davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1909-05-03

process eIsuss OF the hfth amendment
TO the Constitution. were all based s:,1on
the assumption that tbs clause DrC-
hihited and restricted sn accorean,,,,
with the construction which the Go. =
ernment gave that clause. and for the
purpose OF enforcing which prohibitions
these suits were brought
'As the construction which the Gov
ernnent placed upon the act and seeks
10 enforce is now held 70 be unsound
and as none of the contentious relied
upon are applicable 10 the act as now
construed, because under such construc-
ton the act merely enforces a reEula-
ton OF commerce by which carriers are
compelled 20 dissociete themselves from
the products which they carry and does
not prohibit where tie carrier is not
associated with the commodity carried
it follows that the contentious on the
subject OF the fifth amendment are
without merit.
Is Not Repugnsnt
The exemption as to timber, etc.
contained in the clause is not repus-
nant to the Constitution.
The provisions for penalties are sep
srable from the other provisions OF the
act. As no recovery OF penalties was
prayed. no Issue concerning t1em is here
presented. 1t will be time enough TO
consider whether the right to recover
penalties exists when an attempt to col
lect the penalties is made.
'-As the construction now given the
act differs 30 widely from the construc-
ton which the Government gave to the
act and which IL was the purpose OF
= a.
is not necessary. in reversing and re-
manding, 10 direct the character of de-
crees which shall be entered, but simply
70 reverse and remand the oass with
directions to enforce end apply this
statute as it is now construed.
"As the Delaware and Hudson Com
pany is engaged as a common carrier
by rail In the transportation of coal in
the channels of interstate commerce. IL
is a railroad company within the pur-
view of the commodities clause and is
subject 10 the provisions OF that clause
as they are now construed"
Decision Important.
The decision is one Of vital Importance
20 practically every railroad in Penn
Syivanis, and, in no less degree. to
every railroad in the country. Nearly
% Per cent OF the coal mined IN the
State or Pennsylvania. is brought 20 the
surface and sold by mines owned in
whole or in part by the railroads Of that
State Ninety per cent of all the coal
yet unruined in the state is controlled
by them
What Section Is.
The section of the Hepburn law thus
upheld by the court CT last resort Is as
follows:
From and after May ist, 1905, 1t shall
be unlawful for any railroad company
TO transport from any State, Territory,
CT the District of Columbia to any other
Stste. Territory, or the District OF Co
lumbia. or to any foreign country. any
article or commodits, ether than tim
Der and the manufactured products
thereof. manufactured. mined. or pro-
ouced oy it. or under its authority, or
which it may own in whole or in part,
OF in which it may have any interest
direct or indirect except such articles
or commodities as may be necessary
and intended for its use in the conduct
of its business as a common carrier" A
fine OF not 20 exceed $500 for each Of
fense Is levied
The Washington times., 1909-05-03
SURGEONS GIVE
BOY NEW NOSE

DENVER. May 3.-surgicaI skill has
given TO eight-yesr-old Carl Treworgy
a new nose. taken from the cartilage OF
one OF his ribs About year ago he
vas run down by an automobile. and
one OF the wheels passed over his face,
fractUrins the nasal bone and practic-
ally destroying the organ.
DR.. Lyman, a local surgeon. removed
a nose-shaped piece of cartilage about
two incnes long from the boys side,
and drew skin from either side Of the
face over il. This was penetrated bv
tubes, connecting with the original
nostrils-
The Washington times., 1909-05-03
CANADIAN CROPS
LIKELY TO BE SHORT

