davidaulloa/AmericanStories huggingface dataset:
The Newark journal., 1903-07-24
As to Taxing Loans.

Chancellor j. V. Bourland at
Ozark recently handed down an i'm
portant decision involving loans
made by foreign corporations in
Arkansas. The action was brought
by the Union Central Life Insur-
ance Company Of Cincinnati against
James Pitcock, as collector Of Craw-
ford county, to restrain the collee-
ton Of tax alleged to be Illegal.
In passing upon the case Ghancel-
Tor Bourland said "The question
upon which the law must be de-
elared IS whether the loans of for
eign corporation having no domi-
cile or chief Office or agency in this
state, are subject to assessment and
return for taxes in the county
where the borrower resides or where
the real estate mortgage security Is
located Plaintiff is corporation
under the laws Of the state Of Ohio.
It's principal business is that of life
insurance, but it also carries on the
business Of making loans Of money
upon notes and mortgages upon
lands in Arkansas. For the latter
purpose it has no agency in this
state. II certain sections of our
statute would seem to indicate that
this particular species Of property
is intended to be taxed, it is proper
to reply that the whole scope of the
statute must be considered. 1t Is
not competent to view one or more
parts Of law abstractly, but the
prospective ought invariably to be
such as the full line of part mate
rial may always be within the scope
of vision. Thus viewing the stat
ute and considering policy, the ma
ture of the various classes of per-
sonality and the powers of the state
considered in respect of the powers
of other Independent soyereigns it is
clear to my mind that the terms of
our statute exclude the particular
class Of property involved in this ac-
ton from taxation in this state
While it is not necessary to so hold,
it Is true, nevertheless, that did our
statute by its express terms, re-
quire the taxation of each property
1t were a more serious question than
whether it would not be extra terri
torial and void. The probability is
that these notes and mortgages are
taxed where located, in Ohio, which
that state in principle has a clear
right to do, and TO tax the rights
here would be in effect double taxa
ton, an evil which our form of gov
eminent more than all others, abb
hors."
The Newark journal., 1903-07-24
Those Vetoed Bills.

The supreme court IN the case
or 7. c. Monroe, auditor, VS.. B.
w. Green ct al, a test case Of the
famous omnibus veto Of Gov. Da-
Wis, oyerruled the decision of the
lower court and sustained the veto
This was a case instituted by B.
W. Green, Dan W. Jones, H. S.
Nowlin and others to compel the
auditor of state to pay a
warrant drawn on an appro-
priation carried by house bill No.
III, to provide for a roster of Con-
federates soldiers and sailors of the
state. This bill was passed by the
last general assembly, but was moi
presented to the governor until
after the assembly had adjourned.
House bill No. AL was included,
with a number of others, which
has been called the "omnibus Veto
Of the governor. This suit was in
stituted for the purpose Of testing
the validity of the law, notwith-
standing the veto of the governor.
which it was thought was not made
in the manner prescribed in the
constitution. At the hearing of the
cause the auditor demurred to the
complaint filed, admitting all allie
cations contained therein, and in
sisted that there was no ground for
compelling the payment of the war
rant. Judge Winfield overruled the
demurrer and rendered judgment
against the auditor and instructed
him to honor the warrant drawn.
An appeal was tahken to the SUI
preme court and that court held
that while the bill was duly and le-
gally passed by both the house OF
representatives and the senate, yet
tilefe was no proper and legal pre-
sentation of the bill to the cover.
nor.
The court ruled that inasmueh az
the bill was not presented to the
governor within the time prescribed
by the constitution. it could not
become a law, even though the gov.
ernor had not exercised the veto
power. All other bills, about eighty
IN number, presented at the time the
above bill was placed in the hands
of the governor, are null and void
in accordance with the above rul-
ing.
The Newark journal., 1903-07-24
Will Borrow Money.

Among the most important meas
ures passed by the last legislature
affected by the recent decision of
the supreme court is the deaf mute
appropriation bill, the branch nor
NAL appropriation bill and the St.
Francis leyee bond bill, authoriz-
ing the issuance of 100000 in
bonds. There is no possibility of the
deaf-mute institute being closed be-
cause the appropriation fell under
the decision of the supreme court.
The method which will be pursued
will be to borrow money from time
to time, as it is necessary for the
conduct Of the institution and the
payment of all bills incurred by it
The Newark journal., 1903-07-24
G. A. R. Excursion to San Francisco.

