ft
THE RALEIGH EVENIN G TIMES;; WEDNESDAY, -MAY 9, 1900.
CHILD LABOR
LAW CONSTRUED
Supreme Court Decides
Against R. J. Reynolds
ROLLINS WINS SUIT
Hoy Hurt in Tobacco , Factory Wiih
Viider JVlye,t Years of Age, and
His Negligence Was Xot Contribu
tory, Court Holding That Lower
Opinion Was Wrong Other Cases.
The 'supreme court, in the appeal
or Willie. Rollins vs. R. J. Reynolds
Tobacco Co., from Forsyth county,
decided yesterday evening, construes
for the first time important phases of
the North Carolina child labor law
Chapter 473, section 1, Acts of 1903.
The Rollins child was under twelve
years old, was working in ths R. J.
Reynolds factory, had his hand
caught in a lump cutter and torn off.
A suit for ?10, 000 followed. The
child told in the court the manner in
which the accident occurred and de
clared that no effort was made in
employing him to ascertain his agi.
The Tobacco Company, through
counsel,-entered a demurrer to the
evidence on the ground that th?
child's statement showed that his
own negligence caused his injury.
The trial judge sustained the de
murrer. However, in ; the .appeal the su
premo court, Associate Justice Con
nor writing the opinion, orders a new
trial, on he ground tlmt the trial
judge should have, in ths light of the
testimony, submitted the case to the
jury instructing them that 'if they
lot' nd the facts as tesiilied to by the
child the Tobacco Company was
uniliy of negligence in employing the
child, either knowing his age to be
Hurler tvT.sTve or 'failing' to have the i
certificate of his parents as provided j
i- ti,o ciutntc- .hot if thev found
vt 1 " ----
t ltot uurh nodtfotiPH Wl till llVflxi-
mate:cause of the injury they should ;
answer the first issue "Yes.'
"The court declares that:
To "permit the defendant to es - -
' 1 iiuiiiiitv u viuititiuii ui me ;
ii i n.-,.. p k .
statute
by saying that it did not an- j
; this particular condition,
t ictpato this p
with Its disastrous results, would be
to nullify the law. Of course it did
not anticipate this particular re
sult: if it had done so, the employ-
nientjwuuJd not have be?n negligent,
but ctfmiBal. The state says to oni-
loye hat they must not take the
children ? tinder twelve years into
loyeiyt "hut
their milte and factories, that to do
so endangers their life and limbs,
dwarfs them mentally, morally and
phvsically; that it is npon the '-children
that the permanent power and
wellaj'Mof the state depend. They
must not, uelow the tender age fixed
bv the statute, be brought into con
tact with iron and steel machinery
piopellod by powerful agencies of supreme court rules that the verdict dor: Mrs. W. C. Morton, past com
stimuli and electricity. Considered ,' of 'the jury below shall stand except ; mander; Mrs. ,1.' R. Bissett, sergeant;
from any point or view, the right of us to the fourth issue "What -Mrs. ("has. Smith, mistress at arms.
Hie child to grow to at least the age amount, if any, is the plaintiff eliti-
named in, the statute in pure atmos-jtiea.io recover, ot tne defendant lor
jihero. .without danger of mutilation . failure to exhibit the machine at. the
of body, dwarfed of mind, and to at-., .exposition?" This was answered be
tend the schools provided by the low $5,000. ; A new trial as to this
state, the legislation is founded upon issue is ordcrsd. .
ii vi i'i(? and humane policy." ; j
The court lays down the ruling;
that the'' principle of contributory
negligence does not apply to children
under twelve . years of age. The
court says: "Adopting the standard
of law in -respect to criminal liabil-j
itv. we think a child under twelve
years of age is presumed to be inca-:
pable of understanding- and appreci-
ating danger from negligent, acts."
In concluding the elaborate opin-
ion the court declares that "The in-
dustrial lif3 and development of the
slate are not only consistent with
nut promoted by the exclusion of
children from the mills and factories.
The child educated and developed be
fore beginning work of this kind be
comes not only more useful and ef
liciont but in all respects a better
A Stock Of
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TRUNKS, HAND BAGS, SUIT CASES
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S . C . P O O L,
RALEIGH, N.C.-
COVERED
FROM
HEADJO FOOT
With Crusted Scaly Eczema When
One Month Old Could Brush
Scales Off Body Young Lady
is Now 17 Years. Old and Skin
is Without a Scar Cured By
CUTICURA REMEDIES
AT EXPENSE OF $4,50
"When I was one month old I was
taken with eczema. After being under
the. treatment of two doctors for one
month and no improvement, mv
-mother was advised by a druggist
to try Cuticura Soap and Ointment.
1 was one crust, of sores from head to
foot. My mother could brush the scales
off my body; and my finger and toe1 nails
fell. After using six cakes of Cuticura
Soap and about as much Cuticura Oint
ment I was completely cured. I am now
seventeen years old and my skin has not
a scar. I am still finding wonders in Cuti
cura; after washing a fever blister two
days it was completely gone." Vour
Cuticura friend, Miss Eola Glasscock,
Oct. 27, 1905. . Marksville, La.
