davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1909-03-08
NORTH ALABAMA TRACTION COM.
 PANY V, DANIEL.

I
 Damages for Injury to Passenesr- ' tDectded June IS. 1sos.-As South
 6oo-(Rehearing denied December
 24. 1soS.)
 l. Pleading: complaint: certainty. separate cause of action-The com. pIaint in this case does not state sen arate cause of action, the facts set ont | being merely by way of aggravation. l connected with the failure to deliver | plaintiff at his destination; nor Is the complaint demurrable for being uncer- tain as to what act plaintiff relied on. or as to whether it was a servant of defendant by whom plaintiff was taunted, etc.
 2. Carriers: misconduct towards passengers-Where 1t appeared that plaintiff suffered no i'll effect of a se rious or permanent character and had been in the habit of taunting the mo- torman on former trips. a judgment for $1, T50, was excessive. on account of the company's failure to permit him to alight at his destina tion, and for indix- mites inflicted by the motorman and conductor. as a consequence of which he had to walk half a mile and was made nervous thereby. and insulted.
 B. Appeal and error: review; pre- sumptions-Although the record shows that the term was organized by the regular judge. in the absence of any, thing to show the contrary. this court will presume that the supernumerary judge. who presided at the trial ana signed the bill of exceptions, lawfully held court for the regular judge
 Appeal from Morgan Circuit Court
 Heard before Hon. A. H. Alston. Reversed and remanded. Opinion by Anderson, J.
 Tyson, c. J.. Dowdeli and Mcclellan. IT, concur.
The Montgomery advertiser., 1909-03-08
WANTED-BoARDERs.

FURNISHED rooms and board in private family, day board a speciality. SOP S. Perry Mrs A. C. Gloger. Phone 2207. -7-St
The Montgomery advertiser., 1909-03-08
wANTED-BoARD OR ROOM.

WANTED-First floor apartment unfur-
 nshed, four or five rooms. bath. hot and cold water; central located and in good repair Possession April lst Address Mrs R. R. Phillips, 112 8. Perry St, x
The Montgomery advertiser., 1909-03-08


 Violating Municipal Ordinance-(De-
 cided December IT. 1908--4S South.
 5s.)
 1. Evidence; res gestae; other trans- actions-Where a witness testified that he called the defendant from his room and paid him for whiskey he had bought earlier in the day. and told him that he wanted another pint. the court properly refused to exclude the state
The Montgomery advertiser., 1909-03-08
MISCELLANEOUS.

concrete building. speclat- ly built for all kinds of storage; bulk stor- age at reasonable rates: private rooms for
 Go. --1s-0
The Montgomery advertiser., 1909-03-08
WANTED.

WANTED-You to leave your orders for plano tuning with Seals Piano and Organ Go. guaranteed the best in the city. Phone sT.
 III Dexter Ave --i-7t
The Montgomery advertiser., 1909-03-08
FURNITURE.
TYPEwRITERs & SUPPLIES.

WHAT have you to say as part pay on a second hand or rebuilt typewriter. We sell and repair all makes. Southern Typewriter Exchange. Montgomery Ala
The Montgomery advertiser., 1909-03-08
LOST
MULTIoRAPH LETTERs.

etc. in facsimile of Derfscl done: names and addresses in-
 serted to match, ana envelopes Addre ssed
 where desired. N. |. Dayant Typewritsr Go.
 First National Bank Bldg. --tf PUBLIC Typewriting and Muitigraph work of the very highest quality turned out on short notice. Montgomery Stenographic and Reporting Bureau. 2a Vandiver Building Phone s2se. -tf
The Montgomery advertiser., 1909-03-08
WANTED-SALESMEN

wANTED-I5 experienced saleSmen in va rious parts of the State to sell our loan con tracts; good commission given. call on or write us. Southern Loan and Trust Co. Gel First National Bank Bldg, Montgomery
 Ala. -k-tf INTELLIGENT-Hust salesmen for magnificent new maps. Quick sellers Ex- traordinary chance for workers. State it you have had experience. Hudglns Compa- n.y. Atlanta. Ga --5-10'
The Montgomery advertiser., 1909-03-08
ENGRAVTN0-

wANTED-You to illustrate your ada with our cuts: they add 25 per cent to the Attractiv ensss of any ad: talk 1t over With The Advertiser Engraving Company.
The Montgomery advertiser., 1909-03-08
PICTURE GOODS.

