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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, July 10, 1913, Image 5

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AT THE HOTELS
James S. Cameron of Cullman, G. H.
I Plunkett of Auburn, and S. H. Collis
I of Blocton are registered at the Empire.
52. H. Parker of Montgomery, D. W.
I Ilenford of Anniston and V. L. Adams
t of Talladega are at the Morris.
H. E. Mervln of Atlanta, Tim J. Kin
ney of Kimberly, and M. M. Morrison
of Huntsville are stopping at the Bir
mingham.
J. E. Long of Jasper, Robert S. Stock
holm of Acton, and L. B. Divelbiss of
Columbus, Miss., are among those at
the Florence.
G. H. Reed of Mobile, Kinney L.
Chambers of Enterprise and M. H. Mor
ris of Decatur are guests at the Metro
politan.
.1. P. Holloway of Attalla, James 3
Thomas of Tuscaloosa, and B. B. Cham
berlain of Mobile are registered at the
Hillman.
COMMITTEE MEETS
WITH MR. HARDING
Plan Suggested by Which Woodlawn j
Civic League Would Be Affiliated
With Chamber of Commerce
The Woodlawn Civic league Is seek
ing affiliation with the Chamber of
Commerce of Birmingham and at a re
cent meeting appointed a committee
consisting of Dr. H. A. Elkourie and
L.. C. Smith to wait on the officials
of the chamber and present the propo
sition for their consideration. Y'ester
day the committee waited upon W. P.
G. Harding, president of the chamber,
and took the matter up with him.
The plan suggested was that a com
mittee of 12 including the chairman,
should be appointed from the Civil
league of Woodlawn, the 12 to become
members of the chamber with the
chairman on the board of directors. It
was suggested that this plan would
give Woodlawn direct representation
in the Chamber of Commerce in all
matters pertaining to the general wel
fare of the community.
Air. Harding stated that he would
present the matter at the next meet
ing of the board of directors of the
chamber, when action would bo taken
on the proposition.
LOUIS FORST WILL
HAVE NEW QUARTERS
Announces That He Has Leased the j
Three-Story Building at 1910
Third Avenue
Louis Forst, owner of the two Louis
Forst shoe stores, 220 North Twentieth
stteet and at Bessemer, announced yes
terday that he had secured u lease on the
three-story building, 1910 Third avenue,
and would move his Birmingham store
here August 1.
Air. Forst has been in the retail shoe
business at Bessemer for 25 years. He
opened Ids Birmingham store at 220 North
Twentieth street January, 1912, buying at
that time the lease and stock of the Hill
tShoe company.
“The business has grown too large for
the present store,” said Mr. Forst, “and
larger quarters are necessary. I will
► 'have twice as muen room at my new' lo
cation. Carpenters are busy now remodel
ing and installing the necessary fixtures
and when I move August 1, 1 don’t believe
there will be a handsomer or better
equipped shoe store in the city.”
OPEN BOOKING AGENCY
T. C. Busted Will Act as Manager of
New Concern
The Southern Co-operative Hooking
offices wit it T. C. llusted us manager,
have been opened in rooms 1-2-3. 1824
Third avenue. They book vaudeville,
musical comedies, dramatic stock, spot
light singers, moving picture operators
and regular employes of theatres, air
domeB. parks and fairs.
Mr. Hustcil Is one of the best known
men In the theatrical profession, hav
ing been connected with some of the
largest booking agencies in the coun
try. His personal acquaintance with
many of the leading artists insure tlie
very best attractions for Ills agency.
Tile offices are handsomely fitted up
and the leading periodicals pertaining
to the stage are on file.
GRUBB GIVES HIS VIEWS OF CASE
IN STATEMENT FROM THE BENCH
Holds Association and J. H.
