davidaulloa/AmericanStories huggingface dataset:
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27
THE DUPLEX AND DUPLIcIToUS
DRAINAGE AMENDMENT, ETC.

To the Editor Ocala Banner:
Error ceases to be dangerous when
reason is left free to combat it"
To enable the state of Florida to
construct the necessary levees and
drains, to reclaim the swamp and
overfiowed lands therein-the whole
of the swamp and overfiowed lands,
made unfit thereby for cultivation
and remaining unsold on or after the
18th day of September, A. ID. 1850,
were granted and belong to the state
of Florida; and that patents for said
land were issued to said state, con-
veying to said state the fee simple IL
tie to said land. The fee simple title
is vested in the state of Florida, in
it's sovereign capacity and to no inte-
grail part of this Independent sover-
eighty. The title did not vest in the ex-
ecutive, in the legislature nor in the
judiciary of said state.
Who or what is the state? Is the
internal improvement board the
state? Is the board of drainage COM
missioners the state? Can the state
divide itself into petit sovereignties
and at the same time farm out any
part of it's taxing power to these petit
sovereignties under whatever name
they may be called? Would this be a
republican form of government with
in the meaning of the constitution of
the United States?
The power to tax is the power to
destroy and it matters not whether
the destruction is immediate or comes
by slow and gradual progress. Abuse
is the stalwart and voracious child
of power and privilege.
The whole of the swamp and over
flowed lands, made unfit thereby for
cultivation, were granted to said
state to reclaim the same and make
fit for cultivation and for no other
purpose and not for the purpose of
establishing system of canals and
other channels of commerce. The
step is short one from a system of
canals to a system or schedule of
tolls to be paid for use of the canals,
for without the tolls or some other
method of taxation to keep the canals
open and ready for nes, the lands in
short time would revert to their
former condition-swamp and over
fiowed-and the people would become
swamped and overfiowed by system
of unjust and inequitable taxation
More anon. WIREGRASS VOTER
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27
How Uncle Sam Levies Taxes.

One striking feature of the internal
revenue laws is that they never look
to quality or value, but always to
quantity. The tax on 1000 cigars is
So, no matter whether they are Pitts
burg stogies" or the Key West brand
whose retail value is, say 25 cents
each. The tax on a "Pittsburg stogie'
is about one-fifth of the retail value;
it is less than one-eighth the value of
the Key West cigar. The country
plowboy who comes to town Satur-
day afternoon and invests five cents
in a package containing three che
roots pays as much tax into the treas
ury of the United States in making
his purchase as does the fellow who
buys three cigars for a dollar. The
tax on the cheapest twist tobacco is
six cents pound; it is the same on
the best grade of fine-cut. 1t is about
one-third the retail value of the twist
it is about one-twentieth the retail
value of the fine-cut. On a barrel of
common beer" worth four dollars the
tax is one dollar; on a barrel of the
best grade of ale, porter or beer worth
twelve dollars the tax is still one dol
lar. The man who buys a quart of
Georgia corn whiskey for fifty cents
pays twenty-five and one-half cents
for the whiskey and twenty-seven and
one-half cents tax. A quart of eight
year-old Kentucky bourbon, worth at
retail one dollar and half, has paid
but twenty-seven and one-half cents
tax, the other dollar and twenty-five
and one-half cents being the value of
the goods over and above the tax. The
negro frequenter of the New Orleans
''honky-tonk" pays as much tax to the
government in the purchase price of
the "booze" consumed by him in
night of wild debauch as does the
SWEETEST New York millionaire in an
evening spent at his club.
("Pale death enters with impartial
step the cottages. of the poor and the
palaces of the rich!" Likewise the
internal revenue tax-gatherer, equal
ly as certain as death, makes his de-
mands on the rich and the poor. But
he comes in such way that he is
not recognized, and not one time in
every million does the man who bears
the burden of the tax know when he
is paying it.-David A. Gates, in Ma
tional Magazine.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

them before him, have separately up
held the will as against the assaults
made upon it, we are confident, after
most careful study of the records,
not only that Mrs. Dodge had at the
time of making the will the requisite
mental capacity, but that her mind
was above the average in strength
and clearness, and that she was not
unduly influenced by Mr.. Mcdonald.
For the courts to set aside will
upon the facts in the record would
be to unduly impair the power given
by the legislature to make wills.
I'VE find no reversible error in the
admission or rejection of evidence. A
broad, in fact, too liberal latitude,
was allowed the contestants in the
introduction of their evidence, but as
to this they cannot complain.
Had the courts found other than
they did, we would have felt called
upon to interfere, but as they found
correctly, the decree of the circuit
court, in affirming the order of the
county Judge, is itself affirmed"
Mrs Dodge, together with Mr.. Cul-
lens. owned and managed the Wind
sor hotel. JEFFERSON BELL.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

