davidaulloa/AmericanStories huggingface dataset:
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04
Supreme Court Holding.

ut is also admitted that the Supreme
Court, on the application of the State,
declared this lease illegal, fraudulent
and void and set it aside, and that
%thereupon defendant resumed the con-
troll and operation of its exchange at
Columbia and has operated it ever
since.
This charge in the bill has therefore
been adiudicated by the Supreme Court
to be true; the charge that defendant
has assumed and exercised power and
authority not granted in this respect
has been conclusively settled.
"The defense set up to this charge, is
that the defendant made this lease
under the mistaken belief that it had
right and power to enter into such
lease.
"The lease contract, the circum-
stances under which it was made and
the proof taken together, satisfies the
court, that the lease to Mr.. Hume was
not made in good faith, by defendant
under a mistaken conception of its
charter and statutory powers.
ut appears from the proof that a com
peting telephone company or exchange
was organized and put into service at
Columbia, and that thereafter defendant
reduced it's monthly rates at Columbia
from $1.50, $500 and $500 per month to
so cents per month, being so cents less
per month than the competing company
was charging.
at appears also that quite a number
of citizens in Brownsville, Tenn. twfere
defendant was opening an eXchange)
applied to defendant to have telephone
service furnished them at the same
rate per month that it was furnishing tc
citizens of Columbia; that defendant
refused, or would not give these Browns
Vile citizens such rate, and that
thereupon, or about this time, the de
PENDANT leased its exchange at Colum'
bia to Mr.. Hume.
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04

Another lot of Reed Rock
ers going at Sl.6o, $3.50
and S2.5S that are worth
$500 and $500.
Come and see if this state
ment is not correct.
Greenwood Furniture Co.
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04

GAINESVILLE and Murfreesboro, and is en-
gagged in an effort to suppress eompe-
tition at and In Columbia by the en-
ployment Of unlawful and forbidden
methods.
This course in the business methods
of defendant in suppressing competition
by breaking down and buying out COM
petitors is sought TO be justified by the
defendant under sections 2o43, 2Ol0 and
aa02 OF shannon's Code. Section 20i3
empowers corporations in Tennessee to
lease their property and franchises in
Tennessee to any other corporation en-
gagged in the same business in this Oh
any other State, but section 20i6 says
that section 20i: shall not apply to com
peting railroads; section 2202 author
ICES telephone companies to consolidate.
E'As to section 2202, it is sufficient to
say that there was no consolidation oil
the new telephone exchanges, or cont
panics, at GAINESVILLE and Murfrcesboro
with defendant, the defendant simply
broke down the business, and business
prospects of these two companies, or
exchanges, and then bought their
tangible property at prices virtually
fixed by itself, and went on operating
its W exchanges, and put rates for
service up to prices formerly charged
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04

A big lot of
O mos
quito bars just in. All
styles for iron and wood
beds. No need to say any
thing about the quality,
everybody knows the
PERFECTION For sale
by
Greenwood Furniture Co.
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04
For Sale Cheap.

A fine square piano, in perfect condi-
ton and tune. VIII sell for S75.oo on
easy payments If bought at once. Call
IN A. WELLER g. Co.
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04
For Sale.

Six thousand acres Of valuable tim
Der lands. Apply at once to
j. r. BEw, Greenwood, Miss
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04
Breaking Down Opposition.

An GAINESVILLE and Mnrfreesboro, as
the proofs show, defendant reduced its
rates to so cents per month for service
IN each OF these cities while the other
telephones were in service there, ana
that this was 80 cents less per month
than the others were charging for Ike
service, but that az soon as the defend
ant had succeeded in breaking down
and buying up the other companies by
such methods 1t put its rates up again
to $3.50 and more per month, and then
refused to carry out some contracts u
had previously made to furnish service
at 50 cents per month.
In connection with, and al part Of,
this latter charge in the bill, It Is al
legged that the defendant has thus sup
pressed competition IN the cities 9
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04

Leon Stein has just received the
SWEETEST line of blown stemware ever
shown In Greenwood.
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04
For Sale or Rent.

Residence located in North Green
wood. Apply to Mrs. =. T. East.
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04
Discriminating In Rates.