McLaurin Have Been Con
nected With Violating
the Decree
GOVERNMENT CLOSES
AND DEFENSE WILL
OPEN THIS MORNING
Street Must Name Those of 60 De
fendants Against Whom Substan
tial Charges Can Be Made
and Tell What He In
tends to Prove
The government closed its case yes
terday against the Southern Wholesale
Grocers association and the defend
ants in the contempt proceedings. Im
mediately Judge William I. Grubb in
a statement from the bench said that
the association as an association and
J. H. McLaurin, its president, seemed
to be connected very clearly with
violating the restraining decree. He
said that certainly the association and
Mr. McLaurin must explain certain
points to the government.
Judge Grubb said the letter issued
by Mr. McLaurin saying that the
operations of the association would
not be different after the decree was
prima facie evidence of violating the
decree.
The statement from Judge Grubb
from the bench began at 3:17 o'clock
yesterday afternoon and was so elec
tric that practically every man in the
court room was standing while the
court gave an outline of what he
thought of the case up to the present.
SCOTT ABSOLVED
BY JUDGE GRUBB
Judge Grubb absolved W. A. Scott of
court said that so far nobody was con
charged with writing a letter making a!
remark about the decree. The court said
he did. not believe Mr. Scott meant to
convey an improper impression about the
decree when he said the case was dis-1
missed. The charges against Mr. Scott1
as a director will be threshed out later.
The court granted District Attorney
Oliver D. Street until this morning at
11 o'clock to designate what men of the
fiO defendants against whom pertinent
charges may be substantially proven
from the government viewpoint. Against
those not designated this morning the
court intimated that he would order th. ir
release as to the contempt case. The
court said that so far nobody was con
nected with violation of the decree ex^
cept the association and Mr. McLaurin.
The district attorney must name the other
men and Indicate what he intends to
prove against them.
The district attorney demurred against
silowing his hand but counsel for the
defense pointed out that in the la»ge
amount of written testimony filed, against
which objections were made by the de
fense, there might be some improper let
ters, and as the defense had never seen
them the district attorney was properly
charged with the duty of naming those
defendants and Indicating what tie
thought could be proven against them.
As to the court's position on tlie case
up to this time Judge Grubb made this
statement from the bench:
The Court: "Now let me give you an
idea of what I-"
Mr. Percy: "That is what we want:
your honor knows what our idea was
on the subject.”
GRUBB GIVES HIS
VIEWS OF CASE
The Court: "Mv idea is this: The gov
ernment has introduced evidence tend
ing to show that representatives of man
ufacturers have in a number of cases
stated that they declined to sell to the
retailer and in some cases they said be
cause their policy was not to sell to re
tailers. In other cases it was testified
that, they said they refused to do it be
cause the retailer was not listed or was
not a member of the Wholesale Gro
cers’ association. Now. it is quite clear,
it seems to me. that there is also evi
dence tending to show that the course
of business, since the decree has been
the same it was before the degre.
"That the course of business in that
respect since the decree, some of the
witnesses testitied, so far as they can
observe, was just as it was before the
decree. Then the question is whether
these defendants or any of them were
responsible for the continued course of
business. Manifestly, the decree meant
something and if it is to serve to accom
plish its purpose, very clearly if tin
government witnesses are correct in all
they say, that the course of business
since the decree has been just as it was
before, if that is true, there is no sense
in having any decree at all; it is not
accomplishing its purpose.
Burden Rests on Defense
"Now. there are a number of de
fendants charged with responsibility
for that in the way of contempt, and
it seems to me that the evidence of the
(Continued on Pago nine.)
Capital $500,000.00 Surplus (Earned) $550,000.00
Birmingham Trust & Savings Co.
Capital and Surplus $l,050,00d?G0
EARNED SURPLUS $550,000.00
Conservative and careful handling of our
own affairs has built up out of earnings,
the surplus shown above. The same man
agement will be given the affairs of your
estate if you appoint us your executor.
