davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1905-10-05
DENSON REPLIES
 TO SENATOR MORGAN
Thinks Power to Regulate Common Carrier Does Not Belong
 to State.

Col. W. H. Denson, the well-known DIT
 mingham lawyer, replies to Senator MOT
 gan on the question of legislative control
 of railroad rate making in the following letter
 To the Editor of The Age-Herald: read with great interest the letter or Senator Morgan to Governor Jelks, which
 appeared in your paper of September Zh
 I have the profoundest respect and ad- miration for that venerable and noble i man. senator and lawyer. His opinions
 on any question are entitled to the high-
 est respect and thorough consideration by all people.
 In his zeal to be right he insists the governor should call a special session or the legislature to give instructions 10 the representation of Alabama in congress
 as to what position they should take on the proposition of regulating by Congress the rates of freight to be charged by railroads engaged in interstate com
 merce. One sentence in the senator letter reads as follows: The power 10 regulate railroads as common carriers De- longs to the states that create then
 whether they engage in local or inter- state commerce"
 Taking this sentence in the broad mean
 ing that naturally, and according to the canons of interpretation that legitimately guide and control in ascertaining the meaning of words and construction or language. it manifestIy appears that only
 the state that creates the railroad cor
 poration can regulate it as common carrier and looking at the matter from the language and the standpoint Of the senator he uses the word regulate as applying to the business of transporting freight and passengers, whether that bus mess be state or interstate commerce.
 Writing as to the power of Congress to regulate and fix the rates of railroads as common carriers of interstate com merce, the senator employs this language: Unless Alabama has by some convulsive act, surrendered or abandoned these rights to Congress" (right to regulate rates that railroads shall charge their patrons to transport in erstate com merce) "I am bound in duty to oppose any act of Congress that looks to the assertion of them. Every bill yet pro- posed in Congress, and all the proceedings of the interstate commerce commission, assume the existence of the power in Congress to regulate the freight rates of all railroads that transport commerce whose destination is to state or country foreign to the state in which 1t origina- ted Of course, l expect to try to limit this alleged or assumed Jurisdiction of Congress to the states, if any that have surrendered the control of their railroads to other state, eff such thing could be done) or to Congress"
 Analyzing this statement of the senator, in view of the powers granted to Con- gress by the express language of the constitution the acts of Congress and the decisions of the supreme court of the United States. interpreting and constru- ing these powers and acts, I must re- spectfully dissent from his opinion and statement as sound constitutional law.
 The question as to granting power by the constitution to the Congress ito reg ulate commerce among the sev-
The Birmingham age-herald., 1905-10-05

of all state authority" Gloucester Fer ry Company vs. Pennsylvania IA U. s. Kansas City Railroad vs. Flpper, 13S AL abama 499.
 ''The very object of railroads in engag- ing in the carrying business is to receive pay for it. If the regulation of the trans portaton belongs to the power of Con- gress to regulate commerce. the regulation of fares and freight receivable for such transportation must equally belong to that power: and any burdens imposed by the state on such receipts must be in comlict with 1t. To apply the language of Chief Justice Marshall fares and freights for transportation in carrying in-
 I don't suppose after such declarations ingredients of that commerce as trans portation itself. Philadelphia and Sou thern Mail Steamship Co. vs. Pennsyl- vania, 122 U. s. 326.
 1 don't suppose after such declations from the United States supreme court any one would doubt the power in Con- gress to fix the fares and rates to be
The Birmingham age-herald., 1905-10-05

charged by railroads, or any other com mon carrier engaged in transporting in- ter-state commerce.
 The people are not excited on this question, but are up in arms. and Will re- main so until relieved by legislative ac- ton, as to regulation of the fares and rates applicable to transportation begin ming and ending within the state.
 The states have no power to fix rates on interstate transportation, and the people almost unanimously desire Con gress to enact such law, but the state has plenary power to fix rates for her in- ternal commerce.
 There Is no necessity for special ses- sion of the legislature to act on this or any other question. The expense of such a project Is not approved or desired by the masses, and then the people desire legis- lature fresh from their body, construed by them at the ballot box to adjust this all important question. Perhaps the legisla-
The Birmingham age-herald., 1905-10-05
COLOR TONE OF CITIES
 HAS MANY VARIATIONS

