davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1909-07-01
GAINS S2,5OO FEES
MOBILE COUNTY BENEFITED BY
 SUPREME COURT DECISION.
Msndamss VIII Result fn the Payment of Tax Money by Audlter Fran den-Made I've Trips te
 Supreme CeuYt.

Mobile County omcials Dain $2,60O in fees. as the result of the opinion of Justice Mayfeid. of the Supreme Court, in the case of Wv. Brandon. ae State Auditor. against Judge Price wil- Hams. of Mobile.
 Judge Williams had petitioned Judge 4. p. Sayre. then of the City Court of Montgomery. for a mandamus compel ling the State Auditor to pay over the money. fees from tax sales during 1906. The proceeds of the sale amount cd to little over S5,ooo. while the fees. which should accrue to the coun- ty of1cials, the Probate Judge, Tax Commissioned. Collector and Assessor. amounted to $5.S43.74.
 Two thousand i've hundred dollars of the fees were paid to the Mobile of. ficials. and the remainder was refused. The Mobile ofnciais were granted man. damus to compel the payment of the remainder. but on appeal to the Su- preme Court. 1t was shown that only $2,B00 was left in the treasury. avail able for the purpose. instead of the $3,- sls.ST. Thus. the msndamus was turn ed down. I
 Again Judge Williams and the others applied for mandamus, this time, from their experience. asking for only ss.- 500. IL was obtained. Brandon apeal- ed. but this time the Supreme Court upheld the Montgomery Court. and the Mobilians will get the money. which has been withheld since is0e.
The Montgomery advertiser., 1909-07-01
LOCAL CASE IN THE
 U. s. SUPREME COURT

Intelligence of the final disposition of a Nocal case in the United States Supreme Court was received in Mont gomery yesterday. The case Is that of J. O. Compton. who was suing for freedom on writ of habeas corpus. after arrest on the charge of fraud.
 Compton, an employe of J. w. Chastain and Sons. of Montgomery, had purchases, in Atlanta. mules and horses for the firm. giving in payment a draft for $3.000 on his employers.
 He returned to Montgomery with the animals. The draft was turned down. and the Atlanta firm caused the arrest of Compton. He sued out the writ of habeas corpus. and 1t was de- nied by the lower courts. Taking 1t to Washington. before the Supreme Court. he was again denied freedom.
 Compton will be tried. now, in Georgia, on the original charge.
The Montgomery advertiser., 1909-07-01
APPEALING
 LAW HELD BAD Ruling of the Supreme
 Court. ACT OF 1907 IS INVALID Rcpealing Act Fell Before Technical S Errors of Extra Session. By the Runas. Jave.ile Prisoners witAi. Aiasana Must Hereafter Be Tried h the Chancery,
 Esuity er Police Ceurts.
 A.

By the ruling of Chief Justice Dow dell of the Supreme Court yesterday, juvenile prisoners within Alabama must hereaftey be tried in chancery courts, courtsrof equity jurisdiction. or In the police courts. Justices of the peace, city, circuit courts. or probate courts, without equity jurisdiction, have no power to tIy or sentence pris- oners, less than t4 years old.
 The ruling came in declaring un- constitutional the act of Nov. 23. 1907, which was intended to repeal the 5uve- nile court law passed March 12. 1907. The juvenile court law provided that only the chancery, equity or police courts should try juveniles; the other act was passed to repeal 1t, almost be- fore 1t was given test.
 But the repeating act was forced 10 run the gauntlet of the hurried extra session. and fell. as did many others. by the way of technical errors. The repeating act vent to the Senate through the Committee on Local Lesis- iation, and returned through the Com mittee on Judiciary. Therefore. vio- latins Section s2 of the Constitution, 1t was held bad.
 The issue was decided on the case of York Smith. s-year-old negro. who was bound over from the court of a justice of the peace. Attorneys apply ing for his release through a writ or habeas corpus before Judge W. H. Thomas of the City Court, attacked the repeating act. Judge Thomas re- leased the negro. and Solicitor stern appealed. The law was declared bad and the action of Judge Thomas in re- leasing York Smith holds good.
The Montgomery advertiser., 1909-07-01
JURORS STOOD FIRM
WANTED TO GIVE CLABAUGH
 HEAVY JUDGMENT.
Ten Men Agreed That He Had Been seriously Damaged By J. A. Van Hoose--Nfistrial 10 Or
 dered.