A. W. SMITH, President BENSON CAIN, Amt. Cashier
TOM O. SMITH, V.-President C. D. COTTEN, Asst. Cashier
W. H. MANLY. Cashier E. W. FINCH, Aset. Cashier
4 Per Cent Paid On Savings Deposits
COMMISSION GRANTS THE
PETITION OF THE KELLEYS
DESPITE EXUM’S PROTEST
LIVINGSTON MAN
DEFENDS HOBSON
Julian B. Ennis Replies to
Jones Interview

HE GROWS FACETIOUS
Says Livingston Is Little Interested in
Post mastership as No Candidate
Promises to Reduce Price
of Stamps
Julian B. Ennis of Livingston, probably
Congressman Hobson's most ardent ad
mirer in Alabama, lias written The Age
Herald a reply to the interview published
yesterday with Fred IT. Jones, also cf
Livingston, and a very strong anti-Hob
son man.
Mr. Jones declared that Hobson’s sec
retary had first stated that Hobson
would support W. H. Lawrence for post
master, and that Hobson repudiated the
statement of his secretary; that later,
the secretary announced that Hobson
would support E. L. Mitchell who up to
that time, according to Mr. Jones, has
been unknown as a candidate. Mr.
Jones stated furthermore that the great
majority of people in Livingston were
ardent in their support of Pratt Tartt.
and that Hobson’s tactics in regard to
the position of postmaster, had disgusted
a considerable portion of the population.
Mr. Ennis writes that few people in
Livingston are interested in the fight for
postmaster, and declares that Hobson’s
friends are either satisfied with what he
lias done, or placated in the knowledge
that Hobson did what he thought was
right. He grows facetious in the course
of his letter, declaring that Livingston
will continue to receive its mail, and that
no postmaster will ever be able to reduce
the price of .‘•tamps.
He concludes with the statement that
the people of Livingston are not fearful
of a “tick" war. He attaches such em
phasis to that phrase that ids friends In
Birmingham will believfe that he is fear
ful of a war with Japan.
The letter addressed to the editor of
The Age-Herald, follows:
“In justice to Captain Hobson, I think
it only fair that some one of the cap
tain’s friends be heard from, after Mr.
Frederick K. Jones’ interview in your to
day’s edition on the Livingston postmas
tership. It almost explains the situation
to say that Mr. Jones has never support
ed Hobson. He has never signified his
Intention of doing so in the present race
and Hobson’s friends have never counted
on his support.
“When Mr. Jones says. ‘We are all dis
gusted with tlie manner in which Hob
son has acted,’ he evidently meant the
same crowd that has always been dis
gusted with Hobson, for «, great many
of Ijobson’s friends are wrell satisfied, and
others believe he did what he thought
was right.
"As a matter of fact, the majority of
the people of Livingston have taken very
little interest in the postmastership fight.
All the applicants are competent. We
feel sure We will get our mail as usual,
no matter who is appointed and none of
the applicants will promise to reduce the
price of stamps.
“It may be that the excessive heat of
Birmingham has distorted the prophetic
instinct that is just naturally born In a
Sixth district politician, for to a man who
is sitting under the dense shade of a
water oak, with a palmetto fan in one
hand and a coca-cola in the other, It
looks like Captain Hobson will win in
a wralk.
“Assuring you that the dear people of
Livingston are contemplating nothing so
serious as the ‘tick war,’ I am, very
truly, JULIAN B. ENNIS."
PIZITZ EMPLOYES
HAVE FINE OUTING
Afternoon and Evening Spent at East
Lake Park and Every Hour Was
Full of Enjoyment
Tile second annual outing of the Louis
Pizitz Employes’ association was held yes
terday at East Lake park, and was one
of the most enjoyable occasions in the his
tory of this well known department store.
The entire party left the city at 1
o’clock on special cars and a fine bar
becue dinner was served at 1:30, immedi
ately after arrival at the lake. All the
amusements at the lake were then ten
dered to the members of the party free,
which were enjoyed until 7 p. m., and at
7:30 lunch was served. Dancing began
at 8:30 o’clock, and ice cream and cake
were served at 9:30.
In addition to the regular amusements
at the park there were numerous contests
free to all, which were freely participated
(in. aryj handsome prizes were given to the
vflTrmers. The committee on arrangements
were: John W. Anderson, chairman; Abe
[ Weinstein, B. R. Bunting, A. D. Moore,
Joseph Smolian, Mrs. W. T. Kelley, Miss
A. Abkowitz.
The fun committee was A. D. Moore,
j chairman; B. R. Bunting and W. F. Gil
more.