where ties are most used, are more at tractive to the eye of the artist as well as of the traveller than the newer quar- ters. All the Mediterranean countries employ stucco freely, and it is suscepti- ble to more brilliant color treatment than wood or brick or stone. In those lands of fervid sunshine the tendency is to use soft cream tints for walls, and so a Med- iterranean city Is tawny in perspective With the passing of the chocola te- tinted brownstone, the prevailing rue of New York Is also tending toward cream; there Is no bituminous coal smoke to mask the delicate charm of that shade
 There may be other more beautiful cities than Moscow. but none perhaps that can equal 1t in it's color scheme as seen at a distance fro mthe heights of the Kremlin. The traveller beholds a vast expanse of gardens that remind him of 'Lalah Rookh," of the Arabian Nights" of every stored scene of eastern enchantment Out of the deep green wilderness arise the domes and spires of countless churches blue crim- and yellow. There is much of the crude and the garish in the details of Moscow coloring. but in the far prospect the beauty of the scheme is overwhel- ming.
The Birmingham age-herald., 1905-10-05
.HAr Joy ThEYBR1NG
 ToFyERY HoME

heafhand health which they indulge the outdoor life they should be wholesome should How ender their health should be preserved but careful avoidance medicine nu objectionable and remedial agent required assist known excellence which and wholesome and truly beneficial effect like the pleasant laxative remedy manufactured California rigs well informed families knowledge
 physicians generally We inform all Figs obtained original plants benfay and wholesome Californian blue figs therefore remedy and hence well informed physicians who patent ndscrminate self medication
 children always full of the Company-Can Fig Syrup plainly printed Fifty having printed fail
 
 beneficial for the parents and the children a laxative remedy required
The Birmingham age-herald., 1905-10-05

ture will not be organized as now If ths people are permitted to pass on the ques- ton of a new legislature.
 read MT. Olney's letter. It has the ins fallible evidences of the paid attorney writing brief for his client who has bad case. It states no facts, but all his sayings are predicated upon bald asser- ton and one cannot but observe 1t is puerile and this is caused by his great age. It will have no effect.
 W. H. DENSON. Birmingham, October B. 1905.
The Birmingham age-herald., 1905-10-05

MT. John Cooke from now on will repr ,sent The Age Herald as special Agent. Any business given us through him will be appreciated
 AGE HERALD,
 Circulating Department.
The Birmingham age-herald., 1905-10-05

Come see mo at new Eagle Saloon 1909 Second Ave.
 c. A. Dorsey.
The Birmingham age-herald., 1905-10-05

kLoTZ q GOLDMAN, C.othiers, Merchant Tailors and Fur.
 nishers,
 1911 First Avenue. LovEMAN, JOSEPH & LOEB, Department Store, Nineteenth Street and Third Avenue, FERb MARK STORE, Dry Goods, Notions, Etc., 1920 Second Avenue. JOHN w. o'NElLL, croekery Store and Tinware. 2o20 End Ave-, and 2o21 3rd Ave.
The Birmingham age-herald., 1905-10-05

FEEDER q BERk,
 Ladies' Outfitters, 1908 Second Avenue. JESSE FRENCH PIANO CO.,, Pianos and Organs, 2o18 Second Avenue. HiRSCH MILLINERY CO, Wholesale and Retail Millinery, 1912 Second Avenue. HOOD & WHEELER, Furniture and Carpets, 2o12-4 Third Avenue. JoeE-RosE JEWELRY CO.,,
 Jewellers, 1f7 North Nineteenth Street.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03
Adams.

Mr.. and Mrs. E. E. Hales spent
several days at the Walla Walla
county fair.
Mr.. aud Mrs. Matt Defining return
ed Saturday evening from an extend
ed visit with friends at Astoria.
Mrs. M. G. Mcintyre went to Walla
Walla Sunday morning for medical
treatment. She is suffering from an
attack of appendicitis.
Dan g., Alex and Misses Agnes and
Ruth Mckenzie are taking in the
sights at the Portland fair this week.
They will probably visit the coast
before returning home.
Mr.. and Mrs. T. @. Ried started
Monday for their homestead near
Cambridge, Idaho. They expect to
be gone about four weeks, when they
will return here and remain until
spring.
7. D. Ferguson, an old time "Ad-
ans boy now farming near Leland,
Idaho, arrived on the late train
Saturday evening and spent Sunday
with relatives in this vicinity. He
seems well pleased with his present
home and thinks that the Clearwater
country has a fortune ahead OF it.
He says that be doesn't care to return
to Umatilla county and grow wheat,
that he would rather raise peaches and
watermelons.
S. A. Pennick left Wednesday after
noon for Cambridge, Idaho, to begin
actual settlement on his ranch As
the Lewis and Clark exposition has
been crowding the passenger trains.
Arlie decided that he would go by
freight. so be chartered box car and
shipped himself, incidentally taking
alcng his household goods and some
livestock. John Mcconnell accom-
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03
RAMMER gALXE

the nsost llssli--- 7e1xs u thc HTefif.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03

