The age-herald. [volume], December 07, 1901, Page 5, Image 5

About The age-herald. [volume] (Birmingham, Ala.) 1897-1902

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

                
PENNSYLVANIA HAT COMPANY
No. 117 N. 20th Street,
A TIE
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I A most
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assortment
of Neckties—
All styles
and all
colors.
50c UP
PENN. HAT CO.
117 North Twentieth Street.
IRA L. ARMSTRONG, Manager.
-j- - -.
ENDORSE MAYOR’S
GOOD ROADS PLAN
MR. DRENNEN RETURNS FROM
MONTGOMERY ACCOMPANIED BY
MR. ROUNTREE, COL. JACKSON
AND OTHER DELEGATES.
Mayor Drennen returned to Birming
ham last night with a flush of triumph
on his face. He went before the good
roads convention with his plan to create
the office of state commissioner of pub
lic highways, and he received the unan
imous endorsement of the convention.
As a result of Mayor Drennen’s move
ment the State Good Roads Association
will present to the Legislature a bill
which provides for the creation of a
commissioner of public highways, with a
probable salary of $2500 or $300 per year.
“We had a fine meeting,” said Mr.
Drennen, “and I never saw a body of
men mofe enthusiastic over a subject
which means so much good to the peo
ple of Alabama. If this spirit of progress
will keep up its present march, few years
will elapse before Alabama Is one of the
most progressive state in the union in
every way. Bad roads impede progress,
and we intend to keep up our fight to
build good roads through every county
fn the state.”
Col. J. F. B. Jackson and J. A. Roun
tree returned with Mayor Drennen. They
stated that more than 300 delegates were
at the meeting.
Mr. Rountree presented a proposition to
work county convicts on the public roads,
which was heartily endorsed. He was
made secretary of the association and
• a member of the executive committee, of
which Col. J. M. Falkner Is chairman.
Mayor Drennen was elected vice president
from the state at large, and also a mem
ber of the executive committee.
A number of delegates from the north
ern part of the state who were in at
tendance passed through Birmingham
last night en route home.
ASKSrFOR RECEIVER.
Petition Against Broken Arrow Coal
and Mining Company Is Filed.
On account of alleged default In pay
ment of Interest on bonds a petition was
filed in the office of the clerk of the dis
trict court at Montgomery yesterday
asking for a receiver for the Broken
Arrow Coal and Mining Company. The
suit also asks that the deed of truBt or
mortgage be foreclosed.
The property of the company Is In St.
Clair county and is said to be valued at
$75,000 or $100,000.
The hearing came up before Judge
Jones and was postponed by agreement
until January 13.
GET SAME WAGE3.
Coal Miners Will Not Get an Increase
for December.
Coal miners will receive for their work
during the month of December 52>4 cents
per ton for all ore mined, the same wages
received during the month of November.
The committee from the United Mine
Workers’ Union made its report on the
examination of the sales books of the
Tennessee Coal. Iron and Railroad Com
pany, the Sloss-Sheffleld Steel and Iron
Company and the Republic Steel and
Iron Company yesterday. The amount of
52V4 cents is only 2!4 cents less than the
maximum wage for coal mining as
agreed upon at the July scale conference.
WANTED—A boy to work. Apply
at Age-Herald composing room at 3
p. m., today.
Pell City, Ala., has four Independent
lines of railway, In all probability It will
have a county courthouse and also have
one of the largest cotton mills In Ala
bama. Now Is your time to buy a lot at
the auction sale December 10, 1901.
12-7-2t-sa-mo
Everything in patent med
icines at lowest cut - rate
prices.
Gunn Drug Co.,
2017 and Avenue.
DR. GRIGGS,
Practice Limited to Eye, Ear, Nose
and Throat.
1806}* Second Ave. Phones 1110
NEW CONSTITUTION PROHIBITS
INCREASE OF MAYOR’S SALARY
_ t ---r T > ■ n t ■ ■«. ■ ■ a ■ W f t T-t-T- r-T- T-T-t-t I ■
Action of City Council Wed
nesday Might Becomes
Bui! and Void
PAY CANNOT BE RAISED
DURING PRESENT IERM
Mr. Drennen, When Shown Section
Covering Case, Says It Is Plain
That Blunder Has Been
Made.
t
Mayor Walter Melville Drsnnen will
have to serve out his present terip at a
salary of >200 per month, notwithstand
ing the liberality of the city council In
making It >250, or >3000 per year.
