davidaulloa/AmericanStories huggingface dataset:
The Washington herald., 1907-09-14

course Of duty. lie is Democrat, it Is
true. and he believes in the Democratic
party. but he is a citizen. also. who does
not forget that the first duty Of the party
is 10 the public. He has had practical ex-
perience in ring-smashing himself. in
Duchess County, where, with the help of
Republicans the Democrats twice elected
him a supervisor.
IF the Democrats Of the South are Sc
rious ia their determination 90 clean the
slate and take a fresh start. New York.
which stood shoulder TO shoulder with
them in more than one campaign in the
past win offer a favCrite son to the ma
uonal convention. next year who Will
merit their confidence and support"
The Washington herald., 1907-09-14

sailing away from Rorkport Harbor in
the forenoon and returning 10 their an
CL0-aee at e O'Clock
The practice was with the 6-inch bat
terie& The other ships OF the fleet
the OHIO. Missouri, KeaTsarge. and IIli-
nO.S-remained at anchor throughout the
day, and their crews We're given practice
in planting mine fields and sapping. a
crew OF one snip laying mines. while a
crew from another vessel sought later
20 remove the mines theoretically with
out exploding them.
Strangers in Washington will find de-
sirable rooming and boarding houses ad-
vertisei ia The Herald.
The Washington herald., 1907-09-14
WELLMAN ABANDONS DASH.
wind Fails 10 Blow Right, but Bal
loon Breaks Loose.


Copenhagen. Sept. 13-A dispatch from
Christiania says that Walter Wellman
has returned to Tromsoe from the Island
Of Spitzbergen. having abandoned for the
present his contemplated trip by balloon
10 the north pole
Wcllman reports that he attempted un-
successfully to make an ascent on Sep
tember ., but strong northwest wind
forced the balloon inshore and the balloon
broke loose and disappeared
The remainder Of the equipment was
suvod. lie intends TO make another at
tempt next year with "a new balloon.
Trondjhcm. Sept 13.-The DagspOsten
SAYS that WelImau arrived al TrOmsoe
on board the Frithjof last night
When the wind drove the balloon south
ward it was cut adrift. but the car and
other parts were recovered after two
days work
The Washington herald., 1907-09-14

club believes that New YORK IS
Democratic state ana lA'l Lieut.
GOV. Lewis StuyveSant SnaIief can v''iS
IL again MT FOX Is aeAno"ieuseu oS
democrats OF tHls State 20 De one o- ''-e
coolest and most eApoile"yeu o'S'i 's''
Oh polucs ln jheF party. MS U"s'i'1'''
o- men, situations anu Isis9 vas '-1
ol 'ie cil1I Isila-le5 oL i'i,'i''i
MS lnIlH4ate iileuo' -A 'Ne 'o"e va
campaign successes uI 1i"l ""'''' --''1'
ol IdiilA4hy Han
said SiI- FOX IN discussing '"e iy7'
uehuaI eahdiaaey OF Lieut. ''F' o'-''i'''i'
W-ieh IS no" receiving nearly Sopio'l
rom Democrats tnfoos'l'ut 'ile ''u'','s
me eNIraoIdnSs! run OF i''eo'-,'o''
o-i'lllie' last I1H i--.oe ii'i' No'ili'''-''"
ING state hsN'e' ana A-S wise ana 1o.-'''
N"'lNe course as presiding oh'eer Oh 'ie
state senate has properly given MN ma
tional prominence. The more he is dis
Cussed by Democrats as Presidential
possibiit, ths more 7 find does his avail
.tfr,r,- ,,..,-, ,...,--,fz..1 and -7,.. ,,,o.-s
-
'--S sem ~ ~ ,--1
soiut''A ol tHe pIoui9iA Ao" S'llll o1'1ll7
the national Democracy
Right Arm of Hughes.
..7Tr CHar1a~ oar1, +, rha assistance of
g. rf..-.r..... 49,, ,..,-,,. ---....-, . +,,..
I1Hlsla'~'e' upon lNe P'lNtlPle tlo' A5
DeSt serves me Democratic party VINO
best serves the interests of the public.
Without his aid some of the reforms pro-
fecrsd bv the governor would undoubtedly
have b.ao los- ,D account ,f rra action
NV F'''.,''.i '. ''-''
Lgi IlId '-e members OF the Nalo"a-
democratic CUB, az dinner last winter.
that he intended 10 support the reform
governor just as long as that officer fol-
lowed fra rrirrfr,les orl--rriata1 i'm tho
,,ar,rsis, .yl-bif.. ...57 - mi, ,--,..4.
-'7 o. -'', 5''.'"'' car
- ms ''' 'luSH- --'ve-eu REFORMS ''.-L is
- - -, -.
can or a Deu,o,rsrf, .,-a.,,,Ii,-a ,yl5rrs-
of the two great political parties pos
sesses monopoly of the virtues or fol-
lies OF politics, and as the management ot
talu parry Is Responsible TOT a snare OF
I.,.,. ~, . i- ,- - "a '-.[
+rei~ correction and i, ~. i-,,,.~,,-..-,-..-+
generally of existing conditions
The lieutenant governor adhered strict
ly 10 this high resolve, and his services
as presiding officer and as q member of
many important State boards have proved
Very beneficial Go the public, and have
been correspondingIy helpful TO the Demo
crauc party as "a whole IN the state.
Gov Hughes, i understand, has seo,s
ously acknowledged those services, and
as TOT Jne senate. II unanimously adopted
The Washington herald., 1907-09-14

