davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13

prefaced Senator Rayner's discussion In
Senate today of the constitutional ques-
tons involved. If the military and civil
forces of the federal government were to
be used by the President, Mr.. Rayner
said, 1t became very important to know
the exact power of the President in the
matter. because" he added. cit is quite
a serious matter in view of the great
calamity that has lately befallen the city
of San Francisco for the President to
contemplate the bombarding of the city
at this time, and to declare war against
the boards of county school trustees of
California. if there is no justification or
pretext upon which such feroeious pro-
ceedings can be taken, the President is
exercising a great many functons--eX-
ecutive, legislative and judicial. lawful
and unlawful constitutional and uncon-
stitutional. If he is possessed of the
idea that he is the supervisor of all the
public schools of the various states of the
union, and he seems to be impressed with
this fact. because in the very last para
graph of his message he recommends The
establishment of schooling galleries in all
the large public schools; If he can take
possession of the public schools of Califor-
MIA and compel the state to admit to them
Japanese students, contrary to the laws
of California, he could with equal pro-
priety, send us an amendment to the
Santo Domingo treaty and demand the
admission of the negro children of Santo
Domingo into the white schools of South
Carolina, or of any other state of the
union.
"Of course, if the people have come to
the conclusion that everything the Presi-
dent recommends is right, then there is
hardly any use in contesting any of his
propositions and instead of comforting
upon him the power to give Congress in
formation. of the state of the union, we
might confer upon him the function of
furnishing his own peculiar views upon
the entire state of the universe, and
recommending any improvements or
changes in the general plan of creation
that he may deem eXpedient, from the
cradle TO the grave.
Anticipates the Cradle.
I'm fact. the President. upon page %
of his message. anticipates the cradle and
makes a raid upon the state of the union
that tends to place In his hands the
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13

clothes of the highest order Fabrics from the best mills
anywhere Suits Of plain Blacks, Blues also fancy mixed
Worsteds and cassimers including Stein Bloch fancy
Scotch Cheviots
Overcoats comprise Meltons, Kerseys, Fabrics,
w orsted Chevots, Tweeds in all the correct colorngs
The models of either the suits overcoats rain coats or
top coats are all correct and modern
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13
Morgan to Dismiss Garrett.

Washington, December Ex-senator Nor
gan today took action amounting to dis
missal of Thomas C. Garrett, secretary
to the committee on public health and
national quarantine, of which the senator
is chairman The dismissal is the result
of charge that Mr.. Garrett had en-
gagged in the promotion of the interests
of Belgium in the administration of at
fairs in the Congo Free state.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13
ROOSEvELT'S JAP
IDEA R|DDLED
Would Change Plan of Creation,
Says Senator Rayner
STATES RIGHTS INVIOLATE
The President Has an Idea He Is Su-
pervisor of Public Scholastic
Provision In Treaty With
Japan Anent Question.
STATES RIGHTS INVIOLATE

Washington, December 12.-Much inter-
est was manifested in the Senate in the
position defended by Senator Rayner in
his discussion today of the Japanese ques-
ton. He contended that the inherent
rights of a state could not be violated by
treaty any more than they could be VIC
lated by Congress. To support this he
cited many adjudicated cases before the
supreme court and arrayed long lines of
eminent authorities. Mr.. Rayner also
gave the cases and authorities of the
other side to the proposition.
He was interrupted many times in this
constitutional argument by senators who
wished to bring out specific points in the
discussion. Mr.. Rayner spoke for more
than an hour
Caustic Criticism.
Caustic criticism of President Roose-
velts position on the Japanese question
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13
Santa Fe Train DeraiIed.

Guthrie, Okla, December 12-North-
bound Santa Fe passenger No. IS was
derailed while passing through Seward,
eight miles south of here. at 6 o'clock
tonight The mail, baggage and express
cars, smoker and day coach went into
the ditch. No one was seriously hurt
one passenger sustained internal injuries.
The train was running slowly when it left
the track, which WITS badly torn up Traf-
fic Will be tied up until tomorrow.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13
Mrs. Roosevelt Receives Diplomats.

