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 ING AND VERY RAPIDLY. 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 . A.M Li- . . . . ,-y-v-rr Tinm TOtriH It! Dtntim ITDTft TMmn A n THAT WE HAVE AUitiirU XU UJE JAi iUU iux t iiJ. ux-xu-uaia Lt STY I. - REMEMBER AT A BARGAIN. New iStyle vSpring flats Now Here. CRO ss EHANiCO LIN Up-to-Date Clothiers and Furnisher: 9

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