davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-09-08

A Guaranteed Cure for Piles. itching Blind, Bleeding or Protruding Piles Your druggist will refund your money II PAZo fails to cure you. DO cents. adY-tu
The Montgomery advertiser., 1903-09-08
HOwIsON V. BAIRD.

Bill in Equity to Enforce a Trust and for
 Injunction.-Appeal from the Chancery
 Court of Jefferson. Tried before the Hon. John c. Carmichael
 l. Appeal from decree overruling mo- tion to dismiss: when not dismissed, all though answer filed in Chancery Court by appellant.-Where a decree, overruling motion to dismiss a bill in chancery for want of equity and demurrer to the bill, required the respondents to answer the bill within twenty days and the re- spondents, in compliance with such or der. filed their answer, and afterwards, within thirty days from the rendition of said decree overruling the motion and demurrer, takes an appeal, such appeal is not subject to be dismissed, because of the filing of the answer in the Chancery Court by the respondent after the decree appealed from was rendered
 ?. Bill to enforce rights under a lease; when without equity.-Where bill is filed by lessee to enforce his rights under a lease contract, it being averred that the lessor without authority declared said lease forfeited, and wrongfully busted the complainant and that the complainant had | complied with the terms of said lease, | and paid the royalties due hereunder, such bill is properly dismissed on motion | for want of equity; the bill showing that the complainant had a plain, ade- quate and complete remedy at law. Reversed and rendered.
 | Opinion by Mcclellan, c. J. ,,-.,
The Montgomery advertiser., 1903-09-08
Opinion by Dowdell, J.

DRAPER V. BLACKWELL & KEITH. Bill in Equity by Creditors of a Bank to
 make Stockholder Liable-Appeal from
 the City Court of Anniston in Equity.
 Heard before the Hon. James w.
 Lapsley.
 1. Banks and banking; right of bank to purchase its own stock In the absence of statutory restriction. a solvent bank ing corporation, not contemplating insol- vency or dissolution, may purchase its own stock in payment of previously ex- isting debt due 1t from its stockholders; and such a purchase does not necessarily operate to withdraw the purchased share of stock from the capital stock of the cor poration. nor does 1t constitute fraud on the creditors.
 2. Same; right of creditor of bank to hold stockholder of bank liable for sale of it's stock to bank in payment of debt.-
The Montgomery advertiser., 1903-09-08
JONES V. CITY OF ANN1sToN.

JONES V. CITY OF ANNIsToN. Prosecution for Violation of City Ordi-
 nance.-Appeal from the City Court of
 Anniston.-Tried before the Hon.
 Thomas W. Coleman. Jr.
 1. Pleading and practice: motion to strike pleadings and rulings thereon should be shown by bill of exceptions; appeal.-Motions to strike pleadings or to quash. and the rulings of the court there- on, should be shown by bills of exception, and when not so shown, such rulings will not be reviewed on appeal; and. there- fore, ruling upon demurrer to a motion to duash, in the absence of a bill of ex- captions. and when 1t is now shown that the motion is properly made a part of the record, will not be reviewed, although the motion appears in the transcript as a part of the record Powell V. Henry. 96 Ala, 4l2, in so far as 1t holds to the con- trary overruled.)
 2. Violation of city ordinance: when arrest without warrant constitutes no de- fense.-Where the charter of a city con- fers express authority upon its police of- dcers to arrest, without warrant. and to take into their custody, any person who shall commit, or attempt to commit. in their presence any offense prohibited by the ordinances of said city, 1t is no de- fense to a prosecution for the violation of an ordinance of said city that the de- having been issued for his arrest and without an affidavit having been made, charging him with the commission of the offense; and, a plea setting up such fact, presents no defense to such a prosecu- tion, and Is subject to demurrer.
 Affirmed,
 Opinion by Tyson, J.
The Montgomery advertiser., 1903-09-08
BESsEMER ICE DELIVERY COMPANY
 ", BRANNENs -ea.s,a.,~'

