Virginian-pilot., December 21, 1899, Page 5, Image 5

About Virginian-pilot. (Norfolk, Va.) 1898-1911

Image provided by: Library of Virginia; Richmond, VA

                
THE NEWS OF NORFOLK ON PAGES % 3, 5 & 6.
Go fishing where fish have been
caught by others If you -want to be
cured take the mediciue which has
cured others. Dr. Pierce's Golden
Medical Discovery cures diseases of
the stomach and organs of digestion
and nutrition. It cures many dis?
eases which seem remote from the
stomach because it cures the stomach
in which such diseases have their
origin. '
"Words fait to express what I suffered for
three years, with cold chills, palpitation of
heart, shortness of breath, and low apirlls,"
writes Mrs. A. C. Jones, of Walterboro, Col
letou Co., 8. C. "X could not sleep and
really thought I would soon die. Had a
peculiar roaring through my head all the
Ihne. Was so emaciated and weak 1 could
not feed myself. My aunt Induced me to
try Dr. Fiercc'a Golden Medical Discovery,
which I did only to please her, adtl six bet
ties curtd me. To-day am sound aud well.
During the three years I was sick I had five
different physicians."
Dr. Pierce's Pleasant Pellets cleanse
the system and regulate the liver.
wmm.
- A Good Suit of Clothes or Over
-coat. A Sensible Christmas Pres
-ent.
- You ennnot appreciate the val
-ues and appropriateness of our
-assortment of Presents for Gentle
-men unless you see them.
HOME KILLED MEATS !
THE ONLY KIND WE SELL?THE
ONLY KIND YOU WILL USE AFTER
YOU UNDERSTAND THE MEAT PRO?
BLEM. IT WILL PAY YOU TO SEND
US YOUR ORDER FOR A NUMBER
OF REASONS.- ? -
J.S. Bell, Jr.&Co.,
Corner Queen and Church Sts.
Old 'Phone, S35. New 'Phone, 1010.
Thousands of pretty ones to select from
St wonderfully low prices at
LOUGH RAW 0 PRIEUR'S
RRT STORB.
174 CHURCH STREET. NEAR MAIN.
Beautiful Medallions, Brass Photograph
Frames. Mirrors, Imported Plaques,
China Jardinieres, Easels, Screens, Pic?
tures Lamps, Vases, Tobacco Jars,
Boxes, Collar and Cuff Boxes, Ebony
Goods, Comb and Brush Sets, Manicure
Sets, Shaving Sets, etc.
Beautiful assortment Rox Paper. Com?
pare our goods and prices, whioh we
guarantee to bo satisfactory.
NOTICE OF Til DIVIDEND
Office of Theodore S Garnett, )
Trustee <Sr Receiver of Rurruss, Son & Co)
224 Citizens' Bank Building, Norfolk Va.)
DIVIDEND OF TEN PER CENT, will
be paid to ?11 creditors of Burruss, Son &
Co , on presentation of Receiver s Certifi?
cate at th's office between the hours of
10 a. jik and 8 p. m. on and after Ute I0TH
DAY OF DECEMBER, 1&99.
THEODORE S. GARNETT.
?Truste? and Rsoetver of Burruss Son &
Co. del7-lw,
- .
COURT DECISIONS.
* otes of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY W. B. MARTIN.
(Exclusively for Vlrglnlan-Pllot.)
VA. COAL CO. V. THOMAS.
Supreme Court of Appeals of Virginia.
November 16, 1899.
SECTION 661 OP THE CODE, PRO?
VIDING THAT A. TAX DEED CAN
ONLY BE DEFEATED BY PROOF
THAT THE TAXES WERE NOT
CHANGEABLE, OR HAD BEEN
PAID. IS NOT UNCONSTITUTION?
AL, AS A TAKING OP PROPERTY
WITHOUT DUE PROCESS OP
LAW.
THE FAILURE OP A TAX
DEED TO SHOW AN ADJOURN?
MENT OF THE TAX SALE DOES
NOT AFFECT THE TITLE OF THE
PURCHASER5!,
This was a suit to set aside a tax
deed to J. D. Thomas as Invalid, be?
cause of the fal.ure of the treasurer to
adjourn the sale of the land from a
term of court at which It was adver?
tised to the time at which it was ac?
tually sold. All the other proceedings
were'regular as required by the stat?
utes as to the sale of land delinquent
for non payment of taxes. The lower
court dismissed the bill and the plain?
tiff appealed.
