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The News and Observer from Raleigh, North Carolina • Page 5

Raleigh, North Carolina
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Extracted Article Text (OCR)

1 I THE NES AJTD OBSEKVEB, FEIDAT, SEPTEBJBEB 10 i OiliiT IS EXTEHT OF PLAXU FACTS FALL BLOOniilG IlTACINTnS, NARCISSUS. TUMPS, i I Tomorrow A. M. too late. Take a CASCARET at bed time: get up in the morning feeling fine and dandy.

No need for sickness from over-eating and drinking. They surely work while you sleep and help nature help you. Millions take them, and keep well. 894 CASCARETS 10c. a box for a week's treatment, all druggists.

Biggest seller in the world. Million boxes a month. Can State Grant Power to Divert RiveVs: Course i I Our only specialty is doing our level best to supply our customer with goods that will give absolute satisfaction tlff fa not encroaching upon or conflicting with any rights of defendant. It la neither ponding water upon or diverting water from defendant's lands or works. Plaintiff is simply aaklng that defendant be not permitted to encroach upon its rights; that defendant be prevented from diverting the waters of Roanoke river from the riparian lands and works of plaintiff.

"If the defendant has the right, as it claims, to divert the waters of Roanoke river for manufacturing purposes whenever and whatever quantities It desires, then all of plaintiffs rltfbtsmnd properties and the plants run byVlts water power depend upon the will and act of defendant. By stretehing a dam across the larger prong of the river, as it has the smaller one -Little River it can prevent the flow of any water to plaintiff's lands and works. "If It has under its charter the right to divert the water from plaintiffs lands and works, as it Is now doing. It must follow that It has the right to divert all the flow of the river and thus 'dry up' plaintiff and Its works and the dependent plants and destroy the riparian rights of plaintiff and of all lower riparian owners. It is impossible for us 1o conceive of the possession of such rights by defendant.

"Upon the whole ease the plaintiff submits that it should have judgment "1. For nominal damages and for costs, the- question of actual damages being by agreement reserved for future action. "2. For an abatement and removal of the dam or obstruction of the defendant in and across Little river, except to the extent and height of the original wing dam, to-wit, 100 feet into the river from or near the uppt-r IUNG'CRO WELL DRUG CO. Hitfsr's H.


Whitley, charged with selling liquor, was tried before Justice Stronach yesterday morning, and the defendant was released, as the evidence was not strong enough to convict. The principal witness for the State was Buck Buffalo, who; testified to having bought liquor from the defendant last Tuesday and on several other occasions. For the defense, Whitley himself was the first to go on the stand. He denied the statements made by Buffalo and declared that Buffalo did not even enter hi place of business on the day under discussion. He stated that his store was; public and that several of his customers were ladies, who would go info his store without hesitancy, as there was never any disorder there.

Upon being asked he stated that hfe sold near beer up to the! time when it was taxed by the city, but that he had never had any whiskey in his place Of business, aa he did not drink. The next witness for the defenae was a carpenter by the name of Johnson, who lives near the i city. This witness seemed toi be thoroughly "disgusted" with the prohibition law and boasted of the fact that when the city was under prohibition the 80's, he served twenty days on the roads because he refused to tell on ore who sold liquor In defiance; of the law. The defendant waxed warm in his arguments against prohibition, in fact so warm that he was told! by Justice Stronach to "keep a civil! tongue in his head" while he was giving testimony. He cooled down, but there was still "blood In his eyes." He stated that on last Tuesday, the time of the alleged sale by Whitley, he was at Whitley's place of business when Buffalo, the star witness.

1 made his appearance, but that Whitley objected to his (Buffalo's) entering: his store because he was drunk. Ernest Bridgers was the! next witness for the defendant and! was present when Buffalo walked up to Whitley's store last Tuesday, bjut he did not stay to see what Buffalo did. as he "knew how Buffalo wsat when he was drunk," and did not want to chew the rag with him. Bridgers stated that he had never bougbt liquor from the defendant. i Alderman Peebles, Messrs W.

