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THE NEWS OF NORFOLK ON PAGES 2, 3, 5 &H7 MUMYONS I Trill guarantee tbat my Kldnejr Care will cure 90 per cent, of all forma of kidney eomplalnt and In many lnataoces the mott serious forma of Brltfbt'o dlaeaie. If the diaeaao la com pi loated aend a four aance rial of urlim We will eunlyis It and advlsa you fre. what to do. UVNTOW. At an-tfKMl*ta. tto. a vial. Oota. to Health tod BMdtaajjaHea frto. IMS Arch et., r-hlla. liiSMHi For the sake of contrast compare ono of the shirts dono up at the Montlcollo Laundry with those you havo been wearing, and It will be as plain as black and white that our superior methods nro the triumph of line laundry work In Its exquisite color and llntsh. MODEL LAUNDRY OFFICE: 105 GRAN BY ST. ALBERT GERST, Mgr. The Wise and the Foolish. Aro you wlso or are you foolish? Thoso who nro wlso are quick to appreciate a good thing and are therefore taking ad? vantage of our tine Coals. Don't be fool? ish and. watt too Ions. Geo. \W. Taylor & Co., 61 Granbv St., Norfolk, Va. Every Little Lump is the Real Thing, When it's our Coal. That's why a ton of it will do so much heating than a ton of the mixture that Is ordinarily palmed off for Coal. It's worth your while to find out the difference. Your bank account is at stake. Norfolk Coal & Ice Co. bam'Li perebeb I _J e. b. harrell j * Proprietors. 537 WATER ST. both phones 80l_ -THE ITTlHWm k Well CO.. NORFOLK, VA. wholesale and retail dealers ?in? We now have on our yard ? atocS ol freshly mined and choice ANTHRACITE COAL. Our customers wouiu do well to place their orders and lay In their winter sup? ply while the coal ts dry. fresh and clean. Pocahontas Steam Coal s> specialty. Get our prices before buying elsewhere Pine and Oak Wood I of tho very best quality on this market; sawed, split and delivered as required. Your orders aro respectfully solicited. NORFOLK, VA. Slt> 'phones, 5-11? and 231. ew 'phonks. 16 and 3t. COURT DECISIONS. DIGESTED BY W. B. MARTIN. EXCLUSIVE L. Y FOR VIRGINIAN-PILOT? Notes of Cases Recently Decided, Which are of Interest to Our People. M. L. I. CO. V. RUTHERFORD. Supremo Court of Appeals of Virginia. March 15. 1900. , THE PRELIMINARY PROOFS OF LOSS PRESENTED TO AN INSUR? ANCE COMPANY ARE BINDING ON THE BENEFICIARY. WHEN ANSWERS IN AN APPLICA? TION OF INSURANCE ARE MADE WAJRRANTIES BY THE CON? TRACT ITS VALIDITY DEPENDS UPON THEIR LITERAL TRUTH WHETHER MATERIAL OR NOT. The Court says: Upon the trial the plaintiff offered In evidence the two policies of insurance sued on, the applications therefor, proofs of the death of the Insured, and certain oral evidence. The defendant, without any testimony, demurred to the plaintiff's evidence. By the terms of the policies of in? surance, which arc substantially alike, the answers and statements contained in the printed and written application for them were all made warranties and parts of the contracts of Insurance. One of the conditions (the 4th) of each policy, which is expressly made a part of the contract, provides, among other things, that If any of the statements or warranties referred to in the policy or upon which It was granted was not true, that the policy should be void. In the case under consideration, the proofs of loss show that the death of the father of the Insured was caused by a disease other than that stated in the application for insurance, thus showing prlma facie the falsity of one of the answers of the insured which he had warranted to be true. No effort was made to show that this statement In the proof of loss was the result of a mistake or was not true, although the plaintiff herself, the party who made the statement, testilled In the case. In this condition of the record, the falsity of the answer of the In? sured as to the cause of the father's death must be treated as establltdied. Tt may be, as the beneficiary Insists, that this answer was not really mater? ial to the risk assumed by the com? pany, but that does not effect the ques? tion. Where the answers to questions pro? pounded in an application for Insur? ance are made warranties by the terms of the contract of insurance. Its valid? ity depends upon the literal truth of such answers, and It is a matter of no consequence whether they are material to the risk or not. Being warranties, they are In the nature of conditions precedent, and like them, must be strictly complied with. Lynchburg Fire Ins. Co. v. West, 76 Vn., 575; Va. Fire and Marine Ins. Co. v. Morgan, 90 Va., 260; Home Ins. Co. v. Slbert, 96 Va., 403. The warranty being untrue, the plaintiff cannot recover. We are of opinion, therefore, that the defendant's demurrer to the evidence ought to have been sustained and judgement given for it. REDGATE V. ROUSH. Supreme Court of Kansas. February 10. 