davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

lean citizen must regard as a funda-
mental principle as between employer and
employe. The proposal that the question
involved should be arbitrated was ac-
quiesced in by this committee, which
assumed that the switchmen shared the
desire for an amicable adjustment of the
questions under consideration and would
not willingly bring upon the public the
actual hardship which q strike would oc-
casion.
Notwithstanding that President Haw-
ley of the Switchmens union Joined with
this committee in the telegram sent No
vember 2s to Martin A. Knapp. chairman
Of the interstate commerce commission.
and to Charles P. Neill United States
commissioner of 1agor inviting their good
offices as mediators under the Erdman
act, the strike order was issued without
the knowledge of the managers commit
tee or OF the mediators, but the switch
mems committee, directing the switch
men to cease work in event that their full
demands had not been conceded, a VIOLA
ton of good faith which led to the pres
ent condition. The transportation of per-
ishable freight has become practically
impossible, and the result can not fall
to bring hardship to the public. Every
effort will be made to restore transpor-
tation conditions to normal at the earliest
possible moment"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

Washington, December 2.-(Specia1D
II would not even intimate that former
President Roosevelt Is unfriendly to
President Taft, but It requires no
prophet to foretell that the former
President may be the next President .
Former Senator Blackburn of Ken
lucky. who retired today from the gov
ernorship of the Isthmian canal zone,
gave utterance to the above tonight.
He advances the interesting view that
Mr.. Roosevelt may become the choice
of the next republican national con-
vention through a participation in the
construction of the Isthmian canal. The
proposed canal legislation, which Gov
ernor Black burn believes will be en-
acted into law, aboiishes the canal COM
mission and puts its affairs under three
officers. Governor Blackburn believes
that Goethals will remain at the head
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
ACTION NEEDED TO
PROTECT MINERS

washington, December 1.-The Presi-
dents message is in the hands of the
Public Printer who furnished proof
sheets to the White House this afternoon
and then started printing the document
The President felt much relieved when
he completed dictation of the message
last night.
Today he began receieving callers again
among them Representative Austin OF
Tennessee, who is deeply interested In the
establishment of bureau Of mines and
mining.
The President has made recommends
ton for such bureau.
Representative Austin said the United
States was far behind all other countries
In measures to prevent mine disasters.
He not only thinks there should be bu-
reau. but he wants the President to DO
all he can to secure a large appropriation
for the continuation Of the experimental
work for which the last Congress. appro-
nriated $4,000. Instruction and testing
stations for mine saving apparatus are IN
operation at Pittsburg, Knoxville and in
Illinois. The use of oxygen helmets Is
being taught miners at the places, anu
MANY experiments are being conducted
into the causes of mine explosions.
..Foreign countries have reduced the
death rate from accidents In mines from
4 to ner 1000 to less than one In each
nd miners" said Mr.. Austin.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
TODAY's AGE-HERALD.

1-Strike of switchmen Is more serious.
Statement on strike by railroad mana
gers.
House of lords is rebuked
Zelaya has shrewd plan to hold
power.
Naval forces of United States gather
ing.
Roosevelt is man to dig Panama
canal.
Equitable sold to ]. P. Morgan.
Immunity is claimed by H. c. Pierce.
Explosion followed by disastrous fire.
2-F1ght to retain franchise taxes.
Brewster dead from wound.
s--News from Bessemer
Wallace writes Georgians about game
laws.
Editorial comment
6-City gets chancery decision In water
works matter.
DIR. Hadley will lecture on library
work tonight.
Ladies have narrow escape from death
in automobile accident
West End witnesses exciting chase
after negro.
6-North Alabama conference in session.
Birmingham social events.
Dolly Dalrympls's department.
S-Ensley council In quiet session.
s-Mexico will hold aloof from war.
Clapp talks on tariff.
What went with Big Four money?
11-Stock market turns downward
Cotton makes slight advance.
Decided strength in wheat market.
sporting news.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
ROADS CHARGED
WITH REBATING