A. Myatt and Paul Lee were put on the stand nd each testified that so far as he knew the defendant's! character was good. Exter Pool, who clerks for the defendant, took the stand and testified that the defendant's place of business was not arranged as to conceal any transactions and that no liquor had been sold there. The defendant was represented by R. N.

Simms. while the prosecution was carried on by City Attorney Clark. When the evidence was all! In, It waa found that It was not strong enough to warrant the defendant's conviction, so he was Whitley, says that Jim who is serving his county for selling li 1, fir i Raleigh, North Carolina VALUABLE FARM AND TIMBER LANDS FOR SALE. i Under and pursuant to' the au Congressman Claude Kltchln Closes I i Argument la Important Case Dcforo i the Supreme Court--Say Roanoke v' Navigation and Water, power Com- pany Can Divert Only Enough Wail ter Necessary for Nnvlgattonl Pur-poses. Acquired by Proscription Navigation' on Roanoke Canal Was Abandoned la manufacturing, in Its broad sense, A public use in North Carolina Is a power company which does no manufacturing but distributes power, a public use and distinguished from ordlna- ry manufacturing? These are two portentous questions that may be determined by the Su- ftreme Court In rendering its opinion the case of Roanoke Rapids Power Company vs Roanoke Navigation and Water Power which the argument was -concluded yesterday, the closing address to the court being made by Congressman Claude Kltchln for the plaintiff Both sides were ably represented In their counsel, 1 and Mr.

Justice Walker, after de-j scending from the remarked in pleasantry to- some 'f the lawyers: "You all -made such good arguments on each' side mind: Is' Judicially balanced." 'r It Is probable that this esse will be early decided, owing the Immensity of some of the questions. Involved, and to the possibility of new principles 14 this State being enunciated, or those with age being Interpreted to apply themselves to new conditions. It seems to be the concensus of opinion that the decision of the eousrj la this, case will clearly define the position of, the State with regard to ih manipulation of. one of the State's greatest resources, the almost unliml i4 water powers, and will decide, whether this factor so Important in -the 3onomles of both industry and commec, must look to-the state for the tight to utilize' auch water 1 powers, tor oal to the riparian land owners. Mr.

Kltchln discussed the rights of riparian land owners, saying that the plaintiff had purchased the land on each side of the Roanoke river, and 4 that the defendant claiming the State had I. given It th i right to divert the -water from the river to Its canal, had not given the plaintiff one cent for the dam je the latter had thereby With regard to how rlpa-lian properties may use Its water, the plaintiff contended that: it 1 Insisted by the defendant that If the plaintiff has any riparian rights they are limited to and can ba en forced only as to so much water aa Is used on plaintiff's own land. "This true If water was dl-" verted and not returned to wth stream from which it Is taken, so as to deprive riparian proprietors below of Its use. It is this diversion that Is the banls of plaintiffs complaint 1 against thi defendant. If, however, plaintiff returns the water drawn into its canal to the rjver; so as to give those owning land alont the banks of the river below plaintiff's property the full benefit thareof as It flows by their possesslona it so uses its own as not to injure another.

This it does and has a right to dow Each riparian proprietor can ln-, 'slst; and can only insist, that the stream, shall flow to his land. in the usual quantity, so that ha msy use the water for any purpo3o to which It can be applied There Is-no restriction upon this use, 'whether or-. -1 dinary or extraordinary. He may titll Ire the fall of the stream and divert Vtha water by means of canals 'or ditches so as to make it available for Sols Agents ftr WILL GRANT CIEQEDCY YOUNG SYRIAN TO RECEIVE MERCY AT THE GOVERNOR'S HAND. Application was made to Governor Kltchln yesterday for the pardon of Solomon Khoury, a Syrian, convicted at the August, 1908, special term of Cumberland court burglary, and sentenced to fifteen years.

