davidaulloa/AmericanStories huggingface dataset:
The daily morning journal and courier., 1896-09-08
vv5+a-r-af--tst st '--.s -s-=---4 TELEPHONE No. s2s.
Sample Mantel Tops.

A sweep of the entire lot of richly decorated cherry and oak Mantel Tops. Prices now often don't mean whole sale rates.
 Picture represents a very handsome Imitation Mahog- any Mantel Top, reduced from S34.75 to 24.5o. Here's more reductions
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-12-08

removed either the debt cannot be recovered
because the debtor be reached justice fail
else the administrator appointed in the jurisdiction which
the debtor the time of the decedents
allowed in the foreign Jurisdiction which
has without first obtaining letters there yet
authorities hold in the breath in which they
the rule in question: that this be DONE Se instance
Atty Gent BOu0ns, supra. is therefore held that ad
mnstraon be granted and suit brought wherever the
debtor may be at the time though in another jurisdiction
than that which he the time the
Psnney q. McGregOry 1O2 Mass. 1885,
So in the of specaes These by the rule care bona
nOdG where they the time of the creditors
suppose the debtor resides at that time in or subsequently,
another jurisdiction. Them if the the
rule s held the debtor be reached and Justice must
fail Cases of this kind naturally have often before
the courts But Whyte Rose, AID & ELL, N. S. 493, was
just such The decedent died in Nova Scotia spec
ay in Ireland and the debtor in England An admins
appointed in England and brought The
Court of Queens Bench in which the action brought gave
judgment for the defendant the ground that appoint
men of the administrator in England void for
that as stated IN the rule the specially was bona noabG In
Ireland But appeal the Court of Exchequer Chamber
reversed this judgment and held that administration might
be granted England brought where the
debtor was whether administration had been granted or not
in Ireland where the specially and that former
inconsistent that view This was the actual
decision of the England where the originated and
after elaborate by counsel both sides upon
Gus former bearing upon the subject.
So the of judgments which, by rule "are bona
noGbilia where the record isl is obvious that the rule
be the in respect of judgments respect of
speciatee and therefore, referring Whye Rose supra
If administration be granted and suit brought England
where the debtor upon speciality Ireland referring
the at BAR administration may be granted and
brought in Hawaii where the debtor is upon Judgment in
California The rule arbitrary and there
for holding its than another
rule itself places spea and judgments the footing
giving them stns of their from that of the debtor
apparently because from their somny they regarded to
things visible Cases of this kind upon udg
would be likely to be than similar
upon specialtes; but far know when they have
arisen they have been decided the way. Emery a.
Hidreth, Gray 228 suit in Massachusetts, by ad-
nistrato appointed there upon judgment obtained by
decedent during his lifetime in Missouri The defendant denied
the ucency of the appointment of the plaintiff admins
The court held: such debt estate to be admins
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-12-08
NJ. G. SILVA
APO Fort Street

ground upon sought probate
untenabe he could have been preudiced by being
allowed make the attack The question whether admin
be granted Judgment only where the record
may also be granted where the judgment debtor is if in
different jurisdiction from that where the record is!
The American most frequently cited this question:
Vaughn Barrett Vt $685. the rule thus: Judgments
bona nOtabG where the record is specales where they
are at the Tune Oh the creditors oecease ana simple
debtor resides Cases. all English cited in
port of each of these propositions The English
orally referred to for statement of the rule AHyGe o.
BOul0enS M & w. III puts it thus GAS to the locality of
many descriptions of effects household and movable goods for
instance there could be any pute but to
fctng Jurisdictions between different ordnare with respect
chooses action and titles property it established
that Judgment debts assets for the purposes of ur
diction Judgment recorded leases where the land
e speciality debts where the instrument happens to be- and
simple contract debts where the debtor resides at the tune OF the
estator's DEATH"
This rule has been repeatedly stated in text books and de
cons, but generally if always in substantially the ahrma
tive form above forth but the doctrine of ANUS
ersiO GIterius and the object conflicts
of jurisdiction it would to be plain Inference that the
of the rule namely that If admnstra
ton may be granted where the assets stated IN the rule
should be granted anywhere ee for instance where
the debtor happens to be at the time II IN another
and doubt this has very generally been considered proper
inference And for this feel that grounds tor
arriving different conclusion should be set forth at greater
length than would otherwise be necessary.
1t may be Observed in the first place. that the of the
rule necessary, although natural inference In the
second place, the rule itself is somewhat artificial and
adopted early practical rule for avoid
conflicts of jurisdiction and under such circumstances that
statement of the rule in the affirmative answered practical
purposes There little consider It's
But under recent conditions of freedom OF
in population and personal property have been Obliged
consider the of the rule number OF cases. and
have found that while the rule itself be unobectonaDle
far goes, its cannot be maintained without
resulting either in failure of justice conflict with an
other and nquestioned rule of law namely that an admin
such Jurisdiction other than that IN
which he appointed The courts have therefore declined
of the rule whether respect OF simple
contracts specialties or judgments.
Take for instance the of simple contract debts These
by the rule where the debtor resides at the time OF
Jurisdiction has been obtained suit
brought the Jurisdiction in which he when the deceden
died Them if the of the rule held that IS II ad
mnraton be granted in the jurisdiction into which
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-12-08
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
JUNE TERM, 1896.

