davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-08-25
HeAd-Notes Of the Decisions
Of Alabama Supreme Court

the city council at the commencement
OF the fiscal year, to make a budget
Of the probable receipts and expendi-
lures for government purposes, for
the ensuing year gives authority to
make expenditures for govern
mental purposes. blu. there Is
neither In the charter or any
other statute. legislative authority to
make the interest on the bonds and
accounts OF such municipality an item
OF expenditure for the administration
of governmental purposes. such items
of interest on bonds and accounts is
unauthorized in the budget required
to be made. and constitutes an excess
over necessary current expenditures;
and the city council OF such municipal
fty has no right to estimate this in
terest as governmental expenses and
to appropriate the amount Of the pay
ment Of interest on the municipal
bonds and accounts, so as to defeat
creditors of the municipality in their
efforts to have their claim against
such city satisfied.
.. Same: general creditor entitled
to mandamus.-A Judgment creditor Of
q municipal corporation can. by man
damus, subject any surplus revenue Of
q municipality to the payment OF his
judgment in the same way.
.. Judgment in actior OF tort: con-
stitutes a debt and survives death
of plaintiff.-Where. IN an action Of
tort to recover damages for personal
injuries. a judgment has been recov-
cred, such Judgment becomes a debt
due from the defendant therein to the
plaintiff, and as such, survives the
death Of the plaintiff and can be en-
forced by the personal representative
of the plaintiff therein.
AfYirmed. Opinion by HARRISON. J.
The Montgomery advertiser., 1904-08-25
PARDON APPLIED FOR
DUNCAN CASE REVIEWS HIS APPLI-
CATION.
Mobile Physicians Write the Governor
That He shows Evidence of Pull
mOnary TrOuble-Particu-
lnrs Asked For.

The effort to secure a pardon for
Duncan Case. the young white man Of
Mobile. who Is serving a three months
jail sentence for assault and battery,
has been renewed. Governor Cunning
ham has been informed by two physi-
clans of Mobile County that Duncan
Case shows evidence Of pulmonary
trouble.
The Governor has not yet taken any
action in the matter beyond writing
the Mobile physicians for further par
ticulars as to Cases condition. What
ever action Is taken In the Executive
Department on Cases application will
be taken upon the information furnish
ed by the physicians. The Governor
has written the physicians, asking
them to make a further and more de =
tailed statement.
Duncan Case and his cousin, Birdie
Case, son and nephew of Police Chief
John Case. were convicted of assault
on Philip Cosminskey, a newspaper re-
porter of Mobile. Cosminskey after q
newspaper controversy with Chief Care.
was met on the street by ID Iprsn and
Bird Case and in the fight that follow
ed. he was badly beaten. The two
Cases were convicted of assault and
battery and sentenced to three months
imprisonment
An application for their pardon was
Immediately made, but the Governor
refused the APPLICATION. A new appli-
cation is now made for the pardon Of
Duncan Case on the grounds that he is
a sufferer from pulmonary troubles.
The Montgomery advertiser., 1904-08-25
Session of the Interstate Association
Mt Ct. U.Oufa

Session of the Interstate Association
mt st. Louis.
st. Louis, Aug. 24.-The session of
the Interstate Association of Live Stock
Sanitary Boards today was devoted to
listening to and discussing papers read
by different State veterinarians, per-
tanning to live stock diseases and con-
ditions.
DR.. Thomas Morris. a member Of the
sanitary board of Oklahoma, delivered
the first address on Conditions of Cat
tie in Oklahoma" DR.. r. T. Eiseman,
State Veterinarian of Kentucky, spoke
on Inspection of Cattle Handled
by Express Companies. The last paper
was read by DR.. Klein. agent Of the
Bureau of Animal Industry. who has
been working in Texas. He talked on
experiments in dipping Southern cat
from fever ticks.
The committee appointed to consider
applications for changes in the time OF
shipping cattle to the North, decided
that the present established open sea-
son should stand. with a few changes
In different districts of Oklahoma,
which will be announced later, and the
committee will make recommendations
to this effect to the Department of Ag-
riculture.
The committee to consider a possible
change in the quarantine line estab-
lished last year decided that the pres
ent boundary should not be changed,
and will so recommend to the Depart
ment of Agriculture.
The following officers were elected:
President. DR.. r. B. Smith. Monticello |;
Vice President, DR.. w. j. Moore, San
Antonio. Texas; Secretary-Treas
DR. s. II. Ward, Minneapolis.
The convention then decided upon
Guthrie, Ok, as the place for holding
the convention next year. and adjourn
ed.
The Montgomery advertiser., 1904-08-25
brakes Palmetto wilma.

