davidaulloa/AmericanStories huggingface dataset:
Cañon City record., 1907-11-07

matter OF rightly virtue OF his
membership in the order.
The cases which are urged as sus-
tanning the contention Of defendants
herein may be divided into three
groups:
First, Cases like Barden VI. Mon
tana Club. and Tennessee Club va
Dwyer, actions for the collection OF q
license tax. where the only possible le-
gitimate inquiry could be as to wheth-
er the statute in question required
clubs to take out license.
Second, Cases like State VS.. Nc
Master, actions for selling without a
license, wherein because of the phras-
eology OF the statute in question courts
conclude that the legislature intended
to include within the operation Of the
license statute in question, only the
keepers of drinking saloons" or re
tail liquor Dealers" or those in the
liquor business as business" etc
Third, Cases like State vs. St
Louis Club, and People vs. Adelphi
Club, action involving the penal pro-
visions of license laws, but in which
the decision was based, in the main at
least, upon the phraseology of the sta
tute construed in the light of the fact,
that clubs in the particular state in
question, had operated for years un-
molested by the excise officers.
None of the reasons upon which any
of those cases are predicated seem to
prevail In the case at bar.
The terms of our statrte are general.
the words used are broad and compre-
hensive enough to include social clubs.
and no implication can arise from
clubs having operated in the COM
munity for years, because they have
not, and certainly no complaint can
be made that the officers of this town
have not diligently tried to enforce the
ordinance: and at the time the act in
question was enacted by the legisla-
ture clubs had not been in existence
for many years in the state outside Of
this city.
The legislature has conferred the
authority to prohibit in broad and gen.
eral terms, and has left it to the city
to decide to what extent they shall
license. regulate or prohibit, and the
right to prohibit has but recently been
exercised by this city, and the rule
that the construction placed upon a
statute by public ofiicers charged with
the duty OF executing the law may
properly be considered in determining
the Legislative intent has no applica-
ton here. unless 1t be to construe the
ordinance against the defendants.
In most OF the cases cited in sup
port Of the contention Of defendants
Cañon City record., 1907-11-07
MANY INQUIRIES BEING
MADE ABOUT CANON CITY

Never before have so many inquiries
been received by the newspapers, the
Merchants association and the real es-
tate men from peopue in the eastern
states about Cauon City and its advan-
tases as Is the case At the present
time. Hundreds of letters have reached
here within the last few weeks from
people In the east asking about the
climate, the price OF land. taxes, etc.
the major part OF whom are desirous Of
coming here to make their home.
These letters came from all parts Of
North America. from Florida to Quebec
and from New Foundland to Arizona.
and Indicated the efficiency OF the ad-
vertising Canon City has received dur
ing the last few years.
Secretary Ross OF the Merchants as
sociation ha1 received many requests
for the descriptive booklet gotten out
last spring and 1t 10 doing q lot OF
hrst class missionary work, for the
community. A few days aeo Mr.. Roas
received . letter from N. A. 0tumps. of
PalatkA. Florida. sAyiAg that he bad
been converted 6y some AhveFxlolng
he had sssn about CaAoa City. aAa.
With he fAthsr. was co0ing Asre -
Cañon City record., 1907-11-07
Three Star Course Tickets
Given By The Daily Record

friends and can use the tickets all
right
So If you have friend in the list
come in and get the votes coming to
you.
II you have paid the collector in
October or November you have some
votes coming up. You can get them by
asking at the counter.
You get so votes for each month you
pay for the Daily Record or 1000 for a
years payment Two hundred for a
year on the Weekly Record.
Here is a list OF the men who are
being voted for:
Wm. X. Scott.
Ed. Beeeek.
p. c. Whalen.
Hagen StockdeE.
Beech Lyons.
". ]. Maddox.
Jonathan Seaman.
Joe QuinD.
Fred Duncan.
Paul SeAsltA
Cañon City record., 1907-11-07
His Opinion Is a Len
the Subject In e
From Attorneys
Decision.

