davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
COURT DECISIONS.
|DlGESTED BY w. 3. MARTIN
EXCLUsIvELY FOR
vIRciNIAM-PiLoT.
Notes OF Cases Recently Decided
Which Are of interest to
Our People,
EUpANK V. BnoUauroN.

Hsupreme Court of Appeals Of Virginia.
July S, 1900.
R|BEFORE ADMITTING A,CHIDD TO
a SCHOOL. THE SCHOOL TRUS-
Il TEES MUST ASCERTAIN WHETH-
Err HE IS WHITE OR COLORED.
WILL NOT LIE TO
H CONTROL THE ACTION OF THE
BOARD IN SUCH A CASE, AS
Il CODE SECTION 1889 PROVIDES
Il AN ADEQUATE REMEDY.
This was an application for q man
Hdamus to compel certain school trus-
Htees to admit petitioners child into o.
Hschool for white children. The trus-
tees Claimed the child was colorcd.
/ The lower. court granted the manda-
mus. being of opinion that the child
was white. and the trustees appealed
The court says:
/ 1t is the duty OF the board to assign
white children to school for white chill
Edren. and 1t Is none the less their duty
Ito assign colored children to the schools
FLOR colored children. When the qucs-
H ton arises as to the color OF Il parti-
cuiar applicant the board must take
Nevidcnce and make such disposition of
the matter as shall seem right. Here,
then. Is duty which calls for the ex-
Gercisc OF judicial discretion. 1t is true
that when the fact Is ascertained the
lduty Is plain. When the status of the
applicant is fixed by the Judgment
upon the evidence. the law itself as
Hsisns him to the proper school. The
law has seen III to confide the deter
Aminatlon Of the question to n board OF
school trustees. and the discharge OF
the duty thus imposed upon the board
involves. as we have seen, the exercise
or judicial discretion. and the court
cannot control its exercise. But the
decision OF the board is not final. II
petitioner felt himself aggricvcd by It's
iaction, he had under the Sth sub -divi-
Sion Of section 1879, of the Code. n right
TO appeal to the County Superintendent
lof Schools. who IS given jurisdiction to
decide finally ali appeals or com
lplaints concerning thc'acts of any per-
sons connected with the school system
within his bounds, unless the matters
In question nre properly referablc to
other authorities" SO there are two
IgroundS upon which the Judgment com
lplainec OF must be reversed It under
takes to control the Official Judgment
OF the Board Of Trustees in the excr-
cino OF discretionary power specially
Gonndcd to them by the statute, and
because the petitioner Is given a rem
ely by appeal TO the County Superin-
leendent
Where party aSgr!cved by the ac-
fion OF n hoard OF school directors has
an edaoua'c remedy by appeal to the
county superintendent he Is not en-
titled to writ of n:andamus"
For tho foregoing reasons we are of
opinion that the judgment OF the Cir
Quilt Court must be reversed with costs.
Reversed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
LAMBERT's POINT.
ITEMS IN BRIEF GATHERED Ely
OUR REPORTER YESTERDAY.


