davidaulloa/AmericanStories huggingface dataset:
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21


In his valuable work on Eminent
Domain Mr. Lewis in speaking OF
this subject says: "Such has been
the common practice since the Reyo
luton, and the right to do so has
never been a matter of serious ques
don; and il may be regarded as set
lied law that it is solely for the legis-
lature to Judge what persons, cor
porations, or other agencies mas
properly be clothed with this power.
Lewis, I'm. Dom page 242
In this state the Legislature, in
the exercise of its discretion has
Judged Il proper to clothe companies,
corporations, and associations engag
ed in the business OF furnishing Pc
troleum and natural gas TO the citi
zens OF this state for consumption.
with the power of eminent domain.
while it has not as yet thought prop
ar TO clothe companies corporations
md associations not SO engaged with
that power II is not our province
10 inquire into the motives which
prompted the Legislature to grant this
power to persons engaged in furnish
ing petroleum and natural gas to the
people of this state, and to make no
such provision for those furnishing
them to The people of other states
Il is sufficient for us TO know that
under the authorities above cited
they possess the power to do so. and
that in the exercise of the discretion
Il possesses IL has done So"
What we have already said dis
poses OF the fourth position assumed
by the appelees. Under the fifth
position assumed BY the appellees A.
Is contended that the law in question
interferes with interstate commence
In that il prohibits the piping OF pc
troleum and natural gas out OF the
state. II may be that those who de
sire TO pipe petroleum and gas out
)l the state are hindered in theii
operations by the absence OF a stat
ute cOnferring on them the power ol
eminent domain. but we are unable
to perceive any interest they have n
the question as 20 whether those
piping petroleum and gas for domes
Tic use do or do not possess such
power The former are IN no worst
condition than they were before the
passage of the law under considera
ion. Ia other words. II Affects then
n no manner whatever How, then
can Il be said 70 Interfere with inter
state oommereeg
i. r. a. rs. 507-S
We believe that these cases and
the citations hereunder, firmly es
tablish the doctrine laid down thai
the granting of the right of eminent
domain is a matter within the dis
erection Of the soYereign or state AND
is subject 10 no control save the SOY
oroien viii of the State THIS doc
thine was expressly sanctioned IN
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21
Nyors y Aicdavock. 5 \ v. 5Nebl.

Myers VI AicGayock. s. r W. sNeb9,
522
HIGHWAYS.
The l.cglsieiure of the state repfe-
sents The people a. large ana has full
and paramount authority over al pub
lie WAYS and public places
Dillon Aiunlc. Corp, page G56-
Portland vs. r. r. Co. IA oregon.
1sS.
'rhe public corporation as the
trustee of the public, holds tbs legal
easemrtt and the easemeat is real
estate
Elliott ON Roads & Streets. 322.
The state usually delegates the
control OF The highways, streets, al
lies, and public ways to tho counties
townships. and cities but " can dele.
gate or reserve as much Of lhat con-
troll as in its discretion. seems the
proper thing to de; we. therefore
conclude
LIST. That the Stnte can charter OF
refuse to charter any corporation for
any purpose.
2nd. The State may prescribe the
terms upon which foreign corpora
tiOns may do business within its Dor
ders or refuse them or deny them any
rigfts within it's jurisdiction.
Bird That the State, as the sover
eign, possesses absolute control over
the granting OF the right Of emineni
domain and may give il to such per
sons as It may designate and refuse
it to all others.
4th. And this control is vested
solely in the state and is one OF th,
powers Incident to its rights to govern
and manage its internal affairs.
That the Legislature mas absolute
control. subject only to constitutional
restrictions, over the highways ant
public places within the state and In
delegating such control to the variou.
municipalities, it may prescris- tha
no right shall be granted upon the
highways to persons or corporations
engaged in piping gas from this state
Respectfully submitted,
JOHN J. SHEA,
CHARLES X. POE
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21
SHORTEST DAY OF THE YEAR
Az Ass aclntel Press.l