Washington, December 12.-Mrs. Roose-
welt received the members of the diplo-
matte corps and their families today. Mrs
Longworth and Miss Hagner. Mrs. Roose-
velt's secretary. assisted in the dining
room and Captain Mccoy of the Presi-
dents staff, presented the guests.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13
Anticipates the Cradle.

in fact, the President. upon page %
of his message, anticipates the cradle and
makes raid upon the state of the union
that tends to place In his hands the
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13

Caustic criticism of President Roose-
velt's position on the Japanese question
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13
Mems NeckvVeaF

Put up in Christmas boxes.
Solid shades or fancy pat
terms, plain or broeaded, gilt,
gold plated, German and ster-
ling silver buckles: pure silk
webs, at SOC to $500.
Special-Fine Jewel Web
Silk, white, black, blue or
pink: also fancy patterns;
calf ends, at SOC.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13

establishment of the birth rate of the
country. Now If we can only supplement
TINS junction by giving his complete jurs-
dlct1on over the death rate, we will have
ruler whose ubiquity is uncircumscribed
and whose unlimited possibilities are be-
yond the reach of human contemplation"
Mr.. Rayner conceded with what the
President had said in his message i'm
praise of the Japanese His sympathies
had, ne said, been with them during their
war with Russia, and he thought ii a
great shame that Japan should have been
overpowered in the conference room when
she had been victorious in battle He
proposed, he said. to discuss the present
question entirely outside the particular
circumstances and plant himself on these
two propositions:
First, that there is no provision what
ever in the treaty with Japan that con-
fers the right that the President speaks
of, or gives to the government of Japan
the privileges that it claims in connection
with the public school system of Cali
fornia or of any other state
Second, if there was such a provision
i'll this treaty or any other treaty con-
ferring this right, the treaty would be
void and without any authority upon the
part of the United States to make it,
and in violation of the constitution and
the treaty making power of the govern
ment.
There We're. he said, two distinct schools
OF thought on the question; one holding
that the treaty making power is an in
herent element of sovereignty, the other
that this power exists. that of carry
ing out the objects of government as
prescribed and defined by the constitu-
ton, and that no treaty is valid that
violates the constitution or surrenders
the reights reserved to the states.
Mr. Rayner says he was a disciple of
the latter school.
Continuing Mr.. Rayner said:
States Personal Power.
THE power of a state to regulate its
public school system is clearly among it's
right to provide in treaty that the citi-
zens of foreign lands shall possess privi-
leges in the public schools of the states
that are prohibited, either by the con-
stitution. or by the laws of the state
In which they are claimed. If we can.
in defiance of the laws and constitution
of a state incorporate any such provi-
sion in a treaty so as to bind the state,
then we can undoubtedly deprive the
state of every reserved right that 1t
possesses, and rescind and annu it's laws
and its constitution whenever they come
in conflict with the treaty making power.
| trample upon this appalling doctrine.
II ever such a deformity as this should
creep into our judicial decisions it would
disfigure the constitution to such an eX-
tent that its features would be no longer
capable of recognition"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-13
WESTERN JOCKEY CLUB.
Racing Dates Approved for Next Year
In This Organization.

Chicago, December 12-Racng dates
for 1907 We're approved and officers elect
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21
MORE AFFIDAViTS
IN SPRECKElS CASE

An affidavit was filed in the Circuit
Court yesterday morning by George E.
Sabin in the case of Brown VS.. Spree
kels. Sabin, who is stenographer
and who was practicing in court dur
ing the recent trial of the case, is ac-
cused by affidavitS of defendants
counsel of having given out informa-
ton regarding some remarks Of Judge
De Bolt for the purpose of influencing
the case. The publication of the re-
marks, though it was admittedly a cor
rect one, is being made the subject of
charges among counsel, affidavits hav-
ing been filed that Browns attorneys
caused Sabin to cause the publication.
Sabin's affidavit shows that he COM
municated it merely as an ordinary
matter of news, to a friend in the
newspaper business. 1t is not known
" neither there is any law against an
attorney causing the publication of cor
rect information which is favorable to
his side.
Magoon and Lightfoot, of counsel for
Browne. also file affidavits contradict
ing those flied by the counsel for
Spreckels, Messrs. Kinney and Ba1lou.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21
COURT NOTES.

