davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
COURT DECISIONS.
0IGESTED BY W. 3. MARTIN
EXCLUSIVELY FOR
vIRciNIAM-PILoT.
Notes Of Cases Recently Decided
Which Are Of Interest to
Our People.
FRAZER v. CHICAGO.
Supreme Court of Illinois.
June q. 1900.

WHEN A CITY LOCATES A SMALL
FoA HOSPITAL. ON ITS OWN
LAND AND PROPERLY CON
DUCTS II. AN ADJOINING PROP
ERTY OWNER CANNOT RECOVER
DAMAGES FOR THE DEPRECIA-
TON OF HIS LAND BY REASON
OF SAID HOSPITAL.
PLAINTIFF was the owner Of land on
Lawndaie avenue, in the city of Chi
caSo, and the city established and
maintained smallpox hospital on land
opposite the plaintiffs, and which il
acquired subsequently TO his acquiring
ol ms land. The plaintiff sued the city
Tor damages to his land caused by its
nshment OF the hospital 50 near to 1t.
from Il Judgment for the defendant
the plaintiff appealed.
The court said
Appellants contend that the acts set
forth in their declaration constitute a
taking or damaging of private property
Tor public use, within the meaning OF
section ID of article ~ OF the consti-
tuition providing that private property
shall not be taken or damaged for pub
lie use without just compensation. The
position of the appellee is that, a neccs-
Sity existing for the establishment of a
smallpox hospital it was within the
police power of the city to locate tho
same on it's own property and that any
loss suffered by the plaintiffs is dam
mum aboque njuria.
The case at bar presents no taking
OF private property. Neither is there a
physical injury. Neither does it appear
that the city has been careless or nerli-
gent In the Maintenance OF the hospi-
tai, or that by reason of any act of
omission or commission on the part of
the city Ii has become n nuisance 10
any greater extent than is inherent to
Of ri inc
tuition.
The establishment OF this smallpox
hospital WAS clearly within the notice
power of tho city, and it is clear, there
fore. that in the absence of careless
ness, or negligence. or or an abuse of
that power in any way. the hospital
could not be a public nuisance Nor
could 1t be private nuisance. unless
1t should become such in It's subsequent
use, or unwarranted operation, having
IN view the peculiar conditions under
which 1T was established and main
tanned
We can sec no difference in principle.
between the right of a city to establish
and maintain IL smallpox hospital, and
and to erect and use jailS firc-cnginc
houses. calabooscS. and tho like. Great
or care might be required in the main
finance OF ono than the other, and diff
fercnt considerations would undoubt-
eddy enter into the selection of y site
of Il pest house than of II fre-cnSine
house or Il Jail; but the city would he
liable only for an abuse OF authority
or u nunWarrantcd exercise of d!scre-
ton in locating or maintaining the same.
having reference to the present ncccS-
stiles, the crowded condition OF the To-
cality In which they were placed. and
other pertinent facts and circum-
stances. The declaration does not seek
to charge any act of omission in this
regard. Affirmed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
ADVANCE IN MEAT.
THOMAS Upton MAKES
PILES OF MONEY.
By Telegraph 10 Nirgininn- PllotD

(By telegraph to Nirginian- Pilot.)
Chicago. Oct 3l.-Thc elimination of
the October pork corner controlled by
Sir Thomas Upton came to-day when
pork for delivery this month advanced
IS, rising on less than n dozen trades
from SIT. yesterdays closing price, TO
$50 at the close to-day.
Shorts who had held off until the last
momcht boosted tho price to 500. 1t
was said that Sir Thomas could have
made the price 500 as we'll as 500, but
he declared he had no intention of
squeezing anybody.
AS n result OF his deal here Upton
is believed to have made $3.50, 600. There
were only $4,000 barrels OF pork that
could he delivered and the Englishman
owned them ALL as well as twice that
number bought from people who did
not have Il barrel they could dcliver.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
BOUND FOR NORFOLK.
THE SLOOP LADY LOUISE BLOWN
AGROUND.

(By Telegraph to Vlrginian-Pilot.)
Atlantic City n. j.. Oct. 31.-During
the high wind last night the sloop
Lady Louise was blown hard aground
half amile south Of Cedar Creek sta
ton, one of the most dangerous places
to mariners above Barnegat The
sloop's crew of three men were taken
off In surf boat at o'clock this
morning with great difficulty by the
Cedar Creek life-savers. The vessel is
being pounded hard by a heavy sea
to- day. She is In ballast from Baby
Ion. L.. l., for Norfolk. Va.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
GAIT V. OLIVER.

