davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-12-17
1889.

October Term, AID. 19o5.-No. 8.
Edwin G. Shevlin, Appellant, vs.. Thorn
as H. Shevlin, Respondent Opinion:
The appellant and plaintiff. Edwin G;
Shevlin brought this action against
his brother, the defendant and respon-
void and to cancel a certain transfer Of
stock made by the plaintiff to the de-
PENDANT, and the contract executed in
connection with it. In Albany, n. Y,
defendant was born on Jan. 3, 1852;
plaintiff on June 8, 1857 When the
younger brother was or 8 wears OF
age he received severe injury to his
tent, influenced his subsequent devel-
opment and history. He became, how
ever, hearty boy On Jan. |, 1880,
defendant went into the j. employ of
S. E. Hall, as manager of his lumber
business at Muskegon, Mich. -Four
years later, plaintiff followed him and
went to work for the same lumber COM
pany. In 1885, defendant came to Min
neapolis and became general manager
Of the Hall & Ducey Lumber company;
plaintiff followed the year later and
was employed by the same concern. In'
1882, defendant married daughter Of
S. f. Hall; in 1895 plaintiff married
another daughter of the same person.
Plaintiff made his homo with his broth
active, energetic and successful sales
man. While he was on the road, he
was somewhat given to drinking, be-
came to some extent "sporty' and &C
cumulated nothing. Shortly after his
marriage, he kept house in Minneapo-
lis and maintained intimate and friend d
ly relations with his brother and his
brother family. His drinking in
creased; in 1896 he took the Keely cure
and refrained from drinking for about
year; in March. 1898, he took the
Keely cure second time. ....... -.
At the. time, of Edwin s marriage,
Thomas gave him as wedding pres
value of $4,000 in the J. Neils Lumber
company, organized in February, 1895.
In June, 1897, Thomas agreed to sell
to Edwin, who was then in the employ
of the Shevlin- Carpenter company,
seventy shares of STOCK in the J. H.
Neils company for $4,000 which the
court found to be worth over $4,000,
book value. and to take his note for
it. with interest at s per cent. In
1896, the st. H;laire Lumber company
was organized by experienced lumber
men. The capital stock was $4,000.
divided into 1000 shares; of these,
Thomas ShevliI took 700 shares; the
shares. and Hovey G. Clarke 100 shares.
This company bought ;A.some standing
timber and started anil at St. Hi
laire. Mimi In June, lS9S, Thomas
Shevlin and the Hicksons organized
!. the Crookston Lumber company, with
the capital stock of 100000. divided
into thousand shares. Of this, Thorn,
as Shevlin took $50 shares: the Hick-
sons 500 shares: Edwin G.. Shevlin 100
shares, and Hovey G. Clark 50 shares
i Edwin. to pay for his stock. gave his
note to Thomas for $4,000. with in.
terest at per cent. He was made
The Birmingham age-herald., 1905-02-05
NEGROES TO BUILD
 UP-TO-DATE CITY
INFORMANT MEETING IS HELD AT CLEAR LAKE AND EFFORTS WILL BE MADE TO INTEREST OTHERS IN THE TOWN.

