davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
Clash BetzOeen State
And Federal Courts
Is An1ic0bIy Settled

Atlanta, September 27.-United States
District Attorney Tate tonight received a
telephone message from Judge Fite of
the Dade county superior court announc-
ing that, on the advice of Attorney Cen
eral Hart, he had decided to surrender
Charles e. Stegall to the federal authori-
ties and would have him produced be-
fore Judge Newman of the federal court
here tomorrow.
Thus the threatened serious complica-
tions resulting from the clash of the fed
eral and state courts over the custody of
Stegall is amicably adjusted
Stegall, a government storekeeper and
gauger, has been held in the Dade coun-
ty jail at Trenton, Ca, since Thursday
of last week, when he was adjudged in
contempt of Judge Fite's court because of
his refusal to give the grand jury evil
dence against a dstillery at which he
was stationed, the grand jurys purpose
being to indict the distiller for violation
of the state prohibition laws Stegall de-
clined to answer the questions put to
him by the grand jury on the ground that
such information as he had was gained in
a tCHiibCtiti%ii iioAiicts 90 OH oilltldl Vi tilt
United States government. Stegall stated
that in refusing to give testimony he
acted upon the advice of Collector
Rucker.
Considering Fuckers action a defiance
of the authority of his court, Judge Fite
issued a rule to show cause why he
should not be adjudged in contempt and
Sheriff Thurman was sent to Atlanta with
a warrant for Fuckers arrest. No sooner.
however, was Rucker taken into custody
by the Dade county sheriff than a writ
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
STAMPEDE In SCHOOL IS
FATAL IN ITS RESULTS

New York, September 27.-rerrifed by
Rlack Hand stories, 1000 children STAN
peded in Polish parochial school in Jer-
sey City today when fireworks were set
Off In the street below, and in the mad
rush for the doors IA were crushed, one so
seriously that death probably will re-
suit.
1'he fatally iptursd child IS Marisnna
zelackshky, years old. The others COM
prise nve little girls and eight boys all
ranging from z to 10 years of age. All
in Jersey City hospitals, but 1t is
believed that all will recover.
The schoolhouse. three-story brick
building, is stones throw from an Ital-
ian church, which had obtained a permit
to set off fireworks during a church cele-
bration today. A rumor got out last week
among the children In lower Jersey City
schools that threats had been made to
blow up the schools with dynamite.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
GEORGE t. BAER DENIES
CHARGE OF CONSPIRACY

Philadelphia, September 27.-"There
has never been an agreement, conn
bination or conspiracy between the
companies I represent and any other
coal or railroad companies to control
the output or sale of anthracite coal, .
declared George f. Baer of the Reading
company today, when the hearing Of
the governments sut to dissolve the
alleged hard coal trust was resumed
in the federal building here.
Mr.. Baer appeared on the stand for the
first time in the two years the case has
been under way. He said that the
Reading railway at the present time is
carrying more bituminous coal than
anthracite.
In denying that the individual oper-
ators were forced to sell their coal to
the, coal carrying road on the 60 per
cent basis, Mr.. Baer said the individ
ual operators entered into volun-
tary agreement with the railroads. Th>
cost of mining and selling the coal, he
said, was expensive and by selling their
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
FORMAL REPLY OF
COOK To PEkI!E,v
Charges Brought y j Are
ARSu3T5d III
COOK READY FOR CHARGES
Or. Cook Declares That He Left In.
struments With Whitney Because
He Thought They Would
Be Safer in His Care.

