davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-17
SLAUGHTER VS. O'BERRY.

Affirmed.
municipal corporation has the right to pro-
tect its public sewerage from improper uses,
but this right should be exercised in a reasona-
bic and should not affect more than
necessary, the private rights of citizens.
The defendant is the chairman of the Sewer
age Committee of the City of Goldsboro, with
power to grant privileges of connection with the
city sewer upon the following terms, as speci-
fed in the city's ordinance; That connection
shall be made but by some person elected and
licensed by the city to make such connection;
that the work shall be done under the supervis-
ion and direction of the city's inspector, and
that the city shall furnish the material and do
the work of making the connection to within
three feet of the building to be connected That
the application for the connection shall be in
writing setting forth the location of the build
ing to be connected and the purpose for which
The sewer is to be used, etc, and that the ap.
plicant shall deposit a sufficient amount OF
money with the city to defray the expenses of
the connection. The plaintiff has been licensed
to make such connections and has made ap
plication to connect a certain house with the
city sewer, having complied with the require
ments Of the ordinance except as to making the
deposit and asks the privilege of not comply
ing with that requirement and for furnishing his
own material for the work and of doing the
work himself under the direction of the citys
inspector. The application refused and the
plaintiff prays for mandamus to compel the de-
PENDANT to grant his application.
Held, that the city had the right to require
that the connection should be made by its IL
censed officer and that the material furnished
should be proper and subject to the approval of
the city's inspector and that the work be done
under his supervision, but the city had right
TO compel the plaintiff to buy the material
from it or to compel the plaintiff to pay it to
DO the work.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-17

New trial.
Plaintiffs and defendants are heirs at law OF
Gflley Wick, who died intestate seized OF the
land in controversy. The plaintiffs claim that
they are the sole owners of the land of their
mother by reason of an oral agreement between
plaintiffs and defendants that if plaintiffs would
convey to defendants the plaintiffs interest in
the land Of the father of the plaintiffs and de-
PENDANTS. the defendants would release to the
plaintiffs and defendants interest in the land
of their mother upon her death. The plain
tifs in accordance with this agreement conveyed
to the defendants their interest in the land
Of their father, but the defendants agreement
to convey to the plaintiffs was not reduced to
writing;
Held that the contract OF defendants cannot
be enforced, being void under the Statute Of
Frauds. but equity will not permit defendants to
hold both the interest in the fathers land con-
veyed to them by the plaintiffs. and their in.
tercst in the mothers land which the plain
tifs claim.
Held further that the plaintiffs and defendants
are tenants in common OF the mothers land and
the plaintiffs entitled to their interest which
they had conveyed to the defendants in their
fathers land.
breach Of contract cannot be pleaded as an
estoppel.
FINCH. RICHARDSON co. vs. GREGG, Ell
AL.
Modified and affirmed
In January, $780, the defendant. Gregg In Chi
cago, sold to the plaintiffs at springhope, n
c.. q car load of corn. Gregg drew upon plain.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-17
OPPORTUNITY IS THE CREAM OF TINE"

Now is your opportunity. There is no time
when the system is much in need If good
medicine, like Hoods Sarsaparilla. and II, time
when it is so susceptible to the benefits 10 be
derived from such medicine. BY purifying. en-
riching and vitalizing the blood and toning up
the system Hoods Sarsaparilla starts gou yiQht
for a whole year OF health.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-17

It's a good plan to keep an eye on the
individual who Is always telling you that
it takes a thief to catch a thief.
New-York tribune., 1900-12-22
RAILRoAD EARNINGS AND EXPENSES.
FIGURES FOR THE LAST FISCAL YEAR GIVEN By
THE INTERSTATE COMMERCE COMMISSION.

