The Birmingham age-herald. [volume], May 28, 1913, Image 1

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

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THE BIRMINGHAM AGE-HERALD
VOLUME XXXXIII _ BIRMINGHAM, ALABAMA, WEDNESDAY, MAY 28, 1913 1C, PAGES # NUMBER 22
WEST AND WINCHELL
NAMED RECEIVERS
FOR FRISCO R. R. BV
TIE DISTRICT COURT
[Appointment of Receivers
Follows Naming of Auxil
iary Receivers for Sub
sidiary Company
IMPENDING CRISIS
OF FRISCO AFFAIRS
DEPRESSES ITS STOCK
ftumor That Means Had Been Found
to Tide Company Over, Dis
apparted Early Yesterday.
Mileage of the System
Totals Over 7500
St. I.oiiIn, May 27.—Thomn* H. Went,
rhulrmnn of the hoard of dlrectora of
the St. I.oiiIn TniNt company, nnd ¥1. I..
Wine hell, premldent of the St. I.oiiIn nnd
► nil Frnnelneo Rnllrnnd company, were
nppolnted receiver* for the railroad In
the federal dlMtrlct court here lute to
day.
Appointment of the receivers here took ‘
1 lace about an hour after appointment ;
of ancillary receivers for the Chicago
end Eastern Illinois, a subsidiary of the
Frisco by the United States district court
in Chicago.
Application for the appointment of re
ceivers for the St. Louis and San Fran-I
cisco was made to Circuit Judge Walter j
IT. Sanborn, who came here from St i
J’aul today, especially to hear the Frisco
matter, by the North American company,
which is said to be creditor of the Frisco
to the extent of $400,000. A receivership
was urged as the only solution of the
financial difficulties of the road by James:
Campbell of St. Louis, president of the
Forth American compnny.
Stock Depressed
The Immediate cause of the receivership
was the maturing on June 1 of short time
rotes Issued by the road for $2,250,000
Which bear 6 per cent interest.
The Impending crisis in the affairs of
the Frisco had a depressing influence on
Its stock for some time and last week
Chairman Yoakum of the railway board
of directors came to St. Louis to consult
with local Interests concerning the wel
fare of the road as to the best ■course to
pursue. At first, it was rumored that
jaoma means would be found to tide the
company over, but this hope wus dissi
pated early today when Judge Sanborn
and attorneys for the road went into
secret conference.
At noon It became known that petitions
were being prepared for appointment of
I a receiver and the scurrying about of
attorneys representing various interests
started rumors that this proceedings
would be opposed. These rumors were
verified in part when the formal applica
tion was presented to Judge Sanborn late
today. Attorneys Frederick W. Lehmann
iand Charles Nagel, representing creditors,
;*aid they preferred to have as receivers.
I men not connected with the railroad,
thus opposing the appointment of Presi
dent VYinchell and Mr. West, whose trust
company had handled many financial af
fairs of the road. Mr. Magel also re
quested that the receivership lie made
temporarily, until he could get definite
Instructions from his clients.
Objections of Attorneys Lehmann and
Nagel did not prevail with the court who
appointed Mr. West and President Win
ichell receivers.
Thomas Fauntleroy of St. Louis was
appointed special commissoner to rep
resent tlie court in future proceedings.
Application for Receiver
Application for the appointment of
receivers was laid before the court by
Henry 8. Priest, representing the direc
tors of the railroad and tile principal
bondholders, and acting in behalf of
the North American company. He re
quested tile, appointment of Mr. West
and of Mr. Vl’imhell. The North Amer
ican company Is understood to hold as
collateral on its loan all the first mort
gage bonds on the railroad s federal
land grant of 1,250,000 acres in Arizona
end New Mexico and $200,000 drat
mortgage bonds of the New Orleans,
Texas and Mexican Railroad Company,
ia subsidiary of the Frisco. The llnan
cial difficulties of the road are of long
standing and are attributed in part to
the southwestern floods of 1911 and
J912, in which the road sustained severe
losses; to the increased wages of em
ployes and to the high price of money.
Tlie ownership of the Uilrago arid
Hasten! Illinois it is said also lias
proved a financial drain on the parent
system.
