davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1907-05-28
NEW YORK CITY WINS.
Not Liable for Damages alleged
To Be Caused by Viaduct.

Washington, MAY 27-Justice Moody to-day deliv-
cred the opinion Of the Supreme Court of the United
States, affirming the decision Of the New York
State Supreme Court in the case of Sauer against
the City Of New York which was an action brought
by Sauer, who owns property at Eighth avenue
and i55th street, New York, TO enjon the city from
using the 155th street viaduct; compel the re-
moval Of the viaduct ard to recover damages
caused by its presence. The New York Supreme
Court held that there had been no impairment of
contract Sauer alleged He contended that he
was entitled to damages for his deprivation of
light, air and access TO his property as was held
in the elevated railroad cases But Justice Moody $
opinion took the ground that the principle there
announced does not apply in a case in which the
Improvement is by the municipality. Justice Nc
Kenna delivered dissenting opinion.
On the point 10 whether there had been a TAX
ing Of property without due process of law, Justice
Moody called attention 10 the fact that Sauers
land had not beer invaded On the question OF
easements in the way Of light. air and access. he
said:
The courts have modified OF overruled their o7n
limited. bv Hesitation or i,idiciai decision. the
rights Of abuttlng owners, in accordance with its
has neither the light nor the duty to reconcile
these contiletlne -se1sioas nor 10 reduce the law
shan announce and impose. Upon the ground. then.
BY its highest court The plaintiff never owned the
easements which he claimed, and that therefore
lauon Of the Fourteenth Amendment is shown.
Quoting from the decisions in the elevated road
c>z5s, which were relied largely 70 show the
existence Of Al implied contract between the city
an9 the owners Of property, the justice said.
II would be difficult foy words 10 show more
such a case as that now before US was nor WITHIN
the scope OF the decisions or Of the reasons upon
which they were founded The difference between
structure erected for the exclusive use OF q rail-
road and one erected for the general use OF the
public sharply defined II only the forne-
which the court had in view. That the structure
was elevated and for that reason affected access.
light and air. was an important element in the
decisions. but i was not the only essential eIe-
nnent The structures in these cases were held 10
violate The landowner's rights. not only because
they were elevated and thereby obstructed access.
light and air but also because they were designed
sor the exclusive and permanent use Of private
corporations
New-York tribune., 1907-05-28

Corporation Counsel Ellison said last night that
81 Justice Moody's decision was as sweeping as il
seemed 10 be it OF great importance to the city
It viii wipe hundreds OF suits that have been
brought against the city TO recover dapage for
alleged loss Of light and air said MI Ellison. TT
doubtless will have an important bearing the
question OF the cIty's liability for subway ease
yrents The BIDS for the proposed bridge subway
lecp indicate that the contractors fearful
the feature is likely prove embarrass-
New-York tribune., 1907-05-28

A representative Of the Packard Motor Car
Company denied emphatically yesterday that
any attempt had been made by the company TO
break a record between here and Philadelphia
He said that Lee Wagner. chauffeur formerly
employed by them. but now In the employ Of
Clifford Il. Harmon, was entirely responsible for
the alleged attempt. He added that he had
learned that Wagner took out Mr. Harmon 3
automobile without permission and. accom-
panied by three friends started for Philadel-
phia.
New-York tribune., 1907-05-28

ing. Justice Moody. decision seems to that
when the city builds subway 1t does not have to
pay for easement"
New-York tribune., 1907-05-28
JERSEY ASKS ABOUT RECORD RUN.
Demands Explanation from Packard Com
pany-Automobil Firm Denies It.

Trenton, y. J.. May 2I-The State Depart
ment of Motor Vehicles to-day sent word to the
Packard Motor Car Company requesting an
immediate explanation of the circumstances in
alleged attempt 10 break the record from
New York to Philadelphia Saturday last
which resulted in three men being severely In
jured when a tire the machine broke, about
two miles from Bordentown.
Charles Parker, OF Springfield. Mass and f
a Spa and Alfred Eli, of New York were in
the automobile. Mr.. Parker is suffering from
Concussion OF the brain, and Mr.. Spall has "A
fractured hip. Mr.. Eli not badly injured.
The two badly injured men will probably re-
cover.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
Report on Schools Wanted.

