davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
HE LIKES TiDEWATER
Gov. Tyler Delighted With His
Visit to Phoebus and Norfolk.
Found Great Deal of Prosperity-Every-
body Busy and Everybody Making Mon
ey Ho Expect Greats City on the
Shores of Hampton Roads.

The Richmond Dispatch of yesterday
says: Governor Tyler returned last
night from visit of several days to
Pheobus, Hampton. and Norfolk.
1t Is safe to say that If the Governor
ever leaves his Southwest home he will
locate somewhere near Hampton Roads.
II do not believe there is q more
prosperous section of the United
States" said the Governor last night.
II have rarely enjoyed trip more
than this last one.It does ME good to
sec such unmistakable evidences of
prosperity within the bounds of the
Commonwealth. 1 spent Monday at
Phoebus and yesterday and to-day at
Norfolk. / heard a great deal of the
fine business conditions existing at
Newport News. From what l saw and
what / heard I feel it is no eXaggcra-
ton to predict that within the next
quarter OF a century we Mil see hun
dredS of thousands Of people living
around the shores of Hampton Roads
EVERYBODY MAKING MONEY.
Everybody Is busy. Every business
enterprise Is making money. l visited
several of the Norfolk factories. l was
much impressed WITH the cutlery fac
tory at Lambertss Point. ana the silk
factory, also located there. Each en-
ployS Il large number of hands, and
each is making money. 1t seems to
me the people of Norfolk do not fully
realize the size and Importance of these
industries.
1.-THE volume of business done in Nor
folk is enormous" continued the Gov
ernor. THE railroads are constantly
pouring in immense quantities OF west
ern products OF every character into
the city. and the harbor is full of craft
loading and carrying 1t away.
NORFOLK'S BUSY HARBOR.
II do not recall that have ever seen
much buster place than Norfolk har-
Dor is today"
Govern Tyler was much pleased
with Phoebus. The dinner given by the
citizens of the town Monday in honor
| of the incorporation of the village es-
| pecialiy pleased him.
ut Is a nice little town." said the
Governor; "a strong healthy baby. We
put a clean dress on 1t and started 1t.
How long 1t will keep clean and going
| nobody can tell"
THE EMPORIA LYNCHING.
Governor Tyler refused to discuss the
action OF the Emporla grand jury in
failing to indict anybody for completely
| in the lynching last week.
| Il do not care TO say anything re-
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
COURT DECISIONS.
0IGESTED BY W. B. MARTIN.
EXCLUSIVELY FOR
vIRclMIAN- PILOT.
Notes of Cases Recently Decided,
Which are Of Interest to
Our People.
M. L. I. CO. v. RUTHERFORD.


Supreme Court of Appeals OF Virginia
March 15, 1900.
THE PRELIMINARY PROOFS OF
LOSS PRESENTED TO AN INSUR-
ANCE COMPANY ARE BINDING
ON THE BENEFICIARY.
WHEN ANSWERS IN AN APPLICA-
TON OF INSURANCE ARE MADE
NARRATIVES BY THE CON-
TRACT ITS VALIDITY DEPENDS
UPON THEIR LITERAL TRUTH
WHETHER MATERIAL OR NOT.
The Court says:
Upon the trial the plaintiff offered in
evidence the two policies of insurance
sued on. the applications therefor,
certain oral evidence. The defendant,
without any testimony, demurred to
the plaintiffs evidence.
BY the terms of the policies Of in
surance, which are substantially alike.
the answers and statements contained
in the printed and written application
for them were all made warranties and
parts of the contracts of insurance.
One of the conditions (the 4th) of each
policy, which is expressly made part
of the contract, provides, among other
things, that IL any of the statements
OF WdTTanlleS referred TO III the pOllCy
or upon which 1t was granted was not
true, that the policy should be void.
In the case under consideration. the
proofs Of loss show that the death of
the father of the insured was caused
by q disease other than that stated in
the application for insurance, thus
showing prima facie the falsity of one
of the answers of the insured which
he had warranted 10 be true. No effort
was made to show that this statement
in the proof of loss was the result of
Il mistake or was not true, although
the plaintiff herself, the party who
made the statement, testified in the
case. In this condition of the record,
the falsity of the answer of the in
sured as to the cause of the fathers
death must be treated as established.
1t may be. as the beneficiary insists,
that this answer was not really mater
ial to the risk assumed by the COM
pany, but that does not effect the ques-
ton.
Where the answers to questions pro-
pounded In an application for insur-
ance are made warranties by the terms
of the contract of insurance. its valid
ity depends upon the literal truth of
such answers, and 1t is q matter of no
to the risk or not. Being warranties,
they are In the nature Of conditions
precedent. and like them, must be
strictly complied with. Lynchburg Fire
ms. Co. ". West, 76 Va, 575; Va Fire
and Marine ms. Co. V. Morgan, 80 Va.
ESQ; Home ms Co. ". Sibert, So Va.
4O3. The warranty being untrue, the
plaintiff cannot recover. We are of
opinion. therefore that the defendants
demurrer to the evidence ought to have
been sustained and judgement given
for it.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
Bids for Coal and ice.

