davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1909-02-24
ARKANSAS LAW IS UPHELD BY COURT Validity of Anti Trust Statute
 Is Fully Settled PRICE OF MEAT ! INVOLVED In the Arkansas Case $1o,ooo Fine Is Imposed Upon Packing Com
 pany on Charge of
 Combine.
PRICE OF MEAT INVOLVED

Washington, February 23-In the opinion of Justice White, the supreme court of the United States upheld the validity or the Arkansas antitrust law or lsoo' which provides a penalty of from s2Oo to $500 for each offense and the forfeiture of the right to do business in the state. The decision was handed down in the case of the Hammond Packing company of Chicago, which it was charged hao combined with other packers to fix the price of meats, vs the state of Arkansas. The case originated in the circuit court of Pulaski county, Arkansas, where No'O0o fine was imposed.
 That verdict was sustained by the Arkansas supreme court, whose finding was today affirmed. The constitutionality of the law was attacked on the ground that it impaired the obligation of con- tracts, denies equal protection under the | law and stands in the way of legal pro- cess. It was also contended that inas- much as the packing company is an out side corporation it's offense, if 1t com mitted any. which 1t denied, was com- mitted outside the state. It was also urged that the trial had been irregular in 1 that there had not been a jury as required 1 by the Arkansas constitution in criminal l actions.
 Justice Whites decision was against the l packing company on all those points l He gave especial consideration to the complaint that when the company refused
 to produce it's books in obedience to ar
 order from the court, judgment was | given against it contrary to the fedora | ffn daRlarpd
 1t was the duty of corporation to live
 in the light of day, and to be prepared
 at any time ito exhibit its proceedings t'
 it's creator, the state"
The Birmingham age-herald., 1909-02-24
DAYS RECORD IN
 COUNTY COURTS

Although neither division of the circuit court was in session after the early morning hours yesterday the other courts had busy day and quite goodly volume of business was dispensed with.
 In the first division of the criminal court the case of Joe Bunkley charged with violating the prohibition law, was tried Bunkley was convicted and fined $50 The case of John s. Cone, charged with grand larceny, was nolle pressed.
 In the chancery court yesterday the following orders were entered: Birming ham Machine and Foundry company vs. Charles Murray ct al, decree of dismiss sal; Steiner Brothers vs. P. H. Kenny, testimony published without prejudice; Mt. Pilgrim Baptist church vs. W. C.. Gewin, submitted for final decree; Lula Murphy ct al vs. J. Y. Massey ct al, decree of reference to examine into cer- tain records; A. G. Ross vs. P. c. Puck cit, submitted for final decree; Robert Jemison, Sr. vs. J. R. Lewis, ct al, sub mitted for decree upon demurrer; Mary J. Prescott vs. Louella c. Prescott ct al, submitted for final decree c. M. Elford vs. B. D. Rudolph ct al final decree entered.
 In the first division of the city court several cases were settled, number were dismissed and the remainder of the dock ct was continued.
 In the second division of the city court the case on trial is that of F. J. Glenn vs. Birmingham Railway, Light and Pow CT company. The jury in the case of James w. Barnhart vs. Birmingham Rail- way, Light and Power company returned a verdict in favor of the defendant.
 In the third division of the city court the case of Isaac Barnes vs. Birming- ham Railway, Light and Power company is on trial. The jury in the case of A. s. Bridgewater vs. Birmingham Rail- way, Light and Power company returned a verdict in favor of the plaintiff award ing him $144 damages.
The Birmingham age-herald., 1909-02-24
POLYTECHNIC NOTES.
Monday Was-a Day of Many Holiday
 Events at College.

Auburn February 23.-(Special.)-Ye terday was a holiday at Auburn and was filled with many interesting events. The day is set apart at college as senior class day and the usual exercises were held at 10 o'clock in Langdon hall The follow ing programme was rendered: Introduce tory speech by president of the class, B. F. Harris; history of the class by $. H. Richardson; poem, by Miss Hattie Finley: oration, by w. s. Childs; proph- ecy, by B. A. Webb. The exercises were unusually interesting and attended by large number of visitors. The senior class contains 115 students.
 Another interesting event of the day was the championship class football game between the seniors and sophomores. The game was exciting throughout and att tracted a large crowd It was hard fought and resulted in tie, nothing to nothing. The present senior class has never been scored against in football, but has tied for the class championship for three successive years.
 Perhaps the best inter-society contest of the year was held here last night be- tween the Wirt and Websterian Literary
 societies. Langdon hall was filled and
 more than usual interest was taken in the outcome of the oratorical contest. Following is the programme: Introductory address, by President G. A, Young of the Websterian society; "1t Is Better Further On," by A. G. Hub bard; Socialism, by A. S. Young; "The Need for Men" by D. NJ. Clements;
 'The Supremacy of the Law" by w. c, l Oliver. The judges awarded the medal l to D. M. Clements.
 | An interesting basketball game was played here last night between Auburn and the Montgomery Y. M. c. A The game was close and exciting. Montsom- cry defeating Auburn by the score of 34 to 26
The Birmingham age-herald., 1909-02-24
Judge ". F. FO1t WEI Be
 On Bench 977is Morning