The St. Fouls and San Francisco road
was leased to Hie Atchison. Topeka and
Fante Fe. in 1896 tile road became in
dependent. At that time its mileage
was about 1500 miles. Four years later
It absorbed Hie Kansas City. Fort Scott
and Memphis, extending from Kansas
(city to Birmingham, and In 1 904 ac
quired the Chicago and Kaslern Illi
nois. in 1903 tile Frisco was merged
with the Rock Island system. This mer
ger continued until 1909 hut in lliat
year the Frisco passed into the hands
of Its present owners. Its mileage new
totals more titan 7500.
Protective Committees
New York, May 27.—Various protective
committees to safeguard the interests of
holders of St. Louis and San Francisco
securities already have been organized.
Speyer & Co., who have been the prin
cipal fiscal agents of the road, have
called for the deposit of the general lien
(Continued on Page Thirteen.)
ST 1
_
Third Day of University
Commencement Replete
With Activities
GLEE CLUB GIVES
ANNUAL CONCERT
Important Business Meeting of the
Alumni Society—l-’eibelman Wins
Oliver Prize—Numerous So
cial Features Mark Hay
♦ $
* TODAY’S PROGRAM MBS. +
t ♦
* 9 A. M.—Annual meeting of 4
* board of trustees. 4
* 10:30 A. M. — Commencement 4
$ address, Dr, J. H. Kirkland. 4
* chancellor of Vanderbilt univer- *
i sity < Mprgan hull). 4
4 11:30 A. M.—Conferring of de- 4
$ greos by the president of the 4
* .university (Morgan hall). *
* 9 I*. M;—University reception j
4 (Woods hall).
* t
My It Aid’ll II. SILVER
Tuscaloosa. May 27.--(Special.)—'Tonight
at Elks’ hall in Tuscaloosa, the Univer
sity Glee club gave an elaborate and beau
tiful concert to an immense audience.
It is stated that the present Glee club
is one of the best the university ever
had.
The principal social events of the day
"pre the lawn party to the commence
ment visitors by Mrs. Ellen Peter-Bryce
and the commencement cotillion tonight
by the L. T. F.’s. Much interest is cen
tered in the meeting of the board of trus
tees tomorrow, and the commencement
address by Dr. Kirkland.
Alumni day in all its glory swooped
down on the University of Alabama to
day. and tonight has left the little city
of Tuscaloosa almost breathless. With
ideal weather conditions the day has been
one continual round of commencement
events, ami tonight the University of Ala
bama revels in the baseball championship
of the S. I. A. A. after a double header
baseball game this afternon in which Van
derbilt won the first and lost the second
by a score of 5 to 1.
The whirl of events began this morning
with the meeting of the alumni society
with the transaction of much important
business, and later a powerful address to
the alumni society hi Morgan ball by City
Commissioner James Weatherly of Bir
mingham on "Observations on Commis
sion Form of Government.’ This after
noon at 1 o'clock, Governor O’Neal was
the principal speaker at the alumni ban
quet and voiced many important state
ments regarding education and school
laws in Alabama.
Two prizes were announced in the law
school today. J. O. Morris of Tusca
loosa won the Judge J. J. Mayfield prize
for the senior law class on an examina
tion on "Evidence." The prize Is a set
of "Mayfield's Digest."
H. TJ, Feibelman, a bright young law
student of Mobile, won the W. B. Oliver
prize of $25 on "Law Thesis."
The address of Commissioner James
Weatherly of Birmingham ibis morning
is eonsederad here to have been one of
tlie ablest exhortations on commission
form of government ever delivered in the
state. Mr. Weatherly arrived here this
morning and will return to Birmingham
tomorrow.
Mr., Weatherly handled his subject of
government of the modern American city
in a heart to heart way that met with
much favor with his audience. All who
know the genial commissioner of Bir
mingham know well Ids delightful stage
presence and power of expression and
oratory. While the larger part of his ad
dress was very serious indeed, statements
of his life and experience a:? one of the
first commissioners of the greatest city
in Alabama, yet many times ids inimit
able wit and humor came t*> the front
and a ripple of laughter would spread
over the audience.