1900. WHERE THE OFFICERS OF A CHURCH UPON ENQUIRY FIND THEIR PASTOR UNFIT FOR HIS OFFICE. AND IN GOOD FAITH, AND ON A lfcASONABLE OCCA? SION. PUBLISH THE RESULT OF THEIR ENQUIRY IN THE CHURCH PAPERS. SUCH COM? MUNICATION IS PRIVILEGED. IN SUCH CASE, IF THE PASTOR SEEKS DAMAGES FOR LIBEL, HE MUST PROVE ACTUAL MALICE. This was an action for alleged libel -utwm-plaintiff, a preacher, by the defen? dants who were officers of his congre? gation. The alleged libel was a publi? cation in the church papers that fel? lowship was withdrawn from the plain? tiff as a member and as a preacher. The lower court sustained a demurrer to the evidence and gave Judgement for the defendants and plaintiff appeal? ed. The Court says: One of the principal questions pre? sented for decision Is whether the com? munication complained of was a pri? vileged communication. If the state? ments were published in good faith, and in the performance of what was honestly deemed to be an official or moral duty toward other church mem? bers, and for the benefit and protection of the church organization at large, and there was a reasonable ground for the publication, it is privileged and protected. On the face of the publica? tion there is no vilification, extrava? gant language, or evidence of a wrong motive, and It would seem that the oc? casion fairly justified the publication of the defamatory matter. They were officers of the church and concerned in its welfare; the conduct and char? acter of the plaintiff as their pastor had become .a subject of official en? quiry. The result of their enquiry was a matter of interest, not only to them and the church at Wilmington, but to other church members of their church organi?atlon throughout the country. If the publication Is prlma facie privi? leged it devolves on the plaintiff to al? lege and prove that It was both false in fact and malicious In purpose. The burden of proof was upon the plaintiff to establish actual malice, and, having himself disproved malice, he failed to establish a liability against the defendants, and the case was right? fully taken from the jury. Affirmed. AMUSEMENTS. "ADVENTURE OF LADY URSULA." Mr. William Morris, supported by Miss Frances Drake and a capable company of players, will appear at the Academy to-morrow afternoon and night, presenting "The Adventure of Lady Ursula," a four act comedy by the noted author and playwright, Anthony Hope. "The Adventure of Lady Ur? sula" Is the play that achieved success in London and ran an entire season at the Lyceum Theatre in New York, and is produced this season by special ar? rangement with Daniel Frohman, Seats can be secured for either performance at the Academy. SHIPPING NOTES. LOSS OP A SCHOONER?TWO COL? LISIONS?HARBOR. The three-masted schooner William H. Kenzel, Captain James Soper. New York to Baltimore, cement loaded, struck on the Isaacs early yesterday morning In the heavy sea and wind at that time, knocked a hole In her bot? tom, ran Into Cape Charles channel with distress flag Hying and sank In six fathoms of water, vessel and cargo becoming a total toss; The Insurance being represented as light, if any. The signal office at Cape Henry reported via seacoast telegraph the vessel's po? sition as soon as discovered, and the Merrltts sent the steamer Rescue to her assistance. In the meantime the pilot boat Relief had stood alongside and taken off Captain Soper and the crew with their effects and later landed them at Old Point, whence the Rescue brought them to Norfolk, where Cap? tain Soper noted protest and made ar? rangements for paying off the crew. Later he returned to the schooner and will probably have her stripped insofar as possible. The Wm. H. Kenzel was built at Staten Island, In 1885, and was of 4G0 registered tonnage. During the heavy blow of Wednesday afternoon the two-masted schooner Greenfield, Captain/LayHeld, from Bal? timore to Norfolk, light, came In col? lision with the Merchants' und Miners' Transportation steamship Essex oft Boush's Bluff, and lost her bowsprit and jlbboom, out off clean at the knight-heads; sails and head rigging also