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I THE BIRMINGHAM AGE-HERALD I : —-. . . . .... ■ .--■ I VOLUME XXXXIV O BIRMINGHAM, ALABAMA, SUNDAY, NOVEMBER 8. 1014 50 PAGES (IN FIVE PARTS) NUMBER 186 as, DRUG JSTRtANS BACK, czar’s Troops Reported Es tablished on the Warthe River After Victory Over the German Forces DING DONG FIGHTING CONTINUES IN WEST; POSITION UNCHANGED Belgians Gain Rest for the First Time Since War Began — Germans Con tinue the Offensive at Ypres London, November 7.—<l*i20 p. m.) Except for the fail! of Taingtau, the most slgnlftcnnt report from may of the buttle front* today—and the most welcome to the allies— Is that the Rus sians* beside* driving the Austrians bark In Galicia, kave reached the Warthe river In Russian Poland and have established themselves on the east Prussian frontier. A Berlin official report says some Rut sian cavalry crossed the Warthe, but were driven back. To this the Russian report adds that the town of Warta on the Warthe river in Poland has been occupied and that a German column has proceeded westward through Czenstochowa near the Silesian frontier. ^ The Russians, too. are responsible for the report that they have defeated the Germans near Mlawa, in Poland, just across the east Prussian boundary and at I-yck, in East Prusia. Military observers here say the Rus sians have followed the retiring Germans at a much faster pace than was antici pated, and that if they are in force they iui y prevent the Germans from taking up r their new positions on the Warthe and f compel them to fall back to the Silesian border. Send Troops Westward Despite all this, reports persist that the Germans are sending westward large i.timbers of their troops who have been tight.ng In Poland to oppose the allies in France and Belgium. That they would do / ties with enormous Russian forces threat s' onlng their own and richest territory, mil itary men here say seems highly Improb : Lk, unless the Germans are satisritd a omall force can prevent the Ruslsans en tering B.lcsia and East Prussia. In the west the ding-dong fichtlng con tlnues The Belgians, who hold the lines along the coast, are being given a com parative rest after their three months of almost continuous fighting. The Germans still are concentrating around Tpres, where they are trying to heck their way through the Anglo-French i troops to the coast. Both sides claim to have made progress here, the Anglo-French forces southeast of the town and the Germans southwest. Correspondents in the rear of thp armies say the fighting has not appreciably les sened and that both sides tire using a tremendous weight of artillery In an en deavor to clear the ground for an in fantry advance. Both armies are being reinforced. It seems to be realized that the Germans cannot proceed farther west because of the co-operation of the warships with i the land forces and that a route either here or farther south must be found If the Germans are to attain their ambi tion of reaching the French coast. Elsewhere along the line the usual at tacks and counter-attacks have been de livered with success first to one and then to the other side but without material change in the situation. Action Is Slow Things are moving slowly In the near east, so far as Is known here. The oniy >, news from there today concerns the bom , ’ t ardment of the ports of Zunguldlak and Kuzlu on the Asia Minor coast of Turkey by a Russian fleet and the sinking of sev eral Turkish transports. It Is said also that the Russians have occupied the en tire region northeast of Erzerum, in A.sia Minor. Russia Is said to be finding useful allies In the Armenians, who at last see a hope of freedom from Turkish rule. There is no change in the political situa tion In the Balkans, it Is suid, however, that agitation has been renewed In Rou manla for the participation of that coun try In the war on the side of the allies. The fall of Talngtau caused rejoicing here, It le believed that with the sur , render of the German fortress the Anglo Japanese fleet, which took part In the siege, will be detailed to hunt down Ger man cruisers still at large in the Pacific. Booty at Tsingtau No announcement haB been made con cerning the amount of booty the allies Obtained through the surrender of TBlng tau, but It Is helleved the Germans de stroyed everything possible before cap itulatlng. When the siege began there were in the port one German cruiser, four gunboats and three destroyers, the Aus trian cruiser Kalserln Elizabeth, five Ger man merchantmen and several prizes the Germans had taken. Of these vessels one destroyer ran ashore and was captured, and It Is believed the Austrian cruiser was blown up. It Is possible that the Germain ships met a similar fate. Great Britain is not satisfied th*t all has been told of the Pacific naval battle and continues* to hope that 'the German cruisers Leipzig and Dresden, which en gaged the Glasgow and wnlch have not been reported since the" battle, have been damaged. r f CHOWN PRIM E OF i | MiONy uomnsu * M London, November 7.