VOLUME XXXIV. CHARLOTTE, N. C, FRIDAY, JANUARY 22, 1885 PRICE FIVE CEN TS. i mm m i iiiiiimwii i imm i i niiiirnwifiii The rush continues and goods are selling fast. ; A prices. 6omtanJsomo , , . ' r At prices never before heard of. Now Or any thing else In our line Remember that this sale includes everything from a paper of pins up, at exactly what tbereost. aeBIBMISS&MilBS S SIXTH DUILDIWfl. COKSlTSv -:o:- BUT WARNER'S COB ALINE CORSETS. , ' ABDOMINAL. NURSING - . FLEXIBLE HIP MODEL MOLDED HEALTH. "-"V.-. Irs . . : . . v . - .;. f7v-. -C, 1 " - MI3SE9 SEI6LES i FIFTY CENT -:o: SWr(s ! Shirts! Shirts ! Try my dollar phlrt. Quality and fit guaranteed. -:o:- LADIES' AIID OISSES' , Damaged Gossamers at 50 cents. v v - . , Don't forget the. , V ' ' , Handsome v Combination SuiCs . That I am offering at about half .their value. 5 T.LSEIGL G I V BUS Being: dow better prepared to meet the wants of the Trade, we cordially invite a, visit from all. Be assurUt aiways gives us pleasure io r, , ....... . , Trr. oo aon t nesitate outcome aiong. we ttiiw musics Also unusual muuwiuwiwj iu mo juowj . . Celebrated Eo iio MllfiSJLliBCS tt e. l. keesles, ; Formerly with Alexander & Harris. . : .; . - - B. p. harry, i C ijriucn mux v , Hargrves & Alexander. ' Houses Rented, ; " Houses rented and rents collected, la the city AOTertlaed tree of charge, - CHARLOTTE REAL ESTATE AGENCY, B. E. COCHRANE, Manager, " ttM . tf . Trade Street Front Cent? al Hotel THE. LATEST HOSTIPORTAf in I le are now running On full time. Furniture : manufactured by us la . kept by the enterprising , furniture dealers in this city. VTe make only the best and most .substantial in the market 0 SHODDY G0',?D3. Askfor goods made ty :us and ; ion will get the worth of yoar-.JDcnoy.- Our hanie. , la on eacli p'.eoe. Yo solicit the patronage of the , mfiuc aad g-aarautee satlsfactlbu. . ; EwpttifcHy, , ' . IXLTOTT & I.IAE33.. A nice lot of NOTTINGHAM LACES at sacrificing nice is the time to get a handsome cheaper than ever before; PEGBAi & 00. : First National Back. 8ai!ding, South Tryon Street '4 Charloltle, N. C. . , 1 DEALERS IN. ; - LadiesMisses' and Children's BniTON, CONGRESS & LiCE SHOES. U Gents' Fine Hand-Made and Machine Sewed BOOTS, BUTTON AND LACE BALS, m w- - WT , 11DTS AUD, TOIITIl' ' ' fine boots and 8H0E3 of ALL GRADES l n -nfTmcii ' BTTXTTt ' G&NTS J'Jivii, dOILana dUII XiatS. : ' - I trucks, ; ; YALISES and M"rvllroA.Oix.o, mDDPrr a a Invt a tt p-rArne UMBRELLAS OF ALL KINDS. SHOE tBLACKING and BRUSHES, A T .AT A onrl V? A VH'M nTnSl- SING for Ladies1 Fine Shoes. ... Stock always kept full and up, to the demand. . :, attended TO. - T AC A L L . ' , ..mi 1 :i ; otttt. wu uavo tuuu wc6"uo " Peg Co. nlAMUAiif Dnton'MriH rtlniO IVidlUlOW i ciaiifc i-vivi-isvrw - 1 . - ' ' 1BEDC. -WHOLE3AL2 LAGCQ PCSiS -:PKAiCg;i Anf COXXlTJI ; - - nTTATr.OTTR N. C. UnAiiLUllJ, . Depresents two of the largest LAGEB BEER Breweries in the United States . Co., of Ilailafielpli2a, and the p. Iz. EI. GcIiRlTes- Brevrisis Co.,' TTTT5 T.AROEST LAGES BEES . TLIIT G - ESTABLISHMENT -C70rtlern Solicited,-;----AH :cxaen promptly 21Ied arid delivered fros --Larr-o to any p.-.rt. c.f tLs city. ; , , "TBCTH. 1XKX THK SUIT, SOMXTJ3CES SUBMITS TO BX OBSC0BKD, BUT, EXEK THS SUN, OKLY FOB Jk mat." ' . -.' B abscrip ti on to the Obserrer. DAILY EDITION. Chiglecopy.. 'Scents. By theweekln thectty..... ........ ..ii5 20 , Fy the month.. j. ...... 75 '. Three months...... ..................$200 ' 2x months..;. 00 One year . ...... ........ .. &C0 - ' , WEEKLY EDITION. . . ' Three months ' ' 60 cents. toe months..... .....