davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-10-26
IN FAVOR OF JEROME
REPUBLICAN CANDIDATE QUITS
 THE RACE.
Charles Hammer Resigns and Asks His Party to Assist in Re-Fclec- tion of Present District
 Attorney.

New York, Oct. 25.--Charles B. Flam- mer tonight announced his resignation as Republican candidate for District Attorney and appealed to the members of his party to support the candidacy of William Travers Jerome. MT. Flam- the following statement given out by Chairman William Halpin of the Re- publican Party Committed:
 When I accepted the Republican nomination for District Attorney, did so in good faith and full expectation, if elected. of being able to serve the people of this community honorably and well.
 "As a member of the Republican Par ty desire to put myself in accord with the best tradition of that party in lead ing sound public sentiment by not con- tinuing my candidacy for District At torney against William Travers Jerome and in response to what I recognize to- day as the sense of the majority of I retire as a candidate for District At torney.
 Though the thought is apparent from the principle which occasioned my retirement, I am hopeful and con fident that my action must assist in the unification of those citizens opposed to the continuance of the administration of this city by Mcclellan, Murphy and Tammany in the support of MT. Wins for Mayor"
 MT. Hammer closed with an appeal to all Republicans to vote for Jerome
 MT. Halpin was then asked why Mir Hammer had resigned.
 T don't know" replied the county chairman. He came to me this after noon and said he desired to retire. To this made no objection, and I believe that this retirement will be most help full to MT. Ivinss candidacy It Is too late now for the Republicans to nominate any one to take Mir. Flam- mer's place"
 What effect will the resignation have upon MT. Jeromes candidacy?'' was asked.
 Tt will undoubtedly help Mir, Je- rome" ..:-
 will Mir Hammers name go on the official ballot?"
 "Yes," said Mir Halpin. My under standing Is that 1t will have to-"
 win the Republican organization come out and declare itself in favor MT Jerome?' was asked. .
 T cannot answer that question at the present time," said Mir. Halpin. T will probably have something more to say tomorrow.
 District Attorney Jerome. when ask ed tonight if he had anything to say regarding MT. Fallmer's resignation, replied:
 This is a subject of too much inn portance to talk about tonight. l am tired with the days business and the nights talking-too tired to talk any more. I will say nothing. l may have something to say about 1t tomorrow.
The Montgomery advertiser., 1905-10-26
NoRDAN V. STATE.

NORDAN V. STATE. "i. K Indi ,tment for murder.-Appeal from
 Hel.ry Circuit Court.
 1. Trial and incidents; organization of iury.-There on trial for capital offense, the Court first organizes one ju- ", and leaving the second try incom- plete. proceeds with the trial of cases before the completed jury, and later, in the same day. completes the organt- zation of the second jury, and then or ders fifty special jurors, who, with the two regular jurors, are submitted as a sp.cia' Ienire for the trial of the de- fendant, and duly served upon him, the proceeding is regular, and not pre1udlc- ial to the defendant.
 2. Same: same: residence of juror Where a county is divided into two Cir cult Court districts, the fact that Ju- TOT called to try q case in one district, resides in the other is no disqualified tion, unless the law providing for the separate districts makes it such.
 8. Same; same; excusing juror.-The matter of excusing a juror regularly summoned is within the sound discre- tion of the trial court. and on appeal will not be reviewed unless an abuse or such discretion appears.
 f. Grand jury; organizations; Code, sec. 5269 construed.-Where grand jury Is organized, consisting Of fifteen members, and upon considering an Il dictmcnt it apears that two of such members are kin to the defendant and are. therefore. excused from the consid- eration of the Tal ticular indictment, nut leaving thirteen members of the jury, which is the lowest number authorized by law. which number begins taking and considering the evidence; and ar rewards, before the consideration is completed, one of them is excused by the court. and thereupOn the court reg ularly draws three more members to com plete the jury, and as thus completed, 1t begins anew to take evidence and finds an indictment, and then the two mem bers first excused because of relation ship and the one temporarily excused take their places on such jury, and the three especially drawn are discharged.
The Montgomery advertiser., 1905-10-26

