davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
NO ONE BLAMED IN
KEARSARGE FIRE
SUCH is THE OPINION OF JUDGE
ADVOCATE GENERAL DlEHL-lT
WAS CAUSED BY SHORT CIRCUIT
IN ELECTRIC cUT-oUT.

Washington, May 5,--No farther steps
will be taken to fix responsibility for the
fire on the battleship Kearsarge on April
IS, which resulted in ten deaths. In an
opinion handed down today by Judge Ad-
vocate General Diehl of the navy he says
the finding of the court of inquiry that
nobody should be held responsible for the
accident seems justified by the evidence
submitted and this decision was approved
by Acting Secretary Newberry.
The opinion concludes:
ut remains for the department to take
such action as may be deemed advisable
regarding the features of equipment ana
construction mentioned in the opinion ana
a reference to the various bureaus recon-
mended."
Judge Advocate General Diehl reviews
briefly the verdict of the court that the
accident was caused by short circuit IN
the electric cut-out, and that the 1auic
lies I'm the fact that the switches ana
rheostats were improperly Installed as 10
locality and not properly covered. IL
was also held by the court that whiie the
punner's made was the direct cause OF
the accident, he should not be held re-
snonshle.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Calls on President.

Washington, May Ex-Governor Higgins
of New York upon leaving the White
House tonight after dining with the Pres
ident and Mrs. Roosevelt, declined to state
the nature of the matters concerning
which he came to talk with the Presi-
dent, but said that some of the matters
which he discussed in behalf of others re-
lated to positions. With reference to the
selection of chairman for the New York
state republican committee, the Cover
nor would only say that the President
would take no part in the selection of
. chairman, The Governor was asked il
he would be candidate for renomina-
tion. but replied that that was a bridge
he would not cross until reached
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
.GRAY'S CASES WILL
Be CALLED TODAY
Third Division Causes to be
Considered by SupremeCourt
CASES FROM BIRMINGHAM
Several Involving Fine Points Of Law
Are to Be Consldered-ltems of
Interest From the
Capital.

Montgomery, Ala, May 5.-(SpeciaD.-
Several cases Of Importance will be called
up at the call of the third division by
the supreme court next Tuesday, among
them being several of those of Henry b.
Gray against the Louisville and Nashville
Railroad, concerning his litigation to pre-
vent the sale to the road of the stock
of the South and North Railroad, of
which Mr., Gray is a minority holder of
stock. All the litigation instigated by
Mr.. Gray in this connection is involved,
save the application for quo warranto to
prevent operation of the minor enterprise
by the larger, now pending in the lower
courts. These cases were not argued at
the last call of the division because of
the incompleteness of the record from
the lower court.
Two other cases of importance in that
they have involved some fine points of
law. are those of Caldwell & Ward ct ais.
and c. E, Pierce ct ais, against c. A.
Allen. which will be submitted. The trial
of these cases in the lower court at
traeted much attention. Another case To
be submitted will be that of T. }. Rut-
ledge VS.. Il. j. Champion, suit in cham
Gerry.
The counties in the third division are
Montgomery, Autauga, Butler, Conecuh.
Escambia and Lowndes.
Capitol Mention.
G. A. Ritch, sheriff of Bullock county,
has paid into the treasury the sum of
SIS which he failed to collect as a solicit
tors fee and for which he was checked
short by State Examiner }. 7. German
in an examination of the county books
this week Tax Collector N. II. Frazer
was behind s1.29, which he at once paid.
The books of the other officers were
found correct the examination covering
those of Henry Stinson, circuit clerk; A,
e. Singleton, probate judge; d. 5. be-
thune, superintendent of education.
The Moon Mercantile company has been
organized and Incorporated at Avondale,
with capital of $4,000, The incorporators
are J ID. Moon, j. w. Pierson and j. IL.
Finch.
s. C. Faucet has been appointed a
notary at Roanoke.
Hon. Harry c.. Gunnells, chief clerk to
the superintendent of education will re-
turn Monday from Lexington, KY, where
he attended the conference for educa-
ton in the south. Superintendent Hill
will hardly return before the middle OF
the week.
Dr. Shirley Bragg has returned from
two or three days at Wetumpka, where
he made an inspection of the state prisons
and hospitals AS head of the board OF
convict inspectors the Doctor keeps a
close personal watch on all these places
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
INFLUENCE OF THE CIGARETTE.
Cat Killed With Poison Taken From
One "Nail."

