davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-03-01
Elaborate Denials of All
Allegations of Contempt
of Court Made by
Each
|POSTPONEMENT is
EXPECTED WHEN CASE
COMES UP MONDAY
GrOcers Say List Published in Decem-
Der, 1911, and August, 1912, Was
Merely Trade Directory-NO
Similarity Between Case
and Previous One

| Answers from 81 out of 50 defendants
in the contempt case of the United States
VS.. thN Southern Wholesale Grocers' as
ISOLATION were received yesterday in the
offices of the clerk Of the federal court
here. They came from several southern
states and are a formal step in the proce-
dure of the case, which is set for trial
before United States Judge William l..
Grubb next Monday
The answers are practically the same
in each instance. all being an elaborate
denial of the allegations of the petition
of the government charging that the as
sociation and some so of its members
stand in contempt of court because of
violation of decree made by the court
III a former case against the same de-
fendant The answer of President Joseph
a. McLaurin of the association is among
those which have not yet been received.
No Similarity in Cases
Hinton Claybaugh, special agent of the
government in this case, who is here
now working on it, brought out a new
feature of the case yesterday when he
mentioned that there was absolutely no
similarity between this case and ~the pre-
vious one against the same association.
The first trial was for civil offense al
leging violation of the Sherman anti
trust law and this case. as Mr.. Claybaugh
stated yesterday, is for an alleged crimi-
nal offense.
Mr.. Claybaugh has practically complet-
ed going through the hundreds of letters
which he has accumulated as evidence
in the case, and is about ready for the
trial. 1t is expected that merely formal
preliminary arguments of attorneys for
the defense will be heard when the case
is called Monday and that the real trial
will be set for later date, when the
defendants in the case will be present
II. person.
In the answers filed yesterday the de-
PENDANTS admit the existence of the al
legged green book" as set out in the
petition, but they deny that this green
book as it exists was held by the former
decree to be of the character alleged in
the petition of the government. They
admit the injunction granted in the for
mer case prohibiting the publication of
a list of the wholesale grocers in the
territory covered by the association with
the idea in view of regulating the trade
and prices of these concerns, but they
deny that they have violated such de-
cree.
State List Was Trade Directory
The defendants in their answer set out
that the list published in December, 1911,
and August, 1912, and used by the men,
bers of the association, is merely a trade
directory of the grocery concerns of the
southern states; that it contains about 1900
400 are members of the association or have
agreed to act in harmony with it, and
The Birmingham age-herald., 1913-03-01
Judgment Rendered in Land Case

In less than 10 minutes dellberatIon the
jury in the case of Mrs. Daisy Clisby vs.
" c. Clisby returned verdict for the
plaintiff in the second division Of the cir
cult court, Judge c. B. Smith presiding.
The suit was based on the possession OF
certain piece of property located on
rwaiftn avenue and Twenty-frst street
TO which the plaintiff claimed ownership
uy sheriff sale % satisfy Judgment
hich had been rendered IN her favor. J.
L. prennen represented the plaintiff
The Birmingham age-herald., 1913-03-01
CORPORATION RETURNS
One Thousand Received Yesterday
Many Are Delinquent

Something like 1000 returns from cor
poratipns in the Alabama Mississippi in
ternaU Revenue district were received yes
terday, giving the required data under the
corporation tax law. The time limit ex-
pires today.
Collector of Internal Revenue S. r.
Wright said yesterday that it now looked
as if from 1000 to 1900 woul dbe delinquen,
and thereby subject to a fine OF from
$4,000 to 100000. There are something
like 25.Ooo reports in all to be received from
this district.
The Birmingham age-herald., 1913-03-01


here in the past 10 years, but Miss
Lerner is one of the few WHO has
played, Mr.. Holcombe said yesterday
that he had never known such eager
interest in a piano recital as has been
manifested this week in Tina Lerner.
There has been rush at the theatre
box office caused bS season ticket
holders securing reserved seats and by
those who are not ticket holders buy
ing single tickets
Leopold Godowsky. recognized as one
The Birmingham age-herald., 1913-03-01

