davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-04-21
DUNN AND LALLANDE BROTHER
 Vs. GUNN.

DUNN AND AAklIANDE SROldER5
 vs. GUNN.
 Action for Damages for Personal h.
 jury Received by Falling Into nn
 Open Ditch.-Decided Dec. 21,
 1908. AZ So. Rep. 6S6.) 1. Highways; definition; public highways.--A public highway is one established in regular statutory pros ceeding. or one used by the public for twenty years or more, or one under the control of the public dedicated by the owner; and every public thoroughfare is a highway
 2. Same: regulation; obstruction {: notice.-The owner of land Swho per mits the use of a road over it cannot place instructions dangerous to travel in the same without giving notice to those using 1t, nor can he license a third person to do 80.
 g. Same; actions; pleadings: general issue; special defense.-It was not er- TOT to sustain demurrer to a plea denying the existence of a public or neighborhood road as alleged in the complaint, where the general issue had been interposed also
 4. Same; knowledge of defendant A plea asserting that the road referred to in the comlpaint was SO indistinct that 1t did not appear to ordinary ob- servation to be road used by the public, Is demurrable in not alleging that the defendants did not know that it was used by the public.
 5. Same.-A plea stating that the place where plaintiff was injured was not fin a town as specifically alleged in the complaint; states defense available under the general issue; and the further allegation therein that il was not reasonably obvious to defen- dants that such ditch would be dan gerous, but failing to state that4it was not dangerous or that defendant did | not know 1t was dangerous, does not state a defense to the action.
 6. Same; use of road; revocation of right; notice-The fact of the revoca- ton of right to use road, without notice of such to persons accustomed to use 1t. is no defense to an action for injuries by Instructions placed thereon
 '. Damages; personal injuries; evil
The Montgomery advertiser., 1907-04-21
COBIA, EFT AL vs. ELLIS. Bill to Abate Recurring Injury Caused

Bill 10 Abate Recurring lnJury Caused
 by Erection of n Damn.-tDecided
 Dec. IS, 1908. 42 So. Rep. 751.)
 l. Injunction; jurisdictions: equity trespass.-Where a single action ut law will not furnish an adequate rem edy, and a multiplicity of suits can be avoided by proceedings in chancery, equity has jurisdiction concurrent with courts of law to protect land owner against constant and frequently re- curing injuries from wrongful diver sion of water, and will enjoin wrong doer without regard to his ability to respond in damages.
 2. Same; retention of Jurisdiction to award damages.-Where equity has assumed Jurisdiction of an action for injunction to restrain the wrongful overflowing of plaintiffs land, the court will ascertain and award dam ages to the injured party in order to settle the whole controversy.
 3. Same: laches; statute of limita- tions.-Complainant Is not barred by mere laches short of the period pre- scribed by the statute of limitations, where he is otherwise entitled to an injunction to prevent the overflowing of his land. caused by an increase fin the height of a dam constructed by defendant.
 A. Water and water courses; dam constructions; prescriptive rights-A mill owner who has maintained 6 dam at the height of four feet for several years does not thereby acquire a pre- scriptive right entitling him to raise the height to seven feet: nor does the bar of the statute apply to the in- creased height, unless the increase has existed for more than ten years.
 Appeal from Cherokee Chancery Court.
 Heard before Hon. W. W. Whiteside.
 Affirmed. Opinion by Haralson. J.
 Tyson, c. J., Dowdell and Simpson, JJ,. concur.
The Montgomery advertiser., 1907-04-21
EAGLE IRON COMPANY vs MALONE Denided Dac. 14 1906. 42 80

Rep. 7S4)
 1. Pleading; pleas in abatement; time for fillng.-After plaintiff had amended his complaint by striking out the individual defendant as n party defendant the non resident corpora- tion defendant should have been al- lowed to file it's plea in abatement, setting up the want of Jurisdiction of the court to hear and determine the cause.
 2. Appeal; review; scope-The cause not being triable on its merits until the plea of want of Jurisdiction Is disposed of, the other assignments will not be considered.
 Appeal from Marshall Circuit Court
 Heard before Hon. W. W. Haralson. Reversed and remande. Opinion by Tyson, c. J.
 Haralson. Simpson and Denson, u. concur.
The Montgomery advertiser., 1907-04-21
NORwOOD vs. L. & N. RAILROAD
 

