davidaulloa/AmericanStories huggingface dataset:
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-05-23
RULING OF COURT
Text Of Judge Ramsay's Opinion
is Submitted i'm Writ.
ten Form.
SANE AS GIVEN in COURT
Deals With Questions of Powers, Priv
ileges and Rights of City and
Telephone Company.

In view of the fact that he ruling OF
Judge Ramsay in granting the injunc
ton prayed by the Central Union Tele-
phone company has thrown the con
troycrsy before the public again. his
decision, which has just been submit
ted to the attorneys in written form
as given in the court and in substance
published in The Argus. is herewith
given in full, with the exception of the
last subject taken up. That deals with
the question as to whether or not the
bill was for injunction or specific per
Torrance. Following is the text OF the
decision:
Upon the question whether or not
the law governing telegraph compa-
MES has application to telephone COM
panies in a case of this kind, | hold
that the Telegraph Act as construed
by our supreme court, authorized the
city at the time of the passage of the
ordinance of 1887 to license the Cen
trail Union Telephone company to set
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-05-23
Lace
Curtains.

Island gave complainant a license .
erect and maintain system of tele-
phone poles and wires in its streets.
Unless it was restricted to that one con-
pany. it could not in my judgment, be
called properly a special privilege IA
other telephone company can at any time
apply for a permit to do business in
the city, and the city could grant to
such other company such right and by
so doing it would not abridge any of
the rights, in that respect, of the Cen
trail Union Telephone company.
Police Power Control.
Since the rights of the parties are
therefore fixed by contract and are not
in opposition to the constitution, it fol-
lows that, if the city has any rights to
control the corporation, it must be by
virtue of it's police power, or else by
virtue of the claim made in the cross
bill. The cross bill filed by the city
on which the issues are not yet closed,
state that when the ordinance of 1887
was nassed it was then and there i'm
pliedly agreed between the city and
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-05-23

tee as to where they should plant their
poles and string their wires. On the
other hand a showing is also made by
people just as respectable, possibly. to
the effect that they attempted to get
the committee to show them where
hey wanted the poles put and they
would not act The officers of the COM
pany did what they thought best under
the circumstances and set their poles
and strung their wires to sustain
their service the best they could. On
a mere motion for temporary injunc-
ton, ! do not think that it would be
right for the court to cay that he was
satisfied either way on that conten-
ton. on such a mass of contradictory
affidavits The most unsatisfactory
evidence that comes before a court is
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-05-23

in the form Of affidavits; there is no
chance to cross-cxamine the afiants !;
the affidavits are possibly prepared In
the Office of the attorneys with the
general impressions on their part that
certain matters are true. 1 am not,
however, making any criticism of any
kind on the conduct of the attorneys;
l have not the slightest doubt in the
world that the attorneys and atlantis
believed and siill believe the state
ments in the aflidavits to be true, and
this statement applies to the counsel
and atlantis on both sides. But the
court, | do not think, under the issues.
is called upon TO determine which one
of these two classes of aliidavits that
are offered here by the score, is right"
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-05-23
HORSE TAKES A LIVELY RUN
Is Stopped After Running Several
Blocks Without Damage.

A horse owned by Emil Peterson. the
contractor. INDUCED in a runaway this
morning shortly after 9 o'clock, H. the
residence part of the city. Mr.. Peter
son, in getting into the wagon near
Twenty-secOnd street and Eleventh
avenue, in some way tangled the reins.
The horse with p sharp swerve. start
I'd on run down the street. Mr.. Peter
son was unable TO get into the wagon.
The horse ran down Seventh avenue.
and turning on Eighteenth street
stopped at Sixth avenue, where Mr..
Peterson's men were at work. No
damage resulted.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-05-23

