davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1904-08-18
ANSWER FILED IN
 LUSK ACT MATTER
POINTS FOR DEMURRER TO BILL FOR INJUNCTION SET FORTH. FRIENDLY TEST OF coNSTITu. TloNALITY OF THE ACT.

An answer has been filed in the chan cery court to the bill for injunction which seeks to restrain the board of revenue from making expenditures providing for the accommodation of second division of the circuit court.
 As is understood, the whole proceeding is to test in a friendly way the constitu- tlonality of the Lusk act.
 The respondents through their attorneys Sam Will John and E. J. Smyer. ask for a date of hearing and it is thought that tomorrow will be the time fixed by Cham cellor Carmichael.
 The respondents admit that if the act is declared unconstitutional the money expended by the board of revenue on be- half of the tax payers would be a dead loss. Three grounds for demurrer are given:
 1. That the bill of omplaint does not prove invalidity.
 2 That 1t does It prove the bill in con fict with any of the provisions of the constitution.
 B. Alleges that it does appear the bill Is a valid statute. passed strictly in accord ance with the constitution.
 When the chancellor renders his decis- ion the record will be made up and an appeal taken to the supreme court. which. it is thought. will hold a special session in September solely for the consideration of this very important case.
The Birmingham age-herald., 1904-08-18
FUNERAL NOTICE.

The friends and acquaintances of A. T. west. ESQ, Mrs A. D. West and Mrs. J. w. Sloss are requested to attend the tu- neral or Mrs. Rosa West Nimpy Tnurs- oay' August IS, at 3 D. m.. from the resi- oence or her brother. A. T. West At Cleveland station. Interment at Oak Hill.
The Birmingham age-herald., 1904-08-18
BIrmInaham's Vital Statistic,

Dr. J. M. f-ason. health officer. has is- sued the following report:
 Statistics for July, 1904:
The Birmingham age-herald., 1904-08-18
CITY ITEMS.

Alumni AssoclatIon.-The Sigma Alpha Epsilon Fraternity has perfected it's alumni association. The following officers were elected: W. T. Berry, president; w. D. Kelley, vice presi- dent; Hugh Kirkpatrick, secretary and treasurer. After routine business a committee was appointed to report upon giving a dance and banquet in the near future, in compliment to the active members before their return to college.
 Internal Revenue Appointments Collector J. O. Thompson yesterday appointed D. N. Winters of Montgom- cry deputy collector of internal reve- nue, with headquarters at Gadsden, to succeed E. M. Sandlfer, resigned. 1lr Winters enters at once upon the dis charge of his duties.
The Birmingham age-herald., 1904-08-18

Worlds FaIr--St. LouIs.
 Tickets at low rates now on sale. For particulars apply to any Mobile and Ohio railroad agent +-3o-tf
The Birmingham age-herald., 1904-08-18

When wealth and strength seem on the wing. Hoods Sarsaparilla is the thing Get only Hoods.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
KURoPATklN CHOOSES HIS FIRST
LINE OF DEFENSE AGAINST
JAPANESE ADVANCE.
BAD ROADS IMPEDE MIKADO'S MEN
CZAR's FORCES WILL DEsPER.
ATELY DEFEND FENGHUANG.
CHENG AND ANTUNG.

st. Petersburg, April 8.-While the
first line of defense against the Jap
anese advance from Korea is a strong
position, selected by General Kuro.
patkin near Fenghuangcheng, it is be-
lieved the Russians intend to hold out
rs long as possible at Antung, which
commands the Peking road. The place
has many natural advantages for de-
Tense. General Kuroki's army, ac-
cording to Russian advices, is strung
out along the road between Anju and
Wiiu, the advance being seriously i'm
peded by bad roads, which make it
difficult to push forward the supplies,
which are dragged by coolies, requir-
ing eight days march from ChyOnju
to the Yalu. For seventy miles the
river is 500 fathoms wide and at Yon-
gampho it is ice laden and barred by
islands, whence the Russian sharp
shooters can harrass the japanese
advance.
The Russians have entrenched them
selves heavily near Haicheng to block
the progress of the Japanese in case
they succeed in landing at the head
OF the Lioatung gulf.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
DAY DEVOTED TO EULoGIEs.
Senators Pay Tribute to the Late Mar.
Gus Hanna.

