davidaulloa/AmericanStories huggingface dataset:
Norwich bulletin., 1909-11-19
A REcRETrAeLE INCIDENT.

Had the cattle commissioner urged the passage of laws which would pre- vent the importation into Connecticut of diseased cattle. he would probably have been favored with such legisIa- tion as he desired, by the general as- sembly. It is a lamentable state of affairs, indeed, when government in- !. tervention is necessary in behalf of the health condition of a progressive state. Two years hence such cattle laws should be made as will make it impossible for Connecticut to become a dumping ground for rejected food animals.-New Haven Palladium.
 Perhaps. But the conservatism that rules in such things Is past finding out" A man who owns few cows and other cattle doesn't want in reference with his property-often- times. And 1t is astonishing how much sympathy with that sentiment prevails in legislative action. Doubt less Commissioner 'AverilI knows the possibilities of the situation as well as any other man and better than most others.-Bridgeport Standard.
 The Bulletin concurs with The Standard in it's opinions; but there is no doubt that it always becomes a public official to register words of warning and wise words of recommen- dation whether the legislators will heed them or not. It is fully as inn portant that an officer should be con- scious of his duty and do it, as to know and understand the opposition to protection or progress. The action of the government is not compliment sry to the state and the incident is as regrettable as it is mortifying.
Norwich bulletin., 1909-11-19
All Dental Work
nov10MWF

can be done without pain by Dentists who KNOW HOW. We pride our selves on KNOWING HOW. Good Dental work nowadays is only possible by Dentists of experience. We have been 20 years gaining that. Each of our staff of operators has made some branch of Dentistry his particular speciality for years, and whether you need filling, crowning, extraction or bridge work, we have a SPECIALIST to do it for you, and do 1t positively without pain, and at from one-third to one-half the prices prevailing at other offices for the same quality of work.
 IT WILL PAY you to investigate and consult us before going elsewhere We make no charge whatever for ex- animation and advice.
 Sets of teeth that fit, from $500
 Gold Crowns, 22 karat, $500.
 Bridge Work Special Jour own sys- tem), absolutely impossible for teeth to break of, $500.
 Filings from soc.
 All work guaranteed for 10 years.
Norwich bulletin., 1909-11-19

The latest models in black, OK ford and fancy, made up in ker- sey, frieze and melton.
The Montgomery advertiser., 1909-01-19
FORMALLY SWORN IN
ARE yUsTrCHs SIMPSON AND MAY
 FIELD.
Take Oath of Allegiance to Unitea stnses ana to Uphold constttu- ton of AIabama--Mr. Wai-
 1aeega Oath,

Justices J. J. Mayheld and R. T. Simpson were Monday morning at 10 o'clock formally sworn into office by Robert F. Ligon. IT,, clerk of the Sue pretne Court. and the oaths formally recorded in the office of Secretary Of State Frank N. Julian.
 The ceremony was a short one and oral. It, however, embraced two parts, the first part in which the jus tices swore allegiance to the United states and the second part in which it Is sworn to uphold the Consultation of the State of Alabama
 With the taking of the oath by Jus tice Mayfeld. Justice Jonathan Haral- son severed his active participation in affairs of State, a participation which has continued over a period of fifty years, the past fourteen of which have been upon the Supreme Bench.
 The court handed down yesterday certain decisions in which Justice Haralson was interested before the swearing in of Justice Mayfeld, in or- der that Justice Haralson's name might be attached to the opinions. The terms of Justices Simpson and May field will be six years.
 Hon. John H. Wallace, IT,, was yes terday sworn in by the Secretary of State to the office to which he was elected last November, State Commits sioner of Game and Fish. The oath of office was taken in the Secretary of States office. the term of MT. Wal lace being for four years.
 Mir. Wallace succeeds himself as commissioner, his first term of office having been for two years, he being appointed to the office by the Legis- lature.
The Montgomery advertiser., 1909-01-19

