davidaulloa/AmericanStories huggingface dataset:
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28

Professor A. Marston. of the chair of
civil engineering of Iowa State Coli
lege, Ames. was in the city Thursday
afternoon, being OH his way to Clear
Lake, where he has been engaged by
the council to act as consulting engi-
neer. The council of Clear Lake is
the ACCESSIBILITY of putting
in a sewer system. also a sewage dis
posal plant. and Mr.. Martin will make
a general examination of the land and
give his advice as to the character of
the system and the plant. Professor
Marston is just finishing plans for sew
age systems for Ames, Harlan and
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28

New cotton blankets, all prices, sizes
ard qualities. NJ. f. Andrews.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28

SplrltuaIlst program on ms page.
Dance at Finkles Hall Saturday
evening
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28

We will show the latest styles in
dress goods and trimmings at our open
ing tomorrow. Archie Parker.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28

Dance at the Maccabee hall Friday
night under the auspices of the Court
of Honor.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28

We have purchased eighty home
grown watermalons for Saturday S
trade. Reynolds & Sheldon.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28

Mothers, remember that Henry Pap
PES is headquarters for school pants.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28

The one Woman illustrated by
by the author of The Loop
ards Spots" at Liebig's.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-28
The CITY in BRIEF

George ]. Allen onhtha,m,,op,st
Dance at Finl,Ie.s ,Iau sa,urd.,
evening.
--
| aii'eu--'fooo BOY to carry message!
-------
or o',oiIoM staple check glnghams at
Q i'aliHa she Lay.
You are invited to come to our OMEN
ing tomorrow. Archie Parker
School suits will be in demand at
Henry Pappes tomorrow. Call early.
Dress,a,,;, -, -
ments for saIs y, oos w. Ma Sd,
street. "e''' .>esaua
We pay cash for no,atoes and o,o,as
at l2s East Main street on,osita past.
office. f. +. Hood.
-
Ihe meeting this evening at the
Spritualists' camp will be devoted en-
wonderful. 80 ''''e =
-------
Dr. cora %. Williams. specialist. dis
eases u women and obstetrics. Of
eo over NO. west Main Residence
eoe west Main. New phone 62.
ieuell -, a. Sogel went to Des
MONIES Ihursday evening, where he has
a.eep'eu an ONCE position with the
heiehai''s Lie insurance Company.
Promptness &c featnr, ,..,,
,---.,1. - - 'AAS viii 10.
The Montgomery advertiser., 1903-12-23

street railway company to recover dam ages for injuries to a buggy resulting from a collision with one of the defend- ants street cars, where there Is no dues- tion in the case as to the buggy becom- ing second handed. through and by reason of the injuries 1t received in the collision, 1t is not competent to ask the person who repaired the buggy if it ia not true "that when an article becomes second handed it loses much"
 9. Action against street railway com pany to recover damages to horse and buggy; charge of court to jury an action against a street railway company to recover damages for injuries to horse and buggy, resulting from collision with one of the defendants cars, alleged to have been caused by defendants negli- gence, where 1t is shown by the evidence that while the horse standing hitched to buggy on a street on which defendants s car was running and while the buggy was occupied by a person, the horse became startled at the approaching car and be- gan to back and backed the buggy on to the defendants tracks immediately in front of the car, and the testimony was in conflict as to whether the defendants motorman made any effort to stop the car. charges are erroneous and properly refused which instruct the jury that the burden was upon the plaintiff to show to the reasonable satisfaction of the jury that the person sitting in the buggy used every effort to prevent said horse from backing on to the track. and if such per- son failed to do 50, they must find for the defendant
 Reversed and remanded
 Opinion by Mcclellan, c, J.
The Montgomery advertiser., 1903-12-23
Head-Notes 4 the Decisions
 Of Alabama Supreme Court.

