Newspapers / The Charlotte Observer (Charlotte, … / Jan. 13, 1908, edition 1 / Page 3
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CHARLOTTE DAILY OBSERVER, JANUARY 13, 1003, peak. Monday evening an address was riven by Dr. Fainter, who has pent many years in China. His talk as largtly educative, end little of., the" missionary religions entered into it. It was easy to see, however, that the underlying purpose of his remarks jivas .to interest the students in" the country he his" grown to love, aod to lead them "to study it. The Thursday evening service was conducted by Miss Strong;, of the facuTryrwfttr mads a helpful and inspiring new year talk. Last evening the Lyceum Grand Concert Company grave an entertain ment trr the college auditorium. The ' shlaista were Madame Alice Myron, contralto; Miss Ada -Wallace, piano; fclr. Arthur Braunberger, baritone; Hr. Cart Smith, violoncello. Madame Myron in a well-known singer, possess, big a sweet and riot voice' and a Etrongly attractive personally. She liua supported by Miss Wallace, 7 who fa an accompanist of great power as Fll as a soloist. Mr. Braunberger a, young singer or exceptional aDiiity, I. Mr. Smith showed that if the vio "Iv'j tin king of Instruments, ths Is the "King's big, brother." After the concert a short reception -was helg, during which the ''students enjoyed seeing their friends from, the city. . - WHITSETT INSTITUTE Correspondence of The ' Observer. Whitevett, Jan. 11. On Saturday from 8 to 11 the iwce-ption to new BtuJenUi was Jreltl. It . was a-very enjoyable occasion, and a large crowd was oreaent."" " Thu Athenian and Dialectic Socle ties iheld elections Friday for th commencement orator. This Is a very highly coveted honor, and the rivalry for Che positions waa great. .The results of the election will be announced next week. An unusual' number of new students - tre- ihere. 'tot the -Spring, term, "and about ail the etiunta of the fair term are back at their studies. Thirty- eix new men ihave registered thud far. and others are wtMl to come. These new students represent the counties of Lincoln, 'Martin, Halifax (Va). Nontrnjifpton, Guilford, Alamance, Florence ' (S. C). Stanly, Beaufort, Xadh, Stokes, Green, Pitt Lee S. C), Rockingham, and Havana, Cuba. The Y. M. C. A. will hold on Sun day a public welcome meeting for the new mem-be re, at which time special music will toe rendered and some ultu'ble talks made. Kiarl J&nsen, the Swedish Imper sonator and elocutionist,, has a date here tills month, and will have a large crowd. Rev. S. M. Rankin Is sick at his (home in Greensboro and could not be here for his appointment last Sun- ','.. WAKE FOREST. Correspondence of The Observer. Wake Forest, Jan. 10. The past week has been spent very quietly on ' , the hill. Most of the students have returned and the . regular college work la going on as though there had been no Interruption. Through the efforts of Mr.' Poteat the student body was given the pleas ure last evening of listening to a lecture on "Child Labor as Seen From a Medical Standpoint," de livered by Dr. Charles Stiles, of the government surgery department. Dr. 'Stiles Is a pleasing speaker and irw , Tresses his audience as a man thoroughly acquainted with his sub Ject. The 'lecture wan given under . the auspices of .the Wake Forest Scientific Society. ' r In the absence of President O. J. Sykes, Vice President T. N. Hayes railed the law class together for the purpose of t electing officers of the moot court for the ensuing term. Dr. E. W. Sykes "was present and pre sented" a picture donated by John C. Sykes, of Monroe. Mr. J.'W. Bailey accepted the gift in behalf of the class, after which the election of of ficers took place. Those elected are as follows: Judge, Prof. E. W. Tlm berlake; associate judge, O. W. Clay 'ton; solicitor, E.- M. Blackmore; clerk, John A. Watson; sheriff, T. M. Daniel. The law department Is larger now than ever before in the history of the institution, having over a hun dred members. The moot court. In which the members of the class take great interest, is doing exceptionally good .work and offers many practi cal advantages. " Mrs. R. S. Dodd was "at home" ' last evening to a " number of her ' friends from I to 11 o'clock. Those present were: Mrs. J. W. Lunch. tlr ont Mr W TJ fllllnm Mrs. H 1 Story, Mr. and Mrs. John Brewer, Mr. and Mrs. J. H. RoyalL Mrs. R. E. Roy a II, Misses Mary Taylor, Mary ' Lanneau, Professor TlmbeHk Dr, and Mrs. Powers, Messrs, W. Itoyall, . Leslie -Hardee and .uruce rowers. Miss Minnie Gwaltney returned last week to resume her duties as nurse . in the college infirmary. Mr. v L. M. White, of the senior class, 1 left yesterday afternoon - for Greensboro to visit his father, Dr. Iirhlf. M.ht pw.pntlv neeent,i o pall " " " . . -J - i - - . J to the pastorate of the First Baptist ehurch. - - Horner School: Correspondence of The Observer. Oxford. Jun. 11. Mai Turner Wilt ehlrev-ef Baltimore ha arrived -atthe barracks, and will act as commanrtunt of the f.dets until the return of