davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1914-01-31
AID CULB MEETING
Plan to Make Canvass of City to De-
termine Circulation of Papers

The directors of the Birmingham Ad
club and the representatives of num-
Der of the business houses of the city
met yesterday at ! o'clock for a lunch
con at the German cafe of the Empire
hotel. Among the subjects discussed was
that of determining the exact circulation
of the three daily papers within the con-
fines of Birmingham. A committee was
named to investigate the matter and
it was decided to employ canvassers to
make house to house survey
The committee which has the matter
in charge is headed by Jerome X Sterne.
advertising manager of Loveman, Jo-
seph & Loeb, and with Mr.. Sterne on the
committee are l.. Block of the Partisan
company, Philip Oster of Oster Bros. Fur
niture company, w. S. Shenberger of ].
Blach & Sons. Two bids to do the
canvassing have already been received
and Mr.. Sternes committee will inves-
tigate the amounts named in the bids.
with view of determining just what
would be the right amount to charge
for such work.
The returns are to be made accord
ing to sections, in order that the adver-
tiser might know just how many copies
of the paper In which he advertises go
to a certain section of the city.
The Birmingham age-herald., 1914-01-31
CHANGES MADE IN
VOTING PLACES
Hillman Box to Be at Fair Grounds.
Fairfield and Dolomite Voting
Places in Precinct

Changes In the voting places of pre-
cints and 8 We're authorized yester-
day morning by the board of revenue
and a change in precinct Az was de-
ferred to a. later date. Precinct ,, one
of the oldest beats in the county, has
two voting places, one at Elyton and
one at Hillman. For the better con-
venience of large number of voters In
the latter box, the voting place has
been changed from Hillman to Fair
view (fair grounds). The box at Elyton
remains unchanged. Precinct has two
voting places at present, Rutledge
Springs and Cottage HILL These places
have been changed TO Fairfield and
Dolomite respectively
The board also received the report
of the new Jasper road and the con-
demnation of the proposed right of way
will be heard before the board on Feb
ruary 10. 1t will be recalled that the
government ordered the board to either
raise the bridge across the Warrior
river at the Jasper road ford or to in
stall a drawbridge. The board decided
to build new bridge at different
point and appointed reviewers to esti-
mate the value of the new right of way,
who made report yesterday.
The Birmingham age-herald., 1914-01-31
STEWART FAILS TO
IDENTIFY GAFFNEY
At JOHN DOE PROBE
Confronted With Man Who
He Claims Attempted to
ExtOrt Contribution.
Stewart Not Sure

New York January 30-James c. Stew
art, confronted today in the office of
District Attorney Whitman by James E.
Gaffney, political associate of Charles
F. Murphy. failed to identify him as the
''Mr. Gaffney,' who, he recently testified
attempted to eXtort a political contribu-
ton of $4,000 from HIM as the price of
obtaining a contract for the construction
of a section of the state canal
This Identification was wanted by the
district attorney to complete the case
which he has presented against Gaffney
to the grand jury.
Stewart did say, however, according to
Mr.. Whitman, that he believed the man
who came to him was James e. Gaffney;
that he had so informed his attorneys
United States Senator James A. O'Gor-
man and George Gordon Battle, and thai
he had gone to Charles f. Murphy at
Tammany Hall and told him that James
e. Gaffney wanted money from him in
connection with the contract. He asserted
further that Murphy had said to him
TN look into it
Whitman staged the meeting of the two
men as a little drama to precede the
calling of Stewart before the grand Jury.
Each came to the district attorneys Of
flee at his Invitation without knowledge
that the other would be present and they
were taken to separate rooms. Gaffney
arrived first and was asked whether he
would like to meet Stewart. He con-
suited with counsel who had accompanied
| him and then assented to the meeting,
Stewart then was informed that Gaffney
! was present and Immediately was brought
! into the room The district attorney in
! troduced them and then asked Stewart
IL he had ever met Gaffney before.
| i don't think that is the man. said
| Stewart Il cannot be sure. | wouldn't
| say positively that it was not but 4
| can't say that 1t was.
| Gaffney then was asked by the district
attorney if he had ever seen Stewart bee
| fore. Gaffney again consulted with his
| counsel and declined to answer the oues-
! ton. Mr.. Whitman then asked if hs
was willing to sign a waiver of immunity
and go before the grand jury This also
! Gaifney declined to do or the advice of
| counsel and left the building
| Stewart was before the grand iurv
more than two hours. It was understood
he repeated to the sjury what he had
told the district attorney. When he came
out he was heard to say to Mr.. Whitman
with his hands ON the prosecutors shoul.
ders:
I'm sorry. Mr.. Whitman, but cant
| remember him."
The Birmingham age-herald., 1914-01-31
COMMITTEE MAY
TERMINATE SPEER
HEARINGS TODAY
Witnesses Testify as to I'm
fair and Arbitrary Con-
duct of Accused
Official

