davidaulloa/AmericanStories huggingface dataset:
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
DENIED APPEAL
IN OIL fine CASE
DeClSIOnReVOkIngS
Fine is Sustained.
U. S LAWYERS CRITICISED

Federal Court Of Appeals Denies Gov
srnments Application Fer Rehear-
ing Of Famous Relating Case.
Court Says Il Has a Right TO Ex.
pect That Counsel VIII Not Misuse
Legal Terms to Spread Misinforma-
ton to Attract Wide Public Atten-
ton.
Chicago. Nov. 1.-THE governments
petition for a rehesring OF the case in
which the United States circuit court
OF appeals reversed the judgment I'm
ing the Standard Oil company. Of
Indiana. 500 .240. 900 for rebating. was
denied in the court OF appeals.
Il is authoritatively stated that the
government will now attempt 20 bring
the matter before the supreme court
on a writ OF certiorari.
The governments petition sntimated
that n the opinion OF the Judges OF the
appellate court - Grosscup. Seaman
and Baker-were allowed to stand. it
would nullify nearly every shred OF
rate reformatory legislation OF the
Roosevelt administration.
The petition closed with a state
ment that II that opinion were permit
ted 10 stand unmodifed IT would tend
10 encourage discbedience 20 law, 10
impede the enforcement OF salutary
statutes. and largely TO defeat their
purposes"
In its opinion overruling the petit
ton for a hearing the appellate court
meets the points raised by the gov
eminent. and in closing pays its re-
spects 90 Attorney General Bonaparte
and other counsel who signed the pc
ution:
Courts have the right 10 expect
that counsel accustomed to practice in
the courts OF review not only know
the meaning OF legal terms constantly
In use in discussions and opinions OF
these courts. but will not misuse such
terms TO spread mislnformation TO-
speeding a judgment to attract wide
public attention.
a remark the germaneness Of
which that, In the nature OF the case.
is bound the bar OF the country will
perceive when we say that all that
has 20 be done 20 obviate the objection
made Is TO insert a clause so that the
portion OF the opinion objected TO will
read. a view OF the law that Is en-
bodied In the charge, and carried out
in the rulings, excluding. ss a result
Of the charge on that point. the prof
fered testimony OF one Edward Bo-
gardus.'
In addition 10 this slight change,
Judge Baker amplihed the original
opinion by two paragraphs, classifying
the courts opinion as to what consti-
tutes a separate offense. and dealing
with the governments contention that
corporations may use another 10 COM
nit ofense, thus escaping punish
ment
Immediately upon the overrullng OF
the petition District Attorney Sims ap-
piled for a stay OF mandate. which
was granted. thus leaving the case stin
before the court Of appeals pending the
governments attempt to have il taken
before the supreme court
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

associates are trimming their sails
so 70 speak in accordance with the
recent anti-Negro decisions OF the u
nited States Supreme Court.
They will never remember being
reversed by that tribunal. so long as
they continue along the lines marked
out and the present supreme tribu-
nal remains as # is now constituted.
Judge Coz INDUCES in the policy OF
evasion which has become such a
characteristic Of the decisions OF the
Supreme Court at Washington. We
are frank to state that we have never
expected any other result from this
case. although there were thousands
OF colored people. VINO iadulged in
rainbow chasing in the direction Of a
United States Court.
Judge Emory Speer of Georgia is
rather a remarkable character, in
that judicial reverses by a higher tri-
bunal 30 not AFFECT him so long as he
believes ne is right and he gives
counsel an opportunity as well as the
annoyance Of appealing in all cases
where he rules in favor of human
rights.
Hon. John S. Wise Of New York
and James II. Hayes. Esq. and J. c.
Carter. we believe were counsel in
this case. They did their duty and
the responsibility is with the court.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

THE PLANET is issued weekly The Eubscrip-
don price is 80 per year IN advance.
There are four wave by which money can b
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MONET oRDERs-You can buy Money orovr
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CYPRESS MONEY ORDERS can b. obtained
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rstion Of time Tor which e. has been paid are
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Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
GAIN III FARM CROPS
Estimate Shows An Increase of 8 Per
Cent over Last Year.

