davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-02-04

weight and height, and also the age. we.ght and height of the defendants conductor. -s. Same; same.-In an action against street railroad company to recover dam ages for an assault and battery, alleged to have been committed by the plaiasin while a passenger on defendants car by the conductor on said car. where the de- fendant introduced evidence tending to show that the plaintiff. just prior to the conductor taking hold of him. said of the conductor, that the d-n fool did not have sense enough to run @ car." 1t Is competent for the plsintiff to ask the wit ness introduced in rebuttal. whether the plaintiff made such statement in refer ence to the defendants conductor.
 1. Same; same.-In such case, after the plaintiff has asked witness introduce ed in rebuttal as to whether or not he heard the plaintiff make such a statement h reference to the right to strike the plaintiff In ejeeting him from the car. unless 1t was neeessary to defend hini- self from the assault as made upon him.
 Affirmed
 Opinion by Harrison. J.
The Montgomery advertiser., 1904-02-04
AN ACT UPHELD.
Supreme Court Opinion of Interest to
 Jefferson County,

The Supreme Court of Alabama Tues day in double opinion. held that the act passed by the last Legislature authortz- ing the removal of causes from the City Court of Bessemer to the City Court of Birmingham, or courts of similar iurisdic- tion. was constitutional.
 The court in the same opinion directed the clerk of the City Court of Bessemer to record the order of removal and turn over the papers in the test case. If the clerk should fail to do this after iearn- ing Of the opinion of the Court the opin- the clerk should be issued
 The title of the two cases in which the opinion was rendered by Chief Justice Me. Clellan, were 'ex parte Birmi~ gham Rail. way; Light and Power Company and E. A: Dudley Vs. Birmingham Railway Light and Power Company.
 The attorneys and court officials of Res semer opposed the removal of the cases The question aroused great local Interest in Jefferson County
 The opponents of the act declared tha, 1t violated the article of the Conrtitution restricting local legislation. It was con tended that the paragraph in the article in reference to change of venue was vio. lated by the act.
 The Court held that this contention ws, not well taken. A change from one court to another court 0F the same CoTntv nt equal Jurisdiction was not a char1s oI venue as contemplated by the ConstitHI tion It was held by the Court thai the Legislature had the right to authorize such changes.
The Montgomery advertiser., 1904-02-04
SPARKS GETS RESPITE
NEGRO MURDERER WILL NOT
 BE HANGED FRIDAY.
He Was Convicted of Killing Inger. soil at Phenix City and is
 in Jail a opeliha.

Charles H. Sparks. the Lee County ne- gro. convicted of murder, who was to have been hanged at opelika was yes- terday respited by Governor Jelks until Saturday. March 5.
 The respite was granted in order tNat the attorney for Sparks might heve an opportunity of presenting new evlderce for the man which he says he has found. Sparks was a negro school tea~her of Phenix City. He becane infatuated with Lucy Ingersolf, the wife of well to 7o negro of that town. Ingersoli was aesas- slnated while at supper at his home, the murderer standing outsi1e the house and firing the fatal charge from a shot g1n through the window.
 Lucy Ingersoll the wife. at the trial. confessed that she was an accomplice to the murder and declare1 that the shot was fired by the school teacher She swore that Ingersoli was shot with his own gun, which she took from the well and passed out of the window to Spa ks. standing in the dark. She swore too, 1 that after the deadly work had beau done, the gun was passed up to her and she put it back in It's accustomed place on the wall
 Sparks has several times been con denned to death that is the execution of the death septepce in the original case has been postponed and reset several times.
 The Supreme Court affirmed the action of the lower court in convicting Sp~ rkg for murder and fixing the punishment at death. A stay fin the exerI'tion of the I sentence was secured from the Court by Montgomery attorney for Sparks and a | motion for a rehearing of the case was entertained. The motion was, however. dismissed. The Supreme Court sentenced Sparks to be hanged February 5 and from this date a respite has been granted by the Governor.
 In allowing the respite the Governor said: Tn order to give Sparks an oppnr- tunity to present new evidence which he claims to have, it is ordered on the rec omnlendation of the Board of Pardons that respite issue and that exe:ution of the sentence be suspended until Saturday, March 5, 1904.''
 It Is understood that the witnesses from whom the new evidence is to be secured are fin Cincinnati, o.
The Montgomery advertiser., 1904-02-04
Opinion by Sharpe. J.
BIRMINGHAM RAILWAY. LIGHT AND POWER co. V. MULLEN.