JAMES A LOW, Administrator JOHN NJ HORNER.
EXCEPTIONS FROM CIRCUIT COURT, FIRST CIRCUIT
SUBMITTED JUNE 26, 1896 NOVEMBER 60 1896.
JUDD, CD. FREAR, j., CIRCUIT JUDGE PERRY
OF WHITING, j., DISQUALIFIED.
administration,
debtor another
administration be granted there also and the
action such judgment
OPINION COURT FREAR, J.
This action by the plaintiff Hawaiian administrator
with the will annexed of the of Thomas Newell deceased
upon Judgment recovered by the deceden in his life time
against defendant the State of California where the
decedent domced the time of his death The Circuit
Court tried the ea Jury waved and Tor the
plaintiff the of 81 1O9O2 and interest thereon from the
of the action and costs The here
defendants exceptions the final decision of the trial court
and all the findings OF and tact therein and to the over
ruling of which had been nterpOsed The
ruling of the demurrer appears have been correct and the
exception practically abandoned this
and further considered The only question raised
the exception the final decision and the findings therein
whether the appointment of the plaintiff administrator
void
Defendants contends that it afmativey appears
upon the face of the probate record that the only grounds
any, upon which the could did exercise jurisdiction
appointment of administrator the existence of the
unated Judgment obtained in California and the
Judgment debtor here that matter of law Judgment
for the purposes of only where the udg
men record is that say this California; and
that therefore the probate court here acted without
and that the appointment was VOID The 1al court ruled that
the probate could not be thus coater
ally attacked and this is the ruling that claimed to be
Considering the state the upon the subject of col
lateral attack of the circumstances of this
prefer the question whether the ruling of the trial
court concede to the defendant for
purpose of argument that erroneous in other words
that the appoinen of an administrator may be coaeray
attacked for want jurisdiction appearing upon the face of the
record also that which relied upon this showing
want of Jurisdiction does appear the face Of the record
and to decision the conclusion to which have
come that that which relied upon does show of
Jurisdiction This purely question of law and that
he decided by this although passed upon by the trial
court in order to show the ruling of the Circuit Court
was not preuica the defendant For the sole
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
CITY IN BRIEF.

The Y. w. C. T. U. meets at Miss
Carrie Folks, on Person street this
evening at $3.50 o'clock.
DIR. G. NJ. Bell yesterday qualified
as administrator of b. L. Strickland,
deceased, of Little River township.
The Waif Saving Circle of King,
Daughters viii meet at Miss Linehan's
this afternoon at five o'clock. Every
member earnestly requested to at
tend by order of the Leader, Mrs. W.
b. Kendricl..
Hon. William Jennings Bryan. Pres
idential candidate, will speak at Dur
ham and Raleigh, \. c.. on Sept. II,
and at Goldsboro on the 18th. To give
all who desire to hear him an oppor-
tunity. the Southern railway will
place on sale tickets from all stations
at one fare for round trip.
All who have promised to assist in
furnishing the headquarters of the W.
G.. e. u. are requested to send their
contributions this morning between
10 and / O'Clock to the room on the cor
nj of Morgan and Wilmington streets,
forinerly occupied by the King :
Daughters as a mission room.
Invitations have ben received here for
the marriage of Miss Ella Blanche
Adams, OF Clayton, TO Mr.. William h.
Brewer of Raleigh. The happy event
will be celebrated in the Methodist
church a.. Clayton, at o'clock p. M,
= September 18th. The invitations an
noGnce that Mr.. and Mrs. Brewer will
be at home September 22nd, at 603
Hillsboro street, Raleigh.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
DEAF. DUMB AND BLIND.
The State Institutions for the Care OF
These Unfortunates Opened Yes
terday.

