davidaulloa/AmericanStories huggingface dataset:
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

Charged in Complaint That the Stat
ute Is Not Being Enforced Fairly,
but That Certain Railroads Whose
Officials Had Criticised the Commits
sion Are Picked Out for Persistent
Attack.
Chicago, Nov. 12.-The railroads are
trying to curtail the power which the
interstate commerce commission is as
suming in the administration of the
safety appliance law. Before Judges
Grosscup, Baker and Seaman the Wa
bash road and other roads which have
recently been fined by the federal
courts for violations presented argu-
ments on appeals from the judgment
of the courts in which the cases were
originally heard.
The contention of the railroads is
that the commission has no power to
order safety appliances upon engines
and equipment which are not used in
interstate traffic. They therefore de-.
sired to be relieved of the commits
sion's supervision and regulation in
so far as it is being applied to equip
ment and power which does not &C.
tually apply between the various
states.
Although power and equipment used
in freight yards, cannot be said to be
strictly engaged in Interstate COM
merce the contention of the govern
ment lawyers is that they are an ef
sential adjunct of interstate COM
merce. Although it did not 50 appear
in the arguments of counsel it is
stated that the railroads are
contesting the Fines Imposed
because they believe that the inter.
state commerce commission is unjust
in it's enforcement of the law. The
railroads, according to several operat-
ing officials, would be perfectly will
ing to submit all their cars and equip
ment to the jurisdiction and super
vision of the commission, provided
the law was being enforced fairly. It
is claimed, however, that the inspec-
tors of the commission are nearly all
former railway employees, who are
members of the various labor unions,
and that they are purposely hunting
up technical violations of the law and
violations which operate to the injury
of none.
It is even claimed that the attack
upon certain railroads whose officials
have been free in their criticism of
the acts of the commission has been
persistent. Up to the present time it
has been the custom of the railroads
to plead guilty when the violations
have been technical and throw them
selves upon the mercy of the court.
Persistent fines, however, in such
cases, the court apparently having no
discretion in the matter, have deter
mined the railroads to resist the as
sumption of such extensive power by
the commission
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
PLAN TO NULLlFY ELECTION

chamberlain May Be Defeated for
r. Oregon senatorship.
Portland, Ore, Nov. 12-What is.
probably the long looked for scheme
to nullify the popular nomination of
Governor George E. Chamberlain,
Democrat, by a Republican electorate
commanding about $4,000 majority in
this state, has, it is thought, mate
rallied.
Fifty-one Of the legislators who will
participate In the coming session Of
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
Musical. Recital,

Miss Dickinson and pupils are
planning a musical recital to be
given in the City Opera House
Monday evening, November 10.
Miss Dickinson has secured several
local people who will take part in
this entertainment, among whom
are Miss Hanson, E. H. Jerrard
and Mr.. Rood.
The school Glee Club, which is
being trained by Miss Hanson, and
the teachers quartette, will also take
part. Admission Csc. No reserved
seats.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

the next legislature, which VIII elect
United States senator, are bound by
statement No. L." a pledge that the
legislator will support for United
States senator the nominee receiving
the highest number of votes at the
last previous general election.
The plan is to circulate for sigma
ture by the electors throughout the
state documents absolving the legis
lators who signed the pledge from ad
herring to their promise. The views
of the promoters are expressed by
the following statement made by one
of them:
eve are convinced that a state
which gave Taft plurality of nearly
$4,000 does not want a Democratic
United States senator"
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
BemidJi High Plays Saturday.

The Benidji High School Foot.
ball Team will play a game in this
city Saturday afternoon against the
Grand Rapids High School Eleven.
the 1907 champions of Northern
Minnesota. -
The game will be played at the
Down Town Park at $3.50 .. m.
Fuller particulars of the game,
together with the lineup of the two
elvens, will be given in tomorow's
Pioneer.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
Hatcher Interested IN Company.

