davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-04-03
RAILROAD COMMISSION.
Important Meeting Is to Be Held To-

Important Meeting Is to Be Held To-
 day.
 The regular montly meeting of the Alabama Railroad Commission will be held at the capitol today and it prom isss to be of more than ordinary inter- est.
 Since President B. B. Conner as- sumed his office there has been in- creased interest in the commission and its proceedings are watched by the public.
 Among the matters to be considered today is the answer of the Southern Railway to an inquiry by the commits sion concerning delay in beginning the work of building railway passen- gen station in Mobile.
 At the union railway station last night private cars were about as com mon as Pullman cars during a carni- val rush, bunch of five of them com ing in.
 Vice President E. l.. Russell of the Mobile and Ohio, Railroad, Third Vice President J. M. Culp of the Southern, General Freight Agent Capps of the Seaboard- Air Line, W w. Thompson of the Louisville and Nashville and General Freight Agent W. E.. Estis of the Central of Georgia were in the different cars.
 These officials will represent their different roads at the meeting of the State Railroad Commission today
The Montgomery advertiser., 1905-04-03
GRUEsOME DISCOVERY.
Body of an Infant Found in Cistern
 at Florence.

at Florence.
 Florence, April 2.-(Special. IA hor- rible discovery was made at noon to- day when the body of an infant was found floating ip a cistern in East Florence. The cistern furnished water for three houses, the water being drawn up in a bucket. Mrs Lute Olive. who lives in one of the houses. was drawing water today at noon when she saw the body and notified the police. Sheriff O. B. Hill, accompanied by Drs. Boyd and Lindsay, went to East Florence and examined the body The child had. evidently been in the cistern several days and three families had been drinking the water.
 An examination of the lungs showed that the child was born alive and an investigation was at once started to discover who its murderer was. Up to the present time no clue has been found.
 Postmaster J. T. Pitt received a communication from the department at Washington today, ordering the estAb- Iishment of a new rural free delivery route to be known as route No 6. The order will go into effect on Monday. May 1. and the route will cover eigh- teen square miles. The greater part of the route lies in Colbert County. It will serve a population of $50 people.
 c. P. Anderson has received notice of his reappointment as tax commits sioner for Lauderdale County for the ensuing term.
 The closing exercises of the school at Cloverdale, this county, were held Friday night, before an audience of 400 people. A most interesting pro- gram was rendered under the direction Of Miss Annie Poole. the teacher, which highly pleased the large audi Dnce.
The Montgomery advertiser., 1905-04-03
PATTERSON vs, IRWIN.

PATTERSON VS. IRWIN. Action of Trover. Appeal from the
 Circuit Ciurt of Coosa-
 l. Agency; when notice to agent not notice to principal.-When informa- ton Is given to an agent upon a casual occasion. when no act or transaction of the agency Is pending. and the occa- sion has no reference to the principal or to his business. such information to the agent Is not notice to the plaintiff of the existence of the fact about which 1t Is given.
 ?. Action of trover; priority of mort gage.-Where in an action of trover, the plaintiff claims under a mortgage which was duly. recorded, and which was given to secure the repayment of debt presently contracted. and the defendant claims under a mortgage which was not recorded. and of which the plaintiff had no actual notice, the plaintiff occupies the position as to the defendant of a purchaser for value of the property included in the mortgage, which constitutes a prior lien. and the mortgage given to the defendant, though executed prior to the plaintiff' s mortgage, cannot effect plaintiff s right to recover. and the defendants mortgage is not admissible in evidence.
 Affirmed.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1905-04-03

