davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1910-12-07
NESMITH HOLDS IN
 FAVOR OF BAILIFFS

The constitutionality of the special act of the legislature which provides that the bailiffs of the city court in Jef- ferson county be appointed by the judges was upheld by Judge C. c. Ne smith yesterday in the city court. Judge Nesmith's ruling was in the case of J. D. Payne. bailiff in the city court. against County Treasurer H. c. Miller.
 Bailiff Payne filed petition for writ of mandamus commanding Treasurer Miller to pay him his salary for the month of November. Judge Lane, in the circuit court, having last month de- clared the special act of the legislature unconstitutional and decreed in favor of Bailiff c. A. Griffith, an appointee of the sheriff, Treasurer Miller refused this month to pay the salaries of the court balliffs appointed by the judges. The decision iii the mandamus proceed ings brought by Bailiff Payne means that the salaries of al lthe appointees of the judges must be paid.
 - The conflicting opinions handed down In the case by Circuit Judge Lane and City Judge Nesmith give an added in terest to the bailiff dispute, which has existed between Sheriff Higdon and the city court Judges since the passage of the special bill in 1907.
The Birmingham age-herald., 1910-12-07
SAFETY APPLIANCE
 MEN IN THE CITY
SPECIAL COMMITTEE OF STEEL CORPORATION WILL PAY VISIT TO THE STEEL PLANT AND OTHER INDUSTRIES TO-DAY

The safety committee of the various companies comprising the United States Steel corporation met in Birmingham yes terday and was in session the greater part of the day Tine members of the committee have charge of the safety ap- piiances ana precautions that are thrown around the worlSmen of the industries Of the corporation. They in every possible way try to reduce accidents and fatali- ties among the workmen and are consid- cred among the most important officials of the corporations organization
 The members of the committee will to- day visit the steel plant and furnaces at Ensiey as the guests of Maj. F. B. Dodge, superintendent of safety for the Tennes- see Coal, Iron and Railroad company They will be shown every part of the vast system that is captained by Major Dodge, and by which means he protects thousands of employees of the corporation.
 The committee will also inspect the mines, both coal and ore, and the dam construction below Ensley In fact, while here every limb of the organization of the Tennessee company so far as safety work fig concerned will be gone over by the men who have this work in hand elsewhere.
 The local company of the corporation has in the past few years installed the latest and most modern methods to min imize accidents. The committee will he here tomorrow and will later leave for their homes. They represent the Ameri- can Steel and Wire company the Pitts burg plant, the Youngstown plant, the Gary plant, the American Tube company. and all industries of the corporation.
 The committee is composed of Maj. F. E. Dodge, Birmingham; Steve Tener. Cleveland; R. J. Young, Chicago MT. Barlette. New York; MT Windam, Du- luth; MT. Close, Pittsburg. and others.
The Birmingham age-herald., 1910-12-07
WILL TAKEAPPEAL
 IN RAILROAD CASE
NESMITH's RULING IN THE BfR- MINGHAM SOUTHERN CASE WAS INCORRECT

Attorneys representing the Louisville and Nashville railroad in the big demur- rage suit brought by that company against the Tennessee Coal, Iron and Railroad company are preparing to take an appeal to the supreme court from a ruling of Judge Nesmith, which was in effect decision in favor of the defendant corporation.
 The question involved in the case is whether or not the Tennessee company is responsible for demurrage claims made by the Louisville and Nashville against the Birmingham Southern Railroad com pany because of the alleged detention of cars which are the property of the former railroad. It was contended by Tillman, Bradley & Morrow, the attorneys for the Louisville and Nashville, that the Birmingham Southern Railroad company is virtually controlled by the Tennessee company and should hence be held liable for the demurrage claims preferred amounting to S30,000.
 While the amount involved in this par ticular suit is not very large, the ques- tion involved has been of much interest to all railroads operating in this district as many suits brought by other roads are pending. Attorneys for the Southern, the Frisco and other roads have conse- quently been aiding the attorneys for the Louisville and Nashville in the suit
 The case was called in Judge Nesmith' 8 division of the city court last month The jury was discharged and no witnesses were examined, however, as the attor- neys in the case reported that they would attempt to reach an agreement
 The ruling of Judge Nesmith which was accepted by attorneys for the com plainant as decisive, was made soon after the discharge of the jury. but as the rul- ing was merely on a technical phase of the case 1t seems to have been thought significant by only the lawyers interested, and was not brought to public notice
 Attorney John P. Tilman stated yes terday that steps are now being taken looking to an appeal. He expressed the opinion that the case would not end un- til the state supreme court or even the United States supreme court had rendered an opinion as to whether the Birming- ham Southern Railroad company is sub sidiary to the Tennessee company.
 The demurrage claims In other suits now pending amount to something over $100,0OO.
The Birmingham age-herald., 1910-12-07
BANKERS WORK
 FOR BETTER LAWS
Date of State Association Meeting Has Been Changed to January 1S-19
 nt Montgomery

