davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-04-13
MT. Musxrove Is SanKuine.

l.. B. Musgrove of Jasper. manager of Cant. Richmond Pearson Hobson's cam oairn for Congress in the Sixth Dis trict. while in the city, stated in an interylew that in his opinion Captain uobson would win with ease in the pri- 1narkes on the 23rd inst. He stated that he did not believe that Congressman
The Montgomery advertiser., 1906-04-13


 HATCH V. THE STATE.
 Prosecution for Assault with Intent to
 Commit Murder.-(Decided Feb. 8,
 1906.)-(40 So. Rep. 113).
 Criminal Law; Instructions: Burden of Proof; Alibi-The following instruc- tion was refused by trial court. "'The defendant sets up an alibi in this case. and the burden of proof is not changed when he undertakes to prove it; and if. by reason of the evidence in relation to such an alibi. you should enter tain a reasonable doubt as to defend ants guilt, he should be acquitted. al though you may not be able to find that the alibi has been fully proven:" Held, good, and error to refuse 1t.
 (Dowdell and Denson. JJ, dissent.) Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Reversed and Remanded. Opinion by Denson; J.
 Haralson. Tyson, Simpson and An derson, JJ., concur.
 Dowdell and Denson, J., dissent.
 A. G. STORY MERCANTILE CO, vs. Mcclellan.
 Appeal from order granting motion to correct a udgment.-(Decided De- cember 21, 19O5.)"-(4o So. Rep. 123.)
 1. Judgment; Amendment; Judicial
 Errors: Jurisdiction of Court.-The act creating the city court of Talladega (Acts 1904-95, p. 122O provides that after thirty days from the rendition of judgment by that court, the same shall be deemed as completely beyond | the control of the court as if the term | of the court at which it was rendered, | was ended. and after the expiration of | that period, that court has no revisory powers over the judgment, cannot cor rect judicial errors in 1t. nor set 1t aside, Section 3334 of Code of 1896 cor rect clerical errors or amend it nunc | pro tune. after the expiration of thirty days from it's rendition.
 2. Same; Application for Correction; Averment.-Before a party can obtain an order amending a judgment, not | void on it's face, after the term at which | it was rendered, he must aver and show by matter of record, or by entries | made, that on account Of clerical er- | TOTS the judgment entered does not conform to the judgment rendered or l intended to be rendered by the court.
 but proof dehors the record cannot be resorted to for the purpose of amend | ing the judgment nunc pro tune. | B. Exemptions; Waiver; Pleading Waiver; Suficiency.-Sections 2106- l 2107 of Code of 1896, do not fix or pre- scribe any set terms in which the aver ment of a waiver of homestead exemp- | tions must be made, nor require a statement of facts in detail for the pur- pose of distinguishing a valid from an | invalid waiver, but an averment that a waiver has been made, properly at tested, and its extent is sufficient, with out alleging that the party making it was married or unmarried or describ- | ing the land constituting the home stead waived.
 4. Exemptions; Complaint; Judg-
The Montgomery advertiser., 1906-04-13
HeAd-Notes Of the Decisions
 @ Alabama Supreme Court

LOUISVILLE ANN NASHVILLE R. R..
 CO, V. SMITHA.
 Decided Nov. Is, 1905.+-t40 So. Rep.
 11T.
 1. Carriers; Injuries to Live stock; Negligence: Burden of Proof.---Where the plaintiff shows injury to live stock while in charge of the carrier, the bur den is cast upon the transporting car rier to excuse itself from any negl- gence on the part of it's servants or agents, or to show that the injuries came within one of the exceptions spe- cified in the contract of afreightment
 2. Same; Care Required.-Except for injuries resulting from the habits, na- ture, viciousness or other inherent qualities of the animals, the carrier as- sunes the same responsibility for the same carriage and delivery or i've stock. as. of other freight.
 3. Same: Limiting Liability; Negn- Rence.-While carrier of animals may limit, by contract of carriage It's com mon law liability, it cannot contract against its ssown or it's servants negn- gence. s% 't
 4. Same;- Delay; Burden of Proof The burden of proof is cast upon car rier to show 1t was not negligent, when the shipper of live stock shows that the animals were delivered to the car rier in good condition, and were not delivered within a reasonable time and safely.
 5. Same; Shippers Duty to Accom- pany Stock; Waiver.-Where the con- tract of affrightment of live stock re- ouires the shipper or his agent to ac- company the stock, the shippers fall ure to do so was no defense to the car rier's liability for injuring the stock unless such failure contributed to the injury; and if the carriers agent fur nished shipper transportation and per mitted them to go upon a passenger train of defendant, it waived such re- quirement.
 Same;s Duty to Water and Feed.-lf the carrier was aware that neither the shipper nor his agent accompanied the stock, as required by the contract Of shipment, 1t was the duty of the ship per to feed and water the stock and ex- ercise necessary care of them.
 T. Unreasonable Delay; Instructions Whether the delay in transportation was reasonable, being question ot mixed law and fact. it was proper to refuse instructions that the animals were not confined in the cars an un- reasonable time.
 S. Same; Instructions.-Instruc which withdraw from the jury all con sjderation of defendants negligence are properly refused.
 Appeal from Montgomery City Court
 Heard before Hon. A. D. Sayre. Re hearing denied Jan. 30, 190S.
 Affirmed Opinion by Haralson. J.
 Dowdell, Anderson and Denson, JJ. concur.
The Montgomery advertiser., 1906-04-13

