davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1907-12-05
State Supreme Court DisaIIOws
 the $3O,OOO Fine
JAW IS CONSTITUTIONAL
Four Justices Unite In the Opinion Which Affirms Legality of the Act and Declares Federal h.
 junction of No Force.

Raleigh, N. C., December 4-The state supreme court in decision handed down this afternoon reversed Judge r,ono of the superior court, in the matter of q $SOOO0 fine imposed on the Southern Raii- way company, for selling passenger tickets at rate in excess of 2L cents, the state rate. At the same time the opinion affirms the act of the court and the constitutlonality of the legislative act In prescribing punishment of agents of the road who were selling tickets at an excess rate the bringing of penalty suits ot S5oO each by individuals against the corporation for violating the law. and holding that the federal court has no authority to issue an injunction against bringing suits, criminal or civil, against the railroad, as 1t would in thus enjoin- ing criminal action by bringing a suit against the state, which is forbidden by the United States as this act of the legislature was self-operating, as to pas senger fares, and required no action on the part of state officials.
 The opinion is that of four justices Of the supreme court, and is dssented from by Chief Justice Clark, who holds
 
 prisoned that the railroad can also be fined as punishment for it's act by causing the agents to sell tickets at il- legal rates. In his dissenting opinion he intimates that the legislature should be called together in special session so as to make the act so operative that the roads can be punished by fines.
 Associate Justice Brown. in concurrng opinion with the court, says there Is no need of extra session fba Ianiela ture, but that If the act is enforced that the railroads could not stand a weeks enforcement of it. The opinion sets out that the federal court injunction was no defense to "riminal action, no pov'c- .tl.A al court to enioip r. l,-l.l-.-. prosecution; that the rate law was self-executing n 'e, {, and that rp suit against tha s.at v Il hold in Ceiiance of the 11th amendment to the constitution; that the penalty is pro- cured against a corporation followed by | the creation of 4 criminal offense against the agents of the corporation, and that the civil penalty first preserved relieves the corporation of punishment by indict- ment under the criminal offense created against the agent.
 The court holds that the defendant re- ceived an absolutely fair trial before Judge Long, but that there was no crim- inal offense charged in the bill of in- dictment against the Southern Railway company the offense of selling tickets above the 2i4 4-cent rate being charged against Ticket Agent T. F. Green. who was punished by fine.
 The act of the legislature prohibits a charge above 2A cents per mile and then provides that any railroad company vo- lating the provisions of the act shall be liable to a penalty of S500 and the agent shall be 2niltN of n n1igUpmPanDr
The Birmingham age-herald., 1907-12-05
Overwhelming Vote ofC0DfIdenct Given In the Democratic
 Caucus
MANEUVERS 0F JONES
 AMOUNT TO NOTHING
Virginia Representative Announces That His Resolution To Take Com mttee Appointments From Mir.
 Williams Is No Reflection.

