davidaulloa/AmericanStories huggingface dataset:
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
TO TEST VENDOR
ORDINANCE NOW
First Gases for Violation Will
Mean Determination of
Constitutionality Of
Measure.
ATTORNEY BERMAM DEMURS
Claims Aldermen Delegated Powers
and Also Acted Beyond Power by
Passing Bill Thnt Gre
ates Revenue.

In the city court this morning will
be tested before Judge Tyner the con-
stitutionality Of the ordinance passed
some weeks ago by the board of aid
ermen requiring all vendors in the
city to take out licenses issued by the
chief of the police department. Sew
eral arrests have been made by the
police for violation of this ordinance
already and In two of the cases which
are TO be heard this morning tho
question of the legality of the ,rdl-
nance will be put In the crucible. At
torney Barney Berman, who by the
way is one OF the members OF the
board Of aldermen, who voted against
the passage OF the ordinance, is the
representative of the two defendants
and he will present to Judge Tyner
his argument against the constitution
ality of the ordinance.
Attorney Berman's first contention
is that placing the licensing of 'he
vendors entirely in the hands of the
chief of police which was a cardinal
point with Chief Cowles, the board of
aldermen delegated its powers which
Is clearly against constitutional pro-
vision and that on this point alone the
ordinance is clearly against the con-
| stitutlon. Another point which he
will argue on Is that the board OF
aldermen has no right to pass any bill
which will produce a revenue as the
legislature alone can lay revenue
| producing tax on citizens. Attorney
Berman claims that this ordinance
while not primarily intended to oro.
duce revenue Is In effect q source Of
revenue clearly and that on this score
1t is also Illegal as being beyond tn,
powers of the board which passed !
and therefore null and void He con
tends that the only fees which a II
cense ordinance can provide for ar
those which will simply represen
payment for the actual clerical cost o
issuing the license and he will endaav
or to prove that in this case the fe'
goes clearly beyond that classification
in that II varies from fifty cents I,
s25 whereas IL It were simply to pa!
for the actual clerical cost II coult
never vary but be always the same
He will also call attention to the FAC
that charge Is made for the cost o
badge furnished which charge is KEEP
by the police department while III
regular license fee is received by tn
tax office OF the city and is not iset
at all by the police department whicl
stands all the cost of issuing the II
censes.
The case which will probably b
called first and which will therefor
prove the test is that OF the stat
against Louis Wells The argumen
will be made in support Of demurre
which Attorney Berman will ente
against the charge made by the stat,
Attorney Berman stated last nigh
that he is prepared to carry the mat
ter to higher court If his demurre
is overruled In the city court and hi
: client convicted and he believes o
cases that have been decided on SIM
lar points that he will be able to sho,
that the ordinance is not constitution
} al.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
COLLISION ON B. & A.
Express Locomotive Plows Through
String of Empty Cars.

Worcester, Mass. July Sl.-An ac-
commodation train from Springfield
on the Boston and Albany railroad
ran into the rear end OF string of
empty cars which were being pushed
backwards out Of the station, just as
the express was coming In late this
afternoon, The locomotive of the ex-
press plowed half way through the
empty passenger coaches. Four per-
sons on the express were slightly In
jured by the shock Of the collision
They are Miss Winnifred Swanton
Ann Arbor, Mich, face bruised II. %
Cummings, North Brookfeld back
and side bruised; j. II. Hawkes., Bos-
ton, suffering from bruises; ]. X. Pol
lin, Pittsfeld, baggagemaster of the
express, left leg torn and bruised by
falling trunk.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
KELLY KNOCKED OUT
Ketchel the Victor In Third Round
Kelly Superior Until End.