Savannah. January 30-With less than
a dozen witnesses yet to be heard, MEM
bers of the special congressional commit
tee which is here investigating charges
of official misconduct on the part of Fed
eral Judge Emory Speer, of the southern
district of Georgia, tonight announced
that they expected the hearings to ter
inmate late tomorrow
Witnesses today testified to numerous
acts of Judge Speer which they charged
We're unfair and arbitrary. Much of to-
days evidence dealt with bankruptcy
cases tried before Judge Speer, in which
it was alleged he had allowed exorbitant
fees to the law firms of Talley & Hey
ward and Isaac & Hayward, in both of
which concerns A. II. Hayward, Judge
Speers son-in-law, was a partner
Charges that Judge Speer, without JUS
tification, threw several concerns of Way
cross, Ga, into bankruptcy when fees
to the law firm in which his son-in-law,
Mr. Heyward, was a partner, We're con-
tingent upon such a course, were made
by w. W. Lambdin, IA Waycross attorney.
The witness said Judge Speers action
Hds NdS lIlutitllSlpIcs III his oplIllOil, bS-
cause creditors of the affected concerns
stood ready and willing to effect an ad-
justment' Mr.. Lambdin said that busi-
ness concerns feared Judge Speer." each
anticipating that it might be the next
victim
Y. Il. Padgett, an attorney of Baxley,
Ga, corroborated much of the testimony
of Mr.. Lambdn regarding bankruptcy
suits tried before Judge Speer. Jacob Gaz-
an. member of the Savannah bar, and
also one of the attorneys interested in the
Waycross bankruptcy cases. gave tes-
timony similar to that Of previous wit
nesses today. In the matter of the Gray
Lumber company, one of the concerns
for which Isaac & Hayward were ap-
pointed receivers, MIR. Gazan charged that
Max Isaac of Brunswick, Ga, represents
ing three small creditors, positively re-
fused to consider a settlement of these
claims, so that the Gray Lumber company
could be relieved of bankruptcy proceed
ings."
Judge Speer. with his attorneys. today
worked hard preparing his detailed reply
to testimony offered during the hearings,
and it was announced tonight that he
probably would file this reply with the
commmttee tomorrow.
Chairman Webb tonight refused to dis
tee report to the House." and said that
neither he nor his colleagues had talked
over the matter in detail as yet.
The Birmingham age-herald., 1914-01-31
Edgar NJ. Cullen Addresses
Bar Association on Mod
ern Tendencies of Courts
and People

New York. January s0-Military inter-
Yention in civil affairs, with the sanction
of state governments. and modern politi-
cal tendencies generally have fostered in
courts, in legislatures and in the people
themselves a disregard for the most fun
damental principles of human rights,
claimed Edgar NJ. Cullen, former chief
judge of the court of appeals of New
York, in an address tonight at the an
nual meeting of the bar association.
Speaking of recent cases in which mill
tary power had usurped the rights of civil
authority, judge Cullen said:
Il had always believed that the subor-
dination of the military power to the civil
was an axiom in a free country and the
first cases to which ! shalt call your at
tention involve population of these
principles. They arose in the state of
West Virginia in 1912. There had been
great violence and disorder during a
strike on the part of the coal miners, and
the law had been openly defed. The gov
ernor of the state suspended the writ of
habeas corpus and declared by proclama-
tion state of war TO exist in portion
of the county of Kanawha. The civil
courts of the county were open and unob-
strueted, the county town in which they
were held being outside of what the
courts of that state have called the mar
tial zone The petitioners had been tried
and sentenced by military commission
The Birmingham age-herald., 1914-01-31
S4,2S9.29 PROFITS
FROM DISPENSARY
Number of Sales at Huntsville During
December 27,S10, Amounting to
Over $23,S00

