davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1916-02-11
CANNOT SET ASIDE
 TAX ASSESSMENT
State Body Cannot Reassess After Expiration of the
 Current Year

Montgomery, February 10.-(Special) In rendering a decision to the effect that the state board of equalization can not set aside assessment made by county boards, after the expiration of a current year, the supreme court invalidated a and affirmed the judgment of circuit court of Jefferson county. The decision of the supreme court was handed down in the case of the state vs the Doster- Northington Drug company of Birming- ham.
 The case grew out of an effort of the state tax commission in 1914 to set aside
 the assessment made by the Jefferson county board. The Doster-N burlington Drug company had agreed upon the as- sessment made by the county board. The tax commission then attempted after the assessment had been made for the cur rent year, to reassess the company. The case was first tried in the circuit court, and the judgment of that tribunal was affirmed by the higher court today In deciding the case against the state, the supreme court, however, knocked out recent decision of the court of appeals. That court several days ago rendered a decision in, the case of the Blacksher Lumber company of Mobile to the effect the state taxing authority could re- assess property after the expiration of the current year.
 The court of appeals this afternoon withdrew it's decision in the Blacksher lumber case.
The Birmingham age-herald., 1916-02-11
ROCHE FOUND OUT
 II WAS MISTAKE City Health Inspector in Au- gusta Tested Out Natural
 Vitalitas

MT. William M. Roche, for three years inspector for the board of health department of Augusta, Ga, makes some interesting comments regarding natural Vitalitas. Perhaps every busi- ness man in Augusta is acquainted with MT. Roche and he has a wide ac- quaintance throughout the south.
 In an interview MT. Roche stated he thought he had a hopeless case of in digestion, had suffered for a year and had found nothing to give him relief until upon advice he decided to try Vitalitas, then he took the Vitalitas treatment and soon found that his case was not hopeless. MT. Roche adds: ''I can truthfully recommend this remedy to anyone who needs a tonic for in digestion"
 Thousands of people throughout Georgia are daily finding relief and cure from chronic disorders, not only of the stomach, but of liver, kidneys and blood as well in the use of this marvellous product of nature. There is no man-made medicine that equals Vii talitas. It should be in every hoEe.
 You can get Vitalitas at Averyt's drug store, 109-111 20th st; also for sale by Pegram Patton Drug Co.,, Bes- sener, and all other druggists,-Adv
The Birmingham age-herald., 1916-02-11
MAYOR DECLINES
 TO CALL ELECTION

Huntsville February 10.-(Specia1.) Mayor Milton H. Lanier has issued al card declining to call special election for the purpose of permitting the voters to decide whether they wish the city toI return to the aldermanic form of gov ernment MT. Lanier states that he has been advised by the city attorney. David A. Grayson; R. E. Smith, Cooper & Coop CT and other lawyers, that the act relat- ing to the abandonment of commission government Is unconstitutional. and he fears that if the commissioners would turn the affairs of the city over to al mayor and aldermen their successors would have no legal authority to act. Mayor Lanier declines to call the special election unless ordered to do so by al court. The next move is up to the peti- tioners who recently filed petition with the probate judge asking that special election be held.
The Birmingham age-herald., 1916-02-11
SELMA PRIMARY TO
 BE HELD MARCH 16

Selma, February 10.-(Specal)-The city democratic executive committee this aft ernoon decided on March 16 for the city primary, at which there will be elected a mayor president of the city council and 10 counclmen
 Louis Benish. present mayor, and Wad- kins M. Vaughn, are candidates for the mayors office. while there are many an- nouncements for positions on the council.
 The committee will meet tomorrow to arrange final details.
The Birmingham age-herald., 1916-02-11
FRANCHISE TAXES FOR ENTIRE YEAR; MARTIN REVERSED Opinion Rendered by the Su- preme Court in Case
 From Mobile
VERDICT REVERSED
 IN JOHN WILSON CASE
Right of Cross Examination Too Mar rowly Confined-Death Sentence on Sam Martin Is
 Affirmed