when the gate. maintained at the Lower Wetumplxa road crossing by the Seaboard. collapsed, striking him on the neck and tshonlders. as the com plainant claimed, inflieting, injuries that were not only painful and tenn porary disabling. but which resulted in permanent impairment of his hearing
 The contention, however. was not maintained by the jury. and the ad- verse verdict was brought. favoring the railroad.
 The case of the railroad was the only one tried in the City Court dur ing the day, though action was taken on several matters. dismisstng or con. tinuing them.
 The Circuit Court also rushed through an unmomen .ous session Mon- day.
The Montgomery advertiser., 1909-01-19
RELIGIOUS CENSUS.
Great Work WfIl Be Done In New
 Orleans.

Great Work wnI Be Done In New
 Orleans.
 New Orleans. La.. Jan. 1s.---Nethods very much resembling the organiza- ton of political campaigns will be followed by the church workers Of this city in taking a religious census next Saturday.
 There will be ward bosses and pre- cinct leaders. and each win have his cohorts, and there will also be q church in every ward of the city which will be the ward headquarters for the reports of the workers.
 The primary object of the work Is to increase the attendance at the sum day Schools, but back of this is the it is said for an evangeI- ical campaign. which Is to be com ducted this spring.
The Montgomery advertiser., 1909-01-19

only reliable and certain for Contagious Blood Poison based the treatment of few of
 the disease extends period of more
 which thousands thousands found by vegetable remedy first a bso particle the virus Contagious Blood Poison Iteanses Pues the the trouble Then nature rh healthy blood supply quickly nCyaes and renews the ucated mouth and throat skin eupons dscood spiothes falling hair disappear leaving the body entirely free Oftis iniou poison When purified the circulation there danger ot any blood and the of the disease renoved Home containing valuable and helpful suggestions themselves with S. s. and medical "N''' THE SWIFT SPECIFIC CO.,. ATLANTA. GA.
The Montgomery advertiser., 1909-01-19
nuMBER MANUFACTURERS.
Makers of Yellow Pine to Meet in New
 Orleans.

Makers of Yellow Pine to Meet in New
 OrIennR.
 New orleans. La, Jan. 1s.-The Yel- low Pine Manufacturers Association, embracing several hundred of the leading lumber mills of America. will assemble here tomorrow for a>conven- tJon to continue for three days.
 Among the subjects to be discussed are the following:
 Values. present condition of stocks ana trade. future outlook, orders on hand. forest conservation. advertising yellow pine and export demand.
 The Times Democrat says:
 The reports of the secretary will show that the mill trade during the past year has been dull but that the nrospects for the current season are thought to be good. The net decrease Tn inc cut for the eleven months of 1908 was 23O,GOO,e72 feet. and the total amount shipped was S72.4s2,s4s. The decrease in tbe stock vas 3o2,32B. .7S2 feet, and the average of mills operat. ing was 329.
The Montgomery advertiser., 1909-01-19
LOSS OF DAMAGE SUIT
 BROUHT BY JOHN ANDREWS
Was Struck By Gate Of seabOard As Was Alleged.

Remaining out less than an hour, the jury in the case of John Andrews against the Seaboard Ar Line Rail- road Company Monday afternoon re- turned a verdict favoring the rail- road.
 Andrews. an employe of the Louis vile and Nashville Railroad. had sued the Seaboard for S5.O0O for damages, followed alleged injuries resulting from the collapse of gate main tained by the road. under which he was caught. He, employed at the round house of the Louisville and Nashville Railroad. was returning from work one afternoon it was alleged.
The Montgomery advertiser., 1909-01-19

