davidaulloa/AmericanStories huggingface dataset:
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
CHARGED WITH TAKING REBATES
The Demurrer of the Burlington
Railway 0yenuIed
DECISION IS OF IMPORTANCE
1t Tends to Destroy the Contention of
the Railways That Export Rates
Need Not be Made PubHc-Opinion
of Judge Mcpherson is of Impor--
IN TO Shipping Interests.

Kansas iCty, May 22.-1he denur-
rer OF the Burlington railway, denying
the jurisdiction of the government ia
export freight rates, was overruled in
the United States court here today by
Judge Smith Mcpherson, Of Iowa. Thu
decision is of great importance % ship
ping interests Of all sections OF the
country, and of particular weight at
present because it tends TO destroy the
contention Of the railways that "X-
port rates need not be made public.
1t means, too, hat the Burlington
railway and the other railroads, cor
pOratioDs and persons indicted mere in
December, must stand trial on the
charge Of accepting rebates. The trial
Of ne Burlington was set for May 81.
Attention was drawn to the report
of the interstate commerce commission.
December "A, 1905, in which il was
said that 1T was a mooted question
whether the present act requires car
riers TO file and maintain tariffs under
which they transport exports and i'm
ports, but the commission has a num-
Der Of times decided that the statutes
covered this point.
The same question:" the decision
says, finds the same kind Of COM
merce included by the act and includes
exports from United States to a foreign
country The fact that half a mil
lion of dollars worth exports are ship
nod froro 4bo TTp;+r1 C+o4c. Sc n ,ou.
erful argument in favor of the propo-
sitiou that they should not be ham
pered with late tariffs difficult or i'm
possible to observe because ocean rates
vary from day to day. But is his an
argument that can persuade the courts
upon the question of what construction
shall be given a statute if such statute
is aid"
The statute, Judge Mcpherson says,
fOrOids lowering the rates except On
three days notice. 1T is Clear he
continues, that carriers by railways
and water inland, when acting under
a common agreement, are covered by
the statutes, as we'll as commerce by
any method with an adjacent foreign
country. And as to interstate COM
merce, it is included. Because these
are specifically enumerated, it is con-
tended that all others are excluded.
Conceding the force of this elemen-
tary and recognized rule of construc-
ton there, N my opinion, is the error
of the entire argument of defendants
counsel. Congress did not enumerate
ocean commerce, becaues it would have
been frivolous to do So"
Judge Mcpherson says full force can
be given to the statute only by enforc-
ing it on shipments to New York and
then transferring the merchandise to
vessels, when, of course, it passes from
d, the jurisdiction.
And it seems to me-" he says i'll
conclusion, that when this is done it
ca nbe under an established rate, pro-
claimed by a published and posted
tariff rate"
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
SALE OF UNION COTTON MILLS
Upset Price Fixed at S1.23s.s67-Re-
organizations Committee May Bid In
The Property.

Union, s. c., May 22.-Tcmorrow
at noon the Union Cotton Mills and
their accounts will be sol here. The
federal court has fixed the upset price
at S1,239,367. In order to buy the
property it will be necessary to deposit
a certified check for fifty thousand
dollars. It is said that the entire
pro perry MAY be bid in by the reor-
CARNATIONS committee, and that they
viii be sole idders.
The Union Cotton Mills have figured
conspicuously in the South Carolina
courts since last summer. when they
sustained heavy losses through the cot
ton specuiations Of President Duncan
They were adjudged bankrupt last
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
HIT AT THE REPUBLICANS
So-called Machine ScathingIy De
nOunced in h House by Mr.. Kan
dali of Texas.

Washington, May 22.-The so-called
republican machine" was the subject
OF a scathing denunciation in the house
of representatives today at the hands
of Mr.. Randall, of Texas, who said that
the leaders of the house who constitute
and run the machine had done abso-
lutely nothing except to make hypo-
critical p~retense as to some things, and
to unblushingly advocate the stand
pat" doctrine in other things.
THE completeness with which the
republican party has deserted the peo-
pies interest is apparent in its treat
ment Of every vital question before the
conyress,'' said Mr.. Randall.
He was of the opinion that the con-
c~entration of wealth, so great in
amount as to stagger the comprehen-
sion of human intellect was a greater
menace to free government than all
the armed hosts of its enemies. He
said the attitude Of the republican
party toward the territories is another
proof that it is unworthy to rule.
''The sisterhood of states" he said,
should make common cause IN re-
buking the cruel and outrageous crime
committed by the republican party.
Impelled by fear the machine may yet
admit one state; but the people Will
understand the motive and should not
stay the hand of retribution.
These machine leaders nave been
and are deceiving the great mass OF
voters who put them in power. The
rank and file of the republican party
wants justice and if only they would
examine the record of their represent
atives the avenging hand of an out
ragged constituency would strike down
these stand pat statesmen and have a
new deal as we'll as a square one"
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
SUPREME COURT OPINIONS
Decisions Handed Down Yesterday in
Large Number of Cases.
Especial to The Messenger.)

