Newspapers / The Charlotte Observer (Charlotte, … / March 30, 1909, edition 1 / Page 8
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8 CHARLOTTE, DAILY OBSERVED, TUESDAY, MAJltil 5D, 1909. SUPREME COURT OPINIONS Table Rock Lumber Company; et al. vs. Andrew Branch. t Evidence, Deeds and Conveyances, Deeds from . Deceased , Persons, Ante-Utem - Uo'tm. ' Wfcen to establish a disputed corner of land a deed from a deceased person U offered In evidence as a declaration tend ing to establish it. it is Incompetent if Ui deceased was not a disinterested person at the Uitn he made the deed or if It was . not made anie-literi mown (The re qulaites of yuch evidence disciked Ij' Waiter, J.). Action tried fore Ferguson. J . and a j Jury, August term, lvns uf lijrke Oolumbus Usyloid, ttl vs. Sairi via) - lord and Wife. 1. Deeds and Conveyances Trusts, Delivery, Intent. l.'fces 1'aiol and E 1- dence. Fan ies. "Wfcen a deed recites a valuable con 'slderauon pe.id.4 comimtrd a tiaben li,m "to nave and In hold "free and clear uf the la -id comejed riMienvb." etc. to the grantee and inn (ielis m fee Mm pie," and has full .-o'.enar.tn of seizure no warranty, anj .u outer resects gives Clear moicattun ui.u an uoso.ute estato was intended to pa evidence lending to allow a failure of cohaidei at ion is in competent in an action to establish a re sulting trunl between the original parties iu mvui ui me Kiaiu.ji. ici sum can nr - er obtain when there U a contrary intent nearly eipre-sed in the deed. Z. Hams. English M.i.ute of Frauds. The seventh section of the English Statute of Frauds, which forbids the cre ation of parol trusts or confidences of land, etc., unless manifested and proveu by ,some writing, not having been enact ed here, and there being, no statute with us of equivalent import, such trusts have a recognized place In our Jurisprudence; but they cannot tie set up or engrafted in favor of the grantor upon a written deed conveying to the grantee the abso lute title to lands, and giving clear in dication on the face of the Instrument that such a title was Intended to pass. 1 Deeds and Conveyances, Uses and Trusts. Written Instrument, Parol Evi dence. Incompetency. The doctrine of engrafting by parol a trust upon Isnds conveyed by deed is subordinated to a well recognized prin ciple of law, that such a trust cannot be established between the parties In favor of a grantor in a deed, when the effect will be to contradict or change by con temporaneous stipulations and agree ments, resting In parol, the written con tract clearly and fully expressed In order to the valid delivery of a deed absolute or by way of escrow, it is essential that the Instrument should pass from the possession and control of the grantor to that of the grantee or some one for him, with the Intent at the time that the same should become effec tive ss a conveyance lmmedlately In the one case and as the happening of a giv en event in the other. The intent referred to snd required fori a valid delivery is not conclusively es tablished by the manual or physical passing of the deed from the grantor to the grantee or some on for him. and If It, Is shown by the proof that, notwith standing this physical delivery, tt was th understanding and Intent of the par ties st the time that the grantee should hold the detd'merely asa depository and subject to the control and csll of the grantor. In that event, there would be no valid delivery and the title to the prop erty would not pass. .' Deeds and Conveyances. Delivery. In tent. Ojntrsct. Ex Mallflcio The maxim ex maleftolo non oritur con traotus does not obtain when no right Is asserted by reason of such a contract, ewi when the right otherwise eilsls; and hence. It Is competent for a party having title to show that a deed had not In law been delivered, under wich the adverse party In possession seeks to establish a right growing! out of a fraudulent trans action. State va. Thad Cale. J. Pleas, Fcrmer Conviction, Nature of Action, "Not Oullty." Joinder of Ac - j tlon, Agreement. ; The plea of former conviction is not trated In many rtsrects aa one involving i the substantial question of guilt or in nocence, but as one approaching more nearly the determination of a civil issue, and such ploa with that of not guilty may, upen agreement of parties, be de termined before one and tlw lame Jury. S. ProcesK Defective. Wrrrant. Airest, Seclal Officer, Appointment Of. Waiv er, Jurisdiction. Judgment Valid. Detective process by reason of a war- rant of