"After some two years as city commis
sioner of the great city of Birmingham,"
began Mr. Weatherly. "I have come to
the conclusion that ! have but three
qualifications. They are first some little
of that quality known as honesty. There
are some who even deny that. As the
second qualification, I believe that I have
some common sense, and as the third
qualification 1 have excellent health.
Takes Out Egotism
“ft Is remarkable to experience an«T
realize the ability of a public office to
take the egotism out of a man. I have
never made a single move officially as a
member of the commission < f Birming
ham. but what there has .been the great
est criticism which In two cases has ac
tually resulted In successful leferendums.
But that is one of the good and proh ;
ably the best quality of our new govern
ment. When there is criticism and ob
jections then you have made the first
move to successful self government of a
community and the servant who is the
victim must learn to take it philosophic
ally. When these things occur, I say, it
shows that the people are awake to their
rights, they know what is going on. they
are watching for their interests and the
Interests of the community ami they are
going to call you down if you do some
thing which they know to b * a mstake,
and I wish to say that they look at mat
ters from a point of view whjeh cannot
he secured by an official of the city ami
which giyes them a broader and better
and safer understanding of the issue
which may be in question.
“There is a great uprising all over
the country for better government.
Commission government is merely an
effort to place a larger share of the
government’s operation in the hands
of the people who are governed. Some
(Continued on Page Sixteen)
JUDITH SOUND INCIDENT
WILL NOT BE INVESTIGATED
Washington, May 27.—Secretary Daniels
announced today that no formal Inquiry
would be made into the incident that oc
curred In Judith sound last month when
^gunners on the monitor Tallahassee tired
at the secretary's yacht. Dolphin, mis
taking It for a target ship. Alter talking
with members of the Senate and House t
■gyal committees who were aboard the
Dolphin at the time the secretary decided
merely to write n letter to the cpjnmatf
der of the Tallahassee. admonishing him
to caution the men responsible for th«*
mistake.
The incident occurred April 25. A shell
from one of the Tallahassee's 12-inch
guns was said to have passed over the
stern of the Dolphin, wl^ich had on boarl
members of the congressional cuipmittee
watching the target practice.
Preparations For Gettysburg Celebration
Left to right, standing: Messrs.
Appleton and Skelton, Massachusetts
commissioners for the (iettysburg re
union, and T. H. Humphries, engi
neer in charge.
The celebration of the fiftieth anniver
sary of the battle of Gettysburg*, on June
29, Is being prepared for with great thor
oughness. The Held js being transformed
into a vast camping ground, where terns
wili be erected for the accommodation of
the tO.COO veterans who will he present.
From left to right the personnel of the
picture is Messrs. Appleton and Skelton,
Massachusetts commissioners for the re
union, and T. H. Humphries, engineer In
charge.
BUILDING THE TENT CITY AT GETTYSBURG
Thousands Of Veterans Participate
In Opening Of Chattanooga Reunion
< hiMtnnoosn. May 27.—William W'.
Olil, Jr., of Norfolk, Vo., late today arOin
elected commander-ln-chief of the Son*
of Confederate Veteran*' organization,
now In hcmnIoti here. The next reunion
of the Son* of Veteran* will he held In
the city clionen for the annual reunion
of the United Confederate Veteran*.
Chattanooga, May 27.—Eloquent ad
dresses. spectacular parades and scores
of social entertainment in honor of
veterans, sponsors and maids of honor,
characterized the opening day of the
twenty-third annual United Confeder
ate Veterans’ reunion in tills city The
only discordant note was sounded at
the first business session of the vet
*••••••••«! ••Illillll..
erans when hisses finally drowned out. i
by cheers slightly delayed Gov. Ren W.
Hooper of Tennessee In delivering his
address of welcome. The Tennessee :
executive, who is said to have been tlie
first republican governor to welcome
a reunion of Confederate veterans, dis
regarded the disturbance and was given
an ovation at the conclusion of his
remarks.
Throughout the day the influx of vis
itors continued. Every train added hun
dreds to the thousands already in the
city. Although the weather was
threatening no rain fell and the tem
perature remained in the sixties. Fair
and warmer weather is predicted for
tomorrow. Despite the coolness, hun
dreds of sponsors representing almost
every division In the Confederate army
participated in the parade this after
noon. In filmy gowns and lares they
were driven in automobiles along the
principal streets in the < ity. Thous
ands lined the sidewalks to witness
the pageant while the capacity of spe
cial reviewing stands on Broad street
was taxed to the utmost.
