davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
LETTERS TO EDITOR
Reportc Are Misleading.

In view of the published reports regard
inis the constitutionality of numerous acts
of the last legislature the following letter
has been received:
To the Editor of The Age-Herald:
The constitutional provision authorizing
the issuance of fifty-year refunding state
bonds was submitted to the people and
ratified as a part of the constitution. 1t
is section 2S3 If the constitution. The
provision as to succession to the office
of governor was submitted and ratified by
the people as section 127 of the consttu-
ton.
The provision as to exclusion of spec
tators from trials for rape and assaults to
rape was also submitted and ratified by
the people, and is section 100 of the con-
stitution.
1t is probable that many misunderstood
the contention of the lawyers 1t quotes
as to the effect of the decision of the
supreme court which held the Calcis court
house constitutional convention legisla-
ton invalid. While it is true the court in
that decision held to the doctrine that a
constitutional convention cannot legislate.
1t declared the Calcis legislation invalid
for the reason that 1t was not submitted
as part of the work Of the convention
for ratification or rejection
There Is wei settled construction of
the powers of such convention that. even
wherein they exceed their delegated au-
thorty, their action becomes valid when
submitted to and ratified by vote of the
people. This action the well known prin-
cipIe of law that the master may subse-
quently ratify the act of his servant even
when done without the scope of his au-
thority. CECIL BROWNE.
Talladega. Ala. March 4. 1905.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
Local and Personal.

Further investigation developed the fact
that the little white boy who was before
the mayor yesterday morning had not
been driven away from the boarding house
where his father left him, but that he had
gone away Thursday morning and did not
return. A letter from the father to Mrs.
Ryal who keeps the boarding house, ask
ed her to care for the boy, II she could,
and IL not to send him to his aunt in
Calera
Mr. Joe Butt left this afternoon for Mo-
bile and New Orleans He Is a delegate to
the convention of Catholic knights which
meets tomorrow in Mobile.
The police department has unearthed
what they think is blind tiger that has
been running on Perham street, In East
END. They found In the house of a negro
by the name of George Huggins a jug of
whislxey and a basket full of half pint
TASKS. The negro's trial will come up
Monday.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
Coleman Named.
Not Much of an illumination

From the Philadelphia Record
MAY the saints preserve ye." sail ar
old woman in Washington who had beer
given n quarter by Congressman Cooper
of Wisconsin, AN may every hair o
your head be a candle to light your way
to glory!''
well, II won't be such a dodgasted
torchlight procession at that" Mr.. Coop.
er answered. as n guest of wind took of
his hat, showing a shining crown.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
Answers to Correspondents.

From the Louisville Courier-Journal
X. Y. Z.-You lose. There is no United
States senator at present in jail The gem
tleman of whom you speak has. up to
the present writing. persistent1y declined
-er-the-er-shall we call 1t the nom
nation?
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
Mrs. wInsIow's Soothing Syrup

The best remedy for DILRRHOEA. Sold
by druggists in every part OF the world.
Be sure and ask fer "Mrs. Winslow's
Sc othing Syrup" AM take no other kind.
Has been used for over FIFTY YEARS
by MILLIONS OF MOTHERS for their
CHILDREN WHILE TEETHING, with
PERFECT SUCCESS. 1t SOOTHES the
CHILD SOFTENS the GUMS, ALLAYS
all PAIN, CURES WIND collie. and il
twenty-five cents bottle.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05

See eur combination acct
dent and health policy, pay
ing for everything. man or
woman, costing $l.OO per
month. The Pennsylvania
Casualty Co, 2O8-0 First
National Bank Building
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
INDUSTRIAL NEWS

The Wall Street Journal says: The
Shelby Iron Company of Shelby Ala
bama, will undoubtedly be included In
the pending merger of southern from com
panies.
The company has capital stock of
only 81 900 900, blu. 1t Is one of the most
profitable concerns in the south. rs
dividend record since 1900 las been as fol-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
WINTER TOURIST
Rates via the Southern Railway.

