davidaulloa/AmericanStories huggingface dataset:
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
LEGALITY OF
COUNTY COURT.
Steps Taken TO Settle the Question
by Esq John 7. Akin.
he is Charged With Holding Office
Illegally, and Special Judge
W. S. Fleming is Now
Trying His Case.
tFrom Wednesdays Daily.)

The question of the legality OF the
County Court is being argued this at
ternoou before Special Judge ". S
Fleming. in the COUNT Court.
This NOR ing the grand jury returned
an indictment againss ESQ. John L.
Akin, of the fifteenth district, charging
him with holding office illegally. The
case was set for hearing before County
Judge W. o. Gordon, at = o'clock, but
he being incompetent, on account of
being an ex-officio member of the court.
TO near the case. Mr.. w. s. Fleming was
elected TO hear il.
Mr.. E. fl. Hatcher and bis son,
Charles Hatcher and Mr.. G. T. Hughes
are defending Mr.. Akin, and County
Attorney ". B. Gree1law, and his law
partner, MIR. Joe Whitthone, will prose
cute.
The case will be taken to the Supreme
Court at once, and an opinion obtained
as sOon as possible.
Mr.. Akin consented to allow himself
to b. made the principal to the snit. in
order to get this all-Important question
settled.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
WORK BEGUN ON
The INTERURBAN.
Engineering Party Leaves Nashville
on Final Survey and Grazing
Has Begun.

SAYS the Nashville Banner:
Tine actual work OF constructing
the Interurban line connecting Gala
TIN. Nashville aud Columbia was
begun Wednesday. The preliminary
survey was made sometime back ana
right OF way secured, out now the
engineering corps have taken the field
and Eegun the actual work OF locating
the line. The engineers reached here
Tuesday night and started out Wednes-
day morning. and by Monday the work
of grading on the line as finally To-
Gated will begin The two companies
organized were recently
consolidated uncer the name of the
Nashville, Colum bia X Gailstin Eleo-
trio Railway and the capital stock
increased TO 81. 900 600 IL seems that
the fact that wo1k is TO begin on the
of the road substantiates
the claim of the new owners of the
rights of way that they really mean
bust ness.
mir. f. W. Warren. of New YORK.
who has charge of the engineering.
reached the city Wednesday and I'm
took up the work.
'GraGers will follow the engineers
losely and already men have been
engaged and started to work grading.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
THE ELECTION.

The Herald will not throw any
bouquets at the gentlemen elected to
office Thursday. They are we'll and
favorably enough know not to need
encomiums from the Herald.
The men who made the ticket
supported it in good faith. The
whiskey dealers. so far as we were
able TO judge, doing quite as we'll as
the Reformers. Quite number of the
rank and file OF the whlskey crowd,
ulKed and refused to vote. Quite
a humble of the Reform crowd stayed
at home and faied to vote. Of the
two, we think the reformers the more
to blame. MIR. Brownlow majority
should have been larger. 1t would
have been larger had his friends
thought he stood in need of their
votes. AS 1t was, 1t lacked only uine
votes OF being twice as many as his
opponent received, ana that will do
fairly well.
We congratulate the town at large
that the election passed 80 quietly and
tremendously, and we predict sound,
conservative, and yet progressive busi-
ness administration. The men at the
helm will not mind spending any
amount of the peoples money, If the
people get value received; hut they
will not throw 1t away or give 1T
away. They have business sense and
business experience enough Ito know
q hawk from handsa and there
won't be any JOBS put up on this
board.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
Judge Gordon's Position.

