davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1912-06-18
IMPORTANT ISSUES BEFORE COMMISSION Several Important Matters May Be Heard at the
 Meeting Today

Among the important features of tho meeting of the city commissioners which will be held this morning will be the dis position of the ordinance amending the water rate contract, the granting of a franchise to a new electric railway, the granting of a franchise to the Tidewater company to construct loop at the Ter mlnal depot and several other matters of importance to the city.
 II is probable that action will be de- ferred on the waterworks ordinance, as 1t may not be ready for presentation to the board.
 It Is understood MT. WeatherIy will re- quest a postponement of the matter for at least 10 days, as he will be absent from the city for that period.
The Birmingham age-herald., 1912-06-18
Attorney Howard Makes Statement About the Case
 of His Client
CONTEMPT OF COURT
 IS THE CHARGE MADE
Howard Says It Is Untrue That No One Was Allowed to See Dun can Except Friends
 of Cole

Should impeachment proceedings be brought against Sheriff McAdory for the removal of Duncan from the county jail. the sheriff is prepared to defend himself.
 The attorneys of Thomas A. Duncan. Bowman, Howard and Weaver, have com pleted the papere for habeas eorpas pro- ceedngs that will release Duncan from that state pententiary at Wetumpka. The papers will be filed herore W. w. Pear son, judge of the circuit court. of the Elmore county jurisdiction within the next three days. The filing of these papers, it is claimed by the attorneys. Duncan from the custody of the state of- ficials and his freedom.
 Once these habeas corpus proceedings are done with and Duncan Is released, it Is claimed Sheriff Walter K. McAdory, Solicitor H. P. Hefiin and President Oak ley of the state convict department will be guilty of an escape. It Is the opinion of Dnncan's attorneys that all concerned in the removal of Duncan from the county jail are guilty of an escape and of con tempt of court These attorneys allege ludl DuHCdn WAS Hol uHuSI SchtcIlSSt but that the sentence was suspended by Judge Cahalan, when the appeal was filed in his court
 Attorney Howard says that he will make a motion before Judge Cahalan that McAdory, Heflin and Oakley be brought before him for contempt of his court and that he will push the matter to a finish.
 In answer to Solicitor Hefiin's published statement, MT Howard said: "The state ment that Duncan was allowed to see no one but friends of Cole in order that he might not tell anything on Cole Is ab- solutely untrue. MT. Heflin was told that he could see Duncan at any time, and l challenge him to give the name of single person, representing the state, who was denied the privilege of seeing Duncan. T demand that he furnish the name of his informer who said that Duncan did not want an appeal
 Henry Cole has many friends, including such men as Bishop J. H. Mccoy, who Is ready to testify to the good character of Cole, and I challenge Hefin to show where single corporation is behind either Duncan or Cole, or has contributed a sim gle dollar or promised one penny for their defense.
 These assertions and insinuations of Solicitor Hefln have a tendency to preju- dice the public against Cole, who has not yet been tried, and I call on him either to give the name and the facts to back his statements or withdraw them, unless his purpose Is to prejudice the public against Cole"
The Birmingham age-herald., 1912-06-18
TO MAKE PETITION TODAY
 FOR NEW STREET CAR LINE

A petition will be presented this morn ing at the meeting of the city commis- sioners by George Kelley and associates requesting franchise for the construe- ton, maintenance and operation of an electric street railway that will extend from the north side to the south side of Birmingham and will include a number of branch lines.
 The route suggested by Mir. Kelley will be along certain streets and avenues that are not at present used either by the Birmingham Railway. Light and Power company or the Tidewater Street Railway company, and which cover large terri tory that at present is not directly reached by the present street car system.
The Birmingham age-herald., 1912-06-18
BADGE TO TAKE
 TO BALTIMORE

The advertising committee of the Cham ber of Commerce has prepared a unique badge for the Birmingham people attend- ing the Baltimore convention. The badge consists of small piece of cardboard With the words. Pull the String and See What City Gained 245 per cent Population in Ten Years There Is a string fas- tened to the cardboard, which when pulled turns the card upside down. showing the words, Birmingham, the Ideal Conven- tion City The Birmingham delegation to Baltimore will wear the badges and are expected to create quite an advertise ment for the Magic City.
The Birmingham age-herald., 1912-06-18
Real Estate Transfers

