davidaulloa/AmericanStories huggingface dataset:
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
TRUST CONTRACT ILLEGAL.
WEST VIRGINIA COURT APPLIES
PRINCIPLES OF COMMON LAW.
Agreement Of Coal Companies to Fix
Prices Declared Violation and in
Restraint of Trade.

Charleston, w. Va, New, 22--Al-
though West Virginia has no anti.
trust laws, the decision of Judge Cox,
of the supreme court of appeals, hand
ed down in the case of the Pocahontas
Coke company against the Powhatan
Coal and Coke company, to a great ex
tent determines the powers of this
state to deal with and control ali
trusts, monopolies, combinations and
contracts between individuals or cor
porations for the purpose of raising o,
fixing prices of commodities. The ap
peal was from Mcdowell county
Twenty coal and coke producing com
panies of the Flat Top and Pocahon-
tas field united to form a selling agen-
cy corporation, the Pocahontas Coke
company to handle the entire output
of the companies. After few months
the Powhatan and six other com
panies refused to continue delivery OF
their product to the sales agency com
pany, and the latter applied for an in.
junction to compel them to live up t.
their agreement.
The court ruled the contract lille
gal because unreasonable restraint of
law because contrary TO public policy
The decision is declared to be of far.
reaching effect in the control of com.
binations in this state.
The long-drawn-out fight over the re
moyal of the county seat of Wyoming
county from Oceana to Pineville, was
decided in favor OF Pineville.
Decisions were handed down in the
following cases:
Castilow VS.. Castilow, from Marshall
county; decree reversed.
State VS.. Detwiler, Wetzel county;
judgment reversed.
r. Kelner VS.. w. X. Cowden, admin,
istrator, from Cabell county; affirmed
in part and reversed in Fart.
Anderson VS.. Prince, ct al, Tyler
county; reversed, and notice quash
ed.
Town of Fulton VS.. Norteman, Ohio
county; reversed.
Hogan, administrator, VS.. Piggott, ct
al, Wood county; affirmed
Underwood Typewriter Co. VS.. Pig,
gott, Wood county; reversal and re-
manded.
Kinsey VS.. Carr, ct A., Wood coun.
ty; affirmed
VIII Thomas VS.. James r. Adams, g;
al, Harrison county; decree reversea
and bill dismissed
State VS.. Barrick, Wetzel county
affirmed.
James II. Morrison VS.. Fairmont &
Clarksburg Traction Company, Harrl
son county; affirmed.
Pocahontas Coke Co. VS.. Powhatan
Coke Co, Mcdowell county; reversed
and remanded
Chambers VS.. Cline, wy oming coun.
ty; affirmed.
Jones VS.. Harmer, administrator
Harrison county; affirmed.
Meyer VS.. Meyer, Wood county; re
versed and remanded.
Meyer VS.. Barnet, ct al, Wood couu
ty; reversed and remanded.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
ODD FELLOWS IN SESSION.
STATE MEETING OPENED AT
CHARLES TOWN TUESDAY.
MANY Martinsburg Members Of the
Order Attended the Sessions
officers Elected.

The grand encampment OF the In
alependent Order of Odd Fellows fol-
West Virginia convened in Charles
Town on Tuesday evening, with about
500 visiting members present. The
forty-first session of thes grand lodge
was opened Wednesday in the colrt
house, when Mayor George T. Light
and Bishop w. L. Gravatt, OF the Epis-
copal church, formally welcomed the
visitors to the town. Hon. Virgil A.
Lewis, of Point Pleasant, responded to
the address of welcome on behalf Of
the Odd Fellows. (
The annual session OF the Rebecca
assembly was also convened, and the
ladies we're welcomed by Mr.. Frank
e. Bushong. The response was made
by Mrs. Minnie IT, Store, Of Weston,
president OF the assembly.
> eAt $3.50 the big parade OF the visit
ing Odd Fellows took place, the line
of march being through the principal
streets of the town, which were hand
someIy decorated with arches, flags
and bunting. Wednesday evening
there was torchlight procession by
the Charles Town fire department and
on Thursday evening the event will
be the parade by the Improved Order
of Red Men. The grand encampment
elected the following officers Tuesday
night:
Grand Patriarch--S. r. Bradley.
Grand High Priest-L. w. Wilson.
Grand Senior Warden--James G.
Mausbarger
Grand Junior Warden. r. Booth
Grand Scribe--C. L. Smith
Grand 1reasurer-Lee Deinheimer.
Representative to the Royal Grand
LODGE. G. Davis.
Many OF Tuscarora and Berkeley
lodges, Of Martinsburg, attended the
meeting. The total number of lodges
in the state is 279. The total membe
ship is 1914, an increase of 1.47s
during the past year.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
NEW C. v. YARD.
Land Purchased Near Mason & Dixon
For That Purpose.

