davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1911-01-13

for rehearing were today announced in the supreme court: E. M. Wheeler vs. Felix Cleveland, ap- peal from Mobile circuit court opinion modified and application overruied. Fred J. Jordan ct al. vs. Mcclure Lum- per company ct al., appeal from Wash ington chancery court; application over- ruled.
 William M. Beach vs. Mcclure Lumber company ct al, appeal from Washington chancery court; application overruled.
 James M. Beach. Jr., vs. Mcclure Lum- Der Co. ct al, appeal from Washington chancery court; application overruled
 J. E. Afford as judge, etc., vs. the State of Alabama ex rel. attorney general, ap- peal from Mobile city court; application overruled.
 City of Mobile vs. F. Kiernan, appeal from Mobile circuit court; application cverruled.
 J. s. Hardeman vs. Margaret Dona- ghey. appeal from Mobile chancery court; application overruled.
 R. H. Bozeman vs. the Sun Insurance company, appeal from Montgomery city court; application overruled.
 Samuel Cans company vs J. c. Tyson, appeal from Montgomery city court; ap- plication overruled.
 Silas Tyson vs. Joseph Norwood ct all, appeal from Montgomery city court; ap- plication overruled.
 Atlantic Coast Line Railroad company vs Dahlberg Brokerage company, appeal from Montgomery circuit court; applica- ton overruled.
 Annie T. Lee ct al. vs. R. D. Reynolds. appeal from Barbour chancery court; ap- plication overruled.
 M. E. Donaldson vs. J. H. Wilkerson, appeal from Coffee county court; applica- tion granted, judgment of affirmance set aside, and judgment of reversal rendered. City of Decatur vs. John l.. Brock, ap- peal from Morgan law and equity court; application overruled. Gus Westbrook vs. Kansas City, Mem. phis and Birmingham Railroad company, appeal from Walker circuit court; appli- cation overruled Black Warrior Coal company vs. Milly West ct al., appeal from Walker law and equity court; application overruled. Louisville and Nashville Railroad com pany vs. Alba Ann Calvert, appeal from Blount circuit court; opinion modified and application overruled. 4s Board of Revenue of Jefferson county vs. the State of Alabam ex rel City of Birmingham, appeal from Jefferson cir cult court; application granted, judgment of reversal set aside, and Judgment or affirmance rendered. John Woodson vs the State of Alabama, appeal from Jefferson criminal court; ap- plication overruled Elmwood Cemetery company vs. George B. Tarrant appeal from Birmingham city court; application granted. judgment or affirmance set aside, and judgment of re- versal rendered. D. B. Lacey ct al. vs. D. J. Meador, ap- peal from Calhoun circuit court; applica- ton overruled.
The Birmingham age-herald., 1911-01-13
COMPROMISE AID
 IN FIGHT ON FEES sheriffs Willing to Give Jeffer-
 son Relief TURNKEY FEE RESTORED Morrow Is Getting Line on His Com mittees and Will Give Frazer
 Supporters Impartial
 Treatment
FEE RESTORED
BY HUGH w. ROBERTS

