davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03
ONE on THE SCHsIITZ OBJECTIONS

The next step after the return Of an indict-
tnent essential 10 due process is the arraignment
Of the defendant, 81 which time the indictment
Is read and he is called upon TO plead. He may
1T that time. instead Of entering a plea OF not
guilty, demur TO the Indictment. which fneans
that lie may make any objection 10 its validity
which appears upon its face. and the court in
passing upon that objection consider no fact
except those alleged in the Indictment and such
other facts only as are within the judicial knowl-
edge OF ell courts.
on lis arraignment Schmitz demuued on
riOus grounds 10 the Indictment charging him and
Ruef Jointly with the crime Of extorticn. Among
ne objections urged by him at that time was
This. That the facts stated 10 the Indictment
did not constitute public ofense, the meaning
eud roiut OF which was that the Indictment did
not allege all the elements or ingredients Of the
crime Of ext0rtion defined by the statute, and
epeclfeally that il did not allege q threat TO do
an unlawful injury
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03
/ POOR RULE BETTER THAN NONE

When such persons that the strict enforce
ment of such rule has caused what they deem
a miscarriage of justice In particular case they
think 1t would have been better if the court had
refused TO apply it, forgetting that IL it were
once allowed that court might ignore or set
aside the rule It would cease to be erue; that
one deviation would beget others; that il would
be applied with greater or less strfctness accord
ing 20 the temper and inclination OF the particu-
lar judges; in short that the rule would mean
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03

Tapestry Brussels Rugs that
are a whole lot better than
we ever expected to sell at
this low price. Just what Is
wanted where it Is unneces-
sary to spend more. Room
size Ingram Rugs now offered
at )nly 1915. At both stores.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03

New Curtains for the
spare room. Nottinghams
with plain centers and
figured novelty border
designs. Regular $3.50
grade, reduced 0EA
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03

An article of timely interest by H. A.
Evans, Y. s. N, on the significance OF
the great fleets presence in the Pacific,
appears in the May Sunset. -
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03

not complete unless property is obtained by
means of q threat to do an unlawful injury.
2. 1t is not unlawful TO oppose and prevent the
issuance Of license to retail Intoxicating liquors
unless the means employed are unlawful
3. The indictment against Schm1tz and Ruef
could not be construed to allege threat to pre-
vent the issuance of the license by unlawful
means, and the motive of the threat could not
make that unlawful which aide from the motive
would not be legal injury.
4. This last proposition upon which the whole
case turned, has been the settled law of Califor
mia ever since the case of Boyson vs. Thorn, de-
cided 10 years ago.
8. A valid indictment Is essential to due
process of law, and the constitution of the state
and of the United States, which every Judge has
sworn TO support, forbid the deprivation of lib
erty except by due process of law.
WHAT WAS NOT DECIDED
This is what was decided and the reason for
the decision. 1t not decided as so many
good people have been induced to believe, that
the acts popularity imputed to sSchmitz and Ruef
and which the prosecution claim TO have proved
did not constitute the crime OF extortion.
1t has not been held that there is anything
wrong with the law, but only that there has been
failure to charge the acts which the law makes
punishable. and that there be valid con-
yiction without valid accusation.
There remain subsidiary or collateral
questions to be noticed, some that suggested
by your letter and others that have been asked
by more. than one correspondent who preferred to
remain anonymous
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03

one thing in one forum and something else in
another, and perhaps bear a different meaning
for different offenders in the same forum
They forget that if the integrity of a rule of
procedure imposed by the legislature is once i'm
paired by allowing that its enforcement is in the
discretion of the judges. that discretion may be
unwisely, arbitrarily oppressively exercised.
and that the certain result will be multiplied
ton of the sources of uncertainty and contention
in htfgated causes; in short, that it would breed
evils than it would ever cure, for none
know better than those familiar with legal pro-
cedure that even poor rule is better than no
rrln
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03
JUST WHAT THE COURT DECIDED

have now I think. fully answered your ques-
ton as TO what decided in the Schmitz case
and why that decision was unavoidable. and I
will briefly recapitulate:
J. The particular crime Of extortion involved
IL the SchmitE case as defined by the statute is
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1908-05-03
MIsTAKEN as TO SCOPE


