davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
THE TAX CONTEST CASE.
The Trading Stamp Company and
Winston Having Big SquabbIe.
Especial to News and Observer

Winston-Saiem, N c., Dec. 1.-THE end
appears not to be in sight in the tax con
test between the city of Winston and
the Trading Stamp store people. The Win
ston aldermen met in called session at
four o'clock yesterday afternoon when
the proposition of the stamp people to
give bond for the payment Of the $4,000
tax in case the courts decided against
them, was presented for consideration.
This was promptly declined and they pro-
ceeded to adopt the following new ord
nance:
BE it ordained, that every person firm
or corporation who uses in his business
by giving or selling in connection With
sales of goods, wares and merchandise,
any trading stamps or other devices. to
be redeemed by other persons firms Or
corporations, within the corporate limits
of the city of Winston shall pay an an
nual tax of 500, the same to be in force
from and after its adoption
This morning Judge McNeill signed 9
writ of habeas corpus insthe $4,000 tax
case, returnable before him at two o'clock
this afternoon. This was not heard on
account of the counsel for Mana ger. Ben
son, of the Trading Stamp store, being
unable to find Chief of Police Crutchfield
in time The matter was reported to
Judge Mcneil who stated that if the
officer was lodging he would be arrested
for contempt of court.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
THE VALUE OF CHARCOAL.
Few People Know How Useful 1T IS IN
Preserving Health and Beauty.

Nearly everybody knows that charcoal
is the safest and most efficient disinfect-
ant and purifier in nature, but few realize
it's value when taken into the human
system for the same cleansing purpose
Charcoal is remedy that the more you
take of it the better: it is not drug at
all, but simply absorbs the gases and i'm
purities always present in the stomach
an intestines and carries them out OF the
system.
Charcoal sweetens the breath after
smoking, drinking or after eating onions
and other odorous vegetables.
Charcoal effectually clears and improves
the complexion, it whitens the teeth and
further acts as a natural and eminently
safe cathartic.
1t absorbs the injurious gases which
collect in the stomach and bowels; it dis
infects the mouth and throat from the
poison of catarrh.
All druggists sell charcoal in one form
OF another, but probably the best charcoal
and the most for the money is in Stuarts
Absorbent Lozenges; they are composed
of the finest powdered Willow charcoal,
and other harmless anti-septics in tablet
form or rather in the form of large, pleas,
ant tasting lozenges, the charcoal being
mixed with honey.
The daily use of these lozenges will soon
tell in a much improved condition of the
general health, better complexion, sweeter
breath and purer blood, and the beauty
of it is, that no possible harm can result
from their continued use, but on the
contrary great benefit
A Buffalo physician in speaking of the
benefits of charcoal says: 81 ADVISE
Stuarts Absorbent Lozenges to all pa
tients suffering from gas in stomach and
bowels, and to clear the complexion and
purify the breath, mouth and throat;
also believe the liver is greatly benefited
by the daily use of them; they cost but
twenty-five cents box at drug stores, and
although in some sense patent prepare
ton, yet I believe ] get more and better
charcoal in Stuart's Absorbent Lozenges
than in any of the ordinary charcoal
tablets"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

disease out of my system il few days
and did not hinder me from pursuing
my daily work.
81 should like to see our Board of
Health give it official recognition and
have it used generally among our poor
sick people in Greater New York. -
Joseph A. Finn.
d. J.. Wallace, charter member of the
International Barber's Union, writes
from 10 Western avenue, Minneapolis,
Mimi:
"Following a severe attack of la grippe
/ seemed to be affected badly all over. /
suffered with a severe backache, indi-
gestion and numerous ills, so / could
neither eat nor sleep, and 1 thought
would give up my work, which l could
not afford to do.
zone of my customers who was greatly
helped by Peruna advised me to try it,
and procured bottle the Same day. l
used it faithfully and felt 4 marked i'm
provement. During the next two months
/ took five bottles, and then felt splen-
did. Now my head is clear, my nerves
steady, enjoy food, and rest we'll. Pc
runa has been worth dollar a dose to
med. L. Wallace.
Mr.. o. II. Perry, Atchison, Kansas,
writes:
"Again, after repeated trials of your
medicines, Peruna and Manalin, I give
this as my expression of the wonderful
results OF your very valuable medicine
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
Lieut.. Gov. Turner's Candidacy.
Especial to News and observer.)

