davidaulloa/AmericanStories huggingface dataset:
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-24
NEWS
Demurrer Filed By the Santa Fe Railroad
Company to Suit Of Coal Company
Overruled

Fireman Mckenzie has a thirty
days leave of absence and mas left
Las Vegas To visit with relatives In
the east.
After visiting the railway hopsitals
OF New Mexico. DR.. ] p. Raster, the
chief surgeon OF the Santa Fee, has re-
turned to Topeka.
Engine Inspector +. NJ. Angel OF
the Santa Fe shops was given the
second degree In the local Odd Eel.
low lodge last night.
M. Henry. employed by the Santa
Fe railroad, suffered a partial fracture
OF the left lower end Of the radius In
an accident Friday at Gallup.
A. Barmann, superintendent Of the
water service on the Santa Fe Pacific,
"a In albuquerque Sunday from his
headquarters In Los Angeles.
Freights coming In from the north
this morning were coated with sleet
and covered with snow. There was a
regular blizzard In the vicinity Of
Ration.
There were six extra firemen and
four extra engineers .or duty this
morning, although there is still the
usually large number of names on the
extra board.
The Transcontinental Passenger as
ISOLATION will meet at Los Angeles on
January 10. The association embraces
all of the general passenger agents
Of all lines west of Chicago.
+. ]. Valentine has been appointed
as travelling auditor on the northern
division of the Santa Fee to succeed
o. c. Van Zandt, who was recently
made travelling accountant.
Angelo de Tullio, who was struck
by an engine at the Tijeras venue
crossing at Albuquerque, a short time
ago, Is up and around again. He had
a narrow escape from a tragic death.
Things have been very quiet in the
Santa Fee yards here for some time
and 1t Is remarkable how long a
time 1t has been since there has been
an accident of any kind in the yards
or shops.
Engineers Langston and Hanson
and Firemen Hightower and Knouse,
deadheaded to Albuquerque yesterday
and will return with engines S12 and
912, which have been in the shops
there for some time.
Charles Smith, Santa Fee engineer
running out Of Argentine. left for his
home Sunday after a brief visit al
Albuquerque. Smith brought out an
oil burner for service on the coast
lines. The engine was put into COM
mission at Albuquerque.
A number of Japs have been in Gal.
lup the last few DAYS. They were in
the employ of the Santa Fe road, but
they quit. as they did not care 10 go
any farther east. and were dissatis-
fed to think they had been brought
that far from Los Angeles.
Engineer Milroy, who has been
seriously i'll for the past four months.
has reported for duty. He formerly
had one of the eight hundreds, which
were taken off this division and he is
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-24

The Sunday time table Is the same
as the above with the addition Of a
l:40 and 800 o'clock car going, and
a 1925 and 3:45 a returning which
gives a 40-minute Service after 100
o'clock.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-24

Judge Ira A, Abbott has announced
his decision on the demurrer OF the
Atchison, Topeka 4 Santa Fe rail.
way company and the Colorado Fuel
and Iron company, to the suit filed by
the Caledonian Coal company of Gal
iup, IN which the coal company seeks
to secure damages to the amount OF
100000 for injury suffered az a re-
suit OF alleged discrimination In rates
by the railway company In favor OF
the Colorado Fuel and Iron company.
The court 0verrules the demurrer.
This means that the famous damage
suit must so to trial. The defendant
companies are given twenty days In
which to file their answer to the com.
plant, and the trial Of the Ease Is ex-
pected to come up before many weeks.
The case was investigated by the In.
terstate commerce commission and
las attained a national> reputation as
the famous Santa Fe rebate case.
Attorney Neil b. Field OF Albuquer.
cue appears as counsel for the Gale
CONAN Coal company. Attorney w.
b. Childers. associated with the reg.
ular legal staff of the Colorado Fuel
and Iron company, will represent the
company, and Gardiner I.athrop. gen.
eral solicitor OF the San,a Fe railway,
VIII conduct the railroads side Of the
case.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-24

To Cure . Cold In One Day.
Take Laxative Bromo Quinine Tab
let's. All druggists refund the money
II It fails to cure. r. w. Groves Gig
nature Is on each box. 2bc.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-24
SCHEDULE 70 CANYON.

The Street Railway company has
established the following as the per-
manent schedule to Galllnas canyon
and return. =.
Week day time table, car No. l02.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-24
Fireman Dies From Burns.

