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THE NEWS OF NORFOLK ON PAGES 2, 3 & 5. TELEPHONE 273 18 Pi5 HIS. When in Parts telephone our house. 32 Auc Etlenne-Marcel. and they will send to four hotel or tell you the nearest drug? gist who keep3 Humphreys' Speuifl.cs. Nearly all dealers hays a supply of "77" for Grip and Colds. Bpecltlo "4" for Diar? rhea, very important when traveling;. Specific "1" for Fevers, Congestion. Specific "10" for Dyspopsla, Indigestion. Specific "15" for Rheumatism. Specific "16" for Malaria. Specific "26" for Sea-Sickness. Specific "27" for Kidney and Bladder. Manual of all diseases, especially about children, sent free. For snlo by all druggists, or sent on re? ceipt of prlco, 25c. each. Humohreys' Homeopathic Medicine Co., Cor. William ft John Sts.. N. V. at the SOUTHERN SHORTHAND & BUSINESS UNIVERSITY, Norfolk's popular business echcol, and one of the leading business colleges of America Not only ha.i every graduate secured a situation, but alto every student who has become only n reasonably prollclent book? keeper and stenographer. Day and iiixht sessions tho year round. Cull or write for particulars. J. M. RESSL.BR. President. SUMMER LAW LECTURES UNIVHltSlTY OF VIRGINIA, fist Summer. .IuIt 2 t o So|it. 1,1?0U. K.v.-clnlly help? ful tobezlnaara.: to ctndldatM for ndmixion tutha bar; aiel to ><uitik prai titinnfjrh wlie Iirtm larked ? raHinntli- Instruction. For CbIbIokuo addrcia It.MlNOIttHacretarr^CharloiteaTlllwtTB. just arrived; will be sold from $3-50 to ?20 per roll; in rich colors and unique designs, and in an unlimited variety to choose from. Our floor cov? erings of all kinds are made to wear and are of the best manufacture. Carpets 25c. aji Lin< eum for tins week will inten; t the -u;chaser. Do not iii.il to se: our line of par? lor furniture?$10 a suit. Our goods are all new, and prices to suit purchaser. 231n 233,235 A Few of Our FJrices. Postum Cereal .22V4c. pk?. Grape Nut .r-J2VSc. pkg. Blue Hen Matches .lue p|{};. 12 pkgs. Pcnrllno .2oc. 6 Bats Octngon Soap and 1 pkg. Bee Washing Powdor .25c. 10 Kars Polo .Soap .Ko. C Kirs Ivory Soai.2.*?c. Entire Wheat Flour .8c. pound. Baking Chocolate .18c. cake. Beat Quality Mocha and Java Coffee_ .Sue. pound. Good Mixed Tea .S.V. pound. Fool's \\ ;-.ter Cround Meal .15c. pkg. Smlthllcld Hams .1*o pound Westphalia Bams .16c. pound. Best Hallo llnm .13c. pound. Princess Anne Co. ICggs .12',^c. doz. KriRle Milk .15c. can. Challenge Milk .Sc. can. We want your business,' and soli cheap for cash. VIRGINIA GROCERY CO. D. PEN DER. P?OPRIETOR. COURT DECISIONS. DIGESTED BY W. B. MARTIN, EXCLUSIVELY FOR VIRGINIAN-PILOT. Notes of Cases Recently Decided, Which are of Interest to Our People. MARCOM v. R. & A..A.. L. R.CO. Supreme Court of North Carolina, March 20.1900. A RAILROAD COMPANY IS NOT LI? ABLE FOR THE DEATH OF A FIREMAN RESULTING FROM A DEFECT IN ITS TRACK CAUSED BY THE WANTON ACT OF A TRESPASSER. UNLESS IT COULD BY THE EXERCISE OF REASON? ABLE DILIGENCE HAVE PRE? VENTED THE CONSEQUENCES OF SAID ACT. The Court says: This Is an action brought by the ad? ministrator to recover damages for the dculh of his Intestate, alleged to have occurred through the negligence of the defendant. The deceased was a lire man on defendant's engine, which left the track, resulting In his death. The defendant contended that the accident did not occur through its own negli? gence, but was the uirect result of the malicious act of some outside party. In pulling out the spikes and pressing in the end of the forward rail, thus mak? ing wha/t Is called in railroad parlance a "4ack switch. The effect of such a switch Is to cause the wheels on one side of the engine to to run ol'C the open end of the rear rail upon the ties, and, as the Mange Is on 'the Inside of the wheel, to eventually force the engine clear of the rails. Defendant further contended that It was In no way re? sponsible for such malicious act. and could not have prevented its conse? quences by any reasonable diligence, 'ibis view was evidently taken by the Jury, who found for the defendant, and there u.pppeurs sufficient evidence to Justify their finding. The principles governing the case at bar are well set? tled. It Is the duty