davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25

argued that the assessent ,was proper
In all respects, except that it ought to
nave been entered against the individ-
ual stockholders. instead of against the
bank; and therefore. on his own argu-
ment, he cannot recover the amount
paid as taxes, under section TO- c. 169,
Acts 1897. But If the ,plaintlff was in
error in that position, and the tax as
sessment was invalid on account Of the
alleged irregularity of the assessment
Chat Is, that the assessment after the
stock had been listed by the cashier
should have been assessed against the
Individual stockholders, instead Of
against the bank) then the plaintiff
cannot recover, for this action was not
commenced within the time prescribed
by law
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
VIM. H. VESTS M1NsrRELs.

The Brooklyn Daily Standard had the
following to say of Vests big min
strels, who are at the Academy of
Music tomorrow night:
There was n genuine frolic at the
Grand Opera House. last night. when
w. H. Vests Minstrels gave an old
time performance; when the audience
laughed, the performers were merry,
and everybody had n good time. The
first part introduced several good vo-
caliSts. Charles G.. Weber sang Over
the Sea- and was encored. Fred War
rem rendered I've Got Chicken on the
Brain,' and called out emptUtfU ap-
plause. John p. Rodgers bass solo,
Asleep in the Deep was artistically
rendered and thoroughly appreciated.
Richard Jose. who has a phenomenal
voice sang "a Bird Inc Golden Cage
Carroll Johnson made a hit with his
songs. My Louisiana Lice I've Just
Received Telegram from Baby and
Oriental Coon This part closed with
the intermezzo from 'Cavalleria Rusti-
cana by NIessrs. Jose, Ardslee. Haric.
Weber, Garland and Rogers. The pro-
gram was excellent throughout"
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
Proposed Pension Loglslat,ye,

(By Tel aph to virgini'n Pllt)
Washington. Jan. 24.-The House
Committee on Pensions to-day ordered
favorable report on the bill making
service in the Spanish American war
SUFFICIENT to remove the disabilities
against those who aided or abetted the
southern troops during the war of the
rebellion in the matter of drawing pen
sions. At present the inhibition applies
to widows, children, heirs and others
related to those serving or assisting the
Confederacy, and the removal of this
inhibition is more particularly designed
to apply to the parents of those serv-
ing in the war with Spain.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
STUART ROBSON.

Admirers of that delightful comedian,
Stuart Robson, will undoubtedly receive
with much pleasure the announcement
OF his coming to this city, at the Acad-
envy of Music. on Monday January goth,
Mr.. Robson is an ever welcome Wis
itor, not only for his personality as O
man. but also for the added charm OF
acting which by reason of his ap
premiership of almost half a century,
mas come to be nearly perfect.
me cast of oliver Goldsmith" calls
for 20 speaking parts, and the most i'm
portant names submitted include wal
ter Hale. Henry A. Weaver, Beaumont
Smith, Clifford Leigh, Florence Rock
wen. Jeffreys Lewis, Bessie Scott. Bcs-
sic Harris. Ricca Scott and Henry r.
DiXey.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
AMUSEM ENTS.
KAvANAGH AND RoNEY's BOYS.

Blatchford Kavanagh and Roney's
Boys concert comes off in the Acad-
emy of Music, under the auspices OF the
association tonight. In order to &C.
commodate the large number of school
children who wish to hear this superb
concert arrangements have been made
for a matinee in the Academy of Music
at $3.50 o'clock this afternoon. The price
OF admission will be 2o cents, children
under IL only 10 cents.
Mr. Roney will address the pupils of
the High School and other buildings
this morning. The concert in Ports
mouth last night was n great success.
Don't fail to hear them tonight. They
arc great.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
T TELEGRAPH CONTINUED FROM PACE ONE.

stage of water that makes the escape of
single fish from the net or pound an
impossibility. 1t was stated emphati-
cally that this netting privilege con-
tinues five years. Now. IL this lease
does actually exist, and the interest Of
the city demanded this act of brutality.
why was not the best interest of the
city subserved by advertising for bids
and giving preference to the highest
bidder! The City Councils and the
honorable Water Board should see that
this outrage Is stopped at once. MS
every good citizen approached on the
subject has denounced this usurpation
of authority in bitter terms.
ANGLER
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
Protection of Game and Fish.
Norfolk, Va. Jan. "a, 1900.

