davidaulloa/AmericanStories huggingface dataset:
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1905-05-27


Justice Peckham says "This is not
a question of substituting the iudg-
ment of the court for that of the leg.
islature." But that is the very thing
he does. He then proceeds to discuss
the question of whether the trade of a
baker is an unhealthy one to q degree
which would authorize a Legislature to
limit the hours of labor for that rea-
son. The legislature said it was, and
limited the hours for that reason to
ten a day, just as the Utah legislature
decided that mines and smelters were
unhealthy places to labor in, and lin
tied the hours to eight day. The ma
jority decide that the trade of a baker
is not so unhealthy as to permit the
legisl to act.
Did not the court substitute it's judg.
ment on that point for the Judgment
of the legislature? The same court
held the judgment of the legislature to
be good as to miners. That the trade
Of baker is not as healthy as that
of miner, is common knowledge. The
healthy, robust miner is a Sandow
compared with the ordinary cadaver-
GUS looking baker The miner some
times INDUCES in red liquor, but think
some bakers. The court says in sub
stance: as that law within the police
power of the state? And further says
that question must be answered by
the court"
1t is within the police power of the
state if the trade is an unhealthful
one, and as to that the legislature is a
much better judge than the court.
.Iugtjpa HO1mpc in bic 1iccpntiDe-
opinion, agrees with our views here ex-
pressed and says: ut is settled by
various decision of this court that state
constitutions and state laws may regu-
late life in many ways. Sun.
day laws and usury laws are ancient
examples. A more modern one is the
prohibition of lotteries. The
fourteenth amendment does not enact
Mr.. Herbert Spencer's social status.
The other day we sustained the Mas
sachusetts vaccination laws
United States and state statutes and
decisions cutting down the liberty to
contract by way of combinations are
familiar to this court Two
years ago we upheld the prohibition of
sales of stock on margins, or for fu-
ture delivery, in the constitution of
California. The decision sus-
tanning the eight hours law for miners
is still recent. | think the
word liberty, in the fourteenth
amendment, is perverted when it Is
held to prevent the natural outcome of
a dominant opinion"
The judgment of the son of the great
poet and writer, Oliver Wendell
Holmes, seems to be sound. His rea-
soring is clear and to the point.
Justice Harlan in very able dis
renting opinion says: ut is plain that !
this statute New York Ten-hour Law |
was enacted in order to protect the |
physical well-being of those who work |
in bakery and confectionery establish
ments. 1t may be that the statute had |
it's origin, in part, in the belief that
employers and employees in such es-
Establishments were not upon an equal
footing, and that the necessities of the
latter often compelled them to submit
to such exactions as unduly taxed their
strength.
REPUBLICAN.
(To be continued in the next Wednes.
day issue of TRUTH
m
Waterbury evening Democrat., 1905-05-15
HRS B R0PHY'S WILL
Was Approved y Jsd5s Lsxs !!
 Probate Court To.lAy.

The will of the late Margaret Bro phy, who lived on the corner of Pleas ant and Pembert0n streets, was ap- proved by Judge Lowe in probate to- day. Attorney Carmody appeared for the will and Attorney Root against t. It was dated April IA, 1902.
 Some time ago Mrs Brophy willed her property, which consisted at the time of her death of $2,O0O in bank and the house she occupied, which is worth about $2,500, to John and Mar garet Mclaughlin, husband and wife, on condition that they take care of her for the remainder of her life. She was to have the use of one room in the house for herself. This contract she claimed was violated by the McLaugh. lins, whom she thereupon asked to leave the house. They refused and summary process proceedings were in- stituted and the jury decided for the plaintiff. She then changed her will, cutting off the McLaughlins.
 She then made contract with Mrs Margaret Bowen, exnctly like that which the McLaughlins had violated, and, according to the will, therefore, Mrs Bowen is entitled to the estate
 Miss Mary Mccarthy and Constable M. F. Carmody, witnesses to the will, testified that in their opinion when Mrs Brophy made it she was fully com petent to do so. An appeal to the su. perior court has been taken. It is al- legged that Mrs Brophy was under un- due Influence when she made her will.
Waterbury evening Democrat., 1905-05-15
RAID BY STATE POLICE.

