davidaulloa/AmericanStories huggingface dataset:
The Weekly Tallahasseean., 1902-02-14
PROCLAMATION.

Municipal Election As to Borrowing Money
by the city of Tallahassee. State of Flor
ida, for Purchase Of Land for Cemetery
and Improvement Thereof
Whereas. by an ordinance passed by the
City Council Of Tallahassee. Florida, Jan
Uary 18th, a. ID. 1902. and approved by the
Mayor Of the said city on the next day, it is
ordained as follows:
Section l. That IL special election of the
registered voters of the City of Tallahassee
residing in such IIty and owning real es
tate therein, and who shall have paid Their
taxes for the year last due thereon, such
being the qualifications prescribed by Sec
ton seven hundred and eleven GID of the
Revised Statutes Of Florida for voters upon
the question of the borrowing Of money OF
contracting loans by a City, shall be held on
the third Tuesday in February next for the
purpose of authorizing and approving the
borrowing by the City Council Of said City
of Il sum not exceeding Five Thousand Dol
lars for the purpose of purchasing land Il
be used as public cemetery for the buria
of the dead and to improve such cemetery
and to pledge the funds, credit and prop
erty of the City of Tallahassee for the re
demptfOn of such loan; a majority of such
voters actually voting being necessary tC
give such authority and approval. The sun
to be borrowed is to be borrowed for not eX
ceeding five years, and at rate of interest
not to exceed six per cent. per annum, pay,
able annually.
Section 3 That the Mayor is hereby df
rected to give due notice of the special elec
tiOn provided for in Section l of this Ordi
nance by publication in newspaper pub
lished in the City of Tallahassee once each
week for at least two weeks preceding the
time of such election, and also to have post
erS stuck up in at least four conspicuous
places in said city.
Section 3. That the said election shall DC
held in the manner required by law and tho
ordinances Of this City. and the ballots t.
be used shall be as follows:
Purchase and Improvement Of Public
Cemetery YES.
Purchase and Improvement of Public
Cemetery: NO.
Any electOr wishing to vote in favor OF
such loan will make on his ballot with Il, per
and ink or pencil a cross mark (X) between
the word Cemetery" and the word Yes
and any electOr wishing to vote against sucl
| loan will mark on his ballot with Il pen anC
| ink or pencil cross mark (X) between th'
word Cemetery and the word No.
| Now, therefore, l, Robert i. German
Mayor Of the said City, do proclaim and givt
notice that a Special Election will be helC
at the City Hall in said City on Tuesday
| the 18th day of February A. ID. 1902, be
| tween the hours of 9 go o'clock in the morn
| ing and , 100 o'clock N the afternoon TO
| the purpose above stated, at which election
| the qualification of the voters and the bal
EIOts to be used shall be as provided above.
| In testimony whereof, | have hereto sc
my hand and caused the seal of the City t
be hereto affixed this the 31st day of Jan
uary, A. d. 1902
| [SEALl R. 3. GORN1AN, Mayor
Attest: A. H. WILLIAMS,
Clerk of the City Council.
The Weekly Tallahasseean., 1902-02-14

