davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04

ENTIRE POLICY INVOLVED.
Two Gases VIII Go to Supreme Court
Affect Postoffice Department.

Washington, December 3. = Practically
the whole policy of the postoffice depart
ment in its recent classification reforms
is involved in three decisions rendered to-
day by the district court of appeals.
In two of the cases the decisions are
against the postoffice department and in
the other the government Is sustained.
All three cases will be appealed to the
United States supreme court, pending
whose firal action the classification re-
form policy under which many publica-
tions have been excluded from the Sec
ond class privileges probably will remain
in suspensions. The two cases decided ad-
versely to the government are those of
pany and the Railway List company.
The department is upheld In the case OF
the Chicago Business college. The lower
The courts opinion in the railway publi-
cations cases holds that congress has not
committed to the postmaster general or
any one else the determination of what
should be carried In the mails as second
class or third-class matter, that power
being reserved exclusively to congress
which makes the classification.
In the Chicago Business college case
the court holds that the publication In
volved is an advertising medium for the
business of It's publishers. 1t is held
that this college is not IAN institution OF
learning, such as congress contemplated
edmitting to the second-class rate.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
BUCKLEY SAFE
SAYS MR.. WILEY
Congressman Thinks MORtgOn-
g Trouble VIII Be Dropped
THE OFFENSE WAS TECHNICAL
House Republicans Have Already Be-
gun Systematic Movement to Turn
Down Presidents Recommends
tIons-coaI Duty May Stand.
RY wATrERsoN sTEALEY.

Washington. December S.-(special)-
Touching the Montgomery postoffice em-
broglio Congressman Wiley, in whose
home town the office is located, is de-
uidedly of the opinion that Judge Buck
ley will not be disturbed. While not
speaking authoritatively upon the sub
ject, he reaches this conclusion from
what he regards as reliable sources Of
Information. He said today:
'oThe postmaster's offense, If any Of
fense was committed at all, was purely
technical, and is now barred by the
statute of limitation. His record as a
public official is first class, and his ac-
rounts repeatedly passed upon by ex-
pert examiners from the department are
charged against him was not in any
wise or manner hurtful to the govern
ment. While the postmaster general nat
urally does not want to be put in the at
titude of condoning any offense against
the postal laws or waving any sort OF
Irregularities, however slight, yet, taxi
Ing into consideration the harmless char
ncter of the alleged short coming in this
instance. and the circumstances under
which the accusation was made, coupled
with the excellent reputation Of Judge
Buckley, has earned with the postoffice
department, am justified in saying that
] feel very sure no further notice will
be taken of the matter, and that the In
cident will close"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
EX-SPEAKER REED
MORE COMFORTABLE
DIR. GARDINER SAYS HIS coNDI-
TIoN Is SERIOUS AND HIS AGE
AND PHYSICAL CONDITION ARE
AGAINST HIM.

Washington, December 3.-Drs. Gardi.
ner and Mcdonald. after visit tonight
to former Speaker Thomas B. Reed OF
the house of representatives who is suf-
fering from catarrhal appendicitis, issued
the following bulletin giving Mr.. Reeds
condition at 10 p M:
Temperature 101, pulse 80; retains
nourishment is much more comfortable
in every way"
Mrs. Reed and Miss Reed, wife and
daughter of the former speaker arrived
here this evening from New York.
DR.. Gardiner tonight reiterated the
statement made by. him during the day
that all such cases as that of Mr.. Reed
are to be regarded as serious, but added
that he could not say he saw any immedi-
ate danger to be apprehended. The age
cf Mr.. Reed. who, while not an old man,
is yet fairly well along In years, together
with the fact that he was not In good
condition physically at the time he was
suddenly taken sick, are understood t6
be the worst features Of his case.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
QUARANTINE AGAINST N. n.
Shipments of Cattle, However, Can Be
Made From Portland, Me.