existence in fact of such reasonable grounds for . contest, essential to rem der the plea good. q. Compromise and settlement: aRreementi consideration.--In the ab- sence of reasonable grounds for con testing will. andNwhere no suit in- voiving the validity of the will was pending between the parties, a promise made In settlement of the controversy as to the validity of the will was with out consideration and void =
 3, Estoppel; acts constitutins.--A failure to contest a will induced by the promise of the sole beneficiary therein. In the absence of reasonable grounds for contest. is not sufficient to invoke the doctrine of estoppei against the promisor.
 [. sanne.--where no valuable right Is parted with and no injury is sus- tained. as a general rule there can be no Nestoppel in pals. s,. ! Appeal from Barbour Chancery Court.
 Heard before Hon. Lucian D. Gard ner t-.
 Affirmed. opinion by Dowdell. J.
 Tyson. c. J.. Anderson and McClel- Ian JJ., concur.
The Montgomery advertiser., 1909-01-19
addition to the Watkins rnArmary that will cost 3l,so0.

The Police Commission will meet to- night in Mayor Teagus's oflce for the purpose Of eiecting several new patroi- men to the force to i'll vacancies. The Commission meets the first day in ev- cry month, but is subject to special call meetings
 officers H. s. Brady and c. L. Berry have handed in their resignations.
The Montgomery advertiser., 1909-01-19

MITCHELL EFT AL vs. ALLIs. Bill by Widow and Minor Children to
 have Proceeds of Life Insurance
 Policy Exacted to Them From Ad-
 ninistration and the Payment of
 debts. (Decided Nov, 26. 1eos.--
 q South 750.) Exemptions; Insurance policy; right of widow and minor chlld-Under the provisions of section 1907. Code 1896, the proceeds of an insurance policy is- sued on the life of the insured and pay able to his executors, administrators or assigns. although payable to his estate, is exempt to the widow and minor children. or either. from the claims of the creditops Of the estate. Appeal from Jefferson Chancery Court.
 Heard before Hon. A. H. Benners. Reversed and rendered. opinion by simpson, J.
 Tyson. c. J., Anderson and Denson, U. concur.
The Montgomery advertiser., 1909-01-19
GARDEN. EFT AL vs. HOLLEY. Malicious Prosecution. Decided Nov. 2A 1903 s--47 South 7fel


 GARDEN, EFT AL vs. HOLLEY. Malicious Prosecution. Decided Nov,
 2e, 1e0s.--47 South 7i6)
 1. Principal and agent: liability of principal for prosecution; evidence.-- Where 1t appeared that the person who made the affidavit was not c member of the firm, but was a young man without property employed by defend- ant to keep the books and receive the money paid in at the store. 1t was proper to admit evidence of the fact that such person had Instituted suit in the name of the firm and collected money on them by check payable to the firm, on the issue of whether or not he was defendants agent in instituting the prosecution; it being eontendej by plaintiff that the transfer to him by plaintiff of the claim forming the basis of the prosecution being merely to re- lieve defendant from liability on ae. count of the prosecution.
 3. Same.--Under the facts in this case whether or not the person who insti- tuted the prosecution was acting as the agent of defendant with their know ledge so as to render the principal liable was one for the jury to deter. mine.
 Appeal from Jefferson Circuit Court.
 Heard before Hon. A. A. Coleman.
 Affirmed. Opinon by Simpson. J.
 Tyson, C. J..s Denson and Mcclellan. u, concur. =.
The Montgomery advertiser., 1909-01-19
CITY HALL BRIEFS

