The Birmingham age-herald. [volume], July 17, 1915, Image 1

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

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THE BIRMINGH AGE-HERALD
F _____ _
VOLUME XXXXV BIRMINGHAM, ALABAMA, 8* ' 17, 1915 12 PAGES NUMBER
NO QUARTER ASKED BY
GO VERNOR IN FIGHT ON
APPOINTIVE POWER
v - -
THE STRUGGLE OVER
PATRONAGE RIGHTS
WILL BE FOUGHT TO
THE BITTER FINISH
Friends of Administration
Stand Ready to Back Ex
ecutive’s Stand to Accept
No Compromise
TAX COMMISSION IS
READY TO RESIGN IF
MOVE IS NECESSARY
faction Lines on Both Sides
Drawn Sharply for Legis
lative Struggle of Un
excelled Magnitude
By HI GH W. ROBERTS
Montgomery, July 1(1.—(Speelnl.)
When Governor Henderson told
Senator* Bulger, Milner nntl Lee
that hi* Indifference regarding tlie
| plnn of the nepate to confirm hi*
appointment* mu*t not he con
| strued a* fnnfamount to hi* wil
lingne** to eompromf*e with those
endeavoring fo deprive him of the
appointive power, he wn* not
speaking Mlmply for effeet. He
meant what he *aid.
This fact was made apparent today
when in the struggle regarding the method
of dispensing patronage, highly interest
ing developments occurred. As a result,
tihe friends of the governor In both
‘branches of the legislature are standing
with their shoulders to the wall prepared
to win for the chief executive and the
constitution, or go down into irreparable
defeat. There is no hope that a compro
mise will be made. Either the governor
will name the officials, or the legislature
fill name them.
TAX COMMISSIONERS
READY TO RESIGN
In this connection it was learned this
afternoon that the members of the state
tax commission and the convict bureau,
recently appointed by the governor, ten
dered their resignation to take effect al
once provided the governor. - by th*-ir
presence as officeholders, was suffering
embarrassment, or felt under the neces
sity of sending their names to the legisla
ture for confirmation.
The governor informed these officials
that such action on their part was not
only unnecessary', but that he would not
permit them under any circumstances to
resign. It is said that about the shoul
ders of one of the men the governor put
his arm, and said:
“You may depend upon me to stand al
ways with my friends.”
When interviewed this afternoon by the
correspondent of The Age-Herald the gov
ernor neither denied nor confirmed the
foregoing. However, he did reiterate his
foimer expression in The Age-Herald to
the effect that he would not under any
circumstances compromise with the ma
jority faction respecting his appointments.
hen asked regarding the statement or
fntiipation of Speaker Carmichael that
the recess committee on finance and tax
ation had offered to permit the governor
to write the names of his appointees to
the tax commission in the bill of that com
mittee, the governor displayed amaze
ment.
. No Word From Committee
“During the entire summer,” he said. “I
had no word from that committee. As a
matter of fact, it is my understanding
I hat the members were bound by an agree
ment not to confer with me. It is there
fore unnecessary for me to add that the
committee did not suggest that 1 name
members of the tax commission, and
that their names would be written in the
bill.”
“I presume, however, that had negotia
tions been initiated, the members of the
committee would have written in their
bills names of men suggested by me pro
viding those names were the property of
men in whom the committeemen found es
pecial favor.”
And thus the fight Is on.
On the surface, both sides appear confi
dent.
Carries War Munitions
New’ York. July 16.—The manifest of
the White Star line steamship Baltic,
which sailed yesterday for Liverpool
heavily laden, was made public today.
It shows that the ship carried, in ad
dition to other cargo. 197 cases contain
ing aeroplanes and parts thereof, 154
automobiles: 6900 eases of cartridges
ajpd other war munitions.
GOVERNOR’S FAILURE
TO ACCEDE TO WISHES
OF TAX COMMITTEE
IS CRUX OF TROUBLE
—SPEAKER CARMICHAEL
Had He Submitted Appoint
ments on Tax Commission
to This Committee Solons
Would HaveBeen Satisfied
DOMINANT FACTION
HAS NO DESIRE TO
PROMOTE RUPTURE
Governor Failed to Obey
Faction’s Request and
Must Have Appointments
Confirmed, Says Speaker
By L,. S. BETTY
MontKomrry, July III.—( Special.)