arrest not being slgaied, or the!a deputation of a special officer not being Signed, or the deputation of a splal of ficer not being In writing (Revlsal, Sees J15t-93S may be waived hy the appear ance of the prisoner hefore a court hav ing Jurisdiction which decides the case; and whatever rnns be the rights of the f defendant .igainM the officers making the arrest. the validity not therebv affected of the Judgment is S Judssncnts Coll ision. What Is Not. Validity of Trial I'b-as Former Con- v"'ion A conviction in-fore u justice of the '"are is not objectionable upon the s-round that It i collusive, and not ad versary. whet, it appears that the de fendant infotn.e.i tie mufcistiHte that he l.ad hrtd tisht. end would have to suffer f .r it tl.iit f. requested him to set u time for trial oi ven int to lis orrt. ti.jit KfTj'iHvit w h .n.ole at the Justice's install' e by a ti.lrj party, tev etal c i- wltiie-.-se- v.-ie summoned and examinee: hi ti..- trial, and the assaulted party dr:.! brothers, w ho were eye wittiesse. i. not :h.ed of the time and 1'1 t o' s-P'-a'. th'tugh waited for. .' tl ali.i.M f this trial will l.e upheld. H ard the pica -f f-.tn,er conviction of the!1- t .I.T.. : n .fit s-usta ne.: (Stat.- vs Moore, c;i'd and dieting il.-hcd). ' , In re Vffi of Martha Hedgepelh' J. Wills. Lost oi Ix-stroyed. Probate Comn.on l-'otni. Jurisdiction. The clerk "f t! Superior Court has Jurisdiction to take probate of a lost will, v OT Of ore s-h!-!. was not destroyed by -. tl.A tea'ai..,' or u o 4cf'.. n.l I... . Whan not having ti.e animo revocandl. ; SBd an action in the uaiure of a bill In . equity to set up the will is unnecessary, i-1 Same, Contents, Kvldence, One Wit - nass. It is necessary to th probate of a will before the cleik in common form to show Its xecution was in the manner prescrlb- 4 by Statute. Rrvisal Sec. 3115, but its . contents may be proven by the clear and 4 eatlsf sctory testimony of one witness. ' . Will. Jjost or Destroyed, Proate. Evidence, Sufficient. ." It I sufficient for the probate of a will In common form before the clerk when It Is shown, by affidavits, that It was prop erty executed and attested, the death of the testator; the contents, and that person. Other than the testator, with whom it was last seen, had destroyed It. 4. Wills, Probate, Comrr.tm Form. Caveat. , Right of Party in interest. Laches. - - A person interested Is entitled to Sle a caveat to a wilt probated In common for .n. and require the propounder te prove the will In solemn form, if the right has not been Uiet by acquiescence or unreasonable delay. Revlsal, 8ec. tm Pale Delicate Women and CilHs. The Old Standard GROVE'S TA6TJ5 Z,ESS CHILL. TONIC, drive out malaria and builds up the system. Tor grown people and children, S6c as to .whether laches can be imputed without notice of probate In commoa forrttj Quaere. . Same, Reasonable Delay. A reasonable time which will bar the next of kin or heir at law to Ale a caveat to a will prooated in commun form has not been settled by the court; but ' 11. at of seven years fixed by the acts of 1. Oh. f3. passed subsequently to tho I rotate in this ua?j Is applicable. 6. Wills. Lust or Destroyed. Irobate. Sclenm Form. Proof Required, Pro pounder, feuiden of Proof. I'pon the filing of a caveat to a will I I oiinie.l In common form, the propound er must pn ve the wilt per testes in solemn form, and the burden la upon t.lm to show: (1) The formal execution as Im escribed b statute. (?) The contents If t!.e oriftinai was not produced. (3) The kts of IliB original will, or that It had nt been destroyed by the testator, or th his eonsmt. or procurement. 7 Shik, Presumption of Revocation, Evidence Wliln the fjroDOllnder. tn estahllMh a iw, , common form ao not produce orietnal. ur wnen tt is not tn n Ifrimd, there Is a presumption of fact II. at It was destroyed by the testator , anlmo revocandl. which will have to be overcome try competent evidence; and affidavits admitted before the clerk when the will was admitted to probate in com mon form are Incompetent. Action tried before Ward," J., and a j jury Xash December special term, 1SW7, of Mollis M. Willis vs. J. G. White and Company. 