. ; 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. 1 1