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THE BIRMINGHAM AGE-HERALD.
VOL. 35 0 BIRMINGHAM, ALABAMA. SUNDAY, FEBRUARY 11/19^0. 32 PAGES 0 NO. 2 <6 ALABAMA MOURNS O VER M’CLELLAN I JUSTICE THOMAS N. M’CLELLAN, Born in Limestone County, Alabama, February 23, 1853. Died In New Or leans, February 10, 1906. Chief Justice of the Supreme Court Suddenly Succumbs to Heart Failure on Train in the Outskirts of New Or leans While En Route to San Antonio. Capitol Building is Draped in Mourning and Governor’s Pro clamation Orders Executive Offices Closed on Day of the Funeral, Which Will be Held at Athens. MONTGOMERY, February 10.—(Spe cial.)— By order of Governor Wil liam D. Jelks the Stars and Stripes fly at half mast on the dome of the capltol today. The state mourns the chief justice of the supreme court. Thomas N. McClellan, who died early this morning ^ hile enroute to San An tonio, Texas, seeking «hj£?te more suited to his condition than that ol’ Athens, Ala., his home. The end came on the train just before it reached New Orleans, after a rather , trying night aboard. It is understood that his body will be sent through hero tomorrow morning for burial at Athens, his home. The supreme court, in a body, will attend the obsequies. Judge McClellan and his nephew, Thomas McClellan, came to Montgomery last night, reaching here on No. 3, Eouis vllle & Nashville, shortly after 7 o'clock. He remained until the regular leaving time of the train for New Orleans at 9:30. During the stay here several close friends and admirers of the eminent jurist vis ited him In the car and wished him a •afe journey. Among these were his associate on the bench, Justice John Tyson, Col. Paul Ee Grand, Robert F. Elgon, clerk of the supreme court, and Mr. Joel Barnett, of the capltol watchman, service. Each came away Impressed with the appearance of strength shown by the judge and talked among themselves of his evident pros pects of recovery. They were astonished when a telegram came to Judge Tyson this morning telling of his demise en route. Sorrow at Capltol. There is a feeling of gloom ail over the state house today as a result of the death of Judge McClellan, recognized as one of the most far-seeing and competent jurists in the south, or the nation. liis associates are peculiarly depressed and bowed down in sorrow. The court is practically adjourned, having finished the first call of the divisions several days ago, but remaining together to finish I up a number of investigations that had I been gone into and demanded early at- ! tention. Friends of the dead Judge crowded the j corridors of the capltol off and on all | day to ask questions and to learn of j the details of the end. There were men from every walk of life who had seen the quiet sedate man walk back and forth from the capltol for several years and had learned to watch for him. All were sorrowful, for though he was not demonstrative he had a large number of very warm friends in me general citizen ship of the city. Almost 53 Years Old. Thomas Nicholas McClellan would have been 53 years of age If he had lived until the 23d day of this month, having been born In Limestone county February 23, 1853. His parents were Thomas J. and Martha Fleming McClellan, coming by his mother from the well known Alabama family of the Moores. He was Scotch lrish paternally and English on the other, . and the family came to Alabama from Virginia. His ancestors on both sides of the house were Revolutionary fighters and heroes. His father, a whig in poli tics, was a member of the constifutional convention in Alabama in 1861 and 1865. 1 and member of the legislature In 1862, | and died at his home in Limestone coun ! ty In 18S7. Sketch of Life. Thomas N. McClellan began his career in the service of his state in 1880, when he came to the state senate. Before that time he was register in chancery of his ; own county for two years. He became i attorney general In 1884, serving as such until 1889, when he was appointed by Governor Thomas Seay to the supreme court bench, the legislature having pro vided for an additional member of that body. He served as associate justice un til 1898, when he was elected chief justice and re-elected in 1903. He was educated at Oak Hill college, Tenn.. and took his law degree at the Cumberland university, at Lebanon. Tenn. He was never mar ried and was an uncompromising demo crat in politics. Made Splendid Reputation. During his service in the judicial de partments of the state Judge McClellan made a splendid reputation. Members of the supreme bench of the nation recall often the argument he made in a well known Alabama case before the Wash ington tribunal and his speeches on that occasion made him one of the best known pleaders before the American