davidaulloa/AmericanStories huggingface dataset:
The age-herald., 1899-04-11
Governor.

have always been an advocate of the con- stitutional convention. I votedNand worked for it in the last legislature and I will do so again. The question has resolved itself into one of party fealty If nothing more."
 Views of Other Men
 General Charles M. Shelley. candidate for governor and one of the foremost men of the state, was shown the document
 q would wish to say that am heartily and unequiyocally in favor of the consti- tutiona convention" said General Charles M Shelley. 1T have been always demo- crat, and have twice had the honor of con- ducting in my own way the democratic party to victory. The pledge of my party Is as binding upon me today as 1t was thirty years ago, and through all the years that have followed. 1 have no desire to question my paity's mandate. AssMedly 1 have no right in common justice to do so 1 am with the democratic party, and the rule of that party is to me polit1cal law. Beyond my party obligation l can not would not proceed. My party has made the constitutional convention party issue; but even whether 1t had, am for the constitutional convention.
 'sI speak to you frankly" General Shel- ley sad ''because 1 cannot suffer my po- stion to be misunderstood. The governor seems to me to be unvise in the letter he has issued."
 Col G. L. Conner
 Colonel G. L. Conner for years mayor of Eufaula, is in Birmingham attending meeting of a secret order Colonel Conner was shown a copy of the governors letter and asked for his opinion.
 "I never thought Governor Johnston to be crazy and never accused him of being so; but your statement that this is an ab-
The age-herald., 1899-04-11
What ia the Cause

LEE BRADLEY-The holding of consti- tutlonal convention has long been an issue before the people of Alabama and their rep resentatives in the general assembly, It IS a matter of public history that the issue was deliberately. thoroughly and aoly dis- cussed pro and con in the democratic eau GUS and upon the floor of both houses oi the last general assembly The bill nassed both houses and became law by .tha approval of the governor.
 Recently in pursuance of the provisions or the bill the party has nominated it's candi- dates throughout the state, the party has met in convention, made the calling of constitutional convention party issue and adopted and promulgated resolutions which are binding upon and have, so far as can learn, been accepted by the paIty's nomi- nees These fesolutions pledge the party to reform in the qualifications for suffrage, not to raise the existing limit of taxation and to submit the constitution to the peo- pie for ratification or rejection. The party has committed itself to the holding of constitutional convention at every opp9r- f,,,,itn and in svarf way nossible since the
The age-herald., 1899-04-11
VIEWS OF MEMBERS
 OF HELEGHSLATURE

The Age-Herald yesterday afternoon sent the following telegram to prominent mem- bers of the Alabama legislature: Please wire tonight your opinion of gov ernor's circular letter suggesting extra ses- sion legislature to repeal constitutional con vention act. E. w. BARRETT,
 Editor. The following replies were received:
 Party Spoke Twice
 Eufaula, Ala, April 10. To the Editor of The Age-Herald: The democratic party spoke in caucus and again In convention. It will be sure to frown upon any effort from any source to interfere with the movements. Barbour Is loyal to the party and will be for the con vention well nigh unanimously. (Signed) w. D. JELKS.
 Knows No Higher Law
 Selma, April 10. To the Editor of The Age-Herald: Have not seen governors circular. A democratic legislature has acted and has been endorsed by democratic state con vention. I know no higher law; am op- posed 10 extra session to repeal convention act. All opposition to convention has died out here since splendid platform with refer endum clause was adopted.
 (Signed J. H. NUNNELLEE.
 With the Party, Say Waller
 Greensboro, Ala. April i0 To the Editor of The Age-Herald: A democratic caucus, the general assem- ply and democratic state convention have acted. Both indorsed constitutional con- vention. never have been and never in- tend to be otherwise than with the demo- cratic party.
 (Signed) CHARLES E. WALLEN.
 -------~------->-~-~-~
The age-herald., 1899-04-11
Would Mean Republication

