Wh
is
OYA
TO?
IP
aking Powder bet
ter tKsui sriy otliLfer?
Because iti its mammoth works a
corps of chemical experts is con
stantly employed to test every ingre
dient and supervise every process of
manufacture to insure a product ab
solutely pure, wholesome and perfect
in every 'respect. :
The most wholesome food and
the most digestible . food are made
vith Royal Baking Powder.
ROYAt BAKINQ POWDER CO., 100 WILLIAM STn NEW YORK.
Rex Hospital Management
Vindicated by Trustees
They Investigate and Find No
Blame Can Be Attached to
SuperintendentorNurses
in the Mrs. J. A. Pope
Incident Statement
It
consequence of what was published
ia -hi parsers yesterday about the escape
of Mrs. Pope from the hospital, and the
(;i:vn:ii"t:inees attending- her being found
an1 returned to the hospital, the trus
ves had a meeting to investigate the
matter, and did investigate very fully in
the presence of Mr; J. "A. Pope, and the
foIl"wing resolutions were adopted:
"On motion it was resolved that it is
the t-piise of the Board of Trustees of
Kex Hospital, after a careful investiga
tion of the circumstances of Mrs. Pope's
escape, conducted in the presence of her
husband. Mr. J. A. Pope, that no blame
can be attached to the superintendent or
imr-es of the hospital, and. further, that
it is found that the remark made by
one of the nurses when Mrs. Pope was
' found and complained of her feet being
-oi'i. was not made in a tone of reproof
.r anirer, but was a statement of what
va, the natural result of htl exposure,
and was' heard and so construed by the
ihys:ciau in attendance upon Mrs. Pope."
It is against the rule of the hospital,
Fa id a trustee yesterday evening, to take
insane patients and Mrs. Pope, in con
pequrnce of the 'character of an opera
tion which had to be performed, was sub
ject to delusions during her stay in the
hospital, which has now lasted several
weeks, and a strict watch was kept
over her." The physician in charge of her
case, in Dr. Goodwin's absence (he not
being on duty on account of the death
of his father), had left 'her within five
minutes of the time of her escape, and
had taken her nurse in a near-by ward
give instructions about her further
treatment, and .she (Mrs. Pope) took this
opportunity, in the delusion that she
was to be put to death, to slip out and
ru nacross the street and conceal her
self. . v
She was Seen by a driver of one of
the physicians, and pursuit was at once
made by all nurses except one, who
was left in charge of the wards. She was
found and returned within half an hour,
and everything possible done for her
comfort.
Mrs. Pope was carried from the hos
pital to her home at 11 o'clock yesterday,
and The Post is informed that she left
with reluctance. She was to have been
carried home Monday.
Mr. J. W. Coffey, who was also ex
amined, desires it to be stated that he
did not volunteer,' as might be inferred
from newspaper reports yesterday, to
give information about what happened
at the time Mrs. Pope was found; and
after hearing the statement of the physi
cian as to the remark made by one of
the nurses, he thinks it probable that
the physician's interpretation was the
correct one.
The authorities of the hospital sym
pathize ' deeply with Mr. Pope, and
thought it just to him, as well as to the
management, that the matter should be
fully investigated and in his presence.
Rulings Made in Big
Green Swamp Land Case
Judge Purnell Continues the
Injunction Except as to." One
Defendant 170,000
Acres Timber Land
Involved The
Judge'sOpinion
Judge Thomas R. Purnell on yesterday
rendered his opinion and order in the
case of the New Jersey and North Caro
lina Land and Lumber Company et al., a
case in equity with injunction proceed
ing pmdinz in the Circuit Court. The
case involves about 170,000 acres of
lands known as the Green Swamp lands
and lying in Brunswick, Columbus and
lloiteson counties, ami was argued at
lenzth by counsel atxyit a- week ago.
