davidaulloa/AmericanStories huggingface dataset:
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Attorney General Jackson Of New
YORK State Begins a Most
Remarkable Action.
MAKES THE STATE THE PLAINTIFF
This Latest Move of the Hearst Peo-
pie VIII Not Cost Them Cent,
But viii Saddle on the Common
wealth and Expense of 100000
jackson Scored.
tBy Associated press)


: NEW YOuK. Jan. 7.-Attorney
General Jackson. on behalf of the
people of the state of New York to.
day entered suit in the Supreme Court
against George b. Mcclellan, praying
that the latter be ousted from the Of
lice of mayor of the city OF New
York on the ground that he has usurp.
81 and unlawfully holds such office
whereas William Randolph Hearst is
legally entitled to the same.
1t is stated that this new proceed
ing has nothing to do with the quo
warranto action which last week was
temporarily enjoined at the applica.
ton of Mayor Mcclellan.
a copy OF the summons and com
plant in the action were served upon
Mayor Mcclellan ut the City Hall this
morning by Deputy Attorney General
Deford. One difference between this
new action and those that have pre.
ceeded 1t is that it Is brought in the
name OF the State of New York,
whereas the other was in the name
of MI. Hearst.
l.. Richards Jr., Mayor McClellan's
counsel, issued statement outlining
the Mayors position regarding the
jackson suit. The statement declares
that the Mayor is Justified in holding
to the office and the Attorney Gener.
al is so careless of his dignity:
so reckless of his conduct; SO con.
temptuous Of law"
1t also scores Mr.. Jackson for "sad.
ding upon the state an expense in
his efforts to defend Mr. Hearst" An
expense of 100000. which is the esti-
mate OF the cost of the quo warranto
proceedings Sin the orderly course
of justice" says the statement, is an
outrage"
"a suit against Mayot Mcclellan to
test the title to his office. ought not
In reason and justice or be brought.
This decision was arrived at by the
Republican Attorney General after a
most careful inquiry. At the request
OF the succeeding Attorney General
Mr.. Hearst was asked to renew his
application to have an action brought,
which was DONE Mayor Mcclellan
asked the court whether the new At
torney General has power to reverse
the decision of his predecessor on the
same facts.
The court has made an order and
issued a writ of provision against the
Attorney General forbidtling him to
determine the question involved, viz:
whether he has the power to reverse
his predecessor and bring the suit.
The Attorney General Immediately
thereafter determined that he did
have power aid has brought the suit.
After the writ was served he imme-
diately came to New York ana
sought the counsel of Mr.. Hearst and
OF his attorneys. They advised de-
fiance of the courts writ. The Attor-
ney General forsook the dignity of
his office and of his own autonomy,
violated his oath of office to maintain
the law, and, inaugurated a reign of
riot.
What hope of justice does there
remain to any litlgant, let alone the
mayor of our city, when the chief law
officer OF the state in his first import.
ant act. overrides the authority of the
courts?"
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Menro,a Spectacular DEATH.

RIUHMOND, VA, Jan. 7.-FVorty3f
feet above the street level on a.
srayelled roof, Joseph Haywood so
years old. met death in spectacular
form this morning about 8:I5
o'clock. lofty smokeatacg, 4,S4o
pounds in weight, sixty-fiye feet
long. fortysix by forty-eight inches
In diameter, and made of iron sheet
Of thickness OF one-sixth of an
inch, descended in Perpendicular
line upon Haywood, throwing him to
the roof end practically decapitating
him tlI,,ls,I-''1p'9
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
PAYMENT or S50550O, GOO
CANAL MONEY VALID
Warren Wilson, the Chicago / AVA
Beaten In the Highest Court
In Long Suit. sSs
(ny Assoclntnd prnss /,

WASHINGTON, ID. c. Jan.
Ihat the action of the Secretary
or Treasury In paying out sou.O00..
uVo on account of tho purcnase or
Panama canal property, to the pan
ana Canal company OF France. ma
directed by the act OF Congress OF
l9o2 was valid and regular was
officially decided bv the United
STATES Supreme Court today. The
decision was announced By Justice
Brewer and was handed down In
me case OF Warren Wilson against
secretary Shaw The case was
an Injunction suit by Mr.. Wilson
10 restrain the payment of the mon,
ey and il originated in the local
courts OF the District of Columbia
before the money had been paid.
me decision of both the district
supreme Court and the district
Court Of Appeals wa, unfavorable
70 Mr. Wilson'S cont6ation that the
act OF Congress- was Unconstitutional
out neither these decisions nor thc
fact that the Secretary had made
me payment rs directed was sur
hcient to deter Mi. Wilson. who IS
lawyer and u property holders
residing IN Chicago, and he PROSE
cuteh the case to the court OF lnsr
resort lie argued his own case:
before all the courts, and when he
appeared before the Supreme Court
ne held the attention of that tri.
ounal FOR two hours. In his opinion
Justice Brewer says the United
state government has dominion and
control over the canal zone and
therefore has authority to apprn-
pirate money to construct the canal
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
rrl.state In Organized Ball.

