2
The Silver Dollar.
They talk about “sound money/’ and they
sigh and preach and sing;
Bnt the “soundest” of all money is the
dollar with a ring!
The dollar that is brighter than silver sun
shine’s gleam:
With a jingle that is sweeter than "the
music of a dream!”
“Jingle, jingle!” So it goes!
’Tis a solace for our woes,
And it makes a fellow happy,
While its rhythmic music nows.
They talk about “sound money,” but the
soundest note of all
Is the tintinnabulation in a silver dollar’s
fall!
How it gives the world its color! how it
makes the winter spring!
And the whole creation dances to a diver
dollar's ring!
“Jingle, jingle!” So it goes!
'Tis a solace for our woes,
And the winds grow sweet with music
And the world with honey flows!
They talk about “sound money.” Let the
silver dollars chime,
And the whole world will go singing
“down the corridors of time!”
They gleam with noonday splendor; they
are suns serene and bright,
They make splendid every morning, and.
they glorify the night!
“Jingle, jingle!” So it goes!
How the silver soothes "our woes!
The world rolls round in music,
And we triumph o’er our foes!”
SUPREME COURT DECISIONS.
A Digest of the Opinions Handed Down
During the Past Week.
Reported by Perrin Busbee, Esq., of the
Raleigh Bar.
A. D. Webster (appellant) vs. J. P.
Sharpe, from Alamance county. Opin
ion by Furches, J.
A summons “issues” when it goes out
of the hands of the clerk, expressed or
implied, to be delivered to the sheriff
for service: as if the clerk delivers it to
the sheriff, or to the plaintiff or some
one else to be delivered by him to the
sheriff, or by his implied consent it is
filled out by the attorney of the plain
tiff and put in the hands of the sheriff.
But a summons simply filled up and
lying in the office of an attorney, or
filled up and held by the clerk for a
prosecution bond will not constitute an
issuance until the bond is given, or at
least until it leaves the bands of the
clerk for the purpose of service.
Judgment affirmed,
B. W. Moore vs. J. P. Angel (appellant)
from Macon county. Opinion by
Avery, J.
Where in an action for damages for an
alleged trespass, a claim of title to the
property arose in the pleadings and the
issue based thereon was found for the
plaintiff, he is entitled to judgment de
claratory of his title and for nominal
damages, if none had been assessed, by
the jury, with costs.
Judgment against appellant for costs,
G. B. Carden (appellant) vs. W. R. Mc-
Connell, from Clay county. Opinion
by Furches, J.
Where the plaintiff had contracted in
writing to sell a tract of land to one Is
bell, and defendant went to Isbell and
told him that plaintiff’s title to said land
was not good as he (defendant) owned
one-half interest in said land; Held,
That in an action by plaintiff to re
cover damages for alleged slander of his
title, it was competent for Isbell to tes
tify as to contents of said written con
tract between himself and plaintiff.
New trial.
State ex rel. Dennis Burrell (appellant)
vs. John E. Hughes et al., from Or
ange county. Opinion by Fair
cloth, C. J.
Where plaintiff sued a sheriff on his
official bond for four penalties, of SIOO
each, for failure to serve process, the
summons being issued in the name of
“Dennis Burwell,” and the amended
complaint declaring in the name of the
“State ex rel. Dennis Burwell;” Held,
1. A person suing for a 'penalty is the
proper party plaintiff, and not the State,
unless so expressed in the statute.
2. A party suing for several penalties
against the same defendant may unite
several such causes of action, and if
they exceed S2OO the Superior Court will
have jurisdiction.
8. Where in the above action, the de
fendant moved to dismiss the action and
demurred because of the discrepancy in
the summons and amended complaint
and for want of jurisdiction; Held; that
Hie Court below, in sustaining the de
murer, committed error.
4. A motion to dismiss for want of
jurisdiction or because the complaint
does not state a cause of action is not
such a demurrer ore tenus as will per
mit an appeal from its refusal'.
Reversed.
Mary L. Hargrove (appellant) vs. Henry
P. Harris, from Granville county.
Opinion by Clark, J.
Where plaintiff sought to recover $75
due as rent, and incidentally asked, or
stated what might be construed as ask
ing for claim and delivery of the crop,
which was not alleged to be worth less
than SSO, Held;
1. That the Justice of the Peace prop
erly ignore the auxiliary remedy of
which he would have had no jurisdiction,
and rendered judgment for the amount
of rent found to be due.
2. The Code, section 1754, makes the
judgment a lien on the crop, and the
fact that the Justice so adjudged is
harmless surplusage. Reversed.
Thos. D. Wright (appellant) vs. Jesse
Harris, from Person county. Opinion
by Montgomery, J.
