davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1911-05-05
SOON BEGIN WORK ON NEW CITY HALL Decatur Plans$25, ,000Struc- ture-Miss Kelley's
 Case Continued

Decatur, May 4-(special.) .)-Decatur will soon commence work on a new $25,- GOO city hall The building will be beauty. The bonds have been issued and a number of plans for the building have been submitted, although a plan has not as yet been agreed on. It is expected, however, that within very few days one of the plans submitted will be adopted and work will commence on the building as soon as this is done
 A Sunday school institute for the Bap- tist Sunday school workers of the Deca- turs and the Decatur district will be held in the First Baptist church, Decatur, May g, 1911. There will be number or fine addresses during the meeting and large crowds are expected to attend the meetings, Among the speakers will be the Rev. A. J. Dickinson, pastor of the First Baptits church of Birmingham, Ala; H. L. Strickland, Baptist State Sun day school, secretary: Miss Alice Hale of Birmingham. Ala, and others.
 The crowd that usually attends the trial in the courts here were sadly disap- pointed yesterday, when they learned that they would not have the opportunity of hearing woman lawyer argue case before the judge and jury here on ac- count of the case of Miss Augusta Blood worth against the Southern railroad for s19e9 damages, having been continued to another term of the court.
 Miss Maude Mcclure Kelley, young woman lawyer of Birmingham, and a daughter of the well known Judge Rich ard B. Kelley of Birmingham, is the le- gal council for Miss Bloodworth, and she appeared here in cap and gown and was the center of attraction in the court room.
The Birmingham age-herald., 1911-05-05
ALDERMEN CHANGE
 AFTER ELECTION
Now Oppose Commission GOvernment-Will Delay
 Municipal Hotel

| Huntsville, May 4-(Special)-At a.
 meeting of the city council, after the of | fcial report was made of the vote Monday | in favor of the s1oo,000 hotel bond issue. the council decided to postpone action In the matter for an indefinite time or until
 the city is in better financial condition to look after expensive details. The present city hall is covered by bonds of s20,000.
 which must be redeemed before the build ing is razed and then a new home for
 the fire department will have to be erect ed. The business men who brought
 about the bond election will probably
 take the matter up again and hold
 mass meeting at which the aldermen
 will be urged to get busy, issue the bonds
 voted on Monday and build a hotel. | Six of the aldermen have signed
 statement addressed to the public giving
 notice that they have reversed their opin- ions relative to commission government ] for Huntsville. While making the race
 the friends Of commission government induced the mayor and all of the present council to sign an agreement that as soon as they were elected they would proceed to do everything possible to have
 the city government changed to the com mission form. Six of the men have changed their minds since being elected
 to their offices. They claim that they
 thought the commissioners were to be
 elected by the people, while the new Kilby
 bill provides that the governor shall ap-
 point them. The attitude of the alder | men, it is claimed, is not material be- cause of the fact that the procedure for
 bringing about an election to decide whether or not there shall be municipal
 commission is beyond the authority of
 the board.
 | Henry Simmons, farm hand, was
 lodged in jail last evening on charge of
 arson, being an accomplice of Jim Hol-
 man in the destruction of James Travis
 barn near Toney two years ago. Holman
 was recently arrested on a charge of
 poisoning his wife and after he was In | 1ail Simmons confessed that he knew | Holman had burned the Travis barn ana
 had threatened to kill him if he ever
 told 1t.
 | George w. Laws of Chattanooga and
 Miss Marie Reimbold, daughter of A.
 Reimbold of Huntsville, were married last
 night in the Central Presbyterian manse, | Rev F. l.. Weir officiating. A small party
 of relatives witnessed the ceremony. l Will Beamer. charged with larceny in | Chattanooga, was arrested on a passenger | train here yesterday and held to await the arrival of a Chattanooga officer. | Miss May Beverly, aged 2 years, daugh- ter of w. J. Beverley of Merrimack died yesterday at the home of her parents after an illness of two years with tuber- i culosis. She leaves, besides her parents, | four sisters and two brothers.
The Birmingham age-herald., 1911-05-05
CENTRAL FAIR HAS
 LIVE COMMITTEES
Will Put on Creditable Ex- hibition-Today Is Good
 Roads Day