of every railroad company to provide and maintain a safe roadbed, and its negligent failure to do .so Is negligence, per sc. But, while the company Is held to a very high degree of care, there must In all cases be some element of negligence, to Justify a recovery; and It cannot be held responsible for the wanton ami malicious act of an outsider, unless It could by the exercise of reasonable dil? igence have prevented the consequences of such act. As the law places upon the company the positive duty of pro? viding a safe track. Including the in? cidental duties of inspection nnd re? pair, its unsafe condition, whether ad? mitted or proved, of itself raises ll?e presumption of negligence. This is al? ways the case where there is a failure to perform a positive duty Imposed by law. The burden of proving such a failure of legal duty rests upon the plaintiff, but, when the fact Is proved or admitted, the burden of proving all such facts as are relied on by ?the de? fendant to excuse Its failure rests ui>on the defendant. Its plea then is in the nature of confession and avoidance. When the defendant. In Its answer, ad? mitted that the death of the plaintiff's intestate was caused by the unsafe con? dition of Its track, the plaintiff's case was practically made out for the time being, and the further burden was at once shifted to the defendant. Its con? tention that the accident was caused by the malicious conduct of some one for whom it was not responsible, nnd the consequences of whose act it could not have prevented by any reasonable de? gree of care, was an aflirmative de? fense, by Its very nature carrying with it the burden of proof. These princi? ples are correctly laid down In the charge of the court, and, as we And no substantial error in the conduct of the trial, the Judgment is affirmed. HAUPT V. P. M. L. TNS. CO. Supreme Court of Georgia? March 1, 1900. ~\ POCICT OF INSURANCE WHICH STATER THAT IT SHALL "CEASE AND DETERMINE" UPON A FAIL? URE TO PAY ANY PREMIUM WHEN DUE. IS NOT KEPT IN FORCE AFTER SUCH A FAILURE, MERELY BECAUSE IT WAS THE CUSTOM OF THE COMPANY IN THE CITY WHERE INSURED RE? SIDED, TO RECEIVE OVERDUE PREMIUMS FROM OTHER POLICY HOLDERS. The court says: The only remaining inquiry is whether or ?ot the alleged practice of the com? pany in dealing -wiith, other policy holders in Savannah -was of itself suf? ficient to keep Haupt's policy in life after his failure to pay the second pre? mium v. hen due. It cannot be seriously contcded that this usage or custom 'be? came, by implication, a part of the con? tract evidenced by the policy. Para? graph 4 of section 1 of the Political Code declares that "the custom of any 'business or trade shall be binding only when it is of suoh universal -practice as to Justify the conclusion that it be? came, by implication, a part of the con? tract." Granting that such a. custom as that mentioned In the plaintiff's peti? tion existed in Savannah, the policy Look at your tongue I If it's coated, your stomach is bad, your liver out of order. Aycr's Pills will clean your tongue, cure your dyspepsia, make your liver right. Easy to take, easy to operate. 25c. Ali druggists. _ -r W?iil your ir.oiiiuche or beard a beautiful" br.iirn or rich blackf Thru use BUCKINGHAM'S DYEM&. Issued to Hnupt expressly negatives all idea that the parties thereto contracted ?with reference to such custom. In so far as any local usage Is Inconsistent with the express terms of a contract, tt certainly cannot he said that by Impli? cation such usage became part and par? cel of that Contract. "Parties by their contracts may disregard any usage or custom ordinarily prevailing In their transactions, and. If they make the terms of their contracts contrary" to the usage, they must have Intended their contracts to exclude the usage." Ap? plying this cardinal rule of construc? tion, "a custom of receiving over-due premiums" is not an excuse for failure to pay a premium In accordance with the express stipulations contuined in a policy of insurance. No insurance company could with safety grant Indulgence to any of its policy holders In a given locality if by so doing it became, as matter of law. bound to grant like indulgence to all of Its patrons In