davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
THE RAILROADS CLAIM
VICTORY IN DECISION

appeals, acting legislatively will not cor
rect the wrong of the commission which
is complained of, and that if it refuses
to correst the rate it will then be time
enough for the carrier to come into the
circuit court of the United States to en-
join the rate which Is complained Of as
eonfiscatory. The supreme court further
holds that the action of the state court of
appeals being legislative and not judicial.
the remedy need not be pursued of tax
ing the case to the supreme court Of the
United States from the highest court of
the state by a writ of error, because, as
above stated, the action of the highest
court of the state is not judicial action,
but is Legislative, and may be enjoined
in the circuit court of the United States
in proper case.
Bill Is Retained.
"The United States supreme court,
therefore, while reversing the decision
of the court below, ordered that the
bill be retained in the circuit court to
see what the court of appeals of Vir-
ginia viii do when an appeal is taken
to It, and II It is now too late to take
an appeal the order of the United
States circuit court enjoining the Nir-
ginia commission must be affirmed. III
the court of appeals of Virginia, how
ever. entertains the appeal then the
railroads would have the right to pro-
ceed in the circuit court of the United
States to question the validity of an
order of the Virginia court of appeals
as contrary to the constitution of the
United States. and need not ceme from
the tA .agipia court OF appeals by Mrn
of error to the supreme court Of ne
United States.
1.-THE chief justice and Justice Har-
Ian dissenting, holding that the con-
tentions of the Virginia commission
were correct and that the bill ought TO
have been dismissed
"The railroads are thus practically
given by the supreme court of the
United States every substantial right
which they claim.
I'm these cases the merits of 2-cent
rate did not arise, as for the purposes
of the case. the demurrer admitted that
the rate was coniscatory. The whole
controversy was as to whether or not
the commission of Virginia, when 1t
fixes a rate, is a court, and, therefore
beyond the reach of the circuit court OF
the United States, If the rate violates
the constitutional rights of railroad.
The supreme court of the United States
holds that the Virginia commission is
not a court In fixing rate, and Is not,
in that ma liter. beyond the reach of the
circuit court of the United states or of
the supreme court of the United States
itself on appeal from the circuit court
of the United States
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01

Thomasville, Ca, November 9o.-William
H. Mitchell, former city treasurer and
now alderman of Thomasville. wealthy
and prominent in civic affairs of south
Georgia was placed on trial this morning
in Thomas county superior court on an
indictment of the grand jury charging at
tempted criminal assault
His accuser is Miss Lucille Linton, one Of
the most popular young women of the
city.
Miss Linton was kidnapped from her
home in the heart of the residence sec
ton late in the afternoon of September
"A, this year Her abductor was sup
posed to have been a negro woman, but
Miss Linton swore on the witness stand
this afternoon that 1t was Mitchell in
disguise.
The state. in outlining its case, declared
1t would prove that Mitchell, disguised as
a negro woman kidnapped the young wom-
and was trying to carry her to his
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
CHAIRMAN KNAPP
GETS PLACE AGAIN
WILL BE REAPPolNTED HEAD OF
INTERSTATE COMMERCE CON-
MISSION SHORTLY AFTER CON-
GREss MEETS.

washington, November S0.-(SpecialD
Martin A. Knapp. chairman of the Int
erstate Commerce commission for IL
years past, and member OF that oooy
for nearly IS years, will be reappointed
soon after Congress meets by President
Roosevelt for another six-year term
His present term will expire early in
1909.
Mr. Knapp is the commissions veter-
an in service He has been with the
hodv from its beginning, and has taken
a very large part in the direction of
the commissions policy lie rs one OIL
the three old time members OF the com
mission. the other two being Clement
and Prouty, who have served only
shorter periods
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
STANDARD CASE
PASSES HOLIDAYS
ATTORNEY MILLER ASKS FOR
THREE WEEKS TIME TO FILE
REPLY TO BoNAPARTE's PETl-
TIoN FOR WRIT OF cERTloRARI.

