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THE NEWS OF fj^FQLK ON PAGES 2, 3, 5 & 6.
COURT DECISIONS, Kotes of Cases recently Decided, ' Which are of Interest to Our People. DIGESTED BY W. B. MARTIN? (Exclusively for Virglnian-Pllot.) .WILLIS' BXRS. V. COMMON? WEALTH. Supreme Court of Appeals of Virginia. November 23, 18?9. GROUND RENTS ARE REAL ES? TATE AND SUBJECT TO ALL ITS INCIDENTS. THEY ARE NOT LI? ABLE TO TAXATION IN VIR? GINIA;,THE LEGISLATURE HAV? ING MADE 'NO PROVISION FOP ASCERTAINING THEIR VALUE AND ASSESSING THEM. This was a proceeding to exonerate the plaintiffs from certain tuxes assess? ed against them. The lower court re? fused to grant plaintiffs' motion, and they appealed. The court says: \ Ground rents, though not common in this State, are yet recognized us valid. A rent charge or gruund rent is held to be real estate and subject to all its Incidents. It descends on the death of the owner to his heir, and is subject to curtesy and dower. Therefore, as such rents are in law realty and not personalty, the entry of the ground rents in controversy jpon tbo personal property book by the com? missioner of revenue as a charge against the executors of the decedent, If-liable to taxation, was Improper, and should have been stricken therefrom under the motion of tho plaintiffs in error. t The question then arises, whether the ground rente are under the law taxable as real estate, and this depends upon the further enquiry, whether the leg? islature has made the necessary pro? vision for their assessment for the pur? pose of taxation. It has not done so in terms. [Tho court then goes Into a considera? tion of the various laws as to the as-, sessment of lands for taxes and con? cludes.] The Legislature, in enacting these statutes, had In view only lands and lots as popularly understood and not in mind such real estate us a rent charge or ground rent. They contain no pro? vision for the aesoesment' of the value of un estnte of this character In real property, nor any language that can be so construed. This kind of estate in land Is separate and distinct from the hind llself, and is clearly not embraced ?within the provision of said statutes. There are no others providing for the assessment of lands and lots, and con? sequently the Legislature has made no provision for ascertaining und assess? ing for taxation the value of ground rents. Whether tho emission was In? tentional or unintentional, the result is the same. It Is not the province or within the power of the court to make the assessment. No property can bo assessed with tnxes until tlie Legisla? ture hns made proper provision for ihla purpose. Reversed. 1 LONG V. CITY OF ELLERTON. Supremo Court of Georgia. October 28, 1S99. THE OWNER OF PROPERTY IN A CITY CANNOT SUE THE CITY FOR DAMAGES BECAUSE! IT ERECTED A PRISON NEAR HIS PROPERTY. HE MAY SUE IF IT IS KEPT IN SO NEGLIGENT A MANNER AS TO CREATE A NUISANCE AND HE IS INJURED THEREBY. This was a suit for damages against a city for the erection of a prison near property of the plaintiff. There was a judgment in the lower court for defen? dant on a demurrer, and plaintiff ap? pealed. Tlie court says: It Is claimed by counsel for plaintiff In error that, since the adoption of the constitution of 1S77, a municipal cor? poration Is liable to an Individual for damages to private properly to the same extent, and under the same cir? cumstances, that It is liable for prop? erty taken for public purposes, and wo understand the present action Is based on the provision of that constitution ?which declares that private property shall not be taken or damaged for pub? lic purposes without just and adequate compensation being first paid (Civil Code, section 6729); and It is contended that the erection of the cdty prison In jmberton, and the use of said building for the confinement of violators of tho law, In