davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-09-21
PHONE BAT For Fine Ripe Tomatoes. R. H. YeIvertOn.
FREIGHT DEPOT CASE
ARGUMENTS ON LEGAL POINTS BE-
 FORE JUDGE SAYRE.
Three Attorneys Take Part in Discus sion of Demurrer Filed to Bih Seeking Removal of Lee
 Street Depot.

First arguments on the petition of the State of Alabama, seeking the re- moval of the Louisville and Nashville freight depot from across the foot of Lee Street, were heard yesterday In the equity court by Judge A. D. Sayre. At the close of the day Judge Sayre took the questions under consideration for a decision at a later date.
 The entire day, from 10 o'clock yes- terday morning until o'clock last evening, exclusive of the lunch hour, was consumed in a thorough thrashlng out of the law bearing on the question. The hearing marked the initial chap ter in the litigation.
 The arguments of attorneys had only to do with the demurrers to the orig inal bill as filed by the State, the mer- it's of the case not being entered into. Three attorneys spoke.
 Hon. John B. Knox of Anniston opened the arguments for the defend- ant. He was followed by Judge T. Scott Sayre. who represented the States side of the litigation. Then Senator Henry F. Reese of Selma ar gued on behalf of the State. The clos ing argument was made by MT. Knox. after which Judge Sayre took the mat ter under advisement.
 The speeches of the attorneys were confined largely to questions of law and equity and only at infrequent in- tervals did they engage in discussion that did not contain citations and au- thorities on the particular point at issue.
 Numerous law books were piled up one after another on the table facing Judge Sayre, while the lawyers in turn would draw the jurists attention to a | delicate point in this or that case.
 All of the attorneys in attendance did not speak. The State was represented | by MT. Reese, Judge T. Scott Sayre, l Phares Coleman and Hon. S, H. Dent, while the railroads counsel consisted of MT. Knox and George w. Jones, district counsel of the Louisville and l Nashville.
 The proceedings were instituted to force the Louisville and Nashville Railroad Company to remove it's freight | house from the foot of Lee Street. The State, in filing its bill. alleged that the freight depot was a nuisance and that the City Council of Montgomery had no authority to grant permission for the erection of a building obstruct- ing a thoroughfare belonging to the people.
 The Louisville and Nashville Rail- | road on the other hand, contends that it acted within the bounds of the law in the erection of the warehouse. hay ing been granted the privilege by the City Council which privilege was thereafter approved by the Legislature. The Louisville and Nashville insists that the freight house is not nuis- ance.
 The outcome of the litigation is watched with interest, especially by property owners and residents on Lee ] Street.
The Montgomery advertiser., 1907-09-21
WOMEN SEEK THEIR LIBERTY Caffey Witnesses Ask
 for Release. NO DATE SET FOR HEARING Habeas Corpus Writ Sued Out Be-
 fore Judge Pearson. Proceedings Postponed indefinitely, Pending Outcome of Contempt Case in Judge Thomas's Court as
 Defaulting Witnesses.

Alleging among other things, that their detention is Unconstitutional and that they are denied reasonable bail, Mrs. M. Johnson and Hattie Brown, the wl1ito women who are held at the county Jail as the star witnesses in the Caffey case, yesterday instituted ha- beas corpus proceedings before Judge w. w. Pearson, of the Circuit Court. The hearing was set for o'clock yes- terday afternoon, btu was indefinitely postponed pending the outcome of con- tempt proceedings against the women in the court of Judge Thomas.
 The women, it will be recalled. are the star witnesses in the prosecution of pr. Frank Caffey, the negro physi- clan who is charged with infanticide. As witnesses they defaulted at the last term of the criminal court, and were subsequently, captured in Dallas. Tex, and. after a long drawn out legal fight. wore brought back to Montgomery and committed to jail
 being in contempt of court, because of absence from the State at the time Of Caffey's case was set for trail, and they are charged also with. perjury in connection with their testimony before the grand jury.
 Judge Thomas fixed the bond of each at $1,500 in each of the cases, thus re- QulElHR SdCn WOAhdH hO 9s'S - before securing her release. This bond the women have been unable to make.
 The petition for the writ of haebas corpus alleges that the confinement or the women is unconstitutional in that they are denied reasonable ball. the amount of bail fixed by the committing officer being exorbitant and unreason- able: that the amount fixed Is such as to deny them bail at all. as 1t Is much more than they are able to make.
 It Is also averred that the bail Is not customary for such charges as those against the women; and that they are denied their liberty on account of the committing trial officer requiring or them more bail than they are able to give and more than the constitution and laws of the State of Alabama and the United States require in such cases-
 The hearing of the contempt or de- faulting eases before Judge Thomas iS set for next Thursday morning.
 At 4 o'clock, the specified hour yea' terday afternoon for hearing the has beas corpus proceedings, the women were taken before Judge Pearson by Constable George Lamar. As soon as the proceedings were called. Judge Pearson announced that the hearing would be postponed until after the con- tempt hearing before Judge Thomas
 No day was specified for the post ponement and the women were sent back to jail
The Montgomery advertiser., 1907-09-21

