davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1916-07-23
CONTESTANT GIVEN
 VERDICT ON FOURTH
 TRIAL OF WILL CASE
Jury Decides That Mrs. Virginia z. Siddons Was Unduly Influenced
 by Sister in Making Her Will

The will of the late Mrs. Virginia z. Siddons, which has been fought through the courts four times, was broken yesterday morning when Pro- bate Judge J. P. Stiles was handed the sealed verdict of the jury. The case went to the jury at 6:30 o'clock Fri day night after having been on trial for five days, and the jury reached a verdict at Il o'clock the same night in favor of the contestant, Dr. Phillips.
 The will, which embraced property of the approximate value of $10O,000, was made with sister of the de- ceased, Mrs. George Gather, s prin- cipal beneficiary, and was contested by a brother, pr. L. W. Phillips. The first trial ended in a verdict in favor of Mrs Gather, and was appealed to the supreme court, where the case was reversed and a new trial ordered. TWO other trials followed and ended in a disagreement of the jurors, while the fourth trial ended in the breaking of the will.
 While no appeal has been filed in the case vet it is understood that the law yers representing Mrs. Gather will file notice of appeal to the supreme court within the next few days.
The Birmingham age-herald., 1916-07-23
POSTPONE OPENING
 BIDS FOR BUILDING
 WARRIOR HIGHWAY
Action Taken as Continued Rains Have Prevented Engineers From
 Completing Work

A resolution was passed yesterday by the board of revenue to postpone the opening of the bids on the War rior river road until September Il when the bids for the construction of the highway will be opened. The post ponement came as a result of con- tinued rain preventing the engineering department from completing their sur vey earlier than that date.
 Work of surveying the road was commenced several weeks ago by the county engineer and his crew of men, but shortly after the work was started the rains became so frequent that the work was abandoned for a time.
 We thought it best" said Dr. Love- lady, "to postpone the day for receiv- ing the bids in order to give the en- gineers ample time to complete their work and make a full report. Since the road is to be built I am for doing the work thoroughly and in a way that will be pleasing to the county"
The Birmingham age-herald., 1916-07-23
MORRETH SEEKS ID ENJO|N TRANSFER OF
 MARBLE PROPERTY
Breach of Contract Alleged in the Petition-Receiver- ship for Division of
 Property Is Asked

Claiming that the defendant preached contract, G. Morretti, a we'll known sculptor and marble expert of Sylacauga, filed injunction proceedings in the city court yesterday seeking to prevent the transferring of certain marble property and asking the ap- pointment of receiver through whom a, division may be made.
 The injunction is directed against the Marble City Quarry company. the Mad ris Marble company and John Wiley. The plaintiff alleges that certain agreement between himself and John Wiley was made, and that he had car ried out his agreement and the defend- ant had not. He alleges that they entered a partnership under the agreement that the plaintiff was to give his expert labors and time to the prospecting and development of certain marble fields, and that the defendant was to furnish the capital for the work, the buying of the land and in- provement thereon, and that the plain tiff was to receive for his 1abors and expert time one-third of the property and the income therefrom, while the deefndant was to receive two-thirds for the money invested.
 It is claimed by the plintiff that ths land was deeded to the Marble City
  now president, in the consideration of S164500. The company had previous ly organized at a capital stock of $300,000
 The petition also seeks to enjoin tho transfer of 15 acres of the marble land to the Madras Marble company for a consideration of s20O.000. It also claims that the defendant has not the money to make improvements as per his agreement with the plai- tiff. hence a receiver is requested. The petitioner further asks the court for the receiver to be instructed to make consideration and settle the claim of the petitioner. The injunction was filed thrc- gh JeY F. Webb, attorney for the plaintiff, aV a jury is demanded for the trial. Morretti is perhaps one of the besA known sculptors Tn the state, having had much experience and study in Italy as well as in other European countries. He designed Vulcan. the iron man, who stands year in and year out at the State Fair grounds.
The Birmingham age-herald., 1916-07-23
SUNDAY MOVIES TO
 COME UP TUESDAY

