The Birmingham age-herald. [volume], June 25, 1914, Page 11, Image 11

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

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Supreme Court Takes Fur
ther Steps Looking to
ly the Abolition of One
Judge Decision
Montgomery, June 24.—(Special.)— Fur
( ther steps looking to the abolition of the
one-judge decision have been taken by
the supreme court of Alabama in the
promulgation of a rule by which the
justices may each read all the records
piesented to the court. The supreme
court's latest ruling was announced to
day, and contemplates a significant re
form in the practice of that court in
the matter of deciding cases.
The rule, In brief, declares that when
► ever counsel for either side, upon the
submission of a cause to the court, fur
nishes three or more copies of ‘he record
that the justices who are to decide the
case will each read the record before an
opinion is written.
Heretofore, the justices have been m
many cases, unable to read the record
because no copies were furnished, hence
it . was necessary that the contents be
explained to them before considering and
determining upon an opinion.
“Whatever the copies are supplied as
contemplated by this rule it will operate
to relieve counsel from making such
statement of the facts as is contemplated
by the present rule.” declares the court.
# Ruling of Supreme Court
The court’s rule is as follows:
“Whenever counsel for either side,
or jointly, shall, upon the submission
of any cause to this court, furnish
three or more copies of the record,
which must be printed or in legible
carbon, the justices who are to decide
the case will each read the record, in
dependently or In consultation, and will
discuss, consider, and, when practical,
decide the case before the preparation
of an opinion. This rule will not,
however, prevent a reconsideration or
discussion of the cause in consultation
after the preparation of an opinion, or
any change in the opinion or decision
upon the last consideration.
“This rule is not intended as making
any change as to the record proper,
to be certified to this court by the
clerk or register, but is intended as a
change in the method of deciding the
cases whenever counsel shall supply
copies of the record, which must be
printed or in plain carbon, and may be
on paper corresponding in size with
ordinary briefs.
“Whenever the copies are supplied
as contemplated by this rule, it will
operate to relieve counsel from making
such statement of the facts as is con
1 teraplated by the present rule."
ROOSEVELT STRONGLY
DEFENDS PERKINS
Colonel Criticizes Attack Upon Pro
gressive Chairman—Says He and
Perkins Go Together
New York, June ^4.—Theodore RoffM
veK, who returned to America on the
Imperator tonight, vigorously defended
George W. Perkins, chairman of the*
progressive national executive committee,
whose resignation as chairman was de
manded recently by Amos Pinchot. Mr.
Plnchot had declar»?d Mr. Perkins’ af
filiation with certain big business inter
\ ests made him unfit to hold his position.
“When they read Perkins out,” said
Colonel Roosevelt, “they will have to
read me out, too.”
The colonel reiterated that he would
not be a candidate for the governorship
of New York this fall. He said his
health was all right now and that he
would speak at Pittsburg June 30.
‘1 shall not be able to speak In ths
open air or make continuous speaking
trips,” the colonel said. “However, I shall
be able to deliver a certain number of
speeches indoors.
“Mr. Perkins,” declared the colonel
In his reference to the national executive
chairman, “has been, on the wflole, the
mopt useful member or the nrogressive
party. He has striven in absolutely good
faiih for the principles of the party, both
as regards corporations and business gen
erally, and as regards the group of ques
tions dealing with the welfare of the
v&ge earner and his economic and social
advance. As for reading him out of the
party, when that is done, they will have
„ to read me out. too.”
N., C. & ST. L IS
Rumored Improvement of
Service From Gadsden
North Contemplated
_
Gadsden, June 24.—(Special.)—The fact
that the Nashville, Chattanooga and St.
Louis railroad has a corps of engineers,
making a survey for a new' line along the |
| Tennessee river from Gunter's landing to |
| Hobbs Island is taken as confirmation of
the rumor that the railroad contemplates
j building along the river bank, thus elimi
nating the transfer boat service. If this
is done, it is thought that a ferry serv
ice will be used, or a bridge may be
constructed over the Tennessee. Improve
ment of the service from Gadsden to
points north, it is said, is contemplated.
On* of the rumors has it that a through
line may eventually be operated by this
road.
Four white prisoners, with the use of
a common tablespoon, dug their way to
liberty from the city jail last night.
