davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23

intended to promote commerce, to cipher
out before he can safely put anything
that he has into commerce, all the con-
fusing papers and figures that generally
make up tariff sheet! Plalnly not, IL
seems to us.
In support of this contention. the court
cites Bishops New Criminal Law" sec
ton 2S6:
Question of Intent.
Though it is true that large shippers
like the plaintiff in error do not usually
take the word of a carrier as to what
the rate is, but examine for themselves
the tariff sheet and have all the -knowl-
edge that is necessary to an Intelligent
examination, from which it might easily
follow that professions of ignorance on
the part of such shippers would stahu
on a different plane from the ordinary
shipper. IL does not on that account fol-
low that the ultimate question or IN
tent is not the same whether the SNIP
per be a large one or small one; for the
law is the same for all shippers and the
dutv devolving on the government is the
same, viz: That before conviction there
must be proof of all the facts upon
which the shippers offense is predicated-
Plain Case of Error.
''This view of what is essential to con-
stitute the offense makes 1t plain that
the trial court was in error. as mat
ter of law in the application to the case
of the shipper; as a matter OF principle
that the trial court applied in this case.
And this error is made all the palmer.
lifting il from what otherwise might be
considered a mere technical error, to the
level OF a real, substantial error, when
the exact nature of the so-calied tariffs
published and filed, relied upon by the
government as the lawful rate. are scru-
finized: and when the rate that the trial
court deciphered out of these papers is
COMPARED with admitted rates on other
roads for the same product and with the
admitted rates on the same road for a
like product The tariff sheet relied upon
as the lawful published rate filed with
the interstate commerce commission Is
tariff sheet No. "a OF the Chicago & St.
Louis Traffic association. and the first
thing to be noted is that this tariff
sheet makes no reference by name 10
petroleum or the products Of petroleum.
On the face OF that tariff sheet no Is
cent rate for petroleum or the products
of petroleum appears. The 1S-cent rate
was only arrived at by process OF cir
cunlocution: that IS to say, on the face
of these tariff sheets there was found
a printed line governed by the Illinois
classification. except as noted herein ;
thereby turning to a classification adopted
Continued on Page z.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
VISIONS OF S29,24O,0OO
FAST FADING FROM VIEW
Circuit Court of Appeals Reverses the Decision
of Judge Lands and Remands the
Case for New Trial.
Capital of Standard Oil Company to Be Increased by $780,
100000 So the Dividends Will Not Appear So LARGE

Chicago July 22FoIo"ns closely the
decision
Oil the Daily today
making capital stock
of $6oo,ooo,ooo.
There will year
about organizations
dends
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
SUMMONED BEFORE THE JUDGE.

Eureka. July 22.-Arthur Rowley and
Myrtle Steele were both arrested last
night at late hour and brought before
Judge D. A. Lindsay. charged with a
statutory offense. II is thought that the
charge will not be pushed against the
couple very far as they have made appli-
cation for a marriage license and the
ceremony will be performed tomorrow
when the charge against them will prob
ably be dismissed.
Judge c. c. Stiilman of the city court
has had busy week with petty cases.
and the city bastile has been full of these
minor offenders for the past few DAYS.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
HITCHCOCK TOLD THAT TAFT NEEDS
THE ENDORSEMENT OF MR.. ROOSEVELT

Denver. July 22.-Frank II. Hitchcock.
chairman of the Republican national COM
mttee arrived here tonight in an au-
tomobile from Colorado Springs and in
company with other members of his par
ty left Immediately on the 8 o'clock train
over the Burlington route for Chicago.
Upon his arrival there he will confer
with a number of political leaders from
the middle west states and arrange d
conference such as was had at Colorado
Springs to organize for the campaign In
the west.
The western politicians are very anx-
ious that Judge Taft visit this section at
an early day and they will make an
effort also to induce President Roosevelt
TO come west. They told Mr.. Hitchcock
that the Republican situation in the west
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23

would be greatly improved If the pres
ident would come out In a positive state
ment in favor of Judge Taft and give
assurances that the Republican candidate
for president unquestionabiy will carry
on the policies of the present administra-
ton. This is a matter they intend TO
bring to the attention of the president
and Judge Taft.
Ii is now certain that a great deal of
campaigning in the west will be done by
Senators Borah of Idaho. Long of Kansas.
LaFollette of Wisconsin and Dolliver of
Iowa. 1t is possible these men will be
kept In the western states practically all
of the time. 1t is expected here that
Senator Borah will be the western menu
Der of the executive committee Of tbs
national committee.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Forged Will In Girls Favor.

