davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
BLUE BOOK OF THE SOUTH

The 1923 Blue Book of the Manu-
facturers Record, which is just from
the press, is compendium of the re-
sources and progress Of the Southern
states. The volume will be of great
value for ready reference by manufac-
turers, bankers, those interested and
engaged in agriculture and all those
who have cause or desire to know
what the South has done, is doing and
is capable of being. 1t contains a
mass of boiled-down information COM
piled from the reports of the United
States census and other reliable
sources of exact information, and so
arranged that it is readily and sue
entity available. A particularly valu-
able feature is the summary of the
progress each Southern state COM
prised in brief presentation of that
progress in score of different lines.
1t is book that every office will find
of great service. Ready access to the
data will save much of that time and
labor that must otherwise be expend-
ed when there is call for this informa-
ton. The Blue Book Of 1923 is on the
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
MOTHERS OF FAMOUS
MEN
Mother Of Edward Burne-Jones

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A sweetly tragic story. like a
fragrant of an old love song. Is
the story of tho mother of Edward
Burne-Jones. the great English
painter, whose work Is chiefly
characterized by spirit of great
delicacy, fragility and wistfulness.
Although he never knew his
mother. It seems as though her
spirit lowered behind his brush,
and gave something OF her quality
to everything he painted.
Her name was Elizabeth Coley,
and she had married his father
whom she was hardly moro than
girl. after a courtship which did
not meet tho approval of her pa
rents. But their love was strong
enough to surmount all obstacles,
and the marriage took place. Their
years OF perfect happiness in each
other. marred only by the death
at birth of daughter. Conse-
Quently, when they discovered
there was another baby coming,
their Joy was unbounded. They
felt that only a child was neces-
sary to make earth a paradise for
them.
Then tho baby came, q son,
which they had both longed for.
But his coming cost his mothers
life. and for weeks the distracted
young father would not look at
him. He could find no Joy in the
innocent wrecker of his happiness.
Eveneutlly, OF course. his atti-
tude softened. and he and the boy
grew closer. with the mothers
memory as a bond between them.
Elizabeth Coley is supposed to
have been a singularly beautiful
girl, although there Is no picture
Of her extant. Her only likeness
was preserved in an ivory minia-
ture, which was given to Edward
to look at when no was a very
young child. In some manner he
destroyed 1t. and lost her beauty
to posterity except for the feeling
Of her beauty in tho faces of
Burne-Jones paintings.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03

the immortal bard's plays are freely
expurgated before their presentation
to modern audiences. Europe's toler-
alton Of and delectation in the sala-
cious is no criterion for America. Con-
ditions and standards vary in differ
ent periods and localities. A begin
ming in condemnation by the courts
of some of the risque and prurient pro-
auctions that appeal to the baser in
stinets is encouraging as step to-
wards elevating an institution fraught
with possibilities for education and
uplift.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
Put Justice First, Lawyers Are Urged

