davidaulloa/AmericanStories huggingface dataset:
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-03-11

refugee from Hsu Yien insists that
he has seen the Russians retreating
from the Yalu river and destroying
villages cnroute.
Kentucky to be Docked.
MANILA. March 1.-THE battle
shin Kentucky Of the United States
Asiatic feet, with Admiral Evans on
board. will sail for Hong Kong Sun
day. After being docked at that port
she will return here.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-03-11

Belt sets, real novelties Warnings.
3.tf
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-03-11

Mrs. standish win have millinery
opening the coming week.
The Montgomery advertiser., 1904-07-01
Opinion by Mcclellan. C. ].
MINER & KETT1G co. v. DeLoAcI

MINER & KETTIG co. V. DeLOACH
MILL. MANUFACTURING co. -.
Action of trespass and trover-Appeal
from the City Court of Birming-
ham.
]. Action of trover; bona fde pur-
chase no defense.-It is no defense to
an action of trover that the defendant
was the purchaser OF the property in
volved in a suit for value and without
notice of the rights of the real owner
=. Sale under attachment; caveat
emptor applies-In buying AT a sheriff 8
sale under attachment, the doctrine of
caveat emptor applies; and a purchaser
acquired no greater title than the de-
PENDANT in attachment had at the time
of the sale.
8. Trover: levy of attachment;
when property not in custody of the
law.-~Where, at the time of the levy
OF an attachment, the property seized
does not belong to the defendant in
attachment. but to another party who
has the legal tile to said property and
the right TO its immediate possessions.
the levy of the attachment is Illegal,
and the property seized hereunder is
not in gremio legis; and the real
owner of the property can maintain an
action of trover against the one who
purchases said property at the sheriff's
sale under attachment
4. Conversion: what constitutes
Any interference or intermeddling
with the property of another, or the
exercise of dominion over it, whether
by third person alone or in connec-
ton with others, in denial of the
The Montgomery advertiser., 1904-07-01
"THE HIGHLANDS OF ONTARIO FOR
YOUR HOIIDAYS.o

With the knowledge of what America
has to offer the summer tourist and the
rest and lth-seeker, the thousands
OF summer travellers who spend their
vacations in The Highlands Of Onta-
RIO" unhesitatingly pronounce the
Muskoka Lakes region the ideal, the
perfectly satisfying summer resort.
Such an ideal Is a combination of two
features-primeval nature in a perfect
bewilderment of beauty, charm and
variety, along with the facilities for
most of the modern necessaries and
conveniences. In addition to these, the
even temperature. the high altitude
$1,000 feet above the sea-. the health
giving ozone from pine, hemlock ana
fir, and the dark. soft waters of in
Vulnerable lakes, teeming with the
gamiest of fresh water fish. What
more has a weary. nerve-racked man
or lover of nature to desire?
Handsome. illustrated, descriptive
publications will be sent free on appli.
cation to G. w. Vaux, A. G. p. and T. A.,
s17 Merchants Loan and Trust Build
ing, Chicago. adv-fri.
The Montgomery advertiser., 1904-07-01
Opinion by Dowdell. ].
MOBILE. JACKSON AND KANSAS
CITY RAILROAD co. v. MIDDLE

-
MOBILE, JACKSON AND KANSAS
G TnM RAILROAD CO. " MIDDLE
Bill in equity to enjoin railroad COM
pany from laying it's track in
street of a city-Appeal from the
Chancery Court Of Mobile
l. Injunction; when decree grant
ing injunction during term of lease is
not erroneous-When the owner of a
leasehold estate in property abutting
upon the street of a city, files a bill
to enjoin the defendant from building
its railroad track along said street, and
under the facts and conditions exist
ing at the time of the decision of the
case, as presented by the pleadings and
evidence 1T is shown that the respon-
dent had no right to build its railroad
track along said street, and under the
facts and conditions existing at the
time of the decision of the case, as
presented by the pleadings and evil
dence, 1t Ia shown that the respondent
had no right to build It's railroad in
that part OF said street upon which the
compliments leasehold abutted, and
there is no suggestion. either by
pleading or proof, that other and diff
ferent conditions might arise in the
future during the term of complain
ants lease which would give respon-
dent such right. a decree granting the
relief prayed for and enjoining the de-
PENDANT from building and laying its
track upon said street during the term
of complainant's lease. is proper and
free from error; and there is no reason
shown for a modification of such de-
cree, SO as to limit the operation of the
Injunction purely to the conditions ex-
listing at the time OF the hearing.
Affirmed.
Opinion by Mcclellan. C. j.
The Montgomery advertiser., 1904-07-01
BLANKS V. MOORE.

