davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-03-29

the World, which is rapidly gaining a national reputation.
 Respectfully
 Harry Kahn.
 Prest. The Blue Jay Company. As to Property Owners.
 Some members of the Campaign Com mfttee and some of the business men who have been generous contributors to the fund are inclined to believe that the larger property owners of Mont gomery or at least some of them have not made as large contributions to the fund as they might. The business men think that the property owners are go- ing to draw quite as much benefits from great and advancing city as would the distinct business interests of the city. They think that rents will rise and property increase In value quite as rapidly as will be the expanse of the city's business interest. Mem. bers of the committee declare too, that the only assurance that the present high price of Montgomery real estate can be increased or maintained is for the city to continue it's rapid develop ment of the past five years
 A gratifying feature of the subscrip- tions yesterday was the interest shown by some negro business men in the movement Substantial subscriptions were made by we'll known colored men of Montgomery. These were volunteer subscriptions, too. They propose to stay here and to stay in business and they are willing to prove their inter- est by their money. V. H. Tulane a prosperous negro merchant, sent S10 to the committee. And the following letter was received from the Secretary of the Colored Mems Business Develop ment Association of Montgomery:
 Montgomery, Ala. March 2S, 1906. Ways and Means Committee of Com
 mercial Club, City:
 Gentlemen-Having a sympathetic in terest in every movement that tends to the growth and prosperity of the city of Montgomery, The Colored Mems Business Development Association' of this city at their meeting last held. by unanimous vote authorized me to sub scribe the sum of s10 to the project inaugurated by your enterprising and public-spirited organization
 Very respectfully,
 J. T. Coleman, Secretary of the CoIored Mems Business
 Development Association of Mont
 gomery, Ala.
 There are quite a number of well-to- do negro merchants in Montgomery. who may also feel called upon to help the cause.
The Montgomery advertiser., 1906-03-29
Head.Notes of the Decisions
 of Alabama Supreme Court

or well-being of the tenant or his fam fly, or for preparing the ground for cultivation, or for cultivating. gather ing. or preparing the crop, the landlord has a lien on blacksmith tools used by the tenant on the rented premises ?. Trial; directed verdicts; conflict ing evidence.-Where plaintiff testifies to the existence of a debt owing by defendant to him at the time of the trial defendant is not entitled to the general affirmative charge, where thero is contradictory evidence on the ques- tion. ny,
 3. Same; instructions; burden of proof.-Instructions that the burden is upon plaintiff to reasonably satisfy the jury of the truth of his complaint, and that if the evidence is equally balanced in the minds of the jury they may find for defendant, were properly refused as misleading, where the evidence of !! an indebtedness, owing by defendant to plaintiff was undisputed, and defendant relied upon the defense of payment, as 1t was open to the jury to infer there
 from that it was not incumbent on de- fendant to prove payment. Appeal from Crenshaw Circuit Court. Heard before Hon. J. c. Richardson. Affirmed. Opinion by Anderson, J., Haralson, Dowdell and Denson, JJ., concur.
The Montgomery advertiser., 1906-03-29
LOUISVILLE AND NASHVILLE RAIL
 ROAD co. V. BRETON.

Decided Nov 22, 1905-(39 So. Rep. 5S5)
 l. Appeal; assignment of error; fail ure to urge objection.-Where, on ap- peal in an action against a railroad for the conversion of a case of shoes, ap- pellant's assignment of error referred to sales bill. while his counsePs ar gument related to the freight bill rem dered by defendant, the assignment was to be regarded as not insisted on.
 2. Same; harmles serror.-Where, in an action against a railroad for the con- version of a case of felt slippers. the error, if any. in admitting a sales bill reciting the purchase by plaintiff from a shoe company of "Wos. Romeos. without proof of what ''Wos. Romeos' were, or in any manner connecting them with the felt slippers sued for, was cured by subsequently, admitted evil dence supporting an inference of iden- tity of meaning and also tending to connect them with the slippers
 8. Carriers; conversion of goods; ac- tion; evidence-In an action against a railroad for the conversion of a case of slippers, a sales bill reciting a pur- chase by plaintiff of the goods from a shoe company was properly admitted In evidence, though 1t was not shown by whom it was made out, where the evidence tended to show that it was received by plaintiff from the shoe company and that he had paid 1t; it be- ing matter of no importance as to the particular individual making out the bill.
 A. Trial; objection to evidence; suf- ficiency.-In an action against a rail- road for the conversion of plaintiff 8 goods, an objections to a letter written by plaintiff in reply to one written him by defendants agent, because plain tiff's own statement of the facts con- tained in the letter were not competent evidence against defendant, but not particularizzing any fact stated in the letter, was not well taken, if any fact so stated was legitimate evidence.
 5. Carriers; conversion of goods; de- mand and refusal-Where possession of certain freight for transportation was legitimately obtained by rail- road there must have been a demand therefor by the consignee and refusal by the road to deliver the same in order to show conversion, unless there was
The Montgomery advertiser., 1906-03-29

