davidaulloa/AmericanStories huggingface dataset:
The St. Louis Republic., 1905-12-20
Two TEAMS REL EASeD
FROM S0CkER LEAGUE.


- &OUV( &o(VSos SoS
esaeA g Dsop -. Marks.
Following the withdrawal Of the Rank
Of Commerce socker team from the 3o9.
urdAy Afternoon Ass0ctat On F0otoAu
League. II was decided to ~ ease the y.
Mark team ~ q member. and to SUuitnOo
the season with the four charter me0befs
Of the club.
81. Louis University. Trir:e A. Central
\. NJ. e. A. and Christian Brothers Coz
lege teai:ax form the league. but. ON appn-
cas:pn OF the Rank Of Commerce anu B..
Mark team. IL vas decided to en.afSe ne
eOuy To q six-tes,m affair. This was Satis-
factor uy I'll II was learned that the Com
ne:ce team Tls 10 i::c.uae william con-
s:ei; and Arthur Hos,nan in ! 5 lineup.
Both men have EsuI-d in prvless. .O:sAl
contests. Hoffman p.AytcE with he ca
cagO NstionaI League baseball team Whiie
Goanc't - a pitchs. in the Trolley L. ..Sae
and a we.!-Su1wn iJo,1if re!.re: " ,;e
the c..:li,.ce team .ns.s.ed tina: .hese
riea should play, the league vo.ed "lt
the team. ard. ;as this left but nSe. IL Was
ais. ...ci...! to re,c.I.ss the II. Mark ,easn.
Every player of tue league teams !, reg
tstered with The ". A. A L. "a hD1a.
fde ;:!EalsIr. and. allowing CaEnett and
HOFFMAN 20 compete with and agaf.st e
otne:s. wcuid i,jLre tise amateur Ssa;s11ne
Of all The Christian e: Ot t.se. 3 College aEd
\. u. 4. ~ TEAMS wi ] NEE; on the G ale -
campus ID, U,tsy. while st. Luis Tn ver-
sity and rT.p.s 4 viii piIy on the latter
teams grounds
The St. Louis Republic., 1905-12-20
EVENLY BALANCED
NATIONAL CIRCUIT
Eastern Critics Think Recent
Deals Hare Strengthened the
Senior BODY and Look for I'M
PrOvemeut This Year,
RrTvRl.r M.H1A.

