davidaulloa/AmericanStories huggingface dataset:
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
JUDGE GR0SSCUP REVERSED HIMSELF
IN STANDARD OIL COMPANY DECISION
Absurd and Illogical Conclusions of Circuit Court of Appeals
Shown in Governments Petition for Rehearin8. Decision
Opens Avenues of Rebatn9 Crime.

Chicago. Aug. 21.-The govern
ment's petition for q re-hearing by
the United States court OF appeals OF
the case against the Standard Oil
company of Indiana was filed today
and represents, 1t is authoritatively
stated, the Administrations attempt
to save the Elkins act and Interstate
commerce law from becoming futile.
The filing of the petition marked the
appearance of Attorney General
Bonaparte in the case, as we'll as THAI
of Frank B. Kellogg, who is special
assistant to the. attorney general. Be-
sides these two names, the petition is
signed by Edwin w. Sims, United
States district attorney at Chicago,
and Special Assistant James H. Will
kerson. both Of whom presented the
governments side of the case in the
original hearing before Judge Landis,
who administered the famous fine of
$29, 100000 against the defendant.
Although 1t is not specifically stated
In the petition 1t was agreed by the
counsel for the government in their
conference at Lenox, Mass. following
the reversal by the appellate court of
Judge Landis' decision, that II the
Interpretation of the law given by
Judges Grossup, Seaman and Baker,
were allowed to stand, the successful
prosecution Of rebate cases against
the corporations would be impossible
In the future. The lawyers at that
conference over which the attorney
general of the United States presided,
were a unit in expressing the opinion
that the reforms in rebate matters
brought about by the Roosevelt ad-
ministration would represent SO
much waste of time unless the upper
court can be convinced that it is in
error in its construction of the law.
An Injustice to Lands.
The indictment in the case was for
a violation of the Elkins act of Feb
ruary 10, 1903 making 1t a crime to
accept a concession whereby any
property Is transported, in interstate
commerce at less than the published
and filed rate
1t was proved at the trial that the
Chicago & Alton Railway company
transported to East st. Louis, Illinois
and st. Louis, Mo, 1892 carloads of
oil.
In all the dealings between shipper
and carrier each carload was treated
as distinct transaction and handled
as distinct piece of business.
The published and filed rates on this
business were eighteen cents per one
hundred pounds to East st. Louis and
nineteen and half cents to st. Louis.
The Standard Oil company actually
settled on the basis of six cents to
East st. Louis and seven and a half
cents to st. Louis.
These facts were admitted.
Violated Elkins Act.
The Standard Oil company inter-
posed the claim in defense that the
Elkins act was unconstitutional; that
the tariffs had not been posted in two
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
AWFUL ACT Of
YOUNG BRIDE
Leaped From Top Of Tower
Twelve Hundred Feet
Downward

Herrindorf, Prussia, Aug. 21-The
bride of q week of Prof. Rudolph
Splitter of Sternberg- rg-Mecklenberg-
Schwerin today threw herself from
the top of the Bismarck tower here,
falling 1900 feet to the bottom of the
cliffs upon which the tower is built.
The couple came here on their honey
moon. The woman left a note ad-
dressed to her husband, asking his
forgiveness and requesting that he
marry another woman with whom he
could be more happy. Prior to their
marriage the pair had been engaged
for ten years.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21