DENIES CHARGES OF
SEAL SITUATION

Washington. February 3.-H. II. -.
Pierce. former third assistant secretary
of state. filed today with the eommittee
on expenditures in the department of com.
merce and labor a general denial of ths
charges contained in the committees rel
cent report on the fur seal situation iR
which he was charged with having pressed
an Illegal claim against Russia at The
Hague i'm the case of the sealing vessel
james Hamilton Lewis
The Birmingham age-herald., 1913-03-01
STATE ENCAMPMENT
OF G.. A. II. MARCH 81

The twenty y-Iifth annual eneampment of
the department of Alabama, Grand Army
OF the Republic. will be held In Birming-
ham March 81, and orders have been is
sued by w. H. Brooks, department COM
mander making arrangements for the en-
campment. Judge Alfred Beers of Bridge
port, Conn, commander-in- chief of the
order will be present and will address
the veterans.
The Birmingham age-herald., 1913-03-01
MUCH INTEREST
IN GREAT P|AN|STS
Tina Lerner Sunday and
Leopold Godowsky Tues
day Night

Tina Lerner, the young Russian
pianist, who has been in great vogue
in Europe and this country for the
past two or three years, will make her
first Birmingham appearance tomorrow
afternoon at $3.50 o'clock at the Jeffer-
son theatre. She comes under the local
direction of the Sunday concert com
mittee of which ], H.. Holcombe is
treasurer and manager.
Many fine virtuosos have been heard
The Birmingham age-herald., 1913-03-01
Real Estate Transfers

Deeds were placed on record yester-
day showing the following transfers of
real estate. the consideration being $1,000
or more;e
! s9000--J. d. Haggard to Mrs. Edna Sib-
ley, part of lot in block IA, according
to the survey of the city of Birming-
ham.
lot 8 in block 176. according to the sur
vey of the Bessemer Land and Improve
nlent company.
sl550-Hugh Franklin to C. T. Lehman,
a parcel of land in section 81, township
II. range 1 west.
s3200-The Bessemer Coal Iron and Land
company to Jake Rosenbaum, ct al. lots
2, s, and 10, in block 20, in Bessemer.
The Birmingham age-herald., 1913-03-01
SOUTHERN IRON AND STEEL co.
DRYER Files Application of Creditors
for Review of Confirmation of Sale

Late yesterday afternoon Referee in
Bankruptcy Edmund Fl. Dryer, filed tic
application for review of the confirma-
tion of the sale OF the Southern Iron and
Steel company. which has been applied
for By some Of the unsecured creditors.
Judge Grubb will now set date for the
review and Will decide as to whether or
not the sale or the properties of the bank
rupt concern is to be confirmed OF. not or
whether or net 1t should be modified IN
some particulars.
The Birmingham age-herald., 1913-03-01
Marshal's Office Busy

The offices OF the United States mar
sthall was busy yesterday preparing a
large batch OF subpoenas summoning
witnesses 70 appear before the federal
grand Jury which convenes MondaS.
The Birmingham age-herald., 1913-03-01
Decorations Committee Meets

lach committee Of the Chamber of Com
merce' Louis Pizitz chairman. met yester-
day afternoon and discussed the street
decorations to be used during the festival.
BIDS are now being received from dec
Grating firms.
The Birmingham age-herald., 1913-03-01
LEOPOLD GODOWSkY
Will Give Piano Recital at the JEFF
ferson Next Tuesday Night
Observation-Disclosures.