County Judge W. o. Goroon. II is
said. took some rather peculiar steps
In the matter, toward getting the test
case in court. When the suggestion
was made that some member of the
County Court De indicted for illegal
holding OF Office, Judge Gordon, IT is
said, was ght in for the move, and
with otht rs cast about over the county
to get some magistrate to consent to
be indicted, taking an active interest
in the matter. Several magistrates
refused, and, II Is said, judge Gordon
/ thought the plan would be failure.
Finally, however, when Esq. John I.
AkIn consented for himself to be in
dicted, Judge Gordon went before the
grand jury anu d1d his pest to dlssuade
the jury from returning the inGict
ment, and, it is said. asserted to them
that the plan was a scheme to tear up
the County Court; Notwithstanding
the fact that yesterday he was in
favor of the plan.
The purpose of the indictment of
Esq. Akin, however. as stated by
Attorney General Garner, was to
prove the validity of the present
County Court, and not to tear 1t up, -
80 as to make all Its acts since the |
redlstrictIng bill was passed-among |
the most important the 500, 900 appro
prlatlon for a new court house-iegal, |
and therefore to remove any shauoW
from the court S acts.
The reason for making the test in
form is that civil case could
not be gotten before the Supreme Court
for one year yet, while by making it
a L..
the Supreme Court at Its present sit
tinn
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
WAS A MAURY COUNTIAN.
Policeman Ben Dowell Succumbs 10
His Wounds.

Officer Ben Dowell, of the Nashville
police force, who was shot in front of
the Grace Cumberland Presbyterian
Church in Nashville Sunday night, sue
cumbeu to his wounds Monday niAht.
Mr.. Dowel was native of Maury
county and was born and raised in the
Williamsport country. he was
fret cousin of Messrs. w. M. and
Frank Chaflin, of this city,
and had other relatives through the
county. He had been on the police
force just one year. He got his appoint
mept through the influence OF Mr.. Frank
Chaffin, who demonstrated with him at
the time against the life of policeman,
and tried TO persuade him from going
on the force.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

At Thursday nights meeting of the
Board OF Mayor and Aldermen, Mayor
Tltcomb called the attention of the
Herald reporter present. to the fact,
as set forth in Judge Erwin's report,
that the present board Is leaving a
81, 900 surplus in the treasury. rs CON-
pared to $500 left by Its predecessor
We thank the Mayor for the cue. And
will explain the further fact, which he
does not seem so particular about
mentioning. that that surplus was
created by the % cents on the hundred
tax raise, put upon the people by his
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
BASIS FOR AGREEMENT.

Through figures published in tn'
Nashville American. Internal Reeve
nue. Collector Jno. E. Metal Is au
thOrity for the statement that he col
lected nearly $l0.0 more for spiIit
stamps in November 1903 than ne did
in November 1902. And the American
prefaces the tiguers with the announce
ment. that 'sincs the passage OF the
Adams law the sale { whiskey In Ten
nessee has Immensely increased.
There is an ola adage that Figures
will not lie. :" We have often be ieved
that old adage tn be one Of the biggest
lies that ever was told. Figures are
very pliable, and it depends entirely
upon the manipulation, whether they
lie or not. Bat we will assume, for
the sake Of argument, that these figures
given out by the Internal Revenue
Collector, are true; and we will admit,
for the sake of getting together,
that the Americans deduction is true;
then we suggest that the Wholesale
Liquor Dealers of the State, and the
Anti Saloon League of the State,
ought to get together in the support of
and the further extension of, the
Adams law.
The Antl-Saloon League people
with whom the Herald Is proud to
claim association fatnered the Adams |
law ano denounced 1t good thing. |
1t is our baby. We cannot deny Its
parentage. We claim that it Is a
temperance MEASURE; that it promotes
sobriety andsgood morals; that 1t Is a
benefactor to the human race. We a.
proud of it aud satisfied with it as tar
as 1t has gOn9.
Now if 1t helps the wholesaler sell
his wffIskey, what kick has he COM
ing? 1t it is GOOD thing for his
business as far as it has gone. what
objection can he make to having it go
a little further2 II to apply the
Adams law to Lewisburg and Law
Pulaski and Franklin,
Increases the sale of whlskey, by all
means lets increase 1t some more by
the same law to Columbia. :
Even Governor Frazier and Chairman :,
Thompson, with these figures con- !
fronting them, might be harmonized J
into the belief that temperance legls-
alton had not gone far enough.
We suggest. therefore, the Adams :
aw and lts further extension, as a
basis of agreement; ana In considera-
lon of the Temperance men consenting l.
o further increase the sale of whis- u
,ey" by extending the Adams law,
hat they shall have the privilege of :,
aiming the Legislators who shall :,
al hfully put that agreement into full f;
execution. b
Either the liquor men mus1 go back u
II Mr., Mccall figures, or the TEN 81
eranoe men must go back on the
dams law, or else we see nothing to
revent them from uniting their effort "
} sustain, extend and enforce the az
dams law. -
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
STATE NEWS IN BRIEF.