Raleigh, n. c., May 22.-The su-
preme court handed down opinions rs
follows: Watson VS.. Farmer, from
Wilson, affirmed; Commissioners VS..
Stedman, from New Hanover, affirm
ed; State VS.. Southern Railway, from
Burke, affirmed; Harton VS.. Telephone
Company, from Rutherford, new trial;
Kernedle VS.. Telegraph Company,
from Alamance, affirmed; Moore VS..
McLain, from Polk. new trial; Woody
VS.. Timber Co, from Yancey, affirm
ed; Gudger VS.. White. from Madison,
new trial; R~umbough vs.. Sackett,
from Madison, no error; McPeters VS..
English, from Madison, affirmed;
Hemphill rs. Lumber Company, from
Buncombe. no error: Gilliand vs..
Board of Education, from Buncombe,
no error. This case involved the at
tendance at the white schools of pu-
pills alleged to have been tainted with
African blood. Merrick VS.. Stevens,
from BuncOmbe. appeal dismissed:
Burnett VS.. Lyman, from Buncombe,
error: Dunn VS.. Railway, from BUN
combe, reversed; Boggs VS.. Pickett,
from Durham. per curtain, affirmed.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
BURTON MATTER IN SENATE
Course to be Pursued Referred to
COmmittee-Immigration Bill Up for

Course to be Pursued Referred to
COmmittee-Immigration Bill Up for
Consideration.
Washington, May 22.-The senate de-
voted the greater part of today's ses-
sion to consideration of the immigra-
ton bill, but before it was taken up
Senator McCumber made a personal
statement ~contradicting an article
printed in the New York Tribune to
the effect that the railroad rate bill
had been SO amended at his instance as
to render it ineffective. Previous to
that time also the senate adopted a res
olution directing the committee Oh
privileges and elections to consider The
course to be pursued in the case of Sen
ator Burton.
Speeches on the immigration bill
were made by Senators Dillingham;,
McCreary, Bacon, Scott, Patterson and
others. The bill was still under con-
sideration when the senate adjourned.
The Burton resolution was offered by
Senator Hale and read as follows:
Resolved, That the committee on
privileges and elections be directed to
examine into the legal effect of the late
decision Of the supreme court in the
case Of Joseph +. Burton, a senator
from Kansas, and as soon as may be
to report their recommendations as
to what action. if any, shall be taken
by the senate"
The resolution was adopted without
debate.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
Long Awaited Proclamation will be
Issued May 9th
SCOPE OF MEASURE NOT KNOWN
Will be Excluded From tho
Act of Grace-Premier Garemykin.
corning the Speech Which He VIII
Deliver Setting Forth the Govern
ments Position on Points Brought
Up in the Houses Reply TO the
Speech From the Throne.

