davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-03-19
Military Stnffs Rearranged
 According to Departments

oeicer. with rank of Colonel. who shall be acting chief of this Department: Col R. A. Mitchell Alabama City. Ord nance Oflicer, with rank of Colonel. de- tailed as Inspector of Small Arms Prac- tee; Lieutenant- Colonel Floyd B. Powell. Tuskegee. Ordnance oficer. fssesn tsr sSa aaiy Arms 4ss.stss: Major Lucien C. Brown, B;r- mingham. Ordnance ofiicer. detailed for duty as Inspector of Small Arms Prac- tice with First Brigade: Capt. Julius A. Smith. Mobile. Ordnance Officer. detailed for duty as Inspector of Small Arms Practice with ist regiment infantry; Capt. W. A. Collier. Tuscaloosa, ord nance oficer. detailed for duty as In- spector of Small Arms Practice with End regiment infantry.
 Judge Advocate, General's Department.
 Col. W. C. Crumpton. Evergreen. Judge Advocate with rank of Colonel, who shall be chief of this department: Lieutenant Colonel J. B. Brown. Cull- man. Judge Advicate. with rank of Lieutenant- Colonel.
 subsistenee Department.
 Col. Thomas F. Knight Greensboro. Assistant Commissary General. with rank of Colonel, who shall be chief or this department; Lieut.-Coi. p. E. lSaSIl0. 1uBAEkGSs AVR1tJ General. with rank of Lieutenant Col onei: Major A. C. Sexton. Montgomery. Commissary General. with rank of Ma jor. detailed for duty with the First Brigade.
 Pay Department.
 Colonel L. Y. Dean. Eufaula. Assist ant Paymaster General. with rank of Colonel.
 Medical Department.
 Colonel Wyatt Henin. Birmingham. Assistant Surgeon General. with rank of Colonel. who shall be chief of this Department; Major J. P. Dedman, Bir- minghan. Surgeon. with rank of Ma jor. detailed for duty with First Bri- gade: Major W. Oates, Mobile, Surgeon. with rank of Major. detailed for duty with 1st Regiment Infantry; Captain II. ". Coleman. Ft Deposit, Assistant Surgeon, with rank of Captain, dstail- ed for duty with the 1st Regiment In- fantry.
 Major M. B. Kirkpatrick. Montgom- cry. Surgeon, with rauk of Major, de- tailed for duty with End Regiment ln- fantry; Captain B. S. Chapman and Captain H. T. Lay. Assistant Surgeons. with rank of Captain. detailed for duty with the End Regiment Infantry. Cap tain Mortimer H. Jordan, Birmingham. Assistant Surgeon, with rank of Cap tain, detailed for duty with First Bat ta1ion of Artillery.
 second--The appointments of battal- ion offcers are hereby confirmed and approved. as far as made. The others will be considered as they are submit ted.
 Thfrd-The various officers herein named will report to the different commanding oficers and heads of de- partments for duty.
 By command of the Governor.
 Blob Graves, Brigadier General. A. N. O.. The Adju-
 tant General.
The Montgomery advertiser., 1908-03-19
Head Notes Of the Decisions
 of the Alabama Supreme Court

BIRMINGHAM RAILwAr. LIGHT AND

RAILWAY, LIGHT AND
 POWER COMPANY v. JONES. Tnfurv to P6rson on Track -~-( Decided Y Dec. ig. fsO7.--i6 So. Rep. IT'D
 i. Street railroads; duty to tres. Yaesers lookout: fafants-~-The general rule that a railroad owes no duty to d traspasser to keep lookout for him, and which applies equally to in- fants with adults, except where infants are enticed on the track, applies to street cars operating along city streets, unless the road bed is 60 placed in the street as to become part and parcel of the street.
 9. Same; railroads; not flush with surface or street: right Of public to use of roadbed--Where a railway is built in a street in such a way as to become part of 1t. that is, when the ties are embedded below the surface and the rails are flush with the sur face. 1t becomes a part of the street. and the public have the same right to use it as any other part of the street, but must observe care in look ing out for approaching cars. with the consequent duty upon the part of the servants of the railroad to keep a lookout for persons or vehicles; but where the ties are laid above the surface of the street and the rails plac- ed thereon, thus raising them aoove the surface. such roadbed does not constitute part of the street, and the public have no more right to the use of 1t than if 1t was not a street or road at all. and no duty rests on the operatives to keep a lookout for persons on 1t.
 .. Railroads; injuries to persons on track trespasser-A person may for the purpose of crossing a railroad. do so without becoming a trespasser. but if he fingers on 1t or walks along it at e place where he is not entitled
The Montgomery advertiser., 1908-03-19

