davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1907-11-06

Therefore, instead of it being Presi- dent Parlker's duty to call the commit tees and preside over the meeting to- night, that duty remains as heretofore with the Mayor. All parties are now in the hands of their attorneys, and not q step is taken without legal advice.
 Under these conditions. although to- night is the regular council meeting night, there will hardly be meeting. There is very little business pressing. and under the present circumstances no action can be taken of a permanent nature anyway.
 Six weeks will have passed since the famous cyclonc session before the alder men will get together again,
The Birmingham age-herald., 1907-11-06
CASHIERS CHECKS
 BETTER THAN GOLD
MERCHANTS ADVERTISE THEY WILL GIVE $to5 ON THE DOLLAR IF APPLIED TO ACCOUNTS OR MERCHANDISE.

Better than gold. One dollar and , cents will be paid for any dollar in cashiers checks or bank certificates if applied to the payment of accounts or the purchase of merchandise. We will not pay premium on currency.
 This is the way Some prominent mer- chants are advertising. and shows the faith the people have in the financial strength or Blrmingham's banks. The cashiers checks and certificates are being accepted everywhere in the district as cash and no uneasiness Is being felt over the handling of them.
 Nothing could be more reassuring than this. and shows that there is absolutely no excuse for anyone selling cashiers checks or New York exchange for less than their face value. Much indignation Is being expressed over the fact that eer- tain persons have fooled ignorant negroes and whites into the belief that the checks were worthless and have purchased them al discount from the holders. If these persons are caught up with they will he dealt summarily with.
The Birmingham age-herald., 1907-11-06
JONES AND HUNDLEY CLASH
 STEELE OUSTED BY FORMER
Ward SHU AT fhe Helm
 WO Weeting For Tonight

It would seem that Mayor Ward is not yet busted and that he is still at the head of the municipality and chair man of the City Council. Although Judge Coleman has overruled the demurrers to the bill of John L. Parker the formality of receiving the defendants denial of the bill was not accomplished until yes terday. and the final decision will not be made before Thursday, or probably later.
 Although that decision win not be diff ferent from that already made, Mayor Ward will still be chairman of the City Council and the finance committee until such action has been reached
The Birmingham age-herald., 1907-11-06
BOTH WOMEN WILL
 LIKELY 60 FREE
MRS. ALLEN ESTABLISHES SELF DEFENSE AND IS RELEASED.
 MRS. TATE HAS PRESENTED A STRONG CASE TO CORONER.

Both of the women who figured in the tragic shooting affairs Monday night at Boyles and Avondale, will most likely go free. As it appears at present the authorities are convinced beyond a req sonable doubt that both women shot in self defense. and for this reason neither will be forced to face a trial by jury.
 The preliminary hearing by Coroner Paris of the evidence bearing on the shooting of James H. Clonts by Mrs. Edith Allen at Avondale, was held in the coroner's office yesterday morning The testimony tended to show that Mrs. Allen fired upon Clonts in self defense Coroner Paris ordered her release from the county jail yesterday afternoon.
 The hearing of the testimony in the other case may come up this morning, although it is not likely Mrs. Tate, who killed her husband at Boyles Monday night, made a full statement of facts to the coroner yesterday morning and he is of the opinion that she acted in self defense. Among other things she said that her husbands attitude toward her was not the least friendly, and when he entered the kitchen with an axe in his hand she feared to let the matter go farther and while he was at the sup per table she shot him.
 Coroner Paris stated last night that there might be a further investigation, but this is not probable. Mrs. Tate's present mood is very indifferent, and from her actions at the jail yesterday morning it was feared that she contem- plated suicide. But for this fact Coroner Paris states that he would have released her yesterday morning. Mrs. Tate will in all probability, be released today.
The Birmingham age-herald., 1907-11-06
Drastic Remedy Found
 FOY Cheek DiscOunfeys

Birmingham already has a remedy. Mayor Ward yesterday instructed Chief Wier to arrest every man caught dis counting a cashiers check and charge him with doing business without d license. The license schedule provides that Bankers or dealers in exchange" shall pay $500 license. Diseounters are con strued as coming under this caption.
 Mayor Wards calls the attention of the public that it should not calmly be fleeeed but anyone can report anybody who tries 10 discount a check. and Chief Wier will arrest him Immediately. It is not ex- pected that the practice will continue much longer.
The Birmingham age-herald., 1907-11-06

