davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-05-04
LOGAN vs. THE STATE.

43 So. Rep. 1O).
 1. Grand jury; authority to select; de facto commissioners. 1.-The two com missioners who drew the grand jury each held commissions to their office at the time they drew the grand jury and they were de facto officers and their acts valid, although they were subsequently, busted from office.
 2. Homicide; evidence; dying decla- ration; predicate, "A sufficient predi- cate was laid for the admissions of dy- ing declarations where 1t was shown that deceased said that he could not get well but was going to die. and wanted to be home when he died.
 8. Criminal law; appeal; matter not
The Montgomery advertiser., 1907-05-04

LOUISVILLE AND NASHVILLE R. R
 CO.,, vs. MERTz, BACH AND co. Action for damages for injury to prop
 erty. -Decided January 24, 1901. |, 43 So. Rep. p. Y 1. Railroads; injury to animals negligence; jury question. Whether defendant was guilty of negligence in failing to stop the train after those in charge of the same discovered that the mules were frightened. and before they backed the wagon against the +train and caused the injury. was a question for the jury.
 9. Same; instructions. A charge as- serting that If defendant was negli- gent in failing to stop the train, after Its servants discovered the peril, then plaintiff would be entitled to recover unless the jury were, reasonably satis- fled of the truth of either of defen- dants pleas if not guilty by reason of contributory negligence, fails to re- quire that the negligence hypothesized was the proximate cause of the injury and is seerroneous
 3. Trial; instructions: burden of proof --The charge asserting that upon the conditions named therein, plaintiff would be entitled to recover unless the jury were reasonably satisfied of the truth of either one of defendants pleas, in effect, places the burden of proof of the plea of not guilty on the defendant.
 4. Damages; injury to property; repair. --The measure of damages in this case was not what 1t would actual ly cost to repair the wagon, but what 1t would reasonably cost to put the property in the same condition as it was before the injury; or the difference In value of the property before and after the injury.
 Appeal from Mobile Circuit Court.
 Heard before Hon. Samuel B. Browne.
 Reversed and remanded. Opinion by Simpson, J.
 Tyson. c. J., Haralson and Denson. JJ., concur.
The Montgomery advertiser., 1907-05-04

CHRISTIAN CHURCH OF HUNTS WILLIE. EFT AL vs. SoMMER, EFT AL. Injunction. n.-(Decided February 5, 1907
 43 So. Rep. S).
 Injunction; disturbance of religious worship. "A bill will lie to enjoin non members of religious organization from forcibly entering church, changing the locks thereon, threaten- ing to disturb and interfere the rights of the trustees in their possession and control of the church property, and in- terfering with the orderly worship of God, although civil courts will not hear and determine controversies per- taining to the ecclesiastical or spirit ual features of church.
 Appeal from Madison chancery Court.
 Heard before Hon. W. H. Simp- son.
 Reversed and rendered. Opinion by Mcclellan J.
 Tyson. c. J.. Dowdell and Anderson, JJ.. concur.
The Montgomery advertiser., 1907-05-04

dict should be rendered for. defendant. was misleading and properly refused. a was an instruction asserting that-if the person named in the complaint did not thrown the switch, nor authorize the same to be thrown so as to divert the cars on the track where intestate was working, there could be no recov- cry.
 IT. Trial; instructions; conformity to issues--Where none of the counts sub mftted to the jury predicated negligence on signals given by one empioye to an- other, an instruction based on the giv- ing of signals was properly refused.
 IS. Same; instructions: credibility of witness--A charge asserting that If the jury believed that a witness had will fully sworn falsely to any material fact. they might. h their discretion, disre. gard his testimony. Is proper.
 1s. Appeal; exceptions to instrue- tion: review--Although the bill of ex- captions does not recite that the refused instructions was separately requested yet if each charge shows that it was separately considered and marked re- fused. the ruling on each ...struction is reviewable.
 Appeal from Gadsden City Court.
 Heard before Hon. John H. Disque.
 Reversed and remanded-opinion by anderson, J.
 Tyson. c. J.. and Dowdeil an: simp- son, U. concur.
The Montgomery advertiser., 1907-05-04
DUPREE vs. THE STATE.

