davidaulloa/AmericanStories huggingface dataset:
The morning journal-courier., 1908-07-23
)URT REVERSES OIL TRUST FINE
cision Unanimously Reached That Case Against Standard Must Be Retried.
9OSSCUP WRITES OPINION
TOTS Noted 160, and Question Is Raised Whether Court Abused
 Its Discretion.

lChicago, July 22.--By unanimous ebinion of the United States court of 4ppeals for the Seventh district the
 mous case of the government against T e Standard oil company, in which
 e latter was fined s29,240,000 by zidge Landis in the district court
 ust be retried.
 X This opinion, concurred in by &ldges Baker and Seaman, was dellv.
 led here to-day by Judge Grosscup ENho wrote the opinion. The con.
 .udlng sentence of the opinion reads
 "The Judgment of the district cour
 reversed and the case remanded
 ith instructions to grant new tria Ind proceed further in accordanc,
 ith this opinion"
 f'pinion Begins With Brief Statement 2 The opinion begins with brie Placement of the manner In which tn,
 ase was brought from the distrlc 5ourt to the court of appeals. Sec on 6 of the interstate commerce ac Relating to the publishing and filing O Hates Is quoted, and the opinion con sinues:
 III There are 169 assignments of CT Tor. taking up 67 pages of printed rec Erd In view of the conclusion, how Ever, to which we have come, 1t is un Necessary to review many of thes, essignments-the ones reviewed GOV Bring all the propositions of law tha i've deem essential to the guidance O The district court in the event of { Tlecond trial. Comprehensively stated The assignments of error which VI 1ehall review relate:
 Rulings on Admission and Exclusion of Evidence.
 \ "First-To the view adopted by tn itrial court carried out in its ruling 4bn the admission and exclusion of evi Hence and embodied in Its charge t 3the jury that shipper can be convict ed of accepting a concession from tn llawful published rate, even though Ids not shown, as bearing on the matte of intent, that the shipper, at the tim 'of accepting such concession, kne' what the lawful published rate actu llally was.
 "Second-To the view adopted b 1.-the trial court that the number of oi lenses is the number of carloads ( |property transported. irrespective (
 whether each carload, the whole (
The morning journal-courier., 1908-07-23

tariff describing a rate if 6 Ia cents from Whiting to East St, Louis was issued by the Chicago and Eastern H. linois Railroad company, a competing line, October Q, 1895, lnl filed with the Interstate Commerce Commission two days later, that such tariff sheet was among, the tariff files n possess sion of the plaintiff in errJ", and that the latter during the period named shipped hereunder large number of cars of petroleum and products at said rate, and that such rate was equiva- lent to the shipper of the rate of 6 cents over the Alton, owing 10 a quar- ter of a cent terminal char ses, all of which evidence was eXclu1 d, as was also the offer of the tariff sheet It. self. produced from the files of the Interstate Commerce Commission and an amendment thereto in April, 1903.
 Judge Iandls' Charge Is Quoted.
 The opinion here quotes Judge Landis' charge to the jury in which the district judge declared that to l concession knowingly 1t was not neces- sary to establish that the defendant had actual knowledge of the lawful rate.
 On this phase of the case the opln- ion of the Court of Appeals declares:
 Tn this interpretation of the Inter- state Commerce law, so far as 1t re- lates to shippers, we cannot concur The cases cited by the goverpment such as those requiring liquor sellers at their peril, to know whether tho person to whom drink Is sold Is a minor or within the prohibition of the act or not, are not controlling nol very persuasive.
 Commerce Act Intended to Promot,
 Trade.
 The interstate commerce act wal not intended to promote, nor to Iestrall trade, and eommerce-to secure fal dealings in commerce through uniform lty, not to put Instructions in the wa, of commerce. Surely the farmer wh, brings his produce to town to be ship ped to the city markets or the smal merchant shipping to the country, O the householder who ships his furnl ture, were not meant by the interstate commerce law to be guilty of havin! accepted concession merely beoaus they took the word of the carrier o his agent as to what the rate was Il this respect the shipper and the car Tier stand on different ground. Tn carrier Is required by a separate pro vision of the law to establish and pub fish rates and Is forbidden to charg or collect from the shipper a rat greater or less than such establishe and published rate But Is the ordln ary shipper under any reasonable vie, of the situation to which the law rela tlves thus bound-bound at his peri under the law intended to promot commerce to cipher out before he ca safely put anything that he has int , commerce, all the confusing papers an i, figures that generally make up tar If sheet? Plainly not 1t seems to us" In support of this contention tn court cited first Bishop new crmint
 law, section 2S6"
 Though 1t Is true that large shir 8 pers like the plaintiff in error do nc a usually take the word of a carrier as {
The morning journal-courier., 1908-07-23


