davidaulloa/AmericanStories huggingface dataset:
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
RAILROADS SCOUR COUNTRY
FOR ADEQUATE TIE SUPPLY

Washington, Feb. 24.-That the
humble railroad tie is a most import
amt factor I'm the material develop
ment OF the country is a great truth
that Is little understood by people
outside of railroad circles. The puff
ing engine that speeds at the rate Of
q mile or more a minute over the
counrty is a slave to the two steel
rails that insure smooth and safe
road, and these rails in turn depend
on the old-fashoned wooden cross-tie
which holds them i'm place.
Yankee invention has not yet
found a substitute which has induced
the railroads TO give up wood, al
though experts say that the day will
surely come when the counuy's for
ests Will no longer be called upon
to supply the demand for ties. Up
TO the present time II seems that no
other material has been found which
has the resilency OF wood and which
a tthe same time causes less wear
and tear on the rails fastenings and
rOadbed.
The country's railroads during the
last two or three years use 100000
600 to 10000 900 of sawed and hewn
ties a year The ideal tie timber Is
white oak. which combines the quail
titles OF durability hardness. strength
and close grain. It is not only ex-
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
FIRST FIGHT WON

Governor Harmon has won his first
fight against the hOldover appointees
OF his predecessor. The circuit court
has held that j. c.. Norris who was
made a member of the railroad COM
mission Of The state by Governor Har-
ris just before he stepped down and
out, cannot hold the place. The
court also rules that j. C. Sullivan,
who was named for the place by
Governor Harmon, cannot hold the
position under the appointment as
hrst made, but there is nothing TO
hinder Governor HarmoR from NAM
ing Sullivan second time and then,
with the consent of the senate, he can
hold the position. Or the governor
can walt until the legislature has
adjourned and then name Mt SullI-
van. when the question OF his con-
iinmatiOn will not come up until the
legislature meets, next january.
III will be real interesting 10 see
what action the senate will take, II
the governments determines TO put
the appointment OF Sullivan right up
10 II during the present session. One
court has held that Norris Is down
and out but II is probable that the
partisanship in the senate would
manifest itself so strongly that It
would refuse TO confirm the APP
poiDtment of Sullivan. The people
Of the state would doubtlessly like
TO know to just what EXTENT the
members OF the senate would go in
rheir partisanship and for their edi-
fication the governor should try his
second appointment OF Sullivan on
th0In.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
NO USELESS TALK

Governor Harmon has determined
that he will neither call AN extia ses-
sion of the Legislature nor send In q
sreoial message dealing with the tax
alton proposition. He figures that the
general assembly members know full
weh what are his views upon the
question Of taxation, and he does MOI
propose 10 put himself in the ridic-
ulons light OF talking further to them
about II. The Legislature is now In
session. and If 1t turus a deaf ear To
the request OF the governor for rem
edial legislation now It would do the
Same thing AT a special session. The
governor does not propose 10 fall in.
TO one of the errors OF the national
administration by sending in special
gnessages until the time comes when
they will be considered as jokes
THE unfortunate thing about It all
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
HARMON WINS FIGHT
FOR R. R. COMMISSIONER
Court Decides that Harris Appointment Invald-The
Naming Of Sullivan is Also Invalid but Governor May
Resppoint Him During the Coming Recess
Case to go Higher