Governor Smith has called upon
State Treasurer Park and State School
Commissioner Merritt for statement
showing just what the condition of
the treasury and the school commits
sloner's office is in regard to the
common school teachers of Georgia.
That the state is far behind in its
payments of these splendid educators
is well known, and he is making an
effort to see just where the state
stands. in regard to this DEBT.
Some of the counties have been
paid more than their proportionate
share Of the funds available and in
consequence some will be paid in the
near future before others.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
COMPRESS TRUST MUST sKIDOo
Given Year to Close Up Business and Leave
State of Mississippi


At Vicksburg. Saturday afternoon,
Chancellor Hicks declared the Gulf
Compress company an Illegal trust,
and gave the corporation one year to
wind up its business in the state and
withdraw He denied the application
for a receiver.
This decision is victory for Dis
trict Attorney Thames, who filed suit
against the company asking that a
receiver be appointed, and that it be
declared an illegal combination in re-
straint OF trade.
The Gulf Compress company owns
or controls thirtyone congresses in
the south, eighteen of which are To-
Gated in Mississippi.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
SWEEPING INJUNCTION
Issued Against State Of Minnesota and All
Her Officials Stopping Enforcement
of Commodity Rate.
of Commodity Rate.


Judge Lochren of the United States
court at St Paul, Mimi, Monday, is
sued an order for an injunction which
absolutely ties up Minnesota's com
modify rate law pending a final de-
cision in the case, or until the lower
courts decision is oyerruled on APP
peal by the state.
The order is sweeping in its terms,
taking in not only the defendants at
bar, including the attorney general
and shippers who were made parties
to the actions, but all other persons
as well.
This means that, even though the
county attorneys throughout the state,
whose duty it is to institute and
prosecute criminal actions under the
law. were not made parties defendant
in the suits instituted by the railroads
through their stockholders, yet the
county attorneys and everybody else
are warned to keep their hands off
the railroads while Judge Lochren
order is in effect
Not only is everybody enjoined
from taking or instituting or caus-
ing or advising to be instituted any
action, suit step or proceeding for
the violation of said act, but any
body and everybody is enjoined from
demanding that any Of the rates con
tanned in the act be given them
The order issued Monday relates to
the Northern Pacific case. Similar
orders will be drawn in the other
eight cases, and injunctlons will be
served in pursuance with the orders.
1t is reported that the state Of
flcials are planning to violate the
injunction in such manner that
habeas corpus proceedings will have
to be instituted in which event the
case will at once be appealed to the
United States supreme court, and the
whole matter determined there in
stead OF going through the usual
routine, lasting probably three years.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
s.GRAND JURY INDICTs FANATICS.
Six "Parhamites' Must Answer for the
Murder of Aged Woman.

Six persons were held to the Lake
county grand jury by the coroner's
jury sitting at Waukegan, ILL.,, in con-
nection with the death of Mrs. Lett
tia Greenhaugh at the hands of ia.
natical followers of Parham in Zion
City. They were:
Harold Mitchell and his wife, charg-
ed with manslaughter as principals in
the tragedy; William and Jennie
Greenhaugh, son and daughter of the
dead woman, and Mrs Louis Smith.
held as accessory in the commission
of the crime, and B. ]. Hopkins, I'M
dertaker.
Health Commissioner Larose of Zion
City, also came in for a scoring at
the hands Of the jury, which called
the attention of the board of health
to the laxity that is alleged to exist in
Zion City in the reporting of deaths.
Undertaken Hopkins admitted to
the corner that he knew the bones
of Mrs. Greenhaugh had been broken
by the treatment she endured, bur
said that he suppressed the fact on
the request of members of the family
Hopkins is a Parhamite.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
Fertilizer Tags Received.

The department of agriculture has
received 100000 fertilizer tags from
the Philadelphia factory where they
were made. The tags will be supplied
to the fertilizer manufacturers Of Geor-
gia, and every ton Of their product
sold in the state must bear ten Of
them
The state pays 30 cents per thou
sand for the tags and sells them to
the fertilizer companies for $40 per
thousand, or one cent each The
proceeds from the sales will go to sup
port the district agricultural colleges
of the state.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
Georgia Cuttings
CurtaiIed Items of Interest
Gathered at Random.
Bonds Voted by Canton.

BY decisive vote last Saturday,
the citizens of Canton voted for the
issue of bonds for the establishment
Of electric lights, waterworks and
sewerage system in the town, thus
putting herself alongside the more
progressive and enterprising cities Of
the state. Out of TIA votes polled,
172 We're for electric lights, III for
waterworks and 1853 for sewerage,
being a clear two-third of the regis
tered votes of the town.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
PUBLISHERS REGISTER KICK.

