Virginian-pilot., December 22, 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 2, 3 & 5.
MUNYON'S GUARANTEE,
? Irons Assertions as to Jnst What
tho Hemcdlca Will Do.
Munyoa guarantees
thnt bis Rbeuiustltra
Curs will curu nearly
all cases e( rbeuiua
tlsm In-a fsrr bouts;
tbst bis Dyspepsia Ours
will cure Indigestion snd
all atoujich troubles;
that bis Kidney Curs
will curs 00 per cent,
of sll cases of kidney
trouble; that bis Ca
tr'rh Curo wlU euro
cstsrrb no matter bow
long standing; tbat bis
flsailncbs Cure will cure
any kind of besdaebe lu
a few minutes; tbat
bis Cold Curs will
quickly bresk up sny
fins of cold snd so en through tbo entire list ot
remedies. At sll druggists, ZD .ent> a vial
If you need medical sdrlc? write Prof. MunyoD,
I50S Arob St.. T":llf>. 'i I? absolutely free.
gBBBBBSIBSBSBDBBS&B
Xmas Things
? ?Cite*
Prifces Right
Things of a substantial
sort?for instance'. Fine
Comforts, Table Linens,
Ladies' and Gent's Um?
brellas, Dainty Handker?
chiefs, Real Lace and Lace
Pieces,. Evening Fans,
Fine Leather Goods, La?
dies' Bath Robes?in fact
as complete a showing of
substantial things for
Xmas giving as your eyes
ever beheld. The win?
dows suggest many
things.
" Our Windows tell the Styles."
!j
, ui v miivj v?
The Monticello Corner.
CHRISTMAS
MILLINERY.
We help to brighten the Christ?
mas season by providing bright?
ening effects in Millinery.
Fashionable creations for those
who want style. A lot of odds
and ends?ribbons, silks, etc,
for fancy work for the holidays.
There's beauty and cheer all
through oirrstock. -
Millinery at Greatly
To-morrow we begin selling
all our HATS, trimmed and
untrimmed, Feathers, Velvets,
Ribbons, etc., at big reduc?
tions,
Becauso our season Is nearly at an end,
and wo want to dlsposo of all Winter
Goods. We hive quite a large assort?
ment of Doll Jiats.
Mrs. P. Ries.
162 Church Street.
l^Pi MODb,
We are showing a beautiful line of
Pocket Books and Purses.
with silver or brass initials. Xeck
Ruches, Fancy Collars, Belt Buckles,
Jiaii Ornaments and a variety of novel?
ties tor Christmas presents. Will, be
pleased to show them to you. '?-<
IvA MODU,
Mrs. H. Posner,
UNDER MONTICELLO HOTEL*
(I RAN BY STREET.
COURT DECISIONS.
f\ otes of Cases Recently Decided,
Which are of Interest to
Our People.
DICESTED BY W. B. MARTIN.
(Exclusively for Vlrglnlan-PlIot.)
' HARRISONBURG V. ROLLER.
Supreme Court of Appeabr of Virginia.
November 16. 1809.
A CITY. HAVING POWER TO OPEN
AND IMPROVE ITS STREETS, IS
NOT LIABLE F.OR DAMAGES TO
AN ADJOINING OWNER, WHOSE
LAND IS NOT TAKEN, FOR RAIS?
ING THE GRADE OF THE
STREET, IF THE -WORK IS DONE
WITH REASONABLE CARE AND
SKILL.
EQUITY WILL NOT ENJOIN SUCH
AN IMPROVEMENT IF DONE IN
GOOD FAITH; THE LAND OWNER
CAN SUE AT LAV/ IF REASON?
ABLE CARE IS NOT USED.
THE COUNCIL MAY DELEGATE TO
THE STREET COMMITTEE THE
EXECUTION OF SUCH WORK.
This was a suit by Holler to restrain
the town of Hnrrisonburg from raising
the grade of the sldcwn.k in the
street In front of his residence, on the
ground that such raising of the side?
walk would cause wat r to flaw into it s
yard and als.o injure, the appearance ot
hlg property. The lower court perpet?
uated the injunction and the town ap?
pealed.
The Court says: *
If the corporation acting in these j
matters under the powers conferred
upon it exercises reasonable care and
skill in the performance of the work re
salved upon, It Is n t answerable to the
owi.cr of on adjactnt lot, whose land is
not actually taken, for consequential
damages to his premises, unless there
is a provision In Its charter or in some
statute creating the liability, which, it
is not pretended, exists in this case.
