davidaulloa/AmericanStories huggingface dataset:
Der Nordstern. [volume] (St. Cloud, Minn.) 1874-1931, 1903-04-09
5lnln1ulidr.

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The Birmingham age-herald., 1903-03-06
-FPcr 5UCCtsS
 MANY BILLS APPROVED.
Governor JeIks Affixes Signature to a
 Number of New Laws.

Montgomery, March 5.-(Special )-Tbe
 governor today approved the following
 bills:
 H. 44l-For the relief of H. B. Roper of Madison county.
 S. 264-To enlarge the corporate limits of Hefiin.
 H. 5O9-To amend the act regulating the National Guard. Adds an ordinance officer and an inspector of the guard to the staff of colones of infantry. s. 1es-To amend section 1858 of the code. Increases the salary of the private secretary to s2400 H. 525-To authorize the Commissioners court of Blount county to levy a tax for working the public roads and to let out the work by contract. II S7-To amend section 1435 of the code Limits the pay of county treasurers to | 215 per cent of the money paid in and the same amount for that paid out, in no case l to exceed 5000. l H. 407-To validate and ratify the elec- | tion of county commissioners, members | of boards of revenue and county superin- l tendents of education at the last state | election.
 l IT. 554-To exclude from the corporate l limits of Sheffield the plat of land known as the Memphis and Charleston railroad l shops.
 | H. 2S4-To authorize the payment of l money in county treasuries to the state | where such money belongs to the state H. 490-To appropriate s250O to reimburse l Hiliard Jones and Henry Spriggs for | property burned by the state troops in the capture of Henry Reynolds at Tus- | cumbia.
 | H. 216-To provide a clerk for the secre- | tary of state. The clerk has been hitherto provided for in the general appropriation bill. but this cannot be dore under the new constitution. hence an act creating
 the office became necessary. The salary | is fixed at $15O0 s. 99-To amend section 106s of the code Relates to vendors lien. $. 26l-To amend section of the act to establish the City court at Talladega s. S-To amend sections 1727 and TIPS of
 the code. Provides how the owner of land on one side of stream may proceed
 in the erection of dam for water power | purposes.
 s. ld-To amend sections 344s and 344s or the code Relates to the examination of train employees by the railroads. n. 45a-To define the corporate limits of Woodlawn. H. 16-To amend the act regulating inc school district at Cullman.
The Birmingham age-herald., 1903-03-06
PRATT CITY.
Miss Jesse Hixon Dies After a Long
 llness-other News.

Pratt City, March 5. - (Special.) = Miss Jesse Hixon. who has been critically i'll for some time, died at 12:SO o'clock this afternoon at the home of her parents on East Highlands The funeral will be conducted from the Southern Methodist church at 2 o'clock tomorrow afternoon by Rev. MT. Foust.
 MT. and Mrs. J. E. Wood will entertain at a "box party on Thursday evening. March 12, for the benefit of the Baptist church.
 MT. and Mrs. Bradley Gale arrived in the city this afternoon and will remain for several days with pr. T. T. Thaxton.
 Frank Pon of Rockrun, Ala, is in the city looking after his financial interests here. He has sold his East Highland property to MT. Milton.
 Lieutenant Governor Cunningham was in the city today shaking hands with friends.
 MT. and Mrs. T. s. Abernathy enter tained a few friends at finch last even ing in a very pleasant manner
 Mrs. Joe Brown, who has been the guest of her brother, MT. Charles De Lacee, for several weeks, left today for her home in Texas.
 The Knights of Pythias advanced three candidates to the rank of page at their regular meeting last evening.
 The Rev. Thomas Maxim has purchased the property at the rear of the Methodist church on Third avenue and will occupy 1t as d residence.
 Mrs. Swain will leave next week for Tracy City, where she will reside In the future.
 MT. Shannon and Miss Mary Swain of Carbon Hill visited in the city yesterday.
The Birmingham age-herald., 1903-03-06
TALLADEGA
Small Commercial Failure at Syla-
 cauea-Other News of Interest.

