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Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1911-02-11
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Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1911-02-11

Eim Tree PFsss- Fine Printing
The Birmingham age-herald., 1911-06-08
CASE OF
 WRAY STARTED
Fred Fulton is First Witness to Be Put On the Stand in
 This Case

The case against Richard Wray, alias Dick" Wray, charged in one instance with assault committed on Arlie Barber, and in another with carrying concealed weapons, was in hearing before Judge Frank Cahalan in the first division of the criminal court yesterday afternoon and will be continued and probably finished this morning
 The case comes of an attack, as will be recalled. made last October on Arie Bar Der, the well known druggist, following a speech he made before the City Council denouncing certain parties as violators of the prohibition laws. Barber was caught in his place of business on First avenue by several white men and badly beaten and bruised.
 A warrant was sworn out against Rich ard Wray as one of the parties to the assault and given a hearing shortly after wards which resulted in a mistrial. This time there are about 12 witnesses on either side, Fred Fulton, a clerk for Barber, being the first to be put on the stand.
 Solicitor II. P. Heflin and Zebulon T. Rudulph are conducting the prosecution, while the defendant Is represented by At torneys Gibson, Davis and Beddow.
 John Hawkins, charged with assault with intent to murder was found guilty by the jury in the first division of the criminal court yesterday morning.
The Birmingham age-herald., 1911-06-08
JUNE IS WILL BE
 MERCY SUNDAY
Humane Society Active, As Shown By Presidents Monthly
 Report

Following is the monthly report of the Birmingham Humane society, submitted recently:
 By Regular Officer R. G. Patton Ar rests. Il; convictions, s; complaints in yestigated. g; warnings issued, "A; com paints unfounded, l; complaints of ill treatment of children, 3; horses killed by officer 2; mules killed, 1; cows killed, 8; 6ogs destroyed that were injured or dis eased, 9.
 Quarterly report of Volunteer Humane Officer T. D. Jackson: Horses destroyed, 2; mules with broken limbs killed, 5; cows injured by trains and killed 3; cows diseased and killed 2; dogs injured by cars, etc. 8; numerous warnings given and cases of cruelty investigated.
 Mercy Sunday has been favorably vot- ed upon for June IS, and a vote taken that all ministers and Sabbath school teach CTS and superintendents should be asked through the press to preach June IS on on "Kindness To All Living Creatures" !" Leaflets on Mercy Sunday will be mailed to the ministers of the district as near as possible to do so. It is likely that the society will purchase a motorcycle for their regular humane officer
The Birmingham age-herald., 1911-06-08
EXTENSIVE DOUBLE
 TRACKING BY l.. & N.
Improvements Will Mean Greater Freight and Passenger Traffic
 Over That Line

The announcement from Louisville last night relative to the extensive improve ments of the Louisville and Nashville tween Nashville and Calera. has been anticipated here for some time. The com- psny, it is stated, will spend several mil lion dollars in the work.
 The plans as outlined call for the almost total encouragement of the track between this city and Decatur The company in recent years has been at times forced to bear a great expense to carry heavy freight trains north of this city. With lower grades and fewer curves the company will be in a position to haul larger tonnages of freight as well as passenger traffic. In additioa the growing tonnage between this city and the northern points can be handled far better than on a single track.
 The new line to be constructed into Athens, where the main line will be tapped will provide a railroad for a rich mineral and agricultural section, and will be very valuable feeder for the Louisville and Nashville railroad.
 There seems to be a most urgent de- sire on the part of the Louisville and Nashville railroad to get the tracks of the company in condition to care for the immense traffic expected to be ere ated by the opening of the Panama canal. The Louisville and Nashville from all indications will be ready to meet that condition when it arrives with an almost brand new system.
 The company at this time has double track to Black creek north of this city IS miles. while some work has been done on the double track between this city and Caiera.
The Birmingham age-herald., 1911-06-08
USEFUL LIFE OF N.
 -SOMMER IS ENDED
Well Known Business Man
 Among the Dead
FUNERAL AT 9 O'CLOCK
Dr. Newfield Will Conduct Service at Residence and Isadore Shapiro Will Speak at the
 Grave

