davidaulloa/AmericanStories huggingface dataset:
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
COURTS REASON FOR
REFUSING INJUNCTION.
Judge Speer Read Opinion In Ceie
brated McIver Case.

Judge Speer Read Opinion In Ceie-
brated McIver Case.
Judge Speer delivered his opinion
and reasons for refusing the injunc-
ton asked for by the defendant in the
celebrated McIver case, mention of
which was made in the Morning News
yesterday morning stating his grounds
for taking such action, as follows:
81 am very clear that the removal of
this cause to the United States court
and the trial had on it here concludes
the rights of the parties. The case was
fully heard, motion to direct YER
dict was made, and after argument the
court decided that the motion should
prevail. Before, however the foreman
of the jury had signed the verdict the
plaintiffs counsel dismissed his case.
The order of discontinuance contained
no clause saving the right to re-insti-
tute the case here or elsewhere. The
suit had been originally for $100 1t
was Immediately Reconstructed in the
state court for $1,999. This was so
plainly an effort to defeat the jurisdic-
ton of this court and the rights of nom
resident parties which had accrued
therein, by virtue of the removal of
the cause, that the court then declared
that the defendant had the right to
seek an injunction restraining the pro-
ceeding in the state court, or some 9TH
er remedy which would be more active
in its operation on the plaintiffs at
torneyS.
But this was four years ago. The
suggestion of the court was not adopt
ed by the defendant; it selected the
state court as the forum in which to
make the issue that the cause of ac-
ton had been removed to this court. 1t
proceeded there to decision before the
supreme appellate court of the state
and at this late day we are now asked
to enjoin the proceedings in the state
court.
"Now. while 1 do not doubt that in
a case of this character, a court of the
United States may. in aid of it's juris-
diction, which it has fully acquired, is
sue an ancillary injunction operative
upon the parties to prevent a delay or
disregard of that jurisdiction. by pro-
ceedings in a state court, this power
should be most sparingly invoked. 1t
depends upon comfy which, in itself,
is the exercise of discretion, or diplo-
matte powers of the court, to prevent
apparent disrespect of another court,
or conflict or jurisdiction.
"Since it is easily competent for the
defendant to carry this question to the
Supreme Court of the United States,
after final judgment in the state court,
we think it proper that it should be re-
mitted to that procedure. and that the
injunction sought here should be de-
MED.
1.-The injunction. therefore. is de-
MED and the defendant company is
left to the remedy the court indicates.
or to such other remedies as the in
genuitY of counsel may devise"
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
TWO OTHER SUSPECTS
UNDER ARREST.
Men Who Were in DrunsOn Before
Bank Was Robbed Are Prisoners.

Men Who Were in BrunsOn Before
Bank Was Robbed Are Prisoners.
Identified as two men who were in
Brunson. S. c.. Monday afternoon
several hours before the Bank of Brun-
son was robbed of $500 in silver, Mike
Brady and Edward 7. Parker, white
men, were arrested in a restaurant
near the City Market yesterday morn
ing.
The men We're recognized by w. H.
Bowling who came from Brunson for
the purpose of looking at the two line
men arrested on a freight train from
Garnett the day before. These men
proved not to be the right ones and
were released. The police believed
from the first that the linemen We're
all that they claimed. and when Mr..
bowling failed to identify them there
was no surprise expressed at police
headquarters.
But Brady and Parker admit that
they were in Brunson together, and
that they made purchases from Mr..
Bowling. They deny, however, that
they were in the town the afternoon
before the bank was robbed, but Mr..
Bowling is certain that he saw them.
He says that he cannot be mistaken,
and the fact that the men strenuously
deny having been in Brunson at the
time claimed, is regarded as suspicious
by DR.. Tuten, vice president of he
bank.
The prisoners were taken to Brun-
son, where a further investigation will
be made. There are two other men
under arrest near Brunson. and the
officers of the bank are leaving no
stone unturned in an effort to run the
robbers to cover. Brady and Parker
were made prisoners by Patrolman ].
j. Reilly. who was on duty in the
City Market.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
PASTORS WILL MEET
TO COMPLETE PROGRAMME.

The pastors who will be represented
in the Union Thanksgiving service at
the First Presbyterian Church to-day
are requested to meet in the Sunday
school room of the church at 10: As
o'clock. The meeting is for the pur-
pose of assigning the different parts
which each will take in the programme,
and the presence of all is earnestly de-
sired. Owing to the fact that the
South Georgia Conference is in session
at Sandersville. none of the Methodist
ministers will be in attendance at the
meeting this morning
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
FIXED WATER RATE
FOR CEMENT WORK.
Basis Rate of 25 Cents Per Hundred
Square Feet.

