davidaulloa/AmericanStories huggingface dataset:
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
TWO IMPORTANT DECISIONS.
Judge Evans Decides Interesting Cases
In Hardin County Court.
Snecia, "a Times. Republican


Eldora. Dec. 22.-Judgc Evans has
just handed In his opinion in two cases
which will be of considerable interest
to Hardin county parties. The case OF
A. Buehholtz VS.. the Town of Radcliffe.
in which plaintiff sought to obtain judg-
ment for $4,000 for damages alleged to
have been received by falling over an
bstrue:ion in the street of said town.
The case was tried at the last term OF
court and verdict rendered against
the plaintiff and decree for costs
against him. The plaintiff filed mo-
ton for a new trial, which Judge Ev-
ans has Just denied.
County Defeated.
The other case is Hardin County vs..
the Iowa Central Railway Company,
being injunction proceedings in which
p.aintiff sought to restrain defendant
from fencing up a road leading into th-
town of Union. The case was tried at
the last term of court and Judge Evans
now enters decree in favor of the de-
fendant Considerable litigation has
grown out of this case and two ind1ct-
ments have been returned against the
defendants. 1t appears that in the year
1884 the board of supervisors secured
permission from the manager of the
Iowa Central railway to use a portion
of the right-of- way of the railroad for
road purposes, and 1t soon became "a
main thoroughfare leading into town.
and was so used until about two years
ago. when the railroad company fenced
Up the right -of-way and shut the road
IN. Judge Evans holds that the action
of the manager would not be binding
on The company and that merely Ii
censing or granting permission to use
a portion of the right-cf-way to the
ruhlic to travel over does not amount
to a dedication. If mere license WAS
granted the public to travel over the
strip in question the character of the
right could never change by mere use
or lapse of time. The oral agree
ment OF the general manager must b.
as a mere license or rsvoca-
ble, and while the license continued no
statute of limitations could run. Thai
in the absence of some controlling ne
the law confers no power upon
any officer or official body or the public
as such to establish a highway longi-
tudinally upon a railroad right-of- way
The right of condemnation by which
the railroad company acquired its
is based upon the as
sumption that width Of 100 feet IS
necessary for right of-way purposes.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
The Cut in Wages.

Such purpose is regarded in law as a
public purpose and the necessity there
fore public necessity. BY no act OF
It's officers or stockholders has the rail-
read company any power to divert any
part of such right-of-way 10 other
uses. The law imposes upon the raal-
way company the duty to fence its
right-of-way and keep the same free
from combustibles. ETC.. which could
not be done If plaintiff acquired the
rights claimed. The court orders that
plaintiffs petition be dismissed at
plaintiffs cost
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
PAGE ONE.

PAGE ONE.
Telegraphie News.
Japan Urged to Be Conciliatory
Crisis Was Probably Averted.
Illicit Distillery Raided.
New Development in Wood Case.
President Takes Hand.
Mrs. Graves Daughter Missing.
Iowa Temperance Forces Divided.
PAGES TWO AND THREE.
lows News in Brief:
Attempt to Murder an Iowan.
Mason City Mans Hallucinations.
Webster City Gas Franchise Void.
Iowa Delegation for Roosevelt.
Suicide in Grundy County.
Death of Governors Mother.
FACE FOUR
Editorial
General Woods Vindication.
Incompetent Operators.
Reform Is Never Accidental.
Topics and Iowa Opinions.
Looker-On's Observations.
PAGE FIVE.
General News:
Kishinev Rioters Sentenced
Cuba Violates a Compact.
Miscellaneous News.
PAGES SIX AND SEVEN
City News:
LeGrand Votes 1nterrurban Fran
chise.
But Three Oppose 1t.
Conrad Orders Special Election.
Property Owners Oppose Alley Rail
road.
Teamsters Row Among Themselves
Central Brakeman Hurt.
Will Talk Baseball.
Christmas Shipments Heavy.
The City Field.
PAGE EIGHT.
lows and Commercial:
Grains a Shade Lower.
Board of Trade Quotations.
Cattle Trihe Higher.
The Cut in Wages.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
CABINET 70 HAVE HOLIDAY.
No Session Will Be Hold unlsss
Questions of Importance Come Up.