1 Railroads. Construction, Improper Drainage, Independent Constructor, Negligence. When one who has contracted to con struct a road bed and track for a rail road company according to plans furnish ed by fie civil engineer of the company, enters upon the lands of the owner for that purpose., both he and the railroad, company are responsible In damages for his negligent failure to use all reasonable efforts to protect the land and crops growing thereon from Injury caused by the construction. i Kailrosds. Construction. Improper Drainage. Negligence, Measure "f Damaxeu The measure of damages to land by "souring and sogglng" caused by Improp er diainage oi' a road bed constructed by a railroad company on lt ngfit of way thereon. Is the difference in the value of the land With the road bed as It Is now. and such value had It been skilfully and properly constructed. S. Railroads, Construction, Improper Drainage. Negligence. Independent Contractor. Completion of Work. Lia bility. t An independent contractor who kas cui.stiucU-d a road bed and tract for a rtvtlroad tompeny on Its right of way in accordance aitti the plans and speflca tlotis of the civil engineer of the com pany, Is not liable to the owner of the land for damages to the land from tm proper drainsge which accrued after the completion of the work and delivery to tl.e railroad company, i 4. Same. Permanent Damages. Permanent damages to Isnd cannot be recovered of an Independent contractor who ha constructed a road bed and road for a railroad company on Its easement over the lands of another according, to the plans snd specifications of the com pany's civil engineer, his authority ceas ing therein when the work Is turned over to snd sccefrtad by the company. 5 Msrrled Women. Damages to land. Joinder of Hus-band, Parties. A married woman may maintain sn se ll' n to recover damages tn her land caus ed by the Improper construction of a road bed and road on a railroad com pany's right of way thereon without joining her husband therein. Action tried before O H. Allen, J , and a Jury, October term. 1S08, of Craven. State vs Dannenhurg. 1 Intoxicating Liquors. Sale Prohibited. Town Ordinance. Non-Intoxicants, charter Powers A twn ordinance prohibiting the sale 0f a drink for which a license Is required by the United States statutes is Invalid. W)ien the power to enact such an or- dlrianc it Is not conferred hy Its charter. 2. Same. A town ordinance V void which pro hibits the sale of tion-lntoxicatlng. drinks when there Is no power to pass such an ordinance given In Its charter. 3 Intoxicating Liquors. Sale Prohibited. Town Ordinance, General Statutes, Variances. Where the sale of Intoxicating drinks prohibited hy legislative enactment which makes It an Indictable offense. town ordinance covering the same sub ject matter Is void. 4. Intoxicating Liquors, Town Ordinan ces. Sale Prohibited, General Law. license Kxcept In speclal'y prohibited territory the sale of spirituous, vinous or malt liquors was licensed in this State up tn HSA. and the character of license nequlr- ed In incorporated towns specified, with penalties for vlolatton Hence, a town ordinance then prohibiting the sale of such drink made without any charter provision authorising It. Is void. Polh' Powers. Cities and Towns, Municipal Corporations. Charter Pow er. Municipal corporations can only exer j else such police power as are granted by ; their charters, and all fair reasonable doubts as to whether such powers have been so conferred, are resolved by the coutts osainst their being exercised. Action heard before O H. Allen. J.. and a. Jury, fall ter n. 190$. of Cartaret. - c Hridgers vs. U L. Staton, et al. Corporations,. Stockholders, Pooling Stock. Agreement Void. An agreement for the purpose of pool- ing stock in a corporation to control or apportion the dlrectrs Is void, and no rights can be acquired thereunder by the parties. ; Corporations, Stockholders, Pooling Slock. Agreement to Vote, Proxy, limi tations of Power. A written agreement assigning stock in a correlation with authority to vote, 1 reset ving to the assignors, who retain ; pcssension, the right to all dividends; amounts only to a proxy (Revlsal. Sec. 11S51 and, after the expiration of three i years, it cannot be voted, Revlsal, Sec, 11M. . 1 Corporations, Stockholders, Voting Cumulative. Officers, Adjournment. The tight to cumulative voting by Re- i rival. Sec; 331 (3) is with the proviso that the minority stockholders openly announce that they will exercise such rights, when it appears that one person owns or controls more than one-fourth ' of the capital stock, and It cannot be exercised when only one proposition oted upon or on a motion to adjourn. tThe principles' and effect of cumulative voting discussed by Clark. C. J.). 