Selma, May cial)-President At kins of the Central Alabama Fair asso- ciation has announced his committees and they have already begun their work. and if the proper encouragement Is given by the business men of Selma and the ad- joining country, Selma will have a fair this fall better than any heretofore held.
 The finance committee, composed of Morris Meyer, V. B. Atkins and Clifton Kirkpatrick will call on all the mer- chants as soon as possible and hope to the present week.
 The premium committee, composed of w. C. Ward, Selma; A. B. Moore of Ma? rion junction, and J. l.. Day of Pleasant Hill will be ready with the premium list as soon as they are advised that the necessary funds have been secured and will so arrange their lists that 5000 will be recveived from the state for additional premiums on agricultural products, live stock and poultry.
 The publicity committee consists of w A. Anderston, J. B. Ellis and H. M. Smith and they will be ready to com mence their campaign as soon as the finance committee reports.
 The secretary Is in correspondence with the officers of the Southern Fair circuit and it is expected that dates will be an tions secured.
 The Milhouse, or Davis plantation i,, ytprx Iar, 1 several miles across the Alabama river south of Selma, was purchased yesterday by J. H. Brown, negro, who paid S11, 200 for the place Brown has been living near the plantation which he purchased and is an example that other members oi his race might emulate. He has pros. pered through saving from his labor and has made name for himself in the com mercial world for his honesty and integ- rity. The plantation which he purchased Is a good one and the price paid, $1o ar acre. is considered a fair one.
 Friday, May 5, will be good roads day in Dallas county. On that day commit tees which have been appointed with canvass every rural beat and city ward for new members to the Dallas County Good Roads association. It is expected that the canvass will result in several hundred new members being added to the membership of the association.
 Through it's efforts the Dallas County Good Roads association has done a great work for the building and Improvements of the public highways of the county. With new interest stimulated this work upon the roads of the county will con- tinue to improve until every public road within the confines of the county has been placed in first-class condition.
 Considerable interest is also being taken by the residents of Dallas county in the good roads special train of the Southern railway, which will come to Selma next Tuesday, A large number of people from the surrounding country will come to Selma on that day to see this train.
The Birmingham age-herald., 1911-05-05
|IS CERTAINLY DOING GOOD WORK
Gunn's Pharmacy Still the Scene of Marvellous
 Enthusiasm

More wonderful cures of rheumatism. catarrh and stomach troubles could be published if people would allow the publication of their names. Many per sons object to this. and the Health Teacher Is not allowed any conssdera-
 tion to publish the names of people cu.ed without their consent. The Health Teacher does not even take the rsrnes of anybody who purchaSes the Quaker Remedies. and therefore, when testimonials are published you tan de-
The Birmingham age-herald., 1911-05-05

pend on it they are given voluntarily by thankful, grateful and appreciative people.
 matsm, catarrh. constipation, indiges- ton, kidney. liver. stomach or blood troubles. female Irregularities. etc. should call at Gunn's Pharmacy, corner Third avenue and Nineteenth street, at once and obtain Quaker Extract--31. three for $2.60. six for $. oil of Balm 25 cents, five for $l. ss A s37 le
The Birmingham age-herald., 1911-05-05
GERMAN ANTARCTIC
 EXPLORERS START

Hamburg. May 1.-The steamer Deutschland, with the German antractic expedition, sailed at daybreak for Buenos Ayers, where her complete supplies will be taken on.
 The expedition is under the auspices Of the Geographical society in Berlin and is commanded by Lieutnant Filchner, of the general staff of the army.
 Lieutenant Filchner did not sail with the Deutschland today, but will join the vessel in southern waters. He Is 8 well known explorer and was one of the first to reach L'Hassa, Tibet. He explored Turkistan and Persia in 1903 and 1905.
The Birmingham age-herald., 1911-05-05

