davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-06-03
THE EVILS OF
 CONSTIPATION.
Everyone Knows When He is Consti- pated and Everyone Should Know the Risk He is Running When He Fails to Promptly
 Correct it.
Any Disease Epidemic or Otherwise to Which He or She May be Exposed
 Is Sure to Result Seriously.

There are two ways to remove consti- patton; the wrong way is to dreneh the bowels with powerful, gripping, drastic eathartic that injures the coating of the bowel channels and produces an early return of the trouble in more chronic form. The right way is to use natural, easy and mild laxative that tones up and Mrengthens the bowels and leaves a healthful influence behind it. Prickly Ash Bitters will empty the bowels just IS thoroughly as the harsher cathartics' and combines all the tonic and strength ening properties necessary to Perma- nently cure the habit.
 Accent no substitute. Insist on having
 the genuine Priekiy Ash Bitters with the
 large figure in red on the front label. Sold Everywhere HEA1A ALVO'
The Montgomery advertiser., 1906-06-03
MOBILE LIGHT & R. R. co. V. wALsl


 MOBILE LIGHT R. R. co. V WALSH. Action for damages for Injury to pas
 senger-Decided April 3. 1eoe.-(4O So. Rep. 561.)
 1. Appeal; harmless error: admission of evidence.-The admission of evidence as to an element of damage. If error, was cured by the action of plaintiffs counsel, who withdrew all claims for such damages, and so stated to the court and jury before verdict
 9 Evidence; opinion.--The state ment by a witness sworn to know the fact that since the injury plaintiff had not been able to do anything" Is not objectionable because witness is not an expert, as such testimony Is rather a statement of collective fact than an opinion.
 3. Carriers: personal injuries; com parative evidence; alighting from car. The fact that may other places in the city where a great many people alight from cars without injury, were just as dangerous as the place where plaintiff alighted. and was injured, is immaterial. and properly excluded.
 4. Same; stopping to set down pas sergers; care required Ut Is the duty of street car companies to exercise the highest degree of care in stopping its cars for passengers to alight. and in providing a reasonably safe place for them to allght,
 5. Same; injury to passenger: place of alighting; safety; rights of passen- gers.--A passenger has a right to rely upon the implied assurance of safety from an invitation to alight from the car at a point where 1t was stopped after such passenger signified a de- sire to be set off.
 6. Same: same; same; duty of carri- CT and passenger,-A passenger Is not charged with knowledge of whether a place at which the car stops to permit passengers to alight Is reasonably safe. and is not guilty of negligence in alighting at such place. unless it Is ob- viously dangerous, while the duty to know that the place is reasonably safe is upon the servants of the street car company
 T. Same; same; alighting at danger ous place; contributory negligence A passenger who does no more than an der the same circumstances. Is not
The Montgomery advertiser., 1906-06-03
HARRISON v. STATE.


 Murder.-Decided April 5, Iso6.-(40
 So. Rep. 6eS.)
 1. Indictment; variance between counts. The fact that letter in a name resembling an 'I'' was dotted in one count and not dotted in the other count, creates no variance in the counts as to the name of the person alleged to have been killed
 2. Same: repugnancy of counts.-The fact that one count sets out the given name of the person alleged to have been killed and the other count gives the initials only. coupled with an al- legation that the Christian name was otherwise unknown to the grand jury, does not render the indictment denur- rable on account of inconsistency or re- s Same; conclusion --It is not nec- essary to the validity of an indictment that each count shall conclude "asainst the place and dignity of the state of Alabama" and is sufacient if the in- dictment so concludes.
 (. Same; quAshing: grand jury; mis- take in initial; evidenee.--A mistake ih. the middle initial of one of the grand
The Montgomery advertiser., 1906-06-03
RODGERS V. STATE. Murder.-Decided April 5. 1906.--(40 Sc

