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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, July 09, 1913, Image 5

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—-.—— _
AT THE HOTELS
O. H. Savage of Gadsden, W. P.
Blackman of Mobile and E. L. Lamberth
of Jonesboro are registered at the Em
pire.
H. Ij. Nix of Blocton, W. P. Dewberry
of Montgomery and L. J. Harris of
Chicago are at the Hillman.
James T. Carroll of Tuscaloosa, M.
M. Drennen of Cullman and Harrison
Jones of Anniston are stopping at the
Florence.
Prank Forest of Kimberly, H. L.
Russell of Warrior and D. B. Williams
of Port Payne are among those at
the Birmingham.
J. O. Riddle of Enterprise. J. D. Loyd
of Auburn and E. J. Smith of Mobile
are guests at the Morris.
H. K. Hardin of Montgomery, J. L.
Thatcher of Anniston and William
Kent of Huntsville are registered at
the Metropolitan.
littleTestsattack
CORN IN KANSAS
Dodge City, Kan., July 8.—The corn crop
in this part of Kansas is threatened with
destruction by grasshoppers, according to
statements made by loading farmers. The
hot weather of the past week has hatched
millions of tlie insects, and as most of
the wheat has been harvested they are at
tacking corn.
Jack London III
Oakland, Cal., July 8.—Jack London,
author, was operated on for appendicitis
today here. Physicians said he would be
out of the hospital in about 10 days.
This is the
chief
requisite
for making
Perfect
Bake Day
Foods.
ROYAL
Baking
Powder
Absolutely Pure
The only Baking
Powder made
from Royal Grape |
Cream of Tartar
—made from grapes—
No Alum
No Lime Phosphate
HINTON G. UGH
ON WITNESS STAND
FOR A SHORT TIME IN
TRIAL OE GROCERS
Identifies Documents—Per
cy Declines to Cross-Ex
amine Special Agent of
the Government
DEFENSE OBJECTS TO
INTRODUCTION OF
LETTERS AND PAPERS
Number of Semi-Jobbers Testify That
’They Were Unable to Buy Direct
From Some Makers But Could
from Others
With a wave of his hand, Walker Percy j
counsel for the Southern Wholesale Groc
ers' association, refused to cross examine
Minton G. Clabaugh, special agent for the
department of justice, yesterday after
noon, and immediately thereafter court
adjourned. Mr. Clabaugh was placed on
the stand late yesterday afWfnoon by Dis
trict Attorney O. D. Street, who engaged
Mr. Clabaugh In Identifying documents
yellow with age that purport to show an
Illegal combination of the grocers.
Mr. Clabaugh, with one sweep, identified |
a basket filled with letters, whereupon he |
was given to the defense for cross ex- !
animation. Mr. Percy evidently did not j
think it worth while to examine him.
The United States examined nearly a j
score of witnesses yesterday, all of whom
testified that at times they could not buy
direct from certain makers, while almost
invariably on cross examination the sam»
witnesses said there were many firm*
from whom they could and did buy direct,
although not members of the Southern
Wholesale Grocers’ association.
So far as observation Could determine,
there* was nothing new developed from
any of the witnesses. The most astonish
ing proposition of the day's developments
was the frank statement of Gen. Luke
Wright, counsel for the grocers, and other
counsel, that most of the developments
yesterday were admitted, and that such
admissions would have been made by the
defendants had the government counsel
outlined what evidence was to have been
adduced from the score of men placed on
the stand.
Much Documentary Evidence
All the documents used in the past liti
gation were introduced yesterday. Exhib
its up to No. 5000 have been given over to
the court as evidence in the case. To a’ 1
that printed and written evidence the de- |
fending counsel objected on the grounds :
that everything alleged . in the letters,
transpired before the MeL&urin adminis
tration and prior to the dissolution de
cree and restraining''order of October, 1911.
The government developed yesterday
from many witnesses that they were so
called semi-jobbers engaged in the retail
and the wholesale grocery business. Ap
plications, most of them testified, were
sent to the makers of soap, salt, cereals
and other commodities for direct pur
chases. As a general rule, according to
the testimony, there were four or five
makers who either sent letters or repre
sentatives saying that the semi-jobbers
must buy their goods through a jobber lo
cated in their town.
