davidaulloa/AmericanStories huggingface dataset:
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16
PIONEER CITIZEN
OF GULFP0R1 DEAD
F. S. HEWES, SR., CHANCERY
CLERK SO YEARS, AFTER
LINGERING ILLNESS.

Gulfport Miss, Dec. 16.-Frederick
S. Hewes, ST., for thirtyeight years
chancery clerk of Harrison county,
and one of Gulfport's most prominent
and beloved men, died Monday after
noon at 1890 o'clock. His last ill
ness extended over a period of several
months, and his death had not been
unexpected.
Judge Barrett at once adjourned
court until 2 o'clock this afternoon
and it is probable that many Gulfport
business houses will close during the
time of the funeral in respect to the
memory of Mr.. Hewes. M
F. S. Hewes was born in New Or
leans, May %, 1880. He was the son
of William G. Hewes, who came to
Louisiana from his native state of
Massachusetts in 1918 and settled in
New Orleans, where he became sue
cessful merchant and the president Of
IWO DduhS, Lu6 SOhLuOiCioi DAM ohu
the Bank Of North America.
Mr.. Hewes spent the early days Of
his life in New Orleans, attending
school in that city and later in Missis-
sippi. In 1S49 he went to California,
making the trip overland after the
custom Of the western pioneers, and
spent five years in that state.
On his return to New Orleans he
was associated with his father in bus
mess, and in 1861 enlisted in Company
H, Third Mississippi volunteer lnfan-
try. serving with distinction until the
surrender Of General Lee. After the
war he embarked in the lumber bust
ness at Pass Christian. operating a
saw-mill on a large scale.
In 1875 Mr.. Hewes was elected to
the office of chancery. clerk of Har-
rison county, and served the county
faithfully and efficiently in that office
until the time of his death, being
elected without opposition with the
exception Of thu frst and last times.
In 1856 he Married Miss Cora 8.
Newton. ri ne union were born
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

eleven children, all of whom are liv-
ing. The wife of his second marriage
was Mrs. Fannie Laun, the daughter
of General Writ Adams, who bore him
seven children, six of whom survive
him. Among the prominent sons are:
F. S. Hewes, Jr., secretary of the Mis-.
sissippi Oyster Commission; George
p. Hewes, cashier of the State Bank;
N. Hewes and F. Hewes, ship chand-
lers and hardware merchants.
The funeral services we're held from
the residence at 1890 o'clock this
morning. Interment was made in
Evergreen cemetery. .r..
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

Judging by the number OF encores
received by The Big Man with the
Big Voice. Mr.. Peter ]. Smith, on
his opening performance yesterday
proves him as being the best baritone
singer ever at the Lomo. Besides a
solo today Mr.. Smith will have a re-
view Of the popular songs. The Lomo
picture program today has been care
fully selected. Tomorrow the cele-
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16
HOTEL MANAGERS
ELEC! OFFICERS
W. M. DRIVER AND A. M. WILLS
AMONG vIcE-PREsIDENTs-
MEET AT NATCHEZ NEXT.

jackson, Miss, Dec. 16.-One hun
bred of the foremost hotel proprietors
in Mississippi and adjoining states
we're in Jackson Monday, and held an
enthusiastic meeting at the Board of
Trade rooms during the morning
hours.
The principal address Of the day
was delivered by A. ]. Dorman, Of
Houston, president of the association.
during which he reviewed the work
of the organization and predicted
what may be expected hereafter in
the way of legislative and other i'm
provements. He told of the great
improvement that has been made in
hotels everywhere during the past if
ty years, when the old Washington
Hotel at Vicksburg, managed by that
prince of hosts, McMackin, was one of
the most famous in the United States.
He also urged that the hotel men
men take more interest in their bust.
ness and in their organization; they
urge all other hotel men to join the
association and assist in the good
work that has been going on for the
past five or six years, since the asso-
citation was organized.
The following officers were elected
for the coming year, viz: A. ]. Dor.
man, Houston, president, reelected ;
r. H. Chiles, of Starkville, reelected
secretary-treasurer; w. N. Driver
Gulfport, lrst vice-president; B. j.
Smith, Jackson, second vice-president;
j. b. Waddell, Browns Wells, third
yice-president; A. NJ. Wills, Hatties
burg, fourth vice-president; E. B. No
lie, New Albany and Jackson, fifth
vice-president.
The next meeting of the association
will be held at Natchez, next June.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

