davidaulloa/AmericanStories huggingface dataset:
MinnesotskeÌ noviny. [volume] (St. Paul, Minn.) 1904-19??, 1908-12-10
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The Montgomery advertiser., 1908-01-17
TREASURER BOB TAT
 ASSUMES NEW DUTIES
Though Net Yet Formally Made Cus- todian of Cfty's Strong Box
 He Begins Work.


 Rabert Tait, who has offered his res- ignation as a member of the Council from Ward Five that he may accept the ofice of City Treasurer, to which he was elected recently by the Council, is not actually the Treasurer now be- cause his resignation has not formally been accepted by the Council, but he was nevertheless at work in his ofiice yesterday,
 The approval of Mir. Tait's bond of $4O.000 was announced by Mayor Teague some days ago. Mir. Tait's res ignation before the Council was not considered Monday night when 1t met in adjourned session. Probably 1t will be taken up and disposed of in the next meeting of Council.
 J. c. Cowan, Inspector of Licenses for the city, who has been acting as Treasurer since the resignation of R. S. Williams october 1. 1907. is still in the office and Is keeping affairs in shape until the new treasurer can take charge. Yesterday he and Mfr. Tait went over many matters of detail in the management of the city's finances and later Mir. Williams. who has assist ed Mir. Cowan whenever 1t was possi- ble, came in to advise with the others.
 Every visitor to the Treasurer's office yesterday had kind words of congratu- lation and good wishes for MT. Tait, whose election as Mir. Williams's suc- cessor delighted a large number of personal friends and admirers.
The Montgomery advertiser., 1908-01-17

against the State and suits against the State were forbidden by the eleventh amendment of the Federal Consultation. He brought out the decision of the Su- preme Court in the Pitts against Me- Gee case which held that proceedings against the enforcement of an act in which no State officer was charged with the duty of enforcing the act was a suit against the State. In many ways, Mir. Stringfellow advanced the claim that the acts under consideration fell within the purview of the act on which the Florence bridge case was decided.
 Judge Seeks Enlightenment.
 Judge Jones saying he was looii ing for some help asked if that doctrine had not been modified and changed by the decision of the same court in the case of Prout against Starr.
 MT. Strfngfellow said 1t had not The doctrine. he declared. still obtained and the rate acts fell within it. For un- der the new acts no power for the en- forcement of the acts was given to the Attorney General or the members of the Railroad Commission. And not be- ing specially charged with the en- forcement of the acts. an attempt to prevent their enforcement would be a suit against the State. The fourteenth amendment on which the records were relying. he said. did not destroy the force and effect of the eleventh amend ment on which the State was relying
 "I agree with you there," said Judge Jones. but what we are trying to do is to make each effective without de-
The Montgomery advertiser., 1908-01-17

ator Spooner's case ts different from that Of any other attorney who will appear before Judge Jones. He will speak for the Central Trust Company Of New York, as having q vital inter- est in the enforcement of the rate acts because the company Is the owner Of the mortgage bonds of the Central of Georgia Railroad.
 Mir. stringfeIIow Speaks.
 MT. Stringfellow. the first speaker of the day, was complimented on the abi1- ity and lucidity with which he present. ed his side of the case in the legal controversy. His argument was close and connected and followed even by the iaymen, who were in the court room and who were not supposed to under stand the more technical points which are involved. in the litigation.
 MT. Stringfellow's text was the Fitts against McGee case and he never strayed far from it.
 He said that the assurance of the court that it would not inquire into the motives back of the legislation was unnecessary for him. for he knew that the court would not do that. He dep- recated the idea that the State was making war on the railroads. To sus- tain this he quoted sections of the Gov ernor's message to show that the issue and the clash had been brought on by the roadss Mir. Stringfelfow took cog nixance of the claim of the adversary counsel that the penalties named in the bill were arbitrary and excessive and he denied those claims He de-
The Montgomery advertiser., 1908-01-17
TWO BRILLIANT SPEECHES
 MADE IN FEDERAL COURT
Horace Stringfellow for State; I. M.
 Cunningham for Roads.
Attorneys for Roads Richer in Authori- ties te support Their Position --Can Legislature AboIish ConstitutienaI Right
 is Asked.