Southington, May 15.-As a result of evidence gathered by State Police men Hurley and Joyce, James Me Grath. a farmer, and a woman who gave her name as Annie Pierce. were arrested Saturday upon warrants is- sued by Prosecuting Attorney Frank lin c. Brown at the request of Thom- as F. Egan, superintendent of the state police. who. assisted by Deputy Sheriff James McCabe. made the ar rests last night about 1a o'clock The prisoners will have a hearing in the town court tomorrow morning
 McGrsth came here from Cheshire about six years ago. He formerly lived in Waterbury and his place is on the Mt. Vernon road less than q mile south of Lake Compounce- The interior of the house when opened to the officers showed revolfing dexrad- ing influences. Nine children of from 15 years down were found there with their mother. sleeping under tables and behind the kitchen stove: aDd oue wss cuied up oa the Ter vith . dsg.
Waterbury evening Democrat., 1905-05-15
NUTMEG cRATlNc&
lAts rsstinS Items Boiled Down Ter
 The Benefit of Our Busy Rsadsrs.

John Heating, aged GO, committed suicide by leaping into the Yantic river in Norwich Saturday night.
 George P. Smith, yard master of the Consolidated road, stepped in front of a fast moving train at New London yesterday and his left leg was badly smashed. He was. removed to the Memorial hospital, where the leg was amputated.
 Messrs Hillhouse and Taylor of Will limantic opened their wood working factory Saturday for the purpose of giving people an opportunity to inspect the interior work which they have been building for the trophy room at President Roosevelt's Oyster Bay home.
 Sadie Clark. with the aliases of Sa. die Young and Sadie Perley, was ar. rested in Springfield, Mass, Friday morning for stealing a horse from an Orange, Mass. man. Word was sent to Bristol to have some one sent to Springfield to identify her, if p,a sible as the woman who took B. F. Wight. mans 24-years-old horse a little over two weeks ago. It is said that she is the daughter of a full blooded Indian and is mentally unbalanced She is "A years old.
Waterbury evening Democrat., 1905-05-15
rrsse Dr.s s.1 steel Tr.sss Next.

Probe Dr1g and Steel TRusts Next-
 CHICAGO. May 15.-FoIlowing the present investigation of the packing in- dustrSes by the federal grand jury. sfeps win be taken by the feieraf nu- shorsties to probe the drug and steel hnusn1ss to see if the hfUs 1rUs agS Veuanelng fhs on81nuse hW9
Waterbury evening Democrat., 1905-05-15
THIRD ANNUAL MEET
Foreman of Waterbury Clock e Had
 Danaust Saturday Nidht.

The foremen of the Waterbury Clock Go held their third annual banquet at Blanchard's Saturday night. The guests of honor included Irving H. Chase, Henry L. Wade, w. J. Larkin, J. H. Way, H. s. Chase, F. s. Chase and J. P. Kellogg, each of whom made short addresses MT Larkin acted as toastmaster. The menu card was a representation of the dial of clock. The minute hand was made of the name of Irving H. Chase, the hour hand of H. L. Wade and the second hand of w. J. LArkin. The names of the foremen made the figures on the dial, as follows: One, W. Henderson; two, J. Doherty, Edward Ford; three, w. Chapman, D. Murray, A. Solomon; four, J. Madden, J. Robertson, c. Cleveland, L. Odell; five, George Nah Ter, J. Henderson; six, 0. Rettman, c. T. Beardsley. H. B. Carter; seven, J. Weible, H. Heringer, G. M. Beach, J. Morrison; eight, c. H. Hall, G. NJ. Par sons, H. Lathrop, H. Seymour, F. Net tleton; nine, Edward Shepard, T. Mar tin, D. Beerbaum; ten, R. Dennison, Charles Tyack; eleven, F. R. Afford, P. B. Reeves, George Haskins; twelve, s. Sloan, B. H. Horn, J. Whiting and A. Bavier.
Waterbury evening Democrat., 1905-05-15
IN THE POLICE COURT
Num hsF lreuiAt h for lntoxication
 Since Saturday Was Lares.

