The age-herald. [volume], March 14, 1901, Page 12, Image 12

About The age-herald. [volume] (Birmingham, Ala.) 1897-1902

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THE BEST.
We mean there is nothing to equal
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BEN M. JACOBS & BROS.,
2011 First avenue, Birmingham.
117 Nineteenth Street.
DALLAS PRIMARY.
The Late Frank Pettus Received 778
Votes as a Mark of Esteem.
Selma. March 13.—(Special.)—The re
turns of the primary election held In this
county on Saturday last wi re aggregated
and the result announced by the members
of the county executive committee pres
ent at the meeting today. There were
1444 votes cast, of which for delegates
from the county B. II. Craig received 1258
votes. John F. Burns 11G0 votes. IT. F.
Reese lrt86 votes and Watkins Vaughan
786 votes. P. H. Pitts received practically
all the votes for delegate from the Sen
atorial district. Hon. Francis L. Pettus.
whose name was on the ticket from the
Congressional district this death occur
ring after the tickets were printed) re
ceived 778 votes as a mark of the esteem
in which his old friends held him.
PRINTER ARRESTED.
Using the Mails To Work a Unique
Scheme.
Wilmington. N. C.. March 13.— Postofflco
Inspector Jere Connolly arrived today
from Daurenburg, N. t\, where he caused
the arrest of H. T. Allen, alias Dr. Allen.
,a printer, on the local newspaper. The
charge against his is fraudulent use of the
malls in that he advertised extensively
certain receipts and offered as a prize
•with each order fac simile bills to the
I amount of $15. which he says were print
. ed on ‘‘B. N. paper and could not be told
from the genuine article.”
The bills in reality were Confederate!
notes. It is said Allen numbered his
tims from Maine to Mexico, saK'ernl or
i ders having been received^ from New
York State. He was given preliminary
! examination and committed to jail for
the United States Distent Court in de
j fault of bond in thc^sum of $500.
Brunswick Merchant Kills Himself.
ScunsuKkJff! Ga., March 13.—J. It. B
Dan forth, a. prominent lumber merchant
j of this place, suicided at his home here
tonight by shooting himself through the
head- No cause Is known. Just previous
to the act Mr. Danforth attired himself
In evening dress and went into the par
lor. where he shot himself. He requested
I that his funeral be conducted at sea
without religions ceremony.
Many Forms
Light comes to us in many forms.
In the same manner we have the elec
tric light in the plain drop, the hand
some lamp, or the flower-like wall or
chandelier form.
The light is what you want, how
ever, and we give you the best there
is.
THE..
CONSOLIDATED ELECTRIC LIGHT
COMPANY.
Cor. Powell Avenue and 19th St.
AUDITORIUM THEATRE.
TWO NIGHTS AND MATINEE
Sr MAR. 15-16
| LINCOLN J. GARTER’S
Wonderful Railroad Play,
THE
FAST MAIL
See the—
FULL SIZED
PRACTICAL LOCOMOTIVE
aud TRAIN OF FOURTEEN
FREIGHT CARS.
FLIGHT OF THF FAST MAIL.
NIAGARA FALLS BY MOONLIGHT.
EXCITING STEAMBOAT RACE.
Prices 25c, 35c, 50c,
- -. -- •• - ' - ■
‘MDomau..
--w--S(\p\?VW
ANNIE KENDRICK WALKER V/vVIlV % M
D. A. R. Meeting.
One of the largest and most enthusias
tic meetings in the history of General
Sumpter Chapter D. A. R.’s was held
yesterday at the residence of Mrs. J. D.
Dabney, the occasion being marked by
the installation of the now chapter re
gent, Mrs. I*. G. Woodson and by the re
ports of the recent continental congress.
The report was made by Mrs. Charlc3
Rend, who went ns a delegate from Gen
eral Sumpter Chapter. Mrs. J. Morgan
Smith, the State regent, who was also
expected to address the chapter, was de
tained by illness, and there was universal
disappointment on the part of the mem
bers that Mrs. Smith could not be pres
ent at the meeting and speak of the con
gress. The aftermath is always so inter
esting, and in view of the press accounts
of the recent congress the Daughters an
ticipated with more than ordinary inter
est—almost excitement, one might say—
the discussions of their representatives
at this distinguished gathering.
The meeting included the usual busi
ness routine, and after this the Daugh
ters listened to the beautiful address of
Mrs. Woodson, their new regent, who at
the conclusion of her address was warm
ly applauded.