Four reels of great plays at five
cents admission will be shown at the
Greater Gem theatre tonight. The
program will be as follows: THE
Law and His Son." Biograph; "Bron-
cho Bills Oath" Essanay; 1.-THE
Trail of the Cards." Selig; "The Con-
tents Of the Suit Case" Edison drama,
from Longfellow's writings. Tomor-
row Janet Of the Dunes in two
acts, and new comedies will be shown
at the Gem. On next Tuesday Santa
Claus will pay his annual visit to the
Gem, with hundreds of toys to be
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16
OF
FAMOUS "TEA PARTY"

Boston. Mass, Dec. 16.-The one
hundred and fortieth anniversary Of
the Boston Tea Party" one of the
stirring incidents that preceded the
outbreak Of the American Revolution,
was observed in Boston today with ex-
ercises under the auspices of various
patriotic and historical societies.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16
My Cleansing, Healing Balm Instantly
Clears Nose, Head and Throat
stops Nasty Catarrhal Discharges.
Dull headache Goes.
Try "Ely's Cream Balm"

Try "Elys Cream Balm.
Get a small bottle anyway. just to
try it-Apply a little in the nostrils
and instantly your clogged nose and
stspped-up air passages of the bead
vii open; you will breathe freely;
dizziness and headache disappear. By
morning. the catarrh, cold-in-head or
catarrhal sore throat will be gone.
End such misery row! Get the
small bottle Of "Ely's Cream Balm" at
any drug store. This sweet, fragrant
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

$500 diamond set pendant and
chain sold lsst night at LILius' AUG
ton for $3.50. Holmes q Edwards
chest Of silver, valued at $1,000, sold
for $3.50. 16-1t
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

A man attending ILLUS auction
last night had a face on him long
enough to eat out Of churn. after
seeing a fine umbrella sell for $e.25
which was just like one he had paid
$500 for at some other place few
hours before. 16-1t
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16
FACE COURT CHARGES

Providence. r. l., Dec. 16.-As re-
suit of crusade begun by the city
authorities for pure milk, seven Provi-
dence milkmen were arraigned In
court today to stand trial on charges
of having adulterated milk in their
possession.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

Upon an affidavit by j. S. Riser,
charging Moseley Beard with leaving
his wife, hearing was had by Justice
of the Peace H. c. Greer this morning
with the result that after the examina-
ton of six witnesses the accused was
discharged
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

brated famorite Lille Langtry" in a
tense dramatice play, His Neighbours
Wife," in 4 reels, produced by the
Famous Players Film Co.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

The Christmas decorations at OFFER
rails have attracted much attention,
the entire front of the building being
festooned in holly and all the windows
arranged according to the best taste
of Mr.. Ratliff, the decorator
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16
CITY BREVIT1ES.

The only fine imposed in the City
Court this morning was one for IS
against Gus Locker, on a charge of
drunk.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

given away to all good children who
attend the special shows to be given
at the Gem next Tuesday, Wednesday
and Thursday.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16
CATS AND GOLD POUR FROM 4
OLD BUILDING AT WESSON

probably be sent to the New Orleans
exhibition in 1915. In the meantime
Mr.. Bailey will take life easy and
enjoy the fruits of his labor.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

Special Holiday prices on Ladies'
Suits at RUBENSTElN'S. 16-4t
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

Special Holiday prices all over the
store at RUBENsTEIN's. 16-4t
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-12-16

Special Holiday prices on Ladies'
Skirts at RUBENsTEIN'S. 16-4t
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
LEGAl.

