davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1906-10-14
JUDGE FEAGIN'S DECISION
 WAS JUST, SAYS SMITH
CONTINUED FROM PAGE 5)

- thereafter. cotton advanced one-fourth of c. cent per pound, and at Smiths request, defendant sold said cotton on exchange Tn New Orleans and paid the profits to smith, reservng SIS for commissions.
 Fourth, the defendants operated and nantained an office in the city of Bir mingham where he posts and publishes the iuctuating prices of cotton. grain pro visions, stocks and other commodities.
 Fifth, that the state. county and city Incense had been paid.
 The court in this case has clear, un- questioned state of facts, with no con fiict whatever.
 The first question to be considered is Has the city the right and power to pass the several sections of the ordinance in question?
 Section 20 of the city charter says, The board and aldermen shall have full power and authority. u) To make, adopt and declare motions, bylaws, resolutions ordl- nahces and orders In whatever manner and upon whatever subject they see fl , to carry out the powers ehreing granted for the good government and order of the city and 10 affx penalties for the viola ton of ordinances. o6) To restrain or pro hbit gaming gambling houses, etc. (23) To punish all cffenses against the peace, good order, morals, health and sanita. tlon of the city.
 It Is claimed in this case that the busl- ness carried on by the defendants Is a subterfuge or cloak for gambling In fu- lures where parties buy and sell cotton end other commodities and settle on the difference between the contract price and the selling price.
 Defendants contend that the city un- der its charter has no authority to re strain or prohibit a legal business or a transaction which on It's face appears legal; that tine courts of this state and other states and the supreme court of the United States hold that the sale of cotton. grain, stocks, bonds and other commodities can be made for future de- livery and that such contracts are priina tacie or presunptively, valid; that the city has no power under It's charter to declare legal business Illegal, nor has 1t the authority to change the rule of evi- dence existing in this state and guaran- teed to every defendant under the com mon law and shift the burden of proof upon the defendant "
 Do the facts agreed upon constitute gambling under the law
 Judge Feagin cites a number of au- thorfties dealing with gambling and the constituent elements thereof Continuing h. says
 The contract submitted in the agreed state of facts is valid under the decisions of the supreme court of Alabama and other authorities cited.
 "The city is vested with no authority In its charter to change the rule of evil dence as exsting under the laws of the state and therefore sections and of said ordinance are invalid.
 Tt follows from the authorities cited un- der the agreed state of facts as submit ted to the court that the defendants are not guilty. This decision does not pass up-
 A.. A. of Birmingham can revoke n state license granted to said brokers. nor does 1t de- eide on any sections of said ordinance except sections 5, 6, and S..
 IN. B. FEAGIN.
 Police Judge"
The Birmingham age-herald., 1906-10-14
 THE GAMBLING EXPOSURE

To the Democrats of Jefferson County:
 Numerous calls having been made on me to furnish evidence of gambling on the part of the members of that committee. or those interested in the contest who lately made Judge Stiles its nominee for sheriff in this county, I beg to say that l shall make my first publication on this subject in the evening papers on Tues day next if the papers will publish same. And from day to day I shall give all in- formation with respect to these matters Of gambling that may have If the aft ernoon and morning papers refuse to pub fish same the exposure will certainly ap-
 pear in the special edition of the Birming
The Birmingham age-herald., 1906-10-14
Line From statesboro to Atlanta.

Atlanta, October 13.-A charter wac granted the Savannah, Statesboro and Western Railroad company today to construct line 21O miles long, from Statesboro to Atlanta. The authorized capital is S1000.000 in commonstock. with the privilege of issuing $5O,O00 of preferred stock. This will give Q new line to Savannah, connecting at States boro with the Savannah and States boro road.
The Birmingham age-herald., 1906-10-14
DISTRIBUTION OF TROOPS.
Major Walter Report on How Men Are -A Stationed Near Cuba.