“I have learned from experience,” said
Mrs. Woodson, “that the honor derived
from an official position is an honor which
means great responsibility and much
work. In assuming the regency of this
chapter I am fully impressed with the
fact that I have been paid a very high
compliment and that my bouquet is not
without thorns; but with the earnest help
J of each member and the enthusiasm
raised by the Sunday school of the South
side Baptist church for the purpose of
furnishing the reading rooms, gymnas
ium, etc., that the church Intends build
ing within the next few months. The de
tails of the entertainment are being ar
ranged by Mrs. Minnie Bee Ward, the
gifted little daughter of Captain and Mrs.
Ward, and the success of the recital,
which is already assured, will be due to
the faithful and untiring efforts of this
bright and popular little girl. She has at
tended to all the minor details, to the is
suing of the tickets, providing the re
freshments and arranging the programme
for the evening. An admission of 10 cents
will be charged, and the public Is cor
dially invited.
In Society.
Mrs. Samuel Will John will entertain
the Clionian Club Frldny afternoon.
* 9 »
The young women of the Sewing Cir
cle are working to make the reception
to be given tomorrow afternoon and even
ing at the residence of Mrs. Eugene
Brown, a great financial success. The pro
ceeds will be used in purchasing material
to be made into clothes for the boys at
the Industrial School. The boys will be
among the guests at the reception, and
will be a drawing card In themselves. A
buffet luncheon will be served, and a mu
sical programme will be given. There
havq been no Invitations issued, and the
public is cordially invited through the
columns of the press.
• * *
The friends of Miss Susanetta Bailey,
who Is now In New York pursuing her
vocal studies urn^er the direction of Me,
....... ....
MARGARET SEVERANCE,
who will be heard in her famous monologue, “The Elixir of Life,” at Elks’
Hall tonight.
which we all feel, I am not afraid to grasp
it, thorns and all, for I am sure of your
help and sympathy and encouragement.
“Under the wise and able administra
tion of my distinguished predecessor we
have seen this chapter grow from a small
beginning to its present exalted position,
both in numbers and influence .and this
has been done in a very short time. Help
me to make this year a star in our his
tory, for the seed time is past and we
are reaping the harvest of past labor as
well as the harvest of our own work. I
thank you all for the courtesy extended
to me, and I especially thank you for our
dear State regent, whose personality and
interest Is an inspiration to us all.”
Following Mrs. Woodson’s address came
the report of Mrs. Read, who recalled so
charmingly and vividly the scenes at the
recent congress that the Daughters had
little difficulty in picturing the now fa
mous incident when Mrs. Manning re
quested Mrs. McLean to retire, roses and
all, from the lower box In the theatrew In
which only ex-officers of the D. A. R.
Society"might be in full view. Mrs. Read
recalled the interesting discussions and
reports in regard to the Continental Hall
and which have been seen in the press
accounts. Mrs. Read expressed the opin
ion that the Daughters gave too much
time in discussing trival matters, there
by crowding out weighty questions. She
told of the important events of each day
and when she reached the day of days,,
election of officers, there was a breath
less silence throughout Mrs. Dabney's
drawing room.
Mrs. Read, in referring to the balloting
mentioned that Mrs. Clarke of Mobile was
appointed one of the tellers. The ballots
were counted over at the famous Arling
ton. and it was after 5 o'clock In the
morning before the result was known.
Several of the Daughters who did the
counting were unable to appear at the
congress the next morning. But among
the many incidents recalled by Mrs. Read
was the occasion when just after Mrs.
Manning had been presented with the
gold loving cup, a slight discussion arose
over a ballot of one of the officers.
She had neglected to votfe and the bal
lot box was closed, or there was some
other technicality that was suffllng the
Daughters. It was then that Mrs. Smith,
Alabama’s regent, with characteristic
gracefulness, suggested that the ballot
be east in the loving cup, which was no
sooner said than done. Mrs. Read’s re
port was most interesting and greatly en
joyed by the Daughters. Mrs. Donnelly
of Cincinnati, and Miss Kittle Boggs of
Augusta, Ga.t who were guests at the
meeting, were asked to tell something of
the work of their chapters, both Mrs.
Donnelly and Miss Boggs dwelt upon the
patriotic work of the Ohio and Georgia
Daughters.
At the meeting yesterday Mrs. A. G.