The annual bids for furnishing the
custom house with coal and Ice during
the fiscal year. ending June 30. 1901
were opened here yesterday. The fol-
lowing were the bidders:
For Ccal-Norfolk Coal and Ice Com
pany. S. per ton: Nottingham & Wrenn.
so.o6; George w. Taylor. $500; Batch
elder & Collins, $544; Virginia Iron
Coal and Coke Company, s5.45.
For Ice-Norfolk Coal and Ice Com
pany. $50 cents per hundred pounds.
Underwater Ice Company, same.
The Norfolk Coal and Ice Company
and the Tidewater Ice Company both
submitted the same figures for supply
ing the building with Ice. The first
named company was awarded the con-
tract for furnishing coal. The ice con
tract has not been awarded as yet.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
Tho Latest War Nexrn.

Tho latest war news from the front Is
eagerly sought after by friends at home
To some it brings happiness, as they read
others the same message brings grief and
sorrow, when they note the death or cap
ture of their loved ones by the enemy
throughout our own country by those who
have been captured by that great enemy
OF ACKNOWLEDGEMENTS. For this, how
set them free. and that is Hostetter's
Stomach Bitters. which also cures indI-
gestion. constipation. biliousness. nervous
for malaria. fever and ague, 1t is un-
equallcd 1t has record of fifty years
CT cures to back 1t UP. and trial will
convince you that your case is not incur
able, as you will find after taking a few
doses your stomach will be stronger and
your appetite will return
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
New Church at the View.

Before many weeks from this date
work will begin on the erection of a
house of worship at Ocean View. The
possibility of a church being erected at
the View has been told time and again
in these columns, but now the erection
is sure thing, and will no doubt be
hailed with delight by the thousands
who visit this popular resort on Sun
days during the summer.
The contract for the new church has
been awarded to Mr.. John Pierce, OF
this city, and will cost something like
$4,000. The church will be monde
-neffinational, and ministers from every
denomination of the city will conduct
services each Sunday In rotation.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
The Lists Gloss To-Day.

By primary law no candidate to be
voted for in the coming primary may
enter the lists after to-day. The City
Executive Committee will after to-day
prepare the list of the candidates to be
voted for and provide for the issuance
of tickets. The candidates will hold n
meeting shortly to select an Electoral
Board. which will select the judges and
clerks of election at the various pre-
clncts. A two thirds vote of the cam
didates is required to elect the Elec-
toral Board, and a two thirds vote of
the Board is likewise required to choose
the judges and clerks.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
RELOCATE v. ROUSH.
Supreme Court OF Kansas.
February 10. 1900.


