davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-01-12

ligence on the part of the plaintiff.
 3. Action for iniuriec resulting from house being set on fire by sparks from an engine; admissibility of evidence.-- In an action to recover damages for personal injuries from being burned while escaping from a house which had been set on fire by reason of sparks eminated from the defendRnt's engine falling upon said house. 1t is compe- tent for a witness. who noticed the defendants engine on the night of the fire, to testify that the sparks emitted on that night by defendants engine were unusual in quantity and size. and that they were so large as to attract her attention.
 8. Action against railroad company for being burned while escaping from a house which had been set on fire by sparks from defendants engine.--In an action against a railroad company to recover damages for injuries sustained by the plaintiff in being burned while escaping from house which had been set on fire by sparks emitted by de- fendants engine, falling thereon, the fact that the plaintiff, who was child years old. had been first taken safely out of the room of the burning house, and left in his night clothes on the veranda, the night being cold. and then went back Into the room, and there received the injuries complained of, does not authorize a verdict in favor of the defendant, such facts not being sufficient to break the chain of causa- tion between defendants negligence and the injuries complained of.
 4. Charge of court to jury; suf- ficiency of evidenoe.--In the trial of q civil case, charge which instructs the jury that the burden is upon the plaintiff to reasonably satisfy the con- science of each individual juror of the plaintiffs right of recovery, is erroneous and properly refused; since the evidence introduced in the case is addressed to the minds, and not the cousciences of the jurors.
 5. Action to recover damages re- sulting from fire; when general af- firmative ,charge properly refused.--In an action against railroad company to recover damages for the plaintiff be- ing burned in escaping from house which had been set fire No by sparks emitted from defendants engine. where the averments of q count of the com paint are in substance that the engine was not properly constructed, that 1t was in improper condition, and that 1t was improperly handled or operated, and that the defendant had negligently Beldcteo bucH hH ou6ihes anu LneEe Whs evidence introduced going to show that sparks from said engine were thrown on to and set fire to the house, and that a properly constructed and equipped engine, with reference to sparks, care- fully handled and operated. would not have thrown sparks on to the house. the general affirmative charge request ed by the defendant as to such count. is properly refused.
 Affirmed.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1905-01-12
PHONE |I': |[|!l|||E |!(l (l|||5| BY

his home near otho Monday and was buried yesterday. He was about "a years old and was a gallant Confed@ crate soldier. By untiring effort Mir. Gissendanner amassed competency and was one of the most successful farmers of this County. He is sur- vived by a wife and ten children.
 Captain R. F. Hobson delivered his lecture on a Greater Navy" to a large and appreciative audience at the CoI- lege auditorium Saturday evening.
 Rev. Mir. Wood of Birmingham has accepted the call to the Abbevilie Bap- tist Church and has assumed charge oe tlye work This church has been with out pastor since the death of Rev. R. H. Gilbert. which sad event oc- cured while he was taking q vacation last summer.
 The residence occupied by William McIain was destroyed by fire about T o'clock last night None of the family was at home when the Ire was discov- cred and it had gained such headway when assistance arrived that nothing could be saved from the house al- though most of the effects in the kitchen were saved.
 Mir McLain's loss is partly covered by insurance but H. H. Martin, the owner of the dwelling, had no insu- rance.
 The fire is supposed to have been caused by blaze from the fire place.
 Judging from the number of wagons seen on the street every day the farm- CTS In this section are hauling out large amount of guano. Whether they will decrease the acreage of cotton this year remains to be seen as there seems to be no organized movement in this County in regard to the matt ter.
The Montgomery advertiser., 1905-01-12
,DLE OF THE COURTS
ION OF SUPREME COURT CAUSES SPECULATION.
ry yers Discuss status of Lifigaties n Fourteenth and Fifteenth Ju- diciaI Circuits--Ex-Soiicit
 Asked to Protect State.