pie to understand that criminal
laws are enacted for the protec-
ton of the state, and that these
statutes are not instruments with
which to adjust personal griev-
ances and to remedy private
wrongs. AS a matter Of fact. they
are frequently made the avenues
along which private wrongs travel
to destination. In many OF the
jurisdictions of this country when
crime has been committed tho
injured persons employ the best
lawyers obtainable to assist in the
prosecution. And, of course. the
flower of the profession is en-
ployed to conduct thy defense.
Men now insure theif property
with the understanding that II it
is stolen the insurer will prose.
cute the thief to the limit of the
law. and, on the other hand, there
are associations which pledge
that. regardless of the crime
charged. they will come to the de-
Tense of the accused.
The clear distinctions between
the civil and criminal law should
10 Oh dPuIOuSly MdIUld1HGu, par.
ticularly in the administration of
the criminal law. We should
never get away from these facts:
That the crime which was commit
ted was a crime against the state;
that no law has been enacted per-
hitting criminal prosecutions for
the rectification Of private injury;
that 1t is always the peace and
dignity of the state which are to
be maintained, and that for breach
of its peace and dignity punish
ment is to be imposed. No person
should be permitted to Join in the
prosecution of a man unless he
shall have been appointed by the
court and paid by tho state. and,
conversely, no one should be per-
mitted to defend a man unless
regularly employed by the defen-
dant or his family. or assigned by
the court. II 1t Is argued that
under such procedure a smart
prosecuting attorney or a
brilliant lawyer for the defense
would have things his own way. I
repeat what earlier stated, that
the crime. II one were committed.
was a crime against the state, and
that all lawyers, whether appear
ing for the prosecution or the de-
Tense. are first of all officers Of
| the court.
If prosecutors would cease to
believe that their business IL to
convict, even though innocent men
are on trial, and II attorneys
would come to realize that they
have no right to secure acquittal
Of criminals by superior knowl-
edge or skill. the administration
Of criminal justice would be bene-
fitted. The Joint opinion Of the
Judge, prosecutor and lawyer for
the defense, all skilled in the law,
would quickly and properly es-
tablish the guilt or innocence Of
the defendant. The guilty man
would not be wholly deprived Of
defense. He would DO permitted
to show extenuation on the ques-
ton of punishment. The laws de-
lay would end. It would render
conviction surer. and crime would
be reduced as tho certainty Of
conviction grew. After all. GER
tainty, not severity. is the goal to-
ward which the criminal law
should move.
Copyright. 1928. by 31st Century
Press.)
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
ONE TRICK A DAY
Hidden Coin Trick

This is little Illusion per-
formed with two half dollars. In
most tricks the size of the coins
used Is optional. but in this par
ticular one 1T is essential that you
use fifty-cent pieces.
Place one half dollar between
the thumb and index finger of
the right hand in vertical posi-
ton and behind it, between the
same fingers place the other half
dollar in a horizontal position.
Turn the hand around to exhibit
all sides of the vertical coin, SO as
to show that the edge Is that of
only ono coin.
Be careful. though, to. hold the
coin SO that the horizontal one is
effectually concealed from the au-
dience. After having shown the
coin, close the hand and cause the
two coins to clink together, then
open the hand and display on its
palm the two half dollars to the
establishment of your audience.
Thereupon. throw the coins upon
the table for examination.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
A SHOW is FOUND GUILTY

For the first time in New York the
producer and all the members of the
cast Of dramatic production we're re-
Gently found guilty by jury of vio-
lating the penal laws by presentation
Of an immoral play. This is interest
ing to theatre patrons generally, be-
cause most Of the dramatic produc-
lions worthy of notice have their in
itial performances in New York. 1t is
further interesting because punish
ment under the law for such offenses
will accomplish far more to elevate
the stage than adverse criticism on the
ground that either conception or pre-
sentation is immoral or vicious. Such
criticism as a rule serves to advertise
these plays and attract larger audi
ences of those who are on the lookout
for that sort Of thing for their own
delectation.
In every large city more or less
harmful plays are presented from time
to time under the guise of teaching a
lesson through the solution of some
problem involving domestic life, bust
ness ethics or otherwise. Often the
self-respecting person attending such
performances discovers that the real
problem is to get out of the play
house before some acquaintance whose
standards he respects finds out that
be is present.
Producers of these plays frequently
undertake to justify them on the
ground that they had "quite run"
In Europe; that Shakespeare and some
IF the other classic writers "wrote
down to the pit" and so on. Many of
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03