ALABAMA CONSOLIDATED AND 1hoN
 co. vs. TURNER.
 Damages for polluting stream ana a,-
 minishing flow of water. (Decld- ed Nov. 23, 1S95)-(39 So. Rep 6O3.) 1. Waters and Water courses Rights of Riparian owner; Diversion; PoIlution,-A riparian proprietor has an equal right, with all other riparian owners, to have a stream, flowing through or by his lands, flow III US natural state, through its ancient chan mel, without dimnution in quanlty or alteration in quality; and diversion of such stream or a pollution or the water, so as to deprive him or us use' is an actionable nuisance
 2. Same; Actions; Complaints; Joln- der.-A complaint, the several counts of which, allege diversion of large quantities of water from the stream thereby preventing the accustoHheou U flow; and the construction on sald stream of a dam which collects depris and discharges 1t upon plaintin pe- low, to the injury of his dam; and the operation by defendant or ore Wash- CTS. which pollute said stream anu cause mud. debris and other accumu- lations to come down on plaintiff, to the damage of his dam and the pollution Of the water, states a good cause or ac- tion, and is not subject to demurrer for a misjoinder of causes
 B. Same; Appropriation; Rights Ac- ouired by Adverse User.-The exclus- i've use of the waters in stream by a riparian owner in substantially the same manner for more than ten years with the knowledge of the lower ripar- ian owner. and without interruption from him, raises a presumption of title as against a right in any other person. which might have been. but was not asserted.
 4. Same: Artificial Barriers; Con struction; Negligence; Materiality.-The degree of care used in construction ar tifcial barriers and maintaining them across water way. Is Immaterial in determining plaintiffs right to recover damages in suit counting for dam ages on the active creation by defen- dant of a nuisance, and not upon wrong arising from defendants negli- gence in construction.
 5. Same: Action for Diversion; De- fense.-In an action by lower riparian proprietor for the diversion of water from a stream by an upper riparian proprietor, a plea setting up that up- per owner used the waters for manu- featuring purposes in a reasonable manner, and then returned the same to the stream with no material diminu- ton in amount, states a good defense, and Is not subject to demurrer.
 6. Same; Artificial Barriers; In jury to Lower Owners: Liability.-A riparian owner who constructs dams iD the usual way and such dams as will hold water coming down in usual and customary freshets, is not liable to the lower owner for damages resulting from the failure of the dam to retain the water in an extraordinary flood, and the consequent flooding of the lower lands, or the injury of the lower dam.
 '. Evidence; Value of Property; Opinion Evidence.-The market value of property may be shown by the opin- ion of witnesses, based, of necessity even in fact, on hearsay
 Appeal from Talladega City Court.
 Heard before Hon. G. K. Miller
 Reversed and Remanded. Opinion by Haralson, J.
 Dowdell? Simpson and Denson, J. J. concur.
The Montgomery advertiser., 1906-03-29
The Graft Problem Solved

The Swiss have come nearer to it than any other nation of the world.
 They give every person the opportunity to be a good citi- zen; then require it.
 Simple and right. No slums there; no wickedly rich either. Laws few but enforced--no favorites; therefore few trans gressors.
 Russell's stirring fact-story --"Soldiers of the Common Good" in Everybodys for April
 @laSIy6yoog5
 N1agazMe
 Is cents copy SI.5o year
The Montgomery advertiser., 1906-03-29
sTouDENHIRE V. STATE.

V. 0L A E1s Crime-(Decided Jan. IS, 1906.)-(4o So. Rep 4S.)
 l. Criminal Law; Trial; Service of Venire on Defendant.-The statute re- quiring copy of indictment and venire to be served on 8 defendant charged with capital offense, etc. (section 5273, Code 1S96) is sufficiently complied with where defendant is given a cor rect list of the names of the jurors drawn for his trial; notwithstanding technical defects may appear in such list.
 2-Same; Appeal; Discretion of Court. The granting or refusing a contin- uance is within the sound discretion of the trial court, and it's action thereon will not be reviewed unless there is a clear abuse of discretion; and 1t Is not an abuse of discretion to refuse to grant a continuance on ac- count of absent witness where the State is put upon a showing as to what these witnesses would testify.
 3.-Same; Bill of Exceptions; Evi- dence-Where the bill of exceptions fails to set out the evidence or It's ten dencies, instructions requested by de- fendant and refused, cannot be review ed by this court on appeal.
 Appeal from Autagua Circuit Court.
 Heard before Hon. S. L. Brewer.
 Affirmed. Opinion by Denson. J.
 Haralson, Dowdell and Simpson, JJ, concur
The Montgomery advertiser., 1906-03-29

