davidaulloa/AmericanStories huggingface dataset:
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1898-03-08
CIT IN TIE RATES WAS TOO HEAVY.
Nebraska's Attempt to Regulate Railways
Fails In the Supreme Court,

Fails In the Supreme Court.
Washington, March s.-The Nebraska
law fixing maximum rates for freight
transportation on the railways in that
state-only in the state-was declared
unconstitutional by the supreme court
yesterday, not because the state has no
right To dictate what a railway shall
charge for the use Of the facilities but
because the maximum in the opinion Of
the supreme court OF the United States
was fixed at too low a figure The prop
osition laid down By the supreme court
that covers the case is this:
While rates for the transportation
of persons and property within the lin
Its OF state are primarily for its deter.
mination. the question whether they are
so unreasonably low as to deprive the
carrier OF its property without such
compensation as the constitution Sc
cures. and therefore without due pro-
c"ss OF law, cannot be so conclusively de-
tcrnined by the legislature of the state,
or by regulations adopted under its
authority, that the natter may not be-
come the subject Of judicial inquiry"
Justice Harlan. who wrote the opin-
ion. made an exhaustive examination
into the effect Of the enforccm cnt of the
rates prescribed upon the business of
the different Nebraska lines. showing
the reduction to amount to 2950 Ter
cent. for the years 1891. 1892 and 1884,
The result was to show that each of the
roads involved would for this period
have conducted their business at a loss
with only one or two exceptions, and
those for only a short while.
Referring to the arguments on the
two sides Of the case as to what are
reasonable charges, etc. the opinion
laid down the following: I'VE hold that
the basis Of all calculation as TO reason
abieness Of rates to he charged by a
corporation maintaining a highway I'M
der legislative sanction must be the fair
value OF the property being used by it
fer the convenience Of the public. And
In order to ascertain that value the
original cost Of construction, the
amount expended in permanent i'm
provements. the amount and market
value Of bends ard stock. the present
as compared with the original cost OF
construction. the probable earning ca
pacity Of the property under any rates
prescribed by statute. and the sum re-
quired to meet operating expenses are
all matters for consideration and to be
given such weight as may be Just and
right In the particular case.
What the company is entitled to ask
Is fair return upon the value CT tina:
which II employees for the public con-
venience. On the other hand. what the
public Is entitled TO demand is that no
more be exacted from It for the use 81
a public highway than the services
rendered by IL are reasonably worth"
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1898-03-08
|2{I!l!l![2!IEI!lE|

Have you Sore Throat. Pimples, Copper
C0bred Spots. Aches, Old Sores. Ulcers in
Mouth. Hair Falling? Write Cook REMEDY
Co., 920 Masonic Tempe. Chicago, ILL.,. fox
proofs OF cures; capital, 3500, 900. Wofst
Gases cured IN Is to IS dayA 10cpsge
book frea
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1898-03-08
sPEAKER AND BAILEY HAVE A spAr
rexaa Rescnts Jeers with . Retort That Ii
Not Cour,eouSS

Washington. March s.-Bailey having
been denied more time for discussing
The bill for two additional regiments Of
artillery yesterday took revenge by in
augurafing a filibuster on the District
OF Columbia bin. Roll-call followed
roll-cail for two hours. When the con-
fusion Of tie floor became such that Or
DER was called for. the speaker request
&c all members TO take their seats. Bal.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-12-23
Dress Good Patterns

we are 'ho~ing big line Of excIus:ys
patterns both i" design and quality. A
good scrviceshle present could q mad.
!" THIS line. and ". propose t. civ. x,r
''i' "es' oi values. We will ,nv.elore
The herald., 1898-06-15
CLAIM A $35, 900 CREDIT
The Defense in the State Loan and
Trust Company's Case

Quite lively discussion was precipitated
yesterday in the case of the State Loan and
Trust company against John Bryson and
others when the defense attempted to prove
the value of certain real estate which the
plaintiff claimed was practically worthless.
The realty in question is 100 acres of land
in San Bernardino county, on which Hunt.
the defaulting secretary, had loaned $4,000.
He also took as security for this loan $26, 0o0
worth of Rialto Irrigation company bonds,
which were afterward sold by the Loan and
Trust company for s2O,5o0, sum more than
paying the principal. but making small pro-
vision for the interest due. The land was
then appropriated by the Loan and Trust
company. and in this suit no credit what
ever is allowed for it. and the company asks
for Judgment against Hunts bondsmen for
the interest due on the loan, about $500.
The defendants introduced a number OF
witnesses to prove that the land is worth
from $50 to S100 per acre, and they contend
that they should therefore be credited with
at least $35, 000 in this one item alone.
The case will probably occupy the re-
mainder of this week in Judge Shaw's
court.
The herald., 1898-06-15
TAPE GAMES STOPPED
SHERIFF BURR WILL NOT PER-
NIT THEM TO RUN
WILL ARREST THE vI0LAT0RS
II They Persist in Their Operations
in the Suburbs of the Southern
Part of the City

