davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1907-10-13
OFFICERSCA CAN
 USE THE CARS Are Entitled to Their Transportation. DECISION BY JUDGE SAYRE Franchises Are Consideration for
 the Passes. Fraction Company. Says the opinion, Elas Contracted to Let oaiclals
 and EmpIoyes Ride with-
 out Paying.

Judge A. D. Sayre held yesterday that the Montgomery Traction Company must furnish free transportation to the Mayor, other city officials, policemen and hremen. In his opinion, Judge sayre decided that the agreement the Traction Company entered into with the City Council to pass the municipal ofl- cers free of charge on its cars shall be enforced, regardless of the fact that the company, since early September. has discontinued passes under the view that the corporation comes within the State statute regulating common car-
 1t was held by Judge Sayre that the transportation to be furnished city of- ficers was contracted by the city for valuable consideration. that such trans portatipn was for tho good of the pub lie and that 1t was no discrimination against the public.
 The contract is opposed to neither the spirit nor the letter of the statute. is valid and must be enforced" says Judge Sayre in his opinion.
 The contention between the company and the city arose after the company that the corporation came within the meaning of the State law governing common caxriers. Some time previous to the revocation, the company had re- cetyed certain valuable franchises from the City Council with the agreement that the Mayor, city officials, police men and iremen should be transported free over the company's lines
 The city sought to enforce the agree ment by peaceable means. but the company steadily insisted that its hands were tied and, as common car rier. 1t could not violate the State law.
 waa-. r-T.. tered mandamus proceedings in the City Court to compel the company to , live up to it's contract.
 The company thereafter entered de- murrerz to the petition for inandamus and arguments on these demurrers were heard by Judge Sayre week ago By his decision yesterday Judge Sayrs overrules the demurrers of the com
The Montgomery advertiser., 1907-10-13

pany and grants the petition of the
 Text sf the 0pinioa.
 The text of Judge sayre's opinion foi- lows: in the business of carrying passengers in street cars through the streets or the City of Montgomery and is com- mon carrier. In copsideration oi number of franchises and privileges to be exercised over and through the public streets of the city, which the court feels authorized to say were or great value when granted and continue to be of great value during every day of their use the Traction Company, on April IS. 1906. entered into q contract. among other things to furnish free Of charge, tickets or passes to the Mayor and Aldermen of the city, and to all other officers. upon application rom tn e Mayor and to transport ofncers and patrolmen of the police force. and all members of the Are department, free when in uniform..s
 .February 14, 1907, the Legislature passed an act making 1t criminal of fense for common carrier to give. or for any person to receive, any free passes, tickets or free transportation, or rebate, discount or reduction from such rates as are offered or given 10 the public at large Some classes of persons are allowed to receive passes, but I do not think the exceptions made in their favor affect the case in hand.
 "The purpose of the present proceed ing Is to compel the Traction Company to perform so much of the contract as is stated above. The Traction Com that the act of the Legislature has made 1t unlawful for it further to per- form the contract. and. very properly as 1t seems to me, desires to have the question adjudicated.
 "The propriety of malndamus as the remedy for the enforcement of any right the city may have is not Ques- toned by the demurrer. and I do not pass on it at this time. Nor Is 1t de- nied that the parties to the contract were competent to enter into 1t .t the time it was made. nor that 1t was made in good faith by the City Council nnd for the public good as 1t was tben un- dcrstood.
 observe in the beginning that the individuals holding the various execu- tive offices of the city have no rights fin the premises assindividuals, but the sole question Is on the right of the municipality to have the contract per- formed as for the common good of the PCtPiS VI AtHC
 Passes Are Not AFree..
 ''Doubfless If the making of such q contract were now an original proposi- ton with the City Council. 1t would not invite trouble by using the word free in connection with the transpor- tation to be secured for it's officers. This it might do without changing he zeal meaning of the contract in any particular. For to me 1t seems plain that the transportation secured was in no sense free to the city.
 The city contracted for 1t on . val uab1e consideration, and it is beyond the power of the court to know or say that the privileges and franchises granted to the Traction Company were not we'll worth as much as the agree ment made by that company to trans port officers of the city and every other consideration moving to the city. The contract for the transportation of its officers without further chnrge--for that Is the meaning of it--was and con
The Montgomery advertiser., 1907-10-13
TWO CASES HEARD.