Pictures. Easels. FTameA Mouldings. Glans. Brushes, Art Material. Paints. Water Col. ors. Tube Colors. Stationary. vass4-Ail these things and many more, Little Paint Store. II N Perry St. --4f
The Montgomery advertiser., 1909-03-08

ment concerning the payment for the whisksy previously bought. since 1t
 was part of the res gestas. and to have done SO would have left the sentence
 without meaning.
 witness may be asked. on cross exam
 ination, if he had not taken enough tn-
 terest in the prosecution to follow the proceedings before the chancellor on
 an application for reduction of bail. as
 tending to show his aninus for and
 bias towards the defendant. 3. Appeal and error: harmless error;
 exclusion of evidence--Where the wit ness subsequentIy described the ioca-
 ton of the rooms, tho error. if any, In
 refusing to permit him to state
 whether 1t was possible for any one to ret into the defendants room without passing through witness's room. was | rendered harmless.
 {. Municipal corporations: violating
 ordinances: conduct of trial--An appeal from a conviction in the Recorders Court to the City Court for the viola ton of an ordinance is still the same case. and governed by the same rules
 as to the admissibiiity of evidence, and
 the proof necessary for conviction,
 although the trial is de noyo. 5. Words and phrases; "Quasi. -The ters "Quasi' marks a resemblance and ooppoS~5 q oAhSAc chSos S&AN VI ~s~- '~'~ definite.
 6. Municipal corporations; violation
 of ordinances; prosecution; nature of proceedings-Although not strictly | within the definition of a criminal case. because not against the State in its | sovereign capacity, . prosecution In
 the Circuit or City Courts for the vio-
 lation of . municipal ordinance par. | takes of the nature of a criminal pros- | ecution, and Is subject to the saane rules of evidence. and this is especial | ly true where the offense 10 punishable . | by Imprisonment or hard labor. and the rule that to justify . conviction, the evidence must establish guilt beyond q | reasonable doubt. is applicsble on a trial de novo in the City or Circuit Court on appeal from a conviction in
 the Recorders Court for violation of a municipal ordinance.
 '. Witnesses: competency: husband and wife--The wife of defendant is not a competent witness in his behalf | ina prosecution for violation of Q mu- nfcipal ordinance in the Circuit or City l Court. on appeal from g. conviction in
 the Recorders Court.
 Appeal from Anniston City Court. Heard before Hon. Thomas W. Cole man, Jr.
 Reversed and rsmanded. Opinion by l Simpson, J.
 Tyson, C. j.. powdeu and Denson, J. J., concur.
The Montgomery advertiser., 1909-03-08
,oiic. regulation both by day and

have police regulation both by day and by night.
 {. Same; municipalities-The courts take judicial knowledge of fact that . town Is incorporated and the date of it's incorporation. but not that such town has police regulation both by day and by night.
 Appeal from Jefferson Criminal Court
 Heard before Hon. S. L. Weaver.
 Reversed and remanded. Opinion by Denson. J.
 Dowdell, Anderson and Mcclellan. JJ.. Concur.
The Montgomery advertiser., 1909-03-08
M'DANIEL V. CAIN, Malicious Prosecution and Fals

Malicious Prosecution and False Im- prisonment Decided November
 1s. 1sOs-4s South. 62.)-(Rehear-
 ing denied December 24. 1e08.) l. Affidavit; disposing of property on which another has a lien--An am davit charging that affiant had prob- able cause for believing and did be- lieve that. within ten months before the filing of an affidavit. the defendant (plaintiff here) removed and sold or disposed of lint cotton. to hinder and defraud affiant on which afiant held a landlords lien for advances during | the year 1906. with the knowledge of l the existence thereof, which offense had been committed within the county | etc. Is not void. 2. False imprisonment; pleas--Pieas to a false Imprisonment count in the complaint, which set out the afidavft | and the warrant, are not demurrable as for a failure to show that plaintiff was arrested for what was legally a | criminal offense on valid warrant, or | because the affidavit attempted to charge an offense in the alternative | 3. Affidavit: defects.-Where an af- | hdavit designated the offense accord 1 ing to the statutory caption, the fact | that an indictment similar to the am davit would not have been good against demurrer. does not render the | affidavit void.
 1. Appeal and error: harmless or | TOT; ruling on pleaded--where plaintiff | was under the necessity of proving the averments. attacked by demurrer in order to establish a prima facie case, which he did without dispute, 1t was harmless error to sustain c demur- Ter to such complaint.
 5. Same-If not entitled to recover on the merits. plaintiff could not re- cover for counsel fees. and where plaintiff was properly disallowed any recovery. the sustaining of a demurrer to the complaint SO far as sought to recover counsel fees was harmless.
 3. Landlord and tenant: lien: who entitled-A mere rental agent of the owner of the land is not entitled to a Hen on the crops for advancements made to a tenant.
 '. Malicious prosecution: wrongful, prosecution-Where defendant did not have a landlords lien against plain tiff for advances made, a prosecu- ton against plaintiff by the defendant for an alleged wrongful sale of the crop to the prejudice of .defendant's lien. was wrongful.
 8. Same: malice: question of fact Where defendant advanced certain moneys to plaintiff and believed that he had a lien on the crop there for. and instituted a prosecution against the plaintiff for the alleged wrongful sale of the crop to the prejudice of his lien. whether or not he was actuated by malice In so doing. was a question of fact to be determined by the court sitting without jury
 Appeal from Morgan Circuit Court,
 Heard before Hon. D. W. Speake.
 Affirmed. Opinion by Anderson. T.
 Tyson. c. J.. Dowdell and Mcclellan. J. J.. concur.
The Montgomery advertiser., 1909-03-08