Boston, December 3-United States quar-
lntine against New Hampshire was Or
aered today on recommendation of DR..
Daniel e. Salmon of the national agrlcul-
lural department, because of the discov-
Try of an outbreak of the foot and mouth
disease in Salem N. III.
Shipments of cattle may be made to
Great Britain from Portland, Me-. while
The foot and mouth disease is being
lought In New England. A cablegram
from England, received today by o. p.
Jameson, general manager of the Domin-
on, stated that the British will allow
,attle loaded at Portland to be landed in
Great Britain. II they can be got on board
lhip without passing through an affected
district
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
INDEX TO TODAY'S PAPER
The Weather.


Washington, December 3.-Following Is
the forecast for Alabama: Showers and
colder Thursday, cold wave at night; Fri
lay fair and colder; winds becoming
northwest and brisk to high.
Page One.
Crumpacker will yet investigate.
Strike commission at work again.
Serious explosion at San Francisco.
Congress gets down to work.
Buckley believed to be safe.
Page Two.
Castro's safety is not assured.
Meeting in aid Of charity hospital.
Fatal wreck near Chattanooga.
Page Three.
General state news
Masons elect grand officers.
Gadsden springs new law question.
Page Four.
Editorial comment.
Gossip of the Hobbies.
Page Five.
Cold wave coming
Board Of trade discusses water.
City officers elected,
Miscellaneous local news.
Page Six
Social notes and personals.
Page Seven.
Local and foreign market reports.
Pags Eight.
General sporting news,
The city council proceedings.
Iron prices remaining firm
High school football teams tie again. i.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
HENRY NICOLAUS
GIVEN FREEDOM
MILLIONAIRE ACQUITTED OF THE
CHARGE OF BRIBERY IN CON-
NEcTIoN WITH PASSAGE OF
SUBURBAN BILL IN ST. LOUIS.

st. Louis. Mo-. December s.-Henry
Nicolaus, the millionaire brewer. and a
director Of the Suburban Street Railway
company, who was on trial today on the
charge Of bribery in connection with the
passage of the suburban bill In the city
council. was acquitted tonight under In
structions from Judge Ryan. whS sus-
tanned the defenses demurrer 70 the
states case. and ordered that a verdict
of not guilty be returned.
Circuit Attorney Folk. in arguing
against the demurrer. held that the state
had made a clear case Of bribery against
Nlcolaus. contending that he would not
have signed notes for s13500O without
knowing to what use the money thus OBJ
tained was to be put
Judge Ryan announced his decision Inn
meoiatey upon the completion OF the ar
guments and ordered the jury to acduit
the oeft ndant. which was done.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
BARRY JOHNSON DYING.
Relatives of the Woman He Murdered
Have Not Arrived.

Philadelphia, December s.-Barry John
stone the actor. who murdered Kate Has
sett. member of the Keith Stock COM
pany. Monday night, and then shot him
self, is dying tonight at the IIahnemann
hospital
The body of the murdered actress re-
mains at the boarding house, where 1t
was taken from the morgue. Up to q
late hour tonight Everett Beckwith, the
dead wemaa's husband. Mr.. and Mrs,
Hassett, her parents, had not reached
the city,
Stage Manager Winters of Keith's Rij;u
theate- today received Instructions from
Mr. Beckwith to assume charge of Katu
Hassett's remains, pending he arrival CT
her relatives,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
BREAK IN THE LEvEE,
Warning Sent Out to Settlers In the
Lowlands Along the Mississippi.

Shreveport, La, December "a tel
ephone message to the Shreveport
Times from Belcher, La, says that
there is a break in the levee ten miles
above that place, and runners have
been sent in every direction to warn
the settlers in the lowlands The
break occurred at $3.50 o'clock, at
which hour it was. reported to be 60
feet wide. BY 10 o'clock it had in
creased to 100 feet and was widening.
The levee that caved in protected
what is known as the Thompson place.
No attempt will be made to close the
break tonight, as 1t would be an i'm
possible task. 1t is feared that the
entire district above Belcher will be
inundated, and there is considerable
excitement and apprehension in that
locality.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
CATTLE SITUATION SERIOUS.
DR.. Salmon Reports That New Cases
Are Constantly Being Found.

