The Birmingham age-herald. [volume], July 11, 1914, Page 2, Image 2

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

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
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HARMON HILL HELD
Charged With Murder of
Tidwell Near Keener.
Preliminary Trial
Gadsden July 10,—(Special. 1—Hannon
Hill, charged with the murder of Wil
liam Tidwell near Keener, Was held to
await the action of the grand jury by
Probate Judge I>. H. Herzberg, before
whom the preliminary hearing was held.
Hill, however, was allowed J5000 bond,
and as he Is a well-to-do farmer, it is
expected that he will secure this bond,
and his liberty befoi-e night. It was
rumored at the couftnousd late today
that Judge J. A. Bilbro of the city court
of Gadsden would co vene a special term
of the grand jury to Investigate the Hill
(are. During the hearing, the defendant
did not take the stand, and there was
an evident purpose on the part of both
state and defense to conceal their plans
for the trial In the higher court if an
indictment follows.
It 1s regarded almost certain that the
Nashville, Chattanooga and St. Louis
will improve the Huntsville branch to ac
commodate heavy traffic, and that heavy
motive power will be Installed within
the next few years. Officials of the
lead, who were here yesterday, left last
night for Huntersville. It is not im
probable that the road will build a line
along the Tennessee river to a point
opposite Incline, near Hobh's Island,
where a ferry service may be Inaugurated
or a bridge may be built.
HOLD CHAUTUAQUA
AT SUMMER SCHOOL
New Feature Will Be Inaugurated
Sunday Afternoon at the
University
University, July 10. — (Special.)—A new
feature of the University Summer School
for Teachers will he Inaugurated Sunday
afternoon, when the first number of a
weeks chautauqua programme will be
given. The big tent in which the numer
ous entertainments will be given waf
pitched under the oaks on the campus
s yesterday, and the fact that it is so sit
uated as to be in the shade all day as
st res comfort to both audience and en
tei talners.
The chautauqua is in the nature of an
experiment here, this being the first time
that a meeting of tills kind lias evei
been hold in Tuscaloosa. However, in view
of the splendid programme that has been
at ranged, and that a large number of tick
ets have ben sold in advance, the success
of the undertaking seams assured. Tiio
bolding of the chautauqua was made pos
sible by the co-operation of the people ot
Tuscaloosa with the summer school. The
dally schedule of recitations at the sum
mer school have been ho arranged that it
•will be possible for practically every stu
dent who so desires to attend each ar
tractlon.
Sunday afternoon there will be a
■acred concert by the Neapolitan Trou
badours, assisted by Miss Halite (Jas
s&w&y, reader. In the evening Mr. Hunt
Cook, the platform manager, will de
liver a lecture, “The Chancel Window.’
Wednesday' evening a local chapter
of the National Story Tellers' league
was organized at the summer school
with 160 members. Prof. Janies 8
Thomas of the department of secon
dary education in the university wa»
elected president, and MIbh Alice Wal
ters of Brundidge was chosen secre
tary.
The purpose of the organization is
not only to promote the art of tell
Ing stories that have already been writ
ten but also to stimulate interes
among its members in folk tales aw
local stories that have never yet fount
their way into print. Professor Thomai
announces that next year's programme
for stdry tellers' week at the summe:
school will be made up entirely If pos
sible of stories of the latter kind.
NAT M. WILLS, JKJ-"
4— B IO HEADLINER S—4
T_VAUDEVILLE ACTS—T
25c SarJ»*8S’ 25c to 75<
COUNCIL DISCUSSES
’PHOHE QUESTION
Resolution Brings Matter
Up in Anniston Before
City Council
Anniston, July 30.—(Special.)—An ordi
nance Introduced by Alderman .1. W. Mal
lory, who has been Investigating the
company's franchise with the city attor
ney, to tix the rat?s of the Southern
Bfell Telephone company in Anniston the
same as they were before the recent in
crease and making it a misdemeanor to
charge more, brought the telephone rate
question again before the city council of
Anniston ’Thursday evening.
Mr. Mallory's ordinance went to its sec
ond reading by unanimous vote, and was
tl'c-n subjected to discussion by Superin
tendent Turnbull of the Southern Bell, Al
dei man Burgess, who ridiculed it, and
other members of the council, including
Mr. Mallory.
