davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-05-06
Head-Notes Of the Decisions
 @ Alabama Supreme Court

2. Insurance: variance in policy; premiums.--It is no offepse to note given tor premium on an insurance risk that the form of the policy is- sued was different from that contraet- ed for, 1t appearing that the policy was retained and no effort made, with in reasonable time. to ascertain that
 Appeal from Jefferson chancsry Court.
 Heard before Hon. A. IT. Benners.
 'Rehearing denied April 3. 1906.
 Affirmed. Opinion by Simpson, !.
 Tyson. Dowdell and Anderson. IL. concur.
 |. AND W. R. R. co. V PRESTON. Action for Damages for Death of Eu-
 ployee. Decided June 90. 1905.
 (4o So Rep. aS7.1
 l. Master and servant; servants in- turtles; con tributory negligence: prox- imate Although an employee violated the rule prohibiting hi9 go- ing between the cars while in motion, the master would not be relieved Of liability. if 1t appeared that the en- gineer in charge of train, knowing that plaintiffs intestate was between the cars, purposely increased the speed of the train.
 2. Same; jury question: neither the engineer in charge of defendants train was guilty of wantonness in in- creasing the speed of the train when he knew plaintiff's intestate. Q switch- man. was between the cars. is ouas- tion for the jury.
 Appeal from Morgan Circuit Court
 Heard before Hon. o. Kyle.
 sRehearing denied April 3. 1s0e.
 Affirmed. Opiaion by Tyson. T.
 All the justices con3ur.
The Montgomery advertiser., 1906-05-06

s-Minmum for 12 hours ending 8 am t-Received too late to be included in tha
 district averages.
The Montgomery advertiser., 1906-05-06
CREW EFT AL vs HEARD. Trespass for Taking a Mule.--(Decided February IT. 1soe.)-(4o So. Rep.

ITeSDabS TOT Ihkluk d udulo--N AScSluHQ
 February IT. 1soe.)-(4o So. Rep.
 1. Appeal; review: findings of the court-When a cause is tried by the court. a jury being waived. and no request is made for q Special fird- ing of the facts. and no special ftnd- ing is made. the conclusions of the trial court on the testimony will not ha reviewed by this court on appeal
 g. Justices of the peace; appeal; dis- missal; motion for.---The 1urisdiction of the justices of the peace to try a cause cannot properly be raised. on appeal to circuit court. by motion in that court to dismiss the cause; but should be raised by plea in the justice court
 8. Costs: judgment against one de- Administration 1881, Code lse6. has no application in q case where the ae- ton has abated as to two Nf the de- fendants, by the death of another dur ing It's pendency and no revivor is had against the personal representatives: and especially in the case at baA since appellant cannot complain. as having any right to have the judgment cor rected as to two others not appealing,
 Appeal from Clay Circuit Court
 Heard before Hon. John Pelham.
 Rehearing denied April 3. 1906.
 Affirmed. Opinion by Haralson. ].
 All the justices concur.
The Montgomery advertiser., 1906-05-06
Total. ".. ..." .'.".'.sS

The First National Bank is the designated Dspository of the State of Alahama and the To,yntv of Montgomery. while the Merchants 6 Planters Farley is the United States De- poBitiory.
The Montgomery advertiser., 1906-05-06
MILLER vs. THE STATE. Assault With Intent to Murder .-(Dt cided February IT. 1906. .)-(4o S

Assault With Intent to Murder Joe
 cided February IT. 1906. )-(40 So.
 Rep. s42.)
 l. Witnesses: examination; privi- lege.--The defendant. testifying as witness. stated on direct examination that he went Into the pit and got gun where his brother-in-law had left it; held, proper and nov violative of his constitutional protection against self discrimination. to permit the solicitor to ask him whore he got the pistol. on the cross.
 ?. Criminal law: assault with intent to kill: evidence: animus.---It is proper to admit evidence of declarations. or threats against perso nassaulted. made by defendant, after the last shot had been fired and after he had gone about 100 yards away. as tending to show defendants animus
 3, Criminal law; instructions; ress- enable doubt; self defense.--An in- struetion which requires the jury. If they have a reasonable doubt as to whether defendant acted in seif-de- fense. to give him the benefit of the doubt and acquit him. was properly refused, as emitting to define the ele- ments of self-defense.
 4. Same: same: clements of offense. Charges which instruct the jury that if they ind from the evidence that there was suficient provocation to ex- cite sudden passion. and that defendant acted under such passion. the presump- tion Is that passion disturbed the sway of reason. and made him regardless of his act. and they should not convict him of assault with intent to murder, were proper, and their refusal error.
 Appeal from Gadsden City Court.
 Heard before Hon. Johu H. Disque.
 Reversed and remanded. opinien by simpson. J.
 Haralson. Dowdell. Anderson and Denson, JJ.. concur.
The Montgomery advertiser., 1906-05-06