—(*:45 p. m.) | Crown Prince Ucorge of Saxony { A has received a serious wound in the 4 4 leg and can take no further part 4 // 4 In the campaign, says a dispatch 4 » 4 from The Hague to the Exchange 4 J 4 Telegraph company. The prince Is 4 \ 4 at the royal castle at Dresden, the 4 ,1 4 dispatch says. 4 l ' 4 Crown Prince George of Saxony 4 \ 4 is 21 years of age and a lieutenant 4 1# 4 In the First regiment of arena- 4 IT 4 diers. He was awarded the Iron 4 4 cross September 20 for bravery on 4 1 4 the Held. 4 4 4 ... ' .r GERMANS MOUNT GUNS AT OSTEND FACING SEAWARD -- Krupp Engineers Menace England. Turks Report Action With English—German At tacks Repulsed Honolulu, November 8.—A Rumor was In circulation here tonight that the German warship Geir, which has been undergoing repairs for several weeks, has been Informed that the limit of its stay here would terminate at midnight tonight and that the vessel either must intern or leave. Two Japanese cruisers have been stationed off Honolulu for sometime on the lookout for the Gelr. Lima, Peru, November 7.—It la reported here that a .Japanese squadron cruising along the coast of Peru has captured the German cruise i-* harnhorst and Gneisenau. -- London, November 7.—(8:50 p. m.)—Engineers from rupp gun works are mounting heavy guns at the Belgian seaport o'.^o'd and facing them seaward, according to a dispatch from Rotterdar ®«>Ve Exchange Telegraph company. ^ ** London, November 7,—(11:05 p. m.)—The .ollowing official report from Turkish headquarters in Constantinople was received here tonight from Berlin by Marconi wireless: "On the eastern frontier our troops are In touch with the enemy along the entire front. “In the roads of Smyrna, three large English ships and several English and French steamers have been seized.” Paris, November ".—(10.46 p. m.)—The which they directed on Cambrian. An* French official communication issued to night says: “The activity of the Germans has been general on the whole front, but all their attacks have been repulsed, notably those i'luuicun aim l/a uranuy-eu-oanierro. “We have taken a few trenches in the region of Thiepval, at the north of Al bert, re-occupied our former trenches at the northeast of Vallly and taken at the (Contliued on Pave Bight) SUPREME COURT HAS ITS DOCKET CLEAR For First Time in 50 Years Court Will Open Reg ular Session Without Hundreds of Undecided Appeals—Over 200 Decisions Handed Down. t —i i. .i .—. ■ - i .i ■ ■ Montgomery, November 7.—(Special.)—Every appeal or proceeding pending on the dockets of the supreme court of Alabama was disposed of today when that tribunal handed down decisions in something over 200 cases. The decis ions were announced In special session, which was the third the court has held since the final adjournment for the regular term on June 30 last. The action of the supreme court in disposing of all cases pending on the docket will enable that tribunal, for the first time in about 50 years, to begin the next term of court with a perfectly clean docket. Most of the Judges of the court have labored constantly since July 1 to complete the cases on the docket. The large majority of the cases de cided by the court was of minor im portance, only a few decisions being of general interest throughout the state. Probably the most important de cision put out by the court was in the case of the county of Montgomery against the city of Montgomery, growing out of action brought by the city against the county to recover $30,000 as the city’s asserted portion of funds collected by the county au thority and directed by that authority to be devoted to improvement of pub lic roads and bridges within the county limits. The court decided the case against the county, rendering a judg ment in favor of the city. On appeal, the supreme court reversed the lower tribunal and rendered a decision against the city. Issues Involved The controversy between the city and county began early in 1912, when the board of revenue of the county trans ferred to the road and, bridge fund the sum of (85,000 collected under the gen eral levy. The city contended that it became the duty of the board of rev enue to pay to the city out of these funds one-half of the proportion of such money as was collected on