Newspaper Page Text
' ft — Annual Reunion and Barbe cue At Scottsville _ PENSION BOARD MEETS Effort Being Made to Arouse Inter est In Proposed Montgomery-Tus caloosa Highway—Jury Term of Court Is Over Centrevllle, July 8.—(Special.)—The Confederate veterans of Bibb held their annual reunion and barbecue at Scotts ville, eight miles from Centrevllle, on Tuesday and Wednesday' of this week. A large crowd attended both days and a pleasant time was had. Congressman elect George Huddleston of the Ninth congressional district delivered an ad dress to the veterans Tuesday. He spoke st length and covered many subjects. He severely criticized the present ad ministration at Montgomery for its policy in dropping the names of so many Confederate veterans from the pension rolls. His address whs well received. The county board of pension exam iners for Bibb has been in session here this week, passing upon the applica tion of Confederate veterans and the widows of Confederate veterans for pensions The board of examiners is composed of Judge A. H. .Tames of Brent and Dr. W. M. Peters of Centrevllle. _ _ t» An effort Is being made to arouse in terest in the proposed state highway between Tuscaloosa and Montgomery. The proposed route passes through Bibb. The commissioners’ court of Bibb county will convene here Monday next, at which time a decision will be reached as to whether or not a farm will be purchased for the county paupers. The Jury term of the county court of Bibb for the Centrevllle division was in session here on Monday of this week. There were some 40 cases on the docket for trial but Judge Pratt finished the call Monday afternoon and discharged the Jury. There were u num ber of pleas of guilty and convictions, several cases dismlsed, a number for feitures taken and some cases con tinued until the next term of the court. Several defendants were sentenced to hard labor for the county. SUE A., B. & A. RECEIVERS Ten People Claim $2500 Each On Ac county of Delay of Trains Ten suits for damages were filed yes terday against the receivers of the Atlan -y ta, Birmingham and Atlantic Railroad ‘ company In which each defendant claimed $2600 damages. The plaintiffs allege that they purchased tickets from Birmingham to Atlanta and that at Manchester, Ga., the train was delayed for several hours, and they were greatly inconvenienced thereby. They also allege that the defendant company failed to provide a sufficient number of cars to acommodate the pas sengers and that the defendants had to stand for sometime. The names of the plaintiffs are Luolle Bowers. Annls Seals, Minnie Matthews, Doelar .lames, Fred Smith, Queenle Petway, Ella Glaze, Mamie Smith, Bob Price, and Ernest Key. _ To Build New Road The board of revenue authorized yes terday the construction of a new road In Precinct 10, East Lake, to be known as Hewitt's road. The right of way has been secured and work will commence at an early date. In the Heart of The Office District I with a menu and service second to none in the city when price nud Goodness are con sidered. Music Noon and Evening Merchants QCn Lunch . OuC Table de llote Dinner ... ...... OUC Empire Rathskeller G. If. McLIn Mgr SCHOOLS AND COLLEGES “AUBURN” 1 ALABAMA POLYTECHNIC INSTITUTE THE OLDEST SCHOOL OF TECHNOLOGY IN THE SOUTH 0» Professors mid Instructors—£20 Students —20 Well Equipped Laboratories S SUMMER SESSION JULY 24 TO SEPTEMBER 4, 1014 ! NEXT SESSION BEGINS WEDNESDAY, SEPTEMBER 0, 1014 NEW III ILDINGS AND NEW EQUIPMENT WEPAHTMENTS | L College of Engineering and Mines—Civil, Electrical. Mechanical, Chemical and Mining Engineering, Architecture, Metallurgy, Me chanic Arte, Technical Drawing, Machine Design, etc. !!• College of Agricultural Sciences—Agriculture, Horticulture, Animal Husbandry, Botany, Entomology, Chemistry. I Department of Pharmacy (Four-Year, Three-Year, and Two-Year | Courses). gif. Academic Departments—History, English. Mathematics, Latin. Ger man, French, Physics and Astronomy, Political Economy, Psychology. | If, College of Veterinary Medicine. Expenses. Free tuition to residents of Alabama. $20.00 to non-residents. Board in Dormitory and with private families. For Catalogue and Further Information, Address CM AS. C. THACH, LL- D., President ALBURN, ALA. V ■— Ifei I • farfhlVi. 'I 'll 1" riiiK.ii Cm* .,S.,. if Wi mifin nn. ■■■ ,„2.