davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1907-12-03
NEW YORK INSURANCE LAW UPHELD
Questions in Mutual Reserve Gases An
swered by Supreme Court.

Washington, Dec I'm making response to-day
to number of inquiries from the United STATE.
Circuit Court Of Appeals for the Second Circuit in
the case OF Thomas Polk and others OF Tennessee
agt. the Mutual Reserve Fund Life Association
of New York and the Mutual Reserve Life Insur-
ance Company. OF the same city, the Supreme
Court Of the United States construed the New
York State law contained in Chapter 722 OF the
laws of 1901 relative to insurance companies Polk
and the other Complainants were policyholders in
the Reserve Fund Life Association before it was
transformed in 1902 into the Mutual Reserve Life
Insurance Company. a premium company. and they
brought the suit in the United Circuit Court
for the Southern District OF New YoFk asking for
the winding up OF the business of the two COM
panies and for an accounting to ascertain their
interests in the insurance company. They alleged
that fraud had been committed when the change
I'm name was made: declared that the transaction
was conducted secretly; asserted that Claims had
been scaled down from seS0. .222 to $574ss6 and
urged that II the law authorized such proceed
ing it should be held unconstitutional The Cir
cult Court decided the in favor of the COM
panies by sustaining a demurrer and disrnissns-
the bill. Complainants took the case To the Cir
cult Court of Appeals. and this court sought tho
advice OF the Supreme Court before rendering It's
judgment The questions related entirely TO the
constitutional features of the New York law Tha
court was first asked TO say whether any n
tracts had been impaired by the reincorporation
In 1902. and next to state whether the law violates
Article l. Section 10, OF the Constitution of the
United States. which prohibits the impairment or
contracts. This court also asked to say
whether the Law violates the Fourteenth Amend
ment by deprving the compiainants OF property
without due process of law and by abridging the
privileges immunties of citizens OK the United
States. The the question were made
by Justice Moody. and all the replies were IN the
negative He said that the reincorporation of the
company had not violated any of the rights OF
the poicyholders. and that therefore the law was
not ip contrsvention Of the federal Constitution
New-York tribune., 1907-12-03
YOUNG CASE ARGUED.
Pozcers of Federal and State Courts
InUoIUed.

yvasbi,eton Dec. 2-Ths case OF Attorney Gen.
eraI Edward T. Young, of Minnesota. inVoVlng
fine Of $1,000 the charge of contempt OF court
was argued in the Supreme Court OF the United
states TO-DAY The case deals with the rights os
states to prescribe railroad rates. and The irpor-
tance of the subject was indicated oy lhe eHoFE
10 intervene which was made In oehait OF cor
porations doing business in other parts OK ths
country
The case against Mr. Young grew out OF an ef-
fort by the Northern Pacific Railroad Company 7"
prevent Young as Attorney General from enforc-
ing the state law of 1897 The United states Court
for the district of Minnesota. Judge LOchren pre-
siding granted temporary injunction IN accore~
ance with the prayer OF the railroad company, Du',
notwithstanding this order. Mr- Young HlotA'u'e1
proceedings in the state Circuit Court for Ramsay
Countv asking for a writ OF mandanus compel
ling the railroad company TO comply with the Jaw
He was promptly summoned before Judge LoCh-
ren who imposed fine for contempt
The Attorney General sought relfer oy appIy1S
&, ar original action to the Supreme Court 1or
---,+ y, babeaa CORPUS on the ground tnat the
Minnesota federal court was without Jurlsolc'ioh-
The case involves the constitutional question:
whether an action like this is not suit against d
state which is prohibited by the Eleventh Amend
ment TO the Constitution So important Is the
point considered that Mr.. Hines sought on oenalr
OF the Southern Railroad Company to hle orIer
in the case because OF the probable effect Oh .
decision on this point on the various rate contro-
versies OF that company, and a similar request
was made in the case OF the Consolidated Gas
Company New York, involving the 50 cent law.
BY ex-Assistant Attorney General Whitney Ez-
Assistant Attorney General Beck made a protest
in the latter proceeding contendng that to permit
such a course at this time would be equivalent to
allowing a premature argument OF the gas case
The court took the application in this under.
advsement but admitted the brief in the Southern
Railroad case.
A motion to advance the case OF Hunter agt-
Wood, involving the North Carolina law.
obtain a decision In :t before the decision
the Young case. submitted by Mr.. Thon. gen.
eral counsel Of the Southern Railway Company.
who said that opposing counsel concurred In the
motion. The motion taken under consIdera-
ton
The Young argued by Attorney Thomas
D. O'Brien OF Minnesota AMI Attorney General
Hadley OF Missouri for Mr.. Young and C. NJ
Bum, chief counsel OF the Northern Pacific
against that official.
New-York tribune., 1907-12-03
KREBS IN SIX-DAY CYCLE RACE.
Winner of the Recent Contest in Boston Not
Teamed Up as Yet.

