davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
ANTITRUST LAW UPHELD
4. y. .Supreme Court Declares q
newspaper Boycott Illegal.

,-- :" dsfnngton Nov. The Supreme Court Of the
Ciii'ec states to-day affirmed the decision Of the
eiie court OF Wisconsin tn the newspaper boy
eott case arising from the alleged business eornbi
na'i"n OF Inc Sentinel THE News and The
Evening Wisconsin, all published at Milwaukee
aeaHis' me Journal" OF that city. affecting ad-
Feruslng rates. The opinion was delivered By Jus-
uce ffoimes and upheld the validity OF the WscOn-
u Siu-rust law, so far as Il applies to this case
Inc case came before the Supreme Court on
Wits OF error to set aside convictions and SON.
fences OF a. J. Aikens Albert HIegin and NJ A
Hoyt publishers Of the three newspapers In the
coinonlauon. The ground OF the writ Is that the
proceedings violated the rights of the paintiY in
error under the Fourteenth Amendment % the
Constitution Of the United States The i,forr,a
uohs were brought under the Wisconsin statutes
OF 1885 which impose Imprisonment or fine on "a p
TWO or more persons who shall combine COR the
purpose OF wiifullv or mahcioUSly injUrug another
IN MS reputation, trade business or profession bv
any means whateve-." etc The plaintiffs IN error
were Severaliy charged with unlawfuiv combining
together with the intent Of wifuy and rnaIiciousv
ihj"rlhs The Journal" Company by agreeing that
II any person should agree 20 pay the Increased
advertising rate charged b. The Journal Com
pany then he should he permitted to advertise
In any Of ne other three newspapers except at
corresponding increase of rate. but II he should
refuse to 25- The Journal Company the In
creased rate then be should be allowed 10 adver-
Use IN any OF the other three papers g. the rate
previously charged. II was alleged that this con
spiracy was carried out. and that much damage
10 the business of The Journal" Company en-
sued Constituting the statute. Justice Holmes said.
We interpret ,'naliciously Injuring" to import do
ing a harm inadvertently for the sake Of the harm
as an enc IN itself, and not merely a means OF
some further end leglJimately desired Otherwise
the phrase would be tautOlOg0Us since wilful in
jury Is malicious in the sense familiar TO deCla-
ratlons and Indictments where. indeed. the word
that.
With reference 10 the constitutiouanty Of the
sta tute he said:
Ihere ls no anomaly in statute which Furnishes
combination such IS charged here IL has
been held that even the free Of land by a
single owner for purely malevoIeut purposes may
De restricted cOnstitutOUoIiy although the only
immediate injury is TO a neigh boring land owner
W neither this decision was right not. when IL
comes TO the freedom OF the individual malicious
mischief Is familiar and proper subject for Iegs-
lative repression. StilI more are combinations for
the purpose of infctln- IT, Ii would be impossible
70 hold that the liberty TO combine indiCt such
mischief. even upon such intsngibes as business or
reputation. was among the rights which the -Four
teenth Amendment was intended TO preserve.
Justice White dissented from the opinion,
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
ELECTED FRON G1SCOGNE
Paris ImpresariO Suing the Freach
Line for S25 900 Damages.

The attention Of Judge Holt. in The United States
District Court. yesterday was occupied by the trial
OF an action against Ia Casoogne OF the French
Line wherein Eugene ROumegOux. a grand opera
impresaTio OF Paris TO recover $500 tor al
legged damages resulting from MS eiectment from
the vessel January g. 1901
According 10 the complainant. n has been for n
number of years bringing French companies from,
Paris 70 South America. the West In1ies and &C.
casionaly 70 New-Orlsacs IN the season OF l90s-Ol
Hounesoux says. he under contract with
F1ensl bcr.leT. OF SeV-Crieans. 20 COniuct series
OF entertainments in thar city and after II he wa.
20 receive. among other considerations a ticket To
FariS II mad been his intention 20 sail on La Cas-
cosne On January 3. but, although his passage had
Oeeh engaged for th7t trip he was unable 20 con-
pete his arrangements tEat he could start Hs
'ONi'-''sy- ne swore. telegraphed the represerra-
uFeS % me steamer in Sew-York. asking that hts
passage Dc changed for the last trip. on January il
re received an answer he testified that the trans
'e' n''d oeea made He swore he reached Nev-Yo-k
On '"e uay scheduled for sailing and IN the morn
iiiS o. January 81 went aboard the steamer III,
took possess Of statsroon No III and procested
to make things comfortable.
About three minutes before the tine FOR sailing
N ttouT0egoCN states officer or the n1a-
came % his staterOOm and after telling him thar
bis ticket was not -o0d for that trim erected him
irc11 re vessel HIS belongings were thrown over
not Die 10 sail for Paris until month sater-t0Cs
ate 20 secure an ergascent for the Frsaeh Easter
theatrical
The defence OF the steamship company r. that
technically an error Wade. The extension %
the pStSsase 10 - Contended, merely "A favor on
the part OF the company. and the misunderstanding
the steamers officers WIS not for which tho
company was legally liable.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
DEFENDANT DIES ON WITNESS STAND.
Clothing Contractor Much Affected by His
Inability to Pay Claims Against Him.

