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THE DAILYpEAys AND OBSERVER
V
t
BOND SUIT SETTLED
V
NORTH CAROLINA BOARD OF
V I PHARMACY
THE NORTH CAROLINA BOARD OF
THE EXAMINATION OF APPLICANTS
PHARMACY. WILL BE HELD AT THE SEASHORE HOTEL,
AT WRIGHTSVILLE BEACH TUESDAY.
A. M.
Union -Bank Recovers
Price of Void Issue.
; -f ; .
Coart Holds JJond Ieued In Aid of
Oxford and Coast Line and Sold
to Hank to Have Carried ?War. ;
ranty of' Their Validity.
.. BefoVe. Jud?e Pur'nell, sitting: as the
Circuit Court." a trial 'was had yester
day of the civil suit of the Union Bank
Line Railroad for the return of the bond?' ltl" JUlr
. , land appealing to the Circuit Court of
purchase price and Interest paid by Anneals nt Rich mnnri th. hitrhc
i the plaintiff to the. defendant for an i -0urt reversed Jude-p Purneii Mocidine
;MsSue or $20,00 bonds in aid of the j thal Ylc statute of limitations did "not
apply and that there heid been a war
ranty of the bonds by. the'rarlroad
when It sold them to the plaintiff
bank. . - ; H
An Important Principle,
The contention in this particular
case was that there had been a spe
cific warranty made bv the railroad
company at the time the 'contract of
purchase was entered iinto by the
bank through certain tetters passing
between the-agents of,: the parties.
But in the orJnion of ; ,the Circuit
Court in the plaintiff's appeal the im
portant nrinciple was announced that
where invalid bonds are sold to one
who. hasjjo notice of the defect the
law '-1 will i imply thsit a warranty of
their validity passes with them. In
this respect the case is fie of much
importance to all interests' dealing in
the bonds of municipal; corporations.
Accompanying Mr. -lilioyall from
Richmond and intcrestetl in the case
.were Messrs J. It. Bcasely and J. W.
Burrews. ; -
, Turner's' Sentence Reduced. 1
.- - '-, ' f
' In the matter of the plea for ft.
change of sentence of eighteen months
Imprisonment imposed On W. T. Tur
ner, a. Durham county moonshiner, to
a fin of $1,000. the court refused to
change the Imprisonment to a fine, but
agreea to a. reduction oi tne sentence
by six months, making: the term of the
prisoner in thei penitentiary one year.
. The Court adjourned for the term at
two o,'clock .inHie afternoon.
PHARMACY FOR
TO PRACTICE
JUNE 12. AT 9:0
A HlSEIF GINGER
Rcmifitls! Julius Stewart
of (tertain Institution.
Til
3v:
PWHnVthlno. In TTiU Ilornr and
raHroadL which ?Wee voted bv the
v town of Oxford Jin 1892 and after
wards declared invalid by the courts.
s Issues were submitted upon which
, the jury returned a verdict infavor of
the plaintiff and judgment was signed
. for about ?27,,500 and the costs of the
action, i - - ."
The bank was represented by W. L.
i RoyaJI. Esq.. of Richmond, and the d
i fendant railroad by ex-Judge T. B.
Wo mack, of Raleigh ; ex-Judge A. W.
Graham, of Oxford: and Major J. .W.
Tne judgment yesterday was per
haps the final determination of a
: series of litigations which, have been
before! .the courts for the space of
. nearly" fourteen years. In the Call of
i 1892 the town of Oxford voted (-an is
sue of $20,000. of bonds in aid of trie
construction of xhe Oxford and Coast
! l,lne Railroad, running from Oxford
i to a connection with the Seaboard Air
t Line. These bonds were soon after
J wards sold by the railroad to the Union
Bank and the purchase price expended
j n the construction of the road.
The town of Oxford, however, paid
ionlv the first six months . Installment
of interest and -then repudiated ,.the
obligation on the ground that the act
authorizing the issue of the bonds was
unconstitutional, tne aeiect auegea De
Jnff that the"" bill had not been read
three separatetimes In each; house of
the legislature on three, separate days
.with the aye and" nay votes on the
second and third readings. Litigation
as to the validity of the bonds pro
gressed through the State courts and
finally went to the Supreme Court of
the United States, by which they, were
finally declared to be unconstitutional
"and void." '' . '
It was after this final adjudication
that te Union, Bank instituted Its ac
tion against the railroad for the re
turn ..of the" purchase price paid by it
for the bonds, alleging that the rail
road In the sale was bound to a" war
ranty of the validity thereof. The rail
road in defence -pleaded the statute
of limitations as a bar to the action,
and also set up the defense that-It was
not bound by any warranty of the
bonds. "tWhetf the case was heard here
before Judge Purnell in December,
ft 904. ,fae held that he road was not
protecteq py tne statute, out mat it
' - V ' . m . m . l
ncct in , in
at onevo'
sKciiirr.itY.
