davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
NAN PA4TERSON'S =;
FATE YET HIgs sy*sA
THE DISTRICT ATTIC o SAYS
THERE is A GRk JESTlON
TO DECIDE WHICH WILL RE-
QUIRE SOME TIME.

New York, May S.-Nan Patterson's
future is still uncertain. Bail has been
provided for, but District Attorney Je-
rome has not yet decided what action
he will take in her case.
This afternoon after a long conference
with Mr.. Jerome and his associate, Mr..
Rand, Miss Pattersons counsel was COM
pelled to bear the girl in the tombs the
disappointing news that she may have
to remian in prisoner for at least week
longer
The prisoner bore the announcement
with fortitude although she had been
lead to believe that she might be grant
ed her freedom either today or tomor-
row. At least two bondsmen are said
to be ready to give bail in any reason
able amount, and counsel for Miss Pat
terson say the surety will be provided
without delay as soon as the district at
torney expresses a willingness to ac-
cept it.
Mr. Jerome issued the following state
ment:
"In reference to the case of the people
against Nan Patterson, / am unwilling
to make any statement other than this:
My information in regard to the case
presents a serious question for my de-
cision, and one which l must decide my
self and not permit the newspapers to
decide for me. l have not yet decided
it,"
Abraham Levy, Miss Pattersons coun-
sci, said after the conferences
''I have already talked with Mr.. Je-
rome and Mr. Rand. Mr. Jerome POM
sed that he would take up the matter at
the earliest possible moment, and give it
his fullest attention. lie will then let
us know what his course will be. Until
he disposes of the matter 1t is impossible
to take further action. and I will not
make any move until that time. Mr.. Je-
rome has now to decide whether to ad-
NIT her to bail, discharge her on her own
recognizance, dismiss the Indictment
against her. or again place her on trial.
l have no doubt that Mr. Jerome will
speedily decide"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
CH|NAMAN MUST
LEAVE COUNTRY
Supreme Court Passes on I'M
portant Case
BORN IN UNITED STATES
Three Justices Dissent Vigorously
From Forcing Ju Toy to Remain
Without Allegiance to Either
China or United States.

Washington. May SIN the case of Ju
Toy, the supreme court of the United
States today held that the decision of the
Secretary of the Department of Com
meree and Labor is final In Chinese ex-
clusion cases. Ju is the son of Chinese
parents, but claims to have been born In
the United States His exclusion was
ordered after a temporary visit to China
and he took the case to the federal
courts.
In passing upon the Secretarys right
to order exclusion in such cases, Justice
Holmes, who delivered the opinion. said.
"rhe petitioner, although physically
within the boundaries, is to be regarded
as IL he had been stopped at the limit of
our jurisdiction, and kept there while his
right to enter was under debate If for
the purpose Of argument We assume that
the fifth amendment applies TO him, and
that to deny entrance TO citizen is to
deprive him of liberty, we nevertheless
are of the opinion that with regard to him
due process of law does not require a
judicial trial. That the decision may be
entrusted to an executive officer. and
that his decision is due process of law,
was affirmed and explained in the Esin
I versus the United States and other eases.
| A ht ftAhitEiiitHl VI II Jhhitidl lildl doHa
not prevail in every case
Three Justices Dissent.
Justice Brewer delivered vigorous dis
senting opinion in behalf of himself and
Justice Pec,.ham and Day.
Justice Brewer said that Ju Toy had
! been judicially adjudged to be a citizen
of the Uniteu States, and added:
There can be no punishment except
for crime. This petitioner has been guilty
of no crime, and 1t has been so iudcially
determined. Yet In defiance of this adj
Judication of innocence he Is compelled 10
suffer punishment as a criminal and is
denied the protection of either a grand
or petit jury. The statutes of the United
States expressly limit the finality of the
determination Of the immigration officers
In the cases of aliens 1t has been con-
ceded by the government that the statutes
d. not apply to citizens, and In the face
of all we are told that the rules of the
department of commerce and labor may
be enforced against citizens. and that
congress intended. Banshment of a
| citizen not merely removed him from
the limits of his native land. but puts
him beyond the reacn of any protecting
causes of the constitution In other words
1t strips him of all the rights which
are given to a citizen. | cannot believe
that Congress intended to provide that n
| citizen. simply because he belongs to an
J obnoxious race, can be deprived of all the
! liberty and protection which the constitu-
tion guarantees, and If 1t did so intend,
do not believe that 1t had the power to
| do So +"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
Showered With Lilacs.

