davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-01-07

srtd an order Saturday directing the appointed magistrates on the ground that the law under which the contesting magistrates were elected was unconsti- tutional. At about the same tine Corpo- ration Counsel Rives gave an opinion to the police department holding 1t to be their duty to regard the elected mag istrates as legally entitled to the possess, sion of the offices.
The Montgomery advertiser., 1902-01-07
THE FARMERS SAVING AND BUILD
 ING AND LOAN ASSOCIATION V. EENr R SAROTKA

ING AND LOAN ASSOCIATION V.
 KENT & SABOTKA.
 Bill in Equity for Injunction of Sale Un-
 der Power in Mortgage.-Appeal
 from the Chancery Court of Morgan. l. Mortgage: foreclosure when mort gagged premises have been sold after exc gagor. after the execution of the mort gage. conveys different parcels of the mortgaged property to different persons at different times, by warranty deeds ence of the mortgage. and he retains a portion of the mortgaged premises him. self, the portion of such premises re- tained by the mortgagor is primarily debt. and must be first sold to satisfy the mortgage, and if this portion proves insufficient, resort may be then had to the parcels conveyed. by selling them in either of the subsequent purchasers of the portion of the mortgaged premises can maintain a bill against the mort gagee to protect and enforce his equity of exoneration, and for this purpose Is entitled to an accounting. in order to as- certain the amount of the mortgage debt, and Is also entitled to an injunction re- straining sale under the power of any of the mortgaged premises until this ac- counting has been had.
 Building and loan association; when contract of subscription for stock not an Alabama contract.-WAere application for membership in a foreign building and loan association with it's place of busi- ness in another State Is sent to it's of flee in said other State, and the applica- ton Is accepted at such office and the stock issued to the applicant from such office, such subscription is not an Ala bama contract.
 3. Same; when mortgage contract n3t an Alabama contraot.-Where a stock holder in foreign building and loan association makes application for loan which is sent to the office of the asso- citation in another State. and the note
The Montgomery advertiser., 1902-01-07
EIGHTEEN LIVES LOST.
Two Vessels Sink Off Aveiro,
 Portupal

Lisbon, Jan. 6.-The British steamer Alfonso. from Newport December 15, for Gibraltar and the Spanish steamer Vitel- va, both loaded with coal. collided du- ring the night of January 4 off Aveiro, Portugal. Both vessels sank.
 Eighteen men of the Alfonso and man belonging to the Vitelva were drowned.
 Twenty-four members of the Vitelva's crew and the captain of the Alfonso were picked up and landed at Linhoos.
The Montgomery advertiser., 1902-01-07
MARK V. THREEr.

Statutory .Aslon of hJsctment-Appeal
 from the Circuit Court of Marengo.
 | Statutory action of ejectment; rari- ance in description in deed and mort gage. justifies their exclusion as evil dence of title-Where. in an action of ejectment. the plaintiff claims title to mortgage, and in the complaint said lots arc described as lots '59 and 5s'' and in the mortgage from the defendant and in the deed to the plaintiff said lots are ignated city. there Is a variance which justiiies the court in excluding from the evidence the deed and mortgage offered by the plaintiff as muniments of title. so far as lot 5S is concerned.
 2. Homestead; what necessary to con stituta same-Where two lots Tn a city adjoin each other and are inclosed by the same fence and upon one there Is situated the house occupied by the owner and up- pn the other lot there Is located barn, cow-shed and stable which are used by such owner in the comfort and sustenance of himself and family. and such lots do not exceed in value the limit fixed by law Rs a homestead. such lots together con Ftitute the homestead of the owner, and In the conveyance thereof the rules and regulations for the alienation of the homestead as prescribed by law must be observed.
 :. Same: when not destroyed by cree. ton of storehouse-Where upon lot on which is erected the dwelling of the owner, which is occupied and used by him as a homestead. there is erected 8. storehouse which Is used for the sell ing of merchandise. but the said lot, to- gether with the dwelling and the store ( house does not exceed the statutory value of homestead. and the store IS used only secondary to the occupation of the lot as a homestead. the erection of said storehouse does not prevent the owner from claiming said lot as home stead exemption.
 4 Conveyance of homestead; when spffe's acknowl led gment insufficient-A cer- t!ficate of the acknowledgement of the wife and the conveyance of the home stead, that she signed the same of her constraint or "persuasion'' of the hus- band, instead of without threats" of her husband, as reoquired by the statute regulating the alienation of the home stead. is Insufficient to divest title to the homestead
 Affirmed.
 Opinion by Tyson. J.
The Montgomery advertiser., 1902-01-07

"Dou you mean to say that you have not read all of Shakespeare's plays!"
 No" answered Miss Cayenne. "ro tell the truth I did not mean to say it. As in the case of most people, the confess sion slipped out quite by accident" Washington Star.
The Montgomery advertiser., 1902-01-07
Medical Society Meets.

