davidaulloa/AmericanStories huggingface dataset:
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30
use and operation thereof as a
McLeod's Time Expires.

Action was to have been
brought in the federal court this
morning by the attorney general
to show that the federal court
has not the power to order the
destruction of public highway.
The matter was postponed until
next Wednesday. A. w. Mcleod,
district attorney of Bayfield,
county and Sheriff Lien have
been allowed to defer their serv-
ing sixty days in jail by the fur
nishing Of $4,000 bonds. They
were given a ten days stay OF
execution, which expired today,
and it is not likely that the case
can be brought before the court
Of appeals before three or four
months.
This case, which will undoubt-
edly be terminated in the SUI
preme court of the United
States, will probably become one
of the greatest cases in Ameri-
can Jurisprudence. 1t is the
first time that a similar writ has
been issued by Wisconsin court
under similar circumstances,
and the supreme court will have
to decide as to whether the judg-
ment of the federal court or that
of the state court will prevail in
/ the end.
In the meantime there is to be
another case in the municipal
court of " ashburn which has
some connection with the present
proceedings. In pursuance with
the order received from the court
4 OF which he was an officer, Sheriff
Lien arrested the men whom be
/ found in the act of tearing up the
rails of the road and their trial
will take place in the municipal
court Jan. 80. District Attorney
Mcleod will conduct the prose
cutlon.
1 Defense of sheriff Lien.
In speaking of the action of
Sheriff Lien in arresting these
men and his consequent convic-
ton on the charge of contempt
and sentence to sixty days in the
Dane county jail, Fl. B. Walmsley,
who, with Judge Ell. FL. Hayden,
was attorney for the defendant
in the contempt case, has the fol
lowing to say in his defense:
IAN erroneous impression
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30

NEXT in Importance to the
famous merger case of Min
nesota and the western states
the Battle Axe looms up in
Importance. Our district at
torney and sheriff were oblig-
ed to break into jail before
they could get into court, and
the attorney general is in
contempt in the same manner
as the county officials who
were sentenced, But the at
torney general and the eoun-
5y officials have demonstrate
ed that they were excellent
''scrappers, and when they
fight they fight to win.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30
decisions as the law of the situa-

decisions as the law of the situa-
ton.
ssGiving full faith and credit
to the circuit court of Bayfield,
county, the men were tearing up
the track unlawfully. If they
were doing SO unlawfully it was
his duty to arrest them. He
therefor took the men in custody,
brought them before magis
trate, and the latter by due pro-
ceedings held them on bail for
trial; and they will be tried in due
course.
Had Little Choice.
tits difficult to perceive how
he could have done anything else
without being derelict in his duty
as a sworn officer of his county
and state. Such an officer, who
would stand by and see public
property destroyed, when he had
the solemn judgments of his own
court in his pocket that such de-
struction was unlawful, could
plead no excuse for his conduct
except cowardice. !"
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30

PEAsE g COMPANY no doubt
wonder just how long it will
be before they get the rails
off the Bait e Axe. The firm
bought them from receiver
Frost but the delivery has
been delayed for a term of
years, at least.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30

The candidacy OF Mr.. L.
N. Clausen, of this city, for
the office Of state treasurer,
which was announced in The
TINES two weeks ago, is
meeting with great favor, and
in every part Of the state the
newspapers are commenting
faTofably upon the claims set
for55il in MIR. Clausen's inter
es5s. There is no reason
why Mr.. Ia sen should not
be tie next nominee, and we
oonfdel italy believe that he
wi [ be the chosen one.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30
WE'LL done thou good an

WE'LL done thou good and
faithful servants. The Battle
Axe is now evidently spiked
to remain down forever. Dis
trict Attorney Mcleod has
made the fight of his life IN
the interests of Bayfield,
county and the people, and
his associates Messrs. Hay
den and Walmsley, together
with Attorney General Hicks
have moved every obstacle
that has presented itself. 1t
may be that Mr.. Mcleod and
Sheriff Lien may yet have to
go to the Dane county Jail,
and number of our citizens
pay a fine of $3.50 each--that
is a question that will have to
: be decided in future litiga-
cation, and yet remains in
doubt. But there appears to
be no question at this time
but what the action of the
Supreme Court definitely set
ties the disposition of the
railroad. The Supreme court
says that it must st y down,
and stay down it will.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-01-30
II Is States Rights

