davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-03-26
SPITE WORK.

Is What E. s. Turner Calls It. Birmingham Aee-Herald.
 F. A. Turner of Calcis. Ala, was . visitor in Birmingham yesterday and called at the off1ce of The Age-Herald. Mir. Turner is a merchant and manufac- turer with an excellent business record. and has many personal friends among the business men of Birmingham. Among other enterprises in which he is interested Is the Chewaela Lime works st Caicis, of which he is resident manager. the plant being owned by Renfro Bros. of OpAlika and a number of business men in Dadeville and Columbus. Ga.
 Takes Strong Exceptions.
 'J am inclined,'' said Mir. Turner, to take strong exceptions to the manner in which my name has been made so profni- nent in the case of the negro. Madison Federal grand jury last week indictments were found against several citizens of Goodwater, and because of which rny- self had to come to this city and make bond for appearance at court"
 Mr. Turner asserted most positively that there is not the least foundation for the charge or intimation that he has been concerned in any manner In any conspiracy, Or the Kidnapping or "en' siaving' of Davis or any other negro.
 T do not deny" said Mir. Turner, that work negroes at the Calcis Lime works. but I have always done so. In past years I leased State convtcts for whom stock ade was erected. and the stockade is yet there and Is used as q negro barracks. This negro Davis did work there last year. He did so under a contract signed by himself voluntarily. and this contract ia witnessed by P. M. Pruitt and R. N. Franklin of Goodwater.
 T have no hesitation in showing this written contract, in which the negro Davis admits his conviction of the crime of obtaining goods under false pretense. and in which he agrees to work out the amount of the fine and all costs. setting out the amount of the isame and the time he agrees to work fin paying same. So far as the crime, arrest and trial of the negro Davis Is concerned. have no knowledge except what the negro him
 Contract With Davis.
 T frankly state that this action against me Is directly traceable to Mir. McCord of Goodwater to whom I had occasion to administer a sound thrashing some time since. and therefore is solely spite work. negro criminal. Madison Davis. To show the ahsurdity of Mccord's claim that the negro is innocent or was kidna pped. here is letter, which reads as follows:
 The Letter.
 'csoodwater. Ala, Sept. %. lS02 " 'calcis Lime Co. calcis. Ala:
 'centlcmen-We learn you have contract with Mat Davis, eoiored. from this place, and on examining the docket ind there a charge against him Tn which he was fined and the amount of fine and cost is So His father desires us to pay him out. Will send you a check for this amount if you will send us the release. Let us hear from you at once.
 This" said MT. Turner. lis the inno- cent negro who was sent before the Fed erai grand jury by 6 white man of whom wenfy- five good citizens of his own town say they will certify that they would not believe under oath, and on his testimony [ am branded as a kidnapper and worse than a slave-driver."
The Montgomery advertiser., 1903-03-26
ONLY PARTLY TRUE.
ponular Idea Regarding catarrh.

rt is the common belief that what is popularly known as catarrh Is simply chronic cold in the head This Is true as far as it goes, but as matter or iact cstarrh is by no means confined to the nasal passages. but extends wherever the mucous membrane extends. which means nearly every part of the body.
 The mucous membrane Is the inside skin of the body and is nearly as exten- sive as the outside skin. and any inhsm- IT ation of this membrane causing an ex. ira secretion of fluid is really catarrh. Catayrh is. therefore. an old enemy dis ,,,isad hv many confusing names. for in- stance: Rhinitie is nasal catarrh; laryn- SitIs and pharyngids throat catarrh: Sastritis stomach catarrh; cystitis and nanhritis cata-rh of the bladder and kidneys.
 Therefore. although the location of the trouble gives it various names. in reality the sum total is catarrh and nothing else.
 no not make the mistake of thinking vou have no catarrh because the head and nose appear to be clear If there IS A cough, tickling in the throat ana hoarseness you have throat catarrh, if there is no appetite, but nausea, gagging and disgust for food especially Tn the morning, you have cstarrh of the stoH- ach.
 The surest treatment for every form of ..+srrh is an external remedy which acts sspecially on the blood and mucous mem branes: such a remedy Is the new prep aration sold everywhere by druggists un- der the name of stuart's Catarrh Tab lets. a medicine in pleasant tablet form and containing all the best and latest specifics for catarrh.
 Stuart's Catarrh Tablets contain in highly concentrated form, bloodroot. red gum of the Eucalyptus tree, and many others equally valuable curative ele- ments. and no one who suffers from any form of catarrh and has seen the inef- ficiency of douches, sprays and powders will ever go back to them after once try ing so pleasant q preparation ss Stuart's catarrh Tablets and one which gives so much relief in so short time.
 All druggists sell Stuart's Catarrh Tab lets at 50 cets for fult Gtzed package and the regular, daily use of them will sf- fectualfy cure this troublesome and dan Gsrous disease. 4hu-sat-sun.
The Montgomery advertiser., 1903-03-26