Action in assumpstt. t.-Appeal from the
 City Court of Bessemer. Tried before
 the Hon. B. c. Jones.
 l. Appeal from Justice peace court: de- fleets in pleading immaterial.-On appeal from Judgment rendered by justice of the pease, the case is tried de noyo, and without regard to any defect in the sum- mons and complaint or other process or proceeding before the justice of the peace Code, Sec. 4SS), and therefore, in an &C., ton of assumpsit. a complaint filed after the appeal is not subject to demurrer upon the ground that 1t was different from the complaint originally filed in the justice of the peace court, in that the original com- plaint did not state a cause of action.
 ?. Action in assumpsit; sufflciency of pleading setting up breach of warranty In an action to recover the purchase price of horse sold by plaintiff to defendant plea which sets up warranty in the sale of the horse and a breach of said warranty, without averring any damages to the defendant from such breach is de- fective and subject to demurrer.
 8. Same; same.-In an action to recover the purchase price of horse sold by the plaintiff to defendant, pleas which set up false representation made by the plaintiff in sale of the horse and which, therefore seek to recoup damages which are alleged
 
 misrepresentation, but which fails to aver an offer on the part of defendant to return the horse within a reasonable time after discovery of the fraud are bad, and sub ject to demurrer.
 4. Sufficiency of plea; when motion to strike properly sustained.-In an action to recover the purchase price of a horse sold by the plaintiff to defendant, a plea which sets up misrepresentation on the n,.A ~AA I. olat, k- ALA which does not aver that the horse was sold for any particular purpose. but ayers that the horse was utterly worthless for the purpose for which she was bought" it Is not error for the court to strike. on motion of the plaintiff. from said plea, the words purpose for which she was bought"
 5. Action for recovery of purchase price of horse; admissibllty of evidence. In an action to recover the purchase price of horse sold by plaintiff to the defendant where one of the pleas of the defendants sets up a misrepresentation on | the part of the plaintiff, as to the auali- ] ties of the horse, and 1t is averred in said plea that said horse was utterly worth | less" but there is no averment that the horse was purchased for any particular purpose, 1t is not competent for a witness to testify as to whether the horse pur- chased by the defendant was utterly worthless for the purpose for which she was bought"
 l Same; same.-In an action to recover the purchase price of a horse sold by plaintiff to defendant, where there is no plea setting up any warranty of sound ness of the horse, 1t is not competent for the defendant to prove that at the time of the purchase the horse was suffering | from some disease.
 Affirmed.
 Opinion by Dowdell J.
The Montgomery advertiser., 1903-09-08
Opinion by Haralson, J.


KENNEDY " BIRMINGHAM RAIL-
 WAY, LIGHT AND POWER co.
 Appeal from the City Court of Besse-
 mer. Tried before the Hon. $. C..
 Jones.
 l. Street railway; right to establish rule, fixing higher rate to be paid by passenger failing to purchase ticket.-As tickets before taking passage on their cars, carriers of passengers may adopt a rule or regulation. establishing higher rate to be paid the conductor than the rate charged for 8 ticket, but, to justify such discrimination in the rates, the car- Tier must provide proper facilities and &C., commodations for SO purchasing tickets; and, therefore, if a carrier fails to give passenger a convenient and accessible place and opportunity to buy his ticket, before entering a car, then the regula- ton establishing a discrimination in the rates is unreasonable and void, and con- stitutes no defense to an action brought by the passenger. for his ejectment by conductor after he has paid the ticket rate by reason of not having a ticket. 2. Same; same; case at bar.-In an ac- tion by a passenger against a street rail- way for an lleged wrongful election from one of defendants cars, where it Is shown | that the plaintiff boarded the car at d station on the defendants line where there were no tickets kept for sale, and | that he was elected from the car for his | refusal to pay a greater rate for his
 passage than was required from holders | of tickets, the fact that the defendant had established a rule or regulation, requir- ing its passengers who failed to purchase | tickets to pay a higher rate than that charged for a ticket, constitutes no de- | fense; and this Is true, although the de- fendant had a depot or place for the sale | of tickets at a point some two and a half blocks (about 1000 feeD from the point where plaintiff boarded the car. Reversed and rendered.
 Opinion by Tyson J.
The Montgomery advertiser., 1903-09-08
Head-Notes Qf the Decisions
 Of Alabama Supreme Court.

present indebtednesse greater than three and one-half per centum, of the assessed value of the property tlherein; levy of said special tax being for the payment of the interest and principal of the in- debtedness of said county. which was already authorized by an existing law at the time of the ratification of the con- stitution and. therefore. falling within the meaning of the special provision con tained in Section PA.
 Affirmed.
 Opinion by Haralson J.
The Montgomery advertiser., 1903-09-08

Where Dill in equity filed by creditors Of bank incorporated under the laws of this State, ayers that, under a resolution adopted by the board of directors of said bank authorizing payment of indebted ness to the bank, one of the officers and stockholders of said bank surrendered to it certain number of shares of the stock in payment of pre-existing debt, and that thereby the bank withdrew from its capital stock such shares so surrendered. but which fails to aver that at the time of the transaction complained of the bank was insolvent or that the directors in passing the resolution, authorizing such surrender of its capital stock had in contemplation the occurrence of the banks insolvency, such bill is without equity. and is subject to demurrer.
 Reversed and rendered.
 Opinion by Sharp, J.
The Montgomery advertiser., 1903-09-08

EeEanay electric Nashville Service
 
 
 
 
  h - Chicago
 
   l. Passng
The Montgomery advertiser., 1903-09-08
PERRY STREET CASE.
Application to Dissolve Injunction to
 Be Heard in Union Springs.