Hail Governor Henderson sub
mitted his apiiolntments on the
state tax commission to the recess
committee on finance nn«l taxation
nnd had the kovernor’s appidntecs
met with the approval of the mem
bers of that commltt-ee, the new
revenue bill would have contained
a provision that the members of
the state tax commlssla compose
flic new state hoard of equaliza
tion.
Now, the governor will be allowed to
name the board of equalization, but the
board must first receive legislative ap
proval before being allowed to serve on
that body.
These facts were learned by The Age
Herald correspondent today in a brief in
terview with Speaker A. H. Carmichael,
who gave rather frank expression to his
vews regarding the reported controversy
between Governor Henderson and the
legislature on the question of appoint
ments.
Not Antagonistic to Governor
"There is no disposition on the part of
the dominant faction of the legislature to
antagonize Governor Henderson," said
[ Speaker Carmichael.
And this utterance presented the crux
of tlie situation, so far as the speaker of
the house is concerned. But the use of
the word "dominant" supplied an abund
I once of food for thought.
"The dominant faction does not desire
to take the governor’s appointive power
from him." continued Speaker Carmich
ael. “The governor was offered the op
tion of naming a tax commission that
would compose the new state board of
equalization, but he did not accede to the
wishes of the member of the finance and
taxation committee. This committee
agreed that if the governor would name
three strong men on the tax commission
men of experience and ability and thor
oughly capable of discharging the heavy
and arduous duties incumbent upon them
it would make provision in the revenue
! 1)111 w’hereby they sshould compose th**
I board of equalization. And in this re
spect the governor was offered the op
tion of appointing his friends.”
Speaker Carmichael was then asked
what would be the attitude of the com
j mittee and the legislature relative to the
appointments on the board of equaliza
| tlon. inasmuch as the revenue bill ex
[ pressly provides that tlie selection of the
| board shall be made by the legislature.
“I do not apprehend any trouble on that
score," was the reply. “That provision of
the bill, 1 think, will be amended so as t<»
allow the governor to appoint a hpard of
equalization with the approval of the leg
islature. T feel convinced that this will be
done, but the ligfslature will confirm.”
Both Houses to Confirm
"You mean that the appointments will
| be submitted to both houses of the legis
lature?" lie was asked.
“Yes. I think this will be the case. Pur
j ing the past few days there has been
11 nsklerable talk on this subject, and I
jam now of the opinion that both the
bouse and senate will be given an oppor
tunity to pass on the governor's appoint
ments."
Speaker Carmichael expressed equal as
surance that the legislature would pasa
the prison commission bill, as proposed
by the investigating committee. This bill,
as is w’ell known, provides for the consol
idation of the prison inspection, the high
way and convict departments into one
department, to he designated as the state
prison commission. Three members are
to compose the commission—a physician
(Continued on raue Nine)
1 ••••••••••••••••••••••••••••••••••••#••••••###«#•*###
STRIKE SETTLED AND 2400
* MEN GO BACK TO WORK
Street Car Strike Which Paralyzed the Rhode Island Com
pany’s System for Past Two Days is to
Be Arbitrated
providence* R. I., July 10—The strike
•f 2400 employe* of the Rhode Inland
company wan nettled late tonight.
K'rolley linen of the ntnte had been
tied up for two day a.
Providence, R. I.. July 16.—Through a
proposition that Mayor Joseph H. Gainer
Set as an arbitrator, the street car strike
which has paralyzed the Rhode Island
company's system for the past two days,
is on a fair way toward settlement.
^t is expected that the 2400.men on strike
will go hack to wfork tomorrow morn
tag
By an arrangement guggested la a com
munication from the union officials to
Mayor Gainer and immediately accepted
at a meeting of the directors of the com
pany. the union will elect one arbitrator,
the company another and the mayor will
act as the third. .
Previous to Wednes<fc.y night, when the
strike was precipitated, union and com
pany officials had been In conference for
a month over the men’s demands for In
creased wages, shorter hours, the aboli
tion of the automatic fare collector, anti
a guaranteed dally wage for spare men.
