davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-03-07
Aerle of North Rlrmlpghem.

A new aerie of the Fraternal Order Of Eagles wilt be organized at North Birmingham tomorrow night at 7:30 o'clock. Jerry Fountain, the state pres ident and deputy grand president will conduct the ceremonies. which will be held in odd Fellows hall on Seventh Avenue
 It Is understood that large crowd will be present and that many resi- dents of North Birmingham have sig nified willingness to join the Eagles. The order Is steadily growing.
The Montgomery advertiser., 1906-03-07
Alabama at Departm.nt..

Washington, March 6.-(Special. )- Patents issued Thomas H. Aldrich, Birmingham, rsciprocating electric ma chine; Fred K. Dimmick and A. NJ. Ford. Birmingham. machine for form ing pipe cores; Pinkney H. Raspberry. Birmingham. draft rigging
 Rural carriers appointed Columbia, Route ,. Henry L. McGreff carrier, J l.. Ford substitute: Elamville. Route l, John A. Maddlebrooks carrier, Will liam Dunn substitute.
The Montgomery advertiser., 1906-03-07
ConEressman Bankheaa Confident

Congressman John H. Bankhead, of the Sixth District, was in Birmingham today en route from the western part of his district to Tuskaloosa county. He Is confident that he will defeat Capt Richmond Pearson Hobson in the primaries on April 23rd. by large ma joritv than before. When asked about a joint debate between himself and Capt. Hooson he said he was willing to meet Capt Hoson. Congressman Bank head will make q systematic campaign
The Montgomery advertiser., 1906-03-07
Death of Mrs. M q nn,.i.

Eufaula. March 6.--(Special )-Mrs William G. Davis died at her home here today about noon from the effects of paralytic stroke that befell her last Satur.lly. Mrs Davis's condition has been regarded as quite critical since the attack, but the end was not considered so near. She was most excellent Christian woman well known and beloved by all who knew her. She leaves husband and numerous rela- tiyes. She and her husband have re- sided near and in the city the greater portion of their lives
The Montgomery advertiser., 1906-03-07
George wade Convicted.

George Wade white, convicted in the criminal court this morning on a charge of larceny from the person. It is charged that he picked the pocket of a man at the passenger station. Detec- tive Patton and Officer Murphy made the arrest. The victim claimed to have lost something like $9O and more than s75 were found on the person of the
 prisoner. The jury was out less than half an hour. Notice of appeal was given at once
The Montgomery advertiser., 1906-03-07

In the name of her father and moth CT Helen Gould. with the assistance of Elizabeth Altman, annually distributes $500. 900 in charity Probably Miss Gould supports directly and indirectly more charities than any person living. Her donations annually reach 800 or more beneficiaries. Her total dis bursements during the last eight years--and they are all made with business judgment and through a per feet system-reach $i.000. .00O
The Montgomery advertiser., 1906-03-07
EdItor Barreta's Fnther bend.

E. w. Barrett. editor of the Birining- ham Age-Herald, received the sad ads vices this morning of the death of his in Augusta, Ga Col, Barrett was a gall lant Confederate Veteran. In 1861 he raised $ company of Irish volunteers and entered the Confederate service as captain. He rose to the rank of Col onel. Toward the close Of the war he was on General Bragg's staff. The death took place at 4:30 o'clock this morning and MT. Barrett, of this city, left at once upon receipt of the infor- nation for that place to attend the funeral
The Montgomery advertiser., 1906-03-07
WILL MEET HERE.
Convention Called for Twenty-sfxth
 Senatorial District.

Union Springs March 6.--(Special )- The Democratic Executive Committee of the Twenty sixth Senatorial District met at Fort Davis. in Macon County to- day, and decided upon Tuesday, March goth, at Montgomery. Ala, as the time and place for holding the Senatorial convention for the nomination of a State Senator from this district.
 The only candidate for the place is Henry P. Merritt, formerly Of Bullock, but now of Macon County, and he will probably have no opposition as 1t is customary for Bullock and Macon to alternate in furnishing the State Sem ator and Bullock furnished the last one in the person of Hon. Tom $. Frazer
The Montgomery advertiser., 1906-03-07

stock had left the hands of the old holders. There are no changes antici- pated in sthe official family of the Sloss- Sheffield Company.
The Montgomery advertiser., 1906-03-07
Yellow Pine Lumber Company vs R.