The injunction filed by the Montgomery Traction Company, against the county of Montgomery to prevent the tearing up of the tracks of the street railway on the extension of Perry street, will be heard on Sept. +, at Union Springs, by Chancellor W. L. Parks.
 A bill was filed by the county yes- terday in answer to the bill of the Trac- ton Company. The county's bill asks that the injunction be dissolved on two grounds, first, for want of equity in the bill, and second, on the sworn denials of the averments of the Traction Com pany's bill
 The matter was set down for hear- ing on Sept. F, at Union Springs.
The Montgomery advertiser., 1903-09-08

Trains s7 and ss carry - pp , .iesDinS . car New York and HtIants and New Orleans,
 through coach AtlahIA !ro ep Macon il a. m. ana LaGra ,
 "a B. Tyler. c. A.. Mont A F. A., Atlanta Ca 5' Snarles A. Wickersham. r.
The Montgomery advertiser., 1903-09-08

.llman drawing room 2 superb dining car SCI
 New Orleans. Dininl
 Cafe observation cal
 New orleans. TrainI lnge 5:45 p. m. do nc gomery. Ala; D. F Y. E. Lutz, T. Nj. Moi and G. M. Atlanta
The Montgomery advertiser., 1903-09-08
Chesapeake &
 Ohio Railway. (Tamed for it's Magnificent Scenery.)

Through tickets to New York carry stop-over privi. lege at the famous Virginia Hot Springs, also at Wash ington, Philadelphia and Ball. timore.
 Write to the undersigned for full information or apply to agents of connecting lines. JNO. D. POTTS, A. G. P. A.,
 Cincinnati, Ohio.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Jungle HouSekecping.

The negro housewife in the West In.
dian jungle finds housekeeping very
easy. Fruit and vegetables grow wild
all about the hut, and the river abounds
with fish.
On wash day all she has to do is to
pick few of the berries Of the soap
berry tree, take her clothes to the river
and use the berries as she would use
ordinary soap. Even her cooking pots
grow on the trees, the calabash cut in
halves being used for this purpose.
Calabashes are used also for bowls, ba.
sins and jugs Tor carrying water from
the river, while the small ones make ex-
cellent cups.
In the afternoon, when she is ready
for her cup of tea, the negress picks
half dozen leaves from the lime bush
growing at her door, boils them, squeez-
es the juice from a sugar cane for
sweetening, and the cocoanut supplies
the milk. Thus she has delicious cup
of tea without depending on the grocer
for it.
She makes the mats for her floor out
of the dried leaves Of the banana, plat
ed and sewed together, as the old coun-
try people in this country make their
| rag mats.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
LAZY MANS PARApIsE-
The Women Are The Hard workers
In tie WeHt Inhfen.


On market day in the West Indies
thousands of peasant women and girls
can be seen walking along the roads to
the town from their palm matched
huts in the mountains and woods. They
carry on their heads immense loads OF
bananas, oranges, yams, plantains.
brown sugar or tobacco, stepping along
ut the rate Of four miles an hour with
the gait Of princess,
Constant carrying OF heavy loads
gives them splendid carriage. They
will walk forty miles to market to sell
30 cents worth Of produce. Often they
could sell the same stun for better
price at their homes, but they enjoy
the merry company on the road and the
fun and gossip Of the market place too
much to give up their weekly jaunt.
Most people think such a tramp hard
work, but they regard 1t as picnic.
Tfamping along over rough mountain
tracks, fording swift rivers, Juggling
fractions mules in the way that they
should go, these women never let their
loads fall. They could dance Jig
without dropping them.
Meanwhile the men folk, who have
not even taken the trouble to sow or
harvest the crops, much less carry them
TO market, are sleeping in the palm
matched hut or lying down in the yam
patch outside aud smoking the strong
native tobacco.
ION my estate" said a coffee planter
to an American friend, II employ about
GOO people in the busy seasons. The
women outnumber the men by more
than two to one and do far better work,
though they are only paid IS cents a
day as compared with the mems "a
cents. The difference in wages is most
unfair, but it is regulated by an iron
bound custom. Kansas City Star.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
EMPIRE NATIONAL BANK
AUTHORIZED TO BEGIN BUSINESS

