davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1902-06-03

set aside, certain conveyances of prop erty which formerly belonged to the Ensley Land Company, and a certain trust agreement made with defendants, Barker and Bowron, whereby an exten- sion of time was secured for said Ensley Land Company and creditors of said company with claims aggregating more than one hundred and thirty thousand dollars (S130,000) were stayed in the col lection of their debts against said com pany until the same could be paid from the proceeds of the sale of lots convey ed to said Barker and Bowron, as trus- tees for the purpose, without any offer on their part or in behalf of the Ensley Land Company to do equity, or to reim- purse these defendants or any of them for amounts expended or alleged to have been advanced by them for the benefit of the Ensey Land Company, and with out any offer to place the parties in statu quo, or restore to them rights which they surrendered in consideration of the premises, and without making the creditors of the Ensley Land Company, who were provided for in said trust parties to this bill
 Seventh-For that, 1t appears from the statements of the bill that the cause of suit asserted by compliments, if any cause of suit there be against defendants on account of the transactions men toned in the bill, Is primarily In the Ensley Land Company, and said bill fails to show that these compainants are en- listed to maintain said suit in their own behalf or in behalf of the Ensley Land Company.
The Birmingham age-herald., 1902-06-03

the field pushing their surveys from Coal City to Birmingham. The road will be located within a few weeks and the con- tract for construction will soon follow. It was my intention to have started to work laying tracks in this city at once, not waiting for the engineers to complete the location of the line This would have been done to save time As 1t Is I expect to go to work In Birmingham immediately upon the settlement of the issues Mr. Atkinson last night carried in his hands a valise which looked as if 1t con- tained enough clothing for a stay here of several days, or a quantity of law books sufficient to win any kind of an injunction suit, if size counts for much. MT. Arkwright also had fair-sized grip which might have contained anything or nothing.
 There were no new developments yes- terday. Both the Belt Line and the Sea board carried out their announced plans of preparing for the actual warfare of laying tracks immediately after the set tlement of the pending injunction suits. The attorneys held q consultation, but nc action was taken by either side looking to hearings. It is possible some action may be taken today.
The Birmingham age-herald., 1902-06-03
MCCORMACK, RAMSAY, BOWRON
 AND OTHERS FILE DEMURRER
OF BELT LINE
 BARR OF SEABOARD HERE
ATKINSON PREPARING FOR A FIGHT BRINGS HIS coNFlDEN- HAL ATTORNEY WITH HIM. MIR. BARR FEELS CONFIDENT OF SUCCESS.
V ARRY M. ATKINSON, practically

F ARRY M. ATKINSON, practically kKExIz owner of the Birmingham Belt
 Line, accompanied by Preston Arkwright, his confidential attorney and president of the Georgia Railway and Electric Company of Atlanta, reached Birmingham last night at 10 o'clock. The two will personally superintend the fight against the seaboard Air Line in it's at tempt to enter the city.
 J. NJ Barr vice president of the Sea- beard Air Line accompanied by Cen eral Counsel l.. R. Watts of Portsmouth, Va, also reached Birmingham last night. They were met at the train by Engineer Mackall, who Is here looking after the work of the road. The three went to the Hilman Hotel where they were in confer- ence for some time before retiring. MT. Atkinson and MT. Barr did not meet on the train. as MT. Barr was in the day coach ind MT. Atkinson in the Pullman.
 MT, Atkinson, when asked for state- ment relative to the situation here, said:
 "I really cannot say anything al this time as l am not sufficiently posted as to the situation. I nay be able to say something tomorrow.
 No other staten ent could be secured from MT. Atkinson MT. Arkwright would make no statement whatever.
 Mir. Barr's Statement.
 Mir. Barr said: As the right in the in- Junction suits Is so clearly on our side l do not apprehend any trouble what ever about the outcome.
 The Birmingham and Atlanta Air Line wanted to enter this city. It asked the city for the use of such streets as were necessary for this purpose and its peti- ton was promptly granted. It then ask ed the county for certain street fran chises and these franchises were prompt ly granted The company went about this business in an orderly manner and with no intention to interfere with or oppose in any way whatsoever any in- terest.
 Our tracks would not have interfered in the least with the Belt Lines prop erty. l proposed to the Belt Line Com pany that that and our company use Thirty-second street and Tenth avenue in common; that is, that there be only one double track-one track to be built and maintained by the Belt Line and one track to be built and maintained by the Birmingham and Atlanta Air Line We could easily have worked In harmony But no action was taken. The Belt Line Company simply went to work to try to shut us out of Birmingham. That company's claim that 1t had a title in fee is not good. It's whole contention is groundless.
 Tt seems evident, therefore, that the Belt Company has done what it has for the purpose of endeavoring to force us to buy it's line. That is all I can make out of it.
 Will Locate Road Soon.
 'In the meantime our engineers are in
The Birmingham age-herald., 1902-06-03

Alabama Brewing Go.
 Bohemian Beer"
The Birmingham age-herald., 1902-06-03
Refused to Bring Suit.


