davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-10-24

AUSTIN. ct al. V. JONES.
 Bill to Declare Conveyance Void.--(De- cided April 2S. 1906. Al So. Rep, 1. Estoppel; equitable estoppel; ac- quiescence in acts of others.-A widow, without authority of daughter, who | owned half interest in the land sub-
 ject to the widows dover. fraudulent
 ly procured a judicial sale of the land, for the consideration of a house and lot. The bill was filed and decree rendered during the daughters minor | ity, but the sale not made until she | attained her majority. and for sev- | eral years after the sale she reside
 with her mother in the house obtained
 at the sale. and seven years after the
 sale she filed her bull to have it set | aside. Held, that in the absence of a showing that the daughter knew at l the time she w.;ht intt the occupancy | of the house that there was q moIt- gage on it rendering the consideration I inadequate, or that she knew that one acting for her as guardian had joined | in a conveyance of the land. or that | she had knowledge that the land she | had an interest in had been conveyed | to a third person and of the fact that he had made valuable improvements on 1t, or that the purchaser at judi cial sale relied upon her silence and l occupancy of the house, she was not | estopped.
 ?. Judicial sale; setting aside; re- | turn of consideration.-In order for | complainant to have Judicial sale
 set aside as fraudulent as to her. 1t
 was not necessary for her to return | or offer to return any of the consid-
 eration, where 1t appeared that she did
 not receivs anything of substantial | value. l Appeal from Morgan Chancery Court
 Heard before Hon. w. H. Simpson. | Affirmed. Opinion by Dowdell. J. l Harason, Anderson and Denson. JJ., I
The Montgomery advertiser., 1906-10-24
BRADFORD V. THE STATE.
 Grand O roonv


 Grand Larceny.
 1. Criminal law; evidence; rea gestae; other offenses part of same transaction.-The defendant being in. dicted for the larceny of a locket, il was competent to show that defendant was in prosecutrix room and remained there while prosecutrix was out, a' l that on her return defendant was gon and prosecutrix's pocketbook con.air ing the locket and some money, missing, it all being part of the sai transaction. 2. Same; subsequent incriminati circumstances; intent to escape was proper to admit in evidence tn portion of defendants letter to mother, in which he said. in effect, tn they intended to send him to the pen tentiary, but it would not be done, he intended to break jail. as affordin1 an inference that 1t was inspired by consciousness of guilt.
 Appeal from Montgomery City Court. Heard before Hon. w. H. Thomas. Affirmed. Opinion by Tyson, J. Weakley, c. J., Simpson and Ander- sen, JJ. concur.
The Montgomery advertiser., 1906-10-24
Head Notes Qf the Decisions
 Of Alabama Supreme Court

Mandamus will not lie to compel the discharge of duties imposed by statute which has been repealed.
 2. Appeal; Moot case; dismissaI.- Where a case becomes a moot one pending an appeal, the appeal will be dismissed.
 Appeal from Shelby Circuit Court.
 Heard before Hon. John Pelham.
 Appeal dismissed opinion by Ty. son, J.
 Weakley. c. J., Simpson and Ander- son, JJ., concur
The Montgomery advertiser., 1906-10-24

MARKHAM EFT AL V. WALLACE. Bill to Enjoln Ejectment, and to De-
 clare an instrument an Equitable
 Mortgage-(Decioed iIay 19, 1906.
 Al So. Rep. 304)
 Mortgage; equitable lines; safe under execution; priorities.-An unmarried man executed to his creditor an instru- ment, in form a mortgage. unacknowl- edged and unattested, to secure re- cited indebtedness the instrument con. tained apt words of conveyance and was recorded. Held. such an instru- ment was an equitable mortgage en- forceable in a court of equity against subsequent purchasers Of the mortga- gor with notice of the equity.
 Appeal from Lawrence Chancery Court.
 Heard before Hon. w. H. Simpson. Affirmed. Opinion by Haralson. J.
 Weakley. c. J., Dowdell and Simpson. JJ., concur.
The Montgomery advertiser., 1906-10-24

