davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-06-27
Opinion. by Mcclelland. c. J.
BROOKS ct al V. COOK ct al.

BROOKS ct al v. COOK ct al. Action to Recover Royalty Upon a
 Lease of Ore Lands.-Appeal from
 City Court of Talladega.
 1. Action to recover royalty rom lessee; defendant not liable fer royalty where leased property does not contain ore; pleading and evidence.-Where the owners of land execute lease granting to the lessees the right and privilege to mine All the Iron ore in and under said designated land for given period. for which right the plaintiffs were to be compensated by q royalty, and mini mum amount of ore to be mined is stip- NIlated, if. in said contract of lease the payment of royalty be based upon the assumption by the parties that Iron ore existed under the lands, and 1t Is sub seauently ascertained that no iron ore exists in the land, the lessees can not be held liable for the royalty stipulated; and in an action by the lessors to re- cover a minimum royalty provided for, 1t Is competent for the defendant to set up as a defense the non-existence of the ore and to introduce evidence to show that fact.
 2. Same; authority of agent acting for his principals to lease ore lands in consideration of royalty.-A contract to lease ore lands having been made by agent of the plaintiffs in such way as not to bind his principals the plalnrlfs, but only to bind himself personally. may, however. be good as to the princi- pals, the plaintiffs. if they chose to rati- fy same and make 1t binding on the other party.
 3. Evidence-Evidence tending to ex- plain the quality of the ore on /the leased premises, inadmissable. since the contract sued on made no require ment as to the quality of the ore.
 1. Same: execution of lease.-A con- tract granting the right to take. ore out of the land, whether the consideration be called royalty" or by any other name, is a conveyance or a part of the real estate and must De executed with the formalities required for the con- veyance of real estate.
The Montgomery advertiser., 1905-06-27
HAWKINS v. HAWKINS.

TIA " hlNO V. TIA w hlNS. Bill in Equity to Have Annulled the
 Marriage Contract.-Appeal from
 the City Court of Anniston.
 l. Marriage; when license not proper ly issued, and does not authorize sol emnization of niarriage-While the statutory duty of a Judge of Probate to issue marriage licenses Is ministe- rial, 1t is nevertheless a duty involving official and personal discretion, and can not be delegated to another not author ized by statute to exercise such duty; and. therefore. where marriage licenses are signed fin blank by a Probate Judge, and delivered to a Justice of the Peace with discretions to fill in the blanks as occasion may arise, the issuance of such licenses by the Justice of the Peace filling in the names of the parties and date of its issuance does not constitute valid marriage license, and furnishes no authority for the solemnization of the marriage between the parties named therein.
 g. Same; invalid when without license not followed by o-habitation.-A mar riage solemnized by Justice of the Peace without valid license. and which Is not followed by co-habitation. is not valid either as statutory or common law marriage.
 3. Marriage; Jurisdiction of Chancery Court to annul marriage contract; du- ress.-WheTe a party is by duress coerced into entering into marriage and the marriage ceremony ia had under the supposed authorization of a marriage license, which license was invalid, and there has never been any co-habitation of the parties as man and wife after the ceremony, the person so coerced to enter into such marriage can main tain a bill to have annulled and de- clared void such pretended marriage.
 Affirmed.
 OpIpIon. h,, McCIeiland c.
The Montgomery advertiser., 1905-06-27

Rex E. Beach. author of7"Pardners." is an instance of the typical young American going into literature. He is big and muscular-a thorough going athlete who has won many medals for swimming and has been also, in his time. a football hero. Though in his early twenties. he is already vice-pres- ident of a big Chicago construction ana
The Montgomery advertiser., 1905-06-27

If your meals taste queer and strange Get your wife A gas sange.
 Food cooked on gas range is al- ways appetizing. paiatable, and easily digested. because 1t Is properly cooked. Gas ranges arc so nicely adjusted that they furnish just enough heat all the time. No risk of the thing being un. derdone or overoooked.
 MONTGOMERY L. S W. P. co.
The Montgomery advertiser., 1905-06-27

acquired a knowledge of the country and the people second to that of no one writing today. a Knowledge of which ha has made ample use of in hts stories. He saw the humorous side of Alaskan life, which other writers seem Co have overlooked and has brought it intG fiction for the first time
The Montgomery advertiser., 1905-06-27
Felt the Need of a Husband.