that locality, whether It was willing so to do or not. The estab? lishment of such a doctrine would ren? der It omt of the question .for such a company to grant accommodation In .many instances where such a course i would be mutually advantageous to II *olf and Its policy holders. We under? stand the law to be that all persons, nattural or artificial, are at liberty to waive at pleasure the benefits of con? tract stipulations In a particular In? stance, without 'losing the right to In? sist upon such stipulations In other in? stances, so long as no one is misled anil induced to act to his Injury. Surely it cannot 'be said that, simply because an insurance company grants to one policy holder Indulgence or accommodation to which he is not entitled under the strict terms of his contract, another po? licy holder has the right to act upon the assumption that similar Indulgence or favor will be shown him, notwith? standing he cannot claim under his contract an.v shadow of right to the same. Affirmed. BRIEF ITEMS OF INTEREST. Mr. D. F. Bass, of the Unnstader-My ers Co., returned to-dav from Balti? more where he spent several very pleasant days in company with his ?brother, Mr. E. E. Ras-s, from New Haven, Conn., formerly of this city. Mr. Morris Collnsky, of Washington, D. C, Is visiting his brother on East Main St. Mr. J. E. R. Carpenter, the well known architect, has leased the plat of lond on the South side of Plume street, near Graivby, npw vacant, and will erect thereon a two story building, with compartments for six stores on the neighborhood of S25fiflSzlM DLSsMfera ground floor and offices above. The building will cost 1n the neighborhood of $25,000. This Is another move in the direction of making Plume street one of the business streets of the city, as It is no doubt destined to "be. Since the new ?federal ibulldlng is ncarlng completion, the other vacant lots on this street are being advertised for sale. Mr. J. E. KIdwell of the Southern Railway Company, Washington, D. C, Is visiting friends on Freemason street. Miss Nina Butler, of Cumberland street, left yestejday morning to at? tend the Carnival In Richmond and will spend several weeks there with friends. Eleotrloal Workers' Smoker A meeting of the Independent Broth? erhood of Electrical Workers was held In Central Labor Union Hall Friday night. The smoker given by this union last Saturday night was a success In every way. Asa result of this entertainment several applications for membership were received. This organization Is steadily growing and in the near future will have ail of Its members graded, and a scale of wages established. It will then endeavor to come to some understanding, which will be of mutual benefit to the contractors and electrical workers. Crain Exports. The exports of grain from the Nor? folk ports for the past week confined to corn and embraced 42,857 bushels. CUBAN POSTAL FRAUDS ASSISTANT SECRETARY MEIKLE JOHN TO DIRECT THE INQUIRY. (By Telegraph to Virginian-Pilot.) Washington, May 12.?Assistant Sec? retary Meiklejohn has apparently been charged with the direction of the pros? ecution of the Inquiry Into the alleged Cuban frauds. At noon to-day the As? sistant Secretary retired into Secretary Roofs private office for a secret con? ference with Deputy Auditor Dawshe and the postolllee inspectors who have been detailed by Postmaster General Smith to investigate these Cuban postal frauds. Colonel Edw-ards, the army officer In charge of the division of customs and insular affairs, also was called into the conference. At the conclusion of the conference at the War Department it was an? nounced that Acting Secretary Meikle? john had appointed Ahraham Lawshe, deputy auditor for the Postoffice De? partment, to be assistant auditor for auditing the accounts of the depart? ment of the postolilces in Cuba In place of W. H. Reeves, who nas been sus? pended pending the result of the inves? tigation of the alleged frauds. Mr. Lawshe will leave for Havanna Mon? day. To-day's conference lasted for sev? eral hours, and it is believed that the officials concerned have progressed as far with the Inquiry at this end as the material In hand permits. The papers, under the close scrutiny of the experts, have