NJ. W. smith Agent.
Athenss
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03
Peterson & Peterson,
Attorneys for Plaintiffs.
Summons,


In the Justice Court, Athena District,
Umatilla county, state of Oregon.
g. A. Barrett & Co.
a corporation, Plain Civil action for
tiff, VS.. the recovery of
fendant.
To w. L. E. Pason, the above named
defendant:
In the name of the State of Oregon,
you are hereby required to appear in
the above entitled court and cause on
or before the 23rd day of October,
1905, and answer or otherwise plead
to the complaint of the plaintiff filed
against you therein.
And you will take notice that if you
fail to appear and answer or otherwise
to the said complaint within said time,
judgment for want thereof will be en-
tered against you for the relief de-
manded in the said complaint, viz. :
For the sum of Fifty Dollars $500 in
the first cause of the action; Ten
Dollars and Fifteen cents ($10. 15) in
the second cause of action, and for
plaintiffs costs and disbursements in
this action.
The date of this first publication of
this summons is, by order, the 8th
day of September, 1905, and the date
of the last publication will be on the
goth day Of October, 1905, published
consecutively for six weeks in the
Athena Press. Dated this 4th day Of
September, 1905.
o. G. Chamberlain,
Justice of the Peace.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03
A HARD ROW

And long pull describes the pathway
of woman afflicted with female weak
ness unless she Il under the care of
doctor who has had successful experience
In the treatment Of such cases or else has
found the right remedy which can be
safely used independently of the doctor.
Forty years ago. DIR. r. W Pierce found
that women were being grossly mall
treated-mainly through Ignorance and
carclessness, and he determined TO devote
himself to study and research till he
found the real cause Of their suffering
and proper remedy for 1t.
He found II, and dug from Natures
Laboratory. the earth, Natures remedies
for woman's weaknesses and ailments.
He found In Lady's Slipper root, Black
COhOsh root. nicOrn root, Blue COh0Sh
root and Golden Seal root. the required
ingredients.
The remedial virtues Of these he ex-
tracted combined and preserved by his
own peculiar non-alc0h0lic. giyeeric pro-
ccsses, and the compound Is now known
the world over, as DIR. PIerce's FavOrite
Prescription.
~Thc wearing Of coTsets too tight seemed
to have brought ON an abdominal pressure.
weakening the llgamcnts and resulting in
displacement. which troubled me until was
not lit TO walk, and at times could hardly
stand writes Mrs. Beyerly SItgreaves. Of ia
Fulton S.. san Francisco. Cal. "A nelghbor
advised me 10 try Dr. PIerce's Favorite Pre-
scriptIOn. before the first bottle was used
| felt much better. Improvement went
steadily on. and within foEir months was
am now perfectly well and strung. ard ex--
trenieIy grateful to y0u for your blessed
remedy-s bo0n to sick women
A0reat Doctor Book Free. Send q one
cent stamps to DR. r. Y. Pierce, Buffalo,
NY. to cover mailing and he will send
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03

In the Justice Court, Athena District,
Umatilla county. state of Oregon.
g. A. Barrett & Co.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03
WESTON AND ADAMS
LOCAL NEWS ITEMS FROM OUR
SISTER TOWNS
Incidents, Events and Personal Men
tion Found In the Leader
and Advance.
Weston.
(Leader. J