Talladega, March 5.-(SpeciaL) )-There was small commercial failure at Syla- cauga yesterday that of Sailors & Doug lass, groeers; liabilities $100O assets $35O. The landlord is in possession of the stock under lien for rent.
 Excavation for the power dam of the Taladega company at Jackson Shoals will begin April 15.
 Four hackloads of prospectors for min erals are now in the woods south of here on .Taladega creek
 Sixteen white and twenty-one colored couples were married here during the month of February.
 Only forty-four negroes in Talladega county have paid poll tax for the year 1902 Eleven hundred and twenty white men have qualified themselves as voters by depositng with the tax col lector the necessary $1.50 for poll tax. Predicated on these figures the maximum vote of the county on the dispensary is- sue. which is to be voted on in August, will not exceed twenty-five hundred.
 Work on refining the Talladega furnace is embarrassingly delayed because of in- ability to get fire brick. Of the three cars of fire brick shipped, one was caught in a freight wreck, and the other two are tied up in the freight yards in Cin- cinnati The furnace company has made every effort to expedite the shipment of the brick, going to the expense. of send ing man to the shipping point to con voy the freight
 A magnificent bed of chert has been found on the spur track of the B. and A. railroad leading to the Wysinger ore beds.
 The chert is clear of mud, light in color and quite near the roadbed. The city will probably use large quantities of it in the early spring. The bed is located on the lands of the Bishop estate.
The Birmingham age-herald., 1903-03-06
BESSEMER TO GET
 LARGE INDUSTRY
IRON PLANT TO BE BUILT AT AN EARLY DATE, BUT AS YET PRO- MoTERs WILL NOT DISCLOSE DETAILS.

Bessemer. March 5.-(Speeial.)-It is rumored that a big industry representing an expenditure of several hundred thous and dollars is to be located here in the near future, though those interested state that they are not yet ready to talk for publication. It is known that 1t Is an iron industry and that there is ample backing behind the project.
 The annual election of officers of the Woman's Foreign Missionary society took place at the First Methodist church this afternoon Mrs. w. J. Long was elected president. thls being the twelfth consecutive year that she has served in this capacity. The other officers elect ed were Mrs. J. L. Britain. vice presl- dent; Mrs. T. J. Bissett. second vice president; Mrs. John c. Perry, recording secretary; Mrs. G. A. Gillett, correspond ing secretary; Mrs. A. A. Randle, treasurer; Mrs. Augusta Robertson, li- brarian. Mrs. J. L. Britain was elected lady manager of the Juvenile Missionary society. A feature of the work for the coming year will be a round table, to be held the third Thursday in every month at the parsonage.
 Miss Virginia Waller entertained the Young Ladies club at progressive ana grams this afternoon at the residence of her sister, Mrs. Dunlap Miss Waller was assisted in receiving by her mother, Mrs Waller, and by Mrs. Dunlap There was a large attendance of members and of invited guests. The prize, a handsome piece of silver, was won by Mrs Joe H. Read, the booby falling to Miss Annie Walker. A buffet luncheon of salads, ices and cakes was served. On Saturday Mrs. T. J. Cornwell will entertain the club in honor of Miss Hattie Brannon, and next week the club will be entertain ed by Miss Lena Mlngea.
 Miss Annie Walker of Jacksonville, Fla, who has been the guest of Miss Louise Fuller for some weeks, leaves tomorrow for Gainesville, where she will visit relatives.
 Parties are negotiating for the rental of the Grand hotel, and it is believed the trade will go through. If so, the hotel will be reopened at an early date.
The Birmingham age-herald., 1903-03-06
pr. ". E. B. Davis.