Estimate Shows An Increase of 3 Per
Cent over Last Year.
Washington. Nov. 1.-THE depart
ment Of agriculture issued a prelim-
mary estimate OF the production OF
the principal crops of the United
States. = shows that corn. wheat
oats and eight other crops. represents
ing approximately 20 per cent OF the
value of all farm crops this year. ag-
gregate about per cent greater than
a year ago and "a per cent greater
than the average for the past 1--WE
years.
For other crops the following ag-
ures are given for 1908 and 1897 re
spectively:
Production percentage OF apples.
4S.4 and S21; grapes. S2.2 and rs 4:
pears. 1873 and 44.3; cranberries. 55.4
and 1872; peanuts. S2.e and s2.4. Con.
dition percentages OF oranges. $50 and
4.6; lemons. 929 and 1913; sugar beets.
Sc and 9O.4; sugar cane. 9S and Oil.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
ANOTHER ADVERSE DECISION,

The United States Circuit Court
handed down an opinion Thursday.
November 9Th, 1908 in the Brick
house case. This suit arose out of
the refusal Of the election judges
William Jessop and c. T. Brooks to
allow a colored citizen named Brick
house to vote in a congressional cleo
ton ia 1902 and was in the nature
OF test case. relative to the validity
Of the unconstitutional" constitu-
ton OF Virginia. The opinion shows
that Judge Nathan b. Con and his
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
what country pweIlers Need

A third Of our population is urban;
the rest is more or less rural What
the country dwellers need 10 make
them happy are religion, education
and material prosperity. The farms
cannot employ as many laborers per
acre as they did before the coming of
agricultural machinery. Therefore
they must either raise fewer children
or export some OF their population to
the citics.-Harper' Weekly.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

note made on Sunday is void
Contracts made on Sunday cannot be
enforced. A contract made with a
lunatic is void. a note obtained by
fraud or from person in a state OF
intoxicat!on, cannot be collected. Sig
natures made with a lead pencil are
good in law. Value received" IS usu-
ally written In a note and should be,
but is not necessary. II not written.
1t is presumed by law, or may be sup
piled by proof
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
EMPRESS NOT DEAD

Dowsaer Of China Is Very III, How.
ever.
Pekin. Nov. IA false rumor OF
the empress dowager's death was IN
circulation. The empress Is not dead
but she is very Ill
The emperor OF China. who has
been suffering for nearly two weeks
from an Intestinal disorder. is worse
His majesty refuses foreign medical
aid or to take foreign medicine. He is
unusually weak
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

to secure either that objective or any
public right" We concern
ourselves only with the inquiry
whether the first section of the Ken
lucky law can be upheld as coming
within the power of State over its
own corporate creatures. We are OF
the opinion that It does come within
that power"
The weakness Of this legal position
should be apparent to the most mex
perienced person in constitutional
law. There is no declaration that
the charter OF Berea College has been
legally amended. II has been estab-
lisned though that the legislation
was a species Of class Legislation and
that it does impair and substantial
~ defeat the object of the grant and
rights vested under It.
Justice Harlan, that prince Of
jurists." in his vigorous and enter
tanning style strips Mr.. Justice
Brewers argument OF all of its soph-
istries and exposes it to the keen
analysis Of an aroused public opin-
ion. Here is the report:
Responding to some OF Justice
Harlans structures, Justice Brewer
said:
" There is no force I'm the sugges-
ton that the statute. although clearly
separable. must stand or fall as an
entirety on the ground that the Leg
islature would not have enacted one
part unless it could reach all. That
the Legislature of Kentucky desired
20 separate the teaching OF white and
colored children may be conceded,
but it by no means follows that II
would not have enforced the separa-
ton. so far as Il could DO so. even
though IL could not make &c effective
under all circumstances
In other words. IL is not at all
unreasonable 10 believe that the Leg
islature. although advised before
hand Of the constitutional question.
might have prohibited all organiza-
tious and corporations under its con-
troi from teaching white and colored
children together. and thus made at
least uniform official action
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

DR.. Charles William Eliot rendered
70 the board OF overseers Of Harvard
college his designation as president OF
the university and at meeting held
at so State street. Boston. the resigna-
ton was regrelully accepted by the
overseers. He has held the ONCE for
forty years.
DR.. Eliot's resignation Is TO take ef-
feet May 10 next. and In the interim
the governing boards will select his
successor.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Pulls Nine Teeth For One.

