davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1911-09-09
IS GROCERS' DECREE LOCKED IN SAFE? RumOr Says It Is Ready for
 Signatures GOVERNMENT WINS Understood Agreement Embraces All Points Asked By the Govern
 ment in It's Dissolu-
 ton Suit

It was generally runrored around the federal building yesterday that a de- cree agreed to between attorneys of the department of justice and attor- news for the Southern Wholesale Grocers' association was in safe in the offices of the United States district attorney.
 It was further learned that the de- cree had not been signed by the at torneys for the two interests, but had been agreed to at conference held in Washington between the attorneys for the department of Justice and the at torneys for the Southern Wholesale Grocers' association. It is said, the de- cree, the existence of which Is denied by attorneys for the association. grants the prayer incorporated in the disso- lution suit filed by the United States against that association several months ago. The government prayed for a dissolution upon many grounds and re- quested other relief, all tending to pro- hibit the further operation of the as- sociation.
 The denials by President McI.aurin and Caruthers Ewing, the latter at torney for the association, and state ments that a decree would not be en- tered after 1t was generally believed a compromise had been reached. has created no end of interest in Birming- ham. Those who are deeply concerned in the case have been at loss to de- determine what is to occur.
 It Is said to be a fact now that un- less former agreements are repudiated the case will be ended within very short time by the recording of de- cree dissolving the grocers' associa- ton.
 The officials interested in the situa- tion will not give out any information officially, but the officials of the de- partment of justice, who have been handling the case, are firmly of the opinion that the case will see its com pletion within a short time.
 It Is apprehended that before the present term of court is over the de7 the United States circuit court, Judge William I. Grubb presid- ing and that the decree will be found to incorporate every prayer made by the United States gov ernment in it's dissolution petition.
 It is recalled here that Caruthers Ewing, attorney for the gorcers, said that his association would be perfect ly willing to grant the government a
 
 ence was held al Nashville in an effort to get the case compromised, and later another conference was held in Wash ington. The later conference was a failure, but subsequent and third con ference is said to have been held when the decree was agreed upon.
The Birmingham age-herald., 1911-09-09
LETTERS TO EDITOR
General Ferguson's Contention

TO the Editor of The Age Herald:
 Several newspapers have stated that l have filed a plea in the criminal court at tacking the constitutonality of the Smith act, and good many persons have asked me about it. The fact is that l have filed no such piea.
 What did do may be stated as follows: The result of the election held under the Smith act on August,24 last was to repeal the prohibition law as far as Jefferson county was concerned. All prosecutions for a violation of those laws were ami Inflated by the repeal of those laws, un- Hess the repeating act Smith bilD contains saving clause as to those prosecutions. After mature study I came to the con- ciusion that there is no saving clause in Mhe repeating act, and filed my plea ac- Icorcing1y.
 Section 96 of the Smith bill provides that nothing in this act shall effect prosecu- tione pending in the courts. My conren- ton Is that the use of the verb "efrect by the legislature, renders that section meaningless and nugatory as saving clause for existing prosecutions under the prohibition laws.
 I have been asked to publish my pref or cite the authorities on which my opin- Son Is founded. This would not be fair or courteous to the judge who is to hear and determine the question. The brief win be fled in his court very shortly, and those interested in the matter can have access to 1t by his permission.
 It Is proper to state that beforS filing Efhe plea I took great pains to ascertain whether or not the ninety-sixth section of the act, as published, was an exact copy of the enrolled act now in the office of the secretary of state Being assured bv the highest authority that 1t was a true copy, filed the plea.
 F. s. FERGUSON.
 Birmingham, September s, 1911.
The Birmingham age-herald., 1911-09-09
DAIRY
 EXHIBIT AT FAIR Expert S. I. Bechtel Here Yesterday-PrOf. Dun..
 can Also in the City