Louisville, December 2.-The special
grand juy which has been sitting in
the federal court to investigate alleged
violations of the interstate commerce
law today entered indictments against
the Louisville and Nashville and the
Louisville, Henderson and st. Louis rail-
roads, and the American Tobacco COM
pany for rebating. Eight indictments ag-
gregating AZ counts were returned against
the former road.
One indictment of 25 counts was re-
turned against the American Tobacco
company. t=Q
Two indictments were returned jointly
against the Louisville Henderson and ST.
Louis and Lucien Irwin, now president of
the road, but at the time of the alleged
offense the general freight agent and
traffic manager.
Two other indictments. which the grand
jury returned. were withheld.
The indictments cover three years and
include alleged rebates on tobacco, salt,
malt, cement cotton seed oil and coal
by the railroads
Mr.. Irwin Is charged specifically with
having in January, 1907, given three re-
bates to the American Tobacco company
and the company is named as having
accepted them
The Louisville and Nashville is al
legged to have given rebates. among 9TH
er firms, to the st. Bernard Coal and
Mining company. the Chearley Times Dis
tllery company. J. B Speed & Co.. and
the Louisville Cotton Seed OIL company.
Fines OF from $1,000 to $4,000 with i'm
prisonment for specific officials convicted
is the penalty in such cases.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

tertiary here for Nicaragua several years
ago but threw his allegiance off TO Pres
dent Zelaya and became a polilt all
refugee eventually representing Salvador
at this capital
When the peace conference was held
in Washington two years ago President
Zelaya, convinced of the necessity of put
ting a competent man here to look out
for Nicaraguan interests offered Madriz
$15 600 a year to return to the service Of
the country, which Madriz promptly did.
He signed the arbitration treaty with the
other Central American republics, and
was appointei president of the Central
American court of Justice which sits In
the capital of Costa Rica. When the dis
pute between Honduras and Nicaragua
was referred to the court the only MEM
ber of the tribunal who refused to sign
the agreement was Madriz- His refusal,
1t was understood at the time, was be-
cause of the direct orders OF Zelaya, who
was anxious to test tr> interest the
United States actually- In the con-
vention and the stanGSN the various
republics with your O. 3 ment.'
While the state i, -ment has been
asau't's0 afoot IT is not jared w to protest. In
view of the so ay powerful note ad-
dressed to = q Mt zelaya through the
Nicaragua sentatives here, It Is not
believee o q ze;aya will attempt ex-
treme ds. In such event further
actil the United States would be
super, IS.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
CONTROL OF EQUITABLE
LIFE GOES TO MORGAN

New York, December 2.-Control of the
Equitable Life Assurance society, which
was secured by Thomas #. Ryan soon
after the insurance scandals of some
years ago, has passed to J. Pierpont Nor
gan with the $47200o.ooO of assets which
the company declared in its last state
ment The transfer, apart from its mag
nitude, is a chapter in the history Of
finance, marks complete reversal of
the old order under which the insurance
companies controlled the destines of the
banks and trust companies.
News OF the transfer was contained
in the following brief statement issued
from the offices of Morgan & Co.:
Mr.. Morgan has bought the majority
of the stock OF the Equitable Life Insur-
ance formerly owned by Thomas +.
Ryan. This purchase Is subject to the
trust under which Grover Cleveland
Morgan j. O'Brien and George Westing-
house were made voting trustees for the
benefit of policyholders and 1t covers all
Mr.. Ryan's interests, including all the
stock purchased by him from James IL.
HYDE
Beyond these bare facts Mr. Morgan
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

and his partners declined TO give any de-
tails. The exact amount of the stock
bought by them and the price they paid
remain for subsequent announcement.
Mr.. Ryan's holdings in the Equitable
were bought in large part from James
II. Hyde, although Edward H. Harri-
mann had laid plans which, as he sup
posed. were to assure him the control,
which went instead to Mr.. Ryan. 1t
was during the hearings of the Arm
strong insurance investigation that Mr..
Hartman when questioned on this point
coined what subsequently become ma
tional by-word. He WIS asked il be had
settled scores with Mr.. Ryan and an
swered tersey, mot yeti The public
added with ready intuition, "but soon.''
At the offices of the Equitable society
President Paul Morton professed ignor-
ance of the transfer and news of the
change of control seemed to come as a
surprise to other officers. 1t is known,
however, that the directors of the so
ciety and the principals to the deal were
in conference yesterday and until late
today and there is authority for the
statement that the transfer met with
their approval.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
SEARCH FOR DEAD
WOMAN'S HUSBAND