 Little Alice Is old for her years. One evening after she had gone to bed she head mamma and papa laughing in much enjoyment over a game of finch She longed 10 get up and join them, but she knew she must not. The next morning at breakfast she was very quiet. Presently she drew a deep sighs
 T feel the need Of husband, ma ma; l do feel it!'
The Montgomery advertiser., 1905-06-27

manufacturing company. Born in Mich igan in 1877, he went to Florida when a small child. then returned north to attend the Chicago College of Law, where he graduated in 1896. A ven- turesome disposition led him to join the first mad rush into Alaska after gold. He lived there for several years, and
The Montgomery advertiser., 1905-06-27
Head-Notes Qf the Decisions
 of Supreme Court Alabama

tor to owner: what money subject,-- The owner of a building who advances contractor on a contract after hay ing received the statutory notice from sub=contractor or material man who has furnished labor or material, Is lia- ble to said sub-contractor for such amounts advanced: notwithstanding the amount advanced was to pay for material necessary for the completion of the building.
 2. Same: unpaid balance.-A mate rial man or sub-contractor who gives notice to the owner of his claim. has lien upon the unpaid balance due the contractor and upon whatever sum may subsequently become due under the contract.
 8. Same; same.--The fact that there was held by the owner a sufficient amount under the contract due the contractor after the completion of the building to satisfy the claim of the said contractor, had 1t not been for the intervention of other lienors, does not excuse the owner from said liability
 Reversed and rendered.
 Opinion by Tyson, J.
The Montgomery advertiser., 1905-06-27

5. same.-One who is a party to deed or a beneficiary thereunto is not a competent attesting witness thereto
 Reversed and remanded.
 Opinion by Simpson, J.
The Montgomery advertiser., 1905-06-27
A smnrt Hummer Coat.

No matter where the thermometer goes this summer, coats will be in evil dence on all occasions. The smart wrap pictured is one of the newest
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
500 Reward, 500.

The readers OF this paper will be
pleased TO learn that there is at leas,
one dreaded disease that science has
been able TO cure In all its stages, and
that is catarrh. Halls Catarrh Cure il
the only positive cure now known to
the medical fraturnity. Catarrh being
a constitutional disease, requires a
constitutional treatment. Halls Ca
tarrh Cure is taken internally, acting
directly upon the blood and mucous
surfaces OF the system, thereby destroy
ing the foundation Of the disease, and
giving the patient strength by building
up the constitution and assisting ma
ture in doing its work. The proprie-
tors have so much faith in its curative
powers that they offer One Hundred
Dollars for any case that II fails to cure.
Send for list Of testimonials
Address, F. j. Cheney & Co, Toledo,
Ohio.
Sold by all druggists, tic.
Take Halls Family Pills for con-
stipat.on.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
LIFE HANGS ON A THREAD.

Pittsburg, Pa. Jan Is Should
the Pennsy lvania train from Har-
risburg tonight lose two hours be-
fore reaching Pittsburg, Reno
Dardio, a condemned murderer,
will be hanged tomorrow, but
should it reach here before ten o.
clock his life may be saved.
Sheriff Dixon and Gov Penny.
packer had long talk over the
telephone tonight, and though
told that a messenger WAS coming
the Sheriff told the Governor
that Dardio would be hanged at
the prescribed hour If he did not
stop the case through his messen-
ger.
Dardio once escaped the moose
by showing that he had not been
convicted under his right name,
Today, while the scaffold was be-
ing built, his attorneys went into
court and got out papers to declare
him insane.
Dardio tonight, in jest, offered
wager with the sheriff that he
would not hang.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
FOR SALE.

One Fine Red Poll Bull, IS months
old, fine color and a good calf every way;
with good treatment will make a bull
weighing 2OOO or 300 pounds. His par
ents we're very large. Sire Oberon
weighing 22O0 pounds, Dam Ruby 100
pounds. He lis registered and a guaran-
tee goes with him that he is o. X. every
way. Don't forget we have the very
best Bronze Turkeys and Barred Ply,
mouth Chickens that money can buy
and we offer them at farmers prices.
w. l.. KENNEDY,
Lola, Kentucky.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26

