davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-24
ABRAHAM BROS v. SOUTHERN
RAILWAY COMPANY.

Action for Damages for Injury to
Stock-(Decided Dec. goth, 1906
AZ So. Rep. 837).
/. Pleading; dilatory pleas; time OF
filing.-Rule 10 of practice in circuit
and inferior courts of common law
jurisdiction, Is inapplicable to a plea
in abatement which is in substance an
amendment of former pleas filed In
time, to which demurrers had been
sustained and leave granted to amend.
g. Corporation; process; service on
foreign corporations; constitutional and
statutory provisions.--The act OF a
foreign corporation in constituting
agents. and placing them in county,
authorizing them only to solicit traffic,
freight and passenger, but without
authority to bind the corporation. WIS
not an act of doing business" in
such county, and in the absence of
line of railroad in the county or the
operation of trains through the county.
or in the county, the courts of such
county have no Jurisdiction of causes
against such corporations. and as to
such county. such corporation is not
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-24
Poor Man,

rs your wife a physical culture fiend
like mine?-always swinging things
around"
"No, er-mine's physical torture
crank; she's swings things around the
kitchen and am the victim"
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-24

BIRMINGHAM RAILWAY. LIGHT &
POWER COMAPNY vs. WISE.
Action for Damages for Injuries Re-
sulting from Failure to Receive
Plaintiff as Passenger-(Decide
Dec. 90, 1906. AZ So Rep. S21.)
!. Carriers; existence of relation OF
passenger and carrier; pleadings.-A
complaint containing allegations that
defendant was a common carrier OF
passengers by means of electric cars
running from G. to B.. that plaintiff
and her children were at G., at the
proper place there for receiving pas
sengers. for the purpose of being trans
ported by means of such car from @.
to B.; that the car stopped ut said
place for the purpose OF receiving pas
sengers, but plaintiff did not board 81
by. reason of the negligence of the
servant of defendant in charge of the
car in negligentfy failing to allow her
reasonable time or opportunity to do
so. aside from the positive allegations
therein contained that plaintiff and
hor children were defendants passen-
gers and that 1t was atB duty to trans
port them from G. to B., sufficiently
shows the relation of carrier and pas
senger.
2. Same; wanton injury: pleading
A complaint, after alleging that the
servant of defendant in charge of the
car negligently failed to allow plain
tiff reasonable time or opportunity
to board the car, averred that defen-
dant's servant in charge of the car,
while acting in the line ano scope of
his authority as such servant, wan
tonly or Intentionally prevented plain
tiff from boarding said car as afore-
said, and thereby wantonly or 1nten-
tionally caused said plaintiff to suffer
said injuries. Held. sufficient to charge
wantonness or intentional injury.
8. Appeal; review; discretion; COM
potency of immature witness-Cnless
1t clearly appears that the courts dis
erection was improperly used in per-
hitting witness of immature years
to testify. 1t will not be reviewed on
appeal
4. Trial motion to exclude evidence.
Where there was no objection to the
question or the answer thereto, and
the evidence was relevant, a motion
made to exclude such evidence, made
at the close of the defendants tes-
timony, comes too late.
s. Damages; right to punitive dam
ages: instructions.-An instruction
authorizing punitive damages ii the
act was done negligently. Intentional
~ orewantonly, is improper; such dam
ages not being recoverable for simple
negligence.
Appeal from Birmingham City Court
Heard before Hon. C. w. Ferguson.
Reversed and remanded. Opinion by
].
Tyson, c. J., Simpson and benson.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-24
c. W. ZIMMERMAN MANIC. co. "
DAFFIN.

DAFFIN.
Trover and Trespass.-(Decided De-
cember IS, 1906. AZ So. Rep $3.50
/. Logs and logging: sale of stand
ing timber; right to remove.-Where
the owner of land executes a convey
ance to all the timber of certain size,
the legal title to the timber is in the
grantee, and he may remove st after
the time limit fixed in the conveyance,
in this case two years. but for so doing,
he is liable to the grantor in IN action
for trespass quare clausum for such ac-
tual damages as is sustained to the
possession.
Q. Life estate; action by life tenant.
while life tenant may maintain
trespass quare clausum for damages to
his possession, he cannot maintain tro-
yer for the conversion of trees grow
Ing on the land, nor trespass de bouis
asportavis for the taking of them.
3. Trespass; damages; nominal dam
owning the standing timber on the
the expiration of the time limit fixed
by the conveyance for such removal,
but in removing the timber did no ap-
probable damage to the soil or TO the
possession. is not liable for more than
nominal damages IN trespass quare
clausum.
Appeal from Clarke Circuit Court.
Heard before Hon. S. H. Sprott.
Reversed and remanded. Opinion by
benson. j.
Tyson. C. j., HARRISON and Simpson.
u. concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-24