praetiee-Excepting en- masse to sew
eral charges.
l. An allegation in an Indictment for
Forgery to the effect that the defendant:
dld falsely make, forge and counter
Ielt certain false, forged and counter
Ie't writing" &C., should not, on motion
10 quaSh, be construed to mean that the
deIendant falsely made and forged an
already existent document that was it.
self false and forged instrument, but
II Should receive the more liberal con-
struction as meaning that the defend
ant did falsely make and forge the in
Strument as his own original creation,
and that when so made by him it was
IalSe, forged and counterfeit writing.
The form of the allegation quoted is
open to the criticism of being tautalo-
gous, but does not for that reason viii
ate the Indictment.
z. A mere brHtWm fMImen, on it's face
utterly Valueless and of no binding
force or efficacy for any purpose of
harm, liability or injury to any one,
cannot be the subject of forgery. In
order to be the subject of forgery the
instrument forged must be upon it's
face, were it genuine, of some apparent
legal efficacy for injury to another, or
as Mr.. Wharton expresses it: Should
be one which would expose to legal
process"
j. Though the instrument forged pur-
ports upon its face to grant an estate in
land for term OF more than two years,
but is invalid and Intellectual as lease
FOR such term because it is witnessed
by only one witness when the statute
requires two to give it effectiveness as
such, yet if the instrument, were it
genuine, could be specifically enforced
IN equity as a contract for a lease, or if
it was effective as a license to make en-
try upon the land described therein, so
as to shield parties entering under it
from the charge of trespass, it is not
an absolute nullity, but is effective for
injury to another, and is, therefore, the
subject of forgery.
A.. Section 1854 Revised Statutes, au-
thOrizing Circuit Judges to appoint a
prosecuting attorney from among the
members of the bar, whenever the Off
clal State Attorney is absent from any
regular of special term of court, &c,
and requiring such appOintee to be
sworn faithfully to discharge the duties
of State Attorney, does not conflict with
section u of Article of the constitu-
ton of 1885, which requires that the
Legislature shall provide for the cleo
ton by the people or appointment by
the Governor Of all State and county
CONTINUED from Sd page.)
The Weekly Tallahasseean., 1902-02-14
Asthma Cannot be Cured.
Prominent Asthma Cannot Cured Except by COnstu
Treatment

that his Asthma Remedy will effect j
cure inl all stages-a confidence born
of experience, observation and the re
suits of years of demonstration in cases
regradet as incurable, that the Clark
MedicaliCO., of Pittsburg, Pa, who will
forward by mail a complete treatment,
postageipaid, in plain package on re-
ceipt of Zone dollar, agree to refun1 the
amOur+ in every case where the rem
edy {, Is to give the desired relief.
Medical advice, and where necessary. a
special course of treamenU indicated,
furnished any of our read3"s who
will write the Clark Medical Co Pitts
burg, Pa, giving their symptoms and
a short history of the disease. AS this
service is free no one off1icted with
Asthma can afford to ignore such a
generous offer.
The Weekly Tallahasseean., 1902-02-14
Notice To PhySiCia n.

THE UNDERSIGNED BOARD OF MEDIC L
i Examiners in and for the 2d Judicial Dis
trict OF the state of Florida will convene In the
Cit. OF Tallahassee, the Capital OH the third
Tuesday i'll March, 1902, being the 18th
day of said month, Tor the purpose of conducting
examinations and granting certificates to prac-
tice medicine in the State OF Florida. according
to - n act to Regulate the Practice of Medicine
in the State of Fnrida,'' ETC. The meeting will
be held at DIR. George H. Gwynn's Office at 1C
O. clock a. m. Sharn.
All those practicng in the State OF Florida
without license will please take due notice
thereof and govern themselves accordingly.
By order of the President.
GEO. H. GwYNN, NJ. b., President
GEO w. LAMAR, NJ. D.,
j. +. WILLIAMS, NJ. D., Secretary.
January 2;f. 1902-4t
The Weekly Tallahasseean., 1902-02-14
The Oldest and Best.

S. S. S. is a combination of roots
and herbs of great curative powers,
and when taken into the circulation
searches out and removes all manner
Of poisons from the blood, without
the least shock or harm to the system.
On the contrary, the general health
begins to improve from the first dose,
for S. S. S. is not only a blood purifier,
but an excellent tonic, and strength
ems and builds up the constitution
while purging the Elood Of i1npuri-
ties. S. S. S. cures all diseases of a
blood poison origin, Cancer, Scrofu1a,
K h um a I'll sm, Chronic Sores and
Ulcers, Eczema, Psoriasis, Salt
Rheum, Herpes and similar troubles,
and is an infallible cure and the only
antidote for that most horrible disease,
Contagious Blood Poison.
A record of nearly fifty years Of
successful cures is a record to be proud
OF. S. s. S. is more popular today
than ever. It numbers its friends by
the thousands. Our medical CORES
pondence is larger than ever in the
history of the medicine. Many write
to thank us for the great good S. S. S.
has done them, while others are seek
ing advice about their cases. All
letters receive prompt and careful
attention. Our physicians have made
alife-long studyOf Blood and Skin Dis
eases, and better understand such cases
than the ordinary practitioner who
makes a specially of no one disease.
"a @A m> We are doirg great
* K% go good to su IF erin G
~ Va |A humanity through
k8 Aanha our consulting de-
go" $zaS| ~<saS| partment, and invite
you to write us if you have any blood
or skin trouble. We make no charge
whatever for this service.
The SWIFT SPECIFIC CO.. ATLlNTA, GA.
The Weekly Tallahasseean., 1902-02-14
Made Under Section 35, Chapter ais, Laws
of Florida ,QSS3.)

