. ; I
I -
DURING
DISTINCT
123 and 125 Fayetteville Street,
AND FRO Ml NOW
And never before will you have found holiday shopping so delightful. Our stocks
are the largest in town, the most comprehensive and varied, our prices are the lowest,
our salespeople competent and courteous. In a word, the best goods, the lowest prices,
the best service, the satisfaction and the money advantages are. we believe, positively
unequalled. Make your selections now. Past experience proves the wisdom of early
choosing. Delivery when desired.
DIGEST SUPREME
COURT DECISIONS
(By Joa. L. Seawell.)
" HUTCHINS, appelant v. SCHOOL
COMMITTEE. From Durham. Affirm
ed. An order of a school committee ex
cluding pupils who do not have a phy
Bician's certificate that they have been
successfully vaccinated within three
years, is held to be a reasonable ex
ercise of the committee's authority.
BOARD OF KDUCATION, . appellant
v. COMMISSIONERS. From Iredell.
Affirmed.
Sheriffs are entitled to retain com
missions from school taxes colled ed
by them.
; Attention is called to the fact that
the . machinery nt of 1903, chapter 251:
rralxe- no provision for commissions
or .collection of county taxes, and
such cor.ir.;ss:oa3 can be paid only
under section 723 of the code
CH AFFIX v. M'F-G. CO. From
Davie.
On petition to re-hear; former ruling
affiirmed.
As a riparian owner is entitled to
recover nominal damages from one.
wJxo ponds water on his land to any
nn
ru
THE
North Carolina's Leading Dry Goods Store,
BE
In
Ours is truly a great holiday store, and besides
the ornamental we are displaying most comprehen
sive selections of useful articles for Christmas gifts.
Also showing recent purchases of Crepe de Chines,
Silk Warp Eolienes and Crepe de Paris for evening
wear, receptions, etc. sf r r & & r
9
Your
All orders will be given prompt and careful attention. Skilled Mail Order people
will give strict attention to the most minute deails.
Free Delivery Ye will prepay postage, express or freight charges any
where in North Carolina on all cash mail orders amounting to $5.00 and over.
We give Gold Trading Stamps with every cash purchase. One stamp with every
10 cents.
mm.M.L.t,-, 'f lllllM jT Yir
mm T71 11 1 mi mm i mil I ll ! I I WtWWmwm
extent, it was error on trial of action
to recover damages sustained from
water backed on plaintiff's land by
defendant's dam, to instruct the jury
that plaintiff was entitled to nominal
damages if the dam caused water to
be ponded on his land to any "appre
ciable extent."
ERWIN, appellant v. MORRIS. From
Cabarrus. Error.
"Where land was mortgaged to se
cure an usurious loan and the mort
gagor afterwards tendered the amount
less the usury, which was refused by
the mortgagee and the mortgagor sub
sequently conveyed the mortgaged
land, under a contract that the pur
chaser should pay the mortgagee "the
amount actually due," an order re
straining a foreclosure of the mort
gage on an affidavit of the mortga
gor's grantee as to the usury, was im
properly vacated
ing.
pending final near-
STATOX v. WEBB, appellant. From
Edgecombe. Affirmed.
Since the adoption of the constitu
tion of 1S68 it is useless to fudge on
the ancient distinction in forms ' of
actions. . ,
A mortgagee, who. after cancelling
his mortgage VUht by selling the land,
pays the sur?T-i- to the mortgagor, is
not liable for such surplus to a sub
sequent mortgagee or judgment .cred
itor; but the rule does not entitle the
mortgagee to apply the surplus to his
TOE UOIltf 1ST 0
HOLD
HAS"
UNTIL CHRISTMAS
H
SI
FE
mo
own unsecured debt ' due him by the
mortgagor, to the exclusion of a sub
sequent creditor, notwithstanding the
mortgagor's agreement that the sur
plus should be so applied in consider
ation of the mortgagee's services in
procuring a purchaser for the mortg
aged land at a price in excess of the
mortgage.
Unless specially authorized by
the mortgage the surplus
proceeds .of a sale of mort
gaged land, which surplus be
longs to a subsequent judgment cred
itor. Is not subject to an attorney's
fee paid by the mortgage for draw
ing the deed executed by the mortgag
or to the purchaser.
SMITH, appellant v. JOHXSON.