Birmingham, June 30.--Judge A. O. Lane. of the Circuit Court, tonight declared a mistrisl in the case of H. G. Clabaugh against J. A. Van Hoose. which was one. of the longest civil suits ever tried In the county
 The plaintiff sought $130.000 dam- ages on the ground that when he was in the wholesale grocery business and because he refused to join the South ern Association, It's president used his influence with manufacturers so that he was unable to buy goods and was forced out of business.
 The case was tried with eleven jurors. Ten of them issued signed statement tonight saying that they were in favor of allowing damages of over $100,000 but that the eleventh man would never go above si0.0oO and this amount. the ten considered grossly inadequate"
 The ten made an apology for hay ing caused the county such heavy ex. pense without result
The Montgomery advertiser., 1909-07-01
JUSTICES NOW
 FREE TO REST Arduous Term of Labor
 Comes to End. NEXT SESSION IN NOVEMBER Many Laws of State Nullified Dur
 ing the Past Year. Changes Have Taken Place In the Personnel of the Court, Chief
 Justice Tyse, ResiEni.g
 During Tern.

Seven judicial minds are free to rest after one of the most arduous terms of labor in the history of the Supreme Court of Alabama. For the 1908 Mo- vember term of the court came to an end last night. when the seven Jus tices handed down 186 opinions, sixty eight on re-hearings and ninety eight on cases.
 There. was a rush of work during yesterday. that the work might be brought to an end on time. and at 6 o'clock the bulky records and opinions were brought into the office of General R. F. Lgon. the Clerk of the Court. signifying the end of the labors.
 And so. until November. the work of eight months has been unusually eventful. with the work of the extra session of the Legislature under fire every day. The prohibition laws have brought to the front a tremendous amount of litigation. as that statute. and its supplementary laws. were more unpopular. with certain rich and tn- fiuential class. than any law probably of the past twenty years. Never df- vision was called. but an assault on one phase or another was registered.
 What has been termed as "nimsy" legislation. faulty records of the work of the 1907 Legislature. has been rec sponsible In the elimination of more State laws during the 1eoS-os term. than during any like period during the memory of most Alabamians.
 The term has witnessed the inaugur- ation of three Justices-Simpson, May field and Sayre. Justice Simpson had already served on the bench. and was reelected. Justice Mayfield was elected at the same time. though his advent was in the nature of an initiation to the Supreme Court work.
 It has also witnessed an important change. that of the resignation of Chief Justice Tyson. and the appointment oS Justice -Dowdell to the head of the bench. Judge A. D. Sayre, of the Montgomery City Court. was appointed by Governor Conner. to the vacancy, and was installed at Junior Justice.
 On the second Monday in November. the court will convene, for the call of the first division, which includes the counties of Baldwin, Mobile. Clarke, Monroe and Washington. Until then. the justices are out. to work, to study. or to play. as their makeup demands
The Montgomery advertiser., 1909-07-01
TWO MEN MUST HANG
ED HOWARD AND JOHN SMITH EACH CONVICTED OF MURDER.
Joe lIcDanieIs, who With Howard Was ConvfeteA of Hfurderfng R. W. Drake, is Granted .
 New Trial

