davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07
COURT DECISIONS.
Notes Of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY ". B. MARTIN,
Exclusively for virginian-P ilot.)
GASLIGHT co. AND
OTHERS V. LANSDERE.

WASHINGTON GASLIGHT co. AND
OTHERS V. LANSDERE.
Supreme Court of the United States.
January 49, 1929.
A CORPORATION IS NOT IIADIA4
FOR THE TORTS OF ITS AGENT
UNLESS THE ACT IN QUESTION
WAS DONE IN IT'S BUSINESS AND
WITHIN THE SCOPE OF AGENTS
EMPLOYMENT.
A GAS COMPANY IS NOT LIABLE
FOR THE ACT OF ITS MANAGER
IN WRITING A PERSONAL LET
TER, WHICH WAS USED AS THE
BASIS OF a LIBELOUS PUBLICA-
TON.
The WRITER OF A LITTER IN
TENDED AS TIE BASIS OF A IL
BELOUS PUBLICATION CANNOT
ESCAPE LIABILITY BECAUSE
THE PUBLICATION ALSO CON
TANNED MATTERS NOT MEM
TONED IN THE LETTER.
This was n suit for damages for n
libel published against him in q New
York paper. brought by Lansdere. He
obtained Judgment in the lower court
for $4,000 against the corporation, its
secretary Bailey, and it's general man
aGer Leetch. 1t appears that the plain
tiff had been in the employ of the Gas
Company, and had also testified before
a committee OF Congress as to the price
of gas. Sometime thereafter Brown, the
publisher OF New York periodical
wrote n personal letter to Leetch, the
general manager of the company, en-
curing as to the witnesses testimony
and in answer thereto Leetch wrote him
n letter which was the basis of an arti-
Gle published in said periodical. This
article was alleged by the PLAINTIFF to be
q libel and he brought this suit.
The court Gays:
And first In regard to the liability Of
the corporation. There is no evidence
that any other officer OF the company
or any member of its board of directors
advised or requested Mr.. Leetch to send
this letter, or was cogniZant of his In
tention in that regard. Mr.. Leetcn
swore that the letter was written by
him unaided. and that the letter from
Brown was q personal letter, and he
answered 1t as such. The testimony
also showed that MIR. Leetch was APP
pointed generally to take care of the
works and to do the best he could for
the company; that he was q gas engi-
neer and took care OF the works
That a corporation may be held re-
sponsible In an action for the publica-
ton or libel Is no longer an open
question in this court The result of
the authorities is. as we think. that in
order to hold a corporation liable for
the forts of any of its agents the act
in question must be performed in the
course and within the scope of the
agents employment in the business of
the principal. In this case no specific
authority was pretended to have been
given the general manager, Leetch, to
write the letter. or to authorize the
publication of anything whatever.
There Is no evidence of an express mi
thorlty or OF any subsequent ratifica-
ton OF Leetch's conduct by the com
pany. Can any authority be inferred
from the evidence as to the nature of
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07
WHITLEY GROCERY co. ". M'CAW
NJ. co.
Supreme Court of Georgia
December is. 1898.

Supreme Court of Georgia.
December 49, 1898.
WILL ENJOIN A PERSON
WHO ENCROACHES UPON THE
BUSINESS OF a TRADER BY THE
USE OF SIMILAR TRADEMARKS
NAMES OR DEVICES, WITH IN
TENTION TO N1ISLEAD THE PUB
Lie, ESPECIALLY WHEN SUCH
TRADEMARKS OR DEVICES ARE
CALCULATED TO INJURE HIS
BUSINESS AND ENABLE THE
WRONG DOER TO SELL GOODS
ON THE REPUTATION OF THE
TRADERS GOODS. AND IF THE
INJURY is IRREPARABLE IN
DAMAGES.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07

Trouser may be your only spring
need. The variety OF our line will
make the problem easy.
RUDOLPH & WALLACE
1873 Main street.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07

Spring tiredness IL due to an impover-
ished condition of the blood and Is cured
by Hoods Sarsaparilla. which enriches
tho blood.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07

been laid from the bridge over Smiths
Creek as far as Second street.
several juvenile entertainments are
booked to- take place in the ward next
week.
Messrs- Copeland & Moore will very
shortly begin the erection of their
marine railway on Front street.
Only three weeks more" said a
prominent oyster packer last night,
and the business will close"
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07
3 .g!.Il![lA7lIElll

HAVE You Sore Throat. rimples. Con.
per-Colored Spots. Aches. Old Sores III
GERS in Mouth. Hair Falling3 Wsite COOK
REMEDy CO.. 1911 MASONIC TEMpEJc,
Chicago. III. for proofs OF cures. Capital
$500. coo. Worst cases cured la IS to a
aaYs. ACREAGE haek fres. duis..s :.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07
Lawrence & WeIton
2IS Main Street.