Sheriff Burr Is determined that the no.
torious gambling devices operated by Black
and Fitzgerald, and known as the tape
game" shall be stopped. He was informed
on Saturday that Fitzgerald was running
the business full blast in a room not far
from the end of the University street car
line, and Under Sheriff Clements called on
the offenders with authority to arrest the
proprietor of the place if operations did not
cease forthwith.
Fitzgerald made the plea that he was
willing to discontinue the conduct Of the
place, but stated that his establishment
should not be closed up unless his old part
ner Black received dose of the same med
icne He then gave Clements information
as to the location of Blacks game, and
Clements found 1t enjoying the patronage of
q number of suckers" in a room very close
to the main entrance of Agricultural park.
Black was also notified and duly closed up
but information was received by Sher #
Burr yesterday morning that he had
opened up again. The sheriff telephoned
that If any further complaints were re-
ceived the offenders would be arrested
without further parley or investigation.
The question of the legality of such a
game IN Los Angeles mas Deen passed upon
by Justice Morrison, who decided that The
game was not violation Of the California
statutes, but the sheriff does not agree
with that court, and if he could but get a
prosecuting witness he would proceed at
once to make a further test of the laws
and ordinances that may have bearing in
the matter. If the places continue to be
the subjects of even indefinite complaints,
however he will take the bull by the horns
and make the test on his own responsibility
The herald., 1898-06-15
FINE TOBACCO PLANTS
Growing on City Lot-Donations
Received at the Chamber

Fred Barrett of 243 West Twenty-second
street reports to the chamber of commerce
that he has one hundred fine tobacco plants
growing on his place equal to any raised in
the east. Persons desiring information on
the subject of tobacco growing can obtain
it by calling on Mr. Barrett.
Rev. Mr.. Miller of Lordsburg informs the
secretary yesterday that in consequence Of
not being able to make satisfactory arrange
ments, the Dunkard annual meeting for 1890
will not be held in Los Angeles.
Reports received from the custodians of
the Los Angeles county exhibit at Omaha
say they had tremendously hard rain on
Thursday evening last. Considerable dam
age was done to the exposition grounds and
the lagoon, but the horticultural building
in which the exhibit is situated escaped in
jury.
John e. Packard brought in three boxes
of lemons yesterday for the Red Cross
society. L. S. Kumfelt has added cocoa
fiber basket and hammock to the South Sea
island collection. Miss Crane of D0arte ex-
hibits some brilliant blossoms of cacti. Miss
Pitcher, president of the Pasadena Loan
association, is cleaning and arranging the
chronological exhibit preparatory to having
it photographed in few days.
The herald., 1898-06-15

night The Chinese understood English
'lfttee bit," but they wanted an interprc-
ter. The Chinese interpreter, Chan Kin
Ling, being absent, a coolie who said that
he heap sawed Mclean was selected to
explain to the other man that they were
charged with an infraction of the laundry
ordinance. He began to argue at once, and
not be a circumstance to the court room
with all the Cantonese gable that was
emitted by the three excited coolies. Bail
If Appel came to the rescue. II believe,
your honor, that can interpret better than
that fellow" he told the court. "Well, try
It," encouragingly replied Judge Morrison.
Thereupon the bailiff tackled the two
Cinnamon thuswse: Him say" pointing
TO the arresting officer, Jack Lennon, "you
too muchee washee last night apta clock;
whatchouysay? You do him?" YES"
retorted one Chinaman. you do him >"
to the other. Eyes, I do him." "They plead
guilty, your honor" exclaimed the bailiif
triumphantly. II knew could interpret
better than that fellow"
The court then fined both laundrymen
s. apiece. and told the bailiff that while he
thanked him for interpreting so well he
was sorry he could allow him no fee. The
two Cinnamon. who paid their fines smi!-
the joke the least, and they heartily Joined
in the chorus of laughter when the bailire
proclaimed that they admitted their guilt.
The herald., 1898-06-15
Court Notes