Max sommer, president of the sommer Tailoring company, died at the age of 54 yesterday morning at o'clock, at the South Highlands in1rmary, after a third urday evening
 MT Sommer, early in March, com plained that he did not feel well internal ly. His condition did not improve much so he consulted physician, and was ad- vised that an operation would be neces- sary.. He was removed to a local in-
 frmary, where the first operation was performed.
 He remained at the infrmary for sev- eral weeks, until he had recovered enough
 to be removed and then he was taken to | his home and placed under the care of
 his wife and relatives. His condition im- proved very slowly and after three weeks at home he suffered a relapse and was | again taken to the infirmary Upon a consultation with his physicians a second operation was thought advisable and he underwent second operation. His condition grew gradually worse, and finally the physicians decided last Satur- day evening that successful operation would be the only means that would save his life. At this operation it was discov- cred that complications of the kidney had set in and then all hope was given up and Mir. Sommer died yesterday morning.
 MT. Sommer was well known as a pro- gressive merchant and an influential citi- zen. In 1893 he established a small cloth ing store, his entire stock consisting of few samples of wearing apparel directly opposite the site of the present concern.
 From this beginning he built up his concern to its preesnt proportion. As a citizen, he was active in the effort to ben eft the common veal.
 MT. sommer was born at Lembach, Alsaee, Germany, in 1857. In 1877 he came to this country and entered business in Mississippi but later went to Munroe. La. He worked there with M. Veil &
 Bros until they removed to this city, where they have remained to this date. In 1884, on October 16. he married Miss Regina Well, sister of his employers. He went into business for himself in loSo ana GelndlHeu III IDe same unlll HIS death.
 The deceased is survived by his widow, two daughters, Misses Corine and Clarice, and one son, Melville, all of this city.
 Besides his widow and children, he had
 one brother, Hermann Sommer of At | lanta, and two sisters, Miss Adele Som | mer of Atlanta and Mrs. Amelia Strauss ner of Memphis, and brother and sister | in France.
 The funeral service will be held at his late residence, 210O Seventeenth avenue, South, this morning, at o'clock, with
 Dr. Morris Newfield officiating The B'Nai B'rith will conduct the ceremonies and Isadore Shapiro will deliver the fu- neral oration at Enon Ridge cemetery, where the interment will be made. The pallbearers will be: Active, Z. T. Rudolph, J. A. Shook, Joe Beitman, Henry Seigel, Herman Saks, E. L. Brown, Herman Beck and Frank Fowlkes; hon orary, Leo K. Steiner, S. Spiro, M. V. Joseph, Ben M. Jacobs, Morris Adler, Si- mon Klotz and Gus Rotholz.
The Birmingham age-herald., 1911-06-08
REV. U. D. MOONEY HAS NOT MADE A DECISION
Says Urgency of Alexandria Call Makes Serious Considera-
 tiOn Necessary

The Rev. U. D. Mooney, pastor of the Second Presbyterian church of Birmng- ham, received official notice yesterday morning of the call extended him by the First Presbyterian church of Alexandria, Va. MT. Mooney stated last night that he had not reached any conclusion re- garding the call, but that it was so urg- ent that he would naturally give it seri- ous consideration!
 The church at Alexandria is virtually In Washington city," said MT. Mooney last night, "as Alexandria is just across the river from Washington. I have had a number of very urgent letters during the past month regarding the work at Alex andria and since a formal call was made by the church last Sunday I will give 1t careful and earnest consideration. I am not yet in position to say what my de- cision will be-
 Mr Mooney is one of Birminghams most successful young pastors, and has done great good at the Second church, where he has been in charge for a num- Der of years.
The Birmingham age-herald., 1911-06-08
Commission to Meet

The commissioners meet this morn ing at II o'clock. After being ad- Journed for three days the body will lake up several matters of varied i'm pcrtance and act upon the,routine mat ters at the session today.
 The commissioners have been en- gagged during the past few days get ting many routine matters strengthened out, and it is stated d great amount of unimportant work will be accomplished this morning.
 For the first time since assuming charge the commissioners are getting up with their work to such point that they are not kept continually digging into details. However, petitions. com manifestations and small routine matters develop every day with increased ra- pidity and 1t Is probable that small re- lief will be experienced from the ac- complishments of the past few days relative to routine.
The Birmingham age-herald., 1911-06-08
{BgS{5!zz:;z;|EE;s:!lIIH5:!lS {gS 5zz ;:!I5 IS
 o@ME- M.4oA s11'7
DAYS RECORD IN
 COUNTY COURTS

