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THE BIRMINGHAM AGE^HERALD ^=i J======Z-- -.- ■ zr. —-3TT-T r- ■■■ .... ::z==rr:^=--- — . "=*3 VOLUME XXXXIII 0 BIRMINGHAM, ALABAMA, SUNDAY, AUGUST 17, 1913 51 PAGES (IN SIX PARTS) NUMBER 103 O’NEAL SAYS HOBSON AGREED THAT HE HAD THE RIGHT TO APPOINT - I. F3 Governor Surprised At Charges Made by Ala bama Congressman FIRST TO SPEAK ON VACANCY SUBJECT ^Unquestionably, I Do,” Replied Capt. Hobson When Asked If He Though Governor Had Right to Appoint BY L. S. BETTY Montgomery, August 10.—(Special.) Should the United States Senate refuse to confirm the appointment of Repre sentative Henry D. Clayton, ns the suc cessor to the late Senator Joseph F. Johnston, Governor O’Neal has two al ternatives, that of ordering a speolul election, or of calling a special session of the legislature. In the event he Is called upon to exercise elt er «»f these perogatives, he will order an election, ns he believes the seventeenth amend ment to the federal constitution hns made it mandatory upon hln* to call an election If the legislature has not provided the necessary machinery for tilling n vacancy In the Senate by ap pointment. Governor O'Neal gave expression to this effect tonight upon his return from Mo bile, whore he went to review the first Infantry, which Is encamped at the gulf city. To The Age-Herald representative the governor stated that while he was inucllned to give little credence to press reports from Washington to the effect that the Senate members were unani mous in the opinion that he had usurped his power In appointing the successor to Senator Johnston, he had concluded that should Representative Clayton not be con firm* d by the Senate he would at once order a special election. The governor declared that he is fhm ly of the opinion that he hod the right to appoint Representative Clayton to fill the vacancies and be expressed the be lief that the members of the Senate will Ultimately concur in this decision. How ever, should the Senate decline to con firm the appointment, the governor will, in all probability order a special election at once. in rererence 10 me cnargea maae uy Representative R. P. Hobson that the ap pointment of Mr. Clayton was a political one, the governor said that he was great ly surprised at Captain Hobson's state ment inasmuch as he had Indicated to him that he (the governor) had the right to fill the vacancy by appointment, and had inferred that he would be willing to abide by such actions on the part of the executive. Hobson Spoke on Matter “Mr. Hobson was the first member of the Alabama delegation in Congress to speak to me on the subject of the senatorial vacancy,” said Governor O'Neal to The Age-Herald correspond ent. “I left Montgomery for Birming ham last Saturday night to attend Senator Johnston's funeral, and ar rived In Birmingham at midnight. The following morning I went down to breakfast at 9 o’clock, and the first man I met in the lobby was Captain Hobson. ’‘Captain Hobson said he wished to confer with me for a few minutes with reference to the senatorial situation, and wanted to make an engagement. 1 told him that l was going in to breakfast, but that I would he glad to talk with him before doing so. ‘‘Captain Hobson asked me if 1 w'as going to order a special election, sug gesting that he believed that would be the proper course to pursue. I told him that I had not determined, but that I had been advised by members of the Senate and House of Repre sentatives, who were in Birmingham to attend Senator Johnslon's funera, that I had the power to appoint. I asked Captain Hobson if he thought I could fill the vacancy by appoint ment. Had the Power " ‘Unquestinably 1 do,* said Cap tain Hobson. ‘I merely wished to find ©ut what you intended to do. Should you have decided to order a special (Continued on Page Ten) SENATOR BAILEY SAYS CLAYTON IS ENTITLED TO SEAT Great Constitutional Law yer Goes on Record as Agreeing With O’Neal -7— MAY GO BEFORE THE SENATE COMMITTEE No Steps Taken Yesterday to Throw Light on Muddle—Sentiment in Senate Still Against Clayton ♦ 4 • CLAYTON WILL RUN FOR • 4 THE SENATE IN 1915 4 4 4 4 Washington, August 16.—Repre- 4 4 sentatlve Henry D. Clayton, ap- 4 4 pointed by Governor O’Neal of 4 4 Alabama to succeed the late United 4 4 States Senator Joseph F. Johnston. 4 4 in a statement late today-formally 4 4 announced his candidacy for elec- 4 • tion to the Senate for the long 4 4 term, beginning March 4, -915. 4 4 Representative Clayton’s creden- 4 4 tlals as senator will be presented 4 4 to the Senate Monday or Tues- 4 4 day by Senator Bankhead. i * f BY C. E. STEWART Washington, August 16.