davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-14

report does not give the names of
the owners of the land. but only the
description of the land which the rail-
road expects to use in the enlargement
of its yard. The owners of the land
have ten DAYS in which to appeal.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-14
Do You Like Honest,
Square DEALING !?

Dr. Perce's wordaed medicines under the belief that
publicity the best possible merit and that the intel
hgent people generally what they take their
acs whether be food drink medicine Although bold
step to take quite practice of makers
tary medicines, decided publish
cast and all his boewapp all the ingredients entering
composition makeup his celebrated family medicines
deal therefore assured his medicines
exactly what when purchasing them
ingredient published English the bottewrappe
oath These
selected among best known medical
recou ed
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-14
land for the Rock Island.

Kansas City, Dec. lie. II. Hewlett,
James Young and r. i. Marshman,
appointed commissioners to condemn
land in the west part of Armourdale for
the Chicago, Rock Island & Pacific rail-
read, made their report to the clerk Of
Wyandotte county yesterday afternoon,
awarding $1S,350 to land owners. The
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-14

q N. Duncan, travelling passenger
agent of the Rock Island, with head
quarters at Oklahoma City, has tender
ed his resignation. effective January 1.
He has been with this system for Is
years.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-14

Rock Island-Frisco OmciaIs Go East.
The Rock Island-Frisco executive Of
ficials, who have been inspecting the
lines in the southwest. are expected to
arrive at st. Louis this evening over
the Frisco line.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-14
No other Course.

The daring explorer had reached
wen. which way now?" asked mis-
assistant.
The explorer look irresolutely
around the horizon.
esDashed If / KNOW he muttered.
Then his brow cleared
Cant you seee he said. We've
found ali the north there is. Wen
have to go SOUTH 20
Merely stopping long enough to eat
another dog the party started in the
general direction of the south pole
Chicago Tribune.
L.. IL
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
Senatorial Precedence.

The tOuchy question of Senatorial pre-
cedence is involved in the rift between
the President and the Republican Sem
ators. With its rigid traditions the Sem
ate is particularly insistent upon prece-
dence in committee and elsewhere, and
any violation Of these traditions makes
endless trouble. Seniority of service has
absolute rights. The head Of the Inter-
state Commerce Committee is Senator
Elkins CIV. Va.), who has other griev-
ances beside the summary way in which
his carefully elaborated bill was con-
signed to the pigeon-hole. He, of course,
would not present another bill in pref
erence to his own. Next on the Com
mittee comes Cullom In), who was
Ill in Florida. The next is Aldrich OR.
~ and Kean IN. ~, who are opposed
to the bill alb initio. Dolliver Uowa)
comes next. and his seniors on the Com
mittee resented his being made the
mouthpiece Of the President in the
matter. After Dolliver comes Foraker
(Ohio), opposed. Clapp (Minn.) and
Crane (Mass.), young In service-all
Republicans. Upon motion Of Senator
Aldrich, Tillman, the ranking Demo-
crat on the Committee. was selected to
present the bill and make the report.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
The 10th Ohio.

Editor National Tribune: have
taken The National Tribune for over %
years. My first number is 140, my last
1878, and / have every copy filed away
as clean and nice as the day I got them
from the post office. 1t is the best his
tory Of the war Of to-day. / have LAO
numbers. and they make a large pile.
would like a short history Of the
10th Ohio. such as you frequently pub
lish. giving losses, etc.-W. F. Wiley
Box 112, Gibson City, Ill.
The 10th Ohio was organized at Camp
Sherman from Oct. 5. 1861, with
Charles r. Woods. OF the Regular
Army. as Colonel. Upon his promotion
to Brigadier- General he was succeeded
by his brother, Col. William B. Woods.
who was also promoted to Brigadier-
General. and Lieut.-Col. willard War
ner was promoted to Colonel of the
lS0th Ohio. Lieut-Col. Edward Briggs
was in command of the regiment when
il was mustered out, July Is, 1865. It
belonged to Steele's Division, Fifteenth
Corps. Army Of the Tennessee, and lost
81 killed and go died from disease
Editor National Tribune.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
RAILWAY RATES.
CONTINUED from page IL


