davidaulloa/AmericanStories huggingface dataset:
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-01-08
ANN0YS
MCLELLANS
LAWYERS
REMARKABLE ATTACK ON
NEW ATTORNEY GENERAL
Official Charged With Violat-
ING His Oath Of Office and
Iaaugurating Reign Of Riot,
Impeachment Urged.


New York, Jan. Attorney Gen
cral Jacsson today entered quit In the
supreme court against George ~.
Mcclellan, praying ihat the latter be
austod from the office Of mayor. on
the ground that he has usurped his
office. whereas William n. Hearst was
legally elected to the same. This ac-
tion has nothing whatever 10 do WITH
the quo MatfantO proceedings which
lasi week were temporarily enJoined
upon application OF Mayor Mcclellan.
T.. !. Richards. Jra OF Mayor
McClpllan's counsel. issued a state
mFnt outlining the mayors position
regarding the jackson suit The
statement declares that the mayor IS
justified In h%esitating to submit his
to an attorney general $50
careless Of his dignity. SO reckless Of
his conduct aud 50 c~ontemptuous OF
the law"
in the orderly course ~ justice,
the statement. 1T has been deter
mined that q suit against Mayor Me-
cleiian 10 test the title 70 his office
ought not in reason and justice 70 be
brought, This decision was arrived
az by the republican attorney gem
cral
AT the invitation Of the succeeding
attorney general MI. Hearst was
AHhfh ~ ftiifA ItH AIfliiiAatffh W. MAf
action. which he has done, Then
Mayor Mcclellan asked the court
whether the new attorney general had
power "a reverse tho decision of his
predecessor on the same facts. The
court has made I'M order and issued
its writ of prohibition against the
attorney general forbiddlrg him to
determine the question as 90 his right
90 reverse his predecessors action.
The attorney general immediately
thereafter determined that he did
have power and brought the suit. AT
Ter the writ was served he immedi-
ntefy caine Ia New York and sought
the counsel Of Mr.. Hearst and Of his
attorneys. They advised Il defiance of
the courts gfeHt writ. The attorney
Su1ss.a sc.s-Ak iha diGnllN OF his of
fee and OF his own y|olition violated
his oath of office 70 maintain the law,
and lnaupufated a reign Of riot,
Mayor Mcclellan Is certainly ius-
tifod in hesitating to submit any right
Of his to Il tribunal So reckless, cut
rAgeols and ~riotous as hat of the
present attorney general.
with an incumbent 50 careless of
his dignity, 80 reckless Of his conduct.
50 contemptuuus Of the law. only "A
court Of impeachment might ade-
auatcly deal, and the sooner the bet
tVr."
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-01-08
NEGRO TROOPS DISMISSAL
DISCUSSED IN SENATE


t%continned From Page 1. COL -
him II know what was the power
~ the commander-in~chiof in tho
british army and IN the American
army under Washington and ! have
that power
aHe may he right continued Mr.,
Foraker. Tie has doubtless studied
his question. Others have doubtless
studied Il also and an. In accord with
him, Az the senator from Massachu-
satts ~, and therefore i may be en-
tireiy wrong But am simple minded
enough 10 think Il makes a great deal
~ difference whether ar not there are
facts enough - Justify the action
taken."
II think the senate would be in a
ridiculous attitude II N should adopt
u resolution that could be Interpreted
10 estDp uA when we come 70 epn-
slider this cnSe on the facts which are
10 be Developed, az to whether on
not the president acted within his
constitutional or legal authority.
Els the president % the United
States above and over the law Can
he ignore ita" he asked.
Senator Foraker said u was the
hirthriRht OF every American citizen
10 he allowed trial when charged with
crime.
These men. he adaed. we're charged
with murder and conspiracy. Be-
cause there WAS az evidence 20 sus-
tain the charge the men We're turned
ont ~ the service. He quoted the SUE
ureme court on the question of The
right 10 suspend law 10 meet an
emergency as, saying such "a doc
trine leads directly 70 anarchy"
He said the president had been
careful 90 point ont that he had not
discharged these troops as %organi2a-
iions. but as individuals. each being
discharged by name. Each individ-
uRl." he said, had a right TO "A board
Of inquiry. II WAS the duty Of his
superior officer 90 knuW OF his rights.
"a advise and to protect him IN them.
But Il was not So
Discussing the Slxtieth ohio, which
has been cited as q precedent ia tho
Brownsville action, Mr.. Foraker
maintained h q HAD been honor
ahiy discharged He read a number
of letters 40 show that the regiment
Was d-isurgauized while under parole
and held in the service after IT'S term
had expired
just as Mr Foraker WAS concluding
because ~ The Htencss ~ The hOut,
saying be should cndeavor 40 finish
his speech in brief time tomorrow.
Nh. T1llmau said he would like 10
hear from the senator Just why II was
thut The SiNtieth ohio had been
picked cut"
Mr.. President" responded Mir
Foraker, am not obliged TO tell the
senator everything } know, u 1
know the senator knows why
At. Tilman. persisting. asked
whether Sir. Foraker was not a mem
brr 81 The regiment Mr. Foraker eN-
planned thHt 81 had been enormously
stated that he was hut mat lu reality
the Ei~Ehfy-niuth ohio was the only
regiment to whieh De had ever be-
The Birmingham age-herald., 1907-10-27
EXCESSIVE RATE
 ON SALT SHIPMENTS
COMMISS SSlONER CLEMENTS OF IN- TERSTATE COMMERCE COMMIS- SION DECIDES AGAINST THE LOUISVILLE AND NASHVILLE.