bar. He was one of the most original of thinkers and searchers in law cases and never al lowed himself to be held down by pre cedent if that precedent were not in line with the best legal thought he had ac cess to. His last “opinion" was a defense of the position of the court of the question of capitol extension, which had been criti cised. It is held to be one of the most remarkable presentations ever sent out to the public. After that time he was never able to do much work and has been either at the springs or his home in Athens seeking rest and restoration. On ly a few days ago it was decided to send him to San Antonio. He died of heart failure, a result of Bright’s disease, It Is understood. To Bring Back the Body. Shortly after noon today Justice Tyson had a telegram from Thomas McClellan, who was traveling with Judge McClellan, his uncle, to the effect that the body would be brought through here tomorrow, reaching the union depot at 6:30 a. m., if the train is on time, and leaving at 8:20 for tthe north. There was somewhat of a movement to have the remains taken to the capitol and have them lay In state for an hour anyway in the court room, but that does not seem to have car ried. However, opportunity will be given friends here to see the remains while the trains are here if the matter can pos sibly be arranged. As soon as the report of the death of Judge McClellan reached Governor Jelks he had decorators summoned and the front porticos of the state house draped in mourning. The court room was also draped as were other portions of the cap itol. It is understood today that all the members of the supreme court save Jus tice Haralson, is not very well, and Judge Denson, whose wife is ill in a local hos pital, will attend the funeral. It is also anticipated that the governor will at tend. His Election. Chief Justice McClellan succeeded Chief Justice Brickell as the head of the court, defeating Thomas W. Colemen of Eutaw, who did not go before the convention. Judge Brickell retired Just before the elections of 1898 and resumed his law prac tice in Huntsville. The race between Jus tices McClellan and Colemen was a very interesting one and attracted many friends to Judge McClellan who did not know he was so strong. He was an easy win ner in 1903 without opposition, and would have iheld for four years yet if he had lived. The death of Judge McClellan will make it necessary for the Judicial convention next September to nominate two asso ciate justices and a chief justice. In stead of two associates as was intended at the time of the meeting of thfc Btate committee in January. The two associates who retire are Justices Tyson of Mont gomery. and Dowdell of Lafayette. There was some talk of Judge Denson retiring voluntarily at the end of this year, but those in position to know what they are talking about say that he has made up his mind fully not to do so. It is not denied that he had the matter of resig nation In consideration a few weeks ago but that has been put in the past now. DEATH WAS CAUSED BY HEART FAILURE Nephew Was With Jurist In New Or leans and Will Bring Remains to Athens. New Orleans, February 10.—(Special.)— Judge Thomas X. McClellan, chief justice of the Alabama state supreme court, died here suddenly this morning while the early morning Louisville and Nashville train was pulling into the city. Death was the result of an attack of heart fail ure which seized the eminent jurist just a short while before the train reached the city. Judge McClellan, who was ac companied by his nephew, Thomas C. McClellan, occupied a drawing room In one of the Pullman cars attached to the train. Judge McClellan was on his way to the west, intending to stop at San Antonio, Tex., where he would spend some time in the hope of recovering his health. (Continued on Second Page) DOLAN IS ON TOP AFTER THE STORM Ptlisburg Miners Halts Stormiest Session In History LEWIS POORS OIL IN VAII Convention Delegates Hold Caucus and Decide to Retain Lawyers to Con test Dolan’s Assumption of Presidency. .o'" I — Pittsburg. February It.