davidaulloa/AmericanStories huggingface dataset:
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1905-04-26
Tuesdays Circuit
Court Proceedings

Tuesday morning at 9 o'clock
court convened, and the case Of
Connolly & johnson VS.. Andy Bru,
ner was submitted to, the jury to
consider their verdict, which was
returned within an hour in favor
of the defendant. The case was
of cons dcrahie interest 10 local
operators and contractors, as 1t eS-
tablished precedent in the risk
and liability assumed upon the
part of the contractor in drilling
well for oil and gas in this terri
tory. According to this decision
the contractor assumes the risk
and liability Of all damages aris-
ING from the contract, in the way
of detective material and machin-
cry.
The case Of George f. Work VS..
John II. Mccoy was dismissed at
the costs of the defendant; also
the case of w. L. Armstrong VS..
John H. Mccoy was dismissed at
the costs Of the costs of the de-
PENDANT. These two cases grew
out Of a publication in the Daily
Oil Review during the last cam
paign.
The cases Of the Hall Brothers
vs.. J. H. .Prngle, w. II. Mccoy,
H. A. Wright and w. H. Burns
were dismissed at the costs Of the
plaintiffs.
Judgment was entered at the
bar Of the court upon an affidavit
in the case of the Farmers & Pro-
ducers' National Bank Of Sisters
vile, VS.. C. G.. Mccormick, for
$121o with interest and costs.
The case of the Leatherbury
Shoe Company VS.. G. E. Pyle was
dismissed.
C. a. Krug VS.. John Shay and
II. McAlullen was by agreement
dismissed.
w. NJ. & j. II. Lazear VS.. Mrs.
Alex Miller, an appeal from JUS
tice was dismissed.
The State of West Virginia VS..
Frank Real was dismissed.
An opinion was handed down in
the chancery cause of Wilcox VS..
Wilcox. This was a suit brought
by the administrator of S. ii. Will
cox, deceased, for a construction
of his last will. 1t was the opln-
ion of the court that the will was
plain upon it's face, ond that all
the heirs-at-law Of S. H. Wilcox,
deceased, were entitled to share
alike in the money derived from
the sale of a certain tract of land,
and inasmuch as the bequest of
800 to the church Of God failed
to designate to whom payable
should be divided among the heirs,
The appointment of L. F. Folger
and H. II. Taught as trustees OF
Smith chapel of the Methodist
Protestant church, was confirmed
by the court, also the appointment
of Berkeley Keller as trustee OF
Pleasant Ridge church Of the
Methodist-Protestant church con-
frmed by the court.
The case Of Woods VS.. Woods
is now on trial before a jury and
will likely consume two days. The
controversy in this suit is the last
will of Woods, which plaintiffs
claim was executed thirteen days
before his death, at which time he
WAS not in sound mind.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1905-04-26
Enther,s ShnrtcnmtnE.

The trouble with father" said the
sllded youth. lis that he has no idP9
III the value # money"
You don't mean TO imply that he /.
a spendthrif,:"
Not 1T all But he puts his none!
away and doesn't appear to hay" any
appreciation of all the things he nigh,
buy with it. "-EXchanSe-
The Editors Fear.
English Magazine Editor-l am
afraid
Assistant Yes?
English Magazine Editor-That we
are not labelling our humorous depart
ment plainly enough. Unless we make
the titles less ambiguous half our read
ers will not knew tbp articles are
Jimmy Baltimore American.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1905-04-26
PROGRESS oF~sIsTERsVILLE