Unable 20 reach dental ONCE and
suffering untold torture from an ach-
ing tooth, James Ridley. residing in a
remote part OF the farming district
of Lackawanna county. Pa, himself
extracted nine teeth with a pair Of
pineers before he secured the right
one. Ridley. for a greenhorn. made a
fairly good job OF II, but his gums
were badly swollen and bleeding.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Turkey crop to Be a Short One.

Bridgeville. Del, Nov. 1l.-Turkeys
never have been so scarce as they are
this year, the recent heavy rains hav-
ing killed OF whole focks OF young
birds. and as a result few farmers
have any of them. Already they are
being offered at 25 cents a pound,
with but few of these offers being &C
eepted.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Explosion Costs An Arm

Isaiah Roe. son of Deputy Sheriff
Ashby Roe. OF Gore. Winchester
county, Va. lost his left arm and his
face was horribly cut and burned by
an explosion OF dynamite with which
he was trying to thaw out o traction
engine. He was also injured internally
~ the force Of the explosion. an # is
believed he cannot recover. He Is
twenty-four years old and unmarried.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

Colored folks see knives and forks.
cups and saucers. crepes and laces,
machines and cooking utensils. but
not one In a hundred ever think of
finding out how they are made and
raise one penny towards the manu-
facture or production OF even one OF
the many millions OF utensils so ne
Cessary TO our civilization. To send
a people without this vital informa-
tion 70 either Africa OF 10 the North
Pole would be a criminal absurdity.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Miss Ethel Nearly Thrown.

Miss Ethel Roosevelt was riding
behind the hounds in the Genesee
Valley clubs fox b1nt. at Genesoe,
n. Y, when her saddle horn slipped
as her n cunt was taking fence. The
thoroughbred became fractions. and it
looked for moment as though Miss
Ethel was in for bad tumble. Harry
Wilson, OF GeneseO. dashed up in time
TO put Miss RoOsevelt's horse under
control
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
And again:

"Contendiug that &c would prove
imuracticahle and unsatisfactory 90
separate corporate from private
schools. Justice Harlan, I'm his dis
senting opinion said the court
should meet the entire question
s0uarely and decide whether 10 is a
crime. under anv conditions, 20 edu-
cate white children and Negro chill
dren 40 the same institution. He did
not conceje that 30 should be so re-
garded.
Have We ne asked. become so
inoculatei with prejudice OF race that
an American government, professed-
IS based on the principles OF freedom
and charged with the protection Of
all citizens alike. can make distinc-
tiou between such citizens fin the mat
ter OF their voluntary association for
innocent PURPOSES simply because o.
their respective races2 Further. II
the lower court be right then q State
may make 90 a crime for white and
colored persons 60 frequent the same
market place at the same time or
appear Ga an assemblaCe OF citizens
convened TO consider questions OF a
public or political nature. In which
an citizens. without regard 90 race,
are equally Interested
Many other Illustrations might
De given 20 show the mischievous
not 20 saw cruel. character OF the
statute iu question and how inconsis-
tent such legislation is with the great
principle OF the equality OF citizens
before the law
Justice Harlan added that he did
not wont 90 DE understood as criti-
Giving the system OF separate public
schools for the races. but that his
ccneure was directed no the penal
provision OF the Kentucky law In
volvcd On this case. He considered
10 unconstitutional"
This then was n keen. practical
analysis OF most important ques-
tion by a great constitutional jurist
His dissecting knife OF criticism has
laid hare the fallacies Of Mr.. Justice
Brewers argument. specifically call
cd an opinion and 70 shows to the
American electorate everywhere. the
color bias that exists In the Supreme
Court of the United States. II Mr..
Justice Brewer Is correct. then white
teachers should be barred from in
structing Negro pupils in every state
In the Southland.
Certainly II It is a criminal con-
tamination for white and colored
be educated then 1t is criminal con-
be educated then it is criminnl con-
tamination for white teachers to sit
In the same school-room TO instruct
them.
We do not subscribe to this argu-
ment that white teachers should not
be permitted 10 instruct cOIored pu-
pills. but we are showing to the pub
lie the logical deductions 10 be drawn
from such a wretchedly absurd decis-
ion as the one just handed down by
the Supreme Court OF the United
States at Washington.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Bursting Boiler Wrecks steamer.