property.-where the justice of the peace instructed the constable as to his duties to sell property levied on, the Justice is not liable for the wrong full sale unless the constable was in fiuenced by the instructions to make the sale.
 6. Sheriffs and constables; liability; sale of exempt property.-Where the propc-ty levied on was the property Of the hintif, and was sold after the filing. but before the trial, on an ex- emption claim interposed by plaintiff defendant in execution). this was a conversion of the property by the of- ficer and all others who aided. assist ed or encouraged him in making the sale.
 '. Execution; wrongful levy; acts constituting.-Persons authorizing an officer to make a wrongful levy. but having nothing to do with the levy or seizure, are not liable as trespass- CTS.
 8. Trover and conversion; acts con- stituting.-Persons who participate in the sale of property wrongfully levied on are guilty of conversion, though not liable as trespassers
 Appeal from Marshall Circuit Court
 Heard before Hon. w. w. Haralson.
 Reversed and remanded Opinion, by
 Haraison, Dowdell and Denson. JJ. concur.
 POSEY vs. GAMBLE, EFT AL. Trover.-(Decided May Stn, 1906. Al
 So. Rep. 416).
 i. Judgment; res judicata. .-Where two defendants in an action of tro- yer file a plea jointly of not guilty, and special replication is filed to the plea alleging a Judgment against one of them (naming him) in a former action involving the title to the prop. erty in suit, such judgment Is res ad- judicata as to the one, but does not affect the other defendant.
 3. Sales; property held adversely by another.-A sale of personal prop erty by one claiming 1t is void a. against one holding tt adversely at the time of the sale.
 :. Trover: damages. es.-The measure of damages in trover is the market value of the property at the time Of the conversion, and the jury may assess the highest market value shown between the time of conversion and the trial.
 Appeal from Tallapoosa Circuit Court.
 Heard before Hon. S. L. Brewer.
 Reversed and remanded. Opinion by Dowdell, J.
 Weakley. c. T., Haralson and Simp- son, JJ., concur.
The Montgomery advertiser., 1906-10-24
HERE IS ABSOLUTE PROOF

DOCTOR c. L. GATES. Hancock. Minn. writes NA little girl here had such a weak back caused by Rheumatism and Kidney Trouble that she could not stand on her feet. The moment they put her down on the floor she would scream with pains treated her with "6 DROPS" nd today she runs around as well and happy as can be. prescribe "5DROPS' for my patients and use 1t in my practice"
 DR. g. D. BLAND, Brewton, Ga, writes: "I had been . sufferer for . number of years with Lumbago and Rheumatism in my arms and leQs. and tried all the remedies that I could 9stfer from medical works. and also consulted with . number of the best physicians, but found nothing that gave the relief obtained from "5 DROPS." I shall prescribe 1t in my nrncfice for Rheumatism anu kindred diseases."
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-04-26
candidate

strength over any other candidate
that can be named for the Office.
Having noticed Mr. Berge's name
mentioned in connection with another
state Office, that of Attorney General,
by two or three democratic newspa-
pers recently, and having intimate
knowledge of Mr.. Berge's views on the
subject of his future candidacy, the
writer sought to obtain a statement
of Mr.. Berge himself, to prevent the
public from being misled upon the
subject, which would necessarily fol-
low if the suggestions of the papers
referred to were passed over unheed-
ed. But finding that Mr. Berge and
his family are absent from the city
for brief sojourn at Excelsior
Springs, Missouri, thus making it i'm
possible to receive a communication
from him in time for publication this
week, we have decided, in order that
the public may not be further misled
on the subject of his candidacy to
state what we know to be the facts.
We violate no confidence and betray
no secret in saying that we know it
to be Mr.. Berge's determination to
enter the race for the gubernatorial
nomination this year, and that under
no circumstances will he accept a
nomination for any other position.
Mr. Berge will return home early next
week, when, under the circumstances
the public may expect from him full
statement of his position.
Mr.. Berge feels just pride in the
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-04-26
6hs Nebraska Independent

against the railroads as 1t now exists.
1t is unfortunate that the attention
of the American people was taken
up by the San Francisco horror
at the time of its delivery SO
as to prevent its being more
fully reported to the country and re-
ceiving larger measure or attention
from the press. Under The circum-
stances the only means left to give
this great speech, the publicity that
it deserves is for individuals who are
interested, to send to the senator for
copy of the speech enclosing a sum
sufficient to at least cover the cost
thereof
We hope that every patriotic citi-
zen will send at least Is cents to
the Wisconsin senator for few
copies of the ablest defense of the
people of America against corporate
aggression that has yet been made
by anyone, inside or outside of con-
gress.
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-04-26
Ia FoLLETTE's SPEECH

