I CsOTHAMrTY GOSSIP
a A Hundred Thousand Babes a Year,
Wonderfully Low Death Rate.
PranRs qf Overgrown Town
By EMEL
Special Correspondence
The old woman who lived In a shoe,
nrwT hafl n manv oh Ud'r An sVi a Hlrtn'fr
know what to do, Isn't In it with
Father Knickerbocker unto whom, ac
cording to thefereport of the recent
census, no less j than 50,943 babies
were born drrtng the first six months
of 1905. -.- . -
Certainly no "old woman," whether
she lived In or out of a shoe, or even
two shoes, would know what to do
with 50,000 Mbies all under six month3
old. And it is but fair to the old wo
man to admit that old Knickerbocker
is put to his trumps to care for the
avalanche of young blessings that is
rushing down upon him. He is build
ing unto himself houses and barns, as
history of the world. Among the
houses, be it said to his credit, are
more than a hundred big new school
houses; and yet, thousands of child
ren in this city cannot get seats in
school.
Along with the increase in schools
has come a smaller proportionate in
crease in parks and playgrounds.
What a problem it is, indeed, to
take care of 100,000 new babies every
year! It means fifty new school
houses annually at the very least; and
in ten years, with all duo allowance
for death?, there will be nearly, one
and one half million of children under
1." years o'. age.
No, indeed, the "old woman" and
her shoe are but a feeblr myth com
pared with the mighty reality of
crowded N?w York.
Proud of its Hoa'th
This big town has statistics to back
Us boast of healthfulnest..
Among' other facts in the recent
report of the health department not
the least gratifying statement is that
In regard to mortality statistics. "Dur
ing the first six months "f the cur-
rent year, there were
only 37,769
during the
deaths as against 42,690
same period last year.
This will reduce the death
record I
from 19 in a thousand-to 17, -which is
counted a marvelous record for a
rrowded and rapidly growing city.
It tpeaks volumes for the milk and
;vater supply and for the food inspec
tion. :
It must rot be: suppored, however,
that' either water: or mils are ideally.
pure, nor that all food exposed for
sale Is of the sounde?.. : Yet there
is con?tant watchfulness over the . wa
ter, supply, aid mJk-deaers stand un
der the lash of the law often enoug-h
to prevent widespread adulteration.
One day during the rait week, $1000
in fines was collected fom fortv dif
ferent milk-dealers.
In the food and fruit Inspection de
partment, were condemned, confistica
ted and destroyed, withJn the past six
months, one million pounds of meat
and fish, four million pounds of fruit,
and -seven millions and, a half pounds
of other food.
All of which total loss of value
falls on the tricky dealers who tried
to run 'the health blockade.
World's Greatest City
When. New York passes London in
population"' an? according to the
present rate of growth, that will be
the fact before another ten years go
bythere will be a grand jubilation
up this way, a noise that will be heard
among the nations of the earth?.
At present, only London of all the
world's cities, with its six-and-a-half
millions of people, la ahead of New
York which cpunts a population of
4,342,000, and an Increase of nearly a
million inhabitants within the past
five years. If it goes on at this rate,
1910 will see us with five millions and
a half people. There are now quite
that many who live within a radius
" miles from the ciay hall, on lo-t
e'r Manhattan Island. This area, how-.-Ver,
includes the cities of Newark,
Jersey City, ' Hoboken, Bayonne, Eli
labeth, and many other smaller com
munities all In the state of New Jer
?ey. But without all these towns, which
?et so much of their life-blood from
his great business center, NeWjYofk
!n a few years now, will take rank
js the largest city in the world. As
ihe leading city in many lines it is
now fully recognized. '
Rowdies and Rioters
That was a funny cartoon in one of
the New York papers, the other -day.
Tr. Parkhurst, who is forever ' berat
Hng this town for its badness, was
represented as giving a severe scold
ing to a very unclean and unkempt
little boy labeled "New York." "You
young reprobate!" -the doctor was' say
ing. "What have you been doing?"
And , the boy answered, -"Well, you
were gone all summer, and I had no
body to tell me what to do!"
