davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1921-03-04
DATE WAS FEBRUARY
 II, SAYS DIR. NIXON

NO point in history seems to exist that George Washington was born on February g." said J. \. Nixon, profess sor of history at Birmingham Southern college, when questioned concerning the request for information regarding the actual date of washington's birth. made by c. W. OHara in a recent is- sue of The Age Herald.
 The fact that Washington was born on February II is easily accounted for" said Professor Nixon The Gre gorian calendar was adopted in l752 under a law of the previous year re- quiring that If days, not IF, be dropped The English law provided that the day after September be the fourteenth Pope Gregory proclaimed that 10 days be dropped. but the Eng fish waited so long after the procla- mation that the 10 days had grown to Il days. As will be remembered, there are some few minutes left over every year.
 If the statement that Washington was born on February is a correct statement of his birth by the Julian calendar. then it would seem that the twentieth, and not the twenty-secon would be the anniversary under our calendar. However, I can find no rec> ord in history of Washington being born on February g."
 Mir O,Hara recently wrote The Age. Herald saying he had heard that Non the family record Washington was born on February g. 17s2, and asking for information onsthe subject. Ir
The Birmingham age-herald., 1921-03-04
SUNDAY PICTURES
 AND BAND CONCERTS
 AT LOCKWOOD PARK

Big-time Sunday pictures is to be the slogan at Edgewood Park starting the coming sunday. Manager Hugh Hill stated Thursday that he had arranged for a spectacular feature film of seven reels. This is to be drama with one of inc most noted actresses of the screen world starring. On top of that great fea- ture he will present a two-reei comedy picture and news reel as well.
 One of the special features of Sunday n,ovies of the mountain resort will be the concerts by the orchestra. Mir. Hill has made special arrangements with Al Weinberg's orchestra to play during the presentation of the elaborate screen pro- rramme. Mir. Weinberg is an adebt at orcbestra directing. and this feature within itself will be well worth a visit to. the park Announcement was also made bY HiiI- co Amusements, that arrangements had been made for buses to meet all the Fdgewood cars and give free transporta- tion to the trolley car patrons from the end of the line to Mountain View Inn, wbare the picture programme is to start at 2.sO o'clock and run into Sunday evening, with probably three or four shows for the day.
 The regular Saturday night dance IS again on bills for this weekend
 T,ueries in the Edgewood Park Popu- h ritv contest are said to have shown added speed Thursday in competition for the bealltifui Paige car
The Birmingham age-herald., 1921-03-04
EXAMINAT|ONO OF
 T.C.I. BOOKS DENIED
Petition of State Tax Commis- sion Dismissed By
 Judge Evans

Petition of the state tax commission for a writ of mandamus to examine the books of the Tennessee Coal, Iron and Railroad company as dismissed yester- day afternoon in ruling handed down by Judge Richard V. Evans and the motion to quash the rule nisi as relied in the cause is sustained by the court
 Right of the commission to examine the books of the company to ascertain the amount of taxes due by the corpora tion to the state was denied by Judge Evans several days ago when he sus- tained demurrers filed by the attorneys of the company to the petition.
 The ruling of the court yesterday was handed down following the filing of an amended averment of the petition by the complainant It is expected that the mat ter will be carried to the supreme court of the importance of the decision and that several millions of dollars in taxes from large number of corporations are involved
 There are approximately 40 other cor porations whose status depends on the outcome of this case. Tax assessments have been set aside by the tax commis- sion because they refused to allow thelr books to be examined by members of the state tax commission who believed the assessment was based on indefinite data secured from sworn statements of their officials as to the amount of taxes due,
The Birmingham age-herald., 1921-03-04
ALL RECORDS BROKEN
Metropolitan Life Insurance Co. Had
 It's Greatest Year In 1920

