davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-08-18
A "HELLo0 FAILURE.
Government Ownership of Telephone
 Unpopular tn Manitoba.

Government Ownership of Telephones
 Unpopular in Manitoba.
 So far as this province Is concerned government ownership of telephones fs not meeting with the success which was promised while the present gov ernment was canvassing the province for reelection. says a Winnipeg cor respondent
 People were told that with public ownership existing telephone charges would be cut in two and that after sev- eraI years of operation the rates would be still further reduced. They cited the Bell schedules as ridiculous and exorbi- tant and quoted the dividends being paid by the Bell concern.
 All these assertions and promises are forgotten now that he provincial gov ernment has purchased the Bell system in Manitoba, and instead of a reduction fin the rates an advance has been order cd in certain classes. The province paid S3,3o0,OOO for the Bell lines and equipment. and when the purchase price was announced Francis Dagger, a telephone expert, who is known all over the American continent, declared that at the price paid by the govern ment the system could not be run on paying basis unless the rates were ad- vanced.
 The local government then apparent ly began to realize the fact that at least a million dollars too much had been paid to the Bell people. and some competent experts alleged an excess payment of a much greater sum. To make a favorable showing an order was issued by the Commission appointed to look after the workings of the system that under no circumstances would free telephones be allowed. and the ninety instruments for which no revenue was
The Montgomery advertiser., 1908-08-18

being received under the Bell regime were taken out unless the users eareo to pay the regular rates to have them remain. This increased the earnings of the system by some t2.SOo a yea1. But this was not enough. SO an oraeE has now been issued informing all doc- tors and nurses that in future tneir yearly rate will be $50 instead or s4V' under the Bell rule. and thus another ss, 900 or s4,000 Is added to the yearly receipts of the Department of Teie- phones.
 These two items. however. amount 10 little, and now the Commission Is con sidering other ways to increase the revenues. while the general service given to subscribers Is no better than before. Tn fact. many persons assert that the Manitoba government Is not giving as good service as the Bell com pany did under the same conditions The promise of reduced rates seems as far from fulfIllment as ever, and when ever a member of the provincial De- partment of Telephones or a member of the Commission is asked when the promised reduction of rates is likely to become effective he replies with the now stereotyped phrase: T have noth- ing for publication on the matter"
The Montgomery advertiser., 1908-08-18
DISEASES THAT BENEFIT.
Leave Their Victims EnjoyinG Better Health Than They Ever
 Had,
Pearson,a Weekly.

Pearsou's Weekly.
 To be struck down by disease seems a most undesirable thing, yet there are many living today in the fullest enjoyment of very excellent health who, but for an attack of some disease would have lived a life of almost per petual misery.
 These people were. first of all vic- tins of indigestion in its worst form, and only those who have experienced it know what true indigestion is. Struck down by typhoid fever, they came through the trying ordeal cured of indigestion, for one outstanding eccentricity of typhoid is that If you pass through an attack safely 1t gives you a new stomach. In fact. after an attack Of typhoid the victim is usually left with q stomach like an infants.
 That is the grand chance offered to one who has suffered. it may be. for long years from acute indigestion; If only he takes care. after an attack of typhoid. he need never know indiges- ton again.
 Be 1t remembered that any one tfou- bled with severe indigestion is not ad- vised to go hunting around for typhoid fever. That might prove to be dis astrous course to follow.
 A chronic cold is just one of those things which we none of us want, yet even a chronic cold has It's good points. more especially if you happen to be up in years a bit--not too old, of course. People who are up in years, and who suffer from chronic bronchitis, seem to get along remarkably well. It keeps the blood In good circulation, for, of course, the victims have to cough, and that gives the heart jerk and sends the blood eoursing nicely through the veins and arteries
 If the cold be not too acute. old peo- pie derive considerable beneft. An acute attack. on the other hand. may cut of an old person in a day or two. It Is the chronic type only which yields benefit
 Smallpox is a dreaded scourge; so much so that if it be reported that a case exists in neighborhood thrill passes through the whole community.
 Yet those who suffer from smallpox, and recover usuaily live to a green old age. It seems to renew life in some mysterious way by throughly purify ing the blood.
The Montgomery advertiser., 1908-08-18


