davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01

not suit to restrain a criminal prosecution
1t is suit to restrain an asserted illegal
action of the Board of Railroad Commits
siolers which viii in. uriously affect the inter.
ests and property rights of the complainant.
There are two other propositions made by
respondents which precede the consideration
OF the merits properly SO called. They are as
follows:
1. That the leases executed by the several
lessor companies to the complainant, by the
terms of which all of their franchises and
property were transferred, are void because
executed without express Congressional or
legislative authority, and, therefore, ultra wires
of the purposes for which those corporations
were created.
2. That the so-called Pacific system is an
unlawful combination in violation of section
20, article XII. of the Constitution Of the
State.
These propositions are countered by the
complainant by the objections that the Board
of Commissioners cannot be heard to make
either propositions; not the first, because the
leases are not open TO collateral attack on the
ground of ultra wires in this proceeding and
under the circumstances of this case;
that the sovereign alone can object,
and that they must be held valid
until declared otherwise by q direct
proceeding. Not the second, because the Board
of Railroad Commissioners has dealt with and
its proceedings and orders are against the
Southern Pacific Company and not the several
or any of the lessor mpanies.
The case at bar is not between the contract-
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01

terpret any ambiguity SO as to take away a
valuable power and one SO consistent with
and be necessary to the purposes for
which the commission was created.
The first contention is, therefore, not good.
The second contention is that the 25 per
cent resolution is only one OF inquiry, not one
OF definite action, or necess arily one even of
intended action.
Mr. La Rue and Mr.. Stanton aver that they
did not intend the resolution as a final judg-
ment of the board, but that the board in
tended more definite and particular investi-
CATION into the condition of the several rail-
roads forming the Pacific system OF complain
ant, and that regulation or non-regulation
will depend upon that investigation, and
more explicitly and emphatically have they
stated this through their counsel.
am disposed to accept this as true and sin
cere. Indeed do not know how not to do so
regarding them, as they must be regarded as
truthful, nor do care to risk the slightest
embarrassment to them as officers in any
proper investigation of the complainant or
any of its cons nstituent roads, the results of
which cannot be put into force, even if it was
desired to, except in a direct and open way,
and the detriment of which, if any, can be ar
rested before 1t fail.
The respondents object to the remedy of the
bill and insist that no in junction can be
granted because the things to be restrained, it
is claimed, are criminal prosecutions, and
them court OF equity cannot enjoin.
= Not Criminal Proceeding.
The answer to this contention is that this is
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01

called away on some urgent business. He
returned shortly and sat with the specta-
| tors during the remainder of the reading.
w. f. Herrin, chief counsel of the South
ern Pacific Company, was absent owing to
the death of his wife's father. Judge Peter
Van CIief.
Judge McKenna occupied two and a
half hours in reading the seventy pages
of type-written matter. comprising about
81, 900 words, which constituted his deci-
sion. No in+ermission was taken.
On the part of the railroad people the
decision is looked upon as virtual vic
tory for The corr alton. bile The 81 atsss
represe sentRtives lock upon The outcome
with great satisfaction. 1t is claimed by
the latter that while the per cent reduc-
ton was declared unreasonable on the
showing made before the court, the actual
trial of the issue on its merits will produce
vastly different class and amount Of evil
dence, with probable different result in
the final decision.
1t now remains for the Railroad Com
mission 10 make out a case, showing that
its proposed per cent reduction is not un-
reasonable. There will be a conference
tomorrow in the Office of Attorney Gen.
eral Fitzgerald between the Railroad
Commissioners. the Attorney-Genera, and
the other attorneys who have heretofore
legally represented the commission, in
order to decide upon future course.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01
scribe) a uniform system of accounts to be
kept by all such corporations and companies.

scribe) uniform system of accounts to be
kept by all such corporations and companies.
Powers of the sBoard Defined.
1t is under the third of the said enumerated
provisions of the board that there is an i'm
plicit direction to "enforee their decisions and
correct abuses through the medium of the
courts"
1t appears, therefore, that the board may
hear and determine complaints. What COM
plants? Surely these may be as broad as the
boards powers are, and as various as the mis-
conduct ,of transportation companies. Upon
whose comp laint? Must the board wait, as
court does, to be invoked? Is it not q
different instrumentality from a court? An
active, seeking, supervising one-the eye and
the activity OF the State-expected to see and
do Whist private interests may overlook or be
deferred from doing? think so. But, grant
am wrong, the board has the further power
TO correct abuses What abuses? Only those
complained of or those besides which itdis-
covers? If only those complained of, the
phrase "to correct abuses" is but q epettion
of the phrase s'to enforce their decisions. ;"
Primarily, we may not assume that it is super
fiuous, and reflection of the purposes of the
constitution convinees that it was not in
tended to be. 1t must be construed as an in
dependent gift of power giving the Commits
sioners as ample administrative powers in
proper places as judicial and legislative
powers in proper places. That this construc-
ton will make the board more efficient there
can be no doubt. and am not disposed to in
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01
GOVERNOR BUDD PLEASED.
Considers the Decision of Judge MKnna of Importance and
Future Advantage to the State