And the good work continues. In stead of diminishing the enthusiasm grows greater from day to day. Why? Simply as results become known peo- pie get more confidence, and that is why the Health Teacher has had the most successful and largest sale ever conducted in Birmingham. If this great work continues Quaker Extract and oil of Balm will soon be found In nearly every family in Birmingham.
The Birmingham age-herald., 1911-05-05
William Visits Gustave

Karlshure Duchy of Baden. May A. Fmperor William and Empress arrived here today to be the guests with King Gustave and the Queen of Sweden of Grand Duke Frederick. They reached Genoa from Corfu on the imperial yacht Hohenzollern last night. King Gustave and the queen are returning home from visit to King Victor Elm manuel and Queen Helena at Rome.
The Birmingham age-herald., 1911-05-05
ROWLAND PASTOR OF TWO CHURCHES Is Now Charged With Op- erating Still in Clay
 County

Anniston, May 4.--(Special)- )--Judge c. B. Randolph, United States revenue commissioner, stated this afternoon that George Rowland, the Clay county man who was captured at a large still of which he was the alleged operator last Sunday. is pastor of two churches' one of which is the Ebenezer church. near which his still was located. NOW land has been released on a $500 bond, but he will be tried again next Mon. day in another case.
 Supernumerary Judge Alston deliv- cred a lecture to Jack Garner, one or the most prominent of the alleged blind tigers in the city. this afternoon In fixing a six months hard labor sem tence, in addition to a fine of $500 for alleged prohibition violation.
 At a meeting of the Anniston Free Kindergarten association in the par lors of the Alabama hotel on Wednes- day evening, it was shown that the sum of s625 has been expended during the past nine months in ameliorating conditions among the children of An niston's poor. Officers were reelected and other business was transacted.
 The officers are: Mrs. A. H. Shep- perd, president; Mrs. John M. Stillwell. secretary; Miss Emily Tyler, treasurer; vice president, Mrs. J. B. Darlington. Mrs N F.. Dry, Mrs. O. H. Parker, Mrs. Gerard Schumacher. Mrs. w F. Brown. Mrs. Theodore Maybank and Mrs. E. l.. Tyler; advisory board, Mrs. John B. Knox, Mrs. J. c. Sproull, Mrs, T. l..
The Birmingham age-herald., 1911-05-05
Robinson, Mrs. A. L. Tyler. Jr.. Mrs. Anselm Sterne and Mrs. Leon Ullman.

Anselm Sterne and Mrs. Leon Ullman.
 The question of better public high ways has been before the Calhoun county road and revenue commission CTS this week, and they have decided at their next meeting to make further study of the problem of improving the roads of Calhoun. One step in this connection will be the purchase of an improved road machine, demonstrators having been invited to exhibit their wares at the next meeting Of the board.
 Charles T. Brooks, sheriff of Calhoun county, has had two unique experi- ences The first was in having large amount of contraband tiger liquor stolen from a building where 1t had been stored after a raid at Jackson vile, and the second was In having this same booze returned by the per sons who spirited 1t away He has, been informed that the liquor was left on a wagon in front of the building whence 1t was taken.
 The people of oxford. the largest of the Anniston suburbs, are becoming quite excited over the bond election, which will be held there on May 22 for the purpose of deciding upon proposed issuance of $12,000 in mu- nicipal bonds for sewerage improve ments, this having been an issue in the last municipal election.
The Birmingham age-herald., 1911-05-05

FOR RENT-5-room house at Boyles; rental $150 per year. Price $11O0.00. $500 cash, bal ance terms. This offer good to noon today.
 w. DANIEL 402 N. 18th Street; Bell 4390,
 Peoples 519.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
LEGAL.

