davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-08-10

NO person was injured. The car con-
taining the congressional committees
and the family party did not leave the
rails, but the locomotive, two mail
coaches and the dining ear were de-
rallied and went into IA ditch.
The funeral train was running as the
second section OF Southern railway train
No. 81 While rounding sharp curve
about two miles south of Norris at 2:17
o'clock this afternoon the rails spread.
derailing the engine, which plunged into
a ditch and turned over. An express car
also was overturned into the ditch and
three express and mail cars and the din
ing car left the rails The three parlor
cars bearing the congressional commit
tees and members of Senator Johnston 9
family remained on the tracks. The mem
bers of the party were somewhat shaken
up but otherwise were uninjured.
Engineer II. r. fodder and Fireman
S. Y Powell were caught under the over
turned locomotive but were extricated and
found to be unnjured. Postal Clerk p.
L. Pittman was the only person on the
entire train to be injured to any extent IT
is thought he is not seriously hurt.
The point where. the accident occurred
is the same place where a fatal wreck
took place five years ago.
The Birmingham age-herald., 1913-08-10
TODAY'S AGE-HERALD

1--Bankhead claims governor should
appoint senator
Sulzer offers no explanation of
campaign funds.
Wilson outlines Mexican policy.
Train bearing Johnstons body
wrecked.
2-O'Neal here to attend funeral
3-Rose fastest stenographer in fed
eral service
Enthusiastic reception given new
club plans.
5-Formal statement issued by Moose
officers
Regimentsl band to give concert.
Want citizens to help enforce traf-
fic law.
Everything ready for Pythian con-
vention.
6-sman buyers active In market
Church services.
s--Developments In senatorial situa-
9--Monteagle hears artists of note.
10-Kansas promised relief from heat.
11--Control of trusts important issue,
declares Kenyon.
13-The bookshelf
15-16-17-Sports
20-Veteran tells of fight of friends
2l-So7 1850 worth of property burned
by arson trust
I.cSi 81 uSh ny Train ana killed.
2S-W Wonderful onyx deposit discovered
24-Educational matters in neighbor-
ing towns.
25-Features of model dairy.
26-Society. ,.t-.
21-Trying to suppress usury.
2S- 2s-Ned Brace and editorial comment
32--Newsie thinks out, purpose of life
SS3--Visit to sacrament academy.
S4-Common sense in the home
-
3S-Automobile gossip.
Ss--What Soul Of Japan taught at Har-
ward.
4o-The young folks.
41-Markets
42-Weasel hunting favorite sport.
43-49-Masazine section.
5o-54-Comic supplement.
The Birmingham age-herald., 1913-08-10
TWO KILLED IN
AUTO ACCIDENT

Detroit. August s.-Two men were
killed and two others probably fatally
injured late tonight when ar autonli.
bile in which they were riding ran
into a ditch near Ecorse. Detroit
subrrt. The injured are John F. Col
llps and II. r. Wickwirs of Mansfield
o., and ii Is believed the dead mon are
fIames P. Ross OF cleveland and How
ard Davis OF Toledo.
The Birmingham age-herald., 1913-08-10
THIRD SECTION GIVES
GOVERNOR AUTHORITY

Senator Bankhead In regard to the sit
uadon stated: ut Is my opinion that the
governor has the authority to make an
appointment The third section of the
seventeenth amendment says that nothing
In the bill shall effect the term to which
any senator has already been elected The
term to which Senator Johnston was
elected will not expire until March 4.
1916.
"The provisions of the seventeenth
amendment. therefore, will not effect the
Alabama situation until after March 4,
1915. Therefore, ! contend that the gov
ernor has the authority to make the APP
pointment, and that he should proceed to
do so. Any man who is familiar with the
situation, and who heard the debate on
the new amendment in the Senate, can
scarcely doubt but that the governor has
authority to name the successor to SEN
ator Johnston.
Should the governor appoint a senator
] feel certain that the would be seated
without opposition
The Birmingham age-herald., 1913-08-10
SCH|FF ON STAND
IN PHAGAN TRIAL
Contradicts the Statements
Made by James Conley
for Prosecution

