davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
EXTENDING THE DOCTRINE OF
MENTAL ANGUISH.

There has been much division Of opinion
in the legal profession about how to reach
the cash value of mental anguish in the
increasing number of mental anguish"
SUITS The most remarkable deliverance
upon this litigation is made by the SUI
preme court of Louisiana growing out of
a breach of contract to prepare trous-
seau. This is a case that will interest
the women as well as throw light upon
knotty law problems.
The Supreme court of Louisiana, in the
case of Lewis V. Holmes, "a Southern Re
porter, sc, holds that damages may be
recovered for the deprivation of intel
lectual- enjoyment and for mental suf-
fering resulting from the breach of the
contract of a fashionable milliner to fur
nish the dresses for the trousseau Of a
bride of wealth and high social standing.
The court states that it must take into
consideration not alone the disappoint-
ment of the bride in not having the
dresses in time for the wedding, and her
modification and humiliation in going to
trousseau, but also the fact that enter
tainments had been planned in her hon
or ON her wedding tour and at her ar
riy,.. at the home of her husband, which
entertainments she had to forego for want
of the dresses.
1t is not stated how much money was
awarded to the disappointed bride. The
amount evidently depended upon the abil-
ity of the contractor to pay, for no money
value would compensate a bride for the
anguish of mind and humiliation conse-
quent upon failure to receive her we'd
ding outfit.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
A PLEA OF CONFESSION AND
AVOIDANCE.

Some time ago Bishop McVickars, of
Rhode Island, in virile and vigorous adj
dress, denounced the political corruption
that dominates and honeycombs that lit
tie State His strong statements were
not disputed, but the machine papers
cried out that he was "slandering the
State"
1t seems that the sale of votes is most
fragrant in what is known as the country
districts" which are, more strictly speak
ing, suburbs of the cities for there is
such as we have in North Carolina. The
Providence Journal, which cannot deny
the existence of political rottenness and
which viii not join Bishop McVickars in
a crusade to defeat the party responsible
for the rottenness, thus makes a plea of
confession and avoidance:
I'm the course OF five or six generations
they have received the impression, and
will pass it on to their children, that it
Is not merely a duty TO vote, but it is
also an opportunity to secure an easy
wage for light days work AS far as
the Rhode Island countryman goes, it is
safe to say that he merely feels resent
ment when any one scolds him for pick
ing up the greenback wn4ch is dropped at
his feet by careless politicians.
If Rhode Island has fallen so low. moth
ing short of a revolution can reform its
bribe-giving and bribe-ta1ing people
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
A VICIOUS STATUTE.
Enfield Ledger.

Enfield Ledger.
Under the common law when the COM
mission of a crime is proved the intent
is inferred and then the burden OF proof
is shifted to the defendant to show want
OF intent or other mitigating circum-
stances which will convert a grave crime
into one of lesser degree or entirely ex-
oncrate the defendant. Nothing could be
more reasonable than this rule. 1t is i'm.
possible for a jury to look into the re-
cesses of the heart and mind and to say
whether man premeditated an act and
so committed it with malice aforethought.
Therefore the law infers that he did this
and requires him to rebut the presump-
ton of evidence showing there was no
malice. But Nthex Legislature of North
Carolina has passed an act reversing the
rule of the common law, and now when
a man kills another the burden of proof
is on the State to show that the act
was premeditated and with malice afore-
thought. Should the State fail to produce
evidence to convince the jury of, this,
however horrible may be the circum-
stances, the crime is reduced to murder
in the second degree.
A mere statement of the effects of
the statute is sufficient to show its vic
iousness The actings and workings OF
the human mind are invisible and in
tangible and are concealed in the re-
cesses of each individual breast. The
jury is sworn to be guided by the law
and the evidence, and the lawyer for the
defendant is continually holding before
it that the State must prove the intent
and the judge charges to the same eff.
feet. Under these circumstances a con
scientious jury can not find malice with
out evidence and a great many escape
the just penalty of their crimes.
IT needs but a glance at the crimi-
nal record of the State for year to show
the evil effects of this statute. In Char
lotte mans private house is invaded
and himself murdered and the perpetrator
gets off with five years in the peniten-
tiary On a passenger train near Hen
derson a railroad man who had gone to.
the rescue of the conductor in the dis
charge of his duty to defend him from
the murderous assault of riotous ne
groes, is shot down and the murderer
gets off with a period of Imprisonment
And so the list might be continued al
most indefinitely showing that North Car
DINA is forging to the front in criminal
reputation.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
A MORNING TONIC.
professor Dummond.h

