Newspaper Page Text
THE MA<~OK TEU-ORAPH : TUESDAY MORNTNG, AUGUST 16, 1904.
Summer Goods!
flust go, they have served
their purpose with us.
Have kept us busy all sea
son, now they go regard
less of price or values. We
need the shelf and counter
room to place our fall goods.
f
All these bargains have
been carefully arranged for :
easy shopping. Come today. :
♦
♦♦♦♦♦♦♦4444444e444444e44444444444444444444444444
MACON RIFLEMEN
OFF FOR BIG SHOOT
Captain R. C. HazieHurat, Accompanied
by Sergoanta Burt and Johnson, Lsft
Thia Morning for Fort Riley, Kan.,
to Contest for Prizes,
At 4 o'clock this morning the Pull
man sleeper handed toward Kansas
had aa three of Its passengers Macon
riflemen, who are now rapidly ap
proaching Port Riley, there to remain
for a number of days and participate
In the great rifle shoot. The big con
test Is to be held on the United States
military reservation at Fort Riley. On
thoee grounds a number of Important
shoots have been held, but the one
this year Is expected to eclipse all for
mer events.
The party of Macoq men who left
at the early hour were Captain TL C.
Haslehurtt of the Macon Volunteer*-,
and Sergeants William J. Burt and
Harrison Johnson of the same company
They were met at the union depot, en
route, by a delegation of riflemen from
the Savannah companies, but of all
the companies in the state the Macon
Volunteers send the largest number of
men.
Captain Haxlehurst and his fellow
riflemen from Macon hope to be able
to reflect credit upon the crack shots
of Georgia. That this will be done
there Is but little doubt, as the trio is
composed of as skillful marksmen ns
there are In the state, and although
they should fall to capture prises. It Is
nafe to say that a hard run for money
will be made.
You won’t be
wrong if you
get Gamble’s
Tooth Powder.
Your druggist has it.
v™ Buy Whiskey
or any other article of merchandise,
you must to a targe extent depond upon
the honeety of the dealer.
WE’RE NOT ANGELS
or eaints— (if we were we would bo out
of business)— but whatever you buy of
us. you can rest assured it it just at
represented. Your money back for the
asking on all purchases.
Pure Whiskey
to your taste. All Wines and Llquora
of the best quality at very low prices.
who.it Whiskey for putting up fruit $2 per gal.
e (Express paid) $3.25 per gal.
i Rye (Expross paid) $4.00 per gal.
nmous Schlitz Deer than ever before. We
APPEARING OLD.
Acte. as. a Bar to. Profitable. Em
ployment.
You cannot afford to grow old.
In these duys of strenuous eoiYioetl*
tlon It Is necessary to maintain, as long
i possible ones youthful appearance.
It is Imposlble to do this without te-
talnlng a luxuriant growth of hair.
The presence of dthdritff indicates
is presence of a burrowing germ
hlch lives end thrives on tho roots of
le hair until It causes total baldness.
Newbro’s Herpleldo Is the only
known destroyer of this pest, nnd It Is
i effective as 1t la delightful to use.
Ilerplclde makes an elegant hair
dressing as well as Dandruff cure.
Accept no substitute- there Is none.
Sold by all leading druggists. Bend 10
nts In stamps for sample to The Her-
plclde Co.. Detroit. Mich. Lamar it La
mar (Sol lloge's old stand), Second and
Mulborry streets.
i the
arket.
Sam & Ed. Weichselbaum
301 THIRD ST., MACON, GA.
► 444 4 4444444444 4444444444~444444444+44~44*444+4 4-444*
l horter Quicker
j Exactly 24 Hours
! From riACON To
] World's Fair, St. Louis,
i Via The Southern
ML) ITS CONNECTION'S.
Choice of Routes Via
inooRa, Lexington, Cincinnati,
inooga, Lexington, Louisville,
tnuoga, Nashville, Evansville.
m: ham, Nashville, Evansville.
AND M ANY OTHERS.
'mik Cart- leave Macon 3:05 a.
ALL
ENTRIES HERE
FOR BIG TOURNEY
Full Schedule of Games Will Bo Played
Today—Intoroat Growing to White
Heat—Ashe Won First Match of
Play Ysatcrday Afternoon.
