davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-08-08
STATETROOPS 10 SHOOT
ADJUTANT GENERAL URGES IN
 TEREST IN CONTEST.
Montgomery Will Probably be Rep resented by a Team at Rifle Range Shooting on Au-
 gust 25.

Adiutant General W. w. Brandon has sent to every military organization in Alabama a circular letter calling atten- ton to the fifth annual meeting of the Savannah Military Rifle Range Associd- tion to which the Alabama troops have been invited.
 With each circular letter he has sent a copy of the advance circular Of the association and a copy of addenda to the advance circular.
 The addenda calls attention to the vis- itors' match which has lately been put on the list of competitions This is to be a match for ten men with first prize of s75, second prize of $50 an da third prize of $25. This match has been specially arranged for visitors and all teams from Georgia are barred.
 Colonel Brandons letter to the various organizations of the State is as follows:
 Montgomery, August 6, 1902. 'Sir:-Your attention is invited to the circulars @ herein enclosed
 Savannah Military Rifle Range Asso- ciation.
 Il Advance circular of fifth annual meeting at Savannah, Ga.
 70 Addenda to advance circular These circulars fully explain the ob- ject and purpose of the proposed meet ing, and the details are specifically stat ed therein. The purpose is an excellent one, and has the hearty commendation of the Commander-in-Chief. The Adju- tant General recommends heartily the movement and urges company comand- CTS to organize teams from the respect i've companies to attend and participate in this target practice. Yours truly.
 "W. W. Brandon,
 "Adjutant General" At the Savannah shoot. which will be held AuFust 25-30 inclusive, visitors will participate in the eleven matches which have been arranged. Invitations have been extended direct from the association to all organizations in Alabama and all ready considerable interest has been aroused.
 Several teams from Alabama are ex- pected to attend. If no unforeseen cir cumstance prevents Montgomery will be represented by a team of marksmen. Lieutenant J. Hunt Taylor of the Greys who Is an expert rifle shot, is endeavoring to get the team together with every pros- pect of success.
The Montgomery advertiser., 1902-08-08
LOW TALKS TO PUBLIC,
Discusses Police Matters in His
 Weekly Statement.

New York, Aug. 7.-Mayor Low today, in his weekly statement to the public. dis cussed police matters. He announced that he was going to appoint commits sion. consisting of Police Commissioner Partridge Eugene A. Philbin. formerly District Attorney, and Gen. Avery D. Andrews, formerly police commission CT. to draw up and submit to him sug- gestions tending to the better adminis- tration of the police force. These sug- gestions will, if possible, be made laws governing the force.
 The Mayor said the chief commissioner should have the right to remove subor- dinates who are corrupt, or incompetent, without recourse to the commissioners and without long trials.
 On the subject of the police and the ex- else law, the Mayor specified the require ments of the Raines law, and said that the police will be expected to enforce them. adding:
 But they are not bound and neither will they be expected ordinarily, in the enforcement to go beyond what they can accomplish in full uniform"
 The Mayor drew attention to the fact that large number of places which, to the ordinary sight, appear to be saloons. have a legal right to sell liquor on Sum day, about one saloon in five being a "hotel' under the provisions Of the Raines law.
The Montgomery advertiser., 1902-08-08
WHAT GoLDBERGER LEARNED
German Writes of His Observations
 in the United States,

Berlin. Aug. 7.-L. NJ. Goldberger' a royal priVy councillor of commerce. who recently visited the United States. VIII end series of articles on that country in Die Woche Sunday. This arucIe quotes President Roosevelt in an inter viev with Herr Goldberger. at the W Nnlte House as saying The economic future belongs to the United States and Ger many and the welfare of both countries lies ir intelligent mutual esteem
 H,rr Goldberger makes omparlsons ne- twesn Germany and the United States and says that one thing certain IS that the shsrpest competition will be made by ttc United States for the world s markets
 I've must unconditionally admit says the writer that in the art of industrial organization, in disciplined cooperation, in tn, reduction of costs of production, in the utilization of every advantage at tainahle by mechanical development, withou. regard to cost, we ind beyond the Atlantic abundant models
 The writer declares that he found the Americans marvelously, almost uncan- nily, informed about events and facts
The Montgomery advertiser., 1902-08-08