A united effort will be made by the mayors and city councils of all the towns and cities in the Birmingham district to put a stop to the practice of diseounting cashiers checks, which has been imposed upon ignorant people by selfish rascals during the past week.
 1nis means that strenuous methods will be taken and that the man caught in the act will be ierked higher than kite.
 The mayors of the suburbs held con sultation with Mayor Ward yesterday and decided to put a stop to the practice in short order. The suburbs will pass ordi- nances making the dscountng illegal.
The Birmingham age-herald., 1907-11-06
THE WEATHER.

Washington, November 5.-Forecast for Alabama and Mississippi: Fair Wednes- day cooler in extreme northern portion; Thursday, fair, cooler in southern por tion: light to fresh west winds, becoming northwest.
The Birmingham age-herald., 1907-11-06
Mrs. Lou ClaYton.

Mrs. Lou Clayton, aged 60 years, died last night about o'clock at the res idence of her sister Mrs J. T. Alley, 3O6 Cotton avenue, West End. Mrs. Clayton had been visiting her sister for a month or more and her illness assumed a serious nature only a few days ago. Her home was in Nacogdoches, Tex. The funeral services will be conducted from the res idence of Mrs Alley this afternoon at . o'clock. The interment will be made in the Elmwood cemetery.
The Birmingham age-herald., 1907-11-06
DEATHS AND FUNERALS
E. H. O'Neal.

E. II. O'Neal aged 63 years, died yester- day morning at the residence of his fam fly, 1912 North Nineteenth street, after brief illness. The deceased was member of Lodge No. 4s0, East Lake, Masons. The funeral arrangements have not been announced.
The Birmingham age-herald., 1907-11-06
Mrs. James Eaaon.

Mrs. James Eason, aged B years, died at Montevallo Monday night. The re- mains were prepared for burial by the Gaudin Undertaking company, and were sent to Cleveland, Tenn, yesterday after noon at 1 clock for interment.
The Birmingham age-herald., 1907-11-06
James H. CIonts,

The remains of James H. Clonts. who was killed at Avondale Monday night, are being held in the morgue at the under taking establishment of Lige Loy, await ing the arrival of relatives, who were eX- pected last night A telegram signed by w. F. Meek. inquring about the death, was received yesterday
The Birmingham age-herald., 1907-11-06
Mrs, Lucy Ashford,

The remains of Mrs. Lucy Ashford, who died Monday from the effects of a surgi- cal operation at local infirmary, were sent to Madison, the former home of the deceased, by the Green Undertaking con- pany yesterday morning The funeral services will be conducted at Madison this afternoon at 230 o'clock
The Birmingham age-herald., 1907-11-06
Infant HoIcomb.

The infant son of Mr. and Mrs P. l.. Holcomb died yesterday morning at the family residence on Fifty-fifth street and Fourth avenue, south, Woodlawn. The funeral services will be conducted from the late residence this afternoon at I o'clock. The interment will be made in the Noodlawn cemetery.
The Birmingham age-herald., 1907-11-06
David Wynn.

The remains of David Wynn special agent for the Louisville and Nashville railroad at Boyles, who accidentally shot himself Monday night. are being held m the morgue of Shaw & Son, awaiting the arrival of relatives.
The Birmingham age-herald., 1907-11-06
E. T. Shaw & Son, Undertakers.
< Green Undertaking Co.,,
 Wallace c. Johns, Manager.

Kelly Co.,, Engineers, 1925 26 First National Bank Build ing, offers 5 per cent premium on clearing house certificates in payment for all work done by them or in settlement for. any bills due them.
The Birmingham age-herald., 1907-11-06
John N. Hinett,

John N. Ninett 30 years of age, a native of England but for twelve years q resident of Birmingham, died at his home Monday night. The funeral services will be conducted from the residence of R. Magness, 1907 Avenue F, this afternoon at 1:30 O clock. The interment will be made in the Oak Hill cemetery.
The Birmingham age-herald., 1907-11-06

 for Them
No housewife who has used any

but will recommend them as the best articles of their kind in do- mcstic use. They are the leading havors in America and should be on the shelf of every grocery Enquire for them and do not take substitutes
The Birmingham age-herald., 1907-11-06
Samuel Tate.