Mr. Turnbull stated that his company
regarded such an ordinance Invalid, and
had nothing to fear from litigation. He
stated, however, that it is the policy oi
the company to keep out of the courts ii
possible, and he ur-jed the council tc
deter final action on :he measure until the
company's books are audited to ascer
tain the justness of ihoir claim. He stated
that the company will pay the expense oi
i such an audit.
a. B Carrington, pres ent of the Cham
ber of Commerce, stating that Ills narrn
having been used by the company, lie fell
compelled to make his position clear, de
daring that he bell -.ed the company hac
acted fairly, and that It was In justice
to them to defer action until the correct
ness of their figures is verified or disap
picved. D. P. Hale spoke to the «am<
effect.
Mayor Wild?, President Todd and othei
members of the council present were dl
vided KM to the advisability of accepting
the company’s proposition to pay for at
audit.
to
St. Paul. July 10.—Dr. ,T. H. Francis
superintendent of schools, I.os Angeles
Cal., enlivened a listless session of th
National Educational association toda;
by a vigorous attack on the present schoo
system. He denounced the Inefficiency o
the agerage teacher and characterized a
soul wreckers "certain powerful Interest
that are blocking all forms of educations
progress."
Many leading educators criticized hi
"sensationalism," but the storms of ap
plause that Interrupted him at every ste]
indicated the general attitude of the dele
gates.
The annual convention closed tonight.
"Out- public schools of today,” said Dr
Francis, "arc namby-pamby places ti
which we go because it Is the custom ant
some of us become good citizens In spit
of them.
"Education Is to make us scholarl;
enough so that we may separate ourselve
from the common herd. Teachers whi
train a child to believe he cannot be re
spcctable unless he Is a professional mai
are a menace to society."
INSTITUTE OVER IN
LAWRENCE COUNT*
Moulton, July 10.—(Special.)—The teach
1 ers' Institute conducted for Lawrenc
! county during this week came to an en
today. It has been very successfully car
rled on by Assistant Superintendent 1
. W. Smith of Montgomery, and Miss Clutl
Blood-worth of New Decatur. J. I
Hc-Pdy of Auburn was with the tnstltut
on Thursday and spoke to the teacher
and a large number of citizens from th
surrounding community. Fifty-one teach
ers were lit attendance.
One of the most interesting and proflta
ble county Sunday school convention!
, held In the county, came to an end yestei
day. Two of the most prominent slat
workers. It. D. Webb and Miss Fred
Bose were present and assisted much 1
making the work helpful.
The long continued drouth was bloke
' Thursday in parts of the county.
IMPORTANT CHANGES
IN LEGAL PRACTICE
ARE RECOMMENDED
Anderson Submits Report of
Committee on Judicial
Administration
FAVORS WORKMAN’S
COMPENSATION ACT
Recommends Simplified Procedure in
State Courts, Reduction of Time in
Signing Bills of Exceptions in
Criminal Cases, Etc.
Montgomery, July 10.— (Special.) j
Declaring that the time for present
ing and signing bills of exception in
criminal cases should be cut down from
90 to 30 days advocating a workman’s
compensation act, simplified procedure
in the courts of the state, and recom
mending many other important changes
in legal practice, Chief Justice John C. i
Anderson of the supreme court today i
read to the State Bar association the
report on the committee cn judicial
administration and remedial procedure,
of which he Is the chairman.
Judge Anderson declared that trial
courts should, when it is practicable,
set a time for hearing and settling
pleadings before the case is placed
upon the jury docket. "It seems an ab
surdity,” he said, "to keep from 24 to
36 jurors in the courthouse at the ex
pense to the counties for hours and
sometimes days listening to lawyers
arguing and wrangling over special
pleadings.”
The chief justice of the court de
clared that It is the desire of the court
"to rid the state of many of the tech
nical obstructions which stand in the
wray of a speedy and final decision of
cases upon their merit, without invad
ing tlie legislative department; but it
cannot uproot legal principles or
change the construction of statutes re
enacted as previously construed though
the vice of same may be due to the
training of the vine in the first in
stance.”
