davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-02-10
JUDGMENTS ARE VOID
RULING ON DAMAGE SUITS FROM
 DEf'UNCT CIRCUITS.
Supreme Court Dismisses Cases That Came mp From Fourteenth and
 Fifteenth Circuits Un- der Lusk Act.

Ten judgments rendered by courts of the old fourteenth and fifteenth judi cial circuits were yesterday declared void by the Supreme Court of Alabama. In each case the appeal was dis missed for want of judgment at bar from which an appeal could have been taken.
 damages that had been assessed against corporations and the Frisco Railroad is the principal beneficiary, as the payment of the judgments against them will be postponed until the suits can be brought again. de- cisions again made and appeals taken to the Supreme Court.
 Walker County. a member of the de- funct Fourteenth Circuit, had more appeals to be dismissed yesterday than any other county. There were seven from Walker County 'alone.
 The cases dismissed were as follows: Northern Alabama Railway Company vs. Elizabeth c. Musgrove, appeal from Walker County Circuit Court; J. P. Pearce & Co. vs. Jesse V. Norris, appeal from Walker Circuit Court; Kansas City, Memphis and Birmingham Rail- road Company vs. s. J. Wright, appeal from Walker Circuit Court; Kansas City, Memphis and Birmingham Rail- road Company vs. H. J. Martin, admin istratoT, appeal from Walker Circuit Court; Kansas City, Memphis and Bir- mingham Railroad Company vs. Laura Smith. by next friend, appeal from Walker Circuit Court; Northern Ala bama Railway Company vs. Nora Hull sey, appeal from Walker Circuit Court; Rad Poe vs. State of Alabama, appeal from Walker Circuit Court; Berlin Machine Works vs. Marbury Lumber Company, appeal from Autauga Cir cult Court; James A. Denman ct al vs. Carrie Payne. appeal from Cleburne Chancery Court; Eouisa V. Kidd vs. M. Burke, appeal from Fillmore Circuit Court.
 These cases are all the same as if they had never been tried because the courts which purported to decide them were held at a time when they could not have been legally held in the re- spective counties, as the act creating the Fourteenth and Fifteenth Circuits was recently declared unconstitutional by the Supreme Court.
 In dismissing the appeals, the Su- preme Court referred to the case of Kidd vs. M. Burke. wherein Justice Tyson in a brief opinion held that the judgment was void. It was pointed out that in tho contemplation of the Su- preme Court Fillmore County was never detached from the Fifth Judicial Cir euit and that when under the Fifteenth Circuit act the spring term of the court was held, beginning March last year, it was illegal because 1t should have begun on April IS. So that all judg- ments rendered between March and April IS are void.
The Montgomery advertiser., 1905-02-10
SUPREME COURT OF ALABAMA MAKES RECORD
 BY HANDING DOWN EIGHTY IMPORTANT DECISIONS
CANNOT DIVORCE WIFE
SUPREME COURT HOLDS INSANITY
 IS NOT JUST PLEA,
N. B. Price ef TaIIapOosa Seeks to Ruf Aside Mrs. Price--Ia Iucura- By Mad in Hospital at Tus-
 caloosa,

E. B. Price of Tallapoosa County. who has lived with his insane wife. Amanda Price, for thirty-one years. must be her husband unto death.
 Although Amanda Price is in the in- sane hospital at Tuscaloosa and has been pronounced incurably insane by the experts of that institution, the Supreme Court of Alabama yesterday decided that E B. Price cannot be di- 'vorced from her. Mrs. Price has been in the hospital for about three years.
 The career of MT. Price in his mari tai relations has been intensely pa- thetic. About thirty-one years ago he married Amanda Price, as he claimed. under the Illusion that she was of sound mind. Several children have been born to the couple.
 Until year or two ago Mir. Price endured the lunatic spells of his wife. He testified that he used cunning and every means of force at his command to protect himself, his children and even his wife from the violence of Mrs. Price during her insane intervals.
 Previous to being taken under com pulsion to the insane hospital. Mrs. Price. according to testimony in the divorce suit, recently brought by MT. Price, roved the woods and continual ly kept her husband in a spirit of alarm. Finally the husband decided to seek a divorce from his wife as she was committed to the asylum and had been pronounced incurably mad He charged in his petition to the Talla- poosa Chancery Court that his wife and members of her family fraudulent ly involved him in marriage, purposely concealing the insanity of his spouse which, he alleged, is hereditary.
 Mir. Price explained his delay in suing for divorce by saying that he hoped during the long period of mar riage some day to have his wife cured. Seeing this was impossible he sought relief in the courts.
 The Chancery Court denied Mir. Price a divorce decree. An appeal was taken to the Supreme Court which held that he waited too long to bring the suit.
The Montgomery advertiser., 1905-02-10
VICTORY FOR CITIZENS
SUPREME COURT DECIDES WITH
 NEW LIGHT COMPANY.
Decision of Judge Sayre in Controversy
 BetweeB Competitive Montgomery Corporations is Affirmed by Highest Court.