Montgomery, February 10.-(Special., l., The supreme court today handed dowr an opinion to the effect that franchise taxes on all corporations shall cover the period between January 1 and Decembe er 8 and that licenses shall be issued for the full 12 months rather than from nine months. between January l and Septem- Der 30, as held by Attorney General Will liam l.. Martin.
 The opinion was rendered in the case of Price Williams, judge of probate of Mobile county, vs. the state of Alabama, ex rel, the Mobile Light and Railroad company. A similar case from Montgom- cry was disposed of by the courts deci- sion in the Mobile case.
 Action was brought in the Mobile law and equity court by the Mobile Light and Railroad company to compel Judge Will
The Birmingham age-herald., 1916-02-11

warn the navy department is imma- terial," he said. It is a point of record that it was known there might arise a dangerous condition due to hydrogen gas. Lieutenant Cooke knew of this danger and has referred to it in a letter which Is in evidence"
 Lieutenant Cooke had ordered that the intake valves of the ventilation system never were to be closed during discharge, but that Chief Electrician Miles had tes- tified he ordered them partly closed just before the explosion. He declared, how ever, that no criticism was to be made of the commander of the submarine or of any of the workmen. He held that the explosion was ''an unavoidable accident and might have happened under any con- ditions.
The Birmingham age-herald., 1916-02-11
Meeting Set for March 15

Selma, February 10. - Especially Members of the Morgan -Pettus Memor- ial association have decided to meet March 15 for the purpose of finally de- ciding on the design and location for the proposed memorial to the late Sem ators Morgan and Pettus. This decision was reached at g meeting Tuesday aft ernoon when a committe from the city Federation of Womens clubs appeared before the organization and sought a postponement of action until the mat ter of park could be looked into. It is the plan of the club women to ar range for a park and seek to have the memorial placed therein.
The Birmingham age-herald., 1916-02-11
"TENNESSEE'S PARTNER. Fannie Ward, the beautiful come

ington Drug company, appeal from Jeff ferson circuit court; affirmed
 EX parte R. Leonard Bryant, peti- tion for certiorari to the court of ap- peals in re R. L. Bryant vs. the state of Alabama, appeal from Jefferson criminal court; writ denied.
 Per curiam: Price Williams, as judge, etc, vs. state ex rel Mobile Light and Railroad company. appeal from Mobile law and equity court; cor rected and affirmed Charles B. Teasley. as judge. etc, vs. Hix-Gravely Cigar company, appeal from Montgomery city court; correct ed and affirmed.
 Ruling on rehearing: Sam Martin vs. the state of Alabama, appeal from Jeff ferson criminal court; application for rehearing overruled.
The Birmingham age-herald., 1916-02-11
England Will Help

Paris, February 10.-Minister of Finance Ribot told his colleagues in the cabinet council today that the Bank of England would lend assistance to the Bank of France to facilitate commercial credit in England and that arrangements had been made between the two governments for payment for purchases made by the French government in the United States and Great Britain.
The Birmingham age-herald., 1916-02-11
Indorse Sanders Candidacy

Troy, February 10-(special) )-An enthusiastic meeting of the friends of Dr. William B. Sanders was held yes terday afternoon and full indorsement of his candidacy for Congress given. The meeting was presided over by O. C. Wiley, who has refused to run for Congress, and who is giving Dr. San ders his support Many splendid talks were given, which paid high tribute to the candidate from Troy, and plans were made to back up his candidacy. At the time of the meeting Dr. San ders was away in Wilcox county.
The Birmingham age-herald., 1916-02-11
LECTURE TONIGHT
 ON MOHAMMED

The closing lecture of the series on "The Great Prophets of Humanity which have been delivered by Dr. Morris Newfeld at the Temple Emanu-El, will be given tonight at the temple at 8 o'clock.
 Dr. Newfield will take for his closing subject, 'Mohammed, the Prophet of Arabia" The public is invited.
The Birmingham age-herald., 1916-02-11
Camp Committee Headquarters

Columbus. Miss, February 10.-(Spe- cial.)--Columbus has been officially designated as Mississippi headquarters for the committee named by the war department to promote the southern
 military training camp, which is to be held at Fort Oglethorpe. Ga, next sum- mer. Morris M. Green is chairman of the committee, and is directing the work MT. Green recently moved here from Ohio, and has purchased the old ONeill place on the Highlands.
The Birmingham age-herald., 1916-02-11
Little Boy Dies From Burns

Troy, February 0.-(Special. .)--Leon, the little 3-year-old son of MT. and Mrs. John Parham, died as result of severe burns. The little fellow was backing away with his toys to get out of the way of some securing which was being done in the room where he was playing and fell backwards into a tub of scalding water. He died from the burns shortly afterwards.
The Birmingham age-herald., 1916-02-11
Atlas Powder Co. Report