WHERE THE OFFICERS OF A
CHURCH UPON ENQUIRY FIND
THEIR PASTOR UNFIT FOR HIS
OFFICE. AND. IN GOOD FAITH,
AND ON A REASONABLE OCCA-
SION. PUBLISH THE RESULT OF
THEIR ENQUIRY IN THE
CHURCH PAPERS, SUCH COM
MUNICATION IS PRIVILEGED.
IN SUCH CASE. If THE PASTOR
SEEKS DAMAGES FOR LIBEL, HE
MUST PROVE ACTUAL MALICE.
This was an action for alleged libel
-upen plaintiff, 1t PREACHER by the dcfen-
dants who were officers Of his congre-
cation. The alleged libel was publ
cation in the church papers that fell
lowship was withdrawn from the plain
tiff as a member and as q preacher
The lower court sustained q demurrer
to the evidence and gave judgement
for the defendants and plaintiff appeal
ed.
The Court says:
One of the principal questions pre-
sented for decision is whether the COM
munication complained of was q pri-
vileged communication. If the state
ments were published in good faith,
and in the performance of what was
moral duty toward other church men,
bers. and for the benefit and protection
of the church organization at large,
and there was a reasonable ground for
the publication, it is privileged and
protected. On the face of the publica-
ton there is no vilification, extrava-
CANT language. or evidence OF a wrong
motive, and it would seem that the oc-
casion fairly justified the publication
of the defamatory matter. They were
officers of the church and concerned
in It's welfare; the conduct and char
acter of the plaintiff as their pastor
had become a subject of official en-
quiry. The result of their enquiry was
a matter of interest not only to them
and the church at Wilmington, but to
other church members of their church
organization throughout the country.
If the publication is prima facie privi-
legged it devolves on the plaintiff to al
lege and prove that 1t was both false
in fact and malicious in purpose.
The burden of proof was upon the
plaintiff to establish actual malice, and,
having himself disproyed malice. he
failed to establish a liability against
the defendants, and the case was right
fully taken from the jury. Affirmed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
Y. nj. c. A. BASKET BALL.
THIRD TEAM WILL NOW PLAY
SECOND FOR CHAMPIONSHIP

THIRD TEAM WILL NOW PLAY
SECOND FOR CHAMPIONSHIP.
The final game between the Third
and Fourth basket ball teams of the
Y. NJ. c. a. was played last night be-
fore large and enthusiastic audience,
and resulted in a victory for the Third
team to the tune OF So to IS. This VIC
tory places the Third team on the line
of the final competition. The Second
team also having won three out of five
against the First will be their op-
ponents.
The final series will commence next
week, and will also be decided by the
best three out of five games
The game last night was intensely
exciting, though much one-sided, the
plays being exceedingly fine. The line
up was as follows:
Third Team-N. Jacobs. captain; J.
II. Hanna. e. L. Croonenberg. Arthur
Landlord, Grit Dodson.
Fourth Team-H. B. Russell, captain;
III. H. Priest. F. II. Driesell. C. NJ. Rut-
ter, Robert Montague.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
AMUSEM ENTS.
ADVENTURE OF LADY URSULA"

ADVENTURE OF LADY URSULA"
Mr.. William Morris. supported by
Miss Frances Drake and a capable
company of players will appear at the
Academy tomorrow afternoon and
night, presenting THE Adventure of
Lady Ursula" four act comedy by the
noted author and playwright, Anthony
Hope. 1.-The Adventure OF Lady Ur-
sula" is the play that achieved success
in London and ran an entire season at
the Lyceum Theatre in New York, and
is produced this season by special ar
rangement with Daniel F'rohman, Seats
can be secured for either performance
at the Academy.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
SHIPPING NOTES.
LOSS OF A SCHooNER-Two COL.
LISIONS-HARBOR.