—(Special.)—No definite steps were taken today that would throw any further light on the Alabama senatorial muddle. It continues to be the sole subject of conversation and has crowded Mulhall, the tariff and currency! legislation out of the limelight. Senator | Bankhead has arrived in Washington and seems confident that Mr. Clayton will be seated on the credentials he now has. Conferences were held between Senator Bankhead and Mr. Clayton and a number of the leading lawyers of the judiciary committee of the House and Senate. Senator Joseph Bailey, said to be the greatest constitutional lawyer in the United Slates, is on record as declaring that if he was given an audience be fore the committee Dn privileges jmd elections that he feels certain that he can convince them that Mr. Clayton is entitled to his seat. Sentiment Opposes Clayton It Is also said that In the event that after a canvass of the situation it is found that the sentiment in the Senate is utterly opposed to the seating of Mr. Clayton on the credentials of the gov ernor. they may not be presented to the Senate at all.- It is quite certain that Mr. Clayton himself will not press his claims In person before the committee as it would not be considered dignified and in good form. So far as could be ascertained the sen timent is still that Governor Q’Neal had no right to appoint. However, the friends and advisors of Mr. Clayton have ad mittedly made some impression and the opinion of Senator Hailey has had con siderable weight. As yet it cannot be said that there is absolutely no hope for him to get his seat with the present credentials. One Big Problem Very likely the question will not be settled for several days. One great trou ble In the way Is that so many of the senators are on record as saying that the governor had no power to appoint, that in the event they' reverse themselves now' the republicans will make great capital out of their change of heart. Without question it Is the natural desire of every democratic senator that Mr. Clayton bo seated, for he Is certainly needed. His vote on the tariff may be badly' wanted, for It Is freely admitted that Senator Cul berson will not be back in time to vote on the bill and his absence now makes the final vote on the measure by no means a cinch for the democrats. Sen ator Kern expressed great confidence a few days ago that there would he votes a plenty and to spare on the tariff. It Is understood that he is not so sure of it now. And anyway, many of his col leagues do not agree with him. Jemison Wins Jemison. August 16.—(Speclal.)-Jemison defeated Providence today, 7 to 4. The features of the game were the pitching of Jones and the fielding of Glass and Nlchelson Cor Jemison. Batteries: For Jemison, Jones and Sima; for Providence, Watson and Martin. Will McBride Killed Will McBride, a negro, was stabbed to death last niaht at Blount's Crossing, near Pratt City. The police are seek ing John Harris In connection with the stabbing. ! ATLANTIC FLEET BEGINS. A BIG TOUR OCTOBER 25 flans for Trip Discussed By Secretary of Navy and Rear Ad miral Badger—Fleet to Return December 20—Oregon to Lead Fleet Through Canal Newport, R. I., August 16.—October 25, 1913, lias been set as the date for the Atlantic fleet to start on its Mediter ranean tour. nans for the trip were discussed today by Secretary of the Navy Daniels and Rear Admiral Badger aboard the flagship Wyoming. The fleet will return December 20, co that the sailors may spend the Christmas holidays at home. The ports at which It will call will be tentatively decided up on Jjy Admiral Badger and submitted to the navy department. Secretary Daniels also announced that i, ■ ^ the battleship Oiegon, made famous by her run around Cape Horn from the Pa cific to the Atlantic during the Spanish war, will come through the Panama canal r.ext spring to lead the Atlantic fleet through to the Pacific. She la now at the Bremerton navy yard. An Invitation to all the navies of the world to meet at Hampton Roads In Jan uary, 1915, and pass through the Panama canal to the Panama exposition at San Francisco, accompanied by a fleet from the United States navy, shortly will be Issued by President Wilson, Secretary Daniels made tills announcement tonight. The Invitation will be In the form of a proclamation “CURFEW SHALL NOT RING TONIGHT’’ 'V f*c>wVpRY ■ '2> - IN NEW YORK SULZER AND GLYNN STUBBORNLY REFUSE TO YIELD POSITIONS Governorship Tangle in New York No Nearer So lution BOTH MEN SIGN OFFICIAL PAPERS Sulzer Replies to Glynn’s Refusal to Submit Controversy to Court De ploring Situation — Armed Truce Over Sunday Albany, N. Y., August 1(*.