Washington, October 13.-The ma. rine corps today received the follow ing dispatch from Major Walter, com manding the marine corps in Cuba:
 Guards of the Louisiana, Virginia and New Jersey. totalling 179 officers and men, returned to their ships. The present distribution: Camp Columbia 40 officers, 996 enlisted men; Cienfue- EOS, 5 officers, TIT men; Hermiguere l officer. 107 men; Santo Domingo, 1 officer, 25 men; Esperanza, l officer 25 men; Palmira, 1 officer, 25 men; Cruces, 1 officer, 50 men; Sagua La
The Birmingham age-herald., 1906-10-14

Grande, 1 officer, 50 men: Santa Clara, 1 officers, S8 men, Seladage, 1 officer. 30 men; Constantcia, officers, 50 men; Arcta, officer, 25 men; Mancia Sagua, 1 officer, 20 men; Camaguay, 3 officers, 19 men; Gueregia, 4 men, Guines, ? officers, 101 men; Pinar del Rio, officers, 107 men; Nuevita, officer, "A men; Guantanamo, 1 officer, 47 men.
The Birmingham age-herald., 1906-10-14
More Fever In Havana

Washington, October 13.-The ma rine hospital service has been advised of the appearance of three new cases of yellow fever at Havana and of a case at Cienfuegos and another at Guines.
The Birmingham age-herald., 1906-10-14
Sweet Sleep.

Never fails to come on Perfect mat tress. You may roll and toss in vain ef- fort to get to sleep on other mattresses. On the Perfection sleep overtakes you unaWares
The Birmingham age-herald., 1906-10-14
ham Bee, which appears next Wednesday
 JUSTICE


 JUSTICE.
 l want the public to know that in these exposures no mans name will be pub lished until he has first had a chance to disprove to me personally, and in the presence of witnesses, that he is not guilty. I shall have no hesltancy in plac- ing before each committeeman or inter ested party, the same evidence which l shall submit to the public. l am going to treat these men as l Would like to be treated under like circumstances, and they shall have every opportunity to show their Innocence before publication. Yours truls,
 HINDS PEEVEY, Chairman
The Birmingham age-herald., 1906-10-14

Attractive sds. arc illustrated. Let she 0awk mako your siIustratIona Ane-Heraid Building.
The Birmingham age-herald., 1906-10-14

Percy and Benners, and Allen and Fort were the attorneys for the defendants in this case the city was represented by City Attorney Ed Smith
The Birmingham age-herald., 1906-10-14

court Judge Weaver imposed sentences cn various mlsdemeanants fin periods varying from 10 to go days.
The Birmingham age-herald., 1906-10-14

The chairman of the democratic cam paign committee issues the folowing
New-York tribune., 1906-10-01
NETWORK DAILY TRIBUNE MONDAY. OCTOBER l. 1906
FIERCE EAST SIDE RIOT.
hob Wrecks Streetcdr That knocEed
Dozen and Injured Child.