New YORK. fs~c is-Fcr III. first time
s:rc. The American irasu. raI.ieG the Ma
f.onAl i..aH." and captured the Stars az
. few wears sSo. ;;ss old holy gives ps ,:-I
ise o: beginning . season With c,gh, teams
isp
Boston. Brcok!ys. Philadelphia ana :,
Louis lave t~~n the weak sisters In :he
las; :wo years th~ rh:ll..s Developed f-se-
Division sr>e! hU: the three others have
BEN lasnen.aS.y weak and urabis 20 cat
thar ciayei ~ New York -hi-aeo Frsss-
burg aai c,ri--A,'
There 10 mitch Yrcsn:es .h. comi-x So
lac. ~e.s h.v. s.r.a,ea iii Of ~. S-sa
f~sras FN~. T>nrer g Rns.~n s~-ur~i
sor',e 500 men from 'h. caicASo and FI'i.-
sgrS eiab' n" !,'goklyn {. .,ie certainly
i.rui. S-:s Frank Sslc. p: ,r.anax.r thr
Cs-';'-a . way - sscto: 2 ~. next ssce
AZ sry -s'. ;hess ,.arn: shoii.,: .e st!.
80 lesc~r, &C., 1oe~ ar. .V~aly Hal
enc~3 teams have h~-a -e.pcnsih.e .r a
er~st r...I-" tor 'he suoc-e. .: IRE
As rhe erO"Siyn -.a-a low stands. -
n~--.s 'h~ as.t.icr ct o-siy few rlen &,
rs.e :: - T7''fst'e ssAnf- A stronger
-a,a are s-nc-r -. -s-.i. ira, Pas r>c-.o-
W. sad si-ii9. casey . the t-s. 'h.'i
bs-'rsn PrcuSi,r "a. hs: since ire GAYS
~ Love Cross ard Charley I;wtr ke
S-r--h.as several s"sscrs ago
Ts- r-:---1 ~li d rrr-r 60 s.eaAr o.
'-eela c.Ss~-is~ co-~ -.>.~l ~ youne~te-e
E~ sH1S: - ." s1yS-h I'D 90 f,-I Is0O
i.N-,vA1 rhi-ss -~ii % !:'.-ri nell Who
-i.y~i s>-~.t hA~ toward -. close q
-. ~AsHC- II i~Nts !~ye;cSp as q hitter
fs-r~N-. ',f>li U.i - . Ccod hating
cor h;- s''s-
~. o.-..ie s.s-s II better :han a.y
s-oaxy- SAs hsa Snce VIE Kee,es
s1sye' :hr-e II C>sosas :s.y shin 4
E-.rEIy- H>-tss Inv. .as1e q s.r~s Seal
- ->y--~ Nsio,s, sicre n eschs.ae 90
iIMy Sc~-kSrS lie - r.o<: Sfpn-
Dig p,aY.r y-t>A-,sy Is . ci>vsr ALL
-oaea rss-. 81 Ys'1c~,- is c-~ - ese
rs. -Gh: .s'tsrs ~ sSe business o.;
- th~ t--rs - e--~~;teeS Gr .er cese-ys
r--rSs- .N1s-i. - 49, ., ,scd -Se>~ wh
Ofn average c,o<e &C - ir ;s-i- batting
.>e I.r- f.lcI--~E~rs ,har Ses9e ~ 4
maraGe ghs % -t.-a1s - sSlS gue se0 re
.. ;k- ca-e 8. - ;Sze y. has never
No. .Es-.ts&e "a = c-,esssse:t toaPe. an
- - ----~ises '-ve ~. he Wlu make sss
?, I-r-:ss ,.s- :ay sAIi - Ges ep5s
psaye-Y 1so vii
The St. Louis Republic., 1905-12-20
WATTS IS AFTER THE
POLE TEAM RECORD.
-. 1S0Ss Mas Psys eA~oO 6os %.
Pasl. 5,l5. aaA wiz Hiseh
HSD VITA VGoec0A0.
ET-RLc sPrIAl.

!>1:2G;o.. ~. Ie- s-wi:A the To-
.srti,.a q .ssi-S ..e rc-iss .cie .saI
-~>s-i eor s-l.sec- drivers. George Na:,s
- - Louis sss .G-chAse5 here .: John
n S--1a-c the s-y..:- ~ -e..:.G =: r..l
r. Nc-SS. :a-. S..;e: Pauline. :? Wilkes
Dcy- .-.C- 81"
MATS o.-s-- Tcco.t.A ard Believes 50.
Pas. al. ao.a - v..l VIII h:-. ecf . faAs
r1:i. - Fs-l -as record % sii. alss
Eas ssea > r-:Ie - sEi4
The St. Louis Republic., 1905-12-20

Many surprises were the order In the
matches Of the Printers League yest.r-
day morning. The Distributors Won fcul
games from the Iidd.sh"rs and further IN
creased their lead In the standing. TNs
Asse nihiere lost four games tn the Sp:ce-
hands. 3atserfeid Of the losing team ke!i !;
high man With an average Of 80
Tho EOnparsils won five straight games
from the I'niversa1s and are running :,
close SecCnd The standing:
The St. Louis Republic., 1905-12-20
Cpt.s.Txr CrTY SEaEr r1CSS

Y.:v. Race-Iiai.o~ naA w,ssr6 King. tAa.
tu.1ii.e.
&.ss:arie.
Ilira RAc>-FsaAdeaA Phil Finch. King
Ellsworth
Fs;.r.a Racs-iSssss. Ezci:sr,s-:. a;nss Rsd-
(.,..-~i Tn,ts
sl,:h E.ce-Imsrssse. psrtos tass. 6,.essiy
Bill
The St. Louis Republic., 1905-12-20
KlUMPP LOSES POOL
GAME BY ONE POINT,


