The Times from Montgomery, Alabama • 1

EVERY 59 MONT ER WHERE ON TRAINS DELIVERED AND HOTELS Copy Per THE TIMES. Per Week ESTABLISHED 1905. THE TIMES GETS IT FIRST-BUT FIRST GETS IT RIGHT. TIMES BUILDING MONTGOMERY HOME-OWNED NEWSPAPER. FRIDAY, SEPTEMBER 28, 1923.

VOLUME FORTY-ONE- -No. 161 SUPREME JUDGES WANT PEOPLE TO DECIDE TRAIN GOES PLUNGING INTO A CREEK SEVENTY-SEVEN PERSONS ARE THOUGHT DEAD In the Wreck and Heroic Efforts Are Being Made To Get Out The Bodies; Pullman Stood Upright. CASPER, Sept. (Special.) ---Aa, heavy toll of human lives was claimed in a railroad accident near here late last night. At least 77 persons are believed to have been drowned 1 in a wreck on the Chicago, Burlington and Quincy.

road, 15 miles from Casper, when a passenger train plunged off a bridge into Cola creek. Between 115 and 120 passengers were on the train when it left, Casper last night, according the officials. Twentyeight oceupants of the Denver sleper, which remained on the track, stood upright in three feet of water, were rescued safely: six of them were from this city. It is believed that all of the remaining passengers Were drowned. Scores of workers are making every effort to recover and remove the dead bodies.

EXTRA SESSION IS DISCUSSED BY CHM'N HULL WASHINGTON, D. Sept. 28 -(Special)-The democratic national committee, through its chairman, Cordell Hull, is utilizing the administration's effort to relieve the Amelcan farmer as an extra session of congress. President Coolidge has -repeatedly said since he assumed control of the administration that he could see nothing that could be accomplished for the public good by calling congress earlier than December. Chairman Hull insists that congress should be called.

"TE the republican leaders are at all serious," said Chairman Hull today, "and disposed to give the real facrm relief, they can give the farmers much early aid among other ways by convening congress and effecting a prompt reduction of existing profiteering rates and by offering some moral and economic co-operation to stabilize and unfetter international trade conditions, SO that 000.000 underfed people of Enrope can purchase all our suzplus foodstuffs at top prices fixed by the laws of supply nd demand, which has been suspended in ESurope and prices fixed in a prostrate market during the past three years." Yesterdays In Montgomery large meting of planters of this county was held. Col. T. S. Mays, chairman, reported from a committee that "they find in this meeting 40 planters who inade last year on 10.801 acres, 6,192 bales of cotton, and this year on 11,535 acres they represent at the very greatest produce 3,635 -Sept.

28, 1840. From the beginning of the city cf Montgomery cotton has been king. and always the paramount issue during September days. The year 1840 must have been a bad cotton year, even before the arrival of Bill Boll Weevil. ADMISSION TO JURY IS DENIED BY THE WARDEN BIRMINGHAM, Sept.

28. (Special.) -Paying a surprise visit to Banner Mines shortly after noon Thursday, Solicitor Jim Davis and the Jefferson county grand jury succeeded in insuring presence of two convicts before that body Friday morning, who are said to have told the grand jurors that they had been whipped by Warden J. D. Evans, and who are expected to disclose details of the September 10 mutiny and the subsequent flogging of 17 leaders of the outbreak September 12. Solicitor Jim Davis in person served a summons on Clark Middleton, whose term of imprisonment expires Friday.

Middleton promised the solicitor to bring with him another convict who goes fsee Friday, and said he would talk freely regarding Banner conditions. Solicitor Davis and members of the grand jury talked with about six other convicts on the outskirts of the camp before guards came along and stopped conversations. Columbus McGowan, negro, was one of those with whom the grand jury talked, according to the solicitor. Picking up the trail of the grand jury in Pratt City shortly after noon Thursday, a RegisterAge-Herald rerpesentative drove hurriedly to Banner, believing an attempt would be made to enter the camp or that permision for a visit had been granted by the governor. Pausing on a ridge which overlooks the stockade, he was greeted with the sight of men running from gate to the buildings where the warden stays, as the grand jury, in three automobiles, drove up.

Soon Warden Evans was seen walking down the steps toward the main entrance, around which the grand jurors, headed by J. G. Shaw, foreman, and Mr. Davis, were gathered. He opened the gate and came out.