CINCINNATI, OHIO, Jan. Tt
was agreed by the National Baseban
Commission today to extend the ma.
tional agreement and admit the Tri-
State league to class B. The agree
ment provides that all players who
iumued contracts and are on the incl.
igible list OF the national commission
shall remain In the Tri-State league.
August Hermann was reelected chair
man of the National Commission and
John P. Bruce secretary.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
BARRIERS ORGANIZED.
Officers Elected BY New Local Cn.
ion Last Night.

The journreymen BARRIERS or New.
port News held meeting last night
and organized union. The foi.
lowing officers were chosen:
President-C. F. Krause.
Vice President-W. p. Cross.
Corresponding and Financial Sc
cretary-Hugo Yocabi.
Trustees-A. Corbett, o. Bullman
and A. Peltz.
Guide-Frank Pecona.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Murdered II James City County.

. w LII 71tS-JI' IttII8 VIZ, JHn. I,---V
Andrew Bradingham, negro, was
murdered near his home. In JAMES
City county some time Friday night.
The body was found late Saturday
and an inquest held by Justice
Coleman Whitaker. The jury bYonght
In verdict to the effect that Brad
ingham had come to his death by
n gunshot wound Inflicted by Peyton
ashlock, the man last seen with the4
victim.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Capt. MackIin's AssaiIant Arrested
(Bv Associated Press,

OKLAHOMA CITY. Jan. IA
telephone message from the sheriffs
office at FL Reno today reported
that negro soldier of Company A
Twenty-flfth infantry (coIored), Is
now under arrest at Fort Reno,
charged with the assault on Captain
Edgar 4. Macklin, December 2lst.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Schooner Given Up AS Lost.
(By Associated Prossl

NEWPORT, r. l., Jan. THE
schooner Henry Sutton, of Newport,
which sailed from Chevcr, N. s., Oct.
31st, for Baltimore, with a cargo of
lumber, before reported missing, has
been given up as lost with all on
board. The Sutton carried crew of
Six men and was commanded by Cap
tain Sole. The vesse was of COZ
gross tonnage.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Boys MissIna; Hats in Canal,

PORTSMOUTH, VA, Jan. EFF
forts are being made today to re-
cover the bodies OF George Williams,
aged twenty-five, and David and Pee.
ry Arnold, youths. believed to have
been drowned in the Dismal Swamp
Canal late Saturday night. Their
hats were floating in the canal yes.
terday.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Bride of Six Weeks Drops Dead.
(BY Associated Press.)

PETERSBURG, VA, Jan. mrs.
Dora Bonham, bride of six weeks,
dropped dead last night as she was
about to embrace her mother, after
returning from the honeymoon. The
who was summoned, said
heart failure had caused instant
death.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Bishop Duncan Very III.
BY Associated Press).

w zfooVCItfNOU L I.
SPARTANBURG, s. c., Jan. r.
Bishop w. w. Duncan, of the Meth
odist Episcopal church, whose home
is in this city is very iii, and mem
bers of his family are greatly alarm.
ed. He is suffering from general
breakdown and has undergone an op.
Grafton for a carbuncle.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
No Hope For Terry Mcaovern.

STAMfU ltD, COMM, Jan. 7.
There is no hope for Terry McGov-
ern. He is dead mentally now, and
1t viii not be long before he is daau
said DR.. Giyens, of the
afvens Sanitarium, today. The lit
lite fighters expenses at the SAM.
tarlum are $40 month, and are
being paid by Sam Harris. his form
er manager.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Brownsville is Grateful.

WAsHINGTON, d. G. Jan. Y -
President Roosevelt today received
che official thanks of the Brownsville
CTeSas) Board of Trade for his dis
missal OF the negro troops who
recently "shot up the town. John
Banhon, secretary OF the board, con.
Yeyed the 1nessaee
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
WILL ENFORCE BLUE LAWS.

Prosecutor at Wlllimantie Overlooked
Violations. But Warns for the Future.
PLAlNFIELD. CONN, ian. Tow
ing to contracts here with publishers
for Sunday newspapers. the blue laws
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
The Question of Law.