 the part only of a single transaction resulting in shipment; and.
 "Third-Whether In the imposition of the fine named the trial court abused the discretion vested in tho court.
 Can n Shipper be Convicted for Con
 sessions?
 We shall tike up these subjects In the order stated, the first being whether the shipper can, without er- TOT, be convicted of accepting con cession from a lawful published rate, even though 1t Is not shown, as bear ing on the matter of intent, that the shipper, at the time of accepting such concession. knew what the lawful pub lished rate actually was--a view of the law that, Is embodied In the charge and carried out In the ruling excluding certain proffered testimony. including that of one, Edward Bogardus, who, being in absolute charge of the traffic affairs of the plaintiff in error during the period covered by the transaction, offered to testify that during that period he did not know anything about an 1s-cent rate over the Alton rail- road; that his attention had never been called to any such rate by any person or by the examination of any document; and that 1t was his under standing and belief, based on what he was told by one Hollands, tariff clerk for the Alton railroad. that the rate over the Alton road was cents, and that such rates had been filed with the interstate commerce commission Hollands Testimony Regarding oil
 Rate.
 Hollands, who was called by thc government, had previously testified that he had no recollection of telling ! Bogardus that the six cent rate Ga commodity rate) had been filed witt, the Interstate Commerce Commission But answering on his voir dire, ths jury being excused. Hollan6s further i stated that he regarded 3lX cents pei 100 pounds as the oil rate between Whiting and East St. Louis; that h, regarded a certain application shee which covered Whiting It Chicago rates and the sheet for Chi, igo, taker together as showing a six cents com modity rate; that whenever he spoke of the rate on the commodity between Whiting and East St. Louis he. had II mind those papers and thnt if he hat been asked by Bogardus or anybod! else whether there was rate between Whiting and East St. Louis he would have answered that there was ant that 1t was filed and that such rat, was six cents, which evidence thu proffered was excluded by the cour for the sole reason that as a matte of fact, as the court (not the jury found the fact to be, the epplicatio, sheet containing this six cent commod ity rate had not been filed with tn Interstate Commerce Commission. Had the court found as fact tha the sheet had been so filed, or, sub hitting that question to the jury, ha the jury found that that sheet ha been so filed, the six cent given t Bogardus admittedly would have bee the lawful published rate.'
 f Witness Offered to Prove ,be Rate. f The court relates that Bogsrdus wa r offered ias a witness to prove that
The morning journal-courier., 1908-07-23
PRESIDENT MUM.

Newport, R, l., July 22,-Presi- dent Roosevelt was apprlsed to-day of the action of the United States court of appeals in Chicago In reversing the decision of the lower court In the Standard oil cases, but made no com ment upon 1t,
The morning journal-courier., 1908-07-23

yesterday that he has not been feel- Ing in the best of health lately and that 1t was upon the advice of his physician that he decided to take a rest A week ago the governor while on visit in Meriden was affected by the heat and almost collapsed. He and Mrs. Woodruff expect to be away only about week.
The morning journal-courier., 1908-07-23
Harold Peterson,

Harold Peterson, the 1O-year-old son of John Peterson of 109 Maltby street, died at the New Haven hospital Tues day of lockjaw, caused from stepping on a rusty nail few days previous, The arrangements for the funeral are as yet incomplete.
The morning journal-courier., 1908-07-23
William Higgins.

The funeral of William Higgins was held yesterday morning at S:30 o'clock State street, with requiem high mass at St. Joseph's church at 9 o'clock. The interment was In St. Lawrence cemetery.
The morning journal-courier., 1908-07-23
Mrs. Hiram Hills.

The body of Olive Grannis Luding- ton, widow of Hiram Hills who died at her home in Plainville on Monday. will be brought to this city for burial in the Fair Haven Union cemetery at 12:30 o'clock tomorrow. Services will be held at the grave.
The morning journal-courier., 1908-07-23
Mary Ward,

Mary Ward, of S7 Woolsey street, died yesterday afternoon, aged 42 years. She is survived by her husband. The funeral will be held on today from her late residence.
The morning journal-courier., 1908-07-23
Elizabeth c. PuTer.