or locality, or any particular description
 of traffic. in any respect whatsoever or
 to subject any particular person, com
 pany, firm. corporation or locality, or any
 particular description of traffic, to any
 undue or unreasonable prejudice or dis
 advantage in any respect whatsoever.
 Every common carrier subject to the
 provisions of this act shall. according
 to the,c respective powers, afford all
 reasonable proper and equal facilities for
 the interchange of traffic between their
 respective lines. and for the receiving.
 forwarding and delivering of passengers
 and property to and from their respective lines. and those connecting herewith. and shall not discriminate in their rates and charges between such connecting lines but this shall not be construed as
 give the use of its tracks or terminal facilities to another carrier engaged in like business
 'Thet claim is that, having granted cer- tain rights and privileges to the Bour- bon Stockyards Company, this section guarantees equal privileges to the Cen tral Stockyards Company This construc- tion of the act is not SuStainable. It is | the duty of the railroad company to pro- | vide reasonable facilities for the unload | ing and care of live stock. This duty it | might discharge by itself furnishing suf- | ficient facilities. or 1t might contract
 with others to make such provision. The | respondent has chosen the latter course. | By contract with the Bourbon Stockyards | Company it has provided facilities for | the care Of stock 'eceived at Louisville. These facilities cannot be denied to some
 and afforded to othe IS. But this is far | from saying that it was the purpose of | the law to dictate to common< carriers | the means by which It shall discharge its
 obligations to shippers. To hold other
 wise would be. having regard to the I present case, to require the railroad com l pany to make connections with as many | stockyard companies as may see fit to | provide facilities equal to those fur
 nished by the company or it's agents. | This would he carrying the act far be-
 and Indiana Bridge Company vs. Louis | vile and Nashville Railroad. 37 Federal. 611 !"
The Montgomery advertiser., 1902-08-08
TRY IT THIS YEAR.

this question must be answered in the negative.
 The court, after considering other cases. continues as follows:
 Judge Taft quotes from the opinion of Judge Harlan in Stockyards Company vs. Keith, 1S9 L. $. 12S. as follows:
 We must not be understood as hold ing that the railr company in this case was under any legal obligation to furnish. or cause to be furnished. suit able and convenient appliances for ceiving and delivering i've stock at every point on it's line in the city of Covington where persons engaged in buying. selling or shipping live stock choose to establish yards. In respect to the mere loading and unloading of live stock. it is only required by the nature of it's employment to furnish such facilities as are reason ably sufficient for the business at that city. So far as the record dscloses, the yards maintained by the appellant are. for the purposes just stated, equal to all the needs, at that city. of shippers and consignors of live stock, and. if the ap- pellee had been permitted to use them
 without extra charge for mere yardage'
 they would have been without just
 grounds of complaint in that regard, for
 it did not concern them whether the rail-
 road company itself maintained stock yards. or employed another company or corporation to supply the facilities for receiving and delivering live stock 1t
 was under obligation to the public to furnish. But as the appellant did not ac- | cord to appellees the privileges they were | entitled to from it's principal, the car l rlcr, and as the carrier did not offer to
 establish stockyard of it's own for ship | pers and cOnsignees the court below did l not err in requiring the railroad company l and the receivers to receive and to de- 1 liver live stock from and to the appellees l at their stockyards in the immediate vii | cinity of the appellants wards when the l former were put in proper condition to | be usei for that purpose, under such | reasonable regulations as the railroad l company might establish. It was not | within the power of the railroad com 1 pany. by such agreement as that of No-
 vember 19 1881, or by agreement in any l form, to burden the appellces with | charges for services it was bound to rem
 der without any other compensation than
 the customary charges for transporta- ] tion.
 We think this langage is no less ap- l plicable to the case under consideration. ! The Louisville and Nashville Railway l Company has by contract arranged for l the discharge of it's duties to shippers | of live stock at the Bourbon Stockyards. 1 The proof does not show that these ac- 1 commodauons are inadequate or the l charges illegal. It would doubtless be i convenient and promote the business of | dealers and shippers if other facilities were afforded. but we find in the law
 nothing aside from a positive statute, that | requires more ample provision al the 1 hands of the respondent.
The Montgomery advertiser., 1902-08-08