New York September 27.-Dr. Cook
ciated Press formal reply to some of
the most material of the charges
brought against him by Commander
Peary. A more complete declaration
will be issued by the explorer when
Commander Peary makes his accusa-
tions over his own signature.
The statement is as follows
Commander Peary says that my
sledges were not fitted to Arctic travel
and that he would not care to voyage
to the Arctic with them. The only
sledge Commander Peary saw was half
of one which had given to Mr. Whit
ney as a souvenir. The remainder of
it had been used to make bows anc ar
rows
"As to my reasons for leaving my
instruments with Mr. Whitney, he had
told me that the Eric was coming to
Etah and would take him over to the
American side to hunt big game and
would come back latersto Annatok. The
distance from Annatok to Upernavik
by the route which I was compelled to
follow was nearly 7c0 miles. In that
journey l had to travel over high
land in two places with glaciers and
difficult places to negotiate The ice
was extremely rough and there was a
good deal of water to be expected that
would have subjected the instruments
to risk which was entirely unnec-
essary when Mr.. Whitney awaited a
ship to go to Etah for him upon which
he expected to return direct to Amer
lea.
by going to Upernavik I hoped to
get back by the end Il July or the
middle of August. 1 wanted to see my
famlly as soon as possible, as / had
been separated from them for over two
years, while Mr.. Whitney did not az
pect to get back before October ~
/ As to the charge that l had moi
| found traces of Commander Pearqy'
records at Cape Thomas Hubbard. The
cape Is rough promotory and it would
be difficult to find any distinct point
which could be positively recognized as
Cape Thomas Hubbard From Com
mander Peary's map l am absolutely
unable to locate Cape Thomas Hub
bard. We did not search for any cairn
where records might be deposited In
fact L did not know that Commander
Peary had left any records there
Considerably to the west l did see
rock which might have been a each e,
but 1t might have been merely a clump
of rocks. ] was at a very long dis
tance from it, and there was no reason
why l should have searched. I left
cache of provisions close to the be-
ginning of the cliffs of what Sverdrup
puts down as Svartevoeg. There was
no indication near where we left our
provisions
THE other points of the so-called
charges have been replied to in detail
on several occasions. L will answer
everything in the most formal way
when Commander Peary prints or
makes public his other points. Ny re-
ply will then be given out as written
statement"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28

product to the railroad the individual
risked nothing in transportation, had
no expense in marketing coal. and was
always sure of his money He said
that the uniform price charged for an
thracite coal is not the result of an
agreement.
THE public must not forget" said
Mr.. Baer turning to the newspaper
men, that 40 per cent of the output
of the Reading company is sold be-
low cost of production"
Mr.. Baer denied that the New Jersey
Central railroad was acquired to shut
off competition. He said he heard that
the Jersey Central was for sale. He
went to ]. p Morgan and told him what
he had heard, and also told him that
the acquisition of the Jersey Central
was necessary for the Reading for a
New York terminal Mr.. Morgan told
Mr.. Baer to investigate, and the result
was that the Jersey Central was Sc
cured by the Reading, not to stife com
petition, Mr., Baer said, but to prevent
competing coapanies from ruining the
Reading.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
T0DAY's AGE-HERALD.

Taft goes down in copper mine.
Clash between courts is ended
Cook replies to Pearys charges.
Pearys confers with Gen. Hubbard
Hudson-Fulton celebration.
Fatal stampede of school children.
George F.. Baer denies conspiracy
charge.
Questionable openings at the stores.
S-Anniston honors Admiral Semmes.
Hanceville is county's pivot.
4-Editorial comment
5-East Lake doing its part to further
through highways project.
Political developments are coming
fast in amendment campaign.
Store of Col. j. F. B. Jackson
searched for liquors
Lewisburg houses dynamited to stop
fire progress.
Camp Hardee observes Semmes ami
versay.
Negroes fight duel to death with
knives.
City Attorney Thach calls halt in
search Of private houses for liquor.
Cars entered for Atlanta pathfinders'
trip.
6-Three houses burn in Ensley
7-Birmingham social events.
Dolly Dalrymple's column
S--Shouldnt show wines at fair
9-Stock market is recovering.
Cotton has severe break,
Wheat advances on demand.
10-General sporting news.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28

The children of st. Anthonys school
have been particularly nervous about it,
and when the bombs went off suddenly to-
day they ran shrieking from their recita-
ton rooms into the halls and down the
stairways. There are two street door
ways, but one of them was closed. At
the closed entrance there occurred a dis
astrous jam. Here Several of the smaller
children were trampled into unconsciou
ress, while others ran back iisto the build
ing and sprang through open windows Is
feet to an areaway below
Policemen and passersby. attracted by
the cries, rushed to the scene. but order
was not restored until IA children had
been seriously hurt.
A report spread quickly that there were
phise five little girls and eight boys. all
gled In the crowd outside the building
moaning, weeping and adding to the gem
eral confusion. This is not the first riot
of its kind in Jersey City as the children
of the foreign element are constantly in
fear of the Black Hand.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28