1t requires well-kept life to do the
will of God, and even a better kept life
to will to do His will. To be willing is a
rarer grace than to be doing the will of
God. For he who is willing may some
times have nothing to do, and only be
willing to wait; and it is easier far TO be
doing Gods will than to be willing to
have nothing to dot is easier far to be
working for Christ than it is to be willing
to cease No, there is nothing rarer in
the world today than the true willing
soul, and there is nothing more worth
eoveting than the will to do Gods will.
There. is no grander possession of any
Christian life than the transparency
simple mechanism of a sincerely obeying
heart.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
WILL pack THE COURT. "

Reviewing the Supreme court decision
OF to 4 in the recent Hawaiian case, the
New York World concludes by saying: In
such circumstances it Is not at all in
conceivable that the court may yet re-
verse itself on this question, as it has
done on Others" 1t is safe to predict
that the court will not reverse itself
while the imperialists control the appoint
ing power Whenever a justice retires, he
will be succeeded by a jurist known to
support the political policy of the admin
istration on the imperial question. What
this amounts to, in plain English. is pack
ing the court. The original insular decis-
ion was dictated by political exigencies,
the later decisions follow it by to 4
votes, and there you are.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
THERE'S NOTHING LIKE 1T.

Ashevllle Citizen.
In these days of general jail deliv-
cries throughout North Carolina, we can
still keep up a show of consistency in
condemning bloodshed by denouncing the
goings-on over in Breathitt county, Ken
lucky, or by taking a turn at Jim Till
man down in South Carolina. Then
also there's the crazy negro Broadnax,
recently hanged at Reidsville and the
three little negro boys from Whining
ton given twenty years each for burglary.
Oh, there's nothing like strictly enforcing
our laws, and doing it impartially
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

A little while ago, the Commercial
Democrats were pointing to Senator Nc
Laurin as the ideal Southern Senator and
he was held up to the emulation of South
ern men. How is it now when he has
gone broke" dealing with gold brick
sharpers in New York? Better thousand
times the old time Senator, concerned with
large problems, than the kind who wants
to get rich quick.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Since the rotten cross-tie wreck on the
Southern Railway near Raleigh, distin-
guished North Carolina editors and orators
have found new expression of common
dation. OF any man they wish to praise
they say; He hasn't rotten crosst tie
IN his makeup" Thus do accidents add to
the worlds Rhamkatte
Rooster.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The people of North Carolina must do
one of three things:
1. Assess their property at what it is
really worth, and pay taxes on it at its
proper valuation:
2. Shut up the States charitable and
educational institutions and shorten the
school term: or
). Issue bonds every two years.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Michael Davitt's story of the oppression
OF the Jews in Russia, printed today, is
a biood-curdling story by man of char
acteracter who writes from the scene of
the crimes. Is this the twentieth century
OF do we still live in the Dark Ages?
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Prof. Totten predicts that .the wrath
of God will be literally poured out upon
all nations that have ever lifted their
hands against the Jews"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The Fayetteville Observer speaks in the
highest terms of the address OIL Col
Wharton J. Green, delivered in Fayette-
vile on the ninety fifth anniversary of
the birthday of Jefferson Davis. No man
and no man is so well qualified to
delineate his life and character.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Gov. Berkeley, Of Virginia, is not dead
He lives and is reincarnated in the person
of Governor Pennypacker, of Pennsyl-
vania.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
SHOULD BE SEVERE