To-day High tide lzli a. H. and 1854 q. m. low
tide a.. Ia. and 6 "a p IA.
T0mOuuN-HgL ude. 40 a. m aud 30 D. n
low tide s a. ~. and s p. M
The Washington herald., 1907-09-14
Condition OF the Water.
Tcmncratures In Other Cisiea.

Special 10 The Washington Herald.
Hapers Ferry, ". Va. sept la-B0th rivers
muddy.
The Washington herald., 1907-09-14
Local Temneratnre.

Midnight G. . q. m.. 65; q. m. 81. 6 a. m. 50;
a. m., So. 10 a. m. ~ y noon, "a; 9 Is M. -;
! D. m. Is. 6 D. IN. -5; il. H.. O.; 10 p- m g..
Maximum. 20. minimum. 50.
Relative hgmidir-5 a. m.. s., p. m, IS; p.
m, IS. Rainfall s p. m. % s b. M o. Hours %;
sunshine lZS. pef cent of possible sunshine. 100.
Temperature same date last year Maximum, s..
rnrr.iu1rfrr
The Washington herald., 1907-09-14
CHANLER Is PRAISED
John Fox Discusses His Pres
idential Candidacy.
HAS AIDED HUGHES REFORMS

Partisanship SUbserVfeut to the
General Veal of the PeopIe-Not
IndependeHt Tendencies--His Char
ncter Much Like that of His Father.
The Washington herald., 1907-09-14

Temperatures In other cities. together with the
amount Of rainfall, for the twelve hours ended al
5 p. N. yesterday, are as follows:
Vsfr.
The Washington herald., 1907-09-14

nof"h4r : 1907 Rsman,her the daf~-
The Washington herald., 1907-09-14
His Father's Independence.

There is a strain of independence in
the son which must De reckoned with in
any attempt TO sVere him from right
The Washington herald., 1907-09-14
DRIVER LEFT $5,OOO.OOG.

