davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1907-08-29
LEGAL NOTICES.
Registers Sale.

Mary P. H. Andrews. complainant. vs James L. Hardman and others, defend- ants. Chancery court
 By virtue of a decree rendered a Che present term, A. D., 1907 of the chaneery court, at Birmingham, Jefferson county. Alabama, in said cause, l shall proceed to sell to the highest and best bidder. at public auction, at the door of the court house of Jefferson county Alabama. Tn the city of Birmingham. within the legal hours of sale, on Monday, the 23d day If September, A. D., 1907, the following dc seribed real estate, towlt: A lot in the city of irmingBham, Ala. being a rec tangle fronting one hundred feet on Third avenue, north, and running back that width along the west side of Seventeenth street one hundred and forty feet to an alley.
 Said property to be offered for sale one third cash. balance one and two yeals. with interest at per cent payable an- nually; deferred payments to be secured by mortgage or deed of trust on the prop erty. An abstract of said property may be examined at my office
 J. W. ALTMAN.
 S-15-4t-th Register in Chancery.
The Birmingham age-herald., 1907-08-29

heretofore filed in this court against the railroad commission of Alabama, the court acquired Jurisdiction of the entire subject matter. and therefore. has ex elusive right to dispose of all questions that may be involved in such litigation. This gives the court no right to allow the amendment making solicitors parties de- fendant to the suit and restraining them from the prosecution of their official du- ties. Certainly 1t will be contended that an act which Is expressly prohibited by direct means can be accomplished by in- direction. Had the solicitors been made parties originally, they certainly would have then had the right to have ap- peared and resisted on the ground that the suit against them was, in effect. suit against the state. And these can cer- tanly be no difference between a case in which said solicitors were made parties defendant originally and one where they are subsequently, brought in by amend ment. The principle upon which objec- ton is made to the jurisdiction of this court over the solicitors of the state by enjoining them from the enforcement of thee rimnal laws of the state, is that the suit Is really against the state of Alabama and while every court, and particularly a court of equity, when it is given jurisdiction of a subject matter has the right to dispose of all questions arising out of such subject matter, 1t certainly cannot enter a decree that would be binding upon the state of Ala bama, since the constitution prohibits the court from entertaining any such juris- diction. The suit, as originally filed, was against certain individuals to prevent Q trespass upon the property, and now 1t is sought to be amended in such a way as in effect at least to prohibit the state of Alabama from pursuing, through it's duly constituted authorities, the en- forcement of the criminal laws of the state.
 In conclusion, we beg to state that no act of trespass or wrong is charged against this respondent, nor does the bill allege that this respondent is about to commit any act sought to be enJoined. The most that the bill alleges is that the governor will instruct solicitors and solic- itors will under such instructions, pro- ceed to instruct for the violation of the law claimed to be unconstitutional This is not an allegation that any act has been or Is about to be committed. The gov ernor of this state, as a matter at law, has no authority to bind the solicitors by any instructions. The duties of solicitors or option of the chief executive. If the acts are unconstitutional, it certainly ought to be presumed that the solicitors will do their duty, and not endeaVor to enforce an unconstitutional statute. At any rate, court of equity has no au- thority to bring a man itno court as a defendant, and thereby subject him to costs and expenses. unless he has either done something or is threatening to do something in violation of the property rights of the complainant. Respectfully submitted,
 LEE H. WE'LL,
 FLARES COLEMAN
 PHILIP H. STERN,
 Solicitors for Respondent, S. II. Dent, Jr
The Birmingham age-herald., 1907-08-29
FURTHER WEAKNESS
 IN PRICE OF IRON Trade Only Covers Consumers
 Immediate Needs REQUIREMENTS .'ARE0HEAVY Large Projects Are Being Undertaken, Notwithstanding the stringency of
 Money Market-Rallroads Place Large Orders.
 
REQUIREMENTS s'AREDHEAVY

Cleveland, O., August 2S-(Special 1.-The Iron Trade Review tomorrow will say:
 All centers report a further weakening Of prices. and only trade enough to cover consumers immediate needs. Southern iron No. 2 has declined to SIS .5O Birming- ham, for delivery the remainder of the year, and one producer has named SIT for the first six months of 1908.
 The purchase of 6OOO Of Bessemer by the Jones x Laughln Steel company at S22 valley for September shipment, records q decline of 50 cents on this grade.
 Structural material requirements are heavy, and large projects are being un- dertaken notwithstanding the strlngency of the money market Rail reservations made by several of the leading trunk lines for 1908 aggregate nearly 100000 tons. The Baltimore and Ohio has asked for "a, ,000 tons pending an adjustment of rail speci- fcations which will be made early in September
The Birmingham age-herald., 1907-08-29
NARRAGANSETT RACES.

