davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1909-01-22
,rocr11Rr vs. APPLfNa.

Bill for Settlement of PartnersRlp,
 Decided, Nov. 26. 1sOS.--47 South
 7O0)
 Equity: reference: report; exceptions Rule s2, Chancery Practice. Is not sufficiently complied with, so as to bring up for review the exceptions to inc report of the register. where the exceptions to items in the report are made upon a separate sheet of paper without date of filing or of designa- tion of the interest in the matter of Inc persou by whom it is taken. and which specifics the items by number on a separate sheet of paper containing Ikha statement ''fefsrenoe to evidence to
The Montgomery advertiser., 1909-01-22
COL. LYLE RETIRED.
aH 9 Inventor OF Famous Lyle Saving Gu

Inventor OFs Famous Lyle Saving Gun
 Ends Army Career.
 Washington, Jan. 2l.-Col. David A. O.. Lyle of the Ordnance Depart ment, was today placed on the retired list of the army on account of age. ar. ter forty years service. For several years, Colonel Lyle has been In com mand of the arsenal at Augusta. Ga.
 One of Colonel Lyle's contributions to the Government was the famous Lyle saving gun." which has been used on ships and at ,life-saying sta tions throughout the world for many years
The Montgomery advertiser., 1909-01-22
I.irennen for seamen.

Washington, Jan 21.-Captain John H. Pruett, President, and other mem bers of the American Matters, Mates and Pilots Association, today, before the Senate Committee on Commerce. argued in support of Senator Knox's bill reqiring licensed masters and mates con all sailing vessels of over 300 tons The present law requires licensed masters on vessels of over 7eO tons. but no licenses for mates.
The Montgomery advertiser., 1909-01-22
.ENsLEY PoSTOFfICE
J. THOMAS CONFIRMED AS F
 MASTER BY SENATE.
Ensley and Pratt city Omces Consoli- dated--Bessemer High Seheo1--
 Steel Output Ins

Birmingham. Jan. 21.-(special.)-- A report has reached here that the Senate at Washington has confirmed the appointment of J.srhomas as post master at Ensley, that office to include hereafter both Ensley and Pratt City. A free delivery will probably be estab- lished over the two places at once.
The Montgomery advertiser., 1909-01-22
RELIEvnD OF CoMs1AND. .

Lieutenant TovvnsIey to Leave Artillery
 District of Pensacola.
 Washington. Jan. 2i.-Lieutenant Clarence P Townsley of the coarst artillery corps, has been relieved from command or the post at Fort Barran- cas. Flas and of the artillery district of Pensacola. and ordered to Fort Mon roe. Va, to assume command of that post of the coast artillery, and of the artillery district of Chesapeake Bay He -xill be relieved of his duties at Fort Barrancas by LieutenantS Colonel Warren P. Necomb. now at Fort De- Soto, Fla.
The Montgomery advertiser., 1909-01-22
sHERIFF HIaDoN OPTED.
Apparent Newiigenee of Jefferson Of-
 AefnI Bran@n Him InNa Court,

Apparent Newligenee of Jefferson Of- { aeial Brings Him IntA. Court.
 Birmingham, Jan. Especial )+-- Sheriff Higlon has been cited to. ap- pear and show cause why he should not be dealt with for not making re- turns in summons placed in his office in the murder case of J.. W. Thomp- son, charged with the killing of E. W. Robertson. The matter will be heard Saturday by Judge Greene of the crim- inar court. It developed upon inves- tigation that the deputy had served subpoenas but had the returns in a wrong box and as a consequence none reached the court. The explanation will be fully made Saturday.
The Montgomery advertiser., 1909-01-22