DUPREE vs. THE STATE. Burglary.-(Decided Jan. 24, 1907. AZ So. Rep. 1004.)
 1. Criminal law; evidence; opinion evidence.-Where a witness has de- tailed the description of door. as to structure and locking. both on the in- side and outside, Is 1t improper to ask whether 1t was possible in his opinion for a certain lock on the in side of the door to have been broken from the outside. This called for evil dence of opinion on a matter to be de- termined by the jury from the evidence already given.
 2. Same; appeal: presumption.- Where the record rails to show what predicate was laid to authorize the admission of testimony tending to show confessions and admissions of guilt. this court. will, on appeal. pre- sume that a sufficient predicate was laid.
 B. Same; evidence; admissibility.-It having been shown that just before day Of the night of the burglary a witness went to the freight house door near the burglarized store and found the defendant standing near pile Of goods, shown to have been taken from the store, it was admissible, on proper laid to show what defendant had said DreQlCdIe LO lHO WAthCSo hchuih6 tO show that he was the guilty agent or concerned in the burglary.
 4. Criminal law; excluding evidence. A motion to exclude the answer Of a witness where objection was not made to the question nor to the answer until after the witness had answered, is not available.
 B. Burglary; evidence; admissibility. It was proper to permit evidence toA tn headuuarters were the goods which were found near the door of the burg larized store
 6. Same.-Where the evidence tend ed to show that the burglary was committed or planned by several per sons, 1t was competent for the State to show that on the night of the crime the defendant and others were together in a bar room and were seen together soon afterwards in an eating house nearby the bar.
 '. Criminal law evidence; confes- sions-It being shown that no prom ises, threats or inducements were held out to defendant, it was competent for the officer who arrested him to detail a conversation had with defendant con- corning his participation in the burg lary.
 Burglary: evidence: corpus delicti. -The corpus ueHcti may DC proven py circumstantial evidence in prosecu- ton for burglary.
 g. Criminal law; venue.--Where the indictment shows that it was found in a certain county, and the proof showed that the burglary was con- mitted in a certain city in this State. the court takes judicial knowledge of the county in which the city is situa- ted and the proof of venue is suffi- cient.
 Appeal from Montgomery Circuit Court.
 Heard before Hon. w. H. Thomas.
 Affirmed. Opinion by ,Haralson, J.
 Tyson, c. J., and Simpson and Dem
The Montgomery advertiser., 1907-05-04

PERRY ct al, V. THE STATE. Maliciously Defacing a Dwelling .-(De-
 cidsd February ', 1907. 4a So.
 Rep. 1S.)
 1. Criminal law; verdict; sufflciency. Where several are jointly indicted and tried and conviction had, yer dict assessing as a fine a single lump sum, is invalid; the verdict should as- sess a fine separately against each of fense.
 2. Malicious mischief: willful injury to real estate.--The offense denounced by Section E62o, Code 1898, Is one against the possession and does not involve ownership; hence. one charged with that offense Is not entitled to inquire into the right of the posses- sion of the person in actual occupancy at the time of the injury.
 8, Same; indictment; sufficiency .- An indictment charging that the de- fendants willfully injured or defaced the property of person therein named Is not open to the objections that it tails to allege the ownership of the dw cling, and that it charges the de- fendants with committing the offense jointly.
 {. Criminal law; conviction; judg- ment Upon the conviction of the de- fendant and the assessment of A fine
The Montgomery advertiser., 1907-05-04
NELSON V. THE STATE.

A
 Murder. (Decided February '. 1907. 43 So. Rep, 1s.)
 1. Criminal law; endorsement of witnesses on indictment; necessity - The fact that a witnesses name was not endorsed on the indictment under which defendant was being tried. of fers no good ground for objection to his testimony.
 3. Same; instructions; review.-Un- der Section 3327. Code 1896, this court will not consider instructions where the record fails to show that they were requested in writing, or that they were given or refused
 8. Homicide; self defense; instrue- tions.-An instruction predicating an aeauittal on impending danger to life or of great bodily harm that does not hypothesize that such reasonable be- lief therefor had been begotten by the attending circumstances, fairly creat- ing 1t and honestly entertained by the defendant at the time the fatal shot was fired. Is erroneous and properly refused.
 Appeal from Jefferson Criminal Court
 Heard before Hon. D. A. Greene.
 Affirmed. Opinion by Mcclellan, J.
 Tyson. c. J., Dowdell and Anderson, JJ.. concur.
The Montgomery advertiser., 1907-05-04