• Judge Anderson’s Report
Judge Anderson's report, In part, was
as follows:
"We have had in mind many sugges
tions which could well be incorporated
in this report, but have omitted some
of them, thinking that they would be
treated by other committees, especially,
tlie question of uniformity in the labors
of the trial judges, which W’ill doubtless
be dealt with by the committee upon
‘distribution of work of nisi prius courts.’
Trial courts should, when practicable,
set a time for hearing and settling plead
ings before the case is placed upon the
jury docket. It seems an absurdity to
keep from 24 to 36 Jurors in the court
house, at an expense to the counties, for
hours and sometimes days, listening to
lawyers arguing and wrangling over spe
cial pleadings. This rule may not be
practical in some of the circuits where
there is a limited time to get from one
county to another, but it is practical in
the city, and law and equity courts with
lengthy terms and unlimited time, and
should be observed. It is reported that
some of the trial Judges give, as a rea
son for the nonobservance of such a rule,
the fact that they do not like to try a
case by piecemeal. It strikes your com
mittee that the pleasure or convenience
of the Judge is of less importance than
tho convenience of the public, or the draft
upon the state and county treasuries.
“We should cut down the time for
presenting and signing hills of exceptions
in criminal cases, to 30 days. As it now
is. the defendant has 90 days, and the
Judge an additional 90 days, for signing
and filing the same, and in the meantime
there may be a call of the appellate di
vision to which the case belongs—thus
causing a delay frequently of nearly a
year between the trial, and getting the
case to the appellate court.
Workman’s Compensation Act
"It is but a question of time when Ala
bama will have such a law, and the
sooner It comes the better for the em
ployer and the employe, as well as the
courts. Plaintiffs have lost many merit
orious cases because of slight contribu
tory negligence, as the comparative neg
ligence doctrine does not exist in this
state; and on the other hand, there has
been a want of uniformity in the size
of the verdicts where there was a re
covery; sometimes several thousand dol
lars being awarded for a sprained ankle,
and then, only a few hundred dollars for
a lost limb or a broken neck. A wise
workman’s compensation act can be made
to operate in the nature of an insurance,
with a fixed standard as to the amount,
and the adjustment of the claim, with
out a burden to the courts or to the
parties. As to whether such a law should
exclude the present liability act. or be
cumulative therewith, is a question for
the leglslsture; but in any event it will
be a great relief to the courts and tend
to promote an equitable adjustment of
claims for personal injuries between em
ployer and employe. The last act adopt
ed by tl»e state of New' York on this
subject seems to be a wise and complete
( one.
r "While the adoption of suclva law is a
, legislative question and pertains to a sub
. Ject upon which you have a special coin
mitte, yet the enactment of the same
i would tend to relieve the courts of many
i burdensome and tedious trials, and there
I fore affect judicial administration, and
which fact affords this committee an
excuse for alluding to same.
Simplify Procedure
"There should be such a change in our
• legal procedure as would not only enable
. trial courts to arrive at just results ex
peditiously, but would enable the appel
late court to pa ss upon the merits of the
controversy, rather than upon the action
of the trial judge, in giving or refusing
some special catch charge, or in ruling
upon a multiplicity of pleas, as required
under the present system, but which ques
tions could be eliminated without affect
ing the real merits of the controversy.
Shortening the road to right and justice
should not destroy the science of the pro
fession, os science and ability can bet
ter be utilized in trying cases upon merit
than in trapping the trial court. More
over, if there is a conflict between skill
and right the form?r should yield to
the latter. We do not think, however,
that a simplification of our system will
. destroy the law as a science, or weaken
the high standing of our lawyers. We
have been told that many of our old lawr
yers were very averae to the adoption ol
cede forms, contending lhat it would ruin
9 the profession and make the practice ot
• law a cheap trade rather than a skilled
- profession; yet who would now exchange
. the statutory action in the nature of eject
^ n.ent for the common law fiction, which,
during the past decade, had hut one ad
• vantage over the statutory form, which
i was that it enabled a plaintiff to hedge
9 against proof of adverse possession of
a another, wrhen one of his deeds was ex
- ecuted; and even this advantage has been
made unnecessary by the present code,
which preserves the conveyance even if
- there was an adverse possession.