The question Of law IS whether the
president in Diminishing these compa-
MES without honor exceeded his now.
ers under law and the constitution
RMS question can he settled bv the
Senate just as well now. and think
better, than at any other time with
out the least regard to the commit
tee. 1t is purely question of law
and think 1T ought to be detached
from the question of fact and settled
at once, because thing that confus-
ing one question with another has al.
ready done harm. towards Justice and
Will create great delay and prevent
Prompt action. The constitution
makes 1.-THE President commander in
chief of the army and navy of the
United States and Congress Is given
authority to make rules for the gov.
eminent and the regulation of the
army and navy. In the fifth amend
ment of the constitution the land and
naval forces are cxcented from the
rights guaranteed to all persons who
are held to- answer for capital or
any infamous crime. 1t appears that
the soldiers and sailors were recoe.
tnized as being subject to law diff
ferent from that administered in the
civil courts. In making the President
commander in chief the constitution
conferred upon him ali the power and
authority ordinarily exercised by the
commander in chief under the mill
tary laws OF the times. The principle
OF the "mutiny act" and the articles
OF war adopted by England were in
the main adopted by us at the time
of the revolution and which may be
found embodied in the articles of war
which are now statute OF the United
States.
Rights OF Commander In Chief.
"The commander in chief has fine
right inherent in his office to punish
or discharge except so far as 1t is
limited or regulated by the law max
ing power which has enacted the ar
tioles of war. There can be no doubt
whatever that the power OF summary
dismissal was inherent In the office
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
Marshal Killed hy Nsnro.

COLUMBUS. GA, Jan. 7.-Kawart
Carter. marshal of Richland. Ga. was
shot and instantly killed by an I'M
known negro last night Carter was
endeavoring to arrest the negro.
Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-08
The Massachusetts Senator Says
Inc Fact Is Proved and Law
ls with President.
p0NER As COMMANDER m Chief
The Ohio Man Challenges the presl.
dent Orbits Champions to Show One
Case Which is Precedent--For.
akss VII Talk Again on the Sub.
Iect Tomorrow.
aiRY Associated presa i

WASHINGTON, ID. c.. Jan. Pres.
ldcnt Roosevelts dismissal Of tho ne.
gro troops was again the subject of
contenapns In the Senate. today nnl
ihdicattans point to a protracted de.
pate before any of the pending resn.
lutionG OIL the subject are voted on
me galleries of the Senate were
crowdhdsand the debate was listened
10 withiIhe closest attention by an I'm.
usuallyS8 large number of Senators.
SenatnrsI Lodge delivered a now phase
OF theSauestion by presenting reso.
intionArToHding for an investigation
or theanffray" ut Brownsville and
concedipg the authority of the presi-
dent tnst9ke the action he did. This
resolltion WAS supported by Mr..
Ledge Aan address and opposed by
Mr.. Foraker. who followed and spoke
until $50 o'clock, giving notice that
ne would continue tomorrow.
Mr.. Lodge said In part: "Two
questioIis are here involved, a cues
ton OF fact and question OF law.
They are entirely distinct, they ought
to be- settled separately and neither
siloulis be permitted to cloud or OH.
scllre 4he other in the public mind.
~ lrts4auestion al fact may he stat.
led4d if' 'tstfs. way. There was shooting
In the Sweets of Brownsville on the
night Of August 10. .J06. houses were
fired into, one man was killed and
the lieutenant of police had his horse
shot from under him and was so Sc.
Verely wounded In the arm that am
putation was necessary These facts
are not disputed by anyone.
THE President, the Secretary of
War and the officers of the army de.
tailed to inquire into the affair have
made affidavit that the shooting was
done by the soldiers from Fort Brown
and furnished Testimony to sustain
their opinion. The Constitution
league, representing the soldiers, deny
that the shooting was done by them
and assert that IL WAS done nv tho
citizens of Brownsville, disguised in
cast Off uniforms Of the troops and
provided with exploded shells from
the gun ranges, who committed this
outrage for the purpose of casting
odium on the troops of Fort Brown.
One of these two positions must be
proved for general negatlons are of
no use here. 1t will be the duty of
the committee under this resolution
to take all possible testimony and de.
eide whether this shooting was done
by the soldiers or by citizens of
brownsville. This is the question of
fact
The San Francisco call., 1907-01-23
SAYS RAIL TARIFFS
RUINED BUSINESS

