davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
COURT DECISIONS.
Notes of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY W. B. MARTIN,
Exclusively for virginian-Pilot.)
FIRST n. BANK, &C, V. ANDERSON.
Supreme Court of the United States.
January 2S 1899.

II l. ~
Supreme Court of the United States.
January %, 1899.
4 NATIONAL BANK WHICH PUR-
CHASES NOTES THAT II HOLDS
AT COLLATERAL, WHEN IT HAS
BEEN DIRECTED TO SELL THEM
TO a THIRD PERSON, IS LIABLE
FOR THEIR VALUE AS FOR ~
CONVERSION. EVEN THOUGH IT
WAS NOT WITHIN IT'S POWER TO
SELL THEM AS THE OWNERS
AGENT.
This as an action brought by Andcr-
son against the First National Bank of
Grand Forks, North Dakota, to re-
cover the balance of the value OF GER
tain notes belonging 10 Anderson
which he alleged the bank had CON
Verted. The notes were for $1,000. were
secured by mortgage, and had been
endorsed. ana the mortgage assigned
10 the bank as collateral security for a
loan of $1,000, and Anderson had au-
thorizod the bank 10 sell the notes to
Il third person. take up the loan, and
remit the balance Instead OF doing
inns the bank, as Anderson claimed
mad undertaken TO purchase tho notes
itself, and had not accounted for theIr
value The cause was tried four times
ana each time carried to the supreme
Court of North Dakota. On the fourth
appeal judgment was affirmed in ia
Vor of Anderson, ana the bank APP
pcalcd.
The court says;
~ exceptions 10 the admission OF GER
tam testimony. and by the assignment
OF errors in the supreme court plain-
l. frt ~,
nc statutes of the United States. IN
respect of National Banks, il; was not
within its power to become the agent
OF defendant in error to sell the notes
IN question TO n third person. and not
within the power OF its cashier. who
conducted the transaction. to bind the
Dank by such contract of agency. On
the third appeal the supreme court
ruled that when n national bank holds
notes of its debtor as collateral to his
indebtedness to the bank. it may law
iuiiy act as agent for him in the sale
agency being merely incidental to the
exercise OF its conceded power 10 col
iect the claim out OF such collateral
notes. But further that even though
me act of agency was ultra wives, vet if
me bank. instead OF selling the notes
TO Il third person, had. without the
owners knowledge sold them to itself.
IL would be guilty of conversion, and
could be held responsible therefor. AS
TO the cashier, the court held that on
the plendings and fncts in the case his
act was the act of the bank. Here, the
bank was found to have itself pur-
chased notes which the owner had au-
thori1ed 1t to sell to = third party. and
on general principles of law 1t was held
liable for their value rs for n CONVEX
sion. even though it was not within
its powers to sell them as the owners
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
rIousei,ola Good. n, Auc,,on

David Notes & Co. auctionecrs. No.
% Commercial Place, viii have two
sales to-day at their place of business.
AT 10 O'Clock this morning they will
dispose OF large lot of Household fur
nlture Tor party declining house
Keeping. At 1850 H. IN. they VIII sell
a lot OF mating. oilcloth and lnolcum.
Ladies will consult their interests by
attending these sales.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
kCIiCrIn Six EIOurs.

Distressing Kidney and Bladder dis
ease relieved in six hours by New
Great South American Kidney Cure"
1t Is great surprise on account OF its
exceeding promptness in relieving pain
in bladder. kidneys and back. in male
or female Relieves retention of water
almost Immediately. II YOU want
quick relief and cure this is the rem
edy. Sold by Wake e Martin. drug
glsts, los Water street. Norfolk. Va.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
*,
Rutgers College.
EXAMINATIONS AND CERTIFI
GATES

