davidaulloa/AmericanStories huggingface dataset:
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-07-27
You Should Nho~ This.

Foley's Kidney kennedy will cure
any case OF kidney or bladder trou-
BILE that is not beyond the reach Of
medicine. No medicine can do more
Sold by all druggists d&w
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-07-27

| will sell you good home on
reasonable terms
2tf CHAS. +. FRALEY.
The Birmingham age-herald., 1908-12-24
OA Slabe Seeing City
 By Trolley and Motor Car

Uncle David Philpot of Freestone coun- ty. Texas, arrived in Birmingham yester- day and is the guest of MT. and Mrs. R. S. Munger.
 Uncle David is an ex-slave one of those rare specimens that survive from the ante-bellum and trying days of the war.
 He was raised by an uncle of Mrs. Nun ger Benjamin Philpot who resided in Morgan county, Alabama, up to 1851 when he moved to Freestone county Texas Uncle David, then 25 years of age, went with his master.
 When the war broke out MT. Phipot appointed David overseer of his planta- tion and left his wife and other members of the family in his special care Uncle David guarded his trust jeaously, and with the greatest care. He occupied cabin near the masters house, and the members of the absent soldiers family felt safe so long as David was in calling distance
 After the war his master sold David small farm off his own plantation, and there the ex-slave has lived ever since He paid for his home in few years
The Birmingham age-herald., 1908-12-24
KENYON INDORSES CHARGE OF GREEN Probate Judge of BIount County
 Writes Letter HIRING THE CONNECTS Says Corporations Have Understanding and Agent Can't Get Replies From
 Any Companies Save the
 One Bidding.
HIRING THE CONNECTS

The movement of the counties to- ward cooperation in leasing their con victs is meeting with approval. Judge John F. Kelton of Blount county writes indorsing the statements of Solicitor Green of Morgan county and repeat ing the call for united action on the part of the counties
 His letter follows
 To The Editor of The Age Herald:
 I have noticed what was said by Solicitor Green of Morgan county in The Age Herald with reference to the hiring of county convicts. What he says with reference to the understand ing between corporations about bid ding for the convicts is undoubtedly true. The hard labor agent" of county cannot even have the courtesy of a reply from any corporation eX- cept the one making the bid when he inquires of them as to wh ether they desire to hire the convicts.
 Section 74S1 of the code of Alabama makes it a criminal offense, punish able by fine of not exceeding $20O for the members of the commissioners court individually, if they fail or re- fuse to provide for the carrying out of the provisions of the code with ref erence to putting county convicts to hard labor. The said companies seem to know this and they also know that small counties must contract with them for the hire of the convicts as no small county would have enough con- victs to Justify working them on the public roads.
 When contracts are made conditions and stipulations are usually underlined in the form provided by the attorney general of the state. which said inter lineations usually prevent even the costs being paid, much less the stip- ulated sum which is supposed to go to the credit of the fine and for feiture fund of the county.
 Blount county is ready to aid in formulating some plan that will give just returns to the counties for the labor of county convicts.
 Respectfully, JOHN F. MELTON, .Iudge of Probate.
The Birmingham age-herald., 1908-12-24
THREE INJURED
 BY BLASTED ROCK
J. R. GOODWIN, c. H. THORNTON
 AND JOE MILLER ARE STRUCK TRACTOR THOMPSON BONDED.

Three pedestrians. were more or less seriously injured yesterday shortly before noon by small rocks which were hurled by blast from the excavation on the corner of First avenue and Twentieth street, which is being made for the foun- daton of the new Empire building. T. c. Thompson, the contractor building the Empire, was placed under bond after the accident had occurred
 Three men are known to have been hurt by the flying missiles, one rather seriously The injured are J. R. Goodwin 24Ol Fifth avenue, north; c. H. Thorn ton, 1233 North Nineteenth street; and Joe Miller of Bessemer. Goodwin is the most seriously injured, having been rendered unconscious by the blow of a rock which struck him in the temple cutting a gash about an inch and half long. He was carried to the office of Dr. Torrance in the Woodward building, where his in- juries were given attention. The other men were not badly hurt.
 Apparently the accident was due to the fact that the place where the blast was made was not properly covered. It seems that quite number of small rocks flew out between the .timbers which had been placed over the rock which was blasted suggested to the contractor that a rope mat be made and placed over each blast in order that no rocks may go wild.
The Birmingham age-herald., 1908-12-24

