davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-12-02
LOCAL VS. GENERAL
LEGAL CONFLICTS GIVE WORK TO
 ATTORNEY GENERAL.
He Again Had Before him the vexed Question of the Terms of County Commissioner.

In an opinion given yesterday by Att torney General Massey Wilson. for- warded to Acting Governor Cunning ham, he prescribes that Commissions be issued to the newly elected County Commissioners of Calhoun and Talla- dega counties for the first and third districts.
 These commissions, if issued, will only confer upon the holders the com missionerships for the terms prescribed by law. If the terms do not begin until two years from now, the thus newly commissioned men would not be entitled to enter upon the duties of the offices until then.
 The present incumbents of the ofices of Commissioners from the First and Third Districts in both counties were elected under local statute and their terms under it would not end until two years hence. But the last Legislature passed general election law purport- ing to regulate the election of Coun- ty Commissioners and Boards of Reve- nue throughout the State. Under the general law. elections should have been held in every County in the State on November 8.
 The Attorney General has already given his opinion that this general act does not repeal prior acts on the same subject in the cases of the board of revenue of Montgomery County He holds the~same to be true in the cases of the Commissioners of Calhoun and Talladega counties. "A. The opinion complete, as follows. further explains the matter:
 State of Alabama, Massey Wilson, Attorney General,
 Montgomery. Ala. Nov. 30 1904 . Hon. R. M. Cunningham, Lieutenant
 and Acting Governor, Capitol:
 Dear Sir-1 return herein communi- cation from MT. Chas. D. Martin to you.
 I am of opinion that the local act providing for the election of County Commissioners in Talladega and Cal houn counties was not repealed by the general election law. and that the com missioners from the First and Third Districts are entitled to hold for two years longer. Whether or not their successors should have been elected at the general election this var, or should De elected at the general election two years hence. am not clear. The bet ter course. however would probably be to issue commissions to those decla red to have been elected. The commts- sions would purport simply to confer the on1ces for the term prescribed by law. If the term does not begin until two years from now, the holders of the commissions would not be entitled to enter upon the duties until then. If. however. the election should not have been held to fill these offices at tho last general election, but should be neld at the general election two years hence, the election and commission would confer no right to the offices up- on the persons declared elected and commissioned.
 Very respectfully,
 Massey Wilson,
 Attorney General
 The case of J. w. Bennett, a Com missioner of Cleburne County, under a local statute. who wants to know if he
The Montgomery advertiser., 1904-12-02

judge and performing the duties of the
 by an unconstitutional measure. He
 admits that he was duly elected in
 November and qualified later and re-
 ceived his commission for the office
 duly. It is also admitted that the pas
 sage of the act by the Legislature was
 properly entered on the journals of
 both the House of Representatives and
 the Senate. The first averment in the
 information filed with the court states
 that there was no notice of the passage
 of the act given to the people of the
 counties affected.
 Judge Sayre, the respondent. admits
 that the notice required by Section 106
 of the Constitution was not given be-
 fore the passage of the act creating the
 Fifteenth Judicial Circuit. He formally
 Attorney General that the act Is a local and not general act. In the latter
 case no notice is required.
 The argument of Attorney J. H. Bankhead,. Jr.. defending the constitu- tionalfty of the act creating the Four teenth Circuit. Is accompanied by lengthy briefs aiming to prove that the act was not a local, but a general one. The general aspect he derives in part from the nature of a judicial circuit and its relation to the integral general Judiciary of the State. The fact that the, power is given to circuit court judge to issue writs of injunction re-
 turnable to any chancery court in the State presents a general phase to the | office. This point Is elaborated upon
 and was pressed vigorously by Mir. Bankhead before the Supreme Court in his oral argument yesterday morning. Again, to stir the subdivision of the States Judiciary in question was to | affect the judiciary of the whole State | and the interest in the measure might have been greatest in the counties com
 posing the Fourteenth Circuit. but there | was distant interest in all the coun- ties of the State Besides, If it was re-
 quisite to give notice in the counties l of Walker and Winston why was 1t l not necessary to give notice in the | county of Jefferson which was taken from the original circuit and constitut- | ed the Tenth Circuit? The act affected
 Jefferson as we'll as the other two counties.
 It is likely that as these two cases are very urgent a decision will be handed down applying to both very soon. There are scores of convicts in the State who would be entitled to re- indictments If the Supreme Court should decide that the acts are uncon- stitutional.
The Montgomery advertiser., 1904-12-02