Especial to News and OBSERVER
Statesville. n. c., Dec 12-Your CORE
spondent called at the office of Lieuaten-
ant Governor Turner and interviewed him
in regard to his candidacy for the Guber-
material nomination. Mr.. Turner was
somewhat reticent as to any statement he
would make in regard to the present suit
uation and his strength for the nomina-
ton. large batch of letters shown me
coming from every section OF the State
indicated that his support In all sections
was very strong, and demonstrated the
favor the people have for him as their
candidate on the Democratic ticket for
the position of Governor of the State.
Letters are continually pouring into his
post office tox from the people and prom
inent Democrats of the State assuring
him of their support and a liberal vote
from their respective sections in the con-
of his prospects of receiving the nomina-
ton at the hands of the convention, but
it is very evident to your correspondent
from the sentiment of the people and
prominent Democrats, gathered by inter
views with them, that the people OF the
West, and especially OF the Piedmont sec
ton, will largely support Mr.. Turner'S
candidacy They know his worth and be-
heve in him, From the East comes the
most encouraging reports of his strength
and the support that will be given him
by the people from the different districts
in thos sections. The people all over the
State know Mr.. Turner's knowledge OF
the affairs, conditions and needs of an
administration on all questions. He
thinks Ill of none of his opponents, but
believes in their ability.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
Sale of Valuable Sash and
Blind Factory.

BY order of the Superior Court of Dur
ham county, I will sell at Court House
in Durham, N. c., II o'clock, NJ, Satur-
day, December 10Th, 1903, that planning
mill complete, lumber material and three
horses and wagons belonging to Sen La
Woodworking ompany.
This factory is thoroughly equipped for
making sash, doors, blinds, etc, is sit
uated on three leading railroads in the SUI
burbs of Durham and lease option for five
years will go with sale.
For terms and particulars write Win
ston G. Bryant, Attorneys, Durham, N. c.
PAUL C. GRAHAM, /.
Receiver.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

r IKE A DEMON grip has crossed our
- country, leaving behind scores of
physical wrecks.
Victims Of catarrh Of the head, catarrh
of the throat, catarrh of the lungs,
catarrh of the stomach, catarrh of the
kidneys, catarrh Of the pelvic organs,
are to be counted by hundreds of thou
sands. Grip is epidemic catarrh, and
sows the seed of chronic catarrh within
the system.
This is so true that few grip sufferers
are able to make complete recovery
until they have used Peruna.
Never in the history of medicine has
remedy received such unqualified and
universal eulogies as Peruna.
A New York AIderman's Experience.
Hon. Joseph A. Finn, alderman Fifth
District, writes from 10f Christopher
street, New York City, as follows:
"When pestilence overtakes our
people we take precaution as nation to
preserve the citizens against the dread
disease.
"La grippe has entered thousands Of
our homes this fall, and noticed that
the people who used Peruna were quick
fy restored, while those who depended
on doctors prescriptions, spent weeks
in recovering, leaving them weak and
emaciated.
81 had slight attack of la grippe and
at once took Pcruna, which drove the
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
APPEARING OLD
Acts as a Bar to Profitable Employ
ment.

You cannot afford to grow old.
IN these days of strenuous competition
it is necessary to maintain, as long as
possible ones youthful appearance.
It is impossible to do this without re-
tanning a luxurious growth of hair.
The presence of Dandruff indicates the
presence of burrowing germ which
lives and thrives on the roots of the
hair until it causes total badness.
Newbro's Herpicide is the only known
destroyer of this pest, and it is as effec-
tive as it is delightful to use
Herpicide makes an elegant hair dress
ing as we'll as Dandruff cure.
Accept no substitute-there is none.
Sold by leading druggists. Send 10c. in
stamps for sample to The Herpicide Co.,
Detroit, Mich.
Henry T. Hicks & Co., special agents.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
A GLORIOUS WEEKS SPORT.
The Governors Party Separate After
Making Great Hole in Game.
Especial to News and Observer