in connection with the prosecutions of the Capitol cases the argument on the cfty's exceptions to the courts ruling in the Pennsylvania Railroad 2-cents suit which was to have been heard in Common Pleas Court tomorrow, has been postponed until the following g Saturday.
 In the meantime. the officials of the Pennsylvania and Reading Railroads continue reticent as to what action they will take on that date, as to the adjustment of their passenger fare to the 2-cent basis. other than that pre- viously expressed that there was no disposition to evade tile law in the interim.
The Montgomery advertiser., 1907-09-21

5, third Time. 1858. Centuple. Jack Rose, Prisoner, Pass Him Out, Knock irby, AIgie. Rain Queen, Wildo. Adri- ane, Water Speed ran.
 Lexington Results
 Lexington. Ky, Sept, 20-But one favorite won the program of the sixth day of the Kentucky Associations fali meeting, that one being French Nun which galloped home four lengths to gram lacked snap as the, fourth event. the only good race of the day was de- clared off owing to the scratches and a selling affair was substituted.
 First race furlongs, two year olds-- Arrow Swift. 1o3. Brandth to l won; Enda Motter, 100. Martin. to l, third. Time I:15. Hugh Farrell, No Engine. Darling, Chestnut Hull. Shakespeare. Captain childs. Water Cooler. Maria.
 Second race furlongs-FrenchN Nun. 1o1, Brandt, to 1 won; Bonsbrake. III, Foy. to 2 second; Nellette. ss. Mar tin. to 1, third. Time 1:26 4-5. Cygnet, Helen Virginia, Dormant , La
 Third race five and half furlongs 2 year olds---Melzar, 105. Boadwee. Is to 5 won; Whisk Broom. 1lo, Galgei, to l second; aas1y T,na Asness; .os igy gIarisan % Model. Moscow Belle. Merrigo. Catha. Snake Mary, Pantops, ran.
 Fourth race, mile--Imboden. l01, Brown. to won; gScalplock, 101, Brandt, to 5 second; sylvan Belle. Io1. Martin, 10 to third. Time 1:41. Anna Ruskin, McIlvaine. Mary orr, Ruilooa' and Monochord, ran.
 Fifth race, furlongs 2 year olds- Black Dress, 100, Martin, 25 % l won Pleasant View. Belle. 100. Butler [ to 5 second; Auspicious, 100. Gaugei. 8 to i third. Time 1:15 2-6. Nansei. Uncle Tim, Honta. Clear Run. MISS Vigilant, Mrs. John Akins, Alveolar' ran. ~
 Sixth race, mile-Lady Carol. 99. Otts: 8 to l won; Charlatan. 102. Pickens, la to second; Hammeraway. 9S, Butter 2 to l third. Time 1:41. Shining star, Roseboro. Seamate, Great. Susanna Toccamore, ran.
The Montgomery advertiser., 1907-09-21
NOTICE