The opinion of County Judge James
L. Cooper. in the case of Canon City VS..
the trustees OF the Elks Club. in which
he confirmed the opinion of the magis-
trate's court and fined the defendants
for illegal liquor selling. has been the
cause of much comment since 1t was
handed down Tuesday. Attorney
>Clyde C. Dawson, one of the counsel
for the defence, said yesterday:
Owing to the fact that judgment
has been stayed for ninety days there
will be no immediate developments in
this particular case. II the Supreme
court. before which the Injunction case
il pending. passes upon the point in
volved In this issue. It will not be nee
essary to proceed further with this
case. But II the Supreme court does
not pass upon the vital question, we
will take the case up to the higher
courts at once"
City Attorney A. l.. Taylor. who has
represented the City In the prosecu-
ton. said to a Daily Record man yes
tcrday:
Naturally l am very much pleased
with the decision OF Judge Cooper In
the case against the Elks Club. 1t Is
one OF the best reasoned opinions
have ever had the pleasure To read,
and one that would do credit to any
court In substance his research
shows this fact-that no court has ever
held that social club could dispense
liquors to its members In prohibition
reduced the fine from $500 to 800 Is
Of NO consequence. The only question
the city IL concerned In In the stopping
Of tho sale OF Intoxicating liquors In
the city and not the collection OF fines.
Il believe the city would willingly
remit the fne II the club would quit
dispensing intoxicants. There can be
NO doubt that the Elks are violating
Aths city ordinances. and that Trey are
aware Of It and that they should now
quit and not wait until they are forced
to the wall. The men OF professed
standing In the lodge should force the
club to quit selling intoxicants."
The following extracts from Judge
Cooper's opinion are OF interest to
those Interested in the matter at is
sue:
This question has never been passed
upon. directly or indirectly. by an ap-
pellate court of last resort in this
state.
And at the very threshold OF this in
vestigation the court is confronted
with a multiplicity of adjudications
which are In apparent conflict The
only point upon which the courts
seem to agree, being that they do not
agree.
But. as stated In State vs.. McMaster.
II f. 29l. much OF the seeming con-
iict arises from two causes:
First. Where the alleged club. rs a
matter OF fact. il not bona fide what It
purports to be. but 10 mere device
70 evade the law against retailing
liquor without license. and.
Cañon City record., 1907-11-07
WHAT JUDGE COOPER
SAYS l|N EI.KS CASE
ny Document and Treats
ustive Style-Expressions
wson and Taylor On the

Second, From the difference in the
terms of the various acts upon the
subject, each court constituting for it
self the laws and regulations of Its
own state. And. like that case, In the
case at bar the difficulty first above
indicated is not in the way, for 1t must
be CO. .ded that the Elks Club is
pursS a bona fide social club.
Conceding, that under the facts of
Klein VS.. The Livingston Club, cited
as an authority. the club merely main
tanned such a family relation as robbed
the distribution OF liquors of the ele-
ments OF a sale, or that the method OF
distribution was but an equitable dis
tribution Of common property. how
can such findings upon the facts of
that case aid the defendants in this
case! The membership of the Livings-
ton Club was limited to 100 members,
while In the case at bar the undisputed
testimony shows that the order OF Elks
has a membership of two hundred and
nifty thousand. and that every member
OF the order In good standing is en-
titled, as or right by virtue of his mem
bership in the order, TO all the benefits
and privileges. of the club, including
the right to obtain liquor.
Rather a large family. And can the
two hundred and fifty thousand MEM
bers of the order be said to be owners
in common OF the liquors kept by the
Elks Club OF this city. To be sure the
right to the privileges OF the Elks' Club
is mutual among all members OF the
order to the extent that any member Of
the order In good standing has access
to any and all Elks Clubs, but does
this fact make all Elks owners in COM
mon OF the liquors.
How can il be said that when. for
instance an Elk belonging to the order
In Pennsylvania walks into the Elks
Club of this city. hands the Steward Of
the club aftesus eontsy and receives in
return therefor n drink OF whiskey,
that he but receives his proportionate
share OF common property. II he has
any interest in the liquor he thus
drinks before he pays for 1t, where did
he get the interest, how did he get the
interest. what value did he give for the
interest
Does he get his individual share in
common liquor by virtue OF the mutual
rights OF all Elks to enjoy the privilege
OF all Elks Clubs? Let It be supposed
that this Elk from Pennsylvania be-
longs to a lodge that maintains no
club. for 1t appears In evidence that
clubs are not maintained by all lodges,
then by what possible stretch OF the
Imagination can he be said to have the
slightest interest in the liquor before
he pays for 1t in hard cash at the bar.
This man from Pennsylvania has no
Interest In the liquor. and he Is not
even q guest OF the family. for guest
Is one who comes upon invitation to
enjoy a privilege that has been extend
ed to him, but which might have been
withheld from him. bu: the man from
Pennsylvania has access to the club n
Cañon City record., 1907-11-07

