davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1911-09-02
RATES V|OLAT|VE :"
 OF CONSTITUTION
Gunter Reports Case L. &
 N. vs. State
GROUNDS THREE-FOLD
Statutes Interfere With Interstate Traffic, Constitute Class Legisla- tion and Are Confiscatory.
 Report VoluminOus

NIontgomerv, September 1.--(Special.l- Claiming that the Alabama rate statutes are violatiye of the federal constitution, Special Master William A. Gunter. ap- pointed by Federal Judge Thomas G. Jones to hear testimony in the case of the Louisville and Nashville railroad vs. the state. has submitted to the court a report of his findings. The special mas ter claims in his report that both the no commodities law, reducing freight rates. and the law requiring a passenger rate of 2I4 cents per mile, are violatiye of the federal constitution.
 These statutes are violative of the fed eral constitution, according to the special master, upon the three grounds set forth by the complaining railroad, as follows;
 First-That they directly control and interfere with the interest traffic of the complainant.
 Second-That they amount to class leg islation against the complainant and deny it the equal protection of the laws.
 Third-That they are confscstory in that they do not afford any fair return 10 the complainant on it's property. 1e- hNA0a NN s4iS lAfSA4N "1 eA NSA%A'.ANAA
 Brief Review
 The report is voluminous, containing some 225 pages In which are to be found many new features in railroad law and accounts. The report proceeds upon the idea that the fixing of rates for the units of service of interestate traffic fixes the value of such units when called into re- quisition in intra state traffic, and that there Is no power to require such ser vice at a different value than that so fixed by Congress through the instru- mentality of the interstate commerce com mission. According to the special master, the state has no right to make rates on interstate lines different from those fixed by the supreme power.
 The report also insists that common carriers can make no unjust discrimina- tions at the common law; that railroads engaged in interstate commerce are in- stfumentalties under the supervision and direction of Congress under the commerce clause of the constitution, and that it is within the power and duty of Congress 10 see that every ton and passenger on interstate lines pays for the service ren- dered in each particular case 10 or fo- such ton or passenger.
 By this means only can such unjust discrimination against persons and local ities be avoided, and by this means only can interstate commerce be preserved. and that, therefore. states have no lfght to make rates for units of service with in their lines different from the same units of service when only partly within their lines.
 The degree of reference was made in July, 1909. and the taking of testimony was finished December 15, 1910. It took several months for the arguments of the counsel to be filed l Judge Jones will probably allow the state 3o days in which to file exceptions to the report, after which he will issue a final decree. It is more than probable that the proceedings will go to the United States supreme court for final decision.
The Birmingham age-herald., 1911-09-02
Postponement Refused

Newport, R. l., September 1.-The re- quest of the British Lawn Tennis asso- citation for postponement for one week of the international trial matches for the Dwight r. Davis cup, scheduled for the West Side tennis club. New York, Sep tember [, and g, was refused by cable today. The West Side club offered to meet the British players upon their ar- rival in New York and afford them every opportunity for practice on the courts The British team now is on its way to New York. The winners of the contest will go to Australia in a third attempt to lift the Davis cup which was carried to that country from England in 1907
The Birmingham age-herald., 1911-09-02
VIOLATORS GAME
 LAW CONVICTED

Montgomery, September 1.-(Special)- Report has been received by State Game and Fish Commissioner John H. Wallace, Jr., from Walter J. Howard, game war den for Lee county, of a number of con victions had under the game and fiss laws and forestry laws.
 Reports received by Commissioner Wal lace from every. county in the state indl- cate a large increase in game this sea son, and it is the opinion of the commis- sioner that great sport will be had this fall and winter more especially by those who are fond of quail shooting. 1t IS announced that this species of game mas multiplied more rapidly during the past year than during any season fin the recoi- lection of even the. oldest citizen.
The Birmingham age-herald., 1911-09-02
PROSPECTS BRIGHT
 FOR BULLOCK FAIR
Tax Assessments Raised-Caterpil- lars Still Destroy Cotton
 Crops