s. l. Bechtel, United States government dairy expert. who will be in charge of the Model dairy at the Alabama state fair, was in Birmingham yesterday con ferring with the fair officials with re- gard to the dairy exhibit.
 MT. Bechtel was only recently assigned to the dairy work in Alabama by the government, and he comes highly recom- mended by the department of agriculture as a man of scientific knowledge of 'ip- to-date dairying His presence and knowl- edge of his department will insure a splendid showing in the dairy depart ment of the fair.
 MT Bechtel will be assisted in demon- strating the Model dairy by J. H. Me Clain and two dairy students from the experimental station at Auburn.
 With the entire live stock and dairy department under the supervision of w. E. Matthews of Powderly, and the splen- did work of Messrs. Bachtel and Me Clain, the Model dairy of the state fair should prove big attraction. It IS worthy of note that since the Model dairy was first installed at the Alabama state fair, nearly dozen model dairies have been established in this section.
 Prof. L. N. Duncan of the govern ment experiment staation at Auburn, was also in the city yesterday conferring with the officials of the fair regarding the corn club exhibits to be made. Prof. Dun can Is an enthusiastic on the subjec, of corn culture, and has thousands of boys in Alabama lined up and vieins with each other in the production of corn this year. He states that he expe--s to bring up the finest collection of corn ever shown, and that this exhibit will represent more to the future men or Alabama than any one thing demonstrate ed and shown at the state fair this year. Prof. Duncan stated further that the government experiment station at Aubar1 was getting it's general exhibit reaoy for the fair and would make splen- did showing.
The Birmingham age-herald., 1911-09-09
DAYS RECORD OF
 COUNTY COURTS

In the first division of the crimlnai court yesterday. Judge Frank M' Cahalan presiding, w. R. Womack' white man, was found guilty of violat- ing the prohibition law, and was fined $50 and the costs of the suit.
 In the second division, before Judge Is. l.. Weaver, a number of offenders were convicted on various petty charges.
 Frank Wallace, Fred Worth. sam Clarke, Jake Jackson and John Thomas all plead guilty to the charge Of Sun day gaming, and were assessed fines of $10 each, with costs.
 Waddill Hudson, who was convicted of carrying concealed pistol, was fined $25O and costs
 Green Goodwin was found guilty Of assault and battery with weapon and given fine of $250.
 John Gamble was fined $25 and costs on a charge of assault and battery with a weapon.
The Birmingham age-herald., 1911-09-09
INSTITUTE FOR THE
 NEGRO TEACHERS

The state department of education has decided to hold an institute for negro teachers in Birmingham September ll-lS The matter has been placed under the su- pervision of C. B. Glenn, assistant super intendent of city schools. MT. Glenn has assigned the work to four of the princi- pals of the negro schools of the city-A. H. Parker, principal Industrial High school: w. c. Davis, principal Thomas school; G. S. Lewis. principal Lane school, and w. R. Wood, principal Davis school.
 The meetings will be held in the In- dustrial High school building, corner Eighth avenue and Eleventh street, north.
 This institute is held for the beneht or the colored teachers of Jefferson and the adjoining counties.
 ! A number of prominent educators will address the teachers during the weekt
The Birmingham age-herald., 1911-09-09
REYNOLDS TALKS
 OF NEW FURNACE Says Birmingham Can Get Important New Industry
 With Little Effort

W. B. Reynolds is in the city, having just returned from a trip through British Columbia and the Pacific coast as far down as San Francisco. MT Reynolds lives in Montevallo but spends much time in Birmingham, having been associated with some of the largest mineral land deals made in the district.
 Coming back he stopped in Denver, and while there investigated the Parkinson CTS in that section.
 T hardly believed what the officials of the company told me Of this wonder full patent, and was only convinced when T went to the various large plants using it and saw with my own eyes what it was doing" said MT. Reynolds.
 For instance, at one plant, using a 300 horsepower boiler, the fireman was using the poorest slack coal I ever saw, and keeping up steam without trouble He only drew out his ashes once in two days, and then only had about two wheel barrows full of light ashes that almost blew away in the wind. In addition to this there was an almost entire elimi- nation of the smoke nuisance and a aav- ing in the amount of fuel over the old style furnace of 25 to S5 per cent.
 ''The firemen told me they never had olinkers and 1t was an easy job to keep up steam
 "The company owning the patent Is capitalized at million dollars, and give their guarantee to cut the amount of fuel used at least 25 per cent or no charge for their equipment. The patent has been in existence several years, but having been tied up in litigation could not be pushed. This has all been settled, md they are now looking for new fields, Among the companies using it are Senator Clark's silver smelters; the great Vindi- cator Gold Mining company. who over their own signature have said the new equipment was saving them $10o0 a month on their fuel bills sthe Golden Cycle Min ing company at Colorado Springs, syhich says their saving is $500 per month; the Pewabic Gold Mining company, which says its saving has been 8 per cent, and many other of the large companies give similar statements. As to repairs on the furnaces. they guarantee to keep them up for s75 year. I asked the firemen I talked with and they said there were practically no repairs needed
 "The point I am getting at said MT Reynolds, lis this: It Is a large and dse- ful corporation, backed by some of the most substantial men in Denver, I told them of the great district that could be supplied from Birmingham as a base. Of course it would 1ecessitate the forma- ton of subsidiary company here, and have all the equipment manufactured in Birmingham. l could not help thinking of the great relief to the city if the smoke nuisance was abated, to say nothing of the enormous saving in fuel which coul1 be turned into dividends. The cost Of installing the equipment under any boiler is nominal compaped to the greater eff ciency of boiler power and saving in fuel over the old style furnace That it is an enterprise that would be of great benefit to the district and one that can be gottea here by proper effort may not be doubt ad ',s ....
The Birmingham age-herald., 1911-09-09
THREE BOYS ARE HELD ON
 CHARGE OF COUNTERFEITING