Mai. W. P. Tate, who was given a month's leave. of absence on uccount of sick ness. Friends of Major Tste will be glad to learn that his condition Is very Horable. and that he U expected back at the appointed time. Though comparatively slow about making u start, , the students have at( last organized a tennis club, and ten nis promises to be the favorite sport during the warm and fair days which will occur this winter. At a meet ing of the club last night R. W. Wln pton was elected president, L, N. Mills vie Preisdent.t.' and Professor Mer chant, Secretary and treasurer. Practically all of the students are aerain at school after the holidays and the pleasure and drudgeries incident to life in a military school will be encountered ugain. Two new boys' have arrived 'no far. Murial Peice of , Oxford, and R. M. Jiyner, of Farm vllle, WINTUIiOP. CerTespondnck of -The Obsrvor. Rock Hilt, 8. . J'tn. 11. The pa.4. week has been Quite an . Interesting me In Winthrop College history from the fact that the architect has been selected for the model Mhool build ing. The bulkiinj committee of Wjn-t-brop Collesre. fcmpowl of President Jf'hwnn. Stat'?' Superintendent of Education O. 1. Martin and Mr. W. J. Ro.ideyi met at the college Wednes day, Junurtry 1 1 a. m. A number of archttet-ts - were treent. After hearing them all, th, Commu te selected the Urm of Wwrl. Walters Ai Farnham, recently of Co lumbii. S. C, anrt now . of ' ALUnt.t. To dire a OoM lit fine Bay Take LAXATIVK BKOMO Quinine Tablet. Lrugifits refund miny if It fslln to cure. fi W. OROVE'sS signature is on each box. 2Sc. Oil. . The mod 1 school building , is to be thoroughly eiuiixw.,l and up-to 3at in every respect. . The plan nfw Is to have the new building ready for .-ue when Bchool opens next fct?ptem ber. ; Ten thousand dollars of the State appropriation la nbt available until the latter part of- February r the first of Alarth.- In planning for the celebration of Lise binthJav the Question was ass t'J, "Hoirfliany daughters or grand daughters of veterans are auen-Jin -Winthrop College.?','---In order to an swer tivis oution a. census of the students was taken aod It wu found that .there are now attending college 35 daughters -or grana.diuhter of Confederate soUlers. . Quite an ln-tere.-itinz fact, la Jt not?- Winthrop with her scholarship and her free tuitions ta those unable to puy, retakes 1t poRdibia for these -girls to owain an education, which if -It were not. for Winthrop College wouia Jte. an impos sibility for many or tnis numoer. The business manager! of the-annu al. Mls Martha Ts'eal, has had Dbntojiranher from Columbia at the college most of the pant .week, taking photographs of .classes and clubs to Ix used in the next volume or. une Taller. If tard work means- any thinir. th next Tatler 'Will be better ifhnn nv of its nreJecessors. The board of editors is untiring In its ef forts invi oDarlnJr nothlns that will tend toward an attractive volume. At a bazaar held recently -toy the TJ. D. C. at the college, the chapter realized a eum mifticlent to make fin al payment on. the palntlnga of Lee and Jackmon given by the chapter to tJie library ilhejhiipter is rejoicing greatly and no "doubt will soon under take some other good, work. FIJIEHEX'S MEETING. Fenture of Wlnston-SaU'in GathcrliKf Will He an Address by Cant J. 1). McNeill Exercises to Be Held in Court House, ' Special to The Obsemr. s , WJnfjton-Salem, Jan. 12. The as eocldtlon of Winston-Salem firemen will meet la regular quarterly session Tuesday nlf?ht In the court house. The meeting ia oDrr to the public and It rs hoped that there will he a larg at tendance of the people or.tnecity. l ne oar win De reservea ior wie dies. The feature ofi the meeting will be an lidiireaa by Capt. James D. McNeill, president of the North Carolina ire jnen'a Association and ex-president of the National Firemen's Associa tion, Who will use as his subject, "The Volunteer Fireman." CUpt&ln Mc Nielli is one of the ibewt posted men in the State on matters tentalning to the fireman and Is an Interesting MKUker and his address will -doubt les be Iheard by a large audience. He wj.H he Introduced by Mayor F. H. Votrler. of Salem. ' Th music for the meeting will be furnished by the Salem Band. . The firemen will assemble, at the Read quarters of Oonvpnny No. 2 and will. go to the- court house rn I foody. They win wear run uniiorm. MR. OlTUW MAY DIE. Ills Intestines Punctured and a Dan grroiw Operation I Necessary " lOnglneer .Icnklns lloverlnr Knnna to Giro Cotu-crt at Golds- boro. - - i . Special to The Observer. 