,eeds were placed on record yesterday she probate office showing the follow transfers of real estate. the consider -on being 5000 or more: Is25- Martha Hayes to T. H. Wright.
 ', in block 1. according to the Central lition to Woodlawn. |eDo-Rufus Miller to Anna Belle Baird. parcel of land in the northeast quarter
 the southwest quarter of section 24, vnship lG. range west
The Birmingham age-herald., 1912-06-18
Are Liberal With Agents

1 Ne allow full commissions
 all recognized insurance nts and brokers in the Bir- gham district who place 'iness with us.
 his strong Southern Com
 y is also fair to agents else hre whom it employs. II are not represented in your Tn or county, write to our ncy department and you Y get just the opening you
 looking for.
The Birmingham age-herald., 1912-06-18
Nesbitt Goes to Columbus

State Mine Inspector c. H. Nesbitt has gone to Columbus, O., where he will do- liver an address on Better Discipline and Cooperation in the Mines" before the meeting of the National Mine Inspectors institute. Mir. Nesbitt is a member of the executive committee of the association which met yesterday. Before leaving Bir- mingham MT Nesbitt stated that he was going to try very hard to bring the next convention of the mine inspectors to Bir- Inlnpham
The Birmingham age-herald., 1912-06-18
CIVIL SERVICE MEN
 PLANNING PICNIC

The federal employees in the civil ser vice will meet this afternoon at the fed- eral building to complete arrangements for bis outing for the civil service men. The time and place of the picnic will be q scided this afternoon.
 The local organization of postoffice clerks will meet on July IA for the pur- rose of ei~-tip~ officers and naming dele gates to the national convention at Bos- a,4 thls Iaii.
The Birmingham age-herald., 1912-06-18
Marriage Licenses

ihe following marriage licenses were bed yesterday at the probate office: Ernest Donaldson of Birmingham to fs Mary Baxter. |l Savage of Birmingham to Miss Pearl fttington. N. Cresweli of Philadelphia to Miss
 a H. Donaldson.
 ivid w. Kennpner of Little Rock. Ark. Miss Esther May Loveman. \. F. Miller of Togo. Ala, to Miss Bes- Dennithoyne.
The Birmingham age-herald., 1912-06-18
)DEKER WANTS THE
 BERTILLON SYSTEM

Thief of Police Bodeker yesterday h that he is making an attempt to |e the Bertillon system of identifi- ! ion installed for the use of the |tl police. The chief says that all
 st every other city of the size of .mingham has this system. and that would be of inestimable help to the al police and detectives. The cost the installation will be compara- ely small, and in the end the city |l be amply repaid for the expendi- |e. says the chief, as there will be increase in the number of convic-
 ls for the city.
The Birmingham age-herald., 1912-06-18

whole plagued thing goes Every timel
 "Bingo" enables lots Of folks to wear size smaller shoes-~-size larger smiles Makes foot smooth as a whistle-shoes slips on so easily. painlessly. you for get you ever had foot trouble.
 "Bingo' shrinks the corn. loosens it. down to the roots end--out 1t comes 1ust like that. Doesn't hurt healthy tis- sue Bingos as different from usual corn cures as night from day. Get IL and see.
 Costs 25c--worth more At druggists. sent direct by Dennison Phsunacai O.. III No. Dearborn St.. Chicago. III Sold in this city by Collier Drug Co. AQ9 20th Street. N.
The Birmingham age-herald., 1912-06-18

A plan of the proposed route has been prepared by the city engineer which will be presented at the meeting of the city commissioners this morning
 It is understood the new route will make loop on the nerthside beginning at Fifth avenue and Tenth street and ex- tend to West Highlands. On the south side the proposed line will extend from Fifth avenue along Twenty-third street to Avenue D to the Standard oil com pany. Another branch will run along Thirteenth, Fourteenth and Fifteenth ave- nues to the Phenix club
 George Kelley & Sons, who are behind the project, are the we'll known engineers and draughtsmen who have compiled many maps of the city and district
The Birmingham age-herald., 1912-06-18
ALK WEDNESDAY ON
 EDUCATIONAL NEED

