davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
TWO ARE SHOT.
convicts Attempt to Escape From
Camp Near Greensboro.

Raleigh, n. c., May 24.-ln attempting
To escape from the guards at the con-
Wet camp near Greensboro today, Jesse
Thompson, negro, was killed, and j. d.
Mcmillan. white. was seriously injured
He is not expected to live. Three negroes
in the escaping party got away.
Mcmillan was sentenced to the roads for
two years for forgery. He was promi-
nent in social circles of Greensboro until
his true character was ascertained. and
in a deathbed statement he admitted that
his real name was not Mcmillan, but he
refused to give the address of his peo-
pie, who live in q western state
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
GOT MONEY FROM
UNKNOWN SOURCES
More Sensational Testimony in
Court Investigation
M'KITTRICK ON THE STAND
Dry Goods Companies Receive Large
Sums Presumably on overcharge
and Damage Accounts-Un-
known Men Deliver.

Kansas City, May 24.-Members of half
a dozen large business firms admitted
here today at the trial in the federal
court of George H. Crosby, the Burling-
ton traffic manager; George L. Thomas
the New York freight broker and the
latter's clerk, L. B. Taggart, that they
had received thousands of dollars In COM
missions from unknown sources" all of
the firms had hired Thomas to attend to
the shipping of their goods from the At
lantic seaboard to their stores in st.
Louis and Kansas City, but none OF the
witnesses would say that these sums of
money had come from Thomas. w. f.
Emery, a member OF the Emery Byrd
Thayer Dry Goods Co. of Kansas City,
who admitted having received from $500
to $4,000 year, said he did not know who
sent it. but supposed it came from
Thomas" Notwithstanding the large sums
thus paid in commission, none of the firms
had kept any record OF the amounts ac-
cordng to the witness. All payments were
made in New York.
Several officials of the Burlington rail-
way were examined as TO the payment of
these commissions and their testimony de-
veloped the fact that the vouchers for
the amounts had disappeared.
Government Rests.
The government rested its side of the
case in the afternoon when Judge O. M.
snencer for the defendants filed a de-
murrer in all the cases arguing that no
evidence had been produced to show a.
case of conspiracy and even if such EVIL
denoe had heen nresentes1 the court lacks
jurisdiction. The alleged crime was COM
mitted in New York and not Missouri.
He asked that the case of Crosby be
dismissed. Judge Smith Mcpherson over
ruled the motion as to Crosby and said
that an argument on the demurrer would
be had tomorrow morning to which time
the court adjourned
r. II. McKfttrick, president of the Har-
gagine Nc Kittrick Dry Goods company or
St Louis, the first witness. VINO mad testl-
fled that he had employed Thomas at a
salary of $500 a year to look after the
interests of his firm In the matter or rail-
way rates and routing from the east,
admitted that he had received various
sums Of money from unknown sources.
In one instance Mr.. Mckittrick testified
a person whom he did not known enter
ed his CMckittrfck's) onlce IN New YORK
city one day and handed him bundle
of money containing between 800 and $500.
Mr.. McKittrick, declared he did not
know the man.
District Attorney Van Valkenburgh re-
quested w. B. Kelby, Thomas clerk to
stand up and pointing to Kelby, asked of
the witness:
rs this the man who handed the money
to you In your New York Officer"
IT do not know; do not believe I
could identify the man." replied McKit-
trick.
Thomas' Duties.
,fot<ittrclx CONTINUING bis testiuonv
saia +he+ ha bad an,rioye,, ,rhon,as 1vhiis
he was in New York on May l, 1902.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25

To Climb Mountain.

New York. May PA daring mountain
climbing exploit Is planned by Miss An
ME s. Peck, the famous woman Alpinist
of Providence. r. l.. who sailed from here
today for Colon. Alone, except for such
natives OF Peru as she selects for guides,
Miss Peck will attempt to climb Mount
Huascaran said to be the highest peak
in the Andes mountains.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
Neuro CHAPLAIN,

Washington. May 24.-Another negro.
minister of the gospel has been appointed
a chaplain in the army with the rank of
captain. He is the Rev. Washington E.
Gladen of Colorado. He will be assigned
to duty with the Twenty-fourth infantry.
a negro regiment stationed in the Phil
ippines-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25

Policies issued by s'old
line" companies on Tontine,
accumulative and deferred
distribution plan purchased
at higher prices than COM
panies pay. Bring policies,
save time. Cash paid. r. w.
Hall, National Bank Build.
ing. Phones 606.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
FINAL GAME WAS
WON BY PELICANS
MONTGOMERY DROPPED FINAL
GAME TO NEW ORLEANS BY A
SCORE OF 3 TO len ROUTE
HERE.