The Rum River Lumber company
is-a new retail lumber concern which
was recently organized, and Of
which All Hatcher, the well-known
logger IS q heavy stockholder.
Annotated with Mr.. Hatcher are
G. Il, Chase and a. H: Fox, Of
Anoka, and they will put in. retail
lumber yards at all points in north.
ern, Minnesota where il is, possible
to do 50. The company intends to
put in sash and door factory at
Anoka, in the near futnre. ;.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
Cord Wood Wanted.

Sealed bids will be received by the
City Council for so cords Of good
sound Jack Pine or Tamarack foul
foot, sawed ends to be-. dry anc
seasoned, bids will be opened before
council on 10th inst. : Council
reserves right to reject any or al
bids. Wood to be delivered and
measured at city hall. :, 49,:
49,: Thomas Maloy,
3 City Clerk.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
RESCUED BY ARMED POSSE
Moonshiner Who Had Been Arrested
by Deputy Sheriff.

Lexington, KY, Nov. 12.-According
to a report received here from Louisa,
KY, e. posse of armed men from
Wayne county, w. Va, invaded Law
renee county, KY, took suspected
moonshiner from Kentucky officers
who had him in charge and are now
hiding in the West Virginia noun
tains, defying arrest by state and fed
eral authorities. Deputy United
States Marshal Davis of West Vir-
ginia was after Vinson, who fed into
Lawrence county, Ky. The deputy
sheriff there captured him and start
ed for Louisa, but WILSON'S friends
held the officer up and rescued the
prisoner, riding from Kentucky to
West Virginia.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

Bemidji people, and, everything con
sidered, the company has done very
well.
An estimate of the amount of tim
Der cut by the two mills cannot be
given, but both were kept saving,
night and day, for the entire season,
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
Rains Extinguish Fires.

Charleston, w. Va, Nov. ia
heavy rain that passed over the Kama
wha valley has done more to extin-
guish the forest fires than all other
efforts and all danger is now consid-
cred over. No detailed reports have
been received as to the amount of
damage done.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
Slayer at AGE of .Eiqhty-four.

.ET9Tty1I0uT'
Vtroqua, Wis.,, Nov. 12.-1n a fit of
: insane jealousy Eland Olson, aged
eighty-four, killed his wife, aged
, eighty-three, with an. axe and then
attempted suicide Olson on fire.
quent occasions recently, it is report
ed, had upbraided his wife, claiming
she was receiving attentions from a
farmland. The husband cannot re.
cover,
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
Notice to Public.

I am. now prepared to do all
kinds of work in the taxidermy line.
Mr.. John Moak, who has had fit.
teen years. experience in this work,
will have charge of the work may
receive.
Mrs. Henry Buenther,
800 Bemidji avenue.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
Lemon, Chocolate. Custard

PIE' preparation which are creating 50
much favorable comment everywhere. Each
package Is put up according to the strictest
Pure Food Laws. 1t does not require an TX
perlenced cook to make good piesfrom" r.
PIE just the proper proportions of all
ingredients are in the package ready for
your immediate use At grocers. 10 cents.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

FOR RENT-A good 7-room house
with or without barn. 623 Miss
issippi avenue.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

Club Dance Thursday Night
The Bemidji Dancing Club will
give regular dance at the Masonic
hall Thursday evening (tomorrow).
Music will start at $50.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

FOR SALE-Saloon and restau-
rant located at Gemmel, MINI.
For particulars write Mary Rofial,
Gemmell MINI.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

FOR SALE-Rubber stamps. The
Pioneer will procure any kind of
rubber stamp for you an short
notice.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

FOR RENT-Steam-heated, unfur-
nished room, with bath. Apply to
E. E. Gearlds.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
MISCELLANEOUS,

MISCELLANEOUS.
PUBLIC LIBRARY-Open Tues
days, Thursdays and Saturdays
2:30 to E p. M, and Saturday
evening 7:3O to 9 p. m. also.
Library in basement of Court
House. Mrs. Harriet Campbell
librarian.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

FOR SALE-$97.5O Oliver type
writer, good as new. Will sell for
$4,000. Bemidji Music House.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

WANTED-Table boarders. Board
by the day or week. S. E. Pan
chot, over the Model Bakery.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

WANTED Washing done at rea-
sonable prices. Corner 18th
street and Park avenue,
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
FOR SALE.