On cross examination it developed in
variably that the sa|ie men who were re
fused direct purchases were aide to secure
goods direct from numerous other makers.
It was also proven that the American To
bacco company, for example, would sell
direct to some of the semi-jobbers who
testified yesterday, but on the other hand
would not sell direct to others under prac
tically the same conditions.
This discrepancy of policy, alleged by
the government witnesses, created unusual
interest in the trial of the case.
Immergluck First Witness
J. Immergluck of Abbeville, La., the
first witness of the day, testified that he
had made efforts since October. 1911. to
buy direct, and was forced to buy from
the jobbers. He named the Diamond
Match company, the Royal Baking Pow
der company, James Pyle Sons, Pennick &
Ford, W. A. Gordon & Co., and the Corn
Products Refining company as among
those who refused to sell to him direct.
Mr. Immergluck said he told the Pyle
company that he wished to place a large
order for their goods. He testified that
he was told that the company would be
glad to sell him, but that his name was
not on the book issued by the Southern
Wholesale Grocers’ association. He said
that he objected to paying 10 per cent
commission to the jobber for handling
his order.
His testimony as to the Diamond Match
company and other makers was substan
tially the same us the foregoing.
On cross-examination Mr. Immergluck
testified that he purchased goods direct
from some of the largest concerns in
American, including Libby, McNeal &
Libby, the Federal Cigar company, Ar
mour & Co., Washburn & Crosby, and
otfiers. In answer to the question by Mr.
Percy the witneses sai& that the concerns
who did sell him direct were among the
largest in the country. The witnesses
testified on cross-examination that if he
had been recognized as a jobber he would
have been in better position to compete
with the other jobbers than he was in ]
tiansacting the retail business.
Three Firms Refuse to Sell
E. E. Brown of the Quaker Oats coni
Pany, was the next witness. He simply
identified some letters. Mr. Brown testi
fied, however, on cross-examination that
he had been with his company for 3)
years, and It had always been its policy
to sell direct to exclusively wholesale
grocers. The decision in this respect, he
said, was reached by Ills company with
out any reference to the grocers’ associa
tion of the south. He denied that his
company had been intimidated into that
policy.
L. l«. Wagnon of Union, S. C.. testified
that he had made several attempts to
buy from manufacturers, but without
success in some instances. He named sev
eral firms who refused to sell him ex
cept through the jobbers. Mr. Wagnon'
testified that although he did buv direct
from a great many makers he waa Im
pressed always with the proposition that
if the Southern Wholesale grocers found
out about his buying direct that he would
bt- cut off through fear said to have
been entertained by the makers.
On cross-examination he said that he
bought goods from a number of manu
facturers Jflthout consideration of the
grocers’ aftociation.
The remainder of the morning session
was taken up with witnesses who testified
practically to the same facts.
T. .1. Corstoffin of Ufacon, Ga.. was the
first witness called during the afternoon
(Ctstlssed sa Fag* Tea) ”
e
PROGRESS ON APARTMENT BUILDING |
■ i i itmmmmmmmmmmm . ■ ■ ■ ■ ... 11 1 .—--TS1*
RIDGLEV APA11TMEXT IIOI SE
Photograph mIiowIdr ateel framework practically completed. 'Mila magnificent building la on Twenty-II rat
atreet. between Park and Sixth avcniien. Photo by H. G. Baird.
!
I
CITY YESTERDAY
Former Recording Secretary
to Governor Candidate
for Secretary of State
James If. Nunnelee, one of the best
knotvn citizens of the stale, and a candi
date for secretary of state, made bis first
pilgrimage to Birmingham in the present
campaign yesterday.
There are several other candidates for
secretary of state, but the consensus of
opinion seems to be that the Issue lies be
tween Mr. Nunnellee and Judge John
Purlfoy, present state treasurer.
