davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-06-01
HAMMOND v. THE STATE.

HAMMOND V. THE STATE. Carrying Concealed Weapons--(Dec
 ed February 6. 1908. 45 South. 65A1
 1. Jury: right to trial by; waiver in misdemeanor cases--Under the provis- ions of Section 10 and 2S of an Act (Acts 1s9s-7 p. S079 creating the cie- burne County Court a defendant charg- ed with misdemeanor valves his right to trial by jury if he fails to make a demand therefor before the first term of the court after his arrest.
 2. Criminal law; evidence. opinion The statement by witness: T did not see where the pistol came from. but 1t is my judgment that he took 1t out of his pocket" is the expression of mere opinion on a subject which was for the determination of the jury and was i'm. properly admitted.
 Appeal from Cleburne County Court
 Heard before Hon. T. A. Johnson.
 Reversed and remanded. Opinion hS Anderson. !.
 Tyson, c. J., and powdell and Mccls,. Ian. J. T.. concur.
The Montgomery advertiser., 1908-06-01

New York, May 3l.--The erection of two Roman Catholic structures In this city was today formally inaugurated by Cardinal Logue, Primate of Ireiand. The Cardinal oficiated at the laying of the corner stone Of St.. Athanasuts Church in the borough of the Bronx, and afterward at that of the new par ochiaI school in St. rtaYmonds parish. in the same borough. He made no ad- dresses but read the service of the blessing of the stones In both par~
The Montgomery advertiser., 1908-06-01
FATAL PISTOL DUEL.
Two IlIInois COnatables Fight
 NnL-naAIann- AEnAnh

Wrestling Match.
 Vermillion, H.. May 31.--Constable Bruce Northup. s5 years old. was shot to death today in a pistol duel by Con- stable Charles Crawford, 21 years old as the outcome of quarrel resulting from a friendly wrestling match. Craw- ford surrendered and is in jail.
 Tn friendly wrestling match Craw- ford worsted Northup. and the latter picked up crawford's pistol which had fallen from his pocket and said he would keep 1t unless Crawford was big enough to take 1t away from him Crawford secured another pistol and called at Northup's home. NorthuT met him and both began firing. North. up being killed
The Montgomery advertiser., 1908-06-01
COMPANY COMES .
Players at c.siao at Electric Park Ar
 rive.

I
 rive.
 The Irene Myer Stock Company which will begin an engagement at the Casino Theatre. Electric Park, tonight, reach ed Montgomery late last night on be- lated train from Augusta. Ga.
 The actors were delayed in reaching Montgomery because of an accident to a freight train which obstructed the tracks in Georgia.
 Miss Myers. who is a beautiful young woman, Is accompanied by large com pany of actors. The play to be pro- duced tonight Is Anita, the Singing Girl" which was presented here some time ago by high -priced company and made quite a hit.
 1t is probable Miss Myers and her company will play several weeks at the park theatre. The company has been very successful elsewhere and has been praised by discriminating critics.
The Montgomery advertiser., 1908-06-01
A Princean EIorer.

Lucerne. May 31.--Princess Arnelie Louise, of Fuerstenberg. and Gustave Kozian. an employe- of an automobile firm, with whom the Princess recently eloped. accompanied by Kozian's moth ier, have arrived here. Negotiations are now proceeding with the family of the Princess to secure approval of inc marriage, but in the event of fail- ure in this. 1t has been decided that the wedding will shortly take place .in this city.
The Montgomery advertiser., 1908-06-01
ExPLosToN oN LAUNcH.

Philadelphia, May 31.--It developed today that two persons lost their lives through the explosion of a gasoline tank on q launch in the Delaware Riv- CT late last night when the boat con- taining sixteen persons was wrecked and fourteen injured.
 Frank Cassidy, one of the party, was thrown overheard by the explosion and his body has not been recovered. John Schmidbleichen was the other victim. None of the fourteen injured Will die.
The Montgomery advertiser., 1908-06-01
SOUTHERN MUTUAL AID AssoCIA
 TION v. WATSON.