WINNIPEG, Manitoba, May 3.-Crop
prospects throughout the Canadian
Northwest are anything but bright a.
The present time, despite all publicity
bureau reports to the contrary. Cold
weather and snowstorms have been the
esrly IN April. and consequently but
little seeding has yet been attempted.
I In Manitoba less than 10 per cent Of
The ground has been sOWn, but more
work has been done in western Sas-
kstchewau and southern Alberta
where 30 per cent OF the wheat is now
in the ground
The Washington times., 1909-05-03

p 10 very short time ago Senator
Lodge saw III 10 ignore Ames and
ne work he is doing in Massachusetts.
Within a few { vs.. however. several
or Mr.. Lodges f. lds have pointed ont
to him that Aues IS making surprising
neadway in his canvass. and that ft is
absolutely necessary to get into the
held and fight him. Senator Lodge
mas carefully refrained from takins, anv
aStion which would INDICATE that the
situation is giving him a moment :
worry but It is lnoVrr. that at least one
OF ms close political friends who was
- washington last week returned to
6oston convinced that from now on
the senator would get busy
Following Not Personal.
Senator Lodge has always Sainei his
political offices by strenuous fighting
and by commanding respect for his
ability rather than through love on the
part OF the men who voted for him.
He served two terms as a member OF
the Massachusetts house or representa-
lives. after which he WAS elected n
the rfftteth Congress, and served four
terms In the House. He has been in
The Washington times., 1909-05-03
TO SEEK DIVORCE.

BOSTON, May 3.-That he intends 10
apply for a divorce was announced TO.
day by Senator James r. Shaw. whose
beautiful wife, Mrs Nettie Eldredge
Shaw. was found living a renarlabIe.
dual life in Santa Barbara and Pasa-
dena, Cal. her husbands = former chauf-
ieur, II. Keno Marble, being there siso.
The Washington times., 1909-05-03
MARCELLUS COLE
BUYS VIRGINIA LAND

$4,000 farm near Purcellviue,
Va, has just been purchased by Mr..
and Mrs Marcellus Cole, of this city.
The property is known as the 5 A.
Arthur farm, and is considered one
OF the best pieces OF land in Loudoun
county.
The deal was made through the
real estate Office Of A. II. Buell.. OF
Herndon, Va.
The Washington times., 1909-05-03
CHARGED WITH ROBBERY.

NEW YORK. May 3-Peter Stabi. OF
l1s East 122d street, charged with having
stolen 5ewelry valued AT $500 from Rob
ert Goelet. OF s47 Fifth avenue. while
employed there as footman. wss held
OConnor.
The Washington times., 1909-05-03
DUKE THROWN FROM HORSE

BAMBERG, Bavaria, May 3.-Duke
LIitpold. who Is a lieutenant in the first
regiment, was unhorsed here during a
riding competition. and was painfully
injured about the face and arm
The Washington times., 1909-05-03
In Memoriam.

JACKSON--In loving remembrancs Of my d.
voted wife. LULA z FORD IACKSb%
who died one year ago yesterday. May 2
1903
BY Her Husband. George ". Jackson.
II
The Washington times., 1909-05-03

heir holdings in subsidiary coal com
banies. ana wH not enforce snsnelsl
revolution which might be accompanied
with great difficulty and embarrass-
ment.
Government Filed Bin.
On June s. 1905. the Government filed
bill OF complaint against the Della
ware and Hudson. Erie, Delaware,
Lackawanna and Western. Pennsyi-
vanis, Lehigh Valley railroads. and the
Central Railuosd of New Jersey. and
petftioned the circuit court for the
eastern district of Pennsylvania FOR a
writ of mandsmus to compel observance
Of the law by the railroads
Some months later that court decided
the clause unconstitutional in that Il
entalIed deprlvations OF property with
out due process of law, and was
therefore conascatory and unres sonsbie
The Government immediately sued
out on a writ Of error. and prosecuted
an appeal to the Supreme Court.
Justice Harlan tlissesated from the rea-
FoninE by which the supreme Court
reached its conclusions. but concurred
iu the hnding. Thus, the opinion of the
court. so far as the result is concerned,
sV=s unanimous.
The decision was rendered by Justice
White and upholds the oonstitutionality
Of the law and reverses the decision of
The circuit court for the eastern district
sf Pennsylvania.
In Justice Whites decision ne said;
The claim Of the Government that
the provision contained in the Hepburn
act commonly called the commodities
clause prohibits a railway company
from moving commodities in interstate
commerce because the company has
manufactured, mined or produced them,
or owned them in whole or in part. OF
has had an interest direct or indirect In
them. wholly irrespective of the rels-
ton or connection of the carrier with
the commodities at the time Of trans
portsticn. is decided to be untenable.
Does Not Cover.
sIt Is also decided that the provi-
sion OF the commodities clause relating
20 interest. direct or indirect. does not
embrace an interest which a carrier
may have in A producing corporation
ns the result OF the ownership by the
carrier OF stock in such corporation,
Irrespective of the amount of stock
which the carrier may own in such
fI4
The Bridgeport evening farmer., 1909-09-17
Nangatnck's Population
 Has Decreased l,OO(