Coliseum, San Francisco, July 81
Stanley Ketchel of Grand Rapids
knocked out Hugo Kelly of Chicago
In the third round tonight. A left
shift to the jaw, after Kelly had all the
better of the two opening rounds, gave
the latter his quletus
The men entered the ring at 1915
D. M In the first round Kelly drove
left and right to the face and Ketch-
ell slipped to his knees. He was up
quickly, mixing 1t hard, but Kelly
whipped left and right to the stomach.
A wicked mix-up followed, Ketchel
putting right to the head, and Kelly
right and left to the body. AS Kelly
backed away, Ketchel caught him on
the jaw with a left. Kelly had big
lead as the round ended, although he
had a swollen eye.
In the second round Kelly stagger-
ed Ketchel with vicious left to the
chin and straight right to the nose,
bringing blood. The round close with
Kelly having all the better of It. In
the third and last round Ketchell sent
In three lefts to the jaw as quisk as a
flash. The third caught Kelly flush
on the jaw and sent him to the floor
like a shot He was unable to rise
and was counted out.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
Ex- President Of United Mine
Workers Takes Up Work
of National Civic
Federation.
ON THE TRADE AGREEMENT
Writes Seth Low That It's an Oppor-
tunIty TO Develop Good Feel
Ing Between Capital
and Labor.

New York, July 31.--Secretary
Ralph NJ. Easley Of the National Civic
federation. to-day announced that
John Mitchell. former president of the
Mine Workers OF America, would, be-
ginning tomorrow. devote his entire
time to the interests of the trade
agreement department OF the fedora
ton.
AS a member Of the executive coun-
ell OF the federation. Mr.. Mitchell has
been chairman Of the trade agreement
committee. but far more aggressive
work than hitherto has been possible.
because desirable.
In making the offer to Mr.. Mitchell
to assume charge OF this work. Seth
Low president OF the federation.
wrote to Mr.. Mitchell:
1T Is our belief that through this
department you will find opportunity
still to use In the interest Of inIus-
trial peace and advancement the wide
experience and great Influence you
have gained In your long service OF
the United Workers OF America.
1T goes without saving that In This
industrial age, Industrial questions, in
cluding the relations of employer and
employe, are among the most vita
and pressing questions of the day
You will be able, no doubt. to ,om-
mand the cooperation In the work OF
your department, not only of the rep
resentatives of organized labor, but
also of that great body Of employers
Of labor who recognize and sympa.
thize with the aspirations and aims oi
organized labor, and from this stand
point of advantage we think you may
be able to render enduring service tc
|
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
CASTRO IN HOT WATER
Ousting of Dutch Consuls Brings the
End One Step Nearer.

Washington, July 31.-That It will
but intensity the present strained re-
lations between the two countries Is
the opinion Of Washington on the ac
tion Of President Castro in withdraw
ing the exequaturs of Hollands con-
suar officers In Venezuela today There
are many citizens of the Netherlands in
Venezuela who under the new order of
things will be required to call upon
the consuls of some friendly govern
ment to perform necessary consular
functions, causing unnecessary incon-
venience and embarrassment Hollands
trade with Venezuela Is not very con-
siderable In the fiscal year 190607,
Venezuela imported from Holland
merchandise to the value Of s954,512,
while exports from Venezuela to Hol-
land were $1,925,453.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
Will Be Glad to Withdraw in
Order That New Haven Del
egation May Favor a
denomination.
MAY NOW is SIMPLE
But the Major Declines to Be Knocked
Out for Any Scheme of j. Henry
Roraback or the Honored
candy" Gates.