by the contract between he parties. Each controls it's own railroad and may de. termine for itself upon what terms 1t will unite for joint tariff. No arrange, ment exists with the Southern Railroad for the transportation and delivery Of cars of live stock to the Central Stock yards. if that can be assumed to be a station on the line of the Southern Rail road. nor do we think court of equity has the power to make one and supervise it's execution nor has this right been conferred upon the courts by the inter state comerce act. This doctrine is so thoroughly established as to require no more than the citation of the authGrlties vs. D. N. O. Railroad, no U. S., 667; Express Cases l17 W S. l. Pullman padfa Pal Pal way CO, 115 U. S., 5S7; N. Pac. Railroad ys Dustin; l52 U S. 492; KentpcKy 1ot;,sxiIa and and Nashville Railroad 37 Fed. 567; L.. and N: R; R: Co;; :;,; vs L; ;,s M cd R. R. II P R R., 51 Fed. 475; St. L. Drayage Go. vs. L. and N. R. R.. 65 Fed SS; Allen and Lewis vs. Oregon k. and Nav. Co., 9S Fed. l6"
The Montgomery advertiser., 1902-08-08
THE [. AND N. WINS
OPINION OF U. S. CIRCUIT COURT
 ON STOCK YARDS CASE.
Duty as Common Carrier-The State Constitution Cannot Assume to Regulate the Interstate
 Commerce.
Louisville Courier-Jouanl.

Louisville Courier -Jouanl.
 The opinion O fthe United States Circu. Court of Appeals in the case of the Cen tral Stockyards Company vs. the Louis vile and Nashville Railroad Company. which was delivered by Judge Day some days ago, has just been received here.
 The attorneys who represented the rail- road company in the case claim that it is a complete victory on every point for the railroad company, and that every contention made by the railroad company was fully sustained As will be remem- bered, the litigation grew out of the re- fusal of the railroad company to accept business originating at points on it's line outside of the State consigned to the Cen tral Stockyards, or to any one in its care, the railroad company claiming that the Bourbon stockyards was it's live stock depot in Louisville. and refusing to ac- cept for transportation live stock to be delivered at any other place in Louis vile than the Bourbon stockyards.
 The stockyards company claimed that it had right to compel the shipment of live stock and transfer of cars con signed to it, or to any person in it's care at one of the points of physical connec- tion with the Southern Railway in Louis vile. upon three grounds, viz:
 That such is the legal duty of the de- fendant company as common carrier.
 Because of the requirements of the act to regulate commerce, passed by the Con- gress of the United States on February 4. 1887, known as the Interstate Commerce Act.
 By amended bill that such is the duty of the corporation under the Constitution and laws of the State of Kentucky
 The Circuit Court dismissed the applica- tion for a temporary injunction, and af- terward dismissed the bill for want of jurisdiction in equity. Compliments ap- peal.
 In answer to the first contention of the stockyards company, the railroad company claimed that it had established d by contracts with the Bourbon Stock yards Company. the Bourbon Stockyards in Louisville as its live stock depot, and that it had the legal right to do this and to refuse to accept or deliver live stock destined for Louisville at any other point in the city Of Louisville than the Bour- bon stockyards. Tn the discussion of this pronosition the court said:
The Montgomery advertiser., 1902-08-08
Dispose of Second Clause.
inuing the Court savs

