davidaulloa/AmericanStories huggingface dataset:
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

Richmond. Fredericksburg and Poto-
mas itailroad tax exemption, according
TO rough estimates made by Special
Accountant George S. Crcnshaw yes
tcrday. Hitherto the road has claimed
an entire exemption from all state and
city taxes. but the action OF tho court
In reserving Judge Scott. OF the city
Circuit Court and declaring that the
railroad surrendered It's tax exemption
III 1908, may make 1t liable for taxes
on all of it's real estate In the city.
and as the general Offices arc in Rich.
mond. taxes are also 10 DC paid here
on personal property. Including rolling
stock. engines, cars and equipment
The Chesapeake and Ohio Railway
Company. which also has it's general
offices here pays the city OF Richmond
approximately Sl20,o00 per year in
taxes Tie Richmond. fredericksburg
and Potomac has much less mileag..
but is "A double-tracked and busy road
II owns real estate in Richmond valued
by the state assessors in a recent re-
port al sl.025. 900
Owns other Property.
This includes property on both sides
of Broad street occupied by railroad
yards and freight depots. and other
valuable lots. The company also owns
property to the value of $4,000 on
which IT does not claim tax exemption.
Si1t'F ~ ~ IcIu as an investment anu
not used for railroad purposes. this
property including the II chmond base
bali park owned by the railroad and
purchased with the intention of con-
vertinG II into freight yards. The roll
ing stock OF the company and personal
property having always been claimed
as exempt have never been assessed
By the state Corporation Commission
and 1t Will be necessary for that body
10 determine and report on the amount
and value Of property which now be-
comes taxable. Inasnuch as the decision
affects ta&cS since 1903. financial
officers Of the city believe that the city
Will draw something like s25O,000 in
back taxes. and hereafter realize from
$4,000 TO $4,000 a year from a source
hitherto exempt The tax on real cs-
tate alone VIII amount to Sl4.35o per
year. and the company is believed to
own rolling stock TO the value of So
100000. which would Yield $4,000 per
annunl.
Much of the real estate of the com
pany has greatly Increased In valu.
under the new assessment, and back
taxes. IL collected. will be based on
lower valuations than will obtain here
after.
Besides the intcres. of the city of
Richmond, iIcnrico county is largely
Interested. as the company is the owner
of large acreage extending from the
city limits through its yards and shops
on TO Acca Station. and beyond. all of
which has hitherto been held to he
exempt from taxation
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
Rode In Negro cnnch.

Merely because woman had 10 ride
In Jim Crow coach by herself does
not constitute sufficient grounds Tor
damages. says the court in the case of
the Norfolk and Western halfway
Company against Stone, from the CIR
cult Court of Nansemond county. In
the opinion of Judge White reversing
me decision the court shows that Mrs.
Rosa stone was passenger from Myr-
lie TO suffolk. She was told, she said.
TO go into the negro coach. Upon her
arrival there she was informed by q
colored woman she knew that she was
IN the wrong place. The conductor
she was.
The conductor testified thar he did
not remember the occurrence. but that
ne would probably not have permitted
d woman TO have run the risk in mass.
ing from one car TO another while the
train was in motion. which the court
thinks reasonable IT is sometimes dir
hcult, 1t is contendcd, to tell the race
Oh person. The verdict of $500 grant
ed by the lower court is set aside and
a new trial granted.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
STATE Wins BIG
SUIT FOR TAXES
United states Constitution heretofore
referred to
Built New Lines.
Continued From First PIGGY