Plaintiff's counsel are Meares & Ituark
'f Wihiiington, and those for the defend
ants, of whom there are about seventy
Jive r.:rnnanies and private citizens, are
iI"U. John D. Bellamy and George Iioun
tree, -TnrLe FuraelYs Tuling continues the
mjun.-rioa against all the defendants ex
cept Mrs. X. .T. Sehulken, this being
Taearefl. The opinion and order follow:
Plaintiff filed its bill in equity against
namerons defendants and a restraining
ordr Kas granted returnable on the
day in February, 1902. The bill
aLe;:es complainant is a corporation cre
;pl ninl existing under the law of
Ae.v .r.-sey. That the Gardner-Lacy
'om-MHv j a corporation created and
XNTiris under the laws of South Caro
.i, liaviii- a place of business in
.brir.s-.ncic county, North Carolina, and
l,.Mt numerous other defendants are
ml' North Carolina. That the
;t3' North Carolina in 17G5 granted.
i .'.V' Rowell, Stephen "Williams
?d tWii!i3m Collins certain lands in
!f'n : :n' 'din a and complainant is the
,'Wli;-'r ' fee seized and in possession of
nd .; '?eribed in said grants. Muni-ient-i
r.f title, surveys, and acts of the
rl.itiTf.! are set out at length. That
-WGp.ain.iTit has for thirty years had
of said land, except some
sjiaxi tner (which are not described),
Ux- treaiassers therefrom, paying
fi a s t.ireon. etc. That defendants have
nr?fs ou parts of said land, tres-r-hf
'" th"eon, cut timber, which is the
C . Xa:ne of the lands to plaintiff-to the
r,v;i'','rar,1 rlani;iq:e and depreci
of its own lines and boundaries (which
are not set out in the bih, but appear
tne grams ana piots attacneuj, ana
lihr" , s lnterest. That to estab-
't in " 'n,p '?;T1;'ntV rights would involve
saticv V'rtfr-of suits, endless liti-
led ir , "nu ivieparaoits .uauius'-.
- " tnis remeay to estatuisa us
rt3;c '! "' action.'. That while com-'-"
informed -as- to the location
Pa
in
tne tact of uefendauis aud others tres
passing and conuiiming acts of spolia
uon within its. boundaries it has been,
unable to ascertain. the particular grants
aud deeus, if any under whicn defend
ants pretend to justify and detend, de-
iendants ra equity and good conscience
should be required to disclose, fully and
completely the grants, entries, claims or
deeds under which they claim the right
to trespass upon the said lands, cutting
and removing timber therefrom, and ne
lendants cannot show any superior title
to complainant. That said lands are
assessed for taxes in complainant's name
at sixty-one thousand dollars. Then fol
lows the prayers for relief. "
A temporary restraining order was
granted, returnable on the rule day in
February, 14)02, the-subpoenae, bill and
restraining order were returned served
on fifty-eight of the defendants, naming
them,, when the questions involved were
heard, counsel appearing on both sides.
Upon an examination-of the record -it
appears from Mrs. N. J. Schulkenr, one
of the defendants, filed an answer Jan
uary 31, in which she denies the title
of complainant to parts of the land re
ferred to, sets out her muniments of
title thereto and raises issues of fact
which constitute an apparently good de
fense at law. . A, court of equity cannot
try these Issues.' This defendant also
denies any trespass or. cutting of tim
ber. In short sets up defenses upon an
apparently good legal title which must
be tried by a jury on the law side of
the docket. To the rul.9 to show cause
she makes no specific answer, but her
answer is considered in this - connection
having been tiled before the return day.
On the return day the Gardner-Lacy
Company answered with many affidavits
and demurred ore tenus to the bill. This
defendant claims to be the owner in fee
of certain tracts, the Burnice Little
tract, 80 acres? the Elijah Little tract,
the Nathan Little tract. The Formy
duval tract, the Narlow and Williams
tract, the Samuel Evans tract, 100 acres,
and the Noah Williams tractr 100 acres
of which .it and those under whom it
claims has for more than seven years
been. in open notorious continuous and
exclusive possession under color of title.
It claims the timber interests on all
these lands, has established a lumbering
'amp and constructed a tramway with
iron rails, engine and logging outfit, five
or six miles long, atid prepared timber
for market in ways described, some
afted, some cnt down and other trees
belted preparatory to being felled- On
'he same day, being the return day, this
lefendant demurred to the bill, which
demurrer will be - more properly consid
ered on the hearing on the next mle
day. Other defendants do not answer
the rule and the bill may for the present
be taken pro confesso as to them. At
the hearing many questions will doubt
less Je presented which it would be
premature to consider now ; and which
the court has no intention. or disposition
to even consider at this time. The only
question for consideration at this time
is, shall the restraining order be con
tinued to the hearing?