Action Against Street Railroad Company
 to Recover Damages for Assault and Battery on Passenger.-Appeal from the City Court of Birmingham.
 1. Action against street railroad com- pany for assault and battery by conduc- tor on pas en ger; adnoissibil' ty of evid nee as part of the res gestae.-1n an action against street railway company to re- cover damages for an assault and battery upon the plaintiff while a passenger, al- legged to have been committed by the de- fendants conductor, where a witness es- tifed that the assault grew out of a dis pute caused by th9 conductor accusing a passenger who got on the car with the plaintiff of pulling the bell cord, and that after such passenger denied having pulled the bell cord the defendant called him d-n liar and threatened to put him off whereupon plaintiff took part in the dispute and the conductor, by reason of statement of the plaintiff assaulted and struck him. 1t is competent for the pain tift's counsel to ask said witness "how many times. if at af did the conductor curse in talking to" the passenger whom he accused of ringing the bell; such evI- dence being apart of the res gestae of the assault.
 2. Same admissbility of evidence-In an action to recover dama ges against a street railroad company for an assault and battery committed upon the plaintiff as a passenger by the conductor of the defendants car, where the defense inter- posed is that the conductor was trying to put the plaintiff of the car, it Is com potent for the plaintiff to prove his age,
The Montgomery advertiser., 1904-02-04
SLATER & co. V. HAUsMAN.

SLATER & co. V. HAUSMAN. Action of Assumpsit.-Appeal from the
 City Court of Montgomery.
 1. Judgment by court without jury; presumption on appeal when bill of ex- captions fails to recite that it contalns all the evidence.--On an appeal from 3 judg- nfent rendered in case which was tried by the court without the intervention of q jury, if the bill of exceptions fa''e to recite that 1t contains all the evi'G1c the appellate court will presume any state of evidence necessary to sustain the Judgment of the trial court.
 2. Action for work and labor done: ad- instability of ev;dence.--In an action to recover for work and labor done upon a house. where. under the pleadings 1t was an issue of fact as to whether or not at the meeting of the creditors, the crigina contractor of plainttH agreed to accept a pro rate of what should be left af'er the houses were comnaeted by the owner, which was made nece sary by the or ginal contractor giving up the work, and there was evidence tending to show that the plaintiff did not agree to such pro rate, it Is competent for the defendant to ask a witness who was present at the meeting Of the creditors at the time and plare designated. if it was not the agreement between the plaintiff and the defendant that he would accept a pro rate; such evil dence being relevant and not calling for a conclusion of the witness, but only for the statement of a collective fact.
 Affirmed.
 Opinion by Dowdell J.
The Montgomery advertiser., 1904-02-04
Opinion by Harrison, J.


 MILLIKIN & co. v. CARMICHAEL Bill in Equity to Enioin Trespasses.--
 Appeal from the Chancery Court ot
 Geneva. l. Lease of part of homestead for tur- pentine purposes; not necessary for 1t tc be signed and separately acknowledged by wife..-A written lease granting to the lessees the turpentine privileges of lands which constitute a part of the lessor $ homestead. giving the right of ipgress h and egress from such land, for the pur, pose of boxing the pins trees standing thereon. and taking from them gum for the manufacture of turpentine, Is no, such conveyance or alienation of she homestead as requires the signature of the iessor's wife and her separate sc- knewledgement. In order to give validity to such an instrument.
 Affirmed.
 Opinion by Tyson. J.
The Montgomery advertiser., 1904-02-04
Poets of the South.

This is the title of a neat little volume by F. V. N. Painter, A. NJ, D. D., p. O. lessor of modern languages in Roanols College, published by the American Book Company.
 A preliminary chapter treats of the minor poets of the South. followed by chapters devoted to the lives and works of Poe, Hayne, Timrod, Lanier and Fa- ther Ryan. portrait of each of these authors is given, together with typical se- lections from their works. References are included to a body of explanatory notes which make plain all allusions. The poets of the South are not so well known as their merits deserve. and this little volume will supply real need in calling fresh attention to the poetic achieve ments of our section of the country.
The Montgomery advertiser., 1904-02-04
Opinion by powdell, J.
WHITLEY y LIpE et