"Thc defendant did not lease its CHI
tire property to a non-coinpeting cor
poration engaged in the same business,
as it had the right to do, but only leased
it's exchange at Columbia, where it was
discriminating in rates against the cit
liens of Brownsville and other towns
and cities in the state.
"All of these facts, established by
proof, and circumstances, and the lease
contract, satisfies the court that this
lease was made in violation Of law, not
by mistake but for tho purpose, If
possible, Of eyading liability under the
laws of the State for discriminating in
its charge for service; the patent pur'
pose and effort Of the defendant being
to use one of its directors and Assist,
ant General Manager in the character
Of lessee of its exchange at Columbia te
accomplish this end and at the same
time and through the same instrument
continue its operations, and carry ou'
its purpose, to break down its com
petitor in Columbia n thereby sup
press competition in that city, as II
had heretofore suppressed and driver
out competition, by similar methods, II
GAINESVILLE and Murfreesboro, Tenn.
"Part Of the consideration Of the dea
at Murfreesboro, when defendan
bought the competing telephone or ex
change at that place, was that DIR. j. i
Thompson, who had organized the CON
peting telephone in that city, would no
thereafter organize and operate an
telephone in the territory occupied b
defendant.
"a similar agreement was made wit
a competing company at Ciarksyiil
: Ewhen defendant bought it out.
The commonwealth. (Greenwood, Miss.) 1896-1923, 1904-06-04
Buying Out Opposition,

!
service up to prices formerly charged.
Buying Out Opposition.
ut is insisted by defendant that sec
tion20l3 gives it power tc acquire OF
buy out competing exchanges or tcie-
phone companies, that it had the right
under this section to acquire the other
two companies at Murfreesboro and
Clarksyillo in the name it did, for the
reason that section 20t6 only forhids a
railroad from leasing and taking over n
competing line; that telephone compan-
les not being named along with rail-
roads as forbidden to lease a competing
exchange or telephone, that telephone
companies are, therefore, exempt or en-
eluded from the provision and policy oil
this section, and further that the meth
ODDS used and employed by defendant at
GAINESVILLE and Murfreesboro, which
enabled it to buy out and to take over
the two competing companies or OK
changes in those two cities, was moth
ing more than the consolidation o n
templated and allowed under sec
ton 2202.
'The court holds that section 20l3
only authorizes one corporation to lease
and not to buy outright, the property
and franchises of another corporation
engaged in similar or the same bust
ness and that under this section such
corporation, if it be a telephone COM
pany, can neither buy nor lease a com
peting exchange or company.
"The court further holds that section
22O2 did not authorize the defendant to
acquire the property Of the two other
companies at Clarksvillc and Murtrecs-
boro in the manner and by the methods
employed. A corporation takes and cx-
%ercises powers by specific grant and
never by implication.
"The court further holds that the
provisions, principles and policy of the
whole of section 2046 applies to tele-
phone companies, and therefore forbids
the acquisition by one telephone com
pcny Of another such competing com
pany OF exchange in the manner and by
the methods employed by defendant, to
aeouirc the one at GAINESVILLE and the
other at Murfrcesbofo with their fran
chises and property.
"a telephone company must occupy
and sustain the same relation to the
State, the citizens thereof, and to com
MERGE and business generally, in the
exercise Of its franchise rights and
powers and the discharge Of it's duties
that railroads and telegraph compan'
les do.
"Tf this be true, they arc quasi-publit
common carriers (of messages> ane
therefore amcnable, or subject, to, ant
! controlled by, the whole statutory Law
> of the State applicable to railroad ant
telegraph companies, and cannot, there
-. fore, claim and exercise powers an'
rights which are denied under th'
:, statutes to railroads.
I, THE court holds that defendant ha
!, assumed to exercise powers and al
: thority not conferred upon it by tn
Ia WIG If The State Of Tennessee, and ha
forfeited it's right to exercise any con
!, porate franchise or power in the Stat
of Tennessee, and that defendant b
ousted from the further exercise OF an
: such power or franchise in the Stat'
: and that it's business be closed an
wound M"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
EARLIER REPORTS OF ss.~.~ -"
i. BATTLE NOW RAGING

Oyama, reporting on Wednesdays
result. expresses satisfaction and says
that his center and right armies made
substantial gains. y ;,.:,,t - r, !
The keynote of the battle seems to
be d counter attack delivered by
Oyama sto Offset Kuropatkin's blow at
the Japanese right. AS soon as the
weight of this movement on the part
Of the Russians became apparent the
Japanese commander responded with
an attack in force on his opponents
right, evidently with the hope of crum-
pling Kuropatkin's western columns
back and diverting some strength from
the Russian assault upon his own east
srn position. Concerning this fanklng
movement yOyama reports that it lis
progressing favorably toward the at
tainment of our first object"
Oku reports the capture of twenty
i've additional Russian guns, making
q total OF thirty that have fallen into
the hands OF the Japanese. +
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
BRIEF BITS OF NEWS.