the petition are sufficiently broad to al low the raising of these questions, so that the whole matter might be decided at the present time, upon an application for a rehearing. In case, however, this is nc- done, am afraid that, as to the East Bir- mingham territory, even if the King bill should hereafter be declared invalid, the present decision will be declared to be the law In the case. and that the East Bir- mingham territory will not be apart of the city of Birmingham unless voted in at another election
 Now, as to the practical part of this matter under consideration, you have a decision under which you have no right to expend money for city schools or school purposes in the East Birmingham territory or to exercise other jurisdic- tion, and 1 rather think the King bill will be declared valid in any event; so that you should make no further appropria- tions or expenditures in this territory. In my judgment, the same course should be pursued as to the Avondale and Noun tain Terrace territory until you can find out what the true status of this territory is. Avondale and Mountain Terrace are not considered in the Sigsbee case, but any decision in that case will necessarily, I think, be of binding force as to the Avondale and Mountain Terrace territory.
 AS to the county funds, which you have in your hands, applicable to the East Bir- mingham and Mountain Terrace territory, you should, in my judgment, arrange conference with the county superintend- ent of education, show him this letter, and agree upon the disposition of the same, so that, whatever may be the final out come, the concurrence of the Board of Education of Birmingham and the county superintendent of education, or other necessary county officers, will be had to their appropriation, and proper orders can be entered to protect the officers dispos- ing of these funds. It is probable these moneys should be turned over to the county superintendent of education for disposition; but, as I said, 1t is safer to have both parties agree to the manner in which they shall be appropriated.
 As to the Avondale funds, I have not been in conference with any of the au- thorities as to the course to be pursued, but 1t is my own idea that the officers of Avondale, who were serving at the time of its annexation to Birmingham will be the de facto officers of that corporation, | and you can make a three-party agree ment with them, the county superintend- ent of education and the Board of Educa- | tion of Birmingham in like manner to that indicated, with reference to the disposi- tion of the East Birmingham and Noun tain Terrace funds. Yours truly,
 D. D. SMITH
The Birmingham age-herald., 1908-12-24
LOW FILES SUIT
 AGAINST SHERIFF
CLAIMS DAMAGES TO EXTENT or $55,00o BY HlGDON'S ALLEGED REFUSAL TO ALLOW HIM BAIL. ALSO SUES FOR ASSAULT.

On the averment that he was arrested and refused the privilege of making bond, J. G. Low has filed two suits against Sheriff Higdon, one claiming damages in the extent of $sO0Oo and the other $25,OOO The petitioner claims that on October 13, 1908 he was arrested on charge of vio- latng the prohibition law and that upon his offer to make bond he was refused such in consequence of which he was greatly embarrassed because of the fact that he was marched through the streets before a great number of people.
 The second suit ayers that the plaintiff was assaulted and beaten by a deputy sheriff, for which damages are claimed
 W. x. Crenshaw has filed suit against the s5t Gthern railroad, claiming $l5,000 for alleged personal injuries.
The Birmingham age-herald., 1908-12-24
BOARD OF REVENUE
 COULD USE AUTO Members Find Difficulty in
 Checking Work HARD TO COVER GROUND LoveIady Says That No Law Author izes the Purchase of Machine Un-
 less It Come as Road
 Equipment.
HARD TO COVER GROUND

The board of revenue is in sore need of some method of getting around the county for inspection of the work.
 Unlike corporations which do business in Jefferson county the board has no automobile to carry the members out on the work, and the members are not al- lowed very healthy expense account.
 I've are weighted down with work right here in the office," said R. F. Love- lady yesterday, and 1t Is impossible to get out for a whole day or & week of in- spection on foot or horseback. Although we intend to use every possible means, and to improve our system in every way possible, we can never check up the work of the overseers, and guarantee the coun- ty its moneys worth as it should be done properly without an automobile. Friends have been kind enough to lend us ma- chimes at times, and we have been able to detect negligence in a number of cases. This would be an investment which would return value to the county in time, for the members of the board are the ones held responsible for the expenditures of the county, and are the ones most inter- ested in holding expenses down."
 The board has considered the question of purchasing an automobile, but is doubt ful as to the legality of the plan- It might be purchased as road machinery, since the members of the board consider it most important factor in the devel- opment of the county roads. They could go out two at time for the early hours of the morning, and see that the road gangs were really doing their duty.
 This discussion has been brought up by the discovery several days ago, that one of the overseers had turned in bills for more than was due. The board has warned the overseers that it Is necessary to cut down the expense for shoeing, feed ing and tending the mules of the county.
The Birmingham age-herald., 1908-12-24