This condition of affairs was brought
about by the failure of lawyers upon the
board to read the new constitution. Sec
tion 2S1, article 17 of the new constitution
Is as follows:
"The salary, fees or compensation of
any officer holding any civil office of
profit under the State, or any county
or municipality thereof, shall not be
Increased or diminished during the
term for which he shall have been
elected or appointed.’’
MAYOR SAYS ACTION
IS NULL AND VOID. \
When shown the section of the consti
tution relating to the Increase of munici
pal salaries Mayor Drennen admitted that
the action of the city council at the last
session is null and void.
“The constitution answers the question
fully," said Mr. Drennen. "and there Is
nothing left for me to say. There Is no
question In my mind but that the law
prohibits an Increase of my salary dur
ing my present term of office.
"As to the other city officers the In
crease In their salaries will not be af
fected. They are elected from year to
V
year and the board on Wednesday night
merely fixed their salaries for the coming
year.”
Robert H. Thach, chairman of the ju
diciary committee of the city council,
said last night there could be no question
as to the law.
CONSTITUTION
PLAIN ON SUBJECT.
"The constitution Is very plain In Its
provisions,” said Mr. Thach, "and It Is
rather remarkable that none of the law
yers of the board thought of the change
from the old law. Under the old consti
tution the salaries of State officials could
not be changed during their terms of of
fice, and the new Instrument changed
this by including the heads of munici
palities. The action of the board yes
terday Is clearly null and void, and the
Mayor’s salary cannot be raised until
his present term has expired.”
MAY BE LEFT
TO FUTURE BOARD.
It Is row up to the Mayor and Board
of Aldermen to take some action, and the
entire ordinance may be rescinded or re
pealed. There 1b some question as to the
process employed in such an undertak
ing, but It has been suggested that the
salary schedule be amended so as to
make the Increase of salary effective at
the expiration of the Mayor's present
term of office, provided the financial
condition of the city warrants It at that
time.
It is argued that the present Board of
Aldermen cannot fix the salary for an In
coming Mayor, and that the matter will
have to be left with the board which
goes Into office with the new Mayor. In
this case, prominent lawyers say, an
ordinance will have to be Introduced
striking out that part of the salary sched
ule which applies to an Increase for the
Mayor.
It Is the general opinion that the salar
ies of the minor officials elected by the
Council will not be affected.
MAYOR SMILES
OVER THE ELECTION.
When mention was made of the elec
tion Monday night to Mayor Drennen he
smiled good humoredly but said nothing.
His enthusiasm over the good roads ques
tion would not, at first, permit of a dis
cussion of municipal politics. Finally
he listened to a recital of the stormy
comment raised by Wednesday night’s
election, and in conclusion was asked
tlie following questions:
1 "Do you believe city officials paid by
taxpayers should be elected in executive
session?"
2. "Do you think your constituents have
a right to know for whom you voted in
selecting officials to Berve them?"
3. "Are you In favor of open sessions
of the council on all such matters?”
HE EVADES
DIRECT QUESTIONS.
The Mayor replied to the first question
by asking if city officers had not been
elected that way for the last twenty or
twenty-five years.
On being urged for a direct answer he
dictated the following in reply to the
first and third questions:
"I am in favor of following the prece
dent set by the Democratic party in the
matter of municipal or any other elec
tions.”
To the second question he replied:
"Without deciding the abstract question
as to the right of the people to know, I
am willing that they should know my in
dividual vote in nie election- of any city
official.”
CHARGE PENDING
FOR TWELVE YEARS
Negro Will Be Brought Here From
Greene County to Stand
Trial for Assault.
For an assault committed In 1519. Al
lan Nelson Is to be brought to Birming
ham to face a Judge ar.d Jury. The charge
against him is assault with intent to
murder. Yesterday afternoon Deputy
Sheriff J. W. Morrow went to Greene
County, where the negro is being held,
to bring him to Birmingham.
