davidaulloa/AmericanStories huggingface dataset:
The Colorado statesman., 1908-01-11
Virtually sustains Judge Lewis.

Washington.-Unusu significance
IS attached to a decision rendered by
the United States Supreme Court Mon
day in the case of former Congressman
John N. Williamson of Oregon, who
was convicted of subornation of per-
jury under the timber and stone act,
in that the decision is expected to ap-
ply to practically all of the prosecu-
tions brought in the arid land states
by the department of justice for al
legged violations of the regulations of
the Interior Department in timber and
stone and coal cases.
The decision virtually sustains the
recent decision of Judge Lewis of tho
United States Court for the district of
Colorado dismissing the indictments
brought under the timber and stone
and coal land laws. Today's decision
recitcs:
at is provided by section 3 of the
timber and stone act that effect shall
be given to its provisions by reQuisi-
tons prescribed by the commissioner
of the General Land Office. But this
power must be construed as authOriz-
ing the commissioner to adopt rules
and regulations for enforcement of the
statute and can not have authorized
hlm to virtually adopt rules and Tegu-
lations destructive of the rights Con.
gress had conferred.
''As there is no requirement concern
ng making of final proof of particular
affidavits referred to, and as the entry
men who complies with the prelimi-
nary requirements is under no oDliga-
ton to make such affidavits and has
full power to dispose, ad interim, of his
claim, upon final issue of patent, we
think the motive of the applicant at
the time Of final proof is irrelevant and
therefore that error was committed
not alone in instructing the jury that
the Indictment covered or could cover
procurement of perjury in connection
with final proof and that the jury
might base conviction thereon, but in
admitting final proof as evidence tend
ing to show an alleged illegal purpose
in the primary application for the pur-
chase of lands
The Colorado statesman., 1908-01-11
LIABILITY LAW
DECLARED VOID
UNITED STATES SUPREME COURT
HOLDS 1T TO BE UNCON-
STITUTIONAL.
FELLOW SERVANT ACT
DECISION APPROVED BY FIVE
JUSTICES, FOUR MEMBERS
OF COURT DISSENTING.

Washington.-That the congres.
sional act known as the Employers
liability law" is not in accordance with
the constitution of the United States,
because it goes beyond the bounds
permitted in the regulation of inter-
state commerce, was The conclusion
reached by the Supreme Court of the
United States in deciding two damage
cases coming to the court from the
federal courts of Kentucky and Ten
nessee, which were brought under the
provisions of the law.
The decision was announced by JUS
tice White, the court standing five to
four against the law
Even among the five who voted not
to sustain the statute there were diff
ferent shades of opinion
Following are the principal points
from Justice Whites opinion:
The act being addressed to all com
mon carriers engaged in interstate
commerce, and imposing a liability
upon them in favor of any of their en-
ployes without qualification or restric-
ton as to the business in which the
carriers or their employees may be en-
gagged at the time of the injury, of
necessity includes subjects wholly out
ulate commerce.
Concluding as we do, that the sta
tute, while it embraces subjects within
the authority of Congress to regulate
commerce, also includes subjects not
within its constitutional power, and
that the two are so lnterblended in
the statute that they are incapable
of separation, we are of the opinion
that the courts below rightly held the
statute to be repugnant to the consti-
tuition and uncomfortable and the
judgments below are, therefore, af-
firmed."
The decision was in suits for dam
sges-one being the case of the widow
of VIII Howard, a man who was killed
IN an accident near Memphis; the
other that of the mother of Morris S.
Brooks, fireman killed on the South
ern Pacific in Nevada.
The Howard case war tried in Ten
nessee with Judge Mccall presiding,
and the Brooks case in Kentucky,
with Judge Walter Evans on the
bench.
The Colorado statesman., 1908-01-11
Court Reproves stratton Executors.

