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The gold leaf. [volume] (Henderson, N.C.) 1881-1911, June 09, 1904, Image 2

Image and text provided by University of North Carolina at Chapel Hill Library, Chapel Hill, NC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn91068402/1904-06-09/ed-1/seq-2/

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$ 9 1
The Gold Leaf.
Oxce more white winged peace
reigns in Raleigh.
Axd now, in the the light of Judge
Fritchard's action, Judge Fnrnell
must feel like a three cent piece with
a hole in it.
'Let us have peace" and mutual
respect for and confidence in one
another yea, even for judges and
lawyers and editors.
However much Judge Peebles may
have blundered in taking action
against the Lumberton lawyers, he
did the sensible thing in settling the
case. It wa3 a good ending of a bad
People ought to have respect for
judicial officers, but judicial officers
ought, by their private and official
acts, to challenge and command that
respect. The mere office is nothing
if the man is not what he should be.
What county can show a lower
tax rate than Vance? And 3Tet some
of our people talk about high taxes.
They don't know anything about it.
Let them go to some other places in
this State and then they might have
cause for complaint.
Certainly the young man Howard
should bo pardoned. 1 1 is such a pity
that any decent appearing white man
should have to do time on the roads,
even though he bo a thief. Durham
And when it comes to hanging a
man that is altogether too dreadful
n thing to do no matter how out
rageous and diabolical a murder he
may have committed.
Three murders in Vance county
inside of three months! Think of
it, good people! And Vance county
is not noted for its criminal record
either. Rut it is fastgajning notoriety
in this respect. Wh.tl is the cause
of all this? Upon what evil times
have we fallen? The answer is plain:
The miscarriage of justice in similar
cases heretofore. We have sown to
the wind and are reaping the whirl
wind. The Falkner murder and the
Joe Cole case are bearing fruit.
Ix view of the events of the last few
days North Carolina can fearlessly
challenge any other part of the moral
vineyard to produce more hot stuff
for the newspapers than we have
been making within our usually quiet
borders. llaleigh rout.
All of which reflects no credit upon
the State whatever. To us it is posi
lively painful that so much "hot
stuff" in the way of sensational de
velopments have had their inception
within the borders of our good old
Peace again reigns in the Old North
State, and will continue to reign i
the judges and editors will get in the
habit of behaving themselves with
the dignity that is usually supposed
to belong to their respective profes
sions. Richmond Times-Dispatch.
And "behaving themselves with the
dignity that is usually supposed to
belong to their respective profes
sions," each will respect the other
and there will be no occasion for de
nunciatory newspaper articles on the
one hand nor contempt proceedings
on the other.
The well known and reliable firm
of George Ratten & Co., newspaper
advertising agents, 38 Fark Row,
New York City, composed of (Seorge
Ratten and William II. Johns, was
dissolved by mutual consent on the
thirty-first of May, and is succeeded
by the George Ratten Co. The offi
cers are George Ratten, president,
and William II. Johns, vice-president,
thus continuing the same manage
ment that has built up the business
of George Ratten & Co. to its present
It is an insult to Judge Fritchard
to talk about his doing a magnani
mous tiung toward anybody by his
action in the contempt wise against
Editor Daniels. Judge Fritchard
Biniply did his duty, according to
law, without bias one way or the
other. His personal feelings had
nothing to do with the matter and it
is as much a reflection upon his in
tegrity and judicial character to say
that he showed favor to Mr. Daniels
us it would be to charge that he was
prejudiced against Judge Purnell
Either claim it appears to us would
be to discredit Judge Fritchard whose
whole course and conduct was in the
strict line of duty in the correct in
terpretation of the law. And for this
all honor and credit to the distin
guished North Carolinian.