Messra Q. K. Nimocks and J. G. Shaw, of Fkyettevllle.

and W. C. Douglass, or Raleigh, appeared for the family of the prisoner, and Mr. H. Cook, of Favettevllle.

represented Joseph Zahran. from whom Khoury, his nephew, stole about five dollars worm of money and goods. A largely signed petition, contain ing 79 names. Including the names of all the Jurors except -three, was filed, and both trial judge and solicitor recommend that the sentence be commuted to five years' imprisonment. Strengthening these was the presence of the mother and brother of the prisoner, the latter promising to make good all that has been lost If his brother should be pardoned, and It is understood that If the pardon Is granted the prisoner will be returned to his native home, where his father still resides.

A difficult matter in the case Is the charge of forgery against the young Syrian. He had been In the employ of his uncle In Fkyettevllle, who charges him with forging his name to a check for 8250. After the check had been cashed the young Syrian ran away to New' York, where he was arrested, and being returned to this State was convicted of robbery and given the long sentence. As an extenuating circumstance, It Is claimed that the prisoner Is not strong wltted. But his attorneys deny that lie lorgea the check, declaring that when it was written the prisoner was unable to both' English- -and Syrie-Chaldalo writing.

The forgery charge at the time of the trial nolle prossed with leave. vv. A case Is pending in Cumberland civil court. In which Zahran Is suing the bank for the I 50. claiming that the check wss forged.

What atti tude the bank is taking on the appli cation for the pardon of Khoury was not stated yesterday. governor took the case under consideration, Intimating that he was Inclined to grant some clemency, to what degree to be determined by other information he desires to obtain. ill OGTODER FlfTEEII WILLIAM MORRISON REPRIEVED, ELECTRIC- CHAIR NOT BEING READY. mV' tThe formal reprieve for the delay in the execution of William Morrison, the negro rapist from Robeson county was yesterday signed by Governor Kltchln." and the date of the electrocution aet for Friday, the 'fifteenth of October. v.

iThe negro was to have been electrocuted today, but the death chamber not being ready it waa found impossible to execute him as designated In the law. The electric chair and switchboard, expected some time ago. from New York, has not yet arrived, but It Is expected that before the month is over they will be In position at the State's prison. An expert will be here to Instruct Warden T. P.

Sale In the first electrocution under the new law, passed at the 1909 session of the General Assembly. si-tetituting death electrocution in the State's prison In place of death by hanging in the counties as heretofore. ess i Taught to Make Hosiery. In the textile department of the it M. College this year, the students are to be taught to make hosiery, this being a new branch In the institution.

and LILDIU8. PUnt early for best re sults. JCut FIower8a! Specialty Rosea, Carnations and all flowers In season. Wedding bouquets, and floral offerings, arranged In artistic style, ROSE BUSHES AKDj SHRUBS FOR FALL PJLANTTNO. J.

L. O'QUItili OOMP'Y 149 N. C. the court hold against the riparian rights the defendant could dam the upper prong of the Roanoke and take all the water from the river bed and the power plant that had cost the plaintiff 1750,000. If the defendant had the right to divert the water from the lower prong for manufacturing uses, in excess of the 60 cubic feet per second, the right to which they had acquired for proscription for navigation purposes, then they had the right to take It all.

For nearly a hundred years the canal was not enlarged, but when the plaintiff developed 8,000 horse power then the defendant diverted 200 cubic feet more per second and erected its plant. If one-half the water should be taken from the river, he declared, the plaintiffs property kto the extent of would be destroyedthis being the largest plant in operation in North Carolina except the pulp power plant at Canton. Mr. Kltchln said that for the purpose of navigation the State had a right to repair the riparian rights without compensation, but not for which he declared was not a public use. No riparian lands were condemned when the canal was established, and all the water except that necessary for the purpose of.