.ha indictment should be quashed, as inc grand jury finding 1t was not legal lv orRanized, as the curative erect Of section 5269 of the Code does not apply in illegal action after the grand jury has once been legally organized.
 K Same; same; same.-There are but two classes of cases in which objections to m indictment. when they are based m irresularities in the organization of a grand jury, can be sustained: F1rst- when such jurors were not drawn in the presence of the officers designated by law; second-where there is some order of the court below, or some action of the presiding judge, appearing of record in the cause, and relating to the organization of the grand jury, which is without warrant in the stat ute. or contrary to It's pl ovisions. This embraces some judicial order of the Court, as contraGistinguished from any act of it officers while ministerially ex ecuting such order when lawfully made.
 G. Sane: same; pleading; practice An objection to an indictment, based upon the illegal organization of the grand jury which found it. should be raised by motion to Quash the indict- ment. and not by plea in abatement. for the reason that plea to the indict- ment is an admission of its genuinencss; but where such plea is filed, setting out inc facts claimed to show the indict- ment to bc void. and the State. withou, ohiectiop, takes issue on the plea, the averments are thereby made materia.
 and the defendant Is entitled to judg- ment on the facts alleged in the plea
 I. Homicide; evidence.-Whsre a .ie- fendant Is charged with the murder Of another by poison, 1t Is competent for a nhysician to testify that he wal call ed to see the deceased before death, and to testify as to the sufreting of the de ceased, convulsions and other matters shedding light upon the cause of death {; also to testify as to holding an autop- sy, iissecting, ssall~s and sending to tha state oharnist- fer analy4i portions
The Montgomery advertiser., 1905-10-26

ity or regularity of the election of off, cers and directors, held nearly nine months after the issuance of the certif- icates of stock in question. Though the issuance of such stock might affect the validity of the election, this could dictfon to determine that question without the further condition that the relief prayed for in respect to having the issuance of stock declared fictitious and void depended upon the validity vel non of the election of directors.
 3. Equity pleading and practice; corporations; bill by stockholder indi- vidually.--As a general rule, a stock holder in corporation cannot bring suit to remedy an alleged corporate wrong without having first applied to the directors of the corporation for redress of his grievances: but 1t is not necessary to seek redress at their hands where it would be wholly use- less and unavailing. It is necessary, however that the bill should show that fact by clear and definite averment of facts.
 4. Same; same; same.-Where bill alleges that certain persons are illegally acting as directors of a cor poration, and that two other persons are directors. but that the latter are not exercising their duties as such and are not in possession of any books or property of the corporation, it Is not necessary for stockholder to seek re- dress through the latter persons before filing his individual bill for redress of corporate grievances.
 5. Chancery pleading and practice; demurrers--Where a demurrer to a bill assigns several grounds therefor, some of which are good and others
 bad, decree sustaining the demurrer generally, is proper.
 Reversed and remanded. Denson. T.
The Montgomery advertiser., 1905-10-26

Incorporated in Delaware. Dover. Del. Oct. 25.-The Southern
The Montgomery advertiser., 1905-10-26
Bijou Family Theatre. Matinee Today, s P. m. Willis Comedy Company. 1.-TWO Old Cronies."
Ten Pernons Iniured.

Kansas City, Oct. 25.-In a head-on collision today between Kansas City southern fast passenger train No 4 and switch engine in the wards of the road at Pittsburg, Kan sas, ten people were injured, none fla tally. Both engines and a mall and hs ygaue care were wrecked. Among the injured are: Lester Luther, Savoy, Ark. badly bruised about the body; A. E Rromer, Arden, Ark, back injured {; P. s. Pansey, Hallor, Ark" side in inrad
The Montgomery advertiser., 1905-10-26

Tidewater Coal Company of Memphis
 Tenn, with a capital stock of $2,500,- 900 WIS incorporated here today. The comrany is authorized to GO a general coal business. The incorporators are: John Tevis, Louisville, Ky; M. F. Mc- Gehee, and Thomas A. Taylor. of Mem phis, Tenn. A. J. Campbell. of Golfers vile, Tenn; and D. F. Cameron of St. Louis.
The Montgomery advertiser., 1905-10-26
Prisoner starves Himself.

