davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-08-17
ADJUTANT HALPIN
TO GO TO BALTIMORE
Will Be Secretary of Southeastern
Division of Salvation Army-Quirk
to Succeed Him Here

Adjutant William Halpln of the Sal
walton army leaves Birmingham on Tues
day next for Baltimore. Md, at which
place he will begin his duties as secre-
tary for the southeastern division of tfN
army This division includes the states
of Virginia, Maryland, Delaware and also
the District of Columbia.
Adjutant Halpin has been In command
of the gulf division of the Salvation army
with headquarters in Birmingham for the
past II months. While here he has
made many friends. In recognition of his
services Commander In Chief Eva Booth
of New York has promoted him to staff
captain.
Staff Capt. w. 8. Quirk of Atlanta. ac-
companied by Mrs. Quirk, will take COM
mand of the gulf division this week. Cap
tain Quirk is we'll known in Birmingham,
having been frequent visitor here, and
has for some time been secretary Of the
south Atlantic division OF the Salvation
army.
The Birmingham age-herald., 1913-08-17
JUDGE HUNDLEY GIVES
VIEWS DENYING RIGHT +
OF O'NEAL TO APPOINT

the people fill the vacancy by election
as the legislature may direct"
In constituting the seventeenth amend
ment both the amendment and the pro-
viso must be construed together and 1t
Is an unbroken rule of law that when it
can be done without doing violence to the
meaning of words in their common accep-
tation, 1t Is the duty of courts to SO con-
strue the law as to carry out the inten-
ton of the law making power, and should
doubt arise as to the meaning of the
law, that doubt must be resolved in favor
of carrying out the intention of the law
as gathered from the construction of the
law in its entirety. l take it that no
reasonable person can doubt that the pur-
pose of the seventeenth amendment was
to change the method of electing senators
as heretofore provided, and to provide for
their election by the people. This being
the plain and unambiguous purpose of the
amendment, the governor was without au-
thority to fill the vacancy until he had
secured the authority from the legisla-
ture, as provided in the amendment.
1t seems to be the contention of both
the governor and the attorney general
that to deprive the governor of the right
to make this appointment now would in
effect deprive the state of equal represen-
teton in the Senate, and that too without
fault on the part of the state. The pro-
vision of the federal constitution, which
declares that no state shall be deprived
of it's equal suffrage in the Senate also
uses the words without it's consent" The
state may give its consent by direct ac-
ton, and then, too, by non-action and
laches. I suppose 1t would not for mo-
ment be contended that If the state were
to continue Indefinitely to fail by legisla-
tive inaction to provide for the filing of
vacancies, and the election of senators
by the people, that the governor could
continue to fill such vacancies by appoint
nent. and yet the state of Alabama has
| had ample time since the adoption or the
amendment to assemble It's legislature
and enact such legislation as is required
to effectuate the new amendment as to
| the election of senators and the filling of
vacancies. but by its own laches has
| failed to do so. 1t was to meet just such
emergencies as this that the amendment
| IL positive terrns clothed the executive
authority of the states with power to
tissue writs of election to fill such va
caEces." Since this amendment has been
adopted our sister state of Georgia has
called its legislature together and the
people have elected its senator by direct
vote.
| | respectfully submit that the only man
ner in which vacancies can be filled is in
manner and form as plainly set forth In
the amendment itself.
OSCAR r. HUNDLEY.
Birmingham, August 16. 1913.
The Birmingham age-herald., 1913-08-17
EAST LAKE PLANNING
BIG TIME LABOR DAY
Programme Announced for the Two
Concerts by Nappi's Band This
Afternoon and Evening

Plans are already being made for the
park and number of features have been
arranged. There will be a fitting tour
nament in which teams representing the
Young Mems Christian association and
the Athletic club will meet in open boats
on the lake. Padded lances will be the
weapons used. The contestant remaining
in the boat the longest will be awarded
trophy.
There will be high, distance and fancy
diving, long and short distance swimming
races including events for all ages. boat
races and perhaps a canoe race.
On land there Will be ball game with
the usual attractions of the park. Little
Rex a diving pony, and Lyle" div
ing dog, will be the free acts with con-
certs by Nappfs band.
Immediately after Labor Day win come
the skaters masked carnival.
The programme for the two concerts to
be given at the park today by Nappis S
band follow:
March, Underwood" bowman.
Overture Raymond" Thomas
Serenade, Herbert.
Selection. 1.-The Count of Luxembourg
Lehar.
Solo, 'Silver Threads Among the Gold"
Danks--Signor L. Nappi.
Fantasia, "Parsifal," Wagner
A Samoan Dance, Maori" Tyers.
Waits, "wine. Woman and Song
Strauss.
Selection, 'Traviatn." Verdi
Medley of Popular Hits" Snyder.
The Birmingham age-herald., 1913-08-17
Barbecue and Picnic Held at
Paint Rock in HOnorof
Good Roads
GOVERNMENT SHOULD
LEND INFORMATION
In Address Almon Touches on Won
derful Improvement of Public
School System and Advan-
tages of Education
BY II. NJ. HENDERSON.

