davidaulloa/AmericanStories huggingface dataset:
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1909-02-12

Parkersburg, w. Va.-One of the
largest lumber deals ever consummated
in West Virginia was closed recently,
when former Gov. A. B. White of this
city, and others sold to F. o. Havener
and Pittsburg associates $500 acres of
Virgin timber lands in Fayette coun-
ty. The deal represents something over
$250,OO0.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1909-02-12
INDUSTRIAL NEWS
Items That Will Interest Many of
Our Readers.

Mr.. J. w. Persinger of Bnena Vista,
has, it is reported, leased and will ope-
rate the Richpatch iron mines.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1909-02-12
SCOTS
Emulsion

of Cod Liver Oil with Hypo-
phosphites should always be
kept in the house for the
following reasons:
First Because, if any member
of the family has a hard cold,
it will cure it.
Second Because, if the chill
dren are delicate and sickly, it
will make them strong andwell.
Third-Because, if the father
or mother is losing flesh and
becoming thin and emaciated,
it will build them up and give
them flesh and strength.
FOurh-Because it is the
standard remedy in all throat
and lung affections.
No household should be with
out it.
The Birmingham age-herald., 1909-12-17

lin, 8 N. Y. 269 gives support to ap- pellee's contention that this bill was not passed in the observance of the consti- tutiona provisions just quoted The facts of that case were that a bill, perfect in every respect, was sent to the governor for approval. Subsequently the house desired to amend the bill, and, with
 out consulting the senate, requested that the bill be returned, which was accord ingly done. Prolonged differences be- tween the house and senate over the bill resulted in nothing. The court held that the united action of both houses was necessary to recall the oills and that the bill. having been regularly transmitted to the governor in the form in which the legislature passed it, and not recalled by the action of both houses, and not vetoed by the governor, became law. Likewise in HarpendinE vs. Haight, S9 Cal 1ss If it be assumed that the bill at the time of its return to the house was in form as it now appears, the effect of the decisions relied upon is, that the return in the case of the act in hand was intellectual for any pur- pose, and tho law as 1t stands upon the statute book was constltuuonally en- acted as for the objection taken at this point. If, on the other hand, the en- rolled copy sent first to the governor
 
 by the legislature as to reqrire material change on it's return. then that pressnta- tion of the bill was spurious, and that fact becoming known 1t was the duty of the governor ex nero to call atten- ton to it, and of the legislature to re- call 1t for correction, and this, although if the bill had been signed in It's shape as first presented to the governor. It might be impossible to show It's variance from the bill passed So tEen the ques- ton is whether the recall and return of the bill with the consent of both houses and of the governor, shall be held to vitiate subsequent proceedings with respect to the bill which appears to have been dealt with in constitu- tional way throughout but for the fact that the will of the house and senate that it be returned Is not evidenced by a joint resolution signed by the speaker of the house and tho president of the senate in the presence of their respect i've houses. It has been the unbroken custom of the legislature for many years to send concurrent resolutions requesting the return of bills for correction and amendment to the governor with the authorization of the clerk and secre- tary of the two houses on,y. The legis- tional requirement that joint resolutions should be signed by the presiding officers of the two houses to have any relation to concurrent resolutions governing such emergencies These provisions must have been brought forward into the con stitution of 1901 with this legislative
The Birmingham age-herald., 1909-12-17

