davidaulloa/AmericanStories huggingface dataset:
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1913-07-03

A little boy dying of tetanus caused
by toy pistol accident is said to have
remarked as his last words: 80 many
kids have got to die every Fourth of
July, anyway" The little fellow, of
course, was wrong, but who is res
ponsible for the basis of his misappre-
hension2
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1913-07-03

Love Makes the Home Look Cozy, 1"
is the title of a storiette Yes, and if
it is the real stuff, it does more than
merely make it look that way.
The Birmingham age-herald., 1913-01-07
BIG IMPROVEMENT
IN JURY SERVICE
All Jurors Summoned We're
on Hand Promptly Yes
terday Morning

A noticeable feature of the reopenihS
of the courts of Jefferson county yestef-
day morning was the prompt attendance
of the jurors summoned for the week,
There was no delay in any of the d.
visions. either of the civil or criminal
courts in impanelng the sufficient num-
ber of jurors. In some instances tnefe
appeared more jurors than was needed
and they were excused,
In a short time after the courts were
called to order all We're engaged in the
trial of cases with the exception of tho
first division of the criminal court Where
no cases had been set on account Of the
organization of the grand jury.
This condition was the subject, of iluch
favorable comment yesterday as hereto
fore much trouble has been experienced
in securing the sufficient number of
Jurors and in many instances the judges
have had to summon jurors instanter
to fill out the panel. Among the reasons
assigned for the Improvement is the att-
tude of the judges organizing the Jhrles
who have imposed penalties on those VINO
defaulted after abeing served, Another
reason advanced was that better service
has been had by the Officers serving the
summons. But possibly the principal
reason was that the jury commissioners
in preparing the new jury list had elimi-
mated the dead ones and those who
had moved from the city, and by making
the change of addresses of those who had
moved from one part of the county 10
another. The prompt attendance OF Jurors
greatly facilitated the work OF the sew
eral courts
The Birmingham age-herald., 1913-01-07

Along the forward side of the high
sudden temperature falls have been
general, ranging from 6 to 10 degrees
in the central Mississippi valley and
from IL to 36 degrees in the western
cotton states. At : p. m. the temper
ature at Oklahoma City was degrees
or 81 degrees lower than the reading
at Birmingham at the same hour
The area of low pressure that has
continued in the gulf section for the
past As hours has made but slight
movement since Sunday night but has
decreased in intensity. The effect of its
continued presence has been to retard
the progress of the cold bearing storm
to the northwest and to cause con-
tinued warm weather east of the Mis-
sissippi 1t seems TO be slowly filling
up, however, from the banks of high
pressure on either side and its in
fuence in this section will soon wane,
and give way to a sudden change of
colder weather, probably accompanied
by rain, sleet and probably snow, in
many portions of the southern states
within the next "a hours.
A cold wave with temperatures of
20 degrees or lower has been predicted
for this section by Tuesday night and
continued rain is expected Tuesday.
Summary of observations made at
United States Weather bureau stations,
December s, 1913:
Temn't1rr
The Birmingham age-herald., 1913-01-07
Heavy Blows for States

Washington, January 6.-The power of
the states over railroads and express
companies suffered hard blow today
when the supreme court held that since
the passage of the Carmaek amendment
to the interstate commerce act in 1906, the
states had ceased to have the right to an
nual contracts between railroad and ship
pers limiting the liability for the loss OF
interstate shipments.
Another serious blow was delivered
when the court held that the states since
the passage of the interstate commerce
acts and particularly the Hepburn law III
1906 had no power to penalize railroads
for failure to furnish cars for Interstate
shipments. The court declared unconsti-
tutional the reciprocal demurrage law, au-
thorizing the recovery by shippers of q
dollar day for every day during which
the railroad failed to furnish car for the
removal of freight.
The changes thus effected revolutionize
the practice in many states. The court
today pointed out that previous to the
passage of the Carmaek amendment the
court had upheld an Iowa statute under
which contract limiting the damages IN
case of loss. had been annulled and slso
had approved a Pennsylvania case IN
which it was held that the public policy
of the state was opposed to such con-
tracts
As n result OF the passage U 'uS
Cormacl amendment. however, the
court speaking through Justice Lurton,
held that Congress had manifested It's
intention to deal with the subject or
carrier liability for interstate ship-
ments and that being the case the state
laws must give way. Consequently It's
decision annulled the Kentucky aud
Nebraska laws. holding such contracts
void The court not only annulled sttr
laws which seek to regulate the Ia
biIity but it held that the federal law
las expressed in the Carmack amend
ment, dealt with the damage of raul
Iroad shipments and that 1t did not pro-
Ihibit contracts limiting liability In re-
tur non low rate.
Justice Lurton said 1t was just as
reasonable to base rates on value as
on the character of shipments. Fur
thermore, he added. it was not con-
formable to plain principles of justice
that the shipper may undestate the
calue of his property for the purpose
| of reducing the rate and then recover
| a large value in case of loss. He laid
down the princaple that as long as 9
railroad or express company has pub
)lished its rates based on the valuation
of the property. the transportation
The Birmingham age-herald., 1913-01-07