bhOMbERG vs. EUGENOTTO CON-
 STRUCTIoN CO. EFT AL. Mandatory Injunction for Perormance
 of Contract.-(Decided December
 IT. 190S.-48 South. 60.)
 1. Specific performances: character of contract-Equity will not enforce the specific performance of contract, having such terms and provisions that the court could not carry into effect its decree without some personal super vision and oversight over the work to be done, extending over a considerable period of time.
 2. Equity: Jurisdictions; how deter mined-Whether or not equity has ju- risdiction to entertain a bill will be determined from the facts stated there in, and not from the prayer for re- lief.
 3. Injunction: grounds of relief; fu- tility--An injunction will not be grant ed to restrain the violation of a con- tract when the violation was complete at the time the suit was brought, since the injunction would be futile.
 4. Injunction; mandatory injunction; |; discretion-A mandatory injunction will not lie to enforce a contract where It's enforcement would necessftate the exercise of skill and discretion, 1t not being feasible for the court to super wise the work.
 5. Specific performance; relief; com pensation> in lieu of specific perform ance-Where the contract Is of such a character that equity cannot or will not specifically enforce it. 1t will not award damages for its breach; the complainants legal remedy being ade- quate and no special equities existing which require such incidental relief.
 Appeal from Birmingham Citv Court
 Heard before Hon. c. c. Nesmth.
 Affirmed. Opinion by Dowdell. J.
 Simpson, Denson and Mcclellan, JJ.,
The Montgomery advertiser., 1909-03-08

KUMPE. EFT AL, vs. BYNUM, EFT AL Bin to Restrain Board of Revenue
 from Appropriating County Funds
 Towards Erection of High School
 Buiiding.-(Decidsd December 15,
 19OS.--48 South. 55.)
 l. Counties; dennition--A county, as a corporate organization. is a govern mental agency of the State, and in a sense. a municipal corporation.
 ?. Equity; misappropriation of coun- ty funds; Jurisdiction to restrain Equity has jurisdiction by injunction, at the suit of a tax payer, to restrain mfsappropriation of county funds by county officers.
 3. Boards of revenue and commis- sionsr's court; appropriations; high schoois-Boards of revenue or county commissioners are without authority to appropriate the funds of the county to- wards the erction of . building for the high school created by General Acts. 1907. p. 72S; Sections 13s-134. l3S and 1SS, Code 1907. relate only to school houses to be owned by the county. and not to the school houses provided for by General Acts 1907, D. 72s.
 Appeal from Lawrence chancery Court.
 Heard before Hon. W. H. Simpson.
 Affirmed. Opinion by Dowdeil. J.
 Tyson, c. J., Simpson and Denson, JJ., concur.
The Montgomery advertiser., 1909-03-08
FOR RENT-sToRES.

STORE FOR RENr-Now occupied by Wolff Furniture Co.,. No. 90 Commerce 25xl50 feet two stories and basement. possession given April first. apply on premises.
The Montgomery advertiser., 1909-03-08
FINANCIAL.

real estate and Montgomery county kArm land J. C Hardaway O.. kos Bell Bldg. Phone 1855. -2T-0
The Montgomery advertiser., 1909-03-08

BPS 900 % TO LEND-On city or farm real estate no broakerage: expenses small See pr phone Geo. Stowers; Attorney at Law. VI -24-d-eK-su.
The Montgomery advertiser., 1909-03-08
WANTED-AGENTS.
WANTED-TO BUY.

wANTED-To buy clean cotton rags TOT wipinx machinery. The Advertiser Co.
The Montgomery advertiser., 1909-03-08
FOR RENT-RESIDENCES.

