davidaulloa/AmericanStories huggingface dataset:
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10

day: and therefore all the means
which common usage shows to be rea-
sOnably necessary for these purposes
are not forbidden
Com. VS.. Nesbitt, 81 Pa. 39S.
In Com. vs.. RObb, II Pa. C. c. r.,
473, il was held that the running on
Sunday of mail trains and freight
trains carrying perishable property is
a work of necessity"
It has been held not to be unlawful
to ride to a funeral on Sunday (Horne
vs.. Meakin, 115 Mass, 326); riding to
visit a sick sister (Cronan VS.. Boston,
1876 Mass, 3S4); travelling 10 visit a
sick friend Doyle vs.. Lynn r. Co., lis
Mass, 1851; d servant riding to pre-
pare needful food for her employer
king VS.. Savage, 121 Mass. 303); a
father riding to visit his two boys
CMcClary VS.. Lowell, "A VT, 116).
STREET Cars Not Unlawful.
In the case of Day Us. II. Co., 135
Mass, 113, it was held under the facts
in that case that the running of a
street car on Sunday was unlawful,
but the court said: I'VE do not in
tend to decide that a street car may
not be so run on Sunday as to come
within. the exception of the statute
and be employed in a work of ne
cessity or charity"
In Phila R Co. VS.. Phila. T. CO.. %
How. 60. 81, 209. the supreme court
of the United States said: 1.-THE
Massachusetts decisions upon the
Sunday law depend on the peculiar
legislation and customs of the state,
more than on any general principles
of justice or law
Under date of May End, 1903, Hon.
Charles B. Parkhill, who was then
he oh Of
this county a written opinion in which
he stated that the weight of authority
was TO the effect that the running OF
railway rains and street cars on Sun
day is a work Of necessity" and in
view of the decisions above cited, and
considering the fact that the street
cars are used by the people in riding
to and from church, to visit the sick.
On missions of charity. for exercise
and fresh air, and other lawful Dur-
poses, 1 am of the opinion that not
only the weight Of authority, but the
better reasoned cases hold that the
operation OF street cars on Sunday is
work Of necessity
Hacks Necessity.
understand that Mr., Parkhill sub
seQuentIy gave the sheriff an opinion
that the operation CT public hacks on
Sunday was q work Of necessity"
within the meaning Of that term, and
applying the principles announced by
the courts in the cases cited socte By
way OF analogy. I am of the opinion
that the operation Of hacks on Sun
day would probably be held to be
work Of necessity"
As 10 the delivery Of milk on sun
day, / would call your attention 10 the
case of City Of Topeka VS.. Hampstead
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10

So Kansas, 32S, 40 Pac. Rep, 81, which
seems TO be sound on principle, where
it was held as follows: This claim
is without merit, as the delivery of
milk to his customers may be fairly
classed in the works of necessity
which are expected from the operation
of the law. II was necessary to milk
the COWS, and dispose of the milk
while ii was fresh, and hence the la
Dor was a work of necessity. 1t was
a work of necessity as to his custom.
ers, as much as that of druggist
who furnishes medicine to the sick,
or that of the hotel keeper who fur.
nishes food for his guests, or OF the
water company which supplies water
for its customers. Such employments
are generally regarded as necessary,
and not within the inhibition of ths
Sunday laws"
Butcher shops come under Section
1866, which provides; Whoever
keeps open store or dispOses of any
wares, merchandise. goods or chattels
on Sunday, or sells or barters the
same, shall be punished by a fine not
exceeding fifty dollars"
In Petty vs.. State, SO Ark, /; %
s. w. Rep, it was held that a butcher
shop was store" within the mean
son from keeping open store on Sun
day, and that meats and vegetables
were merchandise"
In Arnheiter VS.. State, 115 Ga, 572;
Al s. +. Rep, 9S9, it was held not to
be work of necessity for a butcher
to sell meat on the LOr1's day to his
customers merely because they chose
as matter of convenience or prefer
ence not to make their purchases on
the previous day.
See also People VS.. Hagan, SO Misc.
IN. " $40.
Our statute, however, provides that
"In cases Of emergency or necessity,
merchants, shOpkeepers and others
may dispose Of the comforts and ne
cessities of life to customers without
keeping open doors" Meat is gener-
ally considered a. necessity of life, but
what would constitute an emergency
or necessity" would depend on the
facts Of each particular case, and no
iron-clad rule can be laid down that
would govern all cases.
Respectfully.
SCOTT N. LOFTTN.
County Solicitor.
Regarding Wharf Work.
Il viii be guided entirely by what
Solicitor Loftin has said in ais let
ter to me-" said Sheriff Van Pelt last
night.
He will visit the wharves Of the
Louisville & Nashville and shops OF
that company today for the purpose OF
seeing If work is being carried on at
those places. but viii make no arrests.
If ne finds that work is being done za
will consult with the solicitor Moz-
day morning regarding what actioE
to take.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
OPERATION OF CARS AND
HACKS NOT a VIOLATION