of habeas corpus was issued by Judge
Newman Of the federal court and the
sheriff was forced to return without his.
prisoner, Rucker being released without
a contest on the part of the officer of
Judge Fite's court, Another writ issued
by Judge Newman directed Sheriff Thur
man to forthwith produce Charles E.
Stegall in the federal court here. II was
this writ which caused the serious clash
the sheriff refusing to obey IT, upon
the advice of Judge Fite. Things had
come to a serious pass when Attorney
General Hart summoned Solicitor General
Miller of Dade county to Atlanta for a
conference.
Gov. Joe Brown and District Attorney
Tate took part in the conference, and
Judge Fte's action tonight is a direct
result of the conclusions reached by these
officers
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
MEETING Is Enjoined.

Portland Me-, September 27.-An iniunc-
ton restraining the holding here tomorrow
of the annual meeting of the Davis Daily
Mining company, of which f. A. Heinze
is president, has been granted by the
Maine courts, on the petition of Newmsn n
Erb and S. M. Jarvis. yhe meeting prob
ably will be held on October 49, as October
IL is the date set for the hearing of the in
junction. The petitioners claimed that the
stockholders did not have sufficient notice
of the meeting.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
Indictments Are Made.

New York, September N.-Several indict-
ments were handed in to the criminal
branch of the United States circuit court
today by the federal grand jury. which
spent most of the summer investigating
the affairs OF the United Copper company
and charges of rebating against ocean
steamship lines and railroad companies.
At the request of Assistant United States
District Attorney Grim, bench warrants
were issued.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
COTTON MILLS MAY
NOT SHUT DOWN

Fall River, Mass, September 27.-A
meeting of the Fall River Cotton Man
ufacturers' association was held today
to consider the proposition of the Ark
wright club an organization composed
of the principal manufacturers of New
England, for the curtailment of produc-
tion in the mills.
Secretary Hathaway of the association
said tonight that no statement would be
made at this time. Inquiry among tho
local manufacturers. however, shows that
many of them are in favor of a curtail-
ment for limited period, If all the cot
ton mills in New England accept the
proposition They say there will be little
use in the Fall River mills shutting
down II the other mills In New England
are kept running.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
FREDERICK A. COOK"
Morse's Advice Not Taken.

Brunswick. Me-. September 27.-Charles
W. Morse, who was a classmate of Com
mandcr Peary at Bowdoin. can say Il
told you So to the explorer when they
meet again. While Mr.. Morse was in
Bath recently. spending few days AZ
their home, he told a number of his old
college friends that he had urged upon
Peary In 1907 the advisablity of an i'm
mediate start fo- the north, and offered
him the use of a stout ocean-going tug
which he owned. But Peary had practi-
cally completed his plans for the Roose-
welt and decided not to accept the offer.
''If he had taken that tug Mr.. Morse
said, "Peary would have made his dash
in April. 1908. and forestalied Cook"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
steaall VIII Not Yield.

Trenton. Ga, September 27.--"If you will
say that George Cureton is making
whisky | will turn you loose
Acting upon instructions from Judge
Fite of the superior court this message
was today delivered to Charles Stegall,
government storekeeper and gauger at
the county jail. where he is being held
for contempt of court for refusal to give
the jury information regarding the Cure
ton distilery.
'T will never testify until am directed
to do so by the United States govern
ment," replied Stegall. and he went back
10 his seat in the cell, which he has oc-
cupied for the past three days.
1t Is understood that deputy United
States marshal will arrive here tonight
to make demand for Stegall, acting upon
instructions from Judge Newman of the
federal court
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
CAPTAIN Badly Treated. |.

