davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-02-12
DARDEN vs. sCHUEssLER

Bill to Cancel Mortgage-(D Decided
 January IS. 1907-45 So. Rep. I3O)
 (Rehearing denied December l9.
 1907)
 i. Usury what constitutes--Usury is the taking of more for the use of money than the law permits.
 2. Same; intent: presumptfon-- Where a contract Is usurious on it's face an unlawful intent Is presumed
 3. Same---complaiuah husband died owing defendants about ssO0O. secured by mortgages on the wife's real estate. Complainant, the wife owed one H. SS.026. which was secured by mortgage on her land. Defendants agreed to loan her at interest the sum due IT. provided complainant and H. would convey to them the whole land as security for the loan of 3.0g6. and security for additional Indebtedness of $500 due by complainant. and provided complainant would assume and secure the s6,000 due from her ks5shand to defendant. Held, that the Bniy con
The Montgomery advertiser., 1908-02-12

sideration moving or passing to com plainant was the loan of sSo2s and that to the extent the agreement undertook to charge her and her lands with the payment of the husbands debt it was usurious and void simpson. !. dissents)
 Court.
 Heard before Hon. R. B. Kelly. Affirmed in part and in part reversed and remanded. Opinion by Mcclellan, ]. Tyson. C. Jl Haralson and Ander- son, JJ.. concur. | simpson. J. disscnts. Dowdell ana Denson, u. not sitting.
The Montgomery advertiser., 1908-02-12
WARRIOR RIVER COAL & LAND COMPANY V ALABAMA STATE

l COMPANY V ALABAMA STATE
 LAND COMPANY.
 l Ej4ctment--( Decided Nov, 27. 1so7-- 45 So. Rep. 53.)
 | 1. Public lands; state lands; sale; condition subsequent-The legal title
 to the lands granted by Congress un- | der the Acts of June Srd, 1856, and l April 10th. 1869, having vested in the state, and the benefeial interest in the l railroads companies therein having be- | come indivtdualized, both as to the land and as to the companies, the lim- | itatiou that the land should be sold to actual settlers only. etc, was, at most
 condition subsequent and title to the land could be forfeited only by ap-
 propriate acton of the Federal Govern | ment.,
 a. Same; lands of state.--Although the deed was signed by the trustees in their individual names, 1t was a com
 veyance by them as trustees only
 where the deed recited the legislation with the reference to the land, its conveyance to the trustees. the official performance of the direction to the governor to convey the lands to the trustees with a full enumeration Of 1 the duties, powers, etc, as fixed by 1 the debt settlement act, and also the recital that no personal warranty of title should be construed to exist but | that lL SnOulQ operate On4X 6H n COn- veyance of all the estate and interest vested fin the grantors.
 G. Same; conveyance; time.--The | trustees were not incapaciated from | conveying the lands remaining after | the expiration of the time for the ter- | imitation of the trust notwithstanding the provision of the debt settlement
 act of February 23rd. 1878; the pre- sumption being that they were in fact trustees when they signed the deed,
 there being nothing in the record to the contrary.
 l. Ejectment; burden of proof.--Aft-
 CT plaintiff in ejectment has shown prima facie right to recover. the bur
 den is shifted to the defendant to prove
 a better title B. Judgement; concIusIve: dismissal
 on the merits.--Construing rule 2S,
 chancery practice. and section Sl2.
 Code 1898, 1t is held that where de-
 fendant in ejectment had filed a bill to
 quiet title to the land in controversy,
 prior to the ejectment suit, and plain
 tiff in ejectment had answered deny ing defendant possession and alleging that plaintiff was in possession and owned the fee in the lands ana afterwards the case was dismissed on account of defendants defaults and judgment entered for the plaintin. such judgment estopped the ejectnent defendant from thereafter claiming title to the land.
 Appeal from Birmingham City Court
 Heard Before Hon. c. W. Ferguson.
 Affirmed. Opinion by Mcclellan, J. Tyson. c. J., Dowdell and Anderson, j, l., concur.
The Montgomery advertiser., 1908-02-12

3. Contracts: part performance; re- covery.--where the employer breaches fion on the common count for work and labor done; where the efnploye abandons the work without sufficient cause before completing it he cannot recover for work and labor done.
 Appeal from Walker Law and Equity Court.
 Heard before Hon. T. L. sowelI.
 Reversed and renandsd. opinion by Tyson, c. J.
 Dowdeli. simpson ana Dsnscn. JJ.. concur.
The Montgomery advertiser., 1908-02-12
SALMON, ADMINISTRATOR V. WYNN,
 AT1MTNTSrE ATOP