', Senators Pay Tribute to the Late Mar.
Gus Hanna.
Washington, April Sat the open
| ing of the days session of the senate
the following bills were passed: Pro-
| viding allotments for Indians on the
White Earth reservation in Mime
sofa; authorizing the survey of certain
lands in Cascade county, Mont.
In accordance with the previous
agreement the senate devoted practi-
cally it's entire session to eulogies upon
the character of the late Senator
Hanna. This order of business was
taken up Immediately after the dis
posal of the routine morning business,
when Mr.. Foraker presented the usual
resolutions Of sorrow and asked for
their consideration.
Mr.. Foraker was the first speaker.
The galleries were crowded by friends
and admirers of the late senator and
the speakers were given close .atten-
ton.
MFR. Foraker's address was a candid
review Of the public career and frank
analysis of the character of his late
colleague and was read from manu-,
script
Mr.. Scott of West Virginia followed
Mr.. Foraker. Mr.. CoclIrell then spoke
of Mr.. Hanna as a soldier; Mr. Platt
(Conn.) of him as personal friend;
Mr. Cullom as a great man from a
state of great men; Mr.. Blackburn as
political opponent and Mr. Elkins
as political leader
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
THIEF SHOOTS PURsUERs.
New York Purse Snatcher Desperately
ResiSts Arrest.

New York Purse snatcher Desperately
Resists Arrest.
New York, April Sin an exciting
chase OF a highwayman who had
snatched young Woman's pOcketbook
at Thirty-fourth street and Second
avenue during the day, two men were
shot, one being probably fatally in
jured. A large crowd that gathered
after the highwayman was captured
made demonstration as if they would
kill him. The man, who gave his name
as John Kenny, grabbed the womans
pocketbook and knocked her down
when she struggled to retain it. He
then tried to escape on a moving car.
Joseph Corn, twenty-six years old,
overlook Kenny at the corner of Third
avenue and Thirty-fOurth street and
clinched with him. In the struggle
Kenny fired two shots, one striking
Corn in the arm and the other in the
abdomen. Kenny then jumped up and
ran.
E. B. Johnson of Woodside, L. l.,
next overlook the fleeing man and
jumped on his back, carrying him to
the ground with Johnson on top.
heuNy SILL uelu IhS le'olsel ia hlo
hand and pressed its muzzle against
Johnson's face and fired. The bullet
passed through Jonhson's jaw. Be-
fore Kenny could fire again a police
man grasped the revolver. By this
time several hundred persons had
gathered around the struggling man
and cried loudly that he be lynched.
Other policemen appeared and Kenny,
who was bleeding from a blow on the
head, was hurriedly taken to the po-
lice station.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
TRAGEDIES IN NEW YORK.
Suicide and Accident on a Crowded
Thorouqhfare.

Suicide and Accident on a Crowded
Thoroughfare.
New York, April S--Two tragedies
which have occurred within half an
hour of each other at Broadway and
Thirty-fourth street caused much eX-
citement among persons viewing the
night scenes on the most frequented
corner of New York after dark.
On the sidewalk before the aban-
doned Broadway tabernacle a youth
was noticed pacing back and forth,
weeping. Curious crowds stopped to
gaze at the young man, who, however,
spoke to none. For nearly, half an
hour he walked on in front of the old
church and then, in view of hundreds,
suddenly drew a vial of carbolic acid
from his pocket, drank the contents
and fell in conEulsionS. He was car
ried into drug store, but could not
be saved. He was identified as a
messenger who had been thrown out
of work and apparently had eaten
nothing in two days.
Excitement over the suicide had just
begun to subside when a man fell
from the third floor window of a build
ing close by. He struck the sidewalk
on his head and was carried into the
same drug store, where he died in
few minutes.
The unfortunate man was rubber
stamp manufacturer who lived in the
building from which he fell After re-
turning from the street, where he
aided the dying messenger, he had de-
,termined to clean the windows and
lost his balance.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
HILL CURRENCY MEASURE.
Favorable Report Ordered by House
Committee.

Washington, April S.-The house
committee on banking and currency
has authorized favorable report on
the bill introduced by Mr.. Hill Of
Connecticut to improve currency con-
ditions, which does away with the
limit on subsidiary coinage. permits
the use of gold certificates in denomi-
nations of $40; authorizes deposits of
customs receipts in national banks
the same as internal revenue receipts;
repeals the law permitting the with
drawal of $3,000,000 of circulation in
any one month. The committee recon-.
mends striking out the clause in the
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
FOUGHT DUEL WITH PISTOLS
Political Dispute Results in Death Of
Both Participants.

