davidaulloa/AmericanStories huggingface dataset:
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28

.~Wo viii not accept stamps of
lar domination than > cents.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28

, vcREARY, Editor and Niger.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28

.,f.o.s every Monday and Thursday
j -. gainesville, Florida.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28
Advertisind Rates:

,,,t advertisements, 10 cents a
,' s,r the first and 10 cents for each
|j,t!onal insertion
l1t.,1 advertisements for three,
~ Twelve months at special rates.
tcas furnished upon application.
War-iase and Death notices inserted
I. obituaries. 3 cents a line.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28

collar button manufacturers
...' q trust, and the consumer
..." get il in the customary
COLLAR buttons.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28

d.. Great majority Of American
'.... '.s know that there are new
. a circulation because they
1911 'tr papers.
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28
GAINESVILLE
IL MES&z . wv

- Ds,ember 81. 1902, at Gaines.
per. r,, as second-class matter
Ti"S' ,,- Of Congress of March 5,
-,-i
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28

Terms Of Subscription:
=, ~n,ce.a.Week Sun 81 a year;
-,-r.hs SOC; single copies, &c.
The daily morning journal and courier., 1907-07-24
This Clock Can Only Be Secured by Subscribing to The Journal and Courier

In offering this clock the public if giving opportunity obtain genuine usefulness at a ce much below s actual value fhe time using industry. HAVEN CLOCK COMPANY
 We avoided will mHm schemes relying rather the make welcome citizens present growth circulation amply tesiies that
 TERMS-Pay $1.oo receipt clock at 10 12 Months Courier year.
The daily morning journal and courier., 1907-07-24
GREAT NEcKs sTARLINGs.
They Stayed the Winter Out--TheiE
 Home on the Church Tower.

They Stayed the Winter Out--Their
 Home on the Church Tower.
 It never rains but it pours. My de- fense of the European starIing brought a letter from a lover of birds telling where there were several immigrant colonies, and within a week 1 came upon pair of them in Central Pa K foraging for grubs with the GU. ious military precision that dignifies what in another bird would be agTaid into Ia reconnaissance according to the rules. Nothing escapes. And now, the Eother day. I made the personal ac- lquaintance of flock residing in the tower of the Episcopal church at Great Neck, Long Island.
 It seems that they moved in incog. and remained so for a year or more before some one who knew identified them Where they hailed from is not on the records. A little flock came that way, saw the tower and thought it good, and there they stayed, making their nests in a secure but rather ex- posed place behind, some open scrool- Work on the outside of the tower, just above the bells some sparrows had made the discovery first, and for a sea son there was fer be warfare between them; but in the lend they decided to live together in pAace. The sparrows, as the hardier aJ,d incidentally the smaller birds, see Inn to have accepted chiefly the north Side of the tower and the shelves below, the bells-beloW the
The daily morning journal and courier., 1907-07-24

salt, as it were.
 I looked my old friends over through pair of field glasses. They were starlings, sure enough, with all the ear-marks, little toned down it seemed to me, not quite so gorgeous or shiny of coat as when I knew them as boy; little rough, as if they had gone through hard experience, as in truth they yHad; for they seem to have changed their habits with tlleir coun- try AbDoad they migrated, lording it in the Riviera in winter. Here they have been all-year guests so far. Per haps they have lost their bearings and don't know where to go. lAt any rate, | hey stay the winter out The rector fof the church, Dr. Huske, told me that | in the coldest weather they fOrsook the tower and sought shelter under the | bushes and brambles in the back lot, He was afraid they were going away, and scattered some oats on the snow They ate it gratefully, and helped themselves, too, to the seeds of the vines that climb the tower. The starling is bird of resources. When l watched them, Mrs. Starling was sit tins on eggs, and her lord was busy as could be feeding her grubs, much
 too busy to- sing. He had learned the immigrants lesson that it is root hog or die' on a foreign shore. Perhaps, too the memories of the long winter haunted him yet
 But he has not forgot his vespers
 any more than his family responsibil- ittes. The last rays of the setting sun
 find him, as of yore, in the highest treetops, or on the peak of the tower,
 pouring forth his paean of praise in
 his sweet whistling notes. The rector
 Fixes. him. He was his champion when
 the Vestry found fault with the traces
 he left on the tower He told them
 that it was not good for church tow leT to look too new, and that the star
 ling, having sought sanctuary there
The daily morning journal and courier., 1907-07-24