The defendant having died IN court. this case
will De decided by higher court" This was the
ruling signed TO the papers yesterday in the case
OF Henry Berger against Joseph Shapiro. a cloth
ing contractor OF No. s. MOuroe-st-. by Jusrics
Sanders. in the Thirteenth Municipal Court. at No
2O2 East Broadway The defendant. attacked by
apOpIexy just he took the witness stand. col
lapsed and died in few minutes.
Shapiro being sued by Berger and about
dozen others for sums aggregating $40. alleged to
be due them for work done by them He had failed
pay about a dozen Of the persons employed BY
him, because said that the warehouse Tor which
he was taking the contract had not paid him
All the compliments are POOR. Shapiro main
tanned that he intended 20 pay them. He said he
was affected. and really seemed 70 be. by his in
ability 70 settle the suits He also agitated BY
the fact that had the compliments insisted on a
judgment against him yesterday body execution
would have been taken and he would have been
sent jail
A short while after the man had died and the
body had been removed into another room. rela-
tfves OF che dead man appeared IN court and took
charge OF the body. As they left the building in
search Of undertaken. funeral passing
They called the undertaken. II. ROseublOOm OF No.
2S3 Madsou-st.. and asked MIN take charge OF
the body. The undertaken halted the funeral pro-
CessiOu and made preparations 70 have the body
moved from the courthouse After this done
Lie funeral proceeded
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
LOST 100000 BACKING PLAY.
Hermann So Says Of The Isle of Cham
pagne'-New Charges Against Wife.

SUI more affdavits in the suit for separation
Drought by Florence Crosby Hermann against
George Hermann submitted to Justice
Amend IN the Supreme Court yesterday bv counsel
for the defendant Hermann says that he dissi-
pated his entire fortune lin an i1provtdent man
ner. having lost about ao9000 backing The Isl,
OF Champagne He says the PLAINTIFF knows he L.
without means ''siuCe she aided ne in dIssipatinx
and tisposing OF the same" his wife he declares
has a large income, and is now paying SO a month
for an apartment in waich there are furniture
brtc-a-brac and rugs valued al about s20Cn He
asserts that Mrs Herrma1rs income Is over $500
year
Arthur Cohen in an affidavit submitted yesterday
says that Mrs. Hermann on one occasion offered
him $3.50 to assault Hermann and that he re-
fused He further states that after a poker gains
she asked him to kiss her 70 make Hermann
jealous. Mrs Hermann at various times in the
summer, according 10 Cohen. wore iswelry worth
at least $S000J
Hermann names a number % men with waon
he says "on information and belief his wife has
lived His affidavit also reads
on information and belief and T verify beiIsvs
from the Cecil and Carlton. London. E.nE. and
the Regina Hotel. Paris. France OF
her behavior and manner In which she conducted
herself. At the Regina I Informed and believe
notorious Fayne Moore at that resort
Another affidavit says that Mrs Hermann in
asking her husband for money repeatedly would
at times act a crazy person
All these allegations Mrs Hermann denies.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
MCL1NToCK ACCUSES POLICEMAN
Says He Is in the Pay Of Chinese Gambling
Society.