Providence, August 2S.-The third days racing at Narragansett park brought at least one interesting event, the third race, 2:04 class for pacers, requiring four heats.
 The event of the day, the Rogers Williams stake of $5000, for 2;12 trot- ters, brought out larger crowd than any of the other days, 1000 persons being present. Tn this race High Ball and Sonoma Girl were entered, and the withdrawal of the latter was great disappointment to the specta- tors. High Ball won easily.
 The 2:20 pace, with eight starters, was won by Laura Belleni in straight heats. The third race, 2:04 for pacers, was a puzzle Argot Boy and Kruger looked good, but four heats were nec- essary to decide in favor of Argot Boy. Cornfeld won the 2:13 trot In two straight heats.
The Birmingham age-herald., 1907-08-29
FOR STATE SCHOOL
 IMPROVEMENT
MRS. MATLOck OF BIRMINGHAM INTRODUCES WORK OF THE ASSOCIATION INTO SCHOOLS OF DEKALB COUNTY.

Porterville. August Special. At the recent two days session of the De- Kalb County Teachers association. held at this place, the work of the State School Improvement association was in- troduced, and much interest was man ifested on the part of the teachers A county organization was effected. of fcers elected, and the work in tho local communities will soon begin.
 Mrs. J. D. Matlock of Blrming gham, who Is at the h cad of this work in the state, was unable to be present on ac- count of other engagements in the work, but she sent a representative in the person of Miss Elizabeth Allen of
The Birmingham age-herald., 1907-08-29
New Fertilizer Plant,

It is understood that new fertilizer plant will in the very near future, open up for business in this city. The pro- posed site for the erection of the plant will be near the plant of the Jefferson Fertilizer company, which is situated on Fifth avenue. on the extreme outskirts of the city. The company will be cap ltalised at 1000 and of that amount s10.- boo has already been subscribed The plant when erected, will afford employ
 ment to a good many men, and 1t will be one of the many industries erected during the past few years that has helped to put the district where 1t is today.
The Birmingham age-herald., 1907-08-29

lessor Trickett, dean of the Dickenson School of Law, at Garlic, Pa He re- views the cases, and reaches the con clusion that there is more or less neon sistency in the application or the prlh- Ciple by the supreme court and states that the court satisfied itself that the case of Smyth ys. Ames. and Prout Vs' Starr were not suits against the state. But the court in the case of Fitts vs. McGhee was not even able to satisfy it. self that a suit to enjoin the attorney general of the state of Alabama, and one of its solicitors from proceeding to prosecute under an Alleged unconstitu- tional law was a suit against the indi- viduals and not against the state
 Whatever may be the rule in other cases, the doctrine announced In tb- case of Fitts vs. McGhee, which Is ex- actly on all-fours with the case at bar, is expressly recognized as the law of the land in the case of Prout ys. Starr. In the opinion in the latter case, MT Jus tce Shiras uses this language
 ''On the other hand the judicial power of the United States has not inrrequent- ly been exercised in securing to the sev- eral state in proper cases the immunity intended by the eleventh amendment. Citing among other cases F1tts ys. Mc- Ghee, 172 U. s. 51s.
 FIdTu kO OHdCi haRps
 We do not understand how the court can reach the conclusion that Prout vs. Starn was a departure from Fitts vs. McGhee in view of the quotations just above cited in the opinion of Justice Shiras There was no dissenting opinion in Proutt vs. Starr. Mir. Justice Harlan concurred in the conclusion, though not in all the reasoning of the opinion. As long as Fitts vs. McGhee stands thus ex- pressly recognized in the latter case and until the supreme court of the United States oyerturns the principles of law therein enunciated, we feel that all nisi prius judges are bound by 1t as the law of the land, and all public ohi- ciais whose duties are similar to those of lhe defendants in Fitts ys. McGhee are likewise bound to accept the princl- ples of that case as the law of the land. As has been declared by the judge of this court in this very case: The Judgment of the court, so long as 1t is unreversed, is the law of the land and must be respected" Pamphlet opinion Judge Jones in this cause page 2) Again the court in substance says, all courts and officers in this land must bow to the decisions of the supreme court ot the United States Pamphlet opinion Jones'. J-page B.
 Not to Solicitors.
 But 1t is argued that because of bill
The Birmingham age-herald., 1907-08-29
Dividend Notice.