Orison SWEET Marden in Success Maya
zine.
| leave It to others to discuss the
moral side of cigarette smoking. | de-
nounce 1t simply because of its blighting'
blasting effect upon ones success In nte;
because it draws off the energy, SIPS the
vitality and force which ought to be made
to tell In ones career; because 1t biunts
the sensibilitles and deadens the think
ing faculties because IL kills the ambl-
ton and the finer instincts, and tho more
delicate aspirations and perceptionsi be-
cause 1t destroys the ability to concern
tPate the mind. which Is the secret of
all achievement.
The whole tendency OF the cigarette mic
otine poison I'm the youth is to arrest de-
yelopment. 1t is fatal to all normal func-
lions. 1t blghts and blasts both health
and morals, 1t not only ruins the fneul-
ties but IT unbalances the mind as Well
Many Of the most pitiable eases of In
sanity in our asylums are cigarette
fiends, 1t creates abnormal appetites,
strange underlined longings discomfort,
uneasness, nervousness. irritabllity and
in many an almost irresistible inclination
TO crime. In fact, the moral depraviiy
which follows the cigarette habit Is
something frightful. Lying, cheating, I'M
purity. loss of moral courage and man
hood, complete dropping of llfes stand
ards all along the lines, are It's general
results.
A chemist, not long since. took the to-
bacco used In an average cigarette ana
soaked 1t in several teaspoonfuls of water
and then injected portion of 1t under the
skin of cat The eat almost Immediately
went into commissions, and died In fifteen
minutes. Dogs have been killed with
single drop of nicotine.
Cigarette smoking Is no longer simply
a moral question. The great business world
has taken II up as deadly enemy or
advancement. of achievement. Leading
business firms all over the country have
put the cigarette on the prohibited list
In Detroit alone. sixty-nlne merchants
have agreed not to employ the cigarette
user. In Chicago Montgomery Ward and
company, Hubbard. Spencer and Bartlett
and some of the other large concerns have
prohibited cigarette smoking among all
employees under Is years OF age. Marshall
Field and company and the Morgan ana
Wright Tire company have this rule: mo
cigarettes can be smoked by our en-
ployes." One of the questions on the APP
plication blanks at Wanamaker's reads;
"Do you use tobacco or clgarettesY'
The superintendent OF the Lindeil Street
railway of st. Louis, says: Under no
circumstances wiz | hire a man VINO
smokes cigarettes. lie Is AZ dangerous on
the front of motor as man VINO
drinks In fact, he is more dangerous; MS
nerves are apt to give way at any mo-
ment IL | find car running badly, mn
mediately begin to Investigate to ma II
the man smokes cigarettes. Nine times
out of ten he does. and then he goes
| for good"
Il, II. Hartman the head of the Union
| Pacific Railroad system says that they
| .'mght as we'll so to a lunatic asylum
/ for their employees as to hire cigarette
| smokers
| the New York. New Haven and Hart
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Reyolutionists Arrested.

Moscow, May 5.-Fourteen revolutionists
supreme tribunal of the "Fighting Organ
izatlon," were arrested at a meeting here
today. This is the organization whose
sentences have spread terror among of
ficials in all parts of Russia. The police
captured also records of condemnation
and list of death sentences which have
not vet been executed. In a room adjoin-
ing that where the meeting was being
held, the police discovered fragments of
the bodies of three persons who had been
killed by the accidental explosion of a
bomb.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
WILL NOT
OPPOSE THE MAJORITY

offer no objection to the Inclusion of uni
versal suffrage As a matter of fact the
parliament will be permitted to act freely
as long as it does not assail the funda-
mental laws of the Russian state. The
Emperor may, however lnterpose in
threatened impeachments by the victori-
Gus majority of governmental officials.
The exact composition of the new
Goremykln ministry has not been finally
decided upon, but the appointment of
Izvolsky, foreign minister; Stishlnsky,
minister of agriculture; Rukloff, trade and
industry, may be regarded as certain.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Injunction Is Granted.