Union Springs, September 1.-(Spe- cial)-The 1911 Bullock county fair which will be held in this city October 10 to 14 promises to be the best fair ever held In this county. Much in terest Is being manifested by citizens all over the county. There are 1 ? beats in the county and handsome prizes have been offered for the best beat exhibits of farm produce. A number of high class attractions have already been se- cured and full racing programme will be carried out every day. The poultry department will be in charge of the Bullock County Poultry asso- ciation which insures a very fine ex- hibition. The catalogue and premium list, which will contain about 80 pages, will be ready for distribution in a few days.
 The county tax lists for the year 1911 have been completed and corrected up and show the total assessed valuation of property in Bullock to be s5.21S,342, as against a total of s4,S74,s96 last year, or a gain of $343, 446. Over s3o0,0 of this in crease Is accounted for by the raises , made in taxes by the commissioners court Tn June. AL that l1me raises were made in the case of over 800 taxpayers.
 Caterpillars continue to menace the cot ton crop in this section. The damage being done is the worst that has been experienced in many years. Farmers are using paris green and arsenate of lead freely. but the worms are so widely scat tered 1t is hard to control them. It is es- timated that between 12.00O and 150O0 de 1f ,o-ic l,o,ya l.rr, the dealers here. besides several hundred pounds of arsenate of lead
The Birmingham age-herald., 1911-09-02
Would Keep Back Evidence


 And yet you would have deprived us of that evidence?"
 Didn't you at the time of the coro- ners inquest carry message from Beulah Binford to Henry?"
 Not then. but later"
 The message was that she should not give up to the detectives except what was absolutely true?'
 Yes"
 You have stated that if you had known what you know now. you would have destroyed evidence on the ma chine Did you have the same idea with respect to the Beulah Binford eyi- dence?"
 "Henrys relations with Beulah Bin ford were we'll known by everybody in Manchester. South Richmond"
 How about recent relations? Did you know of them?'
 Yes"
 Were they discussed in the family?"
 Yes, my brother came to me and said, Don't you know that damn girl is back in Richmond?
 Here the prosecutor suddenly asked the witness if he knew his brothers hand writing. He said he did and the prosecu- tion brought forth the Dear Nid' letter signed by the prisoner with reference to Beulah Binford's obtaining flat and the payment of some money on furniture.
 Were you present at the coroner's in- quest when Beulah Binford was on the stand?'
 Yes"
 Did you ever discuss this Beulah Bin ford letter with your .brother?"
 No"
 MT. Smith, in redirect examina tion asked the witness if he had any objection to fair examination of the machine.
 Court ruled 1t out as a leading question.
 Well what was your position with re- gard to giving impartial eyidence?"
 The witness said he gave all the infor- nation possible and helped the detectives as much as he could. What did you refer to about not help ing detectives if you had known what they were going to do2
 Tn laying the crime on my brother"
 Supports Prosecution Detective Scherer said the finding of the hair under a seat cushion indicated the cushion was up and was in line with the proseo utjon's theory that the woman 5 | head was concealed under the seat on the prisoners trip to the owen home im- mediately after the tragedy. Additional testimony concerning the construction of automobiles and the like lihood of blood drippirs to the ground through the lower machinery was given l by Lee I'olger, Carrol Montague, Charles i 1 Taynes, automobile experts. | w. E.. Gill testified that Detective Jar l rell told him on the day after the crime ] of the presence of a second blood spot l on the road Detective farrell was called and denied it. MT. Gill said he also saw dlippings Of blood on the road 20 to 5l 1 yards long l Coroner Loving was called and asked about Paul Beattie's illness at the in- quest. a Paul Beattie left the stand becauseshe | said he was sick, said Dl. Loving. We | gave him some medicine and he took the stand again. Was 1t your opinion that Paul was ! faking about being sick?'' asked MT. Smith
 '.i made no minute examination, but i don't believe he was sick. He was fight | ing for time, l think
 Didn't the witness come from the hos pistal?" asked Prosecutor Wendenberg. l Yes
 Didn't it take several officers to hold l him down?' Yes
 .9pidn't you order him sent to the hospi' pital?"
The Birmingham age-herald., 1911-09-02

