davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-07-16
Any Pair shoes in the Store 20 per cent off for Cash. Annual Discount Sale Starts Monday
 Bullock Shoe Go.
Hard to Play On.

Success Magazine.
 The experiences of George E. Cortel- you, chairman of the Republican Ma tional Committee, during the recent campaign were many and varied. With keen relish he tells of one that came under his notice.
 country club about to give parade was debating as to the number oi transparencies to be had in line. It was about settled that twelve would be the proper number when an old fellow with his trousers tucked in his boots arose and said:
 T guess two will be about right 'Tain't at all likely more'n two will know how to play on 'em.
The Montgomery advertiser., 1905-07-16

Electric lighted dining cars are on trains leans Lebanon and Cincinnati; also on trains 2 to between Montgomery ana Nashville Service Ia carte.
 New and handsome chair cars tseats free) operated on trains and between CtncInnau and New Orleans. High back ssat coaches and chair cars are also run on all through trains between cincinnati. Louisville, St. Louis. HVansVhe' MeihpAS' Nashville and New Orleans.
 Train Mo- carries through Pullmans from Chicago, Cincinnati and New York to New Orleans Also through day coach and sleeper between St. Louis and Montgomery. through tourist sleopers to San Francisco Orleans and St. Louis to Jacksonville: also
 Train No. carries through Pullmans from Cincinnati and New York to New leaving Montgomery at 8:so D. m. Tuesday.
The Montgomery advertiser., 1905-07-16
HOFFMAN V. MILNER.

Bill in Equity to Foreclose Mortgage. Appeal from the Chancery Court of Tallapoosa. ~".
 1. Arbitration; concludveness of aa ard: usury.-Where the question of ind ebtedness between two parties is sub mitted by agreement of the parties to a rbitrators, and one of the stipula- 1iona of the submission Is that legal lnter est should be computed upon the Stems or indeptedness found. from the Hates Of maturity. and In accordance with such submission an award is made by the arbitrators ascertaining E ehe ann punt to be due from one of the parties to the other. for which notes are gfv. n, secured by a mortgage, if wpon dea 'ault being made in the pay
The Montgomery advertiser., 1905-07-16

STATE e1 rHoxpsoN. as5 soylNaroS v'' Quo warranto proceedings as to office of County Superintendent of Edu-
 cation.--Appeal from the City
 Court of Montgomery.
 1. Constitutional law; retention of general law contra distinguished as to local law.-A law that is general in its terms and Is in good faith so framed that all parts of the State may come within it's operation. is a general law within the meaning of the constitution; and the fact that at the time of it's passage there may be in the State objects for its present operation. or where there are special laws already in existence, which must be repealed be- fore the general law becomes operative therein, does render such law any the less a general law.
 2. Same; the general election law general and not a local 1aw.--The act of the Legislature providing for the holding of general elections in the State of Alabama (Acts, 1908, p. 43s), is not rendered local law by reason of the provision of section 1O6 of said act which provides that the provisions thereof should apply to all primary elections, and all elections by counties and municipalities held in the State, except in cases where the provisions thereof are inconsistent or in conflict with the provisions of law governing special primary county or municipal elections
 S. Constitutional law; when term of off1ce of County Superintendent of Montgomery County expires-Under the act 'to provide for the election of the County Superintendent of Education of Montgomery County" approved Feb. 7th 1899 (Acts, 1S9S-99 D. 676), providing that the County Superintendent Of Education of Montgomery County should be elected at the general cleo ton to be held on the first Monday ir August, 1900, and at the general cleo ton every four years thereafter in the same manner as the other officers are elected: and that the term of office oi of said County Superintendent "shal begin on the first day of October next following such election, and that hs shall hold said office under the laws governing public schools. and until his successor is duly qualified" 6 change of time in the holding of the general election in the State to Novem- Der, has the effect only to postpone the time of the change in the office of County Superintendent of Education of Montgomery County until the new officer can be elected at the genera election in November. and until he has qualified--the old officer simply holding over until his successor has been elect ed at the general election in November and until he has qualified-the old of ficer simply holding over until his sue cessor has been elected at the general election in November. and has qualified thereafter
 Reversed and rendered.
 Opinfon by Simpson J.
The Montgomery advertiser., 1905-07-16
NOTICE.

