davidaulloa/AmericanStories huggingface dataset:
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-05-08

of such regulation, to prescribe the
maximum rates which they may
charge in the future for II services
which they shall render 70 these who
resort to them. and that the power
is vested in, and may be exercised
by, the legislative branch of the Gov
eminent.
The foregoing cases dealing with
the right of State legislatures l estab
lish a rate-making commission, The
clear analogy in this respect between
their authority and that of Congress,
and the case Of the Interstate Com
merce Commission VS.. Cincinnati, New
Orleans & Texas oaeiic Railway Co.
(supra), establish beyond GU':nt the
right of Congress to confer upon an
administrative body the power 10 fix
and determine maximum railway rate
which shall control in the future, by
the execution in detail of a general
rule enacted into law, as, for example.
that the rates shall he Just, reasonable
and without discrimination.
But it does not follow that Con
gress al the right to confer the rate
making power upon a court. A body
exercising the admin ST -ltive power
which 1 have described might
be denominated loosely a court. and
the law would not be held unconsti-
name of the administrative body
which it created if care were, taken
to exclude from it's functions the
powers which are describeS properly
as judicial. In the discus sion which TO-
lows. however. l shall use the word
court" as describing 4 Jodv exercis-
ing the judicial power of the United
States.
/ set for myself the task of consid-
ering whether Congress may confer
con%stitutionally upon a court of the
United States, either by way of orr
ginal or appellate juris I;ctiol, ~
power to fix and determine railway
rates for the future.
1t appears, perhaps, with sufficient
clearness from the cases | have al
ready cited that rate-making is purely
a legislative function, il the perform
ance of which the legislative body
may avail itself of the aid of an ad-
ministrative body for the execution in
detail of general rules which have
been enacted into law. This is only
another form of saying that the rae
making power is not a judicial func,
ton. 1t, however, may not be inap-
propriate to secure the further sup
port which may be obtained ior this
proposition from the declarations
which have been made in the opin-
ions of the Supreme Court.
Assuming, then, that the rate-mak-
ing power is a legislative function and
a judicial function, it follows nee
essarily that, under our scheme of
government. Congress has not the
right to vest it in the courts either
by comforting original or appellate
jurisdiction ove the subject. Under
the Constitution the separation of the
executive and judicial
power is complete, with some excep-
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-05-08

We have three residence lots with
houses on them. We will sell the lots
n throw in" the houses. or will
sell the houses and throw in" lots,
as you like. At n rate the price of
either gets both.-Carlton Bros, Room
II. Oklahoma Block. 41tf.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-05-08

All advertisements to insure Inser-
tIon In the same days issue OF The
Record should be In the printers
hands before eleven o'clock In the
morning. Orders for taking out
standing ad. should also be in the Of
flee by eleven o'clock to prevent its
being run that day.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-05-08

We have some choice building lots
in one of Roswen's best residence sec
tons at very reasonable prices. Terms
$1,000 down and $1,000 per month
until paid for.-Carlton Bros. Room
IL, Oklahoma Block.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-05-08

DR.. l. E. Magnenat left Sunday for
his home in Amarillo.
The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-05-08

THE RECORD is THE OFFICIAL
PAPER OF THE COUNTY OF
cHAvEs AND THE CITY OF
ROSWELL.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
THE STATE RESTS ITS CASE. 4
Counsel for Williams Argue That He
Was Insane.
lRy the Associated Press. }

Pensacola, Fla, Aug. 16.-The ex-
animation of witnesses in the case OF
William F. Williams, charged with the
killing of ohm White and Edward G..
Dansby was coptinued today and dur
ing the session about fifteen witnesses
were examined. The State concluded
its testimony this afternoon shortly
after court had convened for the al
ternoon session. and with the excep-
ton of some rebuttal testimony no
more witnesses will be introduced for
the prosecution.
The principal witness of the day was
T.. B. Bruce, who sold the revolver to
Williams. Witness said Williams had
secured the revolver some weeks prior,
but had returned it, saying that the
party for whim it was bought had de-
clined to accept it. On the day of
the killing, however, he returned and
said that he would take the revolver
The witnesses for the defense did not
testify to any material facts. The
counsel endeavored during the after
noon to prove that Williams was in
sane ut the time he did the shooting.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
LUMfNA is the talk OF the Stat,
SMYSER GOADS TAGGART.
The Latter Trcmbles With Passion, But
is Quieted by the Judge.
(By tho Associated Press. }