—An armed truce ovef Sunday Is the present situa tion in the fight for the governorship of New York stale. Both Governor Sul* zer and Lieutenant Governor Glynn, as acting governor, signed official papers during the day. Apart from this the only skirmish was the issuing by Gover nor Sulzer of a reply to Mr. Glynn’s declination of the suggestion that their differences be taken at once to court. Governor Sulzer deplores this declination, pointing out that it probably will lead to “trouble and litigation.” The purposes of the suggestion, he stated, was “to avoid the spectacle of twf> persons claim ing to act as governor of this great state at the same time.” Mr. Glynn left his official fort on the third floor of the capitol early in the afternoon, hut Governor Sulzer stood by his guns on the floor below throughout the day. Governor Sulzer’s letter, which arrived after Mr. Glynn had left, emphatically denied that his communication suggesting that the controversy he taken into court contained any “suggestion that It should barter away any of the functions attach ing to ' the office of lieutenant gover nor, but simply that we seek a termina tion of what your and my rights and duties are at the present juncture.” The letter continued: Statement Inaccurate “Your statement that the matter is now in the highest court of tlie state—the court of impeachment—I suggest to you is very inaccurate. The court of impeach ment will not convene until September 18. The court is not* to determine who is to discharge the duties of governor pending trial of the charges presented to it, and. of course, could not, in any event, de termine that question before it convenes. “Whatever the result of the charges against me may he, it is certain that fu ture troubfSfc, and litigation will arise, growing out of your acts and mine, and it was to prevent, as far as possible, such future trouble, and to avoid the spec tacle of two persons claiming to act as governor of this great state at the same time, that T made the suggestion that counsel for you and for myself endeavor to agree upon some method of present ing the question, as to who shall act as governor until the decision and deter mination of the charges against me in th> courts at the earliest possible moment, and that we abide by the law as it should be determined by the courts, noi by counsel, and 1 regret that my efforts In that behalf are not to have your co operation.” \ Mrs. Srlzer Better Mrs. Sulzer, who is suffering from a nervous breakdown, spent a quiet after noon and was reported as resting more comfortably tonight. Her temr % .lure was given as 102*.a and her pulse at •) . Lynn J. Arnold, publisher of the Albany Knickerbocker Press, and one ot the gov ‘ Continued on Pave Ten) Mississippi Investigating Committee Taking Rest Have Probed Almost Every State Institution in Mississippi in Over a Month’s Continuous Work—Results of Hearings Not Given Out . Jackson. Miss., August 10. —The Missis sippi legislative investigating committee, which has been charged with* the duty of probing almost every state institution and I some officials began a week's rest today after a month and a half of continuous work. No newspaper representatives have been allowed to attend the hearings and only unconfirmed reports have been made on the happenings. The committee is still in the midst of the insane hospital problem which prob ably will not be finished for some days. It has been decided to place evidence ob tained before a grand jury. Other state institutions slated for prob ing in an effort to ascertain if charges ••••••••••••••••••••••••••••a•••••••••••••••••••••■••! . of a general system of petit graft and embezzlement are true Include: Jackson I hospital, charity hospital, deaf and dumb ; institute* blind institute, state board of health, state livestock sanitary board, all state officers and state departments at Jackson, except, the penitentiary, agricul tural and mechanical college, industrial institute and college, state university, Mississippi levee board, Yazoo Mississippi levee board, charity hospital, Vicksburg; charity hospital, Natchez; East Missis sippi insane hospital, Mattye Hirseo char ity hospital, Meridian; state normal col lege. Confederate soldiers’ home, state oyster commission and King’s Daughters hospital, Gulfport. In addition to this list the committee will probably be called upon to investi gate four or five judges and a few - dis trict attorneys. First Public Statement Re garding Mission of Wil son’s Envoy Mexico City. August 16.