The officers state that they have had knowledge of a band of counterfeiters for some time past, but have been unable to locate them to their satisfaction until a short time ago, when raid was decided on. It is alleged that the boys have been making 50 cent. 25 cent, and cent pieces, and it is claimed by the officers that Ross has confessed to passing considerable sum of the money in Birmingham.
 It is thought that but for the warning of a bull dog, which was fastened in the yard, the officers would have caught the boys red handed The dog attempted to make meal of Officer Cole, but the ami mai was driven back and the officers en- tered. The dog bad given the boys enough time to throw the tools in the grass and attempt to hide the other evi- dences of their guilt.
The Birmingham age-herald., 1911-09-09

Charles Ross, Thomas Payne and Gil- bert Moore, three young white boys, were arrested yesterday morning on charges of counterfeting by Detectives Paul Cole and Harry Goldstein of the police force and k. P. McAdams of the United States Secret Service. The three boys were lodged in the county jail where they are being held in default of bond in the sum of $500 each.
 The arrests were made yesterday morn ing about 9:30 o'clock at New Georgia, several miles from North Birmingham. W When the boys saw that they were dis covered they threw the molds and babbit in the grass, but the tools were easily found by the officers. About BIO In coun- terfeit money was found on the premises and it was confscated.
The Birmingham age-herald., 1911-09-09
Court of Common Uleas

In the first division of the court Of common pleas yesterday Ike young white men of Ensley were brought pe- fore Judge l. Fl. Benners on charses of vagrancy Three of the cases were dismissed on account of the prosecutions failure to establish case, and the other two were continued two weeks, with the understanding that, If in that time the men go to work, the cases against them will be dismissed.
 Judge Hunter, colored. charged with assault with intent to murder, was dis- charged for want of prosecution.
 The case against Jake Harris, ac- cused of burglary and grand larceny was continued to the 18th of Septem- her
The Birmingham age-herald., 1911-09-09
ST. BERNARD TO
 OPEN TUESDAY

St. Bernard college. near the .city of Cullman, will begin it's scholastic year 19li-1a next Tuesday The Rev. Father Lawrence, O. S. B.. of the faculty, is in Birmingham and will escort large num- Der of boys from this district to Gull man for enrolment at the college.
 A large steam-heating plant of the most modern design has just been installed at st. Bernard and other improvements have been made there during the summer.
 Father Lawrence's Birmingham address is St Pauls rectory. It was stated yes- terday that all indications pointed to an overflow enrolment at St. Bernard this falI.s
The Birmingham age-herald., 1911-09-09

For the first time since the commission form of government began here, Presi- dent Culpepper EXum occupied the throne room alone yesterday and held full and undisputed control of all or Greater Birmingham. For the time being Birmingham was again under Mayor Exum as his two associate commission CTS were away from Birmingham'
 Commissioner A. o, Lane, as generally known is in Montgomery, having gone to that city yesterday morning Commits sioner James Weatherly has been there two days. MT. Exum anticipated that he would be the supreme power yesterday and he remained closely at his office, looking after innumerable requests for aid
The Birmingham age-herald., 1911-09-09
ADJUSTMENTS
"The Girl From Rector's"