Washington, November 3o.-Attorney
General Bonaparte today formally sub
mitted to the supreme court of the
United States his petition for writ of
certiorari to the circuit court of appeals
for the Seventh circuit ordering up for
review the Judgment of that court re-
versing the rulings of Judge Lands in
the rebate case against the Standard Oil
company, in which the company was
fined S2924O,oO0.
Attorney J. s. Miller made request
for three weeks time in which to file
reply brief, but the request was opposed
by the Attorney General. who said that
the government would consent to only
two weeks's time. The court. however,
granted the request fixing December q
as the time by which the brief must be
submitted
The effect of granting Mr. Miller's pc
tition will be to postpone until after the
Christmas holidays the courts decision
as to whether the Standard Oil case
should be reviewed by the supreme court.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
INDEX OF TODAY'S NEWS
Page l..

FdAC IL
Supreme court renders railroad rate de-
cision.
Hartman in breezy impromptu ad-
dress.
Port au Prince uuakes at tread of rev.
olution.
Mitchell on trial on serious charge.
Payne tariff bill will be big surprise.
Page 2.
Revenue men tell of Floyd capture.
Bessemer department.
Bnsley News.
Page 3.
Jackson's S trace to be marked
Tom Edmondson still missing.
Doctors worried over prohibition
Page q.
Editorial
Convict lease will soon expire.
Guilty of official misconduct is verdict
on Forney
Wide difference found in local prices Of
eggs.
DR.. Hamrick is county physician.
Page 7.
Dolly Dalrymple.
Page 8.
Federal offices may be abolished.
Alabama Masons in session.
Page 9.
Bullish advances in wheat offset in
creases.
stock market ia being churned.
Cotton market Is unsettled.
Page 10.
New records made by A. A. N.
Ambassador vi reaches washington.
River channel may be changed.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01

Washington, November 30.-(Special.) y
Declaring that the decision of the United
States supreme court today in the Vir-
ginia passenger rate case Is substantial
ly' in favor of the railroads a high rail-
road official tonight gave out the sub
Joined summary of the courts decision:
I'm these cases the Virginia commits
sion had fixed rate of cents per mile
and was proceeding to publish the rate,
and taking the initial steps to enforce IT..
Thereupon the railroads went into the
circuit court of the United States and
obtained an injunction against the com
mission enforcing the rate on the ground
that 1t was conhscatory. To the bill in
this case the members of the Virginia
commission demurred, not raising the
question of the merits of the 2-cent rate,
but claiming that the commission in fix
ing the rate had exercised the authority
order was, therefore, res adjudicata, and
could not be inquired into or interfered
with by the circuit court of the United
States. 1t, therefore denied the jurisdic-
ton OF the circuit court of the United
States to inquire into and enjon the
rate, even though it might be con-
fiscatory
Commission Not Court.
- ne ..arctpe court, Justice Holmes
aeAeeiin1 f1S i9,Bsoa, soy rfzd fc
tenrion, holding that the commission IS
not court when making a rate, but Is
acting legislatively and that its action
is not re adjudicata and is not beyond
the reach of the federal courts If 1t vio-
lates any provision of the constitution of
the United States. Under the Virginia
system however an appeal is given as OF
right from the action of the commission
making the rate to the supreme court OF
appeals of that state The supreme court
of the United States further held that the
action of the court of appeals OF Nlr-
ginia on such appeal from the commission
in making the rate is itself legislative
and not Judicial and that it likewise is
subject to be inquired into. and If 1t
violates any constitutional right of the
carrier, is subject to be eujoined IN the
circuit court of the United States. The
supreme court further held. however, that
as the state of Virginia had given TINS
right of appeal from the commission, the
final legislative word of the state IN re-
snect TO the rate is not said until the
state court of appeals says 1t. and that
under those circumstances 1t IS proper
for the carrier, before going into the red
eral court to see if the state court OF
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
ARBITRARY ACT
OF HITCHCOCK
SUPREME COURT OF THE UNITED
STATES RULES AGAINST HIM
IN STRIKING NAMES OF INDI-
ANS FROM ROLLS.