Elizabeth City, N. c., Dec. 12.-The
gubernatorial duck-hunting party arrived
at Edenton at noon today III high glee.
They had the house boat and the tug
festooned with ducks of all varieties,
swan and wild geese, nearly one hundred
feathered evidences of their alert and
accurate Workmanship. They separated
here, the Raleigh members of the party
leaving for home via Norfolk Judge Win
ston returned to Windsor. while Judge
Wescott and Captain Corwin remained
in Edenton. They report most glorioua
weeks sport and fun and no accident or
casualties.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

entertained here that the whole sum will
soon be raised. The bazaar opened on
the 10th and will close today. The re-
ceipts already are very fiattering. This
is the third attempt to raise monument
to this distinguished Southern commander.
The ladies are behind it now and this
fact alone insures its erection.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
Monument to Gen. Pender.

Especial to News and Observer
Tarboro. NC, Dec. 1.-THE Daughters
OF the confederacy are now holding
bazaar in the town hall to raise funds
for the erection of monument to Gen.
w. d. Fender. have learned that nearly
one-half of the required amount is al
ready in sight, and no doubt seems to be
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

in its effects in my case after repeated
trials.
"First, it cured me of chronic bron-
chitis of fifteen years. standing by using
two bottles of Peruna in January, 1894,
and no return of it.
"After 1 was cured of bronchitis I had
la grippe every winter for several WIN
tiers. But, through the use of Peruna,
it got gradually weaker in its severity,
until it dwindled down to mere stupor
for two or three days. Now the stupor
does not trouble me any more. 20. H.
Perry.
COn9reSSmar'S Experience.
House of Representatives,
Washington, ID. G..
Peruna Medicine Co., Columbus, Ohio.
Gentlemen-"I am more than satisfied
with Peruna, and find it to be an excel
lent remedy for the grip and catarrh. L
have used it in my family and they all
join me in recommending it as an excel.
lent remedy"
Very respectfully,
George II. White.
If you do not derive prompt and salts
factory results from the use of Pcrana,
write at once to DR.. Hartman, giving a
full statement of your case and he will
be pleased to give you his valuable adj
vice gratis.
Address d.. Hartman, President OF
The Hartman 6anitarium, Columbus,
Ohi%,
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

board of water works ;oners
franchise, etc, are held by said board IN
trust for the use of the city and not
subject to be sold for any indebtedness
of the city.
90 That the bonds heretofore issued by
the city under act of assembly for the
purchase of the water system by the city
are not affected by the subsequent bonds
issued by the board of water commis
sioners.
WADSWORTH V. CITY OF CONCORD, APP
pellant. Affirmed.
When the legislature specially and
plainly prescribes the mode OF contract
ing by a municipal corporation, the mode
prescribed is exclusive and must b
strictly observed.
Section of Chapter IS Private Laws
1903 amending the charter of Concord,
provided that the commissioners OF Con
cord shall have power and it shall be
their duty to provide for lighting the
streets and public buildings OF said town
and 10 contract for an dpay Tor same
Chapter SO Private Laws 1908, provided
that upon petition of teWenty citizens
der an election and if a majority of the
citizens should vote in favor of lighting
the town by electricity the commissioners
should have power to contract tor such
lights, etc, for term not exceeding
twenty years, the commissioners to levy
a tax to pay for the same. Prior to the
foregoing enactments the commissioners
contracted with one to furnish electric
lights for the town for IS years and after
the passage Of the aforesaid acts the con
tract was ratified by resolution of the
commissioners.
Held that the power of the commission
ers to contract for lighting the town IS
restricted TO the provisions of Chapters
80 and SO Private Laws 1903 and ratifi
cation of the contract prior thereto was
properly enjoined.
A legislative enactment that it shall
be the duty Of town commissioners to
provide electric lights for town is at
least a legislative construction that such
lights are a necessary expense.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
Supreme Court Digest.