duty, and the. obligations they are I'M
der to others have been considered in
determining the character of labor
falling within the statutory prohibit
ton
SBy a work of necessity is not
meant physical and absolute neces-
sity, but any labor. business or work
which is morally fit and proper TO be
done on the Sabbath under the cir
cumstances of the particular case. -
"a A & Z. Enc. Law, 399, and cases
cited.
in Commonwealth VS. L & y r. R..
so Ky. 291; "a Am. Rep, AS, the
court said: NO safer rule, We think.
can be established, or any better def
milton given of the word necessity.
than is found in the decision cited as
adverse 10 the views therein express
ed. and that IS: The law regards
that as necessary which the common
sense of the country, in its ordinary
mode of doing business. regards as
necessary The change in The habits
and customs of the people, and the
mode and character of transportation
and travel. makes that a necessity at
this day that half a century since
would not have been so regarded"
Private ConVeyances.
After holding that it is a work of
necessity" for a railway company to
run trains for passengers, mail and
express freight on Sunday, the court
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
M. H. JUDD IS IN
PENSACOLA AGAIN

II. II. Judd, formerly of Pensacola,
but for the past two years a resident
Of Chattanooga, is i'll the city for the
winter. He Is accompanied by Mrs.
Judd and by their kinspeople, Prof.
and Mrs. s. c. Harding. of Ravenna
Ohio. all OF the party being located at
the Southern.
Mr.. Judd still retains most of his
property interests in Pensacola and il
is possible that he may again locate
here for his faith in the city's coming
greatness has never wsvered.
Prof. Harding is supervisor OF music
In the public schools Of Ravenna, but
ID away on g brief vacation. He is
very Sayorably impressed with Pensa-
poia and thinks the climate here is de-
hshtful.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
FOR RENT.

FOR RENT very desirable s-room cot
tage. with all modern cOnVeniences, 800
w. Chase St. at $3.50. Fisher Real
Estate Agency 10janfW
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
Naval Stores Inspection Bill,
They Say, Would In
lure the Port.
is SENT TO SENATOR
TALIAFERRO, WHO TNTRoDUc-
ED THE MEASURE, AND ALSO
TO SENATOR MILTON AND CON.
eREssMEN sPARKMAN AND La
MAR.

Every bank in Pensacola has enter
ed a vigorous protest to the passage
of senate bill No. 1857, relating 10
the inspection of naval stpres, (which
was recently introduced in the senate
by United States Senator Taliaferro
Of Florida, and which, the bankers
claim, viii irreparably injure Pensa-
cola, owing to the fact that a large
amount of the naval stores brought
to this city is produced in Alabama
Yesterday the bankers wired a pro
test to Senator TalisfeFrO, Senator
Milton and Congressman Sparkman
and Lamar. The wire TO Senator Tai.
iafeTro was as follows:
Pensacola, Fla, Jan. 8, 1909.
Hon. j. p. Taliaferro, United States
Senate. Washington, ID. c.:
I'VE strongly protest against the
passage OF naval stores inspection bill,
senate bill No. 1867, which will iRjure
the business and commerce of this
port irreparably.
(SignedO
PEOPLES NATIONAL BNK,
by J. S. Reese, President
FIRST NATIONAL BANK.
BY VIM. H Knowles, President.
AMERICAN NATIONAL BANK,
by G. w. Lamar, President.
CITIZENS NATIONAL BANK,
by L. Hilton Green, President
PENSACOLA STATE BANK,
"By c. II. Jernigan, Vice President
and Cashier"
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
There Will Be No Interior
ence Upon the Part of
the Sheriff Today.
SOLICITOR LoFTIN ADVISES HIM
AS TO THE LAW OF THE SAB
sATH-ANY WORK OF NECEs-
SITY MAY BE PERFORMED.