Just after the city commissioners have completed a satisfactory compromise on the Clairmont avenue paving matter and it appears that next Tuesdays commits sion meeting would be of a quiet nature, the report trickles in that the enthusas- tic persons who are in charge of the movement to close up the motion picture theatres on Sunday are to launch their annual summer drive at the meeting of the city commissioners on Tuesday morning.
 This means more trouble-and gobs of it.
 The city commission at Tuesdays meet ing has slated the passing of the con- pleted Clairmont avenue paving ordi- nance which is now satisfactory to all parties-at least they are publicly satis- fied-and the remainder of the public business on the books is of a routine na- ture, so that they will have ample time to hear the Sunday closing arguments.
The Birmingham age-herald., 1916-07-23
COMMUNITY CLUB
 TO COOPERATE IN
 CIVIC MEASURES
Dr. Fox and w. B. Everett Speakers at Luncheon-Club Will Aid Ty- phoid Fever Fight and Muscle
 Shoals Project

At the regular luncheon of the Com munity club Saturday at the Tutwiler, the club had as it's guests Dr. Carol Fox, here from Washington in the interest of the health conditions of Birmingham, and w. B. Everett. acting general man. ager of the Chamb CT of Commerce
 Dr, Fox spoke to the club in reference to his work in this community, following which Dr. Cecil Gaston, city physician, and an active member of the Community club outlined in a very instructive way the causes and remedies for typhoid fever. The club Is active in it's efforts to cooperate with other organizations with a view to preventing typhoid and other diseases a committee having been appointed several days ago and steps taken for active work.
 In the interest of the fight our city and other southern districts are making for a nitrate plant at Muscle Shoals, w B. Everett discussed and explained req sons why Muscle Shoals is the logical place for the government to establish such a plant. MT. Everett is well up on the subject having recently attended large meeting in Nashville, where or ganized effort to get the plant at Muscle Shoals was put under way.
The Birmingham age-herald., 1916-07-23
IN NO HURRY FOR ACTION 0N LIGHT COMMUNICATION City, However, Is Eager to Have Matter Disposed
 of As Soon As
 Possible

Owing to the fact that Augustus Ben- ners, the attorney representing T. c. Mcdonald, is in no hurry for an early hearing on the suit for temporary in- Junction which he seeks on the $500 900 electric light bond issue. 1t Is likely that the case will not be heard until next October.
 Commissioner Weatherly is very anxious that there should be an early hearing on the merits of the contentious raised against the $500,OO0 electric light bond issue He has urged City Attorney Ull- man to seek a hearing before Judge H A. Sharpe as soon as MT. Mcdonald s attorneys would agree to date.
 Mir Ullman says he has persistenly tried to persuade MT. Benners, the lead ing attorney for MT. Mcdonald, to agree on a date for the hearing. but MT. Ben- ners has finally stated. according to MT. Ullman, that he does not care. for a temporary injunction against the $500, ,0OC electric light bond issue at this time.
 The issues raised by MT. Mcdonald in his attack on the validity of the $500, ,0oC electric bond Issue, which was voted on June 5, was that while the city com mission had the legal right to operate a municipal electric plant it had not the right under the constitution to operate a municipal power plant, Another con tention of MT. McDonald's was that the ballot was not sufficiently clear for the voters to know exactly what they were voting on.
 The issues raised by MT. McDonald are regarded by the city commissioners as trivial and meant only to delay, which is the reason why an early hearing is wanted.
 MT. McDonald filed two bills of in. junction against the city commission on June 6, the day following the election which carried sS,OOo,OOO in bond issues He first sought a temporary injunction against the issuance of all three bond issues and in this fight he won sigma victory by depriving the municipality oi the use of the special 5-mill tax except for specific purpose. The city has al ready appealed this suit to the state supreme court and no decision is ex' pected until next January at the earliest
 MT. McDonald's second bill of injunc' ton was directed specifically at the $500, 900 electric bond issue It is this sui that the city is now ready and willing to dispose of with the shortest possible delay. The city commission might ge ahead and issue the s500,O00 electric light bonds if they could find a market fol them.
 q have instructed City Attorney J1l man to go ahead with the utmost dili gence to have the legality of the $5O0OC electric bond issue settled.' said Com
 missioner weatherly, and I want anC will get action
The Birmingham age-herald., 1916-07-23
STREET TAX COLLECTIONS
 BEGIN ACTIVELY TOMORROW