Ns
 ADMINISTRATORS .... Bill to Remove Estate Into Chancery
 Court And For Final Settlement
 --lDecided June 13. 1s07--45 So.
 Rep. 1s3.l (Rehearing denied
 December IS, 1S07.)
 1. Administration of estates; action: time for bringing--A bill filed within twenty years from the date when . deceased executof filed a statement of his acts for a partial settlement of the estate is not barred by the statute or limitations; but 1t is barred by laches where 1t seeks to have the Chancery Court assume jurisdiction of the fur- ther administration of the estate of Q deeedent and to require the adminis- tration of the deceased executar of de- cedent's estate to account. where 1t ap- peared that complainant had long slumbered over her rights, and might have brought the executor to a final settlement before his death. and no ex- .ause- is given for not doing so. ana where it further appears that he set. tied with the other 1eEatees and made large payments to complainant, making 1t doubtful whether complainant is en- titled to anything, and 1t is uncertain that a proper account could be stated. 2. Equity: pleading without proof-- Proof of fact not alleged in a bill is as unavailing as is averment without proof.
 Appeal from Tallapoosa chaneery Court
 Heard before Hon. W. W. whiteside. Affirmed. Opinion by Denson. ]. Tyson, C, J.. simpson and Anderson. JJ., concur.
The Montgomery advertiser., 1908-02-12
sIIoss- -sHEFFTELD STEEL & IRON
 COMPANY v. eyINZANT.


 COMPANY v. svIRZANT. Action by Parent for Injury to Minor
 Son.--(Deeided November 2i. 1901.
 44 So. Rep. 1O1k.)
 1. Parent and chiid; injury to child: measure of plaintiffs amAges.--WhiIe a father may recover for the loss of his sons services and any extra ax- pense in caring for and curing him ok the injury. he may not recover for lodging. board and clothing, as those are ordinary expenses for which the father is liable. irrespective of any in jury.
 2. Damages. evIdenee---The fact that the son had fainting spells may not bA shown, in aggravation of damages un- less there Is evidence showing a casual connection with the Injury complained of.
 5. Pleading; waiver of ifisuhiclent pleading--where the pIainttR did not question the insufficiency of the plea. but took issue on it. and the evidence showed that the bar was complete, the defendant was entitled to the general charge, although the plea of limitations was not in Code form.
 Appeal from Franklin Circuit Court.
 Heard before Jos. H. Nathan.
 Reversed and remanded. Opinion by Simpson, J.
 Tyson, c. J., Anderson and Denson, JJ., concur.
The Montgomery advertiser., 1908-02-12
BROWN Ys. DEFINE.

BROWN NS. C'bIRNE. Assumpsit--(D Decided June 20, 1so7-4s So. Rep. 129.l (Rehearing denied December 10. 1907.) 1. Landlord and tenant: lease; per sons bound---A lease reoiting that it is made between the parties mentioned therein and signed by such parties, and
 a third person. does not bind such third person.
 2. Evidence: parol to explain writ ing--A lease reciting that 1t was made by and between two named parties. and was signed by them and third party. Held. paroi testimony was in- admissible to show that the third party signing such lease intended to bind himself thereby .. Fraud: statute of; guaranty--Tne liability of guarantor cannot be es- tablished by parol testimony, under the statute of frauds. | Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Affirmed. Opinion by Simpson, j. Tyson. c. J.. Haralson and Denson. JJ., concur.
The Montgomery advertiser., 1908-02-12
CENTRAL OF GEORGIA RAILWAY
 COMPANY Ya GEOPP

