davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1904-10-02
LUSK COURT ACT DECLARED
 TO BE UNCONVENTIONAL
RELATION OF THE OLD
 CIRCUITS TO THE NEW

HE circuits be n under the old as follows; First Circuit Lusk La 2 Clarke Marengo and Mon roe 10 from old law s Lusk CrenshaW, tscampa and Lowndes with addition of Third Circuit, Lusk La bou Bullock Dae Lee and Russell No xS
 Circuit Bibb Dallas Hae Perry and Wilcox No old la oS
 Fifth Circuit Chambers Macon Randolph ana Tallapoosa Old At Chiffon and Fillmore added Lamar Pckens Sumter Tuscaloosa old Law-Calhoun Clay, Clepune Shelby ana Talladega Old St. Clair added Eighth Circuit Ins Morgan Old law Limestone Madison added.
 Ninth Circuit LawBount St Clair and Etowah Old law Cherokee, Jackson Marshall, Blount Eowah Old Jenerson Walker and Winston.
  Pike. Old Circuit Law-Badwin, Mobile Washington Old law. the
 only old The created the follows: formerly in the This the of the Lusk law act establishing of
  thrown with Walker to by special act and the Iusk bill Fillmore and Chiffon. Standardization and seventeenth-DeKalb Cherokee Jackson Marshall
The Birmingham age-herald., 1904-10-02
AIeyief NH Come Home in
 Great State
SUPPLY BOAT IS CAPTURED
Band of cossacks Make a Successful Raid on Liao River-Japanese Movement Is Considered
 Unlmportant

Advices received by the Russian gem eral staff last nigth are to the effect that a check has been put upon the advance of the Japanese to the eastward of Muk- den, and show that the movement is considered to be of little importance. Two reports of raids upon vessels carry ing supplies for the Japanese have reached St. Petersburg; it is considered probable, however that they refer to the same affair, though the number of ves- sells destroyed and the locality of the ae- tion are differently stated in the two dispatches General Kuropatkin's friends still assert that he is to be chief in com mand of the Russian forces in Manchu- ria.
 Viceroy Alexieff will be received with much pomp upon his return to St. Pe- tersburg. where he will be quartered in the winter palace and otherwise honored.
 His return to the far east as viceroy at the conclusion of the war Is by many persons considered to be quite possible
The Birmingham age-herald., 1904-10-02
Jap Supply Boat Captured.

Mukden, October IA detachment of sixty members of the KuDansky cavalry has returned here after successful raid on a hotila of Japanese boats on the Liao river. They brought back two Jap anese prisoners. The raiders succeeded in boarding and setting fire to nine junks and barges, several of which were laden with amma anition. and these were blown up. The cavalrymen reached shore in safety. They met a Japanese patrol, two members os which they killed and took the rest prisoners.
 The inactivity continues here and is becoming monotonous. It is generally be- lieved, however, that hostlhties will be begun with renewed force rext week.
The Birmingham age-herald., 1904-10-02
Seattle Sore at Fairbanks.

Olympia, Wash. October 1.-At this point, the capital of the state, Senator Fairbanks made the first step of the day. In order to come here and visit other places considered by the state committee desirable, it was necessary to entirely cut Out the cities of Seattle and Evrett. Reports from Seattle indicate dissatisfac- tton. but Senator Fairbankr has explain ed that it was made without consulting him. The speakers were cordially re- ceived here, and their speeches liberally applauded. Senator Fairbanks compared the actual things accomplished by the republican party with the undemon- strated theories of the democrats.
 Senator Deliver discussor the tariff again, giving his especial attention to the lumber schedule. Senator Fairbanks was again introduced as the probable Pres identlal candidate of 1908. The presiding officer declared that this vas not ''proph ecy'' but -fore-ordained.'
The Birmingham age-herald., 1904-10-02
Conspiracy Case Mol Pressed.

Raleigh, x. C., October 1.-The con. spiracy case against V. E. McBee and K. s. Finch was today mol pressed. This was done after application to the governor by Judge F. l. Osborne of Charlotte, their counsel and by re- quest of the governor and consent of the defendants the solicitor will not further prosecute the case. The con spiracy charged wa the obtaining of a receivership for the Atlantic and North Carolina railroad. The state has leased the road and all litigation about it is over.
The Birmingham age-herald., 1904-10-02
Knox Speaks in Philadelphia.