Washington, December 4.-(Special. J. leadership of Representative John Sharp Williams of Mississippi was sustained at the democratic caucus of House mem bers tonight The Jones resolution, upon which its author spoke for more than an hour, was defeated by a substitute offered by Representative Carlin of Vir- ginia, only four members, Represents tives Lamar of Florida, Jones of Vir- gnia, Slayden of Texas and Hardwick of Georgia, voting in the negative.
 The caucus terminated just as it was expected it would. Fully two-thirds of the democratic members signing the call did so for the purpose of bringing the question of confidence in Representative Williams leadership squarely before the democratic members and having a vote upon it.
 Before the adjournment of the caucus MT Williams made talk urging party harmony declaring that the democratic outlook was better than it had been for number of years and the members should at once perfect their organization for the congressional committee and get ready for the fight next year.
 The resolution of Representative Jones of Virginia declared that the minority members have nothing to do with the question of committee assignments, but that the matter be left entirely in the hands of the speaker. MT. Jones, in the course of his speech in favor of it, dis claimed all intention of refecting upon MT Williams, taking the view that from a party standpoint recommendations by a minority leader were undesirable Rep resentative Burgess of Texas offered a resolution, which he afterwards withdrew, f. f.voring an amendment to the rules or the House Iy which the minority leader of his owl right should name the mf nority committee places. Representative Carlin of NJ. ginia then offered as a sub' stitute to the Jones resolution resolu- ton authorizing, requesting and direct ing the minority leader to make recom- mendations to the speaker for all minor ity committee places. The Carlin resolu ton was adopted amid much applause
 Representative Lamar of Florida, whc failed to be reappointed to the interstate and foreign commerce committee in inc last Congress, offered a resolution ap- pointing a special committee of 12 to con sider railroad legislation. A substitute offered by MT Burleson, referring such legislation to the minority members ot the interstate commerce committee, when annointed was adopted w. s.
The Birmingham age-herald., 1907-12-05
PRESIDENT OF THE
 SUGAR TRUST DEAD
H. o. HAvEMEYER SUCCUMBS TO HEART DISEASE AFTER A DAYS HUNT ON HIS FARM LANDS. WORTH MANY MILLIONS.

New York. December 4.-Henry Os- borne Havemeyer, president of the American Sugar Refining company. died today at his country home, Merrivale stock farm. at Commack, l.. l., of heart failure. Mrs. Havemeyer, her son Hor- ace. her daughter Electra and Dr. L.. c. Frisbell were at the bedside.
 This evening the body was brought on a special train to this city where it was removed to the Havemeyer town residence.
 trust went to the Commack residence with his wife on Thanksgiving day gunning on his preserve. He arose car ly Thursday and spent nearly a whole day tramping about the country after game. Late in the afternoon he re- turned to the lodge. Shortly after he was seized with great pains and pr. w. H. Ross, who was immediately sum- moned said he was suffering from acute indigestion. At no time during his illness was MT. Havemeyer's con dition such as to give the family much hope.
 Mir. Havemeyer was particularly fond of his farm at Merrivale, which con sisted of about 300 acres, and he spent much time there
 The Havemeyer house Is small stone lodge with no pretension to style, though beautifully furnished, MT. Havemeyer was the son of the late Frederick Christian Havemeyer who, with his father, was the pioneer in su- gar refining. He was born October IS. 1S47. in this city. His general ability for organization showed itself in the reorganization of the American Sugar Refining company in 1887. His brother Theodore A. Havemeyer. was elected president of the company. H. o. Hav- emeyer succeeded his brother in the presidency In 1897 he attracted wide attention by refusing to answer ques- lions put to him by the United States congressional committee which was in yestigating the sugar refining indus try. He was indicted and~tried for contempt. After long legal fight he was freed His estate is said to amount to many millions of dollars and he was considered one of the wealthiest men in New York. Mir. Havemeyer in 1883 married Louise Elder, who was the daughter of his partner in the sugar business His wife and four children survive him.
The Birmingham age-herald., 1907-12-05
Memphis Has Money.

Memphis. Tenn, December 4-S P. Read. president of the Union and Plant CTS bank and president of the Memphis clearing house. said this afternoon that the financial conditions In Memphis were decidedly better. "All of the Memphis banks now have sufficient money to take proper care of their customers" said Mir
 Read. "and the situation is distinctly better. The local banks are canceling recently issued cashiers checks in large numbers and we hope for normal con ditions before the month has passed
The Birmingham age-herald., 1907-12-05
Japs Make Little Comment.

Tokio, December 1.-The Asahi pub fishes a 1000 word special cable on the Presidents message and comments there on, appreciably expressing qualification at the presentations contained therein, particularly concerning the proposed Jap anese exposition, and it's generally friend ly tone toward Japan. It says that the naval and military programme guaran- tees peace of the world. The other pa pers only publish brief synopsis of the message and so far refrain from editorial comment thereon.
The Birmingham age-herald., 1907-12-05
Jerome Acts Mysteriously.