Wooster O., Aug. 16.-The sensa-
ton of the week in the Taggart tria.
was started by Judge Smyser today,
when he attempted to follow up the di-
rect charge Of grating brought by him
against Captain Taggart.
From whom did you receive that
silver service in Manila when in charge
of the transport Relief" demanded
Smyser.
From the Farnum Boyd Shipbuild-
ing Company" said Taggart.
WAS there not a racket In Manila
just before you left ?"
Taggart was not given an opportun-
ity to reply.
THAT man is manufacturing sensa-
tions,' shouted Attorney Sterling,
counsel for Taggart, pointing at Judge
Smyser.
Here Taggart broke in, trembling
with passion:
IF there is anything rejecting on
my character as an officer OF the ar
my. / want it known, and probed," he
criedA
Judge Eason claimed the witness
and forbade the continuance of this
line of questioning.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
Excursion Rates to the Pacific Coast.

The Seaboard Air Line announces
that on account of Lewis and Clark
Centennial Exposition and other oc-
casions to be held on the Pacific Coast,
season 1905, they will sell round trip
tickets from principal points at the
following rates to Portland. Oregon.
and return, going via any regular d.
rect route and returning via that or
any other regular direct route. $7i.oo;
going via San Francisco and Los An
geles, $3.50. These tickets will be
sold practically every day until Sep
TENDER Goth and bear final return
limit Of ninety days from date of sale.
and will permit of stop-over at and
west of Colorado common points.
Cheyenne, Trinidad, Fort Worth. San
Antonio and west Of st. Paul and
Chicago.
For further information as to
schedules and rates to the Lewis and
Clark Exposition. apply to agents. or
G. III. GATTIS,
T. p. A.. RalesGA. N. q
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
SUNK IN LAKE ST. CLAIR.
Fate of the United States Lake Sur
vey Boat Hancock.
(By the Associated Press.)

Detroit, Mich, Aug. 16.-The Unit
ed States Lake survey boat Hancock,
was sunk in Lake ST. Clair today about
two mics north of the Crosse Pointe
lightship. No lives were lost. E. 5.
Wheeler, assistant chief United States
District Engineer, was on board the
Hancock, making soundings for the
proposed 25 feet channel. The Han
cock was crossing the channel when
the package freighter Binghampton.
Of Buffalo, bound up, struck her bow
and damaged the Hancock SO serl-
ously that she sank in two minutes.
The officers and crew escaped in life
boats. The Hancock is 100 feet long
and is twelve years old. She will
probably be raised. The Captain
Charles L. Wilson of Detroit who was
in command of the Hancock said that
he had exchanged port signals with
the Binghampton.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18

Russian troops or railroad guards is
given up and it's protection will be-
come the duty of China.
Pressure on Japan.
There were persistent rumors about
the hotel late tonight that several
powers, including the Washington gov
eminent, are bringing pressure to
bear upon Japan to forego "the cost
of the war; and content herself with
such other compensation as she can
secure out of the railroad, the Rus
sian property in Port Arthur and
Dalny, and the cost of the mainten-
ance Of Russian prisoners in Japan,
this only on the theory that Russia
will eventually agree to cede Sakalin,
which is now potentially conquered
territory. This is undoubtedly the
line of ultimate compromise, if COM
promise there is to be.
The Associated Press can state au-
thoritatively that neither the question
of making Vladivostock an "open
port" or the Amur River an interna-
tional waterway as some papers have
stated is included IN the Japanese
terms, which, as developments have
demonstrated were given correctly by
the Associated Press the day they were
submitted by Japan. Japan will make
Stin tight for the possession of the
interned Russian warships.
Mr.. Dennison, the American legal
adviser of the Japanese mission, spent
most of the day in his office looking
up the precedents on the subject.
Japan is exceedingly anxious to OBJ
tain these ships and in her argument
will quote several international prece-
dents in support of her demand. One
reason why the Japanese are so in
sistent upon this article is because OF
their intention not to apply the in
demnity, in case one shall be obtained.
to the increase of the navy. The in
demnity will be used first in paying
off financial obligations incurred dur
ing the war, granting of pensions and
development of the Japanese educa-
tional system. To replace the losses
to the fleet, incurred IN the war and
to maintain the fleet up to standard
of strength and efficiency sufficient to
defend her interests, Japan needs ad-
ditiOnal battleshfps and cruisers. If
she obtains all of the Russian ships
now informed in neutral hartDrs and
succeeds in raising a number of those
sunk in battle. she will be saved the
necessity for the present at least, of
a large naval budget for new construc-
ton. The London government is
strongly in favor Of insistence upon
this article, and Japan seems to have
set her heart upon the surrender of
the ships by Russia.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
A DOZEN CRUSHED
.FIattened Under Tons of
Fallen Rock.
Six Others Were Injured, Only Nine
Of the Twenty-Seven Men in
the Quarry Escaping
Unhurt.
(By the Associated Press