Review Parade
Gen. Rennet H. Voting, commander in
chief of the United Confederate Vet
erans, and Governor Hooper, with their
staffs, reviewed the parade from an of
ficial stand erected at General Young's
headquarters.
The aged veterans who thronged the
streets appeared to enjoy the display
immensely. As each automobile passed
filled with beautiful women and girls
the veterans leaned far over the re
straining ropes along tne street*, \\ a\ d
their hats and threw kisses to the
(Continued on Page Sixteen)
SENATE TO INSTITUTE
THOROUGH PROBE OF
MINERS'CONDITIONS
Investigation of Situation
Which Led to Declaration
of Martial Law in
West Virginia
niHblniton, May 27_By the tItb
vore vote the Semite toiloy oilonteil the
reNoliitloo niitliorlzlng n sweeping In
vest Igntlnn of conditions preceding alid
aeeompanylnK the strike of eoal min
ers in the Paint Creek region In West
Vlrglnln,
The resolution Introduced In somewhat
different form by Senator Kern has beer,
before the Senate for a month, -the sub
ject of many bitter attacks and of scores
of speeches of commendation.
Coder the resolution’s authority, the
Senate through the education and labor
committee will look into charges of pe
onage in West Virginia; of violation of
the immigration laws, of interference with
the mails and poetoffices, and of viola
lion of the constitution and t.iws of ihe
I’nited Stakes in Ihe trial of ritizens ’ y
a military tribunal. It will examine re
ported combinations among operators in
violation of the Sherman anti-trust act,
and alleged discrimination by immigration
authorities and determine whether arms
and explosives were Imported into Paint
Creek for improper use.
The terms of the authorization are so
broad that the committee will he able to
inquire into anything and everything
which figured in the troubles between tlio
miners and the operators.
Second in History
The investigation will be the second In
ihe history of t,.e ration so far as sena
tors have shown in debate, to be made
^^Voollmiert^on^HaKe^'Thlrteeu^)^^'
TODAY’S AGE-HERALD
1— Receivers for Frisco R. R. appointed,
v' eat her ly makes alumni address.
Thousands of veterans attend re
union.
Bryan to discuss tariff protests.
Roosevelt gives testimony In libel suit
2— Denny makes report to trustees.
3— O'Neal points out needed reforms.
4— Editorial comment.
6— Mediation board to hold session today.
Campbell goes to Washington today
I.ittle surprise at receivership.
To abolish military at Howard,
fi— Society.
7— Sports. ....
5— Neede savings bank forging ahead,
in—Dolly Dalrylnple.
11— Oratorical prizes established by Ala
bama alumni.
12— Alabama plan? of steel, corporation.
13— Stale politics dominated by city of
Birmingham.
14— Markets.
A6— Postmasters are named at Decaturs.
GRAND JURY TAKES ACTION
AGAINST MODERN DANCING
"Deplorable Results to Morals of Young People,’’ Reads Pre
sentment Handed Down By New York Grand Jury
New York, May 27.—The grand jury to
day handed down a presentment against
modern dances.
“Within the last few months the
amount of suggestive, sensual darvdng in
hotels and restaurants, where the sale
of liquor is allowed, has greatly increased
in the city of New York," reads the pre
sentment. "and we believe with deplor
able results to the morals o' the young
many of whom are able, without the
knowledge of their parents, to frequent
such places owing to the fact that danc
ing therein takes place during the after
noon as well as the evening *
,#It appears to us that the statutes
should he so amended that liquor tax
certificates shall be summarilv forfeited
in the case of all premises in which
dances of an immoral nature are al
lowed.”
PEACE DELEGATES
Grey Impatient at Futile
Delay—Practically an
Ultimatum
T-ondon. May 2S.-The growing dis
pleasure In diplomatic circles of ihe
great powers at the attitude of Greece
and Servia found expression today in
what practically amounts lo an ultima
tum which Sir Edward Grey, the British
secretary for foreign affairs, delivered to
the delegates of the belligerents.