provided In the Hepburn bill. Then
came the conference at the White
House, and the proposed amendment.
Upon this pivots the vital question:
Unless the courts have wide power Of
review will the bill be constitutional?
II the courts are given this power will
1t not be yesting a judicial body with
legislative powers which are clearly un-
constitutional?
Strongly bearing upon this was a de-
cision by the Supreme Court, handed
down April 2. by Mr.. Justice Brewer,
upholding the Michigan tax law. pri-
marily because 1T was not shown that
the State had attempted to vest an adj
ministrative body with legislative func-
tions. Justice Brewer made the direct
declaration that mo one of the three
great Departments can assume or be
given the functions of another, for the
Constitution distinctly grants to the
President, Congress and the judiciary
separately the Executive, Legislative
and Judicial powers of the Nation" He
added: ut may therefore be conceded
that an attempted delegation by Con-
gress to the President or any minis
terial officer or board of power to fix
rate of taxation or exercise other legis-
lative function would be judged uncon-
stitutional."
On the face of it, this is claimed to be
fatal to the enlargement of the powers
of the Commission.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
Senator Eikins's Position.

In his speech, Senator Elkins said
that although he had always been re.
ferred to as a railroad man, his inter-
ests as shipper were 10 times as great
as his interests as a railroad man, and
he opposed the bill, for the following
reasons:
1T does not go far enough. and is OF
doubtful constitutionality
Congress has power to make rates
or can delegate that power.
THE Hepburn bill fails to prohibit
carriers engaging in production, as /,
should.
1T gives power to revise or readjust
differentials. which should not be given
to a Commission.
Its provision authorizing the Com
mission to fix through routes and rates
is Of uncertain validity.
1T denies the right 10 suspend n rate
on appeal, which Is dangerous and un-
fair.
1T confers jurisdiction on no court
to entertain proceedings to set aside q
Commission-made rate"
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

vestigate the reasonableness OF q pro-
posed rate and to fix rate for future
observance is non-judicial power
which cannot be conferred upon courts
exercising the judicial power of the
United States.
He says that the bill is unconstitu-
tional, because:
First. It does not provide any meth
cd for challenging the unlawfulness OF
the orders of the Commission in q d.
rect proceeding against the Commits
sion.
Second. 1t prohibits parties affected
and aggrieved by the Commissions or
ders from defending proceedings to en-
force them upon the ground of their
unlawfulness.
Third. 1t SO heavily penalties the
diSObedience of the Commissions orders
as to make any attempt to secure a
judicial hearing in any form Of pro-
ceeding impractical"
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

Senate.
publican leaders in the Senate dumped
the bill overheard. to clear the party's
decks. Tillman and Bailey are trying
to make the bill a non-partisan meas
ure, but some of the other leaders are
struggling, without success, to make a
party stand upon it. The President is
undoubtedly soliciting the aid of Demo-
cratic votes. Senators Allison and Aid
rich, who have heretofore exerted the
greatest influence in the Senate, are at
odds. Allison having pledged himself to
support the President. The rift runs
through all previous combinations and
relations of Senators on both sides.
The President was assured that 20
Republicans would support the amend
ment, with at least 20 Democrats. This
made a safe majority. Now it is as
serted that not more than 16 Repub-
licans can be relied on, with the Demo-
Gratis still more uncertain. Every Sem
ator has his list Of votes, with no two
OF them agreeing.
The following is the latest list of the
% Republicans in favor Of the amend
ment:
Messrs. Allison, Alice, Perkins. Hey
burn (probably), Cullom, Hopkins
(probably), Beverage, Hemenway
(probably), Dolliver, Long, Burrows
(probably). Nelson, Clapp, Warner,
SdTtcT, MIlldTu, ouTkctt, f1dnSDrOuSn
(probably). Dick (probably), Fulton.
Gamble, Kittredge. Proctor (quite prob
ably, Dillingham; quite probably.
Ankeny. Piles. Elkins, Scott and La
Toilette.
1t will be noticed that eight OF these
are marked probable" or quite prob
able" which is very disquieting. The
opponents of the amendment are as
Stunning much holder tone. and calling
upon their brethren to come back into
camp. Senator Aldrich counts up a
majority of 40 against the Presidents
amendment.
The friends of the amendment are
not behind In their claims. They say
that II they get 20 Republican votes
they are certain Of 16 Democrats, which
Will give them two majority, since there
is a vacancy from Delaware and Sem
ator Burton is permanently absent.
The feeling is strong. however. that
the amendment is doomed to defeat
and the Hepburn bill also, unless It has
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

