davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
The Bill VIII Finally Be
Carried to the Federal
Court at Washington
BY the Liquor Men.
There Is Also the Possibility Of an
Application for a Reheartng
: Before the Supreme Court Of
Alabama on Technical consti-
tutional Points Not Touched IN
Yesterdays Decision.

wide act has clear application to the
whole State"
The assailants Of the prohibition
statute declared that the act denied
equal protection of the laws. inasmuch
AZ the local acts. which were not re-
pealed, and the Statewide act. provid-
ed for different penalties.
In his opinion, Judge Anderson re-
ferred to the case OF woodward v.
skeggs, In which q former opinion was
rendered relative to the prohibition
law. He declared that this case show
ed the insistence on the point Of al
legged unequal protection was con-
strued as pertaining to the administra-
tive feature Of the law, and would not
lead to its constitutional invaiidity.
"we may add that" he continued.
''even II so much of the proviso as
pertains to the concurrent operations
and prosecutions hereunder IL void. 1t
could be stricken without impairing the
validity Of the rest OF the law"
Further evidence that the prohibition
law. was applicable to the entire State.
according to Judge Anderson, was the
fact that though the local laws were
passed subsequent In some instances,
TO the State wide act, It does not
change the State wide bill from q gen.
eral to local act
Complies with Consultation.
Touching briefly the alleged consti-
tutional violations. he stated that the
House Journal shows compliance with
Section 81 OF the Constitution, that the
amendment to the bill was entered at
length. as we'll as the names Of those
voting for or against the same.
Another contention r OF the ''antiia"
was that Section 10, OF the original
prohibition act, was stricken out. and
section, as set out on the Journal was
substituted. This, It was held. invaii-
dated the bill. Judge Anderson de-
ciared. however. thar the substituted
section was correctly placed between
and IL, and bore the proper number,
10. THE striking out" be said. did
not carry with It the number. The
snunber Ia not OF the contents or the
substance. and VIII refer 70 the substi-
tutsd section as vefitNoly A. slld a 60
the original"
The decision in the case Of Covlngton
w. Thompson, formerly rendered by the
Supreme Court, was cited, as not de-
cisive of the extent or application of
general Law.
CHIEF Justice Dowdell. and Justices
Simpson. benson. Mcclellan and May
field. concurred In the conclusion and
opinion of Judge Anderson, except as II
may have tended to criticise or qualify
the case Of Covington ". Thompson;
Justice Sayre concurred without quail
fication.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
THIRTEEN SCHOOL
BOYS DROWNED

Kamenetz. Russia. April 6--Thirteen
school boys were drowned near here
today as a result of foods that cover
ed the country.
They were on bridge over the Nor
itch river at the village of Irinina.
when the structure collapsed.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

New York. April 6.---yice- President
Jas. s. Sherman was In town for sew
eral hours today. having come down
from Albany where he visited political
friends last night. Mr.. Sherman ex-
pected to remain in the city. over night
and attend q dinner of the Staten is
land Club at St. George, but a slight
indisposition caused him to decide to
send his regrets and he left for WASH
tngton early this afternoon.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

injured and a Number of small build
ings damaged.
An appeal for assistance from the
Terrell plantation, near West Point.
stated that great damage resulted in
that vicinity. Several persons were
killed and others injured. Physicians
were despatched from West Point.
CIarksdale and Rich were other
ing damage.
Because of an interruption of wire
communication with the storm swept
territory confirmation OF many reports
of damage and loss of life cannot be
secured tonight.
Deaths 1T Aberdeen.
Aberdeen. Miss. April Give per-
sons are known to have been killed.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