Judge Lindsay yesterday issued let
tiers of administration to Mrs Jane
Lishman Moore, the executrix named
in the will of the late Mrs. Jane Will
son, without bonds. The will devises
$1,000 to Mrs. Moore, with one thous-
and dollars in addition to be used in
the erection of tomb and it's keeping
for the dead woman. 1t also leaves
$500 each to Miss Bessie J. Virtue and
Miss Jessie Gilmore, of Scotland, and
like sum to Mrs. Charles Wilson,. of
Portland. Oregon.
The trail of the suit in assumpsit
of the Waimea Agricultural Company
VS.. the Oahu Railway & Land Co. has
been continued until this morning be-
cause most of the attorneys in the
action are interested in the trial of
the beef trust cases in the United
States District Court.
On account of the beer trust cases.
Judge Lindsay has continued the mat
ter Of the construction of the will of
the late James Campbell until Fri
day morning at 10 o'clock
Judge Lindsay has issued an order
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21
WILL ATTACK
ASSIGNMENT

Acting as attorney for Henry May
& Co., Ltd, Attorney General Peters
and Deputy Prosser have secured from
Judge Lindsay an order for the ex-
amina ton. of George Macfarlane ana
Fred Wundenburg in the matter of an
attachment sworn to by May & Co.
upon one thousand dollars alleged TO
be in the possession of Wundenberg
as assignee of the Seaside Hotel Com
rany of Waikiki, which is the legal
ard offic ial title of the corporation that
has been running the Hotel Annex. 1t
seems that in September last an as
signment was made by the hotel COM
pany for the benefit of its creditors,
with Wundenburg as assignee, the as
sets of the company being the sum
of $1,000, which was to be divided
among several heavy creditors.
The firm of May & Co., who claim
that there is due them the sum of
S1050. row propose to attack this as
signment, and have secured the order
to take testimony as preliminary to
that attack.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21
SECURE Ten
AS JURYMEN
Good Progress Made in
Johnson Murder
Trial.

| Ten men have been secured of the
twelve needed to try Johnson for the
murder of little Simeon Wharton, ant
| it is thought that the jury will be COM
| pleted, and the taking of evidence be-
Gin. today. And that is by several
days better time than anyone con-
nected with the trial of tie case has
hoped for.
The ten men now in the box who
nave been passed for cause by both
sides and who will probably be finally
accepted. as all of them have answer
ed all the questions of the lawyers
satisfactorily. are James Lemon,
James Haughton, E. p. Chaplin, Wal
ter c. Gilman, J. Crdenstein, A. >.
Robertson. E. O. White, Harry Lyman
and William Rose.
The questions put to the prospect
i've jurymen by the defendants attor-
ney yesterday were more than ever
strongly indicative of the fact that
the defense to be set up will be in
sanity, and, of course, Attorney Gen
eral Peters, who conducted the prose-
cution alone for the day, governed his
questions somewhat by this fact so
plainly made to appear. But Mr.. Pc
tiers also indicated that the confess
sion of Johnson is to be put in evil
deice and in the examination OF Juror
Rose there was a little tilt between the
attorneys relative TO question asked
by Attorney Harrison, for Johnson,
concerning what course the juror
would pursue in the event that the
confession should be thrown out after
admission, and the juror should be in
formed by the court that it was to be
dlsregarded.
Peters objected that this question
covered a possible fishing excursion in
the future, and Judge Robinson said
that, in effect, it amounted to asking
the juror whether he would do MS
sworn duty in the event that he was
sworn to do it.
However,, said his Honor, L Will
overrule the objection"
And Rose answered the question
sa tisfactorily. There was a bit OF
comedy by-play in the examination of
the jurymen, too, which was some
Thing of a relief to the air of somber
tragedy that hung over the courtroom.
This occurred during the examination
of Juror Lyman.
Were YOU ever convicted Of q
crime?" asked Attorney Harrison, in
all Innocence.
II was convicted of assault and bat
terry, once" said Lyman.
Not an Infamous crime" remarked
Harrison, and was willing to let it
go at that, when the Attorney Cen
eral asked: who got the worst of it,
Mr.. lyman"
Il did said Lyman; It had to do
the time
You did not even get satisfaction"
smiled the court.
Then the serious business of the
court proceeded, Johnson meanwhile
watching every movement of every
body in the room, and particularly of
everyone who entered the courtroom
or who went out of it, furtively, as
one of the smaller animals might
watch the men gathered about it,
trapped. There was every evidence, in
the pose and air of the man, Of low
mind of kin to the minds
of the brute creation, in this creature
whom it will be sought to show was
insane and so not accountable for his
actions
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21