Greenville Reflector.
We commend Judge Shaw for sending
the bigamist Mite. the roads for
seven years for marrying two women. The
punishment is severe and should be.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

A correspondent of the Atlanta Consti-
tuition wants the ticket in 1904 to read
German and Gordon. 1t should add as the
platform, to complete the ALTERATION.
cit thar
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Mr.. J. H. Bridgers has returned from
trip North, where he went to confer with
the principal stockholders of the electric
light plant with view to rebuilding and
greatly improving the same Henderson
Gold Leaf.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The Waynesville Courier has entered
on its eighteenth volume, Under the
management of Editor Briggs its improve
men has been marked.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

If Murrow and his father, who are well
fixed financially, do not take care of the
wronged woman and the child, they will
advertise themselves as unworthy Of the
clemency.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Several families that went from here
to Union, S. c., a few weeks ago, to
work in factories, have returned They
complain Of too much work too much
hot weather and bad water, and too small
wages.-Frinklin Press.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The directors Of the National Bank at
their meeting yesterday adopted a, safe
strong and conservative course by passing
up to the surplus fund the earnings
amounting to $1,000. or 10 per cent. on
the capital made in the last nine months.
Fayetteville Observer.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
TOO LONG DEFERRED.

Henderson Gold Leaf.
The Concord Tribune says that what
North Carolina needs is a practical APP
pllcation of Judge Clark's dissenting opin-
ion in the Cole case. There can be no
doubling about it and the mistake has
been in already too long deferring the
application. 80
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
Spirit of the Press.
THE FOREMOST.

Chapel Hill News.
North Cardinals foremost daily news
paper, the News and Observer.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
GOVERNMENT BY INJUNCTION
GONE TO SEED.

An Omaha judge has granted the APP
plication of a landlord for an injunction
restraining a woman tenant in an apart
ment house owned by him from entering
the apartments Of other tenants or
TALKING ABOUT THE LANDLORD
IN ANY MANNER WHATEVER.
That is the most sweeping injunction yet
issued by any judge who believes in gov
eminent by injunction" 1t shows the alb
surdity of the new and unsafe method of
converting a judge into court and jury.
Of course the woman will talk when,
where, and about whom she pleases. Who
will find constable that can put pad
lock on her mouth?
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Mr.. e. w. Pou is building up a new
ADDITION to the town on the southeast side
OF the railroad, near the depot to be called
Belmont. He is also building some new
houses on Oakland Heights. With her
suburbs, Elmwood. Brooklyn, South
Brooklyn, Oakland Heights and Belmont.
smlthfield is fast becoming little city
Smithfield Herald.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
Industrial News.

The railroad superstition that one wreck
calls for three will no doubt have the last
figure changed to thirty soon, merely to
conform with facts.-Atlanta Journal.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The divorce mill ran on full time in An
son last week and ground out three di-
vorces.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The civil hydraulic and engineering firm
Oh Ladshaw e Ladshaw, of Spartanburg,
;. e., has secured the contract for the
survey and complete development of the
Roanoke Rapids on Roanoke River, near
Weldon. This will be a 20 600 horse pow
er development. The power viii be used
to drive the street cars, lighting etc, for
Norfolk, Va, and will be transmitted to
that city-a distance of ninety miles from
Roanoke Rapids.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Mr. Edgar Parmalee did exactly right,
when shown his mistake, to withdraw as
business manager of the organized negro
labor union. 1t had in it elements of
danger, and neither Mr.. Parmelee nor any
other man could have controlled such a
body.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

A New York exchange saws that the
seaboard's extension from Atlanta to Bir-
mlngham IS OF much broader significance
than IS understood in the North. 1t is IN
doubleday she most important railroad ex-
tension undertaken in the Southern States
IN recent years, and is calculated to
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