CLARK v. JERNIGAN.
Trover.-(Decided December 20. 1906
AZ So. Rep. S33.1
!. Bills of exception: time of sign
ing-Where a bill of exceptions is NOT
signed during the term at which the
judgment is rendered, and no order IS
entered during the term extending the
time for signing, it will be stricken on
motion.
2. Costs; taxation in actions of
tort; county court; statutory provision.
Under the act creating the County
Court of Coffee County Goc Acts,
1908. p. 399), the said court has 1uris-
diction concurrent with justices of the
peace, and with the Circuit Court up
to the sum of $500. and it's jurisdiction
In an action of tort for damages in the
sum of ss5, is that of Justice of the
peace. and not of the Circuit Court,
and Section 1926 of the Code of 1896
has no application to the taxing of
the costs.
Appeal from Coffee County Court.
Heard before Hon. B. Dixon Arm
strong. Special Judge.
Affirmed. Opinion by Tyson. c. j.
HARRISON, Simpson and benson, u,
concur.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-23

Immediately in the Richmond public
schools.
At the time of her graduation Mrs.
Williams, but girl in her teens, was
wearing short skirts, and her appear
ance being youthful, in connection with
the fact, that she had passed the state
teachers examination with credit,
made her appearance as an instructor a
matter of considerable interest.
She was the only colored woman to
speak in the Educational congress at
the Worlds Fair in Chicago, in 1893
At this time she read a paper on THE
Race Question" which attracted con-
siderable attention.
Mrs. Williams family claims some
white blood. A grandmother was en-
tirely white, it is said, and Spanish
blood is also boosted on one side of the
family.
Mrs. Williams was stepdaughter
of Bishop William Paul Quinn, the
fourth bishop elected in the A. NJ. E.
church.
Funeral services will be held We'd
nesday morning. after which the body
will be taken to Richmond for burial
and friends who wish to view the face
may do SO at Earlham cemetery.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-23
EARL HAMS FIRST
COLORED GRADUATE
Ladonia Williams, Who Has
Just Died at Indianapo-
lis, Had This Honor.
A SUCCESSFUL EDUCATOR.
SERVICES WILL BE
HELD ON WEDNESDAY AND
THE BODY WILL BE BROUGHT
TO EARLHAM CEMETERY.
A SUCCESSFUL EDUCATOR.

In the death of Mrs. Ladonia Will
liams. 53 years old. at her home at In
dianapolis, the life of one of the few
colored women educators of the coun-
try, an exponent of negro rights and
perhaps the best known colored wo-
man, in Indiana, passed out Sunday
night. Death was due to a cancerous
disease.
At the time of death Mrs. Williams
held teachers position in the F'reder-
lex Douglas School, with which she
had been identified since 1891. Aside
from this position she also taught in
Richmond and Evansville, Ind, Leav-
enworth and Topeka, Kas., and in
Harrisburg KY, during a career of
between thirty-five and forty years as
an instructor.
Mrs. Williams was born in Cincin-
natl, o., but at an early age was
brought to Richmond, Ind, with her
mother. There she entered the public
schools and later Earlham college,
where she was the first colored stu
dent to graduate. She began teaching
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-23
CITY ADVERTISEMENT.
DEPARTMENT OF PUsLIc WORK,
Office Of the Board.

