davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
NO EXCLUSIVE FRANCHISE.
Important Decision of the Court in Wes-
terly Water Works Matter.

In the case OF Orlando X. Smith ct nj.
rs. Town of Westerly ct al. and Louis w.
Arnold ct al. VS. the same, the opinion OF
the appellate division of the Supreme
Court on the demurrers was today filed.
The first case is one brought by certa in
taxpayers of the town of Westerly
against that town and members OF the
Town Council and other town officers to
enjoin them from proceeding further with
ths erection of water works or the pur-
chase of land or the expending OF any
money for the same. The Arnold case was
brought by tax-iayers in the same town
against the same parties as in the other
1uit.
At town meeting held in Westerly
April IL, 1895, it was voted TO build water
works, and a committee was appointed
to carry out the intention ot the electors.
The Westerly water wo'ks company
claimed an exclusive franchise for the
putting in and maintaining of water
pipes in the highways of the town
named. Certain citizens objected TO any
action on the part OF the town looking
to the building Of water works and
brought the present csses.
The princi al questions raised by the
pleadings were, did tho contract between
tn town and the Westerly Water Works
Company give 1t the exc lusiye right 10
use the highways OF the town for the
second, had the town OF Westerly a right
TO build water works of Its own; ard
third, il it has such right did the vote Of
the town passed in April last authorize
the constr ction OF such water works.
The town OF Westerly was made a .party
TO the b II by direct order OF the court.
In the opinion, which is written by
Judge Til inghast the court decides that
the contract entered into between the
town of Westerly and the Westerly Water
Works Company did not give the latter
the exclusive right to use the highways OF
that town for the laying and maintaining
OF water pipes. Tho town OF Westerly. IL
Is declared, has the right 20 build water
works of its own under the present laws
OF the State and the vote OF last April by
the electors OF the town TO build water
works is declared q valid one.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26

against J. +. Bacon. 1t was at this time
that Ir. Evans began to study figure skat-
Ing and its artistic possibilities in the way
Of working out original designs. He first
drew his figures Oh paper and afterward
produced thom on the ice. With remark
able perseverance,, he was finally satisfied
that he would some day master the art
In those days 1t was considered quito q
feat to write ones name on the ice by us
ing both skates. Sometimes il was accom-
plished by striking the toe of one skate in
to the loo and cutting out the letters with
tho other skate. This kind of work was
child's play for Mr. Evans, and he proceed
ed TO write his name in an entirely new
manner, by using only one skate.
His progress at tho start was rather slow,
but sure, and In 1880 he captured third
prize in tho New England skating cham
pionship. Since then he has gradually
worked his way TO the top rung of tho
championship ladder.
In 1894 Mr.. Evans was champion for
the first time, securing FIRST honors in tho
Canadian tourSsm held at Ottawa, but
he lost this title the following year. Mr.
Evans had by this time acquired quito u
reputation as a fancy skater. but when no
entered the New York tourney for shc
championship of America It was not
thought that he could successfully cope
with Champion Phillips. The Boston
skater, nothing daunted, entered tho sists
and at once went TO the front, although
Phillips was quito dangerous until 1t came
TO the intricate figures. At this kind OF
work Evans had it all to himself, and in
tho end he won by seven points.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
LATE SPORTING NEWS.

The annual meeting OF the intercollegiate
Association of track athletes OF America viii
be held at the Fifth Avenue Hotel. New York,
Saturday.
"Eilly" Smith, Boston welterweight. is said
to be dangerously sick in London.
The track at Monmouth Park will open May
%, for a six days trotting meet.
The Sun says that Jem Mace. the old.time
beavyweight, intends TO enter the ring again.
and has expressed desire to meet Jim
Stewart. in a four.round bout. Stewart is
the champion heavyweight of Scotland. Mace
is willing to wager any amount on the result.
Solly Smith of Los Angeles wants TO co
up against George Dixon in contest fo- IN
durance. lie says he can get hacker with
$1,000
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
NO SHIP READY.
Request 10 Send a War Vessel 10 Mica
rauga.