RESOLVED that meeting of the stock holders of the Andrew Railroad Safety Ap- pIiance Co.,. Is hereby called to be held at the office of the Montgomery Light & Wa ter Power O., in the City of Montgomery, at pm, O clock, on the 16th day of Oc- tober, 1907, Tor the purpose of increasing the capital stock of said corporation. from s100, 900 to $2.5O0. 000 and for the transac- tion of such other business may lawfully be transacted at said meeting;
 RESOLVED FURTHER. That the Secre- tary be and he is hereby instructed to send a copy hereof. by mail. to each stockhold- CT whose address Is known. and also to cause the same to be inserted for thirty days prior to said meeting in The Mont Eomery Advertiser, newspaper published in the City and County of Montgomery, State of Alabama, In which said corpora tton Is located.
 I, E. F. Higgins. Secretary of the Andrew Railroad Safety Appliance Company, here by certify that the foregoing is full and true copy of resolutions adopted at a meet ing of the stockholders of said corporation held on the 18th day of September, 1907.
 Witness my hand and the seal of said corporation this the 1ath day of September, 1907
 (sEAL.) E. F. HIGGINS. --tf Secretary.
The Montgomery advertiser., 1907-09-21

New York, Sept 20.-The local Americans opened their final schedule series of the season here today and were shut out by Detroit.
 Detroit .. .. 900 900 1OO--i c New York .... .000 900 000-0 2
 Batteries-Donovan and Payne: New ton and Blair.
 Philadelphia, Sept. 2o.-In a pitch CTS battle here today between Powell Waddell and Bartley, St. Louis won out in the sixth on three hits, costly error by Murphy followed by base on balls and a batsman hit by a pitched ball.
 St. Louis .. .ooo OO4 OOO-i Philadelphia .. 1000 900 Q01-1 2 1
 Batteries-Powell and Spencer; Wad- dell. Bartley and Schreck.
 Boston, Sept 2O.--Joss had the ad- vantage over Young in a pitchers bat tie today and Cleveland won to 1 .. The bones of Criger's hand were brok- 'en by foul tip and he will be out of Cleveland .. :. .oo2 Oo1 Oo1I1 Il II E 0 Boston . .. 1000 106 000--1 2
 Batteries-Joss and Clark; Young. Pruitt, Criger and Shaw.
 Washington. Sept 20. Chicago de- feated Washington today in both games of the double-header. A wild throw to Altizer by OBrien lost the first game. Patten and Walsh were driven from the rubber in the second.
 First game: RHE. Washington .. .oo1 900 OO0-i 6 2 Chicago :. .. .. 900 02O 000-2 6 o
 Batteries-Johnson and Warner; Smith and Sullivan.
 Second game: R Il. E :. Chicago 300 0l4 401-13 21 2
 Batteries-Patten. Gehring, Warner and Blankenship; Walsh, Altrock and Sullivan.
The Montgomery advertiser., 1907-09-21
AMATEUR GAME TO-DAY.
Good Contest Looked for at Capito
 Heights.

Good Contest Looked for at Capitol
 Heights.
 game of ball will be played at Capitol Heights Park this afternoon at 3:30 o'clock between the Independ- ents and the Photographers. Some of the best amateur material in the city is represented in the line-ups of these two clubs and good game is prom. ised. The proceeds of the game will be for the benefit of the striking teleg- raphers. Ladies will be admitted free. Both teams have been practicing hard for the struggle today. and there is little doubt. but that an excellent article of ball will be played. The lineup will be as follows:
 ependents-Lasseter. h.: Adams. 2b.; Busch, ss.: Elliott, 3b.; Mcqueen, If. Holt. T.. eff; Patterson, rf.; Brame, fp.: Allen, c.
 Telegraphers-Mori n.; Tobias, 1b.; Joh, 2h. Kifgrows ss.; Smith. 3b. Howe, cf Miller, if; Brown. C.; Bafs- den, D.
The Montgomery advertiser., 1907-09-21

two games but blew up in the third one. Washington landing on him for seventeen hits.
 No matter how far apart theiR stand ing fin the American League race the Philadelphia and Boston teams play the game for keeps when they meet.
 Perry Lipe, manager of the Macon. Ga, team. has just finished his fifth season. In 750 consecutive games he has not been out of the game for even a single inning.
 Chicago fans are worried because of the Inability of the Cubs to equal their last seasons record of games won. They fear the Cubs may lose pennant in the next six or eight years.
 Christy Matthewson of the New York Giants has been showing flashes of his old-time form of late. There Is cer- tainly none better than "Matty" when ha is right.
 At Columbus the other day over 20,- 'OO0 people saw the home team defeat Toledo in both games of double- header Several big league cities will not have SO large an attendance in week.
The Montgomery advertiser., 1907-09-21
Grana circuit Results.