prop erty located In the corporate limits of the city. The county refused to pay over this money to the city and action was brought. The court held that In the abBenoe of a looa| law requiring the county to transfer a certain portion of this money to the city that the former could not be compelled to make payment. The decision of tilt court will probably af fect a large i» mber of other oountles of the state, pattleularly those counties that have not local laws governing the disposition of suoh funds. Expense* of Staff Illegal The supreme court decided that tho governor of Alabama, was not author ized to approve expense accounts of members of his personal staff in behalf of the trip to Washington to participate in the inauguration of President Wil son. The court's decision was put out in the case of L. S. Betty against the state, which was appealed from the Montgomery city court. The action in the case was brought by Auditor Brooks Smith to recover from the de fendant the money which he received from the state in payment of his ex penses to the inaugural ceremonies. The lower court decided in favor of the state. This particular case was made a test case for the entire staff. The court affirmed (he judgment of the Birmingham city court in awarding $5133.33 tn B. B. Comer as damages for the pub lication by B. M. Starks, an official of the Louisville and Nashville railroad, of an alleged flbellouB article In Birmingham papers. The statement pubUched In the papers, which wan communicated, declared that Mr. Comer had offered to pay certain parties for repair work done on the rall icad tracks at the Avondale mills rather than the railroad company. The state ment was published prior to Mr. Comer's candidacy for the presidency of the state railroad commission in MOL The Decisions Following are the decisions put out by the supreme court; Anderson, C. J.—E. I. Howard vs. Thomas J. Brannan. appeal from Mobile circuit court; reversed and remanded. The state of Alabama vs. Mobile and Ohio Railroad company, appeal from Mo bile chancery court; affirmed. W. R. Larkin vs. Hugh A. Haralson, appeal from Bumter chancery court; af firmed. Mobile and Ohio Railroad company vs. William R. Brassed, appeal from Mont gomery circuit court; reversed and re manded. B. C. Stewart vs. Riley & Johnson, ap peal from Andalusia city court of law and equity; affirmed. J. A. May vs. J. I. Finley, appeal from Houston chancery court; affirmed. Southern Railway company vs. Flora Harrison, administratrix, appeal from Birmingham city court; affirmed. Stout’s Mountain Coal and Coke com pany vs. W. H. Tedder, appeal from Cullman circuit court; reversed and re nianded. B. Randman vs. Laura E. Mitchell, ap peal from Birmingham city court; af firmed. Nelson Kimhrel vs. Louisville and Nash ville Railroad company, appeal from Bes semer city court; affirmed. Woodward Iron company vs. W. W. Frazier, appeal from Bessemer city court; reversed and remanded. Southern Bell Telephone and Telegraph vompany vs. J. tv. Miller, appeal from Jefferson circuit court; reversed and re manded. Empire Coal company vs. Nathaniel G. Martin, appeal from Walker ciroult court; seteraed and repnanded. T. D. Maybank vs. .1, p. H. Lumpkin, appeal from Anniston city court; af firmed. W. B. Kant vs. Atlanta. Birmingham and Atlantic Railroad company, appeal from Talladega city court; affirmed. Henry Wartcn vs. Emmett Weather ford, appeal from Limestone circuit court; affirmed. Mary Cummings vs. A. McDonald, ap peal from Madison chancery court; af firmed. Southern Iron and Steel company vs. Mattie Boston. administratrix, appeal from Bessemer city court; reversed and remanded. McClellan, J.: Sellers & Orum Co. vs. J. H. Hardaway et al.. appeal from Mont gomery city court; affirmed. Burnwell Coal company vs. Russ Setzer, appeal from Walker circuit court; re versed and remanded. Robert Allen vs. Joe Scruggs ct ah, appeal from Choctaw probate court; re versed and rendered. Central Foundry company vs. W. F. /Continued on Page Nine) Austro-German Forces Reported Panic Stricken Rome. November 7.—Official communi cations received In Rome from the Rus sian army headquarters state that the Austro-German reverses In Galicia and Russian Poland are being augmented dslh- ay the ,"",*t”. communicat ing panic to their reserves. | The Austro-German cavalry forces are I depleted as being In an especially pitiful COflOlllon. atk pcitt Ui uitb tWu, .n said, was massacred by the outnumbering Cossacks, the remaindsr being routed and pursued In the utmost confusion. Austria mu] Germany had centered about 20,000 oC their beat cavalry, half of which force, tho Russians maintain, is now lost. Once the Austrian and German cavalry waa disposed of the Russians directed their efforts to the cutting of the other armies, into which the Austro-German ■ forces were divided, from their western '•ase of operations. The Russians forced hem to fhe southward, at the same time inflicting heavy losses. 