Smith was elected secretary and Mrs. A.
T. Henley historian.
A Delightful Recital.
A delightful event of the week will be
the recital to be given tomorrow evening
at the residence of Captain and Mrs. W.
C. Ward, 1717 Twelfth avenue. The pro
ceeds will go to augment the funds being
Mott, will be pleased to learn of her
marked progress. In letters to friends
In Birmingham, she speaks of her con
cert, reception and drawing room work,
and states that her teacher gives her
great encouragement.
» • *
Miss Wilkins of Washington, D. C., Is
the guest of her aunt, Mrs. S. Perry
I Fowlkes.
STATE LAWS
(Conttued from Page Eleven.)
tion 12 of said act be amended so as to
read as follows: That when an appli
cant shall have completed his examina
tion he shall write his name and address
on each paper of the same and deliver
the same to the person appointed to con
duct the examination, who shall enclose
the papers of each applicant In a sepa
rate envelope, together with his certifi
cate of the good moral character of the
applicant, or the written proof of the
same, on which he admitted the applicant
to examination, and shall transmit the
same to the Secretary of State Board of
Examiners without delay.
Sec. 9. Be it furtliey enacted. That sec
tion 14 of said act be amended so as to
read as follows: That all examination
papers shall be kept on file In the ofllce
of the Superintendent of Education sub
ject to public Inspection for six months.
That any persons who purloins, steals,
buys, receives, sells, gives or offers to
buy, give or sell any examination ques
tions or copies thereof before the date of
examination for which they had been pre
pared, shall be guilty of a misdemeanor,
and upon convctlon thereof shall be fined
not less than one hundred dollars, and
may also be sentenced to hard labor for
the county for not less than six months.
Sec. 10. Be It further enacted, That the
provisions of this act as to the time of
holding examinations shall not be effected
till the first day of April, 1901; provided,
that the provisions of this act shall not
be construed so as to apply to separate
school districts of two thousand Inhabi
tants or more having authority at pres
ent by their charters to examine their
teachers.
Sec. 11. Be It further enacted. That all
laws and parts of laws, both general and
special, In conflict with the provisions of
this act, are hereby repealed.
Approved February 8, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 3.13. AN ACT S. 255.
To appropriate MOO to enable the door
keepers of the Senate and House to pay
the Incidental expenses of the two
Houses.
Section 1. Be it enacted by the General
Assembly of Alabama, That MOO be, and
the same la, hereby appropriated out of
any moneya In the trsasury not otherwise
appropriated for the purpose of enabling
GREEN, TIYLOR & CO.,
THB UHDBHTAKBRB.
the doorkeepers of the two Houses of
the General Assembly to defray the coat
of preparing the two Houses for the use
of the General Assembly, and for provid
ing other necessities for the use and com
fort of the Assembly.
Sec. 2. Be it further enacted, That the
Auditor of the State is hereby authorized
to honor the warrants of the doorkeepers
of each of the twro Houses for |300 each,
or so much thereof as may be necessary
for the purposes above set forth.
Approved February 9, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 334. AN ACT S. 3G7.
To authorize the removal of oysters from
Alabama reefs for use In canning with
in the State of Alabama by certain cit
izens of the State.
Section 1. Be it enacted by the General
Assembly of Alabama, That any person
or corporation, being a bona fide resident
and citizen of Alabama for one month or
more, and engaged in the business of
canning oysters within the said State,
may employ or contract with any person
or persons, whether residents of Ala
bama or not, to catch and remove oysters
from any oyster reefs within the State
for use in the conduct of such business,
and may use such oysters In such busi
ness as their own property. Provided,
that the county of Baldwin shall be ex
empted from the provisions of thiB act.
Sec. 2. Be it further enacted, That it
shall be unlawful for any person under
such employment or contract to catch
and remove oysters from any of the pub
lic reefs of the State for use in said can
ning business, as well as from all private
reefs, from the owners or proprietors of
which such person or persons or corpora
tion so engaged in such canning business
shall have first obtained a license to
catch and remove such oysters; provided,
however, that it shall not be unlawful
for any person under such employment
or contract, who is not a resident of this
State, to catch and remove oysters from
any public or private reefs in the State
except for use in such canning business
as aforesaid.
Sec. 3. t»e it further enacted. That no
persor or corporation shall take more
fnan thirty-five thousand barrels of oys
ters a week from the public reefs of this
State under the provisions of this act.