Major John @. Tilson who Is sum
mering at Clear Branch Tennessee,
and who has been put up for congress-
man-at-large as burnt offering in
flavor of the Billey schemes and In or
kder to knock Governor Woodruff out of
fthe contest has sent communication
Ito the organization leaders Of this city
(which disconcerts them to say the
fleast. While they were preparing liba-
4 @tions and llniments to go with the
Al sacrifice and had even started the fires
going, Major Tilson was put wise to
\ what was going on and sent letter to
friend in this city giving expression
to his views about as follows:
II will not stand In the way Of Gov
ernor Woodruff's nomination in any
way, and II he is a candidate for re-
nomination for governor, 1 will under
no conditions be a candidate for the
position of congressman -at-large. All
/ the support which would naturally go
to me for congressman-at-lar
would like to have go to the governor
for denomination.
This means that will withdraw &c
be out OF the way of Mr.. Woodruff.
will not be driven out Of the contest
however to favor any of the games Of
]. Henry Roraback or Andy Gates"
The text of the communication bore
only a resemblance to the above, but
the meaning was exactly the same. TIL,
major is too polite and too good poll
4 tician to speak of "the games of
n Henry Roraback and Of Andy Gates"
\ This letter, the contents Of which
Col Ullman was Immediately appriset
sent the plans Of the organization SIX,
high. Here was burnt offering re
fusing to be burnt, even after the liba
tions had been poured. And the rea
son would be to the general public th
best in the world.
The action Of Major Tilson in with
drawing from the race in order tha
Governor Woodruff may receive tn,
support Of the New Haven delegation
to the state convention Is learned witt
favor by the business men and the far
mers who want the present governor
for another term. Governor Wood
ruff's friends are bestirring themselves
and yesterday there were several mel
from different parts Of the state her
to confer with Judge f. c. Simpson
and F. G. Bushnell as to the manne
of campaign to be carried out. At tina
time the decision of Major Tilson wa
not generally known, but now that
is the matter is simplihed considera
bly,
Col Ullman can now see that he ha
the opportunity to do the state a ser
! vice. an opportunity which may neve
come to him again. Without fear Q
hurting Major Tilson he can have
Woodruff delegation sent to the stat
convention. Major Tilson, who by tn
way never had a ghost of a show fc
the nomination. will become more pol
ular, rather than going UP In smoke a
a burnt offering.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
FARMAN'S FLIGHT.
CHEERED TO ECHO
Englishman's Aeroplane Sails
on First Attempt to Undis-
guised Delight Of His
Rivals.
TEST AT BRIGHTON BEACH
Air Current from Powerful Propeller
Bowls Photographers Over and
Bends Willow Trees
Double.
TEST AT BRIGHTON BEACH

New York, July 3l.-Rising from the
ground like a giant bird and darling
through the air at express train speed.
Henry Farman's aeroplane, the inter-
esting heavier-than-a flying machine
he brought here from France to DEM
onstrate his ability to fly, made It's ini-
tial flight in this country late this
evening at Brighton Beach. 1t rose
from an especially prepared runway
at the will of the inventor and after
attaining a height Of twenty-five feet,
flew straight ahead on direct line,
finally alighting with exquisite grace
when the noted air pilot diminished the
motor power.
During the brief time in which the
aeroplane was sklmming over the CEN
ter field Of the race track, the few hum
dred spectators most of whom were
friends OF the inventor or rival aviators,
watched the flight with breathess in
terest. The instant the trim looking
machine landed, cheers rent the air
cheers far more enthusiastic and vocif-
erous than those OF race track crowd
Farman was surrounded and literally
huggod by the jubilant aeronauts
Members OF the Aero club of America
under whose auspices Farman will con-
duct his public flights at Brighton
wanted to carry the successful inven'
tor OFF the field on their shoulders.
There were skeptics In the crowd whc
would not believe until they saw ant
they watched the tuning up" Of tht
aeroplane In doubling silence. Far
mans mechanics rushed about gettinl
the shaped ship ready for th'
flight and when wires had been mad'
taught and the motor had been tested
! the ship was carried to the plank run
way near the field stand. Newspape
photographers crowded around tn
aeroplane to get pictures of the ma
| chine as 1t was about 10 make It's frs
flight In America and 1t was at thi
moment that Farman decided to max
another test OF the motor before flying
4 He instructed his French mechanic
in their native tongue to hold fast I
the aeroplane while he turned on tn
power. Instantly the propeller began I
revolve at the rate OF l,i00 revolution
a minute and a strong breeze was ere
ated The photographers were knoeke
fiat and kept PROSTATE on the groun
until the power was turned off. S
great was this air current that severa
willow trees were bent double. Far
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
OLD-AGE PENSION A LAW
Commons Bill Passed by House of
Lords-Irish Universities, Too,

London, July 31.--The old age pen
sions bill passed the house of lords
this afternoon In the form adopted by
the house of commons. The bill was
sent to the commons yesterday, and the
commons rejected the amendments
added by Lord Cromer and other mem
bers of the upper house.
The house of lords passed also the
Irish universities bill, so both measures
now are law.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
b. 4 M. NOT A COMPETITOR
Two Systems Operate in Dis
tinct Fields and Hence Mer-
ger Is Not in Restraint
of Trade-Answers
Other Allega-
tions.