Decatur, February 4-(Speeial) )-For some time past there has been consider able talk among the better class of ne- groes of the Decaturs and surrounding country relative to the organization of the negroes for political, educational and industrial purposes.
 The talk crystalized in a mass meeting held at Cedar Lake a few nights ago. Cedar Lake is an exclusively negro town about two miles south of here on the main line of the Louisville and Nashville rail- road This town was started about nine years ago and now has a postoffice, cot ton gin, brick yard, etc.
 Many prominent negroes were present at the meeting from New York; Philadel- phia, Atlanta and other places, who all addressed the meeting. The meeting was presided over by Charley Sykes of De- catur, who made a forceable talk before the meeting upon taking the chair. Among other things he said: Get away from the idea that colored man has no rights in the south. The south is the only place where a colored man has any rights. If he will get down to work and acquire property and live decent, honest life the white people will respect him for what he has done for himself, not what people that did not know him would say"
 He gave several examples of negroes who had been brought up in slavery near the Decaturs and showed what these ne- groes had accumulated and what they had made of themselves. He said that what had been done by these negroes could be done by others.
 It was decided that an industrial com pany would be organized for the purpose of buying land and building homes and factories. They will soon publish a book giving the history of Cedar Lake for tho purpose of attracting the attention of ne- groes from other places to Cedar Lake. They are making arrangements to build a training school at Cedar Lake for ne- groes In May they will hold farmers congress and sometime in October they will hold a fair.
 Later on the negroes of this section ex- pect to organize political party of their own, it is said, similar to the one which las been organized in some of the states north.
 Some of the wealthiest negroes in the country are now interested in Cedar Lake and they say that they expect to make of it a model negro town; build cotton factories and tobacco factories etc. Cedar Lake Is in the heart of the cotton sec ton of North Alabama, and it has been demonstrated also that good grade or tobacco can be grown here.
The Birmingham age-herald., 1905-02-05
DAUGHTER BURNS
 FATHER FREEZES
Little Ruth condon is Severely In. jured By Fiamess-Dress Caught
 From Crate.

Gadsden, February 4.-(Speclal )-Ruth, the 7-year-od daughter of Mrs. Tate Con- don, was severely burned this afternoon by her clothing being ignited from the fire place. She was at the home of man named Jeffres and standing near the fire with her back turned when her dress caught. She ran out of the house to her mothers nearby with the dress in flames and fell at the door exhausted.
 Her dress was pulled off her but not before her body was burned from her legs to her head and the flesh hanging in pieces. Her mother wrapped her up in piece of carpeting and brought her to town where she was given medical at tention. Her burns will not result se- riously unless pneumonia sets in from ex- posture. Her father was found frozen nearly to death the same afternoon in a buggy in the rear of Chestnut street saloon He was frozen stiff and the spark of life was almost gone when he was found by the police. He was taken to jail and revived and may recover.
The Birmingham age-herald., 1905-02-05
JANUARY WAS A
 RECORD BREAKER
TAX COLLECTORS OFFICE AT ENSLEY HAS BEEN IN A RUSH AND COLLECTIONS AMOUNTED TO $15,926.19.

Ensley, February -(Special')-The month of January was a record breaking one with the tax collectors office, there being more money collected during that month than in any previous month in the history of Ensley. During January City Treasurer and Tax Collector Fonville col Iected $15,92619 for licenses and taxes.
 Of this amount $139OO were collected for licenses alone, which is considered a remarkable record for one months collec- tions Of this sum, according to the law, $G0OO will be appropriated to Ensley's pub lie schools
 The books of the city treasurer also show that the city not only is out of debt but has considerable cash on hand. All accounts, bills and notes of the city have been paid, the city treasurer today pay fig the monthly payroll for January ih full.
 As a whole the financial condition of the city is more gratifying than 1t has ever been. which speaks highly for the administration of the city's affairs by the present city officials
The Birmingham age-herald., 1905-02-05
Marriage Is Amour sed.

Tuscaloosa February 4.-(Special)- Rev. and Mrs R. B. McCalpine announce the marriage of their daughter, Laura Cralgg, to MT Frances Benjamin Free man, February 15, 1905, at o'clock al the First Presbyterian church, Tuscaloosa. The above announcement will be read with great deal of interest by a large circle of friends of this charming young woman all over the state. She Is the daughter of one of Alabama's most dis t.nguished divines and is a young woman of unusual beauty and charm. She has lived in Tuscaloosa from her earliest childhood, with the exception of the last two years which have been spent in Gadsden and Selma Mir. Freeman is young man of unusual popularity and integrity, and is to be congratulated upon His selection
The Birmingham age-herald., 1905-02-05
Walden Nominated For Mayor.