in the wake of the decision of the
 .abama Supreme Court Tuesday over
 irning the Fifteenth and Fourteenth
 judicial Circuits are to be found many -tudents of the consequences.
 At first a few lawyers began to ask are Judges J. c. Richardson Of the Second Circuit, Samuel L. Brewer or the Fifth and A. A. Coleman or the Tenth. legally elected officials? VIII they have to be reelected in order to receive votes in the new counties add ed by the dissolution of the Fourteentp and Fifteenth Circuits?
 It is practically conceded. however. that these men are de jure judges of their respective circuits and there is no defect in the titles to their ofnces because they failed to receive votes in the added counties in November The respective judges will hencefortb sit in the new counties during regular terms which will be announced in time to reduce the confusion to min- imum.
 There are also very few who contend that the indictments procured and the convictions had in the counties of the old Fourteenth and Fifteenth Circuits are invalid. There will be an occa- sional exception to the near certainty of the validity of the indictments and convictions, and this will be in cases where the right of the respective courts to exist was challenged by the defendants.
 A prominent lawyer, of established reputation in the practice of constitu- tional law, speaks thus in upholding the work accomplished by the judges of the old circuits: -..---~-e -- .
 "The indictments procured in the Fourteenth and Fifteenth Circuits, I believe will be saved the State by the Judges being construed as de facto judges. The counties in which the trials were held were entitled to a circuit court and the Supreme Court will most likely sustain the indict- ments and convictions.
 There will be exceptions to this. however, in my opinion. Those cases in which the defendants contested the constitutionality of the courts will . have to be tried over again. This is what think will result from the de- cision of the Supreme Court Tuesday"
 Acting Governor Cunningham be- lieves in not running any risks and has requested J. M. Holley and R. L.. Blanton, Solicitors of the defeated Fif- teenth and Fourteenth Circuits, to guard against any attempts of pris- oners to gain their liberty by swiftly petitioning for writs of habeas corpus. This precaution was deemed advisable in the uncertain status of the judiciary in the counties where the solicitors used Co prosecute.
 Cases are now before the Supreme Court which will determine the valid ity or invalIdity of indictments secured in the Fourteenth and Fifteenth Cir cults.
The Montgomery advertiser., 1905-01-12

Alabama oil Company have under se- rious consideration the question of lay ing a pipe line from its wells at Hazle Green to Huntsville to supply the city with natural gas.
 The company bored two wells in the Hazle Green locality for oil. In one well the gas pressure is 11s pounds to the inch and gas is piped to the other we'll, which also has strong strong flow, to operate the drilling machinery It Is estimated that a. pipe line to the city will cost from $35,- 900 to $40.00o.
 Government experts have examined the prospects in that locality and their opinion is very encouraging to the company. The present flow ot gas is estimated to be more than enough to supply every industry and residence in Huntsville with both fuel and lights.
The Montgomery advertiser., 1905-01-12
TRAINMEN
COOsA COUNTY FARMERS ARE
 NOW IN CTrY PRISON.
W. A. Caldwell and sloan Gay Hac Guns amd Pistols and Fought Two Montgomery Patrol
 men Near Depot.

Two suspicious white men, giving their names as w. A. Caldwell and Sloan Gay. who had terrorized the news agent and passengers on train No. I, of the Louisville and Nashville Railroad, coming into Montgomery, were arrested last night after desper- ate struggles by Patrolmen H. T Rag land and Oscar Mcpade.
 A 38-calibre Colts gun, 32-calibre pistol and four new hats were taken by the officers from the person of Gay The larger weapon was discovered hidden beneath the underwear Of Gay and next to his skin. The smaller pistol was taken from his right hip- pocket by Officer McDade just in time 1t is alleged, to prevent itssowner from using 1t in resisting arrest.
 It is supposed that the Colts gun belongs to Caldwell as the news agent on the incoming train told the police that Caldwell covered him with pis- tol in the passenger car, commanding him to surrender hat which he had picked up from the floor. Caldwell wore an empty scabbard when afrest- ed by Officer Ragland.
 The men are believed to have board cd the train at Fillmore, having come from Wetumpka.
  communicated with the authorities Of wetumpka in an effort to place the strange characters. Their identity so far has not been established beyond the statement of Gay that Caldwell is e constable in Coosa County.
 When the passenger train pulled fn- to the union railway station and stop ped, Sloan Gay for the time lost him. self in the crowd while Patrolmap Ragland saw Caldwell hasten towards the express office and scale the fence. The officer arrested him near the wait ing room.
 Gay was located some time later iD front of the store of J. c. Booth on Commerce Street. A desperate fight took place between him and officer Mo- Dade. He was finally taken into GUS tody and was locked up in the city prison.
 Both men were charged with disor- derly conduct and carrying concealed weapons. Gay is charged with resist ing arrest.
 Gay and Caldwell say they are farm CTS.
The Montgomery advertiser., 1905-01-12
COURT AT ATHENS.
First Legal Session to Be Held in a
 Year.

