davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-01-08
Opinion by Dowdell. J.
ALABAMA STATE FAIR AND AGRI
 CULTURAL ASSOCIATION V. ALA. BAMA GAS FIXTURE AND PLUME.

l ALABAMA STATE FAIR AND AGRI- CULTURAL ASSOCIATION V. ALA
 RAMA GAS FIXTURE AND PLUME Appeal from the City Court of Bir- mnGham
 l. Mechanics lien: leasehold estate; laws prohibiting removal of improve ments does net prevent esta blishment of lien-lt is no objection to the establish ment and enforcement of a mechanics s lien upon building and Improvements or leased premises under a contract with the lessee, and upon the unexpired term Of the lease, that there was a provision Tn the lease which prohibited the re- moval of improvements from the prem ises unless the rent be paid @ Same. same--In an action to enforce mechanics lien upon property. a plea which simply ayers that "plalntiff has no lien upon the property described in the complaint" is subject 10 demurrer for ita uncertainty and as being purely the statement of a legal conclusion. 3 Same; Same--ln an action to enforce a mechanics lien: a plea is insufficient and subject to demurrer which ayers simply that the account filed to enforce by plaintiff mechanics Hen does not purport to be a just and true account of have been gtven;" since such plea should have set out the account referred to therein.
 4. Same; same-In such an action. q PtNh 1Ntlb NHdt lnS dCTS Ol tdHu on which tho plaintiff claims his Hen. Is not described fin the complaint and in the account fled is insufficient and subject to demurrer in that it tenders an issue as to what the complaint contains rather than being an answer thereto.
 5. Mechanics lien: sufficiency of state ment filed in probate otfice-A statement filed by a mechanic In the office of the Judge of Probate. for the purpose of establishing a lien for work done and materials furnished, shows the unpaid balance due the plaintiff from the de- fendant, for certain work done and ma terials used in erecting Improvements on lands which are described as being q certain park in or near the western limits of the city of Birmingham, Jeffer- son County. Alabama" and which is verified by the affidavit of a person de- scribinG himself being a member of tho plaintiff corporation, conforlns sub Istantially to .he requirements of the statute and is admissible in evidence. \ statement of the unpaid balance due the plaintiff Is sufficient without declaring in terms that all just credits have been given.
 5. Sar1e; immaterial that work was done under two contracts-Where work Is performed and material furnished in the erection of certain buildings on the same prt mise5 under two separate con tracts. and the rights growing out of said contracts are identical in character and as to parties lien for the amount due under said contracts may be en- forced in one action.
 Affirmed.
 opinion by Sharpe. J.
The Montgomery advertiser., 1902-01-08
AN ARCHITECTS IDEA.
Apartments for People
 of Limited Means.

New York Sun
 'I have an architect friend" said the man who knows good many people, who has a design for apartment house that will work a revolution in accommodations for those per sons who carnot afford to have more than one room, He has fitted up apartment in his own house as a sample and If really prom ihcs amasinG results. | was talking to him the other evening the pro bem of city liv
 ing for people of small means. bachelors and bachelor maids, and that kind principally. when he asked me tO come with him and see what he had evolved on that line. We went up Co his third ioor-he is able to own house of his own--and he ushered ne into apart ment which was not twenty feet long and
The Montgomery advertiser., 1902-01-08
nroportionaIly.

pF0port1Oudily. A.
 Four years ago what meaning had the word reciprocity in American earsy How the marvel grows thea, when we find President Mckinley, the arch-cham-, pion of protection and the home market. uttering almost with his dying lips, prayer for a commerce based on the ideal of the universal brotherhood or man!
 The most remarkable fact in the ex- tension of the American outlook is that tt is so we'll balanced. It stretches east ward through the new relations formed between the United States and the lead ing powers of Europe. It stretches west ward through the new grasp our natlou has taken upon Asia. It stretches north ward through the revival of that fra ternal feeling which always underiies a common language and a common law. IG stretches southward through the re hinder most forcibly ,conveyed in the treaty of Paris. that the Monroe doctrtne is still a living principle In American diplomacy.
The Montgomery advertiser., 1902-01-08