Three have been returned, but D. C. Pon
der is still at large.
When he attempted to draw a shotgun
toward him to shoot a rabbit, a well
known merchant named Luther of
Whiten, was shot in the breast and
killed, according to advices received here.
Opjjosition to paving is growing weaker,
and it is claimed that paving advocates
have a substantial majority to secure the
paving of Forest avenue. An effort also
is being made to pave Walnut street.
The commissioner's court passed on 900
I increased assessments, recommended by
Special Examiner O’Brien of the state
tax commission, and citations for hearing
of protests in July will be sent to prop
erty holders at once.
GOVERNOR WILL
WORK ROADS IN AUG.
Asks Probate Judges to Designate
Some Particular Stretch In Coun
ties to Be Worked
Montgomery, June 24.—(Special.)—Let
ters have been written by the governor
to the various probate judges of the state
asking that, they designate some stretch
of road in their counties to be worked
on August 13, 14 apd 15, which have
been set aside as good roads day. The
governor also requests that the probate
judges co-operate in making good roads
days this year the most successful ever
held in Alabama.
The governor will be one of the first
in Montgomery to work on the roads this
year. He announced this afternoon that
he intended to take a pick and shovel
in hand on the first day set aside for
good roads days, and to vie with others
in w'orking the public highways.
Information has been received at the
governor’s office that women will co
operate thife year in making good roads
days a success.
TWO GETPAROLES
ON CONDITIONS
Montgomery, June 24.—(Special.)—Ex
ecutive clemency was granted today to
two convicts who were serving terms in
the penitentiary. Walter Lloyd, sent up
from Lowndes county to serve 40 years
tor second’'degree murder, was paroled
conditioned on his future good conduct,
and Alex McMurphy of Monn e county,
who was serving four years for murder,
was paroled upon the same condition.
The paroles were recommended by the
state board of pardons.
Miss Trawick Addresses
Epworth League Meeting
Selma, June 24.— (Special.)—With a
few exceptions the arranged pro
gramme was carried out today at the
different sessions of the annual con
vention of the Epworth League of the
Alabama Methodist conference. It was
expected that Bishop John C. Kilgo of
North Carolina would reach Selma to
day to attend the sessions and deliver
a sermon to the delegates, but late this
afternoon President SU*out received a
message from Bishop KUgo stating it
would be impossible for him to come
to Selma. One of the most interesting
features of the programme today w'as 1
an address by Miss Ada Trawdck of
Nashville, Tenn., on the “Girls of Ep
worth.”
Boston Crew Arrives
Henley, England, June 24.—The crew' of
the Union Boat club of Boston, which
will compete in the Henley regatta, ar
rived here tonight. TJie Americans will
commence practice tomorrow.
pj-■
Swat the Heat
at Patton-Pope’s
Tinkling iced drinks and
cool breezes here a-plenty.
i Makes the temperature under
* your coat go way down. Be
sides we’re on the shady side
of the street. Lunch, drink
r and meet your friends often
at Patton-Pope’s cool corner.
w
Grape Juice for Delicious Cream—
Home Drinks Take Some Home
You ought to have a few bottles _
of delicious grape Juice for home - Our cream Is pure. Can t eat
use. Mighty good with cracked enough to hurt you. Take home
jcewhen you're thirsty. 36c and a aupply to the wWe and klddIe8
and cool ’em off. 60c quart.
Prickley Heat Wor- Enjoy a Shower
L .. . n 11 ■ „ , _ . Our shower bath sprays attach to ,
takes away the sting. 36e box any faucet A cooling luxury Just
Borated and perfumed talcum now. Treat yourself to one. I1JS
powders alleviate the heat. Alt to $4.00.
prices.
man’s For the Bath
Whitman's Candles are built for Violet Ammonial F c f
summer. Always fresh. Olrls «T .1 . e I lv
VSlSF&RvwSL “k them Very soothing:
Patton-Pope Drug Co.
i.■ 1 ■ 1 ' .
* ••• "
WANTS ALABAMA
TO ;
Commissioner of Panama
Exposition Calls On Gov
ernor Urging Building
Montgomery, June 24,—(Special.)—
W. Walton O'Hara of San Francisco,
commissioner of the Panama-Pacific
International Exposition, which will be
held in 1916, called upon the governor
today and urged that Alabama -be rep
resented at the exposition.