FIGURES FOR THE LAST FISCAL YEAR GIVEN BY
THE INTERSTATE COMMERCE COMMISSION
Washington, Dec. 2.-The preliminary report on
States for the year ended June 30 1900 prepared by
the statistcian to the Interstate Commerce Com
mission contains returns of operating railway COM
panies representing 100 4O6 miles of line.
this report s,4SO 673O54 s76 to the mile of
line. OF these earnings, 1885, $780, 760 cassed as
passenger earnings and s04S2 1875 freight
ings The gross earnings shown in the final report
for the preceding year S1,31S 6011S Operating
expenses for the last fiscal year aggregated $685.
S14142, 5025 to the mile of line The net earn
ings of the roads embraced in this advance report
1923 1858 92 for 1900 $7311O747 more than they
for 1899. Income from investments and other
sources amounting to s6O675,7O0 was received so
that the total income was 1854, 4,5S4 612
The total deductions from income were 1896 81. -
056 This item includes interest on bonds. rents Of
leased lines, taxes (4 1896 1861 other charges to
income. The amount of dividends declared was
$109 400 47. which is $27 3SS greater than the
amount declared by corresponding roads for 1899
The resulting surplus from the operation of the
roads covered by this preliminary report was s79-
323.409. The surplus shown in the final report for
the preceding year was $53,O64.S77.
The amount OF dividends stated, the report ex-
plains, does not include the dividends paid to stock
holders by railway companies the mileage of which
control - ~
New-York tribune., 1900-12-22
VANDERBILT TRUST INCREASED.
ROBERT MAZET FILES REPORT AS AP-
PRAIsER-CHANGE IN TAX ASSESSMENT

Robert Mazet appraiser yesterday filed his
report OF the present value of the trust fund of
S5,0e00o0 left by William H. Vanderbilt to Cornelius
Vanderbilt. with the right of disposal to Cornelius
at S. 421. .0a2 30.
Cornelius Vanderbilt left 100000 of the fund 10
his Cornelius, the rest to be divided equally
between his other four children. Mr. Mazet finds
that Alfred G. and Reginald c. Vanderbilt will re-
ceive s1,4so,273 Il each and Gertrude Vanderbilt,
now Mrs. Harry Payne Whitney. and Gladys NJ.
Vanderbilt. will receive s1.4SO,273 13 each.
1t was announced yesterday by President Feitner
OF the Tax Board that a change had been made in
the assessed valuation of the Cornelius Vanderbilt
estate. Mr. Vanderbilt paid taxes on 100000 worth
of personal property. The estate has been assessed
for taxation at S6,00000. If the assessment stands
instead of receiving 5000 the sum Mr. Vanderbilt
paid on an assessment of s40000O the city will re-
ceiVe SS5SO00. All the Vanderbilt estates under the
assessment for taxation next year assessed at
approximately s25,00000o, which is a much larger
amount than ever before. OF the estate of about
5I2OOO.O0 left by Cornelius Vanderbilt the Tax
Board finds that about 100000 is assessable for
taxation.
1t is said that several other large estates and
fortunes will be assessed much higher this year
Mr.. Vanderbilt and the attorneys for the estate
were not inclined to discuss the matter yesterday
but intimated that the proper steps would be taken
10 conserve the rights OF the estate and to pre-
vent the Tax Board from improperly infringing
the rights of the estate.
New-York tribune., 1900-12-22
A NATIONALIST MOVE THWARTED
CHAMBER OF DEPUTIES REFUSES TO TAKE u
THE CUIGNET CASE

CHAMBER OF DEPUTIES REFUSES TO TAKE UP
THE CUIGNET CASE
Paris Dec 21.-The Chamber of Deputies today
at the request of N. Waldeck- Rousseau the
Premier. by vote of 800 to 1872 decided to posnons
NJ. Lasies motion TO interpelate the Government
on the Major Cuignet incident until all the other
orders OF the day disposed of thus shelving
the Nationalist attack indefinitely and giving the
Government vote of confidence
The Minister Of War. General Andre has inAict
ed on Major Cuignet sixty days confinement in
the fort This is disciplinary punishment for dis
obeying General Andres orders when called before
him yesterday, when the General asked the Major
Tor an explanation Of his conduct in first disclos
ing TO a Deputy M. Lasies. a confidential docr
inent OF winch he obtained knowledge while nj
Iached TO the Secret Intelligence Office of the uar
BBepartnent and, second, in writing directly IN The
fIener NJ Waldeck- Rousseau to accuse the Mi
!Ster OF Forelgn Affairs. NJ. Delcasse of fasehood
I4ereDy transgressing the regulations which reouire
oIiGeIs OF the army to forward all letters of com
PAINT rI through the proper hierarchial channels
al ne : MAJOR VIII atterward appear before conn
ci s OF inquiry which will investigate his princinaI
It OHIehte' that o. divulgng document Connected
61iL the fallnlzzardi dispatch which figured In tha
DTeiuS court-martial at Rennes " ''e
IN IN tne mean while the Major is imprisoned in
Cei at tort Mont Valerien, adjacent to that in
Whlch Lieutenant Colonel Henry committed sui IL
ciue. Nobody is allowed to interview him sur
New-York tribune., 1900-12-22
CHRISTMAS AT THE STORES.