Floyd Krebs winner of the recent six-day cycle
race at Boston. who showed his heels TO both Root
and Fogler. has entered the siX-day race which
starts a Madison Square Garden Sunday at
midnight. Krebs and Leander won at the Garden
in 1902 Krebs has not been teamed up, he IS
undecided among three men for a partner.
The arrival of John Reynolds. the Irish cham
pon, and his partner. Jim Benyon, on the Carnania
Sunday morning. and Thorwad Ellegard. the cham
pion short distance rider of Europe, on the
Bucher yesterday morning. completed the influx Of
foreigners who will take part.
The arrangement for the PinkertOns TO take
charge at the Garden during the siX-day race has
been completed. Captain Duhain will be in charge
of the force hundred The rules
governing fouls and intentional falls will be an
nounced to-day by the officials of the National
Cycling Association.
New-York tribune., 1907-12-03
AMERICAN BOXER WINS
"Gunner" Nor No Match for Burns
IN Big Fight abroad.
Especial by French Cable to The Tribuue.l
t1.-.---i.h. 1nnz l,- The rrihnne Association.


London, Dec. 1.-THE international glove con-
test between Tommy Burns and Gunner Moir
tonight was as reputable and decent as any
affair of that sort could be. The theatre was
packed with spectators whose sympathles were
with the Engishman. but they were sportsman
like and bent upon seeing fair play, whether
their lost.
Such points rs were claimed during the ten
rounds were against Moir, although his superior
height and longer reach gave him an advan-
tage. The excitement was intense when Moir
forced the fighting midway in the contest, but
the final result was taken good humoredy
when Burns proved himself better boxer, with
greater power, endurance, more agility and
sounder judgment
Burns was warmly appIaudod, and even those
who lost money Moir admitted that the
better man won. There were many men of high
social standing in the audience and the con-
test was well managed I. N..F
New-York tribune., 1907-12-03
NO FARM FOR HORSES.
S. u. {. Il. Fails to Pr0Uide for old
Fire and Police Servants.

Mayor Mcclellan and Fire Commissioner Lantry
annoyed because Of the failure of the Society
for the Prevention of Cruelty Animals to provide
farm for disabled Fire and Police Department
horses. II promised TO do last winter At public
auction last week eight fire horses either
OUT disabled, sold the highest
bidders. some of them passing into the hands OF
pedlers. who rule too tender with
horsefesh.
Mayor Mcclellan, in his annual message to the
aldermen year ago. called attention to the need
of taking better OF horses disabled after
years of usefulness IN tine Fire and Police depart
ments. He had under way n plan for turning
these horses over to city departments where they
would have light work. Colonel Wagstan. presi-
dent OF the animal society. assured the Mayor that
d friend of the society ready TO provide farm
where such animals could spend their last days
in peace. special law passed giving the
city authority to turn the horses over to the
ciety
Fire Commissioner Lantry was criticised last
week for selling horses at auction Yesterday he
sent word to the Mayor that there would be
auctions like that of last week, as the So
ciety for the Prevention of Cruelty Animals had
obtained its farm. Inquiry at the office of the
ciety last night indicated that Commissioner Ian
try mistaken
A prominent official of the society, in answer to
inquiries last night, said: I'VE haven't any farm
for old horses from the Fire and Police depart
ments. We wish we had We have never appealed
to the public for money for such purpose. The
best do when old horses are be dis
posed of IS to influence with kindly
people take the horses and give them light
work. II the city will give notice a week or
two in advance will try TO get good homes for
the old horses. where the work will be light and
the treatment humane If they incurably dis
eased when they come into our hands We probably
will destroy them
New-York tribune., 1907-12-03
JAIL FOR EXCESS AMERICANISM
Iowa Friends Will Appeal to Washington
for Comrade in Hungarian Prison.