Fred Bridgeford. fireman on the
Southwestern engine which was
wrecked by a boiler explosion near
A%lamogordo Friday morning, died
Saturday as the result of the injuries
which he sustained. He died at the
company hospital at )Alamogordo.
where he was taken soon after the ac-
cident.
Bridgeford received the most SER
ious injuries Of the four men who
were hurt. He was badly burned and
scalded and little hope was entertain
ed Of saving his life.
D. H. L%onergan. the engineer, who
was seriously burned, is expected to
recover.
The other two men, Brakeman Nc
Kenzie and the Mexican who was rid.
ing IN the coal car, are both doing
well, and are expected to be able tc
leave the hospital oon
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-24

now awaiting a new engine, Mr., Mil
roy's many friends are glad to see
him back again In the service.
One OF the engineers on the Santa
Fe turned up this morning to make
his run and found on opening his
locker, that II had been rifled and he
had no gloves, cap, overalls or any
OF his working outfit, lie was forced
to make the trip In the rain and snow
In his ordinary clothes and the blue
profanity around that engine made
the fireman's hair curl, 1t would
not be healthy for the man who Dor
rowed the clothes to have them iden-
titled on his person.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-24
New System For Claims.

The Santa Fe has In effect on it's
lines a system of freight claims
which Freight Auditor Healy thinks
is far superior to that of any other
road.
With the new system all general
agents of the company are supplied
with a fund of several thousand dol
lars from which they make prompt
payment of all claims of over-charges
presented by shippers. A system OF
checking the claims before they are
paid excludes all possibility OF loss by
the company and does away with the
formality of business methods gener-
ally regarded as red tape.
RAILROAD NOTES.
Fireman Glen is on the sick list.
Work engine S22 is in the hole to-
day for a few minor repairs.
Local Machinist l.. p. King is slight.
1y disfigured but still in the ring.
There were two sections of No. 2
today on account of the heavy pas
senger traffic.
New-York tribune., 1905-01-17
THE DIPLOMATIC CORPS.
[FRoM TIE rRIRuNE RuREAu.I

IFROM THE TRIBUNE BUREAUI
Washington, Jan. 16.-Countess CassIni had a
company of girl friends with her at luncheon to-
day Among them were Miss Pauline Morton Miss
Isabel May. Miss Marion oliver, Miss Ethel De
Hoven, Miss Zaidee Cobb Miss Diane Morgan Hiu
Miss Zaidee Gan. Miss Ames. Of Boston: Miss
Coudert. Miss Mabel Merriam. Senorita Walker
Martinez Mile. des Portes de la Fosse Miss Alex
ander Miss Robson and Miss La Borgeoise.
The italian Ambassador and Baroness Mayor des
Planches gave a luncheon to-day in compliment to
NJ. Funck- -Brentano. OF France. who is making
short visit TO Washington and who gave a lecture
at the White House Saturday night The company
included the French Ambassador and Nine. Jus
serand. the Minister from Spain; Mr.. and Mrs.
George Cabot Lodge. John Lodge. the Counsellor
of the French Embassy and Nine. des Portes de la
Fosse the Misses de Loebel. of Paris; Miss Gvynne
Leroy White and the members of the embassy staff
This evening a reception was held at the Italian
Embassy In honor of NJ, Funck-Brentano- The
Ambassador and Baroness des Planches were as
sisted in receiving by the Misses De LOebel, who
spending the winter the embassy.
The French Ambassador and Nine Jusserand
were hosts at dinner tonight given in COM
pllment II. Funck-Brentano. The additional
guests were the Italian Ambassador and
Baroness Mayor des Planches the Attorney
General. Associate Justice and Mrs. White, Senator
and Mrs. Lodge the Assistant Secretary OF State
and Mrs. Loomis, Mrs. Cowles, Mr. and Mrs
Thomas Nelson Page. Mrs. Hohson, Mrs. Merrill.
Mr.. and Mrs. George W Vanderbilt Of New-York;
Assistant Attorney General Russell. Henry James.
L. E Baldwin and Captain FOurnier and Prince
de Bearn. of the embassy staff
At the dinner given last night by Stantslas
Gutowski, OF the Russian Embassy. in honor of the
Netherlands Minister and Nine van Swtnderen. the
other guests were the Russian Ambassador and
Countess Marguerite Cassni. the Italian Ambas-
sauor and Baroness Mayor deS Planches, the Danish
Minister Mrs. Henry May, the Counsellor of the
French Embassy and Nine. des Portes de la Fosse
and Miss Edith WetmoFe.
New-York tribune., 1905-01-17

