davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1905-01-10
GEORGIA CASE IS GIVEN REVERSly
 ~
INITIAL CARRIER CANNf ooSE HELD LIABLE FOR DA' TO FREIGHT IN AccoRDAl> WITH THE STATE LAW.

Washington, January s.-The supreme court of the United States held today as void the Georgia law making the initial carrier liable in cases of damages to freight shipments, even though 1t occurs outside the state.
 The opinion was delivered by Justice Peckham In the case of the Central or Georgia railroad vs. Murphy. The dam age alleged in this case, amounting to $434. occurred to carload of grapes, shipped from Gainesville, Ga, to Omaha, Neb the Georgia road being the road tc which they were delivered. Murphy bf ought suit under the state law. In the course of his opinion Justice Peckham said:
 "The power to regulate the relative rights and duties of all persons and cor porations within the limits Of the state cannot extend So far as to regulate inter- state commerce. The police power Of the state does not give 1t right to Vioiate any provisions of the federal constitution. Being of the opinion that the staute In question when applied to an interstate shipment is regulation of interstate commerce. we must hold the staute' so far as 1t affects such shipments, to be void on that account"
 The judgment of the Georgia supreme court was reversed and the case re- manded for further proceedings.
The Birmingham age-herald., 1905-01-10
SANITY OF YOUNG
 DUKE QUESTIONED Mrs. Duke is Superior Blu SineSS
 Woman SHE IS NOT GOOD LOOKING Her Shrewdness, However, Has En- abied Her in the Past Few Years to Make Over Million Dol
 lars in Chicago.
SHE IS NOT GOOD LOOKING

New York, January 9.-The commit ment of Brodie l.. Duke, half brother of j. B. and B. N. Duke, the tobacco cap italists, to a sanitarlum for examination as to his sanity, and the sensational de- velopments growing out of the case. was investigated today by District Attor- ney Jerome The affidavit on which the commitment was issued bears the name or Victor G. Mlch of this city. but does not give his occupation. In the affidavit Mileh recites that on certain specified days of the present month. he saw MT. Duke in a hotel and that he appeared to be in an abnormal condition and de- pcnent verify believes that said Brodie Duke is disordered in his senses and unfit to be at large.
 Assistant Attorney Lord said that he understood that the management of the Park Avenue hotel, where MT. and Mrs. Duke has been stopping, had made the first complaint which resulted in MT. Dukes removal to Bellevue hospital
 The $40 900 of securities found on Duke were still in the office of the district attorney today, MT. Lord said, and were being examined.
 Lawyer John D. Linsay announced to- day that Lawrence Duke, son of Brodie l.. Duke, had instructed him to begin an action for the annulment of Bride l.. Dukes marriage to the former Miss Webb
The Birmingham age-herald., 1905-01-10
GOODS ENTER FREE.
Secretary Taft Allows Certain Mer-
 chandise to Enter Panama Free.

Washington. January 9.-Secretary Taft has promulgated an executive order for the free entry of goods and merchandise at Ancon and Cristobol, the terminal ports of the canal zone. when such goods or merchandise are intended for the con- struction of the canal or consumption by officers and employs of the United States with the exception of the natives. All such goods are to be accompanied by a certificate issued either by a member of the isthmian canal commission, the chief engineer thereof, or the chief of the department of material and supplies. The order excludes from the benefits of the commissaries all employees and workmen who are natives of tropical countries. and therefore able to secure all necessary ar- ticles of the merchants of Panama.
 But should 1t develop that the mer- chants take advantage of this fact and charge exorbitant prices, the United States will supply the commissaries with all staple goods for the benefit of the native employees and workmen.
The Birmingham age-herald., 1905-01-10
.ISr'S REGRET THE
 7 MISUNDERSTANDING
WERE NOT NOTIFIED IN TIME THAT THE BRITISH CRUISER CONTAINED HOSPITAL SUP PLIES FOR PORT ARTHUR.

