davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1902-12-17
A New Charter.

''The next succeeding legislature, that of 1S9S-99, granted to the board of mayor and aldermen of Birmingham another new charter. This charter gave them power to authorize and regulate the use of the streets by electric or other rail- ways, and to authorize and regulate the use of the streets for telegraph, tele- phone, electric and other wires, and to authorize and regulate the construction of gas and water mains under the streets to regulate or prohibit aucroneers from carrying on their business on the streets, to cause streets to be improved and to keep the same clean, being approximately the same powers granted in 1S90-91. In this act there is no special reference made in any way to fruit or confectionery stands. The act concludes that 'allaws and parts of laws in conflict with the provisions of this act be and the same are hereby re- pealed.' It was approved February 2S. 1899, and went into effect by its terms immedi- ately upon it's approval by the governor. The amendments to the charter which have been made since this act have no bearing on the matter in question.
 'I am clear in the opinion that the cat approved February IS, 1897, was within the powers of the legislature, and that the board of mayor and aldermen were acting wholly within their authority in licensing fruit stands between that time and the time of the approval of the last charter. The question, to my mind, is whether the last charter repeals the special act. Mir. Floyd, acting, as I un- derstand, for the retail merchants, has submitted the following authorities:
 Acts of 1s9S-99, page 1891; Constitution of Alabama, sections 104-5-6 and 10; First National Bank of Mntgmery vs. Tison B Sou. Rep, IA; Costello vs. the State, los Ala. 45; Elliott on Roads and Streets, sections 145-6, D. 69O; State vs. Birdetta, 3S American Rep, 117; Reed vs. Mayor and Aldermen of Birmingham, g Sou. Rep. 16l; Din vs. Board of Education, 10 L. R. A., 276; Field vs. Barring, "A L. k. A, 403.
 ''The principle outline in these authori- ties are familiar to me, but do not be-
The Birmingham age-herald., 1902-12-17
SUES FOR DAMAGES.
Plaintiffs Say Chief Austin Broke
 Down Doors.

A suit for $1OO0 has been filed in the City .ourt by Louis Brandes against Chief of Police Austin and Policemen R. w. Wal lrop, w. E. Jordan and H. T. Culpepper. The complaint alleges that the officers entered the fourth floor of the Opera House hotel on the 11th of this month md wrenched from their hinges three ioors, which they carried away; that the ioors were valued at $15 each, and that he action was in the presence or citizens md guests of the hotel.
 The officers were served with warrants yesterday. commanding them to appear md answer to the complaint within thir- y days.
 The Opera House hotel Is conducted by the plaintiff in the suit. The officers went to the place, suspecting that gambling was in progress. A negro was arrested and the doors were taken down and car lied away.
The Birmingham age-herald., 1902-12-17
BiSHOP-ELECT.
Conservation of Dr.. Becl<with Will
 Take Place Today.

The conservation of the Rev. Charles NJ. Beclwith, D. D., bishop-elect of the iiocese of Alabama, will take place in St. Johns church, Montgomery, today. Bishop Thomas U. Dudley of Kentucky and five other prelates. together with thirty-five or forty of the clergy of this state will be present.
 The order of exercises will be morning prayer at 930 a. m. and the consecration, including holy communion, beginning at Il a. m. The conservation sermon will be preached by Bishop G. II. Kinsolving of Texas.
The Birmingham age-herald., 1902-12-17
Increase of 10 Per Cent.

Washington, December 16.-Additional tariff schedules filed with the interstate commerce commission by the railroads in the official classification territory, com prising all lines east of the Mississippi. and north of the Ohio and Potomac, shows that the general increase of all iron and steel articles will be ten per cent
The Birmingham age-herald., 1902-12-17
Always Good.

