davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1909-04-08
UphOIding State Rights

The supreme court of the United States has restored the eleventh amendment to the constitution by giv- ing Judge Jeter R. Pritchard of North Carolina setback that he will be sure to recall when he is again asked to interfere in suits brought against a state. A state cannot be sued in federal court The eleventh amend ment has been put back into the con stitution and revitalized.
 In winding up the state dispensary of South Carolina the state dispensary commission was authorized by the state to collect all moneys due the state and to pay all just bills. Because the state commission did not settle bills promptly various creditors brought suits in the federal courts. And when the attorney general of South Caro- lina endeavored to secure from the dispensary commission s15,000 which had been appropriated by the legisla- ture of South Carolina for the conduct of certain criminal prosecutions the dispensary commission refused to hand over the money because the federal courts had enjoined the paying out of any of the dispensary funds. The cir cult court of appeals sustained Judge Jeter R. Pritchard's interference with the domestic affairs of a state, but when the case was heard in the United States supreme court Judge Jeter R. Pritchard was left without leg to stand on. The court of last resort simply said the suits were against the state and no federal court had right to entertain them. This re-establishes the eleventh amendment, but it puts Judge Jeter R. Pritchard in an embarrassing position. The states have some rights and one of those rights is freedom from suits brought in any form in the federal courts. Little by little the states may be said to be regaining their reserved rights.
The Birmingham age-herald., 1909-04-08
Bird Day Book for 1909

Superintendent of Education Gun nels has set apart May 4 as Bird Day in the public schools of Alabama. He hopes in this way to bring the children of Alabama more in touch with the forest, fields and streams of their state. The 4th day of May has been selected because 1t is the anniversary birthday of John James Audubon, the worlds greatest bird-lover aid natur- alist
 Game Commissioner Wallace has prepared beautifully Illustrated pam Inlet concerning the birds of this state, and this pamphlet will be found useful on Bird Day. Superintendent Gunnels is sending this admirable pam- phlet to the teachers throughout the state, urging them to use it in teach ing the children lessons about the feathered songsters of their state. Credit is due alike to MT. Wallace and MT. Gunnels in this good work. The pamphlet contains ample and excellent material, and this material should be utilized in every school in this state on Bird Day.
The Birmingham age-herald., 1909-04-08
ORIGIN OF "YANKEE DooDLE.v
the Washington Herald.

From the Washington Herald
 Yankee Doodle was originally a country dance of district of the for mer province of Kur- -Hessen, called the ''Schwalm," according to Herr sebas- tian H. Kohler. a banker of Frankfurt on-th e-Main, Germany, who is at the Arlington. MT Kohler Is a close stu dent of American history, and said it was well known that the tune of Yankee Doodle was derived from a military march played by the Hessian troops during the war of the Revolu- ton in America.
 'In studying the dances of the 'Schwalm.' Johann Lewalter was struck by the similarity in form and rh hyth m of Yankee Doodle to the music of these dances. Last year, at the kirmess of the village of Wasenberg. when Yankee Doodle was played, the young men and girls swung into @ true 'Schwalmer' dance, as though the music had been composed for 1t.
 During the war of 177e," continued the German, who many years ago lived five years in this country, "ths chief recruiting office for the enlistment of the Hessian hired soldiers WAS Ziegen- hain, in Kur- -Hessen. It therefore seems probable that the Hessian re- cruits from the 'Schwalm' who served in the pay of Great Britain during the Revolutionary war, and whose military band instruments consisted of bugles, flies and drums only, carried over with them the tune, known to them from childh ood, and played 1t as a march,"
The Birmingham age-herald., 1909-04-08
DROPPING THE NEGRO.

