davidaulloa/AmericanStories huggingface dataset:
The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1903-06-10
W. A. RECkLZNe1,
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ufn zAn aAss ~ nAas waaf~xr .ssz =
COLUMBIA, S. G.
rs NOW MAKING TIE BEST PIC.
lures tina. can be had IN this couatry
and all who have never had real fine pic.
ture, should now try some Of his --latest
styl.:s. Specimens Gun be seen at his Ga!.
Iery. MP stairs. next to the Rnb.
When writing mention the Dispatch.
The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1903-06-10

Total. S 2,l43 20
Respectfully submitted,
Geo. A Shesly,
County Supervisor.
The Indianapolis journal., 1903-02-18

Sections 1890, ct seq, the power of a city to
assess the cost of improving the roadway
of street against abutting property can
only be exercised by assessing such cost
against all abutting property on both sides
of the street which is benefited by the i'm
provement. Where the pavement is con-
Structed only on one side OF center of the
street the cost must still be borne by all
abutting property. and IL the cost is arbi-
trarily assessed only against abutting prop
/ erty on the one side. such assessment is
void.
Beer Garden-Nuisance-C
1859. Iron ct al VS.. Lewis. Boone c. c.
Affirmed. Black, p. il. A drinking re-
sort where the law is openly violated, to
the offense of decency and good order.
town, may constitute nuisance emitting a
resident property owner to an injunction
and damages. 2. The fact that PLAINTIFF
together and with an attorney.in writing to
bring suits for said purpose and to share
the costs of suit, the attorneys to receive
shall be equal to half of the damages, does
not constitute a defense to such resident
owners suit for damages and an injunc-
tion.
470S Coulter ct al, executors. VS.. Brad
ley. special Administrative. Clinton c. c.
Motion to advance overrued.
1880. Marsh VS.. Marsh. Wells c. c. APP
pellee granted thirty days additional time
TO file brief.
ASP Indiana NJ G. and o. Company VS..
Vauble. Fulton G. c. Appellee's additional
authorities struck out on appellants mo-
ton.
4511. II. w. & Z. c. Street-railway Com
pany VS.. Eads. Lake c. G.. Appellants pc
tition TO file additional index granted and
petition to file brief denied.
Minutes
44I1. The Clear Greek Stone Company VS..
Frank Carmichael minor. Brown G. c.
Appellants dismissal and petition to with
draw record.
1855. Samuel ID. Blair VS.. Florence Whit
aker. Vanderburg 8. c. Appellants brief (S)
New Case
4732. The Clear Creek Stone Company VS..
| Frank Carmichael, minor. Brown G. C..
Record. Assignment of errors. Notice TO
Monroe G. G..
The Indianapolis journal., 1903-02-18
STARVING FINLAND.
A Country Noted for It's High Culture
and Education.

Minneapolis Tribune.
Those of us who judge the Firms by the
few emigrants of the lower class who come
to our shores, have but a slight conception
of their real character as a people. They
have a long historical record as a brave,
chivalrous Iberty-loving nation, and now
that they are deprived of national exis-
tence and trodden under the heel of a ruth
less despotism, the olden virtues still sur
vive, though allowed little outward express
sion
In no European country is education held
I'm such high esteem as in Finland: in no
other country do women share with men
such perfect equality of opportunity. AS a
natural consequence, the Finnish women
are the best educated in Europe. The two
great universities, the lyceums, the schools
of arts and sciences, admit the two sexes
on equal terms, and they are eligible to the
same degrees. In the government service
there are as many women as men, and
there no moral standards set up for
women that do not apply In like manner
to men.
If country is to be judged by the status
of its women, Finland is the most advanced
of the European states Ceded to Russia in
1909, against the armed protests of its peo-
pie. its eight provinces have since that day
constituted a Russian grand duchy, of
which the Car Is head. Up to two or three
years ago this duchy was an independent
state, with its own parliament supreme in
all local matters. The established church
was Lutheran, but there was full religious
liberty.
Now everything is changed. Russia has
violated its solemn oath to allow self-gov-
ernment to Finland. It's constitutional
rights, its religion, its olden customs. have
been profaned the press Is muZzled and a
ruthless censorship extending even TO pri-
vate letters has been instituted. The Rus
sian language has been made compulsory in
the schools and efforts are being made to
Russianize the whole country. Two or
three years ago the visitor to Helsingfors,
the Finnish capital. found all its women
clad in mourning as a token of their SUBJ
verted liberties.
A still greater calamity now threatens
the brave, cultured and interesting people.
Last summer the crops OF Finland were a
total failure, and 10000 of Its inhabitants
are starving. Hundreds have already died
OF hunger, and thousands are being just
kept alive on bread made from straw,
husks. bark and other innutritious ingredi-
ents Unless relief comes at once the NOR
tality will be appalling. The Firms In this
moment of their dire calamity cannot make
their distress known TO the outside world.
The press Is I'm the thrall of a merciless
censorship, and must remain dumb, and,
| as we have said. even private letters are
opened. Those containing accounts OF the
ravages OF the famine are suppressed,
though now and then one reaches Its des-
| tination.
Russia has made soma efforts for the re-
lief OF its starving subjects. but even with
The Indianapolis journal., 1903-02-18
sion actually resulted to his injury-I119
Federal Rep. (New York, Judge HazeD,
221.1
-States-Power to Arrest United States