Colorado Springs.-A refusal to ap
prove of the annual report made by
the executors of the Stratton estate
was made for the third successive year
by Judge Kerr in statement made in
the County Court Monday.
The main reason for the refusal is
that the executors have failed to in
clude in their annual reports the names
Of those alleged to be receiving free
transportation from the Colorado
Springs & Interurban Railway Com
pany, which is one of the three subsid-
larry companies of the Stratton estate.
1t is claimed by the court that at least
160 persons are in possession of annual
free transportation which, reckoned on
basis of So or Sc month, has been
worth from $4,000 to 100000 to the
estate in the last five years, during
which time the executors have had
charge.
In his statement Judge Kerr says:
IF they have right to give away the
revenue of the street car lines, 1 see
no escape from the conclusion that on
the same principle they may also give
away the revenue derived from the
lease of the Brown Palace hotel, or
from the Mining Exchange building or
from the royalties derived from the
Cripple Creek mines or from any other
asset of the estate. II this theory were
correct, then the executors might do as
they pleased with the assets of the
estate and dispose of them as II they
were their own property"
The Colorado statesman., 1908-01-11
Estimates for Denver BUILDING.

Neutrality-suspicious. and specifica
tions were submitted to Congress Mon.
day by Supervising Architect Taylor
of the proposed new federal building
in Denver, for which a site has recently
been purchased.
The estimates call for a building to
cost S1,S00.000, 49,500 square feet
ground space, basement, four stories
and attic, and of fireproof construc-
ton. Drawings showing the elevation
and plans of the building were sent
with the estimates. The items speci.
fed in the estimates are as follows;
Excavation, $40, ,12S; concrete floors,
S30,296; brick work, $122,31S; stone
work, s377,5 iron and bronze work.
1901, SOC; wrought iron work, $32 900;
fireproofing, S1SS,339; roofing. $40 $50;
plasterirg and marble floors, $1S4 ,324;
wood finish, s156,64S; painting S17,-
sos; plumbing, $4,000; heat and ven
tilating, $4,000; wiring, 1000; ap-
proaches and stone walks, $31 1,415;
lock boxes. $1,000; contingent. $172.-
coo.
1t is the belief of Colorado members
of the House and Senate that they will
succeed in having a bill pasSed to GRO
vide for the Denver building If there
is any public building legislation this
session.
The Colorado statesman., 1908-01-11
Destructive Fire at Lander.

Lander, Wyo.-The Orchard opera
house, bar and cafe burned early Mon.
day morning, involving loss of at
least $4,000, about half covered by in
Eurance.
The Women of Woodcraft gave a
children's masquerade ball in the hall
at night and it is thought that the fire
caught from superheated fiue, as it
broke out at four O'Clock, two hours
after the dance broke up.
The Opera House bar boasted of the
finest collection of mounted wild game
heads in the state, one fine freak elk
head being valued at more than $780,
The flames burned SO swiftly and had
made such headway when discovered
that nothing was saved, even the cash
register being destroyed. There was
no wind at the time and the firemen
managed by hard work to save the ad.
joining buildings, though th~ tea and
coffee store of ]. r. Parker and the
jeweiry store Of w. B. Lodge & Co..
in ths Jackson block adjoining. were
damaged by smoke and water.
The Colorado statesman., 1908-01-11
Always Staunch
And True

The Denver Republican has al
ways avoided the fallacies and
knaveries of yellow journalism,
and its steadily increasing Circula-
ton proves conclusively that its
policy of telling the plain Truth
without exaggeration or misrepre-
sentation, standing fast for the
Right, is heartily approved with
growing force by the intelligent
Public to which it appeals.
To read it is liberal Education,
and the citizen who goes without
it does positive harm to himself,
to his family, and to the commu-
nifty.
In no other way can the invest
ment of 2H cents per day
for that is all The Republican
costs any subscriber-bring such
rich results in that knowledge
which is both Power and Pleasure.
Information, instruction and en-
tertainment fill its columns and it
leaves a good taste in the mouth
of the reader.
1t stands for Law ard Order in
the State-for Peace, Prosperity
and Happiness in the Home.
'if you are not already enrolled
among its splendid list of Patrons
send on your subscription and give
it fair trial at Is cents per montl
for Daily and Sunday.
The Colorado statesman., 1908-01-11
Enalneer EIetcher,s Last Run.

