davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1912-10-12
Entire Day Spent in Argu- ment; Will Be Resumed
 This Morning
FIVE HOURS TIME
 USED BY WILKINSON
Constitutionality of Commission Bill and of Additional Judge of Cir cult Court Involved in the
 Case at Issue

In rendering his verdict in the proceed ngs filed by Horace C. Wilkinson, having for their object the busting of Judge A. o. Lane from his office as commissioner of the city of Birmingham. Judge c. c. Nesmith will have to answer three ques- tions:
 Is the office of additional judge of the circuit court created constitutionally?
 Is Judge Lane, as commissioner, an of ficer of the state, or is any officer im- bued with power by the state an officer of the state?
 Is the bill which created the commis- sion form of government in Birmingham a local bill. and if so. is 1t constitutional?
 If the office of additional judge of the circuit court is not created constitutions ally, Judge Lane could have accepted the office of commissioner of the city of Bir- mingham even had it been known that that office was an office of the state.
 If the office of additional judge, how ever, was created in accordance with the constitution, then if the office of commits sioner is an office of the state, his tenure of that office is not in accordance with the constitution.
 If the bill is a. purely local one, because it does not concern more than one city of the state, and cannot concern more than one for at least nine years, it did not receive the proper advertising and is not constitutional. If the bill is not con- stitutional, Judge Lane and the other commissioners as well will be compelled to yield their positions.
 Attacked Commission Government
 MT. Wilkinson, as can be gathered from the foregoing, not only assailed yesterday the right of Judge Lane to sit as a com
The Birmingham age-herald., 1912-10-12
CHARLES M'CREARy
 DIES IN DENVER Was Formerly Prominent in Local Industrial Circles DIED VERY WEALTHY Was Vice President and General Man. ager of Tennessee Company e When Don H. Bacon Was
 President
DIED VERY WEALTHY

Teiegrams received in Birmingham yes- terday morning announced the death of Charles McCreary. formerly very prom inent in Birmingham industrial circles, and at one time vice president and gen. eral manager of the Tennessee Coal, Iron and Railroad company. Mir McCreary died late Wednesday evening at Denver, Col Miss Edith McCreary, sister to the deceased. and his only living relative, was present at his bedside when he passed away. The end had not been unexpected here as it was known that he was crit ioally i'll.
 The remains of MT. McCreary will be sent to Frederick, Md. the former home of the deceased. There services will be conducted from the old family resi- dence and interment made in Frederick.
 MT. MeCreary was a bachelor of 42 years and had acquired wealth through his many business enterprises. In social and club circles in this city he was pop ular and leaves a host of friends here who regret his death. MT. McCreary was also a member of the old Duquesne club of Pittsburg.
 The deceased came to this city about 10 years ago in company with Don IT. Bacon and under MT. Bacon. who was president of the Tennessee company, held the position of vice president and gen eral manager. He was highly instru- mental in the reconstruction of the steel plant and blast furnaces while connected with that company. MT. McCreary was one of the last of the partners in the Carnegie Steel company transaction. hay ing been the last to let go of his in- terests in that corporation.
 MT McCreary left Birmingham about five years ago for Denver, Col, intent upon new business enterprises. While there he became an invalid and suc- cumbed after a long fight. His mother, whom he left in this city died about one year ago.
The Birmingham age-herald., 1912-10-12
AT THE HOTELS

T. H. Brown of Troy, H. J. Jennings of Gallatin and George R. Moore of Garnsey are stopping at the Metropell- tan.
 C. J. Hubbard of New York, O. J. Bates of Elkmont and ". w. Graves of Mont gcmery are registered at the Hillman.
 J. L. Kirby of Atlanta, F. A. Meacham and w. M. Lawry of Jasper are stopping at the Florence.
 T. c. Ray of Montgomery. Lester Nor dan of Kimberly and R. G. Bell of Nash vile are registered at the Birmingham.
 Dr. Charles G. billiard of Huntsville, A. E. Stone of New York and w J. Kim ball of Port Washington, Wis, are stop ping at the Hillman.
 H. G. Whitney of Corinth, Miss, A. B. DeBray of Springfield, Mo-. and J. NJ. Sills of San Francisco are registered at the Empire.
The Birmingham age-herald., 1912-10-12