COMPANY. Bill in Equity to Enjoin Proceedings
 Under a Judgment at Law and to
 Compel New TriaL-(Decided
 December 21, 1906. AZ So. Rep.
 6S3.)
 Judgment; equitable relief; injunc- tion; new trial.-Although there was no authority for holding the court at the time the new trial was granted, and the granting of the new trial was therefore void. equity has no durisdic- tion to enjoin the proceedings under the Judgment or to compel the grant, ing of a new trial Appeal from Limestone Chancery Court.
 Heard before Hon. W. II. Simpson. Reversed and rendered. Opinion by Simpson, J.
 Tyson. c. J., Haralson and Anderson, JJ., concur
The Montgomery advertiser., 1907-04-21
BEWARE OF FRAUDS Duffy's Pure Malt
 WhiSkey

is sold in sealed bottles Onl-never in bulk. fac simle of the genuine bottle full size, is printed here so that you may easily recognize it. It is our own patented bottleround, amber colored, and with the to the glass. The trade-mark-the Old Chemists Head-s on the label, and the cork there is an engraved paper seal. Be certain this seal is not broken
The Montgomery advertiser., 1907-04-21

care could have known that the conn., pressed air had not been released, was not sufficient averment of such knowledge on the part of the intestate, knowledge necessary, under the plead ing in this case to constitute contrib utory negligence.
 2. Same.-An employe engaged in repairing defect in a blowing en- zine, ahas the right to presume that his superior, entrusted with supsrin- tendence of the work, has discharged his duty and released the compressed air before commencing the work. and he is. therefore, not required to exer- else reasonable care to ascertain whether the engine is charged with compressed air or not. and cannot bs charged with contributory negligence unless he knew that the compressed air had not been released.
 Appeal from Jefferson Circuit Court.
 Heard before Hon. A. A. Coleman. Reversed and remanded. Opinion by Dowdell, J.
 Tyson. c. J.. Anderson and Mcclsl- Ian JJ.. concur.
 BRADLEY vs. LOUISVILLE AND
 NASHVILLE RAILROAD COM
 PANY..
 Action for Damages for Personal In.
 jury in Crossing Track.-(Decided
 Dec. 20, 1906. 42 So Rep. 61A)
 l. Appeal; harmless error; demur- rer.-Where plaintiff had the beneit under two other counts of all the evil dence that could have been offered to the counts to which the demurrer was sustained, the sustaining of the demur- Ter was harmless
 g. Negligence; pleading; general averment of wantonness.-A general averment of wantonnness or wilfulness will authorize any proof on that sub Ject, in an action for negligence.
 3. Railroad; injuries to persons on track; contributory negligence.-Plain. tiff was struck by locomotive run ming backward, while standing at q point on the right of way about thirty feet from regular crossing, and not a place where people frequently cross. Held, she was guilty of contributory negligence to defeat her right of re- covery
 Appeal from Conecuh Circuit Court.
 Heard before Hon. J. c. Richardson.
 Affirmed. Opinion by Simpson. J.
 Tyson. c. J.. and Haralson and Den- son, JJ.. concur.
The Montgomery advertiser., 1907-04-21
REFUSE INVITATIONS AND SUBSTITUTES

When you ask for Duffy's Pure Malt Whiskey be sure you get the genuine which is the only absolute ly pure malt whis- key containing medi- cinal, health giving qualities. limitations and substitutes, far from relieving the sick, are positively harmful. Demand Duffy s, and be sure you get it. Be on guard against re- filled bottles.
The Montgomery advertiser., 1907-04-21

GuARRENo vs. THE STATE. Selling Liquor Without h'cense.-(De- cided Dec. 2o, 1906. AZ So Rep.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
new BANK
INCORPORATION
Charleston Institution En-
larges Capital Stock Be-
come State Bank
Charleston Bureau evening Teller.

Charleston Bureau Evening Teller.
CHARLESTON, Wash, June 15.-Ar-
ticles of Incorporation of the State
Bank of Charleston, with a capitalize
ton of $4,000, were filed today with
the county auditor at Asotin. The
new organization absorbs the Bank
of Charleston and will occupy the quar-
tiers of that institution.
The incorporators of the new bank
are f. M. Hinlxfy. Greenvill Holbrook.
l.. S. Fowler, r. B. Hooper. e. A. Bass
and C. M. Evans. Messrs. Holbrook,
Fowler, Hooper and Evans are new
investors in the institution and bv the
incorporation perfected today the
scope of the business field will be ma
terially broadened.
The organization of the incorpora-
tors will be effected as soon as the in
corporation papers have been returned
from Olympia and the necessary ex-
animation is perfected by the state ex-
aminer. The new GERS will prob
ably be r. M. Hinkly, president;
Greenville Holbrook, vice president;
E. A. Bass, cashier.
The Bank of Charleston was organ
ICED about four years ago as private
institution and has enjoyed a large
business from the beginning. The al
fairs Of the institution have been un'
der the directiin of r. NJ. Hinlxly. al
president, and e. A. Bass. cashier.
| New fixtures have been recently in
stalled and material changes made t.
the interior finishings, making thu
quarters among the best to be found
in the small banks of the state.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
NOTICE FOR PUBLICATION

