davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-08-09
CLUBROOMS
IN SOUTH TO BE LOCATED
325 FEET ABOVE STREET
MORE SPACE FOR PARKING
PURPOSES is PROVIDED

An amendment to the traffic ordinance
was adopted by the city commission yes
terday which is considered of some I'M
portanee as it provides for 20 more feet
of space for parking purposes in front
of office and public buildings, five feet
being cut off the alley and street inter-
section requirement and five feet off each
side of the public entrance measurments.
The amendment as adopted is as fol-
lows:
AN ordinance to amend section q of
ordinance No. 14-C.
BE it ordained by the board of commits
sioners of the city of Birmingham, that
Section q of ordinance No. 174-C, entitled,
An ordinance to further regulate the use
of the public highways of the city of
Birmingham, be. and the same is here,
amended so as to read as follows
Sec %. That it shall be unlawful to
cause or permit vehicles of any kind to
be placed or stationed within 20 feet of the
intersection of any two streets or within
five feet of the intersection of any alley
with street within the following area,
namely:
"All that part of the city of Birming
The Birmingham age-herald., 1913-08-09
GRANITE FOR NEW I
BANK SKYSCRAPER
Solid Train Load Arrived
Yesterday From Massa-
chusetts

solid train load of granite, from Mass
aehusetts arrived in Birmingham yester-
day to be used in the jefferson County
Bank building. It required 20 fiat cars to
bring the granite to Birmingham.
Ten of the cars We're loaded with the
sections of the eight granite columns, SIX
of which will adorll the Twenty-frst street
side of the building from the grade level
to the vault fioor, and the remaining two
Will be on the Second avenue front of tina
building. The columns are 80 feet in
heghth, and weigh in the neighborhood
of 100 tona They will be the largest IN
the city They were shipped on Hat cars.
two sectionsto the car, heavily Grated.
The remaining cars, contained other
granite for trimming. bases. etc. Mr. En-
slen aud officials OF the bank examined
the granite yesterday afternoon and We're
much pleased with 1t.
Marble for the interior finish of the
building, the lobby OH the first floors and
the corridors on the foors higher up has
been arriving for some time and much Of
it is in place. Alabama marble from the
quarries near Sylacauga and Talladega is
being used. and it is said to be the most
beautiful that has yet been obtained from
these quarries. The marble for the lobby
on the ground floor is said to be particlg-
larly fine.
The Birmingham age-herald., 1913-08-09
JUDGE LANE WRITES
TO Chief BODEKER
ABOUT IRAFF|CLAW
Says Mail Vehicles Flagrant-
ly Abusing Regulations.
Other Matters Are
Pointed Out

Two resolutions or letters to Chief of Po-
lice Bodeker from City Commissioner
Lane were concurred In at the city COM
mission meeting yesterday, calling atten-
ton to the mistaken Illustration In the
traffic ordinance and to alleged violations
of the ordinance by United States mail
vehicles.
The resolutions as drafted by Cohmis-
sioner Lane are as follows:
Birmingham. Ala, August s, 1913
George H. Bodeker. Chief of Policei
Dear Sir: The traffic ordinance ex-
empts United States mail vehicles from
| its operation, but 1t is the desire of the
city that the postoffiee officials cooperate
with the city in enforcing the important
provisions of this ordinance. Complaints
have been made to this department that
United States mail vehicles, and more
especially the parcel post department
thereof, are fiagrantly abusing the regu-
lations required of other vehicles, and
you will please call attention of the post
master to these complaints with the re-
quest that he issue the necessary orders
to secure the cooperation on the part Of
the United States officials in the enforce
ment OF these traffic regulations. Also
please furnish the postmaster, for his con-
venience and information, several of the
printed copies of this traffic ordinance.
Yours very truly, A. o. LANE,
Commissioner Public Justice"
ITO George III. BodelSer, Chief of Police:
I'm regard to the traffic and motor
vehicle ordinances, you will transmit the
following special instructions to the MEM
bers of the police department, viz;
q. In addition to a strict enforcement
of the speed limit, special attention is
called~to section of ordinance 173-C,
which prohibits unnecessary noises and
the opening of mufflers ON automobiles
and motorcycles, particularly at night.
% Section or Ordinance INC should
be so construed as to permit vehicles to
reverse their direction by turning around
at the end of the block Just short of the
street intersection instead of going on the
intersection to turn around.
"3. Bicycles are not exempted from
carrying lights at night. A. o. LANE
Commissioner Public Justice"
The Birmingham age-herald., 1913-08-09