Commissioner O’Hara suggested that
Alabama erect a building on ' the
grounds, and told the governor that
the cost would not exceed $30,0u0.
“The southern states will obtain
more real benefits from the Panama
canal than will any other portion of
the union, and we want every south
ern state to lie represented at the ex
position. Alabama will profit from the
completion of the canal, and will profit
tenfold from whatever sum the state
invests in a suitable building at the
exposition." said Mr. O’Hara.
Mr. O'Hara says that all the states
in the union, with two exceptions, will
be represented, and that he hopes to
be able to announce shortly that all
the states will participate.
Bessemer News
Bessemer, June 24.—(Special.)—A verdict
for $10,000 was returned In the case of
Kosa Antonio vs. Dr. W. H. Coleman this
afternoon. The case was tried in the j
Bessemer city court.
Rosa Antonio, who is a small child, was
suing, witli her mother, for $20,000 for per
sonal injuries received by beinfc struck by
the automobile of the negro doctor. Evi
dence introduced at the trial showed that
the accident happened on the night of J
January 29, 1914, and that the child was
struck while crossing the street.
The Bessemer Tennis association, which
was organized Tuesduy afternoon, has al
ready begun operations. Games were
played on the various courts early
Wednesday morning and afternoon.
Charles W. Nixon has been named presi
dent. while John McConnell is# secretary
and treasurer. James Fitzpatrick is the
scorer and Hendon Cockrell chairman of
activities. Tills club will be affiliated!
with the Birmingham Tennis associatioin
and other like associations in the Besse
mer and Birlmingham districts.
Officers will be elected for the next
term at the meeting of Myrtle Linton \
lodge, Knights of Pythias, tomorrow
night. After the business session refresh
ments will be served. A large crowd is
expected to attend, as invitations have
been issued to nearby lodges.
A meeting of the Civic Improvement as
sociation will be held in the pavilion in
the Bessemer city park tomorrow after
noon. Many matters of business will be
before the body and all members have
been asked to attend. Certain places in
the citiy are under observation q*nd will
be discussed at this meeting as places
which will be made beautiful.
Little business was attended to at the
meeting of the Bessemer board of educa- I
tion last night. The meeting was held in
the office of the superintendent at the
high school. Miss Carpenter of Stark
ville, Miss., who was recently elected a
teacher in the Bessemer schools, informed
the president of the board that she could
not accept the position. Miss Inez Looney
of Athens was elected to fill the vacancy.
Miss Looney comes highly recommended.
The last meeting of the season of the
Bessemer Culture club will be held in the
public library at 4 o’clock Thursday aft
ernoon. This club has been In progress
since January and their meetings have
been regular and well attended. Poets,
novelists and all classes of waiters have
been studied during tho six mouths ses
sion. The fall and winter session will
convene the second Thursday In October.
The programme that has been arranged
for the meeting Thursday afternoon is
is follows: Response to roll calll, "Origi
nal Couplets"; paper, "Mark Twain and
William Dean Howells," Mrs. W. B. Rue;
discussion; "Original Poems.” Mrs. Lee
moody; reading, "Mark Twain," Mrs.
Cecil Cowan; "Sketch of William Dean
Howells,” Mrs. Carl Maeder.
English literature will be studied in
connection with fche plays of William
Shakespeare at the fall session of the club.
ARMY OFFICERS^
ASSIGNED ALABAMA
Montgomery, June 24.—(Special.)—Of
ficial notice lias been received by Adju
tant General Joseph B. Scully of the
names of the army officers who .have been
assigned by the war department as in
spector-instructors with the Alabajtta Na
tional Guard, which will be In camp at
Montgomery July 21-30. Col. William J.
Nicholson, commander of the Second
cavalry, U. S. A., will be In command
of the camp, and Capt. William S. Screws,
U. S. A., will be tils' senior instructing
officer.
The following officers have been as
signed to duty at the July encampment
of the Alabama militia: First lieutenant.
Sheldon W. Andlng, First battalion, First
Infantry; first lieutenant, Carroll B.
Hodges, Second battalion, First Infantry;
first lieutenant. Allen W. Culllon, Third
battalion. First infantry; first lieutenant.