Washington, December 3-Dr. Salmon,
chief of the bureau of animal industry,
who is in New England directing the
work of stamping out the foot and mouth
epidemic, reports in a telegram to Act
ing Secretary of Agriculture Moore that
the situation is very serious, and that
there are about 5000 cattle In herds known
to be affected.
New cases are constantly being found.
Ext ensive outbreaks of the disease have
occurred In Vermont, but DR.. Salmon be-
lieves the situation can be handled by
slaughtering and disinfecting here.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
EVIDENCE Is ALL IN.
Arguments In the Lovejoy Case VIII
Be Heard Today.

Montgomery. December 3.-(Special.)--
The defense in the Lovejoy Impeachment
case closed with the examination of witt
nesses today. and the court adjourned
till tomorrow TO hear the argument Of
counsel. The defense witnesses went to
sustain the defense put forward by
Judge LoveJoy as to the overcharges and
alleged illegal collections for ex-officio
services
Arguments will be made tomorrow by
Amos Goodhue and @. d, Motley for the
prosecution and by w. r. Dortoh and
o. r, Hood for the defense, The forty
five witnesses In the case left for home
tonight One of the members of the
commissioners court on the stand today
made the novel admission that the court
simply did what Judge LoveJoy said,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
MUST TURN OUT NEGRO
OR TURN DOWN PRlTCHARD

Washington. December 3.-The issue be-
tween the President and the lilly whites
of North Carolina will be brought to a
crisis within few days. Senator Pritch-
ard has requested the Presidsn- TO remove
from office S. H. Wick. the negro post
master at Wilson. The office is one of
the largest In the state, paying 5000 per
annum. The people of the town natural
ly want a white postmaster and Senator
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
Senators Consulted on Canal.

Washington, December 3.-Secretary
Hay today consulted, in order, Senators
Spooner and Hanna, in pursuance Of his
policy of keeping congress fully informed
of what he is doing In the canal negotia-
tions and as far as possible, making sure
in advance of its approval Of the treaty
that he expects to- submit. 1t is under
stood that the Secretary will confer fur
ther on this subject with other senators
and with leading representatives, and
meanwhile Dr. Herran will wait until the
secretary has made sure of his ground
and summoned him to the state depart
ment before continuing the negotiations.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04

Pritchard is thoroughly in sympathy with
their views. 1t is therefore, up to the
President to turn out yiek or turn down
Pritchard 1t is understood that Wick has
made a reasonably good postmaster, that
there are no charges against him, and
that the opposition is wholly racial. II
the Presi3ent follows out The views eS-
pressed in his recent letter. Wick will re-
main postmaster.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04

Houston, Tex. December 3.-The
Masonic grand lodge of Texas has de-
clind to restore fraternal relations
with the grand lodge of the state of
Washington until that body abandons
its position recognizing negroes and
others obnoxious to the body. Several
states have accepted the explanation
of Washington and restored relations.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04

Washington. December S.-(speeial)-
It is reported tonight that the republican
members of tho committee on rules are
favorable to the CrumpaelSer resolution
which authorizes the speaker to appoint
select committee of thirteen members
to investigate the validity and manner
of enforcing the election laws Of the
several states and inquire into the denial
of the right to vote.
It is said that the action of the cleo
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04

The house republicans have started
early In the game to turn down the
recommendations of the Presidents mes
sage. The President asked that the duty
on anthracite coal be removed. but when
representative Gaines of TENNESSEE today
asked for the adoption OF such an amend
ment to the strike arbitration bill it
was ruled out of order. Later when unan-
imous consent was asked for the adop-
ton of the amendment it was objected to
by Representative Cannon, the next
speaker
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
CRU7HPACKER HAS
NOT BEEN ASLEEP
1t Is Said an Investigation VIII Be Made Into Southern Election
Methods Despite the Committees Refusal to Al
tempt TO Gust Glass From His Seat
BY wATTERsoN eTEALEY.