Every sufferer gets a trial bottle free,
Only one small dose day of this wonder
full tonic Medicinal Wine promotes per-
feet Digestion, Active Liver Prompt
Bowels. Sound Kidneys. Pure, Rich Blood,
Healthy Tissue Tissue. velvet Skin. Robust
unfailing specific for catarrh OF the Mu-
cous Membranes of the Head, Throat
Respiratory Organs. Stomach and Pelvic
Organs. brakes Palmetto Wine cures
Catarrh wherever located. relieves quick
~, has cured the most distressful forms
OF Stomach Trouble and most stubborn
cases of Flatulency and Constipation;
never fails, cures to stay cured. Seventy
five cents at Drug Stores for a large bot
tie, usual dollar size. but a trial bottle
will be sent free and prepaid to every
reader of this paper who writes for IT,
A letter or postal card addressed. to
Drake Formula Company. Drake Build
ing, Chicago. ILL.,, is the only expense to
secure a satisfactory trial Of this wonder
full Medicinal Wine.
For sale by E. G. Fowler and other lead
ing druggists. tu-thu-sa-su.
The Montgomery advertiser., 1904-08-25

slaurht of the weevil. but to resist
that attack the white staple.
The new plant. with 1875 other spe-
cies of cotton, Is now under cultivation
at the department experiment station
in Texas. whether the plant will
come up to the expectations cannot be
told until the cotton season Is done. and
an opportunity has been given to COM
pare results.
The plant is the result Of five years.
work on the part Of Herbert J. Weber.
Chief of the Laboratory of Plant Breed
ing. He selected several plants of DIFF
ferent species. and. by a process of
grating, developed the plant which he
now thinks will bid defiance to the
boil weevil and all diseases of the cot
ton plant.
He first selected a light grade of cot
ton. and by assiduous research found
several plants that would resist certain
diseases. These he grated and has
continued so doing for the last five
years. always selecting some plant
having certain resisting qualities. 1t
is impossible to tell whether the cotton
from the plant so developed will be
of as fine a quality as that now grown,
but IL IL Is, another step will have been
taken toward the determination Of the
different pests
The Montgomery advertiser., 1904-08-25
TO SURVEY THE SOIL
SURVEY OF MONTGOMERY COUNTY
IS ORDERED.