0AotOANo-f1sAItb II.
The three-masted schooner William
H. Kennel. Captain james Soper. New
York to Baltimore, cement loaded.
struck on the Isaacs early yesterday
morning In the heavy sea and wind at
t mat Time knocked hole in her bot
tom, ran into Cape Charles channel
with distress flag flying and sank In
SIX tathoms of water, vessel and cargo
becoming total loss; the insurance
oelns represented as light. IL any. The
signal Office at Cape Henry reported
VIA seacoast telegraph the vessels po-
sltion as soon as discovered, and the
Merritts sent the steamer Rescue to her
assistance. In the meantime the pilot
BOAT Relief had stood alongside and
taken Off Captain Soper and the crew
with their effects and later landed them
at Old Point, whence the Rescue
brought them to Norfolk where Cap
tam Soper noted protest and made ar
engagements for paying off the crew
Later he returned to the schooner and
VIII probably have her stripped insofar
as possible.
The VIM. II. Kennel was built at
Staten Island. in 1865. and was of 400
registered tonnage
During the heavy blow OF Wednesday
afternoon the two-masted schooner
Greenfield, Captain Layfield, from Bal
timore to Norfolk, light. came in col
lision with the Merchants and Miners
TRANSPORTATION steamship Essex off
Boush's Bluff, and lost her bowsprit
and jibboom. out off clean at the
knight-heads; sails and head rigging
also suffered somewhat. The Green
field will repair here.
Yesterday afternoon. as the schooner
Mary 5. Ewing, Captain Brown, was
running in from James river. she fouled
the revenue cutter Onondaga, tearing
her own main sail badly and injuring
her otherwise. She will repair here.
Owing to the pressure of work and
to the extended personal supervision of
anchorages recently devolved on the
harbor-masters they have secured and
put in shape the tug c. W. Ridley, In
which to attend to their duties. AS re-
suit of this personal attention given to
all vessels In the harbor. the channel
at Lambert's Point and below Is now
Kept clear and in easily navigable con-
dition. and no word of dissatisfaction
from the crowded condition incident to
the large coal fleet has been heard for
several weeks, though there are still
In the neighborhood of 30 barges and
schooners lying In wait for coal be-
tween Primers Point and Craney ISL
and. This is a high compliment to the
harbor masters faithfulness.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
Forty steamer ACCIDENT.

The ferryboat Norfolk County broke
her connecting rod while making the
Portsmouth dock last night on her II
o'clock trip. The steamer Twin CITY
was put on the line in her place until
steam could be gotten up on the CITY
Of Portsmouth, when she completed the
nights work.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
TIE NEWS OF NORFOLK ON PAGES D H.

garding the matter" said the Governor.
II realize how difficult it was to nx
the blame. 1 think the sentiment of
the people of the county must be fully
derstood in order to understand the
difficulty In finding true bill against
any one.
You may say. however," said the
Governor, that the report sent out
from Norfolk saying that I had said
the grand jury was 'bulldozed' was in
correct. I made no statement of that
nature"
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
Transferred to Norfolk.
Yesterdays Lynchburg News sa

Yesterdays Lynchburg News says:
Mrs. T. w. McGraw left yesterday
afternoon for Norfolk, where she will
join her husband. who has been pro-
NOTED to the position of general yard
master at that place for the Norfolk
and Western railroad. While in Lynch
burg Mr.. McGraw efficiently filed the
position of yardmaster and his depart
ure for Norfolk about week ago was
deeply regretted by his many friends"
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
5EGhdzI;za
234-23o-23S MAIN STREET.
We're outtailsed often outdone never.
We Know It's True

that's why we state it so clearly and
positively. OUR $3.50 OVER
COATS ARE BETTER MADE--OFs
BETTER MATERIALS BETTER
TRIMMED - AND DECIDEDLY
BETTER FITTING THAN ANY
OVERCOATS SOLDIN AMERICA
FOR $3.50.
Or better than any in England
for 2 pounds 10 shillings.
Or better than any in France for
IS francs.
Or better than any in Germany
for so marks.
THE BEST COATS IN THE
WORLD FOR THE MONEY.
You cannot appreciate The full
meaning of this until you have seen
the garments and examined into
their merits for yourselves. You can
not please us better than to "take a
look" Guaranteed, of course.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06
Remains sont to Petersb,rg

The remains of Clara w. Holt, the
interesting 5-year-old daughter OF Mr.
and Mrs. Ira 7. Holt. who departed this
life at the home OF her parents in Park
Place Wednesday, were forwarded via
the Norfolk and Western railway yes
terday morning to Petersburg for inter
ment in Old Blandford Cemetery.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06

THE EMPORIA LYNCHING.
Governor Tyler refused to discuss the
action OF the Emporia grand jury in
failing to indict anybody for completely
in the lynching last week
Il do not care TO say anything re-
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-06

Supreme Court of Appeals OF Virginia
March Is. 1900.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-04-26
AN ACCIDENTAL SHOOTING.
Milo Pierce, a Prominent Resident o.
south SALISBURY, Instantly Killed.

