davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-04-05

the court at the close of plaintiffs case
 instructed the jury to find for defen-
 dant, if they believe the evidence, the
 error if any, in ruling that juror was competent was harmless; the jury having had no function to perform in the case.
 9 Master and Servant; Injury to Em- ploye: Complaint. complaint in an action for injuries received by an em- ploye. which fails to aver the relation of master and servant. or to show any
 duty owing to plaintiff by defendant, or to negative the theory that plaintin was a trespaser at the time he receiv- | ed his injuries, is bad.
 g. Same. complaint in action for | injuries received by an employe in consequence of a defective appliance. which fails to allege In what the de- | feet consisted, is bad.
 f. Same A complaint in an action | for injuries received by an employe in consequence of defective appliances should aver that the defect arose | from or had not been discovered or | remedied because of the negligence of l the employer, or of one in his service ] charged with the duty of seeing that 1 the machinery was in proper condition. 1 5. Same Instructing and Warning l Employe: Duty of Employe. Where an
 employe + years old. we'll developed | physically and of reasonable intelli- ! gence, was not unfamiliar with the work in a sawmill he was employed to | do, and had worked at the sawmill business before and knew the danger
 of the employment. the employer was | not chargeable with the duty of in
 structing him as to the work or warn | ing him of danger incident thereto. ! Appeal from Escambia Circuit Court. | Heard before Hon. J. c. Richardson Affirmed. Opinion by Dodwell J. | Tyson, Anderson and Denson, JJ., l concur.
The Montgomery advertiser., 1906-04-05
PHILLIPs ct al v. RYNUM ct al.

PHILLIPS ct al V. BYNUM ct al. Contest of Stock Law Election.-(De-
 cided Jan. g. 1s0s.)-(39 So Rep.
 911.)
 1.--Statutes; Field of Operation The act approved September 20, 1903, General Acts 1903, p. 431) providing for an election by precincts to estab- fish stock law districts, or to repeal districts already established. contain ing, as it does. a provision that nothing in said act shall repeal any local stock law heretofore enacted. gives a field of operation for both acts in a county having local stock law act not in- consistent with the terms of the gener- al act.
 2.--Same; Validity of Election.-Un- der the provisions of the act approved Sept. 29, 1903, General Acts 1903. p. 431) an eelction to repeal existing stock law in any portion of a county less than a precinct is without author. ity of law and void.
 3-EIections; Contest; Jurisdiction to Entertain.-A commissioners court is without jurisdiction to entertain a con- test of an election held without author ity of law, and consequently void
 Appeal from Blount Probate Court
 Heard before Hon. John F Kelton.
 Opinion by Tyson, J. Reversed and Remanded.
 Tyson. Dowdell and Anderson. JJ. concur
The Montgomery advertiser., 1906-04-05
FRATERNAL UNION OF AMERICA V.
 ZIEGLER

ZIEGLER.
 Action on Insurance Policy.-(Decided ed
 Dec. 21. 1s05.)-(39 So. Rep. 751.)
 1.-1nsurance; Certificates; Subse- ouent By-laws-By-laws enacted sub sequent to the issuance of insurance certificate. affect said certificate. when the same provides that the insured should be subject. not only to the exist ing laws of the association. but also to such as might be thereafter adopt ed. provided such bylaws subsequently enacted were within the charter powers ot the association. and did not violate the laws ot the State, or impair the ob- legations of the insured's contract.
 2.-Same; Reasonableness.-Ab bylaw Of Mutual Benefit Association which provided that in case of death by sui- eide of any member thereof, the asso- citation should pay only one third of the amount for which said member was Insured, Is reasonable one
 3.-Constitutional Law; Impairing Ob- ligations of Contract; By Laws Where the benefit certificate issued to insured. provided that 1t should be in- contestable after two years, and also contained the provision that the mem Der accepting It should be subject. not only to existing laws, but to all by laws subsequently, adopted. and at the time of the issuance of the certificate the bylaws provided that in case of suicide the member forfeited all claims to any benefit under the certificate, but more than two years thereafter the as sociation adopted another bylaw pro- viding that in case of suicide the asso- citation should pay third of the in surance. such subsequently, enacted by law was applicable to the certificate. and was not objectionable a impairing the obligation of insured's contract.
 Appeal from Butler Circuit Court.
 Heard before Hon. J. c. Richardson.
 Reversed and Remanded. Opinion by Dowdell J.
 Haralson and Anderson, JJ., concur.
 Tyson and Denson, JJ., concur In the conclusion reached without being com mitted to all that is said in the opin- ion.
The Montgomery advertiser., 1906-04-05
Head-Notes Qf the Decisions
 Qf Alabama Supreme Court

