The Birmingham age-herald. [volume], January 29, 1913, Page 2, Image 2

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
TAX COMMISSION TO
BEGIN IRK SOON
Assessments for 1913 Re
sumed February 1
GIVE JEFFERSON REST
Assessments in Southeast Alabama
Will Be Taken Up by Assistant.
O'Brien at Present at Work
in Bibb County
Montgomery, January 28.-(Specian—
Assessments for the year 1913 will soon
be taken up by the state tax com
mission. This announcement was made
this morning by Murray L. W bite, secre
tary to the tax commission, who declared
that the members of the commission
would begin work in various parts of
the state not later than February 1.
Tiie assessment in southeast Alabama
» will be taken tip by F. P. Martin, one
of the assistants to the commission. Mr.
Martin will visit the counties of Bullock.
Barbour, Pike, Henry. Houston, Coffee
and Geneva.
The itinerary mapped out for Mr. White
Includes several counties in north Ala
bama and Mr. White announced that
he will begin his duties in these counties
within a short while. Eugene O'Brien
of the tax commission, is at present at
•irk in Bibb county and it Is likely that
duties will lie confined to a number
counties in the western part of the
«te.
lefferson county will probably tie let
one tills year, according to informa
,11 given out by the members of the
-X commission. The work in Jefferson
•tiiity last year consumed considerable
' ijne and as a result a number of other
mntlrs in the state did not receive
eir shRre of attention. Ho far as can
learned the commission will devote
i he greater part of tills year to work
in the smaller counties of the state with
little probability that Jefferson, Mont
gomery, Mobile. Conecuh and some of
the other more populous counties will re
ceive any large share of attention.
The commission will keep In touch
with the work of the lax assessors and
lax commissioners of those counties and
iherc will be conferences tieid with these
officials of an advisory nature, although
it is not likely that the commission will
spend any considerable time in any of
the larger counties.
Incorporations
$40i)i)—The Sanitary Cigar Salesman com
pany. Harwood M. Jones, president and
Measurer; G. W. Lindsey, secretary.
$3000—Jefferson Iron Ore company,
Thomas Dozier, president; R. G. Slocumb,
vice president, and A. F. Kcnamer, sec
retary and treasurer.
Wednesday STilT Jan. 29
GEORGE EVANS’
HONEY HOY
Minstrels
SIXTY “CORKEltS'’
All New Thin Year
On January 6th The New Orleans Times
Democrat said: ‘‘Probably no better
Minstrel Show over came to New
Orleans than that in which George
Evans’ Honey Boys opened lust night.”
Uviooli • Matinee, 25c, 50c, 75c, $1
jrrices, \tgiit &or, 75c. 91, 91.50
SEAT SALE MONDAY
“The Event of llie Mcnnou
Thursday, Jan. 30
CURTAIN «Jl5
Werba and Luescher present the Fun
niest of all American Comics
Z In His
q Smash
q ing Suc
Z cess
U
• Over the River
Direct From Six Months Globe Theatre.
New York.
Original New York Company and Fro*
Unction of 100.
Price* 5©c to 92. Seat* ou Sale Tuc*Unf
Friday and Saturday and Sat
urday Matinee, January 31
and February 1
Night Curtain Htl5
A* G. Delamnter, Producer of Clean
Play*, PreNentM
The New Song Play
FRECKLES
EXACTLY SAME COMPANY PLAYING
Nashville, ihkmingham, At
lanta, NEW ORLEANS, MEM
PHIS, ST. LOUIS AND
CHICAGO
MATINEE 25c to 91.00
I IVlvIJO-NIGHT 25c to 91.50
Seat Sale Weduemlny
I
Thursday, February 6
The Kluge ot l.augliter
WARD & VOKES
and LUCY DALY
In a Xew Edition of the bin: aucoeH
“A Run on the Bank”
Prices 15c, 25e, 35c, 50c. 1'bone 1143
Next Week—“Three Twins”
MAJESTIC vvi£“b
10c 52^5? 30c
Sat. Mat. Entire Lower Floor 20c
Klghta. 1st Show, Lower Floor, 20c 4k
30c (Reserved Seats), Balcony 10c,
Boxes 40c) 2nd Show, Entire Low
er Floor 20c, Balcony 10c, Boxes 40c.