The annual. report of the Metropoii- 1 tan Life Insurance company on the business of 1920 shows that the new business placed on the books broke all previous records in the world Neither l the great amount of new insurance taken out, nor the percentage of lapses indicate depression in the business or industrial world. The amount placed in the United States and Canada was s1,651, ,95O,151, which is a gain of more than $25o, 100000 dollars, as compared
 with the previous year.
 The income and assets increased pro portionately, the income for the year being s2Ss.51s,77s. and the assets mak- ing a gain of $11s,019,2s2 for total of $sso, o,s1s.oS7. Dividends have been de- clared, payable to policyholdrs in 1921,
 amounting to $1o,s1s.ss9, of which I $6.s61, ,261 is to holders of industrial pol | icies.
 l The number of policies outstanding at the end of the year was S,sss,ss
 or about one for every five of the pop ulatfon. The number increased in 1926 uy I,lao,oAo
 Claims were paid on s12.6S9 policies an average of one every 2S seconds for each business day of eight hours. The amount paid to policyhoiders in claims
 matured endowments. dividends, etc.
 was $S1,257,393, or an average of $556 Sd
 minute for every business day oi eight hours. Group insurance amounted to $214,547,572.
 The company had invested at the end ] of the year in bonds and mortgages
 s357,7OS,045. In 1920 the company l loaned and agreed to loan $S5,000000 mostly for housing.
 l Metropolitan nurses made 1,639.93s free visits to policyholders. and Metro politan agents in all parts of the United States and Canada engaged. in health campaign through the distribtrion of Literature to policyholders to the ex- l tent of over 1S,00O,000 pieces. These health activities have been continuous l during the last 10 years and the com | lpauy has found that they have had an | appreciable effect on it's mortality. The l'death rate for 1920 among industrial policyholders was the lowest in the history of the company. The reduction l in general mortality in the last nine years has been 22 7-10 per cent. The company's reduction of mortality from l typhoid in nine years has been IF per cent; in tuberculosis. 70 per cent; heart l disease. a trifle over 1s per cent; Bright's disease, nearly 2I per cent and the infectious diseases of children, over zS per cent. This general reduc- tion, and for each principal cause of death. is greater than that shown by statistics in the registration area of the
The Birmingham age-herald., 1921-03-04
Injunction to Restrain HaWkins From Collecting
 Tax on Stocks Is Denied
Petition Came From Ceylon Company-Judge Dan A. Greene of Circuit Court Covers the Case in an Ex- plicit Opinion Handed Down From Bench
 Yesterday-Statute Is Construed

nose of the legislature was to put the taxing machinery of the county in the hands of the tax adjuster so far as valuation and tax assessment were concerned.
 The opinion of Judge Greene is as follows:
 JUDGE GREENE'S OPINION
 "The complainant in this case seeks to enjoln the collection of certain tax es. assessed against it, upon the shares of the capital stock of the cor poration. The grounds .set forth for the relief sought arc: CD the in validity of the assessment for the reason Ahat 1t was made by the tax adjusters of Jefferson county and not by the tax assessor as required by section 12 of the revenue act of 1919, and, if made in accordance with sec ton 12, it is invalid, because section 12 fails to provide any notice to the taxpayer of the assessment and there fore unconstitutional and void, and (2) that 1t is not liable for the tax, because section 12 exempts from tho payment of the tax therein provided for the shareholder of any corporation, which pays a tax on it's franchise or intangible property, and further al~ leges that it has paid such tax for the year 1920"
 Respondent tests the sufficiency or the grounds for relief by demurrer at tacking the equity of the bill and as- signing number of specific grounds, practically all of which may be included in the general ground of want of equity. The whole case of the complainant de- pends on the construction to be placed on Section F of the revenue act of 1919. Counsel for complainant frankly admit that they insist on a literai and tech nical interpretation of Section F. and when so interpreted makes that provision unconstitutional, and any assessment made in accordance herewith invalid, and that in fact the assessment in question was not made according to the require ments of such section. It must be con ceded that if the construction to be placed on Section F is as that contended by complainant then his argument as to the constitutionality of that section and the validity of the assessment is sound.
 Where the language of statute is plain and unambiguous, whether ex- pressed in general or limited terms, the legislature is presumed to have meant
 tContinucd on Page Fourteen)
The Birmingham age-herald., 1921-03-04
GUESTS
 0F THE CITY TODAY
Entertainment Includes Auto Trip and Banquet at the
 Civic Association