ment of his appointment came somewhat as a surprise MT. Fort states that he himself did not expect the appointment.
 Judge Greene will leave about the mid dle of next week for Florida to spend some time with the hope of reeuperating Friends of the judge entertain some fear about his condition. It will be recalled that Judge Greene spent all of last summer in Wisconsin, and when he re- turned to Birmingham he was apparently in good health. However the work on the bench has been hard and straining, and has proven too much for Judge Greene. The announcement yesterday that he would leave the bench, even tempora- rlly, prompted many expressions of regret among members of the Bar association.
The Birmingham age-herald., 1909-02-24
British Want the Wriohts,

London, February 2s.-The British government, which has been much crit icised of late for legglng behind in experiments in, aerial navigation, has now called to its assistance the best available experts for advice with re- gard to future policy. In making the announcement in the house of conn mons this afternoon, Secretary of War Haldane added that the government was considering the advfsa bil1ty of trying to secure tho services of the Wright brothers and their aeroplane.
The Birmingham age-herald., 1909-02-24
STREET GANGS ARE
 KEPT ON THE JU MP

The street department of the city of Birmingham has been doing more work, and has kept hustling as never before in over a year. During the past week Street Commissioner McCartin has been working his 150 men on re- pair work alone, and the calls and complaints have far outnumbered the ability of the men to get around.
 However, a great deal of fine work has been accomplished. The rains have caused washouts, freshets and deep holes in the streets, while the de- partment has been called upon repeat edly to open sewers and catch basins.
 One hole in the street near the Hous- ton Biscuit company on Avenue E and Twenty eighth street required two car loads of cinders.
The Birmingham age-herald., 1909-02-24
CORONER PROBES
 FRANKLIN'S DEATH

Jasper. February 23.-(Special)-Ea yesterday morning Coroner Sam B. Day received his first official can as coroner of Walker county. This call came from Cordova and summoned him to come and view the dying form of Bert Frank lin, a well known white man who has resided for some years in that vicinity. Quickly responding to the call the cor oner reached Cordova at an early morn ing hour and being directed to the water tank on the banks of the Warrior river, there discovered the body of the dying man, who expired few minutes after the arrival of the official.
 The coroner discovered that the man had been struck in the back of the head
 with an iron pin; that his clothes were cut and his pants pockets turned wrong side out In the left side pocket of the victim the coroner found s7.75 in money.
 His skull was broken.
 Coroner Day immediately summoned
 and organized a jury and began a vigilant
 investigation, which will probably con- tinue for some days. In fact the jury adjourned until Monday next to await further developments.
 Burt Franklin, the dead man, is about | 30 years of age and is prominently con | nected in this county, having married Tn the Brasfield family. He leaves a Wife l and three small children. By trade he l is a coal miner. but 1t seems that he had 1 just returned from Amory, Miss, near
 which place he is said to have purchased l a farm.
 1 It Is said the last message Mrs. Frank l lin received from her husband was let | ter he wrote at Amory, which came to | her on Saturday. She did not know Of
 his return until informed of the mis- | fortune which overlook him so near the | door of the family home.
 The consensus of opinion is that MT 1 Franklin was attacked by murderers with
 intent to rob him of his money. 1Aere 1 seems to be no clue at present to the perpetrators of this foul deed but there l is much sympathy and great indignation
 expressed by the friends of, the family and every effort will be made to capture 1 the criminals.
The Birmingham age-herald., 1909-02-24
Officials Visit Sheffield.

Sheffield, February 23.-(SpeciaL)- J. S B. Thompson, assistant to Presi- dent Finley of the Southern, and H. E. Hutchins, general superintendent of the western division of the road in their private cars and c. A. Benscoter. assistant general passenger agent, were in Sheffield yesterday in consultation with J. w, Warrington. vice presi- dent of the Sheffield company. Moth . ing was given out as to the object of the visit, but MT. Warrington stated that he would probably have some thing to give out later.
The Birmingham age-herald., 1909-02-24
AMUSEENTS
Praise for M Rogers.

