davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-03-21

QulfeQ Dy the Stdtute tSOue, SeCtOH lJol) and where the record fails to show that any motion was made for a Judgment | against the surety, no intendment can be l indulged in favor of the courts jurisdic- l Reversed in part, remanded, and in part / affirmed.
 Opinion by Dowdell, J.
 SANDS, Admr.. V. HICKEY ct al. Statutory action of ejectment.-Appeal from the Circuit Court of Mobile. ! 1. Pleading and practice; what review d on appeal from Judgment where non Juit is taken.-Where, on account of ad- verse rulings by a court upon the evi- 1ence, the plaintiff takes a non-suit with pill of exceptions, the rulings of the trial court, which can be reviewed on appeal. Ire restricted to such matters as are proper to be presented in the bill of ex- captions Code, Section 61D; and, there fore, the rulings of the court upon the pleading shown only by the record proper, will not be reviewed on such an appeal.
 g. Grant of letters of administration dc bonis non; when void and assailable on collateral attack; averment.-A grant Of letters of administration de bonis non, when there is no vacancy in the admin lstration, in the administration, is mere nullity and may be attacked in collater- al proceeding; but when so attacked the fact that there was no vacancy must be affirmatively shown, and in the absence of such proof, the presumption will be indulged that such vacancy had existed and that it's existence was aSceftalneo by the Probate Court when the letters of administration de bonis non were issued.
 3. Same; effect of appointment of ad- ministrator generally after vacancy in administration in chief-Where there is a vacancy In the administration in chief of an estate, it is not proper for the court to appoint an administrator gener- ally, but the appointment should. in terms be restricted to the character of the ad- ministrator de bonis non but the appoint ment of a second administrator, without such restriction does not, on that account. render the second appointment void in toto, but has only the effect of the grant of excess of power.
 4. Action of ejectment by administra- tor; where issue Is joined upon the plea setting up that the plaintiff was never regularly and duly appointed an admin istrator of the defendants estate. and on the trial the plaintiff offers in evidence, without objection, certified copy of the letters of administration appointing him administrator with the will annexed of the administrator of the decedent, fur ther evidence on the part of the plaintift showing that he was the administrator of the estate of the deceased and had the right as such to maintain the action. is ir relevant, immaterial and is properly ex- cluded on objection of the defendant.
 Affirmed.
 Opinion by HaralSOn, J.
The Montgomery advertiser., 1903-03-21

Indictment for assault with intent to
 murder.-Appeal from City Court ot
 Montgomery.
 i. Act defining power of recorder of city of Montgomery constitutional: jurisdic- ton of recorder.-The act approved Feb ruary H. 1901. entitled ''an act to fur ther define the powers and duties of the recorder of the city of Montgomery anL Aldermen of the city of Montgomery act ing as recorder (Acts of 19O0-19O1. p. 964) in so far as it confers upon recorder acting as recorder, original and concur rent Jurisdiction of all misdemeanors against the laws of the State committed within the city or within the police juris constitutional: and under the provision, of said act the recorder has Jurisdiction to try all misdemeanors against the laws of the State committed within the said
The Montgomery advertiser., 1903-03-21
ROppIE ct al v. BUSH.

Bill in equity to have conveyance O
 property annulled and cancelled.-Ap
 peal from the ChancerS Court of But
 Ter
 1. Insanity; bill to cancel deed of nol compos mentis when without equity.-Oi bill filed for the purpose of having [ conveyance of land declared void and can celled upon the ground that the grantol therein was at the time of its execution non compos mentis, incapable and dis qualified to execute said conveyance where it appears that the complainant was out of possession of the property al the time of the institution of the suit there exists no necessity for the invoking the Jurisdiction of a court of equity. ant such bill is without equity; the law afford ing a plain and adequate remedy for the recovery of possession of said land.
 Affirmed.
 Opinion by Dowdell. J.
The Montgomery advertiser., 1903-03-21
DOW WIRE co. V.

