davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1910-10-19
Jealousy Leads to Tragedy

been pursued through halr dozeh states Mrs. J. J. Payne was propapiy fatally shot tonight by her jealous hus- band, who shot himself dead shortly afterward In the courthouse square
 Payne was a railroad man. He has lived in El Paso, Memphis, Los Angeles and other places. His wife left him in the west and finally went to the home of sister, Mrs. Christ Brugeman, at Manhattan, suburb of Joliet. Payne traced her through several cities ana
The Birmingham age-herald., 1910-10-19
Gardner Gives Up

New York, October 1s.-Frank J. Gard ner, late of the state senate, returned here voluntarily today from Scranton, Pa, where he had been arrested on the strength of an indictment charging him with an attempt to buy the deciding vote of Representative Otto G. Foelker, then also in the state senate, against the anti racing bills urged by Governor Hughes. In court here today the prisoner entered plea of not guilty, with leave to amend 1t within ten days, and was admitted to bail in s10,OO0 furnished by a bonding company
The Birmingham age-herald., 1910-10-19
News of Bay Minette

Bay Minette, October 1s.-(Special.)- J. After clearing away the debris Jeff by the fire at the cotton gin yeste, day afternoon it was found that the gin proper was damaged but slightl, and by 9:90 this morning the plant was in operation, the old method ot feeding by hand being used, as the suction apparatus was completely de- stroyed.
 The town council held a meeting last evening at which time the matter of reorganizing the fire department was brought up. It has now been arranged that set of shafts will be put on the engine and to have horse aid In pull ing the apparatus about.
The Birmingham age-herald., 1910-10-19
Madison School Fund

Huntsville, October 1S.-(SpeciaL)-Su perintendent s. R. Butler of Madison county states that the general fund avail able for the schools of this county thi. year amounts to $3S,937. This is slightl, more than last year, but not as much al expected. The school census showed { health increase of population, but the pei capita has been reduced by the state.
The Birmingham age-herald., 1910-10-19
NEWS OF HUNTSVILLE Bennetf-MiIler Wedding-Buf1er Attn Ietic Club Organized-0ther News

Huntsville, October 1S.-tSpecia1.) J. pr. Adolphus V. Bennett of Washing
 ton, D. C., and Mrs. Susie Patton Mill Ter of this city were married last evening at the home of the brides mother, Mrs. O. B. Patton, on Echofs Hill. The bride Is a daughter of the late Oliver B. Patton of Huntsville
The Birmingham age-herald., 1910-10-19
Basal Act Is Fraud

."The Alabama supreme court has held held that the basal fact is fraud and that the statute does not violate the provision of the state constitution against impr1s- onment for debt. This court cannot hold the laws to be violative either of the thirteenth amendment or of the peonage statute except on the theory that it inn prisons for a debt. We earnestly insist that the statute cannot by any canon of construction be held to imprison for debt
 "The covert suggestion in the brief for Bailey, that this statute is void, for that it applied to negro laborers and negro tenants and not to all classes of employees is not borne out by the record. There is absolutely no qualification as to the persons made amenable to the statute, by reference to race, color oI condition, nor Is there the remotest hint at such a limitation. The burden of the statute falls with equal weight upon all persons, that is, upon all persons simi- larly situated, and 1t is not therefore class or discrimnative legislation in the sense that would render the statute offen- sive to the fourteenth amendment.
 sThere is no evidence in the record to sustain the contention that the statute Is enforced against particular classes 1t Is true that the record shows that the plaintiff in error is of the negro race. On the face of the statute the clerk in the store or other mercantile business Is as much within its terms as the farm laborer, and there is in the statute no discrimination made as to race or color If such discrimination existed, or exists today in Alabama, the diligent counsel for Bailey have not seen fit to present if to the lower court in any way, and 1t is manifestly unfair to insist now that 1t Is untrue. Indeed, the only possible field of operation for this suggestion would be to, engender a prejudice against the stat ute. The declaration of the Alabama supreme court in the case at par, that this contention cannot be supported by reason or by reference to the history Of the state should completely answer this suggestion"
The Birmingham age-herald., 1910-10-19
Cbolera situation Worse

