davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1909-01-30
u,,. ,,r AIv corIIrR

LEWIS EFT AL V. COLLIER. suit on Injunction Bond--(Decided November 2s. is0s--47 South. 7so0
 1. Process; defects; amendment; re. turn--where the return was amended 10 correspond with the summons as issued, the amendment cured the de- feet and . motion to auash the service was properly overruled.
 2, Inlunction; liability on bondi damages; loss of property--Where one disposes of his business so as not 10 own or run 1t pending the lire or an Injunction restraining It's operauon, he cannot recover the profits Of the busiess during the pendency of the in- junction. as an element of damage m Suit on the Injunction bond.
 .. Same-One cannot recover as an element of damage, on the theory tnal he had an established business, TOT profits on the business, where It IS shown that he had occupied his pres ent place of bushes for only two months before the injunction was is- sued, and had not occupied any one location during the time that he had been in bushes, alth ough he had been in that business for six years in the same town. and where 1t Is also shown that the profits of the business were uncertain. the business being run sometime at a profit and at others at q lvsS,- HuSh e~AAtenS~ 4e tive.
 {. Same: evidence--It Is error to admit evidence of such profits. In an action for damages on an injunction bond, where the evidence shows that the profits on the business during the pendency of the injunction were too speculative to be recoverable.
 Appeal from Etowah Circuit Court.
 Heard before Hon. John W, Inzer.
 Reversed and remanded. Opinion by Denson. J J.N ssss
 Tyson, C. j., and Anderson. J., com cur. simpson. T.. concurs In the con- ciusion reached.
 KENNEDY V. MDIARMID. Action for Breach of Contract-(De- cided November 2s. Ises--47 South
 7s2.)
 statute---where one party furnishes the land for raising a crop. and an- other furnishes the labor and the team to cultivate it. with stipulation for a division of the crop between them, the relation of landlord and tenant exists under section 27it. Code 1896; the status fixed by the statute being contractual.
 9. Breach of contract: pleading--In actions for breach of contract the terms of the contract must be alleged with certainty, and the provisions im- posing the obligations sought to be enforced must be averred distinctly and positively, and not merely by in- ference. or generally. or arguments lively.
 8. Pleading; certainty; test.---A cause of action must be alleged with, sufficient certainty and precision to en-
The Montgomery advertiser., 1909-01-30
NEW YORK BUSINESS MEN PLEAD CAUSE OF LAPS.

New York. Jan. 2s.--An important movement with respect to the Japan ese question In California was inaugu- rated today at meeting of the Board of Trade and Transportation Commit tee on Foreign and Insular Trade
 It was decided ito recommend to the President that the merchants of New York appeal to the rperchants and manufacturers of all the other States to cooperate with them in im- pressing upon the, people of Caiifor- nia the unwisdom of persistent dis crimination against the people of q nation. Japana, that hes shown it's title to the respect of the world at large; that has proven Xseif to be 2 great factor in the civilization and progressive influence of tine world, and whose trade is of importance to this country.'
 The committee strongly deprecated the constant aGitation in California against the Japanese, and expressed the fear that it's continuance would sec rfousiy affect the amicabis relations between Japan and the United States.
The Montgomery advertiser., 1909-01-30
REBELLION IN HELENA
 AGAINST BASEBALL MAN

Helena, Afk,, Jan s.-tspeciaiJ J-- Open rebellion was declared by the local Arkansas League club at the stoclkh oldeFs' meeting tonight when League President Hurst refused to sign.
 The club will probably try to join the Cotton states League and the Ma tional Commission Is sure to be ap- pealed to.
 Charges, are made by local officials that fhs League President controls franchisea In three of the six cities, and resolutions against syndicate bass- ball were adopted.
The Montgomery advertiser., 1909-01-30
THE PASSING 7FzRoNC.