Two negroes, sentenced to death for the murder of R. W. Drake. proml- nent farmer of Hale county, last De- cembeT. came before the Supreme Court for new trials. One was grant ed, that of Joe McDaniels. while Ed Howard must hang. according to opin- ions rendered yesterday
 Justice Mcclellan rendered the opin- ion on the case of McDaniels, while Justice Mayheid wrote the opinion which sealed the doom of Howard :. None of the justices dissented in eitla< CT case.
 Among the msss Of opinions hani- ed down. scores of criminal cases fig ured. Another man sentenced to hang was John Henry Smith. who shot and killed Ebert West. In Lee county. and who was sentenced to the gall lows to die on November 20. 1908. He appealed. but assigned no error in his petition, and the court had no alter native. there being no error apparent.
The Montgomery advertiser., 1909-07-01
BIRMINGHAM CRIME
 RECORD IS GROWING

Birmingham, June 30.-(Special)- Coroner Brasher has his hands full making Investigations into dozen crimes and accidents that have taken place in Jefferson County in the last week, eight of them in the last twenty four hours.
 In addition to the two boys who were killed by lightning, two men killed while repairing car in the local yards of the Louisville and Nashville Railroad, the accidental killing of a negro by premature explosion of dy- namite in a we'll, a negro dropped dead on the streets, and other deaths have taken place which require judicial in- vestigation.
 Robert Anderson, who was found dead on the Seaboard Air Line Rail- road. in the city, his body being cut up pretty badly, was murdered and then placed on the tracks to be run over Is the opinion of the coroner.
The Montgomery advertiser., 1909-07-01
ROAD TAX PROVISION
 HELD CONSTITUTIONAL

The special road tax provision of Lowndes county was held constitu- tional by the Supreme Court. accord- ing to the opinion of Justice Simp- son rendered yesterday. The law had been assailed by Joseph Norwood, of Montgomery, who declared it's rate ex- cessive, and asked Judge Brown, Of the Montgomery City Court. for a mandamus, compelling Treasurer Gold smith, of Lowndes county. to pay back to him money which he had paid in taxes.
 Judge Brown refusing the manda- mus, an appeal was taken, but the Supreme Court turned down the peti- tioner and the law was upheld.
The Montgomery advertiser., 1909-07-01
TREASURER OUSTED
GEORGE MICHAEL OF DEMOP0LIs
 IS UNSEATED.
Michael Was Elected While w. H. Welch Was Serving Under Pro- visions of Another Ordi-
 nance.

Uphoidfng the constitutionality of an ordinahce of the City of Demopo- lis. the Supreme Court yesterday. through the opinion of Justice Dem son. busted George J. Michael from the position of treasurer of the town, and defines the relations of w. H. Welch as that of treasurer.
 Michael was elected while Welch was serving under the provisions of another ordinance. Welch contested the election. which had been effected by the City Council. and, in the suit before the Marengo Circuit Court. Michael was busted. He appealed. but the Supreme Court affirmed the decis- ion of the lower court
The Montgomery advertiser., 1909-07-01
CHICAGO SYNDICATE
 BUYS TRACT OF LAND

Birmingham. June s0.-(Special)-- Options of 173 1-2 acres of land in and east of Birmingham, closed closed to- day and the deal consummated. where by Chicago people will take over the property for manufacturing purposes.
 Exactly what will be placed on the property Is not stated. but 1t Is under stood that iron and steel manufactur- ing plants win be put up.
 For part of the property 332s per acre was paid, but for large portion. alongside Shade Creek. sl0o per acre was paid The property is adjacent to four different railway lines. and there is an abundance of water ip the vicinity.
The Montgomery advertiser., 1909-07-01
srAGGs REARREsTED.
Warrant Charges Jefferson Constable
 With Murder.

