davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1912-06-21
OUTING OF
 BLACH'S BOOSTERS

The men privileged to membership in Blacks Boosters organization. as wei as the guests who each year enjoy its hos pitality, have gone on record as enjoying more than ever the latest picnic If took place Cahabaward the other day and the object of the outing was first to catch the fish and then eat it. In the fishing contest, after testing the scales. prizes were awardal in order mentioned 10 H. Gusfield. Joe Hodges, John Williams, Henry Geiger. Forrest shaul.
 The Boosters who. again enjoyed the hospitality of the firm were: J. G. Smith, John B. LaBontle. Forrest Shaul, Joe Hodges, C. z. Daniel, John c. Fulmer, Ai- win Black, Sam Friedman, Ellis Sisson, Sam Blach, II. Bowman, c. H. Meahl. l.. l.. Doty, R. F. Masters, Mervin Black, J. T. Yielding. J. T. Jones, F. o'shea Bob o'Toole. simon Blaeh, W. $. Schenberger. W. G. Woodall, F. V. Thelen, Fred Floyd, George Realley, Ralph Blach, Ralch Loi- rell, Harry Geiger. Harry Gusheld, John Williams. R. Levy, Harold Blach.
The Birmingham age-herald., 1912-06-21
Real Estate Transfers

Deeds were placed on record yesterday with the probate judge showing the fol- lowing transfers of real estate, the con sideration being 5000 or more:
 s1500-W. P. Aldridge to George Davis, lot and fractional lot 10 in block AS. ac- cording to the survey of the city of Bes- semer.
 s2650-W. R. Stewart to R. L. Vaughn, lot 12 in block 12 according to the sur vey of the property of the Ensley Devel- opment company,
 S25, ,335. .23-Leonard J. Hall and wife to the American Cast Iron Pipe company, all of the northwest quarter of the northeast quarter of section 22, township r, range 3 west.
 $i2o0-John Frazier and wife to w., c. Cargile. lots 15 and Is in block Il, accord ing to the survey of the first addition to North Johns.
The Birmingham age-herald., 1912-06-21
MATTERS BEFORE COMMISSION TODAY Conference Held Yesterday on Proposed Water Rate
 Ordinance

An adjourned session of the city com missioners will be held this morning at 10 o'clock at which several important mat ters will come up.
 The matter of the sale of the Birming- ham and Edgewood Street Railway com pany to the Birmingham Railway, Light and Power company will come up for ae- tion. The billposters will probably present a ''bill of complaint against the city ordinance regulating billhoards. claiming parts of the ordinance unjust.
 Yesterday conference was had be- tween President Exum, Judge Lane and City Attorney Romaine Boyd and City Engineer Kirkpatrick representing rle city, and President A. M Lynn and Gen eral Manager OConnell of the Blrming- ham Waterworks company in reference to the ordinance governing water rates that is being prepared by Captain Boyd. The passage of the ordinance will probably go over until the return of Commission CT James Weatherly from Baltimore.
The Birmingham age-herald., 1912-06-21
AT THE HOTELS

". J. White of Montgomery, w. F. Jones of Acmar and J. F. sandlin of Dora are among the arrivals at the Metropoli- tan.
 A. F. Swanson of Gadsden. R. E. Dry den of Atlanta and ". A. Roberts of At lanta are registered at the Morris.
 R. F. Culverhouse of Margaret, B. NJ. Thompson of Piper and G. L. Bealse of Montgomery are among those stopping at the Florence.
 J. N. Stevenson of Alexander City. J. B. George of Atlanta and J. 4. Wolf of Demopolis are registered at the Birming- ham.
 W. L. Brentnall of Atlanta, W. R. Key holds of Montevallo and c. J. Delano of Atlanta are among the arrivals at the Hillman.
The Birmingham age-herald., 1912-06-21
BEGIN PROCEEDINGS
 ID RELEASE DUNCAN
Attorney Howard Files Habeas Corpus Suit in
 Montgomery Court

Habeas corpus proceedings have been filed before w w. Pearson, circuit judge of Montgomery, by w. NJ. Howard, attor- ney for Teok Duncan. for Duncans re- lease from the state penitentiary at We tunpka
 MT. Howard left here for Montgomery yesterday afternoon, and upon his arrival there the papers were immediately filed in the circuit court before Judge Pearson. AIr. Towards line of argument, 1t Is said, will be that the removal of Duncan from the Jefferson county jail early last Satur- day morning was illegal. owing to the fact that Duncan's sentence was suspend ed before Judge Cahalan pending an ap- peal
The Birmingham age-herald., 1912-06-21
THREE NEGRO WOMEN
 GRANTED PAROLES