Norfolk, Va, Jan. "a, 1900.
Editor Virginian-Pilot:
There are laws in the Code OF Vir-
ginia to protect game and fish from
rapacious pot hunters and fish hogs;
also law TO prevent cruelty to ami
mails. Yet in the face of these statutes
a visit to the lakes owned by the city
of Norfolk and controlled by the Hon.
orable Water Board will convince any
one that these laws, the creation Of
which was intended to increase the
supply of game and fish. are willfully
violated, and partisan measures re-
sorted to whereby two or three indl-
viduals can prosper at the expense of
the public. There Is not one iota of
Justification for the wholesale slaughter
of those choice gamey fish that abound
in the lakes near the water. works
pumping stations. And the meanness
OF this deed IS intensified by the low
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
COURT DECISIONS.
pIcEsTED ny w. B. MARTIN.
Exclusively for virgln:an-Pllot)
Notes of Cases Recently Decided,
Which are Of Interest 10
Our People.
RICE v. BUTLER.

Court of appeals Of New York, Novem-
Der 81, 1899.
WHERE AN INFANT HAD BOUGHT
A BICYCLE ON INSTALLMBNTs
AND PAID PART OF THE PRICE,
THE TITLE BEING RETAINED
IN THE SELLER; AND SHE AT
TERWARDS DISAFFIRMED THE
CONTRACT. SHE CANNOT RE
COVER THE MONEY PAID.
This was an action to recover s26.25
paid by the plaintiff. minor, upon
contract for the purchase OF q bicycle.
Plaintiff bought the wheel In June,
used it until September. and then re-
turned 1t to defendant, asserting that
she had been defrauded, and demanded
repayment of the amount she had paid
upon the contract. The defendant took
the wheel. but refused to return the
money. claiming that the use of the
wheel and It's deterioration in value ex-
ceedcd the sum paid.
The court says:
The contract In this case in its en-
tirety must be held to be executory;
Tor under its terms, payments were to
mature In the future, and the title was
( only to pass to the minor upon max
ing all the payments stipulated; but
In so far as the payments were con-
cerned, the contract was In a sense
executed for nothing further remained
to be done with reference to those pay
ments. Kent. in his commentaries,
says: IF an infant pays money on his
contract, and enjoys the benefit Of 1t,
and then avoids 1t wlienit becomes OF
age, he cannot recover back the con-
siderntion paid. On the other hand, ir
he avoids an executed contract when
he comes of age, on the ground of in
fancy, lie must restore the considcra-
ton which he has received. The
privilege of infancy is to be used as q
shield and not as sword He cannot
have the benefit of the contract on one
side without returning the equivalent
on the other"
(The court here cites several cases
and continues).
1t will thus be seen that the cases
to which We have alluded recognize
the principle which we think ought to
be applied to this case, and that is
that the plaintiff, having had the use
of the bicycle during the time interview
ing between her purchase and its re-
turn, ought, in justice and in fairness,
to account for It's reasonable use or de-
terloration in value. Otherwise, she
would be making use of the privilege
of infancy. In the absence of wanton
injury to the property, the value of
the use would be deemed to include
the deterioration In value. and under the
evidence In this case and as found
by the trial court, the use euualled
the sum paid. Reversed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
BRISTOL v. MoRGANroN.