Washington. November 30.--By a de-
cision of the United States supreme
court today declaring as arbitrary and
unauthorized by law the action of Sec
retary Hitchcock in removing from the
Cherokee rolls on March 4, 1907, the
names of John Il. Gildsby, Ida Allison
and George A. Allison 1900 persons will
now share in the division of lands of
that tribe in Oklahoma. 1t is estimated
that at least million dollars worth of
property is involved.
The case was brought by the three
persons named in the supreme court of
the District of Columbia as test of
the secretarys jurisdiction in the mat
ter.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01

tives of the government and 9 Q ard
some of them agree that wha = = had
proposed was not right. | to Q 'res-
ident of the United States Ca years
ago that in passing the pres q = srstate
commerce act without chan . Sher-
man act he was inviting a. deal Of
trouble. Now, he will probably recon-
mend-at least I think that he will rec
ommend-the very thing which l sug-
gested.
There are two things which menace
the prosperity of the country. idle money
and idle labor The one is as mis-
chievous as the other. IL should be the
object of the government to create a
condition where both may be used prop
erly and fairly.
THE outlook for prosperity was the
general topic for discussion at the din
ner, Paul Morton, formerly secretary of
the navy; Cyrus II. Mccormick, the we'll
known manufacturer, and President
Nicholas Murray Butler of Columbia uni
versity being among the guests and
speakers. The tone Of the addresses was
markedly optimistic, the keynote being
set by Paul Morton, who, in his speech.
insisted that the chief menace to the
country was that it might travel too
rapidly along the path of prosperity.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
"white Slaves" Deported.

Chicago, November so.-rhe first de-
portation of alien white slaves as a
result of the governments crusade be-
gan today when DR.. Daniel ID. Davies,
chief immigration inspector at Chicago,
left the city for New York with fve
French women. The women will be sent
back to France. They were brought here
by Alphonse and Eva DuFour. who, fol-
lowing g. raid, escaped to Paris forfeit
ing their bond
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
MITCHELL is ON TRIAL
: ON SERIOUS CHARGE
Former City Treasurer and Alderman of Thomasve
Indicted for Attempted Criminal Assault on One OF the
Most Popular Young Women of the Town-Evidence
Against Mitchell Is Extremely Sensational

country place in a dense piece of woods
where he had a cottage that had not been
occupied for years.
In this cottage was found a trap gun
that guarded the entrance and In the
walls of the rear room auger holes had
been bored for the purpose of defending
the place from the rear.
Miss Linton was rescued after she had
fought desperately with her abduetor on
a lonely country road two miles from
the city by farmer who heard her cries.
Today she testified that she recognized
the voice of the alleged negro woman
as the voice of Mitchell and also identi-
fled a womans skirt which she swore the
abductor wore on the afternoon she was
kidnapped as skirt she had often seen
the wife of Mitchell wear.
Mitchell eRtered a plea of not guilty
to the indictment and a demurrer was
fled but overruled. The trial, which
probably will consume several days, is the
most sensational in this section of the
state.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01

washington, November So-The ques-
tion whether the wages of seaman can
he garnisheed was decided today in the
negative in the supreme court OF the
United States in connection with the case
of James L. Holt, assessor and collector
for the First taxation DIVISION OF Ha"ai
against the lnterisland Steam Navlgaton
company Holt sought to attach the
wages of seaman named Tullett, who
was in the employ of the navigation com
pany. The Hawaiian court held that un-
der the law this could not be done and
the supreme court affirmed that judg
ment the opinion being by Justice Day
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
RICHARD II. LINDSAY Is
DEAD AT WASHINGTON

Mr.. Lindsay were passed tonight by the
Washington correspondents and by the
board of governors of the National Press
club of Washington, of which he was a
member. A meeting of the Gridiron club
will be held tomorrow for the purpose
of passing resolutions and appointing pail
bearers and Il committee to attend the
funeral. AS pail bearers to represent the
correspondents the following were ap-
pointed:
d. II. Macadam, Otto Carmichael, An
gus McSween ana Maurice Splain.
The funeral will be held from the late
home of the deceased at o'clock Wednes-
day afternoon. The services will be con-
Quoted by the Rev. r. d. Powers of this
city Tnterment will be in Rock Creek
cemetery, this city.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
INDICTMENTS FALL
THICK AND FAST

Philadelphia, November 30.-State Sena-
tor James p. McNicol, leader Of the
republican organization in Philadelphia,
was indicted by the grand jury today on
a charge of criminal libel preferred by
Max Kaufman, former secretary to
Mayor Reyburn. Kaufman in turn was
indicted for perjury.
The case grew out of the political war
of 1905.
The grand jury also handel down bills
of Indictment on charges of criminal
libel preferred by Mayor Reyburn against
E. A. van Vleckenburg and several edi-
tors and cartoonists of the Philadelphia
North American. The mayor testified that
he had been crminally libeled by series
of editorials and cartoons.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01

Washington, November SO-Richard Fl.
Lindsay, Washington correspondent of the
Kansas City Star, one Of the Oldest of
the Washington correspondents. died here
today at his home. MIR. Lindsay was
taken sick at Hot Springs, Va, a week
or ten days ago. He returned to his
Washington home on Saturday. From
that time he gradually grew worse until
the end came today. His illness was due
to a complication of kidney trouble and
Indigestion.
Mr.. Lindsay was a member of the
Gridiron club. and a member Of a stand
ing committee of Washington correspond
ents.
Resolutions of regret ON the death of
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
Barry Is Acting Governor.