7 <30 ANU 0 O’CLOCK
Seat! Reserved I AVcck ju Advance <
AtAtClT Treated. Quick relief. tt»
i If KVa SI more* swelling and abort |
I ^ * breath la a few days, usually
' otoMantir* relief 14 to 44 days acdetfectaeur# {
• to ft (lays. Write for trial inatm'ut Free.
l5e. Br B. MIU'S W\ Be* X, ATLAHT4, «*
. •
NEW SMOKE LAW STIRS
PROTESTS AMONG MANY
COAL USING CONCERNS
_
Lane Is Going Over Subject
Carefully Before Reach
ing Final JDecision
—
CITIZENS TALK ON
EFFECTS OF NEW LAW
_
I Think Ordinance Impracticable Where
Soft Coal Must Be Used—Might
Be Heavy Blow at the Dis
trict's Prosperity
———
The belief that the Weatherly smoke
ordinance is impractical and will work
a hardship on the small manufacturers
seems to be pretty general among those
most familiar with the subject.
‘T will do nothing that will hurt
the manufacturing interests of Bir
mingham,” stated City Commissioner A.
O Lane when asked yesterday for an
opinion on the smoke ordinance. “I
cannot tell you what 1 am going to
do when the ordinance comes up for
adoption.” continued Mr. Lane. “I don’t
know,” and he produced a handful of
books and phampleTs which he had been
studying. They all dealt with smoke
abatement. ”1 have been deeply study-'
Ing the matter for some time, as you
see. 1 will not cast m3* vote until I
have looked at the matter from every
angle. That's where so many make
mistakes. They' either cannot or they
neglect to look «it tilings from every
viewpoint.
“I have not made up my' mind, but
as 1 said, I consider our manufacturers
more Important than the abatement of
the smoko they make and if 1 come
to the decision that one can't get along
without the other I will do nothing
to hurt the manufacturer.” Judge Lane
stated that the ordinance as amended
would probably not come up for final
action for three or four weeks.
President Culpepper Exum of the city
commission has made no direct state
ment in regard to Ids position on the
smoko ordinance. However, when the
amended ordinance was presented to
the commission for action a week or
two ago it was Mr. Exum who de
layed it until he could look Into the
matter further.
J. Frank Kushton Talks
“The only way’ to get rid of smoke
i3 by proper combustion,” stated J.
Frank Itushton of the Birmingham Ice
factory. “To do that a jet must be
installed and that is impractical. All
our factories are shut down now ex
cept one and we are not having much
experience with the smoke ordinance
so far. Warmer weather will bring us
into touch with the ordinance and then
we can tell from experience what can
be done.”
Calls It Wild Loose Chase
“This thing looks to me a good deal
like a wild goose chase,’ said J. P. Phil
lips, vice president of the Birmingham
Packing company. “It. looks to me as If
there was somebody back of the whole
thing who didn’t know exactly what lie
was doing. There are lots of tilings we
need in this town more than stopping
the smoke and stopping the whistles and
regulating everything that is lying about,
loose. Long years ago they tried to get
an ordinance past the council to stop the
blowing of whistles and abate the smoke
and I got up and told them that, they
ought to be mighty glad to hear old Dlm
mlck and Sloss and Birmingham Packing
company and the others. The more
whistles there arc blowing and the more
smoke there is coining from the fac
tories of Birmingham the better off is
Birmingham. We need city commission
ers who have more of the practical about
them and not so many fads and fancies.”
Smoke Goes WiH. Soft Coal
“This district produces the soft coal
which makes black smoke," said E. B.
Erwin of C&heeti Brothers, “and as long
as we have manufacturers will have
smoke. 'It Is impossible to regulate the
smoke from this kind of coal without a
great amount of study and experiencing
[ by .skilled and efficient engineers and
experts and there is great doubt If it
can be done then.
"The smoke from t lie manufacturing
districts lias never been regulated else
where where they have to burn our kind
of coal. Any attempt to enforce the
smoke ordinance will hurt the city. It
will do great harm to the small manu
facturers. It will not only keep future
manufacturers from locating here, but
it is going to drive lots of them away
who are already here. They simply can't
operate and obey the law. This thing
has done a whole lot of harm already,
for it is being published In all pans of
the country and whenever a prospective
manufacture sees it he drops all consid
eration of Birmingham.”
Trying to Abide by Ordinance
"We nre trying to comply with the
ordinance in every way possible.” stated
l\ T. Laws of the United States Cast
Iron Pipe and Foundry company, "and
are making some progress, but as to
whether or not we can ever get our smoke
production down to the minimum and
comply with the terms of the law Is more
than l can say now. Only experiments
and hard work will tell and that is what
i we are at now.