HUGH MORROW: "The democratic par ty of the whole state of Alabama in con yention assembled has unequivocally de- clared that we favor the holding of a con stltutional convention for the purpose or so regulating the right to vote as to per petuate the rule of the white man in Ala- bama, That we hereby instruct all demo- cratic members of the constitutional con yention to faithfully carry out the apove pledges
 "It seems to me that when the demo- cratic party has so declared Itself along those lines, and the republican party has, on the other hand. declared against the holding of constitutional convention, that a true democrat has but one, of two things. left for him to do-either to fall in line in carrying out the instructions and the will of the democratic party, or to join the re- publicans in their attempt to regulate af- fairs so that the rule of the white man will not be perpetuated in the state Of Ala bama."
The age-herald., 1899-04-11

representative membership than the legls- lature. The constitutional convention would be more expeditions in the adoption or measures than the legislative body and would consume less time and would be Of less expense, for the reason that 1t wouid be sitting together as whole, whereas the legislature would be sitting in two separate bodies and disagreements between the two branches of it would necessarily arse, which would have to be reconciled before any final action could be had.
 ''It appears to me from party stano- point that it would be quite as injurious to the party to have democratic legisia- ture convened in extraordinary session and have 1t reverse its recent action in caliins convention. as it would be to make an hon- est effort by a constitutional convention to frame and submit to the people con stitution for their adoption. Moreover, the democratic party has already been put to great expense and trouble in holding pri- mary elections and conventions to nominate delegates to the constitutional convention, as well as holding a state convention for that purpose"
The age-herald., 1899-04-11

DoUBLE-wEAR Collars. same on both
 sides; two for 25c L. Rogan & Co.
The age-herald., 1899-04-11
rHE WAITER

FAIR AND WARMER TUESDAY; FRESH soUTHERL WINDS; PRoBA- BLY FAIR WEDNESDAY.
The age-herald., 1899-04-11

Continued On Second Pagse
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19

Under Section 1891 R. S. the
drawer is exonerated by delay in
presentment only to the extent
of the injury which he suffers
thereby. But the complaint in
this case does not show that
said checks were presented to G..
Bunting & Co. at all, and does
not show any excuse for not pre-
senting said checks for payment
prior to February Is, the date of
the alleged bank failure. No
facts are alleged in the complaint
showing that 16 days was not a
reasonable time after deducting
10 days therefrom within which
to present said checks at the
proper place for payment. The
complaint on the face showing
that the plaintiff had such checks
for as long a period as 16 days
prior to the failure of the bank,
and the law presuming that
drawer had funds in said bank to
satisfy said checks, the presump-
tion of law arises that tae defend
ant was damaged by plaintiff S
neglect to present said checks
for payment to the extent of the
face of said checks. and to over
come such presumption the facts,
if any exist, showing that plain
tiff could not by reasonable dill
gence have presented them prior
to the failure of the said bank,
should be alleged in the com
plant. No such everments ap-
pear in the complaint, for which
reason said complaint was not
sufficient and the first ground OF
the demurrer should have been
sustained.
For the foregoing reasons the
judgment is reversed and the
cause remanded to the District
Court for further proceedings in
accord with the views herein ex
pressed. Cost of appeal award
ed to the appellant, but in taxing
the cost, only the cost of procur
ing and printing seven (7) pages
of the transcript to be allowed
to the appellant.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19

a tribute to the First Idaho volunteers).
We honor today cur brave boys in blue,
We honor the leaders, staunch and true.
Blessings from God forever be
Showered down on them and he
Who penned those lines that we might know
That Major Higgins and all was brave and true
To the stars and stripes of our glittering ban
ner
Carried aloft cross the plains of Santa Ana.
On that February morn cross river and field,
With only their mud stained coats for u shield,
Eight hundred brave soldiers from the left and
the right
Swept down on the rebels-'twas a glorious
sight
AS on, on through the fire from the rebel
trenches,
Ever on charged the fearless Idaho Savages.'
Still on sped our boys till at set of sun
They had scattered the rebels and captured
their gun,
Then, paused they who laughed at death
AS on onward they charged with bated breath,
Leaving comrades, few, on that field OF blood,
Where they fought waist deep through water
anu muu.
Brave McConville--ah me! AS on they pressed,
Fell with bullet wound in his breast;
Tenderly they lifted and bore him away
From the battle field, where he died that day;
No braver man ever fought than he,
The gallant leader of the q. G. and b.
Twas said by General King that night,
Riding by the brave boys who won in the fight,
"Sit, sit command, while I salute
AS brave men as ever put rebels to route;
Your fearless charge cross that field today,
Was never excelled in battles ARRAY.
Let Idaho then round her colors twine,
Garlands of laurel and columbine;
The one-a tribute to her heroes gone,
The other-a tribute to valor won
BY her soldier boys in far away Philippine,
On the water soaked rice fields of Santa Ana.
MINNIE P. DUNTON, in Idaho Odd Fellow.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19
The Planters Dependence on Good Seeds