bill. He first asserted that the Texas decisions read by MT. Wilkinson were de- livered by the court of criminal appeals, an inferior court, and that neither was the unanimous decision of the court. He declared that twice had the supreme court of Alabama got itself into trouble by following the decisions of the court of criminal appeals of Texas. He then read a Massachusetts decision which declared that the governor and legislature have power to name the officials of munici- pality, and read from a decision of the late Chief Justice Mcclellan that the power of the legislature of Alabama is as plenary as that of the parliament of Britain"
 In reference to the contention that the commission bill was a local bill in that it did not affect more than one city of the state, Mir. Cabaniss read a decision to the effect that a bill had been judged con stitutional by the supreme court of New York when 1t was entitled a general bill and affected but one county of the Elm pire state, that of Kings.
 In reference to the scharge that tho subject of the bill was not contained in it's title, MT. Cabaniss attempted to dis card that attack off-hand. He contended that that argument was based on poor logic.
 That the office of commissioner is an office under the state. in that it was created by the legislature, he said was the logical result of the theory of government itself.
 Session Was Interesting
 It was very apparent that MT. Cabaniss did not very seriously consider the at tacks against the constitutionality of the bill, for very soon he dismissed the sub jeot. He was just preparing to enter into the argument in reference to wheth- CT or not Judge Lane is @ judicial of- ficer, when Judge Nesmith called time.
 The session lasted throughout the day. and attracted great deal of attention. The court room was well filled with in- terested attorneys and spectators The arguments were followed closely, and every telling point made was noted.
 Judge Lane sat throughout the hear ing with the exception of half an hour in the morning, At o'clock, Commis- sioner Exum entered, for he had been in formed that Wilkinson had raised the point that neither the governor nor the legislature had sufficient power under the constitution to appoint permanent officers for a municipality. He was appointed, as is remembered by the legislature.
 The hearing will be resumed this morn ing at 9:30 O clock.
The Birmingham age-herald., 1912-10-12
----ss---- Sunday at Y. M. C.. A.

The Worlds Only Hope" will be the subject of special address to men at the Y. M. c. A. auditorium Sunday after noon. Rev J. c. Persinger will be the speaker MT. Persinger is we'll known as a forceful speaker and his address on this subject will be of special interest. The preliminary programme of music be- gins in the lobby at s:l5 and the song service at S;So. All men are cordially invited.
The Birmingham age-herald., 1912-10-12
Fined for Speeding

Two young men were fined $l0o each in the recorders court yesterday for speed ing their automobiles. They were Martin Ponceler, son of D. J. Ponceler. and Rob ert Mccarty son Of w. C. McCarty. It was claimed that the two young men raced out South Twentieth street and up the hill to Five Points at speed of over 50 miles an hour. The cases were ap- pealed.
The Birmingham age-herald., 1912-10-12
WILL NOT BE
 ALLOWED TO BLOCK STREET

Something will have to be done" stated the commissioner, flor the habit of stopping automobiles in front of of flee buildings has become a nuisance. have no definite plan as yet However, as an example of what I am driving at. will call attention to the Hillman hotel. Theres is no reason why an automobile should be stopped in front of the hotel. It should be stopped there long enough to permit passenger to alight and should then be driven and stopped to the side of the hotel. That side of the hotel facing Fourth avenue is not the busy side, and the automobile there will cause no inconvenience
 Tn Memphis, the man who leaves an automobile on a busy street is instantly arrested. We will have a law in some respects similar in Birmingham"
The Birmingham age-herald., 1912-10-12
Building Permits

The following permits were issued yes- terday in the office of the building in spector: Place, two story frame.
 $l45O--J. A. Millen, 1105 Woodlawn ave- nue, one story frame.
 s1500-W. B. Leedy, 2313 Morris avenue, repairs to brick buildings.
 s12oo-C. E. Streetman, East Thomas. one story brick.
The Birmingham age-herald., 1912-10-12
Parole Extended

Montgomery, october 11.-(Special.)-- John c. Bradbury. Bullock county con- vict. serving 25 years for second degree murder. was granted an extension of parole for 50 days bY Governor O'Neal to- day. Bradbury has been at liberty for two months because of i'll health. He was con- victed at Union Springs three years asoL
The Birmingham age-herald., 1912-10-12
Marriage Licenses