"We are .spending money In installing
mechanical devices and there Is no doubt
but that we have made some progress.
I think all of the manufacturers can co
operate and improve the conditions es
tablished by the smoke, but as to how
far the abatement process can be car
ried I cannot say. We hardly know what
to do. We are trying one way and if
that does not work we will have to try
something else. This coal here has much
to do with it. When it is burned it cre
ates great amounts of black smoko. Some
little benefit can be derived from proper
firing, but as soon as you turn your back
the firemen goes ahead and does things
to suit himself. With new installations
perhaps the smoke can be cut down to a
minimum, but it is with the boilers now
in use that the trouble comes.
‘‘1 have been located in Cincinnati and
used the Pittsburg and Ohio coal. Simi
lar smoke ordinances were passed there
and the smoke was abated to a certain
extent, but it was never cut to the mini
mum in compliance with the ordinance.”
The smoke consumer act of the cow
mission will cost M. A. Stockmar, founda
tion contractor (or the Tutwiler hotel,
$2000 extra for fuol, according to his state
ment yesterday. Mr. Stockmar, who is
a widely known contractor of Birming
ham. said his fuel (coal) formerly cos*
$1.50 per ton and it required about three
tons per day to run his boilers at the Tut
wiler hotel job. As it is now, he said yes
terday, the new law requires him to buy
expensive coke it $4 per ton. and it re
quires six tons of coke per day to run
the boilers.
What It Costs Stockmar
"The smoke bill is impracticable for'
this reason," said Mr. Stockmar. "If a
stoker would exercise the intelligence in
firing a boiler that men do in business,
different results night be obtained, but
they will not do that.
"The city forces the poor contractor*
in Birmingham to pay four times as much
for fuel'as otherwise to keep from being
arrested. I am forced to burn coke in
these boilers instead of coal as formerly." :
Smoke Evil Imaginary
That the smoko evil la imaginary ami
that the city commission is using this al
leged evil merely to keep In the lime
Sibley Sends Letter to
Weatherly From Atlanta
Upholding New Law
--
I
CONCERNS THERE
ABLE TO COMPLY
—
Twenty-Nine Plants Have Spent $23,
000 Since Last October in
Efforts to Comply With
the New Law
City Commissioner .lames Weatherly,
father of the smoke ordinance, yesterday
gave Out a letter which he has received
from John W. Sibley, president of the
Chamber of Commerce, who was in All
Ul. Mr. Sibley and a committee of
chamber on the smoke nuisance started
t'he smoke abatement nuisance here, to a
large extent. Investigations were con
ducted by the chamber committee, which
tuen called upon the city commission aiul
asked for their co-operation.
he city commissioners then began ac
tnc consideration of the matter, and
not long after the Weatherly anti-smoke
( finance was drafted.
Sibley’s Letter
Mr. Sibley’s letter is as follows:
“Hon. James Weatherly, Birmingham:
“My Dear Mr. Weatherly—The inclosed
clipping from today's Constitution will
be of interest to you. » suggest that you
v rite the city officials here and ascer
tain what appliance they arc using. A
l umber of our Birmingham manufactur
er have complained to me that our ordi
nance wras demanding an Impossibility and
working a hardship on them. One thing
is sure, we have the smoke nuisance ami
it should be abajtad as soon ns practicable,
but at the same time with the least ex
pense and Inconvenience to concerns
which Installed their power plants in good
faith under the old legime.
“If Atlanta can improve the bad condl
t'on prevailing here, then Birmingham
ought to solve the problem in an equally
patriotic manner, and 1 have every con
fidence that you will use your best en
deavor to that end. Yours sincerely,
“JOHN W. SIBLEY.'*
Article From Constitution
The clipping inclosed by Mr. Sibley ts
from the Atlanta Constitution of January
22, 1912. and is headed, “Atlanta Will Soon
Bo Smokeless City—Locomotives and
Steam Plants Are Making Many
Changes.” It is as follows:
“Twenty-nine steam operating plants
in Atlanta, 1ft of which have spent
more than $25,000 since last October
to make the necessary changes to com
ply with the city smoke ordinance, are
meeting the requirements of the laV,
and 19 more plants, at the cost of
another $25,000, are making the
changes which are expected to bring
them within the ordinances, according
to the report of the Chamber of Com
merce committee on smoke abatement.