proceedings lnauSuraUou ny ~
&c. Frost, receiver of the defunct
Washburn, Bayfield, & Iron River
RAILROAD against the district at
torney and sheriff of Bayfield,
county and six laymen, Attorney
General E. r. Hicks is guilty OF
contempt Of the same court and
for the same offense The su-
preme court of wisconsin today
ISSUED to him an order enjoining
! A. G.. Frost, the receiver, from
tearing up the rails Of the rail
road. District Attorney A. w.
Mcleod left this evening for
Chicago, where he will serve the
order on Mr.. Frost or his attor-
ney, Horace S. Oakley.
This is the same action taken
by the people of Bayfield, county
in restraining the receiver from
tearing up the road, With the
only exception that this last or
der was granted by the supreme
court and the former by Judge
Parish of the circuit court OF
Bayfield, county. As to whether
contempt proceedings will be
brought against the attorney
general for this action remains to
be seen, for there are several
other important factors yetto be
considered before the case is
concluded. The supreme court
also handed down its opinion in
the matter of the at, rney gen
erai for leave to commence action
by information in equity on be-
half of the state in this court
against A. @. Frost, receiver OF
the ashburn, Bayfield, q Iron
River Railroad company. The
leave prayed for is granted, and
in the decision by Justice Wins
low the federal court is given
clearly to understand the atti-
tude which the supreme court
has taken and the action which
will be taken if necessary.
Respects Federal Judges.
The opinion, after giving a
brief history of the case and the
claims of the defendant and
plaintiff, says: ''The questions
presented are grave and impor-
tant. ones. They call for most
serious and careful investigation
and research. They should not
be decided upon first impress
sions. We intimate no opinion
upon them, but we feel that their
Importance demands that they
be adequately and fully present
ed, bath on behalf of the state
and on behalf of the receiver. In
order that they may be SO pre-
sented we have ordered that the
attorney general be granted leave
to commence his proposed action
against said Frost as receiver
and special master, and that said
| Frost be ordered to desist from
tearing up the railroad pending
such action. We entertain the
highest respect for the federal
court and its learned judges.
I'm taking the present action
we have no intention of interior
ing with the jurisdiction Of that
court. We have every confidence
that not only the receiver and his
/ counsel, but the federal court as
well, will cheerfully recognize
that the questions involved are
SO important and doubtful that
this court should have an oppor-
tunity to consider and decide
them without apprehension that
the status quo will be changed in
the meantime.
But while entertaining this
belief, it is due to the dignity OF
this court, Or it's officers, when
there is brought to our attention
by the highest law officer OF the
commonwealth q state of facts
! from which it may be seriously
argued that the federal court
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
LOCAL PERSONAL.

E. c. RyaIs, of McRae, is a guest at
the Pulaski.
A. NJ. Mitchell. of Baltimore, is at
the Pulaski
Frank Richards of Atlanta is a guest
at the Pulaski.
A Pridgen, of Lake Park, is register
ed at the Pulaski.
c. N. Hastis, of Charleston, is regis
tered at the Pulaski.
]. A. Brown. of Brunswick, is ii
guest at the Pulaski.
John Palmer of Lake Park, Ga, is a
guest at the Screven.
]. E. Loders of Wrightsvine can be
found at the Screven.
John Marcy of Baldwin, Fla, is a
guest at the De Soto.
L. l.. Hough of Orlando, Fla, is a
guest at the Screven.
j. L. Hargrove, Of Collins. registered
at the Pulaski yesterday.
T. A. Newsom of Belleville, Ga, is
registered at the Screven.
c. II. Williams of Brooksville, Fla,
is stopping at the Screven.
W. j. Webb, of Tampa, Fla, is al
the Pulaski for few days.
j. II. Thomas, of Columbia, S. c..
can be found at the Pulaski.
d. Y. Buchanan and w. G. Peace
We're registered at the De Soto.
6. w. Williams, Jr., of Beaufort, S
c., can be found at the Pulaski
e. T. Cary, of Macon is in the cit1
and is guest at the Pulaski.
VIM. j. Loader, of Atlanta, is amons
the recent guests at the Pulaski.
j. j. Letter of Sanford, Fla, is in the
city and is stopping at,the Screven.
c. H. Davis of Townsend is i'm tbe
city, and is putting up at the Screven.
j. II, Schrater of Atlanta was amona
the arrivals at the Screven Yesterday
J. c. McLung and j. H. Mallary o
Ansley are in the city at the Screven
c. G. Turner of Valdosta arrived In
the city yesterday and is at the De
Soto.
]. B. Eskew and J. G. Drayton. O.
Charlotte, S. c., are guests at the Pull
ask.
j. f. Weaver Of Columbia, S. c., is
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
MUST Be ACCINATED
sPRINGHILL SCHOOL CLOSED TILL
CHILDREN 81 nMIT.
PARENTS or PUPILS REFUSED
AND BOARD OF EDUCATION ORDER
I'D SCHOOL STOPPED.