Does the doctrine laid down by the Supremet Court of the United States in the case of Fitts against McGee re- tain it's original vigor?"
 To this the State of Alabama is wanting and hoping for an affirmative answer, in the Alabama cases now be- fore Judge Thomas G. Jones in the in- itial stage of their journey through the courts.
 Can a Legislature abolish a right guaranteed by the Constitution? To this the railroads are hoping for q negative answer from the bench.
 In these two questions are wrapped up the great issues involved in the rate litigation before Judge Thomas C.. Jones. The Supreme Court will ulti- mately say the final word on them, for lawyers in the case say that there are one of two points involved which need clearing up.
 But the rock of faith to the States attorneys is the Pitts against McGee case, which curiousiy enough is an Alabama case growing out of toll bridge over the Tennessee River at Florence. In fact. 1t can be said that the Fitts against McGee case is to the States attorney "a cloud by day and pillar of fire by night" They never wander away from it, and they never lose sigh of 1t. In a lucid and force fut argument yesterday, Horace String- fellow, of counsel for the State, di- verged a moment in replying to ques- tion from the Judge. but only for moment, when he said:
 Let us return to our long suffering friend, the Fitts and McGee case"
 The Legislation adopted at the Mo- vember session of the Alabama Legis- lature was written in the light of this case. The attorneys who prepared the railroad bills had 1t as a guide and chart. The first railroad acts of the Legislature had been enjoined. They were looking for some injunction proof laws. They were busy conceiving some acts which could dodge injunc- tions and achieve the purpose that was in the mind of the Governor. The doc- Urine elucidaded in the Fitts against McGee case loomed up full of prom ise.
 Doctrine of Famous Case.
 That doctrine stated in an awkward way, is that suit to restrain the en- forcement of State law, when the Legislature did not specially charger some officer with the enforcement of that law. is a suit against the State a thing forbidden by the constitution.
The Montgomery advertiser., 1908-01-17

He repeated his original position (that he did not conceive it possible that an act of the Legislature could rob a provision of the Constitution of its binding force.
 At the conclusion of the argument of Mir. Cunningham the court adjourned until s:30 o'clock this morning.
The Montgomery advertiser., 1908-01-17
sucCEssrUL RnVTVAL.
Interestlng Services BeEng Held at
 West Fad.

Rev. ". J. Ray, an evangelist under the auspices of the Baptist State Board of Mississions, is holding a series of re- vivai services at the West End Baptist Church. The meetings have been in progress since Sunday and have been the means of much good and several new members of that young church.
 The meetings are announced to con- tinue for some days yet. the hours for the services have been changed. how ever. There will be no morning ser- vices in the future, this service taking place at o'clock in the afternoon. The night hour. T:30 o'clock, will re- main the same.
 The services will be held every day until announcement to the contrary :s made from the pulpit. West End cars run past the church. The public is cordially invited to be present.
The Montgomery advertiser., 1908-01-17

nied. too, that the laws showed any at- tempt to exclude the roads from the Federal Courts.
 Mir. Etringfeliow advanced and ar- gued the right of the State to fix the rates of the roads. That right could hardly be denied. nor was it denied. as he understood it. The State had mere ly exercised that right and the suits had followed.
 was that the suits were in effect suits
The Montgomery advertiser., 1908-01-17
Canteloupea In Madison.

Huntsville, Jan. Especial. )-@ The Madison County Canteloupe Asso- citation has so far signed pledges for ITS acres to be devoted to the culture of canteloupes next season. If the first season proves to be successful to those who engage in the enterprise. there will be at least 800 ina the asso- citation next year.
The Montgomery advertiser., 1908-01-17
raneral of STra. Underyyooa.

The funeral Of Mrs. EIisa Anne Un- derwood. who died after a long ill., ness at a local hospital on Wednes- day night. will take place this morn- ing at 10 o'clock from the First Chris tian church, Elder J. Ri. Barnes ofn- ciatlng.
 Interment will be in Greenwood.
The Montgomery advertiser., 1908-01-17
FUNERAL or MRS. FIGH.
gnapFessive Ceremony Conducted from
 First Baptist Church.

First Baptist Church.
 The funeral of Mrs. E. Margaret Figh, widow of the late John P. Figh, who died on Wednesday afternoon at her residence, No. 72e South Lawrence Street. took place yesterday morning at s11 o'clock from the First Baptist Church. Dr. Charles A. Stakely, pastor of the church officiating.
 Mrs. Figh was we'll known in Mont gomery. where she had lived for a number of years. Her death came at- Ger a long period of illness.
 The gentlemen who acted as palI- bearers were: Paul F. Dix. H. W. Par rish, John etratford, c. W. Ellis, F. c. Bennett and W. B. Davidson. Inter . ment was in Oakwood.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-03
AT The GRAND.
ssThe Red Mill.