There is not llole
and progressive little city to De
found today in the State OF West
VIRGINIA than sistersville. The
town has abundance of capital
bor business men and banking IN
s+;+,,+ions are financially SOLID.
The city contains numerous MOD 100
orn business blocks and puolc
hr;ld;nes. There are also to be
found here some Of the most beau
+;fn1 residences that are TO De
seen in the great Ohio Valley. Inc
streets and alleys are all paved
with brick, and the city can
boast Of one of the finest water
and electric light systems IN the
country and when it comes to nre
ro+oct;on this town is second 10
ono IN the state. We have five
fine equipped fire companies anu
thew will compare very favorably
with any similar organizations OF
the large cities. Hence, any per-
son seeking a location for home
sistersville can offer as many
practical inducements as could De
desired, Here we have elegant
nublic schools and fine church ed
ifices. Rent is reasonable ana Id
bor is always in demand. Mechan-
les. as we'll as ordinary laborers'
command good wages. we nave
abundance of natural gas for fuel,
a large number of industries and
more in sight, which will be To-
oo+od here at no far distant day.
A large tract Of land in the Su-
burbs of the city was very re-
GENTLY placed on the Market
whore a site for a new home can
ba secured at extremely low hg-
nres. The city is keeping up her
past record this spring in regard
to Improvements. Two new ouSl-
ness blocks are under process OF
erection at the present inc. The
TYLER County Bank has con-
tracted for a fine new building
which will be started in a very
short time, and is to cost, When
completed, the round sum OF $3o,-
600. Numerous new residences
will be erected in the city proper
and subsurbs during the present
summer and approaching fall sea-
SONS. Just now in almost every
mart of the city there are SuhStan-
tial evidences of marked improve
ments and prosperity. Turn which
way you will you will be confront
ed with pile of brick, being con-
structed into a handsome edltice,
or a sidewalk, or a pavement by a
host of artisans. Or the street IS
torn up that sewer pipes or gas
pipes may be safely laid. Or there
are holes endangering the life and
limb of all pedestrians, holes made
for the purpose of charging the
telephone system or the installa'
tion of the electric light plant
Piles of sand, boxes of mortar, I'M
slightly ricks of lumber, disgust
inp fences across the sidewalks
all of these things are so pam
fully in evidence. 1t makes the
town look dirty, and they should
be avoided. When it rains there
is mud, and when it don't ralr
there is dust. Sidewalks SHOULD
be built, but in building there
should not be an Inconvenience tt
one who happens to pass along
These are only lew OF the cause:
of complaint. Was there ever {
town in such a fixq On the othe1
hand, there are those who art
New-York tribune., 1905-01-19
STATE TRE4srRY ACCOUNTS.

The request of ex-State Treasurer Wickser that
a legislative committee be appointed 10 examine
the books in tie Treasurers Office, which he has
Just turned over TO his successor, is one which
should be Needed, though perhaps the investiga-
ton might better be made by some other agency
than q Senate or Assembly committee. We do
not recall whether other retiring State Treas
urers have called for such an examination Of
their books or have been content with the In
spections and receipts of their successors. At
any rate. the thorough. independent review of
the treasury at reasonably frequent intervals
is measure Of good public policy and in har-
mony with the practice of the best private finan-
cial institutions Examination does not imply
lack of confidence, but the contrary. Banks and
other corporations have their books overhauled
for the purpose Of securing independent testi-
mony 10 the correctness which they know will
be found They also want the check on their
own routine and possible shortcomings in
their methods which would be furnished by the
study Of an outside expert.
The State might wisely adopt the policy of
calling in from time 10 time some audit or ac-
counting firm corporation, after the manner
Of the great private corporations which wish 10
know not only that their money has been hon
esuy handled, but that their bookkeeping meth
DDS are as safe, up TO date and economical as it
is possible 10 make them. There are depart
ments in Washington which are still using the
archaic single entry system, not because any
body defends it, but because those who use II
haven't the initiative to make change, and no
outside influence has been brought to bear on
them. E1-Secretary Gage n few months ago
pointed out the desirability OF reform in this
matter We do not know that the State depart
ments are so far lost in antiquity as the United
States Treasury Department, but public Offices
are prOverbially slow TO make improvements
particularly if those improvements are in the
direction Of rigid business methods and econ
omy. No government clerk would ever dream
of system under which two men could do the
work which under cumbrous methods was in
trusted TO three The investigation asked by
MIR. Wickser for his own protection, If put in
competent expert hands, might well be made
the instrument Of improved administration and
economy for the State
New-York tribune., 1905-01-19

notion Of telegraph line never dawned on lhe
Constitutional Convention. IL now Mr. Iutue
IS going back to eighteenth century conceptions,
he must give over 10 local spoation the tele-
graph companies. he must let the aGTarlans o.
Socialists who can gain control of particular
State work their win on the railroads without
federal interference based on the interstate
commerce provisions Of the Constitution. II
Congress is literally and exactly 10 restrict
itself TO the control of commerce eonsidered
necessary At the beginning. it viii only prevent
the imposition Of tariffs at State boundaries ana
relesate the modern instrIsmentalittes OF inter
state commerce l. The tender mercies or the
States Responsibility implies power and II
Nj Tuttle denies mower 10 the national govern
rnent. he cannot. Of course. invoke its protection
IS early - 1874 Chief Justice Marshall in the
case Of Gibbons Us. Ogden. gave vi;ailiT u me
Interstate commerce clause OF the Constitution
when he reversed Chancellor Kent deeisioh
holding that Gibbons could not navigate the
Hudson River under coaSting trade license De-
cruse % tho monopoly Of steamboat navigation
in New-York waters given by the State 10 ROD
ert Fulton and acquired by Ogden FROM that
time on federal authority has been construed
as adequate 10 the control OF interstate COM
merce in ali its changing forms. MI Iutue
viii have to make q long journey backward 10
reach his ideal of federal impotence and as
he traverSes the WAY he viii find the railroad
corporations asking tho liberal Interpretation al
federal power TO protect them from local wrong
as often as he VIII find private persons inTok-
Ing il against railroad abuses II his rule Of
law prevailed. the corporations would fall the
victims OF commercial anarchy
New-York tribune., 1905-01-19
THE DIPLOMATIC CORPS.
IrnoM e TRInuNE BUREAu.