It is only when complaint In his bill
alleges a joint liability or community of
interests that the answer of one' defend
ant will Inure to the benefit of other
defendants. Bates Fed. Eq. Pro., 330,
and authorities cited. Here there seems
to be no community, but a great diver
sity of interests on the part of the
defendants, diverse defenses, hence the
defenses set up by Mrs. Sehulken and
the Gardner-Lacy Company do pot affect
the other defendants, except In so far as
ether defendants are connected with such
defenses. As to other defendants, the
bill is taken pro confesso, and the in
junction continued to the hearing.
Mrs. N. J. Sehulken traverses 'the title
of complainant, denies all allegations of
trespass, alleges; she is not and has not
cut timbers and sets up an apparent good
title in herself. ' Issues are thus raised
which must be tried by a jury on the
law side of the docket. She is in pos
session of a part of the land claiming
title thereto and her light to retain such
possession must be tried In an action or
issues formtilated in the form, of an ac
tion of ejectment.
This cannot be done on tne equity
side of the docket. As against her the
bill does not eet up such equities as en
title complainant to injunctive relief,
unless such action of ejectment is com
menced at once, as soon as 'lis defense
is disclosed, and unless proper steps
to this end are taken within ten days
the restraining order will be vacated as
to the defendant N. J. Sehulken. This
order is entered on an examination of
'u.i record ex mero motu.
One of the principal objects of the
bill aa said in Dick v. Forake, 155 TJ.
S., 405-415, and Holland v, Chillon, 110
U. S., 15, being to remove clouds on
ana quiet title has? served its purpose
and accomplished its end as to that
part of the land claimed by the Gardner-Lacy
Co., which discloses an appa
rently good title with the boundaries of
the land claimed by this defendant. De
fendant discloses its muniments of title,
also that it has timbers in diuierent
stages of preparation for market and
great loss will be suffered f the same
is not" prepared for commerce within a
reasonable time. Timber belted pre
paratory to being felled or that cut, on
the ground or in the water, if left stand
ing, lying or floating and not utilized
when In proper condition uecomes
worthless for commercal purposes.
To effect this end by injunction would
be inequitable and serve the contrary of
the primary object of a court of con
science and equity a loss, to all oarties
concerned. This the court will not do.
It is not equity. Defendant sets up
an apparently good title. It has erect
ed its works at considerable expense
evidently in good faith, depending on its
title. To tie up its enterprise by in
junction after these disclosures would
smack of oppression, not equity. Com
plainant has its rights. Defendant also
has rights. The court, will preserve
both. The traversed allegations in the
bill will be tried by a jury the U6U.".l
qnestion.s in actions of ejectment, is the
complainant the owner and entitled to
the possession of the land thV oouada-
rles o Tvhien are now krfown, etc. In
the meantime, if complainant shows its
good faith by taking steps to test its
claim, the interests of the . parties as,
they appear will be protected and pre-
served. The test should be made in a
reasonable time. Cinder the circum
stances the law's delay would be an in
justice. A consideration of the ques
tions of law and equity discussed on the
hearing has been purposely avoided,
lest their consideration at this time
should when the contentions, rights and
equities of the parties are more fully
disclosed embarrass the parties or the
court by a premature consideration or
discussion. The final hearing will prob
ably be had within the next sixty days
when these questions can more intelli
gently be considered and determined.
It is thereiore considered, ordered
and adjudged that as to the -Gardner-Lacy
Jvtimber Co. the restraining orer
heretofore granted be and the same is
hereby modified and dissolved on the
eaid Gardner-Lacy Co., entering into
bond in the sum of ten thousand dol
lars conditioned that it shall, if so re
quired, by order of this court account
to complainant and pay for such, tim
bers as it shall cut and use: from the
land claimed by or which it shall be ad
judged by the court the New Jersey
and North Carolina Land and Lumber
Company, was and is the owner and en
titled to the possession. 'Said restrain
ing order is continued in fmi force and
effect as to lands, claimed by complain
ant and not included within the bounda
ries of the land to which, the Gardner
Lacy Co. claims title.