two governors as to which one shoud
make the appointment.
'In our view the only way to har-
monlze these preslmptions with the
apparent uncertainty OF the appoint-
i've power arising from literal ctn-
struclion of the statute, Is to hod
that the legislature intended not
otherwise provided, that the general
rule above noted should govern.
"The familiar principle that the
common law prevails except when alb
rogated by statute needs no citation.
I'VE conclude, therefore, that the
appointment Of Morris by the mori-
bund governor was Invalid
The next question: is: Was tho
appointment Of Sullivan, Feb. 1, IL
legal?
at is based ON the right OF tho
governor to appoint during an nd
journment OF the senate without ac-
dion by that body upon his appoint
ment.
1--WE think It was the Legislative
intent in adjourning to give the SEN
ate the entire session If necessary in
which to consider appointments az
well as other matters before IL.
"If it should adjourn the session
without action, then the governor
may make the appointment.
s'Entertaining these opinions, we
therefore hold that the appointment
OF John C. Sullivan by Governor Har-
mon Feb. was invalid.
"The defendant, Mr. Morris, Of
course holds over as a railroad COM
missioner, but neither he nor Mr..
Sullivan has been legally appointed to
the office for the term beginning
Fob. /, 1909"
BY the decision Governor Harmon
may now appoint JOHN C, sllivan as
member and upon the continuation
of The action by the senUo he will
become the 'egally acting member OF
the commission, succeeding Mr.. Nor
mis-
1--WE will undoubtedly carry the
case to thesuprem court" declared
Harry VI. Daughei1y, ,Wtornew for
Mr.. Norris, last evening. 1--WE havo
no Intention of giving up the fight"
Mr.. Daugherty explained that Mr.
Morris would continue TO act as state
railroad commissioner under his od
commission until after the senate
has either confirmed the appointment
OF Mr.. Sullivan on the governor and
the senate has reached an agreement
on some other appointee.
IL is not anticipated that the Re-
publican scnate will longer refuse TO
confirm the app0intoe OF Democraaic
governor now that vacancy has
been declared by the courts.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
Court Lowers its Verdict

Instead of devoting all its time
and talents to solving Knotty law
questions the supreme court Of Ohio
is degenerRting into a bureau for
dispensing political patronage.
The supreme. court has a laalyS
number of attaches who are chosen
by the supreme court judges. 1t was
stated at the time the new clerk
of supreme court was Installed into
Office that the court or some Of its
Judges, Claims the right to dictate
the selection of one of the minor
clerks in that Office. ,i.. I, III
Now this august tribunal is seek
ing to throw the protesting folds of
its sable robes about the employment
Of minor employees in the slate house
annex, which is occupied by several
other state departments as well as
by the supreme court
| In the annex two elevator men are
employed at a salary Of 1920 each
per year on the pay roll of the ad-
iutant general, who is custodian OF
hhe state house and grounds.
Ii will be remembered that when
the new adiltant general assigned q
Democrat to operate one of these
elevators the man in cha lge refused
to give up his place, and a police
man had to be sent to remove him
from the elevator. Judge Grew, the
same chief justice who administered
the oaIths of Office to Governor Har
mon, FASTENED to the governors Of.
flee to protest against the removal
of the Republican employe.
In the contention that followed the
srDreme court GAINED the right To
appoint these men, who wanted to
hold on---llke the lap-over appoin
tees of Governor Harris. but II wai
shown that these employees belonged
ITO the adjutant generals department
Now comes the finance committe,
of the senate and the aprl opriahlor
on Sl,44O for the salary of two men
to operate THESE elevators, lis taken
from the adjutant general and given
TO the supreme count so THAT the
FORMER Republican employees may b,
reinstated, which will be done IL the
change made by the committee re-
ma'ns in the bin when II is passed
No wonder the people lose respect
for court which departs so FAR from
the line Of prudence and the con-
fines Of Jurisprudence to dabble II
Irolhics Of that sort.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
About silver spoons.

Careful women in some cases had
their silver spoon dipped. in gold so
that the stains from eggs will not
have to be fought against, They do
not realize that a simple application
of fine table salt on a wet cloth will
take off any stain and leave The silver
entirely bright. After this II should
be washed in warm water and pure
soap Many women leave silver spoons
in preserves from one meal TO another
remarking that the articles are silver
and the fruit acid will not ruin them
But do they stop to think what the
silver will do to the fruit? It poisons
1t, even though the spoon is silver
There Is chemical process between
the fruit acid and metal which makes
the fruit unfit for use. This Is even
more so where genuine silver is not
used. Lard will turn spoon green
in few days in hot weather. yet often
a silver spoon will be left In the lard
can.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