4. Corporations. Stockholders, Illegal Voting, Adjournment. Majority Vote, No Quorum. When a motion to adjourn a stock holders' meeting has been carried, and a sufficient nwmber hare withdrawn to reduce the number of those present be low a majority of all the stock Issued and outstanding, RVvlsal. Sec 113. aa election of officers cannot be lawfully bold thereafter at that meeting though the adjournment were catried by aa Il legal vote. I. Corporations. Stockholders, - Illegal Voting, Adjournment, Status of Meet ing, Result, Power of -00011. . The ipourt can only declara the true re sult of a vote by the stockholders as ta seme measure or the election of officers, illegally announced after a vote thereon because of the Illegal admission or re jection o; certain votes: but as to an adjourned meeting to be held, stockhold ers not represented at the first meeting, and new tvckholders. are entitled to vote, and h.-nce the legal status, as to the adjourned meeting cannot be estab lished Until that meeting and the vote taken, and ho injunction cannot Issue against certain stockholders voting at such meetin. 8. Corporation.- Stock holders. Meeting, Adjournment. Ordered by Court. A luandamu." -sought under the provis ions of Revl.v.,1 Sec. 11SS and 1189, will not Issue to mmpel the reconvening of the stockholder - for the election of df reetors because ..f an illegal adjourn ment to a certain date hy unlawful vot ing of stock. .n that date has passed. The provisions .f section 1 188 should be followed, requlnr.il that, upon tiie failure of tlie directors f .r thirty days to call a stockholders' roeeimg for the purpose, after a written ie.iuest from the, owners of one-tenth of tlx outstanding shares of stock, the Judge nay on spoliation of a stockholder and or. notice to the direc tors, order an election, etc. 7. Same. Quorum How Ascertained. Notice to Stockholders. A meeting of the stockholders of a cor poration ordered upon spplicatlon by the Juage In accordance with the provisions of Revlsal, Sec. 1188 must be composed of :t majority of shares held twenty days before such meeting, as It appears from the stock book, or. In case of discrep ancy, the transfer book of the corpora tion. The notice of audi call by custom, and by analogy to Revlsal. Sec. 1190, shold be mailed to all stockholders whose address Is known. 8. Parties. Defective, Procedure. De murrer Objection for defect of parties must be maoe by demurrer, or answer, otherwise It Is waived. Action from Edgjecombe count v. heard upon pleadings and affidavits hpore W. R Allen. J . 30 November. 1S08. Plaintiff appealed. D D Wagoner vs. Atlantic Coast Line Railroad Company. The fads on this appeal being practical !y the same as on a former appeal In the same case, and the trisj Judge having followed the decision formerly rendered, the judgment Is afTlrmed. Action tried before W. R Allen, J . and a Jury. November term. 19u8. of Kdgecombe. tn recover damaaes alleged to have been caused by defendant's negligence. Defendant appealed. State va Elkany Hathaway. 1. I-arceny. Conviction. Evidence Insuf ficient. Indictment for larceny of fish from a fish slide The evidence for the Stale leaded to prove that the owner of a fish slide gave permission to defendant to fish the illde until repaired and that such permission had not been levoked. Held Brror to refuse an instruction that there was no evidence or reionious unem and that the Jury should acquit. ODDITIKS IN THE DAY'S XFAVS. Batavia, O., March 29. Because he spat with "premeditation and malice" on the white dress of Edith Shockey. aged M at a lawn party in this coun ty In 1 907. Lewis P Felter. a wealthy farmer, will have to pay her $3,000 damages, according to a verdict re turned last night hy a Jury in the Common Picas Court. Cumberland, Md . March 29. Hav ing become infected from a kias be stowed by request on a patient dyin of blood poisoning, Miss Marion C Spier, a trained nurse, died here last night. Miss Spier nursed Mrs. Vir ginia -t allan Cmrder, wife of Dr. George L. Carder, a prominent society woman at the Alleghany Hospital, and was so kind to the sick woman that the latter Hsked her to klas her as she was dying. The request was granted and In a few days Miss Splflr was stricken with the same malady. Constantinople. March 29. Abul Hilda, an Arab astrologer In whom the Sultan had great confidence, la dead. Huda was the first court of ficial to support the hew constitution. In spite of which he was dismissed from office and sent to the Island of Prlnklpo. where he died. Montgomery, Ala.. March 