An officer of the United States army, act
ing in the discharge of his duty, in Obe-
dience to the orders of the secretary of
war, who in turn is executing an act of
Congress, is not subject to arrest on a war
rant or order of state court. IL he is thus
doing work commanded by his superior
officer and is enjoined from proceeding by
a state court, the issuance of such injunc-
tion being void, its disobdience by the off,
Ger is not contempt of court, and his ar
rest and detention therefor is without legal
authority.-l119 Federal Rep. Uowa, Judge
McPherson), 231.
-Divorce-Collateral Attack of Decree
A wife agreed not to contest an action
for divorce brought against her by her hus-
band In North Dakota, he agreeing in turn
that If he obtained the divorce the decree
should contain a provision for the payment
to her of weekly amount of alimony for
her support The decree contained the pro-
vision stipulated. Held that, though the
agreement was void as against public pol
icy. its invalidity cannot be raised in a coll
lateral attack on the decree in a suit after
wards brought by the wife in New York to
recover installments due hereunder. If the
provision for weekly payment for support
was inserted by collusion In order to obtain
the decree it was fraud upon the court OF
which both parties We're equally guilty, and
neither could object.-[70 y. Y Supplement
Judge Kellogg), 579.
-Employes-Disobedienc of Instructions
Where servant was employed for a year
at weekly salary, and after having been
instructed on TWO occasions not to sign his
own name to his employers correspond
ence, persisted in doing so, and a month
after receiving such instructions began a
systematic and apparently deliberate course
of signing his own name thereto such dis
obedience constituted ample ground for his
discharge before the expiration of the year.
-[113 n. Y. State Rep. Judge Smith. 6S2.1
The Barber Kept on Clipping
A lawyer In Canton, o., has sued a barber
and practical hair cutter" for 500 dam
He alleges no W. oil
in BARRIERS chair in the defendants shop
his hair was cut In "a very inartistic man.
ner" so that he is IAN object of ridicule
among the practicing attorneys" of Canton
IL is we'll for the defendant that he did not
hold himself out as a 'tonsoral artist %
| Law Notes for February.l
The Indianapolis journal., 1903-02-18

ly upon the reassembling of court after
dinner, and before such dismissal had ac-
tually been filed. 2. When evidence OF a
set-off had been presented by a receiver by
agreement under the general denial. the
court had a right to direct the receiver to
file an affirmative plea of set-on asking
Judgment over against pialntin.
3. Appellant was not harmed by direc-
tion to the receiver to remit an excess Tor
which the court had found against MIN,
before the rendition of Judgment: 4.
ed money belonging to plaintif which he
failed and refused to pay over necessarily
implied demand. B. After a claim against
a receiver had been on trial for thirty days
or a trial by jury.
City Debt-What Constitutes-Damages--
1878. Heinl vs. City of Terre Haute ct al.
Rigo C. G. Affirmed. Jordan =; i.
Bonds issued by a school city and ex.
ecuted by its trustees for the purchase OF
land for school buildings cannot be iD-
cluded in estimating the total indebtedness
OF the civil city and determining whether
the constitutional limit has been exceeded.
2. A judgment of the Circuit Court against
the city for damages upon proper proceed
ings for opening a street Is legitimate
debt for the payment of which the city
may borrow money and issue bonds, under
Section 30, Page go, Acts 1899.
a0S3 The Arrow Company VS.. Flnch.
Madison c. c. Appeal dismissed as per
New Cases.
20Oeo. Samuel NJ. Kerr. auditor. VS. Perry
School Township. Monroe c. c. Record.
Assignment OF errors. Submitted by agree
ment.
2OO91. State ex rel. William p. Maxwell,
coroner. VS.. John S. Dudley. Sullivan c. c.
Record. Assignment of errors. In term.
Bond. Submitted by agreement.
APPELLATE COURT.
ure-Parties-Exhibit.
1890. Kelley ct al. VS. Houts ct al. Allen
s. G. Affirmed. Robinson, il. The hold
er of a sheriff's deed, upon purchase OF
land at a sale on foreclosure OF mortgage,
| is entitled to decree of strict foreclosure
against the holders of judgments junior 10
such mortgage who were not made parties
to the foreclosure suit, and to have their
right of redemption from the foreclosure
| sale cut off unless exercised pursuant to a
| decree rendered in his suit. 2. The pur-
| chaser at foreclosure sale having assigned
his certificate OF purchase to plaintin, who
took a deed thereon, is not necessary
party to such suit. 3. A judgment is not a
| written instrument of which a copy must
be filed with a complaint thereon.
Express Trust-Special Finding.
42s6 Green ct al. VS.. McCord. trustee
Knox G. G. Reversed. Roby. G. il. The
deed of trust from mortgage TO his as
signee for the benefit of creditors is not the
/ foundation of a suit by the trustee to fore
| close the mortgage and does not become
|. part OF the complaint by filing IL Herewith
/ 2 finding that the mortgage conveyed
/ his property to &C. M. Trustee, without
/ any statement of the nature of the trust
/ does not show that such trustee has au-
/ thority to sue on the note and mortgage
without making the assignor defendant
no written assignment having been made.
| Improvements-Assessm Side.
| t076. Klein VS. Nugent Gravel Company
! Gibson c. c. Reversed. Wiley, J.-UndeI
The Indianapolis journal., 1903-02-18
THE COLOR QUESTION.
The Peculiar View OF Southern Whites
on "SOcial Equality"