WhHn MUk0eks
 Birmingham, June 30.-(Special.)-- Will Staggs, the constable in the western part of Jefferson County, who shot and killed Dan Sparrow few weeks ago, for which killing he sur rendered to the sheriff and was re- leased on a s1,o0o bond by Justice Ben- ner. pending a preliminary trial, was rearrested today on a warrant issued by Justice Matthews of Littleton. charging murder.
 No bond was allowed, and he will re- main in jail until an order either comes from Justice Matthews or from the county solicitor.
 Stasgs came in to the city this morning from Bessie Mines to attend the preliminary trial of three men charged with the dynamiting of his fathers home. He was apprehended in the court house. He showed no re- sistance whatever. and is confident that in a day or two he will be released on bond, strong influences being behind him.
 There is great feeling at Bessie Mines two factions being in evidence in the community. The new warrant for StaRgs was sworn out by a brother of Dan Sparrow, who came here from Mayo. Fla.
The Montgomery advertiser., 1909-07-01

Times were hard. and 1t was all that Walter streety could do to keep his wife and himself from hunger. He was told that a child would come soon, and he gave up.
 To escape the burden of another per- sons support, he killed his wife, Lou venia Streety.
 Such was the contention of the States attorneys, in the trial of Streety sev- eral months ago. Stretty was con- victed of the murder of his wife. and sentenced to life Imprisonment. He appealed from the conviction, but the Supreme Court. in an opinion rendered
The Montgomery advertiser., 1909-07-01
CRITICISES ALDRICH
SENATORS CUMMINs AND B0RAH
 SPEAK.
I0wsn and Idahoan Pay Their Re- spects to Leader of Finance Committee on the In-
 come Tax.

Washington, June 3O.--Income ta1 was practically the only subject ant Senators Cummins (Iowa) and Borat tIdaho) were the only speakers be- fore the Senate today.
 MT. Borah was not heard until to- wards the close of the days session, when the Iowa senator yielded the floor which he had held since yester- day. He took for his text the de- olaration made yesterday by Senator AlJrich to the effect that he would vote for the corporation tax amend ment only as a means of defeating the income tax amendment and, with out resortfng to personalities, he crit icised the position of the chairman of the Finance Committee who had pre- sented the corporation tax amendment to the Senate. Mir. Cummins also paid his respects to MT. Aldrich on account of his avowal of yesterday.
 MT. Cummins took the floor as soon as a quorum could be obtained soon after 10 o'clock and with a brief i'm termission for luncheon. an innovation in the Senate, he helj 1t until 4:3o o'clock in the afternoon.
 Much of the time today was devoted to the consideration of the nations finances, but considerable attention was also given to the general merits of a tax on incomes, which MT. Cum mins defended as the most rational because the most just of all taxes. Estimating the total revenues under the Aldrich-Payne bill at sS60, 900. and those to be derived from the in- ternal revenue at 3240,000.0 .000. he pre- dictei that at the end of the fiscal year 1911, there would be a deficit of not less than SITS 5,0O0.0Oo. He there- fore contended that the amendment ol the tariff bill by the adoption of an income tax was necessary in order to produce sufficient revenue for the conduct of the business of the govern rent
 MT. Cummins said that if the Fi- nance Committee resolution providing for the submission to the States of a constitueional amendment for an in- come tax should be presented to the Senate he would vote for 1t, but not with any hope of its success He did not doubt that there would be enough interest manifested against 1t to ob- tain adverse votes in a sufficient num- Der of States to defeat the proposi- ton.
 The Senate at $50 o'clock ad- journed.
The Montgomery advertiser., 1909-07-01
w.-, Shou. n, Railroad.

Birmingham, June So.--(Special.)- Quite a little force went into the new shops of the Illinois Central Railroad today and will be augmented tomorrow bv more men. These shops were built when the Illinois Central came into the Birmingham district and for the first time are ow to be used. The shops cost more than a million dol lars, together with the yards. which are between Birmingham. Ensley and North Birmingham.
The Montgomery advertiser., 1909-07-01
Hard Times DroUe Man to
 Kill Wife at Coming of Heir

yesterday. refused to reverse the sen tence. The opinion was that of Justice Simpson.
 The theory that the murder was committed because Streety was haunted by the prospective struggle that would come of another mouth to feed. was drawn from a conversation had be- tween Streety and neighbor. Bland. some days before the murder. Other evidence bore 1t out. and 1t was stressed by the prosecution.
 The affair occurred in St. Clair County. where Streety lived. poor mountaineer. The conviction was se- cured in the St Clair Circuit Court.
The Montgomery advertiser., 1909-07-01
A. B. STRICKLAND DEAD.
Aged Citisen of Union Springs Passes
 Away.

