davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-09-20
TURKEYS SURRENDER.
Yields to United States in the varta
 nian Matter.


 ConstantInople, Sept. i9.-Turkey has taken the first step yielding to the de- mands of the American legation by ad- hitting the right of the American con- suIar authorities to see the Armenians, Vartanian and Afarian and investigate their claims to be entitled to American protection. Consul General Dickins has visited the prisoners and has opened an inquiry.
 Contrary to general report Minister Leishman's audience with the Sultan September Is was merely q courtesy visit and was not connected with the present diplomatic difnculty to which neither the Sultan nor MF. Leishman alluded.
 vartanian is charged with the mur- der of a prominent Armenian merchant Apik Undjian, in Constantinople. Au- gust 26. The crime was political. Afarian Is accused of participation In the plot to assassinate the Sultan July 2l. when e bomb was exploded at the conclusion of the seianlik ceremony. about forty persons being killed by the explosion. Both vartauian and Ala rian had been sentenced to death. but owing to the intervention of the Amer lean legation, their sentences have been quashed and new trials ordered.
The Montgomery advertiser., 1905-09-20
INSURANCE MEN MEET.
National Life Underwriters in Session
 At Hartford,

5NHeASAA
 At Hartford.
 Hartford, Conn, Sept I9.-Insurance men to the number of about 300 from all over the country attended the open ing session of the convention of the National Life Association Underwriters here today. The meetings will con- tinue through Wednesday and Thurs day and the program provides for dis cussions of various interesting phases of life underwriting business.
 The formal opening of the conven- tion was proceeded by a meeting of the executive committee at which fi- nancial reports were considered. There are 2,030 members of local associa- tions, a gain of 474 during the pre- ceding year. according to the treas urer's report The committee voted to expend $2O.000 in improving local organization rather than In extending the field of the national association. as 1t was felt that the territory also represented in the association, Ia the most important to its work
 After the roll call of delegates and the reading of the minutes of the last convention, John Dolph, of Cincinnati president of the association. delivered his annual address. Mir. Lunger de- clared government insurance was one of the dreams of visionary men and would continue to be such until men were so constituted that they would voluntarily seek life insurance and seek 1t for amounts proportionate to their means and responsibilities. Even then, he siad, it's success would o' probiematical unless the. admintetra' tion of the important branches of tht government had been taken out ol the domain of politics and entrusted to men of ability with large sense of their duties and responsibilities;
 At the afternon sesson the prin' c,naI naper was one by Darwin P Kingsley. vice president of the New York Life Insurance Company entitled 'Militant Life Insurance.
The Montgomery advertiser., 1905-09-20
Heo>d-Notes Qf the Decisions
 of Alabama Supreme Court

4. Same; what defects in complaint not noticed on appeal.-Although said
 count does not in terms aver that the injury resulted from the defendants negligence, nor that the servants from whose neglig snce the injury Is alleged to have resulted, were in charge of the train, or the like, no assignment of de- murrer having specified this objection to the count, said defect will not be noticed on appeal.
 5. Same; when not necessary to aver quo modo of the infiction complained
 of.-Where the complaint shows the
 duty of carrier by defendant to intes- tate and that he was Injured by neg ligence on the part of the carriers ser- wants for which defendant was respon-
 sible an allegation in the complaint that decedent "was violently thrown from
 the train is a sufficient allegation of the quo modo of the tnfiiction.
 6. Same; when not necessary to de- scribe in complaint the character or injuries suffered by decedent.-Where the suit Is instituted by personal rep resentative to recover damages for in-
 juries causing the death of her intes- tate, it is not necessary to describe in the complaint the character of the in-
 juries received by said intestate, 1t be- ing sufficient to show causal connection between the injuries complained of and the death.
 z. Same; when affirmative charge is properly refused..-Where there Is evil
 dence tending to prove the allegations
 of the complaint the affirmative charge
 for the defendant Is properly refused
 8. Same; contributory negligence; not negligence as a matter of law to alight from a running train in the night time and at a dark and unlighted place. It Is not negligence as a matter of law for a passenger to alight from train running two or three miles an
 hour and at a dark and unlighted place
 The question of negligence vel non Is
 one of fact for the jury. g. Same; same; same.-Even though
 so alighting from a moving train might involve some risk to so alight does not
 as a matter of law constitute negli- gence; it being a question of fact for the jury whether or not the risk in- volved was such as a man of ordinary care and prudence would take under the circumstances.
 10. Same: same; when evidence of complaints of the injured per
 son as to his hurts admissible. In an action against a carrier for lnegligently injuring plaintiffs intes- tate. which injuries are alleged to
The Montgomery advertiser., 1905-09-20
KANSAS CITY, MEMPHIS AND BIRM- INGRAM RAILWAY co.
 ys. MATTHEWS.