Gen. j. Fl. Avery of Hot Springs,
commanding the department of Ar
kansas, G. A. R., has issued his gen
eral order relative to the thirty
seventh national encampment, which
will be held at San Francisco, Cal,
during the week commencing Mon
day, August II, 1908. Arrange
ments have been made for a through
sleeper, leaving Hot Springs at
1:45 p. m. on Wednesday, August
II, and Little Rock at 3 :45 p. m.,
reaching San Francisco at 4 p. IN.
on Sunday, August 16. The official
route has been selected over the
Choetaw, Oklahoma and Gulf rail.
road to Memphis, thence via Kan
sas City, Beaver and Ogden to San
Francisco.
The Newark journal., 1903-07-24
Negro Suicides.

Chas Chinn, a negro, committed
suicide at Sheriff. under peculiar
circumstances. Chinn's wife had
gone to her home, accompanied by a
man with team for the purpose
of getting her household goods and
wearing apparel, as she and Chinn
had agreed to separate Chinn APP
peared in the yard and announced
that his wife should not leave him
alive and fired shot at her. Depu-
ty Constable jenkins, who accom-
panied the woman, demonstrated
with Chinn, who fired two shots at
him without effect. jenkins ran to
his wagon and secured his revolver,
and when Chinn saw this he turned
his own weapon on himself and put
d bullet through his head.
The Newark journal., 1903-07-24
Arkansas State News
Will Not Stop Work.

The historical committee of the
Confederate Veterans Association
announce that the decision of the
supreme court annulling the bill
making an appropriation for its use
will not put stop to the work. In
the war department at Washington
there are four thousand rosters and
fragments Of rosters of Arkansas
Confederate military organizations,
and until these are copied, or at
least inspected, the work must come
to a complete stop for the reason
that the historical committee would
without doubt duplicate its work.
The committee intends to collect
the fragmentary records now exist
ing in this state by letters to and
interviews with the owners of them.
Their time and money will be linz
tied and they do not care to collect
at a great expense of energy and
money number of records. only to
find that they are already on file in
the archives Of the war department.
The desire Of the historical commit
tee now is to have the governor des-
ignate officially some one to inspect
and, if necessary, copy these records.
50 that the work can proceed As
soon as the records are inspected
the work Of collecting those which
are missing will be taken up.
The Newark journal., 1903-07-24
Brings Bad Luck.

From the time She alleged foot
racers had the bad luck to get tam
gled up with Prosecuting Attorney
Martin and Sheriff Williams of Gar
land county, misfortune has seemed
to hover over them. Their funds
have been tied up or scattered Ed
Ellis, one of them under sentence
of three years in Missouri, lost his
father, who dropped dead. Then
Boatwright's father died suddenly.
Following this death, Roger Will
Hams was murdered at Hot Springs
in Jail. Bert Brumley, convicted
and under a three-year sentence,
who was out on a $4,000 bond, was
drowned at Webb City while fish
ing.
The Newark journal., 1903-07-24
Levee Contract Let.

The executive committee of the
st. Francis levee board of Arkan-
sas, at its final meeting held in
Memphis, decided to build all pro-
posed levces upon the routes recon-
mended by the engineers of the
board, thus disregarding the protest
of planters in the areas concerned.
The work, some twenty-onc miles
of leyee, costing about 100000,
was awarded to a Memphis contract
or. The committee authorized the
issuance of $250,000 of bond, as
authorized by the last session of the
Arkansas legislature.
The Newark journal., 1903-07-24
In Honor of Their Memory.

At meeting of the J. NJ. Kellar
Chapter, United Daughters of the
Confederacy, held at Little Rock,
a resolution was adopted favoring
appropriating a certain sum of the
money in the treasury as a nucleus
of a fund to be raised for the pur-
pose of erecting a monument to the
memory Of the women who devoted
their efforts to the Confederate
cause during the war.
The Newark journal., 1903-07-24
The Sheriffs.

At a meeting of the State Sher-
ifs Association held in Little Rock
last week, the following officers were
elected to serve during the ensuing
year: J. II. Abraham, Clark coun-
ty, president; Geo. r. Kelley, Sa-
line county, vice president; Fred
Schader, secretary; Joe b. King,
Johnson county, assistant secretary !;
James Gould, Jefferson county,
treasurer.
The Newark journal., 1903-07-24
Some Temperance Drinks.

United States Revenue Collector
Tucker states that a number of
temperance drinks sold in pro-
hibition districts in this state con-
tain large per cent of alcohol.
When those who sell these temper
anee' drinks take out government
license Collector Tucker does not
bother them, but if they fsil to at
tend to this they are summoned 70
appear before the federal court.
The Newark journal., 1903-07-24
Voluntarily Surrendered.

