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_THE BIRMINGHAM AGE-HERALD VOLUME XXXXIV BIRMINGHAM, ALABAMA, THURSDAY, MAY (>, 1915 10 PAGES NUMBER 365 f [united states seeking to mediate J |_BETWEEN CHINA AND JAPAN, REPORT I —- -V ' SAIL CONSIDERING CHINESE SITUATION; t NIEDIATjONOFFERED J No Official Announcement Forthcoming From Tokio Concerning Progress of the Negotiations rTHE UNITER) STATES SEEKS TO ASSIST IN | MAINTAINING PEACE American Attitude Causes Protracted Cabinet Delib eration, Says Tokio Dis patch—Japanese Active 4 Vnkto, May .V-—(D:.‘lO p. m.)— Deli her B • lion* over the siluntion between «i««— par. nnd China continue, ^he Kmperor Srawlll preside tomorrow nt a cabinet Mcounell. » No official aiiuouiieenient was forth v* eoniing today enicerniug the situation. A big fleet of warships is taking on jgauppliea at Sasebo. Japanese, in the ^province of Shautung are concentrating at Tsingtau, and those in Manchuria are p'i- preparing to take refuge in the railway gU aone. ',/J The Kokumin today says It learns from an authoritative source that th<j United T States is endeavoring to mediate between Japan and China, and that this is one reason why the cabinet deliberations have been protracted. U. S. IS NOT ADVISED OF ISSUANCE OFJA PA NESE ULTIMATUM TO CHINA Believed Latest Communication Does Not Necessarily Mark Conclusion of Negotiations Between the Two Countries Tokio, May 6.— (9:45 a. m.)—The Official Gazette today publishes an im perial ordinance sanctioning the application of martial law and the military requisition law on the Kwang-Tung peninsula and the South Manchuria railroad. Washington, May 5.—Secretary Bryan said today that the United States had not been advised of the issuance of any,Japanese ultimatum to China. As the state department here Is well informed on the progress of the im portant negotiations in Peking, this led observers here to the conclusion that in all likelihood the latest Japanese note does not necessarily mark the con clusion of the negotiations. In Japanese circles it is believed tiiat this note will secure the compliance of China with the principal demands of | Japan, (hough it is by no means cer tain that there is not still left some ■ ground for compromise which would I involve Japanese concessions in mat | ters of detail, providing China rec ognizes the underlying principles of the Japanese demands, in these same quar ters, however, it is pointed out that it would b# too much to expect the Chi nes© negotiators to make a complete surrender without an attempt by Pres ident Yuan Shi Kai and his party lead ers to elicit an expression of opinion from the great powers interested in China and to secure moral support from them. Jt was suggested that this idea it iget"1 find expression in an indentical note from President Yuan to Great Britain, the United States, France and exsgn Germany, asserting that the Japanese are seeking to destroy the integrity of China and to invade the treaty rights of these nations. If the replies are un responsive and do not promise mate rial aid in resisting the Japanese pro gr a in me, It is suggested that President i uan may communicate too result of ni •• efforts to the various viceroys of the great Chinese provinces and declare that he finds it necessary to submit without the display of force The state department up to late to day had received no advices concern' ing the internal situation in China and whether any uneasiness was being f*>lt In legation quarters. At Peking are 250 American marines commander by Uieltt. Col. Dion Williams, guarding the American legation. At Tien Tain a:c the headquarters of the first and third battalions and machine gun platoon of the Fifteenth United States infantry. Peking Quiet Peking, May 6.—The Chinese capital is remarkably quiet in the face of what the Peking Gazette calls “the gravest peril in China's modern history.’ Mc%tf of the people of the city are going abfcvit their business ^ps usual apparently with no knowledge of the problem which con fronts their country. They might easily be aroused, but the government has taken every precaution to prevent anti-Japanese ■demonstrations. Only the educated classes are kept lb formed of the progress of negotiations with Japan. Among them the feeling is I intense, but 'Mlere have been no dem onstrations. althou$fc.reports have been received from southern^ -hat several ft outfnued on Page ^IC") May Take Action Peking, May 5.