Supreme Court of North Carolina.
December 5th, 1899.
A RECEIVER OF A BANK WHO
PAYS TO A TOWN TAXES I'M
ROPERLY ASSESSED AGAINST TT
CANNOT RECOVER THEM BACK.
UNLESS HE HAS COMPLIED
WITH THE LAW REQUIRING A
PARTY PAYING AN ILLEGAL,
TAX TO MAKE DEMAND WITHIN
THIRTY DAYS, AND IF NOT RE-
FUNDED WITHIN NINETY DAYS.
THE INTO BRING SUIT.
The facts are shown in the opinion
of the court.
agreed upon, and submitted tU-tttt.
court as upon q, case agreed q iury
trial having been waived. The cashier
Of Dlaintiff bank listed before the
proper authorities of the town OF Nor
canton the capital stock of the bank
ut a valuation of $4,000. The tax col
lcctor Of the town duly received the
tax list, and demanded from the re-
ceiver of the bank (the business of the
same being ut that time in liquidation,
and in the hands of court receiver)
the taxes due to the town on the stock
assessment, and threatened to levy on
the banks property If the taxes should
not be paid by the receiver. The
plaintiff made no demand within
thirty days for the return OF the taxes
by the town, nor did he commence the
action within six months from the date
of the payment of the taxes. The
plaintiff alleged in the complaint that
the payment of the taxes was made
under mistake of fact, and in the
brief filed by counsel that point is es-
pecially dwelt upon. There is nothing
In the complaint showing any misun-
Outstanding of the facts of the case,
even If we should consider that plead
1ng,in reference to a fact stated there
IN, after an agreed statement of facts
which sets forth no fact from which
1T might be found that the payment OF
the taxes had been filed through a mis-
take of the facts. The truth is, the
matters alleged in the complaint show
that there was no misunderstanding
on plaintiffs part about the facts of
the case. The agreed facts showed
that no such misunderstanding existed
and the brief shows that the payment
was not made under a mistake of fact
The cashier listed the taxes. which the
plaintiff admits was proper The plain
tiff knew That when he paid the taxes
but contends that the tax assessors an(
the town authorities should have as
sessed the taxes against the individual
stockholders, instead of against the
bank. The question then confrontinr
the plaintiff when the taxes were paid
was one of law-should the bank pay
them, or the individual stockholders
Inc plaintiff solved the question by
concluding, as matter of law, that he
was liable for the taxes; and. whether
ne was right or wrong (Which we are
not called upon to decide here) he
was bound by his action. It was money
paid under mistake of the law. The
plaintiff does not insist that the taxes
were assessed or levied for an illegal
or unauthorized purpose, or that they
were invalid or excessive. In fact, he
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
PopulIss Candidate for Senate.

(By Telegraph to virginian- Pilot.)
Birmingham. Ala, Jan. 24.-Hon
William NJ. Howard, of Fort Payne, to-
day announced his candidacy for the
United States Senate on the -PapulIst
ticket. The announcement had been
expected for some time. a conference
of Populist leaders was held in this city
about ten days ago, and it was decided
to put a State ticket in the field and
run man for the Senate
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
THE GARTER CONSPIRACY.
THE HEARING OF CONTRACTORS,
CASE RESUMED.

THE HEARING OF CONTRACTORS,
CASE RESUMED.
(By Telegraph to Virginian-Pllot)
New York, Jan. 24.-The hearing in
the case of the three Gaynors II. d.
Greene and other contractors interested
in what is known as the CAPTAIN Carter
conspiracy in Savannah, was resumed
to-day before United States Commits
sioner Shields. The contractors have
been indicted in Georgia, and the Gov
crpment desires to take them there for
trial.
] r. Schemerhorn, OF Savannah. and
p. Sanford Ross, of Newark. n. J..
contractors who failed to secure the ac-
ceptance of their bids. were the first
witnesses called by the defense to-day.
Their testimony was immaterial to the
point In contest.
Captain C. NJ. Gillette. an engineer
officer, who succeeded Captain Carter
In charge of the work at Savannah, was
next called by the defence. He had
previously testified for the Government
from the Office records.
Counsel for the defendants said he
had called Captain Gillette to show by
the monthly reports that all the work
done was reported upon by several Of
- 'i"N shoe tic oSSuSSu CONTRACTS
ors had nothing to do with the presen-
tation of the alleged false claims.
About sixty papers and letters, inciud-
ing copies of acts of Congress authoriz-
Ing the work in Savannah harbor and
Cumberland Sound, and monthly re-
ports of the work done, produced by
Captain Gillette. we're marked for iden-
tification. the United States District
Attorney Directing to their admlttance
as evidence.
After reciting the findings and SEN
tence of the courtmartial, the decision
in part says:
1T is not the office of a writ of ha-
bcas corpus to perform the functions of
n writ of error in reviewing the judg-
ment of courtmartial. Courtmartials
are tribunals created by Congress in
pursuance or the power conferred by
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25