Boston. July 3l.-A demurrer az
sweeping as legal phraseology could
make It and offering objection both to
the form and substance of the petition
was the answer filed today in the Unit
ed States circuit court here by the New
York, New Haven & Hartford Railroad
company as defendant in the action
brought against 1t by the United States
government. As filed, the demurrer is
In three parts, in the first of which
the New York, New Haven & Hartford
Railroad company appears as cor
poration In three states. In the Sec
ond part the New Haven road dcmurs
as having formerly been the Consoli-
dated Railroad company, Connecticut
company. Tne third part embraces
the demurrer Of the Providence securi-
ties company. The document concludes
with petition that the defendant be
given Judgment of the court wherever
1t shall be compelled to make any fur
ther answer to the petition. and prays
that 1t be dismissed with its costs
and charges in this behalf most wrong
fully sustained"
The main contention In each part OF
the demurrer, and all three parts are
practically Identical In many specinca..
tions, Is that petition Is uncertain In
its statements concerning alleged VIC.
lations Of the Interstate commerce act
This uncertainty is alleged to be
shown In that while the petition de-
clares that the holding of the stock
of the Boston q Maine railroad by the
New Havei road and the possibility Of
unified management" Is a restraint Of
trade in general and OF interstate com-
merce in particular, 1t fails to show
to what extent there exists competi-
tion between the respective railroad
systems and to what extent "unifed
or cooperative management Of these
systems would create advantages to
the public and an encouragement and
increase to interstate trade"
1t is pointed out that the New Ha-
ven road and the Boston & Maine road
are in the main not parallel, as the
petition AYERS, but are Systems and
net works Of railroads operating In dis
tinct fields" and that they compete
with one another only at a few sta
tions, at the most important Of which
equally or more effective competition
exists by the Boston & Albany railroad
or by water"
This main contention appears Arst
in the demurrer of the New Haven as
a tri-state corporation In another
form 1t is presented in that part Of
| ---- --------- --------- ---- ---------
fCoptfpunJ ~, Thtr1 lps 90 f
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
STRIKE IN ABEYANcE
Lackawanna SwItclmen VIII Probabl,
Be Ordered Out To-day.

Scranton, Pa, July 31.---Late to-
night the most reliable information
regarding the Delaware, Lackawanna
and Western railroad swtchmens
case is that statement will be issued
tomorrow, setting forth the employees
side Of the case and ordering strike
contingent upon the company persist
ing in refusing to treat further with
the grievance committee.
The refusal Of President Truesdale
to receive the committee has caused
an acute situation.
Grand Master Hawley and the
grievance committee are engaged to-
night in preparing statement. The
grand master would give no lnforma-
ton as to what would likely eventu-
ate.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
23 MINERS EMT0MBED
Twenty Are Finally Rescued and 9th
ers Are Probably Safe,

Fernie, 3 c., July 31.--Twenty-th three
men were buried this morning by a
cave-in in No. mine at Coal creek,
owned by the Crows Nest Pass Coal Co.
The work Of rescue was made dficult
by gas, but rescuing parties had TAX
ell out twenty men alive at o'clock
this afternoon, and the other three will
probably be rescued. Three men were
killed In this mine two months ago.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
"A LOCALIZED SWINDLE"
Phrase Applied by Supreme Court
Justice to Provident Company.

Boston, July 31.-The Provident
Securities and Banking company was
termed Almost a legallzed swindle"
by Justice Braley in the supreme
court to-day when he reserved decis-
ion on the petition for the allowance
Of the final account of the receivers.
The debts of the concern amount to
$274,000, 1t was stated in court, of
which amount $4,000 is due to de-
positors, while there Is but $4,000
with which to meet these claims.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
THE PAPERS ARE STOLEN
Robbers Of Vermont Towns General
Store Get $4,000 in Paper.