COMPANY VS. GEOPP,
 Action for Damages for Injury to Pas
 senger-(Decided November 2s,
 19O7--46 So. Rep. e5.) (2ehearing
 denied December 1s. 1907.)
 l. Carriers; passengers; injury to; negligence; evidence; collision--Proof of q collision and injuries resulting therefrurn makes out a prima facie case of negligence in the handling and operation of two trains on one of which plaintff is q passenger, though one of them was standing.
 3. same: complaint-A complaint charging the injury to plaintiff to have been oecasioned from the negligence of those in charge of a train on which he was a passenger, by a collision with another train; and in another place charging negligence to those In charge of train on which he was 6 passenger, by a collision with another train; and in another place charging negligence to those in charge of both trains, Is supported for recovery by proof, of negligence in the handling Of one Of the trains. and a charge assert ing that unless there was negligence of the servants In charge of both the trains, resulting in injury plaintiff could not recover, was properly re- fused.
 8. New trial: newly discovered evil oeuGS5 QlllkSnCo-W -W0SF0 Ine 0eHen0AnI made no effort at the trial to show a different version of the affair as testified to by plaintiff and his one witness. defendants lack of diligence bars him from a new trial on account of newly discovered evidence.
 1. Bills of exception; time of sign ing; new trial; questions presented Where the bill of exceptions is not signed within the time. allowed by law after the original trial does not present for review the action of the court on the former trial; but where 1t is signed within thirty days after judgment upon a motion for new trial. it presents for reveiw the action of the trial court with the respect of the motion for Q new trial.
 Appeal from Montgomery City Court.
 Heard before Hon A. D. Sayre.
 Affirmed. opinion by Anderson, J.
 Tyson. c. ]., simpson and Denson. JJ., concur.
The Montgomery advertiser., 1908-02-12
GARRETT. FIT AL. V. MATTEL
 WOOLEN MILLS.

GARRETT, FIT AL. V. HATFIELD
 wOoLEN MILLS.
 Garnishment.-(D Decided November 2e, 1907. A So. Rep. 102e.)
 |. Appeal; review; special finding; effect.--Where a special finding is made under Section 3320. Code 1898. by the trial court this court will only inquire. on appeal. whether the facts as found are sufficient to support the judgment.
 2. Same; supersedeas; security for costs.--The mere giving of security for cost Of appeal will not suspend the Judgment of the lower court or prevent wise.
 3. Same: effect on garnishrnent.- When an appeal from aR judgment is taken and a supersedeas bond given, after writ of garnishment is issued to enforce the judgment. the garnishment Is suspended pending the determination of the appeal, and on an affrmance of the appeal the trial court may proceed with the garnishment. unless there has been some act tantamount to a dlscon- tinuance.
 {. Trial; docket; bringing forward on docket--The failure of a clerk as
The Arizona sentinel., 1908-08-12
INDEPENDENT PARTY CLAIr1S.

James Healy, one of the chief political managers and organiz- CTS of the new Independent party, has great hopes for the organi- zation and claims the party will carry three states at the coming election-namely Oregon, Neva- da and Idaho. In Arizona can didate for delegate to congress will be placed in the field, but his name, according to MT. Healy, may not be announced until the certificate of nomina- tion is filed. Mark Smith is re- ported to be very uneasy, owing to the defeat which threatens him through disaffected demo- crats voting for the Independent candidate. A complete ticket will be nominated in Maricopa county, where the Independents are quite strong, and a hard fight made for its election.
The Arizona sentinel., 1908-08-12
RESPONSIBILITY FOR RAIL-
 WAY ACCIDENTS

Julius kruttschnItt, director of maintenance and operation of the Union Pacific system and the Southern Pacific Company, has an interesting article in Apple tons Magazine for July, on the "Public's Responsibility for Railway Accidents, in which it Is shown by statistical facts and figures that only about 12 per cent of the deaths and Is per cent of the injuries on railroads are directly attributable to the "perils of the road" Of the 88 per cent of deaths and 82 per cent of injuries, it is shown that many are the result of actual ig- nOrance ol safety appliances; in others tbat innate or inborn de- sire to get something for noth- ing, or to beat the law-to do the thing which is forbidden.
 According to the railroad com. mission of Indiana, "more per- sons are killed on highway cross ings, and while trespassing, than passengers or employees working about the trains or about the railways"
 Mir. Kruttschnitt does not at tempt to deny or minimize the responsibility of the company or its officials; but argues that more carefulness on the part of the public, and diligence on the part of employees, would go far in lessening the appalling record of accidents. The trouble, gen. orally speaking, is the public's idea that the carelessness of an employe which results, in an ac- cident and loss of life or in serious injuries, is no extenua- tion for the railroad company. This is certainly unfair to the railroads, and especially unjust to.thOse lines which take every possible known precaution for safety.
 Mr. Kruttschnitt advocates more thorough investigations of railroad accidents and the
The Arizona sentinel., 1908-08-12
In the Probate Court
OF THE COUNTY OF YUMA.
 TERRITORY OF ARIZONA.