Supreme Court OF Appeals of Virginia
September 81. 1900.
PAROL EVIDENCE IS ADMISSIBLE
TO SHOW THAT THE CONDI-
TIONS UPON WHICH a NEGOTIA-
BILE INSTRUMENT WAS TO BE
COME OPERATIVE NEVER OC-
CURED.
SUCH CONDITIONS ARE NOT
WAIVED BY THE MAKERS MAX
ING PAYMENT BEFORE THEY
WE'RE COMPLIED WITH, WHERE
HE HAD a RIGHT TO EEPECT
THEY WOULD BE PERMANENT
The question in this case was wheth-
er certain notes given for subscriptions
to the Wesleyan Female Institute could
be collected by plaintiff who held them
as trustee and receiver. the corpora
ton being inSolVcnt The subscriptions
were made on certain conditions which
had not been complied win, but these
conditions were not set forth on the
face of the notes The lower court held
the makers were not liable.
The court says
1t is insisted that the notes being
plain. unconditional and unambiguous
promises to pay money, cannot be va
ried. altered or contradicted by any
verbal evidence of a prior or contem-
DOronSOuS agreement between tnG
ers OF the notes and the corporation.
No rule OF law is better settled, or
of greater Importance than that n writ
ten contract cannot be contradicted or
varied by evidence Of an oral agree
ment between the parties made before
or after the time of such contract. The
object OF the evidence introduced in
this case was not. however, for the pur
pose OF contradicting or varying the
writings in question. but to show that
the conditions upon which they were
to become operative never occurred;
that this may be done, within certain
limitations. by oral evidence, is also
we'll settled.
Neither were those conditions waiv-
ed. as is contended, by the subsequent
conduct of the makers in making pay
ment on their notes before the condi-
lions were complied with. They had
the right to expect that the conditions
would be complied with and that the
money paid by them would not be used
:or any other purpose than that for
which they agreed to pay it, Affirmed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
Fifth Ward Rally Tonight.

The Fifth Ward Democratic Club
Will hold regular meeting tonight
at the club house. corner OF Bramblc-
ton and Kelly avenues. \ srcat many
matters of Importance respecting the
club will be brought up. and "a large
crowd Will doubtless he present. Mu-
sic will be in attendance, and the pub
lie generally is invited to attend
Addresses will be delivered by
Messrs. r. J. Morris and w. l.. ISckles
and other local speakers on the issues
OF the campaign.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
Kentucky Democrats win.
graph to virginian-Pilot.)

Nf1y "pIf 10 IIUtJ
Frankfort. Ky. Oct. 3l.-In the Court
of Appeals to-day the judgment of the
lower court in the contest over the
minor State Offices was affirmed thus
establishing the title of the Democratic
incumbents of these offices. Three Re
publican judges desscnted This case
applied TO all of the State offices eX-
cept Governor and Lieutenant-G Gov
ernor. the contests over which was set
tied by the Legislature.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
HORNTHAL & SON,
272 rlain Street.
SHIPMENT OF COTTON.
EIGHT STEAMSHIPS SAIL FOR
ECROPEAN PORTS


EUROPEAN PORTS.
QSy Telesrap, to Virginian- Pilot)
New Orleans. Oct. Sl.-Eight steam
ships were cleared at the custom house
to-day Tor Liverpool. Barcelona. Genoa
and Hamburg with 7G.767 square bales
oil cotton and 492l round bales. This
is the largest amount of cotton ever
cleared from any one port in one day.
These vessels will also carry large
quantities of other cargoes. such as
wheat. corn. cotton seed products. etc.
one of the vessels which cleared o-day
for Liverpool was the British steamer
Mechanician with 10000 square bales
of cotton $4,000 bushels of wheat and
5000 feet walnut lumber This is the
largest cargo of cotton ever carried
from any port. The Mechanician is n
new vessel of 9,0i3 tons. 500 feet long
and has Il storage capacity for 50, COO
bales OF cotton
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
Color Line Among women.
IBy Telegraph 10 Virginian- Plot.l

tBy Telegraph 10 Virginian Pilot.>
Mcdford, Mass, Oct. 3l.-Thc Med
ford Women's Club has voted to with
draw from the General Federation OF
Womcn's Clubs because the EXecu-
tive Board OF tho latter organization
at the Federation Convention at Mil
waukee last June refused tn seat Mrs.
Josephine st. j. Runin. who repre-
scented n club of colored women.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01