Where a testator left all his property
to his wife for life and after her
death to Jthe plaintiff, but added
the proviso “However I request
that Jesse and Henry Harris, former
slaves of mine, remain with my wife
and nephew until the death of my
wife, and if they shall remain with them
during this time, that they, Jesse and
Henry, shall have at some suitable place,
fifty acres of land each”; Held,
1. That as defendant remained with
the widow until her death and was faith
ful to her, he became at the death of the
wife, a tenant in common with the plain
tiff ( he nephew) of the tract of land de
vised and is entitled to partition.
2. The plaintiff cannot eject the de
fendant from fifty acres which he now
occupies and which was indicated by the
testator during his life time as a suitable
home for the defendant, but the defen
dant will be allowed to remain in pos
session until the fifty acres are alloted by
the commissioners appointed by the court,
8. The defendant is also entitled to
the crops now in the hands of a receiver,
which were grown on said fifty acres.
Affirmed.
L. O. Younger et al (appellants) vs. M.
Ritchie et al, from Stanly county.
Opinion by Olark, J.
1. It is no defence to an action to set
aside a fraudulent conveyance to allege
and prove that the lands therein em
braced do not exceed in value the home
stead exemption.
2. Where the creditors of a husband
seek to set aside a conveyance by him to
his wife on the ground of fraud, it being
admitted that the land conveyed was
worth less than one thousand dollars
and no other homestead had been al
lowed him; Held, that the docketed
judgments of the creditors are liens upon
the reversion after the termination of the
homestead and the creditors are entitled
to have the cloud or obstruction caused
by the fraudulent conveyance removed
now, lest the evidence by the lapse of
time become unavailable.
ALL HONOR TO THE VETERANS.
One of the Last at Appomatox Writes
of the Unveiling Ceremonies.
Fayetteville, N. 0., May 23.
To the Editor of the News and Observer:
Dear Sir: I went up to Raleigh on
the 20th inst., in company with quite a
number of old Confederate soldiers to
see the unveiling of the Confederate
monument, erected by the noble women
of our State to perpetuate the memory
of our fallen heroes.
The old veterans from this county
(Cumberland) were in charge of the
Independent Light Infantry of Fayette
ville, than which a more gallant, cour
teous and gentlemanly corps can not be
found anywhere—a company that we
delight to honor, and one in which the
whole State should feel a just pride,
both on account of its age, past history
and services to the State.
Arrived in Raleigh, we were received
with large hearted and full handed
hospitality; the whole city was beauti
fully decorated for our reception, the
day was simply perfect, the arrange
ments everything that could be expected
or desired, the speeches excellent and
the crowd immense.
The unveiling of the Confederate mon
ument was a day long to be remembered;
an occasion of deepest interest and pride
to the survivors of the late war; it was a
glorious day for North Carolina, made
so by the people of Raleigh, who, it
seemed, spared nothing calculated to
make the occasion a pleasant and glad
some day for the Confederate soldiers.
To the ladies especially, and to the citi
zens of Raleigh generally, we feel that
we are in large measure indebted for the
happiness of that day of another reun
ion, awakening sad and yet pleasant
memories that thronged like half-forgot
ten dreams, or half-remembered scenes
and faces of the long, long ago.
To the railroads of the State, the old
veterans are due many thanks for favors
in making low rates, and thus making it
possible for a larger number to attend
these joyous reunions than otherwise
could.
I never go to Raleigh and feel as if I
have been there at all, unless I see
aad grasp the hand of that
big hearted Scotchman, W. O.
Btronach, the friend of old soldiers.
But he is not the only big hearted man
in the Capital city, there are many of
them, too many to call them by names
and I only take him as an illustration to
show the high esteem in wh’ch he and
many others like him are held, all over
the State.
To the Confederate Veterans the
freedom of the city appeared to have
been given on the 20th instant. They were
everywhere, and I began to think at one
time that they had captured the city,
and I believe they did, they were lodged
and fed, if not feasted. A large ware
house near the center of the city, was
nicely prepared for a dinning room, cool
and clean, in which were arranged four
large tables the full length of the build
ing capable of seating or rather stand
ing 150 each, at which was served bread,
cheese, ham, and canned beef,
together with good coffee the
soldiers’ beverage. Especially to those
who are not able, or inclined to take
anything stronger, lemonade was also
provided by the tub-full, in which large
Cieces of ioe, resembling ’ miniature ice
ergs were floating. I heard the ques
tion asked repeatedly, who is furnishing
all this ? I did not know who, but on
examining all the arrangements so
thoughtfully provided for the comfort
of the old veterans, I became satisfied that
such tact and taste could only originate
with women—men never think of such
little things. There were a number of
wash basins, soap, towels, combs, hair
brushes and looking glasses, an abund
ance of cool, clean, clear water was sup
plied by a pump in the building, placed
there, I suppose, for the occasion.
