davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04


Inge ct al VS.. board of public works Of
Mobile. Bill by taxpayer to declare null
and void contract by municipal corpo-
ration for paving streets Appeal from
the Chancery court of Mobile.
]. Municipal Corporations; Injunction
at Suit of Taxpayer. of equity at
the suit of taxpayers have authority to
enjoin municipal authorities from issuing
illegal warrants or scrip, or mlsappropri-
ating public funds, or improperly Great
ing debts, or abusing corporate powers.
2 Same; Contracts; Letting Contracts
to Lowest Responsible Bidder.-A provis-
ion in a municipal charter that certain
contracts, therein provided for, shall be
let to the lowest responsible bidder is
mandatory, and a compliance with its
provisions is essential to the validity of
such contracts.
g. Same; Determine ton of Lowest Re-
sponsible Bidder.-The determination of
who is the lowest responsible bidder rests
not in the exercise of an arbitrary. I'M
limited discretion of the officer or board
awarding the contract but upon the ex-
ereise of a bona fide judgment based upon
facts tending reasonably to the support
of such determination.
I. Same; Fraud and Gross Abuse in
Awarding Contracts.-In the absence of
Aiduu VI SIOSS ABUSE the courts Will not
interfere with the exercise of discretion
by administration boards IN their deter
nination of who is the lowest responsible
bidder.
3. Same; Acceptance of Bid as Determi-
I alton That Bid Was Let to Lowest Re-
sponsible bidder.-Where the action of a
municipal board in the letting of a con-
tract is assailed, and it is directly charged
that the letting was not to the lowest re-
sponsible bidder. as required by charter,
IL Will not be presumed from the mere
acceptance of n certain bid by the board
that the board, in the exercise of its ju-
e'cial discretion, after due consideration
of all bids determined such one to be the
lowest responsible bidder.
6. Same Contract Not In Accordance
With Terms Of Bid as Publshed.-An adj
ditional stipulation in a contract awarded
to one who is not the lowest bidder,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04

Half interest 1900 acres, 6
to l4-foot clean coal vein, at
e5 acre. Eborn, the Wood
ward.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04

Duffy 125 CIV. Hieks), to 3 won; Lofter
127 CHelgerson), to 2, second; Danish III
(Pollock), to 1, third. Time: las l-5.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04
s 81 =; (! $685. IS. LOvEMAN ; (: 81; SIS:
JOSEPH O. LOEB.
Remember, We Are Serving Free to Our
Customers j. A. FOlger & Co.'s San
Francisco Golden Gate Coffee.

1t is unsurpassed, and coming from the
islands that raise the finest coffee berry in
the world, it is.materially superior to the trans
planted bean. All the Java Golden Gate
Coffee comes from the Dutch East Indies,
and the Mocha from Arabia
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04

All kinds of cuts. Age-Herald En-
craving Department
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04

Bigelow VS.. Scott, ct al Bill IN equi'y
to cancel mortgage as cloud on u'ie'
Appeal from the City court OIL MUM
gomery, in equity. .,.o,,,o
l. Right of SEGREGATION and Equi.ao''
Assignment; When Does Not EXIST
Where one pays off an existing mortsase
at the request Of the mortgagor, III just
expectation that he would have IKE Sc
curity for his money. he thereby unoer
the doctrine of equitable assignment pe-
comes entitled to subrogation to the heh
of the mortgage so paid off, even though
the mortgage given to him was inopera-
tive as against the owners OF the equity,
because of the tendency Of Dill nieo
by them to enforce their equity ana es-
tablish a trust in the premises; but II
subsequently another person advances
money to the mortgagor for the purpose
of paying off the mortgage given to the
mortgagee who was thus entitled to sub
rogation, the right of subrogation to the
lien of said prior existing mortgage can
not be extended to the last mortgagee;
and the mortgage given to said last mort
gage is not available as against the own
ers of the equity to said premises. Az
f1rmed. Opinion by Mcclellan. C. ].
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04

w. C. Dennis has taken service with
the st. Louis and Southwestern. and will
have headquarters at Atlanta.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04

