davidaulloa/AmericanStories huggingface dataset:
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23
VIEWS or TWO DISTINGUISHED TLl2LSTS
AS TO DUTY OF EACH IN THE RATE CASE
WHAT NUDGE pnITcnAnD SAID,

WHAT " QyuL iErINl ASss9Nss''si 90 aIs
Judge Jeter G. Pritehard. In his
opinion absolvlng tho Southern
Hallway from all pena.'ies of 10
rate law. is thus quoted.
"1n this Instance tho Federal
court has not been tho agressor,
but has simply adopted the regular
practice and procedure which has
been approved by the supreme
Court OF the Uh.led States in a
case Of like nature. md while the
court Is not inclined to&do any
thing that willprodnce an unseem-
ly conflict. nevertheless, 1t Il. in
eunbent upon 1t to protect the
rights of the parties to this con-
troversy and the dignity and au-
thority or this court This can
not be accomplished without pre-
serving to the fullest extent tho
Jurisdiction or the court In deter
mining the question which has been
submitted to It for consideration.
If In pursuing the we'll defined
practices and procedure with the
sole view of maintaining the ju-
risdiction OF this court at any stage
of the proceedings conflict must
conc and tr,s1t 1t may not. l
shall not evade the responsibility
which is imposed upon me as tho
presiding officer OF this court"
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23
WHAT JUDGE LONG SAID,


Judge 3. F. Long, OF Wade coun-
" Superior Court, in delivering
his decision hnins tile Southern
& Railway Company $4,000 ana its
agent IS. is thus reported
The Jurisdiction for violation OF
the rate act was clearly, he said,
In the State court hence his In
sistence to retain It. He regretted
that the Southern had seen At to
go Into the Federal court before
putting tho rate in operation and
seeking relief. t 1t were needed,
in the State court.
Other railroads were observing
the rate. Only the Southern ana
one other, the Atlantic Coast Line,
were holding Sut He was conf
dent if they had applied It and
found 1t burdensome safe author
tiles would have granted the re-
lief. Conduct like that OF the
Southern In This case bred anar-
chy. The law must be enforced.
No peace could como to the State
until all this spirit was sup
pressed.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23
,nder this provision Of the act has

under this provision OF the act mas
already been tried in the superior
Court of Wake county against the
|cenlplainant as q corporation and one
Of it's agents at that place. In mat
case the court imposed a hne o tnlrty
thousand dollars against the COMPANY
and notified the agent that ifeil {, Wo ,a
authorized by the decree Of this collrt
the Judge would impose a nominal pun.
ishment but II he, did not the court ,o,l =
would not say ao ,,aii 4 =.
this reference do not Wish to DC
understood as criticizing the state
court. for there. is no one n ,the.sta &c
|by the uncontrndicted evidence in this
ease that at least i've thousand tick,
cts are. sold daily by complainant q, n "a, a..
llntrastate business, thereby making w
possible for 1T to be sued veEthousand7
! times In one day, for penal ties amount
instance, on account Of It's failure to
comply with the statute fixing passen-
thus It will be seen that by an
enforcement of the statute judgments
can he obtained against the complain
ant Tor the sum Of two million and
hve hundred thousand dollars for encll
day The agEre egnG pena.ns for
one day would amount to q sum more
I, than eight times as much as the sum
Involved in the ORIGINAL suit for one
| year between complainant and defend-
!. ants. This system of legislation Is also
condemned by Judge Lacombe. in the
case OF Consolidated Gas Company VS.,
Mayer. las Fed. Req, so. and the con-
/ clusion Is Irresistible from what this
distinguished jur.st has to say-that
such a systcnn5Of penalties is unconsti-
1tutional and void.
This not onlv applies to penalties In
favor OF individuals against the COM.
Ipany. but also as to penalties against
4 agents of the comnany, Which would
render it utterly imnosshlA for the
i company to carry on It's business while
having an orderly inquiry made by
1.-The courts as to It's constitutional
rights.
am. therefore, of the opinion thar
i the section Of the act attempting to
Impose penalties and fines Is uncon-
stitutional and void upon the fnce OF
the act For the reasons hereinheforn
1 stated. the netitionerwil be discharged.
Ian order d!schnrglnE the petitioner
Y from the custody Of the officers OF the
state court will BIO entered and n conv
|of the same will be certified tn the
Police Justice of the citv8of Ashoyille
4 and the sheriff Of Runcon,be county. In
!. whose custody petitioner is
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23
NOTICE OF SPECIAL MEETING OF THE
a STOCKHOLDERS OF THE CHESA-I7'
pEAKE AND OHIO RAILWAY

