davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1909-04-02
PANIC STILL FELT.
United States G ONernment Reporti
SIN Ear ReInxx NnrtnnI

St1ll Far Below Normal.
Washington, April 1.-The monthly
statement of the governments re-
ceipts and expenditures for March
shows the condition In the receipts.
both as to customs and internal rev.
enues
While, as whole. they do not equal
those Of the period just before tho
panic OF 1907. the-receipts from Gus
toms are within a million dollars OF
the figures for March Of last year. The
internal revenue receipts however
are over two million dollars short OF
March 1907. The expenditures con-
tinue to Increase, although they are
considerably less than was anticipated
one month ago
The Montgomery advertiser., 1909-04-02

dennfts had neen done In the matter.
and that no date has been set for his
relief .althoughlit probably will be In
about q month
General smiths desire TO return TO
the United States IL based on his wish
to have his family in this country.
A high Official tonight said that w.
Cameron Forbes. Vice. Governor Of the
Philippines. probably will succeed Gov
ernor smith
The Montgomery advertiser., 1909-04-02

Sedalia, Mo. April 1-"Any em-
ploye of tire Missouri Kansas and
Texas Railway Company who has his
pay check cashed in a saloon will be
discharged, is the substance of a gen.
eral order issued today by Superin-
tendent y J. Finney.
The Montgomery advertiser., 1909-04-02
senator By Election.

springfield. Ills. April LA resoiu-
tion urging Congress to call legisla-
tive conventionsfor the adoption of ant
amendment providing for the election
OF United States Senators by popular
vote of the people was adopted by the
lower House Of the Legislature today.
The Montgomery advertiser., 1909-04-02
CRoFFoRD. ct al. ". ATLANTA b. g.
AR r co

Bill to Enjoin Obstruction of Alley, and
Encroachment on Basement of
Light. Air and yiew.--( decided
June 30. 1908 RehearinS denied
January "A. 1908. IS South. Se6. y
J.. Municipal corporations: obstruc-
ton OF street; public nuisance; author
lied >structurc.---A yiaduct built over
q street, authorized by municipal ordi-
nance and built In conformity thereto,
is authorized by law and not a public
nuisance. 1900 ia&
2. Same: injuring property; obstruc-
ton Of street "A yiaduct which arch
es the street thirty feet over the head.
and which leaves . passageway thirty
feet wide in the center Of the street for
public travel. does not DENY TO abut.
ting property owners the right of ac-
cess on the street TO and from their
property. 80
,. Basement; light. air and View
One may construct or build on his own
land structure which will cut off the
view. light and air of the adjacent own
err; as the doctrine of easement In light.
air and view as against an adjacent
landowner is not recognized, though
such right Is based on claim by pre-
scription.
I. Eminent domain injury to prop
erty.-The building by a railroad of an
embankment on Its own land and the
constructing of "A viaduct authorized
by municipal ordinance. which arches
the street overhead thirty feet and
leaves a passageway thirty feet In the
center OF the street for public travel,
and which furnishes the only feasible
way of crossing the street, Is not such
taking OF the property of abutting
owner fifty feet or more distant from
the construction as is prohibited by
Section 2S5. Constitution 1901. az
s. Nuisance; acts authorized by law.
"A structure erected under authority
Of law Is not a public nuisance.
Appeal from Bessemer City Court.
F. Heard before Hon. William Jackson.
Affirmed. Opinion BY Dowdell. j. %
Tyson, C. j.. simpson, and Anderson.
IT,, concur.
The Montgomery advertiser., 1909-04-02
wnrrent. tor Union Men.

