davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-08-21

strued as to affect the election or term
of any senator chosen before il becomes
valid as part of the constitution
This last paragraph refers first to the
election of certain senators and to the
term of Office for which they were elect
ed. The election to an office and the
term of that office, are two entirely diff
ferent and distinct things and these two
important incidents to the office of United
states senator are singled out by the third
paragraph of the amendment OF senators
chosen before the adoption of the sew
enteenth amendment is a matter with
drawn clearly and specifically from the
influence of the seventeenth amendment.
The election of such senators is to be
determined by the constitution as it ex-
listed prior to the seventeenth amend
ment. AS TO this, the language of the
amendment is so clear and unambguous
that there is left no room for doubt or
argument
But the amendment does not stop here.
1t places upon the same plane with the
election of certain senators their term of
office. The language that includes the
election also covers the term of office,
connected as the two are by the word
or. The election and term of office OF
certain senators are alike withdrawn from
the operation and effect of the seven-
teenth amendment The enaeting body
and term of office of certain senators,
in the same way, Joined them together,
applied the identical language to them and
provided specifically and clearly that the
amendment should not apply to either
one of them.
The language of the third paragraph
is open to no other construction and
leaves 1t beyond question that the cleo
tion of senators chosen before the adop-
tion of the amendment and the term of
office, of such senators are not affected
by the seventeenth amendment, and are
regulated precisely as they were prior TO
tn adoption of the seventeenth amnd-
mnt. In the absence of the seventeenth
amndment, the governor of the state had
the power and authority, under the con-
stitution of the United States, to fill by
appointment. a vacancy in the office of
the United States Senate, and in view
of the fact that the election of Senator
Johnston and his term of office are ex-
pressly and specifically removed from the
operation of the seventeenth amendment
and are matters regulated by the CON
sttution of the United States, unaffected
by the seventeenth amendment, it fol-
lows that Governor O'Neal had full pow
er and authority to appoint the successor
to Senator Johnston
The Birmingham age-herald., 1913-08-21

to what the judges accusers elalineu
to be arbitrary conduct, and one relal-
Ing to personal habits. The dccusa-
tlons in part are a reiteratloa OF at
tacks made on Judge Speer from tlm9
to time during his many years Of serE-
ice since his appointment to the fed-
eral bench by President Arthur.
To Hold Conference
Members of the Georgia delegation
in the House are greatly Interested in
the investigation and probably will hold
conference within the next day or
two to discuss il. One of their num-
Der, it was said tonight may he desig-
mated informally to start action in the
House by introducing a resolution.
Judge Speer will be given an oppor-
tunity to apepar, before the Judiciary
committee just as Judge Archibald was
accorded that right in the last lInpeach-
ment case.
Chairman Clayton, at the direction of
the committee, issued brief statement
after today's meeting, the burden of
which was that the department of JUS
tice had transmitted to the committee
a report bearing upon Judge Speer's
official conduct: that the committee ex-
amined only portion of the report and
exhibit and adjourned until next Fri
day to. 'as soon as possible, deter
mine what, If anything. the commit
tee should do with respect to such re-
port and papers,"
Mr.. Clayton said the committee did
not think it proper to make public any
further information at this time,
The Birmingham age-herald., 1913-08-21