The body of Samuel Tate, who was killed at Boyles Monday night, is being held in the morgue of Lige Loy. No ar- arrangements for the burial of the body were made yesterday.
The Birmingham age-herald., 1907-11-06

ried him into a certain territory. Not being at liberty to refrain from giv- ing me their advice. under the circum- stances. they did so, though, in the ab- sence of an actual case arising. such advice, of course, is merely advisory. l requested Circuit Judge Shelby to lay the natter before the circuit judges as to my jurisdiction. On the Sth of March. 1907 I received d reply from him. That Judge Pardee and Judge Mccormick expressed the opinion that the Clayton bill does not repeal pre- Vious laws conferrng jurisdiction on you as judge of the Middle and North ern districts of Alabama. They both express the opinion that you should continue to exercise authority in the Northern district in connection with tn new judge when he Is appointed, as the Clayton bill contains no words which can be construed as a repeal or the former statute conferring authority and jurisdiction on you' And added "I concur in the opinion expressed by the other judges My brother judge was advised of this shortly after his appointment.
 Other Legal Advisers Consulted.
 At the same time that l sought the advice of tho circuit judges, l also presented the question to Judge Toul-
  about twenty eminent members of the bar in different portions of the state. and asked their advice. They all. with the exception of one of the lawyers reached the conclusion that I had no option to refrain from discharging my duties in the North ern district, and that the last act made no change in that respect. l found the opinion so prevalent among the bar generally that the last statute made no change in my Jurisdiction that when l en- deaVored to induce litgants in this dis trict to raise the question, 1 was un- able to get any of them to do so. Un- der these circumstances no alternatlve is left to me but to continue the dis charge as judge of the Northern as well as of the Middle district, and to adopt the course which 1 have in deal ing with the situation which l have fried 10 avoid. 1 trust, even yet, a friendly test case will be made up and speedily settled. I will certainly do all in my power to facilitate such speedv and friendly test case. and to spare lawyers lltigants and the pub lie the uncertainty which must result when the terms of both the referees expire within few aays, and the iudges are not agreed as to who ap- potnts referees. or how the business which falls to referees shall proceed.
The Birmingham age-herald., 1907-11-06
LITTLE BOY KILLED
 BY FREIGHT CARS
WILLIE BENNlEFlELD WAS GO- ING HOME FROM SCHOOL AT PlNkNEY CITY WHEN CARS STRUCK HIM.

The death of Willie Bennlefield, ht- tie 6-year-old boy, whose home was Tn Blossburg, which occurred yesterday aft ernoon about o'clock, was pathetically tragic. The little fellow was run over at the railroad crossing at Pnkney City while going home from school.
 1t seems from accounts that the lit tie boy was crossing the tracks on his way home from school. and as he stepped in front of q cut of freight cars standing at the crossing q switch engine kicked them upon him, knocked him down and ran across the little body just above the hips Both legs were almost entirely severed from the torso.
 Every possible means was exercised to save the chld's life. A doctor was immediately summoned, and while he was attending the wounds the railroad train crew at Pinkney City got an en- zine and passenger coach, and in few minutes it was hurrying to Birmingham with the unfortunate child. The train was met by Lige Loy's ambulance and the little boy was hurriedly conveyed to the Copeland infirmary. Every at tention possible was given, but the little fellow died shortly before o'clock.
 Willie Benniefield lived with his mother at Blossburg, but went to school at Pinkney City, not far away. His father Is not living. No funeral arrangements had been made last night.
The Birmingham age-herald., 1907-11-06

who, in conjunction with the judge all ready there, could discharge the duties of judge in that district. There Is no other way in which effect can be given both acts. Harmonious field of action is given both statutes by Il construction which makes the judge appointed under that act "a judge of the Northern Dis triet, and requires the judge of the Northern and Middle Districts to con- tinue to exercise his functions in the Northern District So much for the pur- pose os the statute as gathered from the language.
The Birmingham age-herald., 1907-11-06