SOUTHERN R. R. co. V. BRANYON (Decided Nov. 21. 1905,-(39 So. Rep
 675.)
 1. Negligence: Pleading: Contributory Negligence.--A general averment Is in- sufficient in plea of contributory neg iigence. The facts constituting the negligence must be stated.
 2.-Carriers; Injury to Passengers; Evidence.-Where. in an action against a railroad company for injuries receiv- cd by passenger in consequence of the sudden jerking of the train. 1t was not error to overrule an objection to the question asked the witness, wheth- CT he would consider the movement of car such as to throw all the passen- gers down and injure one of them a usual movement thereof.
 3.-Trial: Instructions Already given Ut is not error to refuse charges the sustenance of which Is covered by charges already given.
 Appeal from Fayette Circuit Court.
 Heard before Hon. S. H. Sprott.
 Affirmed. Opinion by Simpson. J.
 Tyson Anderson and Denson JJ.. con- cur.
The Montgomery advertiser., 1906-04-05
Why Not

Give your heart the same attention you do the other organs?
 If your stomach. lungs, liver. kidneys or any other organ Is in trouble, refuses to work. you hasten to repair them.
 The heart never refuses as long as 1t has power to move but continues to do the best 1t can. getting weaker and weaker, until it is past repair, and then stops It Is just as sick as the other organs, and needs help. but because 1t will work, you let 1t.
 This is wrong. If your heart is weak. you should take
 pr. Miles Heart Cure to strengthen your heart and enable 1t to overcome Dizziness Palpltation Short Breath. Faint Spells, Pains in Heart and Side, and all other Heart difficulties.
 T had palpitation of the heart so bad that would faint away. My doc tor recommended Dr. Miles Heart Cure, and N helped me from the start"
 MRS. J. c. WEES Cleveland. O.
 The first bottle will benef1t, if not, the .Arugwist will return your money.
The Montgomery advertiser., 1906-04-05

Appropriations; Repeal.-Section one. subdivision 36, General Acts 1905, D. 50, by implication repeals section of the act approved Feb. 27, 1901, (Acts 190O- lsoi' D. 1201) appropriating to the d. rector of the Department of Archives and History. the sum of S7o0, in addi- ton to his salary, for the maintenance Of the Department of Archives and History.
 Appeal from the City Court of Mont gomery.
 Heard before Hon. A. D. Sayre.
 Affirmed. Opinion by Dowdell, ],
 Haralson. Simpson and Denson, JJ. concur.
The Montgomery advertiser., 1906-04-05

OWEN V. BEALE. Bill to Restrain Unlawful Expenditure of Public Money.-(Decided Jan. IS. 1s06.)-(39 So. Rep. 907.) 1.-Statute; Compensation of Officers;
The Montgomery advertiser., 1906-04-05
A Home of Your Own-- You Can Get It

eycudrd of mgrn2H Have edyousM told could that home and showed how coudb honeGy Gymonhy within would hbe worth
 Heights and sell for only dollars and kpAnnb Do bad enough the for rent from month nada Then onew today We'll show shade planted walks laid You'll nd ehacksr city 'pmh of Values this suburb Buy while lots cep.F Fhonmu call
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
COMMERCIAL CLUB.
No Quorum and No Business Trans
acted Wednesday Night.