The negro was located some time ago
by the Birmingham officers, but that
he was held in Ittah, Greene County, for
some crime committed there. His time
was up there several days ago, and the
Birmingham officers were notified.
For some time the r.egro has been anx
ious to get to Birmingham to stand trial,
there being anofher place where he is
wanted and where it is believed he will
get a longer sentence than he will here.
IRON WORKERS AT DANCE.
Amalgamated Association Gives Enter
tainment at Elks' Hall.
The dance given by the Amalgamated
Association of Iron, Steel and Tin Work
ers at Elks’ Hall last night was a pro
nounced success in every particular, sev
* •
enty couples participating and about $250
was realized. This amount goes to the
burial fund of the association. On the
committee of arrangements were Pat
O'Hagan, W. H. Rheedy and Ed Hale.
Music was furnished by Joseph's Band.
Among the guests from other associa
tions were W. H. Stanley. J. H. Heath
and W. C. Cunningham cf the Trades
Council.
I_I
' j
1
EDWARD SMITH,
New City Attorney, Who Succeeds Robert J. Lowe.
CAPTAIN O’BRIEN IS A
CANDIDATE FOR MAYOR
Capt. Frank P. O'Brien is a candidate j
for Mayor to succeed Hon. W. M. Dren
nen.
"You may state positively that I will
make the race for Mayor,” said Captain
O’Brien last night, “and I feel confident
of success.
"I did not Intend making the announce
ment this early, as the election does not
occur until a year from next May. but as
many of my friends told me that other
candidates were seeking their support I
decided to let them know that I would be
In the race.”
Captain O'Brien did not give the names
of his opponents, but It Is rumored that
Robert H. Thach, W. H. ICettig. George
B. Ward and Mayor Drennen are among
the probable candidates. .
Mayor Drennen was asked last night if
he would ask for a third term and he re
plied: "I cannot answer that question
Just now. I do not know."
444444444 4 >4 444444444444444
Captain O’Brien Is one of the pioneer
citizens of Birmingham and was on the
first Board of Aldermen elected for this
city. At the same election Col. James R.
Powell was made the second Mayor of
Birmingham. He was the first to he
elected, but two year!* prior, when the
charter of the city was granted, Robert
H. Henley was appointed Mayor by Gov
ernor Lindsay.
When Colonel Powell, who was known
as the Duke of Birmingham, called his
first Council the following familiar names
answered the roll: J. B. Luckie, M. H.
Jordan, W. H. Morris, B. F. Roden. John
A. Milner, James O’Conner, C. F. Enslen
and Frank P. O'Brien. This was in 1872
when Birmingham was a village, but a
majority of the men named are now
prominent citizens of the city.
Captain O'Brien has represented Jef
ferson county in the Legislature several
times and was sheriff of the county prior
to the present incumbent.
TO PROVIDE A SILVER
SERVICE FOR ALABAMA
At a well-attended meeting of the Com
mercial Club yesterday afternoon a move
ment was started to collect $1000 by pub
lic subscription in Birmingham as the
city’s contribution to a fund to present
the battleship Alabama with a silver
service. President Exum stated that he
would name fifteen active men to do the
work and would make the announcement
of their names Saturday.
Mr. Exum Bald that such a committee
had been named shortly before the storm
which did such great damage to the city,
but that nothing had been done on ac
count of the large amount of money it
was found necessary to raise at that
time. However, the amount could now
be raised, and he would Insist that each
man of the fifteen collect $10. He himself
would collect $150, and if any man named
did not feel equal to the emergency he
would appoint some one else to take his
place in case a letter was mailed him ask
ing relief.
In an eloquent speech Col. Rufus N.
Rhodes referred to the sentiment con
nected with the name "Alabama" on ac
count of the prominent part ployed by a
battleship of the same name during the
civil war and to the fact that former
Secretary of the Navy Herbert was from
this State. He said the work could easily
be accomplished, and shctild be by all
means.