its business while having an orderly inquiry made by the courts as to it's constitutional rights. I am therefore of the opinion that the section of the act attempting to impose penalties and fines is unconstitutional and void upon the face of the act. For the reasons hereinbefore stated, the petitioner will ba discharged.
The daily morning journal and courier., 1907-07-24

rector, thoughtTully, that the people
 would flock to the church as numerous
 ly and stay as steadfastly as the star ling. g."-Jacob A. Riis in Outlook.
The daily morning journal and courier., 1907-07-24
Responsibility Assumed.

"If in pursuing the usual and we'll defined practice and procedure in such cases with the sole view of maintain ing the jurisdiction of this court at any stage of the proceeding, conflict must come. and trust that it may not, I shall not evade the responsibility which is imposed upon me as the presiding officer of this court
 Much has ben said about the sov- ereignty of the State. That question does not arise in this controversy. This court having assumed jurisdiction of tha subject matter involved in the orig fna1 suit, wherein the railroad com- panies are compIainants, and the rail- road commissioners and others are de- fendauts. the real question is as to whether this court shall be denied full and complete jurisdiction of the subject matter at issue in that suit.
 "If the contention of counsel repre- senting the stale be true then this court can be deprived of it's iurisdic- ton by the multiplication of criminal prosecutions in the State courts against the complainant, it's (agents and em- ployes to such an extent as to finally place it in a position where it will be deprived of d larger amount than that which is involved in the original con- triversy, and thus by indireetion the complainant will be denied a right which is guaranteed to it by the con- stitution of the United States This proposition is inconsistent with the well established rules of judicial pro- cedure, and does not commend itself to this or any court sitting as a court of equity It excludes the idea of com- ity between courts of concurrent juris- dietion.
The daily morning journal and courier., 1907-07-24

of the laws of the State, could it be se- riously contended that the State court, after having taken jurisdiction of the questions involved in the civil action thus instituted, would permit the com plainant to be subjected to criminal prosecutions and suits for the recovery of the enormous penalties enumerated in tse statute of the State during the pendency of the action and before there could be an entertainment as to the rights of the parties to the original suit? The State court under such cir cumstances would undoubtedly pre- serve the rights of the parties until the final hearing, and any other course woudl be without precedent in the ju- dicial history of the State,
 Notwithstanding this. we are con- frcnted with an attempt on the part of these representing the State to do that which, if successful, would render this court powerless to grant the same re- lief that would be granted as a matter of course in another court of concur rent jurisdiction
 "The law provides that in all cases where the federal courts have con- current jurisdiction with the State courts, that such courts shall have power and authority to adjudicate any
 question that may come before such tribunals and to protect the rights of | litigants to the same extent as that of the State courts. The suits out of which this controversy arose were in- stituted in the same manner as other
 suits are instituted, and, involving as they do the validity of statute of
 North Carolina, it necessarily follows
 that all matter connected with the en-
 forcement of such statute during the lpendancy of that suit are under the
 control and jurisdiction of the court where the questions involved are being | ITtigated
The daily morning journal and courier., 1907-07-24
Fines Might Aggregate s2,5OO,OOO.