Jayne served i'm the First Mississippi
gimeut during the Spanish war.
The Washington herald., 1907-09-14

pure linen, sheer
swiss with black
lace inserting and
edge. also with
lace corners.
The Montgomery advertiser., 1907-09-05

riiy covering the merits of all the cases.
 Tt is finally insisted for the defend- ants, that they are in no wise bound by the direction of the Governor as to the institution of criminal proceedings and arrest of parties for the violation of these statutes Without deciding the point, this may be conceded to be the law for the purposes of this opinion.
 Assuming they are not bound by the directions of the Governor, and insist ing that no overt act has been charged against them. they contend they can- not properly be made parties defendantN The allegations of the bills as to what the defendants will do. are quite posi- tive.
 The bills state in detaIi. what 1t is alleged his Excellency the Gov ernor had said as to offences complainant committed by coming Into this court and that 1t was daily violating the law of the land, etc. and the instructions he intended to give solicitors and prosecutors as to arrest of compiainant's officers agents and servants. in defiance of the injunctions heretofore issued in this case.
 Do Not Deny Allegations.
 It Is alleged positively that the several solicitors and other prosecut- ing omcers will cause complainant's officers. agents and servants to be ar- rested. indicted and prosecuted for each or said charges. refusals,' etc. The defendants know whether they have received instructions from the Execu- tive to prosecute compliments officers agents and servants. They give the court no information on that point
 If they have received such instruc- lions, they decline to state whether they intend to follow them. They know their own purposes--whether, upon their own volition, or at the promptings of others-as to disobedi- ence of the orders of the court. The answers are identical, and the defence Is evidently directed by one mind.
 Otherwise. the court knows from informal communications from some of the defendants. that they would have formally disavowed in their an- swer any purpose to defy the orders of this court. No one of the defend ants disciaim a purpose or intent. which the bill distinctly imputes to them, to violate the orders of the
The Montgomery advertiser., 1907-09-05

|
 yasion of property rights through the instrumentaiity of an unconstitutional law, that Jurisdiction could not be busted by the fact that the State had chosen to assert it's power to enforce the statute by indictment or other criminal proceeding.
 Tt cites as authority for that prop osition the leading case of Springhead Spinning Co. vs. Riley, l.. R., Ed, | 55i-55S. in which the Vice-Chancelior | said: The Jurisdiction of this court Is to protect property, and 1t will inter- fere to stay any proceeding, whether connected with, crime or not. whtcn goes to the immediate or ultimate de- struction of a property right. or make it less valuable for use and occupation Tn the still later case of Dobbins vs Los Angeles. 195 U. s. 241. the Su- preme Court declares, It Is we'll sct- tied that where property rights will be destroyed. unlawful interference by criminal proceedings under void law or ordinance, may be reached and controlled by a decree of court Of equity
 Moreover. the Supreme Court of the United States has declared, that the proper, if not the only mode of judi cial relief against the character of rates established by the Legislature or by it's commission is by bill in chan cery asserting It's unreasonable chsr- acter, it's conflict with the Constitution of the United States. and asking decree of the court forbidiing the cor poration from exactiug such fore as excessive, or establishing its right to collect the rate as being within the limits of just compensation for the ser vices rendered. This is the language of Mir. Justice Miller. in Chicago etc" R. R. Co, vs. Minnesota, l54 u; D. 41S, which is approved by the whole court in the later case of RAILWAY Oo' vs. Gill I56 U. S., 649.
 Indictments Wouldn't Settle.
 Indictments under the rate stat utes would not settle anything except the particular case. One jury might find one way, and another jury ahotnet way, on the same state of facts. Ahe law would be left in uncertainty anu confusion, and so would rarriers, snip pers and messengers as to their rights. If the defendant were acquitted, It would not be binding opon the state upon the same state of facts upon an other prosecution. For noted ln- stance. in a case of great hardship see Boyd vs. Alabama, s4 U. s. S4S. The expense of making the prooi fe- ouired in cases of this Kind, If the car rier could be indicted for each trans action, would force him to succump lo the statutory requirement, and prevent his assertion of his right meantime in equity.
 'In recognition of the excessive Dur dens which would be imposed upon the carrier by the numerous suits and in- dictments if 1t contested the validity of rates, the Legislature wisely pc vided the mode by bill in equlty against the Commission, which would settle everything in one suit. and bind the state, the public and the railroads.
 Under the Constitution and jaws Of the United States. the carrier could hle such bill though the State laws were
The Montgomery advertiser., 1907-09-05