Washington, d. c., Dec s1.-Wintes
is at hand AstTOncmically Il Will
make it's appearance IN this vicinity
at l p. M. tomorrow, tie sun ana
earth at that time being in the mini.
mum point of separation.
Today. in the northern hemisphere
is the shortest day in the year. In the
southern hemisphere this is the long
est day in the year.
The seven days preceding and the
seven days following the shortest day
light of the year were called by the
ancients the Halycon Days" This
phrase. so familiar as expressive Of 9
period of transauillity and happiness
is derived from a fable that during
this period, while the kinefisher ol
halycon bird was breeding, the se5
was always calm According tC
poetic fiction, the bird was represent
ed as Matching her eggs in a floatins
nest in the midst Of waters.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21

CAN'T THROW OFF HIS CARES.
The mucous coating Of the stomach
and intestines has lost its power OF
seereting the gostric Juice Can import
ant factor IN digestion) the muscles
OF the middle coating are correspond
ingly hfeless IN grinding up the food
and as q result. the food lies IN yOui
stomach fermenting. poisoning the
blood, irritating the nerves and
breaking down the system.
Something must he done to arouse
the digestive organs to action
stuarts Dyspepsia Tablets alone have
been found capable OF digesting the
food for the unhealthy stomach They
contain diastase, pepsin and other d.
gestive agents which the stomach it
self possesses when in health Thess
gents digeht the food for the stom
lch and give the stomach a chance t.
'est and regain lis normal powers.
Stuarts Dyspepsia Tablet are not
. patent medicine. ihe formula foI
heir preparation having been made
public and known to 10000 physi.
iians in the United States and Great
britain. by government tests. Stu
irt's Dyspepsia Tablets have been
shown not only to contain no harmful
Ingredients. but to possess digestives
Il higher purity than found in any
ther preparations.
Stuarts Dyspepsia Tablets are rec
lmmended by physicians everywhere
md can be bought of any druggist OF
lireet from the manufacturers at So
,sats per box
II preferred a free trial package
viii be sent you Immediately upon
eceipt OF name and address, r. A
stuart Co, 70 Stuart Bldg Marshall
Mich
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21
In Praise Of chamberlain's Cough
Kennedy

There Is no other medicine manu-
actured that has received so much
praise and SO many expressions OF
gratitude as Chamberlain Cough
Remady. 1t Is effective. and prompt
relief follows its use. Grateful pa
'euts everywhere do not hesitate to
estify to it's merits for the benefit of
,thers. Il is a certain cnre for cronp
md will prevent the attack IL given
1t the first, appearance OF the disease.
Il is espec ttg adapted to children as
Il Is pleaa y TO take aud contains
nothing injurious, Mr.. = A. Humph-
reys. y well known resident and clerk
the store of Mr. y, Lock. Of Alice,
APE Colony. South Africa, SAYS; II
nave used Chamberlain Cough Rem
sdy to ward of croup and colds IN my
amily, found 4 70 be very salts
actory and Il gives me pleasure 70
ecommend it,' For sale by n B.
lille a Co.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21
No Opium in chamberlaln's Cough
Remedy.

There Is not the least danger IN
giving Chamberlain's Cough Remedy
% small children as IT contains NO
opium or other harmful drug. II has
IN established reputation q more
han thirty years as The most success.
'ul medicine in use for colds, eroup
md whooping cough. 1t always cures
and is pleasant to take. Children
ike It. Sold by f. B, Lille q Co.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21

IN the case OF The State OF Cah.
iornia vs. The Central Pacific Rall-
way Company. l27 z. s.. 40. speaking
through Mn Justice hradley. the Su.
pfeme Court of the United States,
said' A franchise Is a right, priYi.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21
Why Take
Business Home?

are Your Nerves Constantly strained
Wnh oronndless Wcrrles7
The cause OF this tense condition IS
in your stomach Your food does iiot
digest properly. Nine-tenths OF ~
dyspepsia and indigestion IS OF we
nervous type and the only certain
cure Is to right the cause lonlcs'
hraiu foods, bitters. etc, are mere
temporary stinsnlants Your stomach
and saal intestines have become de'
RAGGED BY improper selection ot iooos'
imperfect masticatiOn and irresn-
iarity both as TO time and amount oi
eating.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21
PARLIAMENTARY RECESS.
AN Asscolated press.

