davidaulloa/AmericanStories huggingface dataset:
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
SUPREME COURT OPENS
1nro tant Decision Reg ,rliug Taxa
ton Of Water " ork Civ n-Cesss
against Rutland Railroad Settled.

Montpelier, Oct 2S,-The October term
of Supreme Court opened at 10 O'Clock
thls morning in the court room at the
state House with a full bench and very
large representation of the bar from
every county in the State present. Prayer
was offered by the Rev. a. y. Lewis,
rector of Christ Church
\ decision was rendered by Judge Mum
son IN the Orleans county case of John S.
stiles, collector of taxes for the town or
Derby against the village of Newport.
The decision Of the court in this case was
in substance that the portion of the water
system at Newport which is situated in
the town of Derby and used there for
supplying water to the inhabitants Of
Derby is properly subject to taxation in
the town of Derby. while the main sys-
tenn which Is used for conveying water
20 the village of Newport is not taxable.
This is the first case OF the kind ever
before the Vermont courts and only one
parallel case could be found which was
from Kentucky. The ground of the de-
ciSion Is that the village Of Newport went
outside the scope Of a public purpose of
supplying its own inhabitants with water
when it put in MIGRANTS and a branch
system in the town Of Derby. This de-
cisiou particularly interests the cities Of
Barre and Montpelier, who have similar
suits, which would have been brought
had the decision been the other way.
In the Rutland county case of Stockwell
VS. the town of Rutland, judgment of the
lower court was reversed and tho case is
remanded for a new trial. Opinion by
Chief Judge Rowell.
The Rutland county cases Of W. w. Tar
bell, administrator VS.. Rutland Railroad
[ O.; Matthew Mccormick VS.. Rutland Rail
road Co.: and -. o., r. Q. and F. o.
Jones against the Orient Insurance COM
pany have been settled and discontinued.
In the Washington county case of Daniel
T. McGovern VS.. Hays and Smith in which
the plaintiff is recently deceased. the ad-
minstrator of Mr. McGovern's estate was
entered as the plaintiff by f. l.. Laird
his attorney.
The execution OF the death sentence on
Charles Doherty, which was set for the
second Tuesday of November next is left
open awaiting the action Of the United
States Court where the case now is. SEN
tence Will be again respited before the
date of the execution.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
SHOOTING WAS ACCIDENTAL
No Arrests TO Be Made in South Lon
donderry TIA edy- Boy Claims he
Did Not Know Revolver Was
Loaded.

Brattleboro, oct. S.-An inquest into the
death of Clifford Johnson was held at
the scene OF the shooting in South Lon
donderry last evening by H. r. Landman,
justice of the peace, and William ii shat
tuck, seectman, They reported that the
boy came to death from bullet from
revolver fired accidentally by his brother
Melvin Johnson.
The authorities in Londonderry will
take no further action in the case being
satisfied that the shooting was accidental,
but will present the testimony if re
Quested to do so by the grand jury. Mel
vim Johnson is now at his home.
According to the testimony given at the
inquest the two boys, Il and Is years Of
age, were or the best Of terms, On Sunday
morning they had been called by their
mother and the older one, Melvin, sot up.
Clifford was still living on the bed when
Melvin took the revolver and pointing it
at his brother said: II you don't get up
/ II shoot you" Thinking they Were only
blank cartridges in the cylinder Melvin
snapped the trigger. There was report
and Clifford had bullet in his temple.
Melvin hurriedly dressed, left the house
and ran away from the vicinity frightened
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
OvERW0RKED WOMEN
WHY so MANY LOSE THEIR AT.
TRACTIVENESS.
Miss Mosscy Tells How Headaches, Back.
aches, Weakness and Fitful Tempers
MnY bo Avoided or Oycrcome.

