Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-11-12
The Railroads Trying to Have Fer
tilizer Rate Case Postponed.
GIFT TO The oRPHAMAcE
How tho Request OF tho Into A.: frank
Page Shall DO Utnized to BIO Docid-
ed-Dcnth OF Miss L.zzio ID. Battle.
Tarboro. in Row York-A Very
ola Womun-U. y. Court Cicrhship

Raleigh, n. c., Nov. 1.-THE rail-
roads are making u desperate effort to
get postponcment of the fertilizer
of Wako Superior Court. on appeal
from the Corporation Commission. .
When the case was called yesterday
morning. the railroad attorneys made
the point that tho case having been
set for one day last week and not
lest its precedence on the calendar and
was therefore not before the court. This
point was overrued.
1t WAS then moved that the case be
continued till the January term of
court it'll the understa landing that 1t be
then tried. The corporation objected to
this on two grounds: First. that the
January term of court is for the trial
OF criminal causes only and any agree
ment made by counsel as to the trial
OF Il civil cause then would not bind
the court. Second the fertilizer season
will soon he on. and IL the farmer is
TO get any benefit from lower rate,
that rate must be put In force as early
Us possible.
On this objection Judge Moore de-
clined to grant the motion to continue.
Thercupon the railroads moved for the
appointment of commissioner by tho
court to take evidence.
GlF'T TO TIE oRPHANAGE.
At the next Methodist Conference.
which is to he held at Washington, n.
c.. December 9TH, the trustees of the
Methodist Orphanage here Will meet
ana decide in regard ito the bequest
left the Orpharogc by the late a.
Frank int Nui
half of the Academy of Music during
Mrs. Pages life aud all OF 1t at her
DEATH or take $500 in lieu thereof
Though there will be some opposition
10 taking the Academy OF Music, 1t Is
probable that that will be done.
DEATH OF MISS BATTLE.
News was received here yesterday of
the death OF Miss Lizzie D. Battle, who
has been teaching i'm New York. She
went to New York q few years ago
to accept n position in n select school,
She also took ri course OF instruction
In q normal college and recently OBJ
tanned the degree Of Doctor of the
Science Of Teaching. She had not been
we'll ana her death had been expected
several days.
Miss Elizabeth Dancy Battle, only
daughter of Mr. MILAN S. and Eliza
beth Battle. was born in Tarboro and
was aDOut ~ years OF age. she was ed
ucatcd at St. Marys School, and before
she was of age conducted n successful
school for girls in Tarboro, and after
wards came to Raleigh as lady princi-
pal OF st. Mary's School under the late
DR.. Smcdcs. Her administration at St
Ma,y's was very successful. She re-
signed to luke better position In New
York, where she received 4 large sal
AIRY. She was n lady of rare accom-
rishments and capacity. and had a
wide circle OF friends who will mourn
her death.
MORE THAN y CENTURY.
A colored woman. Polly Patterson
who was said to be III years of age
died near University, Orange county,
yesterday and WAS buried yesterday
Old people whe live In that npighbor-
hood say that there is no doubt that
she was over one hundred years old.
She was probably the oldest person in
the State. The last few years of her
life Aunt Polly, as she was Familiarity
known. was blind, but otherwise she
was particularly active for one of her
extreme old age.
NEW u. S. COURT CLERK.
Major Hiram L. Grant, OF Goldsboro
IS TO succeed Mr.. ]. b. Fortune as clerk
of the United States District Court in
this city.
AS was first announced in The Post
]. B. Fortune, the present clerk, has
been requested to resign. because his
conduct OF the Office was not satisfac-
tory TO Judge Purnell