to so he becomes a trespasser to whom the company owes no duty to keep lookout. s-a1 .i1T T7G7E
 {. Street railroads; operation; duty to keep lockout for pereof1R rtshffuffv on track-ft is the duty of a motor- man running q street car in the street of . popuious town or city, under the common law, to keep a lookout for persons rightfuily on the track and liable to be run over by cars.
 5. Same actionable injuries; action able negiigenee-Actionab negligence Is failure to discharge q legal duty to the person injured and although street car company may owe the duty to keep lookout for persons on the track rightfully. 1t owes no such duty to a trespasser and hence the failure to keep lookout Is not action able.
 6. Same; trespasser.--A child six teen months old sitting or IyInE on the end of one of the ties of defen- dant's railroad is trespasser. although the road bed is in the street, if the ties are laid on the surface of the street and the rails attached therof, thus rafsing the track above the sur face.
 lookout; instruction. charge as- serting that if. defendant's motorman was not keep ing proper and diligent lookout, and the accident occurred within the lfTn- it's of an incorporated city. the motor man would be guilty of negligence, is error in an action against the street railroad company for an injury to q trespasser. notwith standing the rule that if from the locality of cir- cumstances known to the company there is reason to apprehend that the track may not be clear from human beings, then 1t is the duty of the em-
The Montgomery advertiser., 1908-03-19
STEAMERS IN COLLISION.
Hole Torn ip German Vessel While Ly-
 ing at Anchor.

Hole Torn in German Vessel Whlle Ly-
 ing at Anchor.
 New York, March 19.--Whtie the great transatlantic liner KronpFinz Wilhelm. of the North German Lloyd Line lay at anchor in a thick fog of Staten Island today, the steamer Grown of Castile ran into the liner and tore a hole more than ten feet in diameter in the overhanging stern. The bow of the Grown of Castile penetrated the stewards quarters on the Kronprinz wilhelm to a distance of about fifteen feet but nobody was. injured.
 watertight doors on the hull of the Kronprinz were promptly closed but tt was quickly ascertained that she had suffered no damage below the water line and afterpa walt of several hours for the fog to tighten. she proceeded to her dock in Hoboken.
 The Kronprinz Wilhelm arrived from Bremen at a. m. today. carrying 3s3 passengers.
 The steamer had been at anchor only on the after bridge telephoned to the i've minutes when the quartermaster captain that a steamer was coming up astern headed directly for the Kron- bring. Captain Nierich promtly or. dered the engine started ahead and the water-tight doors in the steamers conn nartments closed. There were forty eight of these doors and they were closed in just fifteen seconds. The big steamer was just gaining headway when the Crown of Castle struck her fairly In the stern. penetrating the oyerhanging stern and tearing tri- angular hole fifteen feet wide and ten feet long through the steel plates. The shock of the blow was only slightly felt on board the big liner and the two vessels quickly separated.
 At the North German Lloyd dock 1t was stated that the damage to the Kronprinz would not delay her sailing. hound in from Rotterdam, belongs to the New York and Continental Line. No one was injured
The Montgomery advertiser., 1908-03-19