Ottawa, Ont. Dec. 21-The Domin-
ION parliament adjourned today for
Che customary holiday recess. IT will
reassemble January 8.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21

q. 81. 436. Mr. Justice White said,
7rnai the right TO De a state corpora
lion depends solely upon the grace
"a the state, Is settled
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21

DR. Melvin has maved his Office in
to the Dewey building Mr. Abel Will
occupy his former Office in the Fri
uinph building.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21
IN oLIcE coooRT.


In Judge Olsmth's court this morn
ing Norman Rufus, Black Strap and
Geneva Robinson cOlored were ar
raigned on a charge of being in a
house Of prostitution Each received
a sentence of ten days in the city jail
A Johnson paid a $40 fine for being
drunk
J. Warheld. coiored. was arrested
for keeping an immoral house. His
case was continued until the o'clock
afternoon session.
The city council met last night in
the probate eourt room but adj
iourned TO meet in the council cham
Der some night next week. trfs,
J. j. Abel Is having his store build
ing remodeled. He Is having the peti-
tions taken out Of The second story
and viii throw Il into one large room
which viii be 25xlo0 The front stair
way viii be removed and pat N from
The inside. This viii make floor
space of 5000 Square feet In the build
ing.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21
PILES CURED FROM 6 70 a DAYS.

, PAzo OINTMENT is guaranteed to
cure any case OF Itching. Blind, Bleed
ing or Protrudiag Piles in 6 TO Il days
or money refunded. soc.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-12-21

lcgc. or power OF public concern
which Oueft not be exercised by pri-
waite individuals at their mere Will
aud pleasure but should be reserved
fOr public control and administrator.
Under our system their existence and
disposal are under the control of the
Legislative Department of the govern
ment and they cannot be assumed
or exercised without legislative au-
ihority No private person can take
use, without such authority which
Is the same as 10 say. that the right
ol eminent domain can only be ex-
ercised by virtue of legislative
graut This IS a franchise
The granting OF such a fighi or
privilege rests entirely within the dss.
creti0n Of the state
Home Insurance Co. vs. N. Y, l3i
u. s.. 595.
Bank OF Augusta VS.. Earle, SS q.
s.. Jl9.
La Fayette Insurance Co. VS..
French, SO u s., 404.
Ducat vs.. Chicago, a u s., 40.
Now, a grant OF corporate ex.s-
tence is a grant of special privileges
to the corporators. enabling them to
act for certain designated purposes
as a single individual. and exempting
them. tunless otherwise specially
provided) from individual liability
The corporation being the mere crea.
tiun of local law, can have no legal
existence beyond the limits OF the
scsereignty where created AS said
by this court in Bank VS. Augusta,
Earle "It must dwell I'm the place OF
its creation, and cannot migrate to
another sovereignty" The recogni-
ton OF It's existence even by other
states, and the enforcement of its
contracts made therein, depend pure
~ upon the comfy OF those states
IA comfy which Is never extended
where the existence of the corpora.
ton or the exercise OF It's powers are
preiudicial to their interests or re.
pugnant to their policy Having no
absolute right Of recognition in other
states, but depending for such recog-
milton and the enforcement OF its
contracts upon their ascent it follows
as matter OF course. that such as.
sent may be granted upon such terms
and conditions as those states may
think proper to impose. They may
exclude the foreign corporation en-
tirely; they may restrict its bilsi.
ness TO particular localities, or they
may exact such security for the per.
torrance of it's contracts with their
citizens as in their Judgment viii best
promote the public interest. The
whole H,atter rests in their discre
ton"
The Montgomery advertiser., 1906-05-06
TROY IS ENLIvENED
SHOOTING IN BARBER SHOP FILLED
 WITH CUSTOMERS,
Two WIeIders of the Razor Have Fall- ing Gut Over Dollar Bet On Hall Game--one Man
 Wounded.