 Eigh:h-For that, appears that the complainants have arSlied to the manag- ing directors of the Ensley Land Com pany on two occasions, once before the present board and once before the former board to bring suit and that each of said boards in meeting assembled, have re- fused to institute said suit, and have refused to involve the Ensley Land Com pany in litigation in an effort to secure the relief demanded by complainants in this bill, and 1t does not appear but that such action on the part of said directors was in pursuance of what they considered the best interests of the said company, and without collision with defendants or any of them, and it further appears that none of these defendants were members of either of said boards.
 Ninth-For that, 1t appears that plain tiffs have applied to the shareholders of said Ensley Land Company in regular | meeting assembled, to bring this suit. and | said shareholders as aforesaid have re- | fused to direct or authorize the suit to be instituted, and have refused to in- volve the Ensley Land Company in liti- gation in an effort to secure the relief de- manded by plaintiffs In this bill, and it does not appear but that such action on the part of said shareholders was in pursuance of what they considered the best interests of said company.
 Tenth-For that, it sufficiently appears from the allegations of the bill that the several conveyances sought to be can celled and annulled, and the trust agree ment sought to be set aside, is one by which the Ensley Land Company secured valuable benefits, and 1t does not appear but that the managing directors and shareholders of said company. refused to institute this suit in good faith, and because, in their judgm ent, 1t was not for the benefit of the. Ensley Land Com pary to secure the relief sought in the bill.
 Eleventh-For thnt, complainants do not sufficiently show :hc cause of their fail ure to secure action on the part of the roanagng directors and shareholders of the Ensley Land Company to obtain the relief sought in the bill.
 Not Influenced by Defendants.
 Twelfth-For that it does not appear that the directors or stockholders of the Ensley Land Company, or either of them, were influenced by the defendants or either of them. in declining to cause to be taken the action requested by com plainants, nor is there eny averment to show that the said directors or either of them or the shareholders represented at said shareholders meeting, or either of
The Birmingham age-herald., 1902-06-03
During Sessions of Court Vehi- c!ss Must Avoid Block on
 TWeny-First Street
NEW BRICK PAVEMENT
 CAUSE OF THE TROUBLE
Order of Judge Limits Speed of the Street Cars to Two Miles an Hour-Mayor Drennen to
 Investigate Matter.

An order stopping all travel from Third avenue to Fourth avenue on Twenty-frst street during the hours of court was is- sued yesterday by Judge A. A. Coleman of the Circuit Court. This order was ad- dressed to Sheriff A. W. Burgin. who was avenue and one at Fourth avenue for the purpose of requiring the obeyance of the order.
 The order restraints drivers of all vehi- cies from passing along the block except the fire department while answering alarms. It also requires that the street cars be regulated to a speed of two miles per hour. The hours of court are from s:3O a. m. to 12:SO p. m. and from p. m. to 5:3o p. m.
 The instructions of Judge Coleman were made effective yesterday at 2 o'clock. They were the result of much travel along the block, thereby rendering hear ing in the court room difficult. Some time ago the street was paved with brick and this new pavement causes the noise. At the time an effort was made to have as- phaIt pavement laid, but it proved un- successful.
 The Judges Order.
 The order of Judge Coleman is as foi- lows:
 "To Andrew w. Burgin, Sheriff of Jeffer-
 son County, Alabama:
 You are hereby ordered to furnish two extra bailiffs now needed by this court; you are further ordered to place one of said bailiffs at the Junction of Third av- enue and Twenty-first street on the Eorth side of said avenue and place the other baiifr at the junction of Fourth avenue and Twenty-flrst street cn the south eide of salt Fourth avenue.
 '"rhc hours for holding this court are as follows: From 9:30 a. m. to 12:30 p. m. and again from p. m. to 5:3O p. m. You will instruct said bailffs that willie this court is in session as designa.ed above. they must not allow the passage of horses or stock of any Kind or vehicles of any kind alorg Twenty-first street be- tween said avenues, Third and Fourth. except the vehicles of the fire department when on duty and the street car, provided said street car shall not exceed the rate of two miles per hour while passing be- tween said avenues.
 You will put up at each of said cross ings conspicuous notices to the public Il at no passage as aforesaid will be al- lowed on Twenty-frst street, between Third and Fourth avenues. during the said hours when this court may be in session
 (Sigped) "A. A. COLEMAN,
 Judge of the Tenth Judicial Circuit"
 Order Is Enforced.
 When the order was given the sheriff he placed Deputies Jim Morrow and ". H. Ball at Third and Fourth avenues, and during the afternoon court session they held their positions and waved to one side all persons driving by in vehicles.
 Mayor Drennen was asked what steps the city would take with reference to the order. His reply was that he would con suit the city attorney, and if anything could be done he would make an effort to have inc street again opened for traffic.
The Birmingham age-herald., 1902-06-03
No Offer to Do Equity.