OF THE COUNTY OF YUMA.
 TERRITORY OF ARIZONA. In the Matter of the Estate of Harry F. Neahr, Deceased Order to Show Cause why Order
 of sale of Real Estate Should
 Not be Made.
 It appearing to this Court, by the petition presented and filed by Alberto R. Imperial, Admin istrator of the estate of Harry F. Neahr, deceased, that it is nec- cessary to sell the whole or some portion of the real estate of said decedent to pay the debts of de- cedent and the expenses and charges of administration, and make family allowance.
 It is therefore ordered by this Court: That all persons interest ed in the estate of said deceased appear before the said Probate Court on Monday, the Eth day of September, A. D., 1908, at the hour of ten o'clock a. m. of said day, at the court room of said Court, at the court house in the town of Yuma, Yuma county, Territory of Arizona, to show cause why an order should not be granted to said Alberto R. Imperial, the Administrator, 10 sell so much of the said real es- tate as shall be necessary and that a copy of this order be pub liShed four successive weeks in the Arizona Sentinel, newspa- per printed and published in the said county of Yuma.
 Dated August 9th, 1908.
 Joseph H. Godfrey,
 Judge of the Probate Court. August 54t
The Arizona sentinel., 1908-08-12
The Badge of Honesty

Is on every wrapper of Doctor Pierce'5 Golden Medical Discovery because full list of the ingredients composing it Is printed there in plain English. Forty years of experience has proven its superior worth as a blood purifier and invigOrat- ing tonic for the cure of stomach disorders and all liver ills. It builds up the run down system as no other tonic can in which alcohol is used. The active medic inal principles of native roots such as Golden Seal and Queens root, Stone and Mandrake root, BloodroOt and Black Chcrrybark arc extracted and preserved by the use of chemically pure, triple refined glycerinc Send to Dr. E. V. Pierce at Buffalo, x. T., for frCc booklet which quotes extracts from well-recognized med ical authorities such as Drs. Bartholow, King. Scudder, Coe, EllingwoOd and a host of othcrs, showing tEat these roots can be dasended upon for their curative action i6 all weak states of the stomach, accompanied by indigestion or dyspepsia as well {s i1/All bilious or liver complaints and in Hl/wasting diseases "where thero is losS3Thesh and gradual running down of tlStS:rength and system.
 The "Golden Medical DiScoveryr makes
 
 fegnlates the stomach. liver and bowels, and, through thcm.-lhe whole system. Thus all skin affections, blotches, pimples and eruptions as we'll as serofulous swell lings and old open running sores or ulcers arc cured and healed. In treating old running sores, or ulcers, it is well to in- sure their healing to apply to them Dr. Picrcc's All-Hcaling Salvc. If your drug giSt don't happen to have this Salve in stock, send fifty-four cents in postage stamps to Dr. R. V. Pierce. Invalids' Hotel and Surgical Institute. Buffalo. N. Y.. and a large box of the rAll-Healing Salve" will reach you by return post.
 You can't afford to accept a secret nos trum as substitute for this non alcoholic, medicine OF KNOWN COMPOSITION, not Bven though the urgent dealer may thereby make little bigger profit.
 Dr. Pierce'S Pleasant Pellets regulate and invigorate stomach, liver and bowels Sugar-coated, tiny granuleS, easy to take as candy.
The Arizona sentinel., 1908-08-12
REPUBLICAN PRIMARIES.

The republican primaries for the election of delegates to the county convention were held last Saturday and developed no con- test of any sort. There was only one ticket and consequently but few votes were boiled. These are delegates to the county con- vention to be held on Saturday, August 15, when nine delegates will be chosen to represent the republican party of Yuma coun- ty in the Phoenix convention of August 22nd, which is to nomi- nate candidate for delegate to congress. The delegates elected Saturday are as follows:
 HI. H. Donkersley, W. H. Lyon. Donald Mcintyre, U. G. Wilder, Harry Morris, H. V. Clymer, c. V. Meeden. w. A. Brazee, W. c. Peterson, J. H. Graham, c. E.. Potter, l.. E. Karr, D. c. Rose. J. T. Alexander, A. H. Kent, Henry Levy, Alfred Parker, L.. c. Stahl, R. H. Stanton, R. P. Monroy.
The Arizona sentinel., 1908-08-12
LOOK OVER YOUR HARNESS
 
SOUND POLITICAL DOCTRINE.

