davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald., 1909-02-26
MINORITY WILL
BACK PRESIDENT
CONTENDS MERGER INVESTI-
CATION UNNECESSARY
SAYS ROOSEVELT ACTED WITHIN
HIS DUTIES
Absorption of Tennessee Coal and Iron
Company with U. S. Steel
Corporation Subject
of Inquiry
tBy Associated Press.1

WASHINGTON, Feb. 25.-Two re-
ports will be before the senate COM
mittee on judiciary Monday when it
meets to vote on the investigation of
the absorption of the Tennessee Coal
and Iron company by the United States
Steel corporation.
Since the publication of the majority
report of the subcommittee declaring
the merger violated the Sherman law,
and rebuking the president, the mi
noTfty, Messrs. Clark of Wyoming and
Dillingham;, have put their dissent in
the form or a report.
Ali day there was much wire pulling
in the senate preparatory to the vote.
The minority report contends there
is no investigation necessary. 1t will
be asserted the direction to the judi
ciary committee is limited to an
opinion as to the presidents authority
ito permit the absorption" as is shown
by his message.
The minority finds there were just
three relevant and important things
disclosed by the presidents message.
They are, that the president told repre-
sentatives of the steel corporation he
could not advise them to take the ac-
tion proposed, that he felt it no pub
lie duty of his to interpose any objec-
tiOns under the facts and circumstances
detailed to him. and that the president
assumes all responsibility for his ac-
ton.
That the president acted under the
facts as he then understood them is
the opinion of the minority.
1t is declared any other construction
of this resolution would be tantamOunt
to asking the committee to judge the
presidents act, not in the light of the
circumstances and facts surrounding
him at the time of his action, but of
these subsequently developed.
In their opinion this would be mani
testify unfair and unjust.
1t is pointed out that he notified the
attorney general of the conversation
he had had with Messrs. Gary and
Frick, but before receiving the letter
from the president, the attorney gen
eral advised him the United States
Steel corporation had not been under
the ban of the law, and that in his
opinion the absorption of the Tennes-
see concern would not change the legal
situation.
1t is declared this fact demonstrates
that the president was acting entirely
within the duties of his Office.
Los Angeles herald., 1909-02-26
SAFE ROBBERS SECURE
$500; ESCAPE IN WAGON
Vehicle They Stole Is Abandoned in
othills-Posses Are in
Pursuit

SACRAMENTO, Feb. 25.-A special
from Roseville says: The Roseville
postoffice was robbed early this morn
ing by safe crackers, who wrecked the
place and got away with $500, steal
ing a team and wagon to make their
escape.
The robbery was not revealed until
Postmaster H. c. Tripett arrived this
morning.
The explosion was terrific. The safe
was completely wrecked, all the lining
and packing being blown out and scat
tered in the building.
The robbers made their escape by
stealing the butcher wagon of w. 7.
Butler and his team of horses.
This outfit dashed through Rocklin
at top speed about 4 o'clock, going
toward Finnish. hall 1t is belived the
men deserted the team at some point
in the foothills and went into hiding
among the rocks or brush on the
American river, intending to escape to-
night.
Several posses are securing the
country for the men.
Los Angeles herald., 1909-02-26
JUDGE MODIFIES
His STATEMENT
SAYS DECISION ON BUILDING
CONCERNS TOO GENERAL
JURIsT DECLARES SOME COM
PANIEs BENEFICIAL
Justice Amends Language He Used in
Rendering Judgment So as Not
to Apply to All Asso-
Citations
[Rv Associated Press.1