Huntsville, January 30.-(Special)
The Huntsville dispensary. which is the
only legitimate source of supply of
liquors in Madison county is money
maker. During the month of Decem-
Der the profits amounted to s42S9.23.
The report of j. NJ. Phillips. dispenser.
shows that from December / to De-
eember 81 the number of sales was
2z,S10, amounting to s23,S6470. the daily
average being s9S322 The largest day S
sales was on Christmas eve when
s299S 10 was taken in. The dispensary's $
profits from the opening until the last
day of January have amounted to the
sum of s101.432.26.
A writ of habeas corpus has been
granted by Judge Ballentine of the law
and equity court to r. e. Smith, at
torney for p. l.. Kincaid. the young
man from Key West. Fla. who is be-
ing held here for the Key West Off
cials who want him on a forgery
charge. Kincaid resisted the trip back
to Florida and requisition papers were
sent for. They came a few days ago.
Attorney Smith asked for writ of
habeas corpus on the grounds that the
requisition was improperly issued and
copy of the indictment was not re-
turned with the paper. The state has
appealed from Judge Ba1lentine's de-
cision and Kincaid is held in Jail. The
prisoner is now wanted in North Car
olina on a criminal charge and will be
Immediately rearrested II released.
William Ballard. a workman on the
new county courthouse. was arrested
yesterday and taken to Scottsboro by
Deputy Sheriff Hackworth of Jack
son county Hackworth said there is a
oh Ral1ar1 hp
real reason he is wanted is that he
is believed to know something of the
holdup of the Southern train last Fri
day night.
The Birmingham age-herald., 1914-01-31
WESTERN UN|ON-L.
& N. SUIT NEARS END
Judge Pugh Will Hear Ar
guments in Condemnation
Proceedings Monday

Evidence in the preceding filed by
the Western Union Telegraph company
seeking to condemn a right of way
along the railroad tracks of the Louis
Vile and Nashville Railroad company
was concluded yesterday and an ad-
journment was had until Monday aft
ernoon at o'clock when the arguments
will begin.
The case has been on trial in the city
court for nearly two weeks with Judge
John c. Pugh presiding. The litigation
involves a large amount as right of
way for the poles and lines of the
telegraph company along the tracks of
the railroad company is involved. The
case has been tried before a jury which
was excused until Tuesday morning as
Judge Pugh will decide the question
of the right to condemn and If the
petition is granted the jury will de-
termine the damage IL any.
The Birmingham age-herald., 1914-01-31
News of Ensley

The debate between the Thalian and
the Delphian Literary societies of the
Ensley High school was won by the
Thalian before the students and a num-
ber Of prominent citizens yesterday aft
ernoon in the High school auditorium.
The debaters were Miss Ruth Davis and
Miss Helen Armstrong Of the Thalian,
who took the negative side; and Cor
con Palmer and Joseph Kantor OF the
Delphia, the affirmative. The subject
was. Should Capital Punishment Be
Abolished?" Strong points were brought
out on both sides and 1t is said to
have been one of the best debates ever
held in the high school, The judges
were the Rev. George l.. Jenkins, NJ
II Mcdowell and d. j. F'lummer, who
voted two to one in favor of the neg
ative. An interesting programme was
carried out. which included an inter-
esting talk by Eugene Freeman on
THE Life Of Robert E. Lee" and p
The Birmingham age-herald., 1914-01-31
]0HNHOWEPEYTON
rendered BANQUET
AT HUNTSVILLE
President of NJ, C. & St. l..
Speaks Encouragingly of
Contemplated Improve
ments Along System

Huntsville. January 30.--(Special)
President John Howe Peyton of the
Nashville, Chattanooga and st. Louis
railroad made his first visit to Hunts
vile since taking charge of the road
and was entertained at an elegant ban
quiet last night by the business men
of Huntsville.
Mr.. Peyton in responding to toast
spoke most encouragingly OF contem-
plated improvements in the system en-
braced by the Nashville Chattanooga
ana st. Louis. He said there are three
essentials in the building up of a
country, agriculture, manufacturing
and transportation He has plans in his
head for the promotion of agriculture
by the operation of experiment sta
ticns at various points on the lines un-
der his control and will do everything
possible in the promotion of new man
ufacturing enterprises in the terri
tory served by his road. He believes
that a new era is dawning in this sec
tfon and that the south is about to
become one of the richest sections OF
the United States.
Joseph j. Bradley, agent of the Mer-
rimack Manufacturing company, was
toastmaster at the banquet. which was
attended by about 125 business men,
Nashville, Chattanooga and st. Louis
| railroad as follows: Charles Barham,
general freight agent; Hunter McDon-
old, chief engineer;'D. B. Carson. gen.
eral freight agent, and G. d. Hicks,
division superintendent
Toasts were responded to by State
Senator r. E. Sprag gins. Charles Bar
ham. Commissioner j. d. Humphrey,
Hunter Mcdonald and w. S. Frost.
Senator Spragins, local attorney for
the railroad, made prophecy that
within short time the road would
build a standard trunk line from Dech-
erd via Huntsville, Gadsden and Rome
| to Atlanta and that a. fine bridge would
be puilt over the Tennessee river.
Hunter Mcdonald ventured the pre-
diction that the railroad would soon
| have its passenger station near the big
spring property along the entire north
side of the spring branch having re-
Gently been acquired by the company.
The Birmingham age-herald., 1914-01-31