Following a report made yesterday
by Assistant City Attorney Joe Mud
1t was stated that assurances We're
given the city officials by Judge Will
liam E. Fort, senior Judge of the Grim
inal court, that appealed cases from
the recorders courts would be tried
with greater dispatch in the county
courts than they have been in the past.
In his report TO City Commissioner
of Public Justice A. O. Lane, Attorney
Mudd recommends that If possible a
law be passed authorizing the governor
to appoint a special judge to handle
these appealed cases as by past exper-
fences the ends of justice has been de-
feated in many instances by the bum
glesome delay and crowded dockets of
the county courts Judge Lane talked
to Judge Fort about the matter and
the latter assured the commissioner
that city cases when appealed to the
county court in the future would be
heard more promptly.
Mr.. Mudd's report to Judge Lane con-
tains some interesting data on the
court procedure laws of this state and
especially of this county. 1t follows:
August s. 1913.
Hon. A. O. Lane, Commissioner Pub
lie Justice:
Dear Sir-I herewith hand you a
statement of the disposition of ap-
peals from the recorders courts to the
criminal court of jefferson county for
the current calendar year:
The Birmingham age-herald., 1913-08-09
Life an Ideal One

Gen. e. w Rucker: 1t was intensely
touching to discuss the death of Sem
ator Johnston with General RuclSer. his
friend of two-score years. 1t was Gem
eral Rucker who first introduced the ven
cradle senator to Birmingham when the
latter came here to take<the presidency
of the bank afterwards merged into the
American Trust.
II am inexpressibly shocked and
grieved," said General RuclSer in voice
betrayng the deepest feeling and. emo
ton, For 40 years we have been friends.
l asked Joe Johnston to come here and
go into a bank we organized. He came
from Selma. In all his life he has been
one of the finest gentlemen that | have
ever known. His life was an ideal one
and | know that he died as he would
have wished to die. that is, in harness.
IN the teeth of the battle, on the firing
line. As a soldier, banker, governor and
United States senator re measured up full
well to all demands. He was man of
courage and honor"
The Birmingham age-herald., 1913-08-09
MUDD URGES PEOPLE
TO DECIDE TO BUILD
CIVIC AUDITORIUM
Birmingham Property Own
er, Now in Los Angeles,
Writes to Paschal
Shook

P. G. Shook, chairman of the audi
Commerce working for 100000 bond
issue from the city, received yesterday
from California letter urging the
people of Birmingham to pass favor
ably upon the issue.
The letter was from William S. Mudd
a property owner of this city who is
temporarily residing in California. In
his note Mr.. Mudd says that conven-
tions made Los Angeles and that Bir-
mingham could take no step of such
unquestioned value in his opinion
Let me urge you, says Mr.. Mudd
to Mr. Shook, ITO leave nothing undone
to build the auditorium. AS property
owner of Birmingham | am heartily in
favor of it,. 1t seems to me as prop
erty owners pay the taxes that others
should not oppose the bond issue. The
conventions of the future with your
new hotels will do more than anything
to make Birmingham greater. Conven-
tions made Los Angeles"
Mr.. Mudd, as he indicates, is IAN ex-
tensive property owner of Birmingham
and is deeply interested in the pro
gress and welfare of the community.
Mr.. Shook in commenting upon the
auditorium campaign said the election
which is to be held in the one fol
commissioner to succeed President
Exum is to obtain the fair sentiment
of the voters as to whether the com.
missioners shall call an election for the
bond issue. II the majority of voters
order the commissioners to call an cleo
tion it will be called. Otherwise the
commission will decline to do so. 1t is
the general opinion that IL the elec-
tion is ordered that action will be tan
tamount to passing the bond issue foi
1t is expected that those who vote t,
call the election viii in turn vote Il
issue the bonds and build the audi.
torium.
"The auditorium for this city is al
affair that should and / believe viii
encourage the most thoughtful consid
eration.'' said Mr. Shook. I'VE are ex.
tremely in need of an adequate audi
torum. If the people will vote to cal
the election the commission will S,
order and [ think the issue VIII b.
passed We are only asking for $500
900 and 1t Will be valuable to every.
one interested in Birmingham. witt
tions and other meetings which viii
contribute increasingly to the better
ment of our whole city.
The committee from the Chamber o
Commerce will, 1t is understood. launcl
a whirlwlnd campaign for votes abou
/, two weeks before the election. whicl
will be held September 15. 1t is taker
that active work will start for th,
election about September
The Birmingham age-herald., 1913-08-09
HEARTFELT TRIBUTES
ARE PAID TO MEMORY OF
SENATOR ]. F. JOHNSTON