"Yes."
 Didn't he ask to be allowed to lie down."
 Yes
 Roland Lassister, who previously had been examined by the prosecution. to- gether with a group of boys who said they saw a lone machine on the turn pike on the way back from a dance at Bon Air. was asked if he remembered d statement by w. B. Sydnor. one of the party, that the doors on the car they saw were off
 NO, sir" replied the witness He never said that to me-"
 Doors Detached
 The doors of the Beattie car were de- tached on the night of the murder.
 James Watkins. who was also sum- moned by the commonwealth in this connection, was asked if he remem- bered w. B. Sydnor, saying the doors on the car were off. He said he could not recollect.
 A recess of a few minutes was grant ed at 4:55 o'clock for the defense to permit of a conference with the wit nesses.
 Following the conference. several witnesses were introduced to testify to the domestic happiness of the Beauties, among them Miss Bessie Wells and Miss Louisa Reams. maid of honor at Mrs. Beattie's wedding, who testified that the husband and wife were happy.
 Mrs. Tahpagau, sister of Henry c Beattie, ST, testified the husband and wife were as close and kindly and loving to one another as any couple she ever saw.
 Mrs Ella J. Bowman, a sister In law and housekeeper fer Henry c. Beattie, Sr., for many yearse.declared the Beat ties were .''the happieat- married pair MT Beattie. sr.,' said Prosecutor Wendenberg, has testified that it was the attitude of his family to give the police all the information possible. Was that your 'attitude?'"
 Yes"
 Do you remember Detective farrell coming to your house and asking to get into the garage?'
 Yes. I said l would let him in if he had the right They said they did l called up MT. Beattie to get the key and could not get him.
 Didn't you say the detectives were just trying to get evidence against the boy?'
 T did not I said they might go else where for evidence, but not in the garage unless they had the right. De- tective farrell laughed in my face"
 Miss Hazel Beattie, only sister of the prisoner, told of the married life of the accused saying the husband and wife were very lovable."
 Court recessed at 5:4a until II o'clock tomorrow. in order to take a deposition of Mrs. Steger, who is i'll at her home near the scene of the crime.
The Birmingham age-herald., 1911-09-02
Colonel Fletcher D. Proctor.

Colonel Fletcher D. Proctor, formerly Governor of Vermont, is seriously Ill, and the fact that he has shown no inn provement during the last week gives occasion for deep concern. Specialists have his case under close observation. Mir. Proctor has been confined to his bed for about four weeks with what is diagnosed as infectiye endocarditis.
The Birmingham age-herald., 1911-09-02
Russell RaileY Dies

Frankfort, ky September 1.-Russell Railey of Woodford county, Kentucky well known Kentucky horse breeder, was stricken with apoplexy on the street here this afternoon at 6 o'clock and died a few minutes later He had exhibited horses here at the state capital fair and won the blue ribbon in the ring two hours before his death
The Birmingham age-herald., 1911-09-02
Declare Earnings

New York, September 1.-The Central of Georgia Railway company today declared interest at the rate of per cent on first and second preferred income bonds and 145s-1000 per cent on the third preferred income bonds, payable October ?, 1911 Last May the company declared 2312-lOo0, per cent on the first preferred income only out of earnings for the fiscal year 1910
The Birmingham age-herald., 1911-09-02
Weather Conditions

The weather is fair over all sections of the country except narrow strip ex- tending the length of the Atlantic Coast where light rains are reported. The only heavy rain reported is at Hatteras, where 1.36 inches have fallen during the past 24 hours.
 The area of warm weather which yes terday extended from the Missouri river vest has followed the eastward move ment of the low now over the lake re- zion and temperatures of 90 degrees or above have occurred over the entire country west of the Applachians except in the lake region where it is some what cooler. H s
 In AAhe cotton belt temperatures are normal. While cloudiness shows some increase over yesterday, yet no r;tlns are reported except light showers at Brownsville and in Florida. Fair weather Ishould continue over the section in gen. eral tomorrow.
The Birmingham age-herald., 1911-09-02
Photographer Burned

Toledo, O. September 1.-With all means of. escape cut off by the flames, E " Evans, a photogfapher. was burned to death in his studio this morning when fire believed to have been of incendiary origin destroyed several buildings in the t-dsness district of Toledo today. The loss will amount to $100.000.
The Birmingham age-herald., 1911-09-02

o,serv taken D. seventy hfth meridian time ne through points or equal ar
 
 eernure they viii be freezing % and lo SYMBOLS indicate state O weather: . clear O partly cloudy; A cloudy. dDran, @ snoH o report missing Arrows fly with wind First figure ma5Tu%n % @ S tbiird i I wind velocity of 10 miles hour more.
The Birmingham age-herald., 1911-09-02
Weather Forecast