E OR SALE. = AN IDEAL HOME IN
a the land OF sunshine and fiowers
city of Norfolk. Va. located immed. ately
or salt water contains about seventh
acres, ten acres in woods. balance IN
OF mile frontage on salt water: fine
oyster grounds, on which oysters can be-
raised for family use in abundance. and
with additions. abundance Of purest
water right at the door. grounds about
the house covered with fine shade trees
shrubbery. choice flowers, vines. ETC
Barns. clubhouse of four rooms for heip,
about ono hundred pear trees, Duchess
variety. about fifty Sickles pear also
peaches. Japanese plums. all in bearing
Connected with the city by fine she'll
road For terms and further Information.
call on CIR address H. c. HOGGARD &
CO. 81 Bank street. Norfolk. Va.
ill5-su.wc-tf
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07

The largest and finest corps of work.
men in the South produce the gar.
ments that bear our label.
RUDOLPH & WALLACE.
1888 Main street
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07

All glasses prescribed by DR.. Week
guaranteed. Examinations free. $40
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07
MARRIAGE LICENsEs

Licenses to marry were issued YES
terday to c. f. Bonny and Claudio v
Prieur, white.
Charles Spellman to Anna Cheatham
colored.
George G. Ferebee and Mary Field
colored
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
SEVEN FORTS CAPTURED
SNYDER CARRIES STRONG POSITIONS NOT
FAR IRON CEBU.
His Loss One Man Dead and -Four Wounded.
The Enemy's Loss Estimated
al Forty,

Washington, Sept. 26.--The War De-
partnent received today the following
dispatch from General Otis:
Manila, Sept. 26.
,'Adjutant General:
'On September I'D and 23d Snyder
attacked STRONG inlsurgent positions about
five miles west of Ceibu with 30 officers
and men, Tennessee regiment and 5l7
officers and men, Nineteenth, Sixth and
1wenty-third infantry and Sixth artil-
lery, driving enemy from works
and capturing seven forts, includ-
ing smooth bore cannon mount
ed therein and fourteen en-
trenched and fortified places. Our loss
Private William NJ. Hanley, Company
A, Sixth infantry, killed, and four
wounded Enemy's loss, estimated forty.
Insurgents retreated to new fortifica-
tions far southwest. Snyder returned
to Cebu with Tennessee troops who had
disembarked from transport Indiana to
take part in action. Two companies
Nineteenth infantry hold important po-
sitions in mountains.
fSigned) 'sOTIS."
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
THE SHERMAN TRUST ACT.

Attorney General Griggs Writes to
Gov ringree Defining It's Powers.
Washington, Sept. 26.-Attomey Gen
eral Gfiggs has written the following re-
ply to letter recently received by hisn
from Governor Pingree, of Michigan:
Il am in receipt of your letter of the
Dist instant asking me to send YOU a
copy of opinion to the effect that under
the Constitution of the United States
Congress cannot enact Il law which
would he effective in Suppressing
trusts, so-called.'
''In reply / beg to say that / have
never rendered, either officially or uil-
officially, any opinion of this kind. On
the contrary this department has been
engaged i'm bringing numerous suits il
the United States courts under the
Sherman Act of July I'd, 1890. entitled
An Act to protect Trade and Commerce
Against Unlawful Restraints and Mo
nopolies, in several of which cases, no.
toriouSly that against the TRANSMITS
souri, Freight Association, 166 u. s.,
800, and that against the Joint Traffic
Association, Ill u. s., sos, the result
has been the suppression by decree of the
court of the offending agreement or as
sociation.
You may possibly have reference TO
letter Of mine to a private citizen
published several months ago in the
newspapers. wherein | called attention to
the fact that the only jurisdiction that
Congress has over combinations or con-
tracts in restraint of trade, was in re-
lation to those which directly affected
Interstate commerce. That this is
true. and that this is the full extent e.
the Sherman Trust Act you will ascer-
tain by reading the decision of the
United States Supreme Court in the
ease of Hopkins VS.. The United States.
III II. S.. 57S, and the case of the
United States VS. Il. G. Knight Com
pany, 1856 u. S., /.
"You are doubtless aware that it is
not the right or function OF the Federal
Government to interfere with business
transactions carried ON within the sew
eral States, except upon some ground
expressly authorized by the Constftu-
ton Congress can regulate directly that
which we understand by Interstate
commerce, but it has no power to reg
ulate or control business or commerce
carried on wholly Within the limits of
State"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
LIST OF THE DEAD GIVEN
SCENEl THE NEW YORK CENTRAL
ROAD NEAR AUBURN.
ANoTnER TRAIN RUNS INTO OPEN SWITCH
1t Strikes Freight on a Siding, lnjurng
Both Engineers and Killing
Tramp Who Was Steal
] G a Kide.