Mr.. Fred Dent was taken suddenly
Ill about o'clock yesterday afternoon
while OF work on n building OF Cap
tain lockers on Fortic:h street. He
remained In an unconscious condition
FOR como time after the attack, and it
Wns though. by some that he suffered
q sunstToke. His attending physician
nays 1t iy tho return OF o. former sick
ness. the result OF an accident that
happened to him some time ago. and
that his condition is not serious. After
regainins consciousness he was re-
moved to his home on Thirty-fifth
street.
Misc Mab,e Gardner is quite sick at
he: home on Thirty-nfth street.
Mr.. and Mrs. Charles Joliey, who are
visiting their parents, Mr.. and Mrs.
w. =. MCPHERSON, on Pocahontas ave-
nue., VIII leave for their home in Bal
timore Tuesday evening.
Or. and Mrs. I. N. Farmer, OF Myers
avenue. VIII leave this evening on the
steamer Essex for Lancaster county
on visit to their friends Mr.. and
Mrs. S. ID. Stone.
Mrs. :: w. Lee. OF Fifth avenue
N N York. is stopping with her friend,
airs w. T.. Troutinan, of Myers ave
nua and Thirty-SiXth street.
Miss Essic Lambert. daughter OF
Captain and Mrs. l.. w. Lambert. of
Myers avenue and Forty third street.
w IL. ieilNS lllS morning, Tor Richmond
to spcnd week with her cousin, Mrs.
Richard Dunston She will be accom-
panied by her uncle. Mr.. Madison Dun
ston.
Mr.. Rufnn Roles was taken suddenly
Ill at his home on Fairfax street Ken
Slngton, yesterday.
Captain J.. w. Lambert, while on his
cunning trip 10 Princess Anne county
Friday. killed 4 large sized crane. He
will havo 1t stuffed and placed on cx-
hibition IN Norfolk.
Charles Digs, youth about 10
years OF age, in attempting to jump on
"a passing trolley car on Myers avenue
yesterday afternoon, missed his hold
and fell, striking his head on the car
track, innictinR painful scalp wound.
]. n. Farmer. Another warning to
boys to cease swinging on cars while
IN naiion.
Miss Chessic Simmons. who lives
with c. w. Pcarce, on Colonial avenue
and Tortieth street, who has been MI
FOR como days with an aggravatedcasc
or typhoid fever, WAS taken to the Nor
folk Protestant Hospital yesterday for
treatment
Miss otelia Charles and Miss Grace
Johnson. who are visiting Mrs r. y.
barrow. of Sccley avenue, will leave
shortly for their homes in Petersburg.
!ar and Mrs. c. III. Baxter and fam
I!y, or Pocahonta.s avenue will go to
harrisburg, Southwest Virginia, this
morning on II visit to relatives
Leon. the G-year-old son OF Mr.. Rob-
eGt organ, OF Seclcy avenue in 1T
tempting TO alight from a trolley car
on Pocahontas avenue Friday after
noon fen and struck the back of his
head. inhicting a scalp wound about
one inch In length. Or. Charles w.
poushtie attended him.
Mr.. II. p. Snowden, of Parker and
son ,aannIa ayenues; left last night
Mr.. and Mrs A. B. Anderson. of
Shenandoah avenue. have gone TO the
mountains of Virginia to visit Mr.. An
aerson's relatives.
Miss Kate. Small. of Richmond. who
kas been visiting the family of Mr..
Stephen Humphries on Thlrty-seyenth
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
An Interesting pepate.

The question. us the United States
Unsuitable in Holding the Philippines?"
is attracting much attention among
the colored people OF Norfolk and
vicinity 1t has been decided to have
1our prominent colored men of Norfolk
and -eaFtsmeath discuss-the question
AT the Bank Street Baptist Church
Monday evening at o'clock. The fol-
loving VIII be the speakers: j. w.
Holly. editor of the Portsmoutb Pr,
ietin: w. r. Williams, contractor and
builder; r. a. Tucker. principal of the
Queen street public school, and G. w
REFER. architect and contractor. The
debate will be given for the benefit Of
the Bank Street Baptist Church. col
ored.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
Y. NJ. C. A. Notes.

The Boys Gospel Army will meet
this afternoon at $780, as has been the
custom for the past two months. All
members who are in the city at this
tirne VIII be expected to be present on
tllnc. The attendance for this hot
weather has kept up very we'll Fifty
one boys were present last Sunday. A
larger attendance is expected for to-
day.
Mr.. c. B. Smell. the general secre-
tary of the Haverhill (Mass.) Young
Mems Christian Association, will be
present at the meeting this afternoon
and VIII take some part in the service
About twenty-five members of the
army called at the association this
week and received their official Boys
Gospel Army buttons.
Several new members to the army
were received this week. Any boy in
the city can join the army by making
application to Mr.. Ambrose Page, at
tho association building, any week day
between the hours of 0 a. m. and D.
M The membership in the army is
Tree and there arc no dues. When a
member has attended three consecu-
tive Sundays he is entitled to one OF
the official badges and can get same
by calling at the association any day
the week following.
Many outings. rambles. entertain
mcnts. socials. etc, etc, will be given
this coming season. An election of
new officers will be held shortly. Mt
which time many new officers will be
elected to fill vacancies of the bows
who have dropped out for various rea-
sons.
Remember the hour of the meeting
this afternoon, 4:30.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
HOW 1T HAPPENED.
THE CONVENTION BATTLE AS
VIEWED BY THE MORNING
HERALD