Major William A. Anderson. then
Attorney General. determined to test
the matter thoroughly. lie found thai
this railroad had. after the new Con.
stitution went Into effect accepted the
provisions of an act OF the Legislature.
which permitted IL to straightcn its
track. and In doing so, TO abandon
part OF It's old line and occupy new
ground. This was taken as an eXtcn-
sion OF It's charter rights. and such
as surrender Of It's exemptions.
This view Is now taken by the Su-
preme Court The opinion was written
By Judge George NJ. Harrison.
After holding that the Commonwealth
had the right to show in the way
II did that the road was no longer
exempt the cour, holds that the act
OF the Legislature permitting the re-
building materially enlarged the rights
OF eminent domain possessed by the
company. II seems to have built
twenty-siH miles of line in all on new
ground. The contention of the road
was that tho stockholders had decided
10 straightcn the tracks In November
1901 before the rev Constitution went
into effect. and in January, 1902. the
directors decided upon a second
track" which the court presumcs to
have been double track. There was
nothing to show that this was to he on
different location Tho company.
comments the court. was in possession
OF the facts and could have exhibited
them had IL wished 10 do SO
Directors PowcrIcss.
AS 10 further actions by the direc-
tors alleged 10 mean acceptance OF
enlarged powers under the old Con.
stitution instead OF under the new The
court holds that the directors had no
power to accept such amendments this
right resting with the stockhoidcrs.
Therefore. the meetings OF May and
June. 1902. were void
The opinion further calls attention
to the fact that In the report Of the
directors TO the stockholders In No
Nember 1902, no reference was mad
to resolutions accepting amendments
The money for the work was appropri-
atcd in January. 1903.
The court therefore holds that the
amendments rendered by the Legisla-
ture were not accepted untn after
July 10. 1902, the date tho new Con-
stitution became effective, and that
there was Implied acceptance after
that date, carrying with it surrender of
privileges.
RcNcrscs DerI.ion.
Therefore the Supreme Court Of Ap-
reals ordered the entry Of Judgment
such as should have been entered by
tho Circuit Court of the ct;y oi Rich
mond, whose decision is reversed
There was general rejoicing about
tho CAPITOL yesterday over the decision
Attorney General williams ana former
ATTORNEY General Anderson were es-
peciaiiy pleased al tho outcome of the
labor which they have put into this
litigation.
1t is recalled that tho actions Of the
company which the supreme Conrt
says constitute an Implied acceptance
OF an amendment TO its charter, took
place during the administration OF
Major =. y, r Myers, the former
President. prior to the ~ sidency OF
william II. White.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
How to Make
Better Cough Syrup than
You Can Buy
a Family supply, Saving 90 md
Fully Guaranteed.

a fun pint of cough syrup-as much
us you could buy for S2.5o-can easily
be made at home. You will find nothing,
that takes hold of an obstinate cough
more quickly. usually ending IT inside
of "a hours. Excellent, too for whoop-
ing cough, sore lungs, asthma hoarse-
ness and other throat troubles.
Mix / pint of graduated sugar with
u pint of warm water and stir for 2
minutes. Put 21s ounces of Pinex $50
cents' WORTH In pint bottle; then add
the Sugar Syrup. 1t keeps perfectly.
Take teaspoonfui every one. two or
three hours.
This is just laxative enough TO hep
cure cough. Also stimulates tho appe-
lite lite, which is usually upset BY cough.
The taste Is pleasant.
The effect of pine and sugar syrup on
the inflnmed membranes is we'll known
1'incX Is the most valuable concentrated
compound Of Norway white pine ex-
tract. rich in Euiaicol and all the nat
ural healing pine elements. Other prep
trations Will not work in this formula
The Pinex and Sugar Syrup recipe Is
now used by thousands of housewives
throughout the United States and Cam
ada. The plan has been initiated, but
the old successful formula has never
been equaied.
guarantee Of absolute satisfaction,
or money promptly refunded goes with
this recipe. Your druggist has Pinex.
The Pinex Co.. TT. Wayne. Ind
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
Contract Must Rule.

"Contracts which men make consti-
tutc the law which govern them unless
the contract he one which the law pro-
hibits. or which is held TO be violative
of some public policy" says Judge
* eth in affirming tho decision of the
Law and Equity Court Of Richmond In
the case OF Eta Mercer against the
South Atlantic Life Insurance Company
The plaintiffs husband had taken
policy OF Insurance. making application
one day before the medium between his
birthdays, saving money on his annual
premium and Fastening the time OF
maturity. He did not meet his pay
mcnts and gave a note. which was
overdue when he was seized with his
fatal Illness.
Then his father law offered to
pay the note, but payment vas refused
unless accompanied by certificate OF
good health. which, OF course. could
not be given. The man died, and 1t
was cortended that the date OF the
policy should he the time when II was
delivered. instead of when application
was made. This the cour; says would
violate the contract. and consequently
IT upholds the action of the Law and
Equity Court III giving Judgment for
the company on demurrer.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
CAPE Lookour ADVOCATED.
Objection to Engincers' Selection of
Site for IIarbor Of Hefugc.