Scottsboro, August 6.-(special. 1.-THE
citizens of Paint Rock gave grand bar
becue and picnic at that place today in
honor of good roads.
Judge Il. B. Almon of Tuscumbia, the
speaker of the house of representatives.
and author of the state highway COM
mission act, passed by the last legisla-
ture of Alabama, addressed large crowd
of citizens of Jackson county. Ills sub
ject was Education, Agriculture and
Good Roads," He spoke on the wonderful
Improvement of the public school system
in Alabama during recent years and the
advantages and Importance of education
He referred to the improved methods OF
farming and the reasons why the national
government and the state should render
better service to the farmers in the way
of instructions in the best improved
method of farming and the character OF
fertilizer best suited to the various kinds
of soil and the advantages of a more
intelligent and scientific method of farm
ing, so as to secure the best results.
He insisted that it was a duty that the
government owed to the farmers to give
liAchA AieC VI Tie DSutHl Ol lHe
instruction and information. He forcibly
and earnestly discussed the advantages OF
good roads and of what had been accom-
plished in Alabama during the last three
years through the workings Of the state
highway commission and the approprla-
ton of $1,000 per annum for each county ir
the state from the earnings of the state
convict department and insisted that the
next Legislature should increase this ap-
preparation so that each county shodlu gel
at least three or four times that amount
That the good roads amendment to the
constitution Of 1901 authorizes the legisla-
ture to appropriate all of the net inccme
of the state convict department, which
amounts to more than 100000 per annum
Judge Almond referred to that position
in the state highway commission law re-
curing the state highway commissions
ers and state highway engineers to recon-
mend to the next legislature a location
state. He said that he believed that
they would recommend and that the next
le legislature would locate one of these
trunk lines through the Tennessee valley
from the Georgia line on the west tc
Mississippi on the east, connecting with
reads from the east to tn ewest. He
urged the citizens of Jackson county tc
see to it that they completed their pike
roads extending east and west through
the county.
His speech was we'll receive dby the vas
throng and highly appreciated. This fav-
ored son of Colbert has many admirers
in High Jackson"
The Birmingham age-herald., 1913-08-17
NEW MANAGEMENT
FOR VOLUNTEERS
New Quarters Leased and
Home Opened for Needy
Women and Children

The volunteers of America will in the
future be under a new management in
Birmingham. Adult and Mrs. w. r.
Winsett will have charge of the local
forces, and Adjt. l.. A. Odom' of Mont
gomery will act as state superintendent.
New quarters have been leased at 1923
Harietta street, where home has been
opened for needy women and children. The
house contains about 20 rooms with bath
and all modern convenences There are
three acres of land about the building.
Adjutant Winset will place the home
under the direction of board of trustees
which will consist of not less than 1c
ladies of Birmingham. This board will
cooperate with the various religious and
charitable organizations of Birmingham.
The Birmingham age-herald., 1913-08-17

To the Editor of The Age-Herald:
The question of the authority of Gov
ernor O'Neal to appoint senator to fill
the vacancy caused by the death of Sen
ator Johnston, is a matter not only of
local Importance, but of national i'm
portanee as well. That the governor was
entirely without authority 10 fill this va
cancy by appointment, is, to my mind,
without any shadow OF doubt. have read
the opinion of the attorney general of
Alabama and the statement of the COVER
nor and they both base their contention
as to the governors authority upon the
construction to be placed upon the pro-
viso in the seventeenth amendment as to
what was intended by the words therein,
"ths amendment shall not be so con-
strued as to effect the election or term
OF any senator chosen before it becomes
valid as part of the constitution" The
contention is made that this proyiso con-
tinues In force and effect, the authority
of the governor to fill this vacancy, as
THAT authority existed before the adop-
tion of the seventeenth amendment. IN
this connection authority is cited to de-
fine what is meant by term of office" :"
There can be no controversy as to what
is meant by term of office" and in this
case 1t means of course the term of six
years PROVIDED by law as the term of sem
ators.
The proviso clearly means that it was
the intention clearly to prevent the
amendment being, so construed as to cur
tail the term of office of any senator
elected before the adoption of the amend
ment, or to effect his election. The
amendment to be effective had to be
adopted by three-fourthsl of the states.
and the lawmaking power at the time
was fully aware that In all probability
there would be appointments and election
of senators between the time of the pass
age of the proposed amendment and its
adoption, and very properly added the
proviso to meet this situation.
1t was not intended by the proviso, nor
did 1t in fact refer in the remotest way
to the filling of vacancies" That sub
iect had been treated with precision in the
amendment itself in the following words:
"When vacancies happen in the repre-
sentation of any state in the Senate the
executive authority of such state shall is
sue writs of election to fill such vacan-
ces provided, that the legislature of any
state may empower the executive there
of to make temporary appointments until
The Birmingham age-herald., 1913-08-17
JUDGE UPHOLDS
UNION OF Church
Property Involved Amounts
to Almost $1,5O0,000.
Two Separate Suits

