davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1907-04-14
coURTMARTIAL TO BEGIN.
Captain Macklin Goes on Trial for
 Neglect of Duty.

San Antonio, Tex, April 13.-The court martial of Captain MacHln will begin next Monday at Fort Sam Houston The accused was the officer of the day at Fort Brown at the time of the shooting up of Brownsville on August 13, last. He has just returned from Washington, where he was called as witness in the Senate committees investigation of the Brownsville affair.
 Capt. P. A. Murphy. assistant coun- sel in the Penrose trial, win defend Mack lin. Lieutenant Roger s. Fitch. assist ant judge advocate of the former case, will prosecute the trial The trial will be much shorter as the evidence has been practically gone over as in the Penrosc case.
 Captain Macklin is charged with neglect of duty. One specification in the charges is that Captain Mackln was officer of the day at Fort Brown and failed to re- spond to an alarm sounded in the post as a result of small arms shooting.
 It is understood that there Is nothing in the specification to Imply that the sol
The Birmingham age-herald., 1907-04-14
RACE AGAINST DEATH.
Captain Ely Reaches Home Thirty
 Minutes After Wife Dies.

Chicago, April 13.-A dispatch to the Tribune from Iowa City, Ia, says:
 Racing against death from San Antonio Tex, to Iowa. Captain Hanson F.. Ely of the United States army reached Iowa City yesterday just thirty minutes after his wife died.
 By train, carriages, and automobiles Captain Ely sped homew ward. Relays were arranged by telegraph, and the officer covered wide stretch of territory in automobiles.
 Mrs. Ely was kept alive by stimulants and indomitable will day longer than the attendant physician had deemed pos sible. and constantly said until she lost consciousness, T must live until my hus- band comes.'
 The deceased was @ victim of pneu- monia, contracted while at her grand mothers funeral. Four children. the youngest a baby of three weeks, sur ViVe.
The Birmingham age-herald., 1907-04-14

Oldsmobie Probability was again triumphant last week in race which be- came an endurance run from Los Angeles to San Francisco Ralph R. owen, who drove the Oldsmoble Mud Lark from New York to Florida last winter, defeated a Pope-Hartford car on the hardest trip ever undertaken in an automobile. Both cars were stock touring cars, no special equipment being permitted. The was the result of an old rivalry between F. r. Brinegar Oldsmobile agent at San Fran ford agency. Los Angeles. Each party to the agreement put up sS000, winner to take all During the winter season the 'Valley Route" roads become almost i'm passable, and because of the terrible road
 conditions the race postponed from time to time, until March 2Sth
 when the Pope Hartford left Los Angeles at 5:00 a. m, the Oldsmo- bile starting half an hour later. The first telegram was from owen at Bakersfield, and announced that the Oldsmoble passed the Pope about 50 miles out. He reported very bad roads, and in some places grades which registered as high 261a per cent
 After leaving Saugus there began sue cession or ford crossings. One river was forded more than 100 times in a dozen miles, the water being from one to eighteen inches deep and the banks al- most perpendicular. A desolate road a mere shelf on the side of the mountain, led to the summit, $500 feet above sea
The Birmingham age-herald., 1907-04-14
Epidemic of Measles.

Chicago, April 1S.-A dispatch to the Tribune from Gilmore City, Ia., says:
 Seven dead, two hundred stricken with measles, and schools closed for weeks is the situation that has developed here in the last few days. The entire number has passed away within the last ten days. Those stricken yesterday were Clifford Hunter, aged 14, and Mrs. Ben Warren, 42 years old. An attempt to open the public school after being closed for two weeks met with a strong pro- test from one of the leading physicians of the town, when only 100 pupils out of a total of 250 appeared
The Birmingham age-herald., 1907-04-14
May Be Made Bishop,

Rome, April 13.-Notwithstanding the de- sire of Nonsignor Kennedy to remain here as rector of the American college, until he succeeds in erecting a new building, strong pressure has been brought to bear to have him appointed bishop of Fall River Mass, with the understand ing that he eventually will succeed the Most Rev. Patrick John Ryan as arch bishop of Philadelphia. It Is reported that Rt. Rev. John P. Carroll, bishop of Cheyenne, Wyoming, will be appointed coadjutor archbishop of San Francisco, a post left vacant by the death of Arch bishop Montgomery.
The Birmingham age-herald., 1907-04-14
IntercolIeaiate Races.

