davidaulloa/AmericanStories huggingface dataset:
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1907-11-08
CASE THROWN OUT OF COURT.
American Tobacco Company Wins in
Suit by the New Company.


Guthrie and others chartered the
Blackwell Durham Tobacco Co.
and asked that the American To-
bacco Comprny be restrained
from using the name. has been
decided by the supreme court in
favor of the latter, and the case
is consequently thrown out of
court.
This decision was given out by
state supreme court Wednesday
and the effect, so learned, of de-
barring the promoters of the
new Blackwell Tobacco company
from proceeding further in the
litigation or the restraining or
ders.
This is the second time that
this case has been before the su-
preme court of this state. The
matter began in this way: The
new law requiring foreign cor
porations to domesticate was vio-
lated, so stated, by the Black
well Durhsm Tobacco Company,
branch of the American Tobacco
company. There was organized
a new company, the stock being
owned by Messrs. J. w. and
George r. Blackwell and Messrs.
w. A. and w. B. Guthrie. When
the organization of the company
was completed the secretary of
state was asked for a charter for
the Blackwell Durham Tobacco
company. of Durham. the object
being for the manufacture and
sale of tobacco of all kinds and
similar work. There not appear
ing on the records of the state
the name of any similar company
the charter was issued.
Immediately after getting the
charter the new company began
proceedings to compel the old
company to quit the manufacture
Of tobacco under the chartered
name of the new concern. In
bringing this action, which was
in the nature of a restraining or
der, the names of the superin-
tendents and managers were
linked with that of the company
sued, this evidently being for the
purpose of preventing a removal
from the state to the federal
court. Then the fight began.
The first hearing was before
Judge Fred Moore on the ques-
ton of removal from the state to
the federal court, this motion be-
ing made by the representatives
of the American Tobacco COM
pany. Judge Moore heard the
argument and decided against
removal. There was an appeal
to the supreme courtwhichupheld
the lower court.
In the second round Judge
Ferguson issued and order for
the old Blackwell Durham To-
bacco company to produce in
court its books, vouchers, etc..
for the purpose Of examination.
and the order was served. The
attorneys for the defendants
made motion that this order be
recalled. it being claimed that
the court was going out Of its
bounds and jurisdiction. Judge
Ferguson could not hear the mat
ter on account Of Hines and it
was referred to Judge J. Craw-
ford Biggs. He decided that the
order should not issue and Il was
recalled. Then there was an ap-
peal to the supreme court and
this was the matter decided.
The latest decision, soft is said
by those who have looked into
the matter. leaves absolutely
nothing for the plaintigs to go
upon. II now goes off docket
and out of court, unless there Is
a new action of some kind.
In this fight the local attorneys
interested were Messrs. Guthrie
a 4
The Washington times., 1907-01-04
REAL ESTATE TRANSFERS
PLACED ON RECORD

Mt. Pleasant-George p. Horton, jr, ct
uX, 10 Herman W Van Sender, lots -
10 81 %. So. block g. SO.
Columbia Heights-Same 10 same, lots
q 10 q, block q, SO.
TwenJy-frst street. between n and
. streets-Aylett T. Holuzman TO Char
lOtte L. Drain. lot g. square 81. $40.
Woodridge-Henry A Vieth, ct TX, TO
Luella +. Adams. lot II. block 4. SO.
IWenty-secOnd street and Pennsyl-
yania avenue northwest-John d. Sulli-
van Ell al. 10 George i. Reed, lots "a
., u, square "a, $40
Mt. Pleasant George Koehler, ct TX,
10 august r. ". Elder, lot AL, SO.
Massachusetts avenue, between Eighth
and Ninth Observation-Disclosures Howard
Sl7. SO.
1905 Marion street northwest-samuel
square AS. SO.
c street northwest. between Tweaty-
first and Twenty second streets-Annie
Fountain 10 Sadie Caruthers. east half
original lot 20. square s.. $40
10 and ll2 c street nOrthWest-Balti-
more and Ohio Railroad Company to
Alice II. and Emeline l. Moore lots q
and H. square 574, s..
BrightWOOd PaTk-JOhn T. Armes 10
WlImOt W. TreW, lot ~, square 2995, SO.
Pierce street northwest, between North
Capitol and First streets-Wilbur +.
Nash ct ux 70 Lucy B. Nash. lot "a.
square GO, $40.
Alley, between / and NJ Sixth and
Seventh streets nOrthWest-Charles W.
Darr et al. trustees, 10 Joseph LanezZO,
part original lot Is, square 449. $50.
Thirteenth street southeast, between
A and b stTeets-Alfred w. Barker ct
uX. 10 William J. Barker. lot 81 square
1857 $40
Fourteenth street and Georgia avenue
southeast. and Dent place northwest,
between Thirtieth and Thirty-first
gra - A GfHan
Francis Saul, all square I044 ana part
lot 90. square 1852 $40.
Massachusetts avenue northeast be-
tween Eighth and Ninth streets-George
d. Lantel ct TX. TO Katharine Howard,
part lot /. square south of 81, SO
The Washington times., 1907-01-04
MURDERER BURGE
ESCAPES GALLONS
FOR FIFTH TINE