o'NEILLS, Sxth-ave., Twentieth to Twenty
first-st., have sale house coats in English
cheviots and fine matelasse garments at reduced
prices; mems bath robes. high class neckwear and
fancy dress shirts
W. & ]. SLOANE. Broadway and Nineteenth-st.,
are offering Oriental rugs, rare silk rugs and
antique runners fur rugs for drawing rooms, silk
pillows and French furniture, including small
tables and writing desks, pedestais. screens and
odd chairs.
JAMES MCREERY & CO. Broadway and
Eleventh-st, offer a stock of fancy goods at
duced prices womens gloves in fine glace kid
heavy cape and heavy castor. mems neckties, made
of this seasons novelty silks, and clearance sale
of women's silk hosiery.
JOHN WANAMAKER, Broadway. Fourth-ave,
Ninth and Tenth SITS, advises that errand be
done to-day as there will be plenty to hurry and
worry over on Monday. The store has for Christ
mas velour Jackets. group of almost forty, from
Louis Craner. In watches and jewelry a large va
riety is hand, including diamonds and Swiss and
American timepieces. The fur department is on the
second floor.
New-York tribune., 1900-12-22
LUMBER SCHOONER STRANDED.
CREW LANDED BY BREECHEs BUOY NEAR
CAPE HENLoPEN-ANOTHER YES
Sci. IN DANGER.

Lewes, Del. Dec. 2.-The schooner N H. SKIM
ner, 2s4 tons, Captain E. Wheatly, with lumber
from Wilmington, N. c.. stranded early this morn
ing on Cape Henlopen The Lewes and Henlopen
life savers rescued the schooner's crew of nine
with the breeches buoy in severe hailstorm The
life savers first boarded the schooner with life
boat hut the caDtan and crew refused to leave
her, as the tug North America had arrived and
run a hawser to the schooner. and Captain wheat
ley expected to be foated at high water north
east gale. with hail. set In. however, and the sea
making a clean sweep over the STRANDED
vessel compelling the crew to take to the rigging
and signal for help. They were then landed In the
breechas buoy When leaving the schooner one
the life fell into hole in the deckoad or
lumber of the schooner and injured his left arm
An unknown three masted schooner Is riding at
anchor in a bad position Hen and Chickens
Shoal, off Cape Henopen: A severe northeast
snowstorm has been sweeping the coast SINCE a.
m with the wind blowing thirty-hve miles an
hour
New-York tribune., 1900-12-22
QUARREL IN DOCK DEPARTMENT.
ALLEGED PERMISSION TO DUMP CELLAR
DIRT ON PIER THE APPARENT CAUSE.

Dockmaster l.. Hitch Harrison was tried yester-
day before the Dock Board charges Of neglect
of duty preferred by Secretary Burke of the De-
partment 1t was charged that cellar dirt had been
dumped Pier No. 2s East River last August
contrary TO the rules of the Department. Counsel
for Harrison admitted that cellar dirt had been
dumped on the pier, but pleaded in excuse the ex-
tent of territory Harrison had to watch
Harrison. in his defence, said that the pier
leased by the Degnon-McLean Contracting
Company, ami that going TO the company's
Office to complain Of the infringement of the De-
partments rules he had been told that 1t was done
by permission CT Commissioner Meyer He had re-
ported to Assistant Secretary Farley and Assistant
Dock Superintendent MouIey. who had told hin, to
let the Degnon-McLean Company continue as n
was until the next day, Saturday September /
and then stop ii. Harrison said he had obeved
those instructions
After the Board had adjourned Commissioners
Meyer went into his Office. and minute later AS
him
The reporter waited In the corridor for an oppor-
tunity 10 see Commissioner Meyer about Harri-
sons testimony. Suddenly a loud dispute was
treasurer of the Board which connects with PS my
which Commissioner Meyer and Mr.. Freedman had
tions shouted in tones audible throughout he
long corridor. Awestruck employees came OUT in
the corridor listen and discuss the Quarrel bt
the reporter was not allowed to approach the door
of the room. ~ ''
When Commissioner Meyer came out of III.
cuss the testimony of Dockmaster Harrison u.s nc
garding the alleged understanding between the
Mr.. Murphy could be seen company
AT the office OF the Degnon- Mclean Comnanv g
Mclean had no knowledge OF the affair be sadf AIT
we are paying for the pier he said "a saiu @
there am sure we have We u6 nnf 6 Whatever like
we were not permitted to do my 'iihs that
New-York tribune., 1900-12-22
ASTOR HOUSE PROpRTPTop ~,