sufficed to establish a state of things in the Cuban postal service de? manding prompt and strict Investiga? tion Into the relations of other ein ployecs than Neely at the earliest mo? ment. It was rumored that Mr. Rath bone, the director of the Cuban posts, had been suspended In order to clear the way for the inquiry. This rumor, however appeared to be at least pre? mature. There were no susi^onsions Or? el -red In the case beyond that of Au? ditor Beeves. Hut General Wood has] been cabled full authority to make sus? pensions of officials if the Inquiry he Is making at his end tends to connect Mr. Kathbone or any one else with the frauds In the slightest degree. In view of the activity with which General Wood is proceeding with his investiga? tion. Immediate developments may be looked for In Havanna. Acting Secretary Meiklejohn received an express package to-day from Gen? eral Wood at Havanna containing an application for the extradition of Nee? ly. Mr. Meiklejohn immediately sent the document to the Department of Justice for the action or the Attorney General, who undoubtedly will cause Its presentation to the Governor of New York without delay. It Is declared to be the purpose of the administration to leave nothing undone to ascertain the true situation of af? fairs In Cuba and to bring to speedy Juftlce every person who may be found to have been connected In any manner whatever with frauds upon the postal revenues. POSTAL AUDITORS JAILKD. Havana. May 12.?Messrs. Reeves and Reynolds, the auditors of the postal de? partment, who have been under sur? veillance, have not been sent to Jail, but are detained in their own rooms under the charge of a deteciive. They will not be allowed to communicate further with any employees id" the post otllce until nfter the investigation /of the postal fraud.? have been completed' Carridon Rich was the man w ho con? fessed to a knowledge of many of th" transactions, which. In the opinion of lawyers, tends to Implicate others be? side Neely. Rich was Neely'8 partner in a number of business enterprises in I Cuba nnd also holds power of attorney for htm. It was through Rich that $5,000 of new issue stamps were recov? ered and he has not been arrested on account of the valuable assistance be is now giving in unve.llng the plot. Further, he has agreed to give evidence when Neely is arraigned. The amount of the defalcation, so far as discovered at present, is $3fi,000 dur? ing the year 1300 and $611,000 during the year lSD'.i. Of this amount $5,000 has been re? covered; $2,000 deposited In a bank here in Neely'8 name has been attached, and $G,500 he had in his possession when arrested. A brick yard and cocoa groves, the value of which is yet un? decided, the property of Ne'ely, have been attached. Neely's bond with the Fidelity Deposit Company amounts to $30,000, nnd the estimated bonda of others, against whom evidence is ac? cumulating, will amount to from $15. 000 to $20,000. The probability is that the Government will lose in the neigh? borhood of $.10,000 or more. WILD GO TO CI'RA. New York, May 12.?John D. Lindsay, counsel for Neely In the Cuban post? master matter said to-day that Neely was perfectly willing to go to Cuba If Governor-General Wood desires his presence there and he thought even that extradition papers might be super ftous. However, he admitted that both Neely and his counsel preferred to have the case tried here, -where It would come before the federal courts of the Southern district of New York. "Everybody knwvs the condition of the courts in Cuba," explained Mr. Lindsay. "All manor of irregularities exist there, made -worse, if anything, by the passage of war over the Island. From time to time General Wood is? sues an Imperialistic edict stating that so and so will obtain in the courts hereafter, or gives out a statement from Washington to the effect that henceforth such an such o, section In the penal code will be changed." Mr. Lindsay went on to Intimate that the state of affairs in the Cuban courts wns so uncertain on account of the raprielousness of Mr. Mc.Kinley's policy that Neely much .preferred. If possible, to stay under the Jurisdiction of the plain United States law. Washington, May 12.?It is