From Alexander. Error.
A proceeding under chapter 22 act3
1903 to establish a -boundary line be
tween adjoining land owners, properly
involves questions only as to owner
ship and the location of the line. Thy
act did not' intend that the proceed
ing should determine title; and occu
pancy by the plaintiff is sufficient
evidence of .ownership. Williams v
Hughes, 124 X. C. 3.
Therefore, wr -re, in such proof
ing, the defendant denies that, pi i -tiff
owns any land adjoining defend
ant, it is error on appeal from th
Merle's judgment granting plaintiff's
petition, to non-suit plaintiff, if there
is any evidence tending: to show that
Christmas
by Mail
POST. 8T7ND AT. DEOEMBEK
DAYS
at TucRer's Store,
IE
M
'8
L
he occupies the adjoining land.
While non-suits are proper in many
cases, it is better practice to submit
the questions raised by the pleadings
to the jury under proper instructions.
PLUMBING CO., appellant v. HALL
From Mecklenburg. Affirmed.
In an action to recover alleged bal
ance due on a contract to install a
water system in defendant's house
and construct a hydraulic ram in con
nection therewith, the defendant set
up a counterclaim for damages by
reason of incomplete work by plain
tiff, and on cros3 examination of plain
tiff's witness (who Tvna ita -U
stated that the dam used in connec- !
tion with the ram was built of trees1
rock .nd dirt, and plaintiff objected
to the evidence on the ground of ir
relevancy as the contract did not pro
vide that plaintiff should build the
dam.
Held that the evidence, even if ir-j
relevant, was not injurious to' plain- '
tiff, as there was no evidence that the
failure of the water was due to faulty
construction of the dam.
Held further that evidence bv a
physicaan. admitted as expert, th-?t
persons living in the house Svlth de
fendant, though not members ot' her
family, had suffered from malrria.
which the witness attributed to odors
arising from the bath room nd damp
ness in the house, was competent as
substantive evidence to prove de-i
1 1,1004
construction of the water sys-
festive
t
appellant v. CITY
tem. ' t
CANNADY,
OF DURHAM. No error. ' it
Where, in an action against J a city
- . . rr . nsrsonal injuries
for aamajrs ...
aintiff's failing
into
SUSiaillt- w.v r
. . i-: v. iofpndar
;hich defendant permitted to
orancn. vuii - , Qiwrt
across its
fa siflewaiit, mcr .v.0
run auiuM . . A
Uam IH6'" '
re beg no light at plac
fendant's answer denied that a side
walk had been established at the place
.aMent or the defendant had
Ul tiiU
armrnrriated the land as a
street or
sidewalk, the tnai juuge T"t."
the jury properly made defendant h
liability depend on the question heth
pstablished a sidewalk at the
I place of the accident or had exercis-
f" thf. land for SUCh
ed any luuuui tv.
purpose, and. if so, whether it had per-
. mittedUhe branch to -remain without
a- bridge and. had provided no light at
that place. . .
Where - plaintiff in an action against
a city to recover 'damages sustained
by falling into a branch-across the
"sidewalk in the night time, testified
that hx was accustomed to pass the
' dangerous place in the day time, but
at such times he left the sidewalk
just before reaching that point, as
other people did, and that he had not
passed the place at night before the
night he was injured, at which time
he did not leave the sidewalk as was
his custom, he was not prejudiced by
the charge on the issue of con
tributory negligenbe that if the jury
believed the evidence of .plaintiff he
well knew of the dangerous place, and
failure to use ordinary . care in avoid
ing it would render him guilty, of con
tributory negligence.
j HEDRICK v. SO. RAILWAY CO.,
appellant. From Davidson. Affirmed.
i It is competent for plaintiff, In an
action against a railroad company for
damages for death of his intestate
caused by contact with a bridge over
defendant's track, to introduce a por
tion of a paragraph of the answer
1 which admitted Intestate's death as
alleged, without being compelled to
introduce the remainder of - the para
graph, immediately following and pre
ceded by a comma, to the effect that
the bridge across the track was prop
erly constructed and that at a point
on the track on each side 1 of the
bridge, and some distance therefrom,
defendant had properly adjusted ropes
for the purpose of warning employees
of the approach to the bridge: Lewis
; v. Railroad, 132 N. C, 382; Stewart v.
Railroad at this term.