to show that the prohibition law was
general law. applicable TO the entire
State. regardless of the fact that the
local laws. In effect at the date on
which the State wide law became
binding, were not repea.sd.
Judge Anderson referred to Section
ITO or the State Constitution. to show
by the definition therein, that the law
was general law.
II had been contended that the law
postponed operation in some counties
until January. 1909, while prohibition
became effective In others before thai
time, and that this discrepancy fnvali-
dated the bill Judge Anderson held
not.
1T was but . question of a few
months when III operated throughout
the entire state, and without the aid oil
any additional legislation Is plainly q
general law. undera the influence Of
state OK rel Brown v. Porter. 145 Ala
state OF being as a general law upon
the more liberal construction In Gov,
,ngton v. Thompson"
Confict I'm Laws.
Az to the seeming conflict In the 10.
cal laws and the Statewide law, which
the assaiiants contended rendered in.
VaiiU the HIQAl0EtitH SAhtutE, aho WtiitH
conflict was declared to be embodied
in Section IL OF the prohibition bin
which provides that the local laws be
not repealed, the assailants OF the bill
declared:
ST the proviso retains the local OF
special laws II must exclude this Law
from application to any territory, ex-
rcept which was not covered by the To-
cal acts
In fact much OF the contention Of
the .anti's" was based thereon-that II
the prohibition law. purporting to be
Stata-wide, did not cover every Coun'
ty. ana they declared II did not, by the
failure 70 repeal the local laws, Their
It became Invalid.
Judge Anderson held that the failure
to repeal the local laws was Of no sig.
uificance.
aIt merely prevents q repeal Of the
special or local acts, In so far as they
prohibit the sale or other disposition
he declared.
1.-THE act n auction lthe state-wid'
bfii) does n&pfe than prohibit q sale. y
il pg Oh iBtts ne Amanufacture a. well
and the proviso does not exclude IL
operation In any County. In 40 far a
Ii prohibits the manufacture. and tbs
local acts are retained as prohibitinl
the sale or other disposition.
'erhe local acts do not cover al
classes OF beverages. or all classes o.
violation. They are retained, then, q
fulfil the purpose for which intended
and the State wide act does not re-
strain, but rather extends to the fields
which the local acts do not cover.
Room for All Laws.
There Is field for the operation Of
both acts in every County The State
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

washington, April 1.-The news that
the British government has decided
not to permit Castro to land at Trim
dad, is In conformity with the under
standing of the state Department.
It Is said here that prior to the ex-
change OF Views of the several powers
interested in maintaining order in
Venezuela, Great Britain had shown a
disposition not to allow Castro to I'M
terfere with conditions established af-
ter his stormy reign.
Just what course will be taken TO
accomplish this is even now not known
here, but that II will be done effective
ly Is not doubted.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

Chicago. April e.--Hugh A. wetmore.
formerly well known newspaper
man. but of late years engaged In
the theatrical business, Is dead here
of congestion of the brain. He was
a brother-in-law OF Col. w. II. Cody
(Buffalo BILLY
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
NTGoMERY ALABAMA WEDNESDAY, 1sO9-FOURTEEN
ARE MADE
AGAINST CAZALAS'
OF CASE
AGAINST THE SHERIFF,

AUAANST IhE ShEhlFE.
The impeachment proceedings
against sheriff Frank Cazalas.
ST.. OF Mobile. resulted directly
from the lynching of Richard
Robertson. negro, who was
taken from the jail on January
20 by citizens of Mobile.
Robertson had. the day be-
fore. shot and killed Deputy
Philip Fatch. one OF the officers
OF Sherff Cazalas. who at
tempted to arrest him.
There grew rumors of Cara
las having knowledge Of the
pending lynching, and the
charge that the occurrence was
due to his negligence
Mobile Citizens requested
Governor Conner to institute the
Impeachment proceedings. Gov
ernor Conner. after an investi-
CATION and with a knowledge
of the grand jury report. asked
Of Attorney General CARRIER
that charges be drafted and
filed.
The Governor received
counter petition from Mobile.
expressing confidence In the
Sheriff.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
Cant. RelI Dies.

Gallipoliss o.. April Capt L. C
Bell known from PittsburR TO New Or
leans as a skin builder and civil war
veteran. died at his home in Racine.
o., last night from the effects of three
bullet wounds fired Sunday morning
with suicidal intent.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

Fort worth, Texas, April 81. A.
Harr. a farmer. residing near Haskell
shot his wife through the heart today.
killing her instantly. He claims he
had just returned from a hunting trip
and while ejecting the shells from his
gun, 1t was accidentally discharged.
the load striking his wife.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

Pointe Apftre, Guadeloupe, April g.
The steamer Guadeloupe, with Cipri-
ano Castro. the former President of
yenezuela, on board. arrived here to-
day from France. She will stay in
port over night AMID continue on her
way tomorrow.
Her next stopping place Is Basse
Terres Guadeloupe. Senior Castro ala
not come ashore here
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
Act Prohibiting Liquor In
Alabama Upheld By Supreme
Court; Comes as Surprise
No ExrnA SESSION.