29. Re markable honors were paid here yes-J te-rday to the memory of Bob Ciood wln, a negro hero who ,is drowned in the Alabama river Marrh 11. while trying to rescue two white men. The white men drowned with him. The body of Qoodwln was found yester day. Hundreds of white persons men. women and children- took part in the funeral services and eight cadets of a military high school served as pall-bearers. The procession to the grave In cluded the carriages of many promin ent white persons of Montgomery. The expenses were paid by K. W. BHas. a railroad passenger agent whom Qoodwln saved from drowning several Inontha ago. For this act the school children of Montgomery gave the negro a gold medal. Seeking Sparta nbnrjr PostniasteTshlp. Special to The Observer. Spartanburg, 8. C. March 29. The question of the people of this city is, "Who will be appointed postmaster to succeed Cl. S. T. Polnler, who died Saturday night?'" There are only two pronounced candidates thus far W. M. Floyd, brother of Mayor J. F. Floyd, and O. L Pace, who for ten years has been money-order clerk In the poatofflce. W. R. Dillingham. Charles H. Henry and J. A. Crews are also mentioned aa possible appli cants. Applications will be filed with in the next few days and those who will be candidates for thfe office may make a call on the powers In Wash ington in person. Anderson Wants a Visit From the ITesldmt. Special to The Observer. Anderson, S. C, March 2. Mayor J. L. Sherard and Editor Carpenter, of The Daily Mail, go to Washington to-morrow to invite President Taft here when he comes to Charlotte on the 20th of May, or at such other time ar. may suit The committee was sent by the chamber of commerce. Catarrh Cc-ld In Bead. Hay Fever, rapidly de fects the mucous membrane of the throat and leads ta graver compli cations unless promptly attended to. We recommend King's . Sarsapaiilla Internally to purify the blood, and direct treatment with Dr. King's Ca tarrh Remedy (a douche comes with each bottle). It gains a . foothold from which It as hard lo dislodge. With, treatment of these -two medi cines any ordinary' case will yield quickly tha very - worst cases l will be greatly relieved. v The price, fi t: three for l.t. and guaranteed.) HIS COXDl'CT tNETHJCAJU South Carolina Physician -Oiled Down Kor JoJicittof BatOiteai Throagh Nenwpsipetrs AdvrUiienb dlrmcc- fully Abandon His tk-beme. ... Special to. The Obaerver, - ; ' ' Yorkville. a C, March. 2, -An ad vertisement, occupying about , three rburtha of a column apace, announcing that specialist representing the Cleve land Institute of Medicine and' Surg ery, legally chartered and incorporat ed at Cleveland, p., would visit York ville and be at the ghandon Hotel to-day, an for one day onfy. ap peared in The Yorkville EncraJrer of March 23 and 2. It invited sulsjirers from diseases of the nervous aygtem, heart, lungs, kidney, stomach and kindred troubles, and not under the enrv of a regular practicing physician, to call and have a free diagnosis made of their ailments. From a. m. to : 3 b p. m., were mentiohed as office hours. At an early hotir men and women commenced to arrive anj by o'clock not leaa -than fifty persona who had come for the sole purpose of consulting the representative of the inttitute, were In town. In order to cojnply with the law made and provide1, one of the- physi cians, Dr. William B. Smith, of Dillon, 8. C, visited the office of the clerk of court, presented what he conaMer ed ample evidence that he -wag Dr. William B. Smith, of Dillon, S. C, tendered 25 cents, the prescribed fee, and asked to be registered as a regu larly licensed physician of this State and entitled to practice In York county. The clerk stated that it would be necessary for the applicant to be identified by a physician of the town. Dr. Smith suggested Dr. R. A. Brat Ion, and was advised that Dr. Brat ton's Identification would be satisfac tory. Dr. Bratton was sent for and on arrival Identified Dr. Smith as being th.