davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
COURT DECISIONS.
DIGESTED BY W. B. MARTIN.
EXCLUSIVELY FOR
vlRCINIAN-PIL
Notes OF Cases Recently Decided,
Which are Of Interest to
Our People.
KING v. FOUNTAIN.

KING v. FOUNTAIN.
Supreme Court Of North Carolina
March 20, 1900.
AN AGREEMENT BY A HUSBAND
IN CONSIDERATION OF THE
SALE OF A LIVERY BUSINESS IN
THE SAND TOWN FOR THREE
YEARS IS VALID. IF SUCH HUS-
BAND ENGAGE IN SUCH BUSI-
NESS AS AGENT FOR HIS WIFE,
1T is A BREACH OF SAID CON-
TRACT AND HE WILL BE EN-
JOINED.
The Court says:
On October IS. 1899. the defendant was
engaged In the livery business at
Greenville. N. c.. and on that day, for
u valuable consideration, sold to the
plaintiff his teams, vehicles, ETC., and
agreed that he would not run or oper-
ate any other livery business in the
town of Grecnville for the period of
three years from that date. Soon
thereafter the wife of the defendant
opened and engaged in the livery bust
ness in said town, and employed the
defendant. her husband, to superintend
the business, which he is now operating
and conducting in said town. On the
hearing of restraining order the in
junction was dissolved, and the plain
tiff appealed.
The general rule was. and still is that
contracts In restraint of trade and the
like are void. on the ground that they
are against public policy, similar to
contracts Illegal. and contra mores.
This rule has been modified in order to
protect the business of the covenantec
or promisee. when 1t can be done with
out detrlment to the public interest.
rnn n Ia ~ - rtx<4
depends In each case on all the circum-
stances. II 1t be greater than Is re-
quired for the protection of the pro-
misee, the agreement is unreasonable
and void. If 1t is Il reasonable limit in
time and space. the current of decisions
is that the agreement is reasonable, and
will be upheld. In the present case the
restriction is confined in terms to a sin
gle county. town. and to a period OF
three years. This seems to this court
not unreasonable. The restriction ap-
plies to one individual only, and 1t is
quite probable that. IL the demands of
that place require more extensive liv-
cry business. some other enterprising
citizen will supply the demand, espe-
cially IL 1t be profitable. The defendant
has received his consideration, and
good faith requires him to perform his
agreement. a husband may be his
wife's agent. but 1t requires but little
scrutiny to look through these facts
and discover who controls the business
and enjoys the profits. The whole
ground of this contention was disposed
of In Baker V. Gordon. sc N. C. 116.
There the defendant sold his stock of
drugs. medicines. ETC.. to the plaintiff.
agreeing not to carry on said business
in the town of Tarboro while the plain
tiff was engaged in 1t. In a few months
he (thc dcfendanD bought other drugs,
etc. and sold them to two other par
ties. and promptly engaged in selling
them as the manager,and superlnten-
dent OF his vendees. 1t was held that
this contract with the plaintiff was
valid and that engaging in the business
as above stated was breach thereof.
That seems to be decisive OF the pres
ent case.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
ATLANTIC CITY.

Rev. c. w. Maxwell will preach a spe-
cial sermon before Massasort Tribe. I'M
proved Order OF Red Men, at Colley
Memorial Presbyterian Church at T:45
o'clock Sunday night. The tribe will
assemble.
The new organ recently presented to
Lekies Memorial NJ. l.. Church by Mrs.
LeKies, of this city, will be heard for
the first time at the service Sunday
morning. A full description of this
beautiful instrument has already ap-
peared in these columns.
The Junior Society of Christian En-
deavor of Galley Memorial Presbyte-
rian Church will meet for devotional
services at o'clock Sunday afternoon.
very interesting program has been
mapped out for Che meeting.
The Junior Eoworth League of Lee
Kies Memorial NJ. E. Church will have
a grand rally at o'clock tomorrow
afternoon.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
BRIEF ITEMS OF INTEREST.