Huntington, w Va, April 8.-John
Mcfarland. police chief of North Fork,
and ]. A. Ballard, lumber merchant
and capitalist, are dead as a result of
a pistol duel which followed the Re-
publican district convention at North
Fork The contest between William
o. Dawson and Colonel Charles F.
Teter for the gubernatorial nomination
caused the duel. Mcfarland was an
ardent supporter of Dawson and Bal
lard of Teter. They met on leaving
the convention hall The lie was
passed and the shooting followed, each
being killed.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
and War Minister Linares, star,eu al

and War Minister Linares, starleu al
9 a. m. on a round of visits to factories,
where he conversed with the working
people, praised labor and declared that
one of his greatest desires was to ad-
equately protect the workmen. He also
visited the workmen's quarters, many
of which were decorated. Everywhere
the king was accorded most cordial
reception. The Catalanist senators,
Marquis de Campos and Senor Bert
rand, wrote letters to the Diaro de
Barcelona heartily welcoming the king
and declaring their loyalty and at
tachment to him.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
TRAIN BREAKS IN TWO.
Collision on Baltimore and Ohio
Branch Line.

Central, w. Va, April Sat an
early hour in the morning a collision
occurred between passenger and
freight train near this place on the
Parkersburg branch of the Baltimore
and Ohio railroad. in which Conductor
Ford of the freight train was in
stantly killed and Engineer Benning-
ton badly injured. Three postal clerks
We're slightly injured. No passengers
were hurt. The accident was caused
by one of the trains breaking in two
Both engines were badly damaged, as
well as the baggage cars. The postal
and express cars were derailed.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
GRAND CHIEF STONE ENtotMEp
Engineers Aroused Over Location of
Convention City.

Cleveland, April 8--Third Assistant
Chief Eli Stevens of the Brotherhood
of Locomotive Engineers has secured
an injunction. from Judge Dissette of
the common pleas court, temporarily
restraining Grand Chief Stone or other
officers of the organization from hold
ing the annual convention in Cleve-
land or any other point aside from Los
Angeles, Cal. The latter city was
originally chosen as the place for
holding this years convention, but
owing to the high transportation rates
movement was recently started to
hold the convention, which meets May
II. in this city.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
ANARCHIST THROWS A BOMB AS
SPANISH KING LEAVES BAR
cELONA EXHIBITION.
CENSOR SURPRISES ALL DETAILS
TWO PEASANTS INJURED By Ex.
PlostoN BUT ROYAL WIS.,
lTOR IS UNFRAMED.

Madrid, April 8.-An off cial tele.
gram from Barcelona states that as
King Alfonso was leaving the exhibit
tion there a petard exploded, injuriLg
two peasants. One arrest was made.
King Alfonso arrived at Barcelona
Wednesday for fortnight's visit to
CATALONIA. FIe was accompanied by
Premier Maura and War Minister Lii
mares and numerous suite. The visit
of the king to Barcelona, which is the
hotbed of repnblicanism, caused the
greatest disquiet in Spanish official
circles, as it was feared the Repub-
licans and Socialists would vent on
the king their hatred of the premier,
whose strong measures in dealing with
the strike rioters had made him very
unpopular. AS a preventive measure
large numbers of anarchists were ar
rested last week and a cruiser, three
gunboats and a large force of gen
darmes were sent TO Barcelona.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
FREIGHT TRAINS COLLIDE.
Two Trainmen Killed and Three Fa
tally Injured.

Sandusky, o., April Sin a headon
collision between freight trains on the
Lakeside and Marblehead road near
Lakeside station Fireman Frederick
Doel and Brakeman William Pokey
were killed, while Brakeman John
Brady, Engineer James Cullen and
Brakeman George Ward were perhaps
fatally injured The accident occurred
during a dense fog Both trains were
moving at high rate of speed when
they came together.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
ARMY APPROPRIATION BILL.
House Agrees to Partial Conference
Report,

Washington, April S-A resolution
postponjng the consideration Of the i'm
peachment proceedings against Judge
Charles Swayne of the Northern dis
trict of Florida until Dec. IS, 1904, and
authorizing the judiciary committee
to take further testimony in the case
was presented to the house by Mr..
Palmer lPa) and agreed to without
opposition.
The partial conference report on the
army appropriation bill was agreed TO.
Four senate amendments were still in
disagreement. These amendemnts
were taken up for discussion.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
REAR END COLLISION OF PAssEN
GER TRAINS ON CHICAGO
AND NORTHWESTERN
THREE KILLED and MANY INJURED
RED MEN IN SPECIAL CAR THE
ONLY ONES WHO SUFFERED
IN THE DISASTER.