Grand Junction, Colo. - Engineer
Herbert w. Fletcher of Grand juno
ton, on his last run, before retiring
from the service, was killed outright,
mis- fireman, d. Frederlckson, fatally
hurt, and Brakeman r. C. Darnell,
fearfully injured in a collision with a
string of stray coal cars on the main
line of the Rio Grande Western near
Thistle junction, a short distance west
of Grand Junction, early Monday morn
ing.
Fletcher was driving his train, an
extra freight, at rapid rate of speed,
ignorant of the impending danger,
when it suddenly crashed head on into
the runaway cars, which were not pro-
tected by signal lights.
The locomotive was completely de-
molished and Fletcher's body, horribly
mangled, was found between the drive
wheels of his engine.
The fireman was thrown out of the
cab, the engine overturning upon him.
His injuries are so serious that his re-
covery is not expected.
Brakeman Darnell, who was riding
on the top of the first car from the en-
gine, was pitched to the ground and
one of the freight cars fell upon his
legs, DreaklnS and cruSAlnS tnem.
The injured men were taken to the
Salt Lake hospital on relief train.
The track was blocked for several
hours and all traffic was suspended
for that length of time. The damage
10 the rolling stock was estimated at
about 100000.
Fletcher was thirty years old, and a
member of the Elks and Brotherhood
of Locomotive Engineers. He sent his
resignation to the company several
weeks ago and announced before leav.
ing Grand Junction Sunday night that
the trip was his last and that when
ne returned he intended to retire from
the railroad and enter into business
for himself at this place, after visit
To relatives at his old home in Kansas
Fletcher is survived by widow and
two children.
The Colorado statesman., 1908-01-11
U. s. PosToFFIcE BUSINESS.
recommendation of the First Assist
ant Postmaster General.


Washington-The report of First
Assistant Postmaster General Frank
Hitchcock has been made public. The
revenues collected through the post
offices during the fiscal year 1906
amounted to about s16S, 100000, a gain
of more than 1000, 900, and the report
states that this growth was continued
in 1907, when the aggregate was $780,
100000. In order to meet this continu-
Gus growth of his bureau Mr.. Hitch
cock makes an appeal for larger ap-
preparations.
THE present policy of reappointing
presidential postmasters who have con-
Quoted their offices to the satisfaction
OF the public and department has re-
suited in decided benefit to the SER
vice." says Mr.. Hitchcock. He adds
that about siXty-fve per cent. of the
presidential postmasters have been re-
appointed.
Increased salaries for various
classes of employees of the depart
ment are recommended. In order to
relieve third class postmasters of the
HeCeSSlIy VI paying III "SSi9Ie'4.o ou@
of their salaries, a recommendation is
made for an increase to S2,000,000 of
the allowances for that purpose.
Thirty instead of fifteen days annual
leave is raised for postal employees.
An extension of the city delivery
service to smaller towns than are in
cluded under the present law, is rec
commended. Under the amendment to
the law he suggests free delivery
would be given to over 1,400 towns
that do not now enjoy that privilege.
The total number of postmasters of
all classes appointed during the year
was 1885, as against 1885 for 1906.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27
and improved to better advantage than
most two-story houses.
DOGS Do WORK OF MEN.
HIacksmith's Singular Continuance .
Money Saving Device.

On an uptown street, on the east
side of New York, hundreds of peo
pie daily pause at blacksmith's shop
to watch three Newfoundland dogs,
which are employed by the smith to
work the bellows of the FORCES of his
shop. In one corner of the place is a
wooden wheel, about eight feet in
diameter and wide enough for dog
to stand in. When the wheel is at
rest the dog stands in much the same
position as the horse in child's
rocker, with it's head towards the
forge, awaiting orders.
When told to go ahead" the beast
on duty at once starts on brisk trot,
which makes the wheel turn around
rapidly and by means of crank and
lever the power is conveyed to the
bellows. The dogs work willingly and
with such intelligence that pedestrians
are never weary of watching the eff
forts of the animals to keep the
smiths fires bright. Each dog works
in the wheel for one hour and then
rests for two. The three dogs cost
their owner about 81 week to keep,
plenty of meat being given the beasts
at each meal, and he estimates that
they save him SIG week, as other
wise it would require at least the
services Of two men or small en-
CINE to do their work.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27
SYSTEMATIC DRAINAGE.
(Council Bluffs NonpareiD