for failure to enter personal payment on mortgage record; delivery of notice to general agent sufllcient.-After making partial payment upon mortgage. the written request of the mortgaGor ao- dressed to the nfortgagee to enter par gage record and delivered to the agent of s ssss whs sosn 1 Ss with the statute Code, Section 1066; Acts of 1ssS-lS9s, p. 26) requiring notice to the mortgagee of the reduest and upon the ment on the margin of the record in com pliance with such request, he is liable to the mortgagor for the penalty fixed by statute.
 2. Agency; when. only shown to be general agent of the partnership.-The agent of 8 partnership carrying on a mer- cantile business. who negotiates mort firm and draws up said mortgages and receives payment made on such instru- ment. and Is shown to be a credit man of the firm, and in the absence of their business manager conducts their business as a general agent. and as such has au- thority to enter upon the margin of the record of the mortgage partial payments made thereon and, therefore. a written payment on the margin of the mortgage record delivered to such general agent by the mortgagor. Is sufficient notice to the mortgagee under the statute tmpos- ing penalty for failure to comply with such request.
 g. Action to recover statutory penalty for failure to enter partial payment on mortgage record: mortgage admissible in evidence.-In an action to recover the statutory penalty for failure. upon writ ten request to enter partial payments up- on a mortgage debt upon the margin of the mortgage record. the original mort gage upon which the partial payments was made Is admissible in evidence and the fact that the date for the payment of the note which 1t was given to secure Is not accurately stated in the mortgage and appears different from what Is aver req in the complaint. does not render such mortgage inadmissible.
 Affirmed.
 Cpinion by Tyson |
The Montgomery advertiser., 1903-03-26
BoNDsMEN REIMBURSED.
Settlement of Judge Randolph In
 cluded His Sureties.

The recent settlement of the indebted ness of Frank C. Randolph. former Pro- bate Judge of Montgomery County. in- eluded the reimbursement of his bonds' men.
 Warren D. Brown. Ray Rushton and others of Montgomery had paid about $16, ,000 toward reducing the debt of Judge Randolph to the State and this money was returned to them.
 Judge Randolph, it will be remembered, came into a large sum of money by the death of his kinsman, Captain Corbin, a fha settlenent of the estate the indebt- edness of Judge Randolph to the. State and to his bondsmen was liquidated. About s2l GOO was paid into the State treasury in addition to the amound paid to the bondsmen
 This finally disposes of the claim against Judge Randolph.
The Montgomery advertiser., 1903-03-26
HOLLOWAY V. SOUTHERN BUILDING

HOLLOWAY V. SOUTHERN BUILDING AND LOAN ASSOCIATION. Bill in Equity to compel Determination of
 Claims to Real Estate and to quiet
 Title.-Appeal from the Chancery
 Court of Lamar.
 l. Suhiciency of plea in chancery suit: when sufficient bar to maintenance of s1,it--where the defendant in a chan cery suit pleads to the whole bill and the snff1ciency of said plea is not questioned. but the complainant takes issue thereon. and every material fact alleged in the plea is proved, decree should be rem dered in favor of the defendant and the bill dismissed. although said plea was insufficient and would have been so held if properly assailed
 Affirmed.
 Opinion by Haralson, !.
The Montgomery advertiser., 1903-03-26
SMOTHERS Y MERIDIAN FERTlLI
 FER FACTORY.