Atlanta. August s.-Herbert Schiff.,
assistant to Leo NJ Frank as superin-
tendent OF the National Pencil factory.
occupied the stand during practically
all of today's session Of Franks trial
for the murder of 14-year-od Mary
Phagan.
The witness contradicted statements
made in the testimony of James Con-
ley negro factory sweeper, that wom-
en- were frequently visitors at the
superiItendnt's office.
Two minor witnesses preceded Schin
on the stand. At the conclusion of his
testimony court was adjourned until
Monday
The Birmingham age-herald., 1913-08-10
END OF LOBBY PROBE
is NOT YET IN SIGHT
Senator Reed Unable to Tell
When Work Will Be
Finished

Washington. August 9.-The end of the
Senate lobby committees investigation is
rot in sight. according TO Senator Reed,
a member Of the committee, who today
had the Senate provide for the expenses
of the committee.
Senator Gallinger inquired when the
committee would finish its work. II can
not tell 1T" replied Senator Reed.
sen9 Williams urged that the com
nifty aholud inquire into the reputed ex-
tent 1 an organized and syndicated move
ment to plunge the United States into war
with 9exico. This suggestion was op-
posed by Senator Gallinger. No action
on the request was taken.
The Birmingham age-herald., 1913-08-10
REACH BIRMINGHAM
EARLY THIS MORNING

washington August 9-Southern rail-
way Headquarters tonight announced the
funeral train should reach Birmingham
by $50 or o'clock Sunday morning. Their
adviees stated the party would be taken
to Greenyille S. c.. for dinner tonight
and that another sleeping car and dim
ing car were en- route from Atlanta to
join the special train The cars occupied
by the party were detoured by way of
Bolton and Seneca
The Birmingham age-herald., 1913-08-10
Killed in Auto Accident

Plano, Tex, August 9.-Mrs Arch
and her son, aged 3 years.
were killed tonight when an automo
bile In which they were riding with
Mr.. Hughston and three other child
dren collidcd with an interurban car at
a grade crossing near Plano. The other
occupants of the automobile were
slightly injured.
The Birmingham age-herald., 1913-08-10
tary. kirkman O'Neal.

This afternoon, Governor O'Neal
will confer with the members of the
Alabama delegation who will be pres
ent, and probably with Senator Bris-
tow and others of the senatorial es-
cort, and by night he will be made
aware of how the representatives of
the Senate think he should proceed.
Up to the present moment, however,
he holds to the opinion that he should
call special election
lie Is opposed TO an extraordinary ses-
sion Of the legislature, and holds that
by an extraordinary session another dem
ocrat could not be sent to Washington
as soon as through special election. On
account of the danger which besets the
tariff legislation il is considered necessary
that Alabama send a senator TO WASH
ington as expeditiously as possible.
The Birmingham age-herald., 1913-08-10
PROBABLY COULD NOT
PAY EXPENSES

In discussing this matter further, the
senator said: Now, if the governor has
no authority to make an appointment, he
has no authority to call a special election.
There is no machinery under which a spe-
cial senatorial election can be held. The
legislature has not met since the adoption
OF the seventeenth amendment. and there
fore no machinery has been prepared. [
doubt whittier or not the governor could
constitutionally pay the expenses of such
an election.
There is no force in the contention that
the Legislature, were 1t called together.
could give the governor authority to make
. temporary appointment. The legislature
could simply enact machinery under
which a special election could be held. and
then call and set a date for that cleo
tion.
1.-THE quickest and most sane method. In
my opinion, is for the governor to appoint
3 new senator from this state"
The Birmingham age-herald., 1913-08-10

