davidaulloa/AmericanStories huggingface dataset:
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02
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MUNICIPAL CONTROL.

Judicial opinions which have been
obtained concerning the authority of
certain municipalities to control the
rates made and service given by quasi
public corporations emphasizes the in
ability of the average city to assert
Jurisdiction. In some instances the
due to nom existence of necessary laws
in others to confusion among general
covered between general and special
laws
1t is quite likely that, in regard to
franchise privileges, which are ac-
quired directly from municipality, a
city has ample power to regulate the
service to such an extent as to demand
that public requirements be satisfied
but it is doubtful as to what authority
a city might have in regard to the reg
ulatiOn of rates for such service. Spe-
cla1 franchise 1dWS ulneI, SOiile dIe
incomplete, some are not sufficiently
specific in the evident intention of TAX
ing away this authority.
The efforts made by several cities,
to establish precedents by assuming
authority, whether sure or not that it
is possessed. draw attention to serious
omissions which have been made in
and special laws. 1t has too often
been taken for granted that the service
and rates would be satisfactory; conse-
quently no provisions were made to
protect the public. Or, perhaps. a
confidence was felt that, in considering
that franchises are granted for public
convenience, it would be possible, in a
predicament, to enforce implied au
thority.
But it has been ascertained that i'm
piled authority will not do. The
specific authority must be plain. Other
wise, control over service and rates
may not be exercised. Developments
growing out of experience in many
cities indicate a necessity for more
care in enacting special laws for revi-
sion of organic laws and for definite
provisions esta blishing the municipal
authority to maintain supervision and
control in the public interest.
The question raised is not less i'm
portant than that of municipal owner
ship proper; in many respects it is even
more important 1t shows that, in adj
justing new systems to quick advance
ment, important points have been over
formulating organic laws; and, in the
enactment of special laws, either indif-
part of Legislators.
The subject of franchise legislation
is just begun to be understood. Many
evils and defects exist because no Sc
rious attempts were made to under
stand it. Clear appreciation is fol-
lowing experience. Maybe, after all, it
is better that new laws and systems
! are founded on experience, for they
will probably be more nearly perfect
and more practical than if theory had
been wiser in the start. Wisdom
from experience is costly, but it is
profitable.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02
O. r, E. N. Co.

For Triennial Conclave, knlgnts
Templar, September to and Tor the
Sovereign Grand Lodge 1. o. 0. F.
September 10 to 25. the 0. r. & N. co.
will sell excursion tickets to san
Francisco via steamer, $3.50; via rail
$3.50.
Dates Of sale
Via steamer August q, % and Sep
TENDER l and 2.
Via rail September l, 2, 3, Is, 1t and
II; limit October %.
For berth reservations call on or
address r. BURNS,
General Agent.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02

NAV be a good reason for this change
of beart that does not appear on the
surface. The lobby probably has
something up it's sleeve.
When the devil was sick the devil
a saint would be
When the devil got we'll the devil
saint would he be-"
Likewise the lobby is now making
oreat professions of a desire to accede
to the popular demand for railway
commission but if it shall succeed in
fooling the people, either there will be
no commission at all or if one be Gre
ated it will be rendered useless through
some ruling of the supreme court.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02
Pacific Sailing Schedule.

SAN FRANCISO, Cal. April 2.-Tbe
sailing of the steamship Coptic for the
Orient today inaugurates the new ioint
sailing schedule adopted by the Pa
cific Mail and the Occidental and ORR
entail Steamship companies. The
withdrawal of the three steamers of the
Togo Kisen Kaisha line, which Arc
now being used for Japanese trans
ports, made the old schedule irregular
and necessitated the adoption of p
new one leaving out the japanese
steamers. Under the new schedule
vessels will depart from San Francisco
for the Orient at intervals of about
eleven days.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02

For the general conference of the
Nj. f. church to be held at Los Angeles,
Cal, May Sd. the 0. r. & n. Co. will
sell excursion tickets as follows:
Via all rail .................S $3.50
Via boat to San Francisco and
rail beyond or vice versa. $3.50
Via boat from Portland, both
ways $4b.OO
Dates of sale-Via steamer April 3d.
% and %; via rail April % to 80, in
elusive; final limit June 80, inclusive.
Stopover allowed in the state of Cali
fOrnia on the return trip.
For detailed information call on or
address r. BURNS.
General Agent.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02