The New Orleans em among other things says of Max gers, who comes to the Jefferson thee tonight in his newest comedy, entit Tn Panama;
 "The majority, and very large ma- jority too, of thosefho greeted Max Rogers and his splhid company In Panama,' ,'~ at the Tub theatre Sunday night, were of the lion that in every way the musical eddy was the best entertainment of it's nd that has come this way this seasoiJudged from any viewpoint the piecehust be described with superlatives."
The Birmingham age-herald., 1909-02-24
RED GROSS CIRCLE
 MEETS TOMORROW

A meeting of the Jefferson county circle of the Red Cross society of the United States will be held in the Y. w. c. A. rooms in the Watts building tomorrow morning at 10 o'clock. The acting sec- retary, Mrs. c. P. Orr, has requested that there be full attendance. The local circle is a part of the national organiza- ton which is indorsed and encouraged by the national government and the or ganization here will take steps to put itself upon a firm and substantial basis.
 Officers of the society point out that Birmingham needs an organization of this kind especially because occasions are ire quently arising where organized relief work is very necessary.
The Birmingham age-herald., 1909-02-24

William E. Fort, formerly private secre- tary to Governor Conner, who will act in the capacity of senior judge of the Jeff fersen county criminal court during the indefinite leave of absence of Judge Dan A. Greene, came up from Montgomery last night and went directly to the office of the clerk of the criminal court and took the oath of office. He will assume charge of matters in the criminal court this morning.
 While it was somewhat generally ru- mored about the courthouse during the early part of the week that Mr. Fort would succeed Judge Greene in case he resigned or was granted a leave of ab- sence, to the general public the announce
The Birmingham age-herald., 1909-02-24
COMMERCIAL CLUB
 TO MEET FRIDAY

The Commercial club will hold it's post poned meeting Friday afternoon at 4 O clock with >President John l.. Raul in the chair. The meeting will see the Greater Birmingham bill read and ln- dorsed. The action of the senate on the United States Steel corporation mer- ger Is apt to come up for discussion once more and further words of con demnation will probably be heard, pro- testing against the recent action of the Senate subcommittee. A number of oth- CT important matters will also be taken LID,
The Birmingham age-herald., 1909-02-24
Maiestic+audeville.

The wonder of tA week is how Le Compt can bite of and chew red-hot metal, melted lead, bite the white-hot end of a piece of calbon and eat fire as he does. He has aFonished four large audiences at the Majestic already this week and the older he week grows the more people are astnished. His act is only one of the seHral good acts this week, among others Icing Orth and Fern as the pianist and messenger boy, La Mont a singer of exceptional voice; Gold win Patton and comiany in MT. Strang- err; Leo Carillo, Chinese mimic, and Jimmie Wall, the dlaint minstrel man. There is a matinee every afternoon and a performance everJ night.
The Birmingham age-herald., 1909-02-24
Pensacola Quietinq Down.

Pensacola, February 23.-With only an occasional remark regarding lynching Pensacola has. quieted down from its ex- citement of yesterday attendant upon the threat to lynch the negro Spear for SSill- ing young white man and his removal from jail to the navy yard by a com pany of marines. The man is to be kept in the navy yard jail, which is within an enclosure, until such time as the sher- if deems it safe to remove him to this citV
The Birmingham age-herald., 1909-02-24
Horticultural Bill Laid Aside.

Washington, February 2S.-The agri- cultural appropriation bill was dis cussed for two hours in the senate to- day and was then laid aside until to- morrow. The amendments making ap- populations enabling the promulga- tion of standards for different grades of cotton and for the grading of grain were ruled to be out of order.
The Birmingham age-herald., 1909-02-24
SLAUGHTER OF DOGS
 WILL BEGIN TOMORROW

everyone who expects to save his dog must muzzle it at once and keep it mug zled for 60 days.
 At least ten mad dogs have been killed in the city within the last ten days and a number of people have been bitten. The mayor thought it best to take active steps for relief
The Birmingham age-herald., 1909-02-24

Every dog in Birmingham must be mug zled by tomorrow Early in the morn ing the greatest slaughter of dogs ever undertaken will begin and an effort will be made by the city authorities to ex- terminate the rabies malady which has been spreading so rapidly of late
 The city has given ample warning and
The Birmingham age-herald., 1909-02-24
FORT IGNORED BY
 CAPITOL FAMILY
RETIRING SECRETARY IS PRE-
 SENTED WITH HANDSOME CANE
 AND UMBRELLA ON HIS DEPART
 URE FOR BIRMINGHAM.