Butte, Mont. Oct. 25.-James F. Barnes. awaiting trial for the murder of Patrick Hanley in this city Septem- Der 3. died in the county jail last night apparently from self imposed starva- tion. Barnes for the past three days has refused to touch a morsel of food pr drink.
The Montgomery advertiser., 1905-10-26
COLE V. BIRMINGHAM UNION RAIL- G0 at als

WAL OO., eL dib
 Bill in Equity by a Stockholder for
 Appointment of a Receiver for an
 Accounting-Appeal from the Chan
 cery Court of Jefferson.
 i. Stockholders; diligence required of. of.--Stockholders. to be entitled to the summary interference of the Court. In cases where they seek protection against acts which are merely in ex- cess of the powers of the corporation, and are not prohibited by law, must be diligent. They must apply so re- gently after the doing of the act of which they complain that the Court may stop or undo the wrong to them without doing equal or greater wrong to some other person.
 2. Same; same; ultra wires acts; Iaches.-Stockkolders cannot lie by sanctioning, or by their silence at least acQuiescing in, an agreement which Is ultra wires of the company to which they belong, watching the result If Il be favorable or profitable to themselves to abide by 1t. and insist upon its va Mdity; but. if 1t prove unfavorable and
The Montgomery advertiser., 1905-10-26

upon an hypothesis not shown by the evidence, is abstract, and should be re- fused.
 probability of innocence, and reason- able doubt of the guilt of the defendant, are not the same thing; reasonable doubt of guilt may exist, although there may not be a probability of innocence
 166. Same; same.-Charges that seek to give undue prominence to particular parts of the evidence, and such as are abstract, argumentative or misleading, and charges that are nothing more than duplicates of other given charges, are always properly refused.
 Reversed and remanded.
 Incnrnnrnfah In, nnIn,rnrn
The Montgomery advertiser., 1905-10-26
THE ALABAMA GIRLS INDUSTRIAL
 SCHOOL Ys. ADDLER EFT AL

THE ALABAMA GIRLS INDUSTRIAL
 SCHOOL vs. ADDLER EFT AL Action of Assumpsit.-Appeal from
 City Court of Birmingham.
 1. Parties to suit State of Alabama. The constitution of Alabama pro hibits the State from being made a party defendant to any suit in law or equity.
 2. Same; The Alabama Girls Indus trial School-The Alabama Girls ln- dustrial School, being component part of one of the departments of the State of Alabama, is within the con stitutional prohibition against the State being made party defendant to any suit.
 B. Jurisdictions; constitutional pro- hibition as to; cannot be waived.- There Is no provision in the constitu- tion by which the exemption of the State from suit may be waived; nor has the legislature capacity to pass law permitting said waiver; nor can the State, or any department there- of, such exemption from suit by a failure to plead to the Jurisdiction of the court, or otherwise.
 4. Same; same; void judgment; Su- preme Court will take original cog nizance of-The Supreme Court will take original cognizance of the lack of capacity of the court below to render the judgment complained of, although no objection to the jurisdiction ,ef tho court below was made on the trial
 Dismissed.
 DenSon, J.
The Montgomery advertiser., 1905-10-26
DUDLEY vs. FITZPATRICK. Application for Mandamus-Appea


 from Jefferson Circuit Court
 1. Constitutional law; local laws; notfce.-The notice required by Sec tion 106 of the constitution. Is not re- quired therein to be signed by any one, and an unsigned notice, if other wise In accordance with the provision Of that section, is sufficient.
 z. Same; same; Journal.-An omis- sion in the printed Journal in the House of Representatives may be cured by reference to the original journal, when the omission is thereby shown. 3. Same: same; same.-Though Sec tion 106 of the constitution requires that notice of a local law, and proof thereof, shall be spread upon the jour nals, tt Is a sufficient compliance there- with to paste a written or printed copy thereof on such journals. as such action shows a legislative construc- ton of the requirements of the con- titution, which will be followed by the courts.
 4. Same; same; same-Where mo- tice is given that application would be made to the legislature to author tze suits in one court to be trans ferred to another, the transfer is the subject of the law; and provisions of scribing the duties of the judge in making orders of transfer, and of the clerk in forwarding papers and copies of minutes entries, etc, are no part of the substance of the law, but merely matters of detail, without which the act would nevertheless be com plete. Affirmed. Dowdell J ...
The Montgomery advertiser., 1905-10-26