St. Joseph-s1o,OOO oil and gas com pany; laundry.
 Duenweg-Mlning company.
 North Carolina. Henderson-$25.OO 900 carriage factory. High Point-$100.0G0 pipe works. Ore Hill-Box factory Shelby-S50, 900 mining company. Rockingham-s25.OO 900 distillery. Oxford-$5,000 sash, door and blind factory.
 New Bern-s2O.OOO hardware com pany.
 Wilmington-$25.O0 .O00 medicine fac tory.
 Oklahoma. Guthrie-s1OO.OO steel wheel com pany; $500,000 oil company; $200,000 mining company; $5,000,000 car com pany; $100,000 chemical works; $150,- 900 construction company; $500, ,000 mining company.
 Homestead-$5.OO 900 telephone com- pany
 Anadarko-Land company. Oklahoma City-$1. 000,000 mining company.
 Eddy-$5,O0O telephone company. McLoud-$3OO,0OO mining and devel opment company.
 Mulhall-$1, 100000 oil and gas com pany.
 Wanette-Telephone system.
 South Carolina. Myrtle Beach-$75,OOO development company.
 Camden-$225,O 1000 cotton mill. BarnweIl-$1OO,0O0 lumber company. Copeland--Lumber company Mullins-s5,OO0 brick and lumber company.
 Tennessee. Jackson-Fer0lizer factory. ,OOO brick works; can ming factory.
 Cookeville-Fertilizer factory Bristol-$25O,OOO railroad shops power plant.
 Memphis-$6, 900 laundry. Dickson-Electric light plant. Lawrenceburg - $10,00O phosphate plant
 Hohenwald-$35.O .OoO lumber company.
 Texas. Dallas-s1O,OO0 development com pany; manufacturing company. Houston-$lO,O ,OOO gas burner com pany; $lOOOU oil company; $20,OOO oil company; $S0.OO0 construction com pany.
 ,OOO cotton gin. Timpson-$SO.O 900 land company McKinney-Electric light plant Orange-$75,O0O lumber mill. Pittsburg-Warehous company. Paris-Canning factory. Waco-$10O.00O mill and elevator company.
 tagorda-Canning factory. Garland-$5O,OOO oil and mineral company.
 Virginia. Emporia-$60, ,000 cotton mill. Norfolk-$50,O00 lumber company; $25,000 investment company. Richmond-$50,O 900 construction com pany.
 Roanoke-$1O.OOO investment com pany
 Stokesville-Extract plant. Franklin-Cross arm, pin and bracket 
 McKenney-Dry kiln. Chatterton-Saw mill; grist mill. Lincoln-$5,0O0 telephone system. Opequon-Telephone company.
 West Virginia. arleston-Planing mill; $l5O,0O0 coal and coke company Wellsburg-$1OO,0O 900 oil company. Clarksburg-S10.00 oil company. Glen Alum-$2OOOO coal and coke company
 Wheeling = $4OO,OOO construction 
 weston-s6O.OoO lumber company. New Cumberland--$1O.O0 900 oil and gas company.
The Montgomery advertiser., 1905-04-03
MARTINS BOUND OVER.
Charged With RObbinR the POstOmc
 nf K ellY.

Charged With RObbinR the POstORhCe
 at Kelly.
 Huntsville April 2.-Lur1 and Tom Martin, charged with rcbhing the post office at Kelly, were given A prelimina- ry hearing before Commissioner Green- leaf yesterday afternoon and bound ever to await the action of the Federal grand jury. Both men easily made bonds In the sum of $1.000. There Is practically no evidence against the defendants except that of the blood hounds trailing them and the question of whether a jury will convict man or the evidence of dog will be await ed with interest.
 R. NJ Otis, of Montgomery, State Or ganlzcr for the Improved Order of Red Men is In Huntsville organizing a new ledge of that order Several lodges have been established in North Alaba- ma during the past few weeks and the membership in the State is now about ten thousand
 President John W. Abercrombie of the University of Alabama addressed the teachers of the Madison County Teachers Institute yesterday on the advantage of attending summer schools Tn criticising the profession of teaching and lack of interest shown by teachers in the things that will as sst them in their work, the speaker said there are too many teachers who are only following the vocation as a stepping stone to something else. This results. he said, in a majority of teachers being inefficient and poorly paid.
 Congressman William Richardson has departed for Montgomery with a party of business men representing the tTN AL A H.l Railroad Commission with reference to a new passenger depot which the De- caturs are very anxious to have built. The delegation will petition the Com mission to order the railroads to build the depot.
The Montgomery advertiser., 1905-04-03

other major league man in the same position. Collins and Leach are the only third sackers worthy Of being compared with Bradley.
 For utility infielder Manager La. joie has secured Nick KahI, who played third base for the Kansas City West ern team in 1903, and with the Colo rado Springs team in the same league last season. Both years Kahl batted above the 300 mark and experts claim that be Is likely to show form which will make 1t hard for Manager Lajoie to keep him out of the game regularly.
 Manager Lajoie has four outfielders with him, two tried and true veterans and two minor league stars. Flick and Bay are the veterans ana both of them Bay was the champion base-runner or the American League in 1903, while Flick tied him for the honor last year because a sprained ankle kept Bay out of the game the last two weeks of the season. As a right fielder Flick center fielder Bay does not have to acknowledge any superiors.
 The youngsters are Vinson and Jim mic Jackson. Last season was Vim sons first as a professional player. He joined the Providence Club of the East ern League about the middle of the season and led the Eastern League in batting with an average of .360 in seventy-six games. He Joined Cleve- land the latter part of the season and played fifteen championship games with the Napoleons. Jimmie Jackson was one of the star batsmen and the champion base runner of the American Association last season. He led the champion St. Paul team, as run get ter and in every way gave promise of being strong enough 10 hold major league job.
The Montgomery advertiser., 1905-04-03
TRADEsMAN's WEEKLY REVIEW.
New Industries and Industrial Develop
 ment in South.