From the New Yorok World
 In the war amendments to the constI- tuition the republican party set forth the reasons for its continued existence after Appomattox. These articles gave the ne- specifically safeguarded him against dis elimination. Political pains and penalties were devised in the cases of states which disregarded these principles. Several re- publican presidential campaigns were fought on this issue and some of the most conspicuous of republican chieftains made no stronger claim to popular favor
 This traditional policy has found expres- sion with much regularity in the party platforms. In Ohio, MT. Tafts own state, the republicans have repeatedly demanded the enforcement of the rourteenth amend ment, providing for reduction of repre- sentation in Congress and in the electoral college for all states which had disfran- chised the negro. The national republi- can platform of last year. on which MT. Taft was elected, declared once more and without reservation for the enforcement in letter and spirit of the thirteenth, four teenth and fifteenth amendments" and condemned "all devices that have for their real aim disfranchisement for req sons of color alone as unfair, un-Ameri- can and repugnant to the supreme law of the land"
 In furtherance of a southern policy of his own which is in conflict with that of his party, MT. Taft now openly accepts the southern disfranchisement laws and announces that he will appoint no ne- groes to office against the wishes oe the whites. No democrat of whom we have knowledge could more radically take issue with the orthodox republicanism of the past.
 Unless we are to believe that machine republicanism, wholly abandoning princi- pies and ethics, has devoted itself to the spoils of office, how are we to explain the fact that no protest has yet been made to this course by any notable republican leader or by any conspicuous republican newspaper? The power of the President is great in any case, but when politicians and newspapers servile it Is magnfied many times. Revolutionizing party policy, turning his back upon the most vital of party traditions and practically justifying the nullifcation of the fourteenth and fif- tenth amendments, with no protest from any Republican, MT. Taft reveals courage and independence on his own part and subnissiveness on the part of his political associates.
 Admiring the Presidents spirit the World democratically disagrees with the establishment of the new color line; and even the distinguished example of MT. Taft cannot persuade 1t to approve of the virtual ratification of the fifteenth amendment. Good as the Presidents in- tentions no doubt are 1t is hardly possi- ble that the course which he has mapped out for himself is to be a f1nahty in American politics.
The Birmingham age-herald., 1909-04-08
JokerS in the Payne Bill

From top to bottom the Payne bill is full of "jokers" of all kinds. This word has come to be used instead of ideals" or bargains" although the three words are really synonymous. A joker, however, is a deal or bargain slyly put.
 And a recent writer calls attention to the fact that no joker by any chance runs in favor of the consumer of the articles covered. No ambiguity, how ever innocent looking, ever works out in the interests of the purchasing pub lie. The jokers are, in other words, intentional. They are inserted with a purpose in view, and that purpose is always in the direction of increasing duties, not to a revenue producing point but beyond that point toward restriction and obstruction of inter- national trade.
 The joker subserves in every in- stance the interests of private parties, never the treasury, much less the con sumer. The Payne bill is packed with jokers intended to deceive the con- sumer, but in the long run they will not do it and day of reckoning will come at last.
The Birmingham age-herald., 1909-04-08

ity of statute the expressed will of the legislature should be upheld"
 The cases go back to be acted on in conformity with the opinion of the court of appeals, and the next steps to be taken will be awaited with inter- est. The railroads that secured the injunctions were the Central of Geor- gia and the Louisville and Nashville. They fought the passenger rate of 2is cents mile and a schedule of freight rates not unlike that which Georgia has enjoyed nearly a generation. The other railroads in the state came t1 terms with the state railroad commits sion and were not participants in tho injunctions Issued by Judge Jones.
 The question of confiscation remains to be tried out if the Central Railroad of Georgia and the Louisville and Nashville are so minded. This claii; of confscation is based on the four- teenth amendment, which was added to the constitution in the heat of civil war in order to protect the negroes. It Is no longer utilized by the negroes, however, but the railroads have found in it grounds ur ,a which to proceed.
The Birmingham age-herald., 1909-04-08
Preliminary lnjunctiOnS Discouraged

The decision of the United States circuit court of appeals, sitting at New Orleans, related not so much to the claim that Alabama rates are confisca- tory as it did to the use of preliminary injunctions before that question of fact had been determined. The injunctions of Judge Jones, it was found, tied up not only the railroad commission until the final determination of the case. but also shippers of freight and passen- gers, and prosecuting attorneys and the clerk of the court and the sheriffs. These injunctions. practically abol- ished the railroad commission until the case was ended.
 The decision of the court, rendered by Judge Shelby of Alabama and Judge Mccormick of Texas, annuls the in functions of Judge Jones and plainly fntimates that the suits of the rail roads should have been begun in the state courts and then carried to the supreme court of Alabama before an appeal had been taken to the federal courts. We regret" says the court "that the supreme court of Alabama has not had occasion to pass on the question of the cohstitutionality oi these statutes. It's construction of the constitution and statutes of that state would be followed by this court. In advance of decision by the supreme court of Alabama to that effect we would be very reluctant to strike down the acts as void. Every statute is pre- sumed to be constitutional until the contrary is made clearly to appear when there is a doubt as to the valid
The Birmingham age-herald., 1909-04-08
Ben Greet Players.