close proximity to the property of tho plnintirf In error, has depreciated the value of said property, and there? fore damaged It, In the sense contem? plated by the constitution. The simple erection of a necessary prison building cannot, without more, so injure adjacent property as to en? title the owner to have damages for such erection. No one is so hindered Jn the use of his property, and so re? stricted as to the character of build? ings he shall put upon it, as to make It nerfessary to consult ndjaccnt lot owners In reference to the Improve? ments to be made. The lot being his own property, the owner may put It to such use as he sees proper, provided the buildings and Improvements made by him do not Infrlngo the legal right of his neighbor to the similar enjoyment of his own property. A log house on a fashionable street may be built along? side of a palace, and by Its erection the value of the latter may be depreciated, but that depreciation ' is damnum absque injuria. The owner of the lot hns as much right to erect the hut as the other has to build his palace,?no more, no less; but, if the hut or the palace be so used as to interfere in the lawful enjoyment of his property by the other, there the damage, with a right to compensation, exists. The municipal authorities of the city of Elberton, being invested with cer? tain powers of government, had a legal right (being necessary to the exercise of those powers) to erect a building for the purpose of furnishing public offices and maintaining a prison In which might be securely k-pt violators of the law; and the rule Is clearly established that a corporation authorized by the law to do a particular tiling, so long as it keeps within the scope of the power granted. In completely protected from proceedings, either at law\or In equity, in behalf of the public therefor (2 Wood, Nuls. section 753); and that If, In the discharge of a duty Imposed by law, It proceeds Ini a careful and prudent manner, tho damages resulting therefrom to Individuals are damnum absque Injuria. It does not, however, follow that be? cause tho erection or such a building was a public necessity, and tho authori? ties had tho right to select the lot- upon which'It was erected, it can be so main? tained as to perpctuute a nuisance Willie the authorities have a right to use and maintain it for the purposes in? tended, the duty rests upon them to maintain It In a proper manner, and, If such maintenance after its erection should p^ove a nuisance, it is tho right of any citizen of Elberton, or other person Interested, either to aba to the same, or, if special and particular dam? age Is caused to him, to obtain proper compensation for his injury. Inas? much, however, ns the petition seeks to recover damages from the city for the erection and maintenance of the build? ing as a prison, and tho law nowhere authorises such to be given under the circumstances detailed in his petition, the court committed no error In sus? taining the demurrer thereto, and the judgment Is affirmed. NEW' YEARS AT Y. Nl. C. A. A DELIGHTFUL. EVENING IN ASSO? CIATION HALL. As Visitors wended their wny up the hallway and Into the parlors of the Association building yesterday after? noon and evening the eye was greeted with appropriate decorations ahd the ear pleased with sweet music- Visitors I were first given' an opportunity to In? spect the beautiful crystal fountain and cave scene and glance over the recent improvements in the association equip? ment, and then they were ushered Into the Association Hall, where the follow? ing choice program was rendered In two parts: 1. Piano and Violin Duet . ..Prof. Sinister and Mr. Schwlnck 2. Selection?By the Gymnasium Man? dolin and Glee Club. 3. Exhibition of Sand Painting?By Prof, Robert Hutchinson; 4. "In the Realm of the Impossible" . Prof. George Pray 6. Selections?By Mandolin