The Merchants and Planter-Farley Ma tionaI Bank was formed about two years ago when the Merchants and Planters and the Farley National Banks consolidated. The Merchants and Planters Bank was the consolidated bank resultant from a merger chants and Planters.
The Montgomery advertiser., 1906-05-06

I1O V. TA4AN1Gfxt tG At. Biii to Enjoin to Collection of Judg-
 ment. Decided Feb. 1, 1906. fto
 So. Rep. 33s.)
 1. Appeal: Transcript contents.-- Rules of practice of Supreme Court No. 2s and 30 require that answers to original bill, before amendment, and which was embodied In the same pa- per with the demurrer. and the an- swer to the amended bill and exhibits thereto. to be copied in the record, un- less the parties. or their attorneys. agree to their omission; and a motion to expunge them both from the record. in the absence of such agreement, will be overruled.
 2. Judgment; confession of.--when one signs a note in which Is enbod- led a power of attorney authorizing confession of judgment on failure to pay note at maturity, this is Q waiv- CT of notice. and judgment rendered Is accordance with the authority thus given Is as valid and binding as if rendered on regular service of pro- ceas. Fs
The Montgomery advertiser., 1906-05-06
THE wEArHER.
! |'||I|I|GI||.1| I
s%. s.% ......sI ;I ;; ..as;s Fs eissrHgw sragwsw

Maximum temperature for day. S5 deg. Minimum temperature for day, 62 deg. Average temperature for day, 74 deg. Normal temperature for day. 70 deg. Aver. relative humid. for day. IS per ct. Total rainfall since Jan. l. 2i.73 Inches.
 River Bulletin. sObservattons at . a.m.. 18th N. time.l
The Montgomery advertiser., 1906-05-06

PEOPLES SAVINGS BANK AND
 TRUST COMPANY V. LACEY. (Aetion for ney.)-(Decided Feb. IT,
 i906)--t4e So. Rep, 341.)
 1.-Banks and Banking; Payment of Check after Notice not to Pay.--In an action by a depositor against bank for money deposited. it is no defense that the bank has paid the money out upon depositor's check, when 1t appears that the bank. before payment. had no. tics not to pay the check referred to.
 2.--Same; Notice Not to Pay.--It is competent to show verbal notice to the bank not to pay a check. although ar hanks request notice not to pay was put in writing.
 Appeal from Birmingham City Court
 Heard before Hon. c. W. Ferguson.
 Affirmed. Opinion by Haralson. ].
 Dowdell. Simpson, Anderson and Dem son. I.J. concur,
The Montgomery advertiser., 1906-05-06
CoFER V. wILH1TE. ct al fDecided Feb. 1T, 19os.)--(4o So. Re

tDecided Feb. II, l9os.)--(Ao So. Rep.
 2lAl
 Appeal: Deerees Appealable; stat utes.--,A decree of the chancellor re- fuaing to allow an amendment to an original bill. and everything demur- rers and motion to strike cross bill. not being a final decree, nor such an inter- lccutory one as Is mentioned In section 427. Code 1s96. will not support an ap- peal.
 Appeal from Cullman Chancery Court.
 Heard before Hon. w H Simpson.
 Appeal dispissed. Opinion by Ander- son. J.
 Haralson. Dowdeli. Simpson and Dem son. JJ.. concur.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
Educating for a Profession.