Something may and should be
done. however, to prevent whole
sale convictions and acquittals ac-
cording to the temper of the COM
munity. Personally. 1 am sorry
that the courts have held that an
American lawyer was not bound
to defend a man who was unable
to pay fee. and l am equally
sorry that the courts have held
valid contracts for fees contingent
upon success. Such decisions
have not elevated the lawyers
profession. l would not have it
thought that l was complaining. l
have the deepest regard and VEN
Grafton for the legal profession. 1
spent most of my life in it. Yet
| feel that commercial age has
had an effect, far too great, in
commercializing the law.
Untold numbers of young men
are admitted to tho bar by the
taking of simple oath that they
will faithfully and impartially
discharge their duties as attor-
neys. They are accepted without
being required to give considera-
| ton to what they really were in
tended to be under our system.
They assume that their admission
marks tho beginning of an oppor-
tunity for success, that their re-
sponsibility Is measured by their
knowledge and skill, and that they
are engaging primarily In the
business Of making a living. They
completely overlook the fact, If
ever 1t was brought to their at
tention, that they are officers of
the court in which they practice.
presides. Great Britain has never
weakened on this. No English bar
rister has yet been able to get
away from his own responsibility
for the administration of justice
or succeeded in laying his respon-
sibility exclusively upon the court.
/ sometimes think that II there
were less teaching of technique
and more of ethics in our Ameri-
can colleges of law some of the
failures of justice might be avoid
ed. The lawyer might not grow
SO rich, but he certainly would
have an easier conscience. An
unfortunate client would find
himself still more unfortunate If
his lawyer. discovering his guilt
and unworthiness, would frankly
so inform the court. This might
bust up law business, but 1T would
help to bust up crookedness also
The element Of chance always
exists in the trial of criminal
cause, but the law itself ought
not in any way to add any chance
The innocence or guilt of the de.
PENDANT should not be Of sec
ondary Importance to the relative
skill Of counsel. The rights of the
commonwealth and the liberty OF
the accused are something more
than mere pawns In a game be-
tween a prosecuting attorney and
a lawyer for the defense. Yet II
Is impossible to establish ar
idealistic setting because of the
commonly accepted theory that il
Is the business Of the prosecutor
to convict and Of the defendants
attorney to bring about acquittal
| Unmindfulness Of the fact that
every lawyer Is an officer of the
court. whose sworn duty it Is to
aid in the administration of JUS
tice, has brought about this con-
| iition.
1t seems quite difficult foS PEG
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
BY THOMAS n. MARSHALL,
Former Vice President of the
United States

Whatever else we do. we must
not permit ourselves to indulge In
indiscriminate criticism of the
verdicts OF juries and the judg-
ments of courts. We must remain
ever mindful that every principle
has to be applied by purely hu-
man intelligence. 1t naturally fol-
lows that what twelve men might
say another twelve men might not
say. and that what twelve men
might say at one time or in one
place they themselves might re-
fuse to say at another time or
place. Tho best as we'll as the
worst of mon accumulate preju-
dices. regional prejudices and
other prejudices. Most of us also
have our opinions colored by the
blood in our veins and the occu-
pations we follow. Cold blooded
men. as a case in point, do not
reason along the same limos nor
reach the same conclusions as hot
blooded men. So that which may
seem to some to be a miscarriage
OF Justice may appeal to the men
who decided tho cause and to the
community most interested as be-
ing the absolute perfection OF
wisdom.
/ do not argue that we ought
not to attempt and keep on at
tempting more and more to ap-
proach a perfect standard where
by may be measured disagree
ments between all races and con-
nf n oil al
that thoughtful consideration of
judicial questions must never be
displaced by indiscriminate criti-
cism. However much any Of US
may rail about law. 1t is we'll
rooted If 1t suits the people most
concerned, and the chance of
changing 1t will be slight unless
and until the attitude of the peo-
Pile toward it undergoes change.
We may we'll allow lawyers to
devote themselves to the over
ruling of court decisions. AS for
the rest of us, the best We can do
is to devote ourselves to changing
the outlook of the community or
the outlook of the lawyers.
Tho administration of JUSTICE
speak particularly of criminal law
lis akin to malaria. 1t has pc
RODS of chills and fever. For a
time a community will take so
little interest in law enforcement
that every defendant goes acquit.
Almost any lawyer at such time
can raise reasonable doubt as to
whether the deceased might not
have dropped dead from heart dis
ease between the firing of the
weapon and the penetration of his
heart by the bullet. Finally some
thing occurs to arouse the public.
The newspapers talk about a
crime wave. Citizens become ex-
cited. and then woe to defendants.
Every man accused of crime is
found guilty. Slight circumstan-
tial evidence Is sufficient to con-
Wet under these circumstances.
Public opinion Is like pendu-
lum of clock. 1t will move
across the entire arc and back
again. 1t Is not possible. even
II 1t were desirable. which
doubt, to bring 1t to a stop. This
constant movement through the
centuries has been the compelling
force that has moved the hands
forward upon the dial of destiny.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
LEASE SYSTEM DEFENDED