Yellow Pine Lumber Company vs Ran dall-Decided November IS, 1905. (39 So. 565.) 1. Statutes; unconstitutionality- General Acts 1903 D. 566. fixing the time for holding circuit court in Wash ington county is unconstitutional ?. Courts; effect of invalidity of sta- tute; jurisdiction.--Courts held at a time fixed by an unconstitutional sta
 tute or without jurisdiction to organ | ize and Judgments rendered thereat are void.
 Appeal from Washington Circuit Court.
 Appeal dismissed. Opinion by Denson, J.; Haralson. Dowdell and Anderson, JJ., concur.
The Montgomery advertiser., 1906-03-07

KilIibrew vs. Mauldin ct al-Decided
 November 30. 1905. (37 So. 575.)
 1. Infants; adverse possession; pos session through others, -- Children through the administrator of their mothers estate, their guardian and agent from the death of their parents in 1889 up to 1903, remained in pos session of certain lands adversely;
The Montgomery advertiser., 1906-03-07

heiu, 10 estaDllsh thelr title by adverse
 possession.
 1 Appeal from Dale Chancery Court. , Heard before the Hon. w. l.. Parks. Affirmed.
 Opinion by Anderson. J.; Haralson, Dowdell and Denson. concur.
 Chandler Bros. V. Higgins, decde6 November 30, 1905. (39 So. Rep. 1. Pleading. harmless error; demur- Ter to special plea.--It Is not error to sustain demurrer to special plea where the defence set up in the special pleas 1 is available under the general issue 2. Sales: bona fide purchaser.--One who takes q bill of sale for personality
 as a sham acquires no title as against
 a subsequent buyer from the person executing the bill ot sale. 3. Same; same; evidence; admissa bility.--It iserror to refuse to permit
 one to prove that the party having a
 bill of sale to personality did not claim
 title to the same and so stated to the i witness before the sale. 4. Estoppel: disclaimer.-one who tells prospective purchaser of per
 sonal property that he had not in fact
 bought the property. although he had
 the bill of sale for 1t, and acting on
 this information he purchases the per- son making the declaration is estopped
 to set up hs superior title under the i bill of sale.
 Appeal from the Bessemer City Court. Heard before the Hon William Jack son.
 Reversed and remanded. Opinion by ! Anderson. J., Haralson, Dowdell and Denson, U.
 Johnson V Citizens Bank. decided No vember 30, 1905. (39 So. Rep. STD 1 1. Appeal; review: presumption,- In an action to try the right of prop
 erty. in the absence of the bill of ex-
 captions showing the. testimony, the presumption will be indulged that the
 jury found the verdict in accordance
 with the evidence and In conformity
 with the statute.
 ?. Execution; trial of right of prop
 erty; verdict.-Under Section 4i42 of the Code of 1896. the real Issue, in a trial of a right of property levied on under execution, is whether the prop erty Is subject to the executions; and verdict finding the property to be thar of the defendant fin the writ and liable to plaintiffs execution, does not render
 the judgment thereon invalid on the
 ground that such verdict fails to ma
 the issue in favor of plaintih in'execu-
 tion.
 3. Appeal: clerical error: correction.
 A clerical error in the form of a
 Judgment may be corrected on appeal.
 A. Judgment; under Section 4144 of the Code of 1896 providing that If the
The Montgomery advertiser., 1906-03-07

