davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10

objection made is to insert a clause so
that the portion of the opinion object
ed to will read "A view of the law that
IS embodied in the charge and carried
out in the rulings excluding AS A RE
SUIT OF THE CHARGE ON THAT
POINT the preferred testimony or one
Edward Bogardus'-the capitalized
portion being the only words IN
serted
In addition to the slight change just
mentioned Judge Baker amplified the
original opinion by two paragraphs
clarifying the courts opinion as to
and dealing with the governments
contention that one corporation may
use another to commit offense thus
escaping punishment. Judge Baker
said:
On Accepting Concessions.
"The offense- of accepting a conces-
sion is the transaction that the given
rebate consummates-nott the unit of
mere measurement of the physical
thing transported-but the 'transac-
thing shipped, no matter how great or
how little its quantity, received a rate
different from the established rate
the wide range between maximum and
minimum punishment being doubtless
thought to be a sufficient range within
which to differentiate the punishment
adapted to one transaction from the
punishment adapted to another"
On the second point JuoSe bdheT
said:
True it is that if one corporation
uses another corporation to violate law
Just as if one individual uses another
individual to violate law such offender
ought not though masked to go unpun-
ished, and there are ways as old as the
law itself to reach and punish him.
But can the individual who is merely
said to have procured the crime to be
committed be deprived of a hearing
be condemned to punishment without
being tried, convicted, or indicted even?
Can an individual merely said to be
behind the party convicted be reached
for punishment, not by indictment.
trial, and conviction in due process of
law, but by supplemental proceedings
before the judge in the nature OF civil
proceedings in aid of execution? Can
an American judge, without an abuse
of judicial discretion condemn any one,
individual or corporation who has not
in his own person, first been duly in
dicted, duly tried and duly convicted? 2"
Immediately upon the overruling of
the petition District Attorney Sims ap-
piled for stay of mandate which was
granted, thus leaving the case still be-
fore the court of appeals, pending the
governments attempt to have the case
taken before the supreme court on
writ of certiorari.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
TAFT'S CABINET.
Several Changes IiIzely-ImpOrtan
| Court Appointments.

Washington, Nov. 10.-One of the
first announcements from President
elect Taft, it is believed, will be the
name of the next secretary to the
president. Fred w. Carpenter of San
Francisco, who served Judge Taft as
private secretary while the latter was
president of the Philippine commits
sion and later while he was secretary
of war, is likely to be named. The
name of Raymond Patterson, a Wash
ington newspaper correspondent and
classmate of Judge Taft at Yale, is
1t is certain that there will be a
reorganization of the cabinet. Among
the changes considered likely to occur
are the following: Truman H. New
berry of Michigan to succeed Victor
H. Metcalf of California as secretary
of the navy; Clifford Pinchot of Con-
necticut to succeed James Wilson as
secretary of agriculture. 1t is gener-
ally conceded that Frank H. Hitch
cock will be the next postmaster gen.
eral. George Won L. Meyer has been
mentioned for secretary of state or
may go to take an important post In
the diplomatic service.
The most important appointments
of Mr.. Taft's administration will be to
the supreme court Three members
of that court, including the chief JUS
tice, are already past the age for re-
tirement, and will certainly retire be-
fore the end of the Taft administra
tion-Fuller, Brewer and Peckham.
Two of these, Chief Justice Fuller and
associate Justice Peckham, are Demo-
Gratis
The only other Democrat in the
court is Associate Justice White of
Louisiana.
William Loeb, jr., secretary to the
president, insists that he will go into
private business at the end of the
present administration.
Secretary Cortelyou will undoubted-
iy retire and become the head of a
financial institution in New York. The
treasury portfolio, it is believed. will
60 to either Mr.. Won L. Meyer or Mr..
Loeb.
1t is believed that President-elect
Taft will make few changes in the
working personnel of the administra-
ton below the grade of cabinet Off
GERS.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
1T IS AN HONOR
Says GOmpers to Be Excluded
From ROOsevelt's Invitation
10 a Labor Legislation Meeting
at White House.
WAS OFTEN ASKED
s OFTEN
To Meet the President Socially
But Always Declined,
Visits Have Always Been Strict.
ly Business Affairs.

