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THE NEWS OF NORFOLK ON PAGES 2. 3. 5 & 11.
FREE TO ALL
AFullSlxeSOCent Package of BeGole's
Nervotone ? Cures Every Form of
Nerve Trouble Whether From
Over-work, "Worry, Impure
Blood or Deranged Kid?
neys and Bladder.
Send Name and Address For a Full
Treatment Absolutely Free by Mall
-?It is Such a Marvelous Restora?
tive That Thousands of Men
and Women Prematurely
Old Have Been
A grand and timely medicine has been
discovered that has n marvelous effect
Upon the nerves. It cures rheumatism,
weak buck, pain ovit the kidneys, neu?
ralgia, sleeplessness, hot and cold flushes,
dizziness, heart palpitation, bllllousneaa,
liver complaint, nervous debility, pimples.
Itch, and all dlrordern of the blood and
The Discoverer of this Oreat Remedy,
nerves. It dispels all gloom or doubt, re?
moves nil 1'ldney nnd bladder weakness
i . nnd puts Ufa Into the whole body. The
discoverer wishes It known to all .who
suffer from any form of nerve trouble, no
mutter what it Is, that ho will send free
by prepaid mall, a large, full size treat?
ment, enough to last two weeks, and the
bonellt from Just a single treatment will
be the most wonderful and welcome ex?
perience you ever knew.
Do not doubt or despair, but send your
name and nddress at once to M. BeUole
? Co., 2?0 Mnln street. Homer. Mich., and
they will gladly send you free In a plain
?wrapper a full two weeks' treatment of
the medicine absolutely free. Do not
under any circumstances miss this genu?
ine and philanthropic offer. Write today
Now, when they say free, they mean
free, and you won't be asked to pay for
It after a while, nor do they nsk for ref?
erences, testimonials or any pay what?
ever In any manner or form. They want
every nervous suffering man or woman
to try this remarkable cure, knowing that
when you experience. Its great merit you
will bo more likely to buy another two
weeks' treatment for BO cents than you
would if the free offer was tangled up
with deposits, references or some other
Scheme, A two weeks' treatment after
the lirst free package costs only GO cents,
nnd at this price It Is the greatest ad?
vancement yet made In bringing the cost
of valuable medicine within the reach of
? T H 3? ?
NOTTHBfll & WBENH CO..
Pine and Oak Wood.
Nut Coal, Stove Coal,
Egg Coal, Furnace Coal.
We have special facilities for supplying
Pocahontas Steam Cojd
Water for Tug Boats,
Dredging Companies. &c, at N & W. Ry.
Co.'8 city local pier.
lie ill! i m ca
NO. 1515 MAIN ST.. NORFOLK, VA.
f>0. Bell Telephone. 5?114?230.
6o. States Telephone. 15? 26?S5.
The March to Pretoria
?eems to be on the Installment plan;
first one batch of prisoners and then an?
other. It's not exactly what Lord Rob?
ert's expected. We do not know what you
expect from us In the way of bargnins.
but we know you 11 not be disapointed in
Geo. W. Taylor & Co.,
61 Granbv St., Norfolk, Va.
Special limited quantity of
FINEST HAVANA CICARS
For box trade at factory prices.
Bambnrger's C?Fl?Te Ticket Office
ST MAIN STREET.
DIGESTED DY W. D. MARTIN.
Motes of Cases Recently Decided,
Which are of Interest to
OWENS V. N. & W. R. CO.
Supreme Court of North Carolina
March 13. 1900.
A RAILROAD COMPANY IS NOT
LIABLE BECAUSE ITS CONDUC?
TOR POINTED OUT A PASSEN?
GER TRAVELING IN ONE OF ITS
CARS TO A SHERIFF, WHO IM?
PROPERLY ARRESTED HIM, THE
CONDUCTOR NOT TAKING ANY
PART IN SAID ARREST.