New York December 4.-Distriet At torney Jerome today obtained from Jus tice Bowling, in the supreme court, an order for an extra supreme court grand jury for the month of January. In mak- ing the application the district attorney said there are "grave and important mat ters to be submitted to a grand jury" and he wanted an additional jury so that they would not be disturbed in the consideration of these important matters. MT Jerome declined to answer a ques- ton as to whether the jury would con- slider banking and trust company mat
The Birmingham age-herald., 1907-12-05
Burning Question Is VIII ROOse-
 welt Accept Nomination?
HUGHES IS SAYING NOTHING
New York Governor Has Strong Fol- lowing and IL Is Agreed That He Is Strong Factor In the
 Presidential Question.

Washington, December 4-(Speclal.)r Congress and the waterways convention are eclipsed by the arrival of the repub- lican national committee. With it's mem- bers have come dozens of boomers of the several republican candidates and the hotel Hobbies resemble those of a city holding a national convention. There is little interest in the time or place of holding the big show Kansas City is ex- pected to get it and the date will be along about July 1.
 What is interesting the members of the committee is the next presidential can didate. With them it is simply repeti- tion of what republican congressman say: Roosevelt, if he is willing to take it.' Beyond that there is division
 R. c. Hapgood, president of the Penn sylvania Republican league, is here pull ing for Senator >nox. He is following the Taft men around and inviting them to come to Knox on the second ballot. Joe Healing. the advance guard of the Fairbanks boomers. has arrived, and James Goodrich is on the way. John R.. Malloy of Columbus is telling the com mtteemen that Foraker will beat out Taft in Ohio. A. I. Voorys, the Taft manager, is talking about ''the President s candidate" The Illinois congressman are booming Cannon and then, too there is a LaFollette boom.
 'The only man who does not seem to be represented is the governor of New York, and still the names of Charles E. Hughes is on the tongue of every politi- clan. No matter what may be the lean- ings of the committeeman who chance to gather and talk politics, the first ques- ton asked is: What about Hughes" and yet no Hughes man be found in the crowd. There is not the sem blance of an organization connected with his name; no one asks how the conven- tions going to Kansas City or any other city VII suit hI but he is the one man the supporters 5f evss1g other candidate know they have to beat
 Diversity of Views.
 A very striking illustration of the dl- versity of views among bankers on re- medial financial legislation is furnished by the Wall Street Summary, financial publication which is making a poll of the banks of the country on their choice of propositions for currency reform. The second days returns showed replies from 2S6 banks scattered all over the country. The answers were divided as follows For the central bank, 90; for tho American bankers plan, ST: for the asset currency P; for the Treat plan, IS; for the Shaw plan, 35; for the credit currency, 4; declined to answer, 24. In addition to the foregoing 16 .other plans were suggested by the bankers and the polling has just begun. w. s.
The Birmingham age-herald., 1907-12-05
OLD EDITOR DEAD.
For 50 Years He Had Been Leader In
 County Affairs.

Mobile December 4.-(Special)-Isaae Grant, for 51 years editor of the Clarke County Democrat and the oldest news paper man in Alabama, died today at his home in Grove Hill. MT. Grant was 79 years of age, and for half a century has been the leader of affairs in his county, having been probate judge and superin- tendent of education, besides serving sev- eral terms in both houses of the state legislature. He was also for a number of years a member of the statp democratic executive committee. He leaves three granddaughters. The funeral will take place in Grove Hill tomorrow
 Southbound passenger train No. 1 on the Louisville and Nashville arrived here tonight at II o'clock, after being delayed seven hours at Carpenters Station, a few miles north of here, by a freight wreck Ten cars are reported to have been piled up. No one is reported as in jured.
The Birmingham age-herald., 1907-12-05
Trouble In GoldfeId.