Des Moines Iowa. Dec. Friends of Frank
Polakovic. Of Iowa Falls. will appeal to the
State Department at Washington for his release
from prison in Hungary. where he was placed
last June for display of American enthusiasm
Polakovic was sent by the United Gymnasium
Association to compete at tournament Mt
Sokal For displaying the Stars and Stripes the
American party was ordered by gendarmes to
disperse All complied but Polakovic who is
said to have made contemptuous utterances re-
garding the treatment accorded him. For this
and mis- American enthusiasm ne was jailed.
New-York tribune., 1907-12-03

Elmira, n. Y, Dec 2-It developed to-day that
the officials of the Lehigh Valley Railroad believe
that the wreck at Van Etten Saturday night Of
the passenger train due in this city S:I5 O'Clock
was deliberately planned A switch had been
opened with malicious intent, and not by an en-
ploye of the railroad The engine dashed into the
siding, smashing into spnters four cars Fortu-
nately. was injured. although the engineer
badly bruised and the passengers were Sc
verely shaken up. A rigid investigation is under
va
New-York tribune., 1907-12-03
GOVERNMENT RECORDS BURNED.
Theatre Among Buildings Destroyed in
$75O,OOO Fire at Houston, Tex.

Houston Tex. Dec. 2.-Fire last night de-
stroyed business property in the heart of Hous-
ton to the value OF S75O.OOO. The flames broke
out in a jewery store and pawnshop and spread
in all directions. 1t not until O'Clock this
morning that the fire under control. Among
the buildings destroyed the Houston Thea
tire and Frank Dunn's jewelry store and pawn
shop.
The federal court offices situated In the
theatre building and all records and fixtures
total loss
New-York tribune., 1907-12-03
STRUCK BY FALLING BEAMS AT FIRE.
Two Workingmen, Trying to Dislodge the
Charred Wood, Seriously Hurt

A fire broke out early yesterday morning in the
plant of the Kings County Oil Works, at Meserole
and Kingsand avenues, Williamsburg. The blaze
was discovered by workmen, who tried TO extin-
euish it without calling the Fire Department, but
the flames gained them and were burning brisk-
ly when the firemen arrived
Several charred beams We're hanging from the
ceiling when Stephen Forosh and Rudolph p Op-
perman tried to disodge them. They fell upon
the two workmen, who were quickly dragged from
beneath the debris and hurried to the Williamsburg
Hospital. where it said their injuries
Iious.
New-York tribune., 1907-12-03
SICK QUARTERS FOR NAVY MEN.
Lange, Slingluff and Northoroft Talked of
for Captain Next Year.

Annapolis Dec. 2.-Seven members of the Ma
val Academy football team. who were buoyed
up by the excitement of the game and their
ception in Annapolis. have gone sick quarters
10 recuperate- DaCue. Douglas. Slingluff. Wright,
Mercer, De Mott, Reifsnider and Jones more
less bruised.
1t is thought that the captancy for next season
lies between Lange, Slingluff and NOrthCrOft, al
though Wright. De Mott, Leighton and Jones
also eligible. they will be members of the first
class. Douglas and Dague. both players OF all
American caIibre. will be lost by graduation
New-York tribune., 1907-12-03
1e IMPROVE RACING IN KENTUCKY

Lexington. KY. Dec. AT n meeting Of promi-
uent breeders Of thoroughbred horses here to-day
Il decided not 10 form a jockey club to
govern racing in the West IN the fact that
Kentucky already has legally constituted racing
association.
II the opinion Of those present that better
racing could be secured by conferring with racing
commissions Of other states. and committee OF
prominent breeders was appointed do this.
New-York tribune., 1907-12-03
BINGHAM TRANSFERS LIEUT.. PRICE

Police Commissioner Bingham removed Iie,1ten
ant Samuel Price from the command of the Bronx
detective bureau yesterday afternoon and assigned
in his place Lieutenant William Colby who has
been connected with the bureau in the Alexander
street police station in the capacity of a srbordi-
nate. Lieutenant Price ordered to report to
Inspector McCanerty in Mulberry street, for duty
No explanation of the change Was made by the
Commissioner
New-York tribune., 1907-12-03
ACCIDENTALLY KILLS BROTHER.

Binghamton n. Y. Dec 2.-Joseph Mascovatio
was accidentally killed by his brother Girard at
Alton yesterday. The boys playing around
the room. when Grard stepped to the shelf and
took down a revolver, which he thought not
loaded In way the revolver discharged,
and the ball passed through the skull Of Joseph.
New-York tribune., 1907-12-03
MOTOR PARKWAY SCHEME ALIVE

Mneoa. Long Island. Dec, 2-That the Motor
Parkway scheme is alive shown to-day, when
the Board of Supervisors of Nassau County
asked for a franchise and permission Mer-
rick avenue Jerusalem avenue, Round Swamp
Road, the Old Country Road and various other
county thoroughfares which the parkway viii cross
either above or below grade The application was
laid over for public hearing December %.
New-York tribune., 1907-12-03
N. Y. u. ATHLETIC OFFICERS.

