davidaulloa/AmericanStories huggingface dataset:
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-30
CONVICT PACKERS
FOR REBATE-TAKING
Court of Appeals Affirms
Decree of Lower Tribu-
nalin Missouri
HEAVY FINES ARE
TO BE IMPOSED
Armour, Swift, Morris and Cudany
Must Pay $4,000 Each for
Accepting Concessions on
Foreign Shipments.
Suit First OF
Kind.

ST. PAUL, MINI. April 29.-Judge
Sanhorn to-day filed the opinion OF the
United States Circuit Court of Appeals.
which he had written. affirming the judg-
ments OF the United States District Cou.t
for the Western District of Missouri
against the packers for accepting conces-
sions OF twelve cents per hundred pounds
from the portion of the established rate
for the transportation of provisions
on through bills of lading from Kansas
City to Christiania and other points in
foreign countries. Judges Hook and Ad-
ans concur in the opinion.
The lower court imposed a penalty of
$4,000 on each of the indicted firms, and
these fines have been affirmed
The defendants involved in the decision
are Armour Packing Company, Swift
and Company, Nelson Morris and Com
pany, Cudahy Packing Company.
Tho cases are the first of the So
called rebate cases brought by tho
United States against the packers, to
be determined by the appellate court.
and will form the basis for future
action until the Supreme Court re-
views the decision. The substance OF
the conclusions reached by the court
are:
Conclusions of Court.
The giving or receiving of a rebate
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-30
Does -. Involve Rates.

'"rhig does not involve enforce
u1cnt by State of general scheme
of maximum rates, but o.ily whether
an exercise of State authority to COM
pei carrier to perform a particular
and specified duty Is so inherently un-
just and unreasonable as 10 amount to
the deprivation of property without
due process OF law or n denial of the
equal protection of the laws. In case
involving the validity OF an order en-
forcing n scheme Of maximum rates.
of course the finding that the enforce
1nent of suct, scheme viii not produce
an adequate return for the operation
Of the railroad. In and of itself demon
strates the unreasonableness of the
order. Such, however, is not the case
when the question is as to the validity
of an order TO do particular act,
the doing of which does not involve
the question of the profitableness of
the operation of the railroad as an en-
tirety But even If the rule applicable
to an entire rate scheme were to be
here applied as the findings made be-
low as to the net earnings constrain
us to conclude that adequate remu-
neration would result from the general
operation of the rates in force. even
allowing for any loss occasioned by the
running of the extra train In question.
it follows that the order would be nn-
reasonable, even IL tested by the doc
trine announced in Smyth VS.. Ames and
kindred cases.
Public Has Rights.
at does not directly involve any
question whatever of the power to hs
rates and the constitutional Limitation
controlling the exercise of that power.
but is concerned solely with an order
directing n carrier to furnish facility
which 1t Is a part of It's general duty
to furnish for the public convenience.
THE distinction between an order re-
lating to such subject and an order
fixing rates coming within either of
the hypotheses which we have stated
is apparent. This is so because, as the
primal duty of n carrier is to furnish
adequate facilities to the public, that
duty may we'll be compelled, although
by doing so as an incident. some pecu-
MARY loss from rendering such SER
vice may result. 1t follows, therefore.
that the mere mourning of a loss from
the performance of such q duty does
not in and of itself necessarily give
rise to the conclusion of unreasonable
ness, as would be the case whcre the
whole scheme of rates was unreason-
able under the doctrine OF Smyth VS..
Amcs, or under tho concessions made
in the two propositions we have stated.
OF course, the fact that the furnishing
OF q necessary facility ordered may
occasion an incidental pecuniary loss
is an Important criteria to be taken
into view in determining the reason
ahleness of the order; but 1t Is not
the only one. AS the duty to furnish
necessary facilities is conterminous
with the powers of the corporation, the
obligation to discharge that duty must
be considered in connection with the
nature and productiveness of the cor
porate business as a whole. the char
acter of the services required. and tho
public need for it's performance
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-30
CALLED CRIME
JUSTIFIABLE