Philadelphia, October 1.-Philander c. Knox, former attorney-general of the United States. took the platform for the first time since he succeeded the late M. s Quay in the United States senate and delivered a speech that was considered important because of his relationship 10 President Roosevelt and the prominent part he has taken in events that nave become issues in the national campaign He smoke under the auspices of the Man. ufacturers club of Philadelphia which opened the campaign here tonight with a mass meeting at the Academy or Mu- sic.
 Senator Knox was warmly greeted by the audience. -.
 Charles Emory Smith, former post general followed MT. knox, aneaking at some length.
The Birmingham age-herald., 1904-10-02
Wrc ckaee AfIoat at Sea.

Charleston, s. O., October 1.--Cap. tain Chichester of the steamer Iro. quois, which arrived tonight from New York, reported passing in latitude 36.56. longitude 7456, piece of wreck. age about 60 feet long and of consid- erable width, bearing the name "The Theta" Inc deck carried iron pitts, such as are used on steamers. The wreck is directly in line of coastins vessels
The Birmingham age-herald., 1904-10-02
Mansion Is Under Bond.

Atlanta, Ga, October 1.-Charles A. Mansion, .le well-known engraver, charged with making plates from which were printed S10 buffalo bills, was bound over to a higher court by United States Commissioner Colquitt today. MT. Manston's bond was fixed at 5000, which he readily made.
The Birmingham age-herald., 1904-10-02
High Waters Interfere.

Topeka, Kan, October 1.-Washouts caused by the high waters in New Mexico between Santa Rosa and Fl Paso on the Fl Paso Northwestern railroad have caused Rock Island pas senger trains for the Pacific coast to be diverted at Harrington, Kan, and turned over to the Southern Pacific at Fort Worth, Tex. Eastbound Pacific coast trains are coming over the Southern Pacific to Fort Worth.
The Birmingham age-herald., 1904-10-02
Edwards Will Make Race.
Stone Calls at Headquarters.

New York, october 1.-Senator W. J.. Stone of Missouri was an early visitor at democratic national headquarters to- day and spent some time in conference with Chairman Taggart, Vice-Chairman Nicoil and Secretary Woodson. Senator Stone was vice-chairman of the national committee In 1900 The senator was em- phatic in stating as his belief that Judge Parker will be elected.
The Birmingham age-herald., 1904-10-02
Henry Notes Is Stabbed.

Athens, Ga, October 1.-Tonighi about o'clock, on the streets of Mays. vile, Speck Edwards stabbed and killed Henry Notes. Both were well. known farmers in that section. Notes jugular vein was severed and he died in a few minutes.
The Birmingham age-herald., 1904-10-02
Magazines in Flames.

London, October "A dispatch to a news agency here from Seyastopol says that the artillery and amm milton maga- zines are n flames, and 1t Is feared there has been considerable loss of life. De- tachments of troops ana seamen are suc- ceeding in controlling the flames.
The Birmingham age-herald., 1904-10-02
Killed Over 10 Gents.

Charleston, s. C., October 1.-John Morrison saot and killed Willie Floyd at Kershaw this afternoon after few words over the loan of 10 cents Floyd Is very popular, an great indignation is felt in the county. The slayer is in jail, and it is said there may be an attempt at lynching.
The Birmingham age-herald., 1904-10-02
Japanese Advance Checked.