Department OF the Interior. Land
ONCE at Lewiston. Idaho, May 4. 1907,
Notice is hereby given that
IRA r. KING
IF Lapwai, Idaho, has fled notice OF
his intention to make final FIVE year
proof in support of his claim. viz:
Homestead Entry No. 1899, made Aug.
81, 1900, for the 8 IL NV Ia, and
N l-2 sw IA, Section 1, Township So,
N, Range 4. w. B. M. and that said
proof win be made before Register
and Receiver at Lewiston. Idaho. on
June 20, 1897.
He names the following Witnesses to
-. ais continuous residence upon
and cultivation Of said land viz:
JSrSv Taylor. Thomas d. Barton.
Joseph liver. George W. King. all OF
Lapwai Idaho.
T. n. BARTLETT, Register
WiSly May TO June 10.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
OUAKEs CAUSED
BY OCEAN LEAK

CHICAGO. June ia dispatch to
the Record Herald from Montgomery
City, Mo, says:
DIR. Thomas Jefferson jackson See.
astronomer Of the United States naval
observatory at Mare Island. Cal, now
in the city visiting his old boyhood
home, says he has discovered the one
common cause Of earthquakes--the
leakage Of the ocean bottom, which
gives rise to steam beneath the earth's
crust. He also points out that the
chief danger of these agitations is
along the seacoasts.
'It seems to be clearly proved" said
DIR. See. "that the earth is not con-
tracing. but that the effects of the
cooling Of the globe are insensible
The earth may be slightly expanded.
San Francisco is not likely to have
another earthquake in a hundred
years."
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
PERSONALS.

PERSONALS. .
. - . - - . - . = -
Engineer Walter H. Graves left this
morning for Denver where he will at
tend the dry farmers congress.
Neal Harris, real estate dealer of
walla walla, was business visitor
in the city today.
w. Poyfair arrived this morning
from Tekoa, where he is employed in
the surveying corps Of the Milwaukee
line.
d. J. McGilvery and wife left this
afternoon and win visit with DR.. and
Mrs. j. W. Givens at Orofino.
S. S. Taylor and P. ]. Taylor left
this afternoon for Koskia, where they
have purchased property.
Fred Sidel left this morning for
business trip to Troy.
Sam Langert left this morning fol
business trip to the British Column
bia country.
Edward Armstrong left this morn
ing TO a brief visit to Portland.
Lester Coffin is visiting Lapwai to-
day.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
NOTICE FOR PUBLICATION.

Department of the Interior, Land
ONCE at Lewiston. Idaho, May 4. 1907.
Notice is hereby given that
GEORGE w. KING.
Of Lapwai. idaho. has filed notice Of
his intention 10 make final five year
proof in support Of his claim. viz:
Homestead Entry No. 7sse. made Aug.
~. 1900. for the Lots 2. 9, and I.
Sec. 1. Lots 1 and Q. Sec. .. Township
IS NJ. Range 4. W. D. NJ. and that
said proof win be nads before MesAs-
ter and Receiver at Lewiston. I1aho,
on June 20. 1897.
FA names the following witnesses 70
~ - e--si~waus residence upon
and cuitivaticu ~ aid land. ~
Jerry Taylor. Thomas d. Bartca.
Jcseph AVER, Ira ,. KRzA an Of lap
wal Idaho.
4 h. BARTEmrx. RasfstsF
WV May - gsns -.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
GREAT ALARM
FROM FLOODS

FORT COLLINS, Colo. June l6.--
There Is great alarm over the report
that the big dam at Chambers Lake.
holding back 100000 cubic feet OF
water has gone out ana that wall ri
water fve feet high is rushing down
the~ Cache Ia Codre river. 1t is be-
lieved that all the people living in the
lowiands and on the river bank have
escaped. but II IL feared that many
fishermen have been caught 70 the
mood
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
Notice for. PubIIeatic:n.