Via boat from Portland, April 90, a
and 25.
Via rail April % to 80 inclusive.
limit June 18th.
StOpOver allowed in the state Of
California on the return trip.
For detailed information call on or
address r. BURNS.
General Agent.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02
section 10, of article IL, of the WASH
ington constitution, which reads:

section 1S, of article IL, of the WASH
ington constitution, which reads:
Sec. IS. The legislature SHALL
pass laws establishing reasonable max
imum rates of charges for the trans
portation of passengers and freight,
and to correct abuses and to prevent
discrimination and extortiOn in the
rates of freight, and passenger tariffs
on the different railroads and other
common carriers in the state. and shall
enforce such laws by adequate penal
ties. A railroad and transportation
commission MAY be established and
it's powers and duties defined by law
1t will be noted that this section
contains two propositions, as separate
and distinct, one from the other, as
they would be if they formed two sec
lions. one numbered IS and the other
|19.
The first is an imperative man.
date" which can be acted on without
reference to any other section of the
constitution, to ascertain if it is limit
ed or extended in meaning by any of
them. It is a complete declaration of
the power and duty of the legislature.
The other part of section eighteen is
complete sentence, and gives the
legislature permission to do indefinite
things. In putting it in operation it
is absolutely necessary to refer to
other portions of the constitution to as
certain if there are any limitations on
the power of the Legislature. When
that is done it appears. at glance,
that in establishing a railroad commits
sion the legislat ure must not give it
else directly. Being commanded to
pass laws establishing reasonable
lature cannot delegate that power to
any other body, it must exercise the
can no more confer power on railroad
commission to establish reasonable
maximum rates of charges than it can
confer on the city council of Seattle
power to adopt a criminal code for the
state of Washington. Were a legisla
ture to ATTEMPT to endow a railroad
commission with the power of "estab-
fishing reasonable maximum rates of
charges for the transportation of pas
sengers and freight" the courts must
hold such action unconstitutional and
void, or violate all the we'll settled
rules of constitutional Interpretation.
Having advocated the principles of
the republican party ever since I
watched my father vote for Fremont.
in 1856, and having voted it's ticket,
with very few scratches, since voting
for Lincoln, in 1860, believing that the
republican party never did or ever
will. promugate a policy it cannot sue
ceSS1ully de1end, IN or out OF court, L
do not wish to be called upon in the
autumn of my life, to support, as re-
publican party measure, one, which, to
my mind. so clearly runs counter to
reason and authority, as does the pro-
posal to have the republicans of Wash
ington put forth a platform demanding
that the legislature enact law Great
ing a railroad commission with power
to fix freights and rates.
p. B. JOHNSON.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02

For the National Association of Re-
tail GrOcers to be held at San Fran
cisco May Sd to 9Th, the 0. r. & N
&C will sell excursion tickets as fol-
lows:
Via boat ...... ..... ..... $27.30
Going by boat and returning
rail- or vice versa ....... $3.50
Dates of sale
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-02

Very 1
The
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After
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The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
The Mendelssohn Quartette.

1t is announced that the next num-
Der on the college lyceum program
will be the famous Mendelssohn
Quartette. This company will ap-
pear in Newberry, at the college au-
ditoriun, on the night of December
ID. Miss Marguerite Smith, the best
child inopersonator on the American
platform. will be with the company
this year The company has been
touring the south this fall and the
press comments have been most fav-
orable. One publication says:
Without any question there is no
Lyceum attraction in the field today
more popular, widely known, and de-
serving. than the Mendelssohn Quar-
tette. Six years of constant work
with Lyccum audiences has given
them an experience which. combined
with true talent, temperament and
training, enables them to touch the
responsive chord in every audience.
This year finds Dr. w. Del. Harta,
late member OF the Metropolitan
Opera company of New York, in the
role of first tenor, and Mr.. Richard
F. Yarndley as baritone and 'cellist.
1t is safe to say that this superb COM
binaton will easily represent the best
effort ever presented by the Mendel-
ssohns. As heretofore the quartette
will be supported by Marguerite
Smith. originator of the famous child
impersonations and greatest living
exponent of that art. Altogether
great company combining two en-
tertainments in one.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
Italian Parliament.