Excursion tickets are now on sale by
the Southern Railway to all the popular
winter resorts of Florida.
For folder entitled. Winter Homes In
the South" giving full information re-
garding hotel rates; also for information
regarding passenger rates and SCHEDULED
apply to ]. H. HARRISON.
District Passenger Agent.
Morris Hotel Bldg.) 12-7-tf
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
TATUM SHERIFF Of
CRENSHAW COUNTY
S, D. May Left the State Several
Weeks Ago
RECEPTION FOR FLAGS
Many Plans Are Suggested for Giving
Old Confederate Emblsms a Suit.
able Reception on Their
Arrival.
FOR FLAGS

Montgomery, March 4--(Special)-W.
L. Tatum was today appointed sheriff
% Crenshaw county, to take the place of
s. D. May, who left the state several
weeks ago and has nc returned In the
course of law the bondsmen of Mr. May
gave up security for him and the probate
Judge declared the office vacant. Mr. Ia
tum was the chief deputy and has been
doing the work since Mr.. May left The
delegation which came up in behalf of
Mr.. Metcalf was composed of DR. ]. r.
Horn, member of the state board of
pension examiners; c. r., b. r., and r.
E. Briclken. G. o. Diekey, w j. Baxter,
J c. MeLendon and J. n. Pollard
The absence of Mr.. May has been great
ly regretted by his friends and the hope
has been INDUCED for some time that
he would come back. So far as the state
Is concerned he is behind only $2l2 and
there is something like $500 due the
county, but this might be paid alright II
seems to be that Mr.. May left because
he was afraid the United States grand
jury would indict him for peonage which
it is reported it did In a report made
some time ago on the books of Mr.. Lay
there was an item nat indicated that
one of the negro jail prisoners had been
worked by the sheri--, which no doubt
forms the basis for an indictment If it
was returned
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
Entries at New Orleans.

New Orleans Jockey club entries:
First race, seven furlongs-Lillianette,
Lila Noel, 100; Armorer, 1O5; Equity, 100;
Glenballo, Sam Stevens False Entry.
Juba, Norman Holt, Brand New, Norel,
Sheer, 1902; Lord Hermence, High Wind,
los; Reliance, 102.
Second race, four and one-half fur
longs-Favorita, Colonial Lady. Parvo,
Temple, 101; Prince Glenn, 10l: Sam How
ard, 106; Dick Brown, 107; Gray Dial, Ma
rinlbo, Daring, 109; Tichimingo, 112.
Third race six furlongs, purse-Precious
Band, Princess Orna, Long Days Lid
wilma, Broadway Girl, 101; Billy Handsel,
Bear Hunter, 1903; Harpoon. Judge Tray
nor Melrose 1O6; Ascot Belle, 107; Sharp
Boy 1O9; Saladin. 112.
Fourth race, mile. purse-Rian, Florizet,
100; Reticent, 1903; st. Tammany, Cardinal
Wolsey, 104; Bonnet, Six Shooter, 10Y.
Fifth race, mile and an eighth. selling
Middon IS; Judge Sauiey, 80; Omealca,
81; Roundelay. 90; Swift Wing, 106; Chan
lay. Ben Haywood, 107.
Sixth race, mile. selling-Bessie Nc,
Lou M. So; Rejectable, 80; Sand Bath. SO;
.Australina, 81; Kernel, So. Red Thistle,
Bill Knight, 80; Conundrum. 1c3; Rudabek,
Trojan, 1o4; Ell Ghor. Sabinal, 1903; Flam-
boyant, Bluff. Ill.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
ON THE RACE TRACK
New Orleans Jockey Club.

New Orleans, March 4.-Twenty book
makers drew in at the City park race
track today. The attendance was the
largest yet seen at the meeting and
sport was excellent. The feature of the
days sport was the brilliant perform
ance Of j. A. Kyles chestnut gelding,
Telescope, who, with 108 pounds up, won
at FIVE furlongs' in $50 1-5. making new
local record. He was off well but finally
won easily. The stewards suspended in
definitely w. J. Corners, the owner and
trainer of Bud Embrys winner of the
last race, on account of the sudden
reversal of form shown by that horse.
First race, three year olds. six fur
longs-John Garner, 81 q. McGinn) 20 to
1, won; Alcantara, 100 (NicoD IA to s,
second; Iidwina. 95 q. Hennessy) 6 to 1,
third. Time liza 1-5.
Second race two year olds, half mile
Reuben, ia (NicoD to s, won; Fortu-
late, Jos (RomannellD to l, second;
Gary, 102 (Newman) to 1, third. Time
> AS rs.
3 Third race, three year olds and up,
five furlongs-Telescope, 10S (Gannon) 1
to 2, won; Lucy Young. 80 q. Hennessy)
Ii to 5, second: Mr.. Barnaby, go (Mc-
Laughing 7 to l. third. Time $50 1-5.
Fourth race, handicap, three year olds
and up, one mile-Janeta, 81 (NicoD 8
to 20, won; Garnish, 1913 ct. Sloan) 9 to
20 second; Florizel. "a q. Hennessy)
to /. third. Time LAO.
Fifth race. four years old sand up, SELL
ing, mile and one-eighth-Ben Haywood,
10 (Gannon) to 10, won; Cardinal VOL
sey 100 &c. Schilling) IS to 1. second;
Reveille, 10 (RomannellD 20 to l. third.
Time 1854 Us.
Sixth race, three year olds and up, SELL
ing, mile and one-sixteenth-Bud Embry,
Jos III. Brown)7 to 1, won; Rhyl SO (Mc-
Laughlin)} 70 to 1, second; Harry Ste
phens. 90 (Anderson) 8 to 1, third. Time
157 AS.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-05
FLAG Reception.