its free currents than any State could do by
tariff duties.
The Supreme Court in 1877. in the Pensacola
Telegraph Company case laid down this rule:
The powers of Congress are not confined TO the
'instrumentalities of commerce known or in
'use when the Constitution was adopted, but
keep pace with the progress Of the country.
Accordingly at that time it held telegraph lines
exempt from State control, though obviously the
notion of a telegraph line never dawned on the
Constitutional Convention. II now Mr.. futile
is going back TO eighteenth century conceptions,
he must give over to local spoliation the tele-
graph companies, he must let the agrarians or
Socialists who can gain control of a particular
State work their will the railroads without
federal interference based on the Interstate
commerce provisions of the Constitution. If
Congress is literally and exactly to restrict
itself to the control of commerce considered
necessary at the beginning, it viii only prevent
the imposition of tariffs at State boundaries anu
relegate the modern instTumentalltles oil inter-
state commerce to the tender mercles OF the
States Responsibility implies power. and, if
Mr.. Tuttle denies power TO the national govern
ment, he cannot, of course, invoke IT'S protectlon
AS early as 1924 Chief Justice Marshall, in the
case of Gibbons VS. Ogden, gave vitality to the
interstate commerce clause of the Constitution
when he reversed Chancellor kents decision
holding that Gibbons could not navigate the
Hudson River under Il coastlng trade license be-
cause of the monopoly OF steamboat Navigation
in New-York waters given by the State to Rob
ert Fulton and acquired by Ogden FROM that
time on federal authority has been construed
as adeQ tte TO the control of interstate com
merce in all its changing forms. Mr.. Tuttle
will have TO make a long journey backward TO
reach his ideal of federal impotence, and as
he traverses the way he will find the railroad
corporations asking the liberal Interpretation of
federal power TO protect them from local wrong
as often as he will find private persons invok-
ing it against railroad abuses. If his rule Of
law prevailed. the corporations would fall the
victims of commercial anarchy.
New-York tribune., 1905-01-17
MORE LIGHT ON PORT ABTBUR.

Strange tales come from Port Arthur Core
spondents have entered the place with the vic
tor1ous japanese army for the first time since
the siege began. They give a very different
story from all that we have heard hitherto
Ihey say that the surrender evidently was not
necessary. The new town had been little dam
aged The supply of ammunition was not ex-
hausted. Food was scarce, but not so scarce
that private supplies had been requisitioned A
part of the fortress was capable Of defence for
months longer. Above all, there were still
$1,000 effective troops, whose officers or som,h
or them, were desirous Of still holding out The
inttnation, indeed the direct statement, is that
General Stoessel caused a needless surrender
against the opposition of his officers. That Is a
strange story TO be told of a man whom the
world has been applauding as a hero who
yielded only TO sternest necessity
Whichever view OF General Stoessel and his
surrender may be correct the earlier or this
later one, enough is certainly known to demon.
strate the awful cost OF Port Arthur To Russia
We are told that Of the Russian garrison no
fewer than $4,000 men remain as prisoners
while from 10000 TO 1900 were killed-maItng
total more than twice great as the highest
estimates hitherto made Of the garrison THE
japanese have captured there $40 guns and vast
stores Of ammuntion-despite the renorted de-
pletion of the Russian stores Moreover tho
whole Russian feet, excepting a few cruisers
and torpedo boats. is lost Those Items form an
appalling total to be paid for the defence and
capture of Port Arthur
Nevertheless, 1T may be that # was worth
while for Russia to suffer that loss for the sale
OF what she gained or avoided losing else
where. III we consider that General StoesseI's
duty and object were to detnin General Nogis
army in the south, and thus deprive Marshal
oyama OF It's AID, we must see how great SER
vice he rendered by his stubborn defence. Had
Nogfs 100000 men been free to Join Oyama at
Liao-Yang Kuropatkin would probably have
New-York tribune., 1905-01-17
SUBWAY IMPROVEMENTS.

An extension of the subway service this week
to Fulton-st should afford perceptible relief to
the recent dangerous pressure at the bridge
station. All of the Lenox-ave expresses will
run below the Postoffice hereafter where
as between and 10 o'clock in the morning
the Broadway expresses viii adhere to the
usage already established. Southbound passen-
gers will thus be discharged at two different
terminals instead of at one. A similar separa-
ton OF embarking patrons will occur between
and In the afternoon. The change will pro-
mote the convenience and safety OF those who
are in the habit of using the subway regularly
during rush hours
Another needed Improvement was effected yes
terday. Two cars were added to the Broadway
expresses, which have hitherto been much too
short. No doubt it will still be necessary for
many of the passengers to stand at the time
when the traffic is heaviest, but they win at
least be able TO raise their hands 80 as to grasp
New-York tribune., 1905-01-17
COMMISSIONER WILLIAMS.