pankhead would carry two counties In tba d,strict. He expressed some fears that Captain Hobson would not get all that was coming to him at the polls and stated that was all that could pre- vent him from winning.
The Montgomery advertiser., 1906-04-13
Negro Porter. Killed.

Saw Conwill. a negro porter employed at the store of Loveman Joseph and Loeb, while washing windows lost his balance and fell three stories to the alley. He landed on his head fractur- ing his skull. He died thirty minutes later at a hospital.
The Montgomery advertiser., 1906-04-13

3. Same: courts; Jurisdiction; sta tutes.-Section 2 of Acts 1901, p. 107. is not repeated or amended by Acts 1901, p. 112, and the judge of the Wal ker county law and equity court has authority to issue writs of prohibf- tion.
 Appeal from Fayette Circuit Court
 Heard before Hon. s. H. Sprott-
 Reversed and rendered. Opinion by Anderson, J.
 Tyson. Dowdell and Simpson, JJ., concur.
The Montgomery advertiser., 1906-04-13
GOODWIN. JUDGE EFT AL. vs. STATE
 Tx RF,I, WAKEFIELD, EFT AL

FIX REL WAkEEIEIlD, FIT AIA Writ of Prohibition.-(Decide Janu-
 ary 31. 19o6)-(40 So. Rep. 122.)
 1. Prohibition; testing right to pup lie office; other remedies adequate.- Since Section 3420 of the Code or lsSo, furnishes plain and adequate remeay for testing ones rights to hold pub lie ofice, prohibition does not lie.
 2. Same; county commissioners ac- tion; awarding contracts.-Prohibitio will not lie to restrain the court or county commissioners from proceedlne to have a bridg erected, contract TOT which had already been let; as the ao1 of nassing a warrant or claim there for is ministerial.
The Montgomery advertiser., 1906-04-13

that will be printed. MT. Putnam has an office in the First Methodist Church and proposes to have every detail sys- tematized so that the big crowd can be handled easily when the trains begin
 to roll in about the first of next months
The Montgomery advertiser., 1906-04-13

