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WILLTHEY KEEP OPEN DOORS
That Will Be the Question for the Bar Men to Decide. JUDGES FEAGIN AND GREEN Agree That the Sunday Law Regulating the Sale of Whisky by Saloon Keep ers Is Defective. Judge Feagin announced a surprise to the police force yesterday morning con cerning the Sunday laws. A State Herald reporter called at Judge Feagin's home last night for the purposu of interviewing him on the subject. Said the judge to the reporter: "My In structions to the police force were for them to discontinue the arrests of sa loon keepers and employes unless a sale for violating Sunday laws could be prov en when the defendant was brought be fore my court. "I had been holding that the law was violated by one who kept open on Sun day any store or saloon In which goods of any description were kept for sale w'hen proof was made that persons fre quehted and drank in the saloon or bar room, even if there was no sale, under that portion of section 626 of tHe city code which is as follows: " 'Any person who keeps open on Sun day any store, shop, warehouse or other building in which business Is transacted, or goods of any description are kept for sale.’ "Judge Greene held that the above lan guage of section 626 Eliould be construed in connection with the following lan guage of the same section: " 'Or who sells or offers for sale on that day any goods, etc.' "Judge Greene thus holding that a sale was necessary to a conviction, while I held that a keeping Of open doors was sufficient for a conviction under the first part of the section quoted.” “What will be the result of (his inter pretation of the statute?” the reporter asked. "1 fear that many of the saloon keep ers who are inclined to keep open sa loons even at the risk of arrest and trial will now- throw their doors wide open on Sunday and give away drinks.” “What do you consider a sale?” "The delivery of whisky to a person for money or other things of value.” \v hat evidence Is necessary to make a conviction under the law as hereafter to be construed by you and Judge Greene?” "Proof of any kind to show that there was a sale.” "Would open doors and the giving away of any ifuantity of beer or whisky in a saloon on Sunday be a violation of the law under the above construction?” "No. it would not; it would require the proof of a sale.” “Will this remain permanent?” "Yes, unless the council sees proper to change the law and make giving away beer or whisky on Sunday a violation of the law. or the keeping of open doors a violation of the law. In view of the fact that the attention of the public has been called to this matter I think it noth ing but justice to the police force to say that the many arrests they have hereto fore made for violating the Sunday laws have not been oppressive, but in har mony in most cases with my construction of the law." “What did you have to tell the police regarding the arrest of lewd women found walking the street after 9 o'clock p. m?” “I told them that they should not make arrests until the law Is changed. The statute is defective and meaningless. After 9 o'clock p. m. might as well mean 6 o'clock next morning or any other horn after 9 o’clock p. m. If the statute read after 9 o'clock and before 6 o'clock, or after 9 o’clock and before daylight, or between the hours of 9 o’clock p. m. and 6 o'clock a. m., I could convict under it. As it is the law must be construed lit erally for the defendant and rigorously ag-alnst the law makers.” The construction of the statutes has created a good deal of comment, pro and con, by all who learned of it yesterday. It is said that train loads of Sunday drinkers have heretofore been going to Bessemer, where the Sunday laws have not been enforced as strictly as they have been in Birmingham. It is generally be lieved that everything will be wide open from now on and that the city will have a less quiet appearance on Saturday nights.” One of the police commissioners yes terday told a State Herald reporter that the commission would take the matter In hand at once and do all in their power to maintain a rigorous enforcement of the Sunday laws. WARRIOR. The Long: Strike Ended—A Glance at the Sunlight Again. Warrior, Oct. 26.—(Special Correspond ence.)