davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
UNION CENTRAL LIFE INSURANCE
m " WAQInTYRM


Action on Insurance Policy-(Decfded
January IS. 1908 South. 47b.)
I. Pleading; replication; prooS--It
Is enough 10 one Of several replicetiong
Is established, although there are sew
eral repIications which plead in differ
ent ways waiver of forfeiture of the
policy sued on.
2. Evidence; writing; authentica-
tion-Papers or letters found among
the papers OF insured, purporting to
have emanated from the general State
agent OF the insurer. with no marks or
other things to indicate other than
that they are genuine. though signed
only with a rubber stamp. in connect
lon with the evidence of the custom OF
the general State agent to so affix his
signature, are admissible to show wal
yer OF the forfeiture of the policy.
g. Insurance; forfeiture; waiver
Once made a waiver OF forfeiture Is
irrevocabie.
4. Appeal and error: harmless err
rori admission of evidence-Where the
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03
BARNARD v. THE STATE.

oAnNAhD v. THE STATE.
Seihhg Liquor Without Licanse,-fre.
cided Jan. 10. 1s0s.--4s South. 4ssl.
l. Intoxicating liquors: license.
license to retail intoxicating LIQUORS
Is personal permit and not a con-
tract. not assignable in the absence
OF statutory authority nor subject to
the demands of creditors and does not
protect another than the licensee or hts
representative in the conduct of the
retailing business.
2. Same; effect of bankruptcy of
licensee.-A hcensee may continue to
sell under his license subsequent to
the adjudication OF his bankruptcy
since bankruptcy does not cancel his
privilege.
3. Same; evidence.--where a person
purchased the bankrupt stock Of a re-
tail liquor dealer and resold them to
him after adjudication in bankruptcy
taking a mortgage con the goods and
retaining possession Of the goods to
secure the purchase price, the parties
agreeing that the seller should conduct
the business as manager for his own
security until the purchase price was
paid, as the employe OF the licensee al
stated salary, then such seller was an
employe of the licensee and within
the protection of his license.
Appeal from Montgomery City Court
Heard before Hon. w. H Thomas,
Reversed and rendered. Opinion by
Mcclellan, j.
Dowdell, Simpson and Anderson, u.
concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Selling Liquor Without License-(De-
cided December II. 190S-4S South.
476)-(Rehearing denied. January
II, 1902
/. Intoxicating liquors; illegal sale;
ahidavit; suf1iciency - An affidavit
made before a Judge of City Court
and a warrant issued thereon by him
for violation OF Section 1857. Code
1907. are void. and not authorized by
Section 1889. Section 1918. Code 1907.
had application only to proceedings
under the chapter in which 1t occurs.
and not to prosecutions for illegal IL
Quor selling.
2. Same; Jurisdiction: City Court OF
Bessemer. The authority conferred upon
Justices of the Peace and County
Court Judges by Section 7359. Code
1907, as to violations of Section 1857,
is not conferred upon the Judge OF the
Criminal Court of Jefferson County by
the act creating that court. and CON
sequently Is not conferred upon the
Judges OF the City Court of Bessemer.
Appeal from Bessemer City Court.
Heard before Hon. William Jackson.
Reversed and rendered. Opinion by
Simpson. J.
Tyson. C. j., Anderson. benson and
Mcclellan, J. j., concur.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