That's the first I had heard Of It." said
Mr.. John f. Love, when congratulated the
other day upon having made ten thou.
sand dollars on spot cotton, as published
in the Charlotte Chronicle. He said the
Loray had cotton enough to run on until
the new crop comes iA-bought 1T low
figures last fall, but did not have any to
sell. The report referred to was based
possibly on the fact that the Old Mill and
the Avon had 1000 bales more than
enough to last until the new crop was
available and that, as this surplus was
bought when the market was low, there
Is Is margin OF $4,000 or $4,000 profit in
It, Mr. Love says he doesn't need this
thousand bales and that when the market
IS favorable and he gets good and ready'be
may sell it.-Gastonia Gazette.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The recent discoveries Of gold in this
county are exciting the miners consider
ably, and bringing them to this sec
ton. Titles of real estate in those sec
tons in which gold is known to exist
are constantly changing, and some of this
apparently worthless land brings fancy
price We are glad to see northern cant
tai come this way, and hope it will CON
tinue to come, as it does more toward
developing section than anything else
Every inducement should be offered that
viii bring money into this section to he
nyested.-Troy Examiner.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07
ASSESSING PROPERTY FOR TAX.
ALTON.

This is the month that North Carolina
people quit Dragging about the wonderful
increase in values within the past few
years. Dragging about increases costs
nothing when done in any month but
June but if one brags in June, how can
he explain that the increase does not
show on the tax books?
The truth is that the tax assessors will
fail in their duty if they do not increase
the. assessment of the property of the
State for taxation. 1t is a difficult duty
they are called upon to perform, but every
public duty that is worth doing is difficult.
1t is also a delicate duty, calling for the
exercise of tact and common Tor rather
uncommon sense. The legislators have
enacted the best taxing law in the States
history, and the Tax Commission has
made all it's provisions plain. 1t only re-
mains now for the assessing officers to
do their sworn duty for property to be
properly assessed.
The Nashville Graphic says that Hon.
b. III. Bum, county attorney, spoke at
length to the list takers and assessors of
Nash county. We quote:
HE urged upon them a dilgent and
conscientious inquiry into the valuation OF
all real and personal property Valuations
to see that all solvent credits, and things
justly taxable and to see that every per-
son bore their part of the burdens in
maintaining the county and State.
"There is a tendency on the part of
many to dodge their duty in this mat
ter, thus robbing the county and State
OF what is due. Mr.. Bum cited the ac-
ton of the American Tobacco Company,
as well as other tobacco concerns, who for
the past several days have been shipping
hundreds and thousands of hogsheads of
tobacco from Rocky Mount and other
points to Durham, Danville and Lynch
burg; keeping it in transit in order 20
keep from listing it for taxation"
The Chatham Record, in a well consid-
cred article showing how some men evade
proper assessment of their property for
taxation, closes by saying:
why is this? Why do honest CD men
and members of churches resort to all sorts
of tricks and subterfuges in order to evade
taxation? All men ought to be willing to
pay their just taxes, for there is no
money better invested than taxes paid for
good government And all men who pay
their taxes are interested in making every
body else pay his share A certain amount
of taxes must be raised and it should be
paid by all in proportion to the true value
of their property. There is a wide diff
ference in a mans valuation of his prop
erty when he insures it and when he lists
it for taxation"
The assessors will do well to use every
avenue to inform themselves of the true
value of property they are to assess. The
Lenoir Topic makes this pertinent sugges-
tion to assessors in that town:
THE figures submitted by real estate
property owners in and around Lenoir
when propositions were desired for
graded school and court house sites are
respectfully referred to the boards of list
takers and assessors"
In some of the counties the assessors
have agreed upon certain property valua,
lions that must be followed in all sections
Iof the county. For example here are the
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