Mr. Bacon, only member of the Senate
who has been elected by the direct svs.
tenn takes the position that the governor
OF Alabama will exceed his power II he il.
sues the writ for a special election.
Senators Foote and Sutherland in the
Maryland senatorial case recently toos
the position that the governor could no,
call special election to fill vancancy
until the legislature had provided regula-
tions in accordance with the new amend.
ment.
A contest Is expected II a senator pre-
sents himself from Alabama elected al
such a special election a. Governor
O'Neal proposes.
The Birmingham age-herald., 1913-08-10
CHALLENGE O'NEAL'S RIGHT
TO CALL SPECIAL ELECTION
Eharp Division in Senate Over Method Naming Successor
Late Senator Johnston Contest Expected If
O'Neal's Policy Is Pursued

Washington, August s-Sharp division
Of opinion existing among senators over
Governor O'Nears announcement that he
will call special meeting of the legisla-
ture to fill the vacancy caused by the
death of Senator Johnston. Some take the
view that the governor. acting on the ad-
vice of Attorney General McReynolds, is
within his powers in conyoking special
election. others challenging this right.
Senator Kern and Senator John Shsrp
Williams approved the opinion Of the gov
evnor and the Attorney General
The Birmingham age-herald., 1913-08-10
MILITANTS ATTEMPT
TO HORSEWHIP DOCTOR
Claim That Physician Threatened to
Make Suffragette Prisoners 'Physi-
cal and Mental Wrecks

London, August 9.-Mlitant suffragettes
DIR. Allan Campbell Pearson. medical Off
Ger of Holloway jail, as he was entering
the prison gates.
The attack was made as protest
against the treatment In the Jail of Miss
May Richardson, under sentence of three
months for breaking windows.
Miss Richardson alleged that the doctor
had threatened TO deal with the suffra-
gettes In such q way as to make them
physical and mental wrecks after
which they would be confined in lunatic
asylums for safekeeping.
The Birmingham age-herald., 1913-08-10
|SULzER OFFERS NO
| EXPLANATION AS TO
| CAMPAIGN FUNDS
Friends Predict He Will Be
Heard From This
Week
LEGISLATURE. TO
CONVENE MONDAY
Frawley Committee May Present Re-
port Which Will Start Impeach-
ment Proceedings Monday.
Might Resign

Albnay, n. Y, August 9.-No statement
was forthcoming from Governor sulzer
today concerning the revelations made by
the Frawley legislative committee. The
governor remained at the executive man.
sion during the forenoon and in the after
into the country. He was expected back
some time tonight.
Although the governor has given no in
timation as to when he may issue state
ment In explanation of his campaign con-
tributions and stoc ktransactions his
friends predict he will be heard from next
week. Chester G. Patt, the governor S
secretary said the executive would have
nothing to say until the committee had
ley has indicated that the committee has
gone far enough into the governors af-
| fairs, a statement is looked for soon.
To Hold Meeting
The legislature will meet Monday night
| and all members have been notified to be
present. Louis A Sarecky, former confi-
dental secretary to the governor, who re-
| fused to testify concerning campaign con-
tributions and stock transactions, his
moned before the. bar of the house to ex-
plain his position. Sarecky has told his
friends he will go to jail rather than di-
vulge information concerning the execu-
tive. ....
/ he t1
meet prior to the legislative sessions Mon
day night, and may decide to present re-
port which will set in motion the ma
chinery for the Impeachment OF the gov
ernor. If such action is taken the matter
will be presented to the assembly, the
body which formulates the impeachment
| A committee will consider any charges
and proposed impeachment must have
the votes of majority of the assembly
before 1t can be laid before the senate and
the court of appeals which sit as court
of impeachment.
Removal by Impeachment
Removal by impeachment requires the
concurrence of two-thirds of the member
ship. The Senate at the beginning Of
today was composed of 80 democrats. II
| republicans, one independent democrat
one progressive republican and ones pro-
gressive. The democrats. Senator Roose.
velt, who resigned when appointed as
sistant secretary of the navy. and Senator
i Stillwell, who was convicted of soliciting
a bribe The progressive. Senator Salant
was unseated and democrat took his
place.
| There are seven elected judges of the
court OF appeals All except one. Judge
! Werner, are democrats. This gives the
democrats 81, one les sthan two-thrds Of
the full membership.
| There Is much speculation as to what the
attitude of the republicans will be In even
of an attempt to impeach the executive
Senator Elon r. Brown, minority leader, /.
a member Of the Frawiey committee, but
has not attended It's sessions. Governor
Sulxer is said to have secured counsel.
! At the capitol today there was a sug-
| Eestion that the governor might avoid fuh
| ther action by the Legislature by resign
ing. His friends asserted he had no suci
intention.
The Birmingham age-herald., 1913-08-10
WRECK CAUSES NO
CHANGE IN PLANS
FOR FUNERAL TODAY
Train Bearing Body of Dead
Senator Is Again Under
Way-Reaches Birming-
ham This Morning