Such damage is not an Injury In the
legal sense, and the law provides no
remedy for it, it is damnum allesque in?
juria.
If, the work Is done In the exercise
of power conferred upon the municipal
body and Is executed In a reasonably
proper and skillful manner, the city or
I town is exempt from legal liabil ty, al?
though the work may be nttended or
followed by damage, as a nec;ssary In?
cident to the owner of an adjacent lot.
If It is not so executed and damage re?
sults from the manner of its execution
to the owner of an adjacent lot, such
damage is not necessarily an incident
to the accomplishment of the work, and
the owner, In that case, has redress
against the city or town by an action
of tort.
Courts of equity have no authority to
Interfere by Injunction with the exer?
cise In good faith by municipal bodies
of discretionary powers conferred upon
them by law. If damage ensues to the
owner of an adjacent iot from the im?
proper or unskillful performance of
the work dnc within the scope of such
p.iwcr, his remedy is' by an action at
law and not In equity. Clearly a court
of equity could not Interfere and re?
strain the performance of the work
upon the apprehension of the owner of
the 'ot that it may not be properly
performed.
The grading and laying of the side?
walk In question, as proposed by the
Council of the town, was expressed
within the p..wer conferred upon it.
The result of such Interference by a
court of equity would bo to control ab?
solutely the Council of a city or town
in the exercise of the legislative func?
tions plainly' conferred upon it by the
charter of the city or town and to be
exercised by the Council according to
its discretion: to usurp powers exnress
ly conferred upon the Council, and to
substitute the discretion of the Court in
tlte place of that of the Council.
It was argued that the Council had
delegated to the discretion of Its Street
Committee the work of raising the
sidewalk In front of the res'dence of the
appellee, which discretionary power
v as vested in the Council alone and
was Incapable of being delegated by It.
The evidence In the case refutes the
contention.
The Council ordered the work to/be
done, prescrlb?d how it should be done,
and left Its execution to the Street
Committee. This was no undue delega?
tion of power. Reversed.
RHODES V. RHODES.
Supreme Court of North Carolina.
November 14, 1899.
THE RIGHT GIVEN A DEFENDANT
SERVED BY PUBLICATION, BY
CODE, SECTION 220, TO COME UN
AND DEFEND THE SUIT, AFTER
JUDGMENT, GIVES HIM THE
RIGHT TO EVERY DEFENSE HE
WOULD HAVE HAD IF PERSON?
ALLY SERVED WITH PROCESS,
EXCEPT AS TO THE RIGHTS OF
A PURCASER UNDER THE JUDG?
MENT.
The tacts appear from the opinion of
the court.
The court says:
This is a motion under Code, section
220, made In the prescribed time, by a
non-resident, who has been made a
party by publication, to come in after
judgment in a partition proceeding.
The court found as n fact that the par?
tition as made is unjust, and the share
allotted to the petitioner is of less
value than that allotted to the other
tenants in common, and ordered the
decree heretofore made set aside, and
that the petitioner bo allowed to an?
swer and defend in this action. There
is no contention that any of the prop?
erty has been 'sold to a purchaser In
gor/d faith, nor, on the other hand, of
irregularity in the order of publication. >
The appellants contend thft the right,
given by section 220 to come in and
defend after judgment extends only to
'defenses upon the merits,?i. e. .as to
the allegations as to tenancy Incommon,
,or the number of shares or the right
to partition under the circumstances,?
and does not extend to exceptions to
the report of commissioners on the
ground of inequality, and the like.
But we do not think the word "defend"
In this section has the restricted mean
tng contended for by the appellants.
The object of this section Is to enable
a non-resident who has been person?
ally served with summons to come In
within the prescribed time after
Judgment, and assert his rights as
fully In every respect as he could have
done before judgment, had he been
personally served, saving, as the sec?
tion provides, the rights of anyone
who has bought the property In good
faith under the decree of sole In the
cause. The defense Intended to be
allowed one who has not been actually,
but only constructively. In court. Is
not confined to those matters which,
pleaded In apt time, would defeat the
action. Being a remedial statute, a
just construction Is that It allows the
party against whom a Judgment has
been taken to set up also any excep?
tion which would have prevented or
modified the judgment. This proceed?
ing Is under Code, section 220, and Is
not to Impeach the former Judgment
for fraud and Irregularity, though in
partition proceedings even that could
be done by petttion in the cause, which
Is an exception to the general rule that
a judgment can be attacked for fraud
only by an Independent action. Af?
firmed.
PEOPLES' FORUM.