Washington, July 16.—Secretary Wilson
CCoatftaned •» Pifa
j,- --— ■■■.!
_ Its An Awful Looking L Mixing_
I ~-1
/U 600$ VOCJ/\
( 'STH4T &QSF)
SuITdII
SCORES INJURED IN
CENTRAL OHIO FLOOD
_
Hundreds of Acres of Land
Under Water and Vast
Areas Are Imperiled by
Weak Levees
Columbus. O,, July 16.—-Four dead, scores
Injured and more than $2,000,000 worth of
property damage was the toll of floods last
j night and today in central Ohio. Hun
dreds of acres of land are under water
and vast areas imperiled by weak levees
I and embankments.
In several places In Ohio the disastrous
Hood of March. 1913. was exceeded, but
tonight most of the swollen streams were
stationary and fears of further damage
was allayed. At Lima more than 200
homes were submerged. Mayor Miles
Standish issued a proclamation, stating
j that while the property damage there
I would exceed $500,000, no outside aid in re
j lief would he asked.
I in Columbus both the Scioto and Olen
I tangy rivers after flooding a large section
early in the day were rising tonight, but
the weather bureau gave assurance that
no serious damage would result here, un
less the rainfall should be excessive.
The Mound street levee, which began
leaking this afternoon and threatened to
send its great volume of pent up water to
overflow' a section which suffered in the
Hood two years ago, was being repaired
tonight.
A large portion of Kenton was sub
merged. and Forakor. near Kenton, suf
fered considerable damage. Several houses
were washed away and it is feared a num
ber lost their lives .
The Miami river rose five feet at Day
• ton, but caused no alarm. Mount Ver
non and Lancaster reported one death
each.
RUSSIAN EMBARGO
MAY BE MODIFIED
Washington. July 18.—Acceptance by the
Russian customs department of proposals
looking to modification of Russia's em
bargo on exports to the United States,
was announced today in a cablegram to
C. Medzikhovsky, commercial attache of
the Russian embassy.
Under the proposed plan, which must be
formally ratified by the Russian foreign
office, exports would be consigned to the
Secretary of Commerce of the United
States to he distributed under official
supervision to American merchants and
manufacturers upon guarantees that the
goods would not be re-exported.
The arrangement will cover exports ag
gregating millions of dollarp annually
which have been entirely cut off since the
beginning of the European war.
TODAY S AGE-HERALD
1— No quarter asked by governor in ap
pointment fight.
Thaw free for first time in several
years.
Austro-Germans making combined at
tack.
Four killed and scores hurt in flood.
2— Bill for removal of medical college in
troduced today.
3— Bankers unable to explain trend of
financial currents.
4— Editorial comment.
6—August to be busy month for con
ventions
Weatherly attacks Weakley in sensa
tional statement.
Real estate men indorse Weakley bill.
City accepts offer of women In finan
cial crisis.
6— Society.
7— Von Bernstorff does not regard situa
tion as critical.
8— Sports.
Austrian official explains why note
was sent to America.
11— Markets.
12— Bill for dividing Jefferson county re
ported favorably.
I -- ■ - 1 —— -
! Ambassador to Russia
Wants to Resign Post
MR and MR
oEOf20£
T
NAAfTtf
nr
George Thomas Marye, American am
bassador at Petrograd, has askeA the
President to accept his resignation and
appoint his successor rr soon as con
venient, so he may return to the I’nlted
States. So far as can he learned. Mr.
Marye has not assigned any pressing rea
son for tendering his resignation. About
a month ago Mrs. Marye returned from
Petrograd to her home at the capital,
where she had left her daughter. A few
days later the Marye house was closed
and Mrs. Marye, with her da lighter, left
for their home in California. .
Mmm
NEW MILITARY BILL
Provides for Military Train
ing in the County High
Schools of State
By I.. S. BETTY
Montgomery. .Inly 16.—tSpecial.l—Tn
slew of the country's unpreparedness
for war, Senator .1. T. Demon of Kulaw
will introduce and attempt to have
passed hy the Alabama legislature a
bill that will put this state well in the
fore front of other atatea of the union
along constructive and defensive lines.
