davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1910-09-21
WILL SEEK ID SET
 JUDGMENT ASIDE
Clabaugh to Make Motion in
 County Court
WOULD REOPEN THE CASE
If Judgment Were Set Aside He Cam Then Go to Federal Court and
 Move for a New
 Trial

It was announced last night by Hinton G. Clabaugh, whose suit against the Southern Wholesale Grocers' association was thrown out of the federal court last week, that a motion would be made in the circuit court of Jefferson county to set aside the judgment rendered in that court against James A. VanHoose, presi- dent of the association. When this is done a motion for a new trial will be made before Judge Grubb.
 Tt was the Judgment rendered in the circuit court and the subsequent agree ment to receive s1000O as a compromise that constituted the pivotal point in the federal court case.
 It Is stated that the step to be taken in the next few days in the circuit court is preliminary to a request to Judge Grubb that he grant a new hearing In the case. The case will come up regu- larly before Judge Grubb of the federal court after the circuit court passes upon the motion to set aside the state court judgment. A
 The point upon which the plaintiff will make his motion for annulment of the lsudgment is that the costs for taking dispositions were not paid, and this cre- ates a void in the judgment which will not permit of its life
 Mir. Clabaugh stated last night that he was probably defeated in the eyes of some persons, but that he believed he would be able to come back at the asso- citation despite his temporary setback. He stated that his attorneys, Campbell and Johnston, are working upon the stn~ to be taken in the circuit court before Judge A. O. Lane, but that he did not care to try the case in the public print He added, however that he believed a motion for new trial would be upheld and that the cases would be given a new hearing by Judge Grubb of the federal court.
 It is stated by MT. Clabaugh that un- less a new trial is granted the case will most assuredly be appealed to the circuit court of appeals. .The case will go upon a modified record" said Mir Clabaugh, "and not upon an extended record as in- timated by Caruthers Ewing. If the case is appealed there will only be one point involved and that will be in regard to the release and judgment in the state court"
The Birmingham age-herald., 1910-09-21
CHANGES IN WARRIOR
 COAL AND FUEL GO.

At a meeting of the directors of the Warrior Coal and Fuel company held yesterday several very important changes were made. w. H. Woodward was elected president to succeed Walter Moore, J. c. Cavanaugh of Chicago was elected vice president and c. E. Morgan was elected secretary and treasurer to succeed Charles Simmons, who has been in that office for some time. The meeting was held in the offices of the company yes- terday morning.
 Mr. Woodward has been a large stock holder for some time and upon the volun- tary retirement of MT. Moore he was elected president. MT. Moore will remain connected with the company as he owns a large block of the stock.
 While no announcement was made 1t Is stated that the company will start work with renewed energy and some cx- tensive Improvements may be made
 MT. Woodward in announcing the change simply said: 'I have been a stockholder for several years. We held an annual meeting today, at which time was elected president and other officers elected. No other business of public in- terest was transacted"
The Birmingham age-herald., 1910-09-21
.BLACHS CELEBRATE
 25TH ANNIVERSARY

The firm of J. Blach & Sons today eel ebrates it's twenty-fifth anniversary, for it was 9 years ago to the day that the first Birmingham store known as "Blachs" was established In a modest lit tie home on First avenue.
 On September 21, 1885, the Blach system of Fair and Square" treatment of the public began Now at the end of the 25 years of honorable and earnest en- deavor the efficacy of the square and lily trade mark is evidenced by the quarters which the firm occupies at Third avenue and Nineteenth street. at'
 Twenty-Five years ago "Blach's" cover- ed about 15OO square feet of floor space. Thirty times that area is the space now occupied, for the Third avenue store measures in floor surface some 42,00o square feet.
 And there is significance behind that array of figures. Such prosperity and such growth are the result of a cause which need not long be sought
The Birmingham age-herald., 1910-09-21
Will Pay w. H. Woodward $1,000,000 for Structure
 Bearing Its Name
TO BE CONSUMMATED AT
 BOARD MEETING TODAY
Understood First National Will Replace Interior Finishing on the Upper Floors, Making Office Build
 ing Second to None

