davidaulloa/AmericanStories huggingface dataset:
Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-02-22
proceeding, he declared the purpose

proceeding, he declared the purpose
of the act to be ito compel the car
rier as public agent to give equal
treatment to all" He added:
Now II by the mere fact of pur-
chasing and selling merchandise to be
transported, carrier is endowed with
the power of disregarding the pub
lished rate, It becomes apparent that
the carrier possesses the right to
treat the owners of like commodities
by entirely different rules. Interpret
ing the prohibitions of the statute us
1t is contended they should be, it
would follow that every individual
would be bound by the published tariff
and the carrier alone would be free
to disregard It, Thus the statute,
while sub1ecting the public to the pro-
hibitions, would exempt the carrier
and would thereby enormously in
crease the opportunities Of the latter
to the wrongs which the statute was
enacted to prevent,
And the considerations previously
stated serve also to demonstrate that
the prohibitions Of the act to regulate
commerce concerning undue or I'M
reasonable preference or advantage
of rates. This must be the case in
order to give vitality to the prohibi.
tons Of the interstate commerce act
against the acceptance at any time by
a carrier Of less than its published
rates"
In conclusion Justice White upheld
the decision Of the court below In de-
claring that both the contracts made
by the Chesapeake G Ohio with the
New Haven were contrary to public
policy and void because in conflict
with the prohibitions Of the act to
regulate commerce.
Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-02-22
suppress oamblIng I'm Terrltorle.,

Suppress Gambling in Territories.
Washington, Feb. 20.-A bill was
passed under suspension Of the rules
requiring a t~o-thirds vote-in the
house Monday, making gambling UNI
lawful in the territories Of the United
States, including Arizona, New Mexi-
co, Oklahoma. Indian territory and
Alaska, The bill was directed particu-
larly at Arizona and New Mexico
where It is stated gambling was licens-
ed.
Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-02-22
THE LAW HELD Good.
Supreme Court Declares Railroads
May Not Discriminate.
CARRIERS CAN NOT BECOME DEALERS.


Washington, Feb. 2O.--Justice White
Monday delivered the opinion of the
Supreme Court of the United States
in the cases Of New York, New Haven
& Hartford railroad company versus
the Interstate Commerce Commission
and the Interstate Commerce Commits
sion versus the Chesapeake & Ohio
railroad company affirming the decis-
ion of the United States circuit, court
for the western district Of Virginia
The cases involved the question Of
discrimination in freight rates on coal
by the Chesapeake & Ohio in favor Of
the New York, New Haven & Hartford
road as against other shippers. The
decision was against the railroad COM
pany.
The decision dealt with the question
of discrimination by railroad compa-
MES and 1t was apparent that 1t was
intended to have general application
to questions receiving attention at
the hands of the public. Justice White
said that to permit carrier to become
a dealer In the commodities carried
by It would be to supply a means for
the perpetuation Of evils which the
interstate commerce commission Is
intended to remedy.
Putting aside for the time all other
questions Justice White took up the
case as 1t appears under the Interstate
commerce law and stated the question
to be decided to be the following:
Has a carrier engaged in interstate
commerce the power to contract to
sell and transport in completion Of
the contract, the commodity sold, when
the price stipulated In the contract does
not pay the cost Of purchase, the cost
of delivery and the published freight
Tates?"
Justice White said there were prac-
tically no previous decisions of the
court to quote as presidents because
heretofore the features of the inter-
state commerce law dealing with dis
ordinations, rebates and favorltism,
have not been involved in cases in
the court. ut can not" he said "be
challeged that the great purpose of
the act to regulate the commerce,
while seeking to prevent unjust and
unreasonable rates, was to secure
equality Of rates as to all and to de-
stroy favorltlsm Now, In view of
the positive command Of the sec
ond section OF the act, that no
departure from the published rate
shall be made. directly or indirectly,
how can II in reason be that a carrier
may take itself from out the statute
In every case by simply electlng to.
to be dealer and transport a commod-
fly in that character? For, Of course.
II carrier has a right to disregard the
published rates by resorting to a par
ticular form OF dealing It must follow
that there is no obligation on the part |
Of a carrier to adhere to the rates, be-
cause doing 50 IS merely voluntary.
The all-embracing prohibition against
either directly or indirectly charging
less than the published rates shows
that the purpose Of the statute was to
make the prohibition applicable 70
every method Of dealing By a carrier
By which the forbidden result could be
brought about. J
Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-02-22
FAVORS LOCK CANAL.
Report Of Consulting Engineers
Transmitted to Congress.
SEA LEVEL PLAN TOO EXPENSIVE.