Budd
will n
hae not yet read the decision full nor did hear all
IN Though
rto
and elves
that
fthecomn
aconsut
sohdno
declared the
ofds fo
oHlr lrpatsof 0
The of thee
otis
Of
wIn nda awaysh will Of
fact the if ertefx d
the nlrad il
ecase e eHwHlbe.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01
THE DECISION.

The decision abridged only as to unes.
sential matters is as follows:
This suit is brought against the Board of
Railroad Commissioners to enjoin them from
enforcing a certain resolution reducing the
rates on grain and other freight on the lines
of railroad operated by complainant. The
bill of complaint alleges the jurisdictional
facts and the official character of respondents,
and that the complainant is corporation and
was incorporated and organized by an act of
the commonwealth of Kentucky empowering
it to operate the lines of railroads described
and operating them as one system generally
That it has paid up capital stock of $780,
934. .170 90, distributed among $50 share
holders.
That by the leases to it complainant is re-
quired to operate and maintain said roads in
good repair, pay taxes and provide for the
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-01
VIEWS OF THE PARTIES TO TIE
CONTROVERSY.
Final Trial Of the Question Of What Are Rea-
Sonable Rates Yet to Come = Com
missioners to Confer To-
Morrow

Two important points stand out prom
inently in the decision rendered by
Judge Joseph McKenna of the United
States Circuit Court yesterday In the
case of the Southern Pacific Company
against the Board of Railroad Commits
siOners of the State of California.
The proposed reduction of per cent
in the grain rates of the complain ant
are declared to be urjust and unrea-
sonable, and the constitutionaIity of
the commission is sustained.
It is now more than fourteen months
since the suit was instituted asking the.
court to enjoin the commission from en-
forcing the reduced grain rates and from
making further reductions to the extent
OF 25 per cent, as outlined in resolution
adopted by the board.
Pending the hearing of the case proper
temporary injunction was granted. Affi-
dayits were subsequently filed and argu-
ments made thereon looking to the disso-
luton on the part of the commission of
this restraining order, and the decision of
Judge McKenna relates simply to this
temporary injunction. The main issue as
to the reasonableness or unreasonableness
VI VIC piOPOSSO o per SeHI ISOUCllOu IS-
mains yet to be determined.
Many side issues were brought into the
case, but the most important of these were
set aside by the court as not being peril
nent or necessary to the consideration of
the main questions in controversy.
1t was IL o'clock to the minute when
Judge McKenna began the reading of his
long-expected and anxiously looked for
decision. The courtroom was crowded
with a brilliant array of legal talent
Prominent among those present were:
Governor Budd, Attorney-General Fitz-
lerald. Robert Y. Hayne, J. E. Foulds,
John CARRIER, Chairman ii. M. La Rue of
the Railroad Commission. Henry N.
Clement, R. T. Clement, Thomas J. Gu
ME, Andrew J. Clunie. Marshal Barry
Baldwin. United States District Attorney
Foote and his assistant, Mr.. Knight.
Shortly after the Judge began TO deliver
his decision he espied the Governor within
the inclosure reserved for members of the
bar and invited the chief executive of the
State to seat beside him. The Governor,
however, did not remain long, as he was
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

Take your prescriptions to the
Blatchley Drug Co.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03
solsE IDAHO.

Nv y ' al STAGE co. IS STAGES
sSs,sisaa.y, e Caldwell on Monday,
lana. J, and Friday for Silver and
y. T6n,,ia1t $3.50 I'M, returning Tues
u A. 'uays and Saturday at 8 pm.
iJ.DAv,o G.. ED. MEEK, Agent.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

! :, strhorn Addition to the City Of
0ls1 ,l.,n can now be bought on the install
tSa"S . small cash payment only being re-
wv Y itme Of purchase with easy monthly
" N, VIM an deferred payments. This ar
i9nei Ht oiisrs a good opportunity to secure
desirable location. For particulars can
sleas ISISli Real Estate and Water U.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03
THE MOBILE REoIsTEa AND Mr.. BRYAN.