Alderman c. F. Moritz, who lately has S,,tared into the field of finance, and who. shortly after the opening of this nhsnter in his life, took a trip to the SSnters of Northern capital, is back in tt,e. citv again. His friends say he now s,,saLs of' his chunl John P. Morgan in Tay, York. and one man says he lately wrota Id Mir. Hartman and started the ietter "Dear Hsrry." But whether these he true or not. there Is smile of q narfect peace on his features and the finance committee is providing itself with pencil and notepaper to record modern wisdom.
 Mir. Palmer Pillans. of Mobile, spent vesterday in the Supreme Court Libra rv, He returned to Mobile last night.
 Governor Conner yesterday appointed EDr. T. K. Mansfield as the delegate rom Alabama to the American Medical Asso- citation. which meets in Chicago on AprD s.
 Governor Conner left for bis home In Barbour County yesterday He will be absent from the executive offices during kthe remainder of tho week.
 Capain O. S. Lewis, of Tusksgee, was a visitor in the ofice of the Adjutant E.General yesterday.
 Captain G. F. Johnston, of Geneva was an interested spectator at the ses- sfons of the Court of Inquiry tnvesti. Rating the report of Assistant State Examiner Brooke on the affairs of the I-2nd Regiment.
The Montgomery advertiser., 1909-01-30
FIRE IN BUSINESS DISTRICT
 ST. PAUL BURNS UP $500, 900

St. Paul. Mlnn Jan. 2s.-Fire that started in the White House depart dozen business buildings and damaged an aggregate of ssO0.000 worth of property. The cause of the fire is not known.
 The White House department store lost S145. 900; California wine House SIPS. .000; Woolworths five and ten cent store. $100,OU0; Fey Hotel, SIS, o0e No one was hurt.
The Montgomery advertiser., 1909-01-30
MAYOR CHARGES FRAUD.
LoulsvuIIe Chief Hxocutive Issues a
 Statement.

Louisville, Jan. a9.--In connection with the telephone tangle. which has mystified Louisville for many months, Mayor James F. Grinstead has issued Q statement declaring that the Tnem- bers of his General Council were guilty of fraud and eolldsion' In attempting to defeat a veto message of the Mayor in May. r-
 The Mayor had vetoed message giving . franchise to the Home Teie- phone Company. on the day of the ex- piFation of the veto tenure. but, the Council adjourned before the message could be offered and the Home Tele- phone Company claimed that the fran chise was valid.
 The Mayors /message came in the course of a trial of nsAndamus suit on the part of the company.
 Recently Ire franchise Of. the> other company here, the Cumberland, was apparently revoked by the action of the Council The company claims that its franchise Is perpetual Technically the city iskwithout liz censed telephones. though both sys. tems are in full operation.
The Montgomery advertiser., 1909-01-30
HnLLNnR CASE POSTPONED. 2
Case of Assault and Battery Contiamed
 UmtfI This Afternoom.


 The case of assault and battery with which Mrs. Etel Heliner was charged, Thursday was not called in police court Friday, having been continued to Saturday. At first. no ball was allowed the prisoner. 1t being the be- lief of those interested in her case that. sshe should, be held pending a mental examination.s Later however. she was turned over to her friends, the Kirmfsh brothers, and their wives. who took her to their home on Dex- ter Avenue, to care for her aad her three babies until such time as the authorities decide to act on the case.
 Some of those who are trying to have her affairs arranged propose moving her to different neighborhcod from that in which she has had so much trouble, and as she has rented the place, it is her privilege to decide the, matter. She was seen yesterday and was quietly caring for her chil- dren stoicaily receiving the treatnanet she has been accorded The police did all In their power to make her comfortable while she was held at the station house>
The Montgomery advertiser., 1909-01-30
HIGH WIND ScARES
 PEOPLE OF MOBILE

Mobile. Jan. 2s.--tSpeciaL )--The wind is blowing, a gale here tonight at II o'clock. The weather observer reports a velocity of thirty-four miles an hour.
 People in the western portion of the city report terrible wind velocity in that section. Many Of them reside in the second floors of their dwellings and are sleeping on the ground floor for safety.
The Montgomery advertiser., 1909-01-30
Charees Crimes e nlsisters.

