davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-08-07
HeAd-Notes Qf he Decisions
 Of Alabama Supreme Court.

mer suit and which do not negative that there was finding in favor of the plain tin in the present suit on said plea of re- coupment. to the extent of allowing in extinguishment of the claim of the con- tractors in that suit, the whole of the damages now claimed against the surety In a bond. are defective and subject to demurrer.
 6. Pleading and practice: sufiaciencx of demurrer-Where two replications are filed to a plea and a demurrer is inter posed Ito the replication" to said plea, without specifying the particular repli-, cations to which 1t Is respectively di- rected, such demurrer is ineffective to raise or sufficiency of either of said re- plications.
 2. Action upon a bond to secure per- formance of building contract; damages recoverable-In an action against sure ty upon bond to secure the faithful performance of a contract for the erec- ton of a house, where it is claimed, among other damages, that the contrac- tor failed to complete the building with in the time specified. and the evidence shows that before the expiration of the term of the contract, the plaintiff declar- ed the contract forfeited and prevented the contractors from it's further perform ance. if 1t is found that the plaintiff is entitled to recover such damages claim ed. said damages should be estimated ac- cording to the loss actually sustained by reason of the delay in building by the fault of the contractor and not accord ing to the stipulations of the contract on that subject. the plaintiff not being en- titled to maintain that the contract, after he declared it forfeited, continued so as to bind the contractors for further per- formance.
 g. Bond for performance of building contract; when immediately means req sonable time; question for jury-Where, in bond given to secure the faithful performance of contract for the build ing of a house. 1t is provided that the surety on Said bond shall be notified in writing of any act on the part of the contractors who were parties in said bond, by which the surety Is responsible. Immediately after the occurrence of such act shall have come to the knowledge" of the owner or his duly authorized rep resentative. the word Immediately means within a reasonable time. and the question of what is reasonable time is for the determination of the jury in view of the attendant circumstances in the par ticular case.
 Reversed and remanded.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1903-08-07
CENTRAL OF GEORGIA RAILWAY
 co. V. PARTRIDGE.

 Action Against Railroad Company to
 Recover Damages for Personal Inju-
 ries.-Appeal from the City Court of
 Birmingham.
 l. Action against railroad company; when question of wantonness or willfui- ness one to be submitted to jury.-In an action against a railroad company. where the plaintiff counts upon the wantonness or willfulness on the part of the defend- ants servants on employees inhicting the injury complained of, it was shown that the injury was caused on Saturday night while the plaintiff was crossing the de- fendant's track at a public road crossing in a town of two or three thousand peo- ple: that the crossing was at the prtnci- pal business street of the town which was used by pedestrians and vehicles and peo- ple on horseback; that said crossing was much frequented and was more used on Saturday night than any other; that the
The Montgomery advertiser., 1903-08-07
o'coNNoR & co. V LEvYsTEIN.

GarnIshment Proceeding.-AppeaI from
 the City Court of Montgomery.
 l. Garnishment; when error to render final judgment against garnishee for want of answer.-In a garnishment proceeding 1t Is error for the court to render final judgment against the garnishee for fail- ing to make answer; since, under the statute. Code. Sec. 2ls5) if the plaintiff was entitled to any judgment against the garnishee. 1t was only judgment nisl, which was to be made absolute and final unless he appeared within the first three days of the next term and answered
 Reversed and remanded. Opinion by Tyson, J,
The Montgomery advertiser., 1903-08-07
Dysentery Cured Without the Aid of
 a Doctor

T am just up from hard spell of the Tux tdysentery says Mir. T. A. Pinner. a Tenn" I used one small bottle of Cham. berlain's Colic, Cholera and Diarrhoea Remedy and was cured without having doctor. I consider 1t the best cholers medicine in the world" There is no need of employing doctor when this remedy is used, for no doctor can prescribe a bet ter medicine for bowel complaint in any form either for children or adults. 1t sale by all druggists. adv.
The Montgomery advertiser., 1903-08-07