St Petersburg, October 2-1S5 a. m- A dispatch from General Sakharon re- ceived by the general staff late tonight brings the record of events up to Septem- Der so It shows that the Japanese ad- vance on the eastern side of the region of Bentsiaputze has been checked.
 This movement still appears to be an outpost affair, not marked by serious fighting, no advance of the Japanese ID force having occurred up to the date mentioned
 The operations to the west of Mukden have extended twenty-six miles downrths Hun river where the Japanese were tenn porarily driven out from Tschantan, and seventeen supply boats were burned. It is possible that this raid Is Identical with that reported by the Associated Press from Mukden, though In the latter It IS stated to have occurred upon the Liao river In any case. 1t shows that the Japanese are using the river to bring up supplies and their operations are pe- ing opposed, they not having succeeded in approaching nearer than Tschantan along the line of the Hun river.
 Changes Are Necessary.
 The forthcoming changes in the naval commands announced by the Assoclated Press have become the subject or Wlue- spread discussion. The necessity for the changes is generally admitted. but wheth- CT Emperor Nicholas will give immediate effect to the reorganization is uncer- tain. Meanwhile Vice Admiral AVellan requests a formal denial of the news or his retirement from the ministry or ma rine be made public.
 The numerous friends and supporters of General Kuropatkn declare that events Justify their prediction that he, after all, will be appointed chief In command of the armies in tho far east, and that the emperor has reconsidered his intention of sending out Grand Duke Nicholas Nieolaivitch as commander-in- | chief.
 Quarters are being prepared at the win ter palace for Viceroy Alexieff, upon | whom the emperor intendc to bestow | mark of signal honor to grove that his i return In no wise Is In the nature of a disgrace. Alexleff will be received with pomp beittlng the rank of vlceroy, which he will continue to hold during hls term of residence here. The report of his ap- pointment as minister of foreign affairs is true in substance If not in form, as he will undoubtedly will be consulted on matters of foreign policy affecting the far east It is considered quite possible that when the war Is over Alexieff will return to the far east in his former ca- | pacity.
The Birmingham age-herald., 1904-10-02
WANT LEXINGTON
 TO SHUT UP SHOP
NEW SUNDAY CLOSING LAW RE- CURES NEWSPAPERS TO STOP ALL WoFK AT MIDNIGHT ON SATURDAY..

Lexington, Ky, October 1.-Beginning at midnight tonight, every form of industry in Lexington must observe the Sunday closing law. The board of police com Inisstoners adopted resolutions notifying the police and detectives that they would be discharged if any person was allowed to violate the law. The chief of police notified the newspapers that their em- ployes would be arrested at midnight. The daily papers will run as usual The employees will submit to arrest, secure bail and continue their work, giving bail every fifteen minutes if necessary.
 The Law and Order league demanded the enforcement of the law and appealed to the grand jury who voted indictemnts to the grand jury who voted indictments against Mayor Combs, Chief Reagan and the police commissioners. The indictments are held up pending compliance with the demands of the grand jury.
 Late tonight a temporary injunction was secured against the City of Lexing- ton Chief of Police J. J. Reagan and Chief of Detectives Marshall, restraining them from interfering with the plain tiffs.
The Birmingham age-herald., 1904-10-02
| SENATOR JONES
 ON THE OUTLOOK Former Chairman Thinks Em-
 pire State is Safe LEADERS ARE IN HARMONY Senator Knox Speaks In Philadelphia, and Senator Fairbanks Makes the
 People of Seattle Sore By
 Negleetinq Them.
LEADERS ARE IN HARMONY

Washington, October 1.-(Special.)- J. James K. Jones of Arkansas, former chairman of the democratic national committee and connected with the pres- ent committee organization was in Wash ington for a few hours today, having just returned from New York
 we will carry the empire state," said Senator Jones tonight. land I believe the country will go with 1t. The demo- cratic situation is steadily improving and on election day, I think we may safely count on a majority of the votes in the electoral college"
 No" said he in response to ques- tion. "There Is not the slightest fric- tion in the national committee nor has there been any. At times there have been natural differences of opinion as to the method of conducting the cam paign, but personal differences report ed have never existed and have been made public gossip by the republican press fol obvious reasons. There is the best of feeling in the committee. a united feel ing of confidence that we are going tt elect Parker and Davis..'
 Edwards Will Make Race.
 It is announced from Charleston tha W. s. Edwards has decided to run al an independent republican candidate against ]. IT. Gaines of the third Wes Virginia district. The contest was plac ed before the republican congressiona committee and Chairman Babcock, a. was to have been expected, decided fol Gaines as their regular nominee Ed wards believes proper consideration wal not given his case and will run any way Gaines was elected two years ag' by something over two thousand major ity. In view of the republican spli the district seems safely democratic mex month.
The Birmingham age-herald., 1904-10-02
Lady curzon Makes Progress.