Washington, Feb. 20.-Presidenl
Roosevelt Monday transmitted to con
gress the report Of the board Of con.
sulting engineers on the Panama cana
together with the letter of Secretary
Taft, the report Of the isthmian cana
commission and letter by Chief En-
gineer Stevens. The letter of the pres
ident In part is as follows:
Il submit herewith the letter Of
the secretary Of war transmitting the
report of the board of consulting en-
gineers on the Panama canal, and the
report of the Isthmian canal commits
sion thereon, together with letter
written to the chairman Of the 18TH
milan canal commission by Chief En-
gineer Stevens. Both the board Of
consulting engineers and the canal
commission divide in their report
The majority of the board Of con-
sulting engineers, eight in number in
Guiding the five foreign engineers, ia
vor a sea-level canal; and one member
Of the canal commission, Admiral
Endicott, takes the same view. Five
Of the eight American members Of
the board Of consulting engineers and
i've members Of the Isthmian canal
commission favor the lock canal, anG
so does Chief Engineer Stevens. The
secretary Of war recommends a lock
canal pursuant to the recommendation
Of the minority of the board Of con.
sulting engineers and Of the majority
Of the canal commission. After care
full study Of the papers submitted and
full and exhaustive consideration OF
the whole subject | concur In this
recommendation
A careful study Of the report seems
to establish strong probability that
the following are the facts: The sea-
level canal would be slightly less ex-
posed to damage in the event Of war;
the running expenses, apart from the
heavy cost Of interest on the amount
employed to build 1t would be less On
the other hand, the lock cannal at
level of so feet or thereabouts would
not cost much more than half as
much to build and could be built in
about half the time, while there would
be very much less risk connected with
building 1t, and for large ships the
transit would be quicker, while, TAX
ing into account the interest on the
amount saved In building. the actual
cost OF maintenance would be less
After being built it would be easier to
enlarge the lock canal than the sea
level canal Moreover, what has been
actually demonstrated In making and
the great lock canal, the
500, more important artery Of traffic
than the great sea-leyel canal, the
suez, goes to support the opinion Of
the minority Of the consulting board
Of engineers and Of the majority Of the
Isthmian canal commission as 10 tho
superior safety, feasibility and desir-
ability Of building q lock canal at
Panama
The law now on our statue books
seems to contemplate a lock canal
In my Judgment q lock canal e here
In recommended q advisable II TIE
congress directs that 4 sea-lsvel canal
b constructed. IT, direction Will q
oourss, b carried out otherWirs TIE
-an.i Hul d ABnLpn substantially ths
Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-02-22
CUTTCURA- THESET, ST..
cOmpIete Treatment for Every
humor from PimpIes
to Scrofula \

Battle the affected parts with hot
water and Cuticura Soap, to cleanse
the surface Of crusts and scales and
soften. the thickened cuticle; dry,
without hard rubbing, and apply
Cuticura Ointment freely, to allay
itching, irritation, and Inflammation,
and soothe and heal; and, lastly, take
Cuticura Resolvent Pills to cool and
cleanse the blood. A single set, costing
but one dollar 3 often sufficient 70
cure the most tortlring, dis6glring,
itching, burning, and scaly skin, scalp,
and blood humors, with los Of hair,
from infancy 70 age, when an Slse failB-
cuasg-s B,ap - Ql.lnl.. ~ h-.-ir.-s ~ n
$40 clsllii oslIt - ~ - - = - - ~
49, - v..ia rons nl1T ~ ca ccIl-
- -. a. -. : cus T-susa.t Diasusus
Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-02-22
prots.t AraIn.t pa oro,.. v.ral.,.

~ Sfo"e NeruAet'
Omaha, Feb. 20.-Nlore than 400 OF
the most prominent women 10 Omaha
at a meeting Monday afternoon adopt-
ed resolutions protesting against the
verdict In the case Of Pat Grove, who
vas last week acquitted OF the charge
OF robbing E. A. Cudahy of SIS. 0Oo
through the kidnapping Of the Iatters
son Eve years ago. This Is said TO BE-
he preliminary TO a general mas
meeting Of citizens to take similar a.
ton.
Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-02-22
NO 1nti-FOTeiEn Feeling There.