navigation must be allowedMo flow along, its natural channel. After the land, had been condemned in fee, as was the case in the defendant's property, It could be used for other purposes, but when It comes ta water, pnly enough might be diverted for the purpose of navigation. The 60 cubic feet per second was sufficient to run all the power of the defendant till HIT, In 1901 they enlarged their dam at. the lower prong, which was 100, feet In length, extending it to 300 feet.and made the; canal deeper and wider, thereby, taking .210 Instead of SO "cubic feet of water'- per second. The plaintiff did not know that the dam of the defendant had been enlarged In 1907.

and It soon thereafter brought suit. f'Are they taking thla -water from the natural channel for a publlo use or a private use. Tor navigation or manufacturing?" he asked. "They recognize that they; have got no right to take this for manufacturing unless this court holds that manufacturing la a pubho use and can use the power of eminent He stated that the. weight of authority says that riparian rights are the same on navigable waters as on non-navigable waters, but argued that the Roanoke river is not a navigable stream, as the court had held to the rule since 1124 that only such streams as had capacity to float sea-going vessels are navigable, and that the court having held that a river (the Pee Dee) which could float only batteaox.

canoes and flat boats did not have the capacity to float sek-gotng 'vessels and was not a navigable driver, and no kind 'ot vessels having been floated on the Roanoke, even such navigation as that having been aban doned in .1854, the Roanoke- was not navigable stream, Where the stream lat not Hie declared, the ownership of the bed Is In he riparian they owning to the center of the 'X With respect to the agreement entered into between the plaintiff and defendant In 1117 the contention of the plaintiff was: What the respective contentions of these two companies as to their respective rights to the use of the water ef Roanoke river, were, at the time the agreement was entered Into, and had been for several years prior thereto, well under stood by both of them. They were clearly outlined in he letters written in isso ana ibsi. I In Its letters df Msy 1891, plaintiff undertook; to define what were Its rights In -fthls respect, and. after doing so. gave the defendant notice that, aa It (the plaintiff) might need to exercise Its rights In the constructions contemplated by It at that time or in any future enlargement of its works.

It would claim damages for any diversion of the water of the river by defendant through its canal not necessary for navigation, and the right to have abated any structure creating suen oi version. "It is apparent from 'the express language of the agreement that both parties believed they had certain rights to the use of -the water of Roanoke river and which neither pro posed to waive or surrender, Each were equally cautious to safeguard those right nd to, the extent and In the respect- to which each believed or claimed they were entitled. Plain tiff expressly stipulated that the: 11 cense or therein granted the defendant shalf not be construed as a waiver of or concession bv It to the Roanoke Navigation and Water Power Company 'of any of its richta franchises and privtlegea to have the waters of Roanoke irlver flow by and through and upon Its property to the extent it- is entitled, to use and enjoy aaia waters ror any purposeaT for which It has the right to appmthe And the defendant that, the license or permission It therein grant ed the plaintiff 'shall not be construed as a waiver of or concession to the Roanoka Power Company of any or its rights, rranchises and privileges to draw the waters of Roanoke river into its canal to the extent-and tor the purposes it was entitled so to do i "So. while concessions were made. aa to these claims we carefully safeguarded.

If the defendant had the right to draw Into and through Its canal the water of Roanoke river, ad libitum, and carry tne same beyond the property of the plaintiff, giving to' the plaintiff the right to pond the, water upon and against the northern boundary of Its property, if It had or should ever do so, could not abridge or Interfere with that right, as the point of diversion was and is a considerable distance above where such ponding would oc cur. And. on the other hand. If the pieintitn had the fight to have the water of the river flow to and through and ufcon its property, granting the defendant the license to dump, Its mua, tc, upon plaintiff's land In cleaning out its canal for the purpose of strengthening and keeping the same, and its northern wall or embankment In proper repair and condition, did not take away that rlaht Mr. Kltchln argued the law on the score or more of question Involved In the case.