In his Message of Dec. 6, 1904. Presi-
dent Roosevelt said:
THE Commission Interstate Com
MERCY should be vested with the DOW
er. where q given rate has been chal-
1enged and after full hearing found to
be unreasonable to decide. subject TO
judicial review, what shall be a reason
able rate to take its place, the ruling
Of the Commission to take effect imme-
diately and to obtain unless and until
it Is reversed by the court review"
In speech at Akron, O., last Octo-
Der Secretary Taft said:
The Presidents proposition is that
the power OF the Commission shall be
to hear a complaint that particular
rate Is unreasonable. to declare II TO be
unreasonable, and to fix the rate which
should be reasonable. and embody this
finding In an order, which should stand
until set aside by a court. either upon
preliminary or final hearing"
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

The Presidents Amendment Mouthpiece
trolling her railroad rates; 1O-year ten
ure of office, removable only by vote OF
Parliament. An appeal lies not to the
courts, but to the Governor In council
This Commission has proved satisfac-
tory to both railroads and people.
infer, therefore, that few appeals, If
any, are made.
1.-The choice to-day seems to be be-
tween passing q satisfactory bill. such
as that just referred to, that will rem
edy admitted evils, and let the consti-
tutionality Of the law be decided in due
course by the Supreme Court, or, COM
promising upon less satisfactory bill
giving unrestricted right of appeal from
the Commission to the courts, thus
avoiding the constitutional question.
Relies Upon Public Opinion.
eff 1 should get the former 1 should
prefer it, If I could not, I should ac-
cept the inferior bill, feeling that ex-
perience would soon lead to its amend
ment. Once started upon the path of
efficient Government control over rail-
way rates once made and published,
never interfering in the making of
them. public opinion may be trusted to
obtain the best legislation to give us
what Canada has been able to secure,
viz, satisfactory control Of railroad
rates."
Protects Small shipper.
Mr.. Carnegie further expresses his
belief that Congress can deny the right
Of appeal in any case. He knows that
the Federal Courts only take jurisdic-
ton in cases involving $4,000 or more
and State courts have graduated ap-
peals. He does not know that large
shippers are yet receiving rebates in
violation OF the laws, but judges that
this is the case from the number Of ap-
peals made to the Interstate Commerce
Commission. The great evil is rebates.
II all parties paid higher rates it would
be much less of an evil than IL some
paid higher than others. The small
shipper not being required to defend an
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
ANDREW CARNEGIE.
He Says That AbsOlutism without Ap
peal Has Worked Well I'm Great Brit
ain and Canada.