plaintiffs failure to complete contracts with other persons for shingles which were to be made from the timber fur nished. by reason of delay in the delivery of such timber, if it is not alleged that the defendant had knowledge of such con- tracts; and such profits are also too spec ulative and conjectural to form an ele- ment of recoverable damages.
 2. Action for breach of contract to de- liver timber; sufficiency of complaint.-In an action to recover damages for the breach of a contract, which stipulated that the defendant was to furnish the plaintiff with a certain quant..y of tim Der to be used by the plaintiff in the man ufacture of shingles. a complaint which seeks to recover as special damages the profits which the plaintiff lost by failure to complete contracts with other persons for shingles, which failure was caused by a delay on the part of the defendant in delivering the timber as contracted for, snd which fails to ailege that the defend ant had knowledge of such contracts, are insufficient to state a cause of action and are subject to demurrer.
 g. Pleading and practice; effect of joinder of issue upon plea.-Where issues Is joined upon a plea filed by the defend ant in bar of the plaintiffs right of re- covery and the plea is sustained by proof the defendant is entitled to yer dict and judgment in his favor. although the plea. if demurred to, may have teen declared insufficient.
 Affirmed.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1903-12-23
YOU WILL BE ALL
 SMILES AGAIN
Forget Your Stomach and You'll
 Have a Santa Claus Face.
HOW TO DO IT.

If there is one thing more than all oth- CTS that will give man a forlorn ana friendless appearance and make him nor bid and cranky and disagreeable, that thing is dyspepsia. It makes one forget his friends and become morose and irri- table. He IS so wrapped up in his own misery that he is inconsiderate of every one else. Relieved of this terrible and depressing ailment, he again becomes a good fellow and a man among men.
 Stuart's Dyspepsia Tablets are beyond question the most effective and popular remedy ever offered to the sufferers of this terrible disease. The thousands and thousands of cures they have brought about and the enormous increase of their sales fully attest the truth of this state ment.
 They are above all. natural remedy They possess exactly the same properties that the gastric juices and other digestive fluids of the stomach possess and they &C., tually do the digestive work of the stom- ach and enable that organ to rest and recuperate and become sound and well. They act in a mild, natural manner and cause no disturbance in the digestive or gans They prevent any Fermentation of the food which causes sour stomach. In fact under their influence the subject forgets that he has a stomach and his re- SuIting cneertulneSS presents great con- trast to his former dejection.
 Millions of boxes of Stuart's Dyspepsia Tablets are sold annually and they are but in the dawn of their popularity. Ev- cry mail brings letters of thanksgiving from grateful ones who have been cured of this terrible disease. The following IS one of the hundreds received each week:
 Rev. Ja R. Hoag of Wymore, Neb.. writes: "For six years have been troubled with dyspepsia. Last fall be- came very much alarmed at some sSmp- toms of heart trouble and came to believe there was a sympathetic relation between the two diseases or rather that the stom- ach trouble was the cause of the heart disturbances. hit upon Stuart's Dyspep- sia Tablets for a remedy and invested a dollar and a half fo- three boxes which lasted me three months and I can eat any kind of food I want and have a good. vigorous appetite. Although I am T years old, now feel perfectly well and without being requested by anyone I make this statement compliment to the virtues Sf Stuart's Dyspepsia Tablets"
 su-wed-fri
The Montgomery advertiser., 1903-12-23
How to Prauant nronn

It will be good news to the mothers of small children to learn that croup can be prevented. The first sign of croup is hoarseness. A day or two before the et- tack the child becomes hoarse. This is soon followed by peculiar rough cough. Give Chamberlain's Cough Remedy freely as soon as the child becomes hOarse, or even after the rough cough appears. and 1t will dispel all symptoms 0f croun. In this way all danger and anxiety may be avoided. This remedy Is used by many thousands Of mothers and has never been known to fail. It is, in fact, the on,y remedy that can always be 1epanded upon and that Is pleasant and safe to take. For sale by all druggists. adv.
The Montgomery advertiser., 1903-12-23
MONTGOMERY STREET RAILWAY
 COMPANY v. HASTINGH.

COMPANY V. HASTINGS.
 Action against Street Railway to Recover
 for Injury to Horse and Buggy .-Ap-
 peal from the City Court of MontgOm-
 cry.
 1. Action against street railway: suHi- ciency of plea of contributory negligence. In an action against 2 street railway company to recover damages for personal injuries to horse and buggy occasioned by a collision between a street car and the horse and buggy, alleged to have been caused by the negligence of the defend ants employees, a plea which sets up con- tributory negligence on the part of the person in charge of said horse and buggy, which ayers that said person allowed the buggy in which she was sitting with the horse attached thereto, to remain stand ing diagonally across the street. with the hind wheels of the buggy within a few feet of the defendants track so that any backward movement of the horse would put the buggy directly on to defendants s track" is insufficient as plea of con- tributory negligence, inasmuch as the facts particularized do not, in themselves, constitute negligence at all.
 2. Same; same.-In such a case, a plea which ayers that the horse attached to said buggy was afraid or sklttlsh of street cars" and yet the person in charsc of said horse and buggy allowed the horse to remain upon the street which was a very narrow one, and that the horse be- came frightened and backed the buggy on to the track in such close proximity, to wit twenty feet to the approaching car that the motorman in charge thereof thercupon used all appliances at hand to stop the car, but was unable to stop the car before it struck the buggy" is in- sufficient as setting up contributory neg hgence on the part of the person in charge of the horse and buggy.
 3. Same; same.-In such a case a plea which ayers that the buggy and horse were standing diagonally across the street when the accident occurred, that the rear wheel of the buggy was within a few feet
The Montgomery advertiser., 1903-12-23
LIGHTS FOR oPE1rKA.
Company Organized by Montgomery
 CitizenR fo BIlfId Tipht plaDk