The communication made it clear that
enough time has been spent in futile
discussions of Ihe peace settlement and
the moment had arrived for signing the
draft treaty. Despite assertions to the
contrary, the ambassadors were from the
first averse to modification of the draft,
not because of ihe character of the pio
posed changes so much as because or
the delay which would attend fresh dis
cussions.
Furthermore ii was pointed out that
the proposed modifications were useless
In those cases whic h had been left in the
hands of the powers. Consequently the
delegates were informed lhat a decision
had been readied and that peace should
be signed.
It was also intimated that those stales
which were prepared to sign should do
so and that It would serve no purpose
•for those not prepared to sign to re
main longer, thereby intimating that the
.recalcitrants may continue the war.
Notified (Governments
The Servians and Greeks have notified
their home governments or this situa
tion and are waiting Instructions. ’Ihe
Turks and Bulgars are ready to sign
and it is not expected that the Montene
grins will offer objections.
Some erf the Balkan delegates express
Ihe opinion that the communication of
Ihe powers savors more of Intervention
than of mediation. But the real reason
^ tcontlnucd on **■*« Thirteen.) -
E. H GARY DIO NOT
DECEIVE ROOSEVELT
Steel Corporation Intro
duces New Testimony in
Steel Trust Suit
New \ork. May 27 -Testimony to prove
that Elbert H. Gary, chairman of th<
t nited States Steel corporation, and II. c.
Frick, a director, did not deceive Presi
dent Roosevelt, as alleged by the gov
ernment. when they told him it was nec
essary for the corporation to take over
the Tennessee foal. Iron and Railroad
company to stop the panic of 1907, was in
troduced by the defense today in the gov
ernment suit to dissolve the corporation
as an illegal combination.
The testimony was given by Thomas W.
Joyce, a security clerk in the office of
J. P. Morgan & Co.
According to the government complaint
Gary and Prick misrepresented the facts
when they told President Roosevelt that
the brokerage firm ol Moore & Schley
held a majority of the Stock of the Ten
nessee Coat. Iron and Railroad < oinpuny
and that the firm would fail and the
Panic lie accentuated unless the stock
pledged, as collateral for loans was ex
changed for bonds of the 1 'nited States
Steel corporation. It was not true the
complaint stated, that Moore A- Schley
had an amount.of the stock even approx
imating a majority.
Examined Hooks
Today Mr. Joyce testified that on Sun
day, November 3. IttOT, the day before Gary
and Prick went to Washington to see
the President, he hail made an examina
tion of Moore & Schley's books, at the
direction of Mr. Morgan, and found that
firm had 137.7<m shares of the Tennessee
company's total outstanding stock nf
2fffl,iJ00 shares, of which only itk.oeo shares
were not tied up tn collateral pledged for
loans. lie said he had so reported to Mr.
Morgan at the meeting of fftianners held
that night at rhe Morgan library.
Mr. Gary followed Joyce on the stand
hut after testifying briefly concerning
t< oaiinurd ou Page Thirteen)
k.'
The Cabinet Devotes Entire
Meeting to This Phase
|
of Situation
NUMEROUS PROTESTS
HAVE BEEN FILED
Reported That tier man Ambassador
Will Bring to Washington Protest
Against Import Provision.
Tilts Between Democrats
Washington, May 27.—Chairman Sim
mons of the Senate finance commit tea
will cal! at tho state department tomor
row to discuss with Secretary Bryan the
perplexing problems which have arisen
because of foreign protests to administra
tive features of the tariff bill. Nearly the
entire tigie of today's cabinet meeting
was devoted to this phase of the situa
tion.
Senator Simmons after arranging to
day for a conference with the Secretary
of State, admitted that numerous pro
tests had been filed with tho committoo
from Germany. France, Gr eat Britain and
other countries. He said that before
the committee took action relating to
them, the whole question world be thor
oughly discussed with tlie state depart
ment.
Might Abrogate Treaties
Complaints have been made that cer
tain clauses of the rnderwoo 1 bill would
abrogate treaties with foreign countries.
It was reported that the German am
bassador would soon bring to Washing
ton a protost against the provision which
would grant a 5 per cent discount in the
tariff on imports in American owned or
controlled vessels. There have been in
timations that President Wilson would
not object to an elimination of this pro
vision which is said tn be held by Get
many to violate the commerce and navi
gation treaty Lf ls_’R. Ambassador Jus
seraiid of France also has lodged pro
tests which the finance committee chair
man ami state department heads will
discuss.