Il. III. G-icsr sensational finish 70 "a i-,Ol
coEt.S; since the DE Orc Ho:San special
match. George A'sin defeated Frank
k!umpp IN :Ee State poo. championship
tournament q: ch, Broadway last rishi
by the close seer. cs i1e 20 -. The match
Wss 10y FAR the most iH,sses sling AL? SEM
sat..- 3. a.. aay yet played r. ~. tourney
At-lu played wha; might IT, c,ii.I an
UplIll game a. - vas e<h'n3 =. al! hIt
tn. last three frames This was " .'.Tc
lie rad. his siIct ara Won By b1; q s.n-
gle hall A hi1n run os - also hsiv:d him
consider ably rear :h!s stage o: the con-
teSt kigI..pY mad. higtG rin O: - about
80 .r-'..l.. Il the match.
L. tta breaks k!Gr!yD had the better
- ;h!s 9.ya:;:Usn' Ia all but III. cic sing
frames II. u.ayei n g"-d. hsady g2'.'.
81. worked out sevcra. niCe cJ!'b.aa- :
ti,.-s aee!n 1isr.aset nice stroke an!
sx0SHre. many 1!:iic.lc shcts. but seemed
Ga b- getting In a:s prc;~r stroke at IN"
clos. % the match. !.s Gr.s: IlayinG at
thi> s-sx. enabling MIN fo prCSst tho
fft....r t.oIis and sher win The game.
Attn .sar-e1 and saii.ei nine buttons
Az. the s.co-S frame K.trapp scck the
lea. az, he.t: {; to she acth. when they
ted d, :h.r,S-s.x balls ki.npr glaysd
We! and .:.-i a~ay AGAR getting So
,sh a, y ter-tal lead. y Scott and
Ei GREEN w!N y.av tonight. Last n.Sats
score.
l.. t!sA =
-. tisN x
The St. Louis Republic., 1905-12-20

ss.,. oss..s -. essS a.s.s
S~AsE Ase aSpa-pa - F@A3os1e1A Nsse q
eaa ,sssv cDee-r r,sss a>S sAs Aoc Sss DO
"A. ,ss<< rsesS sAzis 2 D t<He c.dAea Z
oaa..H9 seS=7R - ssecvss soR ~ =
60 = Np1y 0OW1aA
The St. Louis Republic., 1905-12-20
GTY PARK SELECTIONS.
R0cD-HonAyWRii SsSyo Lane Mr. I

CIT Park SEIECTfONN.
fffss Raeo-Hontywe!I Sieve Lane. n. Waa-
leigh.
secnn1 Race-Ps-cious esons. -. ?. Haspey.
Major Carpenter.
Thivd Race-F.-nchie's FSrse 0isasd, Mescal
Nusth Race-Aonel. Cha,awina LORD Rad
F.Nh Rans-lampodscns. Loader. Ben Hey.
Wood
Rx,h Rars-Asei;na Peech.s. I~y.I IreenA
6sSeE,h Rase-Faiiea Leas. JoSst,e noutsa
The St. Louis Republic., 1905-12-20

KHAN ~c- :hre~ 90 re :ou: games
:-.- t.-rS in -. Fr.rch-yooi :oIrra-
-ss-- T.: the Navarro. last r!sh.. A..ken
sni DLS- vii p.sy tonight
The St. Louis Republic., 1905-12-20

ASCOT sEl.EITJoSs
rr Haee-X.sna AAhs.. LAcses. HuDeinG
siS
ssroas. H,cs-Br.sanA AssASe:k0sse. ~
esya
Ho.n Hay
Fs9-fh f,a-e-Snoa Lara. aalssda- Wa.
s;s.n ka,s-Ins;,ector Ra,V;a. k:asmaa. jsal-
hoc:.
The St. Louis Republic., 1905-12-20
Results at City PasE.
~" Orleans. Ia. De-. Ie.-Tn" .,::y I
mex Was de, ; AMI sloppy. The ro-,., MA