and Glee Club. 6. Vocal und Instrumental Selections, Phonographlcally rendered by Mr. A. w. Deans. |7. Realistic Scenes "Painted while you wail." Prof. Hutchinson 8. Exhibitions of Manual and Optl tical Skill . Prof. Pray 9. Closing Selections . Phonograph i A tasty little folder was handed the gentlemen as they entered, announcing the evening's program, togcihcs* with ?the following dales for the resumation of the educational and physical work of tho association after the holidays. Classes In arithmetic, penmanship and spelling commences Wednesday, Jan? uary 3; bookkeeping class resumes lls sessions Friday, January 5th; mechani? cal drawing Tuesday, January 2; class I Iii stenography Monday, January 8; mandolin class Monday. January S; French class every Wednesday and Sat? urday night; business men's gymna? sium class Tuesday, January 2, at G:15; young men's gymnasium class Wednes? day, January 3; reception to Junior de ipartment Tuesday, January 2, at 3:45;' I Yoke Fellows' Band nnd Bible classes Monday, January 3. The evening's entertainment was dl versiiled, novel and entertaining, and wns thoroughly enjoyed by the large and representative audience present. The work of Prof. Robt. Hutchinson, In his really wonderful sand painting, wns la revelation. It Is safe to say that i the fonts In manual skill, optical illu? sions and magic were never surpassed In the city. The gymnasium boys, in their musical selections, did them? selves credit, while tho phonographic selections were most enjoyable. tub r.Avr hay. Tllo Gri>iW?*f NlmiRlit^r N?l? Ever Ol forr.i in lite INiblle of Norfolk. Our entire stock of Montana Dia? monds nnd Jewelry, the finest ever manufactured, must be sold to-day? and to prove to you that we mean busi? ness, you come to our store nnd select any ariicle'"IrT^ir^15'cl<_rol^?~OolVrs''' Don't miss the opportunity of a life? time to buy Montana Diamonds at 15 cents. 321 MA TN STREET. Store must close at 3 o'clock. It With tho Shipping. Ice In the rivers of Eastern Virginia and North Carolina is delaying shipping to some extent and unusually early in the year. Petersburg harbor, Suffolk, Richmond, and the minor harbors of the James and Nonsemond rivers, the canals and North Carolina rivers are. ice-locked, but tugs are hard at work breaking them out. The Dismal Swamp canal will be open to-day. It has been frozen up a day. The following is the official forecast for weather In. the. North Atlantic for January: Stormy weather nlong the trans-At? lantic routes, with frequent strong westerly and northwesterly gales. Fre? quent gales north of the 35th parallel, extending southward to the 30th paral? lel west of tho 50th meridian; occasion? al gales as far south ns latitude 25 de? grees N. Northers in the Gulf of Mex? ico. Occasional fog along and to the northward of the trans-Atlantic routes, longitude 47 degreea to 70 degrees W. Limits of the trades moving southward. Ice probable as far south as Cape Race. Recent indications point to an earlier ice season than usual. Football Game Postponed. The football game to have been play ed between the Norfolk and Portsmouth teams at League Park yesterday after? noon was postponed on account of the cold weather and snow. Cnptain Brown, of the Norfolk team, stated that the contest would come off this week sometime, as soon as the weather mod? erated sufficiently. COUCH SYRUP Oures Croup and Whooping-Cough Jnexcelletl for Conflumptivea.