When people who use other brands are kicking about their flour, users of elf ton" are enjoying the same contentment as of yore. Nothing but good, souno wheat is used in making Clifton" hence 1t is always good Ask your grocer for 1t. For sale by w. B. Emond, J. E. Burke, Tomlin Grocery company, c. E. Cox, Fowlkes & Myatt Go. and Mackin Bros.
The Birmingham age-herald., 1902-12-17
TO BEGIN WORK.
TO BEGIN WORK. Ground for First National Building to Be Broken In January.

The Woodward Construction company, which has been organized to erect the ten-story building at the northeast cor ner of Twentieth street and Second ave- nue, to be known as the First National Bank building. will break ground about January l. The architect. w. C. Weston Is in Chicago in consultation with John Griffith, the contractor, with regard to the steel shapes needed in the frame work.
 The directors of the Woodward Con- struction company are: President, w. H. Woodward; E. L. Brown, Culpepper Exum and w. R. Brown. The capital Of the company is $7OO, ,0O0
The Birmingham age-herald., 1902-12-17
Ci1 Attorney Smith Renders
 Opinion on Subject
THE PRIVILEGE IS ABUSED
Suggests That the Fruit Dealers Be Confined to the Three Feet as Allowed By the
 Statute.

City Attorney Ed Smith has decided that the fruit stands being on the side walks is legal, but that the privilege Is being badly abused in Birmingham.
 He thinks the fruit dealers should be required to abide by the section of the special act of the legislature which al- lows them three feet.
 The city attorney Is, however, not posi- tive in his opinion, and states that after careful investigation he has been unable to find any case which will settle the question: either in Alabama or any other state. In his opinion, the only way 10 really settle the matter is to swear out a warrant and carry the case to the Su- preme court and let it be decided there
 In his decision he quotes several cases, but none of them, according to him, bear on the subject directly. and several of them refer to railroads, telegraph and telephone poles, which are not included in the question at issue. The police com- mission decided that these were all H. legal, but that 1t was in doubt in regard to the fruit stands.
 Attorney Smiths Opinion.
 Following is his opinion:
 By the legislature in session in 1S90- 1891 the city of Birmingham was given a new charter, and in this charter the board of mayor and aldermen was given general supervisory power over the streets, alleys and avenues of the city. It was evidently thought at that time that the board had power to authorize and H. cense fruit stands on the streets of the city for licenses were granted by the board and the business was engaged in by those to whom the licenses were granted.
 An indictment was found against one Costello and others for maintaining a public nuisance, on the theory that the charter of 1S9O-91 did not give the board the power to license these Instructions. Costello, although he pleaded the license of the board in defense of the prosecution against him, was found guilty under the indictment and the Supreme court sus- tained the finding of the lower court In the case of Costello vs. the State, 10S Alabama, 45. This decision wah handed down during the November term, 1895. The next legislature, which met in No- vember 1896, passed an act, to be found in the acts of 1867, page 1212, expressly giving to the board of mayor and alder men of Birmingham the right to license, regulate, restrain or prohibit the erection of fruit or confectionery stands on or above the side walks of the city of Bir- mingham. Thc act was approved Feb rueary IS, 1897. It was not passed as an amendment to the charter of 1s9O-91, but was headed "An act to authorize the board of mayor and aldermen of Birming- ham to license. regulate, restrain or pro- hibit the erection of fruit and confec- tionery stands on or above the side walks of said city"
The Birmingham age-herald., 1902-12-17
ADJUSTMENTS.
ATTHE JEFFERSON,

Thursday Nieht-Boston Ladies' Symphony Orchestra.
 Friday Matinee and Nieht-Rose coghIan, in "The Second Mrs. Tanque- ray"
 AT THE BlJOU. The Bjou Musical Comedy company in "A Stranger In Strange Land." Matinees Thursday and Saturday.
The Birmingham age-herald., 1902-12-17
At the DiIou,

There were over 2OOO people at the per- formance at the Bijou last night, the largest number which has ever attended a theatrical performance in the city. Every seat was sold and standing room
The Birmingham age-herald., 1902-12-17
Senator PrItchard III.