But Dr. Parkhurst has a good deal
to .scold about just now.
. Rowdies and rioters are an Increas
Ing and not a vanishing quantity In
New York. A wise ma n , may be able
to render a reason therefor, but . it
will take seven wise men, and more
than seven thousand strong men - to
put a curb upon the fractious mobs.
Only last Sunday, a congregation
of 2000 pious Hebrews were set upon
and stoned as they held a prayer
service in the open air. The police
charge it to face prejudice and say
that young Italians and Irish hood
lums were the guilty assaulters. This
supposed alliance between the sons
of Italy and Ireland seems all the
more queer when it is well-known that
there Is usually all out a deadly feud
JAY
ot The Morning Post
between the two.
During the summer months, he was
a lucky man who could bring his wife
and children home on a late car with
out exposing them to the loud and
coarse ribaldry of half-drunken men
and boys.
Rows and stabbings on the cars
were not infrequent. Indeed, within
the past week ' two such disgraceful
scenes occurred in the heart of the
city, greatly . to the peril and terror
of decent men and women shut up in
the cars with the brawlers. ,
Then there are the "Cherry Hill
gang," the "Hell's Kitchen gang," the
"Dovers Street gang," the "Gas House
gang" bands of thugs, every single
one of them carrying a chip on his1
shoulder, knocking it off himself if he
can't get any one else to do it for
him.
It is the delight of these lovely
specimens of civilization to jump on
and pound to a jelly, stray police
men, and there exists an acknowledg
ed but suppressed feud between each
of those gangs and the bluecoat rep
resentatives of law and order. It
takes a brave policeman to walk "his
beat with steady pulse when that beat
is in the bailiwick of one of the gangs.
Lately one of the bands has been
almost disintegrated under the per
sistent raids of the police. Its leaders
have been sent to state's prison, and
the lesser scoundrels have joined
themselves to other .. bands. After a
while, the situation will probably get
so bad that the public will take hold
In earnest, and all the nests of vio
lence will be cleaned out and the ring
leaders sent to Sing Sing.
Notes About Notables
Dr. McArthur, the eminent divine,
gives it as his opinion that the aver
age young woman marries with no
more thought than she gives to the
purchase of a new hat.
Does the good doctor put it strong
enough? Did he ever see a womar
buy a hat? If men and marriage were
studied with the
goodbye Cupid!
same
care! ah,
Emma Eames has just come from
the other side with her lovely soprano
all ready for grand opera. There Is
no denying that Manager Conreid has
hierh Eames. - '
Will N. Harben, the author, is one
of the' few writers who can "do
things" of a practical nature. Guests
at the tasteful pretty apartment In
121st street have full proof of this.
When the salad is served Mr. Harben
casually admits that he 'is responsible
for trie Mayorinaise. And when the
quaint low-ceiling dining-room is ad
mired, its deep window-seats and
small panes of glass adding to the
general harmony information Is given
that the author himself "fixed all
those panes of glass wth his own
hands." After sufficient astonishment
has been expressed, the truth is out:
"he did, indeed, fix it all with his own
hands, but the fixing consists in mak
ing a wooden framework of small
squares,, the whole fitting over the
glass sash, and giving the undoubted
appearance of quaint small-paned
windows. A most ingenious idea it is.
Mrs. Harben herself unites the ar
tistic and the practical in an unusual
degree. She can sing, charmingly, en
tertain a parlor full of guests, cook a
dinner and make a dress all with
equal ease, and all well done. Songs
by the southern poets, Stanton and
Loveman, are among Mrs. Harben's
favorites. - ' ,
There are two handsome sons in the
TTnrhATi household.: The home is an
ideal one, and a choice circle
friends gathers there. ,
of
DIGEST SUPREME
COURT DECISIONS
(By J. C. Biggs. Supreme Court Reporter.)
CORPORATION COMMISSION, Ap
pellant, v. RAILROAD. From Wake.
New trial. 4
1. The legislature has the power to
supervise, regulate and control the
rates and conduct o'f common car
riers' and this regulation may be ex
ercised either directly or through a
commission.