Low Row, of No. IS Mott-st.. OF the Hop Sing
Tong arraigned yesterday before Magistrate
Cornell charged with disorderIy conduct which
the magistrate afterward ordered changed TO felo-
MUS assault Low Row found in the store OF
Lee Sun Kun No. "A Mott-st. with a loaded re-
vover in his pocket. which he is thought TO have
carried in the hope OF avenging the shooting OF
Mock Duck last week by a member OF the On
Long Tong.
Superintendent McClintock OF the Parkhurst So
ciety in court in behalf OF Low Row who be-
longs TO the Hop Sing Tong, to which Mock Duck
belonged. and made charges that a police officer
was in the pay Of the On Long Tong Mock Duck
was also member Of the Wong Get. tho society
of Chinese reforIners. McClintock said that on
Sunday the police OF the EIizabeth-st. station
for concealed pons.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
YALE REGULARS BACK IN LINE.
TBY TELEGRAPH TO TaE rR1sUxE.l

TBY TELEGRAPH TO TGE TRIsUNE.1
New Haven. Conn. Nov Yale had an unusU-
ally icng practice to-day. IN which all Of the regu-
lars played. including Bloomer, Shevn alone being
out. The who through the Brown game
were in good condition, and drilled hard by
Walter Camp IN the open practice all Of the regu-
lars except Morse were left out. the first subs"
lining up against the second team for brief
scr1mmage Gates and Hare played the substitute
team ends Stuart and H. Turner tackles ellis
and Flanders, guards; Erwin. centre: Hutchinson
quarterback Veeder and Morse halfbacks and
Phil Morse. fuback. The varsity scored a
touchdown and were then scored on by the second
team. Al Of the real work was done behind closed
gates. However the fact that S. Morse, Mccoy
Owsley and Boomer again out, after long
rest, gives hopeful sign for the personnel OF the
Princeton game on Saturday.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
PROGRAMME OF SPORTS TODAY.

RACING.-At Aqueduct 2 m Pinlico and Larona.
AJ~rOMOBIL-ING.-Ra al Empire City track, p. m.
FOOTBALI.-Rutgers New-York University; Xavier
Athletic Club FOrdhaIn: Mlddlebury Union
iallaudet al Lafayette: Han High
i3rookIyn Boys High school Washington Park, =
D m. Brooklyn Polytechnic Preparatory Dwight
al Washington Park. 10 q. PauIs School
Newark High school q Garaen city. Long Island 3
D. m: Pratt High SchCa! Areph a. Adeph
field, q.
GOI-F-Cub championship a = Andrews handicap at
Arasie- handicap a. Moutc!air championship AZ
Engenfood: c!u handicap Hillside, club
ais q Isl Chester. handicap az
Ffaekenssck: handicap a South Orange: governors
aud captains caps Suburban Club; governors cups
a Dyker Meadow: cIub handicaps Baltusro voters
handicap Nassau Country Club. handicap at Car
den city handicap a Eastern Parkway handicap
foursomes Richmond County Country Club;
handicap ST. Andrews.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
DERBY OUT AGAIN FOR HARVARD.

Cambridge. Mass. Nov : (SpeciaD.-The work
on Soldiers Field this afternoon very light,
all the men who played any length of time in the
Dartmouth game having an easy time After long
signal practice for the first team men a substi-
tute varsity and strong second team had a short
lineup, in which the subs" scored a touchdown
Roger Derby. who has been out Of the game since
the first day OF practice with a spraned shoulder
got back into the scrimmage to-day and PLAYED a
fine all around game, especially strong on the Of
fence Don Nichols got back into the game at left
haf again to-day, his shoulder having entirely
covered. Moves was played at quarterback. Starr
having gone into the country for a two DAYS rest
Montgomery and Jones were also out again
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
GETS $4,000 FROM THOMAS ESTATE.

verdict for $4,000 given yesterday in the
Supreme Court in favor of Albert o. Behs against
the estate OF General Samuel Thomas Bebe
claimed 100000 for services rendered in 1924 in
connection with the purchase and sale Of stock OF
the Richmond Light Heat and Power Company
which went into the hands OF receiver about tina
time. The plaintiff said he engaged to secure
sufficient OF the stock to place General Thomas in
control before the property went into the hands OF
the receiver. The company subsequently was reor-
gained The suit was brought before the death
of General Thomas and continued against his
estate.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
BIG DEMAND FOR ARMY-NAvY BOXES
First Choice of Seats for Football Game Sells
at 1925.
LRY TELEaRAPH no THE TRIRrNE.