AuuIucf'-DOCluSo APhAA 1oVu'-NfV oO'
 Rep. 672.)
 1. indictment: motion to quash grounds.-The fact that twenty-three persons were drawn to serve as grand Jurors, instead of twenty-one as re- quired by law, was not good grounds for motion to quash an indictment found by this body. as the error, if any. is cured by Section 5269. Code 1898.
 g. witnesses attendance; compul sorry process; right of accused.-The ac- cused has the right to have compulsory process to secure the attendance of wit nesses, although the matter of con tinuance Is within the discretion of the trial court; but in order to obtain ad- vantage of the courts action. on appeal, the proper motions should have beer made in the court below, and they should be shown by the bill of excep- tions.
 8. Homicide: evidence: habits of de- ceased; knowledge.-It is proper not to permit testimony concerning deceased 5 habit of carrying a pistol, unless 1t is coupled with evidence that the defend- ant knew of this habit.
 Appeal from Monroe Circuit Court.
 Heard before Hon. J. T. Lackland.
 Affirmed. Opinion by Simpson. J.
 weakley. c. J.. Tyson and Anderson. JJ., concur.
The Montgomery advertiser., 1906-06-03

Is in the discretion of the corporate authorities how best to provide a meth cd of obtaining for the corporation and its inhabitants, pure and wholesome water. and they may, by carefully guarded contracts. do so.
 nation of streets by city: mandatory injunction: condition precedent.--Ths contract not prescribing the order ir which the work of constructing the water plant shall be begun. 1t Is not O condition precedent to maintaining a bill for mandatory injunction to require the city to designate the streets to which pipes shall be laid and hydrAnts located. that complainants shall have purchased machinery, located water towers and pumping station. etc. or otherwise begun to perform their part of the contract.
 5. sarne-Under the contract in this case. complainants had the right to re- quire the city authorities to designate laid and hydrants located, and upon failure, on demand. of the corporate au- thorities to do so, mandatory in5unc- tion will lie to compel action.
 G. Same; municipal contract; en- forcement; invalidity of part--The con. tract being valid in part. and invalid enforced, while the invalid cannot
 [. Contracts; enforcement; parties Under a contract made with M and as- soeiates." upon allegation that another Is the only associate of M., such anoth- CT is a proper party complainant to suit to enforce the contract.
 Appeal from Etowah Chancery Court
 Afirmed Opinion by Simpson, !.
 weakiey, c. J, and Tyson and Ander- sor IL. concur,
The Montgomery advertiser., 1906-06-03
KANSAS CITY NJ. &B R. R. co. V.
 SIMMONS.

InJury 10 anlmaIS.--DecIutd ApfI IU,
 1s06.-(40 So. Rep. 573.)
 1. Railroads negligence; Injuries to animals; instructions.--In an action for the negligent killing of an OK on q charge which requires finding against the plaintiff if the jury believe that the OK came suddenly on the track so close to the train that the engineer could not stop in time to prevent the acident, Is properly refused. in that 1t fails to hypothesize the proper equip ment of the train and that the engineer I was keeping a proper lookout for anil rnals on or near the track.
 9. Same; conformity to pleat.-Where 6 the defendants plea alleges that the OK came suddenly on the track from under the trestle. so close to the train that the engineer could not stop the train
The Montgomery advertiser., 1906-06-03
HARRIS v. STATE. Robbery.-Decided April 5, 1906.-(4C

50. Rep. oIl.)
 1. Jury; venire; motion to quash sufficiency.--That a juror on the regu- lar venire. who was drawn but not summoned. was not upon the venire served upon the defendant, who was arraigned and whose trial was set for the week following, is not good grounds for quashing the venire. Un- der Section b005. Code 1s96. a juror drawn. but not summoned. for such subsequent week Is not properly placed upon the venire to be served on the defendant.
 2. Robbery; instructions.-An in- struction requiring an acquittal of the defendant unless the jury believe that he got some of the money of prosecut- or is properly refused, where the in- dictment charges the taking of certain money and pocket book of given val ue.
 Appeal from Colbert Circuit Court.
 Heard before Hon. E. B. Aimon.
 Affirmed. Opinion by Simpson, J.
 weakley. c. J.. Tyson and Anderson. JJ.. concur.
The Montgomery advertiser., 1906-06-03
ANTHONY ct al V. SEED. Ejectment Decided April 10. 1906. --(