Columbus, Feb. 2i.-ln decision
handed down yesterday afternoon by
the circuit court, in when neither the
appointment of John c. Sullivan by
Governor Harmon nor that Of j. C..
Norris by Governor Harris as mem-
Der OF the state railroad commission
is held to be legal a victory Is won
~ Governor Harmon and the ques-
lcn Of recess appointments solved so
lar as this court is concerned. Judges
sullivan, Dustin and Alread, although
declaring that both appointments
were Illegal, held that Governor Har
mon could now appoint Mr. Sullivan
20 the position. and WITH the consent
Of the senate he would become a
legally acting member Of the COM
mission.
AS The senate is Republican, there
Is a possibility that Sullivan's APP
poimtment would not be confirmed IL
sent to the upper body cf the as
sembly. However, there is nothing
~ HtNtlW tllc bONtluyl llNh uSiVi
ring the appointment Of Sullivan un-
~ after the assembly adjourns,
March 12 AMI then the question OF
confirmation would be deferred until
next January, when the assembly
meets again.
Mr. Morris said yesterday he had
not decided whether he would carry
the case to the supreme court. The
decision was the result OF an action
in qro warranto brought recently Ia
determine whether Sullivan or Morris
had Deen legally appointed, January
{ Governor Harris appointed Nor
ris and on the same day the senate
confirmed the appointment. January
20 Mr.. Morris took the oath of Of
fee. The tenn Of office OF Governor
Harris expired at neon, Jan. II and
Governor Harmon took charge.
ut is conceded to be the general
rule tha tan outgoing official cannot
apnoint for a term TO begin after the
expiration of his own" says the
opinion. ut is claimed that the an.
po!nfment Of Morris Is valid because
the law in question provides that the
appointment for the term 10 begin
Feb, L. 1909 s1all be made in Jan
nary, 1909. 1T must be presumed
that the legislature contemplated thai
the term of one governor would ex.
plre January II, 1909, and the term oi
his successor begin ON the same day
ana q literal construction of the stat.
NE would allow either governor "a
make the appointment IN that month
But II is also to be presumed that
the Legislature did fnot intend to
leave the matter open To doubt and
TO be a race and contest between the
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

The senate has passed the Dean
temperance bill. This, however, is
not the bill before the body some
days ago, the provisions of which
were that cities voting "we" might
remain ''wet" even though the
county in which they were located
voted "dry." The Dean bill which
was passed by the senate provides
for the further regulation of the sa-
loon business in cities and counties
which vote wet " Most certainly
the temperance people can have no
objection to this bill. II county
determines to retain its saloons, then
every possible restriction should be
thrown around the saloons to render
them as harmless as they can be
made.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
W DOW WITH DOUBLE
CLAIMS GETS PENSION

Miaaysvllle, o., Feb 2i---Though
the efforts Of Congressman Cole and
Attorney RobNt AicCrcry OF Marys-
vllle Mrs. Matilda Mixon widow of
Wtflam Nixon has been granted a
pension Of 500 a. month by special
a;t cr congress.
Mrs Nixon is the widow Of two
husbands who wee diNll war yeter-
ans the first one named Nicholas, ,hay-
Ing served fouHteen years In the
regular anmy and belnIy killed In the
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

is the fact that the VOTERS cannot get
a change at the legislature before II
meets again for the regular session,
for If the members realized that
their cases would have to go before
the voters before another session oi
the general assembly is due, they
would think long and hard before
determining to disregard the wishe.
of the governor who was elected by
the people TO accomplish some of the
reforms which are conceded to bC
essential to the welfare of the people
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