- Gives quick, sure results. Refuse substitutes. Dr. Bull's Pillscure Biliousnett. Trial, to for jc. COLORED Y. M. O.A. CLOSING OF TUB CONVENTION IN | NORFOLK. The closing services of the" colored Y. M. C. A. Conference began Sunday with a consecration meeting at the Y. M. C. A. rooms, corner of Queen and Cum? berland streets, at 6:45 a. m. It was conducted by International Secretary W. A. Hunter, of Atlanta, Ga. Several of the visiting delegates ad? dressed a number of the local Sunday schools at 3 o'clock a. m., while others conducted the service In a number of the Protestant colored churches. Tiie men's meeting held In the Bank . Street Baptist Church at 3 o'clock in the afternoon was very largely attend? ed. The service was conducted by In-j ternational Secretary J. K. Moorland, of Washington, D. C. At 4:C0 p. m. a farewell service was held at the Bute Street Baptist Church, which was presided over by Interna? tional Secretary Moorland. The exer? cises wore of a deeply spiritual char? acter. Invitations were extended the con? ference to meet next year at Loving stone College. Salisbury, N. C.,,nnd at Richmond, but no selection was made. Resolutions of thanks for courtesies extended the conference were adopted, together with the following: Resolved, That wo express our sor? row over the departure of thnt great spirit. Dwight L. Moody, who has been removed from realms terrestrial to realms celestial. We mourn with the religious world in this great loss, be? cause of his efforts for the training of Chrislinn workers and the special up? lift given to the body of Y. M. C. A. workers. "Resolved, That the attention of the International Committee be called to the great necessity of work for our men In hotels?especially summer resorts? where they are usually destitute of re? ligious Influences and- opportunities from three to four months each year; also to the necessity of work for our men who are porters on sleeping cars and railway trains?who are shut out from any privileges of a moral or re? ligious character?to care for their bodies as well as their souls, at various Important terminal points. We recom? mend, however, that those of our men who a?e able will co-operate with Sec? retaries Huuton and Moorland In put? ting forth effortsTo investigate and do something tangible on this line for our? selves." The following statistics In reference to the colored Y. M. C. A. work in the United States will prove of interest: Total membership, 5,000: college asso? ciations, 51: city associations, 21, of Which the Norfolk Association, organ? ized In 188S, is the oldest; associations owning property, C. Total value of property, $20,000. A Birthday Celebration. Miss Maude Belote gave a party at the home of Mr. and Mrs. J. L. Belote, No. 200 Rank street, last evening In cel? ebration of her sixteenth birthday. Many of. her young lady and gentle? men friends were present, and the party passed off most pleasantly, music, reci? tations, etc., being engaged in. Tho young hostess received numerous hand? some and useful presents from her friends. There were present the follow? ing: Misses Maude Belote, Hulda Page, Corn MucDonald, Jennie Cox, Maude Paulette, Hattie Way, Ira East, Annie Fall, Aliene Hickey, Blanche Wasser mun, Helen Hickey, Susie Belote, Em? ma Bell, Lula Walker, Maude Miller, Mamie Ferris, Irene Scott, Edna Ly man, Blanche Moore, Nellie Bennett, Eva Moore, May Bell, Grace Moore, Mae Stoneman, Winnie Cherry, Paltle Schofleld, May Cherry, Jane Grimstead, Edna Davis, Mng?le Fentress, Nina Dennis and Daisy Schofleld, Eva Grim stead, Mamie Davis, Iva Davis, Eleanor Petherbrldge, Bertie Hudjglns, M. L. Ousterhouse, Minnie Mlstsell; Messrs. 3. C. McCoy, W. TL Cox, W. T. Rass, H: G. Bowden, J. J. Kennedy, G. L. Fen? tress, C. C. Page, W. D. Shelton, J. B. Mitchell, G. G. Lewis. A. J. Dunning, G. W. Way, R. E. Reld, E. Miley. C. H. Jovner, H. T. Wilson, J. T. Notting? ham V T-T K.rdth V. T,. Williams. TT. W. Osterhnut, T. C. Rollins, G. E, Ford, M. E. Forbes, A. Saunders, E.V. McGcc, J. A. Williams, F. C. Miller, J. D. Wood, T. J. Maupin. T. J. Blick, Jr., J. E. Patrick, E. H. Mocks, H. L. Belote. C. D. Colonna, E. R. Friend, Mal. D. Den? nis, F. C. Miller. J. C. Belote, E. W. Bray, and J. L. Capps. Auction Sale of Furniture. The Morris Auction House