NO Antl-FOrcign Feeling There.
London, Feb. ia dispatch to
Reuters Telegram company from
Shanghai says: Nothing is known
here of conditions requiring the dis
patch Of United States troops to China
There is no marked anti-foreign feel
ing in northern or central China.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17
Local Weather Data.
COTTON CONVENTION.
Cotton Journal of Atlanta Talks of the
Coming Event.

The Cotton Journal of Atlanta, Ca,
has the following to say about the meet
ing of the Southern Cotton association
to be held in Birmingham in January:
1.-THE annual meeting of the executive
committee and the general convention
be Held in January at Birmingham,
which, through a committee from the
Commercial club. consisting of Messrs.
w. D. Nesbitt and Joseph B. Babb. Sc
cured the convention. The former body
will convene the 18th, to last two days,
and the latter the 18th, to run three
days. 1t is believed that the convention
will be attened by anywhere from 5000
to 10000 people, and that the association
will gain a tremendous new impetus from
the January, 1907 convention.
1T is entirely fitting that the asso-
citation which represents part of the best
blood and brain of the south and which
is doing noble part toward the economic
independence of our people. should meet
In the Iron City, which Is one of the
proudest monuments of southern indus
trial achievements. For after making due
allowance for all that has been done by
outside men and foreign capital, the fact
remains that Birmingham is essentially
southern city, as much so as Atlanta,
or Memphis, or New Orleans, and every
southerner can be proud of it's achieve
ment. Not content with the great his
tory made during the last thirty years.
the people of Birmingham are now striv-
ing for primacy. Nothing else will satisfy
their vaulting ambition than first place
in Dixie. 1t Is no disparagement of other
cities to say that they have got to do
great things If they would maintain a
lead over the Magic City, which has
grown to greatness in less than a gen.
Grafton
From Mr.. Babb, the efficient secretary
of the Commercial club, we gather some
information that Is really startling as to
the growth of Birmingham. Thus, 1900
dwelling houses have been built since
1900. The monthly payroll of the indus
tries represented amounts to $4,000, 900
monthly, or s4S,OOOoOO per year. New in
yestments and Improvements for the past
twelve months represent an outlay of s22,-
100000. Increase of population in one year.
10000 Present total population, 10000
Bank deposits, $17.OO0.OOO. Assessed valua-
ton of property, 100000 (for the coun-
ty). Estimated present population of
county, 215.000, or nearly one-tenth the
population of the state. Truly a Magic
City May 1t grow and prosper in all
right ways
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17
PERSONAL.

Henry Arnold, a prominent lumber
dealer and manufacturer Of Cullnian, was
in the city yesterday.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17
THE PASSION PLAY.

Those desiring to see the Passion Pay
can see this renowned play at the Eoi-
sonia, Brown-Marx building.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17
NO MORE THIRST ON
OUR ELECTION DAYS
Law Prohibiting the Sale of LisN.o, at
Election Time Declared
Unconstitutional.

The decision handed down by Judge
Feagin in the police court yesterday
morning comes just too late to make
much difference to the public generally
at the present time but with many it
would have been a welcome decision a
couple of weeks ago. The law forbidding
the sale of liquors on election day has
been declared unconstitutional and, there
fore, null and void
The circumstances under which the de-
cision was rendered are worth relating.
On the day after the election, to-wit.
November Z, Charles Hancock appeared
in the police court of the city of Bir-
mingham on a charge of violating section
sO5 of the city code of Birmingham, which
prohibits the sale of liquor on election
day and the day preceding election day.
The defendant Hancock had engaged
Judge B. M. Allen to defend him and all
being ready, the case was tried.
The defense made by Judge Allen was
that the section sos of the code of the
city of Birmingham was based upon Sec
ton 1898 of the criminal code of the
state of Alabama, which reads:
"Any person who sells or gives away
any spirituous, vinous or malt liquors
during the day on which any election
is held in this state, or on the day pre-
ceding, must on conviction be fined and
imprisoned at the discretion of the court"
Judge Allen drew the attention of the
court to the fact that the section quoted
did not set forth the degree or extent
of the punishment which followed con-
viction of the offense and that the omis-
sion was a fatal defect In support
of his views, Judge Allen introduced
the decision of the supreme court of Ala
bama in the case of Johnson vs. the
state, in which Chief Justice Mcclellan
said: 1.-The act, in other words, creates
an offense, but 1t fails to affix any GER
tain punishment. The court being unable
to certainly impose an authorized punish
ment was not authorized to impose any
punishment. Judgment rendered is re-
versed and decision held for naught"
The decision rendered by Judge Feagin
not only discharges the defendant Han
cock but also provides work for the leg
islature to amend the statute.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17
ALUMNI BANQUET LAST
NIGHT BRILLIANT AFFAIR