So. Rep. STD
 l. Appeal. assignment of error; join . assignm ent Unless the error complain ed of Is injurious to all the appellants 1t is not available to any, when the assignment Is joint.
 Q Trial; instructions; necessity of requesting instructions. If defend ants conceived that they were pretu- diced by any instruction which failed 10 state certain limitations as to time a donor may revoke a parol gift Of land. they should have requested writ ten explanatory charges covering that point.
 charge which asserts that where a tenant holds possession under another as landlord such person is estopped to deny the landlords title. is not objec- tionable as assuming fact about which there was conflict in the testi- mony.
 name of one of the attorneys represent ine the plaintiff was printed on the unper left hand corner of the paper .ub6n which certain charges were writ- fen and given by the court at plain tiff's request. does not render the charges objectionable; especially in the absence of an affirmative showing that inc courts attention was called to inc fact, and a ruling invoked upon
 Appeal from Tuscaloosa County Court,
 Heard before Hon. Henry B. Foster
 Affirmed opinion by Tyson, J.
 Weaklev, c. J., Simpson and Ander- son, JJ., concur.
The Montgomery advertiser., 1906-06-03

boys hair grows one-half slower than a girls In boys the average rate of growth Is three feet three Inches in six years. During his twenty-first and twenty-fourth years mans hatF grows quicker than at any other De- riod.
The Montgomery advertiser., 1906-06-03

According to an exchange the follow ing remarks about Lord Tennyson were recently written by a boy in an English literature class: Lord Alfred Tenny- son was a celebrated poet. and he wrote lot of beautiful poems with long hair. His greatest pome is called The Idle King He was made a lord, but he was a good man and wrote many oads."
The Montgomery advertiser., 1906-06-03

to back to the place designated was made, 1t was a question to be determ- ined by the jury whether the stopping of the car was an invitation, expressed or implied. to plaintiffs wife to alight at the point where the car was stopped,
 2. Same; place for alighting; duty of carrier.--The duty being upon the car rier to know that the place at which its cars stop to allow passengers to alight. Is a reasonably safe place. the passenger has a right to assume that 1t is a reaonable safe place to alight unless 1t is obviously dangerous.
 3. Same; injury to passengers; con tributory negligence--Wheth plain tiffs wife. in getting off at the place and in the manner in which she did under the evidence. which Is in dispute failed to exercise ordinary care and prudence. was a question properly sub mitted to the jury for their determ- ination.
 Appeal from Mobile Circuit Court.
 Heard before Hon. William s. Ander- son.
 Affirmed. Opinion by Tyson, J.
 Weakley. c. J., Simpson and Ander- son. JJ., concur.
The Montgomery advertiser., 1906-06-03
MOBILE LIGHT & R. R. CO V WALSH
 

Action for damages for injuries to wife.
 -Deeided April 3, 1906.--(40 So.
 Rep 5599
 Carriers; injury to passenger; alishting from car; jury question: Plaintiff's wife having indicated where she desired to alight, and the car hav- ing been run past such point before 1t was stopped. and the ev'4or btir in dispute as to whether '-4 rclGalt
The Montgomery advertiser., 1906-06-03

Heard before Hon. Thomas " Cole man.
 "Rehearing denied April 8, 1906. Reversed and remanded. Opinion by Tyson, J.
 Haralson. Dowdell. Simpson, Ander- son and Denson. JJ., concur.
The Montgomery advertiser., 1906-06-03

in time to avoid the accident, charge hypothesfzed upon the facts that the OK came suddenly on the track, but omit ting that he came from under the tres tie, so close to the train that the en- KIneer could not stop in time to avoid the accident, is bad. in that 1t does not conform to the plea, and fails to hy- pothesIzs facts equivalent to keeping a proper lookout, etc.
 g. Appeal assignment of error; waiver, er,-Assignments of error not in- sisted upon by counsel. in brief, are waived on appeal.
 Appeal from Lamar Circuit Court.
 Heard before Hon. s. H. Sprott
 Affirmed. Opinion by Anderson. ].
 Weakley c. J., Tyson and Simpson, JJ,, concur.
The Montgomery advertiser., 1906-06-03
HEAL v. STATE. crime.--Decided April 5. isos<-(4o so