—There is a substantial opinion in Peking that Japan may take . action in regard to the non-acceptance of ' her demands by China without waiting upon the Issuance of an ultimatum. The third secretary of the Japanese legation today visited Tsao Tulin, the •vice minister of foreign affairs, and in to# timated that the legation might still be able to prevent hostilities. He asked whether China’s reply of May 1 to the Jbpanu**, demands Vaft final. Tsao Tulin said that he had no instructions beyond * that reply, but after the visit of the ji Japanese secretary, Tsao Tulin repaired to the winter palace, where he saw Pres ident Yuan Shi Kai. Thence he went to the Japanese legation. Reports from Tsinan, province of Shan t. tung, say Japanese troops have mounted ^ nine cannon In the suburbs of that city. The Chinese troops, obeying a general j order from Peking, did not interfere. Tsinan lies about 230 miles south of Peking. It is the junction of the rall way leading from the Shantung peninsula Ml " to Tslentsin and Peking. r | Report Ultimatum Sent f London, May 5.— (3:16 p. m.l—"A Japan ese ultimatum to China,*’ cables the To kio correspondent of the Central News,’* "grants a delay of 48 hours.*’ Neither the Japanese embassy nor the mese legation has received any infor mation of the dispatch of an ultimatum to China. The Japanese embassy received, today a cable message from Tokio giving the re ply of China to the Japanese demands. At the embassy it was said that China’s reply was considered ‘ decidedly uncon cillatory." STUDENT CENSORSHIP IS HELD INVALID University, ‘May 6.—(Special.) Any form I of censorship of university news is con trary to the constitution of the student government, according to J. Lister Hill of * Montgomery, president, and hence the recent action of the student, body in appointing a committee to object to news unsatisfactory to them as a body now becomes ineffective, says Mr, Hill. The matter of a censorship of mil * \ versity news, while considered merely a * j local matter by correstyndents here, has S been the occasion of severe criticism from newspapers over the state, who disap proved of the action of the student body. VVhile the original motion of the execu tive committee of the student govern ment requiring all correspondents to reg ister with a board of 'censorship and have their “copy" read by this board before being sent out, was overwhelmingly de feated by the vote of the students. The second motion to appoint a committee td protest to the editors of the newspapers is now also rendered ineffective. The lat ter motion was not personally objectlon ■ able to correspondents as individual stu » dents have this privilege at any time. lEYEWITNESS TELLS ! OF LATE FIGHTING | IN YPRES REGION Germans Still Use Asphyxi ating Gases, But With Less Success Than on First Occasion London, liny r*.—f 1 i p. m.)—1The British nfflcifll “eyewltnrm” In a long account of the engagement of the last few days In the Yprea region records that the Germans have ronHnned the use of asphyxiating gases, but with lesiu success than on the drat oceaalon. Despite the use of gas by the Germans, the narrative says, the French have made continual advances east of the Ypres canal, south of Pilkem, the result of which was lo remove the wedge oc cupied by the Germans in the French line, j between the canal and the Ypres-Lange ; marck road, a gain of more than 1000 yards. During these advances many Ger man prisoners were taken. While the French continued their ad vance in this section, it is asserted that the Germans attacked the British south of Neuve Chapelle and at ffill 00, in both cases using gases. In the latter attacks, however, owing to a change In the wind, the fumes were blown back toward the Germans, who are believed to have suf fered, ns no attempt to advance was made by them. Similar tactics are said to have been adopted by lhe Germans in their at tack north of Ypres last Sunday. “About 5 o'clock in the evening,” the “eyewitness" says, “a dense cloud of suffocating .vapors were launched from their trenches along the whole front held by the French right and by our left from the Ypres-Langemarck road to a consid erable distance east of St. Jullen. The fumes did not carry much beyond our front trenches, but these were to a great extent rendered untenable and a retire ment was ordered. “No sooner had this started, than the (Continued on Pace Ten-) FIGHT TO 1 THE MOFILLMCY Issues Proclamation Naming June 7 as Illiteracy Day and Urges State to Help Cause Montgomery, May 5.