Havana, November Ex-Governor Cen
eral Magoon, accompanied by Col. E. II.
Crowder, judge advocate at Havana, and
Capt. j. A. Ryan of the Fifteenth cav
airy left this afternoon for the United
States. He was escorted to the steamer
by many American and Cuban officials
Major General Barry will serve as acting
governor during Governor Magoons alb
sence.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
PRESIDENT AIfaro returns.

Quito. Ecuador, November so.-Presi-
dent Alfaro returned here today after a
short visit to Guayaquil, whittier he went
to seek change and rest on account of i'll
health
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-01
DEATH LIST MAY
NOT EXCEED 100
ONE HUNDRED AND TEN BODIES
HAVE sEFN TavEN FFcM u .E
AT MARlANNA, WHERE ExPLo-
SION OCCURRED LAST WEEK.

Pittsburg, December /. - One
. hundred and twenty-four bodies OF
: the victims of the mine disaster at
: Mariana had been recovered at
Z 80 o'clock this morning, and the
searchers expect to find but few
others.
John II. Jones, president of the
: company. was at the hour men
toned down in the mine and sent
Z word to the surface that he be-
Z lieved there were but two more
: bodies in the debris, and that
2 work would not cease until these
Z were found.
The Tupelo journal., 1908-05-08
Trustees Sale Notice.

Pursuant to the provisions of a GER
tain deed of trust executed by Anthony
Fielding and his wife, Mandy Fielding, en-
the 4th day of February, A D 1907, to
secure certain indebtedness therein
mentioned to Charlie Carson, which
deed OF trust is duly recorded
in the Chancery Clerks Office of the
county of Lee, Mississippi, in Deed Rec
ord Book No. 70, page 301, and which
note and deed of trust were on Septem-
Der 2. 1907, transferred to c. P, Long
by Charlie Carson, | will, as trus-
tee in said deed of trust, on the 1st
day of June, A D 1908, at the Court
House door IN the city OF Tupelo, with
in legal hours, offer for sale at public
outcry. to the highest bidder for cash,
the following described property, viz:
Commencing at a point where the
present Tupelo and Ellistown public
road enters Lot No. 3, in Block No. 5,
in the S f / of Section 30, Township 9,
Range 6, and running North with the
meanderings of said road 60 feet, thence
East 100 feet, thence South so feet, to
the south line of Lot No 3, thence
West 100 feet, along said south line of
Lot No. 3, to the beginning point, sit
uated in Lee county, Mississippi, and
being the house and lot now occupied
by Anthony Fielding and wife as a
home.
Such title conveyed as is vested in
me as trustee aforesaid,
This the 4th day Of May, AID. 1908.
S. p. CLAYTON, Trustee.
The Tupelo journal., 1908-05-08
Robert Cox.

On March 31st the soul of Robert Cox
crossed e the river Of death, into
the beautiful home beyond. He was
born in Blackwater, Hants, England.
April 9th, 1928. In 1845 he was mar
ried to Mary Turner. and IN 1870 he
came to Columbus, Hiss, and one year
later his wife and children Joined him.
and with them he moved to Verona,
near which place he spent the remain
ing years of his life. He Joined the
Established church of England in his
youth. afterEhe came to Verona, he
united with the NJ. E. Church at this
place, of which he lived a member until
his death He was a consistent chris
tian in his daily life of late years he
had not the pleasure of attending
church services, but he was ready and
waiting for the Masters call. He leaves
a devoted wife, eight children and a
host of grandchildren and great-grard-
children to o u his irreparable loss.
May our Father who doeth all things,
comfort them in their grief. and MAY
the aged wife and dCso'cd son, who
wa such a comfort to Inn N his old
age, look up to Christ and say ''Not
my will Lord, but thine be done" Nav
we all SC live that we may meet him in
Heaven.
One who loved him,
MAY T. COX.
The Tupelo journal., 1908-05-08
Notice of First Meeting of Creditors