Montgomery County ct al Vs Moutgom- cry Traction Company-Decided November 2S. 1905. (39 So. 619l 1. Appeal; proceedings in lower court; compliance with decision of Su- preme Court.-When the Supreme Court dlsmisses an appeal on the ground that the cause has been q moot one. on
 motion in the lower court based on such ground. the lower court should also dismiss the cause. 2. Same; decree, appeaIability- When trial court overrules a motion to dismiss a cause because it has be- come q moot one and enters a final
 decree perpetuating an injunction and decreeing costs against respondent, this is such a decree as will support
 an appeal to review a correctness of the decree.
 Appeal from Montgomery Chancery Court
 Heard before Hon. W. l.. Parks. Reversed.
 opinion by Denson, J.; Haralson, Dowdell and Simpson, JJ., concur.
The Montgomery advertiser., 1906-03-07

held, to establish their title by adverse possession.
 Appeal from Dale Chancery Court. Heard before the Hon. W. L. Parks. Affirmed.
 Opinion by Anderson. J.; Haralson, Dowdell and Denson. concur
The Montgomery advertiser., 1906-03-07
dead-Notes Of the Decisions
 Qf Alabama Supreme Court

ants possession with the nortgagor Held, plaintiff was not entitled to re- cover.
 Appeal from Hale Circuit Court
 Heard before Hon. John Moore. . Reversed and remanded. Opinion by Dowdell. J.. Haralson, Ty- son, Simpson and Densou, U. Ligon vs. the State.-Decided Decem- Der q, 1905. (39 So. 662.) l. Physicians and surgeons: right to practice; osteopaths.-one who prac- tices osteopathy as sole means of healing disease. though he prescribes no drugs, IS within the statutes pro hibiting any person from practicing medicine without certlhcate of quali- flcaton from an authorized board of medical examiners. and imposing a penalty for praeticing medicine with out such certificate
 2. Criminal law; statement of facts; direction of vsrdict.--When a criminal case is submitted on an agreed state ment Of fact, which establishes guilt as matter of law, it is proper for the court to direct a verdict of guilty. without referring the creditability of the evidence in such statement to the jury.
 Appeal from the Mobile City Court.
 aeard before o. J. Semmes Judge.
 q,
 Tyson. Dowdell. Simpson and Dem son, u. 1 Birmingham Railway, Light and Power
 Company vs. T. H. Simmer and
 Company-Decided November 2s, 1904 (S9 So. Rep. 477.)
 l. Trial: motion for continuance: discretion.-A motion for a continuance IS addressed to the sound discretion of The trial court, and unless abused, will not be reviewed by this court.
 Corporations; action of trespass; wlltulness.-An action against a cor poratlon for wantonly and recklessIy injuring plaintiffs property. can only be sustained by evidence of a wilful or wanton act of the corporation it. self.
 Appeal from Birmingham City Court.
 Heard before Hon. Charles W. Fer guson.
 Reversed and remanded.
 Opinion by Dowdell J.: Haralson Simpson and Denson. JJ.. concur.
The Montgomery advertiser., 1906-03-07

Beale " McKee-Decided December 21,
 1905. (39 So. 664.)
 l. Detinue; burden of proof-Where issue Is joined on a plea of non de- tinet in an action to recover personal property, the burden of proof is on the plaintiff.
 ?. same; suficiency of evidence of title.-Thu plaintiff relies for title to the property on a mortgage executed by third person, there IS no evidence that the mortgag gor ever had any title to the property in question, and no ev- idence connecting in any way defend
The semi-weekly messenger., 1906-04-27
IMPORTANT CHANGE IN
SEAB0ARD SCHEDULE