CROW V. FLORENCE ICE & COAL co. Bill in Equity to Cancel Certificates Of
 Stock in Corporation, and to An
 null an Election of Directors and Off,
 fcers Thereof.-Appeal from Lau-
 derdale Chancery Court.
 1. Equity Jurisdiction; corporations: election of directors.-A court of equity will not primarily take Jurisdiction to determine the legality of an election of directors of a corporation, or to re- move director who Is in possession of the office. The court will inquire in to the regularity of the election. or the right of the person to the office, only when the question arises incidentally and collaterally in a suit of which the court has rightful Jurisdiction, and the grant of relief depends upon its de- cisions.
 2. Same; same; fictitious stock Equity has Jurisdiction to declare a fictitious issue of stock of corpora tion to be void, and to have the certifi- cates representing such issue cancelled; but the validity of the issue of stock can in no wise depend upon the legal
The Montgomery advertiser., 1905-10-26
Head-Notes Qf the Decisions
 of Alabama Supreme Court

, disasterous, ther to institute proceed ings to set 1t aside.
 3. Same; same; same; same.-i stcckholder wants protection asaihs' Inc conseouences of an ultra wires act, he must ask for 1t with sumcient promptn.ss to enable the Court to oo justice to him without doing injustice to others.
 4. Laches; as distinguished from the
 statute of limitations.-Laches IS not.
 like limitation, a mere matter or tune,
 hut principally the question of inequity
 of permitting a claim to be enforced;
 and when this inequity exists, a cospt
 of equity will refuse relief. alfhough
 The time which has elapsed slnce tha
 alleged injury is less than that which
 is made bar by the statute of limi-
 tetions.
 pleaded.-Laches alone is sufficient to
 bar equitable rclisf and the doctrine is
 applied regardles$ of the statute of lim-
 itations, and fykquently. where the pc
 riod of time Elapsed is comparatively
 short, and the defense may properly be
 raised by Aemurrer.
 6. Sapie; fraud newly discovered; as excuse flor; how pleaded.-in piil 10
 obtaiF relief from an alleged, but con cealeh and recently discovered. fraud, it svas always held that there must be distinct avermants as to the time of the discovery of the fraud, how the knowl- T edge was obtained, why it was not | obtained earlier, and as to the diligence previously used in the investigation of | the fraudulent transaction, so that a court would discover from the bill it. self whether the complainant had not | lost his rights by his negligence. T. Fraud; means of knowledge; | equivalent to notice.-Whatever Is suf- | ficient to excite attention and put the | party on his guard. and call for in l uuiry is notice of everything to which | the inquiry would lead. When a person has sufficient information to lead him | to a fact, he will be deemed conversant | with 1t.
 l 8. Same; iaches; case at bar-Where | the transaction complained of Is the ultra wires consolidation made, or at l tempted to be made. of several corpor- ations, by proceedings had and entered of record upon the books of the re- spective corporations. 1t is difficult to see upon what ground the transaction can be regarded as one which cancels itself. On the contrary. the court would be inclined to hold that the stockholders of the respective corpor- ations are charged with notice of the proceedings, and bound to proceed with reasonable diligence to annuI them;
 and, however this may be. they cannot stand by for a series of years, making
 no sign of discontent, while other in-
 nocent parties invest their means upon
 the faith of the validity of the oonsol- fdation Even if complainant is with out actual notice of the consolidation of which he complains, he had notice of facts sufficient to put him on inquiry. Affirmed.
 Haralson, J.
The Montgomery advertiser., 1905-10-26
'. s,I1NroN vs. STATE;