The following marriage licenses were issued yesterday in the office of the pro- bate clerk:
 W. B. McGough of Birmingham and Miss Cora Taylor.
 c. P. Tune of Birmingham and Mrs. Callie M. Speaker.
 Jesse A. Hayley of Birmingham and Miss Elfreda Uling.
The Birmingham age-herald., 1912-10-12

The city has determined that the park ing of automobiles in front of office build ings shall stop.
 As result, after a certain date 1t will very probably occur that an automo- bile will be stopped on the business thor oughfares only for the purpose of per- hitting a passenger to dismount or an- other to enter
 This will be done, according to the com missioners, over and against the protest of the Jefferson County Medical associa- ton, which has already entered com plaint.
 Commissioner Exum is leading the fight. Yesterday afternoon, the entire matter was turned Into his hands and he was given power to act He will confer with the city attorney and an ordinance will be drawn.
The Birmingham age-herald., 1912-10-12
The Safe Way

Is to bond your employees who hold positions of trust. To protect yourself by bonding your employees is not a sign that you doubt their integrity. It is the modern, safe way of con ducting a business.
The Birmingham age-herald., 1912-10-12
Defends Commission Bill

Tn the short time that Mir Cabaniss argued in answer to the attack of Mir Wilkinson. he rushed to the defense of the constitutionality of the commission
The Washington herald., 1912-03-18
|DR. MONTGOMERY
| ASSAILS SOCIETY
Man Who Chews Dyspepsia Tablets
Because He Will Not Work
Should Be Despised.

Playing society as . makeup. patch
ed and painted-a masquerade" Rev.
James S. Montgomery. pastor OF the Met
ropolitan NJ. z. Church. In his sermon
last night on THE discomfort Of the for
| tunate" said that the man whose stom-
ach feels wrinkles and regret should be
pItied. and that he who through the
abuse OF fortunes high favor must chew
dyspepsia tablets because he will not
work should be looked upon with con-
tempt.
THE muffed words which come from
the lips OF the man on our front steps
do not surprise u.s." said the speaker
Perhaps the world has done but little
for him, and while II does not owe him
a living. it does owe him gentle Judg-
ment. His start was fettered. and he has
had an uneven chance ever since. What
II God remembered everything against
us; We would go back and sit down
Be generous! None OF US can stand very
much scratching before we ind the bar
harlan. The finest hDwer that ever bios
somed upon the stock OF humanity can
not stand too close an inspection. There
is a man in the Bible who tried to get
up by pulling another down-'not even
as this publican and his name is writ
in water, this man who seems to be
pinIoned to the iron cross OF fate, is not
the one that always makes the COM
| plants
TT is those upon whom the world
seems TO shower Its choicest gifts who
cry loudest when they are baked in their
| desires. The fact that one is able to
crafty himself bountifully sharpens the
sting OF the smallest deprivation. 1t is
| he who speaks from an iron throat and
with a voice coarse and harsh. When
misfortune comes, II is not those who
/ look wistfully from their starved gar
rets who sound the first alarm. but So
cIety hears the croaks OF thos7 who toll
| not: neither do they SPIN yes. from
these who lift no burdens and bear no
rosary OF Christian graces about the
necks of their hearts. They have but
little passion for Righteousness, so know
but little OF the joys OF sweet content
ment Because OF the rush OF the ele-
ments OF an easy life. the definite out
lines OF a restful and helpful life are
| erased.
The Washington herald., 1912-03-18
MARRIAGE STRIKES,
THREAT In ENGLAND

London, March 17.-That actual warfare
between the sexes is not far away was
the remarkable prediction made here to-
day by Mrs. Despard. Of the Women's
Freedom League. who. since the incar-
ceration OF Mrs. Emmeline Pankhurst,
Mrs. Petick Lawrence. Mrs. Marshall.
and Mrs. luke, has assumed the distinc-
ton of being the most prominent suffra-
gette out Of Jail.
Mrs. Despard leads a wing Of the suf-
fragettes that represents the halfway
element between the violent mllltants and
the passive 'hopefuls."
IF man refuses to recognize woman as
his equal in every way, war. and bloody
war at that, must result from this in
equality" declared Mrs. Despard. Gov
ernments have been warned. followed by
long and humble petition. and men have
been beseeched TO yield to the just pleas
Of the women.
Marriage strikes on the part Of the
women may have some effect, but / pre-
dict that the feeling Of hatred which
must inevitably follow continued refusal
of women's demands for their just and
equitable rights will result In a more
direful ending. I hope these warnings
which are being made constantly now
will be needed by the legislators Of Eng
land. and other countries as well. before
II is too late.
The Washington herald., 1912-03-18
MANUEL AND GABY
GOING TO YIENNA

