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.