Sec. 4. Be it further enacted, That it
shall not be unlawful for any such per
son or corporation to take, or to buy, re
ceive or have in possession when taken
by another, any oyster or oyster shell
from any public reef of this State,
whether single or in cluster, of less size
than two and one-half Inches in length
In the shell, such length to be that cov
ered by the shell when laid on a practi
cally level surface, except where the
same may be taken by resident catchers
or private owners for the purpose of
planting, in which case the burden of
proof showing such intent and purpose
shall be upon the person so taking or re
ceiving such oysters. Any violation of
this section shall be a misdemeanor, and
shall be punished by a fine of twenty-five
dollars.
Sec. 5. Be it further enacted. That It
shall not be lawful for any such person
or corporation to take, or to buy, receive
or have In possession when taken by an
other, any oyster or oyster shell from any
private reef of this State, whether sin
gle or in cluster, of less size than two
and one-half inches in length in th^ shell,
such length to be that covered by the
shell when laid on a practically level
surface. Any violation of this section
shall be a misdemeanor, and shall be
punished by a fine of twenty-five dollars.
Sec. 6. Be It further enacted. That all
laws or parts of laws, so far only as they
may conflict with the provisions of this
act, be, and the same are, hereby repeal
ed.
Approved February 9, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 759. AN ACT. H. 326.
To amend Section 5239 of the Code of Ala
bama, 1896.
Section 1. Be it enacted by the General
Assembly of Alabama, That Section 5239
of the Code be and the same is hereby
amended so as to read as follows: 5239
(4290) (4683) (4013) (464). The defendant if
committed, may elect to perform hard
labor for county. Duties of officers: If
the defendant is charged with a misde
meanor, or felony not punished capitally,
and is ordered to be committed to the
county jail, he may elect to perform hard
labor for the county pending his trial.
It shall be the duty of the magistrate
committing him to inform him of his
right to make such election, and of the
advantages accruing to him thereby, and
if he so elects, It shall be the duty of the
magistrate to make an order allowing
him to do so and to certify that fact to
the court at which he Is required to ap
pear. It shall be the duty of the sheriff
to carry every person In his custody
charged with a misdemeanor or felony not
punished capital^, before the Judge of
Probate, or, if he is absent, before the
Clerk of the Circuit or City Court,
within twelve hours after receiving
such person In his custody; and
It shall be the duty of such judge
or clerk to inform such prisoner of
his right to make such election, and of
the advantages accruing to him thereby;
and if he shall elect to perform such
hard labor, such judge or clerk shall
make an order allowing him to do so,
and shall certify that fact to the court
at which he Is required to appear; and
if he Is convicted when tried, it shall be
the duty of the court In determining his
punishment, to take into consideration the
amount of labor performed by him; and
if he is acquitted, the net amount so
earned by him under his election to per
form hard labor for the county, shall be
delivered to him by the County Treasur
er who shall take his receipt therefor,
which shall bo his voucher. The earnings
of such defendant under this section,
shall be paid to the County Treasurer,
and by him held until the Anal disposi
tion of the prosecution; and if the de
fendant is convicted, shall be applied by
him as the hire of convicts is applied. It
shall be the duty of such Justice of the
Peace and Notary Public to render to
the grand jury of the county, on the first
day of each term of the Circuit or City
Court, a statement, in writing and un
der oath, of the name of each defendant
charged with a misdemeanor or felony
not punished capitally, committed by
him, the date of such commitment, and
whether or not he gave such defendant
the information required by this section.
It shall be the duty of the Sheriff to ren
der to the grand Jury of his county, on
the first day of each term of the Circuit
or City Court, a statement in writing
and under oath, netting forth the name
of every person charged with misdemean
or or felony not punished capitally, com
mitted into his custody since his last
preceding statement, when he received
such defendant, and when he carried him
before the Judge of Probate, or Clerk of
the Circuit or City Court, as provided by
this section. It shall be the duty of the
A TEXAS WONDEf*.
Hall’s Great Discovery.
One small bottle of Ilall'a Great Dis
covery cures all kidney and bladder
troubles, removes gravel, cures diabetes,
seminal emissions, weak and.lame backs,
rheumatism and all Irregularities of the
kidneys and bladder in both men and
women, regulates bladder troubles In
children. One small bottle in two months'
treatment, and will cure any case above
mentioned. Price $1.00. Dr. E. W. Hall,
sole manufacturer. P. O. Box 629, St.