Hearings Close
Tariff hearings b\ the Senate financ*
sub-committees which have been in pro
gress for nearly a month, closed tonight
and tomorrow will begin the actual work
of revising the schedules as they came
from the House. With the close of the
hearings the tariff became the subject of
| discussion iti the Senate, enlivened bv
; references to President Wilson's denun
ciation of tariff lobbyists and another tilt
I between democratic senators on the
; sugar question.
Senator Thomas attacked flic "over
capitalization of tlie beet sugar compan
ies." declaring that the fat),000,000 capi
talization of tiie companies in Colorado
was $30,000,000 water, upon which they paid
dividends on the ' preferred apd watered
stock" and that one of the companies
had a surplus in excess of $10,000,000.
Senator Reed of Missouri raid that a
Michigan beet sugar company had a capi
talization of more than $9.ooo,ooo, $6,000,000
of which was scheduled as good will.
Senator Thornton of Louisiana spoke of
remarks made by Senator Martine, refer
ring to the Louisiana senators as "ca
lamity howlers." Senator Martine replied
that he had not meant to reflect upon
the Louisiana senators.
"But," Senator Martine continued, "I
deny the right of tin* senators from
Louisiana to come to tl «■ people of New
Jersey and demand tint we shall hold
them up by the chins to keep their heads
above water. You ha\* known for a long
time what was coniine and why in
heaven's name haven't > ou adjusted your
selves'.’ If you can't grow sugar, grow
something else."
Part of the republican programme for
debating the tariff bill in the Senate was
outlined today.
More than twenty senators have long
speeches in preparation. Senator La
Follf tte plans to talk for a week on many
features of the bill.
PARTIAL ALIBI IS
PROVED BY WOOD
_
Was Attending: Conference
at Time Supposed to He
Furthering; Conspiracy
Rost fill. VInv 27.- Tlie d<feri«e in the
dynamite conspiracy trial succeeded today
in introducing evidence that on the night
of January 19. 112. during the hours when
the government alleges President William
.Vi. Wood of llie American Woolen com
pany and Frederick K. Atteaux were fur
thering a conspiracy to “plant” dyna
mite at Lawrence, both defendants were
attending a conference •of mill agents,
during which an appeal to the strikers
to return to work was agreed upon.
Since tlie beginning of the trial the
prosecution has sought to prove that
Wood. Atteaux and Dennis .1. Collins,
conspired with John .1. Rreen and K. W.
Pitman, to prejudice public opinion
against the strike of textile operatives at
Lawrence by hiding dynamite on fhem
‘ises occupied by the strikers. The evi
dence regarding tlie conference was
brought out during the cross-examination
of Walter M. Lament, agent of the Wood
mill, one of the American Woolen com
pany’s plant at Luwretice. On his direct
examination the witness said he saw At
teaux at Wood's home at Ardover on the
night of January 19.
NEVER INTOXICATED
IN HIS LIFE, CIS! OF
TESTIMONY GIVEN BY
COLONEL ROOSEVELT
Former President Gives His
Character on Stand in
Suit Against (1.
A. Newett
NOT TOTAL ABSTANER
BUT TAKES GLASS OF
WINE OCCASIONALLY
Lengthy Testimony (iiven by the
Plaintiff Before Jury — Expert
Testimony Furnished to Cor
roborate the Statements.
Laughter in (ourt
• * ~ I
• S’I’II IK IM, ST\Ti;UI. VIS BY 4
• (Ol.ONEL ROOSKJVKI.T. *
4 - 4
• ‘‘I am not a total abstainer.' 4
,4 I have never drunk a high- •
j 4 hall or a cocktail in my life." 4
4 "I don't amok**. I don't drink •
4 beer and I don't drink red wine." 4
4 "1 have never drunk whisky or 4
4 brandy except when the doctor 4
4 prescribed it." 4
4 "The only wines I have drunk 4
4 have been white wines, madetra, 4
4 champagne 01 very oecasionally 4
4 a glass of sherry." 4
4 "At home and at dinner f often f
4 drink a glass or two of white 4
4 wine and Poland water." 4
4 "At public dinners 1 some- t
• times drink a glass of cham- 4
4 pagne, or perhaps two. On an 4
4 average I may drink one glass of 4
4 champagne a month." 4
• ♦
Marquette, Midi., May 27.- Theodore
Roosevelt, a picture of rudfl> \ igor
land perfect health, turned a square jaw
In the direction of 12 farmers, team
sters, miners and woodsmen in court
today and gave his character for so
briety as "not a total abstainer’' but
never intoxicated In his life, ills testi
mony and that of others, corroborated
such a description of abstemiousness.