New Orleans, May 24.-The locals cap
tured the final game from the visitors,
playing errorless and snappy ball. Rick
ert distinguished himself in the batting
line by making two doubles. NJ Aleese and
Houtz for the visitors were most effee-
tive with the stick. New Orleans left for
Birmingham tonight and Montgomery
went home. Score:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
New York 8. Detroit 6.

New York. May 24-The game won by
New York from Detroit today was marked
by hard hitting on both sides and the To-
cal team takes third place in the pen
mani race Score: r. II. Il.
re,roit $500. 010 0O0 050- 6 Is o
Now York ....... 900 III 50+- s u 2
Batteries: Donovan, Paine and Warner
Clarkson. Hahn and Mcclure Time, 2;l0.
Umpire Connolly.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
Rate Bill Not Discussed.

Washington. May Alt was stated au-
thoritatively at the White House today
that when Senator Aldrch was in confer
ence with the President yesterday the
question of the rate bill was not referred
to in any way and that no proposition
was made with reference to the state
hood bill.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
Chicago Z. Boston 5.

Boston. May 24-Chicago forced Young
into retirement and practically won to-
days game in the first inning, and Bos-
tons twentieth straight defeat was ac-
complished easily. Score. r. IT. f..
Boston t..... 0O1 DOL 210-5 9 ,
1n1CdRO NM wv "Vu -
Batteries: Young. Winter and Peterson;
Altrock and Sullivan. Time, las Umpire.
OIoughlin.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
AMERICAN LEAGUE
STANDING.
Cleveland g. Philadelphia 7

Philadelphia. May 24-Free hitting by
Cleveland, coupled with loose fielding by
Philadelphia gave the visitors victory
today. Score: r. IL. f.
Cleveland . :. =. -. 21O OO2 004-- . Il 2
Philadelphia :. :. ......1OO POP 0O2-7 10 4
Batteries: BARNARD and Clark; Coax
ley and sehreck. Time, 200 Empires,
Hurst and Conner
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
Stevens Arrives,

New York, May 24-Chief Engineer
stevens of the Isthmian canal COM
mission arrived here today on the
steamer Advance from Colon. He will
present report to the canal commits
sion
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
OTHER GAMES.
Gadsden 2. Bessemer /.

Gadsden May 24-(Special, To-day s
game with Bessemer went eleven innings,
the locals winning out by a score of :
TO l. Bessemers only run came in the
This game finished up the series of three
games. Gadsden taking two out of three.
Score: r. IL Es
Bessemer e. .....................1
Gadsden ........-..2 4
Batteries: Bessemer, Bruce and Omara.
Gadsden, Stevenson and Knight.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
AMERICAN ASSOCIATION

At Columbus-Columbus 5; Toledo, l.
At polis-Indianapolis, 0; Louis
vile, 5.
At St Paul-St. Paul 3; Kansas City. s.
At Minneapolis-Min 3; Milwau-
kee, q
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
Oldest Editor Dies.

Columbia, Mo. May 24.-Colonel W. F.
Swftzler recognized as the oldest editor
in the United States, died here today.
aged 81 years. He established the Co
lumbia Statesman in 1871.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
AS a Whole, the Team Is In Good Con-
ditlon PhyslcalIy-Monteomery Is
Slightly Disabled-WiIheIm
viii Pitch Today.
STANDING.
Results Yesterday.

New Orleans 3. Montgomery l..
Memphis-Atlanta. rain.
Shreveport-Nashville. rain.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
Pittsburq 6. Boston 5.

Pittsburg, May 24-Pittsburg won the
game in the seventh, when four runs were
scored.
Score: r. II e.
iPttsburg -. ....... e. 900 090 40+-6 .
Boston ............. .010 800 100-5 10 ,
Bateries-Phillippe Karger and Phelps;
Pfeffer. Dorner and ONeil. Time 1850.
Umpire, tombstone.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
ST. Louis 5, Washington 8.

Washington. May 2i.-St. Louis made it
three straight today from Washington.
Score: X, II. e.
Washington -. =. loo go DO-- j
81. Louis ....,... WO h2 wv
Batteries: Wolfe and Heydon; Howell
and Spencer. Time. 80. Empires, Evans
and Sheridan.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
FOR SALE.

Two 72xl8 return tubular
boilers in good secondhand
condition, rates hor- power
l25 each. Apply vailway,
Light and Power >0mpany,
2lO4 First Ave.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
SOUTH ATLANTIC LEAGUE

At Acknowledgements, 2; Columbia, 6.
At INSTRUMENTATION. 2; Macon. I.
At ACCOMPLISHMENTS no
game; rain.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
ON THE RACE TRACK
At Gravesend.

