davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
CASE SUBMITTED
TO SUPREME COURT
coNsTITuTIoNALITY OF THE OLD
TAG TAX is ARGUED FOR THE
STATE AND THE STANDARD OIL
COMPANY.

Montgomery. February 4-(Special.)-
ard OIL company was submitted to the
supreme court today. It involves the con-
stitutionality of the recently enacted oil
tag tax. The case first reached the judi.
ciary through the Montgomery probate
court, when Judge CASTOR decided the
law to be unconstitutional An appeal was
taken to the city court and Judge Thomas
declared that the law was constitutional
The oil company appealed the case to
the supreme court, and it was argued to-
day on behalf of the state by Attorney
General Wilson and w. A. Gunter. and on
behalf of the oil company by Charles p.
Jones and w. f. Thetford. The case is OF
unusual interest because of a provision
in the law appropriating a certain amount
of the fund to the Alabama Polytechnic
institute at Auburn.
The supreme court of Alabama rendered
a decree today confirming the decision of
the lower court in the sentence of Rob-
ert Stone of Jefferson county to hang for
the murder of William Henry Thomas,
who was a fellow convict with Stone
when the murder was committed. Both
were negroes, and sctone was serving a
life sentence. The date of execution is
fixed for March %.
The court rendered the following deeis-
ions today:
Mcclellan, C. J.-Mattie o. Nance VS..
bearing & Orman, appeal from Franklin
circuit court; reversed and remanded.
A. B. Seymour ct AL VS.. Dock Williams,
appeal from Lee circuit court; reversed
and remanded.
HARRISON, J.-Anniston Electric and
Gas company VS.. Robert e. Hulett, ap-
peal from Admission city court; affirmed.
Tyson, J.--R. d. Lucas VS.. Stonewall
Insurance company, appeal from Clark
circuit court; reversed and remanded.
John B. Sims VS.. The States of Ala
bama, appeal from Clay county court;
reversed and remanded.
Sharpe, J.-Robert Stone vs. The State
of Alabama, appeal from Birmingham
criminal court; affirmed. The day of ex
ecution having passed. Friday the 25th
day of March, 1904 is fixed for the day
of execution.
Dowdell, J.-Joseph d. Crosthwait VS. A
]. Pitts ct ALL, appeal from Birmingham
city court; reversed and remanded.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
CROWDS At BAZAAR
BREAK ALL RECORDS
Many Candidates Add to the
General BustIe
MIDWAY A DRAWING CARD
Contests at the City Hall Are Proving
Very interesting, and the Prizes
Are Donated to Last
Nights Winners.
MIDWAY A DRAWING CARD

Pratt City, February 4-(Special)-Th
crowds attending the firemen's bazaar
that is in progress in this city this week,
broke all records today. The fair was
livened up considerably tonight by the
presence of dozen or more candidates
who are seeking the votes of the citizens
of Jefferson county. Many people from
Birmingham, Ensley, Wylam, Bessemer
and other surrounding cities, were pres
ent. There has never been a time, per-
haps, when Pratt City was more active
than at present.
The midway is proving a drawing card,
The management is very much gratified
with the receipts that have been taken in
so far. The Holy City, a new attraction
recently added to the numerous amuse-
ments is proving very popular.
At the city hall where the various con-
tests are being conducted the interest
does not seem to lull The contest for
the most popular alderman and the most
popular fireman are creating considerable
excitement The main contests will not
be closed until Saturday night.
At No. 1 booth tonight basket of can
dy, donated by Sanger of Shreveport, La.
was won by Miss Eva Levy after a close
contest with Miss Pearl Tennet. The doll
to be ratified off Saturday night under the
direction of No. is creating great deal
of interest. At No. 8 Miss Nell Delantey
won a handsome opera cloak. One of the
most popular visitors to the bazaar to-
night was the Hon. II. p Hehin, who
took a prominent part in all the contests.
To Lay Last Rail.
Tonight the last rail to be laid on the
new trestle of the West Pratt Coal COM
pany at Dora connecting the tipple with
the new opening, will be completed and
the first cars will pass over in the morn
ing.
The new structure is on the Frisco sys-
tenn. 1t is over a quarter of a mile long,
ranges from fifteen to fifty feet high, and
was built at cost of $4,000. Considera-
Bile improvements have been made at
West Pratt recently and the mines are
now the best equipped in the district At
the present $50 men are at work in the
mines and the number will be increased
as soon as more openings can be made.
Hobson to Lecture.
1t is announced that Captain Richmond
Pearson Hobson will deliver lecture at
Pratt City on the evening of February
Is, under the auspices of the Pratt City
Literary association. Captain Hobsons
reputation as a lecturer is well known
and he will be greeted by a large au-
dience.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
Mrs. w. c. Brockway Dead.

