davidaulloa/AmericanStories huggingface dataset:
The Weekly Tallahasseean., 1902-01-24
PLANT MELONS.

The TalIahassean has several times
urged the importance Of cantaloupe
and melon culture in this county for
the coming season-this year. Never
before have we been in position to COM
pete with other sections in this i'm
portant industry, but this year, thanks
to changed conditions, we will have the
same freight rates, the same facilities,
and can make the crop profitable one.
Indeed, we now have the advantage
over many who have made it profitable
in the past. Our lands are far superior,
our climate just as good, and what
others have to pay out for excessive
fertilizing our people can salt down as
clear profits.
Think over the matter seriously, til
lers of the soil, and see that a good
crop is put in. Now is the time to act.
The early melons and cantaloupes
carry off the big prices, while late ones
come in for only a small margin Of
profit.
= Even a small margin at the season a
cantaloupe or melon crop is marketed,
as every one knows, is a GOd-send to
the planter. 1t comes right at time
when one dollar in cash is worth about
two hundred cents to him.
Icons great drawback has always
been tnat she raised none of these
crops. Now that she has the freight
rates added to the best soil on earth
if she does not carry off the palm it
will be the fault of the farmers.
The Weekly Tallahasseean., 1902-01-24

it h3 IS not previously acquired the right
to 81 bch use.
4. IA petition for condemnation al
legikg substantially all that is required
by section 1874, Revised Statutes, is
sufhfient, and where the description of
the property sought to be condemned
as Sven in the petition points our de-
fini8 and ascertainable boundaries
the$for, such description is sufficient.
Judgment reversed.
PSO o. Knight for plaintiff in error;
H. Risbee for defendants in error.
AnIsa G. Burt as Administrative of the
e4ate of George Burt, deceased, plain
ti4 in error, VS.. the Florida Southern
Railway Company, a corporation un-
OtF the laws of Florida, defendant il
eFOr-Putnam county.
CAREER, ].
Il assignments of error based upon al
leg% rulings not shown by the abstract
to lave been made, or not shown by
the abstract to have been excepted to
wh@e an exception is necessary, or
basSd upon instructions not set forth
in be abstract, or if set forth, not ac-
conpanled by a statement of the sub
stance of the testimony upon which
theR were based, will not be considered
by Sn appellate court, where the cause
is Submitted upon abstracts of the re-
cor& not excepted to.
2f Trial courts have discretionary
power under section 1042, Revised Stat
ute2 to permit amendments of the
blessings by the withdrawal of a plea
by 5 defendant during the trial, and
unlsss the appellate court can see that
theE discretion was abused, and that the
opposite party might have been injured
by such amendment, the ruling permit
ting the amendment will not be dis
turS Sed on writ of error.
3& Under section 1912, Revised Stat
uteE trial courts have discretionary
power to permit amendments of the
plesf1ings after verdict in furtherance
Of Justice, but this power should be
MOI cautiously exercised than in cases
wh5e the application to amend is made
before verdict, and where such amend
mekt after verdict makes a new issue
whVh has not been submitted by the
parties to the jury on trial, a new
triaS ought ordinarily to be granted,
butsWhere it clearly appears to the ap-
pelRte court that the opposite party
.waS not injured by such amendment
the, ruling granting it will not be dis
turEed, though the trial court refused
to grant a new trial.
4 A plaintiff in ejectment must re-
coV$r upon the strength Of his own
titlS and not upon the weakness of his
adHkrsary's. He cannot recover even
as against one without title, unless he
prOfes title or prior possession.
5s Plaintiff sued defendant, a rail-
roas company, in ejectment for the
wh@se Of certain blocks Of land con-
taiSng nearly twenty-five acres. De-
fen4ant pleaded, first, not guilty;
second, that it was not in possession Of
any Of the lands sued for. During the
trial the plea denying possession was
by 9eave of court over plaintiffs OBJ
jecEions withdrawn. Plaintiff failed to
show title to or prior possession of any
Of the land sued for, and defendant
produced evidence that it claimed and
The Weekly Tallahasseean., 1902-01-24