30 7o29-Treasury Department, Office
OF Comptroller of the Currency.
Washington, D. G., Oct. 81, 1908.
Whereas, by satisfactory evidence pre-.
'ented to the undersigned, it has been
made to appear that the Empire National
Bank of Clarksbusg, located in the city
Of clarksburg, in the county of Harrison
and state of West Virginia, has complied
with all the provisions of the statutes
Of the United States, required to be com.
piled with before an association shall be
authorized to commence the business OF
banking.
Now, therefore, l, Thomas P. Kane.
deputy and acting comptroller of the cur.
rency, do hereby certify that the Empire
National Bank of Clarksburg, located in
the city of Clarksburg, in the county o..
Harrison and state of West Virginia, is
authorized to commence the business Of
banking as provided in section fifty lone
hundred and sixty-nine of the Revised
Statutes of the United States.
In testimony whereof, witness my hand
md seal of office this thirty-frst day OF
October, 1909
tseal) T.P. KANE,
Deputy and Acting Comptroller of the
Currency. nov2,6Ot
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
A Printers Dlunder.

A Paris newspaper on one occasion
made a blunder which excited no small
amount OF merrlment at the expense Of
a man OF real talent The following
paragraphs, intended to have been
printed separately, were by some error
so arranged that they were read con-
secutively: "Dr. X. has been appointed
head physician to the Hospital de In
Charlie. Orders have been issued by
the authorities for the immedlSS' ex-
tension OF the cemetery of Mont Par
nasse. The works are being executed
with the utmost dispatch"
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
MIp.W1NTER Excursions
TO WASHINGTON,
Very Low Rates via. Baltimore & Ohio
Railroad.

NAlIUaQ.
In accordance with its usual custom,
the Baltimore & Ohio railroad will, on
January q and February is, 1908, run
two popular midwinter excursions to
Washington at very low rates for the
round trip, good returning ten days, in
GLIDING date of sale.
Excellent train service, standard
coaches, Pullman parlor and sleeping
cars.
These delightful excursions afford
splendid opportunities to visit the Ma
tional Capital during the session Of con.
gross. For tickets, time of trains and
full information, call on or address G.
H. Towles, ticket agent B. & o. rail
road.
A most comlpete and fully illustrated
guide to Washington may be purchased
from Agents B. & 0. railroad at ten
tlO) cents per copy. to-decSl
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Nom.

Here is little Johnnle's composition on
Men" fMen are what women marry.
They drink and smoke and swear and
hive ever so many pockets, but don't
go to church, Perhaps If they Wore
bonnets they might. They are more
logical than women and also more 200.
logical. Both men and women have
sprung from monkeys, but the women
certainly sprung farther than the men"
Bloomfield qnd.) Democrat.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
ANNUAL CHRISTMAS SALE.

The Ladies' Aid society of Golf NJ. E.
church will hold their annual Christmas
sale in the lecture room of the church.
Thursday evening, December II, They
win have fancy articles, homemade can.
dies, ice cream, cake and coffee on sale
md they desire your patronage.
decl5.3t
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Sweet Melody Flour

If you need any harness for your
teams, no mftter of what kind, YOU
will find it always on hand at Rev
folds, Main street, lie keeps an up.to.
dae harness establishment. $50
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Sweet Needy. i q

The largest line OF neclgwear ever
shown in the town ct the Clarlssbnrg
Tailoring Co.'s. declltf
Our display of holiday goods is tho
most complete Of any in the city. O. D.
Sturm s Co. declR.l2t
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Sweet Melody Flour.

Have your eyes examined and spec.
tacles accurately fitted by DIR. Hard.
man, oeulist and aurist. Fordyce build
ing. janlO,O2-ly
See our holiday line before selecting
your presents. 1t will pay you. G, D.
Sturm & 90. decl2-l2t
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
ariff Ono
RAILROAD.