Passengers going to Electric Park direct over the Montgomery Street Railway line, upon payment of 10 cents to the conductor, will be given a return ticket and a free coupon to enter the park enclosure. Those trnns- ferring from other lines of this conn pany to the Electric Park Line will present their transfer and pay 5 cents, for which a return ticket and a free coupon to the park will be given.
 Montgomery Street Railway.
The Montgomery advertiser., 1905-07-16
Standard Money Doing Good.

Chicago Tribune
 The American people do not like MT
 Rockefeller's high finance system. They would gladly see him give less
 away if he would change his methods and return some of his ill-Eotten
 wealth to the persons from whom he | extorted 1t. NBut being common :
 sense people, they can't see that be- | cause fortune was Ill got 1t neces- sarily follows that none of 1t may ever be devoted to good purpose. They do not believe American young men and women will learn less Greek or
 mathematics at Yale or paint worse pictures at Rome because MT. Rocke- | fellers money helps pay the bills.
The Montgomery advertiser., 1905-07-16
YEAr V. THE STATE.

Prosecution for Carrying Concealed
 Weapon-Appeal from the County
 Court of Coffee.
 1. Trial and its incidents; general request for charges by defendant: how reviewed on appeal-The recital in bill of exceptions that the defendant asked the court to give the following charges in writing, to witt" followed by four charges numbered consecutive ly. does not show that the court was separately requested to give each of said charges; and the court cannot be put In error for refusing to give said charges unless there was error in re- fusing all of them
 2. Charge of court to jury: reason
The Montgomery advertiser., 1905-07-16
Opinion by Haralson. ,.
LAW V. THE STATE.

Habeas Corpus Proceedings.-Appe8I
 from the order of the Judge of the
 Twelfth Judicial Circuit. l. Act creating Houston County; mo- tice of intention to apply for the pass age of the law creating said county sufficient.-The notice given of the in tention to apply to the Legislature of the State of Alabama of 1903, for the passage of a law creating a new coun- ty out of portions of Henry, Dale and Geneva counties was sufficient under Section 106 of the Constitution, and was not subject to constitutional objections, because 1t failed to state the boundaries of the new county. as defined and fixed in the act.
 Affirmed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1905-07-16

Wednesday and Saturday Via New orlsaa.
 and Southern Pacific. Train No. 2 carries through PuIlms,. from Now Orleans to New York and Cinc,a
 Tnati and Jacksonville to St. LouIs n,a S, CT to Chicago. sS Train No. carries through Puilm.n sleepers from New Orleans to New YorE Cincinnati, Chicago and through day coa
 and slssp-r Montgomery to St Louis with. out change.
 All through trains make close connection lat Cincinnati, Evansville, St. Louis and New Orleans for all points North, south. i.
 East and West rates. routes and schedules consult tickst agents L. & N. R. R. write or call on P Sid Jones. Dist. Pass Agent, and R. lA Peirce. Tray. Pass. Agent Birmingham.
The Montgomery advertiser., 1905-07-16

Mrs. Sarah Ann Wolf of Utah. who has died at the age of 91. left ten chlI- dren, eighty-one grandchildren. lSS great-grandchildren and twenty-three great great grandcnildren-in all sos living descendants. Fifty-four or heI descendants are dead
The Montgomery advertiser., 1905-07-16

Something nice for supper these hot days-nO cooking. Salmon, BOned Chicken, Devtled Ham, Ham Loaf, Veal Loaf, Lunch Tongue, Chip Beef. and all kinds of olives and pickles.
 Phone 606. smith & wornum.
The Montgomery advertiser., 1905-07-16

able doubt.-In a criminal case. a charge which tnstructs the jury that
 before the defendant can be convicted.
 leach and everyone of you must be
 persuaded beyond a reasonable doubt
 to moral certainty, and to the exclu- sion of every reasonable hypothesis of defendants guilt as charged, Is er- roneous and properly refused. Affirmed.
 Opinion by Denson. J.
The Montgomery advertiser., 1905-07-16

Our annual 20 per cent Discount Sale begins Monday. See large display nd. in t0day's Advertiser. Bullock Shoe Co.
The Montgomery advertiser., 1905-07-16
MOBILE & OHIO R. R.