FOR RENT-New s room cottage. large garden. or chicken yard. in good neigh borhood and close to car line; s12.s0 Der
 month Ivey Realty Securities Co, 1A s.
 Perry St., Phone 37A. --lA-tf FOR RENT-On East Washington St, be- tween Hiliard and Garrison. two cottages: one three rooms. $9 month. the other, Ave rooms. $l2.50 month. Phone 1o04. -sun-ts
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
KANSAS STATE NEWS
ala DRAINAGE District Started.

Professor w. c. Hoad of the Uni
versity of Kansas, has been engaged
by the farmers along the Delaware
river In Jefferson county to make a
survey of one of the largest drainage
districts yet organized in Kansas.
The district which it is proposed to
drain is rs miles long and stretches
from Valley Falls to Perry. 1t is said
when the work, which is contemplated,
is completed, several thousand acres
of the most valuable agricultural land
In the state will be reclaimed from
annual flood which for many years
have destroyed the crops along the val
ley OF the Delaware river. The farm
ers of the valley estimate that the loss
to crops in the last three years has
been 100000
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02

Sheer white goods, In fact, any fine
wash goods when new, owe much Of
their attractiveness to the way they
are Numbered, this being done in a
manner to enhance their textile beau
ty. Home laundering would be equal.
ly satisfactory If proper attention was
given to starching, the first essential
being good Starch, which has sufficient
strength to stiffen, without thickening
the goods. Try Defiance Starch and
you will be pleasantly surprised at the
improved appearance Of your work.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02

lm's Vegetable Compound is the most
8 ccessful remedy for all kinds of
f, male troubles, and I feel that / can
never praise it enough. Mrs. LIZZIE
HOLLAND, Noah, KY.
The Changeof Life Is themostcritical
period Of a woman's existence, and
neglect Of health at this time invites
disease and pain.
Womeneverywhere houldremember
that there Is no other remedy known to
medicine that will so successfully carry
women through this trying period as
Lydia e. Pinkham's Vegetable Com
pound, made from native roots and
herbs.
For 80 years it has been curing
women from the worst forms of female
ills inflammation, liberation, dis
placements, fbroid tumors, irregulari-
Ties, periodic pains, backache, and
nervous prostration.
If you would like special advice
about your case write a cOnfiden-
tial letter to Mrs. Pinkham, at
Lynn, Mass. Her advice is free,
and always helpful.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
PAINT DURABILITY.

The first thought in painting should,
Of course, be durability-and dura-
bility means simply pure paint prop
erly applied. Pure paint is pure
white lead and linseed oil with or
without tinting materially.
Some years ago the paint-buyer was
likely to get adulterated or counter.
felt white lead If he was not familiar
with brands. To-day he may buy
with perfect safety if he only makes
sure that the Dutch Boy Painter
trademark is on the packages of
white lead that he buys. This trade.
mark was adopted by National Lead
Company to distinguish the pure
white lead made by them from the
worthless adulterated and fake goods.
1t is guarantee as valuable to the
HORSEPOWER as the education of a
paint expert could be.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Tho Ever Changing Waist Line.

Consider the mental agility 1t takes
to keep up with ones waist line. One
goes to bed at night In the sweet assur-
ance that 1t will be under the arms fol
the next two or three months at any
rate. and awakes to learn from the
headlines in the morning papers thai
waist line Is positively at the knees
There Is absolutely no use in prognos
ticating anything about 1t any longer.
That the waist line occurred at the
waist was an axiom accepted as un
questionably as that the earth revolves
on its axis, but in these days Of higher
criticism is likely to be anywhere. II
bloweth where 1t listeth.-Mrs. Wilson
Woodrow, in American Magazine.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Gender.

The other evening Miss Y, maiden
lady Of uncertain years, suspecting
the cook was entertaining her beau
downstairs, called Martha and in
quired whether she did not hear some
one talking with her.
"Oh, no, ma'am," cried the quick
witted Martha; ut was only me sing
ing a pslam."
Very good" returned Miss Y. sig.
niflcantly; you may amuse yourself
with pslams, but let's have no hims."
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
WEEDS Her Rich Stepfather.

Social circles In Pasadena, Cal.
learned with amazement the other day
that Miss Katherine Traphagen has
become the bride of her stepfather,
Cyrus M. Davis of Los Angeles. Miss
Traphagen lived with her sisters in
Altadena and was one of the promi-
nent members of the Young Women's
Christian Association, being director
of it's short story club.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Council Groves BID Elm Tree.

There is a large elm tree situated at
Council Grove that is as large as any
in the state. It measures II feet 2
inches around the trunk, is 10 feet
high and its branches cover and
spread for IS feet. The tree shades
5,4O0 square feet of ground at the
same time. The tree is feet inches
In diameter. Charles Young and j.
R. King measured the tree Sunday
and think 1t the largest in this part
Of the country.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Early to Bed.