RICHMOND, IND, July 23rd, 1907.
NOTICE TO CONTRACTORS:
Notice is hereby given by the Board
of Public Works of the City of Rich
mond, Indiana, that sealed proposals
will be received by it, at it's Office,
at the hour of 10 o'clock a. M, on
Wednesday, Aug. eth, 1907, for the fol-
lowing described public improvements
in the City of Richmond as authoriz-
ed by the Improvement Resolutions
named:
Improvement Resolution No. 126-1907.
For the improvement of South 18th
street by the construction of a cement
sidewalk on the East side thereof to
a uniform width of six CO. feet from
South &c" street to the North line of
Lot East Oakland Addition.
All work done in the making of said
described public improvements. shall
be in accordance with the terms and
conditions of the Improvement Resolu-
lions, as numbered, and the detail
plans, profiles, drawings and specifi-
cations which are on file and may be
seen in the Office of said Board of Pub
lie Works of the City of Richmond.
The bidders, in submitting propos-
ais to make said described public inn
provements. must accompany each bid
with a certified check in the sum of
$4,000. as evidence of good faith that
the successful bidders will execute,
within ten days from the acceptance
of proposals. contracts and bonds sat
isfactory to the said Board to do the
work of making said improvements. A
failure of the successful bidders to
enter into such contracts and bonds
upon the acceptance of such proposals
will forfeit the checks and the sums
of money payable thereon to the city
as agreed and Hquidated damages for
such failure
The Board of Public Works reserves
the right to reject any or all bids.
CLIFTON w. MERRILL.
WATSON P. O'NEAL,
B. B. JOHNSON,
Board of Public Works
jul 1880
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-23
SCHOOL BUILDINGS
BEING IMPROVED
Eight of Them Will Be Newly
FresC0ed During the
Summer Vacation.
TWO NEW HEATING PLANTS.
THE HIBBERD AND VALE
SCHOOLS RICHMOND TAKES
HIGH RANK.

| Eight of Richmond'S ward public
school buildings will be newly fresco
ed during the summer months. while
two of them will be fitted with new
heating plants. When the work is
completed it will almost finish the
school building improvement work,
mond for the past several years. Three
buildings will remain in which heating
plant repairs will have to be made, but
this work will not be done until next
summer and will not by any means APP
proach the outlay of expense for re-
modelling the other school buildings of
the city.
New heating plants have been in
stalled in the Vale and Hibberd
schools which will cost $500. The
plant at the Hibberd school will be en-
tirely new, while the plant at the
Vale school will be built of the old
apparatus taken from the other school
buildings in the past three years. The
steam blast system will be used at the
Hibberd school building. The rooms
of the school will be heated and cool
ed by mechanical ventilation. The
plant is modern in every respect. c.
II. Johanning, who. uptodate has plac-
ed all the heating plants in the city
schools. is doing the work.
At the Vale school the blast furnace
system will be installed. This. too.
will have mechanical ventilation. Each
room will be fitted with automatic
thermostadts which control automatic
ally the temperature in the school
rooms, keeping them at seventy de-
grees day after day.
1t is being said on all sides without
fear of contradiction, that Richmond
has the most modern school buildings
of any city its size in the Middle. West,
the school board sparing no expense to
make them such.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-23
He WILL ENTER EARL HAM
Friends Pastor Resigns to Go
To School,.

Wabash, Ind, July 23-The Rev.
Levi j. Pennington, pastor of the
Friends church, has resigned, effect
i've in September, to enter Earlham
and take the Biblical course. He will
be pastor at Knightstown during his
collegiate course.
He is president of the Wabash min
isterial association and was the pro-
hibitionist candidate for congress in
this district. He has been pastor but
four years, formerly being a newspa-
perman. He will be succeeded by the
Rev. Oscar Moon, of Wichita, Kas.,
recent graduate of Earlham.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-23

During the summer kidney irregu-
larities are often caused by excessive
drinking or being overheated. Attend
to the kidneys at once by using Foley's
Kidney Cure. A. G. Luken & Co.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-23
DR. PRYOR HEALTH OFFICER
Named by PrebIe Trustees 10 Succeed
DR.. Quinn.

Eaton, o., July 23-The township
trustees have appointed DR.. L. r. Pry
or health officer for period of one
year, to succeed DR.. James l.. Quinn
whose term has expired.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-07-23

Great Britain owns more land of
North America than the United
States.
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31
CATHERINE THE GREAT.
An odd Woman was This Empress
of the Russians.