Of the large number of cases of in- toxication that were arrested since Sat urday morning only few were heard in the city court today, others having been released by the superintendent of police, Judge Burpee held court. James Curley was found sleeping in the rear of saloon near the Baldwin street bridge early Sunday morning by Officer Dunais Curley had nothing to say for himself and was fined $10 and costs!
 Albert Johnson was anibling ailnless- lv about Waterville when Officer La chance took him in. He was fined $5 and costs.
 Dennis Clifford would take the pledge for the rest of his natural life if the court would only let him go. He was arrested by Officer Lawlor late Saturday night. Only once before had Clifford the misfortune to fall into the hands of the police. A fine of $5 and costs was imposed.
 Last evening about z o'clock Officer Donahue found James Mulligan beg ging near the Waterbury Brass Goods corpofation's shop. He, was charged with intoxication and fined $7 and costs. An old case on which he was on probation was raked up against him and he was given the alternative of paying or going to jail. He took the latter.
 The following cases were settled Frank and Dominica Deblasis, drunk and breach of the peace, $10 each Joseph Majokas, the same. Dominica Riciardi, breach of the peace. $7 Nicholas Cavanaugh was arrested fol breach of the peace, but was let off or his promise to rejoin the army.
Waterbury evening Democrat., 1905-05-15
GOES TO DANBURY
Father Shanlsy of Hartford Who Is
 We'll Kncwn Here.

Hartford, May 15.-Rev Walter J. Shanley, for the past eleven years rec tor of St Joseph's cathedral, has been appointed rector of St Peters church Danbury. The appointment, which was made by Bishop Michael Tierney Saturday night, has been accepted by Father Shanley, who will go to Dan- bury on Thursday of this week to be present at the time of the months mnd for the late pastor, Rev Henry J. Lynch.
 Father Stanley announced his ap- pofntment to his parish yesterday morning at high mass at St Joseph:s cathedral and at the same time said his fareweils.
 Father Shanley has been prominently identified with educational, temper ance and religious organizations and about ten years ago started the cathe- dral lyceum, of which he is to-day spiritual director. He has been much interested in its work during Its exist ence and has made many addresses there. He has also taken much inter- est in the Gaelic league movement and is honorary president of the local sO- ciety, which he has addressed on a number of occasions. He was for two terms president of the Catholic Total Abstinence Union of America and for four terms president of the state or ganization. The national organization | numbers about 0O,OO0 members. There are about 5OOOO in the Catholic Young Mems National Union, of which he is now president. He is also treasurer of the school department of the Catho- lie Education association. He Is an earnest, forcible and eloquent talkcr and has spoken on many occasions and has frequently been heard as an after dinner speaker. He is considered one of the most scholarly men among the Roman Catholic clergy.
 Bishop Tierney has appointed Rev Thomas s. Duggan of St Mary's church, East Hartford, as Father Shanley's successor. He has been pas. tor of that church about two years and before that was assistant rector of the church to which he now returns as rec tor. He is editor of the Catholic Transcript, the official organ of the diocese, and succeeded at St May's {, Rev J. J. Gleeson, who was pastor of the church about nineteen years. Fa- ther Gleeson went to Willimanuc where he is at the present time.
Waterbury evening Democrat., 1905-05-15
BOWEN AND LOOMS TANeLE.
Cabinet Member Suggests Both Be
 Dropped From Service.

Cabinet Member SuEgests Both Be
 Dropped From Service.
 WASHINGTON, May 15.-When the charges reported by Henry W. Bowen. American minister to Venezuela, against the official integrity of Francis B. Loomis, assistant secretary of state, came up in the cabinet meeting one of the members suggested that both min- ister and assistant secretary be drop ped from the public service.
 "The affair has become such that there is no other way to quiet it" this cabinetD officer {sa said hte have re marked. CT h97aliso 9rs iie stduisose
 How President Roosevelt might have regarded it did not develop, for Secre. tary Taft, who is temporarily in charge of affairs of state, expressed the opin. ion that such course would not be fair to either man, since charges had been preferred and had become a mat. ter of public knowledge With that the subject was postponed for the con. ference which Secretary Taft and the president had at the White House.
 MT. Loomis had personal confer ence with the president and handed tc Mir. Roosevelt his formal written an swer to the charges reported by Mir Bowen. This answer is detailed de nial of all the charges and an explana ton of the circumstances surrounding some of them. What he said and what the president said are things concern Ing which no information is obtainable The seal of silence has been set upor the lips of all concerned in this affair.
 MT. Bowen is in Washington and will see Secretary Taft and probably thu president today.
 So far as existing relations witt Venezuela are concerned, diplomacy 1. at dead stop. The Bowen-Loomi! affair has blocked everything in tha direction. Before this matter develop ed President Roosevelt and Secretar! Taft were inclined to intervene to pro tect the rights of the New York ant Bermudez Ashphalt company. The! have not changed their attitude, bu until the Bowen-Loomis affair is closet up there will be no action.
Waterbury evening Democrat., 1905-05-15
FIGHT WITH MoRos.
General Wood Lost Seven Killed and
 Nineteen Wounded at Jolo.