verdict for S20o was awarded yester- day in the case of Steve Wiggins against she E. W. Jordan Construction company for alleged personal injuries received while in the employ of the company. The hearing was before Judge Ferguson's di- vision of the city court.
 A judgment by consent for S65 was reached in the case of s. D. Jones against the Birmingham Railway, Light and Power company yesterday in Judge Ferg uson's division of the city court.
 Suit for s25, 900 damages was filed in the circuit court by Matte Wilkerson against the Birmingham Railway, Light and Pow CT company for alleged assault and bat tery committed on the plaintiff by agents of the defendant while she was attempt ing to board street car.
 Paul Cordaro filed suit for s1999 in the city court against the Republic Iron and juries received while in the employ of the company as a convict miner
 Gertrude Herman, pro ami Elizabeth Herman, filed suit for s5OO0 in the city court against Charles M Allen for alleged personal injuries received by the plaintiff while she was passing construction works on Morris avenue through the negligence on the part of the agents of the defend ant.
 Johnnie Johnson, as administrator of the estate of Archie Hargrove, filed suit in the circuit court against the Tennessee Coal Iron and Railroad company to the amount of $25,0o0 for alleged personal abuse of the plaintiffs intestate while in the employ of tn defendant claimed to have been the direct cause of his death.
The Birmingham age-herald., 1911-06-08
CIVIL SERVICE
CIVIL SEKElCE Will Be Held Here On July Fifth and
 Sixth

service examinations will be held to fill places in government departments. Among the places to be filled are male law clerk, stenographer and typewriter at salary ranging from $lOo0 to s1200; male manual training teacher for Pierre Indiaa school. South Dakota, salary $720, and labora- tory assistant in the paper and textile laboratories, bureau of standards. sal ary from $9OO to $16OO per annum.
 Further particulars can be obtained from civil service officials at the fed eral building in Birmingham.
The Birmingham age-herald., 1911-06-08
A. L. FULENWIDER TO HEAD
 PEOPLES PHONE COMPANY

A. L. Fulenwider. former president of the Birmingham Realty company, will be elected president of the Peoples Home Telephone company. A decision to this effect was reached yesterday when the local citizens who recently purchased the company held an in- formal meeting. The meeting it was stated was principally 10 outline the list Of directors. However, the election or MT. Fulenwider was. it is stated agreed upon and will be ratified at the first formal gathering
 The local citizens who have taken over the independent phone company Will assume charge of their properties perhaps today It was announced that this would take place between June 1 and June To- It is stated that a list
The Birmingham age-herald., 1911-06-08
MENTAL ACCURACY Greatly Improved by leaving off Coffee

The manager of an extensive cream cry in Wis. States that while a regular coffee drinker, he found it injurious to his health and a hindrance to the performance of his business duties
 Ut impaired my digestion, gave me distressing sense of fullness in the re- zion of the stomach. causing most painful and disquieting palpitation of the heart. and what is worse 1t mud al ed my mental faculties so as to seri- ously injure my business efficiency
 '1 finally concluded that something would have to be done l quit the use of coffee, short off, and began to drink Postum. The cook didn't make 1t right at first--she didn't boil 1t long enough. and l did not find 1t palatable and quit using it and went back to coffee and to the stomach trouble again.
 "Then my wife took the matter in hand. and by following the directions on the box, faithfully. she had me drinking Postum for several days be- fore I knew 1t.
 When I happened to remark that I was feeling much better than I had for long time, she told me that I had been drinking Postum, and that ac- counted for itss Now we have no coffee on our table.
 My digestion has been restored, and with this improvement has come relief from the oppressive sense of fullness and palpitation of the heart that used to bother me so. l note such gain in mental strength and acuteness that can attend tos my office work with ease and pleasure and without making the mistakes that were so annoying to me while l was using coffee.
 "Postum is the greatest table drink of the times, in my humble estima- tion.' Name given by Postum CO. Battle Creek, Mich.
 Read the little book, The Road to Wellville,' in, pkgs. There's Reason"
 Ever read the above lettere new one appears from time to time. They are genuine, true, and full of human Interest.
The Birmingham age-herald., 1911-06-08
CULVER ACCEPTS
 COLLEGE CALL
Will Become President of Texas POlytechnical
 College