SACRAMENTO. Feb. 25.-Associate
justice E. G. Hart of the Third district
court of appeals has issued a state
ment saying the language of the de-
cision in the case of Simon w. Henry
of Fresno against the Continental
Building and Loan association of San
Francisco has been modified so as
not to reflect on legitimate concerns
that benefit the poor man in securing
a home for himself
Following the publication last Sat
urday of quotations from Justice Hart's
decision many complaints were heard
by the jurist from representatives Of
building and loan associations, who
declared he was too harsh with them.
Justice Hart's statement follows:
Il desire to say to the public, in JUS
tice to building and loan associations
generally, that l have been convinced
by investigation that the language
used in an opinion recently filed bv
me, in which 1 expressed the BELIEF
that such concerns were not the best
agencies through which the poor ma d
could secure home, is entirely too
general, and that the opinion in that
respect should be modified and that
it has been accordingly modified.
1T is scarcely necessary to say that
said language was not necessary to the
decision of the case. The particular
case under review inspired in me some
feeling against the methods authorized
by law, by which such concerns could
conduct their business. Hence the
language.
81 am assured there are many such
institutions that so conduct their af-
fairs as to constitute in reality a great
boon to that class of our citizens who
must build themselves homes, if at ALL
through the aid alone of their daily
wage.
Il do not, of course, desire the con-
fidence in such associations shall be
destroyed through any language of
mine. I am assured by the most repu-
table people that nearly all the asso-
Citations are conducted so as to be mu-
tually and equally beneficial to investor
and the association.
Il therefore take this opportunity of
doing all such the justice of eliminating
from the opinion the general language
which could be applied to all, though
1 did not really intend that it should. -
Los Angeles herald., 1909-02-26
OHIO RIVER STARTS
ON ANNUAL RAMPAGE
TREACHER0US WATER NEARS
DANGER LINE
Families Forced to Abandon Houses,
and Cellars and Warehouses Are
FIooded-No Deaths
Reported

LOUISVILLE, Ky, Feb. 25.-With
every tributary bank full and swelling
the tide, the Ohio river mounted
steadily all night and yesterday was
within fraction of the danger line
for this point-2S feet.
Cold and clearing weather prevails
today and gave promise of checking
the rise. A maximum stage of at least
thirty feet is expected, however.
Today scores of homes in the west
ern and eastern ends Of Louisville are
inundated. From many of these fami-
lies were moved during the night
Cellars and warehouses along the river
front were flooded, but ample warm
ing enabled the merchants to move
their goods and avoid damage.
BY tonight it was expected the num-
ber of persons driven from their homes
in low-lying districts would be doubled
and a number of factories viii be
forced to suspend tomorrow.
Los Angeles herald., 1909-02-26
Patterson during the last gubernatorial

Patterson during the last gubernatorial
campaign.
The witness was asked if the Nash
Vile papers did not report this debate
in full and if he ever read of Carmack's S
attack on him in the American. He
said he had not read it, but he belleved
the paper did not publish the debate in
full.
Didn't you say he attacked you
nearly every day in this debate?''
'I said practically every day.
what were the facts of this attack?''
Il don't recall except the one about
the angel with the smell of hell upon
his WINGS
Don't you know he never said help
YES"
You put it in-you use the word hell
often?''
Il certainly do. It's a favorite word
of mine, and I use it whenever I want
to-"
Fitzhugh was on his feet, firing ques-
tions rapidly, and Judge Anderson said:
Asks Counsel to Sit Down
ct wish counsel would keep his seat
and avoid these exciting demonstra-
TONS
LET him aIone,'' said Col. Cooper.
Let him alone. He can't frighten me;
can parry his attacks"
The state next reverted to the News
Scimitar editorial in March, 1908, which
Col. Cooper said was the first break
between himself and Senator Carmack.
He denied that he knew another man
had written it, but admitted he heard
yesterday that another man claimed 20
have written the article.
do you think anything in any edi-
toriaI justifies murder Col. Cooper
was asked.
Nothing ever written justifies TAX
ing human life"
The state then took up the colonel's
story at the time he left his home the
morning of the tragedy and questioned
him as to every move made upon that
day. Witness denied ever having called
Carmack the vile names Miss Lee
swore she heard Col. Cooper apply to
the editor.
At first the witness became excited,
and several times his voice broke as he
angrily denied the charges made by
witnesses for the state. He mopped his
forehead with his handkerchief and
tugged at his sparse gray mustache,
moving restlessly in his chair.
Los Angeles herald., 1909-02-26
UNITED WIRELESS AT
CHUTES PARK GETS
HONOLULU MESSAGE