SOUTHERN MUTUAL AID AssocIA-
 TON v. WATSON. Assumpsit. CDecided Feb. 4. 1908. 45
 South. 64e.)
 Insurance; dues; contract to repay; ultra vires--One dealing with a corpor- ation is bound to take notice Of it's charter powers, and the provision to return the dues paid, less sick bene- fits, being ultra wires the corporation, was a mistake of law. and. therefore, not a fraud; and the contract provtd- ing for sick benefits and the return of the premium. less sick benefits. being an indivisible contract, the insurance feature was a sufficient consideration therefor, and plaintiff was not entitled to recover as for money had and re- ceived from her the dues paid on such sick benefit insuranes and contract. providing for return of premium. less sick benefit. if the policy was kept in force ten years.
 Appeal from Montgomery City Court.
 Heard before Hon. A. D. Sayre.
 Reversed and rendered. Opinion by Dowdell, J.
 Tyson, c. J.. Anderson and Mcclellan, JJ. concur.
The Montgomery advertiser., 1908-06-01
Arrives at Princeton.

Princeton. N J.. May 3l--Former President Grover Cleveland. who has been i'll at Lakewood for some time. was brought to his home here this eve ming. <.
 Mir. Cleveland was accompanied by Mrs Cleveland and a physician. came from The Pines in an automobile. The journey was made slowly and the for mer President arrived home at o'clock
 Members of the family said Mr. Cleveland stood the trip well ana was very little fatigued. . Inquiry at the house as to when Mr. Cleveland will leave for his summer Home In New Hampshire. brought the response that no time had been fixed for his departure.
The Montgomery advertiser., 1908-06-01
PosEY V. TOWN OF NORTH B1RA
 INGHAM.

POSEY v. TOWN OF NORIA DAR@
 INGHAM.
 Action for Damages for Personal in-
 iurv-- (Decided February s. 1sos
 45 South. s6z.)
 1. Municipal corporations; operation of public. utilities; negligence; liability for---A municipal corporation operat- ing public utilities, if acting within its charter powers, Is liable for inJu- ries Inflicted through the negligence of it's servants or agents, just as other persons or corporations.
 g. Same; authority to operate; char. ter power-The operation of an electric lighting concern by the Town of North Birmin gham Is ultra wires the corpora ton. and the town is not liable for h. Juries caused by the negligent opera tion of such plant; nor is power given said town to operate such plant either by Sec. 2s5o. subdivision 1. Code 1896 nor by subdivision II thereof. nor by subdivision 12 thereof. nor by Section | 225, Constitution 1901, nor by the Acts of February 2s.. 1909. General Acts
 Appeal from Jefferson Circuit Court Heard before Hon. A A Coleman. | Affirmed. Opinion by Dowdell, J.
 Tyson. G. J.. Anderson and Mcclellan J. T.. concur.
The Montgomery advertiser., 1908-06-01
SOCIAL AND PERSONAL.

Miss Mamie Doik. who has been vis- iting Mir. and Mrs. J. M, shue at Capitol Heights, has returned to her home in vincennes. Ind.
 Mir. W. T. Jones of Dothan has just returned from Philadelphia. where he has been taking course In engraving. and is spending few days with his parents in this city.
The Montgomery advertiser., 1908-06-01
JACKSON v. BIRMINGHAM FOUNDRY
 A MACHINE co.

Bin to Abate a Nuisance--t tDecfded
 February {, 1908. 45 South. ss0.)
 1. Statutes: presumption of ccnstitu- tionafity--A statute is presuned 10 De constitutionzl. A.f ~
 2. Dedicatior: what constitutes: plating and sale of lets--Where' the owner of land p1ats it stnto lots and streets and sells and conveys the lots with references to the plating. it is aded- ication of the streets. although no ef- forts arc afterwards made to prepare the streets for public use.
 8 Statutes: constitutionality of: closing streets--Where there remained to the lot owner a convenient and reasonable outlet to neighboring thor ouEhfares, an act authorizing manu- featuring corporation to close portion of a certain street and to use the clos ed portion is not. as against the lot owner. vioIative of Section a. Constt- tuition 1901.
 Appeal from Birmingham City Court
 Heard before Hon. Charles A. Senn.
 Amrmed. Opinion by Mcclellan. !.
 Tyson. c. J.. Dowdell and Anderson. J. J.. concur,
The Montgomery advertiser., 1908-06-01
BIRMINGHAM RY. l.. & P. co. v.DIcE EHSON .rs