There will be no Interference by
the sheriff today of the operation OF
street cars, public hacks, private con-
veyances, or delivery of dairy pro-
ducts Furthermore any work of ne
cessity may be performed, but whether
or not it is necessary for that work
to be performed will have TO be de-
cided by the solicitor and courts. So
licitor Loftin yesterday advised the
sheriff as to his Interpretation Of the
law, and what constitutes a violation
of the Sunday laws.
In this he says the operation of
street cars, public hacks, etc, are a
necessity, and also that the delivery
of milk is necessary. Regarding meat
market she says that each individual
case would have to be settled upon its
merits
The Attorneys Opinion.
The opinion OF the county solicitor
as directed to the sheriff IS as fol-
lows:
Pensacola, Fla, Jan. 9, 1909.
''Mr. James c. Van PeIt, sheriff, CITY.
Dear Sir: Replying to your in
quiTy as to whether the operation Of
street cars and public hacks, the de-
livery OF milk by dairymen, and the
keeping open of butcher shops, on
Ounuoes NC III hAO4dtlDu VI the SL&L-
uteS Of the state Of Florida, would
say that as to all except the keeping
of butcher shops open on Sunday de-
ponds on whether this is work of ne
cessity" within the meaning of that
term as used in our statutes.
II you apply TO these words their
scientific or physical meaning, that is.
that the work must be inevitable, prac-
tically all labor and work would have
to cease, but the courts have utter
preted the words as having a legal
meaning. designed TO apply TO the
wants Of the citizen. adapting the
language IN its construction TO the
manners habits, wants and customs
of the people Il is TO Affect and in
many cases the rights and duties of
those charged with public or private
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
SCHOOL HOURS
ARE CHANGED
Schools Viii Open at s:45
and Close at 3:15 With
Hour For Dinner.

The following order has been put
into effect by the new school board:
The New Order.
Pensacola, Fla, Jan. ., 1909.
Public School Teachers, Attention:
From and after this date, the pub
lie schools throughout the county will
be required to begin school work
promptly at S:45 a. m, and to close
az BIS D. M. of each day, thus giving
one hour for the noon recess instead
of 80 minutes as has been the rule
heretofore.
BY order of the Board of Public Ed
Uoation for EscambiR county, Florida.
n. b. COOK,
Secretary and County Superintend-
ent
Considerable Dissatisfaction.
The new order has created some
dissatisfaction and whether or not II
proves satisfactory to all interests
can only be demonstrated after a
trial
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10

HINE-ROOBI HOUSE. with bath. u East
Belmont, $500 month Apply Y M
C A. ian3tf
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10

FOR RENT-FURNISHED HOUSES IN
ANY PART OF THE CITY FROM $50
A MONTE UP. JNS. ~. DAY, EAST
GARDEN STREET. 5dec
FOR REET-Large brick warehouse on
Railroad street. Apply to Jas. McHugh.
Inc v
FOR RENT-New store and fiat, with
all modern conVeniences, at los East
Intendencia. Apply 307 W. Chase St.
21noY
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
The Attorneys Opinion.

The opinion OF the county solicitor
as directed TO the sheriff IS as fol-
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
LOST.

LoST-Sunday. probably on PalafoN
street or BAY Shore car line, a small
black poeketboolx containing three twenty
dollar bills ana some memora ma Finder
VIII be literally rewarded for returning
same 70 TINS Once 5janl "
LoGT-A diamond studded gold locket
and fob on street Thursday night
Finder return to Earl Williams, at dem
S3loen and receive reward. Sian
LOET-ORe bunch of keys. Return J. f.
Dubutsson & Bro, and receive reward
2jan
STRAYED-From MonrOe's Still Black
man, Fla, bright bay mare, heavy
built with black mane and tail, star in
forehead. If located notify me, Black
man, Fla, and receive reward. p. w.
WfIkS. 1jan3ws
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10

Hard to believe that Big
Bear Cigar is only 5 cents.
Isn't it2
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10
LIVE STOCK
AND POULTRY