DOW WIRE co. V. ENGELHARDT.
 Executrix.
 Action of assumpsit.-Appeal from the
 Circuit Court of Montgomery.
 1. Suit by nonresident; judgment for costs cannot be rendered against surety except upon motion.-Where suit is brought by a nonresident who gives se- curity for costs. upon plaintiff being cast in the suit and judgment being rendered for the defendant. a judgment for costs cannot be rendered against a surety of the plaintiff except upon motion as re-
The Montgomery advertiser., 1903-03-21
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT

TEASLEY. admr., V. STANTON ct als and STANTON ct als V. TEASLEY admr Bill in equity to compel determination oi claims to real estate and to quiet title Appeal from the City Court of Mont gomery, in Equity.
 l. Vendor and purchaser: vendor and heirs estopped to deny the existence oi
 street as described in deed.-when ir the conveyance of lands it is described in deed as bounded by or abutting on q way or street. the grantor and his heirs are estopped to deny that there is such a
 way or street. such description being an implied covenant on the part of the grant or of the existence of such way or street and that there should be such a passage way for ingress to and egress from the
 lot conveyed and so described. Affirmed.
 Opinion by Haralson, J.
 GILES V TEAsLEY ct al, Board of Reg iStrars, etc.
 Action for damages against Board of Reg
 istrars for failure to register applicant. Appeal from the City Court of Mont gomery.
 1. Constitution of 1901; Board of Regis trars not liable for damages if section pro viding for registration repugnant to Con stitution of United States-If the section of the Constitution of 1901 providing for
 the registration of electors in the State of Alabama (Constitutin Art. VIII, Section 1S6) is void because repugnant to the fourteenth and fifteenth amendments of tIic SOhodtutlOH LII tHe OHiteu 0LdLeS, Ine Board of Registrars is without authority to register an applicant as a voter and
 their refusal to do so cannot, therefore,
 be made a predicate for the recovery of damages against the Board of Registrars
 for failure to register such applicant. g. Same; Board of Registrars not liable
 for damages for refusing to register appli- cant.-In the exercise by the Board of Registrars of the authority conferred up on them by the Constitution of 1901, in de- termining the qualification of electors in the State of Alabama and of the right to be registered as a voter (Const. 1901 Art
 VIII. Sections 1s0-1SS). such Board or Reg istrars act in a judicial capacity; and for their judicial determination that an applicant for registration does not pos- sess the requisite qualifications of an cleo
 tor, and their consequent refusal to reg ister him. they are not liable for damages.
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1903-03-21
nntch Bark Goes Down,

Bordeaux. France. March 0.--The Dutch bark. Amicitia. from New York, with petroleum. which was reported on ire at La Roque yesterday. has sunk r lere were no fatalities. as previously reported.
The Montgomery advertiser., 1903-03-21
Price of Gas Reduced For 
 PURPOSES.
APLEASANT EMPLOYMENT. .

Cooking becomes an en- joyable task when gas stoves are used. The reason1 No ashes, dirty coal, soot, worry about even heat as you want it. Quick, too, gas is, and cheap compared with coal. If you've never tried it, try it now. Ask us.
The Montgomery advertiser., 1903-03-21
CLERKS ARE RAISED
IMPROVEMENTS AT THE MONT
 GOMERY PoSToFFICE.
Two Additional Clerks Will Be Al lowed the Office After July l. Judge Buckley Pledges
 Better Service.

Postmaster C. W. Buckley of Montgom- cry was informed yesterday by letter from the First Assistant Postmaster general that in compliance with his recom- nenda tion. the salaries of each clerk em- ployed in the Montgomery postofffce had been increased $100 a year.
 The present roster of clerks was also approved and by request of Postmaster Buckley, two additional clerks are grant ed the Montgomery postoffice. to go in on July l, 1908.
 Judge Buckley said yesterday that it was a source of qualification to him on account of the prompt approval given his recommendations by the departmental of- Hcials
 ''All I want now" said Judge Buckley sis more room and the indications are that I will have it in the near future. am then going to give the people of Mont Komery a much better and quicker ser Vice tEan they have had in the past"
The Montgomery advertiser., 1903-03-21
REDUCED A FINE.

Governor Relieves a Barbour County
 Negro. The fine of Levi WhaIey, a well-kuowr EufaUla negro, was yesterday reduced by Governor Jelks.
 Whaley, who Is one of the negro lead.
The Montgomery advertiser., 1903-03-21

A little Tioga boy was looking at a drop pf water under a microscope and seemed huch impressed by the presence of mi probes. Now. I know what bites you when you drink soda water" he remark ed.-Philadelpnia Record.
The Montgomery advertiser., 1903-03-21
JACKSON V THE STATE.