KANSAS CITY, MEMPHIS AND BIRM-
 INGRAM RAILWAY co.
 vs. MATTHEWS.
 Action Against Common Carrier for
 Damages for Personal Injury Caus-
 i. Pleading: What allegations suffi- eient to show that suit Is in represent alive and not in individual capacity where the caption of the complaint states the name of the plaintiff as "F. M, administratrix of the estate of ". M deceased" but the six counts of the complaint as originally filed atlege in some that..3:the plaintiff as adminis-. tratrix of the estate of ". M" sues, etc, and in others that "the plaintiff, as aforesaid (that Is as such administra- trix) claims" etc, and said complaint Is subsequently, amended by adding thereto a seventh count and plaintin having moved in her representative ca pacity for leave of the court to add this count and such leave having been grant cd to her in that capacity. and the plaintiff alleges in said count that her intestate' was a passenger, etc, and that "her intestate' was thrown from the train, etc, said count although merely alleging that the plaintiff claims of the defendant" the sum sued for sufficiently shows that said suit Is instituted by the plaintiff in her repre- sentative capacity and not her indi- vidual capacity, and that this IS so even though all other counts in the com plaipt were either held bad on de- murrer, or the general affirmative charge given against them.
 2. Same; for what purposes counts in the complaint charged against are still considered part of the complaint Counts in a complaint against which the general affirmative charge has been given are still considered in the com plaint for all the purposes of showing the capacity in which plaintiff sues.
 S. Action for personal injuries against common carrier; what allega- tiors in complaint sufftciept to state carse of action.--A count in a com plaint for personal injuries resulting in Geath which alleges that the plaint- iff's intestate was a passenger on the railroad of the defendant and that said intestate as such passenger was through and by the carelessness and negligence of the defendants servants, agents. or employees, violently thrown from the train and 60 greatly injured, etc. by the injuries thus sustained that he never recovered therefrom but soon after died on account of said injuries, states a cause of action.
The Montgomery advertiser., 1905-09-20
NEW AT AL v. YOUNG.
NEW AT AL V. YOUNG. Bill in Equity to Have Declared Null and Void Certain Debts to Real Property.-Appeal from the Chan

Bill in Equity to Have Declared Null
 and Void Certain Debts to Real
 Property.-Appeal from the Chan
 cery Court of Mobile.
 1. Equity pleading and practice; commission to two persons Co take deposjtions authorizes the taking by one of them.-Where a commission to take depositions is addressed to two persons, but in its terms authorizes them severally to take and certify the depositions, it is competent for either of the commissioners named in said commission to act without the other.
 g. Fraudulent conveyances; right of creditor to subject property to pay nnent of debt-Where a wife. who Is indebted to a. third person, for the pur- pose of defrauding such person, con- veys to her husband property which had been occupied by her as a home stead, but which at the time of such conveyance was not so used or occu- pied by her, and then subsequently ex- ecutes a deed conveying said property to the creditor, such creditor. although he cannot have the deed from the wife to the husband set aside and annulled as a cloud upon his title. is entitled to have the land sold and the proceeds therefrom applied to the payment of his debt.
 Reversed and remanded.
 Opinion by Simpson. J.
The Montgomery advertiser., 1905-09-20
HOTvILLE LOSES JOB
sHIP CAPTAIN HAS HIS Lrcrvsr
 REVOKED.
Failed to san to Asaistance es sxl.n When Latter Was Disabled on North Carolina Coast In
 April.