Louis, Mo. Send for testimonials. Sold
by all druggists.
Volina, Ala., July 1, 1899.
Dr. E. W. Hall, fit. Louis, Mo.—Dear
Sir: I wish to state that I have been a
constant sufferer for a number of years
from kidney complaint, and have never
found a remedy that relieved me so much
as one bottle of The Texas Wonder, Hall's
Great Discovery, and I feel thankful for
the great and beneficial results, believing
that one more bottle will effect a cure,
and may the Lord bless you in your good
work. Truly yours,
REV. R. C. KIRKLAND.
Judge of Probate and Clerk of the Cir
cuit or City Court to render to the
grand jury of the county, on tlje first day
of each term of the Circuit or City Court
a statement, in writing and under oath,
of the name of each defendant brought
before them by the Sheriff under this
section, of the date when he was so
brought before them, and whether or
not they gave him the information re
quired by this section.
Approved March 1, 1901.
(Official) ROBERT P. McDAVID.
Secretary of State.
No. 645. AN ACT H. 982.
To amend section 1361 of the Code.
Be it enacted by the General Assembly
of Alabama. That section 1361 of the Code
be amended so as to read as follows: The
clerk of the Supreme Court, clerks of
the Circuit or City Court, Judges of pro
bate and justices of the peace, “Register
in Chancery” upon return of an execu
tion “no property” against the defendant
by the proper officer of the county in
which the judgment was rendered, or, if j
the execution be from the Supreme Court, ;
of the county from which the case was j
brought, may issue execution in their own
names against the plaintiff, or against
the plaintiff and sureties, as the case may
be. for the costs actually created by the
plaintiff, but for none other, to be col
lected and returned as other executions.
Judgment may be rendered on motion in
the Circuit or City Court of such coun
ty, in the name of the clerk or judge of
probate issuing the execution, against the
sheriff or his sureties or either of them
upon three days’ notice, for dereliction
! of duty on the part of the sheriff for fail
ing to return, levy or collect such execu
tions so issued against the plaintiff or
against the plaintiff and his sureties for
such costs, as follows: Twenty per cent
upon the amount of the execution for
failing to return same; for failing to col
lect the amount of such execution when
the same could have been collected by
said sheriff, by the use of reasonable dili
gence, the full amount of such execution
and ten per cent on the amount thereof
as damages; and for failure to pay over
the amount collected thereon, less his
fees, the full amount of the sum so col
lected and not paid over, and five per
cent per month damages for each month
after demand.
Approved March 1, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 560. AN ACT H. 503.
To provide for the recording of judgments
obtained before justices of the peace
and notaries public having jurisdiction
of the justice of the peace in Randolph.
Elmore and Cullman Counties in this
State.
Sestion 1. Be it enacted by the General
Assembly of Alabama, That after the
passage of this act all judgments ob
tained on open accounts, waive notes and
waive instruments under seal before any
justice of the peace or notary public hav
ing Jurisdiction of a justice of the peace
in the counties of Randolph, Elmore and
Cullman, State of Alabama, may be re
corded in the office of the Judge of pro
bate of said counties within ninety days
from the date of such judgment is ob
tained, in a book to be kefct by him for
that purpose, and when such Judgment Is
filed and recorded it shall be a lien upon
all the property of the defendant in the
counties where the judgment is recorded,
which is subject to levy and sale under
execution, and such lien shall continue
for six years from the date of record of
the judgment.
Sec. 2. Be it further enacted, That upon
any judgment which has been recorded
as provided in section one of this act, in
one year from the date of its record in
the probate office, execution has been is
sued, executions may be issued at any
time within six years from the date of
the recorded judgment in the probate of
fice.
Sec. 3. Be it further enacted, That the
judge of probate shall receive the same
fees for recording judgments under the
provisions of this act as he now receives
for recovering judgments from the Circuit
Court.
Sec. 4. Be it further enacted, That all
laws and parts of laws in conflict with
the provisions of this act be and the same
are hereby repealed.
Approved March 1, 1901.
(Official) ROBERT P. McDAVID,
Secretary of State.
No. 971. AN ACT S. 216.
To amend section 1711 of the Code of Ala
bama.