The officials of the Commercial Clut held an important meeting Thursday evening, and drew up letter and res oiution to be sent President-elect Will liam H. Taft inviting him to visi, Montgomery.
 The letter and resolution are ss fol- lows:
 "The Commercial Club, Montgomery, Ala, Jan. s1. 1907. Hon. William H. Taft, President-elect
 of the United States, Augusta. Ga. Dear Sir:
 We have the honor to transmit here- with. in engrossed form, resolutions passed by the Directors of the Commer- cial Club of Montgomery. at their meet ing today.
 "we ask you to accept these resoiu- tions assan evidence of the sincere good will towsrds your administration felt by the business men of Montgomery, and to comply, if possible, with the in- vitation in the resolutions
 "Should you be able to sc arrange your itinerary as to touch Montgom- cry. we will immediately take steps to gather at this point citizens from all portions of the State, but particularly the central portion. The importance of such gathering will be well under stood when we explain that Montgom- cry is in the heart of the Black Belt, the richest agricultural region of the State, and also when we remind you that Alabama as State is by peason of mineral and agricultural resources, des- tined to be the leader in the commer. ciai growth of the South.
 Respectfully.
 Erred g. Ball,
 President r2r "G. Grosvenor Dave,
 secretary"
 Resolutions Passed By the Commercial Club of Montgomery, Jan. 21, I900. "Whereas by the will of the people the Hon. William H. Taft has been elected to the highest office in the gift of the Nation and.
 Whereas. he, as President-elect, has with supreme tact and goodwill come into the Southern States in order to un- derstand at first hand. the problems and viewpoint "Therefore. be it resolved, by the Commercial Club of Montgoniery,s that speaking for this city. the Cradle of the Confederacy, and the first Capital of the Confederate States, 1t invites the President-elect to so arrange the route of his return journey to the North as to stop in Montgomery for such length of time as he can spare. and thus en- able many citizens of Alabama to meet the man who is entrusted with the bur den of the Nations administration du. ring the next four years" The Directors present were: Alex Rice, c. c. Zirikie, e. A. Tlon1asi George w. Jones. John T. walker F. P. Chaf. fee. !. M. Kennedy, O. O. Nelson. F. c Stevenson. @ Roy D. Clarke and Frank Stolen. werck were elected members of the kclub and the following officers were eiected:
 Treasurer--E. MeeFtief. Secretary-G. Grosvenor Dave Director to i'll vacancy-L. Lasseter
The Montgomery advertiser., 1909-01-22
Taft w,na at GoIf.

elect won all the honors in the ham dicap golf game today, dined at the home of MT. and Mrs. Landon Thomas, and attended the opera, where Madame Calve sang. He made no speeches, nor had any important conferences during the day.
The Montgomery advertiser., 1909-01-22
10 Construct Dry DocI<.

Paris, Jan. 21.-The Senate today adopted a. bill providing for the com struction of dry dock and basin at Havre, capable of accommodating the largest liners. The cost of the work will approximate $20, ,0OO, ,00O.
The Montgomery advertiser., 1909-01-22
BIG LEvEEs BREAK.
Nearly Five Thsnsand Acres Inundatsds
 In Calaf0Fnaa

@NG1EsS DANN A1~@S@&1 AGEcS A10A0AtGu
 in California.
 Sacramento, Cal. Jan. 21.--The levees of the lower division of Sher- man Island gave way this evening, ac- cording to reports received from The Bee correspondent at Isleton and be- tween 5000 and 5000 acres were inun- dated.
 The break occurred on the SacrR- mento River side and was hot equal to the, strong current bearing against 1t, fierce southeastern gale lashed the water into waves that washed over the tops of the levees.
The Montgomery advertiser., 1909-01-22

The new high school at Bessemer, to cost when completed 350,00o, is, fast nearly completion. The contractor ex- poets to get the building ready for oc- cupancy before the present session of the schools is over. The building is so located in Bessemer that people passing through the city on trains can get fine view of the institution.
The Montgomery advertiser., 1909-01-22

Equal Suffrage In South Dakota.
 Pierre, $. D., Jan. 21--The equal sur" frage amendment passed the Senate to- day without debate and with but two dissenting votes.
The Montgomery advertiser., 1909-01-22
WANTS wHIskEY DESTROYED.