Mr. Shaw then made formal demand upon Mr. Evans that he permit the grand jury to enter and examine the convicts who were flogged September 12. Mr. Evans is said to have refused and told the grand jury that he had verbal orders from L.

A. Boyd, president of the convict board of supervisors not to permit any visitors to enter the stockade. It is presumed that these orders were given last Wednesday. Mr. Evans also forbade the grand jurors from talking with convicts.

This they had already done, however. Each member of the grand jury asked Mr. Evans to admit him, was refused and Shaw called the name of each convict flogged as the result of the September 10 mutiny, asking that he be brought before the body, to receive a smiling each time. Seventeen recelvea 302 lashes, distributed in 21 and 10-lash lots. Solicitor Davis served a sut1mons on Dr.

Monchief, dentist at Banner, for whom Mr. Evans is said to have accepted service. Mr. Monchief, it is understood, is expected to reveal much concerning alleged brutality to prisoners shown by state guards and wardens at the camp. He will appear also Friday morning.

The grand jury remained at Banner about 15 minutes, gathering around the main entrance. Solicitor Davis was waved down from the tower over the entrance by the gateman when he Mug': to climb the stairs and look into the prison grounds. Several of the grand jurymen, however. looked through cracks in the stockade fence. They are said to have seen armed guards concentrated near the gate.

When the Jury prepared to leave a car filled with armed guards drove In from behind them. Tenseness in the atmosphere was evident. Two guards in the tower nearest the hill aide wear clearly on the lookout, re- WHEN FIRE SWEPT CALIFORNIA CITY Section of residence district of Berkeley after the Are SUBSTITUTE ISTWO CONVICTS FOUND FOR R. R. WHIPPED MAY CONSOLIDATION BE BEFORE JURY WASHINGTON, D.

Sept. 28 (Special.) -The Coolidge administration has virtually decidrepeal the "guarantee clause" of the transportation act as means of bringing about a general reduction of freight rates early in the next year, it has been authoritatively announced. plan will be substituted by President Coolidge in the next session of congress for the compulsory railroad consolidation program advocated by his predecessor. I Richmond Has Cargo Of Dead From Brazil BUENOS AIRES, Sert. (Special.) -The U.

S. 3. Richmon left for Brazil after a fourday visit to Buenos Aires. In Rio De Janeiro it wilt take aboard the bodies of 49 American sailors who died in the influenza epidemic there in 1917, during the visit Admiral Caperton's South American squadron. The majorits of the victims were Washington and Oegon high school drafts on their first veyago, and were mostly members of the crew of the Pittsburgh.

The Richmond wIll now take the boa es home. HAMBONE'S MEDITATIONS By J. P. Alley STO'-KEEPUH ALL TIME TALKIN' BOUT "READY CASA" BUT WHUT I WANTS. T' HEAH 'IM TALK BOUT IS READY CREDIT! FRANCE MUST BE UNITED STATES SHOWN BEFORE PLANS TO WININ MEN WITHDRAW THE CUP RACE PARIS.

Sept. -(Special.) consider passive resistance Germans endwill, not, ed I until coal. iron and steel product on in the Ruhr sector regains normal, and until all Germany "ceases rebellion" against the Versailles treaty, the foreign olfice has announced. No promise will be accepted or considered satisfactory. France wants action, and passive resistance must cease before negotiations are resumed.

New State Board of Agriculture Announced Governor Brandon announced the nomination of five members of the new state board of agriculture, to be presented to the senate for confirmation Friday. The governor announced his selection a few hours after affixing his signature to the agricultural code bill. which created. the board. State Commissioner of Agriculture J.

M. Moore will be exofficio chairman of the board, and Dan T. Gray, director of the Auburn experiment station, a ex-officio member. The second, five members appointed by the governor and to be confirmea -by the senate, Representative R. J.

Goode of Wilcox county, livestock farmer, appointed for six years. Clifton Kirkpatrick, of Dallas county, appointed as a representative borticulturist for four years Senator W. F. Garth. Madison county, Representative S.

Dunwooay, Henry county; Representative 1. H. Hatter, Greene county, all general farmers and appointed tor two years each. The bill provided that the farmer members must be directly engaged in their profession, and that three of them must be engaged in general agriculture, one a horticulturist and one a livestock man, the term of office of each be.ng also fixed in the bill. Mr.