Rep. 571) Bill of exceptions; signing; extension of time; construction.--W the or der extending the time of signing a
 bill of exception read Until 22nd day
 | of Dec, 1905," the time for such signing expired on Dec. 21, 1905. Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haraison. Affirmed. Opinion by Tyson, J. weakley, c. J., Simpson and Ander- son. JJ, concur.
The Montgomery advertiser., 1906-06-03
sNELLGRovE v. EVANS. Detinue.--Decided April s, 1sos.-(4t Hn Par ke71

So. Rep. 567.)
 1. Fraudulent conyeyanees; mort. fide purchaser.-one having a pre-ex- isting debt. who definitely extends the time of payment of same in considefa- ton of the debtor securing same by notice. at the time of the execution of the note and mortgage. of the existence of a lien on the property conveyed, is bona f,de for asq;or yalqs; ana
 3. Same; evidence; suficiency.-An admission made by the mortgagor to- 8 third person. at the time he executed secured by the mortgage. is not suffi: cient to prove the debt, being entitled to no more weight than such recital in the mortgage.
 g. petinue: defenses.-A mortgagee, whose mortgage is suseousnt to the requirement of a lien. and who fails to show that his mortgage was given 1or valuable consiaefarion Hse.a IS eoe cereal a, defendants prior lien coupled with de- fendant's possession of the property.
 4. Same: evidence; admissibility un- der gensrai 'sstS sst,n, sbnwp Sbomps,en tbat dn. Il. fsndant's possession is not wrongful, and that plaintiff is not entitled to immediate possession. under the plea
 5. Pleading; necessity of special plea: waiver.---where the plaintiff failed to object to the introduction of evidence of defendants lien. under the general he ths .asse dsenss ss sg spea
 Appeal from Marshall Circuit Court.
 Heard before Hon. W. W. Haralson.
 Reversed and remanded. Opinion by
 weakley. c. J.. Tyson and simpson. u. concur.
The Montgomery advertiser., 1906-06-03
JACOBS V. STATE. Decided April 5, 19o6.-(4O So Rs

T Ts. Decided April 5, 19o6.-(4O So. Rep.
 572)
 i. Statutes: local acts: notice of in tention to apply.--The affidavit made by the publisher of the newspaper in which the notice was inserted. that the notice contained a copy of the bill pro posed for passage. and containing the other things necessary to be therein stated. was compliance with Sec 10S of Constitution of 1901, requiring notice and proof of intention to pass a local law.
 Appeal from Jackson Circuit Court. Heard before Hon. W. w Haralson Affirmed. Opinion by Anderson, ]. weakley c. J., Tyson and Simpson. II. concur.
The Montgomery advertiser., 1906-06-03
SOUTHERN RY. co. v. PocuE.

Action for injury to animal.--Decided
 April {, lsos.-!to So. Rep. 5Ss:1
 T. Appeal; pieadings; amen amendment; mt; oSjsesiOns; reeordAn 0S5eetion to to eom 5ne plaint should be shown by bill of excep- tion, and where 1t is shown only by the record of the minutes of the court.
 win 1Gs Ss ininTy to on aPpsa
 tion; variance--In an action charging
 the killing of plaintiffs horse. proof
 that the animal killed was mare.
 did, not create nr varianee rsa fatal aiotS to horse includes the female sex of the genus.
 a witness that he saw hair upon the track where the horse was killed, and that the hair looked like the hair of plaintiffs horse, was some evidence of plaintiffs ownership of the horse ad- nnitted to have been injured, suficient
 to require a submission of that aues-
 ''V Same; negiigence-Evidence stat ed in the opinion held to require a submission of defendants negligence.
 vel nen: to the s,rnntyon. iu.y: .-1,.truot,ons which fall to hypothesize the fact that l the engineer was keeping a proper l lookout and could not have discovered the horse earlier. were properly refused | to defendant
 6. same.--An instruction requiring a finding for plaintiff if the horse was killed by reason of the engineer run. l ming the train at such rate of speed
 that 1t could not be stopped within the glare of its headlight. asserts a correct | proposition of law. and if abstract. this | Is not grounds for reversal.
 Appeal from Gadsden City Court Affirmed. Opinion by Tyson, J. Weakley, c. J.. Simpson and Ander- | son. u, concur.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-02-09
FORM PLAYERS HAD
HARD DAY AT ASCOT
But Two Out of Six FayOrites
Come in Under Wire
First.
FIFTEEN TO ONE SHOT
TOOK IN THIRD RACE
Fields We're Large, but of Or
dinary Class; Track, How
ever, Was Fast.