Montgomery, January 12.-(special.)- As a result of the compromise reached by Senator Morrow and the Sheriffs' as- sociation of Alabama, it is believed that the fight against fees is won.
 AS stated in another column, MT. Mor- row agreed to the passage of a bill by the senate this morning restoring to the sheriffs the turnkey fee. and in turn ex- tracted from the Sheriffs' association a support him in a fight to segregate Jef- ferson county from the remainder of the state in so far as the move against the fee system is concerned.
 As Is known, only In Jefferson county las the fee system proved exceedingly hurtful to the state. The people are aroused only because of the fact that the officials of Jefferson county reap such gigantic revenues from their offices. And now as only Jefferson county is to be dealt with MT. Morrow considers the fight as good as won. He will not have to oppose the organization of sheriffs, which is exceedingly strong. and which GdS dlItduy uOHo lcliiiS Woih Wllh tilC members of the legislature. On the oth- CT hand, he will have the support of that association.
 Without this compromise it Is a prac- tical certainty that the anti-fee bills from Jefferson county could never have been enacted into law. The vote in the senate this morning, 20 to in favor of the res toration of the turnkey fee is a straw which tends to show the direction in which the wind was blowing.
 New Committee Fees
 Inasmuch as the fee system in Jeffer- son county will be assailed in the present legislature, Senator Morrow has divided the old finance committee of the senate into two, the first to be termed the finance committee as of old and the second, the committee on fees and salaries.
 The personnel of that committee will consist of men familiar with the iniquitous system of fees, especially as it is operated in the county of Jefferson. and the re- suit of the work of that committee is expected to do much toward bringing about successful issue out of the con troversy.
 Senator Morrow will name the commit
The Birmingham age-herald., 1911-01-13

experience as men of the world may teach them that in certain conditions it is so common for laborers to remain dur ing a part of the season, receiving ad- vances, and then to depart at the period of need in the hope of greater wages at neighboring plantation, that when laborer follows that course there is fair inference of fact that he intended it from the beginning. The Alabama sta- ute as construed by the state court and as we must take it, merely says, as a court might say, that the prosecution may go to the jury. This means and means only that the court cannot say, from it's knowledge of the ordinary course of events, that the jury could nov be Justified by It's knowledge in draw ing the inference from the facts proved. .s. The right of the state to regu- late laws of evidence Is admitted and the statute does not go much beyond the common law. Commonwealth ys. Rubin 165 Mass. 453.)
 Not Affected By Rule
 Justice Holmes holds that the result he thus reached Is not affected by the rule laid down by the court, but not con- tained in the statute, that the prisoner cannot testify to his uncommunicate in- tentions, and therefore, it is assumed would not be permitted to offer a naked denial of an intent to defraud." An ex- cuse for breaking the contract will be found in external circumstances and can be proved "But if there is a wrong it lies in leaving the evidence to the fury. not affected by the letting in or keeping out an item of evidence on the other side I have stated why think it was not a wrong.
 '"ro sum up,'' concludes Justice Holmes "I think that obtaining money by frauo may be made a crime as well as murder or theft; that a false representation, ex- pressed or implied, at the time of making a contract of labor that one intends te perform it and thereby obtaining an ad- vance, may be declared case of fraudu' lently obtaining money as well as any other: that if made crime 1t may be punished like any other crime, and thai an untustified withdrawal from the prom ised service without repayment may be de- clared a sufficient case to go to the jury for their judgment; all without in any way infringing the thirteenth amendment of the United States.
The Birmingham age-herald., 1911-01-13
News of PanoIa

Panola, January H.-(special.)- )-The St. Louis balloon caused much excitement among Panolians. The colored contin- gent was unable to guess the nature and meaning of the strange apparition in the heavens. From the long time that the balloonists hovered over Panola the real ty men thought they were spotting choice town lots.
 MT. Buckner and MT. Daniels have pur-' chased hoisting engine and pile driver outfit. This outfit will be sent to Silvus. where they are doing construction work.
 Dr. c. P. Lavedder has gone to New Orleans to attend postgraduate lectures in the medical department of the Tu-, lane university.
 MT. and Mrs. J. I. Windham returned today from a short visit to relatives in Cuba, Ala.
 John M. Meek of Gainesville was a business visitor in Panola this week.
The Birmingham age-herald., 1911-01-13