ham lying north of the center of Morris
avenue, from Seventeenth street to Twen-
ty-second street and south of the north
side of Fifth avenue. from Seventeenth
street to Twenty street; west of
the east side of Twenty second street,
from Morris avenue to Fifth avenue, and
east OF the west side of Seventeenth
street, from Fifth avenue to Morris ave-
nue..
And II shall be unlawful TO cause or
permit any vehicle of any kind, within
the above described area, to be placed or
stationed in that part of the street which
lies opposite any main entrance or en-
frances of any office building, public
building, hotel, theatre, church or bank
and between the curb nearest the main
entrance or entrances of said building or
buildings and the center of the street; or
to cause or permit any vehicle of any
kind TO be placed or stationed in that part
of the street lying within 1Tls feet from
the intersection of the curb and llne
drawn perpendiculahly TO 1t from the CEN
ter of any main entrance of any office
building public building, hotel, theatre,
church or bank; provided that nothing in
this section shall be so construed as to
prevent the temporary stopping necessary
in getting out of or into a vehicle or OF
loading or unloading it.
The Birmingham age-herald., 1913-08-09
Real Estate Transfers

Deeds were placed on record yesterday
IN the office of the probate court show
Ing the following transfers of property,
THE consideration being $1,000 or more:
$500-Percy w. Bower to Joe Goldstein.
part of lot /, block d, Anderson Place,
In the city of Birmingham; also eastern
So feet of lot 2, block D, of the survey
of Anderson Place.
sl100-A. S. Leath to Herman Hentschei.
lot %. block 1876, according to the Elyton
Lard company's map and survey of Br-
mngham.
$l9O0-Lawrence Agee to Charlie Arbet-
ter, the south so feet of lot 3. block %. of
property belonging to the estate of J..
M Ware.
slooo-Mary o. Walters to Joseph Coul-
bourn lot Is. in block 25 of the first sub
division of Corey
s2ooo-Thomas Mclaughlin to c. FL.
Puckett, lot 10, block c. of p. G. Kings
addition to Avondale
s7000-T. J. Larkin TO II. A. Drennen.
parts of lots and 5. block Ss2. accord
ing to the Birmingham Realty company's
third addition to the city of Birmingham.
si200-N o. Tyler to W. O. Lunsford,
Jrp iot ana south flVe feet of lots 9 and
,, in block 6s, according to the plans
of the city of Birmingham.
$1,000. c. Wright to E. A. veitch and
5 John Granger, Jr., lot and northeast
half of lot 3, in block 10, according to
the map and survey of the first addition
: to North Johns.
sl35o--J l.. Kelly to Simon Israel, lots
IL and IA, in block a. in the subdivision
of Woodlawn Heights.
$6o0o-R. b. Coleman to Harriet Searight.
lot of the r. 3. Coleman subdivision of
lot 4. block "a, Phean's addition.
$o9O0-Atlas Realty company to w. G.
Lunsford. Jr. west 45 feet of lot /, block
g. according to the survey of Bevedue
Place.
sloo0-C. C. Dickens to ]. T. Russell, lot
: is, in block 1853. as mapped out and re-
corded by the Bessemer Land company In
the city of Bessemer.
The Birmingham age-herald., 1913-08-09
A I.oyabje Character

Frank b. Fowlkes: II was deeply
shocked to hear of the death of Sem
ator Johnston said Mr.. Fowlkes. 81
was apprehensive as to his condition
when | read in the morning paper that
he was suffering with pneumonia. lie
was rather elderly and l surmised that
unless he was extremely fortunate he
would perhaps pay The maximum toll
of that terrible ailfnent.
Senator Johnston was one of the
truest and most honorable men this
state has produced. He was lovable
character. His public and official rec
ord is unblemished. I know that his
life's work will live In Alabama his
tory This city and state will mourn
his taking away as perhaps no de-
ceased leader in many years.
The Birmingham age-herald., 1913-08-09
JOHNSTON'S DEATH
VETERANS
Was an Active Member of
Camp Hardee-SpeciaI
Meeting Today

Members Of Camp Hardee. United Con-
federate veterans. are deeply grieved at
the sudden death OF Senator Johnston,
who at the time of his death was an
active member of the camp and had
served as commander. A call for spe-
ciai meeting has been issued by Com
mander r A. Hamilton to all members
of the camp. asking them to be present
this afternoon at o'clock at the audi
torium Of the Chamber of Commerce to
make arrangements to attend the funeral
Sunday.
The senator was close personal friend
Of many Of the members OF Camp Har-
dee and had taken great interest in
its affairs. Capt J. Lawler Darby states
that Senator Johnston was one of the
most loyal and greatly beloved members
of the camp.
The Birmingham age-herald., 1913-08-09
Appealed Recorders Court Cases
To Be Handled With More Dispatch