The second annual banquet of the Bir-
mngham alumni Of the University Of
Alabama was given In the banquet hall
of the Hotel Hillman last night, and was
a most successful affair. About 200 guests
among them many out-of-town alumni.
assembled at the tables where good cheer
and good fellowship held undisputed
sway for several hours.
AS the train from Tuscaloosa, bearing
the University Glee club and a large del
egation, both from Tuscaloosa and the
university, was two hours late, it was
decided to wait until their arrival. In the
meantime business meeting of the Bir-
mingham Alumni association was held in
the palm ROOM There was an election.
]. Q. Smith, 100, was unanimously re-
elected PRESIDENT Isham D. HOODS. co.
was elected vice president; NJ. NJ. Bald
win was reelected secretary, and Paul
Savage was elected treasurer.
The belated guests reached town at .
O'clock and Immediately hurried to the
Hillman to attend the festivities. The Bir-
mingham alumni banquets are given each
year on the eve of the football game be-
tween the University of Alabama and Au-
burn and football ENTHUSIASM was much
in evidence last night. Gen. W. w. Bran
don, state auditor-elect. of Tuscaloosa,
was POSTMASTER. He presided in his usual
graceful and eloquent manner, introduce
ing each speaker with flourish of ora
tory that invariably ION applause Gen
eral Brandon was in his happiest vein.
The printed programme, with speakers
and the toasts to which they were expect
ed to respond. was as follows:
Prayer the Rev. DR.. J. A. Duncan; re-
marks by the POSTMASTER; 1.-THE Univer-
sity Glee Club" Tom Garner; Alabama"
Governor B. B. Conner; "The Alumni in
the Building of the University Presi-
dent John w. Abercrombie of the uni
versity; "Our Sister College" President
Charles C. Thatch of Auburn; The
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17

Greater University" Robert Jemison;
charlottesville Enemy Of the Treasury
Surplus" Congressman Sidney ]. Bowie;
"rhe University's Unfinished Product"
Harry McNeer OF; THE University's
Finished Product" Judge Terry Richard
son of Montgomery, 96; "The Ladies'" L.
c. Dickey; Athletics, Glee Clubs and
College Life Generally" Dr. Z. F. Buch-
ner of the university faculty; Forecast
of Tomorrow's Came" for Auburn, by
Joel F. Webb, for Alabama. by Judge
James ]. Mayfield of Tuscaloosa THE
Political Gridiron," by sundry politicians
who felt inspired to talk.
Mr.. Conner being absent. Lieutenant
Governor Henry B. Gray took his place
and made a characteristic talk DIR.
Thatch was also absent and his place was
left vacant on the programme. As Rob-
ert Jemison was i'll In bed Hill Ferguson
responded to the toast, THE Greater Uni
versity," explaining what was planned
for the future of the university and the
urgent need of funds. Mr.. Dickey paid a
scholarly tribute to the ladies, which won
closer attention than perhaps any other
speech of the evening, although all the
talks were made in a spirit that was well
suited to the occasion.
The viands, drinks and cigars were all
that could be desired, and the banquet
was carried through without a hitch
other than the unavoidable delay due to
late train. Birmingham alumni. who got
up the banquet and deserve all the credit
for its success are, Isham ID. Hobbs, chair
man: Paul Savage, r. r. Clark, Hill Fer
guson. NJ. M. Baldwin and John s. Ken
nedy.
The University Glee club, under the cap
able direction of Tom Garner, added much
to the pleasure of the evening by num-
Der of college songs, which were well
sung and won rounds of applause. The
Glee club is a strong organization, and
is well trained.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17
SUPPLY OF OYSTERS
CONTINUES LARGE
FISH is FRESH AND VERY PLENTl-
FUL-cHICkENS AND EGGS ARE
QUOTED UNCHANGED, BUT BUT.
TER is HIGHER.