Judge Van Dyke yesterday granted Eva
Currier a divorce from her husband, A. B.
Currier on the ground of cruelty.
The matter of the incorrigibilty of Emma
Rempigler, who is charged by her mother
with liking the opposite sex too well, will be
heard before Judge Van Dyke on June 18th.
Thomas Rice of Rice Bros, grocers, was
given judgment for s69.10 against William
West in Judge York's court yesterday The
amount was a balance due on account.
Kentura Old has brought suit in the SUI
perior court against Paul H. Lammert and
others to quiet title on lot 16, block 2, Of
Niles addition to the Morris Vineyard
tract.
Frank Gregory, native of England, be-
came a citizen of the United States in Judge
Aliens court yesterday.
R. G. Alexander, dealer in art goods and
manufacturer of picture frames at GIL South
Broadway, filed an insolvency petition in
the county clerks office today. His la
bilitieS are placed at s2O75.s6 and his assets
consisting of personal property, are esti-
mated to be 1886.
McHenry and Catherine Pierce formally
adopted Phoebe Andrena La Plant yester-
day in Judge York's court. The child Is but
four years old
The herald., 1898-06-15
TO FIX WATER RATES
Bear Valley Irrigation Co. Brings Suit
Against Riverside County

Yesterday an interesting case was on trial
In the United States court in that of E. H.
Spear, receiver of the old and the new Bear
Valley Irrigation companies, against the
supervisors of Riverside county.
The case will virtually decide the right
of county or municipal authorities to deter
mine what rates shall be charged for the
water. The supervisors in question, Messrs.
John Shaver, A. Compton, F. NJ. Dunbar, j.
M. Edmiston and H. C. Thompson, adopted
table of water rates to be effective on
March Is, 1897, to apply to the people of Ales-
sandro and Perrs irrigation districts. These
rates were to be 16 cents for continuous
flow for each "a hours of each inch of water
under four-inch pressure, during the sum-
mer months, and five cents during the win
ter for irrigation purposes. The domestic
rate was to be 81 per month for family use,
with slight charge for stock, ETC.
Receiver Spear asked for ruling that the
rates be declared void as their enforcement
would practically confiscate the properties
The herald., 1898-06-15
AGREEMENT MISUNDERSTOOD
Two Men Already Sentenced Liable
for Two Other Offenses

Deputy District Attorney Williams yes
terday asked for stay of commitment in
the cases of William Mcmahon and John
Woods, sentenced to five years in Folsom
penitentiary for robbing ]. NJ. Lugo. The
men pleaded guilty to the charge of grand
larceny and their attorney contends that
they SO pleaded with the understanding
that two other complaints filed against them
should be dismissed. The district attorney
says that no such agreement was made and
wants them tried on the other complaints.
Mcmahon and Woods were convicted sew
eral years ago of robbing the store of Cyrus
Cary on Commercial street. and for this
complaint of prior conviction is entered
against them. The last crime with which
they are charged is that of robbing J. B.
Kemper of $3S on April 4th of this year. Dep
uty District Attorney Williams believes
that had the court known all these facts the
men would have received much heavier pun
ishment.
A stay of commitment was granted until
the attorneys can decide what was the
agreement between them.
The herald., 1898-06-15
REFUSES TO PAY LICENSE
E. c. Dieter Thinks Slot Machine
License Superfiuous

On complaint of the county tax collector.
the district attorney yesterday issued an
attachment against E. C. Dieter, the pro-
prietor or marager of a cigar stand in from;
Of the Ramona hotel on South Spring street.
The tax collector alleges that Dieter en-
ploys a nickel-in-the-slot machine as q
means of increasing his business in the sale
of cigars and tobacco, but persistently re-
fuses to pay the license as required by Sec
ton So of the county ordinance imposing n
license on all merchandise Observation-Disclosures
machines. This section reads as follows:
Every owner. manager lessee or ope-
rator of any of the devices known as
'nickel-in-the-slot machines for mer-
chandise shall pay a license tax of S.
per quarter on each machine, and this
section shall apply to all machines of
this character without regard to the
kind of coin, check or other substance or
article dropped in the slots of said ma
chine. Any person who has any of such
machines in his place of business shall
be deemed the manager thereof and shall
be liable to pay license herein provided
for.
Dieter is now behind $40 in the payment of
his license under this ordinance and will be
forced to pay the amount Immediately.
The herald., 1898-06-15
WAS NOT EMBEzzLEMENT
s. G. Baker Did Act as Agent but Did
Not Steal