MACON GA, April 2o.-At noon to-
day l.. d, Strong, manager of large
mercantile store in this city, walked
into the printing office of Henry ID.
Smith and shot him five times While
the tragedy was being enacted the
grand jury found an Indictment against
Smith for the ruin OF Miss Lillian
Strong, sister of the slayer. The girl
had been working for Smith for sew
cral months Smith lived n few min
utes--long enough to deny tho girls
accusation, A coroner's jury rendered
a verdict OF justiiiuble homicide.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-30
COMPEL ROADS TO
MAKE CONNECTIONS
Court Gives State Power
to Regulate Passenger
Schedules
ONE LINE MUST
SERVE ANOTHER
In North Carolina Case Supreme
Court Decides in Effect That
Trains of One System Can
Be Forced to Connect
With Trains OF
Another.

WASHINGTON, d. c., April 29.-The
Supreme Court Of the United states to-
day decided in effect that the railroad
commission of the State OF North Caro-
lima can compel railroad company op-
Grating in that State to so adjust its
schedule as TO accommodate passengers
on other lines from any particular part of
the State. The opinion was delivered by
Justice White, In the case of the Atlantic
Coast Line Railroad Company vs.. the
Corporation Commission of North Car
oiina- The case arose out of an order
issued by the commissioners directing the
railroad company to maize connection at
Selma at 2:25 =. NJ with II train on an
other line running from the eastern part
of the State. With the object OF accom-
fnodating passengers whose destination
was Raleigh.
The railroad company resisted the or
der on the ground that it could not be
complied with without putting on spe-
cial train. which would Involve extra ex-
pense. This. IL was contended. amounted
to taking property without due process
OF law. The commission Justified It's
course on the ground that compliance
with the order was necessary In order
TO accommodate a large part Of the pub
lie. The Supreme Court of North Caro-
lima held against the railroad company.
and Its decision WAS affirmed by to-days
action OF the Supreme Court of the
United states. on the ground that the
order OF the commission does not affect
rates, but is a proper act of state reg
uiatIon.
Justice White discussed at len,tl the
contention Of the railroad company that
the case involved rates in any way, and
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-30
SHOT TO DEATH
BY WHITE MEN
lcgro Who Killed Travelling Man
Quickly Riddled With
Bullets.

COLUMBUS, GA, April 29.-D. B.
Mitchell, Il Columbus travelling man, was
shot In the arm at Pittsvicw, Ala, to-
day by negro named "Ebh" Calhoun.
calhoun later was shot to death by a
number Of white men, seven or eight
participating. The sheriff and posse
have gone to Pttsvlew. The trouble
was started by Calhouns son running
against "A white woman ut Fittsylew yes
-terQay.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-30
Too Manv Weapons.

Mary ,Epperson, coored, was arrest
ed Saturday by officer Pete Bclton, who
q pair Of knckles and n knife, The
woman had too much armament for
one person. and officer Helton thought
he had better place her where she
could do no harm She appeared in
the Police Court and Justice Crutchfeld
>aned her heata2 and sent her To lall
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-30

Continued on Third Page.)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Merritt the little son of Mr.. ana
Mrs. F.. P. Hewitt Of Gage street was
knocked down by Thomas Baker $
public carriage between the Augusta
Trust Co. building and the Wepper ~
Hewitt store at about 4.45 FRIDAY al
ternoon. but luckily escaped serious
injury. although he received quite d
humn on the forehead and had his
chest famed where the wheel ran upon
# The young man, who is but ~
veors of age, had come down town
With his mother. and on reaching the
crossing started to run across the
street to his fathers store. In doing
81 he ran in front of Mr.. Bakers car
rage and was knocked down by one
Of the forward wheels striking him.
The horse was walking and Mr.. Baker
stopped him as soon as the little fell
low fell The wheel ran upon his
body a little but was Immediately
backed away and no blame whatever
is attached to Mr.. Baker. The boy was
taken to a physicians Office nearby
and his injuries were attended to.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
AUGUSTA CHURCHES.
Sunday Services Which All Are Cor
daily Invited to Attend.