Mr. Robert M. Phillips succeeds the
late Robert M. Furman as editor-in
cniei oi tue liaieigh rost. A good
selection, and one that will prove ac
reptabie to the readers and patrons
of that excellent paper. Mr. PhilliD
Las for some years been city editor
or the rost and in that and other
capacities he has demonstrated his
aptitude and capability as a news
paper man. He edited the Greens
boro Telegram with conspicuous
ability lor some time before going to
Raleigh, besides having had valuable
newspaper experience previous there
to. 1 he best wish of the Gold Leaf
s wax suitor I'niinps may prove a
worthy successor of the lamented
x urman and that under his contro
the Post may continue to enjoy the
.greatest measure of prosperity and
The Wilmington Messenger says
some things in connection with the
urnell-Daniels contempt case that
the Gold Leaf endorses most heart-
il v. The decision of Judge Fritchard
settles the question that no criticism
by a newspaper of the action of a
udge of the Federal courts is con
tempt of that judge. And yet this
act makes it no less incumbent upon
the editor to be fair and just and
dignified in his criticisms. As the
Messenger well sajrs:
This decision should not relieve
editors from the obligation which al
ways rests upon them to treat witli
respect the judges of our courts ana
to be gentlemanly and dignified in
their criticisms of the official acts of
such men. Editors should recognize
and observe the difference between
legitimate criticism of a man's official
acts and personal abuse and vilifica
tion. Because it has leen decided
that a newspaper article, no matter
how severe or personal, regarding
the conduct of a judge is not con
tempt is no reason why editors should
indulge in such style of criticism. We
do think that certain newspapers in
this State have in the past gone .too
far in their criticism of public officers.
Thev sometimes fail to recognize the
difference between criticism of the
official acts of a man in office and de
nunciation .and abuse of the man
personally. We hope this case which
has been given such prominence and
has attracted so much attention to
the question of contempt by editors
will have a salutary effect and that
it will result in a more dignified and
conservative treatment by some of
our editors of public officials. If it
does this Mr. Daniels' experience will
have done greater good in this way
than in the so-called successful cham
pionship of the liberties of the press.
This is well said and the sentiments
therein expressed should find a gen
erous response in the heart and ac
tion of every editor whose sincere
desire is to follow the legitimate path
of duty, uphold the right and accom
plish the highest good. Ourcontem-
porary says further
Refore this decision was made the
press had all the liberty it needed for
protecting the rights of the people
and inveigliingagainst the encroach
ments of the judges upon those
rights. The liberty of the press was
in no danger before this decision and
has not been made any greater by it,
for it had all the libertv it was en
titled to before the decision was
The press had all the lilerty it
needed but this fact did not seem to
be established in the minds of some
persons. Was not the liberty of the
press endangered by Judge Purnell's
ruling? Suppose Editor Daniels had
paid the $ 2,000 fine instead of re
sisting it as he did, would not the
liberty of the press have been guaged
only by the ability of an editor to
pay the fines imposed upon him when
ever he criticised a Federal judge in a
manner not exactly to his liking?
We insist therefore that while Judge
Fritchard s decision did not make
the liberty of the press an- greater
as a matter of existing law, it did
make it securer by the finding of fact
and reversing Judge Purnell's rule,
Again we quote our contemporary
approvingly when it says
Neither now nor then should any
editor fear punishment for legitimate
and proper condemnation of the acts
of a judge or any other State or Fed
eral omcial.
And again the Gold Leaf savs
that only legitimate and proper con
demnation and criticism should be
made against any person, whether it
be private individual or public offi
cial abuse, vilification and a spirit
of intolerance and persecution never
If you want to pet up early and feel good
nil day take a Little Early Riser or two at
bed time. These famous little pills relax the
nerves, give quiet rest and refreshing sleep
with a gentle movement of the bowels about
breakfast time. W. II. Howell. Houston
Tex., says "Early Risers are the best pill
made for constipation, sit-h headache, billi
ousness.ete." For sale at Parkers Two Drug
There is of necessity no antagonism
between the State and the Federal
courts. If the Federal courts are a
necessary part of the governmental
machinery, and have a mission of
justice to perform, then they ought
to lie free from unjust and malicious
criticism. For whom are these United
States courts constituted and who
have interests in them? If they are
for the people generally, then" they
are entitled to proper respect, and
ought notto be referred to as though
they stood for foreigners and aliens
to the Commonwealth, as agencies
created to obstruct and destroy the
rightful operations of State laws.
Politics and partisanship ought to
be shut out of every court of justice.
It ought not to be thought of, much
less ought these influences to be em
ployed to effect the dispensation of
justice. Raleigh Times.