r~-e->k~~--
J.. concur.
SELMA STREET q SUBURBAN RI {,
CO. VS. CAMPBELL
Damages for injury to passenger-lDe-
cided january 9, 1903, ~ south.
s78.)
L Carriers; passengers: complaint
A complaint does not charge wanton
or willful misconduct for injury 10
passenger from the starting OF the
car when he is attempting to alight.
although II AYERS that the motorman
willfuliy, wantpnly and negiigentiy
started the car back, and that the
conductor and other employees OF the
defendant knew that 1t was necessary
for plaintiff to get of at the corner OF
q certain named street. where 1t falls
to aver that they knew he had to get
on at the particular point OF said
crossing, or that this was the place
OF making transfers. and that this was
so known to the servant starting the
car. 1t not being averred that the mo-
torman was conscious of plaintiffs
peril or that 1t was started at point
where its starting was known to the
motorman TO be dangerous, or that the
motorman knew plaintiff was prepar-
ing to alfght. or was in the act Of
aiighting when he started the car. or
that people customarily transferred at
that point.
Q. Same; negligence-A count aver
ring the surroundings and conditions
and that thee motermans negligentiy
started sthe car. thereby throwing the
alighting passenger. but does not pre-
dict the negligence on these circum-
stances. nor ascribe the negligence to
such circumstances. is not insufficient
for a failure of these circumstances to
show negligence
8. Appeal and error; harmless error;
pleading.-Where the complaint charg-
ed that plaintiff was thrown from the
car, and the plea OF the general issue
was interposed. 1t was harmless er-
ror to- sustain a demurrer to a plea
alleging that plaintiff stepped on
backwards.
4. Evidence: questions calling for a
Observation-Disclosures one did or did
not step on of moving ear, being a
fact to which a witness can testify, the
question. did you step OF the car, or
were you thrown on" is not objec--
tionable as calling for a conclusion.
s. Trial; objection to evidence.-ob-,
Jecttons TO question on the ground
that 1t calls for conclusion should
separate the good from the bad. and
De directed to so much of the uues-
ton as asked for the conclusion.
g. Same; instructions; invading
province OF jury.-Where there was
question OF fact for the determine
ton Of the jury as to the nature ana
character Of the indication of the car
being slowed down. a charge ASSUME
Ing and telling the jury that indica-
lions were given that the car was be-
ing slowed down to permit. passen-
gers to alight was invasive Of tha.
province OF the Jury.
Z. Same; instructions; conformity tn
evidence.-A charge based on the be-
lief OF the Jury of fact contrary To
what was shown by the undisputed ev.
idence was improper.
Appeal from Selma City Court
Heard before Hon. J. w. Mahrv
reversed and remanded Opinion nv
Anderson, J. Dy
Tyson, c. j., Dowdeli ana Nrsc,-,
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-03

Miss Elizabeth s. Webb, who gives
the vivid narrative of the fighting at
SAdana was sent to, Turkey in 1885 by
the American board of commissioners
Tor foreign missions. She IL a graduate
of Drury College. Springfield, Missouri
The Sisseton weekly standard. (Sisseton, Roberts County, S.D.) 1892-1929, 1909-10-22

A. A. Peterson returned last
evening from purchasing trip
to the cities.
Mr.. and Mrs. Chas. Gleason,
OF Gleason, were in this CITY on
Thursday.
Matt Murphy was called 10
this city Wednesday by the ILL
ness of his mother.
Charles Preston, is the local
agent for the Oliver No. S tvpe.
writer These celebrated ma
CHIMES sell for $50 cash or $lOO on
time, If you are thinking buy.
ing a typewriter, talk with Pres
ton. .
Banker Rice and A. L. Aney.
OF Peever. were in the CITY on
Tuesday, as witness in the ba, k
robbery case: but as it was put ov-
er a week they will have:to return.
The ladies of the Presbyterian
church will hold their annual
sale and supper at the opera
house Tuesday, November 3Oth
The customers of the past will
not be disappointed this year in
the dellclous supper and variety
OF dainty and useful articles
which y they expect, and always
find, at these sales.
Coming! to the Sisseton Opera
House, October 30th, the C,,aman
Players. Everything new but
the name. A company of artists,
band and orchestra, in their
greatest success, a beautiful
story, told in five acts; Tried
For Her Life. Three shows in
one; drama, vaudeville, special
musical program by our superb
orchestra of six pieces. Two
free street band concerts. after
noon and evening.
Joe Class and wife, of Effinp-
ton, were in the city Tuesday.
The Sisseton weekly standard. (Sisseton, Roberts County, S.D.) 1892-1929, 1909-10-22

on a shopping expedition. Mr..
Glass says that we overlooked a
bet last week and forgot to tell
the folks that, prior to the de-
parture of Mr.. ahd Mrs Sidney
Fisher. the Woodmen, of EAing-
ton, in recognition of the servic
es rendered by Mr.. Fisher as
clerk of the camp for a number
of years, made him present of
a gold watch and chain. The
Royal Neighbors also presented
Mrs. Fisher. who had been their
efficient Recorder for nine years,
with a beautiful silver berry
spoon.
In order to make room ior my
Holiday stock, | will, commeuc-
ing Monday Morning, October Is,
offer my entire line of ladies'
coats, suits.i millinery, and fur
nishings at reduction of Is per
'cedt. | have a large stock and it
must go. Miss McQuillcn.
The case of the three men,
Jessis Jones, Ed Burns, and Ed
Wilson-so called-But, what's
in name?-who are confined in
the county jail on the charge of
being implicated in the Peever
bank robbery, was to have been
brought on for a. preliminary
hearing on Tuesday of this week
but as they were not ready for
trial the hearing was postponed
until next Wednesday. Judge
Andrews and R. o. Peareon have
been retained to defend them.
w. A. Robinson, the baker,
has finished his residence and is
now devoting all his time to the
Baking business and is turning
out quality Of good things to
eat that cannot be surpassed
anywhere. It'll
The Zenith club met with Mrs.
Axness Thursday afternoon.
The Sisseton weekly standard. (Sisseton, Roberts County, S.D.) 1892-1929, 1909-10-22
Of the Villa Mabel Alley col