New York, February 10-The annual report of the Atlas Powder company for the year ending December 31, 1915, shows gross sales of $9,2S9. 492 against $5,1S3,S0S for the previous year. a gain of S4,156,1S5. Net income for 1915 was $l,67L762, compared with $474,150 in 1914. Disbursements on common stocks during the year amounted to 1lH per cent against per cent in 1914 and 1a per cent in 1913.
The Birmingham age-herald., 1916-02-11
Little Rock Banker Dead

Little Rock, Ark, February 10.-John Humphrey Mccarthy. a banker of this city, who also was widely known as a railroad builder, died here today. He was 76 years old. MT. Mccarthy su- pervised the construction of the Mis- souri, Kansas and Texas and several other western railroads.
The Birmingham age-herald., 1916-02-11
INDIAN & HARRIS, the leading theatrical firm of the United

NOHAN & HARRIS, the leading
 ~ theatrical firm of the United 0 States will present 'On Trial,' a dramatic play by Elmer l.. Reitzen- stein at the Jefferson theatre tonight. There will be a popular matinee to- morrow afternoon and concluding performance tomorrow night.
 The following cast of players will present "On Trial' tonight:
 "The defendant, Lee Baker; his daughter Maxine E. Hodges; his wife, Pauline Lord; her father, Frank Campbello; the dead man, Douglass J. Wood; his widow, Mildred Beverly; his secretary, Clyde North; g. news agent, Harry Hubbard; a hotel pro- prietor, Arthur S. Gibson; a physl- clan, Regnald Fife; a maid, Bertha Hodges; a waiter, Frank Bauman; the judge, Franklin Hall; the district at- torney, Charles Reigel; and numerous others.
 There are many elements of novelty about "On Trial the most of which is that the climax of the play comes first.
The Birmingham age-herald., 1916-02-11
Ian Granted Respite

Washington, February 10.-At the re- quest of Baron Chinda, the Japanese ambassador. President Wilson today granted 60-day respite to A. ltow. Japanese, convicted of murder at Ju- neau, Alaska. last December ana sen tenced to be hanged February !' Baron Chinda wants to look into the case.
The Birmingham age-herald., 1916-02-11
THEODORE E. BURToN.

Former United States Senator The odore D. Burton of Ohio will lecture tonight at the High school on If Washington and Lincoln were alive today, what would they do?" Of par ticular interest in connection with Senator Burton's lecture is that he is prominently mentioned as the repub- lican nominee for the presidential nomination this coming summer.
The Birmingham age-herald., 1916-02-11
S4OO for Hospital

Decatur, February 10-(Specal)-The manufacturers sale given here for the benefit of the Benevolent hospital netted the neat sum of about $4O0 for the hos DitaI, This hospital is conducted by the Benevolent society of the Decaturs and was built by them.
The Birmingham age-herald., 1916-02-11
AT THE ALCAZAR.

Jeanne Dore." a Blue Bird photo- play in five parts, with the divine Sarah Bernhardt in the leading role, made an excellent impression with the patrons of the Alcazar theatre yes- terday. Jeanne Dore'' will show again today and tomorrow at the Al cazar.
 Jeanne Dore'' is the climax to the dramatic career of Sarah Bernhardt. It marks her final appearance either before the camera or on the legitimate stage. It is also her best work
The Birmingham age-herald., 1916-02-11
THE WEATHER
Weather Forecast

Washington, February 10.-Forecast for Alabama and Mississippi: Fair Fri day and Saturday.
 Georgia: Fair Friday and Saturday; not much change in temperature
 Tennessee: Fair Friday and probably Saturday; not much change in tempera- ture.
The Birmingham age-herald., 1916-02-11
ACOUITTED.

Wilfrid Lucas and Mary Alden are co-stars in Acquitted" a Fine Arts Triangle feature, at the Colonial to- day. This is dramatic tale of con- mon everyday artisan and his home life There is a murder, an accusa- tion and then the dreaded police third degree It is quite the best work of Wildrid Lucas since his en- trance at the Fine Arts studios.
The Birmingham age-herald., 1916-02-11
NEEDS OF NATION
 TOLD BY WILSON
(Continued from Page One)