A general order issued by Adtutant- General Blob Graves rearrsness the va rious military staffs of the Alabanna Na- tional Guard to make them conform with the provisions of the Dick Miii. tary Act The order lis of the utmost importance to all the military officers of the State.
 The amendments to the original Dick Act have inaugurated some vitaI changes in the arrangements of the diff ferent stAffs of the Alabama Guard. These radical changes are indicated m the order which .s printed In full pc. low. The old division of the staffs, ac- cording to commands have in q measure been obliterated. The new idea is to have the staffs named ac- cording to departments. and these de- partmental changes are instituted in the new order just issued from the of. nce of the Adjutant-GeneraL
 The order in full. follows:
 General Orders No. &
 I. Under and in compliance with General order No. 1, A. O. O.. January l, 1908. the following appointments and assignments are hereby announced and confirmed by the Governor and Com mander-in- Chief:
 Adjutant Generals Department.
 Brigadier General Bibb Graves. Mont gomery. The Adjutant General and Chief of Stan. with rank of Brigadier General, who shall be chief of this de- Alabama organized militia: Col. w.. Lswellen Pitts. Uniontown. Adjutant General with rank of Colonel: Col. j.. M. Dannelly. Montgomery Adjutant General with rank of Colonel: Major D. w. McIver. Montgomery. Adjutant General, with rank of Major. detailed for duty in the Adjutant Generals of hce: Major Charles A. Jones, Birming- ham, Adjutant General. with rank of Major. detailed for duty with the First Brigade.
 Inspector GenernI,s Department. Brigadier General Robert F. Ligon, Montgomery. The Inspector General. with rank of Brigadier General. who shall be chief of this Department; Col. E. H. Graves, Eufaula. Inspector Gem eral, with rank of Colonel; Col. Thoni- as E. Kilby. Anniston. Inspector Gen. erai., with rank of Colonel.
 Quartermaster's Department
 Brigadier General Barrie L. Holt. with rank of Brigadier General. who shall be chief of this Department; Col. winston Garth, Huntsville, Assistant Quarfernaster General. with rank Of Colonel; Col. M. V. Joseph Birming- ham, Assistant Quartermaster General, with rank of Colonel; Major D. M. Scott, Selma. Quartermaster. with rank of Major. detailed for duty with First Brigade.
 Engineer Corps.
 Col w. H. Kettss, Birmingham, En- aineer oflcer. with rank of Colonel. who shall be acting chief of this de- partrnent: c. Smith Robbins, Selma. En- eineer Oficer. with rank of Colonel; Lieutenant Colonel Charles H. Pulley, Greenbrier, Engineer Officer. with rank of Lieutenant Colonel.
 Ordinance Department.
 Col. Frank Inge. Mobile, ordnance
The Montgomery advertiser., 1908-03-19

are fifty of the cases of the plague in the Lazaretto, besides several cases of smallpox and yellow fever.
 Doctors Perry and Lloyd are at pres- eft in Quito. conferring with the gov ernment regarding sanitary measures to be adopted;at 0uayaquil and neigh boring towns.
 Many insaluhrious buildings here. including the town hall, which is more than 200 years old. are soon to be de- stroyed by fre.
The Montgomery advertiser., 1908-03-19
MIR. MARIAN TRANsFERRED.
niruinwham Weather Man Goes
 Evansville Ind.

niruuinwham Weather Man Goes to
 Evansville Ind.
 Birmingham, March l''--sspeci~i. tss sN p. F. Marean, assistant WsatheL aeryer in Birmingham. has been order ed to Evansville, Ind. and will leave at once for his new post of duty.
 MT. Marean has been in Birminghem ea~ nine months, coming here from Washington. and has been under w. F.. Lehman, the observer here, for several years. =. A. Because of the low condition Of the appropriation another assistant VII VII S.rdIy hA sent here until July. This ynssns that such officials remaining hsra will have some hard work for three months at least.
The Montgomery advertiser., 1908-03-19
WOOD SUPPLY CO. V
 CoCCIoLA. Et Alf

WOOD -DICKERSoN SUPPLY CO, v.
 CoCCIoLA. Et Alf BiIl to Enfore Material Mans Lien s (Decided December 1s. ls07---45 So. F. Rep. 192 )
 1. Limitation of action: failure Of former action. extension Of time The provisions of Section 2sos. Code ls9e, have no application to suits In chancerys but apply alone to acticns at law.
 a. Statutes; instructions: re-enact- ment--where a statute has received q judicial construction and has been re- adopted or re-enacted by Code or other wise. the Legislature is presumed to have known of the judicial construc- tion given 1t. and it's substantial re- enactment is an adoption by the Leg iislature of this construction.
 Appeal from Birmingham City Court
 Heard before Hon. Charles A. Senn.
 Affirmed. opinion by Anderson, ].
 Tyson c. J.. Denson and Mcclellan. ILL concur.
The Montgomery advertiser., 1908-03-19
LABOR REVIEW PUBLISHING CO. ,,
 GALLIHER.