Columbus, O.. Sept. 20.-Average time of better than 2:05 in nine pacing heats. two accidents in the 2:12 trot the equaling of the years trotting re- cord by George c. and the lifting of Major MaIlow's driver, were the prin- cipal incidents of today's Grand Circuit racing.
 George c. tied the seasons record, set here Tuesday by Sonoma Girl and established the record for trotting geldings when he won the first heat of the afternoon away from Orc In 2:05 1-4. Angus Pointer had McHenry behind him today in the free for all pace, one heat of which he lost Thurs day, and made the fastest time of the week 2:O3 1-4 in the final heat.
 Major Mallow finished second to the top heavy favorite, William O., in the first heat of the Hotel Hartman con- judges put up Al Thomas in place of w. H. Mallows, and Major Mallow not only won this heat, but the next and the race.
 Wild Belle won the 2:12 trot. Tn the second heat Chime aBells went down on the last turn. drivers Tieter. Me- Henry, James and Payne were unseat- ed in the mix-up. All but McHenry escaped injury. He sustained sprain- ed arm.
 TheIma. owned by the Oakland Farm, Wellsville. N. T., near the finish of the third heat, the mare went to a break after failing to get through next to the fence and broke her left hind leg. She was shot a few moments later.
 Summaries.
 2:o5 class; trotting; three heats; purse, $1,2oo; two heats Thursday GGegprge G b. s. by aOmeward fSysa CA heats; Orc. second; Maineheet, third. Time 2:06 IA; 2:07 IA; 2:05 IA.
 Free for all class; pacing; three day-Angus Pointer, b. g., by Sidney Pointer -Bowser and McHenry. won second and third heats and race; Gal ,lagher, second. Baron Grattan, third . Time, 2.05; 2:03 1-2; 2:03 1-4.
 Hotel Hartman consolidation; 2:14 pacers; three heats; purse, $l,O00- Major Mallow, b. g., by Box Elder Nal low and Thomas, won second and third heats and race; William O., second; 1; Reproachless third. Time, 2:05' 1-4; 2:06 IA; 2:06 1-4.
 2:12 trotting; three in Ave; purse, $1,200-Wild Belle, br. g.. by Wild Nut, De Ryder won first, third and fourth heats and race; Bellemont, second; i; Gold Burr, third. Time, POS 1-4; 2:09 3-4; 2:10 1-2; 2:13.
 2:17 class pacing; three heats; purse, $1, 1,200-Hedgewood Boy, oh. h., by. Chit wood, McMahon, won in straight heats; Darkey Pal, second; Leland Onward, third. Time, 2.05.14; 2:05 1-4; 2:05 1-4.
 2:05 class pacing; three in five; purse. $1, 200; unfinished-Ardelle won first heat Citation. second; Rudy Kip, third. Time, 2:04 1-4.
The Montgomery advertiser., 1907-09-21
NOTICE
RFTATI, LIQUOR DEALERS AND RI
 TATLERS OF BEER.

RETAu, LIQUOR DEALERS AND RE-
 TATLERS OF BEER.
 Retail dealers in Spirituous, vinous or Malt Iiuuors will. required by ordinance, de their Applications for licenses, together with the certificates of ten freeholders re- siflnm within the ward in which the appli- cant nFoposes to do business, and herewith deposit with the City Clerk one-hah the amount of such license; the balance to be naIr prior to the 18th day of November. 1907 An applications must be filed within the next ten days so that action may be taken by the City Council before the first day of October, 1907.
 Application and certificate blanks may be had at this office.
 JOHN J. FARLEY. lot City Clerk.
The Montgomery advertiser., 1907-09-21
PeerIess sprinter Dying.