At the end of the term OF seventee n
weeks, n series of questions On cao h
course. prepared by Professor Seymour
Eaton, will be published i'll the Vir-
glnian-Pilot, and blanks containing the
questions will be furnished every sub
scriber making application fc- same.
Two weeks will be allowed after the
courses close. for the receipt of exami.
nation papers containing answers
These papers Will be referred TO ii
Board OF Examiners. who will assist
Professor Eaton, and as soon as the
work OF examination is ouompiete. the
result will be reported, and certificates
issued TO the students entitled 10 them.
Trouser may be your only spring
need. The variety of our line|-ill
make the problem easy.
RUDOLPH * WALLACE.
333 Main street.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
THE VIRG|XIAN-P|LOT'S
HOME STUDY CIRCLE
Continued from Fourth Page.>

belongs in the front rank fart and
counted upon the fingers of one hand.
Their names have been given once be-
fore, but let us repeat them, since the
new generation is always asking the
names of the great painters-they are
Rembrandt, Rubens, Titan, Velasquez.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08


This was an action by an admins
TRAITOR for damages for the death OF
his intestate. The defendant demurred
and the lower court sustained the de-
murrer and plaintiff appealed.
The petition alleged that the defend
ant is Il corporation and had for Il long
time operated Il wre-nail and barb
wire plant; that said plant was run by
water power, and that the power is
transmitted TO said wire mill by GER
tain shaft that the shafting
and connections and attachments are
open and exposed, and in no manner
covered or inclosed. That Howell, a
boy ii years of age, was fishing and
playing near to and under the shaft,
and in attempting to climb upon a lad
der built by the defendant to the tim
bers on either side of the shaft was
caught by screw, whirled around and
killed 1t further alleged that the
company knew the place was attrac-
tive to children and that they were in
the habit of resortng there and climb
Ing upon the timbers supporting the
shaft. and that the company knew the
machinery was unsafe and dangerous
The court says:
The question is whether the amended
petition states facts sufficient to con-
stitute Il cause of action All the al
legations of the petition being admitted
together with such facts as are pro-
perry inferable from the language used,
we are unable TO perceive that they de-
mand the application Of any different
rule than that heretofore adopted and
adhered to by this court in cases sub
stanualiy similar. The structure erect
Gu anG maintained By the wire COM
pany was Of such a nature as to be at
Iractive to children. especially TO boys.
- was situated in a place about which
boys and men congregated for The mr.
pose OF amusement, and BOYS were in
the habit of climbing about on the tim
oers mat supported the shaft, for the
purpose OF fishing and playing of which
fact the wire company had actual no
tee. The case of Price V. Water. Com
pahy. oS Kan. SOL, is an authority di-
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08


Dr. Greene m ms nervous and chronic diseases would do good
upon nm
ro ] aavee are absoc the Doctor will be
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08

THE MAINTENANCE OF DANGER
GUS MACHINERY ON PRIVATE
GROUNDS. UNPROTECTED FROM
T1ESPASSING CHILDREN,
MAKES THE OWNER. WHO
KNOWS THAT CHILDREN ARE
ACCUSTOMED TO CLINE UPON
THE SAME, LIABLE FOR THE
DEATH OF 4 CHILD KILLED BY
SUCH MACHINERY.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
light Weight
PiqueS.

Every buyer does not want
the heavy, or even ordinary
weight. We show we'll de-
fined cords at Is cents the
yard, and in light weights.
A novelty is Dimity, with a
sort of Inserting to add to its
usual beauty. 20.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
MRS. ELISE G.. STAUB.

The obseQuies OF Mrs. Elise G. Staub.
widow of Mr.. Lewis w. Staub, who died
ut the home of her SON law, Mr.. VIM.
III. Finck, corner of Cranky and High
streets. Thursday, were held from the
residence Mt IL o'clock yesterday morn
ing. The services were conducted by
Rev. j. Il. Shenk, of the First Lutheran
Church. and the lntermcnt was in Elm
wood Cemetery.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
Hosiery
II ak.