Attention is called to the advertisement
of the Southern Dental College of At
lanta, Ga. running in this issue of the
Age-Herald. During recent years dentis-
try has become one of our foremost pro-
LESSONS. from point of scientific attain
ment as we'll as financial resource
1t may be of interest to some of our
readers to learn that the first dental
college. known to modern dentistry. was
organized In Baltimore, Md, in 1871. There
are now ffty-eght t5S) recognized dental
colleges in the United States alone.
An intelligent idea may be had of the
rapid development in dentistry, when II
is known that the time for graduation has
increased. during the past ten years,
from two years of Ave months each, TO
three years of seven months each-the
present curriculum.
We commend the Southern Dental Col
lege of Atlanta as one of the leading
dental colleges of the country. as Is evil
denced by the high standing Of Its grad
yates.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
Effects
Every
of the
Bod
''There IS no
better remedy iss
the y0yId titan
Pe.rw.nG for sys-
tentic cat0Yyh.
S. B. Hartman, NJ. D.

ais. They are from all parts of the
Western Hemisphere. They fairly rep
resent the sincere and unbiased testimo-
ny of the people.
Catarrh of Stomach.
Mr.. W. R. Callahan, proprietor of Big
Hill Farm, and a prominent fruit grow
Ell and stock raiser. Glenvar, Va, writesi
Il write to express my kindness to-
ward you and your good medicine, Pc
runa.
Il had very bad spell of sickness
and could not eat anything at all.
MY head. stomach, in fact, my whole
body ached, and it looked as though.
nothing would do me any good.
Il had almost given up. I decided to
try a bottle of your Peruna and before
l had taken half the bottle my appetite
came to me and my head became all
right.
In fact I was all right all over. Pc
runa cured me-
Liver and Kidneys.
Mr.. Joseph Kle, 215 E. 4th street, Topeka,
Kas., writes:
MY wife took Peruna for liver trouble
and a rundown condition incident to the
same. A few bottles built up her health
and strength.
II took Peruna for cold which set
tied in my kidneys, giving me much
pain. In two weeks was much better
and in few. months I was WE'LL
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
BATTALION DRILL
HAS BEEN ORDERED
1T WILL BE HELD WEDNESDAY
NlGHT-COMPANl OF FIRST
BATTALION ARE ORDERED TO
REPORT AT THE ARMORY.

The first battalion, Third Regiment, A.
N. G., has been ordered to report at the
armory in the city hall Wednesday night
for battalion drill preparatory to going
into eneampment at Mobile.
orders were issued yesterday by the
company commanders ordering the men to
report at the various armorles for drill
Wednesday night. 81.
The battalion order was issued as fol-
lows:
Headquarters First Battalion, Third In
fantry, A N. G.
Companies A. @ and X are ordered to
report at city hall Wednesday, June 20,
for battalion drill
BY order c. L. Ledbetter Major
Capt. Lucien c. Brown has issued the
following order to the Birmingham
Rifles:
"Armory Birmingham Rifles June H.
1906
Members of Company X. Third In
fantry, A. N G., are hereby ordered to
report at armory wednesday. June 20, at
8 p. M, for battalion drill.
BY order of Lucien c. Brown, captain
CIVILIAN HAY,
First Sergeant"
The Third regiment will go into camp
In Mobile this year where place has
been arranged near the Shell road.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
BUILDING AND LOAN
offers a Perfectly Safe 6 Per Cent
Investment.

The jefferson County Building and Loan
association announces a change in it's Of
ficers, MI Fred NJ. Jackson. becoming
president and Mr.. f. w. Dixon, vice
president. The directory remains the
same. IS
The active management of the associa-
ton will hereafter be In the hands of
Mr. Jackson, who was until the recent
change. ats vice president. He therefore
brings to the infringement long familiar
ity with.'the building and loan business.
Having sold his large coal mining in
terests Mr.. Jackson has had almost year
in which to Look around him, and has
selected the Jefferson County Building
and Loan association as the most In
viting field In this great district for his
energies land bis capital. He Is by far
the largest single stakeholder in the as
sociation. thus showing his own confidence
in the soundness Of investments based on
the building of houses by the people.
The Jefferson County Building and Loan
association offers to the public the only
method by which money can be invested
at per cent, readily convertible into
cash. Money invested in its stock pays 6
per cent against per cent by any other
savings Investment offering, and fourteen
wears experience demonstrates the safety
and soundness of the plan. The assets OF
the association are now over a quarter
of A. million dolldfs of which about $50
900 is in undivided profits and guarantee
fund. ,.-.la-,. -tf-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
Catalogue From Auburn Tech.