'rhe Girl From Rector's" is a comedy with endless complications that keep the audience in ferment of excitement all through the play It has had staid Boston and dignified Philadelphia laughing loudly over the many funny things of the play. It is claimed that as clever a bunch of eQ- tertainersa as ever were banded to- gether will be with The Girl From Rectors" at the Jefferson theatre next Tuesday.
The Birmingham age-herald., 1911-09-09
EXCELL CHORUS
and Superintendents Re.
 auested to Announce Meeting

All divisions of the Excel chorus will meet together tomorrow afternoon at 3:3O o clock st the First Baptist church. Bir- mirgham. Prof. Stephen Allsop will di- rect the singing Jack X. Thomas, man ager of the western division, desires every member of his division to be pres ent on time. w. T. Nall, manager of the eastern division, wants his members to turn out in full force, outnumbering either of the other divisions.
 Jeff Bailey, manager of the central di- vision, is especially anxious for those members of the central division last year. who have not yet been to any practice this year. to be sure to come tomorrow.
 All pastors and superintendents are re- quested to announce the meeting at ser vices tomorrow morning.
The Birmingham age-herald., 1911-09-09
EXUM WAS IN SOLE CHARGE OF
 CITY'S AFFAIRS YESTERDAY

and assistance and attending to other routine matters. Those who frequent the city hall, the presence of the Mayor" in the Mayors" offices without his as sociates were reminded forcibly of the time when the councilmanic form of gov ernment was in existence.
 President Exum held several confer ences yesterday with friends relative to various topics. In the afternoon he ie- clned an invitation to attend the ball game, remaining at the executive offices until late in the afternoon. He was good natured enough, however, to lend his au- tomoble to Secretary Scudder Ryall and Harry Jones, who attended the baseball game at Redwood.
The Birmingham age-herald., 1911-09-09
Abernethy Holds Snith
 Bill Is Now Tn Effect

of a cash of beer which they seized. The controversy came up over the section of the Fuller-Carmichael bill which made 1t unlawful to store liquors for unlawful purposes, and made such liquor liable to seizure, d provision which is not found in the Smith bill.
 T have studied the bill carefully" said Judge Abernethy "and I can come to no other conclusion than that 1t became in full force and effect immediately after the probate judge announced the result Of the election. I cannot concur in the orinior that it was intended to come into effect by sections"
The Birmingham age-herald., 1911-09-09
Briggs Party Delayed
 Tn Reaching The City

The party includes prominent men from Philadelphia, Baltimore, New York and elsewhere. Today they will be taken in automobiles over the property lines of the company, where they will make an inspection of the work. They will re- turn to their homes Monday morning, unless something unforeseen occurs. The statement was made by MT. Briggs that the trip was made here in order that those gentlemen interested in tho work might see how McArthur brothers were progressing with the new street railroad. He said that the inspection would be made today.
The Birmingham age-herald., 1911-09-09
Suits Filed

In the city court yesterday suits were filed as follows
 Andrew J. Lawson, administrator or the estate of Lee Lawson, deceased, vs. the Tennessee Coal, Iron and Railroad asking for $20,000 for the death of his intestate by the alleged negligence of the Tennessee company
 Julian Fulenwider vs. the Birming- ham Realty company for $1o,o0o. Fulen- wider claims that the realty company, in ditching certain of it's lots on the Vanderbilt road. built up the road to such an extent that water was turned by it onto his lot across the road, to his great damage.
 Mrs. Laura B. Robinson vs. the Ala bama Great Southern Railway com- pany for s5ooo for alleged inconveni- enco and discomfort suffered by her
The Birmingham age-herald., 1911-09-09

P. S. Briggs, president of the TNdewater and a party of s7 prominent men interested in the construction of the independent street car line from East Lake to Bessemer, reached Birmingham last night. The arrival of the party of cap italists was delayed on account of the accident on the Southern yesterday. The party went to the Hilman, accompanied by J M. Dewberry and other local men interested in the Tidewater companies. The Hillman management had previous ly reserved 25 rooms for the party dur ing their stay in this city.
The Birmingham age-herald., 1911-09-09
Real Estate Transfers