—(Special.) With the end in view of banishing illit eracy in the several communities of the state, Governor Henderson today Issued a proclamation designating Monday, June 7, as illiteracy day, and calling upon every literate white ninn, woman and youth in the commonwealth to consecrate himself to "this stu pendous, though surmountable, task.” Thej governor’s proclamation was is sued in connection with a stat. ment by the Alabama illiteracy commission setting forth the conditions In the state and outlining the plan of that body for the removal of illiteracy from the state. The commission's statement was prepared at a meeting in Birming ham yesterday. 'Believing that there are thousan'-ls of loyal sons and daughters of Ala bama who are bigger In their sympa thies and In their ideals of service than any monetary consideration, we invite euch to Join in a concerted state-wide crusade for the elimination of illiteracy,” said the commission in an Introduction to Its statement. Spirit of Consecration "The chief qualification for the work will be a spirit of consecration, of ap plication, of patience and of determin ation and those who succeed may ho teachers of the world, for as yet but little Is known or attempted in this broad field.” The'statement of the commission was signed by all the members, who weie iecently appointed by Governor Hen derson. These members are: William D. Jelks, chairman; William F. Fea gln, superintendent of education; James B. Ellis, Miss Mary N. Moore and Mrs. W. K. Llnscott. The statement of the commission contains figures setting forth the ac tual conditions In Alabama. The com plete number Af Illiterates 10 years of age and over Is given by county, together with the number of Illiterate males of voting age and the number of Illiterate children from 10 to 2d years of age. Following is the governor's procla mation; Governor’ll Proclamation Whereas, the people of Alabama look with pride upon her remarkable record of progress and are moved with a passion ate desire to further promote her Indus trial, Intellectual and moral elTIcienoy; snd. Whereas, the realization of tills patri otic ambition calls for the promotion of literacy and the elimination of illiteracy; and. Whereas, the intelligent effort In this direction requires: First, a knowledge of conditions; second, the organisation of the forces who ar» to perform the work; third, the unltr snd persistent efforte of the workers; Thereofcr, I, Henderson, gover nor of Alabama, In response to the wide spread sentiment among our people, ns ex pressed by the legislature of Alabama, the Alabama Illiteracy commission and the Alabama Educational association, do ' PAGE INVESTIGATES GULFLIGHT SINKING Preliminary Reports Saying Vessel Was Sunk Without Warn ing Leave Officials in Doubt as to Nationality of Submarine Jflaieh Sunk Her WwWiftM, May IW—prrUmlaary h. aorta to the state df»«rtaeet tolar aaytha the Aiaerleaa eteaaaer GalfUaht woe teraeteed without waraiu* while Opto* the Amerteau (las left offlelHle ahtol to toaaht ealy aa to the aatloaal >tV al ^he eohaaarlae which committed In the meantime Ambassador Gerard has asked the German government for such information as it may have on the sub ject The facts probably will not be available for several days, and until then no de cision will be reached by the United States government as to the nature of the rep resentations it will make. It Is thought In German quarters here that If the German government learns that one of Its submarines by mistake did attack the Gpl flight. regret will be promptly expressed for the occurrence. Officials here are Inclined to the bellsf that whatever facts are disclosed by the