construction and practice in the minds of its framers. Many laws are now on the statute books in which this practice was followed.
 There is a class of legislation which may take the form of a resolution and to which the constitutional requirement was intended to apply, form of legislation, in frequent use in this country, chiefly for administrative purposes of local or tenn porary assemblies as joint resolutions, res- .olutions or resolves. This form of legis- lation is recognized in most constitutions, in which, and in the rules and regulations of legislative bodies, 1t Is put upon the same footing and made subject to the same regulations, with bills properly so called.-Cushing' Law and Practice of Legislative Assemblies, paragraph 2403. The constitutional provisions in question were doubtless intended for resolutions of that character. While the two houses of the legislature were yet in session and capable of acting concurrenty with the governor and with each other, and the matter of the bill was in fieri they had an inherent right, and it was their plain duty, to correct errors, and no reasonable theory of constitutional requirement would deny the right or duty, nor can any valid reason be assigned for holding that concurrent resolution, not intended to have the force and effect of law, but merely to facilitate the correction of er- TOTS In a bill properly so called should require authorization in so solemn a way. Of the concurrent action of the two houses and the governor fin this case there can be no doubt. The indisputable evil dence of that fact is to be found in the journals of the two houses and in the bill as finally enrolled and signed by the gov ernor The purpose of the constitution is to assure complete agreement In legisla- tive acts designed to operate as law and to provide a permanent memorial of the act agreed upon. These purposes are served by the constitutional requirement, complied with in this case, that the bill in it's final shape as law shall be so au- thepticated. We are therefore of opinion the act under review is not open to objec- ton on the ground here under consider ation.
 Holder of Bond.
 We have thus reached the last conten- notice. Appellee is the holder and owner of a bond of the city of Ensley, issued subsequent to the. year 1901. We do not see that the allegation of this fact in the amendment of the bill added strength to complainant's position. It has been set tied that the remedies for the enforce ment of obligations assumed by municipal corporations, which existed when the con tract WAS made, cannot be impaired by the legislature, or. if they are changed a substantial equivalent must be provided
 Where the resource for the payment of
The Birmingham age-herald., 1909-12-17

possibility of such an occurrence is neg ligible.
 On the foregoing consideration we are satisfied with the conclusion that the n- junction cannot be grounded upon the idea that the journal of the house does not affirmatively disclose that proper notice was given of the intention to apply for the passage of the act
 Had No Enacting Clause.
 It is further urged that the legisla- tive journal of the proceedings had in the passage of the act shows that the bill which passed both houses, and was enrolled and sent to the governor for approval had no enactins clause, and further, that the bill which so reached the governor was returned by him to the house in which it originated in obed- fence to a joint resolution adopted by the house and senate, that the action of the governor in relinquishing control of the bill without signing or vetoing or offering amendments, was illegal and that whatever else was done to the bill after it was returned to the house under the joint resolution was illegal and the act itself a nuuity, all for the req son that the joint resolution was not signed by the speaker of the house and the president of the senate and approved by the governor as required by sections 66 and 125 of the constitution. On the return of the bill to the house, the jour nal shows that without amendment, it was enroled again. again signed by the speaker of the house and the president of the senate, again transmitted to the governor where 1t received his approval fin due course. Section 66 is as follows '"The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and Joint resolutions passed by the legisla- ture. after the same shall have been publicly read at length immediately be- fore signing, and thu. fa.t of reading and signing shall be entered upon the journal etc. The language of 12s is: Every vote, order or resolution to which concurrence of both houses may be nec- essary, except on questions of adjourn ment and the bringing on of elections, shall be presented to the governor, and before the same shall take effect be ap- proved by him; or, being disapproved. shall be repassed by both houses accord ing to the rules and limitations pre- scribed in the case of a Dill" It is sup posed that the case of people vs. Dew
The Birmingham age-herald., 1909-12-17

the bonds of a municipal corporation is the power of taxation existing when the bonds were issued, any law which with draws or limits the taxing power and leaves no adequate means for the pay ment of the bonds is forbidden by the constitution of the United States, and is null and void."-Mobie vs Watson, 116 U. S. 2s9 and authorities there cited To the same effect are decisions of this court: Amy vs. Selma, 77 Ala 103; Slaugh- ter vs. Mobile county, 73 Ala. 14; Ed wards vs. Williamson, 70 Ala. 1B; com- missioners of Limestone county vs. Rath- CT, 4s Ala. 433 There is no complaint of any impairment of complainant's se- curity for his debt. Appellee's conten- ton just here takes this form: Under section PIG of the constitution cities and towns are authorized to levy 2 tax for general purposes The city of Birming- ham is authorized to levy an additional tax of one-half of 1 per ceatum to be devoted exclusively to the payment of the interest on the bonded indebtedness of that city existing at the time of the ratification of the constitution and to the creation of a sinking fund for the payment of it's bonded indebtedness at maturity. Ensley was also authorized to levy an additional tax of one-half of 1 per centum whenever a majority of the voters of that city should so determine, with the proviso that the special purposes for which the additional tax was to be levied should be stipulated in the call for the election. Ensley held an election by which 1t was stipulated that one-tenth of the additional tax shopIe go into and form a sinking fund for tho payment of interest on bonds to be issued for the con struction of system of storm sewers.
 Complainant's bond belongs to this issue. The argument Is that the merger of Ems ley into Birmingham will destroy this
The Birmingham age-herald., 1909-12-17