'fhe Austro-German casualties are said to aggregate over 30,000 men in dead and prisoners. The Russians also claim to toavs captured m cannon. A HARD ROW TO HOE _if ALABAMA’S PROFIT FRQMCONVICTSFOR YEAR $316,583.43 Total Receipts in Present Administration $5,200,000, a Gain of $1,250,000 ANALYSIS OF HUGE SOURCE OF INCOME Net Profits Show Gain of Half Mil lion Over Previous Administra tion in Spite of Lacy Defalcation By I. S. BETTY Montgomery. November 7.—(Special.) Alabama made last year from the hire of state convicts the round sum of $316, 582.43. For the past four years, extend ing from October 1, 1910, to September SO, 1914. the state made from convict hire $1,481,300.91. an average net earning per annum of $870,325.22. The receipts of the convict department foi the past fiscal year from the. em ployment of convicts and other sources were $1,162,493.18, the largest in the his tcry of the state, and were $94.72© in ex-; cess of the receipts of the previous year.1 jTn addition to the cash receipts to the state, the department s assets In cotton and cotton goods, and in accounts duej the cotton mill and by contractors on I September 30 last, amounted to $156,583.43, making a total in receipts and assets for the fiscal year of $1,319,086.77. Disbursements for Fiscal Year The actual disbursements of the con vict department for the past fiscal year were $845,901'.75, which was paid out for j maintenance, expenses of the department, I salaries, coat bills, and for. other pur-i poses. But the disbursements Included j $3i,196.62, which was paid out for somb; Oakley lands, the Speigner dam and for! the Lacy defalcations. Deducting this | latter amount from the actual disburse ments for maintenance, the expenses of j the department are brought down to $813,-| 713.13. If this amount be deducted from! $1,319,085.77, the total In receipts and assets | it is shown that the actual net profits! and assets for 1914 were $505,872.64. The receipts of the convict department I last year from convict labor were the1 largest in Its history, being, as above slated, nearly $100,0uu in excess of the receipts of the previous year, when the, state received from the labpr- of con-' Victs $1,067,773.18. For the year 1912 the' receipts t»f the department were more than « $5000 In excess of 1913, being $1,073,296.16. The receipts for 1911 were $1,085,854.2*), the largest up to that year in the history! of the department. The total receipts, therefore, for the four year’s of the present administra tion were $1.3X9,416.72, which amount does not include the round sum of $111,892.37, which the state lost through the defal cations of The© Lacy, a former chief clerk of the department. A comparison of the receipts of the convict department for the past four years with the four years of the pre vious administration shows a considerable excess in favor of the present regime. Receipts About $5,200,000 The total receipt* of the department from September 1, I9U«. to August 81, 1810. were $3,975,768.08. which included the amount paid the state from the hire of < Ufitlwcf race II*) k All Prospects For Extra Session Are Dissipated Governor Outlines Views of 108 Members-Elect of Next Legis lature as Expressed in Letters—Only 27 Advocate Spe cial Session, and But Six Have Plans for Re lief of the Cotton Situation _„__ Montgomery, November 7.—(Special.) All prospects for an extra session of the legislature to relieve the cotton situation In the state were dissipated today by the governor of Alabama in a statement In which he outlined the views of 108 mem bers-elect of the next leg.slature relative to the enactment of laws dealing with the situation. Only 27 members of the next legislature advocated the calling of a special session to consider the cotton problem; only 31 members expressed approval of the Hank head plan for the issuance of bonds; only 31 members favored the reduction of cot ton acreage, and only four members of the next legislature favored the prohibi tion tpf cotton planting. Moreover, only six members stated to the governor that they had any plans of relief. The governor's statement was issued for the purpose of giving publicity to the views of the members-elect of the next legislature. The letters were written to him in reply to his communication sent out about, two weeks ago, in which he asked their views on the question of call ing a special session. 