davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
the opening and widening of these

the opening and widening of these
streets were ultra wires.
In their several answers the defend
ants aver that the proceedings of the
board were in good faith, that the
opening of the new street and the
widening of Church street were neces-
sary and for the public benefit. and
that of these matters the determination
OF the board was final.
The court says:
Ihere can be no objection to the con-
tributing of an individual to the ex-
FenSe OF laying out or altering a street
nor VIII such an act prove that the
property was taken for the accommoda-
'ion of private individuals, and not for
pubic use. If, in point of fact, the
public necessity and convenience re-
quire the Improvement of a street, or
the opening of one. it can make no
difference who pays the damages of
condemnation. 1t might be that q party
contributing part or the whole of the
assessed damages i'll the condemnation
OF and for public street when the
public necessity requires such street,
might have lands adjacent which might
be improved by the opening Of the
street: and. surely. if nothing else ap-
pearcd. 1t would not be either immoral
or illegal for him to pay the damages
growing out of the condemnation pro-
ccedinSs. when the use is public. the
necessity or cNpcdicncy of appropriate
ing any particular property is not u
subject of judicial cognizance."
But whether the use of the propertv
which the delegated legislative author
NY has declared t. be n public use be
Such use as would sustain the author
lties IN taking. against the will of the
owner ms property, is Il judicial qucs
ton. If the taking be In fact for the
purpose of private use,-if the basis OF
condemnation be the benefit of an in
dividual. ana not the public interest
and CONFERENCE.-The courts cannot he
concluded by The action OF legislative
authority from exercising jurisdi .tior
IN determining whether the use is Il
public use, or one for private gain and
advantage. "All the courts. we believe
concur in holding that whether u )ar-
ticular use is public or not. within the
meaning of the constitution IS L ques-
ton for the judiciary"
But the defendants contend That.
even II the question whether the use
Tor which private property has been
taken is Il public use is Il matter FOR
judicial determination. the plaintiff is
not the proper person to raise that
question: for the reason that he vas not
the owner of any part of the land taken
by the defendant corporation IN the
opening of the streets, and therefore he
mas suffered no injury on account Of
that proceeding. 1t is certain. however.
that in cases where the Board of Alder
men oil a town or city have taken pli-
vate property for private use undc,. The
claim Of exercising the right of eminent
domain for the public use, q resident
Taxpayer may have his remedy in the
courts against the proceedings, and
may have them declared ultra wires and
void, thereby saving himself from the
imposition of unjust and unlawful taxes
"A h.
pcnscs of such unlawful proceedings
New trial
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
In LEGAL REALMS
A Day With the Courts of
Norfolk.
QueliGcntion-Admi TO Record
Marriage Iiccuscs Issued-Char-e
Against Calling Dismissed-Thc
Usual Police Court Docket.

The Corporation Court was in ses-
sion only short while yesterday.
No business of general Importance
was transacted.
Il. X. Saul qualified as Il notary pub
lie.
REAL ESTATE TRANSFERS.
Deeds We're recorded yesterday max
ing the following real estate transfers.
Charles B. Tilghman and wife to
Thomas S. Southgatc, i lot on Mowbray
Arch; S237.5o
j. y. Dozier and others to Mary L.
Diggs. Il lot and building. No. 3G7
Chapel street; consideration $3.50.
Il. Il. Tunstan and T. Il. Wilcox
special commissioners, to Edward
Spalding, property fronting IS feet on
Grant street; $S92.97.
Eliza u. Southall. of Sm!thfield. Isle
Of Wight county, to T.. w. Spivey and
c. X. Hunton, lot fronting 30 feet on
north side of Highland avenue. near
Maltby avenue; price 81 900.
Richard Wallach. of the United states
Navy, 10 Mrs. Walter y. hickman. a
LOT on the west side Of Reservoir ave
nue., north of Highland avenue: price
$3.50.
Watt. Rettcw & Clay. to Chariot.
OF CRANKY street. 100 feet north from
Plume street extending thence along
CRANKY street 80 feet: consideration
10000.
MARRIAGE LICENSES.
Marriage licenses were granted yes
tcrday To the following couples:
Charles Henry .Woodhousc and Miss
Edna l.. Popc.
Joseph UZle to Cornelia Stokes. col
ored.
SERIOUS CHARGE DISMISSED.
Alonzo Calling. the colored man who
was driving the team which ran over
and killed Mr.. James II. Whitehurst on
Union street several weeks ago, was
discharged by Police Justice Tomlin
yesterday morning. also the owner of
the team, Mr.. William II. Richardson.
The Justice said that the evidence did
not justify him in concluding that the
negro should be punished for reckless
driving. He thought. however, that Mr..
iicharuson had been guilty Of barber
ing the negro and that he escaped pun
isEment on technical ground.
JOHNSON DISCHARGED.
Peter Johnson, the United States sail
or who jumped overheard at Taylors
wharf Tuesday night, was before Jus
tice Tomlin yesterday and acquitted of
the charge of creating n disturbance at
the Franklin Theatre.
POLICE COURT ITEMS.
Ed. Smith, colored. charged with
picking pockets. was discharged, the
complaining witness not appearing
Charlotte Foreman, colored, obtaining
goods from S.W. Sykes under false pre-
lenses; Will be called again this morn
ing.
Max Simon, assaulting Grace Davis;
warrant Withdrawn and cost paid by
plaintiff.
Neal Pryor. colored assaulting Sarah
Anthony. colored; fined So.
john Henry Matthews. colored, pock-
et-boolS snatching; case continued till
Friday.
Harpin I.amfool. a DISCHARGED United
States sailor, carrying concealed pistol.
was fined S30.50
Richetta Armstead. colored. assault
ing officer Spratt with a stick; fined
5000
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
CIVIL GOVERN MENT.
ASKED FOR PORTO RICO INSTEAD
OF MILITARY RULE.
(By Telegraph DO Vlrglnlan. rnotO