St. Petersburg, May 22.-The long
awaited political amnesty will, the AS
soclated Press learns, from q govern
ment source, be proclaimed May u.
the anniversary Of the coronation of
Emperor Nicholas Ii. The exact scope
Of the measure has lot as yet been de-
termined. II will as anticipated be
limited, but the constitutional demo-
cratic party is prepared, though grudg-
ingly. To accept the act Of grace, from
which ~terrorists are excluded. recog-
nizing though publicly hat the gov
eminent is moi altogether unjustifed
in refusing to set al large men who will
be as ready in the future as they have
been in the past. 10 shoot down or
blow to pieces hated representatives Of
authority.
Their demand for unlimited amnesty
vas based on the expectation hat with
the institution of 4 full constitutional
era the terrorists as was promised in
an open letter just before the assassi-
nation Of Alexander III. would abandon
operations. but they have been forced
to admit that the crimes Of the last
few days give the government no guar
antee that the promise will be kept.
The administration is daily cutting
down the number of prisoners who may
be affected By the amnesty releasing
convicts BY hundreds in the provinces,
while among those released IN St.
Petersburg are twenty seven members
Of the council or workmen's delegates
who drew up the famous manifesto
preaching a raid on the governments
gold reserve. g.
Premier ~GOremykin has been sum-
moned TO Peterhoff tomorrow for a
conference with Emperor Nicholas, to
put the fnat ouches &c the speech
which the premier will deliver, unless
unforeseen contingencies prevent, in the
lower house Of parliament ON Friday,
setting forth the governments position
on the various points In the houses
address in reply to the speech from the
throne.
The Jewish League for the realiza-
ton OF equal rights for their eo-relig-
ionists is in session here. The attitude
Of their members in parliament vii. be
defined and all questions relating to the
Jews will be discussed. 1t is also pro-
posed to make arrangements for hold
ing a congress Of al 1.-The seminetic Or
ganizatiCns OF Russia
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
BILL CARRIES Sz,715.8OO
Agricultural Appropriation Bill Re-
pOrted to the Senate.

Washington, May 22.-The agricul-
tural appropriation bill was reported
to the senate today. It carries S1,113,-
600, an increase of s223,560 over the
amount carried by the bill as it passed.
the house.
On the subject of free seeds the re-
port says:
1T may be stated that a decided
majority Of the committee expressed
themselves informally as opposed %
the distribution of common seeds, as
authorized by law for many years, hut
deemed 1t inadvisable at this session
to recommend a change, believing that
such could not now secure the desired
result, but trust at the next session
a liberal appropriation for the distrl-
button of rare and va0able seeds MAJ
take the place of the assent very OBJ
tctionable system.
An appropriation Of SIS 600 is made
10 establish at points Of export 10 De
designated by the secretary Of agri-
culture, laboratories for the purpose CT
examining seeds and grains and fix
ing definite grades
Provision is made that 10 per cent
of all money received from each for
est reserve shall be paid to the safe
or territory in which the reserve is
situated TO be expended for public
schools Or public roads
For nutrition Investigations $50. oe0
is appropriated. This is to continue
tn investigations conducted al exper:
ment stations and under the chief OF
the bureau of chemistry in order T.
nroduca more economical foods than
are in common use.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
CELEBRATION AT CHARLOTTE
Fifteen Thousand People witnessed
the Drilling of the United States
Troops.

Charlotte, N. c., May 22.-Probably
the largest crowd which ever visited
this city in the hundred and fifty
years or more of it's existence vas here
today to join in celebrating the I3ist
anniversary of the signing Of the
M~ecklenburg Declaration Of ~Independ-
ence. 1t was estimated that 1900
people were at the fair grounds ID
witness the drilling of the United
States troops, marines and cavalry and
enjoy the music of the marine band
A long parade of soldiers, confeder-
ate veterans and prominent citizens
vas held in the morning after which
an address was delivered by Governor
Glenn to the veterans.
Hon. Champ Clark, of Missouri, viii
tomorrow deliver an address on the
United States of America in the Twen-
tieth Century. An address also will be
made by Representative E. Y. Webb.
nf hit Iir+ric+
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
Soil p in the City.

Mr.. ]. ]. Skinner, of Washington, D.
c., who is connected with the United
States department of agriculture, is in
the city and is stopping at The Orton.
He is a soil expert and is making an
examination of the soils around Will
mington and he is highly impressed
with the tests made thus far. Mr..
Skinner will be in Wilmington for sew
eral days.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25

Mrs. jefferson Davis Greatly Improved.
New York, May 22.-Mrs. Jefferson
Davis was reported as so muchs better
today that her recovery was considered
almost certain.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25
CONTAGIOUS BLOOD POISON


he very anne Contagious Blood Poison, suggests contamination md dread. It the
sm sb dasea s the world has has eyer eyer known; responsible for more nhaPPness and sorm than
but as tar back as as history goes has, been regarded the greatest curse of mankind.
the bloc may be when the virus of Contagious Blood Poison enters, the nre circulation
becomes corrupted, the humlhatng symptoms begin to appear md the sufferer finds himself
from head to foot with tn vl@ta nd mos destructive Of all posons Usually
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-25

Mrs. M. s. Calbert, Of Raleigh, was a
visitor here Yesterday.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
STRANGE PICKED
TO BEAT CONNOR
ia Follette's Hand Seen in An.
nouncement Of New Candi-
date in Wisconsin.
Special to The journal.