ERSON Action for Injury to Passenger--(De-
 cided February 6. 1908. 45 South.
 e5e.1
 Carriers: injury to passenger; con- tributory negligence: stepping from moving car--As plea of oontributory negligence alleging that plaintiff step ped or Jumped from moving car of de- fendAnt and in a direction opposite from which the car was moving. IS de- fectiye for falling to allege the speed of the ear. as 1t Is not negligence, as a matter of law, to aiight from slow ly moving car. even by stepping in the opposite direction.
 Appeal from BirninghArh city Court Heard before Hon. H. A Sharpe.kl' Affirmed Opinion by Anderson. J. Tyson. c. J., Dowdeli and 'MeCIelian- J. T.. concur. tkHFaa 9sAf Fs
The Montgomery advertiser., 1908-06-01
REDMOND & co. V. LOUISVILLE 6 ~ N eII1yII I h R R cfl af al

REDMOND & co. V. LOUISVILLE &
 NASHVILLE R. R. co ct al. (Decided Feb. 6, 1908. 45 South. 64s.)
 Pleading; variance; parties--Not- withstanding the provisions of section A, Code 1896. where the complaint al- leges joint contract between plain tiff and both defendants, and the evil dence shows contract with only one. and no question of misJoinder is raised by the pleading. the variance is fatal , to a Judgment against either defen- dant.
 Appeal from AnnIston. City Court
 Heard before Hon. Thomas W. Cole man, Jr.
 f Affirmed. Opinion by Dowdell, J.
 Tyson. c. J.. Anderson and McClel- Ian JJ., concur.
The Montgomery advertiser., 1908-06-01
Head Notes Of the Decisions
 of the Alaban1d Supreme Court

paper is void when issued by such cor. fide purchaser for value before matur- ity
 3. Pleading: fraud: conclusion--A a plea of fraud as a defense whlcn fails to set up the facts showing tne fraud Is faulty and subject to demuF- Ter. - .
 {. Same: verihcation: mosion ~ strike--A plea setting up fraud which is not verified Is subject to motion 10 strike.
 Appeal from Bessemer City court.
 Heard before Hon William Jackson.
 Reversed and remanded. opinion oy Dowdell. I.
 Tyson, c. J., Anderson and MeCieiiap' J. T.. concur.
The Montgomery advertiser., 1908-06-01
DEAN v. THE STATE.


 Failure of Conductor to Keep Sufnefept
 Good Drinking Water on Train =
 Decided Feb. 6. 190s.--45 South.
 66t. 1. Criminal law; special finding by the court; effect .--The statute does not authorize the special finding of facts in criminal cases by the court. and. hence, such finding can have no effect on appeal. 3. Street railways; drinking water on trains; statutory provision .--sec- ton 5Ses, Code 1896. has no application to conductors on electric motor cars running between places twelve or thirteen miles distant. and requiring from thirty to forty-hvs minutes for the trip.
 Appeal from Bessemsr City Court Heard before Hon. William Jackson. Reversed and rendered. Opinion by powdell, J.
 Tyson. c, J.. Anderson and Me- Clellan, JJ., concur.
The Montgomery advertiser., 1908-06-01
srouFFER V. sMITH-DAVIs HARD
 WARE co.

iAssurnpsit-(pecided January 5. 1sos.---
 as South. e21.) '- ]. l. Bills and notes: bona nde pur- ;eheaers, ultra wires acts of corpora tIon--Nothing apearinR on the face of a draft to show for what purpose i' was issued, a corporation having pow CT to accept drafts for some purposes if it accepts such draft for goods in which 1t has no power to deal. cannot dstand a suit on such draft in the hands of e bona hde holder for value before maturity. on the grounds tnai the transaction is ultra wires
 2 Same--A corporation not authas.z ized to issue commercial paper, such
The Montgomery advertiser., 1908-06-01

Casino Grand Opening Tonight.
 Irene Myers, as .Anita, the Singing Girls
The Montgomery advertiser., 1908-06-01

casine Grand Opening Tonight. Irene Myers, as ~Anita, the, singing
The Montgomery advertiser., 1908-06-01
Two cathoIic structuree.

