davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1908-03-11


ing books at all without doing what is
alleged; that is. without Offering 70 Sew
eral persons to make bets at stated odds
and taking and recording thoi- bets.
Whether the case would be changed at
all by an allegation that he was doing
this with any and all persons who cared
10 bet need not perhaps be considered
since It is not alleged. It would seem,
however 70 be narrow position TO
take. that the law says:
You may make books, but you must
not make them with everybody who
comes along. You may make books and
you may make them with more than one
person. but You must not make them
generally
1T would rather seem that the dis
llnctlon between the making Of books
which Is lawful. and the setting up Of
such making. which is unlawful. If IL
IS 10 be maintained al all. should be
looked for in such circumstances as
those which were held TO be determine
tive IN the Klein case and the Davis
case. II may not be necessary to say
that boOkmaking cannot be set up exc
cept IN 4Xed and immOyable structure
or place, that 10 might not be set up
IN travelling booth, nor even that such
a moving structure might not be q
place within the meaning Of the stat
ute But It does seem clear that there
must be something more tangible and
substantial than the mere fact that
DoOiCmaking IS going on even as a bu5i-
ness.
But. as already observed, the pres
ent indictments d. not charge that the
boOkmaking was carried on as busl-
ness, ana II that is, indeed, the very
TACT that changes lawful b0OlImaking
into unlawful bOOkmaking as the Gov
eTnmeTt contends, IL ought surely, 70
be alleged. and alleged with positive
Loss and alstinctuess.
The Washington times., 1908-03-11
Charges Insufficient.

"If. now, we examine the several
countS. we find that the first count o.
the -Jst indictment. which has been
substantially stated at the opening Of
this opinion. charges nothing more than
the moving about in q very large pace.
presumably occupied by crowds or peO-
pie. offering TO take and taking from
various people wagers upon the races
thereabCut 70 be run. and recording the
bets as he received them-'being The
form OF betting commonly known as
boOkmaking.' The second count IN ihe
same Indictment is identical with the
first except that 10 Omits the words,
being the form Of betting commonly
known as DoOkmaktIg- Neither OF
these counts charges anything more
than the divers acts of bOukmaklug ID
the territory where Il IS conceded Llat
bookmaking pure and simple is Lawful.
Hence they are insufficient"
AS argued by defendants counsel,
the dOer OF an act must always occupy
some pace He cannot perform the act
without IT, II he bets. it may Dc said
that he uses the place where he IS for
betting. II he makes book at all ia
must use the place where he Is at the
time for that purpose. Hence. II IS not
enough TO say that the defendant stood
IN one place or moved about In one
place making books.
wv Congress wishes TO change the
law 1t can do SO without any assistance
from the court, The responsibility rests
with Congress As "a citizen, ] should
be glad 20 sea a stop put 20 all gam
bling but as a judge / must follow the
statute, and give IL a fair and reason
able Interpretation.
The Washington times., 1908-03-11
At TIE BALL

Looking for anyone. ChoIIy?-'
Where IS Mrs. Gayby. 1 wanted this
dance with her"
Too late. son She's quarreIlng Il
out with her husband. ''-TSxChange.
The Washington times., 1908-03-11
New York Stocks

Quotations furnished by W. B. Hubs
Co. bankers ana brokers. 14ie street. mem
bers New Y 0rk Stock Exchange. Washington
The Washington times., 1908-03-11
80 Cure MARKEr.

Quotations furnished by z. F. Hutton
& Co. members New York Stock Ex-
change, G. Bowie Chapman, manager,
1901 L street northwest.
The Washington times., 1908-03-11
Insurance Statements.

STATEMENT OF THE CONDITION
OF the
GERAiAN-AMERICAN FIRE INSURANCE
COMPANY OF d. c.
On the Sist day OF December. 1907. as re-
quired under District Of Columbia Code.
amended June 30. 1907
The Washington times., 1908-03-11

E-AlEAiANA AAAaAlE tLaU year 1871 III
GLIDING pol. fees retained by
agents I13s $50 p
J. 3 PITCHER, President
J. N. PITCHER Secretary.
Subscribed and sworn 20 before me this Cd
day of March. 1903.
(sesi) FRANK c. EAGAN. Notary Public.
Ny commission expires January Is. 1872
It
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
TOWN COMPLETELY DESTROYED
And Two People Killed by a Cyclone
Tuesday Morning.