Rome, October 1S.-The official report of the cholera situation shows an in- crease in the number of new cases and deaths in the last "A hours. It shows also that there are 15 cases in one of the asy- lums for the insane in the province Of Caserta. Thirty-six new cases are re- ported. In the same period is deatns oc- ourrad
The Birmingham age-herald., 1910-10-19
BAILEY CASE BEFORE TIE SUPREME COURT Argument Will Begin Today in
 Appeal From Alabama CHARGE OF PEONAGE Attorney General WicIersham Holds That statute Under Which Bailey
 Was Convicted Is a Violation
 of the Constitution
CHARGE OF PEoNAGE
BY wArTERsoN sTEALEY

Washington, October S.-(Special.)- The United States supreme court will tomorrow hear arguments in the case of Alonzo Bailey vs. the state of Ala bama. The case is widely known as the peonage case, and has excited gen. eral interest especially in the south, owing to the fact that Bailey is a negro and also because the Attorney General is taking a part in the case, declaring there is violation of the twelfth and fourteenth amendments and the state law is therefore unconsti tutional in that 1t subjects a large class of persons to involuntary servitude without due process of law.
 The case comes to the supreme court by a writ of error seeking to review the decision of the supreme court of Alabama upon the question of the va lidity of the state labor contract law.
 For the plaintiffs in error separate briefs have been filed by Fred S. Ball and Edward S. Watts of Montgomery, Ala, while for the defendants in error brief has been filed by Alexander M Garber, the attorney general of Ala bama, and Thomas ". Martin, the states assistant attorney general The case is of such importance that a motion was made upon the part of the United States last May by the late Lloyd W. Bowers, solicitor general, for leave on the part of the United States to appaer as amicus curiae and asking that the case be advanced. This mo- tion was granted by the court and the Attorney General today filed his brier on the part of the United States. The brief of MT. Garber. the attorney gen eral of Alabama, was received yester- daV
The Birmingham age-herald., 1910-10-19
the original statute make condition of

the original statute make condition of peonage.
 'rhe Alabama court has pointed out time and again that the essential ingre- dient of the offense Is fraud in entering into the contract of employment. If ul- terior motives and purposes on the part of the legislature had existed in fact, 1t is strange that up to the present period such motives have failed of discovery by the Alabama court. And yet several of the greatest jurists that the Alabama su- preme court can claim have passed upon and upheld the statute.
 If the present statute is condemned, this court should go further and destroy every statute which is aimed at the ob- tainng of goods of another by false pre- tenses The victim in all such cases has a civil right of action against the party who thus obtains his money. But the fact of the existence of such civil right has never until this day been considered as deprving the state of its inherent right to punish the criminal act involved in that transaction. The fraudulent vio- lation of the contract of employment was not and could not be made punishable criminally.
The Birmingham age-herald., 1910-10-19
Another Form of Case

The Bailey case in another form was before the supreme court two years ago when the court, two of the jus tices dissenting. affirmed the judgment of the supreme court of Alabama In habeas corpus proceeding. upon the ground primarily that the case had been brought to the supreme court pre- maturely. Bailey was afterward triad and convicted and the Judgment af f1rmed by the supreme court of Ala bama.
 The case reaches the supreme court regularly on writ of error. Attorney General Wickersham declares that the statute under which Bailey was con yicted is in violation of the thirteenth and fourteenth amendments. Its man. Hest purpose and practical effect" says the Attorney General, being to s,1h Ject a large class of persons to in- voluntary servitude without due pro- cess of law, by making more failure to perform contract for labor ser vice prima facia evidence of an intent to defraud and punishable as criminal offense."
 Bailey was arrested and committed two years ago last April. By writ of habeas corpus he sought his lib erty, first, through the judge of the city court of Montgomery then by an appeal to the supreme court of Alabama, and later by writ of error to the United States supreme court. The supreme court finally decided not to pass upon the merits of the case. Afterward, being tried and convicted. in February, 1909, Bailey took an ap- peal to the supreme court of Alabama and, his conviction being affirmed. he sued out his writ of error and now awaits the decision of the higher court. If the statute complained of is in valid Bailey e wrongfully deprived of his liberty
The Birmingham age-herald., 1910-10-19
AUCTION! AUCTION!