General Wood Lost Seven Killed and
 Nineteen Wounded at Jolo.
 MANILA, May 15.-Fierce fighting has been going on the last two weeks on the island of Jolo between the out. law Moro chief, Pala, with 600 well armed followers, and troops under the personal command of Major General Leonard Wood. Pala's losses thus far are 300 killed. while those of General Wood are seven killed and nineteen wounded. Pala and his remaining fol lowers, in accordance with Moro tra dition, prefer death to capture.
 General Wood. with detachments from the Fourteenth cavalry, the Sev. enteenth. the Twenty-second and the Twenty-third infantry and constabu- lary scouts. has driven Pala and his followers into a swamp. which has been surrounded.
 Pala, a noted slave trader when the Americans took the islands. escaped with his followers. to the island of Pula Sekar. near Borneo. One of Pa. las leaders deserted him and took refuge in the British settlement al Lahad-
 PaIa landed there with a following and demanded that the British magis- trate turn the deserter over to him The demand was not complied with and PaIa ordered a massacre. Twenty five persons. including several Britons were Killed Pala escaped to the island of JOIo and organized the present up rising
 The Borneo authorities requested General Wood to apprehend Pala- dead e alive, and turn him oyer to fhem-
Waterbury evening Democrat., 1905-05-15
BOYS STILL MISSING
Theory that They Were Not Drowned
 But Have Ran Away.

Hartford, May 15.-It has been a week since the three South Windsor boys were drowned from a canoe and though a persistent search has been made for the recovery of the bodies, the searching parties felt obliged to give up in despair last night. The failure has given rise to many rumors and theories, but no one seems to be able to make any suggestions of value.
 Saturday morning dynamiting was begun in the hopes that this would bring the bodies to the surface, and 1t was kept up all day. The only re suit was the killing of fish and many dead fish were afloat in the river yes. terday. Many shad were among the fish killed. Most of the searching has been done in the vicinity of McCabe's boathouse and the Pequot Canoe Clubs house, and the waters between these two points had been so thor oughly explored that the searching par ties are persuaded that the bodies are not there.
 The river has been carefully drag ged as far down as point opposite Station II, where several persons say they saw man drowning on the fata afternoon when the three boys disap peared.
 Fred Newberry, who lives at Sta tion 42. was out shad fishing with { number. of other men Friday and ht pulled in black felt hat, which ht thought he recognized as one thal
 rharlie Pease, one of the drowned boy. wore. He took 1t home and showed 1t to the Pease family and they admitted that 1t was like tho hat that Charlie wore, but they could not positively Identify 1t. Newberry and his companions were fishing above l Station 50, and if this is Pease's hat 1 its presence at point so far nortf is hard to explain.
 The theory has been advanced ant is gaining considerable credence abou the town that the boys are not drown ed but that they have run away. Il this is so some other explanation must be sought for the drowning a Station il, which several persons in sist they were witnesses of the da. the boys disappeared.
 Another theory is that the two old CT boys who had influenced the littl Chappell boy to go with them. saw him drowned and were so frightenet that they ran away. Hardly anyon would be inclined to either theor! were 1t not for the fact that it seem impossible that all three bodies shoul' have drifted further down the rive than has been searched, or that the. all should fail to be recovered.
Waterbury evening Democrat., 1905-05-15
FILTER BEDS NOT A SUCCESS.
Dye Stuff from the Mills is Said tt Have Caused Considerable Trouble.

South Manchester, May 15.-A class in civil engineering at Yale university was preparing to come to Manchester within a few days to inspect the filter beds located in the west part of the town which were built about five years ago to provide for the sewage of the south end. The members will be ad- vised that the system is not success here and will probably not make the trip. -los
 Five years ago Cheney Bros com pleted six filter beds, which were sup posed to be sufficient to take care of all the sewage from the south end, each covering an acre. When the sew age was turned on the bed it was found that one bed would be insufficient to take days supply as was first intend- ed, and six more were built and for a time the system seemed to work. In building the filter beds the engi- neer did not take into consideration the nature of South Manchester's sew age. The greater part, or about 5000 gallons minute, was coming from Cheney Bros mills, and most of this was from the dye house and silk print ing department. The dye stuff soon caused much trouble.
 Under filter bed system the sew age for one day is allowed to empty Into one or more beds and the next day the sewage is turned into another and the bed used the day previous is al- lowed to dry out With the dye stuff instead of being able rake off the beds af tho and of ono or fuo da yc if tak nearly seven. By that time all the other. beds. .Will have been used up. While the system is not complete failure, it Is one as far as the plant ill this place is concerned, and the only way that it can be remedied is to build about as many more beds.
Waterbury evening Democrat., 1905-05-15
JUDGE BISHOP DEAD
Asmbsp of New Haven Cesnty Dor
 Dies After Operation.