BEWARE OF GREEN FRUIT-Now in
the heated term people should pay atten-
ton TO their diet. avoiding unripc fruit
and stale vegetables which invariably
nr on c cramps. cholera mor6us. or diar-
to complaints of this kind, and no mother
can feel safe without having bottle OF
speedy cure. Avoid substitutes. there is
but one Pain-Killer. Perry Davis. Price
25c. and 50c.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01

Here's strong evidence of the quickness
and surenesa Of that wonderful remedy
DIR. Agncw's Catarrhal Powder: Tor
years | was victim of Chronic Ca
tarrh-tried many remedies, but no cure
was effected until | had procured and
used DIR. Agncw's Catarrhal Powder.
First application gave me instant relies
and in AN incredibly short while / was
absolutely cured. james Ileadlcy Dun
dec. \. Y. For sale by H. l.. Ilolmes.-i
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
Dress Goods
Stocks

are at their best. More in
quantity than you'll again see
this season. And some things,
to be sure, that you won't buy
at all, if not done promptly.
Some particularly good
things have already been clos
ed out.
Note these good things:
French FlannelS in solid coll
ors, iccluding Pink, 1t. Blue,
new shades of Green and Red.
s. cents.
Polda Dot and double-ring
effects, in desirable colorings,
IS cents.
Strillinglv attractive things
in stripes-( Polka Dots in one
OF the stripes, being a novel
leature) % cents.
60 inch VenetianS in Black,
Garnet, Brown, Navy, Gray,
Mode, Cadet, at so cents.
Plain 3olnch Homespuns, in
Stripes and Solids, 50 cents.
So inch BroadclothS in COL
orS and Black, 100.
s. inch Venetians, Black and
ColorS, 1925.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
Spruce Up a Little.

After house cleaning don't put back
all the old furniture in the same old
place. that makes life monotonous. II
you can't afford a lot of new, just call
on Williamson & Sykes SOL and 563
Church street. They carry one of
the largest lines OF medium price
goods in the city. and they will make
the terms right and guarantee the
goods.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01

Rheumatism in all its forms is prompt
~ and permanently cured by Hoods
Snrsnparila which ncutralizcs acid!ty OF
the blood
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01

a white shirt for a $500 that has a
$3.50 value.
1873 Main Street.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
THE
Joseph Brown
STORE.
To-day's Sale
of Applique
Scarfs, Pillow
Shams and Table
Covers

begins at 9 o'clock. The
lot comprises 252 pieces, and
includes goods worth as much
as IS cents.
The selection affords wide
choice and one may greatly
add to the beauty of the home
by such reasonable invest
ment.
Take choice, at
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-11-01
40.

No limit to the number you
may buy.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18
A Night of Terror.

'Awinl anxiety was felt fol the widow Of
the brave Gen Durham oc Machias. Ne, when
the doctors said she could not !irc till morn
ing" writes Mrs ; II Lincoln, vino attended
her that fearful night "All thought she must
s'o" die from pneumonia, but she begged for
pr Kings New Discovery, saying it had more
than once saved her life. and had cared her Of
consumption. After three small doses she slept
easily al night, an! lis further use mplcttly y
cured her. This marvellous medicine is guar.
aHtcci to cure all throat, hest and lung dis
eases. only soc and 81. Trial bottles free Il,
j + DcLorme'S drug store.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18
Magnolis Items.