LOS ANGELES Feb. Storm players had
hard day OF IT at Ascot, but two out of tho
six fovoritcs winning FL CaSador at to l.;
w. II Carey. at Is 10 l. and Masedo, at to /.
wero tho outsiders that finished Grst. Tho
felds were large. but OF ordinary clas9.
Weather cloudy track fast. Results;
Thursday Results.
First race. four furlonss-EI Casador, 1oa
SWAIN to / won Jack Gilroy ll5 IBuil-
err to l. third Time. 40 seconds. Komsack
Gulllyer, Kns of Spades, Cclsis. Gamcoird and
DR.. Crock also ran ,-
Second race. Futurity course-Tm Hurst, lO7
tMillcr. to 2 won: Rcquiter. ll0 (Aubuchon)
to /, second Golden Buck. loj PowclD, Q
to 2. third. Time, l:oo7. Prince Magnet
George P. McNear also ran.
Third race miIe-W. II. Carey, l00 tPowelD.
Is 10 !. won; Hermitage. 100 Ckunz). 16 to 5.
second Chancellor Walworth. 81 (Miller), 70
TO l. third Time 1.so4 Mastcrson, Secret
Crowshadc, Conde and Huston also ran.
Fourth race ilve and a half furlonss-Ma-
scdo ll0 CAfulcr). to l. won; Lotta Glad
stono; 90 tNotter, l6 to !, second. Don pomo.
lis CPreston) I TO 5. third. Time. los. La
Gene Felipe Luego Wrenne and Hester ".
Flftn race. mile and nf,y yards-Yelow-
LOG (Booker) TO l. second. Prcscrvator ill
Davis, 10 70 / third. Time, l;4C% Patsy
Brown, PnchucA, Niona, Miss May BowdiSh.
old Mike File d Or. Ding Dong IL. MI Rcina
and Worthwhile also ran.
Sixth race, six furlones-Alsono. ia (Bull-
mani. to l. won Elm King 1l6 PoweD,
to l. second. Regal. 12l DnrlS). 70 l,
third. Time, l:1ih, Shorl1 Bell. Tattcnhnm.
L. c. Runtc. Big InJun. Hirtlc FL Donoso
and St Ninniircdo also ran.
Entries for Friday.
First race. selling. six furlongs-Thc Major
ll2. Line OF Life III, Whoa Bill llO. Rcquitcr
l075 My Surprise lO7 Condo lOj, Chief Aloha
l0i. Hagadon lG Huapnla l02 Miss Anable
l02, salario 1Ol. Ambitious 81 Lady Huron Ss.
Early Hours IS,
Second race. cloven-slxtcenths OF mile
Stengcr Fointcnc lis. Elevation n2. Rublnon
liz, Pleasant Days Ito. Ncritns Einclt 10 Rcd
Tnpo no Arontclus ll0. Mohur l07, Jack Hen
messy lOI, Silent jean l07. Water Wagon l01
Third race. ceiling, mile and onc-SiNteenth-
Josie s. Jewell 80. ParVo a5, File d Or l00
Hoodwink l0e Courant l03 Cheripe l05. DeSa-
Der l05 Josie Wheeler los. NinnHsquaw l07
ChIckndco ll0
Fourth race selling. mile-Hippocrates Ill.
Potrcro Crands lOI Sunrny lo2 Foncasta lOl
sails 90. Cabin 9S, J. F Donohue So Hench-
Fifth race, four furlongs-Blue Bottle lis.
Alonza ~ Sweet Kitty 1l2 Mabel Holandcr
ll2 BlaTchc 1l2. Dainty Mnude 1o5 Stella A.
l05 Arcadia Belle 100. Tom Giroy lo3. Early
Flower 100, Poncmnh 100.
Sixth rnccs selling, mile-Chactas lG2 To-
vannes l0l, Crcston Boy l01, Chos. Greene 9S,
Col II. Palmer sc Col Jewell SO. Elizabeth F.
&c, Chemistry, 9l. Kumlss, 9l, Sccdcakc 81,
Nettic Roth S6.
Weather clear; track fast
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-02-09
Why Many Women Suffer
From Constipation
The Natural Remedy.