The ?court says:
Tho plaintiff purchased -a ticket In
South Carolina over defendant's rail?
road to Selmn, N. C, and was seated
In defendant's car, and, without fault
or blame in his deportment, w"is ar?
rested on arrival at Fayettesvllle by
tho sheriff of Cumberland county and
his armed posse, taken oft the train,
and Incarcerated for two days, when lie
was tried for an alleged crime, ac?
quitted and discharged. Before the ar?
rival oT tho train at Fuyetteville the
sheriff was not I Hod by telegram from
the- sheriff at Klngstree, S. C, that the
plaintiff and two others were on Unit
train, nnd that they were suspected of
having committed a capital ofTcn-je in
South Carolina. The sheriff was di?
rected In said telegram to "arrest them;
conductor will point nut." The plain
till' tcstllled: "The conductor was In
the car. Sheriff and policemen?seven
or eight?came in at each end of the
car. Conductor was approached by the
siherlff, and the sheriff and he were
talking. I heard the conductor say,
'There are the men I have reference to.'
* " * When the sheriff arrested me
the conductor was not in the car. After
ho and the sheriff finished talking the
conductor went out on the platform. ?
* ? Th conductor did not toil the
sheriff to arrest us." At the close of
the plaintiff's evidence the court ex?
pressed the opinion that he could not
recover, and there was nonsuit and ap?
The plaintiff's contention Is that he
was entitled, as a passenger, to protec?
tion from nrrcst by defendant's em?
ployes. Wo are aware of no authority
for Ills position, and we do net think
the defendant's duty can be carried to
such extent. That would make the de?
fendant's train a sanctuary to which
criminals could flee for protection. It
Is well settled that a railroad Is. a com?
mon carrier, nnd that It has the right
to stabllsh reasonable rules and regu?
lations for the government of Its trains
and passengers, and thai It is Its duty
to do so, anil require its passengers to
observe such regulations. Tho com?
pany must afford protection nnd safety
to ts pasengers against assaults, in?
stills, and III treatment of their follow
passengers or strangers and its own
servants. Although held to the highest
degree of care, the company Is not an
Insurer of the safety and life of the
passenger, as It is for a package of
goods commlted to its care.
In the present case the defendant
was wholly ignorant of the occurrence,
and Its conductor did not originate the
cause or instigate or participate In the
arrest. It would be vain and unreason?
able to require hint to resist an officer
of the law or the law lts:-lf. Whether
the officer had authority or probable
cause for making the arrest Is not ma?
il rial. The conductor was confronted
with a known officer of the law, with
sufficient force to carry out his pur?
TARBUTTON V. TENNILLE.
Supreme Court of Georgia,
March 1, 1900.
A TOWN IS NOT LIABLE TO ONE
'?INJURED BY A PERSON RIDING
A BICYCLE ON A SIDEWALK.
BECAUSE ITS AUTHORITIES HAD
FAILED TO PROHIBIT THE RID?
ING OF BICYCLES ON THE SIDE?
The court says:
The Plaintiff in error instituted an ac?
tion against the town of Tennille in the
county court of Washington county,
and alleged In her petition that by the
charter of said town It was made the
duty of the municipal authorities to
keep the streets in good order, and pre?
vent Injury or annoyance to the public
or individuals from anything danger?
ous, offensive or unwholesome; that
one of the streets in said town, called
"Main street," is much traveled nnd
used by the citizens and others, and It
was a matter of public concern that
said street should be kept in order and
safe for travel; that In the year 1S97
one Howard, with the full knowledge
and consent of the town, did "reck?
lessly and torllously" ride a bicycle on
said street, a walk intended only for
pedestrians; that the plaintiff in error
was quietly walking along the sidewalk
about dark. v.hen, without fault or neg?
ligence on her part, she was run over
by Howard while riding his said bicy?
cle, and was greatly Injured, etc.; that
Howard is insolvent and she could re?
cover no damages from him, the walk
would render the town liable. It is al?