ST. FARNABAS chapel, Bangor street:
Sunday school at 2.45 T. M; evening
prayer will be omitted at $50.
CHRISTIAN SCIENCE services at II
\. NJ: subject: Man" also "Wednesday
evening at 7.45. Wcodmen's hall, -O1 Wa
ter street.
ST MARY'S CATHOLIC CHuRCH.
State street: First mass at 7.30 A. M. |:
high mass at 1880 A. NJ; vesper and
benediction OF the Blessed Sacrament at
7.3O p. NJ.
FIRST CHURCH or CHRIST, SCIEN
TIST Sunday services i0:i5; subject
Man" Wednesday evening meeting ut
73o at Christian Science reading roofns'
8? Sewall street
SOUTH PARISH CONGREGATIONAL
CHt'RCH. David Herbert Evans, minis
ter: Sunday services in this church VIII
begin September Sth preparatory lecture
Friday evening, Sept tth
ST. MARKS church: Holy communion
at A. M; Sunday school "a $50 A. NJ
mathis, litany ard sermon at 1890 A. M
evening service at Z. THESE services VIII
be conducted by the rector, Rev. Brian Z.
Roberts.
FIRST BAPTIST church on Winthrop
mon on The. Delkfverance Of Trust" sun
day school at moon; Y. p. S. {. +. At
f.45: evening service AT ~ with sermon
by the Rev. j. NJ Sitter Of New Jersey.
$50 SITE p sTREET Ff Nother bA naFtSr
Preaching service at 1890 with sermon by
the pastor: communion following preach
ing service; Sunday school at 1l.45 c, f.
meeting at els; gospel service with short
sermon and Testimony meeting at 7.30.
Gospel, MISSION: Sunday school at
1919 A. NJ: gospel meetings at :; and ~
p. NJ. Rev. Phcbc NJ. Wadsworth of TN
Friends church will preach 1T the after
noon meeting and other helpers will hav;
the evening service Meetings every
night during the week except Wednesday
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Mrs. Burke wife of officer John
Burke of the Augusta police force. VINO
is spending her vacation at ocean
Point, is high line of Augusta ladies'
when it comes to deep sea fishing.
Mrs. Burke went out on a fishing trip
Thursday with Capt. +. S. Burnham
on his yacht Cathel Grace, and sue
ceeded in landing the largest hake
ever caught on his boat. 1t weighed
about u pounds and was sent home
to officer Burke.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Charles II. Lum and Ch"rlt : /: rk5 r
Of the corps of engineers representing
the committee on fire rG"rtt:nn of ;he
National Board Of Fire Underwater, IF
New York, have arrived il Ill, 'i;y
and will be for the next two weeks. Inc
object of their visit to Augusta is TO
inspect the fire fighting apparatus, test
the water pressure, and also to inspect
the structural conditions of the build
ings. The inspection to be made will
be very thorough and the gentlemen
will on their return to New York make
a report to the committee which they
represent with especial reference to
the cJnhagration hazard.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Bargain hunters visit Buckley's as
signec sale daily. No wonder they
carry off large bundles Of goods. when
YOU note the cheap cut in prices Of
reliable goods If you have small
hand YOU can secure some great bar
gains in kid gloves today, size 81
white. black. grey, tans and modes,
were 81 and s1.25; today soc. Other
good trades in gloves. all sizes. Lad
les misses and children's coats. suits
furs and underwear all NAKED way
down cheap everything in the store to
be closed out. Secure your share be-
fore they are all gone.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Al the office Of the referee in bank
ruptcy for kennebcc county Friday
morning first meetings Of creditors
were held in three cases. In the case
of Addison r. Dudley of Augusta no
assets were found, no trustee was APP
pointed and no further meetings will
be held until ordered by the court. In
the case of Clarence B. Pike of Gardi-
ner and Eli l.. Brown of Clinton. the
same. Willard NJ. Rcmick of winthrop.
who vas ordered in before the referee
Friday morning for examination. was
ordered to make a deposit by jan g.
1905. and Leslie James Of Gardiner was
ordered to make a deposit by Dec. Oh
the current year.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Hanks & Wentworth of this city
are doing some work on the dwelling
house at Hallowell recently purchased
by the state for a residence for the
steward of the Industrial School FOR
Girls. The building was raised by
L. l.. Wellman and the firm mention ID
aboue is putting in new cellar. The
house will be generally improved in
side and out.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