Washington, October 26.-The inter- state commerce commission today, in an opinion rendered by Commissioner Clements announced it's decision irl4sdhe case of the Farmers Warehouse com pany against the Louisville and Nash vile Railroad company, in which 1t was held that the rate of 22 cents per 100 pounds applying on shipments of salt In car loads from New orleans. La, to Cullman, Ala. Is unduly excessive. unreasonable and unjust, and that rate of 20 cents per 100 pounds would be reasonable and just.
 It does not follow, as d matter of course. where the commission finds that the ends of justice require the re- duction of a rate complained of that reparation must be ordered on ship ments previously made. Complainant claims reparation on shipments made prior to filing of the complaint de- nied, but he will be allowed repara- tion on any shipments he may have made since the filing of complaint in solar as the charges thereon exceed the rate of 20 cents per 100 pounds. and the proceeding will be held open to allow complainant to present such claim and proof. W. s.
The Birmingham age-herald., 1907-10-27
Chairman of Appropriations VIII Ask for More Money
 for This Great Work
COMMITTEE WILL MAKE
 PERSONAL INVESTIGATION
Representative Tawney and Other Members of the Committee Will Visit the Canal Zone and See
 Where Money Has Gone.

Washington, October 26.-( Especially Representative James A. Tawney of Minnesota, who will succeed himself as chairman of the House cofnmittee on appropriations was in Washington to- night preparing to go 10 work upon the big supply bills of the first session of the Sixtieth Congress. The most im- portant matter now before the commit tee is the appropriation for the Panama canal and in order that the members of the committee may familiarize them- selves with canal expenditures they sail next Thursday from New York for the canal zone. There they will talk with the men who are actually doing the work and see exactly how the money is being spent. The bureaus of supply. labor and construction will be looked into as far as the committee is able. and busy ten days will he spent on the isthmus.
 The expenditures to date on the Pan- anna canal total the huge sum of sl29.- sos, 56s 5S. Of this amount GOO was made available by the last Congress. 1t was the expectancy that the S27 000.00O would last until July l. 1908, but 1t is now understood by the committee on appro- priations members that SS 000.000 addi- llonal VIII De reqnlfeu ana tills amount will probably be carried by an urgent deficiency measure which will pass the House and Senate early in January. This will be followed later in the session by the sundry civil bill which may carry as much as s35.000000 for the expenses during the fiscal year beginning next July L The original canal act authorized an eNpendt- ture of siS500O.000, hence this amount will be nearly exhausted when the appropria- tions for the next fiscal year are placed in the hands Of the commission
 Members of the committee. of course, realize that the plans for widening the canal will cause n approximately in- creased expenditure. and in fact. it is predicted that while II may not come at the next session, 1t Is only matter of time before Congress Will again have to pass upon the question of sea level canal.
 The trip of the members to the sthmus is made at the suggestion Of Secretary Taft. who believes If advisable that they personally look into the situation pf. the r members who composed the con- mittee in the last Congress l5 Nere re- elected and majority of them arc dt- pected to sail with Mr. Tawney the chairman, on the 3lst of this month.
 W. s.
The Birmingham age-herald., 1907-10-27
Colonel Crawford of Dallas Makes
 Bitter Charge
CIRCULAR IS SENT OUT
Senator 5ailey's Record Is the Subject of Colonel Crawford's Attack and He Defles the Senator To
 Discuss the Facts.

