davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Ballinger Replies
To Charges Against
Him OF Land Frauds

mining their validity or invadity was
been vigorously prosecuted.
Mr.. Ballinger denounced as plain, or
binary Justification" a report that he Is
interested in $4,000 shares of the Alaska
Petroleum and Coal company. The
statement that or my former firm was
attorney for this company, ever ad-
vised or counseled it in its effort to ac-
quire title to public lands. is also without
basis In fact" he added. 1t was true that
in his private practice after he had re-
signed as commissioner of the land Of
flee he had been consulted In the prepara-
ton of articles of Incorporation under
the law of 190S which had been approved
by the President and which permitted
the entry of as much as $3.50 acres of
coal land, but not true that either in this
or any other connection he had given
any advice looking to a fraudulent act
against the government.
Asked about a statement that he said
that the proper course to take with the
public domain was to divide II up
among the big corporations and the people
who know how to make money out of 1t,
Mr.. Ballinger replied:
$50 asinine a statement hardly merits
a denial. OF course I made no such
statement. Such thought could not be
entertained by any normal intelligence
What l really think in regard to the pub
lie domain and the conservation of natu-
raj resources may be found in my official
reports as commissioner of the general
land office and in my present annual re-
port soon to be published I have not
only been consistently in the vanguard of
the conservation movement but | have
sought to give it permanence along lines
reasonably within the spirit of the pres
ent law, and to secure adequate addi-
tional laws
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20

ST. Paul, November 19.-Judge Walter
II. Sanborn, in the United States circuit
court OF appeals. today, handed down an
opinion setting aside the verdict and or
dering a new trial in the case of the
United States against the Union Pacific
Coal company, the Union Pacific rail-
road, the Oregon Short Line railway,
James M. Moore and Everett Bucking-
ham, charging them with violation of the
Sherman antitrust law by forming unlaw-
full combination.
While the suit was brought in the name
of the United States, proceedings were
started by a Salt Lake City coal dealer
named Sharp, who charged that the Union
Pacific Coal COMPANY refused TO sell him
coal, ard that the railways refused to
haul the commodity for him because he
sold coal at lower figure than his com
petitors.
Judge Sanborn holds that there was no
substantial evidence of any combination
between any two of the defendants either
to refuse to sell coal to Sharp or to refuse
to transport it for him. The lower court
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20

Washington, November ls.-tSpeclaL'-
The current number of Everybody's Mag
azine has an article which was read
here today with keen interest by public
men. In its last issue this magazine had
q statement which gave President TART $
views on legislation during the extra ses-
sion of Congress that was decidedly more
favorable to the Aldrich-C Payne
combination than was relished by the re-
publican insurgents in Congress, Five OF
the insurgent senators have. therefore,
been induced to speak their minds about
the situation that confronts the party
and the American people. They are Dol
Nyer, Cummins, LaFollette and Bris-
tow.
Cummins is fiercer than any of the
statesmen who have given vent to their
feelings, even though the others are
rather caustic, too. He fatty accuses
Aldrich Cannon, Hale, Payne and the
balance of the republican bosses OF leg
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Head OF Postal Denies
Interest In Big Deal

New York, November 19.-(Special)-
Clarence Mackay, president of the Mac
kay companies, issued the following
statement to the public this afternoon;
I'VE have had nothing % do, either
directly or indirectly, with the combina-
ton of the American Telephone and Tel
egraph company with the Western Union
Telegraph company. We have not wished
to join 1t and have not been invited to
join it; there have been no negotiations
whatsoever with us in regard to the mat
ter and there is every reason why we
should not have had anything to do with
It, We knew nothing about 1t until the
day when 1t was publicly announced.
'sIt Is true that we own large block
of stock of the American Telephone and
Telegraph company, but that is one of
our many Investments. We have never
had and have not now any representation
on the board of that company and our
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20