At the annual meeting of the New York Uni
versity Athletic Association yesterday the follow
ing officers were elected for the ensuing year:
President, Commodore David S. Banks: vice-presi-
dent. A. A Young, 'o9: second vice-president. G A
Flynn, 09 treasurer, DIR. T. W. Edmondson: cor
responding secretary 7. Bowe. '09: recording
secretary. G. Lunt, 'O9: member at large G.
Hawkins 90
New-York tribune., 1907-12-03
NEW JERSEY RESUMES VOYAGE.

Provipcetown. Mass. Dec. 2-The battleship New
Jersey which put in here yesterday on account of
thick weather while on her way from Boston to
Newport. Norfolk and the Pacific Ocean, sailed at
"A m
New-York tribune., 1907-12-03
TRIAL POSTPONED.
Difficulty of Getting a Jury Before
HOLIDAYS the Reason.

The second trial of Harry X Thaw on the
charge of killing Stanford White postponed
yesterday by Justice Bowling. in the criminal
branch of the Supreme Court until January s. The
court ordered that special panel of $50 talesmen
postponement made the application of Dis
trict Attorney Jerome. Thaw not present,
but allowed to stand in the corridor leading
from the prisoners room at the and had an
unObstructed view of the proceedings His wife.
Evelyn Nesbt Thaw, was the only member OF the
family there. Thaw represented by Martin J.
Lttleton, Daniel O'Reilly and a. Russell Peabody.
In asking for postpOnement Mr.. Jerome said
that 1t would be necessary to lock the jury up.
and with the Christmas holidays approaching. 1t
would be difficult to get men to sit on the jury
Mr. Littleton for the defence. said that he was
of the difficulties Mr.. Jerome pointed out,
but that in this he felt that the burden rested
with the defence: that the work Of getting the case
in hand hard one. and that for these rea-
sons he would fight the further adjournment of the
case After reviewing the previous trial. he closed
with an inpassioned plea for immediate hearing.
Justice Bowling. in granting postponement. said
that 1t would take several weeks to obtain jury.
would be betered If the went until after
the holidays. He also said that he thought the
action of Justice Fitzgerald in locking the jury
In the previous trial was entirely proper and
worthy Of commendation.
When the arguments were concluded. Mrs Thaw
hurried TO the bridge OF sighs and shook. hands
with her husband. Thaw was then taken back 10
the TOmbs
New-York tribune., 1907-12-03
TRINITY FOOTBALL CAPTAIN

Hartford. Dee Arthur b. ffeashavy, of Brook
ign, has been elected captain of the Trinity College
Football team for next year. He is a sophomore
New-York tribune., 1907-12-03

Nashville Tenn. Dec 2-Jesse NJ Littleton
Mayor OF Winchester. Tenn. and former Repubn-
can candidate for Governor OF this state, has gone
TO New York 10 assist his brother. Martin W. Lit
tIeton In the defence of Harry X Thaw. VINO
is 70 be tried the second time for the murder or
Stanford White.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-02-17
AN AWFUL crime.
Was Committed at Pauls Valley Last
Week-kn Arrest Was Made
and Party Lodged in
Jail.

The grand jury of the court that
has been I'm session at Paula Valley
during the past week returned an
original bill Of Indictment against one
j. d. Anderson OF Sulphur Springs
for the crime OF statutory rape. 1t is
charged that Anderson committed the
crime i'm the town Of Pauls Valley ON
the night of February l3, and from
the facts that could be gathered the
details are OF most horrible nature.
The defendant was lodged in jail and
his bond fixed at $1,000 which ne has
not been able To- secure. The victim
of the assault is a girl about thirteen
years Of age. The attention of the
court to the crime was brought by
several occupants of the hotel "a day
,or so after the affair happened
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-02-17
SPlUITUALISM This SUNDAY
NIGHT AT R0BiS0N'S