A soil survey will be made OF the
counties of Montgomery. Wilcox and
Pike under the direction Of the United
States Department of Agriculture
During last winter and spring the
Agricultural Club of Montgomery start
ed a movement to have this work done.
The matter was referred to Col. A. A.
wiley, representing the Second District
of Alabama in Congress. and Colonel
Wiley Immediately lent his efforts In
that direction.
Yesterday he received the following
favorable reply from the Department:
August 10. 1904.
Hon. A. A. Wiley. Montgomery. Ala:
Sir-I beg to acknowledge receipt of
your letter Of August 10.
am glad to state that arrangements
have already been made for the survey
of Montgomery County. Alabama, which
is to be started on October I, the party
being in charge Of Mr.. w. e. McLen-
don. 1t will probably take the party
about three months to complete this
work. I hand you herewith a marked
assignment sheet of the soil survey
parties for the field season Of 1904
Trusting that this arrangement Is sat-
isfactory to you. have the honor to
be. Very respectfully,
Willis L. Moore.
Acting Secretary.
Assignment Of scil-Survey Parties for
the Field Season, 1904.
The following changes are made In
the assignments Of the soil-survey par
ties for the field season of 1904 to meet
the exigencies of the public service, and
are issued as an amendment to the
assignment cards Of March 10 and May
| 1, 1904.
McLendon, w. E.. and Carr. NJ. E.,
on July 1 will continue the survey Of
the Saginaw. Mich, area, comprising
parts of Saginaw Bay. Tuscola and HUI
ron counties, with headquarters at
Saginaw. Upon the completion of this
area Mr.. McLendon will proceed to
Montgomery. Ala, ana survey Mont
gomery County. being assisted in this
area by Mr.. Mann
| Wilcox and Pike counties will be
surveyed after Montgomery.
| The demand for these soil surveys
have been SO numerous that the De-
partment has been compelled to scatter
its work among the different Congress
sional districts according to chronology
ical order.
| Colonel Wiley says that in the course
of time the entire district will be sur
veyed.
The Montgomery advertiser., 1904-08-25

Two More Grand Larceny Charges
DOcketed.

Two more charges, one Of grand lar
ceny and larceny of rug. were docket
ed against Will LeGrand. the negro ar
rested some days ago and found to have
a lot of stolen property in his house
on Holt Street, and who Is held at po-
lice headquarters on several charges
of larceny.
The grand larceny charge was pre-
ferred by Warren 8. Reese on account
Of the watch identified by him Tues
day among the stolen goods as belong
ing to his sister, Mrs. Minnie Reese
Richardson. Mr.. p. ]. Minderhout iden
tilted one of the rugs as belonging t.
him, which was stolen some months
ago from his residence. He preferred
a charge of larceny against LeGrand.
Special officers of the police depart
ment are at work on the case. and Il
is expected that enough evidence will
be gathered to keep the negro out OIL
mischief for a good while.
The Montgomery advertiser., 1904-08-25

Tired Mothers. It's hard work Ia
take care of children and to cook
sweep, wash, sew and mend besides.
Tired mothers should take Hoods Sar-
saparilla-it refreshes the blood, i'm
proves the appetite. assures restful
sleep. and helps in many ways.
adv-tu- TIM -ati.
The Montgomery advertiser., 1904-08-25

WOOD VS.. POTTS & POTTS.
Bill in Equity by creditors to set aside
voluntary conveyance.-Appeal from
the City Court Of Talladega, in Equi-
ty.
1. Voluntary conveyance; void as to
existing creditors.-A voluntary con-
Veyance Is void per Sc as to existing
creditors. without regard to the in
tention of the parties or the financial
condition of the grantor, or as to the
kind, value and extent of the property
conveyed.
2. Deed: love and affection not a
valuable, as distinguished from good
CONFERENCE.-The love and affection
of a grantor for the grantee in con-
veyance. is not a valuable. as distin-
guished from good, consideration
for such conveyance, and IL no other
consideration exists, such conveyance
is voluntary as to existing creditors.
3. Deed of conveyance to married
| woman: when support of grantor dur
ing life not sufficient consideration
Where. in a deed of conveyance to q
married woman, executed in 1892, the
| consideration expressed Is a promise on
the part of the grantee to support and
maintain during his life. the grantor
and 1T is not shown that the grantee
husband, in writing, assented to or
concurred in the alleged promise Ia
support the grantor. such promise is
not binding and enforceable as a valu-
able consideration for such convey
ance, so as to make such conveyance
valid as to existing creditors; the
| statute existing in 1892 making a
| married woman incapable of contract
ing except with the assent and con-
currence of her husband in writing
| (Code. Sec. 2346.)
4. Bill by existing creditor to sub
ject land conveyed by voluntary con-
MISUNDERSTANDING creditors of a gran
tor in a voluntary conveyance can
under the statute. Code, Sec. 81S)
maintain a bill to subject the lands
conveyed in said voluntary conveyance
! to the payment of their claim, without
regard to the sufficiency of the legal
assets belonging to the estate of the
| grantor.
| Affirmed.
Opinion by Sharpe. J.
The Montgomery advertiser., 1904-08-25