Judge sayxe Holds For Defendant In
 Wire Road Ejectment Suit.
 In the civil division of the city court, Judge Sayre yesterday disposed of two cases and then adjourned court until 10 o'clock Monday morning.
 In the case of Judy McGehee vs. Will lie Singo and others. a suit seeking ejectment from twenty acres of land on the Wire Road, judgment was rem dered for the defendants.
 The case of Frank s. Vaughn vs. ". J. TooIe was dismissed by the plaintiff.
The Montgomery advertiser., 1907-10-13
p1RT1Hs ANp pnATHs.
Vital statistics of Montgomery for the
 Past Week.

Seventeen births and nine deaths were recorded during the week ended yesterday by the Health Department of the city. The following statement of statistics issued:
 White Births. To MT. and Mrs. A. R. Monk. boy. To Mir. and Mrs. J. l.. Moore, boy. To Mir. and Mrs. J. H. Meadows, boy.
 To Mir. and Mrs. R. B. Scott. a boy. To Mir. and Mrs. J. B. Upchurch, a girl.
 To MT. and Mrs. A. J. KeyntOn. boy.
 To Mir. and Mrs. E. M. Ellington. To Mr. and Mrs. T. M. Mclaughlin. boy.
The Montgomery advertiser., 1907-10-13
White Blrths.
Negro Blrths.

To A. J. Watson and wife, girl.
 To William A. Julius and wife. 2 girl. To William A. Julius and wife. a boy. z To Walter Barn and wife, a boy.
 To Robert Mitchell and wife. ---A-. ~ To Robert Abraham and wife, boy. To Tom Green and wife, -.
 To M. Childreg and wife, a boy.
 To Frank Hudson, wife, a. boy.
 To Henry Steward and wife, boy.
The Montgomery advertiser., 1907-10-13
white Deaths.


 Mrs. W. A. McCormic, age 2S years Miss Jennie Stewart, age 3S years; shipped to Pinkston, Ala. Mrs. Annie Norris, age 2s years. Mrs. Carrie Carr, age 2S years; ship- ped to Milstead, Ala. The body of Mrs, Gertrude Heron. was shipped to Montgomery from Tus- caloosa, Ala, for interment.
 Negro Deaths. Minnie Chiidreg, age 20 years. Mary Daniels, age 21 years. Eliza Bedell, aged 65 years. Dennis Taylor. age 45 years. Mary A. Holt. age s2 years.
The Montgomery advertiser., 1907-10-13
DEATH OF MRS MARY HARALsoy
 ss DENT

Ono of the saddest events that has occurred in Alabama in a long series of years. was the death on the first day of October. ot Mrs Mary Harai- son Dent. the wife of MT. George Howard Dent. Tr,
 She was the ei1est daughter of Jus tice and Mrs. Jonathan Haralson. ana the mother of 'wo beautiful children. all of whom. with two sisters, reia- lives and 8 host of friends, are left to mourn their ,irreparabie loss.
 She was one of the most beautiful and accomplished young matrons in our State. noted for It's women of rare beauty and intelligence. To unsur- passed physical attractions. was added mind of charming equipoiss and cul- ture; a heart of peculiar grace and tenderness. and earnest pfety which, like the jewels she wore, was "an or snament of grace to her head. and chains about her neck.s She was true and faithful in all the relations of life, and easily and naturally won the en- thusiastic devotion of her friends: her fidelity to them was one of the abiding characteristics Of her nature.
 Strange that one so fair and prom feing should be taken so soon, when fees stood most in need of them! But inscrutibie as are the ways of Provi- dence. the cloud Is not without it's sil- yer Things, which 1t becomes us to be- bold as affording some relief In the hour of trial. She is in Heaven! "A Gracious God, not gainless Is our
 loss:
 A giorious sunshine siIss thy direst For while her loved ones struggle with
 She risss with the crown"
 Not only is she in heaven, but she has gone Go brighten that home for loved ones soon 10 come thither, to be met by her at the beautiful gate, and welcomed to her own eternal joys.
 Yes, this lovely cherished rose has but been taken from the uncongenial soil of earth, to bloom forevera in the paradise of God, and to be a cynosGre and Inspiration to those she has left behind. as with chastened imaginations tbey picture her there, ''hard by the Throne of Gods"' and dwell upon her radiant and fragrant virtues.
 knew her from her girlhood to her death, and that acquaintance Is so golden memory that cannot for bear placing this humble leaf upon her tomb at the same time rendering my most heartfelt sympathy to the beI reaved ones in this moment of un- speakable sorrow.
 M. B. wharton. D. D.
The Montgomery advertiser., 1907-10-13
COunte rfeits.