Tokio, January 9,-The navy depart ment announces that 1t regrets the mis- understanding in the case of the British cruiser Andromeda, which sailed from Wei-Hai-Wei January for Port Arthur with hospital stores and surgeons to as- sist the sick and wounded and was not permitted to make a landing.
 The department says that the conn., mander at Port Arthur refused the aid offered by the Andromeda owing to the fact that he had not received instruc- tions. The British authorities at Wei HaiWei were late in notifying Sir Claude Mcdonald, the British minister at Tokio, of the mission of the cruiser. When the minister received notification he imme- diately obtained from the proper author tiles their grateful acceptance of the cruisers cargo. Orders to receive the supplies were sent to Port Arthur, but when they reached there the Andromeda had left on her return to Wei-Hai-Wei.
 Owing to the danger of coming in con tact with the mines the department says 1t would have been impossible to allow British launch to enter Port Arthur.
The Birmingham age-herald., 1905-01-10
GRIFFITH'S PEACE DOVE IS
 LIVING A STRENUOUS LIFE

Denver, Colo, January 9.-With the ex- ception of the contest for the governor ship which will be filed by Governor Pea body on Wednesday. and the hearing of which will continue through several weeks. the political troubles of Colorado that are of particular interest to the out side world have been settled, and Ava Adams will be inaugurated as Governor tomorrow. There is no sign of trouble now, and unless a violent counter cur rent strikes in from some unexpected di- reeton. there will be no trouble in the future.
 Representative Grinith's "reace dove' which had such strenuous experiences last Saturday after he had announced her arrival, is now said, according to that gentleman, to be firmly perched on the capitol dome. She's there all right" said Mir Griffith, Out you know how 1t is in politics. Something may come up some day and some fellow may shoot the stuff ing out of her. There Is no reason why anybody should do it. and if anybody does, he Is no gentleman"
The Birmingham age-herald., 1905-01-10
Arouses Interest in Texas.

Beaumont. Tex, January 9.-Announce- ment of the committal of Brodie L.. Duke to a sanltarium in New York on account of alleged impaired mental condition, and the probable investigation by District At torney Jerome into circumstances sur rounding Dukes marriage to Miss Alice Webb several weeks ago, has aroused in- tense interest throughout this section of the south.
 Miss Webb the present Mrs. Duke, who acquired the appellation of Tobacco Queen" obtained considerable notoriety here several months ago in connection with the promotion and organization of the Texas Cuban Tobacco company of Ma cogdoches, Tex. In which she was cen
The Birmingham age-herald., 1905-01-10

The last fight was waged today in the Senate, when Luther M Goddard of Den yer and George w Bailey of Fort Col lins. who were nominated by Governor Peabody for the supreme bench, were confirmed after hard fight.
 Republican Senators Campbell and De- long. who on Saturday had voted with the democrats, came in with the regulars late in the morning, and two democratic Senators. Ballinger and Hill also came over. Both democrats voted for Bailey, making the total on his confirmation H to 13 Ballinger was against the repuo- licans when Goddard's name came up again. and the vote was then 20 to IA. The democrats claim that inasmuch as the two appointments are not effective until April, Governor Peabody had no legal right to name them, but should all low Governor Adams to select them. An effort will probably be made at some time later to induce Governor Aoams to ap- point two men in places of Goddard and Bailey. The appointments confirmed to- day will make the political complexion of the court seven republicans and two democrats
The Birmingham age-herald., 1905-01-10
GOOD TOBACCO IS
 GROWN IN PERRY Profitable Industry Recommend ed by Agricultural Dept. EXPERIMENTS SUCCESSFUL Mir. Underwood Is Advised That To. bacco Grown Last Year Has
 Fine Flavor and Is Meet
 ing With Ready Sale.
EXPERIMENTS SUCCESSFUL