And. finally. it must be said these cavilers
forget that when rule of statutory law is to be
abrogated qualified II is for the legislature to
enact the repeal; or modification.
But many no doubt share the opinion of my
anonymous correspondent that the legislature has
licensed the courts of this state TO set aside or
relax all rules of procedure by the provisions of
section $50 of the penal code and the similar pro-
visions of sections 1858 and 1904 If So they
are entirely mistaken as to the scope and effect
Of those provisions, which relate only 10 matters
of form not affecting substantial right, such
the night secured not only by numerous provisions
of the penal code. but by the constitution of the
state, to be tried only upon formal accusation
lin writing which charges every clement of the
statutory offense
There is much more that might be said In this
connection, but my letter is already too long,
and only desire TO say in conclusion that while
in my opinion there are many respects In which
oiir code of procedure might be greatly improved
in the direction of simplicity, the rule requiring
certainty and precision in information and indict
ments is wise and necessary one. The cases
are very rare in which any difficulty is eype
arienced in complying with the rule and the mis-
chief resulting from an occasional failure is
trifing compared TO the mischief that would
suit II the rule were set aside in favor of the
discretion Of courts Sincerely yours
W. H BEATTY.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26
A Predicament Reversed.

THE late Bishop Fowler" said a
Buffalo Methodist, was a broad-mind-
ed man. Bigotry he abhOrred. Creek,
he claimed, should never hedge one
good Christian from another Sincere
creeds, no matter how diverse, should,
on the contrary, bind Christians to-
gether.
Bishop Fowler used to tell about a
young Detroit couple, John Smith and
Hannah Jones.
John Smith was a Presbyterian
Hannah Jones was a Baptist. They
hesitated about marrying because they
feared that in later life, when the lit
tie ones came, religious disputes might
arise. Thus the years passed. Neither
would renounce his church. John
Smith grew bald and Hannah Jones
developed lines about her mouth and
eyes. It was a complete deadlock, the
world said.
Then John was sent abroad for
year by his firm to buy fancy goods.
He and Hannah correspOnded regular
ly. Toward the years end, by re-
markable coincidence, each received
from the other letter, the two letters
crossing in the mail. They said:
Dear John: The obstacles that stood
in the way of our marriage have at
last been removed. This day l was
received in full membership in the
PRESBYTERIAN church.-Hannah.
dearest Hannah: We have no
longer any ground for delaying our
union further l united myself this day
with the Baptist church.-John. =
Washington Star.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26

either on Long Island or in New York.
You will always be sure of a well
come. Very truly yours,
Theodore Roosevelt.
When he wrote this letter, Mr..
Roosevelt was just finishing his second
year as an unpopular reformer in the
New York Legislature. He addressed
il to Simon n. d. North, editor and
statistician. Mr.. North was then
managing editor of the Utica Morning
Herald, and had commended Mr..
RooSevelt's course in the legislature.
Twenty-four years later found Mr..
North in President ROOsevelts admin
istration as director of the census.
Will those politicians, petty and great,
who cringe and fuss, and scheme, and
lie awake nights, and curry favor with
this interest and that, to keep a des-
perate and slippery tail hold on popu-
lar favor, see the pOint?-Colliers
Weekly.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26
RooSEVELT'S EARLY CAREER.
His Belief That There Was No Po-
IiticaI Future For Him.