107 Replies “Blnce that time I have, to date, re ceived 107 replies, which were tabulated on today by the attorney general and my self," naid the governor. Hi» statement in part follows: "From these replies It appears that 27 of the members-elect of the legislature favor calling the legislature In extraordi nary session and that 48 are opposed to any extraordinary session. Thirty-two members decl.ne to express themselves either way. "1 hirty-one of the members-elect ex press themselves as favoring a bond 'ssue along the lines suggested by Senator Hankheud; 48 members-elect express them selves as opposed to any bond issue of any kind or character and 12 members docilne to express any opinion. "Thirty-one mem bers of the next legislature l’avor the re duction of acreage, while 36 are uncondi tionally opposed to any legislation of that character. "There were only four members-olect of the legislature that favored the prohlbl t.ori by legislation of the planting of cot ton in 1916 ar.d 63 expressed themselves as opposed to such prohibition. Delay Payment of Debts “Only six member, state that they have any plans of relief through legislative aid and out of these nix. five advocate the passage of lawn staying the collection of debt.. "it In evident, therefore, from these re plies that It would he useless to call th; legislature together In extraordinary ses sion. with the hope that any practical or feasible plan for relief would follow. "The letters from the legislature are on file In my office and are subject to in spection by any Interested party." ASK STATE OFFICIALS TO HELP STAMP OUT THE CATTLEDISEASES Washington, November 7.—Official* of the bureau of animal industry to day listed the co-operation of state officials In the fight to stamp out the epidemic of foot ami mouth disease which has resulted in a cattle quaran tine covering 10 states. With strict maintenance of the quarantine, immed iate destruction of all Infected herds and close inspection of all suspected centers, the bureau believes It now has the situation under control. Practically every shipment of cat tle, which passed through the Chicago stock yards during the past 60 days i' being traced by Inspectors and in fected herds are being destroyed. State officials in the states affected by the federal quarantine have Joined the federal agents In the fight to • rad icate tin. disease. Under the plans of the department state officials will es tablish local quarantines in state* now cut off from interstate shipment in order to localize the 'infected terri tory as narrowly an possible. Then both ^tate and federal officials wdll co-operate in destroying infected cat tle. Despite the w ide area affected by the federal quarantine which closed tire principal cuttle markets of the country, no immediate effect on meat price* to the consumer is looked for. A plen tiful supply of dressed meat and of oattle outside of the quantined state* (Coatfnued on Page Klght) 0 Prairie creek. Ark., November 7. Under tbe protection of United States troops an effort will be made at once to resume operations of the Bache Denman companyTm mine No. t. This statement came from reliable sources here today and it is generally believed that Franklin Bache. who has been fed eral court receiver. Is now In the east making preparations. » This mine was tbe scene of a battle July 17 between uHlon miners and tho guards and nonunion employes of the company. At tho same time the sur face workings, valued ut 1150,000, were burned. Since It has been Idle the mine has filled with water. According to some of the miners here. It would take three months to put ths property In a Workable condition. Although there are only a handfull of persons residing now at Prairie creek, scores of Inhabitants of the val ley today vlsltnl the camp here of the four troops of the Fifth cavalry. No signs of hostility to the pres ence of the troops were noticeable •Tho federal grand Jury was culled yesterday at Fort Smith to Investigate the Hartford Valley disturbances, ad journed today until November 17 to en able Judge Frank Youmans to hold the I regular mission of court at Texarkana, Ark. More than a score of witnesses have been examined but no indict ments have been voted. It was stated. It. B. Hull, special assistant to the At torney General, who has been conduct ing the Inquiry, tonight predicted that the Jury would complete Its duties soon ■fter reconvening. NO VIOLATION OF ANTITRUST LAW IS THREATENED BY COTTON LOAN PLAN Attorney General Gregory Hands Down Decision Up holding Legality of Meth ods of Securing Fund TREASURY