leged In the petition that Howard rode
his bicycle on the sidewalk at the time
the injury occurred, with the full know
ledg and consent of the town of Ten?
nille. This being the only allegation
made as to the knowledge of the mu?
nicipal authorities, the plain implica?
tion is that they had not seen fit to
enact any ordinance against such use
of the sidewalk,and we hall treat the
ease as involving the liability of the
town for a failure to pass an ordinance
prohibiting riding bicycles on the side?
walks; tho position of the plaintiff
being that they were invested with the
power to enact such ordinance, and
failed to do so. The enactment of ordi?
nances for incorporated towns Is a leg?
islative act. nnd the failure to exercise
the iegislntlve power Is a very different
matter from a failure to perform a duty
required by the law or the (harter of
the town?such as, for instance, keep?
ing Its streets in good repair nnd order,
bo that pedestrians and others using
the street may do so with reasonable
safety. A failure to perform the latter
duty gives a right of action to one who
is injured, under certain circumstances,
but we knew of no law which would
hold the mnulolpal authorities liable iu
damnsM for a failure to exercise a leg?
islative discretion In the enactment of'
ordinances. In the second volume of
his work on Municipal Corporations
(section 940), Judge Dillon says that "a
municipal corporation is not liable to
an action for damages either for the
non-exercise of, or for the manner in
which in good faith it exercises, dis?
cretionary powers of a public or legis?
lative character: ? ? ? anlj the rea?
son Is that such powers are conferred
to be exercised or not as the public in?
terest is deemed to require, and there
Is no implied liability for deciding
either that the public interest does not
require action, or that it requires ac?
tion in a particular way." It was en?
tirely discretionary with the mnuli I pal
authorities of Tennille to exercise the
legislative powers coferred on it by '
lanv, and enact an ordinance (which Is]
a law of limited application to terri?
tory) preventing the use of sidewalks by
a person riding a bicycle: and .it' they
deemed such an ordinance net to be for
the best Interests of tile Inhabitants Of
the town, It was entirely competent for
them, in the exercise of the discretion
with which they are vested, not to piss
BUCh an ordinance, and whether they
did, and some person violated it. or
did not, the town Is not responsible to
tlie person Injured. The petitioner in
this case might. If Howard was negli?
gent or violated any general law appli?
cable to tlie use of sidewalks, have an
action against him. hut there is no nu
; thortty within our knowledge which
empowers her to recover from the town. ,
I The demurrer was properly sustained.!
and (he Judgment of the court below
THE SON' OE OEX. VON BORCKE IN
The Richmond Dispatch of yesterday
Mr. Wulf von Borcke, Die youngest
son of General Count Heros von
Borcke. the former Prussian soldier
who was chief of staff to General Job
Stur.it, was at the state Library yes?
terday, and was shown the sword of his
famous father. He Is the guest of Mrs.
John R. Cooke, of ibis cay. The young
j man, w ho Is only 19 years of age, will
make his home In this Htat?, for which
his father battled so bravely. He will
reside in Botetourt county.
Count von Borcke came to Richmond !
from Prussia In May, 1>02. to enter the
service of the Confederacy. He was at
once assigned to duty under General
Stuart. Beginning with Seven Pines,
General von Borcke was with General ]
Stuart in nearly all the great battles j
of that General's career, and was sev- I
era! times seriously wounded. He was!
a most accomplished soldier, besides
oni of great personal bravery. General '
von Borcke always wore a straight, j
, double-edge Damascus blade of enor- '
mous size. The Confederates who
could not easily pronounce his name
culled him "the Prussian with big
pword." The sword Is at present in the
Slate Library. After the battle of Get?
tysburg, In which he could not partici?
pate on account of -wounds. Stuart
wrote to him: "My dear Von, I cannot
tell you how much I missed you and
your broad blade at Gettysburg."
fieneral von Borcke went back to
Prussia in February, 1865. The sword
was presented to Virginia on behalf of
the family by Generals Williams C.