Of the Villa Mabel Alley con-
cert the Webster, S. d., Farmer
and Reporter says:
The songs of the first group
were Delightfully."- fresh and at
tractive, and showed the unusual
range, volume and sympathetic
quality, Miss Alleys voice,
which, together with a charm
ing stage presence, furnished
all the elements of truly artist
ic rendering of the vocal part of
the programme. Miss Alley
was an ardent student under
Madame Schoen Reue."
At the Opera House Tuesday
October 26th Get your tickets
early from the members of the
Guild. The best concert of all.
The Sisseton weekly standard. (Sisseton, Roberts County, S.D.) 1892-1929, 1909-10-22

Charles D, Etnyre, of Oregon,
ILL.,, who deals in real estate,
loans, Insurance, etc, was in this
city to-day with a bunch of land
seekers and was very much inn
pressed with the country.
The ladies of the w. R. c., of
extended an invita-. lion
to the w. R. c. of this place to
meet with them Thursday even
ing. The invitation was accept
ed and accordingly number Of
Corps ladies boarded the train
Thursday afternoon for Milbank.
They returned Friday and report
a splendid time.
The Sisseton weekly standard. (Sisseton, Roberts County, S.D.) 1892-1929, 1909-10-22
For Sale.

Work team, harness and wide
tired wagon for sale. Will give
one years time.
HENRY GoEBEL
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
O'CONNELL WOULD GO
MIKE ANOTHER ROUND

Salt Lake. Dec Eddie O'Con-
nell. the crack coast wrestler, who
was thrown Monday night by Mike
Yokel. is still in salt Lake. hoping o
arrange a return match with Yokel ur
Il match with Ackerman or kap.
OConnell SAYS he was not in the best
shape at the time OF his bout with
EolIel and thinks, with a little more
training and match at li5 pounds,
he can throw Yokel He says he Is
anxious to meet either Karp or Ack-
orman at lA5 pounds.
Mike Yokel says he believes he can
throw O'Connell just as often as they
meet, and says he would prefer TO
have his one other match i'll Salt Lake
this winter with some other man. pre-
fcrably Alderman He said a match
with someone else, he believed, would
draw better. In the event that no
match is held in Salt Lake with Yo-
kel O'Connell will endeavor to have
Mike meet him In Portland
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
MAGNITUDE OF
GOVERNMENT
MEAT INSPECTION
LARGE AMOUNTS OF DISEASED
MEATS CONDEMNED.

The annual report of the Bureau of
Animal Industry TO the Secretary OF
Agriculture at Washington shows
that during the fiscal year ending Juno
Goth, 1909. there were 14l.0S5 car.
casses of food animals and S99G28
parts OF carcasses condemned because
of being diseased and unfit for human
food In addition, 11,2S5.323 pounds
of meat products were condemned up
on reinspection for sanitary reasons.
These figures give a clear idea OF
the magnificent work being done by
the government meat inspection. IL
Is a forward step toward protecting
the health OF the people The old say
Ing that An ounce OF prevention Is
worth pound Of cure" Is the very
cornerstone OF the meat inspection By
condemnlng all diseased and unclean
meats they are preventing diseases
getting Into the human body. while.
where there Is no inspection. such
meats are sold to the unsuspecting
public-spreading misery and dis
eases.
Any sane person who would give
this one minutes thought would never
buy ANYTHING but L. s Inspected
Meats He cannot afford to take the
chance.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
SALT LAKE AND
STATE NEWS
STATE CONVENTION
FOR BETTER ROADS

Salt Lake. Dec. 22.-Thc good roads
convention. which Governor William
Spry has called for January &c. q ald
oS will consist of 7SG delegates. and
plans being made will make 1t the
most interesting assomblage of its
Kind ever held IN Utah. Before leav-
ing for the east to attend the launch
ing OF the United States battleship
Utah. tho governor signed the official
call and directed John X. Hardy, his
the invitations.
Neighboring states Will be asked to
participate and TO assist In the discus
sons, not only because OF the educa-
tional value Of the convention. but
also because questions are certain 10
arise concerning interstate roads. In
vltations have therefore been sent TO
Governor b. g. Brooks Of Wyoming,
Governor j. H. Brady of Idaho, Gov
crnor ID. s. Dickerson Of Nevada and
Governor John II Sbafroth of Colo
rado
Besides these personal invitations TO
be present and address the convention,
these governors are asked to appoint
each forty delegates who will have
full privileges In the convention.
The call has also been sent TO the
commissioners of each county In tho
state, who are asked TO name the dele,
gates. and the members Of each coun-
ty board, with the county surveyor and
county road commissioners. are eX-
pected maklng fifteen delegates on
clally from each county
A week ago, in anticipation Of the
convention, the governor had confer
ence with the county commissioners OF
Davis county. with a view OF arrang-
Ing an excursion over the sand ridge
as a portion of the highway between
here and Ogden is known 1t Is pro
posed To make model road of the
ridge, II the convention approves
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
SALT LAKE ROUTE
RATIFIES BOND ISSUE