cellent for ties, but is widely used in
Ship building, for general consruc.
tion, in cooperagc, i'm the manufac-
ture OF carriages. for agricultural inn
plements, interior finish of houses,
and for furniture. On account of this
wide use, the supply has been great
ly reduced and some of the railroads
have been forced to pay almost pro-
hibitive prices for ties, or to substl-
tute other and cheaper woods to re-
place the white oak ties rapidly dis
appearing from their lines.
over 40 per cent of the ties re-
Gently purchase dby the railroads of
the country are oak, according to
latest statistics of United States For
est Service Cross ties of Southern
pine formed somewhat less than %
per cent Douglas fir ties ranked
third. with approximately 10 per cent
of the total Naturally the proper
ton of these two timbers viii in
crease as the supply of oak dwindlee
This is also true Of cedar, chestnut
cypress, Western pine, tamarack, hem
lock and other trees which are COM
ing into the market as tie timbers.
Cedar, which is very durable. has
been extensively used to take the
place of white oak foy ties but IL is
80 sofe that IL Is readily cut by the
rails. This necesditates the use OF
tie Plates and other protective de-
vices when cedar ties are used. As
the supply Of cedar as also running
short It IS necessary for the rail-
roads to seek further for new tlu
timber. One of the woods which has
all the requisites of good tie, with
Irhe exception of durability, is the
beech.
A beech tie generally consists
largely of sapwood, which partly ac-
counts for its lack of durability, but.
on the other hand, allows a thorough
and easy preservaNive Treatment. m
Germany and France, beech ties have
been successfully preserved from
decay, and are used very extensively
Beech is found widely distributed
throughout the eastern part of the
United States. and at the present
.time Is comparatively cheap ana
GbUndant III, therefore, The railroads
whose lines are LOCATED in the re-
gions where beach Is abundant can
make use of this wood, treated with
some sgitable preservative another
source CT supply of Tie t'mber will
be opened up
StumTage values have been in.
creasirlg so rapidly during the last
few years that many railroads have
found II necessary to modify their
timber pclcy, and they yearly ap-
ply preservatives to a g, enter num-
ber of ties and TO more kinds o.
wood. Substitute woods naturally
vary with dierent sections of the
country, brit in most cases they lack
the two essential quail ties found In
white oak, namely resistance to me
chanacna wear and 10 decay. Expert
ence proves that wear can be sue
cessfully retarded by the use OF tic
plates and either mechanical devices,
and decay can be postponed by IN
application OF proper, preservatives.
The new conditions have made II
necessary for many railroad com
lranies to meet the problem OF pre-
siervation by establishing treating
plants at cent'hl points OF distribu-
| tion along their lines
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
Receivers Notice

The Marion Daily Mirror has passed
into the hands Of receiver. Under
the recelvership, which is only tenn
porary, the management and Office
force win continue the same as In
the past.
Any one wishing tu transact bust.
ness with the Publishing company
will do so, as usual, with its manager
or editor.
Bills against the company should
be proven and handed to the receiver.
Those indebted to the company will
please pay at the Mirror office.
j. w. JACOBY. Receiver.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

Saturday, in order that the men may
parade in Norfolk on that day
There is little doubt that the Nor
folk invitation win be accepted, and
that several Thousand men will be
sent there TO parade and to be enter
tanned by the people. They are be.
ing kept aboard ship now in antici-
patton OF an inspection Of each ship
by Admiral Spery and an inspection
board from among the Officers of
the fleet,
Admiral Spory will leave for
Washington Friday might and whether
or not the annual inspection is to
occur here win be determined after
his return, Admiral Sperry, before
going to Richmond, sent a series OF
reports having 10 do with the cruise
TO the navy department. The re-
points in addition 10 relating mar
rative Of the trip are filled with In
terestinIg statistics.
The b9 tleship Vermont, OF the first
cliv!sion of the returning fleet, still is
IN quarantine. A case of smallpox
developed en- board among the crew
The sick man was taken to the naval
hcsrital at Norfolk and mcst OF the
c1'cers and members of the crew
ha1 been vacninatel anew The men
have been restricted TO the Ship,
Cne of the most interesting sights
was the departure OF large number
CT enlisted men whose terms OF SER
vice had expired They came ashore
from the various ships In pulling
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

rboads which we're towed by steam
launches. AS they left the side Of
the vessel on which they had served,
the departing men were given luaty
cheers by the sailors. Still atlired
in their sailor togs the men reached
the government dock loaded down
with all manner Of Luggage. Many of
them had '-air belongings and SOU
yenirs OF the long trip slowed away
in canvas bags, while Others were
equipped with naHty leather suit
cases. The latter were Invariably
plastered an over with labels from
foreign hotels and transportation
companies.
Negro boys and porters loiteslns
sIbout the deck reaped a harvest from
the home-goimg sailors, who, dis
dainlng to carry their own satchels
and bundles, handled them over TO
the boys 10 be taken to the railroad
station or trolley ears. The blue-
Jackets brought home all manner OF
souvenirs from every country visited
A number OF the sailors who left
were long enlistment; men who un-
dlouIttedly Will come back Into the
ser1vice before three man.hs have
elapsed They have saved consid-
elable money on the "trip and are
anxious to 80 home and tell the re-
markable stories of their experiences.
Ii they re-enlist within 30 days they
will be rated as having the Increased
pay.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