CLUB SUGGESTS
AMENDMENTS TO
_
Report of Legislative Commit
tee Will Be Sent to
Representatives
PROVIDES FOR LIMITATIONS
Most Important One Fixes Measure
So Only One Discharge Can Be
Obtained Every Six
Years.
At the meeting of the Commercial Club
yesterday afternoon Judge J. J. Banks,
of the legislative committee, submitted a
report on the question of the bankruptcy
law. This report suggested a number of
amendments to the law, the most Im
portant of which Is one allowing only one
discharge from indebtedness every six
years and another providing no applica
tions shall be considered when the in
debtedness is less than $H00.
This report was adopted as expressing
the sense of the Commercial Club. A
resolution Introduced by Maj. J. W. John
son and amended by Col. T. G. Bush and
Joseph Beitman, providing for the print
ing of a number of copies of the report
and their distribution among the Con
gressmen and Senators from this State
the commercial clubs of the entire Unit
ed States and the wholesale grocers of
twelve Southern states, was passed.
The report was commended by J. A.
VanHoose of the Wholesale Grocers’ As
sociation and by Secretary Jones* of the
Retail Grocers’ Association. It Is as fol
lows :
Report of the Committee.
“It Is not surprising that the bank
ruptcy act of 1898 should contain much
that is hurtful to the business interests
of the country. The framers of the act
must of necessity have been greatly in
fluenced by Bimilar previous legislation
and the bankruptcy act of 1867 was crude
and furnished a cloak for many fraudu
lent and unfair transactions. The pres
ent act, while a great improvement on its
predecessor, is still imperfect, and under
its provisions much injustice has been
done the creditor class of the people. This
has brought a law whose aim is both
beneficent and wise into disrepute and
has resulted in a widespread demand Tor
its re’peal or amendment. If it cannot be
amended it ought to be repealed; but If
Its defects can be cured by amendment,
Congress should enact a permanent and
stable bankruptcy law. The advantages
of such a law have been too long demon
strated to be the subject of further dis
cussion. It is a benefit to the debtor in
that It enables him to get a new start in
life, and It Ib a benefit to the creditor in
that it prevents fraudulent dealings be
tween the debtor and bis favorite credit
ors, and makes preferential settlements
practically impossible.
Series of Amendments.
“Mr. Ray of New York introduced be
fore the last Congress a series of amend
ments to the present act which for the
most part are sufficient to cure its most
glaring defects. Your committee submits
the Ray bill as a part of its report and
with a few exceptions, to which we call
attention, indorses its provisions.
“Mr. Ray’s amendment to section 4 of
the present act reads as follows: '(b) Any
corporation engaged principally In manu
facturing, trading, printing, publishing,
mining or mercantile pursuits, shall be
entitled to the benefits of this act as a
voluntary bankrupt on petition of an of
ficer or stockholder of such corporation
duly authorized either by the vote of a
majority in amount of the stockholders
present at a meeting of stockholders
called for that purpose or the written
consent of stockholders holding at least
one-half of the stock of such corpora
tion.’
“Your committee thinks that a mere
majority In amount of the stockholders of
such corporation should not be given the
power to file a voluntary petition in bank
ruptcy in behalf of the corporation. We
suggest that this power should not be
exercised by a less amount than two
thirds of the stock. Otherwise those hold
ing a hare majority could wreck the con
cern if they conceived it to be to their
own advantage, against the will and to
the detriment of those whose holdings
were nearly equal to their own.
Amendment to Subdivision.
“The amendment to subdivision ‘b’ of
section 5, reads as follows: ‘The judge
shall hear the application for a dis
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The " Royal Baker any Pastry Alum le need in aome baking powders and
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MURRAY HILL CLUB I
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charge and such proofs and pleas as may
be made in opposition thereto by par
ties in interest, at such time as will giy#
parties in interest a reasonable oppor
tunity to be fully heard, and investigate
the merits of the application and dis
charge the applicant unless he has (1)
committed an 'offense punishable by im
prisonment as herein provided or (2) with
intent to conceal his financial condition
destroyed, concealed or failed to keep
books of account or record% from which
such conditio^ might be ascertained or
(3) obtained property on credit upon a
materially false statement in writing
made by him to any person for the pur
pose of obtaining credit or being com
municated to - tho trade or to the person
from whom he obtained such property
on credit; or (4) made a fraudulent trans
fer of any portion of his property to any
person; or (5) been granted a discharge
in bankruptcy within six years or (6) In
the course of his proceedings refuse to
obey any lawful order or or to answer
any question approved by the court.’