Citizens to Build Light Plant.
 A copy of the charter of the Alabama Electric Light and Power Company was filed for record yesterday in the office of the Secretary of State.
 Nearly all the stockholders are resi- dents of Montgomery. although OpelIka Is named as the principal place of busi- ness of the corporation. The purpose of the organization, it is declared in the charter. is to furnish electric light and power for the city of Opelika and other towns and cities in Alabama. It is stated that H5O of the company's capital stock has already been subscribed and of the subscriptions $500 has already been paid fin.
 The charter of the company gives it the right to increase its capital stock to $50. 900.
 The company was incorporated under the laws of New Jersey. Its incerpora- tors are H. s. Persons. F. s. Persons, Fl |. c. Davidson, J. W. Pergons, Joseph g.,
The Montgomery advertiser., 1903-12-23
Reversed and remanded.
 Opinion by Haralson, J.
BAILEY V. DUNLAP MERCANTILE
 COMPANY

BAILEY V. DUNLAP MERCANTILE
 COMPANY.
 Contest of Homestead Exemptions. Ap-
 peal from the Circuit Court of Mon
 roe.
 1. Contest of claim of homestead ex- emptions; burden of proof.-When the plaintiff in a suit institutes a contest of the claim of homestead exemptions to lands levied upon under an attach ment or other process, the burden of proof is on the plaintiff to establish that the property so claimed as homestead is not subject to the levy.
 2. Homestead exemptions; character of estate or title to property claimed Under the constitutional and statutory provisions, a homestead exemption may be claimed in lands which constitute the dwelling place of the family with its appurtenances without regard to the na- ture or character of the title, whether legal or equitable. or of the estate, whether in fee simple for life or for years only; nor is it of consequence as to the right of claim of homestead ex- emptions that the claimant acquired the tract of land in parcels at different times, or that his estate in each parcel is different in degree.
 8. Same; right not lost by renting of land.-The owner of homestead may, if he chooses. rent out a portion of the tract without subjecting the portion so rented to the payment of his debts and without losing the right to claim such portion as a part of his homestead.
 l. Contest of homestead exemption; admisslbility in evidence of affidavit and bond for attachment.-Where. after the levy of an attachment upon lands, the defendant interposes claim of home stead exemptions and the contest is in- stituted thereon. upon the trial of the contest the affidavit and bond for at- tachment are not relevant to any issue involved and are, therefore. inadmissi- ble in evidence.
 Reversed and remanded.
 Opinion by Tyson. J.
The Montgomery advertiser., 1903-12-23

ufacturing will be the importing of work. ing people from the crowded tenement districts of New York city to c@erate the mill. Mir. Pottle anticipates no diff nculty in inducing auficient number of these people to leave the unpleasant en- vironment in the metropolis for a life of comparative freedom in the mountains of North Carolina.
The Montgomery advertiser., 1903-12-23
NICHOLS sv. RAsCH.

Action for Breach of Contract.-Appeal
 from the Circuit Court of Lauderdale.
 1. Damages for breach of contract to deliver timber-In action to recover dam ages for the breach of contract for fail ure to deliver certain specified timber, as required by a contract. a recovery can not be had for the profits lost by the
The Montgomery advertiser., 1903-12-23
LABOR FROM THE rENEMENTs.
Poor of New York to Be Imported by
 Cotton Mill.