Huntsville, Jan. 6.-(Special.) )-The Mad ison County Medical Society held its an- nual meeting this evening and elected the following officers: w. D. Pettus, Presi- dent; F. E. Baldridge Vice. President; Edgar Rand, Secretary and Treasurer.
 Mrs. Ann W. Burwell Ss years old, died this afternoon. She was a resident of Madison County more than fifty years.
The Montgomery advertiser., 1902-01-07

Tomdix-Did you ever cross the ocean; Hojax-Yes; once.
 Tomdix-What were your feelings? Hojax-Oh, sane as usual l wanted the earth.-Chicago News.
The Montgomery advertiser., 1902-01-07

"Say!" the girls father called from above stairs. "this is an unearthly hour for that young man to be here. Mary"
 You're right" responded the young man who had just been accepted; the hour is unearthly. sure enough-it's s simply heavenly. y."-Philadelphia Ledger
The Montgomery advertiser., 1902-01-07

An engaged girl always has part o| her trousseau lying around handy, that whenever he comes she can grab it up and be surprised to ge caught working on 1t.
The Montgomery advertiser., 1902-01-07

He Cgaily)-Isn't it beauty of an en- gagement ring?
 She thoughtlessly)-Yes! But. oh, George, papa doesn't allow me to accept such expensive presents from gentlemen do not expect to marry.-Brooklyn Eagle
The Montgomery advertiser., 1902-01-07
4 LITTLE FUN NOW AND THEN.
Amusing Paragraphs to Provoke a
 Smile.

He-I thought you looked charming last night
 She-Oh. now! Did you really?' He-Yes, Why, l couldn't hardly be- lieve it was you.-Philadelphia Bulletin.
The Montgomery advertiser., 1902-01-07
Cured of Piles.

A. L. Husing. Alma, W. Va, writes:
 'I suffered frightfully for 20 years from itching. blind and bleeding piles. I tried many remedies without relief; the first application of Pyramid Pile Cure gave blessed relief and part of 50 cent box cured me completely" For sale by all druggists: Little book, Piles, Causes and Cure" mailed free. Pyramid Drug Co.,, Marshall, Mich. tu-thu-su.
The Montgomery advertiser., 1902-01-07

Backstop-Im glad to see that you are making a name for yourself as an au- thor, old man.
 Scriblet (modestly)-Yes. Honors are being heaped on me. Why, it was only yesterday that I learned that my latest book had been thrown out of the Boston Library-Harper's Bazaar.
The Montgomery advertiser., 1902-01-07

You thought by presenting Miss Swelle that diamond ring that she would give her consent when you asked her to mar ry you?"
 "Yes, that's what I thought, but she didn't. She said that a man who didn't have any more brains than to buy d diamond ring on my present salary was a man to be carefully avoided.-lndiana- polls Sups
The Montgomery advertiser., 1902-01-07

BRAZEI. ct al V. NE " SOUTH COAL
 COMPANY. Statutory action of ejectment-AppeaI from the Circuit Court of Walker 1. Appeal; does not lie from judgment granting motion in arrest of judgment No appeal lies to the Supreme Court from judgment of the trial court g~4nt- ing a motion in arrest of judgment Appeal dismissed
 Oninion by Tyson, J.
The Montgomery advertiser., 1902-01-07

Charley, dear" said young Mrs. Tor kins, "I am sometimes sorry that Christ mas does not come on the 2Sth of the month instead of the 25th.
 "I don't see why"
 q have observed in going through the shops that so many things are cheaper on the 27th than they are on the 24th."- Washington Star.
The Montgomery advertiser., 1902-01-07
ss.s.s.. ~~~.Hs* ***..s.ss~ HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.
, . .