Washington, November 1s.-No con-
firmation has been received at the state
department of the report that Chile mas
expressed Willingness to sign a protocoi
submitting the Alsop claim to the Hague
tribunal for arbitration.
In the preparation Of the protocoi
signed by the American minister, MI.
Dawson, and the Chilean minister of FOR
eign affairs, this government conceoeo
practically all OF the suggestions put for
ward by Chile. but when the protocoi was
finally rejected this governments fur-
ther use in maintaining legation IN
Santiago, where the official act of the
foreign minister was dscredited, ceaseo'
and withdrew it's representative.
This case has become irritating to this
government from the fact that Chile mas
repeatedly admitted her liability but mas
often asked for additional time In wnleh
10 settle. In 1894 Chile offered as an
excuse for not paying the claim the ract
that she was financially embarrassed and
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
INSURGENTS SPEAK OUT
AGAINST OPPONENTS

islation of giving aid and comfort to
every transportation company, every
monopoly, every combination that Con-
gress ever attempted to regulate or COR
rect Scoring them further, the Iowa
senator says:
They have been on the wrong side of
substantially every question that the
growth and development of the country
have made important. They opposed all
of the reforms that made the admin
1stration of Roosevelt illustrious, and
when they were driven by the over
whelming force of public opinion into
passive support of any of these meas
ures. they used all their arts and all
their influences to render as ineffective
as possible the laws that were enacted" !"
These insurgents also make it plain that
1t is their intention to wrest control of
Congress from the present managers and
the talk that is at the elections next
year they will endeavor to have repub-
licans nominated in districts that are
known to be opposed to the rule of the
Aldrich-Cannon combination.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Nicaragudn Trouble
Leads To Conference
Upon Broken Treaty.

Washington, November 19-Broodng
quiet settled down today on the strained
situation this government finds itself in
with Nicaragua. But if everything was
quiet on the surface. there was plenty
stirring beneath. A communication was
received at the state department from
the Nicaraguan legationj the purport of
which was not divulged, and the ministers
from Guatamaa and Costa Rca held
mysterious conference with Assistant Sec
retary Wilson in the afternoon.
A significant development of the day, in
esmuch as it disclosed this governments
uryieding determination not to interfere
with the Nicaraguan revolutionists, was
the reiterated announcement that the
state department would not act to Sc
cure the safety of any American vessels
that might be held up or seized by the in
surrectionary war vessels now blockad-
ing the government forces at Greytown or
elsewhere on the Nicaraguan coast.
The deepest interest is apparent as to
the conference between Assistant Secretary
Wilson, Senior Calvo, minister from Costa
Rica, and DIR. Herrarte, minister from
Guatemala.
1t is believed that the infraction of the
existing Pan-American treaty signed here
little over two years ago was the chief
matter discussed
The violation of the agreement was COM
mitted by General Toledo, in command of
President Zelaya's forces, when he invad-
ed Costa Rican territory Ia his advance
on Greytown, where he is now besieged
Ia the threatened trouble between Mica
ragua and Venezuela only a short time
ago, the United States stood ready to pre-
vent. by force If necessary, the passage
of the belligerents across the neutral ter
rtory of Honduras This is pointed to
by diplomats tonight as indicative of the
gravity of General Toledo's offense
against the Pan-American compact.
That the revolutionists under General
arg itaur % for
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20

stock is not consulted or considered any
more than the stock of any other stock
holders. as you will see from the fact
that we knew nothing about this deal
until ii was publicly announced.
"The statement that Mr.. William Fl.
Baker represents us is incorrect He
does not represent us in anything in the
slightest degree. Neither have we had
anything to do with purchases of tele-
phone companies In the middle west. Our
company is slow and conservative in its
investments, but swift and aggressive in
its service. We are not disturbed in
any way.
I'VE have successfully met hard conf
petition for over % years. and have pros
pered, and are in first-class financial con-
dtion-better than ever before. We have
waited until this matter had smmered
down so that we could make one state
ment covering the whole subject. As [
stated several weeks ago, competition will
continue, and II will be real competition,
the same as heretofore
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
CONFESSION OF
MURDEROUS ACT