Without good, fresh, fertile
seeds, good crops are impossible.
1t is, then, of the most vital i'm
portance that you should exer-
else the greatest possible caution
in selecting the seeds you are to
plant the coming season. Since
you cannot determine their fertil-
ity or freshness by sight, the
only certain way to insure your
self against worthless seeds is to
buy only those that bear the
name of a firm about whose reli-
ability there is no question.
There are no better known seeds
men anywhere, and none who
have a higher reputation for in
tegrity. than D. M. Ferry & Co.,
of Detroit, Mich. Ferry's seeds
have been synonym for good
seeds for many years. Thousands
of gardeners who continue to
plant them season after season,
do SO with the full confidence
that they will uniformly be found
to be of high vitality, and most
important of all, true to name.
Ferry's Seed Annual for 1900
is fully up to the standard of
former years and will be welcom-
ed by ali who have learned to re-
gard it as a thoroughly reliable
and practical guide to planting.
A copy may be obtained free by
addressing the firm as above.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19
Custer Jottings.
CUSTER ID

CUSTER, Idaho. Dec. Is, 1899.
The coldest weather in Custer
this winter has been Is degrees
below zero.
Miss Ida Hanna, of Challis ar
rived in Custer on Sundays
stage.
There has been a rich strike
made at McFadden's mine of a
five foot vein of rich ore.
James Kerr and Michael Foley
came down from McFadden's on
Wednesday, where they have
been doing some contract work.
Mrs. E. L. Thomas is on the
sick list.
We have noticed the following
ranchers in from Round Valley
during the past week: Jonathan
Job, H. Horton, Geo. Grasscup.
Chas. Funkhouser, Walter Bax
ter, E. P. Wilson and R. West.
al. Small came up from Small
burg on business last Saturday
and returned the following day.
H. II. Marshall was in town
Wednesday bidding his friends
good bye, before taking his trip
back to his old home in Massa-
chusetts. He left Custer for
Stanley Basin Thursday morn
ing where he will take snow
shoes and go to Ketchum and
then take the train. He has not
been home for nearly 27 years.
J. e. Smith, the genial man
ager of the Lost River Mercan
tile Company's store in Custer,
departed for his old home al
Fort Benton, Montana, on Mon
days stage, for a short visit
Mr.. Smith has not seen his par
ents for II years.
The large air compressor a
the Lucky Boy hoist broke las
Wednesday evening. 1t will
take some time to replace tn,
broken parts, and the larger par
of the crew have been laid OF
until they arrive SO they can re
sumo work. The mill will keel
running as there is plenty O.
loose ore in the mine to keep tn
mill running for three or fou
weeks.
Roy Huffman has been put il
charge of all the machinery il
the mine. mill, hoist and tram
way of the Lucky Boy.
Mr.. and Mrs. Joe Gardner
Carl Malm, John Dale and w. Fl
Thomas, departed on Tuesday
stage for various destina
tionS, -VADIS,
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19
Case Sent Back.
Boise Statesman.

The Supreme Court has re-
versed the decision of the Dis
trict Court in the case of John G.
Fox, respondent. VS.. Joseph
Rodgers, appellant, from Custer
county.
On January 30, 1897, at Chal-
lis, Rodgers gave Fox four
checks on the bank of G. Bunt-
ing & Co., at Blackfoot, for 500
each. The bank failed February
Is, 1897, before the presenta-
ton of the checks. On the 18th
Fox made a demand upon Rodg-
ers for payment, which was re-
fused. This action followed.
The defendant interposcd de-
murrer which was overrnled,
and, the case going to trial be-
fore a jury, the plaintiff secured
a verdict for S400.
In deciding the case the Sup
rene Court, after finding that
the demurrer was properly over
ruled as to the second and third
grounds, says
We now come to the only re-
naming question, and which is
the serious question in the case,
to-wit The first ground of de-
murrer, that the complaint does
not state facts, sufficient to con-
stitute a cause of action. The
complaint shows that four
checks in question were deliver
ed by the defendant to the plain
tiff at Challis, county of Custer,
on the 30th day of January, 1897
that G. Bunting & Co. did 6
banking business at Blackfoot
in an adjoining county; thai
stages run from Challis to Black
foot, where G. Bunting & Co.
the drawee, did business; that OF
February 18, 1897, the plaintiff
demanded payment of sale
checks of the defendant, which
payment the defendant refused
to make. We do not think these
allegations were sufficient. Th'
law presumes that the defendanr
had funds in the bank upor
which said checks were draw
with which to pay them. Sec
ton 3546 R. S. is as follows
'If a bill of exchange, payable
at sight or on demand withou
interest. is not duly presented
for payment within 10 days afte
the time in which it could will
reasonable diligence be trans
mitted to the proper place TO
such presentment, the drawe
and indorser are exonerated, un
LESS presentment is excused"
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19