San Francisco. Cal, April War
rants were issued today for the arrest
of James H. Bowling. former Secre-
tary and Treasurer of the San Fran
cisco branch or the Garments Union.
and F.. Il. Davidson, said to be an
other union leader. on charges OF
criminal libel. The complainant Is
Fremont Older, editor of The Bulletin.
who accuses Bowling and Davidson of
circulating reports that Older con-
spired with Rudolph Spreckles to
bring about the street car strike Of
1907
The Montgomery advertiser., 1909-04-02

the pure food laws through the Inn
proper labelling OF syrup. Testimony
was to the effect that the syrup con-
tanned GLUCOSE In excess of the
amount stated on the labels, Sentence
was reserved.
The Montgomery advertiser., 1909-04-02

H. H Rogers, party which includ-
ed Mark Twain and other prominent
New Workers, sailed today on the Old
Dominion liner JEFFERSON. for Norfolk,
to be present tomorrow at the formal
opening of Mr.. Rogerss new virginian
railway
The Montgomery advertiser., 1909-04-02

irrigation OF our land In spite of them
Mr.. Hartman did not conceal that
he felt that the Southern Pacific had
done great work in saving the Imperial
Valley and that the government is
acting unfairly in trying to take adj
vantage of the dam for irrigating
lands other than those through which
the Southern Pacific runs.
The Montgomery advertiser., 1909-04-02
RAILROAD MEN MEET.
They are Trying to, Adjust the Tariff
Sheets.

Louisvills. KY, April 1.-Represen-
tatives of several railroads of the
South and Southwest are meeting in
this, city to adjust physical features
of the freight tariff sheets.
They have been in session for sew
eral days, and 1t Will be a few days
more. they say, before they can give
out the result OF their deliberations
They state that their chief aim Is to
make the sheets less bulky. the re-
suit OF their labors to be submitted
to the Interstate Commerce. Commits
sion for approval.
Marshall p. Washburn OF the Sonth-
eastern Mississippi Passenger Associa-
tion, is chairman. .-,
The Montgomery advertiser., 1909-04-02
Granite Cntters str,ke.

San Antonio, Tex April 1.-Two
hundred granite cutters of Texas went
on strike today. demanding an In
crease In wages from 1896 to s3.60 q
day, and better conditions generally.
Employers say they cannot pay the
scale and compete with outside con-
The Montgomery advertiser., 1909-04-02
Denial By kieran.

New York. April Up. J. Kierap,
formerly. president Of the Fidelity
Funding Company. made the following
statement today. in answer to Father
Mcmahon:
In the, transaction with Rev. Will
liam Mcmahon, acting for st. Budgets
Church, the Fidelity Funding Company
loaned him $4,000 and his mortgage
Is drawn at the rate of interest that
was agreed upon between him and
myself at the time. -
Father Mcmahon gave me no
notes. nor did st. Bridget's Church. In
connection with this mortgage, and
any statement to that effect Is untrue.
He has borrowed from the Fidelity
Funding Company and from me per-
sonally. since that time. over $4,000,
and we hold his notes for s17.soo."
The Montgomery advertiser., 1909-04-02

San Francisco, April Lit IL report
ed here that Governor General Smith
OF the Philippines will resign his exec
utive position and sail for this city
May Is to resume the practice OF law
which he abandoned when the Spanish
American war began. He was q part
ner Of Judge Frank Murasky when he
left for the scene OF hostilities in the
islands as Colonel Of the 1st Regiment
Of the National Guard Of California.
The Montgomery advertiser., 1909-04-02
KYLE. ct al. '. SLAUGHTER.

ACKNOWLEDGEMENTS NOV. TT IJUS,
-4s South, S43) (Rehearing de-
MED Jan. IA. 1902
Ejectment; evidence.-The evidence in
this case stated and examined and held
insufficient to sustain the. defendants
claim that the deed made to her grant
or contained clause providing for q
reversion to her Erantor upon the
death of another grantee of her grant,
or which deed was claimed to have
been lost or destroyed.
Appeal from Lee Law and Equity
Court.
Heard before Hon. Albert e. Barnett.
Reversed and remanded. Opinion by
Anderson, ].
Tyson. c. j.. DOwdell and Mcclellan.
JJ.. concur.
The Montgomery advertiser., 1909-04-02