„„^^.l On the rtauil pile at Martin achool playground See-anwn kept busy at- Martin playground—Photos by Abe H. Williams NEGOTIATIONS ONLY SERVE TO FURTHER MUDDLE CONTRO VERSY OVER RATES (Concluded from Page Plve) a lower flat rate than that named in the contract of 1888 if it had so de sired. But if the Birmingham Water works company is, as a result of the decision handed down, in accordance with Mr. Weatherly's contention, com pelled to return to the flat rate basis of charge in old Birmingham, is it fair or reasonable to ask the water com pany to voluntarily reduce its flat rates below those named In the contract be tween the city and the water company? Mr. Weatherly and the city attorneys have contended that water furnished for dwellings In old Birmingham must be charged upon a flat and not upon a meter busis. They have won their contention. The water company is now compelled to return to a flat basis. Now we are told by Mr. Weatherly that while we are compelled to return to a flat basis we don’t have to charge the rates named In the contract with the city but can voluntarily charge as much less as we please. "Under the • operation of ordyiance 97-C the consumers of water In Great er Birmingham have saved about a hundred thousand dollars a year. The water company has been able to make •his concession without undue shrink age of revenue because the contract •mbraced in ordinance 97-C put the sale of water upon a sound and cor rect economic basis. The consumer paid for what he got. Under the flat rate contract the consumer pays for water in accordance with the number of rooms in his house regardless of what lie uses. On the meter basis ho pays for what he uses. The system under which a man pays for what he uses tends to prevent waste. The elim ination of waste enables the water com pany to reduce its rates. The flat rate basis is advantagous to the wealthy and careless user of water. It is un fair to the intelligent and economic consumer. The Birmingham Water works company felt warranted in mak ing the reduction provided for in ordi nance 97-C because it put the sale of j water in Birmingham upon a meter j basis. There can be no reduction in I the contract price charged for water I in Birmingham so long as its price ; must be based upon flat rates. "The attempt of the city of Birming ham to disregard its contracts with the Birmingham Waterworks company and to fix rates to be charged for water by ordinance without the oonsent of the water company has been condemned by the United States district and cir cuit courts. Those courts have held that the city of Birmingham in 1888 made a contract for thirty years with the Birmingham Waterworks company which prescribed the rates to be charged for water; that this contract was a valid and lawful contract which the city had authority to make, and that during the period fixed by the con tract the city could not disregard the rates named in the contract and arbi trarily fix such rates as it deemed proper, without the consent of the water company. “Judge Crow has decided that the water company was giving to the people of Birmingham water of most excellent quality, that all complaints as to its service had been rectified and that the water company’s conduct had not been such as to justify the forfeiture of its franchise but that as a matter of law the water company could not charge for water furnished dwellings in old Bir mingham upon a meter basis. “Notwithstanding these decisions, the Birmingham Water company desires now to say to the people of Birmingham that it believes it to be to the interest of the people of Birmingham that all water should be furnished upon a meter basis; that It knows from experience that more than a hundred thousand dollars a year can be saved to the people of Birming ham by a contract such as that embraced in ordinance 97-C, and that it is willing to make a fair and reasonable arrange ment for the sale of water to the people of Birmingham upon a meter basis when ever tiie city administration is willing to consider such a contract. “Replying to Mr. Weatherly’s advice that consumers of water should not pay tiie bills rendered them, tiie Birmingham | Water company desires to say, these bills will be made out in accordance with the decision just handed down by the circuit court of Jefferson county, and in accord ance with the decisions of the United States district court, and of the United States circuit courts of appeals. The Birmingham Water company is rendering its bills in accordance with its written contiacts with tiie city of Birmingham, and in accordance with tiie decisions of the courts. Mr. Weatherly says we could charge less. Will he or any other re putable lawyer tell the people of Bir mingham that the charges which we are making are not in accordance with our contracts or that they are not in accord ance with the decisions of the courts, or that they are not