davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-07-25
Must Offer Other Evidence

Proof of the value of the property de-
voted to public intrastate use is only one
step, and not the most difficult one, in the
case To sustain its contention, the plain
tiff must offer evidence to show the cost
of the intrastate and interstate traffic
The cost of freight and passenger traffic
must then be separated Any desired re-
suit may be proved by figures if the one
making them is permitted to arbitrarily
select the predicate upon which to base
his calculations. When the division of the
expenses is based chiefly ON opinion or on
limited investigation made with the view
OF obtaining desired results to be used in
pending litigation We should hesitate 70
hold it convincing within the rules re-
quiring strict proof Of conflscatfon.
The extreme difficulty and intricaey
of making the calculations and proof
would indicate the necessity of a system
of account keeping on which to base them,
but the difficulties do not relieve the plain
tiff of the burden. The method used by
the plaintiff to ascertain the per cent to
be applied to freight haulage and pas
senger hanlage expenses is the result of
a test made during one week in Septem-
ber, 1907 to ascertain the relative train
cost of an interstate ton-mile and an in
trastate ton-mile, and the relative train
cost of an interstate passenger mile and
an intrastate passenger Men rode
on the PLAINTIFFS trains in Alabama for
that week and gathered data. From in
formation so obtained and from conduc-
tors reports, it was ascertained what busi-
ness was DONE interstate and intrastate
during that week. With respect to pas
senger traffic during that week, the num-
The Birmingham age-herald., 1913-07-25

netted with modern macadamized high
ways.
Considerable discussion has arisen
between the people of oxford and An
historians recently over the proposed
construction of two new roads To the
south of Admission to connect with
roads that have been built in that city.
The people of oxford object TO the
building of this road on the ground
that IL might have tendency to divert
trade from that place. The city of
oxford has been put to a large eX-
pense in laying a new system OF sew
ers cement sidewalks and In making
other improvements recently, and it Is
said that Objectionable streets within
the citys limits viii be given atten-
ton as soon as this work is COM
pleted, some thoroughfares having been
damaged thereby
The Birmingham age-herald., 1913-07-25
Mcclellan Is DISCHARGED

Admission, July tSpecia1)-S Sam Nc
Clellan, who was found together with
several others, around tub of beer in
an open field in the northern part of
the city several days ago by the Annis-
ton police, and arrested on a charge of
violating the prohibition law was ad-
judged not guilty by Recorder Green
Thursday, his case having been continued
from Monday
The Birmingham age-herald., 1913-07-25
Sayre Offered Job

New York, July 24.-Francis B. Sayer,
fiance of Miss Jessie Wilson. the Presl-
dents daughter. said that he had been
offered the position of secretary TO Presi-
ment Garfield of Williams college, but
had not decided whether he would ac-
cept or not.
Mr. Sayer said that he liked his work
in the district attorneys office.
The Birmingham age-herald., 1913-07-25
CALHOUN COMMISSIONERS
AUTHORIZE ANOTHER NEW ROAD

Admission, July 24.--t Special An
other new road was authorized by the
board of Calhoun county road and rev
enue commissioners Wednesday to con-
meet the Jacksonville pike road with
the improved part of the road to
Weaver, a town to the north of An
niston.
This makes the second road award
by the commissioners this month"; a
state aid road having just been au-
thorized TO be built out of Piedmont
toward Jacksonville southwark
Despite the frequent rains in this
county Goodrich and Crinkley have
made good progress on the new Choc-
'coloeeo valley road and by gradual
extensions the entire county is heing.
The Birmingham age-herald., 1913-07-25
Killed in Auto Accident

Iowa city, Ia, July "a Miss Mary
Heinsman, is, Of Metamora, ILL.,. was
killed; DR.. c. B. Heinsman, her father,
was seriously injured, and Mrs; Helms
mans arm was broken today when their
car overturned near Calcon, while en-
rnnte from Iowa city to pes Moines
Mrs Ed schlitz Of Grinnell was also in
jured.
The Birmingham age-herald., 1913-07-25
TEXAS LEAGUE

