davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-12-18
STATE SUPREME COURT
SEVERAL MONTGOMERY CASES WERE DECIDED.
Many Opinions and Submissions and Court Will Meet Again Today
 to Complete Call of
 the UIvision.

A number of decisions were handed down yesterday by the Supreme Court of Alabama and many cases were submitted.
 The court did not completo the call ot the Montgomery division yesterday. and adjourned until this morning at 10 o'clock when the call will be finished.
 Several cases from Montgomery. courts were decided yesterday.- l: -.tsz A.lr.
 Opinions were handed down. as follows:
 Mcclellan, (. J.&Rebecca NJ Pollard. ct al, ,vs,, American Freehold Land Mort gage Company of LondeA, Limited. appeal from Montgomery City Court in Equity. Affirmed & 7 sas
 American Freehold Land Mortgage Com pany,. of London, Limited, vs. .Rebecca M. Pollard, ct al. Modified and Affirmed,
 Loveman, Joseph & Loeb, vs. Georse E. Brown. appeal from Birmingham City Court. Reversed and reHanded.
 W. A. Weaver vs.r E. E Eaton. appeal from AutauBa Chancery Court. Affirmed.
 Haralson, J-National Surety Company vs. John s. Mabry; appeal from Birm- ingham City Court. Affirmed.
 Ienatius Pollock ys. H. B. Cfahtn %. appeal from Montgomery City Court. Af- firmed st.
 Henry, Dennis vs. State of Alabama appeal from EImore County Court. Af- flrmed. 's-
 Maggie B. Moore vs. Alabama Nation al Bank. appeal from Jefferson Chancery Court Affirmed. '-
 Birmingham Railway. Light and Power Company, vs Atticus H. Mullen. Affirm ed.
 Tyson, J.-J. D. Myer vs. I: Bloch; appeal from Selma City Court. Affirmed.
 J. c. Haas & O.. vs. Citizens Bank of Byersburg; appeal from Montgomery Cir- c,,E% Cos,rk - E1avaPaAd a nd rem andad
 Martin H. Sullivan vs. Louisville and Nashville Railroad Company: appeal from Montgomery City Court Affirmed.
 State of Alabama vs. Yves Rains; appeal from order of the Probate Judge of Mon- roe County admitting petitioner to bail on habeas corpus. Affirmed.
 Milkin S Co, vs. D. c. Carmichael; ap- peal from Geneva Chancery Court Af- firmed.
 sharpe. J.-western Union Telegraph Company vs. W. c. Crumpton; Appeal from Conecuh Circuit Court. Affirmed.
 Birmingham Auditorium Company vs. Annie Jackson; appeal from Jefferson Cir cult Court. Dismissed by order of appel lant.
 D. c. whitney vs. A. C. Lide, ct al, appeal from Conecuh Chancery Court Affirmed. .-.
 Willis Jenkins. ct al, vs. Jonas Schwab Co.; appeal from Jefferson Chancery Court. Reversed and renanded .
 DowdelI. J.-Mayor and Aldermen of Birmingham. vs. Birmingham Water Works Company Sharpe. J.. not sitting; appeal from Birmingham City Court. Re- versed and remanded.
 E. F. Shafer & O., vs. D. s. Haus- man: appeal from Montgomery City Court. Affirmed.
 Alabama Lumber Company vs. IT. C. Smith. ct al. appeal from Montgomery City Court. Affirmed.
 The case of Pollock against CIahin & Co.,. was a suit on notes; the cases Of shaffer against Hausman and Alabama Lumber Company against Smith were suits on mecnanics' liens. These three cases were affirmed.
The Montgomery advertiser., 1903-12-18
TOOK RouaH-oN-RATs.
Jeff Wohlford Asked to Be Buried ! v Where Found.