Greensboro, N. c., November 19-HiSlm
Elliott, who, with Dan Coble, was sent
to jail yesterday without bond to await
the action of the grand jury on a charge
of killing Simpson Coble, brother-in-lay
and son respectively of the defendants.
practically confessed today that he was
the man who struck the blow which re-
suited In Simpson Coble's death The
confession OF Elliott completely exoner-
ates Daniel Coble of any connection with
the actual killing OF his son or OF assist
ing In removing the body. Elliott de-
clares that he will tell everything in con
nection with the crime and events lead
Ing up to II when put on the stand
1t was said today that he will plead
self defense
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
CLAIM AGAINST CHILE
IRRITATES JUNGLE SAM

this government withdrew it's pressure
for the time being. Since that date how
ever, Chile has recovered from her finan-
cial embarrassment and Is in position
to make good her oft-repeated promises.
In 1874 the Alsop Co., Of New York
and Connecticut advanced large sums
of money to the Bolivian government In
exchange for the right 10 operate val
liable guano deposits IN shat country and
other concessions. The government con-
tracted further to retucn a portion of the
loan from the receipt of customs at the
port of africa.
Before her contract could be fulfilled
Bolivia lost africa and the adjoining dis
tricts to Chile in war. In 1885, following
representations by the American state de-
partment Chile agreed TO assume the OBJ
legations of Bolivia to he Alsop Co. She
has never, however, made good her PROM
ise and the matter has been subject OF
diplomatic negotiations ever since. The
claim now amounts to more than
81, 800, ,00O
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
VERDICT Is SET ASIDE
IN ANTITRUST SUIT

found the defendants guilty of violation
of the antitrust law and imposed fine
of $1,000 and costs on Moore and $1,000
and costs on the other defendants.
The opinion of the circuit court of ap-
peals is as follows:
"1he test of unlawful combination under
the act of July 2, 1890, 26 statutes, 209. is
it's necessary effect on free competition In
commerce among the states or with for
eign nations.
There was no substantial evidence OF
any combination between any two of the
defendants, either to refuse to sell coal
to Sharp or to refuse to transport it for
him.
"A combination between corporation
and It's oflicer or agent In violation of the
antitrust act cannot be formed by the
thoughts or acts of the officer or agent
alone without the conscious participation
in it of any other OFFICER or agent of the
corporation.
1.-THE union of two or more persons, the
conscious participation of two more minds,
is indispensable to unlawful combina-
ton"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
DR.. BROUGHTON is
CALLED TO LONDON

Tampa, Fla, November 19.-Rev. Len
G. Broughton of Atlanta, who has just
opened revival meeting here, today re-
ceived cablegram from London, offering
him the pastorate of Christ Church. West
minister, stating that the church officers
Joined unanimously in the call and add
ing that Campbell Morgan supports the
proposition. DR.. Broughton said he would
have to await further information, but
added
Il do not see how l could leave At
lanta for anything anywhere"
He is familiar with the church. having
preached there a number of times and
says it has associated with 1t numerous
agencies of practical Christianity.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
TAFT Makes Two Speeches.