ously i'll at his home Ne 2n Iexineton-,,a Sea
has been suffering from rheumatism for aho,+ .
year. and recently complications have set - -,
have caused the family some uneasiness Mr. Ala
Is wiaeiy @ known as hotel man. The firm of Allen
Dam or which he was the senior nartrar go,
the Astor House in 1915. Mr. Dam died g. ~ oN
hter ana SINCE that time Mr.. Alien has eondS,cfS
the mouse; SINCE the death of Fl r RoitL oipuGIed i
summer NJ Allen has paid more attention n last th
sig seaourlg uelalls or the business. Mr. keith vvas
Peay PforsS to teSerfhng cb e. to him The increased work
down under H. Mr.. Allen is sixtvtneoh nn mas broken
ana ASIDE from bis town house he has a5s ant old
place near Poughkeepsie s country
New-York tribune., 1900-12-22
zoLA FOR A FIGHT TO A FrN1st,

farls' Dec. p, a. m.-'The Aurore' publishes
eiiS morning seven column letter from NJ Emile
Aoia to President Loubet, protesting in cbarac+or
lsucaliy eloquent fashion against the passage of
the amnesty BILL which he stgmatizes as a
grave fault of the Government NJ. zola saws.
~, am confident that the day has arrived v,h.
shls error or amnesty is recognized as well q " ts
ti " me gross betrayal by the second condemna
non OF DreyIps 1t is the duty of the Covarnn1nt
H. P1l %e Ihe DTeytus case again in the hands ~
OF Sassation and to allow all the cases
tp ppeCleu e win It to be fought out thus giving t@
me me french nation lesson in truth and eo1tv
SIchout Sat Wnlch IL will never be appeased sTha
eit eIliIIeht however has decided upon a, or,n
Ing tbe e-aeclded to stifie the truth thus pIung
ans the country into nightmare. -s
ne ne ehumerates the accusations of the famous
accuse letter, each of which he saws has hean
pi'.eu' ana he emphasizes the injustice TO himses
including me among a number of guilty men
" no escape under cover OF the bill"
predict, he says in conclusion .'that ,h
"iaie Is not yet finished. The fourth act Nc
Pga PeognI az Hennes but there is hound TO be eftb
possnsstdio iof set that the German Emperor Is In
Il fII5ssioh ms on Of the truth and viii be able To throw
Tbiss y We face OF France when the hour eop,as
feared detIn4yng an4 nth act is the have aiwavs
ainanii atn the French Government ought ro. 90
ho1r TO accept the terrible evenIuaiity iof
New-York tribune., 1900-12-22
GUNBOAT ANNAPOLIS ASHORE.
NORTH ATLANTIC SQUADRON DETAINED
SCHOONER EMBLEM CUT DOWN

Norfolk Va Dec 2-The gunboat Annapolis
went ashore last night at the mouth of the West
ern Branch near the Red Can Buoy Her crew had
raised her anchor and about TO put out an
other, when the strong tide carried her aground @ i'd
The tugs E. V. McCauley and Katie nave lines on
her and are endeavoring to pull her off 1t is not
believed that she will be much damaged.
The vessels of the North Atlantic Squadron are
stormbound in Hampton Roads. The gale outside
IS severe. but in the sheltered inner haroor while
dragged their anchors. The small shipping Is seek
harbor there many larger craft at anchor.
Newport News, Va, Dec 2-The Chesapeake and
Ohio liner Rapidan went aground in Hampton
Roads yesterday afternoon. but fioated last night
high tide and proceeded to Liverpool There Is
no truth in the report that a battleship Is aground
New-York tribune., 1900-12-22
GALE ON VIRGINIA COAST
THREE LIVES LOST IN WRECK OF AS
PHALT SCHOONER-F1VE MEN RES
CUED IN BREECHES BUOY.