Washington. December 4.-President Roosevelt issued orders today to have federal troops held in readiness to aid in restoring order at Goldfeld, Nev.
 This action was taken upon representa- tions from Governor Sparks of that state, that the miners at Goldneld are in revolt and riot. Nevada has no state militia. Governor Sparks regards the situation as one likely at any time to get beyond control. The nearest fed eral military base is at San Francisco.
The Birmingham age-herald., 1907-12-05
post Will Hold Position.

Washington. December 4-Reginald Post, governor of Porto Rico. was today renominated to the office by President Roosevelt. MT. Post came to Washington from Porto Rico to explain to the Pres ident the criticisms which had been made in Porto Rican paper against Him, in which 1t was stated that Mir. Post had unduly criticised the clergy of Porto Rico in statement made before the school commission.
The Birmingham age-herald., 1907-12-05
Central Bank Plan.

Washington, December 4.-Senator Hansbrough today introduced bill providing for government bank to be located at Chicago and to have a capital of not to exceed 10 per cent of the aggregate capital of all of the na- tional banks, the stock to be held by national banks and the bank to be con troIled by general council of 21 mem bers. made up from men chosen by dis tricts according to population and by easllry officials.
The Birmingham age-herald., 1907-12-05

the debt on the temple was paid in full.
 The address was referred to the past grand masters present.
 In connection with the amendment to elect grand masters annually 1t was recommended that the service should be for longer time than one year, that period being too short for the ac- complishment of effective work.
 The grand secretary's report showed that there are 40 active chartered lodges and 31 working under dispensa- tion. The membership in the state is over 10000.
The Birmingham age-herald., 1907-12-05
Mail Clerk Arrested.

Montgomery December 4-Colen Me Rae a negro mail clerk at the Mont gomery railway station. was arrested to- night by Postoffice Inspector Ashton on charge of embedding from the United States mails. The officers say they used n decoy letter to fix the charge on Nc Rae, who was confined in Jail
The Birmingham age-herald., 1907-12-05
Ryan On Witness Stand.

New York, December 4.-Thomas For tune Ryan was witness today before the grand jury in the examination into the sale of the franchise of the Wall and Cortlandt Street Railway Ferries company. The ferries company Is the road that Anthony N. Brady purchased for s25O 900 and then sold to the Metro polltan Securities company for s9e5,oo0.
The Birmingham age-herald., 1907-12-05
Cotton Steamer on Fire.

Pensacola. Fla. December i--Fire was discovered tonight in the cotton cargo of the British steamer Diadem. loaded with phosphate rock and cotton for Bremen. All efforts so far have sfss'rBd to check the fire. The vessel has moved out into the harbor and water and steam will be pumped into the hold where the fire originated during the night.
The Birmingham age-herald., 1907-12-05
Rough Weather on the Coast.

Norfolk Va. December 4.-Very rough weather is reported via coastwise weather bureaus along the Virginia and North Carolina coasts. The wires to several life saving stations are reported down. The yacht Madleon is reported to be still navound in Roanoke sound.
The Birmingham age-herald., 1907-12-05
St Paul's Church.

The League of the Sacred Heart will receive holy communion at St. Paul S church tomorrow-the first Friday of the month. The first mass will be as usual at $50 and the last at a. m
Woodruff County news., 1907-05-16
H.tr to Spanish Throne.

Madrid, May.-At II o'clock Sunday morning the ceremony of inscribing the name of the newly-born prince of the Asturias on the citys birth regis ter took place before the minister of justice, the first notary of the king dom. The prince received the names Alfonso Pic Christine Eduardo. Ac- cording to Senor Calenas J. Mendias, the leading Monarchial Democrat, King Edward telegraphed, asking to be the godfather of the infant. but a reply was sent regretting that this was impossible, inasmuch as Pope Plus already had been named. The Duke of Sotomayor, chief of the roy al palace, had received and sent re- plies to 5000 telegrams of congratu- lation mp to Sunday. The political sit nation has visibly improved, partly as the result of the birth of the prince, which has placed the dynasty on a more solid basis.
Woodruff County news., 1907-05-16
Czar as Composer of Music.