Attest: COUNCIL. A. BRYAN,
Clerk Circuit Court; Leon County, Florida.
The Weekly Tallahasseean., 1902-02-14

This dread disease which has caused
more untold agonies than words can
describe, has at last received its death
blow. Medical Science in recent years
mas found a remedy that successfully
ombats all the aggravated symptoms
Que to this distressing affiictiOn. After
many years of patient study and re-
earch, Dr. A. B. Clark. the well known
Specialist, has discovered a positive
remedy that cures the cough, gives
immediate relief and eradicates every
Vestlge Of the disease. The results OBJ
alnde by the use Of the remedy have
9een SO gratifying to DR.. Clark that he
aaS been induced in the interests Of
Su1erlng humanity to place this won
uerful remedy within the reach of all
dSthmatics. So confident is the doctor
The Weekly Tallahasseean., 1902-02-14
ADMINISTRATORS NOTICE.

All creditors, legatees, distributes, and
all persons having any claim or demand
against the estate of Annie S. Hartt, de-
ceased, late of Leon county, Florida, are
called upon to present them duly authenti
Gated to the undersigned administrator OF
her estate within one year cher estate not
exceeding $4,000 from January 18th, 1902,
the date of the first publication of this no
tice; otherwise this notice will be pleaded
in bar of the same.
WM. D. HARTT, Admr.
Tallahassee, Fla, Jan. II, 1902. ct
The Weekly Tallahasseean., 1902-02-14
NOTICE OF ELECTION.

Notice. is hereby given that an election
will be held at the City Hall in the city OF
on Tuesday, the 18th day OF
February, 1902, for the following city Off
GERS, to serve for one year:
A Mayor.
Clerk and Treasurer.
Tax Collector
Tax Assessor.
Also four Aldermen to serve for two
years.
r. B. GORMAN. Mayor.
Tallahassee, Fla, Jan. 81, 1902.
The Weekly Tallahasseean., 1902-02-14

w. ]. Farrell, plaintiff in error, VS.. An
tonic SOlary, defendant in errOr-Du-
val county.
Taylor, C. j.:
New ttial-When order granting will
be reversed by appellate court under
section 1867 Revised Statutes.
A trial court should not grant a new
trial OnI 1.-THE ground that the verdict is
not SUPPORTED by the evidence where
there isl material conflict in the evil
dence, Unless the weight of the testi-
mOny sd clearly prepOnderates against
the verdict found as to require its an
nulmend in order to meet the demands
of justide. But trial courts, of neces-
sity, ard vested with a discretion in
granting Or Withholding new trials.
And where they grant one on the
ground that the evidence does not sus-
tain th9 verdict in a case in which the
evidence is conflicting upon material
issue, add appellate court, acting under
the stathte (sectiOn 1867, Revised Stat
uteS) authorizing writs of error from
orders granting new trials, will not re-
verse such order unless it is affirmative
ly and clearly made to appear, from a
clear and palpable prepOnderance of
evidence in support of the verdict over
turned, that the trial judge has abused
the discretion with which he is vested
] in such cases, or that some settled prin-
The Weekly Tallahasseean., 1902-02-14

cirle of law has been violated Simply
because an appellate court, from the
showing made in the record before it,
might not have granted the new trial
had it acted in the first instance in
place of the trial judge, or because it
would not under the same circum-
stances have disturbed a ruling deny
ing such new trial, furnishes no reason
of itself to an appellate court for re-
versing an order of trial judge grant
ing a new trial.
Judgment affirmed.
T. NJ. Day, .Jr., for plaintiff in error;
A. w. COckrell & Son, for defendant in
error.
The Weekly Tallahasseean., 1902-02-14
HEADNOTES.
Suprcme Court of Florida, January
Term, A. d. 1901.