Tampa, Fla, May 5.-The JettonDekle
Lumber company today secured from Cir
cult Court Judge Wall an Injunction re-
straining the American Federation of La
Dor, its affiliated unions, the Building
Trades Council of Tampa, and other
union labor organizations and their agents
or members, from interfering in any man
ner with the operations or employees of
its plants, or any of its numerous con-
tracts, and particularly against endeay-
oring to persuade non-union men, em2
ployed by the company, to cease work
or contractors or worlSmen from using
material furnished by the company The
injunction is sweeping, and is intended
to stop union carpenters and painters,
now on a strike, from interfering with
the company's bringing to the city and
employing non-union worlmen.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

St. Petersburg. May 5.-The Associated
Press is enabled to give tonight the policy
of the new ministry on the all-important
agraran question.
The government will not attempt to
dictate to or even direct the parliament
tary majority. Instead, 1t will propose
the formation of a parliamentary COM
mission upon which the responsibility OF
celebrating an agrarian project will fall.
This is virtually an equivalent to accept
ing the decision of the constitutional dem
ocrats. Furthermore the government will
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Case Is Submitted.

Jefferson City, Mo, May 5-The case OF
the state of Missouri against the Del
mar Jockey club of st. Louis involving
the forfeiture to the state of the grounds
of the club was submitted to the supreme
court en- banc today on briefs. The court
has already determined all points in TINS
case save that of forfeiture. The Jockey
club contends that as the club pays
license fees in support of the state ialr'
the state cannot ask forfeiture. Ihe
attorney general contends that the fees
came from boolmakers, and not from the
racing association
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
WILL HELP CHURCHES.
Methodist Institutions In San Fran.
cisco Will Receive Assistance.

Chicago. May 1.-THE board of bishops
of the Methodist Episcopal church at to-
days session Of their somi-annual meeting
took definite action toward furnishing re-
lief to Methodist institutions in Call
fornia.
Bishop John w. Hamilton of San Fran
cisco was empowered to appoint a COM
mittee of Ave TO procure aid frnm Meth
odists throughout the world. An effort
will be made to collect $50, 600.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Suit Is Dismissed.

Leayenworth, Kas., May 5.-The suit
of ex-Lieut. Sidney S. Burbank against
Conception Vasquez Burbank, Filipino
woman, for divorce in the district court
here, was dismissed today for want of
prosecution. The costs were assessed
against Burbank who Is now serving
a sentence in the federal prison at
Fort Leavenworth for embezzlement
and conduct unbecoming an officer and
a. gentleman.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
To Ship Gold Direct.

Montreal, May 5.-rhe Royal Bank of
Canada has completed arrangements for
the first importation of British gold di-
rect to Canada, and the New Canadian
Pacific railroad steamship Empress of
Britain, which sailed from Liverpool on
her maiden trip today, carried in her
specie room the first consignment
amounting to 100000 in bullion, Hereto
fore such imports have been made
through New York
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
FIRE IN COLUMBUS.
Yarn and Cordage Factory Destroyed
Amount of Loss Unknown.

Memphis May 5.--A special to the Com
mercial-Appea from Columbus, Miss,
says:
The factory building of the Yarn and
Cordage company at this place was de-
stroyed by fire tonight, The Waterman,
name not known. was burned to death.
Amount of loss or insurance cannot be
learned tonePht.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
JOLLY ARRESTED
ON CHARGE OF BIGAMY

followed by the prosecution of nearly
score of other members of the church in
this county on similar charges.
The alleged discovery that Mormons
who now almost control Big Horn county
had planned to divide the county and ere
ate a new one which they could control,
caused them TO institute proceedings.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
BANKS CONSOLIDATED.
A. M. Baldwin Will Be President OF
New Bank.