The First National bank of Birming- ham Is about to purchase from w. H. Woodward the First National bank building, the price agreed upon being in round figures $1,O00,OOo. The ne- gotiations for the purchase have been practically concluded and it is under stood that the board of directors, at a meeting this afternoon. will take con- firmatory action in the matter.
 The building fronts 40 feet on Twentieth street and 100 feet on Sec ond avenue. It has a splendid base ment and is 10 stories above the ground Being of steel frame construc- tion the building is regarded as good as new.
 It is said to be the purpose of the bank to replace some of the present interior finishings on the upper floors with handsomer material and to make certain other improvements that will put the structure in a class of office buildings second to none.
The Birmingham age-herald., 1910-09-21
FAILS TO ESCAPE
 FROM AUTO PATROL

Collins Booker, negro, charged with grand larceny, attempted to escape from the patrol wagon yesterday morning, but was not as successful as the one who tried 1t before him. The negro succeeded in opening the bottom of the machine and tried to crawl through the floor. His clothing was caught in the cogs and he was drawn under the car. The engine was choked down and the driver was at loss to explain the stopping Of the en- zine until he discovered that the pris- oner was not in the wagon.
 Booker was arrested at the Southern railroad shops charged with stealing iron. When he was arrested some of the stolen stuff was found In his possession. It was loaded in the patrol wagon with him and he threw it out the bottom be- fore trying to escape himself The de- tectives found three pieces of it after ward and it was used as evidence in police court yesterday afternoon when the negro was fined $50.
 Although the negro was unhurt, his clothes were almost torn from his body by the machinery. There were four screws in the flooring holding the bot tom down and how the negro got these out is a. mystery. Officers are becoming more careful since the second attempt to escape from the wagon.
The Birmingham age-herald., 1910-09-21
DOBBS WILL DIE
 FROM HIS WOUND

Wesley Dobbs the white man who was fatally wounded by Joseph Salisbury at Adamsville yesterday, is barely alive this morning at St. Vincents hospital The hospital authorities state that there is absolutely no chance for his recovery and that 1t is merely matter of hours before his death. His wife and child are in hourly attendance at his bedside, as are several of his brothers.
 Coroner Brasher held an inquiry Into the killing at Adamsvlle yesterday and two men had been enemies for some time. Monday night meeting in the pool room, they began to match dollars. They quarrelled about who won the last dol lar. Salisbury is said to have called Dobbs liar, upon which Dobbs struck him in the head with a bottle. knocking him down.
 Salisbury is said to have made no fur ther attempt to renew the fight, but left the pool room. In a few minutes he came back and came shooting He had fired three times before Dobbs could draw his pistol. From the floor Dobbs returned his fire with fatal effect. Sauls- bury is said to have fired six times. and every bullet took effect.
 It is alleged that Salisbury ran out of the pool room toward his home, which was only a few doors from the place where the shooting took place. He fell at the gate and was carried into the house. where he died a few minutes later. He is survived by a wife and three children.
 It Is thought at the hospital that either the bullet in the breast or abdomen would prove fatal to Dobbs. He has a magnificent constitution, which accounts for his living so long with wounds that would have been instantly fatal to the ordinary man. He was about 30 years old, and is survived by wife and one small child.
The Birmingham age-herald., 1910-09-21
WILL OPEN MINES
 IN WARRIOR FIELD
CHICAGO MEN HERE LOOKING INTO PLAN FOR BARGING COAL DOWN RIVER TO MOBILE FOR BUNKER PURPOSES