Notice Is hereby given to the stock holders of the Ensley Land company that a dividend of three and one-half per cent (3b per cent on the reduced eapi- tnlization of $500,OO0 has been declared, payable on October ., 1907. to the stock holders of record on October 1, 1907.
 Parties owning stock who have not had It transferred to their own names should have such transfers promptly made. and parties owning stock on the old basis Of capitalization should turn in their stock and receive stock on the basis to which the capital was reduced by act Of the Alabama Legislature of date February 10, 1898 TNSLEY LAND COMPANY, By W. A. Green, Secretary and Treasurer
 -22-4t-thur
The Birmingham age-herald., 1907-08-29

an.- increase in taxation, as the amount taxed at the present time, is about as high as it can well be. There is little doubt but what the bond issue will earry- by a comfortable majority, as most peo- pie think the purpose for which the bonds are to be voted is an excellent one.
 Optimistic citizens set forth the claim that q city the size of Bessemer should have school facilities of the finest, storm sewers of the best, and fire depart ment that is iam-up. Fire Chief Nolan has appeared before the council num- Der of times and each time has stated that if sever fire were to visit the city, 1t would be next to impossible for the fire department with it's present equip ment, to fight it with any degree of success,
The Birmingham age-herald., 1907-08-29
Solicitor Denies Right of Court
 To Restrict
AUTHORITY Is EXCEEDED
MT. Dent Points Out That the State Statutes Cover the Case and That Federal Injunction Goes
 Entirely Too Far

Montgomery August 29.-(Speclal )--In the United States court today the brief and argument of s. II. Dent solicitor for Montgomery county, was filed. this being an answer to the application of the Louis vile and Nashville railroad for an in Junction to prevent the solicitors from indcting and the sherifs from arrestng for violation of the state laws that are now enjoued by the federal court. In general way Mr. Dent denies the right or the court to so restrict him in his of flee, points out that laws that are thus resisted are protected in the statutes that now exist, and there is no reason o be- leve that the federal court has any au- thority to restrain criminal prosecutions under the state acts of this kind.
 He contends that the Florence bridge case still holds, and that such suit as that filed by the railroads is in every ef- feet suit against the state. and quotes another case to uphold the bridge ruling. He also argues that the fact that the fed eral court first got Jurisdiction in tle cases now pending presupposed no right to further extend to restrain criminal op- erations. This, in effect is a suit against the state and without the authority of the constitution. The brief in full fol- lows.
The Birmingham age-herald., 1907-08-29
Discussion of Bond Issue.

The question of bond issue for the purpose of floating bonds for the erec- lion of new school house, the installing of storm sewers and additional equipment Tor the fire department will. 1t Is believed. have quite a bearing on the municipal election. which is to be held In Septem- Der.
 There are those who believe that the pity Is about as deeply in debt at the present time as it can well afford to be, hnd they do not think the idea a good bne. On the other hand, 1t has been pointed out, that there will hardly be
The Birmingham age-herald., 1907-08-29
How Animals Wash.

From the Detroit Free Press
 The rabbit washes his face like a cat but there are no prickles on his tongue. The fur seals have long. coarse and deep-rooted bristles which lie in the fur and keep 1t from getting matted or ruffled. Some animals can use their claws as combs In others the pile of the fur is too short to need combing at all
The Birmingham age-herald., 1907-08-29
Want County Site Removed.

Montgomery, August 2S.-(Special) A delegation of citizens saw the gov ernor today in the interest of the re- moval of the county seat of Russell from Scale to Girard. The petition did not show the names of majority of the citizens of the county, and the governor declined to order an cleo tion
The Birmingham age-herald., 1907-08-29
Eartouake Shock.

Ft. De France. Island of Martinique. August B-A strong earth shock was felt here at 10:50 D. m. yesterday. No damage has been reported
The Birmingham age-herald., 1907-08-29
Identified.