of Knox, Dixon & Burr, which is one of the best known in the state, MT. Burr recognizes the importance of be- coming connected with the greatest city in the state while 1t is yet grow ing. Asa partner of Messrs. Percy and Benners his success In this city is assured.
 He is native of Talladega and has lived there during the whole of his life. He graduated from the law de- partment of Washington and Lee uni- versity in 1898 and since that time has been associated with the firm, Knox Bowie & Dixon afterward Knox, Dixon & Burr.
 Solicitor Burr was elected to office without opposition four years ago, sue ceeding c. c. Whitson and has proved a fearless, energetic prosecutor. tie was induced to come to Birmingham after his able conduct of the states case against the dynamiters in a neigh boring county, following the recent strike
 Among the candidates to succeed him are Judge w. N Manning and J. J. Pierce of Talladega and E. J. What ley of Clay county
 MT. Burr has a number of close friends in the city and has handled cases in the local courts until he is generally well known. His resignation takes effect February 1 1909, after which he will take up his residences here.
The Birmingham age-herald., 1908-12-24
Statns .0f Affairs Since
 Supreme COHYf Decision
 As Explained By Smith

Edward D. Smith, formerly city attor- nicipal lawyers, has rendered an opinion to the Board of Education as to the rela- tionship of the board to the schools in Avondale. East Birmingham and Noun tain Terrace
 The opinion of MT Smith is the first recent decision of the supreme court in reference to the territory recently an- nexed under the King Greater Birming- ham bill. The opinion In full follows:
 Birmingham December 21. John L. Parker, President Board of Edu-
 cation, City:
 Dear Sir-In compliance with your re- quest I have carefully considered the de- cision of the supreme court of Ala bama in the case of state of Alabama esc rel Sigsbee ct al. vs. city of Birming- ham ct al. The effect of this decision is to declare the election void held on June 90, 1908, by virtue of which East Birming- ham territory was annexed to the city of Birmingham, as being within the six months of the election held under the King bill. The reasoning of this opinion is equally applicable to the Mountain Ter race election and to the election by virtue of which Avondale was annexed to the city of Birmingham, as well.
 The record in this case did not show whether the election under the King bill. was carried or lost, and in the opinion, the question Is expressly left open as to whether or not in case the election under the King bill was carried, which we all know to be true, there could be- before October l. 1909, annexation of territory such as East Birmingham, Avondale, etc., by elections held under the general laws.
 It has been contended by some lawyers who have examined the journals of the house and senate, that they do not show regular action on the King bill, as re- quired by the constitution, and that this bill is void on that account. This oues- tion was not raised in the Sigsbee case. If the King bill Is void on this account and if tb's point can be raised in this case at the present time, East Birmingham, Ayondaie and Mountain Terrace will be declared to be parts of the city of Bir- mingham, should think This being true l would suggest that an application for a rehearing be made in this particular case at this time, and all these grounds be ar. gued to the court, so as, if possible, to get decision unon these questions. Our court has always taken judicial notice of municipal charters, and their amendments in this state, and takes judicial notice of the house and senate journals; and my understanding is that the demurrers to
The Birmingham age-herald., 1908-12-24

rom the surplus proceeds of his labor.
 Uncle David is now 7S years old. but strong and active most men 20 years younger. He is making his first visit back to the state of his nativity He is travelling alone and is well able to take care of himself
 He brings with him hearty recommenda- tions from the surviving members of his masters family and neighbors, and Mr. Munger and family are giving him royal Christmas. He is seeing Birmingham by automobile and trolley car and is over whelmed with gratitude for the cordiality with which he is being received.
 After the holidays he will visit the old home place in Morgan county, which he has not seen for more than half cen- tury, and where he served as a slave on his masters farm.
 Uncle David says that when his master moved to Texas they travelled continu- ously for two months and a half On his return trip this week he travelled about "A hours
 Uncle David attributes his long life and continued good health to simple living. honest work and strict sobriety
The Birmingham age-herald., 1908-12-24
FARR INJURED IN
 AUTO ACCIDENT