An Odd Woman Was Thia Empress
of the Russians.
A recent writer says Of Catherine the
Great empress of Russia from the
year 1862 to 1906:
"She rose at 6 and lit her own fire
Her table was ideally simple. From
the reproach Of overeating and over
drinking she was free. Though she
could not sing a note, she and Prince
Dashkofr, who could sing no better, oc-
caslonally performed In a concert. A
sudden burst of the most exalted and
ridiculous discordant tones was the
consequence, one secondlng the other,
with scientific shrugs and all the sol
emn, self complacent airs and grimaces
Of musicians. From this perhaps she
passed to cat concert and Initiated
the purring Of a cat in the most droll
and ludlcrOus manner, always taking
care to add appropriate, half comic,
half sentimental words, which she In
vented for the occasion, or else, splitting
Ike cat In passion. with her back
up, she suddenly boxed the first person
In her way, making up her hand into n
paw and mewlng outrageously."
When playing whist one night Gather
Inc could not get her page to answer
the bell, "After she had rung twice,
again without effect, she left the room,
looking daggers, and did not reappear
for considerable time. The company
supposed that the unfortunate page
was destined to Siberia or at least the
knout. AS q matter Of fact Catherine
on entering the antechamber found the
page like his betters, busy at whist
when the bell rang he happened to
have so interesting a hand that he
could not make up his mind to quit II.
Now, what did the empress do? She
dispatched the page on her errand and
then quietly sat down to hold his cards
until he should return"
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31
THE AGRA DIAMOND.
ODD Manner In which II was Snug
Rled Out Of India.

Odd Manner In which II Was Snug
Eled Out of India.
Like many other diamonds, the Agra
diamond has had adventures, It gets
its name from the fact that 1t was tax.
en- at the battle Of Agra in 1925 by the
Emperor Baber, who was the founder
Of the Mogul empire In India. The
Marquis OF Donegal was ia Agra in
1857, when the diamond was taken
from the king Of Delhi Donegal was
at the time engaged as secretary and
belonged to the same regiment as the
young officer who obtained possession
Of the diamond. 1t was resolved
among them to smuggle 1t home to
England rather than give 1t up and to
share in the loot money. The question
arose how were they to get 1t home.
No one seemed able to hit upon a
method that would be likely to meet
with success until ths1ast evening pre-
vlous to the departure Of the regiment
During the course Of dinner the youn-
gest subaltern suddenly jumped up and
said Il have It. We will conceal the
diamond in a horse ball and make the
horse swallow it." This met with gen
eral appreciation, a ball was secured,
the inside scooped out, the diamond in
serted, the end stopped up and the
horse made to swallow 1t.
When the regiment reached the port
Of embarkation the horse was taken
i'll and had to be shot. The diamond
was taken from his stomach and
brought over to England. 1t was sub
seQuently sold to the Duke Of Bruins
wick, and since then 1t has been recut
from a forty-slx carat stone to thirty.
one and half earats in order to get
rid Of the black spots in It, and it is
the most perfect and brilliant diamond
Of a rose pink color.
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31
MODES OF THE MOMENT.

Cluster effects are the most striking
among the latest mesh wells.
velours, velveteens and corduroy are
much used for winter costumes for
walking, travelling and skating.
Pink in all its tintings remains one
Of the most fashionable and certainly
one Of the most becoming colors for the
debutante.
Instead Of lace motifs decorating the
velvet and beaver hat. things are now
reversed. Beaver ornaments or what
the French call macaroons now stud
lace hats.
Pale tinted MORE silk draped with
chiffon and trimmed with narrow bands
Of fur is among the very fashionable
gowns worn by matrOns at weddings
and large receptions.
Bolero jackets OF black silk renais,
sance lace are very useful 70 cover up
a favorite waist slightly the worse for
frequent wear. Under this charitable
exterior It can enjoy q new lease Of
life.
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31
Hanson Happenings.

RI. Csulk and family have
lOVed into their new home. We
r 'ighted to have them with us
p IT, new house adds much TO
looks of oul little village.
The camp meeting was quite a
'ce'' We had some old time
|outrS, Brother Cecil is a good
'a'L r We enjoyed having him
~ us also, Ernest Cecil. the
yer and Miss May Cole, the or
mist We bad large crowds.
S.F Burnett has sold out his
pc n Lee Williams and has ac-
P'sd position on the road. We
'e' lose Sam although we well
ne +. Williams and family.
Ms Willie Howard spent q few
- the home Of Mr.. Bill Caulk
w (.
N INN Calhoun visited friends
aA' On this week.
\, Lanier was a Welcome visitor
'''s 'lnce last Sunday night.
aa' Maaee Burnett returned
7 londay. She has been spend
''''e tire with Mrs. RI caulk.
y'uog lady says she enjoyed
4 I. very much and We believe
~ and BY the numerous callers
''0 no doubt she win come
y s,'on.
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31
Andrew Johnson,. writina.