Services for Elizabeth c. Puffer were held in the home, POS Blake street, yesterday, in the presence of many sor- rowing friends, Numerous floral tri- butes were given by friends,
The morning journal-courier., 1908-07-23
GOVERNOR GOES AWAY.
Not Feeling In the Best of Health He
 Leaves for Pennsylvania.

Governor Rollin s. Woodruff and Mrs. Woodruff have gone for vaca- ton trip to Pennsylvania to visit a cousin of the governor Friends of Governor Woodruff in this city said
The morning journal-courier., 1908-07-23

what the rate Is, but to examine TOT themselves the tariff sheet, and have all knowledge that Is necessary to an intelligent examination from which IL might easily follow ++' That profes- slons of ignorance on. the part of such shipper would stand on a different plane -" . from the ordinary shipper 1t does not on that account follow that the ultimate question of Intent Is not the same whether the shipper be large ono or a small one; for the law Is the same for all shippers, and the duty devolving on the government Is the same, viz, That before convic- ton there must be proof of all the facts upon which the shippers offense Is predIcated.
 Plain That Trial Court Was in Error.
 This view of what is essential to constitute the offense makes 1t plain that the trial court was in error, as matter of law in the application of the case, of the shipper of the principles that the trial court applied In this case, And this error Is made all the palmer lifting 1t from what otherwise might be considered mere technical error, to the level of a real substantial error when the exact nature of the so- called tariffs published and fled relie d upon by the government as the lawful rate, are scrutinlzed; and when the rate that the trial court deciphered out of these papers, is compared with ad- mitted rates on other roads for the same product and with the admitted rates on the same road for a like pro- duct. The tariff sheet relied upon the lawful published rate filed with the in- terstate commerce commission Is tar | Tiff sheet No. 2i of the Chicago and St. Louis Traffic association, and the first thing to be noted Is that this tariff sheet makes no reference by name, to petroleum or the products of petroleum On the face of that tariff sheet, no 1S- cent rate for petroleum or the pro- ducts of petroleum appears. The 1S-cen' rate was only arrived at by process of certain circumlocutions; that Is to say, on the face of these tariff sheets there was found printed line govern ed by Illinois classification except as noted herein; then by turning to a classification adopted by the railroad and warehouse commission of Illinois September :, 1s99 1t was found that pc troleum and It's products were set down
 in the fifth class, and then by turnino back to tariff sheet No. 24 1t was found that the rate set down for the fftf class was IS cents per hundred pounds And so out of this process of reference and cross-reference the lawful publish ed rate was evolved by the trial cour
 Co bo IS cents, not because It so ap
 peared on the face of the tariff sheets but because by reference to othel
 sheets-sheets fixing, not rates. bu
 classification, and that not yb the In
 terstate commerce commission or th'
 carrier, but by the Illinois railwa. commsslon--it could be so figured out. The court remarks the number O nice judicial questions raised in th
 case and declares that the court is no prepared to say that tariff sheet No 24 really fixes the rate of petroleum ant It's products at IS cents. The most w
 can say" the opinion reads, "ls tha the question Is one upon which judge after full discussion might very req z sonnhIy disagree"
The morning journal-courier., 1908-07-23
Ever Realize

That mental physical exeon up suecels that must be rebuilt daily by proper food?
 If strength and the power do things be kept at highest efficiency the human body have Right Food build brain and cells and keep the tremendous amount of energy required nowadays ke the gait that wins money and fame
 That's the mission of
The morning journal-courier., 1908-07-23
That's the mission of
GRAPE-NUTS

food It has stood the test with thousands of sturdy thinking people for than decade and greater favor than ever before
 GrapeNuts is scientifically made of wheat and barley; con- ns the necessary phosphate potash grown the grains for cell building and soluble dextrose for enegystorng
The morning journal-courier., 1908-07-23
LOG CABINS FOR RENT. Rocky Top, Mt. Carmel.

For unadulterated enjoyment hire a log cabin on Rocky Top. Air always cool--navored with pine trees--outlook beautiful, pure water, fine farm sup plies. Trolley to foot of mountain, easy ride or walk to summit. Rental week or month. Only two left Mrs. A, Widman. Tel. 5273-12,
The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-11-19
GOVERNOR ISSUES LIVESTOCK
QUARANTINE PROCLAMATION
No Shipments Can BE Made Into
State without Having Been
Tested.