6qcc1al 70 Inc SOuTua1.
Madison, Wis, July 2s.-The candi-
dacy of John Strange of Oshkosh, for
lieutenant governor, solves a problem
that has been worrying Senator La
Toilette for months. He now believes
he has succeeded in heading off w. D.
Conner Of Marshfield, the millionaire
.lumberman and chairman of the state
central committee. It is known that
Senator La Toilette was undecided
whether to take a hand as between
Governor Davidson and Speaker Len
root until Conner came out for lieu
tenant governor and espoused the cause
of Davidson.
This act Senator La Toilette con-
strued as shrewd move on the part of
the Marshfeld lumberman to displace
Senator La Toilette as the party boss
in Wisconsin by using the lieutenant
governorship as the stepping stone to
the governorship or senatorship two
years hence. Strange platform is an
echo of La Toilette IS speech Endorsing
Speaker Lenroot, and he makes it plain
that it is the La Toilette vote he wants.
It is understood that as between
other candidates for state offices Sena.
tor La Toilette has little, choice, and
that he has not read Assemblym
DAZZLE off the slate for state treasurer,
because soliciting stalwart support.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
MAN OF 'HIGH BIRTH
IS DEAD IN CHICAGO

Chicago, July 2s.-From papers In
the possession of Eugene Kraft, whose
body was found in basement at 81
Wells street. the police believe the man
son Of Swiss army officer. It is also
believed he was related to Baron de
Reding of Germany.
Kraft was a printer and for several
months has been dissipating. His wife
Marshahtown, Iowa, July 2s.-En.
gene Kraft is known here, where he
worked for years as printer. He had
high family connections in Europe, but
never revealed much Of his past history
He married here, but his wife says he
told her little Of his past - +
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
WATER COMP ANY
GIVES UP FIGHT
Sioux Falls Corporation Offers
All Kinds Of Concessions
to Municipality.
Special to The journal.

Sioux Falls, s. D, July 2s.-A spe-
cial election will be called to vote upon
the acceptance or rejection of an i'm
portant proposition made to citizens Of
Sioux Falls today by. the South Dakota
twenty years has supplied Sioux Falls
with water, and which was defeated in
the courts in its efforts to prevent the
city from constructing municipal
waterworks plant.
The company offers to purchase the
uncompleted municipal plant for $780,
900, the amount voted for it's construc-
ton; to cancel clean of $4,000 al
legged to be due for hydrant rentals
from the city; to give Sioux Falls the
same rates as Sioux City enjoys, which
are a third less than the present rate,
and to give the city an option to pur-
chase the waterworks system at five
year periods for twenty years, or any
time hereafter at its appraised value.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
LITTLE PORTO RICANS
ADMITTED TO ARMY

Washington. July 2s.-Concession to
the slight stature Of the Porto Ricans
bv the m @ Of Gda e arm1 s1 pro
viding that five feet and two inches
shall be the minimum height of men
admitted to the Porto Rico provisional
regiment. Heretofore the minimum
height for the insular regiment has been
five feet four inches, which is the
height required for admission to the
regular ar army oa IN ae United s41d States The
Of the Porto Rican regiment, who will
still be required to come up to Amer
lean standards. Other minimum meas
urements are also reduced by the gen.
eral order in proportion to the height.
The maximum age limit for the insular
regiment is fixed at 30 years, as against
35 years in the United States army.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
MURDERER HUNTED ga.
WITH BL00DH0UNDS

Richland, Mo, July 2s.-City Mar
shall William Names was shot and killed
last night by James Price. alias Prit-
chett, deserter from Jefferson Bar
and is being hunted with bloodhounds.
Names had arrested Price and was
on his way to town with him on foot,
when young woman riding by, saw
them scuffing. She was asked by
Names to assist in overpowering the
prisoner, who had broken his handouts.
The young woman started to the mar
shall $ assistance, but was warned away
by Price, who threatened to shoot her.
Price then shot Names and escaped.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
VIOLA ALLEN PLANS
TO LEAVE THE STAGE