poles and string wires in the streets OF
the city. Our supreme court has held
that where the matter relates simply
phone company, that the Telegraph
Act authorizes the license like that
irst granted to the complainant in
this case. | use the term license as
that is the term employed in most
cases upon this subject by our supreme
court
when the license was acted upon,
md the company accepted it as ten
dered and expended a large sum of
money on the strength thereof, then
the license ripened into and became
contract between the parties. Hav-
ing once become a contract, it cannot
be terminated at will; it may be term
mated for cause only.
Not Special Privilege.
"The court holds that the article of
he constitution of the state, which
provides that no laws shall be passed
making any irrevocable grant of spe-
cial privileges or immunitieS, has no
application in this case. The words
privileges and immuniticS,' in my
Judgment, have a significance distinct
rom that which can pertain to the
jubject matter involved in this case.
The right to hold office and control
corporate interests, would be, in a
sense, a privilege. 1t is privilege for
number of individuals TO associate
themselves together in a corporate ca
pacity and do in that capacity what
they could not do as individuals. An
immunity would be some safeguarding
against liability extended to the indi-
vidual which otherwise he would not
possess. Neither of these terms is
properly applicable here. Further
more, l do not believe that the partic-
ular article referred TO has any appli
cation here for the reason that the
privilege must be a special privilege
as distinguished from i general privi-
lege.
Exclusive Rights.
'If the city at the time that it pass
es an ordinance or resolution giving
a corporation any rights, should give
it an exclusive right, then it would be
a special right. But if the ordinance
in grant of a right TO corporation.
does not give it an exclusive right, but
if the city still retains, by the Ordin-
ance adopted or by its inherent power
under the statute, the power to give
that same right to other corporations,
then the right, in my Judgment, would
not be special right.
In the case at bar, the city of Rock
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-05-23
GUARANTEED LIQUOR CURE.
No Detention from Work or Loss Of
Time-Desire for Drink De-
stroyed by Orrine.

When one of our most reliable drug
gists makes a positive statement that
he will guarantee to cure the liquor
habit if Orrine is used in accordance
with directions or refund the money,
1t shows his great faith in the treat
ment 1t is in this way that Orrine is
sold by the leading druggist in nearly
every city and town. In every box is
registered guarantee which entities
you TO refund of your money if Or
rine fails to effect a cure
No other cure for the liquor habit
has been sold in this way and the re-
markable guarantee shows how much
superior Orrine is to the ordinary san
itarium or home treatment There is
no detention from work or loss of
time when Orrine is used. 1t destroys
the desire for liquor. so that the drink
will not be missed, and also cures the
deranged digestion, weakened nerves
and other i'll effects of excessive drink
ing, restoring the patient to perfect
health.
Orrine is prepared in two forms, No.
1, the secret remedy which can be used
in food or drink without the knowl-
ledge of the patient; No. for those
who take the remedy of their own free
will. Both forms are absolutely guar
anteed to cure or they will cost moth
ing. Treatise on how to cure drunk
enness free on request. Orrine Co.,
ID. C.. The price of either
form is 81 a box, making the cost of
the complete cure less than one-tenth
what is usually charged at sanitari-
ums, with guarantee that the expense
will be nothing unless cure is gained
Orrine is for sale by Harper House
pharmacy.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-05-23