“The fifth ground on which a discharge
is to be refused is that the petitioner has
been granted a discharge in bankruptcy
within six years. We think this is a most
wise provision, and will cure one of the
most flagrant evils of the law as it now
reads but your committee recommends
that the law be further amended so ns to
require the voluntary petitioner in bank
ruptcy to state in his petition under oath
whether he has within six years applied
for and received a discharge in bank
ruptcy, and if he has, that his petition bo
dismissed.
“Your committee is also of the opinion
that no firm, person or corporation en
titled to the benefit of the bankrupt law,
but whose liabilities do not exceed three
hundred dollars, should receive a dis
charge In bankruptcy. This would main
tain the dignity of the law and prevent
Its abuse by small debtors, who by hon
est and industrious effort could discharge
an Indebtedness falling below the sum
stipulated.”
TO DECIDE CASE
ON OSTEOPATHY
WHETHER TREATMENT IS IN
CLUDED IN LAWS GOVERNING
PRACTICE OF MEDICINE AN IN
TERESTING POINT.
To get a legal opinion as to whether
osteopathy Is Included in the laws gov
erning the practice of medicine in Ala
bama is the object of a test case to be
tried before Judge Samuel Greene in the
Criminal Court today. Similar cases are
being tried all over the United States.
The local case is against Dr. E. E.
| Bragg, and comes up on a warrant charg
ing him with practicing medicine without
a license. Local physicians are said to
be behind the prosecution. Cabaniss &
Weakley have been retained to conduct
this side of the case.
Attorney B. M. Allen will defend Dr.
Bragg. The defense will be that osteo
pathy Is not a medical treatment. He
will introduce witnesses whom he clalmB
wMll testify that it is not a medical
treatment, but a treatment of the bon^s
by rubbing. At least one witness, Attor
ney Allen claims, will testify as to the
cure of rheumatism by the treatment.
Similar cases have come up in recent
years all over the United States, and
the opinions of the judge before whom
they were tried vary. Some have decided
it was a practice of medicine and some
have decided exactely the opposite.
In Alabama to practice medicine with
out a license is criminal and the decision
of Judge Greene will therefore be inter
esting to lawyers and doctors all over the
State.
FRUIT STANDS TAKE
TOO MUCH SPACE
Commercial Club Discusses Question
and Refers Complaints to the
Grievance Committee.
At tho request of several citizens and
business men Secretary Gibson made a
statement to the Commercial Club yes
terday afternoon regarding complaints
about fruit stands on sidewalks. Col. T.
G. Bush made a short talk on the sub
ject, saying that the law Is abused and
the abuse should be stopped.
G. H. Estes moved that the club ask
that the Board of Aldermen refuse to
permit any more stands on the sidewalks.
J. A. VanHoose spoke against the reso
lution, saying there were restrictions
which, if enforced, would stop so much
abuse. He said a compromise was what
was wanted—not abolishment.
President Exum and others spoke along
the same line, after which, upon motion
of Prof. W. J. Wheeler, the question was
referred to the grievance committee.
At the meeting of the board pf directors
which preceded the regular club meeting
tho reports of officers were received. E.
C. Buek. J. Cary Thompson and J. B.
Proctor were elected members of the club.
A letter from First Vice President J. W.
Johnson, resigning from the position, wag
read. The resignation was not accepted.
MAN IN AWFUL STATE.
Does Not Know Hia Name and Hae
Nothing to Identify Him.
In such condition that he could not tell
his name and having nothing about him
by which he could he Identified, a white
man was brought Into the city jail last
night at 11:45 o'clock nearer dead than
alive. His condition was caused by the
too free use of whisky, according to Dr.