suffered somewhat. The Green? field will repair here. Yesterday afternoon, as the schooner Mary S. Ewlng. Captain Brown, was running in from James river, she fouled the revenue cutter Onondaga, tearing her own main sail badly and Injuring her otherwise. She will repair here. Owing to the pressure of work and to the extended personal supervision of anchorages recently devolved on the harbor-masters, they have secured and put in shape the tug C. W. Ridley, In which to attend to their duties. As re? sult of this personal attention given to all vessels In the harbor, the channel at Lambert's Point and below Is now kept clear and in easily navigable con? dition, and no word of dissatisfaction from tho crowded condition Incident to : the large coal fleet has been heard for 1 several weeks, though there are still In the neighborhood of 50 barges and schooners lying In wait for coal be? tween Pinner's Point and Craney Isl? and. This Is a high compliment to the harbor masters' faithfulness. Y. Nl. C. A- BASKET BALL THIRD TEAM WILL NOW PLAY SECOND FOR CHAMPIONSHIP. The final game between the Third and Fourth basket ball teams of the Y. M. C. A. was plnyed last night be? fore a large and enthusiastic audience, and resulted In a victory for the Third team to the tune of 35 to IS. This vic? tory places the Third team on the line of the final competition. The Second team, also having won three out of five against the First, will be their op? ponents. The final series will commence next week, and will also be decided by the best three out of five games. The game last night was Intensely exciting, though much one-sided, the plays being exceedingly fine. The line? up was as follows: Third Team?N. Jacobs, captain; J. H. Hanna, E. L. Croonenberg, Arthur Lankford, Grlf Dodson. Fourth Team?H. B. Russell, captain; H. H. Priest. F. H. Drlesell, C. M. Rut tor, Robert Montague. New Church at the Vlow. Before many weeks from this date work will begin on the erection of a house of worship at Ocean View. The possibility of a church being erected.at the View has been told time and again In these columns, but now the erection Is a sure thing, and will no doubt be hailed with delight by the thousands who visit this popttlar resort on Sun? days during the summer. The contract for the new church has been awarded to Mr. John Pierce, of this city, and will cost something like $10,000. Tho church will be non-de -nemlnatlonal, and ministers from every denomination ot the city will conduct services each Sunday in rotation. . The Lists Closs To-Day. By primary law no candidate to be voted for in the coming primary may enter the lists after to-day. The Ctty Executive Committee will after to-day prepare the list of the candidates to be voted for and provide for the issuance of tickets. The candidates will hold a meeting shortly to select an Electoral Board, which will select the judges and clerks of election at the various pre? cincts. A two-thirds vote of the can? didates is required to elect the Elec? toral Board, and a two-thirds vote of the Board is likewise required to choose the Judges and clerks. Transferred to Norfolk? Yesterday's Lynchburg News says: "Mrs- T. W. McGraw left yesterday afternoon for Norfolk, where she will join her husband, who has been pro? moted to the position of general ynrd master at that place for the Norfolk and Western rnilroad. While In Lynch burg Mr. McGraw efficiently filled the position of yardmaster and his depart? ure for Norfolk about a week ago was deeply regretted by his many friends." Ferry Steamer Accident. The ferryboat Norfolk County broke her connecting rod while making the Portsmouth dock last night on her H o'clock trip. The steamer Twin City was put on the line In her place until steam could be gotten up on the City of Portsmouth, when she completed the night's work. The Latest War New*. The latest war news from the front Is eagerly sought nfter by friends at home To somo It brings happiness, as they read of valiant deeds accomplished, while to others tho samo message brings grief and sorrow when they note tho death or cap? ture of their loved ones by the enemy. There is also much sorrow and suffering throughout our own country by these who have been captured by that great enemy of mankind?Dyspepsia. For this, how? ever there Is a remedy that will surelv ?et them free, and that Is llo.stetter'8 Stomach Bitters, whkh also cures indi? gestion, constipation, biliousness, nervous? ness