LABOR REVIEW PUBLISHING O., V.
 GAL,LIHER- Libel--(Decided December ls. iso7--4b
 So. Rep. isS.)
 does--where plaintiff In a libel suit by innuendo ascrfbed to a publication a certain meaning, he is bound there by. and unless its correctness is found as laid, his action falls.
 2 Same; construction of language, In construing libeious publications the whole must be considered and that construction must be given 1t which will accord to the words used their plain and popular sense--such meaning as is most natural and obvious, and in which the public understands them.
 3. Same unfair iist:---A notice in the newspaper devoted to the interest of organised labor that plaintiff. a con- tractor. had been placed on the unfair list by a certain labor union. and that the paper had instructions to publish the list until the parties named thers- in had decided to square themselves with organized labor. did not by the use of the term. unfair list" when taken in connection with other parts of the publication and when viewed with reference to its use by a labor organization tnnpute to plaintiff dishon- esty, faithlessness to contract and unfe. liability nor that he was undeservine of the confidence of the public but meant that he was in the list of per. sons unfriendly to or rebellious against the rules and authority of organized labor.
 Appeal from Anniston City Court
 Heard before Hon. Thonaas W. Cole man Jr.
 Reversed and rsmanded. Opinion by Mcclellan J.
 Tyson c. J. Dowdsii and Anderson JJ., concur.
The Montgomery advertiser., 1908-03-19

Major Bedding, the highest authority in the world on cotton growing, voueh- es for the eighteen bales on six acres with DayhPeak FeRtiIixers. Right prices. Marks q Gayle. tG.
The Montgomery advertiser., 1908-03-19
BuBONTC PLAGUE IN ECUADOR.

Sanitary Condition of Towns Causes
 Alarm.
 7uayaauiI. Ecuador, March ls--The b,lbonio plague here is increasing end ths sanitary conaltiou of this and oilsy ar towne ls eausinH great AlaFn. IAaFe
The Montgomery advertiser., 1908-03-19
ENGLISH BATTLEsHTPs.
Lord Tveednsouth Defenda Policy oR

LOFu ENSee0naOufh Defends Policy of
 the Government.
 London. March is.--SpealSing fin the House of Lords this evening Lord Tweedmouth. first lord of the admiral ty, defended the policy of the govern uient fin refraining temporarily from laying down a large number of bat tIeships and said that the construction of battleships just now partook large ly of the nature of an experiment..
 Great BritRin's three vessels of the Temeraire type. he declared, were in- finitely superior to the Dreadnaugft type and the three vessels of the St. Vincent type would be an improvement on the Temeraire type.
 In the spring of 1911 Great Britain would have three squadFons of four ships each of the St. Vincent type. No power in the world would be able to assemble such fleet of first class battleships. Lord Tweedmouth declared, and he could almost say that a com bination of all the powers of the world would not be able to put an equal squadron on the sea.
The Montgomery advertiser., 1908-03-19
LOST.

sa5 REWARD for the rcco~sr~ .s ss,s-xs q. iost nt oy MT. John Bruce of Sanford: e1s yoe oiii. two twantiss two tens. ona e< recover this by tracing a $50 Dill ts LosT-A pair of golA framed. rfusirem Return to 30s Clayton and get reward -..9s LosT-Wednssday afternoon sa Nachgaass q. Meertiefe, Racket Store or Dexter aven,sN
 round gold bracelet ana stick pin Refs,rn sls So. Perry street or phone issss Re-
The Montgomery advertiser., 1908-03-19
WOODENWARE.