We sell the reputable sorts.
10 cent II buy Children's
Ribbed - Fast color "a that
WEAR. 12A obtains the best
we've managed to find at such
4 price. 10 secures a fine
ribbed of much excellence.
Truth is, Is would be fair.
And at 3 such a line is exhib-
tied as converts conviction of
intrinsic value into willing
buying.
Now for Ladies' goods:
1Oc. for a Fast Black.
121l for such number as
bears comparison with the best
at 121l. A thing for which
we pay a liberal price, that you
may get bigneSS of value.
At 20 a beautiful specimen
with High Spliced Heel, Dou-
bic Sole, and HermSdorf dyed.
IS buys a beauty.
High Spliced Heel, Double
Sole, Spliced Sewage and
guaranteed real Maco Yarn.
Light Weight, also.
Popular Polka Dots-25.
Isle Thread with colored
tops-25.
Other sorts at higher figures.
Half Hose for the men and
Socks for the babies.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
a Nursing
Corset

as low as SO. A very much
better 100. The R. & Ct. ag-
gregation has been largely re-
lntorced, and from them you
may get suggestions of com
portable elegance and service.
If not an r. & q. you find
a wealth of genuine worth and
comfort in the other brands
carried.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
DEATHS AND FUNERALS.
MRS. MARY s. ABDELL.

The venerable Mrs. Mary 3. Abder.
relict Of Mr.. w. II. Abdeil. ana moth
err of Mrs. NJ. S. Hodges. departed this
life at the home of her daughter, No.
II Cumberland street. at 1l:l5 o'clock
yesterday morning. after painful and
protractcd illness, in the 13d year Of
her age. The funeral will be held from
the residence Sunday afternoon at 3
N
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08

BlGGs V. CONSOLIDATED b. w. co.
Supreme Court OF Kansas,
Hcbrurrv 1900
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
Yard Wide
Cambria at 81.

The s cent kind. Has sold,
freely, bat there vet remains
enough for some days average
selling. You'll be wise if you
take time by the forelock.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08
FEEL ALL RUN down.
The Greatest Tonic, Restorative and In
vIgOratOr in The World is
Or. GreeRe's Nerv.ra,
You Will End Dr.. GreeneS Neryura Blood and Nerve
Remedy the Best of All Spring Medicines.

Inns describes just how YOU {,
fatigued, you lie awake nights
and get up mornings more tired
than when you went to bed.
You perhaps are bilious, have
spring debility. headaches, dys-
pcpsia, neuralgia and the blues.
If you have all or any of these
symptoms your nerves and
blood are out of order. DIR.
Greene's Nervura blood and
nerve remedy is the medicine
that exactly suits your case and
you should take it without de-
lay. DIR. Greene is the leading
specialist in diseases of the S
nerves and blood, and DR.. \
Greene's Nervura is the cvo- |
luton of many years of study |
and experience. Modern life
has its penalties as we'll rs It's
pleasures, and DR.. Grecne's
Ncrvura is the natural restorer
OF impaired vitality. New life,
new hope and new activity and
usefulness have been achieved
by thousands OF dcspairing suf-
ferers through the magic iniiu-
once of this matchlcss remedy.
MIR. f. =. Dcarth, Woodsville,
N. H., says:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-08

Nhont year and a hall ago I VIC Ia,
nNen sick aud WAS aiiix, Tor lon.-
Tune. had i stomach trouble and WAS
net 3olc To work much for about 4 vrlr.
employed doctor tor i year, who did no
Seem 10 hit my case. was weak aud IN
Ssnshies' ehcfiion wearied me. heard q
~. NiSche NcNutd blood ana nerve rem,
edy and o: the wonderful results on o,hr,
people, and | resolved 10 Try it, and ftor
re results can say nothing hut good to-
=. have not been as well in wears as I nm
slnCc t2kin. Dr. lIrccne,s Nror....., \.
Tombstone prospector., 1899-08-05
TOMBSTONE, ARIZONA
PROBATE NOTICE.