Atlanta, Ga. April I'D. r. Wilder
head OF the Wilder Manufacturing
Company. Atlanta. was today found
guilty In the United States District
Court on charge Of having violatec
The Montgomery advertiser., 1909-04-02

loans. said rather Melxshon. ..Fze Of
ten paid q bank q bonus OF from TWEEN
ty-fve to thirty per cent Of the face
OF the note upon which the loan was
obtained In one instance. he gave a
banker. q single bonus Of $4,000. When
inquired into these bonuses and
asked the banks why they would ac-
cept them II they felt that the notes
were secured. received no answer.
The Montgomery advertiser., 1909-04-02
CLOCK STRUCK ONE.
Man Hit With Time-piece, Took Count.
Still Uucor, scfous.

NhMu HttN W EtW hfuES~PhtCcg NUUA NWWMts
still Unconscious.
Admission, April 1.-(Special.)-Pe
sons in this city from Jacksonville
state that Charley Gray. the man who
was struck with watchman's clock
at the new plant of the Jack sonville
Fertilizer Company last Saturday
night. is still In serious condition. al
though 1t lis not known whether or
not he has regained consciousness.
The Montgomery advertiser., 1909-04-02

tie executed BY the husband for the
conveyance Of part Of the homestead
not signed and separately acknowledg-
ed b. the wife. does NOT operate a. an
estoppcT against the husband. though
the purchaser has paid him a valuable
consideration therefor. and made val
liable improvements therein. since such
bond Is nudity for all purposes.
.. Homestead; abandonment; rentins
part--The renting Of part OF the home
stead. the owner continuing to reside
on the other portion, does not operate
as an abandonment OF the homestead.
or affect its character. ss.s 49,
=. Same; transfer by void conveyance:
recovery; conditions preeedent. ~ Where
u contract for the sale Of q homestead
Is void because not signed and sepa-
rateiy acknowledged by the wife, the
refpnding OF the price paid thereon
will not be required ~ q CONDITION
precedent to the recovery OF the. home-
stead, as that would be tantamount 70
creating a lien or encumbrance thereon.
s. Same; payment for improvements
Where improvements have bees made
by the, purchaser holding under
void contract to convey q part OF the
homestead, because of the want OF
signature and separate acknowledge
ment of, the wife. the court will not
fasten lien on the homestead for ffri-
provementn made by the purchaser Tn
possession. as condition precedent to
q recovery Of the homestead by the
husband, on the theory of an equitable
estoppel growing out of the owners
acquiesence.
Appeal from Limestone Chancery
Court.
Heard before Hon. w. Fl. simpson.
Reversed and rendered. Opinion by
Anderson, !. 80
Tyson, c. J.. Simpson and benson.
JJ., concur.
The Montgomery advertiser., 1909-04-02

The long stole effect produced by the
arrangement of the scarf on either
shoulder. has not in any way inereas.
ed In popularity
The Montgomery advertiser., 1909-04-02
SOUTHERN RAILWAY COMPANY v.
wOOLEY.