The United Wireless operator at the
Chutes park station again caught
message from Honolulu early this morn
ing. 1t was as distinctly received as
though it came from Avalon, confirming
Manager Bleakney's belief that the
higher powered station to be installed at
Chutes park next month will establish
regular communication with the Ha-
waiian islands.
Los Angeles herald., 1909-02-26
SPENT HIS FORTUNE TO BE
ELECTED STATE GOVERNOR,
Former Chief Executive of Nevada's
Home Ranch Sold to Satisfy
Mortgage

RENO, New, Feb 25.-The home
ranch Of the late Governor Sparks has
been sold at public auction here by
the sheriff to the Farmers and Mer-
chants bank of Reno for $46,709.
The property includes 81 acres of
land, with improvements and water
rights. The bank held a mortgage lien
on the property as security for a note
which, with interest, amounted to the
sum paid for the ranch. There were
no other bidders.
The governor at one time was rated
one of the wealthiest men in the state.
but spent most of his fortune being
elected governor and trying to be
elected United States senator.
Los Angeles herald., 1909-02-26
Leave for Fort Worth

COUNCIL BLUFFS, Ia, Feb. 25.-
Railway officials here state that a ma
jority of the Greeks, about 400 in num-
Der, who sought refuge in Council
Bluffs from the fury of the South
Omaha rioters, purchased tickets for
Fort Worth, Tex, and left at once for
that place. The recent erection of a
large packing house at Fort Worth is
thought to have influenced them in
their selection of the southern city.
Los Angeles herald., 1909-02-26
charqed with Passing Check.

STOCKTON, Cal, Feb. 25.-Ruddy
Arnold, conductor on a local street car
line, was arrested here yesterday on a
warrant from Santa Rosa charging him
with uttering fictitious check for $25
on an Arkansas bank, where Arnold
claims that his mother frequently de-
posted money in his name. The check
came back with mo funds" across its
face. Sheriff Smith of Santa Rosa took
Arnold back today. The prisoner who
has a wife in Santa Rosa, and had been
here but three days, says mistake has
been made.
Los Angeles herald., 1909-02-26
COOPER TO Be
KEPT ON STAND
AGED DEFENDANT Is EXAM
INED SEkRCHINGLY
GOVERNOR PATTERSON TO TES=
TtFY IN MURDER TRIAL
Chief Executive of Tennessee and His
Adjutant Must Tell What Part
They Played in Political
Tragedy
[Bn Associated Press.l

NASHVILLE, Tenn, Feb. 25.-After
nearly two days under searching cross
examination, Col Duncan B. Cooper
was surrendered to his own counsel
tonight by the state.
Tomorrow the case against the Coop
ers and John Sharpe, accused of the
murder of former United States SEN
ator Edward w. Carmack, will be re-
sumed, with the aged defendant still
on the stand. His counsel has decid-
ed upOn a brief redirect examination.
Governor Patterson and his adjutant
general, Col. Tully Brown, will be
called to tell what part they played
in this political tragedy.
It was thought last night that the
limit in crowds had been reached in
attendance at the Cooper-Sharpe. muir
der trial, but the throng that surround
ed the jail building almost before the
dawn today made the other crowds
look like a mere handful. The deputies
at times had to use force to keep the
eager men and women from pushing
into the court room.
The cause of the excitement was the
well-defined rumor that Governor Pat
terson would take the stand on behalf
of the defendants as soon as Col. Coop
er was excused.
AS soon as court was opened Judge
Hart announced that he would exclude
the Lancet editorial which the state
had offered to prove that the Lancet,
in which Col. Cooper is interested,
printed the original charges against
Governor Cox, which, when repeated
by Carmack in the Tennesseean, caused
Col. Cooper to say that either he or
Carmack must die.
"Do you want to hear any more
argument?' inquired states counsel.
Bang! came down the judges gavel.
Judge Becomes Annoyed
"I not only don't want to hear any
more, but don't propose to do so, un-
less some attorney feels as though he
will die unless he gets the speech out
of his system. And 1 want to say that
the lengthy argument must stop. We
are wasting the public's time"
Col Cooper again today took the
stand and Capt Fitzhugh resumed the
ross-examination, commencing with
the state debate between Carmack and
Los Angeles herald., 1909-02-26
citv Schools Inundated