Rome, December 3o.-King Victor
Emmanuel, who was accompanied
by Queen Helena, reopened parlia-
ment today. From his seat in the
senate at the Plazzo Madame, the
king delivered the speech from the
throne, expressing liberal and peace
full principles, which were enthusias-
tically applauded.
The weather was magnificent. The
passage of the king in procession to
and from the palace of the senate was
a gorgeous spectacle. In his speech
the king said:
"When for the first time, spoke
before parliament, affirmed my
strong belief in liberty. My exper-
ience since then has confirmed my be-
lief and has persuaded me that only
with liberty can the ponderous pro-
blems now standing before all the
peoples of the world, raised by the
new aspiration and new attitudes Of
the social forces, be solved. Ny
government will continue to follow
the policy Of granting ample liberty
within the limits of the law, which
should be strongly defended and
which has met with such strong ap-
probation from the coun,ry"
The king then announced the IN
PRODUCTION of bill having the object
of progressively eleyating the con-
dition of the working classes, faclll-
tating an equitable and peaceful So
luton Of the conflicts between capital
and labor, substituting cooperation
among all classes for sterile struggles
and replacing strikes which mean
victory only for the strongest, by ar
bitration which means victory tor
justice"
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
Recovered From Injury.

About two weeks ago Mr.. F. w.
Higgins met with a painful accident
while endeavoring to catch chick
,en thief. = negro man broke into
Mr.. Higgins hen house, and made
such noise in escaping that the owner
gave chase. The thief took to the
woods near Mr.. Higgins residence,
and the chase continued some little
distance. Mr.. Higgins stumbled IN
the darkness and fell heavily against
tree stump, breaking two ribs and
sustaining painful bruises. He has
remained perfectly quiet at home
since, and consequently is almost re-
covered this week. He is now able
20 be on the street.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
THE FRANKLIN CASE.
Expected That 1t Will Be Argued
In the Supreme Court in the
Next Few Days.

The following in regard to the case
OF Mrs. Sudic Franklin. wife Of Mr..
II. H. Franklin. OF Newberry. is from
the Columbia State:
"One of the most talked Of cases
of the Greenville circuit is expected
to be argued in the ,preme court II
a day or so. The case is the famous
Franklin suit against the Southern,
in which a verdict Of S27 200 was
awarded Mrs. Sudie Franklin on the
charge that she was mistreated on
train running between Newberry and
Greenville
"a motion to reduce the verdict
was made, but refused, and the case
was carried into the supreme court.
The plaintiff is represented by H. J.
Haynesworth, of Greenville. and Geo.
Johnstone, of Newberry, and the
Southern is represented by the gen
eral counsel of the road, Mr.. w. A.
Henderson, and by Mr.. T. P.
Cothran, Of Greenville.
The defendant, who lives at New
berry, was on her way to Atlanta
having changed cars at Greenville.
She claims that she was treated with
violence by a passenger who was
drinking anG who was not handled
bv the conductor. As a result she
was thrown into an illness which was
very serious.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
A BIG EN- -.2PRISE.
The Parr Shoals Power Company
Soon To Open Books of Sub
scription to Capital Stock.

Books or subscription Will soon Dc
opened to the capital stock OF the
Parr Shoals Power company. OF New
berry, S. c., which was this week Is
sued a commission, the capital stock
being placed at $4,000, with the priv
ilege of increasing it to SI.ooo,ooo
The corpora:ors are II. L. Parr, L.
+. Wright, W. G. Houseal, c. H.
Cannon, W. X. Sigh, and \. L. Scott
The company will develop the great
water power on Broad river, near
Peaks.
The shoals formerly were the prop
erty OF Mr. H. L. Parr, Of Newberry:
but now belong to joint stocE
company, which has interested q
number OF large capitalists. 1t is
expected much more than 25,-
600 horse power will be developed
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
Advertised Letters.