Chattanooga. Tenn. April 2.-(Spe- cial.)-Scuthern industrial develop ment for the week ending today Is de- tailed by the following summary pre- pared from reports to The Tradesman. Electrical equipment In connection with manufacturing plants and for lighting purposes forms quite a con spicuous part of the weeks excellent showing. Among the heaviest capi- talized new concerns is a two million dollar gas plant at Little Rock, Ark. New cotton mills and gins are reported from the cotton States. and a number of lumber companies are in the list of new plants for the week. From Okla homa two new enterprises are report ed, each with capital of $1,000,000. The list as compiled by The Trades man is as follows:
 Alabama. Carbon Hill-Eleetric light plant; $10,000 water works.
 Anniston-Electrical and manufac- turing company.
 Birmingham-s1O.OOo 900 manufacturing company.
 warrier-s1OO.OOO coal and iron com pany.
 Lafayette-Cotton gin. Pell City-$10,000 chemical com pany; $S.500 manufacturing company. Mobile-$10,00O concrete and build ing block company.
 Arkansas. Little Rock-$2.OO 900 gas plant. Texarkana-$50.oOO oil and develop ment company.
 England-$1O.OOO ice factory.
 Florida. Mathematician cotton gin. Eustis-Gas plant; water works; electric light plant.
 Gainesville-Ice factory.
 Georgia. Hawkinsvllle-$15,O ,OOO lumber com pany.
 Cordele-BugGy and wagon factory. Elberton-Cotton mill (near) Dahlonega-Mica mines. Columbus-Telephone system. Macon-$75,0OO leather factory. Richland-Water works. Atlanta-Company to manufacture and deal In electrical supplies. Savannah-Saw mill (near.) LaGrange-Oil mill and gin.
 Indian Territory. Notwithstanding factory.
 Kentucky. Montgomery-$S, 900 lumber com pany.
 Mt. sterling-Coal mines; lumber company.
 Louisville ,oOO brick works. Owensboro-$5O.O0O coal and land company.
 Perryville-Grain elevator. Lexington-$10O,O0 paint and var nish factory.
 Livermore-Saw mill; chair factory.
 Louisiana. De Ridder-$25,0 ,00O oil company. Lake Charles-Telephone system. Franklin--Sugar refinery (near).
 MississiPpi. TupeIo-$15O. fertilizer factory. Cleveland-$2O,O 900 light, ice and fuel company.
 Meridian-$1OO,OO ,OOO medicine factory, Williamsburg-$14,O0 1000 water works. Utica-Oil Mill Brookhaven-Cement building block factory.
 Gulfport-slOO,OO 900 land company. Millview-$10O.0 900 lumber company.
 Missouri. St. Louis-$l0,000 investment com pany; $30O.00O glass factory; supply $70,00O manufacturing com pany.
 Kansas City-Stamp mill; $25, 900 coal and coke company; oil refinery and pipe line company; $2Oo.Oo0 machinery works.
The Montgomery advertiser., 1905-04-03
Head-Notes Qf the Decisions
 0 Supreme Court Alabama

BENNETT. ADMX. vS. MKEE. Statutory Trial Of the right of proper ty. Appeal from the iCrcuit Court of Marengo.
 l. Claim suit; sufficiency of affidavit In a statutory trial of the right to property, where the claim to the prop erty is based or Q mortgage or lien, the affidavit of claim must state the nature of the right. and if faulty in this respect, the claimant must be cast ill the suit.
 g. Rent: sufficiency of assignment in mortgage.-Where in mortgage. the mortgage grants, bargains. sells and conveys" to the mortgagee. all rents that may be due him during the cur rent year. such words are sufficient to assign to the mortgagee rent due the mortgager fro ma tenant .and this is true. although the mortgage may never have been recorded.
 Reversed and remanded
 Opinion by Tyson. ]
 HEYL VS. AETNA INSURANCE
 COMPANY. Action on Policy of Fire Insurance. Appeal from the Circuit Court of Marengo.
 1. Fire insurance; forfeiture of poli- cy by taking additional insurance without consent.-If the insured in a fire insurance company effects addi- tional insurance on the insured prop erty in violation of an expressed con dition in the policy, without requiring the written consent of the insurer, as required. this constitutes a breach of
The Montgomery advertiser., 1905-04-03
Tennennee Derhy Today.