Deeds of conveyance of the following real estate transfers, in which amounts of $500 or more were involved, were filed in the probate court Friday:
 $575-D. K. Atkinson to J. S. Marks. Jr., lots 16 and r, block 146, North Blrmfng- ham Land company's survey.
 s650-W. O. w. Franklin to John T. Camp, Jr, part of the southwest quar- ter of the southwest quarter of section 20, and part of the northwest quarter of the northwest quarter of section %, township 16. range i west
The Birmingham age-herald., 1911-09-09

Judge H. B. Abernathy of the com mon pleas court rendered his decision yes- terday morning that the Smith bill is now law, and in full effect, being made law as SCOT as the result of the recent, local ortior election was declared by the probate judge. As consequence or rnis decision 1t follows that the Fuller-Car- michael bill is no longer law, and that seizures of liquors made under the law after the local option election was held were illegal.
 The ruling was made in the case of Henry Luherman vs Officers Daly and Gcldstein for damages for the conversion
The Birmingham age-herald., 1911-09-09
At the BijOu

For the first time this season the patrons of the Bijou have a Saturday matinee. the favorite performance of the week. with hundreds of women and children. As result the manage ment is looking forward to an au- dience that will pack the theatre to the limit. Beverly" is a play that women and children like, for 1t has comedy, love scenes and enough of war and intrigue to make 1t exciting at all times. A favorite comes next week when Raymond Paine heads a
 large and strong company playing a return of The Millionaire Kid"
The Birmingham age-herald., 1911-09-09
City Court, Chancery Division

In the chancery division of the city court yesterday, O. S. Parker filed bill asking for relief from inequitable and usurious interest charged him. as he claims, by w. E. McCarty. Parker claims that he borrowed $30 from Me Carty on December 15, lslo, ana that he has been compelled to pay $36 in- terest on the loan, the total amount paid back to the lender of the money being $66
The Birmingham age-herald., 1911-09-09
At the Orpheum

This is the last day of Dante's In ferno" at the Orphelm, and those who would see the greatest picture ever conceived and executed for a motion picture should avail themselves of either the matinee this afternoon or the performance tonight. The picture runs for two hours and is realistic.
The Birmingham age-herald., 1911-09-09

while a passenger on the railroad from York to Attalla on the 4th of July, 191l
 F. B. Dodge brought suit in the cir cult court against Nat G. Clark for $1 50, alleging that he willfully and malici- ously injured a dog belonging to him, so that the dog died.
The Birmingham age-herald., 1911-09-09
Services at Sayre School

The Rev. E. Arnold Wright of this city will preach in the new school house at West Sayre Sunday night at 7:So o'clock. Text: Draw nigh to God and He will draw nigh to thee" The public is cor dially invited.
The Birmingham age-herald., 1911-09-09

Thousands are sick ever year with some form of Bowel Complaint. Thous- ands are cured by taking DR. SETH ARNOLD'S BALSAM.
 Warranted to give satisfaction by Eugene Jacobs Drug Store.
The Birmingham age-herald., 1911-09-09
EOR RENT.

LARGE NEW STORE, NO. 4O6 NORTH 2OTH sTREETj STEAM HEAT AND WATER FURNISHED. IMMEDIATE POSSESSION.
 LOUIS V. CLARK & co. PHONE COZ. 4TH AVE. AND BOTH ST.
The Birmingham age-herald., 1911-09-09
Marriage License Issued

The following marriage license was is- sued from the probate court Friday: John McKeever of Republic to Miss Mary Rhey.
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1911-06-23

There is more Catarrh in this
section of the country than all
other diseases put together, and
until the last few years was sup
posed to be incurable. For a
great many years doctors pro-
nounced it local disease and pre-
scribed local remedies. and by con-
stantly failing to cure with local
treatment pronounced it lncurable.
Science has proven catarrh to be a
constitutional disease the therefore
requires constitutional treatment.
Halls Catarrh Cure manufactured
by F. j. Cheney & Co.. Toledo.
Ohio, is the only constitutional
cure on the market. 1t is taken
internally in discs from 10 drops
to teaspoonful. 1t facts directly
on the blood and mucous surface
of the system. They offer one
hundred dollars for any case it
fails to cure. Send of circulars
and testimonials. y.
Address: j. F. CHENEY & co,
Toledo, Ohio.
Sold by Druggists Use.
Take Halls Family Pills for
constipation.