lawful and collecti ble? “To each consumer of water in the city of Birmingham we would say we are endeavoring to furnish you water of the greatest possible purity. We are en deavoring to give you the best possible service. We are charging you in accord ance with the decisions of the state and federal courts. If the quality of our water is satisfactory, if our bills are made out in accordance with our written contracts and in accordance with the de cisions of the courts should you or not, as a matter of common honesty and com mon fairness, pay those bills? Is there any less reason why you should pay your water bills than your grocery bills? If tiie water company has charged you in accordance with its contract, are you justified in refusing to pay your bill be cause the water company could voluntar ily have made it less? If the water com pany has charged you in accordance with the contracts made by tiie city authorities and sustained by the courts, can its charges be said to be wicked, arbitrary or tyranical? Do the same principles of good morals and common honesty apply to cities which apply to individuals? If the city has made valid contracts with the water company, is it honorable or fair or decent that it should refuse to live up to them? Ts it honest or fair or decent for an official of the city to ad vise the people of Birmingham to refuse to live up to the contracts made for them by the city government? It may be good politics for a member of the city govern ment to advise 30,000 people In Birming ham to refuse to pay their bills. Would It be honest, would it be decent, would It be square for the 30,000 consumers of water to follow this advice? The Bir mingham Water company has not sought to put Mr. Weatherly or the city ad ministration in a hole. The plain truth is that Mr. Weatherly has assailed the water company's contracts and has been defeated. He has assailed its franchise and been again defeated. “Mr Weatherly now announces that notiiing will satisfy him but the annul ment of the franchise of the Birmingham Waterworks company. He is unwilling to consider any lair and amicable agree ment fixing rates to oe charged by the water company during the balance of its contract. He advises the people of Bir mingham and the city administration to pursue a policy of virtual repudiation. The Birmingham Waterworks company believes Mr. Weatherly's language to be intemperate, his position to be unwise, ids advice to be unsound. Since nothing will satisfy Mr. Weatherly except the destruction of the franchise of the Bir n Ingham Waterworks company, the water company will endeavor, in an honorable and dignified manner, to defend its con tract rights in the courts of this state; meanwhile we would say to our cus tomers that the water which will be fur 1, LATEST EQUIPMENT FOR NEWEST TRAINS L. & N. Will Reduce Time Between New Orleans and Cincinnati The most elegantly equipped and the fastest trains In the south will be pro vided lor Birmingham by the manage ment of the Louisville and Nashville when the two new limited trains are placed in service during the next few months. The Louisville and Nashville of ficials contemplate through trains from Cincinnati to New Orleans, which will not carry jany day coaches, and which will be entirely vesttbuled. An extra fare will be charged for passengers using 1 the trains that are to be placed on this fall. It is stated that the Louisville and Nashville management cannot at this time make any official statement as to the new service. However, it is learned In connection with the trains that the service will pass through here about 9 o'clock at night for New Orleans and north about 6 o’clock in the afternoon. The new trains will be the last word so far ub equipment Is concerned. They are expected to carry drawing room sleepers, a buffet club car, observation cars and a dining car. In addition the standard Pullmans will be used. The equipment will be all steel. The completion of the new double track north of Birmingham will enable the Louisville and Nashville to operate Its trains at a very much faster schedule and there will be made quick services from New Orleans to the north. It Is stated that plans are being worked out to provide trains from Cincinnati to New Orleans in less than 24 hours. The local officials of the Louisville and Nashville are awaiting information about the trains with deep interest. They are or the opinion that service will be provided which will be of the very greatest value to this community and will place the Louisville and Nashville In a position to cut deeply Into that business, which Is said