Washington, April 13.-Secretary Met calf has given his consent to the proposi- ton of a crew of midshipment in the in- ter-collegiate rowing races to take place al Poughkeepsie N. Y, June 26. This will be the first time in many years that the middies will have had an opportunity to display their strength and skill (outside their own waters), against the aquatic material of the great colleges and uni versailles, and is in way return to the old traditions, when the naval academy sent forth the winning amateur crews of the country
The Birmingham age-herald., 1907-04-14
Suit Is Filed.

Ardmore. l. T., April 1s.A suit involv- Sl5,oO000o of alotments was filed here to- day asking that the secretary of the in- terior, Governor McCurtain of the Choc taw nation, Governor Johnston of the Chlckasaw nation be enjoined from fur ther distribution of tribal lands and money until the statutes of 1500 freed men of mixed negro-I Indian blood be fixed by law Petitioners allege that freed men of Indian blood are entitled to full allot- ments instead of forty acres, which they have been given.
The Birmingham age-herald., 1907-04-14
SPENCER OUT ON
 ENSLEY SOUTHERN
Ultimate Plan Is to Connect This Road With the Main Line at
 Parrish.

H. B. Spencer, vice president in charge of construction and purchasing of the Southern, is in the district, looking after the work of the road in his department. Yesterday he spent the day on the Ems ley Southern, looking over the work of grading, which is being done prepara- tory to pushing the line farther west.
 Ultimately, it is the intention of the Southern to run the Ensley Southern into it's main line to Columbus, somewhere Professor Alsop Highly Complimented paratiyely a low grade, and should the Southern ever decide on a new main line west of here, it would be the Ensley Southern. When 1t connects with the main line it will give the Southern prac- tically a double track through most of the coal districts.
The Birmingham age-herald., 1907-04-14
PRISONERS OBJECT.
Do Not Like Sermons of Man Who
 Visits the Jail.

Tn answer to a long petition, signed by all the prisoners in the white jail, Sheriff Higdon yesterday issued orders to the wardens to prohibit the entrance of 8 MT. Wethers, who has been making 1t a habit to preach at the jail on Sunday.
 The prisoners complain of what Mir Wethers has to say, and seem to be de- teImined to lock themselves in their cells should he enter.
 The Salvation Army holds meetings in the jail every week and the' prisoners always take a special interest in the services. The sheriff always allows any one to enter the jail for purposes of that kind, but he thought the complaint of the prisoners well grounded.
The Birmingham age-herald., 1907-04-14
The InvincibIe Is Launched.

New Casle, Eng, April 13.-The British armored cruiser Invincible was launched this afternoon from the Elswick ship yard. She is one of the trio of the larg- est cruisers in the world, of which the first Indomitable, was launched March, 16. Under the admiralty orders, the great est secrecy was observed in order to pre- vent any details of the salient features of the new warship leaking out. Her dimensions are the same as those of the IndomitabIe.
The Birmingham age-herald., 1907-04-14
Will Meet at Gaeta.

Rome, April 13-It was officially an- nounced that King Edward and King Victor Emanuel will meet April IS at Gaeta. As Queen Alexandra will accom- pany King Edward it is expected that Queen Helena will go to Gaeta with King Victor Emanuel A grand naval review will be held in the gulf, the British and Italian sovereigns inspecting from their respective yachts the British and Italian squadrons.
The Birmingham age-herald., 1907-04-14
Should Be One London.

Washington, April 13-James Bryce the new ambassador to the United States from Great Britain, says he is not a reformer but that should be at any time be inclined to embark upon reform
 movement, it would be in the direction of a revision of names for American and Canadian cities. He says he especially abhors Implications, as they lead to con- fusion in the mails and telegraph. While
The Birmingham age-herald., 1907-04-14
Frost In Oklahoma

Oklahoma City, Okla, April 13.-The government thermometer here registered SS degrees last night Light frosts are reported from northern and western Oklahoma with fruit gardens on low grounds injured. Peach and otter fruit trees in Oklahoma are laden with young fruit, the season being nearly four weeks earlier than usual.
The Birmingham age-herald., 1907-04-14
Snow In St. Louis.

St. Louis, April 13.-Unseasonably cold weather of the past week became wintery last night and early today and occasional ly snow flakes fell. The temperature in St. Louis registered 36 degrees early to- day. At Unionville, on the northern boundary of the state, 9 degrees were registered this morning. continuation of the cold weather is predicted.
The Birmingham age-herald., 1907-04-14
Buds Are Damaged.