Fourth-For that there is no ofrcr .n said bill by complairauts, or on the part of complainants, 70 do equity.
 Fifth For that, the compliments by their said bill seek to sct aside certain conveyances, and ce.ra,l trust agree ment, in which certain of the defend- arts. and the Ensley Coniouny, or the ere d:tors of said complEy. were interest," ed, and by which said Ensley Land Com pany secured certain rights and benefits without offering to do equity, or to rel store these defendants the amounts ex- pended by them for and on account of said Ensley Land Company.
 Sixth--For that, complainants in said bill seek to have vacated, annulled and
The Birmingham age-herald., 1902-06-03
FINEST TEAS.
Unexcelled for iced teas are

Ou0ACollou lOI lC0u t0dS are "Bhud," "Tiffin" and "Bun- galoi." The choicest teas of Ceylon, carefully sifted and packed in foil to preserve their delicate flavors. Cheap or than other teas, because they require only one-half the usual amount; 37 other varieties, including "Mon- soon," 'Heno," Lipton's and a full line of Tetley's, in IA, l-2 and l pound packages.
 Fox Sons & Smith Co. Alabama Brewing Go.
 "Rohemian Beer. ''
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-10
Give Nature a Chance.

II is wei 10 know II you are sick or
nalf sick, that the natural tendency of
all our bodily functions is toward health.
No matter what your allmcnt is, the life
element within Is trying to make you well.
This wonderful life principle is in the
blood and any help yon give 1t must be
given through the blood.
Knowing this, and knowing also thar
whenever q nerve. or tissue, or organ, Is TO
he built mp, nature requires iron. you
can see WAY DR., llarter's Iron Tonic has
produced such wonderful results. 1t gives
the working, striving vitality within You
something to work with. 1t gives 1t ma.
teI7al with which to build up your strength
ana energy
All ordinary forms Of iron are apt 10
do more Injury than good, but forty five
years ago Or. IIarter discovered a method
OF so preparing iron that 1t would enter
into the blood without taxing the sys.
tenn whatever.
DR. Harter's Iron Tonic consists Of this
form OF Iron in combination with other
important ingredients. and Tor nearly half
century II has restored thousands Of
people TO sound, rugged health. II you
feel run down or have any reason 10 fear
the approach OF some serious disease, let
certain because II reiuforces life ITSELF
Prepared by The Dir Harter Medicine Co.
Dayton, ohio. Sold everywhere. Give
nature a chance.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-10
ENGLISH PRESS is INDIGNANT.

impertinence Of the German chancellor IL
profoundly diStaSieful to the kaiser, who
Is maniully striving to stem the tcFsent
which Is bearing his empire toward the
Niagara Of disaster and warns Germany
that both eastward and westward ~ her
there Is menace which holds her armed
To the teeth IN slceplqss vigilance. and
when the expected catastrophe In South.
eastern Europe leaves her alone between
me upper and neither milestone, she may
bitterly regret the loss ~ he good win ~
away with with both hands"
Won BuloWs words eau not fail 10 bc
hailed throughout Europe as a snub to
Great Britain, says the pali Mall Gazette
In an editorial headed The Rctort Dis,
courteous.
The editorial expresses regret that the
chancellor in bis anxiety NOT 10 he sus
pected 81 England. has chosen To stimu-
late rather than soothe the anti British
Tho Globe accuscs Won Bulow Of ode
hbcrately pandering to the lowest and
most Uniformed elements Of public opin-
ION m Germany adding; 1T Is incon-
cieynble that the chancellor spoke thus
without the approval Of the kaiser"
Tho Globe then lectures Emperor VII
Ham FOR mot checking the stream Of foul
Hes and obscene carCatures IN the Ger
visit of the prince of Wales 10 Germany
as follows III is poor beginning Of hos
pitality on the kniscre part 10 allow his
chancellor to indulge In language iuten.
pirc."
The Westminster Gazette alone depre
Gates the regarding OF Count Won Bnlow's
spccch as a cause for further disturbing
tho relations between Great Britain and
Germany.
Su'h comments as those quoted above. It
Is Thought may further indume the public
already nngored In consequence OF the
suub administered by Fmncror William n
few days ago In the North German Gu
zctte This paper is the chief moutbpjecr
nd Ia AZ
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-10
PHILIPPINE CONDITIONS.
Secretary Root Gives an Exposition of
Eastern Affairs.
THINKS LABOR SHOULD BE EMPLOYED
5lsmes the Spooner Amendment for the
Failure TO Bring About Permanent
Progress.