 KELLY V. L. AND N. R. K. co. Action for Damages for Personal In-
 jury .-(Decided Feb. 6, i90S.-
 45 South. 906).
 l. Negligence; pleas; sufflcie epCy .-- Pleas of oontributory negligence, whether in form or not. are insficient as answers to counts charging willful or wanton misconduct.
 2. Release; pleadlngs: Issue and proof The repilcations to the pleas of release not denying the execution of the release but setting up merely plaintiffs incapaclty at the time of the execution, Is not governed by Section 1909, Code 1898.
 \, 3. Contracts; ayoidance; incapacity of party .--If one desires to avoid a contract executed while incapacitated by drunkenness or otherwise. he must act promptly and unreservedly and re- turn whatever has been received un- der 1t.
 (. Release; personal injury; avoid ance; tender of repayment, t,--Although 1t was unnecessary that repayment be made before suit was brought, if tho party executing the release did not know of the release until the plea was filed, yet his replication setting up his incapacity to execute the release at the time of its execution should have ofered to put the defendant in statu quo.
 s. Same; time for pleading Where the plea of release in the first trial informed plaintiff of It's existence and execution. which he attempted to avoid by replying intoxicatlon at the time of its execution he could not wait three years after such knowledge and then attempt to avoid the release and rescind the contract by offering to re- pay the money when the cause came up for trial a second time.
 Appeal from Jefferson Circuit Court.
 Heard before Hon. A. o. Lane.
 Reversed and remanded Opinion by Anderson, J.
 Tyson, c. J.. Dowdell and Mcclellan. JJ., concur.
The Montgomery advertiser., 1908-08-18
HODGE V. THE STATE.

HODGE v. THE STATE. I.arceny-(Decided February 13, 1s0s--
 45 South. 900.
 1. Criminal law; offense: evidence; fury question--An indictment was pre- ferred at the August term of court and the first witness introduced fixed the time of the commission of the of fense as January or February preced- ing. certainly after Christmas: another witness fixed the time as not longer than six months before going before the grand jury. and another as some time in october before the spring term of the court at which the indictment was preferred. and the same. witness
The Montgomery advertiser., 1908-08-18

subsequently, fixed the time as that when he heard the property was stolen. Held. not objectionable as fixing an of fense different from that charged in the indictment, but left the matter open for determination of the jury as to when the offense was committed.
 2. Evidence; hearsay--A statement of a witness that he saw accused with the property stolen at the time when he heard that the owner had lost the property was not objectionable as hear say evidence
 Appeal from Jackson Circuit Court
 Heard before Hon. w w Haralson.
 Affirmed. Opinion by Anderson. T JJ., concur.
The Montgomery advertiser., 1908-08-18
FOR RENT-sTOREs.

s------s--s~e--@----
 corner Of Bibb and coosa Streets. Apply so M. sabel q Sons. 102 Bibb St.. Montsomery. Ala --1s-U
The Montgomery advertiser., 1908-08-18
WANTED-sALRsMEN