Opinion by Dowdell. J.
La Junta tribune., 1903-06-03
hotbrook Center.

w. +. Stanton caught thirteen
pound catfish while irIigating last
Thursday.
The reservoir ditch is having a
good run OF water and at the pres
ent time crops are looking fine.
There was children's party at
Mr.. Carrington's last Wednesday
In honor of Master Willie's birth
day.
The recent wind storm injured
the tomato plants and many will
have to be replanted if tomato
crop is expected.
Misses Sadie Miller, Annie and
Russell Stanton attended the com
mencement exercises of the La
Junta High school last week.
Miss Lucy Rockwell, who has
been teaching in the Ordway
schools during the past year, re-
turned home yesterday to spend
the summer vacation.
First you turn the heater off,
and then then you turn it on; Ye
had hot wave yesterday-thls
morning it was gone; you're reach
ing for your hat OF straw, and for
your summer coat, and find an ul.
ster's what you need, well but
toned round the throat"
In response to invitations to a
carpet-rag tacking, twenty-four la
dies met last Thursday at Mrs.
Lashbrook's and exhibited their in
dustry by sewing forty-two pounds
Of rags. The hostess had pre-
pared a bountiful dinner and a gen
eral good time was enjoyed by all
w. n. Shirk's uncle, Mr.. Fro
sci, from Marion county, Kansas,
arrived last Wednesday to look at
the country. Although the at
mosphere, for two days, was very
hick and ne svy it did not prevent
this Kansas gentleman from seeing
and buying one of the incest
homes in the valley.
La Junta tribune., 1903-06-03
Sell. . Down. c,,eu. different.


The great Sells & Downs united
show, which is advertised to ap
pear in LIE Junta, Thursday, June
nth, claims to be different from
other shows, and, Judging from
the great variety Of features and
attractions advertised, it will have
no trouble to convince it's patrons
that it is very different from other
tent shows. The great Sells &
Downs shows have horses, and SO
have other shows, but the Sells &
Downs shows have the best horses
in the land. Other shows have
bands, acrobatic performers, riders.
ETC., but they are all very different
from those with the Sells & Downs
show. 1t pays higher salaries, and
not only secures superior perform
ers mentioned above, but it has
many novel. new and mysterious
acts that cannot be initiated sue
La Junta tribune., 1903-06-03

cessfully. Most OF the names and
acts advertised by the Sells &
Downs show are to be seen only
with that show.
Those people in this community
who have no, visited a circus dur
ing recent years because they sup
posed they were all alike will do
well to visit the Sells & DowEs
and they will be most agreeably
and pleasantly disappointed and
they will be forced TO admit that
the great Sells * Downs shows are
similar to others in but very few
minor points, and that, as a whole
in quality, quantity and character
it is far different from other tented
concerns.
The great Sells & Downs shows
will positively exhibit for one day
only in La unta on Thurs day,
Iune nth.
La Junta tribune., 1903-06-03
From the annual report of Union
High School No. for the year
ending May IS, 1909
Firs, Came Of the season.

The "kid team" and the Ground
ers," the latter composed of a num-
ber of members of proposed
professional" club, played a prac-
tice game OF ball on the new
grounds last Saturday afternoon,
the latter club winning by score
OF g to S. The "kids" played a
very fine article OF ball, and held
the "profesh" down in fine shape,
but as this was the first game that
many of the latter have been in
for a year it should hardly be taken
as criterion of what they can do.
The line up Of the two teams was
ac followc.
La Junta tribune., 1903-06-03

consin banker and has many friends
in this city. The happy couple
will make their home in Colorado.
Miss Anna Rankin. of Lawrence,
Kan, has been the guest of her
uncle, DR.. Frank Finney, for
several days past.
John Mackie, who has been a
student at the State University at
Boulder, has returned home to
spend the summer vacation.
g. p. Gates, who has been as
sisting in drilling the oil well south
of town for several months past,
leaves to dav for Bering, Mo-,
La Junta tribune., 1903-06-03
SOME MORE LOCAL ITEMS.