SMOTHERS Y. MERIDIAN FERTlL1-
 FER FACTORY.
 Petition in equity to reopen decree
 4 rendered against non-resident-Appeai
 k from the Chancery Court of Lamar.
 1 Decree against nonresident defen- dant; not entitled to have decree reopened upon petition filed-Where one who is described in a bill in equity as a non resident and against him. on his failing to answer a decree pro confesso is regularly taken and upon this decree and the testimony regularly taken a final de- cree Ia rendered, such defendant is not upon petition filed as provided by statute Code Sections T53D entitled to have deere rendered against him set aside upon the ground that at the time of the filing of the bill and the rendition of said decrees. he was not non-resident of the State and should. therefore, have been personally served; the provisions 9f the statute having no application to resi- dent defendants.
 2 Same; same: what necessary to be the statute permitting decree rendered against nonresident to be set aside upon petition filed showing sufficient cause therefor. such decree will not he opened as matter of course and ne assaileh on the presentation of peti- lion by such nonresident defendant, but only upon sufficient cause shown; and 10 come within the meaning of the statute, if must be shown that the party had no actuaI notice of the suit. and to appear and defend, and that by reason of a de- fense which he sets up in the petition and ayers can be proven, an unjust decree has heen pronounced against him.
 g. Equity pleading; insufficient verlfca'
The Montgomery advertiser., 1903-03-26
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT

or movements of the train and is injured has no cause of action against the rail road company, unless the acts of its ser wants which caused the fright to the an- imal were wanton and malicious and done in the discharge of their business for the company: and in an action to recover damages to such horse, the burden is upon the plaintiff to show that the ennis sion of steam or the giving of the signal was unnecessary to skillful operation of the engine.
 Reversed and rendered.
 Oninion hv Tyson, ]
The Montgomery advertiser., 1903-03-26
In Leisure Moments
By @ Reporter.

sS = sssses sf 2 ssss See how the world It's veterans rewardsl A youth of frolics and old age of cards; Fair to no purpose, artful to no end Young without lovers, old without a
 friend.
 A flop their passion, but their prize sot: Alive, ridiculous, and dead, forgot,
 Paper in Moral Essays.
The Montgomery advertiser., 1903-03-26
Spring Walking Skirts

A beautiful line just received in all colors, made in the latest styles, a regular $500 garment, for to- day AZ 50 Light Gray WALKING SKIRTS,
 slot seams, very stylish, some are button trimmed and some with handsome corded yoke effect, and worth regular $500 for to- day ." ''''.'''''-'' YO'sS
 Just received a new line of CLo CLOTH SKIRT, with separate drop, $12.o0, for opening days. ......,.
 90 BROAD CLOTH SKIRTS, ha $500, for opening days. .... ....
The Montgomery advertiser., 1903-03-26

tion.--The veriAcation of bill in chance " by a petition In equity by the ;attor- ney of the complainant or petitioner, In the facts alleged in the bill or petition are true and correct according to hls best information and belief. is wholly insult hcient
 Affirmed.
 Opinion by Tyson. !.
The Montgomery advertiser., 1903-03-26
AND NASHVILLE RAIL-
 RnAI n f.O MASSEY

LOU tSN lItLtl- AN U INACI1 V ll1AAE 1NhA1
 ROAD co. V. MASSEY. Statutory Action of Ejectment--Appeai
 from the Circuit Court of Jefferson.
 1. Ejectment what title can be proven after abstract furnished upon demand = When a party in statutory action Tn the nature of ejectment, in compliance with the demand of the other party, tenders an abstract of the title upon which he will rely for recovery or defense, as re- ouired by statute Code. Sec. 153D but up- on the trial such party is not confined to the title stated in the abstract which ne tenders. but is allowed without objec- ton from his adversary, to introduce evi- dence in support of title or claim of title other than that specified in his abstract he is entitled to go to the jury on me title which his evidence tends to support. and can recover upon such title in the event he proves 1t.
 2 Adverse possession; when adverse possession of minerals not shown-Whe a person goes into possession of land un- der claim which does not embrace min erals the possession of the surface IS not adverse to the true owner as to the minerals. and adverse possession of the minerals in said land can not exist with out showing some act on the part of the person in possession of the surface. which would indicate that he claimed the mineral interest.
 in action of ejectment.-'M Mining rights including incorporeal heriditaments which lie in grants and not in seiZin. and are, therefore incapable of possession by the owner are not recoverable in an action of ejeetment
 Affirmed
 Opinion by Mcclellan. C. J.
The Montgomery advertiser., 1903-03-26

LOUISVILLE AND NASHVILLE RAIL-
 ROAD co. V. LEE.
 Action against Railroad Company to re-
 cover Damages for Killing of Horse
 Appeal from the City Court of Bir-
 mingham.
 l. Injuries to horse of traveller on pub lie road caused by noises of railroad train what necessary for owner to re- cover.-The right of a railroad company to operate it's road includes the right to make all the noises incident to the move r7ent and working of it's engines. such as escape of steam. etc. and to give the proper and usual admonitions of danger bv blowing of whistles and ringing of bells, etc.. and a person whose horse Is hitched to a buggy. standing at public crossing becomes frightened at the noises
The Montgomery advertiser., 1903-03-26
Reversed and remanded. Opinion by Sharpe. J.