New York. May 24-Keator, a to
shot, easily won the Patchogue stakes at
Gravesend today. After Shotgun a sec
ond choice, had made the pace to we'll in
the stretch, Knapp brought Keator up
with rush and won by two lengths, with
Shotgun second and Sterling, long shot,
third. The race was run in the fast time
of 1:09-1-5
First race about six furlongs-Pater
122 Radtke). 3 to l. won; Oyama, 10
(SewalD to l, second: optician, loo
Baird. to /, third. Time, I'll
Second race, selling, five furlongs-Clem-
ents, 102 (Millep, 10 to 5, won; Fay, 80
(Baird), to 2, second; Ana May, 100 (Rad-
tke). 10 to 5, third. Time, 1:0l 80.
Third mile and seventy yards-Inquisi-
tor. 113 (Mller. even, won; Vino log
tSewelD, to 5, second Quorum 100 CRad-
tke), ! to /, third Time, :46 80.
Fourth race, the Patchogue stakes, sell
ing, about six furlongs-Keator, le3
Knapp, to l. won; Shotgun, Ill q. VIII
iams) to 2, second; Sterling, 80 (Hor-
ner), 30 to /, third Time 500 10.
Fifth race selling, mile and a sixteenth
-Benevolente 90 (HorneD, to 3, won;
Angler. Jos a.. Williams), to !, second;
Jack Mexican. 1902 tMilleD, TO l, third.
Time. al 80.
son, l12 (Miller), 3 to ), won; Computor
l07 (Radtke). 3 to 1, second Charles q.
Gates 1o7 Knapp, TO l. third, Time,
200 3-5.
Entries for Today.
First race, five furlongs-Mss Sage,
Steadfast, j. c. Gore, Chaseaway, Belle
of Iroquois, Carriers, Altofarola, Veron-
ique, Msgivlngs, Economy, Meddling
Belle Golden West, Kentucky Bean, Anna
Loretta, Daily, Killie Cranide, Mira, Miss
Officious. 109
Second race, mile and quarter-Red
Friar, 10S; Bragg. Louise H., 10l; Palette,
Yorkshire Lad, Aurumaster, 104; Caronal,
Soma Belle 102; Glen Eco, 1907 o. l.. M,
Sahara, 80; Pleasant Days, SO.
Third race handicap, about six fur
longs-I.ady Amelia, $40; Kamesha, 10;
Edna jackson, Roman Gold, no; Belle
strome 107; Flip Flap, i0o; Belle of Pc
quest, Cressina, 81; Consistent, Avlston,
Merit, 95; Aretta, st. Ursula, 90; Diamond
Flush, %; Listless, 81
Fourth race Parkway handicap, mile
and sixteenth-Proper lis; Rams Horn.
Blandy. 113; Merry Lark III; Won Tromp,
1906; oxford, 1885, Adbell, 104; Cedarstrome,
92 Goldsmith 30.
Fifth race, five furlongs, selIing-Frank
Lord, 105: Gray Day, 1922 Yankee Belle,
80: Merrill, Kilter, Joe Fallert, Doc Kyle,
Solly M, Master Iester' fNoNai Duh o.
Donna Elvira 96 Jaunty, Cavi Capurano,
"a. Gladys, &c.
Sixth race. about six furlongs-Retort
Giovanni Batero. Knight of Weston
Left Volo, Speakers, 112; Billings, Ben
Bat Gloversville, Bunderan, Perry Nc
Ado, Waldo, Eccentreal, st. Margrave,
Chrysolite 1903 Tamora, 107.
Seventh race about six furlongs-
Chados, Brookdale, Lichness, 112 Renalt
Conquest 1903: Hampton Lady Brigantine,
Moonshine, Lady Georgia, Nemesis, Suf-
frage. Tipping Ocean Spray, Goldie,
Mary Hickey, 101
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
COTTON STATES LEAGUE
Mobile. 9; Gulfport, 0.
Baton Rouge, / Jackson. 0.
COLLEGE GAMES

At acknowledgements Tech, II; Cumber-
land, 0.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25

% = -''+' wv ~" WI
new orleans .-..,.. .OD BR 1uF-3
Summary: Two-base hits-Rckert 2, Me
Aleese. Houtz. Sacrifice hits-Cargo 2
Schwartz. Double plays-BlaSe to Cargo
to Beck; Busch to Mullaney. Struck out
BY Malarky 4, by Phillips 3. Bases on
balls-Off Malarky /, off Phillips 0. Hit
by ball-Malarky / Ohillips). Left on
bases-New Orleans 3. Montgomery 3.
First base ON errors-New Orleans ..
Montgomery 2. Time of game-1:24. I'm
pire-Buckley.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
ST. Louis II, Philadelphia I,
New York 6, Chicago 5.