The speech recently delivered in
the United States senate by Senator
La Toilette of Wisconsin, on the rate
bill, may truly be said to be the most
notable deliverance of any public man
OF the present generation. Mr.. La
Toilette did not limit himself to a
discussion to the points in disputs
over the pending bill, but branched
out into the broadcast consideration
OF the subject with which the bill
deals, and in so doing penetrated to
the core of the railroad question.
After discussing the question of
transportation in general, he asserted
that authority is vested in the govern
ment OF the United States to control
transportation, both as to the char
acter of the service, and the charge
for the service as an inherent right
of sovereignty, and that the obliga-
tion rests upon the government to
exercise the power. He asserted
that the adjudicated cases fully sus-
tains his contention quoting many au-
thorities to prove his position
He called attention to the fact that
while the opponents of the pending
measure described it as the drastic
and revolutionary. 1t was significant
that instead of basing their opposi-
ton to it on such grounds, their
chosen line of battle was to bubble
over constitutional question. He
secuted the contention of opponents
of the bill that 1t was an attempt
to extend the power of the govern
ment over interstate commerce, and
asserted that the bill contained moth
ing not included in, and inseparable
from, the power to regulate interstate
commerce.
He proclaimed his faith in the SUI
preme court of the United States
and declared that corporate interests
have little reason to expect aid or
comfort from that source, affirming
that while great interests have not
hesitated to corrupt legislation and
propose their attorneys for judicial
appointments, that the supreme court
was yet free from faint.
He ridiculed the subterfuge of the
opponents of the bill in setting up a
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-04-26
SUBSCRIPTION TERMS

Subscrlptions-Can be sent direct to
The Independent They can also be sent
Though newspapers which have adyer-
tised clubbing rate. or through local
agents, where sub-agents have been ap-
pointed All remittances should be sent
by postoffice money order, express order.
or by bank draft on New York or Chicago.
Change Of Address Subscribers re-
Questing a change of address must give
the OLD as well as the NEW address.
Advertising Rates furnished upon appca-
ton.
Sample Copies sent free to any address up
on application. Send for Sample Copies and
cub rates.
Address all communications. and make all
drafts, money orders etc. payable to
the INDEPENDENT,
Lincoln, Neb.
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-04-26
THE CANDIDACY OF Mr.. BEReE

Two years ago George w. Berge
was the candidate of the fusion forces
for governor of the state of Nebraska.
In the campaign of that year Mr..
Berge proved himself to be a candi-
date of rare qualities, man with
whom the people had only to come in
contact, to imbibe from him the ardor
and inspiration he threw into the fight
for the overthrow of railroad govern
ment in the state. All who attended
his meetings were persuaded that
every utterance that fell from his lips
was true and that he was sincere and
could be depended upon, if elected,
to defend the interests of the tax
payers of the state.
During thirty years of practical ex-
perience in political campaigns the
writer has never before observed such
general apathy on the part of the
voters as existed in the state of Ne
braska in 1904 The people had theirs
positively for Roosevelt were either
Indifferent or disheartened. The con-
ditions in Nebraska were n excep-
tions to the general rule throughout
the country. The press reports
Ch flO
only speaker that could draw large
audiences in any state of the union
that year.
The peculiar conditions that existed
in 1904, are here recalled for the pur-
pose of showing that Mr.. Berge in
spired enthusiasm and revived the
dropping hopes of the voters in a
remarkable.
The secret of Mr.. Berge's power
lies in two things, the first of which
is, being right, and the next in being
terribly in earnest The indignation
that DurnS IN every hber OF his be-
ing against the insufferable conditions
of railroad extortion and corruption
in our state becomes contagious
among his hearers when he makes a
public address, so much %, that he
is regarded by all who have heard
him as the embodiment of the peoples
cause against corporation government
and railroad extortion in the state
Letters have been pouring in to
The Independent Office in large num-
bers daily for more than two months,
coming from every section of the
state, in which the writer's express
their preference for Mr. Berge as the
candidate for governor this fall, and
giving estimates of his superior
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-04-26