BULLOCK K-McCALI4-McDONA ELEC-
 TRIC CO, V. COLEMAN. Action to recover rent--Appeal from the
 Circuit Court of Jefferson.
 l. Lease contract; when landlord not liable for damages resulting from de- feet in premises. in written lease of house, it Is stipulated that the landlord will not be liable for any dama- ges that might accrue on account of any defect in the building or premises leased, or for any break or getting out of order of any water pipe or any other plumb ing, such stipulation Is binding upon each of the parties to the leased contract; and in en action to recover the rent due under said contract, the tenant can not rscoup damages sustained by reason of the breaking of the water pipes in said build ing.
 2Pleading and practice; error without injury in ruling upon demurrer Where. in a civil action. 1t appears that upon the undisputed evidence in the case defense sought to be set up by special plea was not available to prevent the plaintlI s recovery, and that the plaintiff would have been entitled to recover under the facts. even if said plea had been allowed to remain in the case, error in sustaining the demurrer to such plea Is without prejudice to the defendant. and will not work reversal of the judgment
 3. Contract; written contract must be construed by court-In a civil action based upon a written contract, it is the province of the court to construe said contract: and charges which submit to the jury the construction of such contract are erroneous and properly refused.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1903-03-26
ELLIS V. MILLER, Treasurer, etc, ct al. Action upon bond of County Treasurer

ELLIS V MILLER, Treasurer. etc, ct al Action upon bond of County Treasurer,
 Appeal from the Law and Equity e Court of Walker County.
 1. Constitutional law; act providing for payment of witness fees in Walker Coun- ty onsututionaL--The act approved De- cember 7 1900. entitled An act to author fze and require the Commissioners Court of Walker County to set apart and appro- priate money from the general fund of said county with which to pay and dis hereafter issued by the foreman of the grand jury and by the Clerk of the Cir cult or County Court of said county" etc. tional and void as being violative of Sec tion 2, Article " of the Constitution of 1875. which was in force at the time of it's passage.
 Reversed and remanded.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1903-03-26

Twenty-six buggies, carriages, runabouts, etc., ct administratrix's sale of the McManus stock. St
The Montgomery advertiser., 1903-03-26
oDEN V. LOCKWOOD.

ODEN V. LO(h WoOps Bill in equity to establish resulting trust. t.--
 Appeal from the City Court of Bir-
 ningham, in Equity.
 1. Parol trust in land cannot be estab- lished: equity of bill.-A parol trust in land cannot under the statute be estab- lished Code, Section 104l), and bill filed seeking the establishment of a resulting trust in land, which ayers nothing more than a promise on the part of respondent to purchase the land and have title made to the complainant. Is without equi- ty and subject to demurrer 2. Bill for an accounting; demurrer, A bill for an accounting which shows no complications or accounts but only ayers an indebtedness on the part of the re- spondent. is without equity and subject to demurrer.
 Affirmed.
 Opinion by Dowdell. !.
 LONG BROS. Y. JENNINGS. Action to recover statutory penalty -Ap-
 peal from the Law and Equity Court
 of Walker County.
 1. Action to recover statutory penalty
The Montgomery advertiser., 1903-03-26
'aoodwater, Ala. Sept. %. isoa.

Chicago News.
 A Philadelphia man earns living by going around and waking people up at stated hours each morning He Is said to be doing a rousing business.
The Montgomery advertiser., 1903-03-26
pRuMMERs COME IN MAY.
T. P. A. to Meet in Montgomery in
 Convention.

Post 4 of Montgomery of the Travellers Protective Association is arranging for the meeting of the State convention of T. P. As in Montgomery May 7-s
 The Committee on Arrangements from Post has secured the regular coYiven- tion rate over all railroads for delegates to this meeting and the committeeman are now working to have ttIe rate opened to
The Montgomery advertiser., 1903-03-26
How England is Fed.