Denver, Colo, Nov. 10.-Considerable
comment was caused by that portion of
the annual report of President Samuel
Gompers, read to the convention of the
American Federation of Labor in which
Mr.. GomperS said that President
Roosevelt had issued invitations to a
number of labor leaders to meet with
prominent lawyers and jurists at a
dinner at the White House a week
from today for the purpose of discuss
ing labor legislation. President Roose-
welt, said the report of Mr.. Gompers,
had excluded from the list of invited
guests the officers of the American
Federation of Labor, including its
president.
Mr.. Gompers, in an interview on the
subject refused to discuss the question
from a political standpoint, but con-
tented himself with a statement to the
effect that he deemed himself honored
by the exclusion and considered the
presidents act tribute to his hon
eSty
He said: ...
Il am honored by the president when
he excluded me from his guest list. 1t
is a high tribute. to the manner in
which have represented the interests
of the millions of WOrkingmen and Wo-
men banded together in the federation,
both in the matter of pressing the ad-
ministration for fair, labor legislation
and in the political campaign just
ended.
This is the first affair of the kind
that 1 know of at the White House to
which have not been invited, but de-
spite the fact that 1 have frequently
been asked to meet the president and
his friends socially, have never avail
ed myself of such an invitation.
MY dealings with the president have
always been on a strictly business
basis. L have frequently requested an
audience with him regarding matters
of import to the federation and its
membership and have always been well
received and treated courteously-
There, however, my relations with the
president ended.
"I by virtue of the trust imposed
upon me by the federation; represent
the millions of people of the country
who toll with their hands-the hired
men and women, so to speak. So if
the president or any other person
cares to say that I do not represent
the membership of the American
care to become involved in a contro-
versy or criticize such a stand.
when the need presents I shall
meet President Roosevelt or any other
president or public man as the rep
resentative of the workers of the ma
ton if they re-elect me and care to
have me represent them"
The other federation officials de-
cline to discuss the matter but many
labor leaders gathered in Denver de-
clare that the action of the president
is simply a part of plan to divide
the forces of organized labor so they
will not be effective in future contests.
John Mitchell, James Duncan and
Daniel J. Keefe, who were invited by
the president, said they expected to be
in Denver at the convention session
next Tuesday but would decide
whether to accept or reject the invi-
tation when they received the presi-
dents letter.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
END OF WHEAT EXPORT.
President Hill says 1t Will Cease in
Six Years.

Tacoma, Wash, Nov. 1O.-Six years
will bring the end of wheat exporta-
ton from Puget sound and other Pa
cific coast ports, according to pre-
diction made here by James j. Hill.
chairman of the board of directors of
the Great Northern railroad Mr.. Hill
asserted that within that period the
consumption of wheat by the United
States will be so great it will not more
than equal, if it will equal, home con-
sumption.
Mr.. Hill, together with the presi-
dents of the Great Northern, Northern
Pacific and Burlington systems, Fran
els B. Clarke. president of the North
Bank" line. and twenty other execu-
tive officials of railroad lines, were
guests at the annual banquet of the
chamber of commerce, the largest af-
fair of its kind ever held here. Mr..
Hill spoke nearly two hours.
During his address he announced
that the Great Northern will, inaugu-
rate through passenger train service
daily between Tacoma and Chicago
next spring, providing conditions war
rant. Mr.. Hill and party will go to
Seattle tomorrow.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
FIGHT ON A BALCONY.
Structure COllapses and About 100
Students Are Injured.

Vienna, Nov. 10.-An encounter be-
tween two warning factions of students
attending the University of Vienna re-
suited this morning in injury to about
100 of the young men. The cause of
the conflict is to be found in the
smouldering antagonism between the
Pan-German and the Jewish students.
This bitter feeling broke out today and
led to a sanguinary encounter which
eliminated in the collapse of a balcony
in the university and the precipitation
of many of the combatants to the floor
below
The Hebrew students corporation
turned up at the university at an early
hour determined to keep the Pan-Ger-
mans out. Three hundred of the He
brews blockaded one of the main stair
cases Apprised of the situation the
Pan Germans gathered in force and
stormed the staircase which leads to a
balcony. The fighting for a few mo-
ments was fierce, but in the midst of it
a portion of the balcony collapsed and
over 100 students crashed to the
ground. Most of them were injured
and some seriously.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10