Whatever division lines may have
existed In the local Y. N. c. A. were
expurged by the banquet at the gym
nasium Monday night. The contention
and controversy aroused by the recent
membership canvass was forgotten In
the fraternal spirit that existed and
unity was everywhere apparent. II was
a banquet OF good-fellowship and was
ar earnest OF the determination Of the
men Of the association to succeed In
their purpose despite all obstacles that
might present themselves, All rancor
and uncharita bieness; all rivalry and
debate were submerged in the general
good and the receive made to 60 for
ward to still greater victories.
The banquet Monday night was the
penalty which the "Reds" had 10 pay
for losing the campaign for new NOM
bers last moath 10 the triumphant
"Blues." There was no gloAting OF the
victors over the vanquisAed At the fss-
tai board. The occasion Was character
ised by the mutual fratsrnity and
good will and the Aatchet OF discord
was buried too deeply for resurrection.
II was an event OF great enthusiasm
and welded the members OF the Asso-
citation into q more devoted and ag-
gressive brotherhood. an organisation
that 10 doing work Of iAcalculable
bsnsflt for The young msa OF ne COM
munity. Of the state. Of the nation. OF
Christsado0.
TIE banquet ~AA served Ct O'Clock
hy . seoso q yoSAg laAios wearing rod
eeeeNs - Fsas - 8 ereus paesr.
Cañon City record., 1907-11-07
Y. M. G. A. BANQUET
WAS GREAT SUCCESS

suggestive OF the defeated colors in
the contest which ITS champions had
waged and lost There were covers for
one hundred and seventy-five people
and but ten short Of that number sat
down to the dinner, which was indeed
feast OF reason and q dow Of SOU" 4"
Quite SO enthusiastic gathering OF
young men never assembled In Canon
City before on a similar occasion, GER
tainly nothing like It was ever witness
ed at the 7. n. c, A. gymnasium.
AL. Morrison, captain OF the victor
ious Blues" presided as toastmaster
and there were speeches by a bakers
dozen OF the banQueters. among them
Prof. H. 4. Smith. A. H. White. Prof.
Warner. w. Il. Mcmillan. Chas. w.
Van Patten, Rev. H NJ. Jameson. r. @.
Nesbit. ChAs, 4. RowcliRe. Secretary
A. r. GRAY Of the association and Pyh-
steal Director Geo. b. Jones. Il was
II O'Clock before the guests arose from
the tables and made their way to the
reading room and parlors Of the asso-
citation where an lmpromptu vaudeville
program was rendered. greatly to the
amusement Of all.
All In all the banquet was q red
letter event In the chronicles OF the as
ISOLATION and prssazes much for the
future. The very generous co-opera-
ton OF the various churches Of the city
In the forward novement OF the as-i
sociatioa 10 keenly appreciated. - Il
10 realised that without their help
fuln00a very muoA lee would have
heAn ooonwnn.1nHA I
Cañon City record., 1907-11-07