Selma and find that they'make con-
the afterncon as easily as
clock, tin: regular dinner
hour. ;
Pupil Professor, what des the
oming mean?
i Prof. i is a bcrAitiful Indian word
-t-nothing misleading atmut it as a
girl's nam, though seldoinly used, it
means a beautiful young maiden. The
most o.uiet beautiful squaws and wives
were called by that name. In all In
stances it meant something pleasing
to the eye.j As to lands, a. good graz
lngor resting place in an unexpected
section. The Wyoming Valley, for in
stance, and other poetic and good
feeding spots at places where it is not
expected from general appearances.
No matte where found, it signifies
that which! Is pleasing, satisfying, rest,
comfort, etc
Pupil Professor, then whenJthe
word "Wyoming" is used preceded bv
the word fNew" what does that indl- it Keele
cate?
Prof. It simply means that the
ranch has! been Improved and getting
better, if possible.
ma "connection is
pleasure, j
Pupil What subjects have been
most widely discussed by the entire
press lately?
Prof. The earthquake In ;-allfor
nia. the "bake in Washington. I. C.
and the jltna connection.
Tliere
TlKre; oniething In Tht Instltu-
t'o''ny-re IJUi .Cracker
ffck ln Tlielr Way.
One ithi handsomest horses in
the Statgf 5,'orth Carolina has been
bought fgy? M-. pinli : Vanstory. of
(Jreen.sbKo. vfhn is acknowledged one
of the tat Authorities in the State
on horstTiesji. '."Cho: anlma- has at
tracted .at Attention ! in (Iceenaboro
and VanlMy'j stal.les Is one point of
Interest Jhat ?evrv ftorseniun going
to Oreefbor makes ; It a point to
visit- Z ; i.
oi van-
Therefore, the Sel-
a certainty and a
THE SELMA (X)XXE(TIOX.
Hott Why did you strike
He only niilffcd at you.
my dog?
Now a Certiiinty the Ninth Wonder
of fhe World.
' Pupil-rProfessor. In our last lessop
we learned that the eighth wonder of
the world could be seen at Sclrna.
the Rock with the wagging tongue
that the Panama canal" vould be the
ninth wonder of the wlrld. that the
only rule with not a single exception
was "good dinners at the Wyoming
House every day. . Upon investigation
we -find that connection at Selma with
the above can be made over three
hundred and sixty-five times a year
Pupil How's that? a Prof. Why.
was not bound by warranty of . the jsome put off eatinc until they get to
-A.
1L
Oinrnwrit la - - '
Kcinm. Tvttvr I in.
r1. lI h-, Kr, klm.
Rnnhurn all akin itj . .
'PPr qltly Bod p-rni-
IIEISKEIX'S
OINTMENT c;
iJT?2ir??ni .'T nf r the -km tnit
ami lielcb. ileiakeil'a Soap for tit- akiD a.
Mptilljrtip(i. Atctrtunrtata. MttKr.
Ointment r.ixl for htmk of trat.iiMmia,la. -
Mtttw.-Hollowy C.. fhMadelphia
JUIIUS lewtrt mnnrpr
story's stdnlec Is very pi.-oud of thi
animal afttl knows how to show hln
off to thies advantage.
"You i&p tChe splrjt. tne life and
the glng?M hls hie has." said
Julius Strwar$ as he showed off the
animal tja visitor. "'Jhere is some
thing atut ahat that reminds me
of something l.e here in Orensboro.
I know ?ht A am talking about, be
cause I Ijjrtve iad. the exerience and
1 know tgiat S man who has lost In
terest inHfefand Wh0 is of no ac
count, aria: wKo wants to be made a
better mi. h?ive new life, and b in
a posit lo -to ;S(io something for him
self and "or tils people, can improve
his -condition hy taking the treatment
i Institute, v If the man
wants to' to drinking Keeley In
titutc caij cue him.i No' sort of
iemptatli!(ay be jm. great as to lead
him astrftSi aijjn If he has the heart
and the 3slrej to be a man. I know
this, as ijj,Haid4;hy exr,crlence.
-The T-!le& Institute is excellentlv
manat'edlilt Is a fine, comfortable i
home wrttire jjffi-ers 'and attendants
are Kitin :ana oourtoqus friends to
every iatSit. lind If the man wants
to be rU'if t&e drlnki habit the best
TELEPpOK-E
TRAVEL li
i
i
i
li
-
Is the cheapest, safest, quickest; easiest
way to reach a distant point. ' You avoid
the dust and dirt ij while accomplishing the
same result; BeU telephone long distance
lines enable jyou to reach any city quickly
and cheaply. It's the modern way to do
business. It brings results.
1 1 ' '
BELL SER.VIGE IS SATISFACTOR.Y
THE RATES ARE REASONABLE
if 1- ' . i
Call Conllad Department, No. 100
n r . - "!