3olrtsboro,' Jan. 12. Mr. Ontlaw, the' man ao murderously assaulted by the stranger Hushey out at the public works, a day or two ago, is not ex pected to live. , The physicians i aay an operation. Is necessary. In that his intestines have been cut In places. R. C. Jenkins, the engineer who was so 'badly scalded In the Smith field wreck, January 1st, is gradually Improving, much to the Joy of his many friends. Sousa and his band will appear at The Messenger Opera House on the evening of Thursday, January , 16th. Large crowds are expected from Klnston, Rocky Mount, Wilson, New- bern and other neighboring towns. Superintendent Atkinson, of the county schools, and Col. J. E. Robin son, chairman of the county board of education went to Plkeville Friday to locate the public high achool, recent ly established at that place. Plke ville recently voted out the dispen sary there. BELL'S XEW BOLDIXG. CliW Arr-liltect of Company in V!n- ston Iropnratory td Beginning Work on New ticlianjrc Building There. Special to The Obscrvir. WInston-Sal.m, Jan. 12. Mr. H. S. Tyler, of Atlanta, Ga., chief architect for the Southern Bell Telephone and Telegraph Company, waa in the city yesterday making arrangements pre paratory to the beginning of the con etruotlon work, of the company's hiindiome new telephone exchange building, -whlch will to erected on Lrberty street Mr. Tj'ler stated to an Observer repreientatlve that work would begin on the building within the next ten days and that it would fee computed In about five months. The building wiH be a credit to tls city. Pressed brick wiH. be used throughout and the building will be modern) In every respect. v Mr. Tyler eta-texl that orders Cor prartlcal'y all tif tiha muterlal to lie used in the corertructlon of the bully ing ha been ordered, some of which will -.arrl ve '..within..: the next few Jays. With good weather the building will be cr.'mp!r?ted In less time than five months. r . . , Mr. W. Ii. Smith Korer IIIm' Conncc - tlon Witli AVinHton-Salcm Journal. Special to The Observer. Wlnstan-Salem. Jan. 12. Mr. L. Smith, who Win been manager of The Journal nines the resignation of Mr. Pay B. Dlthl, has tendered his resig rJitlon, which was effective yesterday. Mr. Smith 4 a newspaper man of bread experience and during his stay tnthls city has made many warm friends, who resrtft that he la to leave here. . H has several propo- piuons tinker cotisMenitlon, but Iihs not yet decided which tie will acntit. A very pleasant incident occurred in the eonrnoslr room' of The Journal 5nt fyenlng whert Mr. Smith was ca.ll d in and presents J -with a hand.ome umbrella. Mr. frUnith will remain in Winston-Salem for a few days. ' Salem's Good lire Itn-ori. Frieclal to The ObxerrT. Wlnston-Salf m. Jan II. In conver sion lat Tiifrht with tlhief F. C. Mdnunr. of the Salem flrr depart ment. It wn. JfHrnel that Salem'n fire record for I JO? was the brst of any town In the Plate. The fire-men re- snonled for five calls durintr tie year und no property kwos at ail .were re rortPd. This menns that - t!ie fire oaes in Silem la-t year -was practi crilly Vrothin. A etatement i made In one of the -papers a few.dnys aaro thut the fire dmnare W3'the m.ill.xt at "anm ron. the mv being only M0O ai-crdlng to the returns mde to the In-iifance Commissioner. Sa lem bft this rectrd by t00. Mul-.ri.-i Mske Tale - Blond. Th Old Standard GUOVFJ? TA KTICI F.S3 CHILL TONIC drives out msl.-rU ami builds up the syc tero. For cron people ani chil dren. 50c. SUPREME COURT DECISIONS T. C. Rollins vs. Seaboard Air IJne lull way.,. -.'- L RallroattH.Penalty Statutes,' Consignor and Conslirnte, Party Aggrieved. The Iiluliitiff may maintain his actio under Revlsjil, Section IM. for rr-Bful f.il'isre lo traiiKiK-.rt cerlatu kmmH rceiv ed ly latter, and bill or lading 1hui by It to plaintiff, wher, a appears that piU' tilt slilpt wi tli goods to be. for Inn oene- TfU, sold ly th ctnatanp,-a:id- t.iat no tlio DialntiH.- was the one wlio alone ac .inirni thf- rirhf In fli.malul the Sfcn'h; tii L 'len-ierod ' bv tho defendant, and was the pary asgrieved. . S. 'Same. Penalty Statutes, . Trunnport, RcMMiminiA Time. Iuvideiic. When there Is evidence that the tlma in t rnriHioriintf a certain kruwnenl from one slatjou to another on the same rail roiul. lKsdins- dirsctlv to DOint of ueeli natifkn and nnlv ntv-flva miles apart, wjis twelve days, ths Jury will be pyinilt-J ted. from the i common oDnervainr. u experience, to consider und determine the oupgtlon of ordinary time between ihn iu-n n inii Bhri in the absence of ex- tlanatlon bv itefendant. fix tho amount of wrorgful dPlay. Kevisal S6I3. 3. Kama Initial r-ftint' When in an action for a penalty under Revial 2. aU tho twKti.uoi.y ',V'B efrtct that th-d4ay of twelve days compheWed of arose and existed altoaetli- r c lh mint nf nlnninf ill. it IS idcliCe fuftlcient for tho Jury to find such delay was unreasonable. A - Rama Vna1v RtntlltfS. Party Ag rrieved. Knowledge of Notice tf Car- Wl en It is ehown that the plaintiff Is the "nsj-tv nirsnieved.". unaer rtevisai, 932, on account of tlie wrongful failure of defendant to transport certain goods uhlaj time, it la of no Im portance and bears in no way on tho iuatira nf nlalntlffa demard or or aeien dant's obllention. wnetner ' oeiemiuni knew who nun tho tMirtV ajTCTieved, eltlv er t the Inception of the . matter or at any other time. A. Kfl ITIP il'-KII,! . IiHue submitted to the Jury upon the miration of notice to or knowledce ot mo di-fendant that plaintiff