Yesterdays Morning Herald, Of New
port News, has the following story of
the battle for the Second District Con-
gressonal nomination:
"Thosc who We're not fortunate
enough to be in touch with the ener-
getlc and able leader, Hon. Charles It.
Bland. of Portsmouth. who marshalled
the Maynard forces to victory, wonder
ed how it was that the Norfolk dele
gates came to Maynard on the sixtieth
ballot and nominated him with their
twenty-siX votes.
THE fight on the floor of the conven-
ton was divided between those dele
gates who were elected by the regular
machinery OF the party. and those who
were elected by the anti-machine men,
The regulars had candidates in the
field, in the person of Hon. Harry l..
Maynard and the Hon. William H.
Young. and the ants were represented
by Hon. d. Gardner Tyler and Gov
ernor" a. NJ. Brownley.
1.-THE anti-organization had forty-six
votes in the convention, and the reg
ular organization seventy-siX.
1.-The hope OF the anti-organiZation
men was that the fight between May
nard and Young would become so
warm In the convention that when the
Norfolk delegates dropped Young they
would come to either Tyler or Brown
ley, and which ever candidate received
the Norfolk vote would receive the en-
tire strength of the organization
in the convention. which would result
in either Tyler or Brownley.
"Thc trouble with the above plans
was that the Norfolk delegation was
counting a few Chickens also, and
reasoned that in the event the anti's
failed to make a nomination by the
twenty-fifth ballot. they would come
over to Young. rather than see May
nard- get the combination.
at was seen by the Norfolk delega-
ton, when the fftieth ballot was taken.
that the ants were made of stun
surrender, and the Norfolk delegates
then put the political wires in motion
for the final stand before the break
should be made, without being pro-
ductive of any apparent results.
MIR. YOUNG SURRENDERs.
"Whilc the convention clerk was call
ing the roll on the flfty-fifth ballot,
Hon William A. Young was seen de-
livering Il message to one of his trust
ed leaders. That message was his no
tice of surrender to Maynard, and
tieth ballot, and the last, Norfolk had
unlocked the deadlock and made May
nard the nominee of the Democratic
party for the House of Congress from
this district.
1.-The convention was composed of
some of the most astute politicians in
the State, and every art and science
of politics was resorted to by the lead
ers to keep the four leading candidates
in the field
"rrhe Committee on Credentials was
the place of the preliminary fight.
Maynard and the anti-organization
forces joined to seat the anti-Young
delegates from Brambleton Ward. and
this broke Young's solid thirty-siN
votes, and caused his defeat.
"rhe purpose of the organization
delegates IN aiding Maynard's forces
was for the purpose of getting the two
sides fighting each other in hopes OF
winning on the Norfolk vote, which
failed"
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
WAR ON THE DIAMOND.
The American League to Invade
National League Territory.
President johnson of tho American Asso-
citation Will Place Teams I'm Cincinnati,
and st. Louis Next Scason-what VIII
the Virginia Mngnatcs Dor

From present indication It looks os n
there will be a baseball war next sea-
son. the participants to the fray being
the mas been" National League and
the rising American Association.
President Ben Johnson, of the Amer
lean Association, says it is probable
that his league will take in Cincinnati
and st. Louis next season. These cities
are now represented by National
League teams. The magnates Of the
american Association are said to he
discussing the advisa bility of placing
second teams in the cities mentioned.
as tho plan has worked proftably in
Chicago.
1t Is also believed that If the Ameri-
can League invades Cincinnati and St.
Louis 1T will be likely to invade the
East and place teams in Baltimore and
Washington.
Tic American League is surely forg
ing ahead of the National League. and
III the current slang the new associa-
tion is making the "One time only
lenSue look like 80 cents" At the game
played in Chicago last Sunday, the
18th. the American League game drew
ECO people, Willie the Big League had
Only 5.-UU.
In the event of the American Asso-
citation placing teams in Baltimore and
Washington. it Will knock the gravy
out of the Virginia magnates, who were
contemplating securing the franchises
of the above-named cities and bringing
them in the same circuit with Norfolk
Portsmouth. Richmond, Alexandria,
and probably Newport News Hampton.
There will no doubt be some lively times
before next ScaSon, and it is easy to
predict that when the smoke clears
away there will be quite number of
defunct magnates looking for jobs.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
Norfolk. Va. August rs. 1900
Editor Virginian- Pilot:

Norfolk, Va. August rs, 1900.
Editor Virginian- Pilot:
Dear Sir-Recognizing the right of
any Individual to hold his property for
.he best price he can get for it, still.
from the standpoint of what is best
for this community, it is certainly a
pubic misfortune To hive the opening
OF the new fiery line to Newport News
and Old Point delayed at the present
time. Now that the company has its
Terry steamer purchased and ready for
service, the lire built. equipped and
ready for operation. and from one
hundred to two hundred men. who
would otherwise he employed in this
community. in connection with its op-
Grating, not at work, it is certainly to
be hoped. in the interest of Norfolk
that this new artery of travel and
trade will in n day or two be open
Every enterprise of this sort should be
cordially welcomed and the commu-
nifty would be glad to know that the
differences which have arisen in con-
nection with its final completion We're
amicably adjusted.
MAIN STREET.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
Chapel of the Holy Offering, ooean
View.

