davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-08-31

THORNTON vs. sCHUESSLER ct al. Bill in equity to reform mortgage and
 to foreclose same.-Appeal from the
 Chancery Court of Randolph.
 1. A Bill in equity to reform mort gage and to foreclose same.-Where a bill Is filed to reform a morttage in respect to the description of lands in- tended and supposed to be embraced therein, and as reformed to foreclose the same. and 1t appears that the wife Of the grantor was made a party res- pendent for the sole purpose of hav- ing an adjudication as to her inchoate dover and homestead interest in the land conveyed in the mortgage. if. after the filing of the bill and before the answer thereto. the wife of the mortgagor dies. any interest which she may have had is thereby eliminated and the suit Is properly abated as to her. and prosecuted against her hus- band alone; and 1t is not error for the suit to be so prosecuted, without a special order of the court abating the case as to the deceased defendant.
 Affirmed.
The Montgomery advertiser., 1904-08-31
Returned Miner Again Deported.

Cripple Creek. Aug. 29.-A. c. Leduc, returned deported miner who was taken from the custody of two deputy sheriffs by a body of armed men. was escorted by them to the Canon City road, where he was released with a warning to remain away from this dis trict,
The Montgomery advertiser., 1904-08-31
Opinion by Mcclellan. c. J.
ROBERTSON EFT AL. V. MONTGOM-
 FRY BASE BALL ASSOCIATION

ROBERTSON EFT AL. V. MONTGOM
 FRY BASE BALL ASSOCIATION. Bill Tor InJunction.-Appeal from the
 Chancery Court of Montgomery.
 l. Decree by chancery court; when not sufficient to support appeal-Where bill in equity asking for an injunc- ton Is submitted on motions to dis miss the bill for want of equity and to dissolve the injunction, an order or decree of the chancery court that the motion to dismiss the bill fer want of equity Is we'll made, and Is sustained i; and unless the complainant amends the bill so as to give 1t equity in two days after yhe enrollment of this decree. the bill will stand dismissed" Is not a de- cree dismissing the bill which will sup port an appeal
 ?. Same; when injunction not dis solved.-The recital in a decree of a chancery court that "it Is decreed that the filing of the amendment by com plainant on April 13. 1904. operated a dissolution of the injunction" Is not decree dissolving the injunction, and will not support an appeal.
 3. Same; reinstatement of injunc- ton; appeal.-The rule of chancery practice relative to reinstatement of injunctions and appeals from decrees dissolving an tpJunction. (Rule 1O1 Chancery Practif& Code D. l221 op- crates only In cases where the injunc- tion has been dissolved by order or decree of the court, either express or direct to that end, or of its own in- direct operation necessarily having such effect. as where a bill upon which an injunction issued. is dismissed
 Appeal dismissed.
 Opinion Per Curiam
The Montgomery advertiser., 1904-08-31

Dental Congress. the largest ever held. convened in Music hall today with
 more than 500 dentists from various parts of the world present. The off, ficers nominated by the Organization
The Montgomery advertiser., 1904-08-31

JOHNSON BROS. V. SELDEN EFT AL. Action of Assumpsit.-Appeal from the
 Circuit Court of Marengo.
 l. Pleading and practice: count up- on bond cannot be joined with common count.-A count seeking to recover an amount alleged to be due upon an &C., count stated, cannot be joined in the same complaint with a count seeking to recover a like amount due upon a bond or a promissory note; and such complaint Is subject to demurrer for such misjoinder.
 ?. Mortgagee and mortgagor; prop erty taken should be sold at fair value. Although under mortgage the mort. gee is authorized upon default therein to take possession of the per sonal property so conveyed and sell the same at private sale. yet in so sell ing the property at private sale for the satisfaction of his mortgage debt. 1t is the duty of the mortgagee to sell it at a fair and reasonable valua- tion: and upon hiA failure to do so, he becomes liable to the mortgagor.
 3. Action of assumpsit; set off.-In an action to recover an indebtedness secured by a mortgage, which author ized the mortgagee upon default to sell the property at private sale. where the defendant pleads set off. upon which plea issue was joined, 1t Is com potent for the defendant to prove the value of the property taken under the mortgage and which was sold by the mortgagee; and If 1t Is shown that 6 fair and reasonable value of said prop erty was greater than the amount for which 1t was sold by the mortgagee. the defendant mortgagor IS entitled to be credited with the difference.
 Affirmed.
 Opinion by DowdelH J.
The Montgomery advertiser., 1904-08-31