ment; Conformity.-In an action on 4 note, the complaint alleged that Dy separate instrument n writing attest ed by one witness defendant waived ms right to claim any homestead or other exemption, and the judgment thereon recited that as against 1t and eXecu- ton issued thereon, there was no ex- emptiong of real or personal property; Held, the complaint was sufficient to call into exercise the Jurisdiction or the court to declare the waiver, and us extent, and the recitals of the Judgment were sufficient, although they did not follow the averments of the complaint and that the judgment rendered was the solemn express adjudication Of the court. not capable of amendment nunc pro tune, and beyond tho power of the court, by lapse of time to be revised or corrected.
 Appeal from Talladega City Court.
 Heard before Hon. c. k. Miller
 Rehearing denied January 30. 19O6.
 Reversed and Rendered. Opinion by Denson, J.
 Tyson, Simpson and Anderson, JJ., concur.
 ENSLEY DEVELOPMENT CO V. POW
 ELL.
 Bill for injunction and receiver. De-
 cided January 31, 1906. t4O So.
 Rep. 137)
 1. Counts jurisdictions; constitutions al provisions; statutes.-Acts 1S94-95. D. SS1. the act which confers chancery powers and Jurisdiction upon the cir cult court of Jefferson county. is not unconstitutional.
 g. Constitutional law; limitation of powers.---The legislative branch of the State government has supreme power in the enactment of laws. except where this power is limited by the constitu- ton.
 3. Judges; proceedings in vacation; appointment of receivers.-Under acts cult Court of Jefferson county. have power and authority to appoint re- ceivers in vacation.
 1. Receivers; appointment: notice A receiver should not be appointed in ex parte proceedings upon the appli- cation of stock holders to dissolve corporation, under the provisions or Acts 1903. p. 337, until after personal notice to resident, and published mo- tice to nonresident. stockholders. and not then without proof as required; unless in case of great emergency oth- erwise allowed by law.
 B. Same: notice to corporations; sui" ficiency.-Upon application for re- ceiver. a letter from the vice president of the corporation to an attorney stat ing that the appointment of a person. therein named, as receiver. would be satisfactory to him. especially when t is not shown whether the letter was written before or after the appoint ment of the receiver, and the letter was not signed by the officer in his representative capacity. such letter is not a waiver of notice by the corpora tion, nor does it show notice to the corporation.
 Appeal from Jefferson Circuit Court.
 Heard before Hon. A. A. Coleman.
 Reversed. rendered and remanded.
 Opinion by Simpson, J.
 Tyson, Dowell and Anderson. JJ., concur.
The Montgomery advertiser., 1906-04-13

.If bombs are thrown" exclaims Jo" seph Medill Patterson, Socialist. ft will not be by us Whats thls! on!y a nin-feather Socialist and already talking of bombs.--cnIcago Chronicle
Los Angeles herald., 1906-03-11

When you have task before you spirit
take should know that you need some natural
stimulan to systemsome increase in your
mental and physical ambition and Electro-Vigor Will
give you that
into renewal OF energy Reason that the life OF the
nerves is electricty-that is scientifically
that weak nerves not made strong by drugs. Ii
electricity is their life give them that.
Drugs excite the nerves if you want them excited
Other drugs quiet them if you want them quoted, but
in both cases the effect is produced by a poison
II is true and proven that who takes drug
day for hry days has got to take twice as big
thrticth day did the first to produce the
effect
Some people take drugs as a stmuant Recent ex-
of the contents of patent medicines that
nearly all of them alcohol
poison.
An interesting scientific article states
after the effect of drug stmuant off the vitality
per cent lower than was before the stimuant was
taken. Can any person with common good
in that kind of treatment? What will be the effect in
few years?
Suppose you borrowed money that way borrow a dol
lar today and back dollar tomorrow and keep
up twenty days. wouldn't that break YOU? Is it
any sensible to take stimulating drugs
basis?
body has only a certain amount of vitality and
will it last?
Truly the human body is abused as you would
abuse your dog.
If you set out to accomplish anything make that
supply yourself with the of carrying
project through successfully The most important to
man who expects to work his way up are strength nerve
power All those from electricity, the mo-
tive power of the body.
The laborer the ambitions-or should
have, unless they dimmed by a sense of physical
weakness He wants to more, to ele-
waited postonto get out of the There chances
all around him and he is bound to land of il
he has the to reach out for it when it
along.
A few years ago I had patient who worked with a
street repairing the basalt paving which
tween street car tracks. He typical of his class
hard working, patient and enduring seemed to have
no interest beyond doing his work honestly and taking
his will not attempt to what process of evo-
luton took place in the mind of that in the few
months he under my treatment, but will that
when 1 him again he "slicked up" and acted
if he might the road. He had fully recovered
his health and with it energy which he had lost
and when he called he tmekeeper on the job
with growing chance for something better.
It's mistake for to that he
made for aborer; to imagine that there is chance
for him something better. There's plenty
at the top and any do better if he has the
energy to try.
The that there laborers that there
always enough allow themselves o held down
with ambition to hustle out of the
willing sell days a couple dollars
dollars to the man why buys it.
Los Angeles herald., 1906-03-11

