davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-09-24
NON-SU|T ENTERED|N
MRS. POOLE'S CASE
Sam Lance Case Is Again on
Trial in Federal Court.
Injured in 1910

On account of a ruling of Judge w. l..
Grubb of the federal court non-suit was
taken by the plaintiff in the ease of Mrs.
S. G. Poole ct al against the Tennessee
Coal, Iron and Railroad company The
case went to trial in the federal court on
Monday morning and large number of
witnesses were examined. The case came
to sudden termination, however, when
Judge Grubb ruled ON a point of law
which was against the plaintiff, whose at
asked for a non-suit. This action makes
the plaintiff liable to the costs in the pro-
eeedings but gives her a right to COM
mence another suit
Mrs Poole was suing the Tennessee
company for possession of valuable min
eral property on which the Edgewater
mine is located. She also sued for $500 0OO
damages. There were over so witnesses
summoned by the litigants and until the
abrupt termination yesterday it was
thought the case would last several DAYS
The case of Sam Lance pro ami is now
on trial in which $4,000 damages are
claimed against the American Bridge com.
pany for alleged personal injuries re-
ceived by the plaintiff when working on
the steel and wire mill at Corey The
plaintiff fell or was knocked off the roof
OF the main building of the wire mill
1t is alleged in the complaint that he re-
ceived injuries in the head which have
caused him to become insane. The acct
dent happened on November H. 1910. He
has for some time been confined in the
asylum at Tuscaloosa
The Birmingham age-herald., 1913-09-24
BANkHEAD is HERE
EN- ROUTE TO CAPITAL
Win Probably Hold Early Conference
With President Regarding Attorney
for Middle Alabama District

Senator John II. Banllhead. en- route to
Washington. spent last night ia Rirming-
ham. In the return of the senator there
Is considerable interest inasmueh as tho
report has been published that Tie Presi-
dent is awaiting a conference with him
prior TO nominating an attorney Tor the
middle district of Alabama
In the beginning there were Il candi-
dates for this position Senator Bank
head has indorsed Tyler Goodwin OF
MONTGOMERY, and it is understood that the
President is inclined to appoint 7. =. SAINT
FORD of Opelika. II is considered certain
that one of these tWo VII be- named
within the next few DAYS
Senator Bankhead had little to sax rela-
tive to this situation Yesterday lie pre-
diets. however, that there will be a cur
rency bill enacted during the special ses-
sion. He declined to discuss the race for
the Senate in which Oscar w Underwood,
Henry d. Clayton and r. p. Hobson Will
be entered or the probability of Henry d.
clayton, appointed 10 the Senate following
the death of tlle late Senator Johnston
BY Governor O Neal. being seated by d
vote of the Senate.
Senator BanIshead wiil leave FOR WASH
ington this morning.
The Birmingham age-herald., 1913-09-24
WARM CONTROVERSY
OVER PAVING AWARD
City's Advertisement Fails
to Specify Kind of
Asphalt Required