Austin, Nov. 16,-Measures to pre-
VENT he infection OF Texas cattle
with tuberculosis are contained in
the annual livestock quarantine proc
lamation, issued by Governor Camp
bell.
The document recites that a num-
Der of cattle have been discovered
to be infected with the tuberculosis
in states to the northeast of Texas
and provides that on and after No
yember Is no cattle shall be brought
from that direction into Texas for
delivery for breeding purposes with
out first having been tested for tu-
berculosis, at least sixty days prior
to their shipment.
The proclamation was issued at the
behest of the State Livestock SAM
tary commission, OF which Dr. J. II.
Wilson of Quanah is chairman. and
which held its regular meeting in
Fort Worth, October q.
The quarantine line established
for the succeeding year is identical
with that reccgni2ed by the score
tary Of the United States department
Of agriculture, and which begins at
the junction Of the southern boun-
dairy line of New Mexico with tho
Rio Grande, continues southaasterly
along said river TO the southeast cor
ner OF Terrell county, thence IN
zig-zag course across the state north
easterly TO the junction of the east
line of Wilbarger county, with Red
river and otherwise the state line to
The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-11-19
RAISING PRICE OF COTTON
CAN FARMERS SUCCEED?
Fort Worth Telegram /.

Fort Worth Telegram
From all over the South delegates
to lae annual convention OF the Ma
iional Farmers Educational and CO.
operative union have met In New Or
leans and are now In session. The
burden OF all their discussions, the
one purpose set before them this
year as for two years past, Is The
price OF cotton must go up"
There Is something graphically in
tcre'ting in the spectacle Of this body
OF men deyotlng their energies to
such a purpose, Cotton is tho staple
crop OF the South When the icrop
Is poor or the price insufficient to
pay the cost OF raising and a rea-
sonable profit every business In the
South suffers, Banks are forced to
call In loans; merchants can not
meet Nelr obligations to wholesal.
ers; wholesalers are pushed for
credit and are forced TO curtai or
ders TO manufacturers. The whole in
dustrIal and commercial fabric OF the
South Is swathed in cotton and yet
to the farmers alone is left the 81
gantlc task OF trying 10 raise the
price.
Twice The Farmers union hfS sig
nally failed In It's efforts to advance
the price OF cotton or even main
tain the price which ruled at the be-
ginning Of the season, but It Is stiu
undauntcd. Experience has strength
ened the organization; the member
ship has grown; new lines OF credit
have been secured.
There Is no discredit In the past
failures OF the union, nor Is there
proof In It's past failures that II will
not succeed in the future. Nearly
every great Industrial success Of to-
day was a long time in building and
was built up through a succession of
hardshlps and failures It took the
Standard oil company thirty years to
build to the point where it could
defy competition. The powerful
combination controlling the manu-
facture OF harvesters has been built
out OF the wrecks of smaller firms,
upon the dreams OF inventors who
The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-11-19

tho northwest corner Of Greer coun-
". The area quarantined lies to the
south and east OF this line,
During November December and
January stock may be Inspected or
dipped and taken from the Quaran-
tine area, stock may be moved from
one county TO another In tho area
to tac north and west OF the line At
any time,
Non.lnlected stock being shipped
through the quarantine area may bt
unloadcd for resting and feeding at
The Fort Worth stock yards, Fort
Worth, Baird, Hodge, Gainesville and
Denison and such other points as may
hereafter be designated by, the COM
mission.
The stock yards at Fort Worth are
declared by tho proclamation to be
infected and shipments Of hogs from
them without inspection is prohibit
ed owners OF stock affected with
anthrax or Charlton, CHAMBERS, scab-
bies or cholera, must report tho sale
TO the commission. Young cattle,
sheep or goats, affected with lung
worm or stomach worm must not he
driven from one county to another,
The quarantine emphasizes the
need of preventing a spread OF the
splenctic, tick or Texas foyer, which
is transmitted largely by the fever
tick. The quarantine becomes ei-
fective November Is.
The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-11-19
TEN YEAR OLD MURDERER
,IlU / AND LESSON IN MERCY
Sent to Prison for Life, Which Fact Causes
Some Comment