Allentown, Pa, August ia mass
tons, slid from a side or the quarry of
mill A of the Lehigh Portland Ce-
ment Company at Ormrod at noon to-
day just five minutes before time to
quit work. Twenty-seven men We're
at work in the quarry which is a
thousand feet long, 80 feet across
and one hundred feet deep. The
heavy rains of the past two days had
softened the earth and caused the
slide of rock. Where the fallen mass
slipped away a smooth, nearly per-
pendicular wall was left. rising sheer
one hundred feet above the bottom
of the quarry, while the entire quarry
floor was covered with broken. Jagged
rock. Only nine OF the men got away
safely, four of whom escaped by run
ming up on mass Of rock at the oppo-
iste side of the quarry. The remain
ing eighteen We're huddled in a space
ten feet square, and twelve of them
were killed and six injured. Two OF
the latter may die. All of the men
are Slavonians who lived in shanties
close to the quarry.
Two men who saw the side of the
quarry culver shouted a warning to
the men. The men misinterpreted the
call ana 1dlle0 TO move out OF the
zone of danger until it was too late.
With thunderous roar the mountain
of rock fell, pinning the men fast.
The rescuers found six men huddled
in one place, four standing and two
lying down. Three were alive and one
died before he could be gotten out.
Five physicians were summoned who
gave the injured first aid on the scene
and then had them hurried in wagons
to the Allentown Hospital. The dead
were laid on boards and carried to
the stock house. Eight bodies were
recovered before dark, at which time
two more were exposed to view and
two others buried deep in the pit. The
latter's bodies may not be reached
until tomorrow.
Most Of the men killed Or injured
are single. Others had families in
the old country. a number OF wo-
men from the foreign colony ran to
the quarry when the news of the acct
dent reached them and their moaning
and anguish was pitiable.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
Woods. who was holding the steering
wheel, was hurled beneath the ma

Woods. who was holding the steering
wheel, was hurled beneath the ma
chine.
AS the machine upset, the gasoline
exploded and set fire to the car. me
flames spread rapidly over the COM
bustible parts of the automobile and
seriously burned Dr. Woods before
hep arrived.
The accident happened almost d.
rectly in front of the house of Charles
Fredericks, of Haverford, whose
daughter, Miss Eleanor Fredericks,
heard the noise OF the explosion and
the cries of the unfortunate men. she
ran from the house, and, helping Dr.
Woods from under the machine, threw
over him a rug to extinguishe the
flames that were burning his clothing
The doctor and his friends, who was
badly bruised were taken to the house
Of Samuel Williams. DR.. Woods
wounds were roughly dressed, after
which he was removed to hospital.
1t will probably be several weeks be-
fore he has thoroughly recovered.
DR.. Woods hands and arms were
severely burned. His left side and left
leg are also in very painful condi-
ton.
Miss Eleanor Fredericks, who res
cued DR.. Woods from being fatally
burned, was much overcome by the
accident, and is still in very nervous
state.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
FOR NEGRO UPLET.
Their National Business
League in Session.
Letter from President Roosevelt. Judge
Terrill Points Out a Serious Con-
dition in Number Of Negro
ldlers.
(By the Associated Press. }

