davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-09-12
HeAd-Notes ef the Decisions
 Qf Alabama Supreme Court
w. J. TALLY EFT AIS vs COURT OF COUNTY COMMISSIONERS OF
 JACKSON COUNTY EFT

w. J. TALLY EFT AIS vs. COURT oPI
 COUNTY COMMISSIONERS OF
 JACKSON COUNTY EFT
 AIS.
 Bill in Equity to Enjoin the Erection
 of Court House. and to Restrain
 the Issuance of County Warrants and
 the Levy of Special Tax-Appeai
 fpom Chancery Court of Jackson i. Court of County Commissioners; authority to issue warrants for build- ing Court House.--The issuance by the authority of the Court of County Com mIssioners of interest bearing warrants on the county treasurer, payable at a stated time in the future for the amount of a debt contracted for the building of a court house. is not the issuance of bonds by the county with in the provisions of Section 222 of the Constitution. and is within the competency of the Court of County Commissioners: and. in order to give validity to the Court of County Com missioners in authorizing the issuance of such warrants, payable severally and at future dates, to pay for the erection of a court house, 1t is not necessary that such issuance should have been authorized by the vote pre- scribed. by said section of the Consti- tuition.
 2. Same; authority for building new court house.-The Court of County Commissioners has the sole and exclu- sive power and authority in the mat ter of determining the necessity fo: & new court house for county; and in the exercise of their discretion in such a matter, the acts of the Court of County Commissioners. when free from fraud. corruption and upfair deal. ing, cannot be questioned or controlled by any judicial tribunal.
 Affirmed.
 Opinion by Mcclellan, c. ].
The Montgomery advertiser., 1905-09-12

the services of the wife in lieu of the plaintiff, 1t ia error for the court to in struct the jury that they could not find for the plaintiff for services rendered by his wife.
 where one of the items of the account sued on was the salary earned by plain tiff's wife. and the plaintiff testified that the salary earned by his wife dur ing such time belonged to him, the credibiiity of such evidence was ques- ton for the jury, and it would be error to instruct the jury that the plaintiff could not recover anything for the sal ary promised to be paid his wife.
 Affirmed
 Opinion by Tyson, J.
The Montgomery advertiser., 1905-09-12
ROLLERS EXAMINED.
DemOpolia Water Works Plant is In
 Good Condition.

DemOpolls Water Works Plant is In
 Good Condition.
 Demopolis, Sept. 11.-(Special. )-The regular examination of the boilers at the City Water Works Station took place a few days ago and the report was a good one and reflects credit on the engineer and superintendent.
 The round lap cotton ginnery has re- sumed operations and has been kept busy
 The steamer New Haven on her last trip brought up a good number of pas sengers who came from down the river points to purchase in this market
 The new organ for the Methodist Church has arrived and was given trial yesterday. ..
 It Is learned that some of the people of this city are interesting themselves in a new manufacturing industry at this place. The interested parties are now gathering data and if they are convinced that there is good opening here they will erect plant.
The Montgomery advertiser., 1905-09-12

 P. Screws, of Montgomery, is one of the officers of the 18th, and Hon. A A. Wiley is one of the Congressman of the party.
 Miss Marguerite Durrtz l4ahey of New York. whose picture with sketch of her appeared in an article by Lillian Gray In Sundays Advertiser is a niece of the late Mir. James Lahey of Mont gomery. As will be remembered the article stated that she Is one of the most famous artistic book binders on Isaac Lahey. is a wealthy lace importer of New York.
 Miss Kate Nevill of Camden passed through Montgomery yesterday on her way to Wetumpka to take charge of the Art Department of the Fifth Dis trict Agricultural School at that point.
 News has received last night that Mrs. W. W. Wadsworth is critically III at her home in Wadsworth. She has many friends in Montgomery who will hear of her illness with deep regret.
 Miss Pansy Mcguire spent Friday night and Saturday in the city with her friend, Miss Mary Brown, at her home on Heron Street. en route from Moul- trie, Ga, to Gulfport, Miss
 