Washington, January 9.-(Special)- Some three years ago. Representative Underwood of the Birmingham district secured the first soil survey that was made in Alabama. The government sent it's experts into Perry county and thor oughly tested the soils of the county.
 In making this survey the experts re- ported that they believed they had found a soil in the red clay lands of Perry county that would raise tobacco Of the same aroma and flavor of the Havana filler. At MT. Underwood's request and suggestion the Agricultural Department thereupon sent a corps of its most ex- perienced men into the county, and dur ing the season of 1903 and 1904 raised two crops of tobacco on this land as an ex- pertinent. These crops have been har- vested, tested and placed on the mar ket. and this morning MT. Underwood received letter from Professor Milton Whitney, chief of the bureau of soils, Agricultural Department, making his final report in reference to the matter. MT Whitney says in his letter:
 Whitney Writes Letter.
 "The tobacco raised by the bureau of soils during the season of 1903 on MT Greer's farm has been placed In the hands of MT. H. Vetterlein, well known broker of Philadelphia, for sale He re- ports to us that the leaf raised in Ala bama has considerable merit, and if the farmers of Perry county can grow this tobacco so that 1t can be sold at req mi fario Ia HnYht that the industry can be established upon com mercial basis. At present one sale has been made of this tobacco and this was bought by a firm engaged in the cigar manufacturing business in Dayton, o The tobacco was sold for 40 cents 3 pound. Quite a number of samples have been distributed, both by the bureau and by the above mentioned broker, and in almost every case the reports received have been favorable. There is no doubt whatever that our work during the last two years has fully proved that high grade cigar filler can be grown on the Orangeburg soils in Perry county, and we do not consider 1t necessary for the bureau to grow any more experimental crops in this locality.
 It is our intention this season to en- courage the farmers of Perry county to grow a limited crop on these soils, moi to exceed fifty acres in the county. shall assign one of our tobacco experts to supervise and assist in the growing of this crop and by this means we arc In hopes of building up a profitable in- dustry. MT. McNess will be in Marion in the latter part of this month for the purpose of seeing those who wish to en- gage in this industry, and also to advise them if they have the right kind of soil on their farm"
The Birmingham age-herald., 1905-01-10
Town Is Almost Destroyed.

San Antonio, Tex, January 9.-One- half of the town of D evine, thirty miles south of San Antonio, was destroyed by fire tonight, and the remainder of the city was being threatened when the fire drove the operator who had been sending out the news from the telephone office and caused the telephone operator to cut out his instruments, leaving the place en- tirely cut off from the outside world. Three two-story and nine one-story buildings, principally business houses were destroyed.
The Birmingham age-herald., 1905-01-10
CHARGED WITH MURDER
 OF WIFE AND CHILD
Woman And Boy Were Killed Christ mas Day And the House
 Burned.

Roanoke, Va, January 9.-A special grand jury at Radford, Va, today re- turned two indictments against James I,inkous, one charging him with the mur- der of his wife, Virginia Linkous, and the other for the murder of their adopted son, Willie Linkous.
 The woman and boy were murdered in their home on last Christmas day. and the house was burned. Linkous was ar rested, charged with the crime and was removed to Roanoke to prevent lynch ing. He will be returned to Radford to- morrow to be arraigned, and the trial will probably begin W ednesday.
The Birmingham age-herald., 1905-01-10
PRIVATE BOOKS EXAMINED.
No Indictments Vet Found in Dodge
 Morse Affair.

New York, January 9.--Although no in dictments were found today by the grand jury in the Dodge-Morse marital en- tanglement it was said that information of such a nature had been laid before that body which will, when it's report Is finally made. duplicate persons hitherto only mentioned In an indirect way, and con- meet them with the case.
 The private books of Charles W. Morse 1t was said, had been examined by the grand jury and the entries in the books have given District Attorney Jerome ad- ditional clues on which to work Besides Morse's private books. his stenogra pher and bookkeeper were also examined by the grand jury. but it Is not known to what they testified.
The Birmingham age-herald., 1905-01-10
cORRIGAN IN CHARGE.
Says There Will Be Racing at New
 Orleans in Thirty Days.

New Orleans, January 9.-The New Orleans Jockey club directors met to- night without taking any decisive ac- tion. Edward Corrigan was introduced to the directors and was formally placed in charge of affairs. Nothing was agreed upon as to a winter meeting, MT. Corrl- gan merely saying that he would do what he could to see that the club raced under conditions that would be profit able.
 After the meeting MT. Corrigan said there would be racing within thirty days The track will be ready in three days. MT. Corrigan goes to New York tomorrow in the interest of the project.
The Birmingham age-herald., 1905-01-10
Prisoners Are We'll Treated.

tral figure. This concern was formed with a capital stock of $l5000O. of which sli5,0t0 was paid in. An option of 900 acres of land surrounding Nacogdoches had been ol'- tained on which the promoters proposed to grow tobacco on A large scale. Twenty acres of this tract was put under culti- yation to demonstrate the claims of the concern, but beyond this rothing was done A short time ago the product of this experiment. together with equipment, was sold at a sheriffs sale, being bought in by the Florida Sumatra Tobacco company of Florida for s350.
 Miss Webb Is also said to have been prominent factor in the promotion and organization of a similar company in Con- neetlcut which went out of business in the same manner as the Texas-Cuban To- bacco company several months ago
The Birmingham age-herald., 1905-01-10
l. S. Noise Is Promoted.