- genuine article, but advised him that he had been guilty of unethical cci auct in that his coming had been announced In a newspaper advertise ment, contrary to the tallages of the profession, and that If he undertook to carry out the plans set forth in the ad ertlsement his license to practice In the State would undoubtedly be re voked by the State medical board. Dr Smith surrendered without tiring a gum, and In view of the fact that the phjflclan who accompanied hltn here wa not licensed by thh) but by New York State, he cpuld do nothing ex cept In connection with Dr. SmVh. STOIIK-RRTIAKKRS JAIL-KD. Two HesKomer City Young Men Iock ed I'p at Uaffnry, 8. C, on Serious CI large. Special to The Observer. Gaffney, 8. C, March 2 9. Con stable J. H. Allison, of Blacksburg, brought two young men named Fletcher Tate and Roland Tate to Gaffney this morning- and committed them to Jail. They are charged with breaking into the store of Fowles Bros, at iilasksburg on Sunday morn ing about 3 o'clock. Chief Duncan's attention was attracted by a man who was standing In front of the store and upon Investigation found a man In side helping htmeelf to the goods In the store. He had laid aside a suit of clothes and some other articles when the chief nabbed him. They had effected entrance by breaking a glass on the front of the building. Both young men are neat and clean looking, and appear to be about 20 years of age. They claim to be from Bessemer- City, N. C. Department Official Iiisix-cts GatCney, S. C, Dairies. Special to The Observer. Gaffney. B. C. March 29. Mr. R H. Mason, of the United States De partment of Agriculture, who is lo cated at Clemson College, spent Sat urday at the Bellevlew Dairies with Mr. C. C. Biffgerstaff. Mr. Mason vis its dairies throughout thvState and advises how to conduct tVffBi on the sioat scientific and econonrfial lines. makes suggestions as to proper food, erection of buildings, etc. Mr. Bfg gerstaff says that he obtained a lot of valuable Information froyi the vis it of this official and would advise others In his line of business to con fer with him. Arrested For Cruelty to Birds. Sjseclal to The Observer. Greenville, S. C, Mareh 2 9. A war rant was sworn out to-day for the ar rest of the members of the firm of tlobbs-Henderson Company, one of the leading clothing and dry goods sjores of the city. The firm Is charged wth mutilating birds. At the open Ink of a big sale on Saturday chickens, anpund which were tied tickets call Ink for suits of clothes, were thrown frdm the top of the store to the street, a bin t forty fet below. In the scram ble! for the fowls they were horribly mutilated, It Is alleged. The warrant wasi sworn out by the local Society forfhe Prevention of Cruelty to Ani mals. The case was compromised. 1 Mlmipnary Workers Vlsitvd Thomaa- vllle orphanage. Special to The Observer. Thdmasvllle, March 29. Friday aboutlthree hundred ladles who had been kttendlng the Baptist Slate missionary meeting at High Point came to Thomasville and spent the day vliltlng the Thomasville Baptist Orphatkge. The whole town wel comed them . and appreciated their visit. Here's hoping that they will every one come again and stay longer next tl: Refuses to DIscuns Insurance Com missioner's Letter. Special tolTbe Observer. FayetteVills, March it. When ask ed to-dayifor a statement in regard to the recttit letter of Insurance Com missioner McMaater, of South Caro lina, In wtfch he makes severs stric tures uponpfeasrs. C 3. Cooper, man ager, and I. W. Lacy, vice president snd actuart of the Southern Life In surance Com pany, Mr. Cooper replied that ha would answer the letter in the proper manier at the proper time. WlnstanlBoy Stabs Another. , Special to Thi Observer. Winston-Salem, March 11,-ln t mix-up to-dai Amos Flynn, aged IS, tabbed Moorfey Langford, another white boy a bolt the' same age. In the right temple. IThe wound is an ugly on and Langfbrd may die. Flynn Ui In jail to awaitVesulta. Langford was carried to the Inapitat. - ' Delietoa Olsgerkreal. " Children are ireat lover of ginger bread, and growl f oik, too, if it is of the rich "melt-inthe-rnouth'' kind; The folio wing recipe fcy the famous ilrl Mary J. lincofn, commended to those who delight in thfl delkac7: ' MIX two CUDS Vloul ema-h&lf level teaspoon salt, one! level teaspoon soda, one level tablespoi ginger; stir In one cup molasses, two tablespoons softened i,oitoin ana oiv-half cup boiling water. Bake In shakow pan. If for des sert, bake tn layers! Fill with whipped cream, flavored withllemon. The little ones fan eat this f reelj Lard is indiecttiblei but Cnttnlene. tits perfect Shortening. Intake - food that ree wvJx the moil Jelicat itomachj. CIJi5f:KZHA!QUiCKlY Jiew Discovery Hag ' Ttevoln lionised --i. uiemeataieut of JSkiu Disease Nothing in the hlatorv of medicine hag ever approached the success of the marvelous skin remedy known aa poalam, -which, it is safe to say, has cured more cases of eczema and skin diseases than anr remedy ever of fered for these ilia. , - The success