their action was oppressive.
2 The making of promise without an
intention to perform 1t may amount to q
false statement as to an existing condf-
ton within the meaning of a statute au-
thorfzing a dentists license to be re-
voked where he has obtained money by
false representations.
8. In statute authorizing the revoca-
ton of dentists license for specific Of
lenses, the additional phrase "or for any
other dishonorable conduct" is not VOID
for indefiniteness.
4. Ihe enforcement of the order of the
board of dental examiners revoking the
license of a dentist win not be enjoined
for any informalities in the complaint
mtde, or in the manner of conducting the
investigation based thereon, where he Is
advised of the nature of the accusati On
against him, and given a fair opportunity
TO prepare and present his defense.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
LSeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
LEGAL.

stantial connection with the interstate
commerce in which such carrier was teen
engaged.
S. An Interstate railroad when engage
IN moving cars of water or coal over Is
line from one state into another for use
in its own engines is engaged in inter
state commerce.
g. Assumption of risk is good defense
to an action under this act except whsn
the violation by the carrier of some stat
ute enacted for the safety of employees
has contributed to the injury or death Of
the employee. And when such defense is
pleaded and supported by the evidence it
is the duty of the court to instruct
thereon.
T. An item of damage allowed for an
injury neither proved nor found should
be deducted from the amount of the YER
dict.
8. When the court charges that the
plaintiff was guilty OF contributory negn-
gence. no error prejudicial to the defend
ant is committed by another instruct n
that the burden IS upon the defendant to
show such negligence.
9. The purpose of the statute (Civit
Code, sec. 29D providing for the subnlis-
sion of special questions Is to
direct the jury to find upon particular
questions of fact to invade the do
main of medical or metaphysical science
in an attempt to separate and distinguish
between constituent elements of physic Al
injuries. $500.
All the justices concurring.
A true copy. -s
Attest: D. 4. VALENTINE,
ISeal.1 Clerk Of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
Published In The Topeka State Journal
Journal Feb. II, 1871
OFFICIAL CITY COMMISSION PRO
CEEDTNGQ


CEEDINGS.
Commission Chamber, Topeka, Kansas,
Saturday, February S, 1913. The city COM
mission met in regular adjourned session
at 90 O'Clock p. m, with the following
commissioners present: Commissioners
Bone, Stotts and Tandy-3; absent. Conf
missioner MiIler-1. Mayor Billiard in the
chair.
Claims against the City Of Topeka to
pay payrolls on account OF excavating
under the Meian Arch Bridge, were pre-
scented, read and. on motion of Commits
sioner Tandy, recommended to be al
lowed and paid as follows:
General Improvement Fund:
Week ending February 1, 1913. ..... 81 $50. s.
Week ending February 8, 1sl3....... 1,452Ss
Total ......................sso iS 70
An Ordinance approp-iating money out
of TIE General Improvement Fund was
presented for first reading. An emer-
gency being declared in writing by the
mayor, the ordinance was taken UP f.tr
final passage Each section was read
and, on separate motion, adopted. On
roll call. the ordinance was passed by tie
following vote: Ayes, Commissioners
Bone, Stotts and Tandy and Mayor b.
lard: absent, Commissioner Miller-1
The title was read and approved.
Communication from a. =. Winan ask
ing permission to connect lots 337 and 800
FTarTisworth Addition to ParkdaIe to the
Eighth street sewer, was presented, read
and. on motion of Commissioner Tandy.
the request granted under the usual re-
strictions.
Reports for the Electrical inspector tor
the month or January, 1915, Board or EleC-
trical Examiners for the Month of Jan
uary, 1913, Plumbing Inspector for the
month of January. 1913, and police Judge
for the month of January, 1913 were pre-.
scented. read and filed.
Petition to construct a sewer in the dis
trict including all that portion of the City
of .peka lying north Of Sixth avenue
and west of Underwood avenue ann
Underwood avenue, extended, to Laurel.
thence west to unsewered district. pre-
scented TO commission on December Il,
1872, and referred to the commissioner OF
streets and public improvements, was re-
ported back with the following recon-
nendation: Your commissioner of streets
and public improvements. TO whom wa
referred the within petition, recommends
that it be granted and that the city at
draw up the resolution" On motion OF
Commissioner Tandy, the report wa
adopted.
Protest against the paving Of BOSWELL
street from Tenth avenue to Sfxteenth
street, presented to commission on Feb
ruaxy 5, 1913, and referred to the commiS-
sioDer of streets and public improvements.
was reported back with the following
recommendation: Your commissioner or
streets and public improvements, to whom
was referred the within protests. finds
that they are not signed by majority OF
the resident DIVERS representing more
than one-half of the square feet In said
district and that said protests are not ei-
fective.v
on motion OF Commissioner Tandy the
report was adopted.
No further business appearing, on mo
ton OF Commissioner Stotts, commission
Sea iseai u c. e. BURGE,
City Clerk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
EGal