. l court Under these circumstances. and In the light of occurrences known to all men, what inference ought the court to draw?
 Tt is usual in answers of this kind, especially upon the part of officers of the law, who seek to defeatt the issue Of preliminary injunction, to dis avow any purpose, when It Is charged, to override or disobey the orders of the court. Had any one of the de- fendants answered that he had no in- tention or purpose to prosecute or arr rest In violation of the orders of the court. the court would have propmtiy dismissed the bill as to him. with his costs.
 "A court may take judicial notice. of Iacts which are notorious within It's jurisdiction, and, taking such notice. this court Is bound to overrule the contention that the mere apprehension that Illegal action will be taken, with out any overt act cannot be made the basis of enj0ining 1t. This contention is well answered by the Supreme Court of the United States in Vicksburg Water Works V. vicksburg, 1S5 U. s. 66. where the court said:
 Tt is one of the most valuable features of equity jurisdiction to an- ticipate and prevent certain injury, where the damages would be insult fcient or irreparable. The exercise of the Jurisdiction Is for the benefit of both alike--in disclosing to the de- fendant that he would be acting with out warrant of law, and in protecting complainant from injuries. which. if Inflicted. would be wholly destructive of his rights.
 The only real difference between the injunctions heretofore issued. and those now prayed is that the solicit tors and sheriffs are made defendants by name. instead of being included. as in the former order. under the designa- tion, other persons The injunctions now asked only follow the lines the Supreme Court held proper in Reagan v. Trust Co.,, supra. and Smyth V. Ames, supra, both of which cases In some respects, went further than the injunction now asked.
 Let an order be entered granting the preliminary injunction as to all the who have been served, and fixing a further day as to defendants who have not been served"
The Montgomery advertiser., 1907-09-05
FEDERAL COURT
 DECISION
tcon.,nuea from Page one.o

tered iniunctive relief wnep the per- fnrnaance of the duties invoiNci some thing much more than the purely min isferiaI Prout Starr. lSS B. $. 5Ss In that case. the Supreme Court at- firmed judgment enjoinins the Alt torney General of Nebrafka from car rying on prosecutions in .he supreme Court of Nebraska, to collect penal ties for S310,000 for rates exacted in excess of the Nebraska statute The Attorney General set up. as appears from the opinion of the Supreme Court itself, that the Attorney General can not he restrained by an injunction of T United States Court from enforcing fhe criminal laws Of the State.
 The Supreme Court said that com tention is only another phase of the same question referring to It's obser- vations in another phase of the same opinion, wherein it said, It would in- deed be most unfortunate 1T the irn- munity of the individual states from suits by citizens or other states. were interpreted as nullifying other pro- visions of the Constitution which con fer power on Congress
 all of which provisions existed before tn eadoption of the Eleventh Amend- ment, and which still exist. and which would be nuilifed and made of no effect, of the judicial power of the United States could not be in voxed to protect citizens affected by the passage of State laws disregariirg these constitutional limitations. Much less can the Eleventh Amendment be successful pleaded as an invineible bar rier to judicial inquiry whether the sal utary provisions of the Fourteenth Amendment have been disregarded by State enactment.
 sTn the same opinion, it refers to the cases. among others, of Pitts. vs. McGhee. in which the Judicial power of the United States mas secured State immunity from suits in proper cases. The Supreme Court held that the in functions against the Attorney General of Nebraska to prevent prosecutions to recover penalties for violation of a State rate statute did not present a proper case in which to apply the doc frire of Fitts vs. McGhee, supra. It emphaticaIly held that Fitts vs. Me- Ghee had no application whatever to such case.
 ..If it be a wise and salutary prin- sciple, as the Supreme Court of the United States has repeatedly held. to restrain the Attorney General of State in matter of this kind. upon what principle or reason can it be con tended that restraint of a solicitor as to the like matter is a suit against the State or otherwise improper?
 Cannot Change Jurisdiction.
 s'In the still later case of Davis and Farnum Manufacturing Co.,, vs. Los Angeles. 1s9 U. S., 217, the Supreme Court says, without qualification it would seem If there were Jurisdiction in a court of equity to enjoin the in-
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-11-06
Penms yEvania