of poslam is not at all surprising when it is considered that even a very small quantity applied to the akin stops itching Immediately ana cures chronic cases in two weeks. The very worst cases of csema, aa well as acne, herpes, tetter, - piles. sail rneum, rasn, . crusted humors, scaly scalp and every form of itch, yield to it readily, v Blemishes such aa pimples, red noses, muddy' and In flamed skin disappear almost tm mediately when poslam is applied. tne complexion being cleared over night. Every druggist keeps both the 60- cent sise (for minor troubles) and the tl Jar, and cither of 'these may be obtained In Charlotte at R. H Jordan tc Co.'; as well as at other reliable drug stores. But no one Is even asked to nur chase poslam without first obtaining an experimental package, which, will be sent by mail, free of charge, upon request, by the Emergency Labora tories, 3 2 West Twenty-fifth street. New York City. nvoiocnox vt nest boijhxg. ISIrds Make Changes and Improve ments According to Circumstances. Chicago Trlbunt. The' evolution of birds' nests begins with those birds that f do not build any nests but simply deposit their eggs in the bare ground. Then come those which' make rudimentary pre parations for the reception of their eggf,, and Anally those which construe neets so remarkable as to rival the products of the weaver's art. In these the work of construction requires superlative activity and per severance. The beak and claws are used as veritable tools. The nests are designed not only to provide shel ter for the young, as birds sometimes build them for mere recreation and alao as habitations during the winter season. In Australia ehe Chlamydera, mac uluta have pleasure nests. They fre quent the brush which surrounds the plains and construct their nests with amazing skill, supporting the frame work by a foundation of stones, and transporting from the banks of streams and water courses at a con siderable distance the numerous or namental objects which they dispose at the entrance of the nest. There is no doubt in the mind of Professor Arlstides Mestre that birds modify anc improve their nests both as to form and material when clrcumsjtnces have arisen which require such a change. Many years ago Poudrat gathered swallows' neets from the window sills and had them placed In the collec tion of the Natural History Museum at Rouen. Forty years laiter he GO-t.ght for similar nests and was as tonished to find that the newly col lected nests showed a real change in theii form and arrangement. These nests were from a new quarter of the city and showed a mixture of the old and new types. Of the forms describ ed by naturalists of earlier periods he found no trace. For Poudrat the new type of construction marked a dis tinct advance. The new nests were better adapted to the needs of the young brood and protected them bet- tpr from their enemies and from cold or Inclement weather. In Cuba there are nests made alto gether of palm fibres, marveloualy in tertwined and attached close to the tufte of the palms or under the clus ters of bananas or mangoes. This nest Is built both by the male and fe male bird. They perforate tie small leaves of the palm and pass threads through the holes so as to form a species of rope, by which the nest is suspended. It has been said that an old bird- and a young bird build the nest together. This shows the exist ence of a kind of apprenticeship, which constitutes an additional argu ment against the theory that blind irstlnct animates the birda in building their neats. Noah's Ark Parties Funny, New York Press. It was thought the would come! "Noah's Ark" party is one of the- latest fads In which Paris has Indulged. The guests filed In two by two," say a witness of such an affair, "and as no indications had been given as to how the characters were to be carried out, the result was a great success. The animals gave vent in speech to the sounds allotted to thorn by nature, and the ballroom was noisy with the Hon s roar, the barking of dogs, the cooing of doves and so on. Certain of the women tried to make their im personations petty and coquettish effects being most attractive, yet Im mensely funny, while the men, on the other hand, made their characters as grotesque aa possible.1 Lexington Minister Goes to Richmond. Special to Tho Observer.. Lexington, March J9. Rev. Joseph Watts, of the First Baptist church preached an eloquent farewell sermon to a crowded house last night During his pastorate here he has greatly en deared