Trade at the Palace drug store.
Ii you get i, al McCarty & Al
then's its the best.
For monuments and tombstones
sac John +. Russell.
Genuine Panama hets at Nc
Carty & Athens.
FoR RENr-F:ve room house
Inquire OF q. S. Thompson.
Thompson's new and up-to date
carpets are marvels of value.
See Barr & Hotchkiss for first
class painting and paper hanging.
Money for city or farm loans on
easy terms. Inquire w. II. Gibson.
Step in ard see our new line OF
up-to-date ceckwear, just arrived,
at McCarty & Althen's.
Charles r. Buckley filed notary
commission with the county clerk
last week. His commission ex
pires IN 1907.
The celebrated Sachs Prudens
Buckley Ginger Ale, sold only by
the Arkansas Valley Bott!ing
Works. c. w. Wonderly, pro-
prietor.
Lieutenant Kaiser will deliver an
address at the Baptist church on
Wednesday evening. June Sd, at s
o'clock. A cordial invitation Is
extended to all.
Excursion rates via the Santa Fe-
La Junta to Colorado Springs and
return for 81. SO June 18th and I3th,
tickets good until June 2oth, ac-
count OF races. A. Ewing, Agent.
There was short session Of the
district court last Monday, Judge
Dixon presiding. Eva Milburn
was granted divorce from Frank
Milburn, with $40 per month ali
mony and $50 attorneys fees.
An applicant for Pullman
berth at the Ell Paso Office last week
got mad at the agent because there
havth and
pulled a gun on him. 1t is said
that the agent gave him "wide
BERTH.
On June 9TH, Sth and 9th the
Santa Fe will sell round trip ex-
cursion tickets from La nnta TO
Indianapolis, Ind, and return, for
s32 60, tickets good leaving In
dianapolis until June 18th. A.
Ewing. Agent.
Account of the Sangerfest Of
the North American Sangerbund,
the Santa Fe will sell excursion
tickets from La nnta to St. Louis
and return at rate OF sac. 10, une
5th and 10th, with final return
limit June 23d. A. Ewing, Agent.
Mrs. G. S. Thompson expects
to leave the latter part of the pres
ent week for an extended visit with
relatives and friends in Illinois and
also at her former home in Apple
ton, Wis. Mrs. Thompson will
probably be absent for two months
or more.
Charles H. Peters, of Denver,
state organizer of the Junior Order
United American Mechanics, was
a La Junta visitor for several hours
last Sunday. lie was on his way
home from San francisco, where
he has been attending the national
council of the order.
William Somerville Frame, one
Of the popular clerks in the office
of Superintendent Cain, leaves
next Monday for Topeka Kan,
where he will be united in mar
riage to Miss Elizabeth Margery
Stewart on June nth. Mr.. Frame
is the son Of a well-known Wis
La Junta tribune., 1903-06-03

where he will go to work for c. II.
McVey. who has a job of '.drill-
fishing" to do at that point
The semi-weekly messenger., 1903-12-04
FROM PRINTER TO PREACHER
Rev. Ill. Il. Anderson Does 'iie
usual Thing-MarriaSe OF IntereS7'
Other News.
fsnecial to The MessengerD

CSDpcial to The MeSSSlSSl'}
GoldsbOro, \. G, December 2.-ReV.
w. II. McLaurin, the newly elected pas
to,. of the Holiness Tabernacle, will ar
rive in the city tomorrow to assume
control of his new charge. He is new
man to GOldsboro, but not a new
preacher. He has been in the ministry
for seven years. His congregation as
we'll AS the people of GOlGsboro- GXtend
him a cordial welcome.
1t is not often that u printer deserts
the case to preach the gospel, but 1t
does happen some time as 1t did III the
case Of Rev. H. 3. Anderson, the new
Methodist preacher of St. John
church in this city, who is the only
new man sent to Goldsboro by the re-
cent conference. MI. Anderson former
ly resided in Goldsboro, where he
worked as a printer on The Methodist
Advocate about seventeen years ago.
when that paper was published by the
late DR.. j. B. Bobbitt, Of Raleigh, who
was then pastor Of St. lohn's church.
Mr.. Anderson succeeds Rev. j. T.
THOMPSON, who was referred by the
conference for superanuated relatlon
on account of i'll health and old age.
SONAA
TO Miss Kate Darden tomorrow night in
this city is the principal event IN Whlch
society circles are Interested at present.
Mr.. Aycock is assistant cashier OF the
Bank of Wayne and is a model young
man. He is a close relative OF the gov
ernor and has numerous friends VINO
Will extend their congratulations on the
present happy Occa sion. The bride to
be is one Of Goldsboro's most popular
and most admired young ladies. She
is a sister of Mrs. w. H. Borden, at
whose residence the marriage viii take
place.
The store of Mr.. c. G.. Perkins III
this city is closed today on account Of
the death Of Mrs. Barna Perkins. the
wife of his brother, near Pikeville.
The popular favOrite Mabel Paige
begins an engagement Of three nights
in the Messenger opera house tomorrow
night. She plays TO popular prices and
always draws crowded houses.
The inha bitants of our progressive
city were surprised this morning when
they arose and locked out upon a light
snow which had fallen during the night
and which was still falling. Last night
he thermometer registered several de.
grees higher than it had for some days
! and no one was giving snow q thought
/ The snow has not amounted to very
| much so far, but tire weather conditions
! are such that it is feared the end Is
+; not yet.
! An interesting case to be disposed OF
{ at the present term Of Superior court i:
! the one which the city has brought
against Mr.. L. D. Gully to compel hin
to remove the old dilapidated building
: known as the great eastern from the
! vicinity of the now city hall.
The semi-weekly messenger., 1903-12-04
FRIDAY. DECEMBER d
TO ORGANIZE SOUTHERN DEMo-
Gratis IN NEW YORK.