Action upon a Promissory Note. Ap-
peal from the Circuit Court OF
Chambers.
/. Pleading and practice; unneces-
sary for replication to sho winterest of
plaintiff in written instrument when
such facts shown by special plea so
rcpiied TON a suit on a promissory
note. given for the premium on an
insurance policy, where the special
plea sets up failure of consideration
and false representation by the plain
tiff who was the agent of the insur-
ance company, as to the provisions
which the policy was to contain. a re-
plication setting up estoppel, and which
AYERS that at the time of the execution
of the note, the defendant signed IA
written application for the insurance,
in which he agreed that said applica-
ton and policy should constitute the
entire contract. and stipulated that no
statement or promise of the agent of
the company should be binding unless
reduced to writing, is not subject to
demurrer. upon the ground that it
fails to show that me plaintiff was a
party or privy to said contract of in
surance; the averments of the special
plea being sufficient to show plaintiff 5
privity of interest
2. Same; written contract; cannot
be varied by parol agreement.-A con-
tract In writing cannot be contradict
ed or varied by contemporaneous parol
agreement; and a replication to a plea
which shows that the defense set up
In the plea was an attempt to vary or
contradict by parol evidence a written
contract, Is a sufficient answer to said
plea. and is not subject TO demurrer.
Affirmed.
Opinion by Dowden ].
The Montgomery advertiser., 1904-07-01

| NUNNELLY v. BARNES EFT AL.
statutory Action of Ejectment. Appeal
from the City Court of Gadsden.
l. Bill to enforce vendors lien; sub
purchaser proper party to bill.-A sub
purchaser of part of land, which is
subject to vendors lien, having re-
cefved a conveyance from his imme-
date vendor, Is neces sary party to
bill to enforce a vendors lien in
favor OF the original vendor ran as.
signee of note given for the I'M
paid purchase money due the original
endor.
2. Vendors lien; decree enforcing
same not binding upon a sub-vendee
who was not a party to a subtitle
owner OF property. while in possession
executed a warranty deed in which
there was recital that the grantees
therein had given the grantor pur-
chase money notes for the deferred
payments. The grantees in said deed
subsequently, sold and conveyed said
lands. Upon the judgment recovered
against the sub-vendees. execution
was issued and levied upon said lands.
which were sold under said execution
and from the purchasers at the execu-
tion sale the plaintiff purchased and
received deed to said lands. There
after the transferee of the notes taken
by the original vendor upon said notes
not being paid, filed a bill against the
grantees In the original deed to enforce
a vendors lien. Neither the sub-ven-
dees nor the plaintiff were made par
ties defendant to this bill. decree
was rendered granting the relief pray
ed and ordering the land sold. At the
sale of said land. the defendant, who
was a transferee OF said note and the
complainant in said bill became the
~
forcing the vendors lien was not eff
fectual to divest plaintiffs title and
that in an action of ejectment plaintiff
was entitled to recover.
Reversed and remanded
Opinion by Sharpe. ].
The Montgomery advertiser., 1904-07-01
UNLOADING BAD COINS.
INSCRIPTIONS Trick Ascribed tC a
Gotham BOOtbIack.

There is a bootblack stand downtown
that cost $3.50. The owner calls him
self fly Italian" He is clever at I'M
loading bad money on customers, says
The New York Press If you give a
quarter to be changed after a shine he
will snap 1t hard upon the bottom of
the little cash drawer. pretend it is
bad. deftly pick up one of his own that
is part lead and hand 1t to you. saying,
mo gooda." You guilty give anoth-
er coin, obtain the correct change and
pass on, wondering where YOU found
that bad quarter. and how you shall get
rid of 1t.
The Montgomery advertiser., 1904-07-01
CHEAP RATES VIA WEST POINT
ROUTE.

Summer School at Athens, Ga, July 5th
to August 9th, 1904
For the above occasion. the sale of
round trip tickets to Athens is author.
lied, under the following conditions;
Rate: One first-class fare. plus Csc,
for the round trip, Dates of sale:
July End. 3rd. 4th. 18th and 18th. 1904.
Final limit: Tickets should be limited
for fifteen days from date Of sale.
Extension of final limit may be Sc
cured by depositing ticket with Mr.. Jos
Richardson, Special Agent. Athens Ga,
TO Sept. Goth, and upon payment of fee
of fifty cents.
or call on G. 3. Tyler, C. A,
adv-tf. Montgomery. Ala.
The Montgomery advertiser., 1904-07-01
Vacancies on Account of designations
In Houston and Bibb.