Kansas City. August 1.-THE union OF
the Presbyterian church in the United
States of America and the Cumberland
Presbyterian churches, effected in 1906,
was upheld by Judge YanValkenburgh in
the United States district court here to-
day.
Members of the Cumberland church
were forever enjoined from interfering
with the use by the United Church of
chunch property in Missouri.
Title to all property of the church in
Missouri is quieted in the Presbyterian
church in the United States of America
under the decision.
The property involved amounts TO al
nest $1,500,0 There were two separate
suits instituted in the federal court here
by the United church in the fall of 1903.
The Birmingham age-herald., 1913-08-17
EVENTS OF TODAY
Band eoneert at capltol park.
BUMPER. ALFALFA
CROP THIS YEAR
d. M. Malone of Consul Says Indica-
tions are That Alabama Crop
Will Be Unusually Heavy

D. NJ. Malone of Consul, formerly 4
citizen of Birmingham, was here yes
terday visiting his brother, w. N. Ma
lone. and other friends in this city.
Mr.. Malone said that the alfalfa crop in
Marengo county, where he lives, is un-
usually fine this year, and the chances
are that it will be one of the largest
ever harvested in this state.
"The black belt OF Alabama" said
Mr.. Malone. us coming into its own in
the growth of alfalfa. The growers of
that section have every reason to be-
1ieve that the crop will be fine, and
are leaving nothing undone to make the
results all that could possibly be ex-
pecter. The chances are great for that
section of Alabama to become the lead
ing alfalfa section of this country, as
the conditions there are even better
than the famous Kansas sections where
alfalfa is grown
Mr.. Malone since locating at Consul.
has been very successful.
The Birmingham age-herald., 1913-08-17
CONVENTION LASTS
ANOTHER WEEK

Mountain Creek, August 16.-tspecial.)
The Chiffon county school teachers' in
stitute. which has been in session for one
week intends to remain in session during
next week In order to finish up work that
Is necessary Prof. E. e. Smith of Bir-
mingham and Miss Maud TSimball of Mo-
bile have been conducting the work, and
will continue until all is through.
N r. Baker, Alabama rural school su-
pervisor; ]. s. Moran of Thorsby and Mrs
B. I. Robinson of Auburn attended the
sessions, and each made addresses.
A Sunday school conference was held
at Thorsby and many subjects pertaining
to Sunday school work discussed. Mr.
and Mrs. S. e. Norton, Prof. 8. II. Her.
bert. ]. A. Hunter, A K. Horn and Miss
Anna Gilbert addressed the conference.
The roads received attention in compli-
ance with Governor O'Nears proclama-
ton. A good many responded with picks,
shovels, ETC.. and good work was done.
The Birmingham age-herald., 1913-08-17
STALLING AND NELSON
GIVEN POSITIONS

Washington, August 16.--(Special)- y.
Thomas B. Stalling of Greenvile and
Gen. r. NJ. Nelson of Birmir CHAM. who
were clerk and messenger of the mill
tary affairs committee of which Senator
Johnston was chairman, have been given
temporary places by Secretary of the
Senate Baker, They have been assigned
10 Senate committee, which now is
without a chairman. and will not have
until the vacancy in the Alabama sena-
torial delegation is filled. If Mr.. Clayton
is seated it is quite certain that he will
provide some place for these employees
of his distinguished predecessor.
The Birmingham age-herald., 1913-08-17
MAJ. P. D. BARKER
IN WASHINGTON
Mobile Postmaster Resting
From Business Cares.
Talks of Johnston