At a reunion of the disabled veterans
at Wrightsville, near Wilmington, a few
years ogo, where about 1,500 were pro
vided with a sump!uous dinner by the
ladies of Wilmington, I noticed the same
anxious care for the comfort of those
men who achieved for the South an im
mortality of fame.
At the head of the column of veterans
waved the battle flag of the 51st N. C.
Regiment whose faded and tattered folds
spoke eloquently of the scenes and tri
umphs through which it so honorably
passed, upheld by Southern valor, this
flag, now a relic of the glorious past, has
fallen into the friendly hands and keep
ing of the Independent Company of Fay
etteville, whose history of the past is an
earnest of the future. This gallant com
pany.in their uniform of historic gray, was
chosen to act as the escort of honor to
the veterans assembled in Raleigh on
that day. The naval battalion of Wil
mington attracted the special notice of
the old vets. I heard some of them re
mark that they “looked mqre like busi
ness than anything they had seen since
the war, and that they would rather
tackle any other crowd in Raleigh on
that day than that.
The most fervent and frequent remark
that fell from the lips of the veterans
was, “God bless the women of North
Carolina,” to which I heartily respond
amen. A D. McGill.
The News and Observer, Saturday, May 24, 1895.
A PICTURE OF HEALTH TO-DAY.
Mrs. Moore was Sinking- Paine s Celery Compound Made
Her Well.
The people have given their verdict!
Ever)- state, county and most humble
village has had a voice in it.
There is a consensus of testimony from
all America to the fact that Paine’s cel
ery compound is making sick, tired out,
nervous men and women well and strong
again.
There have been published by thou
sands in every state in the country, this
spring, testimonials from people in every
station of life in those states telling of
the many cases where the greatest of all
remedies has made people well.
The News and Observer has publish
ed the unsolicited testimony of well
known and highly esteemed people in
Raleigh who have found health and
strength in the remedy that was first
prescribed by Prof. Edward Phelps M.
D., LL. D., of Dartmouth college.
Men and women of national reputa
TO-DAY.
O
We devote our entire space to welcome the many strangers
and our friends and tha public to the hospitalities of our house
during their visit to the unveiling of the Confederate Monument,
in one word, we invite everybody to oome and maka themselvea
feel at home in our house and promise that you will not be worried
about buying. Everybony knows we have the best and largest
stock of Men’s and Boy’s Wearables, and that OUR goods are less
in price and better in quality and style than you find In other
houses, Is tho easiest of all to prove to you.
We have provided space for your baggage while here.
Again, our cordial welcome to all.
S. & D. Berwanger.
High Art Clothiers.
tion have written thankful letters on the
same subject, which have been published
the world over, and have called forth
unasked for responsive letters from
equally prominent men and women in
other hnds.
Below is a letter that commends itself
in this spring month of May to every
woman in Raleigh. It was voluntarily
written to Wells, Richardson & Co. by a
lady whose portrait, given above, is as
surance of her high character and honest
disposition. She is a picture of woman
ly health. She is Mrs. Robert M. Moore,
of Laporte, Ind., and she writes:
“Please accept my heartfelt thanks for
the great good Paine’s celery compound
has done me. I do think that there
cannot be too much said in its favor. I
was completely run down a year ago,
and had the advice and attendance of
two of the best physicians in the town
who pronounced my sickness nervous
prostration. I was treated by one for
two weeks, and then went to another
and at first he seemed to help me, but
after a while instead of getting better I
went from bad to worse.
“At the earnest solicitation of two of
my children and a dear friends, who was
very much interested in my case, I com
meneed to take Paine’s celery compound
and took seven bottles, and am thank
ful to say that I am a well woman to-day.
Considering the low state of health in
which I was, my case has been pro
nounced wonderful You can use this
communication as you see fit.”
For recovery from the effects of too
constant indoor work, worry, over exer
tion of body or mind, and for the gener
al depressed state of health that is so
apt to result from a sedentary life of
hard work and routine. Paine’s celery
compound is the one strictly accurate
relief. It refreshes and restores the
worn-out tissues, disposes the body to
take on new flesh, and rapidly clears the
system of the used-up elements that clog
its healthy working
Drudging indoor workers who seldom
get a long breath of fresh air—and there
are many such, both men and women—
recover vigor of the nerves and vital or
gans through the use of Paine’s celery
compound.
Notice.
RALVTGH, N. C., May 1, ISO 6.
The death of Maj. J. B. Neatherv, In
August last, worked a dissolution of the
firm of Alfred Williams & Co., and neces
sitated the winding up of its affairs. We
have succeeded to the business for that
purpose, having l)«en created Trustees by
Mr. E. G- Harrell, sole surviving partner
of said tirm of Alfred Williams & Co.