McLane Triton, Jr., of Pell City, secre- tary of the Alabama Bankers associa- tion, was in the city yesterday and made an announcement of great interest. The date of the annual convention of the Ala bama Bankers association has been changed from May to January 1S-l9 at Montgomery
 The association will bend all it's energies toward the passage of the new banking law which has been prepared and for this reason decided to meet in Mont gomery while the legislature is in ses- sion.
 Clarke Williams. former superinten- Gent of the banks in New York and per- haps the best posted man in banking Legislation, will be here and address the convention,'' said MT. Tilton. The bill has been prepared and is modelled after the laws of New York, Massachusetts ana california, with a number of changes, such as were found necessary to south ern commercial and industrial conditions.
 At present Alabama practically has nc banking laws. This law will give the state government supervision over state banks similar to that exercised over na- 1ional banks by the government
 The legislative committee of the asso- citation will meet in Birmingham Decem- ter l5 to finally pass on the bill, which has been printed and scattered over the state. The bankers hope to get it ap- proved in Colonel O'Neals message, and they will pit up a strong fight for it's adoption.
The Birmingham age-herald., 1910-12-07
RAMSAY RETURNS
 FROM EASTERN TRIP

Erslxine Ramsay, senior vice president of the Pratt Consolidated Coal company, returned to Birmingham yesterday after an absence of several days in the east. He was member of the party of Birming- ham citizens who looked into the crema- tory situation in New York and Rich mond. He also held several conferences Tn New York regarding some Industrial de- velopments here.
 MT. Ramsay said the people in the east were very sanguine about the business conditions which now exist, and almost ail financiers in New York are of the opinion that the condition of the country is good. He said unless something unfor- seen happened an opening of industrial development would take place soon.
The Birmingham age-herald., 1910-12-07
ALDERMEN HAVE
 BUSY DAY AHEAD Some of the Things to Come
 Up Today COMPROMISE ON PAVING Avenue F Will Get Brick and Bituiithic, Highland Avenue Will Get Asphalt md Eighteenth Street Will
 Get It's Choice
COMPROMISE ON PAVING

This is "city day" on the calendar of all the aldermen, and they have l2 hours Of hard work and excitement ahead of them Early this morning the license schedule will be put in shape hy the miscellaneous committee for in troduction at the meeting tonight
 At II o'clock begins the fun in the street committee, followed during the afternoon by all kinds of committee meetings
 1t was learned yesterday that com promise has been reached in the pav- ing fight, by which Avenue F will get hitulithic with brick in the car tracks; Eighteenth street will get what she wants, and the asphalt peopls will be given the new work on Highland ave- nue.
 Aldermen declared yesterday that they expected the. railroad officials to meet today and onter negotiations with the city again on the viaduct propos ton. This Is the last day left for their reply to the ultimatum issued It the last meeting.
 The Coosa Piver Development com pany will be granted the franchise to iurnlSn BlTIs1HRHAm Witn elcCNllS ii6 hA and power.
 The Mayors veto of the Tidewater franchise will be sustained. The Dew berry forces have been marshaled, and are not found to number more than 10 for overriding the Mayors veto. plan has been considered to amend the franchise, taking out the objec- tionable features by unanimous con- sent, but with the board in its pres ent complexion there Is sure to be ob- iect:on. Whether the company will have an entirely now franchise on hand to be introduced or not has not been learned.
 Mayor Exum will submit a message to the council giving the result of his trip to inspect northern crematorles, and making recommendations. For the first time the picture of Capt Frank P. O'Brien will look down | over the council chamber. The new oil painting, which is such perfect like ress of the late mayor, has been hung l in the council chamber at the right of the president.
 It is poiatd out that Harry Jones, who was the last mayor before Exum is entitled to a place m the collection | which adorns the wall of the council chamber The picture will probably be ordered by the council tonight.
The Birmingham age-herald., 1910-12-07