(By Telegraph TO Virginian- Pilot0
Washington. April 12.-Dr J. Hulio
Ienna and Mr.. Zeno Claudia to-day
presented To the President a memorial
drawn up by them as commissioners OF
the people of Porto Rico. asking that
exclusive military control over the is
land he withdrawn and that matters re-
latiug to the various branches OF the
civil government of the island he turn
ed over to The control of the depart
mcnts in Washington having jurisdlc-
ton over similar matters IN the Cuitcd
States: that the troops in the island toe
reduced 10 the number necessary TO
garrison the forts and military posts:
that the people of the island be granted
all the privileges ana immunities OF
citizens Of the United States; that the
people Of the island be granted Il. terri
turial form of government temporarily
or the executive authority placed in the
hands Of commissioners. like those rN-
ercising similar authority in the Dis
trict Of Columbia: that the legislative
authority of the island be vested in a
council consisting of two members from
each OF the seven departments of the
island; that u census be taken SO that
Congress can intcliGcntly decide upon
the permanent government OF the island
whether Porto Rico Is TO be acquired
as Il territory, admitted rs Il State, or
disposed Of in any other way" and
lastly. ;hat lin compliance with tho
provisions OF the United States Consti-
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
LADIES CAN WEAR SHOES

One size smaller after using Aliens Foot
Ease. n powder 10 he shaken into tho
shoes Il makes tight or new shoes fenl
easy; gives instant relief to corns ana
bunions. It's the greatest comfort dis
COvcry OF the age. Cures aud prevents
swollen feet. blistcrs. cullous and sore
spots. Aliens Foot Ease is a certain cure
for sweating. hot. aching. nervous feet
at all druggists and shoe stores 25c. Trial
package free. Address. Allen 5. Olmsted
lie Roy. y. Y.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
STAFFORD V. GREENSBORO.

SIRAItOltD V. GREENSBORO.
Supreme Court of North Carolina.
March I, 1899.
USE FOR WHICH A CITY WISHES
TO CONDEMN PRIVATE PROPER
TY IS A PUBLIC OR PRIVATE
USE IS FOR THE COURTS TO DE-
eide.
PROPERTY TAKEN FOR A STREET
IS NOT TAKEN FOR A PRIVATE
USE SIMPLY BECAUSE AN INDI-
vIDUAL CONTRIBUTES TO THE
COST.
IF THE REAL BENEFIT FROM THE
TAKING OF LAND IS TO AN IN
DIvIDUAL. AND THAT TO THE
CITY ONLY INCIDENTAL THE
USE IS NOT PUBLIC. AND ANY
TAXPAYER SUBJECT TO AS
sEsSMENT MAY RESTRAIN THE
CITY BY INJUNCTION.
The Board of Aldermen of Greensboro
ordered that certain property be taken
for street, and certain money be Dor
rowed to pay the costs OF The improve
ment This suit was brought to re-
STRAIN the city from its contemplated
action, and from a judgment for the
defendants the plaintiff appealed.
The Court says:
In the complaint the plaintiff alleged
that the opening and making of the
new street and the widening OF Church
street were not necessary and not re-
quired for the public use of the city.
but. on the contrary. that they were
to be made for the private use and
benefit Of defendant Cone, and that
such benefits as might accrue to the
city were only incidental. The plain
tiff further alleged that the defendant
city was not authorized in law to take
the property of its citizens for private
use, although by such a course Incl
dental benefit might accrue to the city.
and that all of the acts done and
threatened to be done under the or
ders OF the board made in reference to
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20

