Birmingham state herald., October 29, 1895, Page 8, Image 8

About Birmingham state herald. (Birmingham, Ala.) 1895-1897

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
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.