Call for Fama NaeionaI cigars, you set a ten cent smoke for Be.
The Montgomery advertiser., 1908-06-01

The Fama Nacionsl cigar is the best nickel cigar op earth.
The Montgomery advertiser., 1908-06-01

WARD v. THE STATE, FIX REL. PAR
 3, KER, ET AL.
 Quo warranto--( (Decided January 23.
 1908. 45 So. 655)
 1. Constitutional law; legislative power; elegation.--Section lss af an act approved August ls. 1907. General Laws. is07 D. ss2). is not unconstitu- tionai as an attempt to confer upon the governing body of the towns and cities of the State legislative power. which by the constitution is confined for ex- erclse to the Legislature.
 2. same.-The Legislature has pow CT to pass a valid statute to take effect on the happening of future event, and to deiegate to an officer or person the power of determining or announcing whether such event has happened.
 3. Municipal corporations; organiza- tions; statute.--By the terms of the municipal code act General Laws. 1907, D. 7s0), the same does not become op- erative until September. 1908; and Sec tion is9 thereof qualities Section 2 to the effect of authorizing an event on the happening of which il should go into operation in such municipality in the manner stipulated at an earlier date.
 {. Same; oficers; president of coun- cil.--under the charter of the city of Birmingham the Mayor performed the duties of the off1ce of President Of the City Council. there being no such ofi- cer provided ny charter. By the act of August is, 1907, General Laws, 1907, ?. 790), Section Iss, the governing body of the city was required to elect, on the reorganization of the city there- under. a president of the city council who should hold his term until his suc- cessor should be elected at theemunici- pal electioa in September, 1908. Held, that such officer. when properly elect ed. superseded the Mayor as President Of the City Council and was entitled to the rights and privileges and to per form the duties thereof. Mcclellan, J dissenting.J
 Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Affirmed. Opinion by Mcclellan, J All the Justices concur except Mo- Cleilan, j., who dissents.
The Montgomery advertiser., 1908-06-01

Donations may be mailed to Captain l.. A. Odom at the Salvation Army headquarters on whitman Street, or can be left with the proprietor of Gal iagher's barber shop on Dexter Ave nN
The Montgomery advertiser., 1908-06-01
SalDation Army Preparing
 For It's Fresh Air Camp

hoped that at least 500 persons will be given a holiday of at least two weeks without charge. A medical tent will be erected and one of the city physicians will be constantly in attendancs. For. persons who are taken to the camp there will be no charge whatever.
 Captain odom in his letter states that at least s1 900 will be required for the expenses of the camp during the four summer months. The following per-
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-01-10
Gan. 10 In bistory.
}. VI. SHEAIER, Local Forecaster.

17G9-Ney, famous French marshal In Ma
poleons army. born at aar-Louis
executed Tor treason In the Waterloo
campaign In 1875.
1865-Lylnan Beecher. father of the IA
nous family, died in Brooklyn; born
Oct. II. 1ii5. DIR. Beecher gradual ted at
Yale and was pastor of the Congress
sional church at New Haven IL wears.
Having acquired great influence as ain
orator and religious teacher. he re-
moved TO Boston In 1926 TO uphold or
thodoxy.
1sId-Ceneral Gordon Granger. distin-
guished Union commander in the west.
died at Santa Fe; born 1926
19O6-Dr William Rainey Harper noted
Hebrew scholar and president OF the
University of Chicago. died in Chi
cage; born 1856
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-01-10
CITY CHAT.
Hard wood at McKown's.
Buy a home of Reidy Bros.