A Canon man has been repeatedly
invited to visit friend in the country.
but his wife won't go. "A mans in
vitation." the wife says. "is good only
In one house in twenty. won't go
until the mans wife invites u.s."
RECORD MEANS RELIABLE
Cañon City record., 1907-11-07

raise fruit. Mr.. Stumpe says that his
father has to leave Florida on account
OF rheumatism and that they have Sc
lected this part of Colorado as offer
Ing greater Inducements than any 9TH
er part OF the country as a ploce Of
residence.
T. A. Haynes. OF Boulder. Colorado.
is another convert made by the evan
gelism OF the. association booklet and
says that he and his brother and me-
phew are coming to Canon City to To-
cate, Mr.. Haynes has purchased ten
acres Of fruit land OF Dosier 4 Mao
kenxie and expects to set II out In ap-
pie trees next spring. II the inquiries
that arc coming In about Canon City
arc worth anything It may safely be
assumed that the community is on the
eve Of substantial boom.
Cañon City record., 1907-11-07
You know what. the
Review of Reviews is.
1t is the best $500
Magazine in America
to-day.
For a short time we
are going to offer you
The Daily Record

one year, and The Review of Re-
views one year, both for only 5000.
Here you get a $500 Daily Paper
and $500 Magazine for just what
you pay for The Daily Record.
This offer is open to everybody,
both new and old subscribers. This
is for cash advance payment and
The Record must be paid up to
date.
And BY taking advantage Of this
offer you Scan give 1000 votes to
someone inSthe contest for the trip
to Old MeSico.
Cañon City record., 1907-11-07
Card Of Thankp.

We Wish to express our sincere
thanks to oar friends and acqpaint-
ancss. both In Guaey and Canon City.
for their hndnsss and sympathy dur-
iag ~ tllnsas and loss Of oar Iovea
daughter. Maria
Mr. @. ". SILVIA
MA q. w.. OYLVl9
The Republican. [volume] (Oakland, Md.) 1877-current, 1907-11-07

wrecked were laden with coal and there
was one car load of apples.
Promptly following the news of the
disaster the wreck trains from both
Cumberland and Grafton were sent to
the scene. There are three tracks I'D
the grade from Rowlesburg to Terra
Alta, ard because of this fact there was
little delay in trains. All three of the
tracks were blocked. but one Of them
was cleared in a very short time and
the delay of through passenger trains
amounted to but little. The dead engi-
neer, Martin Fallon Of Piedmoat, was
aged forty years, and was an able en-
ployee Of the company.
Flagman J. w. Gerlach, whose home
was in Cumberland, was aged 80 years;
he was married, and leaves a wife and
two children.
Brakeman w. E. Ham.ll, residing at
keyser, was aged about twenty-four
years, but whether married or not we
have yet to learn. The bodies of the
dead were taken to their homes.
The Republican. [volume] (Oakland, Md.) 1877-current, 1907-11-07
for Sale.

We have for sale the. following valua-
bic tracts of land
One Military Lot of so acres, a small
portion of which is under cultivation.
All good land, and every acre tillable.
Watered by several good springs and
never failing small run. Contains
some good timber. One-half mile
from r. r. siding, and one and one
half miles from Oakland.
Also part of two Military Lots contain
ing about so acres. This property is
directly East of Oakland, on the South
side of the B. & O. R. r. siding on the
North side of tracks. Contains valu-
able grazing land, portion of which
is in cultivation. Valuable r. r. front
age.
Also 10 acres suitable for building sites,
Just East Of Oakland on the North side OF the
Oakland ana Mt. Lake Park road.
For further information, address
THE H. WEBER & SONS CO.,
6-tf Oakland, Nd.
The Republican. [volume] (Oakland, Md.) 1877-current, 1907-11-07
Letter so Z. l.. Beckw0rth.
Oakland, Nd.