The dog tax tags have come, the box containing them has been received in the office of the City Clerk and the H. cense book for the dogs Is open to those who wish to save their seeing Montgomery.ca .cars-for -fieas from a wa- tery grave. The new license on dogs Is to be enforced at once, there will be no time allowance, the order Ia to get the tag and pay. the license, and if 1t Is not obeyed, the dog catcher will take "Towser," "Beppo," "Rollo." Pup" Rover" and Moreover" The last name being that of Lazaruss dog" says MT. Cowan. It's the Bible name for them. the only dogs name men toned in the Bible. Don't you remem- ber, Moreover the dogs came and lick ed Lazaruss sofesT"
 Anyway, It's pay up or lose the pup w. B. Fuller. local merchant, Is first citizen of Montgomery who ever paid tax on a dog. He got two yester- day.
 Citizens are beginning to wake up to the fact that the street tax is fact and not something to be discussed. A surprising number have paid already and the city ofice is much pleased with the result but all the same there is a list of names of those who are to pay which will be delinquent very shortly, and the moment 1t Is the policemen will be furnished with list each with instructions to take the delinquent, no matter where he may be, and carry him to Jail.
 The penalty for failure to pay Is six days on the street gang and a fine of Sl0 and costs. Then the delinquent will be released. If he does not. pay within the next twenty-four hours he win be re-arrested and sentenced to twelve days on the street and fine of S20 and costs. and so on 1t will go, doubling each time. This measure will be rigidly enforced, the city needs the money. R. D. Lee of West End is the first citizen who has paid his street tax.
 An application was made in the City Engineers ofice yesterday to make an
The Montgomery advertiser., 1909-01-19

3. Husband and wife: wife's separate estate; effsct of reiiuquishmeut or marital right by husband.--where the husband. by anti-nuptial written agree ment relinquishes and renounces all interest in and control of the property of his intended wife. such agreement destroys all of the incidents which the statute attaches to her separate es- tate. and converts the statutory sepa- estate over which the wife has all of the powers of feme sole.
 Appeal from Tuscaloosa County Court. H
 Heard before Hon. H. B. Foster.
 Affirmed Opinion by simpson, !.
 Tyson. c. ]. Anderson and Denson. JJ.. concur.
The Montgomery advertiser., 1909-01-19

SHOOK, ct al. v. SCOTT. Damages for Depreciation by Stock
 lDecided Nov. 25. 1sos.--47. south. 73D. s
 Stock law; adoption; change of pre- cinct lines; effect.--Where two adjoin- ing precincts held election under the General Stock Law Act to determine whether or not stock couuid be pre- vented from running at large, one of which precinct passed the stock law by majority vote, and the other re- jected the stock law by q majority vote, and the county commissioner. after such election, chauged the lines between such precinct. placing In the stock law precinct territory formerly embraced in the adjacent non-stock law precinct the stock law operating in the stock law precinct did not be- come operative over the territory taken from the adjacent non-stock law pre-. cinct
 Appeal from Jackson Circuit Court.
 Heard before Hon. w. W. Haralson.
 Affirmed Opinion by Densort J.
 Tyson. c. T.. simpson and Mcclellan. JJ.. concur.
The Montgomery advertiser., 1909-01-19

JONES V. HINES. Damages for Permitting Stock to Run at Large.--Decided Nov. 2s. i90S.--. 47 South. 73e). 1. Municipal corporations; ordinances;
The Montgomery advertiser., 1909-01-19
MAXWELL, ct al, v. ZIMMERMAN. Ejectment.-- Decided November 25

E1ARWE ELL, ct aII v. ZIMMERMAN. Ejectment.-- Decided November 25,
 1908. 47 South, 723.)
 Signature; use of mark; execution of mortgage --Where~ a mortgage is executed in the presence of and by the direction of the mortgagors. who touched the pen when the cross mark was made, such execution Is valid un@ der Section 9S2, Code 1898, although such mortgagors could neither read nor write, and the words, ''his mark" signature.
 Appeal from Fillmore Circuit Court.
 Heard before Hon. A. l.. Alston. Reversed and remanded. Opinion by Haralson. J.
 Tyson. c. J., Simpson and Denson. JJ., concur.
The Montgomery advertiser., 1909-01-19
INTERNATIONAL HARVESTER co.