Stuart VS. Mitchum. Statutory Trial OF
the Right of Property. Appeal from the
Circuit court of Morgan.
J. Secondary Evidence; Sufficient PROOF
of Loss.-Where, in the trial of a claim
suit, n mortgage and bill of sale given
to the claimant are pertinent to the is-
sue being tried, and the claimants at
torney testifies that a few days previous
to the time of the trial he had the pa
pers In his desk and took them out with
view to having them ready for the
trial, and laid them on his desk and that
he had not seen them since, although he
had made search for them, he could not
find them on the desk, and did not know
where they were, the testimony of such
| attorney lays a sufficient predicate for
the introduction of secondary evidence
as to the contents of the lost paper
2 Same.-In such a case II is not COM
petent for a witness who states that he
does not recollect the contents of lost
bill of sale, to give his opinion as to
whether or not the paper referred to was
bill of sale or a mortgage.
3. Statutory Claims suit bill of sale;
not Necessary to be Recorded.-The law
does not require that a bill of sale should
be recorded; and in a statutory claim
suit, where the claimant claims the prop
erty involved In the suit under bill OF
sale, a charge which instructs the jury
that the said bill of sale is void as to the
plaintiff, If 1t was not recorded in the
county where the property was located.
and the plaintiff had no notice of the ex-
istence of the bill of sale, Is erroneous
and properly refused.
a. Statutory Claim Suit; Charge OF
Court as to Foreclosure of Mortgage
In statutory trial of the right of prop
erty, where the claimant claims as pur-
chaser at foreclosure sale of a mortgage
and 1t Is shown that nothing was paid By
the claimant under the pretended fore
closure sale, nor was 1t intended that
anything should be paid, the mere form
of such foreclosure sale of the property
In question. although the mortgagor who
was the defendant in the original suit
consented thereto, did not, as aglnst the
plaintiff, give the claimant as good title
to said property as If the sale had been
valid one, and a charge which instructs
the jury otherwise is erroneous and prop
erly refused. Reversed and remanded
| Opinion by Dowdell, j.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04

Mousseline de Sole, plain or dot
ted, sec.
Dress Linens, In solid coIors, 80
inches wide, 35c.
Woven oxfords, plain white, or
colors, sec.
French Organizes, our own i'm
portatlon, 3ec.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04
Special Selling of Sheets and Pillow Ca

An attractive sale at present is of Sheets and Pill
low Cases. for tho the prices have materially advanced yet
the saving is fIom Is to 81 ID per cent.
Pepperel heets
45c. PeppereI hemme Pillow
Pepperel 11Ac.
peppereI mn
meds Sheets 1870.
45x36 PeppeI hemstiched
Pepperen Covers, 171ac
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-04
Novelties in CoIored Dress Goods.

number of new ones in for the spring season, and
they well worth looking at To the woman who loves
mere beauty, they equally attractive to the woman
who thinks first of cost.
IN navy and
black, 1.5o tamil
Lace tam Grenadne
Unfinished Worsted,
5oInch, ESQ.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

put upon the marker preparation Of
radium, chemically pure or nearly so,
at d cost of 10000 francs $4,000 per
gram, or about S3,43s,O00 per pound
Radium, while 1t has been spoken Of
as a metal, has never been secured In
a metallic form, the usual form being
dis chloride or bromide.
sAll the work done In Germany and
France in the past three years has only
resulted in the securing Of about one
pound of radium, this including all
grades or qualities"
In illustrating the X ray character
Of radlum rays Mr. Hammer produced
photograph illustrating the penera-
ton of the rays through black paper a
single sheet Of which is entirely Inn
pervfous to light. The exposure was
made in twenty-four hours
Another interesting Illustration was
that Of mouse which was radio
graphed In twenty-four hours by lay
ing it directly on a plate, which was,
as in the case Of other experiments.
placed in the bottom Of s trunk, the
trays being replaced and the trunk
wrapped in three thick rugs and kept
IN a dark room for twenty-four hours
Perhaps the most interesting Of all
was the Photograph Of a mouse caught
in trap The metal parts Of the trap
are shown Opaque, whereas the portion
81 the wood nearest to the radium Is
shown absolutely transparent.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