lNaugatuck, Sept. 17-It is stated by a promonent citizen, who is in a posi- tion to know, that the population of Naugatuck has decreased by nearly 1000 during the past IS months. To this fact he attributes the dullness of business and the general appearance of inactivity which is noticeable at all times Many families were driven out of town by their inability to find em- ployment and there has been no cor responding period of activity to com pensate for the losses of a year or so ago.
The Bridgeport evening farmer., 1909-09-17
TOO MUCH PEACE
 TALK DANGEROUS
So Declares Representative George 5, Chandler to 5. A. K.
DISTINGUISHED MEN PRESENT

| About one hundred of the Connecti- cut Sons of the American Revolution yesterday held their annual outing at | Morris Cove, near New Haven, with many men prominent in public life of | the state attending. Governor General L. B. Curtis of this city, after the shore dinner had been served, opened the meeting, and | turned it over to Gen. George Hare Ford, who called upon President Gen | eral Morris B. Beardsley of this city | for few remarks, and the latter re- | sponded, talking in part of his recent trip abroad. General B. B. Bradley, | of New Haven, chairman of the de- lenders monument committee, asked the Sons to assist in the building up l of the fund.
 Colonel N. G. Osborn of New Haven | was toastmaster. Ex-Governor Geo. P. Mclean gave an informal talk. Representative Chandler spoke in part as follows:
 Among the orders of the comman- der-in-chief of the army of the Revo- l lution are found but two records of a direct compliment paid to the troops of any state or colony, and by far the most hattering of these compliments ! is that extended to the troops of Con- necticut.
 
 l in this general propaganda against war and warlike preparations? Who does not believe in peace? Who does not hate war?
 I've are living in a world of actu- alities, not of ideals; of facts, not of dreams. It is a world of racial an- | tipathies, of national prejudices, of in herited traditions, and of living ambi- tionS.
 "If international peace is to be con-
 
 on fragment by fragment, acre by acre, province by province. 'It seems to me that some of our peace advocates think, with their hearts rather than with their heads. How can we disarm until other na- tions disarm? And, if the unforeseen were to happen in the future-as 1t never has yet failed to happen sooner or later in the past-and the calam- ity of another war were to fall upon this country, would not some of the very enthusiasts who are now de- claiming vociferously against military evolutions and increased armament, be the first to cry out in fault-fnding and indignation when our soldiers were compelled to take the field, i'll equipped and untrained, and the t1d- ings of defeat and dishonor were flashed back over the wires?
 ''In maintaining. this historic organ ization of the Sons of the Revolution, you are not glorifying war but keep ing fresh and holding before mankind the heroic example of sacrifice and high endeavor."
The Bridgeport evening farmer., 1909-09-17

F'oley's kidney Pills cure backache, rheumatism. kidney. bladder and urin- ary trouble. Do not risk having Bright's disease or diabetes. F. B. Brill, local agent. s135
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
TROLLEY SMASHES WAGON
AND KILLS A HORSE
Passengers in Panic During Col
lisiOn in IrvingtOn.
EAEEzN