New York, Sept. 2o.-Roseben peer less sprinter among the thoroughbreds of America is dying. 1t Is feared, or blood poisoning. David Johnson, his owner, and Frank Weir, his trainer have slight hopes of his recovery. The chanpiori's illness is due to a, stone bruise.
 During his race over the Sheepshead Bay track. which he won easily, he picked up stone and this cut and bruised one of his legs so badly that the injured member began to swell
The Montgomery advertiser., 1907-09-21
FOOTBALL GAMES
 SCHEDULED FOR TODAY

Carlisle Indians vs. Albright College at Carlisle. Pa. nary at Wflliamstown, Mass.
 Pennsylvania State College vs. Al- toona A. c. at Altoona, Pa.
 Bucknell College vs. Mansheld Nor- nal at Lewisburg, Pa.
 Phillips Exeter Academy vs. Brews- ter Academy at Exeter, N. H.
The Montgomery advertiser., 1907-09-21
Breaks world,s Record.

Allentown, Pa, Sept. 2O.-Sweet Ma rie. driven by Vim. J. Andrews, broke the worlds trotting record for mile on a half mile track at the Allentown State Fair grounds, going the distance in 2:07. Up today the record was 2:08 held by Cresceus. The mare also made a record of 2:0s 1-2 for a mile to a wagon.
The Montgomery advertiser., 1907-09-21

Live Wire" McCloskey of St Louis might sign Schwenk, Stultz. Bierkotte. Wohlebenn, Kahlfoff and Kanzler from the South Atlantic League. where he got Bugs" Raymond, With Hoel- skoetter, Konetchy and Hostetter Mack" would have a pretzel outfit that would sound we'll in Budweiser Center,
The Montgomery advertiser., 1907-09-21
CLEVELAND CLUB FINED.
,s.,aent Johnson Notifies DetrOi

vsranIAent Johnson NOtiheS DeItOIt
 Club of His Action.
 Detroit. Mich. Sept. 2O,-Secretary F. J. Nevin of the Detroit AmeIlcah sua baseball club was notified to- dav hv President Ban B. Johnson or the League that he had imposed a fine of $500 upon the Cleveland club for deliberately delaying and making farce of the second game of douole- header here last Friday.
The Montgomery advertiser., 1907-09-21
NOTICE.
DISSOLUTION NOTICE

l have this 18th day of Sept. 1901 sold t6 w. P, Turner, my entire interest in the Montgomery Chip Co. W. P. Turner as- suEnes all liabilities of the Montgomery Chip Co, all bills due the Montgomery Chip Co.,, are payable to W. P. Turner.
 H. R. YELVERTON, #F W. P. TURNER.
The Montgomery advertiser., 1907-09-21
NOTICE

CITY CLERKS OFFICE Montgomery, Ala, September 17th. 1907 All city licenses expire September 30. 1907, and are required to be renewed octo- br 1, 1907, for the ensuing year.
 as-aA.---- JOHN J. FARLEY. fef City Clerk.
The Montgomery advertiser., 1907-09-21
NATIONAL LEAGUE,

St. Louis. Sept 2O.-PhiIadelphia smothered St. Louis today. Beebe in jured his side. giving way to McGlynn who was batted hard.
 st 1opis 100 900 2oO-S 8 PhiIadelphia =. .. 001 0O2 2O3-s 14 2
 Batteries-Beebe. McGlynn and Hos letter; Sparks and Dootn.
 Cincinnati Sept 2o.-New York won todays game by scoring four runs in the eighth inning on a double, a tri- pie, a base on balls and Autrey.s muff of a fly. R.a E New York 600 900 140-5 0
 Batteries-Ewing, Hit and Mclean; Ames, Ferguson and McGinnity and Bresnahan. Time, 200. Umpire. Ems lie.
 Pittsburg. Sept. 2o.-Maddox Pitts burg's recruit from Wheeling, pitched a remarkable game today. not hit be- ing made off him by the Brooklyn bats men. -
 PittsburE e. 1000 O1o 1o'--2
The Montgomery advertiser., 1907-09-21
NOTES FROM THE
 BASEBALL DIAMOND

shortstop Hulswitt of the Columbus. O team has a record of eighteen straight games without an error
 Catcher Mcfarland of the White SoN S12 is Comiskey's troublesome child He is as good as "Rube" Wadd9l In the disappearing act.
 Pitcher Jack Taylor. the hero of Nel, sonVllle O., has been hanoeo tnS sso s farewell by President Murphy oL 'Ne Chicago Nationals.
 The last Detroit Cleveland series at Detroit caused more excitement Tn Michigan than anything since the DIE wind.
 Young" Neuer of the New York AmaricAns pitched great ball his first
The Montgomery advertiser., 1907-09-21