Georgia COngRessma3 IntrOdaeem BIlI
 EGeeting Wildcat Booze.
 Washington, Jan. .21-To provide that whiskey, brandy. wines, beers or other liquors manufactured fin violation of the law should be destroyed publicly, instead of sold. as at present, is the object of bill introduced in the House today by Representative Griggs of Georgia.
The Montgomery advertiser., 1909-01-22
steel sI,iI Output Imcreasing,

Every department of the big steel plant of the Tennessee Coal, Iron and Railroad Company is in operation now and the production is at the high water mark. There is a demand for ,,every ton of the product that can be turned
The Montgomery advertiser., 1909-01-22
COCHRAN vs. KIMBRoUGH. E{actnent. (Decided Nov, 12, 190s-

E1eCtmGnt. NDeClueu ENOF's Aes AVSSs
 l7 South 7os.)
 1. Ejectment; admission of posses sion; pIeajing.-By plea of not guilty defendant admits possession of all the lands sued for.
 2. Trial; instructions; misleading Trial courts will not be reversed for giving or refusing instructions merely misleading.
 3. Adverse possession; jury ques- tion.-Where there was evidence from which the jury might find that de- fendant had acquired title to few acres of a certain forty before plain tiff procured A deed to the forty in controversy, a charge asserting that IT Inc jury was reasonably satisfied that the iand in dispute was any part or the land to which plaintiff had aeauir- ed title, the jury should return yer diet for plaintiff was properly refused.
 Appeal from Greene Circuit Court Heard before Hon. W. H. sprott'
 Affirmed. Opinion by Anderson, J.
 Tyson. c. J.. Dowdell and Mcclellan u. concur.
The Montgomery advertiser., 1909-01-22
spolIs Die Hard.

The same inipeccable Senate that feels SO keenly Roosavelts shortcoming voted by an overwhelming majority to have the forthcoming census taken on the spoils ba-
The Montgomery advertiser., 1909-01-22
{ 1aHsaArNs sHIPPED.

lBsdy Sf alrs. Arbery TO lse Buried Al Noeasulwa.
 The funerals services of Mrs. J. W. Arbery. who died at her home No. Cherry Street Wednesday. were held al the family residence yesterday morn ins at 10 o'clock. Rev Charles A. stakely officiated. fThe remains were shipped to Notasllea, for intermept
The Montgomery advertiser., 1909-01-22
GovERNMENF CoNTROI4

M. R. MaItbte Appeals For Supervision
 of Publlc' service.
 Chicago. Jan. e1-"The oficiais or or large corporations, as we'll as the pup lie. will be benefited by proper sys- tenn of governmental supervision of public service corporations. Strike leg isiation, as well as lobbying VIII cease"
The Montgomery advertiser., 1909-01-22
VOTE GOES TO WASHINGTON.
Messenger E. R. Norman Leaves With Ballot to Electoral College Sat-
 urday.

Birmingham, Jan. 21.--(Special.y-- B. R. Norman. who was elected as messenger by the electors in Alabama to cast the vote in the national cleo toral college at Washington, will leave for Washington Saturday afternoon or Sunday morning Mir. Norman am nounces that he will remain in Wash ington a week or ten days before re- turning.
The Montgomery advertiser., 1909-01-22