James jackson, insane from excess
sive use of liquor, stabbed himself six
teen times at Minneapolis Wednesday.
He will probably recover.
There is renewed anxiety regarding
the condition of King George of Sax
ony, whose difficulty in breathing and
general weakness are marked.
The revolution in the republic OF
Santo Domingo is extending Azua de
Compostela (near the south COAST and
all the departments of the South have
declared in favor of Isidoro Jiminez.
The Haytian exiles have gathered
near the frontier preparing to re-enter
Hayti and attempt an instruction
against President Nard in favor of
General Frmin, leader of the insur-
rection OF 1902. s5sz
II Edmund Burke, sixty-seyen years
old. a retired capitalist, shot ana
killed himself at his home In Chicago.
For two years Mr.. Burke, according to
his son, had been mentally unbalanced
and had twice attempted suicide.
Herman Haas, formerly an empl0ye
Sof the Corn Exchange National bank
OF Chicago. whose defalcations are
said to amount to about 500, 900, was
brought back to Chicago Thursday BY
detectives. He was arrested two
swseks axo III Panama
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
JAP SUCCESSES CONTINUE
HAVE CAPTURED ABOUT THIRTY
RUSSIAN GUNS SINCE BAT
s. TIE BEGAN. q

Toxic, Oct. General Oku has
captured twenty-five Russian guns,
making total OF about thirty Russian
guns which have fallen into the hands
Of the Japanese since the battle be-
gan. q ss.s WEI
The latest reports from the front tell
of continued Japanese successes. :s5 5.5
An extended report received from
the headquarters Of the Manchurian
armies, q brief summary Of which is
published. indicates that the Japanese
were generally successful In the fight
Ing Of Wednesday and that all three OF
the Japanese armies gained decided
advantages.
The Japanese captured = total of
Il ten guns. 3s$ ~ 5
The operations designed to isolate
and surround the Russians at Bensihu
are progressing favorably.
The numbers engaged In the strug.
gle exceed the forces which fought at
lia0yang. .sss s5S3 s!55Sss
s m some places the fighting sur.
I passed in despe rations anything shown
since the war began.
SS The losses are not Indicated, but
they unqusstionably are heavy.
=.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
PREFERS A MAN OF PEACE.
Mr.. Bryan Critcises Actions Of Presi-
dent Roosevelt.

Indianapolis, Oct 14-William J.
Bryan's special train bearing a mum.
Der of the Indiana Democratic leaders,
including several candidates on the
state ticket, left here at s a. m. for the
second days speechmaking in Indiana.
The schedule included speeches at No
blesville, Upton, Peru, Kokomo, Hun
tington and night meeting at Fort
Wayne. Mr.. Bryan was received by
large crowds.
Mr.. Bryan referred to President
Roosevelt in his Kokomo speech as
follows:
II am not willing to risk new ques-
lions if we have a warlike spirit in
the White House; man who loves
war and has military enthusiasm when
brought to decide between peaceful
and warlike means may choose the
more violent and involve us in great
war. If you want to know what may
come in four years remember what
occurred in Panama, where one coun-
try was helped to secede from another
by warlike means with the assistance
of the president of the United States.
Would the president have taken the
same means against Germany or Eng
land? I do not want this doctrine of
war in the White House. I want
peaceful progress"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
RUSSIA BOUND TO WIN.
Ambassador Cassini Discusses Far
Eastern War.