His father, a distinguished confederate officer gave his life for the cause of states rights at Petersburg, Va. this son gave his life for the welfare of suf- fering humanity; each in his way display ed the martyrdomic spirit. True heroism links the father and the son; each honors the other. Life Is not measured by years. but by character frultened in noble deeds. Life derives it's value from use alone" Dr. Davis lived long, because he lived well; he yet lives, for
 "To live in hearts we leave behind
 Is not to die"
 pr. Davis was born physician, a medi- cal genius. Few men have wrought so much and so well within so short a time. His prolific mind was ever making con- tributions to his profession, which won the praise and enlarged the usefulness of his medical brethren In America and in England. As professor, essayist and au- thor of books his influence. extensive and established, will more and more demonstrate the rare originality and ex eellence of his lifework. His service was not only extensive, 1t was intensive His studies never paralized his skill; his fame tSfVi ioSSSHSu HIS ueNOIOH IT nlS circum- ference grew, he was still poised at home. his centre of practical service to his fel . lowbeings. As faithful practitioner he was marked by enthusiasm, trustworthi- ness and knd-heartedness His heart pulsed with fixed aim to help the helm less, to quench the pain that Is the fore runner of death, to lessen both the suf- fering and sorrow of all classes of society The philanthropy and beneficence of pr Davis animate the college, the hospitals and the sanatarium of the city of Bir- r.ingham. The homes of the rich and the poor as well. made glad by his pres ence and sad by his absence, will ever cherish him as ''the beloved physician. |" As Luke to Paul, Dr. Davis was botb companion and physician to the minister of the Gospel. In him there mingled A. breadth and warmth which declared inc sincere friend and Christian.
 As a personal friend l would make bts memory ever green. He gave me cheer and strength. and ever turned to me the palm of his hand, and the insight of his manly nature recognized in me medical brother and ally who was conscientiousIv striving to do the very work he was do ing. May the time be not far distant when chair in the Medical college and q hos pital in the city shall bear his honorable and honored name! Farewell, my friendi
 Remember thee?
 Ay ' while memory holds seat
 In this distracted globe"
 HOWELL B. GWIN
 Birmingham, March ,, Iovo.
The Birmingham age-herald., 1903-03-06
STATE APPOINTMENTS.
Governor Jelks Makes a Number of
 Applicants Happy.

Montgomery, March 5.-(SpeciaL) = The governor today mNde the following ap- pointments:
 Morgan-D. B. Morrow, to be notary public and justice of the peace in Beat |. at Decatur; w. B. Lindsey to be notary public nd justice of the peace in Beat 10 at Hartselle.
 Cherokee-J. w. Bagley to be justice of the peace in Beat 21, at Taf; J. A. Farrow to be notary public and justice of the peace in Beat IS. at Jamestown.
 Dallas-Julien Smith to be notary at Selma.
 Marion-E. L. Carthell to be constable in Beat 2
 DeKalb-W J. Day to be a notary at Mahan.
The Birmingham age-herald., 1903-03-06
FUNERAL NOTICE.

Friends and acquaintances of MT. and Mrs. James Mcdonald, Samuel J., Fred and Irving Mcdonald, Mrs. E. L. Wis hart, Messrs. Robert and Samuel T. Stephens, are invited to attend the funeral of Mrs. James Mcdonald from the family residence. Sixty-first street, N,oodlawn. today (Frday) 10 a. m. The Rev. James G. Snedicor will conduct the service h. terment at Woodawn cemetery. Pallbear- CTS: D. c. Buckshaw, Nat L. Mewbinnev H. J. Davis, F. L. Bivings, w. c. Scott. R. G. McCarty, M. T. Stratford and e. Veitch.
The Birmingham age-herald., 1903-03-06
Montgomery Will Erect m,st

Montgomery. March B. (Special) = Workmen are busy today getting the tackle ready for the erection of the mast or the Don. Juan de Austria. which has been lying on the capitol grounds neglect ed for so many months. The state bas consistently refused to touch it, and the expense is being borne by the patriotic citizens of Montgomery.
The Birmingham age-herald., 1903-03-06
Mre. wInslow,s soothirc ev

the best remedy for DIARRHOEA. Sold by druggists in every part of the world. Be sure and ask for Mrs Winslow.. Soothing Syrup. and take no other kind Has been used for over FIFTY YEARS by MILLIONS of MOTHERS for tLetr CHILDREN WHILE TEETHING. win PERFECT SUCCESS. 1t SOOTHs inc CHILD. SOFTENS the GUMS. ALLAYS all PAIN. CURES WIND COLO. ard i, twenty-five cents bottle.
The Birmingham age-herald., 1903-03-06
(W. r. Lohnes.)
 431a West High Street.

The
  sing cases
  arc 
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  Bngamon be 
  
  Kmers swamp-oo and the address Bnhamn
The Birmingham age-herald., 1903-03-06
Explosion in Vault.