Uniontown February 4.-(Special )-The municipal primary held today for the nomination of Mayor, marshall six all dermen and five executive committeeman passed off quietly and resulted in the re- election of the following: Mayor William J, Walden, Marshal ". Bogtetree Alder men l.. J. Poke, L. A. Morgan, J. S. Kennedy, R. H. Ware, J. N Mclean and w. H. Togloe. Executive committee. J. Edgar Ware, J. H. Bradford J. D. Cro- mer, A. l.. Morgan, M NJ. Kelley. They are all watchful of the city's interests which will no doubt prosper under their management.
The Birmingham age-herald., 1905-02-05
City Court of Birmingham.

FIRST DIVISION-Judge Senn presid- ing:
 Mrs. Julia T. Raney who was granted an absolute divorce from her husband January 31, was, by decree issued yes- terday, given the custody of her two minor children.
 A motion for new trial in the case of D. H. Reddle against the McLester- Van Hoose Grocery company was, after argument taken under advisement
 These are the jury veniries for the week beginning February 6:
 Charles Vetch, J. C. Leitch, J. M Wal ton, W. s. Cooper, Maurice Berk, s. R. Hanley, D. II. WaddeIl, J. w. Wilson, J. Moore, James II. Brown, J. ". Reed, J. 5. Young. Frank Mcdonald, Joseph V Allen, Silbey P. King. R. F. Mattheney, J. '. Hall J. A. 3eod J. C. McKensie, John A. Sparrow, John w. Braziel E. W. Finch, J. J. Vann. K. l.. Crowder W. q. Day, T. G. Sell. J. D. Payne, A. L. Abortion, c. D. Ellis, l.. B. Shelton, s. S. Smith, j. M Greene, John Mentel, R. S. Wade, Joseph Hibb, R. S. Ruter.
 Week of February 13.-J R. Lawson, D. VI. ming, Robert Neal, II. w. Talks, j. C. Robb, NJ. c. Parks, Fred w. Brown, P. J. McGeever, l.. l.. Little, P. D. Whatley, Bud Fuqua, F. D. Bates, w. J. Yielding, J. B. Francis, B. A. Adams, w. C. Par sons, E. W. Wilson, D. w East, " B.. C. Vermillion, B. Montgomery, l.. L.. Epps, ". T. Perry, c. P. Partin, John Brown, l. M. Pool, J. H. Leonard, George M Crukshank. J. M. Murphy, w. L.. Kelly, S. P. Luckett c. H. Munger, E. A. Smith, L. P. Vines, R. E. Johnson, W. R. Fowler.
 SECOND DIvIsION-Judge Ferguson presiding.
 Chancery matters and motions were | heard yesterday.
 Joseph Fromel filed a suit for looOo
 for alleged personal injuries against the
 Central of Georgia railway. Joseph
 Fromel, Jr., filed a suit against the same company for $I999 for alleged personal in- juries.
 Adolph Damn Peterson filed suit against William Gussen and Edna Gockel Gus sen for $60O0, alleging breach of contract Judge Dan A. Greene presiding. Motion for a new trial in the case of Dick Morrow, convicted of murder was l oyerrned Notice of appeal was given.
 Morrow was sentenced to serve a term of | life Imprisonment in the state peniten- | tary
 | Capital cases will be tried next week in | the first division, where Judge Weaver will preside. Judge Greene will preside in
 the second division. | Judge A. A. Coleman presiding.
 The case of Musgrove Bros. against the l Walker County Coal and Mineral Land
 company was continued till next Satur- | day
 Here is the jury venire for the circuit court:
 | F. l.. Walburn, J. D. Truss, Jr, F. NJ Montgomery F J. McDanal, J. R Mill Ter, John Sparrow, l.. w. Shirk, R. A. l Posey, John House, w. J. Hacombe George w. Hix, T. B. Tanner, F. L. Hoy, | J D. Hanlin, Isaac Gingold, Wallace NJ Peterson, r. H. Vines J. " Norris, L. H.
 Blackburn. L. II. shuttleworth, T. L. Par
 sons, J. s. Jenkins, w. H. Wood, J. J.. l Alexander, H. L. Adams, E. & Bliss,
 l.. A Beck. c. w. Keith, A. l.. Wheeler. | w. H. Rayford, R. F. Stewart, J. F. Kerrigan, H. M. Robertson, Robert L. | Green.
The Birmingham age-herald., 1905-02-05
Leader Williams Defines Demo
 cratic Attitude
MR. ADAMS IS A BACHELOR
Ard Wants Whipoing PJ7t For Nife Eeaters-Mo Mon.eomery Deleea. ton Calls at White /
 House.