“The plants which have complied
with the ordinances represent more
than 50 per cent of the horsepower of
the steam producing plants of the city,
exclusive of railroads, apartment and
public buildings.
“The committee reports that in the
center of the city the smoke from loco
motive engines has been reduced about
60 per cent. Atmospheric conditions,
explains the committee, have to some
extent misled the public as to the
progress made during the winter
months, because smoke falls In bad
weather and makes it appear very
much worse.
“To date the city has expended about
$100 in addition to the inspector's
salary in fighting the smoke nuisance.
“In view of these facts the smoke
abatement committee of the chamber'
of commerce feels that substantial
progress has been made.
“Here are the 10 plants which have
made changes to bring themselves
within the ordinance and the sums
they have spent.
Atlanta Box factory, approx
imate cost of change ....$ 60.0ft
Atlanta Brewing and Ice com
pany, using coke as fuel.
Atlanta Stove works, proper
firing only.
Atlantic Compress company.
approximate cost of change 2,000.Oft
Continental Gin company.... 300.00
Fulton Bag and Cotton mills 750.00
Georgia Railway and Power
company (Butler St. plant) 20,000.00
Gould building . 200.00
Georgian Terrace . 2,000.00
Piedmont hotel . . a. 250.00
Total .$25,550.00
“Nineteen plants arc making changes,
which are expected to bring thorn with
in the ordinance. They are: Aragon
hotel, Candler building, National Hat
company. Capital City laundry, Ameri
can Can company. Commerce hall, Aus
tell building, F. E. Block company. Ex
celsior laundry, Grady hospital, Grant
building, Piedmont laundry, Southern
Ice company, Atlanta Gas Light com
pany, Exposition Cotton mills. Grand
opera house, Guthman laundry.
Pintsch Compressor company, Temple
Court building."
light was the assertion of W. W. Garrett
of the wholesale firm of Garrett &. Hins,
on Morris avenue, yesterday. Mr. Garrett
alos averred that If there was no smoke
in Birmingham there would be no prog
ress or prosperity in the city.
“Stop the smoke In Birmingham and
you'll have no town,” he said. "If thv?
faddish city commissioners would pry
more attention to the thieves, highway
robbers and murderers that Infest this
community they would be doing a service
to the citizens of Birmingham more com
mensurate with what they were put In
office for. Instead of this we have the
streets of the suburbs unlighted, the
purses of our women snatche^ If they
venture out of doors and the wnole com
munity infested with ex-convicts while
the most wise commissioners with Arm
demeanor deman 1 the abolishment of
smoke within the city limits.
•‘Smoke to me means prosperity. Il
shows, in my opinion, that the city is
progressing when the tall chimneys belch
forth huge clouds of smoke. I remem
ber not so very long ago that there was
practically no smoke in Birmingham, ar.d
the pay roll then was a lpng ways frum
$1.000,000 a w'eek. And If the city com
mission keeps up its present anti-smoke
campaign against the Industries in this
district they will only drive them away
to some other district and the workers
of this district will suffer. I certainly
hope that some way will be found t*.
drive some common ordinary sense in the
city commissioners and make them take
up the matter of public safety Instead of
pottering about an alleged smoke evil
which is purolv imaginary and merely
kept up to distract attention of the public
from the other existing^ evils.”
Monoplane Sold
Chicago, January 28.—The imported
monoplane owned by George Metaeh. |
which caused the death of Howard Gill
ill a collision with Gill's machine at
the Cicero aviation meet last Septem
ber, was sold at auction by the gov
ernment here today to satisfy a claim
for customs duty. It was bought for
$550 by W. Summerville of Coal
City, 111.
PILES CLUED IN « TO 14 DAYS.
Your druggist will refund money if
I'AZO OINTMENT falls to cure any
rase of Itching, Blind, Bleeding or Pro
trudiDg Piles is t te 14 days. 50c.
-SEEN AT ANNISTON
Contains Death and Funeral
of Washington
KIRMESS SATURDAY
Remaining Defendants in Pearcc
Kennedy Feud Cases Will Be
Called Monday—Old Woman
Visits Anniston
Anniston, January 28.—(Special.)—No. 88.
volume 2 of the Ulster County Gazette
which contains an account of the deat. i ,
and burial of George Washington and
of the Napoleonic conquest** is in the pos
session of Eeonard J. Hill of Macon, Ga..
who is visiting his son, Dr. J. O. Hill,
on I^eighton avenue in this city.