Of the greatest artists of the world,
will give a piano recital at the Jeffer-
son theatre next Tuesday night under
the auspices of Miss Edgell Adams. the
well known pianist and teacher. who,
by. the way. was a pupil of this cele-
brated virtuoso. There hats been a
large demand for tickets for Godowsl y
and it has been encouraging TO The
The Birmingham age-herald., 1913-03-01
PLAN FOR
BUDGET COMMITTEE

Washington, February 8.-A plan for
creation of budget committee, to con-
centrate i'm one committee jurisdiction
over all appropriation bills, was adyo-
Gated in the House today by Representa-
tive Sherley OF Kentucky He proposed
a committee of 26 members.
Mr.. Sherley declared the situation now
confronting the House with a big increase
in appropriations over the last Congress
now In prospect was intolerabie and that
the time had come for action.
The Birmingham age-herald., 1913-03-01

management to receive many orders
from out-of-town musk lovers.
Godowskys programme will be as
follows:
Senate Op. 81 tE nau, Beethoven
Les Adieux L.absenee. lie Retour.
Two songs without words CMendeIs-
sohn).
Variations on a theme By Paganini
III book) (Brahms1
Renaissance tGodoWSSy1.
Pastorale CAngelus) tcorelli). Tam
bourin tRameau). Nj Musette EN- rondeau
tRameaD. lie caquet esandriewp
Clique Uoeillyb.
Senate Op. SO CB miner9 fChopin).
Allegro naestoso, scherzo, Largo.
Finale.
Au Bord dune Source Liszt}
Concert Study tF mtnor) U.iszD.
symphony metamorphoscs Of Kun
IstlerlehcnN by Strauss tGodo~skyl.
The Birmingham age-herald., 1913-03-01
Marriage Licenses

The following marriage licenses were
issued yesterday:
Olliens Hardin of Mulga to Miss Ida
Hicks.
Frank X. Brown of Knoxville to Miss
Auline Dody.
The Birmingham age-herald., 1913-03-01
MIR. WEATHERLY VOTED
AGAINST THE ORDINANCE

At the expense of being termed by the
''ultra-progr essives,'' unprogresslve and
reactionary, the majority of the members
of the commission, by adopting amend
ments to the Weatherly smoke ordinance,
put the last nail in the littles coffin Of
the document which has proved source
of such Irritation to the manufacturers of
Birmingham.
There is now in existence smoke ordi-
nance. 1t denies the plants of manu-
facturers to emit smoke save for half an
The Birmingham age-herald., 1913-03-01

denies that the book was published for
any purpose enjoined by the injunction
granted in the former case.
The defendants set out in their answers
that the Introduction of the book in ques-
tioh expressly states that no recommends
tion nor guarantee can be given nor I'M
piled with the names of the concerns
which appear within, and further that the
absence of any concerns name does not
mean that it is not competent, legitimate
and honest concern, nor that no business
shall be done with it. They state that
the furnishing of the list to any whole
sale grocery firm did not mean in any
direct nor implied way that that concern
was not to deal with any firm except
whose names were in the book. They fur
ther state that they know nothing about
tho alleged letters written by President j.
H. McLaurin of the association.
They state that the allegations contained
in the petition in regard to alleged price
regulation among the members of the
association are not specific enough to per-
nit an answer but that as the court re-
uuires some kind of an answer they en-
ter complete denial of all such allega-
tons and insist on the motion previously
filed by them asking that the petitioner
be more specific in these charges. They
deny they have aided or abetted or have
acted directly in coercing or compelling
any producer or manufacturer to market
his product through any medium or whole
sale concern or set of wholesale con-
cerpz, or that they have given manufac
twers to understand that they will cease
patronizing him if he does not market his
product through certain mediums.
No Intent to DisObey Decree
They alleged that the United States by
it's counsel in the former case did assent
to the publication of this book as it now
is published, and which has been called
the green book" and they deny any in
tent or purpose to disobey the decree
which was rendered against the publica-
ton of a book containing the names of the
members of the association alone. They
assert that ''as the United States failed in
its former case based on these same
grounds that the allegation of CON
tempt of court in this proceedings is res
adjudicata against the United States and
has been waived" They then assert that
the allegation contained in the petition to
the effect that efforts were made and
methods used to delay and prohibit the
reduction of prices is too vague to answer,
and insist on their motion that the gov
ernment be more specific and file more
particulars in this regard.
The answers are all filed by the same
attorneys. Luke II. Wright Carruthers
Ewing Walker Percy and c. NJ Cooper.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