Damages for Putting Down Passenger
Short OF Destination. Decided
January IS. 1908. 4S South. 389.y
1. Carriers: failure to carry passen-
ger to destination; negligence: Jury
question.--whfre the evidence tended
to show that plaintiff passenger.
gave her ticket to the conductor, tell
Ing him at. the time that she 6desired
to go to A.. and was not acquainted
with the stations along the road. and
subsequently defendants Afiagman ask
ed plaintiff where she was going. told
her that the car she was on did not go
to A. and directed her to 60 into an
other car at a junction, which proved
TO be the wrong car. and on account
of which plaintiff was compelled to
lose her train and wait for another.
the question Of the negligence OF the
defendant was one fer the determine
zion of the Jury.
q Same; wantonness: fury question.
IF the hagman of defendant knew
that the car coupled by plaintiff was
the proper car to convey her to her des-
tination and that the car into which he
directed her to go was the wrong car,
and realized that his course Of conduct
would probably result In inconvcni-
ence and injury to the plaintiff wan
tonness might be fairly Imputed TO
him. since purpose to injure Is not
an ingredient of wantonnes. and the
question was one for the determination
Of the Jury.
.. Same; punitive damages Where
there was evidence justifying an infer
ence that the servants OF defendant
were guilty of wantonness In directing
plaintiff to remove 10 the wrong car
punitive damages may be assessed I'm
sthe discretion Of the jury.
4. Carriers; custom: evidence.-A
witness who has travelled or the train
about once a month for more than a
year is not competent to prove the GUS
tom on the part of trainmen In calling
out stations or announcing change OF
cars.
Appeal from Birmingham city. Court
Heard before Hon. H. A. Sharpe.
Affirmed. Opinion by benson. ].
Haralson, Simpson and Anderson. ~.
concur. *
The Montgomery advertiser., 1909-04-02
MAY SUCCEED SMITH.

Governor-General of Philippines Wants
to Como Home.
Washington. April 1.-Governor-
General Smith, 1t was stated here to-
day. has signifed his desire to be re-
lieved of duty in the Philippines
1t was said, however, that nothing
The Montgomery advertiser., 1909-04-02
ECHoLS v. THE STATE.
Embezzelment-(De Decided Jan. -. 1908
--4g South. 347.)

Embezzelment-(D decided Jan. Is. 1908.
--4s South. 347.)
1. Embezzlement; agents; relation
Where one party agreed to make a
suit of clothes for another person.
nart of which was to be paid in. cash
in advance and the rest in the future,
but the party refused to deliver the
clothes after the LIST payment was made
except upon the payment of the ball
ance due, and also refused to return
the payments made, the reAation of
buyer and seller existed, and not that
of principal and agent, so as to render
the accused guilty of smbezzlement I'M
der section 6S31, Code 1907.
g Principal and agent; what con-
stitutes an agent.-An agent rs one
who undertakes to transact some bus
mess or TO manage some affair for
another, by the others authority, and
to account to him for 1t; and as EN-
ployed In the statute furnishing EN-
bezzlement imports principal. and I'M
plies employment, service. or delega-
ted authority to do something in the
name and stead of the principal.
Appeal from Bessemer City Court.
Heard before Hon. william Jackson.
Reversed and remanded. Opinion by
Simpson, }.
HaraIson. Anderson and benson. JJ..
concur. 81
MOBILE IMPROVEMENT AND, BUILD
ING co. v. STEIN
ForcibIe Entry and Detainer .-(Decid-
ed November 26. 1905 Rehearing
denied January IA. 1909. 4S South.
36S.) ~ "''
Appeal and error: record: necessity
of separate transcripts and Separate
appeals Where a verdict was render
ed for the defendant in each case and
plaintiff appealed and brought up the
six Judgments in a single transcript.
although the citation of appeal fecit-
ed the trial of the cases. the Judgment
for defendant, and the application and
allowance of an appeal by plaintiff in
each case, an agreement by the parties
that the six separate actions involving
the same facts should be tried at the
same time before the same Jury. and
that a separate verdict should be rend-
cred In each case. and that all sexcep-
tons taken should be considered, as
taken in each case. as far as spossihle.
and II a similar verdict Is rendered in
The Montgomery advertiser., 1909-04-02

Marx Twain ON Cruise.
4 New York. April las guests Of
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-02-20
WILL Be
TAKEN IN CUSTODY
Warrants issued for Joseph
Pulitzer and DeIavan
Smith, of the News.
HEARING AT INDIANAPOLIS
FOLLOWING WHICH A HEARING
OF THE CASE WILL BE HELD IN
NEW YORK AND WILL BE OF
SIMILAR CHARACTER.