NOTE.?The People's Forum bei??
freely open to all parties, classes, per?
sons, views and capacities, the Vir?
ginian-Pilot is responsible for none
of tho statements nor opinions ex?
pressed therein, nor for the style in
which they are set forth. The ignorant
and uneducated shall he hoard here
equally with the learned.
For London.
F.dltor Virglnlan-Pilot:
A correspondent sends me a part of
an issue of December 21th, 1732, of "the
Virginia. Gazette and Bichmond and
Manchester Daily Advertiser, with th s
advertisement: "For London. The Ship
Martin, Captain Philip Parcel. She Is
loading at Norfolk, and has a great
part of her cargo engaged. The terms,
freight Six Pounds per ton, put ulong
s'.de on l.bcrty of consignment. The
Martin is as fine a ship as was ever
built in this slate. Apply to Mr. J.
Fester at ltichmond; Mr. Thos. Shore,
or Mr. J. Grayson, Petersburg. Thos.
Bltson, owner In Norfolk."
Captain Ritson was an ardent Revo?
lutionist, was a member of the State
Committee of Safety, 1770-1776; has
descendants living bore.
The rate of freight, six pounds per
ton, appenrs fabulous compared with
present nates, for the latter now are
sometimes as cheap as six shillings.
In the same year "The Independent
Ledger" was published by William
Davis & Co., In Petersburg.
THOS. B. ROWLAND.
Mr. Camp Is Foreman
In an Interview in the Virglnlan-Pilot
yesterday Mr. Edward Camp was al?
luded to as superintendent of the Nor?
folk Knitting Mills. Mr- Camp wishes
this corrected, as he is foremo,n ot one
of the departments of the mills, and
not superintendent.'
A COMMUNION SERVICE.
PRESENTED TO SOLDTERS* HOME)
BY MRS. DAVIS.
(By Telegraph to Virginian-Pilot.)
Richmond, Va., Dec. 21.?Governor I
Tyler to-day received the following [
from Mrs. Jefferson Davis:
The Glrnrd, W. 44th St.. New York.
To the Governor of Virginia:
Dear Sir:?I send to-day n. com
\munlon service, with the linen proper
for its use, and beg you to present it
to the veterans of the Home In the
name of a few Confederates who honor I
their steadfact valor, the proud mem- |
ory of which time cannot efface.
"We had hoped to offer It on the birth-|
day anniversary of General Harry
Hcth, but fulling to receive It In time,
we make It a Christmas offering to the j
veterans and ask God's blessing upon
each and every one of them. Believe!
me. honored sir.
Very respectfully and cordially yours, I
(Signed)
VARINA JEFFERSON DAVIS.
December 19, 1890.
BISHOP TURNER REFUSED.
A BERTH IN A GEORGIA SLEEP?
ING CAR.
(By Telegraph to Vlrglnlan-Pllot.)
Atlanta, Gn., D?c. 21.?A special from
Savannah says:
"Bishop Henry M. Turner, of Geor- !
gla, was refused a berth on a sleeping
car to-day by the officers of ths Central |
rallroud In this city.
"The Bishop, who Is 111, having been
paralyzed a few days ago, desired to
return to Atlanta to-morrow. He ask?
ed to secure a berth In a sleeper, but
Was told that berths were not sold to
colored persons.
"The sleepers are owned by the Cen?
tral railroad, nnd the road ha3 an arbl- I
trnry rule thnt no colored persons shall |
ride in the sleeping cars between At?
lanta and Snvannah, or any branch of |
the company."
Coorgia Against Osteopathy.
(By Telegraph to Virginian-Pilot.)
Atlanta, Ga., Dec. 21.?Gov. Candler,
after a conference with many physi?
cians, to-day vetoed a bill passed
recently by both Houses of the General
Assembly providing for the practice in
this State of osteopathy?treating of
the structure development of the bone.
The physicians contend that osteo?
paths knew nothing of materia medica,
while they would be given the right to
prescribe medicine, the same as any
regularly licensed physician, should
the bill become operative.
A Call for Facts.
(By Telegraph to Virglnlan-Pilot.)
Washington, D. C, D c. 21.? The De?
partment of State has called upon
Ur.ked States Minister Hunter for a re?
port of the fuels in the case of two
Americans, Imbo.lun and Golden, who
were killed by a native In San Pedro,
Honduras, recently.
COUCH SYRUP
Cures Croup and Whooping-Cough
Unexcelled for Consumptives. Gives
quick, sure results. Kefuse aubttitutes.
Dr. Bultt Pilltcure Biliousiwu. Trial, rojbrse.