Term, A. ID. lJOl.
w. p. Haynes. plaintiff in error, VS..
T. ". Bramlett. defendant in error
PascO county.
Per cuTiam:
Appellate practice-Purgingre OF
improperly exhibited matter.
Matters contained in a transcript of
record that are necessary to be, but
that are n0t, evidenced by bill of eX-
ceptions. and that are not parts of the
record proper, will, on motion, be
stricken from such transcript.
Motion to strike granted.
Thos z. Bugg, for plaintiff in error;
Hugh c. Macfarlane, Thomas NJ. Shack
lefOrd and James F. Glen, for defendant
in error.
(Mr. Justice Mabry, being disquali-
fed. took no part in this deciSion.)
The Merrill-StevgnS Engineering Com
pany. corporation, plaintiff in error,
VS.. The Brevard County State Bank, a
corporation, defendant in error-Du-
val county.
FER cuIld0.
Appellate practice-COnSidera of
case on abstract of record.
Where cause is submitted to the ap-
pellate court upon abstract of the rec
ord as prescribed by the rules of prac-
tice for the government of such court
and no exceptions to such abstracts are
interpOsed, they are thereby admitted
to be true and correct; and under the
rules, the appellate court is required
in such a case, to consider and dispose
of the cause upon such abstracts alone
without reference to the transcript o.
the record; and if no error is made tC
appear by such abstracts the judgment
of the court below will be affirmed.
Judgment affirmed.
Adams L'Engle, for plaintiff in er
rOr; w. H. Baker, for defendant in er
rOr
The Weekly Tallahasseean., 1902-02-14

Edgar H. hing, plaintiff in error, vs..
The State of Florida, defendant in
errOr-GadSden county.
Criminal law Forgery Indictment
Acting State attOrney-Privately re-
tanned prosecutor may act-Capacity
for harm of paper fOrged-Appellate
Omaha daily bee., 1902-10-11
TROUBLE OVER MOVING PERMIT
building Inspector says it was OBJ
tained from Him BY Mis-
representation.

Building Inspector Carter has been for
the last few days involved in an active
controversy with Charles Blixt and j. A.
Lovgren as to their intentions with regard
to a piece Of property at the conner Of
Douglas street and Tw~enty-seventh ave
nue. and II these gentlemen carry their
present threats into execution the matter
will be carried into the courts.
Recently Messrs. Blixt and Dovgren APP
piled to the building inspector for a per-
init to remove a one-story frame building
from 1857 Harvey street to the Douglas
street property in question. This struc-
ture, which was one of the exposition
buildings, was designated in the permit as
q barn and Mr.. Carter says the owners
represented to him that It was to be added
as a kitchen to a handsome frame resi-
dence which was to be put up on the lot
and 1t was with that understanding that
he granted the permit. Since then, how
ever, Mr.. Carter has been informed that
the building which was moved Is to be
left on the Twenty-ssventh avenue front
Of the lot and rented by itself and that
the owners OF the property intended to
erect other frame buildings OF cheap con-
struction. Therefore he has revoked the
removal permit and now finds himself be-
tween two fires. Messrs. Blixt and Low
gren insist upon the right to remove the
building under the permit granted them
and the owners OF other property in the
neighborhood protest against the con-
templsted building operations. On the lot
next to the one owned by Blixt and Low
gren Is a new house which cost $500 and
there are a number Of other fine residences
in that immediate neighborhood.
Omaha daily bee., 1902-10-11
MONEY FOR FLORENCE ROAD
Injunction Tying Up Twenty-Five
Hundred Dollars is Set
Aside.