Mrs. Sid Bishop was burned 30
death near Dyersburg.
Sullivan County unanimously in
structed for Senator John l. Cox foz
state Senator
j. c. Adams was reelected Mayor
of Lewisburg.
An Ice factory is to be built at
Tullahoma at once.
The saw mill owned by r. Fl, and
E. w. WEIGH three miles west of
Petersburg. was destroyed by fire.
Loss estimated at $500.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
COUNTY COURT
4 LEGAL BODY.
That is The OPINION OF SPECIAL
JUDGE FLEMING.
Legislature Did Not Intend TO Leave
the County Without Court
Case Appealed and VIII Be
Heard by Judge Holding and
then Carried 10 The Supreme
Court

| SPECIAL Judge Fleming, In rendering
his decision ia the case of John r..
Akin, Esq. Magistrate from the fiji
teenth district harged with holding
Office illegally, held that the redIstrlct-
ing bill was constitutional and that
the present county court WAS legally
constituted body, that the last legls
lsture certainly could not have in
tended to abolish the County Court
and leave the county absolutely with
no court at all that such an act would
have been unreasonable and unconsti-
tntional. Justice AKin was therefore
acquitted of the charge against HIM,
was quashed.
The decision of Judge Fleming
means that the present county court
Is legal court, and that all its acts
since the passage of the redistricting
bill last spring must be considered
legal and binding. So far as this de.
cisloD goes, 1t removes all doubt as to
the legality of the appropriation for
800, 900 for a. new court house, bridge
appropriations and other contracts
made by the court since the bill was
passed.
The case was appealed to the Circuit
Court and will be heard by Judge
Holding either Friday or Saturday.
Whatever Judge Holdings opinion
may be, whether he sustains Judge
Flemlng's decision or gives an adverse
decision, the case will be carried on
to the Supreme Court at once, and that
court will pass upon the question at
Its next sitting In Nashville next week.
AS soon as the Supreme Court passes
upon the question, the erection of the |
new court house will begin, tnat is.
If the Court holds as Judge Fleming |
has. that the acts of the present |
county court are legal. IL not, then
WORK Will not begin. probably, until
the new county court to be elected I'M
Ter the redistricting bill can meet and |
ratify all the acts of the present court.
The belief is becoming general that |
the election commissioners at the
meeting TO be held next Monday Will
,all an election for magistrates under
he redistricting bill.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
Special Extra.

Four styles Sc inch brown and blue
Mixed Scotch Suitings, 75c from 81,
Fine $l.25 Persian Velour, 10 inches
wide. for ladies waists, Saturday
and Monday, 75c a ysrd.
10c Flannelettes. dark and light
colors, 71ac yard.
15c Fleeced- back Oxfords, white
grounds, small colored dots and fig
ures, 10c yard
Table Damask, SOC to $3.50.
Linen Napkins, 81 dozen and up.
Towels, Zoe to $3.50 pair.
Ladies' Shoes, $3.50, $500 and
50 80; extra values.
Mems Shoes. $l50 to $500; best
values at each price.
Boys Shoes, 81 80, $l75 and $500;
high values, low prices.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

About the t,me that Uncle Grover
learned that Carnegie was going to
construct a large artificial pond ut
PuncetOn. suitable for duck raising.
he discovered that under no circum-
stances would he be induced to move
his residence to Washington, says the
Memphis ScImItar.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

CT icagC, Dec. 9.2EdWin A. Potter
has teen elected trustee of the esta e
OF .hn Gafunct Potter Brothecs Co. 'rhe
trustees lond was fixed a. SIS 900. TIE
trustees tond was fixed at $4,000. The
petition against Watson was filed seY-
eral weeks ano. His debts are said to
he about 81 $50 eco and his assets $780,
0O0
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
Late News @C0mment.