Lincoln, Neb. April 13.-The tempera- ture went below 20 degrees in most parts of Nebraska last night and fruit growers report nearly all buds damaged or killed Cherries and plums are killed and peaches are badly injured. It was the coldest April night Nebraska has recorded.
The Birmingham age-herald., 1907-04-14
Fairbanks Is Initiated.

Indianapolis, Ind, April 13.-Charles w.. Fairbanks, Vice President of the United States, and Representative James E. Watson of the Sixth Indiana district, were members of a large class that were initiated into the mysteries of the Knights of the Mystic Shrine last night.
The Birmingham age-herald., 1907-04-14
AnnIe Crop Ruined.

St. Louis. April 13.-Nurserymen in the vicinity of St. Louis express the opinion that the apple crop in this section has been ruined by the cold.
The Birmingham age-herald., 1907-04-14

diers of the Twenty-fiftn infantry di, shooting, so this matter will not be touched upon in the coming trial.
The Birmingham age-herald., 1907-04-14

speed the mobility, the power. the re- serve force that make up Oldsmoble Probability that make any condition pos siblc to this wonderful car. With an Olds- mobile you can go anywhere. do anything that any other car of similar rating can 60, no matter what the price. and you can depend upon the performance of the Olds- mobile under every condition absolutely. That is the car you want-for a good car for bad roads Is the best car for good roadn
 The oiidden tour followed by the 5oo- mile nonstop run, the 1400-mile New York Florida run, the subsequent mile and hundred mile records. and the Twin Peaks climb in California find fitting climax in the latest achievement of tho winning Oldsmobile-the Los Angeles-San Francisco run. You can't buy the same quality of Probability In any other car-- perfect performance with a flourish of style.
 Immediate Delivery
 Sample Cars at All Agencies The Olds Motor Works, Lansing,
 Mich.
 Member A. l.. A. NJ.
 Abbott Cycle O., Local Agents. New Orleans, La.
 Phone for Demonstration.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06
ALICE CLIMBED A TREE.
The President Daughter Lives Up
tc the Reputation of Her
Father.
Minneapolis Journal.

Minneapolis Journal.
It is whispered, and only whisper
ed, that Mrs. Nicholas oLngworth,
the former Alice Roosevelt actually
climbed a tree out in Yellowstone
Park and according to the story
which has reached Minneapolis, it
was no small tree, and Mrs. Long
worth went way to the top. What is
more, the story says, she did it just to
show that she was. her fathers daugh-
ter and to F'stump' her husband.
The Longworths passed through
Minneapolis recently on a trip to
Yellowstone Park. What the trip
through the park lacked in formality
and ceremony it made up in jollity
and good fellowship, according to
Charles Phelps, New York man, who
was at the West Hotel today.
According to the story, some one in
the party remarked that Mrs. Long
worth was certainly able to live up to
the reputation Of her father so far as
being an expert at s'roughing it'
was concerned, and somebody else ex-
pressed doubt that Congressman
Lo-gworth could keep up with his
wife if she got started on some real
Western stunts. That statesman, who
had been doing his best 70 show that
his heart was still light, remarked
that while his wife might have done
some things in the way Of roplng
steers and strangling catamounts
with her bare hands before her mar
riase, which he doubted his ability to
equal, he thought that under present
conditions he would refuse to admit
any superiority in such things on the
part Of his better half.
Without a word, Mrs. Longworth-
according to the starry, remember
jumped from the carriage, which was
moving along at lively rate, grasped
at the low branch of tree, and be-
fore the startled party had time to
eas,,. was scrambling up the trunk,
"shinning'' and pulling herself up
hand over hand.
"It's up to you Nick - cried the
breathless, but smiling and triumph
ant, daughter Of the President.
Chick" according to the story,
bought cigars.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06
Rising From the Grave.

A prominent manufacturer, VIM. A
Fertwell, Of Lucama, N. c., relates a
most remarkable experience. He says.
"After taking less than three bottles Of
Electric Bitters, I feel like one rising
from the grave. My trouble is Bright's
disease in the Diabetes stage. I fully
believe Electric Bitters will cure me
permanently, for it has already stopped
the liver and bladder complications which
have troubled me for years." Guaran-
teed by VIM E. Pelham & Son, drug
gists. Price only soc.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06
Neighbors Got Fooled.