New York, Oct. 14.-Court Cassini,
the Russian ambassador, who spent the
summer months in Maine, has arrived
here on his way to Washington, where
he will at once reopen the legation.
Discussing affairs in the Far East the
ambassador declared the war must go
on to the end.
There can be but one outcome" he
continued. when l say an end I do
not mean end of Japan as a naLion,
but an end to the pretensions of Japan
on the shores of the Asiatic continent.
She will be beaten and must in the
end accept the terms of Russia"
do you think the situation is chang
ing in favor of Russian"
THE whole world must see that by
this time. I said in May last that
Kuropatkin was the greatest strategist
in Europe. He has thus far demon
strated his ability. The trouble With
us has been that we have not had SUIT.
cient men. But that is changing.
"The Russian forces have increased
in numbers and Kuropatkin IS taking
the offensive. There will, of course,
be reverses. We may often fall short
of doing what we desire promptly, but
In the end all that will change. Our
armies will grow, our ar . nents will
improve. The outcome Wal be in the
end the outcome which my country
desires.
1.-THE defense of Port Arthur has
been one of the wonders of modern
warfare. The Japanese, outnumber.
ing us and besieging the fortress by
land and blockading it by sea and
! with great advantage over us both
/ by land and sea, have fallen many
! months short of their calculations"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
REPORTED ~ &sAkHARoFF.
Details OF the Fighting on Monday and
~ -. s. Tuesday. .r.-.-,,.

Details OF the Fighting on Monday and
.. - :. Tuesday. En-. -..,,.
st. Petersburg, Oct. 14.-General
Sakharoff, in a dispatch to the general
staff dated Oct. IL, gives some details
of the operations of Monday and Tues
day. He says:
"The Manchurian army, Oct. 10,
strengthened its hold on the positions
taken the previous evening five miles
south of the Shakhe river. At about
In, the afternoon. Oct. 10. the enemy
took the offensive between the man
DARN road and the village of Tou-
mytsa, north of Yentai, with about a
division OF infantry and several bat
teries of artillery. The, enemy's at
tack was checked by the fire of our
advance guards. They maintained an
artillery bombardment until the even
ing. .,.s .4.
"On Oct. IL the Japanese attacked
the Russians on both sides of the rail.
road and north of the Yentai mines.
A fierce fight ragged all day long and
by night the greater portion of the
position occupied by the japanese in
Khona pass had fallen into the hands
Of the Russians, who, however, at s
in the evening, had not succeeded in
capturing wooded hill constituting
the key to the position.
Throughout Oct. IL the Russians
maintained the offensive along the en-.
tire front against the Japanese ad.
vanced position, except at some points
where they were obliged to retire to
their main positions" ~..e
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
TASK WILL TAKE TIME.
President Preparing to Garry Out
Wishes of Peace Congress.

Washington, Oct 14.-The president
is preparing to redeem his promise to
the delegates to the interparliamentary
peace conference to secure another
meeting of plenipotentiaries of the
powers signatory to The Hague con-
vention with view to revising and
adding to that instrument. Complex
machinery of this kind is difficult to
set in motion and if the ordinary
course is followed in these negotia-
lions it will be at least a year and
probably longer period before the
meeting can be held. 1t will be neces-
sary for the state department to ad-
dress separate notes to every govern
ment represented at the last confer
ence inviting suggestions as to the
time and place of meeting and, with
out doubt, in the spirit of caution that
is always exhibited by diplomats, many
of these governments V3ll, before CIV
ing their assent to the proposed con-
ference, seek to secure an iropclad
agreement as to the scope of the con-
ference. Many limitations are expect
ed to be proposed in this way and it
Is realized that much difficulty will be
experienced in securing harmony.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
RUSSIANS ARE RETREAT|NC
RUSSIANS ARE RETREATIRG
REPORTED At TOXIC THAT kU'
RoPATkiN Is AGAIN MOVING
NORTHWARD. w.