"Who misses or who wins a prize,
Clo lose or conquer if you can;
But If you fall or If you rise,
Be each, pray God, a gentleman."
All entries for the big lawn tennis
tournament which opens In full bluat
this morning on the courts at the Log
Cabin Club, are In Macon. Each train
entering this city yesterday carried
number of players, nnd today the ho
tels have each a full quota of those
who will compete for tho state chum
plonshlp.
llu In yesterday allowed but one
match. This was played between II
M. Ashe and R. H. Mlllett. both Atlunta
players. Ashe won In two easy sets,
by scores of 6 to 1 and 6 to 0.
Tho drawing which wns held yes
terday morning at the club resulted
as follows: singles. Rldgley vs. Gunn;
Mnson vs. Jon*-*; Tlchenor vs. l*ayno;
Williams vs. winner of McXelll-Grunt
mutch: Williamson Harold, mutch
winner, vs. Solomon: Hlnrkshear
Taylor: Mlllett vs. Ashe, won by Ashe,
and LoriUi vs. Smith.
Double* - Psyng and Logan va. liar-
I Mason; Ashe nnd Smith vs.
and McNeill; Solomon
vs. Blaekshear and Rldgley
nson and Jones va Grant and
Tnyloi
Gunn
W'IIIIm
Millet
ami 1:35 1
Ticket-
U: 1*
For full particular*. World’
tickets, $4840; 15-day tickets,
Fair literature, etc., call on or
Today’s Program.
>—1.0*1 n va Smith, court, 1
felll v*. Grant, court 2.
mum u .1 Gunn va lltackahear
tldgUy. court J.
;o -Payno vs. Tlchenor. court 3.
I0—Rldgley vs. Gunn, court 1.
llanm va winner of Grunt-M<
match, court 2.
m. -Mason vs. Jones, court 1.
:kahear va Taylor, court 2.
Ilnmson va Harold, court 2.
. ro.--Williamson and Jones v
and Mlllett, court 1.
is nnd Smith vs. Taylor and M
court 2.
ne and Logan va Harold and
Present at the
G. R. PETTIT, Depot Ticket Agent.
1. \V. JAMISON*. City Ticket Agent.
JAMES I KHUMAN, Traveling l\i
rry St.. \U Ga. ’Pltom- 4:4.
engcr Agent, 567
► ♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦ 444 44 4~44~4 44 44~4~444+4«
In broke up the
’or the afternoon.
I she and Vlct
cracks listed In tl
Macon yesterdi
Evans, J.— 1
hurr.palt to
operty.
(a) The pel
for i
■<1 had be
debt.
tnd Merchants’ Bank va
Co. Complaint. Before
ferro. City court of
►ne having the legal title
lgfully converted by an-
-lve the tort and sue In
recover the value of the
ltlon filed In the present
tly alleged a wrongful
the defendant; and the
?rly brought In the name
om the property con-
pledged as security
SUPREME COURT OF GEORGIA.
(Continued From Page Six.)
815. Conkley va. Southern Railway
Company. Before Judge Sparks.
City court of Waycross.
Simmons, C. J.—1. An action for
personal lnjurle* against a railroad
pauy foreign or domestic (Mitchell
va By. Co., 118 Oa. 815; Hazlehrust va
Ry. Co., Id. 868.) must be brought In
ounty in whic h the cause of ac
tion originated. If such company have
an agent In that county; and a judg
ment rendered In any other county la
utterly void. Civil Code, section 2334.
2. If the company have no agent in
the county in which the cause of ac
tion originated, the action may never
theless be brought In that countv the
court having power to perfect service
upon the defendant. Pevereux vs. At
lanta Railroad Co.. Ill Ga. 855;
Mitchell vs. Railroad Co. 76 Ga. 398.
3. Where there Is no agent In the
county in which the cause of action
originated, then, if the company be a
domestic corporation, suit mav be
brought In the county of the residence
of the defendant; or, if It be a foreign
corporation leasing <>r operating a do
mestic franchise, suit may be brought
in the county of the residence of the
companv owning tho franchise. Civil
Code, sections 1863. 2335. If. however.