The Court says': ? i
Our statute provides, section 661 of
the Code, that where a purchaser has
obtained a deed for land purchased at
a tax sale, which has been duly ad?
mitted to record, the title thus acquir?
ed can only be defeated by proof that
the taxo3 or levies for which the real
estate was sold were, not properly
chargeable thereon, or that the taxes or
levies properly chargeable upon said
real estate have been paid. That this
statute, at the least, makes a prlma
facie case In favor of Thomas cannot
be questioned.
We have then a case where the
averments of the b 11 are d;ned by the
?answer and the testimony is conlllctlng
and inconclusive as to the Issue of fact
upon which the controversy depends,
and we have the decision of the Cir?
cuit Court in favor of the appellee,
which must prevail, unless we'are pre?
pared to pronounce the decree erron?
eous.
But this Is by no means the full
strength of the case for appellee. He
invokes tho protection of section C61
of the Code, which, to apply the lan?
guage of the Supreme Court of the
United States In Callanon v. Hurley,
"removed difficulties which had before
existed In the way of establishing a tax
title and at the same time works no
injustice to owners of land subject to
taxation ? *."
Section 661 of our Code, however,
goes further than the Iowa statute
which camo under consideration in
Oallanan v. Turley, for It undertakes
to make the deal conclusive upon all
questions Involved, save only . that it
may still be attacked by proof that the
taxes for which the real estate had
been sold were not properly chargeable
thereon, or that they had been paid. I
That the case Is covered by the de-|
clslons of Flanagan v. Grlmmett, and
Hobbs v. Shumate, is conceded, but It
Is contended that the authority of those
cases Is destroyed by the Fourteenth
Amendment to the Constitution of the
United States, which provides among
other things, "that no man shall be
deprived of his property without due
process of law."
We apprehend that such has always
been the law of this State, and we can?
not think that Judge Allen, speaking
for this court In two well considered
cases, meant to decide otherwise. It is
the duty of the State to cause the bur?
den of taxation to fall equally upon
all citizens, and to enforce the col?
lection of taxes by such means as will
compel each to bear his allotted bur?
den, and in the performance of this
duty the sale of property delinquent,
with an absolute right of redemption
for two years after such sale, Is not
the taking of the property of the cit?
izen without due process of law, and
a statute, which, after all this has been
done, and a deed to the purchaser has
been made, shuts off all Inquiry with
the exceptions heretofore stated, is a
Just and proper exercise of legislative
power. Affirmed.
MURRAY V. SUTHERLAND.
Supreme Court of North Carolina.
November 14, 1899.
IN AN ACTION TO SET ASIDE AN
ADMINISTRATOR'S SALE FOR
FRAUD, THE PACT MUST BE AL?
LEGED THAT THE PURCHASER
PARTICIPATED IN THE FRAUD,
OR HAD NOTICE OF IT, OR WAS
NOT A*N INNOOBNT PURCHASER
FOR VALUE.
This was an action by the heir at
law of James W. Murray to recover
the real estate of which he died Beised
and possessed. The defendants an?
swered that the land was sold under
proceedings to make assets to pay
debtsi sale confirmed, purchase money
paid, and deed made to purchaser,
from whom by mesne conveyances
title had passed to these defendants.
The plaintiff replied admitting these
allegations, but says he is informed
and believes that the proceedings set
out "were the result of a conspiracy
participated In by said admlnstrator
and others to defraud plaintiff, who
was then a minor of tender years,
out of his land as described In the
complain* herein, and did defraud hhn
of the same by said proceedings, which
plaintiff is informed are irregular,
against the course and practice of our
courts, Illegal, and void." Upon the
complaint, answer, and reply, the court
adjudged that "the plaintiff take noth?
ing by his action, and 'that the defend?
ants go without day, and recover of
plaintiff costs of suit," and plaintiff
appealed.
The court says:
But should we treat the plaintiff's
action as being one to set, aside, for
fraud and irregularHy, the Judgment
and sale, the allegations aro wholly In?
sufficient. The, allegation of a. con
Relief In Six Hours.