Journal Special Service.
New York, July 2S.-After her forth
coming season in "Cymbeline, Viola
Allen is to retire into private life as
Mrs. Peter Duryea.
The announcement eccasioned little
surprise to those in the actress conf
dence. -.
Miss Aliens ambition has been to
play what she considers three of Shaks~
pere g greatest plays: She has appeared
as Viola in Twelfth Night, and has
Hermone in "The Winters Tale,' and
the third part that she has always
wished to play is Imogen in "Oymbe.
line -
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
COLLISION FATAL TO
ONE; NINE INJURED

Carnegie, Pa, July 2S.-One man was
killed, nine were injured and two loco
motives were wrecked in head-on col
lision between west-bound passenger
train and an east-bound freight train
Een the Panhandle road at Woodville,
near here, today.
Philip Dolce, II years old, a mine
worker, riding on the engine, was killed.
The engineer, fireman and seven pas
sengers sustained injuries. =
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
Negra Murderer Caught.

Barhourville, KY, July 2S.-After
an exciting chase in which bloodhounds
were used, Jesse Fitzgerald, a negro,
was arrested by posse and lodged in
the local Jail, charged with robbing and
numbering Mrs. Robert Broughton at
her home near here Wednesday night
Fitzgerald made a full confession. Mrs.
off with a knife. Lynching is threat
ened. County Judge Faulkner has an
nounced that he will hold a special term
of court Aug 6 to try Fitzgerald and
that troops will be summoned if neces-
Sary to protect him.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
BRILLIANT WORK DONE
a BY THIS GRAND JURY

journal Special Service
foreman 1aasen01 Of ' the grand Jury WITCH
stopped Investigating the, charges
against the alleged ice combine, said:
"We simply went to the big ice men
and asked them what the truth Of the
matter was and we found out from what
they told US that they were not in the
wrong at all, but were really losing
money on account Of the hot weather
and the mild winter last year.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
PHI GAMMA DELTA
ELECTS OFFICERS

Newport News, Va, July 2s.-The
Phi Gamma Delta fraternity, which has
been in annual session at Old Point
Comfort for the past three days, yester-
day elected the following officers:
Newton D. Baker, Cleve-
land;. secretary, E: L. Pogue, Cincin-
natl; treasurer, WILDER Christian, In
dianapoliss. The convention revoked
the charter Of the New York city col
lege chapter and then adjourned. = x I
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
RICH PITTSBURG BOY
SENT TO AN ASYLUM
Journal Special Service.

Journal Special Service.
Pittsburg, July 2s.-Robert Nc
Knight, Jr., son of one Of the Oldest
families Of Pittsburg. who fred two
shots into his head on July l, and who
has since been in the Pittsburg hospital,
is to be removed to an insane asylum.
He has been examined by number Of
doctors and pronounced insane. Young
Knight suffered from nervous prostra-
tion for two years, which finally led
him to make the attempt on his life.
He still has the same desire.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
TWO NEGROES HANGED;
ANOTHER IN DANGER

Tampa. Fla, July 2s.-John Black
and viii Reagin were llynched by q
mob Of 200 men near Fort Gardner.
The negroes killed Ed Granger, white
turpentine operator, without provoca-
tion.
AT bridge crossing Peace river, a
mob halted the sheriff and posse and
took possession Of the prisoners. Both
were hanged.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
MANY HORSES BURNED
Darlington, N. D., Narrowly Escapes /:
General CONGREGATION.

General Confagration.
Special to The Journal.
Darlington, N. D., July 2S.-Fire
broke out in F. B. Keeler' s livery barn
lease forty horses that the barn con-
tanned, tho diligent work was done.
Twenty two horses and several buggies
were consumed. Loss on barn and con-
tents is estimated at $4,000, partially
insured.
The fire IS supposed to have been set
Ing in the hay lott. For For at time nest t
seemed as if the entire business part of
the town was doomed, but heavy rain
during the afternoon put out burning
cinders that blew over the business por-
tion. Fire protection is very limited
tho the city is now digging an artesian
yell Cor hester protection.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-07-28
PATENT ATTORNEYS

INVENTORS, ACKNOWLEDGEMENTS IN ALL
countries promptly obtained sold. leased, man
ufactured; models made; rs years established;
unexcelled reputation: inventors book free.
Address Patent Market, st. Paul, MINI.
WILLIAMSON & MERCHANT, PATENT Law
yers and solicitors; main Office, 925-933 Guar
anty building, Minneapolis, Mimi; So McGtu
building, Washington, d. c.