New York, December 2.-Persistent
rumor that the husband of Mrs. Ocey
Snead, the young woman who was
found dead in the bath tub of an un-
furnished house in East Orange, N. j.,
is still alive is credited by the police
there. who now believe 1t their clue to
further developments In what remains
tonight most puzzling mystery The
husband, the chief of police believes,
could tell why it was that his young
wife was kept in seclusion; why she
was separated from her baby why she
was given barely enough food to keep
her alive, and why, although money was
borrowed on her life insurance policy,
she appears not to have enjoyed the
benefit of one penny of It.
Presumption of foul play was fur
ther strengthened today by the testi-
mony of Julian T. Carabba of Brook
lyn, a lawyer, who volunteered the in
formation to the police that he had
third will made by Mrs. Snead and
drawn by him In his office. Mrs. Vir-
ginia wardlaw, under arrest in East
Orange. he said, had offered him a life
insurance policy for $4,000 II he would
see to 1t that the vtll was drawn II her
favor and that Of her sister. He Wis
tied the house in which Mrs Snead lay
i'll and was amazed at the poverty he
saw about him In the home of one able
to dispose of a considerable sum of
money
"For the Lords sake get me out of
here" The lawyer said Mrs. Snead
pleaded with him, on that occasion.
because I am starving and they are
not taking care Of me-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
ROOSEVELT Is THE MAN
TO DIG PANAMA CANAL

of the engineering work. He is un-
stinted In his praise of the army en-
gineer. Every other feature of the
canal, however, he thinks will finally
come under the charge of one man and
that figure he believes can be no other
than Theodore Roosevelt.
Mr. Roosevelt believes the auth oriza-
ton of the canal the greatest feature of
his administration" continued Cover
nor Blackburn.
''It is only natural that upon his re-
turn to the United States he should
take most lively interest In the sub
ject. Any one who supposes that he
will simply write for the Outlook does
not know the man. There Is no con-
fining his pent-up energies in a glass
case. He will go to the canal and he
will dig the ditch in two and one-half
years instead of five as Is estimated.
He will return to the United States and
what will happen Is not open to spec
ulation.".
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
EXPLOSION is FOLLOWED
BY DISASTROUS FIRE


Camden, s. c.. December 2-With
shock which made the whole town trem-
Bile. presto-carbon tank in the South
ern Express office here exploded about
7.s0 o'clock tonight, wrecking the office
building and causing fire which swept
half block OF Camdens finest business
section, with loss of over 100000. One
negro man is reported to have been killed.
two prominent citizens injured and nve
others more or less hurt.
The seriously injured are:
Andrew whitaker and Arthur watkins.
Slightinly injured:
VIII salmond, Willie watkins and Char
lie Watkins w. r. DeLoach and Tom
GoodaIe. :,
The explosion threw down the wall OF
the express office and precipitated 1t upon
the adjoining building, the store OF wat
kins Brothers. This building caved under
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

Austin, Tex, December 2.-For ten
hours today attorneys for the. defense
argued that under the laws of Texas
Henry Clay Pierce was immune from
prosecution under the charge of false
swearing, and at the adjourning hour to-
night every indication pointed to the fact
that all Of tomorrow would be consumed
in further discussion OF the proposition
of whether or not woman notary has
the legal right to recognize an affidavit.
The affidavit that Pierce is charged
with having sworn to and on which he
was Indicted by grand jury In Travis
county was acknowledged before Miss
Nagel. In the secretary of states office
1t is now claimed that this recognition
was not in any particular lawful for the
following reasons: The oath was not ad-
ministered as required by law; the oath
was not administered by person compe-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
lMMU]NIT IS@CLAlMED
BY HENRY CLAY PIERCE

tent to administer it, because there can
be no prosecution for perjury based upon
the statement of a party as to his con-
struction of contract; because there
can be no prosecution for false swearing
for the law In effect at the time required
the making OF the AFFIDAVIT; because of
the law of 1899 requiring the AFFIDAVIT,
there can be no prosecution for perjury
as such law had been repealed, and can
not be used for any purpose in GRIM
inal case because the cause of action on
the face of the affidavit shows 1t to have
occurred more than three years before
the return of the affidavit, Pierce being
1t Is agreed, a nonresident of the state.
With these points as bones of conten-
tion the defense lawyers argued all day.
The prosecution holds itself in readiness
for answer tomorrow and in the mean
time the presiding judge is keeping the
jury out of the court room and withholds
his decision as to various issues raised as
to immunity from trial.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
BALTIMORE FIRE
LOSS is $5OO,OOO