Dallas, Texas, October 26.-rhe follow ing circulars were distributed over town today:
 To the Citizens of Dallas. Texas:
 In a speech which I delivered at Wax ahatchie on September 2l. 1ao7 reviewing Joe Baileys record as senator, l said amongst other things that;
 "Baily never has, never can, and never will fairly and honestly discuss the facts in this case. No advocate and no apolo- gist of Bailey can ever do it. Fairly con sldered, his record is wholly indefensi- ble."
 Joe Bailey made a speech at Abilene on yesterday. In that speech he did not at tempt to discuss the facts in the case. He did. however, state:
 "Bin Crawford has suborned more men to perjury than any ten lawyers that ever practiced in the state of Texas
 I have never suborned any man in my life, and I denounce Joe Bailey as liar, a brlbe taking scoundrel and cow ard W. l.. CRAWFORD. Dallas. Texas, october 26, 1907 Q
 Colonel Crawford tonight said that his statement was brought out by the att tack of Senator Bailey upon him in Baileys Ablent speech and that he. Crawford, stood by everything in the cir eular.
 No Dallas paper, it is said. will print the full text of the handbll-for such it is-and for that reason it. was put out in this shape. rhe dodger is in neat type without scare heads but it is bare signed article from Colonel Crawford and does not even bear the name of the prin- ter.
 Much speculation is blng indnlged in as the probable results of the card. but no developments have taken place at the time this Is sent out. E Colonel Crawford remained in his office during the entire afternoon. the circular having been put on the streets about 2 o'clock.
The Birmingham age-herald., 1907-10-27
STARTED
 PLAN OF MEETING Governors of Three States Will
 Discuss Railroads. COMPROMISE IS AIMED AT Governors Glenn, Conner and Smith Will Confer In Atlanta and May
 Be Joined By Swanson
 of Virginia.
COMPROMISE IS AIMED AT

Washington, October 26.-A supreme ef- fort is now being made for the governors of the various southern states. the legs- latures of which have recently enacted measures reducing passenger fares on all railroads in those states, and the of- ficials of the railway lines affected by such reductions, to reach, if possible an amicable adjustment of the controversy resulting from the enactment of such leg islation
 With the object of arriving at solution of the pending problem, conference will be held in Atlanta, Ga., next Thursday in which Governors Conner of Alabama, Smith of Georgia, Glenn of North Caro- lima, and perhaps Governor Swanson of Virginia, will participate. The sugges- tion of the proposed conference was made by Governor Conner and the governors representing the other three states have signified their intention of attending the meeting.
 It was learned here today that both the governors of those states and the railway officials of lines entering the southern states are extremely desirous of Stltllng tnb TdttS cOntTONeTSy.
 The parties to the conference will gather for the purpose of an interchange of views relative to the rate question af- fecting the southern states and with the hope ultimately of framing compromise agreement to be submitted to the off cias of the railroads affected. Of course, whatever proposition drawn up looking to a settlement of the vexatious ques- tion will have to be submitted also to the legislatures of the states named for their approval What Is desired by those most concerned is to secure. if possi- ble uniform passenger rate in the states of Alabama. Georgia, North Carolina and Virginia.
 Governor Glenn of North Carolina, who has been here for two days in confer ence with Southern Railway officials and endeavoring to reach. if possible, a gen. eral settlement of the rate case in his state. left today for his home, where he will confer with members of the legisla- ture and others regarding the proposed conference between Governor Glenn, At torneys Woodward and Aycock. counsel for the state of North Carolina, in the controversy, and President Finley, of the Southern Railway
The Birmingham age-herald., 1907-10-27
RATE NOT EXCESSIVE.
Commissioner Clements Makes Ruling
 On Cotton Goods