WANTED First-olass saIesmen. Hx- perience not required. Good pay. No s.
 VandiVer7 building. -s-tf WANTED sALEsMAN-Hustlers make ex- oeptionally good money, One agent made $500 in ons month. You have the same chance. Conklin & Upp Real Estate. 20 l-a Commerce Street. Montgomery. -6-7t
The Montgomery advertiser., 1908-08-18
sWINT V. THE STATE. Assault With Intent to Ravish. Fe- male. .--(Decided Feb. 13, l90S.-

assault "itH AAEcHl IO tc-
 male. -(Decided Feb. 13, 1908.
 45 So. Rep, 90f.)
 1. Witnesses: impeachment char acter A witnesses testimony may not be impeached by proof of bad character for chastity; 1t is the gen eral character of witness that i'm peaches. and not single character istic, such as character for chastity being bad.
 2. Criminal law; instructions: undue prominence; misleading and argumen- tative-charges asserting that the bad character for chastity, and the fact of the witness's pregnancy prior to the assault may be considered. together with the evidence. in determining the guilt of the accused, and in determin- ing whether defendant forcibly ravish- ed her. are properly refused. because they single out and make prominent a single phase of the testimony. and are misleading and argumentative.
 Appeal from Lee Law and Equity Court. "
 Heard before Hon. Albert E. Bar nett.
 Affirmed. Opinion by Haralson. J.
 Tyson. c. J.. and Simpson and An derson. u, concur.
The Montgomery advertiser., 1908-08-18
FIREMAN CENTRAL OF GA. RY

Damages for Injury-(Decided Febru-
 ary 1S, 1s0s-45 South. SsS.)
 1. Appeal: review; harmless error: everything demurrers - Where there was no evidence to sustain count in the complaint, to which the plea of the statute of limitations is interpos sl. It was harmless error to overrule demur- Ter to the plea, althought the plea was bad in form.
 2. Limitation of action; computation of period; ameadment-Where com plaint sets up simple negligence or the wllfuI. wanton or reckless conduct of the defendant, an amendment thereto charging that the 'lanages were caused by the wilfuL woaton or reckless con- duct of defendant's AelvaLts or agents. such amendment sets up a new ground of liability, and ig subject to the plea of the statute of limitations, and in de termining whether or not 1t Is barred the time must Le calcui0ted from the infliction of the wrong to the date of the filing of the amendment
 Appeal from J sff srson Circuit Court.
 Heard before Hon. 4. A. Coleman.
 Affirmed. Opinion ny Simpson. J.
 Dowdell, Anderson and Mcclellan, U concur.
 Tyson. c. J.. HAra.son and DeDssr, J. J.. dissent.
The Montgomery advertiser., 1908-08-18
GoRpY V. THE STATE. CrirnA -( (Dacinah Eah IA 1anR =

Crime .-(Decided Feb. 13, 1908 .--45
 South, 90l.)
 1. Courts; terms; judgment "A judgment rendered at a term of the court not authorized by law is void, for want of Jurisdiction.
 9. Criminal law; appeal; judgmen to support "A void judgment will not support an appeal.
 Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Appeal dismissed. Opinion by Dem son. J.
 Tyson. c. J., Anderson and McClel- land, JJ., concur.
The Montgomery advertiser., 1908-08-18
FOR RENT--RRsIDENCEa.

FOR RENT-Desirabls home DsIlinger Heights; new bath and sanitary. newly pa- pAred; asphalt paved street will soon be completed; seven rooms. large lot; esb per month. 2s vandiver Building, Phone iAve.
 IA
The Montgomery advertiser., 1908-08-18
wANTED-FEMALE HELP.

WANTED-White girls to do general houBs.
 work in private homes; fair wages. moder- ate work. good treatment and good oDpor- tunitios. Those who wish . situation and live oug of town may wt7te The Salvation Army. Montgomery Ala OtherwiSa may
The Montgomery advertiser., 1908-08-18
FOR RENT-RocMR.

sAYRE APARTMENTS. &e1 So. Court sI { nished sitting room. and bedroom with private bath, everything furnished but light J. H. Clancy. 'Phone e2 or llso.
The Montgomery advertiser., 1908-08-18
FURNTTURE.