| NNAopAio ItC6lStC
A citizen writes to tho Bir-
mingham Age-Herald. repeating
the argument that tho state has
sole control OF the convicts and
that the state alone IL RESPONSE
BILE for any mistreatment; conse-
quently. the lease system is not
at fault. He ignores tho main
charge that working tho convicts
under lease in the mines exposes
them to ill-treatment. no matter
who is in charge of them-and
that the state has no moral right
to make money at the expense of
the sufferings of the condemned.
The convicts are penalized to per-
form hard labor for certain Pc
RODS of time. but cruel and I'M
usual punishment Is forbidden BY
the state constitution.
The citizen argues further that
the brutality complained Of took
place during Kilby's administra-
ton. the inference being that it
is not taking place now; but this
proves too much. 1t IL a con-
control. brutality was practiced.
II so. 1t can be practiced again.
and will be. unless 1t Is prevented
by abandoning tho present sys-
tenn.
Tho writer in The Age-Herald
Is Of the opinion that there Is no
assurance that the convicts will
be given better treatment II
taken out of the mines: but he
Is answered by the fact that
the brutalities complained of al
ways are inflicted upon convicts
in the mines. and that there Is
no charge Of brutality to con-
victs In the states prisons. On
the contrary. the prisons are said
to be humanely conducted and
we'll deserving of praise. Even
II this were not so. however. 1t
would be a good thing to make
the change; for. at least, the con-
Wet lease system Is shot through
with barbarity. A change to some
other method OF treating the con-
victs could hardly be for the
worse.
| Evidently, tho citizen Is some
thing Of . theorist. for he sug-
gests that the governor order the
! grand juries in every county to
make an investigation, calling the
philanthropists as witnesses. and
indicting every guard, warden and
inspector guilty Of brutality. Also
he would expend enough of the
present earnings from the con-
Wet system to clothe. feed and
properly lodge the convicts. care
for their health and provide them
with reasonable recreation. In
short, he would reform the lease
system, not abolish It: forgetting,
as he does, that reform has been
tried in several shapes. and still
there is. by his own confession.
great need Of reform. This mans
plan begins its work at the
wrong end. He would seek to
cure evils when he should attack
them at their source. and prevent
their development. This attack al
the source Is what the "phildn-
thropists" advocate. Their meth
cd may not prove perfect. but II
has the manifest advantage over
the existing practice. in that 1t
has logical premise. and has not
yet been proved impracticable.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
PEOPLES FORUM
Liked "Me,noriai. Editorial

AAAcu 'McInOr1HI' EOItOEIul
To tho Editor Of The Age-Herald
Will you permit an appreciative
reader to congratulate you on
your editorial on Memorial Day in
your issue of Mey 80. 1t Is diff
cult to see how anyone could have
handled the subject any better.
The general tone and quality Of
the editorial page Of The Age
Herald puts 1t in tho class with
the best in the country. You are
no doubt aware that there are
people who appreciate editorials
based on facts and directly ad-
dressed to main issues even when
they do not always agree with
them. But perhaps It Is some en-
couragement to the editorial staff
to have such opinions expressed.
VIII you please accept this letter
in that spirit7
JOHN STEPHEN SEwELL.
Birmingham, Ala, June l. 1928.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
A Sad Departure


VTHIIdUeBd DdIIy IIUIIIeT
One Of the saddest things is the
departure of song bird. Most
of them come and go from year to
year. and when one Is missed,
something is wrong. The public
has lost a friend. and nature is
robbed of a charm. The fault Is
somewhere, 1t Is usually a worth
less tom cat. or the nuisance of
the boys air rifle. Yes. the fam
lily will stay. and have a represen-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03

Greene County Democracy
Judge John Mckinley, who wao
detailed to try that burglary
case in Birmingham last week.
fulfilled his campaign slogan.
speed up the courts" the defend
ants lawyers tried to get a post
ponement. but there is no time
like the present." said the Judge.
and the court proceeded. The
prosecution secured a conviction
on circumstantial evidence. II all
the courts were run on schedule
time. there would not be 20 much
crime. ~
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
Explanations Needed
Mobile Register)