The presidency of the Texas Poly- technical college. located at Fort Worth. was formally accepted yesterday by the Rev. Frank P. Culver. presiding elder of the Birmingham district. who will re- move to the place of his future activities some time during next week
 The place of executive of the Texss Polyteehnical college was recently ten- dered pr. Culver. following the resigna- tion of former President H. A Boaz. who accepted the presidency of the Methodist university at Dallas. Dr. Culver con- cluded to accept the presidency of the Texas college shortly after his return from visit to his parents. MT. and Mrs. l. F. Culver of Union Springs. In order that he may at once under | take the duties of his latest incumb bency.
 Dr. Culver will leave for Forth Worth
 and inaugurate the usual summer cam paign for students. He will be formally appointed to the presidency of the Texas Polytechnical college by Bishop Atkins. following his transferance by Bishop Hoss from the North Alabama conferences 10 the Texas conference. Within a very short time his successor will be named by Bishop Hoss to the place of presiding elder of the Birmingham district !
 Dr. Culver has been presiding elder of the Birmingham district for three years. during which he has ingratiated himself into the heart and good will of the Meth- odists of this section and of the state. He is native of Lawrenceville and re- ceived his education first in the schools of Bullock county and afterward at the Southern university at Greensboro He was formerly pastor of the Eleventh Ave- nue Methodist church.
 The Texas Polytechnical college. to which he has been elected president Is an institution of IA years growth. and is recognized as one of the leading colleges of the state, having an enrolment of 6i6 for the past scholastic year Under the present plan for the great Texas uni versity at Fort Worth it is probable that the Polytechnical college will be com bined with this proposed institution and the old site utilized for a large woman's college.
 T regret exceedingly 10 leave Ala bama, where are the friends of my youth and all of my old associations of the North Alabama conference" said Dr. Culver, but l feel that the field which has been offered me offers a greater op- portunity for work in the advancement of mankind
The Birmingham age-herald., 1911-06-08
Real Estate Transfers

Deeds of conveyance of the following real estate in which amounts of 5000 or more were involved have been filed in the probate court:
 $1o0o-Birmingham' Realty company to W. c. Tyler, part of lots and 6, block 676, survey of Elyton Land company.
 $125o-Alfred H. Benners to O. E. Ken finer, lot Il, block Il, of Bendale sur vey.
 Birmingham Realty company to Mrs Fiona Weil part of lots 19 and 20, block 24l, survey of Elyton Land com pany =
 Sl5Oo-Rirmingham Realty company to w G. Tyler, part of lots and 6, block 6i6, survey of Elyton Land company
The Birmingham age-herald., 1911-06-08
CASES HEARD IN THE
 COMMON PLEAS COURT

Ernest King. charged with killing Con ductor Wood the South Bessemer car line about two years ago, was ac- quilted by Judge l. H. Benners in the first division of the common pleas court for want of evidence. The charge against the negro, it appears, grew out of an enmity existing between him and some other negroes
 John Randall and Theophilus Mcbride, charged with robbery. were given a pre- liminary hearing before Judge IT. B. Abernethy yesterday in the second div ision of the common pleas court and bound over to await the action of the grand jury. The two parties were charged with having held up a man named R. R. Harris some time ago on Red mountain.
The Birmingham age-herald., 1911-06-08
Marriage Licenses Issued

The following marriage licenses were is sued from the probate court Wednesday,:
 Sam S. Wiesel of Tuscaloosa to Miss Alice Hirsh.
 J. E. Jones of North Birmingham to Miss Kate Sailbury.
 c. M. Jamson. of Birmingham to Miss Josephine M Delaney.
 E. P. 1sbell of Chelsea to Miss Hattie Brashier
 J. B. McInnis of Montgomery to Miss Pearl Franklin.
 T.. M. Floyd of Birmingham to Miss Louise Platowsky.
 s. L. Gibson of Birmingham to Miss Mary Lee Christie.
 s. M. Pass of Birmingham to Mrs. A. C. McGee.
 Samuel Joiner of Donovant to Miss Dora Thomas.
 Dr. J K. Blackburn to Miss Jean Bal lenger.
The Birmingham age-herald., 1911-06-08