"We should have additional forms
- covering cases and subjects not now
e provided for. with perhaps a bill of
a particulars, thus doing away with the
n necessity or practice, of a score oi
courts, informing the dejfemlant of 2u
ii grounds of complaint anebnot informing
him which one the plaiptiff expects to
/
Lands Especially Adapted to
This Industry
FINE CATTLE IS SOLD
Spendid Rains Fall Throughout Coun
ty, Being of Vast Benefit to Crops.
Law and Equity Court
in Session
Greensboro, July 10.—(Special.)—Tt is
found that the lands in this section arc
especially adapted to stock raising. Much
interest is being manifested and a num
ber of farmers in Hale county have
turned their attention to cattle, finding
their efforts along this line amply re
warded, and for the present time the won
derful returns talked of from the rais
ing of cattle overshadows the boll wee
vil, and makes farmers a little cheerful
once more. Messrs. Cobb and Derby of
Sumter county Bold several thousand dol
lars worth of their fine cattle In Greens
boro recently. Thomas E. Knight pur
chased a herd of 10 Red Poles for $1000.
Robert K. Greene bought a number of
black.Angus. W. H. Knight purchased
30 double standard Pole Durhams. A. M.
Tunstall, J. J. Christian and Winston
Withers also purchased fine stock.
Messrs. Alvin and Bernard Steinhart of
Montgomery have announced the engage
ment of their sister, Mis3 Ethel Stein
hart, of Greensboro, to Joseph Marcus
of Montgomery, the marriage to take
place in the early fall.
Fine rains have fallen in Hale county
during the past week and Greensboro has
at last enjoyed refreshing showers. Veg
etation has suffered considerably and gar
dens are a perfect wreck—worse than
have ever been known at this season.
The first pavement in Greensboro, be
sides the business block on Main street,
has been placed around the Episcopal
church property.
The handsome new residence of Mr. and
Mrs. Apsey Is completed.
The law and equity court is in session
here this week with Judge C. E. Waller
presiding.
The Methodist district conference of the
Greensboro district convenes today at
York, the Rev. E. E. Cowan presiding.
The Rev. C. A. Cornell and the Rev. J.
T. Conllette will represent Greensboro.
Commercial Meeting Postponed
The meeting of the Commercial
league, scheduled for last night, was
postponed until Tuesday evening.
prove or upon which he expects to re
cover: thereby causing the defendant to
resort to at least a dozen special pleas
to each count, to say nothing of numer
ous grounds of demurrer of the parties,
respectively, to the different counts
and pleas, followed up by 40 or 60 rep
lications or rejoinders. Then when
the case reaches the appellate court we
find from one to 760 assignments of
error as to llulings upon the evidence
and as to the giving or refusal of spe
cial charges.
“With the special charge evil re
moved, we w'ould have little or no
trouble in actions of ejectment, de
tinue and the trial of the rights of
property, and if these actions can be
properly and justly tried on one issue,
or a single count or statement by the
plaintiff, and a general denial by the
defendant, why can’t this sensible but
simple method be extended to other ac
tions?
“Our equity system of pleading and
practice is plain and simple, yet you
will find the Alabama cases upon this
subject generously cited and universal
ly followed by the text writers and the
courts. Nor can It be said that the chan
cery practice in Alabama Is a trade
instead of a science, or that the suc
cessful chancery lawyers are less
skilled than those •who practice the art
of catching their adversary upon some
special plea in an action at law or the
trial court through the peculiar word
ing of a special charge.
“On the other hand many of the
technical rulings by our courts which
have brought about criticism at home
and abroad, amd which have appeared
inconsistent, have been superinduced by
a slavery to a complicated system
which could be changed by a few sim
ple statutes, the enactment of which
must and should be brought about
through the patriotic and disinterested
effort and influence of the lawyers of
Alabama.**
TIE EMPIRE LIFE
At the Instance of the insurance depart
ment of Georgia, a rigid examination has
been recently made of the Empire Lif«
Insurance company of Atlanta. Early in
1912 this organization went from a mutual
to a stock basis, and the examiners have
carefully gone over all its transactions
since March 5, 1912. Their report shows
that the company possessed on Decembei
31 last assets amounting to $1,769,639, ex
clusive of $252,340 non-admitted items. The
major part of this latter amount is repre
sented by notes receivable on acount oi
stock subscriptions to the extent of $159.