Savannah. Janaary 9.-General Super- intendent T. s. Noise of the central or Georgia Railway company, was today promoted to the office of general man ager vacant since the death year ago of Theo D. Kline. Superintendent of Transportation J. T. Johnson was made general superintendent of transportation. The promotions were made by the board of directors, and are effective from to- day.
The Birmingham age-herald., 1905-01-10
Nine Votes For Parker.

Austin, Texas, January 9.-The presi- dential electors for Texas met here to- day and cast the electoral vote of Texas for Alton B. Parker and Henry G. Davis for President and Vice President of the United States, and selected H. E. Hen derson of Sulphur Springs as the messen- ger to take the vote to Washington.
The Birmingham age-herald., 1905-01-10
.BIG EMPHASIZES
 PASS IN REVIEW Secretary Morton and Admiral Dewey at Hampton Roads VESSELS FIRE SALUTES Dispatch Boat Dolphin Carries Party Down Along the Line of Mag
 nificent Vessels of Uncle
 Sam's Navy.
VESSELS FIRE SALUTfs

Norfolk, Va, January 9-Headed by the first-class batteship Kearsarge, flying the blue pennant of Rear Admiral A. s. States navy are tonight on their way down the coast to the winter maneuver- ing grounds after having been inspect ed, and reviewed in Hampton Roads by Secretary of the Navy Paul Morton and Admiral George Dewey.
 The fleet made up of the battleships coast and Carribean squadrons and the second flotilla of torpedo boat de- stroyers is one of the most powerful ever i gathered in Hampton Roads under the American flag.
 The battleship Kearsarge, the flagship of Rear Admiral Barker, headed the central column while the Texas, flying Rear Admiral Sands pennant. led the coast warships, behind which was the cruiser Newark, flagship of the Carri- bean squadron with Rear Admiral sigs- bees pennant at her main peak. The torpedo boat fotilla was under command of Lieutenant Commander Johnston on the Whipple
 Was Perfect Day.
 There was not cloud to cast a shadow over the Roads when the dis patch boat Dolphin carrying the Sec retary and Admiral of the navy arrived this morning and were greeted by a seventeen gun salllte from the land bat teries of Fort Monroe and the flagships of the three squadrons.
 The inspection consisted of the Dolphin steaming down the line of the ships between the battleships and the coast squadrons, and returning to take her station at the head of the columns be- tween the Kearsarge ana Texas. When she had dropped anchor Rear Admiral Barker, Sands and Sigsbee made official calls upon the Secretary of the Navy and Admiral Dewey. They were followed by the commandant of Fort Monroe. AS each of the squadron commanders left the deck of the Dolphin, a rear admiral g salute was given, and a 19-guns salute was fired when col Ramsey D. Potts, the fort commander. left.
 The visits of these officers were fol- lowed by calls from the commanding or ficers of the variot, ships after which the Dolphin weighed anchor and proceed ed toward the capes.
 kearsarge Takes the Lead. When she had gone about half mile the Kearsarge got under way and was | followed by all the other vessels in the 1 following order at eigntl of mile in- | tervals:
 | Battleships Kentucky, Illinois, Alabama, | Missouri and Iowa; coast squadron, bat | tleship Texas; monitors Florida, Nevada, l and Arkansas; Carribean squadron cruis- l CTS, Newark Tacoma, Denver and the | converted yacht Scorpion; torpedo flotilla destroyers Whipple, MacDonough' Stew | art and Worden
 1 When the eapes were reached the poi- ] phin dropped out from the head of the l column. and as each flagship passed in review a 17-gun salute was fired. The ships inspected and reviewed today represented a total tonnage of 9s'od9 ana | carried 40 officers and 5166 men.
The Birmingham age-herald., 1905-01-10
Texas Casts Her Vote.

Columbia, s. C., January 9.-The prest- dential electors met here today and cast their nine votes for Parker and Davis and elected one of their number, T. J.. Cunningham as messenger to take the vote to Washington.
The Birmingham age-herald., 1905-01-10
British Steamer Is pamaoed.