Washington. October 26,-An important decision was announced today by the in- terstate commerce commission. in an opin- ion rendered by Commissioner Clem- ents, whereby the rate of $l.25 per le0 pounds on baled cotton goods from south ern cotton mills via. Pacific coast ports to Asiatic ports is held not to be ex- cessive. The decision also holds that the rate does not discriminate against south ern mills in favor of the more distant eastern mills. which ship cotton to Asiatic ports via. the Pacific coast.
 The case was that of the Enterprise Manufacturing company of Augusta, Ga, the Monroe Cotton Mills of Monroe. Ga. and the Granitevile mill, of Graniteville, s. C., against the Georgia railroad com- pany and more than score of other rail- WAY lines
The Birmingham age-herald., 1907-10-27
MORGAN GIVES ADVICE. Says People Should Let Their Funds
 Remain In Banks.

New York, October 26.-In response to a request of the Associated Press as to his view of the present situation. J. Pier pont Morgan said today: AS I have all ready said, I cannot too strongly empha- size the importance of the people realizing that the greatest injury that can be dcne to the present situation is the thoughtless withdrawal of funds from banks and trust companies and to inoarding the cash in safe deposit vaults or elsewhere. thus withdrawing the supply of capital always needed in such emergencies as that which would have been confronted during the past week
 James Stillman. president of the Ma tjoual City bank. who, next to MT Nor gan, has done more to bring out solu- tjon of the financial difficulties in New York than any other man, said:
 ..Thls wise and heroic action of the See retary of the Treasury and the splendid efforts of MT. Morgan, with the assist ance of inc clearing house have demon- strated the sound financial conditions Q, the clearing house banks of this city Nev. however. In order to facilitate the
The Birmingham age-herald., 1907-10-27
TWO LYNCHINGS
 LIABLE TO OCCUR
BRUTAL MURDERS AROUSE PEO- PILE IN ARKANSAS AND MISSES SIPPI AND ROPE MAY BE USED. BLOODHOUNDS ON TRAIL.

Memphis. October -(Special)-Brutal and unprovoked murders of two white men, one in Eastern Arkansas and the other in North Mississippi have aroused those sections of the two states and lynchngs will more than likely result if the two murderers are captured and ,propertly identified. In the Arkansas case a suspect named Abe Smith is under rest. but the jail is being closely guarded and crowds are prevented from forming in the streets of Newport. where he is confined.
 Posses with bloodhounds are pursuing the negro who killed Sheriff W. C. Me Dougall near Carrollton, Miss, and noth- ing can save him from summary veng- canoe.
 The victim of the Arkansas affair was Ed Robinett farmer who was shot and killed while resisting black high wayman near Newport Sheriff McDous- all was slain at the home of Bob Meyers, upon whom he was attempting to serve a larceny warrant.
The Birmingham age-herald., 1907-10-27
"'F[URRY WILL SOON BE OyEl"
 Se
 So Andrew Carnegie SsS Up the FInaRcia! .aic
VITAL REFORMS ARE NEEDED
The Laird of skibo Declares That Hoosevelt's Policies Are Having Effect and the Bad Will Be
 Needed Out of tho Good.

New York, October e0.--(Speelal )-In d keen analysis of the financial and Indus trial situation, Andrew Carnegie today de- serlbed the events of the past few days as a ''elearing house cyclone" and he declared that 'the furry will soon be over" that recovery will be rapid be- cause of the immense resources of tie country and warmly upheld President Roosevelts policies ns essential to the protection of the public
 "rhe President he said. stands to- day where he stood for years, and where it is to be hoped he will stand until our laws protect honest investors from dis honest officials and their swindling schemes.
 Nothing unusual or unexpected has oc- cured On the contrary, d fall in prices was due two years ago, and it has been surprisingly small this past week. I am delighted to hear the good news this morning.
 '"To attribute recent and present fall in prices to the wise and, in the truest sense, the conservative resolve of the President ana cdDlnet to enforce the laws against the use of certain powers. by certain trusts, is only a device to serve present intrigues.
 "The President has been urging this vital reform for years, during which prices have ruled highest. He stands to- day just where he did then.
 This panic will soon run it's course as others have and pass away, leaving no impeachment to the return in due season of another period of wholesome expansion of our resources.
 We have never had so great an ad- vance in prices since the war, or a rise so long continued. That this undue ex- pansion must have an end all students of present economy know.
 "Panics are now likely to be more fre- quent and more destructive than before because industrialism has taken more and more corporate form. There remain few former partnerships of manufacturers which issued no stock to be speculated in.
 Now these industrials always did and always will vary in earning power more than any other stocks. No genuine inter est is seriously crippled by any fate that befalls them. In due time the sky is clear and the prudent investor soon sees that it was not so terrible after al but the vast volume of genuine investment rests upon real values and that very soon they will return to their former sound condition, and all will be well.''
The Birmingham age-herald., 1907-10-27
Oklahoma Constitution.