298, which sum will be duly paid as the
notes mature. The gross assets of the
company, therefore, figure out at $2,021,
978. The examiners find that the liabili
ties amount to $1,465,495, of which $1,314.89f
represent reserves on outstanding policies
health and accident provisions and the
present value of Instalment claims, sc
that the net surplus on policyholders’ ac
count is $314,144. including the capita'
stock of $289,260. In making up the sched
ule of liabilities the examiners charged
up against the company every item con
cerning which there was any doubt, sc
that their final findings place the com
pany on a bed rock basis. Among the
items so charged is $15,765 for specia
contract dividends, being the maximun
amount of such dividends declared and
unpaid as well as accrued. While the
surplus has apparently decreased, sue!
decrease is mainly due to an increase
in reserves amounting to $363,334. The ex
aminers state in connection with this iterr
that “this Increase Is easily understood
when we consider that $223,307 in" firs
year’s premiums and $949,189 in renewa
premiums was received by the company
for the period covered, while only $87.
008 was disbursed for surrender valuej
during the same period.”
William W. Reid, president of the com
pany, is using every possible effort t<
place It on a firm foundation bo tha
the policyholders’ Interests will be thor
oughly protected. A careful reading o
the report of the examiners and an inves
tigation of the figures entering into thi
report will convince those interested ii
the maintenance of sound life insurance
principles that the Empire Life is thor
oughly solvent and capable of carryinf
out its contracts in full.—The Spectator
Raw York, May 7, 1914.-Advertisement.
We Pay /7/9* , ]
X*vWm&r. i
where / £/Af£ FOOTWfAR -r~~y I
July Shoe Clearance I
in which every member of the family has a chance I
to “shoe up” at a saving
Men’s
Steadfast
Men’s Kangaroo Button and Tan
English Oxford, <£C QC
$6.50, at . ipD.OD
Tan English Oxford, (£ A
$0.00 . *p“r» I D
Tan, Gunmetal, Patent and Vici
atxf.or.ds.15.50,.$4.45
Bostonians
Patent Leather, tan, Kangaroo and
Gunmetal, (£ J rtf'
$5.00, at . «p4*4t)
Patent, Tan and Gun- * d»Q Q(P
metal, $1.50, at . «pO«OD
Tan, Patent Leather, Vlcl and Gun
metal Oxfords, tf»Q 4fT
$1.00, at.IpO.'lD
Tan, Patent Leather, Gunmetal and
Vici Oxfords, <£9 Q{P
$3.50, at .
All men’s $3.00 (£9 A r
Oxfords.
One lot of Children's and Misses’
Red and Tan 2-strap Slippers, up to
$2.50 values—
I $1.45 and $1.95
One lot of Children’s and Mdsses’
Velvet and Suede Slippers, includ
ing a few pairs Sandals; up QfP _
to $2.50 values, at. I/DC
Ladies’
Oxfords
and Welt
Pumps
Patent. Button and Blucher Oxfords
and Welt Colonials; $5 'QC
and $4.50, at . tpO.t/O
Patent Leather and Gunmetal Welt
Pumps and Oxfords, d»Q nr
$4.00, at .
Patent Leather and Gunmetal
Welt Pumps and Ox- <1*0 Q(r
fords, $3.50, at . (PAiOU
New Arrivals in
Men’s Summer
Shoes
r
Palm Beach
Oxfords
$4.00 values for .$3.45
$3.50 values for.$2.95
All sizes
5 to 10
White Duck
$3.00 values for.$2.65
$4.00 values for .$3.45
Hose to Match All Shoes
No C. O. D.—No Phone Orders
Hosiery to match the shoes—
25c and 50c
214 pairs Toadies' Tan Pumps and
Oxfords, $4.00 and /jp
$3.50, at .. tP^.Od
223 pairs Tan Pumps and Button
and Blucher Oxfords, d»-| nr
$3 and $2.75, at.
100 pairs Velvet Pumps, d»-|
up to $3.00. at .