An e~ast-bound trolley car at Spring.
field and Sanford avenues. Irvington.
early yesterday ran into a horse draw
ing a wagon westward along the track.
throwing the animal, fatally hurt. to
the side of the street. The car and
vehicle were both smashed and put out
of commission. The of the
car were badly shaken up and the mo-
torman barely escaped serious injury.
The wagon, one of two belonging TO
the Greater New York House-Wreeking
Company. of Jersey City. loaded with
heavy timbers. was in charge of Max
Sim, who, the railroad people assert, in
stead of being in his seat, was walking
in the rear of the truck. Springfield
avenue a No. 2059, in charge of Mo-
torman Joseph Doyle. came UP at a
fair rate of speed in the darkness and.
striking the horse, broke both its legs
and otherwise injured it as it was
pitched to the side of the road. The
car then rammed the truck and the
whole load of heavy timbers was cata-
pulled onto the front platform, smash
ing in windows and doors. Motorman
Doyle's shoulders and back were in
jured by the shooting timbers, but NOT
seriously enough to i~neapacltate him.
A half dozen sleepy passengers We're
almost driven into a panic by the crash
and flying glass, but climbed out with
out sustaining serious harm.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
BL00MFIELD-GLEN RIDGE
HELD FOR CREATING
DISTURBANCE In CAR.

AS a result of a row with a trolley
car conductor, during which he seized
and ran away with the conductors
hat, Lawrence Lauringer, of Philadel-
phia, who has been living in this CT y
since last October, spent Saturday
night and yesterday in the Bloomfield
police station, and was removed firm
there to Glen Ridge today.
Lauringer was riding on a Bloomfield
avenue car as it was passing through
Glen Ridge. The conductor, Cedric
Johnson, of Newark avenue, Bloom
field, demonstrated with him for MAX
ing a disturbance. it is said, and
Lauringer is alleged to have made a
pass at him and then to have run off
with his cap. He was pursued and cap
tured by the trolley crew near Bloom
field Centre. Police Chief John A.
Brown look him to the Hermon street
police station in Glen Ridge today, and
he will have a hearing later.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
SOMERSET BRIEFS.

SOMERVILLE, Aug. 9.-The Citi-
zens' Band, of this city, will 90 to
Readington on Wednesday evening to
attend the harvest home under the
auspices of the Ladies' Aid Society of
the Reformed Church there. The af-
fair will be held on the meadows of
Frank Coles farm.
Misses Emma and Julia Alter, of
this city, have returned from lake Ho-
patcong, where they went to spend
some time at Camp Leisure.
The Rev. DR.. lockwood McQuesten,
of Anqandale, preached in the Congre-
g%ational Church in Bound Brook yes
terday.
Mr.. and Mrs. w. II. Durham, Of
Bound Brook, have gone to Block Is
land for their annual outing.
Misses Cressie and Matte Maier,
of Bound Brook, ave gone to Lake
Hopatcong for an outing.
The st. Rocco Society, of Raritan, is
making preparations for its annual
celebration of st. Rocco Day, which
will be held in that place on Friday and
Saturday, August 10 and 20. There will
be a magnificent display of fireworks
Miss Sarah Speer and Miss Louise
Tunis, of Somerville, are at Montclair
for a few days with relatives.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
WARREN COUNTY NEWS.

HACKETTSTOWN, Aug. 9.-Morris
W. Tracey, of Phillipsburg, has sounded
the first note of the fall campaign in
Warren countv hJ issuing a card an
r.aiau hi,nso,t Dosaa...a
"
oiuate = 'ie ONCE Oh surrogate. ne
has already begun an active canvass.
The Anderson M E. Church has Sc
lected Friday afternoon and evening
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
RAILWAY BRIEFS.

RAILWAY, Aug. 9.-The total amount
of assessments in Railway, as just
completed for 1909 by the Board of AS
SCISSORS, is 6 ,002, AIS, an increase over
1908 of $416,476.
Former Councilman n Mrs. Isaac
L. Hunt, of 20 West Milton avenue, left
yesterday for Indian Lake, where they
will remain until September.
w. p. Hartman and family, of 81
River street, are sojourning at Asbury
Park for two weeks.
Miss Elsa Weldon. of 81 Union street,
is entertaining Miss Marguerite
Howell, of Easton, Pa.
The committee in charge of the Rah-
way Republican Clubs dollar dinner,
which takes place early in September
in the Auditorium. expects to have as
the principal speakers former Senator
Thomas j. Hillery and Vivian NJ.
Lewis. The committee meets tonight
in the Republican Clubs rooms,
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
$3.50 DIAMOND STUD
STOLEN IN ORANGE,
But Victim Values Missing Pic
ture of Mother More.