The State Institutions for the Care of
These Unfortunates Opened Yes
terday.
All the trains that passed through
Yesterday were crowded with the deaf,
the dumb and the blind. On some
trains that arrived here there were
entire cars full of these unfortunates.
The Institution for the Deaf, the
Dumb and the Blind, in this city,
opened yesterday, with prospects for
the most successful year in its histo-
nv. Mr.. w. J. Young, assistant super
intendent is in charge. He was busy
all day yesterday, meeting the incom-
ing students, and arranging all the
details for the opening.
The colored Institution also opened
Yesterday, with a fine attendance.
The trains going west were filled
with deaf mutes, on their way to Nor
canton, where the State school for the
Deaf and Dumb opens to-day. The
large and handsome building has been
entirely completed and is one of the
best buildings of the kind in the coun-
try. Mr.. John Miller, who is so pop
ular here, passe through on his way
to Morganton. Miss Mamie Fleming,
who is a member of the faculty of the
school, left for Morganton yesterday
afternoon.
Mr.. John e. Ray, the new principal
of the d. d. and b. Institution, has
signified his formal acceptance of the
position and will be here October LIST
to take charge. He will move his
family to Raleigh some time this
month
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
PERSONALS.

Mr. " o. Parker passed through the
city yesterday on his way to Morehead
City, having been elected principal of
the Atlantic Institute. Mr.. Parker
graduated at Wake Forest College in
June, and was considered one of the
brightest members of his class. The
friends of the Institute may congrat-
ulate themselves on securing his SER
vices.
Mr.. and Mrs. T. B. Arenden and
children returned yesterday to the
~city. Mrs. Arendell has been visiting
in Salisbury, while Mr.. Arendell has
been reporting the joint canvass be-
tween Watson and Guthrie.
Mr.. and Mrs. James Massenburg, of
Henderson, are in the city.
Mr.. w. Henry King returned yester-
day from a pleasant trip to Baltimore.
Rev. William Walker left yesterday
for Boston, where he will visit his
brother.
Senator Pritchard, j. A. Cheek and
Chester g. Turner, Esq, of Orange, and
State Printer NJ /. Stewart, of Win
ston, left on the west-bound train
yesterday afternoon.
Mr.. Ernest Haywood and Mr.. f. IL.
sE8asbee returned yesterday from trip
to the eastern part of the State on
legal business.
Mr.. A. G. Bauer, the@architect, re-
turned yesterday from trip to Dur
ham.
Mr.. Joel D. Whitaker, Jr., left yes
terday for Hillsboro.
Rev. Mr.. Smith returned Yesterday
10 his home in Scotland Neck.
Mr.. James Z. Young, of Henderson,
eyI1r 5eff - -,
tee for this Congressional district, was
here yesterday, but returned home in
the afternoon.
Dir. j. S. Wynne and sons, Robert
and William, and Mr.. W. B. Hutch
ings left yesterday morning for trip
10 New York. They take the outside
route" via Norfolk and the ''Old Domin-
ion" steamers.
DIR. Charles Meserve, president of
ssSRsaw University, left for Boston and
a. trip through the New England States
Yesterday
AIR. Thomas Mickey, a great favorite
in Raleigh, was here yesterday.
Judge Connor returned yesterday to
his home in Wilson.
Capt. S. f. Tomlinson, of Durham,
spent yesterday in the city.
Mrs. NJ. T.. Harris, who has been
visiting her son, Mr.. Ell. Harris, left yes
terday for her home in Franlinton.
Mrs. j. NJ. Wyatt, of Durham, is
visiting friends in the city.
Miss Maude johnson, who has been
the guest of Mrs. c.. G. Gardner, re-
Hurned home yesterday.
Mrs. Cornelia Bailey has returned
from a visit to Durham.
Mr.. James r. LeGrand, of Rocking
ham, is in the city.
Miss Dora ID. Jones, of Mount YER
non Institute, Washington, ID. c., who
mas been here visiting her brother, Mr..
Garland Jones, and her sister, Mrs.
Williams, went yesterday to Green's
3 boro.
Miss Bette Parker and Miss Laura
Aston. of Warrenton, are the guests
Oh Mrs. Elias Carr, at the executive
mansion.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
SMALLEST OF THE INSANE.
A Tiny Bit of Colored Girl Who Has
Gone Crazy.