Not one child dies where ten formerly
died from Group. People have learned
the value of One Minute Cough Cure
and use it for severe lung and throat
troubles. 1t Immediately stops cough
irg. 1t never fails. BurroW-Martin
COMPANY.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20

washington. April 1s.-It Is under
ZOO tnat General George w. Davis is
70 be the military governor general oP
i'ortp kico. to succeed General Guy y.
Henry. General Davis is Il member OF
tne Wade court OF inquiry. He is at
tIchSd officially to Major General
BrooSe's command.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
PURSUING OF BANDITS.

The Cuban General Delgado, who,
with four bands of Cubans has been
out in search of bandits since Sunday
has teleEraphed General Gomez and
General Lee that he has found n band
and is in hot pursuit of them. General
Lee sent n company OF the Seventh
Cavalry, under Captain Sickle to join
them.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
GOMEZ FILLS INTO LINE
Continued from First Page,
THE POLICE FORCE.

General Alexandra Rodriguez. as the
new Chief OF Police. will have COM
mand OF ii larger force than he ever had
before-900 men i'll Havana and 300
rurales. AS he possesses the power to
dismiss or appoint. unrestrained by
statutes or boards. he can make the
force personally devoted to himself. AS
the largest and most compact force of
Cubans, armed and disciplined, located in
the capital, the police would be a pow
erful political weapon should the Amer
leans withdraw. The latter believe,
however, that the new chief will use his
position with moderation and fairness.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
TO FEED GOMEZ.

The loans and contributions OF the
citizens to feed General Gomez ana his
body guard to-day include cases OF
~ oceries. FISH. tomatoes and bread
CROUCH for four days supply.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
HAvANA's DEATH RECORD.

The Sanitary Department records
show that the number of deaths in
Havana in 1895 was TIES. in the follow
ing year 1927; in 1897 no fewer than
1910, and last year 20,19S.
For the month of January of the pres
ent year the death rate reached 1889:
in February the total was 75O: last
month it was $50 and for the first fiji
teen days of April the total number
OF deaths was a2S
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20

tuition. trade between the United States
and Porto Rico shall be absolutely free.
y MILITARY GOVERNOR APP
POINTED
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
LIEUT.. GILMORE STILL MISSING
CONTINUED from First Page)

because it is believed General Otis
would have cnbled any such disaster.
1t is further stated that General Law
ton could not possibly have had in
mind q junction with the Yorktown as
there is an impossible range of noun
t2ins between the points he travcrsed
and the sea where the Yorktown was
.Iniein~
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
50 TO 60 PER CENT. LESS
Men S. Boys and
Children Clothing

is TO miss chance OF your life. II
will be your own fault If you delav
coming. Look at the folio, INK IN
heard OF bargain prices:
Mems Suits, strong and durable.
wholesale price 500. sale price.
Msn's Suits. well made. sizes "a.
10 X double and single breasted.
WHOLESALE price $500. sale price
Mems suits. Atwood novcl,;o,
and effects, the acme OF perfection,
WAoleslle price Sllo0. sale price,
Boys Suits. ages Il to 10 years.
Si@. sale price. SlsS.
fancy checks and plalds. who,ssaie
price 500. sale price. g e..
Children's Suits accs 70 u.
years, well made. wholesaia nrsrr
Sl.25. sale price. Use.
Children's Suits. double breasted.
STYLES IN plain ana fancy elects.
wholesale price SEQ. sale price gsc.
h;idrGn Knee Pants. dufahle
SO per dozen, sale price per pair.
Chldrcn's Knee rants brown
mixed twceds. wholesale prce SI75
per. dozen, sale price per pl!r. ne
Chs!drcn's Knee Pants. ages 10
II years. fancy patterns. &c..
whoieSaic price Nc., sale price. &C.
black and blue chcviots. wholcsalt
price 500. sale price CSC
Mems Pants. English effects
taped seams. full tailored made.
W.,noiesaIe price $500. sale price
s!'V-.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-20
4 he
Brown
Guarantee