MAYOR AND CITY COUNCIL OF AN
NISToN v. BURT. ADMIR-. &C.
Petition for Mandamus to require Mu-
nicipality to pay JudEment.-Ap-
peal from the Circuit Court of CAL
houn.
l. Municipal corporation: interest
on bonds not item of expense for gov
ernmental purposes.-Where the char
ter Of municipality, after requiring
The Montgomery advertiser., 1904-08-25
New Cotton PI"-t May RevoIutionIze
Industry.

Washington Telegram to the st. Louis
Republic.
Agricultural Department are realized,
at the end of the present season the
cotton boil weevil will have been dealt
another hard blow. The experts think
they have developed a plant hardy
enough 70 Withstand not only the on
The Montgomery advertiser., 1904-08-25
Reversed and remanded.
Opinion by Dowdell. ].
KEITH EFT AL VS.. McCORD.


Billin Equity against sureties on
Bonds of Deceased Administrator for
+ acknowledged from the Chan
Gerry Court of Jackson.
1. Bill by Distribute against sure
ties of deceased administration for set
Element; proper parties to bill.-When
the Distribute of a decedents estate
files a bill in equity against the sure
ties on the bond of the deceased ad-
ministrator, to compel a settlement Of
his administration, and 1t appears that
there are no outstanding debts against
the estate, 1t Is not necessary that the
decedent's estate be represented by the
administrator. and there exists no ne
essity for the appointment Of an ad-
ministrator de bonis non.
2. Same. same.-1n such suit,
where one of the distributes has been
paid her distributive share of the de-
cedent"s estate in I: ii, 1t Is unnecessa-
ry that her husband and children
should be made parties defendant. or
that upon the death of such distribu-
tee her estate should be represented
by the administrator. .
8. Same, same.-In such a case. II is
not necessary that the estate Of the
deceased administrator should be rep
resented by an administrator; the bill
being filed against his sureties.
4. Same, same-In such case,
where the deceased administrator WIS
one of the distributes OF the decedent' s
estate. the administrators estate should
be represented in the litigation by the
administrator. but where no admins
tration has been taken out upon his es-
tate, the bill Is not subject to demur-
rer for failure TO make his administra-
tor a party defendant: since the court
may appoint an administrator ad litem
in pursuance of the statute, Code,
Secs. 352. $500
Affirmed.
Opinion by Tyson, J.
The Montgomery advertiser., 1904-08-25

A petition in voluntary bankruptcy
was filed yesterday in the United
States Court by NJ. F. Whaley of En-
terprise. Coffee County.
The Montgomery advertiser., 1904-08-25

One Fare 20 Hot Springs, Ark,
Plus $500. every Wednesday and Sat-
urday until October 1st., good for so
days. Ask any ticket agent.
adv-tu-we -thu-fri-s
The Montgomery advertiser., 1904-08-25
LIVE STOCK SANITARY BOARDS.

MIsFTTs MADE TO FIT.
Hollis Dye Works. 100 9. Court.
The Montgomery advertiser., 1904-08-25
KARTHUs EFT AL VS.. NASHVILLE
CHATTANOOGA d ST. LOUIS.
RAILROAD CO.