the corporation that the charges should
| be reasonable and fair, and should not
be eXorbitant; that they should use up
to-date appliances; that all improve
ments were to be made use of; that
their officials should treat the public
with due respect and courtesy.
Whether the city could, under it's
| police powers, regulate the price OF
| transmitting messages or not, is n
question that | do not feel that l am
called upon to determine.
| As to Rates.
Whether or not the city has got an
implied contract here by which it may
insist that the price shall be reason
able and fair, | can say that l hope it
| has. l wish every city had that right
If that right was reserved ander the
ordinance, or if it can be assumed by
| implication, or inferred, then it is an
issue made by the cross bill and can
| be determined on a hearing Oh the
cross bill, but cannot be heard upon
preliminary motion for injunction
upon the original bill.
eff the city has any power to annul
the contract or determine the rights of
the corporation under it, it must be
for cause; and that cause must be de-
termined in a judicial manner. The
city council cannot arbitrarily make it
self the Judge in the case The rights
of the parties are fixed by the contract
and can only be determined for good
and sufficient cause, and the cause shown
must be given in court where the mat
ter can be fully determined with all
the parties before it,
Can Not AnnuI Contract.
Another matter that pertains to
that same subject is this: Has the
city a right to annul this contract by
simply alleging that the rates of the
Central Union Telephone company
were eXorbitant? Must not the city
first establish what rates shall be
charged? Not only what the rates of
this company shall be. but what rates
shall apply to every other telephone
company doing business in the city.
They could not pass an ordinance
properly, it seems to me, saying that
this one company shall not charge
more than certain sum. There shall!
DG dll hAiHe, INC ldlSS vi
telephone companies doing business in
the city. Then if that power is in the
city, which the defendant contends for
here, and any company fails to observe
the regulations of such an ordinance,
such company so failing might have its
contract annulled.
Controversy I'm 1902.
"As to the controversy which grew
up in the most pronounced form in
1902. | do not think on a motion for |
injunction where the merits |
of the cross bill cannot be heard, the |
court ought to express any opinion
Here are a great many reputable peo-
pie stating that the company beginning |
in 1902 failed to observe the sugges-
lions of the street and alley commit !
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12
Northern Pacific interested With
Great Northern.
HILLS PLANS MADE PUBLIC
Portland to pasco Line Completed In
1907 and Portland-Spokane Line
Early in roos--Terminal Prop
erty Purchased.

NEW YORK. Oct. 1.-THE first for.
NAL statement Of the plans Of the Port
land and Seattle Railway which Is be-
ing built down the north bank Of the
Columbia river In Washington by james
J. Hill, Ii contained In the annual re-
port Of the Northern Pacific Railroad
issued yesterday. The new line viii
give the Hill road new and greatly
improved line into Portland.
In the building Of this new road
which viii be 42s miles long, the North
ern Pacific is jointly interested with th'
Great Northern. The details Of this new
line show that the road will run from
Portland to Spokane and Texas Ferry
Wash, connecting at Spokane with tn
Northern Pacific and Great Northern
and at Texas Ferry with the Joint in'
owned j, tn tho Nc. NNoo--..ht-r-. Pacific and un
ion Pacific. Valuable terminal proper
ty has been purchased in Portland, an'
Vancouver. The report says that It y
expected the line from Porteland y
Pasco and Texas Ferry will be ccm
pleted by the autumn Of 1907 and IN
line from Pasco to Spokane early Il
1908.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12

PORTLAND, Ore, Oct. 1.-The Ore
ronian tomorrow win say;
IL Is the belief Of the secret service
agents and detectives Of the local po-
lice department that Municipal Judge
George J. Cameron Is in danger Of as
sassination at the hands Of a group Of
Russian terrorists.
A Russian named John Lewandoski
was arrested on statutory charge sew
eral days ago and his case comes up fol
preliminary hearing before Judge Cam
eron tomorrow. A day or 50 ago, Judg'
Cameron received an anonymous iette'
through the mails. stating that II LIE
wandoslsi Is not acquitted, Judge Cam
eron viii be killed. The matter wsi
thought to be either the work of prac
tical Joker or an effort to intimidate th'
Judge, and II was treated as laugh
able matter until subsequent investiga
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12
poRTLAND-TILLAMooK.
United Railways Files Preliminary Map
Of It's Line.