WASHINGTON, Feb. 26. The state dc.
partment has been advised by United
States Minister Baker of the threatened
revolution in Nicaragua, and the minis
ter has also asked to have a United States
warship stationed at Coirnto, although
the officials will not confirm or deny this,
Probably the reason for declining to
admit the fact is that the department has
found ITSELF after communicating with
the navy department, unable to comply
Immediately with the minister's request,
owing to the absence OF any United
States naval vessel from the vicinity of
Corinto. Unfortunately the United
States ship Alert, which has eben at San
Jose in Guatamela, sailed from that port
yesterday for Acupco, Mexico aud SO got
beyond the immediate reach of the navy
department She should, however, reach
Acapulco by Saturday or Sunday and
shew i'll there receive orders to turn south
ward again and GO to Corinto. Although
this Will bo done in Difference to Minister
Bakers request, it is not believed at the
departments shat great emergency exists
in Nicaragua.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
Might Bo Tut 90 Generating Electricity
When Engaged In Indoor Exercise.

Might Bo Tut 90 Generating Electricity
When Engaged In Indoor Exercise.
Among recent Developments TO which
the widespread uso OF the bicycle has lod
IL machine for enabling tho cyclist to
train or tako bis exercise indoors in bad
weather. The ridcS,sits on the saddle and
works tho pedals ii the usual way, and
while tho wheels rovo!vo, their force is OK
pended on the turning OF an endless bcit,
and the bicycle neyor moves from tho
spot. 1t has occurred to q French elcc-
trician that soino useful work can be done
at tho Same time lie has accordingly de-
signed an apparatus, in which tho driving
wheel of safety bicycle Of the usual type
Is raised from tie door, and, by means OF
n strap and speed gearing, made to drive
a small dynamo, which Is used to charge
accumulatOrs.
This idea of turning exercise into Jiso-
ful product outsiio OF its own special pur-
peso is capable Of wide application. ono
instance OF Il win readily DO remembered
Manson, i'm fitting out the Fran for his
rash arctic expedition had capstan placed
on deck, the shaft uf which was connected
by gcaring with tho ship'a dynamo.
Tho objcc: Of this was that in tho lone
dark winter Of the polar regions the Grow
should daily take The exercise needed TO-
health, hy doing their SHIFT at tho capstan,
and at tho sDmo t!no generate the cleo
trioity recded FOR lighting the ship In
somo English prisons, where tpo cnorgy
derived from tho working Of the troaanNl
by the convicts has hitherto been INSULT
ciently utilized, it Is now proposed 70 tura
IL TO tho generation of electricity for light
ing the buildings, making the prison IT.
dustrics more remunorativc and giving thJ
prisoners a trimming which will onGhlJ
them TO live honestly whom they arc dis
charged
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
DEATH NOTICES.

ALLEN--In this city, Feb. 25. LOWS l.. Allen,
aged 80 years.
BRIGGS-In this city, Feb. %, Jennie T., wife
OF Charles l.. Briggs. aged ~ years.
CLARK - In Johnston, Feb. S5. Florence
LILLIAN. daughter of Edward q. and Lillian
+. Clark, ng0d month and q days.
FRANKLIS-At Plainhoid. ". j., suudonly,
Feb. o, Sarah A. Franklin, widow OF Will
lam q. Franklin aud daughter ot the late
Christopher V. and Ann Loriso Spencer,
formerly OF this city.
GOODSPEED suddenly, Feb. 25. at East
Greenwich, Charles III. Goodspeed, aged
% years.
GREENF-In old Warwick. Feb rs. Richard
Greene, son of the late Captain Richard
Wicks Greene. aged eS years. .
HowE-In Cumberland, Feb. "a, Catherine,
widow of John Howe. aged 20 years.
HATHkwAY-Iu this city. Feb %, Mary
Eliza, wife of James B. Hathaway, aged a.
years.
MAuRAN--In this CITY. Feb. e. suddenly.
Frank Mauran, son OF the late Carlo and
sally :. Mnuran, aged 10 years.
MORkISON-h, ATburn, Feb. -, William
Morrison, aged o. years
NYE-In westcGtt, Y. l., Feb. "a. Catherine.
wife Of William Nye.
RISLEY-suddenly, at Riverside. East Provi-
dence. Feb. p, Timothy Risley. aged 20
years.
SNTrn-In Johnston. Feh. %. William Man.
chester smith, aged 81 :eaIs, months
and days.
TACEY Suddenly, in Johnston, Feb. %.
Jesss Tacoy, aged % years.
TACEY-suddeniy, in Johnston, Feb. 25, Jesse
O., son OF Ann and the late Jesse Tsoes.
aged "a years.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
BRIEF DISPATCHES.