Ne" Orl.sns. L.. oec. Is.-Th. C::y Park
track Was de. !? and sicppy. The fo--i play -rs
were saceesHfu!. Nevertheless as four a: til.
Prt .a:o'i'es fn!.sc.i n--'. Summarizes:
csIss race .fx and one-hsI: :1'.ionss-rcm
SIao..; i,S q ansl. = to J. wun: Ia cache. 10
ys SH..;ar. u {" sscoai: t,,a-iSi..r. 10
s:tco''. 10 J. ihi.l Tin-. i:.. G-7.-. !s--r
SNsE;;.aFe. St.sir.ss Ms:co. Hn1~.Ii Si--.
A*. o1s: are e:1 First A1;.riIc ais ran.
80 hd race. mile ari seventy yr.is-fSI.cr.
-: t.'r.tu. . 10 ]. won: Jl:..c" -..vrvr. ."s
'Eo.asheil = 70 :. second: "a lc;i n. is ,H"r-
:is). : TO / third. T.i:~ I:tiI. suzanne 10
cac'osa. Fred Nader. Red Fox and A,en also
Thrill r,ce. s:x furiunxs. hant:ca?-Tinxer. 81
4Xor:Sl % won. B-l-stron.e - IWtsha:d,.
49, .erond; Gsrn:sh. ,Is ,Norris ~. 81 20 ,.
tniId: TIE. In Re! Ruler. Ci!:tvn t-U,E.
Fourth race. Sven :s.;cnss- SALVAGE. - w.
Ua:j': y !. wo... E's~~,oot r5 'Ni-o',. !
& IT,, sscS.i: h.spy JscA: ,ee ,Mo:I!s,. 80 TO :,
" and 81 kssolute ais. ran
s1i:a race. i've and on--hsR enr.c nes-M.'::
hoy. fs ue:retp. 10 s. won. GAUGE, 10. iNii-
iar1'. Z, :" second: Adesso. i.A ,'-fowa' L:
20 I. :hirf Time. i:i9 Rain Devils Dra.a
AAi.esbia. Miss Point. Welsh. Tsispaihy. SWee,
= ava AMI F1vcrtta also ran.
s.1,h race. mile and thIe. -sfx,een,hs- -Ivanhce
- U'e.:ett,. even. wn: Th!s:lc,oc II. tMcin-
sy-e,. ! 10 l. second: CuIa:e. 10. ,R msne:,.'. II
I: t6ard Time S:i3- Dcssk.n. Eo.daSa.
Safety Light ana Hen FoLso also ran
The St. Louis Republic., 1905-12-20

First Rare-Haxen fun. HippsaAs. 0ah01aa
Sc ond Rare-Fsnsasoo, Rustiease. Osccsel
Tird Rar~-OcyTohS. Analets. ~ Aiban.
Fourth Racs-SreSog z. Rishtfal 0sassallo.
tiful.
S.n;h Race-Dazis lAA Laura 2. -. Wasts
Kicht
The St. Louis Republic., 1905-12-20

Tsey raOet. waiter ErkIss. n0ss
00rl00 a00 j. -. CbesbeO Are
0O0O1e0 ~ SchSel6eP.
Rerney SchreIber. the - Louis turfman.
he's siXty-two coming 3-year- All Of
them were bred At Woodlands Farm. IN
Missouri
In nau,iae his yeariinss 0chre'bef has
remembered many Of his friends IN 8.
Louis ard other parts Of the State. Among
them are Grace Van s.. named for Grace
Ean Siuddiford; Walter Eckies. Senator
Warner. Tony Faust. 9~nator Stone. J. II
ches!ro Conss essnssn BarthOldt and Rose
Marion
The St. Louis Republic., 1905-12-20
SEVERAL BROWNS
on ST. PAUL TEAM
Many Former st. Louis Ball Toss
ers Will Play for Dick Padden
in the American Association
Next Season.