'The Red Mill" the new comic onara
which is to be seen here for the first
time at the Grand tonight, Certainly
has been provided with all the ale.
ments of success. The music is bv
Victor Herbert, far and away the best
of the composers Of light music in this
county, and the book is by Mr.. Henry
Blossom, who has written clever dia.
logue in the past. The companv en-
gagged is from all accounts said To Ia
a mighty good one. The scenes are
laid in Holland in a little Dutch VIII
1age, and the piece is said to contain =
great many possibilities, of which
every advantage has been taken. "The
Red MiH'' will be presented here after
a seasons run at the Knickerbocker
theater, New York city, where it proved
to be one of the most important mu-
steal successes of many years. There
has already been big seat sale for
this good show.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-03


AN ACT making an appropriation to pay
the travelling expenses of the members of
the Tax Commission and the employees OF
said commission. in making appraisement
and assessment Of property for the year
Be it enacted by the Legislature of the
State of Kansas:
SECTION 1. For the purpose Of paying
the travelling expenses of the members of
the Tax Commission, the Secretary of
said Commission and other employees of
said commission, in making appraisement
and assessment of railroads and the prop
erty of railroad corporations. of telephone
lines. and the property of telephone lines,
Of telegraph lines and the property of tele-
graph lines. Of the property Of express
companies, sleeping-car companies. and
private-car lines, gas-pipe lines and prop
street-railroads, electric lines and proper
ty. as provided by law. the sum of twenty
five hundred dollars ($2500.0O is hereby ap-
propriated for the fiscal year, ending June
Both. 1905 out of any money in the state
treasury not otherwise appropriated
thorized to draw his warrants on the
treasurer for the payment of the expenses
specified in Section / of. this Act upon
SECTION g. This Act shall take effect
and be in force from and after its publ
cation in the official state paper.
I hereby certify that the above bill orig
mated in the Senate, and passed that body
W. J. FITZGERALD,
President of the Senate.
w S. KRETSINGER,
Secretary of the Senate.
Passed the House January 80. 1903.
j. s. SIMMONS,
Speaker of the House.
80 CHAS. STEIGER,
Asst. Chief Clerk of the House.
Approved January 81, 1908.
E. w. HOCH
Governor.
STATE OF KANSAS
Office OF the Secretary of State.
I. C. E. Denton, Secretary Of State, Of the
state of Kansas, do hereby certify that the
above and foregoing is a correct copy of
the original enrolled bill now on file in
my office.
In testimony whereof. I have hereunto
subscribed my name and affixed my Off
cial SEAL this LIST day of February. 1908.
C. q. DENTON,
lSealJ Secretary of State. =
BY J. T. BOTKIN,
Assistant Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-03