' In an action against a railroad com
pany for damages for death of plain
tiff's intestate caused by his coming
in contact with an overhead bridge,
there was evidence that defendant had
ropes suspended vertically over the
track at a sufficient distance from the
bridge on each side, for the purpose
of warning employees standing on the
cars, but that this device could not be
relied on as a sufficient warning, .be
cause the ropes sometimes became
tangled and caught up above the
brakeman's head, and that the bridge
was not sufficiently high to prevent
striking one standing erect on a car
Held proper to overrule defendant s
exception to the charge that defend
ant was negligent if the jury found
that the bridge was too low to pre
vent contact with one standing erect
on the cars, unless the jury also
found that defendant had provided
"warning ropes" which proved suffi
cient protection to an ordinary care
ful and prudent man, that mere know
ing by intestate that the bridge was
too low would not render him guilty
of contributory negligence, but it was
his duty to exercise ordinary care with
reference to the danger and the pecu
liar situation the greater danger, the
greater care, and in determining
whether intestate contributed to his
injury the jury might consider the fact
that he had served as flagman on that
division of the road for three or four
months immediately before his death.
WOOD v. FLEETWOOD, appellant.
From Perquimans. Affirmed.
A condition of non-alienation, even
for a limited time, annexed to a de
vise either in fee or for life, is void
as against public policy.
Where a testator devised to his wife
for life and appointed her executrix,
and the will provided that at her death
the heirs shall "select an administra
tor to manage the estate" and make
settlement every year, and at the ex
piration of five years after the wife's
death the testator's two children
should make partition of the estate,
"own and occupy the property during
their natural lives" and at their death
it "should go to their lawful heirs,
and should they have no surviving
heirs," then to the testator's heirs, it
was held that under the rule in Shel
ly's case, a remainder in fee vested
in the testator's children, and the wife
having fully administered on the es
tate the provison in reference to the
selection of an "administrator" upon
her death was rendered invalid. .
Held further that the ulterior limi
tation to the heirs of the testator u
6n failure of heirs of his children, does
not render their estate contingent, as
the testator's heirs are; necessarily the
heirs of his children.
The term "lawful heirs" in a de
vise is construed 'to mean the heirs
designated by law to take from their
ancestor.
When the words of a devise jbring it
within the rule in Shelly's case, the
rule will be enforced the devisee's
contrary intention notwithstanding.
But when the instrument indicates an
intention not to use the word "heirs"
in its technical sense but as descrlp
tio personam, as by the term "he'rs
of the body" the testator meant child
ren, the law will endeavor to effectuate
his intention.
The rule in Shelly's case applies only
when the same persons will take the
same estate, whether they . take by
descent or purchase; in which case
they are made to take by descent.
But when the persons taking by pur
chase would different or have other
estates thtn thev would take by des
cent from tV- first taker, the rvle
(lws not-r.py "nd the first taker is
confined to an estate for life.
LONDON v. .BYNUM. appellant.
From Chatham. Error.
Where a corporation's assumption of
T. .. . . ' two f part--
dUalS considera
ners of a firm as a y flrm of
tion for conveyance by j- b dneM
partnership Pf'being secured by
Sf the two .partneni fnf conveyed
a deed of trust onthe lna
to the corporation-and aUo Dy
for land belonging there
third partner, " - by Wcorpo-
from the burden ofhe debt,
A Russo-Japanese Alliance
'(New York Times.)
- Will . Russia and Japan "toately
'"t ho!nodfS SvaT
Russian diplomatist that is hat uus
sia contemplates and what
supposed to be capable, .of. ..Naturally
the caolition of these two great pow
ers would be expected to carry ith t
the practical sway of China and if
tne Russian has his . way, the exclusion
of the Occidental powers from influ
o r trade, Russian frankly taking
her stand with the Asiatics and open
ly adopting what she appears to think
is the policy of the Asiatics as oppos
ed to that of Europe and America In
other words what the Russian diplo
matist seems to expect and hope is
that his country and Japan shall act
the parts of the two robbers Quarrel
ing over rich booty, who suddenly
agree to divide it and drive ' away all
that would share it with them.