Alvah Leach, an old time Weston
boy, who is now Kerr Giiford's general
agent for the the Northwest, was a
visitor in Weston Friday from Walla
Walla.
Mr.. Joe L. Creighton and Miss Alice
Taylor were united in marriage Tues
day, September 26, 1905, at 5 D. m.
at the residence of the BRIDES mother
near Weston.
At Cashatt's sanitarium Tuesday
morning, Ed Wood sustained an oper-
alton performed by Drs. Cashatt and
Todd. The patient rallied quickly
from its effects and has since been
gaining rapidly in health.
Miss Cora Dawson and Floyd Nc
Kinnon have matriculated at Pendle-
on business college. which is grow
ing and popular institution. Several
other Weston students contemplate en-
rolling. among them Miss Rosa Wad-
bingham and Mr.. Ernest Guessaz
Mr.. George Ritchie was here for sew
eral days last week, representing the
college.
The loss of the normal is partially
atoned for by fourishing public
school and high school. At least the
Yamhill county fanatics cannot abol-
ish these, although the normal's emp
ty buildings, once crowded with stud
ents from every part of Eastern Oregon
stands monuments to their meddle-
some cussedness.
M. J. Mcdaniel & Sons have finished
a long harvest in the Eureka Flat
country, housing their machines last
Saturday. Their own crop amounted
to $4,000 sacks, which means a few
golden twenties when they conclude
to turn it loose. Harvest has been
greatly delayed on the Flat, many
horses having been knocked out this
year by disease, and it will be several
weeks yet before every body is through.
w. E. King still has 400 acres in the
stack.
Lee Cauthorn has sold his residence
property to f. M. Bryant, who
owns the adjoining house. Mr.. Cauth-
orn and family will move back to
the states in November, locating
in Jewell county, Kansas, where he
will follow farming. This is his
fourth season at the brickyard, and
he has acquired fondness for Wes-
ton, disliking to leave, but has too
good chance offered in Kansas to
turn down. For its part, Weston will
say good bye to Mr.. Cauthorn and his
family with much regret.
The residence of Dave Rob erts was
entered and robbed a few m ornings
ago in broad daylight. Mr.. Roberts
is employed at the brickyard, and Mrs.
Roberts was temporarily absent from
the house when the sneak thief tran
sacted his nefarious business. He took
$500 from a bureau drawer, but left
two watches, three rings and As cents
in money. One of the watches is a
valuable gold encased time piece, but
the rascal evidently thought it wiser
TO take nothing that might lead to his
detection. Mr.. Roberts is so grateful
at saving his watch that be will pre-
sent the thief with the 40 cents--and
a pair of bracelets-if he will kindly
call again when somebody is at
home.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03

of Athena, Umatiila County, State
of Oregon.
81. 0. Worthington
and g. M. Thomp-
son, partners, as Civil action for
Worthington & the recovery of
Thompson, plain Money.
tlffs, vs..
Charles Thompson,
Defendant.
To Charles Thompson, the above
named defendant:
In the name of the State of Oregon
you are hereby notified, commanded
and required to appear before the nm
dersigned justice of the peace at his
Office in Athena, Umatilla county,
Oregon, on or before six weeks from
the date Of the first publication of this
summons, which said first date is
October Sd. A. D., 1905, and answer
the complaint of the plaintiffs fled in
said court against you; and you will
take notice that unless you SO appear
and answer or otherwise plead to said
complaint within said time you will
suffer Judgment taken against you for
the sum of $51.00, and for the cost s
and disbursements in this action; you
will also take notice that personal
property purporting to belong TO you
has been attached and proceedings by
attachment ard garnishment issued
out of this court against your said
property.
This summons is published by order
of this court duly made this Sd day of
October, 1905, and will appear in the
AthenaPress once week for period
of six weeks. the first publication ap-
pearing as above and the last one on
November IA, 1905.
Dated this Sd day of October, A. d.
1905. o. g. Chamberlain,
Justice of the Peace.
Peterson & Peterson,
Attorneys for Plaintiffs.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03

Fast Mail for PEN
ldletOn, LaGrande,
Baker city, and all
points east via Hun
tingt0n, Ore, Also
lfOrUmatilla, Hepp-
lner, The Dailes,
Portland, Astoria,
Willamette Valley
Points, california,
Tacoma. Seattle, AL
Sound Points.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03
Fnr saIa

The desirable piece of real estate
on Main street known as the Garden
property is now offered for sale. For
price. apply to Charles Norris, Ath-
ena, Oregon. If
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03

Mixed train wallal
1906 p. m. walla and interme.
diate points.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03
Summons.

