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NO SICKLES MEAN NO WORK ON ROADS, SAYS LODGE LANE - Agitation for Change Comes -From Those Who W’ant Convicts Kept in Mines UNDECIDED ABOUT PLANS FOR THE CITY Commissioner Inclined to Think Thai Law Provides No Discrimination in Treatment of Convicts Can Be Made “In conjunction with Dr. Lovelady and with the aid of City Attorney Ronmine Boyd I am r.ow conducting an investiga tion as to whether or not the convicts of the city shall be-worked without shackles in compliance with the orders of Governor O’Neal and a decision will be announced early next week," said City Commissioner i A. O. Bane yesterday afternoon. "I am satisfied, however, that it can t ! be done, although I still have my mind j open to all sides of the question. It is Pn-; practical from the very beginning and is not justifiable under the law. I do not mean to make any personal attack on any man when I say this, but I do believe that the whole matter is merely an attempt to have the convicts placed back in the mines. "In the mines they can he worked with out Shackles and anywhere® else they can’t. If it’s no shackles, then it's the mines. Any man would be a fool if ho .was convicted for a serious crime and 'when placed cn the loads with no shackles on hUo did not escape. You take especial ly these negroes, and let them dodge be hind a house and they're gone. I am thoroughly convinced already that the city convicts cannot be worked on the street without shackles on them, for the simple reason that too many of them would es cape. I have no authority over the coun ty, but I am of the same opinion there, for I do not believe unshackled convicts can be worked on the roads without a large per cent of them escaping. All Must Be Treated Alike "As far as we hove gone with the in vestigation. I do not believe that tlie coun ty convicts can be worked without shackles and the city convicts with shackles. If .one class wears them they s 11 will have to wear them. .1 think that }s one of the very points the governor makes in his contention, that there must he no partiality shown, not even among prisoners where one man is convicted tor a slight offense and another man for a serious offense. "The first L heatd of this matter was yesterday ifternoon, when Dr. Lovelady, president of the ooard of revenue, called me up at home and stated that he wished me as head of the department of justice of the city to work in co-operation with him in making an investigation as to whether or not the city and county con victs could be work'd without shackles, iC so, how. if one data could artd another class could not. and all the other .ma tures about the matter. With the aid of Attorney Boyd [ have been going over :he situation all day and as I have already stated, 1 am frank to say that I do not believe it can or will be done." Dr. Lovelady Opposes Suggestion Dr. R. F. Lovelady, president of the board of revenue, was out of the city the INSTITUTE INSTRUCTORS WILL MEET NEXT TUESDAY I Beginning Tuesday at noon in the audi torium of the high school, the conductors and instructors of the county teachers’ in stitute will enter upon a three days’ ses sion. All of the Instructors and con ductors will attend. Henry J. Willingham, superintendent of education, will be on hand, and he states that. Prof. C. A. Brown, principal of the Birmingham High school, will preside. The instructors and conductors will dis cuss means of imparting to Che teachers of the counties the best and most ad vanced methods of teaching all subjects. The institutes will begin July ‘JS, and one will be held in every county. The teachers of the counties are required to attend. The programme is as follows: "Vitalizing Institute Work," H. J. "Wil lingham. “Suggestive Schedule for Institute Work," Spright Dowell. "Teaching Reading," C, B. Glenn. "Daily Programme," N. R. Baker. WEDNESDAY MORNING. "Eanguage," Mies Rosa Strickland. "Standardizing Rural Schools," N. R. Baker. "Arithmetic.” C. A. Brown. "Drawing," R. E. Dimmitt. WEDNESDAY AFTERNOON. "Geography," Spright Dowell. "Grading the Schools," N. R. Baker. "Spelling," C. B. Glenn. "Play Activities," T. S. Settle. THURSDAY MORNING. "Grammar," Miss Rosa Strickland. "Course of Study." N. R. Baker. "History," Spright Dowell. "The Reading Circle,” C. B. Glenn. THURSDAY AFTERNOON. “School and Home Sanitation," N. R. Baker. "Agriculture," J. B. Hobdy or D. N. Duncan. “Socializing tire Schools." C. A. Brown. ‘.'Use of the State Manual." C. B. Glenn. entire day yesterday and was not ex pected to return until late last night. It was stated that he was in the lower end of the county bn