waa the party fle-ripvprt- iir- tmmatrtlfth t. - Samo. Penalty Statutes. Kevisal 2KI, Onnstittitional law. Kevisal. Section Jfi31. in constitutional und does not deny to the cnrrlfr the equal protectlr n of the laws. (Warner vs. tvau way, Ki. N. C, 1S; Sor.e vs. Railroad, 344. N. C, 220, cited and approveu). Monls-Scarboro-Moffltt Co', vs. Southern Kxpress Company. , 1. The Penalty attashes as a -conclusion t.f law. when. In a suit for the recovery cf a psnalty under Kevisal, Section 5M4, it is established, that the rteteiuiant, as a common carrier, undertook to trans port and deliver the goods in question to tho Dlaintirr. that when so flellverea tne .acknge had been broken into and good a taken inereirom, ana mat a certain pro- r.er stun as damaKis therefor by reason of the negligent default in the contract of CiirriaRe. had been formally demanded by rlaintln. which tho defendant failed and retimed to pay for more than ninety days. U-:nand vs. JUallroaci, at tins term, cited and applied). 2. ' In the absence of InhlMtive eongra sion.il . legislation, llevleal. Section l&ii. imposing a modrrnte ai'.d appropriate penalty for the failure or refueal of the t-arner to pay oamaen to koous occan- Icned by its negligent derault, within r.lnety days after filing such claim with tne spent of such carrier, at the point of destination, is not repugnmt to or In contravention of Article L Section of the Federal constitution, conferring upon Congress the power to retaliate com merce amone the several States. Such Is a proper subject of otnte regulation arising, as It does, by reason of dt fault or the earrlur after the termination of the transportation, ana enforvlntr a com mon law duty Incumbent upen it to ad just and pay for damages arising from its negligence, and Imposing a penalty which Is. not a burden on inter-State commerce, but in aid thereof. Caldwell Lund nnd Lumber . Company vs. John M. smith. ' 1. Taxes Unllfited, Notice, Collection. "Due Process," Itevlsal 5232, institu tional Law. Proceedings for the collection and en forcement cf taxes are of a qulnl judicial nature, and have ihe effect of a Judg ment and . execution, coming within th due process clause or the constitution- Article l. Section 17. while the LKisla- turo has tho constitutional iitflit under Kevisal, Section 6232. to provide for the listing, assessing and taxing personal prorrty omitted to be listed as the law requires of the owner, for five or mors preceding years, an - opportunity must be given by notice to the tax payer to rie heard before the board of assessors or trlrunol having tho power to lint and as sess such property, or before the courts of the state, in some appropriate proceed ing, before the assessment is comluslvo Same, I'arues, lr. Junction. "Due Pro cess" An injunction will be aranted to the hf arlng against the sherift for collecting hack taxes en a solvent credit, under Ketisai, section 6a,- upon tho s-round hat plaintiff was not given notice of tne assessment-or. opportunity to be heard, before the boerd of assessors or the tii- ural having the power to list, or asitess suoh pif-ptrty. rue sheriff la the proper tarty eerendant, Dut tho commissioners make themw-lves parties If they think the rights of the county rsqulre It, . Norfolk Lumber Company et al. vs. M. A. and K. S. Smith. 1. Iieeria nnd Conveyances, Timber Con- trnctc, Timo Limited, Interpretation of ontract. When, under a contract to convey all the timber of specified dimensions upon CrrtDin described lands. It in stipulated that the bargainer, "his heirs and assigns shnli have four years to cut. haul and remove said timber from tho lamU, and If it longer time Is denlred to rsrnive the tin ber. ritfht is hereby granted upon the payment of elirlit per cent, upon tho pur ihnie rW for the time it lukn.i after tii expiration of the four yens herein grnntt-d," etc., he or those .itmliiir un der him, should at least hare beicun the rutting and remo-al of tiio timber with in I he ft ur years' period, ne. by Inter pretation of the ctmtriict th extPiulnn of time-was (riven In Um-even- ths period therein specified shjulJ lio found insuffi ciert for the nurrore. I. Same. Timber Cortiracts, Time IJmlted, Injunction. When It nppftirs that tlw bargilner. or the plnlnt'ff claiminis under lilm, lisve rkpt upon their rights id remove, ur.dfr" a contract to convey, the timber upon certain described lanjs within the spe c'fied time, and that wltliin such pt-rlod they have not commencel to s. rvmnve (he timber. It Is proper to dissolve laln tiff's restrarining orel'-r upon the hearing-. H 1 eing apparent thut he will eventually tail in nib suit. Eflmunl T. Mudg. Trading as.Jloblcr A Mii'llte. V. H. II. "Varrr. . , 1. titiar.intor nf Veymtnt. Plaintiff hciding a valid aewtinl, ist due. sejlDKt n corporation of which de fendant as president plncwl It li- the Panels of attorney for collection. The rte 'fendant wrote protesting a:ilnnt such cdeirye. and 1b plaintiff replied that If defend nt would endorse i.otes' for Cm account ncninst the rornm-stlon hj would withdrsw the claim Immediately. There upon defendant urote, ay!ns. "will you hrld up this account until July 3th InM? If o. I will guarante ihst It will be j-ald on tbnt 'ste." Plaintiff Immediate ly ncr--d to delay. Held, tbt the d fendant's rrfen ent to pay the debt of the ecmor.nkin was absolute up.n de fault of the principal afier tne srrod time, and that It wes a ruarant of pay ment and not 'of collection. 