“I have done only a little preliminary
work." stated Mr. Nunnelee yesterday,
“but the prospects are unusually fine. I
J. H. NUNNELEE
Former business manager of The Age
Herald, now candidate for secretary
of state
•••••••••••••••••••••••••••••••••••••••••••••••••••*
fee! confident of winning, although for
financial reasons 1 am anxious to put off
the real fight as fong as possible.”
Mr. Nunnelee was recording secretary
under Governor Comer and also under
Governor O’Neal. .As is remembered,
some time ago the present governor, after
complimenting Mr. Nunnelee on his pro
ficiency and faithfulness to duty and
trust, suggested that on account of his be
ing a candidate he resign. This Mr. Nun
nelee, as is remembered, did. He is an
old newspaper man. He was at one time,
many years ago, business manager of The
Age-Herald and later edited a newspaper
in Selma.
Officers of Great Southern
Life Are Unanimously
Re-Elected
' \ _ , '' ' '• '• l\
The annual meeting of the stockholders
of the Great Southern Life Insurance
company was called to order In the of
fices of the company at 523-526 First Na
tional Bank building at noon yesterday,
and immediately adjourned to the pa
vilion over East Luke, where a barbecue
was served by the company. The report
of the president, E. R. McDavid, showed
good progress for the past 12 months,
during which time a 5 per cent dividend
has been declared by the directors.
After hearing the report of the officers
an election was had, and the following
officers were unanimously re-elected: E.
R. McDavid, President; J. T. Palmer, vice
president; 8. V. Woodfin, second vice pres
ident; G. K. Burris, third vice president;
John 8. Gillespy, treasurer; A. F. Fairley,
secretary; Dr. J. D. Heacock, medical di
rector; Dr. W. P. McAdory, assistant
medical director; Dr. J. H. Ferrell, assist
ant medical director; Frank S. White &
Sons, attorneys.
The old board of directors were also re
elected.
The receipts for the first half of this
year were as follows: First year pre
miums, $19,152.42: renewal premiums, $43,
131.08; interest, $10,763.63; the disbursements
amounting to $49,565.09, leaving an amount
of income saved of $23,497.04. The company
received in applications for new insurance
since January 1 $1,014,000, and gained In as
sets $23,801.34.
The net profits from the six months'
transaction of business amounted to
$8833.07, which amounts to almost 6 per
cent on the company'* eanltni of *156.587.
The Great Southern Life paid a dividend
of 5 per cent the first of this year, which
it la claimed is the first dividend paid by
a southern life insurance company during
the first five years of its existence from
earned profits.
Kelleys Ask 90 Days In
Which To Pay The City
$49,000 For Franchise
Special Meeting of Commission Will Be Held Today to Take
Definite Action—Unable to Get Money on Account of
“Financial Stringency,” Declares George C.
Kelley—May Ask Further Deposit
1 to Show Good Faith
Sentiments Expressed by the Principals
“On account of the financial stringency of the past 9U days it has been
impossible for us to complete arrangements with our bankers. We have
already spent many thousands of dollars in making the preliminary arrange
ments. A contract has actually been signed with one of the biggest, finan
cial institutions in Now York: lOev will pay the money in cash within 90
days, and if the extension is allowed, the railroad will be in operation by
the time stipulated in the franchise."—George C. Kelley.
“The financial conditions of the country are the cause of the request
for a delay. Mr. Kelley has staled the facts as I believe they are and I
:hink under the circumstances he is asking only for what Is fair.”—Leo K.
Steiner.
“People who are kicking up so much dust ought to be willing to give
the city a little of it that collects on their feet. The Kelleys have so much
money, they are so sure they are going to build a railroad, they have
nothing to lose by putting up more money with the city to prove their
good faith. As they have nothing to lose, and file city has all to gain, and
as they have such good financial backing that it will be no trouble to 1hem
to raise the money, 1 don’t see why they shall not al least put up the $9000
cash as stipulated in the franchise. I frankly am not. in favor of the ex
tension. My views are the same as they always have been. I have no
faith in the Kelleys nor their undertaking and I don’t believe they will
ever build a railroad.”—President C. EXum of the city commission.