First Legal Session 10 Be Held Tn .
 Year.
 Athens, Jan. 11.-(SpeciaL)-Tn Jam uary term of the Circuit Court was called to order yesterday. Judge D. W. Speake presiding, and Solicitor Dave Almon present. The term Is the first legal one for more than year and the dockets are crowded. It is the purpose of the court to hold four weeks if nec- essary.
 enterprise being launched by H. Smith of South Alabama, who Is an experi- enced knitting mill man. He has leas- cd the buildings formerly occupied by the Limestone Hosiery Mills and Is i'm staIling new machines for the manu- facture of high class hosiery.
 The first snow of the season now cov- CTS the earth.
The Montgomery advertiser., 1905-01-12
May Have smnn Surplus Left.

St. Louis, Mo, Jan. 11.-At the regu- lar monthly meeting of the Board of Directors of the Louisiana Purchase Exposition company a financial report was read showing that the company now has Q surplus of $9sS.000 and that $350, ,0o0, is due from the wrecking company on the contract to demolish buildings. Out of the aggregate of these sums post exposition expenses will be paid and 1t is expected that a small surplus will be left to divide among the stockholders.
The Montgomery advertiser., 1905-01-12
ryooprR vs. THE STATE.

HOOPER vs. THE STATE: proeeedings to Increase Assessed val
 nation of Property for Taxation.-
 Anpeal from the Circuit Court of { Marshall.
 |, Appeal: rulings upon motion to quash not reviewed when not shown by bill of exceptions-The rulings or a trial court on motion to quash VIII not be reviewed on appeal, when the motion and the rulings thereon are not shown in the bill of exceptions.
 2. Proceedings to increase assess ment of property for taxation; suffi- ciency of declaration filed after ap- peal from commissioners court.-On an appeal to the circuit court from the order of a court of county commis- sioners, fixing a valuation of prop erty for taxatioon in q proceeding in- stituted by a back tax commissioner for the purpose of increasing the as- sessed valuation of said lands, de- claration filed by the solicitor for the State, which alleges that the raised assessment of taxes made by the back tax commissioner of said county on the property of the designated tax payer. Is just. true and correct, is a sufficient complaint. and is not sub feet to demurrer upon the ground that 1t did not aver that the assessment was incorrect.
 8. Taxation; property subject to as- sessment for taxation for the tax year 1902. not affected by act approved March 8, 1903.-The, provision of sub division seven Of section 3911, of the code of 1896. subjecting money capi-. tal solvent credits,S etc. to taxation. is not affected, so far as the tax year 1902-3, is concerned, by the act ap- proved March 8, 3,~1903. to provide flor the revenue of the State" (Acts 1903, page 1S4), which. by emitting said sub division seven of section 3911, are there by, repealed; such tax year commence ing on the 1st day of October, 1903, as of which time the assessment is made. and there being nothing in the repeating statute to indicate an inten- tion that 1t should be retroactive.
 1. Taxation; property secured by pledge of United tSates bonds taxable. While bonds Issued by the United States are exempt from taxation, mon ey or property secured by a pledge of such bonds is taxable.
 5. Same solvent credits and money deposited In bank subject to taxation. Where an individual conducts a prI- vate bank and the money deposited with him and used in his business are subject to taxation for the tax year commencing October 1. 1902, under subdivision seven of section 391l. of the code of 1896; such property being a separate and distinct species of prop erty from "shares of stock in an in> corporated bank"
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-01-12
BIRMINGHAM RAILWAY, LIGHT AND

ROW Eft NA. NS- IlAN lOSNs
 Action against railroad company for
 personal injury resulting from fire
 Appeal from the City Court of
 Bessemer
 1. Action against railroad company for personal injuries resulting from having negligently set fire to house; sufficiency of complaint--ln an action against a railroad company to recover damages for personal injuries sustained in being burned while escaping from a house which was being consumed by fire. counts of the complaint which aver that the defendant negligently set fire to and burned the house in which the plaintiff resided and that he sustained his injuries while escaping from said house during the progress of the fire, and by the fire which was burning the. house. states a cause of action; and 1t Is not necessary for such count of the complaint to negative eontributory neg
The Montgomery advertiser., 1905-01-12
Petitions for Guardian.