I patiently stood in the telephone booth, kud shouted again and again: But although I politely appealed for a switch, politely appealed all in vain. At last strange murmur came over the
 phone.
 sort of guttcral. which Convinced me I might as well give up the
 quest,
 For the girl asleep at the switch.
 Portland Oregonian,
The Montgomery advertiser., 1902-01-08

l.. GRUNEWALD co. V. COPELAND. Statutory Trial of the Right to Property
 Appeal from the Circuit Court of
 Jefferson.
 sale; statute of limitations.-Whiie to suit of detinue by the>yendor in a condi- tional sale, or his assignee. against the vendee or one holding under him, the defendant can not, under the statute Code, Sec. 147S), plead the statute of limitations, still the defendant in such an action. or the claimant in the trial or the right of property arising out of such suit, may establish his rights of possession or ownership obtained by vir- tue of the statute of limitations, under the plea of the general issue. or any is- sue which comprehends the fact of own ership.
 ?. Same; same: claim suits; ruling up- on pleadings-In g claim suit growing out of an action of detinue brought by the vendor in a conditional sale against one claiming under his vendee, a special issue setting up the statute of limita- tions IS inappropriate and can not be i'm terposed: but the overrulng of a demur- Ter to such special issue is error with out injury when under the issue made on claimants assertion of ownership the claimant can establish the fact of own ership as established by the statute of limitations.
 3. Same; claim suit; when title vested by adverse possession.-In a claim suit growing out Of an action of detinue brought by the assignee of a. vendor in a conditional sale. against one claiming under his vendee, 10 recover the posses sion Of a piano. testimony showing that after default in the payment of one of the installments of the price of the piano, which gave the vendor the right to re- take the property, the vendee mortgaged the property to third person, who there after foreclosed said mortgage and be- came the purchaser of said property, and that the claimant derived title from such purchaser under the mortgage, and more than six years had elapsed since the foreclosure sale before the institution of the action of detinue, and the purchaser and those claiming under him had claim ed to own the property, is admissible in evidence. since under such facts the ownership of the property sued for be- came divested out of the original vend pr in the conditional sale and became vest ed in the claimant
 Affirmed.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1902-01-08
Well Mated.

Boston Transcript.
 Garlick-"Pm afraid my shabby coat won't look well alongside your new cloak and bonnet"
 Mrs ,G.-"Don't you see, dear it will make a delightful contrast so that no ore can fail to notice my new things? Wonder that fact never presented itself to you.
The Montgomery advertiser., 1902-01-08
Agentsonly for the Duke.

The Duke of Argyll has placed with q New York real estate firm the sole agency on thts side Of theocean for the leasing of his cattte at Inverary in Argyllshire. Scotland an1 for the sale of Tiree leland, of the eoaat Of SeaaR Iand, pear the Isles of Null and Iona
The Montgomery advertiser., 1902-01-08

You know that any one wishing to buy a drink could get in the back door at No. = Superior Street last Sunday by knocking in a certain way?''
The Montgomery advertiser., 1902-01-08

DOYLE V. FIRST NATIONAL BANK. Action upon a promissory note-7Appeai
 from the City Court of Birmingham |. Promissrry note; date of maturi:y- Il, 1S99" and Is made payable six months fixed after date" natures on the 11th d;.y of May following; and such note is subject to rrott st for non-pay- ment on that date.
 Affirmed
 Opinion by Dowdell. J.
The Montgomery advertiser., 1902-01-08

SUPREME LODGE KNIGHTS AND LA
 DIES OF HONOR V. WING. Bill in Equity to Establish the Benefi-
 ciary under Relief Fund Certificate
 Appeal from the Chancery Court of
 Mobile.
 l. Equity pleading; sufficiency of plea. Where bill is framed upon two theo- ries, & plea which, although filed to the bill as a whole. sets up facts in bar$of recovery by the plaintiff upon only one of the theories of the biii, but does not extend to or cover the whole bill. is bad and insufficient as an answer to such bill. Affirmed
 Opinion by Tyson, J.
The Montgomery advertiser., 1902-01-08
= sss~~ ; J
 HEAD NOTES OF THE DECISIONS G : '~ OF THE ALABAMA SUPREME COURT