Washington, December 16. = Senator Pritchard of North Carolina today under went a slight surgical operation. The operation was not serious, and the sem ator is resting comfortably.
The Birmingham age-herald., 1902-12-17
Boston Ladies' symphony orchestra

The Boston Ladies Symphony orches- tra, which is making its first tour of the south, will be at the Jefferson theatre Thursday night. Frank Mckee is the conductor, and the soloists are: Mabel Beaman Mckee, violin; B. Ealphena Par sons, trombone; Caroline c. Kimberly. flute and piccolo; Adeline N. Meek, cor- net; George A. Taylor, tenor.
The Birmingham age-herald., 1902-12-17
"ReaI Estate"

We have lots of signs for sale cheap at our workshop, Twenty-flfth street and Second avenue. Come and see them. Hermitage, 216 N. Twentieth street.
 12-15-3t
The Birmingham age-herald., 1902-12-17
DRS. DOZIER & CO, PHYSICIANS, SURGEONS AND FIX.
 PERT SPECIALISTS.

Treat successful ly all N you s, Blood, Skin. Rec tai, V e Il e r e a !. Genito- Urinary and Chronic Diseases, Female Complaints and Delicate Dls- orders of Men and Women. Nearly all operations of surgical character done w ITHOGT PAIN to the pa- 4tAk
The Birmingham age-herald., 1902-12-17
Rose coghIan.

Friday matinee and night Rose Cough
 Ian win be at the Jefferson theatre. pre- sentlng for the first time here Pineros great play. "The Second Mrs. Tanque-
The Birmingham age-herald., 1902-12-17

AA%&V]N<~V7*-%$** only was the rule. The company present. ed "A Stranger in a Strange Land" and every one seemed to enjoy It.
 One of the features of this weeks show Is the graceful and excellent toe dancing by Miss Marie Hodgson. Miss Hodgson is both pretty and graceful-a rare com bination anywhere.
 A fashlight photograph was taken of the audience after the performance.
The Birmingham age-herald., 1902-12-17

nAunV Nuts, Raisins, Figs, attEo
 UAVUI Warmers. IJG
The Birmingham age-herald., 1902-12-17
Souvenir performances at Bijou Thursday matinee and Friday night.

BOYCOTT RAISED!
 Cincinnati beers are now "fair." I'M o @ rlein,o the prince of beers, is on sale this week.
The Birmingham age-herald., 1902-12-17
Your Good
 Taste

VIII be more than pleased with the rich lssortment we have to show in Christ mas remembrances. consisting of
 Umbrellas,
 Suspenders,
 MuffIers,
 Gloves, = NecI<wear. Look at our windows or what Is better till, come in and look them all over.
The Birmingham age-herald., 1902-12-17

(coIntInued on Eighth Paae.)
The Birmingham age-herald., 1902-12-17

lieve they are conclusive of the matter
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1902-12-31
blk o, Places adm Baker City. ..
MINING MATTERS.

,,,
Dec 5-wm NJ Friendly. trustee,
70 Logan Gold Mining Co, Carrie
Nation and Cumberland quartz
CLAIM, Co. stock, shares, l2aNs
Dec CIV s Houck and wife TO A
5 Pence. l.aUth int in Maytiower
qtz claim ..... |
Dec 81 = Stonehocker to Cracker
Eagle Gold Mining Go, Boulder ,o,
Dec lS-Allevhany Gold Mining
Co. to W II Gilbert ct al, tr,,s.
tees, Alleghanay's l to & uatz
claims. 10000
Apr 30, SIS J Telford to c r
Simpson, int in San Jose qtz
cla'm ;,,,;.cc....:....::..... a., !
Gold Mining Co, Aurora, Apex
and Apex No . Qtz claims.
Dec lS--E p Mcdaniel ct al to
Golden Star Gold Mining Co.,
Golden star, Golden Star No ?
>,,~,~, ,,,,,,,,,
"'N''" A""EEMEN'S
Nov IN III ThibNlt tn Chua
Parker, ripht TO run ditch over
big Canadian and Bellyille OtZ
claims ...... ..............
Chon;n r;vht =" ~, tail sI,;..
over Little joe oty claim 4,
July 5-Daniel Grant et nj IN
j W Hughes 1T al. on Porcu.
Victor Erac,ion ,,z cls;m, IN
Oct I. l003 llNO
The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1902-12-31