st. Louis will b ven represented ou
t:.e St Paul team Of tie American Asso-
c!asiO:.. IN l1Oi. Accvr1.:.s 10 the t!:'e-'p
S.'e en- oy Dick Pa1Cen. wsiO VII. sn.i;iiSe
Inat zine next season Sc. Louis and ST
SeuI nave exchanged many player. tae
!1tser team seemingly being Farm Tor
the local Americans
IN the o1tiei... ps,c.ie: viii rlay Geier.
Nan Za.; and Er.k. Van Iant ans:
FISK a!lcrsatsd 10 ine right field iv- ;ss
bfrwns last season. Roth. of the SroH.s
CATCHING department.. Will Nk.ss he ..,.;
10 81. Paul as Cae Of the hackSlVI.s. PAD
9en VII cove. second base. while Whseisi
Should she Browns be unable TO .rd a
place Tor Pete ~ Brten, he will again ap-
pear si hor; Stop. while "a new is.an NJ,
S1u 10 Evans. Sessions. Morssn aid
S.a&!e No:San IS :,ow with the .sro~n1
Cus y De does Aot show good fc.sI:. Will
10 sh1ppcI North. S.1gie viii So S.utl On
tfe training trp N.th the browns. anu i:
ne - Eot retained. viii remain with the
Saints
PaGcen is particularly pleased with III;
oatae.1 and claims 1: wiil be TIE ha:dest
hht:aE gsreGa;:on q: ;!s.Gc-s in the Amer
tSaa Association. lie says tina. ;..e -.
t3uI pitchers and hacks;ops will no: :.aye
any s-E~riors In the a ISOLATION. and on
ira H''nt alone h" decl.aed 10 give eIac;
d"caiis. although those named above are
certain 10 b.: on che team
The St. Louis Republic., 1905-12-20

Ecss ers.a.ss ..irp-su II :h. French
;lof --s--.-.~r. a: the Hc-al .ass rtShs
ir -, .-s' game ~til- Ebert Ncn ihe
s.-r-t contest from i5-osn
The St. Louis Republic., 1905-12-20

AiaEers;'s baseball nine probably viii
play ths ~ oives!nes On May y in Am At.
boz. The EsisieT..r - are coming West 20
csuy CE.,.So. ar.l nave that ja:e Vpe'i.
Michigan has r.c game that day.
The Montgomery advertiser., 1905-08-20
SHOT THROUGH HEAD
NEGRO WOMAN BRUTALLY MUR~
 DERED LAST NIGHT,
saIlie Bird, Cook for Mir. ,. A. Barnes, Aszassinated as She Left Her
 Employers H0me--Hus- band Suspected.

salIie Bird, the negro cook employed by Mir. J. 4. Barnes, on the Woodley Road, five miles from town, was brutal. ly murdered last night about s:so o'clock. Within 300 yards of the home of her employer she was shot through the head with a pistol and her body was dragged in a ditch by the side of cred by weeds.
 Henry Bird, the husband of the wo- man, is suspected of being the assassin A warrant has been sworn out for his arrest and the officers of the law are looking for him.
 The woman was leaving the home of her employer, where her work had been finished. The shot that killed her was heard by Mir. Barnes's family, but nc special attention was paid to 1t, as the negroes feom the country, returning from town. frequently shoot of pistols as they drive along the road. The firing of the pistol was supposed al that time to have been the act of some drunken negro. But half an hour later a negro man passing along the road saw the white apron of the woman In the ditch and on Investigating found the body.
 The woman had been shot one time The bullet had entered ner head above her right eye and pierced her brain. The negroes who found the body im- mediately informed Mir. Barnes and be notified the sheriff's office and the po- lice department.
 Sallie Bird. the murdered woman had been separated from her husband for several months. He lived on the liar ris Gunter place. He had been heard to threaten the life of the woman again and again. Last night he was seen coming towards the place where his wife was employed. There is other evi- dence of a circumstantial nature con- meeting him with the brutal crime.
 It is supposed that the murderer lay In walt and met the woman as she came from her work. Prepared for his crime, he drew a pistol and shot heE through the head. It is supposed, too. that he intended to drag her body Into the field along the road, but shortly after he had fired the shot two buzz gies passed and the murderer, hearing them coming pulled the body into othe ditch and attempted to conceal the white apron by piling weeds on the body.
 The woman was about 50 years of age and was most highly esteemed by Mrs. Barnes as a servant. She was of the old style of negro servants, the sort that have been the subject of con- tinual praise and of which SO few res main. She was trusted implicitly and every duty was discharged faithfully.
 Her employers are aroused over the crime and determined to bring the mur- derer to Justice if possible.
The Montgomery advertiser., 1905-08-20
DOWNER FELL 90 FEET AND
 WAS NOT SERIOUSLY HURT