William Krump, ~janitor of the Linds-
ley Building, Orange, was the victim
of a sneak thief, who entered his room
in the Lindsey Building between IL a,
m. and l ,. m. yesterday and stole a
diamond stud valued at $3.50, IS in bills
and a picture of Mr.. Krump's mother.
Mr.. Krump said last night thai the
taking of the one inc pin seemed i'm
material when he considered his moth
er's picture, which he valued very high
ly, and which was taken merely for
the silver frame in which 1t was cased.
Mrs. Krump was a physician in the
West Indies, and the picture was the
only remembrance Krump a of his
mother.
No clue to the theft could be obtained
by the police. The thief made entrance
to the room with q jimmy.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
THE ORANGES,
BLOOMFIELD,
MONTCLAIR
COND|I FUNERAL
TO Be TOMORROW
Aged East Orange Man Belonged
to One of Oldest of Lo=
cal Families.

lnfrmities of old e We're the cause
pf the death Saturday of lothian Hal
sey Condit. whose funeral will be held
tomorrow afternoon at 3 in the First
Reformed Church, of East Orange. The
Rev. w. Warren Giles. pastor of the
church, has been summoned from ais
vacation residence at Charlestown
neral. Interment will be in the family
plot in Rosedale Cemetery.
Mr.. Condit, who was 81 years old,
had been in poor health ever since an
attack Of pneumonia last winter.
He was born in the old Condit home
stead on Main street, between Burnett
n South Clinton streets, as the son. Of
lothian, a descendant of Samuel Con-
dit, who was born In this city in 1896.
He learned the carpenter trade, at
which he was engaged from 1871 until
1873.
After he had retired he began to COM
pile the Condit family history and for
a time was assisted by his son, Eben,
They jointly published the first vol
une of their work in 1885. The history
ai0o tpltdliiS liz ltCOlo 10 VI Tx
son, Williams, Pierson, Smith, Linds-
ley, Mum and Whitehead families.
While a young man Mr.. Condit be-
came connected with the Brick Presby-
terrain Church, of East Orange, of
WHICH he was an elder for twelve years.
When some of the members then left
the church and Jointly organized the
First Reformed Church he was chosen
an elder of the latter church for sew
\ eral years. He married Miss Abby
Ann Condit, daughter of Checeral Con-
dit. She died several years ago.
Many of the members of the Condit
family lived to be more than so years
o.. The living sister, Mrs. Elizabeth
Dodd.. of 81 Prospect street, East Or
ange, is sc years old and in good health.
Another sister, Mrs. Stephen Harrison,
of Jersey, o., died at-the age of S4, and
one brother, Aaron NJ. Condit, of East
Orange, was 80 years old when he died.
Mr.. Condit is survived by three sons
and one daughter, all of East Orange.
They are Edward l., building inspectors;
Herbert, former Freebooter; Frank P.
n Mrs. Francis. w. Lawson.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
CALDWELL-VERONA

