davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1908-11-04
RECORD OF THE COURTS.

Four divisions of the county courts started yesterday holding regular ses- sions, but Judge Lane in the circuit court alone held court during the entire day. It was announced Monday afternoon that no court would be held in the three di- visions of the city court yesterday. but cases were set for trial In the two di- visions of the criminal court, the chan cery court and Judge Lanes division of the circuit court With the exception of Judge Lanes division adjournment was taken in all of the county courts imme- diately after they were opened yesterday morning.
 Judge Lane was engaged yesterday in the trlal of the case of R. l.. Pratt vs. the Southern Railway company. The case was placed in the hands of the jury shortly before o'clock yesterday aft ernoon, In the case of Daisy Hamilton vs. the Louisville and Nashville Railroad company, a suit for damages for al- legged personal injuries, the jury rendered a verdict in favor of the plaintiff, award ing her $500 damages.
 Cases set for yesterday, a number of which will probably come upsin the courts today, are as follows:
 City Court.
 First division, nonjury, Judge Senn presiding: G. w. Reeves vs. Dick Brooks. appeal by defendant; J. w Farrior vs. J. T. Hayne, ejectment; c. w. Magnus vs. Salie Stoudemeyer, defendant; D. M. Drennen, garnishee, appeal by garnishee; Gray & Dudley Hardware company vs. P. F. Woods, defendant, and George Jen- kins, garnishee, garnishment on judg- ment; Julian Rapport ct al. vs. Birming- ham Railway, Light and Power company, assumpsit; J. J. Elliott ct al. vs. D. N Fike ct al, assumpsit; c. W~ Gunlock vs T. C. Summers, assumpsit; J. w. Curry vs St. Louis and San Francisco Rail- road company, appeal by defendant; M. B. DuBose ct al. vs. Louisville and Nashville Railroad company, detinue; Ed ward b. Dawson ct al. vs. Harry Rens- ford. administrator, etc., assumpsit: Br- mingham Paint and Glass company vs w. R. Lisenbar, assumpsit; Thomas Thompson vs. Birmingham Railway, Light and Power company, appeal by de- fendant; Celery Cola company vs. A. C.. simmons. assumpsit; NJ. B. Arnold ct al. vs. T. A. Moore ct al.. assumpsit J. A. Norman vs. S. S. Lamere, assumpsit.
 Second division, jury. Judge Sharpe pre-
The Birmingham age-herald., 1908-11-04
DEATHS AND FUNERALS
Mrs. Annie l. Shower.

Mrs. Annie I. Shower of Leeds died yesterday morning at the corner of Ave- nue I and Twenty-seventh street, Bir- mingham. The remains were sent to Weatherly, Pa, yesterday afternoon at 4:3O o'clock for interment by Lige Loy
 The deceased is survived by her hus- band. who is superintendent of the plant of the Standard Portland Cement com- pany at Leeds, two children and her father and mother, MT. and Mrs. John Mackes of weatherly, Pa.
The Birmingham age-herald., 1908-11-04
Municipal Code Effect.

The meaning and scope of the act creating the police court being clear, it's constitutjonality having been sus- tained by the supreme court and it's judge bieng ma9e elective by the voters of the city of Birmingham, the question is, what effect if any, has been produced upon said court, it's powers and Jurisdiction and upon the tenure and mode of election of it's judge by the act approved August 13, 1907, known as the municipal code, and entitled. "an act to provide for the organization, incorporation, govern ment and regulation of cities and towns and to define the rights, powers
 duties, Jurisdiction and authority of such cities and towns and of the of- ficers thereof. and to prescribe pen altes for violations of the provisions of the act"-a title referring wholly and exclusively to cities and towns, their organization. government, power, duties end Jurisdiction. In view of the title of the act, it admits of serious question whether the legislature could. by any provision of the act, had 1t so intended have constitutional ly excluded the Jurisdiction of the po-
The Birmingham age-herald., 1908-11-04
THE WEATHER.

Washington, November S-Weather for cast for Alabama: Fair Wednesday and Thursday.
 NIississippi: Fair Wednesday and Thurs
The Birmingham age-herald., 1908-11-04
William W. McoIathery.