public places at the stations, and in
terposed many technical defenses.
On but single point involved in
the: trial up to the return of the ver-
dict Of guilty are the rulings of the
trial judge criticized by the court of
appeals. In all other particulars his
rulings are sustained.
The point on which the trial Judge
is reversed by the court of appeals
relates to his rulings on evidence and
his charge to the jury with reference
to ignorance on the part of the Stand
ard Oil company of the lawful rate as
defense.
The court of appeals in its opinion
has not correctly stated how the
judge ruled on this subject.
1t Is said in the opinion that he re-
fused to admit evidence to the effect
that the Standard Oil company did
not know what the lawful rate was.
The fact is. and, the record so shows,
that all evidence tending to show
ignorance on the part of the Standard
Oil company was admitted for the
consideration OF the jury.
This evidence was largely that of
the traffic manager of the Standard
Oil company, Bogardus, who swore to
a conversation with Hollands, the rate
clerk of the Alton, in which he said
Hollands told him that the rate had
been filed. The government met this
testimony by a great array of cir
cumstances which tended to disprove
it and the jury found in favor of the
government. 4
The trial Judge ruled that ignorancs ,
on the part of q shipper of what the
lawful rate was could be interposed
as defense, but that it would not
constitute a defense If it appeared
that the ignorance was the result of
neglect on the part Of the shipper or
of wilful failure on the part Of the
shipper to resort to the sources Of
information which were available.
The government contends that this
is the correct construction of the
statute ON this subject.
The court of appeals lays down the
rule that It is necessary for the gov
ernment to show 'peyond a reasonable
doubt, as part Of its case that the
shipper actually knew what the law
rul published and filed rate was.
Act Unconstitutional.
The government contends that this
Is an impossible rule; that it is con-
trary to the purpose of the Elkins
act; that it is contrary to the general
rule applicable in criminal cases; I;
that put into effect it would make of
the interstate commerce act "a mere
will-o'- '-the-wisp Of legislation, a
phantom statute, destitute of strength
or substance"
The government contends in the pc
tition that the court of appeals has
misstated not only the record as to
what evidence was admitted, but has
also misstated the construction which
the trial judge placed upon the
statute, and that for this reason there
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
POTATOES ON BUSH
The Same Plant Also Has the Tubers
At the Roots.

Waterbury, Conn.,, Aug. 21.-Some
experiments recently conducted sue
cessfully by Manuel Wilson of VOL
colt in which he raised potatoes un-
der and above the ground on the same
vine or bush are expected by its dis
coverer to revolutionize the potato in
dustry. New York city alone consumes
more than million bushels yearly.
Mr.. Wilson is known as an inventor
Of fertilizers and has won a name
as a farmer of wide information in
regard to vegetables. He has the new
potatoes growing above and below
ground, the one not in the least dim
inishing the other. Next year he plans
to go intensively into the culture Of
the bush variety. Mr.. Wilson says
the new potatoes will cut the cost of
tubers in half to poor people.
In future, the potato he says, will
be grown in the back yards, or in
doors like roses. a room growing
enough for small family. The new
product may be boiled in five minutes
and baked in eight minutes. The po-
tato is cross between the Beauty
of Hebron and the Delaware.
I'm order that this new hybrid may
be protected from the burning rays
OF the sun, nature has given it an ex-
ira thick skin," declares Mr.. Wilson.
1T is well known that such potato
without thick skin would be practic-
ally useless because of the strong
taste which underground potatoes aft
er being burned by the sun have.
Mine are finely favored and should
give the public the most ideal potato
we have ever yet had"
Mr.. Wilson is a follower of Luther
Burbanks. the Calofirnia hybridist.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
lice were unable to find the owner of
the bulldog.
Drags Child Downstairs.

Drags Child Downstairs.
Ellen Schatz. 2 years old, 426 Cly-
bourn avenue, was playing on the
porch of her home when a large New
foundland ran up the fight of ten
steps and attacked the child. AS the
baby screamed her mother ran from
the home and frightened the animal,
which clung to its human burden and
dragged the child down the stairs. At
the bottom step the dog released his
hold and ran down the street before
the arrival of police from the North
Halstad street station. The child's
right arm was broken and she was
bitten on the shoulder. DR.. A. Schauf-
mann, SO Sheffield avenue, attended
the victim.
Bites Boy on Arm.
Herman Weiss, II years old, $500
Halsted street, was bitten in the left
'rm by dog which had been pursued
for seevral blocks by police of the
Englewood station. Detective Downey
saw the animal which acted in an odd
manner, and he started to chase it.
The dog was running south in Hal
sted street when the boy crossed the
street at West 57th street in front of
the animal, which flew at his throat
He was knocked down, but warded
of the attack temporarily. The animal
fastened its teeth into his arm, how
ever, before it could be killed.
Gets Bite in the Hand.
Edward Christian, 10 years old, zoos
Washington avenue, was bitten in the
right hand by an animal owned by
Arthur Payne, 701 10th street. The
boy was passing the Payne home
when the dog ran out into the street
and attacked him. Police of the
Woodland station were notified, but
the animal was not killed.
Runs Out and Attacks Boy.
Joseph Konin, 8 years old, Oil Ash
land avenue, was walking in front Of
633 West 21st street with his mother
when bulldog ran out from between
two houses and bit him in the left leg.
The child was attended by police-am-
bulance physicians of the Hinman
street station.
Three Others Attacked.
Three adults who were also victims
of vicious dogs during the day were:
Delehanty, Corneliu, "a years old,
1860 Magnolia avenue; delivering gro
ceries at 1851 Windsor avenue and at
tackled by dog; bitten in right hand.
Dillon, Donald, 38 years old, 7425
Normal avenue; bitten in right leg by
dog while walking in front of 1888
Normal avenue.
Emmett, Thomas A., "a years old,
904 Rosemont avenue, salesman; Bit
ten in calf of leg by animal while
passing home of Joseph Ryan, 1867
Argyle avenue, owner of dog.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
ONE KILLED IN
BAD AUTO WRECK
Wreck Took Fire and Injured
Were Rescued With Much
Difficulty