Magnolia, 8. G., July l6-Ths condition
OF the crops iu this section Vas . little i'm.
proved By the recent light rains, but tho past
two or three bot days are taking the starch
out Of them sgais, 20 to speak.
An old and well.koowu colored woman.
Sarah Fleuming, died quite suddenly and
very unexpectedly on Saturday moruisg last.
She wss quite lively add we'll the day before,
and wss Ill only . few minutss- plsped
OF pain 10 her chest and nausea, a. testified
to By her two daughters, tho only Witnesses.
Suspicion Of foul play made it necessary to
hold sn inquest over the body, the verdict of
the jury being that she died from natural
causss-prssumably, heart failure.
NJ. Phil Miller 10 at bic fathers on q visit.
tor the purpose Of rscuperation. BE has been
sick and bears the signs of it.
Ars. PHILIPPE. wife Of tho pastor of the
Baptist Church 10 this PLACE, is i'll.
Ais' Lucy Mcleod is still slowly improv.
iug.
Mrs.. J. D. Clark is a little improved, but
still quite weak.
NJ. George W. Stokes has fever, and is
threatened with typhoid fever, It 10 feared.
Ars. B. F. Jones is improving.
Mrs. J. A. Rhame has returned from Ter
visit to Rafting Greek.
Miss Kate aud, her brother, Ed AcCutcben,
OF Sumter, are visiting at Mr.. J. n. Miller's
10 THE place.
AZ per agreement the Lynchburg third
oine played Timmonsville on tho lattsr's
grounds on last Friday evening. The score
stood to l9 10 favor Of Timmonsvills. The
same mines will play here tomorrow (Tues.
day. evening. Lynchburg and Timmouville
hfss mines will play on Wednesday afternoon.
This will be an Interesting and exciting game
~ both oioes will have picked players, and
the game will be played for all it 10 worth
90 Timmoosvilie ground.
Ar. Editor, 80 90 many questions are asked
about the foreign legations in China, as to
their strength, position. number, means of
defense, &C., &c please e1plsin for the benefit
OF the readers of your valued and popular
paper. Occasional,
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18
Remarkable Fall Of Rain IN
Texas.

II may be Of interest to tho "oo,tcn"
readers to know that Galveston, Tex.
bad, 10 the 48 hours ending Saturday
morning. tho Extraordinary rainfall Of
IA IS inches, while Corpus Christi had
4 90 inches. The latter poiu. is
usually raioIess during the GUNNER
season. or has amounts scarcely appre.
clable. The rains we're due to q storm
centre located south of Galveston
apparently moving northward With a
liks|ihood Of showery weather. but DOT
necessarily excessive rainfall over the
en'lre cotton belt during the next week.
but the area of showers may not reach
the Atlantic coast States, as the move
ment of the storm is as yet uncer,aio
Dallas, Tex, July 25 Northern
Texas has been deiuget by rain fer
more than II hours aud the indications
are that the storm has only begun.
The downpour here was terrific most
Of the day. The streets were uikc
creeks and many easements we're food.
ed. The Trinity river is rising and
bulletins from Fort Worth and other
points Indicate that large volumes cf
water are coming from the upper perts
OF the river. Wire reports show the
TIin has been general
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18
II 1T RIGHT
For IN Editor to Recommend
Patent MedictnesP
II TT RIGHT

From Sylvan Valley News, Brevard, N. G.
II may be quss,iou whether the editor Of
. nswspspsr hss the right to publicly recon-.
mend any Of the various proprietary msdi.
cinss which food the market, yet - . pre-
vsntivs OF suffering ws feel 1t duty to coy Q
good word for Cbsmberlsia's Collie, Cholers
and Disrrh1s Remedy. We have known
snd used this medieios In our family for 20
years and have always found It reliable. Iu
many easss doss Of this remedy would save
hours Of sufsring while physician 70 await.
I'd. We do not believe 10 dspsudiog imp!ic.
lily on any medicine for . cure, bu, ~s do
believe that II . bottle Of Cham bsrlain's
Disrrhea Remedy we're kept on band and
administered at the inception OF IN attack
much sunssiug might bs avoided aud iu very
many cases the presence Of . physician would
not DO required. At least this has been our
experience during the past 20 yesrs. For
sale By Dr.. A. ]. China.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18

Sale Of Main Street Property.

The sale Of the property on Main street,
usually called the McElhose property, and
which has been tvlked Of for several mon tbs,
has been finally consummated, and the papers
were put upon record Thursday. The store
now occupied by Miss Mcdonald was bought
BY Mrs. Lura B. Bultmau for So, 700. 1t has
front OF 27 feet inches on Main street,
and depth of 2253 feet.
The store next, now occupied By Kennedy g
book store. having l6 feet front with lot 2251
feet long, was bought by Shore Brothers for
$l,l00.
The store next, occupied by Sam Weeks
and J. A. Schwerin, "a feet wide and lot
same ss the other, was bought by j. Gren.
Vile DeLorme. for $2,200.
The purchasers will occupy the different
places for business as soon az they are vacated
by present occupants. Dr.. DeLorme expects
to build new store upon his lot 10 the
course Of the next year.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18
A Strange New Cotton Pest