and insomnia, and as a preventatlvc for malaria, fever and ague, it is un? equalled. It has a record of fifty years ot cures to back it up, and a trial will convince you that your case Is not Incur? able, as you will find after taking a few doses your stomach will be stronger and your appetlto will return. HE LIKES TIDEWATER Gov. Tyler Delighted With His Visit to Phoebus and Norfolk. Found a Great Deal of Prosperity?Every? body Busy and Evorybody Making Mou ey Ho Expect a Greats City on the Shores of Hampton Roads. The Richmond Dispatch of yesterday says: Governor Tyler returned last I night from a visit of several days to J Pheobus, Hampton, and Norfolk. It Is safe to say that It the Governor I ever leaves his Southwest home he will | locate somewhere near Hampton Roads. "I do not believe there Is a more prosperous section of the United States," snld the Governor last night. "I have rarely enjoyed a trip more than this last one.lt docs me good to see such unmistakable evidences of prosperity within the hounds of the Commonwealth. I spent Monday Phoebus and yesterday and to-day at I Norfolk. 1 heard a great deal of the [ fine business conditions existing at Newport News. From what I saw and | what I heard I feel it is no exaggera? tion to predict that within the next I quarter of a century we will see hun? dreds of thousands of people living I around the shores of Hampton Roads. EVERYBODY MAKING MONEY. "Everybody Is busy. Every business I enterprise is making money. I visited] several of the Norfolk factories. I was much Impressed with the cutlery fac? tory at Lambert's Point, ami the silk factory, also located there. Each em? ploys a large number of hands, and each Is making money. It seems to me the people of Norfolk do not fully renltze the size and Importance of these industries. "The volume of business done In Nor? folk is enormous." continued the Gov? ernor. "The railroads nre constantly! pouring In Immense quantities of west-I ern products of every character Into the city, and the harbor is full of craft loading and carrying It away. NORFOLK'S BUSY HARBOR. "I do not recall that I have ever seen a much busier place than Norfolk har? bor Is today." Governr Tyler was much pleased with Phoebus. The dinner given by the citizens of the town Monday In honor of the incorporation of the village es? pecially pleased him. "It is a nice little town," said the Governor; "a strong healthy baby. We put a clean dress on It and started It. I How long It will keep clean and going | nobody can tell." THE EMPORIA lynching. Governor Tyler refused to discuss tin action of the Emporla grand Jury In falling to Indict anybody for complicity in the lynching last week. "I do not care to say anything re CSan be just so long as there Is n particle 5R of vitality left in the hair roots. *> The fact that the head is smooth ig and shining is no positive proof that the roots beneath are dead ? Deep down beneath the slcin, hair j$j roots may yet exist, filled with iji latent vitality, and all that is re- jij quired to develop them into a 3u beautiful head of nair is the faith- A f ul application of the proper agents. $E Seven-??a. Sutherland Sisters' ^ preparations furnish the easiest, iSi surest nnd quickest way to nscer- j*? tain if there is or is not latent life J? beneath a head bare of hair. Why 5? not try them? soLn by nnuorsiSTs. 3J 172 Church Street, Near Main. The Travellers' Outfitters. tStSSSCTE las*??.?.*. SPECIRL. A square top canvas covered Trunk, heavy steel clamps and coiners, steel knees top and bot? tom, the best brass excelsior lock, linen lined throughout,two trays, iron bottom, 36 inches, S6.50 SPECIAL A solid leather Suit Case, steel frame, lined with Irish linen, all colors, S3. SO The only complete line of Trunks and Traveling Bags in the city. Repairing Trunks a Specialty. NORFOLK TRUNK FACTORY 172 Church Street, Near Main. OLD 'PHONE. 1135. gardtng the matter." said the Governor. "I realize how difficult It was to tlx the blame. I think the sentiment of the people of the county must be fully ur.derstood In order to understand the difficulty in rinding- a true bill against any one. "You may say, however." said the Governor, "that the report sent out from Norfolk saying that I had said the grand jury was 'bulldozed' was In? correct. I made no statement of that nature." Bids for Coal and Ice The annual bids for furnishing the eu?tom house with coal and lee during the fiscal year, ending June 30. 