In addition to the improvements be-
ing made at different points along the
G. V. the company will establish new
yards at Mason & Dixon where a
tract of ten acres of land has been
purchased by the railroad adjoining
the station at that place. According
to the rumor accompanying the pur-
chase, the road will build yards there
to accommodate about SOC cars. The
land is a strip about IT'S feet wide
and the full length of the field paral-
leling the track The railroad officials
have not given out any definite infor-
nation concerning their plans but it
is stated that the proposed yards will
be built. The railroad is now building
a trunk line around Greencastle and
purchasing land between Mason e
Dixon nearly to Hagerstown for the
double track system. The increased
freight traffic on the road necessitates
the improvements that are being made
and in contemplation. 1t is understood
also that grades are 70 be reduced
wherever practicable and the road
brought down to the lowest level to
facilitate business.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
WILL DELIVER ADDRESS.
Mr.. Brantner to Speak at Meeting of
Railroad Engineers.

Mr. z. T. Brantner. superintendent
of the Baltimore & Ohio shops in Mar
tinsburg, will deliver al address in
Baltimore next Sunday afternoon, on
the occasion of the South Baltimore
division of the Brotherhood of Loco
motive Engineers and other railroad
men, who will hold memorial service
and review the rise and progress OF
the Brotherhood, as well as the pro-
gress of railroad work since the or
ganization of the order in Baltimore n
1855. Mr. Brantner's subject will be,
THE Past and Present Attachments OF
Railroad Work" and he has collected
a mass of interesting history of the
work with especial reference to the
Baltimore & Ohio, The Brotherhood
of Locomotive Engineers was formed
in Baltimore 81 years ago, and Mr..
Brantner has in his possession the
original list of men who participated
in the organization. Among the names
ID that of Engineer Orman Butler. O1
Martinsburg There were II engineers
from II states at the meeting.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
Mr.. MARTIN HONORED.
GUEST OF HONOR AT BIG BAN
QUIET IN BRUNSWICK.
Many Prominent Officials and Others
Were Present and Complimentary
Addresses Were Made.

Mr. j. T. Martin, general yaTdmastol
of the Baltimore & Ohio railroad,
with headquarters at brunswick, and
one Of the oldest and best-known rail
road men In this section, was the
guest of honor at an elaborate ban.
qnet given in Brunswick Wednesday
night, under the auspices Of fellow EN-
ployes Of the road and many men out
side the service. The occasion was
in recognition of his long and faithful
service in the employ OF the Balti-
more & Ohio, and 1t was a decided
success from every point of view.
The affair was held in the Red Men's
hall In the opera house and so large
was the attendance that the tables
were prepared ON both the first and
second floors Of the building. Covers
were laid for $50 guests, and includ-
ed In those who were present were
Thomas Fitzgerald, general manager
OF the road Superintendent Gallo
way, Spurrier and Blazer, and mum,
Der of other prominent officials and
employees of the railroad.
The POSTMASTER was bTr J. r.. Green
o. Brunswick, and speeches were made
by General Manager Fitzgerald, Glen
Warrington, II. T. Brantner, Supern.
tendent Galloway, r. l.. Harrison and
.. T. Eichelberger. The addresses
were of complimentary nature, and
each speaker spoke of The long and
faithful devotion to the service of the
Baltimore & Ohio on the part of Mr..
Martin, who has been connected with
the road in different positions for near
~ AZ years
The banquet began at . o'clock and
was ended at midnight, after which 4
ball was given, which did not come
TO an end until about 3 o'clock Thurs.
day morning. An orchestra from
Frederick furnished the music for
both the banquet and ball
Among the guests were Superinten-
dent a. T. Brantner, of the Martins
burg shops; DR.. j. w. McSherry, DIR.
G. j. f. Sponseller, Mr. NJ. A Snod-
grass, Mr. T. p. Licklider and Mr. j.
Roger Wall, all of Martinsburg.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
Rhodes Scholarship Examination.