West Bound.
No. l-tdailyl dus 1858 q. m.
No. IL daily due 1928 a. m.
No. 3-tdailyt due 1918 a. m.
No. AZ daily due s:42 p. m.
No. 55-( daily due 7:2s p. m,
East Bound.
No. 2-tdailyl due 1854 a. m.
No. daily due 1913 a. m.
No. l2-(daily) due $3.50 p. M.
No. 72- daily due 1858 ?. M.
No. 4-tdaily) due 9:45 p. m.
W. VA. & PITTS. DIVISION.
West Bound.
No. S-(daily ex. Sunday Ar. 0:l5 ami
Ly. 6:l5 a. m.
No. l-tdaily) Ar. $3.50 a. M; Lv. 1850
No. 5-tdaily sx. sun.l Ar. 2,15 p. M.
Lv. 1856 P. m.
No. 7-tdaily az. SUM- Ar. e:45 p. m.
No. 9-tsunday only) Ar. 7:2O p. M;
Lv. 7:2O ?. m.
East Bound.
No. s-tDaily ex. SUM- LV. GAO a. m.
No. 2-Daily ex. SUM- Ar. $3.50 a. m. ;
Ly. 1885 p. m.
No. SO Sunday Only) Ar. and Lv. 9:4O
q. m.
No. e-tdaily) Ar. 1888 p. m; Lv. 4 p. m.
No. 4-(daily ex. Sum- -Ar. and Lv.
1880 p. m.
WEST VIRGINIA SHORT LINE.
West Bound.
No. 7l7-tdaily ex. sun.)Ar. 1850 a. m.
No. 7l9-tdaily) Ar. s:lb p. m.
East Bound.
No. 7ls-tdaily) Lv. 6:2O a. m.
No. 72O-(daily ex. SUM- Iv. 2:so p. m.
Trains Nos. and 8 run between
Oarksbng and Sutton.
D. B. MARTIN,
Mp. Il, Baltimore.
O. W. BAssETT,
@. P. A., Baltimore.
@. W. ALLEN,
T. P. A. Petersburg.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21

The finest fruits, nuts and raisins can
be found at Swager's, S2s Pike street.
dccl5.GtlMwlt
Davis s Willis are always the same
md 50 is their WHISTLES. Opposite B. &
Q. freight depot. dcc4-24td
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
DRINK OLD HENERY WHISKY

This whiskey is made from the finest
selected grain and under the old fashion
handmade process and is highly recon.
mended for family and medicinal use
Sold DULY by the Boys. Davis and Willis
dec4.24td
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
take advantage Of the facilities for doln
business afforded by
THE TRADERS BANK.

The transfer Of money, payment Of
bills, etc, can be quickly made when de.
posits are made here and a check drawn
on us used instead of cash, This method
insures the prayer against loss. The
money is absolutely safe in our fire and
burglar proof vaults and the check IL
paid only upon endorsement and idanti.
tication.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21

Fifty houses are needed In East
clarksbUrs. If
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
ugly AND pPFrrY PEOPLE.

Take notice. Our last day to take
pictures in this city is December 2Sth.
We leave for another city. Come at once
to avoid the rush. Please tell your
friends. % photos for 25c.
SHEA PHOTO CO.,
Jacobs Bdg 0lorkshnro
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
a monevmoon Exncrlence.

The Groom Would you mind If l
went into the smoking car, dear2
The Bride-What! To smoke?
ooh. dear, no! want to experience
the agony of being away from you so
that the joy of my return will be all
the more intensified. Brooklyn Life.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Sweet Melody EEnnr-

The clark'burg Tailoring company
mas a large collection Of woolens fol
suits, trousers and ovsrcoats. They viii
% pleased to have you look them over
sep24tf
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21

Davis \ Willis for god whiskey ut
wholesale prices. Old Virginia Boys,
Opposite B. & o. freight depot
dec4-24td
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
SWEET MELODY FLOUR

Davis & White holds the reputation
for selling good whiskey. Buy and be
convinced for yourself. Opposite B. 3
y. freight depot. dec4-24t
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21

Davis 4 Willis, sole agents 1t Clarks-
burg for IIenery vrhiskey. Opposite B.
y 0. freight depot, Clarksburg, w. Va,
dec4.24t
Fifty houses arc needed in East
clasrkbUrE. If
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Sweet Melody Flour.

The largest line of woolens ever shown
clarksburg can be seen at She Clarks,
Durg Tailoring company. sep24ti
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21

don't care to meet the man who has
never made mistake, for that infalli-
BILE individual has likely never made
anything else, -NIacaulay.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Sweet Mlody Flour

In every nome where there Is niann
here Rhoud be piano plaver, There
IS none better than the Harmonist Sold
nv the Thomson Mnsic Company Ell
Bridge building feb. ls-tf
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
SWEET MELODY FLOUR

Public dancing at the Elkbridge dance
hall every Tuesday and Friday nights.
Admission to gentlemen 50 cents, and to
ladies % cents, Music by the Peerless
piano player. octl6tf
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-12-21
Sweet MelodyFlour.
FGLEsYS HONEY AR

for Children s>rfa, sssres No z1s-..,e
For sale by Stone & Mercer, @. D.
Sturm \ Co. and X. J. Crisis.