Taking effect Sunday, April 18th
Nos 44-45 was changed as follows,
and will be operated through to Char
lotte and Rutherfordton.
Leave Wilmington 4:30 a. NJ, con-
Meeting at Pembroke with the Atlantic
Coast. Line for the north and at Maxton
for Red Springs and Fayetteville; at
Hamlet with train No. &c for Raleigh
and points nortn; at Monroe with No
53 for local points between Monroe ana
Atlanta, arriving Charlotte 1850 a. NJ,
connecting with Southern Railway
II 35 p. m. for western North Carolina
points; leave Charlotte at 400 o. N
ing with c. & n w. for Hickory and
Railway for Asheville Arriving al
Shelby 6:37 p. NJ, Rutherfordton at
500 p. m.
No. A leaves Rutherfordton $50 L.
m, Shelby 7:45 a. m., Lincolnton 8: II
a. m, connecting with C. & NV from
Lenoir and Hickory; arriving Chac-
lotte 1915 a. N. Leave Charlotte 500
p. M, connecting at Monroe with No
81 from Atlanta, arriving Hamlet at
7:30 D. m, connecting with No IL
from Raleigh and Portsmouth Leav-
ing Hamlet 7:50 p. m. ,AIaxton S:44 y.
M, connecting with A. c. L. from Fay
etteville and Red Springs, arriving
Wilmington 1859 p. N.
There is no change in Nos. 39--40
between Wilmington and Hamlet, with
the exception that they will not be
operated beyond Hamlet, connecting 2
with Nos. SO and Al between Hamlet
and Charlotte No. $40 will have
parlor car between Charlotte and Will
mington, and Nos. 3941 will have
parlor car between Wilmington and
Charlotte, commencing June 1st.
No. 138 will leave Charlotte now at
4:45 a. m, No. 1872 at 7:15 D. m. No.
IL will leave Hamlet at 1850 p. m in
stead Of 10:15 p. m, breaking connec-
ton at Hamlet with No 43, giving
passengers from east and north OF
Hamlet direct connection for Atlanta,
arriving at 6.10 a. m, connecting with
the West Point route for Montgomery
Mobile, New Orleans, Texas and Cali
fornia points; Arriving Birmingham
1856 a. m, connecting with Frisco for
Memphis and points west The latter
will be of great benefit to western and
southwestern travel, giving direct con-
nections, while heretofore it was nece5-
sary to lay over at either Atlanta Or
Birmingham.
| Passengers from Charlotte and
points west thereof can make direct
connection with this train for Atlanta
at Monroe, giving greatly improved
service to the southwest
w. B. ROSE
G. H GATTIS. C. T. A
Travelling Passenger Agent
apr 25 Il
The semi-weekly messenger., 1906-04-27
ROBB DISAPPOINTED
At Result of Blackburn Trial-Holton
in Conference With Butler.

North Carolinians were today very
much interested in the announcement
that District Attorney Holton had ap-
pearei on the scene.
Mr.. Holton called soon after his
arrival at the Department of Justice
and was for some time in conference
with Assistant District Attorney Robb
about the Blackburn case. 1t is said
that Mr.. Robb is very much disa-
pointed over the poor showing made
by the prosecution. He had several
times asserted that the department
had good case.
After leaving the department MIR.
Holton followed the beaten track Of
the organization. Republicans to the
office of Marion Butler and at his ho-
tel tonight the statement was made
that Mr.. Holton had not been seen
since early in he afernoon.-Washig-
ton Special to News and Observer.
The semi-weekly messenger., 1906-04-27

Scientist Says it Was Known That Sa
Francisco Was Dangerously Located

President Charles R. Van Hise, of
the University Of Wisconsin, one Of the
best-known geologists in the country
formerly of the United States Geologi-
cal Survey, says a disaster at San
Francisco has long been expected by
scientists. In signed statement ne
says:
Scientists have known for many
years that San Francisco is danger
ousiy located and would probably
sooner or later be subject to severe
shocks.
"The fear has been repeatedly ex-
pressed that San Francisco would be
the first to show the effect of an earth
quake upon steel structures, for it has
been well understood that San Fran
cisco has the most dangerous location
with reference to earthquakes of any
large city in the United States -
Madison Dispatch.
The semi-weekly messenger., 1906-04-27
Aristocratic Lumber.