Paris. March 1.-THE secret clause IN
the Dover treaty. between Dom Miguel,
the pretender to the throne OF Portugal.
and the former King Manuel, is to the
effect that the latter should marry
Princess Elizabeth de BraganZa, the
daughter OF the former pretender. Thus
the ex-King of Portugal will become
a brother-in-law to Anita Stewart, and
Mrs James Henry Smith will thus form
a remote connection with royalty. which,
however. will not be sufficiently close to
induce her to put up money for the
cause.
King Manuel has gone to Lower Aus
tria to through the form OF wooing
his young cousin. Lower Austria is a
part OF the empire set apart by En-
peror Francis Joseph for the numerous
Bourbons out of Jobs. Princess Eliza
beth will be eighteen in November.
The Washington herald., 1912-03-18
Newxpapcr Man End. Life.

Trenton. March IT-C. Forrest SWEET,
aged thirty-six years, wea-known
newspaper man of this city. committed
suicide tonight at his apartments in the
Hermitage by leaning his head over a
gas stove and inhaling the fumes. No
cause is known for the act His father.
who was a professor at Peddie Institute.
Hightstown, committed suicide several
years ago. SWEET had been engaged in
newspaper work in this city for nearly
ten years. He married Miss Elsie Cornell
about two years ago.
The Washington herald., 1912-03-18
Kicks ut Dog, i. ParaIyred.

Yonkers, N. Y. March T-When Ed
ward Taylor. sixty years old. made a
kick at a strange dog this evening his
legs went out from under him and he
fell to the sidewalk. He couldn't get up
again. Surgeons at ST. Joseph's Hospital,
where Taylor was taken, said both legs
are paralyZed.
The Washington herald., 1912-03-18
N0N-MEDICAL HEALING.
PERMANENT HEALTH
Comes Through
Perfect Blood Circulation.

My method of RESTORING YOUR
HEALTH.
THE VACUUM TREATMENT is a
NONMEDICAL and NONSURGI-
CAL METHOD of CURE for YOUR
SERIOUS PHYSICAL and MEN
TAI AILMENTS THAT BAFFLE
THE SKILL OF YOUR PHYSI-
CLAN.
It is RADICAL CURE for LOCO
MOTOR ATASIA and its varied ALLIED
MALADIES. INFANTILE PARALYSIS
and MENINGITIS (yield readily TO its
building-up infuence). BRIGHTS DIS
EASE and DISEASES of the SPINE.
NERVES, STOMACH Undigestion). IN
SOMNIA. ASTHMA. NEURASTHENIA.
NERVOUS EXHAUSTION. PARALY-
SIS. AILMENTS of the LIMBS, FEET,
ARMS. DIGESTIVE. CIRCULAToRY.
RESPIRATORY. URINARY. and other
systems OF the body.
The AILMENTS OF man for which EN-
FORCED restore6 BLOOD CIRCULA-
TION-THE VACUUM TREATMENT
is a PANACEA are so numerous that
space 10 enumerate them Is denied me
here. and you arc referred TO MY BOOK
LET, but suffice Il TO say that It AP-
PLIES with equal force 10 ALL ALL
MENTS, ALL CONDITIONS, ALL
AGES. and BOTH SEXES. IT excerpts
none.
The means to produce these FAVOR
ABLE RESULTS are STRICTLY SCI
ENTIF1C, yet so simple and effective
that It appeals TO the intelligence OF the
most verdant. dissipates the doubts of
the sublime skeptic. and convinces the
diliEent investigator.
Notice.
WISH IT DISTINCTLY UNDER
STOOD that am not after the business
that belongs 10 your family physician.
but am after the chronic and incurabIe
(so-called) diseases that have passed BE-
YOND the reach Of MEDICINE and the
SKILL OF YOUR PHYSICIAN.
BOOKLETS at OFFICE or mailed FREE.
Lady assistant.
Hours. 10 to S: Sundays, II to l.
INFORMATION and CONSULTATION
FREE.
PROF. H. N. D. PARKER,
1922 9th st. NV.
The Washington herald., 1912-03-18
FOR SALE-L0TS.