Another “Ripper” Murder Terrorizes New York BERNARD OAFFNEV, WHO FOUND THE BOpy ROOSEVELT TELLS Colonel Swears Barnes Tolf Him “The Riffraff Could Not Be Trusted” I IJ"- ■■ ■ ' ■ ■ "■ " ——-ia I CHARLES MURRAY Terror ran riot on the east side of New York when the murderer of chil dren In that section of the city known as ".lack the Ripper" found ,moth er victim in the person of Charles Murray, almost 5 years old. The child's body, terribly mutilated with a knife, was found by a playmate in the hallway of his home. The crime Is similar In every respect to the re cent murder or l.eonore Anna Cohn, 5 year’s old, whose body was found on the night of March 2# in the hall of her home. Syracuse, IV. Y„ May S_The plhli'i emboss rule and machine polities, ni ThrotliVft Roosct ell claims \\ IIllnn Barnes cxpoiivJ'^rd them, were relate! bf the former l*rc<i',,,ent upon the wit ness st'iiml In the ■uprVkt, ,‘our' her* tmlay. The rolnuel swore that Y*sV."f; had told him that Ibi could not be trusted to hiiuille milftlcal a ff fairs without a lender.” anil had ex pressed himself aa being lu fnror of the democrnfle anil republli’au organ Inations combining to defeat leglalu tlon providing for direct primaries. The colonel wont on the stand at the end of a day congested with testimony about public printing and public money, lie related wliat he alleged to be the substance of conversations he had with the former chairman of the republican state commlllee over a period of from 1898 until he left the White House. He told Ills story with all the force fulness at his command. In part It fol lows: “Mr. Barnes and I had many con versations on the nature of the boss and the domination of the machine. There was more than one conversation concerning tile franchise tax hill. “There were some before Pay n (lands b\ Payn), stale superintendent of insurance, was removed. They were in the spring 6f 1899 and again In the be ginning of 1900. Those conversations were upon the power of and the neces sity for the machine system of party government. Couldn't Trust Riffraff "One conversation was Just prior to the appointment of a successor to Payn. Mr. Barnes said it was neces sary that the head of the organize! on should have complete control and ho Instanced Albany county. He said the rlfTralt could not lie trusted to handle political affairs without a leader. “He said It was not necessary for Hie boss to Issue orders to executive officials and legislators hut that they found out if they did not support the organization they could not get bills through, they woud not be renomi nated. He said it win to their Interest to find out what they should do and then do it. "Mr. Barnes said: 'You know the senator does not bully. He does not have to.’ lie said it was quite sufll M it i REPEATS STORT OF rw-ftiic -- > N Mrs. Carman’s Counsel Un able to Break Down Testi mony After 3 Hours of , Cross-Examination Mineola, N. Y., May 5.-~CVIia Cole man, the negro maid, who was an Im portant witness at the first trial jf Mrs. Florence Conklin Carman, charged with slaying Mrs. Louise D. Bailey In the office of Mrs. Carman’s husband, Dr. Edwin Carman, June 30, last, oc cupied the witness stand at the sec ond trial today. The Jury disagreed in the fli^st trial last fall. The Coleman girl was under direct examination only 10 minutes but three hours were consumed by Mrs. Carman’s counsel in an unsuccessful effort to break down her story. On direct examination the maid re peated the testimony she gave at the first trial that Mrs. Carman had told her that “she had killed him,” mean ing Dr. Carman, and reiterated other details. Celia testified that Mrs. Car man came to her room the next morn ing and asked her not to say anything about the shooting. The Coleman girl was the last wit ness of the day. She will be cross examined further tomorrow when the state expects to finish its case. The local weather observer was put on the stand to testify that It was still light at 8 o’clock on the night of the murder. Mrs. May I. Black, the first of the state’s new witnesses, pre viously had testified that it was short ly before 8 o’clock and still daylight when, while sitting on her porch east of the Carman home, she heard the sound of fulling glasses and saw a man walk away from the Carman house. The district attorney said that .the man was Frank J. Farrell, who testified at the first trial and has dis appeared. The new contention of the prosecution is that the murder oc curred in daylight, while the defense claims the crime took place after dark. George Golder and Archie Post, call ers at Dr. Carman's office, testified that It was dark when the shooting oc curred. Boilermaker Killed Washington, May 6.