OUR GOVERNOR'S ELOQUENCE
The Baltimore American pays the
following handsome tribute 'to Gov?
ernor Tyler:
Governor James H?ge Tyler, the exe?
cutive of the Commonwealth of Vir?
ginia, keens on tap n supply of elo?
quence that never runs short. It seems
to have come to him as a heritage from
those orators who made Virginia
fumous in the days when It was play?
ing a leading part In the nation's his?
tory; when tt was the mother of Presi?
dents and statesmen whose names are
'ndissolubly linked with some of the
greatest evnts in the annals of the
country. This eloquence makes its ap?
pearance at every opportunity, and
never falls to secure the sort of recep?
tion it deserves. In the message wh'ch
he eloauent Governor of the Old Do?
minion sent to the Stat~ Legislature nt
Is opening session in Richmond, there
were several pages worthy of Demos?
thenes?pages that even Cicero might
have been tuend to have penned. Read
the*8 words of the mossngc:
"When we look hack over the years
that have gene and think of the vast
expenditure of human brain and brawn,
and human blood required to erect here
our homos, establish here our system of
government and to maintain our man?
hood ami our liberty, it Is bound to stir
n lively appreelatl n of the blessings we
now enjoy, and a deathless gratitude
toward those free and uh taunted spirit.*
from whom we are proud to have de?
fended. Go back a hundred years nhd
think of the American wilderness from
whoso shadows the antiered herds were
roused by the bl.nvs of tho woodsman's
nxe. then I hink or It :is it i? t >-dhy, rib?
boned with Interminable highways of
steel, bewebbed with endless wlrea,
marked all over by broad wagon roads,
doited with coin fort able hone? while
from sea to sea. every who: e. great cities
lie beneath their canopy of smoke
throbbing with a nation's commercial
life and energy, in it all. Virginia has
borne a royal part, and while maintain?
ing her government nt home and while
leading In the great humanizing and
educational wot'K of the Union, she has
also spared from but her loins her nob!
youth to go Into every part of tbi
Union and there erect homes after the
model of those left behind; and exem?
plify the manly spirit and intelligent
freedom which they inherited from
their fathers."
"Where Is tho Governor In tltli whole
country who ran spo-ik of I Is State or
of his people in more elonuent words
than these? Surely, he does not exist.
Tn addition to his eloquence Governor
A handsome illustrated booklet,
giving a scientific treatise on all
The cause, consequence and cure
of every ailment of tho hair and
scalp arc fully described in lan?
guage that can be understood
by every one. The illustrations
are perfect. The opinions of the
best-known scientists and special?
ists of the world are freely given.
In fact, it is the most complete
and most comprehensive work
of itskindevcrcompiled. Address
SEVEN SDTHEHLJlNO SISTERS
18 Pcsbrossps .Street, New YorV, X. Y.
We can ofTer you a bar?
gain in Childs' and Misses'1
Button andlaceShoes.
I bought large from the
manufacturer at a cut
' price. The entire lot to
go at $1.20. Regular
price, $1.50.
302 MAIN STREET.
Will remove to Oti Granby street Janu?
ary 1st._
Dixie Rome-iiy Co.
(* If nil II 1^1 Primary. Secondary or
\YrHil INI Tertiary Syphilis per
W I 1 1 H L. i v ? manontiv cured In 15
to 3i days. Yon can be treated at ham*
for the ?ante price under same guaranty.
If von prefer ?o come here wo will con
tract to pay railroad fare and hotel bills,
and" no chnrBe if we lall to cur.- If you
have taken mercury, Iodide potash, and
still have ?tbi* and pjlna, Mucoas
Patches In mouth, soro throat, Dlmuk-s.
Copper co.ured spots, ulcer* on any part
o' the body, hair or eycor?WI falling out.
It 'a this Syphilitic P.LOOl) POISON that
v.o guarantee to cure. We solicit the
most obstinate case* and challenge the
world for a case we xannot cure. ThU
d'.-ease has always haftled l!i<j skill of the
'most ?mitteilt physicians. Absolute pioofa
vent EtuU'il on application. Also 1,om
Manhood cured, ami make you fee", likj
a hoy Also Gonorrhoea, Gleet. Sperma?
torrhoea, Whiles, .unnatural discharges,
or any Inflammation or ulccrutlon of
mucous tnerbranes cured. Wu guarantee
to cure or money refunded. Wrlto for
blanks and booklets on these dlsea-ses.
Address THE DIXIE REMEDY. CO..