Baltimore, December 2-Fire broke out
late this evening in the building No. 104
South Sharp street, within a block and
a half of the point of origin of the great
fire of 1904. 1t spread rapidly and with
in short time had done damage esti-
$500, 900.
In it's spread the fire involved the es-
adjustments of the c. j. Peed Shoe COM
pany and the Spear Bros. company, shoes.
104; McCaddin & McElwee. house furnish
ings, 108 and 10S. and firms occupying the
upper floors of 100 and 102 South Sharp
street. The flames jumped a narrow alley
in the rear and gained a momentary foot
hold in the big building occupied by the
r. M. Sutton company, dry goods and
notions. ..l. .l
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

the pressure and the walls fell in on the
five occupants. Whitaker and Arthur
Watkins we're buried under the debris
and sustained serious injuries The other
occupants of the building. though slight
ly injured, rescued Watkins and Whita-
ker barely in time, as the fire instantly
began to sweep along Main street and
was checked only after every building In
its path had been swept away.
The burned buildings are:
Bruce & Lang's store ]. N. Trapp's
grocery store; Baruch Nettles. general
furnishing store; Southern Express COM
pany and Watkins Brothers store. bicy-
cles, and barber shop on the same
block The contents of several offices
over the store rooms of Bruce & Lang
were also destroyed.
The cause of the explosion is unknown.
The express office employees stated that
the tank was some distance from the
stove, and that there was little fire in the
stove
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
MANY viii Return to Work.

Duluth, Mimi. December 2.--As re-
suit of meeting of the Brotherhood of
Railway Trainmen here this afternoon 50
per cent of the striking swttchmen will
return to work tomorrow morning, most
OF them for the Northern Pacffic.
It Is the sense Of the meeting that the
order to the switchmen to strike was
unconstitutional and all were advised to
hold out no longer. The Great North
ern and the Chicago. St. Paul, Minne-
apolis and Omaha, both announced to-
night that they are ready to receive
freight and it Is reported that 100 strike
breakers will be here In the morning to
enable them to conduct their business
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
NEGRO Football Game. =,

Montgomery, December 2.-tspecial :
The football teams of the Negro Normal
school at this place ana the Tuskegee
Normal and Industrial school at Tus-
kegee win meet on the grounds of the
aggregations are in fine fettle and the
contest is going to be one of the most
interesting seen In many q day. Messrs.
Davis and Reynolds of the Auburn team
will be the officers. The Tuslegee team
has beaten Hampton institute and has
never known defeat. Neither has the
local squad felt the sting OF loss, so
there Il every prospect of q hot old time
when the two elevens meet.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
Peonaae Cases Set.

Mobile, December 1.-The Monroe coun-
ty peonase cases were, late yesterday
afternoon in the United States district
court. set for trial on December ., after
the three defendants had made their
formal appearance and entered pleas of
not guilty. The defendants are B. r.
Bradford, o. B. Deason and julius P.
Parish.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
Three Men Lost.

Highland Light Mass, December T.
Three men were washed overheard and
lost from the British schooner Mizpah
when that vessel was driven on the
beach tonight during gale Four other
members Of the crew were taken ashore
Ia \ hraanhas hzAnx. i
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

Dawson, Ca, December 2.-With many
women in attendance and the Terreii
county court room packed Mrs. l. J. At
kinson. was today placed on trial for the
murder Of her brother-in-law, VIII Glaze
a rich bachelor. The alleged murder was
committed August "a Of this year me
woman appeared In court dressed IN deep
black accompanied by her husband ana
father A Jury was secured with but lit
lie difficulty. The testimony by which
the state attempted to show that the de-
fendant placed strychnine In Gla.e's conee
was introduced. An autopsy showed that
Glaze died from strychnine poisoning.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
Nicaragua Is Objective Point
for Warships Laden With
Marines
REAR ADMIRAL K|MBALL
COMMANDS THE FLEET
No Marines Have Yet Been Landed In
Nicaragua But American interests
Will Be Protected BY Forces
From the War Vessels.