AN ACT empowering the Board of Coun-
y commissioners of the County of Wyan-
iotte 10 improve, macadamize and MAIN
tam a a certain public highway being sup.
lsss entitled .tAns-Act empowering the
county OF Wyandotte to improve and
maintain certain highways, and levy and
collect taxes for that purpose
State of Kansas NJ af-f
section l. That the Board Of County
dofte are hereby authorized and empow-
cred as soon as practicable to improve,
way extending from Wood Avenue to the
2ulndaro Leavenworth Macadamized
Hoad; to wit: Beginning at a point on said
w oou avenue south of Quindaro Gene
tery; thence northerly to the southwest
corner of said Quindaro cemetery
on Parallel Road; thence north along
Leavenworth Macadamized Road. The
entire length of said road being about one
and one fourth miles
section 2. That whenever said road or
any part thereof shall have been properly
graded and prepared, for naacadamizing
by the township board or road overseers
or by private parties, it shall then become
the duty of the county commissioners to
cause such portion thereof as shall have
mized. Contract for such macad amizing
TO De let to the lowest and best response
PIE bidder upon written specifications of
the County Surveyor, after giving thirty
days. publ. rotice.
Section 8. That the macadamizng of
saio road may be done in sections from
Time TO time as there may be funds pro-
Yided for that purpose, beginning at said
Wood Avenue and extending North there
from. =
Section T. 1t shall be the duty of said
Board of County Commissioners to ex-
pend In the Improvement, Understanding
and maintenance Of said road each year
until completed, such proportion of the
Two mill tax levy authorized by an act Of
the legislature of the state of Kansas in
1900 mt lAH A. A,f1
ing the County of Wyandotte to improve
ana maintain certain highways and levy
eha eles s taxes az for that being
De necessary therefor, not exceeding an
amount used and expended for other
roads Of like extent and character under
said act and other acts supplemental
thereto during each year:
Section s. This act shall take effect and
be enforced from and after its passage
and publication in the official state paper
1 hereby certify that the above bill orig
mated in the Senate, and passed that
body January %, 1908. -
w J. FITZGERALD,
W. S. KRETsINGER,
Secretary of the Senate.
Passed the House January 80, 1905.
]. s. SIMMONS,
cHAs. 'STEIGER,
Asst. Chief Clerk of the House.
E. w. HocH.
STATE OF KANSAS.
OFFICE of the Secretary of State.
!. c. e. Denton, Secretary of State of the
state of Kansas. do hereby certify that the
above and foregoing is a correct copy of
the original enrolled bill now on lie in
my office.
In testimony whereof / have hereunto
subscribed my name and affixed my ofri-
cia1 seal. this LIST day of February 1905
c. E. DENTON,
By J. 7. Bo = in -
Assistant Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-03
LEGAL.


the state Penitentiary during the fiscal
mands against the state.
SEC- z. The auditor is hereby author
lzed TO Draw his warrant upon the treasu-
rer In favor Of the said J. S. Dalziel upon
duly certified and itemized vouchers exc
cuted by the said ]. s. Dalziel in accord
ahce with the provisions of section /, OF
SEC g.. This act shall take effect and be
In forge from and after its publication in
the on1eial state paper.
hereby certify that the above bill orig
lnated IN the Senate and passed that body
w. j. FITZGERALD,
President OF the Senate.
w. S. KRETSINGER.
Secretary of the Senate.
Passed the House January g. 1905
]. S. SIMMONS,
Speaker of the House.
G. H. BRILLIANT,
Chief Clerk Of the House
e. w. HocH.
Governor.
Office of the Secretary of State.
l. c. E. Denton, Secretary of State of the
state of Kansas, do hereby certify that the
above and foregoing is a correct copy OF
my office.
IN testimony whereof. I have hereunto
subscribed my name and affixed my Off.
clai seal. this LIST day of February, 1908.
c. E. DENTON,
lSeaLJ Secretary of State.
BY j. 7. BOTKIN.
Assistant Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-03
LEGAL.

scribed by law, after the awarding of the
contract.
All bids or proposals shall be sealed, and
directed to the secretary of the Board OF
Control, Topeka, -Kans, and indorseo
Proposals for buildings"
All contracts shall be awarded by the
Board of Control to the lowest responsible
bidder. but the Board reserves the right
TO reject any and all bids, or to reject
parts of bids and accept parts, if deemed
for the best interest of the state.
Attention of bidders is called to the
"eight-hour law" with which they must
comply.
By order of the Board of Control of
State Charitable Institutions.
E. B. SCHERMERHORN,C Chairman.
F. w. KNAPP, Secretary.
!. January 81 1905
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-03
Published in The Topeka State Journal
Feb. 3, 190S.]
SENATE BILL NO. 81.

AN ACT to amend Section 1 Chapter 81
of the Session Laws of 1903 and to repeal
said original section.
Be it enacted by the Legislature of the
Section 1. That section 1. Chapter 81 of
the Session Laws of 1903, be amended SO
as as to read as folleWs SECTION That hat
hicle', as used in this act shall be con-
strued to include all types and grades OF
motor vehicles propelled by electricity,
steam. gasoline, or other source of ener-
gy. commonly known as automobiles, mo-
tor vehicles, or horseless carriages, using
the public highways and not running on
Section 2. That original Section 1 of
Chapter 81 of the Session Laws of 1903 be
and the same is hereby repealed.
be in force on and after its publication IN
the official state paper.
hereby certify that the above bill orig
mated In the Senate. and passed that body
W. j. FITZGERALD,
President of the Senate.
w. S. KRETSINGER,
Secretary of the Senate.
Passed the House January 30. 1905,
J. s. SIMMONS,
Speaker of the House.
80 sCHAS. STEIGER,
Asst Chief Clerk Of the House
E. W. HocH,
STATE OF KANSAS.
Office of the Secretary of State
state of Kansas, do hereby certify that the
above and foregoing is correct copy of
the original enrolled bill now on file in
In testimony whereof have hereunto
subscribed my name and affixed my Off
cial seal, this LIST day of February, 1908.
c.. E. DENTON,
[SeaI1 Secretary of State.
~~,.L- By J. T. BOTKIN,
Assistant Secretary Of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-03
First published In The Topeka State
Journal Feb. 3. 1861
NOTICE TO BIDDERS.