2. Under the act creating the Cor
poration Commission, it has the pow
er to require a railroad to put in
track scales at such points as the
quantity of business may justify it.
3. This power cannot be unreason
ably exercised and. such orders are
subject to review ' by the superior
court and by this court.
4. The court or the. jury, upon prop
er instructions, asVthe case may be,
should pass upon the reasonableness
and necessity o fan order of the Cor
poration Commission requiring track
sca4es to be put in.
5. Where there was evidence that
the defendant had put in track scales
at other points where fewer car loads
were shipped and that the petitioner
paid annually $30,000 in freight and
that the defendant offered to put
them In if the petitioner would pay
higher rates (amounting annually to
$950,! nearly the full costs of scales
and of putting them iij) - than was
paid by shippers at points where scales
had! been put in, held that the -evidence
was sufficient to be submitted
to the jury, on the reasonableness 'and
necessity of the order.
S.The fact that the petitioner would
cut and ship lumber only two more
years from that point does not per se
make .the order unreasonable, when
from that point for five years and
had ten years cutting at another sta
tion on the defendant's 'road, to which
the scales could then be mov,ea.
7. It is not the number of shippers
but the " number of car loads to be
weighed which is the test whether it
is reasonable to have facilities for
weighing car loads, upon track scales,
at a station and it is immaterial that
the petition affected only one point
and one shipper:
HAWKINS v. LUMBER COMPANY
appellant. Error. From Jones.
1. Growing timber is a part of the
realty, and deeds and contracts con
cerning it are governed by the laws
applicable to that kind of property.
2. Where deed conveys all timber
now standing, or which may be stand
ing on . certain lands during the period
of fifteen years from and after the
tinv.when the grantee shall begin to
Cut and remove said timber and the
vides by a subsequenttime in which
time in which to begin to cut and
remove said timber and the time in
which to begin to cut and more said
timber is not limited, and provides
by a subsequent clause that the gran
tor assures unto the-grantee the full
term of 15 years as above set v forth
within which to cut and remove tim
ber hereby conveyed, held, that the
instrument conveys a present estate
i of absolute ownership in the timber
moved within 15 years from the time
of commencing to cut allowing a
reasonable time to begin such cut
ting (The opinion in Mfg. Co., v.
128, N. C, 46 criticised).
3. That part of the deed giving an
unlimited time to cut and remove the
timber will be rejected because it is
indefinite and repugnant to the first
part of the stipulation as to time,
and because it is contrary to the in
tent and purpose of the parties as
indicated by the entire Instrument.
SHERROD v. INSURANCE CO., ap
pellant. From Martin, affirmed.
1. A by-law of the defendant com
pany which provided that any member
failing to pay his assessment within
60 days from date of notice ' (which
date shall be the day of mailing said
notice) shall forfeit all rights in the
company, is subject to rebutal on the
part of the plaintiff by showing non
receipt of notice, the defendant hav
ing properly post paid and addressed
the same.
2. All contracts and by-laws of an
incorporated society are made with
reference to the general law and they
must conform to certain general re
quirements in respect to vested per
sonal and property rights of members.
BUNN v. BRASWELL, appellant.
From Nash. Error.
1. A consent judgment providing
that the defendant has an equity to
redeem the land upon the payment
to the plaintiff of $600, on or . before
the first day of October next, and if
this payment is made oh or before
that day the plaintiff will convey said
land to the defendant, but in case of
failure to pay within the time limited,
the defendant shall stand absolutely
debarred, and foreclosed of and from
any and all equity or other estate,
established the relation of mortgagor
and mortgagee" and notwithstanding
the provision of strict foreclosure, that
relation continued to exist after the
day of forfeiture and under Sec. 152
(3) of the Code, ten years possession
of the defendant, after default, bars
the plaintiff. , .
HUGHES, appellant, v. WARE
HOUSE CO. From Franklin. " Af
firmed. 1. Where the defendant, in reply to
plaintiff's letter of inquiry about W.
stated that "we regard W. as a reli
able and trustworty gentleman with
whom your samples and sales would
be entirely safe and doubly so as all
tobacco of yours that might be ship
ped would direct to our warehouse and
payment for all such tobaccos would
be made by us to,, you for all sales"
held that defendant's demurrer on the
ground that the letter did not con
stitute a guarantee was properly sus
tained. x
C ARRAWAY, appellant, v. LAS3I-
TER. .From Greene. -Affirmed.