Beaufort y. c.. January la.-Opposi-
ton to the building of the harbor OF
refuge at Cape Hatteras, which has
been decided upon by government en-
gineers having charge of the project
has developed here. and the Chamber
of Commerce Will meet Tomorrow night
to advocate Cape Lookout for the sail
ors' haven.
The chamber will lay particular
stress on the shifting sands of Cape
Hatteras. and the shoals which move
up and down the coast for half mile.
They say that to build the harbor
where the engineers have selected
IL would mean the expenditure OF three
times tn sum IL 1t was quilt at Cape
Lookout FH
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
I.nnn NIndc 10 unieI

a large amount of money is involv-
ed in the case OF the Atlantic Trust
and Deposit Company against the Union
Title and Trust Corporation. from the
Law and Chancery Court OF The city
Of Norfolk This was an action for
debt on penal bond. in which iudg-
ment was given for s2s.iS795 The
Union Title and Trust Corporation
loaned the Victoria Hotel Corporation
the sum OF $4,000 10 buiid 1000
hotel.
The question involved was as 20 whe-
Their or not It was permissible to show
that loans We're made on different terms.
If it appeared that rho difference was
known TO the Atlantic Company when
the loans We're made.
Affirming the lower court Judge
White says that the officers and
agents of a concern are supposed to
know the details of the company's
business
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
RIchmond's nnnk Practice.

Judge Whittlc also wrote the de-
cision in tho case of Aspcgren e Com
pany against the Wallcrstein Produce
Company, from the Law and Equity
Court of the city of Richmond, which
Is also affirmed. Aspegrcn e Com
pany contracted 10 sell to Wallerstein,
n Richmond concern. 1--WE cars of evap-
GRATED apples of 5000 hounds each dur
Ing the month of December 1907. Wal
lerstein sold one car in st. Louis and
ordered its shipment.
Thcreupon the New York house sent
a sight draft for S2.5S3.06 for 400 bags
of apDcs The draft arrived In Rich
mond OF, saturday, and. according to
banking custom here. would ordinarily
have been held until Monday. But this
time, under instructions from AS
pegreh IT was rNturned, Then the lat
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

Inc State Corporation Commission is
reversed In the case OF the Danviile
ana Western Railway against Lybrook
ana others 5. VI. Lybrook and seven
ot.er citizens OF stuart, Patrick county.
petitioned the commission IN rnoutro
tite removal of buildings used to.
commercial purposes. which the rail-
road branch of the Southern, had
erected on its station grounds
Judge r. II. cardwen, voieins the
opinion of the court, says thai rival
shipoers We're the compartments ana
tnat me matters We're Individual com.
plants. instead of in the public inter.
scales complained of were shown
TO be Il convenience. and il wac -
shown that the public was hurt ,rba
rahroad Is to pay the costs. though
winning the case
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
DIvideL Co,nn,is.fon

once again is a decision had ;r ,bo
cases of Heckscher and others arainst
stanton and others, and Heckscher
against j. Thompson Brown & Co. from
me Law and Equity Court of the CITY
OF Richmond These were decided n
year ago, and supplemental opinion
is hied, together with a refusal for
rehearins. The case is reversed in
part.
rms opinion is given by the court
ana not by any judge. 1t seems that
Joseph W. Blanton held title, for him
sell and other parties. TO tract of
mineral land in Louisa county H.
thompson Brown & Co sold the prom
erty for 100000. and in n letter tho
hrm agreed to divide its commission
OF ~ per cent. with Blanton II was
claimed taxi this was a secret agree
ment, and II was sought to make Blan-
ton refund the money. In the Law and
Equity Court Judgment was given
against Blanton. which was reversed
In 1902
The court says 1t can find nothing
TO show improper conduct on the part
or either Blanton or Brown. On the
contrary. no ono was hnrt by the deal,
those complaining being rather BEN
Gifted by II.
On the petition for rehearing. Judge
Buchanan overrules the contention
that Blanton had no right to be heard
In his own person, because he was n
bankrupt.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