The officers of the Louis Pizitz Em
ployes’ association are: John W. Ander
son, president; Herman Rosenbaum, vice |
president; Miss Annie Light, secretary;
I H. Cohen, treasurer.
Board of directors: Joseph Smolian,
! Herman Rosenbaum. Abe Weinstein, Mrs.
W. T. Kelly, Jake Kadis, A. D. Moore.
WILLINGHAM RETURNS
Pleased at Work Being Done—Expects
Good Results
-3
Henry J. Willingham, superintend
ent of education of Alabama, who lias
been in Birmingham attending the an
nual state conference for institute in-j
structors. returned to Montgomery yes
terday afternoon at 4 o’clock. Before
leaving he stated that he was well
pleased with the interest being shown i
in this year's conferences and also !
that he expected the corps of instruct- j
ors this summer to do notable work
in the various counties of the state.
Mr. Willingham came to Birmingham
Tuesday morning to deliver the open
ing address at the conference now in
progress at tho Central High school.
Time for Paying $49,000 to
City Extended to Octo
ber 1 Without Further
Deposit
ONE MOST DRAMATIC
MEETINGS EVER HELD
BY THE COMMISSION
Practically Same Arguments Used by
Same People Who Fought the
Granting of the Franchise,
But Weatherly and Lane
Are Unmoved
ST A T E M BN TS M A DE
BY THOSE INTERESTED
“Work will begin on actual
construction and our railroad
will be in operation by the time
stipulated in the original fran
chise. We could have secured
our money in plenty of time had
it not been for the determined
fight made against us by other
street car interests who wield
much Influence with the New
York' bankers."—George C. Kel
ley.
“The whole transaction from
the very beginning has been the
most unbusiness-like proposi
tion T have ever seen in my life.
In asking for the extension it
was up to the Kelleys to reveal
to us their banker’s identity and
their refusal to do so was suf
ficient proof to me that they
have none."—President C. Exum.
“The Birmingham Railway,
Eight and Power company has
had an opportunity all these
many years to build that rail
road if they had wanted to and
now I can't see any harm in al
lowing not quite three months’
more time for the Kelleys and
thereby probably making
many thousands of dollars for
the city."—Judge A. O. Lane.
“We have no reason to doubt
the word of Mr. Kelley or Mr.
Steiner any more than anyone
else and thereby lose a valuable
franchise and many thousands
of dollars. The only fair thing
to do, as I saw it, was vote for
the extension.”—Commissioner
James Weatherly.
In the heat of a doublequick charge by
the anti-Kelley cohorts the city commis
sion yesterday voted to extend to October
1 the time for George C. Kelley and as
sociates to pay 149.000 to the city for a
street car franchise.
The vote stood:
President C. Exum-No.
Commissioner A. O. Lane—Aye.
Commissioner Junes Weatherly—Ayfe.
It was one of the most dramatic inert
ings ever held by the commissioners. The
tension increased from the moment the
first of about a dozen speakers arose and
began a tirade against the Kelleys that
was as bitter as it was earnest. Fluent
oratory and all breeds of metaphor were
hurled at the heads of the commissioners
by private citizens and representatives of
civic leagues. Mr. Kxum made a ringing
speech, in which he offered a resolution
denying the petition; Mr. Weatherly an
swered by a speech just as straight to
the point telling why he favored granting
the extension, but moving that Mr. Ex
um’s resolution be tabled; Judge Lane
and Mr. Weatherly voted to table the
resolution, and then like the crack of a
whip the formal vote on the original pe
tition of the Kelleys for an extension was
taken.
“I’ll build that railroad now if I have
to sell the coat off by back to do it,”
said George C. Kelley, £$r.f after the
meeting.
MANY PRESENT
WHEN MEETING OPENS
There were a large number of people
present when the meeting was called to
l'der, and In response to the invitation of
President Kxum, Robert Jemison took
the floor as the first anti-Kelley speaker.
