The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-04-06
OFFICIALS WOULD
not ALLOW SHOW
Claims Of Theatre Management
Against City Will Go
to Jury.
SUPREME COURT OPINIONS
Painting OF Sir Walter Raleigh
Presented to Chief Justice
Clark.
SUPREME COURT OPINIONS
Especial to The Times -Dispatch.l

Raleigh. n. c.. April SIN the noted
damage suits of j. Sherwood Upchurch
and others against Mayor j. stan
Wynne and Chief OF Police Smell for
selling the Academy of Music, eject
ing the manager and his assistants
and imprisoning them for refusing to
surrender the keys In order to prevent
the presentation OF "The Girl from
Rector's" in Raleigh, the Supreme
Court to-day affirmed the lower court
in dlsaliowlng demurrer to the bill
az indictment. This action has the
effect OF establishing q cause Of ac-
ton against the Mayor and chief OF
police, SO that the case must now go
10 a jury.
The Supreme Court. in Carson VS..
Bunting and Southern OIL Company.
from Pitt county, rules that the State
law gives penalty OF $40 for every
bag OF fertilizer not branded to show
the contents, the penalty to be recov-
cred by any citizen suing The case
was one in which there were 1876 bags,
and the aggregate Of penalties was
$3.50. Justice Brown dissented in
this case.
sixteen appeals were disposed OF this
afternoon, as follows:
Field VS.. Hill, Les county affirmed:
McCauley VS.. Land and Timber Com
pany, Durham, docketed and dismissed
under rule II; Campbell VS.. southern
Railway Company, Moore, docketed
and dismissed under rule II: State VS..
Van Yates Wake. affirmed Carson VS..
Bunting and Southern Oil Company.
Pitt, plaintiffs appeal reversed on sec
ond cause OF action affirmed on first
cause OF action; defendants appeal,
same case, no error: Jeitress vs. Town
of Greenville. Pitt. affirmed; Brown VS..
HOBBS Dupiin. affirmed. Riley W.
Sears, New Hanover, appeal, error.
plaintiffs appeal. Judgment modified.
costs against the plaintiff: Tart VS.
TART Sampson. Judgment modified IN
Doth appeals, each party paying own
costs; Bryan VS.. Hilton Lumber Com
pany New Hanover. new trial; Norris
vs.. Holt Morgan Mills. Harnett. no err
ror; Upchurch Us. Wynne and Stell.
Wake. affirmed; Andrews and Brewer
vs. Wynne and Stcll, Make affirmed
D,owdy vs.. Dowdy. Chatham. appeal
error.
. Chief Justice walter Clark. Of the
supreme Court. has received as a per-
sonal gift from Walter Francis Burnes
q superb oil painting OF Sir Walter
Raleigh admirably copied from the
famous painting OF Frodigo Zucharo,
IN the Royal Art Gallery. London, By
Rams knoechal. himself an artist or
great reputation. Furthermore, Judge
Clark has obtained from Mr. Burnes
permission TO present the painting to
tne city, to be placed In the new nlu
buInes. who gave the, painting to
Judge Clark. is grandson OF Captain
OtWay Burnes. and he has given TO
Burnesyillt this State, a bronze statue
O ~ M &c n
also n monument OF him to Beaufort
For the unveiling OF both these Judge
Clark delivered the addresses. and the
painting OF Raleigh comes as a token
Tor this service. II is now in the home
Of the Chief Justice. awaiting the COM
pletion OF the municipal building. and
formal presentation 10 the city.
Andrew Johnson's Cane.
There came to Governor Kitchin to-
DAY for the Hall OF History. from Mrs
BESSIE Rumbough Stafford. Hot Springs.
y. c.. whose frst husband was Andrew
Johnson. Jr, a gold headed cane that
was the property of Andrew Johnson
PRESIDENT Of the United States. It
bears this Inscription on the head.
Made of Wood from the Frgate Con-
stltution: On one or the panels is
the further inscription: Presented to
United States. Restorer Of the Consti-
tuition. by James Lyon. August. 1856"
The cane is longer than usual and
. heavier, The wood is we'll preserved.
Z.
The Newton Oil and Fertilizer Com
pany, OF Newton. was chartered to-
day, with $4,000 capital by j. B, and
r. L. Little. Catawba Cotton Mills and
others for general cotton seed pro
ducts. The paid in capital is $4,000.
There were also charters for the Cen
trai Realty Company. Charlotte, capitaI
$2bo,ooo by w S Lee. ~ v TAYLOR and
+. c. Abbott. and the Greensboro Couu.
try, Club. capital 100000 authorized
and $4,000 subscribed. for establishing
q country club for Gate City.
Governor kttchn SAYS he has invited
a number of representative men in the
Senate TO become members OF tile COM
mission for the erection OF the $3.50. 900
tiroproof State administration building
provided for by the recent LEGISLATURE,
days before any announcement viii he
Forthcoming. one of the invitations
was to Colonel A II. BoSdcn. who as
Senator from Rowan, introduced the
bill IN the senate. but-heSdeclincs, ac-
cording to newspaper announcements
on the ground that he does not think
any member Of the General Assembly
should serve 1t Is known. too. that
(, ElWood Cox, Of High Point has
partisan commission. Mr. COX was
Governor kitciin's Republican oppo.
nent for. the governorship.
~ Is learned that within the mex;
county Will be completed. making
twenty counties OF the state that have
valua bic exhibits, through the Joint
efforts OF the state Department OF
Agriculture and the United States de-
Dartmcnt under the direction OF state
Chemist 3. w. ILtlgore When Rich
niond il completed. Randolph and John
ston Will be taken up. Tho compile
ton or "a soil map for the entire state.
something long way or yet--is 30,
licNcd to DO most invaluable acuut-
sition. b