''Oh. Duke" exclaimed Margery in quick voice. T thonk the shop man is coming in
 Shop man be hanged!N I am not minding him or any other man just now. Margery. do you, love meg''
 MT, Esmond. I know some on, is coming"
 'Yes. so there is. some time, but not just now. Oh .Margery, dea, Margery," he said. going close to her love me. won't you? Please love me. You must love me, for you see am holding your two hands"
 MT. Esmond T command you to release me this moment"
 Margery. were we one, might obey your commands" "Mr Esmondw My sweet Margery!" This is ungallant, to say the least of it."
 'Is 1t? I though 1t merely strategic. You know love you so much. and am going to kiss you this moment, unless you tell me you love me l You wouldn't dare. MT. Esmond. | Indeed, I would. Now, do you l love me7"
 "oh. there is some one coming"
The Montgomery advertiser., 1904-12-02
T think you are mistaken. Tell mo

T think you are mistaken. Tell me quickly, do you love me?" No" after moments hesitation. Duke leaned forward and kissed her on each cheek. as she lodged from side to side. Then he quickly released the screw of the wise, and allowed Mar gery to withdraw her fingers. For a moment she turned upon him digni- | fled look of reproach. then smile stole over her features. Duke seized her hands.
 l You do love me. Margery, do you not?" he pleaded. | "Of course l do. Duke. Haven't you known it all the time%'
 Then why did you say just now that you did not?' Because you had said you would l kiss me. if I said mo-" There was a sudden embrace, and as Margerys head rested on Dukes shoulder. she whispered into his ear:
 Do you know. my hands were not fastened in the wise at all? could have withdrawn them easily"
 T knew it. sweetheart"
 You mean old thing" rang in Dukes ear; but he smothered further utterance with kis~
The Montgomery advertiser., 1904-12-02
STARVED TO DEATH.

Our text today is thei story of the miser who taught his ass to live on stray stray. of which he gave him smaller trained as to eat one straw a dav-the poor ass died.
 He is an ass who starYes himself to death-as thousands are doing. misied by foolish teachers-because their stomachs have become too weak through neglect or disease, to do the work which nature has provided for their stomachs to do.
 Because the engine Is out of gear would you consign 1t to the junk heani
 Why. no! Mend 1t!
 Commit slow suicide because your di- gestive. organs leak7
 Certainly not! Take Stuart's Dysnen- sia Tablets.
 One thing is sure as shooting
 You can never get new stomach.
 You must mend 1t. or 1t will lead you a miserable existence.
 The only way to mend 1t Is to take Stuart's Dyspepsia Tablets.
 This has been practicabbly and scien tihcally demonstrated by the many Tablets have positively cured, after every other treatment of medicine, mineral waters, pills, and slow, suici- dal starvation. had failed.
 These methods are all unscientific-
 Stuarts Dyspepsia Tablets are scien- ti1e-therefore true, and successful.
 Having cured so many thousands- many Of whom doubtless have suffered more than you do-do we claim too much when we say that Stuart's Dys- you7 sU ''
 Surely not.
 Especially when we make it plain that no promise is made to cure more than one diseaes-Dyspepsia.
 Stuarts Dyspepsia Tablets are A posi- tive cure for just this one disease.
 IheX are a scientific combination of ingredients which search out the weak spots In all the digestive organs and make them strong and well.
 They have an immediate digestive ac- tion on undigested food. and thus while curing weak organs. they at the same time help them to do their work
 They thus stand for all that is good in the medical treatment of Dyspepsia. and for nothing that Is bad.
 They are not fad, but a fact.
 They are safe, pleasant, certain and permanent. and can be. taken by the most delicate invalids without fear of harmful results. fri-su-wed.
The Montgomery advertiser., 1904-12-02
DEXTER AVENUE CHURCH.
Bishop A. W. Wilson will Preach
 There Sunday,

There Sunday.
 Rev. A. W. Wilson. Bishop of the Methodist Episcopal Church. South. Is in Montgomery as the guest of Rev. J. s. Frazer, D. D.. Presiding Elder of the Montgomery District of the Ala bama Conference.
 Bishop Wilson arrived in Montgom- cry Wednesday from Talladega, where he presided at the annual conference Of the North Alabama Methodists. He will remain in the city with Dr. Fra ger until Tuesday, when he leaves for Selma to preside over the &liberations of the Alabama Conference.
 Bishop Wilson's home is Baltimore. Md, but he is known in every section of the South He will preach Sunday morning in Montgomery at the Dexter Avenue Methodist Church. He Is re- Earded as one of the most forceful speakers in the Southern Methodist Church, as well as one of the most earnest of the miniStry.
 His services at the North Alabama Conference were highly appreciated.
 His subject and text for Sunday have not been announced.
The Montgomery advertiser., 1904-12-02
Inviteh to RrunsNick.