-Four United States prisoners sur
rendered themselves at the Pulaski
county Jail to serve their terms for
illicit distilling. Their names are
Jess Cunningham, Mitchell Reed,
James ". Johnson and Tom Irons,
and their sentences range from
three months and a fine of 800 to
six months and 800. These men
pleaded guilty last April in the
United States district court, Judge
Trieber presiding, and were paroled
to enable them to make crops.
The Newark journal., 1903-07-24
Surrendered To Serve Long Term.

Geo. Hampton, white farmer Of
Logan county, voluntarily surren-
dered himself at the penitentiary to
serve a sentence of twenty-one years
for murder. Hampton was convict
ed in January but took an appeal,
being released on bail Last week
the supreme court sustained the YER
diet of the lower court When
Hampton heard of the decision he
Immediately left for Little Rock to
begin his sentence.
The Newark journal., 1903-07-24
Postal Changes.

The Following postal changes in
Arkansas are announced by the de-
partment at Washington: Postof-
fees established-Pekin Craighead
county, VIM. CREPE, postmaster.
Postofiice site cbanged-Ma
Cleburne county, 10 / II ms. n. E.
Star service chjnged-Canuck to
Rogers. From July Is, 1908, end
a Vinda, emitting Rogers, decreas-
i-.g FIVE miles.
The Newark journal., 1903-07-24
Y. NJ. C. A. Work.

State Secretary J. L. Sehofeld
of the Y. NJ. c. \. reports crafty
ing progress in association work
throughout the state. The Y. NJ. C..
\. building at Stamps, built for
railroad men, has been completed,
and the contract has been let for
finishing work on the Little Rock
building.
The Newark journal., 1903-07-24
Foul PLAY Suspected.

Jim Maelkay, whose home is in
Clark county, was run over by a
freight train near Camden. 1t is
believed that Mackay was murdered
and his body placed on the track.
The trainmen state that the body
was cold when they examined it, inn
mediately after the train had pass
cd over il.
The Newark journal., 1903-07-24
Plaintiff Gets Damages.

In the damage suit of Knisel VS..
WatersPierce Oil Company, in Gar
land circuit court, the plaintiff was
awarded $4,000 damages. This is
the second suit tried of about thirty
growing out of a gasoline explosion
in the Turf Exchange at Hot
Springs last Christmas, both going
against the defendant.
The Newark journal., 1903-07-24
New Road Proposed.

The Hot Springs and Southwest
ern Railroad Company last week
filed articles of incorporation with
the secretary of state. The company
proposes to build a railroad from
Moore's Spur, on the Kansas City
Southern railroad, Garland county.
through the counties of Sewer.
Howard, Pike, Montgomery and
Garland, total distance of seven
ty miles.
The Newark journal., 1903-07-24
New Bank At Hardy.

The Farmers Bank Of Hardy has
been incorporated. The capital
stock is $4,000, of which half has
been subscribed. The officers are
S. P. Turner, president; r. NJ.
Jackson. vice president; A. NJ. Met
calf, secretary, and Joel Turner,
treasurer. The directors are: S.
P. Turner, r. N. Jackson, Boon
Phillips, j. B. Edwards and J. r.
Metcalf.
The Newark journal., 1903-07-24
The Cotton Crop.

While the cotton crop is at least
two weeks late and the plant small,
conditions the past few weeks have
been favorable and the prospects are
good for about an IS per cent yield
in this state.
The Newark journal., 1903-07-24

J. E. Erwin was arrested at
Hoxie on the charge of passing
counterfeit silver dollars and having
in his possession moulds for making
the same.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-12-29
A SERIOUS OMISSION
ONE MANS NAME LEFT OFF OF
SCHOOL PETITION MAKES
TROUBLE.


Des Moines, Dec 2s- Because in
signing an agreement in regard to a
school site fight, one man in the Douds
school district in Van Buren county
was overlooked, a long drawn out fight
has resulted which finally eliminated
in an appeal heard before State Super
intendent Barrett Saturday.
The case is known as John Walker
ct al, VS.. the Independent School Dis
trict of Douds. The school board To-
Gated the site, whereupon the people
OF the district Immediately took sides.
Finally it was decided to leave the
matter to the decision Of the county
superintendent. A petition was circu-
lated about the district, according to
the provisions of which each person in
the district bound himself to abide by
the decision Of the superintendent.
The official looked the field over, ex-
amined into all the conditions, and
made his decision, Then it developed
that one man in the district had been
overlooked in the signing Of the petit
ton and he appealed.
The case was argued before the su-
perintendent by three attorneys, and
has been taken under consideration.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-12-29
TO REVIVE OLD
CAPITAL CUSTOM