Section 1. Be it enacted by the General
Assembly of Alabama, That section 1711
of the Code of Alabama be amended so
as to read as follows: 1711. Unlawful to
practice embalming without license. It
shall be unlawful for any person, not
a registered embalmer, to practice em
balming, but nothing in this chapter shall
be construed so as to apply to any per
son engaged in furnishing burial recep
tacles only.
Approved March 4, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 987. AN ACT S. 57.
To amend section 4616 of the Code of Ala- H
bama.
Section 1. Be it enacted by the General
Assembly of Alabama, That section 4615
of the Code of Alabama be amended so
as to read as follows: Section 4615, (4219),
(4717), (4047), (498). Proceedings on de
mand of trial by jury. If he demands a
trial by jury, it shall be the duty of the
judge to require him to enter into bond,
with good sureties, in such sum as such
judge may deem sufficient, conditioned
for his appearance at the next term of
the Circuit or City Court of the county,
to answer the charge; and to return such
bond, if given, to the clerk of the court
before which the accused is required to
appear by it; and If the accused falls to
give such bond he must be committed to
the county jail until the next term of the
Circuit or City Court of the county having
jurisdiction of the offense, unless he
THE FERD MARX STORE NEWS.
Weather forecast for Alabama: Fair weather; colder Thursday; winds *»n
erally northwesterly, fresh on the coast. Fair Friday.
BIRMINGHAM, ALA., MARCH 14, 1901.
5,000 YARDS
OF BLACK DRESS GOODS
ON SPECIAL SALE
-TOD A Y!
Our Buyer bought the entire lot at 50c
on the dollar. Each and every yard clean,
fresh and crisp goods. We have divided
them into three lots for convenience.
£»o\ 'Ko.
Homespuns, Sacking, Spring Camel's Hair, Jacquards and
Sponged Cheviots. All 38 to 54 inches wide, and sold from
75c to $1.00 a yard.
Tnw, VSc.
SjoI Tfcto. 2..
Cheviots, Diagonals, Poplins, Henriettas, French and Storm
Serges, Mohairs, Brccvde and Plain Ettamine, Brilliantine and
Silk Wove Novelties, 44 to 60 inch. Worth $1.00 to $L75 a
yard.
Save Price, 'I2.C.
£*ol Xo. 8.
Coverts. Zibiline, German Henriettas, Wire Serges, Ar*
mures, French Poplins, Steam Sponged and Shrunk Cheviots,
Whipcords and Brocade Grenadines, 44 to 60 inches. Regular
prich $1.50 to $2.50.
Sale "Price, 98c.
You will find elegant materials here for
Dresses, Waists and Skirts at half their
usual price.
/F YOU WANT A HOME
Don’t fail to remember that we own the lot on which to build It, no
matter In what part of the City you prefer to live; NORTH HIGHLANDS,
SOUTH HIGHLANDS, near North BIRMINGHAM—or near EA8T BIR
MINGHAM; choice building lots in any locality. The PRICES are
RIGHT and the TERMS are EASY.
BIRMINGHAM REALTY CO., 117 N. 21st Street.
elects In the meantime, to perform hard
labor for the county as provided by law:
Provided, That such demand for a trial
by jury shall be made at the first term of
said County Court at ^nich defendant
appears in person, or by attorney.
Approved March 4, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 357. AN ACT S. 39.
To amend section 2937 of the Code of Ala
bama.
Section 1. Be it enacted by the General
^Assembly of Alabama, That section 2937
of the Code of Alabama be amended so
as to read as follows: “2937 (1486) (1763)
(1220). Mode of incorporating a town:
When the inhabitants of a town not in- j
corporated, the population of which is
not less than one hundred nor more than
thr«-e thousand, shall desire to be organ
ized into a town, they may file with the
judge of the probate court of the county
In which they reside a petition in writing,
signed by fifty or more qualified electors
who reside within the boundaries of the
proposed town, and who are also house
holders and freeholders therein, stating
the name and boundaries of the town
proposed to be incorporated."
Approved February 11, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 416. AN ACT H. 994.
To provide for repairing and refurnishing
the capitol and keeping the grounds in
order.
Section 1. Be it enacted by the General
Assembly of Alabama, That the sum of
two thousand five hundred dollars is hero
by appropriated for the calendar year
1901, and a like amount for the calendar
year 1902, or so much thereof as may be
necessary for repairing and refurnishing
the capitol and for keeping the capitol
grounds in order. The money hereby ap
propriated is to be paid by the Treasurer
out of any moneys in the treasury not
otherwise appropriated on the warrant of
the Auditor in payments of accounts, ap
proved by the Governor.