One Fare to Hot Springs, Arky Plus $2.OO, every Wednesday and Sat- urday until October 1st.. good for 60 days. Ask any ticket agent.
 adv-tu-wed- -thu-fri-sat
The Montgomery advertiser., 1904-08-31

O'NEAL ct al. vs TENNESSEE COAL,
 IRON & RAILROAD co. Statutory action of ejectment-Appeal
 from the Circuit Court of Jeffer-
 son.
 1. Ancient document; when admis- sible in evidence.-A deed purporting to convey lands, which shows on its face that 1t was not sufficiently execu- ted to operate as a conveyance of title. by reason of it's neither being attested by subscribing witnesses or its execu- tion being acknowledged by the grantor. is not admissible in evidence as an ancient document. without proof of its execution.
 2. Same; same; case at bar.-A deed of conveyance. purporting in its body to convey lands, which Is signed by the grantor making his mark. and there are no attesting witnesses thereto. nor any acknowledgment of It's execution. Is not admissible in evidence as an ancient document, without proof of its execution.
 Reversed and remanded.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1904-08-31

Committee are: pr. J. H. Burkhardt of
 Bavaria. N Y.. president: pr. A. w, Harland. New York city, secretary and Dr. Mark Finlay. Washington, D. C. treasurer.
The Montgomery advertiser., 1904-08-31
DIR. BUCHANAN, The Specialist. Treats Without the Knife, Without Pain or Loss of Time from
 Business.

Diseases of women-nervous. kidney, biad. der. skin. rectal and chronic diseases. Rs. member, in diseases of the womb and ovarieA. stricture. piles. fistuae and vAII- socele. don't cut give pain or stop you from work My treatment of gonorrhoeA bures aeuts aud chronic eases and does no: Dtricture. My treatment of the diseases os men Is seeo.d 10 nous in America l have treated these troubles for IL yearA 1 have n my office all 0L the msaern anu improved nech2nIcAl and electrical appliances. sVeEys thing from the X-ray, violet ray and vADor outfits down 10 the smallest batteries My treatments are soothing and beneficial There Is no exposure. l have .n constant aE. tendance at my office assistant DhysI- can and nurse. Our massage treatmsnk Ia all that can be desired. Write or cal. Office second and third fl0Ors 1Gh Ds4t,r Ave, Montgomery. Ala
 Hours. 10 5. Sunday h2urA. to IL and Q 10 A-
 [ cure cancer with the x-ray. I rub ana give the baths in syphilAzb
The Montgomery advertiser., 1904-08-31
PROCEEDINGS
 INSTITUTED State Moves to Get Capitol
 Square Lots. TO NAME COMMISSION Price of Lots to Be Fixed by
 Commission. Condemnation Proceedings Were Insti- tuted by Attorney General Will son With Local Attorneys-
 In the Probate Court.

Condemnation proceedings against the lots adjacent to the State Capitol building on the south side of the square, were filed in the office or the Judge of Probate of Montgomery Couh- ty yesterday afternoon in order that the work of extending and improving the Capitol may begin as soon as pos Sible.
 The title of the proceedings, Is the
The Montgomery advertiser., 1904-08-31
cHAPPELL ys. ROBERTS.

CHAPPELL vs. ROBERTS.
 Bill in equity to enjoin trespass upon
 land.-Appeal from the City Court
 of Montgomery. in equity.
 1. Bill to enjoih trespass; pendency of ejectment suit.--A bill in equity was filed by one claiming to own a certain lot, which was valuable for sand and gravel, and prayed to have the defen- dant enjoined from removing sand and gravel from said lot. A preliminary injunction was issued. Defendant filed a sworn answer denying the complaints ownership and alleged that he was the owner thereof. On motion to dissolve the injunction the court continued the injunction for twenty days and ordered the complainant to bring his action at law for the recovery of the land in question. Within the time allowed the complainant instituted his action of ejectment to recover the said land. in which case judgment was rendered on the merits in favor of the defendant. Immediately thereafter. the complaint brought a second action of etectment against the defendant to recover the same land. The second action was tried on it's merits and resulted in q Judgment for the defendant. From this judgment complaint appealed and excuted supersedeas bond. Held: That pending the appeal in the second action the injunction should not be dissolved.
 Reversed and remanded.
 Opinion by Haralson, J.
The Montgomery advertiser., 1904-08-31

Dental Congress Elects omeern. st. Louis. Aug. 29.-The International
The daily morning journal and courier., 1904-10-12
IoYE IN MEETING.