Montgomery. June a.-(Special.)- )-Three negro women, incarcerated at the Hux- ford & orvin Naval Stores company, located 10 miles from Atmore. have been paroled by Governor O'Neai. Two of the negro women were from Mobile, Clara Montgomery. convicted in February, 1912, for petit larceny and public drunkenness, and Virginia Allen, who was sent up to serve a term for vagrancy. The third recipient of executive clemency was Mat tie Sheppard. who was sent up from Brewton
 Parole for the three negro women was recommended by pr. William H. Oates. state prison inspector. who made an in- spection of the place where they were imprisoned. and found conditions not con ducive to their health and needs.
The Birmingham age-herald., 1912-06-21
WHOLESALE GROCERS'
 PICNIC SATURDAY
Train caves the Terminal Station at 7:30 O'Clock for Oxford
 Lake

The Birmingham Wholesale Grocers' as- seciation will give their annual barbecue and picnic to their employees Saturday at Oxford lake. The train for the lake will leave the Terminal station at 7:s0 o'clock Saturday morning. In order that all of the employees may enjoy the days outing the wholesale groeers will be closed all day Saturday. The following places of business will close for the day.
 B. F. Roden Grocery company, Alabama Grocery company, G. w. Hopson & Son, Tyler Grocery company. Beck Candy and Grocery company. F. F. Norton & Son, McBester & VanHoose company, Frank lin-Stiles & Franklin. Hood Grocery com pany, Collins X Co., Taylor Wheeler Groc- cry company and J. o. Taylor.
The Birmingham age-herald., 1912-06-21
NEGRO WILL NOT BE HANGED NOW
  Armstead Whites Sentence
 Reprieved RESPITE OF SIXTY DAYS
 -- Stated That Stay of Execution Was Granted to Enable State te Secure Evidence From
 Condemned Man
RESPITE OF SIXTY DAYS

Armstead White, condemned negro murderer who was to have been hanged this morning at Il o'clock in the yard of the Jefferson county jail. has been given respite for 60 days by Governor o'Neal by reason of the interest of the state.
 yesterday afternoon Sheriff McAdory re- ceived. a long distance message from Montgomery announcing the reprieve of the negro. This was followed later bv A telegram confirming the message and giv- Ing the negro a lease on life for 60 days longer.
 It is understood the negro is an lmnor- tant witness in a murder case that oc- cured in Montgomery, and that tha attorneys for the state secured the re- prieye. The condemned negro vas oorl victed and given a life sentence in tba courts or Montgomery for the murder of a negro in that county.
 He was sent to the state penitentiarv at Pratt City, and while at work In ,na cool mines at that point quarrelled viii, fellow convict over trivial matter "nite laid In walt for the man win whom ne quarreled, and stealing up be- r'ihd him, drove a miners pick into his brain, killing him instantly.
 He was tried and convicted of tha la.,au onehse In the first division of the crim- .,,Fi eourt oefore Judge Samuel F. Greene ihe negro made practically no defense at. attorney who was appointed by the court tried to secure new trial on teehntca, grounds which were overruled | |
 . He was given tho death penalty h,, the jury and when called before rndso.
 Greene to receive his sentence had nothing to say, not even the general 1 statement that he was not guilty. While Judge Greene was pronounc- Ing the dread sentence upon him ba maintained an air of perfect indif. ference and received tho sentence a-of death without a tremor.
 white it Is said, has more than tthe average intelligence of the negro erin,- inal and has given Sheriff McAdorv considerable trouble since being con | uied In the condemned cell Ii Is un- uefstood he stated he would never bo hanged as he intended to make the of- hcers kill him before the day of exe- cution. White was the first man to reeeiva the death sentence since Sheriff Me- Adofy has been In office All the prep- arations had been made for the hang Ing this morning: The scaffoId erected the rope stretched and new suit Of black clothes bought for the doomed negro. The death warrant had been prepared by the clerk of the crim- inat court and every detail of ,t tha hanging had been arranged. The re- spite fl Is said, holds no hope for the negro of further clemency. the stay of execution being merely for reasons of state.
The Birmingham age-herald., 1912-06-21
JONES LOCATED IN
 ENGLISH HOSPITAL