Skoptics and believers in spiritual
ism will have an opportunity at the
Robson this Sunday evening, Feb.
II, TO witness a scancp and reh.
giously illustrated lecture in a lighted
buildins in which it is said that Dr..
Chas NJ. Sawyer will make some dem
onstrations Of the occult that are uu
eXplainable except that upon the the
ory that spiritualism exists, and that
there are ways of passing behind the
veil that divides the natural from the
supernatural. Dr Sawyer has been
very successful in Philadelphia ana
other cities in demonstrating his I'M
usual powers. Clairvoyant tests, slate
w,iung answers to questions WRIT n
and retained by the audience and sim.
ilir phenOmnea are as simple mat
ter To this naturalization ana
Standardization of spirit forms.
Surrounded by committee of the
spectators aud with the lights OF the
theater and stage at full height Or
Sawyer is able to bring forward shad.
owy forms that occupy the stage and
then move among the the audience.
The medium claims that he can
make the spirit faces apparent and
several local men who are skeptical
will probably attend in order TO de,
tect If possible and expose any trick
cry Dr. Sawyer has extended an open
invitation to all such to come and
test his powers. A series Of tests by
members Of the Royal Society of Eng
land failed to elicit from that body
any expression but those of wonder
4 small admission will be charged,
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-02-17
PERSONAL MENTION
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The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-02-17
TRADES COUNCIL MEETING
Application For a Garter For a Fed.
eral Union Endorsed by the
Council-Union Labor in
Good Condition.

At a regular meeting of the Trades
Council held Friday nigh, an applii
cation was received from the laborcr4
i'm this city for a charter from the
Abcrican Federation OF Labor. The
application was endorsed and within
the next few days a charter will be
returned and laborers Of the city or.
ganized into a union.
The reports Of the various unions
are TO the effect that organized labor
was in excellent condition and no trou.
BILE anticipated in the future.
In the absence Of President Horn.
j. w. Gollcdga of the typographical
Union, presided.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-02-17
Arrested for Conspiracy.

Deputy jim Hayens arrested W.. G.
HATFIELD of Tishomingo Friday night
on charge of conspiracy Hatfield
was brought to this city and releas-
ed on his own recognizance 10 re-
turn here for preliminary hearing.
His arrest gre won't Of connections
said he might have maintained with
IA land company of his town
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-02-17
VERDICT RENDERED YEsTERDA.
MORNING AFTER 10 HOURS.
CASE WAS A NOTABLE ONE
And Occupied the Time Of the Court
for One Week-several Cases
Continued Until the Next
Term Of Court.

The jury whicn had under cousid.
Icrauon the guilt or innocence of Jouu
Northcutt returned To the court room
Saturday morning about g O'Clock at
ter having dolibcrotcd ON the case
for a period %! sixteen hours and ron.
dcrcd a verdict of not guilty
The case which ended iu am ac.
quiual for Norh.utt had been ON
trial for the past week and has Great.
ed a great deal of interest
John Northcutt was arrested for
the crime of numbering an old man in
Rayia in August 1905 and had been
In Jail for period of eighteen
months being unable To- secure bail
The murdered man was an old re.
clusc who lived To himself i'm that
city agI was known 90 have large
sum of money hid In his house. and
ON the night uf August l6 was muir
dcrcd by some one. Suspicion point
ed to the defendant aud ON the sus.
piciou and several minor facts as
sloamo1 'ohu Norlhcut wa. or-ast
ed at Donison Texas short time
afterwards by Deputy United States
Marshal John Bridges and lodged in
jail in this city where ne has been
up until the trial of the case and his
acquittal.
The jury rcturncd in the court
room just as the court crier. X. H..
Sanders was announcing the opening
Of the court.
Late Yesterday Afternoon the ury
called for the stcnographcr TO be
present with them and read some of
the notes of the evidence taken dur
ing the trial but the stcuographcr
could not bc found and it is thought
that the notes were read Saturday
morning
Norhcutt is a happy man and i'm.
modiately after being released the
prisoner spent part OF the day in see.
ing the sights of the town.
j. Il. Champion assisted Col. Rus
sell in the defence Of the case and
il is said by many of the older at
torncys OF the local bar that the ef
forts made by Mr. Champion was
one OF the finest ever heard in the
local court room.
Among the other matters to receive
adjudication We're the following
/ L. 5. VS.. Chcs. TrammcI selling
liquor Case dismissed
/ T.. $. VS.. Gus Anthony charged
with introducing Continued by
agreement
u. S. vs.. Sol Oates, charged with
introducing. Death of the defendant
suggested and case abated.
L. s. vs.. W. A. Watts, ct al, sell
ing liquor Continued by the defen
dant.
T.. S. VS.. Jim Baker, assault 10 kill
Motion for continuance filed and or
der issued for an attached witness
and case continued
Report of the inventory Of the
property Of Amanda Thomas was filed
in the re the estate Of Amanda
Thomts, deceased.
Andreas Noark was declared a
bankrupt.