washington Jan Is-The French Ambassador
and AIrne Jusserand gave luncheon to-day, their
guests being Mrs Lodge. Mr. and Mrs. Wayne
Macveagh. Mr.. and Mrs James Leroy White
Henry James VI Funck-Brentano, Viscount de
Chambrun and Count SaIa-
Don Augusta F. PulIdo, first secretary OF the
1ogs.,o, ~ ve,szuela- who since the departure OF
the Hfnfster has been IN charge OF the affairs OF
the legation. has been succeeded as charge DAT
faires by N veIoz Goitcoa- secretarE OF the Bu-
reau OF American Republics Senior Pulido has
many friends in Washington. ana Is one OF the
&c ,taa1,, known and popular young diplomats
of the corps.
The counsellor OF the French Embassy and Nine
des Portes de Ia Fosse gave a dinner to-nigAt N
honor OF the italian Ambassador and Baroness
Mayor des Planches. Other guests We're senator
Proctor Mr. and Mrs. John o. Donnel, NJ Funck-
Eran+ano ~ France. Mrs. Nicholas Fish, Miss
Berry. Mrs Slater and Captain Fournisr. Of the
French Embassy staff.
New-York tribune., 1905-01-19
RAILROADS AND STRICT coysrRUcTroy

We dearly love 10 see 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
rosd 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 BE opposes rate regulation
by the federal government. Consequently IN
an address on Sunday he took high consttu-
rionsl grounds against the prevailing conception
Of federal powers over interstate commerce.
Bis remarks are thus reported in the dis
patches:
He did not think It had been or could be
shown that the makers OF the Constitution ever
had any other thing IN mind in connection with
the delegation 20 Congress Of the power to reg
ElRfs Interstate commercial relations than a
vel defined intent forever 10 prevent the erec-
uon BY any state OF any customs tariffs or
other barriers that should be an Obstruction 10
the free currents OF commerce
Now. there is doubtless something in that but
are We 70 understand Mr.. Tutue as wishing to
limit the power OF the national government
with reference 10 commerce 10 those activities
which were conceived Of As necessary IN I7s7?
Is be willing that his railroad shall have no
standing Il tie United States courts TO protest
against any State oppression which does NOT
take the form OF tariff or other barrier such
as he describes: II we are going back 20 prin-
!tiFe times 10 free the railroads from federal
control. We must 80 hack there also 10 ae4.Ire
them OF federal protection. When the Consii.
tuition was formed tie steam railroad mad not
been drea med q. Interstate commerce was car
red on IA small sailing sels ana road
wagons Anybody who wanted 20 engage il i
g'sild do 50 freely. The road was there and
fne nayigalie water was there. and z carr or
boat could De easily Lad. 20 carter or s,spr,er
re-ld hoid tWo States IL lis mercy. t- * or
land tAe conditions governing their commercial
-roWth. Tie railroad has changed al this II
- Interstate commerce known 10 tie founders
q the nation disappeared. The dangers 20 the
free cUlTeHl ~ cs'nmeIce f0res.-ea 1,y tlain BE-
cane ~ no importance hilt gew dangers arose
~ which they had o. vision because the instru-
neDts of those particular evils had MOI then
been invented. They did not knew thar bv re.
bates. draM-tcc.ss and secret understandings the
railroads having ihe monopoly q Interstate
commerce could inere eftectUaIiy Interfere with
SIS free currents than any State could do by
tariff duties.
The Supreme Court In ls7T. in the Pensacola
Telegraph Company case. laid down this rule:
The powers a. Con-sress sfe scr cGRfnfsl ~ he
.iusfrg-neutulifies of coT.ineu'c known Or in
use when tho Constitution WIS adopted. but
Keep pace with tie irosross II tie country
xeupt from state control, though obviously the
New-York tribune., 1905-01-19
POINTS FOR LEGISLATORS.