Gadsden, Dec. 17.-(Spcciarl- --Jef Wohl- ford, aged about 40 years, was found dead sitting upright beside tree six miles be- low Gadsden. He was last seen alive Wednesday morning, when he told Isaac Gilbert that he would be the last man he would talk to. Gilbert asked where he was going. Wohlford replied, T am go- ing across the river"
 Death was caused Sy dose of rough on-rats. partly used package being found on his person, also a note to John Jones, requesting to be buried exactly where found. Wohlford had been working for Edmond C. Jones for the past ten years and was a valuable man, but bad health had rendered him incapable. He became Respondent and ended his life. Some days ago he made an attempt to end his life but was restrained.
The Montgomery advertiser., 1903-12-18
RAILROAD WON SUIT
SULLIVAN CASE DECIDED BY
 SUPREME COURT.
Estate Not Entitled to Freight Rate Agreement Made With De- ceased Person--A Birming-
 ham License Case.

The suit of Martin H. Sullivan against the Louisville and Nashville Railroad Company was decided yesterday by the Supreme Court in favor of the railroad company.
 Mir. Sullivan was suing to compel com pliance with an alleged contract for per ennial freight rates and for the return of money paid in excess of the preferen- tial rates. The amount involved was quite large. footing up. it is said, sever- al hundred thousand dollars.
 Mir. Sullivan is one of the largest, and one of the best known lumber dealers in the South. He resides in Pensacola, Fla, but Is owner or part owner of some very valuable timber lands and saw mill prop erty in Alabama. He is one of the heirs and the executor of the estate of D. F. Sullivan deceased.
 He claimed that the Louisville and Nashville Railroad Company had entered into an agreement with D. F. Sullivan to give him preferential freight tariffs in the hauling of his lumber. It was claim ed by Mr. Sullivan that the contract for preferential tariffs should have con- tinued after the death of D. F. Sullivan and for his estate.
 The decision of the court was, how ever, against MT. Sullivan. The case came up from the Montgomery City Court. It has been in the courts several years.
 As to City Licenses.
 An important decision bearing upon the licensing powers of municipalities was rendered by the Supreme Court in the suit of the Birmingham Water Company against the City of Birmingham. The
The Montgomery advertiser., 1903-12-18
CAPT. ATKINS f.sa WINS CONTEST Selma Man to Command
 the Cavalry. CAPT. | A. ! c, FORBES LOSES
 -s----s Judge Advocate General De- cides Contest. Holds That Camden onicers Had Right to Vote and Selma ofa- cer Win Be Commissioned
 Major Today.

Capt. V. B. Atkins of Selma, win be commissioned as Major of the Cavalry Sduadron of the Alabama National Guard Governor Jeiks yesterday afternoon gave orders that . commission should be is- sued to Captain Atkins.
 The order was issued after Col. Claude Hamilton. Judge Advocate General, had made a verbal report to the Governor up- on the papers submitted to him hi the contest of Captain Atkinss election, in- stituted by Capt. A. c. Forbes of Mont somery.
 After an examination and consideration of these papers. Colonel Hamilton held that Captain Atkins had legal claim to the matorship of the Cavalry Squad ron. His opinion upon the question at is- sue was submitted verbally to the Gov ernor yesterday afternoon.
 In accordance with the findings of the Judge Advocate General, commission as Major of the Cavalry Squadron will be issued Captain Atkins today.
 Captain Atkins and Captain Forbes were the only contestants in the election for the majorshIp of the Cavalry Squad ron which was held December 1. On the face of tho returns the result was, At kins 9. and Forbes T.. Captain Forbes con- tested the right of the four officers of tho Camden company to vote iIf the election It was claimed that the election at which these officers were selected had not been ordered from the Adjutant Generals of- flce and consequently was not legal. In the presentation of his claims against the legality of the Camden votes Captain Forbes was represented by an attorney. Captain Atkins also had legal assist ance in his resistance of these claims. It was asserted by Captain Atkins that the Camden officers had been serving for years since the alleged irregular election and that they had not only been recog- nized as officers by the Major and the Adjutant of the Cavalry Squadron, but that recognition had been extended them by the Governor, and Adjutant General. It was. claimed. moreover. that the Cam den troop had been ordered out to the practice camp and that the officers and men had responded. It was asserted that their rights to the full privileges of com missioned officers had not been challenged | until after the election.
 These contentious were in effect sus- | tained by the Judge Advocate General His opinion was in effect that the men who had served as officers and discharged the duties of officers and had been recog- nized by all military authorities as offi- cers should be entitled to the privilege of voting.
The Montgomery advertiser., 1903-12-18
decision was incidentally a victory foi