support exceptions" followed by . statement Of the number Of exceptions, and the evidence relied on to support the exceptions; nor was such reser- vation sufficient compliance with Appeal from Walker chancery Court. Heard before Hon. Alfred H. Ben ners. Affirmed. Opinion by Denson, J. Tyson. c. J.. DowJell and Simpson, JJ., concur.
 HARRISON. EFT AL. vs MAuRY. Er Bill to Declare a Deed Mortgage.
 lDecided Nov. 25. 1sos.--47 South.
 724.) K
 l. Mortgages: Deeds as Mortgages. --The character of the conveyance must be determined By the clear and certain intention of the parties, and if there be an agreement that 1t shall operate as a security for debt. it can and will operate only . mortgage: and this agreement may rest in parol ar by separate paper writing. or be ex- pressed in the face of the conveyance.
 g. Same; Evidence.--Ths evidence to sustain the allegation that deed absolute on its face ia to operate as a mortgage must be clear and convincing In this case such bVSden has not been met by the eyidence in this case.
 Appeal from choctaw chanceFy Court.
 Heard before Hon. Thomas H. smith. Affirmed. Opinion by Haralson. J.
 Tyson. c. J.. simpson and Densons JJy concur.
 GULF CoAD AND COKE co, TIT AL.
 vs. APPLYING. Bill to Quiet Title. (Decided Nov. 2E.
 l90S.--47 South. 7a0.l
 l. Quietfng Title; Who May Mein- tain; Executors and Administrators.-- The exeeutrix of deceased claimant to them cannot maintain a bill to auiet title to lands in her representative oa- 1898.
 2. Appeal and Error; Dctermfnation of Appeal.--Where the cause was snh- mitted to the chancellor on the plead. inss and proof without an offer by complainant 10 amend in the court below. this court will not on appeal re- mana a cause for theSpurpose of per- hhtttng such amendment, but will res verse and render the decree that ought to have been rendered. Appeal from Walker Chafcery Court
 Beard before Hon. A. H. Benners.
 Reversed and rendered. Opinion Ds Tyson. c. j., simpson and Mcclellan. 
 PoNCELAR Vs PALACE LIVERY rf. Action for Negligent Killing of Horse.
 702.J Livery stable keepers: injury to ami. mals; Degligence.--Under the com. plaint in this case 1t was questiol for the court, sitting without a jury to determine whether or not, under the evidence. defendant was guilty of negligence leading to a recovery; and, owing to the finding of the court the force and effect of a verdict of ths fury. this court cannot say that thf trial court erred in the verdict rem dered.
 Appeal from Birmingham City Court Heard before Hon. C. W. Ferwusens Affirmed. Opinion by simpson. !.
 Tyson, c. J., Anderson and Densons JJ.. concur.
 sIPsEY RIVER LUMBER co. FIT AL
 vS. GIIlILI1AND. Damages for Diminishing Water Sup
 ply to Lower Riparian Owner.
 Decided Nov, 2s, 1s0s.-47 South Tortss liability for.-one who has transferred his interest in business to another prior to the time of the tort of cannot be held liable for damages caused by a tort committed by his transferee
 Appeal from Tuscaloosa County Court. Special Judge
 Tyson c. J.. Denson and Mcclellan. JJ, concur.
The Montgomery advertiser., 1909-01-22

Send your WhisIxey orders to our Pensacola bRaach, the GreIl Trading Co.. P. Q. Box s37.
 GREH. BtsOa. co.
The Montgomery advertiser., 1909-01-22
DeBARDELEBEN.

Sure enough Blood and Bone Guane
 MARKS & GAYLE.
The Montgomery advertiser., 1909-01-22

|. LANCE VS. f1AMMEN. - Bill to Reform Misdescriptlon m
 Deed. Decided Nov. 26. 1eoS.-47
 South. 724) V
 1. Res Adjudicata; Plea.-The plea of res adjudicata, to be good. where the attempt is to set up former pro ceedinR to judgment, must state facts showing that the controversy was be- tween the same parties, about the same subject matter, and the adjudica- ton was upon the merits. and so much of the proceedings as was necessary to show these facts should be set out:
 2. Same.-where the plea alleged that complainant. prior thereto had filed a bill against the same defend- ant involving the same rights and sub feet matter of the present suit, that the defendants fiied their answer. that proof was taken, and upon the suomis- sion of the cause the suit was dis- missed, and that the decree was still in force, all of which appeared from the record of the proceedings, there in, does not sufficiently set out the former proceedings so as to identify 1t with the present suit.
 Appeal from Cullman >Chancery Court.
 Heard before Hon. W. H. simpson.
 AfflrIned. Opinion by simpson. J. .~ Tyson. c. J., Denson and Mcclellan JJ., concur.
The Montgomery advertiser., 1909-01-22
uot1sroN COUNTY ys. HENf COUNTY.