Distressing kidney and bladder disease
relieved '.n six hours by "New Great
South American Kidney Cure." It Is a
great surprise on account of its exceeding
promptness In relieving pain in bladder,
kidneys and back, In male or female. Re?
lieves retention of water almost Immedi?
ately. If you want quick relief and euro
this Is the remedy. Sold by Walke, Mar?
tin & Gray, druggists, Norfolk, Va.
w&th-ly *
splracy to defraud by the "administra?
tor and others" is too indefinite. Nor
is there any allegation that the pur?
chaser participated In the fraud, or
bought with notice thereof, nor that
the defendants had knowledge of such
fraud, and were not Innocent pur?
chasers for value, and without notice,
and there" other defects. The courts
do 'not favor "Judgment upon the
pleadings," but the pleadings of. the
plDlntiff In this case are so defective
that the court below properly held that
ho could not recover. Affirmed.
THE WOOD-BEE MINSTRELS.
YOUNG GENTLEMEN BOARDERS
ENTERTAIN A JOLLY HOUSE?
HOLD.
The young gentlemen residing at Mrs.
Fender's boa: ding-house, as that sec?
tion of the old "Norfolk College for
Young Ladies" building, not occupied
by the Mary "Washington College, is
now known, gave a very elaborate and
laughable ante-Christmas entertain?
ment to the guests of the house and
their friends last night, the pleasant af?
fair bel?g entitled: "The Wood-Bee
Minstrel Co." Of course, the Indies of
the college were invited and equally, of
course, they, together with most of
those Invited, went.
The. minstrels held forth in the third
floor ''school-room, and the gorgeous
costuming of Lew Dockstadter and
Billy Vann was entirely overshadowed.
All were purely amateur, of course,
most of the performers never having
faced an aud'ence bjfore, unless It was
to lead a german or line-out a golf
links, champion a progressive-euchre
party, or tool a four-in-hand in a
hay-ride outing, but the work done
was very creditable and the audience
simply laughed themselves Into aching
sides, enjoying very nearly every act
and number presented. Special mention
of anyone would seem unfair, but the
hit of the evening was probably Mr.
James Johnston's coon-song, "My Han?
nah Lady," his pluck, good taste and
good voice proving a winner. Those
taking part in the entertainment were
Messrs. Harry Lester Durrant, Bob
Russell. Jule Stanfleld, George Lightly,
Steve Askew, Theo. Butler, Sammle
Hlncs.^ Charlie Durgln, Jlmmle Grant,
Billy Rowlett and Scott Bosley, the
first-mentioned acting as interlocutor
in the first-part, and the latter twcA
playing "tumbo" and "bones" In the
same. Jlmmie Johnston, Professor Gill,
and others assisted. A cake-walk and
negro farce were the concluding fea-1
tures. The -whole was highly appreciat?
ed.
REV. J. ERNEST THACKER.
ACCEPTS CALL OF SECOND PRES?
BYTERIAN CHURCH, NORFOLK.
A large congregation attended the
services at the Second Presbyterian
Church last night, the interest being
centered In a desire to hear Rev. J.
Ernest Thacker's letter of acceptance of
the pastorate of the church.
Mr. Alexander Broughton conducted
the exercises, during which the follow?
ing letter from Mr. Thacker was read
by the clerk of the church session, Mr.
Luther Sheldon:
319 S. St. Aeoph St.,
Alexandria, Va., Dec. 19, 1S99.
To the Congregation of the Second
Presbyterian Church, Norfolk, Va.:
My Dear Christian Friends,?I appre?
ciate very much indeed the honor you
have shown me In asking me to become
your pastor, and also the kind and
earnest manner in which your commit?
tee have presented the claims of your
church. Because of the pressure of
other seeming duties, it has cost me no
little effort to decide what my real duty
Is In the matter. Your call, however,
doea seem so very providential, the
members so hearty and so cordial, nnd
the future before the church so prom?
ising, that I am constrained, after the
most earnest and prayerful considera?
tion, to believe that I ought to accept
It, which I do subject to the action of
my Presbytery.