The Chesapeake and Ohio Railway Co...
ohlce OF Secretary. Richmond, Va
Notice is hereby given that a
Of the chesapeake and Ohio 'fR; ailWay
Company will be held at the ONCE Of,
the company, in the city Of Richmond.
ga iso at oeo ns sls t aay tS e
purpose of passing upon the question
Iof authorizing and consenting to the
making BY The chesapeale, and Ohio
deed dec Of trust. to be known as It's "a Cen
Ieral Equipment and Improvement
MORTGAGE. and TO be a "a to the
|a nd ONO RAILWAY Company hsrstsofors
executed. and to any other mortxages5
now existing covering the ,property Of
Tho Chesapeake ana tGhhlo Railway
pressed in said mortgages, respectiys-3
liy. TO secure an Issue OF ten-year ays
| per cent. gold bonds not seyceeding,i rS
9hs ess aoiars n ea
authorizing. and ,consenting that 8sncf
an issue OF bonds may be made. that
ed. and that the bonded -lndebtedness
iof The Chesapeake and Ohio Railway
Company may be increased by said
which said bonds are to be issued lin-.
mediatelY upon the execution and de-
sEn Fl ssa q shs G ES n
I'M powss IA the diG G,snoss e ssl
i honds for lawful carporaSo nurposef.
Eunon sucl, terms as to tho directors
4 MY Tn. sSs stocls transfer books VIII no
closed at the Office OF 1iessTs. y$gyl,s
Morgan n COMPANY. No. "a Wall
Istrest. New York, m. # ha,seday,a TIE.
4 u NJ. ana VIII be reopcticd on Thurs
i CAV. the ! at day. of August. a a07 at
40 o'clock A., NJ. n A
Bysoraer af tha President and hoard
Iof tpipstcorS, al sSsS ~
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23

cure the payment of any damages that
may be sustaineo,
enacted with the sole view OF enforce
ling obedience to the first section OF
the act, which undertakes to fix maxi
mum passenger rates. Therefore, in.
which prescribes passenger rates Is
being contested, and the court has by
injunction restrained the enforcement
Of the same. there Is every reason ' t,r
discretion In granting the writ OF lle-
beas corpus when it is apparent that
prosecutions OF the, complainant and ITS
agents are being instituted solely for
ant from prosecuting It's, original suit.
IN view OF this situation. the court
| is called upon. TO determine the ques-
ton whether the petitioner is entitled
pears to the court that the ACT on &C
count Of which he was indicted was
and deere, deeree Of Of this hai court
Iof the United States is as follows:
| The writ Of habeas corpus shall IN
no case extend to prisoner. in Jail UNI
Hess where he is in custody under or
States, Or is committed Tor trial BE-
| fore some court thereof; or Is in Gus
tody for an act done or omitted IN
pursuance of law OF the United
cree Of a court. or Judge thereof or
lis in{custodyi in violation. OF the Con-
lstitution or&offa law or treaty of the
limited States. or being a subject or
ciled therein. is in custody for a act done
or committed under. any alleged right
little. authority. privilege. protection Or
exemption claimed under the commits
Ieien state. Or under color thereof. the
VALIDITY and effect whereof depend
upon the law Of nations. or unless It Is
necessary to bring the prisoner into
Icourt to testify
The provisions Of the foregoing sec,
iEtion are so plain that there can be M
doubt a S to the true intent and mean
ling Of the same. 1t Is provided in. ex
press terms that the writ. OF habea
4 corpus shall extend to one who Is Il
4 custody for an act done or omitted
lin pursuance of law5cfi the United
States. or Of an order. process or de
alcree Of a:conrt or Judge thareof. !,
North Carolina HOS. Chief Justic'
iClark, who delivered the opinion OF tn,
icourt In discussing the. Neag!e case
4 amone other things said: mo suci
4 doctrine, is found in. Neagle's cas-
4 (Nea giles case. 135 United States. u
Ifor it Only holds that what the Fedora
4 goTernmert enjoins as a duty the Stat
cannot punish, as crime
aEdirected that the complainant shoult
.lprovide a.ticlset with coupon attach
lied thereto. representing the difference
: between the present rate and the pro
posed rate. 1T thereby became the dut,
I of the company and its agents t
Istrictlv comply with the requirement
.Iof such order, and any failure on thei
mart to observe the sane would rende
them liable to alta chnent for contempt
land under such circumstances, the dut
,theing enloined by this court. the per
|, Iforrance of the same By the complair
them liable to punishment under tn
4 statute OF the State.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23
..In litter DlsrcEnrd."