—Today ends the seventh week of the long strike here. A great many men have left and gone to work at other points. The Pearson company have at work more than 100 men, partly old em ployes and partly imported men. and seem pleased with the outlook before them. The Mabel Mining company have between thirty and forty men at work, all old employes. The business of the town, depending largely on the mining business, is naturally dull, though some life is infused into trade by the move ment of cotton, which was quite lively while prices held up. But the fall in price has had a depressing effect In that department of trade. The long continued drought and un precedented dust is very unpleasant, and everybody would be glad to see a good rain. A glance of sunlight was shed on the situation last evening by the art levee given at the Kaley hotel by the art class of Miss Lula Watson. Immense crowds of people, young and old, packed the halls and rooms of the hotel, where the beautiful paintings, works of the class, were displayed, tastefully hung on walls or appropriately arranged on easels, for the connoisseurs' inspection. It was a great pleasure to .see so many creditable paintings done by a class so recently or ganised and inexperienced. Some of the pictures are sketched from nature and some drawn from models. If Miss Wat son continues she certainly will accom plish much good in her line as art in structor. BESSEMER. The City Court Takes in Over $100 in Fines. Personals. Bessemer, Oct. 28.—(Special Corre spondence.)—Rev. W. K. Ivy preached to the Odd Fellows Sunday at the First Bap tist church at 11 o'clock. There was a very large attendance. Mrs. J. M. Henderson of Brighton, Ala., Is visiting Mrs. W. E. Sowell of Bessemer. Mr. and Mrs. Joe Handle of Birming ham were the guests of Mr. and Mrs. W. H. Howell Sunday. Mrs. Walker's baby Is improving very rapidly. Miss Dora Henderson was the guest of Mrs. John Day Monday. Mr. F. B. Nichols of Bessemer will move to Birmingham soon. The city court was quite extensive this morning, collections being over 8100 in fines and costs IN THE VARIOUS COURTS. The Gleason will case was resumed yes terday, but nothing of unusual Interest developed from the testimony. Circuit Court. The following Juries were empaneled yesterday: Jury No. 1—R. L. West, Shelby W. Al len, W. N. Martin. George W. Williams, F. H. Gallagher, J. R. Robbins, William Lovelace, J. M. Smith, J. J. Walters, R. A. Gilbert, John B. Barton, I. M. Hook. Jury No. 2—H. B. Ware, M. F. Olasgo, T N. Anglen, J. J. Weed. W. J. Shelton, O. M. Parish, Henry Tucker, W. I.. Buf ford. M. L. Ci Vann. Matthew Hughes, R. B. Ustlclt, A. C. Bear. A Judgment for the defendant was ren dered in the case of A. F. Inman vs. J. C. Wright. Rich * Beiderman vs. Steiner Bros, and William Berncy is on trial. Criminal Court. Juries were selected as follows: Jury No. 1—J. M. Conant. J. F. C. Fes ter, I.. G._ Pettijohn, G. W. Fox, J. H. Thompson, W. J. Salter, Arthur Whit more. James M. Rogers, Ram Brlick, J. H. Meeks, O. D. Killough, C. A. Wa mock. Jury No. 2—James H. Robertson, W. T. Wore, C. A. Greer, B. B. Quinn, W. M. Levi, P. H. Andoe, F. S. Snow. Mims Graham. S. M. Meigs, M. H. Howton, James King, John T. Levi. Henry Woodilff, charged with assault with Intent to murder, was acquitted. Will Bell was found guilty of burglary and grand larceny. Ed Williams, burglary and grand lar ceny; guilty. Penny Scott, same. Real Estate Transfers. ,T. R. Edwards to William Crooks, lots 14 and 15, block 1, McClain & Brown sur \ ey of northwest quarter of section 34. township IS, range 4 west: $185. N. C. Hitt and wife to Thomas Worth ington. two acres in west naif of south west quarter, section 23, township 16, range 1 west; $450. A. Ellis and wife to Thomas Worthing ton. half acre In northeast corner of west half of soutlrwest quarter, section 23, township 16, range 1 west; $226. Sue C. Wall to B. M. Barbour, half of lot r block 20. Eleventh avenue and Fif teenth street; $175. Inferior Criminal Court. John I,. Oidlea. resisting an officer in the discharge of his duties; $5 and cnst3. Jerry O’Brlyn, walking streets with im proper person; $5 and costs. Dan Jackson, refusing to work after sentence; $5. Mary Johnson, affray; $5. Mary Brooks, affray; $5. Jack Tyson, disorderly conduct; $5 and