We believe that God, through his
Spirit, directs the church In the choice
of a pastor, and by the same Holy
Spirit and Providence leads the pastor
to the people; believing this, we have
a right to ask and to expect God to
bless this union. And I beseech you,
brethren, in the name of Jesus Christ,
our Saviour, that you pray God to send
me among you full of the Holy Ghost
and of power to do His work. I pray,
also, that each Individual member of
the church, old or young, will remember
that God has made him, or her, a co
laborer with the pastor and with Christ
in the work of saving souls, bearing one
another's burdens and establishing the
knlgdom of rlcrheou3ness, peace and
Joy in the world.
May the God of all grace establish,
strengthen, settle you in every good
word and work. God permitting, I ex?
pect to be with you, at furthest, by the
first Sunday in January.
With many good wishes and a sin?
cere God bless you for each one, I am,
Cordially and faithfully yours.
J. ERNEST THACKER.
" The Great
Superiority "
of Tarrant's Effervescent Seltzer
Aperient is in its power to relieve
without irritation. It cleatis&s-&nd
refreshes the stomach and bowels,
removes gouty and rheumatic
poisons from the blood ,and allays
feverish conditions in a wonder?
ful manner.
T A R RA NT & CO., Chemists, New York.
. At ttntffistt, joc. ana* -f/.oo. ? 4
CENTRAL LABOR UNION.
LEGISLATIVE MATTERS CONSID- |
ERED AT LAST NIGHT'S MEET?
ING.
The Central Labor Union held
largely attended meeting last night at I
their hall, on Bank street, the occasion !
being the regular semi-monthly busi?
ness meeting.
One of the principal matters before |
them was the child labor bill, intro?
duced In the present Legislature by
Hon. Charles T. Bland, of Portsmouth,
which was referred to the Legislative
Committee with Instructions to confer
with Mr. Bland In regard to one of
the provisions of the same.
Another matter was the fellow-ser?
vants' bill and letters from Messrs.
"Whltehead. Bland. Foster, of this port,
and Folkes. of Richmond, promising 1
their support and hearty co-operation
In securing the pnssnge of this bill.
The election of officers was deferred ]
to the first meeting in January.
An Ounce of Caution.
Guisseppe Plctrantonia, Italian, yes?
terday secured a marriage license for
a wedding w>th Caroline Couto. of the
same Rationality, sometime next Jan?
uary. The lady wished to buy ring |
nnd trousseau, and apparently had an
idea thnt this action bound Guisseppe
Ilrmly enough to run the risk.
"Newest Discovery" extracts teeth |
painlessly. N. Y. Dental Rooms only,
No. 324. corner Main and Talbot sts.
N. E. of monument, established nearly
20 years. Ennes, Dentist. New 'phone,
1,681;
See our line of Umbrellas. Every?
thing new in natural and silver-trim?
med handles. Rudolph! & Wallace, 333 j
Main street.
Reported All Well.
The Clyde steamship Wlnejah re?
ported yesterday, on her arrival here,
passing four miles south of Capo
Charles,'the schooner Zanmanting, Sa?
vannah to Philadelphia, railroad Iron
laden, and overdue at her port of des?
tination, and desired to be reported
"All well."
^ Little Book"INFANT C
> HEALTH" Sent FREE,
* Should be In Every House.
^ H.Y. CONDENSED MILK CO.
'CAHCA itl'.TJ do all claimed far thorn
and aro a tmlr wonderful medicine. I hare often
wished for a modlclne pleasant to take and at last
bars found it In Cascarcti. Since taklnc tbam. niy
blood bas boon puriBOd nml my complexion hnn Im?
proved wonderfully and I feel much beuer In ovory
naj." MRS. ha u.iz l?. Sellars, L-Jltrell, Tcua.
Plea.ant. Palatable. Potent. Taste Good. Do
Good, Never Blckon. Weaken.or Gripe. 10c. 26c, fjOo.
... CURE CONSTIPATION. ...
BLillnic n?mr<. r.Bpaoy, <?lr.ro, Hoilraal, Vrr T.rk. 31)
This is
We can offer you a bar?
gain in Childs' and Misses'
Button and LaceShoes.
1 bought large from the
manufacturer at a cut
price. The entire lot to
go at $1.20. Regular
price, $1.50.
