davidaulloa/AmericanStories huggingface dataset:
Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1902-11-05
Cheaper than Coal.

Go to California via the Chicago
Great Western Railway. Choice OF
Three Through Tourist Cars Ask
any Great Western Agent about parti-
culars. 43-4
The Montgomery advertiser., 1902-08-30
CRoMER STILL FIGHTING.
Will Push His Bill to Re-classify
 the Letter Carriers.

Washington. Aug. 29.-(SpeciaI.)-A communication received from Represen- tative cromer of Indiana today indicates that h. has not abandoned the fight in the House Committee on Postoffices and Postrads. in behalf of the bill to re- classify the letter carriers.
 Without going into the matter in detai," writes Mir. Cromer, T can say ar far as my experience ou the committed goef 1 consider the officers of the asso- ciation have utilized only the most legi tinate means in order to further the interests of their bill. They have con duded their campaign in most frani an6 open manner. President Keller ap peered before the committee and gave . most lucid statement of the present con dition of the carriers. their desires ant thtir reasons for believing themselve: entitled to further consideration at tn hands of the department They hav' me;ely attempted to prove to Congres: that a letter carrier is an intelligent part of the social and industrial organization and a factor in the commercial world that upon his intelligence. promptness, ano reliability depends to considerable extent the social and industrial develop ment of this country; on these grounds they ask for an opportunity to obtain in creased compensation.
 whether their efforts will be success full at the coming session of Congress of course am unable to say, but l an satisfied that earnest, conscientious, ant high-minded conduct of the affairs of tho Association such as has characterized during the past session can not fail tC obtain for the carrier a fair and i'm. partial hearing sooner or later"
The Montgomery advertiser., 1902-08-30
1ONES Y JONES

Petition for an order for collection of
 alImony awarded under a former de-
 cree-Appeal from Chancery Court of
 Fayette.
 L Chancery practice; reservation ot right to enforce decree upon the happen ing of contingency.-Where court of equity renders a decree providing for payments of money in the future, and the ability of the party to pay against whom the decree is rendered is depen- dent upon future contingencies. 1t is proper for the court to reserve the power to control the enforcement and execution of its decree.
 ?. Alimony; petition for collection un- der a former decree-Where court of equity having granted a decree for di- vorce and alimony. reserving the power to control the enforcement and execution of its decree, renders Q decree for un- maid alimony, upon which decree execu- tior Is issued. and the decree. on account of the poverty of the defendant. provides that no other or further execution shall he ssued until the further order of the court. and complaint files a bill for col lection of unpaid alimony. and the peti- lion does not aver any change in the fbanctal condition of the defendant since the rendition of the last decree or that he is able to further pay alimony' and the answer of the defendant shows continuation of his poverty stricken con- dition. it is proper to dismiss the petition
 Affirmed
 opinion by Dowdell. J.
The Montgomery advertiser., 1902-08-30
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT

inal bill answers said petition apo lncor- porated in his answer a demurrsr wnich did not challenge the petitioners tsn. so come into the case, and some ruoh.ne later said respondent moves to dismtss .ne petition, but not on the ground tha .9 petitioner had no right to file it in sa.u cause, and such demurrer and motiof. "ie passed upon, such acts constittA waiver by the parties to the orig suit of any objection to the petitionS, right to intervene therein; and where, ter such rulings are made for more the a year after the intervention Is filed, tte defendant in the pending suit moves N strike the petition for the interventic''. from the file upon the ground that he hat no right to intervene, such motion comes too late.
 g. Right of redemption. junior mortsa- gee-A prior mortgagee in attempting foreclosure of mortgage under therpow- CT of sale contained therein, purchased at said sale without authority being gwen him in the mortgage to so purchase. Tne junior mortgagee within two weeks after said unauthorized purchase disafhrmed said sale and tendefed to the prior mort gagee the amount paid by him together with interest and all lawful charges and asked to be allowed to redeem. This ten- der was authorized and the prior mort gagee declined to allow the junior mort gagee to redeem. Held: Such fact pre- sented a cause of seasonable disafirm- ance of a sale and purchase by the prior mortgasee and the junior mortgagee was entitled to redeem the property conveyed in the mortgagee.
 Affirmed.
 Opinion by Mcclellan. c. J..
The Montgomery advertiser., 1902-08-30
PAYNE, Ex'R. V. LONG.