Tt Is encouraging to find the cordial feeling that seems to be manifested everywhere toward the Ben Greet play ers,' said Miss Edith M. Barnes. who represents the English players, last night.
 "They are to appear in Birmingham for three performances this month, be- ginning the 18th, and they will be in Shakespearean plays only, this time. I find that The Everymap, which was pro- duced here before made a very striking impression, and I feel that Birmingham will be equally impressed by the unique manner in which the Greet players will give Macbeth The Merchant of Venice and Hamlet here. The interpretations of the plays are so entirely different from the usual run that the contrast is gen. orally commented upon and that favor ably to the Greet players"
The Birmingham age-herald., 1909-04-08
MT. Loveman's Prophecy.

Flight years from now, when Theodore Roosevelt shall have been elected to suc- ceed William IT. Taft and when the Pan- anna canal shall have linked us with the wealth of all the world, and when our country shall have made strides forward commercially and our city and state kept step, the new Terminal station which we have just dedicated will be too small for our passenger traffic." So spoke A. B. Loveman of Loveman, Joseph & Loeb.
 q hope that our future legislatures may be composed of men who will give the railroads a fair deal and encourage rather than hamper them. We need the railroads as much as they need us. or even more. They always bring not only civilization but wealth to every state they enter"
 Mir Loveman was to have been one of the speakers at the Hillman banquet Tuesday night but was unable to be present owing to business engagements which took him to Philadelphia and New York.
The Birmingham age-herald., 1909-04-08
Good Time for Decision.

At first glance 1 felt that the render ing of the decision in favor of the state against the railroads was very untimely, as we were entertaining many railroad men In Birmingham Tuesday" said man who thinks deeply on all subjects, but on second and more mature thought l believe that if such a decision had to come it was best that 1t should come on Tuesday.
 'Of course the decision had it's effect on the railroad men. but more than coun- terbalancing this effect was the spirit of welcome that the Birmingham people showed Tuesday. We turned out by the thousands to welcome the railroad men and to show them that we appreciated their great gift, the s20O0,0o0 Terminal station. We showed them better than words can tell that we appreciated what they have done and that we want the future to bring the railroads and the people closer together, as only by har- monious action can we get the best re- suits for both the roads and the people.
 'I am sure that I voice the feeling of thousands and thousands of Birming- ham people when I say that now more than ever before the people are eager to give the railroads fair play and justice, and that the railroad officials appreciate that this is the sentiment of Birming- ham.
 "Our recently established Freight Blu reau. as I conceive 1t. will help toward this end, for this bureau Is for the pur- pose of bringing about closer and more complete understanding between the rail roads and the people, and not to antago- nize the railroads.
 'We want the railroads as our friends, and all the officials here on Tuesday expressed the friendliest feelings for Bir- mingham and the district. We should nurse those friendly relations, help the railroads and they will help us. They can do more for us than we can do for them, and we want the reciprocal rela- tiOns''
The Birmingham age-herald., 1909-04-08
IN HOTEL LOBBIES
Facts About aPeer eYnt.p