we are determined not to allow this quarrel to become ours in any part. But we are merely holding the trouble at arms length and trying to keep our judgment cool. All the rest of the world is hot, and it may be that the flames will extend to us."
 The President assailed the tardiness of American business men in the past to broaden their commercial vision beyond the boundaries of this country. The war, he said, had thrust America into the economic leadership of the world despite this. There were many instrumentalities, however, which America needed sorely, ha said. One of them related to thd tariff.
 "We ought to have a. real scientific tariff board, and I think we are going to have it, he said. He reiterated his declaration that he had changed his mind about the need of this because world affairs had wholly altered during the past 15 months. His greatest difficulty, he thought would be in obtaining men for the board who were both capable and nonpartisan. He knew of only one eligible.
 NOTHING IN EITHER q am not interested in any doctrine oi protection" he said, ''and l am not in. terested in any doctrine of free trade. have been a college professor and l know why-because there's nothing in either doctrine. The only thing interesting is the facts.
 Another instrumentality which I hope we shall make ready to get as soon as possible is a merchant marine. We hava hopefully expected lately that ships would be built by Americans, but there have
 been no violent symptoms of that hope being realized. It is absolutely neces.
 sary that we should make a beginning in 1 some way
 l Government construction or operation i of ships has been assailed as revolu- tionary, the President said. T am not afraid of any kind of revolution that is
 useful,' he added. 'I don't care by what
 honest process the goods are delivered, 1 but they have got to be delivered. We
 cannot hold our whole economic Ita | stagnant because we are afraid to try an experiment am not afraid of try | ing an experiment if we place our af. fairs in the hands of competent men,"
The Birmingham age-herald., 1916-02-11
Police Seize Bombs

Paris, February 10.-A Lisbon dispatch to the Havas agency says that the dis] turbances caused by the food riots Of January 20 and 30 have been ended by thd seizure by the police of a large quantity of bombs and concealed arms.
The Birmingham age-herald., 1916-02-11
.EOOTLIGFYTS@ |@ -AnD 2SGREHN s
By RICHARD F. LUsSIER

dienne who made such a tremendous hit in "The Cheat" will again appear in a Lasky-Paramount feature at the Strand theatre today and tomorrow. This picture is "Tennessee's Part ner," and it contains all the charm of The Cheat and the Marriage of Kitty" previous efforts of Miss Ward.
 WHY LOVE IS BLIND"
 A perplexing question, 'Why Love Is Blind" Selig photoplay in which the talented younger brother of Mary Pickford is starred will be shown at the Odeon Two today. Jack Pick ford, who is making an enviable repu- tation amongst the present day ar- lists, has an excellent role in Why Love Is Blind,' which is a photo play that does it's best to answer that highly diverting question to the sat- isfaction of the motion picture pa- irons.
The Birmingham age-herald., 1916-02-11
THE KNoTTED CORD !"

Bert Delaney is starred in "The Knotted Cord" Mutual Master pic ture at the Odeon One today. "A Clever Collie's Come Back" in which the famous Collie Lady" is featured, will also be shown at the Odeon One today.
The Birmingham age-herald., 1916-02-11
HER DEBT OF HONOR. "

Metro subject, Her Debt of Honor" with Valli Valli. will be shown at the Rialto today and tomor- row. Her Debt of Honor is said by the New York critics to be one of the best Metro releases of the year.
The Birmingham age-herald., 1916-02-11
"SOLD TO SATAN, J

An awful fate. Or is it? Anyway, Sold to Satan a Lubin special pho toplay at the Princess theatre today, will explain just what that sensa- tional sale is. "Sold to Satan" with it's dramatics, will have for contrast 'Bungle's Rainy Day." a farce com edy
The Birmingham age-herald., 1916-02-11
fulfilled Tonnage Increases

New York. February 10.-The untitled orders of the United State Steel corporation on Janu- ary 31 amounted to 7,922.767 tons, according to the monthly statement issued today. This is an increase of 116,547 tons over December.
The Birmingham age-herald., 1916-02-11
Eour Killed in Explosion

Salisburg, Md, February l0-Four men were killed and three injured by the ex ploson of a boiler at John Harleys saw mill near here today. All were employees of the mill.
The Birmingham age-herald., 1916-02-11
Continue to Send Troops

Paris. February 10.-Entente troops con- tinue landing daily with artillery, says a dispatch to the Temps today from Sa- lonki. Field Marshall von Mackensen has been on the opposite front since Febru- ary l.
The Birmingham age-herald., 1916-02-11
Negro Still at Large

Clanton, February 1O.-(Special.) Robert Johnson, the negro who roppeo two houses and shot at Mrs. William Plyer, is still at large. The officers are making diligent search for him.
The Birmingham age-herald., 1916-02-11
Local Data