Of It's Line.
Last evenings Portland Telegram
says:
evidently G. i. Loss will proceed
with the preliminaries at last OF an
electric line between Forest Grove ana
Tillamook Bay, to connect with the
proposed road of the defunct Oregon
Traction company, from Portland to the
Washington County town. He has MED
a man of location with the clerk Of TIL
amook County for a line from Bay City
to the foothills.
"The map Is signed by 2. =. Loss
as president Of the United Railways
Company, and John B. Rogers, chief en-
cineer. The line of the survey runs
east from Bay City short distance and
then turns south, passing about mile
east of Tillamook, just why the town
Of Tillamook is ignored by the system
is not apparent to railroaders, for they
saw that is one point oa the coaa'
where plenty Of revenue would be ae
rived BY an electric line. Bay City II
vet in its infancy, and while residents
feel certain it will s6me day be prom
inent point, they are confident TIA
nook will retain its share OF the TRADE
for some years."
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12
Northern Pacific and Wells.Farso
Both Suffer.
SMALL REWARD FOR DARING
Combined Haul Unknown, But Hardly
Adequate to Risk and Labor Of
Robbers--One Safe Injured and
Other Blown Open.

TACOMA, Oct. 1.-Two safes were
blown open in the Northern Pacific Ex-
press Office on Tenth street, last night.
From the Northern Pacific safe the rob-
bers obtained 1915. The Wells Fargo
Express safe yielded number Of sealed
packages, containing, it is believed, q
large sum Of money.
The robbers gained access from the
one story roof Of the Hickox- Champion
Paint company in the adjoining build
ing, near the corner Of Tenth and Pa
cific avenue and then, through tran
som into the real estate Office Of Stern
berg and Wolbert. From there they cut
through the lath and plastered parti.
tion into the closet Of the express Of
flee. Both safes were behind the high
counter and shielded from view through
the Tenth street windows.
III The Northern Pacific sasfe sgas blown
open, while the Wells Fargo safe had
the tumblers pried open. It is believed
the robbery was executed about day
light, when only few police are or
duty. Clerks were working in the ex
press office up to II o'clock last night
The exact amount Of the loss cannot
be determined until the arrival Of the
district manager.
A sledge and brace were stolen iron
blacksmith shop on Commerce street
five blocks away. The express oHc'
| is in the heart of the business section
only d block from the Tacoma Hotel
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12
President Of Manhattan Makes
Damaging Disclosures
On Stand.
DISCRIMINATION CONFESSED
Variation In Price to Producer Excused
An Necessary to Protect Corpora
tien Lines from Independent
Companies.

FINDLAY. o., Oct. il.--Evidsuce was
brought by the State today In the trial
Of the Standard Oil company, showing
their ownership Of the Manhattan Oh
company Of Ohio, thought before to be
The Federal Industrial Development
Company OF England, and also that The
Manhattan buys and ships crude OIL
and does not compete with the Stand
ard. but does compete with independent
companies. These facts were brought
out In the testiomny Of r. i. Cnih'
bert, president OF the Manhattan COM
pany. A similar criminal snit IL pend
Ing against his company and he testi'
aca under an order OF court which rem
ders him immune from future criminal
prosecution.
Explaining the nature OF the business
done by the Manhattan company, Cnth-
bert stated that the company formerly
dia general oil business, but has now
sold It's refinery and does an exclusive
pipc line business. In doing this 1t buys
oil from the producer and transports
Il TO the storage stations and sells Y
to s. p. Trainer, purchasing agent toi
the Standard company, who also buys
oil from Joseph Zeph, treasurer OF th'
Buckeye Pipe Line company In what
Il known as the South Lima Field
where the Manhattan and Buckeye pip'
lines both buy oil. the price paid to TN
producer Ia Ave cents barrel less thar
In the North Lima field, where wha
are regarded as independent companiel
make their purchasers. Cuthbert de
clared this was to protect his lines from
the encroachment OF his competitors
the National Refining Company and tn
Paragon Oil Company. Tie said that b
maid Ave cents barrel more for oil \
the North Lima field than he receives
from the Trainer purchasing agency
Cuthbert admitted that the profits Q
) hi. company in the North Lima fel
were very small
Deputy County Auditor Frank :
shank identified several tax certificate
which showed that Theodore N. Tolle'
Of 90 Broadway, New York, was to
agent for the Standard Oil company ?
Ohio, Of the Buckeye Pipe Line an
the Ohio Oil Company. His testimon
was objected to by the defense, but
was admitted by the court
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12
FROM CASH TO CAKES.
veiguth Still Making Dough, But Not
So Easily.