Chicago, May 24.-New York ousted the
locals from first place in the National
League today. The visitors were outbat-
ted, but had all the luck.
Score: r. II. +.
Chicago ..........-...Oo2 oo Wo-o il z
New York m 49, $50 900 010-6 =
Observation-Disclosures and Moran Mat
thewson Wiltse and Bresnahan. Time.
1885 Umpires. KLEIN and O'Day.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-25
Games Today.

New Orleans at Birmingham.
Little Rock at Montgomery.
Memphis at Nashville.
Shreveport at Atlanta.
Imperial Valley press and the Imperial press., 1906-06-09

any question or uncertainty regarding their ability to show this then the ar- tcles of incorporation of Water com pany No. should be amended so as to give that corporation the right to se- cure supply of water from any source that Is available and their bylaws should be amended to comply with the provlso contained in section 324 of the civil code of- this State. This will make the water right of any land own CT in the district absolute when he has stock in the company Issued and made appurtenant to his land and has made beneficial use of the water In lrrigating and reclalming said land We believe this is the best method with which to meet the situation and the one that will involve less trouble and hardship. All that would be required would be stockholders meeting called for tIe purpose. At this meeting both the ar- tlcles of incorporation and bylaws can be amended to meet the proper require ments. There Is no objection to this course advanced by the California De- velopment company so far as we can learn and we are informed that Mir. Gleason took the matter up with Mir. Cory and that Mir Cory stated that the matter was in the hands of the stockholders of the water companies and they could do as they pleased re- gardlng the matter and that if they wanted to make the water rights ap- purtenant to the lands they had his consent. In taking this stand MT. Cory has shown his wisdom for accord Ing to the attitude of the secretary of the interior as expressed in his report to congress above quoted the right Of the California Development company to divert water from the river is de- pendent upon the water thus diverted being made appurtenant to the lands on which it is used for irrigation. It Is therefore clear that 1t is to the ad- vantage of every interest represented in this Valley to make the water rights appurtenant to the land at once and Tn the most direct and unquestlonable manner. Prompt action along these lines will forestall the raising of any questions regarding the rights of water users under the laws of California. Should this not be done however 1t is inevitable that parties will endeavor to meet the requirements of the com missioner of the general land office in that way and endeavor to show that they have clear right to the use of water sufficient to successfully and PERMANENTLY lrrigate their lands under the laws of California rather than to pay the mortgage on their stock in the water company when the same Is not due and the contract under which the stock was sold has not been fulfilled.
Imperial Valley press and the Imperial press., 1906-06-09

200 acres fine land, E mile from rail- road station, all in cultivation, good house, fenced, so acres alfalfa, price right and terms easy. Bert R. Chaplin, Imperial, Cal.
Imperial Valley press and the Imperial press., 1906-06-09
OUR WATER RIGHTS

deliver four acre feet of water per annum for each share of stock held in each of the mutual water companies. Also to the map filed in the case of Benjamin Jones, D. l.. E. No. 1949, final certificate No. 157 issued January 18th, 1904, all of which hdocumentsa are specifically referred to and made part hereof.
 The above reference statement is worthy of very careful reading for 1t contains all the showing the entrymen on Desert Lands In Water company No. have made In regard to their water rights. It is worthy of notice that there is no claim of OWNER SHIP of the water made by the Call fornia Development company or Mexl- can company In this statement. All that Is claimed is their right to "han- dle and convey" water for irrigating purposes. This recognizes their stand Ing as common carriers or rather as a common carrier. That part of the statement Is all right and has never been questioned by the government or anyone else. The next clause however touches point that Is not so satlsfac- tory. It refers to the articles of in- corporation of Imperial Water com- pany No. and the contracts existing between 1t and the California Develop ment company and Sociedad de Yrri- gacion, whereby as the statement reads, "Imperial Water company ACQUIRES THE RIGHT to receive perpetually four acre feet of water per annum for each acre of land supplied with water stock" and also the bylaws of Imperial Water company No. l which shows \ the RIGHT of the stockholder of Im- perial Water company No. to 'partic- lpate in the benefits accrulng to the corporation by reason of its various contracts. The statement further concludes with the words "and indivld- ual right to receive water to the extent of four acre feel per annum for each acre of land embraced In his said en- try by virtue of being a stockholder in said mutual water company" There s nothing in the bylaws of Imperial Water company No, to show how much water the stockholder is to re- Felve and until January 9th, 1906, here was nothing to show that he was 10 receive any water nor Is there any eference to the stockholders having ny right to the use ot water.
 We remember how pleasantly sur rised the California Development ompany's attorneys were when the roofs filed in the Drais case were ac- epted and patent issued. But we. ave been told number of times since lat the officials in the General Land
 flee were not satisfied regarding the ater rights shown by the entrymen on esegi lands in this Valley So the
 purse of the commissioner of the Gen.
 al Land office in this matter was
 rtainly taken after full consideration
 d the successive steps in this con-
 iteration were certainly known to the
 allfornla Development company's at
 Fneys.
 On page 43 of the circular issued by
 General Land office giving lnstruc-
 ms as to methods of acquiring title
 public land and speaking particularly
 desert land and the desert land act
 tton 10 reads as follows: "Persons
 king desert land entries must acquire
 lear right to the use of sufficient
 ter for the purpose of irrigating the
 ! \
Imperial Valley press and the Imperial press., 1906-06-09