costs. Andrew Evans, using profane language in the presence of females; $5 and costs. W. E. Carson; $5 and costs. L. D. Deloach, refusing to pay bill to licensed barber shop: $3. Jim Saterfleld trespassing; $5. Harry Stone; $5 and costs. Scrofula lurks in the system now. Hood's Sarsaparilla cures scrofula by pu rifying the blood. SOUTHERN RAILWAY. Atlanta Exposition — Improved Railway Service. Tickets are on sale via the Southern railway to Atlanta on account of the ex position at rate of $3.80 for the round trip, good returning within seven days from date of sale, and $5.55 for the round trip, good returning within fifteen days from date of sale, and $7.55 for the round trip, good returning until January 7, 1896. The exposition is now open in full force and' every one should take advantage of the opportunity to attend. Three trains dally, Birmingham to At lanta— No. 38 Lv Blr. 5:55 am. Ar Atlanta 11:40 am No. 36 Lv Blr. 2:55 pm.-Ar Atlanta 8:55 pm No. 12 Lv Bir. 12:15 am. Ar Atlanta 6:55 am All trains carrying Pullman sleeping cars. Effective October 6, the Southern has added another train to the service be tween Atlanta and New York. The “Ex position Flyer"’ leaves Atlanta at 4 p. m. and arrives at Washington at 11:45 a. m. and New York at 6:23 p. m. Only twen ty-five hours from Atlanta to New York. Returning train leaves New York via Pennsylvania railroad at 11 a. m. and ar rives Atlanta 10:20 following morning. Train will be a solid vestibule of Pull man drawing room sleepers between New York, Washington and Atlanta and first class vestibule coaches between Atlanta and Washington. The schedule of No. 36. known as the "United States Fast Mail,” has been changed between Atlanta and Washing ton, lessening the time out between At lanta and New' York. Train now leaves Atlanta at 11:15 p. m. and arrives Wash ington at 9:40 p. m., New York 6:23 a. m. For information apply to L. A. SHIPMAN. T. P. A., , 10-10-tf_2201 First Avenue. POSTMASTER HOLCOMBE DEAD. News reached the city yesterday that Mr. J. C. Holcombe, postmaster at Wad dell, beyond Red mountain, died Sunday morning. He was 65 years old and had many relatives and friends throughout the country. He had been postmaster at Waddell for many years. deattTof anTnfant. The many friends ofl Mayor VanHoose will regret to hear of the death of his in fant son, which occurred last Sunday aft ernoon. The remains were Intered In Oak Hill cemetery Monday morning. Should be Looked Into. THOROUGH INVESTIGATION REQUESTED. A BOLD ASSERTION. Ever since Prof. Kocli startled the world by promising to cure consumption with the Koch lymph and his complete failure to do so, the people have been looking for some discovery which would prove an absolute, certain cure for that dread disease. Over a quarter of a century ago Dr. R. V. Pierce, chief consulting physician to the Invalids’ Hotel and Surgical Institute, put in a claim for a medicine, which he had discovered and used, in his extensive practice, that would cure niuety-eigllt per cent, ofall cases of consumption when taken in all its early stages. Time has proved that his assertion was based on facts gained from experience. His "Golden Medical Discovery ” has cured many thousand people in all parts of the world, and Dr. Pierce invites all interested to send to him for a free book which gives the names, addresses and photographs of many prominent people who have willingly testified to the marvelous curative proper ties of his "Gplden Medical Discovery." He has also written a Book of 160 pages on "Diseases of the Respiratory Organs, "which treats of all Throat, Bronchial and Dung diseases, also Asthma and Catanli, that will be mailed by the World’s Dispensary Med ical Association of Buffalo, N.V., on receipt of six cents in stamps, to pay postage. Consumption, as most everybody knows, is first manifested by feeble vitality, loss of strength, emaciation ; then local symp toms soon develop, as cough, difficult breathing, or bleeding from lungs, when investigation proves that tubercular de posits have formed in the lungs. It is earnestly advised that the “ Discovery ” be taken early and the latter stage; of the disease can thereby be easily avoided. To build up solidjftesh and strength after the grip, pneumonia, (“ lung fever ’’), ex hausting fevers, and other prostrating dis eases, it has no equal.