Action on Promissory Note.-Appeai from
 the Circuit Court of Walker.
 1. Evidence; competency of parties as affected by interest.-In an action on a promissory note in which plaintiffs tes- tator was payee and the issue is wheth- CT there was 8 material alteration by cut ting away a condition, the statement of defendant, the maker, as witness that he never gave any other note with con- dition in it to the plaintiffs testator. or any one else involves no transaction with the deceased. and is not within the ex- ception to the competency of the parties In interest as witnesses.
 9. Same: same.--In an action on pro- missory note in which plaintiffs testator was payee, and the issues are whether the note was ma terially altered by payee and the alteration afterwards ratified by the defendant. the maker, he is not com- potent as a witness to testify for the purpose of impeaching the statement of a witness who was present at conference concerning this note between deceased payee and defendant, thereby weakening the evidence given of transaction with a statement of plaintiffs testator with defendant, which is expressly within the reason and spirit of the prohibition of the statute.
 & Promissory note; ratification after material alteration--In an action on 4 promissory note where the issue is wheth- CT the defendant, the maker, had ratified same after a material alteration, a rati- fication is clearly shown by evidence that after the alteration the defendant made a part payment on the note and prom ised to pay the balance.
 f. Practice; extension of time for sign ing bill of exceptions.-The time for sign ing bill of exceptions fixed by the Court or Judge may be extended by agreement of counsel. and the time fixed may be extended by the Judge in vacation.
 Reversed and remanded.
The Montgomery advertiser., 1902-08-30
WATKINS V. THE STATE.


 Indictment for murder-Appeal from the
 City Court of Mobile.
 l. Homicide: verdict of jury; sufflciency thereof-A verdict of jury that we the jury find the defendant guilty of man. slaughter and fix the punishment at five years in the penitentiary." is sufficient to show that the jury found the defend ant guilty of manslaughter in the first degree, and is sufficient to sustain sen- tence of imprisonment in the peniten- tisry for five years.
 g. Organization of jury; fact that one of the jurors drawn Is dead no ground for quashing venire-The fact that one of the persons whose name was drawn and placed upon the venirc for the trial Of a capital case was dead at the time the venire was drawn, constitutes no ground for cuashing the venire: there being no evidence that the death was known to the court at the time of the drawing or the jury. or of any fraud by which the name of such dead juror was placed upon the list.
 3. Secondary evidence; when admissi- ble-Before secondard evidence of what an absent witness had testified on the pre- liminary hearing is admissible in evidence, a proper predicate must be laid by show ing that such witness was either perma- nently out of the State. with no inten- ton of returning or was indefinitely be- yond the control of the court.
 f. Homicide; charge as toGreedom from fault-On a trial under an indictment for murder, charges which do not hy- pothesize freedom from fault in bringing on the difficulty, or ignore the question of freedom from fault in bringing on the difficulty, are erroneous and properly re- fused
 B. Same; charge to the jury-On trial under an indictment for murder. charge which withholds from the jury the right to determine whether the facts hypoth- esized were sufficient to show imminent peril to life or limb. is properly refused.
 G. Same; same-In the trial of a crim- inal case charges which are argumenta- tive or which lay stress on a particular fact to the exclusion of others. or which are invasive of the province of the jury. are properly refused.
 T. Same; charge as to reasonable doubt In a criminal case a charge which pre- dicates reasonable doubt of the defend ants guilt alone upon defendants good character, Is erroneous and properly re- fused.
 8. Same; same-In a criminal case. a charge is erroneous and properly refused which instructs the jury that Before the jury can convict the defendant they must be satisfied to moral certainty not only that the proof is consistent with the defendants guilt, but that it is wholly inconsistent with every other rational con clusion, and unless the jury are so con- vinced by the evidence of the defendan mt & guilt that they would each venture to act upon that decision in matters of the highest concern and importance to his own interest. then they must find the de- fendant not guilty
 g. Charge to the jury; properly refused when mere repetition.-In the trial of criminal case, it is not error to refuse to give chages which are substantially re- petitions of instructions already given by the court
 Affirmed.
 Opinion by Haralson J.
The Montgomery advertiser., 1902-08-30
UNKNOWN MAN LYNcHED.
Woman Denies That He Attempted to Assault Her,