BirminGfam. April e--fSpe-
cfal. -Governor Conner said to-
day that It was doubtful IL
special session Of the Legisla-
i furewou1d be called for some
4 time. Shines the Supreme Court
had upheld the prohibition act.
1.-THE action OF the Supreme
Court in declaring the prohibi-
: tion law valid will likely abro-
( Legislature for some time at
Least said the Governor. II
see no immediate necessity for
an extra session now"
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
win STOP I'm Martiniqae.

Paris April IA dispatch to The
Journal from Basse-Terre, Guadeloupe.
where the steamer Guadeloupe arrived
today, says that General Castro, learn
ing that he will not be allowed to
land at Trinidad. has decided to leave
the ship at Fort de France. Martin
intfN.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
Rnck Island Prcnltlrnt.

New York. April 6-R. A. jackson OF
Chicago was today elected President of
the Rock Island Company to succeed
Robert Mather. who resigned to become
the Westinghouse Electric ana Manu-
featuring Company.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

Marion. H.. April s.--Afany persons
were hurt and considerable property
was damaged by a tornado which
struck this city and vicinity today.
The storm came from the southwest
and was preceded and followed by
heavy rains. The monetary loss 10
$4,000.
The Marion State and Trust Bank
and a number OF Offices were partly
blown down. The African Methodist
Church was also wrecked. At Pitts
burg the Methodist Church was blown
down.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

the search among the wreckage OF the
depot began.
At midnight ave bodies OF those kill
ed had been recoyerediand four of the
injured.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

Kokomo. Ind. April CA destructive
storm struck this region tonight. At
Miami the Masonic Temple and several
other buildings were partly wrecked
by the wind.
The farm residence of Mrs. Gammons
was blown down and six persons were
caught In the. wreck and injured. One
daughter. Clara. was killed.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
CASTRO IS BARRED
WILL NOT LET HIM
LAND AT TRINIDAD.
Powers Fear Further Trouble In ven-
ezaeln amd Former PrcsidenN
May he Exiied From

Port OF spain. Trinidad. April s--At
the urgent request of the state De-
partment at washington. communicat-
ed to the London Foreign once. the
British government has decided not TO
permit Cipriano Castro, former Pres
ident of Venezuela. to land at Trini-
dad. 49,
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
WEATHER FORECAST.

Washington April 8.--FOr Alnbama-
Local showers Wednesday, cooler In
north portions Thursday fairJ moderate
south winds ON the coast.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
Judge Jones Reversed,

New Orleans, April 6.--(special.)--
The United states Circuit Court Of APP
peals today by majority opinion re-
versed and annulled the DEGREES OF the
Circuit Court OF the United states for
the Middle District OF Alabama and
dissolved the injunctions issued by
that court against the Alabama Rail-
road Commission and others In the ia
nous railroad rates cases which have
been the subject Of agitation and Bit
ter controversy In the state OF Ala
bama for the past two years. AT two
regular sessions and one special SEES
sion, the Alabama Legislature enacted
a number OF statutes regulating freight
and passenger rates to, be charged on
the railroads within the State. These
statutes were the fruitior Of the spirit
ed campaigns conducted for the reduc-
tion and regulation Of rates and recon-
struction OF the Railroad Commission.
the result Of which was the election OF
the present State administration. The
railroad companies concerned resented
the action of the administration In
causing the passage of what they re-
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
EXPLOSION AT SEA
WRECKS A STEAMER

Lorient.. France. April 6-An explo-
sion at sea of the coast wrecked the
Brazilian steamer Richard Paul
A pilot boat from concerneau saved
the crew. No details of the accident
are available
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
MANY FIREMEN ovERcoMn.

Thirteen Disabled By Fumes of Chem.
ieaIs.
Philadelphia, April 6.-Thirteen fire.
men were overcome by the fumes of
chemicals at fire tonight in the mill
Ing plant OF McIlvaine Brothers, .mans-
faoturers Of soap and insect powder.
The damage to the buildings and
contents is estimated at $4,000.
All of the injured flremen were re-
moved to a hospital, where, It is stated.
they will recover from the effect OF
the fumes.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

bama to pass upon the Jaws enacted BIZ
the Alabama Legislature.
The effect OF todays' decision win be
to remand the case to the lower court
at Montgomery for further. proceed
ings.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
MURDER OF MIR. HILL
OFFICERS ARE WORKING ON GE0R-
GIA MYSTERY.
Frsends of Macon Lawyer seoff at The
OryThat He Committed Suicide
Hold That sCri&ie Was
Planned.