Senator Morgan took President
Roosevelt to task Wednesday in
speech IN the Senate. He said Roosevelt
was guilty of presidential usurpa-
ton In his conduct on the Panama
canal treaty.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
Five at sedaIia. NO.

Sedalia, Mo-, Dec. 9.-The Mackey
residence on East Fourth street was de-
stroyeG by fire, Monday night The to-
tai loss Including valuable paintings,
q rare collection Of bric-a- brac, etc, is
estimated at $1,000 covered partially
W insurance.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

John Alexander bowie is again IN
full toatrol of Zion City, and it is
probab BILE the bankruptcy proceedings
will be dismissed In few days.
With the consent of his creditors the
receivers have been discharged.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

Clarence Helmlck, son of John
Helmick, OF Burns, was hit on the
head with rock and seriously but
not fatally injured in a difficulty with
the Purdan brothers, who are tenants
on the farm.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

Senator German, IN a speech in the
Senate Tuesday, insisted on con-
gressional investigation Of the post
Office department, and asserted that
there was evidence in writing to sub
stantlate the charge that high official
of the department had been shielded
by departmental investigation recently
made.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

Senator Teller, IN speech IN the
Senate, charged that Gen. Wood
manufactured sentiment in Cuba in
favor of the Reciprocity Bill ano that
he sent circulars to Senators urging
the passage of the bill, an act that
would have resulted in the casnierlug
of any other Officer
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

A Washington telegram says Senator
Hanna has announcer that Perry
Heath will remain secretary of the
National Republican Committee as
long as he Hanna remains chairman.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

Joe Patterson, colored, who was con
fined in the Lewisbur9 jail on the
charge of attempt to commit muroer,
made his escape by rizlng apart the
bars across the windows OF his cell.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

The Democratic National Committee
will meet 10 Washington about
January - TO fix a time and place for
holding the next Democratic National
Convention.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

A bill has been introduced in con.
gress to increase the pay OF rural free
delivery mail carriers TO 500 the first
year, $3.50 the second. and 5000 there
after The pay at present is 5000 per
year.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

TIE Langley flying machine was
given another trial near Washington
and was completely wrecked.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

There are now 81, 600 civilized
Indians IN Indian Territory, according
to the report of Inspectors.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

Alabama republicans believe that
Senator Hanna would accept the nom
inatlon for president.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11

Herbert Spencer, the eminent
author and philosopher, died at his
home at Brighton, Eng, in his SD
year.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1903-12-11
First Floor Suggestions.
Ladies' hid Gloves.

White, black, tan,
b row n and grey,
dressed al d undress-
ed, $1.0O and $3.50.
Ladies' and Misses
Golf Gloves, csc and
soc.
The daily morning journal and courier., 1903-12-16

other student of fiction even counted and classified the possible complications of plot which could be introduced into novel or play. Therefore, 1t was ar gued that we were to have no more fiction and no more dramas worthy Of the name. Nevertheless good and orig inal fiction is still beging written and will continue to be written, while not a year passes that does not bring out several plays that will be preserved. Among the latter the already celebrated American melodrama, "A Hidden Crime" which will appear at the Grand opera house the last three days this week, stands out conspicuous. This piece although comparatively new has already won public favor and will un- doubtedIy one day be regarded as a classic of its kind. It is magnificently staged and acted by company which could not be improved upon. The play abounds in good features, the dialogue is clean and bright and the moral les son taught will make a lasting impress sion upon those who sse it. There will be a matinee Saturday.
The daily morning journal and courier., 1903-12-16
ENTERTATNMENTS
... Ilrncrion pheatee,