Washington, D. c.. Dec. 2S.-Quite
an old-time air of hospitality will reign
in official home es in Washington New
Yeays day, and there are signs Of the
revival of the open-hoEse custom, once
almoss universally observed by every
one in official life, and equally en-
joyed BY resident society. 9
All the women of the cabinet will
hold receptions New Years day, except
Mrs. Hay and Mrs: Shaw, the former
being in i'll health. and the latter in
mourning for the brother of ectetary
Shaw. Mrs. Hay, assisted by her
daughters, will, however, give the us
ual New Years breakfast to the diplo-
mats, following the white house recep-
ton.
ss6evy of Girls to Assist.
Mrs. Root will have as her assistants
NewAY ears day the wives of the AS.
sistant Secretaries of War and of a
number Of the higher officers of the
army, and q bevy Of young girls. Sec
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-12-29
WHAT CONGRESSMAN LAcEl
SAYS. ABOUT RoosEvELT's 1
ka RUNNING MATE.
ILLINOIS is DOUBTFUL
Sixth District Representative Says
Cannon Would be the Best Man IL
He Would Accept the Nomination
Fairbanks Of Indiana Considered.

Chicago, H., Dec. 2S.-A Washington
special says: II believe the vice-presi-
Dental nominee on the republican tick
ct should come from Illinois, as that
state is doubtful from republican
standpoint" said Representative Lacey
of Iowa. Chicago is badly misgov-
erned, and there is danger that the ele-
ment now in control there may carry
the state. Speaker Cannon is the best
man in Illinois for a running mate for
President Roosevelt, but as he is speak
er he will not accept There is no
other good timber in the state.
May Be Fairbanks.
Senator Hanna would add great
strength to the ticket, if he would con-
sent to run for scond place. 1t is not
probable he will do SO, and the next
best man is Senator Fairbanks, of In
diana. II the nomination goes to In
diana, he will be the nominee. While l
do not care to go into details regarding
Illinois, it is a doubtful state in my
Judgment. Every one knows serious
factional fights exist, and it is necessa-
ry to harmonize them" !"
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-12-29

retary Moody, of the navy will receive
with Secretary Root, holding no recep-
ton at his own house.
Mrs. Payne, wife of the postmaster
general, will be assisted by Mrs.
Spooner and several married and sim
gle women from resident Society.
Diplomatic Corps to Aid. :.
Miss Wilson, Secretary of Agricul-
ture Wilson'S daughter, will score quite
a welcoming ovation by having several
women from the diplomatic corps join
her.. as we'll as Mrs. Fairbanks, Mrs.
Dolliyer. Mrs. Walsh and others, both
married and unmarried.
Mrs. Cortelyou, who maintains the
newest cabinet home, and holds re-
ception for the first time, will be as
sisted by the wives of officials in her
husbands department.
Miss Roosevelt and number of
girls from army and navy circles will
receive with Mrs. Dewey, the wife OF
the admiral of the navy.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-12-29
BALLARD IS HELD
coLoRED MAN is BOUND OVER TO
GRAND JURY ON CHARGE OF
BREAKING AND ENTERING.

From Mondays Daily.
The innocent visage of Frank Ball
ard, the colored man who won the
sympathy of the court last Thursday
morning and was released from Jail
was seen again police court this
morning. This time he was up on the
charge of larceny from the building
and he waived examination and was
held to the grand jury under $500
bonds. Ballard is accused of having
burglarized several Eldon residences
last Thursday evening, less than twelve
hours after having been released. Two
watches he is charged with stealing,
were recovered in an Ottumwa pawn
shop.
In Police Court.
There was lively bunch in police
court this morning. Rufus Chesser,
who was recently released from the
penitentiary was among the number
and the old charge of larceny was
placed against him. He was caught
by Chief Gray while trying to dispose
of case of empty beer bottles in a
local junk shop. He was given ten
days, as it was found that he was In
toxicated at the time and was steal
ing more from force of habit evidently
than designedly. William Ryan charg-
ed with stealing pair of boots from
downtown store. pleaded not guilty
and will be tried tonight. Frank Lap
ham was given ten days for intoxica-
ton upon information sworn out by
his wife who is taking steps to have
him sent to the inebriates ward of the
Mt. Pleasant hospital.
Ernest Judson and G. Bonham were
given three days for intoxication.
Charles Millard and John Dawson
pleaded not guilty to intoxication
Accused of Larceny.
Ed Sutherland well known colored
man was arrested today on informa-
tion sworn out by e. S. Fist charging
him with stealing about 5000 worth of
old rubbers and junk. Sutherland
will be given his hearing tomorrow
morning on the charge of larceny
from a building.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-12-29
INTERESTED I'M oReANi.
zATIoN OF BASEBALL LEAGUE.
IN CITY TODAY.
WANT OTTUMWA TO JOIN,
President VIM. Ewald, of Waterloo
Club, and J. w. Myers, of Fort Dodge
Arranging Preliminary Meeting with
Local Enthusiasts.