At San Antonio; San Antonio 4, Dal-
las o.
At Beaumont: Beaumont 6, Waco 2.
At Galveston: Galveston 2, Austin g.
AT Houston: Houston 4, Fort Worth 8
The Birmingham age-herald., 1913-07-25
Trials for Race Begin

Marblehead, Mass, July 24.-The trial
races for the selection of the American
team in the German-American races
will begin here on August IS. The three
German challengers are expected here
about the middle of the month
The Birmingham age-herald., 1913-07-25
Turks Burn Villages

Sofia. July 24-The Turks hace occupied
and burned the villages on the road from
Kisilagatch to Jamboli. Frontier inhab-
itants are fleeing into the interior
The Birmingham age-herald., 1913-07-25
FEDERAL LEAGUE

At Kansas City: Kansas City, 3, Chi
cago 0.
At st. Louis: St. Louis 8, Pittsbure 4
(10 innings).
At Cleveland: Cleveland 2, Indian
apolis g.
The Birmingham age-herald., 1913-07-25
Compel REIMBURSEMENT

The Attorney General asks the court to
compel the Bell companies to rellnquish
control of the Independent Telephone COM
pany of Seattle the Home Telephone COM
pany of Puget Sound, the Northwestern
Long Distance Telephone company, the
Interstate Consolidated Telephone corA-
pany and the Independent Long Distance
Telephone company. If necessary to ac-
compiish the dissolution, the court is
asked to appoint receiver for the prop
critics.
Attorney General McReynolds we'll
known views that the pro rata distribu-
tion of the stocks of the Standard Oil and
Tobacco trusts did not bring about a real
dissolution of those combinations are
strongly reflected in today's suit in which
he specifically requested the court to re-
qure the alleged telephone trust to dis
pose of the stocks. bonds and physical
properties of the Independents, ito persons
not connected with the Bell companies as
stockholders or otherwise" He asks for
the restoration as far as practicable of
competitive conditions existing prior to the
consultations, and that the Bell COM
panies. their officers and agents be en-
joined from acquiring interest in or control
of the companies relinquished.
| Aside from the American Telephone and
Telegraph company with capital of
1898 209,925 par value and assets of S924,-
26o,S1S, Is corporations and % individuals,
headed by Theodore n. Vail, are named as
! defendants.
The. suits, filed by United States At
torney Clarence L. Reames, were prepared
| b. Constantine j. Smyth, special assistant
to the Attorney General, under the direc-
tion of Attorney General McReynolds.
James A. Fowler, assistant to the Attor-
ney General, and G. Carrell Todd special
assistant.
The Birmingham age-herald., 1913-07-25
Ask Immediate Injunction

"A
order Is asked by the government to pre-
vent any further steps in pending foreclos-
ure suits to transfer the physical proper
ties of the Northwestern Long Distance
Telephone company to the Bell COM
panies.
Bell companies. by reducing rates below
a paying basis, by giving free service and
| by threats, it is alleged have forced sew
eral Independent companies forming links
in the long distance system of the North
western company to violate their contracts
for connections with the Northwestern
| company, and to give their business eX-
clusively to the Bell concerns. In encour-
aging independents to violate their con-
tracts with the Northwestern it is charged
that Bell companies in some instances
agrede to pay attorneys fees and other
expenses incurred through possible litiga-
ton.
Acquisition by Bell interests of the
Independent telephone company OF Sc
att1e a link in the northwestern sys7
TEN, sails added, destroyed competition
in that city.
The bill recites the sale to the Bell
interests for $3.50 900 of the Home Tele-
phone company of Puget Sound, al
though the company was appraised at
S2,957,132 This concern. 1t is alleged,
was acquired at foreclosure sale
through contract with William Meade
of the Home Meade. who organized the
Home with himself at the head to rep
resent holders of $1,317 800, is alleged
to have contracted with the Bell inter-
ests not to bid at the sale on behalf
of the bond holders and suffered the
property to go to the combination, re-
ceiving for his services. it is declared,
| $500 and other advantages.
Wanted TO Pay Interest
| Mead as treasurer of the Northwest
ern company, is alleged to have entered
| into an agreement with the Bell COM
pany to procure for them control of at
| least two thirds of the stocks and bonds
andthe physical properties of the North
western ITO this end and in order to
afford ground for a foreclosure sale,
| Mead" the bill adds, failed to pay the
interest due in April and October, 1911,
upon the companys bonds, although he
| had sufficient funds to do SO, but in
stead of using them for that purpose
he applied them to the payment of an
alleged claim of his against the com
pany For his services in this the Bell
companies agreed to pay him about
| $6S,000, part of which was to be with
held until they had received title to
the property of the Northwestern COM
pany through the foreclosure proceed
| ings to be instituted in consequence of
the default mentioned"
| Two-thirds of the $630,000 capital
stock of the Northwestern and all of
| its bonds, valued at $750,000, have been
sold to the Bell interests, it is said, for
| $500, 900. The Title Insurance and Trust
company, it is added, has taken possess
sion of the physical property of the
| Northwestern company and has com
menced foreclosure actions 'in ORDER
| 1t is alleged, that the acquisition by
the Bell companies of the property of
f; the Northwestern might have the ap
pearance of judicial sanction"
The Birmingham age-herald., 1913-07-25
DISSOLUTION OF THE
ALLEGED TELEPHONE
MERGER IS SOUGHT
McReynolds Files Anti Trust
Suit Against Telephone
COmpanies-First At
tempt of Kind