^ It does not make fat like cod liver oil and its nasty com pounds, but, solid, wholesome flesh. You Needn’t Look immediately for the- damage that dangerous washing compounds do. It’s there, and it’s going on all the timev, but you won't see its effects, prbbably, for several months. It wouldn’t do, you know, to have them too dangerous. * The best way is to take no risk. You needn’t worry about damage ' to your clothes, if y<5'u keep to the original washing compound—Pearline; f first made and tally proved. What can you gain by using the imitations of it? ✓ Prize packages, cheaper prices, or whatever ' may by urged for them, wouldn't pay you for one ruined garment. Peddlers and some unscrupulous procers \vill telKvou, "this is as porfd as” or "the'satfee as PcaTline.” IT’S FALSE—Pearline is never peddled ; if your grocer sends you an imitation, be honest—send it back. 346 JAMES PYLE, Niw York. Beware “BREVITY IS THE SOUL OF WIT.” GOOD WIFE I YOU NEED SAPOLIO The Trade Palace Advertising is not all. Customers may come and unless they find real values they rarely come again. Facts must be cori ectl/ given and promises kept. The customer wants to find everything as stated in the advertisement. Apologies will not satisfy them. The Trade Palace is well aware that only honest advertisements pay and they will strive to continue to maintain their reputation and only advertise such that they have and are extra good values. 28 Cents. Five pieces bright Scotch Plaids, worth 45c, very stylish, for 28c. 69 Cents. All wool Knickerbocker Suitings, 46 inches wide, very stylish and beautiful mixtures, worth $1.00, at 69c. $2.98. Double Capes of black beaver Cloth, trimmed with black braid, considered a bargain at $5.00, marked down this week to $2.98. 69 Cents. Three dozen Chenill^e Table Covers, sizes 45x45, worth $1.26, at 69c. 1 ■ * 10 Cents. One hundred and fifty ‘pieces Outings in dark and medium colorings, at 15c; regular value 15c a yard, at 10c. 39 Cents. Fifteen pieces all wool Serges, black and variety of colors, 46 inches wide, actually worth GOc a yard, at 39c. 56 Cents. Twenty-five pieces all wool I.adies’ Cloth, in black and colors, 54 inches wide, sold for 90c a yard last season, now 56c a yard. 19 Cents. Ladles' full, regular made, fast black Hose. Hermsdorf dye, worth 25c a pair, special this week at 19c. $3.00. Twenty pair of Algerian Portieres, three yards long and 50 inches wide, worth $5.00 a jjair, at $3.00. 2&Cents. All Linen Hoorn Damask Table Linen, well worth 40c a yard, at 25c. $1.23.»| Thirty-five fancy Feather .Boas, 114 yards long, regular $2.00 quality, at $1.23. 88 Cents. Figured swivel, striped and and fancy Taffetas for waists or trimming, well worth $1.15 a yaar.d," all color effects, at 88c. 89 Cents. Ladles imported real French Kid Gloves In 5-hook Foster patent lacing, in tan and brown, equal to any $1.25 glove in the city, at 89c. 75 Cents. Fifty Marseilles Pattern Bed Spreads, 10-4, actual worth $1.00, at 75c. 10 Cents. Extra large size Honeycomb Towel, worth 15c, price this week 10c. N. B.—Our Millinery Department this season is strictly in it. We have new selections of the nobbiest and most stylish Hats to be found in the city at prices so reasonable that you cannot help but buy. Stylish Millinery has a great deal to do with one’s looks, so better buy your Fall Bonnet now. THE TRADE PALACE, 1921 and 1923 Second Avenue, Birmingham, Ala. You Can Now Find Seccnd Door Above First National Bank, First Avenue. All People Like the Best. I Sell Only Standard Goods Drugs, Patent Medicines, Toilet Articles, ; Seeds, Medical Wines ';! and Liquors. j! BULBS. Hyacinths, Narcissus, Lillies, Tulips, Crocus. ' »®"I am still Agent for the Belle of Sumpter Whisky. •John L. Parker, Druggist, 212 North Twentieth Street. Birmingham Paint and Glass Company LARGEST STOCK. LOWEST PRICES. Faints, Oils, Varnish, Class, Sash, Doors and Blinds. 