President Purinton, CT the State
University, as chairman of the Rhodes
Scholarship Commission for West Vir-
ginia, announces that the next eXaml-
nation for a Rhodes scholarship at Ok
ford University win be held at Nor
gantown about the middle of January.
The young man who secures the schol-
arship next spring VIII enter oxford
next fall, succeeding Mr. Tucker
Brooke, who is finishing his third year
there, and who has made such a no
tably fine record. Particulars will oe
furnished upon application to Priest
dent Puritnon
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
REPUBLICAN MARGIN So.
Official Report on the Next House Of
representatives.

The first official report of the clerks
Of the House OF Representatives on
the membership of the next House, has
been issued. 1t shows a republican
majority Of fifty-eight. The republi-
can membership is 222, and the demo
cratic membership Is 154. The change
Of increased membership within the
past few days is caused by the official
count in the Eighth Illinois district,
which sends to congress Charles Me-
Gavin, republican, instead of Stanley
kunZ, democrat.
Next year five members of congress
viii be elected from Oklahoma, and
they viii take their seats in the House
when the new congress convenes. The
democrats are expected to elect four,
and possibly FIVE Of them, hence the
new congress, as officially reported,
will stand either fifty-aye or fifty-six
republican.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
NEW BRIDGE ACROSS POTOMAC.
Norfolk & Western viii Build One at
Shepherdstown.

One OF the most important pieces Of
railroad work that has been under
taken In recent years viii shortly be
commenced by the N. & w railroad
company, which proposes to erect a
new bridge across the Potomac river
at Shepherdstown. Surveyors have
been at work on the preliminar1es. and
it is believed that it will not be very
long before the real work on this inn
mense structure will begin.
The bridge now used by the rail.
road is steel, was built some Is or
20 years ago. is about 1000 feet long.
and is about SO feet above the water,
When it was erected the piers were
built upon huge wooden cribs. AS
long as these cribs were entirely sub
merged the wood kept perfectly sound
but since the destruction of the dam
across the river mile below the
bridge, the level of the water has been
reduced six or eight feet, and the
wood work of the cribs is alternately
under the water and exposed to the
air, and the timbers are, it is said, be-
ginning to decay, imperiling the safety
OF the piers. Besides this, the bridge
itself is not heavy enough to carry
the powerful locomotives now coming
into use.
The new bridge will be even longer
than the present structure, as it is
expected to cross the river diagonally,
and will be from 10 to 20 feet higher.
making it more than 100 feet above
the water. The river at this point is
from Is to 20 feet deep, and as the
piers are to be placed on bedrock, the
work of erecting them will be a ire
mendous job and costing over $1,000
600 Besides the bridge work proper,
changes will be made in the road on
both sides of the river.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
MR.. JOHNSON ELECTED.
Recount of Ballots at Berkeley Springs
in His Favor.
Special Correspondence.

Special Correspondence.
Berkeley Springs, Nov. 22.-The re-
count of the ballots cast at the late
election for Mr.. c. Il. Hunter, demo-
cratic candidate for superintendent of
schools, and Mr.. V. e. Johnson. can
didate for the same place on the re-
publican ticket, has been completed,
resulting in the election of Mr.. Johu-
son by plurality of three votes. On
the face of the returns the vote WAS
a tie. and the ballots were recounted
with the above result.
A controversy has arisen between
Mayor Allen and Judge Kennedy, of
Pittsburg, who will, build \ handsome
summer home at this place. The may
or charges that Judge Kennedy's
property, if erected on the proposed
line, viii extend six feet beyond the
building line, but Judge Kennedy
points out the fact that he is on a
line with the other house adjoining.
The plans for the new house call for a
$4,000 structure, which will be built
near Hotel Dunn.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
FOR PRESIDENT OF SENATE.
TWENTY-FoUR OR TWENTY-FIVE
STATE SENATORS WANT 1T.
Plenty Of Good Material Elected This
Fall to Make the Selection
From.