sntue official business. No statement wai secured .from him as to Ms Investigation Into the matter of work ing the county convicts without shackles, hut it is known that Dr. Dovelady op' poses the proposition very strenuously and believes that the agitation is from those •who wish the .convicts placed hack in the mines, the only piace whcy?e they can be w'orked without shackles. Dr. Lovelady has already made statements to this ef fect. FIRST SUMMER CONCERT TODAY Memoli Will Play at Capitol Park at 4:30 O Clock This Afternoon. Stand Improved Memoli and his hand will he heard In the initial open air concert of the sum mer in Capitol park this afternoon at 4:30 o’clock. The handstand, at Mr. Memoli’s request, has been made more comfortable and lias been improved acoustically. Carpen ters were employed there all day yes terday. The roof of the handstand has been raised four feet. The inner col umns of scroll work have been removed and Mr. Memoli said last night that the handstand would now easily seat 35 musicians. His band, engaged for the summer, numbers 20 men. Memoli's band will play each night dur ing the week except Saturday night and the hour for beginning will he 8 o’clock. It is understood thgt all the concerts will be in Capitol parfcv ^jUh very few excep tions. One of these Exceptions will he next Tu6w«i£ , Mgbt, when Ike band will give its concert at i |.;nn>* park in connection with the dedication of the playgrounds. COMER SILENT ON WALLACE’S SPEECH Former Governor B. B. Comer declined i yesterday to make any comment upon the recent speech of J. H. Wallace in connection with the race for governor wherein tlie former chief executive was rather warmly criticised. He said yester day Iliat he had yet failed to find time to read the statements made by Mr. Wal lace and even if he reads them it is I doubtful whether any comment will be made. Mr. Comer announced that lie had en gagements to speak at Oneonta July 19 and at Albertville July 14. The latter speech will be delivered during the morn ing while the former governor will speak in the afternoon at Boaz. Take Advantage of Hood & Wheeler’s “New Furniture for Old” Plan and Exchange Your Old Furni ture for New. WHY not sell your old, out-of date, “off style” and worn furniture for its full value and buy new, handsome and up-to-date furniture with the proceeds? —Scores of Birmingham families have re furnished their homes by means of our “New Furniture For Old” plan. It is a straight-forward, dignified, honest busi ness proposition. You, in common with most everybody else, have more or less old furniture in your home you’re heartily tired of. Still it is too good to give or throw away. Heretofore there has been no way for you to realize anything like full value on it. —WE BUY ANY OR ALL OF YOUR OLD, WORN, “OFF STYLE” FURNI TURE—AND PAY THE FULL VALUE. —You may then apply the proceeds on pur chase of the new and desirable furniture you need. —In addition to this exchange feature, you have the extra advantage at ll(H)I) & WHEELER’S of choosing from the largest and best selected stock of “ Last-a-Life time” home furniture in this city—and you will find, too, Quality for Quality, HOOD & A\ HEELER prices are decidedly LOWER. —We operate an exclusive second hand store at 2111 2d avenue, where all the second hand furniture we can buy is refinished and sold at bargain counter prices. No second hand or, for that matter shopworn furniture, is permitted at the big 2012-14 3d avenue store. R.R. COMMISSION CONVENES MONDAY Reweighing of Carload Ship ments Will Come Up RATE DISCRIMINATION Abbeville Will Petition for Double Daily Service—Reduction in Grain Rates, Sheffield to Birming ham, Will Come Up Montgomery. July 6.—(Special.)—Cita tions to ail Alabama railroad^ to show' why the state railroad commission should not promulgate uniform requirements for reweighing carload shipments at des tinations will be answered by railroad representatives at the monthly session of the commission Monday. An order for the appearance of the railroads was Issued several weeks ago, but consideration of the case has been postponed from time to time to allow the railroads to prepare their answers. If unif9nn requirements are adopted all railroads will be forced to reweigh ship ments at destinations in Alabama if re quested by those receiving the freight. Another Important case to be considered Is that of the citizens of Abbeville and other towns vs. the Atlantic Coast Line railroad, being a petition for a double dally passenger train service on the Abbe bille bran'-b. At present only one regu lar passenger train is operated and citi zens want the railroad