davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1908-11-11
No BAIL FOR MORSE
INST STAY IN TONBS.
Circuit Court Of appeals Tphoids
Ruling of Trial Judge.

,-,s-,s. " Morse must stay in the Tombs for
,r,e present at least Judges Jacomhe. Coke and
ward Of the United states Circuit Court Of Ap-
,esls decided that the papers submitted TO them
bv Wallace Mscfarlane. Morse's counsel, old not
-.-rsrt the release Of his client in bail. This mo
,;on uss denied without prejudice to its renewal
s+ter the bill Of exceptions is fled. which means
that Morse still has 4 chance to get out on bail
Pending the ding the bill Of exceptions. which
-ju doubtless take time 10 prepare. Mr.
NacfaTlsne viii probably apply fo- an extension
o4 the stay OF proceedings, which was granted for
o,lv ter days by Judge Hough when Morse
sentenced He may also resort TO habeas corpus
proceedings but IL .s likely that any Of the
circuit Court judges will admit the convicted man
70 bail because Of the denial OF the application by
she United States Circuit Court Of Appeals after
hearing tire arguments of both sides.
The announcement that he would not be admitted
hail taken philosoph.cally by Morse, and
he 20 sleep early in the evening without any
comment TO the courts action The keepers
said Morse was taking his medicine with the same
cool nnatter-of-fact demeanor that in former days
characterized his dealings with other of
finance. His only expressions of sorrow. thus far.
have been for his family
The announcement made after the conference Of
the judges OF the Court Of Appeals follows;
The trial Judge having heard the application TO
admit 70 ban and denied il, we not prepared on
the papers now before TO make any different
disposition Of the
fhe motion IS denied without prejudice to its
breakfast yesterday morse was NlSieco ~
eI-Ccngressman Lttleheld Of his counsel Mr.
1AttehGd remained with his client for about fifteen
minutes Clifford H Walker also of counsel called
next, and remained long time
Shortly after II o'clock Mrs. Morse and Harry
Morse arrived at the Tonbs- After showing her
pass Mrs Morse went into the matron's room,
where she searched She did not make any
r-ouolatnf as she did the previous day After leav
,ns the room she was Joined by Harry Morse VINO
had also been searched. and the two went upstairs
70 the counsel room, where Morse was "allns lot
New-York tribune., 1908-11-11
TRY TO BREAK PHONE MONOPOLY.
First Step in Court Move by independents
Taken in Dubuque, La.

According to dispatches received in Wall Street
Yesterday from Dubuque Iowa, the first step the
big lega-indusrrial battle between the independent
telephone and the Bell companies has been
taken by the filing there Of bill of equity in the
United States Circuit Court seeking TO have the
sale of a majority of the stock of the Dubuque
Telephone Company Gndependent) the Reu
terests set aside the ground that it is in
straint of trade under the antitrust laws and
tends TO give the latter interests monopoly in
local and interstate telephone business from Du-
buque.
general movement the part of the independents
TO break the Bell monopoly. The petitioner in the
case is Q. 9. Snider, vice president and general
manager of the Kansas City Home Telephone Com
pany, and minority stockholder in the Dubuque
Telephone Company.
New-York tribune., 1908-11-11
WITH PILES OF LOOT. BOYS TO BOOT.
Were Captured in Thrilling Raid That Tnree
Patrnlnien Bravely Made.