Basis Rate of 25 Cents Per Hundred
Square Feet.
An ordinance to fix the water rate
for water used in laying and construct
ing cement sidewalks was introduced
and placed on it's passage by Alderman
Garfunkel, chairman of the Water Com
mfttee, last night. The ordinance was
voted for unanimously and became a
law.
The new ordinance provides that a
basis of rs cents per 100 square feet
OF paving be used in determining what
sum shall be paid into the city treas
ury. 1t is further specified that every
person constructing cement sidewalks
shall secure a permit from the city
treasurer before beginning work. and
at that time shall pay for the water
to be used. The applicant must fur
nish to the treasurer the locality where
such sidewalks are to be laid, and
their superficial area. A penalty of
$25 or thirty days is provided in cases
where the ordinance is not complied
with.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
Effective Nov. Is, table de hot.

Effective Nov. is, table de hote"
service in dining cars on FLORIDA and
West Indian Limited" via Atlantic
Coast Line, was resumed. Effective
Nov 20, dining car will run from New
York to Jacksonville, instead of New
York to Savannah. Meals served from
the best products of Eastern and
Southern markets. Service on this
splendid train is unequaled. Two hours
quicker than any other line to New
York. Convenient arrival and de-.
parture time at Jacksonville. ConsuIt
the purple folder, and apply to ticket
agent or w. H. Leahy, division pas
senger agent, Savannah, Ga.-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
GASOLINE ORDINANCE
WAS NOT PASSED.

AT the suggestion of Alderman Dix
on the gasoline ordinance, read for the
second time before City Council last
night. was not put on passage, but was
referred back TO a committee.
With exception of Alderman Davant
who introduced the ordinance, the al
dermen voted unanimously to refer
the ordinance to the Fire Committee
with instructions to report back to the
Committee Of the Whole. The ordi-
nance will not be passed in its present
shape and an entirely new one may be
be introduced. Automobile owners
nave complained that under the or
dinance offered they could not keer
their machines at home.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
COURT RECOMMENDS
EXECUTIVE CLEMENCY
Order to Allow Convicted Negro to
Appeal to President.

Judge Speer issued an order yester-
day to the effect that Mollie Melton
alias Clarissa Owens, who pleaded
guilty to the charge of fraudulentIy
drawing pension, and was sentenced
to one year and days hard labor in
the government penitentiary, be held
in the Bibb county Jail until she could
make appeal to the President of the
United States for pardon, there being
eXtenuating circumstances in her case,
which would justify the court in rec
ommending executive clemency.
The charges against the Owens wom-
an was that she represented herself to
the pension agent as the widow Of
Isaiah Owens. who was a member of
the Thirty-fourth Infantry, when she
was in reality the sister of the de-
ceased.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
Delicious Things To-day

To-day, Thanksgiving Day, is the
time for good eating, and the best
thing to round out a Thanksgiving
dinner is homemade mince pie,
made and sold by John Derst at his
bakery, Broughton street, east. Derst's
puff paste, fresh every day. is the most
delicious pastry in the world. 1t melts
in your mouth and delights you as
nothing else will. Derst's bakery makes
only the best. Everything new in pas
try, cakes and bread can always be
found fresh. correctly made and per-
fectly baked. Go to Derst's to-day and
get some of the goods things.-ad
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
ELKS ENTERTAINED
MINSTREL COMPANY.

After the performance last night the
members of the Faust minstrel aggre-
cation were entertained by the Elks
at their hall, on BroUghton and Whit
aker streets. Refreshments were serv-
ed, yarns were told, and an enjoyable
time was had Members of the com
pany entertained the Elks with songs,
some of which were not on the theater
programme
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26

The Iron Mountain Route have
shortened their time to California 70
hours, now making the run from Mem
phis to Los Angeles in three days.
Through Standard sleeping cars are
operated daily. Tourist car every
Thursday. Sure connections, excellent
accommodations.
The true Southern route to Califor-
MIA.
For further information call on. or
address l. Z. Rehlander, T. P. A.,
Chattanooga, Tenn, II. c. Townsend,
G. p. A., st. Louis, Mo.-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
GOVERNMENT INSPECTOR
HOLMES IN SAVAN NAH.