commission to order the discontinuance of a mixed ac commodation train and another passenger train placed on the line. A large party from Abbeville and other towns on the line will come to Montgomery for the hearing. Other cases on the docket are: N. I>. W ilson et al. vs. Southern railway, 1 passenger train facilities front lilocton, Ala. 10. Wilkinson vs. Southern railway; re duction in grain rates, Sheffield to Bir mingham. Alfred Wates et al. vs. Illinois Central railroad, petition for doubly dally pas senger service and depot at Brilliant. A. and J. Manufacturing company vs. Alabama Great Southern railroad et al., complaint of alleged discriminate rates on stoves from Gadsden to various points. Citizens of Scottsboro vs. Southern Rail way company, petition for Improved train facilities between Stevenson and Hunts ville. RAPID PROGRESS ON IMPROVEMENTS Recorder's Court Room Will Be Made Larger and Lighter—Ventila tion to Be Improved Rapid progress is being made by tlie workmen on the overhauling of t lie city recorder’s courtroom at the rear of the second floor of the city hall. New windows are being cut in, the cage for the rpisoners moved, several par titions knocked out and the room much enlarged. A new Judge’s bench will be constructed and a new witness stand. The recorder’s courtroom, back in the corner, pressed on one side by the city jail and on the other by the close wall of a high building on Fourth avenue, since time immemorial, has been one of the darkest, gloomiest, most dismal places in the city. From present indi cations the improvements are going to make out of it an ideal courtroom. While the repairs are going on Judge Jclks Cabaniss is holding court in the city hall armory on the third floor, one of the lightest and airiest rooms in the entire building, and Clerk “Bill ’ Cun ningham has dropped 20 years from his stooped shoulders since he has been doing business away from the dungeon which he so long has occupied as judges came and went. The change is appurent but not marked in Judge Cabaniss as lie had been confined in the old room but a few' weeks before the repairs began. 18,000-TON RAIL ORDER FROM THE SOUTHERN To Be Rolled at Ensley Plant—Book ing Heavy for This Time of Year The Southern Hallway company has placed an order for 18.000 tons of rail with the Steel corporation to be rolled ; at the Ensley plant. Announcement to | this effect was made yesterday when the tonnage for the week-end which has been ordered was compiled. Tho Southern during 1912 purchased a very large amount of steel rails, but this Is the first of the 1913 orders. The bookings at tho Ensley plant are said to be very large for this season of the year. It is stated that the rail! orders exceed any amount ever booked i during the summer and on that ac- I count there is absolutely no chance for the plant to be closed down during ! this season. The 18,000 ton order of the Southern will be used for relaying pur poses, it is said, and some now work in North and South Carolina. Negro Stabbed to Death George Mitchell, a negro, was stabbed and killed yesterday morning about 12 o’clock at Twenty-ninth avenue and Twenty-seventh street. It is alleged that the stabbing was done by Jack Mason, a negro who escaped. Negro Se^rely Cut Arthur Robison, a negro, was cut se verely In the arm last night about 7:39 o’clock in Fifth alley, near Twenty-first street. Anna Belle Bush, a negro wom an. who it is alleged did the cutting, was arrested and placed iu the city jalL rLAUH DECLINES TO TALK OF GROCERS President “Has Nothing for the Newspapers” I __ CASE UP TOMORROW Defendants Charged With Contempt in Connection With Prosecutions for Violation of the Sherman Anti-Trust Law Differing in a marked degree from the suave, diplomatic head of the ! Southern Wholesale Grocers’ assocla- ' tion remembered on former visits, J. ' H. McLaurin of Jacksonville, Fla., pres- 1 ident of the association reached here yesterday. Reticence seefned to be a potent part of the official for he spurned the attentions of newspaper men. answering only In one way: “T have nothing for the newspapers." In former cases here the grocers’ president adopted the rule of calling the newspaper men “old top” and such, but yesterday he was the reverse, fie talked to Walker Percy, local counsel for the association, and also Sid W. Bee of Birmingham as well as two other defendants, B. B. Ernstrow of Washington and J. D. Fossett of Bris tol, Tenn. Mr. McEaurin, after meeting his associates and Mr. Percy at the Hillman yesterday at noon, was en gaged for two hours. After that he lunched and was engaged subsequent ly in conference. During the