davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-08-27
GRAVEL PIT AGAIN
WILL BE LIVE WIRE AT NEXT
 COUNCIL MEETING.
Alderman Roeder Will Insist on Purchase of Carter Property. Mayor Considers Removal
 of Two Officials.

When the Montgomery City Council meets in regular session the first Tues day evening in September the purchase of a gravel pit for the city will be a lively subject of discussion.
 Alderman Paul Roeder, who was chair man of the select committee which re- commended the purchase of the pit of J. c. Carter, said yesterday that his committee would insist on the CouncA affirming the purchase of this gravel pit.
 We have recommended the Carter gravel pit" said Alderman Roeder, and did it after the fullest and most thor ough investigation. My views as to the desirability of purchasing this particular gavel pit have not been altered by the recent investigation. Throughout the ne- gotiations for the purchase MT. Carter accorded the committee every facility and discussed his property with the utmost candor. l have a high regard for him. But one other pit was considered equal to that of MT. Carter. and this other pit is ten miles from the city and not &C., cessibIe to a railroad. If 1t becomes nec- essary I will suggest that an expert be employed to make a report on the Carter gravel pit. For myself I am satisfied. Each one of the Aldermen have visited the pit and they should know what 1t is.
 Aldermen Hartley and Haygood were members of the original committee ap-
 
 pit The committee was subsequently in creased in numbers when Aldermen Kohn, Fleming and Rushton were added The majority report recommending the Carter gravel pit was signed by Alder men Roeder. Haygood. Hartley and Fleming. Aldermen Kohn and Rushton submitted a minority report.
 Alderman Roeder said yesterday that Alderman Rushton expressed himself as satisfied with the pit but opposed re- commendation on account of It's price. Alderman Kohn favored another pit. Counsel for MT. Carter rendered Mayor Joseph a deed to the gravel pit after the resolution was adopted by the Council, but the Mayor declined to accept 1t owing to the fact that the Council had recalled the resolution from the Mayor.
 The matter will come up in the Coun- cil at the next meeting on a motion to reconsider the vote by which the resolu- tion' was recalled from the Mayor. In view of street rumors Mayor Joseph was asked yesterday if D. w. Ford, City Engineer, and A. c. Jones, Superlntend- ent of Streets. would be removed from office on account of their alleged con- nection with the purchase of the gravel pit.
 The Mayor replied that he had not yet reviewed the testimony before the inves- tigating committee as carefully as he de- sired and until he had done so no action would be taken.
The Montgomery advertiser., 1903-08-27

LOUISVILLE & NASHVILLE RAIL
 ROAD co. ". DUNCAN & ORR.
 Action Against Railroad Company as
 Common ,Carrier.-Appeal from Cir
 cult Court of Jefferson
 1. Pleading and practice; when com plaint fails to state cause of action by feason of alternate averments.-A com plaint which contains alternate aver ments of the existence of one, or. if not khat one then of another, of two entirely distinct and different causes of action against the defendant in distinct and different capacities, Is not the alterna- five ayerment of either of the causes of action referred to, and therefore fails 10 aver any cause of action whatever.
 2. Same; same; action, against common earriers4 Irkn an action sagainst. a railroad combany as. a common carrier. com plaint which ayers that the plaintiff de- Myered to the defendant a lot of horses and mules to be carried to a certain des- lgnated place of destination, that defend- ant Accepted said stock and it became and was its duty to carry said stock with reasonable speed to said place or destination, "or with reasonable speed to deliver said stock to one ofuits connec- lions which could carry said stock with all reasonable speed to said" place of des- aination but notwithstanding said duty khe defendant delivered said stock to Rhats one of It's connections that had a hong and circuitous route to said place of destination instead of that one which had shorter and more direct route thereto, "or instead of carrying said stock itself to said'' place of destination, and by reason thereof the said stock was injured, does not. state cause of action ,t- .ae. '.., r-r
 3. Common carrier; duty of common carrier when connecting route refuses to nccept shipment.-Where a railroad com pany accepts stock for shipment to point not on its line of road which is to be carried to its place of destination over connecting lines. and by the terms of Ghe contract of shipment the defendant was to transport the stock to point along its line and there deliver 1t to a connecting carrier for transportation to the place of destination, if. upon the stock arriving at the place on the ac- cepting carriers line where it was to be delivered to the connecting carrier. the connecting carrier having the most direct route for transportation at said point to the place of destination refuses to accept 1t for carriage thereto. 1t is then the ac- cepting carriers duty to give notice of that fact to the constgnors in order that
The Montgomery advertiser., 1903-08-27
assume the form of an original suit.