Washington, Febraury 4.-(special)- Representative John Sharpe Williams. the minority House leader tonight stated the attitude the democrats will assume to- wards the republican caucus bill He said:
 We will endeavor to defeat the rule against the amendment of the bill, and we will point out that republicans who vote to the contrary vote to destroy the effectiveness of the measure. We wish especially to amend section IA, which pre- vents pro-forma decrees and injunetions on affdavits and exparte hearings to sus- pend the application of the rate which has been fixed by the interstate commerce commission. We will also endeavor to amend this section so as to incorporate President Roosevelts suggestion with re ference to labor by injunctions. Our proposed amendment will prevent injunc- tions being issued until all parties have been notified and a full hearing had. Without this provision the measure would be ineffective and section II would stand as the Railway Joker of the bill.p
The Birmingham age-herald., 1905-02-05
Hosiery Manufacturers to Organize.

Charlotte, N. C., Feoruary 4.--Manufac- turers of hoisery or soft cotton yarns in North Carolina, South Carolina, Georgia, Tennessee and Alabama, said to repre- sent more than a majority Of the south ern spindles so engaged, met here today and formed the Southern Soft Yarn spinners' association. the principle busi- ness of which will be the enforcement of contracts between spinners and the com mission houses or kntters for the purchase of yarns To this end it was provided that each mill joining the association shall sign an agreement.
The Birmingham age-herald., 1905-02-05
To Form Truckers Association.

Tuscaloosa, February 4.-(Special)- "A number of Tuscaloosa's citizens are arranging to form a truckers associa- tion in this county. For tho present their time will be devoted to the raising of peas and beans, which will be shipped to the northern markets. A committee consisting of J. D. Foster, William Shep- herd and Henry Burns have just re- turned from Cuba where they went to make thorough investigation along this line. NJ. T. Murphy, secretary of the Truckers association of Eutaw, is in the city today in the interest of the forming of this new enterprise.
The Birmingham age-herald., 1905-02-05
Shooting in CuIIman.

Culman February f,-(Special)-Gity Marshal Bill Schneider shot John Moader this afternoon in Frank Arndts saloon. Schneider was attempting to arrest Mon- der and it is said that Mouder resisted and drew his knife on the officer Others say he had his knife in his hand at the time Schneider came up and made no move with it toward Schneider. There are many conflicting stories. Schneider shot him in the breast near the center. Moudef is living at this time. but 1t Is believed he will die He is married man about 20 years of age and has one or two chil- dren He lives about one mile from town and is a farmer.
The Birmingham age-herald., 1905-02-05
Provides for Maintaining Schools.

Washington, February 1.-The House committee on insular affairs to- day authorized a favorable report on the bill providing for the setting aside of twenty-five per cent of the proceeds of all public land sales hereafter made in the Philippines for the purchase of sites of construction and maintenance of primary and industrial schools, and an additional five per cent for higher education in the islands. It is provided that this measure shall not apply to the proceeds from the sale of friar lands.
The Birmingham age-herald., 1905-02-05
NEW YORK DRUMMER
 GOES SNIPE HUNTING
Gadsden Jokers Carry Man Out and Leave Him in the Country
 All Night.