Brunswick. Ga, Dec. 1.-The Bruns- wick Board of Trade today adopted resolutions inviting President Roose- welt to visit this city on his Southern tour. It Is said here that the Presi- dent will spend a few days on JekyI Island, the winter home of many wealthy men a few miles from this city, and it is hoped he will stop in Brunswick one day.
The Montgomery advertiser., 1904-12-02
Clancey's Hotel, Cor. Bibb X Commerce Sts.
 Montgomery, Ala.
ARRIVALS YESTERDAY:

R. W. Steers, DeFuniak Springs; G. g. Kelley. Slocumb. Ala; L. M, Lynch. Columbus, Ga; A. P: Lynch. New York City; D. w. Gibson and wife, Autaugaville, Ala; F. A. Gulledge. verbena, Ala; M. B. Boyd, shorter. Ala; Mrs. M. F. McMakin, New York: Webster Harris. St. Louis, Mo; W. A. Brown, Sylacauga; E. W. Robinson. Lowndesboro: c. P. Williams. Nash vile, Tenn; B. F. McLendon. Ala: c. B. Cranberry and wife, Dothan, Ala. i: tie. Little Rock, Ark; $. M Mat thews, New York; F. G. Davis, Bir- mingham, Ala; J. J. Mells. Birming- ham. Ala. A. J. Lloyd, Jacksonville. Fla; W. H. Daniels, New York; J. D. Arnold, Memphis, Tenn; A. J. Mur- phey, Louisville, Ky; l.. B. Sullivan. Atlanta, Ga.; W. c. Morgan and wife. New York; Lamont Yates. Mayheld.
The Montgomery advertiser., 1904-12-02
FERNDELL COFFEE.

Finest on Earth. We sell four grades-20, 2J. 30 and 35 cents c pound. Only in One-pound parchment-lined cans. Sold only by
 BROCK GROCERY co.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
BRINGS ON FIGHT.
Utah Convention VIII Have Up Mar
rlage Plank.

Salt Lake, Utah, June 8.--The ques-
ton of polygamy and the action that
may be taken on it by the national
conventions is likely to result in a
sharp fight in the democratic state
convention which meets here tomorrow
to select delegates to the national con-
vention. A proposition, 1t is under
stood, will be made on the floor to
give the delegates to the national con-
vention explicit instruction to propose
a plank in the platform providing for
a uniform marriage and divorce law
for every state nd territory in the I'M
Ion. Over this lines are being sharply
drawn, one faction asserting that Utah
delegates should be silent on that
point, as opposition by them would be
entirely misunderstood.
On the other hand, a is asserted
that the Utah delegation by its action
in opposing the admission of such a
plank would give the impression of de-
Tending polygamy and polygamous
practices,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
$3.50 FOR A CAKE.
Voting Contest at Ragland Proves
Great Success.

Ragland, June s-tSpeciaI.) 1.-THE ladies
of the Baptist church of Ragland have
given series OF ice cream festivals for
the last four consecutive Saturdays and
a nice sum was netted each time. Sat-
urday a cake WAS offered to the most
popular young lady to be decided by the
majority Of votes cast at FIVE cents a
vote.
The names of several young ladies were
voted on but the contest was finally mar
rowed down to two. Miss Ola Poe and
Miss Jessie Morris. The voting became
very spirited and when the final count
was made Miss Jessie Morris had SAG and
Miss Ola Poe s17 votes. One young man
wanted to cast 200 votes for Miss Poe
but as the time for voting had expired
was ruled out. The cake netted the sum
of $3.50
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
GOVERNOR JRLKS
STILL IMPROVING
HIS DAUGHTER ARRIVES IN BIR.
MlNGHAM FROM LAS VEGAS, N.
NJ, WHERE THE GOVERNOR is
REoAINING HEALTH.

News received last night from Las
Vegas, N. M. is most encouraging as to
The condition Of Governor william d.
Felix's. The governor has now been at
Las Vegas for two months, and since his
arrival there his health has steadily Inn
proved.
The governors daughter. Miss Gather
lne jerks. who accompanied her father
and mother to the west, arrived in Bir-
mingham last night and is with Mr.. and
Mrs. =. H. Cabanis at their South High
lands home. Miss Jelks reported that
her fathers condition was highly salts
factory, and 1t is expected that he will
receive practical discharge from his
physician within a short time. This news
of Governor jerks continued improve
ment will be received with the greatest
pleasure by all the people OF Alabama
who hope for his early return to the
state
Miss JellSs will remain in Birmingham
teveral days and then go to Atlanta,
where she will visit relatives.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
DELEGATION WILL
SEEK THE COLLEGE
CITIZENS OF BEssEMER WILL AT
TEND SYNOD MEETING AND
URGE THEIR CLAIMS-INDiANS
WIN EXCITING BALL GAME.