Timber Land. Act June 8, 1878.
United States Land once. Lewis
ton. Idaho. May IL, 1907.
Notice Is hereby given that In COM
pliance with the provisions Of the act
Of congress OF June 3. 1878, entitled
IAN act for the sale Of timber lands
In the States OF California. Oregon,
Nevada and Washington Territory"
as extended 70 ali the Public Land
States BY act OF August 4. 1899.
NICHOLAS TRIESCH.
Of Uniontown. county Of Whitman.
State Of Washington. has this day
fled In this once his sworn statemsn
No. cess. for the purchase OF the .. u
ne. X. NV. Y ne. 4 and ne, x nv. Y
OF Section No. 10. In Township Nc.
% N. Range No 3 w, 3. NJ. and Will
offer proof TO show that the land
sought IL more valuable for isa timber
or stone than for agricultural pur-
poses. and to establish his claim to
said land before Register and Re-
ceiver at Lewiston. Idaho on Tuesday,
the 9Th day Of August, 1907.
He names az witnesses: Bert Il.
Farley Of Forest. idaho; Mallory Far;
ley Of Forest. Idaho; benjamin. r
Aytch Of Forest, idaho: OXFORD w
Staples Of Forest, Idaho.
Amy and all persons claiming ad
versely the above-described lands are
requested to ale their claims In THE
once on or bfore said 9Th day Of
August, 1907.
T. H. BARTLETT. Register.
Wkiy sis. ST.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
Family Hotel Opens on Hin.

The Powell home, No. 80 First ave-
nue., is undergoing renovating and
refurnishing and will be opened June
goth under the management Of Mrs. e.
T. Gray, it being her intention to make
it a first class family hotel known
as "The Powell" There viii be espe-
cial attention given to the table serv-
ice. Phone Red 921.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15
The Little
Cuckoo Pantry"

Corner Of second and Main suee.~
next door 10 Grand Leader store -
new up-to-date novelty. the oan
place IN the world today that can So
as quick and active service py I've rs,s
Patented steam Table Process l
was invented by MT Tardih ni -
He also has another patent : =,
double glass air chamber pantIy ,.,,r
Keeping ice. The public are cordl, y.
invited 70 can ana inspect hsm ~
have the Cheapest service IN to~n -.
the money. Cleanliness ano -,
esrv,cs ana ven cooked fOOd
100 :, wAnnlEE. PrsR.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-15

Most disnguring skin eruptions.
scrofula, pimples. rashes. etc. are due
to impure blood. Burdock Blood Bit
tiers is cleansing blood tonic. Makes
you clear-eyed. clear brained clear
skinned.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-04-11
Superior Court.

Superior Court, with Judge Jones
presiding and Solicitor Jones 1T his
post, convened in this city this morn
ing. His Honor's charge to the Grand
Jury was out of the ordinary routine:
or rather it embraced the routine of
their duties and then eloquently ampli-
fed and specified, and was as interest
ing as it was forceful and instructive.
The calling of the criminal docket
consumed most of the morning term.
The following constitute the Grand
Jury:Messrs. S. x. Royal, iForeman,)
Lynn Hudson, w. B. Odum, J. w.
Alphin, e. III. Parker, E.. B. Flowers
H. f. Lee, r. G. Howell, R.. D. Kene-
day, Frank Sauls, J. E.. Smith, J.. w.
Howell, J.. w. Mitchell, w. B. Scott,
w. H. Davis, j. G. Singleton, Jas. ii.
Grant, Shade D.. Pate.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-04-11
Schnapps Tobacco is Made ENTIRELY from Flue Cured
Tobacco Grown i'm the Piedmont Country.
The Imitation Brands Have Schnapps
Quality Only On the Outside !"
Of the PLUG e."

Hundreds Of imitation brands are
on sale that look like Schnapps to-
bacco. The outside of the imitation
plugs of tobacco is fue cured the same
as Schnapps, but the inside is filled
with cheap, fimsy, heavily sweetened
air cured tobacco. One chew of
Schnapps will satisfy tobacco hunger
longer than two chews of such to-
bacco. The color, size and shape
of the tags, plugs and packages of
certain imitation brands of tobacco
have been made SO much like
Schnapps that they have often been
accepted by buyers under the belief
that they were getting Schnapps.
Sufficient proof has been secured
to establish the fact that certain
brands are infringements and in vio-
lation of the trade mark laws, yet the
trade will continue to be imposed
upon by these infringers until the suit
already entered and now pending to
protect Schnapps is decided. A
great many of these limitations are
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-04-11

Edward Henry Hartman considers
himself an issue of 1908, and he may
be right in that respect.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-04-11
i IN TIL
Coming OF Warm Weather Forces Them Out,
Causing Itching, Burning Skin Eruptions.