DENVER, Jan. 22.-Interstate Com
r,erce Commissioner C. A. Prouty to-
day told attorneys for George j. Kim
del. the local manufacturer who com
plained against a number OF railroads
that so far they had failed TO snow
conclusively that freight rates to Den
yer were unreasonable. Fearing lnat
the case was getting away from Kinder
and his attorneys, A. j. Spengel. presl-
dent of the Chamber of Commerce,
through his attorney, asked leave OF
Commissioner Prouty to intervene rms
move at first puzzled Kfndel ana MS
LAWYERS because the Chamber OF Com
merce had obtained money TO heIp
along Kinders action. but President
Spengel later explained that too much
weight had been given to the question
of rate per ton per mile since the hear
ing began yesterday, and that was not
what was wanted by Denver merchants,
but instead they wanted Denver TO be
given the same rights, terminal ana
otherwise, as Missouri River points.
Kindel claimed that Denver manu-
lecturers had been driven out of busi-
ness by freight rates on raw material.
He declared that rates were low to the
Pacific Coast and that Denver people
were paying much more than those at
tidewater. He also stated that jobbers
were forced to close up their houses
because they We're unable to get into
competition with other territories on an
equal basis.
Commissioner Prouty announced that
the allegations in the complaint were
not specific enough. He suggested to
Attorney Harrison, representing Kindel,
that the complaint be made more spe-
cific in regard to class rates. He said
that an allegation could be made that
the class rates were excessive, but that
IT would be difficult if not impossible.
to make an allegation on commodity
rates.
KindeI declared that the complaint
was that Denver had to pay higher
rate per ton per mile than some other
cities. Prouty said he did not believe
the commission would hold that the
rates in general were too high Denver
was so situated. he said, that the rate
to san Francisco through Denver
should be lower than the rate to Den
yer. This would not show that the
rate to Denver was too high. The only
The San Francisco call., 1907-01-23
Night Sweats and Chills Gone
Weight Increased Ia Pounds

Mr.. John Bently of Grand Rapids,
Mich, who was so low from lung
trouble that the doctor gave him up
as incurable, and who had night
sweats and chiIIs and weighed only
Sc Ibss was miraeuIousIy cured by
Duffy's Pure Malt Whiskey.
Letters like the following, written
by Mr.. Bently, unsolicited, should be
published so that the world may know
what the great medicine is doing for
suffering humanity.
i have taken DUFFY'S PURE MALT
WHISKEY for three months for lung
troubles. When I first commenced 1
was bedfast, and now l am able to
work. Now, the doctor Of our town
said that nothing would help me, but
DUFFY'S MALT WHISKEY did
what the doctors could not do. I had
night sweats and chills and weighed
Sc pounds ] weigh 100 pounds now,
the chills have left me, and the
sweats are also gone. ! am looking
for great results.-MR. JOHN BENTLY,
Grand Rapids, Mich" Nov. Is, '0s.
The San Francisco call., 1907-01-23
THANK OFFERING TO BE RAISED
Three Hundred Years of Church Work
on American Soil.

The mission meeting in Trinity
Church last night was for the purpose
Of making clear the nature of the mis-
sionary thank Offering, or the mems
thank offering. as ii is sometimes
called. in view of the fact that it is
movement to interest the men of the
parishes in the work of the church.
The principal speaker of the evening
was to have been Rev. w. r. Hulse of
New York, but owing to a delayed train
he was unable to arrive in time.
The opening prayer was read by Rev
Mr.. Gardiner, the chaplain of Stanford
University. Bishop Nichols ascended
the pulpit and explained the method
of procedure in raising the thank of
fering which is to be presented at the
general convention in Richmond by the
men of the church in gratitude for 500
years of Episcopal church work In
speaking of the history of the church.
the Bishop mentioned that the first
ballot ever cast on American soil was
cast in the little old church at James
town.
It is the plan of the church to or
ganize in every parish a committee for
the purpose of getting a muster of all
the men and boys Of the parish, wheth-
er communicates or non-communicants.
When all Of these shall have been
reached in this manner and interested
IN cnQrcn WORK. edCn one Will De dp-
preached and asked to contribute some
thing to the thank Offering.
The Bishop called upon. Rev. B. w. A.
Galway of San Mateo, who has been
the delegate Of the Diocese of Califor-
MIA, to ask for help In the East in re-
building the destroyed churches, to
tell how the work was conducted. Rev.
Mr.. Galway described two meetings,
one in New York, the other in Phila-
delphia. The latter was for men eXclu-
sively, and it was an inspiring sight,
he said to see such numbers of men
rallying to the banner of the church.
The committee, consisting of one man
from each parish, was called to the
front of the church and organized with
DR.. G. S. Baker as temporary chairman
and F. W. Reyland temporary secre-
tary.
A collection was taken up for the
benefit of the church extension fund
During the collection a bass solo, THE
Lord Is My Shepherd" was sung by
John Perry.
The San Francisco call., 1907-01-23
GREAT REJOICING
IN SEARCHL|GHT

