davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08
ADRIFT WITH THE TIMES
IN SPITE OF TIE wEArHEl

IN SPITE OF TIE WEATHER.
Mournful was the day without,
Icy rain drops falling;
Sadness drawn from winters gloom
Every heart inthralling.
Still complained the maynard wind,
Anguished tones uplifting;
While across the frowning sky
Troubled clouds were drifting.
All the world seemed spent and sad,
Somber-hued and dreary;
Time, himself, toiled on his way,
Leaden-foot and weary.
Yet, within, a blazing fire
Up the chimney leapng,
Through the chill December day
Cheer and comfort keeping.
Winds may wall and rain drops fall,
Threat'ning clouds hang low,
Fancy paints dream of June
In the frelight's glowl
THE PLAY WAS HIGH
About six months ago Topper told me
that no was on the verge of ruin. 1 won
der how he got over his trouble"
"Rumor says he crossed on Mrs. Tup-
pers bridge"
THE LATEST FAD.
How would you like to play barefoot
goif7"
Dunno. I'd hate to be raped across
my bare shins with the business end Of
a golf stick
WHAT'S DOING?
Since loud reform has ceased to shout
And peace broods Ger the scene,
We'd like to hear the latest bout
The Duke and Catharine.
CHRISTMAS FLICKERS.
Bundle, bundle. who's got the bundle?
Did anybody hear the shopgirl holler
for help7
The skeleton in the closet is cramped
for room
It is just as much trouble to buy a
10 cent present as 1t is to buy $40
one.
Automobiles ropes of pearls and dia-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

The steam roller is to be delivered
in Nicaragua by the navy ready for
use as soon as landed
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Uncle Sam respectfully declines to
say that he is going to war with Mica
ragua. He is simply going to make
himself felt down there.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

If Secretary Knox and Zelaya can be
kept apart the trouble between them
may be arbitrated.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

President Taft did confine his mes.
sage to $1,000 words, but he did not
lessen the usual number of subjects.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Senior Zelaya gets the cold shoulder
in the Presidents message of this
country.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Rameses, King Of Egypt who is dead
and turned to clay, is to be placed in
a Boston museum. No beans In him.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

The tories are shocked when the lib
erals speak OF it as the ex-house of
lords.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Great Britain is endeavoring to build
her new Dreadnoughts before the Ger
man invasion is begun.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Medicine Hat is trying to do BUSH
ness at the old stand again.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

e. H. Hartman had s14e, 900 900 and
that was too much to carry across the
Styx.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Mr.. Cannon as he approached the il
surgents stopped to remark that he fel
like colt.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

The Congressional Record will re-
sumo publication at once, but it will
contain no light reading for the home.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

The British voter is studying the
justly famous British constitution
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

High finance in New York means
high mathematics.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

We are importing precious stones
at the rate Of $4,000 bales Of cotton
a year, each weighing 500 pounds.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

America will depend for aerial fleets
upon a rush order.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Mr.. Taft issued yesterday the best
seller of the day.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

portion of our unhappy rich.
The closing rush will begin promptly at
11:45 D. m. Christmas eve. Get your life
insured now!
NEXT.
Man wants but little here below"
Thus saith the ancient song;
There's one sad thing about it. though
He gets that little wrong.
Chicago Record-Herald.
And If he gets that little right
He's such a pesky kind
That having nothing more in sight
Destroys his peace of mind.
Birmingham Age-Herald.
Man wants but little here below"
AS he makes his little march,
He tries to grab the sugar, though,
When the trust hands out the starch
st. Louis Times
Man wants but little here below
A little for a while;
For little shake-downs here and there
In time make quite a pile.
philadelphia Telegraph.
THE AVERAGE MAN.
What is meant by the average manT'
The average man Is one who would
rather look at the posters of burlesque
show than portrait study by whistler
ABOUT A MAID.
No maid needs much
Astuteness
Who's well supplied
With "cuteness"
Birmingham Age-Herald.
And If she have
The sweetness
We're glad to have
Her greetinus.
Roanoke. Va, World.
HE DIDN'T GO.
Cruel girl, I'm going to leave your
Look here, John Alexander Jonesr'
''Well?"
You needn't think you can get out of
buying mo a Christmas present by pre-
tending you are mad and then come
sneaking back about the middle of jan
uary. If you go now, you go for goedr'
PAUL COOK
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08
A GEORGIA PREDICTION.