Local officials of the Southern Rail-
way company announced last night that
the funeral train of Senator Joseph r.
Johnston again was under way after the
wreck NJ South Carolina. and would ar
rive NJ Birmingham between and
o'clock this morning.
II was stated by local friends Of the
bereaved family. who have been attend
Ing to the funeral arrangements here.
that no change in the funeral plans had
been made and that the services as an
nouneed will be held at II o'clock this
morning at st. Mary -on-the- highlands
with interment in Oak Hill cemetery at
about u o'clock noon.
James Freeman. assistant general pas
senher agent of the Southern. stated last
night that ne had received full reports
of the derailment and that the two cars
containing the funeral party and the body
were not harmed ia tho least and did
not Leave the track,
Wrecked Near Norris
According to advices sent Mr.. Freeman,
the train WIS wrecked at 9:19 clock yes
terday afternoon at a point two miles
south of Norris. S. G.. Norris being be-
tween 10 and 80 miles southwest of Spar
tanburg. The funeral train Is not a spe-
cial, but is merely the second sector of
the regular New Orleans limited and was
at the time of the accident was running
about 10 minutes behind the first section.
The second section usually is made up OF
baggage and mail cars, but on this spe-
cial occasion two Pullman sleepers and
private parlor car were attached ana
thus made up the funeral party.
The parlor car was the rear coach and
was occupied by the bereaved family and
the remains of Senator Johnston. The
two Pullmans We're occupied by the con-
gresslonal party and Washington friends
of the dead statesman Who were COM
iag 10 Birmingham to attend the funeral
None OF these three cars left the track
PalIbearers for Funeral
The pa1lbearers for the funeral we're
announced yesterday as follows:
Henry l.. Badham.
Chappell Cory.
r. 7. McDayid.
Frank Fowlkes
L. c. Leadbeater.
j. Y. Allen.
Richard Randolph.
Laul Lee Cooke.
The local honorary pallbearers are:
Gen. E. w. Rucker
Gov Emmett O'Neal.
Judge f. X. Campbell,
Judge A.. o. Lane.
Joseph II. Woodward
Judge II. A. sharpe.
John P. Tillman.
Judge c. w. Ferguson.
w. B. Leedy
Samuel Ullman.
Hugh McGeever. and other of mis-
close friends throughout the state.
The following committee to represent
Continued on Page Eight
The Birmingham age-herald., 1913-08-10
WILSON OUTLINES
MEXICAN POLICY TO
SENATE COMMITTEE
General Purposes of Envoy
Lind's Mission Is Ex-
planned Attitude
Approved
No OPPOSITION TO
WILSON'S ATTITUDE

Washington, August 9.-Two
hours of conference tonight be-
tween President Wilson, Secre-
tary Bryan and the Senate for
eign relations committee devel-
oped no opposition from repub-
Hcans or democrats to the Pres
situation.
II became known that the
Presidents plan Is to have John
Lind. his special envoy now
waiting at Vera Cruz. present
nothing to the Huerta govern
ment until he has fully ac-
ouainted himself with the situ-
alton.
The Birmingham age-herald., 1913-08-10
BY HUGH w. ROBERTS