Washington, Feb 2O.-Certified cop
Federal Grand Jury against Joseph
Pulitzer, proprietor, and certain edit
ors of the New York World. have been
sent to New York by United States
District Attorney Baker
The papers, which included the
bench warrants for the defendants.
were transmitted to United States
Commissioner Shields, before whom
the proceedings in the preliminary ac-
tion will be held.
1t has not been determined definite
ly when service will be made on the
defendants. but the likelihood is that
it will not be for several days.
In all probability District Attorney
Baker himself. if duties permit, will
appear before Commissioner Shields
at the New York hearing.
The time of the hearing before Com.
missioner Shields at the New York
hearing.
The time Of the hearing before Com
missioner Shields will be fixed to suit
the convenience of all the parties con
cerned. but it will not be earlier than
Tuesday of next week.
The certified copies of the ipdict-
ments against the proprietors of the
Indianapolis News in the same pro-
ceedinus will he forwarded to the
United States Commissioner at Ind
annapolis today. The hearing in that
case will be held at Indianapolis sub
sequent to the New York proceedings
and will be similar in character.
1t is probable that early next week
District Attorney Baker will state def
initely the nature of the hearings, and
who will conduct them on the part oi
the Government.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-02-20
HAWAII NOW TAKES
POKE At JAPANESE
Bill Introduced in Legislature
Prohibiting Fishing in
Island Waters.
SENTIMENT AGAINST BILL
Lf ORIENTAL FISHERMEN AZ.
FEcTED BY THE TERMS OF THE
MEASURE.

Honolulu, Feb. 2O.-Two bills direct.
ed against Japanese fishing in Hawa-
iian waters have been introduced in
the territorial legislature.
One of the bills prohibiting aliens
from fishing in Hawaiian waters. The
other imposes heavy tax on fishing
sampans of over thirty inches beam
The japanese practically are the on
ly Orientals engaged in the fishing
business and the only ones using sam
pans.
The bills we're introduced by Senator
Coelho, a republican. who is native
Hawaiian. The general sentiment
here is unfavorable to the measures.
May Make Restriction.
Victoria. B. c.. Feb. 2O.-News that
immigration from Japan to the Pacific
is to be forbidden by the japanese gov.
ernment as a result Of agitation in
Toxic was received from the steamer
Tango Maru today.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-02-20
HAVE FLAG CONTEST
Richmond Rural Carriers Riv-
ais for the Envied Cham
pionship Pennant.
GOES TO THE BEST SELLER

In order to incite more interest in
their work. Postmaster ]. A. Spoken
hier has started a flag contest among
the rural carriers. The carrier show
ing the greatest amount OF gain in
sales of postal supplies each month
will be considered the banner carrier
and during the following month, a silk
flag of the finest texture will fly over
his desk in the mailing room The
novel affair was started January i.
and Mr. Elliott. No s. was the frs.
one to win the prize.
carriers and now the flag is flying
over the desk of W. l. Morgan. carrier
No. ;.
Since the installation of the flag
contest. the gain in respect TO sales on
the rural routes has amounted to ap-
proximately 10 per cent Mr.. Spoken
hier states that carrier can sell a
large amount Of postal supplies il he
.on1eN1Dhss.f0.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-02-20
LARGEST CLASS
OF CANDIDATES
Record Breaking Number Ad-
mitted to Odd Fellowship
Friday Evening.
MANY WERE IN ATTENDANCE
TWENTY-oNE MEN SHOWN MYs-
TERlEs OF THE ORDER BY THE
WHITEWATER LODGE.