Tt is shown by the uncontradicted evidence in this case that at least 5000 tickets are sold daily by complainant at it's various offices in the State in its interstate business, thereby making 1t possible for it to oe sued 5,0000 times it possible for it to be sued 5000 times in one day for penalties amounting to $500 in each instance on account of It's failure to comply with the statute fix ing passenger rates. Thus it will be seen that by an enforcement of the statute' judgments for the sum of $2,- 500,0O0 for each day, The aggregate pen alties for which judgment could be ob- tained for one day would amount to a sum more than eight times as much as the sum involved in the original suit for one year between eoplainant and de- feEdants
 This system of legislation is also condemned by Judge Lacombe in the case of the Consolidated Gas Company vs Mayer, 146 Fed. Rep, 15O, and the cor clusion Is irresistible from what this distinguished iurist has to say that such a system of penalties is uncon- ati;utional and void This not only apv plies to penalties in favor of individ- uals against the company, but also as t) penalties against agents of the com pany which would render it utterly impossible for the company to carry on
The daily morning journal and courier., 1907-07-24

should stay. He is good bird, domes- tic and Of deyout habits, and besides,
 he sets q good example. He sticks by the church. q wish" said the good
The daily morning journal and courier., 1907-07-24
Court Assumed Control.

The court in the original suit having assumed jurisdiction of the questions at issue in that controversy and having entered a decree wherein, among other things, the complainant and its agents were directed to employ certain means and do certain things in respect to the sale of tickets during the pendency of that suit, the e5urJ thereby assumed control of and dominion over the man. Iagement of the business of the com plainant in so far as interstate trans Iportation is concerned in the same man.
 ner as if the court had appointed re- Iceiver of the property of complainant
 HAS a general rule the circuit courts of the United States do not issue the writ of habeas corpus in cases where persons are indicted and imprisoned in pursuance of statute of a State, and lit must be remembered that this is not Ian attempt on the part of the State to enforce a law which has as its ob-
 ject the preservation of the peace, pro- tection of the morals, CT the general welfare of the public, and 1t cannot be insisted that these prosecutions are necessary to promote the welfare of the public in view of the fact that this court has amply protected the rights Tof those who may purchase tickets by |requiring the complainant to give a bond amply sufficient to secure the pay ment of any damages that may be stis- tained On the other hand, Is a penal statute enacIed with the sole view of enforcing obedience to the first section
 of the act which undertakes to fix max mum passenger rates.
 "Therefore inasmuch as the validity of the act which prescribes passenger rates is being contested and the court has by injunction restrained the en- foreenlent of the same, there is every reason why this court shoud exercise its discretion in granting the writ of habeas corpus when it is apparent thal prosecutions of the complainant and its agents are being instituted solely for
 the purpose of deterring the complain ant from prosecuting it's original suit.
The daily morning journal and courier., 1907-07-24
JUDGE PRITCHARD'S
 RADICAL DECISION Promptly Sets Aside Yer dict of North Carolina
 State Court. PROMPTLY SUSPFNDS LOCAL AUTHORITY A Decision Which Will Give Supreme Court Oc-
 cupation.

The text of the decision given by Unit ed States Circuit Judge Pritchard. in the. case of the Southern Railroad for violation of the North Carolina State railroad rate law is given below. It may be of far-reaching consequences as involving a clash between State au- thorities and the federal judiciary. An attempt will be made to take the case at once to the Supreme Court of the United States:
 The petitioner was indicted on a charge of having violated the provis- tens of Section of an act passed at the session of the legislature of North Carolina of 1907, prescribing the maxi mum charges railroad companies may make for transporting passengers in North Carolina. tried and convicted and sentenced to a term of thirty days inn prisonment, to be worked upon the public roads of Buncombe County.
 Some time since suits were institut- ed in the circuit courts of the United States for the Eastern District of North Carolina by several railroad companies against the Corporation Commission CTS of North Carolina. the Attorney General and the Assistant Attorney General of that State, for the purpose bf obtaining protection of the fourteenth amendment to the constitution of the United States against an act of the Legislature of North Carolina establish ing maximum rates which such com panies claimed to be confisCatory and on prima facie case a petition was made before me for interlocutory in Functions.
The daily morning journal and courier., 1907-07-24
State Authority Suspended.