Cape Henry. Va. Dec. 21.-By telephone from
Dam Neck Station it is learned that the schooner
Jennie Hail, Captain Lawson, from Trinidad to
Baltimore with asphalt, which stranded eight
miles south of Cape Henry at g. m' is total
loss. The captain and two men were drowned
but the bodies have not been recovered four
men nearly died from exposure, but were res
cued in the breeches buoy. One man still chung
TO the mizzen crosstree. Two lifesavers went
off in the breeches buoy to save him, but being
a large man and benumbed by cold, they couid
not lift him into the buoy.
New-York tribune., 1900-12-22
SECOND FURRY OF SNOW THIS WINTER
IT MAKES WALKING DISAGREEABLE,
CAUSES DISCOMFORT FOR HORSES
AND MELTS QUICKLY.

For the second time this winter snow fell yester-
day afternoon, and, like that which fell the first
time there was little of it. 1t made the pave
ments and sidewalks Shiny, but beyond that 1T did
not amount to much Horses slipped as usual
under such circumstances on thestreets paved with
asphalt.
1t not surprise to find that snow was fall
ing when people left their offices at o'clock. The
sky had been overcast all the afternoon with the
heavy gray pail that usually means snow when it
appears in cold weather. The fakes were more
moist and larger than in the previous storm, owing
to the higher temperature Fair weather is prom
ised for to-day.
New-York tribune., 1900-12-22
THE NAMES HOSPITAL WORK TO END

London. Dec. 2l--Mrs. George CORVALLIS
West twho was Lady Randolph ChurchilD has
received cable dispatch from Hong Kong say
Ing the American hospital ship Maine will arrive
at Southampton January 10, with los sick men
on board.
After consultation with the naval and military
authorities in China the Government. bas do
cided that the Maine Will not be further needed 8.
on her arrival here, the ladies' COMMITTEE
VIII kind up the business and hand her over IN
the owners Of the ship.
New-York tribune., 1900-12-22
WU-CHANG AN OPEN PORT

London. Dec. 22.-"The Daily News publishes
the following from its Shanghai correspondent
dated yesterday:
Chang CTlh Tung announces the receint NJ an
edlct authorizing the opening of Wu-Chang op-
poslte Hankow, 10 foreign trade. wu-Chang is
the centre of important trad,. and the site
OF the terminus Of the Canton railway
Chinese papers assert that the anti-dynastic
rebellion in the Province of Kan-Su is becoming
serious end is likely to compel the Court 70
depart ~
New-York tribune., 1900-12-22
Centre line.
9Sth Street.

The approximate amount Of the lien charge. O. -
isfy which the above described property Is TO be s1
S5 Tdl 40. with interest thereon from the eisht9 &
December 1900. together with costs and ahoss- -
amounting To $+S60o together with the expenses e
sale. The premises viii be sold subject % pEe ,ao
Tor Sl6.52C.Oo and interest from August st
now held by the New York Life Insurance ana ana s~i
Company. also 20 prior mortgage for StIa~tWs,~-a
interest from August 2Sth 1SO0 held oy Nsss
Jacobs. also to taxes, assessments and otns -"
amounting the OF SS9a-OS and interest
Dated New York. December tesh i90O
ALFRED STECkLEft. kelel----.
New-York tribune., 1900-12-22
foreclosure Sales.
SUPREME COURT. County Of New YorE-

