davidaulloa/AmericanStories huggingface dataset:
Middlebury register. (Middlebury, Vt.) 1886-1937, 1905-10-27
CARD OF THANKS.

To the neighbors and friends who
30 kindly extended their assistance and
sympathy during the illness and since
the death of our husband and father
we wish to extend our heartfelt thanks.
MRS. VIM. DUNCAN.
Miss AGNES j. DUNCAN.
Mr.. and MRS. WILLIAM Ii. DUNCAN.
Middlebury register. (Middlebury, Vt.) 1886-1937, 1905-10-27
Weddinain Shoreham

On Wednesday, Oct. %, the home
of DR. and Mrs. e. w. Howard was the
scene of very pleasant family gather
ing the occasion being the marriage
of their daughter, Florence Angela to
Stowell r., the eldest son of Mr.. and
Mrs. c. II. Witherell of Cornwall. The
parlors were tastefully decorated with
green and white and the bridal pair
entered to the strains of the wedding
march played by Miss Bernice Doug
las.
The ceremony was performed by the
Rev. Z. A. Carlson. The gifts were
numerous and showed the high esteem
in which the young people are held,
After the wedding breakfast Mr.. and
Mrs. Witherell left amid showers of
confetti and many good wishes for a
short trip to Canada.
GA ST ToETA.
&c. &M:zzz;:;z;;@.! :; e ''''''
Middlebury register. (Middlebury, Vt.) 1886-1937, 1905-10-27
We ARE BUILDING UP GOOD BUSINESS
49,. On Satisfied Customers go.

-. On Satisfied Customers go.
If you have money burn then can't interest YOU You
had rather pay twelve than dollars for the
coat then can't interest YOU you had rather pay thirteen
fifty than twelve, eighteen than ffteen twenty than eghtee.
twenty-five fifty than twenty dollars for the value then
can't interest you But those who looking for good round
dollars worth for each hundred cents interest Be-
sides having big stock of the finest and goods select
FROM you will pay least 25 per less here than anywhere
else in this city Is the best the lowest living prices any
good for you?
The Montgomery advertiser., 1905-09-24
BAY STATE VOTERS.

Sensational Move by Massachusetts
 Tariff Revision Republicans.
 Boston, Mass, Special to Chicago Tri-
 ebune.
 one of the most extraordinary polit- ical revolutions in this country broke loose here today through the publica- tion of a great, staring advertisement on the first page of The Boston Herald, addressed to ''The Republican Voters of Massachusetts" and containing mat ter not usually seen in advance of the meeting of the State Convention of both political parties.
 As have had ocC aston to say before, the element among the Republicans In Massachusetts which is insistent on tar if revision and reciprocity with Can ada has been growing boider and bold CT. It was supposed the fight would be deferred until the meeting of the Republican State Convention, but the revolutIonists have taken the bull by the horns unexpectedly and have ini- tiated a novel and really striking cam paign which is certain to make trouble in Massachusetts, and which may pre- cipitate party strife in other States.
 Forcing the Tariff Issue.
 This staring advertisement, which in its makeup looks like one of Tom Law sons best efforts. Is the work of what Is known as the Massachusetts Com mittee of One Hundred on Reciprocal Trade" It has been carefully devised for the purpose of forcing the tarin issue on the next State Convention of the Republican Party. The committee of one hundred, which, by the way, con" tains a much larger membership than is indicated in its title, is supposed to be nonpartisan and includes represent atives of both parties on it's roll. In
The Montgomery advertiser., 1905-09-24

point of fact, it is nearly all Repubf- can, and the advertisement printed to- day is signed by the Republican mem pers of the committee only, and is ad- dressed solely to the work of inffu- encing the Republican State Conven- tion.
 There has been a curious dodge adopted by these latter day protestants to force the State machine to pay att tention to their demands. This is by the use of a coupon addressed to the Republican State Convention in the form of an individual petition asking for a platform declaration In favor of free raw material and moderate tarif revisions, leaving out reciprocity en- tirely These coupons subsequently are to be combined together so as to make a monster petition to be presented to the Republican State Convention as the best way of lmpresslng upon that body the fact that a sufficient number of the members of the party demand this plat form to make their views worthy of consideration whether the party lead CTS like 1t or not.
The Montgomery advertiser., 1905-09-24