Made Thorough Examination of
Government buildings Here.
Mr.. j. C. Holmes, United States in
spector of public buildings was in Sa-
vannah yesterday on an inspection tour,
and made a thorough examination of
the postoffice and Custom House build
ings, and other government property
here.
The inspector is not allowed to make
public the statement of the conditions
of the buildings as he finds them, but
the officials in charge of government
property here are satisfied with the re-
suit of the showing made in the care
of the buildings.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
RUCKER RETURNED TO
ATLANTA YESTERDAY

Joe Terrell Rucker, one Of the prin-
cipal figues in the shanghaiing cases
that have absorbed local attention for
the past few weeks, returned to bic
nome IN Atlanta yesterday morning
anu anu mere Is httle possibility of his re-
a witness in the cases against 6Isa as
in which indictments were retnrna5
Tuesday. iieu
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
COUNCIL CONTRIBUTED
TO TREE NURSERY
Petition of Park and Tree Commits
sion Secured 5000.

sion Secured 5000.
A petition from the Park and Tree
Commission asking Council that the
special appropriation of $1,000 for En-
met Park be divided between the gem
eral park maintenance and the tree
nursery. Council appropriated $500 for
each.
The petition set forth that although
the commission has been economical
it has been unable to keep within the
regular appropriation for the general
park maintenance. Attention was also
called to the fact that the work of
preparing twenty-five acres of land
leased by the city for the tree nursery
should be done at this time.
The commission suggested that mas
much as litigation has prevented the
improvement of Emmett Park. for
which a special appropriation of ST.
900 was made, that this amount be di-
vided between the tree nursery and
the general park maintenance. 1t was
this petition that prompted Council to
make the appropriation referred to.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26

meeting last night. although the alder
men were in session longer than usual
The tax ordinance was read by
Clerk Dreamer. The ordinance for 1903
was read and the changes that will
be made will be put in the shape Of an
amendment when the ordinance comes
up for passage at the next meeting.
A petition from Sheriff John Schwarz
calling attention 10 the present condi-
ton of Margaret street and asking
that it be paved was read and re-
ferred to the Streets and Lanes Com
mittee
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
MADE SPECIAL
SOUTHERN AGENT

Mr.. r. V. Connerat has been APP
pointed by the George N. Pierce Com
pany of Buffalo, Southern agent for
their automobiles and bicycles, and he
left yesterday for Charleston for a
months tour of the chief cities of the
South. Mr.. Connerats promotion is
due to the excellent record he made for
the Pierce goods in this city and sec
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
UNITED STATES COURT
ADJOURNED UNTIL MARCH,
Regular January and February
Term Will Not BE Held as Usual.

The United States court was ad-
journed by Judge Speer yesterday aft
ernoon until March, the usual January
and February terms being deferred I'M
til that month.
Judge Speer announced, in assigning
cases at the commencement of the term
just closed, that he had been invited
to sit with the Circuit Court of An
peals at New Orleans, during the
months of January and February. and
for that reason that all cases that
lawyers had that they wished carried
over to the post holiday term. would
be assigned for days in March.
Judge Speer left last night for his
home in Macon. ---S
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
RECORD BREAKING
TAX COLLECTIONS.
Largest Days Receipts of the Year
Recorded Yesterday.

Recorded Yesterday.
Tax Collector Thomson broke all
records for the year on tax collections
yesterday, over $4,000 being turned in
to the county till.
Up to this time collections for the
year are far behind those of last
year, and the year preceding but
there has been a marked improvement
for the past three days, and Mr.
Thomson expects to have his hands
full for the rest of the month.
The collection books will close this
year on Dec. 10. The usual date
for the closing is Dec. 20, but this date
falling on Sunday this year, the books
will close one day earlier.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
Christmas Presents at AuctiOn-Time
to Select.

Christmas presents are inevitable.
You've got to buy them sooner or later.
This year you can buy better presents
for less money than ever in your life.
Sternberg & Co.'S compulsory auction
sale of the fine stock of diamonds, Jew
elry, cut glass, silverware and novel
ties is your opportunity. Sales daily at
1890 a. m. and 800 and 1880 p. mad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
Christmas Holiday rat.