afternoon the informa tion was imparted to him that the gov ernment had excused many of its wit nesses. During the afternoon he was advised that several of the co-defend ants who had been given the option of coming here, decided not to come. So •far as known, only three witnesses are here and four defendants. "Mr. McLaurin, how about this con tempt case?” he was asked. ”1 have nothing for the newspapers,*' he replied. “When will General Wright be here?” he was asked. ”1 have no information for the news papers,” he said. ”fs General Wright still counsel for the association?” he was asked. ”l have nothing for the newspapers,” replied Mr. McT^iurln. ”llow about giving you a Joy ride?' was suggested. “That would be nice, and 1 would return the courtesy if you ever cams to Jacksonville,” Mr. McLaurin said. "What chance is there of your spend ing your vacation hers?” was the next question. “I have absolutely no Information for , the newspapers.” “Will the case be started Monday?” ”1 have nothing for the newspapers.*’ The only development in the case of tlio grocers who are charged with vio lation of the Sherman lawr, according to the general opinion, was the rumor that the government did not expect many of the 125 witnesses summoned and not a half dozen of the defendants. No information was procurable last night as to the meaning of this ab sence. It was stated by one of the party that the case would be called Monday in federal court. It is their opinion that the case will be disposed of without much loss of time and without any ma terial damage to the grocers alleged by the government to be parties to con tempt of the federal court. Gen. Luke E. Wright of Memphis, /hief counsel for the association slnct Mr. McLaurin assumed the presidency, and Caruthers Ewing of Memphis, as sociate counsel, will join Mr. Percy, as sociate counsel in Birmingham Monday morning. They will conduct the de fense. (>. D. Street, district attorney, and C. B. Ivennemar, assistant district attorney, and Ilinton G. ('labaugh, spe cial agent for the department of jus tice, will conduct the prosecution. Judge William I. Grubb will preside. Aged Globe Trotter From the New York Times. The only passenger on the Atlantic transport liner Minnehaha, which arriyed from London last night, who did not seem to mind the heat was Dr. J. M. Peebles of Los Angeles, Cal., who will be 92 years old on March 23 next. Dr. Peebles has arranged to start on his sixth trip around the world In the fall of 1915. Dr. Peebles Is over six feet tall, with snow white hair and beard and clear gray eyes. He told the reporters last night that he owed his good health to avoidance of drugs, eating proper food and regular rest and exer cise. "I have been a vegetarian for 60 years,” said Dr. Peebles, "and neither drink nor smoke, but I am not a bigot. I was born in Bennington, Vt., and was one of the seven founders of the Independent Order of Good Templars in New York state. I stayed in the east until I was 28 years old. I contracted tuberculosis and then went to California to save my life, and have lived there practically ever since.” "What is the real secret of your vitality at the age of 91?” he was asked. "Just behaving myself, proper living and always being up and doing account for It," said Dr. Peebles. "I have the will power to compel me to do things Instead of sit ting in a corner talking about the bygone days, when I stood on the anti-slavery platform with Garrison and other good men before the war. "I feel that I am in the morning of my youth, and have no fear of death, be cause I believe that it merely means the shedding of the outer shell and going to sleep to. wake up In a new world." Dr. Peebles, who was accompanied by R. Peebles 8udall, his adopted son, was anxious to have the reporters know that he was opposed* to vaccination and vivi section. He was in the active practice of medicine for 50 years, and still treats some of his old patients. He served as a sur geon In the civil war and was appointed a consul In Asiatic Turkey by President Grant during his first term, but served only 18 months of his term of office, as he found the life too tedious for endurance. At the present time Dr. Peebles Is a cor respondent of 31 newspapers and period icals. of which nine are in India. Two are Mohammedan papers. He made his first trip across the Atlantic in 1863 in the Cunarder Persia, and iron paddle wheel steamship of 3300 gross tons, with a speed of 14 knots. Mr. Sudall said that Dr. Peebles, when at his home in Los Angeles, generally arose about 4:30 in the morning and break fasted about f> o'clock. He Is accustomed then to go to his