In some of the counties the assessors
have agreed upon certain property valua-
tions that must be followed in all sections
of the county. For example here are the
valuations decided unon in Nash county.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The Warren Record gives additional
particulars of the killing of a negro wo-
man at Wise. 1t says: "Litta Young, a
colored woman about 80 years old, was run
over and killed by a train Monday even
ing on the S. A. L. Railroad about a
mile and half from Wise. Coroner S.
P. Fleming was notified and went to the
scene and held an inquest The evidence
brought out at the trial showed that the
woman placed herself on the track in
front of the train with suicidal intent, and
the jury returned verdict generating
the railroad
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

The Common Carrier says it is thought
that the Southern Railway now controls
the Tennessee Central
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

Hon. Kope Elias, who. has been here for
several days past on a business trip, speaks
Interestingly of the new Franklin railway,
which is now being built between Frank
lin and Tallulah Falls. 1t is expected that
road work will be completed in a few
months time. franklin people are de-
lighted with the prospects Of getting a
railway through their section at so early
date, and say no wthat they will not
have to ask Asheyme any odds.-Asheville
Gazette.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

We hear there has been a meeting called
of the stockholders of the G. and n w.
Railroad to meet in Chester on the Both,
to consider the question of issuing $780,
600 in bonds to prosecute the work Of the
road on Wilson's Creek.-Lenoir News
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-07

ing corps of the Durham and Charlotte
Railroad is now rapidly approaching
Greensboro, and will reach here the first
of next week The chief engineer, who
is in Greensboro today, says that he has
just received orders from headquarters
in Philadelphia to hurry matters up, and
just as soon as the survey is completed
to locate the road at once, and begin
work.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-14
Fair Store, Conducted by s.
w. Cohen, Fails to Meet
Creditors Claims
IN THE HANDS OF THE SHERIFF
Local Creditors Notice the People
FIockina to Dry Goods and Notion
Store Monday, and Step in and Stop
the Sale Of Goods at Customers Own
Prices. ,asss.resssA44.aA. T ~

special to Times Republican.
Iowa Falls, Jan. 1.-THE Fair Store
conducted by S. w. Cohen. is In the
hands OF the sheriff and the balance OF
the stock on hand will be disposed OF to
satisfy portion of the claims OF credi-
tors. Cohen came here from Des
Moines a couple Of years ago ana
opened dry goods and notion estap-
He failed to prosper and mas
conducted several slaughter sales IN the
hopes of disposing of his stock. On
Monday 1t was noticed that people were
f,ocking to the store and investigation
revealed the fact that goods were being
sold at the customers own price ana
that the stock was being closed out very
RAPIDLY. Local creditors stepped In ana
the store was closed by the sheriff. IL
is estimated that $500 worth of goods
remain and this will he required to sat
isfy landlords lien and the balance
of the creditors. which are mostly
wholesale houses, will get practically
nothing. Cohen placed a chattel mort
gage on the balance OF the stock yester-
day In favor Of a relative.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-14
HOTEL CLOSED UP.
Grand Central at Webster City Tens
porariIy Out Of Business.

4
Special to Times Republican.
Webster City, Jan. 14.-Landlord
Louis Brockman, formerly Of the Grand
Central hotel of this city, Isl now no
longer host OF that hosiery. A writ
of attachment and three days notice
to yacate served yesterday in due and
legal form have severed the connec-
lions between the hotel and its former
landlord. After Thursday, when the
three days notice shall have expired,
George w. Smith will take temporary
possession of the house until a renter
can be secured.
It has been apparent for several days
that something was brewing at the
Grand Central. Creditors OF the land
lord have been pressing him hard OF
late. owing to the known disposition
OF Mr.. Brockman to put off or avoid
meeting his financial obligations. Mr..
Ed Smith and George w. Smith, own
ers of the hotel, claim a bill Of rent
and other items amounting to $462
against the landlord. Guy Woodland, a
cutter at the Dodge & Baker marble
works, has Sis against Brockman for
which he holds bill of sale OF the
dining room furniture. There are also
various other smaller creditors.