SUPREME COURT. County OF New York
rheodo1. satsler and another Executors. &C..
~ pursuance OF 1Isnent of f9rseosure and sals dy
dats December or. 800 me pneerslgned the Referee
New York Real Estate SaIesFooms NO III Broadway h
b ss sSr9uTh s y scss t ian city q - 06 New Yo on @
da 5y PsisG ad dsra M2ys & sa aSd % %
follows
ana an Osat t9at Gsa. s1 m e. Ss; Ps9 or % parcel % q % & t @
~ fTst st. Avenue @ and AEenue A. in the ssvsnieenh wrt
certain Map in possession Of William Astor BY nun
RegnnnT az ana b6n on a4s the Sa1sr as % 1 y A
Street distant one hundred and fifty feet West ne
and parallel with Avenue ninety feet and onshalt
Sixth street iwen:yvs sst and thence sou,Ser 3s an. =
nth & sa 10 ad Rd line Sixth 9s @ 9 ] s0d
thence Eastery along said line sixth street twenty-five
feet in width In front and by ninety feet and
daensions more eSr.i or ess 'a1 7''e- -s'''''
Toeether with an singular the ediaces, build
unto belsngng or wise appertaning. and also
unexpied property possession claim and what
Bernhard o. IN and to tie ad dsuissd premises Sad sn
and also the aaid fnentgre Of lease ian and egsry ss
article and condition therein expressed and contained
Or any either Of them . certain ID
Astor to John J. Tamsen Tor the term Of 20 years s5
Nav !st 1ss0 and which IS recorded n the Registsg
page So which lease by several nssns a
sisnment made by Edvard J. II Tsmsen dated As
18th 1855 recorded said Registers Once OF
York County IN LbeT 1882 OF Ccnveyances 247
April 30th 1855
Ard also an the 5ieht title and interest o. The DE-
tion renewal of the above mentioned BY
the Executors OF William Astor BY Indenfurs
Lease made ~ James Roosevelt Roosevelt Henry Ey
and Douglass Robinson Trustees under
and Testament Of William Astor, deceased.
fendant. Annie Stuebing dated 18th 1900.
corded In Registers County York
May 18th. 1900. Block CConveyancesl Sec
tion Liber n page 4Ss and lndexed under Block Nun
Der 4SS the Land Map Of the City OF New York. but
which should be ndeXed Block 434 tns
Land Map OF the CITY Of New York
Dated New York December 9Th. 1900
JOHN n. JUDGE. Referee
JOHN e BRODSKY. Attorney plaintiffs. 1851
bers Street. Borough Manhattah. City Of
The following is diagram of the property TO be Sold
Street.
New-York tribune., 1900-12-22

fenced to two and half years imprisonment "i
loss of citizenship for five years c,,f 80 the
Won Meerscheidt Huelessen. the CheI nd e, o cone oe
frn.inaI Denartment who suspended III CON
nacainn with the Sternberg trial. died at noon ln
s5sv his death being due to nervous prostrd'ioh
resulting the trial.
New-York tribune., 1900-12-22

I41st Street No. 3O1 West 14Ist ST.
The approximate amount Of the lien charge SATISFY
which the described property is Sold
thousand three hundred and thirty lclrs. with iner
thereon the 9th day Of November 1900 together
with and allowances. amounting hundred
vember 2Ttk 19OO together with the Of the Sa
The approximate amount of taxes. Other
liens which to be allowed to the purchaser Of
the purchase money paid by the referee corner
lot being Number SO1 West 141s Street. $12569 and
interest and said lot is TO be sold subject moTgag
Of $4,000 with interest 57c from March 18th 1900 On
account of which interest there has been paid $4,000
The approximate amount Of the assessments Or
other liens which be allowed the purchaser
Of the purchase money paid by the Referee Num-
Der 2645 Eighth Avenue, is S96O2 and and sad
lot is to be sold subject to mortgage of $4,000 with
interest at 5o from February 4th 1900, account o
which interest there has been paid S350.00.
Dated November Both, 1900.
SAMPSON H ME,INH ANDI.E.E Raferaa
New-York tribune., 1900-12-22
FIGHTING BoXERs AND REGULARS
a WARL1KE REPORT FROM COUNT Won
WALDERSEE.

Berlin Dec 2l.-A dispatch from Field Mar
hhaI Won Waldersee, dated Peking, December 10
says:
Huendells column. marching from Shan Hal
hNen, successfully encountered force of Roy
ers December il at Yung-Ling. near the East
ern imperial Tombs. Fifteen Boxers were killed
one thousand Chinese regulars. under Fang
DO Ling have been driven out Of Lu-Tai They
rec 10 the mountains, northwesterly. on Guen-
delPs approach