rHERN RAILWAY vs. DOUGLASS. Action against Railway Company to
 Recover Damages for Personal In
 turies. Appeal from the City Court
 of Birmingham. -
 1. Action against railroad company i; aufficiency of complaint.-In an action against railroad company to recover damages for personal injury, count of the complaint which, after alleging that the defendant operated a railroad, etc., then ayers that "the defendant through and by it's agents and servants negligently and carelessly ran an en- zine and train of cars against plaintiff, thereby cutting off his foot" and other wise injuring him, states good cause of action.
 2. Action against railroad company for negligence; admissibility of evil dence.-In an action against a railroad company to recover damages for per sonal injuries, where the negligence Ecomplained of is averred in general terms. the plaintiff is not confined in the introduction of his evidence to any one particular act.
 g. Same; same.-In an action against a railro ad company to recover dam ages for personal injuries alleged to have been caused by the negligence of the defendant. where the failure to ring the bell of the engine at the time of the accident is one of the issues tn- volved, and one of the witnesses testi- fed that at the time of the accident he was at work in a blaming mill about forty feet from the railroad track and did not hear the bell of the engine ring, and upon cross examination the witness testified that there was a great deal of noise going on around him, it Is com potent upon the redirect examination of such witness for him to testify that prior to the time of the accident, while the machinery of the mill was in oper- ation and making the same noice as 1t did on the day of the accident. he had heard the bells of passing engines ring.
 4. Same; same.-In such a case, where it is shown that the plaintiff was injured while attempting to walk across defendants track, the fact that the de- fendant had been running trains of cars by the blaming mill for number of years is not immaterial testimony; 1t
The Montgomery advertiser., 1905-09-24
EDrcAL COLLEGE
Simpson. J.
DONALD V. STATE.

DONALD v STATE.
 ,s for Summary Judgment
 lst Thoroughbred from
 City Court of Montgomery.
 immary proceedings against at-
 Jurisdiction of City Court of
 gomery.-Under the provisions of
 lons and of the act establish
 the City Court of Montgomery. said
 ty Court has the special Jurisdiction # the Circuit Court of summary pro- ceedings authorized by chapter l0e or the Code.
 2. Summary proceedings against at- torney; when Jurisdiction conferred Where a written notice is given to an attorney that a motion will be made in the then pending term of the City Court of Montgomery for a summary judgment against him based upon his failure to pay over money collected by him as attorney, after demand being made upon him therefor, and a motion is then made in the City Court of Montgomery for such summary judg- ment, in which motion 1t Is stated as grounds therefor that the said attor- ney failed to pay over, upon demand, money collected by him as attorney, there are shown such facts as give the City Court Jurisdiction of the subject matter involved for the purpose Of a summary judgment.
 B. Same; when unnecessary to prove residence of attorney.-In such a pro- ceeding, where, after the filing of the motion, the attorney appears by coun sel and moves to dismiss the proceed ing, and then demurs to the motion, and subsequently, files pleas attempt- ing to set up a defense, there Is obvi- ated the necessity of proving that the respondent is a resident of Montgom- cry County, and it then becomes un- necessary tor the record of the City Court to affirmatively show the juris- dictional facts further than. those in- corporated in the motion which Is made part of the record.
 {. Same; in what amount demand should be made.-In a summary pro- ceeding against an attorney for a Judgment for money collected by him. which he has failed to pay over to his client. the demand provided for in the statute should. or at least may. be in all cases for the gross sum collected by the attorney; and this is true notwIth standing the attorney may have been entitled on a settlement to retain some part of the fund as compensation for his services.
 5. Same; set-of not pleadabfe.-In such a proceeding. there is no such thing as a plea of set-off in defense oi the motion against a defaulting attor- ney.
 s. Same; attorney has no right to retain any part of the money collected as compensation.--In such a proceed ing, where 1t Is shown that the attor. ney proceeded against collected money upon a judgment, and upon demand of his client failed to pay the same over to him, as condition precedent to the attorney claiming a part of the none so collected as compensation for ser vices, he must pay the money into Court; and upon his failure to pay the whole sum collected by him into court he is not entitled even to have the re. covery against him abated by the amount of his compensation. (Tyson and Dowdell. J. J.. dissenting.)
 Affirmed.
 Mcclellan. c. J.
The Montgomery advertiser., 1905-09-24
Head-Notes Of the Decisions
 Of Alabama Supreme Court