Gadsden, February 4-(Special. )-Some of Gadsden's professional jokers and all- round sports played a great joke on a fresh New York drummer last night when they took him 'snipe hunting" Great preparations were made for the hunt and the drummer was carried out to the negro cemetery and placed at a convenient place to catch the snipes and the guides left to drive in the snipes, but of course, came on to town
 About o'clock in the morning as the drummer had not shown up a hack was sent out to the cemetery and he was found there holding the bag and waiting for the snipes.
The Birmingham age-herald., 1905-02-05
To Hold Annual Debate.

Gadsden, February 4.-(Special)-The two literary societies of the Seventh Dis will hold their regular council debate on the 23rd of February, and the subject will be: Resolved, That ambition con tains more of virtue than of voice." The affirmative side will be taken care of by Miss Ethel Sims and John Miller of the Henry Grady society. while the nega- tive will be taken by the Victoria society in the person of Miss Kate rowIer and Walker Fowler.
The Birmingham age-herald., 1905-02-05
Appointement Expected This Week.

The report obtains in republican circles that the appointment of the Ensley post master will be announced during the com ing week for a certainty.
 During the past three or four days the republicans and other citizens of this city have taken up the matter with the postoffice department, and it is stated that they have been given every assur- anee that postmaster would be appoint ed in the next few days.
 It has been nearly two months now since the term of the former postmaster expired. and for some reason the depart- ment has been holding the matter up. As the business men have interested them selves in the matter it is expected that the name of the postmaster will shortly be announo
The Birmingham age-herald., 1905-02-05
Montaomery Negro FIeeeed.

''1ts my first trip to Washington, and l think l will not come back, William Carr, an Alabama negro who said he was from Montgomery, told the police that today. Carr had been working in Boston and saved $32O in addition to brand new suit of clothes. He got off at the depot here, lappod up a few drinks with a stranger and complained of a headache, the stranger offered q small white powder of cocaine, he took it and woke up this morning not only without his money, but with new suit replaced with a pair of old oEeralla.
The Birmingham age-herald., 1905-02-05
WEEKLY AVERAGES
 OF CLEARING HOUSE
OFFICIAL BANK STATEMENT SHOWS NOTABLE LOSS OF CASH DUE TO THE BIG GOLD Sr PMENTS TO PARIS.

New York, February 1.-The statement of averages of the clearing house banks of this city for the week shows
 Loans SLIPS, OS6S00; increase $l244S,GOO
 Deposits $l 196 9SO, 3OO increase $715l 100.
 Circulation $i2 s9S, 7OO increase $16,5OO
 Legal tender $91773,50O decrease $l,19S,- 900.
 Specie s221 313500; decrease Sb21,70O
 Reserve $S19 1000; decrease $5slo,70O
 Reserve required $299 2l5,015; increase $l, 7S7 925.
 Surplus s19sil ,925; decrease Sl1S1625.
 Ex. U. s. deposits $25,0S6500; decrease q, 135, ,150.
 New York, February 1.-The Financier says this week:
 The official statement of the New York Associated banks last week reflected as was estimated from the traeeable of money during the week an important loss of cash chiefly as the result of the ex- ports of gold to Paris The estimated loss was $5. 479. 800, which sum closely cor respond with that reported in the bank statement this amount being $5, 459, 700. Discrepancies between the estimated and the actual movements of cash in previous weeks were, however, not corrected.
 Though the loss through gold exports to Europe in the last week was F 2,0OO0OO' including a shipment of three million on the previous security, the averages of these shipments made total of seven and one-third millions, gold which were exported to Cuba on Saturday, therefore. the statement was made on declining averages for cash. It may be noted that the decrease of cash shown by the bank statement more than offset the gain to the banks through the inter-bank movement 90 oDp rop fha tNnx mo through the banks to the treasury or S3. 337. GOO on account of Central Pacific no4e. offset what otherwise would have been gain to these institutions on the sub-treasury operations, therefore the eX- traordinary disbursements by the banks on account of gold exports, and the Cen tral Pacific note were responsible Tor the weeks loss of cash.
 Loans increased SIP. .44S 800 during the week and probably this gain was large lv due to operations incident to the sale of seventy-five million Southern Pacific refunding bonds, which was effected on Friday The deposits showed an increase of $7.151 700. and there was resulting ln- crease of $1, 7S7,925 in reserve requirements adding to which the sum of the loss or the cash made a decrease of S,lS7 625 in the surplus reserve to $l9,Sf,R5 Compu- ted upon the basis of deposits less those of S20,9S3O0 public funds, the surplus IS $24, ,OS6 50O The statement showed a good balance, the sum of the gain in loans less the loss of cash being only S57,SOO below the increase in deposits The daily aver age of bank clearings during the week were S425O00 900 against S26S,O0OOOO in the previous week. the elearings on Saturday ref1ecting Fridays business were $3OS 6Sl, = 494. Comparisons of loans show that nine banks expanded this item ly Il 2-s millions net; eight banks lost 2-5 millions net 1 cash
The Birmingham age-herald., 1905-02-05
Fight in Shoe Shop.