Mr.. Warren X. Nible will leave Mon
day morning for Washington. to attend
the meeting of the Imperial Council of
Pthe Mystic Shriners. Mr.. Nible is AS
sistant Rabban of the Oriental Lodge,
of Troy, y. Y, one of the largest lodges
in this country.
Mrs Savage. wife of Capt. p. w.
Savage. depot and express agent Tor the
New York. Philadelphia and Norfolk
railroad at Cape Charles. died Monday
at the City Hospital in Baltimore. She
had been in bad health for some
months and gone there for treatment.
Mrs. Savage was n woman of sterling
qualities and has many friends in Nor
folk.
Rev. A. S. Venable Sunday was in
stalled pastor of the Presbyterian
Church at Cape Charles. The installa-
ton sermon was preached by Rev. j.
Ernest Thacker. pastor of the Second
Presbyterian Church OF Norfolk. The
charges were delivered by Rev. II. Is.
Eggleston, d. D.. of the First Presby
terrain Church of Portsmouth.
Mr.. w. +. Tunnel, cashier OF the
Farmers Bank OF Georgetown. Della
ware, is in the city on a business trip.
Donovan & Co.'S coal and wood office,
No. 23S Cove street was entered by
thieves Wednesday night. They ram
sacked the office safe, which had been
left open, but found no money in it,
Two very old pistols were carried off.
The drain on James street needs the
attention of the Street, Sewer and Drain
| Department
G. NJ Compere & Co. were granted
q license in the Corporation Cour. yes
terday to conduct the liquor business
at No. S37 Main street.
Hon. John Goode is here from Wash
ington. d. c.
Mr.. w. F. Lumley and children left
last evening for Philadelphia. whence
| they will sail to-day for England en-
route to Aberdovy. North Wares, to
spend several months with relatives.
On account of Sunday being the an
niversary OF the First Lutheran
Church, its pastor. Rev. ]. r. Shenk,
who was elected n delegate from Vir-
ginia to the United Synod of the South
(of the Lutheran church,. was unable
to attend its sessions In Winston. n. c.
Superintendent II. l.. Smith, eff the
Norfolk Waterworks. has returned
from the meeting of the National Wa
terworks' Association in Richmond.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
1t is within the discretion of the court

1t is within the discretion OF the court
whether 1t will. grant the writ of man
damus In any case. The petitioner hefe
IN signed the request for the passage
OF the ordinance hereinbefore first men
toned, thereby lending his aid to a.
duce the corporation to locate its mill
at Carney. 1t is alleged that 1t was
greatly influenced by this action. The
petitioners dividends as q stakeholder
In said corporation amount to more
than the increase in his taxes which he
mad TO pay by reason OF said eNecu-
ton, and there has been unreasonable
delay at least as to a part of the taxes.
Under all the circumstances OF the case
the petitiontr is estopped from asking
the aid OF this court in granting him
relief. There are other questions In the
case. but, having reached the conclu-
sion that the petitioner is not in a posi-
tlon to ask for the writ of mandamus,
they cannot properly be considered. 1t
Is the Judgment OF the court that the
petition be dismissed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
% ale
aH1aS
We ak
Woz,,ezs

Beauty and strength In
women vanish early I'm
life because of monthly
paEss on. some menstrual
zrregszEarify- Many suf-
fer silently sassd ssS fhsAf'
host gifts fade away.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
Homo mission meeting Give, n,

The meeting of the NJ. E. Home Mis-
sion Societies OF Nonfolk and Ports
mouth that was to have been held at
Cumberland Street NJ. E. Church on
Monday. May 81. has been given up on
account OF the inability of Miss Ben
nett to be present
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
Unique insurance Case

Mr.. William H. White is in Arlington
as counsel for the plaintiff in the case
of Hobart Miller's executors VS.. the
Northwestern Life Insurance Com
pany. Miller made an application for
Insurance in the company for 81. 900 and
died before he received the policy. The
company alleges that the policy was
never granted.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
OTHER LOCAL ON PAGE 6
pis,res 81 ,g Stomach Disease.