The A. p. a. State convention was I'm ses-
sion this morning at Peoria. H.. till o'clock
and at the last moment3 G. p. johnson of
Springfoldl was reelected president by n
large majority over ". L. Sackett of Morris.
George Watson, wealthy clothing mer-
chant Of Newark, n. J., who has lived at tine
Gilsey House, New YORK, with his wife and
son since October, committed suicide IN his
room shortly after o'clock this morning by
cutting his throat with a razor. Worrying
over business annoyances is the supposed
cause.
A special from Franklin, Ky, says: The
Werner Thompkins contest was reported in
the General Assembly today. II Thompkins
is unseaied, Hunters election is assured.
There is much excitement. Threats Of force
TO keep the Republicans from taking the seat
are being made.
The Congress OF Honduras has ratified the
treaty OF Union, which was celebrated in
June last between Honduras. Salvador and
Nicaragua.
Lawrence Whitney, n senior in the scientific
department of Yale University. died suddenly
this morning Mt the residence OF his father
Stephen Whitney, at New Haven. He had
been i'll with measles and was thought to he
on the road TO recovery, when pneumonia do.
veloped he was descendant Of Eli Whitney
Of Cotton Gin fame.
Mr.. Arthur Gilman, the regent of Radcliffe
College. Cambridge Mass, will sever his con-
nection with. .thati institution at the close OF
the present collegesyear. bis resignation hav-
ing been presented 10, and accepted by the
corporation. Mr.. Gilman gives as his reason
for leaving his labors desire 10 he relieved
from the heavy responsibility which has
rested on his shoulders for many years.
The Bryce block Port Huron, Mich. occu!
pied by Meisel Brothers, dry goods and M. g..
Young, shoes, burned this morning. Loss,
500 COO; insurance about SG0000.
Rear Admiral Joseph Fyffe, U. S. N, re-
tired, died in Omaha. Neb.. last night. after
an illness of about three weeks.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
Champion Herbert Evans.



Herbert S. Evans of Boston now stands
at the head of the list of fancy skaters In
this country, having won the amateur fig
ure skating championship Of America at
the recent tournament In New York by
defeating the former champion, q. d.
Phillips, and host OF other aspirants for
tho honor
Mr.. Evans is a prominent young Bos-
tonian and is engaged in the real estate
business at tho Hub. He Is Of rather slight
build and Ia little less than medium
height. He has always been fond of skat-
ing as a sport, but 1t was not until about
six years ago that he realized the artistic
possibilities OF the sport. Having decided
TO master the art of skating, ho set about
TO accomplish the task in his own way,
totally disregarding the methods employed
by other crack skaters. Mr.. Evans has
brought out whole lot of now things,
and his originality forms ono of the chief
characteristics of his work.
Mr.. Evans made bis fist appearance as
figure skater in 1889, when he made a
try for tho Massachusetts, championship
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
Christian Endeayor Union.

The regular bi-mouthly meeting OF Tire
Providence Christinn Endeavor Union at
the Union Congregational Church, this
evening, promises 20 be exceedingly in
sefcsiirg There viii be- Iraise service
vt 7:20 y. M, followed by devotional SER
vices, conducted by Rev. Wallace Nut
ting, ID. D., Miss \. q. Tillson, sccre.
tary OF the Massachusetts, Union, will
read an original story, "How the Local
Union Made the Nest of JUS Oprortuni-
tirs" A Christian Endeavor prayer and
fCll wship service. conducted by Rev.
George a Smith. follows he TOPIC beinR
"N Rat More Csn ne fc End DO for Christ
end the Church?' At9p. m, social
hour will be enjoyed in the church par
lars
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
A SNATCH THIEF.
Stole a Purse Yesterday and Was Caught
Today.

As Mrs. Washburne of 103 Prospect
street came out OF Shepard & Co. IS store,
on Westminster street, yesterday after
noon, she accidentally dropped her purse,
containing 30 and some checks. She turn
ed to PICK il up. but foun that a colored
man had done this for her, bur he retain
ed the purse The case was re- urted to
detective Parker, who detailed detective
Cannon TO look into the matter and today
he succeeded in finding Walter Stewart,
who was seen By one or two other rer-
sons to pick up tee purse. At first Stew
art denied al knowledge OF the affair.
but afterwards admitted that he had
spent portion Of the money. lie was
locked. OPP and will be taken before
Judge Sweetlsnd in the morning and
charged with stealing the purse and its
rontqntg
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
Printers Want Their Bill.

The trial of the suit -ef-Gasey Rreth-rs
against George W. Morgan to recover
sl5.45, alleged TO be cue for printing
done on the Republican sun, in March
last, was begun in Judge Rogers court
this afternoon.
The jury in the suit Ct Leharding VIII
liams vs. Jose l.. Dsmszo, brought in a
verdict In favor Of the plaintiff for the
full mount of her claims.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
BOTH DEAD.
Victims of ASphyXiatiOn
in Newcastle.
The Woman Was Found Dead
Oh the Floor.
Her Companion Will Probably Not
Recover.