Gadsden, February 4.-(Special.)-A tele-
gram was received here today announcing
the sad death of Mrs. W. G.. Brockway,
at her home at Clifton Forge, va,
Wednesday morning at o'clock Mrs.
Brockway had been sick about ten days
before the physicians pronounced her
illness typhoid pneumonia. Mrs. Brock
way lived in Gadsden for many years
and two years ago Mr.. Brockway and
family moved to Birmingham, and only
a short time ago moved to their present
home. Mrs. Brockway was highly Gull
tured woman.
She was a splendid musician and pos
sessed a magnificent voice. During her
residence In Gadsden she was organist
for the First Methodist church, and
while in Birmingham was organist for
the st. Johns Methodist church.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
OBJECTED TO suIToR.
osbrook Has Fight With the suitor
of His Wife.

Gadsden, February 4.-(Special. News
has just reached Gadsden of another
killing in the railroad camps near Pied
mont on the Seaboard Air Line extension.
The news as received is that some weeks
ago man named Osbrook sued his wife
for divorce and failing to secure it
left for Texas. telling her that If he heard
of her marrying. or going with another
he would return and kill her and the
man.
Soon after Osbrook left his wife began
receiving attention from one of the con-
tractors on the Seaboard Air Line Some
days ago Osbrook arrived to find his
former wife and the contractor taking
daily drives. tle called the contractor to
account and a row followed in which
Hightower was shot through the heart
He fell to the ground but raised up on
his elbow and fired his last shot at Os-
brook, hitting him in the right eye and
knocking it out. Osbrook left and has
not been heard from since.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
COMMISSION CRITICISED.
Put Names of Thirty Negroes in tn,
Jury Box.

Selma, February 4.-(Special )-Dallas
countys jury commission having put the
box in violation of a custom that has
prevailed for nearly a quarter of a CEN
fury. they are coming in for considerable
criticism. The commission acted on ad-
vice from those high in authority and
learned in the law. the recent decision Of
the supreme court in the Rogers case hav-
ing led up to the action.
The discussion is just begun, and it is
extremely likely that 1t may become an
issue in the approachingf primary cleo
ton.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
READY TO MAKE BOND.
Stated That AppIing Was Justified Il
Shooting Negro.

Jasper, February ESPECIAL like APP
ping the brakeman on Northern OF
Alabama freight train, who shot and per-
haps fatally wounded negro fireman
near Russellville yesterday. arrived here
this morning and Immediately arranged
to make bond If necessary.
From all reports Appling was justifable,
1t being stated ~ an eye witness that
the negro had his gun half out of his
pocket before he was shot. Appling lives
here with his family and is known as a
man of good character.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
Fitting Up Handsome Quarters.

Gadsden, February 4.-(Special)-The
recently organized athletic club is fitting
up handsome quarters in the Kyle build
ing over the Alabama Steel and Wire COM
panys commissary. A fine pool table
has been purchased and other furniture
which will cost about $1,000 The club
has been named the Noccalula Athletic
club, and will be chartered under the
laws of the state.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
General and Personal.