The Worth Telegram prints the following paragraph:
1O-year-old boy has given life
Savannah Ca, for killing white This like
stuiug harshness into the majesty the law A 1Oyear-old
boy regardless whether hes white black
adequate appreciation of the enormiy of such crime
that law which does mix with justice
straton is relic that should he regarded as mile
posts In the march civilization
In the estimation OF the Iay Panhandle the sympathy
Telegram misplaced sympathy but should the suffer-
ing family lost the oil q
also belief nat the Georgia judge and did the
thing sending the murderer prison for life matter what
he II white black will
what will he do To- 20 rs That
that he life tender goes prove
natural born criminal and society his numbering
the place for hi mis- the pepena he will
ed for all time from committing murders is much
punish" this youth that he for life
the liberty
The disposal this by the authorities
being "a relic OF the the Telegram charges
twentieth method saving irresponsible
himself sowing from his blooddppng knife
where he ought to .o-s4t ..-ts,..
The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-11-19

ties, Ambassadors are TO be appoint
cd to foreign courts by the executive,
VINO viii also receive foreign amoas-
sador.
According to u Chinese COM
mondment,' writing In the Soleil
paris), Chang-tcho-tong rivals Rich.
ellen not only as a statesman and
the ruler Of his country but also as
man OF letters II the Chinese
minister docs not, like the great car
dinal OF the seventeenth century,
employ five poets to patch up his
rlckety verses, he Is at any rate a
patron OF poets, literary men in gem
eral, and artists. lie Is to show this
in a very practical manner says the
writer In the soleil. To quote his
words:
Not 10 mention the constitutional
innovations OF European origin
which Tchsng-tche-tong. as member
OF the grand council OF the empire,
has introduced, he Is at present en-
gagged In formulating plan by which
q Chinese counterpart OF the French
academy will he established. He is
also anxious TO Improve the univer-
slty system on Occidental lines, TO
extend educational facilities to all,
and To institute perfect liberty OF
teaching The emperor has given
fun approval TO his plans. On re-
coivlng notice OF this imperial sane
lion the Richelieu OF China remarked
to his friends This is the end to-
ward which | have labored all my
life. II were to die this moment,
should die In peace"
Among miner innovations OF Eu-
ropean origin introduced by
Tchans-tche-tong we are told, is a
change in the titles OF nobility, which
formerly we're characterized by col
ors and buttons. The Chinese Com
mandment" thus particularizes:
"The chief functionaries, civil and
military. are henceforth TO be re-
warded for eminent services In war
or peace by titles OF nobility cor
responding with those of duke, mar
quis, count, baron and knight. These
titles are. however, not to be hered-
itary, as In Europe. Nevertheless, in
rare cases they will DO transmitted
by imperial decrdee to a single gen.
GRAFTON. The thing which astonishes
Europeans is that the new titles In
troduced' by Tchang-tche-tong revert
TO the ancestors OF the nobility. This
custom has been introduced in view
OF the funeral celebrations, at which
the Chinese address their dead pa
rents by name. In this we see the
moral system OF Confuclus, the pivot
Of which is exaggerated fllial piety."
The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1908-11-19
THREE PERSONS INDICTED
FOR CARNLACK's DEATH
Two Coopers and EX-she1ff ]. u.
Sharp Arc Held by Grand Jury.

Nashville. Tenn. Nov. lG,--The
grand jury OF Davidson county has
returned a true bill in which Col
Duncan d. Cooper his son. Robin
J. Cooper, and ex-Sherlff John D,
Sharp are jointly charged with kill
lug former Senator Il. w. Carmack.
and In which sharp Is also indicted
on the charge OF being an accessory
before the fact. The names OF six
witnesses appear on the back OF the
indictment as follows: Mrs, CODY p.
Carmack, widow OF Senator Car
mack; Mrs. Charles Eastman, Carly
Folk, Dr.. James wittenberg, Mrs,
Martha Morgan and Miss Mary skef-
fir.
1t was to Mrs. Eastman that Mr..
Carmack spoke just before the
shooting began. Carly Folk is
deputy Insurance commissioner and
the timehe passed along the street
near the time OF the killing. MRS.
lives diagonally across from
the killing. DR.. WittenherE con-
ducts an optical establishment in the
west end OF the Arcade, through
which the Coopers, accompanied by
Sharp, are alleged 70 have passed
shoaly before the tragedy occurred
The Memphis conference OF thS
Methodist Episcopal church, South,
in session at Covinston, Tenn, adj
opted resolutions declaring that Car
MACK died a martyr to his conVic-
tons ,ot duty and to the cause OF
Temperance and OF Righteousness.