Two hundred members of the National Editorial association will be the guests of Birmingham from tonight until to- morrow night They will begin arriving here late this afternoon. Their number has been reduced from 275 to 200 ac- cording to telegram received yesterday by Charles l. Harold from George Scblosser. secretary of the association.
 Trains will be met beginning tonight al both stations by members of the com mittee from the Civic Association and the Boy Scouts This will continue un- til 4:15 tomorrow afternoon. The yls- ;tors will be conducted to the Tutwiler hotel. where they will be assembled by the Automobile club committee. Next thev will be placed in automobiles and whirled through the city on sight seeing trip over the residential and in- dusfrial sections. This trip will begin at 4:50 o'clock this afternoon, <.
 Returning from the trip. the cars will be taken to the Jefferson County Bank building. Dismountng, the editors WIT be taken to the top floors of the build- ing Here. a dinner Will pc serveo li' inc rooms of the Civic Association at 6:30 o clock.
 Several speakers will entertain the Wis itors. and acquant them with facts about Birmingham. sDr George stuart and Col. R. A. Mitchell of the Alabama Power company, will be on the pro gramme.
 Each visitor will be furnished with copy Of the year book of the Clvic AS socia tion and be pumped full of informa t;on fron.it. stunts. music and motion nict,,res of industrial operations in the Birmingham district will complete the programme:
The Birmingham age-herald., 1921-03-04

Petition for a writ of injunction of the Ceylon company to restrain Jamea F. Hawkins, tax collector of Jeffer- son county, from collecting taxes on was denied by Judge Dan A. Greene, presiding judge of the circuit court, in an opinion handed down yesterday afternoon.
 act was attacked in the suit brought against the collection of tax author ized on stock of domestic corporations.
 The complainant company claimed that it was exempt from the payment of the tax as the property was not assessed by the tax assessor, as re- quired under section 12 of the reve- nue act, but by the tax adjusters.
 The fact that the assessment was made by the tax adjusters makes that section invalid, according to the claims of the complainant. However, the court was of the opinion the com plainant's case depends on the con struction to be placed on that section, and, in the opinion of Judge Greene, the statute should be construed as q whole and where it is pari materia, connection with every other section of the act. and if not violate of the ex- plicit and unmistakable language used, that construction should be adopted which will effectuate the purpose of the legislature.
 That part of the act of 1919, which definitely fixed the authority of the tax adjusters of each county to make all valuations of taxable property, and distinctly limited the duty of the tax assessor to the listing of such property and further in the acts where all power and authority therefore held and exercised by the tax board of equalization was vested in the tax ad- justers, make the conclusion irresisti- ble to the court that the fixed pur-
The Birmingham age-herald., 1921-03-04
BIG INCREASES OF CAPITAL STOCK AND
 NEW INCORP0 P0RATI0NS

capital invested in new incorpora-
 lions and increases in the capital stock
 of present concerns during February
 amounted to $S,3o3,oo0, according to
 tha records in the office of the pro- bate court.
 of this amount s150.000 represents
 new firms and s3.153,000 is increases in
 ca nital stock Twenty one concerns
 wave represented, there being Is new f,rms incorporated and the capital stock of five increased The list of concerns recorded, together with the amount of increase or new stock, as the case may be, is as follows:
 William Dukes Lumber company. x- :. 900; Cook Springs Oil and Gas com- pany. $15.000: Gulf Realty company s2. 900; Industrial Electric company. !: s4.00o; Dulion Investment company s. 900: Hooper Allbritton Grocery com pany, sS.ooo; Merchants Paper Stock company, s10.100 Alabama Home BuiIdinr and Loan company. Gncrease) ss. .0OO. .OOO Madison Drug company. se. BOO: National Distributing company dncreased), $22OoO: Alexander Con- struction and Manufacturing company. s5. 900; Mangus company, $4,0O0; Wil- liam Plumbing and Heating company,
 5000; Bencor Hotel company. s2.000;
 Smallman- Brice Construction company
 (increase), $15.000; We-Totem com spany, No. l. of Birmingham. S5,000:
 Hotel Lyons company, $20,00o; the Going Road Machinery company,
 $. GOO: Jones Investment company,
 S. .000; Bullard Investment company. 5000, and Mangus company tin- crease), $96, 900.
The Birmingham age-herald., 1921-03-04
CIvITAN LUNCHEON