“I do not believe it would be justice either to the city or to the Kelleys
to saw them off right here. It looks to lie a proposition of merit, to me,
and I'm in favor of the extension, although it might be necessary for them
to make a further deposit. We can’t legitimately question the word of
the Kellevs or of Mr. Steiner, though. They are among the very best and
most reliable citizens we have. They have already shown their good
faith; they have spent thousands of dollars privately and have deposited
$3700 with the commission. This extreme rare about protecting the city
and demanding more deposit is all right, but why don’t it apply to all
street car companies in Birmingham?’’—City Commissioner .James
Weatherly.
“I cannot state how I mlglk vote on the proposition. Nor am I willing '
to say whether or not I will favor asking for an additional deposit, i will
state, however, that I am in favor of as much competition as we can get. |
1 think the Tidewater has already done a great amount of gdod along this 1
line and the more we can get the better.”—Commissioner A. O. Lane.
The dogs of war have again been
loosed on the Kelley franchise.
At special session of the city com
mission this afternoon It will be de
cided whether or not an extension of
90 days or until October i will be ul
lower for the payment of the *49,000
that under the terms of the franchise
becomes due to the city today.
Serious opposition will be met by the
Kelleys, and an actual forecast as to
what will be the final result of the mat
ter is not being made by anyone, even
those closest in touch with affairs at
the city hall. The Kelleys asked orally
for extension of time at the commis
sion meeting yesterday and upon the
motion of President C. Exum. who
frankly states h'e haj* no faith in the
Kelleys or their undertaking, it was
delayed for final action at a special
meeting of the board at 4 o clock tills
afternon.
Money Is Tight, They Say
"A financial stringency,” which it
is claimed, has been in progress for
the past 90 days, is given by the Kelley
company as the cause of their request
for an extension. They promise that
the full *49,000 will be paid at the
end of that time, and be paid entirely
in cash, Instead of *40,000 to be paid
In notes of good security as provided
in thl franchise, and further that their
entire line will be In operation by the
expiration of the time stipulated In tIre
franchise.
President Exum states that while lie
does not favor the Kelley franchise at
all and never lias, that al the same
time he. "might be willing to vote for
an extension providing that they put
up a further deposit” with the city to
show their god faith. Judge Iaine re
fused to state Ills position on the mat
ter other than to say that lie “be
lieved In as much competition us we
can get.” Mr. Weatherly stated
frankly that he was In favor of al
lowing the extension, although he, too,
may ask that further deposit be made
by the Kelleys to show their good
faith.
George C. Kelley has been spending
the larger part of his time in New
York the past several weeks endeav
oring to make the arrangements for
financing the railway. He arrived in
the city last Saturday night, in order
to take up negotiations with the com
mission for an extension of time.
George (Kelley, his son, George
B., and Leo K. Steiner, the banker,
appeared before the commission yes
terday. The elder Kelley staled in
a few words the request for an ex
tension. giving as the reason the pres
ent tight money market of which, lie
said, tile commissioners no doubt were
aware. President C. Exum was rather
aroused because lie stated that he had
known nothing about the matter, ex
cept what had been told blin by the
other commissioners. Mr. Kelley slated
lie had tried to see Mr. Kxuin, but had
never been able to meet him at tile
office. »
Steiner Addresses Commissioners
Mr. Steiner told tile commissioners Hint
heNreiieved that Mr. Kelley was asking
only for what was fair, that he had tol l
the facts in the case and that as lie had
said, It was due to financial conditions of
whose existence there could be no doubt,
that the Kelleys were not ready to pa**
the money now. Mr. Steiner stated that
there was not a doubt but wiiat the money
would be forthcoming by October 1.
"I don’t know a thing about tills mat
ter,” said Mr. Exum. "Tills is the first
I have heard a word of It. We can't pass
on a matter of this kind without giving
it some consideration. This proiMisltloii
ought to lie presented here in writing. 1
move that we pass it until it can beacon
sldered.”
It was learned that the 30 days from 'lie
approval of the plans would make Hie
time for the payment expire today, bo it
was agreed that the Kelley's should "e
duce their request in writing, submit It to
the commission yesterday afternoon and
that at a special meeting of the commis
sion at I o'clock this afternoon final ac
tion would he taken.