-After six days of turmoil and strife the delegates to the miners' convention of the Pittsburg dis trict secured a breathing spell this aft ernoon by adjourning until next Wednes day. Before the close, however. Presi dent Dolan was successful in having the election tellers report read, and despite appeals from his decision declared him self. Uriah Bellingham and William Dodds elected respectively president, vice president and secretary-treasurer for the coming year. Confusion prevailed during almost the entire session today and order was only restored when Vice President Lewis, in a speech to the delegates, threatened to leave the city and not return. President Dolan announced that within 24 hours he would make public a statement of his position with the reasons for voting as he did at the Indianapolis convention. Will Make Legal Fight. Following the adjournment of the con vention 109 delegates held a caucus and determined upon a legal fight to unseat Dolan and Bellingham. The caucus de cided to employ attorneys to secure an injunction against the district officers forbidding them to withdraw money from the treasury of the organization and to enjoin Patrick Dolan, Uriah Bellingham and all members-elect to the district of fices from serving until a new election is held. The hearing on the Injunction secured by President Dolan restraining the dele gates from ousting him, w’hich was set for today, was, at the request of the defendants, postponed until next Wednes day morning. A brief hearing on the temporary in junction secured yesterday by President Dolan, of the Pittsburg district miners, against the delegates attending the dis trict convention restraining them from in terfering with his powders as president was held today before Judge Frazer In common pleas court. Additional time was requested by the defendants, and Wednesday afternoon at 2 o’clock was fixed by the court for the final hearing. Stormiest Meeting Yet Held. A session lasting one hour was held by the convention this morning previous to going to court. It was the stormiest meeting yet held and there was opposition to every matter presented by President Dolan. National Vice President I^ewis an nounced that President Mitchell had In structed him to remain in Pittsburg for a few days. Mr. Lewis also received a telegram from President Mitchell advis ing the executive board of the Pittsburg district miners that they wrere permitted j to draw on their treasury for funds to , retain legal talent In the Injunction pro- | ceeding. “I am personally paying my attorneys,” j shouted Dolan to Lewis and the dele- ' gates, “and the executive board will do j likewise. No money will be taken from j the treasury for this purpose if I can help it.” The convention adjourned until this af ternoon. The court proceedings of the morning apparently had no effect on the delegates ! when the convention opened this after- j noon and upon President Dolan calling for ! the report of ihe tellers, committee on i the recent election a warm argument at once ensued. For five days President Dolan has been trying to get this report before the con vention and when it was called this af ternoon Delegate Janies Watchorn moved an adjournment until next Wednesday. This the convention promptly ruled out of order, and the delegates insisted upon the appeal from the chair’s ruling being taken. But President Dolan stood like a rock and weilded the gavel in a defiant manner. A delegate here asked Dolan relative to his attitude on the Ryan resolution at Indianapolis. Dolan then said: Will State His Position. "Within twenty-four hours I will give to the world a full statement of my position at Indianapolis. I will send copies of this statement to every local union in the Pittsburg district, and also to every local union in the United States." President Dolan again asked that the tellers read their report and upon ob jection from various parts of the hall he accused the delegates of purposely de laying the proceedings and called their attention to the provisions of the injunc tion. National Vice President Lewis here took the floor and made an Impassioned plea. He urged the delegates not to ad journ the convention but to transact the business properly so that they could give an intelligent report of the convention's work. The words of Mr. Lewis had the effect of quieting the delegates and the tellers’ report was then adopted. The report showed that Dolan had re ceived 83»£ votes and was elected without opposition. Vice President Uriah Bellingham whs also re-elected, receiving 6435. as was Wil liam Dodds for secretary-treasurer. Appeal From Decision. At the close of the report and without waiting for action by the convention, President Dolan declared the officers named elected for another year. Con fusion again reigned and appeals from the decision were made by delegates from i all parts of the hall, but the chair ruled ; them out of order, and announced ad- j Journment until next Wednesday. Dolan’s opponents met immediately af- | ter the close of the convention and ap- • pointed a committee to employ counsel to fight the injunction. It was also decided to take legal action enjoining the newly elected officers from taking their seats April 1. Anderson Flower Is Dead. New York. February 10.—A cablegram received here today announces the death on the steamer Republic of Anderson Flower, of New York, an importer and coal operator. SSZZS'jf'tyv _ ^<s y^N^\\w.