In a decision of the Supreme Court
 of Alabama yesterday, the Montgom- cry City Council was sustained in its
 action permitting the Citizens Light,
 Heat and Power Company to stretch
 electric light wires on poles erected by the Montgomery Light and Water Pow CT Company on Dexter avenue. The ruling of the Supreme Court Is the continuation of long and interest ing legal fight between the companies of Montgomery. Several months ago ized to compete with the Montgomery Light and Water Power Company, ap- piled to the City Council for a permit 1 to run wires along Dexter avenue be- tween given points. The City Council granted permission to the Citizens Company to stretch the necessary wires but expressed the condition that the wires should be strung on the poles of the competing company. This meas ure was taken for technical reasons to insure the safety of the people.
 The Montgomery Company opposed the idea of mixing currents with their competitors and secured a tenn porary injunction from the Montgom- cry City Court which prevented the Citizens Company from exercising their [ franchise. The injunction later Was
 dissolved, however. by the same court.
 An appeal was taken from the decree.
 In the opinion of the Supreme Court which was written by Justice simp- son, the considerations of public safety led to the affirmance of Judge Sayres
 decree.
 The case involved a long array of
 legal points and technicalities in eIee-
 trical science.
The Montgomery advertiser., 1905-02-10
DISPENSARIES OUSTED
THOSE AT ELIZA AND HEADLAND
 ARE NULLIFIED.
Supreme Court Holds That Act Great in@ Whiskey Emporiums Was Not Legally Passed by the
 Leglslature.

The, Elba and Headland dispensaries were kicked from their constitutional
 bases yesterday morning by the Supreme Court speaking through , Justice Dowdell.
 Both these liquor establishments, after much political disturbance at home. were set up by acts of the last i Legislature: By the decision of the Supreme Court that the acts are in- and in Elba the high license system holds forth while Headland enjoys practical prohibition.
 The cases which assailed the laws of the dispensaries differed only in the respect of the procedure, the Elba cause being an appeal from a habeas corpus decision and the Headland case from quo warranto proceeding. The points of law applied to both.
 The weaknesses of these dispensary acts lay In the fact that they failed to satisfy the objections made by the Supreme Court to the Florence dis pensary which fell fiat some time since. Justice Dowdeil could not tell whether the towns of Elba and Headland. tho counties of Coffee and Henry or the State of Alabama owned the dispen- saries. $ The legislature appears to have bestowed no direct authority on either
 Elba or Headland, Coffee or Henry Counties. The acts which were prac- l tically copies provided that the institu-
 tions should be under the "care and
 guidance'' of the Courts of County Commissioners of the respective coun- ties. The terms "care and guidance''
 were too empty te convey any authori- l ty to the Commissioners. On this &C., count the laws were held to be invalid However, while John J. Rhodes, of Elba, who started the habeas corpus proceedings. accomplished his purpose in oeverthrowing the "spirituous,
 vinous and malt liquor" emporium of | that town, The failed in the more im-
 mediate aim of gaining his personal liberty. Justice Dowlell remands him
 to the custody of Marshal Charles Davis. of Elba.
 Rhodes fell short of his liberty be- cause it was proven that there existed a law under which he should have got ton a license. He wass arrested for selling liSuor in E1ba without a license,
 in defiance of the dispensary. He petitioned the Coffee County Probate Judge for a habeas corpus writ, an order for his liberty being given in the proceedings which followed. The State appealed from the decision of the Probate Judge.
 The reason that Rhodes was liable for license was that the aot of Sep- tember 25, 1908, which purposed to guarantee prohibition, to Elba, is un- constitutional, the opinion of Justice Dowdell yesterday so holding on the ground that 1t was not sufficiently ad- vertised to the people as required by Section 10s of the Constitution.
The Montgomery advertiser., 1905-02-10
DAMAGES AWARDED
SEVERAL SUITS ARE AFFIRMED BL
 SUPREME COURT.
Cecil Douglass VIII Collect sS,e00 from Southern Railway for Injuries Decisions in Several Crim-
 imal Cases.