speea of the train which ran upon the plaintiff was from twenty-five to forty miles an hour and neither bell was rung nor whistle blown. It was also shown that just before the accident freight train making much noise had just cross ed the crossing on side track. Piaintin waited for the freight train to pass and delayed going on the main line. where the accident occurred, until the freight train had gotten out of the way. Plaintiff testi- fled that he stopped and looked up and down the passenger track and listened, but could not see or heard anything ap- preaching; that just as he stepped upon the main track he was run upon by pas senger train upon the defendants track and sustained the injuries complained of. There was also introduced in evidence an ordinance of the town of Avondalc pro- hibiting the running of trains within tho corporate limits at a higher rate of speed than five miles an hour. Held: That tho question as to whether or not the defend- ants servants or employees were guilty of wantonness or willfulness in infiicting the injury upon the plaintiff was one for the consideration of the jury, and the court properly refused to give the general affirmative charge in favor of the defend- ant.
 2. Same; same.--In such a case. the fact that the engineer in charge of the defend- arts engine which caused the injury was not shown to have known of the circum- stances and conditions surrounding the crossing, is not sufficient to prevent the jury from concluding from the evidence that the injury was wanton or willful.
 3. Wanton or willful injury; wanton and deliberate exposure of plaintiff no defense.-In an action against a railroad company, where the plaintiff seeks to re- cover damages for wantohness or willful- ness on the part of tho -defandant's ser wants or employees infilcting the injuries complained of, wantonness and deliberate exposure of the plaintiff to danger con- stitutes no defense; and, therefore, in such a case, a charge is erroneous and properly refused which instructs the jury
 that although you may find from the evidence that the servants of defendant were guilty of. negligence contributing proximately to produce the injury to plaintiff, and although you may further find from the evidence that the agents and servants of defendant were guilty of wantonness in the management and run ming of said train. still If you find the evil dence that plaintiff was himself guilty of wanton and reckless conduct in going on said crossing in front of said train, then your verdict must be for defendant
 Affirmed. Opinion by Haralson. J.
The Montgomery advertiser., 1903-08-07
ENsLEN V. NATHAN ,et al.

NdiHIsHmeHC FFuceeuIhB.-AppeaI rom
 the Circuit Court of Colbert.
 l. What demands can be reached by garnishment; subscription to stock in pri- vate experimentation the subscription to stock in 8 private corporation is made with the privilege of discharging the same by the conveyance of certain spec flied property, then owned by the sub- scriber, when, called for by the Board of Directors. but after said subscription dis posed of all of said specific property, a creditor of said corporation may. by gar- nishment. subject the unpaid subscription of said subscriber to the payment of the debt due such creditor Code ,Sec. 2iS2). and this Is true, although no call had been made by the Board of Directors for the payment of said subscription.
 Affirmed. Opinion by Dowdell, J.
The Montgomery advertiser., 1903-08-07
TEACHERS PASSED.
Several Awarded Certificates by the
 State Board.

SoV14H4 AWd1ueu O51 1LIMCdLeB Dy LMe State Board. The following teachers were yesterday announced as having successfully stood the State examination for teachers cer- tificates.
 Calhoun County: Jesse Irwin.
 Chambers County: Maud Bolton, Oscar A. Bonner.
 Dale County: Virginia Mizell. J. L. Wat kins, Jonah Lisenby, N. s. Lisenby E. L. Miller, B. w. Mckay, c. H. Byrd, c. R. Helms.
 Lee County: Mrs. Ana B. Strickland, Ethel Simmons, L. William Hamilton.
 Sumter County: Mary Parham, John Lee Evans. Mary Hope, Edna George, Ellen May Moore, J. B. Farrior. Sarah J. Jones.
 Tuscaloosa County: Alice searcy Wy man.
The Montgomery advertiser., 1903-08-07

Keep your vital organs in good condi- ton if you would have health through the malarial season. Prickly Ash Bitters cleanses and strengthens the stomach liver and bowels and helps the system to resist disease germs.
 adV-Wed-fri-su
The Montgomery advertiser., 1903-08-07
CAPITAL CASES COMPLETED.
Trial of Negroes Charged With Rob-
 bery Postponed.


 bery Postponed.
 On account of the illness of the leading witness for the prosecution, cases of highway robbery against Claude Hearst, Lum Lewis and Luke Towles, negroes, were continued yesterday in the City Court of Montgomery.
 The three negroes are alleged to have shot and held up a negro on the west side of the Bell street bridge in the early morning about six weeks ago. All of the negroes have bad regulations. The continuance of these cases con- cluded the docket of capital cases, and the jurors were discharged by Judge Thomas.
 The court will next week, take up the misdemeanor cases and minor felonies. Special at Dowes Randy Kitchen today: Lines, 10c ter dozen. Order your Ice Cream and Cakes from DoWe Wa give
The Montgomery advertiser., 1903-08-07
GOVERNOR IN MOBILE.
Will Review the First Infantry To-
 daV

Governor Jelks left yesterday morning at Il o'clock for Mobile. where he goes to review and inspect the 1st Infantry Alabama National Guard now in practice camp at that place.
 The Governor was accompanied by Ad- jutant General William W. Brandon and Quartermaster General Barry l.. Holt The remainder of the stan will join him in Mobile. He will review the 1st In- fantry to-day, returning immediately to Montgomery in order to review the 2nd Saturday.
The Montgomery advertiser., 1903-08-07
REMNANTS HALF PRICE.