of his property, but on either side up and down the street.
 4. Same: obstruction of view; in- junction.-A public nuisance which en- croaches upon an abutting adjacent owners easement of view, may be- abated at the suit of such person, al- though no special damages be proven.
 5. Same; allegations of bill; vari- ance.-In suit by a private person to abate public nuisance because of some special inquiry to him, the allegation of the cause being shown to exist, the fact that several grounds of injury Cor resulD are al- legged and only one proven, does not constitute a variance.
 Appeal from Montgomery City Court
 Heard before Hon. A. D. Sayre.
 Affirmed. Opinion by Denson, J.
 Dowdell, Simpson and Anderson, JJ.s concur.
The Montgomery advertiser., 1906-03-29
pr. Miles Anfi-Pain Pills.

will bring such relief quick and sure.
 That IS not all. They will prevent und cure ell kinds of pain-NeGralgla a, Backache. Rheumatism, Menstrual Pains, Stomachache, etc.
 -Four years ego I began using Dr; Miles Anti Pain Pills for headache have used all kinds of powders and pills, but never found anything to give the MRS. E. b. WATROUs. Mahoning. Pa.
 The first package will benefit, if not. the drurs!st will return your money.
 20 doses, 25 cents. Never sold in bulk.
The Montgomery advertiser., 1906-03-29
FARLEY NATIONAL BANK V. POL
 LOCK & BERNHEIMER.

 Action Against Bank for Failure to
 Collect Check. (Decided Novem-
 Der Is, 1905 .)-(39 So. Rep, 612.) l. Banks and banking; agency; sub collecting agent; selection.-A bank which undertakes to collect claim, all though by custom it may be allowed to employ sub-collecting agents, is bound to select such sub-collecting agent with judgment and care.
 9 Same; customs, collection of checks.-A custom which authorizes a bank to whom check Is sent for col lection to send 1t to the bank upon which it is drawn, for collection, as the forwarding banks agent is unreas- enable and bad, and the bank so send ing is liable for any damages to the payee of the check resulting from such action.
 Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre.
 Affirmed Opinion by Simpson, J., Haralson, Dowdell and Denson, JJn concur.
The Montgomery advertiser., 1906-03-29
MILLER '. STATE
Murder.~(Declded Jan. IS. 1oO6o-


 Murder.-(DecIded Jan. IS. 10O61-
 GAO So. Rep. 47)
 1.-Criminal Law: Instructions.--In a prosecution for murder committed in attempting to escape from the peniten- tiary a charge that an attempt to es- cape from the penitentiary is not fni- ony. Is abstract.
 2.-Homicide Degree; Murder iD Sec ond Degree.-Murder in the second de- gree is the unlawful killing of a hu- man being with malice but without de- liberation or premeditation.
 3-Same; InstructiOns-In trial for murder where the defendant if guilty of any offense. was guilty of murder, charges as to manslaughter CT are properly refused.
 4.-Same Committed while Engaged in another crime.-When 1t appears that the offense WIS committed in an attsm by the defendant, who was a convict. to blow up the gates of the penitentiary and effect an escape, the act of blowing up the gates resulting In the death of deceased. the defend- ant could properly be convicted ef murder In first degree
 Appeal from Jefferson Criminal Court.
 Heard before Hon. D, A. Greene.
 Reversed Opinion by simpson. J.
 Haralson. Dowdall and Denson. II, concur
The Montgomery advertiser., 1906-03-29
If You Knew

you could be relieved of that periodic or chronic nervous or sick headache in a few minutes, would you continue to suffer?
 Especially when you are assured of the fact that the remedy is perfectly harmless, and will have absolutely no other effect, except to relieve and cure tha nain.
The Montgomery advertiser., 1906-03-29

Twas suffering greatly from a cancer ous ulcer on my left breast, which had begun to eat, and at times would dis knew the trouble was hereditary as an only sister, my mother and two of her sisters died ofCancer. am fully sat- isfied would have gone the sameway but for s. g. S., which cured me.
 Bolton, Mo. MRS. J. CASSELL.
The Montgomery advertiser., 1906-03-29