—John F. Sirian, ft boilermaker on the gunboat Paducah, at Tunas de Za/.a, on the south coast of Cuba, was killed Monday by a fall ing hoisting gear block. His body WUI be sent to Portsmouth, Va., where his widow’, Mrs. Violet J. Sirian, lives. »••••••#••••••••••••••••••••••••••••••••••••••••••• TODAY’S AGE-HBRALD 1— U. a may mediate Japo-Chlnese situ* atlon. German claims of victory denied. Hooacvelt tells of Barnes' boss ethics. Henderson aids fight on Illiteracy. 2— Urges common sense In court pro cedure. •—Visit'of government party to be of great moment. 4-Editorial comment •—Protest against Matthews discharge Formal schedule of. look opening. First suit tiled against city for fall of wall. *, . ,. • -'4 Everyone Invited togo on excursion. _ ... 10 HAVE PRIZE COURT PASS ON THE FRYE CASE UnftGtjjStatds’ Nolo to Ger many Ref Jading Sinking of American \8kiP Is Made Public \ t W nslilnalon, liny —Hv .. Jgrrempil with Ihr German foreign of. flee, (lie ><alr department today ■■■a<le public the trill of ll» reply to Ger mnny'n note ranrernlng the claim or the United Staten for no Indemnity to the owner* of the American nhlp Wil liam I*. Kr»e. mink U.v tlir l*rln» Kllel Frlederlrh. The American communication takes note of tlie fact that Germany accepts liability for the act under the treaty of 1X2X be tween (ho United States and Prussia, hut, declines the suggestion that a German prize court pass on the legality of tho cap ture arid destruction under the declara tion of London, the standing of tile claim ants and the amount of Indemnity. Pointing out that the United Stales early In the present war announced that It would not be bound by the declaration of London because It had hot generally been ratlllcd, the note asaerta that the standing of tho claimants and the. amount of Indemnity lend themselves to diplomatic negotiation and suggests that the German embassy In Washington be authorized to deal with tho matter. "In reply to your excelteny's nolo of the 5th Instant, which the gov ernment of the United Stales under stands admits the liability of the Im perial German government for tho damages resulting from the sinking of the American nailing vessel, WIN Ham P. Frye, hy the German auxiliary cruiser. Prlnz Eltel Friedrich, on Ja i uary 28. last, I have the honor to Bay by direction of my government that while the promptness with which ti e Imperial German government haw ad mitted Its liability Is highly appreci ated my government feels that It would be Inappropriate In the circumstances of this case and would involve unneces sary delay to adopt the suggestion In your note that the legality of the capture and destruction, the standing of tie claimants, and the amount of In demnity should be submitted to a prize court. . Violation of Treaty •'Unquestionably the destruction of this vessel was a violation of the >t> ligatlons Imposed upon the imperial j German government under existing! treaty stipulations between the Unllod I Htates and Prussia and the United .States government' by virtue of Us treaty rights has presented to the im perial German government a claim u r Indemnity on-accoUnf"of resultihg dam ages suffered by American citizens. "The liability of (he Imperial U„r roan government-and the standing of the claimants as American citizens and the amount of Indemnity are all ques tions which lend themselves to diplo matic negotiations between the two governments and happily the question of liability has already been settled in that w^y, The status of the claimants and the amount of indemnity me the only questions remaining to be settled, and It is appropriate that they should be dealt with In' the same way. "The government of the United States fully understands that, as stated In your exoellency’s note, the German govern ment Is liable, under the treaty provis ion* nbove mentioned, for the damages arising from the destruction of the cargo aw well as from the destruction of the 1 vessel. But It will be observed that the 1 claim under discussion. does not ihclud« 1 damages for the deairuqtlon of the cargo, * gyj \ ■ DOUBLE SUCCESS DENIED BY ALLIES IN LATE REPORTS The Kaiser Reports Victory Over Russians in East and British Troops in Flanders GAIN FOOTING ON HILL NO. HO AFTER FIERCE STRUGGLE Russians Reported Badly Defeated—French Official Statement Says Teutons Have Been Repulsed London, 'lily ft.