Troy. May 5.--(Special. )-consider- able excitement was caused this morn- ing about half past eight o'clock by a shooting scrape in Tom Smiths bar Der shop located on one of the busiest ,thoroughfares of the city.
 Tom Smith and Wallace Stinson the latter a young barber who works in another shop, made a bet yesterday af- ternoon on a base ball game. Smith told Stinson he would bet him the dol- ar he held in his hand, which was a Mexican dollar. When Stinson won the bet he insisted that Smith should make the Mexican dollar good which smith refused to do This morning fit is alleged Stinson came to the door of smiths barber shop and demanded that smith make the money good and when smith refused, he began firing on him with a revolver and emptted his pistol at Smith. The chairs were full of cus- toners. who. unable to get out of the door. endeavored to conceal themselv- es as well as they could from the fly ing bullets.
 smith was struck by one ball and suffered only a flesh wound In the calf of his leg. o.,
 the streeet but was captured by a policeman, who had been attracted by the shooting. He was locked up in the cjtv prison, but afterwards was turn ed over to the sheriff and was carried before Justice of the Peace O. Worthy for preliminary hearing. He was hound over by the justice of the peace under a $500 bond to await the action of the next grand jury. He made bond and is at work again. smith was carried home and Is report ed to be resting easiy.
 Denutv Collector w. F. Russell and T,enutv A. J. Collier returned from Cof- fec County yesterday, from a success fuI raid May g. they raided an illietit djstilIerv near George, in Coffee Coun- " said to belong to Jack Halstead, and destroyed a complete aParatus May 3, they raided an illicit dlstillery near the sa ne most office in Coffee County. said to belong to J. T. Taylor. destroy. ed a compete apparatus. Both men were arrested by Deputy Marshal A. [ Collier and brought to Troy before limited states Commissioner c. S. Tut wier. They were arraigned and bound over under a S2OO bond both to await the action of the next Federal grand jury.
The Montgomery advertiser., 1906-05-06
SHUGART MAY DIE
DOCTORS DECLARE THERE IS LIT
 TILE HOPE.
Efforts win Be Made By Attorneys for Haynes to Secure His Release on Writ of Habeas
 Corpus.

Birmingham, May 5.--tSpecial. J. The shooting affray in the Peerless Sa- loon last night in which Thomas G. Hewlett was killed. John T. Shugart the well known lawyer. was Iataiiy shot, and three other men were slight iy injured, and for which Harry Haynes is in the county jail charged with mur- der, was the topic of conversation to- day.
 Coroner Paris summoned jury last night and today took down large amount of testimony. Attorneys for the defendant made effort to get Into the room where the testimony was be- ing taken before the coroner's jury, but they were not admitted.
 John T. Shugart was carried to an infirmary, and operated on. The phy- sicians early today announced that there was but little hope for his re- covery.
 place tomorrow from the residence Of his sister on Fifth Avenue. It Is un- derstood that steps will be taken short- ly, perhaps Monday or Tuesday, to se- cure Haynes's liberty on habeas corpus proceedings. A large number of friends of Haynes called at the county jail to see the prisoner.
 his order closing the Peerless Saloon until a full investigation had been made The Mayor issued the orders last night and did not feel inclined to change his first order.
 John T. Shugart's family was by his bedside all day. A son living in Dep- yer, Col, was telegraphed, and he IS now speeding on his way tp Birming-
 The other three men who received slight injuries are not inconvenienced much
The Montgomery advertiser., 1906-05-06
strnIrn nf Pnrnlvnin.

D. M. B. Hassler, one of Pratt City oldest citizens, Is seriously III at ms home on East Highlands. He has been quite feeble for two years and for th ] last six months has been unable 10 leave, his home He had not been feel ing well for several days and yester- day he sustained stroke of paralysis and since then has been almost uncon- scoius MT. Hassler IS nearly 80 years old and his recovery can hardly De ex- pected. He is a Confederate veteran And it was for him that Camp Hass- Ter, Sons of Confederate Veterans, was named. For many years he has 1ee9 quite an active member of Camp FIsa leading real estate dealers at thls place Tn the D. M. B. Hassler real ea- tate firm. He has two sons ana seV- eraI faughters, all of whom reside Tn this district, except his youngest dauRhter. who lives in Florida.
The Montgomery advertiser., 1906-05-06
NOISE ABOUT CHURCHES.
Attention of Street Railway Called to
 an Ordfuance.