Letters remaining in the postofic(
at Newberry, S. C. for week ending
November rs:
B-Master Conrad Beam. Mrs.
Rosa Brown
C-Mrs. Carrie Cromer. Miss Polly
Coachman.
D-Mrs Gussic Davis.
G-Mrs. Lillia Glider.
J-Miss Lula Jones.
Ky. Kiser. Miss Amer King.
L-Mrs. Z. NJ. Lindsay, V. Lon
tana. Miss Ola Long
M-Miss Dora Mack, F. B. Mer-
chant. John Miller. G. T. Miller.
N-AIisS Lamand Neal. Miss Be.-
sic Night
S-MisS Joschinc Spearman, Allen
Sanders, Henry Shell, Mrs. Mary
Stephens, John Sigh.
W-John Well, Mrs. J. R. Weed.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
THE VERDICT STANDS.
Decision In Case of Robert Watkins
VS.. the Glen Lowry Manu-
featuring Company.

Judge Ernest Gary has announced
his decision concerning the motion
ior new trial in the case OF Robert
Watkins against the Glen Lowry
Manufacturing company. He decided
in favor Of plaintiff. The verdict,
which was for $4,000, stands. The
case was tried in Newberry at the last
session OF the court OF common
pleas. The suit was to recover dam
ages for personal injuries received
by Robert Watkins, while working
for the Glen Lowry company, and
which, it was alleged, were received
through negligence of the company
The jury rendered $4,000 verdict,
and a motion was made for new trial.
This motion was argued in Green
wood, and Judge Gary reserved his
decision, which was announced today.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
Purely Personal.

In looking over our mailing list We
have been surprised to find how few
have had their dates changed to 'os
and also at the small number that stiH
stand at 'o4. We want every sub
scriber to look at the date on thu
label opposite his name on this paper
and see if it is in arrears of Novem.
Der 29, 'o4. If so you are due your
subscription and should at once send
it to this office. We need tie
money and must have it. We caa-
not understand why so many peopls
will neglect so small a matter to them
and yet which in the aggregate means
so much to the publisher. You do
not intend to beat the editor out of
the pittance that you owe him and
yet by not paying it promptly YOU
make it difficult for him to meet his
obligations. Why not save him the
trouble and cost of sending a man
around or mailing a dun" for the
small amount by coming around and
paying up. We have from 1900 10
1900 names on our list who are n
arrears one or more years. Even
S1.5o from each one of these in tbs
next ten days would materially
tighten the burden and it would be
a very small amount for you to pay.
Do it now. Don't wait. If YOU
have paid this does not mean YOU
This is a personal appeal to those
in arrears to pay up. We need IT.
Everybody has made good crop and
money is plentiful and business good
Then why put off paying for yow
paper.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
Fines RENTED.

Messrs Sam Hill, J. L. Stroud, w.
H. Hill. Isaac Stroud, J. L. Jones, and
C. H. Sims, the young men Of the
Mollohon mill who were fired upon
on Thanksgiving day by the two ne
groes. Pope Reeder and Arthur Wig
gins, were fined, as has been previous
" stated, by the mayor. For the
reason that these young men only
shot in self defense, the fines, which
the mayor was compelled under the
law to impose, were afterwards re-
mitted. This action of Acting Mayor
Smith thoroughly relieves the young
men of all culpability or blame IN the
affair.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
American Navy.
Cleveland Leader.

Cleveland Leader.
In 1908, under the present and Or
dered schedule of increment to ou
navy. the United States will have IN
being vessels that would form fleet
of 26 battleships, II armored cru1s-
ers. rs protected cruisers and 7 mon
itors. It will be observed that this
takes no account Of the second and
third class and unprotected cruisers,
torpedo boats and torpedo-boat de-
strovers, the colliers, supply ships,
hospital ships, repair and training
ships, of which there is to be no lack,
since the money has already been ap-
propriated to add materially to Our
already large fleet Of subsidiary YES
sells.
The United States navy today has
265 vessels that if war was declared
could be put into service. This IN
cludes 13 battleships, 7 afmored
cruisers, 18 protected cruisers, II
large gun boats, 16 torpedo-boat de-
stroyers, 80 steel torpedo boatc. :
submarine torpedo boats, 7 monitors
y light cruisers, 50 gunboats OF light
draft and one ram for harbor &C.
fense. We are particularly weak IN
ar,nored cruisers, the New York and
Brooklyn being the only ones in COM
mission, but this lack will be made
up in a measure next year, when 5
of the 10 now under construction Will
90 into service. Our feet in 1905
will comprise u battleships, 7 ar
nored cruisers and II protected
cruisers, and it goes without saying
that no navy in the world can sho"
better examples of offensive and de-
iens;ve art and artihce than the ships
bearing the flag of the United
States.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
SUNDAY SCHOOL WORK.
Addresses in Central Methodist
Methodist Church This Afternoon
And Tonight BY Mr.. w. c.
Pearce. ..