/
OF all the honest Democratic news
papers which are supporting Bryan
and Sewen for The sake Of supposed
party regularity, none has a harder job
than the Daily Register of Mobile.
For reasons probably satisfactory to
itself, that excellent old Democratic
Journal displays daily at the head Of
its editorial columns the Chicago tick
ct in the customary typographical form
indicating enthusiastic approval; while
in the editorial articles which follow it
explains that it supports Bryan "de-
spite the fact that he avoids calling
himself Democrat, and despite the
fact that we know the Chicago plat
form is crowded with errors" The
Register accounts for this seeming in.
consistency by alleging the extraordin-
airy hope that if Bryan can only be
elected, he will be educated by the re.
sponsibilities of the Office of president
to perceive the errors of the platform
and to abjure them.
We quote the greater part Of what is
probably the most remarkable plea for
Bryan's election that the present cam
paign has produced anywhere, North
or South, East or West:
"'The country will be ruined if Mr..
Bryan is elected We quite agree that
this a6iU be so, provided the policy
enunciated by the Democratic conven-
ton in Chicago is carried into effect;
but we do not believe that policy will
ever find place on the statute book.
We do not believe Mr.. Bryan himself,
when he is brought face to face with
the probable consequences of carrying
out that policy, will dare to do what
he declares on the stump should be
done. Place him in that position,
where his word will turn the scale one
way or the other, where the sole re-
sponsibility for the prosperity or the
ruin of this great country will rest up
on him and him alone, and we shall
see him not hesitate only, but turn
back in alarm from that great gulf
which his intelligence will tell him lies
open before the business and industry
of seventy-five millions of people. Mr..
Bryan is no fool. His speeches as well
as his history prove him to be a man
who is informed and whe thinks. He
is now in the midst of campaign for
the highest Office man can aspire to fill,
and he wants it with all his mind, body,
heart, and soul. lie believes he has
struck the right road to it, and he is
probably correct; but talking is one
thing and doing is another. The man
is not yet born who has the ability and
talent that are sufficient to elevate him
to the presidency of the United States,
yet has not sense enough to avoid do.
ing the thing that will endanger the
safety and welfare of the republic"
That is to say, the country will be
ruined if Mr.. Bryan is elected and car
ries out the platform on which he is
elected; but it is impossible to conceive
that any man elected on such a plat
form can avoid abjuring it when he is
elected; and therefore Mr.. Bryan ought
to be elected, in order that he may alb
jure it,
This argument of the Mobile Regis
ter's is either the product of a naiVete
almost pathetic, or it is a masterpiece
of irony. We strongly suspect it is the
latter.-NeW York Sun.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

A man whose name we did not learn
who is placer mining on Snake river,
last week, out of two hundred barrows
of gravel wheeled to the river and
washed with arocker, realized 30 dol
lars worth of dust. This was told us
by a reliable man who was on the
ground and knows it to be fact, Snake
river is a thousand miles long and
along its entire length there are bars
which men can make good living
working on. The Wall street pluto
Gratis may dry their tears for the
distress of the poor laboring man and
send them all to IdBho.-DeLamar
Nugget.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

Dewitt witch Hazel salve is an anliseptic,
soothing and healing application for burns,
scalds cuts, bruises, etc, aud cures piles like
magic. 1t instantly stops pain. H. d. Blatchley.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

That is how the silver forces have
begun the capture of the House of Rep
resentatiVes!- Cleveland Leader.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

Speed and safety are the watchwords of the
age. One Minute Cough Cure acts speedily,
safely and never fails. Asthma, bronchitis,
coughs and colds are cured by it. II. D. Blateh-
lev
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

They are so little you hardly know you are TAX
ing them. They cause no gripping, yet they act
quickly and most thoroughly. Such are the IA
nous little pills known as De Wits little early
rIsers. Small in size, great in results H. d.
RIatchleY,
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

ssy & ~ Ge boys, /" but you can't afford to
ssasoa ." f Be ready for the green
Va Gu. p having DeWitt's Collie &
" the house, II, D Blstchiey.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

.nUNT-TEMPLE ENcANPMENT
,sGAMlf 4InS q. F. Meets the second and
Sidy T. each lab mG made aE re 9ea Fellows
VlsIlns JOHN ZEHNER.
-,,vNrFRG, Chief Patriarch.
J, sihO- SCTibe'
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

c.rDWELL LODGE No. 10. Ban
IA. o. II S,ii5ing, Regular meeting We'd
BBgV On II,ag vI each week. Visiting Brethren
EfJ lEylleeu '" w. G. MCKENZIE,
n GIPsoN law Noble Grand.
secretary
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-03

So far eight members of the next
House of Representatives have been
elected. They are classified as follows:
The herald., 1896-03-26
MEMS DEPARTMENT.