—
One lot of small sizes—odds and
ends; Oxfords up to qq
$4.00, at . i/OC
r M.’3S0.49c
Patent Leather ana Gunmetal
Pumps and Oxfords, /jp
$3.25, at. $4.09
Patent Leather, Gunmetal and Vici
Oxfords and Gunmetal and Patent
Welt Pumps, a fp
$3.00, at . $4.49
Patent Leather, Vici and Gunmetal
Pumps and Oxfords, button and
blucher, (yp
$2.75, at . $4.49
Vici Button and Blucher and But
ton Oxfords, (J»-| Q(?
$2.50 values, at . $X.«/9
I We Close at One O’C/ocfc Thursdays
| OFFICIAL MAP OF THE WEATHER |
Weather Forecast
Washington, July 10.—Forecast for Ala
bama: Local thundershowers Saturday
and probably Sunday.
Georgia: Partly cloudy Saturday and
Sunday, probably local thundershowers.
Tennessee: Generally fair Saturday and
Sunday.
Mississippi: Partly cloudy Saturday and
Sunday, probably local showers near the
coast.
Local Data
For the 24 hours ending at 7 p. m.
July 10, 1914:
Highest temperature . 92
Lowest temperature . 69
Mean temperature . 80
Normal temperature . 79
Deficiency In temperature since Jan
uary 1 . 136
Rainfall .00
Total rainfall since Jan. 1 .21.84
■ Deficiency In rainfall since January 1 6.02
Relative humidity (7 a. m.-7 p, m.)_85-62
Weather Conditions
Birmingham, July 10.—(7 p. m.)—L'nsct
i tied weather prevails over the eastern
portions of the cotton belt and along
the gulf coast and Florida. In these sec
tions showers and thundershowers oc
, curred today, as also In the upper Mls
i sourl valley add the middle Rocky moun
• tain states, and portions of the Ohio val
ley and eastern Tennessee.
Fair weather, with nearly clear skies,
i prevails In the central states, but the
eastern half of the country and con
siderable of the western mountain re
gion is cloudy.
Barometric centers are not active and
little change in the temperature condi
tions took place today. The warmest sec
tion on tonight’s map was the lower
Missouri valley, where, at 7 p. m., 90
degrees or higher was recorded.
In the Birmingham district our temper
atures are seasonable. About normal con
ditions prevailed today, and continued
moderate temperatures are expected Sat
urday. The weather will continue unset
tled and there is a possibility of more
showers.
Summary of observations made at
United States Weather Bureau stations
during the 24 hours ending 8 p. m., 75th
meridian time, July 19, 1914:
Temp’ture Pre
High Low cip
To- Last ita
day. N’ht.tion.
Abilene . 96 70
Apalachicola . 88 74 .50
Atlanta . 88 66 .02
Birmingham . 92 69
Boston . 66 58
Brownsville . 94 74
Buffalo ... 74 68
Burrwood. 84 80
Calgery .. 82 54
Charleston. 84 70 ..
Chicago . 82 62
Corpus Christ! . 92 76
Denver . 88 62
Des Moines . 98 70
Dodge City . 92 64
Duluth . 82 70
Durango ... 82 56
Fort Worth . 98
Galveston.. 80 78 ,68
Green Bay . 90 66
Hatteras . 82 74
Havre . 86 58
Helena . 68 56 .01
Huron . 96 66
Jacksonville . 88 72 .30
Kansas City . 94 78
Knoxville . 88 66 ..I
Louisville . 98 76 1.33
Memphis . 94 74
Miami . 86 72 .04
Mobile. 88 74
Modena . 78 52 .08
Montgomery . 90 70
Nashville. 92 68 . 4®
New Orleans . 86 76 2.3®
New York . 72 64 „
North Platte . 92 62
Oklahoma. 96 74 ,,
Palestine . 92 72
Phoenix . 104 78
Pittsburg . 88 66 .01
Portland . 86 68
Raleigh . 84 68
Rapid City . 96 62
Roseburg . 96 50
Roswell . 88 66 .04
Salt Lake City . 82 60 .13
San Antonio . 96 74
San Francisco . 60 60
Sheridan . 84 68 . 02
Shreveport. 90 72
Spokane. 88 58
St. Louis . 98 76 .J
St. Paul. 94 70 .m
Tampa. 84 76 1.08*
Toledo . 86 66
Vicksburg . 92 68 ..
Washington . 88 68 ..
Winncmucca . 90 63 It
Winnipeg . 80 64
E. C. HORTON, Local Forecaster,