WHITLEY V. LIDE ct al. Bill in Equity to Enjoin Sale Under 0
 Mortgage and Abate Purchase MoneS.
 Appeal from the Chancery Court of
 Conecuh.
 i. Purchase of land: effect of execution of mortgage to secure deferred payments; burden of proofs-Where the purchaser of land accepts a deed and executes a mortgage upon said land to secure tho payment of balance due of the purchase money, there is, by such acts, an ac- knowledgement on his part that the ven- dors had title. and these facts. together with the fact Of non-payment, give a prima facie right to the mortgagee to foreclose the mortgage;. and, therefore, upon bill filed by the purchaser to en- join the foreclosure of a mortgage and to abate the purchase money. by so much as represents a portion of the land upon the ground thni the vendor did not own such portion. L burden is upon the pur- chaser to prove the alleged want of title in the vendor.
 Affirmed
 Opinion by Sharpe. J.
The Montgomery advertiser., 1904-02-04
MEYER V. BLOCH.

Action of Detinue.-Appeal from the City
 Court of Selma.
 1. Pleading and practice: ruling upon demurrer to motion to strike should be shown by bill of exceptions.-The ru.ng of the trial court to a demurrer inter- posed to a motion to strike certain plead ings from the file, will not be reviewed. unless presented by bill of exceptions.
 2. Detinue; sufficiency of plea of want of consideration.-Ina an action of detinue. where the plaintiffs claim to the property is based upon a mortgage, a plea which ayers that the property sued for was con veyed to plaintiff ''by mortgage made to him by defendant and that there was failure of consideration for said mort gage and the debt secured thereby" is insufficient because 1t fails to set out the facts showing want of consideration.
 Affirmed.
 Oninion bv Tyson I
The Montgomery advertiser., 1904-02-04
ACQUISITION HoNoRED.

Dodge, However, Will Institute
 Hsbeas Corpus Proceedings.
 Houston, Tex, Feb. 3.-The application for a requisition for c. F. Dodge was heard by Governor Lanham at Austin to-day. and the application was granted.
 This will put an end to the proceed ings in the justice court here, but t is stated that there will be an application for habeas corpus. based on the alle- gation that Dodge is too i'll to be remov- ed to New York at this time
 He is confined to his room at a hotel, and a number of physicians had exam ined him preliminary to the application
The Montgomery advertiser., 1904-02-04
HeAd-Notes Qf the Decisions
 @ Alabama Supreme Court.

visions Of said contract the owner took possession and completed the building at an expense in excess of the amount agreed to be paid to the contractor. are sufficient to present a defense to such suit and are not subject to demurrer. upon the ground that they fail to show there was any unpaid balance due the contractor by the owner, wht n notice was given by the plaintiff of the claim of the lien.
 Affirmed
 Opinion by DowdelI l.
The Montgomery advertiser., 1904-02-04
Orders by Judge sayrs.

Orders were made yesterday In the fol- lowing cases by Judge 4. D. Sayre, pre- siding over the civil division of the City Court of Montgomery:
 Martha Fielder Vs. w. H. Mead, dis missed.
 L. Feraro vs. Riverside Brick Company, judgment for defendant.
 James w. Smith vs. J. R. Beasley, judg- ment for plaintiff for $25.
 The case of the First National Bank vs. the Fidelity Deposit Company of Mary land was passed until Friday.
The Montgomery advertiser., 1904-02-04
MADISON TEACHERS.

Several Awarded Certificates by
 State Board.
 The State Board of Examir CTS has grad- cd the papers for the January examina- tion and granted license to teach to the following:
 Madison County-John A. Rogers Mable Gillls, Virginia Watson. Burnie Garrett, Mary Irby Mastin. E. P. Bradford, Sazzie F, Drake, c. D. Laughlin, John H. Har- tis, F. F. Davis. Mary E. Donegan. John Thomas Bowman, Mrs. Nora Reynolds. E. T. Durham. Arthur c. Donegan, Emma Wyatt. Louise Haley, Arthur G. Ersling. CT, s. B. Douglas.
The Montgomery advertiser., 1904-02-04
Opinion by Dowdell, J.
ALABAMA LUMBER co. V. SMITH

ct al.
 Action to Enforce Material-Man's Lien
 Appeal from the City Court of Mont
 gomery.
 i. Action to enforce material-man's lien for unpaid balance; sufficiency of plea s. In an action by a material man to emf rec a lien to the extent of the unpaid hal- ance alleged to be in the owners hands at the time of the giving of notice as to the clain of the lien. as required by the statute, pleas which specifically deny the allegation in the complaint of the exist ence of any unpaid balance due from the owner to the contractor at the time of the service of such notice, and which, in addition to such specific denial allege facts which show that at the time the notice was served, the contractor had abandoned the work, and under the pro-
The Montgomery advertiser., 1904-02-04
A BASEBALL MEETING
MONTGOMERY ASSOCIATION
 DISCUSSED LOCAL AFFAIRS.
To Be Represented at Forthcoming Meeting of the Southern League When Schedules Wal
 Be Considered.