According, on the 18th of June I issued injunetions pendente lite enJoin- ing the defendants and all other per sons from putting the rates into ef- feet during the inquiry before me as to the constitutionality of the same, and from instituting prosecutions or at- tempting to impose penalties upon the companies or their employees for a fafl- ure to put into effect the statutory rates which are being contested. The court amply preserved the rights of all the travelling public by requiring a cou- pon to be given to each purchaser, evil dencing the amount to be refunded to him in the event the rates should be upheld and to secure the same ample bond and security were given.
 This was in accordance with the policy of the statutes of North Carolina, where a rate made by the commission IS attacked I thereupon referred the matter to a master to ascertain and report his conclusions to me, and to avoid delay required him in the order to make his report by the 25th of Sep tember, and fixed the hearing for the first Monday in October, so as to give the parties opportunity to have the questions involved finally determined by the Supreme Court at the earliest possible moment, There was nothing unusual, in the proceedings, which were instituted before me by the several rail- road companies in the State. Similar suits have been instituted in the State of Alabama, where Judge Jones issued an injunction, and also in the State of Georgia, where Judge Newman pursued the same course.
The daily morning journal and courier., 1907-07-24
Punished for Obedience.

'Tn view of this situation, the court Is called upon to determine the ques- tion whether the petitioner is entitled to be discharged, inasmuch as 1t ap- pears to the court that the act on &C., count of which he was indicted was committed in pursuance of an order and decree of this court,
 "This court by proper order having di- ected that the complainant should provide q ticket with coupon attached thereto representing the difference be- tween the present rate and the pro- posd rate, it thereby became the duty of the company and it's agents to strictly comply with the requirements of such order, and any failure on their part to observe the same would render them liable to attachment for con- tempt. and under such circumstances, the. duty being enjoined by this court, the performance of the same by the complainant and it's agents would not render them liable to punishment un- des the statute of the State.
 'Tf the State courts possess the pow CT to indict persons acting under the directions of the federal court for the performance of a duty enjoned upon them in suit of a duty enjoined upon them in a suit which may be brought in such court, then the power of the Circuit Courts of the United States would De rendered unable to proceed Ito the determination of any question involving the validity of the statute of a State legislature.
The daily morning journal and courier., 1907-07-24
What Would the state Dos

Suppose complainant had instituted it's suit in the State Court instead of applying to this court, and that court had granted an injunction in pursuance
The daily morning journal and courier., 1907-07-24
Pritchard Says Bankruptcy.

''The penalties prescribed by the State statute for charging more than the statutory rates are so enormous that if permitted to be enforced they would practically bankrupt the railroads in an exceedingly brief time, and before a final hearing could be had in the case, and thus place the complainant in a position where it would be powerless to assert the right which is guaranteed 2 ito it by the constitution of the United States
 t'If the criminal prosecutions against tho agents, conductors and employees gre permitted to continue the managers af ths railroads cannot successfully
The daily morning journal and courier., 1907-07-24
Federal Injunction Defed.

Notwithstanding the United States Circuit Court had thus taken jurisdic- tior of the whole matter and was pre- ceeding in an orderly way with it's con- siGeration, the evidence shows that the governor of North Carolina has issued an address to the Judges of the Superior Courts of the State questioning the authority the Court to make the order referred to and asking them to see that indictments against the agents and employees of the railroads and it's officials be sents before the Grand Jury in order that the State may undertake the prosecutions which are enjoined in my ordery and stating that as Chief Executive of the State he stands ready to aid them in enforc- ing the law In accordance with this policy a number of indictments have been found and prosecutions begun in defiance of the order of injunction is- sued by the United States Circuit Court If these prosecutions are per- 1taitted and continued the result will be Ito nullify the injunction which was granted by the Circuit Court and to practically defeat its jurisdiction. Nor only are the rights of Iitigants involved, but the dignity and authority of the Circuit Court of the United States as well.
 "The prosecutions and arrests, taking place in widely separated portions of Ehe State, present serious difficulties in tha matter, and this Court is confronted with open and avowed opposition by the powers of the State. Obstacles are being thrown in the way of inquiry by this court of writs of habeas corpus into the legality of arrests, and this seems to be the deliberate policy of those representing the State. I do not wish to be understood as imputing inn proper motives to the Governor or oth- CT State officials as respects their ac- ton in this matter.
The Frankfort roundabout., 1907-09-21
RAILROAD TIME TABLE,.
WEST BOUND.