She then dropped the weapon at the
dead mans side. placed a forged will In
her own favor on his desk. together with
a noteof goodbye, also forged saving
that he feared to lose her love through
the revelations of a dishonorable liason.
In addition to these papers, the girl left
behind a package of forged letters pur-
porting to come from a woman in Italy
accusing Preffler of desertion and threat
ening to tell Crete everything
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
JOBS IN SIGHT.
(Snecial to The Herald.)

washington, July 22.-The civil service
commission has issued notice that exam
nations will be held at all important
cities in the west to secure clerks in the
forest service for duty at headquarters
of various national forests. The places
pay from $500 TO $1,000 per year There
are places to be filled in practically all
the national forests in the west.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
SALT LAKE STUDENTS.

Especial 70 The HeraId.J
Cambridge. Mass. July 22.-Among the
students at the Harvard summer school,
according to the roster just issued. are
the following: Joseph l.. Ducklos. Salt
Lake: Gregg Richards. Placerville. Idaho
Violet NJ. Whiteworth Salt Lake.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23

any such rate by any person or by the
examination of any document; and that
II was his understanding and belief
based on what he was told by one Hol-
lands, tariff clerk of the Alton railroad
that the rate over the Alton road was
cents. and that such rates had been
filed with the interstate commerce COM
mission.
Evidence Excluded by the Court.
Hollands. who was called by the gov
eminent, had previously testified that he
had no recollection of telling Bogardus
that the scent rate "a commodity rate)
had been filed with the interstate com
merce commission But, answering on his
voir dire. the jury being excused Hol-
lands further stated that he regarded
cents per 100 pounds as the oil rate
between Whiting and East st. Louis;
that he regarded a certain application
sheet, which covered Whiting at Chicago
rates, and the sheet for Chicago taken
together, as showing a 6-cent commodity
rate. that whenever he spoke of the
rate on this commodity between Whiting
and East st. Louis he had in mind those
papers. and that If he had been asked
by Bogardus or anybody else whether
there was rate between Whiting and
East St. Louis he would have answered
that there was. and that II was filed
and that such rate was cents; which
evidence thus proffered was excluded BY
the court, for the sole reason that as
a matter of fact, as the court mot the
jury found the fact to- be- the appliea--
ton sheet containing this scent commod-
ity rate had not been filed with the in
terstate commerce commission. Had the
court found as a fact that the sheet had
been so filed. or, submitting that ques-
ton to the jury, had the jury found that
that sheet had been so filed, the scent
rate given to Bogardus admittedly would
have been the lawful published rate.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
BEHEADED FOR
KILLING LOVER
Daughter of Mayor of Freiberg,
Sax0ny, PeriShes on the
Block.

Freiberg. Saxony, July 22s-Grete Beier
the 1S-year-old daughtsr of the mayor of
Freiberg. was beheaded last night some
time between dark and dawn. In punish
ment for the murder of the man to whom
she was engaged to be married The ex-
ecutioner reached the city last night. He
carried a box containing the AK with
which he did his work, and brought with
him also a suit of evening clothes. The
wearing or this garb is an Official re-
quirement of the sombre occasion. The
preparations for the execution at the
prison had been completed and the man
did his work quickly and privately and
departed The king of SaXony had re-
fused a pardon
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
MURDERERS
SURROUNDED
IN CEMETERY
DeSperadoes Who Shot Up
Boston Suburb Make DeS-
perate Fight.
NIGHT WATCHMAN DEAD;
MANY OTHERS WOUNDED
THREE HUNDRED HEAVILY
ARMED POLICEMEN TRYING
TO CAPTURE WRETcHEs.