Washington, October 26-Bringing with him certified copy of the new consti- tuition and certificate of the election returns of the proposed new state of Oklahoma Governor Frantz of Oklahoma, accompaniey by Judge w. H. Clayton. arrived here late today. The governor has arranged for an interview with Pres ident Roosevelt at the White House on Monday. at which time the important. document will be presented to him.
The Birmingham age-herald., 1907-10-27
Scottish Rite Masons.

Washington, October 26.-Just before closing its sessions here the Supreme Council of Scottish Right Masons enacted an important piece of legislation which provides for the entrance of organizations Into the educational charity field. The measure provides for the constant ard continuous education at the expense of the supreme council of 9 children Of worthy deceased Masons who may be ih needy circumstances. Each inspector gen. eral is authorized to select the son or daughter of such deceased Mason ir his state and to name the school wiialn that state at which he or she shall De edn- cated.
The Birmingham age-herald., 1907-10-27

ton upon q vigorous enforcement of that law was intended, some of his more radical followers constantly give out, to exterminate the so-called trusts and big corporations manifestly that fea- ture of MT. Roosevelt's administration has failed. The. organization of indus try into corporate form does not cease
 Neither wages nor prices arbitrarily change. That much, at least. has been proven. And the reason is that an ef- fective. industrial agency to wield the energies of mankind. the corporate form, beyond any other form. is the most ef- fective yet discovered What govern ment Is to mankind politically organized, the corporation Is to modern industry orga nized. It is on that account that the corporation is here at all; it is on that account that it is here to stay. And not until men, in their general relations 10 each other. can safely dispense with government. will come time when men, in their industrial relations. can safeiy dispense with Industrial organization.
The Birmingham age-herald., 1907-10-27
Mine Workers Meet.

Indianapolis. October 26-The national executive committee of the United Mine Workers of America today decided to call meeting of the operators and miners of the Hopkins county, Kentucky. field to reach a wage agreement if possible No time or place has been fixed.
The Birmingham age-herald., 1907-10-27
Indianapolis Falls In Line.

Indianapolis. October 26.At meeting of the officials and of the banks and trust companies of Indianapolis held late to- night it was decided to follow Chicago and other cities in taking measures to pro- tect depostors
The Birmingham age-herald., 1907-10-27
ALFONSO SEEKS HEALTH.

. Madrid. October 26.--fSp eeial . ' Cable )-The first stop Of the King ~ : and Queen of Spain on their way z . to England will be at. Bordeaux. . . France, where his majesty will be .
 . examined to ascertain the result (
 : of the recent operation performed |
 . on him.
The Birmingham age-herald., 1907-10-27
Wilcox County Goes Dry.

Montgomery, October 26.-A special to the Advertiser from Camden, Ala, says: Wilcox county, Alabama, went dry in the election held today by large majority.
The Birmingham age-herald., 1907-10-27
BIoodhounds On the Trail.

Carrollton. Miss. October 26-Whifs sn- deavoring to arrest Bob Meyers. a ne- gro, charged with several petty thefts to- day. Sheriff w. c. McDougall of this county was fired on by the negro and killed Tonight posses. with the aid oe bloodhounds. are searching for Meyers and if captured a lynching will probably occur.
The Birmingham age-herald., 1907-10-27

shipments of cotton, grain, tobacco and other produce and to facilitate the im- ports of gold, the associated banks have wisely decided to combine their credit by the issuance of clearing house certificates and thus prevent the paralyzing of very large part of the business of the coun- frVu