$1.00 3fee year........ 1.75 r In clubs of five and over L5Q. Wo Deviation Prom These Rules Subscriptions always payable In advance, not only In name but In fact. . , ' - BUrilEME CO PUT .DECISIONS. of . Opinions, October T 1 Term,-1883. From Advance Sheets of Attorney General T. F. " Davidson's 98d m. C. Reports. ; ; 1 State vs. Brower. ' , t", 1.. The bond of a deceased admijbisv trator cannot be charged, in . anytac tion by the; i administrator , c e bonis non,' with solvent notes j which went into the hands of. the administrator de bonis non and could have been col lected by him. , ; - - ';;v v f.. 2. Where, in a; series ? of - findings by a referee, some are- proper an exception to the whole will not 'be al, lowed.' - N " --1 " ' r? 3. Where, in a book in whidi theiad ministrator kept his account withithe estate, a certain note due to the estate is marked ''paid," but the entry bears date before the death of the intesv tate. , Held, not a proper ' charge against the -administrator;! a the ab senco of evidence that the amount toras pad to hmr ."-. v 1 . r ; 4. ' Where, in bis in ventory ,lan ad ministrator" returned the receipt . of a deputy sheriff for four bonds due the estate of the intestate as beiug in his hands, -which receipt - was found among the papers "of the ; estate at his death Held, that he was not chargeable with the amount of the bonds. . . ' - 5, Where there is no - evidence of the solvency of a note due the estate, found uncollected among the papers belonging to the . estate, v after the death of the administrator, and it is found by the ; court below that even if solvent the collection was de lay ed and imp ded by .the stay laws and the general disturbed , condition of I the 1 countrv. the . administra- tion, bond is . (not responsible,- to the estate for tho amount of the . . -Yvnerone partner ales, tne surs vivmg partner has the . right, and it is his duty to settle up the partner ot au partner., h is administrator ma nAf hnna o caftlamanr mirh : tha aniv not have a settlement with the sur viving partner of his t intestate's in terest in the firm, his. bond is not lias ble for the amount of such interest i.: ' i- .4-.:.:nu..t.,.. . bonis non. in the absence of evidence that any detriment came to the es tAtBhj.kB failure of the first admin wtrator to . - have a. settlement. In BUCn CttBtt liUB flKUV Mi CU1UIW3 mo DCU? tiement passea to tne aam nistraior de bonis non. - 4 A , h 7v In the absence of evidence to the to be, equally linterested in the joint 1 business. - . ' -- - v o. vv nere an mieaiate was poaaesseu of a large number of, slaves at his death," aud other, ral and r, personal property, more than sutncient to pay all o his aeDts.i ana nis auminisira- tor: who was one of the next of kin. had the slaves divided between the distributees, but 'took no refunding bonds; Held, 1st, that this was tech nically a : devastavit, although the creditors of the intestate had a right to follow the property and subject it to their debts; 2d, vthat by tne eman cipation of the slaves by the sover S'Sf have been fulfilled, and therefore, that as the creditors have suffered no harm from the devastavit,- they, cans not recover therefor rout of the ad ministration bond. I . OUaiuiioWi o taxes out of the funds of the estate assessed against his intestate -, as guardian, it is an improper uisuuiw .7". J.' L.; mentand his bond is liable therefor 10 . where, an administrator pays debts of inferior dignity, he is liable, unless he had funds of the estate in his hands sufficient to pay all . the debts - ' ' ' Norfleet vs.; Hawkins. , li In the execution of a. power, ex cept simply to effect a sale, no con sideration is necessary. 