In the Probste Court. County of Cochise. Territory of Arizona.
 In the matter or the estate of W. Ii. Weeks. deceascd-
 Notice is hereby given that the Administrator of the above named estate has filed his petition praying for an ordc- 10 sell the property belong appearing so the court that it is necessary that the same be sold, for the purposes and reasons set feTth in said petition,
 Therefor. ordered that said petition. be heard on Monday. the I4th day of August, 1Sqo. at o'clock p. m. al the court room of q is court. and that all persons interested in this estate then and there show case why an crccr should no; be granted to the administrator to sell ,he real property. That this notice and order be published for at least once week for four con secGtive weeks in THE TOMBSTONE PRosPrc- TOR. newspapc- published and circulated in sad county. before the said return day Of this petition.
 Said real property is described as follows,
 The NE x Of Sec, 8 in Township Is S, of Range 20 east of Gila and Salt River meridian containing I6o acres.
 The Fast 4 of the NV H. and North E of the SW 7 ot Sec. :, in Township I6. South of Range 20. East ot 6iia and Salt River meridian. containing I6oi acres.
 The N H of the SW x ef the Sw K ef Sec 5 The \ Iz oi the SEE H and the NE x of the SEE x cf Sec. 6. Township, I6 South of Range 20 East of Gila and Salt River meridion third interest in the Dunbar ard Calkins Ditch. or otherwise known as the Tres Alamos Ditch. Dated this I4ik, day cf July ISSo.
 W F.BRADiEY.
 IyI5-. Probate Judge
Tombstone prospector., 1899-08-05
NOTICE OF.FORFEITURE

THE ESTATE OF l. D. Smi;h. HEIRS OR ASSIGNS.
 You are hereby notified by the undersigned. your co-ovner in the Golden Age and Colsarcia mines situated in the Apache Pass Mining Dis trict, near old Fort Bowie. Cochise county, Arizona. tiiat have expended the sum of on, hundred dollars on each of the above mining claims in the performance of the annual work fer the year 1898. required by fhe laws of Congress to b annually performed upon such claims tc hold the same. Ycu have failed to contribute your portion of said expenditures required b, Section 23a4 of the Revised Stqtutes of the United States 10 te made npon said claims fol the year 1898. The sum due from you 10 un- dersigned your co-owner in said mining claims, as your proportion of the moneys expendei by me upon said cl iim as above set forth is, SEQ co on each. making the sum of sIoo co. for which you aIe delinquent at the date of this notice, together with the cost of this advertisement.
 And flu th:r. also. ycu are hereby notified fl you should fail or refuse 10 contribu'e your pro portion Of the above expenditure within ninety days after tbe publication of this notice at least once a week for ninety Gays in this newspaper your interest in the Golden Age and Coigarda mining claims will become ;he property of your co-owner, the undersigned. whose address is San Simon. Cochise county. Arizona.
 C. F. GARENER.
 Datei May. Is'. Iaco M-a
Tombstone prospector., 1899-08-05
PROBATE NOTICE.

In the Probate court. county of Coohisc. Terri tory of Arizona.
 IN THE MATTER OF THE ESTATE OF Louis Duyin. deceased.
 Pubic notice is hereby given that in pursuant of an order of the Probate Court of the County of Coehise. Territory of Arizona. made on the goth. day of May. 1899. in the mater of the estate of Louis Duva.l, ieceased. the under signed. the administrator Of said state. will sell al private sale, on or after the 2Srd. day of May I3oq. 10 the highest and best bidder. for cash. and subject 10 the confirmation of said Probate Court. the following described realestate to-wit: the s E of the NV \. and the " E cfthe SWH Of Secticn in Township 27 South of Range 26 East of Gila and >al; River meridian m Arizona Territory. and siiGetei in Sulphur Spring Vaiify about 25 miles in the south cls:e7y direction from the City of Tombstone, s1id e. rtY. together with the appurtenances. Bids or Cffers mus, be made in vii, ng and will be received at the office of the undersigned in the City Of Tombstone. sad conn,y.,
 The undersigned reserves the right 10 reject any and al bids or cfeTs. if deemed fo. ,he best interests of said estate.
 F. E. AUSTIN.
 Administrator. Dated May 23:h. .Iae9. Mag
Tombstone prospector., 1899-08-05
CITY AND COUNTY OFFICIAL PAPER
FREE COINAGE 10 tOl.