Approved February 14, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 423. AN ACT H. 934.
To constitute the Railroad Commission
ers ot Alabama an advisory pardoning
board, to whom the Governor may sub
mit for preliminary examination of and
advice upon applications for the pardon
or commutation of sentence of convicts
sentenced for felony.
Section 1. Be it enacted by the General
Assembly of Alabama, That whenever
application is made to the Governor for
the pardon or commutation of sentence
of any convict sentenced for a felony, ht
may at once refer the same, with all of
the recommendations and any other pa
pers accompanying it. to the Railroad
Commissioners of Alabama, as an advi
sory pardoning board for such action as
is hereinafter provided.
Sec. 2. Be it further enacted, That in
addition to the duties now devolved upon
said Railroad Commissioners, they shall
be required, when any application for
pardon or commutation of sentence is re
ferred to them, to carefully examine and
thoroughly investigate the same, and to
report in writing, within thirty days from
the time the same is referred to them, to
the Governor their findings as to the mer
its of such application and the grounds
thereof, and in such report they shall ap
prove or disapprove such application, or
make such other recommendation as to
the same as may seem to them advisable:
provided, that the time for making such
report may be extended by the Governor.
Sec. 3. Be it further enacted, That said
board shall have authority to call upon
any judge or solicitor or other public offi
cer of the State for any information or
recommendation which may seem to them
necessary or advisable in their considera
tion of any application so referred to
them, and it shall be the duty of the per
son so called on to furnish the same
forthwith.
Sec. 4. Be it further enacted, That at
the end of each fiscal year said board
shall make to the Governor a written
report of the applications so acted upon
by them, showing the name and residence
of each applicant, of what crime convict
ed, the sentence therefor, and, in brief,
their recommendation in the case, which
report shall be printed and submitted by
the Governor to the General Assembly
with his biennial message.
Sec. B. Be it further enacted. That said
hoard shall not receive any compensation
for their services under this act other
than that already allowed to them as
such Railroad Commissioners, and the
clerk now allotted to them by law shall
perform for them, without additional
compensation, all such clerical service as
may be necessary in their execution of
the duties imposed upon them by this act.
Approved February 14, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 424. AN ACT H. 1051.
To appropriate a sum of money to pay for
the stationery and stationery supplies
used by the General Assembly during
this present session.
Section 1. Be it enacted by the General
Assembly, That the sum of one thousand
($1000) dollars, or as much thereof as may
be necessary, be, and the same is, hereby
appropriated out of the moneys in the
treasury to pay for the stationery and
stationery supplies used by the General
Assembly and the employes thereof dur
ing this present session.
Sec. 2. Be it further enacted. That the
Auditor is hereby authorised to Issue his
warrants for such amounts as may be
certified to by the Secretary of State.
Approved February 14. 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
No. 474. AN ACT S. 59.
To amend section 4226 of the Code.
Be It enacted by the General Assembly
of Alabama. That section 4226 of the Code
be amended so as to read as follows:
Section 4226. Sale of other freight to pay
charges, when any other freight than that
mentioned In the preceding section re
mains unclaimed for sixty days after its
arrival at the place of destination, the
same may be sold by the carrier or his
agent at public outcry to the highest bid
der for cash, at some public place within
the State of Alabama, after notice indi
cating the nature of the package, the
consignee and the time and place of sale,
has been given for three weeks by publi
cation once a week in some newspaper
published at the place of sale, or if no
such paper is there published, by posting
the notice at three public places therein;
but before any sale can be made under
this section, the carrier must, before giv
ing notice of the sale, demand payment
of the charges due thereon from the own
er or consignee, if either of them resides
at the place of destination; but if neither
of them resides at such place, failure to
make such demand shall not prevent the
sale; but notice of such sale shall be giv
en the consignor, when known, by mail.
Approved February 15, 1901.
(Official.) ROBERT P. McDAVID,
Secretary of State.
BOY INJURED
While Looking for Cows He Went To
Sleep On Railroad.
Columbus, Oa., March 13.—(Special.)—
While out looking for cows, Prank: Jack
son, a negro boy, sit down on the track
of the Birmingham line of the Central of
Georgia Railway, about five miles fron\
Columbus, last night and went to sleep.
A passenger train came along and knock
ed him off, crushing his leg. He was
found this morning and today hlB leg
was amputated.