The Rev. IT. B. Williams. chairman of the committee on Sabbath observ- ance of the Rock River Conference of the Methodist Episcopal church, is ev- idently a man who believes in taking things as they are and making the best of them. And he isn't going to drive anybody out of the meeting house by being too particular how anybody be- hayes while in the meeting house. ''There is no reason why young per sons should not cultivate each other's acquaintance from behind hymn books" declares MT. Williams. we are glad to have them come to church on any pretext- Flirting is as good an excuse as any. That is how I first be- came interested in the church. FTivol' ity during religious service is, he says to be expected of Americans. But thai some good is accomplished, even un- der these conditions, he declares, is in disputable. "The expectation of see. ing young woman home has brought many a boy to church for the first time," he says. "Amid the love-mak- ing there is a chance for the religious influence to steal in"
 This will strike some of the old folks who are not fervently in love as rath. CT unwarranted, but the young folks will think it is pretty near right. Many young man goes to meeting because his girl does. and we suppose that some girls go to meeting because theil young men go there.
The daily morning journal and courier., 1904-10-12
AHEARrY PROTEST.


 What is called progress isn't always pleasing to all. The publication of project to connect the towns of sierre and Zermatt by new railroad to pass through the Zinai valley has provoked some angry protest in the English press from travellers who fear that the whole picturesque charm of Switzerland is in imminent peril of destruction by the speculative capitalist. The English Alpine club is adjured to follow the ex- ample of the Italian Alpine club. which defeated scheme for railroad up the Matterhorn, and of the Swiss Alpine club, which has prevented the erection of gambling casinos at many points. One writer who professes to be familiar with Swiss popular sentiment on the subject, says that ''there is deep and widespread feeling of sorrow and re- sentiment at the dissertation and de- struetion of the beauties Of their land which are being wrought by this pro- cess of exploitation by engineers and capitalists" but that the natives are powerless against the political influence wielded by the interested promoters. Complaint is made that the money thus gained all goes to the towns, and that, l while a few are enriched, the country as a whole becomes poorer; that certain callings formerly so characteristic of Swiss life-the voituriers, muletiers guides, find diminished employment or become extinct; that their enjoyment oi their own land is spoiled; and that the national character is becoming contam- mated.
 Much can be said in support of the objections to the proposed railroad, and much will be said. But 1t is hard to keeI smart men from making money out oi scenery or anything else that can be made profitable.
The daily morning journal and courier., 1904-10-12
' NEW HlsroRIo.aL soc1ErE.

New Haven has Historical Society, and it's usefulness is great. It is therefore encouraging to know that the Town and Country Club, at Fort Gib- son, has made arrangements to organ ize a historical society for the Indian Territory, to be maintained as de- pertinent Of the, club One of the old barracks, formerly a part of Fort Gib- son, will probably be used for the col- lection and as headquarters for the so- |ciety. The Indian Territory, which many people are inclined to look upon as new country, is replete in fistor- ical associations and especially in h. dian lore. The society will gather all the old laws and other documents in the tribal archives which have a bear ing on Indian history. Newspaper clip
 pings, relics and all data throwing light
 on the past history of the territory will also be gathered up and preserved.
 There are also many interesting stor- ies which are yet in legendary form that the society will endeavor to have confirmed and published for the histor- |ical collection. Fort Gibson, where it is proposed to establish the society, was the outpost of Western civiliza- tion in the early days Of the last cen tury, and is one of the most interest," ing places, from a historical stand
 point, in the great Southwest.
 Success to the Fort Gibson Histor- ical Society. Definite and accurate
 knowledge such as we'll conducted
 Historical Society can gather and spread is much needed.
The daily morning journal and courier., 1904-10-12