At our Friday Half Price Remnant Sale today, everything in the house in Remnants and Broken Lots go at Half Price. A. s. Knowles Dry Goods Co,
The Montgomery advertiser., 1903-08-07
coURTLAND GUN CLUB.
Good Scores Made Despite the
 Weather.

Courtland. Aug 6.-(Special) )-The members of the Courtland Gun Club held their weekly shoot at the Club grounds. near town this afternoon. The after noon was very cloudy and dark. making a very bad back ground to shoot against. The match was at 25 targets and the fol- lowing is the scores made: Burke 1T, Nicely 15, Harris Is. Cortner 19 Lawler 14 Sherrod 20, Gilchrist 2. Sykes 22, Brown IS and Swoope '.
 On the 2Oth of the present month the club will give an all day shoot. and will serve a barbecued dinner to the visit ing shooters. A three cornered match is being arranged between Courtland. Town Creek and Decatur.
The Montgomery advertiser., 1903-08-07

In a match game of baseball yesterday between Courtiand and Hillsboro. Court land won by a score of 16 to F. Through out the game was slugglng match and devoid of interest.
The Montgomery advertiser., 1903-08-07

An electrical storm of great fury passed over this section yesterday afternoon. For hours the bombardment by thunder and lightning was fearful, and while no deaths have so far been reported, the damage from rain and lightning must be great.
The Montgomery advertiser., 1903-08-07
LOST.

BAY horse. 5h hands high. white strip in face and white feet and legs; very light tail
 Reward for return. James Chappell. 49a w. Bell. 6t
The Montgomery advertiser., 1903-08-07

75 for weeks subscription, be entitled votes 1ob for months subscription, will be entitled Seo for months subscription, will be entitled votes 7so for l@ months subscription will be entitled votes Votes be pad win be given Fill out coupon
The Montgomery advertiser., 1903-08-07
REAL ESTATE AND INSURANCE.


 Chas. N. Holt, second floor. lo5 Dexter Avenue, Insurance and Real Estate.
 For Rent Elegant. large boarding house. very conye- niently located and we'll established Dwellings on Jackson Street Dwellings on Monroe Street Dwellings on N McDonough Street. Dwellings on South Court Street, Dwellings on Whitman Street Dwellings on Pelham StreetA Dwellings on Columbus Street. Store and dwelling on Bell Street Insurance written buildings stocks. house. hold furniture, etc, at lowest rates Chas. N Holt
 Insurance and Real Estate Second floor, Io5 Dexter Avenue
 Phone 69l.
The Montgomery advertiser., 1903-08-07

FOR SALE-=At a bargain, three drummers
 hacks in good repair; also one very fine full Jersey bul.s McCurdy stock. Address me- Pine Apple. N. c. Baker. St
The Montgomery advertiser., 1903-08-07
WAETED-FErIALE HELP.

wANTED-A lady stenographer; state expert ence and salary expected. x. Y. g., care this office. 2i
The Montgomery advertiser., 1903-08-07
FOR RENT.

SEVERAL desirable offices for rent, either now or from Oct lst; terms reasonable; new and well located. Apply Clifford LanIer Jr.
 Washington and Perry Sts. 4t
The Montgomery advertiser., 1903-08-07
FOR RENT-sToRES.

FOR RENT-Storehouse No. POP Dexter Ave dwelling No. o9 Holt St; cottage No 500 Dexter Ave. Apply to J. M. Starke, 95 Hons- ton St. If
The Montgomery advertiser., 1903-08-07

FOR SALE-Elegant s575 Regina Orches- tran." "A tunes; guaranteed fifteen years A ane investment. paying for itself in one year.
 VIII sell cheap. Address 'orchestran." care Advertiser. 10-su-tu-fTt.
The Montgomery advertiser., 1903-08-07
FINANCIAL.