an appointment unless he is the sole judge in the district. If there be another judge, as is the case here-where both are of equal authority and dignity, and neither judge Is an associate judge--one judge cannot, without the consent of the other judge, properly make an appoint ment to which his colleague objects. and thus in a collateral way attack the au- thority of his colleague. The judge whose jurisdiction is thus attacked must by silence and inaction waive or aban- don his Jurisdiction in the district, or de- fend it. and it seems to me the most proper way to deal with the revoked or der is to pursue the course which has been taken.
 Pointed Out the Defect.
 When l saw the text of the act upon which the Alabama delegation finally united, just before the close of the last Congress, providing for the appointment of district judge for the Northern Dis trict l pointed out before the bill passed the Senate, both by letter and telegram to Senator Pettus of the Senate judiciary committee, and to some of the members of the House that the terms of the bill did not relieve me of duty in the North ern District, and asked to have the bill amended in that regard ] this | failed. The bill, as written, became the law, and 1 had to construe it as written, to de- termine my duty under it. The act pro vided merely for "a judge" for the North ern District, etc, with like powers with other district judges, etc., who should perform the same duties etc. The act did not use any such term as "sole judge" separate judge or even "the judge of the Northern District" or con- tain any term which, by implication, showed any design to take way the powers and duties of the judge who was then judge of the Northern District, already provided under the existing statute The mischief to be remeded by the new bill was the lack of judges for the handling of the clogged dockets in the Northern District. More important still the act does not contain any mention or repeal of the second section of an act to provide for the appointment and compen- sation of "a district judge for the South ern District of Alabama" approved Au- gust 2, 1886, whose second section de- clares that the Jurisdiction of the pres ent, district judge for the several dis tricts of Alabama. and his successors in office. shall be hereafter confined to the Northern and Middle Districts of said state" When that act was passed Judge Bruce was judge of the Southern District as we'll as of the other districts in this state Congress felt that it was neces- sary under the language of the bill as to the appointment of a judge for the Sonth- ern District, which, in that particular, is not distinguishable from the language Of the present bill. in order to make Judge Toulmln the sole judge of the Southern District to expressly provide for the withdrawal of Judge Bruce's power in that district. and confine him to the Northern and Middle Districts. Certainly, l am no less a judge of the Northern District because I reside in the Middle pixtrisk If a bill identical with this as
The Birmingham age-herald., 1907-11-06
Nothing Said in Senate.

I also considered the effect of remarks made by one or two members on the pas sage of the bill in the house, nothing hay ing been said in the senate Such remarks has been frequently decided cannot be looked to in the construction of a statute, since members who often ex press diametrically opposite views of the effect of the statute in debate, never theless, vote for statute on the theory that it's language carries out their con struction. There is no way of determining the intention of members who did not speak. except to take what the words of the act says. But even if such state ments could be resorted 10 here. the deductions from what was said in this case does not aid in the solution of the construction of the statute
The Birmingham age-herald., 1907-11-06
Could Not Be Reached By Telephone.

Judge Hundley could not be reached by telephone last night. Judge Jones said he did all his. talking on the bench but that the matter is purely legal and not personal one, and MT. Steele is also reticent.
 Judge Jones walked into the court room, court was called to order, and in a deathly quietness Judge Jones read the order revoking the appoint ment of Nenian l.. Steele as referee in bankruptcy for the south ern division of the northern district of Alabama. This order reads as follows:
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1907-03-07

cited people along the street looked up
and saw his thin, bent figure alone in
the fading sunlight, toiling resolutely
upward.
Other groups back in the square
talked among themselves, not a few in
whispers. A listener among them
might have heard ouch expressions as,
Hell be blood-atoned sure!"-
They'll make a breach upon him!"-
They'll accomplish his deceased
Hell be sent v the rim of the
basin right quick!" One indignant
Saint, with a talent for euphemism,
was heard to say, Brigham will have
his spirit disembodied!"
To the priests and Elders on the
platform Elder Wardle was saying,
1.-The trouble with him was he was
crazy with fever. Why. I'll bet my
beet set of harness his pulse amt less
than q hundred and twenty this min.
ute."
The others looked at Brigham.
He's a crazy man, sure enough"
assented the Prophet, but my opinion
Is he'll stay crazy, and it wouldn't be
just the right thing by Israel to let
him go on talking before strangers.
You see, it sounds so almighty sane!"
Back in the crowd Prudence and
Follett had fingered a little at the lat
ter's suggestion, for he had caught the
drift of the talk. When he had COM
pretended it's meaning they. set off up
the hill, full of alarm.
At the door Christina met them.
They saw she had been crying.
Where is father, Christina?"
Himself saddle his horse, and say,
I go to toe some Of those marks He
say, I see you plenty not no more, so
Eood-bye!' He kissed me-" she added.
(Which way did he go!'
"So!" She pointed toward the road
that led out of the valley to the north.
It'll go after him." said Follett.
"Ill go with you. Saddle Dandy and
Kit-and Christina will have some
thing for you to eat; you've had moth
ing since morning."
II reckon I know where We'll have
to 60" said Follett, as he went for the
Sales.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1907-03-07