Florence. Col. May S.-When the Presi-
dents train pulled into the station at
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09

federal injunctions granted during the
strike by Judge C. C. Kohlsaat, proved
unavailing
Decline to Be Sworn.
When the cases were called before Mas
ter in Chaneery Sherman the defendants
named in the injunction declined to be
sworn on the ground that they might
give discriminating evidence against them
selves. Their attorneys declared that the
bills for injunctions filed by the seven
express companies and the Employers as
sociation were nothing but ingenious sub
terfuges through which the complaining
PARTIES wish to secure discriminating evil
dence against the labor leaders which
they desired to use in the conspiracy In
dictments against them now awaiting
trial.
Extended arguments were made on
both sides. and Judge Kohlsaat decided
that, although a person can avail him
self of the privilege of not answering IN
eliminating questions. the defendants
must appear before Master in Chancery
Sherman tomorrow morning ana pe sworn
as witnesses. If the occasion arose where
they did not desire to answer questions
for fear of determination. they could take
advantage of their rights and refuse.
AT 10 o'clock tomorrow morning the Ia
bor leaders against whom the in1unctions
were issued will appear before Master IN
Chancery Sherman, and the examination
in support of the restraining orders which
are returnable on Wednesday, will be
commenced. This arrangement of Judge
Kohlsatt was not satisfactory to the la
Dor leaders, however, and President Dold
o; the Chicago Federation of Labor de-
| clared tonight that none of the men would
| appear to give testimony. even IL thelr
refusal resulted in their being compelled
| to go to jail.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
Employers Renew Charges.

The Employers association tonight
issued a circular addressed to the public
declaring that the charges against Presi-
dent Shea of the Teamsters' union, made
bv them last Friday, are true In every
particular In the charges 1t was declared
that President Shea had offered to settle
the strike on the following basis: The
strike to be declared off; the teamsters
10 return to work for twenty-four hours,
during which time Shea would leave
town. The employers would then have
the right to discharge all of their men.
President Shea has denied the assertions
of the employers ever since they were
made. and he still asserts that there is
no truth in them.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-09
WIN Get Square Deal.

understand, | want that a prelmi-
nary that is II have the appointment Of
anv of those men or their retention, and
they will give . square deal all around,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
WAR OFFICE WANTS
TO AVERT BATTLE
ANXIOUS TO PREVENT NEEDLESS
LOSS OF BLOOD IN FAR EAST.
MESSAGE is SENT TO LINE
WITCH.

St Petersburg, August 30.-War Minister
Rudiger spent the day with Emperor
Nicholas at Kranz-Selo, the big military
camp near Peterhof.
The war office this afternoon addressed
a letter to General Rudiger asking for
Instructions regarding the cessation of the
present preparations to ship further troops
to the front, and also regarding mobiliza-
ton, but no answer has yet been re-
ceived. There is reason to believe that
General Rudiger, after comforting with
the Emperor sent a message to General
Linevtch concerning an armistice. II is
impossible to learn just what the gem
eral said. but the war office is most de-
sirious of averting any engagement which
might result in needless loss of life.
1t was learned today that the first Off
cial telegram from M. White, announcing
the conclusion of the Portsmouth con-
ference. was received from the foreign
office at II o'clock last night 1t was
communicated to his majesty with only
the loss of time necessary to de-coding it.
Several high naval officers today ex-
pressed regret and even dissatisfaction at
the conclusion of peace
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
DISCUSS QUESTION
OF CONSOLIDATION
SKELETON AGREEMENT is RE-
PORTED TO THE CONVENTION
OF ASSOCIATED FRATERNITIEs
OF AMLRlCA.