KARTHUs EFT AL vs.. NASHVILLE.
CHATrANOOGA q ST. LOUIS.
RAILROAD CO.
Action of Trover and Trespass.-Ap-
neal from the Circuit Court OF Mad
ison.
4 Action of trover and trespass:
plea in abatement to jurisdiction; when
should be stricken.-Where comp
laint In an action at law contains two
counts. In one OF which the court has
iurisdiction as to the subject matter
and as to the subject matter of the 9TH
az count the court has no Jurisdiction.
a plea in abatement challenging the
iurisdiction of the court as to the
subject matter of the suit and seek
ing TO ouash the summons issued in
such suit, should be overruled: since
the court having Jurisdiction Of the
subject matter of the first count, the
plea in abatement should have been
limited to the quashing of the sum-
mons as to the second count, OF which
only. the court was without jurisdic-
ton.
2. Pleading and practice: when plea
though pleas in bar should have been
though pleas inbar should have been
filed.-Where. in a suit at common
law. the complaint contains two
counts. as to one Of said counts the
court has Jurisdiction as to the sub
ject matter. but has no Jurisdiction as
to the subject matter Of the other, It
Is permissible for the trial court, at
ter pleas In bar have been filed by the
defendant, to allow the defendant to
withdraw such pleas and interpose a
plea in abatement challenging the
jurisdiction Of the court as to the sub
ject matter.
8. Amendments to pleadings: should
be allowed at any time.-As a general
rule. amendments to pleadings should
be allowed at any time during the
progress of the trial and before final
Judgment; and. therefore. after the in
PRODUCTION of all the evidence and the
court has given its instruction to the
jury. the plaintiff should. upon motion.
be allowed to amend his complaint by
striking out one OF the counts there
of.
Reversed and remanded.
Opinion by Dowdell, ].
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1904-09-29
TRIoKLER HOSPITAL, KINowooD. w. Va.


uS rug me ~ T. corner Pace Square basement which
heating apparatus and as @ s PP'd dining @ room and kitchen
he laboratory linen closets The
WARDS bathroom hail. snhzng and the room ~ ~
The operating Of
meet The most urgent demands of the
iI Er composed OF The latest improved products
open crate if ] stanton no., ar system supplemented
The institution all @ of wln I "S S Sy a their
m sne e" nin and its equipment aud in
" W. f. Daley Terra Alta POe Mannneon j. F. mchael Feowne;
% pai p%@ Kgi B Bone rI C. T. smith Ipne,oni King
BrSi' M D J. A. A. Graham Fat@o3 e Powell Wheeling saddsrS GTon;
A. e. + hngwoodi
and ir Dr. F Vs' si , r. lsrman Cedar Falls Iowa
from four Of the leading medical cncnna two
seven tqI college surgeon que.ons
Some Of the most nc sympathetic and
him | epe,aIIo known to surgery have been
IT the Jaws OF death by the timely his riterg
TED of those who know him AS citizen community;
obligations. ' ~ u' 4" h" friends and
The ide% physician Dr. Ernest Tera Iowa. graduate
gentleman has already by many years e.peenee
an before The people Preston nearly thirty justly
disposition LOYALTY To- his friends Noted Tor
too veil 1 dT T a. SeI"o OF the University College Medicine
Eno%n throughout the State
S anv use o ana general aneeus require
the institution by dental surgeon mus
staff special Monday and Taew v .rs
an . s % Gl i Times by o,%fo, Dr. Henry has
able, physicians IN Chicago in their clinics and Instructions 49,
] ' prescriptions" and assumes foil supervision Of all in
The Miss Minnie I are well known
throughout the county as ladies' superior literary dispositions pleasant
The s,e.e Hospital has been July rs from the beginning
I m use r four surgical operations during
Our people without exception glad have it located
county operated ON and ] ] DPa 5, hg"ood and Preston
or distance from home when they often unable
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1904-09-29
iWO0D PRESTON COUNTY, WEST THURSDAY SEPTEMBER 30 1904