-ho,r4 Jesse James and Diamond Dick ano
orb.r famous men have furnished many thrilling
,eIes 20 the authors facile pen. they still might
5esrn thing or two If living in this city ny Ieho-
,7r both their eyes and 10 this exciting oi'ty
Brave Sergeant William Sullivan, with trousers
neatly creased bestrode his trusty old hay mare
md through ssth street. east, betook his stately
measured wav. when there he chanced 10 spy TWO
xl,ultfnz Youths who seemed 70 wear manner
-arber sb without e glance 10 right or left tne
sergeant rode away, and summoned four more
+r,1stv cops TO come and Join the fray
The sly,5lkirg lads were quickly seized. copper
80 each one while toward the house they'd
guarded 4-otrer three began 10 run They entered
through window. and the sight which met thei
-here would drive honest citizen 10 swear ana
tear his hair. The water pipes snd chandeliers
e-d not Of many kinds we're piled in heaps euch
es = .,copper~ very rarely finds The walls and
floors were ripped and torn, the ceilings rent apart
sn fact the interior bespoke the looters an
with pistols drawn and stealthy tread the cop
vers- climbed the stairs. while from their heads
sn stiff array rose several thousand hairs The
second foo- was like the first and not unlike the
rafrd The fourth and fifth we're looted, too but not
sound was heard On went the three determined
--o7s- their tread more s1ealfhy grew. while over
IL their faces spread very sick]y hue At last
,,,,o- the torrnoet floor within a darkened room,
rhe- pounoed upon eight trembling kids, all
covering in the gloom. OF very, very tender age
ere al these led YOU see. the Oldest owned TO
3-st sixteen, the youngest three times three
Around 10 51st street TO the station house, you
IroE the ''coppers" marched the looters in long
rspsnrant row There was Johnny Heinz ano
Charles Malone and Isidore Perlmutter, and VIII
HcCIoin. who is. they say. sometimes incllheo I"
stutter. Carl Kruger. too. and Mike Dlnda win
1i,,rs Jo,- CIinavan as well Jim Mclaughlin.
81 we're anchored IN that haven Joe EnriSht
sp5 Joe Kelly complete the little band, all mus
tered st -he station by the Laws majestic hand
The eldest three all past sixteen in Yorkvile court
,o-dav will all confront the magistrate. the penal
.ses "a nav with al the other seven Of this very
,-outhf1l band the Chdren's Court will deal to
kav with stern unainchng hand And when at
last they're all released the rumoT goes around,
+e fathers stern with slippers armed, will at the
r he found.
New-York tribune., 1908-11-11
NUGENT INDICTMENTS SUSTAINED.
One Against New Jersey Democratic Chair
man. on Registration Charge. Set Aside.

Trenton. Nov. 10 (SpeciaD-Three Of four indct-
ments found by the grand jury of Essex County
against James r. Nugent chairman Of the Demo-
cratic State Committee and involving alleged
frauds in connection With the election OF 1901.
sustained =, the Supreme Court day fourth
tndictmen charging Mr.. Nugent and several as
socates with conspiracy to procure Illegal regis
tration OF voters. set aside by the same court
Yesterday because Of technical defects.
The indictments which were sustained include one
charging conspiracy to procure Illegal voting and
Two charging Mr. Nugent and other defendants
with abetting Illegal registration. The indictments
were attacked certiOTar proceedings. and unless
other steps are taken to them aside the de
PENDANTS will be put trial in Essex County.
New-York tribune., 1908-11-11
OBITUARY NOTES.

MAJOR SIDNEY w TTIAXTER, considered one
~ the most noted officers from Maine in the Civil
War. In which he served with the 1st Maine cav
airy died Yesterday after long Illness or cancer
at Portland. He leaves a wife and three sons.
GENERAL SAMUEL CHAMBERLAlN, or Barre
Plains. Mass. a veteran of the Mexican, lnoian
and Civil wars died at st. vincent's Hospital
Worcester Mass Yesterday. from infir1nities Incl
dent 80 old age He born in 1927.
MRS HARRIET HARDING TEN EYCK, wife of
William II. Ten Eyck, Republican leader of the Sza
Assembly District. died yesterday at her home NO
37S Mott avenue The Bronx. The funeral VIII pe
held on Friday at p n.
New-York tribune., 1908-11-11
OBITUARY..
AIVAN T. PAYNE.

Alvan T. Pavne, lawyer, and for many years
connected with political and public atars III
Queens County died on Monday at his country
home Stony Point n Y after long illness. Mt
Payne was born in Suffolk County sxty-nine years
ago. Although Democrat in politics ne was &C
tive in the reform movements in Queens county
and several times ran for office or reform uckets'
In 1875 Mr. Payne was elected to the Assembly
Five vesrs later on tie reform ticket he ran for
District Attorney against the late benjamin W
Downing but was defeated. Mr.. Payne was also
a candidate for Surrogate of Queens County IN IS'o
and defeated by only Que vote ne seiNeU o
CORPORATION Counsel of old Long Island Clty anu
was a member of several clubs and the Queens
County Bar Association. He leaves four sons
New-York tribune., 1908-11-11
TO PROBE SUPERVISORS.
Schenectady officials Brother 4c-
cused of Using Assumed Name.

schenectady y. Y. Nov. 1o.-At the request OF
County Attorney W. Dewey Doucks and com
,ittee of prominent citizens, State Controller MAJ
sin Il Glynn will send examiners 10 tnls CITY -
- - i,xsstieate the affairs of the Board OF
sune-1isors Bids were opened to-day for ene
construction of a $4,000 courthouse, but the aNaru
,nz OF the contract was deferred for ten GAYS a.
she request Of the citizens committee NO oeliii
charges have been made against the board
E5o-ace s 2. Vandenberg brother Of the County
<super5ntendent OF Construction and Repairs was
arrested this afternoon the technical charge o.
,zoing business under assumed name he Is a'
the head Of engineering company " "hlcn 1t Is - al
leeed has never been incorporated, and the cialhs
~ which against the county for engineering work
have been ordered paid by the Board Of super
New-York tribune., 1908-11-11
MALoNEY CASE AGAIN.