Permanently cured by the mastery power
OF South American Nervine Tonic In
valids need suffer no longer. because this
great remedy can cure them all. 1t is a
cure for the whole world of stomach
weakness and indigestion. The cure be-
gins with the first dose. The relief II
brings is marvellous and surprising. II
makes no failure: never disappoints. No
matter how long you have suffered. your
cure is certain under the Use OF this
great health giving force. Pleasant and
always safe. Sold by Wake. Martin &
Gray. Druggists, Norfolk. Va. sa
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
Proposed Prize Eight.

There Is considerable talk at present
OF a prize fight between two local sports
OF pugilistfc ambition. The purse to he
onered is said to be $3.50. the winner to
take rs per cent.
The proposed fight will be a twenty
round bout, and will be pulled or
somewhere in the county.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
Naval Arrivals and peparturea

The battleships New York and Texas
have sailed from Fort Monroe for the
New York Navy-yard. The New York
Will hold target practice enroute. The
training ship Adams has arrived at
Port Angeles. The Prairie has sailed
from Key West for Brunswick, Ga The
gunooat Machias has sailed from Port
Llmon Tor Colon. via Boca del Toro.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-19
Lydl. E. Plnkh.m', Vegetable Compound

haEps women preserve
E0N7HnesS of form and
freshness of face be-
cause IL makes their en-
fire female organism
healthy IL CARRIES W0-
mem safely through the
various natural crises
a7d is fkte safeguard of
WOssfag'S health.
Tho truth about this
great medicine is told I'm
fEa0 letters frORs women
haEng gHkIEsEfsa I'm fhEs
Rapos' constantly
Morris tribune., 1900-11-24
/ CRIMINAL NEWS

~ .
Two Idaho miners who went cunning
Tor an ex-deputy sheriff were killed by
their intended victim. 81
Miller and Hardy, acquitted Of one
Wise murder at Anoka, have been ar.
raigned on another charge. q
4 James T. Kittson, son Of the late
Commodore Kittson Of st. Paul, COM
mitted suicide at Norristown, Pa. 81
Jerome Hoot has been convicted at
Waterloo, Ia, Of having attempted to
kill his wife by means Of an internal
machine. i
German National bank Of New
port. KY, has been closed ~ aresult Of
the disappeArance-of the cashier, leaVs
ing a shortage OF $S0O, 900.
The negro who confessed to ASSAULT
ing and numbering q girl near Limon,
Colo, was taken to the scene aof his
crime and burned at the stake. II
Tobert ]. Stell, treasurer Of the Nom
adnook Land and Investment company
Of Chicago, has disappeared. Il il said
his books show shortage Of $25,000
Thieves with wagons marked sChi.
cago Telephone Company" stripped six
miles Of copper wire from telephone
poles il the Deering street police dis.
trict Of Chicago. =
Morris tribune., 1900-11-24
POLITICAL NEWS.

Attorney General Griggs has for
mally announced that he will be unable
to remain in the cabinet after Marca A.
President Mckinley has formally re.
quested all the members Of his csbinet
to remain during the coming four
years.
latest returns from Nebraska legis.
slative elections show that the Republi.
cans have q majority Of i've on Joint
ballot.
y A Royalist delegate to congress has
been chosen IN Hawaii. BE was elect
cd on an anti-white platform and re-
ceiyed the support Of the ex-queen,
4 John w. Yerkes, late Republican
candidate for governor Of Kentucky,
has been reappointed collector Of in.
Sernal revenue for the Eighth district.
The joint caucus of the Democrats Of
both houses Of the Alabama legislature
unanimously nominated j. 2. Morgan
Cor re.eleetion as United States senator.
Morris tribune., 1900-11-24
NEWS OF NOTED PERSONS.