CATARRH AND COLDS RELIEVED
IN 10 TO 60 MiNUTES.-One short pun
pied with each bottle OF DIR. Agnew's
o Catar Ih Powder diffuses this powder
Painless and delightful to use. 1t relieves
Instantly, and permanently cures Catarrh
Hay Fever, Colds. Hendache, Sore Throat
Tonsilitis and Deafness. SO cents Sold
by r. f. Holmes. 20
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25

meetings and literature at O future
meeting.
After prayer by Mrs. Hayes the meet
ing was dismissed with the benediction
by Rev. J. w. Carroll.
Another meeting will be held at the
same church next Wednesday after
noon at $3.50 O'clock.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25

The Virginian-Pilot will announce
again. that articles received without
the name of the author (not necessarily
for publications. but as an evidence of
the good faith of the writer will not
be published in The Forum, or any 9TH
er department of this paper. The uni
versal rule of the press Is to pay no at
tention to anonymous communications.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
PEOPLES FORUM

NOTE.-The Peoples Forum being
freely open to all parties. classes. per-
sons, views and capacities. the Vir-
ginian-Pilot is responsible for none
or the statements nor opinions ex-
pressed therein. nor for the style in
which they are set forth The ignorant
and uneducated shall he heard here
equally with the learned.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-25
JANUARY

with Its cold wea Their can be-
made moro cheerful by the use OF our
Splint Coal. ~ little higher priced than
some GOALS. but the difference in price IS
quality.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13
GRAND RALLY.

A grand white supremacy
rally and ratification meeting
will be held at Elizabeth City
on May 9Th, 1900.
All the candidates nominated
on the state ticket Except the
candidate for Judge by the
Democratic Convention will be
present and discuss the subjects
of good government, the con-
stitutional amendment and white
supremacy.
Everybody is invited to attend
and special arrangements will
be made for the accommodation
of ladies who may attend.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13
The Currltuck Convention.

The Democratic County Com
vention of Currltuck was called
to order by Chairman Johnson
on April I'd, 1900.
On motion E. Z. Johnson was
made permanent chairman. r.
Bell, secretary, and 7. J. Garrett
assistant secretary.
Or motion the chairman app
pointed the following commit
tees:
On Reso1utions-J. w. Fisher,
w. J. Take, w. D. Barnard, E.
B. Gallop and S. S. Sanderlln.
On Organization-T. ]. Tay~
lcr, A. D. Sawyer. w. L. Owens,
S. NJ. Beasley and J, E. Barnard.
On Credentials-E. d Forbes,
DR.. Cogswell, w. H. Parker,
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13
T. B. Pool and F. Bonnv.

T. B. Pool and F. Bonny.
On motion the reports of the
various committees were read
and adopted.
On motion the letter of Old
Inlet precinct was read, and on
motion @. w. Williams was
seated as the delegate for Old
Inlet.
On motion the delegates OF
each precinct were ordered to
read the vote as cast at the pri-
maries for the different county
officers and for Representative,
and according to this the follow
ing men were declared the nom
inees Of the Democratic party
for the county of Currituck
Representatives.. M. Beas
ley.
Sheriff.. E. Flora.
Reg of Deeds-G. w. Wills
liams.
Treasurer-T. P. Hall.
County Commissioners w. J.
Tate, w. L. Owens and J. E.
Barnard.
Surveyor-J. c. Walker.
Coroner-P. p. Balance.
Constables-Moyock Town
ship, A. F. Holt Crawford, E c.
Bell F.; Poplar Branch, NJ. E.
Woodhouse Atlantic, 3. J.
Hines Fruitville,
Justice of the Peace-Moy ock,
F. Lane, w. L. Wilson, E. w.
Holt era wford, w. D. Barnard g,
A. D. Sawyer, L. Walker Pop
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13
"a word to the wise is suf

"a word to the wise is suf-
6cient' and a word from the
wise should be sufficient, but
you ask, who are the wiser Those
who know. The oft repeated ex-
perlence of trust worthy persons
may be taken for knowledge.
Mr.. w. M. Terry says Cham ber-
lain's Cough Remedy gives bet
ter satisfaction than any other
in the market. He has been in
the drug business at Elkton, KY,
TO, twelve years; has sold huns
dreds of bottles of this remedy
and nearly all other cough med
icines manufactured, which
SLOWS conclusively that Cham
berlain's is the most satisfactory
to the people, and is the best.
For sale by w. w. Grlggs &
Son Druggists.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13