From the Home Magazine.
 A teacher showed his small pupils q zebra. saying, Now. what is this?"
 "A horse in a bathing suit" was the prompt reply.
The Birmingham age-herald., 1907-08-29
Horse Throws Emperor.

Hanover. Prussia, August S.-As Elm peror William was saluting the veterans at the review held here yesterday his horse slipped and fell. throwing his ma testy to the ground He rose immediate ly. without assistance. and unhurt, mount ed another horse and continued the re- view.
The Birmingham age-herald., 1907-08-29

Three aldermen of the out going board will serve on the board that will be elect ed in September. namely: Messrs. Lewis, Ross and Thomas. These gentlemen ara all we'll posted with regard to the af- fairs of the city and they will be valu able asset to the new board.
The Birmingham age-herald., 1907-08-29
Brief and Argument.

Brief and argument on behalf of defend
 ant, S. H. Dent, Jr., as solicitor for
 Montgomery county. Alabama, in op-
 position 10 injunction.
 There seems to be two lines of cases as to when a suit against a public official Is In reality a suit against the state, and therefore forbidden by the eleventh amendment to the federal constitution. One line of cases announces the broad proposition that wherever an officer Is specially charged with the execution of a state law, alleged to be unconstitu- tonal, but under the authority of which such officer was committing, or is about to commit some specific wrong or tres pass to the injury of the plaintiffs right, then this would not be q suit against the state. The theory upon which this line of cases proceeds seems to be that the officer so specially charged must in order to make his action an official and not an individual act, show that the authority under which he proceeds Is a valid and constitutional enactment. If the authority to which he points for his action Is n- valid, then he Is acting on his indivd- ual responsibility, and Is subject to be restrained when trespassng upon an others rights Among the line of cases establishing this rule are: Prout vs. Starr, 1Ss U. S. 5S7; Smyth vs. Anles, 169 U. s. 4S6
The Birmingham age-herald., 1907-08-29
Subject Discussed.

There is a very able article upon the subject of suits against states in the federal courts in the May-June number of the American Law Review. by Pro-
The Birmingham age-herald., 1907-08-29

Try the Gawk for haIf.tone and iIr1 Aee-Haraid Building.
The Birmingham age-herald., 1907-08-29
CITY OFFICIALS WILL SOON CHANGE New Bessemer Board Coming
 In September 9 DISCUSS NEW BOND ISSUE Many Contend That the City Is Now Deeply Enough In Debt-Per-
 sonal and General
 News. % 

Bessemer August 2S.-(Special.) )-The time is fast approaching when the pres ent mayor and board of aldermen will be numbered among the has beens." On September g the new board will be in duced into office and successful reign for them is predicted Under the new code, and 1t is understood that it will be accepted by the city, the incoming board will serve only one year. after which time another primary will be held.
 The incoming mayor is business man of prominence, and his board Is com prised of some of the best and most con- servative business men in the city. The present council, under the direction of Mayor John J. Sullivan, has made a record that any body of men should feel proud of and when the time comes for them to retire from office they can do so with the full knowledge that they have done their best for the city, as they saw it.
 The present council Is composed of Mayor John J. van and Aldermen Lewis, Goodwv- Torless, Thomas. Long. Eidgr ,sns.#
 A great city has heen a, er. 4a 'n- prove ht bot sil. TT cted
 4ently
 while thes $ in the discharge le admits that they at 4 lines what they felt was for interests of the city.
 Three aldermen of the out going board will serve on the board that will be elect ed In September, namely: Messrs. Lewis,
The Birmingham age-herald., 1907-08-29
LEE II, WE'LL,

FLARES COLEMAN,
 PHILIP H. STERN, Solicitors for Respondent, s. II. Dent. Jr
The Birmingham age-herald., 1907-08-29