WARNER-S SMILEY co. Y. COOPER. Action of Assumpsit.-Appeal from the
 Ci,y Court of birmingham.
 l. Pleading and practice; effect of joining issue on immatertal pieas.~-M here the suficiency of several pleas interposed are not tested by demurrers. but issue Is taken upon them, the defendant is enti- tied to recover upon said pleas If he proves the facts averred. although such pleas we're insufficient or presented an immaterial issue; and evidence tending to prove the facts set up in such pleas are admissible, although upon proper issue in the case they would be irrelevant and immateriaL
 2 Trial and It's incidents; effect of failure to answer Questfons.-lf iF the examination of a witness tht court err roneously allows a question to be asked. such ruling Is error without injury, when 1t appears that the question was not an- swered.
 evidence without prejudice.-The intro- duction in evidence of illegal and irrele- want evidence Is without prejudice to the person obtecting to the introduction of such evidence, if the fact sought to be established thereby had been previously proved and admitted in the cass.
 4. Action; fatal variance between com- plaint and proof.-Where an action of as- slmpsit is prosecuted by .Warner-Smi- icy Co, partnership composed of W. M. Newton and c. D. Smiley" and there Is no evidence that the defendant owed Newton and Smiley, of the firm com posed Of these persons, but the testimony shows that the firm of Warner and smiley were composed of said Newton and Smiley and one Shaw. there is a variance which is fatal to the recovery by the plaintiffs, and the defendant $ entitled to the general affir native charge against the plaintiffs' claim.
 Affirmed.
 Opiniop h., noCIol,u ~
The Montgomery advertiser., 1902-01-08

behalf of a school, for the purpdse of resembling contract Of sale ardSpur- ehese of musical irstruments. upon the ground that the price paid by th6&H0ard of Control of said school for such ir- str uments was grossly in excess Of their real value, and that the person eelltng member of the Board of Control. acting in fiduciary relation and was guilty of breach of trust. The material ayer- ments of the bill were denied in the answer. The evidence wholly failed to show any fraud, concealment or mlsrep- resentstions made by the seller of the instruments, but on the contrary showed the utmost good faith and fair dealing. There was conflict in the evidence as to whether the price paid by the board for the instruments was in excess Q. their real value. The evidence showed that if there was an offer to rescind,. 1t was after the continued use of the fn- struments which had been greatly abused and deteriorated in value, making 1t im- RSss0s That ss pah, pthe the ct tst the ses the instruments was a member Of the Board of Control, did not prohibit him from making the sale or the board rom and that under the facts shown by the evidence the complainant was not en- titled to the relief prayed.
 Opinion by Dowdell. J.
 CENTRAL OF GEORGIA RAILWAY
 co. V. DUMAS
 Action against Rsilrosd an.e C"mpany yrnm fSs fSs
 City Court of Montgomery.
 l. Negligent killing of stock;e duty of engineer-It is the duty of an engineer, while operating an engine upon rail- road track, to keep such constant look out for instructions. including live stock on or in proximity to the track, as IS consistent with his ether duties and if he negiigently. fails to observe this duty, the railroad company Is FesponSi- ble in damages for injuries resulting from such failure.
 ! Samei charge in reference thereto In an action against a railroad company for the alleged negligent killing Of stock, where the evidence for the plaintiff tends to show that the stock at the time 1t was struck by the defendants train was on , tended. to show that upon the approach of the train the mule, though not on the track was eating grass from between the to the defendant which ignore the con sideration of the general duty of the en- gineer to use due care for preventive effort when stock is seen in dangerous proximity to the track.
 Affirmed.
 Opinion by Sharpe. J.
 DIsTnIcT GRAND Is!.s d4nssg L2pGE NO. es, :, IN-
 BIRTH V. MARK ct al.
 Bill in equity to reform and foreclose
 mortgage-Appeal from the Chancery
 I. BiIl to reform and foreclose mort gage; not multifarious-where the ,ulti- mate and prime object of a bill is the foreclosure of a mortgage, the fact that the bill seeks the additional relief of the correction of the description of the land conveyed by the mortgage. so as to conform to the intention of the parties, does not render such bill muitifarious. Reversed and remanded. OpiDiOn hV Tyson. l.
The Montgomery advertiser., 1902-01-08

THE STATE OF ALABAMA. for use,
 etc. V. FIELDS. Bill in equity to rescihd a contract--Ap- peal from the City Court of Birming- nam
 l. Fill for resciSs.on of c,ntract sut- liciency of eNidence-A Dill was iled ia
The Montgomery advertiser., 1902-01-08

The tramp never looks for a job. yet he often steps into another mans shoes.
The Montgomery advertiser., 1902-01-08