Portland. Ore. July 24-Dissolution of
the alleged telephone merger ON the Pa
cife coast by the American Telephone and
Telegraph company the so-called Bell
Telephone trust is sought by Attorney
General MeReynolds in a civil antitrust
suit filed here today
The government charges the giant cor
poration and subsidiaries with absorbing
Independent telephone companies to de-
stroy competition and create a monopoly
in oregon. Washington Montana and Ida
no in violation of the Sherman antitrust
law.
This is the first attempt ever made to
apply the federal antitrust statute to the
telephone situation. Telephone companies
have claimed that the telephone, like the
railroad, is a natural monopoly and that
a single system is conducive to the best
interests of the public. The department
of justice contends that is a question of
public policy for Congress to determine
1t is declared that the suit filed today
will not Interfere with the sweeping in
vestigation proposed by the interstate COM
merce commission into the general tele-
phone situation to determine whether the
sherman law should be invoked generally
with the purpose of enforcing competition
or whether monopoly should be permitted
or encouraged under regulation similar to
that of railroads. This step was taken in
the west because the Attorney General be-
lieved there existed a peculiar situation
demanding immediate attention to cure
evils said toshave been brought about by
unfair practices and Illegal combinations
The Birmingham age-herald., 1913-07-25

must be proved. 1t would not be now
claimed that the carrier had the unquali-
fed right to make charges to produce a
return on the face value of it's stocks and
bonds 1t would seem equally unjust to
permit the carrier to make charges to
Produce a return on the investment of a
surplus acquired by unreasonable tariffs,
for that would be to base the right to
commit a second wrong upon the success
ful imposition of the first.
The Birmingham age-herald., 1913-07-25
eTw0 Federal Judges Order
2 lie Rates Restored on
L. & N. in Alabama Aug. IL

Continued From Page si1
The evening world., 1913-12-12
DOUCHERTY ACCUSED
BY FORMER EMPLOYEE
Of AIDING GAMBLERS
Stenographer Swears Deputy
Diverted Money Given to
Suppress Them.