Archie Ingram, Charles Moody,
Sam Ditto, Raiford Ditto, James
Dobbs, Carl Dodson, Claude Laveron,
Ed Crossett, Karl Weihe, viii Emini-
ger, Walter Hawkins, ID. l.. and Earl
Mark, John King, Maurice Jarrett,
Will Hafele. r. L. Harper, John r.
Dewey and Henry Chace are all
succeeding in their various avoca-
tions.
The "Ocala colony" in Jacksonville
are helping largely towards the de-
velopment of this rapidly growing
city and their friends and acquaint.
ances in ocala have every reason to
be proud of their achievements. They
all stand well and have the high re-
gard of the people amongst whom
they have cast their lot.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

BY decision filed Tuesday, the
supreme court disposed of the famous
Dodge will contest. The case was ap-
pealed from puval county, where Mrs.
Dodge lived up to the time of her
death. 1t will be remembered that
Mrs. Dodge surprised her family by
leaving her large estate almost Who'll
ly to Rev. W. A. Mcdonald, her pas
tor. Suit was brought by members of
her family to show that at the time of
the making of the will Mrs. Dodge
was not mentally capable of disposing
of her property, and that she was I'M
duly influenced by Mr.. Mcdonald. The
validity of the will was upheld by
the DEGREES of the county Judge and
sustained by the circuit court, and
again Tuesday by the ruling of the
supreme court In the per curtain
opinion the court said:
Irrespective of where the burden
of proof may lie in such cases, and
blotting out the fact that two capa-
BILE judges. who are probably well ac-
quainted with the majority of the wit
nesses in the case, one of whom had
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

And it came to pass that after he
had advertised his goods, there came
unto him great multitudes from all
the regions round about and did buy
of him. And when his competitors
saw it they marveled among them
selves, saying: How be it that this
man is busy while we loaf idly about
our doors?" And he spake unto them:
In this fast age of push and rustic
it is easier for camel to enter the
eye of needle than for man to
flourish without advertising"
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27
HELP Is OFFERED
TO WORTHY YOUNG PEOPLE.

We earnestly request all young per-
sons, no matter how limited their
means or education. who wish to OBJ
tain thorough business training and
a good position, to write by FIRST
mail for our GREAT HALF RATE
OFFER.
Success, Independence and probable
fortune are guaranteed. Don't delay.
Write today.
THE GA.-ALA. BUS. COLLEGE.
5-25-2m Macon. Ga
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27
Constipation .

For constipation there is nothing
quite so nice as Chamberlain's Stom-
ach and Liver Tablets. They always
produce a pleasant movement of the
bowels without any disagreeable eff
feet. Price 25 cents. Samples free.
All druggists. m
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

FOR SALE cHEAP-one thousa''
live oak fence posts; also two taoa,
and red bay. cherry and cedar boafu<
B. H. Seymour, Ccala. Fla. 7-14i~
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

Every town in Florida needs a sta
BILE inspector. The fly is our greatest
nuisance and should be made to go.
Our health authorities should not wait
upon his order of going. but should
see that he goes at once.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

The famous White House shoes for
ladies' and gentlemen, and the Buster
Brown shoes for girls and boys can
not be surpassed in the city for style.
quality and price. The Fair. x
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

If State Health officer Porter will
rid Florida of the pestiferous fly we
will undertake to place stars in his
crown without number and the,bright-
est stars any mortal ever wore.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

MIR. Charles Howard, of Graham
vile, is now making his home in this
city. He is with the Ocala House cleo
trio light plant.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

Mrs. Richard McConathy, of this
city, spent few days recently at the
famous French Lick Springs. Indiana.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