will have a large nnd attractive sale of furni? ture, at their auction rooms at 10 o'clock ibis morning, consfsting of every ar? ticle needed for a well-kept family residence. Ladies are invited to attend this sale. MAN AND WIFE IN DISTRESS.?Rev. D'r TJochros. of Huffalo, says:?"My wife and I were both troubled with distre=siiiK Catarrh, but we have enjoyed freed ?m from this aggravating malady since the day wo first used Dr. Agnow.'s Ca.tarrhal Powder. Its action was nstantaneous, g'.ving tho most grateful relief within ten minutes after lirst application." Sold by K. F. Holmes.?10. _ COAL UPS AND DOWNS hard Increased freight rates by land and water from Pennsylvania have caused an advance in tho price of Anthracite Coal throughout the United States. The ud vanco In Norfolk, however Is not so great as at most points elsewhere. soft On the otrier hand, the railway rates on Soft Coal In Virginia have not changed, and it gives us pleasure to announce that on and after NOVEMBER 1st. tho prlco of our Toms Greek Lump Coal Is REDUCED to $4.50 per Ton of 2,240 Pounds. This Coal make3 a bright, cheerful Ore. producing a maximum of heat with a minimum of ash. TOMS CREEK COAL may eSwuys bo known by Its peculiar X?JBjO ash, Trigg & Wilmer, Agents. Virginia Iron, Coal and Coke Co. Roth Phones. Citizens' Rank Building and 7-15 Nivlaon street. Norfolk, Va. BRIEF ITEMS OF INTEREST. Mr. It. tC. Brent, who was thrown from his buggy a few days ago. Is Im? proving, and will probably be able to leave his home In a few days. Women of questionable characters I cnnnot now drive through Main or| Church streets, or any public thorough? fare. This is an order issued by Chief I of Police Klzer, and will be strictly en-| forced. Mr. Fred B. Hall, the champion trick pool player of the world, will give an exhibition at live Board of Trade und Business Men's Association rooms to? night. Mrs. Aanle M. Butt, while on a visit I to her daughter, Mrs. Claude W. Duke, | In Baltimore, met with-^i painful acci? dent on Friday. Mrs. H. C. Bradford! left by the Bay Line steamer last night | to attend her bedside. There will be no business meeting of the Frances Barnes Y's to-night. This body will conduct services at the Union Mission. Many of the younger set will be | pleased to learn that the Messrs. Ben ston and Aydolottc will reopen their I daiielnir school at the Masonic Temple | next Monday night. A soiree will be given Tuesday night, January Hh.. Prof. Krueger's orchestra will furnish | music for tho occasion. All are cor? dially Invited. Eighty-nine petitions In bankruptcy have been fded in the office of the clerk of the United States Court since the national bankruptcy law went Into ef? fect last spring. Mr. James B. Porter has gone to New ] York on a business trip. Rev. Joseph H. Amiss is visiting | friends and relatives In Norfolk. Tho city postofllce observed holiday hours yesterday. |Thc Cable Piano Company have I moved their entire slock from G2 Bank | street to No. 289*291 Church street, where they have certainly done credit to themselves with a fine display of pianos and organs, which can now be seen nt their new wareroorn.* Christmas music was repeated by re? quest In several of the Norfolk churches j Sunday. The regular January meeting of the Common Council will be held to-night, also a joint meeting of the Common and Select brunches, to transact some ur? gent business that will not brook further delay. The Criterion Club will give a social to-night at the home of Miss Hatlle Way. Miss Hulda Page gave a party on York street a few nichts since to "n number of her friends. Mr. and Mrfl. R. \V. Shultice, of this city, attended the marriage of Miss ?Tante Stuart Strlngfell?w, daughter of Rev. Frank Strlngfell?w. and Rev. Ro? bert W. Pat ton. of Roanoke, Ja Rich? mond yesterday. Those intending purchasing lots can find what they want by