Trade in the local retail fish market
during the past week is reported to have
been very good. The cool weather has
made conditions fine along the coast and
very little trouble was found in keeping
the fish fresh. For this reason the finny
product on sale has been exceptionally
good.
Oysters continue to arrive daily in great
plenty. The bivalves now, while not es-
pecially large are fat and we'll favored
Quotations are unchanged in the retail
market, selects selling for 70 cents per
hundred and plants ranging in price from
81 to $3.50 per hundred, according to the
grade. There are very few Virginia oy-
sters on the market The Burwick Bay,
La, plants are the best bivalves obtain
able in Birmingham. They are quoted at
$3.50 per hundred
The price Of chickens and eggs today
will be the same as on last Saturday.
Eggs will retail for 80 cents per dozen
and chickens from 80 to so cents. The
price of butter was advanced to 35 cents
on Morris avenue yesterday and in all
proba bility 1t will retail today for about
40 cents. Turkeys are more plentiful but
are quoted at the same price as on last
Saturday. They are worth 20 cents n
pound on foot and % cents a pound
dressed.
The retail grocery market is said to
be active Large sales are reported and
there is a steady demand at the prevailing
prices.
Fruits and Vegetables are scarce.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17
DIR. ISAACS SPEAKS
AT TEMPLE EMANUEL
Large Audience Was Entertained BY
His Lecture on the Priests
Benediction.

The congregation at Temple Emanuel
last night seemed to greatly enjoy the
lecture of DR.. A. s. Isaacs of the Uni
versity of New York on 1.-THE Priests
Benediction.
The attendance was large and Dr.
Isaacs is said to have SO clearly and
logically developed his subject as to at
tract the closest attention and to leave a
new impression of this old subject upon
his audience.
1t was found necessary to postpone the
lecture on the subject announced for last
night. but DR.. Isaacs will deliver that
lecture, AN Evening With Heine," Sun
day night, and Rabbi Newfeld, at whose
invitation the distinguished orator speaks,
is especially DESTROYS that all who are
interested in the great German poet will
be present. The public in general is in
yited.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-17

had found nothing abnormal except that
he was restless and irritable.
Witness then related the result of the
memory test and the means used to
make the test, He said he asked Chisolm
who was President of the United States
during the civil war, who was President
of the Confederacy, who was principal of
the High school when he (Chisolm) at
tended, who was cashier of the bank when
Mr. Barker was president, and what
were Mr.. Bars initials, to all of which
questions he stated he did not know; that
he (witness) asked him his own age. his
fathers age and how many years he
worked in the bank, which questions ne
answered truly and intelllgently that he
tested his nervous system by tapping his
knee joints and ankles and touching the
skin in parts with a pointed instrument;
that he tested the pupils of his eyes in
examining him for organic brain disease;
that the result of the examination was
that although Chlsolm was irritable and
nervous his physical condition was all.
right Witness stated that there was moth
ing in the situation or condition of the de-
which would cause a loss OF memory
such as he showed. Judge Jones asked
the witness If he believed Chi3olm was
sincere in his answers when he said he
did not know who was President dur
ing the civil war and did not know the
answers to the other questions; the wit
ness turned to the judge and said, II am
sorry, judge that l believe the answers
were not sincere
Captain White cross examined the wit
ness, who said that he owned a small
amount Of stock In the First National
bank, and that his father was chairman
Of some committee or board in the bank,
something in the loan department.
Testing Witness Memory.
Captain White: you say, doctor. that
the defendant was not sincere when he
said he didn't know who was President
of the United States during the civil war;
I'll ask you who was vice president dur
ing the civil warp
Witness: II don't know
Captain White: "Who was Mayor Of
Birmingham when you attended school
here?'
Witness / don't know"
Mr.. Bradley: I'VE object to this examln-
alton. 1t has nothing to do with this case;
1t is irrevelent and immaterial"
Judge Jones: II think so myself"
Captain White: IF the court pleases,
this witness has undertaken TO say that
Chisolm was not sincere In his answers
when he said he didn't know who was
President during the civil war; now we
want to test his memory upon certain
subjects because there Is no doubt about
his sincerity"
Mr.. Bradley: Certain matters are mat
tiers of public knowledge. but not such
matters as Captain White inquiries
about"
Judge Jones said he would permit the
questions to be asked. as the jury was
competent to value them at their worth.
Witness said that Dr. Searcey did not
belong to the modern school upon the