aches, Weakness and Fitful Tempers
May be Avoided or Overcome.
Miss Georgiana J. Mossey. of No. 1875
Lake street, st. Adams. VT, is n bright,
healthy young woman and from her ap.
pearance ono would never think she had
ever been sick for day in her life. But
there was time, few years ago, when
she was very low, when physicians
treated her without avail and hope fol-
recovery was almost gone. But she wac
cured by DR.. Williams Pink Pills and
her story is worth reading.
"Overwork, she says, was the cause
Of my Illness My system became all
run down generally, my blood was poor
and the doctors said had an@mia. My
appetite failed me, / became pale and
sickly with no color at all in my face.
had dizzy spells and severe headaches
My illness affected my limbs and l could
not walk any distance without becoming
very much fatigued and short of breath.
suffered for two years and twice
was en- nned TO my bed. Idoctored with
an able local physician for O year and
received no benefit. Then I went to
MoUGeA! and %ok treatment from ply
eic.an tb"'e but he did me no good and
l began to fear would never get well.
"Whi' IN Montreal, friend of mine
who had niece who had been greatly
benefited by DR.. Williams Pink Pills for
Pale People, advised me to try that medi-
ci'a. Ihegan taking them and soon saw
q change for the better. noticed that my
lips and ears were beginning to look red
aud the pallor was fading away. My
checks began to fill out and my appetite
returned. NV friends noticed the change
at once aud asked me who was my doctor
now. told eheu that Dr. Williams Pink
Pills for Pale TAoplo We're doing all this.
"Altog.ther took twelve boxes and
by thar time was a strong and healthy
girl again.
When went to the store here to buy
supply of Or. Williams Pink Pills for
Pale People" Miss Mossey said, 1.-the
clark told me l could buy them cheaper
In bulk than in the package. But re.
msm bered l had read warning that the
eooa'ne pills were never sold in bulk and
60 lusisted upon being given the pack
axe with the wrapper on it bearing the
trll name-Dr. Williams Pink Pills fol
Pale Pcople-and got them
DR. Williams Pink Pills for Pale People
may be had Of all druggists, or direct by
mail from DR.. Williams Medicine Com.
pany. Schenectady, n. Y, fifty cents .
box; six boxes for s.. 50.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30

courts, and while II must be admitted
that many very nice distinctions are
taken and much subtle reasoning employ
ed to show that certain laws were invalid
because made to depend on a vote of the
people, yet, this proposition seemed gen
orally to be conc edod. that a valid statute
may be passed to take effect upon the
happening Of some future event, certain
or uncertain"
After referring to authorities, further
say:
The decided preponderance of author
ity is in support of the doctrine that
the Legislature may refer questions of To-
cal government, including police regula-
tions, to the local authorities; on the
supposition that they are better able to
decide for themselves upon the needs. as
well as the sentiments, of their con-
stituents than the Legislature possibly
can be, and upon the same ground may
provide that an act, perfect in itself may
20 into opera ton and effect on the con
tngcncy of a vote OF the people in its ia
Vor.
1T seems to US that all the Legislature
has done in this act was to prescribe the
condition upon which the law was to be
in full force and effect. and that, when
the condition was performed, or the con-
tingency happened, the provisions of the
law derive their authority, not from the
vote but from the will of the law making
power" The court sustained the con
situtionality Of this local act.
A STATE REFERENDUM.
But in 1870, tins court in Smith VS.. City
of GAINESVILLE &c Wisconsin, 29l, passed
upon the constitutionality of an act pro-
Viding for taking the capital stock of ma
tional banks. This was general law sub.
mitted to the vote of the whole State.
n "A
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
ANY CHURCH


institution SuppF orttd by voluntary
contribution will be given a liberal
quantity Of the Longman & Martinez
Pants whenever they paint
Note has been cur custom for
twenty-Ssyen wears; any build ng not
satisfactorily painted, will Re repalnt-
ed at our expense; about one gallon
of Linseel Oil to be added TO every
gallon of he paint TO make ready for
use; its mixed in two L mates, and
cost Of the PANT thereby made les. IN
price than any other. Yearly product
over one m lion aIonS.
LONGMAN & MARTINEZ,
Sole Agents
H. N HULL Hine burgh.
s RlGWOOD, WinoOSki
The PALMER Pharmacy, Waterbury,
lSw,5t
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
AN IMPORTANT DECISION.


In discussing whether 1t was constitu-
tonal TO refer statutes having only local
operation, to the approval or dlsapproVaI
OF the voters OF the locality TO be affected
thereby II logically follows that general
Ia AFFECTING the Whole state may be sub
mlttod to the approval or disapproVal OF
the voters of the whole state aud be con-
StltuUonal and valid The speaker said:
In my investigation ] have found but
one supreme court which has met this
question fully ana completely ana SUSTAIN
ed the constltutionality of law which
contained provision that IL should take
effect only after approval by majority Of
the electors voting on the subject This
was the supreme Court of Wisconsin. To
fully understand this case it is necessary
to review a decision upon local statute.
In lS6O the Legislature or Wisconsin
passed chapter 4Ol which provided for a
board OF pubic works Tor the city or Mil
waukee, and contained this provisions:
| Ihls act snail be VOID, unless the local
voters OF the city OF Milwaukee,, ut the an
nual charter election in SAID city, TO be
held on the dth day OF April, 1868, by vote
determine TO accept the same II
the majority OF the votes cast at such elec-
tlon upon such question snail be IN FAVOR
OF poard Oh pubIlc WORKS the mayor
shal make proclamation OF the iact, ana
thereupoh lhls act shail take elect ana be
IN force from ana AFTER the hrst DAY OF
May 1902
II lufther provides mat II the majority
snouIu De III iaVor OF thls law, the once
Oh Strret cohihlhSloner ana superintendent
| OF bridges, shouid pe apollShod' Inc ma
LOFTY Oh tle Vote was IN laVoi OF me Jaw
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
COAL CHEAPER ~ RUTLAND.