decision was incidentally victory for the city.
 of Birmingham from ievying an addi- tional license Of Seoo upon its business. It was set forth that In 1887 the Water Com pany entered into contract with the city of Birmingham to. supply 1t with water for term of thirty years. Under the contract the water company was to pay an annual license tax of $500.
 The City Council and Mayor of Bir- minghan recently decided to raise this
 license tax from $500 to $1.0oO. This was resisted by the water company, the case finally coming to the Supreme Court. The court found for the city holding that 1t could not delegate its legislative functions, or that one council could not legislate or fix licenses for another council.
The Montgomery advertiser., 1903-12-18
Distributing Ammunition.

Twenty-Five thousand rounds of the multi-cartridges riot ammunition, callbre 30. Rauged at 200 yards for riot use in cities or crowded centers. have been re- ceived by the Adjutant- General and are being distributed to the principal cities of the State to be convenient for use In emergencies This ammunition is the same as the other. except that the charge of powder is not so large and Is effective only at 200 yards.
The Montgomery advertiser., 1903-12-18
TEMPLE TO REOPEN.
Work on the Dome of Beth-or is Completed.


 Completed.
 After a lapse of three months, the beautiful auditorium of Temple Beth.or, corner Clayton and Sayre Streets, will he thrown open to worshppers within It's walls this evening.
 On October 18th the dome of the build- ing. which was dedicated in June, 1903. was found to be defective. It was feared at first that the entire building would have to be remodeled. but careful sur vey indicated that a series of bridge work across the. space would be sufficient to support the weight.
 A steel beam has been put in and the work was completed last night. j-- .og,
 This evening at 7:3O o'clock services will be conducted once more in the spacious auditorium, and Rabbi A. J. Messing will announce the happy news that the larger part of the expense. incurred in the re- pairs, has been raised among the men- bers by free will offerings and without solicitation.
The Montgomery advertiser., 1903-12-18
I Miss Hamilton's Clothing 7aught

Miss Hamilton's Clothing 7aught
 from Open Fire.
 Decatur, Dec. 1f.-(Special)-The It. year-old daughter of MT. Hamilton was burned to death at her home at Slipup. this county. She was standing near the fire place when her skirts were drawn into the fire and ignited. There was no one else at home excepting an s-year-old sis- ter. who attempted to quench the fro by flashing several buckets of water over her sister. sEs
 Despite the efforts of the frightened girls, the flames could not be extinguish- ed and the clothing of the unfortunate girl was entirely consumed. She was frightfuliy burned and lived for, two hours.
The Montgomery advertiser., 1903-12-18
s,,nnlias for tha Third

Adiutant-General Brandon has sent out the ordinance and quaFtermaster sup plies to / all the companies of the 3rd infantrZ and they have new uniforms and tho new Krsg-Jorgensen guns. This delay has been occasioned by the dif- fculties ill the regiment, but they are clearing up and all promises to be serene again soon.
The Montgomery advertiser., 1903-12-18

leagues. He stands out as one of the most prominent figures in Washington, and men of both parties look on him with the deepest reverance and admlra- ton"
 Captain Dimmick was slightly injured in a railway accident at LaGrange, Ga, on his trip to the meeting of the com mittee. but he has practically recovered from his injuries
 Captain Dimmick is clerk of the Unite ! States Court for the Middle District oe Alabama.
The Montgomery advertiser., 1903-12-18
OFFICERS COMMISSIONED.
Adjutant. GeperaI Sending Supplies
 to Military.