There was meeting of the Mon g'mery Baseball A s1c ation Tuesda nlgI. pu no definite action was taken and the me ting adjourned to meet at some later date.
 One of the important points brought up at the meeting was the question of se- leoting committee to repres ent Mont gomery at the meeting of the Southern League to ho heid about February 15. At Committee, President Kavsnaugh. Cha - ley Prank of New Orleans, Coffee Jack son of Birmingham and Newt Fisher Nashville. will be submitted to the League for it's rejection or adoption.
 1t Is vitaily important to Montgomery that it's interests in a baseball way b taken care of. for included in the he'd ulc besides tho holiday games will como up the question of pooling the most i'm portant of these games. This was done last season and found to be most d mirable plan, the smaller towns being on the same level as their larger sisters in this reSDect.
 A committee was not appointed Tuesda, night for the reason that 1t has not bee though there Is a probability of it beine hold in Montgomery. This town is the most central point In the League and probably easier Of access tC the various members from Little Rock to Shreveport
 President kavanaugh will probably ls- sue tho call for the meeting in the next day or twc.
 The NaSnVllIe Banner says:
 Manager Newt Flsher of the Nashville Baseball Club Is hack from August \, where he has been for a week on d visit with his family. He learned while there that movement is on foot to have Judge Havana ugh of the Southern League also become President of the Southeastern League.
 Con Strouthers. who manages the Au, gusta team in the Southea stern League. was in Augusta and talked with Manager Fisher about the matter. They seem tn want Judge KavanauRh at thei head, end 1t is more than likely that he will be elected and will accept said Manager Fisher. as the Southeastern League is in the same territory covered by the South. ern League. Judge Kavanaugh is one of the most popular minor league Presidents in the Country. If he does consent to help tbem out the Southeastern will feel the effects of his efforts. There Is nothing to prevent his accepting. The Southern League managers would like to see him take 1t and put them on a substantili footing, as the more leagues there are in the country the more success does each one have
The Montgomery advertiser., 1904-02-04
Saturday Matinee and Night.
UNITED STATES COURT.

County Case Still Being Argued.
 Arguments in the case of the County of Montgomery vs. The Fidelity and De- posit Company, the litigation on the bond of County Treasurer J. J. Cochran. were resumed yesterday in the United States Court for tho Middle District of Alabama before Judge Thomas G. Jones.
 The only question in dispute now Is the amount of interest due the county in addition to the judgment.
The Montgomery advertiser., 1904-02-04
Died

In HartsvilIe. South Carolina. on Janu- arv s1st. Mrs. Mary Ann Mcclellan. widow of the late Gen. W. B. Mcclellan of Talladega, and sister of Mrs. M' A. Waller of Montgomery. (Talladega papers please copy).
The Montgomery advertiser., 1904-02-04
Iaxo Pills for Evervb dv

Laxo Pills may be taken without fear into the most delicately organised sys- tenn. as we'll as the most robust, when an occasional help it needed to adjust and correct the normal functions of the stom. aeh liver and bowels. Druggists. 25 cents
 --advs.
The Montgomery advertiser., 1904-02-04
ADJUSTMENTS. Montgomery Theatre
 Tonight

Ml5s deIeM Or4ntIy
 In The Palace of The King. Miss Helen Grantley will present Lor- rimer Stoddard's drama. Tn the Palace of the King" at the Montgomery Theatre tonight. The play is said to abound in dramatic situations and to af- ford Miss Grantly a splendid opportunity for the display of her talents. She will be surrounded by a splendid company, while the scenic environment Will be mas sive and beautiful. Seats now on sale.
 Saturday Matinee and Night.
 The Great Casino Success.
 The Runaways. et~.. e Seat sale opens thls morning for both matinee and night performances. . --adY.
The Montgomery advertiser., 1904-02-04

YOUR BEST WORK cannot be done good health without pure blood. Hood 6 SaI aparilla is the great pure blood mak- CT. It gives appetite. strength and vigor, and cures disease.
The Montgomery advertiser., 1904-02-04

Constipation is cured by Hoods Pills 25c. tu-thu-su.
The Montgomery advertiser., 1904-02-04

The Daybreak Fert'lizt s are here. See our adv. Marks 6 Gayle. --tu-thu-su.
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-09-01

Do you wish to sell your farm? It
SC, send full description, lowest price
ard best terms. Or, II you wish 70
buy a farm, ranch or Lincoln home.
write to or call ON Williams & Bl,att.
1l05 o ST.. Lincoln. Neb.
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-09-01
certainIy Extravaxant.