In the Justice Court for the District
of Athena, Umatiila County, State
Of Oregon.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03

panied him and win try and findTa
vacant piece of land for his own use
and benefit.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03

Mixed, for Pendle-
l2:N pm ton and intermedi-
late points.
The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-10-03

Walla walla, Day
ton, PomerGy, Lew.
g.l2 n m. iston, Colfax, Pull
man, Moscow, the
Couer d'Alene dis
trict, Spokane and
all points north.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1905-10-06
SCREAMERSVILLE

Screamersvile, Oct. 4.-E d. Frank
Morrow precaheu at BrImer's Academy
Sunday
Rufus Foster, of Dry Greek, las
moved here to reside.
If nothing slips will have wedding
to report Sbout ohe first big frost.
We are soon TO have another store in
our city, established by j. A. Overstrees
Sorghum making IS the order of the
day
Chas. Foster, of Dry Greek, has moved
in our little town.
Mrs. Katie Foster is able to be out
again after a severe illness
We are informed that Mr.. Jno. Spen.
Ger, Jr., will open up a store soon in
Screamersville.
Mrs. Margaret Spencer is some better
at this writing.
J. g. Prentice, of Flag Springs, is re-
covering from spell OF fever.
Clarence Wick, of Giles county, was
visiting relatives here last week.
Mrs ID, Webb is some better at this
writing
Col. Dave McMurray, of Ettaton, has
gone on visit to relatives 10 Gilee coun-
ty. SLY Coon.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1905-10-06
LANTON

Lanton. October 5-Mr. Anderson
| Blackburn Is right sick.
! Alr. Robert McUomIc. who has been
IN very feeble health for some time, is
very low and there is very little hope
of his recovery.
Mis-. Harry Gilbert was quite sick
last week.
Mrs. Lizzie Shirley, of Brownsville
and Mrs. Dot Ketcnnm. of Colum bia,
are with their father, Mr.. McComic.
Miss Cleave Harmon was visiting in
Columbia few days ago.
Mr.. and Mrs g. W. Blal spent last
Sunday with Mr.. Will BlacKb burn and
family.
DR. and Mrs. j. l. Overton were
visiting relatives last week at Theta.
Me ssrs. Felix Hays and Ed Hunter
are attending school at Branham and
Hughes.
A dog supposed to be mad, came
through the neighborhoOd a week ago
and bit several cows and hogs. Last
Sunday three cows belonging to MI.
Elbert AIsup began to &C: very
strangely and they supposed them to
have hyuraphobia. One of the cows
died that night.
MIS-. Mary Kerr and daughter, Miss
Agnes, spent several days last week
at Port Royal, the guests of Mrs.
KeIr's brother.
James DeIryberry, OF Lasea. was
here last Sunday.
Nh, Andrew Hays, OF Marshall
county, was visiting his brother at
this place. last week.
Miss Lizzie Fitzgerald is visiting
her brother at Theta.
Mr.. and Mrs. Leroy Collins, of near
Spiing Hill. visited Mr.. ana Mrs. Will
Blackburn last week.
Mrs. Green and daughter, Miss Jen-
ME. of Nashville, are the guests of
Mrs Lige Allen.
Messrs. K. L. Hays, G W. Blair, j.
q. Jones, Frank Green and Misses Lora
and Della Hays, Susie and Lille Blair
went 10 Boles last Thursday night to
hear Brother Northcross.
Bro. S AN Sewell will preach at this
place next Sunday. RAVEN LOCKS.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1905-10-06
WATER VALLEY

Water Valley, Oct 4.-Ou noxt Sun
day m rning at IL clock at Alexander,
Brother B,ackwood Will be with his
congregation for the last time before
Conference. At Goshen, in the after
noon, he will also hold service.
Mr.. Thos. Hogan, of Broadview, was
visiting relatives in our village recently
Miss Brownie Ashwo.th, of Goshen
is sick with fever
Mr.. j. Park Johnson, who has been
confined to his bed for the past ten days,
is still quite sick.
Mrs. Hattie Ladd is not so we'll as
usual.
Mrs. James Blackburn is still quite
sick at her home near Goshen.
Mr.. and Mrs. Clar ence Sowell, Broad
view, are visiting relatives near here.
Mrs Fleming. of Bethel, was the
guest OF relatives on our creek the latter
part of last week.
Mr.. h. D. Blackburn has had wei
bort d in his yard and one at his barn.
Born, to Mr.. and Mrs. 1hos. Harris, a
son. OREsTRA.