veiguth Still Making Dough, But Not
So Easily.
SALEM, Ore. Oct. ll.-From q cash
ier's desk to the bakery in the states
prison, is the story Of the rapid fall OF
Bernard 0. velguth, who was received
at the penitentiary from Portland last
evening to serve an indeterminate sen
tence of from one to ten years for en-
bezzlement of the Portland Gas Com
panys funds. velguth took his confine-
ment in prison cell last night phiio-
sophically, and arose bright and early
this morning. When he was put 70
work as helper in the bakery, ne went
about the task with will and gives
promise Of being good prisoner AS
there was vacancy in the bakery de-
partment, velguth viii probably remain
there indefinitely and will have prac'
tically an easy time Of it, and with nc
occasion to mar the softness or beauty
of his hands.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12

tions into Lewandoski's past led the
secret service agents to believe that
such an attempt is actually to be made
to carry out the threat, Il Lewandoski
is bound over to the grand jury.
According to the authorities, y has
been learned that Lewandoski was con
yicted Of throwing in Russia aric
sentenced to death. His sentence wal
later commuted to banishment for p
years in the penal colony on the Isl
and Of Sakhalien, from which he e.
capped during the Russo-Japanese wal
| to Japan, and from there came to tn
United States.
It is admitted, the 0regonian vii
say, that the police are alarmed owe
the matter, and that number Of PLAIN
clothes men will be detailed tomorrow
to watch over the acts Of the Russian
and 10 protect Judge Cameron.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12

champions was battle royal between
pitchers. The American Leaguers won
three to nothing. Twenty-one bats
men we're struck out, and for twelve Of
these the credit goes to Walsh, the
Americans pitcher In addition he
gave only one pass and allowed but two
hits, in the first inning Thereafter the
Nationals, until the ninth, never had
any sort Of chance to score. Pfeis'
ter, after the first few balls thrown
steadied down until the sixth, Here b
vent 10 pieces and the game was lost
According to the official count 1919
enthusiasts, encouraged by slightl,
warmer weather, we're present when tn
game began.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12
ONE BIG FIRE.

WASHINGTON, d. G., Oct. il.-Gif.
ford Pinchos. Chief Of the Bureau Of
Forestry. who has just completed a tour
Of inspection, today called on the Pres
Ident. He said that the reserves are IN
excellent condition. Only one big fire
has occurred this summer, and this did
not exceed two thousand acres. This
Ia better record even that that Of last
year whom the total area burned was
but one. tenth Of one per cent.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12
MATRIMONIAL PURSUIT STILL on.
Russian General Reaches French Sea
Coast on Fruitless Chase.

HAvRE Oct. I'm Zotti, q friend
~ General Ouchakoff, who arrived here
yesterday in pursuit Of his wife, who
Il fleeing from her husband In com
panv with Lieutenant Essihoff, declared
that the General mas no desire to kill
the man who wronged him. General
ouchakoff il convinced that his wife
who was confined in an asylum In Rus
sia, il insane, and his sole object Is q
save the woman from the consequences
Of her folly and take her back to Rus
sia.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1906-10-12
WEALTHY JANIT0R DIES.

NEW YORK, Oct. ll.-Thomas clea,
~, formerly an alderman, and said tc
be the highest salaried janitor in New
York If not in the world, died last
night d Bright's Disease. A. care
taker Of the Equitable Life Assurance
Society building at 100 Broadway, Clea
~ received salary Of $4,000 a year
This was brought out during the IN
surance investigation.