1. The approval by the judge of the
clerk's findings of fact is conclusive,
unless the exceptions, for that there
is no evidence to sustain them, can
be sustained.
2. A person Indebted cannot, by dl
upon contingent lim
itations to parties not in esse prevent
their sale for payment of his debts
until all who may by possibility tike
are born or every possible contingency
is at an end.
3. In aspecial proceeding by an ex
ecutor, to sell the lands of his testa
trix to make assets to pay her debts,
a devises (without children) to w7f-
the entire estate ; was given for life,
remainder to such children as she
might leave surviving title for the
purpose of enabling the court to pro
ceed in the cause and children there
after born to her are bound by "the
judgment.
4. The superior court has, indepen
dently of the Code, the power to ap
point a guardian ad litem ' for an in
f ant and it may at any time during
the progress of the cause," fdr sufficient
reason looking to the proper protection
of the infant's interests remove a
guardian theretofore appointed and
name some other person and the clerk
who acts as and for the court may do
the same in special proceedings pend
lng before him.
5. In a special proceeding by an ex
ecutor. t sell lands, the clerk has
power to appoint a guardian ad lit
em for an infant defendant, where
the ex&tutor was the general guardian
of su--: infant.
6. Where a petition for license to
sell land was filed on October 12th,
and the clerk on the 15th day of the
same month and before any summons
w.as issued, made an order appoint
ing a guardian ad litem this was ir
regular, but the service of process
uuon the infant defendant and the
guardian ad litem, - followed by the fll
ing of an answer by him cured the
irregularity in the order of appoint
ment. '
7. In the absence of fraud, a pur-
chaser at a judicial sale, la . only, re-
ouired to see that the court has juris
diction of the person and the subject
matter for his protection.
8. The failure to appoint a guardian
ad litem of a minor husband does
noc affect the validity of a decree of
sale of land, where such husband had
no interest In the land, his wife hav
ing: tut a life estate. ..
9, In the absence of an order to
suspend further proceedings upon the
fidng of a caveat, as provided fy
Tee' ion 2160 of the Code, the acts of
the executor in filing a petltkm ai-d
proceeding with the sale of the.iand
were not void nof ere the rights of
purchasers affected.
10. The fact that litigation was pen
ding in regard to the title to. a portion
of the land solch and thft by reason
thereof and the pendency of a caveat,
persons were restrained from bidding
for the land, would not constitute
ground for setting the judgment, etc.,
aside, such matters could only be con
sidered in a separate action to at
tack the proceeding and sale for fraud.
Special Rates via S. A. L. Ry, to Richmond
United Order True Reformers. One
fare ; plus 25 cents. Tickets sold
September 3-6, final 'limit Septem
ber 14th.
HOT SPRINGS, ARK. Special excurs
ion rates. One fare plus. $2.00.
Tickets limited 60 day?. Sold first
and third Tuesdays in September.
CHATTANOOGA, TENN. Erection of
monuments by the state of North
Carolina, Chicamauga Park, Sep
tember 17rlS, final limit five days
from date of sale. One fare plus
$2.00 round trip.'
DENVER, COL. National Encamp
ment Grand Army of the Republic,
September 4-7. Special low rates
to Denver, Colorado Springs or
. Pueblo.
PHILADELPHIA, PA. Patriarchs
'Militant and Sovereign Grand
Lodge. I. O. O. F.. September 16-23.
One fare plus $1.25. ickets sold
T h e sf
JI (i U X&
A. JUL JLlfcrU. JU.
Hotel, R"tLnisM
Norfolk, Va. and Refitted
Both American and European plan with popular Cafe
and Rathskellor. Prices very
W.
flote
O
O
Greensboro, N. C.