Miss Grace Judson charmingly enter
tanned the "Frockers'" club this even
ing at her beautiful home on yarmouth
avenue. About twenty guests were pres
ent and the occasion was most delight
full. At later hour in the evening the
spacious dancing hall was thrown open
and those present enjoyed an hour or
two of dancing.
Carl s. Swami, a well known young
man of this city, formerly of Atlanta.
oied in private hospital in Birmingham
this morning from the effects of APP
pendicitis. Mr.. Swan was "a years of age
and was connected with the City Furni-
ture company. The remains will be car
ried to Atlanta for interment
William Reynolds, popular young man
OF this city has accepted the manage
ment of the sub-agency of the White
Swan laundry at Besseme~
G. NJ Nicely has returned from a trip
to Huntsville.
Mrs. Taylor Entertained.
Mrs. w. d. Taylor delightfully."- enter
tanned the Ladies' Whist club YESTERDAY
afternoon at her beautiful home on Sixth
avenue. The occasion was a most delight
lui one assembling the following guests !.
Mrs. Carter, Mrs. Phillips, Mrs. Winters
Mrs Patton, Mrs. Gillen, Mrs. Handy,
Mrs Hurt, Mrs. Huffman, Mrs. Rosen-
| baum, Mrs. Mitchell, Mrs Van Trumn.
Mrs Houston and Miss Marks Mrs. Cow
an, Miss Houston.
| Mrs. w. d. Taylor won the first prize.
handsome sofa pillow. The second prize
a pretty water color. was captured by
Miss Stella Marks and the guests prize
was awarded to Mrs. ]. l.. Drennen.
Furniture Company Incorporated.
Henry w. Sweet. William T.Kennedy,
M. Tyler Kennedy, and Walter X Smith
have filed articles of incorporation in the
office of the probate judge at Brming-
ham, asking that they be allowed to do a
! general furniture and undertaking bus
mess, said company to own its own bur-
ial ground under the name of Sweet-Ken-
nedy company. with a capital stock of
10000. The principal place Of business
Is to be at Bessemer.
The incorporators of the company are
named as directors, and the following
officers were elected for the ensuing year:
Henry M. Sweet, president and treasurer;
M. Tyler Kennedy, vice president; VIII
liam T. Kennedy, secretary and general
manager
Lodges Hold Joint MEETING.
Myrtle Lodge No. SO met in regular ses-
sion tonight and afterward adjourned to
meet with Linton lodge, knights of Py-
thias. The two lodges held joint meet
ing and initiated the following candidates
into the Orient degree: j. H. Williamson,
Charles Still, George Cans
Great interest was manifested and sew
eral applications were received for mem
bership The lodges will meet in a spe-
cial meeting next Thursday night and in
itiate number of candidates.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
Lodges Hold Joint Meeting.
The Wagnon at cadsden.

Gadsden. February 4.-tspeciaI)-Th
steamer Wagnon came down last night
with fifty-five bales of cotton. ZIG sacks of
cotton seed and 10000 pounds OF miscella-
neous freight The boat left for up river
points with large cargo Of freight.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
Cures Dyspepsia, Indiges.
ton, Catarrh, Nervous
ness and Sleeplessness.

Makes old folks feel young.
And young folks feel strong.
Repairs the stomach,
Feeds the nerves,
Vitaizes the blood.
1t makes you eat heartily.
1t dioests all you do eat.
1t puts color into pale cheeks.
And makes one glad to live.
You can't have the blues.
You can't have indigestion.
You can't have sIeepIess nights.
If you use Paw Paw.
You can't be failure
Druggists will tell you they never
handled an article that sold so rapidly
and made such remarkable cures.
Price, $1.oo large bottle.
Paw Paw Pills, 25c bottle.
At all Druggists.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05