Monroe. Mich, Aug. 2s.-Walter Lemer' and, lately from Toledo. came home this noon and found man. d Frenchman, tr the house with his wife.
 A quarrel ensued. the unknown man finally running from the house. An of ficer attempter to arrest him. when he ran down Third Street. crowd pursu- ing.
 Tho cry "assaulter' was raised and the mob began to shoot. The man ran into a cornfeld where he was surrounded and shot dead, a bullet penetrating his heart. The woman denies that there was any assault. An inquest is being held. The two men whose shots killed the man are known and arrests soon will ensue.
 Mrs. Leramand says: "The man was sitting in the parlor with me when my husband came home. There was nothing wrcng."
 At first she would not reveal his name, but finally told the sheriff that the dead man is Joseph Labarge. 319 Cherry Street, Toledo She says that she and Lebarge had planned an elopement.
 No arrests will be made until after the inquest tomorrow.
The Montgomery advertiser., 1902-08-30
Opinion by Haralson. J.
OAKLEY ct al. V. HowIsoN


 Action against purchaser at adminis-
 trator's sale to recover purchase price
 of lands sold-Appeal from the Circuit
 Court of Bibb
 l. Action against purchaser at admin istrator's sale for difference between the price bid by him at the sale of the intersate's lands for division. a com plaint which ayers that at the first sale the defendant bid a certain price, which was greater than that bid at the second sale, but that he refused to give sui ficient security as required by law, and by the order of the court. and then ayers that defendant was notified that the ad- ministrators would report his sureties as insufficient and worthless to the court" and that defendant was notified that the court would not accept such worthless sureties. is insufficient in it's averments of notice and is subject to de- murrer for such insufficiency.
 ?. Same; same-In such case. a count of the complaint which ayers a total fail ure and default on the part of the de- fendant to give the sureties as required by law and by the order of the court under which the sale of the lands was made. and there was no effort what ever on the defendants part to comply with such order, it is not necessary to further aver in said count that the de- mendant had notice of such failure and default; and such count of the complaint is insufficient and subject to demurrer for it's failure to aver such notice to the de- fendant.
 8. Same; same.-In such a case, a count of the complaint which ayers fraud on the part of the defendant in bidding at said sale. in that he never intended to comply with the terms of the first sale, and he knew that the sureties on the notes he offered were wholly insolvent and that he gave such notes with the pur- pose and intention on his part of prevent ing the confirmation by the court of the sale, and all of this was done Tn order to compel a resale. whereby he would be enabled to purchase said lands tor much less price. 1t is not necessary to further aver in said count the service of notice upon the defendant for him to appear in court and show cause why his first purchase could not be confirmed and a resale should not be ordered; and such count is not subject to demurrer for fail ure to aver such notice.
 Reversed and remanded.
 Opinion by DOwdell. J.
The Montgomery advertiser., 1902-08-30

HIERONYMUS BROS V. BIENVILLE WATER SUPPLY COMPANY. Action on Contract to Supply Water Appeal from the Circuit Court of Mo- bile.
 l. Continuing contract with water com psny; payment in advance.--A water company, though exercising quasi public functions in supplying the public. may avail itself of the usual rule that where one party to a contract refuses to per | form, the other party may treat the con- tract as ended. and may reasonably re- quire payment in advance; and may also.
 unless under exceptional circumstances, enforce the requirement by cutting of | the supply for non-compliance thereTith by the consumer.
 9 Contract containing clause for ter mination.-A clause in Q contract that provides that the life of the agreement is for one year and to continue thereafter
 until either party shall give the other notice in writing of his desire for a dis continuance. does not affect the right Of either to insist on full performance by the other, or to stop performance for the other party's default.
 B. Contract terminable at will: failure to act on default.-Where contract to supply water Is terminable at will after the first wear. 1t cannot be construed as
 running from year to year thereafter. or as committing one party to the perform ance because that party delayed for a few months to act on the d=tault of the other party.
 4. Contract; recission.-Where con- tract which Is terminable at will after the first year has run into the second year for three or four months, it can be rescinded only by agreement. 5. Affirmative charge.-Where a written contract is silent as to whether perform ance by one party is to be in advance, and the evidence is conflicting. it is error to exclude the testimony offered by that
 party>and give the affirmative charge for the other.
 G. Evidence; admissibility of transac- tions had under a continuing contract Where a continuing contract to supply
 water is kept alive for several years. and one party refuses to go on because of the alleged default in payment by the other. and the issues are whether 1t was agreed that the payments were to be made in advance, and whether they were in ar- rears, transactions had by the parties under the contract are admissible. as tending to show the agreement as to the
 time of payment, and also whether the payments are in arrears Reversed and remanded.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1902-08-30
nnrrHIT Y. MAJORS ct al.