frain from lobbying in or about the capitol during the present session of the legislature.
 That the governor be requested to use all legal and legitimate means to prevent such lobbying to the end that the affairs of the state be attended with calm deliberation and sober Judgment '
 The house convened at 11:S0 o'clock, prayer being offered by the Rev. w H. Preston of Clay county Upon roll being called, 1t was found that 100 members were present.
 MT. Smith of Montgomery introduced a resolution providing for two additional committees of the house, the author of the resolution stating that the rules com mittee had deemed 1t necessary to have these additional committees in order to facilitate the work of the body. The res- olution provides for a division of the committee on banking and common insur- ance into two committees, and the ap- pointment of a soldiers home and pen- sion committee.
 MT. Smith announced that no changes had been made in reference to the num- Der of other committees, or in their classi- fication, each committee to be composed of the following number of members: Ju- dietary, 21; revision of laws, 21; ways and means, 19; privileges and elections, 19; education, 19 commerce and common car riers, 19; agriculture. 19; temperance, 19; local legislation, 19; appropriations, 15; corporations, b. penitentiary and crimi- nal administration, 15; banking, IS; insur- ance, 15; labor and immigration, 15; pub lie roads and highways, 15; mining and manufacturing, 15; county and county boundaries, 15; soldiers home and pen sions. 13; public health, 13; military, 13; public buildings and institutions, 13; capi- tol and grounds, 13; game, fish and fores- try preservation, Il; federal relations, 3; claims and fees. T; public printing, z: en- grossed bills, B.; enrolled bills. 5, and re- vision of the journal. D.
 Mastin's Bill
 Upon motion of MT. Mastin of Mont gomery the bill providing an appropriation for a governors mansion, which was in troduced Wednesday,, was taken from the finance committee and referred to the committee on rules.
 MT. Pitts of Dallas moved that the reading of the journal be dispensed with and that it stand approved. The motion was carried.
 Upon motion of MT. Brindley of Etowah the chair appointed committee of three to inform the senate that the house was ready for the joint session for the pur- pose of canvassing the election returns. This committee consisted of MT. Brindley of Etowah, Mir Long of Butler and MT. Pegram of Marengo.
 MT. Pegram introduced a resolution ex- tending thanks to the students of the Alabama Polytechnic institute at Auburn for the donation of little anvils to be used as paper weights. The resolution was adopted.
The Birmingham age-herald., 1911-01-13
Honduran situation Unchanged

Mobile, January 12.-Officers of the Nor wegian steamer Fjell, arriving today, re- port conditions practically unchanged in Honduras. The capture of Truxillo by Bonilla's forces, the officers say, has not affected business conditions to any ex- tent and although Bonilla and Gen. Lee Christmas are besleging several coast towns, there has been no fighting of any consequence. The whereabouts of the gunboat Hornet are unknown, but the Honduran gunboat Tatumbla is in the harbor at Puerto Cortez, her condition being such that work in the open sea is practically impossible. The United States cruiser Tacoma Is keeping a sharp lookout for filibusters and every vessel approaching the coast is overhauled and spoken by the United States war vessel. The revolutionists have made headquar- rers upon Ruatan island of which they are in complete control.
The Birmingham age-herald., 1911-01-13
SOME FRICTION FOUND IN
 JEFFERSON'S DELEGATION
By HUGH. w. ROBERTS.

Although a similar view is not taken by other members of the delegation, it is evident that each man knows that he was chosen to represent the county to the best of his ability, and that his pledge to this effect will not be perturbed by any personal differences, however keen they may be.
 Mir. Motion, as is known, will introduce some of the most important of the bills having their origin in Jefferson. Among these are the various anti-fee bills framed by Sidney J. Bowie and others at the in stance of the Birmingham Chamber of Commerce. Another important bill to be introduced by MT. Motion is that hav- ing for its object the repeal of the Fuller and Carmichael prohibition measures.
 It is considered that the little animosity existing between several members of the delegation and MT. Motion will pass away before many more days, and that the delegation as a whole will present a strong and solid front in the fight for the legislation which Jefferson desires and which is considered of the utmost impor- tance to Jefferson.
The Birmingham age-herald., 1911-01-13