MONEY to lend at from to per cent
 depending on location of properly; large or email amounts; prompt service. Montgomery Abstract Co.,. No. s. Perry St. u
The Montgomery advertiser., 1903-08-07
MISREPRESENTATION.

wANTED-Position as stenographer or cashier by young lady, willing to work reasonable a whole or part of time during the Summer. Ad- dl ess A., Box 226.
The Montgomery advertiser., 1903-08-07
wANTED-To BUY.

GERMANY won the Gordon Bennett cup! State representative wanted for Krupkars; the best motor cars; made in Germany; State rights given on firm contract for six cars.
 Write to Krupkar Ltd, Lancelot Place, Lon- don, S. w.. Eng.
The Montgomery advertiser., 1903-08-07
FOR SALE.

FOR SALE--At a bargain, three drummers' hacks, in good repair also one very fine full Jeisey bull McCurdy stock. Address me, Pine Apple. N c. Baker. Ee
The Montgomery advertiser., 1903-08-07
WANTED-MALE HELP.

wANTED-A good insurance man to manage Montgomery and surrounding counties by one of the best old line life insurance companies.
 Call on or address P. H. Calmus. Exchange Hotel. 2t
Alma record. (Alma, Mich.) 1878-1928, 1903-07-10
GERMAN SYRUP,

We want to impress on our readers
that Boschee's German Syrup is post.
lively the only preparation on the mar
ket today that does relieve and cure
consumption. 1t contains the specifics,
such as pure tar, extracts of gums, etc,
which have been so highly endorsed for
the cure OF coughs, colds and consump.
ton by the great medical congresses.
The consumptive, whether his disease
is in the throat or lungs, must have rest
at night, and be free from the spasm of
dry and racking cough in the morning
The diseased parts want the rest, heal
ing and soothing treatment, and the
patient needs fresh air, good food, etc
German Syrup will give free and easy
expectoration in the morning with
speedy and permanent relief. Small
bottles, IS cents regular size, contain.
ing nearly four times as much, IS cents.
At all druggists. Sharrer & Mulhol.
land, Alma.
Alma record. (Alma, Mich.) 1878-1928, 1903-07-10
THE GREAT PARKS OF
COLORADO

Continue one of her chief glories.
They contain fields, forests, and plains
they are watered by creeks and rivers,
and contain villages and farm-houses ;
they have springs and lakes where no
tells and other places OF entertainment
are found for those seeking health and
recreation.
To enable people to reach these fav-
ored localities without unnecessary ex-
penditure of time or money the UNION
PACIFIC has put in effect very low
rates and splendid train service from
Missouri river to Denver.
Accommodations are provided for all
classes of passengers on these trains, the
equipment including free reclining
chair cars, dining cars, buffet smoking
cars drawing-room sleepers, day coach
es, etc.
Full information cheerfully furnished
on application TO +. B. Choate, G. A,
1876 Woodland Ave, Detroit, Mich.
Alma record. (Alma, Mich.) 1878-1928, 1903-07-10
THE BLUE RIBBON MEETING.
The Racing Event of the year VIII Open at
Detroit July 90.

Eyes are now turned toward Crosse
Pointe where on July 20 the hoof beats
of the trotters and PAGERS will inaugu
rate another Blue Ribbon meeting. For
nineteen years the Detroit Driving Club
has held these racing carnivals in July
and the excellence Of the attraction has
spread the fame CT the club all over the
land and made Crosse Pointe the mecca
for lovers Of light harness racing.
The track is known to the best
equipped Of any in the country and the
speed shown by the horses in this earl
season is generally remarkable. Indi-
cations are that with good weather
meantime the course will be faster than
ever before and not few Of the exist.
ing class records are apt to be broken.
Or greatest Importance in connection
with the Blue Ribbon meeting Is the
renewal Of the Merchants and Manu-.
facturers' $1,000 stake for 2:24 class
trotters. Fifteen responded to the call
in the spring and of these there have
been but two declarations. Many have
asked for one Of these entries so that
IL looks now as though the full field OF
fifteen will go to the post. In this lot
are no less than ten that have shown
ability TO trot in 2 10 or better, so the
race should be stoutly contested and the
time very fast. The M. and M. will be
trotted on July 81, the second day of the
meeting
The principal race on the opening day
will be the Chamber of Commerce stake
OF $4,000 for the slow class PAGERS. 1t
also attracted 10 and the field will not
only be large but is chuckful of speed,
including the sensational California
golding Mush, Hudson's great DIR. Ma
dara and a lot of others that are faster
than the free. for. all horses of decade
ago.
There are three other early closing
events with good fields and the regular
purses close on Monday. Ii is expected
that plenty Of horses will be here as
there are so many in training at Oleve-
land, Windsor and other places and all
OF them have shown up well consider
ing rainy month.
Alma record. (Alma, Mich.) 1878-1928, 1903-07-10
A CHANCE FOR GOOD READING.
\ Circulating Library Placed at the Dis
posal of Alma People Who Wish
Good Literature.