Bennington, April 23.-News was receiv-
ed his morning of the death in South
SALISBURY by the accidental discharge of
a rifle, Sunday, of Milo Pierce, one OF the
best known men ia southern Vermont. 1t
is supposed hat he was engaged in draw
ing a charge from the rifle as the muzzle
was near enough to hin that his vest took
fire. The ball entered near the heart,
passed upward, came out on the other and
lodged in the ceiling above. His wife who
was lying on IA couch in another room
heard the report, and on Investigation
found Mr.. Pierce dead. A portion Of his
body was in the chair in which he had
been sitting.
Mr.. Pierce was g. years of age, and was
a native of SALISBURY. He had been az
tive in town affairs, filled several offices,
and was a strong republican. He was Il
member OF Tucker Lodge, T.. and A. NJ,
of North Bennington. He was a man that
was generally esteemed. For some time
he was connected with the Eagle Square
Works but OF late years had been a farm
er and only recently retired having sold
his farm, and was intending to enjoy life.
He was twice married and is survived by
his second wife, Mrs. A. f. LOOMS of this
village and three sons. No thoughts of
suicide are entertained.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-04-26
CONCERT BY U. V. NJ. CLUBS.

There was a much better turn out than
usual for the annual winter concert by
the University of Vermont Glee and in
strumental clubs Friday night, In fact.
the opera house was well filled and he
boys gave an entertainment which fully
merited the good attendance. The first
part consisted Of selections by the glee aud
mandolin clubs, a vocal quartette, an in
s,rumental quintette, readings and cleo.
appropriations by f.. c. Lewis and a vio-
lonCello solo by c.. NJ Goodrich which was
one OF the best things or the evening.
The glee club contains some fine and well
balanced voices and the instrumental
numbers were rendered with much express
sion. Nearly everything on the pro-
gramme was encored.
The musical programme over, the mem
bcrs of the mandolin club resolved them.
selves into an orchestra and played while
the characters in the farce which GOi.
lowed We're making up. The farce was On
titled "A Rank Deception" and that th'
efforts of those in the cast were appte
ciated by their friends in the audience wa:
shown by the cordial applause. The mos
important part was we'll taken by Grout
'0l. Messrs. Williams. '02. Marsh. '02. anC
Wright 90, were very entertaining in fe
male roles, while Pease '0l and Powell
90, completed the cast,
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-04-26
A DISPUTED BOARD BILL.
Mrs. DR.. Barbour Brings Suit Against
John Dyer, Jr.

The principal case in City Court Mon
day was a civil action brought by Mrs.
Annie Barbour, the wife Of Or. c. II. Bar
bour, to recover a disputed bill for board,
room rent. and damages TO rooms from
John Dyer. jr. The hearing occupied
most of the afternoon and was not COM
pleted. Mr., n Mrs. Dyer and their
child boarded for a time with the Bar
bours and then roomed at their house,
without having board. During this time
there was some trouble over a dog kept
by Mr.. Dyer. The hill from Mrs. Barbour
was not satisfactory to the Dyers, hence
the suit.
John Rogers, who has been in Jail for
several days. twas brought into court
Monday afternoon for an additional dis.
closure but held to his story of Jamaica
ginger and this statement was accepted.
Daniel Sullivan, a man who has beer
confined in the Jail for intoxication, was
again in court and received his sentence
1t was that he pay a fine of $40 and cost.
or spend - days in Jail. He will serv,
the 20 days.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-04-26
Won'tCure Everything
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edy Will Gore You If You Suf-
fer From Disease of the Kid
neys, Liver, Bladder or
Blood.
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expected deaths of to-day are from that
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at sl.O0 a bottle.
You can tel! just as well as a physician
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If ii is milky or cloudy, discolored OF
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