eept southern Alabama, Tennessee and
Kentucky, the change ranging from 70
to 80 degrees in all of the states named,
except southern Alabama. Generally
fair and warmer weather prevailed over
Texas and Oklahoma, and also over the
Atlantic coast states. Freezing temper
atures were reported in Louisiana, west
ern Tennessee and Kentucky at Z p. m.
Snow was falling in western Texas and
seet in southern Missouri.
There has been a general rise In tenn
peratures over northern and western por-
tions of the country and moderate condi-
tions prevailed in all sections except the
northern lakes. Rather unsettled weather
extended over most sections east of the
mississippi river during the past "A
hours.
Summary of observations made at
United States weather bureau stations:
Temperature
The Birmingham age-herald., 1914-01-31
Local Data
Weather Conditions

Birmingham, January 30.-G p. m)-An
area of low pressure, forming in the GEN.
trail gulf has caused general rains
throughout the gulf and southern states
south of the Ohio river during the past 2.
hours, Its central area overlies Tennessee
on the map tonight, and its influence over
the gulf states is already giving way te
an area of high barometer which overlies
eastern Texas. The high" has caused
sudden fall in temperatures over Mis-
sissippi, Alabama, Tennessee and Ken
lucky, the change ranging from 20 to 81
degrees in all of the states named, ex-
The Birmingham age-herald., 1914-01-31
Suits Filed

Following were among the suits filed
yesterday in the city and circuit courts:
George f. Barton VS.. Fred J.. Bender,
$1,000 damages claimed for an alleged
breach of contract.
John Rogers VS.. ST. Louis and San
Francisco Railroad company. $500 DAM
ages claimed for alleged personal injuries.
II. N. Gill VS.. Alabama Great South
ern Railroad company, $4,000 damages
claimed for alleged personal injuries
VIII Smith We. Gulf States Steel COM
pany $1,000 damages claimed for alleged
personal injuries.
j. W. Rawley VS.. Birmingham Rail-
way. Light and Power company 5000
damages claimed for alleged personal In
juries,
Otney J. Moss VS.. Birmingham Rail-
way, Light and power company, $1O0t
damages claimed by plaintiff, failure to
give change alleged.
Robert Kinnard VS.. Alabama Great
Southern Railroad company. 5000 dam
ages claimed for alleged personal in
juries.
The Birmingham age-herald., 1914-01-31
Weather Forecast

Washington, January 3O.-Forecast for
Alabama: Fair, much colder Saturday;
Sunday fair.
For Georgia: Fair south, clearing north
portion Saturday, colder; Sunday fair.
For Tennessee: Clearing Saturday,
colder central and east portion; Sunday
fair warmer west portion.
For Mississippi: Fair Saturday and
Sunday; warmer Sunday.
The Birmingham age-herald., 1914-01-31
GRAY Continues at Large

Lyerly, Ga, January 3o.-(Special. like
Gray, who shot and instantly killed En-
nett Maxey at Summervile Sunday, has
not as yet been apprehended. Sheriff
NJ W. Wimpee, however, is spending this
week in Alabama, where he believes Gray
will seek aid from relatives.
The Birmingham age-herald., 1914-01-31
Parker Resting Well

The condition of Marvin Parker the
15-year-old son of Mrs. Joseph Parker OF
2527 Avenue G, who was struck by an
automobile and severely bruised Thurs
day night. as he was alighting from a
street car. was reported at st. Vincent s
hospital to be excellent. The accident
fractured one of the boys legs. Accord
ing to the police report of the accident
made yesterday morning. the automobile
was driven by S. d. Baker of Greer
Springs.
The Birmingham age-herald., 1914-01-31
MILITARY INTERVENTION IN
CIVIL AFFAIRS ATTACKED BY
FORMER NEW YORK JUSTICE