We are in receipt of the catalogue of the
Alabama Polytechnic institute for the year
1906 1906, which shows a continued growth
in the prosperity of the college The
enrolment for the present year is $50. the
largest in its history. The attendance rep
resents nine states and three foreign
countries. Nicaragua, Cuba British Hon
duras; seventy eght being enrolled from
other states than Alabama. OF the sixty
six counties in the state sixty-two have
been represented. Among the largest dele
cations are the following: Jefferson 70;
Lee, 70; Montgomery, "a; Calhoun, 2l;
Marengo, 20; Mobile. 49, Wilcox, 16; Tai
ladega, 10; Tallapoosa IA; Dallas, IL; Nor
gan, 10; Greene, I; Coosa, Z; Etowah, g.
The increase during the last four years
has been IFS students, or about 43 per cent
BY classes the attendance is as follows
Graduates, % seniors, 81; juniors, 100;
sophomore, 119; freshmen, 100, etc. The
attendance In the different departments
are as follows: Electrical engineering. Sc;
mechanical engineering, 3d. civil engin-
eering, 33: mining engineering, 81; agricul-
ture,5 Ioz, noltltttittAet 10 potoliS, W. wv
Urinary science. rs; pharmacy, 81 chemis-
try. 232; English, sos; mathematics. 800.
Marked improvement is indicated in the
library and lecture rooms. Valuable ad-
ditions are also noted in the department
of mining engineering, mechanical engin-
eering. civil engineering and electrical en-
cheering. The department of pharmacy
shows an increase over last year of %
per cent Altogether the last has been the
most prosperous year in the history Of
| the institution.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
EXECUTIVE BOARD
IN SECRET SESSION
MEETING HELD YESTERDAY IN
DISTRICT PRESIDENT FLYNN'S
oFFIcE-JoINT CONFERENCE OF
MINERS AND OPERATORS.

The executive board of District No. 20,
limited Mine Workers of America, held
an executive meeting In the office of
President Ed Flynn in the ChallfouX
building yesterday morning at IL O'Clock
The following members were in attend
ance: National Board Members w. X.
FARLEY, District President Ed Flynn, VICE
president b. l.. Greer, negro; secretary
Treasurer ]. L. Clemo, George Barbour
pratt City; James Savage, Warrior; D.
n. Fowler. Belle Ellen; Joseph Wall
work, Blocton; T. M. Gilbert, Pratt CITY,;
William Clark, a negro, Hargrove; Ike
Chambers, a negro, AdamsVllle, ana n. o.
Ptingle, a negro Johns.
The subject of their deliberations was
not given out by the officers, but re-
port of their proceedings Will propaply
he made public this week. Among the
matters that came up. however, were a
u,,,mher of questions that were referred
from the reports of different committees
TO the board during the sessions oil the
convention last week.
The Joint conference of the miners ana
operators will begin tomorrow morning
at II o'clock in Gelders hall. 1t Is not
know at present how many of the oper-
ators will be in attendance, but 1t Is
stated that r. G. Bush, president OF the
Alabama Consolidated Coal and Iron COM
many will be on hand 1t is regarded as
certain that his company will sign the
scale for another year. The new wage
scale that was prepared last week Will
be submitted to the operators at this
,onfaranpa
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
ALABAMA SCHOOLS WILL
NEVER BE CONSOLIDATED