1 Same, Contracts. Written. Parol Kvi Vnce. ' When fron the entire coi-reepnTidPnce it conclusively apf-orj tht the defen dant penorlly ruarnfed the payment of the vit ef corp'rHtlon of which h was pnnldent. he may not t-tlfy ns in nut he lnmlei srf hs to (roiitra-ilot or nltcr-the cl4e Import of the 'terms ex pressed In the rorrernCenee. Ktat" . M3r Gntbrk. I.- MunV-r. Kvldenr, Proof. Order nf. Trial Ju.e, I Iscr-tion. Appeal and r- r. W-o It l usual jipon tHnls of I nml-ft-lcs that Ihe corpus dlic!tl lie Miiit ihmvn Ix-fnre eviil'we f the H-ffiHntif cull!, ihf ( n'ir of rrof N unsliy I, ft to th tuiimd dlwrctlmi of ti, trial ) i'la, und Is- not reviewable on apptal unirj J It is 'male to apre.-vr that some substan tial Injustice baa Ltt-en dnne. fc. Sa.no, Kvidmee, Demurrer, Declara tlons, Admlsiions. l'ixn Hie trial, of defendant for the murder of lit wife, a demurrer. to the eWoVnce will not be suvtained, which tends to show motive Wised upii Jeal ousy; r.e,ited tl reals of defendant ie Ulil l-.Is wife, made up to the very night ft the hon.iclde; a violent altercation In ileceaced's rccm and that defendant re fi'scl to let a witness ' enter; marks arour.d the throat of deceased, as if i-hcked to death, together with deci,-v. (ions cf defendant as n admifcsion of Irs carrying out his threat. 3. Same, Trial Judge. Mistrial, Avpeal ' and Error, Record. . In capital felonies the. trial iudiro has not tiie same diwretion to niaK a tnis- trial us In other cases, and to constitute reversible error In nis refusal to do so the record should disclose hew the de fendant as unduly prejudiced. It is not reversibio error fcr th court below to refuse Jo make a mistrial of tho ca beeaueo a child of one t the Jurors was acoidently killed, during the etlal. . . W. U Phillips vs. Salem Iron Works. Safety Appliances, Methods Employed, Instructions, (juestioit for July. ". Under-conflicting evidence as to wheth er the employer should hfcve fiUTiished cylinder, to be tested by rteam pressure with a safety valve, and whether his failure to furnish It caused the injury to the employe so testing it in the. course of his employment, the requirement that the safety appliance. In the operation of dangcrrus Instrumentalities, should De kr,own,-approved and in general use, ap plies to cylinders of a similar kind, Con struction, etc, and the known, approved nnd usual methods employed for pro viding them against danser from an ex plosion caused by excessive steam. An Instruction which confines the Inquiry by tl.e- Jury to the particular business in which such cylinders are used, or to tne particular usase to be made thereof, un der such conditions, is erroneous. State ex rel J. J. Wooten vs. w. smth. - Quo Warrants, Public Administrator, City Records, Fublio Officer, constitu tional Law. P A public office-Is an agencyforthe State 'and the person whose duty It is to perform tho agency is a public officer. Thcrefcre, the public administrator la not a holder of a pufciic oftice wiinm tne constitutional prohibition, and an action Jr. the nature of quo warranto win not He agalntt a person holding the oiTlee ot recorder o: a city, and the position of pubii-5 administrator at the same- time. N". 8. Caldwell vs. Southern Railway Company. Railroads, penalty Statutes, "P.rty Ag erleved," "party Intel estcd." In nn action to recover a penalty under Kevleal !M32, for failure of defendant, a railroad company, to tranxport goods within the "ordinary" or "reasonable time." It is Immaterial as to whether the defendant had notice of or was made aware of the facts which gave plaintiff the right to sue, as the "party angriev ed," in the absence of counterclaim or olfset of defendant, against the pers'on who as consignee appears to be the "party interested" under the contract, If the case Is tried and determined In accordance with law so as to protect de fendant from a second recovory upon the same subject matter. ulia A. Davis et at. vs. W. P. Davis et al. Deeds and Conveyance, Feme Coverts, Privy - Examination, Evidence, Set Aside, Notlc.- of Graiuec. In an action to invalidate a deed to lands because. In fact, tho privy exami nation of the feme covert, tho owner and pl.tijitilT, had not been taken, thouitli. ex pressed to have been taken as required In the rorUfliate. of the Justice of the Iace. the -burden Is upon the plaintiff ty clear, cogent and convincing proof, to show that her privy examination ha not been tnken. When. under a nrriicr charge thereon from the Judge, the Jury lias found that such examination was not teken, the verdict will stand, though the grantee may not have been tlxed with notice. . ,..x. ,, .. . . . . -,x. . J. M. Bernhardt vs. J. M. Button. 