FOR ThoFouRh broom eatisfaction ask your 9ToeaF for eur Yellow Label Ereens. PFies fwenty-five to fifty cents. Five gradea.
 MontEomery Woodsnwars Go. Corner Court and SsfisEsDn etA ~-Ef
The Montgomery advertiser., 1908-03-19
Wnrnhinn for Rnsaia.

St. Petersburg, March 1s.-The com mission on national defence today adopted a report rejecting the bat tleships credits for 1884 and accepting the credits for the completion of the battelships. torpedo boat destroyers and submarines now in course of con- struetion. The vote was nineteen to fourteen.
 The report says that an active fleet Is a necessary of state, but it should be built only after the re-organiza- ton of the ministry of marine.
 It is likely that the report will be accepted by the Douma inasmuch as the liberal parties, which are repre- scented on the committee. are unani- mously opposed to the ministerial pro- gram.
The Montgomery advertiser., 1908-03-19

pIoyss in charge of ears to keep .
 2. Same: action for injuries: jury question.--It Is a question for the jury to determine. in an action against the street railroad company for injury to . trespasser. whether the locality and the surrounding circumstances were such as to make 1t the duty of those in charge of the car to keep a lookout for persons on the track. x 9. Negligence: contriburory negli- gence: infants.--A child sixteen months old cannot be guilty of contributory negligence.
 TO- Street railroads: injury to per- sons on track; avoidable intury.--Irre- spective of whether 1t was the duty of the motorman to keep a sharp look out for persons on the track. if . motorman discovers the person of . trespasser on the track in time to avoid injury the master is liable for his failure to use the means and appli- ances at his command to prevent the injury.
 Il. Same: instructions sapplicsbifity to evidence.-Where the question of duty to keep . lookout Is for the jury an instruction predicted upon fleets making 1t the motorman's duty to keep look out for persons on the track is proper. although, in the absence of testimony showing such a state of facts. the instruction might not be proper.
 IA Same; actions for injuries; jury auestion.---Whether the motorman dis covered the plaintiff in time to prevent the accident and whether he promptly used the means at his command to prevent 1t Is. under the evidence in this case. question for the jury.
 Appeal from Birmingham City Court.
 Heard before Hon. c. W. Ferguson.
 Reversed and remanded. opinion by Denson, J.
 Tyson. c. J.. Dowdell and simpson. U. concur.
The Montgomery advertiser., 1908-03-19
ELECTRIC LAMPS.

ELECTRIC LAMPS made out Of year ala kerosene one. Fixturea and all Kinds af brass goods refnishsd West Hlectrto C Agg Co Phone ea6
The Montgomery advertiser., 1908-03-19
ENGRAVING.

wANTEp-You to illustrate your ada with our cuts; they add 3S per cent. eo the attFaStivensss Of any ad: talk if over with
 S6T. ~-tf
The Montgomery advertiser., 1908-03-19
REAL ESTATE

S1Nrs dAIIxoHER-RsfsF TsFSs
 National and yOaFth Hssienaa Banks eg Asont9o@eggs --eS
The Montgomery advertiser., 1908-03-19
FOUND.

ToUND-wSits TiAnnsI skirts French DTy Cleaned and Pressed 7so: ell skirta plain or plsated T6o. We baists our. pleateS for customers Gents suits cleaned and prsss- Cleaning q Dye WorkA over Mays Bak-
 cry Phone IeOB --le-tf
The Montgomery advertiser., 1908-03-19
PERa0NAL.

pREssMAKINd-HaNs your spring dresses made at Mrs. GFoasman'4 style, tit. work and finish guaranteed. Mrs. Nj.
 --is.su-tu-thu
The Montgomery advertiser., 1908-03-19
HOT DRIlTKa.

FOR A dsIicions' rSfTe@6In- 1-srIs =. Chsnpagne or Grape Phosnhate sf fzn3s 6 Co.'S. They SO right 10 that thirsty spot
 Pure Cococoia our speciality. --tf
The Montgomery advertiser., 1908-03-19
MISCELLANEOUS.