FOR SALE-Will sell cheap or
exchange for lumber, posts or
building material, one 26-horse-
power advance engine, in good
running order. Address The H.
N. Tucker Co., Courtney, N. D.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

FOR RENT-Seven room house.
700 America avenue. Inquire of
J. P. Omich.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
FOR RENT.

FOR RENT-Two we'll furnished
and we'll heated rooms. Inquire
500 Bemidji avenue.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
v 4 n IS
ONE CENT A ORD.
HELP WANTED.

WANTED-A good girl for general
Homework. Inquire 419, Mime
sofa avenue,
WANTED-Chamber Maid; at the
Hotel Brinkman.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12

WANTED-Good roll top desk.
Inquire at Pioneer office.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-11-12
.CURTA|L POWER
OF COMMISSION
Railroads Appeal to Courts
for Relief.
!: SAFETY ). APPLIANCE LAW

Charged in Complaint That the Stat
ute Is Not Being Enforced Fairly,
but That Certain Railroads Whose
Officials Had Criticised the Commits
sion Are Picked Out for Persistent
Attach
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
Government by Judicial Construction

Port Byron, Ill, May 14-Editor
Argus: 1t has been pointed out that
the election this year is of unusual
Importance, because the president
elect will have power virtually to re.
constitute the United States supreme
court That is to say, an unusual
number of vacancies win occur within
the next four years; and thus the
president will, almost to certainty,
appoint enough new judges to consti-
tIte majority of the court. 1t goes
without saying that the president will
probably appoint judges who are sub.
stantially in accord with his views
and thus the complexion of the SUI
preme court becomes the grand prize
III the game of politics.
] call attention to this not as COM
parison of the various aspirants to
that high office, but a straw showing
now the wind blows in the develop
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15

nlent of our political system. We have
lad, and still have. able, upright, pa
triotic men IN these responsible posi-
tons; but what of the future?
IL becomes every day more and
more apparent as the stress of battle
|deepens that the campaign of 1908 is
10 be fought out on comparatively
new lines. The old issues are being
pushed aside; and though the familiar
names are still heard they are acquir-
ing a new significance. There is prac-
'tically but one issue before the people.
/ do not need to name it.
The theory of our government i'm
plies three independent coordinate de-
I.artments, each performing separate
functions and carrying diverse respon-
sibilities. Being appointed in different
constituencies, it was supposed that
these departments, would hold each
ether in check, and that the resultant
of this three-headed organism would
be comparatively safe government.
However, this ideal may have been
realized in the past, the time is ,ap-
preaching when a new test and strain
Is to be endured-the test and strain
CT judicial supremacy. The courts not
orly expound the statute law, declar-
ing its intent and determining wheth-
er it agrees with or contradicts the or
ganic law, but they also interpret the
constitution itself, assuming to under
stand the intent of its authors, and to
decide how they would have applied
it's principles in cases that have now
arisen, but of which they (the authors
Of the constitution never had the re-
hottest conception
Therefore. the power of the courts
is being greatly enlarged. The court
decisions, in so far as they are con-
slstent with themselves, constitute a
Eody of organic law. More extensive
and not less authoritative than the
constitution itself. In the numerous
cases constantly arising that are not
expressly provided for in the constitu-
ton is being amended by judicial
construction method more conven-
lent than that provided in the instru-
ment itself and in which the people
have absolute no voice, and thus an
other constitution may be built up,
which may or may not safeguard the
liberties of the people.
Indeed, court decisions are some
times reversed, though not very often
a decision of the United States SUI
rreme court Judges are impeached
sometimes, but judge on the United
States supreme court has not been re
moved from office in this manner, 10,
these many years Whenever the adj
herents of any given policy, political,
industrial, financial, secure control
both of the court and of the appoint
ing power, the court becomes die
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
The Family.
(Second Avenue, East of Nineteenth
Street.) D.
Vaudeville at 3, 8 and 9:15 p. m.