From Mondays Daily.
To interest the Ottumwa fans" in
the proposed baseball league of CEN
trail and eastern Iowa and western
Illinois cities, William Ewald, presi.
dent Of the Waterloo club and ]. w.
Myers, representing the Fort Dodga
club. arrived in the city today. This
afternoon Frank C. Norton represents
ing Burlington's interests will arriva
and a preliminary meeting will be held
with local parties with view to in.
teresting Ottumwa in the proposition.
Tomorrow morning at 9:3O o'clock a.
meeting will be held at the Ballingall
hotel for the purpose of organizing an
eight club league. Representatives
from the following cities have express
ed their intention Of attending the
meeting: Burlington, Keokuk, Quincy,
Galesburg, Moline. Oskaloosa and
Marshalltown. These towns, togeth.
er with Waterloo, Fort Dodge and Ot,..
tumwa. whose representatives are al.
ready on the ground, will introduce
their claims to recognition.
Want ottumwa in.
Both Mr.. Ewald and Mr.. Myers ara
enthusiastic over the prospects of the
new league. These two men agitated
this question all last season, but ow-
ing to unsettled conditions in the base.
ball world they were unable to get the
league in operation. Now. however.
determined effort has been. made
with the result that enough towns
have become interested to make the
league possible. They want ottumwa
in the league and that is why they de-
sire to hold preliminary meeting
here.
Expenses Would be Light.
The. visiting promoters point out
that a league made of the towns pro-.
posed could be managed much less ex-
pensiyely than any other league in the
country. For instance the Three-I
league making three trips tround the
circuit a year will cover 1000 miles,
while this league, taking in the most
remote towns could not exceed 1,500
miles: in the same number of trips.
The salary limit could also be safely
kept down to $500 if the teams all
agree to it and thus the expense could
be reduced to minimum.
May Interest Three-l Towns.
An effort was made to interest Du.
buque, Cedar Rapids and Davenport
in the enterprise and the two former
cities expressed their willingness to
enter If the latter would, but as Dav-
export would not agree to leave the
ThreeI league the deal fell through.
If the proposed league becomes re.
ality, as there is every reason to be-
live it will, these cities may be given
an opportunity to enter next year. as
the three years. agreement which
binds them to the Three-I league will
then have expired. No inducement Will
be given. to any towns to enter as there
is now sufficient interest shown to in
sure live league of self supporting
ball teams.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-12-29
RAISING TRUST FUND
MAYOR +. II. PIcKLER CREATING
EDUCATIONAL FUND FOR
BLANCHE HoURIHAN.

From Mondays Daily.
The raising of fund for the pur-
chasing of artificial limbs and for the
education of Blanche Hourihan, the 12-
year-old girl, who lost both her limbs
a short time ago by being run over by
the cars has been undertaken by May
or T. H. Pickler. A considerable sum
has already been raised and an appeal
is being sent out by Mayor Pickler to
the manufacturers and business houses
of the city.
Meeting Generous Response.
A subscription taken up at the Dain
works netted the sum of $5855. T. D.
Foster, of the ssMorrell packing plant
has written that a subscription list is
being prepared at that place and that
a large sum will soon be ready to turn
over for the benefit of the unfortunate
little girl. A number of other dona-
tions and subscriptions have swelled
the total amount to a considerable
sum.
A board of trustees has been ap-
pointed, consisting of Mayor Pickler,
Judge E. G. Moon. and Mrs. Hulda
Hourihan, mother Of the little girl, to
receive the subscriptions and take care
of the funds. The cause is pro-
nounced worthy one. Blanche is a
bright-minded little girl, is quick at her
studies and has a good memory. She
is well developed physically and men
tally for her age. 1t is her great desire
to learn bookkeeping and stenography
and fit herself practically for the only
business position which her manned
condition will permit her to fill upon
an equality with others.
Constant Thought for Others.
Her constant thought for others dur
ing the entire time that she has been
confined in the hospital, and especially
at the time of her accident, when her
first thought was the heavy burden of
expense which the accident would
throw upon her mother, has been the
most noticeable trait of her character.