>. That the words controlled by him.
sufficiently chaluctcrles the necessary
proprietary interest of the lessor In the
premises leased.
e. mat the statute defines the com
mission Of tho crime by persons other
than those having the interest of owner
or agent in the premises lSascd. and that
the doctrine of ejusdem gencries does not
apply to limit the persons who moy vio-
late the statute of those having only the
interest of an OWNER or agent in inc
leased premises SO permitted l." be UNI
lawfully used.
1. Chapter l93 Of the Session Laws OF
1907 was enacted to Supolcmra. A.:;.'m
?373 of the Revised Codes IF api hnt
the term "controllcd By him." ti'at
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

would be sufficient under that section to
charge the interest required OF . nuisance
keeper, is sufficient to charge the prop
crty interest of Il lessor to an alleged
nuisance keeper.
5. The statute is constitutional. the
title sufficiently covering the subject
matter of the enactment.
(Syllabus by the CourtD
An appeal from the district court OF
Morton county, Crawford, Special J.
Reversed and case renamed.
Opinion by GoSS, j..
Andrew Miller, attorney general, t..
c. Hcffron. Alfred Zugcr and G, l..
Young, Assistant Attorneys General, for
appellant, y
B. w. Shuwsof Mandan, for respondent.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30
LARGEST OF LABOR UNIONS.
Especial to the rribunel

LONDON, March 29.-The National
Union Of Railwaymen, which came in.
to existence today through the merger
of the Amalgamated Society of Rail-
way Servants, the United Pointsen
and Signalmen's Society and the Gen.
eral Railway Workers Union, is the
largest labor union n the United
Kingdom, and probably the largest in
the world, its membership being 1885,
900 and its resources $2,23O,O0O. The
amalgamation of the several societies
into one, organization is the first in
stance of any trade unon adopting the
syndicalist idea Of a union covering ali
sections of an industry, in preference
to the old system of organization by
craft or trade. The principal object
of course, is to make it possible for the
new society to call out practically ey-
cry person In the employment of rail-
way companies in the event Of a
strike.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30
Strictly Cash
With Order
AGENTS WANTED.

GET THE SELLING AGENCY OF
Our. famous Quikwork Vacuum
Cleaner. Don't be trailing with a
poor machine. Get the Fest. Our
agents now making from $50 to $3.50
per week. Our machine, under test,
has proven the best, regardless Of
what others claim. Right to carry
around. Strong suction. Easy to
run. Sells for S.. Big profits.
housekeeping season is here. Get
busy. OiNeill-James Company, S37
w. Madison St., Chicago, III.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30
statesmen WANTED.

WANTEO-Salesmen, to sell New Ed
ucational Specially to boards OF cd
ucation. Liberal proposition. EN-
elusive territory. No competition.
Union School Furnishing Co., 1854
w. Van Buren, ST., Chicago, Ill.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

FOR SAlE-S-room house; so foot
lot; east front; nice trees and lawn,
on 9th street, near Ave. B. Can be
arranged in 2 fats Of 4 rooms each.
Bath; fcrnace; electric light; $3.50.
+. II. Young,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

Tyrone Powers starring tour in
Julius Caesar" is 20 open shortly ut
Halifax, Nova Scotia.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

FOR SALE-Four 10 house; Two
lots with good we'll. Address Box
2O5, City. .H,t s.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

WANTED-Young man with horse.
Will give necessary training and
pay well for results. Sales expert
ence valuable, but not a condition.
f For detail. write p. 0. Box 437, City,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30
CENTRAL ILLINOIS TEACHERS.
Especial to the Tribune)

SPRINGFIELD, ILL.,, March 2S.-The
Central Illinois Teachers Association,
one of the Oldest and most influential
organization of its kind in this part
of the country, began its annual con
vention in Springfield today with a
large and representative attendance.
The programme extends over two days
and provides for addresses by Govern
or Dunno Of Illinois, former Governor
Hadley Of Missouri, President George
p. Vincent Of the University of Min
nesota, Prof. w. c. Bagley of the Uni
versity Of Illinois, and Francis G. Blair
Illinois superintendent of public n
structon.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