to Military.
 Commissions we're issued yesterday hv Adjutant-General Brandon to Col. R. B. duMont and Lieutenant-Colonel G. J. Hubbard of the 1st infantry, Alabama National Guard, and to Major 8. T Westcott of the 1st battalion of artillery. These officers were elected on Decem. Der 1st. The cavalry contest has not yet been decided, the Governor having referred the papers to Judge Advocate General c. E, Hamilton for advice.
The Montgomery advertiser., 1903-12-18

Choice its of all kinds. Fine fresh and salt water Fish for today. Delicious Oysters. Meehan & Morris.
 Phone 20O.
The Montgomery advertiser., 1903-12-18

Have you started to read "La- zarre," the serial story now run ming in The Weekly Advertiserp 1rs a good one. Back numbers, containing first chapters, will be mailed on application. Suhscrip- tton rates to The Weekly Ad. srtiser S1.oO a year, p cents, six months; 25 cents, three months.
The Montgomery advertiser., 1903-12-18

ton at Pekin. China, while Mir. Angeli was United States Minister to that coun- try.
The Montgomery advertiser., 1903-12-18
FIENDs FIGHT FIRElrEN.

Opium-smokers Resist Efforts ts Rescue Them. Portland, Ore. Dec 17.--In Ire in Una Chinese district that caused t7see0 dana.
 age. three Chinese lost their lives. SaS-
 eral Chinese opium smokers fought the
 flFemen who were endeavcrin9 to raAcua athem, not realizing their intent
The Montgomery advertiser., 1903-12-18

Happiness is but another name for per feet health. Uuse Prickly Ash Bitters and be happy. It keeps the vital organs healthy and well regulator:
The Montgomery advertiser., 1903-12-18

New Potatoes, Caulifiower, Leesuce, Celery, Cucumbers, Sweet Mixed Pickles, Sour Kraut, and all kinds of Vegetables at Yelverton's Palace Market, No. 1 court Square. Phone PAT.
The Montgomery advertiser., 1903-12-18

A. c. L. Syndicate Extended.
 New York, Dec. 17.--Announcemept was made today that the Atlantic Coast Line Syndicate has been extended till Febru- ary 2s, lso5. A large majority of the sub- scribers to the syndicate assented to the extension.
The Montgomery advertiser., 1903-12-18
YOUNG WOMAN MEETS DEATH.

Phone 20O.
The daily sentinel., 1903-08-29
Money Turned Over.

The Chamber of Commerce did a
very handsome thing yesterday Feel
ing that no better use could he made of
balance of $96. so which remained in
the hands of Treasurer George \. Cur
rie, from the very successful Fourth
of July celebration. than to turn it
over to the Peach Day celebration ex-
ecutive committee, this net was done
by Treasurer Currie.
The fact that that the Fourth of
July committee had this much money
on hand at the conclusion of their eel
ebration speaks we'll for its financial
management. 1t was a gracious act
and the Peach Day committee, which
has had an up hill pull obtaining
finances to properly conduct the cele
braticn, will fully appreciate the mat.
fer
The daily sentinel., 1903-08-29
Horses Arrived.

A car load of racing horses arrived
in this city last night. from Glenwood
Springs. They come to participate
in the races here Peach week There
were four runners and one trotting
horse in the car. The were Ragalopg.
Life Line. with record that should
make him worth seeing, Marvin and
Branigan. Then there was Miss Will
liams, Charles Dufur's handsome
horse. Most of the horses will be tax
en- to the track, as soon as temporary
quarters can be erected for them.
Several tents and some stabling of
frame has been made ready for the
horses.
Next week string Of good ones
will come from Richardson 5 stable at
Glenwood. They will be Lorinda,
Florinda. Judge Denny and several
others.
Besides these fancy boys there are
several in the city, for instance Doc
Kirk S Circus" s" who is considered a
stem winder locally.
There is every promise of being
some of the best races ever seen in the
city.
The daily sentinel., 1903-08-29
Delegates Elected.