Washington, August 16.--(spccial.)-Ma MAJ
p d. Barker, postmaster of Mobile, has
been here for several days. He has hac
some routine business to transact at tht
department and has also mad time to take
some rest from business cares. Major
Barker's term does not expire until nex'
January.
So far as known no charges have beer
preferred against him. and. Of course. thai
is pleasing to republican officehq ldei
who has been quite eet'zss ~
SO many years. UudN; is chey a ths
The Birmingham age-herald., 1913-08-17
Tuscumbia Teachers Elected

Tuscumbla, August 6.-(Special)-At the
meeting of the public school board of
trustees the vacancies We're filed that
have existed in the faculty. Miss Hazel
Brown of Leesburg, Va, was elected as
teacher in the high school. Miss Brown is
a graduate of Swarthmore. Pa, and holds
an A. M. degree from Columbia. Miss
Fila Bell, graduate of University of North
Carolina, will have charge of the first
grade, and Miss Kendall was de-elected
teacher of the second and third grades.
Mrs. j. Floyd Collins will have full charge
OF the musical work of the school,.
The Birmingham age-herald., 1913-08-17
IMPROVEMENTS IN
WILDWOOD PARK
Beautiful Forest Near Flor
ence Made More Attrac-
tive by Bridges

Florence, August 16.-(Special. Wild
wood park one of the most beautiful for
ests in north Alabama and situated near
the city of Florence, is being made moro
attractive by the addition of concrete
bridges which are now being built by con-
-vict labor. and the roadway will be i'm
proved by private subscription. Seven
bridges are completed and add much tc
the natural beauty of wildwood park
J. B. Game, Jr., recent graduate of the
Florence normal. has been rendered po-
sition in the high school at Novasota,
Tex, which he has accepted He will oc-
cupy the chair of science.
Work ON the Cloverdale road is now be-
ing pushed, and the citizens located on
that stretch are enthusiastic over the re-
suit. There is connecting link of ROAD
beyond Petersville which will be put in
good condition as soon as possible.
The people of the Fourteenth district
have made arrangements to build a school
house near Rogersvlle. They will have
advantage Of the 5000 from the state.
The largest land estate in Lauderdale
county. located in what is known as Col
bert reserve, was divided. after the young
est heir-at-law came of age recently, with
out the assistance of a lawyer. The estate
consisted of II ,5G6 acres of valuable land
and other things beside money interests.
The property wa sowned by the late c..
Smith. who lived on the estate, calling IT
'Smithsonia.''
The Birmingham age-herald., 1913-08-17

Wilson administration the chances arc he
will continue to be postmaster Mt Mobile
until his present commission run.i out
In spite of their differences in political
matters, Major Barker was from war
times down to his death a warm personal
friend of the late Senator Johnston of
Alabama. Major Barker was sta ationed al
Selma towards the close of hostilities and
remained there for some years. lie re1
calls an interesting talk he and young
Joe Johnston had along about 1916. The
latter was even at that early date active
in politics and was chairman of his coun-
ty committee. He was talking one day
about his aims and aspirations in life and
prophetically said: Barker, have made
up my mind that If l live long enough !
am going to be governor of Alabama
And after that am going to the United
States Senate"
The Birmingham age-herald., 1913-08-17
FIRST BALE AT CLIO
BRINGS IL CENTS

Eufaula. August 16.-(Special l.)-Clio
this county, received her first bale OF
cotton yesterday. 1t being brought In
by John Missildine, who received II
cents a pound for the new staple. The
first bales of cotton brought here were
sold for 10 Ia cents without a premium
if cents pound.
The annual Barbour county teachers
institute will open at Clio Monday with
Institute Director e. S. Pugh of Union
Springs in charge. The institute will
continue until next Friday.
The Second regiment band, which
made such hit at the Henderson bar
becue at Troy Thursday, has been asked
to play at the Pike county fair this
fall. 1t is probable that the band will
accept the invitation.
The Birmingham age-herald., 1913-08-17
WOMAN AVIATOR
SAVED FROM DEATH

Mineola, L. T., August 16.--Mrs. Maury
simms, a wealthy young widow of New
York, who has been taking flying lessons
at the Hampstead aviation field. was
saved from death today by the fact that
she was strapped in the seat of her
monoplane when 1t turned turtle at the
height of 200 feet. When the wrecked
machine was lifted the woman aviator
emerged smiling and only slightly injured.
The Birmingham age-herald., 1913-08-17
Local Data
Weather Conditions