 Miss Marjorie Sayre has returned home after several months absence in Paducah and Princeton, Ky, where she has been visiting her aunt, Mrs Ricke. Miss Stella Sanguinetti has returned home after spending the summer at Virginia Beach. old Point Comfort, Danville and other points In virginia Mrs. Myrtle Orange Young and little daughter, Myrtle, of Selma, are visiting Mrs. W. J. Reynolds. Jr, at her home on North Lawrence Street. Mrs. Alabama DeBardeleben is spend ing a few days with Mrs s. c. Winter at her home on South Goldthwaite Street. . Miss Lucia Richardson has returned from Birmingham where she has been visiting her sister, Mrs. Sydenham Smith. -.. Miss coraiette and Mary Metcalf left this morning for Clarksville, Ga,, where they will visit friends for several weeks.
 Mir. and Mrs E. B. Joseph have re- | turned from Asheville, N. C., where they have spent the last three weeks. The friends of Master William Brown are sorry to learn that he Is i'll at his home on Heron Street. Mrs. warren T. Savage has returned
 from a visit to friends in Mississippi and Kentucky.
 | Mrs. S. P. Brown is visiting her sister,
 Mrs. ]. T. Cook, on South McDonough
 Street.
 Mrs. Phares Coleman has returned from Asheville, N. c.
 Mrs. Louis B. Farley has returned | from Asheville, N. c.
The Montgomery advertiser., 1905-09-12
COURT AT TROY.
Criminal Docket Of Circuit TFIbunal Be-
 ing Considered.

ing Considered.
 Troy, Sept. 11.-(Special )-The crim- inal docket of the Circuit Court was taken up this morning. The docket is not d heavy one this term of court. The Jim Johnson case. which is the only murder case to be tried, has been set for Thursday Only forLy-five true bills were found by the grand jury. thirteen felonies and thirty-two misdemeanors.
 Jchn Taylor and Mss Pinkie Sims ware married yesterday evening by Pro- bate Judge A. C. Edmondson at his res idence on South Three Notch Street. Both bride and groom are from near Shelhorn
 Miss Pattie Davis of Lafayette, who has been visiting Mrs. Joel D. MurphTee, Jr, has returned home
 Cotton continues to come to market rapidly in spite of the recent drop in price and the warehouses are beginning to he crowded.
The Montgomery advertiser., 1905-09-12
opinion by Simpson. J.
SOUTHERN INDUSTRIAL INSTITUTE
 V. HELLER.
Action Of Assumpsit,


 1. Trial and It's incidents: when the Introduction of evidence discretionary with the court.-In the trial of an ac- ton of assumpslt when the plaintiff has made out a prima facie case, after the defendant has introduced his testimony, and after the plaintiff has closed his testimony in rebuttal. as to whether the defendant will be permitted to intro duce other testimony which was not in rebuttal of plaintiffs testimony. s in the discretion of the trial court. and is not revisable
 2 Action of assumpsit; when plaintiff entitled to recover for services of wife. Tn an action brought by plaintiff to recover an amount alleged to be due ant sats up the fact that plaintiff. dur ing part of the time alleged to have been covered by such services, was sick s,,d the evidence tended to show that S,,-,,,s, such time the wife of plaintiff tsugbt for him, and 1t Is open to the inrv to find that tbe defendant accepted
The Montgomery advertiser., 1905-09-12
PRowELL V. STATE, ex rel HAsrY
 ct al.

Proceeding m quo Warrafito.
 1. Term of office of Judge of Probate not affected by the General Election Law of 19O3.-The Act to further regu- late elections in the State of Alabama" 1" approved October 9, 1903, (Acts 1903, p. 43S), did not extend the terms of of flee of the Probate Judges then in off, flee for an additional year; and under the provisions of said Act, a Judge of Probate whose term of ofiice commenced November Srd, 1898, could not hold said office longer than a reasonable time af- ter the expiration of his term on No- vember 3rd. 1904. and until his success sor, elected on November sth, 1904, could qualify
 Affirmed.
 Opinion by Simpson, J.
The Montgomery advertiser., 1905-09-12
MONTGOMERY THEATRE.
 Wednesday Night,
'sThe Seminary

,''The Seminary Girl' is filled with light, laughter, music, attractive wo- men who sing and besides wearing gorgeous gowns, also dance. The scenic investature Is magnificent the action is rapid. plot excellent and has a big company presenting 1t. Seats now on sale. Adv
The Montgomery advertiser., 1905-09-12
WILSON vs. MILLER.