Tn this day i of great competition
when wind steam, electricity anu
every elementary force of nature is pc
,no emnloyed by men in their daily
work when brain and energy have an
nibilated space and made of those ele-
vents of nature hand-servants III
,,,,,tin1ving the activities, of all vide
aualxe men, who are now making THIS
o,d world fairly hum with their rush
and nush for preferment and success
~, acheivements, only the "Dullards
and "po Nothings'' are content to SIT
sti,1 and like Elijah of old, walt for the
ravens to feed them
All the really live, alert, energetic
men of every business, trade and pro-
fession have Joined the ranks OF the
marching legions and are keeping up
with the .quick-step music oil mooerh
progress.
o,a superstitions have been vanquish-
ed by education.
old methods of farm labor have been
superseded by machinery and all the
darkening fogs of old-time fogylsms
have been dispersed by the light OF
science.
Even the old Bible has been revised
and reinterpreted and its many peau-
Ties have been magnified in this I'M
proved age in which we live,
Men no longer have to wait on old
rime with his scythe to come and cut
them down.
ANY man may now eat an apple, de-
veIop an ache, send for modern doctor
who will remove his appendix and roll
of Doodle and thus initiate him into the
mystery of the hereafter as quickly as
he could be cured with dose of castor
oil.
Almost everything has been mod
ernized and improved; even the an
cient code of medical ethics which for
bade doctors to speak evil OF other doc
tors and to advertise.
1t is, therefore, quite frequent that
we hear of some impecunious wouldbe
rival saying the harshest things about
us. endeavoring to discount our remark
able success, belittling our wonderful
equipment, and disparaging the great
publics confidence and faith In US
which our good work has so firmly es-
tablished.
But that is only their way of adver-
tising-like parasites that attach them
selves to some nobler creature in order
TO ODtdin Iolice.
However, all doctors must advertise
in some manner. and we believe they,
of right. should do so, so long as they
adhere to truth and conform to honest
honora BILE and decent methods.
But all doctors do not do this. Some
resort to joining churches. putting on
airs of great sanctification in their
church work, and by such efforts en-
deavor to exploit themselves and at
tract public notice to obtain patronage
Some join lodges. societies and secret
orders and work them with like motives
Some employ runners whose bust
ness 1t is 20 go out upon the highways
and byways ana canvas for patients.
Others write articles tor medical
journals exploiting some real or i'm
aginary scientific achievement Of their
own doing and then obtain, by purchase
from the publisher, thousands of copies
OF such journal or excerpts from the
same which they proceed to distri-
The Birmingham age-herald., 1913-08-21
DIGGS FOUND GUILTY
OF VIOLATING MANN
WHITE SLAVE LAW
CONTINUED From page one,


.--~~~-~-~-~~~-~N~~-~~>>~~
of any sort when the expected blow
fell.
The case won national notoriety when
United States Attorney John l.. McNab
resigned, charging that the trial had
been delayed by political influence and
made public hiseresignation in an open
letter to President Wilson.
F. Drew Caminetti, co-defendant with
Diggs, will be placed on trial before Judge
Van Fleet in the United States district
court tomorrow morning.
Took Nine Ballots
Nine ballots We're taken by the jury
and from the first the jurors were
unanimous on the four counts. but on
the fifth charging the defendant with
persuading. advising and inducing Mar
sha Warrington to go from Sacramento
The Birmingham age-herald., 1913-08-21
Further Argument in Favor
of Appointment Sub
mitted as Brief
O'NEAL THINKS BRIEF
CLEAR AND CONCISE
MIntyre Declares Language of Sd
Paragraph of 18th Amendment is
Open to No Other Con-
struction

Montgomery, August 2O.-(Special)
Further argument in favor of the APP
pointment of Representative Henry d.
Clayton as the successor to Senator
Joseph r. Johnston has been submitted
to Governor O'Neal by C. P. Mcintyre,
a member of the city. commission of
Montgomery. in the shape of short
brief covering his Interpretation of the
seventeenth amendment
Commissioner Mcintyre is considered
one of the ab1est constitutional law
yers of the city. and the governor
thirks his brief on the seventeenth
amendment remarkably clear and con-
else.
Commissioner Mcintyre declares that
the language of the third paragraph of
the seventeenth amendment ,'1s open
to no other construction and leaves it
beyond question that the election Of
senator's chosen before the adoption of
the amendment and the term of office
of such senators are not affected by
the seventeenth amendment, and are
regularly precisely as they were prior
to the adoption of the seventeenth
amendment"
Mr.. Mcintyre declares that the third
of certain senators and to the term of
office for which they We're elected, the
two being entirely distinct things. He
asserts that senators chosen before the
adoptinon of the seventeenth amend
ment is matter withdrawn clearly and
specifically from the influence of that
amendment.
M'Intyre's Argument
The argument of Commissioner Nc
Intyre in fun follows:
''At the time of the election of Sem
ator Johnston and when he entered
upon his term of office the constitu-
tion of the United States provided that
a vacancy occurring in the office of
United States senator should be filled
by temporary appointment of the gov
. ernor until the next meeting of the
legislature. Before Senator Johnston's
term of office expired the constitu-
tion of the United States was amended
making the office of senator elective
by the people and providing for va
vances as follows:
"'When vacancies happen in the rep
resentation of any state in the Senate
the executive authority of the state
shall issue writs of election to fill such
vacancies; provided, that the legisa-
ture of any state may empower the eX-
eVutive thereof to make temporary ap-
pointments until the people fill the
vacancies by election as the legislature
may direct
There was added to this amendment
third paragraph which stated that:
This amendment shall not be so con-
The Birmingham age-herald., 1913-08-21
RAW WOOL FIGHT
is NEXT IN LINE
CONTINUED from Page One,