1Ac SdyS hOSOIuutS1n "1tnOut Ap.
peal Has Worked Well I'm Great Brit
ain and Canada.
The opinions of Andrew Carnegie. the
great philanthropist. are OF particular
value on this railroad question, because
OF his extensive business experience, and
because that now, having retired, he
can take broad judicial view Of the
matter. In a recent publication he says:
My reply to the inquiry OF the Post
assumed that a perfect rate bill could
not be obtained at present. When Sem
ator Spooner seems to consider II doubt
ful whether Congress can lawfully
make conclusive any rate made by a
Commission. and Senator Foraker
seems convinced that 1t cannot, a bill
going as far as practicable, involving
some concessions. seemed highly prob
able. especially as to the right of appeal
TO the courts.
There is, as far as can see. little
difficulty In recognizing the bill that
Is desirable. the best bill. It is that
which, l think, Senator Lodge suggest
ed-that is. providing for a permanent
Commission partaking somewhat OF the
status Of the Supreme Court Its men,
bers appointed by the President with
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

consent Of the Senate, salary respect
able. tenure Of life or very long term
Of office, the verdict of the tribunal to
be final.
Objections to Appeal.
Seniors Bacon and Dolliver assure
us that in the new bill the Government
and not the shipper, will defend an ap-
peal II taken. II to this be added that
a decision made shall go into imme-
date effect until reversed. the chiel
objections to the appeal will be re-
moved, except that the tribunal will
fail to command the respect and con-
fidence it otherwise would il it were
the court of last resort.
Britain has just such a tribunal as
Is suggested by Senator Lodge. in her
Board of Trade. SO far as railways are
controlled. The staff is permanent. but
the head changes with the Administra-
ton, being a Cabinet Minister. There
is no appeal from Board of Trade de-
cisions. Canada has a Commission of
three men of the highest standing. con-
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

receiver or trustee shall forfeit the sum
OF $500 for each offense and for each
and every day OF its continuance; that
any one who shall make q false entry
i'm such accounts or destroy, mutilate or
alter them shall be subject 10 fine OF
not less than $1,000 nor more than
$1,000, or Imprisonment OF not less than
one year or more than three years:
that any examiner who divulges any
fact except as directed shall be subject
10 fine OF not more than IS, 900 or i'm
prisonment, or both: that the courts OF
the United States shall have power to
enforce this. and that the Commission
be authorized to employ special agents. j
Enlargement OF the Commission.
Sec. s. That a new section be added
To said act at the end thereof. to be
numbered as section "a. as follows:
Sec. "a. That the Interstate Conn
merce Commission is hereby enlarged
so as to consist OF seven members with
terms Of seven years, and each shall
receive $4,000 compensation annually.
The qualifications Of the Commission
ers and the manner OF the payment OF
their salaries shall be as already pro.
vided by law. Such enlargement of the
Commission shall be accomplished
through the President. by and with the
advice and consent OF the Senate, OF
two additional Interstate Commerce
Commissioners. one for a term expiring
Dec. 81, 1911, one for term expiring
Dec 81, 1912. The two terms of the pres
ent Commissioners. or of any successor
appointed to fill a vacancy caused by
the death or resignation of any OF the
present Commissioners. shall expire as
heretofore provided by law. Their sue
cessors and the successors of the adj
ditional Commissioners herein provid-
ed for shall be appointed for the full
term OF seven years. except that any
person appointed to fill vacancy shall
be appointed only for the unexpired
term of the Commissioner whom he
shall succeed. Not more than four
Commissioners shall be appointed from
the same political party"
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
The Democratic Position.

The Democrats are very much divid-
ed over the question Of no suspension
OF the rate. Senator Bailey will make
a speech this week, replying to Sena-
tors Knox and Spooner. and will insist
upon incorporation Of a no-suspension
clause. Democrats do not believe, how
ever. that it will be possible to adopt
that clause. and it is thought that after
registering their votes they will take
the proposition Of the majority for a
broad review.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

Senior Knox's (Pa.) speech has at
tracted far more attention than any 9TH
er because Of his eminence as q lawyer
and his former position in the Cabinet.
He agrees with the Senators who con-
tend that the power to fix railroad tolls
for transportation is a legislative pow
er. and that when the Legislature has
laid down rule for the establishment
OF rates the application Of such rule TO
specific cases is matter OF admins
tratfon which may be delegated to a
Commission. and that the power TO in
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
MEN AND THINGS
SAW IN =
Civil War Days.
By GEN. JAS. F. RUSHING.
SENT, POSTPAID, FOR o..