Montgomery, June Especial 1.-The
failure of the school interests of the two
Alabama conferences of the Methodist
church., south, to get together on an
agreement for consolidation means a loss
to Birmingham and to Montgomery 1t
was intended that the Southern university
at Greensboro was to merge with the
Owenton college at Birmingham, and the
Athens Female college at Athens. to
lend its influence in every way, as well as
closing out, to the Alabama Conference
Female college, now at Tuskegee, and
that this was to be moved to Montgom-
cry The estate of a very rich man had
set aside $4,000 to be given to the Female
college here so soon as a like amount
had been raised by the trustees.
The real facts are. however. that few
hoped that there would be any consolida-
ton of the schools. 1t has been tried
for years and there is no further advance
ment towards it now than long time
ago. North Alabama does not care to
come to Montgomery to educate its girls
and the friends of the Southern universi-
w, now one OIL the DtSl hllDWu SNllOOiS VI
the south, combatted the idea of going to
Birmingham or anywhere else The build
ing of Owenton school resulted in feel
ing on the part of some that the Southern
university was to be closed up and they
began then TO foster sentiment against
it that has never lost any ground.
Only few know that the conferees APP
pointed to discuss the matter were here
yesterday They were DR.. A. j. Lamar
Nashville. one of the book agents of the
publishing house; j. S. Frazier of the Mo-
lille district, W. F. Vandiver of Montsom-
erv. for the Alabama conference; j. s.
Robertson. Tuscaloosa; Frank P. Culver
and Arthur Smith, Birmingham, for the
| North Alabama conference. They met al
noon yesterday but would have nothing
to say of what they did, other than the
general statement that there would be no
consolidation of the schools.
The head of the Owenton College for
Rows at birmingham is the Rev. John r.
Turner. who is making q great success of
| the institution Rev. DIR. S. M. Hosmer,
| nresident of the Southern university, was
| four years presiding elder of the Bir1ning-
ham district and went to the school the
wear after he left Birmingham. He is one
of the best school men in the church.
Rev DIR. Massey, head of the Alabama
| Conference Female college. is held to be
one of the most successful educators of
girls in the south Miss Mary Moore, who
went from Birmingham, is the head of
the Athens Female college, and In the lit
tie more than a year she has been there
has made it very popular with the local
patrons as we'll as the people of the state
at large In fact every one of the schools
seem to be doing well. which probably
accounts for the lack of consolidation SEN
timent.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
WILL ADOPT PLAN
TO ADVERTISE CITY
LIMITED COMMERCIAL TRAVEL
ERs. TRAVELLERS PROTECTIVE
ASSOCIATION AND COMMERCIAL
CLUB COMMITTEES.

A conference was held yesterday by
Secretary Babb of the Commercial club
with a committee consisting of Mr. Cher
rv Mr.. Holmes and Mr. Wallace of the
United Commercial Travellers to arrange
a plan for advertising Birmingham.
A meeting will be held on Saturday
night. July 2S. for the purpose of ar
ranging a systematic plan for advertis-
ing Birmingham and its industrial and
commercial advantages.
The meeting will be attended by rep
resentatives of the club the Commercial
Travellers and the Travellers Protective
association.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
BURNED NEGRO DIES.
Jim Brown, the Last Victim of Furnace
Explosion, Suffered fortunes.

James Brown, the third victim Of the
explosion at furnace No. in North Biz
mingham some weeks ago, died yesterday
from the effects of the burns sustained at
the time of the accident. 1t will be re-
membered that one of the negroes was
killed instantly and another died few
days after the occurrance The death of
James Brown marks the close of the
tragedy. -s#
After the accident. Brown was taken to
his home badly burned about the chest
and abdomen. He has suffered much, but
showed a wonderful tenacity to life. He
had wasted away to almost a shadow, and
owing to the fact that the wounds never
healed, he suffered tortures before death
came to relieve him. He was a man of
about 40 years of age.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
GOING AFTER NEGRO.
Lucius Morris Was Captured In At
lanta--Wanted In Birmingham.

Detective Sam Hamilton will go to At
lanta today to get Luclus Morris, negro
who was arrested there yesterday at the
request of tho Birmingham department.
The negro is wanted In birmingham on
two charges He is accused of assault
with intent to murder and with skipping
his bond. The detectives have been after
not able to locate him until yesterday
when a telegram was received from At
lanta stating that he was under arrest.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-17
Spring and Sumner catarrh.

There is form of catarrh especially
prevalent in spring and summer, called
by DR.. Hartman systemic catarrh.
This form of catarrh especially de-
ranges the stomach, bowels and other
organs of the abdomen The whole mu-
eous tract lining the stomach, liver. bow
els and kidneys is in an inflamed condi-
ton, and these organs fail to perform
their proper function.
Systemic catarrh may be or may not
be accompanied by catarrh In other parts
of the body. In some cases there is a
hacking cough. 1t may be also associ-
ated with catarrh in the head.
But in typical cases of systemic ca
tarrh all thevorgans of the abdomen are
In weakened and sluggish condition.
Dyspepsia and BiIousness.
Sometimes 1t is called dyspepsia, at
other times biliousness, or the patient
may he suspected of having kidney dis
ease or appendicitis.
Peruna has for a long time been re-
garded the remedy par excellence for
conditions Of this kind.
The accompanying testimonials are
sufficient to Indicate the promptness
with which Peruna relieves these symp-
toms and the satisfaction which people
express concerning the use of Peruna.
We have a multitude of such testimoni-