In an afYids Il fled IN the Supreme
Court to-day James V. orteiaro. former
conildcn tsai stenographer TO Second Dep
uy Police COMMISSIONS Dougherty.
says TIA, records IN DuuGhtrty's once
show that the Deputy Commissioners
diverted money given him for the pur-
pose OF supprcssing gambling. and that
he permitted gamblers at liberty md
on parole 10 open gambling houses IN
this city when ne was supposed to be
enforcing the law against them.
Ortiero U using Dougherty for 49,
900 damages for alleged siandsr. growins
out Of ortc,ero's dinn,AsM from the
Police Department The former stenos.
raphsr II now trying 70 compel
DoaGnsrty 70 undergo . court exanAna-
ton bafore the trial Of the suit He says
that with the change Of admin,strsti on
On January 1 Dousherty probably will
lose his ONCE
Dousherty in his answer alleges that
he dismissed Ortelero for violating
rules OF the department He held Or
tslero over a. his confidential stenos-
raphsr. Dougherty says. at the request
OF his predecessor. William J. Flynn.
now head Of the Federal Secret Service
here.
orteiero also accuses Dougherty OF
trying to make him the scapegoat for
the Deputy Commissioners own acts.
Justice Ford. to whom the afYidavits
were submitted in Part !. Of the Su-
promo Court. did not act upon the mo.
ton to compel DouEherty to testify.
He permitted the motion to be with
drawn for tho present
orteiero Is represented by Attorney
Charles l.. withrow OF No. 81 Cedar
street Dougherty II represented by
the Corporation Counsel. Tho former
police stenographcr IL In business at
No. 1859 Broadway.
The evening world., 1913-12-12
Dainty Frocks
for Baby Girls

They are both practical
and 'gifty"-a desirable
combination.
For 2 to 6-year Children
straight plain frocks of white
poplin with wide black velvet
belts; fancy white cotton ratinc
with pink or blue MORE sashes,
$3. Dainty dotted Swis,
dresses, 1915.
Pink or blue silk Innings
with lace-edged flounces, S3.
For six months to fwo.
year-old Babies --pretty
dresses Of very fine white
lawn, daintily trimmed with
baby lace or fine blind em-
broidery. 81 and Sl.5O. With
hand-embroidcred Jokes,
$3.50. -, $3.50 and S..
Hand-embroidercd at the
hem. $G. and so on up to
$3.50. Third floor, Old Building
The evening world., 1913-12-12

Use Poslam first in preference to
anything less dependable for any form
Of eczema. acne. letter. salt rheum,
piles. BARRIERS and all other forms Of
itch. and. - we'll. for clearing the skin
Of minor blemishes. such a. pimples,
rsshes. red noses. inilamed skin, etc.
POSLAM SOAP keeps the skin secure
against infection and disease. improves
its color and texture. soothcs tender
skin. makes complexions clear.
All druggists sell Poslam (price, 80
cents) and Poslam Soap (pricc. q5
cents). For free samples, write TO the
Emergency Laboratories, Sc West a5th
Street. New York City.
The evening world., 1913-12-12
OrerSedm, 81
PQue, S1.15
MATTRESSES
$40 grade, for $35
$50 grade, for SIS
$24 grade, for $40

A hair manufacturer; having a
large quantity of horsehair ieft
over from a contract. has of.
fered this to us at a very low
concession, owing to the very
large business We do with him.
and We are glad to be able to
offer it to the public at the same
concession.
We will make the mattresses
ourselves. to order.
Seventh Gallery, New Bu;,d;n,
The evening world., 1913-12-12
Gift Cutlery

Pocket knives from the
worlds hest makers. jOc to
1913. Gunmetal. pearl, sterl-
ing silver and stag handles.
Embroidery scissors to fit
into the sewing box, Zoe to SOC.
Sewing scissors of fine steel,
2jc to 81.
Scissors in fancy cases. SO up
wards.
Library sets, scissors and
paper cutter, 81 to $3.50.
Razors, safety and regular
kind. from makers well-known
for the quality of their razors,
CSC to $50.
Main floor, Old Building.
The evening world., 1913-12-12
Gifts in Leather for Men

lifts for men-so that they might be in perfection of
rood taste.
Here arc the things that experience has taught
that men really want
card cases. etc., gold mounted in fine seal and s pscial
pces-aso cigar cigarette and match striped slk
and leather
R folders oaet card bill books all the suitable
leather necessities.
Dressing cassmtay brushes collar bags ito cases.
shirt cases. TASKS. bottle SETS
Gillette Rnzors-AuoStrop singy or in Get,
of seren, pocket knires. Main floor. Old Building
The evening world., 1913-12-12
P0SlAm HEALS
THE SKIN WITH
Speed and EASE