Sacramento Cal. Jan. 2s.--Thos. H williams. president Of the New Cali fornia Jockey Club. which operates the Emeryvilie race track ak Oakland, in addressing the committee on public morals last night with regard to the otis- Walker bifi. startled the assembled legislators by declaring that in the last twenty eight years more crimes had been committed In the United States and Canada by preachers of the Cos pei than by any other class.
 After he spoke he waved a book. ."I have the record here." he cried. "There are four thousand of them and they have committed crimes of every de- acrintion."
The Montgomery advertiser., 1909-01-30
SOME OUT or DATE rHnoRiEs.

To Keep up With Science Net ct aAa
 Easy for the Lag Mind.
 The Forum.
 To the lay mind Is very disconeert- ine, to see the kaleidoscopic changes that are continually taking place in all branches of science. We have no sooner accepted the nebular hypothesis as one of the ultimate laws of nature than the ReoloGist on the one hand and the mathematician on the other tell us that 1t will have to be abandoned.
 one generation of naturalists de- .liRhts us by teaching us to believe that every coral island is built from the bottom of the ocean by the accumu- lated remains of millions of genera tioas of polyps and the next would
The Montgomery advertiser., 1909-01-30
INVESTIGATE LAND FRAUDS.

MuskoEee, Okla, Jan. 29.-Interest in the alleged town lot fraud investiga- tlon now centers largely in me tes.i- .mony which 1t Is anticipated will. be given by witnesses from Nashville, Tenn. who will be called Monday.
 Their testimony, 1t is stated. will have to do with the transactions of a man who has since died, it being the .purnoEe of the Government attorneys to eonneot several prominent resi- dents of oklahoma with these trans a ctions Tomorrow's session of the jury will be devoaed to nearing of ,thosa summoned from Ohio and Texas. A martial report is then expected.
The Montgomery advertiser., 1909-01-30
npUoAToRs oF ALARAMA.
Plans Already Making fer The state
 Convection

Birmingham, Jan. 2g--(SpecIaI b. Within short time committees oflocal teachers will be named to perfect ar- engagements for the twenty-eIghth an- nual convention of the Alabama Eiu- catioual Association. which wifi begin a session of three daysSin Birmingham. Thursday, April 8.
 This is one of the most important conventions of the State. and VIII bring from fifteen hundred to two thousand delegates here.
 N. R. Baker. chairman of the exec. utive fcommitteea, has written to Sec retary Babb. of the Commercial Club, for information as to hotel and board ing house accommodations stating that Inc program would be prepared for the printer in few days.
The Montgomery advertiser., 1909-01-30
GOES TO ANNIsTON.
U. M. Barr to rake Charge of
 p1ant Y

U. M. Barr to rake Charge of City
 Anniston. Jan. .2s.-A( Special. )-with the resignation of H. F.t DeRardelehen as manager of the plant of Woodstock Iron and Steel Corporation comes the information that, the president of the company. Capt J. M, Barr, will remove from Norfolk to Admission and will he actively, engaged in the conduct of the companyis business.
 Captain Barr is expected to arrive In the city next Saturday. Mir. DeBar- deeleben's resignation going. into effect on February,1. 'ss
The Montgomery advertiser., 1909-01-30
PoaNTEr1 PAnAGRAPms.

'ISU A sEeptie ai is a man who has lost faith In himseif.
 The c1tR0podtet believes t1 O8At sHTSsIs me iosfeP T'is IS willing to work--if he can work a loan.
 And the man who does the least teik- ing often has the most to say. it will bs a failure.
 The brand of popularity that you can buy isn't worth the price.
The Montgomery advertiser., 1909-01-30
,,a. ae.a. Aenentanca.