Flag Reception.
Around the capitol today there is
great deal of talk about receiving the bat
tleflags which the Government at Wash
ington proposes to return to the states.
The suggestion has been made that every
department of Confederate organization
hold a meeting, and one representative
from the Veterans, one from the Sons one
from the Daughters one from the Me-
mortal Association, and one from each of
any other that may exist make up
committee to prepare a programme, and
then all get together and see that the
event be made one of the most interest
ing and patriotic In the history of the
state. This would interest every person
in the state in the reception. The gov
ernor could be called upon for a speech,
and a number of others have prominent
part
Carmichael Sangune.
Judge j. NJ. Carmichael, president of the
State Convict Board has been busy the
last few days getting all the bonds Of in
spectors and clerks made and arrange
ments for the new years business Look
ing ahead. the Judge sees great many
things which ought to be done during the
next twelve months and believes that
there VIII be Improvement oYef the past,
though the plan now used has been de-
veloped to a point that it looks like there
is little chance to improve it. 1t is hoped
that this year will see all the men in the
convict class put under the direct control
of the state. Where this has been done
the results have been entirely satisfactory.
The prisoners have been better treated
and the results have been greater. This
will be possible, except with the prisoners
of few small farms. and it is quite like
~ there will be few convicts at work out
side the states actual management when
next March comes around.
Coleman Named.
The Governor has reappointed Thomas
w. Coleman judge of the city court Of
Admission.
He has also appointed A. Collins OF
Aston member of the Barbour county
Board of Revenue.
Judge J. NJ. Carmichael, president of
the state board of convict inspectors, re-
ports that a contract Is now operative
with the Horseshoe Lumber company of
River Falls Let me tell you what the
convicts have TO eat down there" he
said Bacon. fresh meat once a week.
peas and beans. rice, syrup. corn bread
-four bread. coffee and sugar" lie then
said that 1t costs the state exactly $342 a
month to furnish this board
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
September Smart Set.

Molly Elliot Seawell's novelette,,
"The Chateau of Montplasir," which
opens the September Smart Set, is just
the kind of story one wishes to read in
warm weather. 1t is delightfully."- hu-
morous from beginning to end, and,
while some of the situations are hilar-
iously laughable, the author never
oversteps the bounds of probability.
Those readers who remember Miss
Seawell's "Papa Bouchard, (which the
same magazine published about four
years ago, know what pleasant hour
is IN store for them in this last piece OF
work. Miss Seawell has never given
us more rollicking and genuinely in
teresting story, nor one so full of the
very spirit OF comedy.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
IT CAN'T BE IGNORED.
Taylor Talks of the Action of Benton
County.


Nashville, Tenn, Aug. 12.-Reply-
ing to Senator Carmack's recent inter
view regarding the action of Benton
county ex-Gov. Taylor tonight gave
out the followinh statement:
"The question of how and when .
primary for United States senator shall
be held is not for Mr.. Carmack to set
tie. 1t belongs to the people of Ten
nessee. In his interview while was
far away in the west on the lecture
Senator Carmack declared with a
flourish of trumpets that he would not
have an Office not given him by the
people, but now when the regular dem
ocratic executive committee of Benton
county calls primary to give the peo-
pie of that county the opportunity to
express their preference, the senator
condemns their action and advises his
friends to ignore the primary of Ben
ton county. If the senator can ignore
the action of this good old democratic
county could he not upon the same
principle ignore any action which
might be taken to bring about gener-
al primary? Does anybody believe
that the senator would ignore a pri-
mary in Benton county or any other
county if he thought the people were
for him!
"I am glad to observe that the sena-
tor and his friends seem to construe
every movement to place the senatorial
question in the hands of the people for
settlement MS movement in my favor.
The action of Benton county is in ev-
cry way regular and thoroughly demo-
cratic for it is the sounding of the key
note of the glorious destiny that all
power is inherent in the people.
There's breeze about to blow;
There's light about to glow;
Men of thought, men of action, clear
the way.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17