No necessity is good, but there
seems to be antagonism whether a
necessity of it or not, and some peo
ple believe Federal courts are re
sponsible for it in most cases. "Fed
eral interference" is a term too often
used, but it is not always without
State of Ohio, City of Toledo,
LrcAsCcrxTY. 88-
Frank J. Cheney makes oath that he is
senior partner of the firm of F. J. Cheney A
Co., doing business in the City of Toledo,
County and State aforesaid, and that said
firm will pay the sum of OXE HUNDRED
DOLLARS for each and every case of
Catarrh that cannot be cured by the use
of Hall's Catarrh Cire.
Sworn to before me and subscribed in my
presence, this Cth day of Dec. A. D., 188C.
t!r7 Notary Public
Hell's Catarrh Cure id taken internally,
and acta directly on the blood and mucous
surfaces of the system. Send for testimcuu
F. J. CHENEY & CO., Toledo, O.
Sold by all Druggist, 75c.
Hall's Family Pills are the beet.
In adverting to the contempt pro
ceedings against Editor Daniels last
week, the Gold Leaf said the action
of Judge Purnel! had a greater sig-
hiqtimi tian ita effort, iinnn a sinffle
lliuuuuw wit "J -""- f ' n I
newspaper. It was infinitely more far-
reaching. There was a great deal more
involved than the freedom of the (
News and Observer or the personal
iberty of its editor. Mr.Daniels him
self well expresses it in the following.
Writing while in custody, May 31st,
pending action on the writ sued out
in habeas corpus proceedings, he
This matter is far above any per
sonal one. It is comparatively a
small matter what becomes of me. It
is a vital matter whether the press
6hall be fcee. I have no right to im
pair the right of the editors today
and tomorrow to freely criticise pub
ic officials. If I paid this fine, it
would be a tacit acquiescence in that
doctrine that Jefferson fought to de
stroy when he secured the repeal of
the Sedition law.
It is mv duty to have this matter
settled by the highest court in the
land. Since the passage, in March,
1831. of section 725 of the Revised
Statutes, no Federal judge has the
right to punish an editor for any
criticism. Since its passage no Fed
eral judge in the United States has
attempted to punish Jin editor for
contempt because of such criticisms.
1 deny that lie has any such right,
and it is my duty to my profession
to fight to" the last ditch for the
preservation of the freedom of the
press. Therefore this matter will be
carried to the highest Appellate Court
If editors must crawl in dust before
Federal judges and make obeisance
to them and permit them to become
censors it must be so declared by the
Supreme Court of the United States.
Until that tribunal makes that deci
sion I will continue to exercise my
right and duty to freely criticise the
public action of any official.
1 believe that in taking this posi
tion I am serving the cause of free
dom, of right, of justice. I know that
I am led thereto by my conception of
the freedom guaranteed to the press
by the Constitution of the United
States, and the enlightened senti
ment of the Twentieth Century.
is aRHured by perfect digestion. Indigestion
swells the stomach and puffs it up against
the heart. This causes shortness of breath,
palpitation of the heart and general weak
ness. Kodol Dyspepsia Cure cures indiges
tion, relieves the stomach", takes the train off
the heart and restores it to a full performance"
of its function naturally. Kodol increase
the strength by enabling the stomach and
digestive organs to digest, assimilate and
appropriate to the blood and tissues all of
the food nutriment. Tones the stomach and
disgestive organs. For sale at Parker'e Two
Drug Steves.
Not a Free Medium.
New Berne Journal.
Hardly a mail comes to the Jour
nal office, but in it there is a letter
asking for publication of the "enclos
ed notice" of the claims of some can
didate for office, and correspondents
also send, in their news letters, sug
gested tickets which favor one or
more candidates.
To all of these, as well as iu the
personal and individual request for
notices for friends who are seeking
political recognition, the Journal
must say "don't" try it any more,
for this newspaper is not a free
medium for the promotion of the
interests of would-be office holders,
of those seeking public recognition,
which is always best secured through
the publicity of the press.
It looks very easy, and perhaps
natural to those not connectod with
the business, that a newspaper
should accept and publish the vari
ous notices sent it, but to the person
who has the newspaper, who must
paj', the costs, and these often go
beyond the mere type setting and
space used, for more -trouble can
spring from free notices than any
thing else. To the newspaper pro
prietor, this demand for the free
dom of his columns, is an exhibit of
nerve which is always astonishing,
but never amusing.
When a business man begins to
call his - stenographer his recording
angel his wife had better begin to
take notes out of his pocket. Wil
mington Star.