—Frederico Gamboa, the Mexican minister of for eign affairs, tonight gave out the first statement made by any Mexican official regarding liie message sent to Provis ional President Huerta by President Wilson through his personal represen tative. John Hind. Minister Gamboa said the Mexican government would give consideration to the communication presented by Hind and after fully discussing it. would make a reply. This procedure is contrar’v to the opinion held generally here the past week regarding the Mexican govern ment’s attitude, it^ being assumed in view of General Huerta’s not of Au gust 6, in which he intimated that any message the ex-governor brought would be ignored. EUGENE N, GOSS IS Lynnfield, Mass,, August 16.—Eugene N. Foss, three times elected governor of Massachusetts as a democrat, and a candidate for the presidency last year, today declared himself a republican, but remained indefinite regarding his repQrted candidacy for the republican .for re-election. Speaking on the same platform with Congressman A. P. Gardner and Col onel Everett C. Benton, avowed candi dates for the republican gubernatorial nomination. Governor Foss addressed the Essex republican club members "as fellow republicans’’ and made a plea for republican success, because, he said ‘ the state and nation need the return of the republican party to power, and republican party Is Justly entitled to success, although its leaders In the past nave been faithless to the pledges to (be party. END OF HEAT WAVE IN KANSAS IN SIGHT General Showers Over Mid dle West Relieve Record Breaking Drought i Kansas City, August 16.-—'The end of the longest, hottest and most costly drouth in the history of Kansas is in sight, according to reports received here tonight. Kain of some conse quence fell over a considerable por tion of the stale today and in many places continued tonight. Government weather forecasters said the rainfall probably Indicated that the drouth was broken. Good showers were general over Missouri and northern Oklahoma. The precipitation in Kansas ranged from light showers to one and one-half inches, the heaviest rains being in the southern part of the state. An incli of rain fell In the district between 10m poria and Kansas City and between Lawrence and Topeka the downpour measured three-quarters of an Inch. A heavy rain visited the territory around Colton an 1 good showers were reported oast from there to Leavenworth, llain waa general over the eastern part of the state tonight. First Rain in 71 Days The first rain In 71 days fell in Con cordia tonight. During the drouth tlio mercury climbed over tile 100 mark on 25 days. In many places wherd rain Tell today the drouth has been contin uous for nine weeks. A drop In tem perature was experienced at all points where rain fell. The high temperature continued in .pontons of central Kansas, where no rain fell. Abilene reported 105 degrees. Emporia 106 and Sallna, 103. X heavy rain viisted southwest Mis souri late today. At Joplin the rain was accompanied by a high wind and hail, which shattered plate glass win dows and tore down awnings in the business district. —-. .*•-■ — ... Oehinig Retains Title Chattanooga, August ll—((Special..) In the most brilliant match ever staged on the local courts, VV. G. Oehinig of Cincinnati retained Ills title this after nlon as tennis champion uf the Chatt. nooga Golf and Country club, defeating Eugene Thomasson of this city, 7-5, 6-3, 3-6, 5-7, 6-4. Whiteside and Guerry, the champions in doubles, successfully defended their title against Morrison and Mania. DANIELS PRESENTS PENNANT TO IDAHO Compliments Gunners of Crack Vessel the American Navy—Lesson on Preparedness Newport, R. T., August 16.—Secretary Daniels presented the target practice pen nant to the battleship Idaho, the crack ship of the navy, here today, and read the ship's officers and crew a lesson in preparedness. "There is never time to 'make ready’ in any truly great crisis in life." the secretary said, commending the crack gunners for their skill. "What is agrow ing navy worth to us unless manned by , men who live in a state of preparedness. "You may not know it, but it will add to your appreciation when I tell you that as a boy it was the highest ambition of Woodrow Wilson to enter the Naval academy and become an officer. If his father had not led him into other lines, the probability is that today he would be with us a captain or an admiralty officer.'* MAURY I. DIGGS IN MORE TROUBLE * - Arrested on Charge of Assault Upon Photographer—Fracas Starts Fol lowing Court Adjournment San Francisco, August 16.