Milwaukee, August 30.-The leading
question before the convention of the AS
ISOLATED Fraternities of America today
was that of consolidation with the Ma
tional Fraternal Congress.
The joint conference committee of the
two great fraternal organizations, which
was expected to report the result of their
, deliberations, held a long session, and
after mutual concessions agreed on
basis whereby consolidation is expected
to be brought about. 1t was agreed that
the name of the new federation shall be
the International Fraternal Congress.
The basis of representation shall be one
representative for a society having $4,000
members and less two representatives for
society of 100000 members, and an addi-
tional representative for each 100000 mem
bers, but no society shall have more than
four votes in the congress.
The committee on consolidation re-
ported skeleton agreement to the con-
vention. Some changes were shown In the
report as submitted to the convention
from that outlined in the foregoing The
basis of representation for societies of
$4,000 members or less were made two
votes; from $1,000 to 100000. three votes,
and for every additional hundred thou
sand members, one vote. Should the exec
utive committee agree upon details it is
understood that they shall so notify the
executive committees of their respective
associations, who have the power to call
the association in special session to con-
slider the report Should each association
ratify the plan of consolidation the bodies
shall meet jointly and elect officers as the
international Fraternal Congress.
OFFICERS of the association were elected
as follows:
President, George R. Mckay, Cleveland.
| Ohio.
Vice president. George A. Scott. Wav-
| erly, N. Y.
| Secretary Mr. Robin, Phila-
delphia.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
THIS MORNINGS GOSSIP
special Correspondence from summer

Special Correspondence from Summer
Piazzas.
Miss Ethel Armes is now In Washing
ton. where she is visiting her sister, Mrs
Claude. She will be absent until October.
It Is understood that Miss Armes whose
charming little book. Midsummer in
Winters Country" has just been pub
lished, is writing two other books which
are nearly completed. Their themes are
not known as yet.
Miss Arnes is receiving fine criticisms
on her recent book, which will recommend
itself to all the lovers of the White Hills
as well as TO every one appreeiative of
those descriptions of simple village life
and of section of the country localized
by Whittier
Mrs. Samuel VIII John, it Is under
stood, has been collecting some interest
ing data for publication in the Advance
Magazine. On her recent visit to Edge
field, S. c., she found much inspiration
for her magazine articles, and she will
write series of interesting reoollections
she gathered from some of the families
of Edgefeld.
Another bright and talented writer from
the south is also at work to bring out
new book this autumn. Miss Helen
Pitkin of New Orleans, the author of IAN
Angel by Brevet," has been visiting Ella
Wheeler Wilcox at her bungalow in Con-
necticut She has nearly completed a new
book
Miss Pitkins' IAN Angel by Brevet,"
is a story of French Creole life and of
/ the superstitions of the black race. 1t
presents these racial characteristics in
an unique and fascinating way and the
readers of this story will await with in
terest the appearance of Miss Pitkins
new book.
| 1t has frequently suggested itself to the
readers of Paul Pry (Mrs. Fac Smith that
some of her "reminiscences of foreign life
should be published in book FORM While
none of her sketches have been written
with any such intent and she considers
them merely random notes, they contain
sufficient material to be reissued in book
form. Her comments upon foreign life
and her criticisms of galleries would
make charming little volume After
all it seems that women who write sell
dom neglect very long at time the OPP
portunities for doing so and many of
them seem to regard recreation as only
an interlude. A. K. w.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31

try to Mrs. George Philips and Miss Mag
gle Mai Philips of Nashville. who are
the guests of Mrs. james w. Hardeman.
Miss Josephine Chairsell has returned
from Chick Springs. S. c.
Miss Elizabeth and Miss Louise Chair
sell have returned from Bellevue.
DR.. ]. E. and Mrs. Austin left yesterday
for Chattanooga and Lookount mountain
to spend a few weeks
: DIR. and Mrs. T. F. Cheek left yesterday
for an extended trip throughout the north
west and Pacific coast and will perhaps
be away several months
Mrs Anna o. Phelan and Miss Anna
Mae Phelan left yesterday for Waycross,
Ca. where they will reside.
Mr.. and Mrs. Joseph Spencer have re-
turned from their wedding trip and are
at home in Selma. Mrs. Spencer will be
pleasantly remembered as Miss Vera Nc
Knight.
Mrs. James T. Doster and children re-
turned last evening from visit to North
Carolina.
Mrs. W. D. Jelks and Miss Catherine
jerks are in Montgomery
Mr.. William Irvine is the guest of rela-
tives in Athens
Mr.. and Mrs John H. Burnett of Gads-
den are visiting in the city.
Gen. Louis v. Clark and Miss Augusta
Clark are spending some time at Yellow
stone Park
Miss Hermione Brown has returned
from Livingston.
Carrollton, Ala.
Miss Abbie searcy of Tuscaloosa is the
Richmond Place.
Mrs. P. F. Wilcox and Miss Henrietta
Wilcox have returned from visit to
North Carolina
Mrs. w. w. Malone and son Robert have
returned from North Carolina
Bishop and Mrs. Beckwith will spend
several days this week in Huntsville as
the guests of Mr.. and Mrs. Luke Mathews.
Miss Olive Brewer has returned to her
home in Mobile.
Mrs. George Philips and Miss Maggie
Nal Philips will leave tomorrow for their
home in Nashville.
Mrs. Harry Stafford will leave soon to
visit relatives in Vermont.
Mr.. William Ewing is in Nashville.
Mrs. T. B. Franklin has returned to
her home in Columbus.
Mr.. r. M williams will return today
from Atlanta
Mr.. w. E. Mathews and Miss Jessie
Mathews have returned from a visit to
Huntsville.
Miss Mary Gilliard Pickens of Green's
boro will spend a few days in the city
on her way to Virginia Beach.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
CHATTANOOGA WILL
HAVE MOTOR LINES
NEGROES WHO OBJECT TO "JlM
CROW" LAW WILL BE ABLE TO
RIDE IN AUToMOBlLES-CO
PANY FORMED.