There has Just become available for the
use of the county commissioners about
$500 which has been tied up by an %injunc-
ton issued by Judge Scott since December
g.. 1897, and which probably now will be
used in matchmaking the Florence road
The Injunction was granted upon the APP
plication Of William Van Dohren, William
Peters, John H. Cryer, John Mcdonnell and
Peter Peterson, and was to prevent the
board from using any OF the money raised
by a $3.50. 900 bond issue for any purpose
other than the paving Of the Center street
road.
The money was to be used in paving that
road, the Dodge street road and the Mill
tary road, but the board sought to use some
Of it on the Florence road, and these Cen
ter street residents seized the opportunity
to enjoin. The Center street road has been
paved for a mile and the petitioners re-
Gently. at the request Of COMMISSIONS o.
from, agreed to have the injunction set
aside, which was done yesterday by the
court.
Omaha daily bee., 1902-10-11
APPLIES TO COUNTY FOR HELP
woman ASKS BeIiet Tor herself and
Children, Charging
with Dissipation,

Mrs. Durnell. with three children, the
eldest of whom is 6 years old. applied to the
Board Of County Commissioner yester-
day for transportation to her relatives in
Des Moines. She said she had been here
two months, but that the only home pro-
vided by her husband during that time
was a tent at Thirty-third and Pacific
streets, and that she and the children kave
lacked warmth. clothes and even provisions
at times. Her husband, she states, is a
laborer and has had considerable employ
ment, but spends most Of his money at
saloons.
The commissioner are arranging TO pro-
vide her with the necessary transportation
Omaha daily bee., 1902-10-11
GOrham silver. EdhOlm. jewelsr.
Low RATES TO ST. LOUIS.

Via the Missouri Pacific Railway. Ac-
count Fall Festivities,
Which include the Great st. Louis Fair,
which gives $4,000 in premiums: the gor-
geous Yelled Prophet Pageant; street fair
and carnival; horse show in the coliseum;
running horse races daily by the best thor
oughbreds in the country. and base bal
games between the teams OF the American
and National leagues.
All events during October and the first
week in November.
Ask you local agent for detailed informa'
ton and visit the Worlds Fair City.
II. @. TOWNSEND,
General Passenger and Ticket Agent.
st. Louis, Mo.
Omaha daily bee., 1902-10-11

Exceptionally Low Rates for october
Every day during the month of october.
1909. the Union Pacific will sell one-way
settlers tickets at the following rates:
From Missouri River
$1,000. Ogden and Salt Lake.
$1,000, Butte and Helena.
$3.50. Spokane.
$500. Portland and Ashland. San Fran
cisco. Los Angeles and San Diego.
Correspondingly low rates from interme-
date points. City Ticket once. 1924 Far
nam street. Phone 3l6.
Omaha daily bee., 1902-10-11
Good Position open.

Good opening for q newspaper or magazine
solicitor. Permanent position for a COM
petent man. Address. Twentieth Century
Farmer. Bee Building, Omaha.
Omaha daily bee., 1902-10-11

The key to health is in the kidneys and
liver. Keep these organs active and you
have health, strength and cheerful spirits.
Prickly Ash Bitters is a stimulant for the
kidneys, regulates the liver, stomach and
bowels. A golden household remedy
Omaha daily bee., 1902-10-11
Cheoks Cashed.

J. l. Brandeis a Sons. bankers, cash
checks on all other banks. Open until 0
O'Clock Saturday evenings. 4 per cent in
terest paid on deposits.
J. L. BRANDEIs q SONS, Bankers.
Omaha daily bee., 1902-10-11
Herina M Bod ROOD.

Health. strength and vigor depend on
digestion. DR.. Kings New Life Pills makes
It perfect or no pay. Only 25c. For sale
by Kuhn & Co.
Omaha daily bee., 1902-10-11

A half page Of newsy store news is what
you'll hnd on page Hayden Bros.
Omaha daily bee., 1902-10-11
Dance Tonight.

Jolly Eight clubs lively ball this evening.
Washington hall, 18th and Harvey streets,
hne orchestra. a grand good time for you.
Gents, 25c. Welcome.
Omaha daily bee., 1902-10-11

The bargains we offer for Saturday will
interest you. Read about them on page J.
Hayden Bros.
Omaha daily bee., 1902-10-11

On page 7 youn find an ad. full Of in
terest. Read every word OF it-Hayder
Bros.
Omaha daily bee., 1902-10-11

Diamonds. diamonds. diamonds. Edholm
3eweIer.
Omaha daily bee., 1902-10-11
CaCk1ey Bros,

Finest Imported and American Wines and
Liquors.
Agents for Hunters Rye and Wilson Rye.
Don't forget our own special brand.
JAckdaw.
Omaha daily bee., 1902-10-11
AnPouncements of the Theaters.