Hard wood at McKown's
Buy home of Reidy Bros.
Tri-City Towel Supply company.
Me to Jones for a cheap stove.
Celery and oysters at Schroeder's.
For bus or express, Spencer G Trefz.
Sealshipt oysters at Battles & CO.
All kinds of pork cuts at Schroe
Ger's.
All kinds OF pork cheap at H. Ire
mann's Sons
Genuine Pocohontas coal for fur
naces at McKowns.
Fresh dressed turkeys and chicken.
at II. Tremann's Sons.
Fresh dressed turkeys, ducks ant
chickens at Schroeder's.
Extra price inducements in Nc
Cabe's Saturday specials.
If you want cheap pork, go to H
Tremann's Sons tomorrow.
Sealshipt oysters and Baltimore Sc
lects sat II. R. Battles & Co.
]. II. Bell C Co. plantation Java cot
fee at Clement & Diedrich's.
Smokers appreciate the quality value
OF Lewis Single Binder cigar.
Demonstration. of Heinz 81 varieties
at II. R. Battles & Co. tomorrow.
Let Krell & siemon do your furnace
and tin work; 1916 Third avenue.
A complete display of green vegeta
bles at Clement e Diedrich's tomor
row.
Mr.. and Mrs J. V. Collier of Sears
are the parents of a daughter born
yesterday.
See the line of fresh vegetables which
H. r. Battles will have on display
tomorrow.
defy you to beat my prices on all
kinds of stoves. Jones. the second
hand man.
Don't SILVER yourself into sickness
take your small change to Jones and
get stove.
Get your jars filled with the best
kettle rendered leaf lard at H.. Ire
mann's Sons
Young chickens, fresh dressed, 1919
cents per pound at Gilmores packing
house market
Did you ever see a real fancy roller
skater? Master Harry Golf, a local
boy, who is classed the boy champion
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-01-10

of the world. is appearing at the Rock
Island rink this week.
Fresh cat fish. black bass. river sal
mon, hali6ut, trout, buffalo and earn
at III. Tremann's Sons
| Young geese, fresh dressed. .12b
cents per pound at Gilmore's packing
house market tomorrow.
Fresh dressed young geese 1919
cents per pound at Gilmore's packing
house market tomorrow.
Fresh dressed young chickens 12h
cents per pound at Gilmore's packing
house market tomorrow.
Attend the dance given Saturday
evening, Jan. II. by the Annex club
at Skinner annex, Moline.
Bargains in fine combs, hair brushes
tooth brushes and purses at Charles
Ullemeyer's. 534 Sixteenth street.
Leaf lard. spare ribs, neck bones.
sausage meat, pig heads, feet, hearts.
and livers, at II. Tremann's Sons.
Mr.. Jebe will render special selec.
tons on the trap drum and bells ana
Xylophone tomorrow evening at Me
Cabe's.
Have You tried that fine Milwaukee
sausage? H. r. Battles & Co. will re-
ceive another fresh shipment tomor.
row Order there.
Island City Court of Honor. No. $50.
will hold its monthly dance and card
party Jan. 16 at Beselins hall. Ad
mission - cents. Schieberl's orchestra.
Fresh fish and seal shipped oysters
fresh from the cost, poultry, butter.
eggs and milk and cream at Hopkins
Il Co.'S new market, 1909 Third avenue
Expert manicuring, shampooing ant
thorough treatment of the hair and
scalp given by Mrs. Sol Levi, 73G Sew
enteenth street. Old phone west 7S6-K
The funeral of Elwood Hart. colored
who died in Chicago. was held this
afternoon at 2 o'clock from the home
of G. H. Marshall. 739' Fourteenth
street. Burial took place in Ohippian
mock cemetery.
The monthly meeting of the Church
of God will be held at the home O
Miss Annie Olson. 503 First street
Sunday afternoon at o'clock. w. II
Oldham, pastor of the church of Clin
ton, Will be present TO address the
meeting. All that are Interested are
invited to attend.
Tomorrow afternoon at 2:3O Envoy
and Mrs. Booth OF the Salvation Army
will meet with the children of the city
at their quarters, 1909 Second avenue.
They will be pleased to have all chill
dren attend this meeting as there will
be nothins to iniure them and much
that will benefit them
Rock Island people who were ac-
qnainted with him are grieved to
learn OF the sudden death of Conductor
William Hawthorne this week on his
train entering Chicago on the Milwau- |
kee He resided in Elgin. but was
known here. having been on the Iowa
Illinois division OF the Milwaukee for
years.
The epidemic of scarlet fever, diph, |
iberia and small pox. prevalent in the |
state, has resulted in the closing of the |
schools at Albany and Deere Grove, |
and has seriously affected Tampico,
Sterling and all of that section in a |
radius of about % miles. AT Albany |
there are reported to be 10 cases of |
scarlet fever, two of diphtheria and |
several of small pox.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-01-10
A Hiaher Health Level

