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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, August 15, 1913, Image 1

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__ THE BIRMINGHAM AGE HERALD \
VOLUME XXXXIII__ BIRMINGHAM, ALABAMA, FRIDAY, AUGUST 15, 1913 J2 PAGES NUMBER 101
HENRY LANE WILSON
IS REPRIMANDED BY
PRESIDENT WILSON
Mexican Ambassador Publicly Rebuked for Recent Attack on
British Foreign Office—Express Regrets to Sir Edward
Grey for Such “Impropriety”
Action Follows Confirmation of Press Dispatch Regarding
Ambassador's “Congratulatory Speech” to Huerta.
Considered Accepting Resignation Immediately.
Bryan Gives Out Statement
h Washington, August 14—President Wilson tonight public
ly reprimanded Ambassador HAnry Lane Wilson for his recent
attack on the British foreign office. Ambassador Page was in
structed to express to Sir Edward Grey the regret of the Amer
ican government that a diplomatic official of the United Sates
“should have been guilty of such an impropriety.”
The net Ion of tue ailmlnlMtrntlon were
followed receipt of n cablegram from
Ambassador Page In Uoiirion. officially
conflrmlng the Associated Press dis
patch which had quoted a statement
from the British government that It
hnd recogulred the Huerta regime In
Mexico along with France and Ger
many after a ‘'congratulatory speech”
to President Huerta by Ambassador
Wilson on behalf of the diplomatic
corps In Mexico City.
The official Interpretation of the
statement here was that Great Britain
at the time believed from Ambassador
Wilson’s act that the United States in
tended to recognize the Huerta gov
ernment. Ambassador Wilson in an au
thorized interview declared that if the
statement really emanated from the
British foreign office it was ‘a pure
subterfuge unworthy of the British for
eign office," and "at variance with its
traditions and with the character it
has maintained before the world for
two centuries."
Secretary Bryan after a conference with
the President tonight then sent the fol
lowing cablegram to Ambassador Page:
"The Interview given to the press yes
terday by Mr. Henry Bune Wilson, whose
resignation as ambassador to Mexico has
been accepted to take effect at the end
of his vacation, October 14, having been
brought to the Presidents attention, lie
directs nie to ask you to call at the Brit
ish foreign office unfl say to Sir Edward
Grey that lie disclaims any responsibility
tor Mr. Wilson s action in tiie matter and
for the language employed by him in ids
interview and that he regrets exceedingly
that a diplomatic official in the employ
of this government should have been
guilty of such an impropriety."
issues Statement
Secretary Bryan not only gave the
a l ove to the press, but issued the fol
lowing statement:
"A copy of the cablegram to the Ameri
can embar s-- wi»s m i.I to Ambassador
Wilson. Mr. Bryan added that the Presi- j
dent does not go further at this time
because he takes it for granted that the
action which he is obliged to take in I
this matter will be to him (Ambassador
Wilson) a sufficient reminder of his of
ficial duties."
In this connection it was admitted that
tin. administration seriously had consid
ered a summary acceptance of Ambassa
dor Wilson’s resignation to take effect
immediate!?-, but it was said by officials
who characterized tonight the action as
u sufficient reprimand, that only in the
event of uny other utterances or action
dlstusteful to the administration by the
ambassador would such a course be fol
lowed.
Administration officials felt particular
solicitude about the possible effect of
Ambassador Wilson’s remarks in Great
Britain because at tills time the Ameri
can government is relying on the moral
support of tiie European powers in the
effect to suggest a peaceful ending to
tiie Mexican revolution.
Favor Peace Policy
Informal assurances have been received
by President Wilson that foreign govern
ments are disposed to look with favor
on the peace policy being pursued by
the United States, and In tfurn, the Wash
ington administration intends to keep
these governments fully advised of the
*Ups taken by John Bind, personal repre
sentative of the President in Mexico.
Definite information came from White
House today concerning Mr. Bind’s mis
sion to the effect that he carried the
views of the American government to
ward Mexico in writing and tiiai he would ’«
present these viewt through ('barge
O’Shaughnessy when it Reemeri to Nm the
best opportunity offered. He probably
will not act, however before next week.
