davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03
PRECIOUS STONES.
Qualities Which Give to Them Their
Chief Value.

The qualities for which precious stones
are mostly priced are luster, transpar-
ency, refraction and dispersion of light,
although. Of course. scarcity and demand
are the principal factors IN determining
the market prices. For instance. the
emerald today is treble the value It was
only a few years ago. This is partly
caused by the greater demand. hut more
on account Of the state of war in which
the eountry-viz. Colombia, from which
the emerald principally come-is now en-
gagged. thereby rendering it most difficult
for those engaged In the industry To
procure them, says Mines and Minerals.
The emerald mines OF Colombia, at Muzo
and Coscuoz. near Bogota have been
worked almost continuously since 150s
and have been the means of supplying.
the world with most of the emerads in
modern times. There were mines i'm upper
Egypt which yielded this gem to the ma
tions of antiquity. but were lost sight of
from the time of the Mahommedan con-
quest until quite recently, when some
attempts at working them were made.
The emerald mines in the trails were
not known until the eighteenth century
and though they yielded fairly good
material for a time their importance Is
not great, as the stones are not of good
enough quality to pay the rate demanded
by the government from the lessees. but
they were reopened In 1900 by syndicate,
with little success, as far as can be
learned.
There are many stones holding the quail
titles first mentioned in a high degree, but
they are little known because. in the first
place. they are to be obtained in larger
quantities. and the people engaged in the
stone trade cannot therefore make the
profits they are able to with the scarcer
xxrI,f1 f.n1a Of tloit ul N n 90
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03
$500 CouChes for $500

upholstered leather mahogany all
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03

CHEAPEST FURNl-
TURE HOUSE IN
BIR M IN G n A M.
BOT PHONES:
p E Cpl ES 1913;
BELL 1899.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03

'aper reveals. under the microscope
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03

and presumably lesser value they have
been given to the native cutters, who
do not understand the laws of refraction
and reflection, to operate on. with the
result that they are put on the market
and eventually mounted in jewelry look
ing like various colored acid drops and en-
tirely lacking brilliancy and those sharply
defined facets which give that reflection
which is the chief charm and makes evil
dent the great difference between the real
stone and its limitations.
The last few years have witnessed the
great strides which the various fancy
gems have made in the public favor, not
ably when used In neck chains. At pre-
sent these are being made up in all man
ner OF colored stones, and If the manufac-
turer gives as much attention to the cut
ting of the stones as he does to the MAX
ing of the settings he can produce a real
" delightful ornament.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03

Policies issued by "old
line" companies on Tontine,
accumulative and deferred
distribution plan purchased
at higher prices than com
panies pay. Bring policies,
save time. Cash paid. P. w.
Hall, National Bank Build
ing. Phones 698.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03
Slams of the southerner.

From the New York Press.
II thought | had been in New York
long enough to acquire New York ways
and learn the New York language, "
said the southerner, but | have dis
covered that there are a few changes
TO make yet. I walked into depart
ment store the other day, and walking
up to the haberdashery counter. said
10 the girl Give me a four-ln-hand tie
While I was waiting for my change
she looked me over critically from
top to bottom, and said, What part of
the south are you FROM
81 thought would. have a little fun
with her, and so | answered: Me?
Why, I'm from Waterbury, Conn
law, gwan,' she said. Where dyer
git that voice an hat?"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03
Considerable.

From the Milwaukee Sentinel.
MY dear you have been using my
new razor to sharpen your lead pen
Gil with again"
Il know George, but it was a soft PEN
eli. / bought the softest one l could
find just on that account."i
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03
Mrs. WinsloW's SOOTHING Svrun

The best remedy for DIAPRHOEA. Sold
by druggists in every part of the world.
Be sure and ask for Mrs. Winslow's
Soothing Syrup" and take no other kind.
Has been used for over FIFTY YEARS
by MILLIONS OF MOTHERS for their
CHILDREN WHILE TEETHING, with
PERFECT SUCCESS. 1t sOoTHS the
CHILD. SOFTENS the GUMS, ALLAYS
all Pain, CURES WIND collie, and Is
twenty-five cents a bottle.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03
The Vidal Method.