assume the form of an original suit.
 g. Petition for enforcement of attor- ney's lien for payment of fee; when in- sufficient.-when a petition filed by at torneys seeking to enforce lien in their favor for a fee alleged to be due them from the complainant in suit in which the petition was filed, ayers simply an employment of the petitioners as attor- neys, the rendition of services the collec- ton of money under a final decree, pay ment of a portion of the sum collected to their client without any statement Of account or other settlement, the lapse or a year and a suit at law by the client against the petitioners to recover DOT ton of the sum retained by them, and there is averred no disclosure of the set- clement to be repudiated by the client. nor any agreement, express or implied, for the retention by petitioners of the sum not paid over by them, nor any ad- justment or agreement as to the fee to be paid for their services, except the im- piled contract that reasonable compensa- ton should be allowed, such petition can not be maintained, as it is insufficient to authorize a court of chancery to exercise it's Jurisdiction.
 Reversed and rendered.
 Opinion by Tyson. J.
The Montgomery advertiser., 1903-08-27
GEORGIA HOME INo U RANGE co. V
 ROYKIN

Action of Assumpsit.-Appeal from City
 Court of Montgomery.
 1. Contract to pay debt Uf another when cannot be rescinded for fraud or part of third party.-Where fin written contract there Is a promise by one of the parties to pay the debt due and owing to the other from a third person. and this forms a part of the consideration of the contract and Is consented to, and such third person Is relieved from his obliga. ton, the rights of the parties become fixed and the person making such prom ise cannot. without the others concur renee, rescind said contract for any fraud or misrepresentation practiced up on him by said third person.
 2. Fire insurance company; what con- stitutes transacting business.-The stat utes as contained in the code of 1886 requiring fire insurance companies to pay a certain amount into the treasury of the State before transacting business in this State '(Code 1SS6 sections 1199-120D, ex- tend only to dealings between the fire in surance company and those whom it may insure, and do not include transactions between fire insurance company and their agents by which they attempt to secure or collect from such agents debts due them.
 3. Same; Same.-The fact that a for eign fire insurance company had not taken out a license to transact business of insurance in this State as required by the statute as contained in the code of 1886. does not prevent the agent of said company who had collected premiums of insurance due during such period, from being legally indebted to said insurance company, and such claim on the part of the company against its agent can be en- forced; said agent in collecting the pre- miums therefor acted for the company, and the money when paid having been paid for the company's use.
 f. Action by insurance company: suf- ficiency of plea.-In an action by an in surance company to recover money due 1t from premiums collected by its agents, a plea setting up that said company did not pay a tax and procure a license in January as required by statute, does not show that said company was not entitled to transact business in and after March of that year, which was the time the claim against defendant accrued and therefore pleas setting up such facts without further denying that the plain tiff had in March taken out and pro- cured a license. Is insufficient as a de- fense and subject to demurrer.
 Reversed and rendered.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1903-08-27
RANKIN MFG. co. EFT AL. V. BISHOP
 EFT AL.