Total. e.. .. ..,...$ .oio, ,28l.7S S50. 166. 59
 Assessed for taxes on real estate over $S0O in value: White. 95,662 persons col ored S.tH
 It is worthy Of consideration that these school systems were established hy white legislators. eight-tenths of whom were Confederate soldiers or their descend ants. They have been administered and continued, and are now supported by white people under circumstances or con- ditons of party antagonlsm which have soreIy tried patience and patriotism. Nothing in tho history of modern civil llzatiou slrpasses .nis sublime self-de- ni9l
The Montgomery advertiser., 1902-01-08
White Mans Need and Duty

The treatment of any phase of the negro problem, as 1t exists at the South, viii be very partial and incomplete if it be considered simply as q local question. IT is national to an extreme degree. Nor csn it he limited to one race. Great as is the need fer the proper education of ths negro. there is perhaps greater
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-23
CHINESE EXCLUSION BILL
AN AGREEMENT PRACTICALLY
REACHED BY THE CONFEREEs.
senate Bill tn BE Changed and Sub
stituted for the House Measure
Limit of Act Not Yet Decided.

WASHINGTON, April 22.-The conferees
on the Chinese exclusion bill have practi-
caIly reached an agreement. The main
features of the Senate bill have been adopt
cd but there are some alterations. The
agreement reached is upon all but one fea-
:ure of the measure. Under the agreement
the Senate substitute becomes the exclusion
measure, but the House cOnferees have Sc
cured concession specifically re-enacting
Sections to IL of the exclusion act of Sept.
Is. 1855 The point still open is as to ex-
tending the exclusion indefinitely after May
next. The House bill extends To prohibit
ton indefinitely, but the Senate limits ii un-
til a new treaty is made. The House con-
ferees are insisting on taking out the refer
ence to a new treaty. that there will be
no limit OF time TO exclusion.
Following Is the specific provisions re-en-
acting sections of the act of 1SSs. which was
inserted at the instance of the House mem
bers:
"AII laws now in force prohibiting and
regulating the coming of Chinese persons
and persons of Chinese descent into the
United States. and the residence of such
persons therein. including Sections 5. 6. Z. s.
.. 10. II. - and IA of the act entitled An
act 10 prohibit the coming OF Chinese la
bOrers To the United States approved Sept.
H. ISIS, shall be and the same are hereby
re-enacted. extended and continued"
Under the agreement reached by the con-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-23
DISASTER In GUATEMALA
PROBABLY FIVE HUNDRED PERSONS
KILLED AND MANY INJURED.
Whole Republic shaken by Earth
quakes-QuexaItenan Partly Oh
Iiterated-Other Towns Damaged.

NEW YORK April 22-Late dispatches
from Guatemala are to the effect that the
whole Republic was shaken by earthquakes
from half-past clock on Friday night up
to O'Clock Sunday night, with only short
intervals between the shocks. says a Pan
anna dispatch to the Herald The dis
patches of Saturday concerning the disas-
ter In Quezaltenango are confirmed. IL is
estimated that 500 persons were killed and
millions of dollars worth of property were
destroyed there. Fires which followed the
earlier shocks added TO the loss and many
heart-rending stories of suffering are re-
ceived. The whole country is panic
stricken.
The towns of Patzum and Mazatenango.
the latter in the great coffee district, were
destroyed. The visitation was spectacular
in character. The first shocks were accom-
panied by terrific thunderstorms. The light
ming was followed by deluge of rain.
GUATEMALA CITY. April 22-The de-
tails received here of the result OF the
earthquake shocks, which were general
throughout Guatemala Friday, Saturday
and Sunday, show that Solola. Nahuala,
Amatitlan, Santa Lucia and San Juan were
badly damaged and that QueZaltenango
was partly obliterated. Fire added to the
horrors at the last-named place. Two hun
and many people were injured. At the
capital three churches were slightly dam
aged. The government is relieving the suf-
fererS.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-23

BERLIN, April 22.-The German steam
ship companies have not been bought out
right by the Morgan interests; they con-
cluded close business confederacy with
the British and American lines, their own
ership is not merged, their independence is
safeguarded, subject only to certain COM
prehensive and advantageous contracts. AL
though not a word to indicate that Ameri-
can interests will directly control the Ger
man lines has been heard from the man
agements of the companies, the opinion is
almost universal among exporters, bank
ers and politicians that the German COM
panies have put themselves into a position
subordinate to foreign influence.
Mr.. Morgan is pictured as a great and
sinister mind, disposing of the surplus
riches of continent and using them to
dominate industry, not only in the United
States, but in Great Britain and in Ger
many. The German steamship companies
according to this view, while supposing
themselves equals i'm partnership with MIR
Morgan, have IN reality entered upon an
arrangement which enriches their respec-
tive shareholders, but which every year
will bring the companies under greater
subsection to New York control.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-23
AT MARION AND CONVERSE.
Four Fires Cnuse Losses Aggregating
Several Thousands Of Dollars.