Tn reply to many inquiries made by those unfamiliar with the original text of Peer Gynt,' as to how much of it has been eliminated in the acting version" said Wallace Munro, manager of Louis James, T wish to state that the acting version used by Louis James tand the same that Richard Mansfield useD, is about one-third of the original text em- bodied in the Scribner edition, which runs 219 pages, while the acting edition issued by Rielly and Britton contains 173 pages, and both publications print about the same number of words upon each page.
 Tn Europe the acting versions are not nearly as complete as the version used by Mir zines.
 The following items of information may also be of interest to the student who as- sails Peer Gynt for the first time. Ase- Peers mother had it's original in Dr. Ib- sens mother. We have Ibsens word for that. In the Fox-Duffcld edition of the Letters of Henrik Ibsen we find on page POO these words, written in Dresden by Ibsen to Peter Hansen, an author, under date of October 2s 1870: This poem
  iniscent of my youth; for Ace, my own mother, with necessary congregations, served as model Peer, to, was real person. Writing from Italy to his pub fisher, Frederick Hogel, under date of August 8, 1887, Ibsen says Page 1S of his Letters): Tt may interest you to know that Peer Gynt Is real person, who lived in Gudbrandsdal, probably at the end of the last, or the beginning of this, century. His name is still well known among the peasants there
 "The supernatural personages intro dueed are the Green-clad Woman, the Ugly Brat, the Dovre King. the Troll Imps and Witches, the Strange Passenger, and tho Button Moulder.
 " Peer Gynt' was never played in Eng fish until Richard Mansfield produced it in Chicago, October 30, 1908. from the manu- script now utilized by MT. James,
The Birmingham age-herald., 1909-04-08
JELks ON PROHIBITION.

From the Washington Post.
 'Birmingham never will have another public saloon. in my opinion,' remarked former Governor Jelks of Alabama, at the Willard.
 At least. l never expect to see one in Birmingham. The statewide prohibition idea is growing rapidly among the peo- before the statewide law was passed. This law, however, is not effective, so far as the large cities of Alabama are con- cerned It is possible to get all one wants to drink in Birmingham. Montgomery or Mobile. It Is not sold openly, of course. except possibly in Mobile, but guests at hotels or members of clubs can procure whatever they want. At one time I was opposed to the statewide prohibition law, but the more I study 1t and the more I see of public barroems the more I be- come convinced that statewide prohibit tion is desirable. There is no good to come from saloons.
 While it is true that the Alabama pro- hibition law is not effective, as I have said, in the cities, it has had a good effect in minimizing drunkenness. One rarely sees drunken man on the streets of Birmingham, whereas before the sale of liquor was prohibited 1t was com mon sight Perhaps the dispensary sys- tenn would be just as effective for the cities, but am unalterably opposed to public saloons"
The Birmingham age-herald., 1909-04-08
OH, THE BANDl

OH, THE BANDl When the band begins to play Crowds of people quickly gather, Pastry cooks desert the oven And the barber leaves his father; Swarms of small boys are encountered, Rushing madly down the street And the "cop" is so delighted, He forgets to watch his beat What is played it doesn't matter And nobody seems to care If there's very little music
 To be noticed in the air Just to see the brass a-flashing And a-gleaming in the sun And to see the players marching, Two by two, or one by one, And the uniforms Of crimson,
 Blue or green, or other shade, And the leader in his glory,
 Who's ahead of the parade, Seems to make the throng so happy That they're quite content to stand, Open-mouthed and lost in wonder As they listen to the band!
The Birmingham age-herald., 1909-04-08
Chamber of Commerce Building.

We are making excellent progress on the Chamber of Commerce building" said W. L. Welton of Warren & WeTton, arch itects who designed the structure, last night. ''The concrete work will be finished this week and the building has now as- sumed it's outlines so that citizens can get some idea of how the completed struc- ture is to appear. The auditorium on the second floor has taken on its permanent outline and I think this will be a feature of which the members of the Chamber of Commerce can well be proud.
 q am informed by the rental agents that practically 70 per cent of the building has already been rented, which is conelu- sive evidence of the need that was felt in Birmingham for just such a structure as this Is to be.
 "The brick and stone work is now up to the third story, and We have already heard many compliments on the artistic appearance of the exterior"
The Birmingham age-herald., 1909-04-08
GET OUT OF DOORS.
Medical Journal.