Cecil Douglass, a young white boy of Riverside. Jefferson County, wal yesterday awarded $S,00O of damagel by the Supreme Court on account of personal injuries inflicted by the Southern Railway. The decision of the City Court of Birmingham in the suit was affirmed.
 Young Douglass on January 8. 1901 was knocked down by a Southern Rail- way passenger train at Riverside. Ills head was fractured, leg was crushed and he sustained other injuries. The Southern Railway, in another decision, was assessed S1,500 damages on account of injuries inflicted on a friend of Allen Williams near Boyles where there was a wreck June 2, 1900 The Supreme Court affirmed the Birm- ingham City Courts judgment. The Birmingham Railway. Light and Power Company was the winner in an appeal of the case of that com pany against Laura c. Enslen, in which the Jefferson Circuit Court had award ed the latter damages to the amount of $4,16623 for the death of Charles F Enslen. The Supreme Court reversed and remanded the case. Mrs. Enslen is administratix of the estate of Mir. Enslen.
 A judgment Tor STbO Tor damages on account of injuries to her person in favor of Sallie Willis, of Birmingham. was affirmed also yesterday. The los- CT is the Birmingham Railway, Light and Power Company
 A few decisions in criminal cases wore also rendered by the Supreme Court yesterday.
 Willie Tolliver. a negro boy of West End. will have to serve the twenty year sentence in the penitentiary that was given him by the Montgomery City Court on conviction of holding up and robbing J. J. Boyd of S5 some time ago Young Tolliver is only fourteen years old
 Mat Dunn, a Pickens County negro. mad life sentence affirmed on con- viction of the murder of Joe Roy, an- other negro over a year ago. The ne- groes engaged in a fight over a crap game In which Dunn shot down his antagonist.
 Grant Posey, of Shelby County. con- vlcted of raping Mary Posey. will have a new trial as the result of a Supreme Court decision. He was scentenced to twenty years imprisonment by the lower court.
The Montgomery advertiser., 1905-02-10
NEGROES STOLE TOBACCO.
Isaac Golden and Tom HiH in CustO
 anR RnlHrn

EOAAG&.
 Isaac Golden, a negro. empIoved a. a porter by Winter. Loeb and Company is confined in the city prison on a charge of larceny of tobacco from his employers
 Golden was caught yesterday morn- ing by one of the clerks in the store with box of chewing tobacco in his possession and he was Immediately turned over to the police. Golden viii have a hearing before Recorder Ar Fington this afternoon.
 Tom Hill. another negro. is held on suspicion of having stolen five boxss of plug tobacco from some one The police found the tobacco in a negro woman's house on Jefferson Street ana arrested Hill on suspicion.
 The special officers of the depart- ment are now at work on the case ana expect to hnd claimant for the to- baeco today
The Montgomery advertiser., 1905-02-10
FOR RENT-RnsIDENCEs.

FOR RENT-To & desirable colored tenant, No. I0s Cleveland Avenue, Q nice comfort ably arranged three-room cottage, tn good
 condition, we'll located and convenient Co ply to Albert Hanson. at Advertiser office,
 or Zirklo & Moore. 14-tf
The Montgomery advertiser., 1905-02-10

The weary hobo smote his breast And nightly protested; q never seem to get a rest,
 Yet always get arrested"
The Montgomery advertiser., 1905-02-10
FINANCIAL

ONE MILLION DOLLARS to lend on farm eity and suburban property before April |
 1905, at reasonable rates of interest, accord. inE to location of property. Loans closed In one day. The State Abstract Co, v South Perry Gt. fri-su-wed-27
The Montgomery advertiser., 1905-02-10

Matinee today BIJOu Theatre, 'sFhe Christian" IS and 25 cents.
The Montgomery advertiser., 1905-02-10

While widows are very popular while thev are widows, they do not seem to be very popular with their second hus- bands.
The Montgomery advertiser., 1905-02-10
STOVE FoOD.

PHONE IIs1. J. c. ABERCROMBIE, RIO and a12 HOUSTON ST. eOd-tf
The Montgomery advertiser., 1905-02-10
HTTsCELLANEOua.