Montgomery May 5.-The boards OF d.
rectors of the First National Bank and
the Merchants and Planters Farmers Ma
tionaI Ranks of Montgomery met today
and took steps toward the consolidation
of the two institutions The eonsolida-
ton will have capital of $l,0Oo,ooo, and
surplus of s25O,0oo.
A. NJ. Baldwin will be president of the
merged institution, which will be known
as the First National Bank of Mont
gomery.
]. L. Hall, president of the Merchants
and Planters Farmers Bank, will re-
tire
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
HARVARD WINS.
First Dual Meet Between That lnstitu.
ton and Dartmouth.

{ Cambridge, Mass, May 5.-Harvard
overwhelmed Dartmouth today by a score
of lo1 points to 16 in the first dual meet
between the two Institutions. Two Har-
ward records. the hammer throw, and
the two-mile run, were broken, and Har
ward captured twelve first places, ten
seconds and eleven thirds.
NJ. II. Stone of Harvard on a heavy
track, lowered the Harvard 2-mile record
from minutes 81 Is seconds to min
utes 40 40 seconds. Kersberg of Har-
ward. with throw of 143 feet Z inches,
broke the Harvard hammer throw record
of 142 feet 1912 inches.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Gadsden Defeated.

Albertville, May 5-(Special.)-In a close
baseball game here this afternoon on the
grounds of the Agricultural school the
boys of the Seventh District Agricultural
school defeated the boys of the Gadsden
Athletic club by score of to 8. Bat
teres: For Albertville, Strickland and
Moon; Gadsden, Dunlap and Pentecost.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

Basin, wyo., May "a sensation has
been created here by the arrest yesterday
settlements in the Big Horn country,
numbering over 5000 people, on the charge
of sustaining polygamous relations with
two wives The arrest it is said will be
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
LAFAYETTE Crane Dead.

I.aporte, Ind May 5.-Lafayette Crane,
a hardware merchant for forty-three
years in Laporte, died today He was
born in New York elghty-three years ago.
During the civil war he was a member
of the sanitary committee of the army or
the Cumberland was the first superin-
tendent of the Soldiers Home at Nash
vile, Tenn.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
James Mills Dead,

Pittsburg, May 5.-James Mills, for
more than thirty years an editorial writer
OH the Pittsburg Post, and prominently
identified with the press Of this city for
half a century. died at Washington, Pa.
today of paralysis of the brain.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
The Boston Way.

From the Philadelphia Ledger.
Hcks-she's from Boston. isn't she'
Wlcks-I can't tell. She hasn't had oc-
casion yet to pronounce the word
"either."
Hcks-She's not from Boston, then. II
she were, she'd have found the occasion
long ago.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Sultan Sends sympathy.

Washington, May Through the
American minister at Constantinople
the Sultan of Turkey has conveyed to
this government an expression of his
deep sympathy with the San Fran
cisco and California sufferers from
earthquake and fire, and offers assist
ance TO the afflicted district.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

ANNIVERSARY CELEBRATION.-T The
Birmingham Maennerchor will celebrate
its tenth anniversary today in Turne-
Halle. Professor Davidson and his or
chestra will furnish the music. Admission
for those not members will be either by
ticket or invitation.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Clayton Returns.

Washington. May Especial -Repre
sentative Clayton returned from Alabama
this morning. He declines to discuss at
this time whether he will enter the sem
atorial succession race. Representative
Richardson presented to the President to-
day Circuit Judge Shelly.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Yale Wins Boat Race.

Annapolis Md. May 5--The Naval
academy-Yale boat race was won today
by the forber by length. The winners
finished strong. while Yale was greatly
distressed at the finish. limo, 1045
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Body Identified.

Paris, May 5.-The body of man who
ascended to the second landing of the
Eiffel tower yesterday and jumped off
and was killed has been identified as that
of August Braun, formerly resident OF
Cincinnati, o.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

New York, May 5.-Sir Henry Mortimer
Durand, British ambassador at WASH
ington. was, a passenger today on the
steamer Etruria which sailed for Liv-
erpool,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

FOR GAMING.-J. A. O'Dell, c. W.
Smith and George Morrimore.. who were
arrested on the Goth of April for gaming,
were tried yesterday afternoon by Judge
Feagin and fined $50 piece.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Golf Championship.