Charlie Farr caller for the Louisville and Nashville railroad, sustained painful injuries when he was struck by an au- tomobie early last night The accident occurred about o'clock at the corner of Fifth avenue and Eighteenth street the young man having been mounted on d bicycle at the time.
 The automobile is said to belong to a local garage and was travelling at rapid rate. Farr was thrown with great force, landing in a heap several feet away and remained unconscious for several mo- ments He was removed to the residence of Dr. Compton at 510 North Eighteenth street where Dr. Compton dressed his injuries His left leg and left arm were badly bruised.
 Farr resides at S21 Tuscaloosa avenue, West End.
The Birmingham age-herald., 1908-12-24
The Christmas Stamp.

To Alabama Christmas Stamp sellers:
 It is my good fortune to spend Christ rlas day and several more days at my Ohio home, but l will still be doing Christmas stamp and kindred business. I have three stocks of stamps with lim- tied supplies available upon which I can draw by telegraph.
 Your orders should be wired to me at 226 Grafton avenue, Dayton, Ohio, and will see that you get the stamps the next morning.
 Wednesday I can be reached at Mont gomery, Exchange hotel, till 6 p. m.
 Thursday will get telegrams at Louis vile, care Louisville and Nashville sta- tion, and at noon at Cincinnati, Union station, or Louisville and Nashville train No 1, en route.
 l mention all of this in the hope that you will look over the field Wednesday morning and will decide that you can put some mention of stamps in your news parer ads, and that you will place girl at q stand at your best entrance. and that you will call up the leading club in town and offer selling space if they will send around a committee to take charge.
 Will you also announce in the news papers that you will supply stamps to any club or school or association, and that you will gladly furnish stamps for use on pay checks and for merchants to use on their packages
 IL is all straight business at one cent a stamp, the whole gross receipts to come back to the committee. Let me know of any special feature or incident of any nature. Let your newspaper know of such. I will try to send it to all dailies in state by mail, and will wire several of the leading papers.
 merry, merry Christmas-and big stamp sales-to you all.
 E. G. ROUTZAHN, Alabama Red Cross Christmas Stamp Committee.
 Christmas address: B. G. Routzahn 226 Grafton avenue, Dayton, Ohio. Please bear in mind that the stamps are for New Years as well as Christmas. Some com mjttees expect to make fair sales in con- nection with New Years.
The Birmingham age-herald., 1908-12-24
CHRISTMAS FUN
 TO BE EXPENSIVE
OFFICERS INSTRUCTED TO KEEP STREETS CLEARED OF INTOXI- GATED ERSONS-"THEY MUST PAY FOR THEIR FUN"

Tn view of the crowded condition of the streets in the downtown portion of the city Chief of Police George H. Bodeker has issued an order to the police depart ment whereby any indulgence in intoxi- eating liquors during Christmas week will be a more or less inadvisable proposition. The CT der, which is self-explanatory, fcllcws:
 Police Department, City
 Gentlemen: You are hereby instructed to arrest any one appearing on the<streets in an anywise intoxicated condition, as d) not want men staggering around on the streets and running into ladies and cai;dre.l. 1 know of no better way of put ting a stop to this matter than to send the imbibers in and let they pay fine fDr their fun.
 "l shall expect eacn ana every one of you to enforce this order strictly. Yours respectfully,
 GEORGE H. BODEkER
 "Chief Of Police"
The Birmingham age-herald., 1908-12-24
Breath Odors
 Removed By Charcoal
Onions, Tobacco, Decaying Food, Alco- hol, Stomach Gases and Impurities Foul the Breath, Charcoal
 Purifies 1t.
A Trial Package of Stuart's Charcoal
 Lozenqes Sent Free By Mail. r7