Theb 1od and skinar so closely connete1t that haevera affects the one has a cores
ponding fleet on thee other When the blood is pme ad healthy the skin will be soft
smooth, and free from all eupons; but when The blood becomes infected with some
unhealthy humor the effect is shown ~ rahs eruphons, bos and pmphs, or oherd sfg-
urng ad annoyngs kind disease.
The skin is provided with countless pores and glands which act as a drainage
system to rid the body OF impurities through the pHspnahon that is constantly passing
through these little tubes There are other glands that pour out on the skin an oily
wind ad sun. When the blood becomes filled with humors and acids tse are
thrown OF through the pores sand glands, burning and Irritating thea and drying u the
natural oils so thatw have note only Acne, Eczma,S Salt Rheun, ETC., but such dry scAy
eupions as letter, Psoriasis and kindred troubles
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-04-11

claimed to be "just as good" as
Schnapps, but there is only one gen
uine Schnapps. Be sure the letters
on the tag, and stamped on the plug
under the tag spell ~S-C-H-N-A-P-P-S
and then you have 1.-THE most
wholesome tobacco produced, with
just enough sweetening to preserve
the mild, juicy, stimulating quality of
the leaf tobacco. Expert tests prove
that this fue cured tobacco, grown
in the famous Piedmont region, re-
quires and takes less sweetening than
any other and has a wholesome,
stimulating, satisfying effect on
chewers.
If the tobacco you are chewing
don't satisfy you more than the mere
habit of expectorating, stop fooling
yourself and chew Schnapps tobacco.
Schnapps is like the tobacco chewers
formerly bought costing from 75c.
to $1.oo per pound; Schnapps is
sold at soc. per pound, in sc. cuts,
strictly 1oc. and 15c. plugs.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-04-11
S. S. S. DROVE THE HUMoR OUT.

Gentlemen: Some two years ago I suffered a great deal,
caused on account of a humor in the blood; small rash or
pimples broke out over my body and kept getting worse
day by day for over a year. Seeing S. S. S. advertised in
the paper and having also heard it had cured several poo
pie in this city, concluded to try it. After using the med
icine 1 was entirely cured, and am very glad to commend
it. 1920 Clay ST., Paducah, KY. EDW. W. LONG.
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-04-11

These humors find their way into the
blood through a disordered or deranged con-
dition of the system. There is a certain
amount of waste or refuse matter collected
in the body every day. This is useless in
nourishing or keeping the system in health,
and nature intends that it shall find an out
let through the channels of bodily waste.
AS long as these members perform their
duties properly the blood remains pure and
free from infection; but when from any
cause they become dull and sluggish, this
refuse matter is left to sour and be taken
into the blood in the form of hunors and
p~oisons. The skin is a perfect index to the
ease, or pi1nples, rashes, eruptions, blotches,
deep in the blood a humor has taken root, and
to the fine, delicate tissues of the skin, it is pc
The skin is not only affected by the hu
from without, such as Poison Oak and W., !
acids, etc, enter through the open pores anc
the blood that thew are ever present. or retu
Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-04-11
FOUND A CURE FOR POISON OAK.

Gentlemen: After having tried for six years to find
cure for Poison Oak. from which I was a great sufferer,
was told by a friend to try S s. S. 1t entirely cured M
and gave me excellent health. There is no remedy for
bad condition of the blood like S. S. s., and you have il
S. S. S. a positive cure for Poison Oak.
Danville, KY. j..
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-30
OFFERED FOR RENT

Boarding and ROOma.
'AH4'-'@N ' Qb)-6l4
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-30
BIRTHS AND DEATHS.

The following births and deaths were
reported to the Board of Health during
the forty-eight hours ending Monday noon:
Births-Ben Aunson, 4O3 Bancroft, boy;
Samuel Greenhouse, 1912 Cass, girl; Byron
@. Hargadine, 1870 North Thirty-seventh,
girl; Carl johnson, 3lO9 Marcy, girl; Jo-
seph Pawelka 1893 South Fourteenth, boy;
w ]. Urquhart 617 South Fifteenth, boy;
Kosper Storzak. 272S South Twenty-fourth,
boy; John Swanson 1907 Maple, girl; Henry
Shrode, 6S5 South Twenty-fifth avenue, girl;
Julius Yeshuvweski, 252S South Twenty
sixth, boy; Besill Zarowetcsky 2024 North
Twenty-fourth, girl.
Deaths-Barbara Hlidek, 4011 South Thir-
teenth. 80; John Mccormick, Seventh and
Charles, g.; Mrs. Charlotte Gordon, &e
North Forty-second, 80.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-30

AUTO for salel secondhand Rambler, IS
III. p, IN good condition; had best Of care.
Price Sl5000 Mrs. c. b, Horton, 1S N.
Ieth ST. C2)-M4d My5