released from the bonds of depressing
weakness by electricity. Delivered from pain and weak
ness, He lifted from his shoulders;
heart bounds joy; begins expand his
free his head and his shoulders
back as he walks the sparkle in his eye and the
spring his step proclaim the made He grees
his friends with smile, and the current of electro
netsm radiating from him draws people to him
Electricity makes by filing them with animal
vitality. Electricity is power, energy force.
that men, and women, too become dormant,
of the bodyelectrlcilyhas been III one way
or another drained from them. My system is it
back and it would surprise to how few appli-
cations of it make the discouraged sowgoing man wake
III and hustle
/ have in mind now a struggled through egh-
yearshe is AZ now--as journeyman mechanic in
of big manufacturing concerns. lie a good
better than dozens others around
him; but he seemed some way to be differently consti-
the rest. He had nice about him that
seemed suggest undeveoped to do things yet he
did accomplish than his fellows. day he
came o and told his story.
Since early manhood he had suffered from nervous
afflicton involving his stomach, which digest
properly He felt weak and lacked ambition go
ing through life in haf-dscouraged aimess
doing his it to him watching
quitting time His evenings spent home
his famiIya wife and three childrenand after
he felt that he well off.
he disconnected. He thought he was made
up as If things do turn up With man Who Works at -
ench like machine and never dispiays anV abitI o
Any way / promised him relief his nervous trou-
Vigor lie felt relief in few weeks and was
quite well three months began. With the return
remarked his increased energy vivacy
ty and his bench partners noticed that he took
suggest changes his foremandeas the
ment of the work. and some of those IDEAS in
Things pretty fas3 when they move, with
of the time this got his feet physi-
cay he foreman and Is now superintendent of the
SO many elements in depend upon electricity
Los Angeles herald., 1906-03-11

| Success comes from effort; effort is the phys
cal force; physical force is electricity
\ This is the belief of DR.. Samuel r. Hall, physician
who has made life study of the building up of physi
believes that electricity alone is
the that the human intellect and the phys
cal machinery.
Dr. Hall is the inventor of the device for
eectrifyng body 1t is dry-cell battery or
at night Dr. Hall claims that this dry-ce battery Is as
the old style electric belt the incandescen
light is to the candle
His experience las wide, and his along
the lines belief has been enormous if is to
judge the following he has and the number of people
credit their first look into the happier
future that has come to them.
DR.. Hall has published of the most interesting
read dealing with this subjeoct 1t is
highly and artsticay illustrated Any one can get 1t
him free for the asking.
Here a DIR. Halls opinions:
is possible in this world to man who has
the energy strive for what he wants. The only way
to get what you work for it, and work uses
up energy without has no inclination to
work 1t is that the vital energy of the human
electricity Therefore, believe that electricity
is the foundation of
You heard of the railroad manager who started
in office boy; of the traffic who earned his
months pay brakeman. Contrast them with the
jantor who started office boy, and the track
walker brakeman. and you the
difference results The anitor had start with
the president-boh started as office boys-and
walker had the the traffic manager but he
did not have the nervous energy
There 10 doubt that a mans health a great deal
with his There few occupations now
adays a expect to become anything but a
podder unless puts his shoulder the wheel and
pushes himself ahead and when is disturbed every
of the by mental torture his physical inca
pacy he has the spirit ambition to strike out and
do things himself.
Get and hustle advises the man who has sue
husng-by the force of his The advice
is good plodder, by of that ply
which makes hustler, has in
clinaton; he drive himself get through his
days work.
Husng is to the who feels right. 1t
is fun is he s.
exercise of the physical powers 1t is fun
athlete of his favorite sport when he
exercises the very love of action
can't hustle. Every in his body re-
bells against it, disposition naction.
Los Angeles herald., 1906-03-11

The ambition which makes business out of la
spirit which awakens in and leads him
courage which backs every inspiration
nothing but the electricity the vital
force of his body.
The man who content with his lot, the man who
has himself is weak Ambition is
the child of strength.
You might preach the young man. Get up early
hour before breakfast but how is he
to he rest from his sleep, and his
being aroused in the morning is
sleep sleep sleep? His feeling is that another hour
Of sweeter to him than anything else.
His nervous energy is depleted and he is slow lazy
and unambitious
You would in business to get and hus-
tie trade. but how hustle when
heavy hearted and absent-minded? When his
cnaon is to sit down and worry because things don't
go better?
His nervous energy is gone; he feels that APP
proac he'd business man he would kill business
than he would create.
You will hear the croaker say of successful
can't see what there is about that fellow that
everything he puts his hand turn money isn't
any smarter than am, and here ploddng along
him at school, in fact he the fool class
here he is rolling thousands every turn while
who smarter in everything to have trouble
make decent living"
But here the facts The successful man makes
things he's the all the time chasing the dol
uphill the lane, and he catches
while his brighter but friend sits
waits for them to fall in his lap.
Energy is what makes success. Fortune may knock
front but she is not going to wait for
you to come and open IL you don't hurry
Los Angeles herald., 1906-03-11