appeals pending during term from
January / to July 1, 1921.
appeals disposed of since January
/. 45S.
appeals now pending, 563.
convictions, forfeitures and cases
settled, 291.
"Acuutttals and nolle pressed, 167.
Percentage of convictions, forfeit
lures and settlements, 631s per cent
Percentage of aequittals and nolle
pressed, 36is per cent.
Gases tried, 81.
convictions, A.
"Acquittals, 40.
Percentage of convictions. So per
cent.
I'm this connection 1t is proper to
state that many of these cases are
several years old and the witnesses
have scattered, and the arresting Of
ficers have not only forgotten the facts
but in some cases are even unable tc
identify the defendants. Under the law
the city is not liable for court costs in
these cases and, owing probably to this
fact and the further fact that the dock
ets are cluttered and clogged with state
cases, the city has been unable to get
more than two or three settings OF
cases a year. so that conditions are
not as satisfactory as they might be
under more favorable conditions.
Il would suggest that if a law could
be passed authorizing the governor to
appoint a special judgel to assist in
trying these city appeals, 1T would be
possible to dispose of all these old
cases so that all future appeals could
be more promptly and effectively prose
cuted. Respectfully submitted.
JOSEPH MUDD,
Assistant City Attorney and Elk Of
ficio Prosecuting Officer
The Birmingham age-herald., 1913-08-09
LETTERS TO EDITOR
Filling the Senatorial Vacancy

To the Editor of The Age Herald:
In view of the very unusual situation
presenting itself with the death of Sen
ator Johnston, and the fact that lawyers
and laymen are advancing the seemingly
incontrovertible proposition that by rea-
son of the operations of the seventeenth
amendment to the constitution of the
United States recently adopted by three
fourths of the states, the governor of
Alabama cannot appoint a successor to
Senator Johnston | desire to present an
aspect of the case that does not accept
this construction of the law as applied
TO the situation.
II will be granted by everyone that but
for the seventeenth amendment the gov
ernor could fill the vacancy; making
Temporary appointment until the next
meeting of the legislature, which shall
then fill such vacancies according to
the old law.
The new amendment says: when va
cancies happen in the representation of
any state in the Senate. the executive
authority of such state shall issue writs
of election to fill such vacancies; pro-
vided, that the legislature of any state
may empower the executive thereof TO
make temporary appointments until the
people fill the vacancies by election. as
the legislature may direct" and
This amendment shall not be so con-
strued as to affect the election or term
of any senator chosen before IT becomes
valid a part of the constitution
The state of Alabama cannot be denied
representation In the United States SEN
ate for 30 days or more. in my humble
judgment. under the clause. ''or term of
any senator chosen before 1t becomes
valid as a part of the constitution" SEN
htor Johnston's term does not expire until
1915. The legislature of Alabama has not
met in regular session since the adoption
of the amendment. 1t cannot come to-
rether except upon the eall of the gov
ernor There must be legislative action
before the term beginning 1915 can be
filled; before a popular election is held
for putting into operation the machinery
necessary to comply with the new amend
ment.
A good way to settle the question quick
" would be for the governor to name
successor to Senator Johnston and let
the Senate pass upon the question If
not, during very important time in leg
islative halls, Alabama will be deprived
Of one vote, and the representation she
Is entitled TO. And the democratic party
needs that one vote very much, too, with
the Senate As to a on the Underwood
Simmons tariff bill now pending In the
Senate PERCY CLARK
Birmingham, August 8, 1918.
The Birmingham age-herald., 1913-08-09
Life's Work an Inspiration

Joseph o. Thompson: MY friendship
with Senator Johnston has extended
over many years" said Mr.. Thompson.
Il always found him an honorable pub
lie servant in whom one could safely
repose the highest trust. This whole
state Will miss Captain Johnston. His
life's work is an inspiration to the
youth of Alabama. He fought many
battles, he waged his contests clean,
and he fell asleep calm and unafraid.
His death so peaceful and wonder
ful was, | know, like he would have
chosen. He served the people who hon
ored him to the last and has quilted
his labors in honor.
The Birmingham age-herald., 1913-08-09
Public Man of Best Type

Henry b. Gray, former lieutenant gov
ernor: "The death of Senator Johnston
removes a public man that was of the
best type" said Governor Gray. For
many years ! have known him and his
friendship and acquaintance were d mat
ter of pride to younger people re-
garded Senator Johnston as man of
whom the whole state could well be
proud and this whole state mourns his
loss. He leaves a precious heritage, a
stainless public administration of affairs
that the highest could be proud of. |
deeply regret his sudden demise."
The Birmingham age-herald., 1913-08-09
A Christian Gentleman