IJnder
New Maeag
And Undergoing a
Thorough Remodeling
Cobb & Pry, Proprietors,
"Why I Am a Policy-holder in the
National Life Insurance Company
Montpelier, Vermont,"
BECAUSE:
1. It is OLD, STRONG, LIBERAL, UP-TO-DATE and PROGRESSIVE.
2. It is PURELY MUTUAL ALL of its profits are POLICY-HOLDERS
PROFITS. -
' 3. It is Just, for it invests its assetts where it expects to do business.
It has nearly $200,000 invested in North Carolina securities.
"Why do I work for the National Life?" " "
BECAUSE: I
It Is a GOOD COMPANY for agents; it is liberal with its agents. ;
Its contracts are the simplest, its applications the shortest and its
policies the most liberal, easiest to explain and easiest to sell.
Do you want one of these policies or do you want to sell a policy thaH
Is worth ONE HUNDRED CENTS ON THE DOLLAR? Call on or address,
SHEETS & GUTHRIE, General Managers,
, Raleieh, N. C.
DRAUGHON'S
Practical Business College
RALEIGH
KNOXVILLE
Incorporated $300,000.00,
ness men. No vacation.
send for Catalogue.
POSITION. May deposit money for
tuition in bank until course is com
pleted and position is secured, or give
notes and pay out of salary. In thor
oughness and reputation D. P. B. C. is
to other business colleges what Har
vard and Yale are to academies.
We do gas piping and electric
September 13, 14 and 15, final limit
September 25th, with privilege of
extension.
RICHMOND, VA. Farmers' National
. Congress, September 12-22nd. , One
first, class fare plus 25 cents.
Tickets sold September 10, 11 and
12, final limit September 25th.
Special rates account of occasions
not mentioned above will be furnished
upon application; also time table or
any. additional information. Address,
C. H. GATTIS,
1 " Raleigh N. C,
Special Rated via Southern Railway
$3.15. Raleigh to Greensboro, N. C,
and return account Central Car
olina Fair. Tickets on sale
October 9, 10, 11, 12, and morn
ing trains 13, final limit October
16, 1905. Rate Includes one ad
mission to the fair.
$4.10. Raleigh to Winston-Salem, N.
C, and return account of For
syth County Fair. . Tickets on
sale October 2nd to 4th, inclu
sive, and for morning trains
October 5th, 'final return limit
October 7, 1905. Rate includes
one admission to the fair.
$5.30. Raleigh to Richmond, ' Va and
return account Richmond Horse
Show. Tickets on sale October
9th to 14th, inclusive, with final
return limit October 16th, 1905.
Rate includes one admission to
the show.
For full particulars call on any agent
or., address .
T. E. GREEN, C. T. A.,
Raleigh, N. C.
Notice- Change in Southern Railway Schedule
Effective Sunday, October 8th, South
ern Railway train No. 117 will leave
Raleigh at 7:50 a. m. instead of 7:00
a. m., returning arrive at Raleigh at
8:05 p. m. instead of 8:15 p. m.
For full particulars, address t
T. E. GREEN, C. T.. A.,
v Raleigh, N. C.
North Carolinians
Favorite Resort in
the Border City
reasonable,
L,. STARK, Manager.
Guilford
9
ement
COLUMBIA
ATLANTA
Established 16 Years'. Strongly endorsed by busi
Enter any time. We also teach -BY MAIL. Call or
SCHOLARSHIP FREE. To those
who take Bookkeeping .or Shorthand,
we will give scholarship free in Pen
manship, .athematics, Business Spell
ing, Business Letter Writing. Punc
tuation, etc., the literary branches thai
will earn for you BREAD AND BUT
TER. CONTROL YOUR GOOK
And you will have
Buy a
a happy horr
And you will have no further trouble.
Cooking done quickly and economically.
For Light, use the NEW WELSBACH.
A Big Light for little money.
Standard Gas
Electric Co.,
124 FAYETTEVILLE ST.
PHONE 228.
wiring. No charge made for estimates.
V RALEIGH. re.f .
iiz
INVESTMENT CERTIFICATES
FOR SALE BY THE '
Mechanics& In vestors Union
Owing to unusual demand for money for the erection of dwellings the
Company will place on sale at $12.00 TWENTY-FIVE FULL PAID TEN
YEAR COUPON CERTIFICATES, $10 0.00. At this price It given a net six
per cent, investment, secured by Real Estate Mortgages.