One of the most interesting verbal
scraps staged before the city commits
sion in some time occurred yesterday
afternoon when the commissioners
awarded TO Dunn & Lalland, contract
ors. the paving of Twenty street
between Morris avenue and Eighth
avenue. Efforts were made by repre-
sentatives of the Southern fitulithic
company to have the bid thrown out.
B. A. Pepperman, for the Southern
Bitulithic company, stated that Dunn
& I.allands bid was for California oil
asphalt which up until this time the
city has never used except when the
advertisements of the work called for
ii and that, therefore, the latter's COM
pany had not bid on this kind of paw
ing. Mr. Pepperman stated that, there
fore, there had been no competing bid
against Mr.. Dunn and that as a matter
of fact the latter had placed a bid on
than Peppeiman' company would dc
the work if they had known such an
asphalt was to be used
The work was awarded to Mr.. Dunn
for s177 per yard, which Mr.. Pepper
man claimed was but cents lower
than his company had bid on lake
asphalt, which cost twice as much as
the oil asphalt Mr. Dunn was going to
use. Mr.. Pepperman admitted, however.
that his company could not bid" on
the oil asphalt If they had wanted To
and it seems that on this ground the
commission awarded the bid to Mr.
Dunn, although the latter also admitted
that the work could be done more
cheaply.
In awarding the bid Mr.. Exum stated
that it seemed very clear that the mis-
take was on the commission in not
specifying in the advertisement of the
work what kind of asphalt was to be
used, but that nevertheless it was the
moral duty of the commission 20 award
the contract to Mr.. Dunn and see that
the same thing did not occur in the
future. Mr.. EXum blamed Mr.. Kirk
patrick for not seeing that both COM
panies had a chance to bid on the same
kind of asphalt.
Mr.. Pepperman alleged that in the
among the property holders and which
had been sigped by them stipulating the
pavement, it had been stipulated what
kinds of asphalt should be used and
his company had bid on these kinds
This was not stated in the advertise
ment of the work, however, and there
fore the commission awarded Mr.
Dunn the contract with the oil asphalt
Mr.. Dunn and Mr.. Pepperman both
made speeches and things were very
lively for awhile, although there We're
no hard feelings
The Birmingham age-herald., 1913-09-24

years--for in other years, with the
election of Underwood a foregone con-
clusion, its duty has been merely per-
functory
The first action to be taken by the
committee will be to elect a chairman
to succeed E. X. Campbell. who as chief
justice of the federal court of appeals,
has removed to Washington. II is the
general indication that Henry II. Howe
of Birmin CHAM, present secretary of
the committee. will be chosen chair
man without opposition. The commit
tee Will name a date for the primary
and will then consider the adoption of
plan under which the primary will
be held. Mr.. Howe. at the present
time, is in Virginia, but will be in
Birmingham again before the conclu-
sion of the week
On account of the large number OF
prospective candidates for the seat now
occupied by Mr.. Underwood, it is an
ticpated that the majority plan will
be favored. The adoption of the ma
jority plan would, it is thought be
pleasing to the people of Jefferson
county because that plan would make
1T certain that the next congressman
would be q citizen of jefferson.
The indications are that there Will
be several candidates. There are two
certainties. N. L. Miller of Birmingham
and r. T. IIuey of Bessemer. Others
mentioned are Borden Burr, Jere c.
King, and w. NJ Drennen of i3irming-
ham, Dr. r. NJ Cunningham of Ems
ley and j. f. Thompson of Centre
Vile.
1t is also reported that Capt. John
b. Reid of birmingham is prepared to
enter the field. He has claims on three
counties. He was born in Perry lie
was married in Blount. He is a resi-
dent of jefferson.
The Birmingham age-herald., 1913-09-24
DIR. OWEN SENDS OUT
OFFICIAL REGISTER
Contains Much Valuable Information
About State Officials and General
Statistics of Alabama

DR.. Thomas NJ. Owen, director of the
state department OF archives and his
tory, has issued the official and statis-
teal register for 1918. It is larger and ap-
parently more complete than any pre-
vious edition of the publication
In addition to publishing the list of Of
fcals. personal sketches are given Of
state officials, members of Congress, su-
preme court judges, members of the state
senate and house. Rosters are published
of state officials and county officials.
state institutions and officials state and
county population and election statistics,
and miscellaneous statistics.
The work is most complete and Will
serve as valuable reference in every day
use. It was published under authority of
an act of the legislature of 1901 consists
of 1000 copies and is intended for free dis
tribution.
The Birmingham age-herald., 1913-09-24
COUNTY COURTS