Washington, January D. Secretary Root
gave an interesting exposition Of the could
ton Of affairs In the Philippines, toge her
with the outlook for terminating military
Ivy civil rule in the course of a secretary
hearing today before the house commit ea
on military affairs in connection with ise
army appropriation Bill The di.cuss.on
was brought out by question of Mr.. Hay
lNaJ as to whether civil govenme mt could
be maintained Ia the Islands without tle
presence ~ the army. Mr.. Root sad the
army was necessary as moral force 70
malutain the civil administration. One Of
tue main cuuSes, he said. why there had
not been moro progress IN the PhIipp.n mes
was that the Spooncr amendment rcstrlc,-
ing the grant of franchises, prevented the
investment of capital and the consequent
employment of labor. Many people we're
ldie and many of these became conspirat rs
simply because they were Idle The sec
irtuly uStpuccd the fact that. although
rice was one or the main products of the
ihllppincs. yet about S5tuuOOt worth Of
rice h0d to be imported iaet year. In TINS
ANA ia many other branches of industry tIC
wheels Of industry were mt moving, the
people ont 90 employment were encouraged
IN viciousncSs and as result 1t was necrs-
lands
In some provinces "a very satisfactory
riril administration had boon sct mp Bur
Mr.. Root pointed nut that even In provinces
where civil government hli been q success
mere. were men couspirur TO assist i'm tae
agitation nud warfare carried ON iu neigh.
boring provinces. on the whole however,
the secretary expressed The belief that 10
congress enacted the u.l proposed hy Sen
alor ledge or that of Representative Coop
rF iWlS.l providing >rstDms Of laws f0l
INC Fhihpplros it would be possible soon
lAereaiL'r gradually 20 reduce the military
Shmeni IN tho islands
Mr.. Root said 10 vas the expectation Of
Inc war department 90 do away with the
army transportation selvlc" so that the
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-10
W00TENS FIRST SPEECH
WAS MADE IN FAVOR OF THE HEP
BURN CANAL BILL.
SIebrecht Has Been Picked Out as His
Own Successor-A Hearing for
Beaumont

washington, January o.. Representative
"o'ten made his maiden speech In CON.
sfess today during the discussion OF the
Hepburn canal bill. he spoke In favor OF
the OH ana against amy amendments. III.
usual rl'quencc was in evidence and at
the conclusion OF his remarks he was warm
" app!a Cled and congratulated.
ecu Lyon II Sherman, chairman of the
triuoHc'h executive committee of Texas,
arrived acre TINS morning ana conferred
Ing the day.
There is nothing new to report I'm tba
IcNts patronage situation except that Joan
Ionel OF Bahinger, VINO is SAID To ba
cauui9ate FOR the marshalshlp oil the Vest
etn district, arrived here today. lie is
just tribe late, as it has already bcen
decided that Marshal Slebrccht VIII be re-
appointed.
Representative Cooper Aas arranged for 8,
hearing before the rivers and AarDors COM
mlttec ON Tie 23d instant ut whlch time
me matter of the improvements want d
/ VIII be presented.
r. F, Cowart. who is co operating with
/ Judge duncan OF Dallas, is looking after
/ the interests of the Trinity river propo-
+ sitnh, returned today from Dallas, where
ne sent abe holidays.
tt..i 90 "a,
hearings on the oleomargarne bills are
/ ~ he tu6cn up January ~ and continue ia
/ nthhileN me dairy interests win be given
! The nrst hearing.
p......,
introduced resolution directing the scrre-
| lary ot the treasury 10 deposit AN surplus
~ SON M va ' ', ""uAs h'''ns caNlW
VI "I''
,r,o ,,..,... ,,. - t.
DIN ~ 'u" l'tauN ,uululttet VIII be-
~, l,,,IS "u t'.lpIo'.l5 WIN 'nna Jan
r,,, ,,.,...-...,
"' y'iI,uSlvu c'ev'loh Edse involving the
Ii..a, , %. N[lru''uiauIr Khra o. the Third
iN,,mI .Nlt ~ mgW ON n'aLlnS, Fraud Is al
'" ~ u""'I discussion
vi I'm.
Scmat,,, u, , HuunScSJ daughter OF
nor ,',ro No. va va. =; was married az
H. ~, pi,''nsS Ivcl1tu'e nero today 10 Ar'
' ,,.., N,nE NWnWusnt or Philadelphia
~ was p"''' >oe'HI event
M, -.,,
aur prrSiiueuI !pual seat 10 ne senate
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-10
Won BulOw's Criticism Of Chamber
lain's Speech Raised Storm.
DECLARE lie is STAGGERING PHARISEE
The Anglo-Gsrman Discord Has Been
Very Much Increased by the Cham
eelor's Singing Rebuke.