The Limits of Christmas Holidays
Fixed for All schooIs-WiII Begin
with Close OF school Dec. - and
VIII End Jan. I-SchOOIs viii RE
omen january ,.
Tn parents of the pupils Of SPRING
hill school refuse 10 allow their chill
dren to be vaccinated, and the Board
of Education has decided to close the
school until the rules requiring vac
cination shall have been complied
with.
This decision was reached at the De-
cember meeting of the board last night
There are between twelve and fifteen
pupils attending the school. The
boards decision viii be put into CT
feet at the end of the month.
Another matter that claimed the at
tention Of the board was the fixing Of
the limits of the Christmas holidays.
These win begin with the close of
school at o'clock. Dec "A, and will
last through Jan. 4, the schools being
reopened IAN. ..
A petition was received from a COM
mittee of colored persons asking for
addition school accommodations. 1t
was referred to the Finance Commit
tee
Those present were Col. George A..
Mercer, president and Commissioners
J. r. Saussy. J. Il. Estill S. B. Ad-
ans. r. J. Davant. Lee Roy Myers,
Henry Blum and NJ. A. O'Byrne.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
WHILE We WARN
We Also Comfort GId Cheer.
Paine's
Compound
Is an InfalIiblc Cure for
All Forms of
RHEUMATISM

Although we are all born with the
principles of dissolution in our frame
which continue to operate from our
birth to our death, we are under OBJ
legations to Heaven and our loved
ones to keep ourselves free from dis
ease and suffering. While death must
come to every human being, pain may
be avoided, and our days made happy
and long, if we keep the blood and
physical structure in proper condition.
At this time, while we warn the
thousands of rheumatic sufferers of the
folly and danger of allowing rheuma
tism to run unchecked at this season
of the year, we can comfort them
with the happy assurance that Paine's
Celery Compound permanently cures
the terrible disease. This wonderous
medicine has won the hearty indOrse-
ton of medical men. and its virtues
are lauded by tens of thousands res
cued from agony and death. Mr.. Chas.
w. Tucker Mount Pleasant, S. c., who
banshed his rheumatism by use of
Paine's Celery Compound, writes
thus
1T is now going on two months since
I have taken Paine's Celery Compound
for rheumatism. No other medicine,
l think, could ever have done me so
much good. l have not had an attack
of it since. Previous to taking the Com
pound 1 tried everything. and had two
Of the best doctors in Charleston, but
they only gave me some relief for a
few days. Two bottles of Paine S Celery
Compound completely cured me-"
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
RECORDER HELD BURGLAR.
Negro Barber Among Those Re
manded for Trial by Recorder.


manded for Trial by Recorder.
At yesterdays session Of Police
Court George Curry, colored, arrested
by Patrolman Lawrence Kelly for the
theft of a COW on Dec. 1. was remand
ed for trial in the City Court. The
prisoner is alleged to have butchered
the cow.
six negroes charged with stealing
rides on trains Of the Seaboard Air
Line were dismissed with an admoni-
ton. The men were arrested near the
companys yards by watchmen.
julie Millen, a 13-year-old negro ar
rested by Patrolman Mccarthy for the
theft of sugar cane, was remanded for
trial in the City Court.
The case against Tom Holmes, the
negro charged by Detective Nose
Davis with burglary, was continued at
the request of the prosecution.
G. A. Dunlop, arrested on Bull and
Broughton streets by Patrolman Jerni-
gan for making his bulldog fight other
CANNES, was fined $40 or thirty days.
The fine was paid.
Preston Daniels, a negro arrested by
Detective Nose Davis on complaint Of
Charles Mock, was remanded for trial
in the City Court.
Sam Screven, the negro barber err
rested by Detective Murphy for bur-
glauzing the place of Peter G. Lest,
at No. IA Drayton street, was remand
ed for trial in the Superior Court. The
thief got away with 50 in cash and
fourteen razors. Most of the stolen
property was recovered by Detective
Murphy.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
BY THE SIDE OF HIS WIFE.
The Remains of Murdered Fritz
BromdbacI&er Now Rest in Bona
venture.