Some very aristocratic lumber was
recently MAIDS use of by the Pullman
Company in the construction of dinirg
and smoking cars for a Western rail-
road. The pieces were particularly fine
specimens, and were secured at Rock
ingham Park, an old English estate.
The oaks on this property have been
one of the traditions of the estate.
and were the pride of the country folk
around, but in order to raise money
quickly the proprietor was forced TO
sacrifice the trees, and twenty-seven
were cut down and sold. One of the
sticks obtained by the Pullman Com
pany measured eight feet in diameter.
Daily Industrial News.
The semi-weekly messenger., 1906-04-27
A PROGRESSIVE TOWN
LAGRANGE on the MOve-New Build
ines and Enterprises.

We congratulate our sister town
LAGRANGE on the evidences of pros
perity that she is manifesting.
Our correspondent from that place
55nforrls us that it is now an assured
fact that the town is to have a S10.-
900 stemmery, also a $500 graded
school building, and a $4,000 addition
to Rouse's buggy factory. These
announcements speak for themselves
and show that the business men of
LaGrange are fully alive to their op-
portunities
Such rapid strides forward are 20
be greeted with pleasure anywhere,
and especially in any section of Lc-
noir county.-Kinston Free Press.
The semi-weekly messenger., 1906-04-27
Messenger Bureau.
Raleigh, n. c.. April "a, 1906.

Raleigh, N. c.. April "a, 1906.
The revenue officers have been on
some raids during the past few days
and one of them. in a swamp in Har-
nett county, captured a still which he
says is the smallest outfit he has ever
seen, being of only twenty gallons ca
pacity. 1t was apparently made up
from pieces cut from stills which bad
been destroyed.
Today at noon the committee on the
auditorium here held a very important
meeting. The site for the auditorium
was purchased some weeks ago and it
is next to the Academy of Music. the
location being very convenient and the
space ample. Raleigh has been great
ly handicapped for many years be-
cause of the lack of an auditorium
One could be built that could be used
as a skating rink and thus made quite
profitable during the winter months.
This evening the chamber of COM
merce took up in detail the question OF
enlarging the city limits of Raleigh. A
proposition to so extend was voted
down several years ago but since then
various things have happened and
tnCl = uldy DC d uiH6EtllI cOuIS SC IdhCu
in case an election is ordered
Governor Glenn has received an in+
vitation to a banquet at the Airing
ton Hotel at Washington next month,
given by Speaker Cannon of the house
of representatives ON his SEVENTEEN
birthday.
Charters are granted the White-Wii-
liams Company, Of Saxahaw. Ala
nance county, to manufacture cotton
yarns and cloth. the capital stock
being 100000, and j. Harvey White
B. J. Williamson and E. II. Wilkinson
being the stockholders. Others chart
ers are granted The Elkin Creamery
Company, $4,000 capital stock; the
LAGRANGE Tobacco Stemmery Com
pany, incorporated, $4,000, and the
Twin City Grease Company, of Win
ston-Salem, $685. 900.
Very elaborate arrangements are
being made for the midsummer music
al festival here which is to be- given
at the great meeting of the teachers
in June. There will be a chorus Of
$50, an orchestra of 230 and ten SOLO
lists, including four very noted people
from New York Two years ago such
a festival was held and was a very
great success.
The semi-weekly messenger., 1906-04-27
ELECTION WAS FAuDULENr
More Votes Cast Than There Were
Legal Voters In the Graded School
Tax Election I'm Beaufort

The Journal is informed that the re-
port in Fridays issue concerning tie
election on the school tax question In
Beaufort was incorrect We went to
considerable pains to get the report
and believed that it was authoritative.
Instead of the vote being rs against
the tax proposition it was 40 in favor
of it; the vote being 159 for and 119
against.
Developments show, however, that
the election was fraudulent as there
were more votes cast than there are
legal voters in Beaufort This being
the case the winners not wishing 10
accept the victory on which the stigma
of fraud rested instructed the Board
of Registrars and judges to adjourn
until Monday to declare the election
null and void and to make arrange
ments for another election.
The election was one of the most
exciting times ever seen in Baufort in
an occasion of this kind and the ex-
citement still continues.-New Bern
Journal.
The semi-weekly messenger., 1906-04-27
Is The Moon Inhabited.