District Attorney Jerome had a busy time at
Albany On Tuesday, and he kept interested
every one of the State officials with whom he
conferred. It is not probable that he will sue
ceed in pushing his bill for throwing wide open
the doors of the saloons on Sundays from ! 10 II
o'clock. The disposition among both Assembly
men and Senators seems rather to be in favor Of
lessening the opportunities for Sunday sales.
Mr.. Jerome Is hardly likely. therefore, to win
over the Republican majority in the legislature
TO his way of thinking; but he has staked his
issues on the plan, and he sticks 10 it every
winter with steady persistence
Mr.. Jerome should be more practical. He has
Just accomplished q marked triumph in closing
most Of the faro banks and poolroOms which
the police force failed 10 suppress. II he would
continue for the remainder of his term 10 apply
himself along the practical lines for which he
seems especially fitted, he would accomplish
still more valuable and effective work.
As 20 the passage Of bill making il a misde-
meanor for any person in this State to carry
concealed firearms without a permit which is
one OF the measures which Mr. Jerome advo-
Gates, IT is not easy to see how any one outside
of the criminal classes can venture to oppose it
The police force OF New-York has fallen far
below the standard of efficiency which IL held
under Mayor Low. Many of the patrolnen are
favored by pet details, and the number of highly
paid detectives who in the course of the year
earn their salaries is extremely small Mr.. Nc
New-York tribune., 1905-01-19
TIE NEWS THIS AORNIAG.

CoNGRFss.-senate: Mr. Stone. OF Missouri
spoke on his resolution for az investigation OF
Judge Parker's campaign funo charges: discus
sion Of the Stauehood bill continued -
House: The articles OF impeachment against
Judge swayne we're adopted, and the Speaker
was suthc--zed TO appoint seven managers 10
conduct the prosecution II the senate
FORFTGN-Prfnce Syiatopolk-Mirsky .E-
ouced the Council Of Ministers 70 ycIe 70 consult
wsLh representatives OF the zs-LotNos II regard
70 carving out the reforms promised by ifs
Car. ana VIII probably retain his portfolio for
Ecnle time a IA result ot the victory ----- ne
japanese report that Chinese troops accompan-
ie6 Miscellaneous CossGcks or the raid against
New-CEW6.S. -- -Le ies-sAs'-OL1 % ~
Comics .G.1istry EyEs accepted by President
Lcgber. but ne decided 20 consult az length w'ta
tHe leaders OF the majority grouls, GIG : = ~
expected that new Cabinet VII be formed tor
s0Eae Gays. -= The controversy between the
Cab.Ie- and court ST Belgrade has become Sc
we've. II Is expected that the reElc:de party VII
succeed n controlling new Cabinet -
Commander Dillingham; Ngss co-cial-S received
o. presenting his credentials as spec'EI com
missioner % TIE Dominican government
DOMEsTIC.-It was announced II Phila-
6elphia that a strike on the Pennsylvania KALI
road might be ordered to-day; the employees
votes 70 empower rEeir leaders 20 order them
out = they see IT. == The election OF ChaUn-
oey IL Depew and other United states Sen
s-ors wzs formally declared. -= The State
Bar Association at Albany voted down a resolu-
ton 10 refer the Hooker case % tae legislature
ano passed resolution that re grievance coz
DitEee's report be receives eflG EItd. ana sflat
no further action be taken. Charles A Cart! !ner
addressed the association earlier II ths Day.
The Delaware Regular Republicans
changed yhelr candidate to- president Of tbs
Senate. h-t gained 10 yotss b 60 doing -
The Colorado Republicans woa tce more nsst n
the Senate =-= Il vas announced II : Wash
iugIon dispatch t1st six or mere Nebraska post
masters would be examined fc- oeflic-ous 2cl.tt
cal activity. == Booker =. Ts'zeE.cgcCa a.
dressed tce tzvc houses II ne EslsEg Esegts-
laIure. and received a cordial reception. -=
Senator Elsherg T11DtrCdured iC the Stats Selate
his biz 70 abolish tie once o. co7cI-f- IN Ne|-
York City and TO su0stiJ1ts nleaicG4 sxGU1.zleIs
CITT.-Stocks strong and Rcltvs. == = wa
declared by the grand jury that there lad bean
conspiracy IL connection E:th Thc hedge Morse
taUgle; stenosraphsr for - q E,.,Z;as1 WIS
compelled o acsT-er uiissIs0.ls. 5-Etk
Brewer, IN rhe MUnrce z Nun hearing. -esti-
ned that he received $500 e Gsy 9ls,ru lhe City
Bank from, November - 20 Decsm5er :. -
Irs. Hannah Elias testified 70 giving 2 man
S1ee0D after her arrest. getting TO receipt
THE WEATHER-Indlcations for to-day:
Fair. The temperature yesterday: Highest, 40
degrees; lowest IS
New-York tribune., 1905-01-19
MUSIC.
The KreiSLcr Recital.