Fay W. Brabson, First battalion, Second
Infantry; first lieutenant, Edwin Butcher,
Second battalion, Second Infantry; first
lieutenant, A. Elllcott Brown, Third bat
talion, Second Infantry; first lieutenant,
Berjamln F. McClellan, First battalion,
Fourth infantry; first lieutenant, Thomas
L. Crystal, Second battalion, Fourth In
fantry, and second lieutenant, James A.
Merritt, Third battalion, Fourth infantry.
glynnbegTnsIiis
TOUR OF CONTINENT
Chicago, June 24 —Gov. Martin H. Glynn
of New York, and William Randolph
Mearst, publisher, arrived in Chicago to
lay on the same train, but both denied
there was political significance In their
trip and said their traveling together
was an accident.
Governor Glynn said he was beginning
i tour of the continent for the purpose
)f absorbing new Ideas on civic progress.
WOULD PROHIBIT
TIPS TO WAITERS
Washington, June 14.—Tips to walt
srs and porters on trains and steam
boats In Interstate commerce would be
irohlblted by a bill today by Senator
Works. At the same time It would make
t unlawful for an employer to pay
tuch low wages that tips were neees
lary for the proper compensation of
:he employe.
Tomazro Slightly Hurt
Sam Tomasro was slightly injured last
bight about 11 o’olock when ho fell
through a gate of an inbound Avondale
air at Thirty-first street and Avenue F.
Me was removed to Bt. Vincent's hos
pital In Shaw's ambulance.
r ■'
REPORT PUTS CITY
OF ZACATECAS IN
HANDSOF REBELS
Last Federal Stronghold
Taken, Say Rebel Ad
vices—Casualties Are
Not Mentioned
El Paso, Tex., June 24.—Zacatecas, an
Important city of central Mexico, fell
into the hands of the constitutionalists
at sundown yesterday, according; to an
announcement tonight by General Villa’s
officials here. Two of Villa’s generals
were wound edN
The constitutionalists were heavy losers
according to an official dispatch. No
mention is made of the federal killed
hut it was said many prisoners were
captured with much arms and ammuni
tion.
It was believed Villa’s lack of effec
tive artillery ammunition had made it
necessary to rush the federal positions
with Infantry, taking the city by a sud
den attack which, according to official
reports, resulted in the capture of a
large portion of the garrison and its mu
nitions.
Up to a late hour only one official and
no press messages had arrived from the
front.
The border city of Juarez Immediately
plunged itself into a celebration. The
telegram describing the victory was re
ceived by Colonel Ornelas, tile Juarez
commander, and by I,azaro de la Garza,
Villa’s agent here. It was signed by
Gen. Orestes Pereyra, commander at Tor
reon, and read:
"I have the honor to communicate to
you that yesterday at <5 p. m. the im
portant city of Zacatecas was captured
by the forces of the division of the
north. We took many prisoners and cap
tured a large quantity of ammunition
and arms. There was a large loss on
our wide.
”Gen. Trinidad Rodriguez was seriously
wounded and Gen. Maclovio Herrara was
slightly wounded."
TERMS FOR SOLVING
MEXICAN SITUATION
REACHED; PROTOCOL
SIGNED BY MEDIATORS
(Continued from Pace One)
^oiNPhtteiTdurln^^
in Mexico.
GW—The provisional government will
regot late for the constitution or inter
national commissions for the settlement
the claims of foreigners on account
of damages sustained during the period
of civil war as a consequence of military
acts or the acta of national authorities.
At tide 3—The three mediating govern
ments agree on their part to recognize
the provisional government organized as
provided by section 1 of this protocoL
‘Protocol No. 3" referred to was signed
two weeks ago, and set forth merely that
a. provisional government to be consti
tuted later as provided shall be recog
nized on a certain date, to be agreed on
subsequently, and from that time for
ward shall exercise governmental powers
until the inauguration of a constitutional
president.
At the opening of the conference to
night a forniaJ statement, the same that
was shown to President Wilson by In.
Naon last Friday was read and incorpo
rated in the minutes:
"The internal question of Mexico con
stitutes an essential difficulty in the way
of the full solution of the conflict pend
ing with the United States of America.