general fight took place this after noon in Joe Dumalia's shoe shop on Av- onue E, between Eighteenth and Nine teenth streets. in which Dulmalia was severely cut on the back. The fight, in which two Greeks and four negroes were engaged, began ever one of the negroes beng accused of stealing a pair of shoes. All the negroes were arrested and are con fined in jail.
 Felix Bird, one of the negroes, is sup posed to have done the cutting.
The Birmingham age-herald., 1905-02-05
Lewis Is Confirmed.

Washington, February 4-The Senate today confirmed the following nomina- tions:
 George F. Anderson, Illinois, consul at Annoy, China.
 Postmasters:
 Alabama-George R. Lewis, Bessemer. Texas-Layfayette, Sharp A, Augustine; John c, Mcbride, Woodville
The Birmingham age-herald., 1905-02-05
Montgomery Delegation Calls.

A delegation of citizens of Montgomery, Alabama. headed by Senator Pettus, of Alabama, and Hilary A. Herbert. eormer Secretary of the Navy called on the President today and extended to him a cordial invitation to visit Montgomery, when he should make hls trip through the south. President Roosevelt assured his callers that it would afford him pleas ure to accept the invitation provided he could make arrangements to do so, al- though at this time he could give them no definite assurances.
The Birmingham age-herald., 1905-02-05
Want oorky Released From Prison.

Paris, February 4-The imprisonment at St. Petersburg of Maxim Gorky, as a result of the part which he took in the reform movement in Russia, creates an impression in French literary circles, which are signing a petition for his re- lease. Among the signatories are Nm. Rodin, Anatole France, Juares. Charpen- tier, Clartie, Marcel Provost, Ludovic Halevy and Claude Monet.
The Birmingham age-herald., 1905-02-05
THE LEGAL RECORD.

filed articles of incorporation in the of flee of the probate judge today The cap- ital stock is placed at $6O0O, divided into sixty shares of s10v each The domicile is fixed at Birmingham and the following are named as officers and directors J. M Haran, president and treasurer; Cliff ford c. Cole, secretary and manager, and Ella A Haran
The Birmingham age-herald., 1905-02-05
Drawbacks From Duties.

Washington, February 4-Secretary Shaw sent to the Senate today informa- tion called for as to the amount allowed as drawbacks of customs duties since June 30, 1900. The figures are as follows. In 1901. s5,2155O2; 1902 s49476 6G2; 1903, 5O5S. s62, and 1904, s4So9. sos making an agsre- gate for the four years of S20 sos, ,S35.