morals, constitute nuisances.
?. The selling and delivering OF intoNi-
eating liquors on the streets and alleys,
Of city publicly repeated and per-
ststently, is common nuisance
which may be enjoined by a court
Of equity under section 265 OF
the Civil Code authorizing the granting
of an Injunction in the name OF the state
to enjoin and suppress the keeping and
maintaining of a common nuisance"
3. The fact that the same acts may
constitute a public offense IS no bar to
the maintenance Of an equitable action
to enjoin the nuisance.
4. In proceedings brought under the
prohibitory law, which provides, among
other things. that all places where in
toXicating liquors are sold or given away,
or kept for sale or delivery. in violation
of law, or where persons are permitted to
resort for the purpose Of drinking intoNi-
eating liquors a beverage. are common
nuisances which may be enjoined and
abated at the instance of the state. the
occupation and use of a street or alley
or other public ground by the defendant.
for the unlawful purpose. may be en-
joined and an averment in the petition
for the Injunction that the defendant had
been using. and was still continuing to
use, the streets and alleys Of a certain
city for the sale and delivery Of intoNi-
eating liquors in violation of the law. is
a sufficient description of the place with
in the meaning of that statute.
All of the Justices cOncurring.
A true copy.
Attest D. A. VALENTINE,
[SeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

S. w. Balch. Appellant,
| A p Glenn. The chronological Com
mission of Kansas, f. D. Coburn. Wal
| ter Wellhouse, F. H. Stannard, 5. j.
Hunter and T. J. Headlee, Appellees.
Appeal from Sedgwick County
AFFIRMED
Syllabus BY the Court. Porter. J.
1. The statute creating the Entomology
cal Commission and providing for the eX-
termination of san Jose scale and other
orchard pests Gen. Stat. 1909 oh. l0S art.
43) is a valid exercise of the police power
3 The statute is not invalid because it
delegates to the commission the power 10
declare the existence of conditions which
call into operation the provisions of the
statute.
g. The legislature may declare that to
be a nuisance which is detrimental to the
health, morals, peace, or welfare of its
citizens. and may confer power upon local
boards or tribunals to exercise the police
power of the state when in the Judgment
of such tribunals the conditions exist
which the legislature has declared con-
stitute such nuisance.
a Nor is the statute in question uncon-
stitutional on the ground that it provides
for taking private property without
due process of law. 1t rests wholly with
the legislature whether. in the exercise
of its power of police regulation, the in
dividual whose property is destroyed shall
receive compensation therefor
5. The statute is designed to protect
and promote the horticultural interests
of the state and, in effect makes all or
chards trees, shrubs, and plants infested
with the pests mentioned in the statute
public nuisances, and being a proper ex-
ercise of the police power is not uncon-
stitutional because it authorizes the eN-
pense of abating such nuisance TO be
charged against the property of the
owner
g. Nor is the statute unconstitutional
because no separate tribunal is provided
by which the owner may contest the
amount of expense which shall be charged
against his property. The act requires
notice to be served upon the owner stat
ing the amount of expense incurred by
unless such expense be paid within twenty
days the same will be taxed against his
property Held, that, ample notice be
ing provided which gives the property
owner opportunity to question the
amount of such expense in action in
any court of competent jurisdiction be-
fore his property is affected, he is afford
ed due process of law
Z The lien given by the statute upon
premises for the expense of abating such
nuisance thereon is not for delinquent
tax but for IN Indebtedness due the county
and the provision authorizing such ex-
pense to be collected as other taxes are
tutional inhibition.
All the Justices concurring.
A true copy
Attest: d A VALENTINE.
TSeal1 Clerk Supreme Court.
Nos. 177s1. II. 1872. 1873, 17.7s4 17.7s5
The State of Kansas, Appellant,
Harry RabinoWitZ, ct al, AppelIees.
Appeal from Leavenworth County.
REVERSED.
Syllabus By the Court. Johnston, c. J. ]
1. At the common law acts done in vio-
lation of law, or which are against good
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

No. 1903.
The Kansas City Paper House, a corpo-
ration, Appellant
The Foley Railway Printing Company, a
corporation, Appellee
Appeal from Labette County
REVERSED.
Syllabus b. the Court. Mason. J.
1. Where corporation through its presl-
personally by the holder OF its note be
credited thereon, this amounts to trans
fer of the account from the president to
the corporation, and in an action upon the
note the plaintiff cannot object to the ac-
count being used as offset, on the
ground that no formal assignment had
been made.
2 Where a referee sustains a motion
to strike out certain testimony that has
been introduced a the trial, and no or
der is made reinstating it, such testimony
cannot be considered by the court in deter
mining whether there was any evidence
to sustain the finding of the referee.
g. All agreement to pay for services in
selling goods to a public board, which
does not contemplate the exercise of per-
sonal or political influence, and on the
carrying out of which no such influence
wise unobjectionable, is not rendered void
made to depend upon the success of his
efforts, or because he makes a legitimate
argument to one of the members of the
board while the others are not present.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14