Read GREATEST NEWSPAPERS IN AMERICA has say this subject:
 The manufacturers Casa have been compelled spend hundreds of thousands dollars miar the public with the signature oOhas Fletcher This has been nessaed by pirates ounteng the Casoa trade mark This counerng crime only against the petor Casto but against the growing generation All persons should be careful Gao bears the signature Oh Fletcher they would guard the health fe children Parents and mothers in particular ought carefully examine member that wrapper every bottle genuine Casto bears the fac-simile signature Chas Fletcher under whose supervision has been manpcud continuously for over thirty yeaa-FA5zadephiG Bssetin
The Montgomery advertiser., 1907-10-13
NEWS OF RECORD

M. Brockman, "a Monroe street mer- chant. entered suit yesterday in the city court against the Seaboard Air Line Railway. He claims $200 for an al-' lered delay in the delivery of a case of goods sent from Hendersonville. N. C.. to Montgomery.
 Deeds were recorded yesterday in the probate office as follows:
 Southern Sash and Door Company to J. A. Bullock, six lots in Highland Park; consideration, S7,35O.
 John Randolph to Chris Wehage. property on the East side of South Mo- DonouKh street no feet South of Dex- ter avenue, measuring 50 by 100 feetJ consideration, s6,0O0.
 The Governor made the following ap- pointments yesterday--Miss Annie Bur gess, Mobile County; IT. L. Payne. Elba, Coffee county; A. B Paine, TuskeKee, Macon county notary publica
The Montgomery advertiser., 1907-10-13

tinues to be valuable tosthe city in the exercise of those governmental func- tions for which 1t was created.
 Tt was and continue to be of interest to the public, and conservative of the public good that it's Mayor and Alder men, its policemen, and it's firemen should at all times be permitted to make use of the defendants cars to reach every part of the city's territory cost to them.
 "rhe contract serves public pur- pose. its benefits. such benefits as were in the contemplation of the parties to 1t, are secured to the public ct large. and in my judgment it was competent for the city to exact it's obligations as a condition to granting the franchises without fegard to the pecuniary value of the stipulations to either party; and if the city desired to give value, there Is no word in the statute which denied 1t the right to grant franchises, com modities, or what not.
 Clearly also 1t is impossible for the court to say that the contract in ques- ton secures to any one a rebate, dis- count, or a reduction. within the plain meaning of any one of those terms. Assuming for moment that the con- tract secures an advantage to the in- diyiduals holding office. 1t Is immaterial that the same advantage is not offered or given to the public at large, unless it take the exact form of a rebate, q reduction. or a discount.
 . No act is criminal, nor any contract void. unless it falls within the letter of the statute, and it cannot be ssaid that the advantage in question is either a rebate. a reduction, or a discount.
 "Under the contract in question the officers of the city incur no obligation to the Traction Company. They owe their transportation to the city alone. Nor is the public discriminated against. The transportation secured is for, the public good. And so, in my judgment, the contract Is opposed to neither the spirit nor the letter of the statute. is valid, and must be enforced.
 The demurrer is overruled"
 In all Likelihood. the Traction Com pany. will appeal to the Supreme Court for a final decision in the matter.
The Montgomery advertiser., 1907-10-13

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The Barre daily times. (Barre, Vt.) 1897-1959, 1907-06-17
FEAR HIS SUICIDE.
Officers Watch Fairbanks Closely at
Brattleboro.