Whether it was the change in the
meeting place or the warm weather
or a general indifference on the part
of the members of the Commercial
body that caused the small attend
ancc Wednesday evening is not
known, but a quorum was not
present, and as a consequence no
business could be transacted.
Two members of a Seattle furni-
niture company, accompanied by
several gentlemen from Portland, f,
were present with a proposition to
establish a furniture factory at St.
Johns. They had heard of the ex-
cellent transportation facilities at
this point, and sought information
as to values, taxation, etc, which
was given them by the president
and those present
The proposition will be discussed
at the meeting next Wednesday
evening. All interested are invited
TO be present.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
he IS USUALLY A FAILURE.
The Ways Of the Average Great
American ofiiss Boy

a most diilicIIt person to "or-
ganizc" is the Office boy. We hear
30 much about the bright American
boy and the achievements Of the
public schools that the wonder is
where the office boys come from.
They bring certificates of some sort
from their teachers, but Every
big concern ha, procession of boys
trooping through IT. offices and
works day after day, bat the boys,
for the most part, are obstinate and
incompetent When bright boy
appears he fud. his opportunity
quickly enough, and if he has stay
ing powers he will get on. But the
majority of Youngsters that apply
for jobs have no manners, they
can't spell, and they are always
watching the clock. They don't
know whether san Francisco is in
Cuba or the Philippines or whether
Los Angeles is in Spain or the Sand
wich Islands, and determination in
the matter of foreign postage is be-
yond them. Discipline they object
to, and they abhor taking orders.
When it comes to that. the average
young American Of today does not
take orders easily. lie seems to
suspect some hidcDu. design upon
hi, freedom and equality. After all,
rudimentary Information in geog-
raphy. ortEogaphy. the wearing of
hats and the omission of coats in
offices and certain glimmerings Of
politcncs. arr not without impor-
tancc in busiuc... The average APP
plicunt for office bpydom has no no.
tion Of responsibility. He will take
a job today and abandon il tomor-
row on any prrtcXt or on none at
all.
But in capacity for vcxation the
average stcnographcr can give him
points. Most .tcnographers are
good lnundrc g. or baseball pitch
crs spoiled. poly.yllablc- try their
souls. Tho uncommon word fud-
dies their KEY. Language IL, in
thcir minds. device by which in
tcll,gcnt communication can be pre-
vented. and initiative J.. term with
out meaning. They believe that
punctuation !. given only 90 the
gods. for tl.v Themselves know
Of H. On the other hand,
really capable sicuogriphcrs are
among the Ho helpful equipments
of busince uIcr. bat their rarity |
j. beyond hrl'p.= \r.hur Warren in |
Success Mar nr.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
THE POSTOFFICE
Bonds Forwarded and Mayor Nalcn-
tine VIII Qualify.

The climax of the postoiIicc sit
ua,ion was reached last Saturday
night when Postmistress Clark
turned the local postollice over to
her bondsmcn, who in turn notified
the department; to take charge.
Inspector Richie took charge
Monday morning, and at once be
gan checking up the accounts. The
inspector will remain IN charge I'm
Ill the commission of +. W Valen-
tine arrives from Washington.
The bonds furnished 10y Mr. Val
entinc were forwarded 10 Washing
ton for approval some days ago. As
soon as they have been approved by
the department, his commission as
postmaster will be forwarded As
soon as IL arrives the mayor will
take charge of the office Until
then no charge will BE- made.
Willis MoNun has been offered
and has accepted the position ~
deputy postmaster
II is understood that the post.
office is soon to be- moved from it,
present location Mr. Valentine
says IN case It is necessary to make
a change the location will be- made
rs central as possible
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
Lsrsss, Reservoir In the World.