 The area of land under grain cultiva- ton in England is constantly shrinking. In l90l 1t was 230, 726 acres less than In 1900. Tn either year 1t was about the area of Massachusetts and Connecticut.
 Experts say that British grain Is not so good as the imported. Not so strong is the technical word. The Government is experimenting with devices to improve its quality.
 Practically the United States feeds England. We sent s67.00o.o00 worth in is0i. Argentine dropped more than half from lg00 to 1901. Canada increased lit- tie. but will doubtless increase rapidly for a few years to come.
 Australia and New Zealand have been increasing their duota to the home ap- petite, but Russia supply is falling on fast. -. ,-,- .- Al. . next ten years to receiving as large share of her food from the United States as she has for the last ten years.
 The most striking fact connected with our foreign grain trade is that though we have SO.O06,OOD people of our own. the most prosperous and best fed in the world. we actually export more wheat than we eat ourselves. Fifty-six per cent. goes abroad A per cent. stays at home. Of this enormous export. the biggest share goes to England
The Montgomery advertiser., 1903-03-26
GINGHAMS.

N1lmlted Quaut1ty to cusJom1ysy One case extra quality APRON
 GIN0HAMS .10 yards for 30o One case NO NAME BLEACHING.
 full yard wide, for today 10 yards
 for, .... .... ........ 48c One case Ladies' Bleached GAuzE
 VESTS, silk taped neck and arms holes, for today. ...~~ ..0c eachs 500 dozen Ladies' solid BLACK
 DROP STITCH HOSE, also assorted
 colors, fully worth zoe pair, for.
 today.s.s sec. see. ....s.. luo 50 gross large sizss PEARL BUT
 rows, for shirt waists, for today,
 6 dozen. .... .. ..........1 .12 l-&o
 THE LARGEST
 Err1torOidei-y Sale Ever Known iu Montgomery. 10000 yards EMBROIDERY for
 today. ..,... ..s..~.op 5000 yards EMBRoTDER1Es, with
 Insertions to match, worth lsc, for
 todays..s s.*s s...-~~e101 5000 yards EMBR0fDERTEs, with
 Insertions to match, worth 25 fo
 soc yard, for today........i8c 10000 yards Fine Quality ToRCHoN
 LACE, with Insertions to match,
 for today.... .. .e .....e..0a
 LINEN GOODS 100 dozen fine quality large size LINEN TOWELS. with coI0red borders, for today l0c each. Limited quantity to a customer. 90 dozen extra large size PURE
 LINEN TOWELS, white, also with
 eolored borders, for today. .oae 25 dozen PURE LINEN TOWELS,
 size C94x52 inches, regular T5e
 Towel, for today. .. .'s.... .4ec 26 pieces TABLE DAMAsK, Turkey red, green and pink, fully worth
 AOc yard, for, today. ..... 2Ae 90 pieces Pure Irish Linen TABLE
 DAMAsK, bleached and unbIsach
 ed, for today. ..... ........ 29o SHEETS AND PILLOW CASES. 100 dozen ready made linen finish,
 Bleached Sheets, sise Slx00 inches,
 a regular 75c Sheet. for today 4la 100 dozen Pillow Cases, extra quality size 4Sx36, for today each. 90 'H SKIRTS. A beautiful BROAD olors blue and black. worth fully ..... .... .....s .svss... @6AS dsomsiy trimmed and fully worth ... ...... .....s ......@ .@2.G9
The Montgomery advertiser., 1903-03-26
The Weather Man.

What can a man wear this kind of weather" asked a man yesterday who had ''hummed and hawed' in vain at the cnangeabie weather
 That's easily answered" replied his companion. Cast your eye over my garb. Here l have low quartered shoes, drop stitch hose (pointing to his feet) and a thin white vest which is for warm wealth. CT You will observe that I also have on an overeoat. a wool hat and tolerably heavy suit of clothes to keep out the cold, and for rain. you see I have my umbrella hanging on my arm and pair of rubbers over my low-quortered shoes wear this costume when 1t is warm, thus being prepared for cold. l wear It when the weather is cold, knowing that 1t will be warm before I can change, and when it rains am prepared just the same That question Is easily answered