McRae. Ga. April "a score Of de-
tectives. two deputy United states
marshals. and dozens OF friends of Pope
S. Hill, the Macon attorney who was
murdered here Sunday. have been I'M
able to get even a clue to his assas-
sins.
The belief that he was murdered was
greatly strengthened today when a
fracture of the back of his skull was
dealt with heavy oaxen bar which
was used to fasten the rear door OF
the office in which he was found dead
The officers. however, have not given
up the investigation and believe that
eventually they will clear up the mgs-
terry
The physicians who made the au-
topsy. while admitting that the frac-
ture of the skull might have been
caused by blow from the back. say
It also might have been the result of
the dead mans head striking the floor
as he fell after being shot. or from
the concussion of the bullet, which
struck the skull inside but did not
penetrate II.
Some people here think Hill COM
mitted suicide, but none can assign a
reason for 1t. The authorities are
convinced 1t was murder carefully
planned and coolly executed. They
are proceeding in their Investigations
ON this theory.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
AVERY BLouNT TRIAL.
Y.ousm,mna case May Go 20 the jury
To-day,

To-day.
anita city, La, April 6.--The end
~ the trial OF Avery BIount for the
killihg of '.Buz" Breeland. one Of the
three members OF the Breeland family
FOR whose murder Blount stands In
dieted, is expected to be reached here
tomorrow.
The state will present its closing ar
Eument when court opens at O'Clock
ana n Is believed the case VIII have
been given to the jury before noon.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

The Richard Paul left Dartmouth.
March 30 for Itajahy and arrived at
Brest, March 49,
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
Burial of Mr.. HIN.

Burial Of Mr.. Hill.
Macon, Ga, April 6.--Funeral SER
vices over the body of Pope Hill of
Macon were conducted this afternoon.
The body reached Macon yesterday at
ternoon and was met at the depot by a
committee from the Macon Bar Assoc
citation, OF which he was a member.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

There Is a held for the operation o
both acts in every County The State
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07

toonaaausa RI 20 ElEas.l
Lovelock tribune. (Lovelock, Nev.) 1898-1912, 1909-04-09
PASMORE TRIO AND
BUELAH GEORGE FAULL

Music lovers are taking quite an in
terest in the coming engagement ON
Wednesday April 14th at Young's Opera
House, of the famous Pasmore trio oi
nstrumentalistsand Mrs. Bculah George
Fault, the noted vocall-t Of San Francis
co.
The event will no Doubt he patronizcd
by the entire theatrc-going public OF
Loyelock. The Pasmorc trio, enjoy an
international reputation tor high-closs
recita's, and l.ovelock is f. rtunat, in be-
ing given the opportunity of hearing
them.
Mrs. Faull is native Of Nevada. and
is well known In " innemucca and Reno.
She joys the distinction of being one
of the finest singers in San Francisco,
and IS the leading vocalist in one of the
principal Church Choirs of that City.
Lovelock tribune. (Lovelock, Nev.) 1898-1912, 1909-04-09
PROMINENT NEVADANS
NAMED.FOR SUB
Committee ON
Mining

Three prominent Nevada mining men
have been appointed as a special SUP
committee of the American Mining con.
gress for tho investigation of forestry
conditions in this state. and to receive
complaints arising out of the rulings
OF the forestry bureau as they affect
mining operations. o. J. Smith, of
Reno, is chairman, the other members
being Capt. J. b. Menardi, of Reno, and
Frank J. Nicholas, of Carson City, who
is the state engineer.
The findings of this committee are
to be submitted to rhe Mining congress
in Denver, which will in turn take such
matters up with the head of the for
est service direct. Mr.. Pinchot has
pledged to the Mining congress his per
sonal consideration to all questions sub
mitted by it, and has expressed his
Willingness to grant reasonable conccs-
sions where the rulings of his depart
ment create hardship upon any en-
gagged in mining.
Specific complaints are invited, since
these may lead to such modification of
the forestry rules as will leave the
mining industry to the greatest posi-
bic extent unhampcrcd by restrictions
which delay mining development. AS
Nevada is a choice field for prospecting
and exploration, and as the obstacles Ito
economical and profitable mining in
many parts of the state are consider
able, all mining men who have just
cause for complaint against the forest
service are requested to send their com
plants to this committee TO the end
that the mineral development of Neva-
da may in no wise be retarded by any
undue restrictions of the forest service.
Lovelock tribune. (Lovelock, Nev.) 1898-1912, 1909-04-09
five Mile RUNNERS To
Line UP FOR Big
EVENT NEXT
SUNDAY