ID these proofs IS that the water Tignt Is not appurtenant to the land but h. heres ln the stock of the corporation and never leaves It. This being the case the stock of Imperial Water com pany No. according to the showing made Is personal property and can be mortgaged or assigned and also can be taken off one tract of land and "lo- cated" on another or It may be held as floating stock and not be attached to anything. This being the case the commissioner Is certainly generous in not raising the question of the perman- ency of the water right showing even when the stock is fully paid for. In view of the plain requirements of the law that the entryman must have a clear right to sufficient water to lrrl- gate the land and keep It FIREMAN ENTLY irrigated; 1t Is remarkable that the commissioner has been willing to assume that if the entryman had his stock in the company paid fer he would keep 1t clear and has not re- qulred claimants to show that their water rights were acquired in accord ance with the laws of this State and are appurtenant to their lands. That It is the alm of the land office officials to require appurtant water rights Is quite evident. It is also evident that this question of water rights as applied to the lands In this Valley Is no new question with the land office. Touch ing this matter the secretary of the ln- terior in his report to congress on the use of the waters of the Lower Colo rado river for irrigation says. "The wat CTS already put to beneficial use should be devoted to the lands which have been reclaimed and made APPURT- ENANT to them" "The further ap- propraton of water from the Colorado river in Nevada, Arizona and Califor- nia should be allowed only with the ap- proval of the secretary of the interio! and all appropriations of water HERE TOFORE or hereafter allowed for ir
 rigation purposes should be appurten- ant to specific tracts of land and bene- ficial use should be the basis, the measure and the limit of the right. " While neither the general land office nor the government itself can dictate what kind of a company or by what methods lands in private ownership shall be irrigated 1t is heir duty in the administration of the law to require that claimants to desert lands show that their land has an appurtenant wat CT right before they issue title to such lands. Another matter that was dis cussed by the secretary of the interior in the report cited above is regarding the validity of water appropriations un- der the local laws on the Lower Colo rado river where 1t is navigable. The ruling is made that such appropriations are not valid. Then the recommend ations above quoted follow
 From this 1t will be seen that the secretary of the interior held in that report which was dated January 9th,
 1905. and published In the PRESS of
 January 29th. 1905, that although the water appropriations as set forth in the notices filed were not valid or binding yet the right of the users ot the water diverted would be recognized If the water was made APPURTENANT to the lands on which It had been put to beneficial use. Also that the sppro-
Imperial Valley press and the Imperial press., 1906-06-09
FOR SALE

One Keystone Feed Cutter. One Feed Grinder for grinding feed for hogs or chickens. One Jenkins Buck Rake. All in first-class condition, good as new and but very little used
 Apply to c. w. FERNALD,
 The Second Hand Man, Imperial.
Imperial Valley press and the Imperial press., 1906-06-09

have 32Oacres of the choicest land in the Imperial Valley nicely located land well improved, all fenced and cross fenced. Price right and will give good terms. See Wilson about it.
Imperial Valley press and the Imperial press., 1906-06-09

Teller, Singer agent, POstOfice build ing, Imperiah
Imperial Valley press and the Imperial press., 1906-06-09
Acreage Tracts

In subdivision town ot Fl Centre for sale by Fuller and Aten, Fl Centro, Cal.
Imperial Valley press and the Imperial press., 1906-06-09
100 Acre Ranch

loo Acre Ranch 8 l-2 miles of Fl Centro, soft soil, good alfalfa. grape or oantaloupe land. so acres of this land is in high state of cultivation. This is bargain at $l280. You had better see it at once,
 FULLER & AFRE,
 The Land Men,
 ElCentrO, Calf.