London, June 20.--Luther Maynard Jones, former law partner of the late William C. Whitney and the first secre- tary of the Yale Alumni association, was found today in Streatham infirmary after a disappearance of three years due to loss of memory caused by abcess on the brain. NIT. Jones came here several years ago in connection with an important law suit, but was compelled to give up practice owing to brain trouble. He afterward became a noted antiquary. J. K. Quain of Ottawa, a lifelong friend found MT. Jones today as the result of one years search
The Birmingham age-herald., 1912-06-21
WARDEN FIGHTS
 WITH PRISONER

Yesterday morning at the city jail War den Puckett was called upon to try his prowess with bad prisoner. Charles Bruce. They had quite an earnest little fight that lasted about two or three min utes. during which Warden Puckett ''mopped up with the mutinous prisoner MT. Puckett had gone in the jail to get a watch from the prisoner which he feared would be taken from him by the others. and as he turned to go out Bruce struck him on the back of the head. II didn't take the warden long to teach him the majesty of the law. Bruce was fined sl0 for disorderly conduct. s25 for assault and battery, and s10 for resisting an off. cer of the law
The Birmingham age-herald., 1912-06-21
Well-Attended Meeting Held at Chamber of Commerce
 Building Yesterday
ASK FOR RAILROAD
 COMMISSIONS AIDn
Determined Fight Should Be Made, and Made Right Now"-An- other Meeting to Be
 Held Today

Former Governor E. B. Conner shied 'his hat into the ring" yesterday and announced his intention to take up the railroad rate reform question and to combat the restoration of the Scent fare by the Louisville and Nash 1le Railroad company and the abrogation of the other railroad reforms secured by him and his railroad reform legislature during his ad- ministration,
 At we'll attended meeting of the Mer- chants and Manufacturers association. held in the Chamber of Commerce audi torium yesterday afternoon. Governor Conner was the principal speaker, and made characteristic railroad reform speech. He eontended that the time to fight the railroads was right now; not to wait until new legislation be enacted He declared the present laws adequate and that a determined fight should be made through eevry branch of the federal courts until the right of the citizens of the state were recognized
 "The way to get at it is to have the right here in Birmingham and through them make your fight" he declared .The commissioners are ours. We elect and pay them It Is to them we look for relief. The governor is with us. the attorney general Is with us, the entire state Is with us in this most just and righteous fight.
 We can by united and concerted ac- ton show the octapus that sovereign 1ox haf fat n the people and that the state can con- trol the railroads by and through it's railroad commission. We do not ad- voeate any harsh or unjust measures, bue we do most heartily protest against unjust and unfair discrimination
 The sentiments of Governor Conner were heartily applauded by the gath ering, which was composed of leading wholesale merchants and heavy ship pers of material and produce.
 Following MT. Corners speech number of short talks were made by J. H. McCary. Herman Beck. s. w. Lee, Ed wilkerson, w. D. Nesbitt. Elm met Collins, R. M Goodall. Ernest Redd. T. H. Johnson, J. T. Slater and others.
 On motion it was agreed to effect a permanent organization to take up the fight against a restoration of the old railroad rates and a committee of 25 was appointed to secure active mem bers and perfect the organization.
 Another meeting will be held this afternoon at 3:30 o'clock at the audi torium of the Chamber of Commerce, when the organization will be made permanent and officers elected.
 All those actively interested in this measure are being urged to attend the meeting this afternoon.
The Birmingham age-herald., 1912-06-21
SHORT SHIFT TO
 BE GIVEN GOLFERS

Chicago, June 2o.-Bolters in thes na- tional committee from the party nomi- nee will be given short shrift hereafter, by reason of an amendment to rules made by the rules committee of the re- publican convention today. It provides that the national committee in the future may summarily remove and appoint suc- cessors to those who refuse to support the nominee
 Another change provided for inc rec oenition of members of the national com mittee elected in those states. having preferential primaries and making com pulsory their indorsement py their re- spective state delegations in the con ention.
The Birmingham age-herald., 1912-06-21
NEIL BLUE BURIED
 IN MONTGOMERY

Montgomery, June (special) )-The funeral of Neil w. Blue. who had been connected with the Montgomery postorice for 37 years. was held at the family resi- dence, slo Monroe street. at 4:30 o'clock this afternoon. The grandfather of MT. Blue was the first postmaster of the city Of Montgomery. and Matt Blue his father. was also postmaster for number Of years prior to the war, Matthew C. Blue is the author of probably the best history of the city ever written
The Birmingham age-herald., 1912-06-21
ADDITIONAL STEEL
 ORDERS RECEIVED