The retirement of Mr.. William Williams, Com
missioner of immigration at this port, is a cause
for sincere regret. He has discharged the duties
Of an extremely eXacting Office with unwearied
industry and excellent judgment. The Presi-
dents letter accepting the resignation which
Mr. Williams could not be persuaded longer to
withhold is far from being merely perfume
tory expression of official courtesy, as all who
know Mr. Williams and what he has accom-
piished are aware Undoubtedly the work has
interested him deeply, for otherwise he could
not have done it so well; but nevertheless, it is
a fact that he has made large sacrifices in serv-
ing the country for nearly three years, seven
days In the week, with only now and then a
few hours of relaxation, at a salary which, in
his case is an unimportant consideration.
The President truly says that Mr. Williams
has set a standard which. it viii be hard to
equal; but he is leaving to another an easier
task than he undertook and the public may rea-
sonably expect that Mr.. Watchorn, his sue
cessor will make q similar record of devotion
and efficiency
New-York tribune., 1905-01-17
THE DdNGER OF FIRE.

That was a most deplorabe disaster in pri
vate house in Harlem on Sunday morning. The
lives of a successful lawyer, his wife, two young
children and a servant girl fell prey to the
flames. Their fate was such TO make peO-
pie who live in an average residence of no spe-
Cial size and with unusual precautions
against destruction by fire naturally nervous.
The combustion within gave no warning ON the
outside until the chance Of escape was destroyed
for every occupant of the house. There was
policeman on the beat, the house was not in
remote part of the city, it was certain that the
flames would be discovered before the building
was wiped out, but yet the smoke and fire were
left to work their destruction.
The fire recalls the disaster to the Windsor
Hotel. Then the flames started while the st.
,atrick's Day parade was going on in the i'm
y ediate neighborhOOd, and did not cease until
the property was practically ruined The hotel
was wreck when the engines ceased their
work; and yet the cOnf1agration started in broad
daylight, at a time when it should have been
overcome at the earliest alarm. And the num-
Der OF fire engines that could be summoned
speedily was by no means small. Most Ameri-
can cities are in constant peril.
New-York tribune., 1905-01-17
RAILROADS AND STRICT CONSTRUCTION

RAILROADS AND STRICT CONSTRUCTION.
We dearly love to see a railroad president tax
ing refuge in the views Of the fathers against
threats Of legal restraint upon corporations. and
President Tuttle Of the Boston and Maine Rail
road furnishes no exception to the rule. Any
body who thinks he has got free from the an
nOyance Of law, only 10 find that laws grow and
catch up with him, almost always discovers that
the law, by process Of degeneration and usur-
patton, has been perverted 10 uses undreamed of
by an earlier and better generation. So with
President Tuttle He opposes rate regulation
by the federal government Consequently In
an address on Sunday he took high constitu-
rional grounds against the prevailing conception
of federal powers interstate commerce.
his remarks are thus reported in the dis
patches:
He did not think # had been or could be
shown that the makers Of the Constitution ever
had any other thing in mind in connection with
the delegation 10 Congress Of the power to reg
fllate interstate commercial relations than a
well defined intent forever TO prevent the erec
tion by any State OF eny customs, tariffs or
other barriers that should be an obstruction TO
the free currents Of commerce.
Now, there is doubtless something in that, but
are We TO understand Mr. Tuttle as wishing 10
limit the power Of the national government
with reference TO commerce 10 those activities
which were conceived OF as necessary in 1887?
standing I'm the United States courts to protest
against any State oppression which does not
take the form of q tariff or other barrier such
as be describes? II we are going back to prlm-
tive times TO free the railroads from federal
control, we must go back there also to deprive
them OF federal protection. When the Consti.
tuition was formed the steam railroad had not
been dreamed OF. Interstate commerce was car
T1ed on In small sailing vessels and road
wagons. Anybody who wanted to engage in IL
could do 90 freely. The road was there and
the naVlgabIe water was there and a cart or
boat could be easily had. No carter or skipper
could hold two States at his mercy OF fix OF
hand the conditions governing their commercial
growth. The railroad has changed all this 1t
is a natural monopoly. With il the incidents
OF interstate commerce known to the founders
OF the nation disappeared. The dangers to the
free current Of commerce foreseen by them be-
came OF no importance, but new dangers arose
Of which they had no vision because the instru-
rnents Of those particular evils had not then
been invented. They did not know that by re-
bates drawbacks and secret understandings the
railroads having the m2aopoly OF interstate
commerce could more effeesaally interfere with
New-York tribune., 1905-01-17