Rev. Willoughby Newton Claybrook
The Rev, Mr. Claybrook, rector of st.
Mary 's-on-the-Highands Episcopal church
was deeply touched over the death of
Senator Johnston. The senator was a
vestryman of st. Mary's church and had
been associated with that church for
many years.
Senator Johnston" said Mr.. Clay
brook, was one of the organizers of
the ST Mary's church. He always, when
here, lent his counsel to our church af-
fairs. He was a consistent Christian
gentleman in whom one always found
the sweetest counsel and encouragement.
/ was deeply shocked to hear OF his
death. He was public servant of the
ideal type and in whom, no one will
doubt, this state and city and nation
have lost a grand soldier"
The Birmingham age-herald., 1913-08-09
Served Country Well

John l.. Parker. II have known SEN
ator Johnston many years. said DIR
Parker Few men possessed his high
sense of duty and his unquestioned in
tegrity in public affairs. He has served
his country in war and peace; has has
measured up to the highest expecta-
tions
Senator Johnston was man tha;
this state could well feel proud of He
reflected all that was noble and hon
orable upon the people that llonored
him"
The Birmingham age-herald., 1913-08-09

In all probability the Fourth infantry
regiment. Alabama National Guard.
now in camp at East Lake. will be
selected by Governor oNeal as mil
itary escort at the funeral of the late
Senator Joseph f. Johnston, which will
be held in this city Sunday. In addi-
ton to his distinguished record as a
The Birmingham age-herald., 1913-08-09
"One of Staunchest and
Most Faithful Men of
Affairs in the Dis
trict" Harding
"HE DIED AS HE WOULD
HAVE WISHED, ON THE
FIRING LINE "-RUCKER
'.The State Loses a Great Man
Garber-"He Leaves a Precious
Heritage of Stainless Public
Administration of Af-
fairs"-Gray

Many were the heartfelt tributes paid
Senator Johnston yesterday by men with
whom he has been in constant associa-
tion for the past 20 years. He was spoken
of in the warmest terms as a lawmaker,
as an executive and as a business man.
Senator Johnston had endeared himself
to every man with whom he came In
contact and when the news of his COM
paratively sudden death became known
a wave of sadness swept over the city.
Some Of the expressions heard yester-
day follow:
The Birmingham age-herald., 1913-08-09
VIII Be Sorely Missed

p G. Shook: 'I was a great admirer
of Senator Johnston" said Mr.. Shook.
sHe labored increasingly for his state.
He wasaa leading man among the dem
ocrats. He was honored by all his as
sociates. His public life was of honor
and integrity. The city of his home
and the state can well pause moment
and pay him honor He Will be sore1y
missed"
The Birmingham age-herald., 1913-08-09
Reflected Honor on State

loses a great man in Senator Johnston"
said Colonel CARRIER. His administra ton
of state affairs when governor was char
acterized by efficiency and honor. His
death robs this state of leader and
public man of unquestioned and stainless
honor. He was a chivalrous gentleman
of the old type that reflected honor and
lustre upon his native state
The Birmingham age-herald., 1913-08-09
FOURTH REGIMENT MAY
ACT AS MILITARY ESCORT
AT JOHNSTON FUNERAL

brave Confederate soldier, Senator
Johnston is a past commander In chief
of the National Guard of Alabama and
was always Interested in its welfare.
The Suggestion has been made that
1t would be fitting for the regiment
now in the city to attend the funeral
Of the late senator and render the
usual military honors.
The Birmingham age-herald., 1913-08-09
Will Live in Alabama History

w. p. G. Harding: I'm the death of
Senator Johnston Birmingham suffers
deeply" said Mr.. Harding For many
years he has been one of the staunchest
and most faithful men of affairs in this
district. He has served his city, state
and nation with unfiagging zeal and in
tegrity and we mourn his taking away.
As banker, Industrial man, governor.
senator and citizen he measured up to
the highest ideals and will live in Ala
bama history as a courageous and effi-
eient public servant"
The Birmingham age-herald., 1913-08-09
ADJUSTMENTS
At the Orpheum

The Saturday matinee at the Orpheum
today will probably be well attended
1.-THE Girl from Dublin is the offering
There is a performance tonight at 73(
and another at 3 o'clock. completing the
weeks engagement.
The Birmingham age-herald., 1913-08-09
ri. Rc.t Hot xyeatb.r Tonic

GROVES TASTELESS chill TONIC en-
riches the blood, builds up the whole
system and will wonderfully strengthen
and fortify you to Withstand the de-
pressing effect of the hot sun mer. soc.