second partial report of the grand
jury was made yesterday to Judge
William e. Fort of the criminal court
in which 1875 true bills were returned
In addition to the true bills found
there were several no-bills returned,
but these were not reported to Judge
Fort. About so true bills were re-
ported the first time making a total
of 176 true bills found since the grand
jury went in session September l.
Among those indicted were the fol-
lowing:
Murder-Will Saunders, for killing
of Joe Gates; Charley Howard, for
killing of Robert Bennett; Henry Hin
ton, for killing of viii Jackson. viii
Thomas alias Bud Thomas. for killing
OF Dennis Eberhardt; Maggie Price,
for killing of Virginia Galloway.
Murder. second degree-Will W.
Ragsdale. for killing of James w
McConley.
Robbery-Quillus Richardson, Lr-
ther Detts. Will Brown, julius Boyd
and Bud Webb
Assault With Intent to Murder-Na-
than Lewis. Lee Joiner, Joe Davis,
John White Pat Sun, Pat Sun, John
Henry. McFerrn, Joe Finch, Allen
Morton. Chat Adams. Florence Bray
ner, Clarence Nix VIII White
Burglary and Grand Larceny-Wiil
Thomas, Andrew Stewart. Debb Nc
Kenney. Albert Miller, Albert Miller,
Jim Key, Morris. Hardin, Morris Har-
din, Robert Taylor.
Burglary and Grand Larceny and Re-
ceiving Stolen Property Andrew
Stewart, Andrew Stewart, Henry
Jones and Clarence Nix
Grand Larceny--Joe Lucas, Julia
Jackson. Hugh Collins. John Shearrell,
1shman VIII Rice.
Burglary-Joe Davis.
Embezzlement-Wi William H. Trent 3
Forgery oseph Williams, Ethel
Sims.
Sodomy-Lawrence Wakefield
Petit Larceny-Lee Harris, George
Reeves, Dallas Jackson.
Carrying Concealed weapons-Geo
Reeves.
Receiving Stolen Property-Frank
Bellina, Frank Bellina.
Removing Mortgaged Property
Charlie Harris
Vagrancy-Win Davis. Lucille Jen-
kins, Annie May Johnson Ed Smith
Assault With Weapon-Dan Lee,
G. ID. Graves.
Abusive Language-Dave Matbars
Assault and Undergraduates Ire
land.
The Birmingham age-herald., 1913-09-24
WALKER PERCY is
BACK FROM THE EAST
and Favorable Vote on Audi
tOrium Bond Election

Walker Percy. who has been away sew
his offices yesterday. He spent some
time playing golf at Hot Springs, Va,
and later went further east for few
days. Mr.. Percy is apparently much i'm
proved from his outing. Mr.. Percy was
very much gratified over the election of
George b. Ward president of the COM
mission, and was equally pleased that the
auditorium bond election had carried Mr..
Percy, who is the author of the commits
sion bill. is warm personal friend of
Presdent-elect Ward and believes that
he is eminently qualified for the hard
work that lies before the future commits
sioner of birmingham.
The Birmingham age-herald., 1913-09-24
AUDITORIUM BOND
ELECTION CALLED
MONDAY, OCT. 27
Weatherly Explains in VOt-
ing That He Assumes
Lane Would Have Voted
Against Proposition