It was learned that while various ideas
ore suggested throughout the document,
there is no direct proposal for interference
by the United States in the course of
Mexican politics.
To Make Clear Views
The President, it was learned, desires
through tiie communication to make per
fectly clear to the Huerta government
what tiie views of the administration
bore are. ami at tiie White House it was
slated that these views are intended to
help the situation in Mexico without any
intervention or undue meddling on tiie
part of the United States.
While it is lealized that tiie success of
tiie mission depends largely on the man
ner in which the Views of the American
government are received by President
Iluerta. it was not disclosed what steps
would be taken in event of a rejection
(Continued on Pnge Three)
ALL HEAT RECORDS
IN THE HUDDLE WEST
_
Water Famine Causes In
tense Suffering in Three
States—Crops Practi
cally Destroyed
Kansas City, August 14.—Kansas,
Missouri and Oklahoma today sweltered
under the eleventh day of terrific heat
which has paralyzed late crops, caused
water famine and been responsible for
extreme suffering among the people
and the live stock of the three states.
Local showers in Kansas today failed
to affect the general temperature,
which again reached an average max
imum above 100 degrees. In many
places the mercury climbed to 108 and
few stations reported temperatures
lower than 100. A half-inch of rain fell
in Topeka this afternoon, causing the
temperature to drop 23 degrees in 17
minutes, hut an hour later the mercury
had climbed up to the maximum of the
day. The shower was confined to a
territory less than a mile square. Peo
ple shouted and cheered as the drops
began to fall and many of them stood In i
the downpour, as it was the first rain
there since July 28.
All Records Broken
For sustained heat the present hot
spell has broken all Kansas records
atul this summer has been the dryeat
in the history of the state. Since the
drouth began early In May, when the
thermometer rose to 100 degrees, hot
waves have followed with such brief
cool periods intervening that the ex
ceptional heat has been almost con
tinuous. Late crops practically have
been destroyed in parts of the state.
Some farmers are cutting their corn in
the hope of utilizing it for fodder, but
In some Instances the blades are so
dr.v that it will not even make good
fodder. In certain sections hay Is be
ing haled immediately after it is cut.
as it is ho dry the usual curing pro
cess is unnecessary.
Olathe, Lawrence, Medicine Lodge and
other Kansas towns have exhausted their
water supply. Olathe buys 80,000 gallons
a day from this city and Lawrence had
turned the water of the Kansas river into
the mains as a protection against fire.
Cottonwood Falls. Kan., has not had a
rain In 45 days, and for more than 30 days
since then the maximum temperature has
been above 100 degrees.
Some Oklahoma towns suffering from
water shortage are depending on supplies
shipped in by the railroads.
Near Oak Hill. Kun.. two wheat Htacks
w ere burned when the sun’s rays deflected
from a piece of glass lying near them
started a tire. A ear of slack coal took
fire from the heat of the sun at Abilene
and was destroyed.
TODAY’S AGE-HERALI)
1— Henry Lane Wilson publicly repri
manded.
Senate mussed over senatorial sit
uation.
Struggle between Sulzer and Glynn
continues.
Henderson defies Comer charges.
2— O’Neal convinced he had power to till
vacancy.
3— Brickell’s view on power to appoint.
I—Kditorlal comment.
5 -Julian agrees with Walker Percy.
Members of board of revenue aid road
workers.
Kight governors of Alabama.
Clayton will he seated, says Bank
head,
ft—Society.
7—Sports.
11—Markets.
12 Eager to have legislation ended.
FATE OF FRANK MAY BE IN
HANDS OF JURY SATURDAY
Defense Predicts Case Will
Close by Friday—More
Character Witnesses In
troduced
Atlanta, August 14.—That the trial
of I.eo M. Frank for the murder of
Mary Phagan. the little factory girl,
would end this week wAs predicted by
attorney* for the defense late today,
l.uther 55. RosBer. one of Frank's coun
sel. said that the defense expected to
close It* case Friday. Should This be
done, the fate of the accused man may
be In the Jury’s hands before midnight
Saturday. Although the trial has not
yet covered three weeks, the records of
the case are said to be the most vol
uminous of any criminal trial in the j
history of Georgia. It was estimated |
tonight that this record contains more
than 600,000 words.