Rlttenberry, who was at the Jail when
the man was brought In.
He was lifeless, seemingly, and lay as
a corpse In the arms of the officers who
made the arrest. After he had been
worked on for a while the physicians
stated that It was whisky, and not an
opiate, as was at first supposed.
The man foamed at the mouth and his
groans made the corridors of the Jail .
ring with a gruesome sound. His face
gradually swelled until he had the ap
pearance of a man who had been on a
long drunk.
His pulse at first was very Irregular.but
after the medicines given him to relievo
his nerves began to take effect It gradu
ally returned to normal.
Captain Weir and Officers Baker and
Brown made the arrest.
While standing at the corner of Third
avenue and Twentieth street tho officers
saw a man running from them down
twentieth street. Suddenly ho dropped,
and when the officers readied him be
was limp as a corpse. They supposed him
to be doped and took him to the cltyJatL
Florence • Hotel
Under Dlew
Management
BEST m TMESTITE
The only hotel In the ait/
on the American plan.
Headquarters
>'OR COMMBECtAI, MlSS—
26 large Sample Rooms— %
Centrally Located.
Give our porter your htf.
| gage. He meets all train i !
and will attend to you.' f,
wants.
Rates—$2 per day and up.
' 11. B. JONES, Proprietor. i
THE iȣW
..METR0P3UTAW HOTEL..
Next to Union Depot,
Birmingham. Ala.
NOW OPEN AND READY.
160 Elegant Furnished Bedrooms
Equipped with all Modern Improve
ments.
AIL PRA8 > AMD MFTAL BED),
PERFECTION MATTRESSES.
NEW I CLEAN I COMFORTABLE!
ROOMS. $1.00 AND UP.
Th<s C ofo^n connection with the
I IIC Val vilotcl, under the personal
supervision of Alabama’s famous
caterer, "Paul,” Is the most elegant
and coziest In the State.
Private Dining Rooms upstairs.
Merchants’ Lunch 30 cents—dally
from 11:45 a. m., to 3 p. m.
LESSER & GILARDONI, Proprietors.
HOTEL BIENVILLE.^
MOBILE. ALA.
RITES
$1.00
AND UP.
$I.S0
WITH BATH
AND UP.
Lars’" Sam
ple Rooms—
Cafe
and Buffet.
^NEW EUROPEIN HOTEL
| ..JEFFERSON THE*TflE„ |
R. S. DOUGLASS, Manager.
Saturday Matinee and Night,
December 7.
“The work of a master hand.”—Mall
and Express.
William Morris and John T. Hall
have the honor to present a company
of artists In H. V. Esmond’s great
play,
When We Were Twenty-One.
Night prices 25c to $1.00.
Matinee prices 25c, 50c, 75c.
Carriages 10:40.
MONDAY & TUESDAY >nCP Q P. Ill
MATINEE TUESDAY fUEU. b & III
Joseph Arthur’s
Pastoral Play,
LOST
RIVER.
A thrill a minute, and the minute*
come fast.—N. Y. Herald.
Prices: 25c-50c-75c-$1.00.
D. B. LUSTER’S
Shoe 8tore, 217 Nineteenth Street.
December Is the month of the yeat
that every man, woman, boy or child
that wears shoes Is glad to see.
They wonder how Old Santa is going
to remember them.
One of the most useful and will be
most acceptable as a Christmas gift
Is one of D. B. Duster's stylish and
perfect fitting Shoes or Slippers. I
have them complete in all the toes and
heels, extension or light soles, velour
box calf, vlct kid or patent vici. I’ll
fill the Xmas demand.
Prices 19c, 25c, 30c, 40c, 50c, 60c,
75c, 98c, $1.24, $1.48, $1.74, $1.98, $2.48,
$2.98, $3.48, $3.98, $4.48, $4.98.
Ask for any style Shoe or price.
I’ll give them to you. My making and
repair department Is best in city.
D. B. LUSTER,
217 Nineteenth Street.
Goods delivered to any part of city,
’Phone 1727.
Illustrate your advertisements. Th«
Age-Herald Engraving Co. make*
cuts. Both line cute and halt tones. J