Washington. Sept. .s.--The failure of l Captain w. H. Hotville as master of the United Fruit Company's ship oteri | to give assistance to the United States | steamship sylph, which was disabled off the coast of North Carolina on the
 night of April I2. has cost him his posi- l ton through the revocation of his license by the United States Steamboat Inspection Service. This action was taken by inspection officers at Norfolk, Va, on September 12, and the corre- spondence was made public today by | the Department of Commerce and La- | bor The distress of the Syiph occurred while Lieutenant Evans was bringing the vessel up the coast from Florida, where 1t had been used by Mrs. Roose- welt and the White House children for
 cruise. It appears from the evidence gathered by the steamboat inspection service that Captain Hotviiie made little effort to extend aid to the Sylph. The accusation of Lieutenant Evans and the reply of Captain Hotville do, not materially dif- fer, except that Hotvtile offered an ex- cuse for his action. In the inspection service, it is said. this excuse was the most damaging evidence obtained. Lieutenant Evans in commenting on the incident details the accident to the Syiph and his failure to get the Oteri to respond to his signal of distress, and says he was entirely helpless and the Oteri knew 1t"
 He then graphically described the ex- perience of the night. the failure of other vessels to see the signals from the sylph and finally of the rescue on the morning of the 18th by the Morgan Liner Fl Cid, which put about from her course to New Orleans. The re- port of Lieutenant Evans closed with this statement:
 T am firmly convinced that had the Fl Cid not taken us into port, the Sylph and all her people would have been lost
 Tn the report. Inspectors Tapley and Bray say that Captain Hotville gave as his excuse for not taking the Syiph in tow the alleged reason that at the time the Sylph was spoken the telegraph system on the Oteri became impaired and there was no direct manner of send ing word to the engine room for a re- versal of the engines. The inspectors held that this excuse showed the mas ter to be a man without resources and on that ground and negligence, they re- yoked his license.
The Montgomery advertiser., 1905-09-20
CHARGES OF FRAUD.
western Life Indemnity Company Ia iH
 Trouble.

Trouble.
 Chicago, Sept Exchanges of fraud by A misappIication of trust funds and attempts to transfer assets to another concern are made in a suit for re- ceiver and accounting filed this after noon against present and former or ficials of the Western Life Indemnity Company, an assessment insurance as- sociation. T. I. Rosenfeld and W. H. Gray, the latter being the organiser of the association, are prominently men tioned fin the bill in connection with al- legged fraudulent voting of funds to themselves.
 The bill was filed in the United States Circuit Court by Attorney s. Levinson' representing numerous policyhoIoers. Later Attorney Levinson went before Judge Bethea on a motion for the is- suance of a restraining order stopping a meeting of officials of the company to he held Thursday. The motion met with resistance by the defendants.
 Gray is alleged to have secured proxies from thousands of members and thus controlled the directors. By securinR this control, 1t is alleged Gray had had voted him the right by con. tract to draw s1 for each S1,O0o in i'm surance issued. This was done in se- cret and although the complaining pol icvhoiders recently learned of 1t, they were refused information by Rosen- SeId. Gray and others. Besides these many thousands of dollars alleged to have been improperly taken. 1t Is de- cIared Gray and his associates by other SrauduIent means took many other thousands of dollars from the concern without the knowledge of the policy
 Each of the defendants are residents of Lincoln, Eeb. The defendant com pany is the successor of the Knights TornnIar and Masons' Life Indemnity co-nnanv organized in 1884. and has more than S2O,oOo,oOO in policies out. standing,
The Montgomery advertiser., 1905-09-20
TREAsURY,s RESOURCES.
Count Completed Incident to Transfs
 of the once.


 of the once.
 Washington, Sept. 1S.--The count of the cash, notes, bonds and other securi- ties in the treasury of the United States incident to the transfer of the ofH1ce of United States Treasurer from Ellis H. Roberts to Charles H. Treat was completed today and found to ex- actiy agree with the Treasury books The total of July 1, 1905. was found to be 9l.2Ss,Sss,2Ts. .5s 2-s, as follows Gents omitted):
 United States notes, 3s.62o,267; United States currency in process of redemp- ton, te57,472; national bank notes In process of redemption. 4l4,6s2,6S2; gold certificates, ei,e0O. .120; silver certin- oates. ai,sia,53s; gold coin. $s,t2o. Sss; standard silver dollars, Sib3.407.bsii fractional silver coin, ss21,116; minor coins, S3e,237. Total cash. SlS7,s6s,3Sb- Treasurer's transfer account, $SS,522,- 3s0; United States paper currency in re- serve, Ss8s,S52,600; incomplete gold cer- tifcate series. 1900, sss0,o0o; bonds and other securities held in trust, $593,47A,- 0sa. Total, 3l,25s.6ss,27s.
 This total is an increase of S462,672,- sss .41 over the amount transferred by D. N. Morgan. the outgoing Treasurer, to Mir. Roberts on July 1, 1897.
The Montgomery advertiser., 1905-09-20
'pinion by Simpson, J.
HOSEA V. DAVIS, ADMR.