The funeral services over the remains of William w. McGlathery. who died at 100 Huntsville avenue yesterday, will be held at the former residence of the deceased tomorrow afternoon at o'clock. Inter- ment will be at Oak Hill cemetery. Green & Co., being in charge
 The deceased is survived by wife and a son.
The Birmingham age-herald., 1908-11-04
ALABAMA GAVE s10.oOO.

John W. Tomlinson, in a tele- gram to The Age Herald last night. states that Alabama's con tribution to the democratic cam paign fund amounted to practic ally $10.000.
The Birmingham age-herald., 1908-11-04
CITY ITEMS.

Treasurer Seed IH.-State Treasurer Walter D. Seed, after a strenuous period of campaigning throughout the state became very i'll in Birmingham yester- day. He was unable to complete his journey to Tuscaloosa to which city he was going for the purpose of vot- ing.
The Birmingham age-herald., 1908-11-04
The Opinion Rendered.

Birmingham, November 8 1908. Hon. N. B. Feagin, Judge Police Court,
 Birmingham:
 Dear Sir-At your request we have ex- amined the act of the legislature creating an inferior court of criminal jurisdiction, known as the police court of Birmingham, and also the act of 1907, known as the municipal code, with view to ascertain ing whether the latter abolishes said po- lice court or changes the tenure of the office of judge thereof, or renders the judge of said court subject to election or removal by the city council We have also considered the question whether the election of a recorder by the city council would oust the jurisdiction of the police court, and terminate the office of judge of said court in May next, when his pres- ent term expires.
 The result of our investigation is that we are of opinion that the police court will not be abolished at the expiration of the term of the present judge and that his successor will be elective by the peo- pie and not by the city council; and fur ther that the Jurisdiction of a recorder, under the municipal code, is not exclusive, but concurrent merely with that of said police court
The Birmingham age-herald., 1908-11-04

ficer was certain of it responding instant ly. The unfortunate man was placed In the wagon, and en route to the city jail he died.
 "In speaking of the instructions to po- lice officers relative to caring for the sick, l daresay that the attention of Chief Bodeker has never been called to the in- structions issued about year ago when Chief Wier was in charge. It is very probable that the present commission has never rescinded the action of the commis- sion which then had charge, and the in- structions were probably lost in the gen eral upheaval incident to a change of ad- ministrations."
The Birmingham age-herald., 1908-11-04
Marriage Licenses issued.

Marriage licenses were issued from the office of the probate court yesterday as follows:
 Albert Mims of Adamsville to Miss Etta Franklin.
 Giuseppe Marfaro of Ensley to Miss Mary Rovato.
 John Pope Jones of Newman, Ga, to Miss Edna Josephine Moore.
 Richard Carr of Kimberly to Mrs. Mary Poe.
The Birmingham age-herald., 1908-11-04

Send this advertisement. together with name of paper in which 1t appears. your address and four cents to cover postage. and we will send you a Complete Handy Atlas of the World'' :, :: SCOTT & BOVINE. 4o9 Pearl Street. New York
The Birmingham age-herald., 1908-11-04

lice court to punish violations of state laws, confided to that court.
 In Bell vs. state, 115 Alabama ST, Chief Justice Mcclellan said:
 ITO take away from any tribunal. even of the most inferior character. established by general laws and charged with their administration. 1u risdiction heretofore conferred to try offenses against the criminal laws of the state, and to confer it exclusively upon an officer of a municipal corpor- ation, is not to provide for the ex ercise of any function of municipal life, nor to confer any power incident to municipal government. nor to fol- low any suggestion which can be re- ferred to the expressed purpose of es- tablishing a municipal character"
 This decision has been re-affirmed and it's principles applies in the later case of Black vs. state, IA Aiaba- ma 92.
The Birmingham age-herald., 1908-11-04

Slaton's Arm Broken.-M. w. Slaton, who lives at Seventy fourth street and Berry avenue, East Lake, while cross ing from the old BrownM Marx build ing to new additions. was caught ill the elevator yesterday afternoon, suf- fering a broken arm and a badly in- jured leg.
 The wounded man was taken to St. Vincent's hospital by Green Co.,, undertakers.
The Birmingham age-herald., 1908-11-04
SCOtt'S Emulsion

 clothes the nerves and muscles with warm fat, fills the veins with rich blood. It makes children rugged and hardy and fearless of the cold. It fills the whole body with warmth and life and energy.
 Thin people sometimes gain a pound a day while taking it.
The Birmingham age-herald., 1908-11-04
Is the Opinion of TiIIman, Pearson, John, White
 and WeakIey
LEGISLATIVE ACT VERSUS
 MUNICIPAL CODE EFFECT
In Their Brief, Constitutional Law yers State That the Council May Only Elect Recorder of Con-
 current Jurisdiction.