More horses and mules in our Auction Sale Thursday, Octo- Der 20, than at any previous sale of the season. Be sure to attend.
 FEES & SON, 2d Ave. & 18th.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-18

White Batiste As inches wide, to go
during this sale at the following prices,
SOC values at 39c 60c values at 49,
Csc values at Soc Toe values at Soc
Soc values at &c $l.0O values at 79c
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-18

New weaves in
sheer mercerized fab
RIGS in plain and nov
city patterns, these
come in an endless
variety of styles and
patterns. Prices for
this sale as follows.
15c values at .......... 12c
18c values at ......... 14c
zoe values at ......... 15c
Csc values at ....... 2oc
soc values at .......,. 24c
35c values at ...,..,. &c
40c values at ....,.... 32c
45c values at ......... CSC
soc values at ......... 39c
60c values a: ......... 4sc
Csc values at ..,. SOC
Use values at .., soc
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
.ATTEMP IS TO KILL
CHINESE PRINCE
George Fong Ready to Shoot
When Seized by Detec-
tives.
ADMITS lNTE=N tt o N
Wanted to Be Savior Of Country,
so Would Start With
Murder.

San francisco. Cal, October g.
George Fong. a member of the San
Francisco organization of the Young
Chinese Association, an alleged revo-
lutionary body, was arrested to- day by
secret service operatives Just as ne
was about to shoot Prince Tsai SUM.
uncle of the Emperor of China. The
prince was boarding the steamer Chiyo
to sail for home. Fong confessed
that he intended to kill the prince.
"A loaded revolver was found in the
rocket toward which F'ong's hand was
moving when the detectives seized MIN.
The detectives had received tnforma-
ton that Fong would bear watching.
and they had him under observation all
the time the prince and his rettnue
were boarding the vessel.
The princes life was declared for
feited to the revolutionary cause, ac-
cording to Fong. while Tsai SUM was
In San Francisco two weeks ago at
the beginning ofshis tour Of the United
States.
81 wanted to be the George Wash
lngton Of China" said Fong. II want
ed to be the savior of my country, ano
I and my assistants thought this wouio
be a good way to begin. We talked
1t all over while the prince was here
before, and decided that 1t was time
something definite was done. I woulc
have killed him, IL had not beer
afraid to shoot for sear of hittini
| some white people"
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
GIVING UP ITS DEAD
North River Yields Nine Bodies OF
Drowned Sailors.

North River Yields Nine Bodies OF
Drowned Sailors.
New York, october 6.-For the first
time since the swapping of the barge
of the, battleship New Hampshire last
Saturday night as the result OF which
twenty or more of Uncle Sans sailors
lost their lives, North River began
to-day to give UP its dead. Nine hodies'
eight Of which have been Identified:
We're picked up to-day. nearly all of
them Within half-mile of the SCENE
of itslti the accident The identified dead
We're: p. II. White, Robert Kari, y, ].
Uchlin. r. r. Bakeman, Moses johns
son, r. L. Werner Guido Amazope and
". A. Richardson. The unidentified
BODY taken from the river was nearly
five miles from where the New Hamp-
shire's men were drowned. The cloth
Ing bore the name "E, n. Dubee. No
sailor of that name has been re-
ported missing from any ship of the
.fleet. All the bodies are now on the
hospttal ship Solace, where they will
be held until they are taken away
FOR burial by relatives.
The fleet of battleships which has
been anchored in the Hudson since
the Virginia Capes. is breaking up.
The North Dakota steamed away to.
day and the others will all depart
within forty-eight houra
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
Foreigners ARE
NOu0lI'E::..R|i ATLAS.I
Following Thirty Years Efforts
They Indorse Principle OF In
deterninate Sentence.
VICTORY FOR AMERICANS a
Yield Point After Seeing How 1t.
Works in This Country's
Prisons.