No. 10, l.. &. N. Frankfort Accom-
mediation, departs 5:35 a. m, daily ex.
cept Sunday.
No. 81, l.. G. n. departs 1855 a. NJ,
Sunday only.
No. 21. c. & o. (Via Shelbyville).
departs 9:20 a. ~, daily.
No. II, L. & N. departs 9:40 a. No.,
daily except Sunday.
No. 15, l.. n. departs 1920 p. M,
daily except Sunday.
No. %, c. & o., (Via Shelbyville).
departs 6:1J ,. H., daily.
EAST BOUND.
No. is, l.. & n. leaves $50 a. m.,
daily except Sunday.
No. -, c. & o., leaves 10:1S G. m.,
daily.
No. 16, L. & N. leaves ABS p. M,
daily except Sunday.
No. 20, L. & N, Frankfort Accom-
mbdative arrives 6:15 p. M, daily ex
cept Sunday.
No. "a, C. 6 o., leaves 1859 p. m.
daily.
No. 62, L. e n, leaves S:26 p. m
Sunday only.
c. & o., trains arrive and depart
from Seventh Street Station, Louis.
vile.
l.. &. ~, trains, except Efankfof.:
Accommodation, arrive and depart
from Tenth and Broadway Station,
Louisville.
Frankfort Accommodation arrives
and departs from First and Water
Street Station.
r. G. c.
Leaves for Paris. $3.50 a. m.
NSIuIuS. IL ID d. III.
Leaves for Paris 200 p. m.
Returns. .................. ..7:20 p. m.
J. w. WATSON, Ticket Ae-..
The Frankfort roundabout., 1907-09-21
BROKE HIS ARM.

Leon Mcdaniel, son of Deputy U.
5. Marshal n. |. Mcdaniel, was riding
horse TO water at the home of his
father, just above the city, on the riv-
er, Tuesday morning, when the ami
NAL attempted to jump over a ravine,
throwing young Mcdaniel off, he
falling upon his left arm, the bone
was broken at the elbow. The frac-
ture is quite Serious and care will
have to be taken to prevent the joint
becoming stiff.
The Frankfort roundabout., 1907-09-21

Oh the association and properly to ad-
vertise the resources of every section
and every industry in the State. Each
member of such a fiscal court SO help.
ing in the work will be authorized
to name two members of the associa-
ton from his magisterial district
Commercial and other organizations
OF every town ought to solicit mem
Ders of the association and ought to
send delegates to it's convention, and
should now cooperate with us.
If sufficient funds can be raised this
association will have ample, perma-
nent headquarters for us as a sort of
clearing house for all the industrial
organizations of the State and might
eventually have a permanent place
for the practical exhibition of our in
dustries and resources. Moreover,
such an association, If we'll supported,
could have a great influence in pro-
noting proper reforms in legislation,
and in business methods.
We need the encouragement and the
active help of everybody, and we hope
that ali who want to bring about any
improvement will volunteer at once.
Mere complaints benefit nobody; but
active work over the whole State
would make important changes imme-
diately. 49,. ,s ~ I. 49,.
Send dollar and your full name
and address to Mr.. A. Y. Ford, Treas
urer, Columbia Building, Louisville,
Kentucky.
EDWARD j. McDERMOTT,
President.
HENRY ,. GRAY,
Chairman Memembership Committee.
JAMES r. KELLER. Secretary
The Frankfort roundabout., 1907-09-21
A CAMPAIGN OFFER.
The Most Liberal Campaign Offer
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From Now to November 9, 1907, For
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it is news; If you want only the news
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