A L. HuFnes who counsel for Martin Ma
Ioney in the action for the annulment OF his
daughters marriage % Arthur II. Osborne, said
Yesterday that he knew nothing OF paid adver-
tisement in the newspapers yesterday that Miss
Maloney would not marry Samuel Clarkson. This
advertisement read:
ARKSON-MALONEY-Th marriage between
Mr Samuel Clarkson and Helen. daughter OF
Martin Maoney, of Philadelphia, will not take
place.
Advices from Philadelphia say that the marriage
will not take place because the ecclesiastical court
st Rome has declined to approve the legal annui-
roert of Miss Malonev's marriage TO Osborne
New-York tribune., 1908-11-11
TRAIN HITS AUTO: FOUR KILLED.
Special Hits Machine Which, It Is Said. Car
ried No Lights

Red Bluff, Cal. Nov. 10-In collision tonight
between an automobile and q locomotive four per
sons we're killed and one slightly injured.
The dead are Mr. and Mrs. George K Willard,
their daughter Olive. and Mrs Irene Hayes. Miss
Inogene Willard hurt.
The automobile CARRYING the Willard family and
Mrs Hayes was struck by the locomotive Of \
special train carrying General Superintendent
Young and several division superintendents of the
Southern Pacific company tour of inspection.
The four slain persons were thrown two hundred
feet Miss Willard was thrown on the COW
catcher and escs ped with cuts and bruises
Trainnlen say that the automobile carried no
lights
New-York tribune., 1908-11-11
SOLDIER KILLED BY NEGRO.
New Yorker Dies from Injuries Received in
Brawl in Oklahoma

T.aOtor. Okla. Nov. 19-Private Wilcox. Of the
fst Field Artillery from Fort Sill died to-day in a
Ia,gton hospital from injuries inflicted, it is said
shortly after midnight by Paul Williams a negro
l.. a fight between negroes and soldiers in d dis
orderly quarter Of Lawton. Soldiers 1t Is said had
entered A negro house and robbed Margaret Young.
a neeress She followed the soldiers and began
scufling for her money. and Williams. it Is said,
fired among the soldiers. wounding Wilcox who
had not been connected with the robbery Williams
escaped Wilcox had been in the army ten months
having come TO Fort Sill from New York.
New-York tribune., 1908-11-11
TWO REAR ADMIRALs AT NAVY YARD

The unprecedented situation of two rear ad-
noirals being at the Brooklyn navy yard at one
time will to-day with the arrival OF Rear
Admiral Caspar Z. Goodrich. commandant Of the
navy Yard after his European trip. Rear Admiral
Adams who mas been acting in the formers ab-
sence. will receive the returning officer. but will
leave Rrooklyn shortly efterward- He will be as
signed to some temporary post until January y
1eos when Rear Admiral Goodrich Will retire
,ra,y officials EXPRESS the belief that Rear Admiral
Adams will then be appointed 10 the place
New-York tribune., 1908-11-11
cAg DRIVERS. STRIKE RUMoRED.

A meeting of the striking oheuffeurs Of the New
York Taxicab Company was held last evening at
Washington Hall Eighth avenue, near 41th street
REPRESENTATIVES. of the Liberty Dawn Association
of Coach Drivers whose agreement with the Liv-
cry Stable Keepers Association expired about a
month ago and has not been renewed. attended
The question Of a sympathetic strike of the coach
drivers. il said by some who attended was
discussed and demands viii he made on the livery
stable keepers this week but others denied that the
Question came up at all.
New-York tribune., 1908-11-11
BURGLAR TOOK MUSICIAN ALONG.
While Violinist Played in Front of House
Thief Piled His Art.