Birmingham, August 16.--G P. M)-The
rain area that crossed Alabama yester-
day and last night moved across Missis-
sippi and western Tennessee today, and
Memphis and New Orleans, where little
or no rain has fallen to a. m. Saturday,
reported heavy rains during the day.
The rain area also spread northwest
ward to central Oklahoma and Iowa. and
over most of the state of Missouri.
Amounts in those states appear to have
been light. and important only as ac-
companying slight change to cooler
weather in the northern portion of the
Mississippi valley and the upper lakes.
Very little rain occurred in any other Sec
tion of tho country.
Hot weather continued >on the southern
slope OF the Rockies from western Kan
sas and Nebraska to the northern por-
ton of Texas and New Mexico, but no
report from any station received showed
readlng higher than 9s, or slightly lower
than the highest for Friday.
The temperature In Birmingham was
about normal today. and about the same
condition is to be expected Sunday. Very
and generally fair weather is looked FOR
Sunday.
Temperature
Lowest
At for
7p.m. day
Abilene, clear .........,......,.., "a q
Apalachicola, partly cloudy -, 80. Y
Atlanta, clear ,......,...s.,..,,.. ~ Y
Atlantic City. clear ..,,.,,,,"u, "a q
The Birmingham age-herald., 1913-08-17
MAJOR SAMUEL COX
DEAD IN MISSOURI

Gallatin, MO-, August 16-Major Samuel
p. Cox. a veteran of the Mexican and
civil wars, died at his home here today.
He was IS years old. In civil war days
Major Cox gained fame by Staying the
notorious "Bilr' Anderson, a guerrilla
chief, who with his band of desperadoes
long terrorized north Missouri.
The Birmingham age-herald., 1913-08-17
Strikers Arrested

garment workers and private detec-
tive were arrested here today as a re-
suit of disturbances in front of fac
tories, against which a strike has been
declared. Several of those arrested
were young women.
The Birmingham age-herald., 1913-08-17
AuCTuQN

| WILL SELL THE ENTIRE CON.
TENTS OF MY SEVEN-ROOM HOUSE,
AT AUCTION, MONDAY 300 A.tM
: 1goos SOVM zST. SHHNRXl0zN0D 0DTH.l
MRS. NJ. A. SCOTT.
The Birmingham age-herald., 1913-08-17
McMilIin Leaves for Post

New York. August 16.-Benton McMillin
former governor of Tennessee, sailed to-
day for South America to take up his
duties as Minister to Peru His wife acl
companied him.
The Birmingham age-herald., 1913-08-17
Weather FORECAST

Washington, August 16.-Forecast for
Alabama Mississippi: Local showers Sun.
day and Monday.
Georgia: Generally fair Sunday and
Monday.
Tennessee: Showers west. feir east por-
ton Sunday; Monday local showers.
Pine Bluff daily graphic., 1913-02-01
Another Sad CaSps

Ephrata, Pa" About 3 year ago l was down with nervous prostFation. l was pale and weak and would have hys- teric spells, sick headaches and bad pain under my shoulder blade. l was under the care of different doctors but did not improve. l was so weak l could hardly stand long enough to do mydishes.
 Lydia E. Pinkham s Vegetable Com pound has made me well and happy and have begun to gain in weight and my face looks healthy now. "-M Mrs. J. w. HoRNBERGEa, K. No. 8, Ephrata, Pa.
 If you want special advice write to Lydia E. Pinkllam Medicine Cos {c0nn- dentiaD Lynn, Mass. Your letter will be opened. read and answered by a w0man and held in strict confidence
Pine Bluff daily graphic., 1913-02-01

towards Legislation that will bring popular government closer to the peo- pie the sena,e has gcne on record in favor of continuing tae old system by a vote of 8 to 32
 This vote was on an amendment by the Oklahoma senator to the pending resolution to amend t3e constitution to provide a six year term with in eligibl;y for reelection. The reso- lution has been under consideration two days and the finml vcra is expect ed tomorrow. Today as yesterday there was considel able reference to Roosevelt's talk on Wilson. The Re publican Progressives fought the pro- posit on bitterly, contending Fhet 1t was intended to operate as bar against Col. Roosevelt in the future.
 Every amendment proposed was reflected. One by Senator Payn,er referring to MT. Wilson and propoS- ing to increase to six years phe terms of the president in office when tho amendment YVES ratif ed, was rejected bv a vote of 36 No 30. Another by Mr. Oliver intended only to annoy the Democrats provided that the proposed change should not apply to the in- c1mbent at the time of ratification was reflected g to II. This was the reverse of Paynter's amendment. The Pennsylvanian was aiding Payn- ter, who goes out of off ce March 1, to embarrass his own colleague.
 The votes today indicate that if the resolution goes through at all it will. be by very small margin.