Bill to Enjoin Action of EJectment,
 and to Remove Cloud from Title
 Appeal from Bibb Chancery Court.
 1. Equity jurisdiction; injunction; ejectment.-where the defendant in an action of ejectment claims that deed upon which the plaintiff relies. has been fraudulently altered. in that the date of execution and record has been changed, and that the legal erect or the deed has been altered by fraudu- lent interlineations. the court of law has Jurisdiction to determine the mat ter, and a court of equity cannot en- join the action. (Haralson, J. dissent- ing)
 2. Same; removing cloud from title. Equity has jurisdiction to entertain a bill. filed by an alleged owner. in possession, in which it is averred that a claimant of the premises claims un- der a deed which has been fraudulent ly changed by altering the date, so as to make 1t appear to antedate a deed under which complainant claims the premises. and also by fraudulent interlineations, for the purpose of can ceiling the deed as cloud upon the title, if no action Is pending at law for the recovery of the premises. But after such action has been begun, the defense being legal, in contradistinc- ton to being equitable, a court Of equity will not oust the Jurisdiction of the law court. (Haralson, J. dissent ing.)
 Raversed and rendered,
The Montgomery advertiser., 1905-09-12
GIVEN TEN YEARS.
Conclusion of AIeek smith Murder Tria
 -k ra-SavvtTVa

Centrevflle, Sept 11.-(Special- )- Circuit Court adjourned here at half past Il o'clock Saturday night after very busy session. Fewer cases were left on the trial docket than was ever known before. The jury in the cases of the State vs. Aleck Smith, after hav- lnG been out for two days. returned a
The Montgomery advertiser., 1905-09-12
TO LTFn ENDURANCE AGENTS.

Can place your Ron-pnFttcipating ap- piicatiOna i'm ome of the oldest and lnrGeat companies. Best contracts and meat liberal communications. Also annual dividend and term policies. write ~s8anageEs Box 104s" MOntg0meFyt Ala.
The Montgomery advertiser., 1905-09-12

BE SURE TO READ IT the description of the fireworks for children at SI45 tonight at Electric Park.
The Montgomery advertiser., 1905-09-12

News has been received in Montgom- cry that when the Investigating Con Eressional party with whom Miss Alice Roosevelt is travelling abroad stopped in Malabans. Mindinao, in the Philip pines, to take the trail to the lake, the
The Montgomery advertiser., 1905-09-12
pATTHRsON.LOCKWOOD.

The following invitation has been is- sued by MT and Mrs Lockwod:
 "Mr, and Mrs Frank Lockwood re- quest the honor of your presence at inc marriage of their daughter, Mar iorie, to MT. Frederick Wakefield Pat terson. on the afternoon of Wednesday the twenty seventh of September, at o'clock' at st. Johns P. E. Church, Mont Eomery, Alabama" "s-
The Montgomery advertiser., 1905-09-12
xEIsHpoRHooD HOUSE

KINUEE1NHAAEEN. Miss Caroline Mckinney. who return ed from her vacation. reopened one part of her Kindergarten work at the west End Neighborhood House on Monaay will begin on Monday, October 2. Miss Mckinney wishes 1t known that she will be glad to meet any young ladies thinking of studying the kindergarten work this year. or who are interested in this work. that she may explain 10 them what 1t means and what nas heen to so many. She will be glad to meet them on Wednesday. septenn- Der IS at 10 o'clock, 42S Madison Ave nue. She can be reached at any time by telephoning No. 1870.
 The Neighborhood House and Work IS open to all to visit at any time
The Montgomery advertiser., 1905-09-12
WrTT-ROMAN,