—As a result of the free-for-all fight yesterday between newspaper photographers and the Dlgga | Gaminetti party, Maury I. Diggs was rc ! arrested today charged with assault by A. Devinne. Frank Ramsey, a friend of Diggs, like wise arrested In the same affair Friday, was today found guilty of assault on W. H. Matthews, and will he sentenced Monday. Diggs became incensed Friday because photographers attempted to snap his wife and mother, his father and aunts, as they were leaving the federal building. There Diggs is on trial under the Mann white slave act. TRAVELS 500 MILES TO ESCAPE MEXICANS Wisconsin Party Eight Days in Flee ing From Rebellious Republic—In Exhausted State Manitowoc, Wig., August 16.—With the end of an eight day trip, 500 miles through mountains and over deserts, with a mule train, George Gary, a former Manitowoc man,-with a party, has escaped from Mex ico and is at El Paso. Gary and his party traveled night and day for eight days and reached Marfa, Tex., in an exhausted state. Gary is chief geologist for a smelting company with headquarters in New York, and was at Sierra Mojada. The revolutionists seized the rail lines of communication and cut the telegraph wires, and Gary was unable to get a dis patch through to ids company or leave the country. Fearing for their lives Gary and his as sistants left, the city at night with a mule train carrying their baggage. CONSCIENCE FORCES MAN TO SURRENDER Deserter From Marine Corps Gives Himself Up After Four Years at Large—Court Martial Nashville, August 16.—Claiming that for four yearse he had been haunted by an accusing conscience, William Cqx, one time quartermaster sergeant of the marine corps at Bramberton. Washington, he states, today surrendered to local federal officials and expects to be taken hack to he courtmartla led for desertion. Cox stated that although he has been in many parts of the world since quitting the serv ice so abruptly he has never been identi fied and has never feared detection. It was his conscience, he said, that impelled him to give himself up. Washington au thorities have been notified of Cox's ar rest. COMMITTEE WIlZ MEET TOMORROW The executive committee of the Ala bama Good Roads association will meet in the directors' room of the Chamber of Commerce tomorrow for the purpose of deciding on the time and place of holding the annual meeting of the Ala bama Good Roads association. Already invitations have been received from the cities of Gadsden, Huntsville, Mobile, Montgomery and Birmingham. This coining convention Is expected to draw together more good roads advocates than any meeting of the association that has ever been held. It is expected to Invite the'candidates for governor and lieutenant governor to appear and give their views and commit themselves on good roads legislation. President .John Craft will arrive in the city this afternoon. Quite a number of other members of the executive comintt tee, who Jive in distant cities and towns, art expected this afternoon. TODAY’S AGE-HERALD 1— O’Neal says Hobson agreed that be had right to name Clayton. Sulzer and Glynn refus i to yield. Long heat spell nearing end. Hays McDermott received money from "loan sharks." 2— Advantages of Improved highways dis cussed. ft—Birmingham firm purchases bonds. 4— Political field a unique one. 5— Old heroes refuse to indorse Hobson. Shelby county man t06 years old. Weatherly has scheme to solve dust problem. Alabama lands praised. \ir— Only seven governors ’have faced im peachment. 7r-Financial giants not so Important. 8--France observing Mexican affairs, ft—Boll weevil blessing to Alabama. 10— pari er from family renowned for golf playing. 11— Lind discharging missions with big success. 13 Tzars of the French press. 14-15-16— Sports. 17—Leaders expect to end agricultural schedule Monday. 2'°—Mary monopolized ballroom floor. 21 Unusual men among members new Danish cabinet. 22— Aviation greatly Interests German crown prince. 23— Tennessee solons to get together. 24— .rhurtsh services. 2ft—Society. 27— Yarns of the courthouse gang. 28- 29—Edittylal comment. 30—Glimpses of spots In Huntsville. 32— Common sense in the home. ?3 Dolly's dialogue?. 36— Automobile gossip. 37— New church buildings being erected. *'8—State rural school supervision. 3ft—LadV Hackvllle unable to buy Belmont jewels. 49—Our young folks. 4t —Markets. 