tlons' committee In unanimously dismiss
ing the Glass case yesterday, was taken
with the understanding that the whole
subject was soon to come up for inyes-
tigation According to the report the
committee on rules will bring in a rule
fixing date for the consideration Of the
resolution and limiting debate.
No confirmation of the rumor could be
obtained tonight though 1t was circulated
among leading republicans.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04

Richmond. Va, December 3.-James Ro-
chelle Tyler, grandson Of President Ty-
Ter, died today at the Confederate Sol
diers' home here, aged Ga years. He was
lieutenant in the first battalion of Vir-
ginia infantry, better known as the Irish
battalion during the war between the
states. He has two sisters living in
Southampton county. He had never mar
ried.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
COLOMBIA WILL ACT SOON.
Decree Published Calling Congress
IonaI Election In March.

washington, December 3.-Minister
Hart at Bogota has cabled the state de-
partment that decree has been pub
lshed calling a congressional election
for the middle of next March. Another
decree ISSUED extends pardons to all
political prisoners and allowing the re-
turn of exiles.
congress which probably will act upon
any canal treaty that may be drawn
would meet about January l.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
To Accept $4,000 for Lands.

General Pettus and Representative Wi
ley have introduced bills in the senate
and house directing the government to
nccept $25,000 from the Southern Cotton
Oil company and others for certain land
situated near Montgomery and belonging
to the United States through suits en-
tered against sureties on the bonds of
certain defaulting public officials. The
secretary of the treasury is in favor of
the passage of the bill.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
Hopes Raised in Panama.

Panama, Colombia. December 3.-The
news that Minister Conche has been re-
lieved of his appointment, has raised
hopes here that the Panama canal nego-
tiations will take more favorable turn.
1t is reported that more ample instruc-
tions will be cabed from Bogota.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
HOUSE AND SENATE
GET DOWN TO WORK
BILL PASSED IN LOWER BRANCH
APPRoPRIATlNG $4,000 TO DE-
FRAY EXPENSES OF THE AN
THRAcITE STRIKE COMMISSION.

Washington, December 3.-The senate
today began the real work of disposing
the business before it, although the ses-
sion lasted only an hour and a half, when
an adjournment was taken at l 80 o'clock
out of respect to the memory of Repre-
sentatives DeGraffenreid and Sheppard Of
Texas.
The bill to amend the immigration laws
was under discussion. Early in the day
Mr.. Nelson from the committee on ter
ritories, reported a substitute for the
omnibus statehood bill, with the recon-
mendation that Oklahoma and Indian
Territory be admitted into the union as
one state, under the name of Oklahoma.
When the immigration bill was brought
up Mr. Quay precipitated discussion
over the status of the statehood, which
was terminated by a ruling from the
chair, that beginning December TO- 1t
would be the unfinished business, and at
the closing hour each day it would be
laid before the senate, unless displaced
by a vote of that body.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
Peter Maher Knocked Out.

Philadelphia December Skid Car
ter tonight knocked out Peter Maher
in the second round at the Penn Art
club.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
THE HOUSE.

The house today passed the bill to ap-
propriate $4,000 to defray the expenses
of the anthracite coal strike commission
and then adjourned until Friday, when
the London dock charge bill will be con-
sidered. There were two hours OF dis
cussion on the commission BILL during
which the Presidents course in creating
the commission was highly commended,
except by Mr.. Burton, Missouri demo-
crat, who contended that the commission
was created without authority of law or
constitution There was some criticism
of the feature of the bill allowing double
salaries to members of the commission
now in government employ, and also the
feature leaving the amount of the com
pensation of the members to the Presi-
dent. But all amendments were voted
down. The bill was passed without div
sion.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
To Repeal Loyalty Act.