Senator John H. Bankhead and Governor ONeal da-
metcay opposed in regard to what steps should be pursued
in order that Alabama might be represented by another
Senator Bankhead who reached the city Yesterday
care that the and safe for the governor
appoint senator Governor ONea is of the opinion that ne
has constitutional authority appoint Senator
Johnston The arrived from Montgomery at Il o'clock
last night He accompanied by his private
tary kirlman ONeaI
The Birmingham age-herald., 1913-08-10
TRAIN BEARING BODY
OF DEAD SENATOR is
WRECKED AT NORRIS

Engine and Express Car Deraed But Bearing Congress
sional Committees and Members of Senator's Family
Remain on Track-Party Shaken Up But None
Injured-Lne Immediately Cleared and
the Train Proceeds It's Way
Rails Spread While Train Is Rounding Sharp Curve and the
Engine Plunges Over Into Ditch-Party Taken to
Greenvile, S. O., to Await Another Sleeping
Car-Reach Birmingham Early
This Morning
The Birmingham age-herald., 1913-08-10


Washington. August 1.-TWO hours of
conference tonight between President
Wilson, Secretary Bryan and the SEN
ate foreign relations committee brought
the administration toward Mexico.
President Wilson took the senators
into his confidence far enough to out
line the following:
That John Lind. his special envoy
to Mexico City. does not bear any solu-
ton of the present situation, but goes
to continue this governments efforts
to induce Provisional President Huerta
to redeem his promises for free and
constitutional elections.
That under no circumstances does the
administration propose to recognize the
Huerta government.
That Mr.. Lind has gone to Mexico
City to be the "eyes and ears" of the
Washington administration on the
ground, and to explain the attitude of
tnlS BoFti iiiHtHl when ITO mas luiiy Ia
| miliarized himself with the situation.
| SYMPATHIZES WITH
ADMINISTRATION
That by withdrawing Ambassador
Wilson and sending Mr.. Lind the Pres
ident planned to have a man on the
ground who was in sympathy with the
administration here and was in no
sense factor in the situation in Mex
| leo City.
These policies and suggestions of the
President and Secretary Bryan came
out in general discussion. 1t was made
clear that the purpose of the confer
ence was to establish more frank and
Intimate relations between the Senate
and the administration in the develop
mept of the Mexican policy. and in the
furtherance of this idea the President
talked freely and answered many point :
| ed questions
| While the President disclosed no def
mite plan for the paclfication OF Mex
Lind's reports would depend to large
extent the future policy of this coun-
try.
There was practically no talk OF lift
| ing the embargo on the importation OF
arms into Mexico which some members
of the committee believe would put u
speedy end to the difficulties.
| The meeting tonight was entirely
(continued On Page ElevenJ
The Birmingham age-herald., 1913-08-10

Norris, c. August 9The special funeral train convey
ing the body of the late Senator Joseph Johnston from Wash
ngton to Birmingham Alabama wrecked here today
The Birmingham age-herald., 1913-08-10
Cresson Nominated

Washington, August s.-william p.
Cresson of Nevada was nominated for
secretary of the legation at Quito, Ec-
uador, today.
The Birmingham age-herald., 1913-08-10
John LIND LANDS
. ON MEXICAN SOIL;
C0NFERS WITH HALE
No Intimation of Hostility
Greets American Envoy.
No Discussion of
Mission

Vera Cruz, Mexico. August 9.-Ex-Gov
John Lind Of Minnesota. the personal rep
resentative of the President OF the United
States and counsellor of the American
embassy at Mexico City landed on Mex.
lean soil late this afternoon and went
direct to hotel When he will leave
for the capital has not yet been deter
mined, but it will not be tonight
Both the ex-governor and Mrs Lind
were tired this evening and he made nc
haste to rush into the stronghold of pro.
visional President Huerta, although the
delay in doing so will be but a day OF
two at the most.
The people of Vera Cruz gave no init.
nation of any desire to indulge in d
demonstration of disapproyal of Mr.
Lind's coming. His landing was witnessed
by only a small group of the more pa.
tient of the curious persons who hao
watched from piers the battleship New
Hampshire, on which he made the trir
from Galveston, since the vessel anchored
shortly after noon
The Birmingham age-herald., 1913-08-10
BANKHEAD CLAIMS
GOVERNOR SHOULD
APPOINT SENATOR
Contends That Third Section of 18th Amendment Gives
O'Nea Authority to Name Johnston's Successor at
Once and That This Was Intention When
Amendment Was Passed Shown
by Debate