Montgomery, February 28.-(special.)- Members of the capitol family present. ed w E. Fort, retiring private secretary to the governor, a handsome cane and umbrella before he left for Birmingham today The speech was made by Attorney General A. M. Garber. MT. Fort was so surprised he could hardly control his emotions long enough to respond.
The Birmingham age-herald., 1909-02-24
New Pole Vault Record.

of the University of Chicago broke the worlds indoor pole vault record today by clearing the bar at 12 feet 3 inches in the dual track meet between the Chi cago Athletic association and the Univer- sity of Chicago at Bartlett gymnasium.
The Birmingham age-herald., 1909-02-24
One More Juror Needed.

San Francisco, February 2S--The sixth week of the trial for bribery of Pat rick Calhoun, president of the United railroads, opened today with the prelim- mary examination of the fourteenth spe- cial venire summoned in the case. Only one more juror is needed to fill the box but it is likely that an effort will be made to disqualify. some already passed.
The Birmingham age-herald., 1909-02-24
Neuro's Life Threatened,

Mount Vernon, Ills, February 23.-A mob led by negroes for a time today threatened the life of James Lewis, a negro who, while on a rampage. shot Sheriff Irwin and four negroes. For time excitement was at high pitch It Is thought that Sheriff Irwin will recover,
The Birmingham age-herald., 1909-02-24
Marriaae licenses Issued,

Marriage licenses we're issued from the office of the probate court yesterday as follows:
 H. Y. Rodgers of Birmingham to Miss Vivian Marshall.
 James Joseph Robinson of Warrior to Miss Margaret Crane.
The Birmingham age-herald., 1909-02-24
"The Honnooners."

The playgoer Is cddered fortunate If a production furnishIeither good plot, a good cast sor slle song hit. It is no wonder then tha5eorge M Cohan's "The Honeymooners which has 20 big musical numbers, powerful plot, superb cast and 40 Bhing chorus girls. is breaking all recoi for popularity on the road just as idid all last sum- mer in New York the New Amster- dam theatre wherdduring the entire heated term it plat to winter prices and record-making teipts. It is booked for tomorrow, matiH and night, at the Jefferson theatre.
The Birmingham age-herald., 1909-02-24
Deputy Sheriff Dies of Ills Wounds.

New Orleans. February 23.--Hcnry ampaigne, a deputy sheri: of St. Mar tin parish, who was shot Saturday by Albert Daspit in the course of an cleo tion TOW at Breaux Bridge, dicd st tho Hotel Dieu here today from his wounds Daspit is held on the charge Of his murder.
The Birmingham age-herald., 1909-02-24
Mrs, A, B. McLain,

Funeral services over the remains of Mrs. A. B. McLain will be conducted from the parlors of the Gaudin Under taking company this afternoon at 8 o'clock. The lnterment will be made in Elmwood cemetery.
The Birmingham age-herald., 1909-02-24
DEATHS AND FUNERALS
Joseph Meyer.

The remains of Joseph Meyer, who died Monday night at the family residence, 1631 Tenth avenue, south, will be sent to Selma, Ala, this morning at 630 o'clock by Shaw & Son for interment The deceased is survived by widow, a daughter, Miss Bernice, and son, Julian Meyer.
The Birmingham age-herald., 1909-02-24
Buried In Sewer cave-In.

Seattle. February 23.-While working in a sewer on the Alaska Yukon Pacific exposition grounds today Daniel Roberts was killed and nine of his companions buried for a time under S4 feet of debris by cave-in. The imprisoned men were not seriously hurt. ->
The Birmingham age-herald., 1909-02-24
Severe Storm at Monroe.

Monroe. La., February 23.-A severe rain and wind storm struck Monroe this morning. A number of buildings were partially demolished entailing a loss of several thousands of dollars. No lives were lost.
The Birmingham age-herald., 1909-02-24
Mix For Lame Back

To one-half pint good whisky, add one ounce syrup sarsaparilla and one ounce Tors compound, which can be procured from any druggist. Take in teaspoon ful doses before each meal and before retiring. This recipe is never-failing. Leading specialists prescribe 1t.
The Birmingham age-herald., 1909-02-24
Fire at Luverne.

Montgomery, February 2S.-Fire at Luverne last night destroyed the city court room and the postoffice, besides other buildings. The loss will be about $12,O00 most of which is covered by insurance.
The Birmingham age-herald., 1909-02-24
Cecil sponer.