to secure legislation that would at
ford opportunities for endless delays
of litigation and the defeat of JUS
tice, asserting that the railroads
should be satisfied with their consti-
tutional rights.
Mr.. La Toilette then reviewed the
interstate commerce law, and the
various recommendations to congress
made by the commission to strengthen
nineteen years, all Of which fell upon
deaf ears resulting in loss to the
dreds of millions. He characterized
the pending bill as merely an attempt
ent law, and as being entirely made
quate to meet the demands of the
people for justice, and offering no
solution of the great transportation
question. But, it being move in
the right direction he felt it his duty
to assist in making it as perfect as
possible, and to assist in it's passage
for what good it might be able to
accomplish. Mr.. La Toilette an
nounced that he would support the
Bailey amendment, and then proceeded
to urge the Importance of further
amending the bill and to explain an
amendment offered by himself. The
La Toilette amendment authorizes
the interstate commerce commission
to ascertain the value of the railroad
property of the United States in
order to afford them basis from
which to determine what would con-
stitute reasonable compensation for
the transportation of freight and pas
sengers. The Wisconsin senator as
serted that the railroads of the coun-
try are capitalized at sum in the
aggregate exceeding $13,00O,000, 900
while the actual investment does not
much exceed $5,000,000, 900. He takes
the ground that $7,OO0,OOO,0O0 and
over of water injected into railroad
securities are fraud and a swindle,
and that the American people are
under no obligations to recognize
them, and that the railroads collect
more than $40O,OO0,000 each year in
over-charges for the purpose of pay
ing interest and dividends upon fcti-
tious. capital.
Senator La Follettes amendment
goes to the very core of the railroad
question and the speech of the senator
in defense of the peoples side in the
great contest to preserve their lives
and property from being devoured by
corporate greed places him in the
front rank of American statesmen.
Senator La Follette's address
throughout was broad and compre-
hensive displaying the greatest ia
miliarity with every detail of the
subject. He combatted each and every
objection urged against rate regula-
ton with argument that was logical,
incisive and conclusive. But, the
distinguishing feature of his great adj
dress was his discussion Of what con-
stitutes just and reasonable rate.
While Senator Tillman and others
have alluded to the evils of over
capitalization no member of either
house of con ornSS ever hafnrn nre-
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-04-26
Club Offer

Any one of the following will be
sent with The Independent one year
for the club price:
All subscriptions begin with the cur.
rent number unless otherwise ordered.
Renewals received are entered for full
year beginning at expiration date.
DALI PAPERS
Regular With
Price Inde-
pendent
Omaha Daily News. 49,. $50 200
Kansas City World,
DAILY except Sunday. ZOO 1.75
WEEKLY PAPERS
Weekly Inter Ocean,. -. 90 Or
The Nebraska Farmer. 100 1o5
Ccmmoner .............$1. 90 SIPS
Cincinnati Enquirer ..... 100 t.35
Youths Companion. 80. 1.75 $50
Sunny South ............ so 1.o5
Harper's Weekly ........ 400 & os
The New York Tribune
Farmer ......... 100 In
The WorlI,
(Thrice Weekly ...... 100 1.35
Atlanta Constitution,
Thrice Weekly ...... 100 I'm
Harper's Bazaar ........ 100 1ss
World-HeraId,
Twice a week. ....... 100 az
American Granger BuIIe-
tin and Scientific Farm
er 100 Or
Kansas City Star rs m
Iowa State Register
and Farmer ........... so 4 IN
The Prairie Farmer. 100 Or
MONTHLY MAGAZINES
S. Louis Republic twice
week) and Farm Pro-
gress (monthIy) BOTH. LOO 4 "a
Referendum News. 900. so 1n
Ohio Liberty Bell. ..... so ~
Tomorrow Magazine. 49,. 100 as
Everybody's Magazine $50 . M
Cosmopolitan 49,. ...... 100 I or
Mr.. Berge's new book on "The Era.
Pass Bribery System" which sells rsn,
uIarly for $1.00 will be sent with ejthsr
of the above combinations, nostnsid
for the additional sum of so cents
THE INDEPENDENT.
.4.la s ia I'd -. Lincoln, Neb,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-09
Navy Orders.

Capt. j. P. Merreli. to the Naval War
College, Newport.
Capt. j. ]. Hunker. from the Naval War
College to the second naval district, New
port.
Lieut.. d. r. Pollock, from the Constella-
ton, Newport, to the works OF the Fore
River Shipbuilding Company, Quincy,
Mass
Lieut.. F. B. Upham, from inspection
duty at Quincy, Mass, to the New Jersey,
Lieut.. L. c. Palmer, from special duty
bureau of navigation. to special duty al
Madrid, Spain.
Pay inspector L. Hunt, to duty as COM
missary officer of the Maine
Paymaster T. s. O'Leary, from the Nor
folk navy yard and await orders.
Paymaster n. E. Biscoe, from the TEXAS
to the Norfolk navy yard
Faymaster w. T. Camp, to the st. Louis
Assistant Paymaster R. H Johnston
from the Maine to the Connecticut
Assistant Civil Engineer p j. Bean tn
the Rensselaer, Polytechnic Institute
Troy. N. T., for course of instruction in
civil engineering.
CARPENTER W. o'Neil, to the navy yard
Mare Island.
Warrant Machinist H. Desmond has
been placed on the retired list
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-09
INCREASE NOTED.
Report of Health Office as to Conta
pious Diseases.