1816 Third Avenue.Birmingham, Ala. THE BEST OF ALL In All Things All The Time. THERE are many GOOD life insurance companies, but among them all there must be on: BEST. THE BEST is 1HE EQUITABLE. If you wish to know why, send for: i, the report of the Superiniendent of Insurance for the State of New York on the examination of The Equitable; 2, for actual results of maturing policies; 3, for statement of death claims paid in 1894. Then >ou will know the three great reasons of The Equitable’s supremacy: First, its financial stability; second, its great profits and advantages to living policy-holders; third, the promptness of its payments and liberality of its settlements. The Equitable Life Assurance Society Of the United States. JAS. W. ALEXANDER, Vice-President. H. E. HYDE, President. ALABAMA DEPARTMENT. Clark & Jackson, Ma a^ers (L°Kirk jackwn) ", L. D. Burdette, Cashier. OFFICES—2021 First Avenue, Sauihern Club Building, Birmingham, Ala. Assets, $185,044 310. Surplus, $37,481,069. DR. Y. E. HOLLOWAY'S PRIVATE MEDICAL DISPENSARY Mfir.fr Fank Fuildinp, Cor. 1st Ave. S 21st Street, Birmingham, Ala. 1 te clc'ctt, Lett equipped and most (successful institution of its kind in tbs nit/ or 3tit» Established in the city of Birmingham, Ala., August 3, 1837. Cff re Honrs—8:30a. m. to 12 m.. 1:30 to 6:00 p. m.; Sundays, 10 a. m. toll m. Dr. Y. E. HOLIOWXY, Specialist. PRIVATE DISEASES. located in Blrming/am^and nounced through t/e ooIumns'bt^H^Hw* aid that he wouldirant only a special class of diseases that htf /ould ever achieve an international lepihAtlon. To our personal knowledge lrom tjj’QHS the tcean, in iar away England, Ujy,4t*^bQrJfltfned of his skill and laina>«ffa~conault Biufe We be lieve with iUb doctor that trutnOnerit and honor alwtiua win. He atands aWhe head h-a nlenminiVeijtlernskvBn able pVyslcian —and is recognk.fr [X th\ leading Atbor ity in the treatment Tof all priXA^^rafeasas. Birmingham may well Da proud of him. and has been longer in Birmingham than apecialist there. "Truth, merit and >r always win," and In that line Dr. icway tUadij°.ihs lr—mat .. The Metropolitan Hotel and Restaurant Nos. 8 and 10 North 20th Street, Corner Morris Avenue. NEXT TO THE UNION DEPOT. REGULAR MEALS, 25 CENTS. ADDISON & CO., General Insurance Agents and Brokers No. G07 Thirteenth street. Northwest. Washington, D. C. Represent only the best companies ana place Insurance on all classes of Insurable property at from 15 to 20 per cent lower than local agents. We deal direct with the prop erty owner and save him the agent's com mission. We make a specialty of Insuring cotton, cotton gins, stores, farm property, mills and factories of all kinds. Form for description of property mailed upon application. Writes us before Insuring for rates. Solicitors wanted. 8-2G-3m Vfi 8EEDS TPhU Famous Remedy cures quickly and perma nently all nervous diseases, such as Weak Memory, Loss of Brain Power, Headache, Wakefulness, Lost Vitality, nightly emissions, evil dreams, im potency and wasting diseases caused by youthfkal errors or excesses. Contains no opiates. Isa nerve tonic nud blood builder. Makes the pale and puny strong and plump. Easily carried In vest pocket. 81 per box? <1 for 85. By mall prepaid with a wrlttenguarantoetocurooriuoneyrerunded. Write us for free medical book, sent sealed In plain wrapper, which contains testimonials and financial references. No charge for consulta tions. Beware of imitatiout, bold by our adver* Used agents, or address NERVE SEED CO., Masonic Temple. Chicago. 111. Sold in Birmingham, Ala., by Nabors, Mor row & Sinnige. and by A. Godden, Druggists. 6 11 tne sat tf Wo send tho marvelous French Remedy CALTHOS free, nud a legal guarantee that CaltHos will RTOP Discharge* A Emission*, Cl'KR Hacrm*torrIiett.VuHcoeclo and RESTORE Lost Vigor. Use it and pay if satisfied. Address, VON MOHL CO.. Hole American Agent*, Cincinnati, Chin. 10-G-sd-tue-thurs-eow -wky-lyr and Opium Eal cured at home \\ it out pain.Book of p. ticulArssent Fit El iB.M.WOOLLEY,M i* Ladies Defenders. This week we will sell you a pair of these beautiful DEFENDERS for 19 cents; -worth 75 cents. Biggest bargain ever offered in Gai ners. Similar bargains in all grades of Shoes. The Feet Fitter, 2010 2d Avenue. Notice. A meeting of the stockholders of the Cen tral Land company Is hereby called to meet at the office of the Birmingham Rolling Mill company, in Birmingham, Ala., at noon on Wednesday, October 30, 1896. W. M. PRATT, President. s2S-ol, 8, 16, 22, 29 mm and Tumor* CBHKD : no kmi< book free. Dn.tlRATioMT 4Nobiuj No. 143 fc.lm streets Cincinnati. O.