Albert McNeeley, wife aud little sistei
were here Friday.
Mrs. Sue Elder went tor Craneyville
Friday to visit friends.
Eli Num-, Of Rodney, was shaking
hands with his friends Friday
Mr.. and Mrs. j. d. Farris, of Salem
KY, we're in the city Friday.
w. L. Station came 10 Thursday and
left Friday morning for Tolu.
II. H. Sayre went to Louisville Thurs
day at noon on business.
Prof. kenmore, Of Joplin, Mo, was
here last week on business.
j. NJ. McChesney and wife returned
from Kelsey Thursday afternoon.
Louis c. Terry and wife have moved
back to the old home in the country.
Hon. c. c Gresham, o; Paducah,
was in the city Thursday on legal BUSH
ness.
Miss Nellie Boston has returned from
Denver, Colorado, and will make her
home here now.
John T. Franks is not improving as
his friends had hoped, but is quite sick
in Denver, Colorado.
Rev. G w. Hummel was over from
Princeton to attend the Edward -Thomp.
son lecture.
Dacoma, o. T., Jan. 9, 1905.
Mr.. S. NJ. jenkins,
Dear Old Friend,
AS am lucky enough to get a free
delivery, you will please send my paper
to Dacoma, h. f. d. No. l. So wishing
all friends and you happy New year,
am as ever, Yours,
j. f. BRUCE.
Notice TO Taxpayers in School Dis
trict 36, Horse Creek.-This tax is past
and penalty is on, and it must be set
tied before Feb. 10th, 1905.
JAS. w. RITTENBURG,
Gladstone, Ky.
For SALE-Seven head mules and
horses all ages, two good milk COW
with calves. Easy terms. Apply to
OWEN BoAz,
Dycusburg, Ky.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
Notice.!

To electric light patrons-Re-
ceipts are ready and all bills for
lights are due on the first Of each
month at the Office of the COM
pany. la order TO meet our bills
promptly we must collect as above
and will allow no variations.
Marion Electric Eight d Ice Co,
BY Ebbs L. Pickens, Secretary.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
FARM FOR SALE.

l03 acres of good land, !! miles east
OF Hampton, KY, part of the N. L. Rec
tor farm. Near good schools, plenty OF
water, good fences, orchard, barn, first
class farm in every respect except a
house; produces corn, wheat, oats, to-
bacco, potatoes, timothy, clover or any
thing grows in that climate. Terms
1,250 cash. II. K. RAPoLEE,
Caddo, l. Il. 5tp.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
LOCALS.

p. b. Croft, of Colu, was here Friday
VIM. Barnett, Of Tolu, was here Fri
day.
W. E. Dowell, of Tolu, was here
Friday.
Gus Graves, of Dycusburg, was here
Friday.
James Stegar, of Princeton, was here
last week.
PS. Give my best respects to all
old friends.
Forest Harris, the merchant Of Tolu,
was here Friday.
w. G. Archer, Of Greensboro, Ky.
was here Thursday.
]. W. Stout, OF st. Louis, visited his
parents here last week.
Rush Stephenson, of the Mexico
country, was here Friday.
Henry Terry and wife have moved
into the Sheridan vicinity.
j. W. Glenn, of Joplin, Mo, left
Thursday for East Tennessee.
c. Y. Davis, OF Paducah, the tele-
phone manager was here Thursday.
Mrs. Thomas Hearin has been quite
sick at her home on West Depot street
Lutte Bailey, Of hat fame, was here
Friday with a nice line Of straw goods.
Ex-senator w. ]. Deboe was in
Washington d. c., on business last
week.
Mrs. r. l.. Orme is confined to her
bed at the home of her sister, Mrs. j..
w. Blue.
Miss Eva Fsrris has returned from
Kelsey, where she has visited for the
past two weeks.
Prof. X. Z. Leaf, OF Lockyear Bust
ness College, was in the city Thursday
en- route to Tolu.
Bryant Num- and wife and child left
for Admission. Mo-, Thursday night.
They will locate there.
L. S. Rushing, contractor at the As
bridge mine, of the Kentucky Fluor
Spar Co., was here Thursday.
A. B. Taylor, manager of the Marion
Beard mine, is doing some good work
there now.
j. K. Delker, son Of the great buggy
maker, was here last week looking after
his mining interests.
j. T.. Ramage, Of Providence, the
manager Of the telephone exchange, was
here Thursday.
John G.. Delker, OF Greensboro, KY,
was here last week looking after mis-
mineral interests.
Mrs. Bette Mann, of Tolu, passed
through the city euroute home from a
visit to South Carolina.
Cows FOR SALE.-A number Of nice
fresh, milk COWS for sale.
FELIX Cox,
Marion, KY.
&. II. Whitecotton, OF Sturgis, was
here Thursday. lie is hale and hearty
and proud of hls wife, his baby, his
home and his mine, the Georgia May"
over in lnois, named in honor Of his
own little daughter.
For SALE-Lots No. and in Reed
addition to the city OF Marion in Block
r. Price, 1925. One thousand shares
mining stock with each lot
TRICE BENNETT.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
A GUARANTEED CURE FOR
PILES.
Caddo, /.