LOW hUN ND ThAf RATED 1O
 DENVER, COLORADO.
 Official Route
 South Ga. Stats League Conference. Special through sleeping ears win leave Montgomery via N. | o. at ll:4S c m Jely change. Route soins: M. q O. to st Les.a. c. 6 A. Ky. to Kansas City. Vnt2n feSat2e to Kansas City. c. { A. to st. LeyiA M- { 2. to return ana R Fu.slo S maSs sna stopoSers are allowed. Numsrous side trips to points of interest at low rstss visitofs cisi attention viii bs given ladis: by Mr. and Mrs. N. W. Hovard of Columous. ca-s party. - ~x xr Howard, Coiumbus. Ga. CT P. c Hay. A E. P. A. Montgofnery. Ala
The Montgomery advertiser., 1905-07-16
Head-Notes @ the Decisions
 Qf Supreme Court Alabama
SEABOARD AIR LINE RAILWAY V
 HUBBARD.

sEABoARD AIR LINE RAILWAY V.
 HUBBARD.
 Attachment suit.--Appeal from.the Cir
 cult Court of Mobile.
 1. Rulings on motion to QuasnShooio be shown by bill of exception on ap- peal.--The rulings of the trial court on motion to quash a writ of attachment service, atc., will not be reviewed on appeal unless such rulings are pre- scented by a Dill of exceptions.
 2. Pleading and practice; how as- signment of error upon pleadfnss con sidered on appeal-When an assign ment of error, based upon the rulings of a trial court upon demurrers to two separate pleas, is a joint and single as- signment, 1t is unavailing to work reversal of the judgment, unless there was error in the ruling upon the de- murrer 60 each of the pleas.
 D. Action against railroad company for breach Of contract of affreightment' admissible in evidence.--1n an action against a railroad company to recover damages for the breach of contract of affreightment, a statement and certificate made by the conductor of the defendant relating to a transaction that was past. having reference to the freight shipped over the defendants line, is not admissible in evidence over the defendants objection.
 Reversed and remanded.
 opinion by Dowdell. J.
 STATE, ex rel, TYSON, ct al, V.
 HOUGHTON, ct al.
 Proceedings in the Nature of Quo War
 ranto.-Appeal from the City Court
 of Montgomery.
 |. Board of Revenue of Montgomery County; local act requiring appointment not repealed by general electfon.-The local act approved February 2S, 1902 providing that the members of the Board of Revenue of Montgomery Coun fy should be appointed by the Cover nor. is not repealed by the general alec- tion law, approved October 2S, 1905 which provides for the election of diff ferent State and county officers.
 Affirmed.
 Opinion by Dowdell, J.
 BRADLEY. ct al, V. BELL Bill .n Equity 10 remove Cloud from
 Tifle.--Appeal from the Chancer.
 Court of Lowndes.
 1. Bill to remove cloud from title when cannot oe maintained by pur- chaser.-One who is holder of a bond executed by the owner of lands con ditioned to make him a title to the lands described in said bond, upon the payment by him of the purchase money, cannot maintain a bill to re- move a cloud from the title to said lands until he has paid the purchase money as provided for in said bond.
 Reversed and rendered. Opinion by Mcclellan, c, J
The Montgomery advertiser., 1905-07-16

 foreclose the mortgage. a plea filed by the debtor mortgagor to such bill. all leging that there were numerous items of usury included in the finding and award of the arbitrators present Is no defense to the maintenance of such bill: the issue of usury vel non having become foreclosed and concluded by the award.
 Reversed and rendered.
 Opinion by Mcclellan. c. J.
 GILLETT EFT AL v. HIGGINa. Bill in Equity for Settlement and Dis solution of Partnership. and for Appointment of Recsiver.-Appeal
 from the City Court of Bessemes in Equity.
 l. Dissolution of partnership: equity of bill in chancery.-Whsre one of the members of a partnership has been ex- and the stock of goods owned by the firm has been taken into the possession of the other member of the partner | ship in collusion with a third party l the partner so excluded can maintain Q bill for the dissolution of the part nership.
 2. Dissolution of partnership; ap- pofntment of receiver.-Where 6 bill is filed seeking a dissolution of a part
  that the complainant will be entitled a decree for dissolution. 1t Is proper to appoint a receiver of the partnership { assets in business.
 3. Same; same.-Where bill is filed for the settlement and dissolution of a partnership, and the complainant also asks for the appointment of a re- ceiveF. and 1t is averred that the de- fendant partners sold out the firms goods, and turned over the business to strangers, to the utter exclusion oi the complainant, and in utter disre- gard of his rights and interests, there | is made out a prima facie case for the | appointment of a receiver even with. | out notice of the application. (. Appeal does not lie from refusa | of court to vaoate an order appointing a receiver.-An appeal does not II, | from the refusal of the court to vacatt an order appointing a receiver; suct I order being merely interlocutory. and not being one from which under tht | statute an appeal can be taken. Affirmed.
 Opinion by Hara1son. ].
The Montgomery advertiser., 1905-07-16
Reversed and rendered.
 Opinion by Simpson, J.
AFFORD ct al. vs. HICKS.