On account of noise by drays. street cars and other vehicles which have served to disturb chuch services, seri- ous protest has recently been made by a number of ministers of Montgomery to the police to have the noise nuisance abated.
 The attention of General Manager W. H. Ragland. of the Montgomery Traction Company was called to an or dinance passed May 10. 1904. in rela- tion to noises near churches, by let ter from the Police Department yes- terday. The ordinance was aimed ITO prevent the interruption or disturb ance of religious worship in the church. es of the city of Montgomery.
 The law imposes fine of from $1 to S1o0 on any person convicted of ring ing a street car gong within 100 feet of church, or of passing any church at d speed greater than fouT miles per hour. A like fine is placed upon any one driving vehicle within 109 feet of a church faster than walk.
 The police have announced their in- tention of enforcing the ordinance.
The Montgomery advertiser., 1906-05-06
DEATH OF M. HI. JOINER.
We'll Known and Popular Young Man
 Of Tulfadegn.

Talladega, May 5.-(SpeCIaI.) )-Mas rion Harvey Joiner. one of Talladega's 8 best known young men. died this morning at 8 o'clock at the home of his parents, Major and Mrs. G. A. Joiasr. He had been i'll four weeks and his death Is keenly felt by large circle of friends He was a genial. whole souied young man with an ex- ceptionally bright mind. The funeral services will be held at the family res- ldence tomorrow morning at 9:so o'clock.
 H. M Atkinson, president. and P. P, Arkright, vice president of the A. B. and A. Railroad have spent sev- eral days in Talladega and vicinity looking over their interests here. Be- sides the railroad which is now under construction here. they own Talladega real estate and are largely interested in the Talladega Marble Company, of which Signor G. Moretti Is the man. ager.
The Montgomery advertiser., 1906-05-06
Rnnnuef tn Fnirhnnkn.

Many persons are procuring seats Tor
 the banquet to be given in honor or Vice President C. w Fairbanks on the occasion of his visit to the general con- ference of Methodists, Friday, May H. The feast will be served at the Hillman Hotel and covers for several hundred charge of the Commercial Club. and every one taking part is expected to communicate with Secretary Babb as early as possible. It is not necessary have an invitation. All that is neces- sary Is for those desiring to meet the Vice President is to communicate with
The Montgomery advertiser., 1906-05-06
xU,,I nsa,cnte Church.

The New Methodist church at Mt Verncn, North Birmingham. will be dedicated tomorrow morning and Bish- op Charles B. Galloway. will preach the dedicatory sermon. It is one of the strongest smaller churches in the Bir-. mingham district and the members Of the conRregation have arranged fitting exercises for the dedication.
 The Mt Vernon church was built through the efforts of Rev. J. w. Johnson about eighteen months ago. and is very pretty in design. It IS IS huit of white brick and is finished in splendid taste. The gallery is especial Rev H. M. Dobbs is the pastor at present and 1t wos thought his influ, ence that Bishop Galloway consented to preach tomorrow.
 Bishop Galloway Is a noted u1ySS advocate | 2 of the small church ana ms serslHn terdntine a'
 The ladies of the church, church haze haNsran aT- m, and have secured several well known vosaiists to assist in the e, SeFy59des Jyniversitv. will preach at the evening service, which will begin at O'CLOCK
The Montgomery advertiser., 1906-05-06

lodge officers and standing commit tees. thus bringing the total repFeseu- tation to over 200 under the proposed district plan. It means that before the next session of the grand lodge there will be over 10000 Odd Fellows in good standing within the jurisdic- ton of Alabama, and under the pres. ent system the expense of the grand lodge would range from e10.000 10 $14.0o0 annually. The. proposed dis trict plan means a reduction of this expense to about -one-half. It means that if the grand lodge, in it's wisdom. should see proper to reduce the per capita tax from 30 cents, as at pres ent. to 40 cents. there would be ample 20,OOO members at 40 cents. Ss,000.
 It means that if the grand lodge cents for general purposes 1t could. If 1t should see it. change the present plan of providing a sinking fund Tor the odd Fellows home and provide for
 special per capitaa aOe tax of ls gents is cents would give the home ss.O00 an- nually.
The Montgomery advertiser., 1906-05-06
Rantinta to Meet.

The fifty-first session of the South ern Baptist convention meets in Chat tion of at least one hundred and fifty persons will go from Birmingham. leav- ing here over the Alabama Great South of the Baptist pastors and many of the active members of the church will go. including members of the women's so- cieties and members of the Baptist Young Peoples Union. The Woman's Missionary Union will meet on May 10, one day before the opening of the con- vention. The Baptist Young Peoples
 it is expected that no less than three to four thousand delegates and visitors yention.