. resolution on the last day of the ses- sion of the Legislature which au- thorized the spreading upon the Jour nal of each House of the proof by affidavit of the publication of all local bills passed by the Legislature at that session. and that at the end of the Proceedings of the last day of the ses- sion, as set forth in the Journal, there was a spreading theron of the notices and proof of notices of local bills, in- cluding the one in question, followed by a recital of the final adjournment of the Legislature. certified by the presiding officer and attested by the secretary and clerk, there Is shown sufficient compliance with the pro- visions of Section 106 of the Consti- tuition relating to such local bills. 5. Constitutional law; act establish | ing dispensaries not invalid as grant ing exclusive privileges intoxicating liquors by towns and cities In Walker County.-The act of the Legislature authorizing all Incorporated towns and cities in Walker County to establish
 and operate dispensaries, is not viola tive of Section 22 of the Constitution fin that it grants to towns and cities of Walker County the exclusive privi- |lege of selling intoxicating liquors.
 6. Same; validity of act authorfzing
 of dispensaries in towns and cities in
 NV
 islature "authorizing incorporated
 towns and cities in Walker County to
 establish and operate dispensarfes,
 etc, is not unconstitutional and void.
 because it authorized the people or
 Walker County by their votes to rati-
 fy the provisions of said act repeating
 all existing laws on the subject of sell
 ing intoxicating liquors in said coun-
 ty which might be in conflict with said act.
 [. Constitutional law; Legislature
 may pass act to take effect upon some
 future event.-The Legislature may
 pass a valid statute to take effect up- , on the happening of a future event. and such statute will not on that ac- count be held unconstitutional 8. Same; same; local law.-A vah' local law may be passed by IT. iature to take effect
 ton by the pee
 district t~
The Montgomery advertiser., 1905-09-24
s1OO.oo a Month for, 30 Years.

Wouldn't you like the satisfaction of knowing your wife and children will receive q guaranteed income of 91.200 a year for thirty years after your death2 And without the trouble of in- vesting a large sum of money; no taxes to pay; no fire insurance; no re- pairs. Also, in case of the beneficial ries' death before the expiration of thirty years. the remainder of the payments (completing the S0), to go to her heirs? Wouldn't you like it2
 At age 35 this proposition costs $541.
 At age 40 this proposition costs $6S0. At age 45 this propisition costs $s25.
 At age 50 this proposition costs S1.- O14.
 upon request)
 National Life Ins. Co.,, of Vermont, kash year, doing business in 42 States. Assets over 933, 900 sO0O.OO.
 J. l.. HAAS, Mgr,
 Moses Building Montgomery. Ady-tf.
The Montgomery advertiser., 1905-09-24
A.o.ber Field of Commerce

Boston Transcript. , ..
 The presence in Boston harbor of tha great steamship Mississippi flying the American flag, and the expected ar rival of her sister ship the Missouri turns attention to field of our com merce yet in it's infancy: These tWo co ships with cargoes or almost soo0 oo'0o0 0o1 oaI, tndIcate the magnitude of com meree mere from the Philippine Islands to .hSs countrv in it's present unorganized stste and suggest to the thoughtful per soa that a well-developed trade be- sUasn sUn the united States and its insular provinces would be bringer or pros nnrif,t tn all concerned.
The Montgomery advertiser., 1905-09-24