TO draw the fire out of a burn. heal a cut without leaving a scar. or to cure boils, sores, letter. eczema and all skin and scalp diseases use DeWitts Witch Hazel salve. A specific for piles. Get tbA genuine No remedy causes such speedy relief. Ask for DeWitts-the
 tu-thu-aAt
The Montgomery advertiser., 1906-03-29

FIRST NATIONAL BANK OF MONT
 GOMERY V. TYSON.
 (Decided Nov. 23. 1905). (39 So. Rep.
 560.)
 l. Highways; easements; abutting owners.-Althoug the ultimate fee may be in the owner of lot to the centre of the street it is subject to the public easement, which confers on the abutting adjacent owner the right to prevent or redress an obstruction or perversion of the street to private use inconsistent with the rights of the pup lie, where special injury results to him
 ?, Nuisance; public nuisance; oo- struction of highway and street-The erection of stone columns extending 22 to 26 inches beyond the building line of street Is such an encroachment on the street as will constitute a pubic nuisance, to abate which the puollc may maintain a bill
 3. Municipal corporations; streets rights of view.-The owner of property abutting on a public street, has right of view, light and air, not only in front
The Montgomery advertiser., 1906-03-29
proof of dealing with the property

proof of a dealing with the property by the road otherwise.
 6. Same; title; right to possession; sufficiency of evidence.-In an action against a railroad for the conversion of plaintiffs goods. a sales bill recitine purchase by plaintiff of the goods from shoe company, in connection with evidence that it was paid, showed title in 'plaintiff and his right to immedi- ate possession of the goods, in the ab- sence of contrary evidence.
 2. Same; qualified refusal; question for jury.-In an action against a cail- road for the conversion of plaintin s goods, a refusal on demand to deliver the goods without the bill of lading therefore was qualified one. the req condolences whereof was question for the jury.
 Heard before Hon. William S. Ander- son.
 Reversed and remanded, Opinion by Denson. J.
 Haraison. Tyson and Anderson. JJ, concur.
The Montgomery advertiser., 1906-03-29
LITTLE MORE THAN $500 IS
 YET TO BE RAISED FOR FUND
seeeeeeeeeeesseeseseeeeee

c J. M Starke., .$ 25.0O q
 Q Cook & Laurie Contract c Q ing Co.,, :. ...... 25.OO . Q Graves-Arnold Furniture c Q Company. .. .. .. 25.oO c v Brown Printing Co.,. .... 20.00 @ = E- s Hugger.. .... 2o.00 q e Bowdoin- -Haygood Car W Q riage Company. .. .. 15.0O c Q Frederick Ausfeld .. 15.0O q Q Dr. J. D. Baker. .. .... 1000 q Q c. A. Grifith.. .. ...... 1000 C Q J. c. Haygood .. .. .... 1000 e Q Diixe Coal Co. 3. .. .... 1000 q e F. S. Persons. .. .. .... 1000 q 0 K. D. Bellamy.. .. .. co. 1000 Q O F. O. Hawkins. .. .... 1000 Q Q Pat McGauley.. .. .. 1000 M Q w. L. Campbell .... .... 1000 q 0 R s. stringfellow. .. .. 1000 c Q M. c. Scott. .. .. .... 1000 Q o Morris M Wolff. .. .. .. 20.0o c Q Bailey Carpet & prapery e c Company. .. .. .. .. 1000 c Q F. K. Taber.. .. ... .. 25.00 e Q T. r. Gibson. .. .... -. 25.00 c . John A. Yung.. .. .s.. 25.00 c e J. D. Burke. =. .. .. .. 1000 q Q Charles Ham,. .. .. .... 25.00 e Q w. c. Pope. .. .. ...... 1000 c
 Q Harry Kahn ...... 1000 c o E. E. Forbes Piano Co.,. 5000 a Q J. T. Coleman. Scey, (coD. 1000 a o Chandler & Powell. .... 1000 0 @ V. H. Tulane, (coI). ...... 1000 Q
 O Total. .. .........$ 715.00 c Q Previously acknowledged. ss,792.5O Q
 O q
 Q Grand total. .. ......s9,437.5O c '..xnamMMmMmm~mM
The Montgomery advertiser., 1906-03-29
HOLLIDAY V. RUTLEDGE.