Southern Railway announces rate ~
one and one-third fares plus 20 cents
for the round trip. account Christmas
Holiday. Tickets on sale Dec. % "a
20, 30, 81 and Jan. l, with final limit
Jan. 4. To teachers and students of
schools anu colleges same rate will be
with final limit Jan. 8, but only unon
presentation and surrender of cerfid-
Gates signed by superintendent. min
cipals or presidents of the various in
stitutions. Information gladly furnish
ed upon application to Depot Ticket or
fee, Union Station, or to City Ticket
Office, 141 Bull street .-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
JULIAN SCHLEY U. S. -.>.
JURY COMMISSIONER

Moved Out of District.
Judge Speer yesterday appointed Mr..
Julian Schley, United States jury com
missioner to succeed Mr.. J. D. Harrell,
whose removal from the Southern dis
trict caused a vacancy.
Mr.. Schley will be the commissioner
for the Savannah division of the South
ern district of Georgia, and will be the
Democratic representative on the com
mission. Clerk Tomlinson johnson is
the other commissioner.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
WILL HAVE STORM DOORS
IN CITY MARKET.
City Council Made n Special ApprO-
priation of 500.

City Council Made n Special Appro-
priatiOn of $3.50.
Storm doors will be purchased at once
for the City Market, and next year ex-
tensive improvements will probably be
made. Council last night appropriate
ed $3.50 to be used in purchasing and
putting up the storm doors.
These doors are to be placed on the
eastern, western, and northern sides of
the market and will make it very much
warmer during the winter months
The work will be done Immediately I'M
der the direction of the Market Com
mittee. 1t is the purpose of Alder
man Schroeders committee to try and
secure an appropriation for more elab-
crate improvements next year.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
when You Cam Make Price,

You naturally won't make them too
high. At sternberg & Co.'S auction
sales Of their valuable jewelry stock
you can buy Christmas presents. her
ter values for less money than ever In
your experimental.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
Grnybeard Cured Him.

"Graybeard cured Inc of rheumatism
and consider it the best medicine l
ever took tor rheumatism. 1 recon-
mend it to my friends.
Chas. N. Thomas,
Member of ]. a. G. ". Thomas, Jew
elers. 1s6 Whitaker Street.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
WINNERS OF CAMERA
CLUB PRIZES.
Clubs Annual Exhibition Will Be
Held To-day and Tomorrow.

Clubs Annual Exhibition Will Be
Held To-day and Tomorrow.
The Savannah Camera Club award
ed the prizes in its annual contests
last night. The fall exhibition will
open at 4 o'clock this afternoon and
the club rooms will be open to visitors
until IL o'clock tonight. The same
hours will be observed tomorrow.
The contests for prizes this year
were keener than they have been here
| tofore, owing to the fact that the pic
lures in competition were not opposed
to those members who have been in
the contests in former years and who
have carried off most of the prizes.
The prizes in all contests are awarded
by a vote of the club members after
the pictures have been viewed.
In the portrait class the first prize
was awarded to Mr.. A. Shulhafer and
the second prize to Mr.. P. G. Pierpont.
In the genre class Mr.. Pierpont was
| awarded the prize. In the landscape
class, in which there was the largest
number of entries, the first prize went
to Mr.. Pierpont for THE Road to Mil
| ton" and the second prize to Mr.. E.
| M. Nichols for The Brook" In the
| architecture class Mr.. Nichols won the
| first prize for residence OF Mr.. b.
The second prize went to Mr.. J. G.
| Swanston for Savannah Water
| Works.. In the animal class Mr..
Monroe Mayer was awarded the first
prize for "A Pointer Dog and Mr.. B.
]. Apple won the second prize for 10
| sephine" Ca dog). In the enlarge
ment class Mr.. Pierpont's THE Storm
King won the first prize and Mr. ].
M Rtch's THE Bridesmaid" was
awarded the second prize. Mr.. e.
M. Nichols ''U. S. S. Newport" won
the first prize in the marine class and
the same subject by Mr.. Pierpont was
awarded second prize. In the special
contest for the series of five illustra-
tons of Savannah Mr.. B. ]. Apple
was awarded the prize. By the rules
of the club the gold medal went to
Mr.. Pierpont.
At a business meeting of the direc-
tors after the prizes had been award
ed, the resignation of Mr.. Herman
Shuptrine, as president of the club,
was accepted and Mr.. E. NJ Nichols
was elected his successor. Mr.. L. NJ.
Williams was elected a member of the
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26

For a very pretty calendar for year
1904, including December, 1903 apply
to ticket agent Atlantic Coast Line
De Soto Hotel, or w. H. Leahv. a.
vision passenger agent, Savannah! Ca
I'D, Ns''
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26

Get Graybeard at all drug stores, 81
a bottle.
Graybeard Pills. little treasures, CSC
the box.-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-26
READ TAX ORDINANCE
FOR FIRST TIME.