A municipal bono issue election for
to erect a public auditorium was or
dered yesterday by the city commits
sion for Monday. October 81. This
was earlier than it was first intended
to call the election.
In voting aye on the proposition
Commissioner Weatherly explained the
fact that it had been agreed some time
ago not to call the election until a
full board was present.
Il am reminded of the fact that
some time ago at the expressed wish
tive agreement with him not to act
on this matter until full board was
present said Mr.. Weatherly, and
there is some question in my mind as
how to proceed now that Judge Lane
Is absent from the city
Il have decided to vote for the cleo
ton ordinance because l believe we
owe n certain obedience to the ex-
pressed will of the people in that 1t
| seems considerable delay may be caused
by not calling the election now. 1t
recent vote for the auditorium bond
issue that the auditorium would be
ready for use next summer and If any
further postponement of the election
is made, this cannot be done. l am
assuming that if Judge Lane were here
he would vote against the election and
L would prefer to give the judge an
opportunity to express his opinion when
the election is called, but taking all
things into consideration l believe that
it is my duty to vote aye now"
Mr.. Exum also stated that Mr.
Weatherly had informed him of the
informali agreement with Judge Lane,
but that Judge Lanes vote would not
change the proposition and waiting for
1t would only mean delay in erecting
the auditorium in case 1t carries at
the election and therefore he could see
no reason why action should not be
taken at once.
The official ballot win be as follows:
OFFICIAL BALLOT
Special Election, City of Birmingham
Alabama
Monday October 81, 1913.
Shall the board of commissioners
ol lne city OF birmingham Issue the
bonds of said city to the amount of
two hundred thousand (S20O, 600 OO) dol
lars for the purpose of constructing
a municipal auditorium and acquiring
the necessary site therefor; said bonds,
IL authorized, are to mature thirty 600
years from date and shall bear inter
est at the rate of five per centum (5
per centum) per annum, payable semi
annually.
IL
after the proposition you wish to vote
for
For Municipal AUDITORIUM
bond issue
Against Municipal auditori-
ium" bond issue
The Birmingham age-herald., 1913-09-24
TO REMOVE DANDRUFF

Prevent falling hair remove crusts and
scales. and allay itching and irritation OF
the scalp. frequent shampoos with Cuticura
Soap, assisted by occasional dressings with
Cuticura Ointment. afford the speediest and
most economical treatment They assist in
promoting the growth and beauty of tho
hair by removing those conditions which
tend TO make it dry. thin, and lifeless. often
leading to premature grayness and loss OF
hair Cuticura Soap and Ointment sold
everywhere Liberal sample of each mailed
free, with 32-p. Skin Book Address post
card "CuticIIra, Dept. T. Boston"
aS-A1en who shave and shampoo with Gu
ticura Soap will find 1t best for skin and scalp.
The Birmingham age-herald., 1913-09-24
Real Estate Transfers

The following real estate transfers
Were recorded in the office OF the pro-
bate Judge yesterday:
SS400--Luar A. Hill to EIoise T..
Beale, section 49, township II, range
3 west
s260o-L. s. Selman to Sophie Bruce.
lot 10 in Hewes & Booths survey at
West End.
$2000-J. A. Wicker to MIS- Minnie
c. Hood, lots 12 and 13 in block 2S2.
Elyton Land companys survey.
$1000-W. j. McGrail to j. Ii. Hos
kin, lots 15 and 16 in block So. Bir-
mingham- Ensley Survey.
$3250--L. b. Leftwich to s. E. Gill
lespie, lots 16 and II in block 1893, Ely
ton Land company's survey.
The Birmingham age-herald., 1913-09-24
NINTH DISTRICT IS
BECOMING LIVELY
Committee Is to Meet Soon
to Elect CampbeIl's
Successor

On account of the known fact that
oscar w. Underwood viii resign his
seat in Congress to become a oandi-
date for the Senate, plans are on foot
for an early meeting Of the Nintn dis
trict executive committee. The commit
tee will have actual work to engage
its attention for the first time in many
The Birmingham age-herald., 1913-09-24
Suits Filed Yesterday

The following are among the suits
filed yesterday in the city and circuit
courts:
Olive Washington VS.. Birmingham
Railway, Light and Power company;
$4,000 damages claimed by the plain
tiff for an alleged assault by a con-
ductor in the employ of the company
S. b. Wheeler VS.. Excelsior cafe; $1,000
damages claimed for an alleged false
arrest.
Mrs. Annie Harris VS. Birmingham
Railway, Light and Power company;
$500 damages claimed for the death
OF dog.
John A. Hubbard VS.. Sloss- Sheffield
Steel and Iron company; $4,000 dam
ages claimed for alleged personal in
Juries.
John Smith VS.. Louisville and Nash
vile Railroad company; $1,000 dam
ages claimed for alleged personal in
juries
The Birmingham age-herald., 1913-09-24
Big Traction Plow at Fair