evidencing said debt and the mortgage e..... .J .,>~.-e tllc Saile are oateo anu made payable at said office Of the asso- citation, and all monthly dues are paya, mortgage were delivered to the associa- ton at said office. and the check drawn by the treasurer of the association TOT the amount of the loan was mailed at
 said office, and after having been en- dorsed by the borrower was paid by the association in the city where said of-
 flee was located to the indorsee Of the borrower. such contract Is not an Ala
 bama contract, but one made, in the State where said association and its of-
 flee are situated.
 f. Building and loan association; sub scription to stock and loan; usury.-A subscriber in a foreign building and loan
 association borrowed money from such association on such terms as were pre- scribed by the bylaws of the association, and in accordance with the statute re-
 lating thereto. Under such bylaws the borrowing members of the association were required to pay in monthly install ments interest on the loan at the rate
 fixed by the statute and to pay monthly stated sums as premium on the stock sub scribed for. The stockholder transferred
 his stock to the association as collateral security for the mortgage debt. It was provided that unless default was made
 mortgage debt was 70 be paid by the
 maturing of the stock. Held: That there
 was dual contractual relation of share | holder and borrower borne hy said per- 1 son to the association, and the contract | with the association as a stockholder | was distinct from that of a borrower. and, therefore, it could not be said that | the subscription to the stock and the | borrowing constituted but one singla
 transaction, which took the form of a
 scheme or device to avoid the usury | laws.
 | 5. Same; made charge premium, and | interest on amount loaned.-Where a | building and loan association Is author | ized by the law of the State in which 1t | Is organized. to sell it's loans to the | highest bidder among its members. the | premium bid by a borrower from such | association constitutes an indebtedness distinct from the loan itself and may | be deducted from the amount loaned and | interest still charged on the whole | amount: and it can make no difference l as to whether or not the borrower | should be present and make the bid in person. since every purpose of the act is
 met by written bid filed with the sec
 retary of the association.
 | 6. Same; when loan by such company | borrowing of money from foreign l building and loan association Is made at l the principal place of business of said
 association, and on such terms as are prescribed by the bylaws of the associ- | ation. and in accordance with the statute
 relating to such associations, such con l tract Is not restricted by the statute. in
 this State, regulating the rate of inter-
 est generally. and is not void for usury Reversed and remanded.
 Opinion by Tyson J.
The Montgomery advertiser., 1902-01-07

WATTS ct al V. BURGESS & co. bill in equity to cancel deed as fraud
 Glent d5 against existing creditors
 Appeal from the Chancery Court of
 Marengo.
 1. Conveyance to wife: void as against existing creditors; burden of proof as to consideration-A conveyance of land executed to the wife of a debtor by a third party at tie instance of the hus- band who had paid the purchase money, is void as against the latters existing creditors, and when assailed by them the the consideration did not move from the husband. but was paid with her separate funds, and not with the funds of her husband. directly or indirectly and in order to meet this burden the wife must aftirmatively aver in her answer and clearly and fully show by her evidence the actual payment of the consideration. in what 1t consisted and how 1t was paid
 Affirmed.
 Opinion by Haralson. J.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01
TOPEKA STATE JoURNAI TUESDAY evenings JULY / 1904

second: Redskin. 1os, third. Value. $50.
isss-N is Pooh. 1os. won: clifrord, 1as.
second; Dutch Skater. 50. third Value.
iss7-Ben Brush. 12s, won; The Friar. 1o7,
second; Valley. los, third Value, 1850.
1sss-ornament. 12s. won; Ttllo.. 1875. sec
ON George K IS lo4' third. Value. =
isss-Imp, lis, won; Ethe1bert, 1885, sec
ond; Bangle. liz. third Value, =, 20. Time,
isoe@Jack Point. 100: von; The Kentus q
sz6 Time, 2:Oz IS
ond: Aicedo. Us. third. Value. S. leo Time.
In the race Of 1895 the distance was one
mile and an eighth. 20 that the fastest
time made in the race for the present dis
lance Of one mile and quarter was made
The conditions Of the race are as fol-
s'The Brighton handicap; for s.year-olds
and upward; by subscription of 500 each.
s1oo forfeit Jog Or only 81 # dec5afed Py ten
81 600 to the second horse and $500 to the
third; weights to be ANNOUNCED on FEB
ruary l. 1902: winners, after the announce
ment Of the weights Of two ;, RACES OF the
or one of 81 400, pounds extra: Of three
races of 81 200 each, OF. two ct 8, 400 each.
or one Of the value OF = oe9 Y POUNDS, ex.
from lis to 121 pounds, penalties shall ap,
by to the extent OF one-half only: from l2z
to 1z9 pounds, one-Quafter only, and
horses Handicapped ct 100 pounds or over
ter -
mated to be more than $4,000
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01

KANSAS NEWS.
Two Mem Go to Law Over Wheat
on Poor Farm.
Question Has No Precedent I'm
Bourbon County Court.
ABOUT 1000 BUSHELS.
One Man Furnishes Seed and
Prepares Ground.
Afterwards Displaced and New
Nan Claims Harvest.
ABOUT 1000 BUSHELS.