Two county registrars, one in Bibb
and one in Houston county have de-
clined to serve and have sent In their
designations to Governor Cunningham
II. Purcell from Houston county has
announced that he did not care to con-
tinue the rather exacting work of
county registrar and a similar notice
has been sent into the executive Office
by Jacob Lillich of Bibb county. The
State BofVd of Registrars will in the
next few days hold a meeting to fill
the two vacancies.
Under the general election law the
county registrars may open their books
to-day for the registration of voters
under the permanent plan of the con-
stitution or IL they saw fit to do so
they may wait until the first of Octo-
Der before beginning registration.
The Montgomery advertiser., 1904-07-01
FRUIT OF A TREE is SOAP.
Product of Algerian Plant to BE IT'LL
iced by Manufacturers.

Frank w. Mahin. the United States
Consul at Nottingham, England, sends
q copy of the LEICESTER Hosiery Trade
Journal. which contains an account of
an enterprise in Algeria to manufacture
natural soap on a large scale from "a
tree known as sapindas utilis.
2 This plant, which has long been
knows in Japan. China and India, bears
q fruit about the size of horse chest
nut smooth and round. The color va
ries from a yellowish green to brown,
The inner part Is of a dark color and
has an oily kernel. The tree bears
fruit in it's sixth year and yields from
nfty-five to 220 pounds OF fruit, which
can easily be harvested in the fall
BY using water of alcohol the sapon-
aceous ingredient of the fruit is ex-
tracted. The cost OF production is said
10 be small and the soap, on account
The Montgomery advertiser., 1904-07-01
THE NEWS OF AUBURN.
Good Rains Come in Time to Rescue tn.
Crops.

crops.
Auburn. June Especial. )-This
section has been visited by two excel
lent rains, which came just in time 10
rescue the crops
Professor f. r. Miller OF the Depart
ment of Pharmacy is spending his va
cation at the University of Michigan.
He is accompanied by Mrs. Miller.
Dr, F. NJ. Wilcox is working in the
laboratories OF the Bronx Park Bo-
tanical Museum. New York.
Professor A. st. c. Dunstan Is in Phil
adclphia on professional business in
electrical engineering.
Allen G. Jones of Selma has been
awarded the scholarship in electrical
engineering for the ensuing session.
Among the visitors in town are DR.,
F. NJ. Mason, a student at the Johns
Hopkins Medical School. DIR. Stan
Persons. wife and child of Montgom
cry, Miss Lucy Banks OF Opelika. Mrs.
E. G. Boyd and Mrs. w L. Fleming and
daughter of the University Of West Wiz
The Montgomery advertiser., 1904-07-01

Electric lighted dining cars are on trains
! and between Birmingham and New Or
leans Lebanon and Cincinnati; also on
trains 2 to between Montgomery and
NashvilG. Service la carte.
New and handsome chair cars (seats
free) operated trains l and between
Cincinnati and New Orleans High back
seat coaches and chair cars are also run on
all through trains between Cincinnati
Louisville. St Louis. Evansville, Memphis
Nash ant>-New Orleans.
Tru" No. l carries through Pullman.
from chicago. Cincinnati and New York to
New Orleans
Train No. carries through Puilmans
from Cincinnati and New York to New
Orleans and st. Louis to Jacksonville; also
through tourist sleepers to San Francisco
The Montgomery advertiser., 1904-07-01

leaving Montgomery at 9:35 p. m Tues.
Wed. and Sat via New Orleans and South
ern Pacific.
Train No. carries through pullmano
from New Orleans to New York and Cincin-
natl and Jacksonville to St. Louis, making
connection at Nashville with through sleep
er tcs. Chicago
Train No. carries, through Pullman
sleepers from New Dreams to New York,
Cincinnati and Chicago without change.
All through trains make close connection
at Cincinnati. Evansville ST. Louis and
New Orleans for all points North, South,
East and West
For further information pertaining to
rate, routes and schedules consult ticket
agents l.. & N. r. r. write or call on
W. L. BEASLEY, Pass. Agt.. Union Station.
The Montgomery advertiser., 1904-07-01
PETERMAN v. THE STATE.
INDICTMENT for carrying concealt
weapons-Appeal from the Circu

IndIctment Tor Carrying concealed
weapons-Appeal from the Circuit
Court OF Henry
l. Bill of exceptions: when will not
be considered on appeal-Where & bill
OF exceptions is signed in vacation, but
the record does not show that there
was any agreement by counsel or order
of the court. in term time. which ex-
tended the time for the signing of the
bill of exceptions beyond the term of
the court. such bill of exceptions will
not be considered on appeal; and this
is true, even though 1t contains a re-
cital to the effect that the order was
made by the court fixing the time in
vacation for the signing of such bill
of exceptions.
Affirmed.
IoyI
The Montgomery advertiser., 1904-07-01
3 6::yS&5 II
Louisville & Nashville R. R.
THE WORLDS FAIR ROUTE.
The quickest time, most direct route
rom all points South to ST. LOUIS.