Five hundred gold moulded records
just in! Genuine gold moulded at Csc.
Think of it, Ocala Furniture Co. x
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

FOR SALE cHEAP-one thousand
live oak fence posts: also two thous-
and red bay. cherry and cedar boards.
B. H. Seymour. Ocala, Fla 1927.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-07-27

We have reduced the prices ON all
summer dry goods. Inspect our stock
and get our prices. We can save you
money. The Fair.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03

Judge Henry f. Highton has filed a
brief Tor NJ. Comes in the beef trust
case, from which the following ex-
tracts are taken. Sub-heads are the
Advertisers:
The counsel representing the sub
stantfal defendants in this case, who
have served and filed demurrers, hay
ing arranged between themselves the
order and method of the argument, /
felt thar perhaps my own argument on
behalf of the unimportant defendant
for whom [ appear was somewhat in
the nature of an intrusion, and, as 1t
was evidently unnecessary to supple
ment the analysis OF the Sherman Act
and the authorities cited by Messrs.
Wilmington and Ballou, ] simply
adopted their citations and added a
few references to the pleading in is
sue. as tested by elementary rules, es-
pecially in a case depending upon a
statute and invading the legal rights
of the defendants, as they would other
wise exist.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
NOT MUCH PROGRESS
IN The MURDER TRIAL

Not much progress was made yester-
the murder of the little Wharton boy.
Tuck Hong's cross-examination by Mr..
Harrison, resumed from Friday, occu-
pied the morning session. His answers
did not sustain the impression sug-
gested by the questions, that the Chi
nese fortune-teller he had consulted or
himself had any prior knowledge of
the place where the victims mutilated
remains We're hidden. The fellow had
looked into a book and then told the
inquirer to search toward the south
west OF the Wharton home.
Mamaki. an elderly native man, was
on the stand all the afternoon. 1t was
he and Tuck Hong, the Chinese SER
want, who discovered, first, parts of
Simeons clothes and, then, his remains
in the jungle. He said the brush at
that time was as high as his head, and
Wharton's house not visible from
the place where the remains were
found Johnson was pale and trem-
bling when he first reappeared after
his disappearance, and again after the
discovery of the remains.
There was a lively tilt over the first
examination by Mr.. Harrison.
when Mr.. Prosser had rested the eX-
animation in chief
How were you brought to this
court?" was the question.
Attorney General Peters objected,
but after some debate the question
was allowed. The Attorney General
had admitted that the Government
paid the fares of its witnesses from
Waialua. Mr.. Harrison had said his
purpose was not to impeach the wit
ness, but to show the handicap upon
the poor and brainIess defendant in
the matter of expenses of witnesses.
Mamaki said the Government kept
him in town. and at a Chinese hotel.
Where did you think at the
Young?" Mr.. Peters inquired of the
tleIeuuantS attorney.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
LED TO SLAUGHTER.

"To these twelve paragraphs there
fore, it is unnecessary further to al
lude. II may be assumed that the de-
PENDANTS, like the cattle some of them
owned, have been led up to the local
ity where the slaughter is to take
place. If the operation was unsuccess-
full and the tragedy can be legally
averted, then there is one more exam
pie of the applicability of the ancient
quotation 'Parturiunt monies, ct
nascitur ridiculus mus.
1T is quite unnecessary for my pur-
pose to assert that each paragraph
from and including the thirteenth to
and including the twenty-first, has to
stand on it's own legs or to deny that,
if all the charges, grouped together,
constitute a perfect scheme, which
violates the Sherman Act, and Gre
ates restraint of trade or monopoly,
to a legal intent, the bill is inaccessi-
BILE to a general demurrer But it is
necessary to insist that the endless
repetition of allegations of combina-
ton or conspiracy does not establish
a combination or conspiracy, and that
the extension through these later par
agraphs of statements of the ability
of the defendants to combine or con-
spire. or the denunciatory force of con-
lectures, hypothesis. suggestions or
opinions, do not make a case.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
CHITO'S tyESIGBT is
SAID To Be GOOD