1.-The Courier says that republican
extravaganza has increased the state
debt In other words, he would have
you think that the penitentiary fire.
the burning of the asylum at Norfolk,
are republican extravaganza. News.
,Minden, (rep.).
The above shows not only the NEIL
tai capacity of the News editor, but
his unfairness. Who but a>dullard or
dishonest person would interpret
extravaganza to mean loss. The Cour-,
Ter meant just what it said. Extrav-
agance is the proper word. Name D
year that the republicans have been
in power in this state that the state
debt has not increased. They are ex7
travagant in both state and nation
and no sensible person will try to con-
tradict it. The state is over two mill
lion dollars in debt when the consti-
tuition expressly states it shall not ex-
coed one. The republicans have been
in power every year since it was or
gained, except the two years Of fu-
sion rule, and in those two years the.
debt decreased six hundred thousand
dollars.-G. J. Richmond, in Minden
Courier (pop.).
But when we know that these fires
resulted from republican carelcssness,
we must add negligence-gross, almost
criminal negligence to the charge of
extravaganza
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-09-01

single tax on privilege would not be
tax on property. To tax property
while permitting the owners of privi-
lege to escape full payment for the
benefits and advantages conferred on
them is the most vicious kind OF class
legislation.
Public institutions, governmental
benefits and civilization increase rent
or the value that attaches to the land
where the civilization is, but commod-
tiles are not enhanced in value by the
growth of civilization and the prog
ress in art, science and invention.
Why should any man favor the class
legislation that allows the owners OF
valuable sites, franchises or mineral
deposits to collect taxes from their
more enterprising and Industrious fell
loW-citizens? At the same time that
the owners of privilege collect taxes
they compel industry and enterprise to
shoulder the burdens of government.
The farmer and the artisan must sup
port the privileged class and the gov
eminent besides,
Nothing can be property unless it is
ask what individual produced the
enormous value Of city land? Who
made the coal land Of Pennsylvania
valuable?
The farmers and laborers Of the
country should have share in the
immense public fund that is now being
diverted into the pockets of the privi-
legged class, instead of being handed
over to the community to whom it
rightfully belongs.
j. B. McGAUTAN.
Denver, Colo.
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-09-01
Whom TO Love

Love thou thy neighbors, not above,
but as thy self
He that advises more than this, is
wrong
He who is so devoted to his purse and
pelf
That he neglects himself, and the
throng,
Degenerates into a very silly elf,
And proves that, mentally, he is not
strong.
Love thou myself, but never, in a
foolish way,
To rate myself above far better
men;
Cling to thy rights, they're needed
for another day,
And all the more, as thou art weak
err, when,
Contending with the mighty, as tIeir
claims may lay
Athwart thine own, demanding thine
again.
Know thou thy weakness, be alert
and firm to quart
Thy weaker points; lay well and
deep. thy plan,
And when the contest comes, be quick.
hold long and hard.
And make thy blows tell, more than
man to man!
The Toe that's stronger" speaks the
faithful bard.
Must more encounter courage In
the van"
JOSEPH MAkINSON.
Holdrege. Neb.
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-09-01
FUNDAMENTALS.

The single tax,ers' proposition is
like this:
LIST. That land, by natural right, is
the heritage of all the people.
End. That the people-in direct pro-
portion to the extent to which they
form social bodies and establish gov
ernments-give value to land
3rd (And it is not until you get
this far that the question Of taxation
appears.) That as these social bodies
or governments require revenue for
common purposes, it logically follows
that they should take-what they
themselves collectively create-namely
land Value" TO carry on the func-
tons OF government in. whose bene-
fits all have an equal share.
Here you have three things to de-
tegmne for yculself:
Ist. To vbCm the land belongs.
Pad. To whom land values belong.
:.rd Ely whom should land values
be taken.
The first I GU will find answered in
chapter I. hook I, of Progress and
Poverty. Read it. The second you
will find answered in chapter 2 of book
8; and the third you will find answered
in chapter of book 8.
He that is to follow philosophy
must Le d freeman in mind
E. @. BAILEY.
Central CITY. Colo.