Ottawa, Ont, September PA mes
sage from DR.. Frederick A. Cook to the
Ottawa Free Press, in response to an
inqtiiry as to the delivery of supplies for
DIR. Cook by Captain Bernier, in charge
of the governments steamer Arctic. now
cruising In the north, indicates that Cap
tain Berner met with unfriendly treat
ment at the hands of Boatswain Murphy
of Peary's crew.
DR.. Cook wires srom New York
''Bernier brought supplies sent by Mrs
Cook. Left them at Etah In care of
Harry whitney on August 20, 1905. Ber-
nier asked for Esquimaux and dogs and
was refused by Murphy In Bernier's let
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
Saw Some Pictures

"Well | have seen pictures and read
about them," replied Mr.! Hammond.
The upward journey In the cages, with
$500 horsepower eng1ee pulling at the
cables. was accomplished in just half
the time occupied In the descent, and at
a speed which made the inexperienced
gasp.
During his journey through the mines,
the President was within rs feet of fire
which has been burning for four years,
and which has defied all efforts to extin-
guish it,
At Butte the President was presented
with full sized golf club-a driver
made of copper, silver and gold the
three metals that have made Butte fa-
nous.
On the head of the driver the following
inscription was engraved
'William Howard Taft. champion 1909
1s1s-an then some Butte, Mont, Sep
tember 81, 1909"
In the course of his speech at Butte
the President said:
II am mighty glad to see you. and
the reason why am mighty glad to see
you is that I cannot help but feel from
your kindness and cordiality that you are
glad to see me. / am deeply pleased at
character. and especially glad that | am
looking into the faces of democrats as
well as republicans, and that we are all
here without thought of party, and only
to give expression to the feeling of COM
mon interest in our common country aud
love for our dear old nag
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28

Washington, September PA mail
pouch designed for Fort Smith, Ark was
stolen and rif1ed this morning on train
bound from Sloan Springs. Ark, to Tex
arlSana. This Information was sent to the
postofffce department today by the post
master at Spro, Okla. 1t is not known
here whether the pouch contained any
thing OF great value.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
Thirty Balloons Start.

Paris September 27.-The 30 balloons
which yesterday started from Paris in the
French Aero clubs long-distance race
we're carried to the south by the wind.
Several of them landed on the shores of
the Mediterranean.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
Governor Johnson's VIII Filed.

st. Paul. September 27-The late
Governor Johnson's will was filed ir
the Ramsey county probate court late
this afternoon. The value of the es-
tate is estimated in a petition for pro-
bate 'in excess of $4,000"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28

explained to the President. One of the
local committee, who had accompanied
Mr.. Taft down into the mine, and who
did not recognize John Hays Hammond,
the mining engineer, in an oilskin coat
and souwester, started in to explain the
system to him, too.
"But perhaps you have been in mine
before suggested the committeeman.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
Waae scAe slaned.

Pittsburg, September 27.-The Ameri-
can Window Glass company signed a
wage scale today with the window
Glass Cutters and Flatteners' Protec F..
tive Association of America. BY this
scale the company agrees to pay an
8 per cent advance in wages, making
the wages the same as those paid in
the hand blowing factories. Practi-
cally all the old men will return to
work ending the strike which has
lasted three weeks.
ter. Beechey island, Lancaster sound was
given as his next winter station. See
Whitney OH Jeanie. now at Battle Har-
Dor, Labrador.
FREDERICK A. COOK"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
Rain SpoiIs Plans.

Although rain today forced the largest
part of the Hudson-Fulton crowds to
make the day one of rest within doors
and necessitated the postponement of the
aeroplsne flights and the balloon race in
Albany. the more formal part OF the
morning and afternoon programme, In
Arizona republican., 1909-05-05
RApIUM sUtPHUR spRlNes

Take baths in liquid sunshine.
 Water in California. It revivifies
 It sparkles and foams like Champ :, Stomach. Liver, Kidney and Bio Poor CirculaHeTf. Malaria. Asthma
 Disease. Paralysis, Nervous and vety, hair glossy stops hair fallil lrge. Water by bottle or case. $ direct to Springs; 5c far
Arizona republican., 1909-05-05
DISGUSTING CATARRH
Cure it by Breathing Pleasant Heal.
 ing Antiseptie Air.