2. There is no contract between the donee of the power and the appoin tee; the latter takes the estate as u it had been conveyed directly to him from the donor. - , v ; vs. The doctrine of presumption of fraud arising from fiduciary relations na8 reference to contracts between the narties. and aDDlies. to contracts be tween husband and wife. . 4 In tne appiication of the doc- trine of presumption of fraud to the execution, of a powerby a married woman in xavorui uei uuisuLiuu,i.iicia is a distinction between a power; ap pendant and a power collateral. The former is where the execution of' the oower affects some interest or, estate of the -donee; the. latter is a mere naked power, which; does not' allect his interests, ; but enables him to create ari estate independent of, his own., ' . . ' - . :' ' . 5. Where ' there is a contract be-twer-n the-parties, or a feme covert, m the exacution of a power in CaVer of her husband,: aiiects some -estate or interest of her own. there is nre sumption of law that the transaction is fraudulent, and the burden of showing that it is fair and consciens tious is on him who seeks Tr-support it But when the transaction is the execution of a mere naked power,the law raises no oresumntion- of fraud ' but it is a question of fact to be de- ciaea Dy tne jury upon the facts and circumstances of each case. , - Witt vr Long. . 1;. While it is , better and more convenient to have the record prints ed as soon as the case is docketed i n the supreme court, and this practice is commended by the court, yet it is a compliance with the rule if t the record is printed when , the case is called in its order for argument : 2. Appellants should be careful to see that the rule is duly observed in respect to the parts of the record re quired to be printed, as it is intimat ed that a mere colorable compliance will be treated as no compliance at all, and the appeal dismissed. . : - 3, The statute does -not require that justification of the surety on the undertaking on appeal should state that he is worth double the amount of the undertakings above his liabili ties and his homestead and exemp tions allowed by law. - It is sufficient if ,it state jthat he isorth double the amount therein specified, i ' ;s 4 Adjudgment by default final is irregular in an action on an open ac count for goods eold and delivered, whero there is no express contract alleged in . the .comDlaint. . but the plai n tiff a only seek to recover on the implied contract the reasonabla value of their goods. In such case the judgment should bo by: default and inquiry. i . , , s . r ' 5. A judgment by default final can only, be rendered when the complaint is verified;, .v ' r- . . . An Unfortunate "Make-Up." rr New York World. - -- ' ' . , " It is sad to. notice the reckless strain in numan najure wnicp ls . responsi- ble tor so many disastrous ;x;ombina-i; tions of -otherwise useful, materials. The dog and the Newark small boy,! he bans cashier and the free pass to Canada, the Alderman and the boos dle,.the gun and the man who didn't, know it was loaded all these separ ately go to make up the' su m of hu man happiness. , But once: combine them or let them lay around loose in close proximity to each other and the whole beautiful cosmos is disar ranged. ; - . "v j ' t ' , - The most striking illustration: of this truth is found in the publication in juxtaposition of , two jottings of news by the Village Item,, of Bucks villePa.va few.days ago. lrHer are . - . , ' . inenems: 4fThe citizens of . Marbleton are mourning me iosa or iweniy vaiua ble dogs, poisoned by some miscre-1 anL .,-... . i , r ''Butcher Segar, of ; Marbleton, an nounces that 1 he has just made up a large batch of hne sausages.