Pr. E. P. Hogan and L. Sevier will talk lore the weekly luncheon of the Cham the Gold Lion tea room, the subject
 Ing "Birmingham's Educational Need"
 cry member of the Chamber of Com Ire is eligible to attend the luncheon, ,viding he sends his name into the |retary's office today.
The Birmingham age-herald., 1912-06-18
CONAN BODY
 NOT IDENTIFIED

The body of John Moomaw. who died Ice factory, is being held at ! establishment of the Johns Under king company on Fourth avenue, while
 attempt is being made to locate his atives The help of any one who knew pomaw. or can assist in his identifca- n will be appreciated by MT. Rushton the City Delivery company.
The Birmingham age-herald., 1912-06-18
JSSELL'S BODY
 STILL UNCLAIMED

The body of the young man who Id from the effect of drugs on Friday lat the Lige Loy Undertaking com Ay. The young man is supposed to Ernest Russell from somewhere in brgia. Unless his relatives can be
 lated in the next few days, the re- |ins will be turned over. to the city burial Any assistance that will h to the Identification of the young In will be appreciated by the city |horities.
The Birmingham age-herald., 1912-06-18

s~~~~~~~~-~-~~~-~-~~~~~ states that whenever the tax commission CT secures evidence that any tax as- sessments of the county are not as high as required by law he shall file an in- crease with the board of revenue. which must take action upon the matter. Mr. Johnston declared today that If would refer him to any legal authority in the county who would say that the present list of cases should not be docketed be- cause the entire county was not cov- cred, he would drop the argument. I took him up. After the session I saw White Gibson of the law firm of Gibson & White, who represent the labor unions of the district, and l also saw Senator Hugh Morrow, both of whom said that 1t was not mandatory for the board to docket the present equitable cases until Captain Allen had made a conscientious canvass of the assessments of every tax payer in the county and included all of them in his lists.
 "rhe sum and substance of the whole thing is that I can't see why one man should be made to pay the limit whom some other man should not, just simply because the first man was easier to get at. If all of the taxpayers of the county were made to pay uniform assessment of even 70 per cent. 1t would increase the income of the county from 10 to % per cent. Yet they want to make some of them pay on 60 per cent valuation and leave others go at any old thing which would probably vary from a 10 per cent valuation to 20 or 30."
 The Alabama state tax commission alsJ resumed their sessions In this city yesterday. The programme for this week contained the cases of the larger and industrial concerns of the district. Mir Long and MT. Evans were tho two commissioners here yes terday and 1t was stated that Mir Powell would arrive this morning. One or two settlements were made and the couple other cases were appealed. It was stated that the cases yesterday did not concern any of the big corpora
 tions of the district
The Birmingham age-herald., 1912-06-18
Bingo! Bing!!
 Corn's Gone!
Wear Smaller Shoes, Larger SmiIss

Let every corn victim r e o ic e : w O n derful '" B 1 n E o stops sever est c O r Il oncel Just D a | n S a : paint t h @ corn-a sec ond's time say "bingo"
 D a i n g gone! Great est inven tion f o r foot growths since Adam. Means quick riddance to worst corns, c a l l 0 n ses. bunions that ever g r Q W on human feet. Not partial rid a a n ~ a
The Birmingham age-herald., 1912-06-18
Final Hearings Must Be Had

We have clearly shown that under the law if the returns of the county tax com missioner are filed and docketed, the final hearing must be had. Because as will. clearly be seen from the language of the statutes which we have quoted. if the re- turns of the county tax commissioner are allowed to be filed by the board of reve- nue they must be docketed; If they are doclsetcd notices must be issued. and if the notices be issued the final hearing must be had The statutes seem to draw distinction between the returns by the county tax commissioner, in the first in- stance, and the allowance of the same to be filed and doeketed by the board of revenue. in the second instance, the latter being within the discretion of the board of revenue after they have heard the county tax commissioner.
 This disposes of the law of the matter and clearly shows that the governor was in error in his conclusion as to what the law Is with reference to it. Now as to the facts:
 Records in Jefferson
 The records vii. show that the taxpay- CTS of Jefferson county have more ~-~-~~-~~>~~~~~~~~~
 <Ennffuuod Iast Do~ak
The Birmingham age-herald., 1912-06-18
Convention Bulletins