No Session VIII 30 ff0lo OnleW
Questions of Importance Come Up.
Washington, Dec. 22.--No cabinet
meetings Will be held during the holt-s
day recess. Both President Roosevelt
and his official advisers will observe
the recess so far as the public service.
will permit Such business as the cabi-s
net officers may have with the presi-
dent will be brought to his attention
by them as individuals. Unless some
emergency should arise which should
render 1t necessary for the cabinet TO
assemble as body for its considera-
ton. Secretary Moody had brief cons
ference with the president today. They
considered the latest official advices re-
ceived by the navy department from
the isthmus of Panama, but assurance
is given that they are Of no great im-
portance Both the president and
Secretary Moody are keeping in close.
touch with the situation thru naval Off
ficers at the isthmus. Should anything
either significant or important occur
there. the administration will be ad-
vised Immediately.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
A ROCKEFELLER GIFT
Oil Magnate Pays Mortgage on Home
Of Royhood Friend.

Special to Times Republican.
Sioux City. Dec. 22.-John d. Rocke-
fe,ler's Christmas gift to the Chicago
University Will not be large enough to
Hin more appreciation han he has
earned by paying off the mortgage on
the little Nebraska farm of Charles
Austin, boyhood friend whom he has
not seen for many years.
Mr. Austin lives near Dakota City
on little place on which there was a
mortgage of several hundred dollars
The fruit crop by which he lived has
been failure for two years, and he
was In hard straits. AS a hoy he was
a playmate of Rockefeller. but as
young men they drifted apart. and
when Austin learned of the rising
financial standing of his old friend he
wrote him letter of congratulation.
Since then the two friends have ex-
changed one or two letters annually.
Several years ago Mr RockefeIler's
friendship. was the means of giving po-
sitions to Austin's two sons in the
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22

six months he walked four miles day
10 attend the school and boarded at our
home In less than a year the prodt-
gal returned home and his father for
gave him. He thus began TO climb the
summit that finally reached. l was told
by comrade that he wrote in his
DIARY, Died, Thomas Drummond -:
the space to be filed In by some friend.
also as they were carrying him off the
battlefield he remarked, How glorious
Ii Is to die for ones country Now
that I have passed by three score and
ten take pleasure in recalling these
little events which are dear to my
memory
Des Moines is responsible for the
exist tence Of "a purely socialishc colony
wh.h appears to be making success
of IT, This is the Fairhope colony of
Alabama. 1t was organized in Des
Moines and two newspaper men have
had as much to do with 1t as any 9TH
ers Ernest CASTOR. a young newspa-
per man, conceived the idea Of estab-
fishing purely soaialistc. profit-shar-
ing cooperative society about fifteen
years ago, and gathering together a
few followers he went 10 the shore of
Mobile bay and business was COM
menced. The colonists had very little.
hut they have been frugal and have
prespered. James Beliangee. another
newspaper man. became Interested In
tht colony and went there few years
ago He is here now OF visit to old
friends, after an extensive lecturing
tour in the east explaining the colony
and its work and purposes. He was
well entertained by persons of national
repute in Boston and the east. Mr..
Rellangee reports that the colony Is
growing and is prosperous and the
members are contentS'd and happy.
There has never been any thought on
the part of the coionists in having "a
division of property or returning again
to the former life. The colony has a
fine tract OF land and is engaged In
gardening, manufactures and trade.
The movement which is credited to
Ida county stock breeders and stock
feeders of forming an association to
offset what they regard IS the demands
VI iHe tpIHIiiSSAoAi Hie' ais i'siSs>iAA9
houses In the way of increased fees and
cutting off favors. is not attracting
much attention IN this part of the
state. The fact is that all very quietly
a big local packing business has been
built up In Des Moines by the Chicago
firm which purchased, about two years
ago. one of the old packing houses
mere, and the market for hogs is large
ly at this one packing house. good
many had declared it impossible to OPP
crate packing house in Des Moines
with profit, but it has been demon
stratsd that this can be done, and it
Is being done now.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
DIDN'T SAY A WORD
"siIent" Man Escapes From the Hos
ptal at Des Moines-BeIieved to
Have Been Man Concerned in by
namitins Of Railroaas.