T. N. Koehler of Chicago and J. c. Cavanaugh, extensive coal property own CTS In the Warrior coal fields, were in Birmingham yesterday for the purpose of attending to some coal land affairs. The visitors came from Chicago, where MT. Koehler is in the banking business, while MT. Cavanaugh Is interested in coal properties near that city.
 MT. Koehler stated before leaving yes terday for his home that a million dol lars would be spent in the Warrior coal fields to develop the properties. He said the greatest feat to be performed was the bargeing of coal from the source of supply to Mobile for bunker and export shipment in competition with coal from Pittsburg. He added that several Bir- mingham industrial men would be inter- ested in the deal, as well as MT. Cava- naugh and other Chicago men.
 ''The people who are to develop the Warrior fields have several thousand acres of the very best coal lands situated in two counties in the Warrior field" he said. "The mines will have water trans portation for bargeing to Mobile, whence the coal will be exported or sold for bunker uses. In addition we will sell in the commercial field in this city.
 "The mines which our interests will develop will be modern in every respect, and will be among the very best equipped coal properties in the Birmingham dis trict.'
 MT. Koehler was with Walter Moore yesterday looking over the district. He said Birmingham was one of the best towns in the country and was destined to grow every year until 1t became the greatest industrial town in America.
 Business Is good at this time, espe- cially in the coal trade,' said MT. Koeh- Ter. "The indications are that this dis trict will contract for more coal this year than ever before. It seems that more coal will be sold than was mined last year. That means that more will have to be mined. The improvement will call for more men, greater activities, better equipment, more mines opened and other Improvements
The Birmingham age-herald., 1910-09-21
PRESSED HARD COffee's Weight on old Age

When prominent men realize the in- furious effects of coffee and the change In health that Postum can bring they are glad to lend their testimony for the benefit of others.
 superintendent of public schools in a southern state says: My mother, since her early childhood was an in- veterate coffee drinker. had been trou- bled with her heart for a number of years and complained of that weak all over feeling and sick stomach.
 Some time ago l was making an of ficial visit to distant part of the country and took dinner with one of the merchants of the place. I noticed a somewhat peculiar flavor of the cof- fee, and asked him concerning 1t. He replied that 1t was Postum. I was so pleased with 1t that, after the meal was over. I bought a package to carry home with me, and had wife prepare some for the next meal; the whole family liked it well that we discon- tinued coffee and used Postum entirely.
 T had really been at times very anX- ious concerning my mothers condition. but we noticed that after using Postum for a short time, she felt much bet ter than she did prior to Its use, and had little trouble with her heart and no sick stomach; that the headaches were not so frequent, and her general condition much improved. This con- tinued until she was as well and hearty as the rest of us.
 "I know Postum has benefited my- self and the other members of the fam fly, but in more marked degree in the case of my mother, as she was a victim of long standing"
 Ever read the above Ietters A new one appears from time to time. They nre genuine, true, and full of human Interest.
The Birmingham age-herald., 1910-09-21
ALL TRAINS STOP
 AT THOMAS YARDS
OBJECT OF THREE LINES IS TO HAVE AS FEW FREIGHT TRAINS AS POSSIBLE PASS THROUGH THE CITY PROPER

A meeting will be held tomorrow in the offices of A. D. Lightner, general agent for the Frisco. between operating officers of that company, the Illinois Central and Central of Georgia. The officials will work out details for the opening of the Thomas yards. which will occur Octo- Der l. It is planned to eliminate so far as is practical at this time the operation of any trains through the city of Birming ham. All trains of the Frisco and Illi- nois Central will stop at the yards in Thomas. Trains on these lines will also be made up at that point for the west The trains of the Central of Georgia will possibly be operated over the Southern railway tracks to North Birmingham and thence to the new yards without touch ing Birmingham at all. The south bound trains will be operated in a like man. ner.
 The indications are that all switching dangers in the city of Birmingham over these lines will be eliminated There will be, however, some switching to plants situated on the lines in the city.
 
 operate up Tenth avenue, North. How ever, when the new parallel track of the Birmingham Belt is completed down Twenty-seventh street the passenger trains will be operated through the Thomas yards from the main line near Thomas furnace down this line to Thir- ty-second avenue, North Birmingham, and thence down Twenty-seventh street into the Terminal station. These meas ures will very materially cut down dan gers now said to be existing from grade crossings. This move will also obviate the necessity of the Frisco and joint lines constructing some viaducts which were thought to be imperative last year along what is known as Ninth avenue.
 These plans will all come in for discus sion at the meeting here tomorrow. The removal of the shops of the three lines will not involve any great delay, and all matters are expected to be operating smoothly at Thomas in couple of days after the removal work is started.
The Birmingham age-herald., 1910-09-21
PLAN NOT DEAD FOR
 1O-STORY BUILDING
Courthouse Problem May Yet
 Be Worked Out
SOME PLANS SUGGESTED
Board Would Not Submit Another Bond Issue to Vote Without Furnishing the Most Complete Data
 on the Cost
BY EDWIN ToRGERsoN