thereupon fired two shots. both of
which struck Robin Cooper, who had
interviewed in his fathers protection.
Then it was after being shot, that
Robin Cooper fired the fatal shots,
Col. Cooper never using a pistol at all.
After the shooting Col. Cooper ac-
companied his son to DIR. Forts SAN
itarium, from which place he was TAX
en- to ST. Thomas hospital. after the
arrival of his brother-in-law, DIR. Lu-
cius Burch. 1t was discovered that one
bullet had entered Mr. Cooper's right
breast in the region of the shoulder,
inficting dangerous wound in dan
gerous region, but it is thought he
will recover The other bullet from
Mr. Carmack's pistol passed through
both the overcoat and undercoat
sleeve of Mr. Cooper. near the left
Shortly after Robin Cooper's
wound had received attention Col
Cooper, who had surrendered to the
police officers. accompanied them to
the station"
Col. Cooper refused to consent to
any effort being made to secure his
release upon bond for the present. He
said it is understood, he desired the
matter thoroughly investigated so that
it might be seen he was entitled to
bond before he would ask for it at all.
No public statement could be OBJ
tanned from any of Mr.. Carmack's
friends last night but Laps G. McCord
jr., city editor of the Tennesseean is
quoted as saying that several friends
Of the senator had advised him to be
careful and to all of these admonitions
the senator replied he did not intend
to show the white weather
Mr.. McCord said also that replying
to these admonitions, Mr.. Carmack
had declared that he did not think
Col Cooper intended to harm him.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
MORSE A BANKRUPT.
Swears That He Has Not Enough to
Pay His Debts.

New York, Nov. 10.-Charles w.
Morse, who two years ago was rated
as being worth more than 1000, 900
yesterday swore under oath that he
had not enough money or securities
left from his vast fortune to pay his
debts. This revelation was made
when Morse's attorney appeared in the
United States circuit court of appeals
to argue for the admission of Morse
to bail Morse. 10 has been SEN
fenced to Is years imprisonment at
hard labor in the federal prison at At
lanta was not permitted to leave the
Tombs prison, but an affidavit made
by him was read. The motion was
argued before Judges Lacombe, Ward
and Coke and decision was reserved.
1t had not been expected that Morse
would make the plea that he was a
bankrupt
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
ENORMOUS BUYING.
General Range of Wall Street Prices
Up Two Points.

New York, Nov. 1O-Enormous buy
ing of stocks of the Southern Pacific
and Union Pacific roads excited the
stock market today and pulled the gem
eral range of prices up points or
more from a depression into which it
had been forced by heavy profit tax
ing sales. Southern Pacific advanced
points above last nights close to
11S1a. Union Pacific went up 314 points
to 1S1 Is. Rumors of an intention to
increase the dividend of. the Southern
Pacific to I per cent tomorrow were
circulated. There We're also reports
that Southern Pacific contemplated an
issue of S10O, 200, 900 in bonds to retire
its Z per cent preferred stock
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
HIS DEATH SUDDEN.
End Came to John VanderbecI< While
Engaged in Friendly Boxing Bout.

New York, Nov. 1o.-A friendly
bout with boxing gloves between John
Vanderbeck and Edward Lynch in
the room of a friend, William
Kearney in East 1O4th street, resulted
in Vanderbecks death from heart
failure. He was 20 years old. The
three youths were close friends.
Kearney and Lynch had often en-
gagged in boxing, being fond of the
sport. but Vanderbeck had never
boxed because his physicians had
prohibited violent exercise by him.
The chums met by appointment at
Kearney's boarding house and Kear-
ney and Lynch began boxing. Wander
beck watched them for a time and
then said he wished to box with
Lynch. Kearney and Lynch protested
it would be risky, but Vanderbeck in
sisted.
After sparring a few minutes Lynch
struck Vanderbeck what seemed to
be a light blow on the chin. Wander
beck staggered back and then sank to
the floor. The other two youths ran
for a doctor but when he reached the
place Vanderbeck was dead.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
SENATOR LONG HERE.
He Is on His Way to Washington
Doesn't Talk of Plans.

Senator Chester I. Long is in To-
peka today on his way to Washington.
He will stop at Kansas City, Chicago
and other points en- route, but expects
to arrive in Washington next week.
'I have nothin further to say about
this story that has been printed con-
cernfng a cabinet position" said Sena-
tor Long. Neither have 1 anything
further to say concerning my plans
after leaving the Office of United
States SENATOR
Some of the prominent politicians
who come to Topeka think that Sena-
tor Long will not be offered q. govern
ment position, either in the cabinet or
elsewhere. 1t is also said that after
his retirement from the senate he will
become connected with a prominent
law firm.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
KILLED IN DUEL.
Former Senator Carmack of
Tennessee Is Shot
In an Encounter on the Streets
of Nashville.
POLITICS THE CAUSE.
Had Criticised His SIayer's
Father in Newspaper
OF Which He Was in Editorial
Charge.
POLITICS THE CAUSE