President Ward of the city commission also admitted that police officers would be used as assistant street tax collectors.
 Tt has also been definitely announced that the former methoqd of collecting street taxes on a commission basis will not be used in the present collection as the ordinance passed last Tuesday is ex- plicit in it's terms and makes it manda tory that all persons between the ages of 21 and 45 years of age should pay their street taxes at the city comptroller's of flee, or to a deputy collector on or be- fore the first of August Demands for the street taxes will not be mailed. but will be presented in person by the deputy collector.
 The street tax is s250 for the final six months of the present year, and on Jan uary 1, will automatically jump to $5.
 About $100,000 annually is expected to be raised by the collection of the street tax.
 Of the city commissioners only three members of the board are subject to the street tax and these are President George B. Ward, Commissioner John R. Hornady and Commissioner Arlie Barber. Commis- sioners James Weatherly and J. R. Truss are veterans.
The Birmingham age-herald., 1916-07-23
GAN USE MUSIC AT
 PUBLIC LIBRARY
[usic Study Club Arrange Plan to Circulate Music on Same Plan
 as Books

IAll persons who have old music they 9 not care for are requested to bring | to the Free Music club department at
 he city library, where it will be let out ! those who need more music and who Ire not able to pay for it. The Birmng- |am Music Study club has completed ar Judgements for the opening of the Free <usic club at the City library, where all husic donated will be let out on the hme basis that books are let out from he library.
 This step has been taken by the Music i ub in order to accommodate the large lumber of music students who could not et the variety of music otherwise, and
 he movement is expected to be to tho busic loving people of Birmingham what
 he library is to the book borrowers l {According to an announcement of Mrs. lax Fies, chairman of the library com *ittee, they will be ready to begin mak- hg loans of music at the beginning of his week, and she has requested that ersons who have music and want it to b to a good cause, donate it to the Free Music club. It is in this way that the &ub is expected to obtain most of its [lpply.
The Birmingham age-herald., 1916-07-23
BUILDING FERRY
 ACROSS CATAWBA

"The Southern railway Is having a ferry built for transfer of passengers, hand baggage, and first class United States mail at Catawba river, near Bel mont, N. C., until it's track is restored" said L. Sevier general agent. yester- day. Transfer will be effected from railroad tracks to and from ferry on either side of the river by automobiles that will also be provided by the Southern for passengers desiring to transfer and holding tickets beyond the river in either direction. It Is expected to have this ferry in service not later than Monday, July "A. Full details of train service and transfer service will be furnished the public by passenger department representatives and agents of Southern railway. In the meantime every effort is being exerted by the company to restore its track at this point, which is on the main line between Atlanta and Washington
The Birmingham age-herald., 1916-07-23
HAS TO POSTPONE
 AUBURN MEETING
Watt Announces That County Agents Will Not Assemble Until
 August

J. T. Watt, state agent of the co-opera- tive extension work in agriculture and home economies, has announced the post ponement of the meeting of county agents at Auburn in the following notice
 "On account of the recent heavy rains I deem it advisable, and even necessary, to postpone the agents meeting to be held here from July "A to August g. l think you will serve the interests of the people better by staying at home another week or two and helping the farmer in his distressed condition. If he ever need ed help he certainly needs it now.
 ''The boys corn club meeting is also postponed.
 "The meeting will be held August s and the same programme as planned will be carried out"
The Birmingham age-herald., 1916-07-23
FAMOUS SUNDAY SCHOOL WORKERS
 ARE COMING HERE
;hool of Methods Will Be Conducted at the First Baptist Church
 in Birmingham Octo- Der 23-27