Continuing the Court says:
 These considerations dispose of this branch of the case. If 1t could be regard ed as one involving the right to re0ui ga one railroad to interchange traffic with another. the position of the complainant would be equally untenable. At common law a railroad company is only bound to transport freight to it's own terminus The rule is thus stated in A. T. and S. F. R. R., vs. Denver N. o. K. R. Co.,. 11O U. S.. il:
 " At common law carrier is not bound to carry except on his own line, and we think it quite clear that if he contracts to go beyond he may, in the absence of statutory regulations to the contrary, determine for himself what agencies he will employ. His contract is equivalent to an extension of his line for the pur- poses of his contract, and if he holds himself out carrier beyond his line. so that he may be required to carry for all alike he may nevertheless confine himself in carrying to the particular route he chooses to use. He puts himself in no worse position. by extending his route with the half of others. than he would occupy if the means of transportation employed were all his own. He certainly may select his own agencies and his own associate for doing his own work.
 Tt Is averred in the bill that the South ern Railway Company has notified the respondent that 1t would be and now is wiling to be responsible from points of physical connection with the Louisville and Nashville Railroad for the delivery of such live stock and the collection of all charges on the same. and would promptly return to such points of connection all empty cars. and would account for all frcight charges collected in the usual way This may be true. and would pos sibly be q reasonable arrangement. But have the courts the right, in the absence of statute to dictate to carriers the con- tracts they shall make in the inter change of traffic. and to require such to be carried out as the courts deem reason ahie? The billing and transfer of freight from outside points over the two rail- roads is matter of arrangement be- tween them. The proportion of the joint tariff each shall receive the handling of cars the liability Of one to the other and other matters are to be determined
The Montgomery advertiser., 1902-08-08
DIR. JOHN MASSEY
Gives Thirty Free Scholarships in the Alabama Conference Female
 College.

Read the following letter:
 While we recognize that the prime ob- ject of a church school is to give full orbed culture on the ( hristian ideal, we also recognize that an important part of it's work is to aid worthy young people who are striving. under adverse condi- tions. to raise themselves into a higher plane of culture and usefulness.
 We will, therefore, give thirty scholar ships of free tuition to worthy girls who are able to pay board, but who could not attend college without some help, making the entire expenses in the >'arding and literary departments only $1o0; and to those young ladies who are entirely de- pendent on their own efforts, we will make the expenses $135 for the scholas- tic year of nine months. As our number of such scholarships is necessarily linn ited it will be we'll for those desiring to make application, to do 50 as soon as possible.
 If you know of any who are worthy of these scholarships, and who are prepared to avail themselves of them, please have the inclosed application filled out and re- returned to me for approval
 In giving these eholai shipz, we shall use our portion of the educational collections coming from the Conference and the in- terest on our endowment; so that this burden shall, in no wise, be put upon our other patrons. nor shall the quality of our services be lowered. Every one shai have full value for all that he pays for
 The prospects for the usefulness of the college were never better. We have had more applications than usual during the months of June and July; and we have had many complimentary expressions ir regard to the work done hero in past years. But no institution, whose object is to raise humanity to highet plane. car succeed without labor and sacrifice, Wn you contribute a small portion of your time and thought. to help worthy young | women to better education, to advance the cause of learning and to promote the | formation of character on the Christian | ideal? Yours sincerely,
 John Massey, President, adv. Tuskegee, Ala.
The Montgomery advertiser., 1902-08-08
Dysentery Cured Without the Aid of
 n0nf0y

"I am just up from hard spell of the flux," (dyse ntery). says MT. T. A Pin ner well known merchant of Drum mond. Tenn. q used one small bottle of Chamberlan's Coic. Cholera and Diar- rhoel Remedy ana was cured without having a doctor, 1 consider 1t the best cholera medicine in the world" There is no need of employing a doctor when this remedy is used. for no doctor can prescribe better medicine for bowel complaint in any form either for children of adults. It never fails and Is pleasant to take. For sale by F.. c. Fowler. Drug gist -adV.
The Montgomery advertiser., 1902-08-08
Cannot Regulate Interstate Com
 merCe.

On the third point made by the stock yards company that 1t is the duty of the railroad company to accept ana deHVer livestock consigned to the Central Stock yards under the Constitution and laws of the State of Kentucky. the Court says:
 Tt is further alleged that the duty of complying with the complainant de- mand rests upon the defendant company. because of the requirements Of the Con stitution of the State of Kentucky and the laws passed in pursuance thereof Assuming without deciding, that the Kentucky Constitution and legislation re- quire the defendant company to receive, deliver, transport and transfer freight to any point that is in physical connec- tion with the tracks of another company. so that the complainant has, as to traffic originating in Kentucky. the right to re- Quire that the shipment be received and transported in accordance with the pray CT of the bill the questions remains have the Kentucky Constitution and statutes any operations beyond the limits of that State? The interstate commerce clause Of the Federal Consultation has given rise to much litigation and frequent construc- tion by the Supreme Court. It is thor oughly settled that the powers of Con gress to regulate commerce IS plenary' and no State had the right to regulate purely interstate commerce. On the oth- CT hand, the State has the right to make provisions as to matters within it's own boundaries intended as aids to commerce, not thereby regulating interstate trafnc.
 Tn the case at bar we think the relief sought pertains to the transportation and delivery of interstate freight. It is not the means of making physical connec- ton with other railroads that IS aimed at. but it is sought to compel the cars and freight received from one State to be de- livered to another al a particular place m a particular way. If the Kentucky Constitution could be given any Such con- struction 1t would follow it could regu- late interstate commerce. This 1t cannot T.
The Montgomery advertiser., 1902-08-08
Meeting of osteopaths.