Memphis, April 2.-Indications to- night are that the field for the Tennes- see derby. which will be run tomor- row evening, will consist of only three starters Ramshorn, winner of the Montgomery handicap, struck himself in that race and according to Captain Williams, his owner, will not start. Whippoorwill, also from Captain Will liams's string. is a doubtful starter. Captain S. S. Browns bay colt Agile is therefore a prohibitive favorite over Jack Lory and John Smulski. A light rain fell tonight but with bright weather tomorrow the track will be In pnnd condition.
The Montgomery advertiser., 1905-04-03
LA JOIE COMES TODAY
NAPOLEON OF BASEBALL DIAMOND
 TO VISIT MONTGOMERY.
High SaIaried Manager of Cleveland Team Will Play st Athletic Park--Some of His
 Fast Players.

Napoleon Lajoie, the highest salaried baseball player in the world. and his Cleveland team of the American League will reach Montgomery at 6 o'clock this morning and will play Tom OBrien's Montgomery aggregation tnis afternoon and tomorrow afternoon.
 The Cleveland squad this season p made up as follows: Behind the bat there are Harry Bemis. Fred Beulow, one of the finest throwing backstops in the game, whose only weakness is with the stick, and Mig" Clarke, the popu- lar Atlanta backstop of last season whose release was purchased by the Cleveland club last fall. The pitch ing staff consists of Bernhard, Dona- hue, Moore and Joss. four veterans Of well known ability, along with Dusty Rhoades, the former Southern Associa- tion star who had an indifferent ca reer in the major leagues until last season when he was rated as one of the most reliable twirlers on the Cleveland staff from the first of July till the close
The Montgomery advertiser., 1905-04-03
EmhenrIement Chnrreh

sam Freeman, a negro, who works for NJ. Spigleman Tn a mattress fac- tory corner Dexter Avenue and Hull street, was arrested by Police Officers Pendergrass and Murrell at 1 80 o'clock yesterday morning and locked up at police headquarters charged with em- bezz.ement. Freeman is said to have collected S5 from one of Mir. Spige1- mans customers which he appTopri- ated to his own needs. hence the ar. rest.
The Montgomery advertiser., 1905-04-03
COUNCIL TONIGHT.
Aldermen to Hold Last Meeting Before
 Primary.

The last meeting of the City Council before the primary election in which members of the new Council will be elected takes place tonight in the Council Chamber at S o'clock.
 Every member of the present Council with the exception of Alderman Thompson of Ward is a candidate for reelection and there are some, who may know at the time of the next Council meeting, that their public ser vices will end in October,
 Few matters of great importance will come up at this meeting. It may be that the Police and Finance Com mittees will report on the ordinance the appointment of twenty
The Montgomery advertiser., 1905-04-03

new patrolmen and it is probable that the Finance Committee will have Alderman Jacksons ordinance appro- priating $25 a month for each military company ready for action by the Coun- ell.
 The movement of the Commercial and Industrial Association and the Civic Improvement League to beautify Mont gomery may come up in the shape of an ordinance authorizing the appoint ment of a park commission.
 The White House of the Confederacy Association may have an ordinance be- fore the Council contemplating the pur- chase of this property by the city while various routine matters may come up
 Nsu, yorL Anr,I vUi,1,.,. nS..
The Montgomery advertiser., 1905-04-03

day on the steamer Campania from Liverpool Mrs Marconi was the Honorable Beatrice OBrien, fifth daughter of Lady Inchiquin. The mar riage took place in London nn March IT.
The Montgomery advertiser., 1905-04-03
BOARD OF EMBALMERS.
Meeting in Montgomery Today to Ex-
 amino Candidates.

The Alabama State Board of Elm balmers will meet in Montgomery to- day to examine candidates for licenses for embalmers' certificates.
 The State Board is composed of P. B. Dixon of Mobile, president; John Anguin of Ensley, G. A. Thomas of Mobile, J. H. Corsby of Anniston, and T. r. Leake. Jr, of Montgomery.
 On Tuesday and Wednesday the an nual convention of the Alabama Funeral Directors Association will be held Undertakers from all Alabama will be present. The meetings will be held at the Elks home on Bibb Street.
The Montgomery advertiser., 1905-04-03
The Confederate Flags.