North Bay, Ont. Nov. II. The
steamer Temiskaming was approach
ing the landing at Temiskaming when
the boiler exploded. wrecking the
steamer and causing the death OF at
least five persons by explosion OF
drowning. Several passengers and crew
were hurled into the water by the
shock and many are injured.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
@zomsn.s iarxnx Cut Out.

Baltimore. Nov. 11.-Dr. Chevalier
Jackson. throat specialist, OF Pitts
burg. at the Frank Memorial hospi.
tai. has removed the entire Isrynx
from a woman patient 1t is reported
that the patient is doing nicely. The
woman had for long time growth
in the larynx. and lately It had in
creased to such proportions that it was
with great difficulty that she was able
to breathe.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Morse Gets IS Yeas; Quits Set Free.

Morse Gets IS Yeas; Curtis Set Free.
From cell in the Tombs prison
IN New York city Charles w. Morse
now directs the efforts OF his counsel
TO secure his freedom. he having been
sentenced 10 serve fifteen years in the
federal prison at Atlanta. Ca. for mis-
application CT the funds OF the Ma
uonal Bank of North America and
making false entries in the books Of
the bank Alfred H Curtis, former
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

We have received the Proceedings
of the Eleventh Conference for Edu-
cation in the South" Memphis. Ten
nessee.. April 22-2S. 1905. II con-
tains much interesting and valuable
information for both the white AMI
the colored races.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Fatally Shot His Father.

Fearful lest his father strike his
mother. whom he was pursuing with an
axe. Ernest T. Hayes. twenty. shot and
fatally wounded II. T. Hayes at Bel
mont, suburb OF Charlotte, N. c. The
trouble IL is alleged grew out OF the
demand for money which he had given
his wife. When the demand was re-
fused the man seized an axe and pur-
sued his wife.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Bio Rattleshin launched

Amid the shrieking of steam whis-
ties, the Tapping of flags and the
cheers Of a crowd of invited guests
and shipyard officials and employees.
the new battleship North Dakota sid
on the ways at Quincy. Mass.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
orders Nineteen LoeomotIv.s.

II is announced that the Richmond.
Va. branch OF the American Iocomo-
tive co. has been awarded the con-
tract by the Virginian railway for
nineteen locomotives. When the pat
terms and material have been received
all OF the shops will be put in full
blast again. giving employment to
1000 skilled workmen.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

II we could get one young colored
man in ten 90 look out for his own
welfare by accommodating money and
engaging In some profitable business.
lectures upon the race question would
be unnecessary.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

We received an invitation to at
tend dinner to DR.. Henry Clay Cress
at Let's. 1854 wabash Avenue. Chi
cago. III. Friday evening. November
6, 1908. Owing TO the distance, we
have decided TO attend It next time.
Mr.. Thomas Wallace Swami. Chair
man; DR.. E. d. Brown. Secretary;
Mr.. o. NJ. Henderson. Treasurer.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
CRUSHED TO PULP BY STONE
Landslide at Quarry Horribly Maneies
Boy Worker

Lambertvilie. y. j.. Nov. l1.-Fran-
els Cuizzio, eighteen years old, en-
ployed by the Delaware River Valley
Construction company. at its quarry at
Moore's station. three miles below
here. was instantly killed by a land
slide OF stone. He was literally mash
ed TO a pulp.
II was the most horrible accident
ever known in this vicinity. Owing 10
his condition it was necessary to bury
him 1T onoS
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

Supreme Court decisions at Wash
ington cannot affect MS one-tenth as
much as hostile legislation at the
capitol in Richmond.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
SATURDAY. NOVEMBER Il. 'os.

The election Is over and the col
ored folks can now have time TO OBJ
serve conditions and make money.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Killed On His Way to Get Work.

Harrisburg. Pa. Nov. 11.-Charles
Johnson. OF Lucknow, near this city,
was struck by Pennsylvania limited
here and killed. He was on his way to
get work when killed.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
First President Of Cuba Dead.