The attention of parents is called to
the fact that the Cuticura Remedies
were used on 11 one month old baby
with complete success, proving what we
have always claimed that these great
curatives are so pure, so sweet, and so
delicately medicated that they may bo
used on the youngest infants.
cuticura"rbibies
Are the Best for Skin and Blood
"About throe years ago my face be
gan to get rough with acne and kept
getting worse. A year ago 1 read in
a paper of the Cuticura Remedies for
the skin and blood. I sent for them
at once. I used the Cuticura Soap,
Ointment, and Pills, and in three
months my skin v.as soft and smooth,
and the pimples have all disappeared
without the services of a physician. I
think the Cuticura Remedies are the
best that any one can use for the skin
and blood." May G. Sehipferlc,
Sept. 5, 1905. Santa Paula, Cal.
Cnlli'iira Soop, r intmrrtf,anl I'iili arc solil throughout
Iht' wurU 1'olh-r Itru Clmii. r 'iFp.. Solr f 'rnpn., Uukton,
MaM OJ- acud for " How u Cart lyr the SUu.''
citizen."
Incidentally the court calls atten
tion 10 an omission from the chap- i
'4 . of 1903. in its incorpo-
i ration into tne lauj Kevisal, the
first section being left off. This!
changa, the court says, makes the
-
; 'nowi
inS the
knowingly and willfully" employ-
in. The reference to this in
the opinion is declared to be to
bring the matter to the attention of
the General Assembly in order that 1
section 1 may be restored if so de
sirde. Damages Too Vague.
Another Forsyth county case of
interest decided is Winston Cigar-
ette Machine Company vs. The Wells
wnteneau company, in wnicn in :
ine irun oeiow a verenct ot ? i i
actual expenses and $5,000 estimat-1
ed damages was allowed the plaintiff ;
for the failure of the defendant to i
exhibit a cigarette machine made by
the-plaintiff at the St. Louis' Exjiosl-j
tiou as they contracted to do. The ,
Siiiiiiner's Sentence Stands. '
'-.'..In' State vs. Summers, the appeal
from Guilford, in which the Singer I
Sewing Machine ngsmt at Greensboro
was sentenced to a term on the roads
on the charge of embezzling .money
collected by him, the finding of the
court below is affirmed. His defense
was that the company was due him
commissions to the amount of the
money retained. On the witness
stand Summers had exhibited $l,41fi
(the amount embezzled) and the
trial judge had declined to allow
him to answer a question as to
whether he was willing to deposit
the amount with the clerk of the
court to await the result of a civil
suit testing the justice of his claim
of arrearage in commissions. This
refusal to allow the question was the
in onimuon oi PiiiHi in nor rinnpnn on,1
N KS
.--I
principal fb(iitd for, ' jtfie appeal.1
.The trial judge is sustained in his
position on the ground that the fact
of willingness to restore property
does, not constitute a defense for em
bezzlement. The full list of opinions handed
down are as follows: '
State vs. Summers, from Guilford;
no error.
Dickerson vs. Simmons, from
Surry; new trial. ,
Machine Company vs. Tobacco
Company, from Forsyth; new trial.
Rolin vs. Tobacco Company, from
Forsyth; error.
Rankin vs. Michim, from Gaston;
affirmed.
Puett vs. Railway, from Caldwell;
new trial.
Martin vs. Houck, from Caldwell;
affirmed,
State ex rel., etc., vs. Gibus, from
Burke; plaintiff's appeal docketed
and dismisssd under Rule 17.
"X suffered habitually from consti
pation. Doan's Regulets relieved
and strengthened the bowels, so that
they have ueen regular vcr. since."
A. E. Davis, grocer. Sulphur
Springs, Tex.
l-ADV MACCABEUS
EXTEKTAIX KXIGHTS.
The Lady Maccabees gave an en
joyable entertainment, last night in
honor or the Knights of the Macca
beus in their hall here.
A large audience was present,
i The address of welcome was deliv
ered by Or. V. C. Morton. Alter
jthis there was an interesting drill by
i twelve of the Lady ..Maccabees, the
! evolutions being given without one
error. The ladies taking part in this
! were .Mrs. ,1. R. lUsseil, Mrs. George
: Kelly, .Mrs. Charles Smith, Mrs. J. E.
j Turner. Mrs. W. ('. Morion, Mrs. W.
I A. ISuck. Mrs. B, Koontz, Mrs. B. E.
I Rogers, Miss Bessie Gill, Mrs. Robert
! Conrad, Miss Margaret Woodward
and Mi's. William Garnet t.
; State Auditor B. F. Dixon delivered
J a magnificent address on "Fi aterni
j ty." He told of the value of frater
nal OrdJis and then spoke at length
1 concerning the -Maccabees and the
! growth of the order, telling that since
i its reorganization in 1SS6 there had i
been paid out twenty millions of dol-i
j lars in sick, relief, and death bene-1
;lit.s. As to the Lady .Maccabees he!
told how in the four years existence j
of the order it had enrolled over two
hundred thousand members and had
out over two millions of dollars
''. .