They sought the release on habeas cor
pus, which was denied them by the su-
preme court of the state by a divided
court.
Constitution Defied
This. said Judge Cullen, had been done
in defiance of the constitutions of the
United States and West Virginia, the lat
ter providing that the military shah be
subordinate to the civil power, and no
citizen. unless engaged in the military
service of the state. shall be tried or
punished by any military court for an
offense that is eognizable by the civil
courts of the state"
In such cases. said the speaker, "the
constitutional guaranty of life liberty
and property have ceased to be operative
and efficacious." The practice placed the
life and liberty of every citizen of state
at the mercy of the governor, who might
declare a state of war whether conditions
justified the step or not. The decisions
of the courts dealing with the cases ex-
allied the military power beyond any
height hitherto known in this country"
Questions Value of Law
The speaker also questioned the value
Of a Minnesota law which provides that
details of the execution of a criminal
shall not be printed in a newspaper when
the constitution says: The liberty of
the press shall forever remain inviolate.
lie argued that incompetency or brutal
ity on the part of the officer charged
with tho execution could under the cir
cumstances be brought to the attention
of the public.
Judge Cullen cited a recent decision of
a Minnesota court, which held that an
action would lie against a rich man who
opened a barber shop with the motive of
injuring another and not for the sake of
his own profit. Under this ruling, he
said 1t would be possible to proceed
against an automobile manufactures who
recently admitted his employees to share
in his profits. because other manufac
turers might claim the example was eX
citing their employees to discomfort which
might lead to strikes.
The Birmingham age-herald., 1914-01-31
DEVELOPMENTSOF
WEEKFAVORABLE
Improved Sentiment Basis
for Cheerful Reports
DRY GOODS ACTIVE
Orders for Immediate Delivery Are
Steadily Increasing-Turning
Point in Iron and Steel
About Reached
DRY GOODS ACTIVE

New York. January 30.-Bradstreet's
tomorrow will say:
Most developments of the week are
favorable. though it is evident that i'm
proved sentiment rather than actual
expansion of demand is the basis for
many cheerful reports.
Following the exhibition of exigent
buying to replenish broken stocks,
there has come in many lines a eau
tious, almost slow, enlargement of op-
Grafton, which marks the continuance
of the conservatism that has eharae-
terized trade for several years past.
There is, however, no apparent di-
munition of the tone of optimism.
which bids fair to find expression in
more active buying when the fun ef-
fects Of the ease in monetary affairs
filters down and enters the usual spring
season of industrial and commercial
expansion.
Business failures for the week were
45S, which compares with 361 in 1913
Wheat exports for the week aggre-
gated 3,717,67S bushels, against 5.S7O,-
s16 last year.
New YORK, January 3o.-Ihe weekly
review of r. G. Dun & Co. tomorrow
will declare:
Recent improvement in business con-
ditions is in some measure sentimental
and certain branches of trade and in
the same connection industry have not
shared in the forward movement to any
appreciable extent.
Summed up briefly the situation con-
tinues irregular although there is tan
gible reason for the better feeling pre-
valent.
Noticeable revival of activity has
occurred in some mercantile lines and
this is especially true of the leading
dry goods markets in which prospects
appear quite favorable.
Conservatism is manifest where dis
tant purchases are involved but orders
for immediate delivery are steadily in
creasing.
Jobbers are anticipating a satisfac-
tory season, while manufacturers of
both cottons and woolens are we'll en-
gagged as a rule ahead.
Developments in wool have encour.
aged holders as the demand is brisk
and the tendency of values upward.
fact that the turning point in iron and
reached.
The failures this week numbered S95
in the United States, against 345 last
year and 63 in Canada compared with
2S one year ago.
The Birmingham age-herald., 1914-01-31

The marriage of Miss Rhodi
nedy to Mr.. Samuel Ellis was :
lied at the home of the bride
ents on Avenue ID and Twent
street Thursday night In the
of a large number of friends a
atives of the young couple. The
ring ceremony was performed
Rev. T. p. Hay. pastor of the
Presbyterian church.
The Birmingham age-herald., 1914-01-31

Yesterday morning in the inferior
court Frank Brooks, negro, was
bound over to await the action of the
grand jury on s300 bond on a charge
of assault with weapon. 1t is alleged
that he struck another negro over the
head with a pistol. and threatened to
Kill him.