RANKIN MFG. co. EFT AL. V. BlSttOF
 EFT AL.
 Statutory Action of Ejectment.-Appeal
 from Circuit Court of Barbour.
 1. Registration of deeds; notice; when creditor not protected against unregis- tered conveyance.-Actual notice of a transfer of land is as effective as against subsequent purchasers as is the registra- ton of the instrument effecting the transfer under the statutes; Code, sec ton 1005); and notice of facts which ought to put such purchasers on inquiry which, if pursued with proper diligence, would lead to knowledge of the transfer is equivalent to actual notice, and there fore as a general rule actual, visible and exclusive possession taken and held un- der an unrecorded conveyance supplied the place of registration as against cred itors and subsequent purchasers.
 g. Same; same; same; case at bar.- Where after the execution of a convey ance by a husband to his wife of an undivided one-third interest fin land, cred itors of the husband file a bill seeking to have said conveyance declared fraudu- lent and said interest in the land subject ed to the payment of the husbands debts and the wife in answering said bill dis claims all interest in the property, but makes no suggestion as to who had the title thereto, and the husband adopts the disclaimer in his answer to the bill and under a decree of the court. declar- ing said conveyance void. said interest is sold and the compliments become the purchasers. as against such purchasers deed from said wife to a third person conveying the undivided one-third inter- est acquired from her husband. and dated long prior to the rendition of the decree of sale, but which was not recorded until after said decree, but under which the grantee went into open. visible and ex- elusive possession prior thereto, is not void under the provision of the statute regulating the registration of deeds Code section 1OO5); the disclaimer in the chancery suit and the possession of the grantee under the wife's deed being suf- ffcient notice to take away from the pur- chaser at the judicial sale the protection of bona fide purchaser for a valuable
 Affirmed.
 Opinion by Sharpe, !.
The Montgomery advertiser., 1903-08-27
GERMAN V. BROWNE EFT AL

Petition in Chancery to Enforce a Lien
 in Favor of Attorneys for Fee.-Ap-
 peal from Chancery Court of Shelby. 1. Petition in chancery suit; sufficiency of averments.-A petition, seeking relief in a chancery court, like an original bill must contain within itself sufficient mat ter of fact to authorize relief to the peti- tioners, and the averments must be di- rect and not by way of inferences of one fact from another.
 2. Same; how petition considered Unless the matter of the petition filed in chancery court arises in a pending cause or concerns some matter over which the court has some special author ty or jurisdiction, the litigation must
The Montgomery advertiser., 1903-08-27

The secret visit of the Russian squadron to Turkish water was much commented upon at the meeting. It was described as "a moment of sunshine which quickly passed" The speakers impassionately appealed for the immediate intervention of the powers in Macedonia, declaring that if pouring out of blood in Macedonia continues another fortnight Europe would ind nobody there to save.
 The Bulgarian ministers were urged not to stand by while their brethren were dy ing in Macedonia.
 The gathering was the largest yet held. Most of the shops were closed during the meeting as mark of sympathy with its objects.
The Montgomery advertiser., 1903-08-27
Another Burglary Reported,

Charles F. Toenes, a merchant. doing business and residing at the intersection of Davis Avenue and Marmotte Streets. reports that at an early hour this morn ing some one attempted to enter his resi- dence. The man was found prowling in the yard and was frightened off. This is but one of many such reports recently made at police headquarters and strenu- ous efforts will be made to capture all midnight prowlers by the department.
The Montgomery advertiser., 1903-08-27
Damage by Fire.

Shortly after o'clock this morning fire was discovered in the second floor of the s. J. Russell building, south west corner of Dauphin and Jackson Streets. Box a was pulled and the Fire Department responded. The trouble was located in a bath room on the second floor and was confined to this particular quarter and there extinguished. The second floor is occupied by O. S. Fur pin, who could not account for the blaze. The bath room was completely gutted, and the goods on the ground floor were somewhat damaged by water.
The Montgomery advertiser., 1903-08-27
Ladies Insulted.

Mrs Lavenhouse and Mrs. Pratt, living at 726 South Hamilton Street reported to police headquarters this morning that at n:45 o'clock last night, while on the sidewalk in front of their home they were grossly insulted by a white man. A good description of the man is in the possession of Chief Case and he hopes, through his detectives to apprehend and bring to justice the guilty man.
The Montgomery advertiser., 1903-08-27

highly esteemed woman of Lowndesboro, took place here today. She was a con- scientious member. of the Presbyterian Church. and the, services were conducted by Rev. NJ. A. Hood. The pall-bearers were Messrs. Reese McCurdy, Dorin Hall, George Meadows.' l.. H. McCurdyr and J. A.. Reese. Mrs. Powell was the widow of Joseph w. Powell. She leaves two sons.
The Montgomery advertiser., 1903-08-27
A Warm Campaign.

Although the election of county off, cers Is more than a year away candi- dates are already in the field. putting in plugs at every opportunity. For one of- flee alone there are already half dozen candidates with possibaK more to hear from It is expected that the coming primary will be the warmest proposition yet encountered in the political history of Mobile County.
The Montgomery advertiser., 1903-08-27
Ia Still at Lihartu.