Following are a few extracts from Taft's letter of acceptance
 The Democratic platform rec ommends a tax upon national banks in the nature of enforced insurance to raise a guaranty fund to pay the depositors of any bank which fails. This proposal would remove all safeguards against reckleSSneSs in banking and the chief and probably the only benefit would accrue to the speculator who would be delight ed to enter the banking business when it was certain that he could enjoy any profit that would ac- 'crue, while the risk would have to be assumed by his honest and hard working fellows.
 The Republican platform rec ommends the adoption of a postal savings bank system. This will bring to everyone, however re- mote from financial centers, a place of perfect safety for de- posits with interest returned.
 The man who formulated the expression of the popular con- science and who led the move ment for practical reform was Theodore Roosevelt. He laid down the doctrine that the rich viOlator of the law should be as amenable to restraint and pun ishment as the offender without wealth and influence.
The Arizona sentinel., 1908-08-12

greatest publicity given the facts as developed by such investiga- tions. This has not been the policy of many railroads iu the past, but is one to be heartily commended and one which would most certainly impel a more friendly attidude on the part of the public toward the railroads which adopted it.
The Arizona sentinel., 1908-08-12

Of the document as a whole we may see thatit exhibits frank ness and common sense and con- firms former impressions of Mir. Taft's sanity and courage. New York Evening Post.
The Arizona sentinel., 1908-08-12
The little edaughter of a homeo

The little daughter of a homeo- pathic physician received a ring with a pearl in it on. the Christ mas tree. Two days later she poked her head tearfully in at the door of her fathers office.
 "Papa," she sobbed, "papa, I've lost the little pill out of my ring"
The Arizona sentinel., 1908-08-12

Had a case today in which two men claimed a rabbit"
 Well. Judge, why didn't you divide it."
 "I don't split hares in my court. "-COurier Journal.
The Arizona sentinel., 1908-08-12
ing a dangerous menace wheu the river is iu flood.

ing a dangerous menace wheu the river is iu food.
 One of these levees has been completed from the town of Yuma to the site of the dam, and it's brushwork defenses have been finished for distance of about seven miles. Another levee has been completed from Yuma to the Mexican boundary, a dis tance of 20 miles. This section has already been called upon to resist several floods in the Gila, and has withstood the impact of the waters without a break, al though it contains no stonewOrk whatever, and it's composition including it's dikeS is merely earth and wood. In completing plans for the Ynma system, the engineers in charge had to con- slider another difficult proposition how to free the water in the rivers from the detritus which is held in solution at all seasons of the year. especially during high water. If the canals were to be filled directly from the rivers by the usual headgates, such a de- posit would be carried into them and their branches that frequent excavation would be necessary to keep the ditches from being filled. As the water distribution in this way would be impractical ble, the plans decided upon in- cluded arrangements for inter- cepting the deposits carried in solution to such an extent that the water entering the canals will contain but a small percent age, even during the flood sea son. While the Laguna dam will divert the water of the Colorado into the main canals described, it will be really of more impor- tance in forming what might be called a settling basin. Here the velocity of the current will be restrained, and @ pool formed, permitting such precipitation. But the brushwood dikes de- scribed will also be an important adjunct in this respect, especially during high water. They are not intended to prevent the water from flowing through them to a certain extent, but to check the current. During this operation much of the detrituS, it is eX- pected, will be caught against the dykes, and thus they will serve to filter the streams.
 The Yuma project is expectsd to be entirely finished next year, when water will be ayailable for the hundred thousand acres men, toned. The soil to be treated has been analysed, and found to be of an extremely fertile char acter when sufficiently moisten- ed, while the climate is favor able for the raising of crops native not only to the temperate zone but the tropics. Yet this is country of which the sci entists have said, "It has no bOttOm," owing to the great depth of alluvial soil which GOV CTS the natural surface, carried down. by the Colorado and it's tributaries. Consequently, the work of the Reclamation Service in constructing irrigation works of such magnitude in this region is an engineering feat of no lit ! tie importance.
The Arizona sentinel., 1908-08-12

It proves Taft to be not alone splendidly qualified for the Pres idency by genius for admin strative work, but by a perfect sympathy with the best ideals of efficient, square deal, popular government-Kansas City Times
The Arizona sentinel., 1908-08-12

It'gives the plans of man who loves his country deeply and wishes it to advance steadily and to the benefit of every one of her citizenS.-BOSton Record.
The Arizona sentinel., 1908-08-12

The cost of good tea is SO very little: only a third of a cent a cup! a cent and-a-half or two cents for the family breakfast
 Your grocer returns your money if you don't hLe Schilling's Best We pay him.
The Arizona sentinel., 1908-08-12
COMMENTS ON TAFT'S SPEECH

William H. Taft deserves the praises as we'll as the votes of all decent citizens in the country. New York Sun.
The Arizona sentinel., 1908-08-12

It is long speech, but an ex- cellent one. As a campaign doc ument it is highly meritorious, and whether blue-penciled by Roosevelt or not. will strengthen Mir. Taft in the confidence of the voters. Newark News.