By the method known as the Vidal
reaction. employed in typhoid the cul-
ture furnishes a further method of iden-
tihcation. A particle of matter SUD-
posed to bear the germ of typhoid is
taken from the suspected patient and
put with a small quantity of pure typhoid
culture. Very quickly any doubt is re-
moved by the microscope, which, in event
of true case of typhoid, will reveal the
bacilli dumped together in single col
ony. When there is no infection in the
sample of material. the microscope shows
the typhoid germs like straight bits of
broken stick scattered and separate
The incubator contains other prosper
Gus families of microbes besides the ba-
cilli of typhoid. 1t is warmed to blood
heat by lamp that, like the lamp of
the sanctuary, never goes out, and in
its grateful atmosphere live and thrive
and multiply in their small glass con-
taining-tubes the deadliest enemies of hu-
man kind. If ever death were to be seen
In tangible form, it is here. bottled. A
cloudy smear over the gelatin in the
test-tube may mean a myriad of diph-
theritic bacilli or countless sprilla of
cholera. If the microscopes eye be put
to a specimen of dphthera culture it will
real a network of detached rods, some
times tied up In square bow-knots The
cholera germ appears like a larger rod
crinked. The Bacillus tuberculosis is
like a straight hair in detached, scattered
bits; the lock-jaw germ resembles a pin;
the diplococci of pneumonia are like ber-
rles in pairs. whence their name-and so
1t goes, each known microbe having dis
tinction and name.
Equally practical in their everyday APP
plcation are the microscopical investiga-
tons of the general laboratories, and that
of the city board of health Water exam
nations are made, and drugs and foods
and manufactures tested for deleterious
admixtures. Adulterated spices and teas
are readily detected by the microscope,
consisting, as they principally do, of stems
and foreign leaves. Butter is distinguish
ed from oleo by the arrangement of its
crystals. as lard is from beef-fat by their
size and shape, In the composition of
cheap jams the microscope reveals a.
frequent use of the dried pups OF apples.
distinguishes real stra wberry or raspberry
products from their well seeded limitations
The adulterator must be subtle indeed II
he would bury his fraud deeper than
the microscope can penetrate or chemical
process divine.
Paper Under Microscope.
Paper reveals. under the microscope
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-03

The best haf-tone cuts are made by
the Gawk Engraving company. Age.
Herald Building.
The Birmingham age-herald., 1906-05-23

Urine, adopting practically the language. as well as the views, of the Texas court of civil appeals in the case of Landa vs. Latin.
 The supreme court of Texas, however, in the year 1902, on appeal from the court of civil appeals, absolutely reversed the decision of the latter'i in the case of Landa vs. Latin and distinctly holds that the bank does not warrant to the payer of a draft the quantity or quality of the goods mentlonedrin the bill of ladlng. It repudiates the doctrine that the purchaser of the draft to which bill of lading is attached becomes bound to perform the contract of the vendor. and it emphasizes the fact that when a bill of exchange Is accepted the holder of the bill acquires an additional right against the acceptor. The supreme court of Texas holds that the rule of commercial law Is thoroughly established, that one who has accepted or paid a bill of exchange drawn upon him cannot defeat his acceptance or re- cover the money paid because there was no consideration, or that the consideration has failed between him and the drawer when the payee bought from the latter for value without notice of defense. It calls attention to the fact that the true question in cases of this kind is whether or not money so paid upon bills of ex- change can be recovered as having been paid by mistake, which Is negatived by the rules of the law merchant, and not whether or not there has been breach of contract by the holder who never has a contract with the drawee of a bill of exchange until the latter honors it.
The Birmingham age-herald., 1906-05-23
LORING SPRINGS.
Mentone, Ala.

Ment0ne, Ala.
 Lookout Mountain. 2500 feet altitude. Chalybeate and freestone water; fishing, hunting, bathing, boating, driving. ten pins, croquet and other amusements.
 CHAS. A. LORING, Prop.
The Birmingham age-herald., 1906-05-23

contention that by diseounting the draft with the bill of lading attached, it thereby assumed the contract of the shipper and became responsible to tho purchaser of the cotton for both its quantity and quality. In other words, for the sake of S1 or N. % per thousand exchange, amounting on a shipment of 100 bales of cotton to from So to $7.5O the bank is supposed to know just what the shippers contract was; whether he was to deliver good ordinary or strict middling cotton; must guarantee that the grade of cotton Is delivered that has been contracted for; and must guaran- tee full wheights.
The Birmingham age-herald., 1906-05-23
For Road SupervIsor.