81 was literally coughing myself to
death, and had become too weak to leave
my bed; and neighbors predicted that I
would never leave it alive; but they got
fooled, for thanks be to God, was in
duced to try DR. Kings New Discovery.
It took just four one dollar bottles to
completely cure the cough and restore
me to good sound health," writes Mrs.
Eva Cncapher, of Grovertown, Stark Co.,
Ind. This King of cough and cold cures,
and healer of throat and lungs, is guaran-
teed Dy VIM. E. Pelham & Son, Drug.
gists, soc and $500. Trial bottle free.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06
KERSHAW ELECTION ILLEGAL.
State Board of Convassers Decides
The Recent Dispensary Election
was Illegal.
News and Courier.

News and courier.
Columbia, August 1.-The state
board Of canvassers today unanimous
" decided that the dispensary elec-
ton recently decided by the Kershaw
county board Of canvassers to have
gone for prohibition by majority Of
81 was illegal on account Of irregu-
larities, which means that the dis
pensaries in Kershaw are to remain
open until the supreme court decides
otherwise. The prohibitionists gave
notice Of appeal to the supreme court
through certiorari proceedings, and
the papers have all been prepared,
Attorney General Lyon having been
given notice before hand.
Following is the report Of the state
board in deciding against the county
board:
"We. the state board Of canvas
sers. find the facts in this case to be
as follows:
"Upon the question of sale or no
sale of liquor two ballot boxes we're
provided and used at each voting
place in the county. Upon one OF
the ballot boxes were th- words, For
Sale and upon the other box the
words, Against Sale Persons faV-
oring the sale Of intoxicatns were re-
ouired to cast their ballots in the
box labelled Against Sale A SIM
liar arrangement of boxes and re-
quirement as to casting ballots were
provided for voting upon the question
Of manufacture or no manufacture,
one box being labelled 'For Manufac-
ture' and the other box, Against
Manufactured Upon the question
of application Of profits two boxes
were provided; upon one was the
words. 'For School Fund.- and upon
the other the words, For Roads and
Bridges the voter being required to
cast his vote in the box bearing the
label corresponding with his wishes
or vote. The clerk Of court Of Ker-
shaw county issued certain certificat-
es, Of which the following is copy:
"Clerk's Certificate Of Reeistra-
ton.
II. 7. P. Houeh. clerk of court for
Kershaw county. do hereby certify
that the name of ". R. Hough ap-
pears upon the book in my office as
No. 19, duly registered, in Buffalo
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06
CHEAP RATES

Via Southern Railway. jamestown
Ter-Centennial Exposition, Norfolk,
Va.
On account Of the above occasion
the following instructions will gov
ern the sale Of round trip tickets to
Norfolk, Va. from Mulberry, S. C.
Season ticket-$19.55. This ticket
will be sold daily April 18th to and
including November 30th, 1907, final
date to leave Norfolk returning De-
cember 18th, 1907.
so day ticket-$16.3O. This ticket
will be sold daily April 18th to and
including November 3Ott, 1907, final
date to leave Norfolk returning six
ty (6O) days from GATE Of sale and
not lated than december 18th, 1907.
Fifteen day ticket-$14.3O. This
ticket iwll be sold daily April 18th
to and including November Both,
1907, final date to leave Norfolk re-
turning fifteen (15) days from date
Of sale.
Coach Exclusion ticket-$8.55. This
ticket is not god in sleeping, Pull
man, or Parlor cars, and will be sold
on Tuesday Of each week during per-
iod of the exposition, final date to
leave Norfolk returning ten l0)
days from date Of sale.
For routes, stop-overs, etc., write
or call on US.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06
NOTICE..