Rutland oct. 2S-The price Of anthracite
coal in Rutland to-day is s. ton. a ro-
duct!on Of ~ cents a ton from the price,
quoted Yesterday upon the arrival hcr-
the first supply of coal since the settle
mont of the strike.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
A REFERENDUM
Hon. John Young Discusses
1t before Vermont Bar
Association.
UNCONSTITUTIONAL.

His Investigation Shows That the Majority Of
Courts So Hold-The Speaker Believes That
Legislation Cannot Be Delegated to the Peo-
ple-Shows How Present Law Was Com
plete without the Referendum -Admral
Clark Guest at the Annual Banquet of the
Assocaton-The Bar Wants Judges of Su-
preme Court Better Paid.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
lection of tn. whole state.

rejection of the whole state.
While there is difference in phrase
ology in the constitutions Of the different
States, | think it will be found that in
each State where this matter has been
under judicial consideration, tn provi-
sions of the constitution are the same In
legal effect Each provides for a repre-
sentative government of three distinct and
independent OBSERVATION-DISCLOSURES leg
islatve and judicial-and delegates the
whole power to make laws to the legisla-
tive department, substantially the same
does the constitution of Vermont
The speaker then gave the decisions rem
dered in large number of cases where
the Constitutionaity of the referendum
had been raised and where the question
had been held constitutional and uncon-
eiitMtiOnal
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
THE ANNUAL BANQUET.
FOR VERMONT BAR.
Especial to The Free Press)

Montpelier, Oct 2s.--The candidates for
admission to the Vermont bar began this
morning taking their examinations at the
county court house. The examining board
is composed of +. II. Button of Rutland.
Il. T.. Cudworth Of Londonderry j. W.
Redmond of Newport. II. *. Darling of
Chelsea, F. S. Plat Of Foultnev, and r.
w. Hurlburd of Hyde Park. The cxami-
nations will continue through Tomorrow
and those who successfully pass will be
admitted to the bar Thursday morning
Mrs Jessie l.. Bigwood of Colchester. the
first woman to take the bar examination
in Vermont, is a member of the class.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30

Reports from Siberia say tina, the wheat
harvest there is very poor
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30

other. 1t Is simply a difference In de-
gree,-not in principle.
Chief Judge Rowell read an apprecativo
and deeply interesting paper on the life
and work of the late Chief Judge Taft Of
Burlington.
Judge Hoyt II. Wheeler of Rutland read
a sketch of the life OF James e. Barrett
and Willard Harrington of st. Adams. one
on the life of II. s. Royce of that city.
THE ANNUAL BANQUET.
The annual banquet of the association
was held at the Pavilion at o'clock this
evening. The Hon. John Young acted as
POSTMASTER. AS General Mccullough and
Admiral Clark entered the dining hall they
were greeted with cheers that shook the
building. The menu was all that could
have been desired and tho toasts and re-
sponses were as follows
Vermont" Governor Mccullough; "The
Supreme Court" Judge w. T. Stafford
Our Guests, the Law Students Now on
Trial" e. j. Waterman of Brattleboro;
The Journalist" c. II. Davenport OF
Brattleboro; Vermont Politics" the
Hon Frank Pumley Of Mortified; THE
Humorous Side of the Law" j. W. Rcd
mund of Newport
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30
DECISION ON THIS LAW.

state VS.. Parker 26 VI, S57, arose under
the provisions of this act AS understand
tho decision, the case was turned upon the
fact that whatever the result of that vote
might be, the act by its own provisions
was an entire complete law, itself fixing
the exact day when 1t must, by Its own
provisions, go into effect: that the whole
OF the provisions for taking a popular
vote as provided in this act might be
omitted and the remainder of tho act
would be perfect and complete In itself
AS this act of 1852 was framed, II did
not require our supreme court to pass
,mon the constitutionality of n general
law, in which 1t was provided that the
question, whether 1t should or should not
20 into effect. was submitted to the pop
The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1902-05-03
Frisco Line Excursions.