Nashville, Tenn, Nov. 10.-As a Sc
quel to the recent bitter Democratic
primary for the gubernatorial nUmina-
tion in Tennessee. Edwin W. Carmack,
former United States senator from
Tennessee, has been shot and killed in
a street duel here by Robin Cooper. a
young attorney. Young Cooper was
wounded in the shoulder by a bullet
from Carmack's revolver and is under
police surveillance in a local hospital
His condition is not serious.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
NEW FREIGHT RATE SCHEDULE
Hearing of Testimony Will Be Com
menced Nov. IL.

The hearing of testimony in the
case involving the proposed new
schedule of Kansas freight rates will
be resumed on Nov. II. At this -ses-
sion, the testimony of the state will be
presented.
I'VE are not going to say exactly
what testimony we will have to Offer
said G. F. Grattan, attorney for the
board of railroad commissioners. 1--WE
don't care about telling all our plans
to the railroad companies
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
OFF COMES HIS HEAD.
Seattle Postmaster Said to Have So
Iicited Campaign Funds.

Washington, Nov. 1O.-The postmaster
general today announced that the presi-
dent has decided to remove George NJ.
Stewart, postmaster of Seattle Wash,
as the result of an investigation of
charges that he solicited campaign con-
tributions. The records of the postof-
flee department also show that the
postal service at Seattle has been un-
satisfactory.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
LIGHT RAIN FALLS IN TOPEKA.
Today and Promise OF
Unsettled Conditions.

The same brand of weather which
Topeka is enjoying today will be on the
weather billboards for tomorrow. The
temperatures will be about the same as
today and there will be either rain or
snow. A slight rain fell this morning
which amount to OF of an inch. The
wind today is six miles an hour from
the northeast. The following are the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
Hydrophobia without a Bite

Green is dying from hydrophobia. Two
weeks ago a pet dog began showing
signs of madness. It jumped at Miss
Green and struck her eye with it's nose.
The dog was killed
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10
Weather Indications

Chicago, Nov. 10.-Forecast for Kan
sas: Rain or snow tonight or Wednes-
day. Not much change in temperature.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-10

w. H. L. Pepperell. secretary Of the
Democratic state committee. says that
the expense of the Democratic state
committee for the campaign was about
81, 400. He says that the committee coll
lected enough to pay all the bills ex-
ceDt about S14.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-11
sales-petween Boards: 10 pcpc,

Sales-Between Boards: 10 Pcpcc-
keo, sli5; so Oahu Sug. Co, 500. 70
Haw. Sug. Co. sS5; SO Haw. Sug. CO.,
s35; 900 Haw. Sug. Co., $3.50: 20
Oahu Sug Co.. 500; $4,000 Pac. Sug.
Mill 6s, 800; 20 McBryde, $3.50; 80
McBrydc, $3.50: 20 Eva. s27.5O; so
Haw. Com. g. S. Co., s95.75; 20 Eva
$3.50; 8 Hon. D. & NJ. Co, $50; 5 Pho.
ner. s145. Session: so McBrydc
$3.50: 16 Eva, s275O; IA Eva, $3.50
Notice.-The directors of the Oahu
Sugar Co., Ltd, have voted TO increase
the monthly dividend of the corpora
ton from III to 2 per cent per month
beginning the 18th inst, until further
notice.
Latest sugar quotation A.3s or $3.50
per ton.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-11
NE FOR MINISTRIES
SHOW TONIGHT

After the baseball games today the
crowds will take in the fine minstrel
show of the Saints at the Hawaiian
Opera House, The show has proved
to be the best minstrel and vaudeville
performance given here for a long
time.
viii Cressy, the great minstrel
man. said yesterday to gentleman
in Bergstroms music store that the
show and singing were grand and the
opening scene one Of the best he had
ever seen for a minstrel first part set
ting.
Reserve your seats at Wall, Nichols
Co. Immediately for tonight's show
and save disappointment and regrets
afterwards.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-11
FOUND.

Bay horse. Owner can have same by
paying expenses, mt 1920 King st.
i0i9-tf
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-11
BY AUTHORITY
SEALED TENDERS.