W. c. Pearce, teacher and training
secretary OF the International Sun
day school work will speak in Central
Methodist church this afternoon at
4 clock on the topic:
Approved Workmen; How Secur-
ed" At night at 7:3o o'clock the
topic: The Teachers Training" All
pastors and Sunday school workers
are cordially invited and urged to at
tend these meetings.
Mr.. Pearce is a speaker of no little
attainment. and is creating fine i'm
preston wherever he appears. The
Greenville Daily News, of Wednes-
day, contains the following account
of one of his addresses delivered in
Greenville:
For more than an hour w. c. Pearce
the secretary Of the international
Sunday School association, held the
close attention OF his hearers at the
First Presbyterian church last even
ing. He spoke in a general way on
the subject of Sunday schools, con-
fning his suggestions principally to
organization, and secondly, to
methods.
He emphasized the utmost impor-
tance of thorough organization
throughout the Sunday school course,
just as in any other work. Nothing
could be satisfactorily accomplished
without this, he said, and when once
secured, organization went a long
way toward insuring success.
Mr.. Pearce's talk on methods was
particularly interesting and instruc-
tive. He showed himself to be en-
tirelv familiar with the different lines
of work, and many Of his views were
original.
At the earnest request Of Super
intendent Hughes and several others
interested in Sunday school work,
Mr.. Pearce consented to deliver an
other address this afternoon at 1890
o'clock in the assembly hall Of the
Central graded school. The young
women from the two colleges are in
vitcd. as we'll as all others who are
interested in Sunday school work. 1t
must be borne in mind that the In
ternational Sunday School associa-
ton seeks to promote the teaching OF
Christianity, regardless Of any par
ticular sect.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
Married..

Mr.. Ounce Williams and Miss
Leila Fulmer, both of West End,
were married, on Sunday afternoon,
by the Rev. J. H. Graves, pastor OF
the O'Neill Street Methodist church.
On last night the many friends Of
the happy couple turned out in full
force and gave them an old-fashioned
serenade. The mill village was the
loudest place in this section of the
county while the serenaders were get
ting in their work
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
County Home For the Poor.

The county board, at its last reg
-u1ar meeting, reelected Mr.. Jno. A.
Suber to the position Of superlnten-
dent OF the county home for the poor,
q position which he has most salts
factorily filled for the past several
wears. A gentleman of Newberry re-
Gently paid visit to the home and
came back much impressed with
the en1ir entity proper condition
in which it was kept
The building is clean, we'll heated
and ventilated, everything is neat and
clean, and the best Of order prevails.
institutions of this kind often cause
nc little trouble to the counties
wherein they are established, because
Of conditions directly opposite to
those which make the Newberry
county home credit to the
county, and for this the county
board is to be congratulated.
The county home is not altogether
-self-supporting, but the farm goes a
long way toward paying the expenses
and the regular county funds which
are required to supplement this are
sever excessively large.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
Negro Died of His Wound.

Coroner F. Marion Lindsay was
notified last night that Will Hill, COL
ored, who was shot in the head by
Bennett Amick, white man, near the
plantation of Nh. Godfrey Harmon,
in No. !. township, some time ago,
had died yesterday afternoon. 1t
had been thought that the negro
would recover. The circumstances
OF the shooting have already been
published in The Herald and News.
The inquest will be held by Coroner
Lindsay this morning.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-12-02
Acting Mayor.

A regular meeting OF the town
council was held on Wednesday
night. DR.. P. G. Ellison had sent
in his resignation as member Of
the board of health, and this resigna-
ton was accepted. DR.. Van Smith
was elected acting mayor of Newber-
ry. until the next action of the coun-
ell.