Los Angeles, CAL, Aug. 21.-One
man was killed and two women and
two men were injured early today at
Wesley and West Jefferson streets
when the wheel of sixty horse
power auto gave way and the ma
chine turned turtle, pinning the oc-
cupants under the tonneau. An ex-
plosion followed which set fire to the
machine. 1t was with great difficulty
that the living occupants were saved
from death in the flames that con-
sumed the machine.
The dead are:
JOSEPH BOBBs, the chauffeur,
aged 26 years.
The injured are: Mrs. Gladys
Price, Mrs. Francis Wilson, L. NJ.
Ford and Charles Keen. all of Los
Angeles. The injured will recover.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21

and flve congressman, the entire dele
cation, will be won by the Democrats.
g. w. Swisher, secretary of state, Is
the present organization candidate for
governor and A. G. scherr, present
state audior, is the candidate OF the
'bolters. Since the state convention
was held every county In the state
holding convention has indorsed the
boilers. The Republican newspapers
Of the state are also with them in
large part.
Senator 8. B. Elkins, in interview,
.srra out for the regular ticket and
iCAy county convention with only
ISOa. gag votes next day in
dorse,s2ekn tiers and repudiated the
senator anal his colleague, N. B.
Scott. To make matters worse for the
congressman, Representative Joseph
Gaines was chairman of the so-called
regular convention. No compromise
will be discussed by either side, three
conferences having served to make
the situation worse rather than better.
The national committee has the settle
ment of the row on its hands with no
prospects at present OF getting any re-
suits.
Seems to Mean Contest by Foss.
Representative George e. Foss, who
contested with Albert ]. Hopkins in
the recent primaries for the latter's
seat In the United States senate is
said to have sent out letters to the Re-
publican legislatice nominees asking
them II 1t would be agreeable for him
to speak in their districts during the
fall campaign. This request was an
alyzed today to mean that Mr.. Foss in
tends carrying his contest to the legis-
lature, no candidate for senator hav-
ing received majority vote. Mr..
Foss was out Of the city today and no
verifcation Of the alleged letter
could be secured at his ONCE.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
CONGRESSIONAL
FIGHT ALONE
The Organization will Not Be
Affiliated With the Nation
al Committee

Chicago, Aug. 21.-Chatrman VIII
liam B. Mckinley, Vice Chairman
James A. Tawney of Minnesota, Speak
er Joseph g. Cannon and other Repub-
lican congressional leaders held a
conference at the Union League club
today to determine when and where
the Republican congressional head
quarters will be opened in Chicago.
Sites at the auditorium and the Grand
Pacific hotels were considered. The
general congressional situation was
also canvassed, and 1t was the unani-
nous verdict that headquarters must
be opened not later than September 1.
It became evident today that the Re-
publican congressional body Is not go
ing to submit to benefcent assimila-
ton by the national committee. Not
only will the congressional body at
tend to its own affairs, both political
and financial, but it's members are dis
posed to paddle their own canoe all
along the line except In the matter of
running literary bureau. It is said
that Chairman Mckinney might have
been treasurer Of the combined ma
tional and congressional, Committees
Adu uOS' ku0 CONGRESSIONAL lS6U0Eb
strenuously objected to mixing the
campaign funds.
Hasn't Agreed to Fund Publicity.
So far as known the congressional
committee has not agreed to publish
the names of its campaign fund do
nors and II is understood, that policy
Of campaign fund publicity which will
be practiced by the national commit
tee meets with little favor among the
congressional leaders and, in fact,
among many OF the old party liners
outside Of both committees. The pol
10y is said to be particularly embar-
RAISING to many of the subsidiary
party organizations not only In the
national field, but In many states and
cities as we'll. The number Of these
organisations which will collect and
GSburse their own campaign funds.
q said to be worrying the national
committee.
Worried About West Virginia.
One Of the situations which was
discussed at great length By the con-
greasional leaders today was that re-
laking to the state Of West Virginia.
Party leaders there predict that un-
less the factional row Ii that state
b settled shortly the electoral vote.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
BAD FIRE AT AYR
North Dakota Town Suffered q BIB
Loss This Morning