to be ready for that line, supplying metropolitan service to travelers in this community. It is stated that there Is a strong possibility through the Louisville and Nashville of local men getting serv ice to New York for which they have been clamoring for sometime back. It is the opinion here that service to New York from Birmingham is at present below standard, and it is known that plans have been under consideration for some time to procure more adequate service to the east. The Louisville and Nashville through its close alliance with the Penn sylvania linos at Cincinnati would make such connections as to give the local men the same service to the metrop olis. Whether the Louisville and Nash ville has under consideration traffic ar rangements which will warrant any addi tional eastern service other than it now suplies is problematical. The announcement sometime ago that the Louisville and Nashville had plans for two additional fast trains from Cin cinnati to New Orleans created interest in local railroad circles. It is stated that other lines are watching the Louis ville and Nashville developments with eagerness, and it would not be very sur prising to have announcements made from other lines during the next few weeks of additional service for the travelers from this city and this sec tion. MILNER WRITES OF NEED FOR CHARITY (Continued from Page Five) probably not half enough in many in stances, but further Indebtedness on our part was incurred as it was. “Last year the Associated Charities spent $27,000, of which $200 is still a debt, in caring for 1600 cases, about $10 per annum per case. “To sum up: The Mulga-Palos mine disaster meant a fund of $40,000 to re lieve the necessities of 66 widows and 137 children, which relief extended over a period of about four years, or $10, 000 a year for 203 Individuals as against the Associated Charities' $17, 000 for 3448 souls. We are now ap pealing to the board of revenue for an immediate donation of $100 and an appropriation of $700 a month. “Our expenditures last month for groceries, rent, etc., direct relief to the families in our care, totaled $778.65. For the past two years the average for this purpose has ranged from $700 to $900 per month. “Believing that the continuance of this week is a public necessity we feel confident that our appeal through the board of revenue to the taxpayers of Jefferson county will not be made in vain. H. K. MILNER. “President Associated Charities. “July 8, 1914.“ Clarke Hearing Postponed F. T. Clarke, charged with fraudu lent use of the mails, was given a hearing yesterday before Judge R. B. Watts, United States commissioner, but the hear ing was continued until next Tuesday, owing to the absence of important wit nesses. The charge against Clarke grew out of certain advertisements that ap peared in local papers in reference to a collection agency. nlshed you will be pure and wholesome. We will do our best to serve you in a satisfactory manner. Our employes will be instructed to give courteous consider ation to all complaints. “The water company might be in a pretty fix with 30,000 damage suits on its hands at one time, but should such suits be brought unless they are meritorious? Should such suits be brought unless there is a righteous cause of action? Should such suits be brought unless judgment can be obtained for the plaintiffs? And while such litigation might embarrass the water company, would such a bitterly hostile demonstrati;>n on the part of this c< mmunlty toward a corporation striv ing to live up to its contracts and to obey the decrees of the courts, reflect credit on the city or be calculated to induce the investment here of idditional capital? "The wisely managed corporations of this country have learned that they must be fair, honorable and upright in their dealings with the public. Is there not a corresponding duty on the part of the public? If the water company has been guilty of such wilful disregard of its public obligations as to justiiy the an nulment of the contract of 1888 with the city of Birmingham, and tf the public welfare will benefit as the result of such action, then the quo warranto suit should be decided against he water company, and it should be strippad of its franchise. But it would appear manifest as a matter of sound morals and common honesty that a contract male in good faith be tween the city and »he water company in 1888 should not now be assailed simply be cause it is now thought that the rates named in that contract were too high or because it Is now bolLved to be desirable for the city to operate its own water plant. Purely the