At meeting of the county central
committee of the Democratic party,
held IN the Court house this afternoon
the following delegates to the state
convention We're elected by the mem
bers of the committee. Mayor j. NJ.
Sampliner. Samuel G.. McMullin,
Frank H. Haskell ana Samuel VALID
roup.
The method of selecting the dele
gates 10 the state convention this year
was taken, on the advice of large
number of the party members, to save
the expense of meeting in regular con-
ventiou. there being only one candi-
date to be nominated at the state con-
vention.
The daily sentinel., 1903-08-29
VACCINATION NOTICE

Notice is hereby given thai all
school children before entering school
this Fall shall be required to have
been vaccinated.
All new comers must furnish the
Supt. of the school with certificate
of vaccination or some evidence of the
fact that they have been vaccinated,
before they will be permitted to enter
the school.
By order of the School Board of
School District No. /.
The daily sentinel., 1903-08-29
Delegates Elected.

Members of the Methodist church
will be interested in knowing who
their delegates to the general confer
ence are.
The lay delegates who have been Sc
lected are E. J. Wilcox, of Dever B.
l.. Olds, of Pueblo and Mr.. Shoald.
of Central City.
The ministerial delegates are DR.. H.
E. BuchteI. chancellor of the Method
ist University, Rev X. A Carnine
and DR.. S. H Kirkbride.
The daily sentinel., 1903-08-29

Miss Bird Levan, tho popular clerk
in the Lyons & Son store is home from
visit to Palisades.
Rev Dr. Worthington will fill the
pulpit of the 9th street NJ. E. church
tomrrow at II O'Clock Sunday school
at 10. Epworth League at Z. No
preaching at night.
Mrs @. J. Aldrich, of Guthrie Cen
trei who has been spending some time
in this city, the guest of her nephew,
King Aldrich, of the Lyons & Son
store, left for her home last night af-
ter a most pleasant visit.
Home again: And my dressmaki ing
parlors will be open Sept. 1st Dur
ing my absence have had special
training in dressy gowns. also in
the tailor gowns, in which there are
new and distinct features for the fall
and winter See my plans, am sure
1 can delight you.
N. W. Blaine, Modiste.
The Rev. John W. Hill of Avoca,
Iowa, will preach for the pastor at
the Presbyterian church tomorrow
morning at II O'Clock. Mr.. Hill is
visiting with the family of Rev Dun
lap east of the city. The pastor will
preach in the evening at O'Clock
These services will be specially help
full. Good music will be furnished at
all services. Strangers and all others
will find cordial welcome. Come
and take part
The daily sentinel., 1903-08-29

Miss Bird Levan, tho popular clerk
in the Lyons e. Son store is home from
a visit to Palisades.
The daily sentinel., 1903-08-29
us. DEPARTMENT OF AGRICULTURE
WEATHER BUREAU.

Grand Junction, Colo.
Local observations taken at G
O'Clock, Mountain Time:
Maximum temperature yesterday IS
degrees.
Minimum temperature this motcing
go degrees.
Relative humidity al =. N. yes
terday' 10 per cent. Relative hamid-
ity at 6 a. m. % per Gems
Precipitation during the past p
hours. 900
r. H. SULLIVAN,
Observer. Weather Bureau.
Forecast for Western Colorado.
Generally fair tonight and Sunday {:
warmer.
The daily sentinel., 1903-08-29
LADIES' TAILORING.