Milwaukee Aug 1.-The educational committee of the American Osteopathic Association presented its report at todays session. The report. which was accepted. advocated extending the course of study. and raising the standard of schools of os- teopathy. The committee on legislation told what had been done In legislative way in Ohio, New York and other States, and favored continuation of the work along the lines pursued. A portion of the sessions was devoted to clinics.
The Montgomery advertiser., 1902-08-08
I'M oIIR. WINDOW TODAY

Is a barrel of of standard Grape Juice, which we will sell Friday and Saturday only at 25 cents quart, purchasers to furnish bottles. This grape juice retails the world over for 50 cents a quart; five guessos at the weight of the cake with each quart sold. Dowe's Randy Kitchen.
The Montgomery advertiser., 1902-08-08

conc erning international trade produc- ton. A practical lesson for Germany, he continues. is to give free play to economic forces to reduce government meduling, to remove prejudices against innovations, and tJ introduce the best features of the American trusts eschewing apitalization nrOn~iSeS
The Montgomery advertiser., 1902-08-08
Suitable Provisions are Enough.

On the second point urgel by the Cen tral Stockyards Company, the Court says:
 Tt is further alleged in tho bill that the refusal to make the desired shipping and transfer of stock to the yards of the complainant is a violation of Section 3 of the Interstate Commerce act. which provides:
 common Carirer subject to the provisions of this act to make or give undue or un- reasonable preference or advantage to any particular person, firm, corporation
The Montgomery advertiser., 1902-08-08

was postponed until tomorrow, to await some definite settlement as to bail. O'Brien's father was the only one present at the hearing besides the officials and counsel. After the postponemcnt. the defendant was taken to the house of correction here. where he will remain until tcmorrow's hearing.
The Montgomery advertiser., 1902-08-08
Chamberlain Not Aware of I,

London. Aug. 7.-The Home Secretary, C. T. Ritchie. in behalf of Colonial Sec retary Chamberlain. in the House of Com mons today, said that Mir. Chamberlain was not aware of any arrangements to- wlrd inviting tenders for fast mail ser vice between Great Britain and Canada.
The Montgomery advertiser., 1902-08-08
Yards Not Inadequate.

There is no showing of the inadequacy of the Bourbon Stockyards Company in the matter of commodations for re- ceiying and caring for cattle. The de fendant has there made provisions ample for the care of such stock with com pany obligated 10 discharge the duties in this behalf required by the law of com mon carriers Is tha defa ldant obliged by law to make Louisville delivery at other points by making connections for other Louisville stockyards? We think
The Montgomery advertiser., 1902-08-08
o.Rrien,s Hearing Today.

Pittsheld, Mass. Aug. IA brief hear ing was given Corporal O'Brien before United States Commissioner Wood here this afternoon. the charge being perjury.
 After consultation of counsel, the case
The Montgomery advertiser., 1902-08-08

FIFTY AGAINST TWO. It is not req sonable to expect two weeks of outing to overcome the effects of fifty weeks of confinement Take Hood $ Sarsaparilla along with you. It refreshes the blood. improves the appetite, makes sleep easy and restful. (D-adV
The Montgomery advertiser., 1902-08-08
Fruits and Flowers.

Not until Henry VIII.'s time were rasp- harrias or strawberries or cherries grown in England, and we do not read of tulip. cauIifower and quince being cultivated before the sixteenth century or the carot hefore the seventeenth century.