under? stood that Governor Roosevelt will leave here for New York to-morrow morning, nnd that an officer of the De? partment of Justice will meet him there on Monday morning when the requisi? tion for the extradition of Neely will be promptly honored. Late advices received at the War De? partment from Governor Wood Indi? cate that it Is the opinion of the Ha? vanna offleinls that the defalcation In the postal funds will not fall short of $75,000. MCVornon Boulevard. (By Telegraph to Vlrglnlan-PIIot.) Washington, May 12.?Secretary Root and Adjutant-General Corbln visited Mount Vernon to-day. Secretary Root's purpose -was to Inspect the projected National boulevard, which la to connect Mount Vernon with the capital. ^SM Waters_ Run Deep." In your Body lies the vital fluid, the blood. It makes no noise, but it gives you life. If it is strong, pare, full in volume and vigorous, you reap the benefit. If not, the still waters of life, tainted and poisoned, are well-springs of disease. Hood's Sarsapa rilla purifies the water of life at its source. It makes the blood healthful and keeps it so, as nothing else can. Family Medicine?" Ws value Hoofs Sarsapartlla very highly. When vie feel ihe need of a medicine v>e take H and it keeps our systtms in good order." N. J. Leighty, Booth, Kansas. Eczema?"Hood's SarsapariHa and Hood's Olive Ointment cured ecaema very qukkly. I mould not be votthout them." Mrs. Rayner, 126 Kellogg Sheet. Fall River, Mass. Tired Feeling? "We take Hood's Sarsaparille for our spring medicine and vohenever tue have that tired feeling and tue find it is good." Mrs. John Work, Cochranton, Pa. ^^^^^^^ Hnotf't PUW ,uiTt ll?ff till; the nop-irrlUUny and ?eilj"'c?tfc?rtic to Uik? with Tloo?V* S?._?*paiiii*. Important Notice! Special limited quantity of FINEST HAVANA CICARS For box trade at factory prices Hamburger's Cut Rate Ticket Offic i Kt MAIN STREET. LATEST FROM RICHMOND. Continued from Page 1. North Carolinian, now a resident of this city, Dr. J. Allison Hodges. As many strangers arc expected to be In the city on Monday, there will doubtless be a large crowd to witness this interesting ceremony. IN THE PHILIPPINES. A letter has been received here from a Richmond boy now in the Philippines, In which he expresses the opinion that the Insurrection is very far from an end. "As soon as we subdue one place and move on," he Bays, "the people break out again. I don't think that quiet will ever reign again, unless enough men are sent to garrison every town and vil? lage." TROOPS STlL.lV ON GUARD. A strong body of troops Is still guarding the jail at Martlnsville.where ln ;s confined C. G. Halrston, the negro who tried to criminally assault Miss Qaulding, an eighteen-year-old girl yesterday. The people are In a highly excited state, but the soldiers are mas? ters of the situation. Particulars of the assault received to-night state that Mist Gaulding, accompanied by her little brother.passcd by a Held where Hairs ton was at work. He approached her with a pistol in his hand, and tried to drag her to the woods. She resisted vlo lenUy and succeeded In wresting the plsto! from him. He then ran and she fired at him twice but without effect; JACKSON WARD CASES. Judge Dumb, of the Chancery Court, refused to sit at the Jackson Ward al? leged forgery cases this morning on ac? count of personal reasons, and Judge Wollford heard arguments on the bills for Injunctions this evening at live o'clock. Mr. W. Ia Royall prepared two separate and distinct bills to prevent the eli ctoral board from placing the spuri? ous names of candidates on the official ballot. Mr. Royall presented the case .and Judge Wellford at once granted the injunction. SENATOR PARKS DA DE SPEAKS. At the Democratic, meeting held In the western part of the city to-night. Senator Barksdale, of Halifax, was the principal speaker. He advocated the Constitutional Convention and said free silver was a dead Issue. Isaac Dlggs a former member of the House of Dele? gates.who has heretofore'been regarded as a ".machine man" denounced the machine. He said men drawing J5.000 a year were trying to defeat the will of the people In having the call for the Constitutional Convention voted down. BAD COMPLEXIONS RED ROUGH