Maj. William T. Morgan will address the civitan club at their luncheon this afternoon at 1 o'clock, at the Southern club. His subject will be. Good Citi- zenship; What Is it?"
 Major Morgan was an officer in tho American army during the late months of the World war, and has been em- Iplcyed by the war department at Washington in educational work for the last two years. He has made two convincing talks in Birmingham this week, and presents somes concrete facts.
 Mrs. Holley Cowherd will furnish the music of the entertainment.
 Features of the international con vention to be held here in June will be discussed at the meeting tomorrow. and all members are expected to turn out.
The Birmingham age-herald., 1921-03-04
kIWANIS EXTEND
 HARDING GREETINGS

President -elect Harding is mem Der of the Kiwanis organization. In recognition of this fact, the Birming- ham Kiwanis club is sending him a congratulatory telegram on the eve of his inauguration.
 The telegram, sent last night by Clarence N. Wiley, secretary, follows:
 Home club of international presi- dent of Kiwariis extends greetings and felicitations to Kiwanian Warrea C.. Harding tpon the eve of his elevation to the highest office in the land. We hope and believe your administration will exemplify the principles of KI- wanis, and will rebound greatly to your personal credit and to the glory of America.
 "KIWA ANS CLUB OF BIRMINGHAM.
 "C N WILEY, Secretary.'..
The Birmingham age-herald., 1921-03-04
SPECIAL SERVICES
 ON SUNDAY EVENING

Parent and Child" will be the sub ject of pr. Henry M. Edmonds' sermon this evening, at 7:f5 o'clock, at the Lyric theater i'll a message especially to parents, teachers and to those who are interested in child life.
 The consideration of the needs of special groups of people that Dr. Ed monds brings to the downtown con- gregation once each month. is drawing large and appreciative audiences.
 The sermon Sunday evening is pre- liminary to the Lenten programme of the Independent Presbyterian church that will begin two weeks before Eas- ter Sunday in series of vesper serv- ices arranged especially for parents each afternoon at o'clock.
 Going Up to the Temple" will be the topic of these pre- Easter services.
The Birmingham age-herald., 1921-03-04

peturnine to Birmingham after a four years absence, Frederick Gunster rendered splendid programme before , capacity house at the Jefferson the atre last night under the auspices Of the Music Study club.
 MT. Gunster included on his pro eramme numbers selected from the English. French, Italian and Russian masters. but the greater part of his concert was devoted to the works of Americans, and sung in the English language.
 The first part of the programme was devoted tol Italian composers, and II ,8was in this part that Mir. Gunster ex- 4hibited his ability to interpret the ssworks of foreign artists.
 Leaving the ancient songs. the audi -sence was taken through the years to the modern French music, lighter than inc others. and yet with the strain of deep feeling which MT. Gunter is able to portray so well. One Austrian mum Der was included on the programme.
 From the Russian composers were taken three selections, two Of which were rendered in English and the third lin Russian. since MT. Gunster has so far been unable to find any satisfac- i torv translation. This was Mon Pavs.'. by A Grtchaninoff, rendered with the same clearness of tone and perfect diction that characterized his other numbers
 The second part of the programme was devoted almost entirely to Amer ican composers, and was rendered al together in the English language. The Pilot opened the second part fol- lowed by the Rain,' by Pearl C.. Cur ran. "Rainv was one of MT. Gunster's S most appreciated numbers.
 Two old Ulster ballads were rendered by the singer. both of which met with a wa~sn reception by the audience. His programme was closed with negro ballad {, Little Wheels A-Turnin,'," !" which was considered by many one of his best rendered numbers.
 Mir. Gunster, as his final encore. sang by request, Standing in the <. Need of Prayer" familiar to every per Ason, practically, in the theatre. It brought back to many the days when MT. Gunster made his home here, as it was one of<his old favorites.
 MT. Gunster, while on the stage, had the undivided attention of his audi 4 ence, and carried them with him to the scenes which were the themes of his songs.
 The singer is former resident of Birmingham nd needed no introduce tion to the music lovers of Birming- ham. He spoke of this engagement almost as home coming. for he spent years of his life here, and his wife is an Alabamian.
 Mir. Gunster was ably assisted at the piano by Mrs. Edna G. Gussen.
The Birmingham age-herald., 1921-03-04