900 100 ooo-1 0 ? br9oniy 99ootntisyries-Maddox and Gioson' stricklett and Bergen. A%esiSdn %ssSington. teTs i-si Chicago, 2-13s. Boston. ! cieSel9bnati Y: 9bstiroit 1 1. N%tioSnr HiSoinnati' 3; New York, 5. Cistii st Louis. 3: Philadelphia. 5.
 Pittsburg, 2; Brookiyn9' 9 1rourds
The Montgomery advertiser., 1907-09-21

Hearing Postponed Philadelphia, Sept. 20.-Owing to the engagement of Attorney General Todd
The Montgomery advertiser., 1907-09-21

two games but blew up in the third one. Washington landing on him for seventeen hits.
The Montgomery advertiser., 1907-09-21
AMERICAN LEAGUE

New York. Sept. 20.-The local Americans opened their final schedule series of the season here today and were shut out by Detroit.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-02-28
THE SENATE.

The senate devoted another session
yesterday to work Of a largely routine
character, the committees reporting a
number OF bills and the senate pass
ing a number on third reading.
Among the bills Of general Importance.
passed was the bill providing for the
government OF cities by a commits
sion. under the Galveston plan. This
was Senator Hanna's bill, No. 27S. and
II passed without q dissenting vote
Senate bill No. 263. Senator Palmer,s.
multiplying bill, making the giving
or receiving Of tips BY porters, walt
ers or Others on sleeping and dining
cars q misdemeanor, was also passed
by a vote of 2s to 15 There was a
good deal of amusement INDUCED by
the senator's during the preliminaries
on the bin. Senator simpson wanted
az amendment declaring tipping a
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-02-28

felony instead of misd emeanor. The
amendments offered were declared
lost by the president pro TEN and
the bill passed. Other senate bills
passed were:
Senate No. 24S, extinction of liens,
after the emergency clause had been
removed. y
Senate No. 247. right of way by rail-
roads. III Il. s..y
Senate No 2s1, vacation Of alleys in
cemeteries. .l5 !.
Senate No. 296, increasing the debt
limit Of the state. Proposed constitu-f
tional amendment. Az y. ssS158
Senate No. 286, division of school
land contracts.
Senate No. 167, elevator licenses.
Senate No. 295, prohibiting the pres
ence Of boys or high school students
in billiard halls or places Of a similar
nature. Il RIA. "a
Reported.
The following senate bills were re-
ported to pass: 266, 800, 261, I'll,
16s, 80, 235, 321, 3O4, 313, 315, 156.
The following house bills were re-
ported to pass: 1913, SO, 70, 275, 274,
2O3, -, 1879, 1876, 237. 225, PA, 2s2.
| The. following senate bills were
killed: 119, 14S, 239, 316. 252, 3O5,
1881, 299, 227, 220 and 312.
The following house bills were
killed: 1873. 161 and 227. House
bill 1873, which was killed by the sen
ate, is the bill repeating the law re.
quiring the publication OF school
ltreasurers' statements. +.
Apportionment.
The majority report on senate bill
/ 240, for a division Of the state into
two congressiona districts, was adopt
ed, favoring the passage Of the
original bill as presented to the
senate. s3 sSa i. Eat
Appropriations.
me apppropriation bills passed by
the house came back to the senate
at the close of the afternoon session
and will reach the governor the latter
| part of the week. No changes were
made in the bills so far reported back
to the senate 5$ ' 3. *.s3
Ado.fed.
~ Senator Little's resolution for a
cabinet department Of mines was
adopted by the senate.
| Judicial Bills. =,
Senate bill So, creating the Ninth
judicial district, was reported by the
majority for passage and by the
minority for indefinite postponement
and the report went over a day.
The bill to provide for two district
judges in the Sixth Judicial district
was killed a