HOIJATNNz wv ~
 Bill to Enjoin anIAction at cai,scsion & pm +reen Counties for the Coiiec.Io" C,'
 of d Debt on Account ot ~ sne. 9 ed Portion of One or Tnen % 5.n1
 4 cided Nov, 10. 1soe.--47 soutn .Av.1 z,
 Counties; creation of new counss .,.s,. !. fron others; adjustment or p.epe ss sst ststutory propIsion.--Under scs.iom ,,,isb s,N faas. Code 1898. county 70 .,t,, E a.tached a portion of another cou'its ,ts (. Iiahle 10 such other county tor ". nronortIonate amount of the e1ist.ne dahts of the county from whieh .ns @ narfion was detached, regardless or .ne ssets of the other county or It's apiilLy = nav. and the county to which fs at- "a chaS such portion of another county |tr the absence of statutory provisions .s not entitFed to share in the other county's general fund. in the absence or . ahouinr that such general luna, or . nart thereof had been specifieaiiy collected for the payment or the eeD., |or had been put in sinking iuha TUT . Words and phrases existing IaehtE-The term. existing deots' as ased in section 12A. Code 1SsS, means anvthing then owing by the county from which a portion Is detacheo' re- gardless of its assets or ability 70 pay
 Appeal from Henry Chancery Court
 Heard before Hon. Lucian D. oaro- |ner.
 Affirmed. opinion by Anderson, J.
 Tyson, c. J.. Dowdell and Mcclellan JJ., concur.
The Montgomery advertiser., 1909-01-22
Head Notes Of the Decisions
 of the ALnban1d Supreme Court
sHARPE ET AI. Ys. MILLER

SHARPE. EFT AL ys. MILLER. Bill by Mortgagee to Cancel Mortgage
 Held by Another Mortgagee If paid
 and for Redemption and Torecfosure.
 (Decided Nov, 19, 1sos.--i7 South
 701.)
 l. Equity; relief; general prayer A party may obtain relief under the general prayer of the bill on the iac.s stated in the bill. though mistaken ir his special prayer for relief.
 2. Same; bill: amendment; depar- ture.--where, complainant. in addition to prayer for general relief. prayed TOT q reference and sale of the land, With m application of the proceeds. first to The nayment of a prior mortgage. and an application of the balance 10 tne mortgage held by complainant an amendment, alleging the same Isc.s ' but praying for decree of redemp.lon e from the prior mortgage. was not oo- jectionabie as a departure .,,a. ,,snt os n prayer to conform to the ssc ate where the pleader has mistaken the relief to which he is entitiea in .hs oririnal prayer. does not eonstitute
 Exeeutors and administrators; as as .et.A debt due by husband to tnc wife secured by mortgage on rear es. tate. is a personal asset or the .e estate. the. title to which passes V her administrator. uyh.ra a
 5. same: right to redeem.--w nere s esa mortgage given by the huspSna .hs wife constitutes q junior nen. o.r..n, @ Ssath of the wife her administra.or oua.n .Na. art,t,ea to protect such security wa wa anforce inc payment of the mort @asa nv redeeming from foreclosure vndar a prior lien.
 Appeal from Marenso cnahcers
 Heard before ,Hon. Tihomas H. sm,'h
 nts,rmad. opinion by DowdeI, J.
 Tyson, c. J., Anderson and McolsiiAH' JJ., concur.
The Montgomery advertiser., 1909-01-22
INVITE TAFT
 TO COME HERE Commercial Club Sends
 Invitation. 5, PASSES A RESOLUTION Dave Elected Secretary And
 Meertief Treasurer. I've New sss~s.r s.kee In ..a |. New Director Elected - CIsb
 Held An Import.at Meet
 isE Thursdsy.