- Now there is nothing remarkable or reprenensiuie in me lact mat ine cits izens - of . Marbleton should : mourn over the deaths of twenty dogs. . The dog is a ; noble animal and is more friendly to man than any other of the brute creation, it reflects credit up on the tender-hearted citizens of that flourishing ' Village that 'they sorrows ed many days. The. dog. is also a friend of , science. Where .would Pasteur- be today if there were no dogs, f He would be nowhere and tha int.Arpnt.iniy. RfMAnftA nf - haftt AnnlOs gy would lack one of its most prom- inent features. . ' ' - ieituer is w a uiruuuisiauuo iu uo regretted that Butcher Segar shad What toomd not thrill "2535?. au tne menuon 01 inoso ueuuiuus tronomical serpents that lie in wait, upon tne orea&iasc taoie to kui tne nnnfihte? ; - - ',- . Either ot these two facts published separately would undoubtedly have .nJn Jnnn imn.coci!nn linnn tha uiouo F-" "f puuuc miuu iu Duu&vuu;, . - jjuu, hIm for t.hA ArTorts of man.0 we are in formed that Butcher Segar , dashed into the sanctum of . Editor Kouke knocked him off the ( editorial stool and "then swept the . .waste paper around like flying snowflakes;, with his helDless . bodv." . Later on we learn . that "the butcher was torn loose from the astounded and broken nn Arlirnr hv thA omnoaitors and the devil." The same "picturesque - pen avers that "tho compositors ana , the devil led th irate i butcher down stairs.", . ,it is painrui to nave ro recoru bugu a case, and yet it is a signal warning that, try as men will to elevate tneir fellows some unseen nana may mar tha ofFn-f , "Mnfhincf - huh : vilianoft can prevent disaster. Besides, the editor ousht to have known :nown oeuer than to omit' a club, from his office furniture. All of One ITlincL ; Dr. B. WILSON C! ARB. of Baltimore, says he . . . eira r Qttwifiila qti1 ntha. diseases, with much satisfaction. DR. T: C. PCGH, of Balltlmore, re wmmends BOSADAL1S to all persons sufferlDg with diseased blocd,6aylng it Is euperlor to any preparation he has ever used. Eev. DABNER BALL, of the Baltimore M. E. Conference, South, says he has been so much benefitted by the use of R03 ADALI3 that he cheef- tut it reftommencs n w au ua meuus u ac quaintances. , . 1 STOP- TEXAT C05JOE1 By usin Dr. Vraziers T&roat and LMig balsam - wjvj uwii. jm. f j 1 sore tlirofjt, aDd all diseases of the Throat anct Lnr?3. Do uot neglect a coiiga. itmajprev iivto n? Vri7'T's Tbroat aiivl luh Bnl-ara anJ no fara'ly w-11 ever be wiriiuT it attar once n-i'Ti" it. ;n.i filtsjovtni'g n.s nwrn rnwei. it '.j n rvnln ' r f-.ta bOtJ c--l M frrt' Smiui & Co. ' - . toreoGAU i .. - . .... - i '"- - - 1 'WHOLESALE -AS WELL AS- 9 II RLTAIL MP1 IS IM NEED; OF If we wish to convenientlv accbmmodatft th imtnnca atnv are PJf purchasing for the coming season; : yuu wjiULEHALK DEPARTMENT has just been extended and willhj nanosomely rentted. We ttonnftr-.ipH thAtiiroa fla w;v recently added to our Store, by arches, appearance. . - ' T HIS ALTER ATION Does not give our RETAIL DEPATiTMF.N'i1 kn riitiAni t? Ttr v compelled to make room, and can only selling; goods cheaply,?: reductions will take the lead: ,-20 CENTS s r. Will buy a pair of - Misss All Wool Hose . in solid colors, every size, between 5 an 8i.. v 22i CENTS. Will buy a pair of Ladies solid colored All Wool, Hose