Announcement is made by the Schae- fer Manufacturing company of addi- tional orders received this week for sitate the working of a double shift at the North Birmingham plant. be- ginning next week.
 The last orders cover six steel build fngs, aggregating about 300 tons of steel, the greater portion of which will be shaped and rolled at Bessemer.
The Birmingham age-herald., 1912-06-21
Interpretations

Articles of incorporation were filed with the porbate judge as follows yesterday:
 The Bellgreen Farm-The company is organized for. the purpose of carrying on general farming, dairy and live stock business, on Bellgreen farm, near Greens, Ala. The incorporators and officers are Robert N. Bell. president; Fred Shields, secretary, and A. E. Smith. The amount of authorized capital stock is s500o and the company will start business with s10OO of that amount paid in.
The Birmingham age-herald., 1912-06-21
ALLEGED CULLMAN
 BOOKS IN BAD FIX

Montgomery. June 0.-(Special)-Com- pllcations in the books of cullman county officials have arisen and state examiner of public accounts, Charles L. Townes, rushed to Montgomery today to confer with Governor O'Neal and Attorney Gen eral Brickell. It is understood that inac- curacies and technicalities have been found and that the examiner has re- quested legal advice from the legal de- partment.
The Birmingham age-herald., 1912-06-21
ARMY MULE WINS
 FIGHT FOR EXISTENCE

Madison, Wis, June 20.--The army mule, menaced by the motor truck, apparently his won his fight for existence. Capt. L. F. Favilla of the provisional regiment of the army encanped near near here gave out this statement this afternoon:
 "The automobile demonstration has been such as to warrant the conclusion that 1t is unsafe to supercede army mules and wagons with the troops by any other form of locomotion.
 Colonel Getty of the regiment assented to this view, although admitting that inc automobile truck will prove valuable in supplementing the regular modes of conveyance.
The Birmingham age-herald., 1912-06-21
Marriage Licenses

The following marriage licenses were is- sued at the probate office yesterday;
 F. A. Williams of North Birmingham to Miss Gertrude F. Russell
 q. K. Cook of Bessemer to Miss Hattie Crank.
 Robert l.. Meadows of Birmingham 10 Miss Verna Blackman.
 George W. Barnett of Brighton to Miss Gertrude Vines.
The Birmingham age-herald., 1912-06-21
 HOUSE SENDS BILL TO CONFERENCE CE

Washington, June 2o.--The House today sent the legislative, judicial and executive appropriation bill to conference. The House disagreed with the Senate which in addition to abolishing the commerce court abolished the offices of the judges of the court. Minority Leader Mann said the Senate proposition was unconstitu- tional
The Birmingham age-herald., 1912-06-21
BIRMINGHAM FIRE
 LOSS DECREASING

owing to the energetic work of the po- lice force in the enforcement of the laws for the prevention Of fire and the prompt, efficient work of the fire department. the loss by fire in Birmingham during the last four months has been very small. The records will show that the loss for February, March, April and May of this year has been just half the total for those months in 1911.
The Birmingham age-herald., 1912-06-21
pr. Eayes Returns Today

The Rev. Dr. George Eaves expects to return to Birmingham today and he hopes to begin next week discussion of the economies of modern charity He will occupy the pulpit of the Pilgrim Con gregational church Sunday morning, and will preach Sunday night in Capitol park.
The Birmingham age-herald., 1912-06-21
Pisgah Home Incorporatede

The Pisgah Home association was incor- porated yesterday. The trustees named are Hampton Smith, Sidney Lazarus R. M. Jenkins, Mrs Eula T. Jenkins, Charles O. oxnam. 1, F. Young and Mrs. Lillian Orr.
The Birmingham age-herald., 1912-06-21
Election at North Johns

At the first regular election. held in the newly Incorporated town of North Johns the following officers were elected: Mayor, Indge F. NJ. Parsons; aldermen l.. M. Goodwin, Joe Baer, M. P. Chapman, K. L. Brill and Joe Sachs.
The Birmingham age-herald., 1912-06-21
American Trust Dividend

At the meeting of the board of directors of the American Trust and Savings bank. held Wednesday, the regular quarterly dividend of per cent upon the capital stock of s5Qo0OO-amountlng to s10OOO- was declared. payable July 1.
The Birmingham age-herald., 1912-06-21
ocrAN nREInzEs

s15-Wrightsvillc and Return-s15. Good 10 days, Seaboard every Thurs day. through Pullmans. Make reserva- tions seaboard city office. 1927 First
 avenue.
The Birmingham age-herald., 1912-06-21
June zh, l5i-.
 Smyer's Opinion
Following is the opinion referred to in Mir Notions letter:

Following Is the opinion referred to in Mir Notions letter:
 June 13 19is MT c. B. Rogers Birmingham. Ala
 Dear Sir: At your request 1 have ex- amined the law in regard Co the powers and duties of the board of revenue of Jefferson county, as to the additional as- sessments made by the county tax com missioner. and presented to you for con- sideration.
 Tn my opinion the action of the board of revenue in regard 10 the additional assessment is the action of a court, and the court in its sound discretion has the authority and power to docket any or all of the additional assessments or may re- fuse to docket any or all of the additional assessments.
 The statute. section 2250 of the code, in my opinion, clearly leaves it to the sound. judicial discretion of the court as to whether the court will or will not docket and try the cases, or any of them.
 'rhe action of the court is judicial. The court hears the tax commissioner. If the court is of the opinion that the case should not be docketed the discre- tion is in the court 10 refuse to docket the case.
 'The action of the court in determining whether or not it will docket cases Is as much judicial in its nature as the action of the court in trying the cases, should they be dockcted.
The Birmingham age-herald., 1912-06-21

UNDERWOOD SPECIAL" WILL LEAVE 12;30
 SATURDAY NIGHT VIA SOUTHERN RAILWAY.
The Birmingham age-herald., 1912-06-21

county tax commissioner and present. ed to the court shows conclusively that IL was the legislative intent for the action of the court to be final
 "The court cannot be held account- able for the exercise of It's judicial discretion.
 "In the case of Coleman vs. Roh- erts. 1l3 Ala. s23. the court says:
 The doctrine has become so firm ly settled as to have passed into a truism that an action will not lie a aEainst judicial officer. the highest or lowest. keeping within the sphere of his Jurisdiction by one supposing himself agrieved by his judicial ac- ton.
 "'Ayerm ents of malice or of corrup- ton In the exercise of Jurisdiction or of authority works no change in the operation of the principle. Malice and error combined nor either separately will furnish private cause of action against a judge
 CooIey's Opinion
 "The court says the true theory and reason of the doctrine Is stated with clearness by Judge Cooley. When- ever the statute confers judicial pow CTS upon an individual 1t confers there- with full immunity from private suits. Tn effect the state says to the officer | that these uutleS arc cOnHned 10 niS | judgment that he Is to exercise his I Judgments fullw freely and without favor and he may exercise 1t without iftar.'
 T advisce you that in my opinion the board of revenue of Jefferson coun- ty has the authority and power In its sound, judicial discretion to docket or refuse to docket any or all of the cases referred to after you have considered the same.
 The law makes you the sole judges of the valuations and although your conclusions may be erroneous and all though your action may be erroneous. either in docketlng or refusing to dock- et cases there can be no personal lia- hilities for the error.
 q will add that unless you act cor ruptly there i5 no ground for impeach- ment. No Judicial officer can be im- peached, it matters not how erroneous his judicial action may be, If his action is not coupled with corruption. Respects fully F. J. SMYER. eWe concur in the above opinion. ''TILLAfAN. BRADLEY x MORROW.'
 We think MT smyer's opinion en- tirely correct.
 PERCY. BENNERS ( BURR"
The Birmingham age-herald., 1912-06-21
Leaye Sunday Morning.

From Birmingham, the party with cars decorated. banners flying and band play
 ing will leave for Baltimore early Sun day morning To the rear of the train will be the transparent sign, highly illuminated. telling to the people that Bir- mngham. the city of a payroll of more than $1000,0G0 a week. is the home of oscar W Underwood Early Sunday morning, Atlanta will be reached. The club will march through the streets of Atlanta behind Nappi's band, and will serenade, among other enterprises, the Atlanta Constitution. which paper led and won the Georgia fight for Under wood After Atlanta, no other stops will be made before Washington is reached early Monday. There the club will again march, and 1t is probable that Underwood will be serenaded. The trip to Baltimore from Washington Is very short. In Bal timore, the club will take charge of the situation, and will, it Is probable, turn a few stones under which may be re- posing at the present time matters neees- sary for the nomination of Underwood
 Concerning the chances of the Alabama statesman, there is the greatest optim- ism It is generally believed in Blrming- ham that he will be nominated. 1t is thought that when New York on the sec ond or third ballot casts it's 20 votes for the Alabamian, the stampede will follow That he will eventually receive the vote of the solid south, Is generally admitted
 The Alambans are going to help. For that purpose they will leave over the Underwood specials for Baltimore early Sunday morning.