county hub.
Born:-In Challis, on the 10Th,
to the wife of Mr.. Williams, a
son.
A. G. Bomar has just received
a fine 800 Underwood" type
writer.
Ed. Jones, who spent the past
two months in SanFrancisco, ar
rived in ChalIis last Tuesday
night.
Con. Doty of Bayhorse spent
a few days in Challis last week.
Mr.. Doty was in Stanley Basin
during the past summer, and
speaks very highly of the out
look for that camp.
A metallic casket weighing
500 pounds was shipped to this
place last week to convey the
remains of Jas. L. Alger, who
is inferred in the Challis ceme-
terry, to Ohio.
Elk Senator VIM. v. Allen, of
Nebraska, populist, has been ap-
pointed u. S. Senator from that
State to fill the vacancy caused
by the death of Senator Hay
ward, republican.
Col. N. J. Sharp is expected
to arrive today. He has sold his
copper property near Houston,
and new smelter will be erect
ed upon them next summer.
under the superintendency of A.
J. Crook.-Hailey News Miner.
Last Saturday evening. the
10th, a partial eclipse of the
moon was visible in Challis. The
almanacs says "a partial
eclipse of the moon December
10th, size 1876 digits, or almost
total. Visible throughout the
United States. The beginning
will be invisible on the Pacific
coast. where the moon will rise
with the eclipse on. East of
Colorado the entire eclipse will
be visible"
| Banker Dooly, of Salt Lake
City, won his case in the Utah
supreme court, the opinion affirm
ing the judgment of the trial
court in the case of William Bar
rette, administrator of the estate
of w. A. Norton, deceased. ap-
pellant, VS.. John E. Dooly. The
court holds that administrator
Barrette lacks capacity to sue.
A number of persons in this
county have claims against this
estate. The opinion of the court
was handed down on the 18th.
The supervisor of the 18th
Census of the United States, has
sent out his circulars to the
newspapers for publication, and
asks that these papers devote
columns of free advertising in
helping the enumerators in MAX
ing a complete census. All this
they ask of the publisher with
out cost for the good of the
cause. On the other hand the
Government will distribute mil
lions of dollars among its census
enumerators for this work, but
the newspapers for their work
J are not allowed any of Uncle
Sans vast wealth. 1t would be
in the line of justice to divide up
the matter, then the publishers
would feel more like co-operat-
: ing in disseminating information
concerning the census.
> Why, after years of watching
l the processes of nature, | can no
l more doubt the existence of an
| Intelligence that is running
8 things than / do of the existence
of myself. Take. for example,
: the substance water that forms
the crystal known as ice. Now
t there are hundreds of combina
, tions that form crystals, anc
! every one of them save that OF
: ice sinks in water. Ice, | say,
doesn't. And it is rather lucky
f for US moctals. for if it had done
: SO we would all be dead. Why
Simply because if ice sank to The
bottom of rivers, lakes and
: oceans as fast as it froze, those
i places would be frozen up and
n there would be no water left
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19
LOCAL NEWS.