About 5 o'clock yesterdat afternoon
George C. Kelley appeared at the city
hall with tiie request in writing and gave
a copy to each of the commissioners, it
is as follows:
Format Request of Kelleys
Birmingham. July 8, 1913:
To the Honorable Board of Commis
sioners, City:
Gentlemen: In the matter of fran
chise. granted to us for the construc
tion of a street railway line in this
city, under section 3 of which franchist
we are required to pay to the city the
sum of $9000 tn cash and place with
tile city $+1,000 of acceptable notes, by
or before July-10, 19913.
Wo respectfully petition your honor
able body for an extension of 90 days'
time in which to ronrply with this sec
tion of the franchise.
In asking for this extension, we beg
to say that we have expended a large
amount of money and have done con
siderable work in bringing to a suc
cessful Issue the financing of this rail
way line. Wo have in hand a contract
with a responsible firm of bankers, to
furnish us the money with which to
build this line and we feel absolutely
certain that there will be no furthe
delay ill our carrying out every re
quirement of the city.
As an explanation for not having
been able to consummate our finan
cial arrangements before tills, we wish
to state that there has been a finan
cial stringency in ^progress for the
past 90 days, with winch you are no
doubt familiar, and had It not been
for tills, we would not have asked for
an extension of time.
It is our itnentte-n to pay over to the
city the entire $19,000 in cash Just a*
Ten Extra Days’
Interest .
Now Allowed
On savings deposits made not
later than Thursday, July 10, in
terest will be paid on January 1,
1914, from July 1.
This extra ten days is allowed
twice a year at the beginning of
each interest period.
miericanTrust /.S avingsKam
riRST AND TWENTIETH — BIRMINGHAM
JP ELECT KILBY
St. Clair County Man An-]
nounces He Will Not Hun
for the Office
Watt T. Brown of Ragland, who repre
sents St. Clair and Etowah counties In
the state senate, and who lias been men
tioned as a possible candidate for lieu
tenant governor, will not, os many had
already surmised, make the race.
Senator Brown announces that he will
support Thomas E. Kilby of Anniston
for lieutenant governor, and urges the
personal friends who suggested that lie
make the race, to support the Calhoun
statesman. With the retirement of Mr.
SENATOR WATT T. BROWN
Who announces his declination to
make the race for lieutenant gov
ernor
Brown from the tleld, there is now every
indication that Senator Kilby will be un
opposed in his race for lieutenant gov
ernor.
The formal statement of Mr. Brown Is- j
sued yesterday morning in Birmingham |
follows:
“After giving due consideration to the I
suggestion of friends that I enter thy |
iace as a candidate for lieutenant guv
ernor, t have decided not to do so.
“I am principally influenced in arriv
ing at this conclusion by the fact that
ray personal friend. Hon. Thomas K. Kil
by, has already announced as a candidate j
for this important office, and [ know’ that i
he Is thoroughly in sympathy with me j
in the ambition r cherish to improve the I
education pf the boys of the state along :
certain lines, and as we are heartily in !
accord generally on public questions look- j
ing to waul the development and advance- i
ment of our state, and recognising, as J j
do. Mr. Kilby's eminent fitness for the I
position. 1 ask that my friends support J
him and lend to hint their aid and In
fluence In his candidacy for the lieuten
ant governorship.
“I take tills opportunity sincerely to
thank the many friends from every sec
tion who have offered me their loyal sup
port, and I wish to thank them for their
confidence in me. assuring them that such
confidence is heartily appreciated.
“WATT. T. BROWN.’*
Real Kstate Transfers
Deeds were placed on record yester
day In the office of the probate court
Showing the following transfers of
property, the consideration being $1000
or more:
$6750—Julia J. McQuire to S. F. Gug
genhelemr; part of block 885, TClyton
Ijiitid company’s present plan and sur
vey of the city of Birmingham.