of directors will be announced disclos- ing a group of business men of wide acquaintance who will attempt to guide the destinies of the new corporation. They will hold such stock as will make them interested in the growth of the company and pains will be taken, so 1t Is announced, to provide the most perfect residential and business phone service for the citizens of this city.
 MT Fulenwider, who announced that he and his associates had purchased the company, said that as soon as the organization was perfected plans would be outlined to carry the wires of the company to Montgomery, Pen saeola and elsewhere to meet the grow ing demands in those sections for an Independent phone service.
The Birmingham age-herald., 1911-06-08
WIRELESS MEN
 REFUSED BAIL

New York, June 7.--President Christo- pher C. Wilson and the other four of ficers of the Wireless Telegraph com pany will have to go to prison if eventually they are not released on ap- peal. The United States circuit court of appeals refused to release them on bail preceding hearing on an appeal of their conviction of misusing the mails to defraud investors
The Birmingham age-herald., 1911-06-08
Heat Is Broken

Kansas City, June 7.-Cooler tenn perature in the southwest this morn ing afforded relief from the intense heat of the last few days. The high est temperature reported was at Okla homa City where 7S was registered. Rains were reported from several To- calities in Missouri, Kansas and Okla homa. In northeastern Oklahoma a drouth of several weeks was broken.
The Birmingham age-herald., 1911-06-08
Picnic Plans Altered

The Twenty-first Avenue Methodist Sunday school has changed the place for holding it's picnic from Avondale to Ger mania park. The members of the Sun day school have made all preparations for the affair and delightful time is antic- ipated.
The Birmingham age-herald., 1911-06-08
Shelters Strike

Fl Paso, Tex, June 7.--Six hundred and fifty employees of the Asarco shelter, the property of the American Shelters and Securities company, near Torreon, are on strike for higher wages. The smelter plant Is shut down and under the guard of Maderists soldiers.
The Birmingham age-herald., 1911-06-08
Change of Name

Notice of change of the name of the Green Undertaking company to Johns Undertaking company was filed in the probate court Wednesday. Officers of the firm are L. w. Johns. president. and Wallace c. Johns, secretary
The Birmingham age-herald., 1911-06-08
PARKS GIVEN OVER
 ID COMMISSION First Formal Meeting of
 Body Held TRIP OF INSPECTION Condition of Various Parks Found to Be Much Better Than Was An ticipat ated-Commission Elects
 Secretary

The city of Birmingham yesterday de- livered over ssO0,OOO worth of city park properties to the new board of park com missioners. The first formal meeting of that body to have charge of the beauti- fication of Birmingham was held in the offices of President Exum yesterday. As anticipated John L. Raul, the widely known citizen. was elected chairman of the board, while Clyde w. Ennis of The Age-Herald was elected secretary. All the park commissioners and the off cers they elect serve the city without | remuneration.
 After the election of officers a heart
 to-heart talk was held between the va rious members of the commissioners and two city commissioners-Pres Gull pepper Exum and James Weatherly-who
 attended The commission of parks was assured that at the beginning they were not cast off without assistance, as the | city commissioners would place certain number of men at the command of the commissioners to get the parks in shape for the summer immediately.
 The decision was reached to outline a WOrklnS pldn TOT lHe DouS dhe lp Aoiio" that plan as nearly as possible. The commission for parks has an ambition to create perfect park system for Bir- mingham somewhat similar to the sys- tems in vogue in Memphis, Kansas City and elsewhere. However, at this time the city has not sufficient funds to pro- tect the park commissioners and what ever work is accomplished this year will be done through the extraordinary ap- propriations secured from the city from time to time and that of the street com missioner who has been instructed to cooperate with the park commissioners in their work
The Birmingham age-herald., 1911-06-08
Congregational Picnic

The annual picnic of the Sunday school of the Congregational church will be held today at Avondale park.
The Birmingham age-herald., 1911-06-08
Men Who Are Hard to Fit-Hard to Please
 Hard tO Convince

We welcome to our midst the man who firmly believes that one suit is as good as another at the same price or like price-because we can show that man things that will change his mind promptly and permanently.