For the "A hours ending at p. m., February 10, 1916:
 Highest temperature ............ 67 Lowest temperature .......... 37 Mean temperature ............ 52 Normal temperature ...... 47 Excess in temperature since Jan. 169 Rainfall ...................... .00 Total rainfall since Jan. 1 .... 6 6.80 Excess in rainfall since Jan. It.. 40 Relative humidity a. m. ....... 97 Relative humidity ? D. III. ........ 32 Relative humidity p. m. ....... 47
The Birmingham age-herald., 1916-02-11

Hams to issue license to the company to cover the period from January to De- cember 91. 1916. The court issued a man damus requiring the judge of probate to issue a license for nine months. between January 1 and September 90.
 The supreme court affirmed that portion of the lower courts decision requiring the issuance of license, but corrected the opinion of the trial court by malI- ing the license apply for the entire 12 months.
 The court held that the new revenue law does not attempt to fix the time for the payment of licenses or the com mencement of the tax law" It held that the time for "the payment of a franchise tax and the period that the same should cover is fixed by the acts of 1911"
The Birmingham age-herald., 1916-02-11
Weather Conditions

Summary of observations made at
 United States Weather Bureau stations { during the 24 hours ending D. m., 10th meridian time, February 10, 1916:
The Birmingham age-herald., 1916-02-11
GAVE ALL INFORMATION

Commander McGrann asserted that while the Edison company was under no obligation to supply anything more than battery for the E-2. it did all in its power to assure the success of the bat tery, supplying the navy department with all information possible concerning the battery. it's ventilation and cooling sys- tenn, which played such an important part in the disaster"
 He argued that the real issue was whether the Edison company misrepre- sented it's battery or failed to disclose anything 1t had reason to believe the navy department should know in regard to possible danger. He held that if naval of- ficials failed to determine these factors, it was not the manufacturers fault.
 ''The fact that the Edison people did not
The Birmingham age-herald., 1916-02-11
DISCOVERED LOW CELLS

Lieutenant Cockes counsel said the sub- marine commander had discovered the ex- istence of Tow cells'' which became re- versed on long discharges of the battery. He sought also to obtain a hydrogen detecting device to warn himself of dan gerous accumulatiOns of gas, but that none was supplied him. He attempted also to obtain an instrument which would en- able him to get individual cell voltage readings, but after the device was au- thorized by the bureau of steam engi- neering it was held up by objections from the Edison company, it was said.
 It was asserted that the first series of tests of the E-2 were considered unsat- isfactory by the Edison company, and that thereafter the submarine battery was placed at the disposal of it's manu- facturers that it might be improved pre- paratory to additional tests. The dis charge of the storage battery to zero voltage on the day of the accident, Lieu tenant Nimtz said, was at the express de- sire of the Edison company. He argued that submarine operating submerged must of necessity ventilate inboard if it ventilates at all
 The Edison company was fully aware, counsel declared, that the battery was to be ''watered" the day of the accident, but that Lieutenant Cooke was not warned of danger if any of watering the battery at the same time it was dis charging. In closing he contended that the conduct of the submarines command CT and crew prior to the accident was 'eX- ceptionally commendable because they mado every effort to familiarize them selves with the new battery and safe- pI1ard against accidents,
The Birmingham age-herald., 1916-02-11
bLAMES BATTERIES
 FOR E-2 EXPLOSION
Evidence Summed Up Be-
 fore Court of Inquiry
DENIED BY M'GRANN
Termed as Unavoidable Accident. Counsel for Submarine Commander Says Edison Go. Did Not Warn of
 Danger From Watering Batteries

New York, February 10.-Responsibility for the explosion upon the submarine E.: at the New York navy yard, which caused five deaths, was placed upon the Edison Storage Battery company by Lieut.. c. W Nimitz. counsel for Lieut.. Charles M Cooke, commander of the vessel who summed up the evidence in the case to- day before the naval court of inquiry.
 Commander W. H. McGrann, U. s. A.. retired who has represented the Edison interests, declared on the contrary that they could not be held at fault because of the accident.
 Lieutenant Nimitz contended that the storage battery from which 1t has been asserted hydrogen gas was escaping prior to the explosion, was installed absolutely in accordance with the directions of its manufacturers as was its ventilation sys. tenn. He asserted that the instructions fol the care and operation of the battery were incomplete in regard to the ventila'