2L-On privileges and elections, includ- ing grievances, inabilites and registration to consist of seven members.
 22.-On military to consist of three mem- bers.
 29.-On federal relations to consist of five members.
 24.--On agriculture to consist of seven members.
 25.-On forestry, conservation and pres- ervation of game to consist of seven mem- bers.
 26.-On public buildings and grounds to consist of five members
 27-On public printing to consist of three members.
 2S.-On engrossed bills to consist of three members.
 29.--On enrolled bills to consist of three members
 30-On revision of the jurnal to consist of five members, whose duty it shall be to examine in reference to each bill or resolution finally passed by the legisla- ture and report whether the journal con- tains the entries in reference thereto re- quired by the constitution.
The Birmingham age-herald., 1911-01-13
COMERS FAREWELL DINNER
 TO ADMINISTRATION FRIENDS

seems that the gathering was determined not to bury Caesar but to praise him be- fore the conclusion of the dinner. The governor was assured that in his travels after wild game in Alaska there would be few men in Alabama who would raise petitions for the safety of the bear. Along with his other virtues the governor was congratulated in that he had furnished more copy, and more lively copy, for the newspapers than any man who had pre- ceded him, or who will follow.
 The governor was exceedingly happy in his remarks, and his humor never ap- peared to better advantage. His dinner was an elegant affair. And the tributes paid him by those present were evidently from the heart. There were about 50 guests.
The Birmingham age-herald., 1911-01-13
Morris Flights Kennedy

Bartlesville, Okla. January 12.-Carl Morris, the former engineer in whom Oklahoma is pinning her faith to defeat Jack Johnson. will fight Spike Kennedy of Kansas City here tonight. The bout is scheduled for 15 rounds. Morris will have every physical advantage. He weighs 235 pounds. Heretofore Kennedy has fought at 165 pounds but of late he has taken on weight and now weighs almost 200 pounds.
The Birmingham age-herald., 1911-01-13

Montgomery, January 12.-(Special.)-A Barbour county pig and 40 Barbour coun- ty birds vied with the wit and good hu- nor of Alabama's governor tonight when he bade an official farewell to the pow CTS of his administration.
 The dinner occurred in the private din- Ing hall of the Exchange and at the con- clusion of the evening one realized that it was not necessary for the governor himself to attempt defense of his ad- ministration. There were too many ap- bearing in that role already. Although the governor is on the eve of departing into the realms of obscurity, judging from the remarks of the celebrants, 1t
The Birmingham age-herald., 1911-01-13
GETS SHERIFFS' AID FOR FIGHT
 ON FEE SYSTEM
CONTINUED FROM PAGE D

.of the resolution, another resolution was introduced by MT. Beasley, send : ing greetings to Senator Bankheao ana urging him not to come to Montgomery on inc occasion of his reelection un- Iass he should especially desire to do so.
 A joint meeting of both houses will he held on Wednesday, January IS, to canvass the returns.
 Following upon the passage of these resolutions the senate adjourned until noon tomorrow.
 Session i'm House
 That an effort will be made to pre- vent all lobbying in and about the ca nitol was clearly shown by reso- lution presented to the house today by Representative Sanders of Pike county, The resolution calls upon the governor of the state to use all le- gitimate and legal means to prevent lobbying by partisan organizations and if is believed that the resolution, which was sent to the rules committee, will be adopted.
 The resolution reads:
 "Whereas, the time for discharging the duties that claim the attention of this body is limited such not being more than necessary for the proper dis charge of those duties in plain bus mess like manner; and
 "Whereas, any unnecessary lobbying by partisan organizations cannot be re- garded as representative of the whole people, and might tend to improperly influence the peoples representatives; and
 "Whereas. most of the great ques- tions affecting the people of Ala bamaL at this time have been freely and fully discussed. and the members of this body have been elected upon a knowledge of their views upon tn 6 questions of the day, therefore, be 1t Resolved, That this body must fe- spectfully ask all partisan representa- tives of particular organizations to re-
The Birmingham age-herald., 1911-01-13
Celebrate Mobile CentenniaI