A strictly high-class institute for the
scientific treatment OF all Chronic. Nerv-
GUS. Blood. Skin. Rectal. Female and
Genito-U Urinary diseases. Deformities. Tu-
mors, Stiff Joints. Cancer. Lupus Malig-
nant Ulcers. rheumatism, tuberculosis
and Consumption.
HemorrhoIds, varicocele, Hernia and
tenereal diseases of every name, ma.
fure, form and character are also
treated, and a legal guaran-
tee Of cure will be given
In every case.
Our equipment, consisting of well-stock-
ed prescription department. X-Ray. vio-
let Ray. Static and Galvano-Faradic APP
paratus, Super-Heated Air, Arc Light
Cabinet, Eureka Nebulizer and Ozone
Inhalation for nose. throat and lungs. and
a thoroughly equipped Surgical Depart
ment, modern and up-to- date In every par
ticular, give US a prestige over all COM
petitors in Alabama in our special line
Of practice.
CORRESPONDENCE INVITED.
Consultation and examination free
Terms liberal and condolences held In
violate. Office hours a. m. to D. m.
Sundays. 8 a. m. to 1 D. m.
A FEW OF MANY ENDORSEMENT
FROM THE PRESS.
The Birmingham Ledger: Drs. Doxier
d Co. are without doubt the best known
specialists In the south. and their fame
Is due entirely to their great skill.
The Birmingham News: Both Drs. o.
T. and Byron Doxier are reliable and ex-
perienced physicians and surgeons. who
deserve the great success which has
baen and 10 theirs.
Age-Heyaid Dr. Doxiers long stand
Ing and approved abilities entitle him to
the proud distinction of standing at the
head Of his profession.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
ONLY A FEW DAYS LONGER.

The Dissolution Sale of Marley e. Bau-
man, Clothing and Hats, 1924 First ave-
nue..
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05

Pay your gas and electric
bills today and save the dis
count.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-05
ANY GLASS OUT?

Let us put them In. Phone 147.
BIRMINGHAM PAINT e. GLASS co.
La Junta tribune., 1904-04-13
De vow Wses shs essth.

The Earth IS new monthly
illustrated journal, published by
the Santa Fee. Tells the truth
about the great Southwest and
CalifoTniA-the truth is good
enough Frequent articles describ.
ing your part OF the country.
ContainS letters written BY far
mers, stockmen and fruit raisers;
men who have succeeded and who
give the reasons why. Strong
editorials and interesting miscei
lsny. 4 very persuasive immigra-
tion helper.
Why not have il sent to friends
"bsck East" to do missionary
work for the Southwesta Regular
subscription price IS IS cents .
year; worth double. Send US so
cents (coin or stamps) with names
and addresses Of FIVE eastern
friends; we will mail The Earth to
them and to you tor six months.
Write to day to The Earth, II7o
Railway Exchange Building. Chi
csgo.
La Junta tribune., 1904-04-13

were required to close the wound.
He was unconscious for few
momeats, but is now able TO be st
work again.
Harry Weller left last Saturday
with bunch OF $50 sheep for the
Kansas City market On his re,
turn he will move from Holbrook
to his ranch near Arlington, where
he will engage IN the strenuous
pastime OF taking care OF 5000
ewes during the lambing season
Miss Annette Mcbride. who has
been the guest oi Mrs q. Il.
Winchell for several days. left on
the noon train. n.yesierdsy for Rocky
Ford. and after visiting friends
there for q few days leaves for
Florence To JOIN her parents. Her
father. Rev Mcbride, is rector. OF
the Episcopal church at Florence.
having recently removed there
from Rocky Ford.
Humane Officer Howard arrest
ed horse yesterday afternoon.
The animal belonged TO . Mexican
from Higbee. had the appearance
OF not having had q square meal
for many moons. and one hoof
was nearly !o'ted of. The officer
warned the Mexican that il he ever
came TO town again with an ami
NAL IN such q condition he would
be hung to the nearest lamp post.
La Junta tribune., 1904-04-13
e...s 81 m. e,...s..a y. a....