Detroit Free Press Dem)
This Southern childishness in relation to
the social side Of the race question can
hardly be treated with patience. Even
the Southern sympathizer, who believes
that the South is white mans country,
that the stronger race must necessarily
dominate and that all force bills and all
measures TO maintain a fictitious equality
are unmixed evils-even one who SYM
pathizes SO ardently as this with the es-
cannot close his eyes to the Righteousness
of these outbursts of anger on the part
of the South whenever a decent, we'll
People of the North, who are quite as
good as the people of the South some
times meet negroes at receptions without
having the bloom rubbed off their social
prestige. The social standing vf Theodore
Roosevelt is, We think, quite good as
that of any Southern congressman, but
Mr.. Roosevelt is not constantly tormented
by the fear that he will be thought no
better than a "blue-gummed niger If a
respectable negro happens to cross the
sill of the White House.
The trouble with this pretended aris-
tocracy of the South Is that 1T seems to
be none too sure of itself. Its members
behave as II they were fearful that if
they once met negro on terms of tenn
porary equality they would never again
be able to maintain their good breeding
and social position. The women of the
French court were accustomed to say
that they could meet anybody and every
bouy DcCduSe pOSlllOn was so Sc
cure that they had nothing to worry
about. Nobody was denied entrance TO
their salons on account of the meanness
of his birth or the humbleness of his
station. These aristocrats of aristocrat Is
We're sure of themselves and sufficient
unto themselves. Ii was not necessary
for them TO stand on the hilltops and re-
iterate to all the world that they were
better than so-and-so. and that so-and-so
could never possibly be their social equal
In their scheme of things this went with
out saying. Something of the same atti-
tude Is maintained to-day by the members
of the British aristocracy; IL is main
tanned by all aristocracies and by all So
ciety that Is sure OF itself. The trouble
with this soi-disant Southern aristocracy
is that 1t Is laboring under the supersti-
ton that IL must constantly. assert its
social superiority TO the negro lest the
careless and uninformed assume that the
contrary is the case. Not only the lady
but sometimes the gentleman doth pro-
test too much.
The Indianapolis journal., 1903-02-18
COURT DECIDES FOR LEWIS
SMALL JUDGMENT AGAINST OWNERS
OF FAIRBANK AFFIRMED.
Supreme Court Decides that Theo-
dore c. Whitcomb Must Pay Big
Judgment-Other Court Grist.