(Reportcd by Jos. S. Seawel)
SUMMERLIN, appellant v. c. AND n.
w. RAILWAY CO. From CASTOR. NO
error.
A witness testifying as an expert must
base his opinion upon facts within his
own knowledge or upon the hypothesis
of the finding by the jury of certain facts
recited in the question.
When there is no conflict OF evidence
uron the material facts, no hypothetical
question is necessary; but it Is not proper
to frame the question so as to require
the witness to draw a conclusion OF
fact. or to require him to pass upon the
effect of the evidence in proving contro-
verified facts; neither should the expert
be asked the question in such manure
an to require him to decide the very
question which will be submitted to tie
jury.
A party to an action cannot be silent
while a witness is testifying as a qualified
EXPERT to matters of opinion which are
material to the controversy, and after he
has testified, object generally TO some
question afterwards asked hl1, and then
upon appeal make the point tor the hrSt
time as to his competency.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

STATE V. HOLDER, appellant. From
Cabarrus. New trial
A general verdict to an indictment con-
tanning several counts constitutes a YER
dict of guilty on each count, and if there
IS Il defect or IN erroneous charge, or
lack of evidence as to any count, the
verdict will be imputed to the sound
count as to which there was no errone-
Gus instruction or lack of evidence.
Objection to venue or failure to prove
date is waived if not taken in apt time
by plea in abatement.
An indictment against II and S jointly
for selling sprtuous liquor without H.
cense, charged in the first count a sale
by S and H by a measure less than one
quart, to-wit, three pints," alleging fur
Their that S had no license to retail; and
in the second count that defendants were
not licensed druggists, etc, and the third
count alleged sale by S and H of ono
pint of spirituous liquor after an election
Under which prohibition for the county
had been adopted.
Held that the courts which failed to
charge that the defendants had license
were fatally defective and motion of de-
PENDANT Holder in arrest of judgment
should have been sustained.
Held further that only one sale having
been shown, it was error to refuse the
defendants request to charge that if the
three pints' were sold as one transac
ton, ii could not sustain the charge Of
a sale by measure less than one
quart"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
$25 in Gold
Given Away
......".BY.....,..
Mrs. Joe Person.

I will give $25 in gold
to the person sending me
the best five-inch, or less,
single column advertise
ment, written or display
ed, of Mrs. Joe Persons
Remedy. All who try for
the award must send in
their papers to me by
the 31st day OF January,
1904, as the contest closes
on that date.
Captain S. A. Ashe,
Hon. Josephus Daniels
and DR.. I. M. Jordan. all
of Raleigh; N. c., will be
the committee to decide
who sends in the best ad-
vertisement.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13
SALMONS V. W. U. TEL. CO., appellant.
From Wilkes New trial

SALMONS V. W. U. TEL. CO, appellant.
From Wilkes. New trial.
In action against a telegraph company
to recover damages for Negligent nature
to deliver message in til2e, it appeared
that the plaintiff agreed with dlstiller
to advance him a certain amount 81
money to buy revenue stamps to pc
placed upon barrels of whiskey then in
the distiller's distiller promising t.
repay the plaintiff when he
the distiller's possession, the distiler
gave check for the necessary amount
to another person who was going to
neghboring town where the stamps were
to be bought, and who agreed to buy
them. Thereafter the plaintiff learned
that there We're irregularities at the dis
tillers place of business, which would
render the unstamped whiskey liable to
texture, and the plaintiff Immediately
wired to one as follows: Tell A. V. f.
-if he has not had samps issued for
T. NJ. S.---not TO have it done"
that the telegram was negligently kept
at the receiving station and did not reach
the sendee until after the stamps had
been bought and the barrels of Whiskey
were carried away and could not be
ctamped.
Held that the transaction between the
plaintiff and the distiller constituted a
loan and it was error to render judg-
ment against tho defendant for the
amount Of the stamps.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

OUR HARMLESS REMEDY RE-
leves without fail abnormally sup
pressed menstruation. For Free Trial
address Paris Chemical CO., Milwaukee,
Wis.
1O--25-St Sun.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