AFFORD ct al. vs. HICKS. Bill to restrain acts under an alleged
 unconstitutional 1aw.-Appeal from
 the Chancery Court of Mobile.
 l. Constitutional law; passage of local law.-The Legislature of Alabama cannot enact constitutional law without violating Section 106 of the Constitution. when the notice of the intention to apply therefor. as required by said section, shows that the act pro- posed to be enacted, if enacted as set forth in the notice, would be uncon- stitutional.
 2. Same; act to establish inferior civil court of Mobile County unconsti- tutional.-The act of the Legislature of Alabama approved September 26th 1908, entitled ''an act to establish an in ferior civil court of Mobile County in lieu of justices of the peace for the city of Mobile" Uocal Acts 1903. pp. 34s- Sb2), is unconstitutional and void, be- cause the notice required by Section 10t of the Constitution to be given stated that he court proposed to be establish ed should have Jurisdiction to the ex- tent of $300.
 Affirmed. -.
 nntpton hy Tyaop T
The Montgomery advertiser., 1905-07-16
Opinion by Tyson. J.
ruApMAN & cO V JOHNsOr

CHAPMAN & co. V. JOHNSON. Registration of Mortgage.-Appeal
 from the County Court of Geneva.
 l. Mistake of officer recording it does not affect rights of mortgagee-- Where a mortgage Is duly filed for re- cord in the office of the Judge of Pro bate, such filing is under the provis- Ions of the statute. Code 1896, Sec. 9SD operative as notice of the mortgasee's lien from the day delivered to the Judge; and a mistake of the officer in recording the mortgage does not affect the rights of the mortsagee thereafter, nor render the record of the mortgage ineffective as constructive notice to such subsequent purchasers for value.
 Affirmed.
 Opinion by Denson, J.
The Montgomery advertiser., 1905-07-16
pinion by Denson, J.
STATE V. JOHNS.

STATE V. JOHNS. Habeas Coxpus Proceedings-Appea
 from Order of Probate Judge of
 Clay County
 i. Indictment; insufficiency of charge of adultery.-An indictment which charges that the defendant. "a man did live with a woman. against the peace and dignity of the State of Alabama" charges no offense against the laws of this State.
 Affirmed.
 Opinion by Tyson. J. HUTCHINSON vs. BIBB EFT AL, AND
 BIBB EFT AL vs. HUTCHINSON Bill in Equity to have Declared Void
 Will and Deeds of Conveyance.
 Appeal from the City Court of
 Montgomery in Equity.
 1. Undue Influence; as to transac- tions inter ySvos.TIn transactions in ter views where continental relations exist between the parties, the law raises up the presumption of undue influence, and when the donee Is the dominant party in the transaction. the burden is upon him of repelling such presumption by competent and satis- factory evidence; which is usually done by showing that the grantor had the benefit of competent and indepen'
The Montgomery advertiser., 1905-07-16
SPECIAL RATES
 L. & ".

TORONTO. CANADA. and return. .ss9 10 Account the International Sunday school Convention, tickets will Oe sold June 1e, 2O fare plus 50 cents for the round trip. Tick cts may be extended to August 25 by pay ing fee of $l. .oO. Delegates and inch friends will leave Montgomery in special at 6;33 p. m. June 20.
 x Account International Epworth Leaxue Convention. tickets will be sold June 70 to tension of final limit be had to August s by dspositing tickets and paying fee of 50 cents. Delegates and their friends win leave Montgomery at s:35 a. m, July srd and through sleepers will be operated from Birmingham L. N designated Official PORTLAND. OREGON, and return
 Adverse rOutes) .... ... Rs1 Be For further information, rates, reserva~ tions. etc.. call on or writs.
 R. c. Peirce. T. P. A Birmin9hsmg. Ala Ala
 ?. Sid Jones. D. P. A.. Birmingham, Ala
 tu-thu-9a
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23

The Ward
fall Of Mno
Wiliston Herald.
Bro Disney OF the above paper much concerned
Mlnots welfare lie untruhfu when he
downfall of Anot We do believe in being conservative when
realize that or two hundred families kept Mnot
because have houses because
know that the Great Northern shops coming here
az those houses are built believe saving nothing that
appears Inconsistent Bro disney has lived North but
afew weeks and his newnes will be excused It's poor policy
Tor him to to build his business tearing
interests Of Minot and her newspapers Show
spirit Bepeasant Be good Don't knock Speak good word
for neibor and bespeak for successful
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23
WatermeIons Grown Successfully
Near VelVa.