Wlckham, while a member of the State
Fenate several years ago. General von
Borcke has been dead about live years.
His book, giving his recol'.cctlons of
service in the Confederate army, is
h'ghly valued as a work of history.
Mr. Von Borcke spent several days
In this section nnd city recently, the
guest of Mr. J. E. B. Stuart. Jr., son of
ibis famous Confederate cavalryman,
upon wohsc staff his father served ?Ith
Tho Best Prescription for Chills
und Fever Is a bottle of GROVE'S
TASTKI.r.SS CHILL TONIC. The form?
ula Is plainly printed on each package It
Is simply lion and Quinine In a tasteless
form and Is compounded In correct pro?
portions. The reason imitators do not ad?
vertise their formula Is hecause they
know you would not buy their medicine i
if you know its Ingredients. Grove's ^ ?
the original, and Is the only chill nnd fe- '
ver remedy sold throughout the entlro
malarial section of the United Slates. No
cure, no pay. Price 60c.
Blue serges in shades and weaves
that will interest you.
RUDOLPHI & WALLACE,
myg 333 Main St.
THEY WERE WELL PLEASED.
WESTERN PEOPLE DELIGHTED I
WITH THE NORFOLK SECTION.
Readers of the Vlrglnian-rilot will re?
member the recent visit here of a body I
of Western board of trade men, who |
came here to extend the trade rela?
tions between Norfolk and various]
Western business secti.ms.
That they were delighted with this
section is shown by tlie following arti?
cle from the pen of one of .hem, which I
nppenred in the Toledo Sunday Bee. of
One of the pleasant features of a re?
cent rip made by llfteen Western fruit
men to the cities of the east const of
Virginia, was the experience of four ]
Elks in the party. The Southern Elk, i
like his Northern brother, was born a I
good fellow, and the genial warmth of
a Southern sun for twelve months In
the year, with Italian skies overhead,
seems to have developed that Inborn
hospitality to a very high d'Rrie. The
E'ks of Norfolk ware boiling a carni?
val at the armory and we were t?ken
into the inner circle in about one min?
ute after we reached the hall. Every?
one knew us and we knew everybody.
Hie Norfolk Lodge has a membership
of six hunderd and they are an --ntha
slastic. wliole-soul?d lot of antleied
brothers. By some hocus-pocus it was
given out that the four Western boys
could sing and lo and behM.l the next
morning's papers announced that "The
Imperial Quartette from the West
would sing at the evening performance
arid would also take part In tho cake
Taken In tha morning sets as s bracer?
with meals aa adigeatlre agant, at night
cores Darrnnsneaa and makei jon eleep>
Try it. For salo by droggiata, grocers,
cafee and hotels. Send (or pamphlet.
J W. H. TERRY4 CO.. Wholesala Druggists
Commercial Placa, Norfolk, Vs.
walk." Besides Toledo, the Columbus
r.nd Indiana polls lodgta were repre?
sented in the western delegation, and
after we had heard the famous srtech
of Patrick Henry delivered by a native
Virginian, in that lltiuW Southern
style, and from the old new In which
Henry hud stood, one of the Columbus
boys remarked that be- would uvt his
last dime that Patrick Henry was an
Elk. At Richmond, -while we did not
meet so many of the order, the quality
was the same. The glad b ind and the
latch-string were out on every side.