INTERNATIONAL HARVESTER co.
 V. GLADNEY. Assumpsit.- Nov. 26, l90S.--
 ~ South. 733).
 Bills and notes; issues; evidence.-- Under Sections 1801-2, Code 1896. the denial of the execution or assignment of an Instrument sued on must be yeri- fled. and notes are admissible in evil dence. in the absence of such verified denial. in proof of what they purport to be on their face. together with the transfers and other endorsements thereon.
 Appeal from Randolph Circuit Court. Heard before Hon. s. L. Brewer. Reversed and remanded. Opinion by Simpson. J.
 Tyson. c. J., Harslson and Denson, JJ.. concur.
The Montgomery advertiser., 1909-01-19
SECURITY MUTUAL LIFE INS co. V RILEY

V. RILEY.
 Action on an Insurance Poiicy.-tDe-
 cided Nov. Sc. 1sos.--47 South. 736). l. Insurance; forfeiture: non-pay- ment of premium,--Where . policy pro- vides that 1t shall be invalid unless the premiums are paid when due. the non-payment of 8 premium when due will work forfeiture of the policy. 2 2. Insurance: waiver of forfeiture.--- The receipt and retention of overdue premiums by the company Is waiver of the forfeiture notwithstanding the policy provides that 1t shall become in- valid unless premiourns are paid when due.
 3. Same; power of officers to waive.-- A provision in policy of insurance that c forfeiture cannot be waived exc cept by written agreement signed by certain officials refers to express agree- ment, and does not prevent an implied or paroi waiver of forfeiture.
 4. Same.--The acts of the officers or agents of an insurance company, in- eluding notice to such officer or agent, are imputable to the company, and hence. the general manager of the company's Southern department. who had superintendence of all transactions in a n1mber of States, and received all premiums collected in that terri tory, could waive e forfeiture for . non-payment of premium when due, by thereafter receiving and retaining it with the knowledge that it was overdue when paid, although his con- tract with thA Vc6tnb bany pr6hfbited the exercise of such authority by him. . fact not known to the persons dealing. with such agent.
 s. Same; notice to oficers.--Defend- ants general agent by receiving ou May 8. from the company's collection agent a check dated May [. for the amount of the premium, waived a for- feiture for non-payment of the premium when due, when he failed to inform himself whether the premium was overdue when paid. in this instance 1t being payable on May lst.
 Appeal from Montgomery City Court.
 Heard before Hon, A. D. Sayre.
 Afnrmed. Opinion by Denson. J.,
 Tyson, c. J., Simpson and McCfel- land, JS., concur.
The Montgomery advertiser., 1909-01-19
MERRITT v. VINCENT MERCANTILE
 co

Assumpslt.-lDeclde Nov. 23, I90S.-
 47 South. 731).
 Pleading; time of filing; non- -claim.-- Sections 25S9 and 25sO, Code 1907, make claims not presented to administrators or executors within a certain time bar. red. and a plea setting up the bar of the statute of non-claim may be filed on the trial in the Circuit Court, where judgment by default was rendered against administrator in the justice court. and the judgment Is being re. viewed by certiorari.
 Appeal from Shelby Circuit Court.
 Heard before Hon. A. H. Alston.
 Reversed and remanded. Opinion by Denson, J.
 Tyson, c. J.. Simpson and Anderson, JJ., concur.
The Montgomery advertiser., 1909-01-19
SUN INSURANCE CO. OF NEW OR.
 LEANS VS. ABERDEEN CLOTH