William Burge. the wife murderer, will
not be hanged Tuesday next. the date
set Tor his execution. Iu Is the nth
time Burge has escaped death on the
gallows through some technicality of
the law. So often has he emerged from
the shadow OF the scanold. when ap-
parently he had no hope or possibility
or escape. that he has. been dubbed
Lucky Burge," and sesns TO have
charmed life. The delay this time in the
execution OF Burge is at the instance
OF District Attorney Baker. who de-
cided not 70 allow the order of execu-
ton to be carried out antil the full time
allowed Burge by NV 70 perfect his
appeal has expired
Although the actual time FOR the filing
OF bill OF exceptions had expired and
the term OF court in which the order
OF execution was made pas passed. and
no steps were taken b. ] urges counsel
90 conserve any OF these rights TO their
client still the con.-eIaned man has yet
about twenty days II which to make
fen appeal 10 tho DI tTtct Appellate
Court. by means Of { Tleton record"
which would not in9 p bill of er-
The District Courl OF Appeals. how
ever. is now in session SO that method
cannot be pursued.
Yesterday Distract Attorney Baker
notified Attorneys James A. O'Shea
and W. W. Bride, counsel for Burge
that he would move today TO have the
appeal OF the latter stricken from the
docket because OF want OF prosecution.
Counsel for BIrge. however, informed
1.-The District Attorney they would op-
pose the dismissal on the ground that
! the time allowed for the appeal had not
expired.
District Attorney Baker viii appear
in court on Monday and ask Justice
Gould. the trial judge, TO set a new
cate for the execution or the con-
Qemned man.
The Washington times., 1907-01-04
BURY GENERAL
JOHN v. BARRIGER
Full Military Honors for
Army Officer at Ar
lingtOn.
CAREER FULL OF INTEREST
End Comes Suddenly at Railroad
Station at Asbury
Park, N. ].

Brig. Gen. John W. Barriger. II. s.
Army. retired. died suddenly Of heart
disease In the Asbury Park. n. j.. rail-
road station. on December 81. He was
buried at Arlington. yesterday. with fun
military honors.
He was on his way 10 attend a meet
ing on the Military Service Institution,
at Governors island. New York Harbor.
Of which institution he was one of the
vice presidents al the time OF his death
General Barriger was born at Shelby
Vile, KY, March 3. 1892. and was the
son Of Josiah and Paulina (ElliOD Bar
rlger. He graduated from West Point
IN 1886, and assigned 70 the artillery and
stationed at Fort Barrancas Fla al
the opening OF the Civil War, com
handing the garrison there. IN 1861. he
was appointed first Lieutenant, and in
the same year was brevetted captain
Tor gallantry IN the battle Of Bull Run
He was later appointed captain and
cOmmlssary OF subsistence, and two
years later Lieutenant colonel United
States Volunteers.
lie was brevetted major. lieutenant
colonel. and brigadier general, and In
1910 was appointed major. He was made
assistant commissioner general IN 1892,
lieutenant colonel In 1885,. and retired IN
lsS6- In 1904. he was appointed bf gadier
general
lie Was the author or Legislative
History OF the Subsistence Department
Of the United States Army, 1735-iS76"
He married Sarah 4. +. Wright OF
Carlisle Barracks. Pa, IN 1863. and is
survived by her. a daughter. and a son,
Lieut. Com. William s. Barriger. Fif-
teentn Cavalry. who Is now In Cuba.
He was a member OF the Loyal Legion
and American Geographical Society. and
was vice president OF the Military Ser
vice Institution, and one OF the editors
OF the journal published BY that ins:i-
tuition. al Governors Island.
The Washington times., 1907-01-04