The bill, which will he Introduced in
the senate tomorrow, will provide fur
military training in all the county high
arhoola of the atate. All male atudenta
over 1 4 years of age. except tlioae physi
cally incapacitated, will lie given in
struction In military tactlca, and "re
quired to drill and perfect themselves In
military art and discipline."
Provision is made in the bill for the
state high school commission to "adopt
and promulgate rules and regulations
governing the instruction required,”
and to "authorize the expenditure of not
less than linn per annum for the pur
chase of arms, arnunition and other
rupplies, for use in target practice, or
other practice, incident to the military
training herein required."
The high school commission', under
provision of the proposed act, is fur
ther authorized to accept in behalf of
the state, as a gift or as a loan, "any
obsolete a'-ms and equipment from the
United States war department," and to
lequlre tile principal ot the school re
ceiving such arms to properly care lor
and preserve same.
The high school students will be re
quired. at least during drill period, to
wear a fatigue khaki uniform, eon
(Csstlswd oa Page Nine)
FOR FIRST TIE
IN OVER 9 YEARS
—
.Judge Adopts Jury’s Ver
dict Declaring Thaw Sane.
State Appeals From
Decision
New York. July 18. Harry K. Thaw
shook off the grip of the law today, mo
tored down Broadway to the applause of
admirers, crossed the ferry to Jersey City,
hade the sheriff good-by and whirled
away toward Philadelphia, with his car
throwing dust on a procession of automo
biles filled with newspaper men under or
ders to stay with him.
He reached Newark, 10 miles away,
about 2 o'clock and stopped for luncheon.
A crowd quickly assembled in the street
outside the restaurant. They cheered
him on his exit, and Thaw, smiling his ap
preciation. resumed his trip. His an
nounced intention was to motor to Phila
delphia, about 100 miles by roadway, and
there take a train for Pittsburg.
looses Some Cars
Outside Newark. Harry lost some of th >
cars which followed him. Apparently he
had headed back for New York ns a ruse
to elude the newspaper men. This created
i some speculation, as he had previously
said he wanted to attend n theatrical per
formance on Broadway tonight and had
abandoned the idea ra flier reluctantly
when he saw the size of the crowd await
ing his departure from the courthouse.
For the first time since he fired the shot
that killed Stanford White at the Madison
Square roof garden more than nine
years ago, Thaw was free today fo go and
come as he pleased. Supreme Court Jus
tice Hendrick, who presided at the Jury
proceedings which ended Wednesday with
a verdict that Thaw was sane, announced
from the bench shortly before noon that
he had adopted the Jury's verdict. The
writ committing Thaw to Matteawan
seven years ago thereupon'automatically
became Inoperative.
The State Appeals
The state's lawyers appealed from Jus
tice Hendrick's decision and Thaw was
released in 935,000 bail pending the result
of the appeail. Under the terms of the
bond he is to hold himself amenable to
the court's orders until the appeal is
finally decided. Meantime he may go
wherever he pleases.
Thaw seemed to be delighted. He said
he was very happy and frequently stood
up In his automobile to bow to those
around him His private secretary ac
companied him.
What Thaw's attitude would be toward
Kvelyn Nesbitt Thaw was a matter of con
siderable speculation. To no quest bin.
however,• bearing on this point would he
return a direct answer. When one inter
viewer asked him if he expected to see
her soon. Thaw looked at his questioner
steadily for a few moments and turned
away without a word.
KILLS HIS WIFE AND
INJURES 3 OTHERS
Clarksburg, W. Va.. July 16.—John
J. Beverly, a coal miner, enraged be
cause his wife had left him. shot and
killed her and another woman at
Bridgeport today. Severely then
wounded two other persons and finally
shot himself when h« found he wap
about to be arrested. He died at a
Clarksburg hospital.
MIS's Martha Harris was shot
through the heart and died instantly
when she ran to protect Mrs Beverly.
Miss Florence Cox and Frank Harris
were wounded.
Dead Body Found
Ix*s Angeles, July 16.—The body of Mrs.
F. T.. Harrison, who came here from In
diapolis. was found in her home today
with blankets wrapped about the head.
The police said she had been dead a
week and that she probably had been
shot. Jewelry which neighbors said she
bad. was missing.
