davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1906-03-30

bin gwine roun' wid ow' eyes on de groun' long nun. an now we mus turn owe an look up in de worl'.'
 'Umph!' sez de Grub-wu'm, sezee, dat suit me to CT gnat's bristle. kase don't reckon folks gwine spec me ter git 'roun' fas' eff I natter to travel on my back. I kin take hit easy den, sho-nuff. Stan outen de way, you-all; yer goes! An wid dat he roll over on de groun' an try ter crawl. Mighty hard wukl He wrassel an he tussel an he tug. but he ain make no head ways. Whey! dish yer make me tired, sho'-nuff! sezee, gwine turn me over an do de ole way; dat good 'nuff fer me. Mighty easy ter set up in de high seats an gin orders. I wish all de folks what send orders natter try 'em on themselves fo' dey kin pass 'em inter laws
 He try ter turn back on his stum- mick, but bless yo' soul, dar want no turn to i'm. He hun an he puff, an he fuss and he cuss, but 'twan't no use. De creeturs dey stood by an snickered. an aigged i'm on, an let on ter try an hep. Las dey kain't stan hit no longer. an dey bus out laughin' an sez. Heyo. Mister GrGb, we done got you fix dis time. Reckon you won't go pesterin' we-all no mo wid queScnlnS bout de kyounCll 1ou nat ter travel all de way dar on vo' back alter dis ef you wanter know wat gwine on; you kain't pend on we-all no mo. So long, ole man.
 "Sence den ole Grub wu'm been doin' all his walkin' on he back, an he been at 1t so long now dat he done got right spry. Sometimes after a haivy rain he comes up through de top CT de groun, an you kin see i'm jes mon scootin roun' on de back.
 Now, dats all de tales you gwine git outen me dis day. I is plumb wo' out. same 2 de creeturs wuz. wid queschins;" and the old woman folded her hands and closed her eyes and pre- tended to be fast asleep. seeing which her little auditors stole softly away on tip toe for fear of waking ..er.
The Montgomery advertiser., 1906-03-30
HeAd-NoteS of Me Decisions
 Qf Alabama Supreme Court

2.-Same; Liability of Principal for Acts of Agent-Where a manager of a hotel acting within the scope of the duties intrusted to him as such mana ger commits an assault on one in the hotel, the proprietor as we'll as the manager Is liable therefor 3.-Same; Misleading Instructions When a suit is brought against the proprietor of hotel and the manager thereof. as well. for an assault com mitted by the manager, 1t is improper to instruct the jury that the burden is on the plaintiff to show that the mana ger assaulted the plaintiff, and at the time he committed the assault he was acting within the scope of his author ity as such manager. Such instruc- ton Is misleading as the manager is personally liable. although he was not acting within the scope of his autbor- ity.
 4.-Same: Provocatiop.-The defend ant having been at fault in provoking the difficulty may be liable for his sub seouent assault of plaintiff. although plaintiff may have first assaulted dA- fendant.
 5.-Trial: Argument of Counsel The argument of counsel. to work d reversal must be made as of fact the fact stated must be unsupported by any evidence. must bepertinent to the is- sue or it's natural tendency must be to influence the finding of the jury,
 Appeal from Birmin gham City Court Heard before Hon. Charles A. Senn. Reversed. Opinion by Haralson, J. Dowdell. Simpson and Denson. U. concur.
The Montgomery advertiser., 1906-03-30
PERSON LUMBER COMPANY. V
 HART.


 Action by Employe for Damages for Personal Injury-(Decided Nov 29. 1905.) (s9 So. Rep. 566.) l I. Master and Servant; Relation Pleading. An allegation in complaint that plaintiff was employed by defen- dant as log boss or foreman, sufti- ciently describes the character of em- ployment.
 2. same; Cause of Injury. An all legation that plaintiff was placed in position of peril, without giving | in an action for injuries to an employe received in jumping from a car to avoid imminent peril.
 B. Same: Acts in Emergencies It Is not necessary to show, in order to re- cover. in an action for injuries to employe in Jumping from a ear to avoid imminent peril that 1t was actually necessary for him to jump. {. Same; Appliances; Negligence, The law wil not asume that it is neglience not to have a particular kind of brake.
 5. Same; Position for Peril. The fact that the train was running but ten miles per hour does not authorize an instruction that plaintiff was not In a position of peril when he jumped and was injured.
 g. Same; Unexpected Danger; Or dinary Care. It is for the jury to say, under all the facts. whether or not, the plaintiff exercised reasonable care and diligence. such as a reasonable and prudent man would exercise under similar circumstances, when exposed to sudden and unexpected danger, to save himself from injury.
 '. Same; Contributory Negligence: Plea; Insuflciency. A plea of contribu-
The Montgomery advertiser., 1906-03-30
BIRMINGHAM RAILWAY, LIGHT AND
 POWER CO, V. BENNETT.