Petition for intervention-Appeal from the
 Chancery Court of Blob
 | Petition for intervention; right to maintain same can be waived-Although a person who is not a party to pending suit in equity has originally no right to intervene in said cause for any purpose. yet the parties to that cause can waive fbe,r obiections to such intervention, and when this is done. the equity set up by in. iutervanor can be lttigated and deter mined as a part of the suit already pend ing.
 2 Same: same; case at bar-Where a person who is not a party to pending suit files a petition for intervention and complainant in the original hill answers said petition admitting all of it's aver ments, and the respondent to the orig
The Montgomery advertiser., 1902-08-30
A Sure Cure for Diarrnoea.

Coming. as it does. in the busiest sea- son. when a man can least afford to lose time. a sure and quick cure for diarrhoea is very desirable. Anyone who has given 1t a trial will tell you that the quickest, surest and most pleasant remedy in use for this disease is Chamberlain's Collie, Cholera and Diarrhoea Remedy. There is no loss of time when 1t is used, as one or two doses of 1t will cure any ordinary attack It never fails. not even in the most severe and dangerous cases. For sale by F. G. Fowler, Druggist. adv.
The Montgomery advertiser., 1902-08-30
TENNESSEE COAL. IRON AND RAIL-
 ROAD lCO. V. GAhDNEh-

StafnvOTN ACtVIr UT h@JSNtf1HN1'N'
 from the circuit Court of Bibb.
 l. Registfation of deed; when not con- structive notict to subsequent grantee The recording ef a deed from any other person than the grantee from whom utle ia claimed will aot operate to give con- structive notice to a subsequent grantee
 ? Same; statute applicable to judicial salcs.-The statute pr evidins that con- veyances of real property are vaid as to purchasers for a valuable consideration having no notice thereof. unless recordet within thirty days from their date Code Sec. 1O05) affords the same protection tc purchasers at judicial sales that 1t does to purchasers at private or individual sales.
 Reserved and rendered.
 Opinion by Dowdell. J.
The Montgomery advertiser., 1902-08-30
SUMMER EXCURSIONS BY RAIL
 AND SAIL,

The Central of Georgia Railway and connections are now selling round trir tickets to New York. Boston. Baltimore and Philadelphia via Savannah and Steamship Lines at very low rates, Tick. cts include meals and berth aboard ship. Much less than all rail For further par ticulars, berth reservations. rates, etc. apply to any Agent Central of Georgia Railway. or to
 R. c. Rogers. T. P. A.,
 Commerce St. Montgomery Ala adv-t4-thu-sat-s
The Montgomery advertiser., 1902-08-30
ELECTRIC LIGHTING COMPANY OF MOBILE V. RUST; AND RUST V.
 ELECTRIC LIGHTING COM

ELEC hItJ Ll6f1 lENI OOh-
 PANY OF MOBILE. Suit to Recover a Reasonable Compensa-
 ton for the Use of Property Wrong fully Detained.-Appesl from the Chan
 cery Court of Mobile.
 1. Evidence; exclusion of deposition be- cause of evasive and insufficient answers. Where the answers of a witness to interroga tories. taken by deposition, are evasive and insufficient, the entire de- position should be suppressed on motion. ?. Damages for wrongful detention of property; when they arise.-Where the original possession of property is under a contract and rightful, damages for wrong ful detention arise only after demand made and a refusal to deliver.
 Reversed and remanded
 Opinion by Dowden. J.
The Montgomery advertiser., 1902-08-30