From the Medical Journal.
 Troudeau's classic experiment points us in the right direction. After inoculat- ing a number of rabbits with tuberculo- sis he confined a number of them in- doors and turned the others outdoors. The latter all recovered. while the former all died.
 This experiment shows that rabbit living upon It's natural food and under a natural environment Is proof against tu- berculosis. There is abundant reason to believe this equally true of man.
 In other words. tuberculosis is not necessary evil of human life, but is nat ural consequence of erroneous habits and departure from natural conditions Man Is naturally an outdoor animal. A mole lives healthy life in burrow. A man must live in the fresh air and the sun shine. e,tes
The Birmingham age-herald., 1909-04-08
TWO AGES OF HOUSEKEEPING.

From the New York World.
 Mrs. Anne Hagan would go back to the housekeeping of 70 years ago. 'It IS my idea that the people of New York lived more comfortably then than they do now" says she Her persistence in the notion has brought her into magistrate s court, with her daughter as complainant, which is a matter not less sad because the idea happens to be wholly wrong.
 Forty years ago Mrs. Hagan was a young wife of g and had certain outlook upon life. Now the real way to keep young while one grows old is to keep ones outlook up with the times, and this is what Mr1. tteSxn has not done. She is looking at tkanss with the eyes
The Birmingham age-herald., 1909-04-08

code as one of these holidays" said a professional man.
 "The new code, effective from May 1, last, drops both Mardi Gras and Good Friday. As the former is celebrated in only one city in Alabama it was not surprising that it should have been omitted from the new code; but a very large number of Alabamians observe Good Friday and that day should have been retained in the list of legal holi- days.
 But in dropping two of the bank closing days the legislature gave us new holiday, namely, the anniversary of Thomas Jefferson's birthday-April IS. This is the only state that has made a Thomas Jefferson day. Even Virginia, Jefferson's native state has no such holiday. While all good Ameri- cans revere the memory of the illus trious founder of the democratic party, this state was hardly called upon to take the lead in adding the 13th of April to our list of holidays, especially to the exclusion of the day which com memorates the crucifxion."
The Birmingham age-herald., 1909-04-08
Maundy Thursday.

In the liturgical church es today is known as Maundy Thursday. The name is a conception of the Latin mandatum (commandmen) and refers to the passage in St. Johns gospel. 1SS4 The day commentaries the last supper and the washing of the dis ciples' feet.
 In Austria and in Spain Maundy Thursday is impressively observed ac- cording to old usage. The Emperor of Austria and the King of Spain take prominent parts in the religious cere- monies and each washes the feet of 12 old men. In Catholic churches throughout the world the blessed sac- rament is carried in procession from the high altar to an altar of repose and the faithful mediate and adore.
The Birmingham age-herald., 1909-04-08
THE BOY AT THE BASIN.
From Judge.

From JudBe.
 During a test run from Syracuse to Batavia, I occupied a seat in the engine cab," said a prominent New York Gen. tral official recently. Tt was a pretty fast trip and dirty one. Consequently, being swart with coal dust, road dust, and oil when arrived at Batavia. hur- red to the nearest hotel to wash up
 Having utilized the basin near the clerks desk I was about to turn from the homely towel when I observed the proprietor's little son standing before the basin, carefully dipping something into the soiled water. What are you doing, my boy?' asked.
 GoinS to see if this water'll wrte' replied the lad, withdrawing pen and making off''
The Birmingham age-herald., 1909-04-08
REFLECTIONS OF A BACHELOR. From the New York Press

The great secret of success about sure to-win investments is not making them
 Anyhow, if boy didn't learn cuss words from his father he would from some other boys.
 When Eve got Adam put out, at least he escaped the housekeeping perform ance every spring.
 One of the problems of spring is how much bigger than the winters coal bill will be the fresh vegetable bill
 Even when a woman doesn't understand any more what a man Is talking about than he docs, she can mako him think he is showing her.
The Birmingham age-herald., 1909-04-08
ADRIFT WITH THE TIMES
MAYNARD WILLIE

WAL W ARD WILLIE. Baby whimpered for a drink; Willie filled her up with ink. Mamma, laughing at the lad. Fed the babe with plotting mad
 Cleveland Plain Dealer. Papa, quick as quick could be, Took a filler, which you see Used to i'll fountain pen, And pumped baby out again.
 Boston Herald. Baby smiled and said. "Da, da,'' Winked one eye at her papa, Then and there deciding she Would some day a writer be.