O out hern Bell Teh fill
arid Te 1c g rap It Co.
RINKLB'i'
thing in e vior'd that he ran do is
to go tothCiKeelev Institute at
ureenstoWj g ;
THE ji:itOX COXVHTK)X.
rr SiirtMUjis Ovrrnutii. nrotfks.
IKKIH. Hhaw cine No In.
strinloij for Corporation
L CotomlsMiojner.
(Sneciaflio "kews ad Observer.)
Roxbrft; S.C.. .lnn 9. The Dem
ocratic convention her today Instruct
ed for Slrmon. Oyerrfian. Kltchin. A.
1. BrooksSfitr Mtor! for judge. J C.
Biggs. IKgjSh J; ?Co instructions
for CorpoattJoii.cjmniissioner.
. fy $ J ?
KlnstonjiN. f;.. 1 Junir 1. The new
A. X. , naenger.jdepot has been
completUj'SjiniJ. as yoin as It! is ac
cepted hy&he fompanv will be cHpen
ed to thjjiihlg;. .It Is a marked Im
provement, pvef the old one In manv
resoects. fcl - i
Electric Fans
Of nil Vlnds j CaU and
look at them.
i
- Raleigh
Construction Co.
. i
. 14 West I Iargett Street.
ILVLEIGH, if. C
UstVO VoU Sore throat-pimplirsi, eruptions, topper-colored spots, patches,
old sores, bone pains, ulcers in the mouth, hair failing out,
write for proofs of permanent cures of worst eases of Syphilitic Blood Poison,
Scrofula, Bheumatism, Catarrh, Cancer, Xczema-and -an Skin and Blood Diseases
made by the use of Botanic Blood Balm (B. B. B.); 32-page book and medi
cal advice,' logether with free- sample, given by writing Blood Balmk 3om
piaj, Atlanta, Oa. Forjsale by all druggists. Price $1.00 per large bottle, three
for $250, six for $5.00. Ill druggist do not keep this medicine in stock send us
or order we will ship same hy express, charges prepaid, oa receipt of price-
Cash'Beot.
Store
52, 328, 330, 332, 334
j Farettevillc Strctt. .
j Ralelsli. N, C,
I
VACATION TIME -
. Tlie thoughts of all tnrn to Trunks
and Go-Away-riajr. TIc ist1 turn
tlieir steps towards Crinklry's wIktc
they can ccthe same coods for less
money. .
j TRUNKS. '
Metal foveretl, to $3."o.
Canvas ooveretU 9I.90 to 3.'o.
Same ulih Oralis. 2.20 to
nran i trininird. SM.OO to T.oo.
36-in. : reneer K-ntIcr Ixmml, 12.r0.
Suit cw-s 91 AW to .S6.0O.
Haml-HasiH 25c. t !3.PO.
I IIARVFAT TISIli
Seclal 14 finscr sxaht cradles,
worth 93.0, special this week for
S2.23.. !
;ras scythr nud nath. Sl.tr.
Cultivators, llow. JIoc, Hakcf.
Shovels.' ?
IrfulicV white purses. -V- SOc.
I'ans lc 3c.. &t'- 10c.. 25c 50c.
ltaby's IlcI SUppcrs. 65c, 80c. Hose
to match. ,
White- fillppers ' f or ladies and chil
dren all sizes. '
; IVoy'j. Oxfords. $1.25. SI. 7 5. S2.0O.
lien's Oxford's SI 5 to 3.00.
I
3Icn! Clerical RLick Snmmer Coat
lorur .nd cool.W.OO.
(Genuine l'xnanu Hats, S3 .50.
leexer, all idxes. SI Ji5 to 4.00. '
Refrigerators. Sff.75. $8.00, 510. $12.
Ilnhbcr Hose, rrnarantr-ed. c. 9c. ,
Ian mower. 1 6-ln $3.04).
Krult .Tai-s -and Jelly Tumblers. .
foqriito Netting Ac. yard,
ltcd Canopies, 515.
Meu's ribbed seam drawers, the
50e. kind. 40c.
TAIJilXO 3LCHIXiqs
'AND -
RECORDS. ,
3.
CKIXKLEY'S.
For that conh uio ;
y , ,
fa He
vv win
S
Are
1 I
Naw
on
ete
Lnes
Dry
Rbad
Good
ariG
No
Styles
Prices dahhot Be Sur-
passed
0
ur
Match!
ess
ues
ew
Season.
Ire) Winning
tomers Each
I PI
Representative, and See
Your Business
ImpOi?tei?s and
& V I
A;iiTo)
jil ' vrvr
il koJ : I
r
(Iiicorpoiratcd)
Jobbers of Dey Goods, BJcitions, "White Goods anct Rents' Ftiffiiis&infjs
L
7K t r? Plr
fat