Among the many subjects Of poliu
cal controversy this winter none prom
Uses to be more spirited than the cleo.
ton Of president of the state senate
Out Of thirty senators composing the
upper house Of the West Virginia con
gress, between twenty-four and twen-
ty-fiye Of them want to be president.
Those who are not openly hankering
for such honors are the Democratic
senators, who recognize the fact that
they are hopelessly in the minority
There will be five or six OF them
about the same number as was In the
senate two years ago, and they will
not struggle for preferment, although
they constitute quite an able body OF
men barring their political proclivities
says the Parkersburg State Journal.
Among the republican aspirants may
be mentioned D. s. Marshall, OF Han.
cock county, who came very near get
ting Ii two years ago and who would
make a fine presiding officer. Senator
Marshall enjoys the envlable distinc
ton Of being almost an exact counter
part in personal appearance of Mark
Twain. He also possesses other quail
fications, and would be upon the whole
very good selection Joseph f. Nc
Dermott is another senator who would
like to be addressed as Mr.. Presi
dent. He halls from Monongalia
county, where he is great favorite
with his party. II he were a resident
Of Marion, along with his other quail
ifications, he would have cinch. AS
Ii is, he will give his competitors a
lively hustle.
Senator Alex. McVeigh Miller,
Anderson, on the Greenbrier, side
the river, is another possibility, and
a strong one. He is one of the ablest
members of the senate In the same
side of the state is Senator Johnson
of Mcdowell county, who was distin
guished two years ago by his pisto
toting bill, which sought to put the
carrying of firearms on a license ba
sis. He is a good speaker and would
hold the reins gracefully If elevated
to the senatorial driving seat. These
are only few of the many members
of that august body who would not
finch If the presidential honors were
rendered them.
Senator Forman, of Grant county
Senator McKown, Of Roane. Senator
Colcord, of Kanawha, Senator Mont
gomery, of Preston, to say nothing of
Senator Gartian, of Wood, all have
claims which could not be lightly ig-
nored If they We're to shed their coats
and go after the prize with their full
strength. The fight promises to be in
teresting and it would take much skill
at this stage to pick the winner.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
STOCKTON SWEPT BY FIRE.
One Life Lost and Property Valued at
$4,000 Destroyed.

The town of Stockton, Worcester
county, Md, on the Delaware, Mary
land & Virginia railroad, was visited
by a fire which destroyed every bust
ness house in the town except the
Stockton Bank building.
An explosion occurred in the ware
house of p. Il. Wharton q Sons, tear
ing out one end of the building and
setting fire to IT, Asleep in room Of
the storehouse was Clarence Parsons,
"a clerk, who persisted in the flames.
The fire spread rapidly and soon the
entire population, OF about 400 people,
were working hard with buckets of
water to stop its progress and save
their homes.
The flames leaped from one bust
ness house TO another, and within a
short time every store, shop, hotel
and other business house was con
sumed exeepr t3e bank building which
is coustr icted Of brick.
Sixteen buildings were burned, en-
failing loss Of 100000, with only a
small insurance.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
East Ereinh. rrairs.

II is worth the while of nearly any
one to watch the rush Of railroad BUSH
ness in this city. There are two trains,
however, and freights too, at that,
which attract the attention CT even
railroad2rs whenever they pass the To-
cal station They are fast freights
Nos. 81 west ana SO east. They run
between Baltimore and Chicago and
are scheduled to hit pace that would
make some of the passenger trains
of less Importance get view of the
caboose, They often make a run of As
miles an hour over the length of al
most an entire division.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
MUST WEAR HELMETS.
Policemen viii Not Be Permitted to
Change Headgear.

Members of the local police force
have been dissatisfied with the he'll
NETS worn for several wears during the
winter season, and request was
made to members of the council to al
low the officers to change the style to
either a smaller stiff hat or a cap The
officers claimed that the shape of the
helmes pr vented them turning up
their coat collars in cold or rainy
weather The council turned the mat
ter over to the uniform committee,
with power to act, and the latter de-
cided that thechange should not be
made, for the reason tat the head
gear proposed was not in keeping with
the uniform worn.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
MR.. NlcKLAs MARRIED.
Welded to Miss May Tanning in
Tioga, Pa, at Noon Today.

Miss May T.. Tanning, daughter Of
Mr.. and Mrs. Michael j. flaming. and
Mr.. Adam p. Nicklas, of Martinsburg,
were married at the home Of the bride
at noon today In Tioga, Pa, suburb
of Philadelphia, in the presence of only
the immediate members Of the two
families. Mr.. and Mrs. Nicklas after
ward left on a trip TO New York ano
other cities, and will later come to
Martinsburg, residing on South Queen
street. The bride is well known in
Martinsburg, where she frequently Wis.
tied, and the groom is very prom
inent young business man Of this city,
being a member Of the firm of w. o.
Nicklas & Co. dealers In furniture and
carpets.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
LOOKS LIKE HARDY MURDERER
William Foutz See "Nigeer Jim" in
Jail But Not Sure of Identity.