Fargo N. D., Aug. 21-Ffre this
morning at Ayr, Cass county, did a
total damage of aboue $4,000. The
postoffice, blacksmith shop and sev-
eral other places were destroyed. A
concrete building stopped the prog
ress of the flames or the entire town
would very likely have been Destroy
ed. The origin of the fire is un-
known.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
DOMESTIC TROUBLE.

San Francisco. Aug. 21.-Domestic
trouble followed by divorce suit
filed by her husband led Mrs. Julia
Couchot to commit suicide by taking
carbolic acid at her home, 1S41 Green
street.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
BRYAN HAPPY,

Des Moines. Ia, Aug. 21.-W. j.
Bryan reached Des ,Moines at 4:30 a..
m, two hours behind the schedule
time. Although he had worked far
into the night at Lincoln preparing
for his departure, he stepped from the
train at the Rock Island station fresh
and happy. He was met by a large
crowd.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
SOLDIERS SICK

Dale Creek. Wyo.. Aug. 21-Three
soldiers Of the TwenN-hrst hnfall-
try, U. 8. A., are dead of dysentry at
Camp Emmett Crawford and others
In the same regiment are iii Of ty-
phoid fever. Poor water ID said %
be the cause.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
STRIKE BREAKING
Several Strikers :. Returning to G, r.
R, Shops for Work

Il. Shops for Work
Montreal, Aug. 21-At the office Of
the Canadian Pacific railway today
1t was said that twelve striking ma
chinists and boiler makers applied
for reinstatement this morning and
that in all eighty machinists were
put to work today.
William Cross. formerly assistant
to Second Vice President Whyte of
the Canadian Pacific, left today for
Liverpool to assist in establishing en-
ployment agencies in England for
men to replace the strikers.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-08-21
YOWAN DEAD

George r. Esterbrook Of MarshalltOwn
Victim Of Brain HemorrhaSe
i Marshalltown, aIowa,-Apk. "a Geo.
r. Esterbrook, for five years a.imehn-
ber Of the state republican central
committee from thex Fifth district, ;a
prominent Iowa Republican and Sec
retary of the Fisher governor CAM
.paign, died suddenly today Of hemor-
rhage Of the brain.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-11-13
INDIANS LEAVE NAMES.

The Indian has left an indelibIe
upon the land over which he
formerly roamed as proprietor
Twenty two states and two terri
tories have Indian names. Most
of the rivers, four of the great
lakes, over a dozen large cities
and innumcrable small lakes,
streams and villages are similarly
named. The memory of the alb
original Inhabitants of the country
has been highly honored in this
respect. The ancient home of
almost every tribe can be told by
the name which the region now
pveservcs.-New North.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-11-13
SHIPS BUILT OF CONCRETE.
Even Reinforced Concrete Arnaor May
Be a Possibility.

Reinforced concrete has actually
been employed in shipbuilding. In the
first Paris exposition, in 1855, small
boat made of reinforced concrete was
exhibited by Lambot. This vessel,
which was constructed of wire netting
covered with cement, is still afioat and
will soon be installed in a technical
museum.
In 1896 Gabellini of Rome built an
experimental vessel of reinforced con-
crete, which is still in service on the
Tiber and in excellent condition. The
same firm has since constructed
large number of concrete bridge pom
toons.
An Italian engineer has been led by
the success of concrete land fortifica-
ton, as revealed in the Russian-Japa-
nese war, to construct ar1nor plates Of
reinforced concrete covered with thin
plates of steel as a protection against
the immediate effects of the impact Of
shells
The substitution of reinforced con-
crete for steel armor on a first-cfass
battle-ship would effect a considerable
saving. The practicability of the sub
stitution will be decided by the results
of experiments, soon to be made on
the effect of shots on the reinforced
concrete plate.-Chicago News.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-11-13
CAPTURES RUNAWAY ENGINE.
How PIucky Engineer Overlook His
Locomotive on an English Railway.