HERNEf, FIT AL VS. hAhI. Action for Damages Against Innkeeper
 by Guest.-(Decided Dec. IS. 1906.
 42 So. Rep. 1013.)
 l. Inukeepers; duty as to furnishing 2 accommodations.-In the nbsence of special contract under Section 253s, Code 1898, the common law rule meas ures the liability of an inukeeper, and while he may assign the guest to an- other proper apartment, he may not put him out of the apartment assigned kim and refuse to furnish him other proper accommodations
 2. Appeal; review: granting new trial-Unless the evidence plainly sup ports the verdict, the granting of a new trial for insufficient evidence will not be reviewed.
 Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne.
 Affirmed. Opinion by Haralson, J.
 Tyson, c. J., Simpson and Denson, JJ.. concur.
The Elbert County tribune., 1907-09-12
Hay

Upland, per ton, sl3.5O@s15.0O; sec
ond bottom, s95O6s1O.5O; timothy,
$14.00@$15.00; alfalfa. sS.00@s9.50
straw, s4.5O@$5.O0; South Park wire
grass, $13.50@s14.50.
The Elbert County tribune., 1907-09-12
DralnIns AIkan Lands.
c. w. Dorsey.

Whether or not drainage is neces
sary to reclaim a certain piece of land
depends on the quantity OF alkali pres
ent, the character OF the soil and the
depth to standing water. With porous
sandy soils only moderate quantities Of
alkali and the ground water at a depth
of four feet or more, heavy flooding for
a few months will SO reduce the alkali
content that useful crops may be
grown. To keep the land free from al
kali heavy surface irrigation should be
given. This will drive down whatever
salts are carried upward by the capil-
larry rise of the soil moisture.
At any time should the ground
water rise within few feet OF
the surface gradual accumulation of
alkali may be expected. Should the
practice of occasional heavy irrigation
be discontinued alkali will undoubtedly
increase in the upper layers OF soil.
Many examples have been recorded in
which land reclaimed in this way has
again been ruined by a second accumu-
Iation of alkali. Such examples have
probably prejudiced many farmers
against freeing land from alkali by this
means. When large quantities of al
kali are contained in heavy clayey soils
this method becomes of more doubtful
application. The quantity Of water nee
essary to wash the alkali to the point
where 1t will no longer harm crops may
be sufficient to raise the ground water.
thereby defeating the objects of the ex-
pertinent. Again, the length of time in
volved in reclaiming such soils must be
considered. While 1t may be possible
eventually to reclaim heavy soils con-
tanning much alkali, the time necessary
to do this will probably be SO great that
it will be far cheaper to drain the land
to hasten the reclamation and put the
land in crops. Frequently crops from
productive land amount to from $40
to $50 and even more an acre. From
this 1t will be seen that 1t would be
well worth from SIS to $40 an acre, the
cost of drainage system, If by this
expense the farmer can get his land
into paying crops one year sooner than
he could by flooding alone. The ques-
ton of permanent reclamation also en-
ters, for unless the land is naturally
well drained and carefully managed
alkali may accumulate in even greater
quantities than were originally pres
ent. The observant farmer has learned
that drained land can be cultivated
earlier in the spring and is warmer;
that excess of rainfall is rapidly
drained away, while sufficient moisture
is retained in the soil to maintain Wig
orous growth and for these reasons
add to the value of the land
The Elbert County tribune., 1907-09-12

One of the drawbacks to the use OF
iong-distance electricity has been the
liability to breakdowns. caused by ac-
cidents, including those due to light
ming. which result In shutting off power.
and often in unpleasant and costly in
terruption Of traffic. Many localities
depending on power transmitted over
long lines of wire have had such ex-
periences. Syracuse uses for its transit
system electricity generated at Mia
CARA Falls, and has had some very an
noying occurrences of the sort, and as
a consequence the traction company
adopted the policy of keeping its local
power houses in readiness for use
Now 1t is announced that the line from
Niagara Falls has been duplicated, and
that henceforth it will be practically
impossible for the current to be shut
on completely. 1t is asserted most
positively that neither thunderstorms
nor any other influence can put both
lines out Of commission at once. At
any rate the precaution seems to be
wise one. Electric power that is like
ly to give out when most needed does
not command the confidence of the
community 1t serves.
The Elbert County tribune., 1907-09-12
DENVER MARKETS