WILL PEEL vs. THE STATE oF ALA
 BAMA.
 Indictment for murder.
 |. supernumerary judge; authority ana duties-Under sections two ana three of the act of February Sotn, isss, creating the of1ce of supernumerary 1udre 1t seems that regardless of the csnse if inc circuit judge cannot hold regular term of the court the super nurnerary judge when directed by the Governor, may do so. <
 3. Same.-In the absence of anything to the contrary the Supreme Court VIII presume that the circuit judge had notified the Governor that he could not attend the regular term of the court as provided by section three of the act of February goth, 1899, and that 1t was upon such notification that the Gov ernor directed supernumerary judge to hold the court
 8. Same.-where the regular term of the court was organized by the super numerary judge it was not necessary that the minute entry showing the organization of the court should set forth any reason why the circuit judge was not present to organize the court.
 4. Adjourned term; order for sum- moning jurors-Where the order made by the court at the regular term ad- tourning the court until q time named. made no provision for jurors to serve any portion of the first week of the adjourned term such fact did not effect any right of a defendant of the validity of the venire, the defendants case be- ing set for trial during the second week, nor did it concern the defendant whether the court during the first week was engaged in the trial of cases.
 s. Same; summoning of jurors; vali- dity of order of the court.-Where the order for the holding of an adjourned term directed the circuit clerk to in struct the jury commissioners to draw the names of thirty qualified persons to serve as regular jurors this was all that was necessary under Section si7 of the Code.
 6. Same; jurors drawn at adjourned term who served at regular term Where after the adjournment. of the regular term and before the convention of the adjourned term the jury com nissioners re-filled the jury boy the presiding judge at t~
 term drew therefrn~-
 special juror
 narr~
The Montgomery advertiser., 1905-09-24

sale of liquors, as set forth in said notice, and makes the violation of the provisions of said act misdemsanor. fixing the punishment at a fine or at hard labor for the county one Or both. (McClellan, c. !. and Haralson and Denson. U. q. dissenting.)
 2. Issuance of license by Judge of Probate; ministerial duty; mandamus, The execution of license by a Pro. bate Judge to sell spirituous, vinous and malt liquors, is ministerial duty and can be compelled by mandamus.
 Affirmed
 DensoY1 J.
The Montgomery advertiser., 1905-09-24
lerh. CnII of the. Wild.o

rrho.e interested in Q place to go
 atn@ this fall should write for a nun oS "5aunts of Fish and Game" a oUpy ',ppyy,oatton issued by the Grand Trunk pa1iwsv system. telling where all E;nd" of game may be found, list of klnu @ Isws descriptive matter regard sas tha several hunting districts. maps. lns . '. sent free to any address on appn- etioo esti, to W. Robinson, Travelling Pas sehseF thu-su-tu.
The Montgomery advertiser., 1905-09-24
A Parting Salute.

Chicago News. ,ua around the world He does not seem to know gee aVdaa, wa1tNen er Ieoe ne ~ perhapz he will be able to obtain .I'VS, vIsion into the future when cIea "t. son,e thousands of miles away ne american politics. The American .ni,o run wishes him a prosperous jour put puoi.w hsreve. he may happen to be go- ,n nes enA safe return. with more ban n,,s,s ons s"a and more Democratic speeches to FOIlaW
The Montgomery advertiser., 1905-09-24
TATE FIX REL VAN DUESEN V
 WILLIAMS, JUDGE, ETC.

Petition for Mandamus.-Appeal from The Circuit Court of Mobile Coun-
 ty.
 i. Constitutional law; local prohibit tion act; sufficiency of notice.--A pub. lished notice which recites that notice is given that application will be made to the Legislature when it meets in September to pass a law prohibiting the sale of spirituous, vinous, or malt liquors, except in incorporated cities and towns within five miles of the Insane Hosptals situated at Tuscaloosa and Mount Vernon" is not a sufficient notice of an act which prohibits tho
The Montgomery advertiser., 1905-09-24
HICKEY vs. sTALLWoRTH, ADMIN
 ISTRATOR.

Statutory Action of Ejectment.-Ap-
 peal from the Circuit Court of Mo-
 bile
 1. Administrator de bonis non; can not be appointed after final settlement of an estate.-After an estate has been ad1udged finally settled, and the ad- ministrator thereof has been dis charged by order of the court, let ters of administration de bonis non cannot be issued upon the said estate while such final settlement remains unrevoked and in force; the matter be- ing res adJudicata.
 Reversed and rendered.
 Simpson. J.
The Montgomery advertiser., 1905-09-24

Any poor girl in need of friendship,
 any R ','.a stc would find ready and WIPi wiiiing gas assistance by applying to ti,s the Home. 4oo5oH sSrd st.. and Ave. F. BirmIns- ham Ala
The Montgomery advertiser., 1905-09-24
cn. nn EnrIy ln Life.