One of the finest stories in the his
tory Of the English railways centers
round a runaway engine on the Stock
ton & Darlington line.
The engine was observed by the
driver of another and more powerful
one. Seeing the fugitive speeding in
the direction of Darlington, he I'M
coupled his own engine, crossed the
points and set out in pursuit on the
same line. 1t was long chase, but
the pursuer, driven at top speed, grad
ua1ly ove-seuled The runaway.
At last it came near enough for the
driver to crawl to the front of his en-
CINE and drop stout chain over the
tender hook of the other He returned
20 his f0otplate, shut off steam, and
screwed down his brake.
This steadied the one in front and
SO retarded its pace that the driver
was able now to creep from his own
engine on to the runaway, put on the
brake and bring it to a standstill, al
most in the crowded Darlington sta
ton.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-11-13
A Cowhov's Breakfast.

T. B. Sweet. a Topeka capitalist,
stopped at Abilene in the early days
at the best hotel in the city, relates
the Kansas City Journal He asked for
his breakfast The walters took no
special notice of his appearance, or
at least did not guess that his appe-
tite was different from the average
patrons.
Give me some eggs" said Mr..
Sweet, and waited.
In a little while the waitress came
back In bowl she had full dozen
eggs, all hard boiled.
Sweet gasped and ate what he
could, protesting that she had brought
him too many and that ne didn't
just know how hard boiled eggs would
strike him for his first meal of the
day.
"Why, that's a regular cowboys
breakfast" responded the waitress.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-11-13
Well Answered,

The captain of a schooner that
trades between New York and Savan-
nah is noted for his wit, declares the
Philadelphia Public Ledger, and on
every occasion that offers he looses
his shafts of humor, to the chagrin
and embarrassment of it's target. Soon
er or later the stinger gets stung, and
this chronic pun artist is no exception
to the rule.
On one occasion, when about two
days out from New York, he APP
preached a group of sailors who were
washing the forward deck, and sim
Cling out a big, raw-boned Irish
man who was experiencing his first
taste of sailors life, he gravely asked:
Can you steer the main mast down
the forecastle stairs?" Quick as a
flash came the reply: ''Yis, sor; l can,
if you will stand below and coil it up"
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-11-13
Women in Journalism.

Ellen Farley writes in the Bohe-
milan Magazine on Women in Jour
nalism." In her opinion, no woman
should enter the profession who has
0ot, in addition to journalistic talents,
health, determination, and strength
IF character. For the woman adapt
ed to the work, however, there is en-
Iargament of the spirit in the news
gaDer world. Of course, her life is
cot ali laxative prima donnas and
~CCG-natured literary men.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-11-13
The Rev. Irl R. Hicks Almanac

For 1909, ready Nov. IS, 1908,
best ever sent out, beautiful COW
ers in colors, fine portrait of Prof.
Hicks in coIors, all the old feat
ures and several new ones in the
book. The best astronomical
year book and the only one con
tanning the original clicks Wealth
er Forecasts" BY mail CSC, on
news stands soc. One copy free
with WORD AND Works, the best
81, Monthly in America. Dis
counts on almanacs in quantities.
Agents wanted. WORD AND Works
PUB. Co., 22oI Locust Street, St,
Louis, Mo. Every citizen owes it
to himself, to his fellows and to
Prof. Hicks to possess the Hicks
forecasts, the only reliable.
Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-11-13
Retrihutive Justice.

A case of retributive justice. as far
is it goes, is reported from Paris. An
attendant at the Andra hospital, where
physiological investigations are being
made, discovered that dozen rabbits
had been stolen from their hutches.
The loss of the rabbits themselves
was not a source Of trouble to the au-
thorities, but the fact that they had
peen inoculated with various germs
has had disturbing effect 1t is
known that the rabbits had all been
noculated, and several of them were
|tuberculous or typhoid subjects. The
police lost no time in warning the
thieves of the dangerous nature of
their "swag," but none OF the rabbits
was returned,