In conclusion the plaintiff contended that the "pjaln- thorlty of an order of the Superior -Court of Wake County, mads and entered In special proceedings No. 1819 in said Court, the undersigned Com-i" -mlssloners will, on Monday, the llth.1 day of October, 1909, at 18 o'clock at the Court House door, In the. City of Raleigh, N. offer for sale to the highest bidder, or bidders, tor cash, the following described tracts of land. lying and being 1n 8t Mary's Township, Wake County, North Carolina.

and known as the lands of the late Calvin Pool, to-wlt: f- First Trace. Lying and being on the waters 'of Board Branch and bounded by a line beginning at a dead pine at the head of Board Branch. J. F. Poors corner; runs thence north 95 degrees west .80 chains to the head of Rocky Branch; thence down Rocky Branch about 16 chains (measuring a direct course) to pointers; thence south 10.10 chalna to a stake; thence south ST degrees east 87.68 chains to an ak stump on Board Branch.

Kelly's old comer; thencanp Board Branch to thS begin-r ning; containing 119 9-4 acres, more or less, and being a part of the lanCs con- veyed to Calvin Pool by Larkin Busbee by deed recorded In the oClce of the Register of Deeds of Wake County In Book 19, page 121. -) 1 second Tract. i Bounded by a vline beginning at ointerTat Rockyc 3rtnch4cerner of ot No. 1 above runs thence down Rocky Branch the at 40 chains (measuring in a direct course), to pointers in. the old Calvin Pool's corner; runs theaca aouth 9 degrees east 3S.E0 chains, io a stake, Busbee and4 Pool's corcief;" thence south 85 1-9 degrees east 94 chains to a stake, corner ot.

lot No. 1 above described; thence north, with the line of lot No. 1, 80.29 chalna to the beginning, containing 10T 1-4 acres, more or less, and being a part of the land conveyed to Calvin Pool by Larkin Busbe by deed recorded In the oClce ot the, Register of Deeds of Wake County, la Book 29, page 324. Third- Tract. Bounded by a line beginning at a of lot or parcel No.

above described, runs thence south 24 degrees west 11.80 chains to a stake. Busbee and Pool's eoraer; thence south 99 degrees west 20 chalna to. White Oak Creek: thence mn White Oak Creek about SS chains (measured' In a direct course) to Board Branch: thence up Board Branch to Spring: Branch; thence up Spring Branch about 30 chains (measuring in a direct course) to a large marked popular; thence north 4 1-3 degrees east 15.50 chains to a stake In the line of lot No. 1 1 (formerly Kelly's) now Bunch's corner: thence north 88 11 degrees west 28 chains to tke beginning, containing 187 1-3 acres, more or less, and being the land which was conveyed to Calvin Pool, deceased, by Waver-ly 'Busbee. by deed recorded in the of -flee of the Register of Deeds of Wake County.

In Book 91, page 1 3 9. and Ty James H. Green by deed recorded in said Register's office in Book 29, page 258. Reference Is also made to si map of said' lands drawn bv N. Pool.

Sur veyor, dated July, 1909, (filed In the 4 said special proceeding, I marked -Ex-; hiblt and by this reference made a part This August IT; 1909. R.N. SIMMS. ICANA i Commissioners. If you.

want a good country home within a mile of the railroad and a siding, a church and an eight months -school, with plenty of water, wood and sawmill timber, inquire about these -lands. See R. N. Simms, Attorneys, 209-209 Tucker Building, Raleigh. N.

C. THE M0I1EY WENT FEES AND SALARIES IN THE ROCKINGHAM POWER COMPANY RECEIVERSHIP. Although the Rockingham Power Company was sold for a million dollars at the court house door in Wades-boro July 14th, yet the receivership will not end till the purchasers shall have deposited with the commissioners before the delivery of the deed to be applied on the purchase price at a valuation to be determined, bonds of the Rockingham Power Company to the face value of 22.090,000, with the coupons maturing January 1st. 1909, and all subsequent coupons attached. The commissioners are to make a deed to the purchasers, but the latter must pay In addition to the bonds the sum of 850.8S0.40.

being atorneys' and commissioners' fees, etc. and hen the purchasers thus take possession of the property an order will be issued discharging the receivers. The sum above mentioned is itemised as follows: To the balance of the receivers' certificates issued under an order in this cause duly made and entered on the 8th day of May. 1909. 910.000.