At Burtis Tonight.-The last scene
of Caught In the RAIN" William Col
liers new farce which comes to the
Burtis, Davenport, tonight, makes one
think of Remington picture minus
the Indian. This scene shows us the
reception hall in hunting and fishing
club in the Rockies. The room is dec
orated with trophies of the chase, and
the chandeliers, made of horn, will be
sure to attract much attention. Aside
from the funny situations and lines,
realism is everywhere in evidence in
Caught In the Rain" The real rain
storm in the first act was the talk of
New York all last season. The COM
pany supporting Mr.. Collier is of ex-
ceptional merit. 1t includes Albert
Perry, John Saville, Reginald Mason,
W. H. Post, Thomas Martin, Thomas
Beauregard. Charles Poore, Emmett n
Whitney, John Adam, Thomas Lennon
Max Esberg, All Sam, Ellen Mortimer
Helena Collier-G arrick, Jane Laurel
and Anne Bradley.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
The Theaters
The Illinois.

(Sixteenth Street and Second Avenue.)
COMING ATTRACTIONS.
june g. commencement Exercises,
High School.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15

tatorship SO far removed from the peo-
lple as to be virtually irresponsible.
How far we may have gone in this
direction we do not care to Inquire.
The simple possibility is sufficient to
invite us to seek remedy.
Two suggestions may be offered.
First, the election of United States
Judges by population vote. To this
there are serious objections
Another is that the tenure of Office
Iof United States supreme court judges
shall be limited, say to 10 or - years,
and ineligible to reappointment; that
they shall be divided into classes, and
that two or three shall retire at reg
iular intervals, so that the membership
eff the court shall be changed gradu-
Tally and Systematically, thus eliminat-
ing the present suggestive possibility.
In some such way the people may be
able to make their voice heard even
by that august tribunal, the United
States supreme court
Two other considerations lend adj
ditional Importance to this discussion.
We sometimes hear of government
by injunction" The possibility of the
abuse of this power is greatly in
creased as the judges find themselves
less and less dependent upon the pop
ular WILL 1t is time to attach some
definite limits to the powers of the
courts in regard to injunctions and
cases of contempt
Again, the conflict of jurisdiction be
tween state and federal courts sug-
sests some unpleasant possibilities.
Recent decisions, notably the North
Carolina and Minnesota railroad rate
cases, indicate the trend of affairs.
While layman cannot be expected to
grasp the technicalities on which these
ecisions rest. yet one foundation fact
stands out plainly, the disposition of
the federal courts to assert authority
over the state courts in matters that
are plainly and entirely local. Thus,
by an elastic construction of the in
terstate commerce clause of the federal
constitution, it is made to cover all
the business of a transportation conf
pany whose route crosses a state line
even when the business originates
ard terminates within the limits of
| the same state. And the federal
courts assume to punish state officials
who may attempt to enforce state
laws applying to this domestic bust
ness.
Another proposed elastic construc-
tom is to declare all routes of trans
portation over which the United States
mails are carried post roads" and 10
make them and all the business trans
acted upon them subject to federal
control, removing it entirely from the
| jurisdiction of the state.
These examples~are quoted only TO
indicate the direction whittier we are
drifting. The situation demands care
| full thought.
JOHN G. OSBORN.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
RECORD OF COURT HOUSE
Real Estate Transfers.