Action for Damages for Injury to Pas
 senger Decided November 2S,
 1905 .)-(S9 So. Rep, 565.)
 l. Carriers; passengers; negligence or servants; pleadings.-A complaint counting upon the wanton negligence of defendants servants or some of them. in starting a car suddenly, know ing the plaintiff was in the act of get ting off. is subject to demurrer in not averring that all of defendants ser wants in charge of the car knew of plaintiffs position. or that those who started the car or caused 1t to be start ed knew Of it.
 Appeal from Birmingham City Court
 Heard before Hon. A A. Coleman.
 Reversed and remanded. Opinion by Anderson, J., Haralson, Tyson and Simpson, JJ., concur.
The Montgomery advertiser., 1906-03-30
BALL V. MOBILE LIGHT & POWER
 co
Action for Personal Injury to a Passen-
 ger, Child. (Decided Nov 15,

Action for Personal Injury to a Passen-
 ger, a Child. (Decided Nov 15,
 1905). (39 So. Rep 5S4)
 l. Carriers passengers; existence of relation; evidence-On the issue as to whether child under four years of age, riding upon street car with its mother. who paid fare for herself, but not for the child. is passenger, it is competent to show a general custom of the car company to carry children of that age free under such circum- stances
 ?. Same; same; question for jury IL is a question of fact to be submitted to the jury as to whether the child was a passenger where there was evidence that there were seven or eight passen- gers on the car and the child was one of them.
 8. Same; injury to passenger; unu- sual jerks, egligence.-Evidence tend ing to show that a street car was stop ped with unusual audiences and jerk, and that on account of 1t plaintiff was thrown from his seat and injured, raises question for the jury on the issue of negligence in the manner of stopping the car.
 l. Same; who are passengers.-A general custom of a car company to carry children under four years. free of charge when accompanied by some older person who pays fare, creates,
The Montgomery advertiser., 1906-03-30
CENTRAL FOUNDRY CO, vs. BUR
 NETT s.

NSs
 NETT s,.. Action for Damages for Death by Neg
 llgence. (Decided Nov. 30, 1906. )-
 (3s So. Rep. 574.)
 1. Death; Damages; Evidence.--It may be shown that deceased was a bright, economical and industrious boy, learning his trade quickly. as a cir cumstance to go to the jury in fixing his present earning capacity and future expectancy, in a suit by the administra- tor for the death of deceased by negii- gence.
 2. Same.-It Is improper to permit testimony to be introduced to show what skilled mechanic earned per day, in an action for damages for death of interstate, where it appears that intes- tate had been learning the trade only about seven weeks, and a three years apprentic eship is necessary to become a skilled mechanic, as too remote and speculative.
 Appeal from Bessemer City Court. Heard before Hon. B. C. Jones.
 Reversed and Remanded Opinion by Anderson, J.
 Haralson, Dowdell and Denson, J J.. concur.
The Montgomery advertiser., 1906-03-30

tory negligence which does not aIlege in answer to an action for injuries received in jumping from a car to avoid imminent peril. that the danger from the supposed defect was obvious or was known to plaintiff, is in- sufficient.
 Appeal from Covington Circuit Court.
 Heard before Hon. H. E. Pearce.
 Reversed and Remanded. Opinion bv Simpson, J.
 Haralson Tyson and Anderson, JJ.? concur.
The Montgomery advertiser., 1906-03-30
MORRIS HOTEL COMPANIES HAND
 LEY.

Action for damages for an As
 sault-t Decided Jan. IS. 1906)-
 (40 So. Rep. 52)
 Assault and Battery; Action; De- fences.-The fact that the manager of the hotel did not know that plaintiff was a guest and had a room al the hotel, Is no defense to an action for assault by the manager.
The Montgomery advertiser., 1906-03-30
FoY ct. al. V. BARR.