washington. October 6-After OPP
nosinr for sth rty years the efforts OF
American cri1ninologists to induce ehe
international Prison Congress TO IN
dorse the principle of the inteoeterll1'-
rate sentence which underlies the re
formatory system, the European tne.h
bers OF the congress to-day yaeiueu
and resolutions advocating this sSs-
tenn were adopted.
The resolutions declared that the IN
determinates sentence should be ap-
piled to the mentally and morally de-
fectiye and that 1t also should be ap--
piled "as an important part OF the re-
formatory system, to criminals, party
young delinquents. who require retor-
nation, and whose offenses are due
mainly 10 circumstances of an indt-
vidual character
Conditions OF System.
The Introduction of the system, IT
was provided, should be considered on
the following .suppositions:
That prevailing notions of guilt and
punishment arc incompatible with the
principle of the indeternhnate sem
tence; that an individualized treat
ment of the offender be assured; that
the prison board be so constituted as
to consist OF commission made up
of at least one representative OF the
ma gistracy, at least one representative
Of the prison administration and at
|least one representative Of criminal
| science. 1t was declared to be -ad-
! visable to fix the maximum duration
! of the sentence only during such q
| period as it might be necessary be-
cause of the novelty of the institu-
I tion and lack of experience with 1t.
| The foreign delegates are said te
have been won over to the cause o1
1.-THE indeterminate sentence by observ,
ling it's successful application during
their ten days tour of tae countr,
prior to. the meeting of the congress,
Other important resolutions adopted
recommended legislation providing fo1
the following'
The extension of probation, witt
some central authority in each county,.
Ito exercise general supervision owe
|prohation work.
y c consideration OF participation y
7 Spminal acts or agreements as an as
I gravating circumstance, and the aug
. mentTtion>-of the power OF the court
10 increase. the penalty for such Of
fenses.
Penal procedure for young delin
ouents different from that applied =
! 4Iadults, with especial care for the child
welfare and with a view to keepin
: the child as far removed as possibl
I. from the atmosphere of court Q
! prison.
Reformation treatment, combine
( with a system of liberation and parol
!, under suitable. guardianship and snpel
9 vision, on advice OF a suitable boar
{ with special treatment for adolescer
$ criminals sufficiently long to perm
: OF the full application OF all possib
= means af reformation, Separate col
- Continued on Page Seyen,)
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
VAST INTERESTS
DEEPLY INVOLVED
Gases Of Wide Import to Be De-
cided' by Supreme
Court.
.coNvENEs ON MONDAY
West Virginia-Virginia Debt
Suit Comes First on
Calendar.

Washington, D. c., Octiber 6.-The
Supreme Court of the United States
will convene next Monday at noon for
one of the most important sessions In
its history. During the coming eight
months it will have to pass upon cases
profoundly Involving the industrial and
business life of the nation. and THIS
fact adds Importance TO the pending
changes an the personnel of the great
court caused by the deaths of Chlef
Justice Fuller and Associate Justice
Brewer and the retirement of Asso-
ciate Justice moody. Governor
CHARLES E. Hughes, OF New York. has
been confirmed in the place Of Justice
Brewer, and there appears excellent
reason to expect that he Will be
named in place of the chief justice, al
though Associate Justice Harlan. the
senior surviving member OF the court,
has been much spoken of for pro-
motion to the chief justiceshlp. IN
any event, including Justice Hughes
there will be three nAw men on th1s th1s
bench during the coming session.
No Recess Appointments.
PRESIDENT TAFT has said that he Will
make no recess appointments 70 tae
! tourt, This means that tne oniei
i JlEStlCeSnlD anu tIS PASNSS !.
Moody probably will remain vacant
| until the regular session OF Congress
/ n also means undoubtedly that the
three great corporation cases as : upon inesa
worId Wnria is SIC Centred @ viii not come up for
rearsument at least until after the
IChristmas recess of the court, " THESE
cases, two-the Standard Oh case alu
the so-called tobacco trust cAseaWei !, =
ant n / 1.
THE series Of corporation tax cases
were merely restored to tho calenaar
| for .reargument. In ordinary clrcum-
4 stances this would throw them over
pectation is that none Of the three !! e
cases will be taken up until az the
\ vacancies In the court have been hlled
/ and that then the corporauon taS
4 cases will be advanced and, With tle t
other two cases e, menuorsu' r.w IL Ma1 1al1 '
Il Aside from these cele brated causes.
4 tremendous amount of work await:
the court at the beginning OF It's ses
sion. Upwards of forty cases, ManA
\ for argument next Tuesday. or as sooII
. thereafter as possible, Ordinarily. eac!
q Justice delivers about thirty opinions
during a year; hence If one .nembe
We're to undertake axe, e nn cover vo,,id "a 20
be through With 1t until far into t91.
No Work Monday.
Unbroken custom reserves the tlrs
day (Monday), Theoretically at least !
paving the respects OF the court
| the President of the United States BE
| fore the time of Cleveland, 1t is salt
the court had practically never faile
| to adjourn Immediately. upon CONVEX
| ing on the second Monday In Octobe
| to no inSa body to, the White Hous
| Once or twice Cleveland was ava
| frr,, tha ,ifv and ROOSEVELT even MOI
| Frequently. Nevertheless. the call
| the docket of cases to be argued hs
never been, taken up IN the opanir
/ day. Even IL the President Is not 4
town. the court adaourns after recei1
] fContinued on Page Seven.)
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
PoLYGAMY MUST CEASE
Mormon Leaders Tell Followers It WI