Joseph E. Bodeen to Grant e. Biggs,
part outlot 81, Sc IA, see. Sc, Is. 2w,
$325.
w. E. Kemble to Julius j. Claude,
tract Sc IA. NV Ia, sec. 6, II, 1w, $500.
j. w. Simonson to Ethel Kimmis,
lot II, and so feet, lot II, Belcher
& Sigworth's add. to Port Byron. $40.
Louis Mosenfelder to Emily Moeller,
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
CONCERT WELL ATTENDED
Entertainment for Edgewood Baptist
Church Proves a Success.

The concert given under the aus
pices of the Ladies' Aid society of the
Edgewood Baptist church last evening
at the church was well attended. The
program was carried out as printed in
! The Argus. with the exception of the
Murphy sisters quartet, and every
number was excelfently rendered. The
proceeds from the concert will be used
/, for the benefit of the church.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
ADJUSTMENTS.
Family Theater
UNDER NEW MANAGEMENT.
3 Shows DaiIy-3. 8, 9:15.

8 Shows DaiIy-3. 8, 9:15.
THE COWBOY QUARTET - Special
Scenery and Electrical Effects.
EARL GILLIAN The Laugh Pro-
ducing Comedian.
NICHOLS AND SMITH-Comedy BIZ
cycle Artists.
EDWARDS AND GLENWOOD-Slack
Wire and Revolving Ladders.
RAY w. FAN-Singing Where the
River Shannon Flows"
CAMERAGRAPH Showing The
James Boys in Missouri"
Tonisht-Amateu Night, 1oc and
zoe.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
Valued Same as Gold.

B. G. Stewart. merchant of Cedar
View, Miss, says: 81 tell my custom
ers when they buy box of DR.. Kings
New Life Pills they get the worth of
that much gold in weight, if afflicted
with constipation. malaria or bilious.
ness" Sold under guarantee at all
druggists. 25 cents.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15

lot G, block 8. Long View Heights
add. Rock Island, $317.75.
Lewis Roofing company to Thomas
E Sine, part outlot 1. John Stapp's
add. to Rock Island, ST.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
For stomach troubles hilir

For stomach troubles, biliousness
and constipation try Chamberlain's
Stomach and Liver Tablets. Many re-
rlarkabie cures have been Effected by
them. Price, 25 cents. Samples free.
For sale by all druggists.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-05-15
The Elite.

The Elite.
eighteenth Street, North of Second
Avenue)
Vaudeville mt B, 8 and 9;15 p. M.
Los Angeles herald., 1908-10-10
sradstreet's Review

NEW YORK. Oct s-Bradstreets tomor'
row will say:
Although the trade reports are somewhat
irregular in character, owing largely te
varying weather conditions In different sec
tions OF the country, the uncertainties caused
by impending elections the general under
tone Is toward sustained improvement
Country trade has been comparatively. quiet
because farmers have been taking advan'
tage of the ideal weather to complete theii
harvesting.
However, the heavy marketing of crops
has made for an increased railway tonnage
and improved collections. while exports ol
wheat are heavy. Iron and steel are quiet
impending elections being deterrent in
nuence. but production is increasing in an,
ticipation of forthcoming good business, ano
there is more doing In other Industrial lines
There is less industrial idleness and In
some Instances business is developing for the
first quarter of 1909, especially in shoes
lumber and pig iron.
The pig iron production for September
exceeded that Of August by AZ per cent
and Il was the heaviest total recorded since
November last, while 1t represents an In
crease OF Sb per cent over January. lsOs
However, the decrease from September, 1901
reaches 35 Der cent.
Business failures in the United States for
the week ending october number 25s
against 235 last week. 1872 in the like week
of 1907, 192 In 1906, 1S3 in 1905 and 100 In
1904.
Business failures for the week in Canada
number 81, against SO last week. and "a in
this week Of 1897.
Wheaf.s inoluding -four, shipments from
the United States and Canada for the week
ending October s. aggregated 5,e52,S52
bushels against 6.473.325 last week. and
6,2e5,2e2 this week last year. For the
fifteen weeks ending October this year
exports were 57,T64,789 bushels, against
5s.674.S14 in the same period of last year