In response to a request of Judge N B. Feagin, five prominent attorneys of Bir- mingham have prepared a brief in which they express the opinion that the council cannot elect the judge of the police force and that Judge Feagin's term of office will hold even though the council should choose to elect a successor.
 This opinion is based on the fact that previous to the adoption of the municipal code the inferior court of Birmingham was established by an act of the legisla- ture, the judge to be elected by the peo- pie.
 The attorneys. who rank among the best constitutional lawyers in the state, are John P. Tillman R. H. Pearson, Sam uel Will John, Frank S. White and Sam uel D. Weakley. It is understood that E. H. Cabaniss, Hugh Morrow, A. G. Smith and Walker Percy to whom the matter was also referred, hold identical views.
 Copies of the brief which follows were placed in the hands of M. J. Gregg of the city council and R. H. Thach, city att torney, last night:
The Birmingham age-herald., 1908-11-04
City May Elect Recorder.

But the question arises did the legis lature, by the provisions of the mu- nicipal code concerning recorders, use language indicating a purpose to de- stroy court like the police court of Birmingham and is the language em- ployed capable of having that effect in view of settled rules of statutory construction?
 By section IT it is provided that in cities having population of more than 5000 the council may Cnot must) elece a recorder. and recorder means any person authorized to hold municipal court (section 59).
 But when we come to consider the clauses conferring Jurisdiction upon the recorder it is not stated that he shall have exclusive Jurisdiction nor even that he shall determine all cases for breaches of ordinances and bylaws of the city, but that it shall be his duty ito hear and determine all cases for the breach of the ordinances and bylaws of the city that may be brought before him." the language in no wise conflicting with the idea that there may be another court of con current jurisdiction before which vio. lators of ordinances and bylaws may be carried for trial
The Birmingham age-herald., 1908-11-04
Green. Undertaking G

E. T. Shaw & Son. Undertakers.
The Birmingham age-herald., 1908-11-04
The Opinion Explained.

The reasoning by which this conclusion is reached is as follows:
 By an act, approved February Il, 1895, the police court of Birmingham, an in- ferior court, within the contemplation of Article (, Section l, of the constitution of 1875 Constitution of 1901, Section 139) was created. The act conferred upon it exclusive jurisdiction of all offenses against the bylaws and ordinances of the city of Birmingham, and also of all mis- demeanors committed in Precincts 21 and 37 in Jefferson county, except violations of the revenue laws of the state; and be- sides the power to examine parsons charged with felonies and to commit the seme to jail, admit them to bail, or dis charge them, as the law and evidence re- quired.
 The effect of the section was to take away from the criminal court of Jefferson county all jurisdiction of violations of state laws, of the grade of misdemeanors, committed in said state, except violations of the revenue laws of the state, and to that extent to make said police court the successor of the county court, which had been abolished in 1887, when it's Jurisdic- ton over misdemeanors was cast on the criminal court of said cOunty
The Birmingham age-herald., 1908-11-04
Creating the Judge.

By Section Of the act creating the po- lice court, as amended in 1903, the judge was made elective by the people of the city oi Birmingham, and was required to be chosen by the electors of said city every four years; he was required to take the same oath of office that circuit judges must take and was excluded from the privilege of practicing law; he was made subject to impeachment and removal in the same manner and for the same causes as circuit Judges; and provision was made for the payment of his salary out of the city treasury, into which all fines were payable that were collected as the result of convictions by the court. Many other provisions not necessary to be detailed, were contained in the act relating to the powers of the court and the judge, to the procedure of the court, and the means of executing its sentences and judgments
 The act was adiudged by the supreme court, in the case of ex parte mayor and aldermen of Birmingham, 116 Ala. 1S6, to be valid and constitutional; and in the case of Montgomery vs. state, 107 Ala 372, the office of judge of said court was heli to be "a civil office of profit under the state," within the meaning of Art. {, Sec F, of the constitution of 1875, which prohibited, in certain cases, the election of Il senator or representative to such of
The Birmingham age-herald., 1908-11-04