Mir. and Mrs. s. Roman have an rotInced the engagement of their daughter, Miss Esther Loeb Roman to to MT. Lee H. Well of Montgomery.
The Montgomery advertiser., 1905-09-12
PERSONAL ITEMS

Miss Lucille skinner of Auburn is vis- itinR her relatives, MT. and Mrs. J. T. Cook, on South McDonough Street, and from here will go to Ozark, where she will assume her duties as teacher In the Ozark public schools.
The Montgomery advertiser., 1905-09-12
City Public Schools

The next session will begin Monday. seD- tember Bath.
 September 6. and daily thereafter the of flee of the Superintendent, 2O5 High street. will be open for the admission of ngw puA pils. Hours to i9 and Co ,. During the same hours and and after September 20 colored pupils will be registered at cene-
 Pupils holding hssign9nent carda are nos required to register. Pupils who have moved from one school district to anothea during the summer must secure eranatas cards ct the office.
The Montgomery advertiser., 1905-09-12
CHARLES |. FLOYD, SuparInlsndsal
 ea

ATLANTA COLLEGE or PHAHaIAcK.
 Free Dlspensary; only college operating an actual drug store. Greater demand GoN our graduates than we can snpply. A1- lsK Whitehall B. Atlanta Ga. alarknrthd
The Montgomery advertiser., 1905-09-12
lUcn1en and Society.
BY MRS. J.' M. DeCoTTES.

party dined with the officers of the 18th U. 8. A. Regiment. MT. William P. Screws, of Montgomery, is one of the officers of the 18th, and Hon. A A. Wiley Is one of the Congressman of the party
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16

ed the whole house adding grace
and beauty everywhere. High
five was the game of the evening.
Mrs. Taylor secureu the Club
prize, n lovely bunch of pink car
nations and ferns.
Miss White won the guest prize
an exquisite hand made handker-
chief. The dainty and delicious
refreshments were served in thee
courses. Shifted nuts were first,
then the salad course. followed by
brick cream and angel food and
maccaroons. All present were
highly entertained by this most
charming hostess.
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
An Explanation.

In a recent issue Of the Ballin-
ger Banner-Leader, one w. w.
Mckinley takes San Angelo
severely to task for permitting a
man to be taken to the Tom
Green county Jail, who had been
found in the edge of the river
early one cold morning nearly
frozen. The writer intimates
that the poor man was dying,
breathing out his last, and that if
Ballinger had put man III such
place he would have been in II
cold, dark jail, a place unfit for
even u man charged with crime.
He thinks the poor man should
have been taken TO some home
and placed upon downy bed in
stead of being carried to the jail
The facts in the case ure these:
A gentleman who was superin-
tending some work for the coun-
ty was often around the jail and
jail yard, when he found the poor
man in the river he knew that
even at that early hour there
could be found a warm room and
good attention at the Jail and he
lost no time III getting him to
that place. ! was then county
physician and was called but was
away from home, DR.. G. +. Mays
however responded promptly and
by his we'll directed skill and
energy the poor fellow was
thoroughly thawed out and
sobered up. After a comfortable
rest and II good hot meal, the
grateful man was sent to his home
in carriage. Tom Green county
and San Angelo, like their indi-
vidual citizens, always give a
helping hand to the unfortunate
the distressed, the poor and the
needy.
If Mr.. Mckinley has such q
real fear and nervous dread of the
Jail, with which he seems to be
acquainted, would suggest that
he immigrate to Tom Green
county, whose beautiful jail Sit
ting like u castle on Harris
avenue, always furnishes COM
Portable rooms, wholesome meals
and the best of cares for its guests,
Il. w. CoNERLY, NJ. d.
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
CORNER STONE LAID.
Impressive Masonic Ceremony Held
and Bishop Hoss of Dallas
Delivered Grafton.