CONTINUED from Page One)
------------~>~------~~-
and the committee also agreed to re-
consider the paragraph together with that
relating to table damasks.
Some reeIassifeations may be agreed
to later on. Final disposition of the cot
ton rates will not be made without an
other discussion, because Senator LaFo1-
The Birmingham age-herald., 1913-08-21

contingent fee. with full knowledge
that his decision would affect the fee
of his son-in-law.
That he was guilty of imposing un-
lawful punishments for contempt in
cases coming before his court.
That he ignored the mandates of the
circuit courts of appeals and of the
supreme court of the United States in
certain cases.
That he was absent from his district
when he should have been attending to
his duties In court
That, contrary to law. he tried cases
outside of his district.
There were other charges relating
The Birmingham age-herald., 1913-08-21
Arrested on Murder Charge

Francis M. Frazier, negro, was arr
rested yesterday by Detectives Warren
and Darnell on the charge of murder. 1t
is alleged that Frazier killed another ne
gro in Coffee county some months ago.
A deputy sheriff from Coffee county IS
expected this morning to take Frazier
back for trial.
The Birmingham age-herald., 1913-08-21

lette gave notice that he would submit
substitute for the entire schedule when
the bill came from the committee of
the whole.
Senator McCumber of North Dakota Wig
orously opposed the free listing of flax
and hemp as deereed by the Senate
finance committee.
He asked the democrats why they had
retained protection on the products of the
flax mills and given free materials to
the factories.
1--WE have chosen to put all raw textiles
on the free list said Williams. This
is to enable us to make greater reduc-
tions in the tariffs on finished products
than we could have done by pursuing
different methods
The Birmingham age-herald., 1913-08-21
PRESIDENT HUERTA
TELLS WILSON WHY
HE is ENTITLED TO BE
RECOGNIZED BY II. S.
Continued From Page one,


any circumstances. From these con-
siderations is is not likely that Mr..
Linds informal parleys with the IIuerta
officials will continue long.
He Will remain in Mexico City indefi-
nitely, however. as adviser to the Amer
lean embassy. which is without IN am
bassador. lie Will continue to make re-
ports on the situation to President Will
son and retain, so far as possible, cor
dial relations with the de facto gov
ernment for the purpose of obtaining
proper protection to American interests.
Advices that the Huerta government
is seriously handicapped by lack OF
funds, that there is little money with
which to pay troops and news cf con-
stitutionalists victories. strengthen the
belief in official circles hers that a
settlement of the revolution will be
accomplished by the constitutonalists
within short period.
The Birmingham age-herald., 1913-08-21
Wilson's Proposals

Mexico City, August 20.-The pro-
posals of the Washington government
which Mexico rejected in toto We're:
First-Complete cessa ation of hos
tilities. Second-that President Huerta
resign in favor of a president ad in
terim. Third-The fixing of an early
date for presidential elections. Fourth
That General Huerta should not be a
candidate for the presidency.
An additional feature of the Sjnerican
note was the request for a reply to the
question as to what, in the opinion OF
The Birmingham age-herald., 1913-08-21

reported to the officers that preparations
were being made to lynch the negroes the
moment the deputies appeared in Besse-
mer with their quarry.
Deputies Smithson and Parker who
have been through two lynehings, had
no thought of surrendering their pris-
oners. and after C. L. Hodge had come
to Yolande and identified Richardson as
one of the negroes who held him up and
shot him, the deputies hired an automobile
and made for the woods. They stated
that they were going to Tuscaloosa.
Deputies Parker and Smithson stated
this morning that they travelled about 60
miles cross-eoutnry to get into Birming
ham without going through Bessemer
They said that they feared If they had
gone to Tuscaloosa and returned by train
that mob in Bessemer would have pulled
them off the train in passing Bessemer
and lynched the two negroes.
Both of the deputies stated that the ne
gree were qua<ing with fear until they
were placed under lock and key at the
county jail. Parker and Smithson also
stated that Sheriff McAdory had spared
neither time nor expense in trying to cap
ture these two negroes.
From Bessemer last night messages
were received telling of the excitement
that prevailed in that city. 1t was stated
that the deputy sheriffs were expected
with their prisoners and a lynching was
feared
The Birmingham age-herald., 1913-08-21
Marshall Temporary Desk Sergeant

c. V. L. Marshall was appointed desk
sergeant of police last night by Chief Bo-
deker to take the place of John Evans.
who has gone to Camp Perry, Ohio, to
participate in the national rifle shoot. Mr..
Marshal's appointment is only temporary
until Lieutenant John Evans returns with
fresh laurels
The Birmingham age-herald., 1913-08-21