security. If it be that the general credit of the larger city is not substantia1 equivalent for the special security con- tractsd for, which Is not alleged and which we cannot assume to know in the absence of allegation and proof, under the authorities citied above the legal ob- ligation of that security remains unin- paired, and a remedy for any diversion of funds tending to impair 1t in fact may be had on proper application to the courts. This proposition is sustained by the authorities cited by the appellee as well as those hersinabove citcd.-United States ex rel. Won Hoffman vs. city of Quincy, Wall. 536
 We have found in appellse's case no sufficient warrant for declaring the act in question unconstitutional. The decree of the chancery court will be reversed and a decree here rendered dismissing the bill
 Reversed and rendered DowdeI1, c. J., Anderson and Evans, JJ., corcur.
The Birmingham age-herald., 1909-12-17

sent to Nashville and held there as a witness in the Obion county night rider cases, was brought here several weeks ago for safskesping, the sheriff here being required by the prosecuting atr torney not to connne Fehringer in a cell Fehringer was arrested on Q state warrant charging him with carry ing concealed weapons and being drunk and disorderly.
The Birmingham age-herald., 1909-12-17

away time between the convening of the two houses on the first Monday in December and the adjournment for tho holidays, Representative Stafford of Wisconsin today introduced bill providing that Congress shall meet every year in regular session on the second Monday in November
The Birmingham age-herald., 1909-12-17
peported Man VIII Fight.

New Orleans, December 16.-W. G. Spiller, recently deported from Panama on the grounds, it was stated, of en- ticing laborers from the Panama canal. will make vigorous fight against this action upon his arrival in the United States within a short time, according to adyices received from Colon. SpilIer formerly resided in New Orleans. Just what steps he will take is not known
The Birmingham age-herald., 1909-12-17
Mae Wood Is Released.

New York, December 16.-Mae Wood, charged with perjury and forg- cry in connection with suit for d. vorce which she brought against T. c. Platt former United States senator, was released from the Tombs today under 5000 bail.
The Birmingham age-herald., 1909-12-17
Pinchot Denies Report.

Washington, December 16.-Gifford Pinchot today denied report that he Is to assume the presidency of the University of Michigan.
The Birmingham age-herald., 1909-12-17

Night Rider Is Arrested.
 Dresden, Tenn, December 16.- Frank Fehringer, the night rider who turned states evidence and who was
The Birmingham age-herald., 1909-12-17

Get Merita Chocolates at Clarke's.
The Birmingham age-herald., 1909-12-17

Congress Wastes Time.
 Washington, December 16.-Because he believed Congress virtually fritters
The Birmingham age-herald., 1909-12-17
GREATER BIRMINGHAM IS ASSURED BY DECISION OF
 STATES HIGHEST COURT

CONTINUED FROM PAGE 2)
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-11-18
.BEMIDJI FIREMEN Will
GIVE DANCE NOV. oath.
Prot. Nasten's Orchestra Will Furnish
Music. Dance Will Be Public;
General Invitation. -.

The members of the Bemidii Fire
department will give apublic Thanks
giving dance in the city hall Wed
nesday night, November "a, as a
preliminary to the enjoyment of
Thanksgiving day, Thursday, No.
vember Is.
With the determination to have
nothing but the best at their func-
tons, the boys have engaged Pro-
lessor Harry Masten and his very
efficient orchestra, who will furnish
the music for the dance.
"A competent committe have been
appointed to take charge of the
dance and there is no doubt that the
fire laddies will make the dance an
enjoyable one to all who attend.
This is public dance and all are
invited to attend.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-11-18
ARTICLES OF INCORPORATION
Lunn & Company.