Oakland, Nd.
Dear Sir: Josh Billings never said
anything truer than this: "Sucksess
duz not konsist ov never maxim blund-
ers, but in not maxim the same wun
twist"
N. R. Watkins, of Lott, Texas, had
his house painted some years ago, and
it took 10 gallons of what he believed to
be paint; he bought it for paint, and it
looked like paint, the painter said it
was paint.
He has had it painted again; it took 7
gallons Devoe.
1t cost $65 before; now $35.
He knows it is painted now, and he s
got that $50 in a safe place He's got
his knowledge in safe place too.
Yours truly
80 F w DEVOE & co
p. S, Dixon & Kelso, Oakland, and C..
M. Rathbun, & Sors, Mo1ntan Lake
Park, sell our paint
The Republican. [volume] (Oakland, Md.) 1877-current, 1907-11-07

If real coffee distu.Ds your Stomach,
your Heart or Kidneys, then try this
clever Coffee imitstio n-Dr. Shoop's
Health Coffee. DR.. Shoop has closely
matched old Java and Mocha Coffee in
flavor and taste, yet it has not a single
gran Of real Coffee in it. DR.. Shops
Health Coffee Imitation is made from
pure toasted grains or cereals, with
Malt, Nuts, etc. Made in one minute.
No tedious long wait. You will surely
like it. Get free sample at our store.
All dealers.
The Republican. [volume] (Oakland, Md.) 1877-current, 1907-11-07
ORDER NISI.

Roy SpiEer, 81 al vs.. Jennie Bender, ct at.
No. last Equity in the Circuit Court OF Car
gett County, Maryland.
Ordered, this End day OF November in the
year 1867, by the Circuit Court for Garrett
county, sitting in Equity, that the sale made
and reported in the above cause by Daniel
J. Bender, trustee, be ratified and confirmed,
unless cause to the country thereof be
shown on or before the 9TH day OF December.
1907; provided a copy OF this order be
published in some newspaper publish
ed in Garrett county, once in each OF
three successive weeks before the 18th day
OF November, 1907
The report states the amount of sale TO be
$6CJ0l.
Z. Z. TOWER, Clerk.
True Copy-Test:
Z. Il. TOWER, Clerk.
The Republican. [volume] (Oakland, Md.) 1877-current, 1907-11-07

Judge Robert R. Henderson, of Cum
berland, who arrived at his home in
that city '.st Thursday from a trip to
Europe, was in Oakland yesterday at
tending meeting of the Court House
Commission.
Leslie King. who returned TO Oakland
several weeks ago from Row'esburg,
where he had been employed in the
cemeut mill near that &C, # here
yesterday morning to resume his posi-
ton as machinist.
/ Chief Clerk L. L. Friend, of the do
partment OF free schools, with his fam
lily, is expected to return to Charleston
Saturday from two weeks visit with
his parents at Friendsville, Maryland. -
Graft~n SeCtinel.
The ladies of St. Mark Ev. Lutheran
church feel very grateful to the manv
who extended their patronage on Tu =
day at the dinner and supper served by
them in the basement of the church.
About $40 were Melted, which will be
app ed to the church fund
WANTED. "A man to sell and set .
memorial work. Steady job for the
right man. Apply to J. B. Williams Co.,
Marble and Granite Dealers, Frostburg,
Nd
Trial Catarrh treatments are being
mailed cut free, on request, by DR..
! ShoOp, Racine, Wis. These tests are
/ proving to the people-without
penny's cOst-the great value of this
( scientific prescription known to drug
! gists everywhere as DR.. Shops Catarrh
Remedy. Sold by all dealers.
Mrs. c. Felty Ct Connellsvine, Pa,
and sister. Miss Mollie Porter Of OaA-
land, who have been in the city some
days past as the guests Of their sister,
Mrs. d. Grant Smith of the West Side,
left this afternoon on train IA for Oak
land. Grafton Republican,.
/ Stomach troubles, Heart and Kidney
ailments, can be quickly corrected with
a prescription known to druggle-- every
where as DR.. Shops Restorative. The
prompt and surprising relief which this
remedy Immediately b. .7gc is entirely
due to its Restorative ~cti0n upon the
controlling nerves of tie Stomach, etc.
All dealers.
Mr.. J. L. Pollock is having hot
water heating plant installed in his
dwelling on Second street, which, added
to the other improvements he has made
to his property during the past summer,
makes it one of the most comfortable
and conyc 1iert residences in own.
Mrs. Elmer Haulenbeek and her in
FAINT son went to Philadelphia from
Deer Park last Sunday. She will re-
main there brt short time, and then
return to Baltimore City for the winter.
Mrs. Haulenbeek has been very much
benefited by the summers sojourn in
the mountains.
Mr.. Patrick j. Garrett, of Deer Park,
who returned to his home at that place
on Saturday from a visit to Idaho and
other points in the west, was in Oak
land yesterday for a few hours. While
Mr.. Garrett was in Idaho he spent sew
eral days with 'Dick" Browning, who
has embarked in the hotel business at
"the end of civilization in Idaho" as
Mr.. Garrett put it.
MEN WANTED Dat the Garrett Leath-
er Company's Tannery, at Hutton, Nd.
Ten good men can find steady employ
ment at good wages. c. H. HAYDEN.
Suot.
The Republican. [volume] (Oakland, Md.) 1877-current, 1907-11-07