Special to Times-R Republican.
Des Moines, Dec. 22.The unknown
Silent" man, shot by Rock Island de-
tec,ives at Earlham and brought here
on suspicion of sending an anonymous
and threatening letter to Rock Island
officials a few weeks ago. has made
his escape from the hospital. During
his three weeks confinement he refused
to speak word, altho subjected to the
most rigid Sweating" processes. The
Rock Island officials believe he is il
member of the dynamiting gang which
has terrorized SO many railroads II
the past months.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
MAGNETIC AEALERs LOSE.
United States Supreme Court Dis
misses Case.

washington. Dec. 22.-The United
States supreme court yesterday dis
missed for want Of jurisdiction the case
OF S. A. Wiltmer and ]. H. Kelley vs..
C. NJ. Bishop. The case grew out of
the publication Of Bishop OF an article
which Wiltmer ard Kelley alleged to
be libelous. They are magnetic heal
srs, with headquarters at Nevada, Mo-.
and at one time had an income of ST.
900 per day. Bishop made printed at
tack on their business. The supreme
court of Missouri refused to find the
article libelous on the ground that
Wiitmer and Kelley had failed to show
that their business was entitled to the
protection of the law. Yesterdays opin-
ion ha. the effect of affirming that de-
cisfon.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
FIVE ARE DEAD
Terrible Result Of tho Explosion in the
Power House at St. Louis-search-
ina Ruins for More Victims.

ST. Louis, Dec. 22.-The list OF
known killed in the explosion last night
at the power house of the st. Louis
Transit Company has been increased to
five.
The dead are:
John Dixon. colored, fireman.
William Wilson. steam filter.
Jesse Thomas. colored fireman.
Frank Steele, colored.
Louis Barber, colored, fireman.
The ruins are being searched today
for additional victims, as a number
Of employees are still missing. The
companys loss will amount to $685.
600.
A battery of seven boilers in the
power house of the St. Louis Transit
Company. at jefferson and Geyer avea-
ues, exploded. The boilers LEI go ua-
expectedly, the brick walls fell outward
and the heavy truss roof dropped, COW
ering the debris in which almost twenty
employees We're imprisoned
The falling of the heavy roof SO conf
pletely covered the debris that the res
cuers could make their way but SLOW
the majority of the employees were ut
work. and 1t is probable the list II
dead may be heightened.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
SUICIDES IN HIS CELL.
Philadelphian Who Was Convicted in
Federal Court Kills Himsslf.

Philadelphia, Dec. 22.-Charles D.
Fenstemaeher. aged 4s, who was yes
,erday convicted In the federal court OF
using the mails to defraud. today COM
mitted suicide by hanging himself with
a towel in the cell OF the county Jadl.
His Plan was to mail letters to farm
ers in various sections OF the country
thru which he secured large consign-
ments of produce. This he sold, but
failed to make financial returns to the
farmers.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
ONE UNION LABEL FUNERAL.
A Chicago Undertaken Signs the Scale
and is UnmoIested.

Chicago, Dec. 22.--Whle arbitration
of their grievances is being discussed
by the livery drivers union today, the
news was received fine first 8: Union
label funeral since the strike begun.
The funeral was arranged by Under
taker Marks, the body OF the de-
>cedent being removed in the dead"
wagon bearing placard proclaiming
the vehicle 10 be owned by an UNDER
taker paying the union scale. 1t was
also the first funeral in which a pro-
cession OF carriages was supplied to
the mourners. There were six car
riages labeled like the improvised
hearse.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
MICKEY IN DANGER
Insane Man Threaten. the Governor Of
Nebraska With Huge Knife and Lat
ter's Goodness Alone Saves Him.

Lincoln. Neb., Dec. 22.-clayton S
Deeter. an escaped insane inmate OF
the Grand Island Soldiers Home, arm
ed with huge knife, succeeded in get
ting into Gov. Mickey's private Office
today. Brandishlng the weapon, he de-
clared Senator DIETRICH. now under in
dictment for bribery was innocent, and
compelled the governor to express the
same view. The governor was agree
ing to everything the insane man de-
clared when the capitol employees rush
ed in, overpowered the man and took
him away.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
Report About czarina Denied.

ST. Petersburg. Dec. 22.-There is nc
truth in the report published in th-
United States that the czarina recently
gave birth to dead son. The story is
pronounced absurd.
The czar has sent his photograph
with autograph affixed. TO William j.
Bryan Ambassador Mccormick gave
q luncheon today to Mr.. Brayn.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
LACK OF COMMA AFFECTS LAW
Iowa's Governor Holds Statute Invalid
Because Of Poor Punctuation.