1. Pleadings, Amendments, Counterclaim, Motion, judgmont. , ' Amendments to pleadings allowed by the trial Judge in his discretion will not le reviewed by the Supreme Court on appeal. The counterclaim of defendant l ot having been denied by plaintiff, it was in the sound discretion of the Judge oeiow to permit piaJntirt to reply for the rurpose of denial, and overrule defen dant s motion for Judgment thereon. wnen sucn is proper. Damages, Verdict, Evidence, Appeal ana ;iror, Kecoru. In the action 4s to recover a certaJn numter of fet of lumber or it vnlu. the verdict of the Jury for the plaintiff will not he disturbed in the abseno? of evidence In the record, ta the contrary: tor in sucn cases cne (supreme court will assume there was evidence to support the verdict. S. Appeal and Error, Objections and Ex cepilong, Kecord, Burden of Proot, Ap- I'fiiani. uuiy 01. An exception to the exclusion of Vvl. dence will not be considered in the Su preme Cotitt unless tho appellant, urwin whom is the burden of proof, makes the relevancy anti purpose appear In the rec era, as mo presumption is sain.sl error in the ruling of tho trial j idge. State vs. Fred Carnion. . ' ' ' Assault and I-atiery. Evidence, Question i or jury, ftiotiv". Evidence Is siiffk-leit to to to the -lurv of an assault nnd battery, that' witness had known defendant for two months; thnt while It was dark when the nss.iut was committed, bo "rot a Klimnso" of iim Just after the plutol was fired (caus- np ine injury), ins? "ne took it to be" he defendant, at that t ime onlv nrtmi feet from him. l!y another witness, ihnt houeh his vision was obscured by the 'ehts of the room lr which hn wn ait. tin from looking out Into the rtiirkn, Bid therefnm almost ImnoKH.ul,. recog-nlxe a person uprn'liie outild,i. li- threw his eyes around' immnriiat.lv -r- ter he heard the pistol shot and saw a person wlam ho "took to be" dfen,bint. who nun a pmtni m nis rutht hand, or somethlncr Pko one. Especlnllv if ihr i. evidence of motlvt for the assault. State vs. K. S Tuttle. ' Indictment, Trespass, MortiJnce, Cancel lation. Ar! indictment of dfferdant psr forcibly I tal.ilnif tho canrellatioti of n m,.H... from the prosecutrix, sufflclnntlv i. a forcible trespass, which f li.-if pa thut thn defendant "unlawfully, violently, forcl Lly. Irjuriously and with a stronir han.l nd threats end curilna. d.'d rotnrw.1 i prosecutrix to sln an or-Wr iiir-tin. the cancellation of a "t.erlfli chn..i trortgsee reartrd, las dncrllid) In the office of the r?(rlster of deeds " iu- nsnult need be. charged in the Indict- The Patnpsvj Ounno Co. vs. The Dowers- . miF ijumner .nmpsny. Deeds. eConveyanc?, Dcwrrlptlon; Bnun- u.firB, rot u. When a Dond has becinw ibnmrui ct.f( continuous use. it acqnlrts a weil diflned boundary, nnd tlre i no pre sumption that such pond, in the rail of a dil, exteniis t the threat of the stream When as one of tho rail r.f d,.,! .( deed extends it t!i thread of the stream to the pond and Kebuken Sw,unV tii pond )ioii;g well known and estiiilished frcin time Imrvmnry, tho rail t.-p at, the boundary of the pend. .d th use of the w-nid "Kehvkce -SwTimp" erri only to In'llcBte what vatcrs flnW mto end mko up the pmd. and thus to lo-ntr J..F. Jenklrs vs. Southern Railway, I'amrick l!n. r0., vs. Southern Rail way Co. 1. Keilroails. Penalty Statutes. Trans portation. Reeronable Time, Efl icoo-, lliirden of lrKf. --Unler Jtviwil Ti the bitrdn of preof Is upon the plaintiff to allow thnt the DON'T fXKK fTtHI Rfmf. , Wlvn you have a Imd roiiKli or cold do not H It drair along until It lxc,m rbronic lirnni-lilthi or drvelups Into an attack of pneumonia, tut jjive It the at tention It dejwrven and get rid of it. Take Chamlw-rlnln' Cough Knieily and jiou ire sure of prompt reiit f. Krnrn a Brrall b-imlng the ei. le anil n of II Is prepars'lon . lias rxt. nH.M to nit pur's ef the V'nited P'aten snd to mny forriti countrte. lis rmir y re,iiarkt.l cim-a of cousin md colds have won fur It tins IJe reputation and extensive h. 6jM WHXIAM FIRTH, Pretv J. S. C0THEAN,;8n,tlM!rn Bepresentaav 405 Triirt foods, were not transported by the de fendant "within a reasonable time." A judgment as of nonsuit upon the evidence thould be allowed when piaintlrf s evi dence tends only to tihow that the time and distance of transportation exceeded iliut as fixed bv the aiutute to be prima (acle reasonable. . J. Same, Penalty Statutes, Construction; Ordinary Time, The language of Revlfsl 2632, that "a failure to tritn-port within such tihw. thall be prima facie unreasonable," ri frs to the reasonableness of tha time therefor, or the "ordinary time," within which the defendant should have trans ported tho goods according t the means or methods it employed tn the proper con duct of Its business. i. Kniiroaia, Penalty. Statutes, Construc tion, "Ordinary Time," Evidence, Pro sumptions. . . ... When the plaintiff socks to recover a penalty of defendant, under Revisnl ?E2, for failure to transport goods within the "ordinary tme," and enly introduce evi dence, tending to show that the distance of transportation was between two Ma tlons more than, one hundrei ami less than two nundred miles, and consumed thirty-thren days, it Is insufficient to g3 to -the Jury. There la no Jopsl presutnp-' tlon either at common law or under the statute lit uch 1 Instance that tho time taken for transportation was unreason able, or more than the "ordinary time" undef existing conditions. - - .. 