Krkpatrick, representative of the horticultural interests on the board was a member of the horticultural board abolished by the legislature and is said to be a successful, pecan grower. Representative Goode, representing the livestock interest, is a member livestock sanitary board abolished by the act of the legislature, and a prominent livestock raised of the western black belt. Senator Garth is a farmer of the Tennessee valley. Representative Hatter is a farmer of Greene county. Friends of Dr.

0. F. Winberg of Baldwin county, made fight to secure his appointment as representative of the horticulal interests on the board. A flashlight photograph was taken of Gov. Brandon as he signed the agricultural code Thursday morning, the governor's signature be ng made for the occasion by Commissioner of Agriculture J.

M. Moore. The agricultural code bill was introduced into the house by Representative S. A. Burns of Talladega, and into the senate by Senator Garth, and represents a consolidation of agricultural laws of the state, with a number of additions to existing laws.

Allied Diplomats Call On Premier Stressmann And No Disorders Occur BERLIN, Sept. (Special) -The allied diplomats called upon Chancellor Stressmann today, indicating that ground is being prepared tor. new reparations negotiations. The government is giving warning against any attempts at uprising, which has, cowed both communists monarch1st. and no disorder is reported.

WILL CONSIDER WHOLE MATTER IN FULL COURT COWLES, Sept. (Spec'al -America won the Schneider cup in the al race with the navy seaplant in competition with England and France. Lieut. Rittenhouse piloted the successful plane, and attained a speed of 177 an hour. The total time of the course was one hour and 12 minutes, and 24 4-5 seconds.

The Amer cans also took second place with Leut. Irvin piloting. Great Britain won third place. Bids Advertised For On Piers and Concrete Of Reese's Ferry Bridge Bide have been advertised for by the state highway department to he opened October 30 for piers Land concrete approaches of the new bridge which will span the Alabama river at Reese's ferry on the Montgomery Birmingham highway. Bids have been advertised for by state highway department on the piers and concrete approaches of the new bridge which will span the Alabama river at Reese's ferry, on the 'Montgoreery-Birmingham highway.

These bids will be opened by the state highway commisison on October 30. The new bridge, including the concrete approaches will be 2,200 feet long and the concrete piers upon which the structure will rest will be 90 feet h'gh. The superstructure or steel work upon which bids will be asked for later, will consist of a steel, turn-span draw for enabling boats to pass up and down the 335 feet over all and will be river. This turnspan a draw will be flanked by two fixed steel spans 260 feet in length, each. Final location of this important bridge at Reese's ferry Was decided upon several months ago, following a controversy among those favoring this and various other routes for the MontgomeryBirmingham highway out of Montgomery, lasting for nearly four years.

Judge Joel B. Brown Will Run For Supreme Court Judge Again CULLMAN, Sept. -Judge Joel B. Brown, of Cullman, forwarded his announcement for the office of associate justice of the supreme court to the secretary of state Thursday. Judge Brown was formerly connected with Will Denson, a prominent lawyer in Birmingham.

He is now a member of the law firm of Brown and Griffth, of Cullman. He was Tearer in this county and has herd many important political offices in the state. Judge Brown has served almost one full trm on the court of appeals, finishing that terms on the supreme court by the appointment. He was mentioned for the vacancy just filled by the appointment of Attorney Virgil Bouldin, of 'Scottsboro. The election in which Judge Brown will run will take place in 1924, two members of the supreme court bench must be elected at that time.

One of these will be for the place to which Mr. Bouldin has Just been named, and the other is the place now filled by Judge A. D. Sayre, of Montgomery. MRS.

R. D. PUSEY DEAD IN LOUISVILLE. Mrs. R.

D. Pusey, wife of the general passenger agent of the Louisville and Nashville, is dea-1 in Louisville. Death came almost without warning. OKLAHOMA, CITY, Sept. (Special.) Even the judges of the Oklahoma high court do not wish to clash with the military authorities under martial law, and it announced this morning that the state surpeme court justices, after conference among themselves, have decided to defer the consideration of the legal technicalities to the special election October 2, until tomorrow, when all the justices will be present.

At the same time it is reported that Governor Walton will block the voting next Tuesday on "the initiative petition of 75 citizens" which provides for an amendment to the constitution permitting the legislature, to convene on a majority call. Since the governor has forbidden and prevented their meeting legislators are attempting to get the question of a majority call to the people. SAM RIES DIES IN VICKSBURG. maining so until the grand jury party had passed over the hill. "It looked like they were expecting us to force our way," was the solicitor's comment.