Walmer Castle, Kent. October 1.-- 10 D. m.-Lady Curzon passed a quiet day and made some progress.
The Birmingham age-herald., 1904-10-02
GEN. PAYNE'S LIFE
 HANGS BY THREAD
SMALL HOPE IS HELD OUT FOR RECOVERY OF POSTMASTER GENeRAL-PuLsE IS BARELY PERcEPTIBLE.

Washington. October 1-Postmaster General Paynes life tonight hangs in the balance He has been unable to maintain the improvement over last night, noted in the early morning bulletin. Late in the afternoon he had sinking spell and failed to ,ally as quickly as heretofore from the si imulants admir- istered. At 8 o'clock, though, he was reported as not so well, ne began to respond to treat ment and an hour later was said to be resting quietly Small hope. however, is bers of the family who have been sum- moned to his bedside have been made to realize his true condition. At one time today his pulse was barely perceptible.
 It developed tonight that several times during the day MT. Payne lest conscious ness and he was unconscious when the 9:15 o'clock bulletin was issued.
 That his condition is grave in the ex- treme was evidenced by the fact that the members of the family kept closely to their apartments throughout the evening. Doctors Magruder and Grayson were constantly in attendance.
 At midnight F. H. Whitney, private secretary to the postmaster general, is- sued the following statement
 "The postmaster genera. is resting quietly and the attending physicians. Drs Magruder and Grayson, have retired"
 
 before Chancellor John C. Carmichael. Chancellor Carmichael decied the bill un- constitutional and the supreme court has ffirned his decision.
The Birmingham age-herald., 1904-10-02
LIFE PRESERVERS LOADED WITH IRON Secret Service Men Make Startling Discovery CORK COMPANY IS SUED Each Block of Cork Is Found to Con- tain Piece of Iron Weigh
 ing Half
 Pound.
 
CORK COMPANY IS SUED

Washington October LA conspiracy which has been developed by officials of the department of commerce and la bor and of the department of justice to- day resulted in the arrest at Camden, N. J., of J. H. Stone. H. c. Quintard, Charles W. Russ and James Russ, of ficers of the Nonpareil Cork works
 They were apprehendeo by the United States marshal for the district of New Jersey under an indictment found on September 29 by the United States grand jury at Trenton. charging them, under section 544O of the Revised Statutes of the United States, with conspiring to de- fraud the government and prejudice the administration of the steamboat inspec- ton laws by putting on the market com pressed cork blocks for use in making life preservers, each of which blocks con- taned in it's center a piece of bar iron about six inches long and weighing eight ounces The iron bar was inserted and concealed in the block for the purpose of increasing the weights to the legal re- quirement of six pounds of good cork for each life-preserver. The men arrested will be arraigned probably early next week before the United States district court of New Jersey to plead the indict- ment
The Birmingham age-herald., 1904-10-02


 obtained at this special term as the pub lie was led to believe would be done, and no one understands why it was not done, as records involving the constitutionality of the act were on file in the court and ready for submission.
 This decision does not affect in any manner our city courts and the legality
 of the election of Judge Senn as senior judge, and Judge Ferguson, as associate
 judge of that court will not be open to question.
 Courts have been held In several of the new circuits attempted to be created by the Lusk act and the validity of judg- ments rendered by such courts will prob ably be assailed by the parties affected injuriously thereby. This community has cause to be -lankful that no judgments
 have been rendered in this county that are open to such attacks"
 Wha. Governor Says.
 "At present I do not see the necessity
 of calling an extra session of the legis-
 lature," said Governor Cunningham, l who arrived in Birmingham last night | .tand unless I am clearly shown that such action is absolutely necessary I will not issue the call. At present do not | see that the legislauture could validate any decisions made by judges under the
  standing the circuits will remain just as
 they were before the Lusk bill was pass | ed by the legislature" Further than thls ] Governor Cunningham wiule not discuss i the matter He preferred to wait until | the question was presented to him Tn all 1 it's phases. ] ed by Mir London the most serious trou-
 ble arising from the decision is the pecu- l liar conditions which surround the court | now engaged in hearing the cases or l alleged lynchers at Huntsville. Onder l the decision of the law by which Judge
 Paul Speake and Solicitor Erie Pettus
 were appointed is invalid and they have been conducting a court which Is legally
 not a court. Consequently it will prob ably be decided that any action which has
 been taken by that court is void and without effect.
 | Huntsville Indictments. l Under these remarkable conditions the
 indictments found against the alleged l lvnchers will not hold and all of the | work of that court will have to be done | over with Madison in the Eighth judicial I circuit as it was before the Lusk bill | was passed.
 | Attorney General Wilson, when asked l for a statement in Montgomery last night | said that he did not care to express an | opinion at this time.
 l Long before a test case was originated l in Jefferson county mutterins of doubt as 1 to the constitutionality of the Lusk bill | had been heard in all parts of the state. The Birmingham Bar association. real I izing the difficulties to be encountered in | case the Judges were elected and had | taken the oath of office before the bill | was decided unconstitutional, decided to | force the question to an issue at the l earliest possible moment. A meeting of l the bar was held and 1t was shown that | the bill was unconstitutional on account | of the irregularity in it's passage. Soon 1 thereafter the board of revenue was en- | joined from paying a warrant for money l to fit up the new court room as required
The Birmingham age-herald., 1904-10-02
Now Rests With Governor.