Fuel and Iron company. To those who were rear him. Colonel DeBardeleben did not conceal the fast that his latest work was tho most interesting to him. He worked for the pleasure it gave hila and at few times did the mer- cenary spirit enter his efforts. He is quoted as saying that money was less to be desired than real creative powers showing results.
 Central Figure in Dramatic Events
 Of all the romantic figures who have made Birmingham what she is at this time, ther Is no one that can command the same respect and admiration as tho late Colonel DeBarde eleben. He pioneered in the fullest sense of the word and was the ce ntral figure in dra- matic incidents about which revolved some of tho most important events in Dirningham's history.
 He was simple in taste, did not seek attention and withal was rare in- dlviduality. He was known every where in this county and adjoining ones as the "Colonel." And into every home, however humble, in the back woods, he was always welcome by the simple people.
 Hts funeral tomorrow at his late res idence will probably be attended by hundreds of persons who knew and revered Colonel DeBardeleben during lis earthly career
The Birmingham age-herald., 1910-12-07
EASTERN PARTY
 COMES TONIGHT

Franklin w. Lowering of Baltimore and his party of prominent capitalists of sev- eral eastern cities will not arrive in Bir- iningham until tonight at 10 o'clock.
 The party was delayed in some way and sdvces were received here, yesterday of their inability to reach Birmingham.
 MT Lowering, whose financing of the Ragland cement plant is well remem- bered here, will take the party to see that plant upon their arrival. In addition, the capitalists will inspect other industrial points They are travelling on the private car Rainbow, but will have apartments at the Hotel Eillman, where reservations have been made.
The Birmingham age-herald., 1910-12-07
v|ADUCT MEETING
 ID BE HELD TODAY Railroad Men Are Called To-
 gether Suddenly
MAY PREPARE NEW PLAN
tend Today's Conference Have Been Given Full Authority to Act
 in the Matter

A meeting of the railroad representa- tives having in charge the formulation of plan to build viaducts here will meet today in Birmingham. The first iatimation that a meeting had been called was given out here yesterday and was received with more than or dinary interest on account of the past seeming indifference of the railroal repi esentatives.
 The railroad executives will begin to gather here this morning and will go into session shortly before noon. It is possible that plan will be agreed upon and an answer made to the ultimatum of the city for the coun- oil meeting tonight.
 The last plan of the railroads to give the city ssOo,O0O met little ia vor among the eouncilmen and an an- addition it is believed that another proposal will be made the city
 After the return of several local rep resentat!ves 10 the city from visits 10 headquarters it WAS given out that the meeting would be held and that in the absence of some executives full au- thori,y mad been given local agents to act.
 Ii. E. Spencer, vice president of the southern Railway, who has been in charge Of the viaduct proposals. will probably attend the meeting. However. TO information has been received here that would indicate his presence today
 Today Is the last before the ex- riration of the limit of the ultimatun delivered the railroads by the council. And while the meeting is not unex : rected at the same time the sudden ness of the NatherIng is unlike usual rialroad procedure
 Whatever rlan is formulated today will doubtless be definite and 10 the point. The rleeting as stated hereto fore vii! be more representative than in the past and there is the best req son to believe that some tangible work ing plans will be agreed to from the result of the meeting today.
The Birmingham age-herald., 1910-12-07
SITE AGENT STILL
 GOING OVER MAPS Will Be in the City Until Noon
 Today NO NEW BIDS ARE MADE Property on Fourth Avenue Adjoining First Presbyterian Church Prop erty Seems to He Attracting
 Special Attention
NO NEW BIDS ARE MADE