Colonel Ashburn can do a use-
fully service by explaining to
friends of the Warrior. and to
Alabama shippers. why conditions
exist which threaten to destroy
the Warrior barge line. and by
telling them what they can do
to obtain relief from a situation
which they believe to be unjust
and discriminatory. The water
way officials have not made
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03

their position clear. In justice t
themselves and to the friends and
patrons of the Warrior line, they
should try to clear away the mis-
understanding which has sub
jected them to the criticism that
they have not shown the proper
zeal and disinterestedness In pro-
tecting the interests Of the War
rior.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
Telephone 1s Telephone
Main IeOo SSASSs asSa[ Main 1900
NEW YORK AND STATES RIGHTS

laws in New York has aroused ma
tion-wide discussion as to the prin-
ciple of states rights involved The
distinction must be made between a
constitutional amendment and the
federal code adopted for the enforce
ment of that amendment. 1t appears
from a reading of the statements of
Governor Smith and of others who
advocated the repeal of the state code
that they construe their act as ex-
pressing disagreement with the Vol
stead acts Interpretation and applica-
ton Of the Eighteenth amendment.
The State Of New York believes that
It has the Fight to interpret that
amendment in accordance with the
thought Of the majority of its legis-
iators. Its code was experimental, has
been deemed a failure by ma
jority Of its legislators, and by the
governor, and has been repealed.
The governor declares his adherence
to the constitution in Its entirety
and has said that the state officers
will be instructed to cooperate
with the federal government in en-
forcement Of the federal act. The
weakness in Governor Smiths posi-
ton is that his state is now left with
out any Interpretation Of the consti-
tutional amendment, and that the
courts and police officers of the State
of New York now are without any
effective basis for cooperation in the
enforcement of the law of the land.
In that position the governor and the
legislature find themselves without
adequate defense in the eyes of the
nation.
The policy Of the Southern states
as regards the Fifteenth amendment,
respecting suffrage, is that when it
comes to question of the regulation
of franchise rights Of the state, the
South interprets this right into state
laws governing the privilege of ballot.
Every state has its franchise regula-
tons and requirements. In most
states white residents may not acquire
the right to vote until they have COM
piled with regulations with respect
to period Of residence. Many states
have requirements of registration and
payment Of poll taxes as prerequisites
to the right to vote therein. This lati-
tude Of Interpretation of the Fiji
teenth amendment has been upheld
by decision Of the United States Su-
preme Court.
So far as Alabama is concerned,
the Eighteenth amendment is not an
issue. Alabama was prohibition
state before the ratification of that
amendment, and the state code far
surpasses the federal code in it's re-
strfctions upon prohibited liquor, even
going so far as to forbid anything
which foams like, smells like or
tastes like the beverages banned
That code manifestly represents the
majority sentiment in this state. The
fact that some state codes afford a
more strict Interpretation of the
Eighteenth amendment and others a
less strict Interpretation than the fed
eral Volstead code shows very clearly
the latitude of Interpretation the
states are implicitly allowed as to
constitutional provisions. Such inter-
pretative codes are clearly within the
province Of states rights and are in
alienable under our constitutional
right maintained, without equivoca-
ton, by Alabama itself.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03
Should Plant More Corn
(Greenville Advocate)

Should the price of cotton go
down to less than the cost OF pro-
duction, which is always probable,
then there is going to be suffer-
ing and disaster in this. the great
est. county in the state. 1t Is not
too late to plant corn. and every
man should plant enough to sup
ply his own demands at least.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03

order Of that of 1922, but is larger
and contains much new data. It does
credit to the Record and is calculated
to make Southern readers more than
ever confident in the destiny Of the
Southland,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-03

The story of the capture off the
Florida coast Of fish that weighed
$4,000 pounds will probably hold the
championship in yarn-spinning until
the season is sufficiently under way
for some angler to claim that it was
the mate to the one he was batting
with.