Served Longer in Congress
Than Any Other Mem
Der From Indiana.

Hon, jesse Overstreet is now dean Of
the Indiana delegation in Congress. On
March he viii have completed twelve
years Of service. and he was reelected
last year. Those who are familiar with
Hoosier politics think Overstreet viii
continue in Congress until he is either
tired Of 1t. OF is sent 10 the Senate
Also there has been a tip that because
Of his long service as chairman OF the
Committee on Postonices, he might be
asked 10 serve as Postmaster General
in future Cabinet
There is but one county-Marion-
the Overstreet district. but Il contains
the city OF Indianapolis. and the Con-
gresham has work enough for two
members
Overstreet was first elected in 1894
He was young lawyer and was serv-
Ing as deputy United States marshal
when asked TO make the aght for Con-
garess In a district that had long been
Democratic Ii was al the turning OF
the tide in Indiana politics. The State
has been counted IN the Republican col
umn ever since. and IL was following
the election OF 1884 1. at Fairbanks and
Beveridge were able 10 reach the Sen
ate Credit should be given Jesse over
street for much Of the shreWd Organiza-
ton work that has given his State en-
inence in national affairs.
Ia four campaigns OveTstreet was sec
Rotary Of the Republican Congressional
committee, with headquarters in New
York city. In each campaign, he, with
Babcock and Huh, won Victories that
kept the House safely and largely Re
publican.
4 Senator will be chosen In Indiana
ere long and OVerstreets long Con
gressIoIial service viii entltle him 20
very respectful consideration.
The Washington times., 1907-01-04
TRADE FAIRLY ACTIVE
IN THE MONEY MARKET

NEW YORK. Jan. 4.-Trade AZ the
opening OF the local cotton mark 4 this
morning was fairly active and the un-
dertone was steady although prices
were down 70 4 points following the
call. The list showed little char ge Tor
the first ten minutes, after which IL
displayed a disposition 10 recover.
Opening prices: January. S.45d446,
March. 968d969: May, 978d9 -: July.
9 .SSd9.S9. August. SIS bid.
The Washington times., 1907-01-04

The first assembly dance or 1907 at
National Rifles AFmOry. under the d.
rectiOn, OF Prof. Davidson, viii be given
tomorrow night. Among the unique
features to be introduced viii be a
fifteen-minute waltz.
The assembly dances which were given
last fall es cry week were exceedingly
popular with the young dancing set.
The Washington times., 1907-01-04
MEDAL Of HONOR
FOR BARTHOLDT

Representative Richard Bartholdt OF
St. Louis. president OF the American
gTSup 10 the international peace confer
ence, today received a medal for dis
tinguished services, a gift OF the coua-
ell general OF the Association for Inter
national Cancellation.
President Nicholas Murray Butler. of
Columbia University. presented the
medal on behalf OF Baron DEstour-
nellie de Constant, president general OF
ths council
The Washington times., 1907-01-04
CASSATT ESTATE
WORTH 100000

PHILADELPHIA. Jan. 4.-The estate
OF the late Alexander J. Cassatt presi-
dent Of the Pennsylvania railroad. is
reported 10 be valued at 100000. and is
left equally 10 the widow and three
children.
The Washington times., 1907-01-04
LOCAL MENTION.
A Dessert That Pleases Every One.