Tho Southern club has arranged to TO- eeive bulletins of the Chicago conven- ton, beginning at noon today. The bulle- tins will be posted as fast as received up to midnight.
The Birmingham age-herald., 1912-06-18
Christian Endeavor Union

The Birmingham District Christian En- ly meeting tonight nt the Third Presby- terian church, Avenue G and Twenty-sec- ond street.
The Birmingham age-herald., 1912-06-18
Should Cover Whole County

"I am not arguing that the present tax increases Captain Allen has made are not equitable and just. Many of them are and should be docketed, but not until Captain Allen has covered the whole county. The people of this coun- ty elected me and the other members of the board of revenue to protect them That's what I'm going to try to do as far as I know how. I don't believe the present list of tax increases should be docketed until every taxpayer in the county who is not paying his full as- sessment is Included in them and I'm going to fight for what I believe.
 Many people have said that we have been delaying too much on this matter and that we should have come to some kind of decision several days ago. This is matter for study. The time has been spent wisely. have secured legal opinions from some of the best auth or tiles in the state, and it has taken time and expense to get them. These say that the board of revenue is a court of record: that 1t has power to docket or refuse to docket any or all of the cases submitted by Captain Allen. and that in taking such action the board is act- ing judicially; that the fact that It Is expressly stated that no appeal can be taken from the ruling of this board. showing conclusively that 1t was rthe legislative intent that that action of the board be final
 Answers to Code Argument
 Tn today's session MT. Allen and MT. Johnston would always answer my argu-
The Birmingham age-herald., 1912-06-18
ANSWER IS MADE
 ON LEGAL ASPECT Citizens Issue Another Re-
 ply to Governor
GOES INTO DETAIL
Quotes From Governor O'Neafs Statement and From Statutes to Show That Governor Is Under
 Misapprehension

The citizens committee of taNpay- CTS from the Chamber of Commerce yesterday issued a statement in answer to Governor oNeal. dealing with the legal phase of the question. The com mittee consists of ]. D. Moore, Frank Nelson, Jr., Robert Jemison, Sr. Ea- gene L. Brown, and Dr. J. $. Gillespy.
 The statement issued by this commit tee yesterday is as follows:
 The governor still seems to claim, even after his attention has been called to the law under which the county tax commls- sioner of Jefferson county is proceeding that the board of revenue of Jefferson county has no discretion with reference to the filing and docketing of the returns made to it by the county tax commission CT. And in the spirit which has animated him in this whole matter, he takes up section 225O Of the code, and proceeds to construe it according 10 his own desires.
 He says An analysis of that section shows. O) That it is the duty of the county tax commissioner to make an ad- ditional assessment whenever he finds or 1t comes to his Knowledge that any person or property has been assessed at what he 
 it his duty to return the same to the court of county commissioners or court of like Jurisdiction at the next term thereof.
 That far the governor is correct In his analysis of the statute.
 But in saying that the statute then makes 1t his duty of the court to hear such tax commissioner upon such under valuation, the governor asks the ques- ton, How, in the face of this plain statute. can the committee of 150 or their representatives contend as they do that the board of revenue can refuse to give the county tax commissioners hearing? ?
 This interpretation of our position is misleading. We have never eontended that the board of revenue should or could refuse to give the tax commissioner a hearing. We have expected the board of revenue 10 give the tax commissioner a hearing, and the tax commissioner is be- ing given a hearing.
The Birmingham age-herald., 1912-06-18
Rogers Makes Statement

After the session ended MT. Rogers gave out the following statement;
 T do not advocate the refusal of docketing Captain Aliens tax increases in this county. What I want to do Is return the present list of increases to him and let him complete them so as to cover every taxpayer in the county who is not now paying his full GO per cent assessment. MT Allen objects to this because he says that it would take him four or five years to cover the entire county as l have suggested. This I deny. In view of the fact that the federal government can cover the whole United states in few short months and take a census of almost every man, woman and child, what he's worth, where he lives, what he does and hun dreds of other data it seems to be absurd to say 1t would take five years to assess every taxpayer in Jefferson county at 60 per cent of his prop erty values as the law requires. It is merely a matter of clerks, a little money and very short time There are dozens of young men trained in the very WOIK lnaL MI AiiNh NOuiu have to have done, living in this coun- ty who would be glad to get the po- siiion with Mir Allen at s75 or $100 a month. He Is either trying to dodge this issue or else he Is not aware of the facts.
 "Out of approximately 10000 taxpay- CTS in this county he has come to us with a select list of about 2500 tax payers whose taxes he has seen ft to increase I don't charge Mir. Allen with faVoritism, but I have to confess that IL looks a whole lot like 1t. The trou- ble is this: Tie idea prevails that the big corpora tions have wealth and haven't time to fight small matters like this, and therefore they are easy money I'm not favoring the corpora tions nor the poor man or anybody else. I'm merely standing for square deal for every taxpayer, for tax as- sessments that are proportionate and capitalized and I don't care who it af- fleets or who 1t doesn't
The Birmingham age-herald., 1912-06-18
Should Be Equally Clear