Fort Scott. July 1.-The Tribune says:
In the suit that MIN Williams last even
ing brought against Jess Kent. for pos
session of the 80 acres OF wheat on the
poor farm. which Mr.. Kent is now
harvesting and which has been attach
the like of which has no precedent In
the Bourbon county court.
Mr.. Kent was keeper of the poor
farm last year and in the fall expecting
to, keep the farm another year. he SOW
ed the wheat. Last spring, as the wheat
was doing we'll. the commissioners turn
ed him out of the farm and gave the
Williams claims the wheat belonged to
the owner of the farn-the county
and that when he was given possession
OF the farm the wheat was transferred
with it. Mr.. Kent claims that inasmuch
as he planted the crop it is his. This
question might have been raised before
had 1t happened that there had been
when there was a change OF keepers.
but such a circumstance never happen
ed before. 1t has always been that the
crops on the farm were harvested in
the fall.
Sheriff Brooks went out today and
levied upon the wheat. He estimates
that there will be 1000 bushels of it Mr..
Kent has employed J. !. Sheppard to
dght the case.
The differences between the two men
were taken before the county board and
Conan issioner Neal advised compro-
mise by Williams paying Kent 81 per
acre for blowing the land and paying
for the seed and sowing. then dividing
the wheat equally between them. Kent
consented to such a compromise hui
Williams would not. Now it win go t.
the courts.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01
Brighton Beach Racing VIII
Open on Saturday.
Brighton Handicap Of Course the
Star Event.
LIST OF THE STARTERS
Some Of the Best Horses in
America Are Entered.


New York. July 1.-The Brighton
Beach racetrack will be opened next
Saturday with an admirable schedule OF
races, Of which the Brighton Handicap
is the star event. A good field is In
sight for this race. and 1t is the behef
Racing association that one of the
dozen or so horses which will go to the
post for that contest will come close to
shaving down the record, If not actual
ly accomplishing this feat. The belief
is based. first, on the fact that the
present racing season is developing
some wonderfully fast animals, and,
second that the Brighton track Is now
faster than ever. for it has been care
fully resoiled and reworked for the
coming season.
There are seventy-four. acres in the
Enclosure which has been set apart for
the use of the Brighton Beach Racing
association. and although there isplenty
Of room for stables around the track.
few have been built there. The contest
ants In the races at Brighton are for
the most part stabbed at Gravesend and
Sheepshead Bay and led to the track
each day prior to the races. 1t Is only
a ten-minute walk for a spirited race
horse from either Sheepshead Bay or
Gravesend to Brighton, and at noon
time, when the race season Is on, 1t IS
a customary sight in the neighborhood
of the track to see what might be term
ed q parade OF thorouGhbreds headed
for Brighton.
The opening OF the track with the
races of next Saturday is auspicious. as
judged from the character of the horses
has made a thorough canvass of the
list, and the horses whose owners at the
present time are DESTROYS OF starting
them, he says. are as follows:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01
1AMPL1aHrER e-YEAR-oLDs.
Walbaum's Old Horse Has Sired
More Winning Colts.

Lexington KY, July IA Kentucky
Bluegrass sire heads the list OF winning
stations of the year in the number OF
2-year-old representatives that have
won first money. Three western horses
have the honor of standing at the head
Of the list from the standpoint OF the
nun Der of races won.
The horse is Lamp1ighter, from the
McGrathiana stud of Milton Young, and
the winning colts are J. Sidney Walker.
Lauralighter and Mallory, each OF
which has won seven races. Lamplight-
er has had eight winners on the turf
so far this season. Imp. Ben StrOme.
imp. Lissak, imp. Pirate of Penzance
and A1tamax have six winners opposite
their names, while Hastings, the sire OF
the mighty Mizzen. imp Golden Garter.
Russell and imp. Top Gallant have each
had five of their progeny to win races
in 1902.
Nearly $50 2-year-old racers have been
run this year. Seven horses have sired
as many as two stake winners. They
are imp. Pirate of Penzance. with Pluck
and River Pirate; Onondaga, with Mary
Street and Mallory; Ornament, with
Morris, with Bill Nixon and defiant;
imp. St Andrew, with Allen and Mary
Lavana, and Troubadour with EARLY
and Josette.
Mizzen is the largest winning 2-year-
old of the year, with $50, los to his credit.
He Is unbeaten. defiant is unbeateE
among western FLIES and Astarita in
the east
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01
ooNooRDIA COLD STORAGE
u Building One With Capacity Of
Fifty Carloadg