 'T WAS ON A sLEEPER-The porter on the aouth-bound L. 6 N. train yesterday let a grip drop on the floor of the car. You should have heard the noise 1t made A voice from behind the curtain cried, Was that my case? For goodness sake did you break anything in it?" ''Yes. sir, I fear 1 have wasted all your rys-" ''If that was all I would not care, but if you have wasted all that N. B. polish for brass and iron that got from Payne, willingham 4 Wood I am undone, for my wife will send me back for more just as quick as I get home. shes got company in the house and nothing will clean the metal like N. B.. she say& so find out quick if it's the N. B."
 ANNOUNCEMENTS line of fishing tackle is larger this season than ever be- fore; you get what you want ju thls line ct our store at the right price. Montgomery Loan Co. tf-2a CARD-Patients desiring admission to the wards of the Montgomery Infirmary may secure cards by telephOning Mss Martin head nurse in charge. at phone No 72z Montgomery Infirmary. wsd-frI-su
The Montgomery advertiser., 1905-02-10
IRON SAFES FOR SALR

BUY. ssll and exchange iron safss oI every description; small and second hand Safes in stock. Write e. J, ThrashOE, Base msnt Moses Building. Montgomery. Ala. phone 12R.
The Montgomery advertiser., 1905-02-10
WANTED,

WE WANT your typewriter buslnsss; our sale rental and repair service ts unsur- passed; supplies for all machines Terry & Davant. If
The Montgomery advertiser., 1905-02-10
wANTED--sITUATION.

REFINED young lady wishing to move to Montgomery wants position as stsnographer;
 very best references given Address B. H. B., care The Advertiser. 2t
The Montgomery advertiser., 1905-02-10

LOsT-A sorreI mare about 5 years old,
 with blaze face; about 15h hands hign; branded on thigh. Suitable reward will be paid for return. Address c. F. Powers, CoOgada- Ala 7t
The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1905-01-21
LOCAL ITEMS.

A special meeting OF the county
board of supervisors was held at the
Court House, in L'Anse, Friday.
Miss Mary Voetsch will assume
charge of the L'Anse postoffice Mon
day next, in place Of Roger @. Will
liams, who resigned the Office a
number Of weeks ago.
DR.. w. A. Zellen expects to leave
today for Ann Arbor to visit for two
weeks. Miss Olga Zellen returned
to Ann Arbor Thursday, where she
is attending the University.
The Michigamme correspondent OF
the Negaunee Iron Herald states
that it is understood that George l..
Woodwork has not relinquished
general supervision Of the Niagara
Iron Mining Company's Ohio mine
near Michigamme, but the details OF
the management will be looked after,
for the present at least, by w. A.
Garner. 1t is expected that Mr..
Woodwork will make occasional
business visits to the village, for he
has interests there besides the mine.
The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1905-01-21
WILL FIGHT MACCABEE
RATES.
Circuit Court Asked to Keep
Order from Enforcing In
creased Schedule,

A dispatch from Port Huron says
that suit has been commenced in
the circuit court, at that place, to
restrain the supreme tent Of the
Knights OF the Maccabes from en-
forcing its increased schedule OF
assessment rates on members who
were in the order prior to the adop-
tion OF the new rates last July. The
right Of the order to change its
rates is contested on the grounds
that such action was in conflict with
the provision OF its charter, and that
it is not within the power OF amend
ment reserved to itself in its con-
tract with members. The legal
steps are being taken at the instance
OF the so-called defense committee
recently formed from among dissat-
isfied members. The suit is identi-
cal with the one started in the
United States court at Pittsburg q
short time ago, and dismissed there
for want OF jurisdiction.
The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1905-01-21
PEQUAMING ITEMS

John Wellin arrived from Skanee
Thursday.
Solomon Maseline was at Skanee
on business Friday.
Chas. Overmeyer, OF Aston, was
in town on business Thursday.
The bay affords fine ice boating
and skating at the present time.
Miss Bessie Wilde, of Odanah, is
here, visiting relatives and friends.
John Lofquist has been laid up for
number OF weeks with rheuma-
tism.
Fred w. Hebard made business
trip to Marquette the fore part of
the week.
Mrs. Joseph Forvilly visited at the
home of Rev. H. N. Aldrich Friday
of this week.
Pequaming car now boast OF her
ice rink, which is certainly the finest
in the county.
b Quite a number OF the boys will
attend the hockey game at Bough-
ton this evening.
Fri E. Tracy and Benz. Brink
made business trip to the copper
country SATURDAY..
Last Thursday night meeting
was held for the purpose OF organ.
izing hockey team.
Rev. and Mrs. Fl. N. Aldrich
visited at the home of Mr.. and Mrs.
Benz. Brink Tuesday.
F. G. Proctor and J. c. Foster
came in from Section 16 Tuesday,
where they had been scaling logs.
Don't forget to attend the NJ. <.
social to be given at the Hotel st.
Charles Saturday evening, January
28th.
Mr.. and Mrs. James Cosgrove were
called to Baraga Tuesday, on account
Of the death of Mr.. Cosgrove's
mother, Mrs. Martin Cosgrove.
By the number of pairs OF snow
shoes that have been purchased in
town the past two weeks, one might
think there was snow-shoe club to
be organized soon.
At meeting OF the M. E. church
committee, held at the Hotel St.
Charles, Wednesday evening, it was
decided to give social, for the
benefit Of the church, Saturday even
ing, January 18th.
The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1905-01-21
WAS A PIONEER SETTLER.
Andrew Trudeau Lived I'm Mar
quette FOrty-Seven Years.