No doubt the exact operation of .the
Japanese mind in the future may be
difficult to forecast. It has given the
word already a series of tremendous
surprise, and it is open to any one
who chooses to argue that it will give
us still greater, and that they will be
as abhorrent to the civilized world as
her immediate past has been accepta
ble and admirable. But there is ab
solutely nothing in what Japan has
done to justify the belief that she will
engage in any such cynical and brutal
undertaking as this Russian ventures
to propose. His whole plan rests on
the assumption that Japan seeks the
same ends in China that Russia has
appeared to seek, that she regards
power there only as a means of ex
action and extortion, as booty to be
either selfishly grabbed or selfishly
bargained away. As a matter of fact
her idea, as disclosed in her practice,
has been the complete opposite of
this.
Canada and Reciprocity
(Chicago Record-Herald.)
The dominion parliament will as
semble In January, and it is under
stood that the government will at
once institute a searching inquiry into
the alleged need of more adequate pro
tection. Premier Laurieris bound to
consult all interests and classes, how
ever, and is doing that he cannot fail
to run up against the demand of large
classes of producers for reciprocity
with, the United States.
It appears from a letter in the Bos
ton Transcript, based on an interview
with Sir Wilfrid, that the Canadian
government would gladly entertain a
suggestion toward reassembling the
-joint high commission" and making
another attempt at evolving a recipro
city arrangement with the United
States. It is not true, we are assuredt
that the people and government of the
dominion are utterly indifferent. Rath
er are they perfectly willing to discus3
reciprocity with us, though not on the
old basis, still favored by men like
Senator Lodge.- .
Canada could not be Induced to low
er duties on New England manufac
turers in return for lower duties on
her "naturals," but she Would view
with favor a scheme involving reci
procity in coal, ores, fish, lumber, fruit
and raw materials generally. The
liberal organs are now reviving the
discussion along these lines and warn
ing us that continued inaction will
expose us to the operation of the
treble tariff, which will contain max
imum duties against countries levy
ing high duties on Canadian products
and "standing pat" on them.
His Order for Eggs
There is a certain lawyer in the town
who devotes all his leisure time to th2
perpetuation of elaborate and solemn
jokes. Nobody on earth is too august
for him to tackle. He was in London
last summer, and one morning- he went
into a. restaurant with his most digni
fied air, and proceeded to order break
fast. "I want two egg3," said he to the
waiter. "I want one fried on one side,
and the other fried on the other."
The waiter nodded and withdrew. A
little later he returned.
"Beg pardon,1 sir," said he, "but I am
afraid I didn't quite catch your order.
"Would you mind repeating It?"
"Not a-t all," said th American, sol
emnly. "I want two eggs, one of them,
fried on one side and the other on th
other." "Thank you, sir," said the waiter, "r
thought that was what you said, but I
wasn't quite sure, sir."
Five minutes later an apologetic
waiter returned to the American's el
bow. "I beg Pardon, sir," said he again,
but the cook and I have had some
words. Would you mind having those
eggs scrambled?"
Army Derersions
(Newark Advertiser.)
Desertions of enlisted men from the
army a.e increasing doubtless the
causes are many. All of them are not
known, but some oft them are. Lieutenant-general
Chaffee reports that af
ter investigation, which includes talks
with many men in the guardhouses,
the main trouble is not with the ser
vice, but with the men. who enlist
without careful consideration and find
army life different from; their expec
tations. Since tne abolition of the
canteen. -desertions, as well as intem
perence, have increased and army of
ficers are convinced that they bear
the relation to one . another of cause
and effect. General Chaffee officially
SO DIFFERENT
Lots of Claims Like This, But
so Different-Local Proof
is What Raleigh Peo- .
pie Want
There are a great many of thein.
Every paper has its share.
Statements hard to believe, harder t
prove. -Statements
from far-away places.
What people say in Florida,
Public expressions from California,
Ofttimes good indorsement .there,
But of little service-here at hrtruc.
Raleigh people -want local proof.
The sayings of neighbors, friends aaj
citLzens. .
tt endorsement counts.
XlUillv v
It disarms the skeptic; is beyond d:s.
pute.
Thi3 is the backing that stands behir.i
every box of Doan's Kidney Pills. Her,
is a case of it:
John F. Knox, linotype operator tvith
the News and Observer, residing at 3:4
S. Blount street, says: "I have used
Doan's Kidney Fills and from th cat;s.
factory results obtained I take grea:
pleasure in recommending them, i j'f.
fered frcm backache for some tirhe, an
when this remedy came to my noti
I obtained a box at the Bobbitt AVynn?