The two closed cars. Cobbosscecontec
and Maranocook. owned by the L., A.
& W. street Railway Co. are at the car
barn on State street, where the work
Of painting and getting them ready for
the fail and winter work has just been
completed They are of the same color
rs before and with the new paint and
varnisn look as if they had just come
from the builders hands
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
DaiIy kennebec Journal
Saturday, August 81, 1907.
Cards of thanks, obituary not

Cards of thanks, obituary notices, res
olutions of respect, ETC., Will NC
charged at the rate Of ten cents per
line. No charge less than rs cents.
All advertising announcements OF en-
tertainments, whose object is the
raising of money, will be charged al
the rate Of fifteen cents line.
notices, news form, will be
excluded from our local columns. ex-
cept such as refer to advertisers oc-
cupying space in our advertising
columns and will be run under a
separate head on one Of the local
pages.
Subscribers who fail to receive the
Journal promptly will confer a favor
by notifying the office Immediately.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
Card Of Thanks.

We wish to express our sincere
thanks to our friends for the kind and
comforting expressions Of sympathy
in our bereavement, and especially for
their many beautiful floral remem-
branceS.
MIR. AND MRS r. w. POPE.
ROBERT POPE.
MRS. JULIA A. POPE.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Street Commissioner Prescott Of the
Eastern district has a crew of men at
work On Willow street Strengthening
up the curbing for 4 distance of about
50 feet in front of the Gannett Publish
ing House, preparatory to concreting
the sidewalk. Another crew is engaged
in laying Il concrete sidewalk on East
Chestnut street for a distance OF
about 900 feet
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

The launch Wilbur, owned by Capt.
William Rhodes of Watecville, which
arrived at Augusta Thursday afternoon,
was finally started on its journey to
Snow pond last evening after the day
had been used up in getting it out of
the water and on to some wheels for Tn"
journey overland 1t was n heavy craft
weighing seven tons and the work Of
moving it was difficult. Three pair Of
horses were necessary to get it from
the steamboat wharf to Water street.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

For today only. Lunt & Brann will
sell Rnwdoin. University Of Maine, Col
10y ana Cony High pillow tops for 81
cents. These are their regular 5O-cent
pillow tops, with a young man holding
a football printed in colors for Outlln-
ing. but they will give YOU one cnance
to get one for the boys room at college
for 81 cents. If to be sent by mail, add
C cents for postage.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

The cQlors of the steamer Gardiner
are at half mast out Of respect to the
memory Of the lat Capt. Jason Collins
Of Gardiner, and will remain 50 until
after the funeral. Capt. Collins was
president of the Augusta & Boothbay
Steamboat CO., the owners of the steam
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

nh, three maSted schooner Winnie
gance. Capt. Blaisdell. arrived in port
Friday morning in tow of the tug
Charlie Lawrence, and now lies at the
purintOn Cos. wharf. whre she Is dis
charging a cargo of 400 tons of Cum
bcrland coal.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Miss Ella NJ. Fletcher left yester-
day for Boston from which place she
will go to Upton, where she has been
engaged as assistant principal and
teacher of languages. AS this is her
first school her friends both in Maine
and Massachusetts are proud of her
success
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

. The many friends of Mrs. r. w. Pope
will regret to learn that she is suf-
fcrcr from diphtheria at her home on
Bradbury street. She was. however, re-
ported to be q little better yesterday.
The house has been quarantined and
all precautions taken to cOnfine the dis
ease to its present limits
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

bradford c. Harvey has leased the
old Lombard store, 166 Water street,
and is having it fitted up for meat
market, which he expects to open IN
about a week or 10 days. MIR. Harvey is
one Of the best known meat cutters in
the city and will without doubt get his
share Of the local trade.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

William f. Spragg, general manager
Of the Wallace attractions. was in tie
city Friday in the interests Of the
drama. Miss Petticoats," which will be
seen at the Opera house on the evening
of Oct. e.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