A. soon - You
put Poslan a.
work for you. by
applying gently
to any diseased
part Of the skin.
you will cxPeri-
ence relief from
itching. burning
and Inflammation
and will feel the
skin surface
soothed. cooled
and comforted.
You may note
rapid improve
nent until the
trouble has dis
The evening world., 1913-12-12
"IH Give Her a Pair of Slippers

the warm felt low heels because apartment steam
heated and cold in the morning. conided to
The slipper display is helping many people to make
up their minds
Mems house slippers Boys and girls slippers
WOmen's slippers Babies slippers
Not to speak of evening slippers carriage boots.
pretty slipper buckles hockey Shoes arctcs, leggngs,
rubber boots Main floor. Old Building
The evening world., 1913-12-12

OvERCOATS made in q
great assortment Of models.
materials and colotlngs. In
. word. styles to suit every
mans taste.
The evening world., 1913-12-12
Women

Foreign novelty watches--'un-
duplicated gifts in that rare
class of watches which have in
dividuality and charm. as vel
AS time accuracy. Plain and
jewelled, $50 to $l75.
Solid gold watches. seven Jewel
Waltham movement, for as little
as $3.50.
Gold filled watches. twenty-year
guaranteed cases. for as little
as sic.
Sterling silver watches, for as
little as 1878.
Gun metal watches, thin and
small. like the finer cases, at
1915 upward.
The evening world., 1913-12-12
Princess May
White Gloves
81 and Sl,l5

Fresh, spotless. un-
touched gloves-their very
perfection seems to sing
Merry Christmas" We
have never been able to
find any better gloves than
these to sell at 81 and S1.I5
pair.
OrerSeam, 81
Pique, S1.15
All Christmasly boxed upon
request.
Every woman of your &C.
quaintance can use more white
gloves. Main floor. Old Building.
The evening world., 1913-12-12
SCHM|DT'SF|GHTS
WITH VICTIM TOLD
ATMURDER TRIAL

vns,,a.<o. n>,.u,A Nss~s1e y,,,.,,.e
r ra A,.
VI IIACkAlS dIIu AIICSlillS
a.,
AuInucIIc1 WOnaHS SLAYER.
1,.c.c,., R>~,ra .no.. ss,,,, A.
49,.
'''''s ''' '"e VI s'A''
ing Anaa AunusaSer upon INNS
schmidt now on esa, for murder IN
IN. o~,,.. - sz->.-,s as..s>.. n.sor.
'uass "~ssn Sosso' was oAned 70 r's
sand TO-DAY. He rsUewed In detaii
the incidents Of ne eWSst Of Schmddt
Ana TIA russ1ns A~vu II o,ues ,~aAinx
- a. 80. -.
w. % - 90 ~
em WS0V8 W. sstV we uss
found On - o'smsmssrsd COY. Much
uDs was Consumed IA idsoufysng the
articles taken from 9be Bradhurst ave-
sas nat H snsn dssaHosd the ares
.s 'o' O' > nh"
n. 800 n "a. =, M m was,
A.. S9.rSreA - Nhirtv- NTH street
~ -, acsuAs h.A called on MIN
- 1eAisai treatment ana also took
~ Armu.,ise ~ him. In the ply.
siaaa's presence schmidt and the Girl
euoereileA. sach aeeusins the other Of
safaithfuinsss. tbs was last April.
A. Arst Schmidt told the physician
tAat hs was . teacher Of music. Later
IL physician saw him In clerical cloth
iag anA asked him II he were net
. cierBymen. SchmSoe confessed mat ne
Was . priest
He told NJ at various timss." said
n. Leo that he was very much In
lovs With her ana Was miserable without
her and was distracted when she was
sway from him. He told me that he
loved hsr 20 much ne thousht II was MS
duty 70 the church and himself and the
SRI to leave the church ana marry her.
Friction between Judge Foster and
fernsr Judge Olcott Of Schmidts coun-
81 developed sharply during the exam.
ination Of DR.. Leo.
ogFENSE COUNSEL cLAeHEs
WITH JUDGE POeTER.
.r n..,,." s.,a yua.. o,co,,. cha,
an ,s,s ,..,,monv sh.M h. .dmit,.d. I
~" ,.s,.i,.n sror, r,.s,r. ,.chn,o.,
os,:o.ions"
': .:w,s,, Ia.
u" 49, 80
seNssue s""s' I'm not Asspans
ou.
"nAt q" ~ sAS' sH' s"sVpeo
1t. o'eo't
sad mat was not MAKING any
eesecuon' EsvI'so sns judge
-. 10y ~ VA. you d'o| ex@aimed
su.ss O'oots IN oHo amer, Uas"s n"
v0'0s' . w~s ~ss sno'oSuhs oes"e
sp
"a. ~ . To-
~, - ~. 1900. ''"'s
.......s rM-~s. ... D.,.x
...-..S 40 .o,,'~."" 80"
ch.,ss ~. so,n A. M. ou..,,,n. a. I'D,
~. O,.o,t
n, 10 hv.,. ~ s.h,r,ar. r.,a
soa: Of sovs for Anna. TIE sirl in her
nh0Nv "A A0R0f Vim Achmidt Sha rnliesi
The evening world., 1913-12-12
Blouses for Young Women