Mrs. Elizabeth n. Ross died
very suddenly At her home in this
city early last Monday morning.
fsom an attack OF sroplexy. Mrs.
Ross had beel suffering for sevessI
days from a severe attack Of pieu
sisy, being taken i'll white attend
ing the Finney.LaGsen reception
last Thursday atteruoon, snd con
veyed to her home in . carriage.
She failed to improve unjer medi
cal treatment and snccumbed to
IN attack OF apoplexy early Mon
day morning.
Mrs. Ross has been . resident
OF La unsa for the past year. hes
daughter, Miss Katharine Ross,
being one Of the teachers in oue
public schools She Uas . pssive
oa New York, and aged S yesss, 5
Dosths and 9 days st the time oe
her death. The fusesal will take
pisce from the residesee % Gel
essdo sv~ase. Wednesday noss-
Sag sa 10 o'elock, the services -
be conducted BY the Rev. Blsha
he sesssiss will BE shipped -
11joesaI Psise. WisL, the eosaes
hs0e os she deesssed, fss 6ssl
iesesoens-
La Junta tribune., 1904-04-13
sone sose .ocA. ,rGss.
Trsie with II. G. Todd.


Some nice seed oats Tor sale At
Matt Daniher's.
La unta Souvenirs on sale at
]. w. Fishers bookstore.
g. s. Thompson, undertaken and
embalmer. Phone No. as.
For fresh bread, pres or cakes go
to Fishers postoffice news stand.
Mrs John Bechtold is GONZALES
cling from a severe attack OF pneu-
monia-
When you have sick animals call
up G. W. Plested. Phone, Junta
-. at the Valley Livery Barn.
Mayhem House Furnishing Co.
undertaking. embalming. Phone,
++2 black; night phone. 467 red
The Presbyterian missionary
society will meet at the church
Thursday afternoon at 3 o'clock.
DIR. a. l.. Stubbs. Office in
Simonton block; telephone. Io77
red; residence phone. 7s7 black
Mrs. George L. Holly and little
son came down from Denver yes
terday morning for an extended
visit with relatives and friends.
Luther Powell went to Denver
Monday to enjoy br,-f respite
from his strenuous duties at the
Palace Drug Store. He expects
to be absent about ten days.
FoR SaLE-Fifteen good resi-
dence lots in Santa Fe addition;
most available point for home
near new Santa Fe shops; price,
SI5o per pair. Inquire OF K A.
Steen.
Charles A. Lowe has leased the
Matlock Wonderiy building, and
will move his cigar store and bill
lard hall therein about MAY Ist,
or as soon as the building is ready
tor occupancy.
James NJ. Bosiey, formerly a
clerk in the employ OF Sherman &
Forbes. has received the appoint
meut OF carrier for Rural Route
No 2, covering the East Holbrook
country There were nine appli-
cants for the position.
Miss Lulu Sears. chief clerk of
the Colorado Telephone Company.
IS enjoying q months vacation.
aud left Yesterday morning for
Colorado Springs and Denver to
visit relatives and friends. Miss
Cora Hart is occupying her posi-
ton.
Prof Sanford Smell and wife are
the parents OF baby boy, born at
their hon,e in Harvey, Illinois.
March 10th. Professor Smell and
his wife. nee Myl. Cook, are we'll
known in La Junta. both being
members OF the High School fac
uiry in 1903.
The republican county central
committee met IN the Office Of w.
X. Gibson last Saturday morning
for the purpose Of fixing a date
fos holding the county convention,
st which time delegates to the
state and congressional conven
tons will be elected. The call
will be found iu another column
Of this issue
Joe Fsrry met with a painful
aecident a the roundhouse last
Saturday. which necessitated his
laying a fos lev days. One Of
his fellow employes dropped .
heavy bar Of iron on the floor near
where M. FAIRY vas At ~osk in .
stopping position The iron re.
bounded from the floor, one of the
ends striking Mr. Fairy back Of
the lett ear, isees2sipg the flesh to
La Junta tribune., 1904-04-13
BUGGIES AND HARNESS