You can count on pleasing every one
at the table when you serve Holmes de-
liciOus homemade Pies for dessert. Crisp
erusts and generous home-prepared fll-
ings Mince, pumpkin and all favorite
kinds, Zoe. Homemade Fruit Cake. sc
pound. Holmes Bakery, list & Z sts
Phones E. 1910 and 1871
The Washington times., 1907-01-04
KING OSCAR OF SWEDEN
APPARENTLY RECOVERING

CHRISTIAA.IA. Jan liking Oscar. Of
Sweden Is so determined 10 live till
seventy-eight. that today he was Rp-
parently overcoming his severe fitness.
The Washington times., 1907-01-04
Pennsylvania Society to Meet.

The Pennsylvania Society of the Dis
trict OF Columbia will hold its next
meeting tomOrro " night. IN the Pythian
Temple
The Washington times., 1907-01-04

Sales to noon today. So. 600
Total sales yesterday. $50, 200.
Am. Ar. EX-Div., IA per cent.
Anc. EX-Div., S.75 share.
The Washington times., 1907-01-04

ed IRE guIar. but the great ma
I the list showed gains ranging
4 10 l per cent. Northern Pacific
Pr Atchison were the TWO exceptions.
-.eh declined : and Is. respectively.
I. Paul and Canadian Pacific ad-
vanced a.
There was a radical change in mar
ket and money conditions this morning
Good buying orders were in evidence all
around the room and there was a more
plentiful supply OF money on the floor
before IL o'clock than al any time in
many months.
Practically everything on the list made
some advance. The gains generally
ranged from / 10 points.
Government bonds were unchanged;
other bonds steady. The market con-
tinued strong all through the fore
noon. and further gains were made
IN a majority of the issues traded
In, over the prices established at the
end or the Irst hour. The supply of
stocks was scant and buying orders
even for moderate amounts easily forced
prices to higher levels all around the
room.
The Washington times., 1907-01-04
Royal Pilsen Adds to the Joy

OF living in hundreds OF homes. Let Il
Phone ". ABS. Abner-DruFy Brew. Co.
The Washington times., 1907-01-04
coaIl co.ll Coal

Best coal and wood. Lowest prices. r. J.
& NJ. c. Grace. attn & F ne. Phone e Z33.
The Washington times., 1907-01-04
Hunrarian GYpsY orehestra al

Park Hotel. Winter Garden, Rafhskr.ler
~. Y. ave and Ilth ST. F. Lldres. Prop.
The Washington times., 1907-01-04
Best Light Made,


tI.lD.
Our inverted gas light.
Self regulator, no shadow
Clio 18th c. A. Muddlman & Co, 1904 c.
The Washington times., 1907-01-04
The Best Plaee 70 Eat
AssemblY Dane Saturdav.

Quick service. neat and coy. COS 7th ST.
NV, Hours a. m. to Y p. m.
The Washington times., 1907-01-04
STOCKS, BONDS, AND MONEY
THE WASHINGTON MARKET

Following are the sales and quotations
OF today's markets
Washington Railway and Electric as
$5o0fts5iz, S5O0qS54s, s5006lS59s.
Chesapeake and Potomac TeIephOne
SIS, t1,0OOa1047s, sl.00OdlO6.
Capital Traction, lOQl434, 4d144. 2Oa
143n1. 2Oql434si 20ql4sh. 20ql43lk, a)dl48,
l00nl43
Washington Railway and Electric
40A
Lanston. 1OOal2E, lOOQl3
Greene Copper, l0OQ32lk
After call
Washington Gas per cent. s2OOd1O2ls
S500HlG3 S500q12.
Washington Railway and Electric.
preferred. I5dS5It i54S5S
Washington Railway and Electric 4
per cent. S500as5zs
Greene Copper .lOOg 1874. lOOas2& Cbuy-
er 60).
The Washington times., 1907-01-04
sc Dozen for IL Cabinet !
Relieve Your Feet

Special oner for 90 days. Faber. SOC 7th
st. formerly 40 It'll 81
The Washington times., 1907-01-04

OF aches and pains. ]. J. Georges & Son.
Inc. Foot Specialists. l21i Pa. ave.
The Washington times., 1907-01-04
N. Y. STOCK MARKET

Quotations furnished BY Charles q. Gates
4 Co. Munssy Building; Members New York
stock Exchanael
The Washington times., 1907-01-04
FINANCIAL GOSSIP.