haywood, Ill.,, April 8.-Sixty-three
Indians in a special car en- route tc
New York for show purposes were
run into by mail train two miles
west of here during fog. Three VI
the Indians were instantly killed.
three were fatally injured and twenty
others were more or less seriously
hurt. The Indians who were not pinned
in the wreck fed in a panic across
the prairie. The dead are Killed
Head, skull crushed; Phillip Irontail.
Jr., body crushed; Thomas Comelast.
body crushed. The fatally injured are
Big Chief White Horse, body crushed
and legs broken; Luther Standing
Bear, crushed about body and head;
Annie GOoseface, crushed about body.
The trains which collided were the
Oregon express and the fast mail on
the Chicago and Northwestern rail
way. The express train was run into
by the mail train. Both trains were
eastbound.
Physicians were promptly hurried
to the scene and as soon as possible
the injured were taken to haywood
and Chicago. All the victims of the
wreck were Indians.
The coach containing the Indians
was light day car. The rear end OF
the coach ahead was also damaged.
After the collision the passengers
hurried to the rescue and after hard
struggle pulled the injured Indians
from beneath the wreckage. Chief
White Horse, in charge of the Indians
on the train, was fatally injured. The
bodies of the Indians who had been
killed outright were laid on the prairie
beside the track, Chief White Horse
being carried with them. He said he
Knew That Death Was Near
and requested that he be placed near
his dead companions The chief was
propped up and sat stoically while
physicians worked over his injuries.
He smoked pipe quietly and showed
no signs OF the pain he must have been
suffering. One by one the other in
jured Indians were slowly taken from
the splintered car and placed upon the
ground near their dying chief ard
dead comrades.
A moment after the crash there was
not a sound from the i'll fated coach
Then one by one those surviving the
crash regained in part their senses
and began shouting for aid A terri
flying series Of wild yells from the In
dians were heard by the passengers.
jumping from each side Of the cars
ahead.
After the bodies of the dead had
been removed from the wreckage and
placed in. row on the prairie, an in
cident. probably unparalleled in rail
way records, took place. The unin-
jured among the Indians gathered
about and, led by Chief Iron Tail
solemnly chanted the Indian death
song"
1t was a pitiable sight to see the
Indians lying on the ground, clad in
their native garments, with their red
blankets dyed deeper by the blood of
their friends. The men were men of
splendid physique and the exhibition
Of calm nerve on the part of White
Horse was good example of that of
the other members of the Indian party
The Indians were from reservation
near Rushville, Neb, and their Journey
East was primarily for show purposes
at New York.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
Bolivian Minister Recalled.

Washington, April S.-senor Don
Fernando Gnachalla, minister of Bo
livia to the United States, during the
day presented to the president his let
ters of recall. The ceremony took
place in the Blue room of the White
House. Senor Guachalla has been
transferred by his government to the
republic Of Argentine and will leave
in a few days for his new post.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
NOT ANXIOUS FOB HELP.

Japan Desires China to Keep Out Of
the War.
New York, April ,8.-Reports are
said to have reached an ambassador
here. says Herald dispatch from Ber-
lin. to the effect that China is on the
verge of throwing in her lot with
Japan. The first defeat on land for
Russia will, it is asserted, be the sig
nal for a forward movement on the part
OF the Celestial empire Japan, the
correspondent adds, shows no anxiety
for help, realizing that China's inter-
vention may cause more enlbarrass-
ment than profit.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
TWO IOWA BANKS FAIL.
Speculation in Western Cattle Given
as Cause.

Marshalltown, Ia, April S-The Ex-
change bank of Dow City and the
Bank of Buck Grove have failed, with
reported total liabilities of $50O,00O
and assets of only $150,O0O. Both
banks are owned by H. s. Greene of
Dow City. The assets exceed the di-
rect liabilities by between $4,000 and
100000 and the depositors will be
paid in full. Speculation in Western
cattle is given as the cause of the
failure. n. Wilder of Dow City has
been appointed receiver of the twG
banks
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
Many Troops at Liaoyanq.

st. Petersburg, April 8.-A CORE
spondent Of the Novosti, writing from
Iiaoyang March l3, says that small
town has been transformed into mil
itary city as a result Of the arrival Of
many troops Living had become ex-
tremely expensive. due to the inability
Of merchants to obtain private freight
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
RE REAA :. .gPROBABLY CUT UFlF.
Cossacks Defeated at Chongju Are Re-
ported Missing.