The town Of Lynn, Ga, was COM
pletely destroyed by cyclone early
Tuesday morning.
Two persons were killed, Jim
Wright, colored, and a child of Major
Lyles.
A number Of others were injured,
including Boze and Pete Hatcher
Mrs. Bailey. Miss Blance Mimms, Miss
George Williams, Miss Kate Airline
and Mrs. William Lynn.
The costly home of Mr.. Bailey was
picked up and carried ten feet. Every
dwelling, tenant house, barn and
store house were destroyed and all
the contents ruined.
One little child was blown into
the woods. The track Of the cyclone
was 400 yards wide and two miles
long.
Doctors from Brainbridge and
Brinson were sent on a special train
to care for the injured.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
Refuses to Receive Hill.

The German government has de-
cliped to receive DR.. David Jayne Hill
in the capacity of American ambassa-
dor to succeed Charlemagne Tower,
whose resignation has been accepted
tn take effect on the acceptance OF
the appointment of his successor. Mr..
Hill is al. present American minister
to The Hague and was formerly first
assistant secretary Of state under
the administration of Secretary Hay.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27

hone to be more successful than
Parker, or even to get the New York
vote. If New York would not give
Parker her vote, what chance has a
man of the same type coming from
the West?
A year ago Democracy seemed alb
solutely hopeless. Today, with a
leader, an inspirer, that can create
enthusiasm, that can reach the peo-
ple, that is known and respected by
the people, there is hope. Bryan IS
the only Democrat in that class, and
it is useless to attempt to blind the
Deople of South Carolina to that fact.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
IMPROVES SLOWLY.
Senator Tillman Won't Return to
Senate This Session.

The State says the condition of
Senator B. R. Tillman is not alarm
ing, according to his physician, but
it is not thought that he will be-
able to return to the Senate this
session.
In respunce to an inquiry DR.. T..
J. Hunter, Senator Tillman's physi-
clan wired The State at 9.45 Wednes-
day evening as follows.
There is nothing alarming In Sen
ator Tillman's condition. Left or
anodyne last night for first time since
he has been sick, and he did not
rest as we'll as he has been. He
has been somewhat depressed today.
H has developed no organic symp-
toms at all. His trouble IS purely
functional. His improvement has
not been as rapid as first expected.
Don't think he will be able to return
to the senate this session.
TIL following was received from
The States Trenton correspondent
Wednesday, afternoon:
Senator Tillman is slowly improV-
ing. Has only been up once and has
very little control Of himself while
standing. 1t is thought he is in need
of a complete rest.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
APPARENTLY ASLEEP.
A Strange Case OF Suspended Anima.
tiOn of q Little Girl.

A remarkable case Of suspended
animation is reported at Maycock
n. c., where Bessie, the 10-year-old
daughter of a farmer named Perry,
lies seemingly dead, but with a body
still warm, and face with all the
natural coloring of life.
The child fell suddenly to the
ground last Friday. Two physicians
pronounced the girl dead. The face
of the child retaining its natural col
or and her body its warmth, however,
the parents of the child refused to
hermit a burial. The child presents
every appearance Of being asleep. eX-
cept that her limbs are stiff and there
is no breath.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
IMPORTANT RULING
BY THE UNITED STATES SU-
PREAIE COURT.
Another Notable Opinion Handed
Down by the Highest Tribunal in
Railroad Rate Matter.

Railroad Rate Matter.
In refusing to grant to Attorney
General Young of Minnesota a writ
Of habeas corpus releasing him from
the penalty imposed by the United
States circuit court for the district of
Minnesota on the charge Of con-
tempt of court in instituting a pro-
ceeding in State court for the en-
forcement of the railroad rate law
after the federal court had prohibited
such a course, and in affirming the
decision of Judge Pritchard Of the
United States circuit court for the
Western district of North Carolina,
discharging from Imprisonment Jas.
H. Wood, ticket agent of the South
ern railway at Asheville, after he had
been sentenced by the Asheville police
court to serve term on the rock
pile on the charge OF collecting for a
ticket on that road greater price
than was permitted by the State
Railroad commission, the supreme
court o. the United States added
another to series of decisions which
have rendered notable the present
term of that court.
In both cases the right Of the
States to fix rates for railroad trans
portatior was the issue. and both
involved conflicts between federal
and State courts. The decision in
each case was opposed both to- the
States and to their courts. The
opinion of the court in both cases
was announced by Justice Peckham,
and with the exception of Justice
Harlan, all the other members of
the court stood behind him in the
announcement Of the courts finding.
Justice Harlan read dissenting
opinion in the Young case in which
he took the view that the suit was
practically a proceeding against the
State and therefore not permissible
under the eleventh amendment to the
constitution. He therefore character
lied the opinion as era-making in the
history of the court, and said it had
the effect of closing the courts of a
State against the State itself and
predicted that the result would be
disastrous. The two cases were so
similar that both practically were de-
cided in one opinion. The principal
announcement was made in the
Minnesota case.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
NEW RULE
RURAL FREE DE-
LIVERY CARRIERS.
1t Is Held Improper to Transmit I'm
stamped Letters From One Point