Auburn, y. Y, Sept. pa head-on
collision between a New York Central
passenger train and a freight train oc-
CURED this morning at q o'clock just
west of Old Flat Bottom Bridge, about
half a mile west of the city, and as a
result four people are dead, one fatally
injured and four seriously injured:
The dead are:
EMMETT LANCTOT, of Rochester, on.
gineer on the freight train.
j. q. CURRY. of Rochester, fireman
on the freight train.
JAMES l.. KING, tramp whose pa
rents live in Skaneateles.
r. II. FREW, of Geneva, baggage mas
ter on the passenger train.
Fatally injured:
DUGAN, of Geneva, engineer
ON the passenger train.
INTO AN OPEN SWITCH.
Richmond Va, Sept 26.-Chesapeaka
and Ohio passenger train No. l ran into
nm open switch near White Sulphur
Springs last night and struck freight
train standing on the siding, damaging
both engines.
Robert Garrison. a tramp, riding be-
tween the engine and tender. was killed
Colonel A. August, II passenger, was
thrown from his berth and sustained a
broken leg.
1t is believed the switch was malici.
ously tampered with.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
LEADS ALL NORTH CAROLINA DAlES I'M NEWS AMID CIRCULATION.

fore | got to Manila, the Archbishop,
with whom | afterward became very
intimate said that the American sail
ors We're the scum of the earth blood
thirsty lot of cut-throats, who would
destroy everything in their path.
Later on, when l did get there" said
the Admiral with a knowing smile, ''the
Archbishop came on board one day while
| had battalion at drill, the very same
battalion that will parade in New
York. The Archbishop went on the
bridge and watched them closely.
knew he was admiring them, and | said
to him: Well, what do you think of
our American sailors?
They are splendid, he said, I have
seen the men Of most navies, but never
anything like these. They are magnifi-
cent. / cannot understand it-such
splendid young fellows. How does it
happen?
":Well,' l replied, we look for the
best men, we come closer to our men, we
treat them better than other countries
do. and we pay them better"
Admiral Dewey then said that Luna
was the best man the Filipinos had
1T was a plot" he said, ito assassinate
him. A crack swordsman was placed as
sentry, and when Luna appeared he SIM
ply stabbed him. But these fellows all, J"
said the Admiral, "are a queer lot. They
were simply servants and stablemen,
and Aguinaldo was a junior clerk in
the navy yard. He is pretty smart
fellow. / know him pretty well. In
fact, we were great friends, and are, for
the matter of fact, but he has not the
brains. There are people behind him,
some of them lawyers and able fellows,
who make tool Of Aguinaldo. Here
by the way, is a cane which he presented
TO me-" and the Admiral produced a
thick black stick carved and resembling
Irish dog oak more than anything else.
BETTER THAN THE CUBANS.
Il Thought said the Admiral, that
this thing in the Philippines would be
over long before this, as it should have
been. | can't imagine how they have
stood ont until now. or course, there
was the rainy season, and l suppose
little was done. One great trouble out
there has been that General Otis has
tried to do too much. / told him so.
Continued on Second Page.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
WOOD KILLED IN ACTION
HIS HOME WAS GEORGIA, AND HE WAS A
fARMtR'S SON.
The Crew Of the Urdaneta as Yet Unaccounted
For. One Of Them Was South
Carolinian.