While clever street violinst held the attention
of Mrs Henry DooIey and her children, of No 54S
Van Cort1andt Park avenue, Yonkers. at the front
10 their home yesterday, confederate went to the
rear of the house and cut out d panel from the
kitchen door, entered the place and stole about
$500 worth of silverware from the dining room ana
800 from Mrs. Dooley's bedroom.
Immediately after the musician departed Mrs
Doolev discovered the burglary and reported 10
the police who searched the neighborhood for the
thief. but no of him could be found. The
musician also disappeared.
New-York tribune., 1908-11-11
PETER 9. M'cORO.

Peter b McCord, cartoonist Of The newark
Evening News died from pneumonia AT MS HoA,l
No 100 South 9Th street Newark, yesterday he
,,a baa, a, one week Mr. McCord was about
forty wears old and was born in Missouri ne was
employed on newspapers in st. LOUIS ana fi nc
delphia, and went to Newark about esnt year
ago He had Just written and illustrated d 'N uoo
entitled The Wolf" Mr.. McCord fnar''su -.
oars eeo 'gis wife and two children survive him
New-York tribune., 1908-11-11
COLUMBIA RESTAURANT DOESN'T PAY

University control Of Coumbias dining hall and
commons has met with success from q fnan-
cia1 point of view, at least according To report
for the month of the college year. issued yes
rerday by {. r. Jones, 09. the undergraduate man
ager Although the commons has been in opera
+ion only seven weeks there is already deficit Of
sosq The total expenses for this period were
20H g. while the receipts only s1032 81 This
expense includes OF transferring the equip
rnent used by the former management
New-York tribune., 1908-11-11
DR.. BULL SOMEWHAT BETTER
Brighter, Say Physicians-out of Immediate
Danger

Or. William T. Bull spent comfortable day
yesterday and brighter last night than ne
has been in the last two weeks according bull
letins issued at the Hotel Plaza, where he has
apartments
DR.. Joseph 4. Blake, of the attending phy-
sicians. said that. while patients condition
serious he in immediate danger
New-York tribune., 1908-11-11
CONVENTION AT VALE.

New Haven Nov 10.-The sixty-second annual
convention OF the Delta Kappa Epsilon fraternity
will omen here tomorrow night under the auspices
os the Vale chapter. This is the first time since
~. 4o,,o,s Civil War convention that the mother
cba,ter at Yale has acted host The annual
dinner will be field in New York on Friday evening
New-York tribune., 1908-11-11
ON cuARD IN SATURDAY PARADE

Major Charles y. statler, commandant Of the Old
cuard has ordered the battalion to assemble at the
orr,or,- I'm fun winter uniform at Ii a. on Sat
,lr,Iay to parade ny invitation of the Prison snip
Martyrs Monument Association Of the United
states and by order OF Major General Charles +.
Roe They are 10 take part in the dedication or
a. prison Shin Martyrs Monument. in Brooklyn.
New-York tribune., 1908-11-11
MRS HENRY w. TAFT SAILS.

grs Henry ". Taft sister-in-law Of the Presi-
6e,,-e,ert. and her daughter. Miss Louise Taft'
,-er. Messengers yesterday the outgoing Kaiser
Wilhelm II They viii travel extensively In Europe
sr6 TIE Near East Mrs TAFT said the trip hao
sss- DELAYED 10 await the result Of the elecuon'
and that she and ner daughter Wouio return ID
t--,s for iraugurstinr.
New-York tribune., 1908-11-11
lNcLls WILL CONTEST DISMISSED.

The contest over the win of the late James Smith
IngIis was ended yesterday when Surrogate Thomas
smicsed the case
Mrs Louis Inglis. the widow, the proponent
of the will. and she and her daughter viii now III
vide most of the estate
New-York tribune., 1908-11-11
125TH EPISCOPAL CONVENTION TO-DAY.

The Episcopal Diocese of New York will hold its
I25th convention to-day the opening services to be
I'm the crvpt of the Cathedral of ST. John the
Divine on Morningside Heights. al 10 O'Clock. The
business sessions of the convention will he held in
SYNOD Hall in the Cathedral House. II Will be the
first convention held under Bishop David H Greer.
who Is the seventh holder of that office in the do
case The bishops reception will he held this even
ing ar the home of DR.. Greer, No. : Gramercy Park
II is believed that the questions Of cOadjutor and
division Of the diocese viii come up, but that
neither viii be acted upon.
The Washington herald., 1908-01-29
A Calamity for the Nav, .