Drug Co.'s drug store. I have not hai
a return of the backache since using
Doan's Kidney Pills. You are welcorr.i.
to the use-of my name as one who can
endorse the claims made for them. '
For sale by all dealers. Price 5
cents. Foster-Milburn Co.. Buff a
New York, sole agents for the Urlt:i
States.
Remember the
take no other.
name Doan's a::'l
favors the restoration of the cant?
and there is little doubt that it v...;; I
help in the prevention of desert io .
In his annual report the chief of stnfj
considers the subject of deserter
'and suggests efforts to check th:
spread by military methods have fail ;
an effort be made through statt
He would have loss of citizenship tk
penalty for desertion, to be rest-:; ! .
only after the culprit has served t!j
full term of enlistment and receive !
an honorable discharge. Such laws, h
believes, would empty the military
prisons of two-thirds of their 0 :
pants. Such "a measure, harh as i:
seems is none too severe for the of-.
fense. v In time of wrar the deserter !
shot. In time of peace! imprisonn.e
when the man is caught, may ?.t4
j the purpose of "punishment, but r- ti v
' ing else. If the enlisted man. kno - 3
j that by deserting he loses his citizeS
ship he will be less likely to run
away.
Modest Benefactors of the Race
(From the 'New York World.)
An Iowa college professor bv u u.-i
ing the farmers the best way to !.! -!
Seed" corn, has increased the Iowa' cot r
crop 25 per cent. A Maine college pi
fessor is teaching the Maine faniidj
how to breed hens that will lay tw;
as many eggs as the ordinary fov.1
Cornell professors are teaching dtiiy
farmers how they can get more u;;u:
of milk from their cows. A Min::e?cu
college professor is introducing a h.r
dy breed of wheat that will make !
ter flour. A Nebraska college p:' f -sor
studied out a new system of .v. -tivation
whiqh enables grain K '
raised without irrigation on what-iw.J
once called .the arid belt.
What the German professo-rs ari1ir
ing for chemical products the profc?'.
sors of the American agricultural c
leges are doing for farm product?.
The increased value of the Tom
corn crop this year is about the 'an 3
as the increase asked for in the-navy
appropriations. The college profeF? r
who studied out the improvenier.t h
seed corn gets a salary of $",0l''J- i
year. All the agricultural colleges. i"i
the United States do not cost as n:v. h
as one new battleship. -
It must not be overlooked that .ill
these improvements concern v
body in New York city. .More
means more, beef, pork and. pou'.t:y.
More good wheat means cheaper llo.ir.
More productive hens and cows r.vv.:i
cheaper eggs and milk. The rnii:io;-s
of consumers in the cities benefit
much as the farmers.
Miss Krupp's Huge Income
(Frcm a Berlin Cable Dispatch. 1
Bertha Krupp's Income froni t;
great Krupp Company, of which
owns nearly every share of th
S4;
000,000 capital stock, is $2,4X',0'.'0
, $200,000 a month, about $6,G00-a day
The company has just declared
6 per cent annual dividend. ;
But this great.income does not
ure the wealth of the richest y -woman,
in the world. Miss Mi'
the elder of his daughters,- 1
years of acre, inherited from Ik" 4-
1
ther, the great cunmaster. th
works at Essen, the ship works ?
wharves at Kiel, and all hi ho;
coal mines in Westphalia and
Conservative estimates make the v
ue of this property $75,000,000.
Miss Bertha will receive yet ;r
money at her mother's ' death, t Vr
great ironmaster left not -less ti.
$150,0C0,00O, out of which will
splendid fortune for his you.ir
daughter, Miss Barara.
t
Ftght Will Be Bittor
Those who will nersist in c"
1 their ears acrainst the continual rr
mendation of Dr. King's New Pi
ery for Consumption, will have a i
? and bitter fight with their n '
if not ended earlier by fatal ten
tion. Read what T. R. Beall of r
Miss., has to say: "Last fall my '
had every symptom of consun;','1
She took -Dr. King's New Dis '
afver everything else had failed. 1
provement came ' at once and
bottles entirely cured I. sr. Gunra-'
by all druggists. Price 60c. and
Trial bottles 10c.
tfj
a a
4
11
b
v.
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