: + = & S.
Know All Men by These Presents That the
undersigned do hereby associate themselves
together for the purpose of forming CORPORA
ti4n under d r the laws Of the State Of Mnne-
Articles OF Incorporation.
ARTICLE I.
The name Of this corporation shall be
LUNN & COMPANY. and the general allure
Of It's business shall be the carrying Oh Of a
and selling at wholesale or retail merchan-
disc, dairy. and farm produce. grain and
f tee groceries and provision and manufactur-
nected herewith. The principal place e0 Of
transacting the business of said Company
shall be- at the City of Bemidji, Beltrami
county Mimi. .I..'H
ARTICLE II.
The period Of the duration Of this corpora
tion shall be thirty years from the time Of
the completion OF it's organization.
ARTICLE III.
The names and places Of residence, Of the
V. M. Owen, Hines. Minnesota
81. A. Lunn. Bemidj. Minnesota,
J. d. Lunn, Bemidji Minnesota.
ARTICLE ".
The management Of this company shall be
vested in aboard Of Directors. consisting of
three members, who shall be stockholders
The date OF the annual meeting of the COM
pany or stockholders, shall be the first Tues
each year, at which time the stockholders
among other things, shall elect Board of
Directors. The Board Of Directors so elected
sh all Immediately after the annual meeting
Of the stockholders hold an annual meeting
of the Board Of Directors, and at that meet
ing elect as officers Of said company a Presi-
urer.. The. Board Of Directors may also
appoint Manager. The Office of Secretary
and Treasurer may be held by the same
!, The members of the Board of Directors and
the officers shall hold their office for the
period OF one year and until their successors
and officers are not elected as herein pro-
vlded, specia! meetings of the stockholders
or Board Of directors. as the case may be,
may be called for that purpose.
The following named persons shall compose
the first Board of Directors;
Y: M. Owen. H. A. Lunn and J. D. Lunn.
The following shall be the first officers Of
President. V. NJ Owen. vice-president Il.
A. Lunn. treasurer. J. D. Lunn and secretary
J. d. Lunn.
ARTICLE v.
The amount of the capital stock of said
company shall be twenty-five thousand Dol
lars. GS225. 00 divided into two hundred fifty
| shares Of the par value of one hundred dol
lars each. which shall be fully paid for at the
time it Is issued and shall be issued at such
times as subscribed for unless otherwise pro-
ARTICLE VI.
The highest amount of indebtedness to
which this corporation shall at any time be
lars.
In witness whereof the, parties hereto
have hereuntO subscribed their names this
LIST day Of November, 1909.
VIM. OWEN,
H.A. LUNN.
JOHN D. LUNN.
E. E. Mcdonald,
Gregory Malone.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-11-18
STATE OF MINNESOTA |

STATE OF MINNESOTA Ice
County Of Beltrami, Iso'
Be it known that on this 4th day of Novem-
her, 1909. personally appeared before me V.
M. Owen. Fl. A. Lunn and J. D. Lunn. 10 me
known to be the persons named in and who
executed the foregoing Articles of Incorpora-
ton, and they each acknowledged that they
executed the same as their own free act and
deed.
(SeaD E. E. MCDONALD.
Notary Public, Beltrami County, Mimi
My Commission expires Nj az IS, 1910.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-11-18
STATE OF MINNESOTA.

STATE OF MINNESOTA.
Department of State
I hereby certify that the within instru-
ment as filed for record In this Office on the
9Th day of November A. D. 1909 at o'clock
a. NJ. and was duly recorded in book S 3 of
Interpretations on page 149.
JULIUS A. SCHMAHL.
Secretary of State.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-11-18

3OS15.
Office of Register of Deeds, Beltrami county.
Minnesota.
I hereby certify that the within instru
ment was fled in this Office for record on the
10th day of November A. D. 1909. at 9 O'Clock
a. M, and was duly recorded in Book 3 of
Miscellaneous on page 578.
j. o. HARRIS.
Register of Deeds.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-11-18
No. 55S2.
REPORT
of the Condition of The
First National Bank, at
Bemidji, in the State
of Minnesota,
AT THE CLOSE OF BUSI.
NESS, NOV. is, 1909.