To the commissioners herein as an addition to the purchase price consented to by the purchasers, David H. Thomas, the amount of receivers certificates, the issuance of which was authorised by an order In this cause, dated the 12th day of August. 1909, 217,500. To Wm. H.

Browne, for fees as commissioner in conducting sale, 81.500. To W. A. Leland, for fees as commissioner in conducting sale, 91.500. To Judge Chas.

A. Moore, additional fee as counsel for the receivers, To Judge James E. Shepherd, additional fee as counsel for the receivers, 86.000. Knickerbocker Trust Company, cross-complainant, and their solicitors. Davis, Stone Averbach, together, 95.000.

To Judge Chas. A. Moore and James St. Clair MoCall. as counsel for S.

Morgan Smith complainant. In addition to what haa already been paid, 23.000. To Robinson A Caudle, counsel for receivers, 91.000. To A. S.

Dockery, counsel for receivers, 2950. To T. H. Calvert, local solicitor for the cross-complainant. 2300.

To Maxcy L. John, of counsel to receivers, 2100. But the 150.160.60. payment of of which the, terms of the decree of sale require shall be paid. is not the only expense or tne receiver ship.

In addition to the amounts above directed to be the receivers, W. A. Leland and Wm. H. Browne, re ceive 2500 per month each as receiv-r hivinr received aa above indicat ed 21.600 each aa commissioners.

They receive the 2500 eacn per.momn xroro the date of their appointment, November 23. 1908. Ex-Judge James K. Shepherd and mr.jnAm fh a. unort.

bv an or der Issued February 16th, 1909, re ceived 91,000 each in aaaition to tne 26,000 and 94.000 allowed them respectively; and by an order of January 13. Messrs. Moore and Koiuna receive 9500 as retainers. HEALTH IN THE STATE Article and Statistics in August Bul letin State lioara oi uesuin. The Bulletin of the North Carolina Board of Health for August has just been Issued, and It contains a number of valuable articles.

In an article on "The Antitoxin Law" it is shown that only twenty-one counties and three towns have taken advantage of the act. County commissioners and boards of aldermen who agree to use antitoxin in indigent cases of diptherla can secure the antitoxin, at one-third the regular cost. There are two reports, one a paper bv Dr. John F. Anderson on typhoid fever, the other concerning the typhoid tounequet, lire-saving in tne suppression of epidemics of typhoid fever.

In the review of diseases tor July, with eighty-eight counties reporting, smallpox is reported in eighteen, measles In nine, whooping cough In thirty-three, diptherla In twenty-seven, typhoid fever In eighty-one, pneumonia In twenty-three, and two deaths from pellagra In Richmond county. No diseases were reported from Buncombe, Chowan and Wilson and no reports were received from Anson, Clay, Dare, Moore, Orange, Perquimans, Rutherford, Rockingham, Stanly and Stokes. In the mortuary report for July from an aggregate population of 141,100 white, 91.200 colored, total 232.200. the aggregate deaths reported were 148 white. 169 colored, total 317, a temporary annual death rate per 1,000 of 12.4 white, 22.2 colored, total 16.3 As compared with other diseases consumption caused the most deaths, 20 white and 24 colored, next being diarrheal diseases, 14 white and 27 colored.

A NEW COLORED ENTERPRISE. O'Kelly, Peart- and Turner Start the Raleigh Snoe Company. The Raleigh Shoe Company is the name of a new enterprise in Raleigh, inaugurated by colored cltlxens, the firm members being Berry O'Kelly, of Method. Brltton Pearce and John T. Turner, all successful and well known netfroes who have achieved promt nence In their business here.