looking Montgomery Street. A plat form was built out of the seventh story window for the use of the workmen while they were at work on the cornice. The regular helper to the cornice man was taken i'll at dinner yesterday and Downer was taken from the tin work and put to helping him. A few min- utes before the accident fell, fellow workman was unQn the scanoid with Downer, but to get at the cornice more effectively he had stepped inside the window and gone upon the roof. Just why the scaffolding fell may not be definitely known. A workman yes .terday declared that the bases of the scaffold had been sawed of on the in- side of the window so that the men could put in the terra cotta and the concrete, of which the inner walls are lined. The building Is being put up of f3reproof material and concrete and terra cotta is being largely used. The workman declared that when the men got to the seventh story and to the room out of which the scaffoiding pro- jected they sawed off the bases of the scaffolding without Knowing that the cornice men were using 1t and that Downer unconscious that anything had been done to the Sscaffold stepped out upon the dizzy and insecure perch and dropped like a piece of lead to the earth below.
 c. Oakley, e painter and a fellow workman of Downer, witnessed the ac- cident.
 In describing it he said: T heard the breaking of the timber in the scaf- fold and saw Downer shoot through the afr feet foremost It looked as If he got his footing upon the plank he had been standing upon and the two came down together. The plank struck the cornice five stories lower down. Every one of us who saw the fall ran to the scaffold expecting to find the man mashed to a jelly"
 Downer, who was not mangled at all, was lifted from the verandah and car- ried to the office of a physician near by. An ambulance was called and he was removed to a local hospital It was found that his most serious injury was a severe scalp wound He also suffered a number of bruises, but no bones were broken and there were no serious internal injuries.
 Downer's home is in Princeton, Ind. His home is at 402 Embrue Street.
 The course of the plank which ac- companied Downer in his fall shows the terrible force of the fall of the tin- ner. The plank smashed through the tin roof and the wooden roof of the verandah and smashed fin the plate glass window of Simon's store. It was finally stopped after it had pierced the wooden flooring of the window.
 From the cornice, where Downer was at work, to the sidewalk, Is a distance of ninety-six feet.
The Montgomery advertiser., 1905-08-20
Reversed and remanded.
 Opinion by Mcclellan, c. J.
SOUTHERN RAILWAY COMPANY V. ...-' JONES .-s- .. ..~.r-