FRANKFORT, KY, Feb. 25.-Four
feet of water standing in the city
schools and the entire lower part of
the city flooded, gives an idea Of the
damage which has been done here by
the largest and most disastrous flood
known in the Kentucky river in a de-
cade.
Hundreds of families have been rem
dered homeless and barns and bridges
swept away above and below this city
by foods pouring into the river from
every tributary
Los Angeles herald., 1909-02-26
To Follow Packing Business

sions by the Hohduran congress reduc-
ing export duties on cattle, granting
free pasturage, etc, are believed here
to be the outcome of a movement
which was started several months ago
to import cattle from Central America,
through the gulf ports The promoters
announced their intention of erecting
abbattoirs in various southern cities
and competing with the western pack
ing and slaughter houses.
Los Angeles herald., 1909-02-26
NAMES OF ANTI-GREEK
RIOTERS GIVEN BY CHIEF

OMAHA, Feb. 25. Chief of Police
Briggs of South Omaha announces that
he already had given the names of
twenty members of Sundays anti
Greek rioters to the county attorney
and that about 100 in all will be recon-
mended for prosecution
Los Angeles herald., 1909-02-26
Three Towns Under Water

LEXINGTON, KY, Feb. 25-Reports
from the Licking river in the eastern
Kentucky mountain district today are
that three towns have been invaded by
water so far Salt Lick, Farmer and
Wyoming, while Shelkurne and West
Liberty are in danger.
Los Angeles herald., 1909-02-26

Cash prizes for the boys and girls who write
the best descriptions Of What / Do on a
Rainy Day" Address all letters to Aunt
Laurie, this paper.
The Montgomery advertiser., 1909-05-01

with the heavy frame now enjoyed in
this territory ~ the Al4bAma Great
southern. The chattanooga Southern.
which now operates from Chattanooga
70 oAdsden. would not permit, II IL
said. the operation OF fast trains with
out Z considerable amount Of repairs.
This u understood to be contemplated
BY the manaxemaf>f. This report has
gained considerable currency. and It IL
gsneraIlys credited.
The y. and n would by combina-
tfou with the 6eabcard AIR Line trains.
BE- enabied 10 operate passenger trains
v1G Wel1fnEton to Chaffalzooga, IL the
opinion o. many railroad mon II has
bsen pointed out that with passen-
ser service BIZ Caiera the l.. and N.
cou1d serve considerable undeveloped
territory which would net the road
large returns. 40
Il IL 4 fact that Milton H. Smith,
President Of tho, T.. and N, was In
Gedaden iaDt week. and. has been over
the prospective route via wellington
and Cartbrsvfllo into Chattanooga, as
we'll e. the fact that there are cnEi-
neers In the fsid who are said tn be
drawing pay from the l.. and n. and
II iss also safd they are figuring to
keen e. n HArriman from getting the
Central Of Georgia ana the Illinois Gem
trail Together ~ Chattanooga.
Anniston would very likely be made
division headquarters OF . division OF
the road should the deal be carried
through
The Montgomery advertiser., 1909-05-01
NEGRO BOY HELD FOR
POST0FFICE ROBBERY