Boston. July 22-Two desperadoes to-
day snOt and killed one man and shot ten
other persons. and are hiding in Forest
Hills cemetery. with 300 pS"ee surround
ing the burial grounds. u murderers
pursued by Policemen and rowd of cit
liens, fled for two miles, through the
thickly populated settlement of Jamaica
Plains. firing right and left. and disap-
peared in the woods near Franklin park.
The men are believed TO have been two
of the gang of three who robbed a saloon
in Jamaica Plains last night. after shoot
ing and killing one man and wounding
two others
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Villas. MORSE.

Madison. Wis. July 22.-William +. vi
las former senator and member of Pres
ident Cleveland's first cabinet. was re-
ported worse tonight
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Case Attracted Great Interest.

The personality of this young girl and
her thoughtfully arranged murder of her
fiance. a civil engineer named Preffler
attracted international interest. The So
cial position of her family was very good
and she became engaged to Herr Preffler
a rich young professional man. At her
trial she admitted that she visited her
frances house one evening. gave cyanide
of potassium in a drink she mixed for
him and then, to make sure of his death,
shot him in the mouth with his own re-
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
NEITHER WOULD
MAKE COMMENT
Both Bryan and Taft AppriSed
of the Standard Oil
Decision.
FORMER TALKS TO GROCERS
LATTER TAKES TRAIN FOR VISIT
TO ROOSEVELT.

Fairview. Neb.. July Pinot in some
time has news of such Importance
reached here as that concerning the an
nouncement from Chicago that the fine
of s2s.Ooo,Ooo imposed upon the Standard
Oil company by Judge Lands had been
set aside by the appellate court. w. j.
Bryan, when apprised of the decision,
seemed astonished and was eager TO know
the grounds upon which II was based.
He would not. however. permit himself
to be drawn into a discussion of the
case.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23

There are boats that mind the
helm and boats that don't. Those
that don't get holes knocked in
them sooner or later.--Elbert Hub
bard.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Notification Program.

1t is now reasonably certain that the
notification of Mr.. Bryan will occur on
the grounds of the state capitol. In
view of the large crowd expected, il was
concluded that the single car line out
to Fairview would be unable to cope with
the situation.
Mr.. Bryan is beginning to outline his
notification speech. He volunteered the
statement today that his speech would
not necessarily be devoted TO the plat
form entirely or that 1t would be in
cumbent upon him to enlarge upon that
instrument.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
More Evidence Shut Out.

THE court related that Bogardus was
Offered as a witness to prove that a
tariff describing a rate of 81 cents from
Whiting to East st. Louis was issued
by the Chicago & Eastern Illinois Rail-
road company, competing company, Oct.
3. 1895, and filed with the interstate COM
merce commission two days later; that
such tariff sheet was among the tariff
files in possession of the plaintiff in
error: and that the latter during the pc
Rod named shipped Hereunder a large
number of cars of petroleum and pro-
ducts at said rate; and that such rate
was equivalent to the shipper of the rate
of cents over the Alton, owing to
a of cent terminal charge, all of which
evidence was excluded was also the
offer of the tariff sheet itself, produced
from the files of the interstate commerce
commission. and an amendment thereto
filed in April, 1903.'
The opinion here includes Judge Lam
dis charge to the jury. in which the dis
trict Judge declares that to show thS>
the defendant accepted concession
knowingly it was not necessary to es-
tablish the defendant had actual knowl-
edge of the lawful rate.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
SOTHERN WILL
CONTEST SUIT
Actor Has No Intention of Let
ting His Wife Get a
Divorce.

Reno. July 22.-Edward III. Sothern will
contest his wife's suit for divorce, which
was filed in the district court yesterday
by her attorneys, Cheney, Massey &
Price. The fact that the case will be
contested was evinced when Seeds &
Harwood, the attorneys for Sothern, filed
in behalf of the actor a demurrer to
the complaint filed by his wife's attor-
neys yesterday.
The demurrer. like the complaint. is
a sealed document. and nothing could be
learned of the contents of the instrument
or on what grounds a contest will be
made. Owing to the fact that a demur-
rer has been filed it is probable that the
case will be placed on trial within
short time.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Circuit Court Does Not Concur.