THOMAS y. STEPHENS. Eleven South Per Ey. Phone sos. cigara robaeeoa News. Picture Framing done tn artistic etyle. rea- sonabls pFiees Agency Mulianes' Fannpa Cincinnati candiss s
The Montgomery advertiser., 1908-03-19
CAFE.

FOR BEST meal in city. so to New peo- ple'e Cafe, 1i2 Commerce Phone 91a fxw doors below Clancey's Hotel Open Amv and night Regular meals sBe --n0t
The Montgomery advertiser., 1908-03-19
TNTERYOR DECORATORS.

WALL. PAPERS of Quality, new spring line very artistic dselgns. workmAnehip the pest, moderate prices, BtRmpings designin6. etc. Q. Y. W. Aeynton' AsAh Dexter Ave:
The Montgomery advertiser., 1908-03-19
PRTNTTNn

printing for dodgerg. biiIs of ladinE, dray tickets. circulars or a1lR-
 thing in printing that is q quantity We have an automatic presa. the only one ln the state. Prompt service: telephone us nf iss. Woodruff Go. -.Sf
The Montgomery advertiser., 1908-03-19
COAL
HARNEss AND SADDLES.

WE Carry e full line of harness and cad dles brides, whips. traveling bRgs ana suit cases. call and see us B. N. WashbuSn. iis Commerce St. -@9et
The Montgomery advertiser., 1908-03-19
HORSES CLIPPED.

The 'cIipplng War" is now over My price is sze6 per head. Brinseeid Hcrss shoeing shop. lis Lee street --ss
The Montgomery advertiser., 1908-03-19

FOR RENT-CottaEe. rooms and bath s26.00. Possession from April ist. aei s. MoDonough street. --iA-S
Virginia citizen. (Irvington, Va.) 1891-1921, 1908-07-31
THE P0LL.TAX MATTER.

Judge Martin, of the court of law
and chancery, of Norfolk, Thursday of
last week decided that personal pay
ment' of taxes means that, before a
voter is qualified to vote, he must pre-
sent himself Gin the flesh at the Office
of the treasurer, and that payment by
the agency of check or messenger is
not payment under the law.
The following letter from Hon. Car
ter Glass, written to the Ledger-Dis
patch. while it does not effect the ju-
dicial aspect of the case, is interesting
as throwing light on the question of
personal payment"
II was among those who framed the
article on suffrage as embodied in the
new Constitution of Virginia. l think
the requirement that the !poll-tax shall
be personally paid simply means that
every man shall pay the tax with
his own money and not with money
furnished him by somebody else. The
whole idea was to prevent corruption
and | do not think any member of the
convention who prepared or voted for
the article on suffrage had the slight
est idea that it could be regarded as
corrupt for person to give his check
for the amount of his poll-tax."
Virginia citizen. (Irvington, Va.) 1891-1921, 1908-07-31
POLITICAL.

II am out of politics forever" de-
clares former Governor William l..
Douglas.
Lloyd Addison, of Westmoreland
county, is delegate to the Hearst con-
vention which met in Chicago July q.
Rev. Richie Ware, of the Christian
church, formerly of Essex county.
makes announcement of his candidacy
for House of Delegates from Raleigh
county, w. Va.
The National Convention of the indie
pendence League, in session at Chicago
this week, nominated Thomas l.. Higs-
den, of Massachusetts,, for President,
and John Temple Graves, of Georgia,
for Vice-President Graves was nomi-
mated by reclamation. A man nomi-
mated w. j. Bryan and was saved with
difficulty from lynching by the incensed
delegates.
Announcement is made by Attorney
General VIM. A. Anderson that he will
not be a candidate for election a third
time to the office of attorney general
His term expires February /, 1910. Judge
S. w. Williams, of Wythe, is candi-
date for this office. Others mentioned
as possible candidates are Hon. R. E.
Byrd, Hon. r. Tate Irvine, Hon. r. b.
Davis, of Petersburg. Major Miles M.
Martin. of Richmond. and former Sana
tor ]. Boyd Sears, of Mathews.