These new, brilliant coors particularly appropriate
simple blouse chiffon crepe has hood effect collar and fs
shadow lace In orange Copenhagen and tango red 49, OF
net and shadow lace over pink, with Of chiffon 49,
China silk. with black velvet tab and wrscs and
l silk 49, Tailored blouse Of white habuta silk. peated
front and mems cuffs, So Third Old Building
The evening world., 1913-12-12
Gift BIouses at Special Prices

Clothes don't make the woman but pretty
blouse is an attractive addition.
blouse % Georgetc crepe light Copenhagen Is trimmed
with shadow lace insertion and m the fronts handembrodered
blouse, hand-embrodered trimmed with peatings
Of the net and hemstitchng. 1915
All Paris is wearing transparent shadow lace boses One
of shadow lace and bands embroidered Chiffon Tailored
blouse chiffon with collar embroidered in Oriental coors go
Another blouse Of shadow lace combined with net one flesh
pink chiffon, collar and cuffs fur trimmed, $6.75.
Sharp County record., 1913-11-07
Our Pay Roll

These friends Of the Record have
paid subscriptions during the week:
R. G. Kent, G. P. Bray, Maxville;
J. H. Binkley, Reuben 0neal, Emery;
Lindsey Rogers, King Mills; W. N,
Barnett, Cave City; J. Z. Neeley,
Center; Tom Chapman, Hardy; 7, A,
Gray, Hickory Valley; G. 7. Hum
phries, Salem; W. II, Coleman, Shell
byville; G. M. Brickle, T. M. Clear,
Evening Shade; E. F. Matheny, San
Antonio, Texas; Mrs, Matte Jansen,
Caldwell, Idaho; Mrs, Maggie Clear,
Sharon, Okla; M. W. McCord, Elmore
City, Okla,
Sharp County record., 1913-11-07
A CANDIDATE FOR ASSESSOR
Prominent Teacher Of Big Creek Township An
nounces His Candidacy This Week.

Prof. NJ E. Butler this week
makes announcement of his candi-
dacy for tax assessor of Sharp
county.
MIR. Butler is now engaged in
teaching at Grange, and taught
during the summer in the Mt. View
district. Very lately he was en-
gagged in the public school at
Poughkeepsie. Mr.. Butler is a de-
serving citizen. When twenty-one
years of age his education was very
limited, and he determined to bet
ter his condition in an educational
way. With this end in view he
studied at home, and it is a fact
that his good wife acted as his
teacher for some time. Then he
entered school, where he proved an
apt scholar. The next thing he
was teaching school, the holder of a
first-grade license, and conducting
good schools wherever he was en-
ployed. These facts prove the kind
Of man he is. Determination is
one of his characteristic traits, and
now he has determined to be el-
ected assessor.
Wherever Mr.. Butler is known he
is well liked. He is a mantof frank
and genial disposition, who makes
friends easily and then treats them
SO as to hold them. He is full of
energy and action, and deserves the
kindest consideration at the hands
of the voters in his present political
aspiration.
Mr.. Butler is we'll equipped to
perform the duties which would de-
volve upon him should be success
ful in his race, and he asks that
those who are not acquainted with
him make inquiry among those who
do know him as to his qualifications
and character.