Sealed proposals will be received by the
State Board Of Control. at their Office in
the city of Topeka, until two o'clock p. m.
on the following dates for the furnishing
of all labor and materials necessary for
the erection and construction Of the fol-
lowing new buildings. viz:
Thursday, February q, 1908, New Custo-
dial Building at the Kansas School for
Feeble Minded Youth, at Winfield, Kan
sas:
Building for above institution: also at.
same time Two Brick Annexes to the East
Building for male patients at the Topeka
State Hospital. Topeka, Kansas.
! All of the foregoing to be executed in
strict accord with the plans, details and
specifications prepared for the same by
John f. Stanton, State Architect.
Copies of the plans and specifications
can be seen on file at the office of the
Board of Control, Topeka, Kans., at the
office of the superintendent of the institu-
ton and at the Office of the State Archi-
tect in the State CAPITOL Topeka
All bids or proposals. shall be made to
the Board of Control. and shall be &C
cornpanfed by a certified check on some
responsible bank. for five per cent of the
amount bid. payable to the Board of Con-
troll. and the same shall be forfeited to
the state in case the successful bidder
fails for five days to enter into contract
and furnish the required bonds. a. pre-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-03
Published in The Topeka State Journal
Feb. 8, 1908
SENATE BILL NO 115.

SENATE BILL NO. lis
General Statutes of Kansas of 1901. relat-
ing to the powers OF city council in
CITIES OF the SECOND;
State of Kansas:
IS SECTION !; That Section No. 1874 of
the General Statutes of the State of Kan
follows: The council may regulate the
construction OF and order the suppression
Of and clearing of fireplaces. chimneys,
stoves. stovepipes. ovens. boilers. Kettles,
forges, or any apparatus used in any
building, manufa Glory, or business, which
ma may De dangerous IN causing or promot-
no dangerous nor obnoxious and offensive
business may be. carried on. The council
building shall be constructed except of
brick, stone or other ombustfble ma
terial, with fire-proof roof and may cause
buildings commenced, put up or removed
into fire limits, or from one place to an
other, in such fire limits, in violation of
such ordinance to be removed or abated
at the cost of the owner owners there
of. The council may also regulate and
prescribe the manner and order the build
walls, and partition fences, and regulate
and prescribe the construction of build
ings and the building of chimneys, smoke
council may also prescribe and impose
penalties for the violation of ali ordi-
n ,,iu3 passed in relation to the matters
AN eA1As ScSt'oH Ho COutCl
may also procure fire engines, hooks lad
ders, buckets and other apparatus, and or
ganize fire engine, hook and-ladder and
bucket companies, and prescribe
rules of duty and the government thereof
with such penalties as they may deem
proper, not exceeding one hundred dollars
and make all necessary appropriation
therefor.
SECTION q This act shall take effect
and be in force from and after its publ
cation in the official state paper.
I hereby certify that the above bill orig
mated in the senate, and passed that body
W. J. FITZGERALD,
President of the Senate.
w. S. KRETSINGER,
Secretary of the Senate.
Passed the house January 80, 1903.
J. 8. SIMMONS.
Speaker Of the House.
CHAS. STETGER,
Assistant Chief Clerk of the House.
Approved January 81. 1908. ---.
E. w. HOCH.
Governor.
STATE OF KANSAS
Office of the Secretary of State
I. C. E. Denton, Secretary of State of the
above and foregoing Is a correct copy of
the original enrolled bill now on file in
my office.
In testimony whereof, have hereunto
subscribed my name and affixed my Off
cial seal, this LIST day of February, 1908.
c. E. DENTON,
ISeal1 Secretary of State.
BY j. T. BOTKIN, v
Assistant Secretary of State.