Judge James Bishop of the court Of common pleas for New Haven county died Saturday afternoon at Grace hos pital, New Haven, after all illness Of four days. He attended the reception given to Judge Hubbard Tuesday even- ing but complained of feeling III and left eariY. He grew worse and Friday morning was taken to the hospital where an operation for appendicitis was performed. He sank steadily from that time.
 Judge Bishop was born in Westville January 5, 1852, and received his early education there. He then took . course in a business college and at It's close became a clerk in a store in New Haven. He entered the Yale law school in 1872. being graduated two years later and entering the law office of Judge Hobart l.. Hotchkiss of New Haven, a year later becoming the law partner of the late Rufus s. Pickett.
 In 1881 he was appointed assistant clerk of the New Haven city court and clerk in 1883. holding the office for ten years. Tn 1895 he was candidate for fudge of the city court, but was de- feated by Judge Cable. Two years later he was again candidate for the same office and this time was success full. He was judge of the city court until June, 1903, when he was elected to fill the vacancy on the bench of the court of common pleas. caused by the death of Judge Cable. He held this office at the time of his death-
 Judge Bishop was past grand mast. CT of the Independent Order Of Odd
 Fellows, a member of Quinnipiac lodge No. 1, Sassacus Encampment. Oiive branch of the Masons. chairman of the committee on laws of the Workmen's
 Benefit asociation, q member of Israel Putnam lodge, A. O. U. w.. Fratemal Benefit league. Beacon Hill Council, RoraI Arcanum. and of the New Ha- ven Copclaye. |. 0. Fl. He was also q member of the Union league and Young
 Mems Republican club.
 Judge Bishop married In 1Sfo Mise Carrie C. Andrews of WaIlingford, and
 leaves three daughters. the Misses | Frances. CorIieiia and Louise Bishop. The funeraI will be held at his home,
 No 625 George street at o'clock to- morrow afternoon
 The filling the vacancy caused by the death of Judge Bishop falls upon Governor Roberts. The statute speci-
 ally prescribes that:
 ~No person shall be appointed 1uqge of any court of common pleas or dfe. | trict court unless he has been nomi- mated thereto by the governor
 ! It provides also that the nominatiou made f1 the governor shall IIe Ou the table for three days and then eO to tho judiciary comittee without oeoate e be repofted upDa by that ep0m1t1Do
Waterbury evening Democrat., 1905-05-15
AUTO BOATS SUNK.
Race From AlGicrs to TouIon Faded
 In Disaster.

Race From AlGlcrs to Toulon Ended
 In Disaster.
 TOULON. May 15.-The auto boat race from Algiers to Toulon has ended unfortunately, all of the boats partici. pating in the second stage of the run from Port Mahon to this port being either sunk >or disabled, owing to Q heavy storm when still many miles from the finish. Happily the arrange ments for escorting the craft were ef- iciently organized and loss of life was avoided.
 The seven racers left Port Mahon Saturday morning at 4 o'clock for Toulon. A torpedo boat destroyer ac- companied each auto boat, while two cruisers followed.
 The sea was somewhat rough at the start and soon became worse. The competing boats were unable to with stand the violence of the storm and requested the warships to tow them. Shortly afterward the Mercedes c. F. sank, men from the torpedo boat de- stroyer Hallebarde rescuing her crew.
 The cruiser La Hire hoisted the F. |. A. T. and her crew aboard. The Cat mille was abandoned, the destroyer Dard saving her crew. The Heracles II. is adrist, but her crew is on board the destroyer Sarbacane. The Malgre- Tout sank. and her crew was taken on board the destroyer Carabine. The Mercedes-Mercedes had to be abandon ed. the destroyer Pertrusane saving the crew.
 There is no news concerning the Quand- Meme. about which there is considerable anxiety. Her crew con sists of seven men. including the Duke Decaxes. The cruisers Desaix and Kleber are searching for the vessel.
 When the crews were landed at the Toulon quay by the destroyers a great gathering of sympathizers awaited them. the event having attracted sportsmen of many nations to the fin- ishing point. owing to the international character of the original entries. which included French. German. Italian. British and American boats. The lat ter two. however. did not take part in the race. owing to their late arrival