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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