Montgomery. March 5.-(SpeciaD-Whe w. l.. Campbell paying teller at the Farley National bank, opened the vault this morning he struck a match and an explosion followed which seriously in- jured him. Investigation as to the cause showed that the gas jet inside the vault was on,- and it is supposed it was left turned on by workmen who yesterday tested the fixtures.
The Birmingham age-herald., 1903-03-06

dwellings at a defined price per annum, without regard to quantity or measure ment, a two-story frame dwelling of ten rooms, which is occupied by the owner and her family, is dwelling under the provisions of such contract. and the fact that six or seven boarders live in the house, and a few others take meals there, does not destroy its character a dwelling under the provisions of saio contract so as to authorize the water company to charge meter rates for the water used by the occupant
 Affirmed. Opinion by Sharpe, J.
 Louisville and Nashville Railroad Com
 pany vs. Characterization Against Com
 mon Carrier-Appeal From the Circuit
 Court of Bibb
 2l Pleading and Practice; When Ruling upon Demurrer to Plea Presumed to be Waived.-When judgment entry recites that the plaintiffs demurrer to defend ants plea was sustained by the court, but the record also shows that the plain tin filed replication to said special plea and that the demurrer was interposed to this replication, which overruled by the court, in order to reconcile the apparent conflict, it will be presumed on appeal that the plaintiff waived the benefit of the courts action on his demurrer to the plea; therefore, no injury results to the defendant from such ruling of the trial court in sustaining the demurrer
 ?. Action Against Common Carrier, Suf- ficiency of Replication to Special Plea In an action against a common carrier to recover damages for the failure to de- liver goods shipped over it's line, where the defendant sets up by special plea that as part of the contract of ship ment, it was stipulated that no carrier should be liable for any loss or damage by fire from any cause, and that the freight shipped over the defendants line involved In this suit was destroyed by fire in the depot of the defendant and that said fire occurred without fault or negligence on the part of the defendant, replication filed by the plaintiff to said plea, which alleges that the place of destination of the plaintin freight was, at the time of said fire, town of more than POGO population, and had a dail'' mail service, and that neither the de- fendant nor it's agent notified the plain tiff of the arrival of said freight with in twenty-four hours after it's arrival, either by notice or by mail, as Is required by law, presents no answer to said plea, and is therefore. demurrable.
 3. Evidence Proof of Population.-It Is competent to prove the population of a town by any witness having knowledge of the fact.
 4. Common Carrier; Construction of Statute Absolving from Liability.-The statute which provides that a common carrier if the place of destination of freight is a city or town having 2O00 in- habitants or more and daily mail, is not relieved from liability as a common carrier, by reason of the storage of freight in it's depot, unless, within twen- ty-four hours after the arrival of said freight nOfiCo fu ,,it, ool signee personally or through the mail, Code, paragraph 4224, makes no dis tinction between towns and cities incor- porated and those not incorporated
 Reversed and remanded. Opinion by Dowdell, J.
The Birmingham age-herald., 1903-03-06
All kinds of cuts. Age Herald En graving Department.

Loop cars turn back at 5th avenue and goth street from 5:3O to 700 p. m. daily. ax cept Sunday.
The Birmingham age-herald., 1903-03-06

Marks vs. The state Proceedings to
 Amend Judgment Nunc Pro Tune. Ap-
 peal from the City Court of Bessemer.
 l. Amendment of Judgment Nunc Pro Tune; When Properly Allowed Where the clerk of court in entering a judg- ment of conviction upon the minutes of the court omits therefrom a formal ad- Indication by the court of the guilt of the defendant, and the entries by the judge on the trial docket show a finding of the defendant guilty and the assess ment of a fine, such judgment may be amended nunc pro tune at a subseuuent term or the court so as to make it con- tain formal adjudication of the defend. ants guilt.
 Affirmed. Opinion by Tyson, J.
The Birmingham age-herald., 1903-03-06

Pearson vs. Heard. Action upon promis-
 sorry note. Appeal from the Circuit
 court of Tallapoosa.
 1. Abatement of Purchase Money Where contract for the safe of land Is not for the sale of a specific quantity Of land but for the sale of a particular tract or designated parcel by description, giv- ing grade boundaries thereof, and is for the sale in gross and not at price per acre. and the transaction Is bona f1de, a mistake as to the quantity of land will not entitle the purchaser to an abate- ment of the purchase money, and con stitutes no ground for the rescission of the contract.
 9 Same.-Where lands contracted to be sold are described by giving the number of acres, which is followed by the desiS- nation of the line on each side as ind!- cated by adjacent lands. and the price paid is a gross sum, the words specifying the quantity are mere matters of descrip ton and do not constitute a covenant warranting the quantity and a purchaser is not entitled to an abatement of the purchase price by reason of there not be- ing as many acfes of land as were so de- scribed Affirmed Opinion by Haral- son, J.
The Birmingham age-herald., 1903-03-06

F lowing SPRINGFIELD
 Sprngf Ohio Fb 2  o x Go N Y fol a ng
  
  
  in cam in of
The Birmingham age-herald., 1903-03-06
Col. M. c. Murphy Dead.