We so understood when we extended to
all the parties interested the tender of
cur good offices toward the peaceful set
tlement of this conflict.
"Unfortunately circumstances we re
spect did not permit the constitutionalist
party, notwithstanding its acceptance in
principle of our tenders, to participate in
the conferences of the mediation under
the conditions which we considered as
indispensable if they were to be conduct
ed in that atmosphere of cordiality and
confidence which would facilitate the so
lution sought. Notwithstanding this we,
the mediators, understand that it iy our
duty to remove ail obstacles which might
stand In the way of attainment of the
purposes which prompted the tender of
our good offices, and the study we have
made of all the circumstances connected
with the conflict has shown us that its
settlement is dependent at th3 present
moment on the solution of the internal
question between the contending parties,
and that it Is the latter to whom peculiar
ly belong the right and the authority to
solve it. It is for this reason that we
have thought It our duty to invite as
we have both the representatives of the
constitutionalist party and the govern
ment General Huerla accredited to the
conferences of the mediation lo meet at
a place near that where they are being
field, In order to discuss and agree be
tween themselves on the basis of an ar
rangement whereby the political pacifi
cation of the country could be consum
mated, with the termination of the civil
war and the organization of a provisional
government to conduct the general elec
tions for the establishment by the powers
of a permanent government.
Sorrowful Situation
“In this manner, and If an unpreju
diced and compromising spirit could pre
vail at said conferences, we trust that
Mexican Patriotism will remove, by Itself
and without outside Interference*, tha
causes of the sorrowful situation In
which the country finds Itself at the
present time, re-establishing thereby the
exercises without' reservation of her na
tional sovereignty and of her material
prosperity.
“Furthermore, the mediation In which
we are engaged, it should be unnecessary
to repeat R, has not proposed Iff any
form whatsoever to lntefere In, decide or
legislate on Internal questions of Mexi
co, but seeks, as at all times It has
sought, to bring about between the con
tending parties a serene discussion of
the conflicting Interests which now di
vide them In order to procure or facili
tate an agreement between them with
the aid of our friendly counsel, without
prejudgment or partiality.”
It was decided by the mediators and
delegates to postpone consideration of the
exact date when American forces shall
he withdrawn from Vera Cruz. This, as
well as the constitution of (he new pro
vision government In Mexico, will be
protocollzed after the conferences be
tween the constitutionalists and Huerta
delegates adjourn.
While the Informal conferee* Are m
session. Ambassador Da Gama of Braxll
and possibly Minister Suares of Chile
will take a short vacation. Assurances
that the constitutionalists would be rep
resented at the Informal conferences came
direct to mediators today from Luts
Cabrera, confidential representative of
General Carransa in Washington.
PLACE WREATH ON
CLEVELAND’S GRAVE
New Tork, June 24.—A committee of the
Grover Cleveland association, of which
George F. Parker is chairman, has tor
warded a wreath to Princeton cemetery
to be placed on the grave of the lata
President today, the anniversary of his
death. A wreath has been sent annually.
The committee is composed of all the
Hying members of Cleveland's cabinet,
Mayor Mltchsl, Judge Alton B. Parker,
George Cortelyou and many others,
I
g 1
_
I
John E. Shelby Named Vice
President of Southern
District
-
Galveston, Tex., June 24.—Frank L.
Mu 1 Holland of Toledo. O., today was re
nominated for the presidency of ihe In
ternational Association of Rotary clubs.
Delegates attending the annual conven
tion of the organisation moved In a body
from Houston, the convention city, to
Galveston today, and ut a session held
here this afternoon nominations were
made. Besides Mr. Mullholland, the fol
lowing candidates were placed In nomi
nation.
For vice presidents of the eastern dis
trict, Samuel Cook, Syracuse, N. Y., and
K. J. Berlet. Philadelphia; southern dis
trict, John E. Shelby, Birmingham; cen
tral district. Frank P. Manley, Indianap
olis and Oswald Becker, Davenport. la.,
and William D. Diggers, Detroit; west
ern district. Robert H. Cornell, Hous
ton, Tex.; Pacific district, Frank C.
Riggs, Portland, Ore.; eastern division of
Canada. Frank Higgins, Victoria, B. C.;
Great Britain and Ireland, D. F. Cooke,
London; treasurer, Rufus Chapin, Chi
cago; sergeant at arms. James Conlon,
Pittsburg.