Science has proven that the moon
has an atmosphere. which makes life
in some form possible on that satellite
but not for human beings, who have a
hard enough time on this earth of
ours: especially those who don't know
that Electric Bitters cure Headache
Billiousness. Malaria. Chills and Fever
Jaundice. Dyspepsia, Dizziness, Torpid
Liver. Kidney complaints, General De
bility and Female weaknesses. Un
equalled as a general Tonic and Appe
tiZer for weak persons and especially
for the aged It induces sound sleep
Fully guaranteed by r. r. Bellamy
Druggist. Price only soc.
The semi-weekly messenger., 1906-04-27
Human Blood Marks.

A tale of horror was told by mark
of human blood in the home of J. W
Williams, we'll known merchant
Bac, KY, He writes: Twenty year
ago I had severe hemorrhages of the
lungs, and was near death when I be
gan taking DR.. Kings New Discovery
It completely cured me and 1 have re
mained we'll ever since.' It cures Hem
orrhages, Chronic Coughs, Settle,
Colds and Bronchitis. and is the only
known cure for Weak Lungs. Every
bottle guaranteed by. R.. r. Bellamy
Druggist, soc and S1OO Trial bottl
The semi-weekly messenger., 1906-04-27
BE Consistent When You Can:


Good advice is usually something,
which old men give young men when
they can no longer give them bad
example, but they are now emphasiz-
ing their words by their deeds, by
buying Lots in Carolina Place at
,ground-foor prices. If you will go out
TO that addition now you will see how
rapidly The American Suburban Cor
poration carries out its every guaran-
tee It's labor roll for the past three
weeks includes one hundred and twen-
ty q20) men and disbursement OF
$4,000. Do not permit the urgency OF
other business prevent your buying
one or more good Lots at once-before
the best ones are all gone. There are
still number of good Lots from
which to select ap "a 3t*
The semi-weekly messenger., 1906-04-27

Living indoors so much during the
winter months creates a sort of q
stuffy, want-of-oZOne condition in the
blood and system generally. Clean up
and get ready for spring. Take a few
Early Risers. These famous little pills
cleanse the liver, stomach and bowels
and give the blood a cnance to purify
itself They relieve headache, sallow
complexion, etc. Sold by r. R. Bel
lamy
The semi-weekly messenger., 1906-04-27

At the Indiana republican convention
Senator Beveridge asserted that Roose-
velt was divinely chosen to lead
the nation There is the old lie about
the divine right of kings to rule hob
bing up again. Our ancestors thought
they shot the idea to death in the war
of the Revolution, but it still lives and
strives for domination. A seator who
makes such an assertion is a traitor
to the republican government.-Appea
to Reason
The semi-weekly messenger., 1906-04-27

If you ever bought box of White
Hazel Salve that failed 10 give salts
faction the chances are it did not have
the name ''E. c. Dewitt & CO.. printed
on the wrapper and pressed in the box
The original DeWitts Witchel Hazel
Salve never fails to give satisfaction
for burns, sores, boils, letter, cracked
hands, etc. For blind bleeding itching
and protruding Piles it affords almost
immediate relief. 1t stops the pain.
Sold by R. r. Bellamy.
The semi-weekly messenger., 1906-04-27

Governor Glenn has recently spent
four days in the good roads campaign.
The governor could hardly employ
his time to better advantage than by
trying to convince the sceptical OF the
value of good roads.-Winston Senti-
uel
The semi-weekly messenger., 1906-04-27

The spirit the Americtn people.
have shown in contributing to the aid
Of the sufferers of the stricken city of
the west is worthy of long comment
Americans are always ready to rush
to the rescue Of those in danger, to
minister to the wants of the afflicted
and to succor those in distress and no
better spirit could be shown. No coun-
try is in great danger when such a
spirit is abrOad.-CharlOtte News.