FRENCH RETAKE
HILL NO. 285
London, .Inly 16.—(7:45 p. m.)
The recapture by the French of
Hill No. 285 was announced today
in a statement from the French em
bassy, issued through the British
official press bureau, in refutation
of German claims of an important
victory in the forest of Argonne.
The statement says:
“Their gains at no points ex
ceeded a depth of 400 metres (440
yards). Hill No. 285, which they oc
cupied for a time, has been recap
tured by us.
BIRMINGHAM COAL
OPERATORS PROTEST
OF CONVICT SYSTEM
Necessity of Filling Orders
for Future Delivery Sole
Reason for Wanting Con
victs in Mines, They Tell
Committee
By IllCiH W. ROBERTS
Montgomery, July 16.—(Special.)
The sole reason why certain operators
of coal mines desire the continuation
of the convict lease system is the ne
cessity confronting them of filling or
ders in accordance with contracts for
future delivery.
The above was a statement made by
George R McCormack, president of the
Prat! Consolidated Coal company, to
the house committee, which is consid
ering the recommendation of the probe
committee that the convict lease s>s
tem be abolished. Mr McCormack
added that convict labor was not as
remunerative as free labor and that
the only argument In its favor was
the fact that it produced regularly and
uniformly.
The operators deeply impressed the
committee and tonight it was tin* re
port that the members might vote to
adverse the bills prepared by the re
cess committee on investigation. It is
certain that the committee is now more
thoroughly convinced than ever be
fore that the convict problem iH one
of .such serious import that It should
he solved only after constant and sys
tematlc study.
H. U Had hum. another Birmingham
operator, followed Mr. McCormack on
the stand and he urged the commit
tee that in the event it determined
to abolish the lease system to give
the operators the right to turn hack
convicts prior to the expiration of con
tractual dates, rnofflcially the com
mitteemen agreed to extend that cour
tesy.
Testimony Sensational
Mr. McCormack's testimony was in a
measure sensational, lie declared that
had the members of the committee
been aware of the actual conditions
under which convicts were working
the roads of Jefferson county they
would not have recommended that con
victs ho employed on the road. lit*
charged that the convicts who did not
escape were heavily chained; that th*w
had no doctor or preacher to attend
them; that they had no bathing facil
ities, and that they were costing the
county a largo and unnecessary sum
of money.
"The cost of a day's labor in JeflVi
son county.” he said. “Is $-’.3 1. Fn ••
labor could be employed for 61.-5 and
were the convicts elsewhere leased
they ‘would produce revenue for th.
county.
"In the event that you abolish the
lease system, do not make the eco
nomic blunder of putting the men to
work on the roads. bet the state go
into the mining business and in its own
mines and under conditions as favor
able as possible, put some of the con
victs to work Put others to making
brick. Put others on the farms. Hut
build roads with other than convict
labor. The men themselves do not-care
to work on the roads."
At this juncture someone asked Mr.
McCormack regarding a report that
recently a large number of convicts
conspired to escape from Flat Top be
cause they had heard that they would
he put to road building.
Only Hearsay Evidence
"I can only give hearsay evidence,"
he replied. "Nevertheless, that such was
true Is common gossip in Birming
ham.”
Regarding the alleged brutality
practiced In coal mines, Mr. McCor
mack declared that he know noth
ing of such.
"There Is none practiced in the
<C ontinued on I'nge Nine.)
AUSTRO-GERMANS
. mm m
I
Most Gigantic Offensive Op
erations Yet Attempted on
Eastern Front Are Now
Under M ay
WEST FRONT QUIET
AS TEUTONS ATTEMPT
TO CRUSH RUSSIANS
Both Germans and Aus
trians Claim Progress,
But Main Forres Have
Not Yet Clashed
London. July IB.—t 1f):.'U» p. tit.)
The Austro-Germ no armies, which
now appear to he working In per
fect concert iim the result of the
German organisation, are giving
the lliisslnns little rest nr ttnie to
reorganise after their retreat
from Galicia.
Simultaneously with the German
effort to reach Warsaw, the Aus
trians have attacked along the
Dniester anil have crossed that
river nt several points.