\Xl<<,C,/ ill.I ll v i \ \ \ uvv\ ' I ANOTHER CHICK HATCHED. HOUSE MOST ACT AS FIGURE HEAD Congress Will Adjoin^ Much Earlier Than Expected MAY REACH 100,000,000 Director North Has Figured That the Increase In the United States Should Be at Least 20,000,000. Washington, February 10.—(Special.)— From now on the House of Representa tives promises to assume the position that the committee on rules has given it, and its proceedings will be of only relative Im portance. Having passed the railroad rate bill, the Philippine bill, the statehood bill and the emergency canal bill, nothing is left for it but the cut and dried appropri ation bills, which will be reported from committee from time to time. Interest now centers In the Senate, and on the several propositions of great na tional interest it Is presumed that the House will have to take anything the Sen ate passes. While they are unable today to state the basis of Senate committee compromises, republican leaders express the opinion that Congress will complete Its labors and adjourn several weeks in advance of the usual length of the long session. Need the Delaware Senator. The Delaware legislature may again he called into extra session on account of the insistence of the President that another republican vote is needed In the Senate to help in the ratification of the Dominican treaty. As matters stand one vote cannot help the treaty even conceding that Pat terson, McEnery and Clarke will vote for it. but those who are anxious that the existing vacancy be filled, are using the Dominican treaty as a club over the gov ernor for an extra session. Governor Lea is understood to hold the position that he will not call an extra session unless he Is assured of a sufficient number of pledges to elect a senator. Up to this time the Addieks-Dupont strife has not Insured this result. Consider Whipping Post Bill. The House District of Columbia commit tee will consider on Monday the bill in troduced by Representative Bertie Adams, providing for the establishment of the whipping post for wife-beaters in the District of Columbia. Regardless of the recommendations of the President, it does not appear that the bill is favored by a sufficient number of members to secure Its passage. Mr. Adams is a bachelor. Only Twenty-four Southern Men. Out of more than 300 employes of the con gressional library, only thirty-four are from southern states was among the facts deduced at the House sub-committee on appropriations hearing today May Reach 100,000,000. The population of the country when the next census is taken in 1910 will approxi mate the 100,000.000 mark. This fact Is In dicated in a recent report made by Chair man Crumpaeker of the House eensus committee to the House. Director North looks for an increase of 20.000.000. The census gave the country a population of 70.000.000. If Director North’s estimate proves correct, the population will be 90. 000.000. Commits Double Tragedy. Philadelphia. February 10.—In a jealous rage Frank Populace, aged 29. today shot and instantly killed Mrs. Jahlausky, aged 35 years, with whom he hoarded. Run ning to the street he w'as pursued by a crowd and after a chase of two blocks he turned the weapon upon himself, dying almost Instantly. HAS NEW PLAN FOR ARCTIC EXPEDITION _i— SUBJECT OF DENMARK WILL MAKE THE TRIP UNDER STARS AND STRIPES—MR. ROOSEVELT INTERESTED IN THE PROJECT. - Washlgton, February 10.—Upon the theory that exigts in the Arctic regions an enormous aVchlpelago, as yet unex plored, lying between the Parry Islands and Wranglelaful, off the Siberian coast, Capt. 12 J mar Mikkelson, commander of the Anglo-American polar expedition, will undertake what is said to be an entirely novel campaign in Lite history of Arctic expeditions, Although a subject of Den mark, the captain, upon discovering the new continent. Intends to plant there the American flag and claim it as a possession ,,f the United States, lie has no Inten tion of trying to reach tile north pole, an undertaking which lie believes to be improbable and useless of attainment. Uupt. -Mikkelson today, accompanied by the Danish minister ami Mr. Henry Ed ward Hood, of New York city, called upon the President and explained to him the objects and purposes of the expedi tion President Hoosevelt expressed Ills hearty approval of the enterprise. It was explained that the intention of Capt. Mikkelson is to make scientific investiga tion, which will probably result in new and important additions to present knowl edge of several branches. Capt. Mik kelson will have as ills companions on the expedition, which It is proposed shall start from San Francisco in May of the present year Ernest Deffitigwell. of the University of Chicago, and KJmar Dit llevsen, of Copenhagen. Mr. l/eftlngwell is a prominent educator of Knoxville. 