London. Jnn1ary .. The singing rebukc
administered to Mr. Chamberlain the Brit.
ish colonial secretary. by Chancellor Won
Bulow In the reichstag at Berlin yestcr
day for the references In Mr. Chamber
lain's speech at Edinburgh, October 10
last to the conduct Of the German army
In the war with France in 1STc-f, has
caused intense and widespread irritation
here. and has markedly Increased the bit
terness of the Anglo German discord The
st. James Gazette, which calls Count Won
Bulow "swagcerng pharlsee," says
Ills offensive speech has brought the
growing irritation between the two coun-
tries into a dangerous sphere, and the
baiscr's telegram of six years ago was
not more disastrous to mutual good rela-
lions than the studied afr0ut Of a British
statesman who is trusted hy the country.
unr attitude OF easy tolerance Is no longer
rommiihlc with our dignity as q nation.
Even II Won Bulov had been the head ~
a rcpuhlicaa ministry dependent for It's
lfc on 1ckc popular opinion there would
nav" been iiitlc excuse for his gross per-
version Of facts ana breach Of inferno
floual comfy"
The ST. James Gazcttr concludes with
mo expression Of belief that The pharsical
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-10
VINDICATION ASKED FOR
State Treasurer Robbins Addresses
the Democratic Voters of Texas.
VACANCY IN FIRST TEXAS INFANTRY
The Girls Industrial School Commission
Revises and Makes Public It's
Itinerary.

Austin. Texas, January o.--State Treas
nrer Robbins today announced his deter
mlna.ou TO seek a denomination in the fol-
lowing address TO the democracy OF Texas;
in becoming a candidate for reelection
to the very responsible position Of state
treasurer, | desire to make a short state
mcnt As man in private life and as a
democratic official, have endeayored to
conduct self and the affairs Of the Of.
tce committed to my care IN such man
ner that l would never be called upon to
explain any of my official acts. and do not
believe 1t necessary now-to those who
know me best The only severe and un-
friendly criticism Of my official conduct
was my dealings with the First National
bunk OF Austin, and that after the bank
had been closed by the bank examiner Ihe
following information is given mostly for
those with whom / have not had the ,eas
tie Ui personal acquaintance, that trey
may tie abe to Judge Iur themselves WIcth-
err / nave been guilty OF an Intentional
WronglUiug. The uCdsGrcr collects aunual-
~ in round numbers S2WO. uUO--ou school,
university aud asylum lauts. The total
amount Il receipts ana disbursements from
every source fOr the last year was SIS 25i
NV In III" M seu,e of - specific law GOV
eInius collections ON land. ] pursued idcuti-
cally the same system that mad been fol
lowed since 1874, to-wlt The policy OF
accepting checks and drafts for payments
ON lands and placing them with the bank
for collection. The system was followed
py II. r. Lubbock FOR twelve years aud by
W. r. No"tham ior eiGh. wears, Two as ef
Ec,ont end popular officials as ever served
the state besides ii WAS q great con
yniencc ana saving TO the people Twelve
dlucrcnt legislatures have Endorsed this
system, or have failed TO oncr or suggest
2 better one. In pursuing this policy !
was the victim OF IN unfortunate clrcum-
stance, which could have happened TO my
predecessors. the only difference was that
The bank did not fail With them but did
with me Now that she bank has rcQr-
gonlznd and resumed business and paid the
treasurer $a7.@2130 and win pay the State
every dollar u the balance according to
agreement the most eNacting should be
satisfied. I solicit the support OF every
Democrat tn the State. The nomination
VIII not only he equivalent TO an election.
nut 1t win also amount 10 a refutation Of
the unjust charges brought against me-. II
elected ! promise just as faithful and II
possible, more efficient service I'm the future
than In the past and win checrfuly abide
the action Of the democracy In convention
assembled. Very respectfully