The several schools of the Augusta
school district will open for the fall
term on Thursday Sept. II. This is the
first time that the schools have all
commenced on the same day and 50
late in the week The latter change was
made for the purpose of getting every
thing into readiness before the actual
work of the term commences.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

The few hammocks Swift & Turner
have left over can be bought a about
your own price. Remember, here is
where the fruit jars of all kinds can
be bought in any quantity, wholesale
and retail
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Sunday is the closing day at Rich
mond campground. Rev. d. 3. Phelan
speaks ct II A. NJ. Rev. r. \. Joscelyn
q go p. NJ, and Rev. II. f. Dunnack
in the evening.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Tickets for the second annual ball of
the Augusta Yacht Club. which will be
given at CITY hall on the evening OF
Labor day, are selling well, and it is
expected thatthere will be large at
terdaEce
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Prof. George GOodridge. VINO mas neen
studying in New York and Philadelphla
for two months past, arrived in town
Friday evening. Mrs. Goodridge ana
child are still in New York.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Applewood Tavern is an eAceiieh'
place to secure rest and quiet on tie
Sabbath and recreation on LABOR
day. The dinners there are excellent
too
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Business College will reopen for tile
fall and winter on Tuesday. Sept. 3. and
catalogues may be had upon applica-
ton to +. l.. Shaw, president, Portland.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

improvements are being made upon
the grounds Of the George Lawrence
property at the top of Rines hill, in
the way OF trimming up the trees.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Miss Fannie Weaver is spending
month at Poland Springs as the guest
of Mr. and Mrs. ID. w. Bailey.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

w. u. Hutchins sold 4o-acre farm
in Manchester yesterday to Rev. n. III
Aubn of Massachusetts.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
Local and Business Tips.

oysters. CLAIMS and Holsters for your
Sunday dinner at William YounS'S
market. Telephone 1872.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
"Our-Pie"

Preparation Chocolate or Gus1
tard-for making pies that are so SO s wiii
want ,notberp The way TO please the
men-foiks is to give them good pie.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

At recent meeting of the Augusta
Trust Co. w. ID. Hutchins OF this city
was elected Il member of the board of
trustees
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

William w. Fowler Of this city Ia:
filed petition in bankruptcy in The
United States district court at Portland
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Mr.. MacNichol. voice culture, mas
opened his studio. All pupils enroiiins
before September first will receive les-
sons at 81. After that date the price
will be $50 per lesson. augl9dZw
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

All of the union stores of the city
will be closed Monday, it being Labor
day.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

FRESH CUT FLOWERS EVERY
day. F. D. Hartshorn. Tel. 1913.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
Don't Try Uncertain Reeiues

It Is entirely unnecessary to expeIliniemt
with this. tEat and the other ree,p.
WHY waste time. money ana pa.n ' -,
when you can get from your grocer io'
10 cents q package of
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

The Universalist church will be
opened for services September s.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

Cut flowers and ported plants. o. +
Robbins & Son. Tel. 4-3.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31

APPLEWooD TAVERN, MEALS ALL
hours. Boats to let.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
LOCAL, NOTICES..

All union stores VIII close on Labor
Day = aug29d3t'
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
MATTERS.

Green Street church will open for
services Sunday, Sept. s.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
Let Me Help You
With Your Fall Suit.

Clothing prices will soar high this
fal! and it's going to puzzle many to
figure in new suit. Bring in the
clothes you discarded last season when
hot weather came; a dollar will make
thcm good as new. Get a good start
now. Later. in rush time, there'll be
many disappointments.
Kerry. The Tailor.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-31
NEW ADVERTISEMENTS TODAY.

Grape-N Nuts.
Merrill Bros.
Berry. tie tailor.
Augusta Trust Co.
G. II. Mason, tailor.
Lewiston Optical co.
NJ. p. Wight, optician.
e. II. Russell. nptician.
Il. w. Soulc-F Furniture.
Frcd'k. TibDittS-Financial.
ID. S. McNaugntOn, Gardiner.