Montgomery, January 6,-tSpeelal.)-in
pursuance of the plan to reorganize the
capitol working force, as well as to more
thoroughly regulate the servant prob
lem at the state house, E. G. Bragdon of
Dothan has been appointed superintend-
ent and custodian of the capitol building,
with complete charge of all the servants
employed in the building. In addition to
the services of Mr.. Bragdon, the COM
mittee selecting the building custodian
has re-employed Adolph DIETRICH as su-
perintendent of the grounds.
The new building superintendent will
have six convicts from the state prisoa
under his control together with three Ct
the old capitol servants. The convlcts
are ''trustles," and with their services,
Mr.. Bragdon will probably accomplish a
great deal in the way of systematizinS
the work of the servants about the build
ing.
Mr. Bragdon is a practical plumber, and
he will doubtless render valuable assist
ance in that capacity throughout the
building. Heretofore, the plumbing bill
The Birmingham age-herald., 1913-01-07
TICK ERADICATION
BILL TO Be PASSED
Commissioner KOlb Declares
Indications for Law Are
Favorable

Montgomery. January e.-(Special.)-
Capt. Reuben f. Kolb, commissioner of
agriculture and industries, returned to-
day from Washington, where he ap-
peared before the House and Senate
committees on agriculture in the inter-
est of the tick eradication bill, which
provides for an increase of the annual
appropriation of sz50,000 to $750,000.
Appearing before the two congress
sional committees were the commits
sioners of agriculture or their repre-
sentatives from veryf-southern state,
and Captain Kolb declares that every
indication is that the bill will be passed.
Captain kolb said that the commission
ers of agriculture were certain of an
increase to 100000. with good pros
poets of securing S,5O,000.
Captain Kolb declares that the two
committees seemed in favor of the pass
age of the bill and expressed his salts
faction over the cordial reception which
the southern representatives received
The Birmingham age-herald., 1913-01-07

Montgomery, January 6-eSpeclaL)-
only one decision WAS rendered by the
Alabama railroad commission at it's reg
uar monthly session today. This was
done in granting the petition of the
Southern Railway company to diseon-
tinue the use of its station at Tecumseh,
in Cherokee county
There was considerable discussion
heard with reference to the case of the
chamber of commerce. of Selma against
the Southern Railway asking for re-
duction of industrial coal rates from the
mining centers to Selma The reduction
sought was from one dollar to seventy
cents per ton. After considerable argu-
ment. the case was continued at the re-
quest of the defendant railway and upo1
representation to the effect that the
Louisville and Nashville Railroad com
pany wishes to become party defendant
"A large party came over from Selma to
appear before the committee in behalf
The Birmingham age-herald., 1913-01-07
BEGIN WORK IN NREORGANIZING
THE CAPITOL WORKING FORCE

of the capitol has constituted rather
important item at the end of each month,
and 1t is believed that much of this ex-
pense will be eliminated through the
practical experience and knowledge e1
the new building superintendent
The employment of Mr.. Bragdon was
authorized at the last meeting oil lhe
governors conference of state OFFICIALS,
at which time a committee on comfort,
sanitation and service was appoiited TO
establish the new regime. This commits
tee is composed of John II. Wallace Jr..
state game and fish commissioner as
chairman; DR.. Thomas NJ. owen, director
of the department of archives and his
tory. and Dr. William H. Oates state
prison inspector.
The servant problem has always been
a rather serious one to properly handle
at the capitol. AS the custodian or the
building, John d. McNee private secre-
tary to Governor O'NeaL has not had
sufficient time to devote to the duties
of the servants and janitors of the build
ing, owing to the many exactions of his
official duties.
Mr. Bragdon will receive $75 per month
as salary, and will begin his new duties
at once.
The Birmingham age-herald., 1913-01-07
Thompson Divorce Held Up