To the Democratic Voters and Citizens or Jefferson County:
 I am a candidate for reelection to the office of Road Supervisor, subject to the action of the democratic party.
 J. ED HAIGLER.
The Birmingham age-herald., 1906-05-23

hereby announce myself a candidate for sheriff of Jefferson county subject to the action of the Democratic primary, August 27 1906 HUGH McGEEVER.
The Birmingham age-herald., 1906-05-23
ANNOUNCEMENT
For Sheriff.

I hereby announce myself as a candidate for the office of sheriff of Jefferson coun- ty. subject to the action of the demo- cratic party, in the forthcoming primary.
 ALBERT STRADFORD.
The Birmingham age-herald., 1906-05-23

think one of the best examples of the fal- lacy of this doctrine of purchase that I have heard is this: Suppose Jones of Alexander City should contract to sell Brown of Anniston the contents of a corn crib located at Alexander City, 1t being represented by Jones that he had 1000 bushels of f1rst-class corn. and that the crib was securely locked and could be opened only by means of a certain key Suppose that Jones agrees to sell Brown the contents of this crib at 40c per bushel just as it stands and 1t should be ar ranged that Jones should draw on Brown for $40O with the key of the crib attached to the draft He goes to the bank In Alexander City and makes the draft. att taches the key and receives the money. The Alexander City bank sends the draft with the key attached to the bank in Anniston and 1t is paid and the key sur rendered. Then Brown goes down to Alexander City and unlocks the crib with the key that he received when he paid the draft, and finds that instead of there being 1000 bushels of No. corn in the crib, that there are only 800 bushels of badly damaged corn Would any Judge hold that the Alexander City bank was re- sponsible to Brown of Anniston for the quantity or quality of the corn in that crib as represented by MT. Jones to MT. Brown? So 1t is with the bill of lading. No court could hold that the key to the crib was the corn: it is simply the means of getting access to the corn. The bill of lading that the purchaser receives for tho goods and it's shipping contract Is simply the means of getting a commodity that has been shipped. It Is the key that un- locks the freight car
 Most Important Question.
 do not know of any question now be- fore the people of Alabama that con- cerns their financial and commercial in- terests more vitally than does this matter of a banks liability on bills of lading. and I believe that the farmer and tho country merchant, the cotton mills and their labor. are even more concerned than the banks themselves. for If this doc trine should finally be held to be law in this state the banks can at least protect themselves by refusing to touch bill of lading lust as they would a rattle-snake. but the resulting derangement of busi- ness, tightening of money rates, incon- venience and direct loss to the men who prodice and handle the crops and com modities of this state would be beyond calculation
The Birmingham age-herald., 1906-05-23

I hereby announce myself AS eandi. date for the office of Sheriff of Jefferson county, subject to the action of the democratic party. J. F. STILESI
The Birmingham age-herald., 1906-05-23
BLOUNT SPRINGS

This famous summer resort is open for the season. Hotel under new management For full particulars, rates and descriptive phamplets ad- dress MABSON & WEST,
 Blount Springs, Ala.
The Birmingham age-herald., 1906-05-23

hereby announce myself as candidate for the office of Road Supervisor of Jeffer- son county subject to the action of the democratic party. JOE HILL.
The Birmingham age-herald., 1906-05-23
Most Important Question.

Tired and nervous women Ind help In Hoods Sarsaparilla. It enriches their blood.
The Birmingham age-herald., 1906-05-23

Joe s. Davis is candidate for road supervisor of Jefferson county, subject to the action of the democratic party. Will appreciate as much as anyone your sup port, and If elected will strive hard to do my whole duty. Inquire of those who know me as to my ability and in- tegrity
The Birmingham age-herald., 1906-05-23
States Dissent.