lIlCdl vi
Real light on Mr.. Roosevelt is shed
by a private letter which has come
into our hands, and which has more
personality than many of the presi-
dents longer documents:
State of New York, Assembly
Chamber. Albany, April 20, 1884
Dear Mr.. North: | wish to write you
a few words just to thank you for
your kindness toward me, and to as
sure you that my head will not be
turned by what l well know was a
mainly accidental success. Although
not a very old man, l have yet lived q
great deal in my life, and l have known
sorrow too bitter and joy too keen, to
allow me to become either cast down
or elated for more than a very brief
period over any success or defeat
l have very little expectation of be-
ing able to keep on in politics; my
success so far had only been won by
absolute indifference as to my future
career: for l doubt if any one can
realize the bitter and venomous hatred
with which l am regarded by the very
politicians whO at Utica, supported
me- under dictatiOn from masters who
were influenced by political considera-
tions that We're national and not local
in their scope.
l realize very thoroughly the abso-
lutely ephemeral nature of the hold l
have upon the people, and the very
real and positive hostility l have ex-
cited among the politicians. l will not
stay in public life unless 1 can do so
on my own terms, and my ideal,
whether lived up to or not, is rather a
high one.
For very many reasons | will not
mind going back into private life for
a few years. My work this winter has
been very haraSSing. and | feel both
tired and restless. For the next few
months | shall probably be in Dakota,
and l think l shall spend the next two
or three years in making shooting
trips. either in the far west or in the
great northern wOOds-and there will
be plenty of work to do, writing. If
you are ever in or near New York, let
me know, and l hope to have the
pleasure of seeing you in my home,
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26
I. w. JOHNSON.
WINTHROP COLLEGE
Scholarship and Entrance
Examination.

m HE examination for the award OF
l. vacant Scholarships in Winthrop
College and for the admission of new
students will be held at the County
Court House on FRIDAY, JULY 3 at
a. m. Applicants must be not less
than fifteen years of age. When Schol-
arships are vacant after July they
will be awarded to those making the
highest average at this examination,
provided they meet the conditions
governing the award. Applicants for
Scholarships should write to President
Johnson before the examination for
Scholarship examination blanks.
Scholarships are worth 800 and free
tuition. The next session will open
September 16, 1908. For further in
formation and catalogue. address Pres
ident d. B. JOHNSON, Rock Hill, S. G.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26
II. w. SPECK.
The Only Chance

Why not trade at the poor
mans store? 1t is the only one in
town run to serve the working man
open from a. m, until 8 p. m, and
run by a man that will accommodate
and thank you for your trade. While
don't keep everything, 1 keep very
nice line of stuff all the time, and
thank every one for their trade as ev-
cry little helps.
1t is no use TO tell you about my Mar
ket, as every one knows l keep the
BEST MEATS the country affords.
There amt a man, woman or child in
town but what likes to trade with Old
GeOrge-He treats 'em right.
Say, if you want to be happy in this
world, marry an old maid, buy Beef
at Sherer's Market, and drink Crack
er-Jack Coffee-that's all.
I work so hard, but never have a cent,
Takes all get to pay the niggers and
the rent:
Say, if I can't get a start in year or
1 will get a job as clerk, that's what
I'll do.
Yours to serve,
OLD GEORGE,
The Butcher.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26

THE BANK HOLIDAYIST-Tired and
dusty the excursion was returning
from the Bank Holiday trip, and Sim
kins, a little bald man with big ears,
overcome with his day of happiness
dropped off to sleep. In the hatrack
above another passenger had deposited
a ferocious crab in a bucket, and when
Simkins went to sleep the crab woke
up, and finding things dull in the
bucket started exploring. BY careful
navigation Mr.. Crab reached the edge
of the rack, but the next moment,
down it fell, alighting on Simkins's
shoulder. Not feeling quite safe, it
grabbed the volumiOus ear of Sim
kins to steady itself, and the passen-
gers held their breath and waited for
developments. But Simkins only shook
his head slightly.
Let go, Eliza" he murmured. Il
tell YOU l have been at the office all
the evening. ."-Tit-B Bits.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26