the colliery and helped us famii-
 iarize ourselves with details.
 "We have now visited nonunion.
 union and open shop camps. We
 have mass of data presented by
 both sides, and by others. At none
 of the mines did we hear com
 plaints as to living conditions or
 wages, but we heard much with
 regard to recognition of the union
 from the union miners | HEAR OTHERS
 The committee will hear several parties who wish to appear before them today. Included are understood to be representatives of the federated labor organizations and some of the affiliated woman's organizations.
 Judge Teasiey Is preparing
 written statement. which it is ex-
 pected will he submitted to the
 committee today. Indications point
 to Il termination of the invcstiga-
 tion proceedings by the committee
 and their return to Montgomery by the close of the week.
 s'nn Bitrncr will probably np-
 pear before the committee again
 with statement supplemental to
 that which he made orally and in
 written form early in the week.
 The committee has a mass of data bearing on the strike from all angles and viewpoints and personal knowl- edge of working and living conditions from visits to the three classes oi mines. There does not appear, to be else that could furnish fur ther light on the matter. Returning to Montgomery by the end of the week. the data will be studied, --1 report made to the governor. The latter will render a decision. and both sides are bound to abide by the terms which he lays down.
 Early action, both by the committed and the governor, is expected
The Birmingham age-herald., 1921-03-04
Marriage Licenses

The following marriage licenses were issued yesterday at the office of the probate judge:
 William c. Key and Mrs. sai:ie Les lie Colbert.
 John c. Yeatman and Miss Dovie F. R. Mcfarland and Miss Mattie James c. Mccarty and Mrs. Maude Webster.
 Reuben M. Morris and Miss Susan B.v. Mcwhorter and Mss Cleo Be atrice Anderson.
The Birmingham age-herald., 1921-03-04
HIGGINS IS MANAGER

F. J. Higgins has been appointed To- cal sales manager for the National Biscuit company.
 Mir. Higgins began his career with the company in 1919 as salesman in New York. and was subsequently, ad- vanced to various positions of increas- ing responsibility. Recently he has been sales manager at Ciarksburg, w. Va Now comes his latest promotion to this city.
The Birmingham age-herald., 1921-03-04
EUents of Today
 In Birmingham

Civitan club luncheon at o'cloch' Southern club.
 ADJUSTMENTS I,yric-Ixeith vaudeville and pictures. Loeyy,s Bijou---VaudevilIe and pie tuIes.
 AIcaxar-HThe Branding Iron" Trianon--Char1es Ray, in s'Nineteen and Phyliss..
 strand--Cecil B. D'MiIle's 'sForbid- den Fruit,
 GaInx--Mary Miles Minter and Monte Blue in "A Cumberland Romance" RiaItO--Na azimOva, in "Biiuons. OdeOn--Serial drama and comedy. ss Princess-Serial drama and comedy
The Birmingham age-herald., 1921-03-04
PERSONAL

Mrs. Ida Adams. mother of W. J.. and Frank Adams. of Birmingham, and John Adams. of New York, was re- garded as being in critical condition 1t st. yincen1 hospital last night. She has failed to rally from recenr attack of paralysis.
The Birmingham age-herald., 1921-03-04

The union miners unite in insist ence on recognition of the union. Otherwise the union, nonunion and open shop mines don't differ from one another.
 The view of Chairman Sheehan was shared by Committeeman John W Durr. The committee spent the day Tt Bel tona union mines after giving a hear ing to Horace Gibson, representing the the union.
 CHAIRMAN SPEAKS
 Speaking of the visit to Beltona MT. Sheehan said:
 We went into the mines and en- tered the rooms in which the miners work. We saw and talked to the miners. individually and col actively. They talked to us in the same way. We visited the com missary, and ate the food that is carried by the commissary.
 We were accompanied by Van Bittner, chief representative of the union miners; w. l.. Harrison. mine union organizer and MT. Mooney. During they day they pointed out to us the various features of the operation of union mine.
 We remained until the coal was unloaded in the afternoon. We inspected the books of the com pany; we saw the houses; we went over the camp from one end to the other.
 Judge Charles B. Teasley. op- orator of the mine, joined us at
The Birmingham age-herald., 1921-03-04
Lack Of Recognition
 or Union Only Plaint
 OF Men to Committee
Union, Non-Union and Open Shop Mines Are Visited. Food, Wages and Living Conditions Pronounced Satsfactory-M Miners Talk With Three Mont
 gomery Men Who Will Report

"No complaint living conditions wages"
 This Wm T. Sheehan the governors strike Investigating committee.
 Sheehan living conditions the Alabama Fuel Tennessee and other