Ladies Tailor and fashionable dress
maker. No apprentice help. Prices
reasonable. Mrs. A. N. johnson,
Eighth and Rood street.
The daily sentinel., 1903-08-29
A. A. EARHART
Architect

Plans and specifications ON short
notice. Room No l Second floor
Crawford Block, Grand Junction.
Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1903-10-23
The Average s:an.


The factor which is overlooked by
those who fear the ascendency of any
quixotic notion is the existence of the
average man. This individual is not Il
striking personality, but he holds the
balance of power. Before any eNtrava-
CANT idea can establish itself it must
convert the average man. He is very
susceptible and takes suggestion so
readily that it seems to prophesy the
complete overthrow of the existing or
der of things. But was ever Il conver-
sion absolute? The best theologians
say no. A great deal of the old Adam
is always left over. When the average
man takes up with quiXotic notion.
only so much of it is practically
wrought out as he is able to compre-
bend. The old Adam of common sense
continually asserts itself. The natural
corrective of quixotism is Sancho Pan
zaism. The solemn knight. with his
head full of visionary plans, is follow
ed by squire who is as faithful as
his nature will permit. Sancho has no
world He leaves that sort Of thing to
his master. He has the fatalism which
belongs to ignorant good nature and
the tolerance which is found in easy
going persons who have neither ideals
nor nerves. He has no illusions. though
he has all the credulity Of ignorance
S. NJ Crothers in Atlantic.
Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1903-10-23
One Of Bill Nyc,. Jokes.

When Bill Nye one day happened on
the modest sign Of Major Pond. the
lecturer manager. in window of the
Everett House. in New York, he said
to friend who accompanied him:
Here's the man that incites the lee
turers. Let's 80 in and see If we can't
induce him to lead better life" En-
tering, Nye removed his hat and ran
his hand over the hairless expanse of
his head and after staring about for
a moment said, "rhis is Major Pond.
l believe" "Yes. sir. What can do
for youY" answered the major. II want
to get a job on the PLATFORM" returned
Nye. "Ah. yes." said the major slowly.
"Have you had experienced" well,
I've been before the public for couple
Of years." Eyes? May l ask in what
capacity?" "I've been with Barnum
Sat concealed in the bottom Of cab.
met and exhibited my head as the
largest ostrich egg in captivity"
Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1903-10-23
w. s. HECNAIsT DEAD.
The Well Known Contractor Died Tues
day of F:rights Disease.

The Well Known Contractor Died Tues
day of E:risht's Disease.
Tuesday morning at 3:45 William S.
Heckart, who had the contract for do
ing the grading for Battle Mountain
Sanitarium, died at the Hospital in this
city of Bright's disease. He had been
in poor health for some time but being
a man of indomitable nerve would not
acknowledge, or did not realize. the
seriousness of his condition. 1t was
not until Sunday that he would be
taken to the Hospital. He leaves to
mourn his loss, a wife, three little girls
and an infant boy.
Mr.. Heckart was about 50 years of
age; was born in Maryland, near Balti-
more. His fathers farm and that of
the father of Edwin and John Wilkes
Booth joined, and as consequence MIR.
| Heckart was we'll acquainted with the
assassin of the martyred Lincoln. For
| twenty years Mr.. Heckart was rail
road contractor, during which he had
| lttlSS COilbItClS III hdiyldtlu. New
Mexico, Texas, Arkansas, Montana
Wyoming, South Dakota and other
states. Few men were better or more
favorably known among railroad con
tractors than Mr.. Heckart The re-
mains were taken to Deadwood We'd
nesday, where the family has resided
for several, years. and will be buried
there temporarily, and probably later
will be removed to the Old home in
Maryland. Several friends of the fam
lily came down from Deadwood Tues.
day and accompanied them back TO
that place Wednesday.
The death of Mr.. Heckart will not
affect or delay the work of grading for
the National ssanitarium site, as Il.
Shannon, who has been Mr.. Heckart's
efficient foreman, will push the work
rapidly to completion.