111., arid has subscribed to the undertaking, hs has Mikkelson himself. Additional sums have been contributed by individ uals in America. In its entirety the ex pedition goes out under the auspices of tiie Koyal Geographical society and an American magazine. WHITES AND BLACKS IN THE SAME SCHOOLS Supreme Court of Kansas Holds That In Smaller Towns Rsces Can Not Not Be Separated. Topeka. Kaa., February 10.—The state supreme court today decided that in the absence of a state statute granting such power, ’boards of education In cities of the second class have no right to separate negro children from whites in the public Schools The ease that brought forth the decision came from CofTyvIlle. where i -Bud'' Cartwright, a negro, demanded that his daughter lie admitted to the sameischool room with white children, iiitlioijgii a separate room was provided for the negroes. Mandamus proceedings were brought before the supreme court to compel the board to admit Hie Cartwright girl. T,,,jay's decision does not affec t that recently rendered by the same court up holding the act passed by the lust legis lature providing for the separation of white and negro children lit public schools In cities of Hie first class. Present for American Navy. London. February ID—The blue Jackets of the British second cruiser sciuadron will shortly present the Aniericun navy with a handsome silver cup us a souvenir of the former's recent vlalt to the United Stales. It bears an inscription recalling with grateful remembrances the inuny kindnesses, tokens of good fellowship and wonderful entertainments given by their American cousins to their comrades across t'he sea." _ Lawyer Convicted of Forgery. New York. February 10.—Benjamin E. Valentine * a wealthy Brooklyn lawyer, was convicted by a Jury In Mineoia, I,. 1 today of uttering a forged deed con veying property from his wife to his mother The property is located In Cedar hurst, L. I„ and in California. PHILIPPINE TROOPS FOR UN EMERGENCY Can be Used in China on Short Notice TAFT AGREES WITH ROOT Conditions In China Bear Very Strik ing Resemblance to Those That Preceded the Boxer Up rising of 1900. Washington, February 10.—It Is prob uble that Secretary Root will have an opportunity to explain to congress through one of the house committees the actual need of the proposed Increase of the number of American troups in the Philip pines. which led to the pussage between Secretary Tuft and the senate commit tee on appropriations recently. For It Is stated to be the case that the war department In moving In this direc tion Is simply following the suggestion of the state department, and It is prob able that the secretary will tlnd It neces sary under the plan of holding a rone ready for service In China If It is to he abandoned to explain to congress the racts which have impelled hint to make the suggestion to Secretary Taft. This explanation will doubtless be made In confidence, for although It is known In a general way that the state department has had many disquieting reports from its agent In China. It would scarcely he dip lomatic to publish them. It can be stated, however, that the con ditions In China at present hear a striking resemblance to those that preceded the Boxer uprising of 1900, and the position of the state department Is that only the presence of American troops made the Pekin relief expedition possible and saved the lives of the legatloners It would not he Justified In refraining from taking the precaution necessary to avert a possible loss of American lives and property, not only at the legation In Pekin, but among the missionaries and American business men in the Chinese trade centers. TAKE UP DIVORCE EVIL. Delegates From Forty-two States to Assemble In Washington. Washington, February 10.-Delegates from forty-two states and the District of Columbia forming the divorce congress, will convene In this city on Monday, the I9t'h Inst., to perfect a permanent organ isation. Governor Pennypacker, represent ing the state of Pennsylvania, which Init iated the movement, will deliver an ad dress. In the afternoon President Roosevelt will receive the delegates, and on the following day representatives of the Inler chureh congress will report on the action which the Interchurch committee on mar riage and divorce has taken on the sub ject. These reports consist of Bishop* Doans of Albany. N. Y., chairman; Rev. Dr William H. Roberts, secretary. Phil adelphia; and Messrs. John K. Parsons and Francis Lyndestetson of New York, and Judge William I,. I.tinning of Tren ton. N. J. —— — - — Kills Two Young Men. Rochelle, Ga., February 10.