From the Savannah Press
The next time Ala bama gets a square
kick at prohibition there won't be any Of
1t left.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08
Business Greatly Improved.

Business has jumped forward greatly
during the past week." remarked ALI
winton. travelling for Baltimore lace
house. st fell of considerably before the
election. Up to the day of the election
the farmers were So worked up that bus
mess was neglected all Of the way round.
So Tar az getting any orders Wa COM
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08
The Music Festival.

The Birmingham Music Festival asso-
citation board will hold an adjourned
meeting at the Chamber Of Commerce to-
day at noon to tabulate lists and ascer-
tain how much, If any, of the $1,000 guar
antee sought to be raised remains to be
subscribed.
TT is the purpose of the association to
give floral parade on the opening day
of the Damrosch festival, April 49," said
one of the directors, land to advertise
this musical affair more extensively than
any former festival Atlanta is to have
an opera festival in May, but no orches-
trail festival next year. Birmingham 8
will be the only music festival there
fore, In this part of the south. Our guar
antee list is growing and it is hoped
that before the end of the week 1t will
be completed And not until it is COM
pleted will the festival be assured. The
guarantors will be called on only In the
event of deficit at the close of the fes-
tival The directors say they are de-
termined there shall be no deficit If adj
vertising and attention to the business
end Of the festival will make 1t pay
out.
Birmingham has a much larger pop
ulation now that when Mr.. Guckenberger
used to conduct festivals here and not
only so, but far larger percentage OF
our people appreciate artistic music now
more than in former years. If all the
music lovers here will but show the
proper spirit and buy season tickets there
will be a surplus to 60 over to the next
year instead of deficit"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

"It is not improbable that plant for
the manufacturing Of files, chisels ham,
mers and other tools will be established
in Birmingham during the next year"
said man in touch with Industrial mat
tiers. Should it be put into operation
1t would employ between 500 and 700 men
and would have an investment of sew
eral hundred thousand dollars.
Men have recently been in Birming-
ham looking into conditions In this con-
nection and their report. it is said. is
very fattering to the district and Alabama
generally. Their trip here was rather
quiet one and no one knew of 1t.
Birmingham offers unbounded facilities
for the establishment Of such a plant
there being all of the material needed
for its operation. The need of such a
plant in the south has long been felt
and hardware men will undoubtedly APP
preciate its establishment"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08
THE PLAY WAS HIGH
THE LATEST FAD.

How would you like to play barefoot
golf7"
Dunno. I'd hate to be raped across
my bare shins with the business end of
a golf stick"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Santa claas may go to Nicaragua on
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08
WHATS DoINGl

Since loud reform has ceased to shout
And peace broods DER the scene,
We'd like to hear the latest bout
The Duke and Catharine.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

monds by the peck will be the Christmas
portion of our unhappy rich.
The closing rush will begin promptly at
11:45 D. m. Christmas eve. Get your life
insured now!
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

Entered At the Birmingham, Ais.
postofnoe as second-class matter unosi
act Of Congress March 3. 1879.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08
CHRISTMAS FLICKERs

CHRISTMAS FLICKERS.
Bundle bundle. who's got the bundle?
Did anybody hear the shopgirl boiler
for helpf
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

No communication will be pubilsi,es
with out its authors name. Re1eo'ee
manuscript will not be returned uniees
stamps are tnclosed for that purpc
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-08

The skeleton in the closet is cramped
for room.
The Topeka state journal., 1909-03-09
(Published in The Topeka State Journal
March 9, 1909
SENATE BILL NO. $50.
c. E. DENTON,
Secretary of State.