people of Birmingham do not favor a repudiation of their just obligations. Surely they will not favor a policy of harrassing the water company sc that it will place it* property upon the bargain counter. Surely they will nol become embittered toward the water com pany because while willing to make any reasonable rearrange n»nt of its contracts to secure a friendly settlement of the pending controversy it has the courage to defend its rights in the courts of thf •state. "THE BIRMINGHAM WATERWORKS COMPANY. "By Percy, Benners & Burr, Their At torneys." DAVE ROTH FACES REAL TEST AGAINST LOOKOUTS Should Roth Show Again to Advantage, Barons Will Have De cided Question—Mack Declares He Has Phenom In Thompson—Coombs Will Return to Slab By HKl'BIfiX A. LEWIS Big dave ruth win face an acid test in Chattanooga. The Baronial pitching hope displayed a vast umount of stuff in Memphis Sunday against the Turtles. Should he repeat in Chat tanooga, the question of his return to form should be solved, for it would be difficult for any twlrler to pitch twice within a short time at top speed with a faulty pitching arm. Roth is slated to oppose the Lookouts tomorrow, although he may be dispatched to the slab this afternoon. The Lookouts should not prove an insurmountable obstacle to Bir mingham s advance. Every pitcher on the Lookout twirling corps has been hit with consistency on late appearances. Quarders. the south paw, has been unable to pitch, while Moose McCormick, a major part of the offensive strength, is unable to play. * • * Strength was injected in the lowlj' Naps yesterday when the mighty Joseph Jackson resumed his position in the outfield. The shoeless wonder responded as usual with the ash, se curing a hit and a run. Injuries have been a great setback to Joe Birming ham's hirelings. Doc Johnston, the former Southern leaguer, Is now out of the line-up suffering from a bat tered knee, while Outfielder Graney is beset with a more severe malady. Cleveland’s first handicap, after the various players jumped to the Fed erals, was Chapman's disablement. Then the various other injuries fell among the Naps. As the result of these whacks of 111 luck, Cleveland has rested In a lowly position since the opening of the season. • • • The return of Pitcher Jack Coombs has been forecast. The Athletic pitch er, who has always proved a main stay for Connie Mack has recovered his old-time stamina and the club phy sician declares he will pitch soon. The success of Coombs means as much to Philadelphia as Ed Walsh will to the Chicago White Sox if lit* shows as much stuff as he did on his last appearance. Manager Callahan of the Chicago White Sox, stated that he was con fident that Walsh was right again. He said the big fellow has as much as he ever had. With Walsh in trim, the White Sox will prove difficult to handle. Benz, Faber. Russell, Cicotte and Walsh have a mighty formidable appearance. • • * Connie Mack believes he has un covered the phenom of the season in the American league. Shag Thomp son, a collegian from the University of North Carolina, is the touted youth. Thompson is an outfielder tend a right handed hitter. He was signed by the Athletics last year. While the young ster is still inexperienced, the crafty Philadelphia director declares that he will prove wonder. Thompson is not a large man. He weighs a few pounds over 150 pounds, but is fast and a dangerous hitter. It Is seldom that Mack raves over a recruit, but he has soared in ecstacy over Thompson, saying he has as much natural ability as any youngster he ever viewed. He is just 20 years old. THE AUSTIN CLUB DROPS TWENTY-SIX STRAIGHT GAMES San Antonio, Tex., July 8.—By losing its twenty-sixth consecutive game here today, the Austin club of the Texas league tied the record for straight games lost in professional baseball, made by Louisville of the Amer ican Association in 1889. Today's game was lost in the thirteenth inning 6 to 6. 1901 Arrests In June—$10, 211 Worth of Stolen Property Recovered Showing 10 arrests for murder the report of the polioe department for the month of June was made public last night. The report also showed that $10,211.10 worth of stolen property was recovered. The total arrests for the month, ac cording to tho report, was 1901, and the total fines collected in the record er's court amounted to $5855. As the Birmingham force now numbers about 125 men each officer made on the av- , erage 15 arrests for the month. The buying of two Ford automobiles has proved a bonanza for the police de partment as two plain clothes men can go out at night and in a few hours fill the jail with vagrants which nets the city treasury several hundred dol lars in fines the next morning. It is stated that one of the automobiles has already been paid for in that manner. A summary of the monthly police re port follows: Total arrests for recorders’ courts, 1673; delivered to county authorities, 194; fugitives from Justice, 12; deliv ered to juvenile court, 12; delivered to welfare department, 7; delivered to fed eral authorities, 2; sent to asylum at Tuscaloosa, 1; total arrests. 