Beet Seeders, Gang Disc P
Plows. Disc HafroWs. Drag
Engines. Malleable Iron Steel
Spades. Shovels. F
NozzIes. Paint. { { {
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-16
PLIGHT OF NATIVES PITIABLE.
Sad PrOcessi 0ns OF Them, Abandoning Their
Crops, Pour Into Mukden.
Special Caot Despatch 10 THE sun.

Special Cable Despdtch 10 The SUN
LONDON, Sept. l8.-The correspondent
Of the Daily Mail at Mukden pictures the
pitiable condition of the natives in the area
Of operations, Chinese refugees. he says,
are now pourings into Mukden as they
earlier streamed into Haicheng and Lao
yang
There are sad professions on every road
carrying remnants Of their possessions, a
few lean ponies or oxen, little stores OF
grain and household utensils. Some
ride in carts, but many, including women
and children, are compelled to walk in the
deep mud.
All OF the IN abandoned their only real
wealth, consisting of standing crops Of
millet and beans, ready for harvesting.
Desttution faces them this winter The
whole fertile plain south Of Mukden is de-
populated The Hun River valley and the
country west and east are all deserted.
Some of the inhabitants crossed the Lao
River and went westward, while othe RS
fed to the forests 10 the east, where Christ
ians hid during the Boxer terror.
The neutrality Of the villages in the battle
area increased their danger in one respect,
because each combatant suspecting the
other Of sheltering therein on the assump-
ton that their neutrality would be respected,
has shelled the places with destructive
effect. This explains the apparently wan
ton burning of many villages around Lao
yang.
Such profits as were made from the en-
ployment OF labor and the sale Of oommo-
dities previous to the fighting have gone
into the pockets of few clever exploiters
or have been swallowed up in the devasta-
ton following the battles.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-16

that the Japanese troops are not allowed
inside the walls at Liaoyang. The gates
are guarded by Japanese sentries. Chinese
families are returning to the city.
Two correspondents, who we're with the
Russians, have Joined the Japanese forces
at Liaoyang. Four hundred Chinese were
killed during the engagement there. An
English missionary remained in the city
and is caring for the wounded Chinese.
The Kokumin encourages the people to
take hopeful view Of the situation 1t
says that Japan ia engaged in life or death
struggle and patience to the very end is
necessary. The only way to victory is to
put the entire nation on war basis and
to increase the taxes. Every one should
cooperate to maintain the national exist
ence. The paper suggests that the au-
thorities accord better treatment to the
newspapers.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-16
RUSSIAN RESERVES BALK.
Mobiliz ation in the Southern Provinces
at . Standstill.
Special Gable Despateh TO THE SUN.

Special Gable Despatch TO THE SUN.
LONDON, Sept 1e.-The Odessa CORE
spondent Of the Standard says that the order
for the mobilization OF the reserves In the
southern provinces OF Russia has caused
depression. There Is not the slightest
enthusiasm anywhere. Eight thousand re-
servists are missing In Kherson 1t Is I'M
derstood that they are mostly Jews, who
have emigrated.
There are 5000 absentees In Ekaterinos-
dav and 5000 in Bessarabia. There is not
only disaffection among the reservists,
but it is spreading to the officers. Seven
teen Of the latter have been arrested in the
Kieif district. They will be tried by court
martial for openly declaring that the war
is over, and that it would be eenseless
waste Of life to Withstand the victorious
Japanese further.
Peasants and artisans have met and de-
clared that they will not answer the sum-
mons to mobilize. and that II they are COM
PEELED to mobiliz they will not fight.
Among the officers the opinion prevails
that Russia was squarely beaten at LAO
yang and that this precludes the hope Of
q final Russian victory.