--------@~-------~-->- ---~----s------s JUST Received Q nice new line of
 Squares and Rugs of all kinda cash credit. ss commsree St. Gay a aightl
The Montgomery advertiser., 1908-08-18
WANTRp.

wANTED-PartieS with from t1.oo0.oo to S5 000. co. guaranteed investment. 25 per cent profit will stand the elosSst tnvesti-
 gatlon. Address Investment. Care Adver- tiser. ~-i-t
The Montgomery advertiser., 1908-08-18
WANTED-MALE HELP.


 THREE Demonstrators wanted. confusion or salary. Call at Capitola Hotel. L. Long. WANTED-Bright young man. IS to 20 years of age, for office work. One with knowledge of typewriting preferred. Address own handwriting. Box 512. -3
The Montgomery advertiser., 1908-08-18
WANTED-To BUY.

WANTED-Faruns for cash eustomers ".
 F. Burke, Clifton Springs. N. '. -S-St
The Montgomery advertiser., 1908-08-18
INTERPRETATION.

 WANTED-By a young man position with wholesale grocery house Have several years experience in warehouse and on the road. Address Hustler. care of Advertiser.
 ~-E WANTED-By Al bookkeeper and office man position bookkeeper or would act as salesman and bookkeeper. several yeara experience in wholesale and retail business best references. Address E. C., care of Ad~ vertiser, -a WANTED-Position as housekeeper and companion. Miss M. Dunn. Forest Home Ala. -s 
 WANTED-Posltion in public school by acate. Is sxperienced and can furnish best reference. Address P. O, Box i27, Fauns- dale Ala -6-7t
The Montgomery advertiser., 1908-08-18
PLUMBING.

ALI, KINDS of plumbing work dons
 promptly. Repairs my speciality. Satislae-l lion guaranteed.. Estimates cheerfully fur-i nIshed P. J. Bressingham. 21s Dexter Ave
The Montgomery advertiser., 1908-08-18

Bill to Abate Nuisance. a Bawdy
 House. --(Decided Feb. 6, 190s,--
 45 St. Rep. s051.
 1. Nuisance; nature of injury; dis orderly house. "A bawdy house Is, per SC, Q nuisance.
 2. Same; abatement: Jurisdiction - Equity has Jurisdiction to abate pri- vate nuisance.
 8. Same; pleading Where the bill to abate a private nuisance ayers spe- cial damages to complainant and com plainant's property, distinct from that suffered by the public, the bill ts maintainable; and 1t is immaterial whether the alleged nuisance, under the facts stated, constitute a public or a private nuisance.
 (. Same; relief awarded Where the courts of equity acquire jurisdic- tion for the purpose of abating prt- vate nuisance, 1t will, on the proper averments, extend its Jurisdiction, and award such damages as are suffered by reason of the nuisancee.
 5. Equity; pleading; grounds of de- murrer; special demurrer. Where demurrer is addressed to certain paragraph of bill. seeking to test the right to certain relief, and no such relief is sought by that paragraph, the demurrer is properly overruled.
 6. Costs; attorneys fees; nuisance; abatement Attorney fees for the filing of 8 bill to abate nuisance is not allowable to complainant as a part of the damages.
 2. Equity; pleading; footnote to bill. A footnote to bill requiring de- fendant to answer each and every al- legation of the foregoing bill of com plaint, but answer under oath Is here by expressly waived. is a proper foot note.
 Appeal from Jefferson Chancery Court.
 Heard before Hon. Alfred H. Ren- ners.
 Affirmed. Opinion by Dowdell, J.
 Tyson, c. J., and Anderson and Me- Clellail, JJ.. concur.
The Montgomery advertiser., 1908-08-18
Placksmith and Oarriago shor

S--~~~---~-a------- SCIENTIFIC Horseshoeing, builders GS n pairers of bugBies, wagons and drays3 t2 Der tires put on. T. R. Carter 2l3 N. fsrH St --
The Montgomery advertiser., 1908-08-18
FURNITURE.
CONTRACTING BUILDERS

Wu INVITE specifications on all kinds of ractinK and building. Work guarantasd Vi E solea 6 Co. offfee phone III, rest aence i73i, 10 South Perry St.
The Montgomery advertiser., 1908-08-18
WOODENWARR.