Richard Croker has sailed FOR EuropA
he will visit Carlsbad for the be. SIT Of
his health. %aA
The Dutch cruiser Gelderland, with
ex.Presi6ept Kruger on board, mas az.
rived at Suoa. @-,s. & Wy
The Duke Of. Manchester was quietly
married at london To- days ago to
Helene Zi!mm erman Of Cinednnati.
The vitality Of Senator Davis Of Min
nesota Is decreasing and be lis rapidly
growing weaker. There is little doubt
che end is drawing near.
Miss Louise Pierpont Morgan, the
eldest daughter Of j. Pierpont Morgan,
the banker and capitalist, was married
Thursday TO Herbert Livingston Sat.
terlee. -1r'e.as 81 ssss.s
Attorney General GEiggs, upon his
retirement from the cabinet. will open
. law Office il New York. Il is said
that he will also have an Office In
Washington.
Private but most trustworthy infor.
nation has been received at Paris that
King Oscar Of Sweden is in a very low
state of health. His recent brain attack,
It is added, deprived him OF his mem.
Dry and he seems. unable to recuperate.
The facts are suppressed.
Morris tribune., 1900-11-24
FINANCE AND TRADE.

,. A big lumber combine is being
formed in the East
It is again asserted that the Great
Northern has secured control of the
Northern Pacific.
Francis. D. Carley. well known
Wall street broker, has failed for over
81, 900, 900, with no assets.
The steamer Mariposa, which arrived
at San Francisco Friday from Austria.
liza, brought So, OO0, 900 gold.
Eastern capitalists will build an cleo
trio line from Des Moines, Ia, to New
ton to connect with the Iowa Central.
Areceiver has been appointed for the
dry goods house of w. L. Strong g. Co.
of New York and Philadelphia. The
liabilities are said to be heavy.
More than $2O, 200, 900 in gold dust
and bullion came out Of Alaska, British,
Columbia, Northwest Territory, Wash,
ington, Idaho and Oregon between
Jan. and Oct. "a, this year.
Forty tomato growers, controlling
almost the entire product Of Ohio, Indi-
ana and Kentucky, have formed an as
sociation at Cincinnati and raised the
price Of the vegetable 80 per cent over
last year.
Morris tribune., 1900-11-24
eRITlsh-eoER WAR NEWS.

a
Lord Kitchener has decided to depop.
ulste several towns in the Transyaal
and concentrate the people in cities,
owing TO the difficulty in handling the
Beers who are hampering the civilian
population.
A correspondent Of the Cape Times
reports that 1880 Beers are besieging
Sohweizer- Rencke, in Western Trans
vaal, and that Lord Methuen and Colo
mel Settle are believed to be going to
the garrison 8 relief. 81
The Beers, according to the Cape
Town correspondent Of the London
Daily Mail, have broken the railway in
30 places between Bloemfontein and
the Orange river The line is also cut,
between Kimberley and Belmont.
The Beers are very active. It is al
legged that Commandment Louis Botha
has established d government at lRosen-
hal, north of MiddeIburg, and that
with the ESQ, 900 that he has available,
he is paying the fighting burghers q
crown per day.
Morris tribune., 1900-11-24

To be cured Of catarrhS If you OF
your friends have this disease, you
know how disagreeable it Is. It's
symptoms are infamed eyes, throb-
.bing temples, ringing noises in the
ears, headaches, ecspricious appetite,
and constant discharge Of mucus.
Fortunately it's cure is not a question
of what you vii give, but what you
will take. IF you will take Hoods
Satsaparrilla, the great constitutional
remedy. which thoroughly purifes3.
enrichesand yitalizes the blood, you
may expect to be completely and
permanently cured. The good blood
which Hoods Sarsaparilla makes,
reaching the delicate passages ofsthe
mueus membrance, soothes and re-
builds the tissues and ultimately
cures all symptoms of catarrh.
IN ~ ii ~
Morris tribune., 1900-11-24
NEWS OF THE WEEK
FoREloN NEWS.