Having qualified as admins
traitor and administrators of J. A.
Hollowell, deceased, late of Pas
quotank county, North Carolina,
this IS to notify all persons hav~
ing claims against the estate of
said deceased to exhibit them to
the undersigned on or before the
18th day of March, 1901, or this
notice will be plead in bar of
their recovery. All persons In
debted to said estate will please
make immediate payment.
This 18th day of March, 1900
ELLA HOLLOWELL Adm X
NJ. G. HoLLowELL, } Adm1
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13
Glorious News

Comes from DR.. D. B. Cargile.
OF Washita, l. T. He writes
Pour bottles Of Electric Bitters
has cured Mrs. Brewer of scro>
fula, which had caused her great
suffering for years Terrible
sores would break out on her
head and face, and the best
doctors could give no help; but
her cure is complete and her
health is excellent" This shows
what thousands have proved.-
that Electric Bitters is the best
blood purifier known. It's the
supreme remedy for eczema,
letter, salt rheum, ulcers, boils
and running sores. 1t slim ulates
liver, kidneys and bowels, expels
poisons, helps digestion builds
up the strength. Only SO cents
Sold by Standary Pharmacy
Druggist, Guaranteed.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13
HEALTHY HOGS.

The health Of hogs does not
depend in any measure on the
promiscuous feeding Of drugs.
If proper attention were given
to all the hogs in the country,
the makers of cholera cures
would have no demand for their
medicines. When it is said they
live off the ignorance of the pubs
lie it is but to tell the truth, and
it is not saying anything against
them or their remedies. These
men who have studied hog
cholera in all its phases are the
first to say that the disease first
gets its foothold i'll filthy pens
and yards, and from drink
ing stagnant water. From this
start herds that are properly
cared for become infected, and,
if the season is favorable for the
development of the germs Of
the disease, an epidemic of hog
cholera follows, that sweeps hogs
worth untold thousands.
1t cannot be said too many
times that hogs are cleanly by
nature. They are the only
domestic animals that will
habitually have certain place
in which to deposit their drop
pings, keeping the remainder Of
the range clean if they are allow
ed to do. Give pure water and
plenty of green feed during the
period OF development and hog
cholera, if it comes at all, will
come from an outside source.
Once it has arrived prompt
measures to check it's ravages
should be resorted to and per-
sisted in until the disease is
check ed.-Swlneherd.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13

Sealed proposals will be re-
ceived until IL m. the 10th da ,
of April. for lot suitable for a
church. Said lot to have a front
age OF SO to 100 feet and a
depth OF 100 feet or more. Loca,
ton to be III the vicinity oi the
Ist. Ward.
Bids to be opened on the 10th
day of April at s p IN. preachers
study NJ. +. Church. Committee
reserve The right to reject any
Or all bids. Address
P. S. SHIP, Chm.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13
To Buyers of Gravestones.

Hereafter The Copper Marble
Works, OF Norfolk, Va, propose
to not only pay the freight On
cemetery work sold by them but
also agree to guarantee the safe
delivery of the purchase to your
depot.
This is surely fair and liberal
proposition. In buying from
them you not only avoid all
risks from loss or breakage but
as they are large manufacturers,
they are in position to quote the
lowest possible prices.
Read their advertisement in
another column before writing
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13

lar Branch, Sam'l McHarney
Z. V. Wilson, r. w. Walker
Atlantic, !. D. Collins Fruit
On motion the Representative
was requested to have E. K.
Johnson appointed J. P. by the
Legislature.
On motion the convention
adjourned.
Z. R. JOHNSON, Chr
J. R. BELL, Scc'y.
T. ]. GARRETT, Asst.
Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1900-04-13
The Appetite of a Goat

Is envied by all poor dyspeptics
whose Stomach and Liver are
out of order. All such should
know that DR.. Kings New Life
Pills, the wonderful Stomach
and Liver Remedy, gives a
splendid appetite, sound diges~
ton and a regular bodily habit
that insu1es perfect health and
great energy. Only 25c. at
Standard Pharmacy drug store.