The Remains of Murdered Fritz
BrOndbaclSer Now Rest in Bona
venture.
Thirty-four years ago Savannah was
thrown into excitement by the murder
of Fritz Broadbacked on the Thun-
derbolt road, about a mile beyond the
present toll gate, he having sacrificed
his life in preserving law and order
at time under trying circumstances,
when no white mans life or home was
safe.
In the reconstruction period, just att
er the Civil War, the farmers of the
suburban districts formed themselves
into body then called the patrol.
to protect their farms and homes in
the districts beyond police protection.
1t was while riding his watch of Ibis
patrol that Broadbacker was assas-
sinated by unknown parties and his
body was left in the road He was
shortly after found by friends and car
ried to his home. Aroused by the
crime, citizens organized a posse and
hunted out several negroes, and turn
ed them over to the police authorities
Some of these were convicted of being
accessories to the murder and We're
sentenced to long terms in the peniten-
tiary.
Broadbacl1er was buried in Laurel
Grove Cemetery. Several months ago
his aged wife died, but before her
death she requested that the remains
of her husband and their sons be ex-
humed and re-nterred by her side in
BonaVenture. Her two sons-in-Iaw.
Messrs. George and Conrad Schwarz.
discharged this solemn obligation YES
terday, and now, under mounds Of
beautiful flowers, the bodies OF father.
mother and sons lie side by side.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
GOVERNMENT PLACES OPEN.

The United states ClyiI Service Conn
mission has announced FIVE examina-
tons 10 be held IN Savannah Jan. G.
One Is for custodian al the Marine Bi-
eipslral Station. Fish Commission
beaufort p. o. another is for sclen-
iiho asslsiaHt Emitted states Commits
sipn ~ FISH and Fifhcncs ihe fhird is
~ aH t9spfcior ~ bulls Steamboat
hrper'iDh Service lhe fourth for an
iht1ni chemist Supervising Archi.
2Nes Afea ur5 Department und
sAN NliA ~ aeainciras. llllaH Service.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
TO LECTURE ON
CHRISTIAN SCIENCE.

Christian Science" viii be the sub
Jeet OF a free lecture to be delivered in
the Lawton Memorial tonight. The
speaker win be Judge w. G. Ewing Of
Chicago, gentleman who. after
achieving distinction at the bar. gave
up a Judicial position that he might
devote his time entirely to the pro
pagation Of Christian Science. The lee
ture viii be delivered under the aus
pices Of the First Church of Christ
Scientist.
Judge Ewing has delivered similar
lectures in many OF the cities of the
south but comes to Savannah direct
from Washington where he smoke sun
day. He viii arrive this morning and
Will register at the De Soto.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
Atlantic & birmingham and 5. A. L.
Fight.


Mr.. George Dole Wadley, vice presi-
dent and general manager; Mr.. Alex.
Bonnyman, superintendent, and Judge
]. L. Sweat, general counsel, of the
Atlantic and Birmingham Railroad
Company, appeared before the Senate
Committee on Railroads in Atlanta last
week in opposition to a bill, introduced
at the instance of the Seaboard Air
Line Railway having for it's object the
placing of an additional obstacle in
the way of the Atlantic and Birming-
ham crossing the Seaboard Air Line
at Cordele. and after a discussion of
the matter. the committee made "a
unanimous report adverse to the pas
sage of the bill.
The Atlantic and Birmingham rep
resentatives We're also before Judge
Speer at Macon. to answer an injunc-
ton suit brought by j. Randolph An
derson, Esq, of Savannah, and Eu-
gene A. Hawkins. Esq, of Americas,
counsel for the Seaboard Air Line. in
favor of the Continental Trust Com
pany and the Baltimore Trust and
Guarantee Company, to enjoin the At
lantic and Birmingham from extending
it's road across the Seaboard at Cor
dele. The hearing resulted in Judge
Speer refusing to take jurisdiction of
the case because of similar litigation
between the Seaboard Air Line and the
Atlantic and Birmingham, in the state
courts and their favorable adjudica-
ton for the Atlantic and Birmingham,
and also of the tendency of condemna-
ton proceedings, the injunction being
refused by Judge Speer
Although delayed a considerable time
by the Seaboard, the officials of the At
lantic and Birmingham hope to cross
the Seaboard in Cordele at an early
day, and with the rail arriving daily
and large force recruited and ready
to complete the Montezuma extension
within the next sixty days.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
LAWYERS AND LlTIGANTS
All Black in Divorce Case in su-
periOr Court.