Mobile. January 12.-(Special. )-Mobile will celebrate the second centennial of the city's existence during May in all probability. according to a suggestion to Mayor Lyons by the Iberville Historical society. The matter will be taken ID with the city council ct once.
The Birmingham age-herald., 1911-01-13

Montgomery. January 12.-(Special)- The impression has gained headway that on account of a split in the Jefferson del egation, important legislation in which the big county is intensely interested will Dc seriously handicapped.
 Reference to this impression has got into the press of Montgomery.
 It is true that when T. H. Motion cast his ballot for Judge Almon as speaker of the house. when he had pledged him self to support MT. Long. there did occur disaffection between the Long faction of the delegation and MT. Motion. But few believe that this disaffection will be permanent, or that 1t will be able, in case it is permanent, to affect the chances of the bills from Jefferson county which are considered of great importance ito the county.
 Mir Motion states that he voted in &C., cordance with the dictates of his heart and that time will vindicate him.
The Birmingham age-herald., 1911-01-13

The following rulings on applications
Evening times-Republican., 1911-02-10
Grinnell and Vicinity.

Special to Times Republican.
Grinnell, Feb. 1O.-CHfford Powell.
who had a close call on Monday night
last when the gas apparatus at his
home sprung leak and he came near
asphyxiation, seems to have entirely
recovered.
The Misses Agnes and Mildred War
burton, Of North Park street, are hav-
ing the pleasure Of a visit from their
cousin, Mrs. c. w. Warburton, Of st.
Paul.
Beginning at o'clock tomorrow
morning at the Congregational church
CT this city will be held q series of
meetings as a conference upon the ap-
portionment plan This conference has
been called by Chairman johnson OF
the National Council Commission and
will continue thru Saturday and part
Of Sunday. Addresses will be given
tomorrow morning by Mrs. F. E. HUI
burd, treasurer Of the woman's board
Of missions Of Iowa, Notes by the
Way: Miss Flora Starr. 'The Appor-
tionment Plan: and Chairman john
son of Minneapolis. Beginning at
o'clock in the afternoon addresses will
be given by Miss Agnes FHnenga. of
Mardin. Turkey; Mrs. Lydia Lloyd
Davis. missionary from China; Mrs. F.
E. Hulburd. Of Iowa: and Miss Cora
Welpton. OF Marash, Turkey. On Sun
day afternoon there will be meeting
in charge Of Chairman johnson, of
Minneapolis: Mr. Roger Leavitt, Of
Waterloo: and Rev. Mr.. Thrush. OF
Spencer. Missionaries will also occupy
part or all Of the evening service un-
der the auspices OF the brotherhood
with addresses on missionary topics.
Much general interest is already ex-
pressed in this conference. and the
thrilling experiences Of the missionary
speakers Is looked forward to with the
hope OF awakening Q stu wider in
terest.
At the home Of her daughter, Mrs.
I. 8. Bailey. Jr.. on Wednesday morn
ing, death came to Mrs. Anna jeanette
Houshton. resulting from paralysis. at
the age Of rs years. Funeral services
were held at the home yesterday after
noon in charge Of Prof. Charles Noble.
She leaves a husband. three children
and an adopted daughter. Mrs. I. g.
Bailey. Mrs. A. A. Foster fthis city.
John HouEhton OF Edmore, n. D.. and
Mrs. Lockhart. Mr.. ana Mrs. Hough-
ton have been residents Of this vicinity
for the past forty years.
AS result OF the recent water agi-
tation in this city and the trouble the
city has faced in the collection Of the
water assessment where pipes have
sprung q leak and the bill has been
found Immensely beyond expectation
because Of that fact. the city council 1T
Evening times-Republican., 1911-02-10
chieaao Hay Market.