Bessemer, June peciaL)-Tomorrow
night delegation composed of represen-
tative citizens of Bessemer will go to Biz
mingham to press the Marvel City's
claims for the Synodical college which is
to be located by the synod Of Alabama
The city's central committee has issued
a pamphlet setting forth the advantages
that Bessemer.ha to offer for the insti-
tuition The citizens will do all in their
power to secure the college, as the people
of Bessemer have demonstrated in sew
eral mass meetings. that they. want the
college.r
In the folder issued by the committee
given in detail. The amount that Bes-
semer offers to the college in case it Is
located in this city is $4,000. One of the
main arguments advanced by the circu-
lar is that this city is the ideal site for
the Institution. 1t has better RAILROAD IA
ciliies and Is more accessible to all parts
of this state as we'll as Mississippi and
Tennessee than any of its competitors.
1t is also claimed that the local patronage
will be greater In Bessemer than in any
of the other cities.
Indians Won.
Over 1900 people saw the Cherokee In
dams and the Edmundson drug store
team play fast and snappy game to-
night at Fourth avenue. The final score
was to s in favor of the Indians. The
game was played by electric lights.
For the locals G.. Herpert did some OF
the fastest field work ever seen on the
home grounds Two home runs were
knocked by the visitors. The battery for
the Indians was Lehman and Ellis, and
for the Bessemerites Crook and Childers.
The locals put up fine article of ball
and the game was in doubt at all stages.
Transfer In Real Estate.
Today C. G. Pritchard purchased from
Dan Jenkins and wife lots Nos. 80 and "a
in block 25S The amount paid was $1,000
Meets With Accident.
This morning a piece of cast iron
weighing 500 pounds fell on the foot of
J. M Hendricks, who is employed at the
United States Cast, Iron and Pipe COM
pany, breaking his foot and badly mash
in git The injured man was carried 10
his home, where medical attention was
given him He is resting well. but will
be laid up Tor several weeks.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
LIFE SAVED BY swAmP-RooT.
The Wonderful Kidney, Liver and 6lad-
der Remedy.
sAMPLE BOTTLE SENT FREE BY
MAIL.

Swamp Root, discovered by the emf
tent kidney and bladder specialist,
promptly cures kidney, liver, bladder and
mic acid troubles.
Some of the early symptoms of weak
Kidneys are pains or dull ache in the
back, rheumatism, dizziness, headache,
Nervousness, catarrh of the bladder,
uavel, or calcyli, bloating. sallow COM
blexion, puffy or dark circles under the
syes, suppression of urine or compelled
70 pass water often day and night
The mild and extraordinary effect of
he world-famous kidney remedy. DR..
kilmer's Swamp Root, is soon realized.
t stands the highest for its wonderful
lures Of the most distressing cases If
fou need a medicine you should have
she best.
+ Swamp-Root is not recommended for
Everything, but If you have kidney, liver,
bladder or uric trouble you will find it
bust the remedy you need.
Sold by druggists in fifty-eent and one
dollar sizes. You may have a sample
bottle of DIR. Kilmer's Swamp-Root and a
pamphlet that tells all about it, including
many OF the thousands Of letters received
from sufferers cured. both sent free by
mail Write DR.. Kilmer 81 Co., Bing-
hampton, n. Y, and please be sure to
mention that you read this generous offer
n the Birmingham Daily Age-Herald
Don't make any mistake, but remember
The name Swamp Root, DR.. Kilmer' s
Bwamp-Root and the address, Bing-
hampton. n. T., on every bottle.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
BIRMINGHAM MEN ELECTED.
]. A. Van Hoose Reelected President
Of Wholesale Grocers.

Atlanta, Ca, June 8.-The Southern
Wholesale Grocers' association adj
journed today, after electing the fol-
lowing officers:
]. A. Van Hoose of Birmingham,
president.
G. P. Thompson of New Orleans,
first vice president.
R. P. Woodson of Memphis, second
vice president.
S. w. Lee OF Birmingham, treasurer,
and e. l.. Bridges of Birmingham, Sec
rotary.
An important action taken by the
grocers before adjournment was the
adopting Of resolution endorsing the
policy Of the National Retail Grocers'
association in regard to reciprocity
and aff1liation.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
SALVATION ARMY'S
SUMMER CAMPAIGN
TENT ERECTED AT CORNER OF
SECOND AVENUE AND TWENTY
THIRD sTREET-cAPTAIN JAMES
ASSISTS CAPTAIN BOUCHER.