EGGS. hoe each: Thoroughbred baRred and
white Plymouth Rsclss, White Leghorns,
RrzhRRa, Langahangs,. Reds. Run of
yards, IS hundred EEe. W. p. Reed l23
N. BaFeeiona- 6tan-feb11s
II You HAVE saytk1ng fsF rent wig rot
AaYaEt1ss e n thesS cstasans7 Every
enc 81 sure - see IT.
EGGS are HgEs3 ce4Asy's LAgAa Fs1fe
EGGS are EgEs) IL effective.
F. S. AELLEN 4 Co, Phone No SS4
ECgs EQA SETTING Pure Bred
Eaask Einsrca, NOrthups Strain, and
Barred Hschs. ''rhe Rnglets,, Bayview
Park Poultry TzFas, 14th and 10th avenue
p. o. BSX SIS. ". 7. Tracy. 7nov
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-10

WHITES PHARMACY
now carries complete line of
Bear Brand Preparations.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-18
LOWER TENDENCY is
AGAIN PRONOUNCED

New York. Aug. 1.-THE reaction
ary tendency manifested by the stock
market yesterday becaHo more pro.
nounced today, with early declines In
n majority of the standard issues
Sentiment appeared 10 have switched
around very decidedly although sur.
face conditions were for the most part
unchanged. There was d recurrence
of rumors regarding the health OF a
prominent financier now abroad. and
the long continued droUth ln the Nep.
raSka corn belt excited some appre.
hension
From the very outset the market was
irregular. chiefly owing TO a series OF
bear attacks which convereed largely
around the Hartman issues The only
prominent stocks 10 display steadiness
were New York Central uud Atchlson
Transactions were again very large
with London a reported seller here TO
the extent of $4,000 shares, chiefly
the Harrimans and u S. steel com
mon. There was q general late re.
covery from the early heaVIncss which
had its inception in a fresh buying
movement in Union Pacific
The rest of the active list moved
along In sympathy, the net result be-
ing gains which ranged from frac-
tions in the Harrimans issues 10 three
points In Chicago and Northwestern
and point or more in Atchison. New
York Central and the steel Issues.
Illinois Central and louisville and
Nashville did not participate In tho
recovery and some OF the less active
stocks. including American Cotton
OIL registered material losses.
There was a statement nom rep
resentative OF the interstate COM
merce commission predicting a revlv'
al of the enormous railroad traffic of
1907 In international banking circles
there was talk of resumption OF
gold exports to Argentine
The money market was very strong
With further indications or strength
Ing of sales. Same call loans were
again made at IL per cent, but this
was the maximum figure.
Bonds wore irregular.
Total sales, par value. S3.SSO.OOOs
Government bonds were unchanged
on call,
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-18
MRS. J. M. SUTHERLAND
LAID TO FINAL REST

Impressive funeral services were
hold yesterday afternoon at 2 o'clock
at Larkin g. Sons chapel over the
body OF Mrs. Johanna Mckenzie Suth-
crland. The services were largely at,
tended by sorrowing friends and
relatives of the deceased. and
brought to the bier as tokens
OF esteem. Elder Samuel Whit
taker presided over the ceremonies
and was one OF the speakers. Musical
numbers were furnished by Miss Stella
Wright. who sang the solos Softly
and Tenderly' and Some Time Well
Understand" and Mrs Mary Farley.
who sang The Christians Good
Night" and After"
Bldors Abraham Evans OF Brigham
City, II, w. Manning OF Hooper, and
Patriarch George w LHrkin OF Ogden
euloglzed the departed, calling atten.
ton to her many good qualities as a
mother and q Latter-day Saint. Tho
burial took place In Ogden City cem-
etery.
The cause OF Mrs, Suthorland's
death was Of peculiar nature.
About q month ago when she and her
daughter were standing near the cor
ner of Washington avenue and Twen
ty-third street. q suspicious looIlna
character approached them and Mrs.
Sutherland, suddenly seized with the
thought that the was a "holdup" and
intended to rob her. became frightened
10 the point OF fainting. When she
was resuscitated Ii was discovered
that she was Speechless, She remained
In this condition until her death last
Saturday.
The physicians found that blood vcs-
sells OF tho head had been ruptured,
which caused partial paralysis and de-
prived her Of the use of the organs of
speech.
Mrs. Sutherland was born in Scot
land, May 3. 1851. She came to this
country only few years ago, and had
spent most OF her time since in Park
City. She had been living In Ogden
only about six weeks when she was
stricken with paralysis. Mrs. Suther-
land was the mother of seventeen
twelve OF whom survive her.
Five daughters and one son were al
her bedside when the end came The
other surviving children-6ve sons
and on daughter-are living In Scot.
land.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-18
cURTiss MEETS WITH ACCIDENT