It be a foreign corporation not oper-
tlng under a domestic franchise. It
bus no residence in this state, within
tho meaning of the Civil Code, sec
tion 2334; nnd the action, if brought
In this state, must be brought In the
county In which tho cause of action
originated, whether the defendant
have an agent in tluit county or not.
Judgment affirmed.
Tootner & Reynolds, for plaintiff; Kay,
?nnet it Conyers, for defendant.
9. Brenau Association vs. Harblson.
marshal. Petition for Injunction.
Before '.Judge Klnisey. Ilall supe
rior court.
Candler. J.—1. The case of Mundy
1. Van Uoore. 104 Ga. 292, Involved
different parti*-* from the case at bar;
und while the questions In the two
cases are similar, the doctrine of res
ndjudlcata does not apply.
2. Property of a corporation having
. capital stock, formed for the "busl-
of conducting an educational In-
tItutIon and having the absolute
nershlp of all the realty and personally
employed In such enterprise, with the
right to convey It ut will, and to make
any desired disposition of the Income
derived from the fees charged for tul
tlon and board. Is not exempt frogi tax
ation under the political code, section
762.
Judgment affirmed
G. II. Prior and H. IL Perry, for
Plaintiff; W. F. Findley and W. 8.
Plckrell, for defendant
820. New England Mortgage Secur
ity Company 'vs. Abdcrson. Felder
& Davis. Odmpi *l»t. Before Judge
Lumpkin. Pulton superior court.
Fish. P. \J.—1. Upon the general
principle that secondary evldenn
not admlssable unless a proper foun-
laid therefor, a copy made
by a witness, whose deposition has
been taken at the Instance of the plain
tiff, of a letter written by the witness
to the defendant, la not admlssable
us original evidence, unless the non-
production of the original la account
ed for, though It appears that, in
answering Interrogatories propounded
by the plaintiff, the witness used the
copy letters to refresh
und the sam*
answers i| .... ...
witness In his answers says he make
such copy a part thereof.
t. An assignment of error not re
ferred to In the brief for the plaintiff
In error will be considered as aban
doned.
2. The evidence warranted the ver
dict, and the refusal of a new trial
was not erroneous.
Judgment affirmed.
W. E. Simmons, for plaintiff In er-
Doisey, Brewster & Howell, for
lants.
(b) Even if In such a case It is nec
essary to allege a demand for payment
and a refusal to pay, the plaintiff's pe
tition. as to this matter, was as good
aa against a general demurrer.
Judgment reversed.
Marlon Turner and E. W. Jordan,
for plaintiff; Evans & Evans and Raw
lings & Howard, for defendants.
823. Barlow vs. Strange, next friend,
etc. Cancellation. Before Judge
Holden. Washington superior, court.
Cobb. J.—1. A petition alleging that
a contract entered Into between three
parties on one side and one on The
other was Invalid, and praying that
the entire contract be set aside and
cancelled. Is not supported by evidence
that the contract was invalid as to two
of the three contracting parties.
2. The charges complained of were
not erroneous for any reason assigned;
and the requests to charge, so fur as
legal nnd pertinent, were coerced by
the general charge.
Judgment reversed.
Evans A Evans and James K. Hines,
for plaintiff In error.
Rawlings & Howard. T. W. Hard
wick and E. W. Jordan, contra.
4 Patton et a!., executors, v. Camp,
sheriff. Money rule. Before Judge
Henry. Floyd superior court.
Candler, J.—A owned two pieces of
real estate of approximately equal
value, which were mortgaged respect
ively to B and C. B foreclosed his
mortgage, and the property which It
covered was sold by the sheriff. Prior
V> the sale tax executions against A
were placed In the hands of the sher
iff. with Instructions to claim nnv
money coming into his hands. The
sheriff applied tho money realised from
the sale under tho foreclosure pf B’s
mortgage first to tlje payment of the
tax executions and court costs, nnd
paid the remainder to the attorney for
IJ. leaving an unpaid balance due on
the mortgage. Subsequently C’s mort
gage was foreclosed, and the property
which It covered sold. B sought a ruTo
agnlnst the sheriff to require him to
pro rate the amount due on the tax
executions between the two pieces of
property, but dl not make C a party
or bring Into court any fund arising
from the sale under the foreclosure of
mortgage. Held, thfjt the rule
against the sheriff wns properly dls-
■ ,' u- i
Judgment affirmed.