Chicago Hay Market.
Chicago. Feb. 1O.-The hay marke'
rules easy. Receipts. 1.77S tons; ship
ments. 81 tons.
Choice etimothy-3ls.5o@ls.oo.
No. timothy and No. mixed
s1b.5o01s5o.
No. 3 timothy and No. mixed =
$11.o0@16.0o.
No. timothy-317oo@1s.oo. !.
Kansas and Oklahoma prairie
choice-314.b0@15
Kansas and Oklahoma prairie
No. 1-313.50dp14.00
Kansas and Oklahoma prairie
No. 2-311.oo@l2.o0.
Iowa. Minnesota. Nebraska and Da-
kota prairie, choice-313.0 00@14.o0.
Iowa. Minnesota. Nebraska and Da-
kota prairie. No. 1-S11O0@12.00.
Iowa, Minnesota, Nebraska and Da-
kota prairie. NO. $4,000 1880.
Illinois, Indiana and Wisconsin
feeding-$S.00@1
Illinois, Indiana and Wisconsin
packing-$7.00@S.00.
Rye straw-$S.00@8.50
Oat straw-$7.00@7.50
Wheat straw-$6.O0@6.6o.
Evening times-Republican., 1911-02-10

fower. This probably accounts for the
difference Of opinion between buyers
and sellers regarding tho appreciation.
Dressing sheets tell the story more
accurately than scale ticket prices.
Some of the dressing percentages on
yesterdays buying show beef cost so
cents per cwt higher than the low spot
Of last week. when buyers were plum
ing themselves on their accomplish
rnents.
The sheep and lamb trade was fully
as good as at the best time yesterday,
and in spots showed to better advan-
tage. as buyers seemed to be little
more anxious to take hold.
A lot of Michtgan-fed lambs again
showed up Thursday, q source Of sup
ply from which Chicago has drawn
heavily Of late weeks, due to the more
attractive level OF prices that have
been paid here than in the east Choice
handy weights were put over at $6.2b'
along with some westerns from Iowa
feed lots. There was lighter quota
Of choice light lambs here, however.
than on Wednesday, and an absence or
Colorados, the top making stuff OF
Wednesday. A spread Of s6.Oo@6.lo
took many Of the good handy weight
lambs, while feeder buyers absorbed
some good shearing sixty-three-pound
stock at $50. Some shorn lambs OF
good light class went at 1926. with
$3.50 taking a band Of shorn lambs
carrying about two months growth OF
wool, the price being the same as made
Tuesday for their mates Few wooled
lambs beat $5.75. The general trade
Thursday showed about a 25-cent ad-
vance over last weeks closing
Evening times-Republican., 1911-02-10
oats-No. 8 white, 2s@2sA; No. 8,
St. Loui. Cash Grain Market.

FURNISHED by Z. j. Moore. grain mer-
chant "a East Main. phone 6Sl
ST. Louis. Feb. 10.
Wheat-No. red, 9S01.O0: No. 3
red, 97@9S: No. red, S0Qa0: No. .
hard, 92@97: No. 3 hard. 9o@92; No.
hard, s0@sS.
Corn--No. 2. 45; No. 8. 1904; No. 4.
Al: No. yellow, 46 No. 3 yellow. 4S
@45: No. white, 45 Il m45 "a No. s
white, 4t15 @45A
Oats-No. ., 311s: No. 3, 31l4; No.
3, 291a6so; No. white, s212: No. 3
white, 311a 032: No. white, 31@ 81 ":
standard, 32@321a.
Evening times-Republican., 1911-02-10

New York, Feb. 10.
Butter = Steady; receipts. 400;
creamery specials, 20.
Egg@Weak receipts, 1860: fresh
gathered selected extra, 21122: 1rsts,
1872 q 20: seconds. 1903; western
gathered white. 24@27.
Poultry-Alive. weak; chickens, 1919
Ola fowls. 1919 61s: turkeys. 5000:
dressed. dull: chickens. 13hs q 10; fowls,
1872 916; turkeys, 1923.