The regular Saturday matinee will be
given at the orpheum this afternoon and
with such a pleasing and varied assortment
Of entertainment as the talented artists
embraced on the roster present, those who
attend will find equal II not superior to any
seen at this coy playhouse this season.
Carroll Johnson, a favorite with the women
throughout his steller career in minstrelsy.
never was more magnetic. He delights with
pretty songs, among them that late success
9TH Rose Of Killarney" dances gracefully,
creates laughter with funny stories and
winds VI with a recitation Of a boxing match
with enough pathos to draw a few tears.
Rapoli, the juggler, is a sensational hit
and in fact nearly everything on the bill
could be melted out a little laudation. Com
mencing matinee tomorrow and for the
ensuing week an entirely new bill, embrac-
ing eight varied acts will hold the boards.
Tomorrow afternoon, night and Monday
Hal Reid's great pastoral play THE Night
Before Christmas" will be given at the
Boyd. II is a simple play OF simple people
Its scenes are laid in an interior town in
Ohio. 1t is a new departure from the con-
ventional rut OF pastoral plays. Following
II the Boyd will present the greet musical
comedy The storks," which ran for five
consecutive months In Chicago. The com.
pany numbers seventy people and is onC
Of the musical hits OF the current season.
Omaha daily bee., 1902-10-11

Good quick breakfast King Cole PAN
cakes.
Omaha daily bee., 1902-10-11

A good delivery horse. 1918 FarnAm.
Omaha daily bee., 1902-10-11

Plain gold wedding rings. EdhOlm. iswTr.
Omaha daily bee., 1902-10-11
Goo u, M,
ELECTRIC LIGHTED,
STEAM HEATED,

SOLID VESTIBULED
Limited train via MILWAUKEE, Railway.
Leaves Omaha Union depot daily. Magnih-
cent equipment, latest palace sleepers.
library-buffet car. dining car. new coaches.
City once, 1904 Farnam street.
f.. A. NASH,
General Western Agent.
Omaha daily bee., 1902-10-11

Finest cut glass. EdhOlm. jeweler.
Omaha daily bee., 1902-10-11
a NEW LIST


SOC Reslnol SOC
soc Antiphlogistino 39c
No. l P. DIS Antidyphtheric Serum Xxx. 81. Is
No. l p. DIS. A"ntidiphtheritic Serum
Xxx 81. Is
No. 2 p. DIS Antidiphtheritic Serum. 90. 81 so
No. 5 p. DIS. Antidlphtheritic Serum -. "a
L. DIS. Vaccine Points, each ............ 10c
soc Pozzoni Face Powder ................ 24c
$3.50 Marvel Whirhng Spray Syringe. SO. so
S1.00 Peruna SIC
25c Laxative Bromo Quinine ........... 12c
25c Quinacetol, best for colds. ........... zoe
soc "CATARRH REM" for catarrh.. -. 3Oc
$100 GERMAN KIMMELL BITTERS
(guaranteed) 75c
The oasis., 1902-03-15

Stickel was sent up on the wind- mill tower to get monkey wrench
 which hda been left up there. The other men, busy about other tasks, did not see what happened, but in few minutes Stickel was
 noticed lying on the ground, near the mill, unconscious. It is sup posed that while on top of the tower the mill had veered from change of wind and, in turning, had showed him off the small platform. He was badly hurt on the head, evid- ently having landed on his head. He was put into wagon and sent to Lordsburg, and put under Dr: Croker's care. Dr. Croker found the skull fractured and pressing on the brain. He took a button of bone, lifted the depressed skull and drained the serum which had ac- cumulated. Stickel remained un- conscious. Yesterday was the day for inflammation to set in if it was going to, but none appeared; and, although he did not regain con sciousness, he gave evidence of inn provement, his pulse, respiration and temperature. being normal.