Washington. January 6.-Notice oy pun
lication to a person absent from state
of a divorce suit against him or her Is
sufficient to give to the state luri sur
ton over the absent party. II the state
he the matrimonial domicile of the man
and wife. according to decision To-
day by the supreme court -
The conclusion was announced ~
unfolding the divorce granted by Vlr-
ginia courts to Charles n. thompson
a public school principal IN Nasnihs !,
ton who defeated a divorce suit in
the District of Columbia begun by his
wife, by pleading that he had procured
a divorce from her in Virginia their
matrimonial dom!cile, after notice OF
the suit by publication
The opinion in the case by Justice
vorce decision of Kentucky approved by
tho court several years ago but since
attacked as unsound.
The Birmingham age-herald., 1913-01-07
LGRO CHARGED
WITH CRIMINAL
ASSAULT CAPTURED
Walter LawhOrn in Hands of
AuthOrities-Eyades Mob
of Chiffon County
Citizens

Montgomery, January 6-(Special)-At-
ter successfully evading an irate and de-
termined posse of White men. Walter
Law horn, the negro who attempted a
criminal assault upon Mrs. Elijah Ar
ledge of Chiffon county, on last Friday
night, has been captured by officers OF
that county and brought to the county
jail at Montgomery for safe-keeping.
Lawhorn attempted criminal assault
upon Mrs Arledge about u o'clock Fri
day night while Mr. Arledge was absent
from home. The cries of the frightened
woman summoned to her assistance sew
eral young children in the house, the
eldest of whom struck the negro over
the head with a broom which she held
in her hand The negro, thinking other
assistance was at hand, took to his heels
and escaped through the window.
The news of the attempted assault
quickly spread through the neighborhood,
and by Saturday morning several posses
of white men, armed with guns, began
determined search for the negro. The
search continued all day long Saturday
without results.
feature of the man hunt was the
fact that Governor O'Neal passed
through the section of the county in
which the crime was attempted. The
governor was on his way to inspect
the work that is being done on lock
/ . on the Coosa river by the Alabama
Interstate Power company
Just after passing Clanton the gov
ernor was informed that lynching
was likely to occur at point between
Ocampo and lock u, through which his
train would pass. At Ocampo he noti-
fed his private secretary, John ID. Me-
Neel to get in immediate communica-
tion with the sheriff of Chiffon county
and to direct him to summon many
deputies as would be necessary for him
TO protect the negro. on his return
from lock u that afternoon the gov
ernor was informed that the negro was
still at large, though the search for
him had not in the least abated,
The Birmingham age-herald., 1913-01-07
ESCAPED CONVICT
IS RECAPTURED
James Demming, Who Es-
capped Prison in 1909,
Arrested i'm Dallas

Montgomery. January 6.-(Special)
The state convict department has been
informed of the recapture of James
Demming, negro convict who escaped
from the state prison at Speigners in
1909. Demming was sent up from Ma
rengo county in 1905 to serve SEN
tence of IL years for murder. He was
captured in Dallas county
The facts leading up TO the capture
of Demmng are not known by the
convict department. The sheriff OF Dali
las county informed President James
G. Oakley of the department that he
had captured Demming in Dallas coun-
ty. where he was living with other
negroes. 1t is presumed that the ne
gro. emboldened by his long freedom,
began to talk to other negroes of his
acquaintance, which resulted in his
capture.
In addition to the recapture of DEM
ming, the convict department has also
been informed of the apprehension Of
VIII Tate, negro sent up from Dali
las county to serve four years for bur
glary Tate escaped in the summer of
last year and was recaptured in VIII
cox county.
The Birmingham age-herald., 1913-01-07
CITY WILL PROBE
CAVE-IN AT CREWS