SOUTHERN RAILWAY COMPANY V. .@.. JONES ..: .. ..-:~- Action for Damages for Negligence
 Causing Death.-Appeal from Jeff
 ferson Circuit Court.
 l. Damages; negligence; question for jury-Where the conductor of an cleo tric car, on coming to a railway cross- ing stops his car, goes to the center of the crossing. and, seeing no danger, proceeds to take his car across, and is struck and killed by a train on the other road, 1t cannot be declared as a matter of law, that the violation of Section 3441 of the Code was negligence which proximately contributed to hIs death. This is a question for the jury.
 2. Same; same; Section 3441 of Code construed-Code, Sec. 2441, providing that engineers and conductors ap- preaching a railroad crossing shall stop. and before crossing, must know the way to be clear. Is to be construed as requiring knowledge not only that the crossing Is free from immediate ob. struction, but free from danger of such obstruction as ought reasonably to be expected. It does not require knowl- edge that the way will continuously re- main clear against all after occurring. extraordinary, unanticipated and 1nas- certainable happenings.
 2. Same; same:-The conductor of m electric car. ia discharging the 1uties imposed upon him by the statute. on approaching a railroad crossing, has a right to presume that the operators of the railroad would observe the duties placed upon them by law.
 4. Same; contributory negligence; proximate cause.-Proximate cause, as applicable to cases of contributory neg llgenee. is a want of ordinary care upon the part of a person injured by the neg ligence of another, when acting concur rontly and in conjunction with the neg ligence complained of. such want of or- dinary care In natural and continuous sequence, broken by any intervening, independent. efficient cause, results in the injury which but for the want of ordinary care on the part of the person injured would not have occurred. But when a person injured by the negli- gence of another is himself guilty of carelessness or want of ordinary care which ia a mere condition or remote cause of his injury, followed by a suo- seQuent, intervening. independent and efficient cause, to wit, the negligence of the party complained of, as the true, or proximate cause of the injury, such carelessness or want of ordinary care on the part of the person injured, not being a bar to an action by him to re- cover for the injuries inflicted, may be spoken Of as remote in the chain of causatioR. The question of proximats or remote cause, is for the jury.
 6. Motion for new trial; continuance. A special motion for a new trial is not continued by a general order of court, that all cases. actions. motions and
The Montgomery advertiser., 1905-08-20
THE STATE FIX REL CONAN vs
 COUNTY COMMISSIONERS OF .+- ETOWAH COUNTY.

Application for Mandamus. = Appeal
 from Gadsden City Court.
 1. Stock laws; petition to repeal {; averments.-A petition to the Court of County Commissioners to order an election on the question of the repeal of stock law, which does not show what stock law is intended to be re- pealed, but merely mentions "existing stock laws" and does not show that any stock law actually exists in the precinct, and if SO, does not show what its boundaries are. and fails to show by what authority such stock law ex- ists, Is defective.
 2. Same; mandamus.-A mandamus will not be awarded directing the Court of County Commissioners to order an election on the question of a repeal of a stock law in a certain district, where the petition for a mandamus shows that the stock district which is sought to be abolished exists in only a part of a precinct, and the prayer is for an election in the entire dis trict
 Affirmed.
 Opinion by Simpson. J.
The Montgomery advertiser., 1905-08-20
Head-Notes Qf the Decisions
 @ Alabama Supreme Court
WARREN & LANIER V. CASH.

WARREN & LAHIER V. CASH. Action of Assumpsit, and on Special
 Contract-Appeal from Geneva
 County Court.
 i. Pleading; warranty.-Where a plea sets up a warranty as to the quality of goods alleged to have been sold. and a breach of the warranty 1t Is unnecessary to state therein how the warranty was made, or whether 1t was in writing or by parol. 2. Same; matters of evidence not to be stated.-It is not a valid objection to a plea, that 1t fails to set out mat ters which are more evidentiai or proper to be proved in respect to the plea. --s-*
 B. Same; contracts; notifications Where a plea sets up the modification of ali eXecutory contract, 1t is not nec- essary for 1t to show that the modifi- cation was based on a consideration.
 4. Same; same; special condition Where a plea denies the fact alleged in the complaint, that an account sued on was due when suit was brought. a special replication Is not necessary, to let in proof of a special condition up- on which 1t was to become due at an earlier period than that apparently shown by the account.
 G. Partnership; discontinuance.- Where a contract under which goods AFS oot0 0 par lhStoHipB phOFtuSS bnhI the period of credit given should be abridged, and the account become due immediately, in case of the dIscontin- uance of business by the purchaser" the selling out of one partner, to a third person of all his interest in the partnership, is a ldiscontinuance of bus mess by the purchaser within the meaning of the contract even though the remaining partner continues the eame business, at the same place, and with virtually the same stock. with a new partner.
 Reversed and remanded. .s.<."-
 Opinion by Mcclellan, c. J.