The officials of the Commercial Club held an important meeting Thursday evening" and drew up letter and res- olution to be sent President-elect Will liam H. Taft inviting him to visit Montgomery.
 The letter and resolution are as fol- lows: a4a
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1909-11-27
REACHING The SPOT
1t Can Be Done So Scores Of Wa-Kee-
ney Citizens Say

1t Can Be Done So Scores Of wa-Kee-
ney Citizens Say
To cure an aching back,
The pains of rheumatism,
The tired-out feelings,
You must reach the spot-get
at the cause.
In most cases it's the kidneys
Doan's Kidney Pills are for the
kidneys.
w. F. Barber, farmer, former
~ of Wa-Keeney, Kans.. says:
I was subject to attacks of rheu-
matism for twenty years. My
system seemed to be filled with
uric acid and cold or damp wealth
er aggravated my trouble This
past winter I was feeling badly
and as the doctors medicine was
doing me no good. 1 procured a
box of Doan's Kidney Pills at W.
w. Gibson's drug store and be-
gan their use. They helped me
at once and [ firmly believe that
few more boxes of this remedy
will make a permanent cure"
For sale by all dealers. Price
so cents. Foster Milburn Co.,
Buffalo, New York, sole agents
for the United States.
Remember the name-Doan' s
and take no other
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1909-11-27
A Handsome Woman

Every woman may not be hand
some, but every woman should
keep with care the good points
nature has given her. No woman
need have sallow skin, dull eye,
blotchy complexion, who pays
proper attention to her health.
Where constipation, Everderange-
ments, blood impurities and other
irregularities exist, good complex
ion, bright eyes and sprightly
movements cannot exist. Internal
arrangements reveal themselves sooner
or later on the surface. Headache, dark
rings around the eyes, sallosv skin. a con-
slant tired feeIing---mean that the liver
and digestive organs are needing help and
correction. ChamberIain's Stomach and
Liver Tablets give this necessary help.
They work in natures own way. They do NOT
merely flush the bowels but tone mp the liver and
stomach to fulfill their proper functions So mild
md eensIe do they act that one hardly realizes
I fhaf they have taken medicine. ChaulbeKiain's
Tablets can be relied upon to relieve biiousness,
oryWhere. Price IS cents.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1909-11-27

of Stanford University, for years
has been one of the prime NOV
ers in the preservation work.
He expressed himself strongly
and logically on the subject. He
said: One of California most
important assets is found in the
Spanish missions, each pictur-
esque and of real architectural
merit. Distinctive in California
interest as the romantic Spanish
names of cities, churches and in
StitutiOnS--nameS associated with
these missions. They are the
oldest remnants of the early life
in this country, and years of ne
glect have brought most of them
to depIorable condition. Some
are utterly obliterated, while
others are now rapidly falling in
to decay. So far the only step
taken to preserve these Missions
has been the mere patriotic in
fiuence of a few of California s
people, and by religious and his
tOrical societies. Three of the
finest of these missions San
Juan Capistrano, San Antonio
and San Batista-are in need of
immediate attention. A rich man
could desire no greater monu-
ment than the restoration of one
of these Missions. And the peo-
pie of California can rear no
no greater monument to them
selves than protecting these mis-
sions from further decay"
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1909-11-27
(tfrst publication Nov ID. 1909
Administrators Notice

State of kansas Trego County, in the Pro-
bate Court held in and for said county and
state
Notice is hereby given. that letters of ad-
ministration pom the estate of John W Rey-
nOldS. late OF TregO county kanS-, deceased,
have been granted to the undersigned. Mary
E. Rey nolds, by the Probate court of said
county of Trego. bearing date the Sth day of
November. 1903. All persons having claims
against said estate are required to exhibit
them to me for allowance. within one year
after the date of said letters. or they may be
precluded from any benefit of such estate:
and if such claims be not exhibited wit min
two years from the time of the publication
of this notice. they will be forever b AIRED
Dated this Sth day of November A. d. 1909.
MARY f. REY NOLDS.
Administrative, estate of John w. Reynolds
deceased
Attest:
A 5. PEACOCK. Probate Judge.