rose garden. He retires, as a rule, between S and 9 o’clock at night, unless he has a lecture to deliver. He Intended to atten dthe international con vention of spiritualists in Geneva this month, but the London fogs affected his throat. After lying in bed for a week Dr. Peebles srot up and said he was going back to California. His Model From the Washington Star. “That's the 10th can of sardines you have ordered.” said the railway magnate. “Aren’t vou afraid you will make your self sick?” “I'm not eatine them." replied the em ploye with inventive genius. “T think I'm on the track of a way to get more people Uito a street car.” CLEMENT R. WOOD IS NOW IN FIELD FOR CITY COMMISSIONER Former Recorder and Well Known Socialist Wants to Rid the City of “Cor poration Control” Birmingham is becoming more and more ‘progressive." It now has a socialist'-can itdate for the presidency of the city com mission. Clement R Wood, who was recently Ilsmissed as city recorder, has announced the fact that he will enter the race. He 3tates that he has been urged to do so. He declares that if a petition signed by iOO qualified voters is presented he will immediately get busy. He states that tie desires to ‘‘uplift’’ the people. In hlg statement he refers to the city government as a ‘‘corrupt corporation" controlled government. He insinuates that i Take off" occurs In connection with jueh public utilities as transportation, water, gas and the like. He will, if elected, he states, see that labor is dealt with impartially. His studious prepared statement fol ows: “This decision to become a candidate or the presidency of the commission is n response to the urgent requests that lave come/to me from citizens in all walks of lice, particularly from the ranks if labor, organized and unorganized. As l understand the law, a person becomes i candidate when a petition of 500 voters s filed with the probate judge. If such i petition is presented to me asking me o run, I will be a candidate. “This does not mean that I am an office seeker; but it has been urged to ine that [ might be of service to the general cit zenship of the city. They understand that my views on public questions are definite and sharply at variance with the views of the present city administra tion, and those suggested to succeed the present president. I believe my views are shared in by a majority of the cit izens. In municipal terms, these views are that the present corrupt corporation control and class control over, the city must cease; and that the city govern ment, in financial as well as moral ac tions, must be administered in the in terest of the majority of the people, and not solely of the greedy few. 1 ani aware that this local situation is not peculiar to Birmingham; and this “machine" control is a natural result of the system which gave it birth and which will only finally encl when that system eudj£ But the people are entitled to have the govern ment used against such corrupt and greedy interests,'and in the interest of tlie whole people. I realize also that tiie election of one member of the board does not win the whole fight, but tills is a necessary first step. “The time lias come to Birmingham, as as- "nme to the other leading Amer ican cities, when the public'welfare must oc tne real standurd controlling the ac SURPRISE CAUSED IN BIRMINGHAM BY WINCHEIi'S CHANGE No Intimation Had Been Re ceived Here That Popular Official Intended to Leave the Frisco • The announcement yesterday that B. L. Winchell, president and co-receiver for the Frisco lines, had accepted the direc torship of^ traffic for the Southern Pacific, with Chicago oflfines, was received ht^re with genuine surprise. In local circles where he is well knows, not the slightest Intimation had been re ceived of the prospective change. Mr. Winchell has been president of the Frisco I lines five yeers, having succeeded J. C. I Davidson, when Carl Gray was made i senior vice president. Mr. Gray has suo sequently become president of the Hill Great Northern line. Mr. Winchell, oy aligning with the Harriman lines, follows Julius Krutschnitt. It was rumored some time ago that Mr. W’inchell would go over with the Hill line. He denied that, as did James J. Hill. The rumor was never heard here that he would go with tlie Harriman lines. Mr. Win chell’s acceptance of the new work will be a distinct loss to Birmingham. He hits been identified hero so long that he knows the district. He is in touch with the am bitions of Birmingham developers and while a new president will in time learn, >et one could scarcely hope that any man would he so optimistic about Birmingham as was