Middlebury, VT, July 31.--Armed
citizens Of this town and Bridgeport
(Vt.) have been securing the woods
all day in search of men who commit
ted a daring robbery at the general
store and postott1ce In Bridgeport,
kept by D. Fl. bennett by which
papers valued by their owners at $780,
900 were lost. Sometime between
midnight and dawn, the burglars
broke into Mr.. Dennett's safe, the
outer door of which had been left
open, and took away 1925 in cash and
stamps belonging to the postottice,
together with notes, mortgages,
checks life insurance policies and
other papers, negotiable and unne-
gotiable of a nominal value of $50 900
The papers had been left with the
postmaster for safe keeping by var
lous citizens.
A reward of $500 has been offered
by the townspeople of Bridgeport for
the capture of the thieves.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
KILLED BY TRAIN
Roger Ritch Planned Trip Home In
Near Future.

The body of the man who was killed
In West Haven yesterday afternoon
when he stepped from In back Of a
freight train right In front of an ex-
press train was identified late yester-
day as that of an Italian who residese
In Hill street this city and who Is
known by the name of Roger O, Ritch.
Ritch has a wife and two children In
Italy and 1t Is said he was planning
to go over to the home country In a
few months. He was trying to avoid
the freight train when the passenger
struck him. The tragedy occurred on
the line Of the Derby railroad In West
Haven. DR.. Barnett, medical exam
liner for the town Of Orange was called
and he decided that the death was
purely accidental. The body was bad
ly mangled.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
Continued on Third Page.)
SET HISMELF AFIRE
East Haven Lad Seriously Burned,
But VIII Recover.

GhsJ haven IHu SERIOUSLY buFneu,
But VIII Recover.
Yesterday noon Arthur DAILY, the
five-year-old son Of Mr.. and Mrs. Pat
rick DAILY Of High street, East Haven,
set himself afire and would doubtless
have been fatally burned had not his
sister heard his screams and thrown
water on him Immediately upon reach
ing him. The child was playing with
matches which Of course became ignit-
ed, setting fire to his clothing and be-
fore help reached him he was badly
burned about the neck, on his back,
arms and hands, the whole body in
fact being covered with bllsters. Dr.
Holbrook was called at once and the
little fellows burns were quickly
dressed. Late last night he was suf-
fering dreadfully, but the burns will
not prove fatal.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
WEATHER RECORD.

Washington, July S1.--Forecast for
Saturday and Sunday
For New England. Rain Saturday.
clearing sunday; increasing east to
nortseast winds.
For Eastern New York: Rain SAT-
urday, fair and cooler Sunday; brisk
to high east to northeast winds.
Observations at United States wealth.
er bureau stations taken at 8 p. m. yes
terday, seventy-fifth meridian time.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
LORD ROBERTS RECEIVERS
Frustrated by Heat, But VIII Continue
Canadian Trtp

Montreal, July 31,--Considerable con-
sternation has been caused by the an
nouncement that Field Marshal Lord
Roberts Of Kandahar has been pros
trated by the heat and that all engage
ments for today have been called off
Lord Roberts was slightly improved
this evening, and will be able to leave
for ottawa tomorrow morning as
planned.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
TO SETTLE HOSPITAL
Jewell Street Site Up for Second Read
Ing Monday.

The regular August meeting of the
board of aldermen will be held on Mon
day evening. at which time the Jewell
street site for the contagious disease
hospital will come up for a second
reading which will determine Its ac-
ceptance or rejection a hot fight is
expected on the matter before action
is taken. This appears to be the only
before the meeting inasmuch as the
committee, which has large business
before II, has not prepared any reports
for this meeting.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
ANOTHER LANDMARK FALLS
New YorlS's First Slkyscraper of Nine
Stores to Be Demolished.

New York, July 3l.---A thirty eight
story building Is to take the place OF
New York's first skyscraper structure,
known as the nine-stor Tower build
ing on Broadway, one block south Of
Wall street, which was put up twenty
years ago Until recent years 1t was a
landmark, being the clty's first tall
the new building is $3,475,0)0. The ex-
act height Is not stated, but reckoned
by stories, 1t will be second among the
downtown skyscrapers to the Singer
building.
The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-08-01
JOHN D. GIVES SIS 900.

Tarrytown, N. Y, July 31.--The treas
urer Of the Tarrytown hospital to-day
received a check for $4,000 from John
D. Rockefeller, that being his donation
to the building fund. Mr.. Rockefeller
made the giving of this amount con-
tingent up on the hospital raising $780,
600,