The speeches of the opposition were con
fined largely to the same men and to
the same arguments which were made
before the commission some few' months
ago when the Kelley franchise was
granted.
“As a private citizen, as an agent
representing many citizens along Avenue
F and as a director of Elmwood ceme
tery,” said Air. Jemison, “I am here to
remind you lion irable commissioner^
assurances you gave us when this matter
was up before. You stated then that it
the Kelleys didn’t make good, another
company would L-e given the chance.
The Kelleys haven't made good. They
have had six months in which to raise
*9000 in cash, and they haven't done it.
Can they put up 149.000 in cash In three
months more? If they can’t raise $9000
now, how can they raise $49,000 this
fall, when the great crop movement
on and money will be scarcer still?
“There are thousands of people out
there in that section which is effected by
this matter, who deserve son1** relief.
You have built sewers and made other
city improvements and assessed them for
the costs while they are still a mile anl
a half from a car line, and their property
valuations ire not increasing one dollar.
All we ask is that, some other company
be given a .chance at the matter; don't
keep Avenue F and West End bottled up
for three months longer. If the Kelleys
Can build a railroad, all right. But leave
the matter open so another company can
have a chance, too. Then if the Kelleys
raise the money in the future let them
come back here and if someone else haa
not built the road let them-’’
“Do you think, Mr. Jemison, that the
Kelleys or anyone else could raise
money on that kind of a proposition?’’
asked Commissioner Weatherly.
“All we want is ear service,” said
Mr. Jemison. "We don't care who given
It to us, although of course we’d rather
have had it so there could have been
it outiuued oi Page Mae)
NESBITT MAKES HIS
ANNUAL REPORT OF
WORK DONE IN THE
MINES OEALABAMA
Coal Production in 1912 Was
16,513,040 Tons, an In
crease of Over a
Million Tons
ONE LIFE LOST FOR
EVERY 136,471 TONS
BROUGHT TO SURFACE
A Total of 121 Men Killed in 1912.
105 of Them Could Have Been
Saved, Declares Chief Mine
Inspector—Emphasizes
Safety First
The coal production of Alabama last
year was 16,513,040 tons. That informa
tion is contained in the annual report
of Chief Inspector Charles H. Nesbitt,
given out yesterday by the Alabama
Mineral Map company, publishers of the
report. That the production would have
exceeded 18,000,000 tons but for the
car shortage is a statement of Chief
Inspector Nesbitt In the preface of the
report.
This state mined in 1911, 15,011,853
tons of coal and fir 1912 an Increase
was made of practically 1,500,000 tons.
The practical increase for 1912 would
have been 3,000,000 tons but for the un
fortunate car shortage as pointed out
by Mr. Nesbitt.
As to the coke production the report
shows that 2,881,861 tons was produced
as compared to 2,766,697 produced In
1911. The large ovens of the Tennes
see Coal, Iron and Railway company
and the Woodward company are not
Included in the year’s work on coke
it is stated. The increase in coke over
1911 is not so great as that of the coal
mined.
ONE LIFE FOR EACH
136,471 TONS MINED
For each 136,471 tons of coal mined
there was one life lost In the mines of
this state. In all there were 121 men
killed during 1912, although few if any
serious explosions have taken place.
The deaths are from falling slate and
such accidents. There were 193 men
employed to each life lost in Alabama
'coal mines during the year 1912. In
1911 there were 209 men killed, there,
being one life in that year for each
71,827 tons of coal mined.
In 1883 the coal production of this
state passed the 1.000,000 ton mark
and there has been the tremendous
gains noted since that year.
In the whole mineral district was
employed a total of 11,130 miners. The
inside workmen about mines numbered
7104 while the outside men numbered
5115. About the coal operations
there was employed in all 23,349 men.
A recapitulation of the whole report
embracing 13 counties comprising the
mineral district Is as follows:
RECAPITULATION OF
MR. NESBITT’S REPORT
Bibb county: Employes, miners 945,
inside day men 1305, outside day men
524, total 277 1; No. pick mines 19:
openings, slopes 18, drifts i, total 19;
tonnage, lump 4 10.734, nut 328,798.
slack 21 4.474. run of mines 818,108, to
tal 1,802,114.