Washington, December NAVAL forces
OF the United States are being moved for
ward tonight to both coasts of Central
America for the purpose of protecting
american life and property In Nicaragua
by force of arms if the necessity arises
With the departure this afternoon from
Philadelphia of the troop ship Prairie,
with 700 marines aboard, for the sthmus
of Panama, and, il it be so decreed, fo4'
Nicaragua, and with the sailing from
Masdelena bay of the protected cruiser
Albany and the gunboat Yorktown for
corlnto, on the Pacific coast of Nica-
ragua. the activity of the navy depart
inent was manifest on both oceans that
wash the Nicaraguan Shores
Besides the before mentioned vessels
the cruiser DesMoines, the cruiser Ia
Off Port Limon. Costa Rica, ready for
any call upon them, and the guns of the
little gunboat Vicksburg are pointed to-
ward the custom house and town of CO.
rinto. The gunboat Princeton Is endeav-
oring to make her way from the Bremen
ton navy yard. Washington, to Corinto
also.
With the probability of many delicate
questions arising in Nicaragua and of
their demanding immediate response, the
navy department decided to send flag
officer to Nicaragua to take command
of the American naval forces. Rear Ad-
miral William w. kimball was chosen
for that duty. He sailed for Colon, Pau
anna, today on the Prairie. He will make
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

watch has been kept on him. although
there has been no attempt to restrain him
m any way. Zelaya also expressed the
belief that in all probability Consul Cal
dera's reports have shown Partially In
favor af thA xovarnment's enemien.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03
zeIaya on Defensive.

Managua, December 2.-lThe action Of
the American Secretary of State in dis
missing Senior Felipe Rodriguez. the Mica
sraguan charge d'affaires at Washington,
has greatly surprised President Xelaya.
who reiterated today his belief that the
Nicaraguan government was justified in
executing the Americans, Groce and Can
non. who were affiliated with the revolu-
tionists. Zelaya will take no action until
he has received further information on
the subject and learns definitely the in
of the United States.
The American consul Mr. Caldera, VIII,
is of Ncaraguan birth, but a naturalized
American citizen. is still at the consulate
attending to this duties In the opinion
of President Zelaya, Calders. sympathiEes
with the opposition party and Z slone
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-03

pb,,oda,Yb,. 1,aoa,,,o,. . ca...
rear od,,iral of tna Ir,,itas So ns .
1u,o battaIions ~ ,,,ari,s Sass ,ass !
in,nlemerts of NOV 49, a,sd,,a. ,.,,.N.e,'.
90 r,,naisn sa,rst tha t,,,,s'n.'. c.,
Amayicen ren,,l,,,o ~ >r,,ora.s,,a ~ ~
assarv tha a,,s;,;.r,, .,,,e.a r a, ~. :. .o.-
aground nm the sof. MA ,s t,,a nj. -, -
,jver toni.bt fau, ho,,rs e.. 49,
tnr arahnr - ~ p,,,,ss.,s,.sN el wes
ha,,na fo,. tha ca.,tssa n,.. navy yalu
be stilv s,,r,,,,onad s,o,, 9a,,s es ms.e 's.,.
thar ssistanca - ,s haraa 10y alu WI ~
vesse, 60 tha+ - , a - 1850 " sease .no
cssa .ar,,, t~,,,-rrls rs,s,.ss - " ~
IT, ,s rot ha,ievad that s IN
;,,s',r, INC Vessel sus-
a a' M neesssais .ue
Ie., ea. % ~. ~ tne cruiser
DA,e, WHICH iee ~ seau.mess ~ tne rnii-
Aoeipnia navy yaro, Inc frairle IS
agrouno ABOUT % miles peioW tnis city.
Reports that stern measures would be
ADOPTED against Nicaragua were given
added weight today when Rear Admiral
William W. kimball reached Philadel-
phia from washington and boarded the
Prairie as passenger bound for the
turbulent zone. In addition to the bat
talon of 400 marines under the command
of Major Smedley d. Butler, which had
already been slated to 60 to Panama, a
second battalion commanded by Maj P