Miss Frances Renfrow was then
'rd in a number of recitations that
Each lady had brought a basket of
fruits, cuke, and other delicacies, and ;
these were auctioned off to the gen
tlemen present. In each basket was
lM" u ul lne laa' w na Prc-
pared it, and the buyer then had the
pleasure or sharing the dainties with
lady who had prepared the basket.
The. baskets were auctioned' off at
figures ranging from ten cents to one
dollar and sixty-five cents.
The Kniirhts of the Mjicealiees niini-
i1P1. in i?i0ii, ,..i.,.,H f
this fraternal insurance order -133
members, while with an existence
i,ero of only three months there are
35 members of the Lady Maccabees,
the oflicers of the order being Mrs.
E. G. Horlon, lady commander; Mis.
.Martini Dowell, lieutenant comman-
! Henderson Graded School
Plastered With "Tite
. Hold."
'
Henderson, X. C, March 21, 1906.
Guilford Plaster &' Cement Co.,
Greensboro, X. C.
Gentlemen : Replying to your
favor in which you ask for our opin
ion of your Tito-Hold Wood Fibre
Wall Plaster, will say that we have
used this plaster on the Henderson
graded school building, and same
has been satisfactory to both the pro
prietors and ourselves. Wo consider
that you have a material equal to
any of the patent plasters.
Yours truly,
(Signed) E. L. WEAVER.
Weight
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Price 50 cents and $1.00, by leading
druggists or mail. Prepared by the
Vfctional Toilet Co., Paris, Tenn.
Boylan-Pearce
BOYLAM-FEAKCE GO.
CANDIDATES CARDS.
CAXDIDATK VOll SOLICITOR.
To the Voters of the Sixth Judicial !
District: !
I desire to call your attention to the i
fact that I am a candidate for renoml
nation to the office, of Solicitor of this
District, subject to the action of the
Democratic Disiii-jt Judicial Conven
tion. During my term of office I have !
ndeavored faithfully ami impartially to
execute the duties incumbent upon me, !
and in asking the nomination for a sec- j
ond term at the hands of my party I j
rely upon the record mado by me in the
performance of these duties.
Very respectfully, i
: ARMISTEAD JONES. !
AXXOrXCF..MF.XT. i
To the Voters of Wake County: i
1 hereby announce myself a candi-1
date for a scat in the House of Rep- j
resentatives for Wake County, sub-1
ject to the action of the Democratic j
Primaries. ; : !
Respectfully,
CHARLES U. HARRIS.
Announcement.
After being solicited by many of
my friends, I wish to announce to the
public that I am in the field as a
candidate for sheriff ot Wake county,
subject to the primary.
J. II. BOBBINS.
- 10-tf
For- the House of Itcprcsentativcs.
To the Voters of AVako County:;
I hereby announce myself a candi
date for a seat in tho House of Rep
resentatives for Wake County, sub
ject to the action of the Democratic
Primaries.
:. Very respectfully,
ROBERT H. JONES.
NOTICE BY ADMIXISTKATOR.
Having : qualified as administrator
upon the estate of Mrs. Annie J. Stain
back, late of Wake County, N. C, this
is to notify all persons- having claims
against the estate of said Mrs. Annie
J. Stalnback to present the same to mo
on or before April 2nd, 1907, or this no
tice will be plead in bar of their recov
ery, and all person ' indebted to said
Mrs. Annie J. Stainback are hereby
notified to make immediate payment to
m-
TMs March SOth, 1906.
LEO I). HEARTT,
Administrator of Mrs. Annie J. Stain
back. Ernest Haywood, Attorney.
March 30th, 1906. 1 w. S w.
rOU'VB TRIED THE REST, NOW
TRV THE BEST.
OTEY
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Tile Yarborough House
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ami leading colors in woman's tailor made Suits.
$l:5..- man tailored Suits lor $10.00.
.$ 1 7.50 mail tailored Suits for $10.00.
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$10.00 man tailored Suits for $22.50.
PLEASE BEAR IN MIND
that (lie sales begin Friday morning May 1Kb; also (hat the store will
be .closed Thursday, .May 10th, at 1 p. in.
MAIL ORDERS RECEIVE PROMPT ATTENTION.
Stockings Free
If Not as Represented,
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Ol Jt REST SHOE SEASOX.
So far (his lias been our very best season for flic sale of Shoes.
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WE GIVE TKAIHXG STAMPS.
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reputable goods are selling today. These brands
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Apple Brandy, $2.00 and 93.00 per gallon.
Rye Whiskey, f 1.50, $2.00, $2.50 nad 93.00 per gallon.
Mountain Whiskey, $2.00 pef gallon.
Corn Whiskey, $1.50 and 92.00 per gallon.
Yadkin River Cora, 4 full quarts, $2.50, express prepaid.
Albemarle Rye, 4 full quarts, 93.00, express prepaid. '
All the leading brands, best quality, at lowest
prices. Write for price list.
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Terminal Cafe
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Fresh Pics and Cakes
i Cold Drinks a Specialty.
1
Real Estate
and Insurance
11 W. Ilargett St.
trXKQl'AtED IX XORTII
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I RALEIGH I
V J
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I RALEIGH I
V N. C.
X- -.-- A.
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