In the District Court of the United
States for the Northern District Of
Mississippi In the Elstern Division in
Bankruptcy. In the matter of w.
w. Turner and w. F. Jordan, com
posing the firm of w. w. Turner Co.
voluntary bankrupts.
To the creditors of w. w. Turner
and w. F. Jordan of Tupelo, in the
county of Lee and Division and Dis
trict aforesaid: Notice is hereby Civ
en- that on the 1st day of May, A, D
1908, the said w. w. Turner and w. +
Jordan, as a firm and individually. wer,
duly adjudicated to be bankrupts, ant
the first meeting of their creditors will
be held at the city of Tupelo in Lee
county on the goth day May, A. D. 1908
at 10 O'Clock in the forenoon, at which
time the said creditors may attend
prove their claims, appoint a trustee
examine the bankrupts, and transac'
such other business as may properly
come before said meeting.
This the End day of May. AID. 1908.
JNO. A. DAVIS,
Referee in Bankruptcy.
The Tupelo journal., 1908-05-08
John Holloway.
Her Cousin,
GERTIE HARRIS.

John Holloway was born in Tennes-
see, january, LIST 1910, and died at the
home of his son, jeff Holloway, three
miles east CT Tupelo, April 28th 1908.
At the age of ten years, he moved
to PrenCiss county which he made his
home until 1902 when he moved to Lee
county where he resided until his death.
When the call for volunteers was is
sued in 1860, he was among the first to
respond and served his country we'll
throughout the war. He united with
the Baptist church, in Prentiss county
where h. remained Ia member until
God called him nome.
In early life he was united in marri-
age to Miss Margaret Blasingame, who
with several children have preceded
HIM to the grave. AS a soldier he was
brave, as a husband and father devot-
ed, as a neighbor kind and true.
@To his children we "a only say, look
up and make your calling clear and
election sure.
The remains were laid to rest at Mac
edonia cemetery, funeral services were
conducted by Rey Fayette Rains.
A FRIEND.
The Tupelo journal., 1908-05-08

By virtue of the authority conferred
on me, the undersigned trustee, in a
certain deed of trust given on the 10th
day of September, 1907 by M. T. Aus
tin to J. P. Smith, to secure certain in
~debtedness therein set forth, which said
deed of trust is of record IN the Chan
Gerry Clerks Office of Lee county, Mis-
sissippi. in Deed Book "a, on page liz
of the Record of Deeds, reference to
which is hereby made, and which said
deed of trust has been transferred by
said j. P. Smith to r. A. Barnes, So.
Barnes and d. T. Barnes. and default
having been made in the payment of
said Indebtedness and having been re-
quested so to do by the said benefici-
aries, | will on May rs, 1908, before the
Post Office Door in the town of Moores-
vile, Mississippi, within legal hours,
offer and expose for sale and sell at
public auction, for cash, the following
described property, situated in Lee
county, Mississippi, to-wit:
The gin and all fixtures of every kind
belonging thereto, now situated on the
S w ! of Section %, Township 8, Range
7 East. and including two (2) acres on
which SAID gin now stands, of equal
distance around same and including the
road and right of way as it now is.
Witness my signature this the 22nd
day of April, 1908.
5-1-3t ]. O. FRY, Trustee.
The Tupelo journal., 1908-05-08

The care with which we handle our
stock insures goods in perfect condi-
ton. We want to sell you good drugs.
POUND, KINCANNON-ELKIN co.
The Tupelo journal., 1908-05-08
Executioners Sale.
c. C.. Monaghan.

btA w. w
VS..
c. c. Monaghan. Cost $2.65.
BY virtue of the above stated execu-
ton to me directed by b. A. Curry and
Justice of the Peace of the county of
Lee and state of Mississippi, | will on
Saturday, the 10th day of May, 1908,
at Nettleton, within legal hours, ex-
pose to sale at public ortcry, to the
highest bidder. for cash, all the right,
interest and claim the defendant, C. C.
Monaghan, has in and to a certain
house and lot of one acre of land de-
scribed as follows: One acre of land
in a square in the South East corner of
the South J of Section 7, Township II,
Range Z, East, which has been levied
on as the property of the said defendant
and will be sold to satisfy the judgment
therein and ali costs.
j. w. BUTLER,
Constable.