The mater now rests with Governor Cunningham. If he calls al, extra session and the Lusk bill is regularly passed and made a law all of the present nomi- nations will stand and the acts of the courts which have already met can be validated Otherwise the circuits will be the same as they were before the ir- regular passage of the bill and the effect on the circuit court of Jefferson, Walker and Winston counties await decision on the constitutionality of the special act which put Walker and Winston into a separate circuit
The Birmingham age-herald., 1904-10-02
Ordered Cork Blocks.

Early in August David Kahnweiler' s Sons, manufacturers of -preservers at No 437 Pearl street New York city, or dered from the Nonpareil Cork works at Camden N. J., blocks of compressed corks for 1,750 life-preservers. Eight of these blocks are used in each preserver and the United States law requires that the eight blocks shall contain six pounds of cork.
 When the cork blocks were delivered to Kahnweier's Sons, Lewis Kahnweiler, a member of the firm, who is an expert in the handling of Baro cork. suspected that they were underweight. Putting them on the scales he discovered that eight of the blocks, which, according to legal requirements should weigh six pounds, weighed only five and a half pounds. Kahnweilers Sons thereupon wrote the Nonpareil Cork works calling its officers attention to the under weight of the cork blocks, and inquirine whether the blocks could not be of ser viceable weight.
 The Nonpareil company replied that it would adjust the matter by sending to Kahnweiler's Sons some extra heavy blocks, one of which could be used in life-preservers, thus increasing it's weight to the legal requirement. In due time the blocks arrived. They were so heavy as to arouse instant suspicion. Lewis Kahnweiler while examining one of the blocks, broke it by accident and found imbedded in it's center an iron bar six inches long, one inch wide and quarter of an inch thick. weighing eight ounces The Kahnweilers again wrote the facts to the Nonpareil company, de- manding to know what they meant by putting iron in the cork blocks and in- forming them that, as Kahnweiler's Sons were obliged to put their names on each preserver, such a fraud would ruin theii business.
 Says They Acted Foolshly.
 According to the indictment a letter was received suggesting that the Kahnweilers were foolish to make so much trouble about matter of the kind.
 A further examintion of the "extra heavy blocks disclosed the fact thai each of them contained an iron bar simi- lar to that which was found in the firsi one. In all two hundred and sixty-one of the extra heavy blocks were received by Kahnweilers Sons. Convinced thai some action ought to be taken in tho matter, Kahnweilers Sons communicated with Robert s. Rodie, supervising inspec- tor of the steamboat inspector for ths district of New York, and laid before hin all the facts Inspector Rodie reported the facts to Acting Secretary of the De partment of Commerce and Labor Law renee o. Murray, and the matter wa' passed along to the department of jus tice.
 Oliver E. Pagin, an assistant attorney general of the United States, went direct ly to New York where he began an ex
The Birmingham age-herald., 1904-10-02
Unfortunate State of Affairs.

"It is very unfortunate that decis- ion of the supreme court on the validity of the Fourteenth circuit act was not
The Birmingham age-herald., 1904-10-02

tcontinued on Second Paoe.l