Wanted-An editor, who can read write and argue politics. and ct the came time be religious. funny, scien- tific and historical ss we'll write to please everybody; know sll that is going on without seeing or being told i; also having something good to cay about somebody else: live on the wind and make more money than his enemies. For such . man Q good opening will be made in the-grsvs. Light.
Tombstone prospector., 1899-08-05
NOTICE.

Notice is hereby given that inc undersigned is the ON ner of certain piomis,hy note si'en ny Harry Clifford to Iohn Summers. fer Sixty dollars. dated oa the day of seeS: and that ih said note has Teen lost or mislaid and cannot be founo; ,ha, the sane has never been ns'ered or endorsed by me 10 a'y person. All persons are therefore notified that any at tempted transfer or sale of the sane withou, my order will be void.
 JOHN SUMMERS. Owner. Dated Iinee I5eos
Tombstone prospector., 1899-08-05
NOTICE,

All p-rsons vC' kirg On or furnishing su, plies for the Humboldt. Highland. Chance. Mamie. Iron and May mines. lncvn as the Mccormick group of mines. are lereby notified that the owner Of the aloye property holds himself and property free ofs any and all debts contracted thereon. Said mine is situated in Turqaois mining dis;ric, o; Coch:se Co. and is nov under bcnd to O. B. iiaIGy and !. W Young, IT., thc bend Io TUT cre year rom March. Ist. 1899
 PoEERT McCoRMICK.
 Tombstone, Ariz. Dated March 50. 1859.
Tombstone prospector., 1899-08-05
This Is Your Opportunity.

On receipt of ten cents, c=sh or stamps, 2 gepssous sample will ba mailed of the most pcpuiar CataTh and Hay Fever Cure (Ely's Cream Balm) sufficient to demon. straie the great merits of the remedy.
 ELY BROTHERS,
 56 Warren St., New York City. Rev. John Reid. Jr., of Great Falls, Ifont., recommended Ely's Cream Balm to me. I can emphasize his statement, ''It is posi- tive cure for catarrh if used as directed."- Rev. Francis " roo,e. Pastor Central Pres. Chur,h, Helena, GoDt.
 E1y's Crean, Da,n is the acknowledged cure for catan.h and contains no mercury GOT any injVrion1 drug r:=:e. 90 centA
Tombstone prospector., 1899-08-05

plaintiff.
 vs. GEO. II. FITS. C. B. FARRELL AND F. Cariegato.
 defendants.
 Action brought in the Dis,rctC Court Of the frs; judicial disuic; O. the Territory Of Arizona in and for the County oi Cochise. and the com plainr filed in the said County of Ccchise in the office of the Clerk of said District Court The Territory of Arizona sends greeting tc Geo. II. Fius. (, B. Tarbell and F. Carlevato You are hereby required 10 appear in an action troueht against you by The above named plairtifi in the District Court of the first judicial district of the Territory of Arizona in sad for the County of Cochise, and to snsSsr the oCmI laint fled therein. within ter days jexclusiYc Of the day of service) after the service on you cf this snmmons, tf served with in this county or if served out O. this county, bu, in tLis district. within twenty days; otherwise with thirty cays:l or judgment by default vii be Ia zen agains; you according 10 the prayer of said complaint
 Given under my hand and the seal Of the Dis trict Court oi ,Le First Judicial District of ,he Te-riicry of Arizona in and for ,he county ci Coch SC. this first day of June, m the yea, of our Lord enc thousand eight hundred ano ninety nine.
 SEAL A H. EMANUEL Je6-u Clerk
Tombstone prospector., 1899-08-05
NOTICE TO CREDITORS.