to Another.
The Washington correspondent OF
The State says it is not proper in
the opinion of the fourth assistant
postmaster general, Mr.. DeGraw, who
has charge in general of the rural
free delivery routes, that R. F. D. car
riers should carry unstamped letters
from one point on their routes to
another. Representative Sleyden OF
Texas recently made inquiry Of the
department as to this, from which
fact it appears that in Texas at least,
whence Mr. Slayden halls, it has
been customary for some of the Tl-
raj carriers to carry from one point
to another letters or parcels which
are not stamped.
1t is doubtless true in all parts Of
the country that rural carriers. who
set to know their patrons we'll, do
small favors of this kind for them.
The fourth assistant postmaster gen.
eral, though, in answering Mr.. Slay-
den in effect lays down policy which
will put stop to all Df this.
Mr. DeGraw's answer to the Texas
representative is made after consult
ing the department of justice at
torneys general advising him as to
the legal question involved. Said Mr.
DeGraw. "All patrons Of rural free
delivery routes are required 10 pro-
vide themselves with approved boxes.
and their contents are recognized by
law as mail boxes and protected from
wilful damage or depreciation" He
further states that these boxes,
while provided at the expense of the
citizens on the route, are erected ex-
clusively for the United States mail.
Hence the matter in them is to be
considered United States mail.
"All mailable matter placed in ru-
raj mail boxes" says Mr.. DeGraw,
lis subject to the rules and regula-
tions governing the mails, including
the payment of postage. While it is
not in violation of law to place un-
stamped mailable matter in rural
boxes, it is not proper that it should
be done.
Rural carriers finding such matter
in boxes on their routes are required
to bring it into the office to be held
for postage.
"It will, therefore, be apparent to
you that in the use Of rural mail
boxes there can be divided authority
between thee postoffice department
and the patron. for if this were so, it
would be difficult. if not impossible,
to enforce the law protecting rural
mail boxes and lneir contents from
damage and depreciation.
In this connection Representative
James Griggs of Georgia has bill
now pending to allow 1 cent postage
on R. F. D. routes from one point on
route to another, just as in the case
of a drop letter" in postoffice.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
RAN AWAY FROM SCHOOL.
Young Boy Killed While Riding Un'
derneath Express Car.

Young Dean, the son of promi-
nent citizen of Langley, was killed
Tuesday afternoon on the electric car
line between Langley and Warren
VILE, near Aiken. 1t seems that he
slipped off or ran away from school
and got on the Augusta-Aiken eX-
press car. 1t is supposed that he
either fell off or was shaken on,
falling on the track and was then
run over by the car. The men on
the express car, it is said, did not
know anything about the matter and
the boy remained on the track until
the car bound for Aiken came up a
little later. The affair IS avery de-
n1Ora BILE one.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
Killed Himself.

At New York Charles P Campbell,
an engineer, who recently went from
Atlanta, Ga, took his life by shoot
ing himself through the head Tuesday
night in his place of employment on
West 23d street. Campbell brooded
over his failure to obtain employ
ment in his own calling. He was %
wears Old
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27