HANDS FALLING HAIR PREVENTED B1 The most affective skin purifying and beautifying soap in the world, as well as purest ami sweetest for toilet, bath, and nursery. It strikes at tUo cause of bad complexions, red, rough hauds, fulling hair, and baby blemishes, viz.. the clogged, irritated, intlaraod, overworked, or slug? gish l'oar.s. _ Hota throafhoat th? woytd" PolI If) D. awn C.Coap., rrop. , nniti.q. Ibw la luv? Deauttrul Coniplciton.rreo GREKT 111 I We will begin to-morrow our great CUT PRICE SALE OF READY-MADE CLOTHING Suits, regular price $8; this sale, $5.75. Suits, regular price $10; this sale $8.25. Suits, reg. price $12.50; this sale $9. Suits, regular price $16; this sale $12.50. We guarantee these suits all wool and from $3 to $> less than others are selling them for. CLAUDE W. NORTHERN & BRO 234-236-238 MAIN STREET. One of the Most Extraordinary t Offerings in Men's Suits. \ $8,75 Suits that are worth up to $18 go on Sale To-morrow, Monday, for - out early this very prominent We closed week from a maker of Men's Clothing?all his small lots of Spring and Summer-weight Cheviot, Wor? sted, and Striped Flannel Suits ?aggregating about 450 Suits ?in fully 25 or 30 different styles?all this Season's effects and every one of them a neat and stylish pattern. This maker lias a well-deserved reputation for the excellence of his work and the perfection of his fitting! The Cheviots and Worsteds are Single-breasted Sack Suits, with Single or Double-breasted Vests ; while the Striped Flan? nels (which, by the way, are destined to be immensely popu? lar this season) have Double-breasted Coats, but no vests. With the values ranging up to SIS? you certainly will jump at tire- chattes from the lot at. v t $&754 Men's Hats, Worth up to $2.25, Choice, $1.00. Of the special sales and the regular stock we've about 33 dozen odds and ends of .Wen's Derby's Fedoras and Golf Hats left. While every shape and every shade is included, there are not all sizes in them all. The price is the least ever named?but we're clearing up the small lots of the season. 59c Men's Madras Negligee Shirts - - - - - With each of these Shirts are two collars and pair of cu ffs to match. The patterns are checks and stripes, ot new arrangement and colorings. These Shirts were made to sell at 89c.?and well worth the money, too_ French Lawn Neglige Shirts, In stylish stripes of Blue, Fink. Red and Lavender. They are perfect lilting and with each Is a separata pair of cuffs. Regular $1.50 Shirts, for . Men's Jean Drnwers, with string and knit bottoms, relnforeed seats; 60c. you've always paid. For u day. 98c 36c Men's Bnlbrlgg.m Shirts and Draw? ers. French neck, overlock seams, double gussets und peurl buttons. Best of the 35c. garments, for . Men's Polka Dot Hose, in Biuo and Tan. Oood Hose for 18c. a pair. 131g bargain at... 23C Black. 10c Men's T.lsle Thread Half Hose, In Royal Blue. Black and Tan; war? ranted fast colors, with spliced soles und double heels and toes. 35c. Hose, for . Lot of Silk Club Ties in a great as? sortment of fancy colors. i C/? Worth 25c. Choice . I OL 23C . {SjEiks? Conxj^any | fi Comfortable Footwear. E Style. Comfort, Dai ability. We have the largest assort? ment of fine, comfortable and durable Shoes In the city. A call will convince you of the 'act. Thoy aro within the reach i of each and every one. | Hornthal J & Morris. J 8" II it teft W? are agents for the following machines: The Standard White, New Home, Domestic and Household A good now machine from $1S.W. Splen? did line of second-hand machines from $5.00 to $15.00. Needles and all parts for machines can bo had nt our office. We repair sewing machines und guarantee tha work. C C. G?NTER, STANDARD SEWING MACHINE* 165 Church Street, Norfolk. Va. WE HAVE JUST RECEIVED A TRAIN LOAD OP HANDSOME NEW FURNITURE FOR BPRINO AND SUMMER USE. Til 19 STOCK INCLUDES MATTINGS, LACE CURTAINS, BABY CARRIAGES, GO-CARTS, REFRIGERATORS, GASO? LINE STOVES OIL. WOOD AND COAL RANGES. COMPLETE LINES OF KITCHEN DINING-ROOM, BED-ROO M AND PARLOR FURNITURE. REMEMBER YOU CAN FIND NO FINER STOCK-THIS SIDE OF BALTI MCXRE. CALL AND GET JUST WHAT YOU WANT AND WE WILL MAKE THE TERMS SATISFACTORY. D. LAFFLER. *pi-a\!,th-Sni 426 <? 428 CHURCH ST?