The car Of Russia is i'll with typhoid
fever. -
B Thsscoaditi onscs the Uaar continues
% improsa. ssss8 4
Great Britain intends to flost another
loan for war expenses.
Influenza 10 again epidemic through
out Germany. especially in Berlin.
A British steamer ID, said TO have
been seized by the Colombian govern.
ment. @ 1, y
Reports received from Vienna and
Rome assert the czar's illness is due to
poisoning
In che legislative assembly of Victoria
resolution expressing want Of conf.
dence in the government was adopted
81 TO AZ. ss M
& The bubonic plague has broken ont
among the natives near King Williams
town, Cape Colony. Three deaths have
already occurred.
Undertaking In an open carriage at
Breslau Emperor William was the OBJ.
feet Of an attack by an insane woman,
who threw a hatchet at him. The
weapon struck the vehicle but none Of
the occupants were injured.
A Paris paper. prints special dis.
patch from st. Petersburg that the
physicians having announced that the
illness of the czar will continue for
some time, regency is under conaid-
Grafton to act until the czar's complete
recovery. q
Europe is alarmed over the illness Of
the czar Of Russia. It is generally felt.
at the, present critical state Of inteFna-
tional affairs that even . / temporary
Of the influence Of so favor
able q factor in the maintenance Of the
worlds peace justifies grave anxiety.
Morris tribune., 1900-11-24
NEWS FRoM wAsHINeToN.

General Miles, IN his annual report,
urges the reorganization of the army.
Mr.. Russell, United States charge at
caracas, reports that the earthquake in
Colombia last month was much more
severe than at first described. Between
$4,000 and $4,000 buildings were de-
stroyed Of damaged.
Plans are being made by the admin.
istration to press with yigor for the
eatification by. the senate of the Hay
Pauncefote treaty in its original form
as theSfrst step toward the construc-
.sion OF the Isthmian canal.
A contract for SIG, O0O, 900 worth of
armor plate for battleships has been
awarded by Secretary Long. The con-
tract is on basis Of $500 ton for
Krupp armor and certain royalty fees,
not exceeding a total cost OF $455 so per
Morris tribune., 1900-11-24
PHILIPPINE NEWS.

General Macarthur has perfected
plans for extensive campaigning in Luz
Eon previous to the departure Of the
volunteers.
The censorship at Manila has been
removed. General McArthur, how
ever, has issued directions to the cable
companies ordering them to furnish
him with copies Of all press dispatches.
The Philippine commission at Mon
days session publicly discussed a bill
for establishing municipal govern
ments throughout the province Of BEN
guet. Luzon, and also bill for provin-
cial government. 4i'
The Minnesota normal school board
has decided to allow eight Filipinos
free tuition at the St. Cloud and Wi.
mona normal schools. The request
came from Commissioners Of Education
Atkinson at Manila.
Morris tribune., 1900-11-24
THE CRISIS IN CHINA.

Rrihce Tuan and General Yu Hsien
are reported TO be under arrest.
Belief Is expressed in Shanghai that
the trouble in China has only begnn.
China has practically conceded all
the demands Of the powers. with the
exception Of the execution Of certain
personages.
An imperial decree Of Nov. is de-
prives Prince Tuan and Prince Chwang
Of their ranks and Offices and orders
them to be imprisoned for life.
Sanitary conditions in Peking are be-
coming serions. Since the foreign oc-
cupation many Chinese have died Of
smallpox and other infectious diseases.
Morris tribune., 1900-11-24

Many people worry because they
gpelieve they have heart disease. The
usaances are that their hearts are ell
saEight but their stomachs are unable
MO direct food. Kodoi Dyspepsia
Care digests whateycu estN and pre-
yeats the formation Of gas which
snakes the stomach press against the
heart. It will cure every form of indir
agestion .-Hulburd & johnson.
Morris tribune., 1900-11-24

There is no pleasure in life if you
dread going TO the table to eat and
can't rest at night on account Of indi-
gestion. Henry Williams. of Boon
vile, Ind, says he suffered that way
for years, till he commenced the use,
Of Kodol Dyspepsia Cure, and adds,
NOW I can eat anything like and
all want and sleep soundly every
night KodoI Dyspepsia Cure will
digest what you eat -Hulburd &
Johnson.
Morris tribune., 1900-11-24
PROTECT ENGLISH STORES.