The Appellate Court yesterday affirmed
the Judgment recovered by Zimri c. Lewis
against the owners of Fairbank summer
resort in this city. Damages in the sum
OF 500 had been awarded by the lower
court The proposition that resort of this
character in a residence district consti-
tuted a nuisance was settled in previous
decision, and the interesting point in the
decree OF yesterday was that an agreement
between several property owners and the
plaintiffs attorney that all the former
would contribute toward the costs of the
case IL the suit failed. and that the attor-
neys should have no fee unless successful
would not defeat the plaintiffs action.
When the appeal from the lower court was
taken Lewis disposed of his home on Capt.
tol avenue across the street from Fair
bank. and according to report the property
passed into the hands of the Terre Haute
Brewing Company. Besides the awarding
or damages in the sum given the decision
foroids the Illegal sale OF Intoxicating
liquors or other unlawful conduct by which
the plaintiff might be annoyed or the value
OF his property affected.
The Indianapolis journal., 1903-02-18

An appeal from the Monroe county Cir
cult Court filed in the Supreme Court yes
terday brings up a question as to the liza
bility of townships which may transfer
school children from district schools to
those In towns or cities. In the case in
point children in a township school near
Bloomington were transferred to. the city
school,. the term of which was nine months,
while the term OF the township school was
but five months. An attempt was made
to collect tuition fees from the township
for the full term, but payment was re-
fused on the ground that the county could
not collect only for such time equal to that
of the township school course. The town.
ship enjoined the county auditor from
charging IL with nine months tuition and
the auditor appealed.
The Indianapolis journal., 1903-02-18
Grand Officers Meet.

The grand officers of the Knights of
Honor of Indiana met at the Grand Hotel
yesterday afternoon to audit the books Of
the treasurer and found them correct The
Grand Lodge will hold meeting at the X.
of H. hall In the Century building to-day
and there will be about one representative
present from the various lodges In the
State.
There will be quite a. contest I'm the elec-
ton of officers. especially for grand dicta-
tor. The principal candidates are A. r:
Ritz. of Evansville; George w. Fender. II
Logansport, and David Alexander. Of LOO
gootee.
The Indianapolis journal., 1903-02-18
DUDLEY CASE IN SUPREME COURT.
Appeal Taken by MaxwelPs Attorneys
from Sullivan Court.

The Dudley case reached the Supreme
Court yesterday in the form of an appeal
taken by the attorneys of Coroner Maxwell
from the decision of the Sullivan Circuit
Court. In the suit brought by the coroner
TO oust Sheriff Dudley from office on ac-
count of his surrender of James Dillard to
a mob last November the lower court de-
cided in favor OF Dudley.
shortly after the lynching of Diliard
Governor Durbin decided that Dudley had
forfeited his Office in failing to protect the
negro from mob violence. The sheriff had
been elected for a second term beginning
JAM /, 1908. at the time of the lynching, but
the time for his new term to begin had not
arrived and so he insisted that even though
he may have forfeited the Office of sheriff
for the remaining five weeks of his first
term. he had right to qualify and serve
q second term, as If no forfeiture had ever
taken place. The coroner's suit was not
filed until after Dudley had given bond and
been sworn in for a second term.
The Indianapolis journal., 1903-02-18
THE COURT RECORD.
SUPERIOR COURT.

Il.
Room 2-James NJ. Leathers, Judge.
Maurice d. Cleary VS.. Riverside Construc-
ton Company; contract. On trial by Jury
Room 3-Vinson Carter Judge.
Daniel Barrett. by Edward Barrett his
next friend, V The Indianapolis Street.
railway Company; damages. Jury return
verdict for defendant Judgment against
Thomas Calvin VS.. indianapolis Street.
railway Company; damages. Dismissed hv
agreement at defendants costs.
NEW SUITS.
Daniel ID. Pike vs.. Carrie Ritter and r a
Ritter; judgment on note. Superior Court
Room 2.
City Bond Company VS.. Paul C. Plaster
ct al. complaint on Improvement lien. Su
per!or Court. Room l.
Albert Cant VS.. Comstock & Coonse: dam
ages Superior Court, Room 3.
The Indianapolis journal., 1903-02-18
Grand Jury Report.

The grand jury will probably return sew
era1 indictments in partial report to be
submitted to-day. The calendar of the
Criminal Court holds none but grave-rob-
bing cases. and Judge Afford has no cases
to try within the next few days unless
some work Is provided in a report of the
grand jury.
The Alexander cases Prosecutor Ruck-
elshaus says, will be tried again as soon as
the regular session of the grand jury is
over and the persons indicted by its report
have been tried by Judge Afford. No def
mite date has been set, but one will be
The Indianapolis journal., 1903-02-18