General Von Markensen’s army,
which doubtless had been waiting for
Field Marshal Von Hindenlnirg to move
In the north, also has come to life
again and fighting has been resumed
Iti southern Poland.
In fait, there is fighting of more
or less severity nil along the Rus
sian front except In central Poland,
where the Russians are in such strong
positions that in the opinion of mil
itary men It would be impossible to
break through.
Claim Further Progress
The Germans claim further progress
in their northern operations, but with
the Russians retiring It is not likely
that the main forces have clashed us
>« t The combined operations are the
most gigantic yet undertaken, the aim
being, according to military experts,
to squeeze the Russians out of War
saw and t h»» great el toe of country (
which they hold to the north, south
and east of that city, and at the same
time to attempt an invasion of Rea
sn labia.
•So long ns this effort to crush Rus
sia or to break her po,wer of offen
sive continues there Is little possi
bility, military writers say. of the Ger
mans attempting any Important move
111 *nt in the West, for it Is believed
that the Austin-Germane will for a
lonn while require nil their available
tloops in the cast. Four German army
corps, composed <>f Pomeranians and
ni-'i from Schleswig, are said to have
left Thorn to reinforce General Von
I linden burg.
The German crown prince did try to
break thtough the French lines In the
Algol"1', hut it is the opinion of mil
itary experts that his Intention was
simply t• * weaken the French hold on
Verdun. A German official statement
claims that one result of this offen
sivc was the capture of 7000 French
soldiers in three weeks, tin the other
hand, the French claim to have re
gained most of the ground they had
been foieed to give up and which they
state did not exceed loo yards in
depth. British critics describe the ef
fort of the crown prince as a costly
and partially successful advance, fol
lowed hv a eountpr offensive which
definitely checked his progress
Fighting in Lorraine
Fighting is now In progress on the
Lorrai.ii frontier and in Artois, where
the French continue their attempt to
capture Hooches.
Further progress is unofficially rt
poi ted from Athens to have been made
by the allies on the Gallipoli penin
sula In the Dardanelles campaign and
•is the dispatches were generally ahead
of the official reports this statement
is e editei in re
More important Is the news that
Roumania has declined to accede to
German'-a demand that Roumania al
low Munitions to pass through that
countrj f"» Turkey.
The entente allies announce a vic
tory iri Africa, where they captured
Ngaundei-f, an important trading cen
{('onttnueri on l*nge Sfves.)
THE WAR SITUATION
Vienna, July 16.— (Via London, 9:45 p. m.)—An official communication is
sued today reads:
"The fighting on the Dniester is continuing. Russian attempts to repulse
our troops on the north bank of the river by severe counter attacks have been
unsuccessful, and we have captured 12 officers, 1300 men and three machine
guns. When forcing a crcssing of the Dniester and on the following days the
Carinthian seventh regiment especially distinguished itself.
"Near Sokal increased activity is shown on both sides Our troops have
stormed several vantage points, among them the Dernhardiner convent near
Sokal.
"On the other fronts the situation is unchanged.
“In the Italian war theatre yesterday there was increased artillery activity
in the coast district in Carinthia. On the Dolomite frontier several Italian
battalions which attacked our positions near Ruffeddo and on the road of
Schluderbach-Pentelstein were repulsed with important losses."
Paris, July 16.— (9:30 a. m.)—A French war office statement tonight said:
"In Artois spirited artillery actions have taken place. The enemy bom
barded the village of Dully. Two civilians were killed. Our shells set fire to
the buildings of LaFolie farm on the Vimy ridge.
“On the right bank of the Aisne. to the west of Soissons, the Germans, after
having dropped four shells In the Fonetenay section, attempted yesterday
evening a surprise attack against one of our fortified works, which failad.
"In the Argonne comparative calm prevailed except in one section of tho
forest where cannonading continued without interference by the infantry.
"On the heights of the Meuse there was a violent bombardment, as there
also was at Les Eparges. in the region of the Sonvaux ravine and in the forest
of Apremont.
"A squadron of 10 aeroplanes this morning dropped 46 shells of 75 mlllemetr*
’ calibre and six large bombs on the military station at Chauny, where ther*
are deposits of war material. Fire broke out In two places. A barge waa
blown up on the Oise canal.”