II was announced from the city hall
Yesterday that an investigation would
be conducted by the city commission
into the cave-in at Crews station Friday
which resulted in the death OF SIN ne
groes. The commission wishes to as
certain what caused the cave-in in order
that proper safeguards may be placed
around workmen, hereafter. who are at
least indirectly laboring for the city.
Capt Romaine Boyd, city attorney will
perhaps conduct the investigation for the
city in company with w. G. Kirkpatrick.
city engineer and Captain Gafford, street
commissioner. Captain Boyd Is of the
opinion that the city is not in any way
liable for damages in this case.
The Birmingham age-herald., 1913-01-07
RAILROAD COMMISSION HOLDS
REGULAR MONTHLY SESSION

of the chamber of commerce. Among
them were j. B. Ellis, V. b. Atkins,
Morgan Richards and others
No decision was reached in the Rag
land depot matter which a petition Of
the Seaboard Air Line railway to re-
move its depot at that place distance
of 1l70 feet from it's present location.
The petitioner was represented by John
p. Tilman of Birmingham. and State
Senator Watt Brown. Gardner Greene
of Pel City and others represented the
opposition.
The case of f.. Wilkinson against the
Southern Railway asking for reduc-
tion. of grain rates from Sheffield to Bir-
mingham was continued pending prob
able agreement.
The petition of n. l.. Wilson and others
for additional passenger facilities int1
Blocton was also continued.
The case of the A. & j. Manufacturing
Co. of Gadsden against the Alabama
Great Southern and other railroads,
which has been re-opened was contn~
ued pending a probable adjustment. This
case involves the rates on stoves in
l.. C. L. lots
The Birmingham age-herald., 1913-01-07
FATHER OF FOUR SELLERS
ON NEWSBOYS' ORDINANCE

is proposed can only amount to harm.
You cannot legislate morals into peo-
pie.
Il dislike also the idea of putting
my sons and the work in which they
engage during spare hours in the
hands of a young man who is not eN-
perienced in handling boys. | have four
sons and yet l am not capable of IN
structing the sons of others and of
showing them the paths which they
must follow If they are ever to see the
light on the hill.
IF the city thinks it necessary for
the boys to have governor of their
own ! would respectfully suggest Judge
Sam Murphy. He is a good man, mas
the interest of the boys at heart and
has had experience. Reformation is a
delicate thing. You can overdo lt very
easily. And when you err in the pro-
gramme you make conditions worse
than they originally We're"
The Birmingham age-herald., 1913-01-07
CAPTAIN v. P. LAY
CALLS ON GOVERNOR
COnsults Chief Executive in
Reference to the Water
Power Developments

Montgomery, January 6.-tSpecial.)-.
Capt. w. P. Lay of Gadsden called on
Governor O'Neal today in reference to
the water power development that Is in
operation on the Coosa river. Captain
Lay was one of the pioneers of the state,
in setting forth the various advantages
that would accrue from developing the
water power resources in Alabama, and
it is believed that he has done more than
any other man in the state to arouse a
full appreciation OF these great natural
resources =
Captain Lay was one of the party who
went to Lock u, on the Coosa river, last
Saturday, to see the work that Is being
done by the Alabama Interstate Power
company at that place. He will probably
remain in Montgomery for several days.
during which time he will have several
conferences with Governor O'Neal Ella
tive to the water power development on
the Coosa and Tallapoosa rivers.
The Birmingham age-herald., 1913-01-07
TAX COMMISSION
BEGINS HEARINGS
State Commission Takes Up
Cases Appealed from the
Board of Revenue

The state tax commission practically
the docket for hearing yesterday and
Will again resume its labors at 1C
O'Clock this morning. It is holding ses-
sions in the rooms of The board of reve-
nue. on the ground floor of the court
house.
Present. al the session yesterday we're
Lee Long ehairman Judge A. A Evans
and John B. Powell. W r. Lloyd, seere-
tary, and e. O'Brien and Murray {.
White of the commission Capt. Joe :.
Allen and Turner Weakley are assisting
the commission in determining property
valuations. The states attorneys are
Col. Jesse F. stallings and Frank S,
White Jr
large number of the property holders
are represented by Rufus b. Smyer, who
was attorney for the Real Estate Dealers
exchange which resisted the raises made
by Tax Commissioner Allen and which
were heard before the board of revenue
last summer. b. A. Thompson was also
in attendance, as were number of prom
inent real estate dealers.
The present hearing is the result of an
appeal TO the tax commission from the
rulings of the board of revenue in which
II was alleged undervaluations were
made. There are los separate cases and
the amount involved is quite large.
Mr.. Smyer on behalf of his clients made
motion to dismiss the cases on the
grounds of improper service and other
technicalties, which was overruled by the
commission. There were few arguments
made for or against the proposed raises
which in many instances were small al
though 1t is rumored that in some in
stances appeals will be taken to the Cir
cult court.
The Birmingham age-herald., 1913-01-07
Weather Forecast