| Ill jail.
A special dispatch from Andersen
says Conductor C. D. Swink, OF
freight train No. "a, of the Ander,
son branch of the Charleston and
Western Carolina Railroad, was kill.
ed by white man, named Bunnie
Brock, Tuesday afternoon at four
o'clock, while his train was standing
in the yard at Calhoun Falls. Brock
was arrested and lodged in the Alb
beville jail. Brock is about % years
of age and has the reputation of be-
ing big bully.
Brock got on Swink's train at
Lowndesville in drunken condition.
He succeeded in beating his way as
far as Latimer.ywhen Swink went in
to the coach and collected his fare
from Latimer to Calhoun Falls.
Brock, it is said, cursed Swink very
vilely and got off the train near the
Calhoun Falls yard.
When Swink's train pulled up to
the station Brock secured a pistol and
cursed Mr.. Swink again. Conductor
Swink then struck Brock and Brock
opened fire. He fired only one time,
the bullet penetrating Swink's heart.
AS Swink fell he pulled his
pistol and fired at Brock once or
twice, one of the shots taking effect.
Conductor Swink was man of
amiable disposition and friendly. He
was about % years old and was from
Woodruff, in Spartanburg County.
where his parents now reside. He
was unmarried and had ocly been
running on the Anderson branch for
about sixty days. He was popular
with all of his fellow tra'lnen. The
body was carried to Woodruff for
burial.
Brock Dies in Jail.
A dispatch from Abbevill7 says at
Calhoun Falls, in this county: Tues
day evening Conductor Swink. Of a
freight train of the Charleston and
Western Carolina Railway, was shot
and killed by Bunnie Brock, a les-
perate young man residing in the
western part of the COUNT. Brock
was also shot by the conductor in the
hip and died after being lodged in
jail here.
1t seems that Brock was on the
ton Of one of the cars of the train
and was in drunken condition. he
was ordered to come down by the
conductor. Words were passed anf
the shooting began. The conductor OF
the train was shot through the heart.
Brock was a very young man. son
of a good father, but he is said to
have been a desperate character.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
Trains Collide.

One man was instantly hllleu'
another probably fatally injured and
five others badly hurt in rear-end
collision between Z work train loaded
with laborers and a freight train on
the Illinois Central Railroad early
Tuesday. The accident occurred at
New South Memphis and was caused
By a dense fog.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
Farnum SurrendcrS.

James S. Farnum, agent for the
Anheuser-Bu Brewing Company,
and charged with conspiracy to de-
fraud the State OF South Carolina,
went to Columbia Wednesday and
voluntarily appeared before Magls-
trate Fow,es to give bond for O,O0e
for his appearance before the Rich
land criminal court when the ca9
is called.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
Storm In GcOr9iu.

About six O'Clock Tuesday morning
Pelham. Ga, was visited Ivy a severe
storm. Several houses were Destroy
ed on the plantation of A. r. Dasher.
One negro was killed on the turpen-
tine pIantation of Boswell & Carter,
where several houses were blo"n
down and mules were killed.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
Cyclone ut PinewoOd.

a cyclone passed through Pine
wood Tuesday night about s O'CLOCK
doing considerable damage. Several
ont houses were demolished, and the
Methodist Church vas badly dam
aged. A negro house was lifted from
it's pillars and left the occupants un-
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
CAR ENTERS BUILDING.
Twenty Persons Hurt in an Accident
at Detroit.

At Detroit, Mich, over score OF
people were injured late Tuesday
when an interurban car on the Ann
Arbor brancn of the Detroit United
Railway, bound into the city from
Jackson, Michigan, was derailed by
defective rails near 31st street and
ploughed across the brick pavement
into store building.
The car was wrecked and the front
of the two-story building was de-
molished. Twenty people were taken
to the hospital for treatment and
many others sustained minor inJur-
les, Two of the injured are reported
to be in a serious condition. One IS
Mrs. f. Halliday. of Napoelon, Mlch.'
and the other is Mike Rhowlka, OF
Detroit
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27