4 Railroads, Penalty Statutes,' BeVlsal 2632, Issues. " I'pon a trial to rerv;r a penalty for fnilure f the carrier to transport goot'.s within a 'reasonable time, under Kevisal, 8ectlon.2(IS;a two Issues shoidd be sul mitted: 1st, Was the freight Uansportod nd delivered within a reat-oiiable time? id.- In what sum Is the defendant in debted to the plaintiff? State vs. Charles Lord. Records, Justice ot the Peace, ex-OfTiclo, Costs. The cost of the recorder of a city should. In rroper Instances, be taxed agntnst the defendant as a part of the costs upon tho trial in tho Superior Court, when . It is provided by statute that he shall be art ex-offlcio Justice of the peace, and before assuming 'he du ties of his office shall take the oath re quired by law to be taken by Justices of tho peace." (State vs. Joyner, 127 N. C, W2, distin guished). , . . State vs. Reese Wright. L Murder, Evl lonce. Upon the trial under an Indictment for murder In the Superior Court when there Is testimony upon both side as to wheth er or. not the defendant struck the de ccaserl, It Is Immaterial nnd Irrelevant, under tho defendant's contention, ns to decengod's having teztiftcd before the committing magistrate, before his do.-ith. "He did not know who struck him;" and the evidence waa properly excluded by the court be'ow. 2. Appeal nnd Error, Instructions, Judge's Charge, Language of JudRe When done In a respectful manner, it Is not iwerslblo error in the Judge below to rpeak of one of the defendant's witnesses as "the Sulth woman." C. if. Crltcher vs. Junes Watson. - Landlord and Terant. Ihm-, H-ttf;r-menis, I'r-jmlse of l.undlord to V.:y If It can bo done w1thm:l Injury to the freehold, a Jennrt has the riifht to re- move all brttt-rmf-nts anlxed by lilm i thereto. If dono before the explriitlon of , Ihe lease; and the premise of th land lord to ray for them made durinr the coi'llnuanre or tne lens sna tne rosses slon of the tenant tiieieunder, Is not nudum pactum. ,. Slate vs. Riley 11a iris. , L Indictment, Feloniously, Suffielency, Power of Igrislature, Constitutional I .aw. . ' While it lias been hrld that In Indict ments fcr felonies the word "feloniously" must nnnear as descriptive of the offense. the Ixrislature had the right to modify old forms of bills -of Indictment, or to establish new ones, proviued the form es tablished Is sufficient to apprise the de fendant with r?n'nable certainty of the rature of the offense of which he stands charged. 2. Same. . Hevtral, Section 4247, establlshlnst a form for an indlrtmer.t for perjury, that A. B. did unlawfully commit perjury, ftivlrg In addition the court where the trial wns had. the title of Ihe caiiKe, the statement alleged to bo tfilso with pro per averments as to eir.ler. Is a valid exercise of such power, and is In accord with our bill of rltthls, which requires tlibt the di;ferdant He Informed of the iicciiatlon against hlin. ,, X Same. An Indictment Is sufficient when charg ing the defendant witlv unlnwfully com mitting perjury upon the trial of a sie cifled action before a certain Justice of the peace nt a certain time and plae by falsely asserting nn oath, the same hems matt-rlsl te the enquiry when m.i.le, that he did hot turr over to a certain person, named, his account ard statement of tent due him, etc., knnwlnir the said st.ite went to be false, against the form of the statute,'' etc. Ptnte vs. William Jenes. ' Indictment, Petty Misdemeanor. In the Superior Court upon appeal from neonvletlon for a petty misdemeanors In dictment by. grand Jury Is dispensed with. Slate vs. Clyde liowm.in. -' 1 Lynching; IKlslntiire, "Obllvo;i of Offense," Witness Uxuinlne.1, Incrlnil- natlon. rurd-n. legtslallon In "oblivion or ot-llvton of (he offense", srecllled, m Ileal. I to nil In a given rlars. Is vulnl. Therefcre, whea-unJcr Jievlsai ?2KVri sea.. th de fendiint wsa sunimoneil. swixr. and ex amined by and for the Stnte, tnu- lilng an nllcged lynching under liiVoHlRuUim by the- ct-urt. he shall tie nltnuntner pardon ed ot any and all rjorticlpntion therein undr the statul-, rr exlrftin-r l.i', whether the evidence ellilted from linn tends to Incilmlnute him oi not. Hume. Article 3, rVctlon 1 of the emsllttttlon confres tn tho floven'or -tlie power lo txerc.se rle'neiicy after vonvlctlon In Mme particular caw snd In favor of an Individual. or individuals emieelRlly charged with the often". The enercL i f such power Is sn ex-ciitlve act cf u ci'sst juiliclal kind and decs not coi.Cilct ltn, or exclude, tho tiower or iim trt'. tral As.'ml.ly to niss st amnesty act In abolition or otiliylon of tiie otTriiite. i. Appeal and 1 Kiror, State Appeal, When. r The rlalit of nnresl cn :he part of ifle Plate Is lonlln'-d ti coses fpecified In He vicnl. K.i.. Iin 3?f. beirg: On iworclal ir- dU ts, np.:n df-iniirr-.