Itching, Blind, Bleeding or Protruding
Piles. Druggists refund money il Paz
Ointment fails to cutre any cBse, no
matter Of how long standing, in 6 to IA
days. First application gives ease and
rest. 50c. If your druggist hasn't il
send SOC in stamps and it will be for
warded postpaid by Paris Medicine Co.. =,
ST Louis, Mo. 6m
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
Public Sale.

| will on the 18th day Of February,
1905, at my farm, one-half mile from
Repton, on Marion and Morganfield
road, offer for sale the following prop
erty: Two work mules. two cows, one
calf. one SOW and six shoats, one farm
wagon, one log wagon, one buggy. farm
ing tools, house and kitchen furniture.
Terms made known on day of sale.
j. w. THURMAN.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
SCRIPTURE READINGS.

Thursday, Jan. 26.-The First So
iourn at Capernaum, John ,: u.
Friday, Jan. 81, First Passover, John
2:I3-25.
Saturday, Jan. 2s, Interview with
Niccdemus, John 3: 1-2l
OUTLINE OF LESSON.
L. The Pupil.
l. A Pharisee.
,. A Ruler.
3. An earnest seeker after truth.
IL. The teacher.
l. Divine, V. 2.
,. Personal knowledge, vs.. IL, II.
3. Personal experience, VS.. H.
III. The Lesson.
1 Its necessity, VS.. 3, ST..
2. Its nature, VS.. 3, 6.
3. The lesson illustrated.
~ BY the wind.
~ By the serpent in the wilderness.
A.. The lesson applied, John 3: l6.
SEARCH QUESTIONS.
1. Where did Jesus go from Cana?
,. Who accompanied himY
3. About what time Of year was it?
5, Were money changers and vendors
of animals for sacrifice necessary?
3. II so, whyG
g. Why then did Christ drive them
out?
7. In what way did they demand his
credentials
8. In what form did he answer them?
8. Why was the temple so long in
building?
10. In what way did his answer help
the disciples later onY
IL. Was Nicodemus a member Of the
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
CITY FEATURES
Retail Merchants Protective kSsocia.
ton.
Courier journal !

lC9urierJ Journal
The now enterprise known as the Re
tail Merchants Protective Association,
with headquarters at i07 Keller build
ing, Louisville, which was organized by
j. o. Carter, travelling salesman for
Streng Il Thalheimer, is meeting with
most gratifying success This is:a move
ment that will prove OF very great ad-
vantage to the retail merchant, aud Mr..
Carter deserves great credit for organ
ing the association, and should have
the hearty co operation Of every mer-
chant and businesl man In the country.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
~
/ The 5. 5. Csatbtrs' Training Class.
S>Fsf>f><N~>Fx by Rev F. Price S1f1F>f1FF<F<~FF
N>f>s>F1>>F1>akF

Sanhedrim?
IL. What concession did he make
when he came toJesusY
Is the new birth taught in the Old
Testamenty Eek II: 10; 1881: 1926
Jer. q: 7; 3l;33)
ii. Did Nicodemus become a follow
err Of Christ
LIVING THE LESSON.
/. Nicodemus, although busy man,
took time to have a talk with Jesus.
will take time every day to have a
talk with JesusY
,. Have been born againY II so,
will tell Others OF my birth.right priv
ileges? IWhen Mr.. Summerfield was
asked of his birthplace, he says 81
was born in Dublin and Liverpool "
Do we remember our spiritual birthday 2
|. "Was Jesus taken to the temple
at the age eight days, or five or six
weeks?" Miss Maud Hughes, Pulaski,
Tenn He was taken to the temple az
the end of 40 days. (See Lev. Chap. -;
also Elk. 1872; - 20.
=. Give the exact number of times
He was in Jerusalem from birth to min
istry." M. H. Only two recorded.
See Luke ,: - and V. i2.)
Did not the visit of the shepherds pre-
cede that OF the wise mem" M. H.
1t did, The shepherds visited him on
the night of his birth: the wise men did
not visit him until they returned from
their first visit to the temple.
4. When did Joseph and Mary go
into Egypt" Immediately after the
departure Of the wise men?' See
Matt. >: ID.
Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1905-01-26
NOT GONE
But still at the old stand

Where we hope to meet all old friends and as many
new ones as may favor us with their patronage during tho
year 1905 We have for you to select from the LARGEST rJ
most complete stock OF Groceries in Marion and the
prices are right too Not having space to enumerae every
thing we carry everything you Come in and see us and
call for it and when you have anything to SELL call on us be-
fore you SELL All parties owing please call and settle as
Is the first of the year. We need the money badly.
Respectfully yours,
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-07
Stocks end Bonds.