Divine service will be conducted In
this beautiful chapel on Sunday at IL
a. m. Rev. Preston Nash, rector Of
Christ Church. Richmond, and chap
lain at Ocean View, will conduct the
service. Prof Krueger, Of this city,
will direct the music, and Mrs. c.
Lawrence Lauretta. of Mobile. Ala.
will sing the offertory. Miss Blanche
Hccht. of Norfolk. who has sung so
acceptably in the chapel this month.
will still lend her sweet voice.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
Guardian Qualities.

David w. Jones qualified in the Cor
poration Court yesterday as the guar
dian Of Edward, Julia A. and Fannie
Fentress, They are the children of
Edward Fentress. deceased. Bond was
given in the sum OF 500.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
PEOPLES FORUM.

NOTE.-The Peoples Forum being
freely open totall parties. classes. per-
sons. views and capabilities. the Vir-
sinian-Pilot is responsible for none
Oh me statements nor opinions OK
p,tssco therein. nor for the style in
which they are set forth. The ignorant
ono uneducated shall be heard here
equally with the learned.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
Suit Entered.

Through Duncan 6 Frick. attorneys
q suit was entered yesterday In the
Court OF Law and Chancery which has
for its purpose the partitioning of pro-
Derty. The style OF tho suit is w. l..
Ewell VS.. J. T. Ewell and wife.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
Telephone Cable Rroken

me cable Of the Bell Telephone
company connecting the Norfolk and
portsmouth exchanges was broken I, CT
night about IL o'clock, and commnni-
cation between the two cities by phone
was interrupted for some time.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
w. II. WALES, Chairmo
D. ]. CALLAHAN,
II. HODGES,
r. HENRY JONES,
q w pRJDDV

Chairman Wales has called the com
mlttee to meet tomorrow (NIonday)
at II M. for further consideration of
this matter. 1t is expected that a re-
preventative of the Southern Bell Tel
ephone Company will be present at
this meeting and explain the plans and
position of the company.
The Board of Trade and B. M. A. is
taking action in this matter at the re-
quest of numerous subscribers TO the
Bell Company's service, who are
strongly opposed to any increase in
rates. The matter will no doubt re-
ceive very careful consideration in all
it's bearings. in order that justice may
be done to the Bell Telephone Com
pany as we'll as it's patrons in this
section
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
TELEPHONE RATES.
Board of Trade and B. M. A. Will
Make an Investigation.
a Committee of Five Appointed "A Meet
ing Tomorrow ut Noon-The Southern
Bell Telephone Company is Thon Ex-
peotod to Explain it's Purposes.

a called meeting of the Board of Di-
rectors of the Board of Trade and b.
Nj. A. was held yesterday at noon to
consider the proposed advance in rates
by the Southern Bell Telephone Com
pany. The Virginian- Pilot has here
tofore noted the fact that this COM
pany proposed to raise rates, BEGIN
ming September LIST, on unlimited SER
vice on business phones.
The matter was quite thoroughly
discussed, and several merchants APP
peared before the board.
resolutions were adopted as follows:
Whereas. it has been brought to the
attention of the Board of Trade and
Business Mems Association that the
Southern Bell Telephone Company in
tends at an early date 10 materially
increase its rates; therefore, be it
Resolved. That a committee of five
be appointed TO confer with the South
ern Bell Telephone Company and the
Southern States Telephone Company
and ascertain all the facts bearing
upon the matter and make a prompt
report with recommendations to the
board.
Committee:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26
c. E. JENKINS,
TRUSSES.