Two of the inside pages of the paper
are in mourning for Washington, who
is spoken of as 'first in war, first in
peace and first in the hearts of his
country,’* instead of “countrymen" as
we say today.
Several columns of the paper ara
taken up with a description of the fu- \
neral of Washington and communica
tions between President John Adams and
Congress at the time of Washington’s
death.
There are also accounts in the paper
of Napoleon’s return from Egypt, of the
capture of Zurich by Messina and the
levying of 800,000 livres as tribute and
a levy of 400,000 on St. Gall. England is
about to evacuate Holland, Russia had
just been licked by the French and Arch
duke Charles was hoping to retrieve.
Owing to slight hitches in the prac
tices the Idrmness which has ‘been
planned for the benefit of the Anniston
free kindergarten will be given Saturday
of this week, instead of Friday as had
been planned.
Mrs. Seaborn Gann who is the gueat.
of her grandson, Robert E. Gann, presi
dent of thje Alabama Federation of i^a
bor, has just arrived here from Bucli
anon, Ga. She is years old and is very
active, reading without the aid of glasses.
She talks Interestingly of the days when
Cherokee Indians inhabited Alabama and
Georgia and of the development of the
two states.
John Eaton, John Fowler and Ada Ken
nedy the remaining defendants to be
tried in the famous Pearce-Kennedy feud
eases will be arraigned in court before
Judge Thomas \V. Coleman on next Mon
day, February 3, at which time Judge
Coleman will set the cases for trial.
The three defendants are accused of
complicity in the murder of Shelt and
Sarge Kennedy, father and son/ who
were shot to death in a pitched battle
near the Calhoun-Etowah border line In
1010. Dr. John E. Pearce and his son.
Cross Pierce, are now serving sentences
in the penitentiary, as is William K.
Kennedy, father and grandfather of the
two dead men.
Begging on the streets during Work
hours and sleeping and eating at the
Alabama hotel, reputed to be one of the
finest hostelries in Alabama, Charlie
Board, age 70, was detected in his im
positions Monday afternoon by (Thief of
Police Harry Sbiretzki and unmasked at
the city hall.
The chief found out that Board had
engaged rooms at the Alabama and
watched him, hut the old man was ac
cused of being a fakir, he claimed to
be suffering with locomotor ataxia and
gave the chief a lecture for interfering
with his business. An arm which he had
rtied up was examined by the city phy
sician and when his graft was revealed
he w’as ordered to leave the city.
PARK COMMISSION
IS JOINTLY SNUBBED
Not Consulted by Either the “Big”
Commission or the Anti- Tubercu
losis Association
The commissioners and the anti
tuberculosis association jointly snubbed
the park commission yesterday when
the matter of the Red Mountain park
was taken up. Without asking the park
commission anything at alt the society
patrons appeared before the “big” com
mission and went into the matter of
Requiring the Red Mountain park for a
period of years.
The park commissioners are supposed
to be in absolute control of a!i the city
park properties. However, the commis
sion was not consulted by the society
or the commissioners yesterday in hand
ling the Red Mountain park proposi
tion. It was the opinion at the city
hall that the anti-tuberculosis nssooin-J
tion meant no offense to the park com
missioners, at the same time the step
was freely commented upon yesterday.
When the former request of the as
sociation was made the park commis
sioners, without much ado, turned down
the scheme and the city commissioners
upheld their created contemporaries.
What the result will be in this instance
is causing much speculation n< the citv
hall.
MINISTERS FAVOR
PUGILISTIC LAWS
Milwaukee. Wis„ January ^.-Milwau
kee ministers are In favor of the passage
of a state law for the regulation of box
ing. A signed statement by a commttec
representing the Milwaukee Federation
of Churches, reads:
"We favor new legislation that will
allow boxing matches under supervision
and that shall strictly define the meaning
of the term and prohibit prize lighting
and brutal slugging matches."
The statement was issued after a min
isterial committee witnessed last night's
boxing bouts, about which the committee
said they had no complaint to make.
The Real Tobacco
taste that satisfies,
the taste we hanker
after. The natural
leaf taste of
fine ripe /
BURLEY I
DRUMMOND
NATURAL LEAF
CHEWW& TOBACCO
Official map of the weather
U. S. Department of Agriculture.
WEATHER BUREAU.