No 1858.
Fred Hurst ct al, Appellants
Helen Obee Dana, Appellee.
The State of Kansas, interviewer
Appeal from Reno County.
REVERSED.
Syllabus BY the Court. West. J..
The title to the bed of the Arkansas
river within the boundaries OF Kansas IS
in the state.
Burch, J.. Mason, J.. Smith. j.. Porter.
J., and Benson, J., concurring. Johnston,
c. J., dissenting.
\ true copy.
Attest: y. A. VALENTINE,
ISea1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
No. 1903.
Frederick Kitchener. Appellee,


John Jehlik. Appellant
Appeal from Clay County.
AFFIRMED
Syllabus BY the Court. Smith. J..
l. Where contract has been made in
writing for the purchase and sale of real
estate, which provides that the purchaser
may pay the entire purchase price In cash
or may assume the payment Of a mort
gage as a part of such purchase price.
and where thereafter the seller on re-
quest therefor, refuses to pay off the
mortgage preparatory 70 closing the
transaction. an oral agreement between
the parties that the purchaser will as
sumo the mortgage does not constitute a
new contract
, In such case. the oral agreement that
the purchaser Will elect to close the deal
ton. does not render the written contract
unenforcible under section Of the statute
of frauds and perjuries-
3. In action for the specific perform
ance OF a contract to sell and convey land
it constitutes no adequate defense IL the
defendant proves that subsequently, to the
commencement Of the action he has exc
to another for the same land.
4. A deed purpOrting to convey land
in the absence of evidence as to the time
of delivery, VIII be presumed not to have
been delivered prior to the date Of ac-
knowlcd gment.
.. one who accepts a deed to such land
after the commencement of such action
is a purchaser pendente lite and his fifIe
to the land is subject to the result Of such
action.
All the Justices concurring.
A true copy.
Attest; d. A. VALENTINE.
tSeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
No. Is, S5S.
George Mentzer, Appellee,

II. D. Burlingame, ct al, Appellants.
Appeal from Woodson County.
AFFIRMED.
Syllabus. BY the Court. Benson 7
l. Declarations made by a person since
deceased against his pecuniary or pro-
prietary interest concerning facts within
his knowledge, which are material and
relevant to the issues, are admissible in
evidence although not part of the res
gestae, and although the declarent was
not a party nor in privity with a party to
the action.
, The statement of the holder of prom
issory notes to one of the joint makers
that THE notes are paid far as you are
concerned" is not material evidence for
such joint maker in action for contri-
button by another joint maker who gave
a new note for the indebtedness which he
afterwards paid.
All the Justices concurring.
A true copy
Attest: d. A VALENTINE
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
No. f7.726.
swan Johnson, Plaintiff.

Swan johnson, Plaintiff.
W. +. Schoch. Probate Judge Of shawn.
County. Kansas. Defendant
ORlIlNAL PROCEEDING IN MAN
DAMUS
PEREMPTORY WRIT DENIED
SYLLABUS BY the Court. Johnston q
l. a person aoJudged to be insane "a
committed to a state hospital for tbe q,
sane, who was afterwards discharged 80
the hospital as improved is not NV -
son OF such discharge. entitled to f5o -
Try OF an order restoring him to his ri,.5t.,
p Only such patients as have re- a.
charged from the hospital as cured =
are not insane, are entitld to an or5e, ~ ~
The term discharged as irnpro,.o..,
Is not the equivalent OF ''dischsree6s 60 -
cured within the meaning az th.e ~. as
term as used in section siS4 - ~, i1tter
eral Statutes of 1909 "a ehe Cen
true copy.
TTAsss55i' d. A. VALENTINE
Clerk Supreme Court