Brattleboro, June H. William Fair.
banks, who shot and killed his niece,
Mrs. Mary Grout at Saxtons River, on
the night Of May IS, and then fred two
bullets into his own body just above his
heart, is not as well as he was two
weeks ago, and it is feared by those in
charge at the Brattleboro memorial hos.
pitaI that be will vet win in his attempt
10 end his life.
He is allowed to eat solid food, but
he is losing in weight, his demeanor is
indifferent, has face has a haggard ex
precision, and Deputy Sheriff George p.
Alexander, who ii with him night and
day, has noted a CLASSY cast to his
eyes.
Fairbanks wounds are healing and
his pulse is normal, but there are
marked fluctuations in his temperature.
His temperature rose from normal to
103 degrees Saturday for no apparent
cause. His wife is in Brattlebnio now
and visits him every day, but not q
word has been exchanged by them con-
cerning the tragedy. Fairbanks is very
restless at times, and IN some Of his
restless periods he has expressed a
wish that he might die. Deputy Sheriff
Alexander believes that although Fair.
banks IS silent in regard to the murder,
he is worrying about it.
The prisoner IS fastened to his bed
all the time except when the nurses are
working over him, a handcuff around
one wrist being attached 60 a chain
which is secured to the head of the bed.
II he lives It Is believed that ii win
be long time before he is able TO be
moved to the state prison at Windsor.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-06-17
CLOSING RECEPTION.
rendered Glass Of 1907 BY Other Glasses
Of Spaulding Hight School.

The Spaulding school building was the
scene Of very pleasant occasion Sat-
urday evening when the three lower
classes Of the high school gave fare
we'll reception 10 the members Of the
class Of 1907 who had been graduated
the evening before. The capacity Of the
assembly room was taxed TO it, utmost
A programme was given az follows:
selection by by Rjley's orchestra;
march led BY Miss Ayerill, 90; vocal
solo, Mrs. Parker Leach; reading, Miss
Allie Trowes with two eneares; march
Parker, '07; intermission; march, Miss
Blanche Bradford, '05s cello solo, Lyle
Perry; vocal solo, William Robertson;
march, Reed, '07.
The decorations were the eoiors Of the
class Of 1907, purple and gold and brown
and gold, representing the commercial
department and the four years' course.
Punch and waters were served during
the evening Angus McAuley acted as
chairman Of the evening.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-06-17
FouND HoRsE bUT Nog RoBBER.
ST. AIbans Police Chief Does a Little
Effective Work.

ST. Adams, June TIA little qiiiet
detective work by Chief Of Police
Mahpnev resulted ia the finding and
return to its owner Saturday Of a stolen
horse and carriage. The rig belonged to
Fred Couture, proprietor OF the Central
Hotel at Henryville, r. Q., and was
stolen during the early hours Of last
Tuesday morning by young man using
the name Of William Smith. smith was
d new arrival in Henryyille and worked
as railroad section hand for about
three days boarding at the Central.
He soon learned the habits Of those
about the house and on Monday night
went to his room early and after all had
retired, he quietly slipped out, drew the
buggy down the road u piece, then went
back and got the horse, hitehed up and
drove in here. Tuesday afternoon he
met Fred lombard, a horse jockey, and
sold him the horse for S5 and an old
watch. lie was crafty in his sale and
averted suspicion in selling the horse at
a low price, BY refusing to sell the buggy,
saying that that was the joint property
Of his father and himself. The man then
dropped out of sight.
Chief Mahoney Tuesday received a
telephone message from Henryyille, adj
vising him Of the theft and describing
the property lie kept on the lookout
for it and soon saw Bombard driving a
strange animal. Couture was notified,
came down Saturday and at once iden-
titled his rig and took II back with him.
The chief would now like very much
to know Of Smiths whereabouts.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-06-17
IN MEMORY OF DEAD.
Service Was Held BY Odd Fellows in
Montpelier.