The Birmingham Sunday School associa-
 l on will hold school of methods for
 lnday school workers of all denomi- tions in the city, and strong faculty |ls been secured.
 Some of the members of this faculty |e: pr. James w. Lee, presiding elder the St. Louis district, who will speak | oh night for five days and several mes in the afternoons; Dr. Lincoln
 ulley, president of the John Stetson uni
 ;rsity of DeLand, Fla, will conduct the I ble hour each day; Miss Susan Judah |ementary superintendent of the Loui- |ta Sunday School association, will have barge of the training work for begin
 frs' teachers; Miss Allie Mae Taylor,
 |ementary superintendent for the Cum
 |erland Presbyterian church. will have
 ,arge of the work for primary teachers
 rs. Phebe Curtis, elementary superin- ndent of the Ohio Sunday School asso-
 ation, will have the junior section | iss Minnie E. Kennedy, former general cretary of the Birmingham Sunday ,hool association, will have charge of |ae section for those interested in girl orlz, and Rev. Claude Orear of this city |ll have charge of the work for those terested in boy work.
 Leon c. Palmer, general secretary of l e Alabama Sunday School association, Hill conduct the adult section; MT. P | Green of this city the executive, and lev Lewis Dockery of this city will have
 barge of the section for musical lead Is. Dr. Ryland Knight, pastor of the first Baptist church of Clarksville, Tenn, |ill have charge of the International Inform lesson section, and Mrs. s. P. l core of this city of the intermediate |'aded lessons.
 |Dr. J. M. Shelburne, president of How I'd college, is dean of the school and he sessions of the school will be held in fe First Baptist church, October 23-27, ! elusive. Birmingham had the largest
 fhool in America last year, with 169z
 Iatriculates, and this year the aim is Iao
The Birmingham age-herald., 1916-07-23
DAVE KENNYBROOK
 IS SERIOUSLY ILL

Dave A. Kennybrook, formerly a deputy sheriff, is reported seriously i'll at St. Vincent's hospital. He had an operation about 10 days ago, but another operation was deemed neces- sary yesterday and he was removed from his home to the hospital. While resting fairly we'll late yesterday after noon. MT. Kennybrook was reported as being in serious condition.
 MT. Kennybrook is well known throughout Jefferson county He was for a number of years deputy sheriff serving in the mining territory. Ht was a deputy under Sheriff Higdon an Sheriff McAdory. He is at present con nected with the Sloss- Sheffield com. pany.
The Birmingham age-herald., 1916-07-23
SEIBELS GOING TO
 PLATTSBURG CAMP

H. G. Seibels will leave next week for New York and after brief vaca- tion will enter the Plattsburg miii- tary training camp for business anu professional men, where he Will spend several weeks. It is possible that oth- CT we'll known Birmingham men will also go to Plattsburg, including Jelks Cabaniss and others.
 MT. Seibels will go east with B. B Conner, Jr, and Hugh Conner who will spend sometime in the metropolis and at coast resorts, later going to Can ada
The Birmingham age-herald., 1916-07-23
Total ..


 The deaths tabu1ated above were recorded as follows:
 July 1, B. July 2, 1 July A. 1; July 5, 2; July 6, 1; July ', T. July 8, 2 July 10, l. July II, 2 July 13, 2; July IA, 1; July 15, 8; July 16, ?; July IS, l
 '"rhis record emphasizes the
 great importance of obtaining inn
 munity through vaccination, as
 we'll as continued observance of
 the suggestions that have been
 made by the health authorities
 concerning safeguards to be used
 by the individuals. The Outstand-
 ing recommendations along these
 lines are to avoid all water from
 wells and springs unles sthe same
 has been boiled or chemically
 treated; to avoid all food that has
 been exposed to flies; to keep out
 of polluted streams, and to be vac
 cinated. In this connection the fact
 should be borne in mind that vac-
 cinntion, to be safeguard, must
 consist of three injections. Noth-
 ing less will do.
 Beginning Monday morning a sys- atic campaign will be carried on tt vaccinate the colored population. 4 station for the care of the negroes vii be opened at the Fourth avenue en. trance of the city hall and all who come will be vaccinated free or charge. IT the meantime the vaccination of thu white population will proceed as usual those receiving the first treatment ap. plying at the council chamber on the second floor and those receiving tho second and third treatments beins cared for in the armory on the thirt floor. The fact that no special effor has been made to reach the coloreC people until now is due to the grea prevalence of the disease among thu white people and the urgent necessit! of promptly safeguarding those wht seemed most exposed"
The Birmingham age-herald., 1916-07-23
Peyton Invited