Washington, Jan. 2yl-tsIhord Ptn- ehot. United, States Forester, who re- turned this evening from Mexico whither he went as the personal rep. resentatiye of President Roosevelt te invite President Diaz to send delegates te thts city to attend the American conaeryation Congress-, presented tt line preeident tonight the letter from fine Mexican executive accepting tb' invitation.
The Montgomery advertiser., 1909-01-30
HnlIoelE Not GuiItx.

Guthrie. Okla, Jan. 29-D. Fl. HaI-I lock, a wealthy Woodward County ranchman, was found not guilty of subornatiop of perjury in the Fed eral court here today. It was charged that he induced a number of Kansas students and school teachers to come to Oklahoma and file upon homesteads as dummies" and later had them
 turn their claims over to hlm.
The Montgomery advertiser., 1909-01-30

aulendine the Hepburn raflrpad rate law and the Interstate Comnerce act, win bc refused confederation before the House Committee on InterEtsse and Foreign Commerce during this Informally decided upon today.
The Montgomery advertiser., 1909-01-30
PROMINENT NEGRO DEAD.
sehn W. Jeaes Passes Away ca Frsaa.
 Mornfne.

John W. Jones. a prominent negro man contractor of Montgomery, died Friday morning at o'clock at his home, on South Jackson Street. after a short illness.
 John Jones occupied prominent position In Republican political circles e1 Montgomery and the State, having been shortly after the war a State Senator. He was also connected with the internal revenue service. holding a position In this branch of the Gov ernment at the time of his death.
 The funeral services will be held sunday.
The Montgomery advertiser., 1909-01-30
WoAIAN ANp AN AUTO.
Car Kills One and InSuEsa One--DraveF s@ Arrested.

= Chicago, Jans S9.-1Thomas Clancy, a teamster, was killed. bis assistant was hurt and three wofhen narrowly escaped injury today when an auto- mobiles driven by Mrs. Joel Etsendratii, , wife of a wealthy clothing ma nufac- ttiret, crashed into a delivery wagon driven by ClAncey.
 After the accident, Mrs. Elsendrath with two women, companions drove rapidly away, but a bystander noticed the number of her eutofnobile license.
 The police later arrested Mrs. Eissn- drath, who was released on 5000 bond. She explained that the snow storm almost blinded her at the time of the accident and she did not know she had h urt any. one.
The Montgomery advertiser., 1909-01-30
TWO CoNvIcrs KILLED.

aaissiseippf Priseners Break For 1as-
 erty--Ftve Escape,
 Jackson. Misc. Jan. 2s.--News has just reached here that oA Wednesday several prisQners on Sunfiower con yict, camp. Lefiore county. this State, made break for liberty. Two men, were killed. one recaptured and five succeeded In getting.away through the cane brakes.
The Montgomery advertiser., 1909-01-30
Rnnf Tn RniIh Home.

Washington. Jan. Performer Secre- tary of State Ellhu Root. new Senator elect from New York, has purchased. 1t has been learned on good author ity, for about SS0,00O, a large build ing lot on sixteenth Street between l. and M Streets. this city. on which he intends to erect for himself & hand some home.
The Montgomery advertiser., 1909-01-30
DAMAGE FROM WIND
mAssFTELD, MISS. VISITED BY
 sT0RnF---MUCH DAMAGE.
E3n6lGfnss Dewoisshed---Raia Fsliows Wind fe Complete Disoraef--
 Wire Service De-
 nfFoyNS.

Hattiesburg. Miss.. Jan. 29.-BassHeld. q smail town thirty miles west of Hattiesburg. on the Mlssissippi Gen. tral Railroad. was visited by a dis astrous storm today. Two large stores were completely demolished and nu- .merous other buildings unroofed., A torrentihi- rain followed and much damage was done to merchandise and furniture in unroofed buildings. Tele- graph and telephone wires of this sec ton are down. roads are blocked by fallen trees and 1t may be several days before the full extent of the damage is ascertained.
The Montgomery advertiser., 1909-01-30
Anti-Tnfunrtion nflls unsaeeesssel.