IBX TELEGRAPH TO THE TRIBUNE
Philadelphia. Nov IF the demand for boxes
for the Army-Navy football game November 26
is any indication, the attendance will be larger than
it has been since the memorable game OF 1891
The boxes auctioned off this morning. and
drew good sized crowd Of football enthusiasts
and at times the competition keen. The first
box sold No. Is. which after spirited bidding
was knocked down to J. T. Hoffman for $225 This
remained the record price. While a few OF the
boxes went for low $50, nearly all brought
from SIS to $1S0, and about fifteen fell into the
hands Of spectators
The total amount realized $500 or about $500
more than last year.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
A sWINDLER AT AQUEDUCT.
Confidence Worker Gets Subscriptions, Say
ing They Are for Newspaper Men.

man who represented himself as a newspa per
correspondent has been working a confidence game
among the horsernen at AQueduct.
He said he authorized to get subscriptions
for the active newspaper writer's the track, and
succeeded in collecting 500 from Albert Simmons
and smaller amounts from several others.
Mr.. Simmons made some reference TO the matter
yesterday in the hearing OF Of the supposed
beuefciaries. and the subscription promptly
declared a swiudle. Mr.. Simmons had given
check for the amount, and he wired his bank TO
stop payment, although he expressed the fear that
II would be too late.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
DESIGNS FOR coHAssET kNockAgouTs

E. A BoardRan, OF Boston. has finished plans for
q new 25-foot overall knockabout class. for mem
bers OF the Cohasset Yacht Club. to take The place
Of their 2-footers From fifteen boats of this
type are be built, and they promise be an in
tereating racing class able and seaworthy. as re-
CURED for Cohasset waters. A model for a speed
launch which embodies new ideas in regard 10
form allowing g much longer boat for a certain
class than IS usually built under the rules IS also
completed. This boat is 10 have q speed Of TWEEN
ty-two knots and VIII be driven by a Napier
CINE
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
OPERATORS WIN ILLINOIS STRIKE.
Hosting Engineers Union Broken Up by De-
lection of Members.

La Sale Ill. Nov The hoizting engineers
union IN Illinois is thing OF the past. All the
coal mines in this district resumed operations to-
day as IL there had been no strike
The old engineers have returned TO work and
have joined the miners union. kilograms were
received last evening from officials OF the engi-
neers' union ordering them % return TO work
the scale OF wages offered by the operators assO-
cfu fipr
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
MAN" PATTERSON TRIAL NOVEMBER I;

Justice Davis yesterday hxed November IS "a the
date for beginning the trial Miss Nan Patter-
SON. indicted for the murder OF Cesar Young
last summer The hearing lasted only few mo-
ments Miss Patterson was in court She seemed
better. both physically and mentally. than al her
last appearance She Is considerably stoutsr than
she was. Assistant District Attorney Rand made
motion for the setting the trial and for a special
jury and her counsel made opposition
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
N. Y. U. PREPARES FOR RUTGERS.

Dave" FuItz gave the New-York University
team only light work yesterday in preparation for
the annual contest with Rutgers on Ohio Field this
afternoon. Il was expected that the team would
be in poor condition, but the way the varsity went
through the signal practice yesterday was encour-
aging. Hulsart is the only varsity man who viii
not in the lineup to-day. A sprained ankle will
probably keep him on the hospital squad for the
rest Of the season. Lowry, the varsity end who
has been laid up with q strained back reappeared
VIII probably play right end to-day. Mancher,
the substitute quarter will Hulsart's place.
The lineup follows
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
OTHER SUPREME COURT DECISIONS
Steamship Company's Liability for Death Of
Passengers Affirmed.