The man who makes it the habit
of his life to go to bed at nine o'clock
usually gets rich and is always reli-
able. OF course going to bed does
not make him rich--I merely mean
that such a man will in all probabil.
ity be up early in the morning and
do a big days work, SO his weary
bones put him to bed early. Rogues
do their work at night. Honest men
work by day. It's all matter of
habit and good habits in America
make any man rich. Wealth is a re-
suit of habit.-John Jacob Aston.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Farmer Sells Blue Grass Seed.

Recently an Atchison firm paid D.
F. Luellen $1,S63 for the blue grass
crop from 40 acres Of land. Besides
the $50 bushels sold Mr.. Luellen has
IL bushels reserved for seed. His en-
tire crop of 592 bushels will net him
$45.60 per acre after the seed is
cleaned. 1t tested per cent, which
is considered very good test this
year. The blue grass was raised on
the Il. Wolfey farm, east Of Wells
Vile. In 1901, Mr.. Wolfley received
$51 an acre from seed sold from the
same farm.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02

The extraordinary popularity Of fine
white goods this summer makes the
choice Of Starch matter Of great i'm
portance. Defiance Starch, being free
from all injurious chemicals, is the
only one which is safe to use on fine
fabrics, 1t great strength as a stiffen-
er makes half the usual quantity of
Starch necessary, with the result of
perfect finish, equal to that when the
goods were new.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
A Walters Unexpected Luck

Charles Eagen, waiter in a restaur-
ant at Hutchinson awoke recently to
and that the quarter section Of land
he filed on in Oklahoma is worth $35
n acre. Eagen had almost forgotten
that he held deed to the land as he
considered 1t worthless. He left for
3uymon, Ok, to sign final papers in
a sale.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
New Park For Lawrence.

W. r. Sullivan of the Lawrence
street car company, announced that
the company would build a park in
Lawrence near Oak Hill cemetery in
the south part of the city. An option
has been taken on so acres Of land
which is one of the most beautiful
sites around Lawrence.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Didn't Know It Was Loaded.

Rex Bunnell, Of Canton was acct
dentally shot through the calf of the
leg, with revolver while visiting at
tn home of friend, Eli Lagree, In
Moundridge. It was another case of
didn't know it was loaded" Mr.. La
gree was showing him young arsenal
which he had purchased to be used on
Canadian hunt, when the accident
happened. Rex is getting all right,
and viii soon recover.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Phone and Autos Save Farmers Home

The efficiency Of the automobile
and the rural telephone probably
saved the farm house, wheat granaries
nd stock at the W. ]. Sponster farm
six miles southeast of Hutchinson.
fire that started in meadows near the
mouse, burned four acres Of hay land,
but was extinguished after an hours
fire fighting by about so farmers.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Decidedly Ratified.

Of an lrishman, named Dogherty, a
speaker of rare eloquence, the follow
ing amusing story is told: After one
of his speeches he asked Canning
what he thought of it. "The only fault
! could find in it" Canning answered,
was that you called the speaker Sir
too often" my dear friend" said
Dogherty, "if you knew the state |
was in while speaking, you would not
wonder If had called him Ma'am ~ "
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
With a smooth iron and Defiance

With a smooth iron and Defiance
Starch, you can launder your shirt
waist just as we'll at home as the
steam laundry can; 1t will have the
proper stiffness and finish, there will
be less wear and tear Of the goods,
and 1t will be a positive pleasure to
use Starch that does not stick to the
irnr
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02

no cure for me, and was given up to
die. Being urged, used Doan's Kid
ney Pills. Soon I was better and in a
few weeks was about the house, well
and strong again"
Sold by all dealers, so cents a box,
Foster-Milburn Co.. Buffalo. N. Y.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02

Rough on Rats, unbeatable exterminator
Rough on Hen Lice, Nest Powder, 25c.
Rough on Bedbugs, Powder or Liq'd, 25c.
Rough on Fleas, Powder or Liquid, rs.
Rough on Reaches, Pow'd, 15c. ,Liq'd,25c.
Rough on Moth and Ants, Powder, Csc.
Rough on Skeeters, agreeable to use, Csc.
G. s. Wells, Chemist. Jersey City, N. ].
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1909-09-02
Didn't Go Near the Water.

Have you caught cold, dear?'
Just little cold, mamma"
Have you got your feet wet lately
my dear child?'
why, got one just a wee bit wet
when in my bathing suit the other
day, mamma. "-Yonkers Statesman.