lap goes riding about nine O'Clock st
night in single seated buggy drawn By
gentle horse driven by her husband, and
who does not exercise or attempt to ex-
ercise any control over the vehicle or the
driver, is not ctargeaDle with the negIi-
gence of the husband in failing to see and
avoid automobile approaching from
the side which, the husband is sitting.
, Special questions are not for the pur-
pose of subjecting the jury to process
of technical and microscopic cross exami-
nation, or of requiring them to distinguish
between elements Of injury beyond ths
ken of the anatomist and the metaphya:-
clan but to show the chief ultimate facts.
All the justices concurring
A true copy.
Attest d A VAJ FNyrTNEr
tSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
EGsE,

between the parties.
.. The assignee of a non negotiable in
strument stands in the shoes of the payee.
A defense available against the payee
is also available against the assignee.
8. The new note taken in exchange for
the old one is a renewal Of the former
obligation
4. The payee of the new note is charge
able with notice of the infirmity in the
original instrument because of his
knowledge of the consideration, as well as
from its non-negotiable form.
s. The consideration of the new note
is the obligation of the old one. This
consideration being Illegal recovery can
not be allowed.
Johnston, c. J., Burch, J., Smith, j..
Porter, ]. and West, J., concurring.
Mason, j., concurring specially
\ true copy.
Attest: d. A VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
No. 1855.
u. ". Barker, Appellee,


The Kansas City, Mexico & Orient Rail
way Co., Appellant.
Appeal from Sedgwick County.
Second Division.
REVERSED.
SvIfsbt1 BY the Court. West, j
l. The defendant, having shown the
loss of certain way-bflls indicating tire
destination of two of the cars in ques-
ton offered in evidence letter press
copies, which were refused Held, error
2 Evidence that upon one freight car
of the train in question, at sometime 10y
someone unknown, there had been writ
ten with chalk the name of a certain sta
ton and that destinations were some
times thus indicated is not sufficiently
probative to warrant e finding that SUCH
car was then being moved to such station.
g. Instructions should not by their
language appear to assume as proven n
matter sharply disputed by the parties.
T. Before employee can recover fer
an injury under the federal Employer
Liability Act f35 Stat 60 it must appear
that at the time OF the injury the de-
fsndant railroad was engaged in the WORK
of iiaterstate commerce and that such en-
ploye was by the carrier employed in
such commerce. To constitute him a per-
son SO employed his work at the time OF
the injury must have had - real and sub
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
No. 1885.
W. j. Tramel, Appellee,


Armour Packing Company, Appellant,
Appeal from Wyandotte County.
2nd Division.
REVERSED.
Syllabus B. the Court. Mason. J.
1. Where the floor of a department of
a packing house is made of asphalt in
order that it may be smooth and water
proof, SO that it can be kept in clean
and sanitary condition, and this purpose
would be defeated by the presence of
spikes in ladders used therein, the fur
nishing for use in such department of
ladders not so equipped can not be re-
garded as negligence.
2. The fact that spikes are attached to
ladders furnished for use in other de-
partments, having soft floors, does not
warrant an employee in assuming, with
out examination. that a ladder found in
n department where the floor is of
asphalt is similarly equipped.
5. A skilled mechanic who uses a lad
der in a way which he knows to be
dangerous unless it is equipped with
spikes, without making any effort to as
certain whether the spikes are there, can
not recover from his employer on ac-
count of injuries oceasioned by their
absence.
All the Justices concurring.
A true copy.
Attest: D a. VALENTINE,
ESeal Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11