WHEREAS Sarah W. Gaines, as
Guardian for James F. Gaines, John
Wise Gaines and F. N. Gaines, min
ors, has filed her Petition in this
Court asking to be allowed to account
for her actings and doings as Guar
dian for said minors and that she be
discharged as such Guardian.
NOW THEREFORE notice is Civ
en- to the creditors of said minors
and all other persons interested that
a hearing on said petition will be had
by the undersigned on Wednesday,
August 21st, 1907, at eleven o'clock
A. NJ.
F. NJ. Schumpert,
Probate Judge for Newberry County.
July 10Th, 1907. -.
1taw-f-30-dys.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06

and provisions Of said articles Of
agreement and consolidation.
These facts are set forth in the Ger
| tifcates of the secretaries of saic
companies, filed with the Secretary
Of State. when application was made
for a charter embodying the forego.
ing provisions, which was duly issued
by the Secretary Of State on the 18th
of May, 1902.
Chapter XLIV Of the Code of Laws
sets forth the conditions upon which
foreign corporations are permitted to
do business in this state.
Section, 1893, Of SAL! chapter, pro-
:ideS thai . when a fore ~en corpora
ton complies With the provisions and
requirements Of this chapter it shall
ipso facto become domestic corpora
tion and shall enjoy the rights and
be subject to the liabilities Of such
domestic corporations; it may sue and
be sued in the courts Of this state and
shall be subject to the jurisdiction of
this state as fully as if it were origi-
nally created under the laws of the
State of South Carolina.
Section 974 makes it unlawful for
any foreign corporation to do busi-
ness or attempt to do business in this
state without first having complied
with the requirements Of said chapter,
and provides a punishment for viola
tion Of said provisions.
It is not denied that the defendant
is operating its road in this state.
In 13 Enc Of Law, 995, it is said:
"When a foreign corporation avails
itself Of the privileges Of doing busi-
ness in a state whose laws authorize
it. to be sued there, by service of pro-
cess on an agent, its assent to such
service will be implied. It valves
the right to object to the mode of SER
vice of process, which the state law
authorizes. The fact that it has not
it to appoint and designate an agent
for service of process is wholly imma-
terial. It is stopped by its actions
from denying that it has complied
with this requirement.
The defendant is, therefore. estop-
ped from contending that it is not a
domestic corporation, for if it is not
then the operation Of its railroad in
this state is unlawful.
Public policy demands that the de-
fendant, under the circumstances,
should be regarded as domestic cor
poration.
From the fact that it is doing busi-
ness in this state the presumption
arises that it has complied with the
conditions upon which it was lawful
for it to operate its railroad.
I Elliott on Evidence, Section LOG;
% Enc of Law, 1880.
The motion is, therefore, refused
Ernest Gary, Circuit Judge.
1st Of August, 1907.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06

Township. prior TO january l, 1S9S,
under Article ,, Section +, Subdivi-
sion c. Of the State Constitution.
"Camden. S. c., this 29th day of
May. y. d. 1907.
II. C. Hough.
"Clerk Court. kershaw County.
''It was shown that in eight boxes
IA persons were allowed to vote up
on such certificates in this election
and without registration certificates
provided by law. That the majority
Of votes cast upon the question OF
sale or no sale were against sale, and
were 81 in number. That the ma
joritv OF votes cast upon the ques-
ton Of manufacture or no manufac-
ture were for no manufacture. and
were 81 in number The arrangement
of the boxes and the use of the GER
tificates Of the clerk Of court above
referred to were pursuant to general
instructions, issued to managers of
election at each precinct by the COM
missioners Of election, copy of the
instructions being hereto attached
and made a part Of the findings of
fact by this board. Each voter was
allowed to vote upon the question Of
sale or no sale and the application
Of profits as provided for in Sections
2 and 3 Of the dispensary law, and
also upon the question Of manufac-
ture or no manufacture as provided
for in Section 81 of the dispensary
law, upon taking the required oath
only one time, and as for one elec-
ton, and only one set Of managers
served at each precinct. That only
one petition was filed, in which an
election upon the Two questions of
sale or no sale and manufacture or
no manufacture we're prayed for.
'EUpon the facts above set forth
the state board Of canvassers find
that the said election was illegal, in
that Section 3 of the dispensary law,
regulating the number of ballot box
es. was not observed and that the
secrecy of the ballot was thereby de-
stroyed. Also that it was contrary
to law to allow persons to vote on
the certificates Of the clerk Of court,
and without registration certificates,
as provided by law. It is not deem
ed necessary to consider the other
findings Of fact in this case.
cit is ordered that the said elec-
ton be. and is hereby, declared null
and void and set aside"
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-06
Barbecue at Sigh g.

Mr.. Jno. G.. Mills will furnish a
barbecue at Sligh's on August II, the
occasion being the meeting Of the
farmers union. Prominent speakers
will be present and will deliver ad-
dresses. The price Of dinner will be
IS cents and 40 cents. Everybody is
invited and a good dinner is guaran-
teed.