The new store is a distinct departure, as only shoes will be sold, and one line, that of the Hamilton Brown Shoe Company, win he guaranteed to wear six months. The store will be opened next Tues day morning and Is located at 15 East Hargett street, in an excellent business section, close to the heart of the city. DEATH OF A VETERAN. John B. Overby Passed Away at.

the Soldiers' Home Yesterday. Died, at the Soldiers' Home yesterday afternoon at 4 o'clock. John B. Overby. of Company 14th Virginia Regiment, who came to the home In July.

1909, from Warren county. North Carolina. The remains will be sent today to Warrenton. where the interment will terminus or defendant canal. "3.

For perpetual injunction re- straining the defendant from taking i Into its canal at any time more than fifty cubic feet of water per second. "4. For such other relief as the 1 court may deem Just and equitable." is The Greensboro Institute makes a specialty of treatln women, for the Drug and Alcoholic addictions and fc nerve exhaustion. It employs a Matron, and has "apartments cn suite, with private bath and othr modem conveniences, where the treatment is administered privately, Write for special literature. I TO DELIVER AX ADDRESS TOMORROW NIGHT ON POLAR EXPEDITION'S.

Rev. Georre W. Lav will lortnro in the High 8chool auditorium Saturday evening at 8 o'clock on the subject of oiar exploration, to this lecture th public Is cordially invited. Mr. Lav is a member of the Nation nn.

graphic Society, and is neculiarlv fit to discuss this subject. It was Mra uy i cousin. Lieutenant James Lock-wood, with Sergeant Bralnard, who made the furthest north In the Greelev eXDedltlon. Mr. Lav ttr married Admiral Slggsbee.

When Admiral Siggsbee was head of the Hydo-graphlc office of the navy department he bed publised the most complete man of the North Polar Exploration then known. Mr. Lay will use the copy of this map presented to him by Admiral Sigsbee. The talk will be free to the nuhll and all are cordially invited to attend. It la Professor purpose to have these scientific lectures at the High School, at different times throughout the session for the Instruc tion or tne pupils and the patrons the city schools.

Professor Harper will also arrange for special addresses to be delivered each Monday morning during the session. The different ministers and prominent men of the city will be called upon to make these addresses. STATE SCHOOL FOR BLIND. To Open September 22 Numerous Improvements. Prof.

John E. Ray. Superintendent of the State School for The Blind. which opens September 22, states that at least 200 students will be present on tne opening nay. Up to the present time he had received applications from 64 new students, which break the record.

The attendance last year mnrh laVger than any previous year. There have been numerous im provements made at the institution this summer, the most important of which was the; completion of the new library. The books are now being placed. The library Is designed to contain ten thousand books and half this number are now on hand. Of these a thousand are In ordinary type.

tor tne use or tne teachers in readinr to the pupils, and the remainder in raised letters to be used by the students. Prof. Ray has been exceedingly busy during the summer, working In behalf or the Institution and the success of the coming year will be In large measure the result of his untiring efforts. delights Bobbitt-Wynne Drag Co. Endorses and Guarantees Parisian Sage, the Great Hair Beautlfler.

Hair that is lrreslstably attractive will make any woman look more youthful than she la InParts. the clever French women fully realise this and retain their youthful appearance even In the hi-tiea While Parisian Sage Is known the world over aa a certain cure for dandruff and falling hair and Is sold by Bobbltt-Wynne Drug on the no-cure-no-pay plan. It Is especially recommended to society women who greatly desire lovely, lascinatlng hair. Its action la so prompt that It will put life and lustre into dull, faded hair in one week. Parisian Sage makes the head feel good the minute It is applied.

The first application creates confidence, for the user cannot help but feel that such delightfully cooling and exhilarating tonic will do what ordinary commer clal tonics have failed to do. C. H. Smith, a well known cltlsen of Staunton, writes: "I have used and seen used numer ous hair tonics, but can say that Parisian Sage is far ahead of any of the others. As a cure for dandruff and a cleanser and scalp purifier, I can especially endorse the use of Parisian sage.