New Orleans. May 5.-Leigh Carroll of
New Orleans won the southern amateur
golf championship today. ID. ID. Saunders
of Memphis won the Audubon cup from
j. s. Raymond of Mobile,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Professor Renevler Dead.

Lueerne. Switzerland. May 5.-Prof. Eu-
gene Renevier, president of the Swiss
Geographical society. and President Sim
plon geological commission, was killed to-
day by falling down an elevator shaft.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Admiral Hughes Dead.

Washington. May 5.Rear Admiral
Aaron Kronllle Hughes tretired). died here
Yesterday aged IS years, Admiral Hughes
served throughout the civil war. His last
command was the Pacific squadron.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Was ia Years Old.

Brunswick. Ca May b.-Eiizabeth
Gates, III years of age. said TO be the
oldest person in the state. died here to-
day. She had been married three times.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

CHARGED WITH ASSAULT-W. L
Sparks was arrested last night about II
o'clock by Policemen Cole and Ham
bright on a charge of assault and bat
terry. 1t Is said that he shot at a woman
on Avenue A between Twenty-second ant
Twenty-third streets.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
sonaoarte still Improves.

Baltimore, May 5.-The condition OF
Secretary of the Navy Bonaparte, who
has been suffering from an attack Of
acute Indigestion continues to improve.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

ford, the Chicago. Rock Island, and Paci-
fic, the Lehigh Valley, the Burlington, and
many others of the leading railroad COM
panes of this country have issued orders
positively forbidding the use of cigarettes
by employees while on duty.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
CITY ITEMS

SONG sERvICE-The last song serv-
ice of the season will be held at the
Church of the Advent tonight, commence
ing at 7:45 O'clock
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
And Doubtless VIII.

From the Louisville courier-Journal.
Eat, drink and be merry today" said
the fool.
"Why so7" asked the sage.
For tomorrow the price may go up"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Stricken With Paralysis.

Lexington, KY, May 5.-George Bow
erman, noted trainer of trotting horses,
was stricken with paralysis today and is
in a serious condition.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
VIII Build Station.

London, May b.-Water Wellman has
received the consent OF Norway to the
establishment Of IA wireless telegraph sta
ton at Mammerfest, |. W. G., his polar
expedition.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Troops Called Of.

Paris, May 5.-M, Etienne announced
that the troops assembled here Tor
May | have returned to their garri'
sons.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06
Illinois Defeats Chicago.

Campaign. H.. May 5.-lllinois defeated
Chicago in a track meet here today IS to
~
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

EVANGELICAL WoRK.-Dr. d. T.
Stanley, who far several years past has
been engaged in eyangelization work In
the Christian church at Little Rock, Ark ,
has accepted call for similar work in
Birmingham. He is expected to arrive in
time to assume his duties here on next
Sunday.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

STEALS DOMESTIC.--A negro, by the
name of Ed Frierson, who worked at
the Woodward furnace, was caught last
night by Deputies r. +, Minis and j. II.
Tomerln with 200 yards of domestic, one
cake of cheese, a box of dried peaches,
hidden in his house. The goods were
stolen last Wednesday, night
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

We will substitute Con-
tinental policies for all Trad
ers' Policies hold BY our Gus
tomers. Underwriters Real
Estate q Rental Co.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

NEGRO SHOT,-Jones Whltlock, a
negro working at the Birmingham Light
and Power company's plant on Eight
zenith street and Powell avenue, was shot
between the shoulders late last night by
a negro whose name could not be ascer-
tanned. He got away. Whitloek did not
seem to be badly wounded.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

POLICE UNIFORMS.-Chie of Police
Wier received telegram yesterday from
Lilly IL Co. of Columbus, Ohio, stating
that the new uniforms for the police force
had been shipped, and should arrive by
Monday. For the summer light colored
helmets and short, instead of long coats
are worn,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-06

MAY FESTIVAL.T-he Tribe of the
Wab- Wa-Was' will glvera May festi-
val near the manse of the West End
Presbyterian church on Thursday even
ing, May 10. The public is invited to
attend, and is assured by the promoters
that 1t will go away with the "smile
that won't come off,