Tho Frisco System will sell excursion tickets
on the following dates
St Paul, INTIMIDATION al Baptist Anniyersar.
les, sell May 18th and 10Th, Final limit June
S0th. S2460 round trip.
Springfield, MO.--Gencral Assembly Cumbcr.
land Presbyterian church. Sell May 18Th ana
i4th. Final limit. May Goth. $500 round trip.
Los Angeles, Convention OF Federation
of Women's Clubs. Sell April Goth 10 9Th, In.
elusive Final limit June 18th. S7S5 round
trip,
San Francisco Calif.-lmpcrial Council Mobiles
of Mystic Shrine Sell May 81 TO June sth IN.
elusive. Final limit sixty days sH.S5 round
trip.
Portland Ore,-supremc Lodge A. o. Y, W.,
Sell May 9th 10 June sth, inclusive. Final
limit sixty days. SolaO round trip.
Minneapolis, Minn,-Annual Meeting National
Educational Association, Sell July 9Th, 9th and
7th. Final limit Sept lst S2iGO round TRIP
Denver, olo-Triennial Convention lnterna-
tioDal 4. i. Association Sell June 22d, ga and.
Oath Final limit, July 3lst S2Lw round Zip
San Francisco, Cal biennial Meeting knights
OF Pythias. Sell August ID to SIN, inclusive.
Final limit, Sept 30th. N7S5 round trip
Fayetteville; Ark, COMMENCEMENT Exercise;
limit, June 10Th. Sl.75 round trip
There arc others Ask the agent about them.
The rates are very low and limits liberal
Tickets on sale daily 10 all regular tourist
points. Soc the undersigned II you contemplate
4 trip.
p, W, FURRY, Agent Frisco Line
The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1902-05-03
Welcome Gift.

Trinity church, Van Buren, has re.
ceived gift of a thousand dollars from
Mrs. Antoinette Morrill,, to be known
as the Morrill, fund, the interest only to
be used
Mrs. Morrill,, the donor, came to Van
Buren, about 1S41 She was married to
Mr.. Morrill, at Van Buren, and lived
here until during the civil war, Mr..
Morrill, and his father being in the gen.
eral merchandise business on the corner
where the Shibley-Wood wholesale
house stands. They also built the dou-
BILE dwelling now occupied by Mrs.
Byars.
Mrs. Morrill, was organist at the
Episcopal church before the war, when
the choir was composed of Mesdames
Turner, Marean. Wilcox and others, all
OF which have passed away but Mrs.
Turner.
Mrs. Morrill, made frequent visits to
Van Buren,, her last being three years
ago, when she spent the winter. For
the past twenty-five years Mrs. Morrill,
has made her home at Concord, New
Hampshire.
The first of last November she visited
Washington, D. c., and while there
met with the accident which caused her
death, of which her old friends here
learned with sorrow, but with the hope
tqey may all meet again.
The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1902-05-03
Horse Committed Suicide.

A large horo owned by M, Z. Jacobs
and used NJ q general work horse at his
brick.yerd at Berlin, Conn, committed
suicide by drowning itself IN pond
near the brick sheds the other after
noon, Tho animal had been sick sever.
al days last week, and noting no I'm
proyement In its condition Mr. Connolly
superintendent OF the briek.yard, NJ
lowed II 10 Craze IN the lot near the
yard The horse was seen to enter the
pond by some Ut the employees but no
attention WAS paid to that, as the water
is but few feet IN depth.
The animal went out \ few yards
from the bank, Ivy down and placed its
head under water, holding u there un'
III life was extinct, The body was 70
moved from the pond and Inferred
In the horse cemetery. Mr.. Jacobs and
Superintendent Connolly are united IN
tho opinion that the animal must have
been tired OF Ito and took this method,
which was supposed 10 belong 10 msr
alone. OF ending Its career, -Ex,
The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1902-05-03

WA. Cole was up from Alma Thurs
day and was somewhat lame from hav'
ing strained his back while grubbing
on his farm. He reports considerable
strawberries being shipped from Alma,
Tuesday s shipment amounting to over
a hundred crates,
At meeting OF the stockholders OF
the X, g. A. v. Railway held at Little
Rock last Thursday week, Messrs. Geo.
r. Wood and II. u, Brown OF this city
were elected directors. This gives Van
Buren, three directors Of this road. Flu.
ture meetings OF the board are to be
held here,
All the visitors to Dallas from this
section have returned home and those
who stayed until the wind.up are more
than pleased with the treatment they
received at the hands OF the people OF
Dallas. II was only Sunday and Mon
day that there was any trouble In secur'
Ina food or accommodations, owing to
the unlooked.for influx Of strangers.
All those OF the veterans who remained
report that they could not have asked
for better treatment and that the claim
made by the frat returners Of eStortion'
ate charges was In many cases = myth
The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1902-05-03
For the Grand jury.