Appeal to Roosevelt to "Bust" Grasping
White Paper Trust.
Members Of the American Newspa,
per Publishers Association, which met
recently in New York, appointed a
committee and instructed it to call
the attention of President Roosevelt
to what the association asserts is an
unlawful combination of paper manu-
facturers to keep up the price of
white paper and to demand relief
from what they consider an oppres-
sive burden.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
"wHERE IGNORANCE is BLISS. "
Jewish Rabbi Says Pope Would Have the
people Go "Baek to the Woods.n

Jewish Rabbi Says Pope Would Have the
People Go "Baek to the Woods"
Criticism of the pope's recent ency-
elcal against modernism and decla-
ration that governments should under
take all education so that no retro
grade step might be taken marked
the Atonement Day address of Rabbi
Joseph silverman Of Temple Emanuel
In New York city. He said Of the
pope's interdict:
1T is time, high time, that the great
religious organizations should protest
against such a decree-a dictum that
would tend to shunt the human race
one thousand years backward and
makes for the unfolding of a blind
faith that can never bring happiness
To humanity" He then added
1T is high time for the governments
10 establish more laboratories, more
schools to add to the sum total OF
human knowledge, and to spread the
knowledge Of truth among the people.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27

the decree of the United States court
Giving back to the producers the TWO
Cents per hundred pounds tariff piac
ed by the roads five years ago.
More than fifteen hundred thousand
dollars must go back to the saw mil
men out of the freights paid under
the illegal tariff, and since a stand
inc master has been put to the task
Of taking evidence by Judge Emory
Sheer. the lines have joined seVera'
oar foundries and consumers in a
claim that the latter parties are the
real concerns entitled to the money
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
CANNOT BREAK TREATY WITH JAPs

Compact Of Canadian Government Must
Stand Says Consul General NOsse.
THAT treaty canont be broken, said
Japanese Consul General NOsse to a
reported in Ottawa, Ont, Thursday,
when asked for an expression of opin-
ion regarding the resolution which the
Dominion Trades and Labor congress
have forwarded to Sir Wilfred Lau-
rier.
He referred to the Japanese treaty
and explained that it was signed some
twelve years ago, was for four years
and hence, in his opinion, cannot be
broken for at least three years yet.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
TEDDY PLANS
HUNTING TRIP
Is Going After Bruin and Buck in
Louisiana CanebrakeS.
WILL ESTABLISH CAMP
Seventeen Days of His Southern Trip Will
Be Taken Up in Real Vacation
From Official Cares.

A special from Oyster Bay, N. Y.
says Far from the scene Of official
routine, and free from the details at.
tendant upon the responsibilities as
ISOLATED with the Office Of chief exec
utve, President Roosevelt will enjoy
seventeen days in camp. This is to
be the nearest approach to a genuine
vacation that the president has allow,
ed himself Though nominally on his
vacation at oyster Bay this summer,
there have been but few hours in
which official business of some sort
has not intruded A physical and
mental recreation as complete as his
cares will permit is now arranged
President Roosevelt will pitch his
camp in the northeastern corner Of
Louisiana, on or about October 8. The
exact spot is yet to be determined.
The plans provide for camping
trip, but everybody knows that the
canebrakes shelter game worthy of
huntsman worthy Of presidential cal
her. Those who Will have the good
fortune to make pleasant the presi-
dents camp expect that the monotony
of campllfe will be occasionally bro.
ken by hunt.
While the details of the trip have
not been thoroughly worked out, the
main features were announced Thurs
day by Secretary Loeb. The president
will leave Oyster Bay for Washington
next Wednesday, and on the following
Sunday will start on his western and
southern speech-malsing tour.
At Memphis, Tenn, on October 4,
the speechmaltIng program will be in
terrupted and the president will start
for the camping grounds. He will
break camp on October 81, going d.
rectly to Vicksburg, Miss, to make
his promised speech there.
The president will be the guest
while in camp OF Civil Service Com
missioner John A. McIlhenny Of lbe-
ria La, and OF John NJ Parker Of
New Orleans.
Following the speech at Vicksburg,
October 81, the president has con-
sented to make an address at Hermit
age, Tenn, on the following day.
The return to Washington will i'm
medlately after be begun, and the
white house will be reached on the
afternoon of October %.
According to New Orleans dis
patch, the region where the president
will probably hunt is the Bayou Ma
con and Tensas swamps, semi-tropical
iungles in Madison parish, near the
Mississippi river in northeast Louis
lana. In these swamps bear are nu-
merous, deer abundant and smaller
game from wildcats down to squirrels
innumerable. A year ago bunting
parry, headaG by Governor blanchard
of Louisiana, killed forty deer in this
section,
The Tensas and Macon swamps are
the center of hunting ground about
rs miles long and 10 to 80 miles
wide. During most of the year it is
necessary for hunters in these swamps
to wear nets suspended from their
hats in order to protect their faces
from mosquito bites. Hunters must
raise these nets from their faces be-
fore firing. The mosquito nuisance be-
gins to abate in October.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
Feature Days of state Fair.