Rowell, Copeland & Rowell and C.
M. Yeates. for plaintiffs; Fouche &
Fouche, for defendant.
825. Randolph v. Brunswick nnd Bir
mingham Railroad Company. Dam
age*. Before Judge Porker. Glynn
superior court.
Lamar. J.—l. The pendency of the
first Is ground for tho abatement of a
second suit for the same cause of ac
tion: but subsequently filing a socond
suit In the same court Is no ground
for the dismissal of a writ of error
sued out previously to the ruling in
the first action.
2. That the court erred in directing
a nonsuit is a sufficient assignment
of error on such ruling, nnd presents
ths question whether the evidence was
sufficient to require the case to be sub
mitted to the Jury. 4 .
3. The evidence failed to show that
the deceased had any defect In sight
or hearing. It appeared that the track
was straight and the view unobstruct
ed: that the train were running on
schedule time at a high rate of speed;
that at a point of 2700 feet from publlo
crossing the deceased suddenty stepped
upon the track; and that between the
time he stepped thereon and the time
he was struck it was Impossible to have
stopped the train, and prevented the
killing. This evidence warranted a
Judgment or nonsuit, regardless of the
question whether there was a variance,
or whether the deceased could, by the
exercise of ordinary care, have avoided
vs. East Tenn. Va. and
Cut Prices
In every department in
'V- ,
our store today. Posi
tively no summer goods
will be carried over if
a low price will move
them.
Benson & Moore,
The Up-To-Date Clothiers.
Gone Away For the Summer
You want to write to her and you want her to
write to you. Something good and stylish iu
engraved stationery is tho correct thing.
You will get the best at
Stevens’ Jewelry Store,
366 Second Street.
J0(>x«xxxxx)c00cxx300000000000000000000000000000000000!3
Always the Best
WILLOW DALE RYE
I Pure, Mellow==Eight Years Old. |
j One gallon in Jug, ■ = Express Prepaid, $2.45
i Four Full Quart Bottles, Express Prepaid, $2.85
) - - - - - -
1 Sold Only By
| A.&N.M. BLOCK!
Macon. Ga. jjj
:i DOOGGOOO OOC CXXSOGOOOOOOOQC OO.JOOOOOOO OOOOOOGOOOOOOOOO (!
to refresh hi* mcmorv. ... f•
I ha. be.-n attached to lit. I }!’*
»n exhibit, and that the
def.
AUGUST
From
OLD POIM
CAROLINA HLACI
1 7th,
Augusta, GnlfSIpJ:
$10.50
6.00
821. Becker va. Shaw. Before Judge
Calhoun. City court of Atlanta.
Fish* P. J.—1. Where a party vol
untarily testified that he acted In a
given transaction under the advice of
hit attorney. It was not cause for a
new trial that hla attorney was per
mitted. over bis objection, to teetlfy
to the same thing.
2. Although the evidence demanded
a Verdict for the plaintiff, the court
err«-<l In directing a verdict for the
amounts of principal, interest, and at-
torn eye* fees, as therein stated. The
civil code. Par. 2883. prescribes that.
-When a payment ia made upon any
BEAD THIS
Will Save You
V ,
25c to 50c on the gallon, as I buy
direct from the distillery. . . .
Express Prepaid
4 full qts. Old Edgemont Rye....$4.00
1 gal. Jug Old Edgemont Rye.... 3.60
4 full qts. Horse Shoe Rye 3.00
1 gaL Jug norse Shoe Rye 2.75
4 full qts. Big Horne Rye........ 2.90
1 gal. Jug Big Horne Rye 2.50
4 full qts. Old Harvest Corn 3.00
1 gal. Jug Old Harvest Corn 2.75
Express paid on 2 gallons or more
$2 goods to same address in jugs.
1 gal. jug Old Corn Silk Corn.... 2.00
1 gal. jug Old Key Stone Rye.... 2.00
Jug and bottle trade a specialty.