A Tiny Bit of Colored Girl Who Has
Gone Crazy.
The queerest and finest patient
that was ever sent from Wake county
to an insane asylum was carried to the
Eastern Asylum at Goldsboro yester-
day.
ia Scott. only fourteen years old. As
she stood beside the deputy who had
her in charge, she looked almost like
baby. She measures only about three
and half feet in height. But her
mind is as badly deranged as If she
were full sized.
Deputy Rowland carried her to
G;oldsboro.
There Is @another patient in that
Asylum just about Amanda's size. DR..
J. f. Miller, the superintendent, says
he viii have to make two cradles for
he diminutige pair.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
BJCKLEN,s ARNICA sALyE.

The best salve in the world for Cuts,
Bruises, Sores, Ulcers, Salt Rheum,
Fever Sores, letter, Chapped Hands,
Childblains, Corns, and all Skin Erup-
lions, and positively cures Piles, or no
pay required. 1t is guaranteed to give
perfect satisfaction or money refund
ed. Price % cents per box. For sale
By John Y. McRae. y
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
RheumaCide

Is now on sale with leading drug
gists from Baltimore to Atlanta,
and as far west as st. Louis, Mo-,
where the largest wholesale drug
house in the world has just ordered
a supply to fill orders from western
retail druggists. The fact That the
medicine has gained such a wide
sale in a few months, with a COM
n8ratiyely small amount of adver-
Using. is the best proof that it
is the best compound known.
Dealers can buy RHEUMACIDE
from any reputable wholesale drug
house.
Manufactured only by the Bobbitt
Drug Company, Raleigh, N. G.
Ask your nearest druggist for II
and if he has not got it in stock, we
win fill your order. Price $1.0O
per bottle; six for $500.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
GOOD SHOW. SAYS LEATH.

Manager Thos. G. Leath, of the Mo-
Fart Academy of Music, telegraphs
Manager Meares: THE Other Mans
Wife openad its engagement here to-
night with 4 big house. First-class
in every respect The Academy is the
leading theatre in Richmond.
"The Other Mans Wife" will explain
matters at the Academy of Music here
Friday night.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
RATES CUT FIFTY PER CENT.

Special Agent H. S. Leard yesterday
received notice of a fifty per cent. cut
in freight rates by the Seaboard Air
Line from Baltimore, Washington and
Alexandria, to take effect at once.
1t is said that the Southern and At
lantic Coast Line viii meet the cut.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
THE WEATHER.

Forecast for Thursday United
States Weather Bureau ISSUES the fol-
lowing forecast for the next twenty
-four hours:
For North Carolina.-Fair; variable
winds. -s
Yesterday: Maximum temperature
81: minimum temperature, Sc.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
POSITION WANTED.

By intelligent and well educated
stenographer and book-keeper. First
class correspondent and typewriter.
Habits unexceptionable. Correspon-
dence invited. Address Box 176. Hen
derson, N. G.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10

This is to certify that / have this
the Sth day of September, 1896, receiv-
ed of Rev. G. I'll. King balance due,
which is full payment for work done
on his house by me and my sons, and
William and Sherman Haywood.
NJ UPPERNfAN.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
POSITION WANTED

By Music Teacher. A pupil of Greensboro
Female College and Charlotte Con seTvatoTy
of Music desires q position as teacher OF
Vocal and Instrumental Music in some
school or college. Best Of references fur
nished. For fun Their IL formation apply to
office of News and Observer (E. M
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
RoYsTER'S CANDY.

We are exce11ed by none In variety,
quality, style OF package. All the
popular varieties are embraced in the
assortment.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
For SALE.

Second hand baby carriage, in good
repair. a bargain Address,
G. s. W.,
Care News and Observer.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
WANTED.

To borrow $4,000 on city real. estate.
Address "a G.. b.
Care News and Observer.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
DANCE: r!

Many people give but little heed to
the first attacks made by rheuma-
tism. Unless the pain is very severe
they argue that it will be time
enough to look for cure when the
trouble grows worse. Thus fear
full mistake is made. A small
quantity of water will put out a
house on fire while the blaze is
small. But after it is nearly con-
sumed it is too late, even with an
abundance of water.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10

Mrs. r. L. Hervey, at Is Cabarrus
street near corner Fayetteville street,
has nice rooms to rent, or will board
occupants All modern conveniences.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
IN SEASON !