Liver Pills
That's what you need ; some
thing to cure your bilious
ness and give you a good
digestion. Ayer's Pills are
liver pills. They cure con
stipation and biliousness.
Gently laxative.
All drujtitists.
Want your !iioii-if;n lie or heard a Ix autifrl
brown or rich black ? TJhcn ue
j M CT. Or 0m6OI8T, Ot R. P. Hut, a CO.. Ham , N H.
The Painting Season Is Here.
We have a full line of Paints, Varnishes and
Hard Oils. Moure's Pure Housa Colors have
been sold here ior 20 years. No paints oyer
gave better satisfaction.
Lawn Mowers, Garden and Hard Plows, Re
frigerators, Ice Cream Freezers, Screen Doors,
and Poultry Wire.. Lare assortment of
Scissors, Razors, Pocket and Table Cutlery. We
sell these goods under positive guarantee. Any
article found not satisfactory will be replaced.
See our stock'of high grade Enameled Ware
dlue and white. Also grey stone and tinware.
Sole agency for the famous Majestic Steel
Ranges, Isaac E. Sheppard and Garland cook
ing stoves. The best made for the money.
Watkins Hardware Co.
Invention of a Greensboro flan Which
it fs Said Will Revolutionize the
The Greensboro Record tells of the
invention of a Greensboro man which
it is said will revolutionize the ice
making business. It says:
Undergoing a thorough test at the
Acme Mill Works at this place is a
new machine for making ice, the in
vention of S. S. Miles, of this place.
So far the test is perfect, and while
this one is a small affair, others of
proper size will soon be erected. Some
of the advantages claimed for the
new machine a re that the old machine
uses from 200 to 220 pounds pres
sure all the time, while the new ma
chine can freeze at a pressure of 45
pounds. The pressure in pounds
never exceeds the temperature of the
water; for cooling, the gas condenses
at 45 pounds pressure using well
water for cooling. The machine runs
cold without the help of a water
jacket and readily reduces brine to a
zero temperature. It is also stated
that ice can be made more cheaply
than the old way. The machine can
run for half a day with no attention,
other than putting in more water
and taking out the ice. No ammonia
is used in the process. Seven vats of
water containing enough lor
pounds of ice may be seen in the pro
cess of freezing. Mr. Miles has been
a resident of the city for about '12
months, having come here from Cin
cinnati, Ohio. He has made a study
of refrigeration for twelve years.
It is brewed of the Finest
Malt and Hops, and the
Purest of Water, by skill
ed brewers of the widest prac
tical and scientifical experience
and in the most up-to-date
equipped manner.
Analyzed by eminent authorities,
and pronounced by them to be pure
and wholesome.
Recommended by hkj-h medical
authorities as a tonic.
Our motto is: "Not how
cheap we can brew beer
but how good."
We solicit mail orders in packages
from two dozen pints up.
All corro.-pondence promptly at
tended to. Write us for souvenir
lead p encil.
The Virginia Brewing Go.,
Roanoke, Va.
III fcfE"-
The only food in which celery forms
It acts aamiraDiy ujajh m ucivuuj
Celery one of its principal ingredients, it helps to regulate the bowels;
digestive organs ana nas a uirect eiiect upon the kidneys. It s
Palatcblo nutritious Easy of Digestion
My signature
Dr. Price, the creator of Dr.
A 000k book containing 76
Prepared by PRICE
For Sale by ROBT. B. POWELL. cT6? Grocer.
000000000000000 000000000000000000000
1111 1 j 1 xp rr.
Have Their Teas and Coffees
All Fruits. Vegetables. Butter. Cheese. Eggs. Sak.usa.ge, (SLc, Daily in Our
Mammoth Refrigerator.
IIT"7 RBmlrmi
an important part its nourishing
ayaucm KLummenaca ror waiceiuiness, rneumatism ana neuralgia.
Price's Cream Baking Powder and Delicious Flavoring Extracts.
excellent receipts for using the Food mailed free to any address. 100
CEREAL FOOD GORIPAHY, Chicago, llllnob.
A Complete Stock at Correct
Prices With Fair Dealing
Makes Our Store the Store of
the People. Your patronage
Solicited. We Refund Honey
If You Are Not Satisfied.
What in the World Could Be Better?