CLEAN store breed businsss-Usa Parolln he best sweeping compound and your store will be free from dirt. Montgomery Wood anwara co-. sole dtstribafsrg, If
The Montgomery advertiser., 1908-08-18
ENGRAVING.

WANTED-You to uluatFate your ads. with our cuts: ehey add 26 per oont to the of any ad; talk lt over with
 The Advertiser Engraving Company. Phone
The Montgomery advertiser., 1908-08-18
ROR BALE

FOR sALE-25o shares Huntsville Gas and oil Co. stock for S32 50. Address II. 4. L., care Advertiser. -1O-st
The Montgomery advertiser., 1908-08-18
REAL ESTATE

IHNTs 0ALLAGHDR.-RsfsFsn FIrsS
 Hational and Fourth National Ranks q hGonteomerys -G
The Montgomery advertiser., 1908-08-18

DAVIS & COMPANY V. THOMAS. Detinue.-(Deeided February IS, 1908,
 45 South. S97.)
 1. Statutes; construction; legisla- tive intent.--In construing a statute the courts cannot be governed uni- formiy by the literal expression of the statute. but must look to the legisla- 2. chattel mortgages; recording;
The Montgomery advertiser., 1908-08-18
Fruit Trees, Vines and Roses.

FOR BUDDED and graftsd Peeans and trees of all kinds. vines. and roses. address O. R. Long. Nurseryman. Andalusia. Ala.
 If
The Montgomery advertiser., 1908-08-18
FLAMING MILL

WM ARE prepared to do all kinds of car- penter and mill work Estimates furnished
 Door and windows screens a speciality. J C Lewis. Phone No. 2. -stf
The Montgomery advertiser., 1908-08-18
Head Notes of the Decisions
 Of the ALnbnn1a Supreme Court

place; statutory provision.--Under Sec ton 999. Code 1896 the recording of a chattel mortgage in the county of the residence of the mortgagor Is sufficient although the mortgage was executed in another county on property temporari- ly within the county at the time, but which was ordinarily and usually kept In the county of the residence of the mortgagor.
 2. Appeal; record. suficiency.- Where the record fails to disclose matter complained of as error such err TOT cannot be considered on appeal.
 Appeal from Dale Circuit Court.
 Heard before Hon A. A. Evans.
 Reversed and remanded. Opinion by Denson, J.
 Tyson. c. J.. and Haralson, Anderson and Mcclellan. JJ.. concur.
 RAYMOND V. THE nTATE. Larceny--(Decided Febrlary 6. 1sos--
 45 South. 395.)
 1. Evidence; admiss!oa by accused; silence of accused-Unless the state. ment was of such chare ;ter as to call for q reply and made under circrln- stances giving the accused q right to deny the charge made. accuscdr silence is not evidence against him as an ad- mission of the 1T lth of the statement made in his pr ss-acc
 2. Same--The mere tact tha. atr rused Is under arrest at the time he tailed to deny the truth Of an discriminating statement made 3y one U nirl does not render the impii;at.on of guilt nFitIng from his silence inadmissihle IT evid- ence. since the mere fact that a de- fendant Is under arrest when he makes a confession does not render such eon- fession inadmissible, and since silence Is in the nature of an admission.
 3. Same--It was competent to permit witness to state. in response to a question as to what prosecutrix said in the presence of the accused. that she stated that accused was the man and that the property found was hers, as such a statement involves such an ac- eusatton as will call for denial.
 {. Same; appeal; objections and tx- captions in the trial court-In order to get the beneft of the ruling of the lower court and to put the court In er- TOT one must show the matters and er- TOTS complained of in his bill of excep~ ton, as this court does not presume er- TOT; and hence. where a witness in q criminal prosecution was permitted to state that the prosecutrix In the pres ence of the accused made charge against accused, a general objection to the question and a motion to strike the answer are not sufficient to pres sent for decision the question whether or not the answer was not followed Ly proof that accused is silent under the charge. Mcclellan, J., dissenttng.)
 Appeal from Jefferson Criminal Court.
 Heard before Hon. D. 4. Greene.
 Affirmed. Opinion by Tyson, c. J.
 Haralson, Dowdell, Anderson and Denson. J. J., concur.
 Mcclellan, J., dissents.
The Montgomery advertiser., 1908-08-18
CAFE.
TYPEWRITERs.