Union Springs, June 3o--tSpecial. )-- This morning at o'clock. death claim ed A. B. Strickland, one of Union Springs oldest and most beloved citi- gems.
 MT. Strickland was alnf6st 8 years of age and had been & citizen of this county since 1874. He was County Treasurer for four consecutive terms, a faithful member of the Baptist Church. a brave Confederate soldier of the 17th Alabama Regiment, and carried through life an empty sleeve.
 Five years ago he was stricken with
The Montgomery advertiser., 1909-07-01
cement Workers Increaaed,

Easton, Pa. June S0.-The Alpha Portland Cement Company today an- nounced a 10 per cent. increase in the wages of the laboring men at the va rious plants of the concern. The or- der effects about 1000 men. The com pany says the condition of trade does not warrant the increase. but the ad- ditionaI pay Is granted in consideration of the high cost of living. The order goes into effect tomorrow.
The Montgomery advertiser., 1909-07-01
IN NEW PosroFrICr.

Co0nodloas ouarteRs Have Been se.
 cured f9 Ozark.
 Ozark, June 30.-(special)-To row morning Postmaster Ciin M. Cox will greet the patrons of the once In his new quarters at the southeast cor ner of the public square.
 The transfer was made after the mail was received this evening.
 Capt. T. W. Chafin hss erected and equipped the new plant along modern lines. and 1t is one of the handsomest in South AlabAma. Mss Taylor L. Beale of Montgomery is the guest of Misses Bowling. on South Union Avenue.
The Montgomery advertiser., 1909-07-01
Newra Stole skN0.

Decatur. June sO.-(special. >-Win Jones, a negro porter. who Is in the county jail on the charge of having stolen $500 in cash from Obe Streeter. has confessed to the crime and in his confession has fully exhonerated Ben Hayes, another negro porter, and negro woman who was also arrested in connection with the case. MT. Streeter says that Ben Hayes is innocent of the charge and that there will be no case against him.
The Montgomery advertiser., 1909-07-01
AIdrich is Absent.

Washington, June S0-senator Flint. fcal1. today took Senator Aldrich' 8 place in charge of the tariff bill. As the entire day was occupied with set speeches, Mir. Fint's duty consisted in nothing more than a general oversight of the proceedings.
 There was no little curiosity as to where Mir. Aldrich had gone on his brief vacation, but the only information on this point was that he was on the ''wa- ter"
 Taking advantage of the absence of Mir. Aldrich the Insurgents" took conn., plete control of the order of business this afternoon, and despite earnest pro- tests from members of the Finance Committee, adjourned more than an hour before the accustomed time.
The Montgomery advertiser., 1909-07-01
Missouri Waterways Board

Jefferson City. Mo. June 3o.-Gover- nor Hadley today appointed w. K. Kavanaugh, Cyrus r. Walbridse of St Louis. former Governor A. M. Dockery of Gallatin, Walter s. Dickey and L. M. Jones of Kansas City. members of the Waterways Commission, as provid- ad bv the Legislature.
The Montgomery advertiser., 1909-07-01
SOCIETY IN TROY.
Mrs. FoImar Entertains in Honor of
 Mrs. Fuller.

Mrs. FOImar Entertains In Honor of
 Mrs. Fuller.
 Troy June 30S-(Special.)- )-Mrs. Frank P. Folmar entertained at a bridge party yesterday afternoon in honor of Mrs. Powell Fuller of Ameri- GUS, Ga.
 The double pariors in which the game was playeds> were rendered de- lightfully cool and refreshing by elec- tric fans and chilled grape juice served from an exquisite hand-painted punch bowl and cups.
 Mrs. W. l.. Davids made the highest score and received as souvenir beautiful lace handkerchief, which she graciously presented to the guest or honor.
 Mrs. Folmar's guests were: Mesdames Powell Fuller, L. M. Bashinsky. W. W. Haralson, Charles Henderson, Henry Rabcock, Robert Murphree, w. L. Dayids, W. B. Folmar, E. c. Cutlif,
The Montgomery advertiser., 1909-07-01
Ionn CAapius Burie1.