Washington, September 1-Weather fore cast for Alabama and Mississippi: Fair Saturday and Sunday, not much change in temperature; light variable winds.
 For Tennessee: Fair Saturday and sun day not much change in temperature.
The Birmingham age-herald., 1911-09-02

forth that night carrying different per sons to the scene.
 Douglas Beattie described his first visit to the scene of the tragedy few hours after it happened and his dis covery of the big blood spot. He re- lated how he motored back and forth that night on six trips. carrying diff ferent persons to the scene He said that blood from the car was still on his hands when he handled the gun which he found some distance from the scene
 On cross examination the witness said when he had ordered the bloody car washed, the left hand cushion was washed. but not the right hand one. because the witness said, we didn { have time.
 What was the object of getting rid of the blood on the left hand seat and not the right hand seat which had more blood on it" asked Prosecutor Wendenburg.
 Didn't want any one to sit in it.'
 The left hand seat was the one in which the accused alleged that Mrs. Beatte sat.
 T did not know the machine was 10 have been seized later or I would have had the machine washed at once,' said Douglas Beattie, and furthermore the car would not have made any more trips that night"
 Explain what you mean by that
 Well, l wouldn't have given the de- tectives and others the opportunity to ride around in any place in the car and then say what they have about 1t here. :"
 'fWhy would you deprive them of the opportunity?"
 well, had I known that they were going to work up a case against my brother I would have deprived them of it."
 "Do you think that was right as a cit izen, not as brother, to destroy evil dence?"
 Well. what man wouldn't"
 Would you destroy that evidence?"
 'Yes, if it was going to be used as it has been falsely against my broth- CT. The witness also said he would have washed and cleaned the car that very night.
 'But you were not there?'
The Birmingham age-herald., 1911-09-02
Local Data Ir1 o-l;ao al
August Weather Data

Atmospheric Pressure-Mean, 30.02; highest, 3O.16. on the 18th; lowest, 29.s4 on the 2sth.
 emperature-Highest, 94 on the 10th; lowest. e5 on the 3Oth; greatest daily range 25, on the sth; least daily range on the 12th.
 Mean for this month in 1893, S2; 1894, 79; 1895. s4: 1sss ss; 1897. 80; 1898, 80; 1899, S2; 19oo s2; 1901, 7s 1902. s4; 1903, ST. 1904, S; 1905, 7s; 1sCs 80; 1907, s1; 1908, 80; 1909, s1; 191o 79; 1911, 7s.
 Normal for this month. 7S.7; absolute maximum for this month for 16 years. 10l i; absolute minimum for this month for 16 years. 50: average daily deficiency of this month as compared with the normal, o.S; accumulated excess since January 1, 25; average daily excess since January l, 10. Precipitation-Total this month, 2.1O; greatest precipitation in 24 hours, .59 on the 17th.
 Total precipitation this month in 1905, 8. .s5; 1894, 4. 76 1895, 3.19; 1896, 2.26; 1897, 4. 49; 1898, S57; 1S99 2.15; 1900. 1.99; 1901. ls s3; 1902, 3.53; 19G3 3.s5; 1904, 2.7s; 1905, 754 1906, 6.34; 1sO7 2.5s; 1908. 1.o6; 1909, 1 .15 191o 4G0; 1911, 2.1o. Normal for this month. AS; deficiency | of this month as compared with the nor maj, 2.3S; accumulated deficiency since January 1, $40. | Wind-Prevailing direction, southeast; ] total movement, 3926 miles; average hour | ly velocity, 5.3 miles; maximum velocity
 for five minutes), 2s miles per hour, from
 the southeast on the 1lth. | Weather-Nuinber of days clear. [
 partly cloudy, 15; cloudy, 9; on which .0l Icurred, II.
The Birmingham age-herald., 1911-09-02

ltime throw greater safeguard around
 owners of automobiles and the public in general
 Applications for registration numbers lhave so far come from Montgomery, Fir mingham, Mobile. Greenville, Decatur ard other places in the state \
The Birmingham age-herald., 1911-09-02
r1Fl BEsr4JfA16IN .5TURTEvA1vT TOSS AND HIS FOFI1EF>LY MISS DOROTHY
 

is
 his after their wedding m Wednesday, Chapman Q Francisco. -
The Birmingham age-herald., 1911-09-02
Describes Visit

The witness told in detail of his first Nisit, ID Inc scene of the tragedy a few hours after lt happened and tho fad ing of the big blood spot
 He related how he motored back and
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-12-30
NORTH BERHIRRTOa