Montpelier, June fT--In accordance
with the proclamation Of the grand sire,
the odd Fellows Of Montpelier yester.
day observed memorial Sunday. Al
delegation from Vermont lodge deco
rated the graves Of odd Fellows III the
cemeteries Of the city and in the af-
ternoon a memorial service was held in
Odd Fellows hall Music was furnished
by male quartette The ritual mem.
orial service was read by the Kew. A. ].
Hough, member Of Vermont lodge,
gave an address. The memorial service
was in memory Of Oliver Wheelock of
Vermont lodge. G. Stacy Clark Of North.
field lodge and p n Hiukley Of Leba.
non, n H., lodge, oil of whom have
been buried at Montpelier during the
past year.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-06-17
A Business Change.

William Terry has sold his entire in
terest in the store TO his son, B L, Terry.
The store did business under the name
of William Terry, but WAS limited
partnership, composed of William Terry
and Charles Z. Miller. The term of part
nership expired some months ago. b. J..
Terry and Mr. Miller have have formed
a similar partnership for a term OF five
years, and the fomer and his wife will
both work in the store, together with a
full force Of efficient clerks. VIII Terry
viii not retire from active service en-
tireIy, but will serve the public in their
wants in the famous Glenwood and
Ronnd Oak stoves and ranges which he
has sold for the past rs years He will
also tn and do his share Of the sewing
machine business in this ection and be
III hand ready to how Up the Decring
moving machine and harvesting machin-
cry. He has been III business ia this
village for the past 10 years and has
been favored with successful business
and very liberal patronage, for which
he wishes to express his hearty thanks
and TO bespeak continuance Of the
same for his successor.
Children's day was observed in the
new church last Sunday The house
was crowded, and much credit is due all
parties concerned About 80 children
took part in the exercises.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-06-17
THEIR ANNUAL PICNIC.
Stephen & Girrard and Men With Fami-
lies, Had Fine Day Of 1t.

The Stephen & Girrard and their
families held their annual picnic at
Highland grove Saturday afternoon.
Dinner was served at the grove after
which the afternoon was given up to
sports
There was base bali game between
teams captained by James Mortimer ami
Thomas Mercer. Mortimers team won
BY score Of s to Z. Burnett,s pitching
and Kessock's catching were the feat
ures Of the game. Then foot ball
match was in order between teams cap
tained by Ginard and Burnett. Bur-
nett's team won after a hard fought
battle by score Of 1 to 0. Some re-
markable athletic feats were performed
by the players on both sides during the
game.
Next on the programme was a boys
race in which the first prize was award
ed to Patrick Massie; the second
prize to John Kessocl, Jr., and the third
to I. Ingram. The 'old" mems race was
won by j. Mitchell; second j. Kessock;
third, w. Dawson
In the girls race Annie Ehind won
first prize; Nellie Kessocb second aEd
Maggie Mortimer, third.
AZ the conclusion Of the sports vocal
selections were given by Thomas Mer-
Ger and J. KessocS.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-06-17
ENJOYED THEIR STAY
IN VERMONT TOWN
Texas Bankers Tied UP In Mortified BY
Wreck Visited The Place and
Found Relatives.

Northfeld, June 17.--This village was
the only town ia the state that was
honored with visit from the Texas
bankers association, the members Of
which are making three weeks tour
Of the north. Because Of derailed en-
CINE on the Central Vermont railroad
near the elbow bridge Saturday the
party was delayed for three hours. There
were $50 in the party, all bankers, with
fifty ladies.
Most Of the time was spent travelling
over the hills hear the village, which
to them was rare treat They all
expressed themselves as being pleased
that their trip through Vermont came
ii the day time az they wished to view
the scenery 50 much heard Of IN their
state. In the short space 0f time. the
peorIe Of this village certainly did
everything IN their power TO make the
stay Of the visitors pleasant.
A coincidence which Is very rare oc.
Cured. Two ladies OF the party, when
learning that they had unexpectedly
stopped in Northfeld, hastily inquired
for some old resident Of the town and
were referred to A. T.. Denny, president
Of the Mortified savings bank. The
mother Of the ladies was born in this
town on the Buzzell farm up Cox brook
and was an own cousin Of Mr. Denny
They were Mrs A. f. Miller and Miss
Minnie Young Of Witchata Falls. Texas.
The party left here about o'clock
'enroute for Boston, where they were
to stop for three days. The entire trip
is being made at a cost Of $4,000.