proprietor for material furnished the con- tractor for improvements on real estate, 1t Is not necessary, under the statute. to aver in terms in the complaint that the material was furnished under a con- tract with the contractor; 1t is enough that the facts averred showed such con- tract and that the materials were fur nished for and used in the building; and an averment of notice, that on a certain day the plaintiffs served written notice on the owner. setting forth that they claimed lien on the building and im- provements, the amount thereof, for what and from whom 1t was owing" is a sufficient averment as to notice, under the statute. when taken in connection with the allegations In the complaint setting forth the amount of the claim, that same was due plaintiffs from con tractor, and that the same was for ma terials furnished for the improvements described in the complaint.
 ?. Practice; time for signing bill of ex- ceptions-Where during term time, by agreement of the parties. the presiding judge issues an order extending the time for signing a bill of exceptions, the bill of exceptions must be signed within that period. unless it is agreed that further extension of time be granted, in which ease such agreement must be entered into Within a period fixed by the pervious oSder. The provisions of the statute cam not be displaced or avoided by consent of she parties. (Tyson. J.. dessenting)
 B. Verdict; doubtful and indefinite; ip- suffie ffieient.-In an action by material man Tor the enforcement of the statutory lien against the property of the owner for material furnished the contractor. where the question of an unpaid balance in the \hands of the owner is an issue, a verdict that makes a general assessment of dama ses for the plaintiffs and then further states that the jury finds that inc owner is due the contractor an un- amount is doubtful and inde- finite and therefore is insufficient to sup mort a judgment against the owner. tAac- Cellan. c. J., dessenting)
 Reversed and remanded.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1902-08-30
TISDALE V. ALABAMA & GEORGIA
 II-MRER COMPANY

Action by material man for the enforce
 ment of statutory lien against proper
 ty of owner for material furnished
 contractor.-Appeal from the Circuit
 Court of Montgomery.
 1. Averment of complaint; demurrer In an action by a material-man for the enforcement of the statutory lien against the property of the owner and
The Montgomery advertiser., 1902-08-30
KIDNEY TROUBLES.
Mrs. Louise M. Gibson Says That This
 Fatal Disease is Easily Cured by Lydia F. Pinkham's Vegetable Compound.

a anicted
 
 patient seldom survives
  remedy ius- E. VegetabIe COmpOundwas careful combination of herbs which control troubles The Vegetable Compound female while kidney troubles Lydia Pink the only especially prepared for yoncu
The Montgomery advertiser., 1902-08-30
>Ex Parte JONES. Ftetition for mandamus.

| Mandamus; when issued to correct erroneous ruling. ordinarily 1t is not inc office of writ of mandamus to revise judicial acton. put 10 compei suon action. vet writ of mandamus will lie to correct ar erroneous ruhhs or a court where injufy results ana there eAs.s no right ot appeal or other aoeauale means of redress.
 2. Equity practice' "heh eohipiaihV can dismiss bill-As a general rule. a comnlainant, has a right to dismiss a suit |, ao,,itv whenever he elects to do so. but he, can not as a mater ot .isn., dismiss his suit when the respondent has acouired riepts in the proceeding by an- swsr ar cross bill and would be pre- i,,d,ced bv such dismissal.
 petition for mandamus denied.
 Onipion hv Dowdell, J.
The Montgomery advertiser., 1902-08-30

PERMANENT MUSCULAR STRENTH cannot exist where there is not blood strength. Young men giving attention to muscular development should bear this in mind. Hoods Sarsaparilla gives blood strength and builds up the whole system.
 D-adv.
The Montgomery advertiser., 1902-08-30
SneciaI Matinee.

Today and tonight at McDonald's. an up-to-date vaudeville performance. 2 cts. Don't miss 1t. adv
The Montgomery advertiser., 1902-08-30
WANTED-sITUATIoN


 wANTED-By young man, we'll acquainted in MontRomerv a position collector; will fur nish references. Address c. J. M, care Az Sertiser. <'
The Montgomery advertiser., 1902-08-30
wANTED-MALE HELP.

TRUSTWORTHY person in each county to manage business of old established house of solid financial standing; straight bona hde weekly salary of SIS paid by check eacn Wednesday. with all expenses. direct from headquarters: money advanced for expenses. Manager. SIP CaxtOn Bldg, Chicago.
 mh-sa-su-St
The Montgomery advertiser., 1902-08-30

You have probably noticed that when a mans grandfather fought in the Rev olutionary war he was an officer.