New York, May 6.-Today's dull
and saggng stock market was in ac
cordance, with general expectation and
was corroborative of the view that
yesterdays buying largely represented
profit-taking by the shorts. With this
demand from the short interest salts
fled prices slipped back today more
from the exhaustion of the demand
than from any renewal of active pres
sure to sell. The Supposition is gem
eral that a period of quiet speculation
is before the market in the absence
of important new developments, with
the possibility of some further specu-
lative liquidation yet to be concluded.
So many illusions have been diSsi-
pated and corresponding losses and
disappointments suffered by those who
accepted unWarranted rumors in good
faith that an early renewal of specu-
latiVe care is not counted upon. What
adds to this probability is the APP
proach of the season of uncertain1y
and vicissitudes for the countrys
crops and the normal unsettling effect
of this period upon business in general.
Union Pacific and st. Paul continued
their leadership of the market today
on the reaction as on the recovery.
There was some temporary show Of
strength in other quarters but it was
not sustained Unofficial reports
which were denied that Lake Shore
had acquired some blocks of Erie gave
a firm tone to these stocks. Yester-
days jump in Peoples Gas was found
this morning to have been due to a
false report as to the proposed gas
legislation and that stock dropped
back The advaS>ce in Northern Pa
cific was detrimental to the market
rather than helpful. The bank state
ment conformed so closely to
the forecasts that it's publ
cation called for no readiust-
ments of market accounts. The mar
ket closed weak and dun.
Total sales of bonds, par value,
$685. 900.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-07
TRADING IS DULL,
PRICES SAGG|NG
But This Condition of
Stocks Was Expected.
QUIET DAYS AREAHEAD
Such is the Opinion of Men in the
Stock Market. Weakness DeVel-
ops in the Grain Trade. Con-
siderable Realizing and
Buying of Cotton.
lBv the Associated Press. }

New York, May 6.-The cotton
market opened steady at unchanged
prices to an advance of 1 point, which
was better than due on the cables ana
a fairly favorable weather map. There
was considerable realizing, but shorts
were quite active buyers, ana, with
moderate support. prices showed an
upward tendency during the early
morning trading and advanced some
4 to points over last nights t1gures
when realizing became heavier and,
with support less active, prices react
ed to about yesterdays finals.
Receipts of cotton at the ports to-
day. 1875 bales, against 2S,57S bales
last week and 2,503, bales last year.
For the week (estimated) 1000
bales, against It's, sos last week and
46,670 last year. Today's receipts at
New Orleans, Ali bales, against
1929 bales last year, and at Houston,
3,518 bales, against 1876 last year.
New York, May p-Cotton spot quiet;
=. pointsshigher mlddlfng uplands 79j, Dnid
ding quit, 10, sales Is Futures opened
ia 1T and quiet s.osed steady.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-07
New Orleans cotton.

New Orleans. May Spot Cotton
steady; supply light sales, 1880 bales
including $50 to arrive. Quotations
unchanged. Futures opened quiet
and weak on disappointing Liverpool
report ard a fairly favorable weather
map. The visible supply statement
and spinners' takings are looked upon
as being much more bullish than eX-
pected. Their effect offset the influ-
ence of the poor Liverpool. In the
local trading May opened points
down at TAG, sold up to 1855; finally
declining to 7.4S. The other active
months experienced similar 1iuctu-
atoms The market closed steady
with net losses on May 3, June 1,
July and to Z points on other po-
sitions
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-07
Other Cotton Markets.
rome. Mid. Receipts
Weekly Bank Statement.

New Yorx, May 6.-The statement
of averages of the clearing house
banks of this city for the week shows:
Circulation $44,537, 500, increase $685.
400; deposits $1,143, $4,000, decrease
$3.50, 700; legal tenders $S4,40O,2O0
decrease $1.182, 100; specie $220,3O3,-
700, increase $2.5SS,6 500; loans $1,092,-
121, 800, decrease $5,7S0, 200; reserve
1904, 703, 500, increase 81, 406, 500; re
serve required 1885, decrease
$6,657.650; surplus $1S.729,425. in
crease $2,064,175; eX-U. S. deposits
$22. S40,700, increase $1,97O,750.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-07
Wanted: superintendent of Graded
Schools.

On Monday, May Is, 1906, at 2
o'clock D. m, at the office OF VIM. H.
Ruffin, in Louisburg, North Carolina
a superintendent of graded schools for
LOuisburg will be elected Core
spondence with applicants solicited.
f. N. EGERTON, Chairman.
VIM. II. RUFFIN Secretary.
May 3, 1905.
5-3-Wed Fri Sun-3t