ANY attempt to punish the company
or lis agents for the observance OF
the order and decree Of this court
would be in utter disregard Of the
eomity (which should exist between
the State and Federal courts, as well
courts possess the power to indict
persons acting under the directions
Of the Federal court for the performs
in suit which may be brought in
such court. then the power Of the
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-23

there was nothing unusual in the
proceedings which were Instituted be-
foresme BY the several railroad compa-
MES IN the State. Similar suits have
q been Instituted In the State OF Alaba m "a.
where Judge Jones issued an injunc-
iloh,, and also In tho State OF Georgia.
course
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20

wANTRD-Two or three men at once, 10 help
fiji silo and In digging potatoes, Raymond
Diemer, East Hill Telephone S3l-23, 1876
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
COLLEGE AND SCHOOL.

Chicago Is 10 have systematic med
zeal inspection in all the schools.
Martin White. who has for some
years endowed the teaching Of socIol.
ogy in the University Of London. has
now founded two professorships in
that subject, one permanently and the
other for period Of five years.
The school board Of Pittsburg has
decided TO install system of baths in
one Of its school buildings. This will
be for the use of the school children
during the day, while the mothers will
be permitted TO bring children after
school hours.
Almost all the diamonds belonging to
the estate of the late Mrs. Jane l..
Stanford. widow Of leland Stanford,
Jr, have been quietly disposed OF, and
the proceeds will be devoted TO the
Leland Stanford Jr., university In
compliance with the terms Of the will
OF the owner Most OF the gems were
sold in London.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
OPEN SEASON FOR DER.
Six Days, Oct. 25--si Inclusive. Sunday
Excepted.

Six Days, Oct. 26--SI Inclusive, Sunday
Excepted.
The open season for deer in Vermont
consists OF the last six working days Of
0ctober-Oct. 1851, emitting Sunday,
Oct. ~. The law recites that the open
season for hunting deer "shall be tae
last week in October of each year con-
tanning six working days, Sundays ex
cepted." This extremely awkward, not
to say illiterate location is interpreted
10 bear the meaning we have just stat
ed. This law was passed by the legis-
lature Of 1904.
A law Of the last Legislature provides
taiat No person during the open sea
son shall take, kill, destroy or have in
mis- possession more than one deer, and
any person who during such open sea
son, takes, kills or destroys deer shall
report the fact TO the nearest deputy
hsh and game warden and exhibit To
him the head Of such deer. But the
provisions Of this act shall apply to
deer kept or taken on private game pre-
serves."
Another section Of this law provides
that. A person not a bona fde resident
Of this state, and actually domieiled
Gerein, except person owning real es-
tate in tine state and occupying such
real estate as a doinicile not less than
three months in the year, and paying
taxes thereon, shall not hunt, pursue.
take or kill deer in this state at any
time, without having first procured D
license therefor" paying the state game
commissioner SIS for it.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
]. D. ROCKEFELLER, JR., FEARS
RECURRENCE OF FORMER ILLNESS
Resigns as Leader Of Young Mems
Bible Class of Fifth Avenue
Baptist Church.

New York, Sept. 2O--Fear of re-
eurrence of the illness that brought on a
breakdown three years ago and increas-
ing demands of business have caused
John ID. Rockefeller, Jr., to resign as
leader Of the Young Mems Bible class
Of the Fifth avenue Baptist church, and
he is no longer connected with it The
resignation was accepted and suitable
reply will be sent 10 Mr.. Rockefeller
BY the members.
IN his letter Mr.. Rockefeller states
that the class has never been 50 strong
OF well equipped for aggressive Chris
tan work" and that he therefore feels
the present is fitting time for him to
step aside. In referring to his i'll health
and possibility Of its return, Mr..
Rockefeller says that his breakdown of
three years ago and the suggestion Of
n recurrence of the difficulty last winter,
together with the increasing demands
upon him in various lines, has impelled
him, although most reluctantly, to this
action.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
THIS 4coLD BIRD
is A g. DELIcACY.
It's Scotch Grouse, Shot on the Moots
and shipped to Boston on Ice.

Boston, Sept. 2o,- Diners whose highly
educated palates lead them to forget ex-
pense when they meet where the best
Of viands are served, are now ordering
imported Scotch grouse. They are serv-
ed at tirst-class hotels in Boston and
may be had for q trifing 50 an order
To be sure the grouse are Just off the
ice, having been shipped to this country
in cold storage But they were killed
on the moors Of Scotland Their flavor,
SO the $4-a.bird diners say, does not
suffer from the long trip in an ice box
It makes one feel quite English to
dine on the imported birds while the
bourgeois at the nearby tables are eat
ing the native woodcock partridge and
grouse at beggarly $3.50 bird.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
FOR SALE.