Ncwherry, July 16 A prominent
farmer from No. 8 township wss IN
town Saturday and reported wha, i,
causing much alarm among the farm
crs. An ins9c; Of greeni:h color. r.
se;nb!ing large mosquito, or wcavcl
has made l;s Appearance in thst eoction
and ;s completely destroying tie cotton
crop, The iosoc. deposits eggs or tie
unda' side Of the leaves. and in faw
days he leaves wi,her up aud drop CT
and the stalks dio. The farmer re-
ports that be had field of eigh. acros
which promised yield of bale 10 the
acre. but says it will not now make fv,
pounds to the aero.
lie had some OF the insects 10 town
Saturday sod SEQ: them to Prof. New.
man. M Clemson college, ss its like
bad never been seen here.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18
CAUGHT BY THE SAW.
Mr.. Joel E. Brunson Loses the
Left Forearm.

kingstree, July Late this afternoon
Mr. Joel e. Brupson, While superintendi din z
the work of his shngle mill, unfortunately '
got bis left army entannled 10 the saw of the
same and before the mill could be stopped bis
lett haod aod part Of the arm vas crushed
and almost entirely cut off. Mr.. Brunsou
was Immediately brought into town. Drs.
Scott, johnson and Epps we're called 10 sud
the Injured arm was amputated just below
the elbow. The injury is serious and pain.
FOL, but Ar. Bruusou is doing 90 we'll as
cosld be expected.
hr. Bruoson 10 one of our best and purest
citissus, and be has the sympathy of our
whole people Ia this terrible misfortune.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18
United States aud China
Technically at Peace, and
Outrages May Thus be
MORE SPEEDILY AVENGED.

Washington. July 16.-The deoi =.
sioo OF the administration is that the
United States government is still not
At war with the government of China.
The big happenings at Tien Tsiu, com.
ing on top of the stories of the last
struggles at Pekin have not affected
the attitude of the administration 90
this point; the United States and
China are technically at peace. But
this statement should not be accepted
as indicating . purpose 90 the part of
the United States government to hold
Its hand in the administration of swift
and adequate punishment upon the
Chinese. without regard to station.
who may be responsible for the out.
RACES of tho past few weeks.
1t mesns simply that the govern me ut
OF the United States feels it can bes,
achieve that purpose by regsrdiue the
status officially as one of peace. To
bold otherwise would seriously cripple
the government 10 ito efforts to obtsiu
Satisfaction for the outragss tho Ameri.
cans in China have suffered. We
should find the ports Of China, now
open to us. closed and all sorts Of im.
pedimeuts would be encountered which
DOW are missing.
Therefore according to tho admins.
tratlon view, . declaration Of war would
sfford not even . seehnicai eaiu while
1t would DO actually heavy drawback.
Chairman Cannon Of the house %.
propriations committee. 10 authority for
the statement that money 10 plenty 10
At the disposal of the president to meet
tho present emergency. and that there
is no necessity for . called session OF
congress on that score.
Great reluctance was anifes.ed on
the part of the participants to answer
questions ss to tho nature of the delib-
erstions. The best iudiostion of it.
ostare was the departure for tho White
House of Secretary Hay imued i.tely
after tho meeting. He eat down and
held long talk With President Mo.
Kinley over tho long distance tele
phone and it soon beosme known thu,
The president had decided that it would
DO bess for him to come back from
Canton to the nstional capital.
The cabinet officers talked over The
possibilities Of reinforcing the troops in
Cbins. There Was no disposition showu
to withhold these troops tho only ques
ton Was 10 to the amount of sdditionsl
force available. That was . teehuiea
question. 90 it wss left to The vs,
department ofioisls 70 decide. Tb.
only poist laid dowo vas that .he
government would send forward oil The
troops that could be spared st thi,
time.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-07-18
Cold Steel or Death.

"There is but one small chance to save your
ife an that is through m operation" was the
awful prospect set before Mrs I B Hunt, Of
Lime Ridge, Wis, by her doctor after vainly
trying to cure her of a frightful case of stom
ach trouble and yellow jaundice. He didn',
count on the marvellous power Of Electric
Bitters to cure stomach and liver troubles, bu.
she heard Of it. took seven bottles, was wholly
cured, avoided surgeons knife, now weighs
mere and feels better than ever. It's positive.
ly guaranteed to cure stomach. liver and kid.
ney troubles, and never disappoints. Price
500 at J F W DeLorme's drng store. /