(COunCll Blu1S NOnparellJ
1T is likely that in a few more years
the construction of bitches to drain
the lowlands of the state will become
more general. In Pottawattamie and
Harrison counties the plan has proven
a great success. The question natur-
ally arises, Should not these bitches
be planned with reference to sys-
TEN that will ultimately cover the
state So long as these waterways
are planned to take care of compare
lively limited areas, when the larger
project of developing "a system of
drainage for the whole Missouri river
bottom is; installed, at least part
of the work that Is now being done
by individuel counties would be lost
and additional expense would be In
CURED in adjusting it to the system
covering the entire section. Sooner or
later a comprehensive survey and
plan will undoubtedly be taken up and
worked out by the state or by the
United States government. Such
work has already been undertaken IN
some parts of the union, and 1t is
hoped that the board of supervisors
of the Missouri river counties will not
overlook the effect of such develop
ment in this vicinity in the near fu-
ture.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27
A NEW SERIAL STORY.

In today's issue of the Times Repub-
lican is begun the publication of new
serial story by an author Of interna-
tional reputation which will prove of
unusual interest to the readers of this
paper who love to tone their absorb
ton of general news by q little light
reading.
The story is called "The Port Of
Missing Men," and was written by
Meredith Nicholson, author of The
House of Thousand Candles" who is,
by the way, an Indiana man and fell
low townsman in the Hoosier capital of
James Whitcomb Riley and Booth Tar
kington, well known literary figures.
Mr.. Nicholson has a special aptitude
for concocting literary mysteries and
giving them titles which are just as
puzzling as the stories themselves.
",rhe Port Of Missing Men, is a name
which catches the eye and stays with
the memory, and the tale unfolded in
the novel is Just as attractive and in
steresting as the title indicates.
While it would not do to tell the
reader just what the title refers to,
as he will be. more delighted to read
it for himself, he may rest assured that
this little enigma is but 9, small pro-
portion Of the fascinating mystery
which is involved in the novel. 1t is
the story of fight for a throne, not
made so extravagant as to be beyond
reason, yet drawn so strongly as to re-
tain the readers interest from start to
finish The identity Of the hero and
central figure of the tale, which it is
necessary to enshroud for a time to
assure the safe working of the effort to
sustain the honor of the kingdom, is
naturally of consuming interest to the
American girl whom he loves, and the
readers curiosity on this point be-
comes as acute as that of the girl
herself.
In good time this and all other en-
crossing kinks in the narrative are
Strengthened out to the readers full
satisfaction and in a way that only
an expert hand can do it. One who
wishes to be highly diverted should be
sure to read the Port of Missing Men"
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27
WHY BARK At cuMM1Ns?
f1oarkersburg Eclipse.)


1t makes the Eclipse decidedly tired
to read some of the socalled standpat
papers who are keeping up continual
warfare upon Governor Cummins, and
the progressive republicans Of Iowa. 1t
looks as .f these papers are trying to
goad the progressive republicans into
boiling the republican ticket this fall
for what reason is not plain These
papers supported Senator Allison ana
the Eclipse has right to suppose that
they desire to see the old man elected
by the legislature next winter. BY
their editorial utterances, however, one
can easily be led into thinking that
Senator Allisons reelection is of sec
ondary Importance and the complete
crushing Of Cummins and the progress
sive wing of the party is the one thing
to be accomplished in the campaign
just opening The papers keeping up
this warfare belong in the democratic
party, for they are doing more to make
Iowa democratic than are the demo-.
cratic papers. The time has come for
to drop factional talk. The
quicker it is done the more certain
will it be that Iowa will return an old
time maj ority and elect a republican
legislature.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27