From Men York 7ourmak "
"Daring the recent CRIT ebi- Y
l,Smtc, claiming a million nc
tins OF, more, the efficiency Of Peruna
in quietly yellevfng this malay and
its at7er-e6scts Aas dee1 the talk efthe
continent"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

cox, appellant V. DOWD. From Meek
lenburg. No error.
An unmarried woman transferred in
blank the certificate of cotton mill stock
by her to her brother who, without her
knowledge, used the stock as collateral
for a loan and after renewing the loan
from time 10 time paid it off by another
loan of larger amount, the latter be-
ing also secured by the certificate Of stock
and other security. The owner of the
stock married and the certificate of stock
was temporarily withdrawn for. the pur-
pose of having it reissued in the married
name Of the owner and was then Ell
dorsed in blank form by the owner, as
before-her husband not jointly therein
and returned as security for the loan.
The loan was thereafter twice renewed
and then assigned to another and renewed
upon part consideration that the debtor
would give the creditor employment, and
the loan wss afterwards reduced by sale
of other collateral security. None of the
creditors had notice of any restrictions
upon the power of the ssignee to use the
stock
Held that the certificate being assigned
in blank and without restrictions, con-
stituted an agreement by the owner 9of
the stock that it might be continually
held by her brother for his benefit ana
therefore the renewals of the loan, pre-
pa yment of interest and further consider
alton, etc, did not have the effect OF TO-
leasing the security afforded by the GER
tlficate Of stock.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

BROKENBROUGH, appellant V. WATER
COMMISSIONERS OF CHARLOTTE.
Affirmed.
Where q SYSTEM of water works owned
by municipal corporation is vested by
act OF assembly III an incorporated body
OF water commissioners to be elected by
the aldermen of such municipality, with
ownership of the real estate and all other
property belonging to said plant, and
full management and control thereof, and
said board of water commissioners are
authorized by act of assembly to issue
bonds to provide additional improve
ments and furnish the city with suffi-
cient supply of water, the bonds and in
terest thereon to be secured by mort
gage on the water works plant and to be
paid from the tolls collected by said con-
missioners and none of the city funds
raised by taxation to be applied to the
payment of the bonds, it is held
"a That the bonds. do not create a
debt against the city and it was within
the power OF the legislature to enact the
laws Incorporating the board of water
commissioners and authorizing them to
issue bonds for necessary Improvement
OF the water works and apply the water
tolls in payment thereof
(2) That the water works owned by the
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-13

Henry t. Hicks & Co.. special agents.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1903-09-03
MOLLY INQUIRIES ARE ACTIVE
Responsible For Many Murders in
Anthracite Regions

New York, Sept, 2.-Continued Grim
inality In the anthracite coal fields Of
Northern Pennsylvania has not only
aroused feeling of insecurity among
the residents Of the poorly protected
mountain districts, but the authorities
are becoming very much puzzlel over
the mystery surrounding the nlmer-
Gus murders committed there, a cord
ing to special dispatches from rama-
qua.
The coal and iron polic2 end letec-
tives declare that the spirit of Molly
Mcguire brotherhood IL rs strt lg In
certain localities as during tn early
'7Gs, when crime was rampant thu lugh-
out the coal fields.
The local authorities of SClulkill
county have endeavored to ferret out
and hunt down the murderers but all
efforts have proved futile. Five men
recently are asserted to have received
missives bearing the suggestive skull
and cross bones, but paid no attention
to them.
From the mystery surrounding sew
eral anprovoked and bloody tragedies
In Luzerne, Columbia and Lackawan-
ma counties, IL is believed that some
oath-hound organization is responsible
for the crimes. The police of Columbia
county have already arrested several
suspects
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1903-09-03
FATHER MURPHY RESIGNS
Controversy Over win Causes
Priest to Be Transferred

New York. Sept. 2.-The Rev. Pat
rick J. Murphy. c. s. r., has resigned
from the Paulist order In this city.
Having been released from the obli-
cations OF the New York archdiocese by
permission OF Father Deshon, superior
Of the Paulist order. and Archbishop
Farley. Father Murphy has affiliated
with the Davenport. Ia. diocese and
Bishop Cosgrove Of that see has ap-
pointed him professor OF history in his
diocesan theological seminary. Faith
er Murphy's resignation Is the culmin-
alton Of controversy which has last
ed more than year. II Is said 10 have
been brought about finally by the part
Father Murphy took In the Jane Morris
viii case.
John Hughes, a nephew OF the Rev.
John Hughes. assistant superior OF the
Paulist order was alleged TO have in
Guenced the woman In the matter Of
willing $1,000 TO the order and Father
Murphy is said TO have been accused
of urging the woman's relatives to
bring a suit to recover the property.