Bill to Quiet Title-Decided Nov. 30,
 1905-(39 So Rep 57S).
 1. Quieting title; possession.-A bill filed by one in possession of land can not be maintained unless such posses sion be peaceable and undisputed, as distinguished from a disputed or scrambling possession.
 Appeal from Barbour Chancery Court Heard before Hon. W. L. Parks.
 Reversed and rendered. Opinion by Anderson. J.
 Haralson. Tyson and Denson, JJ., concur.
The Montgomery advertiser., 1906-03-30

PLANTERS & MERCHANTS INDIE PENDENT PACKET CO, V. WEBBS.
 Action on Stock Subscription. (De- cided November 23, 1905)-(39 So.
 Rep, 562.)
 1. Corporations; subscription to stock; requiistes.-Any agreement by
 which a person shows an intention to become a stockholder is sufficient to bind both the subscriber and the cor poration.
 ?. Same; action on subscription; va lidity-The signing of a subscription paper is an implied promise to pay the subscription, which may be enforced by the corporation after formation, all though the subscriber made no cash payment, and the proceedings after in- corporation was without notice to him.
 B. Same; declaration: defenses.-It
 is nc defense to an action to enforce payment on stock subscription by a corporation that the corporation had not fully complied with the statutes
 providing for it's incorporation, and the declaration need not specially allege a compliance with every circumstance re- lating to it's organization requisite as
 precedent to investing it with the powers conferred by ts charter. A. Same: statutes.-The common
 law rule governing actions on stock subscriptions are of general and bind ing effect unless the statute prescribes the particular method of subscription, as a condition precedent to its valid ity, and this, Acts 1903, p. BIO, does not do.
 Appeal from Mobile Circuit Court Heard before Hon. Samuel B. Browne. Reversed and remanded Opinion by HaraIson. J.. Dowdell, Simpson and l Denson, JJ.. concur.
The Montgomery advertiser., 1906-03-30

as to such a child, the relation of carrier and passenger.
 Appeal from Mobile Circuit Court Heard before Hon. Samuel B. Browne. Reversed and remanded. Opinion by Dcwdell, J.
 Haralson. Anderson and Denson. U. concur.
The Montgomery advertiser., 1906-03-30
Spring Ailments

Pimples, boils, eczema and other eruptions, loss of appetite, that tired feeling, fits of biliousness, indigestion and headache, are some of them.
 They are all radically and perma- uently cured by Hoods Sarsaparilla.
 This great medicine thoroughly cleanses the blood and restores healthy functional activity to the whole system. It makes people well.
 "I have been using Hoods Sarsapa- rilla as a spring medicine for ten years, and have never found anything better. " John Flemings, Campbell Hall, N. Y.
 Accept no substitute for
The Montgomery advertiser., 1906-03-30
ALLEN v SMITH


 Decided Nov. 22, 1905-(39 So Rep. 6f9).
 l. Insurance; premium notes; fraud; evidence.-In an action on a note given for premium on insurance policy. the only evidence tending to show that the note was procured by fraud being that the policy was not worded as the giver of the note supposed it would be, and the policy was not introduced to show how 1t was worded an dthe beneficiary never offered to surrender the policy until the payment of the note was de- manded and he still retains the policy: Held: insufficient to support a verdict finding that the note had been obtained by fraud.
 Appeal from Choctaw Circuit Court,
 Heard before Hon. John T. Lackland.
 Reversed and remainder Openion by Simpson. J.
 Haralson, Dowdell and Denson. JJ., concur
 RICHARDS V. HERALD SHOE co. Decided Nov Is, 19O5-(39 So Rep 619). l. Contracts; evidence; executions; authorization; suficiency.-A witness testified that an alleged contract be- tween him and plaintiff resulted from correspondence; that the contract was drawn up In duplicate by plaintiff and sent to him by mail, with instructions lO SIgn the same anu IeluiH DOlH to plaintiff; that one of the duplicates was returned to the witness, purporting to have been signed by plaintiff; that sub sequently plaintiff shipped goods to the witness who sold a part thereof and made returns pursuant to the contract. Held: that the execution of the contract | was sufficiently shown, rendering 1t and a statement of account purporting to come from plaintiff in due course of business admissible in evidence. 2. Same; opinion evidence; statement of facts.-The statement of a witness that another was indebted to him on a particular day is admissible as the | statement of a fact. Appeal from Mobile City Court. Heard before Hon. O. J Semmes | Judge.
 Reversed and remanded. Opinion by l Dowdell, J.
 Haralson, Simpson and Denson, JJ., | concur.
The Montgomery advertiser., 1906-03-30
Hoods SaFsapariIIa

Insist on having Hoods. Get it today.
 In liquid or tablet form. 100 Doses $l.
Los Angeles herald., 1906-08-24
MISLEADING COMPUTATIONS