VELvA, N. D., Aug II. Wat
ermelons can beprotitably raised
in North Dakota. Andrew Le-
berg, an extensive farmer and
stock raiser, also deputy sheriff
of this county, by way of expert
ment, planted this spring, quite
early, quarter OF all acre in
watermelon seeds, and The re-
suits have exceeded his most
sanguine expectations, as the
ground is thickly covered with
quite large melons, and he has
already disposed Of to local
merchants and distributed to
his friends more than a wagon
load, and yet no appreciate
diminution. He is also expert
menting with a small patch OF
peanuts. as we'll as sweet pota-
toes. Great credit is due to Mr..
Leberg's Industrious xperi-
ments III lines heretofore consid-
cred useless.
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23
A 1000 MILE EXCUR SION.

On Wednesday. Aug 23rd, 1905, the
Great Northern Railway will run spe-
cial train from st. Paul to Washington,
the Evergreen State. This train will be
accompanied by experienced Immigra-
ton Agents who will explain the coun-
try and points OF interest enroute.
Stopovers will be made in North Dako-
ia, Montana, Idaho and Washington for
the purpose Of investigating the diff
ferent sections. This is grand oppor7
tunity to visit this wonderful region
under the most favorable conditions.
The excursion will stop ct Spokane,
EAerett, Bellington, Seattle, Vancouver,
Victoria and the Lewis and Clark Ex-
position ct Portland, Oregon.
For full particulars and other infor-
nation apply 70 any agent Of the Crest
Northern Railwayo Of 70,
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23
Not Dead, but Steering.

Niger John. who works at
Mr.. Smiths swell shining par
lors on Main street, went to
sleep Saturday aft-rnoon, and
several who sauntered up to the
stand shook the coon and tried
to awaken him. But he snored
and snored perhaps he was
dreaming that he was back IN
Tennessee eating possum. Pass
ers by blocked his door with
signs, chairs, dry goods boxes,
and awaited developments. The
colored gentleman longed for a
good sharp razor when he was
at last reslrrected
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23

1t is only few more days till
Sept. l, and although it is hard
to restrain yourself from taking
q pot shot at the covey of pra-
irie chickens, yet you had better
respect the law and wait a few
days. What's the use of having
a law if it is not enforced, and
withal it is an important law
and no true sportsman will
break it.
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23

The Bath Gate Pink Paper re-
marks that most editors pay
pretty dearly for their free
rides" on railroads, if one would
stop to figure up the cost OF ad-
vertising for one year, then figure
out how many miles he has trav-
eled. Yes, and the editor who
gets complimentary tickets in to
the shows and theatres that visit
the town generally pay the dear
est for them. Verify the editor
getteth little for nothing.
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23

An individual at kenmare
named H. E. Peck announces in
the Kenmare journal that he
does not like Minot. Well, as a
rule, a man likes a city just
about as we'll as he is liked at
the place. and perhaps this has
something to do with the Ken
mare man. Mr.. Peck may be OF
a retiring disposition, and if so,
might not like the noise of a
wide awake, growing western
oi+x,
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23

R. J. Turner, former commits
sioner of agriculture OF the state,
estimates that North Dakota
this year will market SO,OOO,OOO
bushels OF wheat, while the fax
crop will aggregate 23,0OO,OOO.
Half that amount has been con-
sidered big yield for the state.
There will be few poor people in
the state this fall. Nowhere will
money be SO plentiful. The In
DEPENDENT hopes that the peo-
pie will not lose their heads, so
to speak, and make unwise
speculatioEs. Money invested
in farm lands, purchased at the
right figures, cannot help but
prove an excellent Investment.
Many farmers will improve their
places with good houses and
barns, wells of pure water, gran
aries, ETC., and all those will
bring peace and comfort to the
prairie home.
The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-23

The INDEPENDENT has urged
it's readers to bring samples OF
their grain, grasses and vegeta-
bles to the office of Devine &
Stenersen, that the same might
be taken to the state fair and
later placed in a touring car and
taken through the eastern states.
So far only a comparative few
have brought in samples, and
we know that everyone OF you
can find an inter esting sample OF
something on your farm. Go to
a little trouble, and if you will
not be rewarded your neighbo1
will, and your land will have in.
creased in value great deal.