Mrs. Emil Zelig, Frank's mother-in
law, testified today to Frank's good
character and habits and said that his
domestic life was a happy one.
Attorneys for Frank made a vig
orous effort to have stricken from the
record -certain questions characterized
by the defense lawyers as leading and
insinuating which were put to char
acter witnesses by Solicitor Dorsey to
day.
Judge Roan ruled that the questions
should stay in evidence, holding that
the state could ask witnesses whether
or not they had knowledge of certain
alleged improper conduct on the part
of Frank, but could not itself intro
duce testimony in support of these al
legations. v
Several witnesses were introduced In
an effort to establish an alibi for the
accused superintendent.
Neighbors testified they saw him at
his home a few' minutes after the state
claims he finished the disposal of the
Phagan girl’s body at the pencil fac
tory, several blocks distant.
s
I
I
_ _
C_ J* —
' . — — - -— 1... ....I
Is Sulzer the victim of the uplifting influence of a gambling wife?
SENATE MUSSED OVER SENATORIAL
SITUATIONS; GOV. O’NEAL EXPLAINS
NIUSS IN SENATE
Situations in Maryland Pre
sents Knotty Problem.
Senators Divided on
Subject
BY C. E. STEWART.
Washington. August 14.—(Special.)—The
United States Senate is in a muss over
two senatorial situations involving the
seats of two senators, one from Alabama
and the other from Maryland, and all
on account of the new seventeenth amend
ment.
The situation of Alabama and Mary
land. however, are not analagous, al
though in one respect the issue is the
same,
When Senator Raynor of Maryland died
the seventeenth amendment had not been
adopted, hence the governor of Maryland
had full authority, under the constitu
tion. to appoint a senator who was en
titled to hold office as provided in the
constitution, until the legislature met and
named his successor. Shortly after the
appointment of Senator Jackson, by Gov
ernor Goldsborough of Maryland, the sev
enteenth amendment was adopted by the
requisite number of states. Governor
Goldsborough then took the view' that it
was his duty to issue writs of an election
for United States senator, which he pro
ceeded to do.
Wide Divergence
There is a wide divergence of opinion
as to the authority Governor Golds
berough has to call an election without
the authority of the legislature. Senator
Jackson, all agree is entitled to hold his
seat until the legislature of Maryland
meets, which is next January, because he
(Continued on I'aiec Three)
Anniston Man Discusses j
the Clayton Appointment.
Disappointed. But Not
Disgruntled
Washington. August 14.—(Special.)
Hon. John B. Knox of Anniston stopped
In Washington for a few hours on his
way to join his family on the east
coast of Massachusetts. He was asked
if he had anything to say on the sen
atorial situation in Alabama. He said:
*‘I am naturally disappointed at the
turn events have taken. I have been
a warm friend and supporter of Gov
ernor O’Neal and made the race for the
Senate at the same time he made the
race for governor. In my announce
ment for the Senate T declared in favor
of the election of Governor O’Neal.
When afterwards a vacancy occurred in
the Senate, if lie had the right to ap
point, 1 naturally presumed, if I were
otherwise tit and capable, he might In
turn think I was a tit and capable man
for the United States Senate, since 1
was the only friend and supporter
he had, whose name up to that time
had been mentioned in connection with
this office. The result shows that
I was mistaken in this assumption. Not
withstanding this, i am neither sore
not disgruntled, I shall not undertake
In any respect to Influence the Senate
in its action upon consideration of the
appointment."
O’Neal Mislead
“Governor O’Neal has simply been
mislead by his advisers in this and
(Continued on I’nge Three)
O’NEAL DECLARES HE
DID NOT DISREGARD
ADVICE OF SENATORS
Received But One Telegram
From Washington Regard
ing Appointment to Suc
ceed Senator Johnston
Montgomery, August 14.—Governor
O'Neal of Alabama late today gave out
a statement in which he denied In detail
published assertions that he. had disre
garded the unanimous advice of every
democratic member of the Senate when
he exercised the power of appointment
and appointed Congresspuui Henry D.