Office hours from : IA. M to 7:s, p m, except
n
The herald., 1896-03-26
The Herald, SIS a Year by Mail
MEDIUMS
DROFESSOR FRED BELL
LECTURER AND PSYCHIC TEACHER

successfully gives private lessons in practical oc
cultism, hypnotsm, chronology and ply siognomy.
Psychometry and medumship developed on the
true plane.
on every Tuesday evening at o'clock Professor
Bell Will lecture at his rarlors in the Pirtie blk
subject Tuesday evening. March 3lst, Black and
White Magic The public invited. Admission
only - cents.
Professor Bell is an electromental healer OF
great power. Pain and disease disappear under
his touch and the sunshine of philosophy as ii by
magic.
As phrenoogist and physiognonist Professor
Bell is without peer. Full delineation OF charac-
ter. with chart, sl.50 Specially written charts,
giving valuable points as to health, future life,
with occult laws 50. lie s also forming class in
phrenoioSN and phYSiognoMy, AuA will take a few
private pupils Office rooms. 81, 81 and 81 Prte
block, corner Broadway and Fourth SITS. Hours,
sto Il, $50 to o. evenings by appointment.
Consultation and diagnosis absolutely free.
Strictly confidential. "A
The herald., 1896-03-26

t0o-3o2 W. Second ST., in basement
California Bank Bldg.
Tel. 500.
The herald., 1896-03-26

NOR SALE-HOUSE AND LOT, $3.50; $3.50
i cash. balance years. j. +. JONES, lS2
Broadway, front. 81
The herald., 1896-03-26
CREASINGER'S COLUMN

wANTED-ro PURCHASE
have cash customer for n good lot in the
southwest part of the city. In answering give
CREAsINGER. III $. Broadway.
COUNTRY PROPERTY FOR SALE.
80 acres OF alfalfa and 10 acres of deciduous
fruits with II good house and barn on ranch: water
right goes with place. located II miles from Los
Angeles and near two stations one ON the South
ern Pacific railroad and the other on the Santa Fe
CREASINGER. 2i7 s. Broadway.
40 acres, set to 1900 apricot, 1900 peach 800 winter
trees; good room house and barn on the place;
also an abundance of water aud horses, wagon
and tools 90 with the place. Price, $1,000; or will
CREAsiNciER. a47 s. Broadway.
10 acres. TO lemon trees years Old and in good
bearing condition. complete water system and
water pped right TO the place trees are bearing
very heavy tins year. Price, $1,000: terms. $1,000
down and balance to suit buyer. Only IL miles
from Los Angeles and miles from Alhamhra;
CREAsINGER, 2i7 S. Broadway
10 acres OF good alfalfa land in Orange county.
and only 2'r miles IRON Orange: 10 shares of wafer
goes with the place, and there is abundance OF
water. Price, $1,000. This is a good buy. Would
exchange for city property.
FOR SALE-HOUSES AND LOTS.
For saleA bargain; 6-room house, newly
papercd and with all modern improvements; lot
cash. Located on Twenty-frst St, west of Main.
CKEAsINGER, al 5 broadway.
house, with closets and bath and stable on rear of
lot; lot 6OXi2o; located in the southwest part of
MONTH mo ttS' 'e CREASIN%GER SS % M AZ aqM Broadway a per
For Sale-A 6-room house almost new, with all
modern improvements ana barn on lot lot 5oxlso
Located in the southwest part OF the city. CAN
and see CREAsiNGER, 247 $. Broadway.
For Sale-A very nice home; new Groom
house, hard iinish with screen porch, pantry,
closets and bath: good woodshed on lot good crate
in paror; lot 50xl46. Price, for cash, S235o
time, s25o) $500 down. balance so per month Near
$. p. CREASINGER. 2l7 :. Broadway.
LODGING HOUSES FOR SALE.
The herald., 1896-03-26
HOTEL. DEpARTNiENT

\ 7.
Dung man as barrier, for what he can make !:
md shirt ironer and inisher $40 etc. Young man
cook do homework, $40 etc.; cook, country, $50
c.
The herald., 1896-03-26