Toxic, Oct. Alt is reported that
the Russians are retiring along the
entire front and that the Russian force
Eight more guns have been captured
by the Japanese. r-t
Field Marshal Oyama, reporting
from the field Wednesday afternoon,
expresses satisfaction at the progress
of the operations and fighting between
the Taitse and Hun rivers. The cen
ter and right armies made substantial
gains. While the left army was des-
perately struggling to envelop the Rus
sian right Held Marshal Oyama dis
patched two kilograms, the first of
which said: m.& ii .. ?
"The state of affairs in the direc-
ton Of Mukden9i is as follows:
"On the morning of Oct. IL the cen
trail column of the right army at 5
o'clock occupied LokOulinS mountain
and the northern heights of 'Pacheatzu.
The left column of the right army &C.
cupied the northern heights Of Shao.
takou and continues to pursuesth en-.
emy's central column. The right army
succeeded in occupying Maerh noun.
tain. The central army, beginning op'
erations from = midnight Oct. IL
reached the heights extending from
Sanchiatzu to Sankaushih mountain
on, the northwest, and is probably pur
suing the enemy. The left army con
tinues to attack the enemy along the
Schili river and at Lungwangmiao and
Wulichieh since last night, but has not
yet attained it's object. At present
aided with: reinforcements, the LEFT
wing is trying to envelop the enemy's
right flank by means of a rear engage
ment in the direction Of Penhsuhu ant
the fighting continues Judging from
the above state of, affairs the opera
lions in those directions are proceed
ing favorably toward the attainment
our first object" r..
| The second message is as follows:
In an engagement at midnight OF
Oct. II we captured two field guns ant
eight ammunition wagons. Major Gen
! eral Murui was wounded and one colo
mel was killed"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
RUSSIANS LOST HEAVILY.

..s q : wy
Repeatedly Assault Japanese Trenches
at Point Of 6ayonet.
st. Petersburg, Oct. 14--Private dis
patches sent the night of Oct. IL from
the headquarters OF General Bilder-
ling, whose corps occupies the Russian
center, describe the bloody and des-
.perate character of the fight along the
railroad north Of Yentai station, where,
on Monday, the, Russians repeatedly
charged the Japanese trenches at the
point 81 the bayonet, the fight con-
tinuing into the night. The Japanese
reserved their fire until the Russians
were almost upon them An instance
Is given OF q regiment getting within
10 few yards. Of the Japanese trenches.
but recoiling before. the murderous
volleys OF the Japanese, then coming
on again with nforcements literally
under q shower OF shrapnel and finally
succeeding Id driving out the Japan.
sese But the Japanese artillery fire
was 30 whitening that the Russians
were unable to remain Ia the trenches
That night the Japanese artillery bonn.
bArded the Russian center, preparing
the way for general counter attack,
which Field Marshal Oyama ordered
for Tuesday The Japanese offensive
extended to their extreme left, Gen.
eral Oku,s army being for the first
time engaged. At nightfali Tuesday
the Japanese had forced back the Rus
0ian right, but the center held fast. al
though q few posi- tons had fallen into
the hands Of the Japanese.
The latest newspaper reports say
0enerala RennenkampM md KAshta-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-14
LOCKED IN DEATH STRUGGLE CANTEEN A REAL NECESSITY
RUSSIAN REPORTS SAY ENGAGE.
MENT so FAR LACKS DE-
cIsIvE RESULTS.

st. Petersburg, Oct. 14.-The Russian
and Japanese armies wrestling below
Mukden seem now to be definitely
locked in a death struggle for the
mastery. Field Marshal Oyama is
countering General Kuropatkin's thrust
at the Japanese right by an advance
against the Russian right. The situa-
ton, on a much larger scale, resem-
bles that of Vafangow, where General
Stakelberg, in essaying to turn the
Japanese right, had his own right
turned. The Japanese assumed the
offensive Wednesday against the Rus
sian right, forcing 'the latter to give
ground. But, along the center, stretch
ing from Yentai station eastward,
where General Nodzu also attempted
q desperate counter attack and where
the fighting was hottest, the Russians
held their own. The result at night
fall was a draw. This is the latest
word received by the war office from
Kuropatkin, but, according to the dis
patch of the Associated Press from
Mukden, the Japanese resumed the
offensive again Thursday morning. No
word has come regarding the opera
lions of the Russian turning move
ment on Oyama's right, on which the
success of Kuropatkin's plan Of battle
seems to depend, the war Office ex
planning that reports from this point
had mot reached Kuropatkin when he
sent his dispatch and, consequently
information is lacking of the opera
!; tions at the very point where all eyes
center and where the heavy blow was
!. evidently aimed. ,.t
| -, Altogether the latest news is no
! completely reassuring. The Novot
Vremya voices the prevailing senti
ment, saying:
"Kuropatkin is a cautious leade
and, it lis taken: for, granted that h
weighed we'll the risks before under
taking the wide turning movement. W.
probably shall have to wait long ant
weary hours before knowing the re
suits of the all important battle nov
hAnun-"