Miss Lena Wolfe, of Oakland, went
to Frostburg on Monday where she will
visit friend.
Mr.. and Mrs. VIM. St'~giss Of Oa =
land are spending this week visiting
relatives in Meyersdale, Pa.
Mr.. F. z. Rathbun. of Piedmont,
came to Oakland on Tuesday and ex-
ercised his right of franchise.
Mr.. Chas. Brown, Of near Kingwood
spent Sunday in Oakland as the guest Of
his brother, Mr.. Austin Brown.
Mr.. S. J. Thomas, merchant at Sang
Run, was a business visitor to Oakland
yesterday, when he called at this Office
Miss Prema Bolden is on visit to
friends in Cumb@ land and Keyser.
Two h2fsss for sale orr e ID
work horse SIS; one a good roacsrer ass.
J. L. Wheeler, De er Park :.
Cceutzbu.g will y higf st prices
for beef hides, stcep skins, etc. ess-
ed calves ar pork.
Mr.. J. P = Fent Of the General
Managers Office B. & O. R., Balti-
more, was yisitiog in Deer Parl. last
Sunday.
1t is well to remember that only the
good believe in the good, and to tie
noble alone is given the power to - =
ognize the noble.
Call end see the new 1908 model Ed
ison Photographs s's0 q large list Of
Gold Moulded" records for sale now
by The H, Weber & Sons Co.
Senator W. McCulloh Brown left
Oakland last ni-' for New York to at
tend the funeral Of his uncle, which will
occur in that city today.
For Sale or trade for cats, hay or
com, two work ~ses in good cordi-
ton; pply to Thomas Harae, Oak
land, Md.
Mr.. Wallace L. Mason, # Buckhan-
non, West Va, spent Monday and Tues
day in Oakland with his parents, Mr.
and Mrs. George NJ Mason.
Miss G lace Jones has as her guests
this week Miss Stella Blackman, Of
Parsons, West Va, and Mss C'lre
Painter, of Greensburg, Pa.
Mr. Julius c. Renninger LIFT Oak nd
this morning for Pittsburg, from which
city he VII accompany Mrs Rer0inger
to her home here later in the week.
Mrs E. NJ. Spedden and three child
rem, Of Ccellia, passed through Oakland
Saturday IL cute home from a visit
to friends and relatives at Grafton and
Davis, West Va.
The knocker in this town is almost an
extinct species humanity. In fact, a
genuine, died-in-the-wool knocker in
this town would be worth money as a
museum freak.
Adolph Rambean, of Mountain Lake
Park, left here yesterday morning for
Morgantown, West Va, where he will
be employed in a clerical capacity by the
Mississippi Glass Works.
Mr.. and MIS-. 2. G. Hyde enl ,aled
quite a number Of friends at a Hol-
lewen'en party given at their home on
Alder street. All present seem to have
spent a very enjoyable evening.
Have few good sheep that | will
place with proper parties on shares.
VIII OT1lU Mace with DcrsoUc who bov-a
weather. Apply to Lock Box SO, Oak
land, Maryland.