AN ACT to amend Sections 4oss. 4O4S. and
4O49 of the General Statutes of Kansas
1901. and Section 10 of Chapter SoS of
the Session Laws of 1905, relating to the
Organized Militia of the State of Kansas.
and repeating said original sections 1893.
4O43 and 4O49 of the General Statutes of
s1s itSs' of the Session Laws of 1906. and ali
acts and parts of acts in conflict here
with.
Section L. That Section 4oss of. the Cen
amended to read as follows:
Section 40ss. The inspector general shall
the Kansas National. Guard as usage and
the Rules and Regulations of the Army
spector Generals Department.
Section 2. That Section 404S of the Cen
eral Statutes of Of hensas foiio 1Sol is hereby
Section 404S. Enlistments in the Kansas
National Guard shall be for the term of
foI1r wears. and the commissions of all
officers therein shall be for the term of
four years except as Otherwise 9th, WI herein
Resignation or the dismissal of officer
for cause, after due trial and conviction.
The detail of officers on the personal staff
of the brigade commander shall continue
in force only during the term of service
of said brigade commander or during his
section g. That Section 4o4s of the Cen
eral Statutes of kansas 1901 is hereby
Section 4o4e There shall be a military
board consisting of the brigadier general,
Who shall be president, the adjutant gen.
eraI who shall be recorder, and the Judge
adyocate-general: there may be two addi-
fioaal members appointed at the discre-
tion of the governor, who may be officers
in active command of regiments of the ma
fionaI guard. The military board shall
constitute an advisory board to the COM
mander-in-c chief on military matters. and
SAID board is hereby authorized and en-
powered to prepare. the necessary rules,
nrovisions and regulations, together with
eencb amendments and changes as may he
re6Iiired and made from time to time
and when approved by the commander
frcJ,ief shall be in full force and effect
from the date of their publication in gen
eral orders.
s,biect TO the approval of the commander
in-chief to make such changes in the
y11flffaYv organization or organizations OF
4Ia state from time to time, as they deem
for the best interest of the service. or t.
iawT Of the United States. or to the or
The Topeka state journal., 1909-03-09
LEGAL.


ganization of the army of the United
Orders Orders Of Of the RovGa President M l Of the % 3 Gnited
Section 4. That Section 10 of Chapter
30S, Laws of 1906, is hereby amended to
Section 10. The governor shall also ap-
point, by and with the consent of the
senate, one brigadier5general. who shall
missioned officer in the Kansas National
Guard within ten years preceding his ap-
rank of captain therein. The staff of the
brigadier general shall be detailed by the
dation of the brigade commander from the
staff corps, departments and organizations
of the Kansas National Guard.
Section 5. That Sections 1883, 4O4S and 4049
of the General Statutes of Kansas 1901
and Section 10 of Chapter 30S of the Ses-
and parts of acts in conflict herewith
are hereby repealed;
be in force from and after it's publication
in the official state paper.
hereby certify that the above bill orig
February 18th, 1909
Concurred in House Amendments March
1St, 1909.
w. J. FITZGERALD,
President of the Senate.
z. z. WYANT,
Secretary of the Senate.
Passed the House March 1st. 1909.
Speaker of the House.
CHIEF Clerk of the House.
Approved March 5th. 1909
w. r. STUBBS,
Governor.
STATE OF KANSAS,
Office of the Secretary of State.
l. c. E. DENTON, Secretary of State
of the State of Kansas, do hereby certify
that the above and foregoing is a correct
copy of the original enrolled bill now on
IN Testimony WHEREOF, I have
hereunto subscribed my name and affixed
my official seal, this 9th day of March
1909.
(SeaD c. E. DENTON,
Secretary of State.
The Topeka state journal., 1909-03-09
d. A. VALENTINE,
Clerk Supreme Court.