face, coming in absorbed in thought,
shaking hands even with Brigham
with something of abstraction in his
manner Prudence and Follett came
late, finding seats at the back next to
a generous row of the Mrs. Seth
Wright.
When they had settled into their
seats, the Wild Ram of the Mountains
arose and invoked a blessing on those
present and upon those who had gone
behind the veil; adding a petition that
Brigham be increased in his basket
and in his store, in wives, flocks, and
herds, and in the gifts of the Holy
Spirit.
They sang another hymn, and when
that was done, the little bent man
arose and came hesitatingly forward
to the baize-covered table hat served
as a pulpit. AS President of the Stake
it was his office to welcome the visi.
tors, and this he did.
There were w%hisperings in the audi
ence when his appearance was noted.
It was the first time he had been seen
by many of them in weeks. They
whispered that he was failing.
The words of official welcome
spoken, he began his discourse; but
in a timid, shutting so unlike
his old self that still others whispered
of his evident illness. Inside he
burned with his purpose, but, with all
his resolves, the presence of Brigham
left him unnerved. He began by re-
ferring to their many adversities since
the day when they had first knelt to
entreat the mercy of God upon the
land. Then he spoke of revelations.
You must all have had revelations,
because they have come even to me.
Perhaps you were deaf to the voice,
as l have been. Perhaps you have
trusted too readily in some revelation
that came years ago, supposedly from
God-in truth, from the Devil. Per-
haps you have been deaf to later rev.
Citations meant to warn you of the
others f%alseness."
He was still uneasy, hesitating, fear
full; but he saw interest here and there
in the faces before him. Even Brig
ham, though unsee by the speaker,
was looking mildly curious.
you remember the revelation that
came to Joseph in ar early day when
there was trouble in raising money to
print the Book of Mormon,-'Some
revelations are from God, some from
man, and some from the Devil Re-
calling the many ch%astenings God has
put upon us, may we not have failed
to test all our other revelations by
this one?"
Deep within he was angry at him
self, for he was not speaking with
words Of fire as he had meant to; he
was feeling a shameful c%owardice in
the presence of the Prophet. He had
seen himself nee more the Lutte of the
Holy Ghost, strong and moving; but
now he al a poor, low-spoken, hest
tating rambler. Nervously he went
on, skirting about the edge of his
truth as long as he dared, but feeling
at last that he must plunge into it's icy
depths.
I'm short, brethren, the Book of Nor
mon %denounces and forbids our plural
marriages."
Even this astounding declaration he
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1907-03-07

Gals we're over. An hour had followed
of decent re,t and informal chat be-
tween the visitors and i-.eir hosts,
touching impartially on matters Of
general interest; on irrigation, the
gift of tongues, the seasons crop of
peaches, the pouring out of the Spirit
abroad, the best mixture of sheep-dip;
on many matters not ~unpleasing to the
predetermined Deity reigning over
them.
Then the entire populace of ANA
Ion, in it's Sunday best of valley tan"
or store-goods, f1ocked to the little
square and sat expectantly on the
benches under the green roof of the
bowery, ready to absorb the droppings
of the sanctuary.
In due time came Brigham, strolling
between Elder Wardle and Bishop
Wright, bland, affable, and benignant.
On the platform about him sat his
~Counsellors, the more distinguished Of
his suite, and the local dignitaries of
the Church.
Among these came the little bent
man with an unwonted color in his
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1907-03-07
CHAPTER xxxv.

The Rise and Fall of a Bent Little
Prophet.
Down In the village the various din.
ners OF ceremony to the visiting Off.