Salt Lake, Dec. eat a meeting
Of the board Of directors OF the Salt
Lake route held in the office Of Pen
mel CherrlnGton, legal representative
for the road In this city, this morn
ing, the action Of the stockholders at
their meeting yesterday authorizing
a bond Issue of S60.0O0.000 was up
held.
or the new issue $4,000, 900 will
be used 10 take up the bonds issued
by the company when the road was
built In 1903, and the remaining $40,
100000 Will be used for improvements
and extensions.
Following the meeting this morn
ing. j. Ross Clark, second vice presi
dent of the road, said that the only
important business transacted by the
directors this morning was the ratiti-
cation Of the action Of the stockhold
erS for the Issuance OF the bonds.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
TREASURY OFFICIALS
SATISFIED WITH YEAR

Washington, d. c., Dec. 22-Treas-
ury officials are congTatulatlng them
selves that, with the closing of 1908.
splendid results have been accom-
plished In the rehabilitation OF the
customs service, particularly at New
York. and in the roundup of the per-
sons and corporations through whom
the government has been cheated out
oil millions OF dollars The depart
ment Is stlll continuing its investiga.
tlons into the losses sustained by the
undorwclghing Of sugar.
The officials are keeping mum as
10 the personality OF the individual
higher up" in the sugar fraud
against whom an indictment is ex.
pccted every day
The fact that the American Sugar
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
TAXICABS COMING FOR
SALT LAKES TRADE

Salt Lake, Dec. 22-Seven taxicaos,
said to be among the handsomest and
most substantial ever turned out OF
the shops at Pontiac. Mich. are on
their way TO Salt Lake City They
are expected TO arrive here in q very
few days and they will be put in use
as quickly as they can be unloaded
and put in working order.
These 'taxis" were purchased by
the Taxicab and Auto company, or
ganized in this city some months ago.
at cost of about $4,000 each. This
new concern has placed an order for
twenty-five taxicabs. and number OF
Carter cars and Thor motorcycles in
the east, an this line of business Will
BE- carried on on large scale in. Salt
Lake.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
COL0REO FORGER
POSTPORES PLEA

David Woods. the negro charged
with forging a check made in favor
OF another by the II. l.. Griffin com.
pany several weeks ago. was brought
into the District court yesterday. but
availed himself OF the time allowed by
the state statute TO enter his plea.
Woods is a confirmed ''hop head :"
After his return to the city from Boise.
where lie was arrested, he told the To-
cal officers that he was an eyewitness
10 the shooting of Special O6icer C. C..
Riley by l.. f.. Drlskell and r. Il. Ken.
ncdy. His story created a sensation
At the time. but it is now denied by
the Salt Lake police, who claim that
Woods was prisoner In the city jail
OF Salt Lake at the time of the shoot
ing and could not have possibly seen
the killing.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23

The tablets are intended for the
United States vessels, the crews of
which aid In the work of rescue and
the restoration of homes in Messina
and Reggie
The tablets were provided by a fund
collected throughout Italy and In the
Italian colonies in foreign cities, par
tlcula-ly New York. Similar tablets
will be presented TO other foreign
ships that took part In the work of
succor
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
COmNEN0P PbT'WF OF AID
TO EARTHQUAKE SUFFERERS

Naples. Dec 22-The Italian naval
league viii present to American Con
sui Crowninshield on December 2Sth.
the anniversary of the great earth
quake In southern Italy, several
bronze tablets commemorative of the
disaster and the assistance rendered
the sufferers by America.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23

Refining company contemplated films
a claim for half million dollars. for
losses alleged to have been sustained
since 1907 By overweights. has been
known In Washington for some time.
Last summer the attorney for the
company mentioned the matter 10 the
treasury department. The claim Will
be looked into.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
WRONG MAN ARRESTED.