 Lozenges Sent Free By Mail. The stomach and digestive canal of man fill with gases from fermenting and decaying food. Such gases impregnate the breath. filter through the system. spread disease and in large quantities extend the stomach so that it shuts of heart action and death sometimes re- suits.
 Pure, simple willow charcoal absorbs gas at once and stops impure food fer mentation It sweetens the stomach kills the effect of all odors such as liquor. tobacco, onions etc. or at least pre- vents them from causing impurities to arise.
 The willow is renowned for its cura- tive properties and ancient legendary lore is filled with it's use by barbarians and civilized men. As early as 800 B. c. the ancient Chaldeans were sagely curing disease by charcoal and every monastery of >the old world healed the sick and cured the drunkard by using powdered willow charcoal.
 Stuarts Charcoal Lozenges are pure willow charcoal compressed with honey into a delicious lozenge. They contain nothing but sweet willow charcoal and honey. One may eat box of them and feel only benefit from so doing. Two or three after a meal will be a suffi cient guard against bad breath and the same amount eaten just before bedtime will insure a pure breath upon arising the next morning
 Stuart's Charcoal Lozenges tone up tho blood, the liver and the stomach. They are great laxatives also but eating large numbers of them does not increase their effect in a painful manner upon tho bowels.
 They are gentle, powerful and pure and their popularity and tremendous sale gfye them the stamp of public approval. Go to your druggist today and buy box, price 25 cents, or send us your name and address and we will send you a trial pacakage by mail free Address F. A. Stuart Co.,, 200 Stuart Bldg. Marshall, Mich.
The Birmingham age-herald., 1908-12-24
HENRY COLEMAN
 MAKES BIG BOND
AFTER LONG CONFINEMENT HE REVELS IN THE LUXURY OF A TERESTING CASE.

Henry Coleman succeeded in making his 5000 bond yesterday and breathed the fresh air of liberty for the first time in many months. A barber shop was the first place he started for.
 Coleman is charged with the killing of James Cordrey in a saloon on the south side several years ago. He was brought from Texas last summer for trial and has been confined In the county jail ever since. He was given hearing a few days ago, which resulted in a mistrial and Judge Dan Green granted him bail in the sum of 5000.
 It is alleged that Coleman, Cordrey and another man were in a saloon one night and that the killing grew out of a small trick. Coleman disappeared short ly after the shooting and was at liberty until his arrest last summer.
The Birmingham age-herald., 1908-12-24
GENEROUS GIFTS
 MADE TO ORPHANS

The appeal made by the Atheneum Or- phans' home of East Lake met with a generous response yesterday. Headquar- ters have been established at the Jesse French Piano company's store, 1921 Third avenue, where Miss Welch and Miss Housman are in attendance to receive do- nations. The ladies interested in the movement to provide a substantial con tribution to the institution express them selves as being extremely grateful to the generous friends who have responded to the appeal. The headquarters will remain open until Christmas Eve night and checks can be made payable to Mrs. T. W. OByrne, Miss billie Welch or Miss Blanche Housman.
 The following subscriptions were re- ceived yesterday: Culpepper Exum s25, T. w. OByrne $25, Mrs. w. I. Grubb $25, J. l.. Welch $15, W. G. Oliver $1O, Frank Cahalan BIO, Friends $1O, Mrs. H. F. De- Bardeleben S10, pr. John Davis $5, E. Frost $5, Mrs. J. G. Housman $5 J. w. Donnelly 8, M. Levy $5, per Mrs. M. Banks $5, John Dillon $3, per Mrs. J. G. " 91.Ou, hTS. fTdHk J. w nlLe 9Z, W. T. Dillon $3, cash box $2. .65. The fol- lowing subscribed $1 each: Mrs. Theodore Powell, Mrs. P. G. Bowman S. Marx, MT. Marx, P. Boggan, c. M. Williamson, Mrs. A. J. Kennedy, Mrs. W. P Me Crossin, Miss Matte O'Connell, Leslie Geohegan and MT. Northington s1 50.
 In addition to the cash subscriptions the following donations were sent: Mrs. J. E.. Ford, ham; Mrs. Jane Wheelan, half barrel of four Mrs. c. J. Lowman crate of oranges; MT. and Mrs. J. Weakley, crate of oranges; Mrs. J. C. Lane a turkey, preserves, jelly, one dozen cans fruit; Macken Bros, crate of tomatoes; Mrs. T. F. Rider, IS pounds sugar, Mrs. yigo, Mrs. Beecher and Mrs Wescott sent clothing for the children.
 A complete list of subscribers and don DTS will be published after the holidays.