Turo thousand foreigners. residents of the East
Side. enraged when a two-year-old girl was
knocked down and injured by l4th street %"
on its way to the Williamsburg Bridge throue' II
Essex street yesterday afternoon brutally peaI
the motornan wrecked the car and rioted untii
the reserves of the EIdrdge street police STATION
scattered them.
Missiles were hurled from windows ana mousse
tops and passengers on cars and peoes'll lldils 10
fed panicstricken from the netghoorhoou' l.
took an hours hard work on the part OF the
police to disperse the roting Jews and ItahahS'
Car 2916 of the 14th street line. with Phlhp
Rocen of No 512 East 14th street. as motor
man, was running slowly through EsseA
street which as usual was crowded, the bel
changing vigorously. Rosie SCHEME, two years
old of No 161 Essex street was playing IN the
street with hundreds of other children when she
darted in front of the The fender struck ner
and she was knocked to one side.
Rocelli stopped his car. picked her up and
harsled her to several women who Immediately
set up an outcry. A mob of men and women at
once surrounded the motorman. Peno Saidon-
stein of No 1S5 I'd street, who, the police
say, was recently discharged by the rail-
way company as conductor. mounted stoop
and harangued the mob in Yiddish. The crowd
then began an attack. The motorman broke
bombarded with stones. decayed fruit and other
missiles Several passengers were hurt and
some had their clothes ruined. The passengers
escaped. and in a minute every window was
broken Another car behind the one attacked
was also battered. It's crew ran to the assist
ance of the first Charles Sanger, of No. 10S
Essex street, one of the mob was hit on the
head with controller.
Captain Murtha arrested Saidonstein on a
charge of melting a riot and Charles Sanger on
a charge of malicious mischief, 1t being alleged
that he was one Of the first TO throw missiles
through the car windows. Hugh Frol, the
motorman of the second car, was also locked up
on a charge of assault made by Sanger
The girl over whose accident the riot started
was attended by DR. Warren, of the Gouverneur
Hospital who said that she suffering from
u dislocated hip. She was attended and then
taken to her home.
New-York tribune., 1906-10-01
DEFY THE VATICAN.
Sarrien and Clemenceau Sag France
Viii Enforce Church LG1cs.

Paris, Sept 30.-Premier Sarrien and NJ.
Clemenceau, Minister Of the Interior, each de-
iivered notable speech to-day in which it
set forth that the government was firmly
determined TO carry out the law providing for
the separation of Church and State
N. Clemenceau declared that the entire trouble
arose from a misunderstanding He said that
the sole desire of the government was for abso-
lutte liberty Of conscience and that this neces-
sarily implied the separation of Church and
State. The task of the government was to bring
about a new spirit of tolerance. The uncom-
promising attitude Of the Vatican regarding
France. where the Church had been stirring un
spirit Of rebellion and civil war ever since the
formality Of the inventories compared In an
astonishing way with the Churchs docile sub
mission 10 the rigorous methods put into force
by Germany. Under the pretext OF religion the
speaker continued the Church was attacking re-
publican institutions. A foreign council had re-
5ected the Separation law without trial and in
spite Of the opinion OF n majority Of the French
clergy. but France alone had the right TO make
French laws and she would not tolerate outside
Interference with them The government the
Minister of the Interior declared, would refuse TO
negotiate these matters with foreigners
Premier Sarrien said he thought the Separa-
tion law was liberal enough TO satisfy the most
eXacting minds, and the government had re-
solved not to finch tn it's application. The
Premier declared the government did not desire
religious prosecutions but that IL would not sub
NIT 10 the iTnperious summons of the Church to
make changes in French legislation
New-York tribune., 1906-10-01
ROGERS OPENS BARREL ?
Rumors of Millions to Back Colgate
Committee.

H. H. Rogers and some Of his associates on the
Mutual Lfe's board of trustees, according to re-
port last night have contributed 100000 to assist
the Colgate committee in its campaign for the cleo
tion of the administration ticket. prominent
committeeman according to the same report is
to receive $4,000 his services from to-day until
December 1S
Bscoe Hindman. the companys Kentucky man
it is understood. will refuse electoneer for the
administration ticket, and probably to receive no
tlce of dismissal, either to-day tomorrow. Mr..
Hindnlan is a candidate the third ticket.
MIR. Hindman went 10 Monmouth Beach yester-
day, where 1t is said he conferred with Thomas
II. Bowles, who organized the Mutual Life Policy
holders Association, now fused with th9 lnterna-
tional committee. and who has denied any share
in the organization of the third ticket
that his brother, Thomas c., the company man.
ager for Central and Eastern Tennessee, also Will
leave the companys service.
The HindmanS have been with the company for
nearly two decades, BisCOe, it is said being part
ly responsible for George T. DeXterS appointment
as superintendent OF agencies, recommending Mr..
Dexter S appointment to eX-PreSldent McCurdy.
Manager Hopkins, of Boston, and Manager Che-
ney, OF New Hampshire, have apparently not yet
declared themselves definitely for or against the
administration.
The united committees subcommittee of
twelve, composed of four candidates and four COM
mttteemen from each of two organizations. Will
hold their first meeting tomorrow. 1t is under
s3ood that eX-Judge Parker, General benjamin r
the four international committeeman represented.
The Mutual LifeS agency committee also Will
meet tomorrow, when the announcement OF fur
ther dsmiSSals of managers is looked for. Samuel
is not expected home from Europe until October 25
or possibly November l.
New-York tribune., 1906-10-01
TUBE BLAST KILLS MAN
Three Injured by Explosion in
Brooklyn Tunnel.