All Black in Divorce Case in su-
periOr Court.
A case in which both parties to the
litigation, both lawyers and one mem
her of the jury acre negroes, was
tried in the Superior Court yesterday
morning. So far as the record shows.
this is the first case of its kind in the
Superior Court, for many a day
The case was that of Josephine
Florence Whaley against c. Bryant
Whaley, a libel for divorce. BY the
provisions of the decree the marriage
is annulled, and the husband is ordered
to pay the sum Of 81 a month, every
month for fifteen years to come, for
the maintenance of his son and name
sake.
The libellant was represented by A.
L. Tucker and the respondent by j.
Fl. Kinckle.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
CLASSIFIED ADVERTISEMENTS.
Continued from Third Page.
IISCELLANEOuS-

Continued from Third Page.
MISCELLANEOUS.
]. & C. N. THOMAS ARE OFFER
ing a beautiful line of enameled
watches; beautiful Xmas gifts.
BEFORE HAVING YOUR TIN
ming work done, call and see us; good
work done at reasonable prices. Repair
work our speciality. L. A. Mccarthy
& Son, 142 Drayton street.
WITH A GEORGIA PHONE IN
your residence you can communicate
with nearly every business house and
residence in the city.
CALL Up PLUMBER WIGGINs TO
connect up Sour stove at once.
USE THE GEORGIA AND BE
able to reach over 1000 more subscrib-
ers than over any other phone.
]. w TEMPLE is HEADQUAR-
tiers for Hot Stuff heaters, oil heaters.
stoves ana ranges. Best goods at low
est prices. 3l5-3l9 RrOughton, west.
THE GEORGIA PHONE IS No
longer luxury in your residence, but
an absolute necessity.
ONE OF THE FINEST THINGS ON
me market, ne Alamo gas and gaso-
line engine. Mingledorff & co. agents
80 Indian street
YOU CAN REACH YOUR DOCTOR
lawyer, grocer, baker. butcher. drug.
glst dry goods merchant. shoe
store, ana business firms Of an kinds
over the Georgia phone.
BARGATNs, DON'T TAKE Mv
wpra, but take ny prices On suites. ron
beds, matunFs, shades, etc. ana oot,-
pare N3th Others. J. w. Teepis. "a.
800 brougbt0n, west
sk THE gEoRGiA AND ~
1llf ~ is4th over 1000 more subscribe
cas- than oyer any other 'phone,
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
cRITTENTON HOME
DlRECTRESSEs.

The Board Of Directresses OF the
cnttenton Mission Viii meet in the
parlors Of Wesley Monumental Church
this morning al q O'Clock n had been
Intended 90 hold the meeting ihis Hf.
temo0n but HF the Missionary society
~ the church VIII meet Hi fhls tine
the hOar Ma changed 10 "A O'Clock.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09

Nancy Martin. a colored woman 90
years old, died yesterday. She was
born IN Savannah and lived an her life
here. During her latter years she was
a nurse. Her many good qualities won
for her the respect Of both white and
colored people. Her funeral viii
take place in ST. John the Baptist's
Church, Hartridee street, this after
noon az o'clock
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
a small nIaxe.

A small blaze in "a box Of papers in
"a house on Bay street between Diny-
ton and Abfrc0rn. called Qua station
80. 81 te hrc depa rmrnt ut b sB
O'Clock yesterday morning Tho oIlga
Was pat oll Nlla hand UfllrA,r
without any damage being done
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
WILL START AT ONCE.
On Government MOOring DoIphins to
be Built in Lower River.


be Built in Lower River.
Contractor Brown, who will build the
government mooring dolphins near Fort
jackson, in the lower river will begin
work tomorrow or Wednesday. Mr.
Brown had information yesterday that
the first raft of logs win arrive to-
day, and should they get here as ex-
pected, he viii start work at once.
The government engineers have been
at work the past week surveying and
laying out the line for the Dolphins.
and have progressed sufficiently for the
driving TO begin as soon as the piling
arrive.
This win be a big contract and will
take at least three months or more to
complete the contract allowing the
builders five months, though Mr.. Brown
expects to finish it in three months. He
saws that the dolphins win be the best
and most substantial ever built on the
South Atlantic Coast.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09

Pillow and Table Covers, Curtains,
Portiereg. Afghans, Tides and Chair
Coverings, may be dyed beautiful and
artistic colors.
Direction book and 40 dyed samples
free
DIAMOND DYES, Burlington, VT.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09
CITY BREvlTIES.

An entertainment that promises TO be
a most enjoyable one win be given
by the choir OF st. Patricks Church
under the direction of Mr.. Joseph
Steeg tomorrow night at o'clock.