Judge Aliens court was occupied most
Of the day yesterday with the case of L.
Langley against S. G. Baker. The plaintiff,
who is a wealthy farmer of Redwood City,
alleged that Baker had collected $193S in
rents while acting as his agent and had
failed to turn over or account for but
S795.65. OF this amount s36965 had been
paid by Baker in taxes, and according to
plaintiffs statement the defendant had
only turned over s426 as actual payment
of the amount collected.
Mr.. Langley therefore asked for judg-
ment against Baker for the balance, and
sought further that the court should adj
judge the defendant an embezzler, thus
giving ground for criminal action.
The defendant claimed in his answer that
he had never acted as Langley's agent,
and that he had merely paid plaintiff GER
tain amounts for the use of land on which
he held lease. He further contended that
he did not owe Langley any sum what
ever
The court granted plaintiff judgment for
s691.95 and costs, but refused to adjudge
the defendant an embezzler.
The herald., 1898-06-15
A SPLENDID OPPORTUNITY

An accurate time-keeper is a nice
thing to have in your pocket. but it
usually costs money. The Herald,
however, offers its subscribers a.
chance to secure a fine watch free.
Those competing for it will also have
an interesting and instructive spell
ing school exercise. See if you can
"spell down" The Herald. The paper
offers an elegant gold watch to the
person who discerns the greatest num-
Der of misspelled words in its adver-
Using columns during the week end
ing June 18th. Full particulars Of
the contest may be found in an ad-
vertisement appearing elsewhere in
this mornings paper. It is rare
chance.
The herald., 1898-06-15
TIME WORKS WONDERS
Brainerd Damage Suit Against the
City Dismissed

An old case was settled in Judge Yorks
court yesterday by the dismissal of Henry
G. Brainerd's damage suit against the city
of Los Angeles. The action has been pend
ing about four years, and was one in which
the plaintiff sought to recover $4,000 for
damages alleged to have been sustained by
his property in the grading of a street.
From the Information given In the petit
ton. it looked as though the plaintiff had
excellent cause for action, out the case
was dismissed by agreement with him, each
side paying its own costs.
In the grading of parts OF Warren and
Brooklyn avenues on Boyle Heights In 1894,
Mr.. Brainerd's property was left eighteen
feet in the air, with no means of access.
ingress or egress to or from the house. For
this kindness he was assessed the sum of
s3s2.O4. His natural indignation prompted
the bringing of damage suit Immediately
but with time the indignation seems to have
gradually worn away and finally entirely
disappeared.
The herald., 1898-06-15
Marriage Licenses

James Harvey Mcguire, %, a resident of
Echo Mountain, to Gertrude M. Brown, "a,
Of this city. Both parties are natives Of
Canada.
Walter H. Lutz. &c, a native of PennsyI-
vania, to Genevieve Church. 25, native
of Oregon. Both are residents of Pasa-
dena.
Herbert L. Monlux, "a, native of Illinois,
to Lucy M. French, "a. native of Con.
necticut. Both are residents of this city.
Fred Barham Rooms, IS, native OF
Indiana, to Cora M. Carney, a native Of
California. Both are residents of Long
Beach.
l.. Louis Edwards, "a, a native of Cali
fornia, to Julia Davidson, 81, a native of
Kansas. Both are residents of this city.
The herald., 1898-06-15
AN IRRIGATION MIDDLE
Courts to Decide the Ownership of the
Water in La Voyota Canon

W. B. Martin Is the plaintiff in a suit In
volving the question of ownership of the
water flowing through La Voyota canyon.
Mr.. Martin alleges, in his complaint. that
he has been the owner of the water rights
in La Voyota canyon for two years and
that he has expended about $4,000 in piping
the valuable liquid to the desired points
on his own land and to the lands of others
with whom he has contracted to furnish
water for irrigation purposes. He charges
that on June LIST of the present year the
defendant, Henry Regal. placed an OBJ
struction in the pipe line and stopped the
flow of water. and at later date assaulted
a crowd of his workmen and in various
ways interrupted them in the discharge of
their duties.
Martin therefore asks judgment fo-
damages in the sum of $1,000 and prays the
court to issue an injunction restraining de-
PENDANT from further interference with the
water supply of La Voyota canyon.
The herald., 1898-06-15
WANTS TITLE QUIETED
Mary Baiersky Sold a Lot but the
Purchaser Will Not Take It

Mary and Frank Baiersky have brought
suit in the superior court to quiet title
to lot Al in the Mes tract. They allege
that in February of last year they entered
into contract to sell the lot to Michael
and Catherine Corners for consideration
of $4,000. By the terms of the contract the
purchasers were to pay $500 down and $500
on the delivery of the deed at the First
National bank in this city. Plaintiffs fur
ther allege that the deed has been at the
bank for months. but the defendants have
not called for it and refuse to pay the $500
which would entitle them to it. They de-
sire to be released from further RESPONSE
bility under the terms of the contract.
The herald., 1898-06-15
Stole Spades