For particultrs, address, . -
GEORGE ALLEN, Raleigh.
LITTLETON FEMALE COLLEGE
Splendid location. Health resort,
grade of work. High standard of cul
vantages in Music. . Advanced courses
heat. Electric lights and other modern
Remarkable health record; only o
Close personal attention to the health
High standard of scholarship. All pu
CHARGES VERY LOW.
24th Annual, Session will begin Sep
dress.
REV. J.
xcelsior
RALEIGH, N. C.
With best and most up-to-date appliances and expe
rienced employees I insure my customers the best service
in the city.
Promptness, cleanliness, polite, courteous treatment,
least wear and tear, is 'our motto.
B. W.
All Phones.
STATE OF CONN ECTICUT7
. Office of the Insurance Commissioner,, v
' , Hartford, November 21, 1904.
Hon. Morgan G. jBulkeley, president, Aetna Life Insurance Company, Hart
ford:
Dear Sir: You will find enclosed herewith a copy of the report of the ex
amination of your company that was recently made by this department In
compliance with the law providing for such examinations. The work began
on the 19th day of April and ended October 24th, 1904. The result of the ex
.imlantlon Is very gratifying to the department and fully confirms the state,
ment of the company as to Its financial condition. The figures show the sur
plus of the company as the result of this examination to be $3,047,248.4
more than, was claimed in the .statement filed with this department.! The
larger surplus, shown by the department's figures arises mainly from the
fact that you have charged yourselves with a special reserve liability of
more than 2,000,000 above that required by the statutes. The investigation
makes It quite apparent that the company is leading fairly with the policy,
holders and complying with all the requirements of the law. .
I Respectfully yours, ir
The Merchants Journal
- - - 1
Official Organ North Carolina Retail Merchants Association, .Association
of Wholeaale Dealers. Millers and Manufacturers of North and South Carolina.
NORMAN H. JOHNSON. EDITOR,
It has the largest bona fide circulation of any merchants paper published
in the south. , ,
Every merchant should -sad It. Special features: Commercial Law
Points, Advertising Hints, Window Decorations and Cards, National Bulletin,
Association News, Fashion Notes, Made Reports, Hints for the Clerk. Legis
lation, Trade Evils and Abuses. News Notes Concerning Commercial Enter
prises. Published In the Interest of and for the Merchants of the South.
Semi-monthly subscriptions received prior to July 1st, $1.00 the year. A Busi
ness Man's Journal. .
- Sample Copy Sent on Request
Tiir iirnniiUHTO 11
M mtn unnn 0 uuumlnL
1 a a .
RAEEIGH. NORTH. CAROLINA.
TRINITY
Four Departments Collegiate, Graduate, Engineering . and Law.
Large library facilities. Well equipped . laboratories in all de
partments of science. Gymnasium furnished with best apparatus.
Expenses very moderate. Aid for worthy students.
' .
Young men wishing to study
Law should investigate the
superior advantages offered
j, by the Department of Law in
Trinity College
For catalogue and furth Information, address,
D. W. NEWSOM, Registrar,
-t-.-tSv
TO GUARD AGAINST
OVERCHARGES
DISAPPOINTMENT
B U Y
SHEET IRON STOVES, .
SELF FEEDING STOVES,
Smoke Consuming Stoves
.. AND ;
; Paint Your House with S.W.P
ilOO
Over 200 boarding pupils last year. High
ture and social life. Conservatary ad-
in Art and Elocution. Hot water
improvements.
ne death among pupils in 23 years,
and social development of every pupil,
pils dress alike on a.'l public occasions.
tember 13th, 1905. For catalogue ad
M. RHODES, A. M.,
PRESIDENT. Littleton. N. C.
team Laundry
IS3
AKER, Prop.
126 Fayette ville St.
THERON UPSON.
Commissioner,
rUDLIOHlll
COLLEGE
DURHAM, N. C
uinimi n id vii Hi! nil p
ia uu., hid.