NEwAsTLE, Pa, Feb. 26.-Max Thomp-
son, superintendent OF the Rsney and
Berger furnaces was found in his Office
this morning, insensible, and lying dead
on the floor near him was Mrs. Carlisle,
wife of well known citizen. The woman
had evidently been dead several hours. 1t
is supposed that they were asphyxiated.
Thompson is married man. His re-
covery is doubtful.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26

Heavy shipping hogs, s3 6oa3 30.
Cattle, 5000.
Sheep. $4,000.
May wheat puts 66ls-l4; calls 673sa.
May corn puts 305s; calls 30'sb.
Curb wheat $685..
PROVIDENCE CLEABING HOUSE.
The clearings of the Providence ban ks
today amounted to $3.50. 800.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
Arms and Ammunition Wanted.

NEW YORK. Feb. 26.-There were no
developments this morning in the case Of
the Cuban iiliubstererers who were arrest
ed on Monday night by the United states
marshal, McCarty, on board the English
steamship Bermuda of Liberty Island. In
official language the steamship Is still
'detaiped" and the lighter J. S.stranahan
Is still et the barge office, where her
freight OF many tons OF arms aud ammu-
milton ere carefully guarded by federal
ofticpre
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
FINANCIAL NEWS

WALL STREET, IL a. m. Leather prefer
red was offered freely after 1915 and
yielded 3-S per cent. 10 6ilQ. The sell
ing was based on a belief that the divi-
dend question would not need discussion
by the stockholders today The general
market disp aged a reactionary tendency.
The loses, however. Were confined to frac-
tional limits.
New York Stock Quotations.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
AGALYsIS or THIRD HAND PLAYS.
From Collins "Gisb Of Whist."1
Plain suits. Play on original lead Of

ta) Play l. TX strong in trunps X IL weak.
(b) Holding tho major tonance, lnosse on
second round If strong in trulaps. Holding
tho minor tenance, hnosse also if the best card
lies on the left.
DIEDRICH.
Knickerbocker Whist Club, New York.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
Yesterdays
WHEAT.

New YORK, Fe 26-Wheat receipts
IL, 100 bushels; sales, 6C0 600 bushels.
Options opened eak under disapp int
ing cables, rallied n C yering but again
73 l-le@73l2, June 529i@7S, July AZ
5-S(G73 1-16
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
BRIEF LOCALS.

The barge Western Belle that went ashore
on Mussel Bed Monday afternoon, was taken
of at high tide last evening by the tug
Underwater.
Some ole thermometer worth 81
from the s--"olhouse at the corner Of Atwells
avenue a. Messenger street this morning.
The p"licemen OF the city have been asked
TO find 200 bricks. a lot Of mortar and an
empty flour barrel, which were stolen from
II. f. Barney, at the corner of Meeting and
Thayer streets last evening.
Arpod Podllner, rag pedder, reported TO
the Central police station last evening that 81
pounds OF lead had been stolen from his cart,
at the corner OF Fountain and Lemon streets
yesterday afternoon.
superintendent Of Schools Tarbell returned
from Jacksonville yesterday.
The committee ON claims will meet in
room II, city hall. at 2:S0 p. N. tomorrow,
and that on education will NEE. in the school
department at 4 o'clock.
There was an alarm from box 81 at y
o'clock this morning for a roof fire at William
II. Murphy's blacksmith shop, 40 South
Main street. officer Tooie gave the alarm.
Sergeant Bennett heard pistol shot at 3 :25
this morning, while he was standing at tho
corner of Eddy street and Potters avenue. Ho
locked about the premises for an hour or
more, and did not succeed in finding even a
dead cat.
In the United States Court today the case OF
Proctor vs. Chase has occupied the atteu tion,
cross.examinstion lasting until close OF court.
Nothing new was brought out, however.
The police detail at the Union Station will
be discontinued this evening.
Hose IL extinguishe ed a slight ire in a house
owned by Mrs. j. Coyingtop, "a Carter street.
this forenoon.
.rho four-story building at Eighth and oley
strcois, Reading, Pa, occupied by ,ha star
Mactino Screw Works, Joseph McConneli's
nickel. plating and bicycle works. and A. J.
Brumbsch's pantAloon factory. was destroyed
by Gre early today, with all the contents. The
loss will reach SO 1000. over 250 persons were
thrown out OF employment. he oIi.in of tho
q re Is unknown.
Mark a. Blaisdeii, n well-known member OF
tho Suffolk Couny bar, committed suicide at
bi. home in Roxbury, by shootiag Though
years OF ace. lie had been In o depressed
state OF iniBd for some time. owing 10 busi.
ness troubles. and A. 4. thought this morn.
ing's act was the results OF such worriment.
wife and two children survive,
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26