New York, March 5.-Col M. C.. Murphy, commissioner of police under the last democratic administration, is dead.
The Birmingham age-herald., 1903-03-06
Opinions Rendered
 By Supreme Court

Hewlett vs the state. Prosecution for as-
 sault and battery. Appeal from the
 County court of Cnllman.
 1. Plea in Abatement; Sufficient Proof of Defendants Name.-A complaint charged that "A. E. Hewlett assaulted am other person." The defendant pleaded in abatement that his name was Augustin Elzy Hewlett or Gus Hewlett, and that he has always been known or called by his name Augustin or Gus. and that his name is not A. F. Hewlett, as charged in said complaint" The state took issue on this plea. The evidence showed that Augustin Elzy Hewlett was the defend- ants name; that he was sometimes called "Augustin," but generally called Gus" and that he was never known or called by the name "A. E. Held: That the plea of the defendant was proved, and upon such issue it was error for the court to instruct the jury that if they believed from the evidence that the de- fendant was known by the name "A E. Hewlett as much as Gus Hewlett then the verdict must be for the state Re- versed and remanded. Opinion by McClel- Ian, c. J.
The Birmingham age-herald., 1903-03-06

Birmingham Water Works Company vs. Truss-Action by Water Company to Recover for Use of Water-Appeal from the City Court of Birmingham.
 1. Construction of Contract of Water Company; What Constitutes Dwelling Where under contract with a city, a water company is required to give "do- mestic rates for water furnished to
The Birmingham age-herald., 1903-03-06
Reese vs. the State-Indi der-An meal from the

der-Appeal from the Circuit Court of
 Lowndes.
 l. Homicide; When Self-Defense Can not be Invoked.--The necessity which will excuse the taking or life must have been produced by the wrongful act of the slayer; and if by his acts or conduct he shows a willingness to enter the con fiict, or if by his acts he invites it, the slayer is held to have produced the ne- cessity for the homicide and cannot in- yoke the doctrine of self-defense.
 Affirmed. Apinion by Tyson, J.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1903-07-03

caived letter which caused her some
surprise and considerable amusement.
1t was dated from next door, and was
handed in by the red-headed page after
breakfast.
Dear Miss Ida," began this curious
document, and then relapsed suddenly
into the third person. Mr.. Charles
Westmacott hopes that he may have
the pleasure of a ride with Miss Ida
Walker upon his tandem tricycle.. Mr..
Charles Westmacott will bring it round
in half an hour. You in front. Yours
very truly. Charles Westmacott." The
whole was written in a large, loose
jointed and schoolboyish hand, very
thin on the up strokes and thick on the
down, as though care and pains had
gone to the fashioning of it.
Strange as was the form, the mean
ing was clear enough; so Ida FASTENED
to her room, and had hardly slipped on
her light grey cycling dress when she
saw the tandem with its large occupant
at the door, He handed her up to her
saddle with more solemn and thought
full face than was usual with him, and
a few moments later they were flying
along the beautiful. smooth suburban
rOauS IN the direction Ol rOreSI HILL
Aren't you tired ?,she asked. glanc-
ing over her shoulder and turning to-
wards him a little pink ear, a fluffy
golden curl, and one blue eye twinkling
from the very corner of it's lid
mot a Bit 1 am just getting my
swing
isn't 1t wonderful to be strong? You
always remind me of steam engine"
why a steam engine?"
well, because it is so powerful and
and unreasoning. Well I didn't
mean that last, you know, but-but-
you know what 1 mean. What Is the
matter with your
''Why?"
Because you have something on your |
mind You have not laughed once"
He broke into a gruesome laugh. II
am o-,ite jolly" said he.