An explosion at the Brooklyn end of the north
tube of the tunnel from the Battery to Brooklyn
at $40 O'Clock last night killed one man, John
Mclaughlin, OF No. 65 Columbia Place, Brook
lyn, and injured three others Among the in
jured are Clarence Riggs, OF No 24O East 236th
street. The Bronx, contusions, and William
Dougherty. of No 3S5 Warren street. Brooklyn
contuslons. They were taken to the Long Island
College Hospital.
Frank Ellegood, of No. Al Garden street.
Brooklyn broke his jaw. 1t was set by am
bulance surgeon and the boy sent home.
David Harrington, of No. 255 Erie street, Jer
sey City the night superintendent, who was
arrested. charged with criminal negligence, re-
fused to allow any in the tunnel except the
Rev. Father Madden, of st. Charles Borromeo
Church in Sidney Place the scene of the
accident. He went in to administer the last
rites of the Church.
II is presumed that charge of a blast
remained UneXploded and that it was discharged
by a pick
New-York tribune., 1906-10-01
NOT THE WORD OF GOD
Bishop WiUiams, of Michigan, Says
Bible Is Used Wr0ngIy.

Detroit, Sept. 3O-Bishop Charles D. Williams,
Of the Episcopal diocese of Michigan, IN ad-
dress to Y. NJ. c. A. members here to-day on
The Bible and the Word of God" declared that
the Bible is not the word of God and that the
teachings to the contrary are the most prolific
source OF unbelief the Church has TO contend
with
The Bishop said in part:
The Bible needs no defence; all it needs is a
square deal. There are those who read it de-
vouty, diligently. But l never say the Bible is
the word Of God: l say the Bible and the word
of God.
To those VINO accept the entire book as the
literal word of God would point out that it is
nowhere 50 stated. Christ tore asunder the Old
Testament precepts, the Law of Moses, and fur
nished ones. Where the Old Testament
directed men to hate their enemis, the teachings
of Christ to love your enemies.
We must learn from the Scriptures itself how
10 read the Scriptures. Some of us use it a
heather does his fetish amulet-a wicked use
Of the book.
New-York tribune., 1906-10-01
"IF CHRIST CAME TO NEW YORK"
DR.. C. E. Locke Speaks of Glaring Evils in
Large Cities.