New York, Aug. 1.-two hundred
colored business men opened the sixth
annual session of the National Negro
Business League in this city today.
The object of the league is to bring
together the negroes who are engaged
! in business for themselves for mutual
help and support. Booker T. Wash
ington has been the president of the
league since it's inception. A letter
from President Roosevelt to Secretary
Emmett ]. Scott was read. The
letter follows:
"Oyster Bay, N. Y, Aug. IL, 1905.
my Dear Mr.. Scott wish all
success to the Negro Business League.
Your organiZa ton is absolutely out
of politics, and in stimulating activity
among your people and working to in
crease their cheney in the indus
trial world it is also doing far reach
ing work in the way of giving them
a realizing sense of their response
bilities as citizens and power to meet
these responsibilities. I need hardly
say that put moral betterment above
physical betterment. But it is abso-
lutely impossible to do good work In
promoting the spiritual Improvement
of any race unless there is fOunda-
ton of material well being. because
this foundation necessarily implies
that the race has developed the root
qualities of thrift, energy and bust
ness sense. 1t is as true of a race as
Of an idividual, but while outsiders
can help to a certain degree. yet the
real help, must come in the shape of
self help.
1.-The success of your organization
q al
ored fellow citizens of the very quail
ties for which you stand, will mean
more for the solution of the race prob
lem than any philanthropic efforts
merely from outside could possibly do.
wishing you all success, am sin
cerely yours,
THEODORE ROOSEVELT
Mr. Emmett j. Scott, correspond
ing secretary, National Negro Bust
ness League. New York, N. Y"
AT the afternoon session Oswald G.
Willard. of New York, spoke on the
topic 1.-THE Negro Servant
Judge Terrill, of the District of Co
lumbia, discussing the same question,
said that Of a colored population of
$4,000 i'm the city of Washington to-
day there were $4,000 idlers who did
no work at all. Speaking of his ex-
perience from the bench he said:
CoiOred men ana girls are con-
tinually coming before me with COM
plants against their mistresses In
three cases out of five / have found
it was the servants who were at fault.
When l was a boy there were no white
servants in Washington, while now at
least half are white, because they do
the work better. The most serious
phase of the question Is that it Is al
most impossible to get colored people
to work for colored people,
Mrs. Booker T. Washington advo-
Gated public school courses in cooking
for the negro.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
Sunday Excursions to Morehcad City
and Beaufort " la Atlantic and
North Carolina Railroad.

Commencing Sunday, August 9Th.
1905, the Atlantic and North Carolina
railroad will not honor Sunday ex-
cursion tickets sold at the reduced
rate. on any trains except train No. 1,
leaving Goldsboro on Sunday at z a.
m, and on train No. 2. returning
leaving Morehead City at $3.50 p. M.
the same day, w ithout extra charge.
Passengers presenting these tickets
for passage on othr Sunday trains will
be charged twenty-five (25) cents ex-
ira by the conductor. This additional
fare will also be charged passengers
who board trains other than trains
Nos. / a nd on Sundays at stations
where there are no agents.
r. e. L. BUNCH,
Traffic Manager.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
HANGED BY ARMED MOB.
The Negro Henry Young Who Killed
Edward Perry.
CIV the Associated Press

Memphis. Tenn. Aug. ia Conn
mercial-Appeal special from Lake
COrmorant. Miss, says that Henry
Young, the negro who sot AMI killed
Edward E. Perry on the Bass planta-
ton, near Lake Cormorant last Sun
day, was taken from Sheriff Withers
and deputy tonight and at the scene
of mis- crime hanged by an armed mob.
The negro confessed his gull, but
pleaded that he did no intend to kill
Perry, a pistol for the possession Of
which they were cOnt.an,iing, he said,
having exploded The mob numbered
about one hundred.
Young was captured this morning
while fording a river to reach his ia
theirs cabin on an island. Sheriff
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18

Withers, who, with a posse nf forty
men had been securing the country for
the negro, was notified IF the capture
and took possession OF the prisoner.
fastening with the negro to the town
of Trenton, where he purposei taking
train for HOrnando, the county site.
the sheriff was confrontel ut the sta
ton - the mob and b>'enre he could
make an effort at resistance was CVer-
powered and his prisoner taken from
him. The mob then proceeded TO the
Bass plantation with Young AMI hang
ed him to a tree.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
TORPEDO BOATS LEAVE.
After Firing for a Time On Point La
ZarevO.
(Rv the Associated Press. }