Increases in three forms OF contagious
diseases In the District during the past
week are shown In the report OF the health
office for the seven days ended Saturday
which was issued this afternoon. Scarlet
fever, typhoid fever and smallpox claimed
a total of thirty-two victims during the
week. the changes noted in each instance
being as follows:
There were seventeen new cases OF scar
let fever reported and but two discharged
as recovered. which increases the tota
number in quarantine from twenty-five
cases at close OF last week to forty or
the present date.
Typhoid fever was increased by twelve
new cases, less four cases discharged dur
ing, the week Zone by death), making tota
OF fifty cases under treatment. During
the same week of 1905 there was but one
new case reported, and the week closed
with Only twenty-three cases under treat
ment.
Another outbreak of smallpox manifest
ed itself in three cases, increasing the num-
Der of patients confined at the hospital
to five"
The remainder of the report reads:
While the contagious disease recorj
shows anything but Improvement The
general mortality of the week shows q
gratifying Improvement over last week
record well as over the record of the
same week of 1905, viz: Ninety-fve deaths
as compared with 1873 last week and Il4
the same period of last year. Of these re-
cent deaths an Improvement Is noted In thz
number resulting from the following: Dis
eases of the nervous system, 8 deaths as
compared with 10 last week; respfra tory
system. II to 20; genito-urinary system !
to IA; deaths in infancy, 2 to 10. There
were deaths less from consumption than
last week; less from apoplexy; 8 less from
diarrheai diseases and malignant growths
each; less from pneumonia, and 8 less
from kidney diseases
The mortality this week was comprised
of So white and 81 colored decedents. which
represent the following death rates per 1,UOO
Inhabitants: White. 1919; colored, 100: all,
$40: compared with 1853. 3O.7 and l40 re-
spectively, last week. and 1916, % and 1913
during the same week of 1905
There were 100 births reported. of which
1G3 were white infants and q colored.
THE atmospheric conditions for the
week. reported by the weather bureau.
were: Mean temperature. 90: mean rela-
tive humidity, 10; mean actual barometer.
1915 The winds were southerly. ayerag-
ing FIVE miles an hour. and reached a max
iraCm of twenty-eight miles on 9Th in
slant. The maximum temperature was ".
on the Goth uitirno, and minimum AZ, on
the Goth ultimo.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-09
Csc. Jap nattings,
1 SC. yd.

We have but one roll of pattern
in these Mattings, and that's
why the price is I5c. a yd. in
stead of 25c. on Thursday.
About so rolls of Cotton-warp
Jap. Mattings in red, green
or blue colorings. Full 40 yds.
to the roll.
A chance to buy the Summer
Mattings that is exceptional.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-09

NINE. YALE'S BLOOD
T o MIC CLEANSES
the liver. blood and
Kidneys. Reg
uiar price. 81: 22r
our prlce........oSS
NINE. YALE'S DIGES-
TIVE TABLETS aid
digestion and cure In
digestion. r G gu ar
prices. soc. and
81: our prices, 22~
42c. and........O SSs
NINE. YALES LINZ
MENT cures muscu-
lar affections. such as
rheumatism. neuralgia,
sprains. etc. Regu-
lar price, Soc; 40
our price.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-09

lor, South Orange. New York;. F. Olive
Cuba R. F. Hoff, Union Springs. Ohio
Eliza B. Lockwood, Bedford: J. D. Car
penter. Lodi; C. A. Moodey, Painesville; j.
H Rabbits, Springfield Oregon-D l.
Moomaw, Baker City. Pennsylvania-D. W.
Morgan, Franklin; w. H. Davis, Pittsburg
Texas-W. NJ Maggie, Denison; G. W. Hill,
SaratoRa
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-09

NINE. YALE'S COM
PLExION BLEACH,
for cleansing the skin
of biemishes. Regular
price. 800: CD 81
our price. -.
NINE. YAI4E'S ELIXIR
OF BEAUTY makes
the skin naturally
white. Regular price,
81 90. Our Q3r
price. oU
NINE. YALE'S HAND
WHTTENER. Regular
price. $i-0o; 23c.
our price. OVSe
MME. YALES VIOLET
TALCUM POWDER.
Regular price. tEr
8c.; our price. aOS
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-09

NINE. YALES BIJTsH
OF YOUTH, for soft
ening the expression
1t tones the facial
nerves gives pliancy
to the muscles and
elasticity to the skin.
Regular ~
ous nr GOO; So.
MME. YALE.S COM
PL EXON SOAP.
Regular price. gNc
2cc.; our price. ~
NINE. YAI4NH Cont
PLExION POWDER.
Regular price. AOr
b0c.; our price. fSS.