Andrew Trudeau, OF Marquette,
brother OF George Trudeau, Of
L'Anse, died at his late home in
Marquette early Monday morning,
after an illness OF a number Of
months. Regarding the deceased,
the Mining Journal says.
Andrew Trudeau was one OF the
early settlers of Marquette county,
having been q resident OF the city
for forty -four years. He was fifty
eight years OF aye, having come to
the then village Of Marquette while
boy. He had record OF fifteen
years service with the old M. H. q
0. railroad, and OF late years had
been in the berry business, also con-
Quoting the barroon at the Carp
furnace location. The deceased
leaves six sons, Joseph, George,
John and Ed, of Marquette, William,
of Calumet, and Louis, who is out
west. The daughters are Emma.
Lillian, Mrs. Fred Desrocher and
Mrs. J. Lajounesse. Mr.. Trudeau
was member of the ST. Jean Bap-
tiste society. The funeral was held
from the home OF his son George, 526
Oak street, Wednesday morning at
8 o'clock, with services from st.
John s church.
The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1905-01-21
A. O. U. w. Omcers Installed.


At q regular meeting Of L'Anse
Lodge. No. ia, A. o. U. w., held
Wednesday evening, the officers oi
the lodge for the ensuing year were
duly installed. August Menge acted
as the installing officer. The list OF
officers is as follows:
M.yW.-Carl H. Johnson.
Foreman-Andrew Johnson.
Overseer-Harvey Selden.
Recorder-Patrick Cull,ney.
Financier-August Menge.
Receiver-C. P. Blankenhorn.
Guide-Alex Krolik.
Inside Northumberland Nc
Kindles.
Following the installation cere,
monies, an oyster supper was served.
The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1905-01-21
PENINSU ULA NEWS.
Items Of Interest Taken From,
Our Exchanges and
Condensed.

Counterfeit 5 and 10.cent pieces
are said to have been freely circu-
lated in Calumet.
Abram Nivi, a Quincy Hill miner,
was fatally injured Thursday. He
was hit on the head by skip in No
2 shaft.
Frank Lense, of Calumet, who was
charged with the murder OF Paul
Domonkus, was acquitted by q jury
Wednesday.
Governor Warner has appointed
]. Nankervis, Of Houghton, as Com
missioner OF Mineral Statistics, to
succeed Tom Hanna, editor OF the
Iron Mountain Press.
William F. Notion, OF Ishpeming,
convicted Wednesday Of the murder
Of his young wife last September,
has been sentenced to life impris-
onment in the state prison at
Waupun.
A Manistee dispatch states that
fire destroyed the frame roundhouse
and two engines of the Manistee &
Grand Rapids railroad at Filler City
Tuesday. The loss is estimated at
$4,000. The company will rebuild
at once, using brick and steel in
construction. The origin OF the
fire is unknown.
Erick Guilio, q trammer employed
at the Quincy mine, Hancock, was
accidentally killed Wednesday morn
ing, by. coming in contact with a
live wire. 1t is supposed that Guilio
stepped upon the wheel OF the tram
car in order to squeeze through the
passage, hitting the live wire in
passing by. Deceased was a single
man. about % years old.
William Scully was killed Tuesday
while thawing dynamite near Nc
Nabb's lumber camp, sixteen miles
from the 500. He was making an
excavation to get water to sprinkle
a logging road and was thawing the
explosive by bonfire. His body
was badly mangled. He was found
by another woodsmau, who heard the
explosion.
An Iron county farmer bought his
wife a revolver recently and insisted
that she should practice shooting, so
that she might defend herself in case
intruders came to his home when he
was absent. After the bullet had
been dug out Of his leg and the family
horse hauled away dead, he decided
she could defend herself just as we'll
with the broom, and sold the re-
volver.
John w. Jochim, a former secre-
tary OF state OF Michigan, died quite
suddenly Tuesday evening at the
Ishpeming hospital. Mr.. Joachim
had been a patient sufferer for years,
but only for the past two weeks did
his condition arouse apprehension.
Deceased was fifty-nine years old,
and came to Marquette county, di-
rect from Sweden, when boy. He
is survived by q widow aud two
children.