All arrangements have been perfect
ed for the five mile race to be run in
Aovelock next Sunday afternoon, for
purse of $100. The course extends
from line drawn across the west side
OF railroad street at the Mohawk sa-
loon, up Railroad street to Third street
10 z street, to the street between the
faylS and Mcintosh residence. Thence
10 nailroad STREET, to the corner Of the
Big Meadow MOTEL.
This distance travelled ten times will
make the hve mile course. The dis
tance is exactly five miles as measure
Cd off by the contestants and repre-
sentative OF the Lovelock Tribune. The
measurements were made from the cen
ter of the street, and a stake will be
drivn in the center of the street at
each corner, and all runners must pass
on the outside of the stake when round
ing the corner.
The judges for the occasion are W.
R. Chadwick, +. I. Gunnell and Tom
Hill. The starter is E. j. Gaynor, and
the timekeeper Lloyd Bridges.
The official entries are Bruce Mace,
Cisto Parks, Sam Davis, A. T. Bell and
l.. B. Snipes.
Lovelock tribune. (Lovelock, Nev.) 1898-1912, 1909-04-09
$40 VALUES UNCOVERED
in new find ON
OUTSKIRTS OF
LOVELOCk
STRIKE WEST OF TOWN
CREATES ECITEMENT
Strike Near Sims-Hin Strike Reported
Some Time Ago in The Love-
lock Tribune.

A strike made last Saturday in the
low foot hills, about five miles south
west of Lovelock, created much ex
citement here the fore part of the
week. P. N. Burns, engaged during the
past several weeks in prospecting some
claims he has there, opened up rich
looking ore shoot in ledge in which
he is operating, and on assay it gave
values running above $75 to the ton.
This property is located about mile
west of the Sims-H strike, reported
exclusively in the columns of the Love
lock Tribune several months ago. On
the SimsHill property, which was sid
under bond to l.. A. Friedman, four
teen foot trench was sunk down to
about twelve feet depth, and there ordi-
nary values obtained. Work, however,
did not continue on the property.
The strike made by Mr.. Burns gives
evidence of the rich character of this
section. His ledge lies between a
granite and lime f rmation and the
ledge matter in appearance resembles
blue lime. L. A. Friedman inspected
the property this week and gives fav-
orable report on it.
Lovelock tribune. (Lovelock, Nev.) 1898-1912, 1909-04-09
RICH STRIKE IS MADE
ON mountain VIEW
CLAIM At
JESSUP
Jessup, Nevada. April s. 1909.

Jessup, Nevada, April 5, 1909.
A rich strike was made here today on
the Mountain View claim owned py
Olaf johnson and associates. In the
i-foot vein which has been uncovered is
n stringcr of quartz which shows the
yellow metal very freely. This ledge
was tapped at a depth of 80 feet. No
assays have been made as yet, but the
eoncensus of opinion is that the ore will
carry exceptionally high grade values.
The Mountain View claim lies in the
vicinity of the King Solomon claim,
where the rich strike was made by
Murray and Jessup.
Stopping is in progress on the Eureka
group, and shipping product of $50
per ton being sacked.
On the Harry H. claim of the Jessup
Mines company's estate, the double
compartment shaft is being sunk to the
200.foot level as fast as men and mon
cy can sink it, HkNRW
On the double o mine the shaft has
reached depth of 100 feet. On the
north side of the shaft the northerlv
ledge is coming in. The quartz from
this ledge pans very freely and assays
will be run to detrmine the value of
the ore as soon as the ledge has been
cut, which will require little more
sinking. a station will be cut at tho
2OO.foot level, and the shaft will be
continued TO the 300-foot level, where
drifts and cross cuts will be run and
stopping commenced