was in possession Of only a small strip
Of land across the lots as right Of
way, covered by its railway tracks and
bitches as laid. The jury rendered q
verdict for defendant. After verdict
but before judgment, defendant Eal
permitted over plaintiffs objections o!
file an amended plea denying that Il
was in possession of the whole Of ths
lands sued for, but only so much Z
was covered. by its railway tracks ani
bitches as laid, and especially d.
claiming any other possession or clam
right or title to the lands sued fOf, Dl
as to that portion occupied by D
tracks and bitches, alleging thai j
claimed title exclusive Of any OLE
light. ThereupOn judgment was emu
I'd for defendant: Held, that the paE
iff under the circumstances was lD
injured by the rulings permitting
withdrawal of the plea denying pOSS@
lion, and the filing of the amenaa
plea after verdict; that the plea na
after verdict in effect Withdrew
much OF the plea OF not gullly %
piled to the lands sued and dlteneS
laid; that by filing this plea tne
fendant voluntarily Teliqulshed
right to a judgment that would opesa
as an estOppel on the question Oh ~
as to all portions Of the lots Sueu y
except as tated; that the judgment =
tered must be construed with reLeiea,
to the issues made by the aHTnu
pleadings; that the pleallnss
amended put in issue the real cOn-
versy between the parties and tnas s,i-, =
der the circumstances stated tne -
of the amended plea after verulC' -,
not require the granting of a ne"
as plaintiff was not only not In I'm,
but actually benefited by sucn anl'
ment.
Judgment affirmed. c..rs
W. w. Dewhurst and Henry n n
for plaintiff in error; r. ". anu W.
Davis for defendant in error
The Weekly Tallahasseean., 1902-01-24

In voting for men to fill offices, we
should study the situation over from a
common sense standpoint Is the man
asking your suffrage morally fit to fill
the position? Is he mentally capable
OF performing the duties? Will he
work fearlessly for the best interests
of the community? Unless you can
answer these questions in the afirma-
tive, don't vote for him.
The Weekly Tallahasseean., 1902-01-24

TEDDY's cousins over in Georgia have
been giving Schley a rousing reception.
Perhaps this may be a straw by which
the Rough Rider can tell which way
3he wind blows.
The Weekly Tallahasseean., 1902-01-24

A COPY of the Ocala Daily Banner,
with Frank Harris as editor, reached
our exchange table several days ago,
but hasn't been seen since. The sam
pie was a very creditable sheet, and
The Tallahasseean wishes it a success
full voyage on the turbulent sea of jour
nalism.
The Weekly Tallahasseean., 1902-01-24

WHAT are you doing to boom Talla-
hassee? The city can't build itself, and
you should make up your mind to use
every energy to push the good work
that has already been started.
The Weekly Tallahasseean., 1902-01-24

A BOGUS count, on a search for an
American heiress, has been arrested in
St. Louis. This will only add ito the
glamour Of the romance, and lovely fe-
males with millions to burn will be
falling over each other in their eager
ness to capture the oily tongued
Swindler.
The Weekly Tallahasseean., 1902-01-24

KENTUCKY has fallen low in the scale
on morality. 1t is zealousIy maintain
ing its reputation for being the Ozark
and Bloody Ground"
The Weekly Tallahasseean., 1902-01-24

CONGRESS has been in session more
than month and the South Carolina
f1re-eater has not been called upon to
use his pitchfork single time. Some
thing must be wrong with the eternal
fitness of things.
The Weekly Tallahasseean., 1902-01-24

UP in Georgia they are on the eve
of hot political campaign. The Rev.
Sam Jones is going to stump the State
for Dupont Guerry. Sam is somewhat
OF a mud-slinger, and the campaign
promises to be exciting
The Weekly Tallahasseean., 1902-01-24