A branch of the Tabard Inn Library
has been organized in this village
the membership at present numbering
fifty, aud there are number OF
applicants who wish to join at once SC
that 1t is expected the list will reach l0C
In q short time. The Tabard Inn Lii.
brary extends all over the L nited States,
In every large city and number of
smaller ones and villages as we'll. The
yearly membership costs 81 so, or q life
membership IS CO. Any member can go
to a Tabard Inn Library, no matter
where located and upon the return Of a
book or the presentation OF first ser.
vice ticket. and by the payment of five
cents be entitled to any book in the case.
The books are all of the very best stand.
ard writings OF the day and by authors
well known to literature, cloth bound,
and printed in the same style as those
sold in the book stores. The library for
Alma has been located in Sharrar q
Mulholland's drug store where the books
have been placed in revolving case
built especially for the purpose.
Alma record. (Alma, Mich.) 1878-1928, 1903-07-10
A TRIBUTE.

Under the above heading, the follow
item, referring TO our new superintend-
ent of schools, appeared in the Nassar
Times Of June Is;
1--WE, the grade teachers Of tie public
schools Of Vassar. desire to express our
appreciation of Mr.. Allen +. Rockwell 5
work as superintendent and of his gen.
tlemanly cooperation with US as teach
ers. We feel that under Mr.. Rockwell's
supervision the public schools Of Nassar
have made rapid progress and that in
his leaving the entire community sus-
tains an inestimable loss. Ia expressing
our sincere regret in the matter, we feel
assured that we voice the general senti.
ment of the patrons Of the school and of
representative citizens of Vassar.
Libbie Harrison, Idah Root, Josie Adams,
Jessie Cottrell, Maggie Graham, May
North, Ula North.
Alma record. (Alma, Mich.) 1878-1928, 1903-07-10
$4,000 IN PREMIUMS.
New Methods and New Plans for the West
Michigan state Fair.

The work of preparing for the coming
West Michigan State Fair, which Is to
be held in Grand Rapids September l4th
to 18th. this year is going on very rapid
ly.
Over $50, 900 is to be distributed In
premiums, special attractions, etc, at
Comstock park, where the fair is to be
held.
A landscape gardner Of national repu-
tation has been employed, and most
artistic plans have been adopted for the
identifying of the grounds. 1t Is
Manned to have large lake in the
center of the track. and large numbers
of shrubs and trees have been set out
all over the grounds
One Of the unique features or the
premium list is the giving OF very
large prize for the largest and best
general collection of fruit grown in
Michigan. The premium will be $75.0O
for the best, $4,000 for the second, and
S25 90 for the third best collection OF
fruit.
There will also be premium OF $2000
for the best, $1,000 for the second best
and s.. 90 for the third largest and most
iudiciously selected, best grown and
carefully handled exhibit OF not less
than twelve varities OF peaches exhibited
by individuals or society, adapted Tor
dessert, family and culinary purposes,
affording a succession during the usual
season Of this fruit.
There is also to be prize OF $20. 90 for
the heat and most judiciously selected
exhibit of not more than twenty varle'
ties of pears for desert, family and Gull
nary purposes, affording "a succession
during the usual season, exnipiteu py
society or individual.
A prize will also be given to the most
iudiciouly selected and best grown and
carefully handled exhibit OF not more
than twenty varities Of plums for dessert,
family or culinary purposes, anorolng
succession through the usual season;
These premiums are most generous ana
are a great departure from the usuai
method Of giving premiums In horticul-
tural exhibits.
One of the pleasant features OF the
West Michigan State Fair Association
is the fact that they pay their premiums
in cash as soon as the fair closes.
The Central Passenger Association mas
granted rate Of one fare for round
trip all over Michigan to the fair. max.
ing 1t possible for q large number OF
people to attend this fair.
Mr.. o. A. French. who was so success
full as secretary last year, will be IN
charge this year TO whom all applicants
for space or information should be ao-
dressed.