The Rev. Dr. Charles E. Locke. speaking at the
Hanson Place Methodist Church. Brooklyn, yester-
day, the subject, IF Christ Should Come to
Greater New York. said in part:
We are rapidly coming to be a nation of cities
The great problems and possibilities Of nation,
therefore, a large extent connected with the
cities. Instead Of living in the quiet retreats OF
Bethany of Nazareth, Jesus Christ preferred to
dwell in Capernaum, the largest city in Northern
Syria. From the beginning of his ministry Christ
grappled with the serious problems of the crowded
centres truth there is such fruitful field for
the Gospel of Jesus as IN the crowded thorough
fares and throbbing centres of city life. There are
the people. with their conflicts, their grefs, their
successes, their temptations, their joys; and
is evil in all its inquitous and insidious forms
If Christ to in person this city as
lie went to Jerusalem, He would first cleanse the
temples; He would summariy drive out all those
who desecrate the of the Lords house
Those .Eho have sought to transform the church
into a social club, literary circle, commercial
enterprise, or mutual admiration society would be
driven out.
If Christ should come TO New York how severely
would He rebuke all forms of vice, gambling and
profanity and priZefghting. impurity and drunken
ness and prOfiigaCy' If Christ come to
New York He would seek the needy-the needy
poor. and give them bread: the needy rich and
give them counsel He went into the house of
Zaccheus. the needy doubter; the needy sad hearts,
and sympathize with them, He wept the tomb
of Lazarus.
And. hear me! If Jesus came to this CITY He
would seek for the fallen and wOmen-those
upon whom society hurs its missiles of ostracism.
men and women who might be by protection
and affection back TO positions of virtue and re-
spect.
But will Christ come to greater New York? Yes.
and Christ has come! Wherever there Is a life
given to loving service for Christ there Christ has
come, and is working through that humble life to
the extent of the faith and talents that conse-
Grated heart.
New-York tribune., 1906-10-01
HIGH OFFICE NOT FOR SEEKERS.
Pith of President Hadley's Address to Stu,
dents at Yale
[By Telegraph to The Tribune. ]

New Haven, Sept 3O.-Presdent Hadley, ad-
dressing the classes in Battell Chapel, the first
Sunday Of the college year took for his text Luke
xvii. 20: The kingdom Of God cometh not with
observation" lie said In part:
During the early years OF the Civil War there
We're on the Northern side a number of generals
whose interest in the struggle chiefly profess
slonal. They had been trained to lead their coun-
try,s armies. and they intended lead them with
skill and fidelity. but in the vital issues over which
North and South were fighting they had special
concern, and their eyes the reports which
would record their deeds and the army lists in
Whlcn they would receive promotion, rather than
the deep issues of the struggle
one after another OF these drOpped ont
gave place to others whose military skill was less
but who in the fight, not merely 70 get
the credit of fighting 1t has become proverb thai
no man ever became President who had made
this the goal of his political effort Henry CIav
In the first half OF the nineteenth century and
James G. Blaine. in the last half. both made greet
names for themselves. They built up large fol-
owings Of devoted adherents They spared no
pains 70 do whatever might honorably be done 70
further their political advancement, but when tbe
time came for nomination or election the votes
went TO men Of inferior brilliancy or ability Ugbnn
stood for some purpose some principle-men VII
had not been piling up credits to their own ac-
count, but who had put what they did into tia
general account Of the country whole
New-York tribune., 1906-10-01
NAY RECOGNIZE PANAMA
Republic and Colombia Likely to
Agree, Says Dir. Barrett.
TFrom The Tribune Bureau.


Washington, Sept. 30.-Propects for a settle
ment Of the difficulties between Panama and
Colombia and the making of treaties between
those two republics and between Colombia and
the United States are excellent, according to
John Barrett American Minister to Colombia
who arrived in Washington to-day with Secrc-
tary Root from Cartagena
Mf- Barrett IS here TO assist in the negotiation
Of the treaties, and will take part in conferences
10 be held AT the State Department on the ar
rival OF Senor Cortez. the new minister from
Colombia 10 The United States, who will reach
here In few days 1t is believed that tho
establishment of friendly relations betvyaen
COLOMBIA and Panama will be one OF the ac
conpishments to which Secretary Foot,s IN
contributed largely. UP
There has been no treaty of amitv and co,,
mcrce between this country and C'oior1hto -,
The treaty Of New Granada Of l846 was dc
nounced. Should Colombia and Pana,,o -
clude a treaty tire agreement will be a formal
recognition oI Panama as an Independent re-
public on the part of Colombia Stems ba,1a -
ready been taken which lead t. tho heiiaS "a. a.
the negotiations conducted here viii be- snc
cessfuL
New-York tribune., 1906-10-01
CRoNSTADT MUTINEERS SENTENCED
Douma Member To Be Deported-Eineteen
Sailors To Be Shot.