difference between an amateur and a professional actor.'' @
 Well. there's always this difference; When an amateur is mentioned in the papers he gets nothing but praise, and a professional usually gets a roasting. Philadelphia Press.
 Mrs. Gadd-"And how did you enjoy your stay at Newport, Jolnny?" Johnny Newport? We didn't go to no Newport" Mrs. Gadd-"o, yes, you did. Your mother wrote me you were all going there for the summer" John ny-''Why. we went down to gran'pa's farm-but there, now-ma told me not to say nuthin' about it."-Pittsburg Post.
 One of the dearest eases of absent mindedness on record was that Of a leading grocer of this city recently. Over the telephone came an order from wealthy customer for some oranges to be delivered during the afternoon. What are the prices?" asked the GUS tomer. "oh, we have them at all prices, from twenty cents a dozen up" Well, I'm not particular about the price. What I want is the quality and size" Wait moment. please" He went to the box containing his choicest fruit, selected a large, yellow sample, and
 hastened back to the phone. Holding
The daily morning journal and courier., 1904-10-12

their nest was easily found. It hung on the end of a. branch of mountain rhodo- dendron. The glossy, green leaves over hanging it were undisturbed in their po- sition, but were 50 built into the outer layer of papier- -mache covering as to give the nest natural concealment.
 Whether this was intentional or not, or whether the leaves simply became an obstruction as the nest was increased in size by dismantling the inside and building upon the outside, Ado not know. but the evidence was in favor of engineering. reason, intention, rather than accident. Hornets were the first users of wood pulp for paper manufac- ture. They make 1t from wood and leaf fibre, and there are both forethought and economy in tearing out the insides of their nest to make room for larger tiers of cells in which to raise their young, and in using the material to en- large the nursery. -Farm and Preside.
The daily morning journal and courier., 1904-10-12
SEoURE.

Wabash-''Is her position in society secure?" LakesideI should say so, Why, that woman hires a divorce law yer by the year. Town Topics. And did she really tell you her age?" asked the woman.
 oh. no" replied the man; just the age she tells people she is."- Chicago News.
 Tom Why do you prefer a thin girl instead of a plump one?
 Jack-Because a fellow can get so much closer to the heart of thin one. See?- Chicago News.
 How MT Gazzletools expression has hardened.
 Yes" answered Miss Cayenne. 'He used to have a mobile countenance. Now it is an automobile countenance. v Washington Star. An old fellow whetted his knife And growled: You can bet your sweet
 klife,
 While some things may be said
 Of the way cut braid, It is better than having q kwife.'
 Houston Post Sometimes it's pretty hard to tell the
The daily morning journal and courier., 1904-10-12
NOT ALL RAD FOR RUSSIA.

K Before and since the war in the Far East began we heard much about the inadequaey of the Siberian railroad. It may be inadequate, but one of the Rus sian correspondents of the London Times says that a competent foreign observer who has just returned from NIanchuria expressed great admiration for the manner in which it has been
 managed. Tn spite of the enormous difficulties, the bad construction of the line, and the insufficient number of sid- ings, there has been no serious break down. This is largely due, according to this authority, to the skill and energy of Prince Kilkoff, the minister of ways of communication, who has personally superintended the line, travelling con- stantly up and down it, with his head quarters at Irkutslx. The permanent way was straightened, new sidings built, and everything done to simplify the passage of Lake Baikal, pending the completion of the circumB Baikal line, which has just been finished. Ac- cording to this same traveller, the food supply of Manchuria is very large. The country can feed an almost unlimited number of men. This information is at variance with many other reports,
 but is declared to rest upon most trustworthy Foundation. If it is cor rect, the importance of it to both the combatants could not easily be exag- gerated.
 Perhaps the Russians have not been
 quite as badly off as they have been
 supposed to be. Anyhow, there seems
 to be fight left in the army that fell back so consistently and continuously.
The daily morning journal and courier., 1904-10-12
MAKING PETs oF HoRNETs.