Outbreak Fesred During Kruger's visit
to Paris.
PARIS, Nov. %. The programme Of
the welcome to be extended to Presi.
dent Kruger is held in allegiance for
the scrutiny Of the president. Extra
ordinary police precautions have been
taken about the Hotel Scribe, in the
vicinity Of which are many English
stores, which it is feared the crowd in
it's enthusiasm might injure. The
whole Of the second floor of the Hotel
Scribe has been retained for the use of
Mr.. Kruger and his suite. It has been
decided that the municipal council will
offer the former Boer president re-
ception.
Morris tribune., 1900-11-24

If you have ever seen a child in the
agony Of Group you can realize, ,ho#
grateful mothers are for. One Minute
Cough Cure, which gives relief sGs
soon as il is ministered. It quickly
cures coughs, coldsyand allthroatand
lung troubles. Hulburd & johnson.
Morris tribune., 1900-11-24
THE DEATH RECORD.

S4 ...s,.--aa y Y ttsss
Adolf PichSler, the Austrian poet
and novelist, Is dead
Henry Filing, pioneer OF Montana
md 9 williQRaire. is dead at Virginia
CITY, that state.
Henry D. stocker. prominent
young attorney Of Minneapolis is.dead
after Q brief illness.
Captain John D. Hart Of Cuban fli-
clustering fame, died In Philadelphia
last week Of apoplexy:
Former Governor George A. Rams
dell Of New Hampshire is dead OF apo.
plexy. He was 66 years Of age.
Jacob Devil1o Mitchell, one Of the
oldest preachers in Northern Pennsyl-
yania, and q close friend Of President
Lincoln, is dead.
James S. Barber, assistant paymaster
Of the United States navy and nephew
Of Mrs. Mckinley, died at Hong Kong
Of typhoid fever.
George Hollenbeck Roset, pioneer
Chicago real estate dealer, who has On.
gipeered property deals in which mill
ions were involved, is dead.
Colonel James G. Potter, paymaster
U. S. A., retired, and member Of one
Of Rhode Islands most distinguished
families. is dead. He was SO years Of
age.
Morris tribune., 1900-11-24
cabinet crisis Imminent IL japan.

LONDON, Nov. 2s The overthrow Of
Marquis Ito's cabinet, says the YokO7
hama correspondent Of The Daily Mail
ID threatened. Already Viscount kat
suma, minister Of war, has resigned in
consequence of scandal affecting Hosi
Toru, minister Of commune cations, who
is accused Of accepting large brides and
will probably be arrested. The political
opponents Of the minister denounce
him as Tamanist. because he was for
merly minister to the United States.
Morris tribune., 1900-11-24
SPORTING NEWS.

At Chicago Terry McGovern whipped
Kid Broad in six fast and bloody
rounds.
Jeiiries and S arkey have signed an
agreement for a night in, May next be-
lore the club offering the largest purse.
Sir Thomas Upton has received a let.
ter from the New York Yacht club
formally accepting his challenge for
Americas Gun.
Morris tribune., 1900-11-24

DeWitt's Witch Hazel ESalYe will
quickly heal the worst burns and
scalds and not leaye scar. It can
be applied to cuts and raw surfaces
with prompt and soothing effect. Use
it for piles and skin Diseases. beware
of worthless counterfeits.- Hulburd
& johnson.
Morris tribune., 1900-11-24
Contest over Hoyt,s viii.

NEw YORK, Nov. %. The Herald
says: Indications point to contest
over the will of the late Charles FL.
Hoyt, playwright The terms OF the
document will not be made public until
after the funeral. The benefciaries
will then be consulted and the paper
win be fled for probate.
Morris tribune., 1900-11-24
Live stock Prices at St. Paul.

HOGS Market opened about SO lower
and closed steady at the decline Range
Of prices 81 S5@46O.
CATTLE-Market quiet at q 100
decline.
Sales ranged at S4.65@5.25 for good to
G hoice butcher steers, 49, 50@4 is Tor
COWS and heifers, $8O0@4.0O for corn
led bulls, SoOO@5. Is for, choice yeals,
So. 50@3 IS for good feeders, 50. 1905. so
for stock steers.
SHEEP Market for fat lambs 15@s5c
lower. 50 (, - ei
Sales ranged at "a. 1904. go for butcher
lambs, s8.a6@875 for good to choice lat
WetheTs.