No l6O97
The State of Kansas, ex rel, J. p Clark
Peter Fishbaclx and Anna Fishback.
Appeal from Sedgwick County.
AFFIRMED.
Syllabus. By the Court Porter, J.
1. An accusation for contempt of court
filed in an action brought to suppress a
nuisance under the prohibitory liquor law.
which charges defendants with keeping
place where intoxicating liquors were sold
and persons permitted to resort for the
purpose of drinking such liquors in VIOLA
ton of a temporary injunction, need not
state the names of the persons to whom
sales were made or the kind of liquors
sold.
2. A party to a suit will not be permit
ted to disobey order of the court
the ground that the court has committed
error in the proceedings.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
CSealJ Clerk Supreme Court.
The Topeka state journal., 1909-03-09

No. Il, ,678.
The Lewis Academy,
VS..
Mrs. I. o. Wilkinson
Error from Sedgwick County.
AFFIRMED.
Syllabus. BY the Court Mason, J.
Where the holder of a tax deed brings
ejectment and is defeated, he is entitled
to lien for the amount of taxes he has
paid notwithstanding his deed is based
upon an assessment made separately of
each of three contiguous lots comprising
the property, when it should have been
description owing to the fact that the
three lots were owned by one person, de-
voted to a common use and occupied by
improvements practically incapable of di-
vision along lot lines,
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeal1 Clerk Supreme Court
The Topeka state journal., 1909-03-09
LEGAL.

use to the damage of the plaintiff in the
sum of twenty cents per share judgment
ought not to be rendered for that amount
where the only proof of damages is. the
signed to the plaintiff containing recitals
that the shares are one dollar each fully
paid up.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
TSeaL1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09
No. 15, 5,679.
John w. Kerns

No. 1853.
John w. KernS
The City of Kansas City, Kansas.
Error from Wyandotte County
Court of Common Pleas.
REVERSED.
Syllabus. BY the Court. Smith, j.
1. The measure of damages to resi-
dence property which has been overflow
ed through the negligence of another is,
ID the difference in the value of the prop
erty Immediately before and its value i'm
mediately after the overflow. no allow
ance to be made for the possible or prob
able recurrence of the overflow, (2) if
the injury to a building can be made
as good by repairs, then the reasonable
cost of necessary repairs with the loss
of rent incident thereto. added. or 90 If
reasonable repairs have been made but
the building has not been or cannot be
restored thereby to its former value then
the measure of damages may be the diff
ference between the value thereof imme-
diately before the overflow and after the
repairs are made with the reasonable cost
of repairs and incidental loss of rent add
ed.
2. In an action to recover damages the
plaintiff is entitled to prove his loss un
der any proper theory as TO the measure
thereof.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09
d. A. VALENTINE,
Clerk Supreme Court.
No. 16,105.
The State of Kansas,
william Lard.
Appeal from Sedgwick Coun

Appeal from Sedgwick County
AFFIRMED.
Syllabus. BY the Court. Graves, J.
/ Where freight car loaded with
wheat, is standing upon the side track of
a railway company for the purpose OF be-
ing switched by said railway company,
loaded and. while the car is so situated.
wheat is stolen therefrom, the railway
company is the owner of the wheat taken,
to the extent that a charge of larceny un-
upon such ownership, will be sustained
2. Where the state furnishes the county
attorney with a stenographer who takes
nation for and under the direction of the
county attorney. and afterwards tran
scribes the same for the county attorney,
nesses, on the trial of the same case in
the district court, such transcript is not
public document. but is the private
property of the county attorney, and the
attorney for the defendant has no legal
right to the possession or use thereof.
8. 1t is not error for the court, where
minor is being tried for crime, to
prevent counsel from discussing when
stating the case to the jury, facts which
are immaterial. and evidently intended to
excite the sympathy of the jury, as, that
the defendants mother is a widow he is
good to her; industrious; and gives his
money to her; and that the punishment
fixed by law for the offense charged is
very severe.
in controlling the manner in which trials
are conducted before it. and reviewing
court will not interfere in the exercise
of such discretion unless the rights OF a
litigant are prejudiced thereby.
g. The evidence in this case examined
and found sufficient to sustain the convic--
tion.
All the Justices concurring.
true copy. "
Attest: d. A VALENTINE.
lSeal1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09
LEGAL

and the other for money had and receiv-
ed, although both are founded on the same
transactions.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeal1 Clerk Supreme Court
The Topeka state journal., 1909-03-09
No. 16. .14S.
The State of Kansas,