An immense traction plow has been re-
ceived at the state fair grounds for ex-
hbition at the state fair this fall and
special platform has been erected In order
to unload it, The exhibits of up-to-date
farm machinery at the 1918 fair will be
one of the biggest features of the show
The Birmingham age-herald., 1913-09-24
Marriage Licenses

The following marriage licenses were
issued in the office of the probate
judge yesterday:
Milo DoviclS of Blocton to Mrs. Rosa
Kimbrel.
Williaf Haddock of Birmingham to
Miss Mathilda SHELTON.
I. c. Turchin of Birmingham to Miss
Matte Rubenstein.
The Birmingham age-herald., 1913-09-24
ADJUSTMENTS
Biiou-"A Mans Game"

Estha Williams presentation OF "A
Mans Game at the Bijou theatre this
week is in all probability one of the
strongest dramatic offerings of the sea-
son, and many consider it the best ever
produced at the Eijou. There are matt
nees Thursday and Saturday and per-
formances nightly.
The Birmingham age-herald., 1913-09-24

SO badly she could not
sleep. The blisters broke
and her head soon became
a solid sore. Her hair
came out by handfuls:
every hair came off her
head.
=" / tried several treat
ments but they failed to
piva any relfaf A friand
The Birmingham age-herald., 1913-09-24
Orpheum-Vaudeville

are headliners, emitting the bill to be
classed as one of the seasons best. The
Kinemacolor pictures are feature Of
special note. There Is matinee daily at
2:so o'clock and two performances nightly,
at Z 80 and o'clock.
The Birmingham age-herald., 1913-09-24

told me about Cuticura Soap and Ointment
and began using them and they gave relief
at once. Her head was soon well and now
she has a beautiful head of hair tSigned)
Mrs. Hattie Chavers, Dec. Ia. 1912.
The Birmingham age-herald., 1913-09-24
Weatherly Attends Wedding

There will be no meeting of the city
commission Friday on account of Commits
sioner Weatherly's absence from the city
to attend the marriage of his daughter,
Miss Marjorie Weatherly.
The Birmingham age-herald., 1913-09-24

WANTED At ONCE ExPERrtsNcED
SEAMSTRESSES FOR DRESSES,
COATS AND SKIRTS. BURGER DRY
GOODS CO.
The Birmingham age-herald., 1913-09-24
CH|LD'S HEAD BROKE
OUT IN PIMPLES
Or Yellow BIisters. Itched So Could
Not Sleep. Head Solid Sore.
Every Hair Came Off Head. Used
Cuticura Soap and Ointment.
Head Soon Well.

Wallace. Ala. -" My little girl was six
months old when her head broke out in
little pimples or yellow blisters that itched
The day book. [volume] (Chicago, Ill.) 1911-1917, 1913-08-19

Robert Webb, one OF the Webb
Perry auto bandits, taken to Joliet
penitentiary to begin serving his life
sentence for the murder Of Detective
Peter Hart.
Burglars got $3.50 from iron vault
in Chicago Market Co.'s wholesale
meat store, 500 w. Chicago av.
Special Prosecutor John {. North
up, investigating vote frauds, will
make public appeal for funds unless
county board gets busy.
Body of Michael Christopher, IS,
2713 Farrell av., who has been miss
sing since Aug. IA, taken from drain
age canal.
Fred Dvorak, u, 1902 s. HaIsted
ST., fell from auto during joy ride
near Elgin, Ill. Instantly killed.
Joseph RheinIander, %, held to
grand jury without bail for murder
of Edward Cooney, 11O8 w. Ran
dolph st.
National FraternaI Congress and
Associated Fraternities of America
opened real business of their joint
conventions today.
Commissioner Of Public Works
Mccain will demand concrete retain
ing walls for every dock along Chi
cagO river from lake to Chicago av.
on north and 18th st. on south.
James J. Townsend, former presi-
dent of the Stock Exchange, is can
didate for Democratic nomination as
county treasurer.
Frank Mcdonald, 31oa w. jackson
blvd, ran down and killed at Albany
av. and Jackson blvd. by auto owned
and driven by Vim. E. Bradley, under
taker, 4948 Washington blvd.
Mother" Drury, weII-knoWn w.
Madison st. character, knocked
down and beaten by gang at Madison
and Jefferson SITS.
ThreeFnen injured when Fair auto
collided with street car at 18th and
State SITS.
The day book. [volume] (Chicago, Ill.) 1911-1917, 1913-08-19
IF THE DAY CONCERNING CHIC