Des Mones. Dec. %. Governor
Cummins has refused the application
OF New Jersey authorities for the ex-
tradition OF Fred Shivers. charged at
Columbia with wife desertion. The
governor considers the New Jersey law
invalid because of the omission of
a comma. and the insertion Of con-
junction.
The New Jersey law on wife deser-
ton provides for the punishment of
men who desert their wives and leave
the state Governor Cummins points
out that leaving the state must be a
part of the crime. therefore the crime
could not be committed until the of
fender had left the state, and. having
left the state before the crime was
committed. he cannot be extradited
and returned to the state.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
CAUSE Of pUclLlsT's DEATH.
Verdict Of coroner's Jury in Case Of
Tom Penderuast

Sacramento, Cal, Dec. 22.-The cor
oner's jury In the case of Tom Pender-
CAST, pugillst, who died after a fight
with Kid Williams last Friday night.
has returned verdict that Deceased
came to his death from the rupture
of a blood vessel in the brain. caused
by blows received in a boxing contest
with Kid Williams and in our opinion
without malice" Williams is out on
$4,000 bail.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
THE VATICAN FUNDS.
New Story About Acquisition Of $s;.
100000 Started.

Rome Dec. 22.-According to the
story that Cardinal Gotti, prefect OF the
propaganda. recently handed to the
pope 100000 said to have been con-
sided to the cardinal by the late Pope
Leo XIII. originated in the fact that in
the financial investigation following
Leo's death a deficit OF over 100000
was found. After diligent search, and
altho no positive proof was obtainabie.
it appeared evident the only person
Who could know where the money had
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
Secretary Hay sim bod.

Washington. Dec. 22.-secretary Hay
is still i'll with bronchitis. although 1t
is fortnight since he was last a the
state department. He was obliged to
remain in bed yesterday thruout the
conference with Roosevelt. who came
from the white house for the purpose.
Mr.. Hays condition is not alarming,
hut it does cause his friends some
anxiety.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22

New York Colonel John F. Gaynor
who fed to Quebec, to escape trial In
connection with the Savannah habor
contract scandal and left his bonds
men in the lurch for $4,000, Is reported
to have made good the loss to William
B. Kirk.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
WAR SHIPS LEAVE coREA.
Al the Russian Cruisers Return to Port
Arthur.

st. Petersburg, Dec. 22.-Of Russian
war ships recently at Chemulpo. Corea.
IN connection with the disturbance
there only the cruiser Boyar remains
1T that place. All other vessels have
returned to Port Arthur. According
70 the Port Arthur Novykrai some
Chinese militia fought in the ranks of
the Chinese robber bands in the recent
encounter with Russians. The paper
contends Russia is compelled to take
active steps to rid Manchuria of these
bandits. because China has not full
oiled all her treaty engagements.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
MITCHELL SUED FOR FEES.
Attorney Asks 100000 From Great
Labor Leader.

Binghamton, NJ Y, Dec. 22.-The
case of Attorney A. D. Wales. OF this
city, agains, John Mitchell, president
Of the United Mine Workers Union Of
America, to recover 100000 for serv-
Ices in settling the recent coal strike
came UP before Justice Lyon here yes
terday. on a motion by Wales attor-
ney for the appointment of an open
commission to orally examine Thomas
d. Nichols. president of District No.
of the United Mine Workers at
Scranton, Pa.
Justice Lyon adjourned the case un-
til today.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
RIVER TOWN SALOONS CLOSE.
Anti Saloon League Enforces fo
O'clock Closing at Sioux City.