ARGUMEN
Field Day in the Battle
of the Beef
Trust.

| In the argument of the demurrer in
the beef trust case in the United
| States Court yesterday, the feature OF
| the defense was the terSe way that
Judg Henry E. Highton put forth his
views, bringing out shots from the
United States Attorney, Mr. Dunno
and numerous questions from the
Court.
The argument up to the time Judge
Highton took the floor had been teen
meal based upon case after case which
had been decided in the United States
Supreme Court, the other Federal
courts and even state and foreign
courts. Judge Hignton evluen,4y
wished TO connect together all the de-
Tense and simplify the case as much
as possible. It was this process of
simplification which aroused the fire II
the government and the questions from
the bench. For, if Mr.. Highton' s
formula for simplification is correct,
the application of it to the local So
called "Beef-Irust' case ..simpufies'
it to such an extent that there seems
little left of it by harmless pamphlet
of about 80 pages entitled the gov
ernment's complaint in the case
The Judge took up the Dill one sec
ton after another and to his own sat-
isfaction at least and the entertain
ment of his fellow attorneys defend
ing the suit as well as or the court
ho showed that the government had
utterly failed to set forth any facts Or
acts which were not perfectly legal.
DUMMIES ANSWER.
Mr.. Highton and the other attorneys
were answered at some length by AS
sistant United States District Attorney
Dunno in the afternoon, the gentleman
taking the coat that his opponents had
made ana turning and twisting it
cleverly to show that there was
combina ton in restraint of trade in
the so-called beef trust. In fact, this
whole beef trust battle, so-called, is
struggle of the legal giants, Mr..
Dunno being pitted against the other
heavyweights of the local bar, and
there is a general sparring match on
All the time that is not only interest
ing to the lawyers, but that has the
interest to Iaymen that a well-waged
battle always has.
The complaint in these cases, by the
way, was submitted to and approved
by the Attorney General of the United
States before the suits were brought,
and SO may be said to have oe.tn-
ing of that distinguished official. And
it is his battle Dunno is making, and
against him the heavyweights of the
LEGAL bar-aside from Dunno and
Breckons, who are in the heavyweight
class themsclVes-are pitted. The argu-
ment it still going on.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21

Twenty acres of cane on Onomea
plantation, Hawaii, was burned on the
night of March by fire that spread
from some smoldering tree stumps,
and more would have gone had not
the Japanese on the plantation turned
out and fought the fire. A japanese
house was turned over by the high
wind on the same night, and fumes
valued at $4,000 We're blown over
tsOcOSO.OsO6Cc O.OsOSOSOsc
cause why an order to sell real estate
Maurer minors. The property in ques-
ton is land in Punahou.
The Gouveia divorce case will be
heard by Judge Lindsay today.
Judge Lindsay has allowed the an
nual accounting of the guardian of
the estate of H. Kapu.
Attorney General Peters has been
advised by wireless from Hilo that
Morita Kaizu has been convicted of
murder in the first degree at Hilo.
Hart & Co. have been adjudged
bankrupt by United States District
Judge Dole.
John E. Goeas. a storekeeper, has
iiieu d peIAtioi III NoiohlaiS oe'iAhi oP.7
cy in the United States District court
showing liabilities of 1901. Al and as
sets of $16O2.
Judge, De Bolt has sustained the
plaintiffs demurrer in the damage
suit of Jose Figaro VS.. the Eva plan
tation company. The plaintiff was
given ten days in which to amend the
complaint.
A typewriter brief of twenty-six
pages has been filed in the Supreme
Court in the case of Mrs Goertz VS..
Banning and Magoon. The brief is
the work of the plaintiff herself.
Abraham Pauole has brought suit
against j. w. Kalua, of Maui, for $525
alleged to be due on a poi contract.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21
WANT AND NEED.