Computations of the number of mil
lions of dollars which American tour
lists spend in Europe in a season are
now in order. 1t is probable that a
hundred thousand first-class passen-
gers leave on the other side more money
than a million European immigrants
bring to this country with them, as
their total possessions. But the two
economic currents are not exactly on a
par; the immigrant becomes a wealth.
producing machine here, having been
taken care of during the years when he
was not wealth producer by the coun-
try which loses him. Tt is unlikely that
the "See America First" movement will
prove any more effective in averting
this flow Of our gold to the other side
than are the efforts of European coun-
tries to keep their own populations
from emigrating. People of all classes
find way in this age of liberty of NOV
ing about as they please, letting the
fiscal effects take care of themselves
Boston Transcript.
Los Angeles herald., 1906-08-24
GIRLS In GERM ANY

The German girl leaves school at
about fifteen years OF age.Nby which
time she has learned to sew, mend and
supposedly to speak English and
French. She has not learned higher
mathematics. but she has learned the
small things which fit a girl for
housewife or companion, and that, IN
Germany. Is a woman's only sphere.
However much we American girls may
enjoy our college we dare not pity the
German girls, for they have something
which takes their place and of which
we have no conception until we reside
in Germany a few months.
Did you ever hear of pension? 1t
is one of the most enjoyable things
which exists. Certain influential
ladies, mostly widows or maiden aunts,
make known that they are willing to
take a limited number of young ladies'
into their families. We went to Han
over, two of rs girls. with a horror and
dread of a boarding school, all from the
very best class of Germans. AMI all
placed under Frau Won HIS care fer
a wear or more. None of the girls had
any special object in life: few wanted
to learn how to keep house, few in
dulged in an hours music less IN per
week. but most of them came, us is
the German custom, for the sake Of
be coming IL ished and being escorted
to concerts. theaters balls. receptions,
student Kneipes. ETC.. opportunities
Los Angeles herald., 1906-08-24
HARPER's WEEKLY Fo BRYAN


There are many persons vo do NOT
YET understand What they ould call
the recent violent disintermt of nv
Bryan. Let us seei First, ie never.
was inferred. He took a n, In tbe
graveyard, but was never dt under
The reasons why hearts that i've been
cold to him since 1S9; have IddenIv
developed warmth are worth sdvinp
The silver issue is dead. and ,ed M
longed scare away from Bryan Nv one
who likes his leadership in 9TH par
t1culars. The sentiment that man
who went wrong on silver h, NOT
sound enough judgment to be flo be
president is much modified b1 the
thought that Bryan is ten yearsllder
than he was in 1896, and has spenthat
interval in laborS and experienceShat
could hardly fail to broaden andm-
prove his understanding. There a
sound basis for the belief that Bian'
is wiser man than he was ten yrs
ago. Next, President Roosevelt AK
demonstrated that, Bryan or no Bryt1.
what is due is bound to come, and ie
rear OF Bryan as radical has ben
obliterated by the spectacle of H
publican administration compelling
accomplish measures of regulation All
discipline such as in general Wsy
! Bryan has been understood to sts1d
for. Much that used to be Bryanbn
has become Rooseveltism, and pos-
| pered under the new name. III
I'm a supreme sense" says Ihe
| Springfield Republican, "BryaIism
stood for the shackling of predaory
wealth-'the man before the dolIr'-
and 1t is that principle which the
American people seem now to haveac-
cepted."
There is much in that. The lighting
that would not run down Bryans ID
has run down Roosevelts, and peole
| feel that it was bound to come, ad
give Bryan some credit for discernie
| it. Finally for better or worse, Bryh
is known, and has far more backes
and adherents than any other Dem{
crat. Those who have always sur
ported him support him still; those VIII
have distrusted him distrust him fal
less than they once did. Events have
moved and moved Bryan's way, and /
is remarkable how he has been able Il
keep step with them.-Harpers Weekly
Los Angeles herald., 1906-08-24
LAST PRELIMINARY STEP

The citizens of Los Angeles are thor
oughly satisfied of the pra acticability in
every respect of the owens river water
project. The peoples representatives
however, who are intrusted with the
management of the great enterprise,
see the Importance of proceeding with
the greatest caution, particularly at
the inception of the work. 1t is for the
purpose of "making assurance doubly
sure that the water commission has
engaged the services of three civil en-
gineers of acknowledged eminence to
pass in final judgment upon all prac-
teal phases of the undertaking.
BE sure you're right, then go ahead"
1t is a good maxim and one that the
water commission is right in follow
ing. There is not the slightest proba-
bility that the three distinguished en-
gineers from abroad will find any Sc
rious cause for criticism of what has
already been planned or done by the
engineering staff of the commission. 1t
is important to have the official ap-
proval of the consulting engineers, not
only as a further assurance that all
is well. but as a certificate of value in
marketing the water bonds.
This work of engineering revision will
not be completed, as estimated, before
about December 1. That will mean the
formal beginning of construction at full
speed all along the line about the be-
ginning of the new year. Much pre-
Iliminary work has been done already,
however, and this will be continued
until the report of the consulting engi-
neers gives the word to let the dirt
fly everlastingly.
1t is a matter of satisfaction to all
citizens of Los Angeles to know that
the best obtainable engineering talent
in the United States has been procured
to make exhaustive examination of the
water proposition. And it is appropri-
ate to say. in this connection, that the
people have the highest appreciation
of the service rendered by the water
commmission, its engineers and all
who are officially connected with the
undertaking.
Los Angeles herald., 1906-08-24
JIU JITSU AT SANTA CRUZ