FOR sALE-QUARTER-ACRE LOTS, HALF
ac-e lots ard one two and three acre lots with
hus tres; On Great Fills and Old Dominion electric
line: crnts fare TO any part Of washington Price
Of uuArter-acre lots rs cash. $50 On terms Of .
down. balance $ per month; the larger loss sans
ratio Of rric.s and terms Also threestory brick
.torshouse and residence. +roon bungalow, and
Troom eottaSr IN fun view Of Washington. on cleo
the line; cheap ard easy terms. Also % largs
building lots between Washington City and Airing
ton mansiou. Pries $50 each: terras. down. bal
ancs 81 per week. SIS Pct lot cash. Also 7-ac-'
tact, cheap
JAMES Z. CLEMENTS. own1.
100 @ 50. NV.
The Washington herald., 1912-03-18
REAL ESTATE.

NORMAN & ROBINSON
Real Estate, 739 18th st.
Sales. Rents and Loans
List your property with us
The Washington herald., 1912-03-18
Ducbe,, Of BuccIeuch Dead.

Edinburgh. March 1.-THE Duchess OF
BuccIeucn died to-day at the estate. Dali
keith House, near this city, after a
short illness. She was a daughter Of
the first Duke of Abercorn. The duchess
is survived by the duke. five sons, and
two daughters.
The Washington herald., 1912-03-18
FOR RENr-Bus1NEss PURPOSES.
FOR RENT

THE MOST BEAUTIFUL HOME AND
10 acres OF the best bottom land along
the Ohio River: handy to good market.
ket district: fine for gardening. small
fruits and poultry: has boat landing and
railroad depot on land: one mile OF good
10 rooms: heated BY furnace and gas;
house nearly new and an ideal home for
rome one who wants 10 do farming; all
necessary outbuildings; viii rent part
or all the property For information ad-
dress FEDERAL REALTY COMPANY.
New Martinsville. W. Va.
The Washington herald., 1912-03-18
AUCTION SALES.

MEDICINAL PREPARATIONS.
LADIEs-oUR IMPROVED MONTHLY REM
edy The Blue Bells. guaranteed superior 70 any
thing; safe. speedy. regular; 81 . box p1stpaid T.
BEARD & CO, Dayton. Ohio.
LADIES-sl.O 900 REWARD. POSITIVE
" guarantee my great successful
Monthly remedy: safely relieves some
OF the longest. most obstinate, abnormal
cases in 3 to 5 days; no harm, pain.
or interference with work: mail, $50;
double strength, g. c. R. SOUTHING-
TON R. CO. Kansas City, Mo.
The Washington herald., 1912-03-18
HELP wANTED-MALE.