There's a big difference
between what a baby wants
and what he needs. Deny
him the one, give him the
other. Most babies need
SCOTS Emulsion it's the
right thing for a baby. 1t
contains a lot of strength
building qualities that their
food may not contain. After
a while they get to want it.
Why? Because it makes
them comfortable. Those
dinples and round cheeks
mean health and ease. SCOTS
Emulsion makes children
easy; keeps them so, too.
SCOTT & BOVINE, @cs Pearl ST., New York.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21

Removed from the residence of Mr..
F. E. Nichols, Pacific Heights, to
store, Kapiolani Building, corner of
King and Alakea streets, for convent
ence Of sale.
The goods comprise very pretty
pieces in Curly Birch, Oak and Birds
eye Maple, Enamelled Iron and Brass
Beds, Ostermoor Mattresses. Ladies'
Writing Desks, Pretty Parlor Furni-
ture, Verandah Suite Complete, Paint
ings, Handsome Diningroom Suite,
Large and Small Rugs, Steinway
Grand Piano, Gas Range, Victor
Graphophone, Stand and Records,
China Closets. Book Cases, Encyclo-
paedia Gull seD, full line of Kitchen
Goods, Etc, Etc.
On view, Wednesday, March q.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21
LADIES AUXILIARY,
A O. H. DIVISION NO. 7.

Meets every nrst and third Tues
aay. at o. M, in c. 3. u. Hail, Fort
street. Visiting sisters are cordially
invited to attend.
NJ. ALICE DOHERTY, Pres
MARGARET K. TIMMONS, Sec'y.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21
lei ALOHA CHAPTER,
NO. 2. 0. E. S.

Meets at the Masonic Temple every
Eecond Saturday of each month, at ''oo
<s,clock o. m. Visiting sisters ana
srothers are cordially invited to at
tend.
MARGARET HOWARD, w. NJ.
MARGARET LISHMAN, Sec'y.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-21
WILLIAM MCKINLEY
LODGE, NO. 8, K. OF P.

Meets every SATURDAY evening at
$3.50 o'clock, in Harmony Hall. King
street Visiting brothers cordially III
yited TO attend
MERLE Nj. JOHNSON, C. C.
E. A. JACOBSON, K. of r. & S.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-28
30 Cause ID ACTION.

Hearing that there was to be a law
suit before a country justice OF the
peace in q small village on Long Is
land, went over to his Office from the
hotel.
When the suit came on it appeared
that man was driving seven hogs
along the highway. and that. finding
gate open the animals all rushed
into a yard and destroyed good part
Of a garden before they could be got
out. The plaintiff was a widow and
the defendant a widower The plain
tiff stated her case very clearly, and
the defendant admitted everything,
but based his defense on the open
gate. But for the carelessness of the
plaintiff the hogs could not have en-
tered. The lawyers talked and the
justice Whitfield. and when the talk
ing had ended his honor said:
While there was a neap of action
in this case. I take it that 1t is a case
of no cause of action. The winds of
Providence blew that gate open. Prov
idence willed it that the hogs should
come along just at that time. Show
a hog hole in a fence and he'll make
for it. If the plaintiff had had no
garden the hogs could have done no
damage. If the defendant hadn't
been lame he could have headed the
hogs off If the plaintiff, who is
wilder woman. had been looking for
a second husband instead of law
suit. there would have been no case.
If the defendant. who is a wilder
man, had been looking around for
second wife, he would have settled the
case out of court"
do I take it. your honor. that the
verdict is no cause Of action ?" asked
the plaintiffs lawyer.
You can take it that way. Silas,
was the reply land you can further
take it that in case the parties inter
ested desire to take advantage of the
occasion to carry out the wishes of
Providence and keep their gates and
hogs shet up in future this court
stands ready to jine them together for
life for the sum Of one dollar in cash.