Henry Johnson an old man who has
served several Jail sentences for petit lar
ceny, was brought before Judge Smith yes
terday to plead to the charge of stealing a
spade from J. H. Ruhart on June 9. He
pleaded guilty, and taking into considera-
ton the charge of prior conviction on De-
cember q for stealing a spade from Chas.
Mosher. the court sent him to the Folsom
penitentiary for one year. Johnson is said
to have a penchant for stealing small ar
ticles, and has given the police department
no end of trouble with his petty crimes. For
this reason, the charge of prior conviction
was preferred, thus making the degree of
his offense equal 10 grand larceny. and en-
aiding the court to impose penitentiary
sentence. The value of the article stolen in
both instances did not reach 81.
The herald., 1898-06-15
Heirs to Insurance

James b. Ashby petitions the superior
court to appoint him guardian of the estate
of his two brothers and of his sister, Dwight
c.. Junius P. and Nellie M. The three
children are minors and are heirs to a three
ninths interest in $1,000 insurance left them
by their deceased father. who held a policy
in the A. o. U. w. lodge of Bloomington,
Neb.
The lodge will not pay the insurance until
a Guardian is appOinted
The herald., 1898-06-15
Broke Down His Fences

Vim. Rector, owner of small fruit ranch
in Rosedale. yesterday asked Justice
Young's court to award him 5000 damages
or force Allen Waldo to fix up the fence
which he alleges the latter broke down in
order to get pasturage for his stock.
The defendant claims that he rented the
premises from Mr.. Rector that he himself
built the fences, and asks the court to
give him judgment for $3.50 balance due
him for money expended in the purchase of
the lumber and other minor considerations.
The herald., 1898-06-15
He Was Discharged

Walter II. Nadeau was examined for in
sanity before Judge Clark yesterday on a
petition from r. Nadeau, stating that the
afflicted young man labored under the de-
fusion that some one is trying to cheat him
out of his property.
The examining physicians did not find ev-
idence to warrant a commitment and Judge
Clark discharged him. He is a resident of
Elorence.
The herald., 1898-06-15
Criminal Court Grist

Joe Cassulo convicted of stealing a COW
from F. B. Anderson on February 16, was
yesterday sentenced to five years in San
Quentin penitentiary by Judge Smith.
VIM. Kaymer. charged with burglary,
pleaded not guilty in Judge Smiths court
yesterday, and will be tried on July /. 1t
Is alleged that Kaymer forcibly entered the
house of Mrs. F. Kilbourne on April "a.
John Hyers, colored individual pleaded
The herald., 1898-06-15

The loss of the Pacific Crockery and
Tnware company in the recent fire on Los
Angeles street has been adjusted. The
Thuringia Insurance company held risk
of $30,000 the Aachen and Munich Insur-
ance company $4,000 and the Continental In
surance company $780, The claim was set
tied in full yesterday by the payment to
the firm of $4,000.
The herald., 1898-06-15
. Probate Of a Will

The will of C. w. Mason, who died in
vergennes, Vermont, on May 2Sth, was filed
for probate yesterday in the superior court.
Deceased owned about $4,000 worth of realty
in this city and under the terms of his will
1t is left to his divorced wife, l. L. Mason,
brothers, sisters and other relatives. A w.
Terry Is named as executor.
The herald., 1898-06-15
Notice TO Democrats

There will be a meeting of the Demo-
cratic city central committee this evening
at o'clock at the offices of Creighton Il
Rogers, 1870 Stimson block (first floor.
Business of Importance requires a large at
tendance. Telfair Creighton, chairman.
The herald., 1898-06-15
APPEL SPEAKS CHINESE
Tells Two Cinnamon That They Are
Guilty and They Believe It

Sing Wo and Wong Quong, two Chinese
washermen, who conduct a laundry in this
city, appeared before Police Judge Morri-
son yesterday afternoon on charge of
having run the mangle and worked the
sad iron during the prohibited hours Of
The herald., 1898-06-15

not guilty to the charge of forcbly epter-
ing the room OF Lilly Smith on Ferguson
alley on April 80, and will be tried in De-
partment one on June 30.
The herald., 1898-06-15

of which he had charge, as the returns
would be insufficient to maintain the works
and pay profit. The case is being heard
by Judge Ross
The herald., 1898-06-15

Largest variety Concord business wagons
and top delivery wagons. Hawley. King &
Co.
The herald., 1898-06-15
JoTTINGs
Our Home Brew

Maier & Zobelein's lager, fresh from their
brewery. on draught in all the principal
saloons: delivered promptly in bottles or
kegs. Office and brewery. 44o Also street:
telephone 81.