The letters Of President Taylor are
rare, but perhaps those Of Andrew
johnson are the rarest, as he ala but
little Of his own writing. His son
conducted most Of his correspondence
and signed his fathers name to the
letters. It is related that one reason
why President johnson wrote SO little
was owing to an accident which hap
pened to him when he was working at
his trade as tailor. One day tallor's
heavy iron goose fell on his arm, so
injuring that member that he found it
extremely difficult to indulge In pen
manship thereafter. Andrew Johnson
was the poorest writer among the
presidents as well as the rarest His
handwriting was very much OF a
scrawI and can scarcely be deciphered
By the average reader.
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31
go, p,esentments OF Grand Jury
's y, Il, county 81 Madison. Fail
~ rsrm Circuit court, 1907.

~. y. -, County Of Madison. Fail
w. term Circuit court, 1907.
IN Madison Circuit Court, ard
judicial Circuit Of Florida.
Madison, Fla, Oct. 10Th 1907.
! ,hs Honorable B. H. Palmer
.s,ouit Judee;-
We. the Grand Jurors in and for
|, body OF Madison county, State
|, Florida, chosen for the Fall Term
/, oJua, A. D. 1907, do hereby
~. ,Dis our General Presentmenl;
r,.,. We find upon investigs-
:, .hst the roads throughout the
srDtr are not in as good condition
,bsy should be, aud recommend a
,o,s thorough working OF the same.
NJ importance Of good highways
,ocslculabIe, furnishing as they do
4. channels through which the peo-
ARE enabled to transport their
,rodurts to the markets. The pub
1. roads OF necessity should be
,0ulsrly and thoroughly. worked
M Al all times kept in good repair.
Second: We deeply regret to
Io,s that crime seems to be on tile
Increase, principally in the matter
ibs sale Of liquors in violation of
hshw. We are glad to note that
lur Sheriff seems TO be imbaed with
bl0h sense Of his duty in this
rticulAr regard and that bis efforts
tsnetlng out such violations are
,uest and thorough. We would
,oommend increased vigilance to
IL end that the illegal and immoral
stSc in liquors in this county be
,,ly and effeotually stamped out.
Third: Our public buildings
Gem to be in good repair but we
uuId recommend a little more at
,nton to the court house yard
hicb appears to be in need Of at
ution. Our jail Is in excellent
ondlilon, clean and well kept, and
\ unfoItunAtes who are compelled
iDhabit the building from time
tine appear to be well cared for,
Fourth. To Your Honor we de-
d to offer our sincere thanks for
auhitorm courtesy extended to
and for the able and impressive
large with which you started us
upon our work. And our cor
iltbanks are also extended to the
u States Attorney for his counsel
4 guidance at all times.
hilh We recommend that these
snsral Presentments be published
The New Enterprige.
And now having finished our
SOn we respectfully ask to be dis
'rgd from further service.
respectfully submitted.
Z. 'AILEr, john CoFFEE,
Clerk. Foreman.
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31
.For serYIee.

The fine Spanish Jack owned by
DR.. C. H. Smith, can be secured for
service upon application. Season
from Sept. LIST to May LIST. Price
$40 for season, $500 in advance. In
town every other Saturday. See or
write to S. B. Mays.
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31
cYNIcIsMs.

Every big man has lot d little
ways left over from bis little days
You may think you are right but
wouldn't you give a good deal at timeg
to know IT.
A critic is, FIRST Of an. liar. he does
not hesitate to ten 81 untruih % make
q gQQd point
The new enterprise. (Madison, Fla.) 1901-1908, 1907-10-31

,grhis scheme Of NINE said the pro
moter, "wil make you rich"
maybe" said the plain, easy going
man. -But II / had the money neces-
sary to take the chance I'd feel 80 rich
that there would be no need Of going
any further"-W Washington Star.