O'clock Closing at Sioux CITY. .
Special to Times Republican.
Sioux City, Dec. 22.-Without the aid
of state marshals the anti-saloon
league is enforcing SOME saloon laws
In Sioux City just now. With the
evident wish to avoid trouble. all OF tho
saloons OF the city were closed Sat
urday evening promptly at 10 O'Clock.
Altho officers and members of the
Anti-Saloon league were out watching
the saloons and not one in the city
was overlooked. not single saloon
was found doing business after 10
o'clock The Anti-Saloon league OF,
ficers regard this as an indication that
the saloon men are willing to live. up
TO the Martin law in every part1cu-
lar
with a friend drove all over the
business section OF the city last Sat-
urday evening after 10 o'clock to asce--
tain il the saloons were observing the
law" said Rev n. C. Marshall yester.
day morning I'VE did not find saloon
bur was closed. In one we noticed
three men at 10:30 but after watching
them learned that 1t was the proprietor
and his two bartenders and they were
doing little extra cleaning up after
closing time There were several otnes
members of the league watching the
saloons. but we have no evidence that
any of them failed to close at 10 Sat
urday night"
What about back doors, the freI
lunch, and pictures" he was askei
"Oh we are going to watch out for
those things also. OF course we could
not do it all at once. But the strict
enforcement OF the Martin law Is what
we shall insist upon
The saloon men and their customers
did a good deal of grumbling over the
new order of things.
II don't see how some of us can live
up to that Martin law In every detail
and continue in Business said sa-
loon man yesterday. That's about tbs
stifYest law that was ever enacted. Its
enforcement in this city will drive
some out of the businesss I Believe.
Seven hours less of business during tho
week cuts pretty heavily into the cash
registers"
A number of saloons have closed
their back doors and the chairs are be-
ing removes from the bar room. 9th.
ar violations of the Martin law promise
20 be corrected soon.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
ORDERED TO PANAMA.

Cruiser New York Arrives at Frisco
and Will Proceed to isthmian Wat
San Francisco, Dec. 22.-The cruiser
Rev York arrived here today from
Bremerton, Wash. It IL understood
that she will at once proceed to Pan
anna. The commandant at the Mare
Island navy yard has been ordered to
draft $50 men from the receiving ship
Independence and send them here. to
join the New York tomorrow.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
DEATH PENALTY ron WOMAN
Mrs. Mary Rogers Sentenced to Death
for Murder.

Bennington. VT, Dec. 22.--NIrs. Mary
A. Rogers was today found guilty II
killing her husband, Marcus H. Rog-
ers, year ago. The verdict carries
the death penalty.
1t was shown at the trial that Mrs.
Rogers met her husband. with whom
she has not been living on the pretense
of affecting reconciliation and, as
sisted by Loon Perham, and Stella
Bates. gave Rogers chloroform. The
body was then thrown into the Villa
moosa river. Love for another man.
and a desire to get her husbands
life insurance was the alleged motive.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22

gone was a certain Monsignor living in
the vatican. He at first asserted he
knew nothing of the matter but being
more closely questioned and the evil
dence against him gathering. he one
day said to the pope: "Be patient. God
will provide for the needs of the holy
see Soon afterwards the monsgnor
appeared with a friend and said Leo
had confided the money to him, re-
quesling him to return 1t to his sue
cessor four months after death.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
CLOSED BY THE TRUST
Council etuHssMay Lose Big Indus.
try Because Of Glucose Combine.

try Because OF Glucose Combine.
Council Bluffs, Dec. 22.--The glucose
trust may add another TO it's long list
of victims.
Because of the blighting competition
of the combine the big Smith Refining
company plant in Council Bluffs is
likely to be shut down. In spite of the
laws intended to prevent discrimina-
tions by the transportation companies
the trust is said to have been able to
than the independent factories, and
that makes it impossible for the inde-
pendents to live.
The announcement of the probable
closing has just been made by Man
ager Searle. The company is engaged
in the refining and manufacture of
syrups. etc. and has been doing busi-
ness of upwards of 100000 year for
several years. The industry was
brought here by a. l.. Smith, from
Hastings, Neb. and about five years
ago stock company was organized.
1t is not the intention to move the
plant elsewhere, although some of the
machinery may be taken to Georgia or
some Of the southern sugar producing
states and operated in connection with
sugar plantation.
Manager Searle in explaining the sit
uation that has made the closing of the
factory necessary. says that since the
minimum carload has been raised 10
10000 1t has besn very difficult to sup
ply the trade in car lots. The rail-
roads" said Mr.. Searle, have their
classifications so arranged that the
glucose people can ship under carload
rates everything they manufacture
syrup, jeliies. etc.-but very consid-
erable part of the goods We manufac-
ture we are not allowed to ship as part
of carload, but we are required to
pay local tariffs"
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-22
Netherlands Buying Guns.

The Hague. Dec 2o.-Ths, second
chamber of the Dutch parliament to-
day voted s1,75o,Oo0 to purchase new
Krupp quick-fring guns. The measure
only carried after a heated debate.