Senator Foraker has all but won in
his fight against the president over
the Brownsville incident. II is little
wonder that the president has been 80
cI'ablike recently.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

On the same day that 1t was am
nounced that the ways and means
committee would he ready to report
lis tariff bill to congress on March
fifteenth, the steer trust look back
the statement that there would be a
reduction in the price of steel pro-
ducs. Can you figure out the an
swer?
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

"A New York man must travel TO-
600 miles or pay the expense Of an
other mans wedding. If that man
were member of the Ohio general
assembly, how quickly he would
jump at the chance to travel that TO-
600 miles at twelve cents per mile.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

EX-President Castro is seriously
considering returning to Venezuela
Things have been quiet In that state
dong enough and he might just as well
go back and start something.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

Had Hetty Green permitted those
townspeople TO shower her daughter
with rice, she would have been re-
lieved the necessity OF going down
town and buying those famous three
cent lunches for a time.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

Since II was reported that Presi-
dent Roosevelt would go 10 Rome and
be made Roman, many are wonder
ing why he ooes not also go to St.
Petersburg and become grand
duke.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

"a ladys hat caught fire In Paris
restaurant. The dispatches, how
ever, do not state wnether it was
necessary to call out the entire fire
department. of the city, or character
ize the disaster as a holocaust.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

Myron 7. Herrick does not stand
much show of getting into the Taft
cabinet, but this cannot be taken to
mean that he will cut very wide
swath in the fight for the Ohio SEN
a.tolship in 1910.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
RATES or SUBSCRIPTION:
WEDNESDAY, FEBRUARY "a, 1909.

Weather for Ohio---Snow In north
Urn. rain or snow in southern portion
tonight. Colder THURSDAY Fair ex-
cept snow in north central and north
east portions.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

The continual grilliHg which Prcsi-
dent Roosevelt is receiving In the
columns OF the New York World
would make the average man wish he
had not opened that jack pot.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

the Lenten season only opens to-
day, but 1t is none too soon for the
ladies to begin looking about for an
architect TO build that new Easter
sonnet.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

Hetty Green, the richest woman in
the world, made her daughter q we'd
ding present of bunch of love. A
bunch of violets would have cost
more. ~.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24
Feb. % In History.

l46S John Gutenberg, inventor Of
printing, died; born about 1900
1T28-Robert Lord Give. the conquercr
OF Bengal. born; died 1774
1915 Robert Fulton, pioneer in steam
navigation, died; born 1895. Full
ton began active life as an artist
and for time studied under Ben
jamin West. In early manhood he
abandoned art for the calling OF
civil engineer and with the patron
age of Robert Livingston perfected
steam navigation.
1ep4-Colonel John NJ. Huger of the
distinguished Huguenot family,
prominent southerner and ex-Con-
federate, died; born 1908.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

IL is about bime for someone to
begin bewailing the fact that this is
not good weather for sugar making.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

service. Her second husband was
William Nixon who died from
wounds ami diseases incurred in
the sewtse.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-24

Fort Monroe, Va, Feb 24.-The
bad weather, which greeted the bat
tleship fleet at the Virginia capes
yesterday was the worst the 1G ships
experienced In amy port visited on
their way around The world Storm
signals were hoisted ON the beach
and during the afternoon, a stiff
southeastor set In. driving a stinglng
rain before It. The ships safely at
anchor paid little heed to the blow,
but the Attle Write and gray steam
launches running between ship and
shore were buffeted by wind and
waves. thF0
That part OF the roadstead run
ming west from the Odd Point pier
seemed fairly cholSed with fighting
craft today. The two long lines of
the combined squadrons OF Admirals
Sperry aud Arnnld stretched away
from the deck almost as far as the
eye could reach. Nearly one-half OF
tine ships began coaling In spite Of
the weather. All Of the vessels came
In with bunkers nearly empty after
the long and stormy run from Glib
rattan II Is hoped that the last of
the ships win have been coaled by