At this phase of the case the opinion
of the court of appeals declares:
''In this Interpretation of the interstate
commerce law. 30 farsas II relates to ship
pers, We cannot concur. The cases cited
by the government, such as those requir-
ing liquor sellers at their peril TO know
whether the person to whom drink is
sold Is a minor or within the prohibition
of the act of not, are not controlling,
nor very persuasive. The interstate COM
merce act was intended to promote. not
10 restrain trade and commerce-to Sc
cure fair dealings in commerce through
uniformity, not to put distractions in the
way of commerce. Surely the farmer who
brings his produce to town to be shipped
to the city markets. or the small mer
chant shipping 10 the country, or the
householder who ships his furniture, werN
not meant by the interstate commerce
law to be guilty of having accepted con-
cesson merely because they took the
word of the carrier his agent as TO
what the rate was.
I'm this respect the shipper and the
carrier stand on different ground. The
carrier Is required by a separate pro-
vision of the law to establish and pub
lish rates and is forbidden to charge or
collect from the shipper rate greater
or less than such established and pub
lished rate. But is the ordinary shipper.
under any reasonable view of the stu
alton to which the law relates. thus
bound-bound at his peril. under the law
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Mystery in the Case.

Considerable mystery attends the move
ments OF the principals in the case. While
Mr.. SOthern has rooms at the Riverside
hotel, he could not be located. 1t is said
he is at Lake Tahoe, Cal, but this could
not be verified
It has been impossible to definitely learn
the whereabouts of Mrs. Sothern. She
was supposed to have been staying at
the Riverside hotel also. but if she
were she was registered under an as
sumed name. Many people claim to
have seen her on the streets of Reno.
but, according to Judge Massey, to his
knowledge she has never been here.
1t is understood the charge in the COM
plant is desertion.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Hundreds in Pursuit.

Across Washington street and along
New Keys street the robbers fled. with
hundreds of men pursuing, and soon dis
appeared i'm Franklin Park, shooting down
Officer Cox. who tried TO intercept them
near the park gate.
AS soon as possible a Gordon OF police
heavily armed with rifles and revolvers
was thrown about the park, while thou
sands of citizens gathered in the vi
cinity.
According to a small boy, who saw the
two men reloading their weapons in
sandhill near the park early in the even
ing each man carried three revolvers.
Patrolmen Mcmahon and Thompson
sighted the supposed Italians in the
neighborhood of the park late in the
evening and went down before their well
directed fire.
The police surrounded Forest Hill ceme-
terry after learning that the fugitives had
escaped from Franklin park Three hun
dred officers under the direction OF SUI
perintendent William ii. Pierce, were
strung around the outside of the ceme-
terry, while a hundred more. aided by cal
cium searchlights furnished by the fire
department. expored the interior. The
officers were confident that they had the
men surrounded there.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Night Waterman Dead.

Herbert +. Knox. night Waterman OF
the Forest Hills cemetery who was shot
in the abdomen by one OF the despera-
does, died at the hospital late tonight.
Mrs. Della Fallon is one of the most
seriously injured of tonight's victims She
was standing in front of her home with
her baby in her arms. when the two
men, pursued by crowd. came down
the street. AS they passed her. one of
them fired and the bullet entered her head
behind the right ear She was removed
10 the city hospital and cannot live
through The niphf
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Address Delivered.

This afternoon Mr.. Bryan was escorted
to Capital Beach by committee OF the
Grocers' & Butchers association, where
a picnic and barbecue is being held, and
here he delivered an address.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Concealed in Cemetery.

II is believed that the desperadoes lay
concealed in Calvary cemetery today
While the police -WsFe hunting for them,
on account of last nights bOld-up anu
robbery.
by hunger and fearing that they would
be surrounded by the police, who were
searching the neiShborhood. the two men
appeared on Charles street in Jamaica
Plains about dusk and proceeded TO shoot
up the town.
They looked like Italians and were
dressed. Some citizens who had
been assisting in the hunt for the rob-
berS saw the men and tried 10 intercept
them, whereupon the two began running.
and, win a revolver in each hand, fired
at every person in their path.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Dying in Hospital.