himself to his congregationand the entire town. He goes to Rich mond, Va., this week to enter upon his new work as Sunday school secretary of the Baptist Sunday School Board of Virginia. ; HAPPY RESULTS bare Made Many CharkrtUs Residents Enthusiastic. , -" No wonder scores of Chrlo citl- xena grow enthusiastic. , i encnigu to make, any one happy to- find re Haf after years of suffering, v Public statements liks the flowing are but truthful representaffbns of the dally work done In ..Charjott by t Doan't Kidney Pills., " ". ' ; TV F. Farles, South B. St Char lotte, N. C says: "I feel very grate- lUl I Or Tne oeoen i tun -irgin Doan's Kidney Pills and ; endorse th-em as an efficient remedy for any trouble arising from inactive-- - kidneys- For over . a. year my kidneys ware disordered and by their failure to remove the win. poison from my svstem. made- me miserable. -1 . suf fered a great deal from pains through! the small of my back and at times was quit -unfit for work. Bearing Doan's Kidney Pills highly recom mended for such troubles, I obtained a supply at R. H. Jordan & Co. 'a drug store and I had taken - them only a short time whan my trouble was entirely disposoavof.' For sals by alt dealers. Price is cents. Foster-Mllbnm Co.. Buffalo, New Tork, sole, agents for the United States. -:v- .--v - -v v Remember the name Doan's nd tAkt 0tb4X, JpUMPS are popular ljut. "Queen Quality pumps are the moat popular. The new ankle strap patterns fit like a glove and will not slip at the heel. If a a pump that you ac tually walk in, not walk out oL Other styles just as well fitting at $2.50, $3.00 and $3.50, ' BELK BROS. Sole Agents. PRUDENCE says buy to-day a bottle jpt Gowan's Preparation and be prepared for croup, colds, coughs, pneumonia, soreness In throat, muscles. External, pains, lungs, pene- trates, gives Instant rellef. At druggists. 25c to $1.00. We will ship yen Fruk Beet Direct (ram Brewery. A tebsta at U on pa dec as all bocaV named. BEERS. iim- tin. 10. Iram jn.$3 60 19.40 9.00 Hsoa rab, 5 60 5.40 9 00 UBHSNa, J.OU 9.40 V.00 TEMPERANCE BEVERAGES. HIOHtr NUTRITIOUS. 4 dec 6 dot. 10 do. Rhaalw. 3. 60 15.40 900 SoaWc 3.60 $.40 9M J. & E. MAHOMET, Brewers and Distillers, PORTSMOUTH, VA. mm SK i through the critical, ordeal with safety. No woman who uses Mother's Friend need fear the suffering incident to birth; for it robs the ordeal of its dread and insures safety to life of mother and child,. leaving her m a condition more favorable to speedy re leaving ner in a conainonvr i i , . j.v covery. The child is also healthy, stronz and eoodlL UUlureu. bl Inf ormsUoa will tx seat f tee by writing to ' BRADF1KLD REGULATOR CO. Atlanta. 6a. NEEDS Stomach sickness, such as sour atom ach, belching, "heartburn," etc., is caus ed by improperly digested food -that meaning indigestion. And there isn't anything any better for indigestion than Kodol. Kodol readily prevents any -digestive disorders, by promptly digest ing au looa eaten no matter what kind, nor when, nor where. And When food is thus digested for the stomach reliev ing it of its work for a time the stom ach speedily regains healthy, natural strength. .Then it can do its awa work AMi WOOL SriTS MADE r TO MEASCRB GOOD FIT AVD - CNIOX WORK :'U GUARANTEED raereissG Ik General Fire Extinguisher Company Has removed its city office -v lege street to ' V . Rooms 07-803 Realty Building. , CENTURY PAINT IS GOOD PAINT Torr encc Paint Co. 10 NORTH TRYOX. SCREENS a Flies and Mosquitoes on the Outside. , SMALL COST.... ). Ii. WEARN & CO. Mantel Manufacturers, Write for catalogue. And many other painful and distressing ailments From which most mothers suffer, can re avoided by using Mather's Friend. This rem edy is 4 God-send to expect ant mothers, carryine them mm iimvUiMJa flntil yon abuse it again. Of eoursa, , it Is much better to keep the stomach healthy i but if you have not dons thla and there is something wrong with your gtomacli try KodoE The results wiil surprise you. . ' . Our Quimii&iVu you are not benefited the- druggist will . at once return your money. Don't hesi tate: any dntgvist will sell you Kodol on these terms. The dollar, bottle contains i times ats much ss the too bottle. Kodol Is Tre pared In the laboratories ef E. C DeWltt Co., Chicago. . . . OR DEPOSIT . BACK., ' tTOTED WOOLEN MTXXS 205 Tryon St., Charlotte, S. C from No. 216-218 South Col- st i 4a si'
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 30, 1909, edition 1
8
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