Concordia, July 1.-The Concordia Ice
and Cold Storage company. chartered
for $4,000. expects to commence the
manufacture Of ice in August but the
entire plant will not be ready for &C.
cupancy before September.
The officers OF the company are:
President. John Stewart; vice president
A. Hirsch; treasurer, George g. Hill;
general manager, c. A. Betourney. The
entire building ia 56x132 feet. while the
main building 10 66x60 feet and two
stories above the basement The entire
structure is built Of Cloud county stone
while the greater part OF the lumber
used in its construction was grown on
the Republican river When completed
the cold storage capacity will be not
less than so carloads. The machinery IN
the structure is up to date, and has
two Corliss engines Of 2S0 horse power
each. A we'll has been sunk In -cOnnec-
ton, which will furnish, If required. 200
gallons of water a minute. The Union
Pacific and Missouri Pacific roads are
building switches to the plant, while the
Santa Fe tracks already tap it, and the
Burlington will see that they get to it.
When completed and in running order
the plant will represent capital Of $30.-
600
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01
Items from Phillipsburg.

Phillipsburg, Kan, July IA very
successful Normal institute has just
closed here There were $50 teachers
enrolled. and a deep interest was taken
In the work. An entertaining musical
recital was given at the Presbyterian
church by the pupils of Miss Sund-
strum who had been teaching music
here the past year. The numbers were
very fine and OF high grade.
At our annual school meeting recently
held here the utmost good feeling pre-
vailed and our people determined to
make our school second to none by
having a long school term and employ
Ing an excellent corps of teachers.
Republicans here are generally dis
gusted with the position taken by Sem
ator Burton on the question of Cuban
reciprocity. They believe that the
president is right and that it is carry
ing the principle of protection too far
to break faith with the Island OF Cuba
and refuse her help in her extremity.
simply for the sake Of q tariff that benz
eflts few and that upon an article
that IL Of general use In the United
States. The senator's attempt to read
Just himself to his constituency will b.
watched with peculiar interest by the
Republicans OF this county.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01
Remarkable cure Of uiarrhoee,

About six years ago for the first time
tack Of diarrhoea." says Mrs Aiics Mnier
Of Morgon. Tex. 7 got temporary relief
for six long years I have suffered more
misery and agony than can tell. Il was
worse than death. Ny husband spent
scripticns and treatment Without avaii.
Finally we moved to Bosque county, our
present home, and one day happened To
see an advertisement OF Chamberlain .
Collie. Cholera and Dtarrhoea Remedy With
testimonial of q man who had been
cured by it. The case was 70 similar to my
own that / concluded to try the remedy
The result was wonderful. could hardly
could be 20 after having suffered 20 long,
but that one bottle of medicine costing
all druggists.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01
AMERICAN LEAGUE
AT ST. LOUIS.

The second game between st. Louis and
Cleveland was IS inning pitchers battle
between Reidy and Bernhard, darkness
after the eighth The leld was so very soft
and slippery that the players had trouble
the ST. Louis team went to pieces behind
Harper, who was very wild. He was bat
ted all over the lot. 1ajoie, Hickman and
Bradley touching him for successive runs
in the sixth inning.
Score by innings: R.H.E.
Cleveland -. ....ze22o50oo-i7 Is
st: Louis .......:... OQ1O001 o. s s
Batteries-Wright and Bemis. Harper
Second same-scot. fsss s- r. lie.
s.; LOUIS. 0o000999oo200S000ooo9o9s
Batteries--Reidy and Donahue: Bern
hard and Wood.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-01
Colored Man Surprised.

Junction city. July LIN. 8. Roark.
county attorney of Gearyfc0unty, re-
turned from W9llace. Kasf., today. He
went to Wallace to assfst in the prose-
cution of 2 negro named James An
derson who shot and killed Benjamin
Brassfield, on June /. Saturday, An
derspn was convicted OF murder In the
first degree. and WAS sentenced to be
hung. Anderson made a full confession
OF the murder. He said that in commit
fenced to the penffentiary for five years,
the same az Black Diamond. a negro
who shot and killed white man In
Manhattan last winter. He said he
was willing to serve q term of Ave
years to be avenged on Brasefield for q
trivfal matter, over which they fell out
while working on the Union Pacific ball
last gang.