Thomas Estrada Palma. the first
president OF the Cuban republic. died
Wednesday night at Santiago. Cuba
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

Eutcrvd At The ro-s Omce At Richmond. Va
- ~oud cln.a matter.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

POSTAGE STAMPS or A HIGHER DRNOMTNA-
Ton THAN TWO CENrS not RECEIVED
on SUBSCRIPTIONS.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

Petroleum Next 20 Geld.
Next TO god petro'el-n is the most
valuable product ~ California.
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
Receipt That
CURES
Weak Men
FREE.

Any man who suffers from nervous debility,
loss of natural power, weak back or failing
memory, brought on by excesscs, dissi-
patton, unnatural drains or the follies CT
youth, may cure himself quickly and
quietly right in his own home with
simple prescription which
1 Win Send FREE, In a
Plain, Sealed Envelope.
This prescription comes from q physician
who has made a special study OF men, and
! am convinced 10 il the Surest Ecting COM
bination for the cure OF deficient manhood
and vigor failure ever put together.
MIR. a. Z. ROBINSON.
'9oT Luck Building Detroit Mich
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

All communications intended Dor publication
should b. sent 80 ~ 70 reich - by "Wednesday
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

published every saturday by JOHN MITCHELL.
JR., AZ Sll \. Fourth Street. Richmond. Va
Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14

soHN MITCHELL. JR-. EDITOR
The Washington herald., 1908-03-07

TRINITY CHURCH "a and c sts. nv. ReT Rich
ard Z. Williams Rev. Lionel A. Wye. Sunday,
80. H. 6; daily 80. l2:5. As; Monday. Nednes-
day. Friday. T. m; Churchman'S League lee
ture. Tuesday. D. m
ST. ANDREWS CHURCH. 18th and Corcoran sts
NV. Rev. George Calvert Garter. n A. rector.
Rev Jesse r. Becknen. Rev. Wm. NJ Pettis.
D. D.. oirates. 20 a. m. Holy Communion IL
g. n, morning prayer. utsny. and sermon : p n.
eTensong and sermon.
CHRIST CHURCH PARISH. Georgetown Church
s. W. cor 5Ist AID . SIS. Rev. James II. ".
Blake. rector 80 A. m. Holy Communion: 80
a m. Sunday school; II a m, ful service and
sermon by the rector; 3 20 p- confirmation lee
ture: 20 p m. evening prayer and sermon by the
Res. William 7. Snyder.
ST MARKS ID and A sts So. Rev Dr. ". l.
De Vues Rer. Joha Fl. Deis. Rev. p. II. Pres
cotr cleEgy. Z 20 and II a. m. and Z 20 p. m
CHURCH OF THE GOOD SHEPHERD 9Th and
sts ne Rev. C. 5. Abbott and Rev W. \.
Pierson. clerU- Holy Communion. 80 a. m.
Sunday school. SO a. n; service and sermon. II
a m: choral evensong. with illustrated lecture on
The temple in the tine Of Christ, 80 p n
Confirmation lecture. 40 2. m evening prayer
and sermon b the Rev. George n. Me'IreV,
D. D., 80 p. m.
EPIPHANY CHURCH. 6 ST. bet 18th and 18th.
Rev H. II. MeKim. D. D.. rector Holy Com
munion. a m: services. Il a. m. and 2. m
SUNDAY school. 80 A. m and .. n. Rev. Reese
+. Alsop. d. d. VIII preach At II. Right Rev ].
n. Horner, D. D.. Bishop o. AsheEille VIII
preach al g.
MIDDAY LENTEN SERVICES FOR BUSY
PEOPLE. CHURCH OF THE EPIPHANY. G.
s.. 18th Services each weekday, except Sat
urday beginning promptly az = O'Clock. closing az
rs sharp. Speakers Tor next week. Monday.
Rev. J. Henning Nelns. Pro-Cathedral. Washing
ton: Tuesday. wednesday. and THURSDAY, Rev.
William NJ Clark Richmond. Va. Friday. Rev
George F. Dudley. ST. stephens. Washington.
Everybody welcome. Seats free.