IT is said of Secretary Shaw, the new
member of Roosevelt's cabinet, that he
does not chew, smoke, drink, swear,
dance, shoot, automobile, play policy,
or shoot craps. Great Scott! Where
does he carry his wings?
The Weekly Tallahasseean., 1902-01-24

SAMSON of old pulled two pillars
down on himself and was mangled in
the crash. The modern Sampson has
become buried in the ruins Of his own
air castles, while to his chagrin he sees
a magnificent monument rearing itself
from the debris to the honor Of Ad-
rniral Schley.
The Weekly Tallahasseean., 1902-01-24

THERE has been some hot fighting
down at Panama. Two government
and three insurgent vessels were sunk
In recent naval engagement
The Weekly Tallahasseean., 1902-01-24

SCHLEY went On a hunt while in Sa-
Vannah and succeeded in killing his
first deer. Buffalo Bill once took an
English lord out hunting, and nearly
everybody knows how the Henglish-
man killed his first buffalo.
The Weekly Tallahasseean., 1902-01-24

THE President on Monday sent t the
Senate the nameslof Dennis Eag@n to
he postmaster at Jacksonville, james
Harden at Barlow, and John McDou-
gall at Tallahassee.
The Weekly Tallahasseean., 1902-01-24

WHAT is Florida going to do about
an exhibit at the great worlds fair in
St Louis next year? Florida is pre-
eminently an agricultural State, and
steps should be taken to place her
properly before the public.
The Weekly Tallahasseean., 1902-01-24

GEN. ALBAN, military commander
and governor Of Panama, was killed in
the recent engagement with the in
5urgents. Uncle Sam may become
mixed up in the fight.
The Weekly Tallahasseean., 1902-01-24

MANY Tallahasseeans are in favor of
expansion. They would like to see the
corporate limits extended so as to take
I'm outlying suburbs.
The Weekly Tallahasseean., 1902-01-24

GERMANY is throwing big bouquets
at Uncle Sam, and the old gentleman
Is seizing them with the fervor of a
Rove-sick youth.
The Weekly Tallahasseean., 1902-01-24

THE Isthmian Canal Commission has
recommended that the United States
accept the offer of the Panama Canal
Company.
The Weekly Tallahasseean., 1902-01-24

F cannot help but praise Peuus !
am never without ii, and as soon al
find the children have the least cDls
give them Peruna. A few doses he'll,
them, and I hope that every one vi,
reads my testimony will try Peuns a
ii is a friend indeed" ThankhE
yours, MRS. PAUL PESCHEL,
n Qnftman ST., Newark, MI
A Safe Family Doctor.
Peruna has been useo in many oA,
homes with the same results. The tS.
lowing are samples: Mrs. NJ. E. SeE.
mour, Dye, Ga, writes:
az am ready to speak few words h
favor Of Peruna and Manalin. bsT.
tried them for nearly every i'll of lifetr
myself and family, and find them to b
all the doctor claims them to be. Pen
na cured me of female trouble when ny
doctor could not. My advice to all sd
fering women is, consult DR.. Hartman
What he has done for me he will dotr
you."-Mrs. NJ. E. Seymour.
Peruna Added 40 Pounds.
Mrs. Maria Goertz, Cleo, OklabunA
writes:
"My husband, children and mystH
have used your medicines, and We d
ways keep them in the house in eassd
necessity."-Mrs. Maria Goertz.
DIR. Hartman's latest book on catanh
will be sent free upon request to any
address. This hook contains ninety-fH
pages of interesting reading matter, and
will be found invaluable TO mothers h
aiding them to guard against and cun
the many little catarrhal ailments q
children that come with the BsTu
weather of winter.
The Weekly Tallahasseean., 1902-01-24
HEAD NOTES TO DECISIONS.
Supreme Court of Florida-FJune Term,
1QO1