Clayton to the vacancy In the United
States Senate caused by the death of
Senator Joseph F. Johnston. In the state
ment Governor O'Neal said:
"The only telegrams I have received
from Washington since the death of
Senator Johnston was a telegram from
Senator John W. Kern of date Saturday,
August 9, In which he suggested the im
portance of my securing authority from
the legislature to immediately till the
vacancy caused by the death of Senator
Johnston, and Senator F. M. Simmons also
wired, concurring In the advice expressed
by Senator Kern.
Only Course Left
"At the time these two telegrams were
received It was assumed by myself and
my legal advisors that the only course I
could pursue was to order a special elec
tion or get authority from the. legislature
to fill the vacancy temporally. Since the
suggestion was made by attorneys, sena
tors and representatives who attended
Senator Johnston s funeral, that 1 could
exercise the power of appointment with
out convening the legislature In extra ses
sion, so far as I am advised. Washington
leaders have expressed no opinion.
"The two telegrams from Senators Kern
t Continued on Cage Three)
PROMINENT IN WHITE SLAVE CASE
- ■ ■ —--- ■— - j.wmwruuL’iu»mimwinmmrjDrq
MARSHALL WOODWORTH JUDGE WILLIAM C. VAN FLEET THEODORE G. ROCHE
Misses Marsha Warrington and Lola Norris, the Sacramento girls who accompanied Maury Diggs and
F. Drew Caminetti to Reno on the trip which has brought the two young men to trial on the charge of vio
lating the white slave law, took thhe witness stand.
Martin Besley, uncle of the Warrington girl, who caused the arrest of the party in the Reno bunga
low and pushed the early prosecution of the two young men, wss the first witness. Miss Marsha War
rington, Diggs' companion, followed, and Miss Lola Norris will be the last witness for the government.
The case now bears every indication of being ready for the jury, in the opinion of Matt I. Sullivan and
Theodore Roche, special prosecutors, and Nate C. Coghlan and Thomas Devlin, the defendei'8 of Diggs.
STRUGGLE BETWEEN I
SULZER AND GLYNN
IS STILL UNSETTLED
- #
Both Impeached Governor
and Lieutenant Governor
Claim to Be Directing
Machinery of State
ADJUTANT GENERAL
OF NATIONAL GUARD
RECOGNIZES GLYNN
_
Cannot Take Orders From Sulzer Un
til He Clears Himself—Machinery
of Government Demoralized.
Question May Go to Courts.
Mrs. Sulzer Continues 111 j
- ..
* ♦ |
4 (ilAN\ WILL DBIMANU T1IM 4
* EAEt I TlYE i'H AMBEJK OF *
f G0YRi(\0|< 81JI//.ER TO DA Y ?
• - *
$ Albany, August 14.--Lleqtfen- 4
? ant Governor Glynn will make a 4
♦ formal demand upon Governor ?
♦ Sulzer tomorrow for possession $
• of the executive chamber at the $
4 capitol .and thus bring to an Is- $
4 sue the question as to who is $
♦ governor of the statu of New j
4 York. This was announced to- f
4 night by friends of the 1 tauten- 4
$ ant governor-. ♦
4 Governor Sulzer, it is said. $
i will refuse t6 relinquish posses- 4
$ sion of th|.'<’hnmbpr and In an- 4
4 ticlpatlon nf such a demand is $
4 understood already to have pre- 4
t pared a letter flatly declining to 4
? accede to it. 4
4 What further action will then $
? be taken by Mr*. Glynn was not 4
4 Indicated tonight, but the gen- 4
4 eral expectation was that the j
4 rival claimants to the governor’s 4
• chair would resort to the courts « •
$ for a test case under an agreed 4
4 statement of facts. » •
$ Word came from Saratoga to- 4
4 night that Secretary of State 4
$ May would refuse to recognize $
$ Mr. Sulzer as governor unless *
4 Attorney Genera! Carmody 4 |
$ should render an opinion to the •
4 contrary. Adjutant General Ham- • '
? 11 ton forma 11 y recognized Mr. • !