Are Solid for the Great Commo1er
and Send DELEGATIONS to Nations
nj Convention Pledged to His Nom-
ination as the Democratic Standard
Bearer.
Delegates to the Indianna State
convention Wednesday afternoon Il
district meetings selected 26 district
delegates to the National Convention
at Denver and the commmitee On
rules selected four delegates at la::ge.
A majority Of the delegates will
vote at Denver for the reelection OF
Thomas Tagart as the Indiana MEM
ber of the national committee.
While some Of the district dele
gates were not instructed it is tho
present announced intention Of all
80 delegates to support the candidacy
of William j. Bryan for the presi-
Dental nomination.
North Dakota Unanimous.
After three hours of oratory Tues
day afternoon the North Dakota DEM
b3ratic convention unanimously a.
dopted resolutions endorsing William
J. Bryan for the, presidential nomi-
nee and instructing delegates to vote
for Bryan's nomination.
The supporters OF Gov Johnson
of Minnesota threatened to introduce
second choice resolution. but ne
resolution was not forthcoming That
part of the resolution relating to Mr..
Bryan says:
1.-THE Democrts Of North Dakota,
in convention assembled, believing
that William Jennings Bryan repre-
sents the truest type OF American
citizenship and is the natura! leader
of the reform forces Of the United
States of America resolve that The
delegates from this conventino to the
national convention are hereby in
structed to vote as Il uniC for the
nomination Of William J. Bryan for
the president Of the United States.
Endorsed in Illinois.
In a harmonious meeting Of the
Democratic State central committee
of Illinois Wednesday, W. j. Bryan
was endorsed for the presidency in
emphatic language. 1t was decided
that the State convention should be
held in Springfield, ILL.,, on April %.
The friends of Roger Sullivan, mell-
ber of the national committee, were
in complete control Of the meeting.
The only point upon which there
appeared to be division of senti-
ment was over the manner of select
ing delegates to the State convention
In this the Sullivan men won their
point, defeating the followers Of III.
F. Dulop of Jacksonville, ILL.,, who
wanted to put through rule re-
quirlng county conventions to be-
held.
The resolution endorsing Bryan
was adopted by vote of 33 to /,
Jas. H. Donohue of East St. Louis
being the only dissenter. Sullivan
voted in the affirmative.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
Ten Were Injured.

Ten persons were injured, none
seriously, in q trolley car accident at
Philadelphia yesterday.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
DIED AT HIS POST.
A MAN BEATING HIS WAY ON
TRAIN

Shoots and Kills the Conductor, But
Is Shot Also and He Dies Later
in Jail.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
WANT BRYA Am
The West wilt Be Solid For His
Nomination.
NEARLY ALL FOR HIM.

lndianna, North Dakota and Illinoig
Are Solid for the Great Commo1er
and Send Delegations to Nations
aI Convention Pledged to His Nom.
ination as the Democratic Standard
Rearpr
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27
Tariff Reform In the House.

Now. this is the cheerful agreement
by which the Republicans Of the house
hope to humbug the tariff reformers Of
the nation. Moreover, it is the shrewd
plan by which the stand patters in the
same party are going to try to keep
their tariff revision brethren IN line.
The plan IS to authorize the commit
tee on ways and means, which is of
course the committee in charge of tar
iff schedules. to sit during the coming
summer, taking testimony and gather
ing data with view to tariff revision
after the next Inauguration. The chair
man of that committee is Serene Payne
Of New York. Its most powerful mem
Der is DalZell of Pennsylvania. high
priest OF protection. All the other Re
publican members down to Nick Long
worth Of Ohio ere avowed high tariff
men and stand patters. The seven
Democrats. headed by Champ Clark.
could do nothing to secure even fair
hearings. Or course the scheme is SIM
ply to offer an excuse for putting of
any tariff legislation until after elec-
tlon. That postponement will he made
with or without any excuse. But if
this plan shall be adopted no citizen Of
the Unitod States who IS restive under
tariff taxation need look upon it as
other than 4 cheap subteriuge.
Washington, D. c.
The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-27

the carareis with which Columbus dis
covered America or the ship with
which Commodore Perry opened Japan
to western civilization, but they are
nothing more than floating pleasure
houses
The Arizona sentinel. [volume] (Arizona City [Yuma], Yuma County, A.T. [Ariz.]) 1872-1911, 1908-11-18
Beauty of the World.

The beauty and chief orna-
ments of the world are human;
no flower is us lovely as a sweet
child; no sunrise as splendid rs
the golden morning Of a young
manhood or womanhood; no
crystal as beautiful as the firm
purity Of clarified character;
no mountain SO imposing and
sublime as lofty life; no har-
vest of fields or fruitage on
branches so fair as the goodly
product Of a useful and noble
reer.-Rev. VIM. V. Kelly, D.
D.
The Arizona sentinel. [volume] (Arizona City [Yuma], Yuma County, A.T. [Ariz.]) 1872-1911, 1908-11-18

THAT Oldest girl Of mine is
6nally engaged. The young man
called as a notification commit
tee last night"
"And how did you receive the
news"
"Got the family together and
cheered for eighty-three minutes
by areIiable clock. washing
ton Herald.