Trade Names-Periodicals Not Compel
ing

Trade Names-Periodicals Not Compet-
ing
Plaintiff published in Maine a periodical
under the name of Comfort" which circu-
lated chiefly in country districts. and con-
tanned stories and advertisements of con-
Germs desiring to reach that class of read
ers. Later defendant started a periodical
which he named Home Comfort" Ii was
published I'm New York. treated of the care
and hygiene of infants and its advertising
matter was largely OF a different character
from that of plaintiffs publication. The
two publications were different in size, ap-
pearance and price and there was no evi-
dence of any intention on the part of de-
fendant TO deceive either purchasers or ad-
vertisers. Held that the two publications
were not I'm fact competitors. and that
plaintiff was not entitled to an Injunction
restraining defendant from using the word
Comfort In the name of his paper, In the
absence os proof that deception or confu-
The Indianapolis journal., 1903-02-18

A street-paving case from Evansville was
decided in the Appellate Court yesterday.
and that tribunal held that city ordi-
nance for the pavement Of strip along
one side of street at the expense of abut-
ting property owners on one side only is
void Judge Wiley held that where a street
pavement Is laid under the provisions of
the Barrett law the statute requires that
the cost shall be assessed against property
owners on both sides.
The Indianapolis journal., 1903-02-18

The judgment of 1853 recovered by the
receiver CT the Eureka Savings and Loan
Association against Theodore c. Whitcomb,
its former secretary. was affirmed by the
Supreme Court yesterday. The defendant
made the contention that he was not within
the Jurisdiction of the Supreme Court be-
cause he Is not resident OF the State. The
court, however. held that as he had filed
a claim with the receiver OF the insolvent
company he thereby submitted to the juris-
diction of the court
The Indianapolis journal., 1903-02-18
Bankruptcy Petitions.

Julius Wohlfeid. furrier of this city,
filed a petition yesterday i'm the Federal
Court asking that he be declared a bank
rupt He owes s9,151.03 and has s49O with
which to pay his creditors.
Edward, jeremiah and Francis Stanard,
of Springville, Ind, also filed a. petition
asking to be declared bankrupts. They op-
Grated a general store up to the year 1893.
They contracted debts amounting to $23,-
So. is and have no money to liqufdate them
NJ
The Indianapolis journal., 1903-02-18

the best good will in the world it could do
but little. SO many demands on its charity
come from other parts of its widespread
empire. One hundred thousand people per-
ished in the great Finnish famine of 1867.
The present famine is assuming far more
formidable proportions, and the main hope
Of this unhappy people lies in contributions
from outside lands of plenty and prosperity.
In the name of our common humanity, let
this hone be realized.
The Indianapolis journal., 1903-02-18
HIGHER COURTS RECORD.
SUPREME COURT

Presenting Dismissal-Filing Set or
1900 Whitcomb vs.. Stringer. receiver
Marion s. q. Affirmed. Hadley, c. j.
4 The preparation OF a written dismissal
and giving notice 10 the Judge and adverse
counsel OF an intention to file IL at the
noon recess when the court was not I'm
session did not constitute a dismissal of
the action so as to deprive defendant OF
Ais right to file a plea OF set-ofr immediate
The Indianapolis journal., 1903-02-18
Administrators Appointed.

Benjamin F. Trader was given letters of
administration OF the estate of Harry Trad
or. who was accidentally killed at the Indi-
annapolis hominy mills a few days ago, by
Probate Commissioner Walker yesterday
The claim OF Traders relatives for damages
from the firm has been compromised, and
the letters of administration were necessary
TO make the settlement legal.
The Indianapolis journal., 1903-02-18

Benjamin Carp. who is now confined in
the police station. was adjudged insane
yesterday and will be committed to the
Central Hospital. Carp Is a tailor and thir-
ty-1ve years old. He has many peculiari-
ties. and among his halucinations is pref
erence to sleep under couch rather than
on IT,
The Indianapolis journal., 1903-02-18

State Of Indiana, Office of Auditor of State
/, the undersigned, auditor Of state Of
the State of Indiana. hereby certify that
the above is correct copy of the state
ment Of the condition of the above-men-
toned company on the 3fst day of Decem-
ber, 1902, as shown by the original state
ment, and that the said original state
ment is now on file in this Office.
In testimony whereof, 1 hereunto SUBJ
scribe my name and affix my Off
ISEAL1 cial seal this 22d day of jan
uary, 1903.
w. II. HART, Auditor of State.
The Indianapolis journal., 1903-02-18

State of Indiana, Office of Auditor of State.
l, The undersigned, auditor of state of
the State of Indiana, hereby certify that
the above is correct copy of the state
ment of the condition of the above-men-
toned company on the 31st day of Decem-
ber, 1902, as shown by the original state
ment, and that the said original state
ment is now on file in this office.
In testimony whereof, / hereunto SUBJ
scribe my name and affix my off,
ISEALA1 cial seal this 18th day of Feb
ruary, 1903.
d. E. SHERRICK, Auditor oe State.