On Oct 12, 1908. Mrs A. Cutler. of Battle Creek, Michigain, said of Hyomei pronounced Hig-o-me) the no cure, no pay catarrh cure:
 We have praised Hyomei during the past four years, for the reason that it cured Mir. Cutler of catarrh in 1904. Mir. Cutler strongly endorses Hyomei-"
 Hyomei is the only sensible reme- dy for catarrh because it is a sooth- ing anti-septic air that when breath ed into the lungs reaches every spot where catarrh germs flourish and promptly kills them.
 It's record of cures is so wonder full that the Larson Drug company guarantee Hyomei to cure catarrh, croup, asthma and hay fever or money, back. It gives most gratify ing relief to consumptives
 A Hyomei outfit cost, including in haler and bottle of Hyomei. $10O and extra bottles s50- cents And, Heading druggists everywhere sell Hyomei.
Arizona republican., 1909-05-05

if the voters of the county of Mari copa should determine to vote the Tempe site. that the board of super visors would have authority and power to construct a bridge at that site. even though it is within the corporate limits of the town of Tempe. However, de- string the board of supervisors to un- derstand that this opinion is solely upon the question of law, and not as to whether the Tempe site is or is not the most desirable one to vote for.
 Another question that has been sub mitted to me for my opinion is as to what number of votes it takes to au- thorize the board of supervisors to build bridge at any site. As is gen. orally understood by the public, there are three sites to be voted for-the Tempe site, the so-called Center street sit, and the so-called Agua Fria site. Each one of these three constitutes a separate proposition upon the ballot. In other words, the voters have three propositions to vote for. They may vote Yes on all three, or they may vote No on all three, or they may vote Yes on either one or two of the three. and No on the other proposition. The law. however, provides in section of the act, upon the determination at such special election by a majority of the taxpayers voting at such election at which point or points such bridge or bridges shall be constructed, it shall be the duty of such supervisors to pro- ceed forthwith to construct said wagon and foot bridge across said stream at s.I rg~fN election. There can be no misconstruc- ton of this statute whatever. The law does not say the majority of votes cast for proposition; the law says that the site must be determined by a ma iority of the taxpayers voting at such election, not voting on each particular proposition. but voting at such cleo ton. Therefore, in order for a site to carry it must be favorably a majority of the votes of all of the persons vot- ing at such election. In other words, if there are 1000 persons who cast their votes at the forthcoming bridge election, in order for any site to carry. it must receive at least 501 votes. If there are 1000 persons vote at said bridge election. any site, to carry. must have cast favOrably for it 1.001 votes and so on in proportion to the amount of votes cast l would. howe -er. ad- wise. in order that there may be no confusion upon the question, that every voter who votes in this bridge election should vote Yes or No on all of the propositions submitted.
 This, think. covers all of the ques- tions requested of me.
 "I have given these questions earnest thought and earnest investigation, for the reason that I know that Tn some directions. on each side, the feeling on this question is very hard, and 1 was earnest in my desire, as I always am. to be absolutely impartial in rendering an opinion. and I am thoroughly sat isfied that the law I have announced in this opinion is the law which gov erns the questions submitted to me for an opinion Very respectfully.
 "G. P BILLIARD.
 District Attorney of MaricOpa Coun-
 ty, Arizona Territory"
Arizona republican., 1909-05-05

Drink the most radio
 and rejuvenates-keeps pagne. The Hot Baths pod and Skin Troubles, !. Chronic Colds. Neu-
 Spinal Diseases, AlcO- ng out. Chronic cases lend for booklet. Take re.
Arizona republican., 1909-05-05

 from Los Angeles-in the Splendid trout fishing and cenery-every convenience; .thern California. For de- "AZuSa" 5239.
Arizona republican., 1909-05-05
CHEERFUL IN DEFEAT-Wa

Davis, the democratic candidate for city marshal last night after the count said that he was neither sore nor dis appointed. He desired to thank his democratic friends and a large number of republican friends who has support ed him. He was gratified at the showing he had made and said that he was glad that he had made the race He was particularly glad that he had made a clean. race.
Arizona republican., 1909-05-05

COlegrOve. Los Angeles. active. curative Mineral you healthy and young. cure Rheumatism, Hear Constipation, Obesity,
 ralgia. Sciatica, Bright! holism. Makes skin We cured. Physician in ch "Melrose Av." cars via
Arizona republican., 1909-05-05
LOW SUMMER RATES
HOTEL SANTA RITA

11o4 s. Main St., Los Angeles.
 Opened Jan. 18th. 1909 A strictly modern 7O-roOm house. European plan. Two blocks from Hamburger's Dept. Store and theater. Write for reserva- tions. W. J. Schrader, Prop.