Sentimental Tommy once complained that it was
difficult for him TO make UP his mind, because he
had so many mirds. So II would be difficult 10
say just what is the OF Fritz Kreiser's VIOLIN
It has many tones. That. at least. is one OF a
away from the recital this violnist gave yesterday
in Mendelssohn Hail. where he was IN gracious
ana confidential touch with his entire audience.
and where he received with great en-
tl-1siasIn- His first number was Bachs suite In
minor, for violin and piano. and he followed
this with a group OF five small Dieces-a prelude
and allegro by Pugnant. played with much spirit
and dash: a chanson Louis XIII. by Couperin. n
which the violin spoke with a thin and sweet
simplicity OF tone: Inenuetto by Popora: a So
called "HumOresque'' by Dvoraix. arranged from
piano piece which seemed almost q Bohemian
variant The Last Rose ot Summer and IN
which this violin Of many moods sank from morn
ing TO moonlight tones: and finally the 24th Ca
price by Paganini, when again the tones changed
and heard the swish OF dew-brfght feet and
the sound Of elhn horns. Mr.. Kreisler forced
10 repeat the Humoresque. great the sp-
pause.
The third number Of the programme was a cha
come by Bach FOR violin alone OF tremendous
technical difficulty. fact that quite forgotten
in the artlsss with which II was played yes
terdsy. Purity and serenity OF tone and chord.
suousnsss to be almost devotional characterized
the performance OF this charconns 1t was fol-
lowed by the vieuxtanps concerto No 70 close
the recital but those who left the hall when IL
done We're wise above their fellows. They
carried the best mood with them uushattered-
Isadors Luckstons the sympathetic accom-
pauist
New-York tribune., 1905-01-19
A NEW RUSSIAN PIANIST.

Another name was added last evening 70 tns ~ ~
OF aspirants for honors n the planisto wor.a -.
come equipped with a good mastery OF tas -. -
Ineut. and who play Il exceedingly well ana =
fail TO attain place IN the h-st rank ms -
conner IN this case was Nine SaHAron' SO -,
self-pOSsessed and prspossessing Anssi-1 =
made her nrst Amsrican appearance Last - r-,-1v
Carnegie Hall before fairly large ana 90 :.
friendly audiences. She came without ~
travagant hera.dlngs. and proved herself = - "a
performer OF excellent technical acQuireineN y
much musical ability. but without greai ~ s's "a
feeling or marked personality. Her ata11S' ? -.
piano was one almost OF indi1erenes-Psf'l@ ,,,-
result OF nervousness-and never was tneE7 =
play OF real briIuancy or deep poetic lnSS-
Il her opening number. L4szts concerto - -
Z, far major Nine 5aInarOn evidently I-g,s
the size or the hall FOR many OF the softer -
vyera nearly tnaudiole even close % - s,5tv
This concerto however. AFFORDED ne efs 90
for har best work IN its anal allegro. br-
pieces she played notturno BY Ssali' -. .ad
ulorous episode by TSchaikowsAzy. and an - rss
a poIonaiss BY Chopta- TIE closing ssiee .ds-
schurann's eoneerto. op, S played W1In''-
Quate expression OF It's whole content et
The concert was opened with the benFe- ---vsrs
I'M overture OF Bsrlioz. played ey the - We
symphony Orchestra under Walter D@iiiEos D@iis- ,.sts
aroused the hf-hest enthusiasm OF the eNe'-.
the bridal song and Sersnzde from $50.
Rustic Wedding syrnphony- For this AA1.
was recalled after he had larf tAs ssa<~
New-York tribune., 1905-01-19
Al THE WHITE HOUSE.
lSRoM THE TRIBUNE suRzAU.l


Washington. Jan. I-The President ana A1IS-
Roosevelt to-day issued invitations for the secono
of their winter series Of State receptions II VIII
be given January e. and viii be in honor OF tns
judiciary.
Representatives Cooper and Davidson. Of Wis
consln, called at the White House this morning
hand 10 the President set Of resolutions signed
by all the Wisconsin Republican Congressmeh,
pledgiEg their support to any measure OF tarI-L
modification he may wish TO have enacted. The
resolutions quoted from the Republican national
platform the paragraphs referring to reaoJust-
OF tariff schedules. and declared FOR an cary
settlement OF the question
Among the callers at the White House was Gov
ernor Brady Of Alaska who came TO thank the
President for his rsappofntrnent and to Introduce
H D. Reynolds a business man OF Valdez