A short time ago. in the northern part of the city. Charley Pope. a negro, shot Laura Williams, negress,, in the stomach, the woman dying, after a few days suffering, from the wound. Pope escaped and has been eagerly sought by the police and sherivalty departments Last night it was tpiped off to the sheriff's office that Pope was in the neighborhood of his home. Jackson and Poe Streets and Deputies Patch, Tom Powers and Norton made visit to that vicinity. These were augmented by a number of negroes, armed with guns and a vigilant search made of the neighborhood for the mur- derer, but without results. Every pos sible effort will be made to apprehend the negro. who has an unenviable repu- tation.
The Montgomery advertiser., 1903-08-27
Held on serions Charge.

Jackson Barnewall a negro Is in the city prison on a serious charge. Last night he entered the home of David B.. Rasberry on Bayou and Montgomery Streets. He was seen by Mrs. Rasberry who screamed.
 Her husband and nelghbors ran in and Mir. Rasberry grappled the negro. In attempting to aid the white man, J.. J. Cassidy felled the negro with his fist. breaking his hand. Barnewall only yes- terday was released from the city prison.
The Montgomery advertiser., 1903-08-27
The Powers Will Be Urged to Take
 Some Action.

Sofia, Aug. 26.-An immense mass meet ing of Macedonians took place here to- day. The proceedings were most enthu- siastic. It was resolved that memo randum should be presented to the repre- sentatives of the great powers at Sofia. urging their governments to take action.
The Montgomery advertiser., 1903-08-27
BREWING IN sERv1A
King Peter suppressing Plots With
 Iron Hand.

London, Aug. 27.-The Daily Mails cor respondent at Belgrade says King Peter is determined to suppress the military malcontents with An iron hand. On Tues day three army colonels two captains and a newspaper editor were condemned to death for participating in plot which was discovered and rendered abortive. Despite this. however. says the corre- spondent, the King is obviously in the hands of the recent reg'cides. who are causing a reign of terror.
The Montgomery advertiser., 1903-08-27
Work Among Lepers.

Syracuse, N Y.. Aug. 76.-Sister Beata of Louisville, Ky, Is at the Franciscan Convent in this city. making prepara- tions to accompany Siste, Mary Leonida to the Sandwich Islands where they will work among the lepers
The Montgomery advertiser., 1903-08-27
Mrs. Robinson,s Remains.

The remains of Mrs E. A. Robinson, a former Mobilean were brought here at noon and inferred in Magnolia Cemetery. The deceased has many relatives here.
The Montgomery advertiser., 1903-08-27

Mrs. L. Brewer and Misses Olive and Ethel Brewer have returned from the Seashore Camp Grounds. where they spent a very charming time.
The Montgomery advertiser., 1903-08-27

Misses Winston and Elise Jones of Selma. are spending a few days in the city with Miss Lillie Higley. on their way home from Bay St. Louis, where they have been visiting Mrs. Wilbur Brown,
The Montgomery advertiser., 1903-08-27

Douglass Boyd. a prominent banker oi Griffin. Ga.. spent yesterday in Mobile or a business trip and was a guest at the Bienville.
The Montgomery advertiser., 1903-08-27

Mir. and Mrs. F. l.. Babcock and Miss Maude E. Babcock of Magnolia Springs. Baldwin County. are stopping at the Bienville today.
The Montgomery advertiser., 1903-08-27

Department. was called to Bon secour this afternoon on account of the serious Illness of his youngest son. Matt Sloan. Mir. Price expects to bring the invalid and other members of his family home with him.
The Montgomery advertiser., 1903-08-27
Wall Paper.

Just received a large ship ment of we'll selected Wall Paper for the Fall Trade at Rock Bottom Prices. Now is the time to have your work done before the rush comes.
 My Prices are the Lowest.
The Montgomery advertiser., 1903-08-27

Misses Bertha Sassaman and Lillie Langan have returned to the city after a very delightful visit to friends at For tersville.
The Montgomery advertiser., 1903-08-27

Mrs. A. Phillipe is the guest of Mrs. Frank Overall at her pretty cottage at the Point. About the first of the month she will go to Asbury Park.
The Montgomery advertiser., 1903-08-27
Mobile Society News.