Mrs. Harris of Prospect street has
left for a visit to Rutland.
Harrison Goodermote has gone to
Berlin for a short visit
Ray Minott has returned to his du-
ties as teacher after his holiday va
cation.
Miss Gertrude Shepard. teacher
in the Massachusetts, public schools
is now spending Christmas week with
her parents.
The Mount Anthony lodge No. 10,
f. and A. NJ, has forwarded an invi-
tation to Tucker lodge No. 48 f. and
A. NJ, to join them in attending div
Inc service at st. Peters church on
Sunday, December 81, at 5 o'clock p
m. Members win pring aprons and
gloves.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-12-30

repubicanlsm in such a way as will
be understandable, effective and
workable and appeal to the sober
common sense OF the public, while
avoiding sensationalism, everything
that would be disturbing and imprac-
ticable, and appeal only to ignorance,
prejudice and passion.
AS to the reference to my wealth,
or supposed wealth, desire no cred
it or even thanks for what may
have done or may do, as all is done
for my own selfish qualification In as.
sisting to up-build what has been my
home
AS a Vermonter in the most com
prehensive sense. claim the right,
If | so desire, to be a candidate for,
or TO accept any position within the
gift OF the people, and recognize that
my such position would reflect cred
It upon any one. no matter what his
position.
In view of the fact that to be a
delegate to the national convention,
would be looked upon as political pre-
ferment and has already been sub
jeot TO much misconstruction and
misstatement, and in view OF my
previously announced position, | take
this opportunity to state through you
that will not be a candidate for nor
would | accept the position.
Thanking my friends for their kind
and generous expression, | am,
Sincerely yours.
Theo. n. Vail.
Mr.. Wallis friends and admirers
will regret his determination not to
accept election as a member OF the
Vermont delegation to the republican
national convention, but they will re
cognize the force of his reasons fol
this action
While Mr.. Vail is president OF the
American Telephone and Telegraph
company and OF the Western Unlor
Telegraph company, he has showr
his far-seeing wisdom as well as hi,
appreciation of the fitness OF things
| by advocating government superyis
ion Of public service corporations. III,
has also suggested various ways II
which In his estimation federal con
troll might be made more comprehen
sive and effective In word he re
cognizes the fact that a public ser
vice corporation Is n servant OF tn,
people, through whose representa-
ives 1t is chartered
IL is significant, therefore, that NJ
Wall expresses the belief that the re
publican national platform is alread,
settled by the measures OF n repub
lican administration, and that "bar
ring unforeseen and improbable haI
penings" the choice OF candidat
, has already been made
/, We regret that Vermont Is not (
have the prestige which would hav
come from the presence on it's ma
. ional delegation OF n man OF Nj
Wallis worldwide fame and recognl
ed ability, nor to enjoy the benefit {
the wise counsel his broad exper
/, ence qualities him to give in abul
y dance.
The action OF President Vail leav,
two men in northeastern Vernon
-" who have been prominently conslde
=, ed In connection with the natloni
= delegation, Ex-Governor George
y Prouty OF Newport and the Hon. job
- L. Lewis Of North Troy. -BurllngtC
u Free Press.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-12-30

Mt Anthony lodge +. and A. NJ.
will attend divine service at the EMS
oopal church On Sunday next. Decem
Der Slst at s .. m. Taft Commait
derry X. 7. will act as escort and are
requested to meet az the asylum nj
D. M for rehearsal Of the part The,
are to take In the service. Members
OF the lodge will meet at 4;sO D m
prompt Visiting brethren are cor
daily Invited to join.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-12-30

For sALE-Stock. store and fixtures for
L sale. ewing TO failing eyesight. am com
peeled 10 close out my business in ureel vii :
age. All stock On-hand viii he closed out Mt
great IS reduce prices. The binding and fix
lures uifer for sale on easy terms o. payment.
IL IS a splendid opnur unity for th right party
10 build up good business. ID. ). BAtBlrT
Orwell. VT 59t2i'
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-12-30

For sALE-lha late home Of Martha d
Hayiree. as South street, Is Offered for
ale. This house is two story structure. eN-
,ellently located aud IN nne state OF repair.
Il l. heated 10y hot water furnace and p'sses-
don can Ue given az short notice. Homer II.
Webster, administrator. Dtt
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-12-30

Quiok-fre charcoal made by the
Stamford Chemical Works 10 cens
per bag. w c. Houran. 6its
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-12-30

FOR SALE Nearly new double house, with
4 all modern improvements bath. steam
heat. electric lights ga~, house has rooms on
each SIDE and lnrpe attic. lot 50XliO. this Vro-
pc " l.. located In tie est residential sccti n
OF BENNINGTON AID Is very deSiral,9 in every
way. Price on app icaiiOn. Nash 4 hutc ins.
Aft