Asheville. N. C., Dec. 22.-H H. Pottle. a members of the firm of Pottle & Com pany. bankers and brokers of New York, has undertaken the task of financing the new cotton mill to be built at Marshall, a charter for which was recently grant ed.
 French Broad river, will have an equip ment of 10.O00 spindles and a full com plement Of looms for the manufacture of sheetings.
 An innovation In Southern cotton man
The Montgomery advertiser., 1903-12-23
Fought a& A partv

Marietta. Ga, Dec. 2.-ciarenes. Cam treu and William shipp are dead as the result of light at party over old aie- fernces. Win Cantrell, a brother of !Ciar- ence, is in jail charged with. the murder of Will Shipp.
The Montgomery advertiser., 1903-12-23

Keep the bowels active if you would preserve your health. A dose Of Priclsiy Ash Bitters now and then does this t3 perfection wed-frf-su
The Montgomery advertiser., 1903-12-23

Pou, Kate A. Persons, A. M. Anderson and A. A. Wiley of Montgomery and c. H, BarnweIl of Tuscaloosa.
The Montgomery advertiser., 1903-12-23
WAETED-MALE HELP.
 HELP WAN ED.

wANTED-A bright, progressive young school 10 open . branch office of our association In Alabama: the work will not interfere with school duties and the right party can make sI QUO clear the first year. Address Ameri- ,an Teachers' Association, l74 Randolph Bldg., Memphis, Tenh.. l42S Arch St.. Philadelphia, Pa. u-26 wANTED-LAdy or gentleman that can fur nish beat references to work a section of CT the entire county in which they reside. Good proposition: liberal commission to agents. Ad- dress The Advertiser. Montgomery. Ala.
The Montgomery advertiser., 1903-12-23

JEFFERSON COUNTY SAVINGS
 BANK v. NATHAN EFT AL
 Garnishment Proceedings. Appeal from
 the Circuit Court of Colbert.
 1. Garnishment; when judgment re- covered on answer of garnishee.-Judg- ment can not be recovered against gar nishee on the answer. unless there is a distinct admission by him of legal debt then due or to become due by him to the defendant in the original suit.
 2. Same: how answer of garnishee construed.-The answer of a garnishee is taken as strictly true, and if 1t de- nies indebtedness, that denial may be overcome by facts stated in the answer. when they show that the general denial Is untrue; but in order for this to be done. the particular facts stated must clearly and distinct disclose the liabil- ity of the garnishee. -
 3. Garnishment; issue upon answer of garnishee; burden of proof.-Where the plaintiff in a garnishment suit Is not satisfied with the answer of the gar nishee, he should contest it by alleging in what respect the answer Is untrue; and on the trial of the issue thus made, he may examine the garnishee; and the burden is on him to make out hls case.
 f. Same; answer of garnishee; can avail himself of set off.-In making his answer, the garnishee is entitled. in es- timating his liability to the debtor, to the benefit of any set off which could be made available by way of set on in any of the modes provided by law. if the proceeding were one directly against the garnishee by creditor for the en- forcement of Ais liability.
 5. Same; same; how answer consid- ered.-As to the admissibility of the statements of a garnishee in making an oral answer, such statements are not to be measured by the rules of law as to the admission and rejection of evidence; they are more in the nature of plead- ing; and the garnishee is entitled to state the facts in reference to the alleged in debtedness.
 6. Same; same.--Where a bank has been garnisheed, and after making writ ten answer it is required to answer oral- ly: it is permissible for such garnishee in answering orally through its treas urer, to state that the defendant in the original suit was indebted to the bank, as was evidenced by his promissory note, and that although such defendant was employed by the bank, there was an agreement between him and the bank that his salary was to be applied to the payment of his indebtedness and this is true, although the agreement was re- duced to writing and was not produced, nor was the note produced.
 Reversed and retnanded.
 Opinion by HaralSon, J.
The Montgomery advertiser., 1903-12-23
MISCELLANEOUS.

WE MAKE speciality of renovating the wood wo k of old or damaged furniture. We can give iL any desired finish and guarantee our work hrst-class in every respect The W all Paper Co., II No. Lawrence St. Phone 6ss.
 CARD-Patients desiring admission to the wards of the Montgomery Inf1rmary may secure cards by telephoning Miss Laird head nurse in charge, at phone No. 722. Montgomerv In- hrmary. -u VI"
The Montgomery advertiser., 1903-12-23
FINANCIAL.

pending on location of property: large or small amounts; prompt service. Montgomery Ab- stract O.. No. 8 s. Perry St. If
The Montgomery advertiser., 1903-12-23
FOR RENT.