Round trip tickets are sale daily al
,he following rates: S, 81,
slS. iO.-oood for return WITHIN 10 dAy'
70. ar3 21lNGood for return within 90 dayl
from date OF sale. -.
ssi so.-oood for return until December
18th .
sASS u. 16. FL, %, IS and 80. Tickets al
this rate not good in slsepers.
Through trains carrying Pullman sleep
chair Cars (seats free). High Back
So Coaches and Dining cars (service A
ia carte), leave Montgomery at s.2s q. m
ana d. IS D. M. arriving ST. Louis the fol.
San-,ng day at I. &c a and l. 80 p. m
Tnr further particulars call on ticket
.xsnts. L N. r. r. or write or call on
Walter I. Beasiey. p. A.. Montgomery. Ala
The Montgomery advertiser., 1904-07-01

Trans 81 and IS garry Pullman
for Meridian m " ~
B. A Selma
PandG M. Ga '~N'~ N"' NHAo
The Montgomery advertiser., 1904-07-01
Head-Notes Of the Decisions
Of Alabama Supreme Court

owners right constitutes a conversion
OF said property, for which trover can
be maintained. although such person
had not complete manucaption of
the property.
Affirmed.
Opinion by HARRISON, J.
The Montgomery advertiser., 1904-07-01

of possessing no alkaline qualities. is
claimed to be superior to the ordinary
soap of commerce.
The Montgomery advertiser., 1904-07-01
Seahoard Air Line nv,
Arrive
Daily.


6e4Se ,.. Arrive
Oeliy' MontSouery Ala Daily.
6:ooaml Hurtsboro, Columbus kIcn-J
pand. Albany. AmericuAi
lCordsle. Jacksonville Nal
icon lvia Cordele). Savannah
and points East. 7:5Apm
Via Western hallway
and Atlanta
s34eamIFor RaIeigh. Norfolk. Old 3.9oar.
Point Comfort. Petersburg
Richmond, Washington, Bali
fillmore, Philadelphia, NewI
York and all points East
Pullman Sleepers Atlantal
Ito Norfolk and New York
Dining service on poonl
L:sopml train from Atlanta I o:2,lnun
6:30pml Union Springs, Ala, andI
points Seaboard betweeni
Montgomery and Fl DaviR
I4olid for Unionl
ISprings; no change OF carsi S:I6am
Delightful kai and Water "trip the Ear
via Norfolk or Savannah. Apply to Chas a
Hicks. c. A.: s. T. suratt, U. T. A. Mont.
Eon.sry. Ala, for inll informa Won or CnArlss
sDany except sunday.
The Montgomery advertiser., 1904-07-01
ginia at Morgantown. Mrs. ]. NJ Mason

GINA a MOrgantOWn, MIS-. ]. NJ MaSoN
of Evergreen.
Senior D. Sanchez of Masaya, Mica
ragua. has been visiting his son. Angel
Estaban Sanchez who is a student al
the A. P. !.
Jesse w. Boyd. L. S. A., is here on a
visit to his mother.
Prof. J. J. Wilmore and family havs
returned from an outing on the Gull
shore near Mobile.
The Montgomery advertiser., 1904-07-01
THE OvERwORKED EYE,

the Faded Eye. the Red and Innamed
Eye, the Eye that needs care. relieve
ed by Murine Eye Remedy. An Eye
Tonic. fri
The Montgomery advertiser., 1904-07-01
COUNTY REGISTRARS RESIGN.

Camille at Casino tonight and Satur-
dny matinee by special request.
The Montgomery advertiser., 1904-07-01
FANCY WAIST Aa4a.