—(11:10 p. m.)—-Thc German olTlolnl report today claim* 1 Victoria* l*o t li over the Russian* In : western Galicia and over (hr llriti*h j I” Plunder*. Field 'lnr*linl Sir John j French, l!ritl*h commander in chief, admit* he nan compelled to readjust hi* line* In the region of Ypren, hot | flic French communication, far from i confirming a German victory In Hd» i ulum, declare* the German attack* | were repulncd mid that the German*, J Being taken on the flank l»> Frem Ik j urtlllery, MUffcred neverely, A late report from the Hritiah war of fice. also sayh that German attacks were i cpulsed, although the flcrtnaus used asphyxiating Rases and hy the lies' of these fumes did get a footing on Hill No. i”1, southeast of Ypres, which, since th» ISritlsh captured it recently, has been at tacked repeatedly. "There has been fighting all along tha rest of the western front, in ail of which the Germans claim successes. The French, however, Insist that their advance continues both along the Yh r canal, in Flanders, and in the W’oevre, where bat tles have been continuous for weeks on end." Conflicting ,Kcports Conflicting reports from the east make* it Impossible to judge of tin* position there. The Austrians and Germans to night say the liusslftna have been beaten badly In western Galicia, and have com menced to retire from tbe western Cm pathfiinw, r. ftc'ca* thf /?ns»hHi G I'ort, while admit ting that the Auatro Germans got across the Inniajec river. *" declares they were checked there. I The country around the East Frio ( frontier also 1ms been the 'cone « ties of more or less Import** ut the other end of tle j’* Eastern Galicia, the Hi* lug the A ustro-Gernw* POi ted tlefea t or ehec of that province Athens credit success©** hi 4 da net lea and f report the d .GrUUpoll pel Vr, * ciev oling V fishing flee sunk since. of life. FEDE1 OF W IN i MiilaM«'J| than State woi k ing » ami oth« l'aeturer. tiuii ado National Underwoa co&vontfoi Muutit Vet dent of Ha . I. F. Stop the dye sita “Aniline d> 111 tile United American mat KUIUflH of cole I rices w hieh t i. ■.factoring nndei fon.s make necessary t fu ture to develop ti such an extent that maiiu an w'ork umler normal condltl yrtinpeUtl-m with the world.” SEVERAL HURT IN ARKANSAS WRECK Memphis, May .VV-Tlevonil persons are reported to have been killed and others injured as the result of a derailment of St. lands, Iron Mountain and Southern passenger train No. 221), eastbound, near Grassy laike, Ark., today. A relief train with physicians and nurses left Memphis shortly after 0 o’clock for the scene. Grassy l*ake Is in an isolated section, about 20 miles from Memphis. A dispatch from Earle, Ark., where the injured were taken late tonight, stated O. W. Lamb, director for a mov ing picture company of Omaha. Neb., who was a passenger aboard the train, also was seriously hurt. ^Several other passengers received cuts and bruises. NAME COMMITTED*TO MAKE APPOINTMENTS St. Ixmis, May 5.—All 14 bishops of the . Methodist Episcopal ehurcu. south, were f present at the meeting of the board of bishops here today to plan conference appointments for the ensuing year. A committee comprising Bishops W. E. Homs, Collins Denny and .1. Atkins will arrange this year's assignments subject to revision at an optoi meeting of ths entire board. FRANK SAFFORD IS FOUND GUII/ntfc’m. New York. May S.— A verdict of was returned late tonight against f> Safford, the aged FMainffftld. >;d clerk, charged with perjury in con nection with proceedings growing put of h« $50,000 breach of promise suit p>’ Miss Rael Tnmecr against , V “ *