Now is the time to SOW Glover, Field
and Ornamental Grass Seeds.
We have a first-c1ass stock of Red
and Crimson Clover Seed, Orchard
Grass and Timothy Seed. Extra fancy
Blue Grass Seed for Lawns and Orna-
mental enclosures.
Extra nice lot of Southampton Hams,
Ferris Hams, Breakfast Strip, Broiling
Beef and Tongues. Star Reliable"
Indiana" and other brands of Hams
We are retailing sailed waters at
12Rc. per pound, same gods as sold in
tins at 25c.
Stuffed Mangoes, two years old, the
finest pickle we have ever tasted. PIN
Money" pickles, Sour pickles, Sweet
pickles.
Lucca Olive Oil, 1s gallon tins, quart
tins, 1s pint glasses.
Finest Spanish Olives, in 70 gallons.
quarts, pints and half pints, in 5-gallor
kegs or by measure, SOC. quart, 81
per gallon.
We will receive this week Kalamazoo
Celery, Cape Cod CranberFies, Bartlett
Pears, Delaware, Niagara and other
Grapes, New York Pippins and other
fruit.
To keep the best, the very best Flour.
Butter, Coffee and Tea, is of first inn
portance with US. We have also first
class stock, which we would be pleased
to sell you, guaranteeing the goods and
their prompt delivery.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
RheumaCide

Will cure the disease by purifying
the blood and driving the poison
GUS acid from the system. Persons
afflicted for years have been cured
and we have letters testifying to
this fact. But don't delay such q
serious matter.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
BUSINESS ITEMS

Subscribers to Telephone Exchange
viii please add to their list the follow
ing new names: Mrs. w. It. Niece,
residence, 1913; T. f. Bush, residence,
164.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
Dividends Did II
OFFICE OF THE
EQUITABLE NATIONAL BANK,

Cincinnati, Jan. 9, 1894
Hon. John M.Pattison, PresidentUnion
Central Life Insurance Co, Cincin-
natl, Ohio.
DEAR SIR:-I take pleasure in ac-
knowledging receipt this day through
E. w. Jewell, your General Agent in
this city, of SIC, 327.68, in payment of
policy No. 1928 in your company.
/ wish to express to you my hearty
thanks. My policy was for $4,000,
and ON your Life Rate Endowment
Plan / paid you but the Ordinary Life
Premium, just the same as / would
have paid any of the other leading
companies for a policy to be paid only
at death, and yet your profits have
been so large that in little over %
years it has matured for an amount
over the $4,000, and thus / have an
Endowment Policy of Ordinary Life
Rates.
/ am greatly pleased at my good for
tune. No other company known to me
gives such a contract, or secures such
results. / carry policies in number
of the leading companies, but have
none whose results compare with this.
/ am glad that my own city of Gin
cinnati is the home of such an institu-
ton as the Union Central Life Insur-
ance Company, and as citizen I am
proud of it. / ann,
Yours respectfully,
GEORGE FISHER.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
VIII. or. S. TUCKER AGO
NEW SHOES
Men and Women. Boys and Girls.
FALL 1896.
Just Arrived.

Johnston & Murphys celebrated hand
made shoes for men.
The j and M handmade shoes for
men are justly celebrated as the highest
grade mems shoes manufactured, in fact
these - and n handmade shoes excel
the best custom work ever made.
The styles are the correct shapes,
newest toes for this seasons wear. We
have them made in patent leather, French
calf and imported CordOvan, and in Rus
sia calf in the ewest shades Of dark
wine and chocolate.
Just arrived: Laird, ShOber & Co.'S
celebrate handmade shoes for ladies,
misses and children
Every recognizes
shapes absolutely be
w. H. & r. S. TUCKER & CO.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10

sAIE SMEN understanding cigar business
- desirfng employment answer. Goods
sold by sample on credit. Good pay, ex'
nenses. exclusive territory assured to prop
en- applicant. Address p. o. Box 42o. n.
city.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10
NEW ADVERTISEMENTS.

w. f. Jones-People in this Commu-
nifty. c.,-
Stoves.
G.. NJ. Bell-Notice.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-10

For the cost of a policy on your life
like the above, address
CAREY j. HUNTER,
Superintendent for Virginia and
North Carolina, Raleigh, N. G.