Chattanooga, Tenn, August 30-(Spe-
cial.) -Because the negro is required to
ride in one section of the street cars on
account of the new Jim Grow" law in
this city, motor vehicles will be provided
to carry the colored passengers who do
not care to ride on the street cars since
the law went into effect.
An application for a charter was filed
here today by nine prominent colored
men, most of whom are interested in pres
emit hack lines The capital stock of the
corporation is placed at $4,000, while the
official name and style is the Transfer
Omnibus Motor Car Co." 1t was learned
that this plan had been under consider
alton for some time. The men who have
been interested in the present hack lines
have formed the opinion that race sep
aration on street cars is so obnoxious 10
the colored people that an enterprise OF
this sort would be a paying investment
One of the incorporators stated that
che company was already in comunica-
tion with a large manufacturer of motor
cars and trucks and that 1t was probable
that a contract would be signed In few
days for several motor cars for use on
the present hack lines.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
MEETING HELD BY
THE BOOSTERS CLUB
ACTIVE STEPS ARE TAKEN TO
ADVANCE INTERESTS OF NERD
IAN-QuARANTlN is DECLARED
AGAINST PENSACOLA,

Meridian, Miss, August 30.-(Special.)-
The Boosters club held an enthusiastic
meeting last night at which the roll of
officers was completed by the election of
S. C. Hunter, first vice president; c. w.
Bailey, second vice president, and Robert
+. Ormond, treasurer, after which two
important movements were inaugurated
in a resolution calling upon the municipal
authorities to lend the aid requested to
secure a Carnegie library and the appoint
ment of committee to communicate
with John d. Rockefeller with view
to securing from that source subscrip-
ton of $50 900 for the Young Mems Chris
tian Association of this city. 1t having
been favorably intimated that the oil
magnate would favorably consider an APP
plication of this character. Committees
were appoined to forward both purposes.
The Mobile and Ohio railroad. in con-
sideration of additional trackage privileges
on Twenty-seventh avenue, has agreed to
build an overhead steel bridge across that
thoroughfare to guard against the danger
to travel entailed by the additional tracks
desired.
Quarantine was this morning ordered
against Vicksburg and Pensacola, Fla,
action in the latter case being based upon
a telegram from Dr. Rhet Goode of Mo-
bile, advising DR.. Gulley, president of
the Meridian health board, of the pres
ence of yellow fever in the Florida city.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
CHINESE M EET.
Report That High Dignitaries Dis
cussed Manchuria at Pekin.

Berlin, August Sl.-The National Eel
tung declares on what it says is good au-
thorty that the Russian government has
received a communication relative to
meetings which took place recently az
Pel<in of Chinese princes and other high
dignitaries, and to their decision regard
ing Manchuria.
1t was agreed, the paper declares hrst
thate Immediately on the cessation OF nos
tilities the Chinese government should
despatch $1,000 men to garrison Man
churia; second. that the administration
of Manchuria should be re-organized d.
rectly; that the Russian and japanese
forces withdraw: that China should thann
Japan for her sympathy, and beg thai
the districts surrounding Dalny and Por'
Arthur should be returned to hor; ano
fourth, that the Chinese imperial house
should express the hope that the folms'
friendly relations existing between R'Ssis
and Japan should be resumed at the var
lest possible moment.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
SHOOTING ON TRAIN.
One Man Killed and Another Fatally
Shot in Kentucky.