Mcalistcr Okla, Dec. 22. =
Jack Purdue. a former deputy United
States marshal who was arrested
here two weeks ago charged with be-
ing James Dobson. who escaped from
the state prison OF Pennsylvania, 20
years ago. was discharged last night.
having convinced the authorities that
he was not the escaped convict.
Perdue proved that he was in Ok
lahoma when DobsOn was in prison.
Witnesses accused Perdue of hay-
ing stated. while intoxicated. that he
was Dobson and this lead to the ar
lest
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
DEMOCRATS IN DEADLOCK.

Butler, Mo. Dec. 22.-In an effort to
break the deadlock which developed
yesterday, the Democrats of the Sixth
congressional district, In convention
here today. resumed their efforts to
name candidate TO succeed the late
Congressman David A. De Almond
on tho 1S5th ballot, tho last taken
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23
BOTTLE CONTAINING A
MESSAGE IN SEA FOUR YEARS

Bloomfield, y, J.. Dec. GA bottl,
which John G. Davis. of this town
threw into the sea four years ago
when on a fishing trip and In which
he placed a card with his name and
address, has just been returned 10
him. It was found few days ago by
a sailing party within twenty miles
of the spot where Davis left It.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23

Edison Photographs oyour dealer white
Phonogreph Company, Lakeside Ave. Orange NJ
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-12-23

last night. c. c. Dickinson OF Henry
county led the other three candidates.
lacking but seven votes TO secure the
nomination The other candidates are
]. NJ. Hargus. St Clair county; J. w.
Suddarth, Johnson county; aud c. NJ
Newman, Davde county
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-05
Manager Rich Arrested.

Kansas City, Kan, November fl.
H. Rich. general manager of Swift &
Co.'S packing plant here, who was ar
rested for refusing to produce the COM
pany's books before the commissioners
of Wyandotte county. was re-arrested
today and taken before the commits
sioners to testify In tax hearing. The
board also Issued an order directing
the sheriff to seize the company's books,
When the company officials refused to
give up the books Mr.. Rich's arrest oc-
Cured. w. J. Buchanan of counsel
for Swift & Co., said that in view of the
arrest of Mr.. Rich the books would
mot be produced until the supreme
court acts on the question"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-05
LEGAL NOTICES
Order Of Publication.


City of Birmingham. a municipal cor
poration, VS.. r. M. Ellis. In chancery, at
Birmingham, Ala.
|. 1t appearing to the register in chancery
for Jefferson county Alabama, that city
of Birmingham, municipal corporation
has fled in this court list of delinquent
taxes as provided for by law. and that
in said list and among the properties pro-
ceeded against in this court by said mu-
nicipality is certain property described as
follows:
Lot 10, plocl1 "A, Avondale, in Brming-
ham, Ala, same being taxes for the year
1908.
And 1t further appearing to the register
that r. M Ellis is named in said list as
the owner of the said property, and that
a summons was heretofore issued to the
said owner, as in chancery cases, and
that the said summons has been returned
by the sheriff mot found" after 10 days
1t is therefore ordered by the register that
publication be made in the Birmingham
Age-Herald, newspaper published in
Jefferson county, Alabama once week
for four consecutive weeks, giving 80
days notice thereof requiring the said r.
M. Ellis to plead or answer by the 23d
day of November, 1909, to the proceed
ings filed In this court by said municipali-
ty (Which proceedings seek to have the
property sold for the payment of delin-
quent taxes thereon), and If no pleadings
setting up a defense shall be filed by the
owner Of the property described within
80 days after said date. then a final de-
cree will be rendered by the chan
cellor of this court. adjudging said prop
erty liable for taxes and directing the
register to cell said property for the pay
ment Of the taxes, charges. penalties,
interest and costs that are charged
thereon.
Done this. the 18th day of October, 1909.
J. w. ALTMAN. Register.
1e-2e-fri-lk
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-05
FOR RENT.
NORTHSIDE.
II. w. hUU6I GSOI
202e LIST avenue.

NORTHS1DE.
z rooms, 2-story, modern, 722 26th street
9 rooms, 2-story. modern. 1905 9TH avenue.
16 rooms 2-story. modern, 720 21st street
rooms, cottage, modern, 2604 Tompkins
avenue.
rooms, cottage, modern, 524S Jst avenue
(Woodlawn).
Store, 1718 Sd avenue.
Stores, SoS and 80 21st street.
FOR RENT-SOUTHSIDE.
8 rooms, 2-story, modern, $50 Bellevue
avenue
rooms, 2-story, modern, 140S 10th avenue.
rooms, 2-story, 25lS AveEua E.
J. H. HElNEkE r. E. & |. A. CO.
Phones As. 214 N. 2lst St