Mr.. and Mrs Rudolph Davis, o.
Newark, are spending August in Cald.
we'll.
Robert Van order. of Forest avenue
'Caldwell, has gone to Warwick. n. Y.
The Rev. Norman B. Harrison, ot
we'll Presbyterian Church next Sun
day.
Mr.. and Mrs. William H. Jacobus, o,
Lakeside avenue, Verona, has gone Il
Asbury Park for W. sweeks.
Irving F.. Dix. of Verona, who ha,
been visiting in California, has decided
to make his permanent home in Lo'
Angeles, where he is now employed.
Mrs. H. Harrison, of West Caldwell
is visiting her SOD, George Harrison, OF
Brooklyn.
william Clark, of Wilmington, Del.
who has been visiting his sister, Mrs
A. o. Kent. of Pin Brook, for the last
month. returned home today.
Mr.. and Mrs. Roy Williams, of Pat
erson, are with their mother, Mrs
Frank Kelly, of Roseland.
Mrs. Aline Williams, of Essex Fells
who has been spending a month with
her father, the Rev. Alexander Pat
ton, at Avon, has returned home.
Mrs. Leon Cooper and her son, Mil
tor Cooper, of Caldwell, are visiting
Mrs. Cooper's parents, Mr.. and Mrs.
A. Pockrass.
Mrs. Albert Newton. of Kearny. is
staying in Caldwell Township during
August.
Mr.. and Mrs Charles Nelson, of
Caldwell Township, have gone to Lake
Hopatcong for August.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09

Mrs. James Farrow. of Main street,
Springfield, who has been visiting her
cousin. William S. Wade, of South Or
ange, for six weeks, returned home Sat
urday.
Miss Mildred Shevine. of Morrison
road. Springfield, is spending a week as
the guest of Mr.. and Mrs. George Hor-
wedel, of Brooklyn.
Mrs. Frank Clark has returned to her
home in Westfield avenue, Springfield,
after a weeks stay at Lake Hopatcons.
Miss Josephine Squiers and Miss
Vivian Wardell. who were guests of
their grandfather, Eugene T. Sauiers,
of Bryant avenue Springfield, for three
weeks. have returned to their home in
East Orange.
Mr.. and Mrs. M. Herbert Higgins, of
Keller street, Springfield, are at Land
ing to spend two weeks.
Mr.. n Mrs. Edward Klotz, of Main
street, Springfield, are at Point Pleas
ant visiting Mrs. Klotz's parents, Mr..
and Mrs. Louis c. Gillespie, for a few
weeks.
Edward S. Pettigrew, of Columbus,
", 10 NlSlii1B Ills SlSIeT, MIS-. w. r.
Denman, of Millburn avenue, Millburn.
Andrew S. Douglas. of Newark, spent
yesterday visiting his daughter, Mrs.
Alfred Warren, of Short Hills avenue,
Springfield.
Miss Eunice Warner and Earl War
ner, of Spring street, are visiting their
uncle and aunt, Mr.. and Mrs. VALLEY
Warner, of East Orange.
Miss Jesse Pratt, of Rector street, re-
turned yesterday from a two weeks
stay at Asbury Park Inc Ocean Grove.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
Personals of
Che ORANGES

Miss Margaret Tobin. of "A Hamilton
street. East Orange, has returned from
a stay at Rockaway.
Mr.. and Mrs. Charles Tichenor, OF
Clinton street north. East Orange, are
at Rockaway. Il
John and Thomas Boyle, of Jones
street. East Orange, are at Rockaway
for a week.
Mrs. Samuel j. Blair and daughter,
Miss Minnie Blair, of 81 Ashland ave
nue., East Orange, are at Booth Bay,
Me, for the month.
Fireman Frank InderWeis, of Engine
No. 4, East Orange, is camping out at
Swinefield Bridge and, according to re-
ports received by other men in the fire.
house, is meeting with success in his
fishing expeditidn.
The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-08-09
MORRISTOWN NOTES.

MORRISTOWN, Aug. 9.-Former
Mayor Alexander Bennell is now ia
London, England. with his family. and
will not return to Morristown until No.
vember. -
Mr.. and Mrs. Stephen S. Day and
Miss Madeleine Day go to Ocean Grove
on Wednesday for a week.
Mr.. and Mrs. A. G. Jones and Mr.
and Mrs. Harry A. Freeman. of South
street. are at the Watch Hill House.
Watch Hill. 81
Jesse E. McEwan and family. CT
Whippany. are at the Coleman House,
Asbury Park.
Mrs. J.. Clark Oliver. of Brooklyn.
L. l., is visiting Mrs. Henry Byram,
on Mills street.