The full program of the state falr
At Atlanta has not get been agreed
on but the following special events
have been arranged:
Children's day, Saturday, October
IL.
Farmers Union day, Wednesday
October 16.
Fraternal day, Thursday, October H.
All-day singing, Friday, October IS
Cattle Judging, Friday October IS.
Cement Mixers convention, Friday,
October IS.
William Jennings Bryan, Saturday,
October 10.
Cobb and Cherokee, Tuesday, Octo-
Der p.
Hall, Habersham and Rabun, Mon
day, October 20.
DeKalb, Carroll and Morgan, Tues
day, October "a.
Bibb, Twiggs and Bulloch, Friday,
October 20.
Camden and Worth, Saturday, Octo-
Der &c.
italian Colony for Stone Mountain.
While the state of Georgia and
other southern states are debating
the advisability of bringing to this
section a desirable class of immi-
grants, Vincenzo Palmbo, private
citizen and wealthy manufacturer of
New York, and his brother-in-law, Jo-
seph Parantha, of Atlanta, are active
ly engaged in instituting one Of the
most comprehensive and practical col
onization schemes yet brought to pub
lie notice.
On the Georgia railroad, one mile
beyond Stone Mountain, these gentle
men have purchased five hundred
acres Of fertile land and are prepar-
ing it for division into truck farms.
Within the next few months 1000
industrious immigrants from the ag-
ricultural classes Of Italy will be
brought over and settled upon this
land. Already twenty comfortable
frame dwellings are in course Of cree
ton on the new estate, and several
hundred more will be constructed
within the next twelve months. Saw
mills have been erected, and will man
nfactrre all the timber to be used
in building.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
Willy GRAFTEE
COME TO GRIl
Gang Which Looted Treasu
Pennsylvania in the Tolls
FOURTEEN AIRES,
All are Held Under Bail Of 500, 900
Furnished by Surety Companie
Prominent Men Implicated.


The long-expected arrest of
held to be responsible for the I
committed in the furnishing an
Grating of Pennsylvania $3.50
capitol were made Wednesday a
risburg, the attorney general CT
warrants to be issued for fourt
the eighteen persons and firms
by the capitol investigation CO
sion as being involved in the sc
Those for whom warrants were
are:
Joseph M. Houston, architec
his active assistant, Stanford B.
both of Philadelphia.
John H. Sanderson, Philad
chief contractor for furnishings
Congressman H. Burd Casse
rietta, treasurer and executive
Of the Pennsylvania Constructio
pany, contractors for steel filling
James II. Shumaker, Johnston
former superintendent Of
grounds and buildings, who re
for the furnishings.
George F. Payne and his p
Charles G. Wetter, both of Pl
phia, builders Of the capitol al
tractors for the 100000 attic
William P. Snyder, Spring CT
former auditor general, who ap
the warrants of the contractor
William L. Mathues, Media, F
mer state treasurer, who paid Il
Of the contractors.
Charles F. Kinsman, Wallis E
John G. Neiderer and Geo
Storm, all of Philadelphia, sto
ers in the Pennsylvania Bronz
pany, organized by Sanderson
manufacture of the 100000
1xtures.
Frank Irvine, auditor in the
generals Office, who audited
counts of the contractors.
Nearly all of the defendants
ed during the day, waived a ]
and entered bail for their appe
in the Dauphin county court.
principal defendants were held
900 bail, which was furnished
cry instance by surety compa
All the defendants are charge
conspiracy to cheat and defra.
state by making false invoices,
were approved by Houston AM
maker. Charges of obtaining
by false pretense were also
against Sanderson, Congressma
sci, Payne and Wetter, it bel
legged that they furnished tic
bills for a greater amount thar
we're entitled to receive under
contracts.
The action taken by the at
general was tlph outcome of al
cation made By State TREASURED
liam H. Berry during the campa
1905. He startled the state by I
ing that, according to the state
ury books, the building and fu
ing of the state capitol had cost
100000 and not $5,00O,00O, as had
generally believed, and that $500
of the money went to furnish the
ing. He charged that $4,000
the 100000 was pure graft. "
ernor Pennypacker, other stat
Gals and the contractors denie
charges, but the agitation for
vestigation which Immediately
continued until the last legislatuI
pointed a commission to inVes
the whole affair.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
preparina for Bic Convention.