Sir Henry Irving, whose only appear
 ance here this season Is scheduled for Saturday night, December 19, at the Fly perion tfeater in "Dante," was origin ally intended for a business career.
 Soon after his school days were over he was placed in the office Of an East h.
 dia merchant, with the prospect, if he
 gave satisfaction, of obtaining s lucra- tive post in Calcutta. ! Before long,
 however, he resolved to seek fame and fortune on the stage, and with this view took lessons from an actor named
 Hoskins, in Myddleton Square, in Lon don. This MT. Hoskins was so pleased with his pupil that he introduced him to
 Mir. Phelps, then the manager of Sad ler's Wells theater. The tragedian, af- ter hearing the aspirant recite 0thelle's 1dress to the Senate, kindly smiled ap- proyal, but advised him not to join such an ill-requited profession as the play CTS.
 well, sir said Sir Henry Irving,
 who was not eighteen, it seems strange
 that such advice should come from you,
 seeing that you enjoy so great reputa-
 ton as an actor. I think I shall take
 my chance and go upon the stage"
 ''In that case, sir" replied MT. Phelps, you may come next season to Sadler,s
 Wells, and I'll give you two pounds a week to hegin with"
 Sir Henry Irving, completely taken
 back, stamtnered & few words of grote- ful appreciation, but did not accept the nf
 his career in the English Provinces,
 where he would have better opportuni- ties to study. It was only few years afterwards that he was engaged to
 come to London, where he made his first appearance at the St. James the ater in a play by Dion Boucicault called Hunted Down" Seats are rapidly
 selling. Prices $25O. $1, $1.5O.
 The Christmas attraction at the Fly
 perion will be Checkers" which will be presented Christmas day, matinee
 and night. The play will be repeated
 Saturday at the matinee and at night Thomas w. Ross, the clever young ac-
 tor, is seen in the leading role. The | play is the dramatization of the novel l of the same name. It is a tale of love
 and luck and in it is a representation
 of the betting ring in Washington Park
 on Derby day 1893. The Hon. William
 c. Whitney who saw Checkers" in New York has said: "It is the great est racing play that have ever seen."
 The production calls for the services on the stage of one hundred and fifty peo- nIe and tha mana crnYyoaylt if Lririsa Ta 1 shele is guarantee that it will be given here with the same completeness which
 marked it's production in New York
The daily morning journal and courier., 1903-12-16
PLANS FOR CHRISTMAS.


 Tribune Sunshine Society to Carry
 Cheer to AIany-Help Them All You Can.
 There was a special business meeting Of the Tribune Sunshine society yester-
 day at Il a. m. at Mrs Benton's apart ments in Duncan hall composed of the
 various committees of the recent rail- road whist. There were eighteen mem bers present. The meeting was called to order by Mrs. F. B. Walker. All finan-
 cial reports were handed to Mrs. Ben ton. treasurer. After all expenses were
 met a very comfortable sum remains, which will be expended for Christmas
 boxes, to contain groceries, clothing
 and toys. The ladies have been given the use Of the store in the Music hall
 building on Court street free of charge
 from Saturday, December 1s, to Christ mas, December 25, and the ladies will be there every. day to receive donations of second hand clothing which any one
 has which they wish to pass along; also books and toys. The ladies will sort and arrange all donations and see that only worthy persons receive that which is donated. Please feel yourself called upon and interest your friends and thus carry Christmas sunshine to some weary tired mother, please some child or tighten a darkened home. Re- member. Christmas comes but once year, but its memory may bless you all the year.
 Mrs. T. J. Adams of 25 whalley ave- nue will give a whist Thursday after noon and evening to help fill the treas ury of the Tribune Sunshine society, and to be used for the Christmas boxes. There will be fifteen tables. Mrs. Adams has adopted the following method of filling the tables as the size of the house prevents general invita- tion. She has asked fifteen members of her whist club to invite players to fill one table each in the afternoon. The same plan will be observed in the even ing with fifteen tables from the Sun. shine society filling one table.
The daily morning journal and courier., 1903-12-16
NASHVILLE.

The Ladies Aid society of the West vile Congregational church have their society tomorrow afternoon and will serve on of their fine suppers from 6:30 to 7:90 p. m, in the church parlors.
 The Kings Daughters of the West will Congregational church will have a sale of fancy articles and homemade candies in the church parlors on satur- day, December 19. The young people have been working hard and are ex- peoting to realize quite sum. They say the candies will be of the best to fill your stockings for Christmas.
 There will be a fine recital of church music by the choir of St. James church, Whalley avenue, assisted by Miss May Bradley, soprano; Frederick S. Weld, baritone; Harry H. Whitaker, organ ist, this evening at o'clock.