P. O. BOX 623. Norfolk, V.l.
Tyler Is eminently practical, and urges
upon the Legislature its duty to solve
the Important problems that now con?
front the State. It should encourage
oyster planting, as Maryland's Legis?
lature should do; lock aft;r the State's
finances, which he reports In pretty
good condition; keep rareful watch of
expendl ures for State Ins.ltutlons, and
pass a law to prevent the use of mon?
ey at elections. Tha State, he declares,
needs a new constitution, and this
Legislature Is expected to take the
proper steps for makl g one. Tiie mes
s-.tge must prove a very satisfactory
one to the people of Virginia, aud J.he
eloquent words It contains must ? add
to the pleasure It will give to all who
read it.
Boochnm Bids for Kipling MS.
Among those who have mndo the
highest bids for the original manuscript
of Rudyard Kipling's poem, "The Ab
sent-Mlnded Begsnr," which is b'eing
sold for the benefit of the Rrltlsh Re?
servists who have bec-n ordered to
South Africa, is Mr. Beeolmm, of St
Helens, England, who offered $525 for
It.
Mr. Beechnm's name is familiar to
every newspaper reader In America, as
he Is proprietor of the famous pills
which bear his name. In addition to
bring a lover of things artistic, he Is
also n most public-spirited man. The
great manufacturing centre of St.
Helens, of which bis enormous factory
Is one of the largest industries, recog?
nized his good services to the town by
electing him recently to the mayoralty,
backed by the unanimous petition of
the municipal council of St. 1-le'ens.
Without doubt that executive nullity
which has assisted him so materially
in building up his vast enterprise, will
be "f groat service to his fellow towns?
men.
THfl M?tlr>rii Mother.
Ha* found that her little ones are Im-^
proved more by the pleasant Syrup of
Kigs, when In neetl of the laxative ef?
fect of a gentle remedy, than by any
other. Children enjoy it and It benefits
them. The true remedy. Syrup of Figs,
is manufactured by the California Fig
Syrup Co. only.
Christmas is the time for coming to?
gether, do home by the Seaboard Air
Line. One and one-third fares for the
round trip. -deS-su.wo.fr-tf
234-236 MAIN STREET.
"Lounge- . a smoidiM
? Jacket or a Bath \
abouts." Robe is a caPiial
gitt for a man.
C^ni/ir.? Tw'? hemis
SmOKing pheres contri- %
? r bute their noV|S
JaGrAGlS. cities to give u$^|
our assortment. M
You don't see them any- ' ;*
where else?that is their re-f^f
commendation. You dori'M
see as many in four or five i;;
stores. Bach according to
its needs. We have been;
headquarters for these, House
Coats for years. Folks know
that what is best is sure to be
here.
The special sale is still on.
$3.45 Tor the $5.00 ones
'$3.85 tor the $0.50 ones ,.;
$4.98 for Ik $7.50 ones
50.95 for the $12.50 ones
Better select now.
IflKS & COMPANY.
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
HOLIDAY GOODS
At prices to suit everybody. All goods marked in plain fig?
ures. The newest stock of
JEWELRY AND NOVEL LT I EIS
in the city. FINE ENGRAVING and REPAIRING a specialty.
JEWELERS I 190 MAIN STREET.
tiW~JAMES P. BANNER, Manager Jewelry Department
..'!>? .4
m
i
m
?tr
ft
?
ft
?4?.
i*i
??.*!;
The SLoJ^Jk- ^9*<a/tt, Stores, ft"
- ^
? ft
-ON GRANBY STREET.
Holiday Gifts for Men.
Smoking Jackets, $3.00.
A few specials marked down to $3.00 which arc
worth $5 and $6. Others marked down in proportion.
BATH ROBES?Reduced all along the line.
SILK SUSPENDERS -25c, worth 75c.
NECKWEAR?Special values at 50c.
5,000 Scarfs and Ties to select from. Many styles
and colorings not obtainable elsewhere.
The Amhcrst Full Dress Protectors, $1.25 to $2. '
I
25 and 27 GRANBY STREET.
ft
Mi
ft
i
ft
ft'
#ftfttftftfft#^#^0^ftftft^)^|
Why Not Try That
Mottowea Dairy 25c
Table Butter.
Are You Warm' Enough?
THOMAS A. FREWEN^j
Contractor.
PLUMBING. H15 A*TIJCO.'
ESTIMATES A NU PLANS FOfl
STEAM AND HOT WATER HEATJM^
?ALL WORK GUARANTEED-.
OFFICE. MS COLUMBIAVBuf
?c22-eoa