-r. jn motion to qu.ih tit on srrt ttl luditmetit. 4 (Same, llMli n In tjuaeh." What Con rldered. Itcror-i, M.itt.-r llchors. -A motion to ncssh In this etal In prorxr .. rnn e tnmie fcr m!t-rr ne hers the rcord, a:ni such liuttt-rs nmy b averred by i-fc-a. ns In this i-ie. iluly entered and thr-n sapported by preof. In the present rnee th crtr r( the Jti.lge muy be treiled Sb nn order qur.sn li. g thn iiill and the ftpptaJ uph-IU on tl.t grot nil. Here 'once w.is a nis Idea yt ung and gay. Phe'ri la-ich and s'ng tl.e whole long day, n F'r I am so bnppy and well, srid she. Now thut I take llxllmlers Kocky lf'inillii Tea. U. II. Jordan & Co. HOLUSTCR'S Ec'iv L'r-TJdn Tea fli'cl s 8o7 ei'd" tar Buy Pt. Ut Goteea Hut's mt St V(4.'. A foetflo fe-r ro'rtem. In'teeUoa. t.lree n4 liidney tmiM plttiniee. Cisaeaift. Impiiee li.ood. 154 Hree-.k. S;nrsiS Boe.! H(orM cl Psnefa iMtotti Ho-m . d 1 e I a -!-( form. 16 eetxs ei. OeoNine levie tot IioixaTsB Dwo ro4T. MJloo, Ki CaUL4 KUCCLTS FCZ tKLUM fECPLS THE FRAX 79 Milk Street, Boston, Mass. LAME SHOt'IIKlt CCRE1X Lame shouider Is usually caused' ty rheumatism of the muscles nnd quickly yields to a few-applications of ChanitH!r Uln s Pain Balm. Mrs. F. 11. Mcklwee. of Colstown, New HiunMWick, writes: "Having been troubled for some lime with a pain In my left shoulder, 1 decided to give Chamberlain's Pain balm a trial, wltn the result that I Rot promrt Klief." For sale by V. U Hand Co. NORFOLK -& WESTERN RAILWAY- Schedule In eftect Nev. a, 1907. JJ :00 arc. Lv Charlotte, 8o. Ry. Ar pm ' J:a) I'm Lv Winston. N. & V. Ar J.ttt pm 6:WpmLv Martlnr'llle, Lv 11:45 am 7:?8pmAr Roanoke, Lv 9:2) mm Connect at Roauoke via Shenandoah Vslley Route for Hsgerstown. and ell points In Pennsylvania- sod New York. Pullman sleeper Roanoke and i hiludel Ihia. Tlirough coach. Charlotte to tonnpke. Additional train leaves Wlnrtun 7.30 a. m. dally except Sun-Jay.. n If you are thinking of taking a -trip you want quotations, cheapest. fare, re liable ard correct Information, as to routes, train schedules. th3 n"rt com fortable and quickest way. WriU und the Information is yours for the asking, with one of pur complete map folders. M. K. I3RAOU. Trav. Pass. Agent W. B. PEVIIX. Gen'l Pass. Agent, Roanoke, Va, IJXDEll XEW &fe SEUVYN : ELTnOPE.X A.VD AMERrCAV. European. (1.60 per day and up. American, (3.00 per day and up. Cafe open 4:30 a. m. to midnight Prices reasonable. Tho Most Modern and Luxurlat Hotel In the Carolina. 150 EL KG A NT ROOMS. 7a PRIVATE HATUS. Located In the heart of Charlotte, convenient to railroad station, street cars and the business and shopping centra. Caters to high-class commercial and tourist trad. t Table de hot dinners 1:00 to 1:30. Music every evening f :3 EDGAR B. MOORE, Just a Step Beyond the "Southern" Station Location makes this hotel the most convenient one in thlt city, and the manner In which It Is conducted makea it a cosy, comfortable and most inviting place for the" tired .traveler. Splendid cuisine large, light dining rooms and comfortable beds. Care and hospitality are the keynotes of the house. MOTEL GILIZGQ Just trp beyond tb station. Presbyterian College For Women CTLIRLOTTE, X. C y ' Second term begins January 9, 1003. Special rates to new pupils. Rev. J R. Bridges, D. D., President. (INCORPORATED! A fiCIIOOL WITH A m;ptT.vnox I-OIC DOIXO 'HIGH-GRADE work. One of the best equipped schools In the South. THE LARGEST, THH BEST. The strongest faculty. More graduates In positions than all other schools In the State. Uook-ker ping. Shorthand, Telegraphy and English. Write for handsome catalogue. AdJress KING'S IU'KINi:ss COLLEGE, Cliarlotte, X. C, or Raleigh, X. c. . . ; 'LOOAL The best, the 'cheapest, the cleanest is y ' "Standard Ask for it Standard ice & CHOICE CUT FLOWERS Here we are again, with ererythlng In the way of Cut Flowera, . The choicest aelectloa of Cut rtowera. The best erylca. T lowest prlcea consrent with quality. Just a word about our I ' ( j 1'anrr Carnations, Rose, IJly of the) Talley and VioIrU. They ar tha Hew Tork kind. The best ever.Don't fall to secure some of them. 1 DILWORTII FLORAL GAuDEr.'S, XV. C. Mcriiee, Prop. Tbonei: Night call K B. cc. :ix3, 1 . ' rr ltldg, CHAHLOTTII, 1". C. CURES COLDS and GHIPP ,( Hemsve i " th Cai'is. Believes the aches and feverWincsi Contakio Ma Acetanllld Roses, Caiuations Violet, Sweet Peas, Lily of .tho Val ley." ; '. Nice Pot Plants, Roman Hyacinth and Narcissus, at 25 and 50 cents. ' Give us a trial. "r Scholtz, The Florist LXAGEMENT - . Proprieior. cnux-vsuoRO, x. a GOAL y Blue next time vy vy v vy y vy fuel Company THONE 19 y Clia; C III; buslne.j fQj.
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 13, 1908, edition 1
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