Representative Thompson of Alabama
has introduced bill repeating section 4
of the Bowman act. which requires
claimants to prove their loyalty in order
to establish claims against the govern
ment for stores taken by federal troops
after surrender. Mr.. Thompson says that
In the south there are thousands of just
claims which are barred owing to the
difficulty In proving loyalty.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04

1t is announced at the agricultural, de-
partment that upon the completion of
the Perry county soil survey the sur
Neyors will be transferred to Mobile
county to make report in the interest
of the truck growers and to investigate
the adaptation of the soils to tobacco
After this it is contemplated to make
a soil survey in Marshall and Lauder
dale counties.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04
CAPTAIN Howell Elected.

Atlanta, ua.. December 3.-Capt.
Evan p. Howell was today elected
mayor Of Atlanta without opposition.
having been nominated some time ago
in the democratic primary. James L.
Mayson was reelected city attorney.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-04

Friends of Lieut.. r. p Hobson are re-
newing their efforts to secure his retire
ment from the navy. A bill to that ef-
feet passed the senate last session and
is now pending in the house naval affairs
committee.
The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1902-10-02
Harrifnan's Eye
on Railroad.

e. II. Hartman of the Southern Pa
citic may soon build branch line sixty
miles long from a point on the Carson
and Colorado road in Nevada to the
Tonopah mining district. A mining ex'
pert has been at work for the past two
months collecting data for Hartman as
to the traffic resources Of the district.
1t is said this report inclines the South
ern Pacific president favorably toward
spending S2,000G00 for the new road.
This report alone, however, would not
cause him TO construct the linz. He is
afraid of tn project of the Nevada Mid
land Railroad Company of New Jersey.
The latter is preparing to extend its line
into Tonopah from Austin and Battle
Mountain. Kruttschnitt has advised
Hartman to build the sixty mile line
San Francisco Examiner.
The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1902-10-02

Whenever a new mining camp is dis
covered in this State, lot of people put
in their time knocking. There was
never mining town brought to the at
tention of the people but this sort of
work happens. A lot of tenderfeet goes
to the ground and because they do not
see barrel of ready coined money on
the dump they condemn the property.
Tonopah went through this deal, and
so did the Comstoclz, but the worth of
both places was proven by the results.
Nevada is all right in every section, and
all she needs is the help of her people to
build her up in every quarter. Instead
Of crying down every new find, give the
owners chance to develop them and
lend what encouragement you can. 1t
isn't as much capital as it is concerted
action by the people that is needed 10
this State.
The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1902-10-02
Articles of Incor=
pOrati0n.

Articles of incorporation of the Win
nemucca Publishing Company were filed
with the County Clerk Tuesday. The
company, as set forth in the articles, is
organized for the purpose of printing
and publishing Republican newspaper,
to be known as "The Winnemucca Re-
publican" and doing general newspa-
per and publishing business. The parer
is to be published in Winnemucca. The
company is capitalized at $4,000, fully
subscribed. The trustees named are as
follows: E. Reinhart, r. T. Evans
W. s. BonnReld of Winnemucea, j. r.
Harvey of Paradise, John G. Taylor of
Lovelock, Charles Mcdonnell of Nc
Dermit and Thomas Nelson of Stone
House.-Silver State.
The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1902-10-02
For Assembly,
man.

We direct the attention OF the voters
of Lander county to the political An
nouncements" column. There will be
found the card of w. G. Hancock, of this
town, who is candidate for the As
sembly on the Republican ticket from
Lander county.
Mr.. Hancock hardly needs an intro
duction to the people of Lander county.
He served them faithfully and ably in
the last session of the Legislature, and
made record for himself in that body
which stands greatly to his credit. He
is a young man OF sterling character.
He is man endowed with an abundance
OF brains and good, common sense. Mr..
Hancock is strictly self.made man.
More, he is true Nevadan; he is al
ways on the alert for the welfare of he
State. Whenever anything arises look
ing toward the betterment of Nevada
and her institutions, he is always found
ever ready to work for its adoption. w.
G. Hancock is man full of vigor aud
endowed with sound business qualifica-
tions, backed up by an excellent educa-
tion, he is just such man as the State
needs as legislator. II he is elected he
will make valuable member on the
floor of the Assembly.