" en-, replied Susie I'm afraid
itIl so wrong, but I hope not"
With quick beating hearts they left
the house and got into the auto. Mr..
Mathews was downtown and did not
usually return TIL 6. This afternoon
he inopporunely came home at 8, just
in time to see the couple starting.
sSusle,' he called. come back! I
didn't give you permission to so out IN
that body crusher"
Here was Bunker's chance for q trl-
umph, and, losing his prudence, be
availed himself Of It. As he moved of
he turned to his enemy and cried:
eta, IA, ar Mathews. When you
see your daughter again she'll be Mrs
Bunker"
You rascal Come backF
The old man made rush for the ma
chine, which with defiant puffs rolled
off briskly. Mr. Mathews followed, u.s.
ing his legs for conveyance The auto
turned up and down streets till It
reached a straight piece Of road Mr.
Mathews, arriving at the beginning Of
this stretch. saw the machine a mile
away, followed by dust, little cloud
Of steam and a smell Of old lamps. He
stood and looked and gave up hope.
But suddenly the auto came to a halt.
Something seemed to be the matter
Possibly he might come up with it be-
fore it could be started He walked
briskly toward it, but in a few mo-
ments It started on. Then It stopped
again. Bunker was wildly pulling at
franks and turning wheels. Presently
he got It started second time; but,
great heavens, It was moving back
ward
Now" exclaimed the old man, 1--WE.
got him, and iii make mince meat Of
him"
Back came the auto, sSaying from
one side Of the road to the other, for it
was a wonder that It could be steered
at all in reverse, tiilrit came near the
pursuing father, when Susie cried out
frantically:
Papa, get out of the way You'll be
killed.
he passing vision OF anger, alarm,
modification, on Bunker's face almost
recompensed Mr.. Mathews for the trou-
bic and irritation he had been put TO-
AS the machine pulled by he shook his
fist at his would be son-in-law and
cried out:
7 told you the things We're no use,
I'll get even with you on FOOT
Finally the amateur chauffeur sue
ceeded la stopping the machine, but the
father was advancing, ana there was
nothing to do but turn ana 70 the other
way Bunker now saw that he had
made d mistake In stopping at all. With
a frantic effort be started the machine,
made a short turn. and the great com
bination Of metal, wood leather, fire
and oil went over in ditch, fortunate
~ landing the clippers in soft mud.
This ended the elopement. The IA
Their was so rejoiced that Susie was not
killed that he forgot to scold her, and
a compromise was effected by which
Bunker gave up his machine and Mr..
Mathews gave up his daughter.
HELEN NJ. WOOD.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02
a VICTOR HUGO MUSEUM.
Quaint Collection OF Souvenirs of
the Great French Novelist.

Quaint Collection OF Souvenirs of
the Great French Novelist.
The Victor Hugo museum, on Place
DIES Vosges, will be opened when Pres
ident Loubet returns from Algeria,
saws the Paris correspondent Of the
New York World. A French clerk who
gets S86 month returning from HUI
COS funeral saw in crockery shop a
cheap plate with Hugo's photograph
printed on II. He bought it, and that
plate was the nucleus Of the Hugo
museum, which contains 800 relics Of
the great writer.
The collection is made UP Of plates,
soap, perfumery, saucers, bottles to,
baceo pouches, chairs, etc, all souve-
Mrs Of Victor Hugo contributed by the
common people showing how wide-
spread is bis fame and the peoples
love for him. LES Miserables," Elk
ir' and the "Maria Delorme" shoe are
of the number
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

Philadelphia. Sept. l. ~ All Of the
striking employees Of the textile mills
operated by John & James Dobson.
with the exception Of 100 settlers and
30 printers in the carpet department
and about 600 hands who have secured
positions elsewhere, have returned to
work. Those who resumed numbered
2,20O. The settlers and printers CON
stitute skilled labor Of the highest
class. As no concessions were made
By the firm these employees declined
to go back, but VIII hold meeting 70
decide whether or not they viii con
tinue the struggle.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02
ANOYEL ELOPFMENl