Ten o'clock yesterday morning
was the time and date set for lay
ing the cornerstone of the new
Methodist church, corner Beaure-
gard avenue and Cakes street.
Long before that hour, even as
early as $50 o'clock people had
assembled at the site of the new
church in order to obtain a close
view of the ceremony.
The Masonic lodge met at 8
O'Clock and at ten O'Clock the
ceremony was performed. Mr..
Sam Pollock, who is Master of
the San Angelo Masonic Lodge,
represented the Grand Master of
the Grand Lodge of Texas. He
was assisted by about sixty men,
bers of the San Angelo lodge as
we'll as by a number of visiting
Masons.
After the ceremony was per-
formed Rev. Simeon Shaw, pas
tor of the NJ. E. Church and
Chaplain of the Masonic Lodge,
introduced Bishop Hoss as orator
of the occasion.
Bishop Hoss in an earnest and
forceful talk interested the large
crowd of visitors to the ceremony
as well as the many members of
the Methodist church who were
present. Bishop Hoss is a good
speaker, possessing that earnest
ness and deliberation which holds
ones attention and bespeaks the
true Christianity of the speaker.
The laying of the cornerstone
of this church marks an era IN the
history of religion in San Angelo:
Long before any other protestant
denomination was represented in
San Angelo, were the Methodists
here.
The present house of worship
was built before the great flood
of 1884 which destroyed Ben
Ficklen and resulted in San An
gelo becoming the county seat
of Tom Green County. Since
that time the Methodists have
steadily grown in numbers and
usefulness until today they have
accomplished the beginning on a
$4,000 house of worship. The
laying of this cornerstone means
much for San Angelo and the
earnest membership of the great
Methodist Episcopal church here.
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
Seed oats at Neeley Brothers

DVOu JAWS Nv NCoiCJ ilOVhCio
"A very complete line of wall
paper, Dougherty's. II If.
Poultry netting at Hagelstein's
w. f. Loftin and wife were
here from the ranch last week.
Bushels of clothing bargains
at Spencer's. If
rn.-Wednesday night March
9Th, to Mr.. and Mrs. Chas. Oates,
girl.
w. T. Bishop, Lee Upton and
j. II. Thomson left Monday for
Waco where they go to attend the
Tri-State meeting of the Wood
man Of the World. They 60 with
the expectation of winning out in
thier efforts to bring the next
annual meeting of the body to
San Angelo.
Music Books, Allen. If
Fish Poles of all kinds at Hag-
elstein's.
The great sale goes on at Spen-
GERS. If
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
3 DEATH ROLL :
Emil Harmuth.

Emil lIarmuth, we'll known
and respected German, commit
ted suicide sometime Monday af-
ternoon by shooting himself In
the left temple with a IL Colts
pistol at his residence near the
ice factory. Deceased was about
IS years old and lived alone. The
tragedy was discovered at G:3O
p. m, by Geo. Bond went up to
see the old gentleman and take
him some mail. lie was found
dead upon the bed, dressed neat
ly, tie pistol near his left hand,
Everything in the room was clean
and nicely arranged, showing that
he had quietly prepared for the
end. The only cause known fol-
his suicide is dependency. He
had had much trouble during his
life over which he worried.
The funeral was conducted
Tuesday at B p. m, from the un.
dertaking rooms of A. S. CAN'T &
Son and the remains were inferred
in Fairmount cemetery.
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
= SOCIETY,". Z
Woman's Club Officers.