He was jubilant over the grand jury's success in obtaining testimony of Middleton and the other convicts, Friday. "Our main purpose in going to Banner was to receive on actual refusal from officials in charge," said the solicitor. "We certair.got it, and every one of us. Efforts to enter Banner now must naturally be confined to legal measures. We will demand the right to have convicts appear before the grand jury and testify regarding the mutiny." The grand jury recessed Friday afternoon until Monday morning.

Solicitor Davis said. Testimony of Dr. Moncrief and the two men to be liberated from Banner is expected to take up the greater part of the day, he stated. "Governor Brandon's efforts to block this investigation are not causing us to slacken our pace one bit," the solicitor declared. "We are going to probe to the bottom of this affair, which must needs be surrounded with secrecy by the governor and his aides, Mr.

Boyd and Mr. Nolen, who say that the grand jury investigation is overlapping their investigation two days after the mutiny." LeGrand Home Partly Burned This Morning The W. H. LeGrand home, on the Norman Bridge road, was partly destroyed by fire this morning. The fire was discovered about 10:30 o'clock, and when the fire department reached the house a few minutes later, the roof was gone and the fire was spreading over the second story of the building.

All of the furniture in the large residence was damaged, even that taken out. This home was built many' years ago and was among the best in Montgomery county. BULGARIA IS AGAINST WAR SOFIA, Sept. (Special.) Minister of the Interior Rouseff declares that Bulgaria is appealing to the American public to prevent war lu the Balkans. "The communist revolution in Bulgaria has been put down," he said.

"Ourchi el fear now is invasion by Jugo-Slavia. We're hopeful that American influence willprevent a clash of armr The many friends of Mrs. Seligman are sympathizing with her in the loss of her brother Sam Ries, who passed. away Thursday morning in the Vicksburg sanitarium of Vicksburg, Miss. after an illness of two months duration.

He was 72 years of age, was born in Hillsbore, Miss. and had spent the greater part of his life in Vicksburg where he owned and operated a large meat business. Mr. Seligman left Thursday to attend the funeral services which were held there Friday morning with interment in the Jewish cemetary of Vicksburg. Ries was never married.

He is survived by five sisters and two brothers. BIRMINGHAM, Sept. -Two convicts, said have been among, those that were whipped the Banner mines mutiny are scheduled to testify today before the Jefferson county grand jury, engaged in investigating conditions leading to the recent outbreak at Banher mines. The graind Jury. led by Solicitor Dav's, was refused entrance to the mines yesterday.

The jury managed to summon two convicts, whose terms expire today. TODAY AND TONIGHT 1 IN MONTGOMERY GRAND- 'Lasses" White's n- strels. Cuba's Empire Builder W101 PHOTO The Tarafa bill, designed to consolidate Cuban rallroads and regulate ports, which has just been passed by the Cuban senate, sponsored by Col. Jose M. Tarafa who has been called an "empire builder" and sometimes "the Stin nes of Cuba Jury Still Divided In Yarbrough Cars.

MACON, Sept. more than 30 hours deliberations, the jury in the cat of Dr. C. A. Yarbrough, who is charged with flogging here, reconvened in final effort to react a verdict.

Mr. Pusey has been connected with the Louisville and Nashville for a number of years as assistant general passenger agent, and later as generl pssenger gent. He has visited Montgomery many times, and is widely known here and elsewhere in the south. The message announcing the sudden death of Mrs. Pusey reaching Montgomery was signed by Milton Smith, assistant general passenger agent.

WEATHER FORECAST For Montgomery and VicinityPartly cloudy tonight. Saturday increasing cloudiness and unsettled. The lowest temperature tonight will be about 68 degrees. For Alabama- -Fair tonight. Saturday, cloudy and unsettled.

River Forecast- The Coos and the upper Alabama river: will not change much tonight and Saturday. Rain Low. High. fall Montgomery. .66 87 .00 Birmingham.

66 1.00 Mobile. ..70 90 .00 P. A. SMYTH. To Our Subscribers If you are going to move October 1st, please call Circulation department, Phone 588, as soon as possible, as we will have numerous changes to take care of, and hope not to disappoint a single subscriber.

104.) 104.).