''It should be equally clear, it seems to us, under the provisions of sections 226l and 22e3 which appear to furnish the only machinery for trying the tax commission CTS cases, and which are. therefore, the other cases of underyaluations referred to in section 2250. that if his returns are filed, they must be doeketed; notices must be given; and the cases made by the filing of his returns must be tried and disposed of So that, so far as the board of reye- nue is concerned, if upon hearing the tax commissioner, they shall find that the undervaluations claimed by him do not ex- ist. and they do not intend to put the citizens and taxpayers, whom the com missioner desire sto raise, to the expense and trouble of a trial, their only resource Is to refuse to file and docket his returns So, far from being a breach of their duty as officers and a violation of their oaths of office, this action on their part. In the event mentioned, would be the proper course for them to pursue.
 "The governor in effect admits that the board of revenue has discretionary power to refuse a final hearing. lie says: Tn the first trial or hearing the taxpayer is not presumed to be present, and the court has no discretion to refuse the final hear ing unless the testimony furnished by tie county tax commissioner or their own personal knowledge fully satisfy them that no undervauaton in fact exists In other words, he admits himself out of the position which he has taken, by saying that f. the board of revenue is fully satisfied by their personal knowledge that no uadervaluation in fact exists they may refuse sthe final hearing
The Birmingham age-herald., 1912-06-18
BOARD ID DECIDE ON DOCKET|NG CASES AT THE SESSION TODAY Rogers Claims Entire COun-
 ty Should Be Covered
 in Aliens List
UNFAIR TO PRESENT
 ONLY PARTIAL LIST
Question of D0cketing the $25, ,000,00 Increases Argued at Length Yes terday-Allen Defends List
 Through Attorney

Tax assessment increases amounting to approximately $25.oo0,OOO will either be docketed or refused by the Jefferson county board of revenue this morning.
 Indications are they will not be doeketed. At least not at this time.
 At a lively session of the board yester- day, at which Back Tax Commissioner J. V. Allen was present. the issue was raised that the proposed increases now being submitted to the board by Mir Allen do not cover all of the taxpayers of the county. and are. therefore. not fair and equitable. This matter was argued at length by MT. Allen, Forney Johnston, attorney for Mr. Allen. and the members of the board of revenue, Cleon B. Rogers being the most active member of the board in opposition to docketing the present increases until MT. Allen had amended his list by covering all of the territory in the county.
 Would Take Several Years
 This MT. Allen admitteds he has not done and added that 1t would take him from three to five years to compile q llSI or increases NfliNn WOdiQ bi HIS tNci y taxpayer in Jefferson county up to the 50 per cent assessment as required by law. MT. Allen and his attorney argued that the fact that all of the taxpayers of the county whose present assessments were not high enough were not included in the present list, had nothing to do with the docketing or refusal of the eases
 e very lively It had been expected that a decision in the matter would be reached yesterday and announcement made of whether or not any of the eases would be docketed, and if SO, which ones. This new issue in the matter caused the de- lay, and it was stated by members of the board that the final vote on the probably soon after the session begins at 10 o'clock
 In answer to MT. Allen and MT. John ston, MT. Rogers quoted the following:
 ''All taxes levied on property in this state shall be assessed in exact proportion to the value of such property" Sec ton 2l1, article Il. constitution of Ala bama.
 MT. Rogers stated that under this clause 1t was very plain that taxes were to be assessed in ''exact proportion to value of such property" and contended that if the back tax commissioner was not increasing the tax assessment of all of the taxpayers of the county he was acting contrary to the constitution of the state