RESOURCES.
Loans and Discounts. .............; $3.50. 1884
OVerdraftS. secured and unsecured 96S.O6
=: ): Bonds to secure circulation. 100000
Bonds. securities. etc. ............... 384SS IS
Banking house. furniture. and fix
Due from National Banks l4000'00
mot reserve agents. ......... ..... 11,252.O7
Due from approved re-
serve agents; ;....... .;........... so.625 %
Notes Of other National @S'000
Fractional paper curren- 1''0''''
cy,. nickels. and cents..... 1899
Lawful Money Reserve in Bank. viz:
Tegal-tender notes s| 6IoS.oo sz,11sso
Redemption fund with U. s. Treas
urer Is per cent of circulation) 10000
Total s52s. 4o5. 70
LIABILITIES.
Capital stock paid in......... .. S $4,000. 90
surplus tund. .;.................: 10000 90
taxes paid. $3.50. :......:.: ....:..... 4,s4ee7
National Bank notes OUTSTANDING. 25,OOOOO
DUE to other National
Banks ..;.. ..;...:............... 15454s7
Banks aud Bankers. ........ s.25451
Individual deposits sub
ject to check :...................... 256.4O0H
Demand certificates of
Time Certificates of de- ''''''''' l'''0'''~
post. OBSERVATION-DISCLOSURES. ...... 139. 374 so
Certified checks. ................ go. $3.50
Cashiers checks out
standing NEUTRALITY-SUSPICIOUS.. ..... 2.O35 %
Total S52S. 4O5 70
STATE OF MINNESOTA, IT,
County Of Beltrami. S.
I, r. H. Schumacher, cashier of the above
named bank. do solemnly swear that the
above statement is true to the best of nv
knowledge and belief.
R. H. SCHUMACHER, Cashier.
Subscribed and sworn to before me this 18th
day Of November, 1909.
lSeall WI. MARKHAM
Notary Public, Beltr ami Co.. MIMI
My commission expires Sept. Is. 1915,
CORRECT-AtteSt:
F. P. SHELDON,
A. G.. WEDGE, JR
W. A. GOULD.
Directors.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-05-21
KILLED AFTER TELLING
OF PLANS FOR CIRCUS.
Daniel Donnelfy Crushed
Death by Train.

After-telling his wife at the noon hour
yesterday his plans for attending the
circus today, Daniel Donnelly, of 95
Wright street, returned to his work in
the Lehigh Valley Railroad Company's
coal yards at the foot of Broad street,
and shortly afterward was crushed to
death between two sections of a train.
According to the story given out by
the superintendent of the yards, S. B.
Biedelman, a heavy train, which was
pulling out of the yards, broke apart.
Donnelly sprang between the sections
to ascertain the trouble, when the first
part of the train crashed back, crush
ing out his life.
Donnelly was 50 years old and had
been a resident Of this CITY eighteen
years. He had no children. His widow
is Mrs Jennie Donnelly. lie leaves one
brother. James, and FIVE married sis
tiers, Mrs. H.. L. Pierce, of Passaic; Mrs
e. BEDFORD of Newark; Mrs. Catharine
Boyle, of Philadelphia; Mrs. Ella Will
son, of Philadelphia, and Mrs. Margaret
German, of Easton, GPa.
The funeral services will be held on
Saturday night at o'clock in his home.
The Rev. s. j. Skevington, of the Clin-
ton Avenue Baptist Church, will off
ciate. The interment will be in the
village cemetery in his native town,
R~igelsville, Pa.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-05-21
is JUST WHAT
YOU THINK 1T IS.
Good? Bad? II Depends on Your
Mental POise.

Sure, it's spring said the man with
the blue serge suit and silver buttons,
as he tried to put the brim Of his brown
straw hat down over his ears at Broad
and Market streets today.
They call it spring because the
weather man springs all kinds of
weather on the long sufferin' public.
The birds are twitterin' in the trees
and yu get the straw hat out. What
happens? Yu get out doors and WI
come to tie conclusion that the birds
were c%hatterin'. stead of twitterin'
an yu become the victim of an in
CROWN crouch.
Then nature steps in. yu get hot
under the collar and yer toes freeze till
every part OF vi is a different tenn
.perature an yu feel just like a spring
day.
What happens when yu wear an
overcoat ar an umbrella? Does it rain?
Not on yer photo of Pluvius climbin'
the Orange Mountains. The sun comes
out and the heat worps your derby till
nuts in a snow storm
THE Public Service Corporation. not
nein' satisfied with the weather mans
handin' 1t to yu, steps up and assists
in the general mix-up. They make yu
ride in open cars with the temperature
down to zero, even though 1t is May 81.
But cheer up. friends, it's circus day,
so what's the diff"