7. Il. Harrison, agent for Giant pow.
der company.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
BAD CONDITION
GERMAN FARM HAND HURT BY
A HORSE.


Gotlieb Godfrey, a German farm
hand, apparently about 46 or 80
years Of age, appeared at the city
hall this morning shortly before noon
with several packages Of quilts. a pair
of shoes and several garments. He
said that be had been kicked yester-
day on the right hand by horse, and
being unable to work was forced to
leave the farm. which was located on
the Cairo road, about mile past Max
on's Mills. He was thinly clad and
nearly frozen when he reached the
hall. He will be taken to the city
hospital until his wound is healed
and be is able to work again. The
wound made by the horses hoof was
not serious, bat the man having to
chop wood in the cold caused IL to
become Initiated, spd he has q bad
hand this morning. He can hardly
speak the English language and could
hardly make himself understood.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
GOT THEM OUT QUICK.

The Illinois Central allows no grass
to grow under its feet. When the
cars became congested in Memphis q
few days sgo,s telegram from Second
Vice President Harahsn worked won
ders. In as hours the road had han
died and sent out $4,000 bales of cot
ton several hundred cars being re-
quired to do it.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
LOCAL. LINES.
Cost you s cents per line.

Bell mas plenty hickory wood at 1890
South THIRD Street. Mail orders.
-Transvsal is coming.
For DR.. Pendley ring 416.
Look out for the Transvaal
Piano boxes two dollars at Bald.
wins.
The rransvaal will be ON sale after
the first of December.
Sheet music and music books 10
give away at Baldwin's, $40 Broad.
way. GAS
The book department at Harbour's
is o thing Of beauty. See ad in this
issue.
The brieklAyers will today serve
lunch to their friends at noon and ?.
m. at their hall on South Third street.
We pay ten dollars for information
that leads 10 sale of q pisEo. Bald.
wins.
We have no old or out-of date
stock. Everything new and up-to-
date. Hsrbour's book department.. 4.
Tho meeting Of members Of the
Gun club last night at Brona ugh's TO
discuss the coming tournament was
called OF. A. only q few got out.
--Edison's latest improved phono-
graphs, prices sio, $50 and $50. All
the latest records for sale by r. ID.
Clements and 90.
The council will not meet until
Monday. the regular time. II was
expected that a called meeting would
be held. rT
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
TELEPHONES REPAIRED.

Most Of the telephones deranged by
the crossing of wires night before last
have been repaired, and the East Ten
nessee system is rapidly recovering
from the damage. Il is possible that
there may be a few phones burned out
that have not yet been reported, how
ever, as frequently no complaint is re-
oeived for two or three days.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
OUR Dish SUPPLY.

Washington, Nov. 27-The annual
report Of the fish commission Just pub
lished gives the number Of fish and
eggs furnished Kentucky for the fiscal
year ending June 80, 1901. They are
as follows: Rainbow trout, adults
and yearlngs, 2,76o; pike, perch, fry
and fingerlings, 1000, 900; black bass,
adults and yearlings, $3.50.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
DINNER TO VISITORS.