In South as in North America
nature does her work on the grand
scale, and one of her noblest
achievements is the Amazon river.
Rising in the Andes, il flows across
the continent and discharges into
the Atlantic ocean at the equator.
The yastness OF the area which II
drains, amounting To 2,36s, 900
square miles, will bc evident when
il is borne in mind that this is more
than the area of Russia in Europe
and Austr'a-.lungaIy. Ii has a
length of nearly 1000 miles, is nav
igable for f.liy $500 miles from the
sea and is fed by Numerous streams,
which in any other country would
be ranked rs great rivers. In the
wet season, which lasts for about
eight months, its width varies from
5 miles TO 400. No wonder the
Amazon has been called a gigantic
reservoir rather than a river.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
CHOOSING A PART.
tn Actors Experiences In the Days Be.
fore to Bteame a Star.

We supported visiting stars at the
museum. One of these stars wa.
Jerry Cohan. the father of George
Cohan. We played "The Molly Ma
guires" with him. had to play &
lawyer and had TO white shirt. Con
vontion demanded that a lawyer
should not wear colored shirt
Looking frantically about the dress.
ing room | found soiled paper
cuff. | cleaned it with breadcrumbs
cut it into a V shape and pinned i,
over my colorcl shirt. Another star
was Frank fraSne, who was a fine
marksmun. lis wife and brother
and brothcr-in-Iaw travelled with
him. lie shot an apple off her head
and pipe out of a ncgro's mouth.
y member of the company was a
fierce looking bulldog that ran down
an incline and ,prang upon the viii
lain of the company, bearing him to
the earth and tearing angrily at a
red flannel chest protector worn by
the villain. The dog was a good
actor, but intcric. The man who
played the villain showed me his
chest covered with scars where the
dog had bitten him instead of the
chest protector. II was very melo-
dramatic spectacle, and Mr.. Davidge
depended upon it To build up the
falling fortunes Of his house. While
Frayne was playing there there was
some d' '.."tsion in the family. and
his brotncr-lr-lnw, who played the
villain. left the company. Mr.. Da-
yidgc sent for me and offered me
one of the two parts. that of the
negro who had the pipe shot from
his mouth or the villain who was
attacked by Tie dog.
"They arc both splendid parts"
he said. "and il yoJ will play either
of them J will pat your name on the
billbonrls."
| did not wait to consider. OF
course ! would play one Of them.
They were both dan .crous. but IL |
played them | was to bc featured,
and that vas worth diving for.
Which part va id | 81 oo.cs had
held the do before he made the
run down the incline aud attacked
the villain. ! k"cw hi. muscles
were like steel. and remembered
how cngcr Lc wr. Tor his part in
the performance. lIc. lr.. | never
liked dos.. don't now. | elected
to play the rcrp. lruync was q
splendid marx man. l'c had never
missed ai'. lli thought he
might. Ne rc,cs dri, k. but. | re-
ilcctcd again. h, m o., rpr the FIRST
time. While | PLAYED the negro
these thoughts q f.r'cd me. The
pipe wabblrl between my unsteady
teeth. \ few wears later Frank
fraync missed om Tor the first
time. lie hot u, wiic in tie head,
killing her i0 tal.ly.-O'is skinner
in Theatre ilnpg ic.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
CHURCH NOTICES,

Baptist church-E. A. Leonard,
pastor. Sunday school at 10 a. m.
Preaching at II a. m. B. Y. P. Z.
7 p. IN. Preaching at p. m. All
are cordially invited to attend these
services.
Holy Cross Catholic church,
Portsmouth Station S:15 a. M,
low mass; 1915 a. M, high mass
1880 p. M, vespers and benediction.
St. Andrews Episcopal Chapel,
University Park-Rev. VIM. r.
Powell, chaplain. Regular services
II a. IN. Sunday school 10 a. III.
Evangelical church - +. T..
McNicker, pastor. Sunday school
10 a. M. Preaching II a. m; Jr.
K. l.. c. T.. 2:3o p. III. A union
Christian Endeavor meeting of all
the societies of the different churches
of the town at 7 p. III. AT s p m.
the members of the X. l.. {. +.
will give special program. Prayer
meeting Thursday 3 p. III.
First Congregational Church-F.
J. Warren, pastor. Sunday school
10 a. M. preaching II a. III. and s
p M.
Church of Christ services ev-
cry Lords day at /, p M. in the
Baptist church. Communion and
preaching by Rev. Bruce Wolver-
ton, acting pastor. All cordially
welcomed.
Methodist church Sunday school
10 a. M. Preaching at II a. m. by
Rev. James Moore of Mt. Tabor
Methodist church. Mr.. Moore is a
very eloquent speaker. Preaching
at p. III. by the pastor. Epworth
League at 7 p. III.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
Like all the rest of us, Jonathan