WILLIS L. MOORE. Chlet
V
Observations liken et S p. m„" 75th meridian time. Air pressure reduced to sea level. Isobar* (continuous Ilneffl pas* CKrongtl hornta
of equal air Measure. Isotherms (dotted lines) pas* through points of equal temperature; drawn only for sero, freezing. 90°, and 100°.
O Clear; Q partly cloudy: © ctoudr. © rain: © snow. ® Teport missing. Arrows fly with the wind- First figures, highest
temperature past 12 hours; tocond, proripUatlon of jot inch or more tor past 24 hours; third, maximum -wind velocity.
Weather Forecast
Washington, January 28.—Forecast for
Alabama, Georgia, Mississippi: Fair
Wednesday and Thursday, not much
change in temperature, light variable
winds.
Tennessee: Fair Wednesday and Thurs
day.
Local Data
For the 24 hours ending at 7 p. m., Jan
uary 28:
Highest temperature . |r*
Lowest temperature . j®
Mean temperature . 39
Normal temperature . W
Excess temperature since Jan. 1. 303
Rainfall . -J0
Total rainfall since Jan. 1. “54
Excess rainfall since Jan. 1. *2.73
Weather Conditions
Birmingham, January 28, 7. m.—The
pressure has risen slowly during the past
34 hotfrs over the southern states and
fair weather has become quite general.
Although the wind circulation is from the
northwest in the western portion of the
lower Mississippi valley, temperatures
have risen slightly throughout the inte
rior of tiie cotton belt, owing to the slmv
approach of the “high" now extendi*:
from western Texas northwestward to
the Pacific northwest.
An area of low barometer overlies the
Dakotas and the western lake region on
tonight’s map, and is causing much
warmer weather in that section. It is
attended by general rain or snow which
extends as far south as the Ohio river.
West, of the Mississippi the weather lias
continued fair with nearly stationary
temperatures. Over the plains states
temperatures have fallen slightly, hut
over tne mtermountuin plateau a shgut
rise has been general.
In the southern states while the ef
fect of the rising pressures would be
to lower temperatures, the fair skies and
the proximity of the "low-’ in the Ohio
valley section have offse“ this tendency
and caused a slight rise. Wednesday
In this section will probably continue fair
with light northerly winds. Temperatures
during the day will he pleasant but ra
diation at night will be rapid, causing
Wednesday night to be rather cool.
Thursday will probably be. fair with
moderate temperatures.
Summary of observations made at
United States weather bureau stations
January 28, 1913:
Temperature
Lowest
At for
7 p.in. dai'1
Abilene, clear . 361
Atlanta, cloudy . 46 30
Atlantic City, clear . 34 30 j
Baltimore, clear .A.
Birmingham, clear . 46 28
Boise, clear . 22 JO
Boston, clear . 30 24
Brownsville, partly cloudy . 5S ,1
Buffalo, partly cloudy . 24 2.
Calgary, partly cloudy . 46 24
Charleston, clear . 50 42
Chicago, clear . 2K 21
Corpus Christ!, clear . do 42
Denver, clear . 34
Des Moines, clear . 26 *2.s
Dodgo City, clear . 14 26
Duluth, snow . 12 / *4
Durango, clear .'. 36 12
East port, clear . 2o 8
Galveston, clear . 66 44
Green Bay, clear . 12 0
Hatteras, partly cloudy . 42 4 •
Havre, partly cloudy . 40 2S
-. c.eiiu, clear .44
Huron, clear . 42 ! I
Jacksonville, clear . 52 is
Kamloops, partly cloudy . 21 il
Kansas City, partly cloudy — 34 l
Knoxville, cloudy . 42 20
Louisville, rain .. 36
Memphis, cloudy . 44 VI
Miami, clear . 62 t»i
Mobile, clear . 50 50
Modena, clear . 42 1)
Montgomery, clear . 48 33
Montreal, clear . 4 4
Moorhead, cloudy . 22 *12
New Orleans, clear . 54 42
Ne\t York, clear . 30 20
North Platte, partly cloudy- 42 24
Oklahoma, clear . 40 51
Palestine, clear . 54 40
Parry Sound, clear . *1 *4
Phoenix, partly cloudy . 08 4)
Pittsburg, snow . 32 26
Portland, partly cloudy . 38 33
Raleigh, deal . 40 58
Rapid City, partly cloudy . 46 26
Roseburg, dear . 48 36
Roswell, clear . Go 32
Salt Lake City, clear . 36 23
San Diego, clear . 58 50
San Francisco, cloudy . 54 !6 ,
Sautt Ste. Marie, clear .. *2 *2
Seattle, cloudy . 38 *4 ^
Sheridan, dear . 30 2 4
Shreveport, clear . 54 58
Spokane, clear . 26 IS
St. Louis. cloudy . 28 28
St. Paul cloudy . 30 ')
Swift Current, partly cloudy .. 36
Tampa, clear . 54 54
Toledo, cloudy . 24 20
Washington, clear . HI 28
Willis ton, cloudy . :1S 20
Winnemucca, clear . 40 IS
Winnipeg, snow . 14 *6
♦—Indicates below zero.