Edwin o in IN
or a beaches
of freak
slit which objection
York o
Chicago
The Birmingham age-herald., 1913-08-21

fendant and his companion, Caminetti,
were actuated in their departure or flight
from Sacramento by fear of exposure or
arrest, but that, nevertheless in. taking
these two girls along there existed the
intention to subject them to the immoral
purpose charged, the defendant is guilty.
'If that immoral purpose was one factor
in inducing him to leave Sacramento and
take these girls with him. 1t matters not
that he may also have been actuated by
fears or other considerations moving him
to take that trip. He would, nevertheless,
be guilty"
The defense took exception to the charge
In general and to specific instructions.
After being out three hours and five
minutes, the jury returned to ask the
court what form the verdict should take
il they were agreed on some of the counts
in the indictment and not on the Others
Judge Van Fleet instructed them to
make their finding on those counts as
to which they were agreed. A verdict OF
guilty on any one count. he said. would
be verdict of guilty of violating the
statute, and would carry the penalty inn
posed by the statute.
The Birmingham age-herald., 1913-08-21
TWO NEGROES ARRESTED
FOR FITZGERALD MURDER
Fearing Violence Bessemer Deputies Bring Prisoners Here
After Long Detour-One Identified by Hodge as Man
Who Held Him Up and Shot Him

Quillus Richardson and Aaron Stanton,
negroes. were placed in the county jail
this morning at o'clock by Deputy
Sheriffs NJ. F. Parker and ]. N. Smith
son. on the double charge of murder and
highway robbery. The two negroes are
said to be the ones who killed W. b. Fitz-
gerald, a farmer near Bessemer. on sun
day morning and the assailants of C. l..
Hodge, a collector for the e. L. Huey
Furniture company of Bessemer, who was
robbed and shot Tuesday morning near
Bessemer.
The capture of the negroes came after a
tireless search on the part of the sheriff ;
office at Besscmer to apprehend the mur-
derers of Mr. Fitzgerald and the assail-
ants of Mr.. Hodge Deputies Parker and
Srnithson had been on the move through
out Jefferson and adjoining counties ever
since o clock last Sunday morning and
after placing both negroes in Jail this
morning sank down in complete exhaus
tion.
Richardson and Stanton were caught
yesterday afternoon about . o'clock in
front of the commissary at Yolande. in
Tuscaloosa county, and the news was i'm
mediately communicated TO Bessemer
where 1t caused much excitement. 1t was
The Birmingham age-herald., 1913-08-21
Why Duels Are Harmless

A large proportions of the duels in
France end without bloodshed. When the
offence is not very serious 1t is agreed
beforehand that the words of command
shall be given so rapidly that the duel
lists will not have time to take good aim,
says Tit-Bits. Sometimes three shots are
exchanged without a hit, and then the
seconds step in and-"honor is satisfied
At the word "Firet' the pistol Is raised
instantly, and it must be discharged not
later than the word three" so the speed
with which these words are given reg
ulates the time in which II is possible
to take aim. Therefore the speed with
which they are spoken is agreed upon
beforehand, this depending upon the Sc
riousness of the duel. The words are
timed with a metronome. If the encoun-
ter be very serious this is set at the slow
est speed. so beats a minute which gives
time for taking accurate aim A speed of
140 beats a minute allows no time for
aiming, and therefore is used when the
seconds consider the duel should be made
as little dangerous as possible.
Advance Information
From the Baltimore American.
Young man, we need brain in oud
business"
II know you do. That is why am look
ing for job here"
The Birmingham age-herald., 1913-08-21
SERIOUS CHARGES
ARE MADE AGAINST
JUDGE EMORY SPEER

CONTINUED from Page one)
The Birmingham age-herald., 1913-08-21

IF you find these girls We're taken to
Reno by the defendant in the manner
charged. then the only question remain
ing is as to the intent with which they
We're so taken. There is a homely adagc
that actions speak louder than words,
and the truth of this is quite as
applicable to judicial inquiries as in the
ordinary affairs of life.
And even if you find that the de-
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16
A White Mans Country.