Blount county: Employes, miners 250,
inside day men 36. outside day men
29, total 315; No. pick mines 9; open
ings. drifts 9, total 9; tonnage, run of
mines 1 44,072, total 144,072.
Cuilm. n county: employes, miners
74. inside day men 17. outside day men
9, total 100; No. pick mines 5; open
ings, drifts 5, total 5; tonnage, run1
of mines 72,950, total 72,956.
DeKalb county: Employes, miners 4,
inside day men 1, outside day men 1,
totul 6; No. pick mines 2; openings,
drifts 2, total 2; tonnage, run of mines
600, total 600.
Etowah county: Employes. miners
271, inside day men 80, outside day
men 29, total 380; No. pick mines 6;
openings, drifts 6, total 6: tonnage,
lump 3473, nut 5542, slgck. 7746, run
of mines 195,677, total 212,438.
Jackson county: Employes. mlAers
21, inside day men 7, outside day men
17, total 35: No. pick mines 2; open
ings drifts 2, total 2; tonnage, lump
300, nut 500, slack 200, run of mines
1000, total 2000.
Jefferson county: Employes, miners
6278, inside day men 3055, outside day
men 1683. total 11,016; No. pick mines j
87, No. machines mines 16; openings,
slopes 45, shafts 6, drifts 51, total
102: tonnage, lump 814,217, nut 34,440,
slack 2,180.667, run of mines 5,353,
548. total. 8,3,82,872.
Marion county: Employes, miners 113,
inside day men 52, outside day men
30, totay 195; No. pick mines 3. 'No.
machine mines I : openings, drifts 4,
total 5; tonnage, lump, 27,083, nut 24,
839, run of mines 6250. total 57,172.
Shelby county: Employes, miners 563.
inside day men 227, outside day men
148. total 938; No. pick mines 9, No.
machine mines 1; openings, slopes 10,
total 10; tonnage, lump, 106,710, nut
70.729, slack 183,845, run of mines 141,
649, total 502,933.
St. Clair county: Employes, miners
433, inside day men 202, outside day
men 133, total 768; No. pick mines 11;
openings, slopes 8, drifts 3, total 11;
tonnage, lump §2,806, slack 677,839,
run of mines 91,® 1, total *£2,407.
Tuscaloosa coijfity: Employes, miners
603, inside day jinien 475, outside day
men 286, total ft.364; No. pick mines
11, No. machirj$ mines 1: openings,
slopes 5, shafts 6, total 12; tonnage,
lump 99,319, nut 98,146, slack. 567,485.
run of mines 170,743, total 935,693.
Walker county: Employes, miners
1 529, inside day men 1617, outside day
men 2226, total 5372: No. pick mines
69, No. machine mines 17; oi>enings,
slopes 30. shafts 6, drifts 50, total 86;
tonnage 540,775, nut 270.492. slack
267.965, run of mines 2,4 12,016. total
3,521.248.
Winston county: Employes, miners
16. inside dary men 30. outside day
men 10, total 86; No. pick mines 7:
openings, drifts 7, total 7; tonnuge,
lump 6000, slack 6000, run of mines
14,535. total 26.585.
Totals: Employes, injners 11,130, In
side day men 710 4, outside day men
5115 total 23.349: No. pick mines 210.
No. machine mines 36: openings, slopes
1J 7. shafts 13, drifts 146. total 276: ton
nage, lump 2.121,417, nut 833,486, slack
tContinued on t’age Mae.)
I 1
Financing a Small
Business
A small merchant who was “al
ways needing money” tried a
scheme like this:
Every day he took $1 from his
cash, “rain or shine,” laid it aside
and put it in a savings account. He
never noticed the outgo, and in a
few years had with compound in
terest something he never would
have had any other way—a reserve
of real money that saved him in
not a few emergencies.
Have >ou considered the back
ing that a savings scheme, includ
ing an interest account at the
A i.erican Trust, will give to your
business?
mricanTrust^avingsRanr
riRST AND TWENTIETH —BIRMINGHAM
CAPT. JOHNSON’S REMAINS
TO BE TAKEN TO ATLANTA
The remians of the late Capt. Jack W.