All persons indebted to said firm are re
quested to make immediate payment to
us; and all persons having claims against
said firm will please file the Hame with us
at once. A. W. HAYWODI),
THOMAS M. PITTMAN,
Trutees.
SALE OF VALUABLE
REAL ESTATE.
By authority of a judgment of the Su
perior Court of "Wake county, male in a
special proceedings to make real estate as
sets, entitled N. B. Broughton, Adminis
trator, vs. Edgar S. Lou gee and others, I
will on Tuesday, 21st of May, 18115, at 12
o’clock M., at the Court House Door of
Wake County, sell to the highest bidder
the following described real estate :
First parcel, situate in the City of Ral
eigh, on North Person street, and l>ounded
on the North by lot of Mrs. W. M. Sbipp,
on the East by lot of Mrs. ,T. M. Heck, on
the South by lot of C. G. Latta, and ou the
West by Person street, being a lotr>2’,x2®s
feet with cottage ou same. This is the
home of the late Mrs. C. E. Lougee. It is
one of the most attractive and desirable lo
cations in the City, having as its West
iront the Governor’s Mansion and grounds.
Second parcel, situate on the North by
Jones street, in the City of Kaleigb, and
is bound* d on the North by .Toner street,
on the West by lot of N. B Cobb, on the
South by Gatling’s iane, and We-t by lot
or S. V. House, being lot 38x206 feet with
cottage o i same. A splendid oprortunity
for a good home for a small sum of money.
A good buildiDg lot can be cut off in th*
rear.
Third p-rcel, situate near the town of
Cary, N C., adjoining the land of N. A.
Pleasants and others, contains 78 aer<-«, 2
rods and 31 polts, and is the same land
conveyed to Mrs C. K. Longee by deed, re
corded in book 100, page 624, Records Reg
ister’s Ofli.e for Wake County. This prop
s rty is in less than half a mile of corporate
limits of Cary.
Terms of sale one-half cash, balance in
six months from day of sale. Title rem rr
ed until purchase money is paid.
N. B. BROUGHTON,
Commissioner.
IST’This sale has been postponed till
Monday, June 3d, 1595, at 12 M.
W. L. Douclas
$3 SHOEflt’^s.
a. cordovan;
FRENCH A ENAMELLED CALF.
mm.. . MAW Fine CAi/i Kangaroo.
Wmmjtomm police, 3 soles.
* 1 T - 5 BoYs’ScHoaSHoa
—'•WW ■ROCKTOrtM/Bs.
Over One Million People weir the
W. L. Douglas $3 & $4 Shoes
All our shoes are equally satisfactory
They give the beet value for the money.
They equal custom ehoee In etyle and lit.
Their wearing qualities are unsurpassed.
The prlcee are uniform,— etamped on eoie.
Prom $1 to $3 waved ever other makee.
If your dealer cannot supply you we can. Sold by
HELLER BROS.,
Raleigh, N. C
JOHN W. EVANS
CARRIAGE MANUFACTURER
Northwest Cor. Morgan and Bleant Sts.,
RALEIGH, N.C.
■Jpeclal attention given to repairing and
re pa at ng.
A R. 0. JOHNSON. JNO. S. JOfWStN
Johnson & Johnson,
WHOLESALE AND RETAIL
Wood and Coal.
Phone 150. Office 117 Fayetteville Street.
General Commission and Brokerage.
THE CELEBRATFD
Rockbridge Alum Springs.
Capacity 1,000. Gayest resort in the
mountains. Rates reduced one half.
Considering quality of patrons, character
of accommodations, cheapest resort in
America. Waters recommended by lead
ing physicians. If a sufferer from Con
sumption, Indiges-tion, Scrofula. Catarrh,
Diarrhoea, Female Troubles, etc , or need
gayety, surrounded with a superb class
of people, write for pamphlet and be
convinced this is a panacea for your
troubles.
JAMES A. FRAZIER,
Managing Receiver.
Sale of Lexington Seminary.
The undersigned, duly authorized there
to, will sell at private sale, The Leilngton
Seminary, and hereby invite bids for the
same. Said property consists of two acres
of laud having thereon a large two story
Brick Building with four recitation rooms
on the first floor and two recitation rooms
and a large chapel on the second floor,
with chairs, desks and other furniture
suitable for school purposes, and Is situa
ted at an eligible point in the town of I**-
ington, N. C F. C. ROBBINS,
J. D. GRIMES.
April 99th, 1*96. ;
—THE—
«, J. BROWN COFFIN HOBS;.
JNO. W. BROWN, Proprietor .
Fnnerai Director and Embalm w,
RALKIBH, N. C