Benedict is New Haven man who
has been eight times the father of a
bouncing bounder. In the outskirts
of the university city is a little town
among the hills named Prospect, and
last year four of the children were sent
there for the summer.
One day Benedict and his wife en-
tertained at dinner a new acquaint-
ance, Prof. b. The professor is q
bachelor, and, like many scholarly
men, rather i'll at ease in society.
"Ehat fine little family of children
you have" he began with an admiring
glance at the four stay-at. homes.
"Yes, indeed" replied Benedict
proudly, "and we have four more in
Prospect.
The professor blnshed his astonish
ment. August Lippincott's.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
BOOK TRUST Is HARD HIT.
Right of the Individual Business Man TO
Rcdnce Prices Upheld by Courts.


Rednce Prices Upheld by Courts.
A decision has been handed down in
the United States Circuit Court of New
York by Judge Ray, in the action of
Charles Scribner & Sons and the Robs-
Merrill Company against R. H. Macy
& Co. for an injunction to restrain
Macy's from selling copyright books at
less than the retail price fixed by the
Publishers Association, which will
have far-reaching effect on all trade
combinations" says the New York
World.
Stephen H. Olin and ex- Attor ney
General W. H. H. Miller appeared for
the eomplainants, and ex-Secretary Of
the United States Treasury John G..
Carlisle and Edmond e. r. Wise for
Macy's.
Judge Ray gives sweeping decision
in favor of r. II. Macy & Co., dismiss
ing the complainant and severely criti-
cising the combination of publishers
and booksellers, which he holds to be
in violation of the Sherman Antitrust
Law.
Editorially the New York Journal says:
The firm of r. II. Macy & Co. rem
dered really great service to the pub
lie at large and to the business inter
ests of the community in their fight
against the book trust.
The book trust alleged its right to
forbid retailers to sell books below a
certain price fixed by the trust.
Macy & Co., acting in behalf of the
purchasing pnblic, maintained in the
courts, at considerable expense, their
right to sell merchandise bought by
them for whatever price they pleased.
The case. was heard before Judge
Ray in the United States Circuit Court,
Isidor Straus and Nathan Straus, part
ners, appearing under the firm of Macy
& Co., in behalf of the public and the
rights of the individual business man
The thanks of the public are due to
Macy & Co. for the fight they made
against this particular form of trust op'
presaion. And still greater thanks are
due to Judge Ray for this excellent
opinion, in which he sustains the action
Of Messrs. Sirius appearing in behalf Of
the public interests.
1t is to be hoped that the get-rich-
quick gentlemen who propose to gel
such money from the public by making
themselves lords and masters of the
purchaser, retailer and all others will
take to heart the lesson that is taught
them in the opinion quoted above.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
The August Smart Set.

Mrs. Burton Harrison's name has al
ways been Identified with particularly
entertaining ticoion, and for m n y
years she has not given us so capital a
piece OF work as "Mhe Carlyles," the
long novel which opens the August
number OF The Smart Set. Is is by
far her most important story, and is a
distinct departure from her former nov
els. The scenes are laid in and around
Richmond, during the stirring days Of
1865, and the introduction of several
historical events adds greatly to the in
terest of splendid dramatic love story
No novelist dealing with the Civil War
period h succeeded ig creating a
more realistic atmosphere or characters
more convincing.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
TarkingtOn'S Story of Stage Life.

Booth Tarkington's experience with
the dramatized Monsieur Beaucaire"
brought him into intimate contact with
life behind the scenes. Out of this
stage world he has known comes the
novel and stirring tale he contributes
to McClure's fiction number.
"The Property Man" is Booth Tark-
ington at his best. The historical nov
els widest moments has no parallel
for the thrill OF Romeo's duel for life
with the insane Tybalt, before the un-
conscious eyes Of a packed house.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17

It is limited that the novelette, in
Magazine for August, en-
titled "Her First Elopement," comes
from the pen of we'll known writer,
who hides her identity under the
pseudonym of "Clara Bartram." The
story is gay recital Of one summers
happenings at Newport, and in view of
certain episodes which bear the ear
marks of intimate personality, easily
recognized, it might cause embarrass-
ment in high circles were the author
revealed.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
A Touching Story

is the saving from death, of the baby
girl of Geo. A. Eyler, Cumberland, Md
He writes: SAT the age of II months,
oor little girl was in declining health,
with serious Throat Trouble, and two
physicians gave her up. We were al
most in despair, when we resolved to
try DIR. Kings New Discovery for Con-
sumption. coughs and colds. The first
bottle gave relief: after taking bottles
she was cured, and is now in perfect
health" Never fails to relieve and cure
cough or cold. At Fl. G. Miller's
doug store; SOC and $1.OO guaranteed
Trial bottle free.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
Rheumatism