The new 1O-story courthouse for Jeff ferson county, which perished with the defeat of the $5OO,OOO bond issue, may yet be a reality before the term of the pres hence, according to a well-defined opinion which is being generally expressed.
 It seems to be the popular opinion that the Board of Revenue should accomplish something toward completing the work which has been started to obtain a court house and jail commensurate with the needs of the greatest county in the south, and 1t is felt that the board will be willing to again put the matter be- fore the voters of the county.
 The ignominious defeat of the s500,0GO bond issue, 1t is claimed, was due to con- ditions that do not now exist, and it Is believed that a second election to de- eide whether or not the bonds shall be issued will be easily carried in favor of the issue. It is pointed out that Besse- mer and Ensley and the entire western end of the county will not, for obvious reasons, oppose the construction of a new courthouse at tnlS time.
 No citizen of Jefferson county has yet been discovered who will deny that the county is in pressing need of new jail and a new courthouse. With an average of 220 prisoners crowded in it's every available space, the county jail Is hardly looked upon as a suitable or adequate hostelry even for criminals. The made 1f {c a matter of public jest, and as such is never discussed seriously.
 It will naturally be serious problem with the Board of Revenue as to what means shall be adopted to breach the matter with any degree of success.
 A plan which is known to have been under consideration is as follows:
 Three or four architects will be asked to draw up plans and specifications for bids on its construction. The best bid will be accepted by the Board of Revenue and then the plans and all information as to the bid accepted will be made pub lie. The plans of the proposed new courthouse, the picture and all data con- cerned will be turned over to the news papers that the matter may thoroughly be made public and be thoroughly discussed Then an election will be arranged and the matter submitted to the voters as to the advisability of a three, four or five hundred thousand dollar bond issue.
 Such a method it is felt. will do away with every objection to bond issue to provide for the construction of the new courthouse, as the voters will know pre- cisely what they are voting for and will not be authorizing a s5o0,Oo0 bond issue simply with the assurance that a new courthouse will be built.
 The matter bids fair to become live topic of discussion before long.
The Birmingham age-herald., 1910-09-21
BIRMINGHAM MAY GET
 SOUTHERN AGENTS

A meeting of the executive committee of the Southern Railway Agents associa- tion will be held in Birmingham next Tuesday. The purpose of the meeting is to agree upon a date for the annual con- vention and the naming of place to hold the annual gathering. In addition the executive committee will name the topics to be discussed at the annual gath erng.
 It is probable that Birmingham will be selected as the meeting place for 1911.
 If such Is the judgment of the commit tee, as it doubtless will be, several hum dred members of the association from points touched by the Southern railway will gather here for two or three days. T. L. Hill, local agent for the Southern, is president of the association, and he stated yesterday that every influence will be brought to bear on the executive committee to select Birmingham for the annual meeting next spring
The Birmingham age-herald., 1910-09-21
COMES TO INSPECT
 POSTOFFICE SITES

The people of Birmingham who are tunity of expressing themselves as to the location of the new federal building which is to be erected in this city.
 Representative oscar w. Underwood yesterday received a letter from the act ing secretary of the treasury as follows:
 Treasury Department.
 "Washington, D. C., Sept. 16, 1910. '.Hon. o. w. Underwood, Birmingham,
 Ala:
 "Sr-Ths department has the honor to acknowledge the receipt of your letter of the 10th instant requesting. that an agent be sent to inspect the properties offered for the new postoffice site in your city, etc., and in reply you are ad vised that the department will send a representative to Birmingham at the earliest practicable date. This date it Is not possible to fix at this time. because the recent public building act added a large number of site cases to the con siderable volume of such work already on hand, and as the department has only a few agents experienced in such work careful adjustments are necessary to de- tail them from their ordinary duties without detriment
 "The site agent will be instructed to telegraph the postmaster in advance of his visit what day he will arrive, and this information the postmaster will give to the local newspapers. Thus the pub lie will have due notice of the presence of the agent, and those who wish 1t will be given an opportunity to express their views as to the best location.
 ''The agent when appointed will be also directed to notify you when he expects to reach Birmingham, and the depart ment hopes that it will be practicable to send him in the near future"
The Birmingham age-herald., 1910-09-21
GAS AND OIL MEN
 TO LOOK OVER FIELD