other cases decided yesterday were
as follows:
Adams against Cumby, from the Cor
poration Court OF the city of Lynch
burg; reversed. Opinion by Judge
Keith.
Dale Carter's heirs against Herman
Cooper. and Dale Carriers heirs against
Nathaniel Sheen: reversed Opinion by
Judge Harrison.
Adamson's administrators against tho
Norfolk and Portsmouth Traction Com
pany and others, from the Circuit
Court of the city Of Norfolk; affirmed.
Opinion by Judge Cnrdwell
Portsmouth Cotton Oil Refining Cor
poratlon against Oliver Refining Com
pany, from the Circuit Court of Nor
folk county; affirmed Opinion by
Judge Buchanan
Bonsal against Camp. from the Cir
cult Court OF Norfolk; reversed. Opin-
Ion by Judge Keith
Southern Railway Company against
Sntterfclds administrators, from the
Circuit Court of Pittsylvania county;
reversed. Opinion by Judge Keith.
Lane Brothers Company against Bar
nard's administrator, from the Corpo-
ration Court OF Lynchburg; reversed
Opinion by Judge Cardwell
Wright against Collins's administers
tor. from the Circuit Court OF Han
over county; reversed Opinion nv
Judge Whittlc.
DarlinG's executor against Cumming
from the Circuit Court OF Elizabeth
City county; reversed. Opinion by
Judge Harrison
Voolfolk and others against Graves
and others. from the Circuit Court Of
Spotsylvania county affirmed. Opinion
by Judge Cardwcn
Harris against Shields executor and
others. from the Circuit Court or York
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

Appeals yesterday refused 10 grant a
writ of error. is now confined in tho
Henrico county jail He. with Ed
Jones and Richard Perkins. negroes.
were brought here by the sheriff Of
Buckingham several weeks ago fos
safslSeeping. All three were convicted
of numbering the Stuart brothers and
afterwards burning their home In
the case of the negroes tho higher tr'-
hunal yesterday allowed writ OF err
ror.
1t Is not likely that Wright will be
sent back to Buckingham, but will re-
main in the Henrico Jail until he ia
sent to the penitentiary for execution.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
Did Not Give An.,,er..

Another life insurance case comes up
from the Circuit Court OF Richmond,
and is affirmed in an opinion by Judge
Harrison. DR. W. w. j. Talley held a
policy in the metropolitan Life Insur-
ance Company, payable to his mother.
Lemuella Talley.
It appeared from the record that DR..
rallcy did not give the fullest answers
TO the questions in his application thus
violating section of the policy. the
application being part of the CON
tract The company therefore wins this
suit.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

was alleged had been improperly In
spectcd ana condemned BY Holdsworth
Judgment was given for $3.50. which
was sustained by the Law and Equity
Court on an appeal.
The Supreme Court. through Judgs
Harrison. says that the constitutional
point as to city ordinance. which
Iioldsworth says is feature OF the
suit, Is not at issue, and that only the
money IS at stake. This being less
than the amount appealable to the
highest court. the latter has no juris-
diction.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

John I. Williams loses in his appeal
against the Commonwealth, from the
Circuit Court of Gloucester county.
Williams was fined $40 and costs on n
charge of Ceiling liquor with out State
license. ii being shown in the evidence
that a United States license had been
issued to John T, Williams & Son The
possession of such license Is evidence
in Virginia
The point made was that the licensc
was in the name OF she firm, while the
indictment was against an individual
Judge Whittic. in an opinion affirming
the case, says that 1t is settled thai
joint offenders can be prosecuted sever
ally,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
FAIR STABLES BURNED.
All Animals III BUILDINGS, Except Ono
Mule, Rescued

Especial to The Times Dispatch.l
Fayetteville. y. G.. January 12.--
Stables on the fair grounds OF tho
Cumberland County Agricultural So
cicty, on the outskirts Of this city
containing about twenty-five horses
and mules, were burned this afternoon
With the exception of a sick mule
belonging 10 the county all the AMI
mails were rescued from the flames
Fifteen Of the horses were the prop
erty OF the c. l. Beville stables, while
four We're race colts being trained by
Trainer John Schroeder. One of tho
thoroughbreds was burned. though not
seriously. There was no insurance on
the buildings
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
Holds life E,stnfc.

In the case Of w S. Conrad. trustee
against Sally NJ. Quinn and others
from the Chancery Court OF the city
OF Richmond. the decree of the lower
court is affirmed. The question is The
construction of the Will OF j. NJ. Con-
rad, deceased He divided his estate
between his three daughters and their
issue after them. making his SON.
Charles II. Conrad. the trustee
The court holds that Mrs. Quinn has
life estate only In her share OF her
fathers estate. as she has since mar
ried, and her children become the
beneficiaries after her death.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
THE WEATHER