WAsHINGToS, Feb. m.-For Massachusetts,
Rhode Island AMI Connecticut--s threatening
weather with possibly iight snow; Thursday
unsettled weather, probably with rain or
snow; warmer: easiorly winds. becoming
sruth westerly.
Mutnt. Now HEinrshiFo and Vermont -
Threatening weather: probably with snow
tonight and Thursday; warmer; southwest.
erly winds.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26

TODAY FEB. 20 1896 TODAY
sarometer and Thermometer from the city Rngl-
neer's der artment weather 5ureau a. ga la
rometer reduced TO n sen level:
THIRMoAKr2a BARoMprun
To-day ...............lL50 sos3
Yesterday a........ .22o0 1855
The day Is II hours and m mute long
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-12-17

and sale of commodity-beer. This ere
ated trust within the meaning of the
statute, and the contract is therefore
absolutely void and not enforceable,
either in law or equity unless the con-
tract is exempted from the operation Of
the statute by that provision of the con-
stitution of the United States comforting
upon congress the power to regulate COM
merce among the several states.
Third-In the celebrated "Original
Package case" of Levy VS.. Hardin, 135
U. S., p. 100, the supreme court Of the
United States held that beer imported
by resident of one state into another,
for sale, retained its character as an ar
ticle of interstate commerce, exempt from
regulation by the statutes of such other
state, until disposed of by such non-resi-
dent importer in such other state in the
original package in which it was import
ed. AS we understand this and other
decisions of that learned court, such arti-
Giles lose such character and exemption
and SO become part of the common mass
of property within a state as to be sub
ject to its unimpeded control" when SO
disposed of by such nonresident i'm
porter, or when offered for sale by him
in broken packages or by retail. 1t is
clear then that when any shipment of
beer was delivered under the contract
by the company to kingsbury, at ANA
rillo, the title thereby vesting in him I'M
der the terms of said contract, the same
ceased to be an article of interstate com
merce, and, in so far as the contract dealt
with it thereafter, it was not contract
with reference to an article of interstate
commerce and the provisions of the con-
stitution of the United States above men-
toned does not prevent the trust statute
of this state from invalidatng same. The
case then comes to this: The parties con-
tracted for the sale and purchase of beer
to be transported from Milwaukee, Wis,
to Amarillo, Tex, to be there delivered
to Kingsbury and become his property.
So far the transaction was interstate
commerce and not subject to state regu-
lation, nor did the statute undertake in
any way to regulate or prohibit same.
But the parties, by the same contract,
voluntarily went further and SO dealt with
the subject, after it had ceased to be an
article of interstate commerce, as to Gre
ate trust in violation of the statute.
The faint of ilegality affects and destroys
the whole contract. The commerce
clause of the federal constitution was
not designed to protect the contractural
rights of a person who thus voluntarily
intermingles an otherwise legal inter-
state commerce transaction with an en-
tirely local and unlawful one.
On August 8, 1880, congress passed an
act intended to remedy the difficulty re-
sulting from the decision of the "Origi-
nal Package case" (28 Stat. 313, c. 1881
This statute seems broad enough to ap-
ply to this transaction, by subjecting the
beer to the operation of the state stat
ute upon its arrival in the state, instead
Of when sold by the importer, as held in
the Original Package" decision. The
Judgment is reversed and rendered for
defendant below.
Opinion by Denman.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-12-17
FREE PILLS.

Send your address to Fl. q. Buckien
& Co., Chicago and ge- free, sample
box of DR.. Kings New Life Pills. A
trial will convince you of their merits.
These pills are easy in action and are
particularly effective in the cure of Con-
stipation and Sick Headache. For
Malaria and Liver troubles they hav
been proved invaluable. They are
guaranteed to be perfectly free from
every deleterious substance and to be
purely vegetable. They do not weaken
by their action, hut by giving tone to the
stomach and bowels greatly invig ,rate
the system. Regular size 25 cents per
box Sold by G. o. Yates, druggist.
219 East Sixth street. Austin. Texas.