Jack Crawford, u well.known negro
character Of Van Buren,, IL In Jail TO
await action by the grand jury for high
way robbery.
Crawford early Wednesday morning
found u stranger asleep on one OF the
boxes outside Gooding & Buffers store
and proceeded to rifle his pockets, So
curing the sum OF II 35, Before he
completed the Job Crawford WAS detect.
cd by the stranger, who had him placed
under arrest. He was bound over later
by Justice Miller and on the way TO iail
broke away from Constable Martin and
made q dash for liberty, He gave the
officer, and others who Joined, q merry
chase for awhile, but was finally cap
tured In the rear Of Boatright's livery
barn,
The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1902-05-03

j, s. Durham left yesterday for
Washington to remain till the close of
the present session Of congress.
The saloon keepers of Van Buren, have
organized protective association. Its
aims are for the protection of mutual
interests and social intercourse.
Capt. j. NJ. Baxter, who has been
confined to his home by illness for a
month and half past, was able to visit
relatives at Fort Smith this week.
c. B. Fontaine has purchased lot
on East Main street, adjoining the resi-.
dence OF Jas. Barrel, and will move his
residence from Mountain View thereto.
The public buildings bill reported In
congress Saturday carries with 1t an
appropriation of $40 900 for the i'm
provement OF the postoffice at Fort
Smith.
The negro woman put in jail last FRI
day proved not to be insane, as at first
thought, but suffering from an over
dose OF morphine. She was released
Saturday.
Fire Tuesday morning damaged the
stock Of the Brown.Rollosson company
at Fort Smith TO the amount OF SEQ 900.
Most Of the damage resulted from smoke
and water.
The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1902-05-03
Come ana See...
w. G. FURRY
About Cheap Assurance In the
Strongest company In the world,
The Old Reliable EQUITABLE.
ONCE with Dr. Lucas.


We acknowledge a call from Mr.. j,
G. Clark Of Quitman, Ark. Ark. who
Is looking around with view to To-
eating here, Mr.. Clark is an attorney
by profession.
Dispatcher Kidd returned Wednesday
from a days fishing on Illinois river
and brought back as fine string Of black
bass as ever created a spark of envy II
an angler 3 breast,
Messrs. J. II, Branson and j. d.
williams, Of the firm Of Branson q
Williams of Natural Dam, spent Mon
day In Van Buren,, They report
satisfactory business
Unless we get good rain within
few days the berry crop-what there II
of twill be cut nearly half The
wind and sun this week have been dry
ing the ground very much,
r. A. Robinson, late OF Little Rock
has purchased a half interest In tht
Chas, Smets commission company. Mr.
Robinson was Monday married to Mist
valia Floyd Of this city by Esq Miller
Col. Keller of the Liebhardt Com
mission company Of Denver arrived
Thursday TO hobnob with the berry
people for q couple OF weeks, He al
ways finds a warm welcome
r. L. Kelton OF Shelbyville, Tenn,
was In the city this week on a shor'
visit to his parents, Rev. and Mrs B.
II. Kelton. Mr.. Kelton Is an architect
and builder by profession.
One OF the oldest veteran attending TIT
Dallas reunion was the father OF ou'
townsman, Mr,J, M Harshaw, Capt
Harshaw, whose home Is at Van AL
styne, Tex, Is 90 years OF age
The recently amended revenue law,
while It removed the tax from man,
things retained the 80 cent tax on bond'
OF guardians and administrators, a FAC
which those interested should bear II
mind,
Chief OF Police Garrett and Constable
Martin Thursday arrested u crippled
hobo, whose actions led them to believe
he was not cripple, They took HIN
10 DR.. parchn,an's Office and he' ate
examination, pronounced him sound II
wind and limbs, Al Street Comm's
siouer pernot needs more rock crnsher'
he will be given y chance to earn MI
board,
Ajax racing team at y meeting hell
Monday night elected Emmett Andersen
trainer, II, however. all depends OF
financial encouragement given the 80
l,c,,ora selected to call on our bushes
man whether the team will continu
nraotico for the tournament or disband
IL will require from $3.50 to 1900 Tor IN
absolute expenses Of the company
thev ara 10 visit Kansas CITY and unles
tbia amount Ia contributed u VIII D
Imnoasible for them TO go'