P. M. shannon. Charles G. McIllvain and A. R. Reese, three prominent oil and gas operators in Pennsylvania and West Virginia, are in Birmingham. The vis- itors are here to look into the prospects for oil and gas at Fayette and surround ing country. They will visit the gas and oil properties today in company with sev- eral prominent men of Birmingham.
 MT. shannon, who was here several months ago, said he was very much im- pressed with the probable oil and gas developments in this district, and would give the present conditions very careful thought.
The Birmingham age-herald., 1910-09-21
GIRLS BY HUNDREDS
 GO BACK TO SCHOOL

The days of vacation for the school girls are past, and hundreds of them are leaving to take up their school duties. The most notable railroad movement yes terday was when the Louisville and Nashville operated a special train for 125 school girls to Athens, Ala
 The train consisted of several coaches packed with the light-hearted students who manifested little regret that the school bells were ringing again. The train was occupied by the girls, and one lone conductor, who was designated to watch over them during the three hours run to Athens.
 The train left here at 12 o'clock noon and was scheduled to reach Athens at o'clock.
The Birmingham age-herald., 1910-09-21
CITY ITEMS

K. of P. Meeting Tonight-At the regular convention of Phoenix lodge No. 25 Knights of Pythias, to be held tonight in Maccabee's temple, the rank of knght will be conferred in ampli- fled form on a class of four. Steel City lodge of Ensley will attend in a body and all knights are asked to attend. Refreshments and cigars will be plen- tiful.
The Birmingham age-herald., 1910-09-21
Rate Hearing Not Resumed

The failure of Colonel Gunter special examiner, to arrive in Birmingham yes- terday from Cullman resulted in the rate hearings being passed until this morn ing. Two or three real estate men will take the stand on behalf of the railroads to tell what they think about realty values in the Birmingham district.
The Birmingham age-herald., 1910-09-21
DEATHS AND FUNERALS
w. G. Candlish

". G. Candlish, aged "A, died last night at his late residence, TT Twenty-third street, north. The body will be sent to Jacksonville, Fla, this afternoon for burial by Lige Loy MT. Candlish is sur vived by a widow, two sons and daugh- ter. His sons are Herbert St. J. Cand- fish of Cincinnati, O., and w. G. Candlish, Jr., of Birmingham; his daughter. Miss Ruth Candlish, is at present in valdosfa, Ga., and will meet the body in Florida.
The Birmingham age-herald., 1910-09-21
E.c.pc From City Jail

Four negroes escaped from the city jail some time Monday night. The men owed the city a total of 11o3 days. The negroes were George Davis, 332 days; Arthur Bholdes, 235 days; George Bufford, 217 days. and Lee Phillips. sl9 days.
The Birmingham age-herald., 1910-09-21
William ConoIey

William Conoley, aged "A, died yester- day at his late residence, 22171k Second avenue. The body will be sent to AL bertville for interment today by the Green Undertaking company.
The Birmingham age-herald., 1910-09-21
Change of Name

Certificate of change of corporate name and increase of capital stock was filed yesterday in the office of the probate court by the Marx Paper Box Manufac- turing company. providing that the com pany be hereafter known as the Amer ican Paper Box Manufacturing com pany," and that the capital stock of the corporation be increased from s1o,OcO to s25,00O
The Birmingham age-herald., 1910-09-21

The following. is the local report of the United States weather bureau at Birmingham for the 24 hours ended
The Birmingham age-herald., 1910-09-21
THE WEATHER

Washington, September 20--Weather forecast:
 Alabama and Mississippi-Fai We'd nesday and Thursday; slight changes in temperatures; light variable winds.
The Birmingham age-herald., 1910-09-21
SHAW. The Undertaken. Phones g.

GREEN Undertaking Co. Phones 1902. LICE LoY, Undertaken, Phones 76s.