 The female hornet has rapid-fire armament with a recoverable projee- tile. It uses it for attack and defence, and with remarkable aim and effi- ciency. The first stroke Of a hornet is as penetrating as an electric shock. At the base Of it's sharp sting there IS sack containing poison, which, when injection into the substasce of is enemy causes pain, swelling and discomfort, facts to whicr most persons are able to testify by experience. Should the in jection be upon the end of the thumb or onse. or upon the tongue. there is danger from it. Strong ammonia ap- piled to the wound is the best antidote. Yet the hornet when treated politely and with gentle ceremony is as docile as butterfly.
 In the mountains of West Virginia had a wire trap which, by the seduc- tive influence of molasses, persuaded the house flies infesting my stave built office to enter. Once within 1t they remained incarcerated until hot water cured. For several days a very persistent blacI-and-white striped persistent black-and-white striped hornet amused me by its futile en- deayors to seize flies from the buzzing borde of prisoners. At last it found its way in, and to my astonishment, after capturing a fly, found it's way out. It had remembered the way of its en- trance even in the excitement of the chase. It did not paralyze it's prey, as does the mud wasp and other species It did ont stop to eat a single fly So far as my observation extended It had d yiotualling job on hand, and attended faithfully to it. Such unselfishness ex- cited admiration.
 During one of it's absences I placed my hand over the trap entrance, and upon 1t laid a piece of ripe peach. Upon tho hornets return it lit upon my hand and ran confusedIy oyer it, yet soon tried to get under he covering fingers. Failing, went to the peach and took a hearty meal. While it was eating quietly nved my hand from the opening. After preening itself the hornet entered and continued it's fly raid.
 After many dozens of trips it brought a comrade with it, and personally con ducted it into the fly pound. Thereafter lthey always worked together. To be sure of this, by slow approaches of an affectionate finger I was enabled to stroke them while Iunching. I marked them both with a spot of red ink. Many continued experiences convinced me that hornets work in pairs, like de- tectives. Several other hornets from l the same nest visited the cage, tried to I enter it, but found the problem too much for them. Tn no instance did the pair offer these instruction or pay any attention to them. They all partook of lmy lunches freely and in harmony. But the favored pair guarded their secret. Were they selfish? Did they receive special plaudits at the home nest for ltheir phenomenal success in fly cap ture? Or were they simply governed l by hornet manners?
 grew fond of these winged warriors. | I introduced them to my several fingers by placing tempting sweets upon them. They learned to come to me after they had emptied the trap of prisoners, and lgradually became very companionable. Following the direction of their home
 flight, and noting the range of trees,
The daily morning journal and courier., 1904-10-12

how. unlike Botha. Delarey and De Wet, he spurned to touch the soil of England, and it sent an envoy to Brus- seIs, where the ex-president, now in fair health, is at present staying, to find out the truth concerning the dreadful runor of his submission to England" and his return to the Trans vaal. The interviewer found little con- solation. Tt is true" said Mir. steyn.
 'I am going to return to South Africa. The affair is all over."
The daily morning journal and courier., 1904-10-12
DIED GIVING ALARM or FIRE.

The heroism of a dog, a plain story of not uncommon animal intelligence which is not without it's pathos, has a. reused the interest of Bonneville resi- dents who almost overlook the nagni- tude of the service rendered in their expressions of regret at the outcome.
 Jack, pet by day a watchman by night, was the property of Herbert E- Bowman, a druggist in Magoun Square.
 Between 12.SO and 1 o'clock yester- day morning, the height of Jacks vigil, there occurred a fire in MT. Bowman's store, due, it is believed, to spontan- eous combustion. Jack was to 1t in a twinkling. With a bound he was on his feet the first smell of smoke. He was helpless, though not without realiza- tion of his trust The loudest bark was all he could give and he gave it. Leap ing about, madly at the front door and lifting his tones with all his tones with all his strength, he raised the alarm.
 Above the store where there are tene-
The daily morning journal and courier., 1904-10-12

ments occupied by ten persons in all, the cries of Jack gave first warning of the danger that lay beneath. Before the smoke had penetrated through the floors, every one of the sleeper had been aroused and hurried to a place of
 Meantime Jack had not ceased his efforts. His yelps. though not as fre- quent and as loud as at first, showed him mindful of his duty. The door was forced, though the smoke which burst out was almost nnbarable. Jack lay on the floor, dead. Suffocated, the firemen say.--From he Boston Globe,