Denver Union Stock Yards, Septen-
Ger 9.-Supply Of cattle was fair here
last week, but not heavy. Prices de-
clined slightly early In the week, but
the loss was practically all regained
before the close and good beef stuff is
strong to 15c higher than a week ago.
Good feeders and stockers are fully
steady and the demand for all classes
of cattle is better than the supply
Eastern markets are generally called
15@25c lower for the week. Beef
steers were not very plentiful and
nothing very good here. Choice steers
are quotable up to IS, but few here
good enough to land above $40 dur.
ing the week. bulk selling from this
down to 81. Choice COWS from the
western slope sold at $3.75@3.90, with
bulk of the fair to good killing cows
offered during the week going at $2.85
@3.50. Common cows moved more
readily than week ago. but not much
change in prices. Bulls were firm.
with good killers selling at s2.75@3.00,
and feeders from $2.5OQ2.75. Veals
sharply lower. bulk now bringing $500
@4.50. Feeder and stocker demand
was very strong, but supply was not
very heavy. Prices were lower early
in the week, but the loss was mostly
regained since and prices closed about
steady. Good to choice dehorned feed.
ers OF from 1000 to 1.150 pounds are
quotable at $4.40@4.9O. fair to good
kinds around s3.S5@440 and the me.
dium and plain steers from $4,000
3.75.
Hog supply, though heavier than
preceding week, was still short of the
demand. Prices are gradually work
ing higher and bulk of hogs are now
selling around $610@6.25.
Sheep prices are lower than a week
ago. owing to drops East. Good lambs
sold here this week at s6.65, just fair
wethers and ewes mixed at $500 and
yearlings at $3.50 The local demand
is very good.
The Elbert County tribune., 1907-09-12
Rich Settlement in Wyoming.

Teams are now at work and large
force of engineers, men and machinery
busily employed, the canal of the
Eden Irrigation and Land Company is
progressing so well that 10000 acres
will be under water by December.
Franklin Price Knott, president and
general manager of the company, an
nounces that SO much of the Eden val
ley lands are now thrown open for
settlement. The drawing will be held
in Cheyenne, Wyoming, late in Octo-
ber.
The land is located in Sweetwater
county, Wyoming. One hundred thou
sand acres have been segregated under
the Carey act. approved by the secre-
tary of the interior.
The Carey act gave to Wyoming
1,00GS00 acres of government land on
condition that the state should irrigate
it, construct reservoir and canal sys-
TENS. The different states are al
lowed to make their own terms with
the settlers. All that the state govern
ment gets is a fee of 25 cents upon
filing and 25 cents when the patent
is issued.
Locations under the Carey act re-
quire the settler shall live on the land
only thirty days. Patent is issued when
one-eighth of the total area occupied
is under cultivation.
The Elbert County tribune., 1907-09-12
NO BAN ON
FILIPINO SUGAR
NATIONAL IRRIGATION CONGRESS
DECIDES TO ELIMINATE ANY
PROTEST.
POLITICS ARE CUT OUT
POLICY OF ROOSEVELT IN REFER
ENcE TO WATER AND FOR
EST ENDORSED.