A meeting for the annual cleo
ton of officers for the Woman s
Club was held Saturday evening
at 3 o'clock, the club meeting
with Mrs. e. X. Talbot. There
were fifteen members present.
The election was by silent ballot,
the result of which is as follows
Mrs. A. J. Baker, president D.;
Mrs. Mathews, first vice president
Mrs. G. f. Hudson, second vice
president; Mrs. II. II. Henderson,
secretary; Miss Rose Chamber
lain, treasurer; Miss Anna De-
Berry, critic; Mrs. Brown f. Lee,
parliamentarian.
After the election the hostess
handed each guest card decorat-
ed with green and white, (the
club colors) upon which were the
following questions, each ques-
ton to be answered by a quota
ton from Shakespeare, We give
the answers: What quotation
might christian scientist use in
advising sick person? "Throw
physic to the dogs"
What one applies to two dear
friends who belong to rival clubs?
"Clubs cannot part them"
What one applies TO a man
who keeps dye house, but has
out no sign? she dies and
makes no sign"
What title of play applies to
mothers darling, who turns out
badly? "Loves labor lost.
How does n dressmaker's mir
ror resemble part of Ophelia's
description of Hamlet? "Glass
of Fashion.
The prize, pot of white prim-
roses, was drawn for, several tie
ing in answering the quotations,
Miss HUMPHREYS was the winner.
The retiring president, Mrs. S.
f. Taylor, was given large
bunch of violets tied with green
and white ribbon.
Delicious refreshments were
served the guests and each one
was given n bunch Of violets as a
souvenir. The evening was spent
most pleasantly by all,
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
WOman's Club.

"Ah March We know thou art kind heated
Spite of ugly looks and threats,
And out Of sight art nursing, April violet
The Woman's Club met We'll
nesday evening, March 10, at 4
o'clock, with Mrs. @. f. Huds on.
The roll call was answered with
quotations from Jeremy Taylor.
The study and subject of dis
cussion for the afternoon was the
biography of Jeremy Taylor and
II most interesting one it made
with Mrs. G. +. Hudson leader.
The paper prepared by Mrs,
Brown f. Lee on Lady Macbeth.
was indeed treat to the Club.
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
Birthday Party.

Miss Vivian Wright enter
tanned crowd of her friends Sat
urday night with a birthday
party at the Landon hotel .
Games and dancing were enjoyed
rs were the delicious refreshments
served in the spacious dining hall
of the hotel, Each guest received
a bunch of vioIets rs Il souvenir
and all had a lovely time. The
little hostess was the recipient of
many pretty presents which will
cause her to remember this birth
day with pleasure for a long time.
Those present were; Miss
Vivian Wright, Messrs. and Mes
danes A, G. Wright, Hal f.
Brandt, j. G. Landon, Lewis
Knight, Mesdames Middleton,
Henderson, Foreman, Alexander,
Rose. Misses Eva Sherwood,
Fafa Mason, Kate Flanagan,
Mamie and Dorothy Rose, Mamie
Alves, Marguerite Middleton
Emmogene MADISON, frankie
Harris, Pauline Murrah, Gladys
Miles, Aleen Mays, Lila Mar
berry, Katherine Dowty, Bessie
Mathews, Dorothy Hyde, Louise
Siler, Nellie Killinger, Messrs,
Hal Brandt, Jr., Robert Rose,
Alex. Wright, Cedric Landon.
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
San Pareil Club.

One of the most enjoyable If
fairs of the season was the enter
tainment of the Sans Pareil Club
by Mrs. j, M. Skaggs last Friday
afternoon. The amiable hostess
carried out the color scheme, pink
and green, in very delightful
manner. Those who enjoyed
this pleasing entertainment in
cluded all the Club members and
several invited guests. They were
met IN the pretti(y decorated hall
by the hostess and her house
party. Fresh cut flowers adorn-
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
Hail Lumber Yard Incorporated.

Articles of Incorporation have
been filed at Austin for the B. b.
Hail Lumber Co. of this city with
B. B. Hail, f. h. Jackson and l..
f. Kuhne, as incorporators. The
capital stock of the new corpora
ton Is $40, 900 and the following
officers have been chosen: 4
President, B. B. Hail; Vice
President, f. r. Jackson; Score.
tary-Treasurer, l.. E. Kuhne.
The San Angelo press. (San Angelo, Tex.) 1897-1907, 1905-03-16
Box Social,

The ladies of the Woodmen
Circle will have IL box social to-
night at the Woodmen hall.
Everybody is invited. The social
is given for the benefit of he
piano fund and ladies are askes
to bring boxes containing enough
for two to eat. The entertain
ment will begin at s o'clock.