ST. Paul directors voted TO refer the
question OF fractional shares TO the ex-
eeutive committee for further considera-
ton.
Commenting pom the eintense demand
FOR gold during 1906. the London statist
says that One-half Of -he worlds pro
duetion in that year was absorbed by
the United States.
Directors OF the United States Rubber
Company have declared the regular
quarterly dividends OF 20 on the frst
preferred stock and l1kSs on the second
preferred. payable January 81.
The New York Life Insurance Com
pany states that during 1906 II issued
policies amounting 10 more than Sl63,-
UuOsuUO Of Insurance on which the first
premiums have been paid in cash.
Under the Armstrong law, no company
In the future can issue policies amount
ing 10 more than Sl50O00.0 00 In any one
ear.
Reports that L. Il. Harriman's illness
has taken turn Tor the worse appear
10 be unfounded.
Mr.. Hartman was up and about his
town house attending 10 all business
he IS IN telephone and personal COM
municatiOn with his assistants and assO-
Ciates.
a dispatch from Boston says that
strange as Il may seem there Is very
good authority Tor the statement that
twenty-slX Broadway interests have
been big buyers Of Nipissing Mines
Company stock on the decline and the
Standard OIL interests may turn up in
control = the stock.
Flower a Co. Standard oil brokers.
have been prominent IN the selling OF
the stock on the curb and il is curb com
ment that they have been rather open
IN their selling.
The Washington times., 1907-01-04

ST. Paul directors voted 10 refer the
question OF fractional shares TO the ex-
ecutive committee for further considera-
ton.
The Washington times., 1907-01-04
GENERAL ADVANCE
IN ALL STOCKS
Wal
al Improvement in
ey Market; Best in
Many Years.

R(lflEORKs Jan. 4.-The stock mar
ed ire gular. but the great ma
the list showed gains ranging
The Globe-republican., 1907-02-28
GUILTY OF IMPROPERLY.
Special Inspector FouIk's Report on
Indian Secretary BealI in Hands
Of Senators.

Washington, Feb. 24.-The senate
committee on Indian affairs Saturday
received from the secretary of the
interior copy of the report Of Will
liam D. Foulkc, special inspector
in the Indian service, who investi-
gated charges against William o.
Beall, secretary to the commissioner
having in charge the affairs of the
five civilized tribes Foulke found
Beall guilty of improprieties in ac-
cepting employment from the firm OF
Mansfield, McMurray & Cornish. At
torneys for the Choctaw, and Chicka-
saw Nations which practice before
the commission in resisting claims
for the enrolment of various persons
as citizens of those nations. Beall
was charged with helping to prepare
briefs in these cases, and then advls-
ing the commissioner as to the de-
cisions thai should be given and in
some cases deciding them himself.
Mr.. Foulke recommended tina:
Beall be separated in the future from
the determination of any such cases
as completely "as if he were no
longer living The firm Of Mans
field, McMurray & Cornish is the
one recently awarded by the govern
ment $75O,O00 fee for prosecuting
Indian cases.
The charges brought against Beall
reflect also upon Tams Bixby, tie
commissioner of the five civilized
tribes. but the investigation did not
go into these charges. The reptr
declared, however, that Mr.. Bixby
did not appear to be as familiar as
he should be with the proceedings
before the commission.
The Globe-republican., 1907-02-28
To Benefit Western Kansas.