LOS ANGELES, Jan. 22.-March 1
has been fixed as the official date for
the opening of the new Santa Fe ex-
tension into Searchlight, Nevada That
day has been designated as Railroad
Day" in Searchight, whose people are
rejoicing.
The road running from Barnwell
into the mining town. distance of
twenty-three miles. will be completed
on the date mentioned. An excursion
of six or seven hundred people is ex-
pected TO go from this city. Already
reservations amounting to the capacity
of seven Pullman coaches have been
made.
The San Francisco call., 1907-01-23
rack of st. Stephens Church meved to
reconsider the question today.
BISHOP REFUSES SALARY

TREASURER w. A NJ. Van Bekkelen, In
his annual report stated that Bishep
Nichols had firmly refused to accept
that portion of his salary, amounting to
$1,000. which is due on assessment frem
the parishes of San Francisco that suf-
fered in the fire. The treasurer de-
clared that the committee had endeav-
ored TO have the Bishop draw on the
funds sent by Eastern churches for
local aid and to consider the deficit
debt of honor the churches would
discharge as soon as they were firmly
established again. But Bishop Nichols
was firm in his decision not to put an
obligation on the local parishes and the
convention could not overrule his de-
sire.
On motion OF Rev. Mr.. Merrick the con-
vention adopted a resolution commend
ing the local churches that did not fall
behind IN their assessment They are
Grace, st. Peters, Holy Innocents, st.
James and All Saints.
Judge Van Hayenperg reported that
the committee appointed to consider the
question of having lessons from the
Bible read in the public schools has
decided that no attempt should be made
to carry out the idea, which was con-
sidered of a sectarian nature.
The annual address Of the Bishop to
the convention will be made this morn
ing at 1890 o'clock. The joint mis-
sionary conference OF the convention
and the House of Churchwomen meets
at g.
In the Bishops address the question
of building the new Episcopal cathe-
dral on the Crocker. site on the top
Of Mob Hill will be discussed. This
evening Bishop and Mrs. Nichols will
receive the delegates at their residence
2515 Webster street.
The San Francisco call., 1907-01-23
THAW TRIAL IS To
BEGIN TODAY

NEW YORK. Jan. 22-The calendar
Of the criminal branch Of the New York
State Supreme Court was cleared for
the trial Of Harry X Thaw today. The
Thaw case stands next and tonight
there appears nothing TO prevent the
opening Of the trial tomorrow morning
as scheduled.
The principal witnesses for the State
in the case had their final conference
with the States attorney today. Nearly
all who are expected to testify had
been reached by subpoena and were on
hand They were questioned for the
purpose Of learning just what testi-
mony may be expected when they go
on the stand.
The San Francisco call., 1907-01-23
HIGHTON'S s BODY is
BROUGHT HOME

The body OF Henry E. Highton, which
arrived here yesterday on the steam
ship Alameda from Honolulu, was met
at the dock by a delegation from the
Mount Moriah Lodge, +. and A. t., Of
which the deceased was a member. The
BODY was taken TO a private under
taking parlor. No arrangements will
be made for the funeral until Mrs,
EiEhton reaches here. She is return
ing on the steamship Korea, due today
The funeral viii take place under the
direction Of the California Com
mandery. knights TemplaT. The ser
vices probably viii be held In Trinity
CHURCH. as the deceased had often eX-
pressed desire TO have the last rites
over his body take place in that sacred
edifce. The interment viii be IN Noun
tain View Cemetery, Oakland.
The San Francisco call., 1907-01-23
OAKLAND MUNICIPAL LEAGUE
WILL ENTER COMING CONTEST
Chiefs Decide to Place Full IndePen-
dent Ticket in Field and Promi-
neut Men Are Named

OAKLAND. Jan. 22.-The Municipal
League decided tonight to place a full
independent municipal ticket in the
field and not to indorse candidates on
other tickets. The following central
committee was appointed by Walter G..
Manuel. the president: John 7. Bell. L.
G. Burpee, A. II. Breed, c, II. Bailey,
Oliver Ellsworth, J. z. Farnum, DIR.
John Fearn. J. D. Galloway, J. l.. Nc
Vey. ]. K. Moffitt, Cary Howard,
George w. Hunt, L. ID. Inskeep. Ben o.
Johnson. Irving c. Lewis, J. r. Nc
Gregor. II. A. Powell, DIR. A. II. Pratt
and Mark Thomas.