JNCERNING CHICAGO
Newton, Ill, who escaped from Mercy
Hospital yesterday. Slightly de-
mented.
Harry J. Moore, 261o Sheridan rd.,
killed by Milwaukee electric train at
drainage canal trestle north of Cen
trail st., Evanston.
J. P. McInerney, 1929 FIournoy ST.,
and W. J. Flynn, 1921 Lexington St.,
badly injured when Harrison st. car
struck auto in which they were rid
ing.
Frank McCuIIoch, Evanston, re-
ceived anonymous letter threatening
him if his company started to run
cars formerly used by County Trac-
ton Company.
Reformers will protest against APP
pOintment of Chas. J.. VOpicka as
minister to Balkan states because he
is a brewer.
Grace Jones, 8, 2545 w. Lake ST.,
killed by street car near home.
New bathing beach, for men only,
opened at foot of Ohio st.
Two men held up and robbed B. T.
O'Reilly, school teacher, Milwaukee.
of $50 and gold watch at Ohio st.
and Lake Shore drive. Later ar
rested.
Louis Bat<e, IS, son of Martin
Bake, employee of Illinois Steel Co.,
ran away with $3.50, his fathers en-
tire savings.
Meyer lgIowitz, 1890 S. HaIsted
ST., drowned at South Haven, Mich.
Bathing.
Clara FeIgar filed suit for divorce
against Attorney Harry H. Felgar,
LOG N. LaSaIle st.
James and David Marrow, Bernice,
H., drowned while swimmong in
abandoned clayhole at Illinois Brick
Co. plant, near Hammond.
Jesse Reynolds, baker, 4s42 w.
Ripn Cf IN iI1rnd yuhnO foyioob efrIIclr
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1913-04-25

FOR SALE-500 winter laying hens,
in any number, to make room Tor
young stock. Price reasonable.
Pixies Mountain View Poultry
Ranch, north of Carson City. Att
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1913-04-25

means probably seventy-hve widows
and hundreds Of children, is forgot
ten almost the next day. \ disaster
by flood or fire calls on the nations
charity. The difference seems to be
that one is a common affair, while the
other is of such rarity that it occa-
,ions the sympathy and the response
in funds.
When this matter is looked into it
is found that the death toll by coal
mine explosions is the most appalling
OF any vocation, 1t Is safe to state
that more men are killed in the coal
mines annually than We're wiped out
by the Mexican war. 1t isn't pleas
ant history to repeat but II is aston
ishingly true. 1t would seem that an
industrial insurance of some charac-
ter should be worked out for this
class of men, Il for none others. Too
many lives are lost and too little pub
lie sentiment or action is given the
calamities.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1913-04-25
PROPOSALS FOR SUPPLIES

Sealed proposals for furnishing sup
plies, delivered at the Nevada State
Prison. for one year, from May |, 1913
to May /, 1914.
All articles to be hrst-class OF their
kind and delivered in such quantities
and at such times as the Warden may
direct, quantity varying each month
as required. All articles not satisfac-
tory to be returned at the ContraC-
tors expense. Bids to be directed to
the Secretary State Board of Prison
Commissioners, Carson City, Nevada.
up to April %, 1913.
Dated March %, 1918.
The Board reserves the right to re.
iect any and all bids.
J. w. LEGATE.
Secretary Of the Board.
FOR RENT-A nicely furnished
dwelling house. in good location,
Inquire at 1914 Minnesota Street.
or of Fred Wilder. A1otf