Il have reached a higher health
level since l began using DR.. Kings
New Life Pills" writes Jacob Springer
of West Franklin, Maine "They keep
my stomach, liver and bowels working
just right If these pills disappoint
you on trial, money will be refunded
at all druggists. % cents.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-01-10
Special Announcement

The Hotel Harms will continue serv-
ing a table d'hote dinner on Sundays
from IL to and to, p. m.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-01-10
THE W EATHE r. /.

Rain or snow and slightly colder to-
night; the lowest temperature will be
about - to 30 degrees; saturday, gen
orally fair and colder.
}. VI. SHEAIER, Local Forecaster.
Temperature at q. M, 80; at 3.30
y. M, 40. Maximum temperature i'm last
~ hours. -; minimum, 30. Velocity Of
wind nj "a. M, miles per hour. stage
of water, 10 feet, fall of Il foot In last
- hours. Precipitation. none.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-01-10
ASTRONOMICAL EVENTS:

Sun sets. 4:is; rises. go. Moon sets.
l2:5l a. m Moons age. days 1a:42 o.
m. moon at greatest libration west.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1908-05-30
hUcHFlucTuATDN
In Prices Of May Deliveries Of All
Grains Was Feature of Trading
Yesterday.

Chicago, May 29-WHEAT-Violent
fluctuations in the price of the May
delivery wheat, corn and oats marked
the trading on the local exchange to
day The closing out of wheat foI
May delivery was a feature the trading
in the wheat pit, and the uncertainty
attending the final efforts of the
shorts to extricate themselves from
the grasp of bull leaders had a tend
Iency to restrict trade in deferred ia.
lures The market opened irregular
May firm, and other months rather
weak. Within a short time May drop
ped 512 on profit taking sales. Bull
leaders then began to support the
market and the price advanced to a
point 1h above the former high mark
10 fthe day. This caused almost com
plete recovery in deferred futures
prices of which had dropped two cents
on the break in May. The news of
the day was generally favorable to
bears, The clos was strong for May
bears. The close was strong for May
closed u higher, July as412 lower.
No. red 90 No. 3 red 96t2 No. 3
hard 100; July opened 901a @90% :
highest 9O9s 1904 lowest S95s; clos.
ing 90b. May 1lO1a.
CORN-Opened weak with May
changed to one cent below yesterdays
close, No support for May seemed ap-
parent from the bull leaders and the
bears quickly knocked an even cents
from the price, quotations dropping
.156% at a time Trade meantime was
in small lots. Deferred futures de.
clined along with May Shorts then
covered and the market rallied as
quickly as it had declined. Wet wealth.
er in parts of the corn belt had a
tendency to strengthen future months.
The market broke sharply the last
two minutes OF trading on renewed
selling of May which dropped more
than two cents the last few trades
The close was weak, May 262B lower,
July shade lower. No ,, 69m71:
No. white 71@711s; No. 3 yellow
71@72; July opened 67A 664%; high
est G7ss G67%; lowest 6615 closing
.67A G672S. May S0MS012.
OATS-May declined nearly 4 cents
the first half hour and AZ within an
hour Future deliveries were also
weak but the declines were less mark
ed. The market rallied with wheat
and corn but only half of the loss was
regained. Favorable crop reports
checked the advance. May closed 8
q lower, July down y. No white
'5l652h; July opened AN d47A
highest 47% lowest 463s closing 4C
q. May 52%.