Although a formal invitation was ex- tended by Superintendent of Construction George O. Von Nerta to Birmingham property holders to offer additional sites for the new federal building, none have been offered except those made some time ago.
 MT. Von Nerta vii lbe in Birmingham today until about noon. according to an announcement made yesterday, in order to further investigate the sites that have already been rendered and which arc now being inspected.
 MT Won Nerta will not discuss any only reports to the supervising architect, He said many had been offered. some of which would be eliminated. and that his report would be made up of the remain Ger. Mr. Von Nerta held several confer ences yesterday with local real estate men who are assisting him to arrive at a con- cluson about the local site, He delved into all details relative to those sites lie is supposed to have thought desirable and inspected carefully the maps of the city.
 lie dld not comment upon any sites or fered, but 1t is stated that the site on Fourth avenue between Twenty-frst and Twenty second streets has gained Tn favor This site has corner on Twenty second street and runs west to the pres ent line of the First Presbyterian church. The lot is directly between the two rail- road stations. is located high, and is ad- mittedly central For this reason, and the fact that its dimensions and the price are exactly what the government desires, the belief existed yesterday that this site will be in the bidding until the last.
 The site agent will report his findings to the treasury department at once. II Is expected that a selection will be made soon afterward.
The Birmingham age-herald., 1910-12-07
Lightner Back From st. Louis

A. D. Lightner, general agent of the Frisco executive department, returned yesterday from conference with the ex- ecuiive department in St. Louis. He said the meeting of railroad men here today regarding a vaduct would probably ma terialize in something tangible being started. MT. Lightner said in the absence of Vice President Carl Gray he would represent the Frisco, and that his com pany would agree to any plan that was reasonable and which was formulated by the other railroad representatives.
The Birmingham age-herald., 1910-12-07
STIRRING SKETCH OF COL.
 H. F. DEBARDELEBEN'S LIFE
 SHOWS PICTURESQUENESS

out in the woods on the back of fox trotting mule with good seam of coal under my feet than to be president of the United States. I never get lonely in the woods, for 1 picture as l go along, and the rocks and the forests are the only books l read,
 When he was no more than ten years of age his father died. His mother then took her little family to Montgomery. He began earning a few dollars per month working in a grocery store. Al that time in Alabama there was a strong bond of interest and friendship between the lew northern men and women in the state, and Daniel Pratt and bis wife were old-time friends of the widow DeBardele. ben. Pratt at length became the guar dian of Henry F. DeBardeleben and brought him to Prattville, when he was 16 years of age, to send him to school
 He took him to his own house as ont Of the family and brought him up as hi: son. in the "big white house. as the Pratt home was always called.
 "DeBardeleben got his steady habits o1 industry during the ensuing years. Ht became of some assistance to Danie Pratt and helped to manage his growing business. Pratt came to confide more ant more his business projects to his son-in law. ..
 .'1he coal mines of the Red Mountain company were at that time in charge O. Joe Squire.
 Tn the early winter of 1873 the OK moor furnaces went into blast.
 I remember the day the furnaces went into blast. said Colonel DeBardeleben The dogs started up deer and ran hin full speed over the pig bed. The woods all round were chuck full of game. The wild turkeys flew everywhere'
 Continuing her narrative concerning ths late Colonel DeBardeeben, Miss Armes says of the failure of Oxmoor:
 Pig iron that had been selling all over the United States for $40 per ton fell tc S per ton. The two 25-ton furnaces al Oxmoor could not be made to exceed ter tons as a daily output. Labor could moi be got and what could be secured coul6 not be paid.
 :. T failed to make good said DeBar deleben.
 I've called directors meeting and resigned my position, giving as my req son that l considered myself incompetent as 1 was at that time. I refused to accepi nay salary for the year. Furthermore. advised the directors to shut down tht tlan. Considering the conditions in iror making in Alabama and everywhere else | could not see that our furnace could bt run to profit for anybody
 ..Th. plant was shut down and DeBar- deleben returned to Prattville."
The Birmingham age-herald., 1910-12-07
TUSKEGEE NOW HAS
 REPRESENTATIVE HERE