PHILADELPHIA, Pa. Nov > =
the election in Philadelphia passed
on very quietly. tie Republicans el.
ectins all their canilidntes by the usm.
al large majority. There was moro
interest taken in tie fate of the $40.
100000 loan proposition than IN tho
success of any candidate on the city
or state ticket. The city party. the
reform organization which has fought
the republican organization for soy
cral years. went OF record as against
the loan AID made n fight against the
proposition.
The returns tonIgnt snow that the
loan which had tho solid backing of
the Republican leilers carried the
city by majority sconsderabl. IN
der that given the siccessiul ReDub.
lican candidates.
John O. Sheats. the Republican can.
didatc for state treasurer. whose home
Is in this city. ran strong ana his
plurality will be close to 10000 in
the state
Joel Coos. Republican. was today
elected to Congress from the Second
district To fill the vacancy caused bv
The resignation of John Il. Reyburn.
who was elected mayor OF Philadcl.
phia last spring. His only opponent
was n Prohibitionlst
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-11-06
Ohio

CLEVEAND Quo. Nov. 5.--Nlnvor
Tom L. Johnson was today re.clnctcd
TO the fourth time as mayor of Clevc.
land In hard fought battle In which
The Republican ticket was headed by
Congressman Theodore IL. burton.
chairman of tho House Committee on
Rivers and Harbors.
AT midnight Chairman Baker. of
the Republican committee. conceded
inc election of johnson BY 5000 plur.
AMY. Al the Johnson Headquarters
MS majority is placed at a highc.
ilgnre and the election of the entire
city Democratic ticket Is indicated bv
1000 or more. The Democrats elect
y majority of the councilmen. Con.
Sressmnn Burton made considerable
gains over the vote Of two years ago
when William II. BOYD was the Re.
publican candidate. hut the gain was
not sufficient 10 overcome the strong
Johnson lead At . a. NJ the official
count on lao OF PA precincts eiyn
Johnson 23,990 Burton 20.43g. Tho
present ratio II maintained will give
Johnson majority of over 5000.
CINCINNATI. o., Nov. 5.-Thc
election of Col Leopold NiarI,breit.
Republican candidate for mayor, Is
conceded ~ the opposition party. Re.
norts from 227 Of tho 237 precincts
indicate that his plurality will be not
less than 10000
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-11-06
Kentucky

LOUISVILLE KY. Nov. G-prac.
tically t)mplctc returns from six
counties exclusive OF Louisvillc ami
Jefferson county givo Wilson. Re.
publican. a plurality of o00 over LA.
gcr Democrat. for Governor. This Is n
Republican gain of Loo for these
counties.
The indications for the legislature
point TO a Democratic majority of
about . On joint ballot. heavy loss
for the Democrats.
complete reversal of tho usunl
Democratic maioritles In the CITY of
Louisville with hcavy Republican
GAINS throughout the state In ratio
that indicates the probable cloctinn
OF Wilson, The Republican canditlnt ,
Tor governor, was the situation at
'3o a. m Wednesday, after ono of
me most holly contested elections In
Kentucky. Al thni hour - of the ITO
counties In Kentucky exclusive of
Louisville and Jefferson countics hod
hocn heard from.
@ n. mD--Augustus T.. Wilson. Ro.
publican candidate FOR Governor ana
tn" entire Republican state ticket have
been elected by mnioritios ranging
from 5000 TO 10000 and the Ropub.
leans have carried the CITY of Lon.
isNillc FOR both state and citv tickets.
Grinstead Republican. h elected
mayor of Louisville by 5000 majority.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-11-06
Maryland