Hamburg, January 9.-As a result of having encountered extremely heavy weather on the voyage from Galveston the British steamer ~iengoil has arrived considerably damaged about deck Her rudder is broken and other injuries were sustained.
The Birmingham age-herald., 1905-01-10
EXAMINING THE VESSELS.

. Tokio, January s.-The work of {
 . removing of the mines and other < . Instructions at the entrance of the < {. harbor of Port Arthur and examin- <
 . ing the Russian war vessels Is ham, { &- pered by the storms and the cold -> ( weather. There Is every indication, <
 . 1t Is reported that some of the ships < . are salvable. <
The Birmingham age-herald., 1905-01-10

man. He had not expected the considerate treatment accorded to him. General Nogi appears to General Stoessel as an old friend rather than as the commander of an army which had forced him to sur render
The Birmingham age-herald., 1905-01-10
Russians Marching to DaIny
 Present Sad Spectacle
JAPS CARRY THEIR LUGGAGE
Bowed Heads and Scanned Faces of Of. fleers Show the Narrowing Ef- of Long Struggle at Port
 Arthur.

Headquarters of the Third Japanese Army at Port Arthur. January 6, via Yin Row and Tien Tsin, January s.-Five thousand men of the Russian garrison at Port Arthur were marched from the vil- lage of Yahutsui on the shores of Pigeon bay for fifteen miles to the railway sta- ton at Changlingtseu at 3 O clock and the other detachments followed soon af- ter. Each detachment was accompanied by six loaded transport carts The Rus sians during the night were taken on special trains of open trucks to Dalny and there they will immediately embark for Japan on transports now waiting in that port
 The long procession of the remnants of the gallant Russian garrison was pa thetic spectacle. The first arrivals at Changlingtseu were four droskies drawn by sorry looking horses. They contained the staff officers who had refused to give their parole All wore their swords, as they were allowed to do under the terms of the equalization compact A rev minutes later the first detachment arriv- ed. The regimental officers marched with tehir men, their heads bowed and their faces scanned with lines showing the re- suit of the mental and physical strain they had undergone during rhe long de- fense
 Crowded About With Curiosity.
 As the Japanese soldiers crowded about them with evident curiosity, the faces of the Russian officers were an interest," Ing study. All of them appeared to feel their humilatins position keenly and though some seemed to be resigned to their situation, others were resentful at being regarded with curiosity. The men looked to be well fed but their faces,
 like those of the officers indicated the awful physical strain they had under | gone. The officers were clean and well clothed but the men were clad in di-ty looking sheenakip coats 1'4d Appeared to be resigned and glad that the end had come
 The horses drawing the transport carts were suffering with fatigue, though the
 loads were small. They were tied to the carts and led by orderlies. In the pro- oession were many lean-loolSlng pet dogs belonging to the officers
 In many cases officers refused to wear their swords, but had them carried be- hind them by orderlies The officers saluted the European and American cor respondents with the Japanese army and appeared to Dc both well pleased and astonished at seeing the Europeans and Americans there.
 Prisoners Are We'll Treated. The prisoners were treated with the greatest respect and kindness. though they were regarded with much natural curiosity. The soldiers were given food. cigarettes and beer. and the correspond ent of the Associated Press even saw Jananesa soldiers Voluntari1V carrying the effects of the prisoners when they were overcome by fatigue. The railway has been repaired and gauge changed almost to the City of Port Arthur. into which trains will enter in few days Telephone and telegraph lines have been completed to the city and already Ja- panese engineers are surveying the de- stroyed forts of the eastern fortified ridge
The Birmingham age-herald., 1905-01-10
44+4+%&+%4%**%~<%~+.~%&%
TEeBErTs IS CONFIDENT.

e Washington. January ss-tspecial) | : Collector W. F. Tebbetts of the Mo- < . bile customs port. has returned to 1 . Washington. MT. Tebbetts expects I . his re-appointment to be sent to the !
 . Senate this week.
The Birmingham age-herald., 1905-01-10
Carrier Pigeon Located.

Newburn. January 9.-(Special)-A dead carrier pigeon was found here yesterday with band on the foot marked 02-M-1ll6
The Birmingham age-herald., 1905-01-10

They groped their way to the theatre door, Their eyes grew big as moons; The ticket man said: For you third floor," He took them both for coons.
The Birmingham age-herald., 1905-01-10

No sprinkling carts were used that night; They swept the streets while dry; The clouds of dust were an awful sight As they mounted to the sky.