—At the home of J**»hc Hearn, north of Rochelle, last night Joe Watts shot and killed D. 8. McDuffie, Jr., and Orrln H. McDuffie, Hone of D. 8. McDuffie, Hr., aged 10 and 16. They were at the gate leaving for home from a party. There were a few wolds between Watts and the elder Mc Duffie. Then Watts shot both the young men through the heart, killing them Instantly. Watts> fled and la now being pursued by the sheriff. THEM" Admits Tint He Hie Uncontrol able Desne to Slab Young Women With Knife BREAKS DOWN AND TELLS POLICE THE WHOLE STORY Seventeen Girls Have Been Stabbed On Streets of St. Louis, Fourteen Being Attacked In One > Evening. St. Douis, February 10.—John Brady. 22 years of age, a waiter out of employment, was arrested this morning on suspicion of being the young man known as "Jack the Stabber," who stabbed a number of women on the streets during the past three weeks. After being questioned, tha police state that Brady confessed that ha had done the stabbing and was the per son for whom the police have been search in . Brady was arrested early today In a resort where he had on a previous visit boaBted that he was "Jack the Stab ber." When he called early today, the police were secretly notified and he was taken Into custody. At first 'he denied all know ledge of "Jack the Stabber." but on be ing confronted by several men who had held “Jack the Stabber" and released him on thfc street one night, who positively Identified him. Brady. It is stated, con fessed. His parents live In the city. He has three brothers and three sisters. Breaks Down and Confesses. Brady was closeted with Chief of De tectives Desmond for only a short time when he broke down and confessed. On the chiefs desk lay the pocket knife that had been taken from the young man when he stabbed several women on the street one night three weeks ago and had been released before it 'had been ascer tained that he had stabbed the women. Brady Identified the knife. "I Just took that knife and stuck It Into them," said Brady, In a high, effeminate voice, and with no show of unction or excitement. "I don't know Just how the Idea first came to me. When I stabbed the wo men. I delighted In it. Just one quick stroke and It was all over. 1 did not pick out women particularly, it did not make any difference to me so long as they were women. I never thought of stabbing men. I think the first woman 1 stabbed was at ICIghih and Olive streets. After that I was excited and did not know how many 1 stabbed or Just what I was doing." Identified by His Victims. Brady was Identified during the day by a number of the women who had been slabbed as their assailant. He looked at the women contemptously, but said noth ing. A total of seventeen women and girls have been stabbed on the streets, four teen having been stubbed during the early evening of January 22. None was seriously wounded. Brady Insists that he did not stab all of them but admits that he does not know how many were victims of his knife. He said: "I h'ft my home fearing that I would be seized with the uncontrollable passion to'harm women and attack my sisters." Information charging Brady with intent to kill was Issued this afternoon to kill Miss Roskoff at the Instanee of Miss (trace Kngllsh and other women who were stabbed while walking along the streets. THREE WHITE MEN BURNED IN JAIL City Barracks at Eastman. Ga„ Ars Entirely Consumed By Fire of Unknown Origin. Kastman, <!a., February 10.—Hast night the city barracks caught Are, the build ing. together with its three inmates, who wore placed there for being drunk and disorderly, being consumed. The Inmates were D. A. t’ooper, Elbert Mullis and John H. Hart, all white men. Cooper was about 56 years of age and left a large family. Mullis was about 50 years of ago and leaves a large family also. Hart was a young man and left a widow and child. The origin of the fire is unknown, hut It Is supposed lo have caught front the Inside by a mateh being dropped In the bed. PEEL SEES PRESIDENT. t resident of Foo Chow College Tells of Conditions. Washington. February 10—President Roosevelt hud s talk today with the Rev. Lyman P. Peel, who for eighteen years lias been at the head of the American college at Foo Chow. China. He was pre sented to the President by Senator Bran dege of Connecticut, who was a class mate at Yale. The President and Mr. ; peel discussed conditions In China at [ some length. HIs school Is attended by jjd men of the higher class of Chinese and Is a successful Institution. Mr. Peel who has made a close study of conditions In China, told the President that the boycott against American pro ducts. in his opinion, was getting worse. It has been the cause of several ugly riots and crimes. Mr. Peel said that the Chi nese officials show a desire to abate the boycott and to insure peace but In many Inatances they secretly encourage the boy cott