FANCY WAIST GORED
s
a be
in
which like
Of the
s hboth the
al the de
whic
To make of
3 yards inches
Manton
orof o be adore
The Montgomery advertiser., 1904-07-01

NEW PAST TRAN TO So. LOUIS.
Inaugurated June 9Th. Nv. Montgomery
925 m daily Dining cars serve all
meals, la carte. Train is vide vestibuled
and consists OF handsome day coaches.
drawing room and library observation
sleeping cara Write p. S. Hay. s. f. p. A..
M & o. R r.. Montgomery. Ala, for all
Information
The Montgomery advertiser., 1904-07-01

Opinion by HARRISON, J.
The Montgomery advertiser., 1904-07-01
The Western Railway of Alabama.

oe1e0o1e
SHOWS leaving time unless otherwise stated TT
READ rAr
The Harrison times., 1904-08-20

The Street t.
nounce that premium hstYM
grain, farm products will be pubfyq
ed next week.
The interior of tunnel c. has all
| been removed, and the entire force is
now busily engaged in preparing for
1.-THE track inside the tunnel, and by
lSeptember track will be laid to that
point.
w. REYNOLDS, of Muscatine, Iowa,
has been looking over the country
with Capt. Potter, hunting d loca-
ton for a large saw-mill. He is
hunting timber in tracts of 1900
acres and upward. The Captain
thinks he has just about what he is
looking for, within 6 to Is miles of
railroad transportation.
DIR. H. Derryberry, of Monarch,
died on Aug. 10Th. He was 81 years
old and was one OF the early settlers
of the section; fully half a century
ago he led the earliest mining oper-
ations of the section, and has been
the discoverer of many valuable zinc
and lead deposits. He was man of
sterling character and highly esteem
ed bv all who knew him.
e. c. Bunch, of Stafford, Ar
iona, and n c. Bunch, of Berryville,
sons of Bradley Bunch and cousins
of John A Bunch, of Harrison, came
in on Friday of last week. on a visit
to their cousin E. c. Bunch has
been in Arizona, for over % years,
having gone there when he was but
16 years old, but in spite of his long
absence, desire to see the old home
proved too strong, and he had to re-
turn to "Old Arkansaw," although
only for a short visit.
Read ]. Sam Tyson's ad. in this
issue.
The Harrison times., 1904-08-20
Attention! Everybody!

We will commence a series of meet
ings next Sunday, August 21st as
sisted by the Rev. F. ]. Tylor of
Columbia, Tennessee. Mr.. Crozier,
the singer, requests the choirs of the
city and all who will cooperate with
us i'll singing to meet at the {. p.
church Saturday night.
w. c WHEAT.
The Harrison times., 1904-08-20

1onse question.
|Coulphur Mountain still continues
to have a great run of Sunday visit
What Is to prevent our Evapor-
ator doing business this good fruit
year?
Let every merchant prepare a
display of his goods on the street
fair DAYS
I Every Harrison merchant should
erect and decorate booth for the
Street Fair.
-"Cahve dat wattahmillum" ap-
pears to be the favorite song in Har-
rison at present
| Fine apples have been coming in
tor some time, and soon the big ap-
pie rush will begin.
"Wednesday was Jeff Davis dav.
and there was a large crowd in town
to hear the Governor.
| The excavation for the sewer for
the government building is ready for
/ the laying of the sewer pipes.
Investors looking for ttrnber
lands are very numerous in Boone
and Newton count .eS these davs.
i Pearl Smith has skipped OUT
the second time, giving her guard
the slip some time during Monday
night.
The Rocket, a new paper recent
ly started at Calico Rock. has sus-
pended publication, from lack of pat
ronage.
Mt Parthenon has a big politi-
cal picnic to-day, and Republican or
ators Will be very much in evidence
at that place.
Those musical Italians have been
filling the north side with music
strange words, broken English and
other little things the past week.
"A railroad map of Arkansas has
been issued by the railroad COM
mission, giving every line of road in
the state 1t is a valuable map.
"A house belonging to Frank
Taylor and DIR. Johnson, below the
freight depot, was burned last
Wednesday night about midnight.
The first burning at the brick
yard is about finished, and some
thing near 100000 brick will be
ready for the government building.
The various committees appoint
ed by the Commercial Club, should
get together and arrange a program
for their different depaI --nents now.
SOMEBODY is selling liquor in
Harrison cor~---nd the authorities
should 5is9 1t for them Several
drurt ,5raced our streets this
"A sign posted in the court ward
reads: Please throw your melon
rInds outside Coed enough. The
park should be kept in a cleanlv con-
<iition.
The Harrison Military Band left
Friday morning for Ponca, where
picnic today. They viii return
Sunday.
-Arkansas Day at the Worlds
will be September 22nd- a big time
is expected, and carload of our
famous big red apples" will be Civ
| en- away.
Our Italian ''cits" engaged in a
mimic. ..JaPO-Russo war last Monday
evening, III which the accordion play
ed prominent part in laying one or
! two out
There are only two critters
that hiss" said Artemus Ward, lone
is a goose, and the other a two
legged critter that claims more but
has less sense"
The TIMES force Is under obliga
tions to John Maxey for a box o
lucious grape. grown in his vineyard
They were as fine as anything w
have seen grown anywhere