Mr. Winchell. Personally, he is admired and greatly esteemed in Bir mingham. No announcement as to his successor ha8 been made. .Stolen Auto Recovered The six passenger Studebalcer M/itomo bile of H. H. Fitts of the East Lake Lang company that was stolen Friday night in front of the Orpheum theatre was recov ered by the police yesterday afternoon. It was found In one of the downtown : streets where it had been abandoned. | tions of the city government. Popular education, public recreation, safe streets I and crossings, sanitation and heulth as j a public service, impartiality to labor in its lawful actions, these are the most Important things before the people. vThe time has come, or will soon come, when the citizens will not further permit a “rake off'* on such necessary and gen eral public utilities as transportation, wa ter, gas and electricity, ice, coal and tlie like. Birmingham is ripe for a now social spirit in city affairs. “In becoming a candidate I represent no one class or interest, or one section of the city. I want no support except from those Who believe In the princi ples and measures for which I stand; and an unquestioned majority of the citizens do believe in this repudiation of machine and corporation control, and the use of the city government in the interests of the citizens. This Is merely a statement that I will he a candidate; a programme of constructive principles and measures will shortly be issued.” CHEERS SEEMED '' HAVE BEEN A HAI TO BAIL | Slayer of Saunders at Am ton Believed to Have Cu Throat With Safety Razor Blade Anniston, July 5.—(Special.)—A miss ing blade discovered Friday by Coroner Murphy in the case where Guy H. Bailey usually kept his safety razor and shaving paraphernalia, togeltler with blood stains in the sink in his cell, where the blade was probably dropped, probably tell how the man gave way to a fit of despondency after being ordered to Jail for the murder of C. W. Saunders after the preliminary hearing. When the new county jail was built, the commissioners and State Jail In spector Oates were at loggerheads in regard to screening the cells, the In spector opposing that measure as in terfering with ventilation; and it was rumored Thursday night that a weapon had been slipped to Bailey. This was declared to be improbable, however, by Sheriff Brooks, who states that the pris oner was on the second floor beyond the reach of anyone from the outside; and he had given orders not to allow anyone to see the prisoner except his attorneys and Coroner Murphy, his business associate. Brave for a few minutes, following the adverse decision of Judge Merrill, the cheers in the court room seemed to have been a hard blow to Bailey. He became despondent at once and told his brother-in-law, Capt. S. C. Pelham, that he w’as the victim of manufactured tes timony. The despondency led to the suicide, and- he took no chances on making good the Job. Having cut too high on the left side of his throat, he then made two more slashes on the right side, following this by severing the radial artery in the left wrist. Today, all because of the quarrel of two children, two widows, one residing at 209 and the other at 212 East Fif teenth street, are mourning loved ones. The body of C. If. Bailey lay at the morgue of the Murphy Furniture com pany, of which he was secretary-treas urer, and was viewed by hunderds. The body of C. W. Saunders lies In Edge mont cemetery. Both men are mourned by hundreds of friends, and two of the most prominent families in the county have been rent asunder. it was stated that the funeral of Mr. Bailey will probably be held Sunday, definite decision Having been withheld pending the arrival of relatives from Texas. Interment will take place at Edgemont cemetery. The deceased is survived by a widow, who was Miss Cary Pelham, descendant of the "Gal lant' Pelham, and three children. He was about 37 years old and had resided here about six years. He belonged to several frateranl orders and carried in surance on his life. Old Glory Floats on High; Flag Shows Highest Point (nUlr) New Building | Birmingham now has distinction of having south’s highest steel. See it and tell your friends. The progress is so rapid that the building will be ready for occupancy Oct. 1st, 1913. Work com menced Oct. 10,1912. Yancey R. E. & 1 Ins. Co. will be glad to show you floor plans and make space reser vations. Jefferson County Savings Bank; l Birmingham. Capital and Surplus Over $750,000.00 « ^ Christian F. Enslen, Chairman of Board. Eugene F. Enslen, President. I Wm. C. Sterrett, Cashier. Chas. E. Thomas, Vice President. jj Wm. D. Enslen, Assistant Cashier.. ___ l