Sacramento-Frank C. Goudy of
Denver was unanimously chosen presi
dent of the National Irrigation Con-
gress. The next meeting will be at Al
buquerque, New Mexico.
The efforts to have the Fifteenth r.
rigation Congress pass a resolution
presented by Judge Baker. calling for
the withdrawal OF the duty levied on
timber has failed. Another important
action OF the gathering today was its
decision to eliminate a resolution pro-
testing against the enactment OF any
further legislation favoring Philippine
sugar. With this latter exception the
report Of the committee on resolutions
was adopted as read and the policy of I
President Roosevelt and his admins
tration in relation to reclamation. con-
servation of water and forests and
other matters was in n1orsed.
Judge Baker withdrew his motion fsr
the purpose of harmony, but the sugar
question was only settled after heated
discussion, the friends of the beet su-
gar industry making a strong fight in
their interests. The sentiment in
favor of eliminating politics from the
Irrigation Congress was responsible
for the withdrawal of the lumber and
sugar propositions.
Arthur Briggs succeeded in getting
the congress to pass his resolution in
the interests of California fruit grow
ers in relation to the use of sulphur in
drying fruit. The resolution asks the
Department of Agriculture not to en-
force the regulation of the pure food
law in the matter without further In
vestigation.
The congress adopted unanimously
the report of the committee on perma-
nent organization on officers. The
newly elected officers are Frank c.
Goudy of Denver, President; George e.
Barstow of Texas, first vice president,
John E. Baker of Modoc county. Cali
fornia, second vice president; Herbert
E. Strain of Montana, third vice presi-
dent; B. A. Fowler of Arizona, secre-
tary.
Albuquerque. New Mexico, was Sc
lected as the meeting place of the Six,
teenth Irrigation Congress. The only
city named in opposition was Walla
Walla, Washington. DR.. Blalock of the
Washington delegation extended the
invitation on behalf of that place. Hon.
r. E. Twitchell of Las Vegas made an
eloquent appeal for Albuquerque. With
the exception of Oregon, Washington
and Idaho, the state delegations voted
fo- Albuquerque.
The Elbert County tribune., 1907-09-12
Ebert County Tribune
}. {. Pope. Editor and Publisher.
HILBERT. COLORADO.
Broken Rails.

Among all the causes Of railroad &C
cidsnts in the United States, none is
mentioned with greater frequency
than the broken rail. Many causes are
assigned, and doubtless many are con-
tributory. An excess Of phosphorus.
not easily eliminated by the Bessemer
process, by which nearly all American
rails are made. has been most com
monty blamed; but some of the best
mechanical engineers now regard this
cause as unimportant. Improper shape
and q lack of pressure In rolling mod
ern heavy rails proportionate to that
which was available for the lighter
rails of the past are more important
faults. An excess of carbon Is an
other. The fault of shape is the thin
ness of the web or shank Of the rail.
and the thinness of the base. The
disproportion between these parts and
the head of the rail tends to lack OF
uniformity in texture after cooling.
The excess Of carbon is not the fault
OF the rail-makers. but OF the rail-
roads. The more carbon, the harder
the rail, of course; and the harder 1t
Is, the better 1t will resist fricional
wear. The desire of the railroads to
minimize the cost OF trackage repairs
has led to demands for steel Of high
er and higher per cent. of carbon, until
now American rails are the hardest In
the world. Most important Of all, says
Youths Companion. is the strain i'm
posed upon rails by the great weight
and high speed of modern trains.
Mechanical engineers believe that
with the present style of rail the limit
OF safety Is reached at an axle load of
$4,000 pounds; yet many trains con-
siderably exceed that figure. The
American Railway Engineering and
Maintenance OF Ways association and
the American Society for Testing Ma
terials have adopted specifications for
standard rail heavier in the web
and the base than those now In use;
and these specifications have been ap-
proved by the American Society Of
Civil Engineers. Meanwhile the head
of one of the greatest railway systems
In America has withdrawn his rail
contract from a company whose prod
uct has been unsatisfactory to him,
and given 1t to concern from which
ne hopes to get better results.
The Elbert County tribune., 1907-09-12
Thirty-five Carloads of Pears.

The first shipment of thirty-flve car
loads of pears from the Grand valley
this season brought the growers s45,-
900. This is an average of $1,2S5 for
each carload of 500 boxes and
establishes a record on prices re-
ceived for pears in the Ameri-
can fruit industry. The shipments
made up entirely OF Bartlett and
Flemish Beauty pears, three grades of
each. The prices received were as fol-
lows: Fancy Bartletts, $2.65 a box;
fancy Flemish Beauties, $500; choice
Bartletts. 5000; choice Flemish Beau
ties. $1.50; six-tier Bartletts, $2.05; six
tier Flemish Beauties. $780, The later
shipments are bringing even higher
prices and up to the present time fully
$50 carloads have gone out OF Grand
Junction, mostly to the larger eastern
cities, which does not look like an en-
tirely off-year for fruit.