A bill was filed yesterday morning in the City Court of Montgomery in equity by Bessie K. Massie against Jane Mas sic and Joel White Massie.
 The complainant Is the widow of Patrick c. Massie, deceased and the de- fendants are his children. She prays that the court appoint guardian for the administration of their affairs.
The Montgomery advertiser., 1905-01-12
GamblIng Houses ln HuntsvlIIe.

Huntsville, Jan. I1.--(SpecfaLJ J-- Rev. w. M Murray. pastor of the First Baptist Chruch, in a sermon on Civic Righteousness" stated that there arc six gambling rooms run in open violation of tine laws and that he and other ministers of the city have seen open saloons on Sunday within the past six months. He charged the city officials with gross neglect of du- ty in allowing this lawlessnessc.
The Montgomery advertiser., 1905-01-12
Body of Mrs. seaEer at New York.

New York, Jan. 1.-The body of Mrs. John H. Seager. wife of the secretary to Chief Engineer Wallace. of the Ca- nal Zone. who died at Panama of yei- low fever, was brought here today on the steamer City of Washington. Mir. seager, who accompanied the body. was i'll when the steamer arrived here. and although the case had been diagnosed by the ships doctor as malaria. he was sent to the Observation Hospital at Hoffman Island.
The Montgomery advertiser., 1905-01-12

Don't think because you have taken many remedies in vain that your case is incurable. Hoods Sarsaparilla has cured many seemingly hopeless cases of scrofula, catarrh, rheumattsm. kid- ney complaint, dyspepsia and general debility. Take Hoods.
 Adv. tu-thu-su.
The Montgomery advertiser., 1905-01-12
opinion by Haralson. J.

MEYER MARK COMPANY vs. MAYOR
 AND CITY COUNCIL OF ENSLEY. Action of Municipality upon a Promls- . sory Note.--Appeal from the Circuit
 Court of Jefferson County
 1. Note given to municipal corpor- ation in part payment of license tax; invalid and ceable.-Where the charter of a municipality provides that before any person can sell spiEituous vinous or malt liquors within its cor porate limits. he shall take out a H. cense therefor. and further. that any person who engages in any business in said municipality, for which a H. cense is required. without first having procured a license therefor. shall be punished by fine note given to said municipality In part payment of a H. cense tax for the sale of liquor within the corporate limits of said munich pality. under an agreement that although the license was not to be is- sued until the payment of the note. the dealer was to carry on the liquor business until default was made in its payment at maturity ,is founded upon an illegal consideration and unen- forceable; such contract being both ultra wires and illegal.
 Reversed and rendered,
 Opinion by Dowdell, J,
The Montgomery advertiser., 1905-01-12
Farming Opcratlons Berin.

Hayneville, Jan. Especial )-Farming this week commenced in dead earnest. The people of Lowndes are starting in for an- other crop with vim, and while the acre. age will be reduced somewhat, none of the cotton on hand wifi be burned.
The Montgomery advertiser., 1905-01-12
Opinion by Haraison. J.
TUTwILER COAL. COKE & IRON co
 v MATT.