A cozy corner, a quiet chat with just the right person, and a perfect cup of tea.
It is the tea that adds the finishing touch to the coziness, contentment, and enjoy
ment, but it must be good tea. Let us tell you something about
Chase & Sanborn's Package Teas.
They are the acme of purity. Carefully selected leaves, properly prepared,
packed as they should be, in pound and half-pound, air-iight leaded forms; which
prevents the escape of the delicate aroma that is their chief charm. This way
of packing insures to you freshness and quality. These teas come from noted
tea-gardens situated in high altitudes, which means everything in the production
of high grade tea. and as the plants are subject to constant care, pruning.
fertilizing, etc., yen will find no scraggy
the best leaver are selected and packed for Chase & Sanborn. In order
that all kinds cf tastes may be suited, the public has the choice of buying
either the Koh-i-noor, an English Ereakfast tea, mildly stimulating and
invigorating, or tne Orloff, which is noted for its delicate lilac flavor.
Then too, there Is the Orange Pekoe, an Indian and Ceylon tea
which is famous for its rich wine-like body. All these teas are
guaranteed by Chase & Sanborn's name and seal.
One pound makes over 200 cups.
Two Top Delivery Wagons a
The $ 1 .00 botU contains 24 timestb trial tire, which sells for 80 cents.
2L ?!
qualities of a marked character.
a restorative in debility of the
a tood not a medicine.
and Heady to Eat
coarse leaves among them. Only
in Bilk Also.
your ca.ll.
City Grocer.
Judze Pritchard Disposes of the Con.
tempt Case Against Editor Daniels
in Short Order Affair Between
Judge Peebles and the Robeson
Lawyers Settled The Contest for
Gubernatorial Honors Other News.
Gorman Xewh Hikkai-.j
Raleigh, N. C, June (J. U104. j
Well, that judicial pair of Ps did not
succeed in throwing anybody into 'ail
after all!
Another and bigger P of the II. S. Cir
cuit Court, towit: Judge Pritchard, jiut a
district court in ehort order after hirt
arrival here rnuay afternoon, and not
only released editor Daniels from the
enstodj, or companionship, of a deputy
Aiarsnai, out, aitcnargeti aim absolutely,
"win. out dnv" (as the lawyers sav) nnti
dismioovJ ;! ..-' nrninst him. on t!m
grouud that me editorial utterance
complained of by Jndge Purnell did not
constitute a case 01 contempt withm the
meaning 01 the statute.
Thereupon, editor Daniels vacated the
luxurious apartments at the New Yar-
boro hotel, in which be had been "inrnr.
cerated'' for three days, and returned to
the bosom of his family and friend.-
many of the latter turning out to rive
him an ovation, such as should 1h grati
fying to any man.
Kesult: Joe Daniels is today a "Ingger
man" than he ever was before in his life
and his friends owe Judge Purnell tt
vote of thanks. As for Judge Prin-hard.
he is now heralded as "the great l;U rn-
tor, and the iews una (scrT hnn
printed a big picture 01 him on itn first
page. Judge Purnell in the menu time
is said to be "feeling like thirty cents"
whatever that means.
And Judge Peebles fanned out. too,
when his superior officer called him to
the bat. Each of the three strikes wan
aimed at one or the other oftlie three
affidavit makers (Kerr. Carroll audi
Southerland) whom he had sentenced to
jail without giving them an opportunity
to show cause in court why they should
not be punished for contempt. That
omission was fatal in law to Judge
Peebles' action, and the habeas corpus
petitioners were discharged by Supreme
Court J ustice Connor.
The contempt case of Judge Peebles
vs. the Robeson county lawyers has nlxo
been settled, as a result of this hearing
before Justice Connor Justices Douulati
and Walker sitting with him at bin re
quest. These Judges handed down nn
opinion, soon after discharging Kerr.
et al, in which they made it clear that
they did not think that the action of the
lawyers in declining to prepare a calen
dar a matter for proceeding ngainHt
them for contempt of court. LouuhcI for
Judge Peebles and the lawyers then con
ferred and agreed upon a plan to put an
end X the case.