Your money BACK if you
want it, absolutely forbids
any Just ground for complaint
with The Joseph Brown Store.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
Notice

thereby give notice that henceforth |
shall not be responsible for any debts con-
tracted by my wife, Emile.
Honolulu, Oct. 4, 1899
1912 JOS. b. INcL.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06


Honolulu Messenger Service de
'ivers messages and packages
Telephone 37S.
The use of the Singer In mil
lions of homes shows the unpre-
,edented sG' cess of these ideal
.ewlng ma 'nines. 1t is convinc-
ing proof that the Singer excels
IN all kinds of family sewing and
art needle work. All our sewing
machines are of IT,. hest construc-
ion, beautifully decorated, and
\ mounted on selected woods in
ih-ly finished cabinets of artistic
designs. B. Bergersen, agent, l63
Ba+hal street.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
EXAMINATION OF
SCHOOL PUPILS

In an afternoon paper OF
yesterday WAS contained an arli
Gle on pu ported complaints in
regard the ply ical examination
of children in the various govern
ment schools. Taken all in all
there is really but one comp aipt
made in the srticle-thp lack OF
proper faci tiles in the schools for
examinations. DR.. Howard said
yesterday:
IAN altogether wrong impress.
sion is given by the article. Child
rem are not made to strip and tn n
stand up 10 lows while the exam.
in,ng physician passes by. 10
my examination OF the boys, each
room is made to strip to the waist
aud then, each boy is called up il
turn and examined in such a man
ner a. to hide him from the others.
An examination of the whole body
is absolute ly necessary in thls
country and must be made. While,
of course, the facilities in some 1t
t. p schools for such examinations
n q rot very good, still they ar
ell enough for all inteuts and
purposes.
"Dr. Luells Cleveland who has
The work of examining The .irIe
also vtly CAREFUL IN her. ins
lions. The girls are not made to
"trip but must loosen their clothes
They are then taken behi,d n
or. en- sinply and thoroughly ex
mined. 1t is as private a method
.s II there were two separate
rooms used"
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
SAVINGS DEPARTMENT

Ordinary and Term Deposits received,
and Interest allowed in accordance with
rules and conditions printed In Pass
books, copies Of which may be had upon
application.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
-Established 1853
BISHOP e &c.
BANKERS.

Transact a General Bankh Z
and Exchange Business.
Commercial and Traveller Q
Letters of Credit issued, avail.
able in all the principal cities
If the world.
Interest allowed after July
L, 1898, on fixed deposits 8
months 3 per cent, 6 months
81 per cent, II months 4
per cent.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
Commissioners Sale
of Real Estate, Stu
ate in Honolulu, Isl
and Of Oahu.

Pursuant to an order made by Honorable
w. L. Stanley, Second Judge Of the Cir.
cult Court of the First Judicial Circuit,
filed the z7th day Of September, A. D.
1899, in cause entitled Rose K. Anahu,
Hiram Anahu, William Anahu, Rose Ana
hu and Maggie Anahu, by Rose K. Anahu,
her guardian, against Mary Kamlki, De-
borah Pahau, Alex. X. Pahau, Richard
Mahi Pahau, Miriam Amalu and S. x.
Kane, the undersigned as Commissioner
duly appointed will expose for sale at
public auction, subject TO confirmation by
Circuit Court,
On Saturday, Oct. 18th, 1899,
at IL o'clock, noon, at the mauka entrance
to the Judiciary Building, all that piece or
parcel of land Situate on the m ,uka side Of
Printers Lane, in the city of Honolulu,
Island of Oahu, the same being more fully
described in a certain deed of partition
made by and between LENA and Mary K.
Panau ct al. recorded In the office of the
Registrar of Conveyanees in Liber IS,
page 34,, bounded as follows:
Beginning at point at the makai side
Of the lot known as Pacific Institute lot,
1853 feet from Punchbowl street and run
ming =
I. S. 7s' 4s'W., true IFS $40 feet along
Godfrey Browns lot;
2. S. 40 as E., true os feet along 'ane |;
3. N. 670 IS E true Ias $40 feet along
portion assigned to LENA;
4. N. 800 90 w., true 81 feet along the
Institute lot to initial point, containing an
area of 1, Go square feet; being portion
of the land described In L. c. A. zSoC,
Royal Patent 56oS.
Terms of sale are cash in u. S. Gold.
Deed at expense of the purchaser.
For further particulars apply 10
GEORGE LUCAS.
I33S Commissioner.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
Waialua Agricultural Co.
Ltd.