No USE BOTHERING.-An engineer
from Sunderland was spending few
DAYS in London with a friend, and af-
ter a busy morning sight seeing the
LondOner chose a large restaurant for
luncheon. thinking it would be nov
el experience for the man from the
north.
The visitor appeared to enjoy his
luncheon. but kept looking in the di-
rectiOn of the door.
What are you watching" asked his
friend, rather annoyed.
Well" was the quiet reply. AS
keepin' an eye on ma topcoat.
"Oh. don't bother about that" said
the other. You don't see me watch
ing mime
No" observed the guileless engi-
neer. thee has no call to. It's ten
minutes sin thine went. Philadelphia
Ledger.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26

THE INSPECTORS DOUBLE.-"HoW
many seed compartments are there in
an apple?" he asked. No one answer
ed. And yet" continued the school
inspector, "all of you eat many an ap-
pie in the course of a year and see the
fruit every day, probably. You must
learn to notice the little things in ma
ture."
The talk of the inspector impressed
the children. and at recess the teach
er overheard them discussing it. A
little girl, getting her companions
around her, gravely said:
Now, children, just suppose | am
MIR. Taylor. You've got To know more
about common things. II you don't
you'll al grow up to be fools. Now
tell me, Minnie" she continued. look
ing sternly at a playmate, "how many
feathers are there on n?"-Phila-
delphia Ledger.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26
Veteran SpeeiaI-Special Train colum-
bic, s. c., to Birmingham, Ala, Via
Southern Railway.

Veteran SpeciaI-SpeciaI Train coIum-
bic, s. c., to Birmingham, Ala, Via
Southern Railway.
| Arrangements have been made with
Major General Thos. w. Carwile, Com
manding South Carolina Division,
United Confederate Veterans for
special train, Columbia to Birmingham
for the accommodation Of the Confed-
crate veterans and their friends who
desire to attend the Annual Reunion at
Birmingham, June 9th-11th, 1908.
This train which will be known as
the Veterans Special consisting Of
baggage car, high class coaches and
Pullman sleeping car, will leave Co
lumbia LAS p. m, Monday, June Sth,
going via Newberry, Greenwood, Green
vile, picking up veterans and their
friends enroute. The Abbeville delega-
ton will join the special at Hodges
and special cars from Anderson will
be attached to the special at Bolton.
This arrangement will enable veter-
ans from Orangeburg, Sumter and
points in the eastern part Of the state
also from Camden, Chester, to arrive
in Columbia on noon trains in time to
leave on the special at LAS p. m.
From Rock Hill, Yorkville, Blacks
burg, Union and Spartanburg, veter-
ans can leave on regular trains ar
irving Greenville 8.55 p. m, connect
ing with the Veterans Special" which
will leave Greenville 800 p. m, due at
Birmingham the following morning,
Tuesday June 9Th in time for break
fast, so that veterans can get located
before the opening session of the first
day.
The Veterans Special" will have on
board leaving Columbia, Major Gen
eral Carwile and members of his staff;
Miss Elizabeth Norwood Of Abbeville,
and Miss Bonham of Anderson, state
sponsors, will join the special enroute
and accompany the veterans to Bir-
mingham, and it is especially desired
by General Carwile that as many Of
the veterans as can possibly arrange to
do so join the special at Columbia or
the most convenient point enroute.
Those who contemplate joining the
special at Columbia will please COM
municate with B. H. Todd, Passenger
and Ticket Agent, Southern Railway,
Columbia, S. c., and those who expect
to join at Greenville, communicate with
T. p. p. Carson, Passenger and Ticket
Agent Greenville, S. c., stating wheth-
er accommodations will be desired in
day coaches or Pullman sleeping cars,
and how many there will be in the
party, etc.
Tickets will be sold at very low
rates from all points, June 9Th, 7th and
Sth, limited June goth, 1908. Round
trip rates from principal stations as
follows:
Abbeville s6.40; Anderson s6.4O
Blacksburg $S.05; Camden 1920; Ches-
ter $S.15; Columbia $S.55; Greenville
.6.S5; Greenwood $3.50; Lancaster
$S.75; Newberry $40; orangeburg
$50; Prosperity $7S5; Rock Hill
$S.55; Spartanburg $745; Sumter
$9.40.
Pullman berth rate Columbia to Bir-
mingham $3.50. If two people occupy
same berth, the rate can be divided ac-
cOrdingly.
See that your tickets read via South
ern Railway to Birmingham and re-
turn.
For further detailed information,
apply to Southern Railway Ticket
Agents, or address ]. G. Lusk, Division
Passenger Agent, Charleston, S. c.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26
LIFE IN THE MIDDLE AGES.
The Way In Sickness and Old Age
Was Pitabe Indeed.