A summer campaign has been inau-
gurated by the local post of the Saliva
ton Army A tent has been erected on
the lot at the corner of Second avenue
and Twenty-third street and services are
being held every evening at o'clock. AL
ready there have been about twenty-five
conversions. The campaign will continue
during the entire summer
Captain Boucher, in charge of the local
post of the Salvation Army, is being as
sisted by Capt. s. N. James in charge
OF the army work at Pensacola. Captain
James will remain in Birmingham for
several weeks, and when he leaves an
other officer win be sent to Birmingham
to assist in the summer campaign
Captain Boucher has been in charge of
the local post for about eleven months
and during that time there has been 275
conversions
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
GOLF TOURNAMENT BEGINS.
Bauqh and Thach Are Entered In tn,
Contests.

Louisville, June s.-The third annual
tournament Of the Southern Amateur Golf
association began today at the links Of
the Louisville Golf club. Representatives
were entered from all the leading golf
clubs of the south. and the outlook is
good for successful tournament. The
programme for the day consisted of quail
flying rounds.
Those who qualified for the southern
amateur championship to be played to-
morrow are: A. H. Monsoon !. f. Starks,
Ike billiard, N. A. Hardee. T. w. Cole
man. F. J. Gambrell, Clarence Angler,
o. L. Brown, R. Grubbs, I. w. Reed. ].
r Tnnton William Hill, F. G. Byrd, J.
s. Raymond. R. H. Baughs and N r..
Clark.
The following will contest for the Dixie
cup: J. e. Rumbaugh, J. D. Clark W..
G. Horn, G. s. Cowan, w. p. Ward, Q.
l. Nelson. C G. Moss, r. H. Phillips =.
F. Smith. r. S. Sheffield, c. E. Croik.
Thomas Ward. j. H. Gillespie ]. ]. Nc
closkey. ]. D. Kirkpatrick and R. H.
Thach.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
DEMURRER is FILED.
Suit Is to Restrain Him From Making
Panama Payment.

Washington, June 8.-Secretary
Shaw today filed demurrer to the
recent suit to restrain him from max
ing payment on the Panama canal pur-
chase, brought by w B. Wilson. The
republic OF Panama and the new Pan.
anna Canal company are also defend.
ants In the suit.
In the demurrer the allegations made
that the the court is without jurisdic-
ton for the reason that Wilson has no
interest in the matter that entities him
to sue, so that the suit is practically
one against the United States and that
neither the United States nor the re.
public Of Panama can be sued.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
LITTLE BOY INJURED.
Marshall Kirkland Was Run Over By
TaIIyho.

Marshall Kirkland, aged II years, the
son of Mrs. NJ. e. kirkland, residing at
No. 24so. Seventh avenue, was badly In
jured yesterday morning at East Lake
by being run over He was riding in a
tallyho and fell to the ground, one of the
wheels of the heavy vehicle passing over
his hips. He was brought to the city on
an electric car and carried to his home
In one of Ed Warmers ambulances. II
is feared one of the hips of the young
boy is crushed, and that an operation
viii be necessary.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
Manager Groves RESIGNS.

Admission, June ESPECIAL. George B
Groves has resigned as manager Of the
Admission baseball team, and leaves today
for Columbia, s. c., where he will probably
manage a team. He has been succeeded
as manager by L. i. Scarborough who
will have entire control of the team, and
in future games will be seen in uniform
on the coaching line. 1t is quite prob
able that there will be a shake up in
the personnel of the team in a few days
II better playing is not done.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
Entire Faculty Chosen.

Huntsville. June s-(Special)-Th en-
tire faculty of the white city school was
reelected last night by the city council.
as follows: s. r. Butler, principal; w. j.
Humphrey. assistant Mrs. Taiiaferro.
Mrs. Dickson. Miss Mary Dill, Miss Flor
ence Hardie, Miss Cornela Simpson, Miss
Matte Thurston. Miss Mary Slaughter,
Miss Hattie Halsey, Miss Laura Bassett.
teachers. The cciored school faculty was
chosen as follows: II. C, Binford, Jr. prin-
cipal; Mrs s. d. scruggs, Clara Fackler,
Bessie Martin, Kate Fackler. teachers.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-09
Llahtnlna Strikes Umbrella.

Huntsville, June Especial. )-During
the heavy thunder storm yesterday even
ing an umbrella carried by DR.. Hall was
struck by Lightning, the bolt passing do wn
the steel rod and entering the ground at
DR.. Halls feet. He was severely shocked
but was otherwise unintured The UNI
brella had wooden handle and to that
fact DR.. Hal, probably owes his life.