Chito the Porto Rican who attained
notoriety a one of the trio present at
Damon, was arrested yesterday on a
charge of assault and battery on a
Chinaman. Chito is alleged to have
almost duplicated McFadden's knock
out blow
1t will he remembered that at the
time of the Damon assault, Chito was
arrested in company with a Porto
Rican woman, both of whom fled from
the scene of the tragedy. Chito
claimed to be almost blind, and. there
fore, he said he had witnessed none of
the circumstances surrounding the ia
tai thrust with the knife. It is said
however, that Chito's eyesight is not
at all impaired and that he was sham
ming at the time.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
Three FACTS
For Sick Women
To Consider

FIRsT.-That almost every operation
in our hospitals performed upon women
becomes necessary through neglect of
such symptoms as backache, irregular
and painful periods, displacements
OF the female organs, pain in the side,
burning sensation in the stomach,
bearing-down pains, nervousness, dir
illness and sleeplessness.
SECoND.-The medicine that holds
the record for the largest number of
absolute cures of female ills is Lydia
h. Pinkham's Vegetable Compound.
1t regulates, strengthens and cures
diseases of the female organism as
nothing else can.
For thirty years it has been helping
women to be strong, curing backache,
nervousness, kidney troubles, infiam-
nation of the female organs, weak
ness and displacements, regulating
the periods perfectly and overcoming
their pains. 1t has also proved itself
invaluable IN preparing women for
childbirth and the change of life.
IHIRD.-The great volume of unso-
icited and grateful testimonials on file
at the Pinkham Laboratory at LYNN.
Mass. many of which are from time to
time published by permission, give alb
solute evidence of the value of Lydia
.. Pinkham's Vegetable Compound and
Mrs. Pinkham's advice.
Mrs. Pinkham's Standing Invitation
10 Women.--Women suffering from any
form of female weakness are invited to
promptly communicate with Mrs. Pink
ham, at Lynn, Mass. All letters are
received, opened, read and answered
by women only. From symptoms given,
your trouble may be located and the
quickest and surest way of recovery
advised. Mrs. Pinkham is daughter
in-law of Lydia E. Pinkham and for
twenty-five years under her direction
and since her decease she has been ad
vlsIng sick women free of charge. Out of
the vast volume of experience in treat
ing female ills Mrs Pinkham probably
has the very knowledge that will help
your case. Surely, any woman, rich or
poor, is very foolish if She does not take
advantage Of this generous offer of
assistance.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
UNPARALLELED FEAT.

LAS beef, like wheat or sugar, is an
article produced throughout the world,
and bears no possible resemblance to
railroads or other means of transpor-
tation, which are intrinsically monop-
olies, if the defendants have succeed
ed in 'cornering the cattle and beef
trade in Hawaii, they have accom-
plisned what the learned Assistant
United States Attorney, whose classical
and philosophical references were SO
felicitous. must be aware has never
before been accomplished either prior
or subsequent to the days of Cicero.
when at attempt to corner wheat at
Syracuse failed, as similar attempts
have recently failed in Chicago ana
San Francisco
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
ATTACKS AN INDUSTRY.

1T certainly devolved upon the
complainant through it's able repre-
sentative at the hearing, to present
irrefraga BILE legal reasons in support
of a bill of complaint that. in it's direst
effect, if sustained, seriously attacks
leading industry in this Territory,
and in it's consequences may have
most unfortunate influence upon para
mount interests.
IF, in the matter of raising beef cat
tie and supplying beef, an agreement
bv ninety per cent. of the actual pro-
ducers, to unite on one agent in the
City of Honolulu, to secure an equi-
table distribution among themselves,
to obtain fair prices and to guard
against cut-rates, is in restraint of
trade or a monopoly, then the Sher-
man Act grossly attacks rights that
We're supposed to be constitutional. 1t
is to be remembered that the agree
ment sought to be alleged is limited
to the defendants themselves, that by
it ten per cent. of the existing produc-
ers are absolutely unaffected, that any
others of the 154, 600 infla bitants of the
Territory are at perfect liberty to go
into the same business and that their
ability to do SO, under the allegations
of the bill, is in no way restricted by
any lack of opportunity, and that no
process of ''discoura cement anless it
assume the form of a battleship or a
cruiser in mid ocean, is either legally
or practically capable of preventing
the free importation of cattle or beef
PLANTERS IN SAME BOX.
IF the bin be legally complete, then
the planters, who have supposed that
they had a right to associate them
selves in order TO get the benefit Of the
opportunities afforded by the sugar
centrating their products 1T an Oppo-
sition refinery, might naturally be next
in the order of attack, for their eff
forts at self-protection may affect the
price OF sugar within the Territory
and discourage possible competitors.
If the citizen population of the Terri
tory should combine in any form to
suppress or discourage Asiatic COM
petition in the skilled Industries and in
trade, another example might be cited
of interference with the laws of supply
and demand, and consequent invasion
of the Sherman Act. Cheap labor
helps to produce cheap commodities,
and, on this line of reasoning, viz
tual Asiatic monopoly might be of adj
vantage to the few American consum-
ers VINO might be enabled to remain
in Hawaii
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
BURNS AND SCALDS.