1901. White males, 824; white females, 101; colored males, 723; colored females, 253; total arrests, 1901. Fines and costs collected, recorder’s court No. 1, $4874; recorder’s court No. 2 (Ensley), $981; total fines and costs, $5855. Value of stolen property recovered and restored to owners, $10,211.10. International League At Toronto: Toronto 3, Montreal 2. At Rochester: Rochester 2, Buffalo 3. ; At Jersey City: Jersey City 3, Provi- j denoe 6. At Baltimore: Baltimore 0, Newark 1 I BY CORONER’S JURYs Verdict of Unlawful Homi cide Returned In Cow art Killing H or hours yesterday morning an) afternoon six business men sat In the sultry gloom of Coroner Charles L. Spain s office at the courthouse and patiently listened to the contradictory testimony of fourteen witnesses in the inquest over the remains of Georg Cowart, known as "Country,” a barber who was shot and killed last Monday afternoon at 2321 Fifth avenue, north, the residence of William M. Hall, a musician. As the last witness, a negro, finished at about 6:10 o’clock last night the jury immediately rendered the fol lowing verdict: "The State of Alabama, Jefferson coun ty. Charles L. Spain, coroner, coron er’s court. "Verdict of coroner’s jury, composed of J. H. Abercrombie, A. Reeves. W. V. M. Robertson. L. A. Whitehead. G F. Chambers, and Tony Schillici, in the inquest over the remains of Georg.* Cowart, known as ‘County,’ held at Bir mingham. Ala., July 8th. 1911. We. the jury, duly Impaneled by the coroner of Jefferson county, on. to-wit: the 8th day of July, 1914. to itiquire into the cause of the death of George Cowart, known as ‘Country,’ and having dili gently investigated said cause, taking all the testimony obtainable, we agre • that the deceased came to his death by a gunshot wound in the head, the same being an unlawful homicide at the hands of William M. Hall, and against the peace and dignity of the state of Alabama.” The inquest began at 9:30 o'clock yesterday morning and the jury was quickly sworn in and impaneled. Then all the witnesses were called in the small room and also sworn and told not to discuss the case among themselves. Then the business proper of the day began. Incidentally, the governor's sten ographer was not present nor was as sistant from the solicitors office. Coroner Spain, prompted by Detectives Goldstein and Brannom, conducted the examination of the witnesses with few interruptions from the jury. Little that was new in the case was brought out by the testimony of the witnesses. The principal points upon which they differed was why Hall and Cowart were left alone and the actions of the former after the shooting. Hall has already been transferred to the county jail and will be held there pend ing a preliminary hearing. ■■■- " --- GAMES TODAY IN LOCAL LEAGUES The baseball teams in the Commer cial and Greater Birmingham leagues will swing into action again this after noon. The games today will be the sec ond of the season for the teams in the Commercial league, while for those in the Greater Birmingham organization they will be the initial ones of the summer. Double-headers are scheduled for all of the teams in the Commercial leacu* Today'8 schedule In the Greater oir mlngham lague follows: Outlaws at Pep-to-Lac. Burke at Osceola. Postoffice at Beckham. TEXAS LEAGUE At Beaumont: Beaumont 4, Houston 2 At Dallas: Dallas «, Waco 17. At San Antonio San Antonio 2. Gal veston 5. At Kt. Worth: Ft Worth 6, Austin B. (13 Innings.) r o the Me Who Love to See Fair and Honest Sports We ask you to wait for the decision of the Chairman of the Competition Committee of the F. A. M. against the exclusive instructions of Referee Mitchell to a certain number of riders and see who really did win the Ledger Trophies of July 4th and 5th. I We are not in business to sling mud or use deceptive advertising; but we do intend to protect ourselves against unfairness. * No one has received a prize or trophy, and will not until the F. A. M. decides. But still bear in mind we had the largest percentage of perfect scores, July 4th and 5th. - W. F. Specht, Jr., Distributer Harley-David son Motorcycles 1714 Third Avenue Birmingham