Like all the rest of us, Jonathan
Bourne, jr. has troubles of his own.
One of them is the activity of
coterie of politicians in trying to
prevent his election to the I. ).
Senate by the Legislature. The Re-
view did not advocate the candidacy
of Mr.. Bourne, nor has it the pleas
tire of his acquaintance. But we
like his style. He has way OF do
ing things that makes the average
candidate look like thirty cents. If
all that was published about J. b.
jr., is true, he would be in the pen
itcntiary instead of striving for the
upper house of congress. In spite
of all that was said, Mr.. Bourne
won the primary race hands down.
As a fly annoys an elephant, 50 will
the political gnats annoy Mr..
Bourne. But they will never beat
him ont in the long run. They are
not of his calibcr nor in his class.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
Time Fsr Rsloieina.

The editor of the Bacon Ridge
Beacon came out on Main street and
tossed hi- Lat twenty feet in the
air Praise Ia Proyidenccw he
whooped, dancing around like an
Indian,
Are yoI crayy" demanded the
only policeman in town. "What do
you mean by cheering when the cy-
clone has carried away your oilice%
That's Just il. friend. | have
been compia ming twenty years be-
cause the circulation of my sheet
was 50 limited, and now there's
chance of i,s being circulated in
four state, and twenty counties.
Wouldn't hc surprised il one copy
doesn't blow c'can to Europe. Go
lumbus Dispatch.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
ooins Il" to u,nner.

a Philadelphia business man had
as guest u friend from Toledo, an ex-
trcmcly busy individual, little ia.
miliar with the social graces. For
the first evening OF his stay dinner
party had been arranged. The host.
Is. had provided a most attractive
young woman for the Toledo man,
and It was thought that he would
take a desperate fancy to her, which,
indeed. he did. When the guests
had gathered and were ready to 10
out the host, with his poitcst bow,
said, "Mr Blank, will you please
take Mis- Dash out to dinner"
"Ccrtainly,' responded the Toledo
man, with HHcr.ty. "but ! under.
stood that vc were 10 have dinner
here iu thr bDIso. Argonaut.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
$4,000.
City of st. Johns. Oregon,
City Hall Bonds.

Notice is hereby given that sealed bid,
VIII be received by the Recorder of the
City OF 81. Johns, in the State of Oregon,
al his office IN SAID city until Tuesday
the seventeenth day OF July, 1890, at
four O'Clock p. m. for the purchase OF all
or any part of the municipal bonds of
said city issued by virtue OF Ordinance
No. io9 OF said city, passed by the Coun-
ell and approved by the Mayor July 3,
1900.
Said bonds are dated July Q, 1906, and
run ten (lol years from their date, bear
ing interest at the rate of six per cent
per annum from their date, interest paw
able semi-annually, both principal and
interest payable IN United States gold
com at Peninsula Bank, 81. Johns, Ore
gon.
said bonds are twenty aol in number
ana OF the denomination of five hundred
dollars lsSoo) each, and are issued for
the erection OF City Hall as provided
by the charter OF said city and are ex
empt from taxation either By the State OF
Oregon or by any county or municipal
corporation therein. said bonds shall
be sold 10 the highest responsible bidder
out among equal bidders preference in
ihe sale and allotment thereof shall be
given to the bidders residing in the Stat
OF Oregon.
The right is reserved to reject any and
all bids and 10 re-advertise for bids for
the same.
Dated at the City OF ST. Johns, Oregon.
this Srd day OF July, 1900.
W. l.. THoRNDYKE,
City Recorder.
Published in the ST. Johns Review July
and I5, 1890.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
Lookino zoe LIGHT.