The pain of burn or scald is almost
instantly relieved by applying Cham
berlain's Pain Balm with a feather.
It also heals the injured parts more
quickly than any other treatment and
unless the burn is very severe does not
leave a scar. For sale by Benson.
Smith & Co, Ltd, Agents for Hawaii.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
BANKRUPTCIES.

T. H. Davies & Co., Ltd, have filed a
petition in the Federal Court to have
NJ. M Silva & Co. adjudged bankrupt.
Petitioners claim is $685.
Maneki Sekichi, a Japanese cane
grower of Hilo district, has voluntarily
petitioned to be adjudged bankrupt.
His debts are $630S.50 and assets
$620.60. the latter being money due him
from Hilo Sugar Co.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
JUDGE HlGHTON'S BRIEF
IN THE BEEF TRUST CASE

Illegally with non-unionized wage earn
ers. This point was Wei prese44teu -
Mr.. Wilmington.
1T is claimed that upon the broad
and also upon the more technical
grounds it contains. the demurrer of
NJ. Comes should be sustained
Several pages of analysis and argu-
ment are omitted in the foregoing
summary.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
THE CONCLUSION.

con the whole, taking the para
graphs singly and together and also
insisting upon the law, as interpreted
and enforced in the argument and in
the briefs, it is respectfully claimed
that no cause of action is alleged. If
all objections to the mode of state
ment under the rules of pleading were
omitted. still it would appear that The
defendants exercise the same legal
rights that are conceded to a labor
union. the object of which is to keep
up the rate of wages, and which does
not undertake to interfere violently or
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
WILLIAM MCKINLEY
LODGE. mo. 8. K. of p.

Meets every SATURDAY evening at
$50 o'clock, in Harmony Hall, King
street. Visiting brothers cordially liz
wsts{i to attend
MERLE M JOHNSON, G. C.
E A JACOBSON, K. of r. & S.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
LEI ALOHA CHAPTER,
NO. q. 0. e. S.

Meets at the Masonic Temple every
8sccxYi Saturday of each month, at 1:au
s5teao&.k .. m. Visiting sisters ana
SFvslaers are cordially Invited to at
GEzSe.
MARGARET HOWARD, w. M.
MARGARET LISHMAN, Sec'y.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
PROBATE MATTERS.

The will of the late Hattie Louise
Wichman was filed for probate by
Smith & Lewis yesterday. 1t disposes
of an estate valued at about $4,000 to
the husband and three children. H. f.
Wichman is named as executor with a
request that no bond be required. Real
property designated in the petition con-
sists of the house lot and dwelling at
Kinau, Victoria and Lunalilo' streets.
valued at $4,000, and personality of
stocks, bonds, cash and effects valued
at $1,000.
Judge Robinson admitted the will of
Bernard Bergersen to probate, appoint
ing Mrs. Bergersen executrix without
bond
E. r. Hendry, administrator of the
estate of ID. A. Ray, deceased, has fled
his final account with a petition for
discharge. Receipts are $727.26 and
PAYMENTS 1922 80
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-03
LADIES AUXILIARY,
"A. O. H DIVISION NO. I.

Meets every nrst and third Tues
Gay. at p m, in c.. B. U. Hall, Fort
street Visiting sisters are cordially
5nvited to attend.
ID ALICE DOHERTY, Pres.
MARGARET K. TIMMONS, Sec'y.