HOSEA v. DAVIS, ADMR. Petition by Administrator for Sale of
 Lands for Payment of Debts.-Ap-
 peal from the Probate Court of
 Clark County.
 1. Decedent's estate; rights of mi- nor.-Where a married man at the time of his death owns other lands in this State than his homestead. and his estate has never been decreed insol- vent, the rights of use and occupancy of the homestead. and the perception of rents, incomes and profits therefrom, during the life of the widow or the mi- nority of child or children. whichever might last terminate, vest fin the wid- ow and minor children; but they take no title to the land, and in the event one of said minor children dies, said child has no title in the land which can be sold after its death pending the minority of any of the other children.
 Reversed and rendered.
 Opinion by Mcclellan, c. ,.
The Montgomery advertiser., 1905-09-20
st Louin to Mexico.

San Antonio, Tex, Sept. I9.-At a
 meeting held in this city between Gen eraI Passenger Agent George W. Hib- bard, of the National Mexican Railway lines and General Agent D. J. Price of the International and Great Northern Railway, representing also the Gould fines in the west, final arrangements are being made for the inauguration of A palace train service between St. T,o,Iis and Mexico City on the Iron Mountain and Great Northern lines, in connection with the National of Mex leo lines. The service Is to be semi- n- tri-weekly. Definite arrangements w,fl be completed hsfnrs the meeting DtoReA -AaDSNSSNh. q
The Montgomery advertiser., 1905-09-20
KENDRIcK V. srATE.


 Prosecution for Engaging in the Busi-
 ness of Emigrant Agent With
 out First Obtaining a License.-
 Appeal from the County Court of
 Fillmore. 1. Constitutional law; engaging in business of emmigrant agent without obtaining license.-The act of the Leg islature approved October 1, 1903, "to prohibit emigrant agents from plying their vocation within the State without first obtaining a license therefor" is not violative of the fourteenth amend ment of the Constitution of the Uni ted States, or of section 31 of the Con- stitution of Alabama; and said act is. therefore, valid
 Affirmed. Opinion by Simpson, J.
The Montgomery advertiser., 1905-09-20
Treaty May Result.

washingto Sept. 1s.-It is not im- probable. in the view of the State De- partment, that the result of the conclu- sion of the Vartanian case may be the negotiation of a naturalization treaty between Turkey and America. The department has not yet been informed that Mir. Leishman, the American min ister. has succeeded in his efforts to secure representation of the American legation in the legal proceedings at Stamboul involving Vartanian the naturalixed American, but assumes that he will succeed in this particular case rather by the grace of the Turkish Government than because of recoEni- ton by the Porte of the soundness of ths American contention.
The Montgomery advertiser., 1905-09-20
AntonnohiIIaf nrorrned.

New York, Sept. l9.-The Herald European edition publishes the follow" ing from its Milan correspondent:
 "signor Callieris. a well known auto r,ohjiist was drowned yesterday on Iate Ma9Riore while testing a new au- tonnobIle boat. laundhed at Pallansa. ovin1 to a sudden lurch, signor Cal I,eris was shot into the water several ,nstres away from the boat which sank, TTSs hodv has not yet been recovered"
The Montgomery advertiser., 1905-09-20
STATE FIX REL ATTORNEY GEN ERAL v SAYRE, AS JUDGE, ETC.