Ansf-En5unction Bills UnsueeessznI
 Washington, Jan. 2s.--Representa- tive Jenkins of wisconsin. chairman of the House Committee on the Judici- ary. in a speech in the House today. declared that the proposed Pearre bill ana anti-injunction bills before his committee were unsuccessful.
The Montgomery advertiser., 1909-01-30

my good man. You split your infinit- ives. Grittye George--Ah lady dorst condemn me fer dat. I'd rather split me fnfinitiVes dan 60 split wood. -AGhf- cago Daily NeWg.
The Montgomery advertiser., 1909-01-30

~ ''1 have here some vagrSnt verse: A pigeon hole" declared the stern ,ed- flor. "That Is. unless you can prodtlee your poetic license. ."--LouisVilse CceF~ ier-JournaL
The Montgomery advertiser., 1909-01-30
nraeaan nacI< Hane.

Palm Beach, Fla. Jan. 2s--Ex- Gov ernor Magoon. of Cuba. arrived here at s:ao, o'clock tonight and will remain at ths Hotel Royal Poincisna until Sun day.
The Montgomery advertiser., 1909-01-30
PUTS TURKEY ON NOTICE.

RuIgariAns Protest at Uneolaprsmising
 Attitude of Sublime Perts.
 Sofia Jan. 29.--The Bulgarian Gov ernment tonight delivered note to the representatives, of the powers, com the irreeonciliabies and uT- compromising attitude of Turkey, and declaring that the Porte must be re- sponsibie for the consequences.
 The note does not solicit the inter- vention of the powers, but draws their attention to the tension of the sttua- tIon.
The Montgomery advertiser., 1909-01-30
CHATTANOOGA SAVINGS BANK V
 TANNER.

Assumpsit@-- Decided November 24s
 1s0S-l7 South. 790.)
 Statutes: conatitutionality, subject of title-The Act of November 30, 1907. General Acts. Special session 1907, ?. 200). entitled Gan act to amend sect lions 1891 and 1922 of the Code of 1ss6, as amended by the act approved March q. ls07." is not void or in .contraven- ton of section 45 of the Constftutiou of 1901. although it amends only sec ton 1891, and does not sugsest any change in section 1929; since the men ton of section is2 in the title is mere surplusage.
 Appeal from Jefferson Circuit Court.
 Heard before Hon. A. O. Lane.
 Reversed and remanded. Opinion by simpson, J
 Tyson. c. j.. Haralson. and Desecn. J. J.. concur.
The Montgomery advertiser., 1909-01-30
pamaRe in r.eaislass.

New Orleans, Jan. ss.-severai towns in Louisiana report some damage from high winds today. No buildings of any size were blown down and no one was injured, so far as can be learned. telegraph and telephone service has been badly crippled.
The Montgomery advertiser., 1909-01-30
PARIS NOT ROIsoNnD.
0hemist Makes RepOFt to Probate
 Judee.

Birmingham, Jan> 29.-(Special. .)- All rulnors to the effect that the late Coroner W. D. Paris. of Jefferson coun- ty, came to his death by poison were dispef1ed today when a chemist re- ported to the probate judge on the con- tents of the stomach which were ex- amined after death, and which he says contained absolutely no trace Of pois-
The Montgomery advertiser., 1909-01-30

WsEl Re Re1Usea .C@uslAeratiOn. Washington. Jan. 29.--All bills
The Montgomery advertiser., 1909-01-30
VERDICT AGAINST L. AND N.