The Chamber of Commerce has extended an invitation to John Howe Peyton, pres ident of the Nashville, Chattanooga and here next Friday afternoon on the Muscle Shoals proposition. He was requested to speak here next Friday afternoon at { O clock, when Herbert Myrick, editor-in- chief of the Orange Judd publications speaks on the federal farm loan bank MT. Peyton is well known in the Bir- mingham district, having been for many years a prominent official of the Louis vile and Nashville railroad.
The Birmingham age-herald., 1916-07-23
TODAY'S EVENTS
At The PhntonlaY Houses

Strand: ''The Dream Girl" with Mae Eurray. Majestic: "The Unborn," with Gertrude |pndhill Colonial: The Evil Thereof,'' with Erace Valentine. |Trianon: ''Dorians Divorce,' with onel Barrymore. IRialto: The Flower of No Mans Land, "
 ith Viola Dana.
The Birmingham age-herald., 1916-07-23
HORNADY WARNS PEOPLE
 AGAINST INDIFFERENCE
 OF TYPHOID SITUATION
Declares That Nothing in Dr. Lumsden Report in the Pres ent Situation Justifies Belief That Danger Is Past City By No Means Rid of Typhoid Fever and
 Continuation of Vaccination Is Urged

Although the medical authorities speak of the recent epidemic" typhoid fever cases continue to be reported in goodly numbers every day in the offices of the health department. Yesterday eight new eases were reported, which brings the to- tai number for July to 346
 Commissioner John R. Hornady issued his "communique on the situation last night, in which he stated that p persons had died from typhoid thus far during the month of July and that the greatest mortality was of persons ranging be- tween the ages of r and B years. MT. Hornady also complained of the falling off in applications for vaccination.
 About 15,000 persons have been vacci- mated by the city since Commissioner Hornady started his free vaccination plan and the daily vaccinations have 1uctuated. On days when about 30 cases of typhoid would be reported vaccinations would jump up the following day. When typhoid cases showed material decrease, as they have in the past few days, the public displayed apathy toward vaccina- ton. Commissioner Hornady is emphatic in the statement that all must be vac cinated if the typhoid epidemic is to be completely checked.
 WARNING ISSUED
 Commissioner Hornady also warns against eating food on which flies have walked, as flies are not at all particular as to what they walk on, and they are known as the greatest carriers of typhoid bacteria m the world
 Following is MT. Hornady's daily "com- munique" on the health situation:
 The only discouraging feature in the days developments has been the falling off in the number of applications for vaccination said MT. Hornady This, no doubt is due to a greater feeling of security, brought about by the fact that States health service have finished thelr work and gone on their way to other fields. As matter of fact, there was nothing in the report of Dr. Lumsden, nor is there anything in the typhoid sit- uation, to justify indifference to vaecina- tion. Dr. Lumsden urged the importance of vaccination in the final paragraph of his report, and it has been urged with great presidency by members of the local health board. Indifference toward this when Birmingham has gotten rid of ty- phoid fever Another thing that should be emphasized is the fact that the ty- phoid germ is no respecter either of in- fancy or age. The records for the first IS days in July show deaths of persons ranging in age from 1 year to 63 years
The Birmingham age-herald., 1916-07-23
Too Much Liauor

When Emmett Williams of Bessemer stepped off the train at Woodward Crossing Friday night with four gal Ions of whisky on his person Sheriff T. J. Batson was on the spot waiting to receive the wet goods" The man was brought to the county jail, where he made bond.
The Birmingham age-herald., 1916-07-23
More AmbrOsia

Another 100 bottles of "ambrosia" has been added to the large supply of the beverage recently captured and stored away in the "booze vault" by Deputy Sheriff c. W. Austin. The bev- craze was found in an old saloon building at the corner of Twenty sixth street and Third avenue. The house was broken open on a search warrant and the beverage seized No arrests were made.
The Birmingham age-herald., 1916-07-23

The greatest mortality for this period was among persons ranging from r to g years.
 "The following table shows the age and the number of deaths from ty- phoid during the IS days referred to:
The Birmingham age-herald., 1916-07-23
PERSONAL

M F. McCarty president of the Sea- right Reese Furniture company, is seri-
 ously ill at St. Vincent's hospital.