Mrs. W. E. MoGary went to Earl
ington this morning to visit.
NH. V. Hardy, the implement man,
is in the city on q regular trip
Mr.. Herman Kstterjohn went to
Dawson on business this morning.
Mr.. r. W. Kstterjohn went to
Louisville this morning on business.
Mrs Clara Burnett and little son
have returned from 4 visit TO Hopkins.
VILE.
Mr.. e. W. whittemore went to
Grand Rivers this morning on bust
ness.
Miss Ernie Griffith OF Benton is
visiting the family Of DIR. b. B.
Griffith.
Misses Nellie and Jessie Psrrett Of
Princeton. Ind, are visiting Mrs. r.
7. Little.
Miss My Blossom Beaumont Of
Msytieid arrived in the city this morn
ing to visit Miss Aline Baker.
Mr.. Sam solomon Of Evansville Is
here to spend Thanksgiving with his
brother, Mr.. Marcus Solomon, the
tailor.
Mr.. Joe Everich has returned from
Louisville, where his wife was called
several days ago by the death Of q
sister.
MIRA O. G. Shepherd and son, &C.
oompanied by her sister, Miss Gather.
inc Lawrence, went to Kuttawa this
morning TO spend Thanksgiving with
the family Of Conductor Dawes.
Mr.. ]. r. Cobourn has returned
from Nashville, but has received no
assurance az yet that the Western
Uuion company, of which he was I'M
til recently mansger here, will pro
vide him with q position.
Mr.. Albert Duperrieu Will leave the
last Of the month for Lewistown,
Montana, where he will locate. He
will engage in the contracting bust
ness, and his many friends will wish
him success in the new field.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
SALESMEN'S TRIALS.
BAD FOOD IS ONE OF THEM.

Road travelling is rather hard on
statesmen. Irregular hours, indiffer.
emit hotels and badly cooked food
play smash with their digestion.
An old Philadelphia traveller tells
how he got the start of his troubles
by using Grape-Nuts. For years
I was troubled with a bad stomach,
which gave me constant headaches
and pains oil through my body,
caused by eating improper food.
spent considerable money on doctors,
who said had indigestion, and after
taking medicine for a year and it do
ing me no good decided to go on q
diet, but the different cereals ate did
not help me. II IL hadn't been for the
advice of friend to try Grape Nuts |
might be ailing yet.
81 commenced to feel better In a
short time after using the food; my
indigestion left me; stomach regained
its tone so that l could eat anything,
and headaches stopped. have gained
in weight, and have better COM
plexion than had for years. At many
hotels the statesmen will have nothing
in the line Of cereals but Grspe.Nuts.
as they consider Il not only delicious,
Dat also bsnea pial ter tbsir health ~
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
WHAT'S YOUR NUMBER

hereby certify that ticket No,
1899, being the first one drawn from
the boz. is entitled to the first prize,
q palm. No. $40, second prize, fern.
No. TAO. third prize, ohryssnthemum
plant.
(signed) JANE RIVERS.
Parties holding the above numbers
please present tickets at our store and
receive prizes. u
O. l.. BRUNsoN AND 90.
423 Broadway,
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
A BIG HIT.

"A Wise Woman" the comedy farce
by Wilfred CLARK, has, according tC
the reviews seen of the production,
scored the most emphatic kind Of =
hit. 1t is serving as a vehicle to dis.
play the talent and ability Of one Of
Americas dsintiest and most fetching
condolences, Marie Lamour, for the
past several season with August;r
Dsly's company, and she is credited
with having scored very strongly in
the production.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
WHOEVER TO WE'D.

Bowling Green, Nov. 27-Mr. Fred
d. Mespen, an aged and wealthy wild
over of this city, and Miss Mary
Thacker, also of Bowling Green, caus-
ed sensation by going to Nashville,
where they intend being married.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
FOR SALE.