Negro Kills NegrO.-Woodlawn was the scene of a negro murder yesterday morning, one negro emptying load of buckshot into another and killing him instantly. Ed Davis was the name of the negro who did the killing while Isaiah Foreman was the one who met death.
 The killing occurred on Sixtieth street in Woodlawn and officers were on the scene within a few minutes after it happened. Davis has an alias of Bud" Davis and succeeded in mak- ing good his escape.
 McNab Dies.-As the result of in juries received in runaway accident several days ago in East Lake, w. c. McNab passed away yesterday morn ing at the Hillman hospital. His re- mains are being held at the parlors of the Mewhourne Undertaking com pany in Woodlawn and will be sent 10 Springville this morning for inter- 1nent.
 Mrs. McNab was hurt in the same accident in which MT. McNab received his injuries, the accident being caused by the mule which was hitched to the wagon in which they were riding run ming away and turning the wagon over
 Larue's Quick Capture-City De- tective Larue effected a quick arrest of a negro charged with stealing diamond brooch yesterday morning. IL was reported at police Headquarters that Milton Junior. negro in the em- ploy of M. Jaffe the jeweler had stolen bR cfn Detective Larue immediately went to work on the case.
 The detective worked the entire morning and finally succeeded in ap- pretending the negro at Owenton. He Is in the city jail on a charge of grand larceny.
 The diamond bioocL which tie ne- gro is alleged to have stolen is valued at about S15o.
The Birmingham age-herald., 1908-11-04
Concurrent Jurisdiction.

And when we come to consider the other feature of the dual jurisdic tion of the police court, it's power to punish violations of state statutes of the grade of misdemeanors there is not only no expression of a purpose to confer upon recorders an exclusive ju risdiction but a purpose to make their Jurisdiction concurrent is manifested and clearly expressed. Thus, by sec tion CT, it is enacted that the re- corder shall have original and con current Jurisdiction with the county court or court of like Jurisdiction and of all misdemeanors committed within the city or town" and it has already appeared that the police court is a court of like jurisdiction with the county court so far as respects mis- demeanors committed in precincts 2I and 37 except violations of the revenue laws. So that, even if any doubt should exist as to the continuing jur isdiction of state misdemeanors in the precincts named, and if that jurisdic- tion is preserved the court and judge remain and the latter is still elective by the people and will be entitled to his salary from the city treasury in all respects as if the municipal code had not been enacted. The municipal code repealS only laws ana parts or laws general and special, that are in conflict with 1t. When one court ex- ists under statute there is no con fict between that law and a statute creating another court of concurrent Jurisdiction since there is clear field for the operation of both statutes. Yours very truly,
 JOHN P. PULLMAN,
 R. H. PEARSON,
 SAM WILL JOHN,
 FRANK s. WHITE,
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-04-01
human STOMACH HAS
BECOME DEGENERATE
Animals Are Healthier Because of Strong
Digestive Apparatus.

the new medicine: "For over seven
years I suffered with catarrh OF the
stomach, and for the past year l was
lame with rheumatism. l attributed
this to my stomach trouble, as my cir
culation was very poor. What food Z
ate would turn to gas almost at once
I would have a sensation Of boating,
and would have to belch frequently
to relieve this. My heart also became
affected, and I would suddenly become
dizzy and have palpitations. 1 was
tired and dull and despondent at all
times. I lost a great deal ofSfesh, ana
was nervous and depressed. This went
on for over seven years, although u
spent hundreds Of dollars trying To-
get relief.
"When Cooper was in Boston 4
heard a good deal about his ideas on
stomach trouble. Next, one or two
friends told me that his medicines had
greatly helped them. I purchased
some of the New Discovery medicine.
Today I am perfectly well; ] sleep like
a boy, can eat anything and have no
rheumatism or heart trouble. I no
longer have any gas on my stomach,
and feel as I did years ago. No one
could be more astonished by these
facts than myself. They are remark
able, but true. This Is indeed a won.
derful medicine"
The Cooper preparations have been
more widely sold and discussed since
being introduced than anything OF the
kind ever before sold by druggists. We
sell them and explain their natuIa
City Drug Store.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-04-01