AT THE WHITE HOUSE.
IrnoM THE TRIBUNE BuREAU.l


Washington, Jan. 16-President RooseVeN re-
ceived call to-day from committee represent
ing the Chamber OF Commerce of Boston "hich
recently passed resolutions tndorsing his stand on
the arbitration treaties. The committeeman. y. T.
Cobb William A. Lincoln and A. H. Hardy leit d
handsomely engrossed set Of resolutions on the
Presidents desk.
The President announced to-day to Representa-
tive Underwood. of Alabama. that he had decided
to appoint ]. Rivers Carter postmaster al bil-
mingham. Mr.. Carter Democrat untii 1870
is a civil engineer by profession and a graduate
OF the University OF Pennsylvania
Among the callers at the White House were
George L. Wise. Of Wheeling, W. Va, and j. h
Richardson of Alma Kan. who brought TO Wash
ington the electoral votes of their States; Repre-
sentative vespasian Warner. who IS to become
Pension Commissioner on March T. who came to
thank the President for his appointment. and Rep
resentative Daniels OF California. who Introduces
y. H. Heber, OF the California Development Com
pany. Mr.. Heber's concern owns large trriga-
ton plant WHICH he desires TO sell TO the govern
Meut.
New-York tribune., 1905-01-17
NOTES OF SOCIETY IN WASHINGTON.

lERoM THE TRIBUNE BUREAUl
Washington. Jan. Ex-senator and Mrs. Fair
banks entertained Postmaster General and Mrs
Wynne REPRESENTATIVE and Mrs. Hull. Representa-
tive and Mrs Overstreet. Representative and Mrs
DAYTON Representative c. B. Landis Representa-
tive Foss, Mr.. and Mrs Mchener, Mr. and Mrs
Scott c. Bone, Colonel and Mrs. NJ. NJ. Parker,
Mr. and Mrs Bernard r Green, Miss Elizabeth
Kean and Mrs. Timmous ct dinner this evening
Major and Mrs. Burr gave dinner this evening
at the Washington Barracks for Lieutenant Gen
eral ard Mrs. Chaffse. The other guests were
General and Mrs. John A. Johnson. Colonel ard
Mrs. Sharpe. Captain and Mrs. Walker. Miss
Hitchcock aud Colonel John Biddle.
The wives Of the members of the Supreme Court
received this afternoon, and Mrs. Dewey vile Of
the admiral of the navy. also home TO
a large number Of callers
Mr.. and Mrs. Il. H. Warner entertained lin
ner company Of twenty-four this evening in honor
OF the Spea kcr of the House and Miss Cannon.
New-York tribune., 1905-01-17
NEW-YORK DAILY TRIBUNE TUESDAY. JANUARY II. 1905

been completely crushed or captured, instead of
being able to retire i'll good order to Moukfen
If Stoessel thus saved Kuropatkin from desttuc-
tion he did a great deed for Russia, which was
amply worth doing. From that point of view
Russia may regard the cost of Port Arthur
well expended, and the explanation of what we
are now told was a needless surrender may
be that as kuropatkin had been saved and had
got into a secure position, where not even Nogi's
reinforcemcEts could menace him, there was no
need of any further sacrifice at Port Arthur.
The purpose of the defence had been accom-
plished, and it was thought we'll to avoid fur
theT loss by anticipating the inevitable
There has, nevertheless, been undoubted loss
TO Russia in prestige. At the beginning of the
war her attitude toward Japan was one OF
mingled irritation, amusement and contempt at
the presumption Of so insignificant foe in vent
urlng to oppose the will Of the Northern Colos-
sus That attitude is now altogether changed.
Russians now speak of their formidable and ter
rlDle foe. and are inclined to ask credit for not
having Jared worse than they have in a conflict
in which the odds were so heavily against them
beaten Oh the sea, beaten in an open campaign
upon the land, Russia is now beaten in the de-
renee OF her own chosen stronghold. 1t is an
astounding change of situation for those who
SO confidently looked for RussiaS speedy sue
cess We shall scarcely make an exception of
France in 1S70-'11 in saying that not in our
time has any great power suffered q greater
loss in war in shorter time than has Russia in
her self-provoked conflict with Japan. We shall
see If she is able TO regain her prestige through
further prosecution of the war.