42—Prepare book about nether regions. | 42-wv-Magazine section. *1-54—Comic supplement j - . I FOR FIGHTING BILL Congressman Given $7500 by “Loan Sharks” Says Former House Page STICKS TO STORY WHEN QUESTIONED Broker Testifies to ('Qntributing to Fund—House Lobby Committee (■rills McMichaels for Five Hours—Gives Details SATURDAY IN CONGRESS. SENATE: Resumed consideration of tariff bill. Foreign relations committee dis cussed minor phases of Mexican situation. Authorized President to appoint delegates to International Statis tical institute. Amendments to the tariff hill raising rates on fish, straw, ap ples and fruits were donated. Adjourned at 5:59 p. m. until 11 a. m. Monday. HOUSE: Not in session. Meets Tues day. Lobby investigating committee continued Its examination of I. II. McMichael. dismissed House em ploye. Washington, August 16— The House lobby Investigators centered their at tention today on the statement of F. II. McMichaels. one time chief page of the House, that Representative James McDermott of Chicago, had received nbout $7500 for efforts to defeat a bill affecting local pawnbrokers and "loan sharks." After more than five hours of hard work, the committee was not much nearer a definite conclusion about the j $7500 than it was when McMichaels made his first statement. The former chief of the House pages, reiterated today his testimony that McDermott told him he got about $7500 in the "loan shark" matter, and stuck to his story under severe cross-exami nation of James S. Easby-Smith, at torney for McDermott. The former Washington pawnbrokers who quit business when this bill became law, gave the committee no definite infor mation to connect McDermott with' any such fund or to disclose that the pawn brokers ever raised any such amount for any purpose. Abrithum Bernstein, one of the brok ers, said contributed to h fund to be used in advancing the arguments of himself and his fellows. He showed a lack of memory about many details concerning the raising of the money, r.nd was subjected to a long and sharp Are of direct examination, lu which every member of the commit tee who was present took part. Pinned down time after time, however, Bernstein denied that the brokers ever raised more than $3500 and swore it was i sed to pay attorneys to represent them before officials here and in publicity work. lie was asked to help, lie swore, by Cieorge IJ. Horning, another local pawn broker, who, according to McMtchaels, made (he arrangement with McDermott to work uguinst tin* bill. Hi* said he gave two checks to Horning amounting to about $700. He took no receipt,• did not know how the money was used, but sup posed it went to attorneys. McDermott, 1 to said, lie had known about a year. He, Horning and Ike" Heidcn heimer, another broker, interested in the bill’s defeat, lie said, called at McDer mott’s office on Capitol Hill once, but he I did not know the year, and lie wasn't sure i whether McDermott was in at ihe time '*r I who was there. He was sure, at first, he | hadn't paid uuy money to Horning in J911, I when McMichaels sAvore the deal was made, but after continued questioned [agreed he wasn't entirely certain ab.iut | the matter. Bernstein's failure to remember details [ finally became so frequent that everv I question of the inquisitor got a laugh fr- m I his colleagues, but no information fnqu the witness. Bernstein Denies Charge Bernstein denied that $3300 was raised to "defeat legislation." ! "Thirty-five hundred dollars never de feated legislation," he said. "You might defeat it with $40,000 or $50,000." i Bernstein denied he ever talked with McDermott about legislation except in a rasuul way. Bernstein couldn't fix the time wli =>n Horning first suggested to him they must do something to defeat the "loan shark bill." He said Horning. Heidenheimer and he talked about the matter freqeuntly, but he couldn't give details of comersa ; tions. "We didn't do anything rash." he ad mitted finally. Immanuel Stcinem. another ex-pawn broker, said he contributed nothing to the fund to defeat the bill, although ap (i on tinned on Page Trot Police Endeavoring to De termine Whether a Mur der Was Committed Duluth. August 16.—The police of Du* I luth today are trying to unravel the | mystery of the death yesterday of John > McAlpine, wealthy lumberman, who was found shot to death in the basement of his home in the fashionable East End district. The police arc* trying to determine whether murder was committed. The wound in the head of Mr. McAlpine about an Inch above the ear Is not such as would ordinarily be caused in suicide, declare the authorities. The lack of pow der burns indicates that the shot was not fired from a point close to the head. On the determination of the question of suicide will rest the payment of $140,000 In accident insurance policies held by him. ■ ■vJM ■ , . *