J. l.. Smith Was Injured At BIOunt
 Louisville, Ky, rJan. 2s-J. L.. Smith, of . Coleman Tex, was today awarded a verdict of S12500 against the Louisville and Nashville sRailroad.
 He was injured at BlOunt Springs. Ala, in 1907.
The Montgomery advertiser., 1909-01-30
Head Notes of the Decisions
 of the Alabana Supreme Court

able defendant to defend and to pIesd a judgment therein in bar of another recovery. {. Landlord aud tenant; renting on shares; action by landlord: sufhctency of complaint--,A complaint in an act lon for Q breach of contract brought by the landlord against the tenant, who was to cultivate land furnished by the landlord, the crops to be divid- ed between them. which alleges only that defendant agreed to plant the land in corn and cotton and give the landlord one-fourth of the corn and one-third of the cotton. but that tho tenant did not cultivate q large part of the land. and cultivated tho refiiain- der in an unhusbandiike manner. is in- sufficient; it not being alleged how much was to be planted in each of the crops. or was planted in. said crops and not properly cultivated.
 Appeal from Clay County Court. | Heard before Hon. W. ]. Pearce. Affirmed. Opinion by Tyson. C. J.
 Dowdell. Anderson. and Mcclellan. !. J., concur.
 HINES SUPPLY co. V. PARKER. Assumpsit-( Decided November 2s,
 ls08--E south.. 7e4a
 . 1. Bills and notes; execution; bur- den of proof-The burden Is on plain. tin to show that the note sued on was executed by the defendant, where the plea of non est factum Is interposed.
 2. Abatement and revival: other ac- tions pending: p1ea--Where there is no plea of another action pending, or of former Judgment rendered. and no evidence thereof in the record ft is er- TOT to dismIss an action on the note on motion having for grounds that there was another judgment pending for the same cause or debt in another court.
 Appeal from Bessemer City Court.
 Heard before Hon. William Jackson.
 Reversed and rendered. Opinion by Denson, J.
 Tyson.sc. J., Haraison and simpson. J. ., concur.
The Montgomery advertiser., 1909-01-30

l. capain O. S. Lewis. of ,Tuskeges. was
 a visitor in the ofiice of the Adtutant sGeneral yesterday.
Decorah-posten og ved arnen., 1909-01-05
On 2opgiperinoe I oct
14oe 4arbunorcoe,

6 1898 uoiteote garonesie De
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Der bar gift meo en- Sr. be 8ouse.
mont, Ell 2oofooer for fit @aroni.
Som set isrnmer iig. norsmmeoe
bun fit aisn Ell prefuIo SIabs beri:
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probes. iemmeS", Ser life bar Gel /
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ManSen II anr % &pinoen 12".
9cnne @eitemmcIie er life aIere in
tereSiant peb ber SeminiSme, Der oi'
Ter fig beri, men iiGr forbi bet iirI'
bent fcrcfommcrbe og nPiten 9lernte
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grbeioerifer.
Decorah-posten og ved arnen., 1909-01-05
SOM prdmie:

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Del tiIfoIot Den ipauife Sramatltrg
Sole Gteeorap. On ipouit 8rista.
ger er oeiaa 8rofeSioren / SiitoIogt
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SaIpoeIen al Den meoicinife YrtS.
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er bibtiI 6oIfene paa gaIfanbaIpsen,
| @eIgien % Borti9aI bIepne.
Decorah-posten og ved arnen., 1909-01-05

Set bar Scn 20Se Sftc6er 1927,
at Sen tprfiif.pgpptiife 6laaSe bIep
boret | iGnf al De Soreueoe frantic,
ergeIite og rusiiife Stibe. Sffe min.
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Gen grrIfe Re9ieriug bar nGlereSe
9ipet oct uGpnte SeIifab a~oncesiion
moo anoel | llbbpttet, og arbeioet
bill bIioe paabegpuot reo 9pffere /
ben uGrmeite Sib.
Sorinoeu bar man laat en- iuIb.
itGnoig Elan ouer, bOor Sfibene,
efter De famti6ige geretuinger, fan
ontoges at Iigge.
War autnger, at De iunfne Sfi6e
bar bapt meget b~etp6eliae ~fontante
YengebeIsb omboro. oa De fort for.
inSeu Sammenits6et bab6e 6ranS.
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600 IunS. Wer besuoer regrer
man paa @rrSier til en- idmGet Gum
al 100000 RunS / Wateriel, Sob
Der on Sfibsifrog, rent bortieet ira
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