Orders filled same day recoived.
Everything guaranteed as represent
ed or monoy refunded.
da, April 14.
Dcthen AD -Dear
rtifv th it l rO' *-ived
the" bottle of Hair*
v. huh l Knight of
. not think there la
1 " ' .: i
with la. ba. k
ATLANTIC COAST LINE
TICkhTbUMlli.il 1M kl llKN ON VN\ Ik’llN ism SEPlLSRI.lt hi. 111.
I.LIAM v'RINE, Fayette
A TEXAS WONDER.
Judgment affirmed
Burton Smith and D. W. Kraus*, for
plalttff; V. E. Twltty. J. D. Sparks.
Atkinson and Dunwody and Crovatt,
Whitfield, for defendant
826. Mohr and Sons vs. Mattox, sher
iff. Befor Judge Parker. Charlton
superior court.
Evans. J.—1. The lien of a judgment
rendered on an unsecured claim of a
creditor, within four months of the fil
ing of a bankruptcy proceeding by or
against the bankrupt act of 1898, null
and void If the debtor be duly adju
dicated n bankrupt; and In that event
the Invalidity of such Judgment lien
relates back to the time tho judgment
was entered. McKcnney vs. Cheney,
118 Ga. 317. distinguished.
2. It follows that such judgment
creditor is not entitled to a rule abso
lute against a sheriff for a failure to .
make the money due upon the execu
tion Issued on such Judgment, where 1
the defendant In ft fa. Is adjudicated
a bankrupt
8. The provisions of section €T of I
the bankruptcy act apply to both vol- {
untsry and Involuntary bankruptcies.
Judgment affirmed.
Travis and Edwards, for plaintiffs;
Tootner and Reynolds and Leon A. Wil
son, for defendant
817. Miles A Bcadt vs. City of Atlan
ta. Complaint upon contract Be
fore Judge Reid. City court of At
lanta.
Cobb. J. The petition set forth no
cause of action, and was properly dis
missed on demurrer.
Judgment affirmed.
Fraser & Hynda for plaintiffs; James
L. Mayson and William P. Hill, for de
fendant
828. Kent vs. Southern Rell Telephone
and Telegraph Company. Damages
Before Judge Reid. City court of At
lanta.
Lamar. J.—L Where, with full
knowledge of the existence of a ditch
I In a highway, and without any emer-
I gency requiring It to be crossed, one
I endeavors to pass over the excavation,
he will be treated as 1
J. T. STEWART,
Phone No. 306. 416 Poplar St. Macon, Ga.
ily asr
i*d all of 1
olun
ska Inc
* occasioned by
ng Into the exca-
it the wet or loose
? ooooooooooocooooooooooooooooooocoooooooooooooooooooo
Bibb Manufacturing Co.,
Macon, Oa.
Manufacturers of
Cotton Yarns, Warps,
Twines, Hosiery, Etc:
IS and 20 Thomas St.
New York Office.
COOOOOOOOOOOOOOCOOOOOOOOOOOOOOOOOOOOOOOCOOOOOOOOOOOO^:
dermlnlng whereby the bank caved
w*hen the crossing was attempted.
4. The petition charged that the
ditch was three feet wide at the top
and six feet wide at the bottom; that
this defect was known to the defendant
and unknown to the plaintiff, who could
not have discovered the same by the
exercise of ordinary care; and that the
hank caved In as she attempted to step
across the excavation, causing serious
personal Injuries. The petition set out
a cause of setion.
Judgment reversed.
8. C. Tapp, for plaintiff; Dorsey.
Brewster A Howell and Hunt Cbipley
for defendant
829. Bovd v*. McArthur et at. Ihm-
820
Judge Reid. City
lantA.
Candler, J
for a tort
which he v
which he (
vi tit
1 he die
Judj
t ratify, and from
t derive any benefit
•rood.
>ld for plaintiff In err on,
z Zl. Jackson, next friend, vs Georgia
KIHKI
UIIAK
C. 1: Uz; V
A.,
1 til: : ^’ )n, N. C.!
.34 U. I -Jtv
I'uCer, Jr, tor <