4 Glynn as governor this after- 4
4 noon. $ 1
* ♦
———-—-- -—
\ linin'. \iigiiMt 14.-—The <|iie*tlon nf
who 1m elilef executive of the Mule of
Npm York—-WIUIn w Sulxcr or Martin
| H. Glynn—wiIII uiin iiiimc!tlcil "lieu the
light* went out In the capital tonight,
lloth the Impeached governor nml tin*
llentennnt governor elulmed to he di
recting the machinery of government
iiml hotli Mpeut u Iiiim.v <la.' In their rc
Mpectlve olllcPN "Itli counsel nml
frlemlN formulating plnuM to maliitaln
tiller authority.
Meanwhile the governor's wUc, who
is expected to be the star witness at
his trial, lies In a critical condition
In the executive mansion. Her nervous
collapse yesterday, which was accom
panied by hysteria, grew so serious
this morning that the governor sent
to New York for two more specialists.
Mrs. Sulzer had a high temperature
and a rapid pulse during most of the
day, but her condition was reported
as somewhat improved tonight.
(government Demoralized
The whole machinery of state gov
ernment was demoralized today as a
result of the unique contest between
the rival claimants for the executive
offices and already the double exer
cise of authority has precipitated com
plications with two other states- New
Jersey and West Virginia.
The impeached governor signed re - i
quisition papers today for the gover
nors of each of these states for the \
extradition of prisoners in the custody I
of tli© state of New York. Whether tin
authorities in charge of the prisoners!
I—the police commissioners of New J
York city in the West Virginia cas
-■-vvo'uld recognize the r* quisition pa- i
pers when served upon them; whether I
the governors of the two states would j
also, recognize them, whaflier In tin ,
event of such recognition counsel for \
the prisoners would resort to tin* i
courts with a plea that the extradition j
of their clients was illegal these were |
unprecedented questions which the sit- I
uation presented tonight.
Courts May Decide
The prospects tonight were that the
contest between Hie rival claimants to
the governor’s chair might be decided
In the courts by the presentation of
ari agreed statement of facts arrived
at alter consultation between their re -
spective counsel. Such a consultation
I Continued on Page Three)
5000 PIKE PEOPLE
DEFIES COMER TO
I mm
In Broiling Sun He Outlines
the Striking Planks of
His Constructive
Platform
COMPARES COMER TO
HUERTA AND CALLS
HIM ALABAMA J)IAZ
Presents Figures of Aliened F\tr»va*
gances in Former Administrattipn
and Shows Where Went \
Money Collected Through ,
"Thumbscrew” Tax
ation
By l. S. BETTV (
Troy, Wust' 14.—(Special.)—Chknies of
disloyalty to Nirty principles, hypoci^r
and Inordinate ambition, that dares pm®
(ha dirk of the assassin on former
friends and supporters.- w<re burled
altalnst former Oov. B. n i’omer 1>y
Charles Henderson, candidate for gover
nor. in the opening address of ids cam
paign here today before the inters of hia
home and neighboring counties.
Mr. Henderson's attack upon Mr. t’o*
rner today was the first public declaration
lie has made against the former governor
since tlie latter delivered his Attnlla
speech, in ahlch he charged Mr. Mender- •
son with being u railroad candidate.
Mr. Henderson’s public reply to \fi,
Comer wus delivered at tie* outset of his
address. and It was characterised
throughout by a caustic arraignment of
tin* former governor. f&The leopard ba«
not changed his spots." declared Mr. lien- ^
derson. "He is the man who forsook, the
platform upon which he was elected, raft
from the issues upon which he made hl«
campaign, when, as he thought, it ap
peared weakening, and sought notoriety
by seizing the leadership of an Issue for
eign to his life's teachings, that he might
perpetuale his reign in Alabama."
Comer-and Huerta
The speaker compared Mr. Coiner to
Huerta. "No oqe who dares to obstruct
his course Is safe from hi# vitriolic slan
der," said Mr. eHnderson.