Washington, Nov. Chief Justice Fuller in the
United States Supreme Court to-day. announced
that the court had refused writ OF certorari IN
the case Of the Pacific Mail Steamship Company
a9ainsr Sarah Cl1you The case involved the ques-
ton OF damages on account Of the wreck OF the
passenger steamer City OF Rio de Janeiro, which
sank of the Golden Gate at San Francisco IN lsOl
CARRYING down 10 persons, including Consul Cen
eraI wildman. The case was a test one. and II
was charged that although twenty minutes time
ELAPSED after the signal 10 lower boats before
the catastrophe occurred only one boat was hoated
This the steamship company asserted was due TO
the fact that many members Of the crew were
Chinese. they could understand the orders
given 10 them but the court refused to limit
liability this account. The purpose or the pc
case to the Supreme Court for review. and The de.
NAL has the effect Of making T2 ne asGls9b bc q
was favorable 70 me passengers
Justice Brown delivered the opinion Of the court
in the case OF Crawford & Valentine, stock brokers.
of Chicago. Us. John E Burke, involving an ac-
ton to recover damages for the wiful and frsudu-
lent conversion Of $50 shares OF Metropolitan Irac-
ton II was complained that the brokers' had sold
the stock and converted the proceeds TO their own
use obtaining $4,000. The firm entered plea OF
a discharge in bankruptcy. but tie Illinois State
courts refused TO consider II and gave Judgment
FOR the damages claimed That verdict was re-
versed by to-days decision. IN his opinion JISIlee
is whether the supreme Court or Illinois gave JlV
held that II did not and. therefore, reversed the
judgment Of that court
In an opinion by chief Justice Fuller. the court
dismissed tire case OF Stevenson against Fain.
which grew out of . controversy concerning the
ownership OF a body OF Wild lands living on the
border OF The State OF Tennessee. Stevenson Al
legged that the Lands in Monroe County. Tenn,
and asserted title under grant from that STATE.
while Fain asserted that they We're in Cherokee
County y G.. and were held under grant from
that state The Circuit Court for the Eastern DIS
tricr az Tennessee held thar the lands wholly
iD North Carolina The Supreme Courts dismissal
vas based on the ground that ii is without jursdlc-
ton IL the case
The court dismissed FOR want Of jurisdiction, the
case OF Anlad0 against the United States This
arss 4 criminal prosecution for smuggling liquors
into Porto Rico. IN which Anado found guilty
ard sentenced 10 prison
In the case OF Albert Hefr. OF Hatton Kan. under
sentence for selling liquor TO an Indian the court
granted leave die petition for writ OF habeas
corpus AID issued order Cor Heffs release on
hail OF e Ca The hearing OF fixed sor
November :
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
NAVY CAPTAIN IN POOR CONDITION.
lay TELEGRAPH 70 THE TRIBUNE
aT{.5,1,;rr7o1 Ch.vfac

lay TELEGRAPH 70 THE TRIBUNE,
Annapolis Md. Nov. 7.-Midshipman Charles C.
Gill; who badly injured while practising foot
ball IS still q serious condition. but no worse
The physical condition OF Captain Farley OF the
football team is giving the coaches much concern.
Though suffering from particular injury. he does
not appear strong enough 10 stand hard game
and mas only played through small part OF tho
Swarthnore and State games. MtdshipHlen Doug
lass and Root both OF whom broke their legs
early in the season. are about clutches, but
neither can play again this season
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08

The proceeding in which Mrs. Dodge has failed to
get a writ is the final in her efforts to secure
possession of Jewelry which seized By the
Custom House officials in 1899. Information hav-
ing been sent from abroad that she had purchased
a large quantity Of jewels, there were inspectors
the lookout for her her arrival here or June
"A in that year She made a declaration that she
had nothing dutiable IN her possession when she
disembarked from the steamship st. Paul On the
pier she compelled to open her trunks and
hand satchels. and there were revealed clothing
and dress goods worth $4,000. and diamond. pearl
and sapphire gems worth from $4,000 20 $4,000
These included bracelets. sunbursts. necklaces,
chains. pins rings and charms, and OF the
necklaces said 10 be worth $4,000, although
these figures were afrerward reduced 20 $4,000
Both Mrs. Dodge and Maurice WOrmser who met
her. declared that the jewery had been bought in
this country. but the boxes Of Paris dealers were
found and the property was cOnhscated. When
the case to trial q verdict given IN favor
of Mrs. Dodge. in June. 1900, and payment OF
part Of the duty she recovered the articles,
the necklace, which is stu held by the government
The government appealed from the Judgment in
the case, and last June the United States Circuit
Court of Appeals held that the seizure was war
ranted as IL was not necessary for fraud 70 be-
proved by the customs authorities when the goods
had not been declared. II was this decision for
the review OF which the writ or ceTtIcrarl was
sought.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
HoLouP SUSPECTS DISCHARGED.

Antonio Schahno and Vincense Muscarra. two OF
the three prisoners who We're arrested November
I on suspicion Of being implicated in the attempted
holdup and robbery OF the paymaster OF the As
to-ia Light and Power Company on Friday, october
y. Astoria were discharged yesterday On
Saturday Nino Arcalo. OF SecOnd-ave ana sixty
fourth-st.. Manhattan another italian VINO was r
rested suspicion. also discharged
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08
AMHERST TEAM STILL STRONG.

Amherst Mass. Nov. (speciaD.-Amherst came
out OF her grueIling contest with Holy Cross in
good condition Leighton, who played centre WAS
lad up to-day account Of slight injuries nut ne
will be al right IN day OSBORNE. VINO
tore a Iigament in his shoulder on Tuesaay N.sl
have To Quit the game for the rest OF the season,
giving way 20 ConnelL
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-08

Go early to the polls day, 20 make sure of
your vote, and TO prevent Tammany repeaters
from voting in your in the names OF
your friends in the district who may be late.