The Florida Central and PeninsuIar
Railroad Company, a corporation or
ganized and existing under the laws
of the State of Florida; plaintiff in
error, VS.. ]. H. Bear, defendant in
error-Orange- county.
Per curiam.
1. Proceedings for condemnation of
property under the power of eminent
domain are governed and controlled by
the statutes authorizing them, and these
statutes must be strictly construed and
substantially complied with in all pro-
ceedings instituted Hereunder.
2. Under section 1866 Revised Stat
utes the petitioner in condemnation
proceedings is required within ten days
after the rendition Of judgment to pay
the compensation ascertained by the
jury unless further time be allowed by
the court, or else the proceedings in
Guiding the judgment will be null and
void, even though petitioner is thereby
seeking to condemn property already
in its possession, and where default
in such payment is made, a writ of
error thereafter sued out form such
Judgment will be dismissed by the ap-
pellate court.
Writ of error dismissed.
Beggs & Palmer for plaintiff in error:
Alex. st. Clair-Abrams for defendant
in error.
The Weekly Tallahasseean., 1902-01-24

FRINGE Henry will visit Chicago. Of
course he couldn't visit the United
states without seeing the Windy
City"
The Weekly Tallahasseean., 1902-01-24

IHE Senate committee on the Philip
pines has decided to report the house
Philippine tarlh bill, with amendments
The Weekly Tallahasseean., 1902-01-24

tween the two, or that the last was
clearly intended to prescribe the only
rule which should govern the case pro-
Vided for, or that it reViSeS the subject
matter of the former.
5. The provisions of chapter 1869,
acts of 1891, relating to the recovery of
double damages and attorneys fees for
live stock killed by the engines and
cars of railroad companies failing to
fnece their tracks as therein required,
were not repealed by section 9, chapter
4189, acts of 1893.
6. The Supreme Court has no juris-
allowance of a reasonable attorney fee
for services rendered in behalf of a de-
fendant in error in said court filed in a
cause pending in said court upon writ
of error from judgement of a Circuit
Court rendered in favor of defendant
in error against plaintiff in error for
double damages, costs and attorneys
fees under chapter 1869, acts 1891.
Judgment affirmed; motion for al
lOwance of attorneys fees denied.
w. A. MacWilliams for plaintiff il
error; Fowler & Fowler for defendant
in error.
The Florida Central and Peninsula
Railroad Company, a corporation un-
der the laws of Florida, plaintiff in
error, VS.. William J. Bell, Eliza Ann
Bell, Frank A. Bell, Matilda F. Fiehe
(nee BelD, Anton Fiehe, Simon l..
Bell, John Walter Bell, Geo. A. Bell
and Florence Bell, defendants in err
HillsbOrOugh county.
Carter, ].
1. A railroad corporation organized
under the general incorporation laws
of this State with respect to railroads
and canals has power under paragraph
4 of section 2241, Revised Statutes, and
section 2158, Revised Statutes, to con-
demn property for it's right of way
along the route Of it's main line, OF
along the right of an extension of. it's
main line, which it is lawfully author
lied to construct.
2. Where a railroad corporation or
ganized prior to the adoption of the
Revised Statutes under the general in
corporation laws Of this State with re-
spect to railroads and canals, by reSo-
luton of its board of directors entered
in the records of its proceedins Ga GER
titled copy thereof being filed with and
recorded by the Secretary of State),
designated the route of a proposed ex-
tension Of its railroad from a point
therein designated being point named
in its charter or articles of association
to point named in such resolution,
both points being stated to be situated
in named county in this State, in
compliance with section IL OF chapter
1887; approved February 10, 1874, it
thereby acquired power and authority
without any amendment Of its charter
or articles Of association to make such
extension the same as if it had been
authorized in its articles of association,
even though such resolution failed to
state the length Of such extension.
3. By section 1859, Revised Statutes,
a railroad corporation authorized to
condemn property for its use, is au-
thorized to proceed under section 1874
ct Seq, Revised Statutes, to condemn
lands actually used by it for right of
way along its line of railroad, where
The Weekly Tallahasseean., 1902-01-24
Au Stuffed Up