Colonel G. d. Perry, of Englewood,
has laid before the department of agri-
culture, personally, and through Sena-
tor Long. proposition which If car
ried out he claims will completely re-
generate the so-called "short-grass'
country and permit homeseekers now
flocking into that section by the tnous-
ands to be successful. The proposition
Is that the department shall establish
demonstrating farms at regular inter
walls throughout western Kansas, pos
sibly at each county seat, with view
to placing, the farmer, the rancher and
newcomer face to face with the results
of dry land agriculture, the Campbell
subsol process and other improved
methods of increasing production in
the semiarid region.
The Globe-republican., 1907-02-28
IN MEMORY or WASHINGTON
Anniversary Of Birth Of First Presi-
dent Observed In Chicago.
Ex.President Cleveland DWelt Upon
soundness O.; his Political Faith
And Accuracy Of His Wisdom.

Chicago. Feb. 23.-The anniversary
Of the birth of George Washington
was generally observed here Friday.
The majority of the downtown bust
ress houses were closed during the
greater part of, the day and the board
of trade and the banks did not open.
Ex-President Grover Cleveland was
the orator of the day at the celebra'
ton of the anniversary of the birth
of George Washington which Is an
nually held under the auspices of the
Union League club of this city.
Mr.. Cleveland addressed an audi
ence which filled the great Auditor
ium, and his Grafton was greeted with
every manifestation Of approval. He
dwelt less upon the history and
achievements of Washington than
upon the soundness OF his
political faith, and Tie accuracy of
his economic wisdom. The prosper
ity of the country will b., according
to the speaker, unbounded and imper-
ishable If the precepts of Washington
are actively recalled, and in general
closely followed.
Americans, are as a rule, Mr.. Cleve-
and, declared, too prone to lose sight
Of the significance of the proper OBJ
servance of public holidays. The
Fourth oe July, he asserted, has de
generated to a revel Of senseless noise
and dangerous explosion, which bears
in its train far more of mishap and
accident than lessons of good citizen
ship or pride of country.
The republic still has, he said, inn
perative need of Washington, and his
example and teachings are as import
ant to the present generation, as his
labors and guidance were necessary
In his own time.
The Globe-republican., 1907-02-28

ARREST POLICE OFFICIALS.
Charged With Robbing Salt Lake
City Tourists.

Salt Lake City, Feb. q. - George
Sheets, chief of the Salt Lake 20
lice department, and George Raleigh,
chief of detectives, were arrested ~
day, charged with completely In
conspiracy to fleece tourists ant
travellers passing through Salt Lase'
City.
Other persons under arrest 10
connection with the alleged coz
spiracy are William Newton, police
court lawyer; Ross Rizzuto, a saloos
keeper; w. Parent, who was ar
rested in Denver last week and jas
Donaldson, formerly prize ng,u
promoter. The complaint also names
W. w. Bell and Larry and Jaes
O'Brien, who are still at large.
These charges are an outgrowth OF
a robbery of Alexander and william
McWhirter, of $4,000 in this city
last November, after they had beer
inveigled into a poker game. Chief
Sheets and Mcdonald were arrested
at that time. but Chief Sheets Wal
subsequently acquitted. The case
against Donaldson is still pending.
The charges of conspiracy now
made are said to be from admis
sions by Parent since his arrest il
Lenver.
The police officers were releaseS
on their own recognizance and the
others gave bonds.
The Globe-republican., 1907-02-28
Need Not Paw Tuition Now.

Students in city high schools who
live outside the city limits in counties
which adopted the provisions of the
Barnes high school law need not pay
any more tuition for the balance of
the present school year, according to
an opinion given out by p, T. Fair
child, state superintendent. The opin-
ion says that the Barnes law became
effective as soon as it was adopted by
the county and that after its
adoption it would be illegal to col
lect tuition from the students them
selves. But the law did not make
any provision for paying this tuition by
the county for the present school year
and no county can begin paying tut
ton until next fall
The Globe-republican., 1907-02-28
A Hill of Skeletons.

Thomas Lamb of Scott county has
a jawbone Of a prehistoric animal
that was probably 40 feet long when
alive. The teeth cavities were filled
with a substance resembling glass.
This was taken from cliff north of
Scott City. The cliff is literally filled
with fossiiized remains of innumer-
able prehistoric animals and reptiles.
Whole skeletons have been taken out
by Mr.. Lamb and he has another piece
of jaw that belonged to an animal
even larger than the alleged 40 foot
monster.