was PItIable Indeed.
Concerning the life of poor people
during the middle ages a writer says:
In those bygone days Of feudal rule
the dwellers in the country were al
most invariably serfs, bound to the
estate on which they were born and
under the absolute rule Of the owner.
They were possibly better fed than at
the present day, for butter, cheese and
eggs were plentiful, and the fertile
soil of Italy supplied them with abun-
dance Of fruit and vegetables. The
poor man held his plot Of ground by
the tenure of so many days in the
year of service to his lord. But in
sickness or old age his case was very
pitiable, and we have curious proof
Of this in a letter written in 1865 by
the mother of Filippo StruZz, at Flor
ence. She is speaking of some old
people on her estate in the country:
'Piero and Monna ella are both alive
and infirm. / have overtiowed the
field for next year. and, as / must put
ii in order, those two old people, II
they do not die, must go and beg.
Heaven will provide This is no pass
ing thought of the good lady, who was
pious and highly esteemed, a friend
of the Medici, but it is a firm resolu-
ton in her own mind. A few months
later she writes to her son: 'Piero is
still alive, so he must put up with 1t
and go away and beg. 1t would be
best, of course, if heaven will take
him.. Apparently a merciful Provi-
dence had already provided for Mon
ma Cilia."
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26
humorous department.
Ultima Thule.

They were discussing wanderings
in wild and untraveled regions. 81
have been" said the first traveller,
where were only vast fields of ice;
where the foot of man had never be-
fore trodden: where human habitations
were unknown; where were only arc
tic beasts and birds, and where per-
haps. the echo of human voice had
never reverberated from the ice hum
mOcks."
1t was agreed that he had been in
an unknown and untried land.
Il have been," said the second, 'in
the heart of the jungle, where all was
a luxuriant wilderness of foliage;
where the lion was monarch of the
Businesses, where the Shiny folds Of
the constructor were occasionally Wis
ible from the trees; where the streams
trickled and flowed, their babblings
never before heard by human ears;
where the savage knew no habitation
but the caves, and where never before
was the earth trodden by human feet.
1t was agreed that he had been In
regions remote.
II have been," said the third, in
the midst of far mountains, where the
forests echoed no sound but their
own sighings; where the light of civ
ilization had never penetrated; where
the peaks had never known strife of
human endeavor; where the vast crags
and cliffs rose as they were fashioned
by the Creator, and where eagles alone
claimed dominion"
1t was agreed that he had been in
lonesome places.
Where have you been, beyond the
pale of civilizations" they demanded
of him.
Still he sat silent, thinking.
Speak" they commanded.
"I have been far, far, farther than
all of you," he declared.
Where" they asked in chorus.
II have been," he said, where there
were no souvenir postal cards"
1t was agreed that he had been fur
ther than all of them, indeed.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-05-26

CAUSE OF THE HUBBUB.-MrS. Boor-
man Wells, the noted English suffra-
gette, was describing at a dinner III
New York a very disorderly Suttra-
gette meeting.
The noise" she said. "Can only be
likened to a hubbub that | once heard
coming from the nursery of friend
with whom | was taking tea.
Terrified by this Internal turmoil,
nv friend and l burst intQ the nur-
sery. breathless. The children, i'm a
close group by the window, the baby
in the middle, looked up calmly.
What on earth are you doing?
the mother demanded.
We've found said the Oldest boy
moor grandma's teeth, and were fill
ing them down and fitting them on
the baby"