Following ids vigorous castigation >f
Mr. Comer, the speaker plunged into the
! Issues pC id# campaign, first stating that
| it had hewn his dgshv to open his ''
I palgn among the oeople with whom tie
had been reared.
Mr. Henderson explained early in his ad
dress his work in the interest of securing
railroad regulation in Alabama, stating
that he had inaugurated the movement
in May, 1902. In the many railroad re- , I
forms which have been accomplished, Mr.
Henderson said: "There is glory enough
for us all, and no man without an egotism j|
equal to that of Theodore Roosevelt or a '
selfishness and ambition as great as that
of Julius Ouesar can claim to be tile solo
and only cause of the victory won at the h
Mr. Henderson took up in detail the
work of securing railroad rate regulation^*
anti gave a complete history of the vat
ous steps which had been followed leading .ijj
up to the recent victory over the l.ouis
v I lie and Nashville Railroad company.
Discusses Financial System ^
The speaker next took up and discuss^^^^fl
tile financial system of tin- state. ciiargj^^^H
tlie former administration with
|.'<f1iga<y and extravagance, and
elured timt the Increased taxes of Mmf'4
Comer’s administration were not Jor l he
sole benefit of public schools and old sal- 1b
diers. as Mr, Comer had claimed.
The various departments of state were
then taken up by the speaker, who de
clared that many of the useless depart
ments should be abolished. Mr. Hender
son then charged lack of system In the
state’s financial affairs, which resulted in
grinding the taxpayer, and In taking
money from the people which Is needed
for their support and maintenance.
In regard to his views on local option,
Mr. Henderson said: "I am in favor of
the Individual liberty of the citizen, so
long as the exercise of that liberty do as
not interfere with his neighbor.
For Local Option
••The homes of the people of this state
are sacred: their persons are sacred; their
individual liberty is shcred," he declared.
"Local option does not necessarily mean
the open saloon, and It rests entirely with
tlie majority of the voters in a com
m unity.
"Although the sale of liquor should *»e
authorized." Mr. Henderson said. t
should be bv such a fair and just regula- ;
tion as wilt reduce the evil to a mini
mum, and to promote morality, temper
ance and an obedience to the law.
In conclusion. Mr. Henderson declared
that he favored economic government
^ ___ M
(Continued on page Light)
..
NEW YORK SCENE OF MERRY
ROW OVER CURFEW CRUSADE
- i..
Mayor Gaynor and District
Attorney Now at Swords’
Points—Each Blames the
Other
New York, August 14.—With Mayor
Gaynor and District Attorney Whitman
at odds over the mayor s 1 oclock cur
few crusade, a magistrate today Issued
warrants charging assault against
Police Inspector John F. Dwyer and 13
policemen who were concerned in eject
ing men and women diners from Thom
as Healy's restaurant an hour after
midnight this morning. Mr. Whitman
was among those driven out.
Dwyer and five of the policemen
wore arraigned In court and held for a
hearing Saturday morning Magistral
Deuel, who took the pleas of the pris
oners, wrote to the district attorney
declaring there had been "usurpation
of judicial functions by the police of*
flclala," recommending a grand jury til*
vesttgation.
Mr. Whitman conferred with the
grand jury and it was announced that
an inquiry would be begun next week.
Acting Police Oommsisioner McKay
tonight announced that llealy’s would
not again be disturbed pending bear
ings in the cases of Dwyer and ilia
men.
The mayor informed McKay that it
would be /‘unseemly" for the police to
enter the place again and encounter
Mr. Whitman’s opposition.
"You will continue to periorm your
duty in this respect at all hotels or
liquor places where the district attor
ney does not, oppose you,” the mayor
instructed McKay. "As soon as he op
poses you. cease, if we are to havo a
recurrence of t lie all-night orgies
which we suppressed In these places the
police department cannot be blamed
therefor.”
The mayor and the proseoutor each
Issued statements placing responsibil
ity upon the other. If Mr. Whitman had
Informed the police commissioner or the
mavor that he disagreed with their in
terpretation of the liquor tax law, the
mayor declared, the police would have
followed the prosecutor’s views.
Mr. Whitman replied that It was not
his duty to advise Mr. Gaynor or the
police as to the law.

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