ST. Petersburg. Aug. 16.-General
Linevitch telegraphing under date of
August IA, says that the firing of tor
pedo boats of Vice Admiral Kataoka' S
squadron near Point LaZarevo in the
Tartary Straits ceased on the morning
Of August 10, when the vessels with
drew.
The commander-in-chief reports
that part of the Russian force in Ko-
rea occupied the village of Kopungsan,
after a fight. He also reports a num-
Der of small skirmishes in Korea, III
which the Russians were successful. in
some instances capturing arms and
ammunition.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
THREE MEN ARE KILLED.
Baltimore and Ohio Train Crashes
Into Trolley Car.
(By the Associated Press.)

Cincinnati, Ohio, Aug. 16.-Three
men were killed and ten were injured
tonight when a fast through express
from New York to Cincinnati on the
Baltimore and Ohio southwestern,
crashed into a Winton Place trolley
car in Winton Place, a suburb. All
the killed lived in Winton Place.
According to some witnesses of the
wreck John Driscoll, gate tender, had
let the gates down, to allow freight
train to pass. The locomotive of the
freight emitted heavy clouds of
smoke, preventing the tender from
seeing the passenger train beal ing
down at nigh speed and he raised the
gates, 1t is said. The locomotive
struck the back part of the street car,
and it was tossed to pieces in all di-
rectiOnS.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
LUNtINA-Briglit and Gay, light as
day. Come and stay-WrigltsyilIe.
SUPPRESS THE BOYCOTT.
Chinese Foreign Board Order This
Fearing Financial Trouble.
(By the Associated Press

Wy tIIG ASSUCIdtEU TTtSS. J
Shanghai, Aug. 1.-THE Chinese
Foreign Board has ordered Chou Flu.
the viceroy of Marking, to make every
effort to suppress the boycott which
has now been extended to English
goods, imported, it is supposed, by an
American firm
Chinese merchants have asked the
general Chamber of Commerce to as
sist them to suppress the movement,
fearing that serious financial trouble
will result.
Much of the trade of Shanghai is al
ready being transferred to Tien Tsin,
where General Yuan Shi Kai, viceroy
Of Pechili has prohibited the boycott
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
BOY AT THE THROTTLE.
Nine Year-OId Has Exciting Sport
With Locomotive.
New York Tribune :.

(NeW 1UFK IrIUunn
Marquette, Mich, August Is
While the engineer and fireman of a
locomotive went to dinner - Chan
ming, John Dombrowski, a nine-year-
old boy, climbed into the cab of the
engine and, Selling the lever, pulled
the throttle wide open.
The locomotive started down the
track at a forty-mile gait. The boy
then reversed the lever, but did not
shut off the steam, and the engine
rushed back and crashed into the ca
boose. Throwing the lever over again,
the juvenile pilot once more started
the engine ahead, running it through
two twitches and off the track.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
(By the Associated Press. }

Wy
Austin, Texas. Aug. 16.-At the re-
quest of DR.. Tabor. the State Health
Officer. Governor Lanham issued today
a quarantine proclamation to the peo-
pie of Texas. In it the governor urges
perfect sanitation throughout the State.
and declares quarantine against
Louisiana, owing to the continued
spread of yellow fever out OF the city
of New Orleans.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-18
RUSSIAN ATTACK AND REPULsE
In This Affair the Japanese Lost On
and the MuscOvites Thirty-fve.
(By the Associated Press.)

(By the Associated Press.)
Toxic, Aug. 16.-"Early on August
IA, in the direction of Chang Tu a Rus
sian force consisting of a battalion of
infantry, two sections of cavalry, eight
field guns and six machine guns, at
tackled our position at Erhshiplipa,
eight miles north of Chang Tu, but
was Immediately repulsed. Our cas-
ualties amounted to one and the RUS
slams lost thirty-fiye. simultaneously
three companies of infantry and two
squadrOns of cavalry attacked us eight
miles northwest of Chang Tu. This at
tack was repulsed and at 2:30 O'Clock
the Russians reiterated northward,
leaving ten dead.
1.-THE Russians also made a small at
tack on Wei Huan PaOten, which was
repulsed."