FOR RENT-Or will lease for three years my plantation two miles from Pickett Springs;
 o2o acres of land and good improvement Ap- ply to Mrs. L. c. Teacher. 22l Catona St. If FOR RENTLThe St. James Hotel, Selma, Ala; |; 30 rooms. on second floor entirely, newly pa- pered. Address Julien Smith, Agent, Selma,
The Montgomery advertiser., 1903-12-23
LOST.

LOST OR STRAYED-One-eyed bay mare, fol- ward for return to Sam Burge. 7Is Bell St.
The Montgomery advertiser., 1903-12-23
FOR SALE.

FOR SALE-Globe wernicks Book Cases. Filing Cabinets and Desks. We have on hand a compiet, stock of all goods manufactured Dy this actofy. We employ an expert system clerk to Give any Information you may desire regarding the use of these up-to-date ofhct system o. time and money savers. He would like to meet and talk with you. whether you buy or not Ed c. Fowler Co.
 FOR SALE-For SIoo fine rubber tire buggy. good harness and splendid pony; can be seen before 9 o'clock at lo5 s. Perry St.
 LATEST improved Ramingtons and typewriter supplies always in stock: typewriters sold, ex- changed, rented and repaired. A. Coke Smith. Moses Building. Q
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1903-07-23
DISCOUNTING DEFEAT.
Enslishmsn Say the Last Cup Dsfsn.
der Was Manned by
Dutch Crew.

It is curious that Englishmen are
questioning the international character
of the American yacht race for the first
time; for in the true sense of the word
it never has been a struggle between
Englishmen and Americans, but be-
tween Englishmen and Englishmen,
and Englishmen and Americans, says
the King.
"The America, which carried of the
famous cup, was designed by an Eng
l1shman, who, with his brother, navi-
gated her across the Atlantic.
Later on 1t was Scot who owned the
defender.
Last time the American yacht was
commanded by Scotch skipper and
manned by Dutch crew.
II the English depended on American
skill In this way we should hear Of 1t;
but apparently John Bull is reused at
last. He objects to the employment Of
British sails in the Reliance, which Is
supplied by Ratsey, Of Isle Of Wight
fame.
Yachtsmen this side Of the water nat
urally maintain that sails are a most
important feature Of yacht, and II
they are British in the American boat,
the contest ceases to be international.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1903-07-23
DIDN'T KNOW AMERICA"
Marked Contrast Between English
and American Ways on an
Ocean Liner.

Returning to my native New York
this summer by an English ship"
says transatlantic traveller, accord
ing to the New York Sun. Il noted
again the lack Of knowledge we Amer
leans have Of our national songs.
"On Sunday the captain read service
in the dining saloon and at its close,
in Difference probably to the prepon-
derance OF Americans in his company,
designated America as the hymn to be
sung. Everybody stood up and the
first verse was given with a gusto.
Much weaker in volume was the
singing Of the second verse. The third
began with only two or three voices
that trailed of ipto dead silence before
Its end. though the organ kept bravely
on.
Either the captain intended It from
the first or else the weakness of our
singing suggested 1t to him, but at the
finish he asked for God Save the King
Then 1t was that we Americans werA
ashamed to listen to the handful Of
Englishmen among us sing Justify and
with confidence, led by the captain HIM
self. their national anthem from start
to finish.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1903-07-23
WEAVING PERSIAN CARPETS.
Boys Work at the Looms and Carry
Out the Patterns with
Great Skill.

A most interesting sight is the local
manufacture Of Persian carpets. Eight
or nine boys, whose ages range from
eight to II, sit In rows at the looms" ac-
cording to The Modern Priscilla, "and
with the wool, which they pull rom
reels suspended above them. in their
left hands, and fiat knife. crooked at the
point, in their right, dash, with three
movements, the thread through the web
strings, hook 1t into the desired knot,
and cut off the surplus ends, starting an
other knot before the spectator has real
ICED what has been done. Having been
shown the design and coloring OF the
carpet they are to work for the first two
or three feet, these boys rely on their
memories for the remainder OF their
task, for on only two or three looms Is
the design Of the carpet to be seen af-
fixed. and then only in plain penciled
drawing When nearing complicated
parts or medallions, a boy IL or IA years
old, the foreman Of the loom, who has
the design seemingly imprinted on his
mind. walks UP and down, calling out In
a quaint, sing-song manner. the num-
Der Of stitches and the colors OF the
threads to be used"