FOR SALE-6 room modern cottage,
well located. Address 81, care Trih-
tune.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

FOR RENTING Tully farm, N. w.
2S-139-79, about 5 miles n. e. OF
Bismarck. Apply 1902 Broadway.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

A stock company in Milwaukee re
Gently revived J.. A. Herle's famous
play, Hearts of Oak.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

WANTED-A few small horses Or pc.
MES, for riding or driving. Prices
must be right. Address City p. O..
Box 437. CITY.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

FOR SALE-First.class barber shop.
Only shop in town OF 1000 popula.
ton. Good business. Will sci!
cheap for cash. H. R. Graham, Ash
low NJ n
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

FOR sALE-Building, 24X4S, good
light, cistern, best pool tables. Ev.
erything inside but the stock for
$1,000 cash. Good town, doing good
business. Chas. Lesmith, Regain, N.
a IN k-rs@r tt@-~ "*.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

WANrED-Energetic young solicitor,
who believes in his ability to sell.
Good pay and permanent job with
old established firm. Address Box
437. bismarck. N. d,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30
MISCELLANEOUS.

FOR SALE-New piano. Apply 209
Second st.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

SAVE HALE The cost OF want ads BY
paying IN advance. When billed and
collected the rate is double.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

WANTED-Janitor; for the Presbyte-
rian' church. Inquire at S. Z. Berg.
eson & Sons store.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

Fun
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

WANTED-TWo men to work on
ranch. See Francis Jasykowiak, AL
Twelfth St., or August Benz, Moffet,
N Oak -G
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

YOUNG MAN WANTEO-TO work IN
clothing store in city. Experience
not absolutely necessary. German
preferred. Good chance for the
right party. Apply at once, 20 Trib-
mo ...
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

AUCTIoN--April 4, 1913, 2 miles
south of Regain, N. D., one pure
bred Belgian stallion, 20 head of
horses and farm machinery. S. B.
IT. 01coO E
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

oG.r w~w.eX-aA.e.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-30

NEUTRALITY-SUSPICIOUS., girl or boy, at
. the Western qnion.
WANTgD-TSilway mail clerks. Ex-
animation May 3. 5000 to $500
yearly. l conducted Government ex-
aminations. Can help you pass.
Trial lesson free. Write Ozment.
AZ d. St. Louis. Mo.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-29

$50: same premises Same owner,
with Blechschmidt x Chantillon, con-
tractors. mason work $500; same
premises. Same, owner. with Edward
C. Wolff, of Irvington. contractor,
carpenter work, SLIGO; same premises.
Henry Stefan, owner. with Louis
Huttenbach,, of lrvington. contractor.
general work, $3.50; 954 South Grove
street Irvington.
Theobold Herman. owner. with
penter work. $5.4SS: 471-73 South
Twenty first street, Irvington.
William Funke, of Irvington, ow-
ner, with Louis Huttenbach, of Irv-
ington, contractor. general work
S4.150; 95S South Grove street, Irv-
ington.
William Boyle, of Montclair, owner
with Peterson & Benson, of Montclair,
contractors, carpenter work and cop
per work, 1850; Grand View ave-
nue., Verona. Same owner. with
Charles p. Sigler, of Montclair, con-
tractor, mason and plastering, $4,000;
same premises.
Budal Realty Co, Inc, owners. with
*. W. Dalzell & Co., Inc. of South
Orange, contractors, general work,
$4,000 Burnett street, Maplewood.
The Board of Trustees of the First
Baptist Church. of South Orange.
owners, with Albert j. Long. of South
Orange, contractor, electric wiring,
500: valley and Second streets. South
Orange. Same owners, with David ].
Smith, contractor, installation of
steam heating plant, s526; same
premises