OFFICIALS BELIEVE SUCCESS OF POOL NOW ASSURED More Than $80,000,000 Al ready Raised by Northern Banks — Practically AH the Remainder Has Been Promised Washington. November Te—No viola tion of federal antitrust laws la threat-* by the cotton loan fund plnn re cently perfected b> bankers and mens, bera of the federal renerve board, ac cording to an opinion handed down Inte today by Attorney General Greg, ory at the regneat of Preatdent Wll aon. Success of the $185,000,000 pool now Is believed by treasury officials to bo assured. More than $80,000,000 of the $100,000,000 to be raised among north ern bankers already has been sub scribed and practically all of the re mainder. it is undertood, bad been promised on condition of a favorable opinion from the Attorney General. New England financiers, it was said, were reluctant to enter the plan until definitely assured that, the method of raising the fund would not be con structed as unlawful. Attorney General Gregory's opinion was rendered after a conference with President Wilson. The treasury depart ment tonight made public the follow ing correspondence! “The White House, November 7, 1914. "My Dear Mr. Attorney General; 1 am sending the enclosed papers, submitted to me by the Secretary of the Treasury, in order to ascertain whether In your opinion the proposed cotton loan fund may be lawfully formed. I know that It is contrary to the practice •»£ vie*; department to give opinions before hand as to contemplated transactions, and I think that such opinions ought never in ordinary circumstances to be {given, but the circumstances with re gard to the handling of the great cot ton'crop which have been created by the European war are most extraordi nary and seem to Justify extraordinary action. It Is for that reason that I ven ture to ask you to depart In this case from the usual practice of your depart ment. Class by Itself "It occurs to me that the fund con templated stands In a class by Itself. It la hnrdly conceivable that such ar rangements should become settled prac tices or furnish precedents which would be followed In the regular course of business or under ordinary conditions. They are as exceptional in their nature as the circumstances they are meant to deal with and can hardly be looked upon as. by possibility even, dangerous precedents. It Is for this reason that I feel the more Justified *r» asking for your opinion In the premises. Cordially and sincerely yours, • • W OO D RO W WIJLSON. ** "November 7, 1914. "Dear Mr. President; I have the honor to reply to your request for my opin ions us to whether th»- federal an titrust laws (the so-called Sherman act. the co-called Clayton art. and the trade commission act.) would be vio lated In any respect by the carrying out of u plan which has been devised for raising and administering a fund of $135,000,00 to be lent on the security of cotton. A copy of the plan is attached hereto: "Countries which take annually about 8,000.000 tales of American cotton—more than half the crop-arc now engaged li» I war. Trade between the United Htates [and those countries in some cases vir tually has come to a complete stop, and In others has been seriously hind- red. Foreign exchange has be.-n badly demor alized. In consequence of these extraor dinary conditions. It has been impossible to obtain In the usual ways the large amount of cash required to liquidate the indebtedness Incurred in the course of raising and marketing the cotton crop. Plan Proposed "To meet this situation the plan it* question has been proposed. It contem plates the making up by a e\ndlca*e. (Continued on Page Eight) TODAY’S AGE-HERALf* 1— Russians gain foothold on Prusslaa frontier. Germans mount guns at Oatend facing seaward. Cotton fund no violation of antitrust la w. Supreme court has dear docket. 2— Early glimpse* of next legislature. 3— Simpson preside* over M. F. con ference. 4— War and peace Is close together. 6—Fe> jurprisen In state campaign. Lowrey tells of foot and mouth dis eases. Krskine Rainsav hurt by fall Frank Deedmeyer in Birmingham. 6— Work solution of south's problems. 7— Church aorvlc.es. -What canning dubs are doing for girl*, ft- Death sentence for two negroes. 1C—First barge of Pratt company launched on Warrior. 11—101 Ranch to be here 14-16—Sports. 13—Dr. Cunningham writes of air. 22— K-27—Society. 23— A corner In ancestor*. 24— Ned Brace and editorial comment. 26—Vnri.etlea ami forms of slag. 23—The book shelf 28—Black Friday on the Liverpool cot mo exchange. 30- A utom6blle gossip. 31— The theatres. 83- Roasts of Kaiser In England himiotwaa 33—Markets. 84- 41-'’Magazine section. <2-60—Comic supple mem 1