Norfolk Va, November 19.-As one of
the concluding features of the convention
the Atlantic Deep Waterways associa-
ton, and to accept again the hospitality
of the people of the Old Dominion Pres
ident Taft came to Norfolk today, re-
viewed a military and naval parade, made
two speeches In which he bespoke his
interest in a practical system of water
way improvement to be carried forward
on a business-like basis and not merely
as a means of distributing patronage,
partook of a Lynn Haven oyster roast
under the shadows of the towering Cape
Henry lighthouse and attended smoker
in honor OF a large corps of visiting
newspaper men.
The President retired tonight on board
the naval yacht Mayfiower which tomor-
row will take him to Hampton where
he will attend in the forenoon a meeting
of the board of trustees of the Hampton
Normal institute, of which he is IA men,
ber. In the afternoon he will deliver an
address to the colored students of the
institute, and then sail for Washington.
While Mr.. Taft was reviewing the big
parade in his honor and later was maxi
ing an open-air address from the review
ing stand, Mrs. Taft and her sister, Mrs.
Thomas K. Laughlin, Jr., of Pittsburg.
came ashore and visited a number OF
places of historic interest.
Notable Celebration.
The Presidents visit was made the oc-
casion of probably the most notable cell
ebration the city has ever held. Never
before have the decorations approached
the display which greeted Mr. Taft when
he stepped ashore this morning.
recepaion to the Norfolk committee
men and to the delegates to the water
ways convention began the days pro-
eramme. and then followed the parade
and the speech by the President from
reviewing stand erected at the base Of
the Confederate monument.
Tn his speech there the President. after
detailing his views an to waterways i'm
movement spoke word for the United
states navy, declaring that the prestige
~ the nation demands that the navy be
KENT to a high standard Of foroe and
efnctency. The president also declared
that he was In favor OF fortifying Hsmp-
ton Roads. the greatest stratesical naval,
hase In the world. by erecting an Inn
nre~nahie fort on an island placed half
lCCNTnsunD on PAan ~
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
81. Louis Wants Balloon Races.

Ct. Louis, November ls.-The Aero club
OF st. Louis commissioned Albert Bond
Lambert today 10 negotiate with owners
and pilots of balloons with view to cap
turing the 1910 national and International
flights for 81 Louis Ihe national bal
loon races viii be held III September the
winning contestants qualifying for the M
ternational meeting IN October. The IN
ternational aviation meet which VIII be
held in October, is also being sought by
st Louis
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Minis on Short rhine.

Manchester, n. H.. November 1s.--The
various mills of the Consolidated Cotton
Duck company. in the eastern states, to-
day went on a rive-days-a-week schedule
which will be continued until the cotton
market situation improves The Stark
mills, in Manchester, employing 1900 men,
are among the plants afrected.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Marshall Defeats showalter.

Lexington. November 10. Frank J. Mar
shall of New York tonight again defeat
ed j w Showaiter of Georgetown, Ky,
in the American chess championship
series. The queens gainbit play was used
and Showaiter resigned after the sixty
second move. or eight games played
Marshall has won four, Showalter one
and three were drawn
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Eifteen Rounds Eouoht.

Savannah, November 19.-Danny Good
man of New York and Joe Howard OF
Brooklyn fought 10 fast rounds TO draw
before the Southern Athletic club here
tonight. At long range Howard had the
better of the fight, but Goodman eveuel
IN In in-fghting.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
sorro,, For Cilder,s Death.

New York. November 19.-Messages Of
condolences from men prominent in public
and in the literary world were received to-
day in large numbers by the family Of
Richard watson Glider. author and editor
of tho Century Magazine. who died IN this
city last night
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Pleads Not Guilty.

Washington, November 19.--John c.
Davis, the promoter under indictment
here for forgery, embezzlement and OBJ
tanning money under false pretense, and
who. II is said. obtained more than $3.50
900 by his alleged speculatons, was ar
rsigned in criminal court here today on
two additional counts. He pleaded not
guilty ~
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Collector Loeb's Views.