AAIAANo D. ADbIbOEEN
 ING co.
 Garnishment. Decided Nov, 2s, 1908
 -47 South 722.l
 Garnlshment; Issues; judgment.-- Section 4055, Code 1907 has no applica- tion to proceedings against the gar nishee, and hence, the failure to answer interrogatories would not authorize a Judgment by default against the gar nishee; and under section 1925, Code 1907. judgment by default cannot be rendered against the garnishee until m issue is made up under the direc- ton of the count in which it is alleged in what respect the answer Is untrue, where the garnishee las answered not indebted and only an affidavit that said answer Is untrue and interroga- tories to the garnishee have been filed.
 Appeal from 0adsden City Court.
 Heard before Hon. John H. Disoue.
 Reversed and remanded. Opinion by Simpson, J.
 Tyson, c. J., Denson and Mcclellan, JJ., concur. CRAWFORD vS BINGHAM. EFT AL Bill to Require Payment of Legacy.
 Decided Nov. 12. 1sos.-z47 South ,719)
 l. Estoppel: estoppel in pais.--A plea setting up an estoppel in pals, based on the settlement of a contro- versy over the validity of a will be- fore the will was offered for probate and at a time when there was no suit pending between the parties In refer ence thereto, which alleges that at the time of the promise relied on as m estoppel the defendants believed that good Rounds for the successful contest of the will existed. coupled with the statement that an attorney had been consulted and had advised that there was good grounds of con- ltasf was not the allegation Of ths
The Montgomery advertiser., 1909-01-19

WHITAKER V. VAN LOOSE, ct al, Bill to Quiet TitIe.-( Decided Nov. 24,
 1S0S.--47 South. TAD.
 l. Quieting title; proceedings; ma fture of remedy.--Section, 5443, Code 1907. gives a person in peaceable pos session of land the right to cite an other asserting or supposed to have some title claim or interest In the land, to show the nature of ms claim. and unless some affirmative relief is sought by cross bill. the sole question Is whether respondent has any title or interest in the property; and such construction does not reverse the gem sral rule as to the burden of proof. since the statute, expressly places the burden on respondent to propound and prove their clsims.
The Nevada County picayune. (Prescott, Ark.) 190?-current, 1909-01-14

Awarded highest honors by the
great Worlds Expositions, and
proved of superior strength and
purity by the official tests.
No alum, no lime phosphates
Food officials, state and national,
NTH physicians, condemn the use
of alum in food, and deplore and
denounce the dishonest methods
by which alum baking powders
are imposed upon the public.
The Nevada County picayune. (Prescott, Ark.) 190?-current, 1909-01-14
DOUBLE WEDDING.

Misses Viola and Leola Steele
the twin daughters of Mr.. and
Mrs. B. F. Steele, east of town,
were married Tuesday afternoon
to Charley Reed and John II.
Bryson. respectively, Rev. J. J.
Misunderstanding, The wedding
was a quiet affair and occurred
at the home of the brides. The
two couples left on 223 for Sher-
man, Texas where they go to
make their future home. The
costracting parties are all splen-
did young people and the best
wishes of all who know them Igo
with them to their new homes in
the Lone Star State.
The Nevada County picayune. (Prescott, Ark.) 190?-current, 1909-01-14

finished Tuesday, the jury re-
turned a verdict for 1926.
The grand jury made its first
report Tuesday morning, return
ing two bills and the transcript
in two other cases, with no bills.
One of the bills returned was a
joint bill against two negroes
who assaulted John G.. Benton at
Lakeland last fall, and are in
dicted for assault with intent to
kill.
The second bill was against
Milt Murph (Bud Ellis, colored,
and charges him with murder in
the first degree.
The following proceedings We're
held in the circuit court Monday
afternoon.
State We. Dick Reed assault
and battery, plea 81 guilty, fined
IS and costs.
State VS.. Bolt Butler; gaming,
plea of guilty, fined SO and costs.
State sion Williams;gaming,
plea of guilty. fined $40 and costs.
State VS.. Patience Moss; simple
assault. plea of guilty, fined 81
and costs.
State VS.. Ed Fullerton, breach
of the peace, dismissed on motion
of the state.
State VS.. Ed Fullerton, carry
ing weapons. plea of guilty, fined
$50 and costs.
State VS.. Roy Daniels, breach
of the peace, dismissed at de-
PENDANTS cost.
State VS.. Roy Daniels. profan-
ity, plea of guilty, fined 81 and
costs.
Case of T. H. Morris VS.. P. &
n. ". r. K. was decided We'd
nesday giving verdict for plain
tiff for $3.50.