It is further ordered that Unless the
New Jersey Land and Lumber Com
pany shall within twenty days from the
entering of tuis order formulate issues
and take steps to have its title to said
land, claimed by the Gardner-Lacy
Lumber Company, tried by a jury, the
said restraining order heretofore grant-
en herein, shall and 'the same is hereby
vacated and dissolved.
And- this cause is heldi for further or
der. J-
THOS. R. PURNELL,
U. S. Judge, Etc.
Feb. 11, 1902.
: ,;
Nl;h( W( Hrr Terror
"I would cough nearly all night Ions."
writes Mrs. Charles A pplegate, of Alex
andria, Ind., "and could hardly get any
sleep. I had consumption so bad that
if I walked a block I would ' cOuzh
frightfully and spit blood, but, when
all other medicines failed, Ithree $.00
bottles of Dr. King's New Discovery
wholly cured me and I- gained 58
pounds. It s absolutely guaranteed to
cure Coughs, Colds, La Grippe, Bron
chitis and all Throat and Lung Troubles.
Price 50c and $1.00. Trial bottles 10c
at all drug stores. , . .
' '
Helped Out by Ilia Ilvlpiaat
(Rochester Post-Express.)
The Rev. Clinton Locke, who wa for
nearly half a century rector at Grace
Episcopal church in Chicago, was the im
mediate, predecessor of Ernest MVS tires,
recently called to New York. Dr; Lock
tells this story of how his nuick-wlf ted
wife once saved him from an awkward
situation. One afternoon, while enjoy
ing a good book in the parlor, his wife
noticed a woman coming ur the front
steps whom he particularly detested. The
doctor fled precipitately, leaving his wife
to meet the caller. After-a half honr
had passed, Dr. "Locke came out of his'
study and listened at the head of the
stairs, clearing nothing below he called
down to his wife:
'Has that horrible old bore gone yet?"
The caller was still there. Mrs. Locke
was equal to the emergency, however,
and she called back:
"Yes, dear, she went nearly an hour
ago. Mrs. A. is here now."
The Beat Prescription for Malaria
Chills and Fever is a bottle of Groves
Tasteless Chill Tonic. It is simply iron
and quinine in a tasteless form. No
core, lo pay. Price 60c .
:.: .
Tess Bess is going to marry an opti
cian. Jess Is he wealthy?
Tess I think so; at any rate, she
says there's a lot of money in sight for
him. Philadelphia Press.
Dobbin &
Ferrall.
At
Tucker's
Store.
It Is better to wear out than to rust
out. Bishop Cumberland.
Improved Paatenser Scrvlc ' t th
Kortbwcct Tla Seaboard Air Line
Hallway
Leave Raleigh 10:20 a. m.
Arrive Washington.....,, 6:35 p. m
Leave Washington. 7:45 p. m.
Arrive Harrisburg 11:40 p. m.
Arrive Buffalo. 10:15 a. in.
Arrivq Pittsburg 7:15 a. m.
Arrive Cleveland... ,6:80 p. m.
Arrive Toledo........... 3:30 p. in.
Arrive Detroit 8:25 fc. in.
Arrive Columbus D:45 p. m.
Arrive. Chicago.......... 5:00 p. in.
Through Pullman and day coaches be
tween Raleigh and Washington, where
close connection is made in Union Sta
tion with Penna. R. R. trains Nos. 7
and 19 for all principal points west.
For tickets, Pullman reservation, or
any information, apply to
I C. H. G ATT IS, C. T. & T. A.,
Raleigh, N. C.
Telephone 117.
$
Low Kates to Charleston Exposition
via. Mouthera Kallway
The Southern Railway announces the
following low rates to Charleston, 8.
C, on account of the South Carolina
Inter-State and West Indian Exposi
tion, Charleston, S. C, December 1,
1901, to June 1. 1902.
The following rates apply from Ra
leigh: $5.65 Tickets cc'.d Tuesdays and
Thursdays of each week commencing
December 3rd to May 9th, anal limit
seven days from date of sale. Route
via Selma and Atlantic Coast Line.
7.00 Tickets Eold Tuesdavs, ana
Thursdays of each week commencing
December 3d to May 29th, final limit
6even days from date of sale. Route
via Greensboro and Charlotte.