Two OF the best located low priced building
lois in the city, located next 70 and above the
residences Of T.. J. Sowden on fremont street.
The lots are sixty feet on the street and one
hundred and thirty feet deep.
One building lot located on Park street above
Elm street. This lot is four and one half rods
on theEtreet and about uine rods deep; inter-
est in a spring zoe with the lot
One bnllding lot located on the corner OF
Rowland and Division streets, just Il South
Main street aud near Quarry street
One building lot located ON the corner ct
Pike and George streets, near the Harrison
Granite Co.'S stone sheds. This lot is large
enough for two cottages OF one large three
tenement house.
one house and lot on q Foster street, House
contains seven rooms with modern convent
ences and Is In good repair. Lot contains
nearly ore half acre Of land.
One Clayton Steam Air Compressor, cylinder
Oxe, is capa BILE of carrying fifteen nand tools q
good advantage, will be sold cheap for cash
can be seen AZ the Vermont Granite Co.'S shed.
For prices and terms apply 20 II. X. BUSH, AZ
the Vermont Granite Co.'s plant.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
Saved

Comptroller Metz of New York said
the other day of bin that he disliked;
Il object to this bill because il would
accomplish nothing. 1t would make no
real change. Il would be like the case
Of the actor and the canal boat captain.
There was once upon time an actor Who
after an enforced idlenes Of two months,
was lucky enough to secure an engage.
ment in town twenty-five miles away
The case was a hurry.up one The &C.
tor had to reach the distant town that
night. II he failed to arrive, then his
part would be assigned to someone else
Well, the man patched his worn boots
with patent thread, pinned up his few
belongings in a newspaper, and set out
in the early morning along the towpath.
He had only q few coppers, hence the
train was an impossibility. But after
the poor fellow had covered some six or
seven miles his boots gave out, blsters
arose on his feet, fatigue oyercame him
and in despair he threw himself on the
grass beneath tree. As he lay there
in a bitter mood q canal boat hove In
sight. II drew near slowly, and an idea
seized the actor. Captain. he shouted
rising hurriedly Captain pull up, for
the love Of heavenR Well, what dye
wantY said the captain as he stopped
the boat. Captain, said the actor, i
have TO get to Quag tonight to play
second heavy in The Evil That Men
Do" ! am footsore and weary, and can
walk no further. If you will assist me-
will work my passage The captain
gave the actor kindly nod. Right VI
are he said lead the boss Thank
goodness, cried the actors i am saved Z"
---Argonaut.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
EsrArE oh NM I. nAMEL..

STATE OF VERMONT. In Probate Gourt
District Of Warrington. IS. held tn Montpel-
Ter, IN and for said District, on the 9Th day Of
September, A. d. 1907.
Frank r. Hamel Administrator of the estate
of Mary T. Hame, late Of the city Of
Barre, IA said District, deceased presents his
administration account for examination and
allowance and makes application for a
decree OF distribution and partition Of the
estate Of said deceased. Whereupon it
Is ordered by said Court that said account
and said application be referred 20 a ses-
sion thereof, to be held az the Probate Office. IN
said montpelier. on the sd day of September
A. u. 1907, Tor hearing and decision thereon. And
II is further ordered that notice hereof be Civ
en- 20 all persons interested by publication Of
the same three weeks successfully In the barre
Daily Times, a newspaper published at the
City OF Barre, IN this state, previous to said
time appointed for hearing, that they may APP
pear nc said time and place and show cause, II
any they may have, why said account should
not be allowed and such decree made.
by the Court. Attest,
HIRAM CARLETON, Judge.
Fri sept e'is'2o
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
He Could Not CRY.

When minor Philadelphia county
court was about to open its session rel
Gently the discovery was made that
the court crier was absent a substitute
was provided and the court mad barely
taken up case when q breathless
messenger boy dashed in with a tele-
gram signed by the absent crier. The
missive was handed to the judge, who
read:
"Wife's mother died last night. VIII
not be able TO cry today" Brooklyn
Life.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
TYPHOID FEVER RUMoRs.
Plattsburg Declares Stories Greatly
Exaggerated--Few Cases.