What was the largest class of can
didates ever received into an Odd Eel
lows lodge in Richmond. was initiated
last night in Whitewater lodge. Twen-
ty-one men. whose ages ranged from
II to IL years. and most of them be-
tween ~ and 2S. were given the work
of the initiatory degree of the order
and theceremonies were interesting
and impressive. There was large at
tendance of visiting brethren and all
in all the occasion was one of much
Importance TO Whitewater lodge which
now becomes one of the ten largest
lodges of the order in the Grand lodge
jurisdiction of Indiana
Work on Next Friday.
Next Friday night the class that last
night took its initial step in Odd Eel
lowsnip will receive the first degree
and Whitewater's team. which has won
distinction as being the first in this
section to exempiify the new rituals
tic work. will be in charge. Another
class of ten or a dozen members now
awaits admission 10 Whitewater and
the season of growth promises to be
the most prosperous that this popu-
lar lodge has ever experienced
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-02-20
Measure Revises the Form of
Government in All Fourth
Class Cities, and Will Re-
duce Expenses.
BOARD PUBLIC WORKS
ABOLISHED BY BILL
Duties Provided for Mayor
Will Make That Office Not
So Desirable as It Now Is
The Provisions. 80

Without dissenting vote the house
yesterday passed the Thornton cities
Rnd towns bill, which will affect this
city vitally AS the result Of the agi-
tation before the legislature in favor
of revision of the municipal code
1T Is probable that some of the mayor
atty candidates in this city will change
their opinions as to prospects. 1t is
reported about the streets that one
candidate who has been an aspirant
for at least four years has declared il
there is a change made, SO the mayor
will have to serve as police judge and
president of the. board of public
works. he will not care for the Office.
1t is alleged that he says he can spend
his time more advantageously follow
ing his profession.
The Thornton bill provides that in
cities Of the fourth class in which
Richmond is placed the mayor shall
appoint a city controller who shall be
at the head OF the department of fin
ance. At the present time the clerk
is at the head of this department. The
common council may any time by Or
dinance abolish the Office of controller
and may at any subsequet time re-
store it.
AboIishes the Board.
The board Of public works as now
constituted is abolished. There will
be no board OF three members select
ed at large, but the hoard will be CON-
posed of the mayor. the civil engin-
eer and commissioner of public
works. The civil engineer and CON-
missioner are to be appointed by the
mayor. The salary of the mayor and
civil engineer shall be in full for all
services performed by them as men,
bers of the board of public works and
the salary of commissioner of public
works shall be fixed by ordinance. The
commissioner may also be required to
act as street commissioner.
II there be no beard of metropolitan
police commissioners in a city of the
fourth class. the mayor shall appoint a
board of three commissioners who
shall be the board of safety. Not more
than two members uf the board shall
be of the same political party. The
members are to receive a salary of not
more than 5000.
They Voted for It.
Representatives Ratliff and Gardner
both voted for this measure. Il esti
mate that the city of Richmond will
be able to save at least 5000 year
under the terms Of this measure" re
marked Mr.. Ratliff.
II think the bill will be good
thing for Richmond. 1t will cut
down the municipal expenses stated
Mr.. Gardner.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-02-20
HAVE KICK COMING
West Side People Are Not Sat-
isfied With the Street
Car Service.
CROWDS HANDLED POORLY

Constant complaint is registered by
patrons of the West Richmond street
car line because the company insists
on sending the 10:45 car to the end of
the Fairview line before making the
Richmond avenue trip. Whenever
there is a theatrical attraction or other
reason that calls for a large crowd of
West Siders to be in attendance, the
last car collects also a number of pas
sengers for Fairview and takes them
TO their destination before making the
regular West Richmond trip. West
modating the Fairyiew passengers, but
they believe car ought to be provided
for them and not make one do both
trips.
The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-02-20
ATTENDED
REPRESENTED Richmond at In
dianapoIis Y. N. c. A.
Oedicatory Meeting.
GOV. MARSHALL SPOKE.

Secretary George l.. Goodwin. of the
V Nj. c. A. attended the dedicatory
exercises of the new Indianapolis as
sociation building last evening. He
was the only local person present al
though during the week at the differ
ent evening meetings Richmond has
been well represented. Last evening
Judge Selden 7. Spencer of ST. Louis,
whom the local association tried Sc
hard 10 secure. TO deliver the local
dedicatory address. delivered the prin'
cipal address. Mayor Bookwalter and
Governor Thomas Marshall also made
short addresses of welcome.