$S.95 Tickets eold daily commencing
November 30th to May 1st. final limit
ten days from date of sale. Route via
Selma and Atlantic Coast Lie.
9.90 Tickets sold daily commencing
November 30th to May Jst. final limit
ten days from date of sale. Route via
Greensboro and Charlotte.
12.25 Tickets sold daily commencing
November 30th to May 1st. final limit
June 3. 1902. Route via Selma and
Atlantic ' Coast Line. ,
$13.50 Tickets sol- -jaily commenc
ing November SOtn to My 1st, final
limit June 3, 1902. Route via Greens
boro and Charlotte. '
The Southern Railway has four dai!y
rassenger trains to Charleston leaving
Raleigh as follows: 1.00 a. m.; 10.30
a. m.; 3.50 p. m.; 3.51 p. m. arrive
Charleston 7.30 p. m.; 11.15 p. m. 7.00
a. m.; 5.40 a. m., respectively. Through
Pullman by either route from Selma
and Charlotte.
For tickets, Pullman reservations and
any further particulars writo or call on
T. C. Sturgis, C. T. A., Yarborough
Hous?, Raleigh, N. C.
This jVeek
Our first important
Spring showing of
New Silks,
New Dress Goods and
New Wash Fabrics
and White Goods.
Our New Embroid
eries, fresh, dainty and
clean are likewise dis
played. These Embroideries
are our own importa
tion the workman
ship the best on the
best materials.
THE UNIVERSAL
FOOD CHOPPER
RESTAURANTS
HOTELS.
i.'JMV.-.XfH .
FAMILIES,
BOARDING HOUSES,
... as useful for one as the others,
i -' J .
Each Machine has THREE Cuttcf
AND CHOPS
COARSE MEDIUM OR FINE WITHOUT MASH
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J
Simple, Self-sharpening and Easy to Clean
EVERY PART IS FULLY "WARRANTED AND
IN FAMILY USE A MACHINE WILL LAST A
LIFE TIME.
FOR SALE BY
iteHartWard Hardware Co
PEAC
A
RALEIGH
!IE WORKS
COOPfin BROS,
Proprietors.
Raleigh, ft C.
MONUMENTS
Write for catalogue.
We pay the freight.
ff,. K-
M Urn
I
S INSTITUTE for Young Ladles I
fUm CONSERVATORY OF MUSIC
- 1
. ! T" Av.4.:nY 1 . r -. . . , . T
tias no superior. xesi.ueLiia.j' a.isieiu oi -iusic; noiuinj equal to it
in the State- Two Music professors. Advanced courses to suit any
one. Specialists in all departments. Terms will suit you. Ask for
free catalogue. Five changes after Christmas, two pf which are filled
Applicants desired for the other places. - -
JAaIES DIXwIDDIK, M. A., Principal, tj
KALEIGH, X. O.
Not liow Cheap,
But How Good,
Is the rule governing the manufacture of
North State Flour.
The food which nourishes the Body should
be worthy your highest consideration. The
flour we make is as good as the best wheat and
the best care can make it.
FARINA MILLING CO., Raleigh, N. C.
If your grocer doesn't keep it, write us or -'phono'-.us.
LSNEHAN
CO
Reductions in
5.
nrn Tn ANNOTrXCE THA T FKOJI XOW UM,
....,VS,r vni; pam tjADTT.Y SEE UPON EXAMlXA'tiOX, REDUCTIONS THAT
?i,nvTAap m?T SOMETHING THAT WILL IMPRESS YOU WITH THE F.
Yll phkav WE CARE NOTHING FOR PROFIT BUT TO GET I
( virvv-. .
,FOR SPRING
TO THE OPEN IXf J OF SPRING. WE OFFER VAL-
XEED XO MENTION
CT THAT YOO ARE
HEM OUT OF THE WAY
ERGO ATS!
vcv TTAVEN'T MANY BUT WH AT WE HAVE YOU WILL FIND U P-TO-DATE AND OF THE LATEST
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STY I.
- REMEMBER
AT A BARGAIN.
New iStyle vSpring flats Now Here.
CRO
ss
EHANiCO
LIN
Up-to-Date Clothiers and Furnisher:
9