That's the condition of many sufferers
from catarrh, especially in the morning.
Great difficulty is experienced in clear
ing the head and throat.
No wonder catarrh causes headache,
impairs the taste, smell: and hearing,
pollutes the breath, deranges the stom.
ach and affects the appetite.
To cure catarrh; treatment must be
OBSERVATION-DISCLOSURES: and tonic.
Il was afflicted with catarrh. I took
medicines of different kinds, giving each
q fair trial; but gradually grew worse until
I could hardly hear, taste or smell. /. then
concluded to try Hoods Sarsaparilla, and
after taking five bottles was cured and
have not had any return Of the disease
since" EUGENE FORBES, Lebanon, Kan.
Hoods JarSdpGriLLd
Cures catarrh-it soOtheS and strength
ems the mucous membrane and builds
up the whole system.
The Weekly Tallahasseean., 1902-01-24

ROSanna S. Lucas, appellant, VS.. Leon
idas H. Wade in his owniright and as
trustee for Mary l. Wade, Leonidas
E. Wade, Jr., and F. lTuly Wade,
Mary l. Wade and Aeonidas E.
Wade, Jr., appellees- county.
Mabry, j.:
l. Where a husband is the real pur-
chaser of land, the title ito which at
his instance is conveyed I'd his wife for
his benefit, the vendor wiz have a lien
on the land for unpaid purchase money
evidenced by notes signed by husband
and wife.
2. The waiver of the lien which arises
in equity in favor of a vendor of real
estate for unpaid purchase money in
defensive matter, and it devolves upon
a defendant insisting on such defence
to allege and prove it. Where, how
ever, minors are interested defendants
the court will, in obedience to the rule
emitting them to special protection in
court of equity, entertain such a de-
fence in their behalf with out its being
specially pleaded. 1a
3. The conclusion of a chancellor on
testimony taken without an onportuni-
ty on his part to see and hearothe wit
nesses, while entitled to due weight, IS
not so conclusive as the; verdict of a
jury, or where he has an OPPORTUNITY
to hear the witnesses. =
4. The testimony examined in this
case and held not to be sufficient to au-
thorize the conclusion that there was a
waiver of a vendors lien shown to ex-
ist.
5. A set-off must be pleaded and exist
in favor of defendant in Il be same right
in. which he is sued.
Decree reversed.
]. M. Bars and H. B. Hhilips for ap-
pellant; A. w. Cockrell 4 Son for ap-
pellees.
The Florida East Coast Railway Com
pany, a corporation under the laws
OF Florida, plaintiff in error, VS.. John
Hazel, defendant in err or-St. Johns
county.
Per curiam.
l. Where the title of an act clearly
though briefly expresses the subject
matter of legislation contained in the
body of the act, and the is nothing
in the act which is not properly con-
nected with such subject matter, the
requirement of section T6, article III,
constitution of 1885, that the subject of
an act of the Legislaturesbe briefly ex-
pressed in the title is complied with.
2. Courts should not resort to critical
or technical construction of the Ian
guage of the title of an; act, in order
to exclude parts of the body of the act
from it's purview as being in violation
of the constitutional requirement that
the subject Of an act be briefly express
ed in the title, nor should the title be
held insufficient to embrace parts of
the body Of the act unless the question
be free from doubt.
The title of Chapter 4O69, acts of
1891, is sufficient to sustain the pro-
visions in the body of the act authOriZ-
ing the recovery Of double damages and
attorneys fees, by owner} of live stock
killed or injured by thd engines and
cars of railway companies failing to
fence their tracks as therein required.
4. Repeats by implication are not ia
VOred, and in order that the court may
declare that one statute repeals ano-
ther by implication, it must appear
that there is positive r&pugnancy be-
The Weekly Tallahasseean., 1902-01-24
This Beautiful Mother
81 Cannot H clip But
Praise Peruna.

ct Am Never Without
1t.
The Wilmington daily Republican., 1902-03-31
SLOP FOR THE PIGS.
Experiments DeMOnstratC That There
Is But small Gain In Mixing
Grain with Water.