Tuskegee institute now has a repre- sentative stationed in Birmingham who viii do what he can to collect funds to assist in conducting the work of the Institution. The representative is Cicero C. Simmons. He points out that the operating expenses of the school are s25o,Oo0 year and of this amount $l00,o0O has to be collected by public subscrip- ton.
 A Tuskegee club has been organized in Birmingham with membership of 200, all of whom are former students of the well-known negro institution. A meeting of this club was held last Mon- day night and another will be held next Monday night at the First Congrega- tional church, colored, at 8 o'clock.
The Birmingham age-herald., 1910-12-07
Charged With Robbing Store

will Dixon, a negro man, was arrested yesterday morning by Detectives Burge and McDuff on charge of burglary and grand larceny. It is charged that the negro broke into the store of J. w. Lacey at Thirty-sixth street and Tenth avenue. North He is alleged to have broken open q safe and stolen s120 In money, besides a large amount of goods. The negro is d former employe of Lacey and was arrest nd al the store
The Birmingham age-herald., 1910-12-07
COVERED WITH SNOW

Like a white blanket being pulled through the city were the Louisville and Nashville trains from the north yesterday. The morning and afternoon thruogh trains were completely covered with snow.
 The tratnmen of the Louisville and Nashville said above Nash vile the weather was extreme ly cold and that great deal of difficulty was being experienced in getting the trains through on time. The trains were all late here yesterday.
 The heaviest snow in some time has fallen through parts of Kentucky and Indiana, ac- cording to the version of the trainmen yesterday on the fast trains.
 It was also reported by the men on the morning train that snow had fallen as far south as Blount Springs, but not to any great extent.
The Birmingham age-herald., 1910-12-07
Wanted in Winston County

Joseph shannon is in the county jail on a charge of forgery He was arrested yesterday afternoon on capias from Winston county by Deputy Sheriff Ed Wilson, Shannon is being held at the county jail awaiting instructions from the authorities of Winston county.
The Birmingham age-herald., 1910-12-07

Probably the most graphic sketch of Colonel DeBardeleben's life ever written is that of Miss Ethel Armes in her Story of Coal and Iron in Alabama" Among other things she says:
 Early spring of 1872 marked the entrance of Daniel Pratt and Henry Fairchild De- Bardeleben into the Birmingham district They acquired controlling interest in the Red Mountain Iron and Coal company and upon Colonel Troy,s failure to enlist northern capital in the reconstruction of the Oxmoor furnaces they assumed charge of the reconstruction work. An organization was affected, Judge Henry D. Clayton of Eufaula was elected pres ident and the name of the company changed to the Eureka Mining company, after Captain Wards triumphant Michi- gan enterprise.
 up to this time DeBardeleben had never put foot in the mineral region Nothing was known of him except that he had helped run a gin down in Pratt vile and had married Ellen Pratt, Daniel Pratt's only child. Savagely energetic restless, impatient, he seemed to have one foot always in the stirrup and to be itching to mount and ride away. He was just about 30 then, and dashingly good looking, they say. Six feet tall, he was erect and well proportioned and an ath- lete. He could leap his horse clear from the ground, they tell, and ride like Bill Weatherford.
 His hair and mustache were black, his face ruddy and his eyes black and quick as a birds His acquiline nose and a certain arch of the brows, with the bright quickness of his eyes, gave to his profile then, as now, a keenness, hawl-lille look
 ''Although born and reared in Alabama, he was of Hessian breed and showed it. His great grandfather was one of the 20,000 fighting men who came out of Hesse- Cassel to the colonies at England's call during the American revolution.
 "A liking for the wild forests, free life and the big surge of the far away hills had quickened the DeBardeleben blood for generations.
 The Indians life as 1t used to be-, Colonel DeBardeleben says, That is the only life worth living. I had rather be