x.yAuxsJNTON vs. STATE. ....,,,.,t for forgery--Appeai i.o" Issrerson Criminal Court. ae- rrnninai practice; non,s.nt~ nouns e-ssa.,st 10 answer new inoic iaI case S'yT ~re on the trial of a s;ntnoent cs,. and xAE'ans. xAEssa.s,.s develops, 1t is improper 10, , <xle <.l s,s.,rf to withdraw the case a,v -
 ss ~. defendant to answer .iio VI, z ..r.s.4 nv.u sss,,t unless he refuses 'o -. srdictmert to be amenoeu wit T.,,aence. handwriting'-A ar
 rho knows the signature oi igned .ss,, xvhose name appears eo .o testify ssc naper, is as compe,en. as the '. to the genuineness nsars to be person whose naihe
 eigned thereto. ,nar,son of writ S., the question of the sn,.,'g g @ .s-a . aisputed signature UT s.ses nvsr aYIowable for either w..s.s =
 s,,-se. to compare the hanu ,s,,r, ,e y.sners not in evidence TOT i,.,ng o. or nnses with the disputed
 signature.
 Simpson, J.
 xvHsTERN UNION TELEGRAPH oo' " ys. HALEY.
 ...,,, ,or damages for failure to trans
 mtt and deliver a telegram-Appe".
 from Cleburne Circuit court.
 Damages: pleading and prac.Se ..,.t,on to strike.-Where 8 comptaih' ris,ms damages not recoverapte, tns sllegations of the complainp paseo thereon are irnmaterial. and taxing IS sne on the complaint. and proof or sucn aIlegations would not entitie tns r,iasntiff to recover. A motion te Strike % such immaterial allegations rests in the discretion of the court, anu .n' ra' overruling of such motion IS not visable on appeal. h,
 1- Same; mentaI suffering caused ps failure to deliver telegram; telegraph cotnpany. anguish and pam caused by breach of a contract to seno and deliver a telegram, are proxlmals damages where there Is a relation U, the parties and presumption VI naturaf affection. The same anectioh ate relation is presumed to exist oe- fweeh brother and sister as petWeen h,.ztjand and wife, or parent ana chio' atfrering, it may be, in degree.
 Same; same; actual damages f,amares for mental suffering are actuaI damages, and for that reason re- caverable; they are compensatory Tor the injury arising from the breach or contract or duty.
 q Charge requested of court; re- ouested separately and as a whole Where a party requests the court to give several charges, and the request is not made separately but as a whole, there is no error in refusing all. 1T any one of them is erroneous.
 Reversed anr remanded.
 Tyson, !.
Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1905-11-30
Diet For Tattcnlng Fowls.

To fattcn fowls they are confined In
coops or pens and fed at regular pc
RODS on fixed diet, says American
Poultry Journal. When first shut up
they are tasted for about twelve hours,
to give them an appetite for the new
treatment. They are fed three times
a day at stated times. The food usual
ly consists Of soft meal. cornmeal, pea
meal, barley meal or ground oats
This is mixed to thin state with
skim milk and given in a wooden
trough, fastened to the front Of the
coop or pen. At the end of about Q
week the food Is made thicker; some
beef or mutton fat is added, the guam
tity of which is gradually increased
No water Is required and grain Is moi
necessary, though some fatters give
boiled barley for the last feed in the
day. Some flint grit is provided and
some Boiled nettles two or three times
a week. The food must never be giver
when stale or sour. If bird appears
not to thrive during the process I
should be turned out in an open run
without food for twenty-four hours
and then replaced in the coop and trick
again
Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1905-11-30
WINTER EGG PRODUCTION.
An Early Start Necessary to Secure
Rest Results.

An Early start Necessary to Secure
Best Results.
Winter egg farming is just as far
ahead Of the general poultry farming
as praeticed by our farmers as scien-
tific dairying carried on In winter Is
ahead Of the old time grain farming. /
know very well that more failures are
recorded from the egg farming in win
ter than from dairying in winter, but
this is to be expected when we con-
slider that the opportunity for getting
information along this line Is not so
great as 1t Is on da!rying, but know
that If little preparation is made In
advance Of the time that we wish to
put our eggs on the market 1t Is just
as easy to place eggs on the market In
winter as It Is In summer and far more
profitable.
If we will just prepare ourselves
ahead by starting early to get out our
chicks, giving them,the very best pos
rs a great many do, that after they
have reached certain age they can
shift for themselves, paying little >or
no attention to the growth of the
chicks, and then ask them to give us
high priced product when the condi-
tons of the weather are such that they
have all they can do to sustain them
selves-right here is where most Of our
people make mistake.
1t should be well understood by all
that. besides getting the greatest
growth Of muscle and bone, we want
feathers also. In order to get this
growth Of feathers see to 1t that your
pullets are not allowed to sit In piles
at night during the heated season OF
the year, but make some provision for
perches and see that they get on to
them, and in this way, IL properly fed
you will get the heavy overcoat OF
feathers they need to keep them warm
during our rigorous winters.
See that their house Is cleaned ur
some time during the summer, SO when
the time comes in the fall to get your
stock in they will not be neglected and
be overtaken by winter. They should
be taken In just as they first commence
to lay, and then give them the bes'
of care, so as to keep them laying the
| entire winter.
The houses should be light nnt
roomy. with a floor Of earth covered
with litter of some kind, such a.
straw or cut cornstalks, and all grains
should be fed in this litter, SO as tt
keep the fowls busy the entire winter
Do not neglect this, for 1t Is the mos
important part of the whole affair."
From Report of Wisconsin Farmers
Ipctitutn