The supreme court of Nebraska holds in the same manner in the case of Ger man-Ameriean Savings bank vs. Craig, 96 N. w. 1923. The supreme court of Kansas holds likewise in the case of Hall vs. Keller, 67 Pac, Rep. 51S. In this case the contention was made that a bank by it's act of cashing a draft pay able to it's order with bills of lading att tached became the owner of the property and undertook to carry out the contracts made by the shipper with the consignee. The court said in part: We are not fa- vorably impressed with the logic of opn ions in the cases referred to Uanda vs. Latin and the North Carolina and Miss issippi cases.) We think their weakness lies in the fact that the banks are treated as purchasers Of the goods. This could not be true. for the property shipped had all ready been sold to the consignees. the acceptors of the drafts. and the legal ef feet of the acceptance of such negotiable paper in the hands of an endorsee for value at the time seems to have been overlooked. The rule of the law of com mercial paper Is applied to the effect that after the holder of a negotiable draft with bill of ladlng attached has secured an acceptance of such draft by the drawee and consignee he cannot be affected by any equities existing between such con signee and the seller of the goods" The supreme court of Massachusetts subscribed to this doctrine in the case of Arpln vs owens, 40 Mass, IA
The Birmingham age-herald., 1906-05-23
Stafford Springs.

The hotel at this famous spring is open for the season. For full particulars, rates and pamphlets, address
 COLBURN-MORGAN & CO.,,
 Vossbure Miss
The Birmingham age-herald., 1906-05-23

Col. W. W. Shortridge of Ensley author izes the announcement of his candidacy for representative to the legislature from Jefferson county. subject to the action of the democratic party in primary to be held August 27. 1908
The Birmingham age-herald., 1906-05-23
Pine Beach Hotel,

Pine Beach HoteI,
 Pine Beach, Virginia. Twenty minutes by trolley from Norfolk, Va. Resort finest, coolest, healthest re- sort or coast. combining every modern comfort and convenience. Bathing, boat ing fishing; 25oo feet board walk along shore Write for booklet.
 VIM. C. ROVER, Manager. Iustrations. Aqe-Herald Building.
The Birmingham age-herald., 1906-05-23

Jere Clemens King, of Birmingham, au- thorizes the announcement of his candi- dacy to represent Jefferson county In the next legislature, subject to the &C., ton of the democratic primary on August
 27. 19O6
The Birmingham age-herald., 1906-05-23
For Representative.

hereby announce myself as a candidate for the office of representative from Jef- ferson county to tho lower house of the legislature, subject to the action of ths democratic primary.
 w. D. URQUHART.
The Birmingham age-herald., 1906-05-23

The Age-Herald is authorized to an announce pr. M. c. Ragsdale, of Me- Gala. as a candidate for representative from Jefferson county in the next legis lature, subject to the action of the demo- cratic primary August 27, 1906
 I am a candidate for the democratic for representative fin Alabama legislature from Jefferson county.
 SAMUEL WILL JOHN.
The Birmingham age-herald., 1906-05-23
Serious Restraint.


 The concluding words of the opinion of the supreme court of Kansas just refer red to are as follows: ITO fix a liability upon the bank under the circumstances of the present case would not only vio- late we'll settled rules of the law gov erning commercial paper but would also tend to decrease the immense volume of business which is carried on by shippers of stock, grain, and other commodities by restricting that freedom with which banks advance money to the drawers of such drafts with bills of lading attached. If banks in whose favor such bills are drawn are made liable for damage on account of defective quality of the prop erty shipped and covered by the bill of ladlng, or for failure of title in the drawer of the draft serious impeachment would be placed in the way of shippers who need a part or all of the price of the commodities sold before arrival in the market to which consigned. To hold with the plaintiff would undoubtedly cause a revolution in commercial circles"
The Birmingham age-herald., 1906-05-23
At Variance With Law.

The supreme court of Iowa has handed down a strong and clear cut decision along the same line in the ease of Toler ton vs. Anglo-California bank S4 N. w. 930. The doctrine of the Texas and North Carolina cases is shown to be unsound In principle, the Iowa supreme court say ing The two cases cited (referripg to those above mentioneD stand alone in holding the purchaser of a draft with a bill of lading attached liable on a war ranty made by the assignor, and the line of reasoning pursued to reach this con clusion is so at variance with elementary principles of law that we decline to &C., cept the rules they announce.
The Birmingham age-herald., 1906-05-23
The Haas Case.