Special to the Indianapolis Journal
MARION. Ind. April 22.-Accompanying
the windstorm that has been blowing over
Marion all day were three fires i'm this city
and one at Converse, west Of here At Con-
verse the buildings at the old fair grounds
and the home of Quill Dangerfield were de-
stroyed just before noon. the loss being
$1,000 or more. Twenty-Five stalls and the
whole west fence were burned.
In this city the first fire was the Marion
Planning Mill Company's plant The dam
age from this was not great. The fire
caught from spark from Panhandle en-
CINE.
The second fire was at a resort in South
Marion. For the past two weeks the house
has been Guaranteed because an inmate
had smallpox. She had recovered and
County Health Officer Powell was fumigat-
ing the house. One of the vessels contain
ing burning sulphur overturned and set fire
TO the house. gaining much Roadway before
1t was discovered. The loss was total and
Will reach 5000. All the clothes jevelrv
and other effects of the inmates were
burned. together with 500 In cash belonging
to the owner.
The third fire. which occurred shortly
after the second. a valuable barn on
the North Side, which was destroyed
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-23

Special to the Indianapolis Journal.
COLUMBUS, Ind, April 22-Since about
noon on Monday a forest fire of more than
ordinary proportions for this part of the
country has been raging in this county
along the Brown county line. The burned
district, which is in the neighborhood of
South Bethany and about twelve miles
southwest of this city, comprises, at last
report, over five hundred acres of timber
land. AS the country in that part Of the
county is sparsey settled no damage has
resulted to residence property, although
fencing has suffered greatly. The fire up
to this time has been restricted to the lands
of j. b. Cook, OF this city. Elisha Davis
and T. b. Moore by the combined efforts
of fifty to seventy-five men, who fought
the devastating element all of last night.
The residence of Peter Stidham was in the
path of the fire, but was saved. A high
wind has prevailed for the past forty-eight
hours.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-23
MORGAN'S new COMPANY
STEAMSHIP LINE TRUST TO HAVE
A CAPITAL OF $4,000, 900.
Charter to he Taken Out in This
COuntry-WOrking Arrangement
with German Lines.

NEW YORK, April 22.-The Transatlantic
Steamship Company formed by j. p. Nor
gan will have a capital of S170, 0O0. 900, of
which 100000 will be in per cent. cumu-
lative preferred stock, s6OOOo,OOO common
stock and s5OjOO0.OO0 AZ per cent. debentures
The underwriting syndicate has subscribed
$4,000 1900, 40 per cent, of which was placed
abroad and the remainder here. AS yet the
company has barely gone beyond the or
ganization stage. The corporate title is still
undetermined
As announced last week, the combination
will have an American charter, but those
in authority decline to make known the
State in which the company will be in
corporated. 1t is stated that a working
arrangement has been made with the
German lines, North German Lloyd and
Hamburg American, as a result of which
the relations between the new combina-
ton and the German companies promise to
be altogether harmonious.
Clement A: Griscom. president OF the In
ternational Navigation Company, was again
in conference with Mr.. Morgans party to-
day. He had nothing to say for publica-
ton other than that the preliminary de-
tails of the combination were being per-
fected with little delay
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-23
MOrgan's Rapid Transit Scheme.

LONDON, April 22.-Clinton z. Dawkins,
of J. p. Morgan & Co, testified to-day be-
fore the House of Lords committee which
is investigating the whole question of the
underground transit of London Mr.. Daw-
kins referred to the worldwide character of
the financial transactions Of the Morgans,
who would guarantee to find the capital for
the entire forthcoming new underground
system. There no doubt. continued
Mr.. Dawkins, that the necessary money
could be found in England, but If money
was cheaper in America then il would be
raised there. Arrangements had been
made to supply the rolling stock without
having recourse to America. Mr.. Dawkins
alluding to the tendency of the population
90 move away from the congested district
to the outer fringe of London, said he
thought this ought TO be encouraged on the
ground of public health. and pointed out
that the only way to relieve the central
congestion was to offer rapid transit facili-
ties.