1901. were opened here yesterday. The fol? lowing were the bidders: For Coal?Norfolk Coal and Ice Com? pany, $."> per ton; Nottingham & W'renn, $5.06; George W. Taylor. $5.04; Batch elder & Collins. $5.44; Virginia Iron, Coal and Coke Company, $5.45. For Ice?Norfolk Coal and ice Com? pany. $50 cents per hundred pounds; Tidewater Ice Company, same. The Norfolk Coal and Ice Company and the Tidewater Ice Company both submitted the same figures for supply? ing the building with Ice. The first named company was awarded the con? tract for furnishing coal. The ice eon tract has not been awarded as yet. Remains Sont to Petersburg. The remains of Clara W. Holt, the interesting G-year-old daughter of Mr. and Mrs. Ira T. Holt, who departed this life at the home of her parents In Park Place Wednesday, were forwarded vh the Norfolk and Western railway yes? terday morning to Petersburg for Inter? ment In Old Blandford Cemetery. OTHER LOCAL ON PAGE 1l 234-236-238 MAIN STREET. We're outtalked often?outdone never. We Know It's True ?that's why we state it so clearly and (positively. OUR 512.50 OVER I COATS ARE BETTER MADE?OF i BETTER MATERIALS?BETTER TRIMMED ? AND DECIDEDLY BETTER FITTING THAN ANY OVERCOATS SOLD IN AMERICA FOR $12.50. ?Or better than any in England for 2 pounds 10 shillings. ?Or better than any in France for 75 francs. ?Or better than any in Germany for 50 marks. ?THE BEST COATS IN THE WORLD FOR THE MONEY. You cannot appreciate the full meaning of this until you have seen the garments and examined into their merits toryoutselves. You can? not please us better than to "take a look." Guaranteed, of course. Saks & Company :3..:'?:?.:,'?:.J?t.s??s..:,.r's..:":..:-:,.:"!;,.:":..:":.^ ? ... SPRING SHOES ... !| Our full lino of ladles" and Gents'. Misses' nnd Children's Oxforda nre now In, and w? guarantee you comfort, combined with durability, and a tho very latest styhs. WE CARRY THE B" 3 J- Also solo agents for tho celebrated Men's $3.50 "Walk Over" Shoo, In calf, _g ? tan and patent leather. Call an d examine our line. 5 |8 _ Bg Finest Line of Footwear in the City. Horsithal & Morris \ m MAIN ST. Opp. Roanoke Ave. ? i. ? rc|-av^.a8"^?8wsB.p^--p^B.B,^.;jj^? 1 Sack Suits $12.50 to $28.00. During the Spring and Summer the Sack Suit is more continu "jj ously worn than during other seasons, because then men dress more S" informally. fig Therefore, we show a greater variety; but every pattern has .3 character and is practically as exclusive as those shown by ?? high class tailors. We are especially desirous that men who have 2 their clothes made-to-nieast:rc shall see these suits; their tailors will lose their trade. You will find here the new gray-toned stripes and checks in soft and firm fabrics, as well as new weaves in navy blue and black serges and undressed worsteds. Ready to fit any shape as well as if made to measure. 3 317 IMetiix (St. WE CLOSE AT 7 P. M. PHONE 661. 5&B?8"^??BB^?S""SaJl^?^"S.^ Wo are agents for the following machines: The Standard White, New Home, Domestic ?? and Ho?seB?Td; A good n.vw machine from $18.00. Splen. did line of second-hand machines from f?.00 to $15.00. Needles and all parts for machines can be had at our office We repair sewing machines and guarantee tho work. C. C. GUNTER, STANDARD SEWING MACHINES. 165 Church. Street. Norfolk, Va. BUG-HCIDE NON-POISONOUS. The Great Insect Destroyer for Bed-Bugs. Roaches, Ants, Fleas, and All Insects. 25c. Per Bottle Prepared by McCURDEY & McCURDEY, I PRESCRIPTION PHARMACISTS, 406 Main Street, Opp. Hotel Norfolk. 733 Church Street,Cor. Calvert I N O R F O L It, V A. r?rt . mott'S Tho ereat remedy for nervous prostration and all diseases of tho gjaerattre organs of oither BOX, such as Nervous Prostration. Palling or Lost Manhood, Imnotency Nightly Emissions, Youthful Errors, Mental Worry, esocsslve uso of Tobacco or Opium, which load to Consumption and Insanity. With every ItfED neiyp 65 ordor wo Kuaran'.oa to cure or rotund tho moaoy. Sold at, 81.00 per box, AHcRUbMB. Iboxos for $5.00. DK. MOTT'S OBOBSIICAm CO.. Cleveland. Ohio. Sold bv BURROWMARTIN & CO. ROLLER SKATES New lot just arrived; prices low. BANNER OIL HEATERS Just the thing for these cool mornings. Call and get one. P. J. M?LBON, 109 Commercial Placa BothPboou No- 401. John I* Roper. President. TazewHl Thompson. Treasurer. Louis T .Dobia, (Secretary, the: 2II MAIN STREET. Transact., * general tnsuranc* business tarouch. Us eceaox 4?partaisaU