New York, November 19-'We are in
the midst of the greatest shake-up in
the history of the United States customs
department said William Loeb, Jr., coll
lector of the port of New York, tonight.
when shown Secretary MacVeagh's sum
mary of the work thus far accomplished
in cleaning up the New York customs
house.
More employees have been dismissed
from the New York office since 7 took
charge than during the entire previous
history of the service" he continued
'and we are not through yet We are
going to keep at it until the New York
customs house is made thoroughly re-
spectacle.
Secretary Macveagh's statement in
Washington shows what we have accom-
plished up to today. Add to that the
10 employees dismissed today and you will
see that we have gone pretty thorough
ly into the matter. | am continuing my
Investigations. and I can say that there
are more heads to be Topped of soon.'
Mr.. Loeb's housecleaning took him into
high places today. Among those dis
missed this afternoon were James -.
Vail deputy collector of this, the biggest
e. Bedell, an inspector and formerly chief
clerk, of the weighing division; James
Phyland and Joseph O'Carrol. ex-fore-
man of weighing districts.
Mr.. Vail expressed great indignation at
his removal.
81 have been made the scapegoat," he
said mot only have / been absolutely
faithful to the government for the %
years / have been in the service, but 1t
is a known fact that while was at
the head Of the weighing department I
ferreted out the original frauds
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Heavv Rains at Panama.

continued today. No trains ran between
Colon and Panama. as most of the tracks
are Hooded. In some places they are three
and four feet under water.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20

the final decisive struggle within the next
three or four days was announced tonight
by Senior Salvatore Castrillo, represen-
tative here of the Nicaraguan provisional
government.
Senior Castrllo pointed out that with
the coast line in possession of his COM
PATRIOTS the seizure of ammunition and
arms now is simple matter of only
few days. In the meantime. he says, Cen
eral Chamorro holds the Zalayan forces
at his mercy.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
Postal Changes.

washington. November 1s.-(Special.) =
refferson d. Canterbury Is appointed rural
carrier. Claude Canterbury substitute
Route 3: william r. Rose carrier, A. A..
Lambert substitute. Route ! It Win
field.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
House Cleaning In Collector
Loebs Office Is the Most
Thorough Ever Done
DEPUTY COLLECTOR VAIL
SUMMARILY DISMISSED
Total Number of Men Dropped From
the Rolls Up to Date Is 104 and
Many Others Are In Danger
of Losing Their Places.

Washington, November 19-sThe elirni-
nation from the customs service of Dep
uty Collector James f. VAIL the abol-
ton of that office in the New York
customs house, the dismissal of lO4 men
from March up to last night together
with nearly $50 other changes included
in Collector Loeb's statement today from
New York were announced by Secretary
Macyeagh tonight
There will be no further grants of
immunity in the customs investigation at
New York. Secretary Macveagh made
that clear.
Collector Loeb the Secretary said, as
sured him that there would be no fur
ther occasion for it, that they had ac-
complished what was needed by the I'M
munity previously promised.
The object of tonight's announcement.
according to Secretary MacVeagh. was
to show the gradual rehabilitation OF
the service
The end is not yet in sight, accordi<g
to the secretary. and the changes win
keep right on until the rehabilitation is
complete MANY of those affected by the
changes covered in todays statement ap-
pealed to the President after getting no.
tice of their dismissals but the secre-
tary had already conferred with the Pres
ident and the appeals were without ef-
feet.
the salaries paid these reduced and
dismissed men range from s. day to
$4,000 per annun.
All the dismissals were made grad
ually and only after consultation with
the Secretary of the Treasury. who said
today that while, many of the changes
were on account of frauds and corruption
it was not true of all of them. All the
vacancies, said Secretary Macveagh, have
been filled
No names, save that of Vail, were given
in today's statement
The three weighers who confessed tn
the authorities and whose evidence has
figured so largely in the investigation.
have not been disturbed in the service
and they will remain, so far as the gov
ernment is concerned. But Mr. Macveagh
pointed out that it was questionable
whether they would care to continue in
the limelight very long. Secretary Mac
Veaghs statement gives Changes in the
personnel of the customs service at the
port of New York from March 4. 1909.
to and including November 49, 190e',
The changes by months have been
grouped as follows:
During March, demotions. dismiss
sails; April l demotion, 30 dismissaIs
May 80 dismissals June n demotions.
dismissals; July % demotions 6 dismissals:
August demotions, dismissals; Septem-
ber demotions, dismissals; October
demotion, 2 dismissals November up
TO 18th, l demotion and dismssals.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20

SCoNT1NUED ON FACE -