Says Governor Has Authority Order Special Election
Without Action by the Legislature and That Even the
Legislature Cannot Give Him Authority to Appoint
Senaor Ad Interim but Can Only Provide
for Election
The Birmingham age-herald., 1913-08-10


demonstration of disapproval of Mr..
Lind's coming His landing was witnessed
by only small group of the more pa
tient of the curious persons who had
watched from piers the battleship New
Hampshire, on which he made the trip
from Galveston, since the vessel anchored
shortly after noon.
Apprehension Felt
Some slight apprehension was felt by
foreigners here that a popular manifes-
tation might be held tonight. it being
feared that the thousands of laborers with
their pockets filled with their weeks $
wages might prove good material for agi-
tators, but local authorities assured Mr.
Canada that any attempt at disorder
would be suppressed A message from
the state department at Washington was
handed to Mr.. Lind as soon as the New
Hampshire anchored and with DR.. Will
liam Bayard Hale. who also is In Mex
leo as personal representative of Pres
ident Wilson. he went over 1t carefully
contents but they were noncommittal as
to its character.
No Discussion
Mr.. LIND call or courtesy on Rear
Admiral Frank r. Fletcher, aboard the
flagship Louisiana, resulted In no dis.
cussion Of his mission. the ex-governo,
maintaining the same reserve regarding
his instructions that characterized hin
on other occasions.
La Union, local newspaper. in IL,
afternoon edition. urged all citizens te
abstain from disorder and not to lister
to agitators. declaring that those taking
part in manifestations were not patriots
since such action might easily compro
mise the Mexican government
The paper suggested that all wait unit
they might be called upon by the gov,
ernment of Provisional President Huerts
to participate In foreign war, in whicf
case all should be disposed to shed thei,
last drop of blood In the defense of thei,
country.
The conference resulted in giving eacf
The conference on the warship New
Hampshire resulted in giving each
representative an official UNDERSTANDING
with regard to the latest developments ir
the Mexican situation. but details of theii
conference were not revealed.
No Open Hostility
With the expectation that Mr.. Line
would go ashore soon after the arrival ol
the New Hampshire, small crowd gath.
cred at the pier, but there was no sign oil
open hostility.
Acting upon instructions from the fed.
eral authorities at Mexico City, the loca
officials had issued orders to prevent an,
demonstration, but apart from adverse
opinions privately expressed. the public
appeared almost apathetic.
There was not even a casual meeting be
tween Ex-Governor Lind and the authori
ties Of Vera Cruz. Capt. James II. Oliver
--~---~-~->-->>-~>~->-->-
iCOntfnued ON Pare EIeyenl
The Birmingham age-herald., 1913-08-10

lcontlnaea .. Page Eley.al
Lawrence democrat. (Lawrenceburg, Tenn.) 1884-1925, 1913-06-04
RULES and REGULATIONS GOVERNING CONTEST
ARE AS FOLLOWS:
CONTEST

LD,- D. nr.I tIiTt,, J.,-., II,n ~.
,10 '''' 10y ''' y WV p"
per VIII run - vote coupon
which Can DE voted free r any
lady contestant.
Comics, ~ RIM mot Iass than on
49,, l
''0 = 0'o''"5 " 0'''''0' - "
announced % DAYS Ia advance Vi
closing The rlgnt 10 postpone
date OF closing Is reserved, II sulj.
cient canse shou,d occur
r,o o,,,..-, an oIa., d,,
" y MS 7'-'''' 0'0'0 - gay
"AIch VIII De announced IaVei'