1t is not amiss to say that San Fran
cisco now has a Ruef over it. The re-
suit of the recent primary election
settled that question with a jolt. The
question now before the house, as
statesmen say, is whether the state of
California will confirm the proposition
to have the same Ruef over it. That
matter may be determined on or about
September 5, 1906, at the city of Santa
Cruz. At that time and place the Re-
publican state convention will nominate
candidates for state offices. with a
gubernatorial aspirant at the head
1t has become almost a proverb in
California that as San Francisco wills
so goes the Republican state convention.
Ruef captured seventeen-eighteent
city to the Santa Cruz convention
With that immense proportion OF the
whole vote, compact and reliable as
Napoleon's "old guard" IT would be
safe to wager that as Ruef wills so go
the nominations.
Just at this point stands out, like the
handle of pump, this salient question:
Whom is Ruef for as the Republican
candidate for governor? Prior to the
primary elections in San Francisco
there were seemingly sufficient reasons
for assuming that Governor Pardee had
a "cinch," so to speak. on Ruef and his
influence. That assumption was war
ranted by the governors turbulence
toward the San Francisco committee Of
which Ruef was dictator, together with
the ungrateful snub administered to
Los Angeles. The governors general
proneness to sacrifice anybody and
anything I'm his chase for a renomina-
ton strengthened the theory that Ruef
not only had eorralled the governor but
branded him as we'll.
Now come limitations from San
Francisco. however that the czar OF
Los Angeles herald., 1906-08-24
Awful Fate Decreed

o. men who write things for the press,
If I could catch and chain
The proofreader around the neck
Out on some sandy plain.
And called you all with arms to come
Clubs, pistols, guns and spears
Pray. what would you all do to him,
In spite of all his fears?
Baltimore Sun.
Forget the pistols, guns and spears,
Dear bard, they're much too tame;
And do not let his falling tears
Cut in upon the game.
Tis best by far. If you would kill,
To starve him half TO death,
Then feed him ''potted chicken" till
His body sheds its breath.
Milwaukee Sentinel
Nor were this last fitting death,
NY friend and fellow dupe;
For then would Gamers take his breath
And make it into soup.
Go to, you amateurish lot;
You must be full of drugs.
Just drop him in the metal pot,
And watch him turn to slugs.
Washington Post.
But, ah, while this may seem to you
To fit his dreadful crimes.
Much mischief still each slug may do
Thro' mangled prose and rhymes.
'Twere better far without delay
Each scientist agrees
To send him where those surgeons may
Correct his tendencies.
Cleveland Plain Dealer.
When direful crimes you're plotting
all
And re-echo you
Do something that will hurt. withal
And that he'll ever rue.
Make every printer man and beast,
Forninst whom now We grow-el,
Wash faces once a day at least
Wipe on the print-shop towel!
w. H G,
Los Angeles herald., 1906-08-24
A SAILOR ON SEA PICTURES

TN take sailor along with me the
next time | buy a marine painting"
said millionaire. II bought two ma
rines last month, and yesterday my
old friend Captain Salthouse had look
at them.
"Salthorse said:
"'In this first picture we've got a
trading schooner in charge of a tug
towing away from a rockbound coast
through a fearful tumble of sea. The
schooners maintopmast is gone, and all
sails are lowered except her staysail,
which Is Kept hoisted, though she is
towing head-on to the gale. Why that
hoisted staysail? All hands, / suppose,
are drunk
In the second picture continued
Captain Salthouse, the principal boat,
an eighteen-f -footer, is racing, yet has
no flag flying That's as incorrect as
IL would be for you TO so 10 a dinner
party minus a shirt. The crew OF this
boat are getting In the spinnaker, and,
II they lower away, both spinnaker
and boom will be In the water for they
have neglected to let the boom 20 for
ward. But / know what the trouble Is
with them. They, too. are drunk"