Edward Mcmahon. "A Dorchester patrol
man, received bullet in the abdomen
and is dying at Emerson hospital The
others injured are:
John Nolan shot i'm arm
Thomas Fleming, shot in hand.
Thomas Moore, street car conductor,
shot in leg.
Officer Cox. shot in ankle
Officer ingalls,, bullet in leg
Patrick McGinn, shot I'm the side
Michael Flynn, head erazed by bullet
Patrolman Thompson. shot in leg
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23
Streets Were Filled.

Throughout the residential district the
front porches of the houses were
thronged with people. while the streets
of the business section were filled with
the usual throngs. The appearance OF
the two desperate men shooting TO each
side as they ran and shouting as If crazy
caused a general stampede for cover.
Michael Flynn stopped to pick up
stone as he saw the men coming toward
him, and instantly one of them fired a
him, the bullet grazing his ear. Another
went through his hat.
AS the fugitives. running along Keys
street, reached Washington street. troll
ley car came along.
Hold Up, you - shouted one Of
the men. waving his revolver above his
head The motorman set the brakes. and
the conductor. Thomas Moore. jumped
off Instantly he became a target and
bullet entered his leg.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-23

The time to be courageous is
when courage is at premium
Mahin's Messenger.
The Southern farm gazette., 1908-08-08

tn" last day " Jul" t"rr appeared in the daily letter from
Trustee NJ White Of tho Mississippi NJ College. who also
Aamnus Of this Institution Columbus The letter
addressed Hon j. Association Mis-
~pp A. NJ College. Sarkvilc Presi
dent Gill; n heads
CATION" published pamphlet Mr. White all
should MI
White himself evidence
viii printed citizen Of the
who pubc-spited
TO help President
j. j. Gill; Starkyie. others
contribute should Immediately The should be In tho h"ns
public the end OF NIT
all facts arc
up
wi TO-
The Southern farm gazette., 1908-08-08

to tho
the position
cause President Hardy presumed to claim his wishes were law the
indeed be-
who ruling Missisppans he claims were
true but his presumpuous statements only blum When
invesgaon Govenor
personal letters should
passed the Board IN
executive session when executive session o,
that member Of
the board allowed to be
'ations that might might be en-
sendered II letters publicly drawn
evidence wrong Blu. many let
word Of complan
from member of the Board and this
made his for sessions
publish these the reader vii, hegn
the The c,oue that va.
could o why my wife and
refused tho right why the
clique have bitterly and
published political srend.hips
by eu'do''nx methods by means they command:
Either ashing
o Trustee"
board of 1t Of
shown by the fact ha,
that he the declaration ul after printed
clique presumes
consider themselves
preparing signed Board OF the las.
statement II tho HadyNoc prepared
Of
of their
either
be n
he
m"mt~r> know nothing about II Indicates
Th" n" the public
II III" College
vii! College all
not be thick
IA
coming to
Noel
aeancsee the OF
tho Colcgiat"
III" the that being repeated and
In all OF the state and the
Tho agitation
tho delay viii make SCIiERER.
The Southern farm gazette., 1908-08-08
THE FOREMOST MISSISSIPPI TROUBLE.

from
within the last eight
would
who is thor
College and the Board
and the College
the Of fix
fxedfor
have nothing of special Importance you Everything
smoothly.
truly"
Tensas gazette. [volume] (St. Joseph, La.) 1886-current, 1908-12-18

1t may be that milk which con
'orms to the established standards 10
the best kind of milk, though many
who have had experience deny that
1t is best for some purposes. But ma,
ture, insists the Boston Transcript,
will not be coerced. There is more
nourishment and less waste in bush
ell of fair sized potatoes than In q
bushel of small ones, but II the In.
fuences Of rain and sunshine have
been so unevenly distributed that only
small potatoes have grown we must
be content. No potato standard would
change the results and to prohibit
the sale of them Tould work general
hardship. The cases are not exactly
parallel, but it would perhaps be as
easy to override natural forces by leg.
islative enactment in one case as In
the other.