Invitations for the next convention were
received from San Francisco, Cincinnati,
Birmingham, Toledo. Salt Lake City,
Evansville, Ind„ and Winnipeg, Canada.
The selection of tlie next convention city
and the formal election of officers Is
scheduled for tomorrow. Rotarians to
day voted down the proposals of their
committee that the districts be changed
and the number of vice presidents in
creased.
COLONEL ROOSEVELT
BITTERLY ATTACKS
COLOMBIAN TREATY
(Continued From l’n«r One,!
precisely and exactly as President Wil
son’s administration is behaving about
Colombia.
"Tile conduct of the United States gov
ernment throughout the entire proceed
ing which resulted in the acquisition of
the canal was open and straightforward,
absolutely In accordance with the prin
ciples with the highest international mor
ality. Only by acting precisely as we!
did act could we have secured the right :
to build the Panama canal. It Is hypo
crisy to claim credit for the canal and
at the same time to attempt to discredit
the course which alone rendered the
canni possible. It would he a grave
wrong to the republic, a reflection on
the honor of this nation in the past ami
a menace to its Interests in the future,
if this treaty for the heal tod payment
Of blackmail la ratified at Washington.”
CENTRAL ALABAMA
MASONS CONVENE
Selma, June 24.—(Special.)—The first an
nual conference of the Masonic lodges of
central Alabama convened with the lodge
at Orrville this afternoon for a session
of three days. Quite a number of Masons
ffom the Selma lodges and from other
lodges throughout this section of the state
are attending the sessions of the con
vention.
The annual meeting today was called
to order by the worshipful master of
the Orrville lodge, after which Grand
lecturer Angus M. Scott of Headland
took charge of the meeting and deliv
ered an Interesting address upon dif
ferent matters pertaining to Masonic
work.
DUE TO IGNORANCE,
SAYS BLOODGOOD
Atlantic City, X. J.. June 21.—Dr. Joseph
Colt Hloodgood of Baltimore, speaking
before the section of surgery of the Amer
ican Medical association in convention
here, today declared the appalling mortal
ity In cancer chiefly is due to ignorance
and fear of opera ton.
"There are 20,000,000 school children In
this country and 1,000.000 of tnem Imvt
tuberculosis," was the statement of Dr.
Mary Hatnpham of Highlands, N. C„
in her plea for periodic examination of
young students, delivered before the sec
tion of preventive medicine and public
health.
"Generally speaking every bild in the
Cnited States, by the time it reachef
maturity, Is infected with tuberculosis.
The true prevention of tuberculosis lies
in finding out the danger In time to over*
come it."
Dr. Axd Werelius of Chicago, before
the section of surgery related some of
the feats performed on animals in ex*
perimentnl surgery of the heart and lung*
in research undertaken to test the prac
ticability or surgical interference in the
\ital organs of the human body—not only
in the case of injuries, hut in ailments
of the heart and lungs that are hopelesi
with, ordinary medical aid. I'crhap* his
most Impressive announcement was that
no injury of the heart, no matter ho*f
violent, should he considered hopeless.
Another declaration was that the re
moval of "the entire heart sac cause*
practically no disturbance and new one*
can he manufactured from tissues cov
ering the intestines.
™ 1 ====~——d
More Bargains Added for the
Big Sale of Gas
Stoves and Ranges
At Our Fire Sale Store,
2009 Second Avenue
(Between Bugger’s and Drennen’s)
Great Big Reductions
On Shopworn and Slightly Used
Gas Stoves and Ranges
These have been put in the best of condition and genuine bar
gain prices put on them. The shopworn stoves are absolutely
as good,as new—not quite as bright looking, but in perfect con- f ?
dition otherwise.
S ome Fire Damaged
Goods Still Here
Hundreds of people have profited by the ^ext-to-nothing
prices at which we are selling all Stoves, Ranges, Water Heat- *
ers and Gas and Electric Appliances that were in our recent 4
fire. A
- } f
Come See For Yourself
*
You can save money and add to the comfort and convenience Ip
of home. |||
Sale Store, 2009 Second A ve. |
B. R., L. & P. Co.
i ' *