Jail But Not Sure of Identity
William Foutz, of Burhttsville, who
has been working for former Sheriff
III. A. Downin, went to the Jail at Ha-
gerstown, on Tuesday morning to look
at Niger Jim who shot and killed
Charles Gray, at Weyerton. Since the
killing of Gray the negroes name has
been frequently linked with the mor-
der of Deputy Sheriff Hardy by a ne
gro one night in October, 1905. Hardy
and several other officers We're search
ing a Baltimore & Ohio train between
Weverton and Knoxville for a negro
suspected of killing Baltimore man.
Foutz, who at that time was a brake
man of thetrain on which the negro
who shot Hardy rode, saw the shoot
ing. After Foutz had taken good
look at Niger jim he said the col
pred man looked like the negro who
had shot Hardy, but rs the shooting
had taken place at night and over Il
year ago, he could not positively say
that "Nigger Jim" was the person who
shot Hardy.
Mr. Downin is still interested in the
apprehension of the murderer of Har-
dy, who was a good officer. The shoot
ing took place during Mr.. Downin' 5
administration.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
CHASED HIS WIFE.
Martin Greenfield Tried to Hit Her
With a Skillet.

Martin Greenfield, who resides just
west OF the city, was up in Justice
Felker's court Tuesday night on
charge of getting ugly at his home and
chasing his wife away from the house
with skillet. 1t was stated that
Greenfield was intoxicated, and threat
ened to shoot his wife, but was un
able to find any cartridges for his gun.
Later he picked up heavy iron skill
let. and his Wife was compelled to flee
to prevent being brutally assaulted.
Justice Felker gave Greenfield 80 days
in Jail. and also gave him a scoring
for his brutal conduct.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
KILLED IN LANDSLIDE.
Seven Workmen Meet Death on the
Norfolk G. Western.

Seven trackmen of gang of 10. en-
gagged in removing a slide on the Dry
Fork branch of the Norfolk & West
ern railroad, were killed Tuesday as a
result of big slip of land.
Men were swept down the mountain
side and into the river.
Twelve of those who were working
in the gang escaped The bodies of
four of the victims were recovered and
three of the bodies are buried under
hundreds of tons of earth
All the victims were Italian labor
ers and were known only by numbers,
not names.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
INJURED IN SHOPS.
Christ Daley Hurt While at Work in
Cumberland.

Christ Daley. a former resident Oh
Martinsburg. but now employed as 4
machinist in the Baltimore q Ohio
railroad shops at Cumberland, was Sc
verely injured while at work Monday
afternoon Mr.. Daley was engaged in
the repair Of an engine, when large
bar of iron fell from the tender, strik-
ing him ON the head and knocking him
senseless 70 the ground. He was re-
moved TO his homo, where he remain
ed unconscious for several hours. His
injuries are not though to be danger
Gus.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
Confession Of 3. & 0. Enalneer

Valparaiso, Ind, Nov 22-FranlS
Detnauer, engineer OF Tile Baltimore &
Ohio passenger TT lin which was wrec"
ed recently at Woodville, causing So
deaths, broke down before the In
diana Railroad Commission and took
all blame on himself. He said he got
no answer to his whistle and took it
for Granted that It would be all right
and went ahead
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
ARRESTED FOR ASSAULT.
William Fuller viii Be Given Trial
by Justice Felker.

William Fuller, a .olored man Of
bad reputation, was arrested by OF
ficer Riddle on a warrant sworn out
by Robert Firth and wife, also colon
ed, who charge him with coming 20
their house and creating disturb
ance, and later with following them
with a brick in his hand A warrant
was also issued for Frank Reed, an
other colored man, for the same Of
Tense, Trial in Justice Ft Ikers couet
Friday evening.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
HEAVILY FINED.
Proprietor Pleads Guilty to Keeping
Disorderly House.

officers Blake and Riordon on Tues
day night made a raid on the apart
ment house on the corner of Martin
and Spring streets, and arrested sew.
eral men known in police court A
warrant was also issued for the pro-
prietor, charging him with conduct,
ing a disorderly house, and he appear
ed before Mayor Harrison and pleaded
guilty to the charge. The mayor as
sessed a fine of $3.50 which was paid.
The officers visited the place on com
plant of residents of that section of
Martin street.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-11-24
BOYS WORK REWARDED.
3. G o. Sends Check for Warning OF
Fire,

Three young men at Dunbar on tn
Pittsburg division of the Baltimore &
Ohio railroad-Charles Bryser, Rich
ard Wyland and j. McDaniels-were
surprised by the receipt Of a check for
S25 each for saving a train from going
down on a bridge on fire on the Fair
mont division, near Smlthfield.
A fast train was due, and the young
men by heroic efforts got the flames
checked and tagged the train Just in
time The railroad officials read a
newspaper account of the act and YER
flied it.