lows, ever az war among themselves
and with the whole outside world De
spite their terocity they are clever
race. dress handsomely. have their sui
tans and their slaves and are expert
seamcn. while long continues plllugc
on the high seas has surrounded them
with many OF the luXurles and couven-
iences OF western civilization.
The buildings OF Agriculture, Forest
~ and Fisheries show all the varied
natural products. also the extremely
primitive processes as yet In vogue.
while in the women's building we are
introduced 10 a number OF native man
ufactures. Including the beautiful fab
rics from the just. banana and pine
apple fbers This Information Is collat-
ed I'm the Building OF Commerce. where
a unique and most effective method OF
exhibiting Is followed In one hall are
samples OF all the articles produced for
export. among which manila fiber. Of
course. holds the chief place OF prom
inence. while I'm second hall are all
the manufactures from every country
that are imported and find ready
market among the populace. Thus the
business man gets a dual lesson. He
sees what he can probably take from
the islands. and also what he may
probably send TO them. When Il Is
added that a large number OF represent.
ative Filiplnos have been brought over
TO visit the Exposition and study Amer
can business methods and manufac-
lures, II will be recognized that great
benefit both to the islands and TO the
world at large must result from this
work OF mutual enlightenment.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1904-09-29
WEATHER AT WORLDS FAIR.
Cool Nights and Delightful Indian
Summer TO Be Expected at ST. Louis.

Cool Nights and Delightful Indian
Summer 70 Be Expected at St. Louis.
Usually the warmest month Of the
year, July proved to be one OF the most
pleasant OF the Worlds Fair season.
the average temperature being O7 do
grees, a record lower than that made
by either Boston, New York, Phlladel-
phia. Cincinnati or Chicago. Tho
weather bureau records show that the
temperatures in St Louis during July
were just between the extremes re
corded at New Orleans and St Paul.
cities located at great variance.
August In St. Louis Is a month Of
cool nights. and September aud Octo-
Der are the most delightful months Of
the year. II Is that period known as
Indian summer, when the foliage and
birds llnger 10 challenge the coming
winter. Nowhere on the American CON
tlnent IS there o spot more delightful
than the Worlds Fair city. o garden
Of blooming flowers and spraying foun-
tains.
st. Louis. like all cities. experienced
several hot days during July. but her
highost temperature recorded was 09
degrees against 90 degrees registered
by the thermometer at Chicago On
the same day the mercury rose to 90
degrees IN Philadelphia, and scores Of
heat prostratlons were reported from
New York md Boston.
The relative humidity shows ST.
Louis 20 be about normal. Assuming
absolutely no moisture IN the atmos-
phere 10 be zero and absolute wetnesg "a
be 100, the relative humidities Coz July,
taken from the records OF more than
twenty years. Boston shows 70.G, New
York 722. Philadelphia OS.G, Cincin-
natl 04.6. Chicago G8.0 and St. Louis
o03 The same degree OF heat in two
places. with different degrees Of hu.
midlty. would cause n 90 seem the
hotter at The point of greater density.
st. Louis may therefore rightly claim
10 be- n summer resort this summer,
positively one of the most comfortohlo
and delightful places OF Che man
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1904-09-29

On Wednesday Octo5cr sih. 1901. The
wheeling Daily Intelligcncer proposes TO
hold It's first Annual Bargain Day. Upon
this day The Wheeling Daily IntelHgencer
can be secured for $500 Tor an entire wear.
by mail only The regular price Is g. 20.
This is The intolligcncers first annual
"hargan Day" Present subscribers can
get ihe paper az this price by paying %
their present account when renting F3.oo
Tor the new year Write us letter, and
mail your check. postal or money order for
% 90 on "Wednesday, October sth root
send the same 90 The lntelligencer Pub.
lishing Company Wheeling. w. Va. n
5. are already a subscriber send The In.
tcligencer TO your friends Tor Christmas
present The Intclligenccr is superb
metropolitan morning newspaper. publish.
ing the full leased wire report OF the Aeso.
c'atcd Press furnishing ai The news Of
West Virginia aud ibe world. fts market
rcpor'l are unexcelled. Its magazine and
ooiorcd comic supplement. issued on sat.
urda} gives sou ail the advantages Of the
sunday paper Excellent mail facilities
make it within The reach 0f every home In
thc State. ln f9as The Daily Intclligcncer
wiIi coaiauc 10 be the creates, newspaper
90 Che State. REMEMBER THE DATE
OCTOBER qh. I9of