The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-09-18

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argument that such inducements to trade
are in the nature Of lottery. is wholly
overthrow. The opinion of the Rhode
Island court Is fully SUSTAINED and con-
nrmed by the Virginia court. II Odds that
IN the case at bar the clement OF chance
Or lottery Is wholly wanting There. ts no
Uncertainty nor Indebtedness about the
premiums. The articles are certain and
1 fixed. 1t further says: tt3
Everything Legitimate.
I'VE find nothing In the contract be-
tween sperry and Hutchinson Company
and the defendant nor the transaction
with customers In pursuance OF such con-
tract that Is not legitimate exercise Of
ones right to prosecute his business In
his own way. 1ndulging every possible
presumption in favor Of the validity OF
the statute now under consideration, we
are constrained to the conclusion, upon
reason and authority, that 1t Is not a
valid exercise OF legislative power. It at
tempts to prohibit and restrain the do
PENDANT In the lawful prosecution Of a
lawful business
The court further holds that the statute
Is unequal In its operation and purpose
y UeCtiuSe II uUeS IlOI give u ILL C1dSSSS "
merchants the same protection and rights
under the law. Having come to the con-
clusion that the act cannot be sustained
az being a valid exercise OF the police
power, 1t becomes unnecessary to ( con-
slider this last mentioned point namely,
that tho act is obnoxious to the four
teenth amendment. as being class legisla-
ton Z? !; I'LL
For these reasons. the conclusion.
Isf,
Syersed and this court will enter such
Judgment as the Circuit Court should
have entered, reversing the judgmen OF
the County Court Of Clarke county and
dischargIng the defendant from custody"
Brett vs.. Donaghe.
In the case Of Brett vs.. Donaghes guar
OF Augusta county, the decree Of that
court Is reversed. This is q case grow;
Ing out of the will Of Wm.E Donagh
Sr.. whereby one Of his great-gra 2dsons
the estate wlled to one Of his children
and that, ones children. The question
involved Is whether the word children,
embraces descendants or merely the ID
sue in the first degree. The court holds
to the latter construction, and declares
that the lower court erred In holding
that the infant son Of Everett Donaghe.
great-grandson Of the testator was en-
from the trust fund created under the
fifth clause OF the will. For the fore
going -rea sons the decree Of the Circuit
Court OF Augusta must be reversed
Herring vs.. g. & VS..
In the case Of II. 6. Herring vs.. the
and Raway ana ind
BY Judge Cardwell, aftirlAs the judy
ment OF the Circuit Courtof Rockingham
from which the appeal comes. The APP
Albany. Texas, to Bridgewater. Va, and
alleges that he was charged ten dollars
in excess OF his agreement. and an addi-
tional sum for forage for his stock, and
caught en- route BY the snow storm Of
February 1soa and four Of his most val
liable horses died. The court reviews the
testimony, showing that the storm Is ne
the horses and the delay in transpo rtatton
the remote cause It holds that the evil
dence does not warrant holding the Louis
vile and Nashyil.e Railway H,,as resp9ns, PIE
the appellee cannot be held liable In dam
ages resulting from injury to: his stock.
the proximate cause OF which was the
that commenced after the stock had de-
parted from New Orleans. The law re-
fers an Injury to the rroxnate cause
and MT t. the remote cause The decree
!, Geillvs. Cell. ,ai,itols}t
In the cause Of Cell vs. Cell, from the
rison writes the opinion Of the court.
er court and remands the cause for
further hearing.
acknowledgment Of Rebecca Cell to a
deed dated September 49, 1871, from Henry
Cell and wife to Jacob Cell. This case
grows out Of a technical objection to the
n acknowledgements NJ dAad ~,
Henrys Wife. Rebecca Cell The court u
holds. that. the certificate substantially
fcomplies with the law and that It's prime
object has been ACCOMPLISHED yand jjtha
wife fully protected from imposition or
! coercion BY tho husband In so FAR as the
JUSTICES talsing, the ack,now,Iedg ement
dism sses the technieal auhblea as court
worthy of moro serious consideration TIVE
court merely follows the liberal rule Of
construction, -
Lusk VS. Pel'er& Co.
K In the cause Of Lusk ct ais. VS.. PETER
aear eoPsaS s. St. 49, 9aax he w 9Rasa
gusta county, This case invo!yeoss A az
title TO ten acres Of land situated in
a. the Black Rock Iron Ore Mipee, 'o ana
otherwise known as Moore's old ore bank.
The chief interest in this case is that
involves title to one Of the Oldest iron
WORKED more or less since 1888 T Hfa c eesm
IS reviewed In a yo!uminous decision by
Judge Whittlc, In which the report ~
the commissioner In the, case and OF the
Circuit Court In confirming that report.
TO the land in question through aye erse
possession under color OF title Far
the statutory period and the further
defense that the plaintiffs are estoppsd
cestor, William Lusk, from asserting title
to the land It appears that the methods
Of holding and transferrlIng land In the
ssass PORTION q ne eGSnfS5y We're Very
to clearly establish titles by the usual
methods. ''''
It appears from an examination Of deeds
and titles and the testimony q witnesses
nrnnarfv q hnnt 1910, and hnd mia - ~