TUTwILER COAL. COKE & IRON co.
 V. NAIL
 Action to Recover Damages Resulting
 from Obstructing Public Highway.
 Appeal from the Circuit Court of
 Jefferson
 1. Damages fbr obstructing public highway: when punitive damages can be awarded.--where a mining com pany, operating railroad across a public highway. places cars across the public road crossing, and thereby will fully and unnecessarily obstructs the public way for two hours or more, there is shown on the part of said mining company a palpable indiffer- ence to the rights of the public. and willingness to subject travellers to @. long and vexatious delay; and in a suit by one who has suffered in conse- quence of such delay, punitive dam ages may be awarded.
 3. Action against corporation; ar gument of counsel to Jury.-In an &C., ton against a mining corporation to recover damages for injuries sustained by reason of the defendant wilfuIly and unnecessarily obstructing a pub lie highway, an attorney for the plain tiff does not transcend the legitimate points of argument to the jury. when he states to the jury that "corpora- tions should have exactly the same treatment as other citizens; corpora tions have got to be made to obey the law like other people; the only way to make them keep the law is to punish them and to punish them you must do 1t by giving punitive damages in cases like this; they can be indict- ed, but they cannot be imprisoned, as in the case of an individual"
 Affirmed.
 Opinion by Mcclellan, c. J. LOUISVILLE & NASHVILLE R. K, co.
 V. KAUFMAN & co. Action of Trover.-Appeal from the
 City Court of Birmingham.
The Montgomery advertiser., 1905-01-12
Thompson Mln Re Ambas.n1Ior.

Washington, Jan, l1.-The Senate committee on foreign relations today authorized a favorable report on the nomination of D F.. Thompson of Ne braska to be Ambassador to Brazil.
The Montgomery advertiser., 1905-01-12
MAY BUILD PIPE LINE.

Project to Supply Huntsville With
 Natural Gas.
 Huntsville, Jan. 11.-(Special.)- The shareholders of the New York
The Montgomery advertiser., 1905-01-12

ALEXANDER, ct al. V. GOETZ. ct al :. Bill to Determine Claims to Real Es-
 tate and to Quiet Title Thereto. -
 Appeal from the Chancery Court
 of Mobile.
 1. Vendor and purchaser; rights un- der a contract for sale of interest in lands--After executing a mortgage up- on certain lands, the owner thereof entered into a valid agreement with certain named persons to convey an undivided interest in said lands to them. The mortgage was subsequent ly foreclosed under decree in a fore- closure suit in equity. Thereafter. the mortgagor, by warranty deed, convey ed all of his interest in and to said lands to the complainants in the pres ent suit. The mortgagor, after the sale under the decree of forecolsure. redeemed the property from the pur- chasers at the foreclosure sale: Held: That the complainants, having notice of the agreement of the original owner to convey an undivided interest in the land. are not entitled to decree that the other parties to said agreement have no interest in said lands.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-01-12
Determine to Make Cotton Their Sur
 plua CPOn.

plus Crop.
 Columbus, Ga, Jan. 11--(Special. )-- At a well attended meeting of the farmers of Muscogee County this morning an agreement was signed by thirty-hve of the leading planters. con- trolling many thousands of acres of the best farm lands of the County, to reduce their cotton acreage 25 per cent this year and to make the same reduction in the amount of commercial fertilizers bought. The morning was cloudy and threatening. but notwtth- standing the unfavorable conditions farmers came in from every section of the County. The meeting lasted nearly two hours and was quite en- thusiastic, several talks being made. The idea was stressed in the discus sion that the reduction in guano was as important as that in cotton acreage.
 E. P. Willis of Midland was Chair man of the meeting, and w. c. Wood all acted as Secretary.
 Hon. B. s. Miller, Senator from the Twenty-fourth District. who has ex- tenslve planting interests in this sec- ton, said that long before this meet ing was called he had already decided to reduce his cotton acreage material Iy and had so notified his manager. He urged the importance of raising meat. peas, potatoes, syrup, etc. Let's live at hAme," he said. Let's make cot- ton our surplus crop. If we do that, we would be safe next fall, even if cotton should go down to or 8 cents per pound"
The Montgomery advertiser., 1905-01-12
FREDERICK NOT HURT.
Attempt to Destroy Statue Has Nature
 nR


 of q Fake.
 Washington, Jan. 1.-The police in- vestigation of the alleged attempt to blow up the statue of Frederick the Great tends to demonstrate that the affair was in the nature of a fake caus- ed with the view of creating a sensa- tion rather than defacing or damaging the statue. The investigation shows that the materials used were incapa- ble of producing serious results.