lOriginall
Old man Mathews was a plain man
with no nonsense about him. He was
an old fashioned man, a man who
hated Innovations He had no objec
ton to his daughters sutton, Bunker
except that Bunker had no occupation
living on an income he had Inherited
just as Bunkers affair with Susie Ma
thews came 20 a head he must 70 and
invest IN an automobile. That settled
It with Papa Mathews, ANY man with
nothing better to do than drive d ma
chine that pulled like baby locomo
tive and smoked like a bicycle lamr
should never marry bis daughter.
why Mr. Mathews said Bunker
one day, just wait till 1 get accustom.
ed to my auto and I'll take you to ride
III wager you'n pronounce it exhila
rating.
THANK you" replied Mr.. Mathews
grimly. Il prefer to walk"
"But walking takes so much time
and I've often heard you speak of the
importance Of economizing time
You don't economic time with a
thing that won't go when you want It
to, breaks down in the wrong place
and like as not turns over on you,
smashing you to a jelly"
That made Bunker mad. He said
nothing, but did a lot Of thinking as to
how he could best ram the old mans
words back into his throat.
Il have IT." he said at last. "Ill take
his daughter into the auto and run
away with her. There's nothing / can
do that would put the old curmudgeon
in such a fume. What fun to wave a
hand with a "Ta, tar at the stern par
ent and sail away. Talk OF stories Of
lovers fleeing on horseback, in chaises.
yachts and that sort O. thing, why, an
auto can go as fast as a railroad train.
And hasn't mine been warranted to
make seventy miles an hour9r
Susie was persuaded. She thought 1t
would be fine to elope as DO other girl
had ever eloped. The affair came off
rather prematurely, for old Mathews,
mistrusting that something was in the
wind, ordered his daughter to make
ready for a trip to Europe the start to-
be made within three days.
The day before the intended depar
ture Bunker called and sent up an in.
vltatlon to Susie to ride in tile new au
tomobile. Susie came down in travel
ing costume, while a suit case and two
satchels We're struggled out to the auto
care you sure, Simeon, that you are
sufficiently familiar with the working
OF the thing?"
Il think so, darling. / took my last
lesson this morning and got on very
well-that is, with an experienced man
sitting beside me"
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

The soeIete centraIe Of France WIN
'oner a Preparation Nearly Chemic-
ally Pare Tor s3,43s,ooo a Pound.
Two Countries In Three Years Fro
duced only one Pound of This New
est salt.
The marvellous possibilities Of that
mysterious and precious mineral radi-
uGl, were recently described at New
York to the members of the American
Institute OF Electrical Engineers and
the American Electrotechnleal society
by William ]. Hammer a scientist and
engineer, says the Philadelphia Press
1t will be some time, however, before
the wonderful properties Of radium
will be Of commercial value, as the
mineral, chemically pure, now costs
$4,000 a gram, or about $3,438,000
pound
at is doubtful" said Mr. Hammer,
whether any substance has been dis
covered in the history of the world Of
such stupendous interest and impor-
lance and possessing such puzzling
characteristics as radium, which, more
over, is at almost complete variance
with well established scientific theories
us to the constitution of matter.
"Witmn the past month great inter
est has been attracted by the state
ment made by Professors Curie and
Laborde that radium maintains it's
own temperature at Is eentigrades
above its surroundings, this being
equivalent to stating that half a pound
ef radium salt would evolve in one
hour sufficient heat to equal that
caused BY the burning Of one-third of d
cubic foot Of hydrogen gas and that
the heat evolved from pare radium
salt Is sufficient to melt more than its
own weight Of ice every hour This
evolution of heat going on constantly
for indefinite periods and leaving the
radium at the end Of months of actiy-
ity as potent as 1t was at the begin.
ming, furnishes the problem to the
world Of how radium can constantly
throw off heat without combustion or
without chemical change
"The laboratory where radium Is pre-
pared is under the control Of Professor
Curie, and up to a recent date all rsldi-
um of higher radio activity than 1000
has been retained for the experiments
Of NJ. and Nine Curie and their assos
ciates, but / received letter recently
from the Societe Centrale IN which
was informed that they win shortly
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

St Paul, Mimi, Sept. /. - To the
strains Of martial music visiting vet
Grams of the Army Of the Philippines
were escorted from incoming trains to
tacir respective hotels and lodging
places. The committee having in
charge the arrangements for the
fourth annual convention Of the Army
of the Philippines estimated that by
evening fully 5000 veterans would be
housed within the city and that the
number would be swelled considerably
BY tomorrow The weather conditions
are all that could be desired.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02
STORIES Of REFUGEES
outrases Upon the HnI9arfans II
8InIk0tfrunxo.

Outraees upon the Bnl@arfans 81
maikotlruovo.
Sofia Bulgaria. Sept + Nine hun
dred refugees from AIalkotirn0Yo and
surrounding villages have arrived al
Urumku, Bulgaria. The refugees say
the Turkish garrison fred upon the
Bulgarian part OF 8falkotifno40. with
the object Of creating an impression
that a revolution was in progress
The project Aug. 81, summoned the
Bulgarian notables Of Aalkotirnovo
and endeavored to force them to sign
a statement that the insurgents were
the aggressors. The notables refused
to do so, and the first man who refused
was hanged the following day.
A dispatch from Belgrade. servla.
says 200 well armed volunteers. in.
Guiding four officers, left here for Mace
donna during the night.
Another dispatch from sofia says.
THE Macedonian leaders here claim
that an aggregate Of 1000 Bulgarians
have crossed the frontier fiji small par
ties and Joined the insurgents during
the past ten days. General Zontcheff
the president Of the Macedonian com
mittee, and Colonel Jankoff, one of the
revolutionary leaders, who are now in
Macedonia, send word that the in
surgent forces total 1900 to $4,000
men. They expect that a general in
surrection VIII be proclaimed this
week"
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02
Dwarf A4aIeas Ms easter FIOwers.