Not very many counties in the
Missouri and Mississippi valleys can
lay claim to the distinction Worth
county, Missouri, enjoys. The ne
gro is a dominant factor almost
everywhere, but in Worth county
he is absolutely without representa-
ton While Worth does not lay
claim to be a lilly white county"
yet it does claim to be a white
mans county. There isn't a negro
in the county adult or minor, The
negro is all right in his place but
Worth county isn't his place
Worth County Times.
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16

Get the Tank Heater Put In Order.
There is one article that will need
to be put in order soon and that is
the tank heater. If we are going to
be little short on corn, it will pay
to get every pound of growth out
of the stock that is possible. Hence
it will not pay to allow them to
find an icy tank to drink from, says
j. o. Shroyer in the Nebraska Farm
Journal. Every authority and
every farmer who has watched a
cow fill up on ice water, knows that
as she sbivers back to the feed
rack or shed, it will take more hay
or fodder to replace the heat driven
from her body by the cold inside
application.
Keep the COW, horse or hog warm
by good shedding and warm water
and more feed will 60 into growth
and less be expended on heating
the system.
We believe no more economical
labor can be performed than that
of firing up a tank heating two or
three times ID day during cold
weather
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16
Speed and Money.

Your dad used to drive yoke
of steers and linchpin wagon; you
drove a pair of roadsters hitched to
a top buggy; your son drives six
cylinder, 40-horse power automo-
bile. The steers ate buffalo grass
and made three miles an hour; the
roadsters ate Is cent corn and four
dollar prairie hay and made nine
miles an hour; the motor eats 20
cent gasoline and makes twenty-five
miles an hour. More speed costs
more money Craig Leader.
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16
S. 7. POLLARD,
Local Representative of
Hannibal COurier.POSt
Monroe City, Mo.
A Boys First Room.
Monroe City, Mo.

I've got a room, now, by myself,
A room my very own.
1t has a door that | can shut,
And be there all alone;
1t has shelf, closet, too.
And window just for me;
And hooks where | can keep my
clothes
AS neat as neat can be.
A lovely papers on the wall,
A rug is on the floor
If had known how fine it was
I'd had a room before.
| like to 90 there after school,
way off from every one;
| felt-well, sort of scared at first,
But now think it's fun.
The voices of the folks downstairs
Seem faint and far away;
| hear the rain upon the roof,
watch the birds at play.
0, yes, It's often very still,
At night there's not a sound
But let mother in, of course,
When bedtime comes around
Youths Companion.
Davenport & Mahan make Farm
Loans on best terms IF
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16
Must Not be Bad Doctrine.

A Democratic banking and cur
rency bill which, in addition to re-
ceiving practically the full strengt b
of the party in the house. can also
command the support of twenty
four republicans and all but two of
the progressives, must not be such
aEbad measure after all - Clinton
County Democrat.
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16
The Only Way to Get Jobs,

All the proposals from Republi-
cans about an alliance with the
Progressives are basedsson the as
sumption that that is the only way
to get the jobs. An Alliance for
spoils" would be a fine battle cry
wouldn't it. Kansas City Times.
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16
The Brand of RefOrmI

It's called reform wave when
a New York Republican convention
puts Billy Barnes into discard, re-
CARELESS of the fact that it leaves
Elihu Root in the saddle. Inasmuch
as the chanss proposed is the cut
ting down Of the representation Of
democratic states in republican con-
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16
Missouri Still in the Lead.

Missouri takes the lead in the ag-
itation for practical system of ma
tional aid for good roads, which is
as it should be, for this state has
made some excellent roads out of
very unpromising road MATERIAL
Linneus Bulletin.
Monroe City Democrat. (Monroe City, Mo.) 1888-1919, 1913-10-16

A farmer living near Louisiana
brought in two beautiful pears.
each weighing a pound and a quar-
ter and showed them to F. M. Min
OF and ]. M. Word of the Twice-a-
week Times. And then, instead of
giving the %spears to the hungry
brain workers, he put 'em in his
pocket and announced he was going
to exhibit them at the state fair
ST. Joseph Observer.