Washington, Sept. 26.-The Navy De-
partment today received from Admiral
Watson cablegram announcing the
capture and destruction of the gunboat
Urdaneta reported in the press dis
patches OF yesterday. Another dispatch
from the Admiral states that he learns
through insurgent sources that her COM
mander, Naval Cadet Welborn G. Wood,
was killed in the action. The fate OF
the crew is not known.
Admiral Watson's first dispatch fol-
lows:
Manila, Sept. 10Th.
Secretary of the Navy, Washington:
"Gunboat Urdaneta, Cadet Welborn
C. Wood commanding has been captured
and destroyed by the insurgents while
blockading. The wreck is hard aground,
water two feet deep near Orani on Orani
river, northwestern corner of Manila
Bay, and is completely Quilted. Draft,
maximum, was less than six feet. Dis
placement in tons forty-two. Battery
consists Of one FOUNDER II. Il. g., one ma
chine gun Colt automatic); one machine
gun (Nordenfeldt % milimeters). The
reason of his presence in that river is
now known. Commander Cornwell was
preventing the landing of arms with
forty men. His force too small to attack
armed insurgents at the village. Water
is only six feet deep on the bar at the
mouth of the river. Cannot obtain any
authentic information of the crew as
yet, because Cinsurgents) will not respect
flag of truce Cadet Wood with crew
of nine enlisted men and one Chinaman
are not accounted for. The names and
rate of Americans, all of whom We're
attached to the Oregon, as follows:
benjamin James Green coxswain;
William Mitchell, seaman; Samuel Til
den Herbert, ordinary seaman; Edward
Burke, ordinary seaman; George Daniel
Powers, apprentice, first class; Arthur
William Drummond, machinist first
class; Thomas Grey, fireman, second
class; John James Faray, fireman,
port by mail.
(signed.) WATSON"
Cadet Welborn c. Wood, is included
in the list of naval cadets who have
passed the requisite academic course,
and are now performing two years SER
vice al sea, prior to final graduation. He
was the son of Mr.. III. X. Wood, of
Jerusalem, Pickens county, Ga, former
ly farmer, but now employed as a
storekeeper and gauger in the internal
revenue service of the Government
William Mitchell one of the men who
was with Cadet Wood, was born at
Bucksville, S. c., and his residence is
set down as New York city. Next of
kin is George Mitchell, father, living at
Bucksville, S. G.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
JACKSON HAS TWO NEW CASES

Jackson, Miss, Sept 26.-The State
Board Of Health this afternoon made
the announcement of two new eases of
yellow fever in Jackson, the patients be-
ing Mrs. Tapley and her daughter, re-
siding on Pearl street one block from
the postoffice. Very little excitement
was created by the announcement.
Nearly all interior towns, however, are
putting up quarantines against jackson.
Many of the railroad lines west declared
one on within thirty minutes after the
announcement was made. Radical mea-
sures will be taken by the State Board
to prevent a spread. As yet there has
been no logical tracing of the foci an
nounced.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
ENGLAND PLAYING FOR TIME
The Controversy About Suzerainty Not
Introduced BY the Transvaal.

London, Sept. 26.-The Transvaal
crisis presents few fresh features. 1t is
increasingly probable that Parliament
will meet about the middle of October
and it is asserted again that General
Butler, who is to have supreme COM
mand of the British forces in Sout
Africa in the event of hostilities, y
start for the Cape on October ~
Nothing, however, has been officiall.
made known on either point.
The Transvaal Government was in
constant telegraphic communication
with Bloemfontein yesterday, on the re-
ply of Mr.. Chamberlain dispatch. 1t
is believed that the reply will protest
against the continued dispatch of Brit
ish troops as Il menace to the Transvaal.
The Pretoria VOlkstein, the official
organ of the TransvaaI Government de-
clares that the Transvaal executive
ought to give Great Britain at the most
forty eight hours to reply to the Trans
vaafs demand that no further troops be
landed, pending the receipt of the Brit
ish proposals.
Sir William Vernon Harcourt writes
to the Times denying that the controver-
sy regarding suZerainty was introduced
by the Transvaal Government. He says
it was originated by Mr.. Chamberlain
in his dispatch of September 10th, 1897.
Berlin, Sept. 26-The publication of
Mr.. Chamberlain kilograms to Sir Al
fred Miner, British High Commissioner
in South Africa, calls forth but few
comments from the German press. The
optimistic views expressed yesterday
have given way to general feeling in
many quarters that war is inevitable,
and that the course of the British policy
is merely a ruse to gain time to COM
plete the military preparations.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
APPLICATION FOR RECEIVER.

Americus, Ga, Sept. 26.-Applicatior
was made today for a receiver for the
De Soto Plantation Company, capitalized
at $4,000, operating near here The
company is made up largely of Michigan
capitalists, and has been engaged in cot
ton and fruit raising. A temporary re.
ceiyer was appointed.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
FLOWER OF THE WORLD.
Enthusiastic Tribute Paid to the Ameri
can Sailors.