Not BE. Countennnced.
Salt Lake CITY, Utah. October o..
When the semi-annual conference OF
the Church of Jesus Christ, Latter Day
Saints (Mormon),a opened to-day, Pres
ident Joseph r. Smith and his counsel
ors, Fl. A. Lund and John Henry Smith,
addressed the gathering on plural mar
riages among church members since the
Issuance of the manifesto6of 1880, de-
claring these marriages contrary 70
declared that polygamy must cease.
These open declarations closely fol-
low the communication within a
week of two members OF the church
heretofore In high standing.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
CAN'T PLACE BLAME

BOARD of Inquiry Doesn't Know why
Big Gun Exploded.
Washington. October 6.-The board
of inquiry that investigated the burst-
ing Of the big twelve-inch, tifty-ton
gun on the battleship Georgia. off the
report TO Acting Secretarysof the Navy
Winthrop, finds that 1t is Impossible
to determine definitely the cause OF
the, accident sS 81 5
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
CENSUS RETURNS

Washington, ID. c., October o..
Population statistics, enumerated In
the thirteenth ccnsua, were Issued
Tonight by the Census bureau for
the following places,
Cedar RnlNds, la, 3s,su, nm In
over 2S,6bB In 1000.
Council bluffs, Iar 20,cD2. an In
crease of 3,a00, or 1870. per cent,
over $3.50: III 1000.
Wheeling, w. Va., 41,841, nm In
crease of 2,TGs, or III per cent, over
3S,S7S In 1000. III ~
WailinGford, Conn. l1,147, cons
pared with 6,737 In 1000.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
Manuel, Portugal 8 Dd.
throned Ruler, Reache
Safety Of Gibraltar.
MANY THOU SAND
SILL ARE 10y AZ !!'.'l
While Revolution Seems Conn
plete, 1t Is Impossible to Tell
What Provinces Will Do. y
Movement May Not Be
Broad Enough to Sweep
Country.

Gibraltar, October s.-King Manuel.S
of Portugal, is now under British pro-9
lection. The Portuguese royal achtl
Amelie, having on board the King
the queen Mother and Dowager Queen
and the Duke of oporto, entered this
iharbor at IL o'clock this evening.
Shortly afterwards, the King and
Queen Mother came ashore and Grove
to the summer residence of the gover-
nor. Sir Frederick Forester w alker. at
Europa Poiht.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07
wnrship to Rescue.

Naples, OCTOBER s.--The Italian bat
tleship Regina Elena left tonight Tor
Caaiz, where 1t will receive capie
instructions to proceed wherever "
may be necessary to take on poara
Dowager queen Maria Pia. OF PortugaAl
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07

A dancer's slipper helped to kick
young King NIEuuel from the throne
he inherited through the tragic denth
by assassination of his father, hins
Carlos, and his eldest brother, the
Crown Prince Luiz Philippe. The dane,
.er Is Mile. Gnby Dsslis, benutiful
young German woman, who crented
sensation In Berlin and Paris WITH hcr
iiu-jitsu dance with n Japanese wrest-
Ter. King Manuel saw her In the lat
ter city and invited her to Lisbon. De-
spite the unrest in the city, he appear
ed publicly with the danger, and rtimor
large sums of money upon her. This
one Incident, on top of the ETnve crisis
brought to hand by the nnti.cierlcal
troubles and the growing spirit OF re.
publicnnism, wns the matsh .nh. nm
touched off the mine OF revolution, ana
with the troops and navy In sympnth!
a revolution that lasted hut day ane
a night is now a complete success.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-07

The English cruiser Minerva arrived
here to-day to reinforce the cruiser
Newcastle, which reached this pert
while the tighting was still IN progress