There were not a great many mat
tiers before City Council at the regular
Warren sheaf., 1903-05-28
Western Cities Lively.

The eastern visitor finds the cities
of the northwestern coast brimful OF
life, color, significance, picturesque in
terest; and though the forces which
have combined in their making are
somewhat similar, each has a distinct
character and individuality. ''Lively,'
"a word of the west, may we'll be applied
to them-a sort of brisk activity,
youthfulness, ozone. They have the
rather unusual capacity of doing big
things and talking about them Justify
at the same time. It is the cry of the
street corners: 'Just watch us grow
See us getting to the front. Ray
Stannard Baker, in Century.
Warren sheaf., 1903-05-28
A Mean InsinuatiOn.

The commencement exercises OF
the high school had passed off with
entire success, and at the request OF
the principal the diplomas of the
school had been delivered by Col
Wye, president of the school board
a worthy but somewhat pompous
citizen, to whom nothing had ever
happened to shake his high opinion
of himself.
At the close of the proceedings the
principal, with the praiseworthy pur-
pose of saying something compli-
mentary to his eminent colaborer in
the cause of education, took occasion
to observe:
"You acquitted yourself finely, col
onel. Your remarks were we'll
chosen"
"We1l chosen!" echoed the colonel,
turning red. Il want you to un-
derstand, sir, that those remarks
were not chosen at all. Every word
I uttered was original, sir!"-Youth's s
Companion.
Warren sheaf., 1903-05-28
New Fruits and Plants In Yucatan.

New Fruits and Plants In Yucatan.
The United States consul at Progreso
says that the fields and gardens of
.Yucatan are filled with useful vege-
tables and fragrant herbs unknown to-
the outer world. In the cultivated
fields are grown species of Indian corn,
beans, squashes and tubers for which,
in this country, we have no name, be-
cause we have never seen nor heard
of them. In the forests and jungles
grow wild fruits, already excellent in
quality, which could be made delicious
by scientific cultivation. Mr.. Thomp-
son, the consul, AYERS that there are
half a score of wild fruits which offer
more promising results to cultivation
than ever did the bitter wild almond,
which was the progenitor of the peach.
There are six varieties of Indian corn
in Yuca tan, and the natives speak of
this plant as "the grace of oGd."-
Youths Companion.
Warren sheaf., 1903-05-28
Official Paper ol
Marshall
g. County,.
Sl.OO PER YEAR.

BICYCLE riding on the sidewalks
is dangerous sport and should be
prohibited. Other cities have en-.
acted ordinances prohibiting the
free use of the sidewalks for this
reckless fun, and we shall expect to
see the Warren council, before very
long, gently inviting the wheelmen
to help themselves to the street.
Many have been crippled for life by
wheels coming past the corner un-
observed by the unfortunate pedes-
trian, and those Of us who have es-
capped such accidents thus far are
now beginning to feel that we
would rather get hurt in some other
way.
Warren sheaf., 1903-05-28
How She Worked Him,

Wife-You wouldn't want me to
have "a secret that you d-didn't
know anything about, would you,
dear?
Husband (suspicious) No, of
course not. ~
"Well, h-have one, and I s-suppose
I ought to tell you, but. ,..".
(Hoarsely)-"Go on. Tell me the
worst" ,....
'I-I have a secret longing for a
new sealskin sack, dear. r.'-Chicago
Daily News. ', III
Warren sheaf., 1903-05-28
Some Old Goldfish.

i There are some goldfish in Wash
ington which belonged to the same
family for the last SO years, and
they seem no bigger and no less vi
vacious to-day than they did when
they first came into the owners pos
session. A few of the fish in the
Royal aquarium in St. Petersburg are
known to be $50 years old.-Wash.
ington Star.
Warren sheaf., 1903-05-28
Door Of Hope.

Rancid Rufus-A lady told me yis-
tiddy to apply to de Door of Hope.
Wot does dat mean?
Moldy Mullins Dat means de kitch-
en- door, Of course. You can't never
hope to git nuthin' by ringin' de
door bell round at de front. nt.-Kansas
City Journal.