WE ARE STILL serving those delicious umeadeg pure coca cola in fact. we mIK
 the drinks to hit the spot" L. D. Hais A Go --te
The Montgomery advertiser., 1908-08-18

FOR sALE-Two horse power Witte Gas oline Engine. perfect condition. $50. Phone 1884, or address J. D.. care Advertiser.
The Jasper news., 1908-02-04

and made me feel like new person,
and it shall always have my praise"
Mrs. W. p. VALENTINE, 902 Lincoln
Avenue, Camden, N. J.
Gardiner, Me. Ct was a great suf-
ferer from female disease. The doc
tor said I would have to go to the
hospital for an operation, but Lydia E.
Pinkham's Vegetable Compound COM
pletely cured me in three months."-
MRS. s. A. WILLIAMS, r. I. d. No. Ii,
Box 80, Gardiner Me.
Because your case is difficult one,
doctors having done you no good,
do not continue to suffer without
giving Lydia E. Pinkham's Vegetable
Compound trial. 1t surely has cured
many cases of female ills, such as in-
flammation, liberation, displacements,
fibroid tumors, irregularities, periodic
pains, backache, that bearing-down
feeling, indigestion, dizziness, and ner-
vous prostration. 1t costs but trifle
to try it, and the result is worth mil
lions to many suffering women.
The Jasper news., 1908-02-04
WINS MICHEL|N CUP.
WILBUR WRIGHT GETS FIRST
FLYING MACHINE TROPHY.
Fine Piece Of Sculpture Called "Trl.
umph of Aviation" Presented by
Aero Club of France to Amer
lean "Bird Man."

New York.-Wilbur Wright, the
American aeroplanlst. has been pre-
scented with the Michelin cup by the
Aero club Of France for making the
longest aeroplane flight during the
year 1908. The trophy is a handsome
piece of sculpture and is called the.
Triumph of Aviation"
The particular flight for which was
Wilbur Wright was awarded the tro-
ply was made on September "a at LIE
Mans, France. In this flight Wright
whom the French greeted as yam
kee buffer" but whom they delight to
honor now, sailed his aeroplane against
an 1S-mile wind. That was the strong
est wind he had faced. But he re-
manned up for fraction more than 55
minutes and covered, by official meas
urement, SO kilometers (nearly 20
miles,. This is about half a kilometer
more than Mr.. Wright had made a
few days before in competition for the
Michelin trophy. On September "a he
made really about 35 miles, for the
strong wind forced him to make wide
turns with his aeroplane.
Briefly Wilbur Wright has achieved
these triumphs toward accomplishing
the conquest of the air.
He has made the longest fight with
machine heavier than air.
He has made the highest fight.
The only flight in which the aero
plane carried two men besides the
operator.
The only flight in which woman
was a passenger-but this is not truly
important nor practical.
His aeroplane has arisen solely by
the aid of his own motor; without be-
ing given an initial impetus by mans
finger to it.
He has earned 100000, the price for
the patent in France of his invention,
paid by Lazare WELLER, a French
inancier and promoter and patron Of
| aviation.
Up to this time he has taken all the
prizes for which he has competed in
France, including the Aero clubs gold
medal and it's prize of $1,000 for the
ongest flight over an Enclosed ground.
| On his return to this country, VIII