BALTIMORE. Md. Nov. G-Shortly
before IL. H. only about 10 per cent.
OF the city precincts had been heard
from and 10 figures whatever have
come from The counties In the state.
The city precincts reported. which
are scattered. indicate very slight
Republican gain as compared with
The mayor.lty election when Mahool
tDem) woi by about 1900
Conservative estimates based on
very mearo Information. Indicate
that Crotlers Dem) for governor
will cary lie state and city by from
5000 TO 5000.
Returnl from the counties indi-
Gates that Ex-Governor John Walter
Smith wis in the Democratic scna-
.torial race by big majority. In this
city the nee apears to be close be-
tween him and Governor Edwin War
field.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-11-06
Mass achusetts
Am Assorlntod prnea.l

BOSTON. MASS, Nov 5.-Tho Re.
puhlicans won sweeping victory IN
tcday's election ye-clccting Governor
Guild ana all other state Officers
Tho Republicans will have their usual
majoriiies in 10th branches of the
legislature.
The state officers t-ectod are MS
follows; Governor. Curtis Guild. Jr..
of noston. Lieutenant Governor. Iebcn
S. Diaper Of iIopedale: Secretary OF
State. William Moin OF Boston
Treasurer Arthur D. Chaplin OF lIol-
yoke; Auditor. Henry +. Turner OF
Maiden Attorney General Dana Ma
lone. OF Greenfield. Returns a, ten
O'Clock Indicated Coy. Guilds plurality
at $4,000 or more.
Governor Guild was opposed for re-.
election by six other con0muates.
Henry NJ Whitney. OF Brooklinc
Mass. Democratic, and also running
on two sets Of nomination papers
Thos. iisgen. of West Springfield
Independence League; General Unns.
Bartlett, Of Newton. Anti-Mcrger:
Harvey s. Cuwell Of Ashbmrnham.
T. ohilition John W. Brown. of Wor.
ccster. Socialist. and Thomas T. Ben.
nan, oi Salem, Socialist Labor.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-11-06
MYSTERY SURROUNDS
WRECKED SAILING SHIP
Shipping Men Puzzled Over Identity
OF Vessel That Foundercd Near
Cape Horn.

With the safe arrival at Seattle.
Washington. yesterday. OF the four
masted sailing ship Arthur Scwan.
which left Philadelphia on April 8.
another mystery of the sea IS left un.
solved. Three weeks ago reports were
received from Punta Arenas that the
steamer Fridjof had returned from a
sailing cruise near Cape Horn and
rep't-ted that she sighted the Ton.
masis of Il four mcsted sailing shin
that had gone down between Cane
Horn ana Cape Pillar AT that time
shipping men IN this country believed
that the foundcrcd vessel was the Ar.
thur Sewall.
With the sowall safe at Seattle
shipping men are Mt loss to account
Tor the vessel fomnderod near the
bl'vk shore at Cape lioin. Several
Sailing vessels are now onroutc for
the Pacific ocean from tho United
States, but they have all been sight.
cd since the unknown vessel form.
dered near the Horn.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-11-06
w. H. l. KENT AND MISS
YOUNG ARE MARRIED
Ceremony Performed Yesterday at
The Little Church Around the
Corner. New York.

telegram received by The Daily
Press from New York yesterday even
ing stated that Miss Mamie Young.
daughter Of DR. Young, OF Denbeigh
Va, ana Mr w II. H. Kent Of this
city We're quietly married Mt the Lit.
lie Church Around the Corner in
New York nj noon Yesterday. The
rector, Rev. DR.. Houghton. performed
the ceremony.
Ms. w. g. Young. of Denbeieh. was
matron OF honor and Captain II. 4.
IAN L. S. ~. attended the groom as
best man. The only other witnesses
to The marriage were Mrs. Hall and
ir Charles f. Hundley. formerly OF
This city. but now OF New York. Mr.
and Ms. Kent Will spend their hon
cymoon in the West Indies ana ON re-
turning they will make their home in
this city.
Mr.. Kent has been local manager
OF the National Brewing company for
many years and his bride has lived AT
Dcnheigh all her life.