Johnson will be interred this afternoon in
Atlanta, following funeral services at
his late residence, 2177 Highland avenue,
at 8:15 o’clock this morning. The Rev.
i W. N. Claybrook, rector of the St. Mary's
on-the-Highlands Episcopal church will
officiate at the services in Birmingham.
Immediately following the funeral serv
ices,the remains of Captain Johnson will
be removed to the Terminal station for
transportation to Atlanta, on the Birming
ham Special of the Southern railway,
which leaves the city at 9:30 o’clock. A
large number of personal friends and
railroad men, besides the immediate rela
tlves will accompany the remains to At
lanta. The pallbearers are: Webb W.
Crawford, Walker Percy, Henry L. Bad
ham, J. R. Ryan, Culpepper Exum and
Solon Jacobs.
Captain Johnson died suddenly Tuesday
night at 10:50 o’clock at the residence of
W. R. McIntyre, 1822 Tenth avenue, south,
of heart failure. The deceased was the
dean of the railroad men of Birmingham
and was personally one of the best
known and most popular men in the city.
His sudden death was the subject of gen
eral comment throughout the city yester
day. Captain “Jack,” as he was popularly
known, leaves a. great void in the hearts of
his numerous friends.
C. B. Ryan of Norfolk, general pas
senger agent of the Seaboard Air Line,
arrived in Birmingham last night and
will accompany the remains of the late
Captain Johnson to Atlanta this morn
ing. Mr. Ryan expressed himself as
CAPT. JACK W. JOHNSON
Popular railroad official, who died
suddenly Tuesday night
greatly distressed over the death of
Captain Johnson, who had been district
passenger agent of the Seaboard for
several years.
TO TEST LEGALITY
-J

Habeas Corpus Proceedings
Instituted by Attorney for
Prisoner on the Roads
In order to test the validity of the law
regarding the working of the county con
victs on the roads, habeas corpus proceed
ings have bene Instituted In the city court
and the hearing set for this afternoon at 2
o’clock before Judge O. C. Nesmith.
The writ was applied lor by W. J. Mar
tin. attorney for Anthony Harrison, a ne
gro convict now at work on the county j
roads. The contention of the complainant
is that he is being illegally worked and j
detained. W. K. Terry will represent the ,
board of revenue iti the contest.
Real Estate Transfers
Deeds were placed on record yesterday |
in the office of the probate court show
ing the following transfers of property,
the consideration being $1000 or more:
$1125—J. F. Stagg to Ida H. Epperson;
lot 13, block 11, map and plat of the Ris
ing survey called Compton.
$6500—J. E. Beasley to E. M. Perkinscn,
parcel of land In block 654, present plan
and survey of the city of Birmingham.
$1000— Bullard Investment company to T.
H. Spencer, parcel of land In southeast
quarter of southwest quarter of southwest
quarter of section 12, township 19, range
5 west.
$1750—M. C. Bollan to Mrs. M. E. Askon.
12 acres of land In the southwest quar
ter of the northwest quarter of the south
east quarter of section 24, township 14,
south, rango 3 west.
$2425—Laura Hill Investment company
to J. R. Kincaid, part of lots 9, 10, 11
and 12, block 3, map and survey of the
property of the Laura Hill Investment
company.
$8000—J. C. Williams to Lute Howard,
part of lot 17, block 54, Elyton I,ar.d
company's present plan and survey of tht*
city of Birmingham.
$1750—Melvin P. Wollan to Mrs. M. E.
Asken, 12 acres of land in the north
east corner of the southeast quarter of
the northwest quarter of section 24, town
ship 16, range 3 west.
Suits Piled
The following were among the damat'e
suits filed yesterday In the city and cir
cuit courts:
E. S. Nicks vs. Semet-Solvay company,
$3n00 damages claimed for alleged per
sonal Injuries.
D. S. Booze vs. Birmingham Railway,
Light and Power company, $1000 damages
claimed, the plaintiff alleging he was re
fused a transfer.