Before United States Commissioners
John A.. Elmore, yesterday morning at
10 o'clock. John Leo Sellers, the little
negro accused OF robbing the United
States mail, was given a preliminary
hearing. From the evidence produced
the Commissioner bound the negro over
to await action OF the Federal grand
jury in the sum OF $500.
Testimony to the effect that Sam Mi
nor, a negro special delivery clerk, had
hidden himself behind the glass wih-
dow OF the former ONCE of the postal
money order clerk and had watched
the box of the Loeb Carriage Company.
Minor stated that he saw the little me-
gro open the box and extract the con-
from the building. and when the boy
opened the letters on Dexter Avenue.
took him In hand after good tussle.
Sellers told the Commissioner that
another negro boy, Sam Moore, had Sc
cured the key to the box and that MI
nor had told him to get his mail from
the box. Sellers said that he opened
the mail on. the sidewalk, because he
wanted to see what Sam was getting.
and he knew Sam couldn't lick him.
when he discovered that all the letters
had bean examined.
Sellers stated that he was employed
by the Penick Company and that fire.
Quently he went for mail He did not
open the letters to Mr.. Penick because
he knew better.
The Commissioner after the testi-
mony decided to hold the little negro
for the Federal grand jury.
The Montgomery advertiser., 1909-05-01
TWO FUNDS FOR THE
FARMERS, INSTITUTES

That the Code provides two sepa-
rate appropriations for the expenses OF
Farmers instituted. 10 the subject OF
an opinion rendered BY Attorney-Ge
eral CARRIER at the request OF Commits
sioner of Agriculture Wilkinson. Sec
lions 70 and ~. according to the opin-
ion, makes provision for an annual ap-
preparation Of $4,000, out OF which the
expenses OF Farmers institutes are to
be paid; Section 81 provides that the
Commissioner, at the approval OF the
Governor, is allowed a sum not exceed
ing $500 each month, to be devoted to
the expenses OF the department, exclus-
i've Of salaries. amopg which expenses
Is included the Farmers Institutes.
The opinion of Mr.. CARRIER. 10:
April 20, 1908.
Hon. ]. A. wilkinson. Commissioners
of Agriculture and Industries:
Dear Sir--I have your favor OF the
advised whether expenses OF Farmers
Institutes can be paid under Sections
rs and ~ OF the Code. 4.s
TN reply I beg to advise you that
the act Of August Q. 1907 .(Gen. Acts.
1907, D. 1913 which act was codified In
70 the Code of 1907, as the aforesaid
Sections Nos. rs and "a, provides an
appropriation of $4,000 Ito be paid on
the approval Of the Governor for the
purposes therein named. including the
holding of Farmers Institutes; and this
appropriation 10 In addition to the ap-
preparation provided by Section 81 Of
the Code.
Yours very truly.
Alex M. CARRIER,
Attorney General.
The Montgomery advertiser., 1909-05-01
EAT WHAT
YOU LIKE
If Your Digestion Is Good You'll
Enjoy 1t. II You Don't Enjoy
1t, Take a Little Kodol. 1t
Digests All Food You Eat.

We mean any kind of food 1t makes
no difference what you may eat--no
matter how difficult OF digestion your
food NAV be for the stomach. little
Kodol viii digest 1t. A tablespoonful
will digest 2.25 pounds of food easily
and naturally. just as healthy sfom-
ach does. That Is why Kodol IL so sure
TO prevent dyspepsia and the many
other serious ailments which result
from undigestedf food remaining in the
stomach Indigestion and dyspepsia
are always caused by food not proper
~ digesting. In your stomach. When
your stomach cannot properly digest
food. of itself. II needs little assia-
tance--and this assistance IS readily
supplied by Kodol. Kodol assists the
stomach. by temporarily digesting all
Of the food In the stomach. so that the
stomach may rest and recuperate. Ko-
dol Is really very excellent prepare
tion for any digestive disorder. Our
guarantee--Get q dollar bottle of Ko-
dol. II you are not benefited--the
druggist will at once return your mon
ey, Don't hesitate: any druggist will
sell you Kodol on these terms. The
dollar bottle contains rs times an much
as the soc bottle. Kodol is prepared
in the laboratories of E. c. Dewitt &
Co, Chicago.
The Montgomery advertiser., 1909-05-01
TO TRY U. 5.
OFFICERS HERE
Criminal Cases Moved to
Federal Court.
JUDGE JONES ISSUES ORDER
Andrew Collier and Jim Ellis Shot
Harmon Evans.
A. Result Of the shooting Of Evans,
VINO was said to BE . Moon
sinner, the oneer.
Were Arrested.