New York Telegram, -..,,.,, .huA ard horn % oU the 18th of the month, recent Y died in AIaOsms seesninE s5 sSd ase would IGS happen to her.
The Montgomery advertiser., 1905-09-24
-.e prop
py Denson. J.
oERs vs SHEPHERD.
 R--.

oERs vsl SHEPHERD.
 Mandamus.--Appeal from
 uit Court of Walker.
 utional law; act author
 shment of dispensaries in
 towns and cities in Wal aIid.--The act approved ,. ,, authorizing the estab- ,iispensaries In ineorpor-
 owns and cities in Walker Coun- ", upon it's ratification by popu- lar vote (Aots of 1903, p. 1SD, Is con- stitutional and valid.
 3. Constitutional law; Sufficieney of afldavit accompanying notice of local law.-An safadavit accompanying the notice given of the intention to intro duce a local law as required by Sec tion 106, of the Constitution, which ts headed: State of Alabama, Walker County" and then recites that before the of1cer certifying the andavtt there appeared a certain named person known ''to be the editor and manager of The Mountain Eagle, a newspaper published at Jasper, in said county, who, being duly sworn, deposes- and says that the Attached notice was pub lished once a week for four successive weeks in said newspaper before the making of this affidavit" is a suffi- cient affidavit and proof of notice.
 6. Same; what is sufaeient spread ing of notice and proof upon the Jour- naI.-The pasting on the Journal of the House of Representatives and Sem ate of a newspaper clipping which contained the publication in full of a local bill, together with a typewritteu copy of the affidavit of the publisher of the newspaper in which it was printed, constitutes a spreading of mo- tice and proof of the intention to in- troduce such local bill in the Lsgisla- ture, upon the Journal of each House, in compliance with Section I06 of the Constitution.
 q same; same.-Where it appears from the Journal of each House of the Legislature that there was joint
The Montgomery advertiser., 1905-09-24

being shown that the conditions and surroundings of such place at the time of the accident tended to make the crossing of the track at that place by fool more than ordinarily perilous from passing trains, of which conditions the defendants servants had knowledge
 5. Same; same.--In such case. 1t is competent for the plaintiff to ask the engineer that was tn charge of the en- zine that ran over the plaintiff, If he had not frequently seen cars standing on the side track which the plaintiff had just crossed before the accident. 6. Pleading and practice; request to give written charges; how construed Where the bill of exceptions recites that the defendant requested the Court to give the following written charges, numbered ?. ', 9. Is, 15, 16. IT and IS, in words and figures as follows" and then sets out the charges; and at the con- clusion of them states, but the Court refused to give each of said written charges, and to the refusal give each of said written charges. the defendant then and there, in open Court, duly, severally and separately excepted. such recitals constitute request to give all of said written charges In their entirety, and if any one of the charges was erroneous. there was no error in refusing all Of them.
 '. Action against railroad company; when invasive of privileges of jury In an action against a railroad com pany to recover damages for personal injuries alleged to have been caused by negligence of defendant, where thers Is evidence tending to show that the accident happened within the town of Reversible, a charge which instructs jury that "the evidence in this case. if you believe it, fails to show that the accident happened within the town of Riverside" Is invasive Of the privileges of the jury, and is properly refused. S. Same; charge of court to jury. = In such a case, where the negligence complained of was the alleged failure of the defendants servants to blow the whistle or ring the bell in passing through a town at the place of the ac- cident, a charge which, with proper hypothesis, is predicated upon fail- ure of defendants servants to blow the whistle or ring the bell while passing through ssss town, and then concludes as f~'' and the injury resulted lure to blow the whistle
 II, the plaintiff is entitled
 not subject to the ob-
 omitted the word ''prox-
 the word injury and
 d resulted" in the
 appearing that there
 Of any intervening
 1e alleged uegn8ehce
 injury.
 EDIcAL COLLEGE
 vs. SCaWELL.
 nus.-Appeal from
 of Montgomery.
 of Aiabama; not
 ol of the State: amp .4 ..tr- should be pass 'ds of the mem- e5- o- .o . he Medical Col~
 an educational bso1ute control
 :. lt. e meaning of
 5nstitution; and, the Legislature
 Ation to said insti- .r-s Hess 1t is passed by a .rds of all the mem
 each House of the