Publications Of selections from this
book in The National Tribune have
awakened strong interest in it among
our readers. Gen. Rushing had UNI
usual opportunities for meeting and
thoroughly studying a number Of the
prominent Generals Of the war. and he
has set forth his conclusions with great
fairness, perspicacity. clearness and
force. His presentation is invaluable.
as coming from man who actually
saw and lived with them.
The National Tribune has secured q
limited number Of copies-all that was
left Of the edition-and now offers them
to its readers. The book Is handsome
volume of All large pages. well printed
and illustrated on good. heavy paper
strongly bound, and with gilt top.
Sent to any address in United StateS
or Canada. postpaid. on receipt or ". >
Address
THE NATIONAL TRIBUNE.
Washington. d. G. !
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
THE PROSPECTS.

General Opinion That the PresiLents
Amendment Is Doomed, and That
There Must he a More Liberal Court
Review.
Never in the history of the Senate has
there been such a confusion of lines.
In the House party lines were aban-
doned, and the bill passed with only
seven votes against it. BY voting to
have Tillman present the bill, the Re-
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

q more liberal provision for court re-
view.
The discussion of the court review
has been prolonged until there is no
longer a hope of vote being taken
April Is. 1t looks now as if this may
be postponed a full month.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

Who Likes the Hepburn Bill as It Is.
appeal Is a splendid provision. It will
be the duty of the Government to sup
port the Commission. He Is sure that
the Senate. which is a magnificent body,
will do the right thing.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
FREE! FREE! FREE!
Vitaline Tablets

The greatest vitaxer for the Blood, Nerves,
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sufferer Of any OF the above named diseases. ~e
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The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12

Sec. 4. That section 10 Of said act be
amended SO as to read as follows:
''Sec. Is. That the Commission is
authorized and empowered. and il
shall be its duty, whenever, after full
hearing upon a complaint made as pro-
vided in section 13 OF this act, or upon
complaint OF any common carrier, II
shall be OF the opinion that any of the
rates. or charges whatsoever demand
ed. charged, or collected by any COM
mon carrier or carriers, subject to the
provisions Of this act. for the trans-
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
Serving Process by Mail.

Serving Process by Mail.
EVERY order of the Commission shall
be forthwith served by mailing to any
one Of the principal officers or agents
Of the carrier at his usual place OF
business copy thereof; and the reg
istry mail receipt shall be prima facie
evidence Of the receipt Of such order
by the carrier in due course of mail.
1.-The Commission shall be authorized
to suspend or modify it's orders upon
such notice and in such manner as it
shall deem proper. and the orders Of
the Commission shall take effect at the
end Of 80 days after notice thereof to
the carriers directed to obey the same,
unless such orders shall have been sus-
pended or modified by the Commission
or suspended or set aside by the order
or decree Of court of competent juris-
diction: Provided. however. That the
Commission, for good cause shown,
may extend the time in which such
order shall take effect.
ut shall be the duty Of every COM
mon carrier, its agents and employees,
to observe and comply with such or
ders so long as the same shall remain
In effect.
FOrfeitures and Their Recovery.
ANY carrier. any officer, representa-
tive, or agent OF a carrier. or any re-
ceiver. trustee. lessee. or agent of eth
err OF them. who knowingly fails or
neglects to obey any order made under
the provisions Of section Is Of this act
shall forfeit to the United States the
sum OF $4,000 for each offense. Every
distinct violation shall be q separate
Offense. and in case OF a continuing
violation each day shall be deemed a
separate offense.
'The forfeiture provided for in this
act shall be payable into the Treasury
of the United States. and shall be re-
coverable In civil suit In the name OF
the United States. brought in the dis
trict where the carrier has its principal
operating Office. or in any district