E. C. HORTON. Local Forecaster.
DEHNITELY DECIDE
W CITYPRIMARY
Finch Says It Is Necessary
to Preserve Party Identity
in Municipal Affairs
The city democratic executive commit
tee lias caucused and a majority of its
members have expressed themselves as
determined to call a primary election for
the purpose of nominating a candidate
to succeed C. Exum as commissioner of
Birmingham.
It was determined at the caucus to call
a meeting of the committee for the final
disposition of this matter, the first week
In February. In addition to making pro
visions for the naming of a democratic
nominee for the commission, the commit
tee will provide for the submission to the
voters of questions which the committee
believes will hasten the realization of the
idea of municipal ownership of public
utility plans.
"We are going to proceed in accordance
wit it the act or the legislature which
made the creation of the city committee
possible,” said Chairman O. 8. Finch. "We
will call a primary if the majority of
tlie members so desire, and it will be time
then for those who are unwilling that the
primary be held to take action.
"Of course we realize that we are seri
ously handicapped with such potent fac
tors as George Huddleston and 1. Shapiro
arrayed against us. We begin to feel
already the agony of Prometheus bound
with aE v.ulture preying on his vitals. How -
ever, we are going to proceed neverthe
less, because the twtf estimable states
men to the contrary notwithstanding, we
feel that it is our duty to preserve the
identity of the democratic party in mu
nicipal affairs."
RESTRICT USE OF
COUNTY PHONES
Board of Revenue Will Not Pay for
Long Distance Calls Not
Specially Authorized
The board of revenue passed a reso
lution yesterday In reference to the
use of the county telephones for long
distance calls. By the terms of the
resolution the board will not pay any
bills presented for long dlhtance serv
ice unless specially authorized by them.
The telephones In the county court
house and other public buildings be
longing to the county are paid for out
of the general fund and are for the
use of the business of the county only.
It is understood that long distance calls
have been made generally of a per
sonal nature anil the board decided not
to pay any more long distance bills.
The liell Telephone company was fur
nished with a copy of the resolution
and it uas spread on the minutes. The
resolution went into effect at once.
NAME DELEGATES TO
k j I
| Montgomery. January ^S.—(Special.)
1 Delegates to the Southern National
i Highway associaMon. which meets at
Asheville. N. C., February 12. Were
named by Governor O’Neal today. The
delegates named ere: State Senator
R. E. Spragins. Huntsville: Maj. V.
B. Atkins. Selma: John Craft. Mobile:
Dr. Eugene A. Smith. Tuskaiuosa: State
Highway Engineer VV. S. Keller, As
sistant Highway Engineer Robert R.
It- - icorge N. Mitcham,
ANDY MOSS ACQUITTED
OF KILLING GEORGE COOK
"We. the Jury, find the defendant not
guilty," was the verdict returned yes
terday afternoon to Judge W. K. Fort
In the case of Andy Moss, charged with
the murder of George Cook at North
Birmingham. The trial of Moss com
menced Saturday morning at S:30. Mon
day night the case went to the jury
and at 4 o'clock yesterday afternoon
the above verdict was rendered. Yes
terday the jury asked for instructions
as to certain facts and were told by
Judge Fort that they were the sole
judges of the facts as presented by the
evidence. It was freely stated that a
mistrial would be the verdict. Shortly
before 4 o'clock Judge Fort, who is
presiding over the second division of
the criminal . court, was notified that
the jury had reached a decision and
had arrived at a verdict
They were brought into open court
and lined up before the judge. "Have
you gentelraen reached a verdict?" "We
have," replied Foreman W. if. Cox.