The dainty little coedienne and dancer Miss Cecil Spooner, Ill be seen in this city for two weeks the Bljou, begin ming next Monday Hht. She will pre- sent first her latestsuccess, from the pens of Charles E. fancy and J. Searle Dawley, entitled 'Is Dancer and the King" It Is a rhantio drama, and as well costumed Hay, with plenty of music numbers, coni1y and pathos. The story is laid at the burt of the mythical king of Bavarre, l which place the play has been loeted. The principal character, that of Lola Montez, the dancer, as portrayedpy Miss Cecil Spoon CT, was suggested bithe incidents in the career of the celebrted dancer, and re- Iating the story of bw one of the royal blood falls in lovd with her, playing such havoc with hi heart and the af- fairs of state as bring down upon him the wrath of lB disloyal cabinet.
 Miss Spooner will lot only be seen in the above play, for he will also appear during the latter hal of her first week s engagement in her uccess of the past season, 'The Girl 1affles." Both pro- auctions will be mag5fcently staged and will have the same Ne York cast.
 For the second wfek of her engage ment Miss Spooner klll appear in 'The Girl from Texas" Ind "The Girl and the Detective.'
The Birmingham age-herald., 1909-02-24
Death of Infant.

The infant son of MT. and Mrs George F. Hood is dead at the family residence, 513 South Twenty-fifth street. Funeral services will be held this afternoon at 8 o'clock at the residence and interment will occur at Elmwood cemetery.
The Birmingham age-herald., 1909-02-24
At the Eavetv.

The king of all hnjoists Al Reeves, and his big beauty show are packing the Gayety twice daily. Reeves is an old Birmingham favorite and he always makes good with the public by giving them the best he can find in the burlesque world. The waltzirg contest last night was one long laugh Tonight there will be a beauty contest. Thursday night there will be a chorus girls contest. Fri day two young ladies of the company will spar four fast rounds. Ruth Turner and May Smith are said to be quite clever with the gloves. Saturday Joe Pircente and Bob Reilley will wrestle two falls out of three.
The Birmingham age-herald., 1909-02-24
PERSONAL

David Kline, advance man for William H. Crane, Is in town. Mr. Crane will play at the Jefferson theatre March Il in "Father and the Boys,' George Ade's comedy.
The Birmingham age-herald., 1909-02-24
FortIffcations Bill Passed.

Washington February 2S.-The fortifi- cation bill, carrying appropriations ag- gregating ss,s20,111, was passed by the Senate today.
The Birmingham age-herald., 1909-02-24

Davenport Acquitted.-Judge H. B. Abernethy has dismissed the charges brought against F. T. Davenport by F. H. Laney as entirely unwarranted. It will be recalled that Davenport was arrested in Mobile.
The Birmingham age-herald., 1909-02-24
The Jeffersons "The Rivals"

Joseph and Williai NV. Jefferson come to the Jefferson thtre Saturday, mat inee and night, i'm revival of their fathers great succe! "The Rivals" Not only is the eye grlfed by witnessing one of those "old -shioned' comedies, but the mind, tools reused and en- tertained and the aktor departs feeling that he has been n only diverted and amused but refresh and invigorated. In "The Rivals human heart is deliciously involved nd laughs are the jolly companions Ut lead one from scene to scene to thkery last act.
The Birmingham age-herald., 1909-02-24
Cyclone Insurance.

costs too little to do without 1t. R. B Manly & Co.,, 201S First avenue. s
The Birmingham age-herald., 1909-02-24
E. T. Shaw & Son. Undertakers.
Green Undertaking Go,

undertakine Co.. Phones 4o.
The Birmingham age-herald., 1909-02-24
THE WEATHER.

Washington, February 22.-Forecast: Alabama and Mississippi-Fair, colder Wednesday,; Thursday fair; brisk to mod erately high west to northwest winds.
The Birmingham age-herald., 1909-02-24
At th1Biiou.

People who want be thrilled to the fullness of their hrt's desire and to laugh also have an portunity to gratify these wishes at tf Bijou, where the current play is "1e Gambler of the West" A. H. Wool pretentious melo- dramatic production This is a play of the west when cowbys shot up towns and Indians unreleingly pursued the white mans scalp, hen gamblers held unchecked sway andverybody looked at his guns instead of Rwmakers for pro- tection. There will performance to- night.
The Birmingham age-herald., 1909-02-24

Weather report for 24 hours ending D. m, February 2S, 1909, local office Unit ed States weather bureau, Birmingham,