One week only we Will sell our $500. SO
and Slo Trusses for the uniform price OF
81 90 iN ~
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-05-20
BANKERS LIFE ASSOCIATION AL RIGHT
So Says Committee of Members Who Have Just
Concluded Thorough Examination.
Management Economical and Conservative
Large Assets---Small LiabiIities--Com-
mittee's Report in Full

that fund and its present amount, and
how inVested?'
Answer. (a) Amount of fund accumu-
lated under original plan of business. as
the same existed January 1st 1885, $685.
449 SO; CD Disposition that has been made
comprising the Guaranty Trust Fund
and the Mortuary Reserve Fund has not
been drawn upon except in cases where,
under certificates issued during the first
year or two of the llte of the company,
the deposit is required 20 be returned on
the death of the member, and for pay
ment Of death losses. The remainder of
death losses and operating expenses, and
for credit advances made transferring
members, and representing their respec-
tive pTopOrtIOnate equitable interests
therein as determined by the actuarial
computation Of David Parks Fackler, Elk
President of the Actua ries Association Of
New York; Co Present amount of said
fund and how invested: The total funds
of the association amounted on the first
DAY of April, 1900, to 1902, 1851, of which
$I3z 09S.99 belong to the members still
holding policies issued under the old plan,
and $17O,417.52 belong to the members in
sured on the new plan. These funds be
longing to the old m ambers are invested
as follows: In United States Govern
ment Bonds. $500, 800; Guaranty Trust
Fund Notes, $4,000; cash. ST. 786 %; bills
receivable, bank stock and cash deposited
with insurance departments, $27, 972.17.
Question g. ages of policy holders
holding policies under the original plan?"
Answer. The record of ages is only
made uD at the close of each year. The
following are the number of membership
certificates of $1,000 each held by persons
OF certain ages, December 31st, 1899:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-05-20
No CHANGE IN FINANCES
SHOWING MADE IN FIGURES INDI-
GATE THAT WEEKS RESULTS
ARE UNIMPORTANT
FUTURE MUST BE WATCHED
All a Guess az to How Much Money
Will Be Required to Move the
CrOPs-BanI< Statement
Favorable.

NEW YORK, May 19.-The Financier
says:
The changes in the totals OF the clear
ing house banks for the week ending
May IS are unimportant. The principal
feature is a gain of 81, $50, 900 in cash, due
principally to the movements Of interior
funds to this center. Pension payments
by the treasury offset the gold Withdrawn
for export, and the banks really ended
the week as creditors in this respect.
The rapid rise in the loan total noted
over the last two months is seemingly 1t
an end.
Following a small decrease for the
week ending May y the banks have made
a slight expansion of T4S,300 during the
last six days, but this is due to local
causes.
The deposit item is S,3740OO higher,
and the week closed with a reserve of ST.
22,5OO in excess of the previous statement,
making the total surplus SIG 556,2lJ.
There is reason for believing that the
gold export movement is at an end, and
as Western banks are reporting remark
ably easy condition of the money mar
ket, the inference is that New York will
receive some heavy currency shipments
before the crop seasons opens.
The redemption of the outstanding
per cent extension bonds by the treasury
will also operate in the direction Of easing
the market, so that the future appears
to favor low rates. 1t is not to be forgot
ten, however, that the presidential cam
paign is nearly at hand, and as this will
create more or less disturbance, prudent
brokers are taking advantage Of the pres
ent opportunity in order to secure them
selves against a possible hard market lat
er on.
"Of course 1t is impossible to estimate
how much money will be needed in the
fall for crop purposes, but with the strong
position of the Western banks and the
possibility of adding to present supplies
of funds through the issue of new bank
bills, anything approaching stringency.
even with a presidential election impend-
ing, is out of the question.
AT any rate, conceding that domestic
supplies Of currency should be absorbed
in various ways it will be an easy matter
to recall some of the immense sums now
being loaned to Europe or due on current
trade balances.
The very fact that merchandise ex-
ports have exceeded imports in the year
by $1,5OO0O0,00O shows that gold imports
can be forced at any time"
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-05-20
DEAFNESS CANNOT BE CURED

By local applications as they cannot
reach the diseased portion of the ear.
There is only one way to cure deafness.
Deafness is caused by an inf1amed con
dition of the Mucous lining of the Eus-
tachian Tube. When this tube is inf1am-
feel hearing, and when it is entirely clos
ed, Deafness is the result, and unless the
Inflammation can be taken out and this
hearing will be DESTROYED forever; nine
cases out of ten are caused by Catarrh,
which is nothing bit an inf1amed condi-
ton of the mucous surfaces.
We will give One Hundred Dollars for
any case of Deafness tcaused by catarrh)
that cannot be cured by Halls Catarrf
Cure. Send for circulars, free
F. J. CHENEY & CO., Toledo o.
Sold by Druggists, 75c.
Halls Family Pills are the best.