No. L. sz7.
D. A. Whittie, Appellee,
S. H. Hughes, and r. 4. Mcfarland, APP
pellants.
Appeal from Clark County.
AFFIRMED.
Syllabus BY the Court. West, r.
The patentee of certain land about to
leave for another state put creditor in
possession to hold until the owners re-
turn, in payment of the debt. Subs.s-
quently the land went to tax sale and the
grantee in the tax deed stated to the one
IN possession that he had the owners
title, and entered into a lease for one
year which at the end of the term was re-
newed in writing for another year. The
lessee having afterwards procured con-
veyance from the patentee. sought to
deny title in his own lessor, the tax deed
being good on its face and on record
when the leases were executed. Held.
that he is estopped by such leases
All the Justices concurrtng.
A true CODY
Attest: y. a. VALENTINE.
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
No. Is, $50.

No. Is, $50.
Board OF County Commissioners of Kear-
ney County, Plaintiff,
VS.
William E. Davis, Auditor. and Mark
Tulley, Treasurer Defendants
Original Proceeding in Manda1nus.
WRIT DENIED.
syllabus. By the Court Rurch j.
L. Under chapter 1c2 of the laws of i9tl
and chapter a2S of the laws of 1911, ooun-
ties are not relieved, upon making the
certificate provided for. from liability to
the state for the unreaHzed portions of
taxes due upon compromised tax sales
ana are not entitled to be given such a
credit by the auditor of state as will re-
iieve them from such liability.
The decision in the case of Harper
county ". Cole. 81 Kan. 121, 81 Pac. 4o5.
approved and followed.
All the Justices concurring.
a true copy.
Attest: DA. VAIENTTNE
L1eaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
Legal.

.. The evidence is examined and held
sufficient to support the findings of facI.
1t IS also held that the findings Support
the Judgment
Johnston, c. J., Burch. J., Mason. J
Smith, J., Porter, j., concurring
West, J., dissenting.
true copy.
Attest: D. A. VALENTINE
lSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
No. 1850.
William Jolliff, Appellee.

No. Il $50.
William Jolliff, Appellee
The Kansas City Western Railway COM
pany, corporation, Appellant
Appeal from Wyandotte County
Court of Common Pleas.
REVERSED.
syllabus. Sy the Court Mason 4
1. An employee can not recover for in
Jur1eS received in consequences of the
place where he was at work being too
dark, where sufficient electric fights.
Were provided, and he, knowing of the
location and use of the switch, omitted
TO turn them on.
p Where it is essential to a PLAINTIFFS
case ca that he prove certain electric lights
Dad condition, and not merely because
they were not turned on, finding that
there was no evidence to show wIly thew
were not burning is fatal to recovery
All the justices concurrfhg.
a true copy.
Attest: D. A. VALENTINE
ISsaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-11
No. 1929.

No. II 929.
Thomas J. Ewing, ct al, Appellants,
VS..
William J. Nesbitt, Appellee.
Appeal from Johnson County.
AFFIRMED.
Syllabus. BY the Court. Burch, j.
L. Estates tail resulting from the
judicial Interpretation of the statute de
donis conditionalibus Q3 Ed. l. e. l, June
%, 1850, as modified by subsequent stat
utes and judicial decisions, were intro
duced into this country at the time of its
colonization. with other parts of English
Jurisprudence, and still exist in this state.
9 One OF the characteristics of these
estates as we received them was that
they were capable of being barred by fine
and by common recovery, which were
looked upon as legal modes of transfer
having the effect of conveyauces OF
record.
8. Fines and common recoveries are in
consistent with our modes of procedure
But the fiction and the form only are
obsolete TIE substantive result of the
proceeding a conveyance OF record, m ay
still be accomplished by an ordinary deed
All the justices concurTfng.
a true copy.
Attest: D. y. VALENTINE,
[SeaLl Clerk Supreme Court.