QUU WdTIdHlO TTUCVtuEHBB.
 i. Constitutional law; act creating fifteenth judicial circuit: local law and unconstitutional.-Th act of the Leg islature. approved October 13. 1903, ito create the fifteenth judicial circuit of the State of Alabama. to be composed of the counties of Autauga. Chiffon, Fillmore and Montgomery" (Acts. 1903, D. 4ss). Is local law within the mean ing of section 110 of the Constitution of 1901; and notice of an intention to apply for the passage of this law not having been given as provided by sec ton 106 of the Constitution, such law Is void and unconstitutional.
 Judgment of custer
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-09-20
n,.aatrOus Fire

Toronto, Ont, Sept. 1s,-one fireman -,as kIlIed. another seriously injured snd two others slightly hurt in fire tha. Sestroyed the Brown flour mills on the the Espianade today. The total loss Is estimated al $2oo'Ooo.
The Montgomery advertiser., 1905-09-20
You get shoe safety
 in Se1z shoes

Shoe safety means lot of things you want when you spend shoe-money.
 It means being sure of good quality good fit, good style, good value for your money. It means satisfaction in every respect. You are sure of it all when you get Selz Royal Blue or Penecto shoe; you may get it all with some other shoe, and you may not. You don't want to take any chances even with the little shoe-money you spend.
 Be sure of shoe satisfaction by being sure of Sez on the sole of your shoe.
 $EILZ
The Montgomery advertiser., 1905-09-20

in the State penitentiary. The young woman was arrested on a charge of biRamy"
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1905-06-01
Ell Philadelphia

Pasa jeros desde Puerto Cabello Mr.
Joaquin Alvarado.
Desde Curacao, don Pecro Con
quet
Desde La Guaira para San Juan M
Charles Williams, MIR. Theodore S
Pond, Mr.. Jesus Rendon, Mr.. Alejan-
dro Carbra. Mr.. Eupdsdor Vargas.
De transito, Mr.. V,llemilla Lecuna,
Mr Arturo Sanz. Mr. Mar,aIo Abril Mr.
Raymond Wright. Mr., Otto Engel, Mr..
B. d. Gomez Cassereo, Mr.. H. L.
Boultor, Mrs. Ines Ma Galindez Chill
drero.
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1905-06-01
Vuelve la tranquilidad
A los JAPONESES

Londres, II de mayo.-La noticia de
que un caflonero aleman habia tornado
poSesion de Haichou, en- territorio chi.
n, cercs de la colonia alemana de
Kiaouchu 'caGso gTaB eXcitacion en-
Toxic, donde Sc miro Ell heoho como
lntenci6n por parte de Alemania dc
complicar mas Ia situacon en- el extre
mo Oriente El gobierno aleman neg6
. noticia y dijo que ell cafionero en-
question no h ,cfa siuo tomar sondeo>
de la b hia Haichu. cuya S. gunda
noticit pare,e corroborar un despacho
al DAILY Telegraph. "
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1905-06-01

t'cdfN fcCfnfcnuo 1of las tarnrs
iss sslidos mimos del sol 20
cute cue a America a mat
ha. q ios iiescos hslAgos de-
nusda.QusviT. cue va en husca
De- ONcano.
Mcuos yalcEoSa que ga hci
mana. coma Altoona. despue.
ae haher goxado los dias del
amor ,nxo Ia y, na dc veF llegaT
l,s osl hastlc. Ion lAedTo Ia ol.
viio. Ia de,precio. v Dona Al
iona e rrlilo al convenio. CO
mo "a hermana. pago Ia debili
lsd con ei desengano.
Am. en- Santa Ines. yacen los
restos de "a amada sin ventura =
Y de "a despreciada Querida Y
al abandonar el convento. pen
sal, que Sc duran aquellos hue
SOS venei ables que la passion es
lremeSio.
Tn el patio. las flores rien.
lloran. febriies. exhalando su
perfume eterno.
T. Navarro y LedeSma.
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1905-06-01
NOVedadeS

Vida de Don Quijote, Unamuno.
Las b4talaS del amor, Bravo.
FL amo del mar Vogue.
La cadena. Amor.
Flor pagana, Mesa.
Hist ri. de las li.eraturaS. Sollie.
FL Quijote apocrifo, Avellaneda.
Apuntes CO rvatinos. Escovar.
Un gran inspirador de Cervantes
CnItivo del tabaco, Rodriguez.
Espana y Ia Regencia, Pirala.
La qujme'a Porlo Bazan.
Liberia del BOLETIN.