$2225—If. W. IV! rin to Mrs. M. A
Wallace; part of lots 1 and 2, block 8.
map and survey of K. S. Gillette’s ad
dition to Woodlawn.
$1400—W. 1J. Garber to Cleveland !
Rhea; lots 12 and 14, block 280, map
and survey of the North Birmingham
Land company’s second addition t«- i
North Birmingham.
$1000—J. if. Parker to A. P. Gog- j
gans; southwest quarter of southwest j
quarter of section 7, towusthlp 15.
range 1 west.
$4000—Henry C. Harris to Alice Har
ris; lots 5 and 6, block 444, Elyton
Land company's present plan and sur
vey of the city of Birmingham.
$1250—Jennie M. Clarke to N. S
Shahid; lot situated on the east side of
the property known as the Clarke sur
vey.
soon as out financial arrangements
have been completed, and work wlU.be
started promptly and the railway line
pushed to completion without the least
delay.
In asking for this extension, we feet
that it is a reasonable request, as this
line will prove :i source of large rev
enue to the city of Birmingham and
will have established a precedent in
the granting of franchises thut will bo
far reaching and very profitable for
the city.
Assuring you of our appreciation for
your favorable consideration, we are
yours very truly, '
GEORGE C. KELLEY & SONS.
STRINGENT RULES
ARE PROMULGATED
BY CONVICT BOARD
Regulate Working, Feeding
and Treatment of County
Convicts on Roads
BREAD AND WATER
DIET AS PUNISHMENT
Corporal Punishment Prohibited Un
less With Consent and in Pres
ence of Board—Minute
Rules for Food
In addition to the edict oi Governor
O'Neal ordering the shackles and chains
struck from the legs of the convicts work
ing the roads of the county, new compli
cations have arisen in the convict situa
tion in the shape of the now rules and
regulations adopted by the state convict
department regulating the working, feed
ing and treatment of the convicts who are
worked by the county on the county
roads.
They are very stringent and give min
ute instructions as to how the convicts
shall be worked, clothed, fed and pun
ished. White convicts are not to be per
mitted to work with negroes nor work
any nearer than 100 yards to them. Every
article of food is specified which must
be varied ami ample, of good quality' and
includes, meat, vegetables, flour and corn
bread, molasses, vinegar, tobacco and
"coffee^ of good quality, which must be
sweetened with white sugar.”
In addition to two complete changes
of clothing, each convict must be pro
vided with an overcoat, and clean bed
clothes must be furnished twice a week.
Stringent rules are laid down in regard
to sanitation. The convict board forbids
any corporal punishment to be inflicted
unless with their permission and “in their ^
presence.” In other words, the charges
against the convict/ Ills offense and rea
sons for punishment, must be forwarded
to the convict board at Montgomery, the
board decides whether the offense war
rants corporal punishment or not and
if so, the board must be* present when
Use punishment is inflicted. The board
pre vidt^s a system of punishment by put
ting the offender on a bread and water
diet for so many days, but lie must be
examined each day by the county phy
si< lan as to his physical condition.
The rules are state-wide and apply to
all convicts that are worked by the sev- ” ,
era! counties or teased by then) to pri
vate corporations, firms or indivduals,
outside of mines.
No action lias been taken by the board
of revenue in reference to removing the
shackles from the county convicts, but
have submitted the matter to their attor
ney.
Marriage Licenses
The following marriage licenses were j
issued yesterday in the office of the
probate clerk: I
Pitrone Giriondo of Birmingham and j
Miss Mannello Tombroreido.
J. Ia. Button of Adger and Miss Virgie ;
Clark.
T. W- Bathurst oC Ensley and Mrs.
Irene Robertson. {
Leone Menini of Birmingham and j
Miss Asbasla Kanicuse.
SUMMER
LUXURY
For Skin Irritations i
A Soothing Bath with
CUTICURA
SOAP
Cutleura Soap and Ointment sold throughout tha
world. Sample of each mailed free, with 32-p. book.
Address post-cant •‘Cutleura.'' I»ept. IIG. Boater. f
•rMeu who shave and shampoo with CuUeum !
goap will And It beat (or alia and aeaip.

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