Washington, January 7.-Weathef
forecast for Alabama: Rain and cold
er Tuesday: much colder at night;
Wednesday fair; coldf in extreme
south portion.
Tennessee: snow in west; rain prob
ably turning to snow in east portion
Tuesday; much colder: Wednesday fair,
colder in east portion.
Georgia. Rain Tuesday, colder in
west portion and colder at night in
cast portion; Wednesday snow or rain
in north: rain in south portion, colder.
Mississippi: Rain or snow Tuesday;
rain in extreme south portion; much
colder: Wednesday fair and colder.
The Birmingham age-herald., 1913-01-07
PARCEL POST WILL
CAUSE EXTRA Cost
Will Cause the State Health
Department $100 Extra
Expenditure

Montgomery, January 6.-tSpeclal)-
The operation of the parcel post system
MI cost the state health department IN
the neighborhood of 500 more during the
next lew weeks than the old postage
method would have cost. This announce
ment was made Monday by DR.. IA. q.
Ferry OF the health department., who IS
sending out over the state a large num-
her OF pamphlets and printed matter
which has heretofore been sent out as
third-class mail matter.
The literature that the health depart
ment rs sending out is too bulky to go
al the old postage rate, and it costs from
? cents TO cents more TO send the same
matter by parcels post.
The printed matter that the health de-
partment is sending out pertain to vital
statstlcs and large number of other
subjects that come under the supervision
of that department.
The Birmingham age-herald., 1913-01-07
DOESN'T LIKE UNNECESSARY
RESTRICTIONS-SAYS If BOYS
MUST HAVE GOVERNOR LET
GOVERNOR BE JUDGE MURPHY

Joseph Logan of Ensley. the father
of four boys who SELF newspapers when
they are not at school. does not ike
the complexion of the ''newshoys' ordi-
nance" which is pending before the
city commission. lie expresses himself
freely.
Restrict boy too closely and he
will do wrong said this father of
four sons. '1ust TO show you that he
can. | am in favor of doing every
thing which will better conditions
However, conditions are not 50 bad as
they are pictured and the remedy whleh
The Birmingham age-herald., 1913-01-07
Local Data
Weather Conditions

Birmin CHAM. January Sc p. MI
A wave of severe cold weather has been
general throughout the western haif
of the country during the past "a hours
attending the extensive high pressure
that still occupies the greater portion
of tho country west of the Mississippi
Temperatures below zero were report
ed at 7 p. m. over the entire nochies
and plains states north OF Colorado
and freezing weather at that time eN-
tended northward from central Texas
embracing the entire western country
the central Mississippi valley and the
Great Lakes General snow has falieh
throughout the western half Oh tne
great central basin and the southwest.
The Birmingham age-herald., 1913-01-07
Railroads Plan Rejected

washington, January 6.-The plan
proposed by Union Pacific railroad at
torneys for 'dissolving' the Union ia
cific- Southern Pacific railroad merger
by allowing the Union Pacific stock
holders to have the exclusive privilege
of buying the Southern Pacihc STOCK
now owned by the Union Pacihc rail-
road corporation was curtly put posi-
lively rejected today by the supreme
court of the United States.
Justice Day announced the conclusions
of the court in regard to the plan pro-
posed by the railroad attorneys ana op-
posed by the government, as he delivered
the opinion December 2, holding that the
ownership of the stock by the Union IA
cific company was violation Oh the
Sherman antitrust law. Government or
ficials who heard Justice Day were con-
vinced that a complete end OF the mcr-
ger must be agreed upon and that any
"paper" dissolution would be rejected by
the court.
The court took the position that cor
nora tion is only another name Tor ihe
stockholders, and to allow the Union "a.
cific stockholders to buy the stock now
held by the Union Pacific company, Tue
ration of which they are the stock
holders. would amount to nothing ef-
fectual This action is regarded as a
highly important precedent in antitrust
litigation. a..
The case now will go back to the dis
trict court of Utah in which the SUIT
originated, for that court to ENFORCE the
decree of dissolution
The court did not chanse tooay ,Mhs M
mower Of the district court to approve
The method of the proposed dissolution,
further than to hold that the railroad
attorneys and Attorney General Wickers-
ham are expected TO resume negotiations
at once for ending the merger and some
persons in Washington regard 1t as no'
! improbable that the railroad ATTORNEYS
will assent to the government proposa
| to allow the Union PaciIic ana sou'nea' !
| Pacific stockholders to share in the pur-
| cha ses of the stock. Such plan wcuiu
not require the stock to be dumped upon
4 the omen market.