I nave told several persons about It being so effective In ridding the scalp of dandruff, and they were greatly pleased with the result of its use." March 26. 1909. Parisian Sage is sold In Raleigh by Bobbitt-wynne Drug ana by lead ing druggists everywhere. Guaranteed to. kill dandruff ml crobes, cure dandruff, falling hair and Itching scalp In two weeks or money hack.

i Large bottle Is only 50 cents and the girl wua the Auburn hair Is on every package. Made In America bv LAY ATTHE HIGH SCHOOL motive1 power provided be returns the quor, was never employed by him at any time. EOT FUTEEII I.IITIIS BERTHA BROWN CONVICTED IN THE POLICE COURT TAKES APPEAL. Justice moved swift! veaterdav In the case of Bertha Brown.) churned with Keeping a bawdy, house, Only two witnesses.were examined. Chief of rotice oien ana umcer u.

Hi. isarrow, who testified to the a-eneral remit. tlon of the woman, th character her house, the conduct of the Inmates ana to her ownership of the house. Upon this testimony the whtte woman was found- guilty and sentenced to fourteen months in the county work- nouse. Her attorneys gave notice of appeal, and the appeal bond waa fixed at 9500.

which was given in two checka City Attorney Walter Clark, re prosecuted tne case. Messrs. J. C. L.

Harris. J. N. Holdinsr and rhrla TT. Harris representing the defendant.

The defendant moved to quash the iwarrani on me roiiowins aroiinda Because of the uncertainty th charge made in the warrant a it charged the keeping of a bawdy house. a nouse or in rame. a disorderly house: wi me multiplicity of the charges contained In the warrant, and because It was Issued on Information and belief. The motion was over ruled. The motion of the defendant for a Jury trial waa overruled.

Police Justice Stronach staled thmt under the common law and statute. too, he did not see what there was to prevent the woman from being found guilty of. keening a bawdv house. Vn doubt, he remarked. If she is guilty at all she has been guilty for some time; that she was as well known as any Da way nouse Keeper in Raleigh had been known, and that she was aa flaav rant a violator of the law as any.

saia ne aia not see why she should not be srlven a nroner sentence, m-n he imposed a sentence of fourteen months in tne woric-nouse. Insane Prisoner Dies. Daniel Culbreth. an aged Insane negro, died In the Wake county jail yesterday arternoon. He was taken to the county home, where he will be burled today.

water, stream in time to flow by thepremises of. the proprietor be- -Besides, under its charter, plaintiff is expressly authorised and empower ed. among other things, to buy and hold, sell snd convey land for its pur-1 poses; to develop and utilise the water power of Roanoke river between Gas-ton and Weldon, particularly at' and along Great. Tails, for manufacturing i purposes; to erect and maintain all necessary dams, canals, In and i across said river; and to sell, lease and donate power and sites for. mills, fact6r1es and other 'structure I that may: be developed.

"Certainly the defendant cannot be heard to complain, Under their con- FALL tracts they agree to everything that i- 1,, Is being done. They are not riparian proprietors, for the mill -sites were acquired for the very purpose for which 1 they are bound by the contracts upon 4 which their entire rights depend," 1 Mr. Kltchln declared that should -Results 1 IK, Si Steady nerves, uood digestion; Clear Brains follow a "change from coffee to wellmade mciesaiveswu It's eaSyHo break the coffee grip and get -hold of that feeling of freedom and power to "do things" that comes with returning health. It you are ambitious, read The Road to In Postumv Cereal Rattle Creek, Mich. P.OSTUM TAILOR MADE 8X7im TXT aUSI 'wlA I L- over.

You will and what wiil: c. ne wm uavc wiui us uus weeik an EXPERT CUTTER AND FITTER With a line of all the New and Nohhv Pflterna for the coming Season. in and look them be enabled to find out the correct styles be worn this Fall. i CROSS ilME FURNISHERS TO THOSE WIJQ ff CLOTHIERS AND Fayetteville St, ids made- 1.

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