Accompanying the Northern party,
as a representative of the fj. & O. road,
was William A. Sullivan, assistant
general freight agent, und as Killte was
a good Elk and sh >?..? I us such atten?
tion and so many favur?. the entire
party of Elks and the common herd
combined presented him with a beauti?
ful gold Elk pin. For a few minutes
we had the C. & O. side-tracked, but
It did not suspend operations long, and
If you could have seen llw boy* In the |
party, "who never took anything" dur- '
ing the next thirty mlnu:e<4 you could
have guessed what h 11 happened,
A: Richmond we were shown a rope
mcde from bed-ticking, by moans of
viuch u Confederate mu.-or and bis i
two sons bail escape 1 from the prison ;
on Johnson's Island. The rope was |
taken back to Virginia by the escaping
Many people in the North little real- '
Ixe the magnitude ind resources of the
muntry of Eastern Virginia_N^'LiUi.
harbor was a revelation to our party, I
ns to the amount r.f shipping ban lied
there. The trucking in early vegetables'
and berries is the most extensive in :
the Tailed States with the exception
of Long island. The foreign shipments
of coal are enormous. Of the three
five-masted skips In the world two of
that number were lying In Norfolk har?
bor waiting to load, and they were
owned in Bath. Maine. I*. S. A., at that.
We were shown the locutions of the;
mines and torpedoes that were planted
during the Spanish scare to protect
Norfolk, Newport Ne.vs and the ship?
Fortress Monroe fairly bristles will-,
guns that were oiled and cocked and
primed during those troublesome <:u>s.
and It would have been a warm, busy
time for anv foe to have tried to sail
through Hampton Roads and "eh to
Richmond." vV. It. GEKOE. j
At Tho Hotels.
Mr. H. E. Harmon, of Atlanta, gen?
eral passenger agent of tho Atlantic
and Western railway, le at the Monti
Mr. N. T. Williams, of Lynchburg, is
in the city.
Mr. M. i\ Patterson, of Richmond, is
In the city.
Messrs. T. A. WyneSS, A. Slmmonde
and Charles Samuels, all of London,
Eng., are at the Monticello.
Mr. H. A. Stockholm, of New York,
in charge of the commissary of the Old
Dominion Steamship Company which
is to be moved to Norfolk soon, arrived
Mr. IL C. Macklln and child, of Roa
noke, are bore.
I Mr. C. J. Adams, of Lynchburg, Is In
Hon. H. G. Connors, of Wilson, N.
C.i speaker of the North Carolina
Houae of Representatives, is In the city.
He was re-elected to the House of Rep?
resentatives by his county yesterday.
Mr. A. H. Harris, of Charlotte. N.
C. arrived in the city yesterday.
Mr. P. K. Ayres, of Danville, 1? reg?
istered at the Atlantic.
Mr. and Mrs. \V. B. Hudson arrived
in the city last evening and are stop?
ping at the Atlantic.
The funeral of Harry Gettmnn. the
IS-ye-ir-old son of Mr. Andrew Gett
man, who passed nway at the home of
his aunt. Mrs. Emma Corbett, Avenue
H. Tuesday, was held front -the resi?
dence at 4 o'clock yesterday afternoon.
The services were conduct) 1 by Rev.
Geo. W. Lawson, of tin- Park Pinea
Presbyterian Church. Th? remains
were In id to rest in Elmwood Cemetery.
Following were the pall-bearers: Har?
vard Kllgore, Edgar Bell. J. A. Cassell,
Jos. T. Addison. Uandlett Plummer, A.
It. McClaln, Georce Carmine, O. P.
Cottage meetings nre being held every
night In various sections of the village
by members of the Himlersvllle M. E.
Church, which are being attended with
OTHER LOCAL ON PAGE 11
JUl OTHERS I Mothers! a hot bath with Con
cuKi SoAr. when followed by a single
application of OcTicvuA Ointment, tho great
?kin enre and purestof emollients, will afford
the most grateful anrt comforting relief in the.
severest forms of itching, burning,and sraly
skin and scalp humors, rashes, and irrita?
tions, and point to a siieetir, permanent, and
economical euro when all other remedies and
oren tUe best physicians fail.
Fold throw eh??it tS* worM. Totti p. t)lPffini)CltH.
Co.r.. Prop. .Iloiton. I! .?!.???' -.-I ? Lin-ll.in.or., Irt*.
White Hardware Go.