HELP wANTED-MALE.
wANTED-APPRENTIcE BOY WITH
shooting. YoBsT BROS, "a 18th 81. ne.
wANTED-BoYs, OVER 10 YEARS
old. with bicycIes: can earn 80 70 20
T Rfs RSfLai A 6Pf1c Mi iioi 81
WANTED-FIRsT-cLAss LADIEs TAI-
sCHENTHIk Co. IS 18th ST NV
/ MADE 5000 N FIVE YEARS WITH
a small mall order business; began with
S. Send for free booklet. Tells how.
HEACoCK. 62S3 Lockport. N. Y.
IF YOU ARE AN AUTOMOBILE Elk
pert. you are never out Of job. Good
sses our esy on nsh. o course sns VII prs
Jobs. and EMPLOYMENT Is SURE
Think Il ever and come and tax 70 .oT rs
LEGE OF WASHINGTON. NC, 1906
18th st. NV. Tor white students only"
AN INTELLIGENT PERSON MAY EARN $40
mouthly corresponding for nevEnpen; no en-
yass.ns. Send for partieuian PRESS sfsDi-
HELP WANTED-FEMALE.
wANTED-A YOUNG CoLoRED GIRL
for light housekeeping. Call 1887 Otis
Place northwest
NICE. RESPECTABLE CoLoRED GIRL
as bookkeeper in coal yard: wages. 81
J. D. LEWIS. 400 Champlain st. NV.
WANTED SALE SHADY, WITH
knowledge OF bookkeeping, for ladies
tailoring salon. Apply ut once. LOWEN-
STINE-sCHENTHAL CO. 525 18th st NV.
WANTE d = FIRsT-CLAss COAT
hands. Apply at once. LOwENSTINE-
sCHENTHAL CO. 525 18th st. NV.
AN INTELLIGENT PERSON MAY EARN 800
monthly corresponding Tor psESrSpe1; no can
ysssing. Send for IaIticulan PRESS sYNDi-
CATE. Loehport. n. Y.
MALE & FEMALE HELP WANTED.
BETTER-pRAUGHoNs PRACTICAL
NV. has something better to offer than
cheap rates. Catalogue free.
BOYS AND GIRLsYOU CAN EARN
a beautiful watch or 3 rings for selling
20 packages OF sachet powder at ioc a
and we will send you the present. We
trust you. Write THE CREAGERS-
TOWN SPECIALITY Co. creagsrs-
FOR sALE-MIsCELLANEOUs
49,, BEAVERS Family Lager Bees. TX,
BEER ease Of q bottles.
rrr,,,r, Ohio Port, Sherry. Catauha, TX.
WINES and Blackberry. l g1llon. OS
BEAVERS. - ~ st Main 5A
FOR SALE - TWO LINOTYPE MA
chimes, in good order; bargain Ad-
dress c. c. T. Herald Office
AUCTION SALES.
8 BESsINGER. Auc;iooeer.
ON TUESDAY. MARCH % 49,. AT 10 O'CLOCK
a. m. / will sell at public auction at the
wholesale pruducers market, Eleventh and streets
northwest condemned District horse No 100 BY
order Commissioner. u. c. NJ. c. HARGR0NE
Purchasing Ohicer, n. O. mhl7-4
The Washington herald., 1912-03-18
FOR RENT-HoUsEs.

Rent List al the once tor Other rropeIJ-
A. s. CAYwo0D, BIS n. 7. Ave. y. W:
GET OUR FOR RENT LIST.
HARRY r. GLADMAE, 306 Pa ave. sc.
The Washington herald., 1912-03-18
GASOLINE ENGINES.
DOGS, PETS AND BIRDS.

MALE AND FEMALE LCANARIEs,
breeding cages. fancy poultry and In
cubators, dogs, rabbits. Guinea pigs,
white rats and mice. gold fishes. Sc
sCHMID'S PET EMPORIUM. ~ i2th
St NV.
Rural Retreat times. [volume] (Rural Retreat, Va.) 1892-1918, 1912-01-19

Don't forget us when you have
Job printing, that you want done
at once
Rural Retreat times. [volume] (Rural Retreat, Va.) 1892-1918, 1912-01-19
The Cause Of Many
Sudden Deaths.

There is disease prevailing in this
country most dangerous because SO decep-
Rural Retreat times. [volume] (Rural Retreat, Va.) 1892-1918, 1912-01-19

tack the vital organs, causing catarrh OF
the bladder, brick-dust or sediment IN
the urine, head ache, back ache, lame
back, dizziness, sleeplessness, nervous
ness, or the kidneys themselves break
down and waste away cell by cell.
Bladder troubles almost always result
from arrangement OF the kidneys and
better health in that organ is obtained
quickest by proper treatment of the kid
news. Swamp-Root corrects inability to
hold urine and scalding painin passingit it,
and overcomes that unpleasant necessity
of being compelled to go often through
the day, and to get up many times during
the night. The mild and immediate effect
of Swamp Root, the great kidney remedy
is soon realized. 1t stands the highest be-
cause Of its remarkable health restoring
properties. A trial will convince anyone.
ssswaInp-Root is pleasant to take and IS
sold by all druggists in ffty-ccnt ard
onc-dollar size bottles. You may have q
sample bottle and book that tells all
about it. both sent free by mail. Address,
DIR. Kilmcr g. Co., Bingharnton, N. Y.
When writing mention reading this gen
erous offer in this paper. Don't make
any mistake, but remember the name,
Swanlp-Root, ard don't let a dealer sell
YOU something il place of Swamp Root
If you do you will be disappointed.