Mrs. Jon,, and Mr.. Brown we're
bosom fricui.. They passed a good
deal Of Their Tine In discussing the
affairs Of Their no,ghbors. IL was
astonishing what lot they knew
about other peoples business which
didn't concern tlcm in the least.
They were EamwcrinS away at the
latest scandal when the converse
ton turacd IN the direction Of a
Mrs. T.ttlesay, a new arrival in tho
next street,
II hear she's suffering from ap.
pendicitis." declared Mrs. Brown.
suffering" echoed Mrs. Jones
oontemptuou.ly,
"Why, yes. Didn't you know
that Z" asked Mrs. Brown.
YES. | heard she had got appen-
dicitis," replied Mrs. Jones, but,
Lor', judging by the way they brag-
ged about il, thought il was some
sort of piano player! What is IL
anyway E"-l.ondon Queen.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13

"lhr worst care of ignorance !
can tell ypH rf u.rUrroi IN 1869 In q
remote .r. uu ui our country" said
n western con rr. man. There was
II man who Idlru'y became rich
aud built np rporuous house. with
rome .'l. o., md 80 he wrote TO
Italy Tor co'v of Venus do Milo.
The copy IN dIc time arrived. ID
was executed In Carmm marble very
boult.fu''N rut mo- sooner did hc
receive e il,H tlc millionaire sued
the rUi.rull .or $1,000 for mutila.
tlon, and, uhgI- more. he won the
su't'-N'lWankr, sentinel.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
1skino No Chances.

"llcrcs GOOD scheme" she said,
looking up from the paper she had
been reading,
He seemed q trllc suspicious, but
II wa. 80 evident that hc was ex.
pculud iu answer that he made the
inquiry.
"Nhy, lt .4y, that some wives
shave their husband. and in that
way .a.c what they would ordinarily
pay ,ur barber" she explained.
MARY Er .Hid after u moments
thought "ypJ may yet that gown
You nn'" about lH. morning. II
wont h' .H.n aY Tor you TO got
ut ms Throat with razor"
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
Bowel Complaint in Children.

During the summer months chill
dren are subject to disorders of the
bowels which should receive careful
attention as soon as the first unnat-
ural looseness OF the bowels appears,
The best medicine in use for bowel
complaint is Chamberlain's Collie,
Cholera and Diarrhoea Remedy, as
it promptly controls any unnatural
looseness of the bowels. For sale
by Jackson 5 Pharmacy.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
loo Wei Posted.

"Woman," sad he in agonized
tones, "you have broken my heart"
She laid her ear TO his manly
bosom.
NO" said she after listening in
tently, there is not the slightest
evidence of organic lesion. There
is slight palpitation, due perhaps
to cigarettes that is ALL"
And now the Young man swears
that hereafter when he makes love
to girl he sill be sure she is not Q
medical student.
St. Johns review. (Saint Johns, Or.) 1904-current, 1906-07-13
WILL QUALIFY
N the 5 hool Meeting Next lucsd'y
Evening.

\ report was current The Grst ul
the week that 4. l.. Churchill fc.
Gently elected clerk ol the school
board, would be- unable lo qualify
on account of not Icing q property
holder IN the city the legal length
oi time
The eligibility Of Mr Churchill
was based on the fact tha, while he
is property holder at present and
pays taxes this year. hc did not pay
nNcS during the year of ipoS.
Consulting the district attorney,
Mr Churchill finds that he is ,ligi.
hlc lor the office aud will qualify at
the meeting nest Tuesday evening.
The hiring ol additional teachers
lnd the usual routine business will
come before the board.