worth double the money. , - ' . j - ITw I TU' 1'..: C-XajTline I 11636 '8 Ufl :V , $1 00 A YARD - .For bur heavy Black gr. gr. Silks, which formerly , sold at $1.40 . ' f . - $1 5Q A YARD . For our superb Black gr. gr Silks, i which were considered cheap at $2,25 per yard.. , OA 4- C: t J UI . v O vl to , wcllli9 Do not consist of undesirable Shades, we are uuuwiug an tuav ynuo. r , CUE4R1. ROSE, BLUE AD ; AT,57i CENTS A YARD We are selling Silk Trlcotines; in myrtle, cord.' navy & light blue, pink, garnet, etc. ; SPECIAL REDACTIONS IN OUR LINE OF FINE BLANKETS. ' THOSE THAT SOLD AT 1 $10 00 $12.00 $15 00 $17.00. ' ; 'SELL NQW.rAr ; $7.00 $8.00 $10.00 j $11.00 '"I'lC- u 'IFI M'V HVN H Jtf LI Li. Li LA Nil MM kLa LI CHARLOTTE. N. C. . ORDERS SOLICITED FOR SALE. - Two' desirable building lots, . 60x300 1 feet, 1 ff g?prorSM0b?ralS wiu be Ba d separately or togetlier. v Price $700 AAfth. . ' ,'t - - - i chablotte keal estate agency. f J: walker B. K. 6BTAN. L J. WMIR & HI,, Wholesale and Retail Grocers. NEW FIOSX IVX317 GOODS - tT,aflTfitlta ; f jannarr.i888.theunder8ied . nterei mto a co-partnership for the purpose of carrying on a CJpji prn I ttTCWrV. LJCSlCOCS v"v"" y,. ; At. the old stand of Springs & Harwell.; corner i Trn , vnnrth Rtrftets. - We are duaiiDea Dy ions Mnence. to meetthe demands of the trade, and giyetactlon p o comers. . . I T V Msr vu " " -. PM2LY OTPLIE D3 Which will be delivered la any part of ttzil .. t e Xharge. t b und.rsola ti the- Charlotte market -n TiiTn 1st a -f) d wsmny-rdla tfce ieir (t r'u7orefcr.tha rCcommCdit!ori cr our ct- GO. 11 n Room. thereby giving ach floor a crr.il . - . . . do so by ; , ' ; . v - . ' - 1 21 CENTS " , ! Will buy a pair of, regular made silk cloaked Balbriggan Hose,' 8 to 9i - 20 CENTS Will buy a 'pair off Ladies solid colored or black cotton i Here t to. TO desef them i & OSpr v, Eor Dlir rifH Rlanb- rrv Silks, s which sold ' ? well at 1 $1.75.-; ; I J $1 65 A YARD For. the" most -sublime Oualisi ly oi uiacK gr. gr. Bilks; well ft Our 30 cts. Satino ! such as Crushed Strawberry and others . ' l , . ! " . OUR 65 and 80 CENTS ; Black ALL Wool Cashmeres 4 cannot t oe ..equalled ;acy where." . . . '. "'. .;- t ). ( V f : ' t LP A PX1 !l I T.i I C eiV f 1 TM JU - i U - I PROMPTLT ATTENDED TO.;; TTTT77 A" ' r rFor fifteen years they have steadily gained fx lavor, aad witn sales constantly increasing nsv9 : become the most popular corset throughout C United States. The t duality is warranted to wear twice long as ordinary corsets. We nave lately hitro- -; duced the G and EH Grades with Extra Lcr , Waist, and we can furnlth tbem wben preferred. H'enest - awards irom ail tne world s trees : Fairs. The last medal received Is for First Dfcrrsa of Merit, from the late Exposition . held at Laar Orleans. , While scores of patents cave been found wcr2-' less, the Principles of the ' Glove Fitting hay : proved invaiuauie. ; . - . Retailers are authorized to refund moner. If. oa examination, these Corsets do not prove as repn sentea.' , ; Fey eal Tr5;er OiiaIcffC5 v Thcc c 9 IE. t .i e ta Co. r?ei . York. " -' These irtUiff m tcr rjctlities frriii . by ersTorf d fam!Ie to S3 to -Warren- county, ' I Ml'Slaff'j.Trt-Oriod lioi'S ". c Pfl wrt r -Hd -g."d lar.t's. Jrt nsar any river or bottoms. ; PI tv cottn o pick new, iior t-y h j ten cepoltei heriv'thB i.T7ill:nntjM fr your M'Iroal ticket-". AisaSO fan " waiitM t prr 'i-A-nn-av ca sa uii If tmi f s t-.U v e. t oro ' xf-'i r p li. A" UJLlUM. facl2dl . Chariot.e, N.C tr e 1 J i si I 'A 4 hi ft ' t 13 .u SI 1 " j '.r it H f i If' ISl 6.1 ir i