In ihe Probate Court. County of Cochise. Tc. ritory Of Arizona.
 Estate of Wm E. A, Tobler, deceased. Notice is hereby given by the under signed. administrator of the estate of Wm F. A. Tobler deceased to the creditors of, and all persons hay. ing claims against the said deceased. so exhibit them with the necessary vouchers. within four months after the first publication of this notice, 10 the said Administrator at Ft Huach lca post ofiicc. the same the being the place for the transaction Of the business of said esta,e in saic County of Cochise.
 G. I. PETESON, Acminis,ra;or of the Estate of Wm E. A. Tob- Ter. deceased.
 Dated June 5, 1899 je-5
Tombstone prospector., 1899-08-05

A pack of timber wolves are re- ported a having killed . number of cattle in Milligan valley, . few miles southeast of Eager, . settlement in Apache county. Wolf hunters. who are seeking the liberal bounty paid for the destruction of such animals ought to visit that locality.
Tombstone prospector., 1899-08-05
Esautx n Blaod Deep.

Clean blood means clean skin. Ns beauty without 1t. Caseare.s, Candy Ca.hars tic clean your blood and keep it clean, by purities from the body. Begin today to banish pimples, boils, blotches, blackheads, and that sickiy bilious complexion by taking Cascarets,-beauty for ten cents. All drug. Sists, satisfaction guaranteed. ln.~ 9sc. 5Oe.
Tombstone prospector., 1899-08-05

Somebody broke into 6 Wakefield, N. Y.. church the other night and stole the pulpit Bible. That thief would probably steal into heaven If he got half a chance.
Tombstone prospector., 1899-08-05
NOTICE.

To Property Owners-The As sessed Value of Whose Property Was Increased ov the Board of Equaliza- tion at the July, 1899, Sit ting.
Tombstone prospector., 1899-08-05

:. Lac for Fifty Cents. GLsrab 'sec tobacco habit cure makes weak lbea srrU '. blood pure Soc q. All druggists
Tombstone prospector., 1899-08-05
Central Mining Office,
Summons.

IN THE DISTRICT COURT. FIRST Judicial District. of the Territory Of Arizona m and for the County Of Ccchise. MINNIE MARTIN,
Tombstone prospector., 1899-08-05
vS- ORVlLLE MARTIN,

Plaintiff ORVILLE MARTIN,
 Defendant Action brought in lthe District court of the first Judicial district of the Territory of Ari- zopa in and for the County of Cochise and the complaint fled in the said County of Cochise in the office of the clerk Of said District Court. The Territory of Arizona sends greeting 10 Orville Martin
 You are hereby required to appear in an ac- lion brought against you by the above named Plaintiff in ti.e District Court of the First lu6i ciai District Of thhe Territory of Arizona, in and for the County of Cochise. and to answer the complaint filed therein, within ten days exc'rsve of the day of serviceI after the service on you of this summons If served within this county: or if served out of this county but in this district, within twenty days; otherwise within thirty days, or judgment by default will o~ taken aga.nst you according to tte prayer 0. ;aid complaint.
 The said action is brought to obtain decree of divorce from the bonds of ma;rinlony land for the sole custody of the miner children. Lena NJ. Martin and Orville Milton Martin. and for all general. equitable and proper relief.
 Given u-der p'y hand and the
 seal oi the District Court of
 the First Judicial District of the (sEAL. Territory ofArizoda. i1 and for
 the County this sth day cf
 July. in the year of our
 Lord one thousand eigh, hun
 dred a-d ninety-nine.
 A. H. EMANUEL July.-7. Clerk.
Tombstone prospector., 1899-08-05

E1rra.e TOUT Bowels vfn Cssesrea Candy Ca,Ga-t!c. cure cons. s:.ration .oreyer.
Tombstone prospector., 1899-08-05

Dc7-t fesarro Spit ana sPscxe Ysur IIse Away.
 70 quit tobacco easily and forever. be mag oetlc. full Of life. nerve and vigor, ts.ke NcTo Bac, the wonder worker. that makeS weak men strong. All druggists, toe or si. Cure guaray seed Booklet and sample free Aedresf OssFiing Rsnedy Co. chicsso Q. New Yos6