CDecided November 30, 1905 D-(S9 So.
 Rep. 613)
 1 Landlord and Tenant; landlord s Iien: tools furnished to tenant.-tn- der Code 1896. Sec. 27o3. giving a land lord a lien on his tenants crop for ad- vances of money or other things of value made by him for the sustenance
The Montgomery advertiser., 1906-03-29
OLD SORES 357es 4o ea1azR 15AP

Whenever ulcer does not heal and shows signs of becoming chronic should suspicion because these places lead ordinary first, and is given
 such simple salve plaster with the hope
 trouble blood remedies the will After
The Montgomery advertiser., 1906-03-29

awhile the deadly poison begins to eat into the surrounding flesh and the ulcer spreads rapidly, becoming more offensive and alarming until at last the sufferer finds he is afflicted with Cancer. Generous ulcers often start from a boil, wart, mole or pimple, which has been bruised or roughly handled, showing that the taint is in the blood, perhaps inherited. Anoth
The Montgomery advertiser., 1906-03-29

the World. which is rapidly gaining a national reputation
 Respectfully.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-14
Classified Section
HELP WANTED-MALE
Miscellaneous.
no Y0u REALIZE

5- DO YOU REALIZE sE
* That thousands of banks, lumber companies,
lawyers, real estate and insurance firms, gen
Heral stores, ETC., all over the west need gooo'
reliable help? -
sition In the west right here in the Twin
Cities. We have made this our business for
five years. Write for latest booklet,
which explains our plan fully. .,.,o.u -.
Here are few of the many positions we
have to fll ~
Is Head bookkeeper and cashier, sawmill, Brit
ish Columbia. 81, 200 to $1,000
Secretary for commercial club, good town
: out west; must have experience; 81, 800.
Experienced bookkeeper for lumber, real
estate and insurance business, Colorado: 500.
Bookkeeper, grain elevator, N D., SIS.
Bookkeeper. general store, N. D., SIS. 9.
Assistant bookkeeper, grain, Winnipeg, sos.
Cashier Cashier. city jobbins house. s75
Two experienced railroad clerks, $50.
Stock clerk, wholesale house, S35. as
Two assistant bookkeepers, IS to SO.
Bookkeeper for nearby town, $75.
Office clerk familiar with city, $45. ss,.
Stenographers. - r@-t& &
office. southern minnesota, SIS. -
Stenographer and bill clerk lumber nor tn
ern Minnesota, $50 to $780, good prospects.
Stenographer, lumber, N. D., $50.
Stenographer and clerk, Montana SIS.
Stenographer railroad, out of town, sos.
Stenographer for North Dakota bank, $40
Experienced lumber stenographer, city, $65.
General Store Clerks.
we nave at least fifty positions for expe-
rienced clerks In various parts of the west.
Dry goods clerk, N D., $50.
Scandinavian general clerk N. D.. $50.
Drygoods and clothing salesman who can
trim windows, Mont. department store, $500.
Shoe clerk, n. D., $40
Manager grocery department, Wisconsin
general store. prefer German, $65.
Manager, implement department., Mont,
500.
Norwegian clothing clerk, s. D., $50.
Flannel and lining salesman, st. Paul. $50.
S. A. Morawetz & Co.,
800 kasotn Bldg. Minneapolis.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-14
Laborers.

SEQ RAILROAD LABoRERs WANTED FOR
the west; good wages: free fare; 500 woods
station men wanted so carpenters. bridge car
: penters and pile driver men wanted; cooks
blacksmiths and railroad foremen wanted
ship daily. Call on Western Employment %
: Nos: 11-13-15 LIST It's. Minneapolis -
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-14
GRAND OPENING SALE
OF Railroad Lands.

The lands granted to the Houston &
Texas Central Railway in the beautiful
Sfan Horn Valley. western Texas; $50, 900
acres to be sold.. Division town on the
main line of the Southern Pacific Rail-
way; located in center of lands; all con-
venient to station; with good markets and
sion leaves Oct. 10; S25 round trip; make
prairie; deep. rich valley soil; abundance
of pure water; no stone; no scrub shell
tered by mountains; no hot winds; no
storms: climate IS perpetual spring equal
to California. Farming operations carried
on the entire year. Products are wheat,
corn. oats, potatoes, alfalfa, peaches. APP
pies and grapes. S. a.
Opening prices $3.50 to $3.50 per acre.
but will advance rapidly; easy terms of
payment; low rates of interest; substan-$
t1al encouragement given to actual set,
tiers. Best land proposition now in the \
market. Reliable Representatives want
ed. Liberal contracts made with right
} parties Address: e::A%s IN.
Texas Colonization Company,
Main Office: n ..& ~
bs4 Monadnock block, Chicago, ILL.,;
Branch OFFICES: II :. rGE
433 Andrus building. Minneapolis, Mimi.
GOT Pioneer Fress Bldg, st. Paul. MINI. ;
Room IL, Arcade building, Peoria, ILL.,
Toulon, I'LL: ts@-.,-
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-14
Collectors.

sition as collector or some other office work
for afternoon or Saturdays; age 10; good ref
erence. Address 2S1S, Journal.