reading the ad? vertisement of the Port Norfolk Invest? ment Company, that appears in this Is? sue. They have large', small nnd me? dium lots to sell on easy payments. Miss Belle B. Cohn will leave Wednes? day for New York, to attend the wed? ding of her cou?in. OTHER LOCAL ON PAGE 6 ? Delightful Effervescent beyond compare. Superior in all respects to any mineral water known. A refreshing drink that cures sic/: head ache,constipation and diiordei'ea stomach in the most pi .'asant and effective way. Puntfktrt-r ua jff.Kjut.'un. TARRANT & CO., Chemists, New York. At dniEKis'.s, 50c. and Ji.co. j tf-ir \ir 1 - '-.nre v->- mir ? t>? n~n-m*r?? ji. g ^vLAD BE? w> von ncv - W' DR.FELIX LE BRUK'S ?Steol ? Pennyroyal Treatment is tho oriR'iDid and only I BENCH eaio and vnlinblo enro on tho mnr ?kot. I'riee. $1.00; eout, by mail. tGenuillp sold only by Martin & Gtny, sole agents, corner Water street and Ftounoko ftVe nue, Norfollt. Va. Wo hereby announce that a REDUC? TION WILL BE MADE ON ALL BILLS for Illuminating Gas consumed after Jan? uary 1st, 1200, of 10 cents per thousand from the regular rate. BUI3 will be subject to the usual dis? count of 20 cents per thousand for prompt payment by 6th of following month. Tho Company desires to tako this op? portunity to say that further reductions arc under contemplation and that these will fie put Into effect as soon as practica? ble. CITY CAS COMPANY BENJ. L. DOZ3ER, Livery, Boarding: and Transient Stables, 61, 03, 65 Covo Stroot. Everytlnnfr new'and up-to-date. S. 8. PHONE. COO. OLD PHONE, SSS. SHKS 3t CO., will place on sale TO ~ DAY worth $10.00 and $11.00 for Between the hours of 1 and 3 P. M. i flBB LARGEST STOCK OF WflTCBES UNO DlflRIOttDS In the city. Stcrllnrr and plated SU- ; vcrware of every description. Don't' fall to keo our J10.CO watch. A stock.' of rick Cut Glass to select from that wilt surpriso you. Repairing and en-; graving a specialty. D. F. PAUL, 223 Main Street, Norfolk, Va S. S. 'Phone No. S3I. i I WHITE PlfE TP! FOR .COUGHS, COLDS AND BRONCHITIS I Don't hack and cough all night and.day. Our Cough Syrt-p will loostn your cough and relieve your throat of any un healthy secretions in a jiffy. Continue to use It and It will cure your cold. Compounded of just the right proportions of the drugs having Just the proper curativo Qualities. PREPARED RY. PRESCRIPTION PHARMACISTS, 406 Main Street, Opp. Hotel Norfolk. 73) Church Street, Cor. Calvert guarantees protection To the man wearing the garment to which it is attached against the possibility of unstylishness, misfit or unserviceable fabric. No better clothes; no better linincs, no better tailoring, no more tasteful trimming, rsjo more: perfect fit. can be given by the tailor who makes to measure, and you have to pay him twice as much as we ask for STEIN-BLOCH clothing. Call and see them we are sole agents. _ DREWREY'S, 387 Rflaan Street BY USING DeWolfs White Pine Cough Syrup With Tar ana Wild Cherry The infallible remedy for Coughs, Colds, Bronchial af? fections, etc. Price. 25c. bottle. Burrow. Iii I ft., 296 MAIN STREET. Goods delivered freo Partsmouth. Berk Icy and all parts of city. -GO TO? LOWE & MILLER, -FOR? Fine Smilhfield Hams, Deerfoot Farm Sausage. Choice Baltimore Corned Eeef, Smoked Beef Tongue, Finest Mackerel, Smoked Salmon, North Carolina Hoc Herring, Codfish Tongues and Sounds, Smoked Herring, Pickled Lamb's Tongues, c!c, clc? etc. ^ Both Pitories.343. Prompt Delivery. ALL NEW GOODS. dea-3m - - . HOME KILLED MEATS ! THE ONLY KIND WE SELT^Tlt? ONLY KIND YOU WILL USE AFTBK YOU UNDERSTAND THE MEAT PRO? BLEM. IT WILL PAY YOU TO SENI> US YOUR ORDER FOR A NUMBER* OP REASONS. ?J? 8. Be!I, Jr. &CoM Corner Ghieon and Church Sis. OW 'f'liono. !>3">. New "Phone; 1010. . We Make Prompt Delivery With First-class Articles, JOHNS BROS., COAL and WOOD. Down Town Office, 117 Main Street Both phones 786,