Judge Thomas G. Jones of the United
etates Court for the Middle District
OF Alabama, yesterday issued an order
removing the case of Andrew Collier
and Jim Ellis. from the Circuit Court
OF Barbour County. to the United States
Court The order was made upon the
presentation OF a petition by Collier and
Ellis.
The clerk OF the Federal Court was
ordered to issue a writ of habeas cor
nus. cum causa. upon the sheriff OF
Barbour County, commanding him to
bring the prisoners to Montgomery and
to turn them over to the custody Of
the Federal Court. An order was also
issued upon the clerk of the Barbour
County Court. to furnish the Federal
Court with all records and transcripts
In the case.
II would appear from the petition
which was presented to the Federal
Court that Collier and Ellis were
United States deputy marshais. and that
in pursuance OF their duty they made
an attempt to arrest one Harmon
Evans, white man OF Barbour. ae-
cused OF violating the Internal reve-
nue. laws. Collier went first to Evans
and attempted to make the arrest. but
deemed II wise to abandon the project,
The Montgomery advertiser., 1909-05-01
GO TO WASHINGTON
OFFICIALS BEAR THE DEFENSE OF
THE STATE.


Hearing the defense of the State In
the rate battle which has grown to
involve more than one billion and a
half dollars In penalties against the
prisonment Attorney General CARRIER
left last night for Birmingham, en-
route to Washington. At Birmingham
he will meet Judge 8. d. Weakley. and
the two will depart today for the ma
tionai capital. and the fight before the
Supreme Court, which the railroads
are urging to secure q writ OF certio-
rari.
The briefs OF the state and railroads
will be submitted Monday. and it 10
probable that Colonel CARRIER will re-
Thursday, as no arguments will be de-
livered before the Supreme Court
The entire issue before the Supreme
Court on Monday will be the acquisi-
ton of q writ Of certiorari by the rate
fighting railroads., to take the fight on
Alabama.s STATUTORY rates from the
Court Of Appeals to the Supreme Court.
The brief OF the State, which has
been fled. deals with a denial of the
right to issue writ In the instance. "A
portion Of the brief, containing the
gist of the States argument, is:
"Conceding that the power Of this
Court In certiorari extends to a case Of
this character, we respectfully insist
that In this case there Is no sufficient
ground for certiorari.
Prior TO the creation OF the Circuit
Court OF Appeals the writ OF certiorari
was used by the Supreme Court as an
auxiliary process only. to supply Inn
projections in the record of case al
ready before 1t; and not. like writ OF
error to review the judgment of an in
ferior court. There is, therefore. no
ground for issuing a writ OF certiorari
unless ii be found in the act creating
the Circuit Court OF Appeals"
1t further shows that the Supreme
Court has held heretofore that certio-
rari should issue only when the court
Ia satisfied as to the gravity and gem
eral Importance OF the issue: when It is
necessary to avoid conflict between
two courts OF appeal. or the Court Of
Appeal and the state. when some mat
tera affecting the interests of the ma
tion are at stake.
The application in the present case
does not come within any of the above
conditions" II il continued" which the
decisions Of this court have declared
are the only conditions which will JUS
tify its interposition by certiorari to
review the decree OF court Of APP
peais."