Cossacks Defeated at chongju Are Re-
ported Missing.
NeWchWang, April S.-The Russians
here are anxious to know the fate of
General Mishtchenko's Cossacks, who
were defeated on March % at Chongju
They were heard from the next day
in two detachments, making for the
Masandong road in an attempt to cut
northeast through the Yalu valley, and,
it successful, ought to have crossed
the river between Wiju and Sekuchan
on Thursday or Friday of last week.
It is probable they were unable to go
through as planned, because of the
Japanese movement southwest from
Kusong, which was then so well ad
vanced that the Russians must have
been forced into the mountains direct
ly south Of Wiju. 1t is now believed
here that they were unable to make
the Yalu river, in which event there
will be little chance for them to es-
cape a fight or capture.
The Japanese will not be opposed
at the mouth of the Yalu, the Russian
military board having decided that a
successful defense of the northwest
bank would be impossible against the
Japanese navy Since Thursday of
last week the enemy;s :gunboats have
been patrolling the river north, within
five miles of Ant1lng. They have three
gunhoats and two small cruisers pro-
tecting the mouth of the Yalu.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
Heavy Loss in WAGES.

New York, April S.-Bricklayers and
laborers, who returned to work in New
York during the day after strike Of
five weeks duration: are estimated to
have sacrificed wages aggTegating ST.
100000. Nearly $4,000 workmen were
involved and the whole trouble is still
to be settled by arbitration, pending
which the rSen will not be asked to
work overtime
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
swavne Case Goes Over.

Washington, April S-The house
committee on rules during the day de-
cided on programme to have the
case of Judge Swayne of Florida go
over until Dec. IS, the committee on
judiciary to take additional testimony
meanwhile
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
Carriage Struck by a Car.

Ypsilanti. Mich, April S.-A car
riage in which were Miss Edna
Thumm and Frank Mccoy, a colored
man who was driving her to Ann Ar
Dor, was struck by an electric car
four miles vest Of here. Mccoy was
instantly killed and Miss Thumm died
later Of her injuries.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
Korean Minister to Japan.

Seoul, Korea, April S.--Cho Min
Heui, former minister to the United
States, has been appointed minister
to Japan in place of Hyun Yong Un,
who was appointed April l, but who
refused to accept the position.
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
Oil reuuclng the tax on clrcuuaTaon
to one-half of per cent.
Revolt Brewing in Havti.

New York, April S.-DiscoHery has
been made, according to dispatch re-
ceived here from Kingston, Jamaica.
that plot is under way for a revolu-
tion in Hayti to overthrow General
Nord Alexis, the president of that re.
public. 1t appears that there are tws
factions engaged, each headed by a
general
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
Mikado Receives British Officers

Toxic, April 8. 8.-Lieutenant General
Sir Ian Hamilton, Lieutenant General
Sir William Nicholson and Colonel
James A. !. Haldane, the three British
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
Drowned While Duck Huntino.

Temperance, Mich, April 8.-Elliot
Hobart and John Gerkey, young men
have been drowned while hunting
ducks on a email lake five miles west
of here. The accident occurred by the
BUTTON of their boat falling out. The
accident was witnessed by the mother
of one of the men, but she was unable
to summon assistance in time to save
them
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
FOUR HUNDRED THOUSAND MEN.
Immense Army for kuropatkin's Use
in Manchuria.

Yinkow, April 8.-General Kuropat-
kin arrived here during the morning.
He Inspected the fort and 5000 troops
parallel Oh the plain outside the fort,
with artillery and horses fresh from
Europe. They seemed in excellent con
ditiOn.
General uropatkin, who returned
in the afternoon to TashichiaO. says
he will have 100000 men in Manchuria
before war egins in earnest
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09
JAPANESE FLEET REAPPEARS
SQUADRON OF WARSHIPS CRukS-
ING IN THE VICINITY OF y 4
PORT ARTHUR.

St. Petersburg, April S.-The aad-
miralty has received information that
a Japanese squadron has been cruis-
ing off Port Arthur since Wednesday,
Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1904-04-09

Dhcers who will be attached to the
Japanese army during the war, were
received in private audience by the
emperor during the day.