III WIESENDANGER, 90 w. SECOND ST.
i For sale, new houses, SO n month.
Sl750- No, ssi Stanford ave. r., bath,
Sl950-9S2 Towne ave, i Il, bath.
sl95o-726 II. Pco St, q H. bath.
:2i00-77D Kohler ST., & r., bath.
so0o0-fo feet f.. Third st. near San Pedro.
Sl2o,000-600 lots s. w, electric cars
sIs0-Iot stanford ave, near Eighth.
81 ,0O0-7p acres W. Washington st.
s3j,001-700O acres, Oak PARK. Kern Co.
s3o00-50 lots University electric cars
S2j0)-- u lots University electric cars.
s60,010-51O lots W. Washington st.
S20,00)-ld0 acres alfalfa. l6 miles.
s50O0-IO acres alfalfa, FigueToa st.
$1,000 acres year apricots Fillmore.
IS L. WIESEN DANGER, 227 w. Second ST.
The herald., 1896-03-26

TUNNEL BROS. Il CO.,
successors to
PETTY, IIUMMEL & CO.,
EMPLOY MENT AGENTS.
The herald., 1896-03-26

Il BARGAINS.
slG00--B Bonnie Brae lot.
Ss00-'fhrty first ST. lot.
sl501-5-i DOM house and nice lot Thirty-frst st.
Sl5)0-Lol on Grand ave.
s45Jo--45 IL. on seventh close to Main st.
Several other real bargains.
FOR EXCHANGE.
10acre fruit ranch. good house, close to city,
value 5000 Want city property.
so acres Chatsworth Park; $1,000 against IL.
Good s-room house in city for eastern property
Mines sOta preferred.
Other exchanges
w. II. GRIFFIN,
3-22 If 1856 s Broadway.
The herald., 1896-03-26
FOR SALE-REAL ESTATE
Houses and Lots

Rates for advertisements under this classihca-
tion-i, time, cents per line; week, 30 cents per
line; month, 81 per line.
The herald., 1896-03-26
d, FREEMAN, Owner.
sos 5. Spring ST., Los Angeles.

II peaches, prunes and figs, near city, railroad,
school and church; moist soil; as fine as Lhe sun
shines on; in bearing: healthy, vigorous growth,
at $25 an acre and the cost only OF preparing plant
ing and bringing TO its present productive cond-
tion; this orchard needs no irrigation; you are noL
wading in water and mud nine months out OF the
year. up to your center of gravity, to keep life in
your trees, besides paving as much for water AS
the profit on your crop; have had years of pract
cal experience and know what / am saying when
tell you, MIR. Tenderfoot, that there is not an
acre of ground in this country of climate that is
worth moe than $50 acre; the only curse rest
ing on this beautiful land Is the oulrageously ex
orbitant price of raw land demanded by these shy
locks who selling it, and you tenderfcet the
deluded victims who are furnishing the pound of
flesh. Paste this in your hat and address
OWNER, w. G, T., L, bldg q II
The herald., 1896-03-26


A F. sLOPER, HOUSE MovER-oTFI(
a. 113 N. Broadway.
The herald., 1896-03-26
RESTAURANTS

TIME NEATEST LITTLE DINING ROOM
L IN the city is the Hotel Clarendon, 40s S. Hill
ST., Albert Stevens, prop; home cooking; prices
reasonable; q meals, 81 breakfast from $3.50 to
9:30 lunch. IL to p M; dinner, $50 to 7:3o:
erythng new. Al
The herald., 1896-03-26
OUR CREAMERY AND OFFICE is

DERSONAL-JUSTL LIKE FINDING MONEY.
l. That's what people say who have tried small
adj in The Herald. They don't cost much, blit the
results are simply marvellous In this popular de-
partment The Herald has made a gain Of more
than no per cent in the past few months Big cir
cuatiOn counts The Herald has It. If yon want
to talk to half the people in Los Angeles and other
parts of southern California, try small ad. In
addition te The immense aud rapidly increasing
circulation OF The Herald, its sales by newsboys.
gu trains, al hotels and summer resorts make it
the advertising medium of the Pacific coast.
Look Ovdr these small advertiscm ents today.
They will interest you and may make you some
money
Tomorrow try one. The results will be both sur
prtsing and satisfying 6-3tf
The herald., 1896-03-26

THINA AND GLASSWARE REPAIRED,
~ rveted cemented; specially of repairing
fans. V. 4. REUTER-, III W. sixth. 3.,I-e6
YJ,HE SUPREME LODGE OF THE FRA
i ternal brotherhood, rooms - and 26, Pirtle
blk. tirst-class organizer wanted. 4-21