309 MAIN ST., NORFOLK, VA.
WINDOW AND DOOR
Sash, Doors and Blinds.
Estimates cheerfully furnished.
Examine our Stock of
Lawn Mowers, Hammocks.
We also make prices right.
WHITE HARDWARE CO
234-236-238 MAIN STREET.
The 1900 Edition of
the Russian Navy Serge.
^Russian Navy is the Serge that
frightens them all. When you see
others playing upon a name you may
be sure there's matchless merit in
the original. But the attempts to
share in the fame of Russian Navy
Serge are as unsuccessful as are the
imitations of the weave itself?too
EVERY YARD OF RUSSIAN NA?
VY SERGE IS WOVEN EXPRESS?
LY AND EXCLUSIVELY FOR US.
You cannot buy a Russian Navy
Serge Suit anywhere but in a Saks
store. They are all made in our
own workrooms?cut upon "Fit Re?
form" patterns, which insures perfec?
tion of lit to every man, regardless of
what his build?a feature not found
in Gothing of any other make. Two excelling points.
And the third. The price is as distinctive as the weave and
the wotkmanship. There's no Serge suit sold anywhere for $12.50
that can compare with Russian Navy Serges. Very few at $15 that
arc as good. The yard cost ot the goods has materially increased?
the making perfected?but we hold the suit price where it started
ten years ago?
Hen's Single and Double-breast?
ed Saks, with Single and
Double-breasted Vests ....
The Boys' Long Pants
Suits are as usual ..
<fc1fllThe B?y8' Short Pants
mSuit8, as always . . . .
The strongest guarantee that can be given Clothing is deserved
and accompanies every Suit of Russian Navy Serge?because we
know it to be THE BEST Serge?THE BEST MADE?THE
At Any Time In the Day
Tou will find the woman wha
has n Piano enjoying herself- A plana
Is a sure cure for the blues; It Is both n
luxury and a necessity. Our eaaj
terms enables every one to buy.
66 Gran by Street.
Phones 1109. PIANOS TUNED.
BATCHELDER & COLLINS,
141 to 145 WATER STREET.
Sewer Pipe, Cement, Brick, Lime,
WALL PLASTER, SHINGLES, LATHS.
CAR AND CARGO LOTS A SPECIALTY.
PHONE 101 NORFOLK VA.
The Great Insect Destroyer for Bed-Bugs, Roaches, Ants,
Fleas, and All Insects.
25c. Per Bottle. Prepared by
McCURDEY & McCURDEY,
406 Main Street, Opp. Hotel Norfolk. 733 Church Street, Cor. Calvert
n () k f o Iv k:. v a.
Ice Cream Freezers!
Large assortment, best goods, low?
est prices. Your trade solicited.
P. J. M?LBON,
109 Commercial Placa
Both Phones No- 401.
Norfolk Iron Works,
GEO. W. DUVAL & CO ,
NO. 18 WATER STP.EET. NORFOLK.
ENGINES, BOILERS. SAWMILL and
all kind* of machinery of the most Ira
proved patterns. Al?o repairing at the
shortest noUce. Particular attention to
?teimboat work. DUVAL'S PATENT
BOILER TUBE FERRL*LE3 are ih.
only perfect remedy for leaky boiler
tubes. They caa be Inserted in a few
minutes by any engtatsr, and are a*r
[ ranted la atoa IfttlU. ,
DRY SLAB WOOD
Dry and Green Oak Wood.
Dry Pine Wood.
COAL OF ALL KINDS.
CHAS. E. SCOTT & CO.,
KM LOVITT AVENUE,
Old Phone, ?L_New rhone. UM.
224 Water Street.
RAILROAD. STEAMBOAT AND M1LU
Agent* for this section for the asla of
Oraton A Knight's Leather Belting. New
Tork Belting and Packing Company's
Rubber Goods. Knowlton's rateat Pack?
ing. SAVSL Btetm r.UXOJr*. Wfio