The fifth assessment of 10 per cent
is,o 1 - .t.are\ on the assessable stock
9 tie Waialua -2::: .u,.Ira. &c. 3D.. Is
due and payable seff..emte. 's'h. 1856, at
the office of Castle & Cooke, Ltd. Zen
per cent $1,000 per share) additional Is
Tue and payable November 18th, 1899,
and every two months thereafter UP to
and including May 18th. 1900.
w. A. BOWEN,
Treas. Waialua Agricultural Co., Ltd.
Y101
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
BY AUTHORITY.
IRRIGATION Notice.

Holders of water PRIVILEGES. OF those
paying water rates, are neieDv notified
that TIE hours for irrigati.n tLIlJses are
from 9 to 8 o'clock a. m. and from 4 &c 3
o'clock pm. ,
ANDREW BROWN.
Superintendent w ater Works.
Approved oy j. A. KING,
Minister Of interi0r
Honolulu, June ia. by.
IzAA.tf
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
BISHOP q 90.
SavingsBank

Savings Deposits win b
received and interest allowed by this
Bank at four and one-half per cent.
per annum. The terms, rules sud
regulations Of the Hawaiian Postal eav.
ings Bank have been adopted as far a.
II Is practicable TO apply the m, and the
Cash Reserve Of $50, 900 as required nm.
der the Postal Act will be maintained.
Printed copies Of the Rules and Reg.
ulations may be obtained on applicalioa,
BISHOP a co,
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06

Notice.
Miss Nina J. Adams will open Glasses
in PHYSICAL CULTURE at the Y. M.
c. A. Gymnasium, Wednesday, October
4th. Application may be made from till
IL o'clock on that day. I34I
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-06
Notice..

The STAR DAIRY CO.. LTD, wishes
to announce, that owing to the dry season,
advance in freight on bulky feed, and the
ravages of the horn fly among the milking
stock, the Company will be obliged to
charge twelve cents quart for milk, COM
mencing October Ist.
A. B. DOAK,
I3,o Manager.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-03-25

Boomers Ferry is hereby adopted as
the name of such consolidated will
age, and it shall be known hereafter
under such name.
Section 4.-That all the ordi
nances, rules and regulations of the
Village of Bonnerport as heretofore
incorporated shall remain in force
and effect over all the territory EN-
braced in such consolidated village.
Section 5.-That all records, pa
pers and documents of the Village
of Ea,on in the hands of the clerk
of said village shall be turned over
to the clerk of the consolidated
village, and the treasurer of the
Village of Eaton shall on demand
turn over all money, books, papers
or records III his hands belonging
to such Village of Eaton to the
treasurer of such consolidated Will
age,
Section 6.-That all claims, debts
or demands against either of the
Villages of Bonnerport and Eaton
shall be assumed and paid by the
consolidated village.
Section THAT all the property
of every description, including all
claims and demands of every de.
scription in favor of either of the
two villages consolidated by this
ordinance shall become the prop
erty of the Village of Bonners
Ferry.
Section S.-That the Board of
Trustees of the Village of Bonner
port shall be deemed to be the
Board of Trustees of the consoli
dated village of Bonuers Ferry un
til the next annual election.
Section 9.-That this ordinance
shall take effect and be in force on
and after the 1st day of April,
A. D. 1899.
Adopted and approved the 18th
day of March, A. d. 1899.
G. r. GRAY,
Chairman of the Village of Bon
nerp)rt.
S. d. TAYLOR,
, Chairman of the Village of Eaton
Attest:
G. w. MAkKLE, Acting Clerk,
Village of Bonnerport
T. j. JONES, Clerk,
Village of Eaton.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1899-03-25

Before the discovery of One
Minute Cough Cure, ministers were
greatly disturbed by coughing con-
gregations. Nc excuse for it now.
7. F. Cook, Jr.
The big piers for the draw.
bridge on the railway bridge across
the Kootenai are practically compile
ted and the false work up for the
big spans.
j. Sheer, Sedalia, Mo-, conduc.
tor on electric steert car line, writes
that his little daughter was very
low with Group, and her life saved
after all physicians had failed, only
by using One Minute Cough Cure
J, F, Cook.