There are seventy-five thouSallu
voters in New York from the souuh-
ern states Many of them are leao-
ers in the democratic party IN Iha1
CITY. several holding responsible ana
5roDortaat offices. An effort IS Oelng
made to organize these voters SO as
To give the southerners weight IN the
marty in that city and, consequently
in the state 1t is said that this Is
being done, also, for the further pur-
nose of attempting to secure the
nIacing of q southern man on the
democratic presidential ticket. The
promoters of the scheme think IL
New York southern voters can be so
organized as to give them weight IN
marty matters u combination can be
made which will be too powerful to
be ignored, and, united with the
southern democrats. can secure the
desired end in the national cOnven-
ton.
Active measures for perfectns
this organization are to be taken
I'D at an early date-as soon as the
plans can be laid for beginning en-
ergetic work.
This much of the plans of the pro
1nOters Of this scheme has beer
given eat We are inclined to sus-
pect, though, that they have other
objects in view which they have KEEP
to themselves 1t sounds mighty
yelI-this talk of forming a com
bination of southern democrats a
the north for the purpose of secur.
ing the nomination of q southern
man Us vice president. or, perhaps
as president under -uch condition!
and show OF strength as Will war
rant the belief that the fact of hi
being ii southern man Will not mill
tate against him at the north
We suspect that the real motive il
to control the democratic nationa
convention in the interest of some
man whom the leaders of this move
ment wish to spring upon that body
The scheme is, more likely, in th'
interest of some individual, we know
not from what sectOn-aS Hkel!
from the north as from the south
rather than for the purpose or SO
curing southern man on th'
ticket
The southern democrats in New
York should be careful how the!
commit themselves to any suci
derstanding its full purposes. TheI
if the leaders are sincere is the pla1
feasible? If it fails wont it do {
great deal of harm to the Democrat,
party?
The semi-weekly messenger., 1903-12-04

unconcernedly standing in the middle
of the road calmly awaiting the car
The mOtorman jumps for the WhlSt4e
string. AS the danger signal shrlekS,
the two men on the track turn ABOUT
with a frightened look, and then flee for
their lives No power can stop this 93-
ton car within mile.
We Whiz past the town of DahlWltZ
Dust, sand and large pebbles leap VI
behind US We just catch a glimpse
of people on the station throwing VI
their hats in joy. Suddenly a smash
ing blow is heard against the windows
of the cab. as if a man brought his fist
heavily down on a table. 1t was q bird
overtaken in its flight and killed. The
speed Indicator finger climbs up pas
the 124 mile mark. Rangsdorf is only
l IA miles away CSC miles from Ma
1-einfelde) If the 1000 hOrse-powel
spree does not help us we shall no
engine at the power station at Ober
reach the speed for which we are al
hoping. The engineers at the powe
house have not forgotten us. The fin
ger of the speed indicator, as we nea1
Rangsdorf. moves just little further
And so we cover the last mile wh!cl
we Stlll nave DtlOIS NulllIlSS OAL III
power at top notch speed with LAO
kilowatts. or 900 horse power.
\ quarter OF u mile before reaching
the curve near R&ngsdorf we shut Of
the current and apply the full power o
the breaks. The speed of the car drop
to 120 miles. The curve is rounded II
n noble swing. The brake is released
and the car glides along under its owl
momentum without any current what
ever until Zossen is reached. In eigh
minutes we have leaped from Marien
felde to Zossen. We crowd around tn
telegraph instruments, which have re
corded a speed never before attalnet
in the annals of railroading. The tel
egrapher can hardly attend to his in
struments, so many heads are pressin!
about him. Finally he succeeds in read
ing off the recori-130.4 miles an hour
Every one smiles; hands are shaken
congratulations exchanged. An office
rushes off to the telegraph station t
announce to His Majesty the Kaise
the feat which German engineers hay
succeeded in performing.
The front end of the car is CoVere'
with flies, bees and small insects
crushed as if by thumb against tn
iron and glass.