Robert Moore.
Appeal from Chautauqua County.
AFFIRMED.
Syllabus. BY the Court. Porter, j.
1. In a prosecution for murder 1t is not
error to permit amendments to the infor-
nation correcting the name of the de-
ceased, where the amendments are made
before the trial and in the presence OF
the defendant.
.. In a prosecution for murder where
the defense is self-defense, and there is no
evidence offered which tends to show an
involuntary killing and the court fully in
strUcts the jury on the second and third
degrees of manslaughter, 1t Is not error to
refuse to instruct on manslaughter in the
fourth degree.
8. Where an issue of fact involving the
qualification of a Juror in a criminal case
is raised by a motion for new trial. and
all the evidence upon the question is oral,
the decision of the trial court denying the
motion will be held conclusive If there Is
any substantial evidence In support there
Of
All the Justices concurring.
b. A true copy.
Attest: d. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09
No. Is, ,701.
Riverside Iron Works Company

NO. 10, 7Ol.
Riverside Iron Works Company
VS.
George K Green.
Error from the District Court of Wyan-
dotte County.
REVERSED.
Syllabus. By the Court. Smith, J.
Where a painter by trade, of mature
age. accepts employment which re-
quires him and many other employees. in
going to and from their work, to pass,
at an elevation of twenty-five feet. over
gang-plank. twelve feet long. twelve
inches wide and two inches thick. and
supported at one end by a steel frame
and at the other. by a. concrete abutment
to bridge. and. without complaint. he
and passes over such plank several times
each day and has full opportunity to see
that the plank is entirely unfastened at
either end, held, he has as full knowl-
edge of any danger from such crossing
as has his employer and, by continuing
in the employment, he assumes the risk
of danger therefrOm.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09
No. Is, ,90a.
Stella c. Beakey.

No 15,9A \
Stella c. Beakey. II
VS. u
Henry c. Schwitzgebel.
Error from PottaWatomie County.
AFFIRMED.
Syllabus. By the Court. Smith, J.
The owner of lands, OF which a tenant
of the owner was in possession under a
lease which would expire some months af-
ter the execution of the deed, executed to
a third person. who knew of the lease and
the possession by the tenant, a warranty
deed in the usual form with this provision
inserted: THE possession of said above
described premises to be given to party
of second part, her heirs and assigns, on
or before the LIST day of March, 1907.
which was the next day after the expira-
tion of the lease Held, under the cfrcum-
stances. the provision in the deed did not
obligate the grantor to remove the tenant
and place the grantee in possession of the
premises nor make the grantor liable for
the wrongful detention thereof by the ten-
ant after the expiration of his lease.
All the Justices concurring.
A true copy 70
Attest: d. A VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09
No. Is, $50.
T. NJ. Templeton, ct al,

T. NJ Templeton, ct al,
VS..
George Biegert. ct al. as Administrators,
Etc.
Error from Dickinson County.
REVERSED.
Syllabus. Blythe Court. Johnson. G. J.
/. A petition which alleges an agreement
of plaintiffs to procure a purchaser and
The Topeka state journal., 1909-03-09

FU%TS-EW s~r Sr0wsCP
~~~>~~~~~-~-~~~~~~~~~~|>-~-
MERCHANTS TRANSFER q STORAGE
Co packs. ships and stores household
goods. Tel 1e& Clarence Skinner 81
Quincy ST.
The Topeka state journal., 1909-03-09


The Uncle Sam Oil Company. ct al,
VS..
R. R. Forester.
Error from Montgomery County.
REVERSED.
Syllabus. BY the Court Benson. J
Where. in an action for damages for the
refusal of a corporation to transfer stock
upon its books upon due demand, the only
allegation respecting damages is that the
defendant converted the stock to its own