All classes property in every part OF
city, Of which a few samples here CIV
en-.
Good three room house on South
Eighth street near Husbands, for only
1915. Excellent as investment for
rent, or home for oolored man n
bargain.
No. 1740 Harrison street-in Foun,
tain Park-uew four room, nice
house, so foot lot at 81, 900, or this
with adjoining vacant so foot lot
$1,000. @ t
Seven room house on North side of
Elizabeth street, third towards river
from Sixth street, rents at sl8
month for $500.
Two houses on one lot at north.
west corner Ninth and Ohio streets,
total rents $50. so per month. Price
s2o50. Easy payments.
No. $40 North Sixth street, rented
by year to prompt paying tenant at
sS6 per month. Price "a, 900.
No. 1896 Monroe street, excellent,
5 room house, 80 foot lot, very de-
sirable home in first class neighbor-
hood. Prioe 1880. --.
No. 1841 South Ninth street, o
rooms, hall, shade and fruit trees
Price 5000
No. Ala South Tenth street, 2 sto-
~, room house, in good repair,
newly papered and painted inside, va
cant lot, which sell with house and lot
or separate. will give bargain in this
property and if desired easy payments.
See me for particulars. -..,.-... ......
Bargain for colored man in home,
at 5000. 800 cash and balance in $40
monthly payments. Situated south
side Jones street between Eleventh and
Twelfth, good 8 room house, on 40 It
lot.
80 lots in Fountain park at prices
from s125 to $1,000, terms $40 cash
and % monthly payments.
No. 911 South Eleventh street. 4
room house, in good condition, one
third cash and balance reasonable pay
ments. Price $1,000
Several corner lots on CLAY street,
with joining inside lots to go with cor
ner ones IL desired.
No. 410 North Fifth street. good 5
room house, lot front 81 #. inches
with plenty grass and shade. Price
s225O.
Cairo pike lots and on cross streets
between Twelfth apa Thirteenth, just
south of the Griffith dairy at Sl25 and
mp.
Six houses for rent, different sizes
and prices, from ~ to $50 per month.
Several houses in worten's Addition
for sale singly for homes or in lump
for investors, to whom low prices be
given, and If wanted easy payments.
No. 907 CLARK street, a. excellent
room house, with sewer uections
and all modern oonvenier :, an ele-
giant home at $1,000.
Lot, northeast corner .lson aud
Seventh, 81 IT, 9 inches # on Sew
enth and back to alley, W 2 excel
lent houses, both sewer COZ cted, and
total rents s45 per month. An excel
lent investment at $500 Of which
$500 cash and balance as lclg time as
wanted.
Large number of Rowlandtown lots
at prices from $50 up and on small
monthly payments.
200 Meohsnicsburg lots at Prices
from $50 up. Examine plats aud get
prices.
No. is2e Monroe street, room
house at $3.50.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
NOTICE.

All persons holding accounts
against the estate of Maggie Koerner,
deceased, will present same properly
proven and certified to me at my office
on or before November rs, 1909
J. s. TRoUTMAN. Adm.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
BOY NOT CAUGHT.

Mr.. George Lehnhsrd. who was
struck in the head by rock throw n
by Harry Stone, negro boy, is better
today. but still confined to his bed.
He is suffering . great DIAL FROM hzzy
!, -. :. 4 and s!ll b pGssie|z e., ! xss'
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27

Prepare for "Dry Sundayw Buy
a foil quart of t0-year-old whisky
for 75e at salesroom 200 Broadway,
of Padueah Distillcries Co., Inc.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27

Wildwood, 7 years old, Bottled IN
bone," 81 per bottle. Padueah Dis
tiIleries Co., Inc. Salesroom zoe
Broadway.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27
JAMES
REAL ESTATE
INSURANCE g
MORTGAGE 06
LOANS 6666610

Have plenty money to loan at per
cent interest on 10 year mortgages,
with privilege of payment at any time
after 80 days notice and at 8 per cent
on year loans. II property and title
is good money can be had at::all times.
Both farm and city loans.
The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-11-27

Mr.. Charles James of Evansville,
always q welcome visitor, is here for
Thanksgiving.