SEALED TENDERS will be re-
ceived by the Superintendent of Pub
lie Works until ~ NJ. of Saturday.
Aug. /, 1908, for the construction OF
one-story frame teachers cottage
at Paia, Maui. 7. ii.
Plans and specifications on file In
the Office OF the superintendent of
Public Works and also in the Office of
Mr. w A. Mckay, School Agent,
Wailuku, Maui.
All tenders to be on blanks fur
nished by the superintendent of Pub
lie Works.
The Superintendent of Public
Works reserves the right to reject
any or all bids.
MARSTON CAMPBELL,
Superintendent OF Public Works.
Honolulu, July 10, 1908. 4050-3t
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-11
WANTS
LOST

Black and white fox terrier bitch. Re-
ward on return to Young Hotel
bar 4O49-tf
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-11
GOOD ORPHFUM week

Tonight The Silver King" will be
presented for the last time by Richard
BUTLER and the Lumley Company. The
play has met with great success. If
YOU haven't seen this. well known
melo-drama you ought to. Monday
evening next the Lumlcy Company
viii present George Broadhurst's com
edy why Smith Left Home" play
that was written for laughing pur
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-11

poses only. While the play is a com
edy It has a plot and affords good
opportunity for the large company To
appear 10 advantage in life characters
portrayed for fun. Richard Butler
and the entire company appear In the
cast. Thursday evening Arizona by
Gus Thomas, will be presented. Or
Tuesday evening next Madame
blanche Arral will appear between
ncts in vocal selections
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-07-11

Rent Franklin cars. Stkyds Stbls.'
New lingerie dresses. whitney G.
Marsh. ....
Honk. Honk. Call I'LL. J. A. Nc.
Leod. for the pleasantest auto ride.
Attorney c. $. Smith Of llilo Is In
town, having arrived this morning IN
the Mauna Kea.
Special hosiery sale begins at y.
plom's next week. Big bargains,
Don't miss them.
Take your carriage or automobile
to Hawaiian Carriage Manly. Co.. for
up.to-date repairs.
Omcial ball tickets are 81 each, adj
hitting gentleman and any number
Of ladies'. The bah is on the night Of
the 18th.
The annual clearance sale ut Sachs,
with its sweeping reductions on the
entire stock. will positively close on
Thursday at o'clock.
On installments of So per month. you
can purchase White Family Rotary
sewing machine. Benny 4 Co.. Ltd,
agents, 1866 Fort st. Phone 4SS.
The water works office and sewer
Office will be open until 6 O'clock from
July 18th to the 18th inclusive, to re-
celvc water and sewer rates.
Have you seen it? The new Uni.
versal Adding Machine. Come in and
see it demonstrated. The Hawaiian
Office Speciality Co.. Ltd.
The purity and fine flavor of Isleton
Creamery Butter make good bread
taste delicious. Every square comes
enclosed in dust-proof carton j. NJ
Levy & Co., phone rs.
The special machinery at Regal
| shoe store does all sorts of shoe re
pairing In jiffy. and does 1t well
too. Vickers Repair shop is now a
part of this establishment.
Get ready to take some of the best
pictures you viii ever have tho chanc,
to take--the U, S. feet In Honolulu
harbor. Get your kodaks and supple.
at the Honolulu Photo.Supply Co.
| Miss Power Is showing new atirac
tive hats for the hot days, also wells
hair ornaments and novelties for the
fleet entertainments. Millinery par
lors, Boston building, Fort Street.
The quarterly business meeting o
the Chinese Students Alliance of Hd
wall will be held this evening in tn
Alliance hall at 1880 o'clock. Al
members are requested to be prcson,
The White buckskin Oxford shoe
made by Laird, Shober e. Co., are tn
most stylish and handsomest on tn
market today. In plain toes and win
Tipped at the Manufacturers Sho
Store.
Christian Church-A, c. McKeevei
pastor: 9;45, Bible school; $3.50, !
p. S. G. f.; J. a, m, sermon, "Ou
Sacrifice to God" 1880 p. m, sermon
"By Their Fruits Ye Shall kDoN
Them" All are welcome.
Purser Pete Phillips, of the Maun
Kea, has the following report of SUI
ar on Hawaii: Olaa, 37,6Oi; Wait
kea. 5000: Hawaii Mill, 1000; VAIN
ku. $500; Onomea, $4,000; Pepecke'
Il2,0OO; Honomu, 1920; ilakalal
GO0O, Laupahoehoe, 1900; ookal,
1900; Kubllau, 5000; Hamakua, IA
00O Paauhau. 5000; Honokaa, 1900
kukuihaele, 5000; Punaluu, 1866
Honuapo, 2l2j,