Every possible preparation is BE-
inc made for the care and entertain
ment of the 900 and more delegates
oxnected to attend the international
Conference of Cotton Growers and
Manufacturers, which will be held in
Atlanta, October 10, inclusive
The CITY council has appropriated ST.
noo for the entertainment and has ap-
nointed a committee to confer and act
with a similar committee from the
chamber of commerce, which latter
organization has been stirring itself
for several weeks in great endeayor
n Guido anything in the entertain
ment line that has ever been done IN
Atlanta before.
The convention will represent nun
dreds Of millions of dollars. All the
o~ost cotton manufacturers of New
England and of England, Germany,
Italy, Spain, Russia, France, Austria
and Belgium will be in attendance.
In addition there Will be several hun
dred of the most prominent cotton
growers of this section.
The European International Cotton
Spinners' Association will be repre-
scented by lis spinners.
When the convention has closed
the foreign delegates have arranged
for a trip through the country, and
especially the south, over the South,
ern railway. Seventeen states will be
visited.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
Broughton's Salary earnisHeed.

The salary of DR.. Len G. Broughton,
pastor of the Tabernacle Baptist
church. Atlanta, has been garnisheed
and legal notice served on the treas
urer of the church.
The proceedings, which are return
BILE to the November term of the SUI
perior court, were sworn out before
Justice Klngsberry by B. A. Pugin, an
architect and followed the suit filed
against Dr.. Broughton some two
weeks ago by Mr. Pugin, who, in his
former petition, alleged that the we'll
known minister is due him $500 as
part payment for the drawing OF the
plans Of the proposed $4,000 taber-
nacle institution.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
AtIanta.AIbany EIeotrio Inc.

Work is soon to start on the new
electric lines from Atlanta to Albany
r. D. Harrington and w. J. Massee
have returned to Macon from New
York. where they went several weeks
ago on mission touching the fnan-
cial status of the new enterprises, and
It is stated that the laying of the first
tie and rail is not far distant A
great amount of work has been done
towards putting the contractors in
charge Of the grading during the past
few weeks and the indications are
that there viii now be little delay in
beginning the work. All officials will
be hard at work now until the grading
Is started for both lines.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
KIDNAPER F0ILS THE LAW.
Faced by Twenty-Year Sentence, Har
Fires Bullet Into Brain.

Fires Bullet Into Brain.
Before he could he apprehendeC
the Norfolk, Va, police at the
quest of the North Carolina autf
ties, Joseph Harrison of Currit
county, that state, put a bullet
his brain late Wednesday aftern
at the Gladstone hotel
Harrison was convicted of abduct
Benton Beasley, d son of State Sena
NJ. Beasley, all of Currituck. The
legged act was committed in 1905.
child was never found. Harrison '
given twenty years in the penitentia
but was out on bond. His applicat
for a new trial was denied by
North Carolina supreme court tt
day.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1907-09-27
carnsoie's Name Omitted.

The name Carnegie" is conspieu-
ously absent from the portal Of the
new library in Columbus, and the Of
Ncial designation of the new institu-
tion will be simply the public Il
brarv." It is believed that designating
the institution in this way, in prefer
erce to naming it for any individual
even the philanthropist whose gener-
os,tv made it possible, will tend to
nonularize the institution. Before TINS
stem was taken Mr.. Carnegie was com
municated with on the subject and re-
nlied very frankly that it was imma-
tariaI with him what name was used
as his only object in giving libraries
was to benefit communities. The new
building. which cost $4,000, is the
second largest library in Georgia