pennsylvania He gets 100000 a year now.
John d. Rockefeller started life as a grocer's clerk
at a dollar and half a week @ ~
Thomas w. Lawson worked in a hank whom n bov
ana part of his duty to stack up gold He learned
his work so well that it became "a habit and he mas
himself. - ~ 40
Paul Morton, the new head of the Equitable Life
was a clerk in the land office of the b. & Nj Railroad
John W. Gates put in his early strides salesman
Andrew Carnegie tended stationary engine in his
youth later he was telegraph operator
He is giving his millions to libraries and
Charles M. Schwab entered Carnegies steel works
shipbuilding trust
j. Pierpont Morgan began his business a
clerk in n bank.
Marshall Field who died recently worth between
500 100000 and $20O0000O0. dry goods clerk
Chicago fifty years ago and by Industry and honor
able methods became the greatest merchant in the
world.
born rich. Wealth and prominence have from
the expenditure of great energy, and any who
can and will hustle has good chance any of
these men had
Young men who discover that they wanting in
elf-confidence who shrink from meeting people be-
of fear that they will be unable to make good
trouble is only lack of nerve force Build up your
nervous with charge of electricity every
day, and the nerve force and selfconhdence Will
come. Young who have been treated with Elec-
tro-Vgor examples of vigorous energy, strength
of character and ambition to dare and accomplish big
things.
ness; downcast hopeless -natured, peevish despon-
dent. absent minded nattentive, unattractive how
can such a man hope to get up in the world? Every
thing against him. only not the energy
to help himself but he repes people who might have
1t in their power to throw something in his way.
The principal features which commend Electro
energy the great volume of perfect
control that is generated by these cells the rheostat
Los Angeles herald., 1906-03-11

have, such as rheumatism, stomach kidney trouble
ANY man can understand that if every organ of the
body has all the strength that nature requires there
viii be no sckness-therefore any who is sick
must get back his strength by using ElectroVigor.
MIR. j. w. Lunbeck, who lives at Sequel, California.
says that he to his pockets in his grave when
he heard of Electro-Vigor. He very sick man
from Dropsy, Catarrh rheumatism and general debil-
ity, and Electro-Vigor cured him.
If you feel well you will feel like hustlng; the spirit
of enterprise and success from the fire in your
nerves, and should keep that by daily appli-
cation of electricity.
Mr.. Charles Bonifaco, at Soedad, Cal, says that he
is full of strength and since he has used Elec-
tro-Vigor, whereas before he always drowsy and
tired could not sleep, and had strength. He says
that he cannot recommend it too highly
Mr.. Ed Killeen, Randsburg, Cal. says Electro
Vfgor is great invention 1t has helped me, ana
mine where drugs and doctors were OF no
AVAIL
Mr. G. w, curtis Ontario Oregon Electro ls
tone up the whole system and does more as d
general tonic than anything ever tried IL warns the
blood and creates energy in ones BODY. 49,
The energy that Electro Vigor creates w
heat to the blood, is the fire of life poure1 mo w
body every night Naturally 1t increases 'he
81 went to work at my trade two weeks after be-
ElectroVigor after having been laid up for
two months with Rheumatism" writes William h
Clark, Lovelock, Nevada. $40, =,
II have been wearing Electro-V igor on my trip IN
the and it has helped wonderfully There
is trouble about using this appliance on such Trip
as you don't need vinegar to charge it, apprecilate
the difference because have used the old style VINE
gar belts" writes c. b. Dougherty, Visalia' Cal
Los Angeles herald., 1906-03-11

in the body. There Is the
brain incentive, the inspi-
ration: there is the heart
courage; the fearless de-
termination to try; then
there is the physical
strength needed to back up
the rest. They all come
from that great motive
force - electrical nerve en-
ergy. The man who gains
success must have it-iirst,
to feed his brain so that he
may have the inspiration
then to feed the body that
he may stand the strain.
A few years ago 7 treat
ed for nervous troubles a
man who was a clerk in a
merchandise store doing a
good business. This man
was a very faithful worker
and was trusted by his en-
ployer with the manage
ment of the store when
ever the employer found 1t
necessary to absent him
self. When he came under
my trea tment he coniided
to me that nothing but his