg us, but none out sell us. $3.98 for a soft, pure-wool 11-4 blanket. $6.89 for an extra size, extra heavy, pure-wool 12-4 blanket. S2.S9 for a fine white wool 11-4 blanket. $4.S9 for a soft, genuine wool 11-4 red blanket. All wool grey blankets at moderate prices. Ladies' Australian lamb's wool ribbed vests, $1.00 each. Well shaped?cov? ered seams. Men's fine white wool shirts?well made?neatly finished? $1.00 each. These are winter good?/. No. 206 MAIN STREET NORFOLK, VA. New Telephone 822.