An interesting interview was re-
Gently obtained with l.. T. Cooper, the
young man whose theory and medi-
cines have created such a sensation
during the past year.
Mr.. Cooper, in speaking of the re-
markable success of his medicine, had
this to say on the subject: "My medi-
cine regulates the stomach. That is
why 1t Is successful. The human stom-
ach today has become degenerate, and
Is the cause for most i'll health. In
the horse, the dog, and the wild AMI
mails generally, you see no nerve ex-
haustion, no chronic debility. They
are not shut up day after day with
practically no exercise, and they are
not able to stuff themselves with food
when their bodies have not had enough
work to justify it. The human race
has been doing this for years, and
look at the result-half the people are
complaining of poor health, not real
illness-just a half-sick, tired, droopy
feeling. They don't really know what
Is the matter with them.
II know that all the trouble is
caused by weak, oVerWorked Stom
achs. I have proved this with my
medicine to many thousands of peo-
pie in most of the leading cities OF
this country. I expect to do the same
thing in Europe next year. This is
the real reason for the demand fol
my preparation"
Among those who have recently
been converted to Cooper's theory is
Mr.. Monroe Brown of s Hancocb
Street, Winchester, Mass. MI. Brown
has this to say Of his experience with
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-04-01
Never Despair.

Never despeir, when the dark cloud is
The sun, though obecured, never ceases to
shine.
Vile iaitbless and faint hearted mortals
The journey OF life has Its lights and its
And heaven in its wisdom to each sends a
Though rough be the road, yet with reason to
guide US
And courage to conquer, We'll never de-
spair!
Make labor and patience a sword and a
And win brighter laurtls with courage un.
bending,
Than ever were gained on the blood tain
ted field.
AS gay as the lark in the beam OF the morn
Ing,
When young hearts spring upward 10 do
and 10 dare.
The bright star OF promise their future
viii iight Them along, and they'll never
The OAK in the tempest grows strong by
resistance.
The arm at the anvil gains muscular power
And firm seli-reliance, that seeks no as
sistance,
Goes Onward, rejoicing, through sunshine
and shower.
For life is a struggle, to try and to provo us,
And true hearts grow stronger by labor
and care,
While Hope. like a seraph, still whispers
above MS
Look upward and onward, and never de-
spair.
Philip Fenton, in Leslie's Weekly.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-04-01
GIenn'S Locals.

Vulcanite roofing, best on the market, 1922!
square.
Poultry wire, 1-2-8-4-5 foot, also hog wire.
Pratt's poultry food. lice killer and cattle
powders.
New garden seed, onion sets, seed potatoes
All the best grades guano, acid, potash and
cotton seed meal.
New crop N. o. syrup, cans, kegs, n barrels
and barrels.
Full stock plows, gears, farm tools, nails,
axes, &c.
Collar pads, all hair. go /; good pads. Csc; ex
ira good hame strings.
Beardless spring barley and seed oats.
$50 barrels Majestic and Alpine Snow -four
THE BEST.
Heavy pant goods worth l5c, only l0c yard.
Rock salt, worm powders collie cure for
horses.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-04-01
Abbeyille-G Greenwood
MUTUAL
|ISURA CD
ASSOCIATION.
Property Insured, 81, 900
January LIST, 1908.

WRITE TO OR CALL on the undersigned
" or the Director Of your Township
for any information you may desire ABOUT
our plan OF Insurance.
We Insure your property against destruo
tion by
F!ss, TiS1s71ag Oh LIGHTNING,
and DO so cheaper than any Insurance Com
pany in existence.
Remember We are prepared TO prove 70 yen
that ours is the safest and cheapest plan II
Insurance known.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-04-01
Schedule for Due West Railroad.

Morning train leaves Due West l0:i5.
The evening train leaves Due West ~ 5:l5
The Southern from GTeenviIle and the
Southern from Columbia meet in the NOM
inr at Shoals junction, two miles below
Donalds. The Due West train will take pas
senyers from both these trains.
The Southern Trains In the evening, North
and South, meet at Hodges. II these are on
time the Due West train takes passengers
from each Of them. II they are late 1T either
waits. or runs out 10 Due West and returns
for this service.
Passengers can also 90 out from Due West
on morning or evening freight train.