Louisville, August 30.-Alfred Ray was
instantly killed and William Blaine was
fatally shot during row on northbound
train No. "a of the Louisville. Henderson
and st. Louis railroad this afternoon. The
shooting occurred as the train was near
ing Stephenson, Ky. at which place the
two victims lived. John Heubank, negro
porter on the train, is in jail at Hardins-
burg, charged with murder, and col
ored woman is held as a witness and pos
sible participant in the ARRAY. According
to the statement of the trainmen, Ray
and Blain, with a number of friends,
boarded the train at Hallsville. All had
been drinking and became involved in
trouble with the conductor over the pay
ment of fares Later, as the negro Heu-
bank entered the coach set apart for ne
groes, where the white men had estab-
lished themselves. 1t is alleged Ray. Balm
and the others violently abused him and
a negro woman passenger. The shooting
followed but the conductor of the train
was unable to state whether the porter
or the negro woman or both used re-
volvers
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
NEW YORK LEADS
BY GOOD MARGIN
SUPERIOR WORK OF NEW YORK
TEAM AT SEAGIRT OUTCLASSES
THAT OF oHIo-THE LATEST
SCORES.

Seagirt, N. j.. August S0.-New York.
twice the winner of the national team
match, at the conclusion of this, the
second days shooting lead the next high
est competitor, Ohio, by a good margin.
The superior work of the New Workers
at 200 yards rapid fire, and at 500 yards
slow fire. is responsible for the leading
position of the team. The work at 1000
yards will be completed tomorrow, and it
is hoped a start will be made on the
skirmsh runs.
Among the top-notch scores made to-
day was that of Captain Wells of New
York, who obtained 45 out of a possible
80, at 500 yards While the weather con-
ditions for shooting today were excellent,
the rain that fell at intervals greatly
reduced the attendance of visitors.
The standing of the fifteen leading
competitors in the national team match
at the conclusion of the firing this eve-
ming follows:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
FOR MISS PHILLIPS.

Mrs. James U. Hardeman entertained
informally last evening complimentary to
her guest. Miss Maggie Mai Phillips Of
Nashville The Invitation list included
only the members Of the unmarried set
A delightful buffet luncheon was served
during the evening. Miss Phillips. who
has been one of the most popular of the
midsummer visitors, looked lovely last
evening in dainty white frock with a
white gurdle
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
Musical DISPUTE Ended,

New York, August s0.-Announcement
mat the Muscal dispute between Great
Britain and France had been settled was
made today by the secretary of Chief
Justice Fuller, of the supreme court of
the United States, who has recently been
at The Hague as a member of the per-
manent International council in adjudica-
uon upon this matter. Justice Fuller ar
rived her <oday on the steamer Oceanic.
Inc disp. relates to the right of GER
tain traaz to fly the French flags in
the feA gulf upon which Musical Is
situated tails of the settlement were
not mais ublic.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
BRING GOOD PRICES.
Two Colts Bring $500 at sheepshead
Bay Race.

New York August so.-At the sale Of
yearlings at Sheepshead Bay today Fred
Burlew bought a colt by Imp. Solitaire
Incarnation II, for 5000, and Newton
Ben Vngton paid $4,000 for the son of Imp.
Sol AuaII-Break o'Day. The other best
SAY Gov
BN soav imp. Marius II-Maya II. c. E.
Durfe -.,c 300
B.aAectA Imp. Solitaire II-Georgie II.
N. ~ gton. $500.
Bel 5tfong. by Imp. Benstrome-Geor-
ola Kinney L. Celia. S6i0O.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
NOTES AND PERSONALS.

Miss Helen Hudson. Hiss Ellie Robinson
and Miss Mary Sholl returned last night
from Colorado. Miss Addie Norton, one
OF the party, stopped in Tupelo.
Mr.. W. Varley will give a theatre party
this evening at East Lake, compliment
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
NOTICE. 10 ElKS.

Members Of Birmingham lodge No. 70
Benevolent and Protective Order of Elks
are hereby notified to attend the funera
of Brother Paul Gilardoni this Thursday
afternoon. assembling at his late resi-
dence. No. SIT South Eighteenth street
at 3 O'Clock.
ELI p. SMITH. Exalted Ruler.
- =. SHROPSHIRE. JR- Secretary.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-31
Bernstein Sure of Prize.

Barmen, August 90.-The final round OF
the International Chessmasters tourna-
ment was begun here today. Bernstein,
by defeating Bardeleben, made sure of at
least the fifth prize Only two other
games were concluded, Berger drawing
with Miezes and Alpin drawing with
Burn.