John I Small,
302 MAIN STrIeT.
Will remove to $6 Granby street Janu?
ary 1st,
??????<?
OPEN EVENINGS UNTIL CHRISTMAS.
To day's Programme:
Lust of the Special Sale of Smoking Jackets?
which offers choice of every Jacket in tlie house at
little or nothing compared with the actual values.
English and Scotch efFects, plaids and solid colors,
also plush.
In Lot 1
Are all Jackets worth
up to $5.00 . . . $3.45
In Lot 2
Are all Jackets worth
up to S6.50 . . . $3.85
* In Lot 3
Are all Jackets worth
up to $7.50 . . . $4.98
In Lot 4
Are all Jackets worth
up to S 12.50 . . . $6.95
i 234-236 main street.
o<y<}> o><>-q> ooo- o<*>v> <p-*>-?> a <?>*?><> <><:?<*
A Ladies' Solid Gold Watch.$16.50
Diamond Brooch Pins. 7.50
Sterling Silver Comb and Brush. 3.50
Sterling Match Box..-. 1.00
Diamond Ring. 5.00
Sterling Comb, Brush and Mirror, in case. 12.00
EVERY ARTICLE GUARANTEED.
These are only a few of our leaders. We have an im?
mense stock of all kinds of
HOI?ID AY GOODS
At prices to suit everybody. All goods marked in plain fig?
ures. The newest stock of
JEWELRY AND NOVELTI
in the city. FINE ENGRAVING and REPAIRING a specialty.
j. v. ALFRIEND & CO.,
JEWELERS I 790 MAIN STREET.
JAA1ES P. BANNER, Manager Jewelry Department
I The^ing Gor. Main and Bank Sts. |
IS TO BE TORN DOWN, %
and the largest slock of DIAMONDS. WATCHES.' JEWELRY, SIL?
VERWARE. ETC.. that ever was in Norfolk WILL BE THROWN ON
THE MARKET and disposed of during this month. Wo have no place:
to storo the stock during tho rebuilding, therefore aro compelled to
sell It.
4?Every Article has been Reduced
From 25 to 50 per cent. I
^ AND THE PUBLIC WILL GET THE BENEFIT OF THE GREAT
EST BARGAINS IN XMA3' PRESENTS EVER OFFERED IN THIS
CITY. DON'T DELAY. . ? . iwit
COME WHILE THE ASSORTMENT
IS COMPLETE.
chapman & mmm,
The Live Jewelers.
Cor. Main and Bank Sts.
A Great
Attraction"
During the holiday season for the family"
Is the cheery glow of the fire made from
our coal. It Is tho magnet that draws the
household together, and the pluco were
they always discuss tho superior merits
of our co:il In heating the homo and for
the baking and cooking of the Yuletldw
feast. Our clean and well screened coal
wo are selling at - per ton.
Batch-elder & Collins,
Phone 101
145 Water St.
AND VITALITY
AFTER
X331. MOTT'S
KTErtvuniOTia Fix?ja
Tho great remedy for nervous prostration awl all diseases of tod cpnerattra
organs of oitbor sex, such as Nervous Prostration. Falling or Lost Manhood,
Impotcnoy, Nightly Eratsslorjs. Youthful Errors, Mental worry, excessive uso
of Tobacco or Opium, which lead to Consumption and Insanity, with every
$6 order wo guarantee to cure or refund tho money Sold at 91.00 per box.
6 boxes for 15. uu. sue. MOTT'S CM r.jin A L CO., Cleveland, Ohio.
Sold bv BURROW MARTIN & CO.
EVERYTHING TO EAT
?AT??
Virginia Cafe
and Bakery
S73. MAIN STREET.
BLOOD POISON
HA.VK YOU Sore Throat, FlOiplea, Coi>i i
perr-Oolored Spots. Aches, Old Sores Vl~>'
cors In Mouth. Hair FaHing? ;\vVt6
COOK REMEDY CO., 1677 MA^NIO;.
TEMPLE, Chicago., HI., for proofs of '
cures. Capital SSOO.OQO.? ? .W?.r ::soM<jlt'- -th?:">.
most obstinate cases. We Itave cured tha-N
worst oases la lo io S3 dftya, la&iosuc*
ba?lt fre*. . . ;..^T^t,aygr^g