The delicate and intricate character
of the female organs make them most
susceptible to irregularity, and Tor the
same reason 1t is most important that
each one should be kept I'm condition
10 perform its functions In n normal
manner. At all Of the special periods
when womanlcnd is performing the
functions peculiar to her sex there is a
decided tendency to sluggIshness of the
bowels Nature then requires 4 gentle
assistant. Not powerful and expensive
drugs, that must be taken at frequent
intervals and are so drastic as TO dam
age the tender lining of the stomach
and bowels and do more harm than
good. but pure and harmless laxative
such as Is the famous Natural Mineral
Water-HUNYADI JANOS-one dose Of
which Will move the bowels gently but
copiously in a natural manner The
dose is Y a tumblerful drunk on arising
In the morning (slightly warmed for
best results), One bottle contains many
doses and costs but trifle at all Drug
gists.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-02-09
GOVERNMENT OFFICIALS
ORDERED To SEATTLE
Duties Outlined of Commission
ers in Investigating VaIen-
cia Wreck.

WASHINGTON Feb. S-Formal direc-
tlons were Issued today by President
roosevelt for an Investigation OF the Va
lehcla disaster, which occurred recently
on the North Pacific coast. The instruc-
tions are contained in letter to Secre-
cary Sletcalf OF the Department of Com
merce and Labor.
President Rooseyelt's letter fo,Ioyyo
White House. Washington. Feb L
Inc Secretary of Commerce. Sir, You
are hereby directed to instruct Lawrence
-. murray, assistant secretary Of COM
nerce and labor. and Herbert Knox
smith. deputy commissioner of corpora-
tions' as we'll as Capt William T, Bur
Wen, U. ). N, who Will for this purpose
oe detailed for service In your depart
ment by the Department OF the NAVY to
proceed to Seattle. Wash md thero
make thorough and complete inycstiea-
lioh or all the circumstances attending
.ne wreck Of the steamer Valencia and
'ne cause or causes thereof
H"y misconduct negligence OF dere-
nGuoh or duty upon the part Of any one
ieieteo thereto and having any bearing
Upon the loss OF life occasioned by said
ul'ae'er VIII be Inquired into. and also.
ds you may direct, to investigate sr,cb
other matters bearing upon the safety 81
elalnc In nayigable waters of the United
states In that vicinity and the efrectIyo-
ness ana sufhcioncy of the present aids
W navigation along said waters and 10
make lull report thereon, with rccom-
,'ehua'iohs Tor such departmental or leg
lsiatiVe action as may be indicated bv
saia report and findings. Very trulv
Sours' THEODORE ROOSEVELT"
Will Start West Thursday.
Messrs' Murray and Smith will leave
se.,,, .oii'oIrow morning and go direct to
seattle. Admiral Burwen commandant
at the Bremerton navy yard, will meet
them on their arrival
IN anticipation of the work OF tho oorn-
MISSION Secretary Metcalf has wired tho
olnelais OF the department In Seattle m
secuIe accommodations for the hearings
dnnoe " nave ready all the testimony, evl-
uehee and the exhibits as described a.
INC inquiry of the local Inspectors