/ broke a plate glass window. While
this is a novel precedent it is not quite
approved by property owners.
The real Spectator is the man who
bought hard coal today. His faith in
the future was astonishing.
There are a lot of Iowa towns which
are setting a good example in the mat
ter of pavements, both street and side
walk At Mason City the action of
the council turning down the proposed
improvements was reversed and the
work will go on. At Fremont miles OF
cement walks are being put in and a
lot of other towns are just as we'll in
the van. Those golden streets won't
be in it after a while.
Mr.. Cadd.-Can I see that burglar
who was arrested for breaking into my
house last night?
Inspector (hesitatingly)-Well 1
don't know. What do you want to see
him for?
Mr.. Cadd--Oh! there's nothing secret
about it. l just wanted to find out
how he managed to get into the house
without waking my wife, illustrated
Bits. W.
The fnhumane character of some po
litical machines and their tendency to
Cypress and humiliate the down trod-
den people is best illustrated when
they limit campaign contributions to a
maximum of $4,000. There are any
number of people who. if they cannot
contribute that much or more, will feel
like keeping their names off the roll
of honor.
If those letters of acceptance don't
stop pretty soon there will be a famine
in the ink market. The letters afford
a great opportunity for an enterprising
fountain pen maker. He could say:
"Bill's letter of acceptance of 'steen
million words written with one of my
pens without refilling," and people
would grow riotous in their anxiety to
possess one.
The Wife, don't think We'll be able
to use that old hammock this year; it's
shrunk awfully.
The Husband-Oh, it's all right. You
know daughters engaged now. She'll
never notice it!-Yonkers Statesman.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27
Preventing Roadway Dust.

Motor cars have presented to road
officials new problem. that of pre-
vention of dust and retention of dust
and dust forming materials on the
road surface The rapidly moving au-
tomobile wheels pick up the light ma
terlals In the ordinary road surfaces
and throw them into the air. The con-
sequence is rapid wear of the roadway
into holes and ruts and blowing away
Of the loosened materials by the wind.
The current number of Municipal
Engineering Magazine contains a re-
port OF some interesting experiments
made on the state roads of Rhode ISL
and on methods of preserving the mac
adam roads The most elaborate eXper-
iment was the construction of tar
macadam road in 1905--O7 at a cost of
1914 cents square yard over and
above the cost of a plain macadan
road made Of the same materials with
out the tar. AS the road was fourteen
feet wide this extra cost was 16 cents
per foot. or ss44S0 mile of road. An
other road has an extra cost about 20
per cent less.
These roads have not been dusty
since the tar was applied, and while
they are still new the indications are
that they will be more than covered
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27
Iona Newspapers
POWERS MUST ACT.

(Lake City NeWSJ
The Register and Leader in COM
menting Upon the open defiance of the
laws of Iowa by the Carroll saloons on
the Fourth, remarks that Judge Pow
ers lives there and must act or should
be brought before the bar of justice for
disohedience of his official duties The
attorney general now announces that
the officers of Carroll county must
show their hands. How long will an
archy run wild, without restraint? Why
is it that treason stands out in the
open unpunished? We would answer,
because the officers incur obligations
in their election by this lawless ele-
ment A clean temperance man never
gets their vote, while. those that love
law and order criticise and condemn
such acts, nevertheless at the pivotal
time they forget their duty and vote
for men that mean vote for the sa-
loon. There is no use denying that a
hail fellow well met who buys beer for
the boys has the advantage in the race
over one who will not cater to this
practice. He gets all the bum element
and loses none of his pull with the
vote. Consequently the up
right man gets left.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27

and the money they ordinarily pay out
for doctors bills may be applied to
more useful purposes.
This little bungalow Is small on the
ground as bungalows go. When you
have the rooms all on one floor you
must spread out in width and length,
but the two rooms on the second floor
in this plan help out, and 1t is cheap
er to build the two small gables than
to make q larger foundation, besides,
you get considerable storage room up
close under the roof.
We, hear a good many complaints
about the cost of bungalows, but the
trouble is mostly due to bad man.
agement A bungalow is not supposed
to be house. If man wants all the
improvements and Accommodations that
an eight-room house will give him,
what he should build is an eight-room
house, instead of trying to compro-
mise with bungalow. But if he
wants little combination of four
walls and roof for $1,000 or $1,000,
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-27

where he can bring up his family in
comfort. where his children can have
plenty of sunshine and outdoor exer-
else, he probably could not do better
than to build little bungalow like
this. The construction is light and
the labor bill is light because the
work is quickly done.
The house is not very large, and If
he is short of money he can build 1t
without cellar, because the cellar
may be added at another time There
Is provision for a heating stove in the
living room, which, with the heat
from the kitchen, will make the
house comfortable in cold weather;
even the upper rooms will be warm
enough to sleep in, because the heat
will go up through the open stair
way.
A good many women like this ar
rangement for a hall because it Is
partially shut off from the living room,
but may be used in connection with 1t
. -