eve have the same flowers this Eas-
ter that we had last" said a leading
florist at the national capital to a
washington Post reporter. with the
exception Of dwarf azaleas, | don't
know of a single flower that has not
been in popular favor for tile last ten
years. Azaleas have been " vogue for
many years, but It was not until last
fall that fioriculturists succeeded In
producing dwarf variety OF the spe-
cies bearing flowers They will be
used very extensively this year for
church decorations and Easter flowers
generally, iHasmuch as q large number
Of dwarf azalea bushes can be placed
within limited space, presenting .
very attractive appearance.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

Washington, Sept, 1.--Acting secre-
tary Darling has received report
from Naval Constructor Caps regard
ing charges Of discrimination against
the veterans Of the civil war at the
New York navy yard The constructor
says that no discrimination against vet
Grams has been in operation and char
acterizes the charges as extraordinary
allegations Mr.. Darling considers
the report as fully disposing Of the
charges.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02
oHI0Aoos LATEST MYSTERY.
Police On the Alert 20 solve Dou-
BILE Murder.

@AANAetN HA A@NN tAAH"tA 10 H0ANH AANA~
BILE Murder.
Chicago, Sept With the Incentive
Of a $1,000 reward and urged on by
Chief Of Police O'Neili. who has taken
personal charge Of the case. every
member Of the police department Is on
the alert to capture three men who
committed double murder in the
barns Of the Chicago City Railway
company and then escaped with ap-
proximately $1,000 in cash.
The police have reason to believe
that the slayers are the, same men
who on the night Of Aug. / shot and
killed b. @ LA Gross while in his sa-
loon at 2l2b1 North avenue. These rob-
bers also shot Adolph johnson, a Gus
toner. in Ia Gross place. and he died
from bis wound next day.
The bullets fired at La Gross and
johnson were OF a peculiar pattern
and are discharged from a partieu-
larry destructive revolver which was
nut on the market recently.
From the walls OF the City Railway
Office a number Of bullets have been
dug. and they are identical with those
fred during the North avenue holdup.
The police have made a score Of ar
rests, but they are not satisfied with
the guilt Of any Of the prisoners.
The men held by the Englewood po-
lice are John Sleuder, George AIcLeroy,
John Blake, Daniel Lynch, James
Doyle, Lawrence Doyle and Tony
searpardino. Three men have been
detained by the Woodlawn police, but
their names are being withheld.
Sleuder, one Of the suspects, is said
to have contradicted himself several
times. He is former employee Of the
City Railway company.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

Honolulu, Sept. 1.-Charles Ali, a
prominent member Of the Bow Wong
society. committed suicide by shooting
himself. He had recently returned
from China. Prosecutions there on ac-
count of his reform record caused him
to come to Honolulu He was expelled
from college In China and was de-
enat.Hanf
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

Boston Sept. There was d general
resumption Of work in the numerous
mills Of the American Wooden company
throughout New England, which have
been shut down from one to two weeks.
Upward of $4,000 hands participated
in the vacation. Cotton mills also in
various sections resumed after periods
of eurtailment or idleness on account
Of the cotton situation.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02

Richmond, Va. Sept Herbert b.
Bates, clerk in the First National
bank, shot and instantly killed Miss
Rena Gentry. He then shot and killed
himself. There We're no witnesses to
the tragedy. IT is supposed that she
had rejected his attentions.
The Barre daily times. (Barre, Vt.) 1897-1959, 1903-09-02
rlnn % study cotton. crown.

The British Cotton Growing assoeia-
ton is sending missions to study the
growth Of c5tton IN different soils, to
secure the best seeds and to distribute
these to colonial natives in Egypt, the
Egyptian Sudan, India, the oceanic IS
lands, Uganda, East Africa and more
particularly In west Africa at Sierra
Leone, Lagos and she lower Niger.