For the last IS months the czar has been virtually a prisoner in one of his own palaces and in the intervals of state work he has solaced himself with composing music and writing verse. His poetry is melodious and carefully polished and his music is melancholy and inspired by spirit of fatalism. Some three years ago some of the cZar's poems were published under the pseudonym of Olaf, with music by his cousin, the Grand Duke DAssia, but he has himself set some of his verses to music with a consider able amount of taste and real knowl- edge of harmony. Nicholas II. has fine collection of violins, of which he is very proud
Woodruff County news., 1907-05-16
Use for Worthless Stocks.

Wildcat mining stocks are not al- together useless - or worthless, either, said a downtown broker who handles cheap mining stocks. the other day as he hung up the telephone re- ceiver Here's a man who has just offered me $50 for enough mining stocks to have face value of s50,000 He wasn't particular what stocks he got if they only had a paper value of $50, 900. I closed the deal and shall make moneN on it, too. What did he want with such stocks? Well, haven't the slightest doubt but that he is getting ready to go into the bankruptcy court and wants to show his creditors where his money has been dropped We often get such re- quests and are usually able to fill them."-N. Y. Sun.
Woodruff County news., 1907-05-16
The Briuht Side.

"Oh, this poverty!" wept the beauti- full wife when her shifty-eyed husband came home The gas and electric companies have shut off their service because you have not paid their bills"
 Well, we can use candles" con soled the husband
 And the telephone company has dis connected our instrument because we owe them two months rental"
 So much the better. If anyone tries to ring us up to spend the eve ming with us they will think we are not at home Judge
Woodruff County news., 1907-05-16
THOUGHT HE WAS WANTED.
Swede Returned According to Instruc-
 tions on Envelope.

Christ Ne:son, having been in this country only few weeks, was slow in learning American customs and espe- cially the inscriptions on envelopes. One of his first acts after landing in Oregon was to take out naturalization papers. On the corner of the envelope, in which were contained the docu- ments that made him an American citizen, were the words: Return in five days"
 Wal. be har." he said yesterday, as he shufied up to the counter in the county clerks office and spoke to Dep uty Prasp.
 What do you want?" asked that of ficial, carefully noting the embarrassed flush on the Swede's face.
 Wal, it say on this har envelope return in five days, and time Le up to-day, so l ban come round"
 When assured that nobody wanted him, he turned with surprise and walked sadly away, not certain whether he was naturalized CT not Portland Oregonian.
Woodruff County news., 1907-05-16
Disastrous Mine Explosion.

Mexico City, May.-According to a dispatch which was received from the city of Torreon, Coahuila, 90 lives were lost in a fire which occurred in the Cornethas shaft of the Lernaras group of mines in the town of Nelar- dena, state of Durango. The fire start ed early Friday night in an abandoned shaft. At the time there were 107 men working ill another part of the mine and from what can be learned at this time, but 17 of them escaped. Thir- ty-fve bodies have been recovered, ac- cording to latest reports received from the scene of the disaster, but as the fire is still raging it is feared that few others imprisoned will be found. The shaft in which the fire is still raging and said to be beyond control is in a mine of group of the largest copper producers in the northern sec- tion of Mexico. The Guggenheim in- terests are said to own the proper +N v
Woodruff County news., 1907-05-16
Bound to Celebrate.

The gennul came up the othah evenin' to play kyards, said the Ken lucky colonel "Theah was a pahty of us. They were all drinking rathah heavily of some ole Kentucky passed aroun' as they played. The gennul aftah awhile began to tell about his bein' his buthday. He insisted that 1t was his buthday in spite of the fac that We knew he had celebrated his buthday with us some seven months ago.
 We humohd him, but we found out aftehwahd that it was his wife's buth- day instead of his'n and whut he got foh celebratin' it away from home and huh was good an plenty."-N. Y. Press.