In December, 1903, the supreme court of Alabama, in the case of J. c. Haas & Co. vs. the Citizens Bank of Dyersburg, Tenn, involving about $25, on a division, decided on demurrer that a bank purchas- ing draft with bill of lading attached warranted to the consignee the quantity and quality of the goods represented by the bill of lading. It seems that one klyce, of Dyersburg, Tenn, sold some cabbages to J. c. Haas & Co. of Montgomery. Ala, making draft on them for the amount of the invoice and attaching thereto the bill of lading for the cabbages. He negotiated this draft with the Citizens Bank of Dy
 ersburg who forwarded it for collection to a bank in Montgomery. Haas & Co. paid the draft, receiving the bill of lading from the Montgomery bank, who made remittance to the bank at Dyersburg, and shortly afterwards it appearing that the cabbages were damaged, Haas & Co. made claim on the Citizens Bank of Dyersburg and the bank declining to pay the claim, suit was brought in the city court of Montgomery. which was decided in favor of the bank On appeal our supreme court decided on demurrer in favor of Haas. This case is now before the su- preme court on it's merits and 1t Is well for the bankers of Alabama to consider the consequences that will ensue should the court adhere to it's original decision.
The Birmingham age-herald., 1906-05-23

Anniston. May g. Especial )-Presldent W. P. G. Harding of the First National bank of Birmingham addressed the Ala bama Bankers association in this city fOht
The Birmingham age-herald., 1906-05-23
How Banks Are Affected.


 Let us consider the attitude in which the banks of Alabama would be placed should this doctrine prevail in this state. As we have seen, the Alabama banks handle each year about $100,00,OO0 worth of drafts to which bills of ladilg are attached. As far as the national banks are concerned, 1t Is ultra wires for them to purchase com nodes or to guarantee contracts; yet should our supreme court adhere to the opinion already handed down national banks would be placed in the position of violating their charters with each trans action of this kind that they had. know of one bank in Birmingham that handles each year in the ordinary course of bus- ness drafts with bills of lading attached for more than six millions of dollars, the only consideration being a reasonable ex- change on the drafts. Suit has lately been filed in one of the state courts against this particular bank for damages in transaction where shipper negotiated through the bank draft for about $4s00, to which was attached a bill of ladlng for 100 bales of cotton, the weight, subject to correction, being stated thereon as 5000 pounds The parties in this suit being domicled in different states, 1t would ordi- narily have been brought in the United States court, but the plaintiffs attorneys knowing that 1t would have no standing there availed themselves of their rights and filed the suit in the state court in or der to get the benefit of the remarkable doctrine laid down in the Haas case. The shippers contract with the purchaser was that draft was to be made through this bank with bill of lading attached, and that the draft was to be paid upon It's pre- sentation and surrender of the bill of lad ing When the cotton arrived at it's desti- nation after the payment of the draft. and after the bank who had handled the draft for collection only, had accounted to the shipper for the proceeds it was found to weigh approximately 25,0O0 pounds instead of 10000 pounds. The common carrier who issued the bill of lading, although it re- ceived full amount of freight that would | be due on 5000 pounds, has been held not liable on the theory that 1t delivered all the cotton that 1t actually received, and suit is brought against the bank on the
, 1906-02-06
MoNDELL AND THE OPENING.

In a letter to the president of the
Fremont County club, Mr.. A. d. Lane,
Congressman Mondell says thai lit
would be little short of a calamity If
the railroad were not through to Ian
der and in good running condition at
the time of registration, which will &C
cur early in May, and while | much pre-,
fer not TO be called upon to endeavor
to secure a postponement. | can see
where 1t might be to the interest of In
coming settlers and to the people of
Lander to have a little later date for
the opening in order to insure the COM
pletion of the road into your town by
the time when the registration should
begin"
At a matter of face, those in a po-
sition to know say It is a physical i'm
possibility for the Northwestern to
complete its line to Lander by May l.,
or even by June 10, but the people ov-
er there are certainly entitled to their
say and they demand that no postpone
ment shall be had. If the roads are
not there and the people are disap'
pointed, they will at least not be In a
position TO say that they did not get
what they asked for.