New York. Sept. 26-The Evening
Post prints the following interview with
Admiral Dewey:
"They are a splendid lot" the Ad-
miral said, speaking of his men, the
very pick, the finest in our navy, ana
that means the best in the world. Be
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
SERVE WITH INSURGENTS?
What Filipinos Say Of Three Captured
Americans Yield up Prisoners

Amemcans-IO 1leId mp TrIsOlers.
Manila, Sept 26.-Two Englishmen,
who had been held by the insurgents
since June, have arrived at Angeles.
They report that the Filipino Congress
has resolved that fourteen American
prisoners shall be surrendered on We'd
nesday or Thursday.
They have, however, no Information
as ito the Whereabouts of Captain Chas.
NJ. Rockefeller, of the Nineteenth in
fantry, who disappeared III April last
and of whom no trace has been dis
covered. They assert that three Ameri-
cans who were captured by the rebels
are acting as officers in the insurgent
army.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
GENERAL HENRY HETH DIES.

Washington, Sept 6.--General Henry
Heth, the Confederate chieftain and
historian, died at his home in this city
at 40 o'clock this morning of Bright $
disease.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
DEPARTMENTS TO BE FORMED.
The Officials Decide to Carry Out the
Plans Already Indicated.

Washington, SEPT 26.-It has been
definitely determined to create four de-
partments in the Philippines, as out
lined in these dispatches a few days
since. There are yet some details to be
worked ont and a possibility of changes
in the lines Of the departments.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27
cHAPEI4uE,s APPOINTMENT.
1t win Probably Permit Reorganization
of the Church System of the Islands.


of the Church System of the Islands.
Washington, Sept. 25.-The announce
memt that Archbishop Chapelle, of New
Orleans, has been chosen Apostolic Del
egate for the Philippines attracts much
attention in official AMID clerical quar-
ters. The position has been vlcant up
to this time, and owing to the large
property interests of the church in the
Philippines, the official status it occu-
pied under Spain, and the influence cf
the clergy over the natives, it has been
regarded as an important factor in the
present reconstruction.
1t is expected that Archbishop Chap
elle's appointment will permit reorgani
zation of the church SYSTEM of the isl
ands. based ON the changed conditions
which have been established.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27

Justice Gaynor told the Mazet com
mittee yesterday that he had been Of
fered $4,000 worth OF Ramapo stock
to use his influence to get Brooklyn
and New York to adopt the system. He
refused the offer.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-27

The subscriptions to the Dewey Home
Fund today swell the amount TO $685.
SO.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1899-01-14
When You Have II Bad Cold.

You want the hest medicine that can
be obtained, and that is Chamberlain's
Cough Remedy.
Ynm want n remedy that will not only
give quick relief but effect permanent
cure.
You want n remedy that will relieye
the lungs Keep cxpectOration easy.
You want remedy that will counter
act any tendency toward pneumonia.
You want remedy that Is pleasant
and safe to take.
Chamberlain's Cough Remedy is the
only medicine in use that meets all OF
these requirements. This remedy is
famous for It's cures OF bad colds
throughout the United States and in
many foreign countries. 1t has many
rivals, but, for the speedy and perma.
nent cure OF bad colds. stands without
a peer and its splendin qualities are
every where admired and praised. For
sale by A. r. Champney, Druggist.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1899-01-14
LEGAL NOTICE.

The unknown heirs OF Esther L. Ekin. whose
names and places OF residence are unknown,
Will take notice that on the 2'th day of Deem
ber, 1898, the incorporated village of Perrys-
burg, Ohio. filed its petition in the Common
Pleas Court OF Wood County. Ohio, being case No
I2,l92. against the above named parties setting
forth in substance that II is in actual possession
of In. Lots Nos 1877 and 2l2 in the Village OF Per-
rysburg Wood County, Ohio, and that said
plaintiff by itself aud Grantors, has held open.
notorious, continuous, adverse. and exclusive
possession of said premises for more than thirtv-
Two years last past that 1t appears by, the
records of Wood County. Ohio, that the said de-
PENDANTS have some estate or interest in said
premises adverse to PLAINTIFFS right. and plain
tlf prays that said defendants may be COM
PEELED to show their said interest. and that the
same NAV be adjudg"d tn be null and void and
plaintiff & title quieted against the same.
Said parties are required TO answer said petit
ton on or before the 4th day of February, 1899,
or judgment will be taken against them
Dated Dec. 90. 1895.
THE INCORPORATED VILLAGE
OF PERRYSBuRG.
+. z. Bow.Rs.
Attorney for Plaintiff. 42f