The commissioned personnel of the navy
Is confronted with the demoralizing pros
pect of ineradicable stagnation. 1t has
just been discovered. apparently. that the
provision made some time ago for an in
crease in the number of midshipmen at
the Naval Academy will produce an UNI
.precedented output of young naval Off
GERS who are destined to furnish the
service within the next ten years with not
less than 200 officers. Most OF these
have no more cheerful outlook than that
of fulfilling their missions and completing
their career of thirty or forty years after
graduation from the Naval Academy with
no more exalted rank than that Of lieu
tenant junior grade. The situation prom
ises to surpass in blighting severity the
traditional old lieutenant of artillery of
former days when it was Of record that a
first lieutenant OF artillery had son who
was captain Of cavalry-so impeded was
advancement in the artillery arm.
There is nothing which so breaks down
the spirit of an individual in the military
and naval service as the hopeIessness
of his position. It is a form OF hardship
which the officer finds the least bearable
and the most discoUrag ing. It is this
certainty Of the stoppage Of promotion in
the navy which now claims some official
consideration in the way of relief, If the
graduates Of the Naval Academy for the
next ten or twelve years. TO say nothing
of those thereafter, are TO be protected
from something which must be regarded
as very like a disaster in It's effect upon
the contentment. the means OF reward for
services performed. and, therefore, the
discipline Of the service.
II is quite evident that among the
problems which must now engage the at
tention Of those who have to do with ma
val personnel administration. there els
nothing more important than the protec-
ton of the mIdshipmen who are being
turned out at the Naval Academy as
qualified for service in the commissioned
grades of the navy, and who will find
themselves confronted with no more
cheerful outlook than remaining junior
officers while they are Old enough to be
rear admirals in command Of fleets. Il
would seem 10 be necessary therefore.
that the appointments TO the Naval
Academy should be reduced In number
year by year to prevent this demoralizing
stagnation. Perhaps this may not be done
without offending Congressman and Sena-
tors, who are naturally not inclined 10 sur
render any of their privileges Of appoint
ment 1t win be better to do that, how
ever. than maintain classes OF 800 mem
bers at the Naval Academy with the
schance TO appoint only a third Of the
graduates after the government has in
CURED the expense Of a six-year course OF
training. If there must be a cut" il
would be better to apply the exclusion in
the first instance.
The Washington herald., 1908-01-29
The Erdmann Law Decision.

The Supreme Courts decision invalidat-
ing that section of the Erdmaln act for
bidding interstate carriers TO dismiss from
their employ members of labor organiza-
tons on the ground OF such membership
cannot be regarded as in any true sense
a blow at labor or at labor unions. in
spite Of the fact that legislation having
for it, object limitation Of an employer
right to dismiss has been thought de-
sirable by many labor leaders. For, as
Justice Harlens opinion points out. the
right to strike is the cOrrelative Of the
right to dismiss, and If the one were cur
tailed it could hardly be denied with JUS
tice that the other should not be In fact,
this principle is recognized in contracts
between employer and employees where
in it is agreed that the former shah en-
ploy only members of a specified union
and the latter that they shall not strike
during the continuance of the contract
Moreover if Congress has power to pro-
tect railroad employees from dismissal. 1t
has the cognate power to forbid strikes
affecting Interstate commerce, where such
strikes are without adequate cause. II
equality OF rights is to be disturbed at all
it must be by an equality of restraint So
that if members Of labor unions desire IN
maintain the right TO strike unimpaired
they must see the necessity of legislative
noninterference with the right Of dis
missal. for the one thing goes with the
other. The strike is labors best remedy
for abuse Of the right to dismiss.
Congress, however, has no constitutional
power TO prescribe the relations between
Interstate carriers and labor organizations
under the commerce clause. That is the
most significant feature Of the decision
In UNFOLDING liberty Of contract, the
court applied familiar precedent to a
novel case, but in its Interpretation Of
the commerce clause delimited the au-
thority of Congress over d subject-matter
which a greatly overworked provision Of
the Constitution had been invoked to
cover. The power to regulate commerce
has boundaries, not yet well fixed. but
which are being laid down by the Su-
preme Court, and one of the bounds is
that legislation regulating interstate COM
merce must have some real or sub
stantial relation to or connection with
the commerce regulated" In the opinion
Of the court, there is no such relation be-
tween an employees membership in a
labor organization and the carrying on OF
interstate commerce. Thus Congress is
given to understand that when it enacts
legislation TO regulate commerce. the
legislation must have something more
than a theoretical bearing on commerce
among the States