Cronstadt Sept. 30-The sentences of the
court martial on the sailors and others charged
with taking part in the mutiny at Cronstadt
last August have been delivered. subject 10 con-
frmation. n. Ornipko, one Of the leaders Of the
peasant party in the former parliament, is con-
demned to deportation and the loss OF all his
civil rights.
Nineteen sailors are condemned to death by
shooting. u TO life serv1tude 12O to terms of
servitude ranging from four TO twenty years, and
429 other sailors TO service with the disciplinary
battalions and various terms Of civil imprison-
ment. All the condemned prisoners forfeit their
military privileges. One hundred and twenty
nine sailors were acquitted
New-York tribune., 1906-10-01
OUTGOING STEAMERS,
TUESDAY. OCTOBER .
WEDNEsDAY. OCTOBER 3.
SHIPPING NEWS.
Port of New York. Sunday, Sept. 80, 1905

90 steamer Bluoher tGer Reesing. Hamburg September
American Line with 45S cabin and 2e3 steerage pas
senGers. mails and mdse Arrived the Bar az $50
Steamer Bera Orr Morris Hamburg September
l3, In ballast, 70 Shewan Tones & ed at the
Bar at III.
Steamer Columbia tRr) Wadsworth. Glasgow and Mo-
vile september - 20 Henderson Bros. with cabin and
~
Steamer Toronto tIn0. Young Hull September 19 via
Boston 20 e Sanderson < Son with mdse Arrived at
the Bar 1890 a ~ -
Steamer Prinz Eite Friedrich tGer) Won Ieitnar
Colon September % Kingston % to the Hamburx
American Line, with A. cabin passengers. malls ana
mdse Arrived at the Gar at
Steamer NiglanCia, Knight Santiago September N ana
Nassau p. 20 James 2 Ward & Co. 81 passengers
urday - - 80
Steamer TTauCenfels Gerl. Crorau. Calcutta August
Colombo 10 Port said Algers IL and Rost
~ TO Punch. Edye Co. with mdse- Arrived at the
steamer FL Mar Burns New Orleans September "a to
tine BIAS . ~-'- -NA'
the Old Dominion Co with passengers and Tnfss
Left Quarantine at
Sandy Hook, n j. Sept 80 e:3o n u-Ut,A ,,-,h
northeast strong breeze. cloudy.
New-York tribune., 1906-10-01
PLUNGES INTO RIVER.
Engine and Cars Fall Through
Bridge-Injured Rescued.
IBy Telegraph to The Tribune.I

Memphis, Sept. 3O.-Three are dead and ten
or more were injured IN the wreck Of the
Northbound fast mail on the Louisville & Nash
Vile Railroad. which plunged through open
draw in the bridge over the Cumberland River
tonight. The dead and nearly all the injured
trainrnen.
The bridge watchman had turned the draw TO
allow a steamboat to pass, and it IS thought that
the engineer failed notice the red lights until
too late. The engine, mail, baggage and express
cars went through the draw. The passenger
coaches remained on the bridge. The steamer
H. w. Buttorff, which had just passed. picked
up several injured, who located by the
boats searchlight.
New-York tribune., 1906-10-01
SUES TO RECOVER SONS BODY.
lBy Telegraph 10 The Tribune-l

IBy Telegraph The Trbunel
Cincinnati. Sept 3O.-Athough yesterday after
noon was the time for the funeral OF Harry
Hoffman who died Thursday at the city Hospital.
his body lay in the mortuary chapel or Gunter
Brothers undertakers to-day. Late in the after
noon replevin suit was filed in local magts-
trate's court by the deceased mans father 10 re-
cover the body described lone corpse valued at
$50"
The difficulty has arisen over the question of the
funeral bill Gunter Brothers refused 20 allow the
removal OF the body and the suit followed.