E. A. Wadsworth vs. Birmingham Rail
way, Light and Power company, llooO
damages claimed for alleged personal in
f^Ies.
J. L. Cole vs. Birmingham Railway,
Light and Power company, $1000 dam
ages claimed for alleged personal In
juries.
Joe Hubbard vs. w. E. Tinker, ;:>X)
damages claimed for alleged personal in
juries.
George Greene vs. Birmingham Rail
way, Light and Power company SJOuO
damages claimed for an alleged assault
and battery.
J. K. Walker vs. Birmingham Railway,
Light and Power company, 130,000 claim.j
for alleged personal Injuries.
Incorporation**
15000—Ginners’ Specialty company. Offi
cers. A. W. Be!!, president; K. C. Du via,
secretary-treasurer.
The Bc»l lint Weather Tunic
GROVE S TASTELESS chill TONIC en
riches the blood, builds up the whole
system and will wonderfully strengthen
and fortify you to withstand the de
pressing effect of the hot summer. 50c.
HEU LANE IS
NOT INTHE RACE
Lawrence County Man Will
Not Run for Commis
sioner of Agriculture
Hector D. Lane, like Watt T. Brown of
Ragland and Vassar L. Allen of Birming
ham, eschews politics.
The well known Lawrence county mem-,
her of the legislature, who has been re-*
pea ted Iv mentioned as Captain Kolb’s sue-'
cessor as commissioner of agriculture,*
stated yesterday while in Birmingham1
i
that he would not run.
This announcement, of Mr. Lane was*
considered significant, and it is firmly
believed that within a short while an-;
other Richmond will enter the field. The
well posted political student believes that
he will be Len F. Greer of C'hoccolocco,
present inspector for the state convict
bureau.
“I have studied the situation very care
fully, ” stated Mr. I^ane in way of preface,**
“and have 11 naily decided not to run. The1
lure of politics is entrancing and almost”
irresistable. But I have decided it Is best.’
for me to endeavor to make a living fori
the family. Therefore, you will have to
count ine out.” 11
At the present time there is only on*‘n
candidate In the field, Dr. A. A. Persons_
superintendent of the public schools 0/t
Bessemer, it is contemplated, however -
that very soon there will be another can*
didate, and that he will be, as state*),
above, Mr, Greer, at present in the »8Jm
vice of the state. «'»
BIRMINGHAM MAN
JUDGE IN FLORID/
D. K. Middleton Takes Part in Celt
bration in Honor of Birth of i
Bay County
It will be learned with Interest <
Birmingham that Judge D. K. Middl*
ton, a former Birmingham citizen, w<
his race for probate judge of the m2
Florida county called Bay, on St. Afl
drews Bay, of which Panama City 1
the county seat. Judge* MlddW^u w
only alter a most strenuous rtK * f
mary. 4<* |
vjii «#ui> i an 'Miuniiuufi ceienraucm
of the* birth of the new county was
held at which Judge Middleton was cm*
of the chief speakers. The Panama City
Pilot gave an extended account of% his
address In which the new official pre
dicted such great things for the now
county and for Panama city.
--- ,«». .. . . —
Marriage Licenses
The following marriage licenses wore
Issued yesterday in the office of the pro
bate clfrk:
Edwin S. Brown of Birmingham and
Miss Phyllis Bosworth.
J. O. DeJarnette of Birmingham and
Miss Elizabeth Coffman.
E. D. Holliday of Fairfield and Mis*
Emma Whitehead.
W. T. Horton of Ensley and Miss 1 14
lie Warlich.
Othel Glover of Belle Sumpter and M ss
Ruby Smith.
Building Permit
The following building permit was
issued yesterday in the office of the
building inspector:
$1579—Leedy & Co., First avenue
and Eighteenth street, repairs on brick
building.
Negro Held lor (irand Jury
Monroe Hollis, negro, charged with
grand larceny, was bound over to the
grand jury In the sum of $3»m) by Judge
H. B. Abernethy of the court of «.uuum>a
pleas.

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