Counsel for the lawyers ncreed to
amend their answer by adding the word,
"or personal integrity, making the
sentence read: "The respondents deny
that it was their purpose, so far as they
then knew or now know, to reflect upon
the official character or jtersonnl intrtzri
ty of Judge R. D. Peebles or to brine
him into disrepute or contempt." Judge
Peebles very properly holds that thm
language "purges" the lawyers of all
contempt, and he stops the criminal pro
ceedings against them, bo the case w
dismissed, apparently to the satisfaetion
of both bench and bar.
The A. & N. C. Railroad is again re
stored to its officers and they are now in
possession of the property. When re
ceivers Meares and Mcliee intimated that
they would not recognize the order of
Governor Aycock to Supt. Dill to take
possession (after Chief Justice Fuller's
decision was rendered) the Governor
threatened to "call out the troops" and
wired Attorney Guion to take the sheriff
of Craven with him and take possession
by force if necessary. When shown that
prescription the 24 hours-old receivers
concluded to take their medicine quickly,
and vacated the offices of the railroad
The primaries held in this (Wake)
county Saturday, and in Raleigh Satur
day night, show that Stednian lieat
Glenn two to one in both city and coun
ty. In one city and two country pre
cincts Stedman received every vote. In
the city the vote was 438 for Stedman
and 249 for Glenn. Wake is entitled to
58 votes in the State Convention und
Stedman will g;t 25 or 21 of these. Win
ston for Lt. Governor will receive nenrlv
the whole vote of Wake, and Hoke for
Asso. Justice Supreme Court will get
about 30 of the 38. Railroad "mr.
Rogers will receive the entire 3M. Tur
ner received votes in many of the pre
cincts, but his strength lies in the f.it
that he is "second choice" of many deli
gates if it comes to that in a prolonged
contest or deadlock.
A large number of distinguished visi
tors (some from the North, who rnnie in
a special car) and a big crowd of North
Carolinians are in Durham attending
Trinity College commencement. The an
nual sermon preached yesterday by Dr.
Hyde. Presd't of iiowdoin College, was
a; magnificent one. Dr. Kilgo reeeived a
hearty welcome home from the General
Conference at Los Angeles, Calif., where
he made such a favorable impression by
his learned and eloquent address as fra
ternal messenger from the M. K. Church.
Sontb. An oil pot rait of the late I. K.
Avery is presented to the college by the
Alpha Tau Omega fraternity, of which
Mr. Avery was a member.
The selection of Mr. Robert M. Phillip
to succeed the late R. M. Furman a edi
tor of the Morning J'orf is a deserved,
compliment. Mr. Phillips has In-" at
tached to the staff of the l'tmi for two
or three years. He is an all-' round news
paper man filling with equal facility the
position of reporter, telegraph editor or
editorial writer. His genial manners
make him popular personally, and his
friends predict that he will prove a suc
cess in the new and elevated editorial
chair to which he has been called.
For eczema, pimples, dandruff and all tin
diseases, use Ilaacock's Liquid Salpbur
In such cases an scale eczema and nun
any nature, when the skin becom dry nnl
harsh, yon should use Hancsck'i Kulpbnr
Oiatosent in connection with the Lipill
feTTDpli' ationsof Hancock's Liquid julhur
will cure the worst cases of prkkly
For sale at The Eagle Pharmacy.
Week-End Summer Rate Tickets.
Commencing Hatarday, Jane 4th, the sea
board Air Line Railway will put on mtU mm
mer week-end tickets from IIenlei'i' to
PorUmontb, Old Point. Oeean View, t
ginia Beach and Cape Henry, atfl " f"r
the round trip.
Tickets good on trains leaving: HendTin
after 12 o'clock Friday night and befor 1
O'clock noon Sundays, good to return un!
Mondar night.
Z. P. SMITH, T. P. A. E. B.BUAb Y, An-ut-Raleigh,
N.C. Henderson. X ."
If judges expect the people to re
spect them and their courts tliej
should so act as to deserve that re
spect. The recent conduct of both
Judges Purnell and Peebles is looked
upon with contempt by all good peo-
pie of the State. Lexington
patch. .
Usui cock's MejaUsI SMlphnr should be
it. every home. It cures eczema, piinpl. lA"
ter, ringworms, dandruff, cuts, burns, oi
sores, dyphtheria. sore throat, and all M"0
and akin diseases. No home should be with
out it. Ask your druggists for a book
l.laid Salpkmr. For sale at The Fa

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