Mrs. Clara R. Jemison of Montgomery is a guest at the Bienville.
The Montgomery advertiser., 1903-08-27

Prof. and Mrs. Fenallosa and Irwin Scott have returned from a pleasant visit to Mrs. Hal Mendenhal at Durham, Ala.
The Montgomery advertiser., 1903-08-27

Mrs. Pride Jones and children left to day for Montgomery to visit Mrs. Phare. Coleman.
The Montgomery advertiser., 1903-08-27

Mrs. Luther Hill of Montgomery, hal returned home after a short visit to he mother, Mrs. Mark Lyons.
The Montgomery advertiser., 1903-08-27
Personal Mention.

Mayor Charles E. Mclean left tonight for the Mountains of North Carolina to visit his family who are summering there.
The Montgomery advertiser., 1903-08-27

Local minstrel show at Casino con- tinues to draw good houses. Entire | change of program tonight. adv.
The Montgomery advertiser., 1903-08-27

E. P. Case has returned from an ex- tended pleasure trip to Chicago.
The Montgomery advertiser., 1903-08-27

Mrs. Ed Fearn and children left this afternoon for Point Clear. She will be absent two weeks.
The Montgomery advertiser., 1903-08-27
MACEDONIAN MASS MEETING

Mlnstrels tonight at Casino. Change of program. adv.
The Montgomery advertiser., 1903-08-27

MT. and Mrs. George Hearn, Jr., and their two children. will leave Friday for Tallulah Falls. Ga.
The Montgomery advertiser., 1903-08-27

Joe Ferdina. a well known white man, while driving in a cart on Warren and Adams Streets this afternoon was as- saulted by a negro and his arm broken. The negro escaped.
The Montgomery advertiser., 1903-08-27

MT. and Mrs. Norwood Richards have returned from Rockbridge Alum Springs w. Va.
The Montgomery advertiser., 1903-08-27

Mrs M. D. Powell Buried. Lowndesboro, Aug. 26.-(Special )-The funeral of the late Mrs. M. D. Powell, a
The Montgomery advertiser., 1903-08-27

Miss Virginia Thomas is visiting MT Willie Ross at Point Clear.
The Montgomery advertiser., 1903-08-27

MT. Murray Wheeler has returned fro his Northern trip.
The Montgomery advertiser., 1903-08-27

Minstrels tonight at Casino. Change of program. -adv.
The Montgomery advertiser., 1903-08-27
MYSTERY IS SOLVED:
o'RoURKE CUT, By A MAN HE
 ATTACKED.
Wounded Man Found on Streets of Mobile Had Attacked Young Man and Young
 Lady.
Advertiser Bureau,

Advertiser Bureau,
 Mobile, Aug. 26.
 The mystery as to the serious cutting of Frank ORourke, a young white man of this city, on Monday night has been unravelled. It will be recalled that on the night of the cutting, and when the young man was found by Detective Davis and Sergeant Shaw. he refused ito give the name of his assailant. Detec- tive Gus Griffin was detailed on the case by Chief of Police Case and this morn ing Detective Griffin reported that he had solved the mystery. He backed up his assertion by bringing into the office of the chief the man who declared he used the knife on O'Rourke. The young man made a clean breast of the affair and when he had written out his statement it developed that O'Rourke approached the man and a lady while they were waiting on the corner of Royal and Monroe Streets for a car and without warrant, proceeded to curse and abuse the couple. The man and his escort moved to the opposite corner, in order to prevent difficulty, but O'Rourke. so the young man stated, followed them and struck at the young man, but missed him and struck the lady, whereupon the young man drew a knife and proceeded to carve the aggressor. The young man in ques- tion is we'll known in the city and bears good reputation. while O'Rourke is credited with being a not quiet. but very obstreperous person.
 After O'Rourke was found on Monday night by the officers mentioned he was taken to his home by his father. but he refused to remain there and when again found by policemen was sent to the City Hospital by Chief Case. where he now Is in a serious condition. No arrests have as yet been made. The young man also declared. in his statement, that he was the person who telephoned police headquarters that O'Rourke had insulted lady. This message led Chief Case to send the detail in search of O'Rourke.