When pains or irritation exist on any
part of the body, the application of
Ballards Snow Liniment gives prompt
relief. f. W. Sullivan, Prop. Sullivan
House, Ell Reno, 0. T., writes, June 6,
1902 81 take pleasure in recommend
ing Ballard's Snow Liniment to all who
are afflicted with rheumatism: It is
the only remedy l have found that
gives immediate relief. 95c, SOC and
$t.00 at II. q. Miller's.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
- Use Aliens Foot Ease.

A powder to be shaken into the shoes.
Your feet feel swollen, nervous and
domp and get tired easily. IT. you have
smarting feet or tight shoes, try Aliens
Foot Ease. It cools the feet and makes
walking easy. Cures swollen, sweat
ing feet, blisters and callous spots.
Relieves corns and bunions of all pain.
Try it today. Sold by all druggists
and shoe stores for 25c. Don't accept
any substitute. Trial package free.
Address Allen S. Olmsted, lie Roy,
N. Y. 1100-4t.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
Herbine

Renders the bile more fluid and thus
helps the blood to flow; it affords
prompt relief from billiousness, indi-
gestion, sick and nervous headaches,
aud over-indulgence in food and drink.
G. l.. Caldwell, Agt. NJ. X. and T..
r. r., Checotab, Ind. Ter, writes,
April IS, 1903. II was sick for over
two years with enlargement of the liver
and spleen. The doctors did me no
good, and | had given up all hope of
being cured, when my druggist advised
me to use Herbine. 1t has made me
sound and we'll" SOC at H. G. Miller's
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17

Creditors of Mrs. Cassie L. Chad
wick Will receive total dividend of
about seven mills on the dollar. As
sets amount to about $4,000, against
which are claims for attorneys fees
aud court costs amounting to $4,000,
leaving about $4,000 with which to
meet 81, 600, 900 of Indebtedness.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17

A conductor on one of the Brooklyn
cars was collecting fares before leaving
the bridge, and as he called out fares
to two Jews who were in front of me,
one of them held up dollar bill, say
ing, 1.-TWO shintlemen. This was toe
much for an Irishman across the car,
and as he handed the conductor his
nickle and said, "Wan sheeney, = Au.
gust Lippincott's.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17

We offer one hundred dollars reward forany
case OF catarrh that can not be cured by Halls
Catarrh Cure. Il. j, CHEEY q Co, Toledo, o
We, the undersigned, have known II. j. Che
ney Tor the last 10 years and believe him pei,
fectly honorable in all business transactions
and financially able TO carry out any obligations
made by their firm, WEST & 1RUAx,
Wholesale Druggists Toledo, O,
WALDING, KINNAN g. MARVIN,
Wholesale Druggists, Toledo, o.
Halls Catarrh Cure is taken internally, act
ing directly upon the blood and mucous surfaces
of the system. Testimonials sent free Price
75c per bottle Sold by all druggists,
Halls Family Pills are the best,
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17

Yon may have free the first bottle of
Mull's Grape Tonic sure constipation
specific. Simply write a postal to
Mull's Grape Tonic Co., $40 Third ave-
nue., Rock Island, Ill. Your druggist
sells it The 81 bottle contains nearly
three times the SOC size. Send name
tndav
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17
A Smooth Article.

When you find it necessary to use
salve use DeWitts Witch Hazel Salve.
1t is the purest and best for sores,
burns, boils, eczema, blind, bleeding,
itching or protrnding piles. get tbe
genuine DeWitt's Witch Hazel Salve
Sold by H. G. Miller.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17

"Dear John" wrote Mrs. Newlywed
from the shore, 81 enclose the hotel
bill"
"Dear Jane, 1 inclose check" wrote
John, "but please don't buy any moro
hotels at this prioe-they ale robbing
you. Smart Set.
The comet. (Johnson City, Tenn.) 1884-1916, 1905-08-17

Mothers lose their dread for that
terrible second summer" when they
have DIR. Fowler's Extract of Wild
Strawberry in the house. Natures
specific for summer complaint.