Forecast; VirEinfn-LocnI rains Fri
da!; Saturday clearing aud colder:
nodernfc, variable winds.
North Carolina; Fair In east; rain
rrihh! or Friday night In west; Sntur-
a"E iatr, colder Ina interior; moderate
southwest 10 west winds,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

ter sold the apples, which had been
held BY the railroad company on or
ders. and charged wailerstein with
the difference between the selling and
contract prices later suing for the
sum.
y verdict was given for defendant,
which the Supreme Court says was
Just. 1t calls attention to the fact
That large dealings had been going on
between the firms, and reasonable de-
lay in payment might have been al
lowed
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
Condemned ChIci,nn.

a writ of error was dismissed in n
very small suit from the Law :nd
Equity Court OF the city of Richmond.
This was an appeal by W. r. Holds
worth. food inspector for the City
Health Department. against c. w.
Crowder & Brother. The latter sued
in the Civil Justices Court to recover
the value OF three barrels OF chickens
and one barrel of turkeys, which 1t
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
Birmingham Citizen Swears
to Remarkable Statement

want 10 tell you what Or. kiimer's
Swamp-R Root did for my wife She was
roupted with terrible pains In her back
ana they were such that they deprived
hcr OF many nights sleep. There was
thlck. red sediment In her urine. like
prick dust The passage of the urine
was very annoying. being OF "A burning
sensation. and the complication was
making her very thin and weak. The
medicine which the doctor gave her
ala not seem to help her. and she was
ilnaliy persuaded to try DR.. kilmers
swamp Root. purchased one bottle
OF the large size for her. and ii helped
her greatly After she had taken three
bottles she did not have any more
trouble with her kidneys. 1t has been
seven years since she took swamp
Root. and she is now well and healthy.
~ the time OF her kidney trouble she
weighed 1870 pounds and she now
weighs 1856. My wife Is thirty two
years OF age, and chcerfully recon-
men,s DR.. Kilmer's Swamp Root TO her
friends. and feels very thankful that
she found remedy with such wonder
ful merit
We give you absolute permission to
publish this in any way you wish.
Yours very truly.
-. X. RlDENHOuR.
Cor. ith Ave. and goth St.
Birmingham, Ala.
state OF Alabama.
Jefferson County
L. T.. g. stevens, a Notary Public in
and for said State and County, certify
that -. r. lsidenhour. known TO ne as
such personally. appeared before me
this. The 3is.. day OF jay, 1909 and
made oath that the above statement
was true in substance and fact,
L. 6. STEVENS.
Notary Public.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

mas been no lighting OF consequence.
Tho whereabouts of the gunboat Hor-
net is unknown. but the Honduran gun
boat Tatumbla Is in the harbor at
Puerto Cortez. The United States
cruiser Tacoma. is keeping sharp
lookout for hlibusters. The rcvolu-
tionists have made headquarters on
Rurtan Island. where they are in com
plete control.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

Mobile, Ala. January i2.--omcers of
the Norwegian steamer Fjell, arrived
to-day, report conditions practically
unchanged in Honduras. The capture
of Truxilio by Bonillas forces. the Of
hcers say. has not affected business
conditions to any extend an although
Bonilla and General Lee Christmas arc
bcsieging several coast towns, there
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
DALLAS RIGHT
TO S 7 AY HER {

W. Dallas Wright, convicted muir
derer of I. c. and W. j. Stuart. Aprp
u. 1909. in Buckingham county, and
In whose case the Supreme Court OF
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
R ALL ROAD HAD
LARGE EXEMPT TON
Owns Valuable Real Estate in
Richmond, on Which It Pays
Nothing.

Unless The Federal courts rule other
wise. the city OF Richmond may be
tho gamer by from $4,000 to $50 900
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13

change OF venue. Therefore the judg-
mcnt is reversed
II is worthy of notice that seventeen
of the eases decided yesterday by the
court were reversed, two OF these being
in part. while only twelve wer. affirm
cd and one dismissed. Richmond Judges
Jared much better than the average
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-13
CONDITIONS YESTERDAY.
iursday midnight temperature. !.

Humidity ''' %
Wind, direction "
\rnntba,. ''-'''.'..
JP.infnii '''-''''.'.'.... Lit. rain
10 nnn,, ,,,,., .......... 10
!, = AZ ,.i ena.urc .''......... 81
Maxin,,, '. , .'.......... az
MANI =, m temperature up to
vi 7, nimum temperature up to 5
Mean temperature '' 20
Normal temperature 30
Excess in temperature "a
tNcGum excess in temperature
since January 1 %
Accum excess in rainfall since
January so