If the sturdy looking man v\ho spent
seven years in performing the duties
of President of the United Slates saw
anything curious in his position of ex
plaining to tile 12 toilers that lm was
not really a drumird, as charged in avu
alleged libelous editorial by the de
fendant, George A. Ncwctt, his coun
tenance diil not betray it, nor did ills
ma liner.
When Mr. Pound, his counsel, after
a brief outline of the plaintiff's case
to the jury called Uolonel Roosevelt to
the stand, the latter, who had been In
conspicuous among a number of pros
pective witnesses and visitor stepped
briskly forward.
"Now tell the jury.4 instructed the
lawyer, and the client proceeded to tell
them as directed.
In epitome, the former Presidents
testimony showed that In drank liquor
or wine when compelled to for indis
position or when the conventionality
of public occasions required, except that
lie takes a glass of light wine, rarely
two glasses, with his meals.
Indicate Physical Vigor
much ut tiic succeeding testimony
was introduced to indicate that the
plaintiff s physical vigor, his function
al perfection, his violence of exercise
anil capacity for work could not exist
in the person of one who got drunk
and that not infrequently, as the al
leged libelous editorial in the Iron Un
charged.
important witnesses on this phase
of the examination were Dr. Alex
Lambert, Colonel Roosevelt's family
physician and intimate friend of 30
years, and Dr. T. N. Rixey, surgeon
general i\ S. N., retired, whose official
duties during the McKinley and Roose
velt terms of office included little else
than to guard the presidential physical
well-being. Other witnesses were Jacob
ltiis and Gilson Gardner, the former a
sociologist and writer, and the latter
a newspaper tnan whose duty for many
years compelled him to take close note
<»f everything pertaining to Colonel
Roosevelt. Dr. Lambert testified he had
made a special study of the heart ami
lungs and of the effect of alcohol, to
bacco, opiates and drugs on the human
system.
When Mr. Andrews, on cross-examina
tion. suggested that witnesses' knowl
edge of what the colonel drank at meal
time dltl not extend to breakfasts, the
doctor said.
“Oh, yes, indeed. I have frequently
stayed at the Roosevelt home all night
and might drop in at breakfast any day,
as I frequently did."
Study of Alcoholism
Dr. Lambert said he had given special
attention to the study of alcoholism more
than to any other line; had written a
book on the subject, which was standard
in the profession and probably during
his career had treated 40,000 cases of al
coholism and allied disorders.
"At public dinners I sometimes drank
a glass of champagne, perhaps two; on
an average, 1 may say one glass of cham
pagne a month.”
The witness snapped his words’ out in
his peculiar, distinct, choppy enunciation
and added, after a momentary pause, with
(Contiuned on I'age Klevea)
WILSON’S ATTITUDE ON
CIVIL BILL UNCERTAIN
Washington, May 27.—Whether Presi
dent Wilson will sign nr veto the sundry
civil bill, with its clause exempting labor
unions and farmers’ organizations from
prosecution under certain funds set aside
for operation of the anti-trust laws, still
is ar. open question
The President today sent for Senator
Martin of Virginia and Representative
Fitzgerald of New Vork, chairmen of th«*
two congressional committees on appro-,
priatlnns and t.'Liked at length with them
about the hill. At the conclusion of thi
conference White flouse officials were si
lent. Senator Martin said he had no in
timation that the bill would b© vetoed.
Representative Fitigerald was not in
« lined to discuss the subject at all.
It is considered likelv that the Presi
dent will make known in a few days Just
what his position will be toward the much
talked of exemption clause Pressure has
been strong from many sides urging him
to veto the bilk on the ground that IL
sets up a precedent for class legislation.