Plattsburg, \. Y, Sept. 20.-The New
York Tribune of September ~ contain
ed correspondence from Plattsburg de-.
elaring that typhoid fever is practically
epidemic here, and that there are as
many as sixty cases.
These nimoFs are said to be false
and unwarranted. There are a very
few cases OF fever, which are diagnosed
as light cases of typnoid, and which are
supposed TO be doubtful at that. The
board Of health denies that there are
more than two or three such cases.
The rumors are entirely mfoundel
II Is said, and the water supply OF
Plattsburg is considered to be in very
good condition, and especially SO sincs
the heavy rains of the past fortnight.
A recent government analysis Of the
water made for the military post was
very satisfactory.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
I FAC stonn IN the bladder.

and my kidneys were affected. None
OF the means taken for relief produced
any lasting benefit until ] began the use
Of Dr. David Kennedy's Favorite Rem
edy, Of Rondout, y. Y The pain ceased
1.-The calculus or stone having been dis
solved by the medicine. am ready to
testify that my recovery was due TO DIR.
Kennedy's Favorite Remedy.--E. o. w,
Parsons. Rochester, N. Y.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
EUROPE WAKING UP
Venice The Only Quiet City Now, De-
clares L. H.Treadway.

London, Sept. 2o.-.L H. Treadway,
president Of the Cleveland Board of
Trade, leaves for home today, after a
three months tour of Europe and the
Continent. "The vast business activity
and spirit of hustle / encountered were
calculated to make visitor from tae
United States feel at home" said Mr..
Treadway. Only one city Is left in
Europe where weary Americans can
find complete change and rest, and that
i Venice"
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
Tuesday, Sept. "a, at | P. NJ, Sharp
10 Extra Good Cows

All giving milk. some fresh Soon. Five extra
good 3-year-old heifers. all in calf, two extra
good 2-year old heifers, three extra good l.
year-oid heifers, one extra good l-year-Gld
heIfer. one extra good bull, eighteen months
old, one extra good mare colt, years old
broken to drive, one extra good horss colt. Q
years old. one extra good mare, - years old,
can work or drive. Also from 10 70 10 tons OF
first class hay. Terms made known at time
Of sale.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
Lost and Pound.

Lost between 0.30 p. m yesterday and
noon tody, a bilious attack, with nau.
sea and sick headache. This loss was oc.
casioned by finding At the Red Cross
Pharmacy a box Of Dg Kings New Life
Pills, The guaranteed cure for bilious
ness, malaria and iaundice. 25c.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
THE POWER or STEAM.
Many May see hut II Takes Genius to
Realize.

When James Watt saw the steam
causing the kettle lid to jump up and
down he said There must be power IN
that steam that 1t can lift such q
weight"
There was.
Millions prior to him had seen the
same phenomenon and regarded 1t as
an unexplained mystery.
Recent scientific research has put its
finger on the cause OF Dandruff, Fall
ing Hair. and consequent Badness, and
has tinearthed q tiny germ which eate
the life from the roots Of human hair
Newbro's Herpicide destroys this
Germ and consequently restores the
hair to It's natural state.
Sold by leading drugRists. Send i0c.
stamps for sample TO Tho Fferpiciee III
Detroit Mic
Two sfzes---60 cents ana 1900
r. A. Drown, Special Agent
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
Brown Bread.

To cut a loaf Of hot brown bread
take a piece Of Irvine and place II
round the loaf and cross the ends and
pull. There viii be clean cut with
out crumbs.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20
WARRANTS IN LAND CASES.
Lumber Company Milionaires Are
Wanted.

Boise, Idaho, Sept. ia warrant
has been issued for the arrest Of sum
ner g. Moon and James Il. Barber, OF
Eau Claire, Wis, millionaire officers Of
the Barber Lumber company, and
Horace Rand of Burlington, Conn, in.
dicted for conspiracy to defraud the
government. They were indicted with
Senator Borah and others. They will
be brought TO Boise at once to answer
the charge.
The Barre daily times. (Barre, Vt.) 1897-1959, 1907-09-20

The present hunting season, wi,ich
began September 16, promises to be ono
If the poorest In years in Bennington
county, at least. Ii has All along been
predicted by persons in the habit Of 90.
ing into the woods that there would be
but few rutfed grouse killed this season
and the poor luck experienced by Ben.
iington hunters has fulfilled the pro-
rhecy Ont of a half dozen parties com
posed of good shots and with we'll train.
ed dogs only one brought back any
grouse, although many woodcock were
killed. The most plausible reason for the
present scarcity Of partridges is that
the cold, wet weather in the late spring
prevented the eggs from Matching or so
chilled the hen birds that they left the
nests. No coveys of young partridgss
were seen in Bennington and vicinit y
curing tbs summer and il Is more than
probable that only old birds will be shot
this fall.