Are being returned by the Govern Fnent to the south. They cannot send you any, but we will mail you 2 silk ones. I2x1& inches. battle and national upon reseip< of $1.50. Every south ern home shauld have the Confederate Flags.
 J E. ouarlelN co, Richmond, Va
The Montgomery advertiser., 1905-04-03
seyyipg Machine Barxains

real ones. at Singer stores. Buy here and deal with the manufacturers. The Singer Company is permanent and re- sponsible; its representatives are al- ways at hand to care for Singer Ma chimes. Look for the red S. 104 Dex- ter Ave. Montgomery. Alo
 adV-mon.
The Montgomery advertiser., 1905-04-03

the condition. and operates a forfeiture of the policy. and thus rendering 1t void. unless such forfeiture Is waived. Affirmed.
 Opinion by Tyson. J.
The Montgomery advertiser., 1905-04-03
Personal ff1enticn

MT. D. A. sapp, of Eufaula, is in town.
 MT. N A. Berger. of Florence, is in she city.
 MT. c. S. Phillips, of Columbus, Ga, is in town.
 Hon. A. M. Tunstall, of Greensboro, is in town.
 Mir. J. W. Bullock. Jr., of Pensacola, is in the city.
 Mir. J. M Paulk, of Union Springs, is in Montgomery.
 Mir. E. M. Blackburn. of Marion, was in Montgomery yesterday.
 MT. J. W. Hunnicutt. a prominent resident of Bibb county, is in Mont gomery.
The Montgomery advertiser., 1905-04-03

BEAUTIFY THE HOME. Spring beddings plants of all kinds. Bulbs for summer planting. We have the largest stock in the State.
 ROsemOnt Gardens, if Phone 200.
The Montgomery advertiser., 1905-04-03

New York. April William Marco ni and Mrs. Marconi arrived here to.
The Montgomery advertiser., 1905-05-03
"Ruthi"

per introduced in evidence by The pe- ution purporting to be a copy of inc report made by John R. Tompkins to the said Robert B. Lindsey, Governor, IS true copy of the report made bv the said Tompkins to the said Lindsev. referred to in the said act of Februarv
 1th. 1879, and that the petitioner is entitled to the issuance by the re- spondent of patents duly executed to the Perido Bay Lumber Company of the lands embraced in the said orisf- nal patents. said certified copies of the said report.
 Tt is therefore ordered by the court that the respondent shall and do exe- cute and cause to be executed in due form of law a patent or patents to the Perido Bay Ldmber Company, em- bracing the lands shown and described in said original patents. certified cop ies and report, and to deliver the same to the firm of Blount and Blount on or before the 29th, day of May, A. D., 1905, and do make to this court within said time a return showing a due and full execution by him of this writ
 "Dne and ordered in open court in the City of Montgomery, this End day of May, 1905."
The Montgomery advertiser., 1905-05-03
MUST ISSUE PATI MS
JUDGE sAYRE DECIDES AGAINST
 GOVERNOR JELkS.
Lumber Company Secures Writ of Man damus fin Controversy as to Lands-NeNs of the Other
 Courts.

Judge A. D. Sayre yesterday grant ed the writ of mandamus applied for by the Southern States Lumber Com pany to compel Governor Jelks to issue to that company patents for 141,OoO acres of timber lands granted by pur- chase, authorized by special act of the legislature of 1879.
 Governor Jelks through Attorney General Massey Wilson accepted the service of the mandamus and it is not thought that the case will be appealed to tho Supreme Court.
 It will be remembered that Governor Jelks contended that he was not re- quired to issue the patents but the lumberI company should secure them through the legislature.
 Judge Sayre's ruling was as follows:
 This cause coming on to be heard upon the petition, the first plea of the respondent, tho agreed statement of facts signed by the respondent, the evidence introduced by the petitioner and the argument of counsel for the respective parties and having been considered by the court:
 The court finds that the papers introduced by the petitioner purporting to be patents or certificates issued by Robert B. Lindsey. Governor of Ala bama. and numbered 710 to 7S6 inclu- sive, 7SS to S95 inclusive. and 1898 are the original patents Issued by the said Robert B. Lindsey to R. F. Queal. O. II. Queal and Sarah K. Scott in the year 1872. and are a portion of the patents referred to in the act of the | legislature of the State of Alabama. dated February 12tn. 1879, and that the lands described in said patents are part of the lands confirmed to the Perido Bay Lumber Company, by said act. that the papers purporting to be certified copies of patents issued by the said Robert B. Lindsey to the said R. F. Queal. O. H. Queal and Sarah K. Scott, and numbered 721. S96. 1923. 1924. 1lO5. 124s. 1244, 1245, and 1246. introduced in evidence by the peti- tioners, are true copies of original pat ents issued by the said Robert B. Lindsey to said Robert F. 0ueal. O. H. Queal and Sarah K. Scott. which are referred to in the said act of the legislature of the State of Alabama, dated February 18th. 1879. and that the lands described in said certified copies are a part of the lands con- firmed by the said act to the said Peri do Bay Lumber Company, that the pa-