" use no grease at all,
But their crust's mighty hard.
Some men chew their plug tobacco
4" the tag,
+" never work their jaw
Except to chew the rag.
Some men put their ads. in papers,
g them on the fence,
never advertise,
Who ought to have more sense.
Next Monday is Xmas.
Taxes become delinquent on
Monday, Jan. 1st, 1900.
Two degrees above zero is the
coldest weather thus far in this
place.
Robt. Davidson was up from
Lost river last Friday on bust
ness.
l. o. o. F. ball "ad." in this
issue. Supper will be given at
both hotels.
Eight inches of snow fell in
Challis last Friday, and it is
fairly good sleighing.
The continued story-"Fel-
on'S Loye''-Which has been
running in this paper for the
past ten weeks, ends in the next
issue.
A dance was held at the Hot
Springs last Friday night. A
four horse sleigh load of young
folks from this place were in
attendance.
Jos. Smith, manager of the
Idaho Forwarding Company, of
Blackfoot, made a business trip
to Challis last week in the in
terests of his company.
On Friday of last week, we
are informed, Gus Strand sold
out his entire livery business
and building in Challis to Messrs.
Waddleton & Hunter, who will
continue the business.
We are in receipt of copy of
Rev. Irl Hicks almanac for 1900
1t is splendid publication, and
full of valuable information, ano
one that should be in every
household. Price. 25 cents. and
for sale by the Word and Works
Publishing Co., st. Louis, Mo.
The governor has appointed
S. H. Wilcox, of Clayton, as
County Commissioner for Dist
| No. 9, to succeed S. M. Leigh
resigned. Mr.. Wilcox is one O.
Custer county's old-time and
most highly respected citizens
and we believe that he will fill
his new position of trust with
much credit.
Mr.. d. It. Miller, who has beer
in this section for several months
past in the interest of the Idaho
Midland Railroad, expects to de
part for his home in Boise tn
latter part of this week. Mr.
Miller has just received som
very encouraging news from tn
head men of this proposed road
but which we are not at libert,
to publish. but from the infor
nation that we have at hand, tn
! building of the Idaho Midlan
; will be commenced in the spring
: without doubt. Mr.. M. has bee
very ardent and persistent i
his work here, and the only rea
: bad feature is that he is one c
! those goldbugs, and actually be
q lieves in that doctrine. He an
t Mr.. Bell regret very much tha
I on account of the snow, the
were unable to visit the gres
: Yankee Fork mining region, an
q report the mining industries {
I that section, as they felt that ow
ing to the heavy SHOWS, the
n could not do that country tn
A justice that it deserved. but wi
! give it their attention as early
the spring as practicable. Thes
; gentlemen during their soiour
: here have made many friend
-.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19

CUSTER, Idaho. Dec. Is, 1899
The coldest weather in Custer
this winter has been Is degrees
below zero.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19

M. E. Foley is visiting at the
county hub.
The silver messenger. (Challis, Idaho) 1890-1912, 1899-12-19

A. G. Bomar has just received
a fine 800 Underwood" type
writer.
Marshall County independent. (Plymouth, Marshall County, Ind.) 1897-1902, 1899-01-06
A PerilOus Ride.

Tuesday, while attending the funeral
of the little daughter of f. z. Sands,
Mrs. John Gallagher was injured in q
runaway. She was one of four ladies
who rode in carriage driven by Fred
Thomas. While standing in the ceme-
terry, the horses became restless and
began to kick. The task of controlling
them was difficult one, but the driver
did as much until they passed through
the gate on the return home. Here
they became fractions and rushed off
at break neck speed. The three
ladies es-Mrs. w. F. Young, Mrs. Ike
Thomas and Mrs. Il. S. Alleman-re-
mained in the carriage. but Mrs. Gala
CHER leaped from it In preference to
taking her chances for escape. She
was considerably bruised. Finally the
driver brought the excited horses under
control. 1t was perilous ride and one
which few would wish to take.
Marshall County independent. (Plymouth, Marshall County, Ind.) 1897-1902, 1899-01-06
Wreck West of Plymouth.

Early Wednesday q freight train
wrecked itself near the Pittsburg
watch-tower, three miles west. 1t
seems that the couplings between two
cars had become detached and the diff
rerences in grade in that portion of the
track caused jolt which ended ia q
general smashup. Seven cars were
ditched. Owing TO the intense dark
ness, it was deemed imprscticable TO
clear away the wreck until broad day
light. 1t was then found that the ordi.
nary wrecking appliances carried in the
caboose were not sufficient. Orders
were sent fer the wrecking train at Ft.
Wayne and it arrived at the scene
about 9 a. N. The morning trains
were obliged to make cIrcuitous
route to Chicago via the Vandalis and
other lines.
Marshall County independent. (Plymouth, Marshall County, Ind.) 1897-1902, 1899-01-06

A novel situation exists in the village
porte, near the Indiana Michigan line,
where the Warren Featherbone works
are located. Mr. Warren has proposed
to pay into the town treasury sufficient
money TO meet the demands of the law
for saloon licenses, the purpose being
to make the little town dry" in the
sense of liquors being sold, and prevent
the opening of asloons The state
ment is made that if saloons are opened
the great industry will be moved away,
and as the plant furnishes employment
to about one half of the people, the
situation is an interesting one.