The ludiana station has reported
arises in pig feeding namely. what
is the advantage Of mixing the grain
feed with water and how thick or how
thin should sIop be fed? Four lots
OF four pigs each were used in a test
which covered about iilr months. For
about three months all the pigs were
fed meal aud shorts. During the re-
maindcr OF he time hominy feed re-
placed the corn. Lot was given the
ration dry: lot was fed the grain
mixed with an equal wright Of water;
while in the ease Of lot 3 it was mixed
with twice and ia he case of lot 4
three times its weight in water. In nd-
ditiUn to Tia" dry grain or >lop the
Pigs were supplied with all the drink
ing water they desired, aud the
amount consumed was recorded.
The average daily gains of the four
lots were i'll every case IA little over
four ponnGs day. lhp gain required
per pound of gain by The four lots
we're $50, $50, ,. - and @15 pounds re
spectively, while the cost Of food per
pound of gain ranged from rs, cents in
the ease of lot tp@.Ui cents in the case
of lot 9. In view of the fact that
the pigs fed dry grain made slightly
better gains than those fed grain
miX"d with water in the form of slops,
il would appear that there is really
no gain in feeding the pigs slop in
stead OF II dry grain. excepting as a
feeder may regard it II matter of con-
veniencp
The Wilmington daily Republican., 1902-03-31
" uol Bnsinc.S Is Eryi,ing.

The wool bu,inos~ shows many
signs Of imprulrm"nt, The harlem.
ing price, abroad and tive good in
luiry ON domestic account have ere
at"HI II hulli-l feeling in the trade,
and most Of the eastern concerns pre-
dict higher prices later in the sea-
son. For the ~he"pman on the range
this promise. t" IT, II good year.
MUttcn. TO b" in line with other
meat products. must advance. which
it is more likely 10 de- than that
other meats will come down to its
Ic,rI For the man who feeds re-
Su'e are prub"matiraI. but even he
vii, not be thr loser if rh" upward
trend nt the market continues. Chi
,agp Daily sun.
The Wilmington daily Republican., 1902-03-31
TIMELY STOCK NOTES.

In raising calves fer the dairy. com
mcnce with the breeding.
Usually Wrun such calves from their
dams when five days UId.
If horses have pin worms. try an in
irctiou of ~oapsud> and weak tobacco
tea night and morning.
When huI's hair is rough and looks
dead. feed Il good quality Of oiicaNe
and card him Thoroughly.
Beware Of di-,asr if you buy sheep
or swine from Il distance 1har have
pa Sod thronlh stock yards aud have
hc.u tran ported il h" ears,
For Wo'u.d, from tanrd wire. ap-
pI> carAoil" "r.d, unr nrt. with lard,
eish' part. Cleanse th" WuUud first.
Ilrn substitute another sort of fence
N. Y. TrihuUu.
The Wilmington daily Republican., 1902-03-31
How to Prevent Tuuuyvnys.

TIL" man Whu wants 10 b" sur" Of
having a safe driving hor>" will do all
in his power t" prr'ruj that h"rsr
from ever getting nryund CONTROL If
the hur>. gel iu run away once he is
linbIr tu he an un>af" animal ever
.Ft"rward. II i u tribute 10 the good
disposition and good sens" of the
morse that more of them are not
ruined lay rHrrIr~sneSs, Unsafe har-
,.. ucw.rc' 30 fa,trn properly. care
les If rrrk less driving, constant nag
eing until the horse is nervous. or tie
infection Of pain in biting or refining
are common with Young horses being
+ broken to d,iSr. II is a wonder that
there ar" NOT more runHWANS tlan
DOW recorded. National Stockman.
The Wilmington daily Republican., 1902-03-31

Passenger conductors OF the
P. W. a b. spent yesterday at
Cape Charles.
Joseph Mclntire the seven year
old son Of the late Harry Mcln-
tyre was killed in Philadelphia
by trolley car.
The coal-oflice Of H. W. Tolson
Company at Thirteenth and
Thatcher streets was destroyed by
fire yesterday morning.