"Hand it to the clerk," and Ed Cope
land, deputy clerk of the criminal court,
read the verdict as above. The jury
was discharged with the thanks of the
court for their services.
The verdict brought joy not only to
the defendant but to his relative*, es~
pecially his aged father, who had been
by bis side all during the trial. There
was no demonstration when the verdict
was read, but the pleasure of Moss and
his friends were apparent. Counsel for
the defense were Judge Gaston and
Earle Pettus. Ed Winston represented
the state.
The killing of Cook by Moss occurred
at North Birmingham on November 19,
1911. Cook was shot down by Moss aft
er the defendant had fatally shot
a bystander named Barton Haggerty.
It was claimed that Cook had struck
the wife of Moss earlier 1n the day and
that meeting him at a drug store the
tragedy followed. Moss was indicted
for two cases of murder in the first de
gree, the killing of George Cook of
which he was acquitted yesterday and
the killing of Haggerty, for which he
has yet to stand trial. The defendant
is on bond and the case will probably
go over tc^he next term of court.
PETITION FILED AGAINST
TOMLINSON-HUMES CO.
Chicago, January 28 —First sets of Dick
ens' work, valued at $1750, weTP sold for
$8000 by the Tomlinson-Humes company,
dealers in editions "De Euxe" and "High
Class" art works, according to a petition
filed today in the superior court by 'Ira
T. Eaton against James Plunkett. Her
bert O. Tomlinson and TV. V. V. Humes,
asking that the defendants be restrained
from disposing of any property until a
settlement of partnership accounts can be
effected.
Plunkett and Humes, both of whom re
Hide in this city, recently were indicted
by a federal grand jury in New York in
connection with alleged "De Euxe" edi
tion frauds involving $60,000. The Tom
linson company, the petitioner avers, ac
cumulated net profits aggregating more
than $100,ooo between January 1, 1900, and
February 3, 19JIf
Another instance of large' profits, Ea
ton alleges, was the sale of $00,000 worth,
of "Valuable are objects" to E. P. Clark
of Eos- Angeles, Cal. The profits on
this sale are alleged to have been more
than 75 per cent.
UN EVERME
Comitsky Says People Are
, Finding It Not Only
Healthy, But Cheap
“People are eating more fruit these
days than ever before," said Ham Com
itsky, a fruit dealer, yesterday. “L have
been in the retail fruit peddling bus
iness, running several wagons over
Birmingham for the post several years,
and 1 have never sold as much fruit
as I am selling new, considering the
season.
"The fruit business usually shows a
considerable dropping off during the
winter. There is a fair trade at about
i the holidays, but otherwise the winter
business never has compared with the
summer trade. This winter I am sell
ing almost as much stuff as 1 did last
summer, more than I ever have before
ir. the winter time.
"The only way I can account for
; it is that other articles of food, such
j at meat, flour and grain products,
that many people are,* discovering
fruits afford not only a substantial
and enjoyable substitute, but a cheaper
one. Although I am not a physician.
T think many people are soon going to
discover that fruit Is also conducive
to good health when eaten to a con
siderable ex tent.v
FRANCISE/WARREN
ELECTED AGAIN
Cheyenne, Wyo.. January 28.—Senator
Francis E. Warren received his flfta
election to the United States Senate at
the hands of the Wyoming legislature
today, when both houses gave him a
majorityl over his democratic opponent.
John B. Kendrick.
The vote of the senate was 18 for
Warren and 11 for Kendrick; in the lious'
29 for Warren and 27 for Kendrick. Rep
resentative T. H. Manson, who has cham
pioned the progressive cause, refused t>
cast ids ballot for either candidate.
Criticises Washington Monument
Washington, January 28.—The Wash
ington monument was. characterized as
“an Egyptian obelisk.“ the postoffice
department building as a “cross be
tween a cathedral and a cotton fac
tory," and the pension building as a
“lovely red shed that disfigures judi
ciary square/' in a speech In tl»e House
today by Representative Cooper of
Wisconsin. Mr. Cooper spoke in defense
of the proposed *2 olb.OOO Lincoln me
wnicn nave been considered the sla-morial, wntcn me House win \oie u«
pies, have advanced so inucli in pricetomorrow.
ONLY ONE “Brcroo Quinine," that U STSm on
Le^v. Bnao QfifaaAi tVltf
Curat a CoM ia One Day, Grfe ia 2 Days^*^ rr^^TirW