Decatur. June so.-tspeciai.)-Far from home and native land. and with out . relative In America. so far as known, John Chapius, a native of Paris. France, who died at his rooms in New Decatur ct an early hour Monday morn. ine. was buried in the city cemetery at . o'clock this morning. The funeral and burial was attended by many of his friends here. who had known him for q number of years.
The Montgomery advertiser., 1909-07-01
CIGARETTE LAW INVALID.

Washington Police Judge Questions the
 Act.
 Spokane. Wash, June 30.--The new State law forbiddIng cigarette smoking was questioned yesterday when Police Judge Mann dismissed two prisoners. holding that the statute does not state what a cigarette is.
 .In my belief" stated the court. "a ciearette is a small cigar, but as for calling some tobacco rolled up in a paper a cigarette. I cannot sec 1t that way"
The Montgomery advertiser., 1909-07-01
noAr Wnn MutiInted.

Pekin, June 3O.-The body of Hazrah Ali the member of the Clark meteo- rologicai expedltion.~sFno was killed in an encounter last week with natives in Kan Su province, was found by Lieu tenant Clark June 2S and buried at Lanchow. It had been mutilated by the natives.
The Montgomery advertiser., 1909-07-01
p,r-..gAan Bank Cieari.gs.

Birmingham, June 30.-(Special.)- The Birmingham bank clearings Tor the first six months of the year showed a total of S60.S3s.00o as against e4S-. 900, 900 for the same period in 1905. The increase has been month by month. Clearings have again reached tne sioo' 'opO .ooo per year ratio and the year wiIl nrobabIy show e total of $120.000,- 900, the high water mark of progress sives times.
The Montgomery advertiser., 1909-07-01

Hamilton wssdonv-c s. rutwiisr and Miss Leida Wall. ss
 Mrs. Fuller. who was once . resi- dent of Troy. is visiting . number of friends. ts
The Montgomery advertiser., 1909-07-01
PEACHES.

FINE PEACHES-Just received shipment from Cantslou orchards. Special prices by the basket in order to close out present
 consiKnment Call early today for choica Nrence and Dexter. Phone soaT. -io-Tt
The Montgomery advertiser., 1909-07-01

paralysis aEd sincs then had been con. fned to his home and rolling chair. al- ways cheerful and giad to zee hia friends.
 . He was twice married. first to Mrs. Jake Bsskin. and to this union waa born four children. one of whom sur wives him. Mrs. c. B. Chapman of San- dersviile, Ga
 His second wife, who was Miss Ann Baskin, survives him. s. The funeral will occur from the home Thursday morning at 10 o'clock. con- ducted by Rev. !. M. Thomas. The in. termsnt will be in Oak Hill Cemetery.
The Montgomery advertiser., 1909-07-01
CARn oF THANKs.

We wish to thank publicly our very kind friends for their many courtesies and valuable assistance during the long Sophie Frizzle.
 Mrs. Early Thornton.
 w. c. Frixxlo.
The Montgomery advertiser., 1909-07-01
FOUND.

FoUND-sl,5o for steam or dry cleaning.
 repairing and buttons, per month. try club Ladies' skirts Toe: all clothes re- turned same day received if requested Southern Dye Works. over Mays Bakery. Phone 1905. --i1
The Montgomery advertiser., 1909-07-01

wANTED-Boarders to occupy large room
 in coolest and healthiest part of city; rea- sonabie rates. Apply 2os Clayton. Phone 2367. -
The Montgomery advertiser., 1909-07-01
WANTED-BOARDERS.

COUPLE or two young men for cool. nicely
 furnished front room. with frst-ciass table board Close in and reasonable. Apply III 8. Hull St. Phone 202T. -7