8-15-4t-lli
The Birmingham age-herald., 1907-08-29

IS DlHcrencc.
 There is a wide difference between a suit against individuals holding off cal position under a state, to prevent them, under the sanction of an uncon- stitutonal statute by committing by some positive act a wrong or trespass, and suit against officers of a state merely to test the constitutionality of a state statute in the enforcement oi which those officers will act only by formal Judicial proceedings in the courts of the state" And again in the same opinion Justice Harlan says: "In sup port of the contention that the present shuit (Fltts ys. McGhee) Is not one against the state, reference was made by counsel to several cases, among which were (among others) Smyth vs. Ames 169 U. s. 466 Upon examination 1t will be found that the defendants in each of those cases were officers of the state. especially charged with the execution or a state enactment alleged to be uncon- stitutonal, but under authority of which it was averred, they were committing or were about to commit some specific wrong or trespass to the injury of the plaintiffs rights"
 In this case, the solicitor for Mont gomery county, who is enjoined from indicting and prosecuting for viola ton of the criminal laws Is not spe- cially charged with the enforcement nor does he bear any special relation to the statute alleged to be unconstitutional. The solicitor. in enforcing such cr!mi- nal laws, does not commit any trespass whatever upon anybody's property, nor does he commit any trespass or wrong upon the person of anybody. but on the contrary he simply uses the name of the state of Alabama for the purpose of punishing the violation of the criminal laws through proper judicial proceed ings. And every such person so pro- ceeded against has his rights protected if the statute Is unconstitutional by way of defense which may finally be tested by the supreme court of the United States. To allow the constitu- tionality of such criminal law to be tested by means of an injunction from d court of equity might be a speedy meth cd of testing the constitutionality of every law to which the is added a criminal feature, but such mode cannot be applied to the states of the Union, with the principle that they cannot, with out tn cir assent, he brought into any court at the suit of private persons If this injunction be sustained, then there is no reason why the foreign brewers sh ould not obtain an injunction to prevent the prosecuting attorneys of the state of Georgia from enforcing fre provisions of the prohibition law re- gently passed by that state and so with reference to every other law where q non resident citizen or corporation feels aggrieyed by some unconstitutional en- actment.
 Suhieef Diacussed
The Glenwood post., 1907-04-06
REVOLUTION II GlIL Is eoa:!.
An He,r-Apparent to Spanish Throne
Creates Much AGO.

Madrid-Spain to-day is threatened
with revolution. and should the eN-
pected child of Queen Victoria be a girl
4 general uprising of the revolut.onists
is certain. If, on the other hand
son is born, it is reasonably certain
that the disafected elements will be
held in check
Queen Victoria is as well as can be
expected but she is growing daily
more nervous in anticipation of the eX-
traordinary arrangements for publicity
which etiquette demands shall sur
round the birth OF an heir to the Span
iSh throne
Nowhere in the world has the bar
barism of traditional etiquette reached
such depth as in the royal court of
Spain Here ii strips privacy from that
which is elsewhere considered most sa-
cred. Already. in anticipation of the
arrival of a royal heir, grandees are
hurrying to Madrid from every prov
incc of Spain
As the moment of birth approaches
the King his prime minister and those
of the royalty who can boast a direct
descent from kings will gather in the
Queen chamber.
The Glenwood post., 1907-04-06
AGED Banker Sentenced to Pen.

Warsaw. Mo.-After four and hall
hours dehberation the jury i'll the trial
of Maj. Harvey w. Salmon. nearly sev-
enty yea s cd, has returned a verdict
sentencing hIm to three years in The
penitentiary. A motion for new
trial was made this morning:
Major Salmon was charged with
grand larceny in connection with the
failure of the Salmon bank at Clinton.
Missouri. IN June, 1905 He had been
al its head for many years. He was
regarded us one of the wcaithicst and
mcst prominent politicians in the
state.
An unusual feature of the trial was
the presonCn here of many Clinton res
idcnts. among them numbor of old
men who lost the savings of a life
time in rhe crash of the Salmon bank,
which had Caly a few dollars on hand
to meet liabilities aggregating 500,
OOO One Of the unfortunates is Code
Adamsol. q veteran cattle dealer of
Henry county. When the Salmon
bank closed he had deposit there of
100000. The bank held $4,000 be
longing TO Henry county, and AdamSon
was one Of the suretieS furnished by
the bank 10 guarantee the safety of
this monev He also loaned the bank
cOlsidcrahit = money at various times.
Salmon and his brother, DR.. G. Y
Salmon, and his nephew. Z. NJ. Sal
mon, We're Indicted September %, 1908
for wrecling the Salmon * Salmon
bank at Ciinron. Harvey Salmon was
elected state treasurer of Missouri in
1872 and has always been power in
politics. lie was the right bower" of
Senator William j. Stone