Rheims. Aug. l7,-Leaning heavily
on cane and suffering from Injuries
received when his aeroplane fell dur
Ing practice spin yesterday. Glenn
II. Curtiss. the American aviator. to-
day superintended the repairs to his
damaged machine and tonight had the
satisfaction of seeing It entirely re-
stored and ready for flight Mr.. Cur
tiss is eager TO start immediately with
the trials. but HIS friends are endeays
oring to dlssuade him from taking any
chances. declaring that he is likely TO
augment his injury, which would en-
tlrely disable bin and prevent his par
tlcipatlon In the races which begin
next Sunday.
Mr., CurtiSs describes the accident as
being primarily due TO a leak In the
gasoline tank. which caused the motor
TO stop. After this, cross-currents of
air forced him heavily to the ground.
Wrlghts viii Not Sue.
Courtland Field Bishop, foreign rep
resentatlve OF the Aero Club of Amer.
lea today denied that the Wright
brothers purpose suing Mr.. Curtiss for
an alleged violation OF their rights.
He added that the relations between
the Wrights and Mr.. Curtlss were
most cordial
French entrants for the aviation
week began practice flights tonight
NJ, Tissandier. In a Wright machine,
flew for three minutes and was fol-
lowed Immediately by NJ. LefeYre. also
In a Wright bi-plane, who rose In
the air without the use OF derrick ana
spun around the field for twelve min.
utes
NJ Delagrnnge, with Bleriot mono
plane, succeeded In making brief
flight after q false start.
interest In Events,
AS aviation week approaches, inter
est in the event increases. Both from
spectacular and scientific standpoints
the races are expected 10 mark an
epoch. and as far as the types OF aero
planes are concerned, TO demonstrate
respective values OF monOplanes and
bi-Dlanes. 1t is certain that the races
will develop an interesting contest
for supremacy between the two mod
els. OF the thlrty-eight aeroplanes
entered for the races. twenty-three are
bi-planes and fifteen monoplnnes.
Bethany. small village near
Rheims. which obtained It's first glory
when the emperor OF Russia reviewed
the French army there a few years
ago. Is the seat OF the aerodrome and
already the mecca OF thousands OF per
sons who are arriving by train and
automobile for tho contests OF avia-
tlon week.
The lodging Of the visitors will be
4 huge problem.
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-18
POET LURED BACK
TO GOLDEN WEST

New York, Aug. 1S.-The lure of the
golden west has called Edwin Mark
ham, the California poet. whose The
Man With the Hoe brought him
fame, and he Will desert the east to
return to his old home in California
Concerning his change OF residence.
Mr.. Markham said
New York is the commercial cen
ter of the country and it Is growing
to be the literary center. but am 60
Ing back TO California. Once the charm
OF that golden climate gets into a
mans veins he may roam all over the
enrth, but he will always long to re.
turn to the sunset land.
My best Inspirations came TO me
there. 1t was there that / awoke one
day to find myself acclaimed a poet,
and the call OF the east with its mil
lions and myriad industries came TO
me and. like Bret Harte. | obeyed It,
have been happy. but. like the old
darky In the north. I hear the call of
Dixie land and | must go"
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-18
is THE 6URll lNGT0N
BACK OF BAMBERGER

With the double cracking Of the Ore
gon Short Line system between Og
den and Salt Lake, which will be COM
pleted next spring motor cars arc to
be placed in service 4 Salt Lake
paper saws special significance might
be attached to the establishment OF
the gasoline motor service between
ogden and Salt Lake. which will be
done just as soon as the road Is dou-
BILE tracked, At the present time the
double track extends to Woods Cross.
II Is persistently rumored that the
Burlington will eventually so into Salt
Lake City from ogden over the Salt
Lake &c Ogden railroad, and that its
electrificaiion Is simply in line with
the electri6cation of other James j.
Hill terminals. This theory IS some
what strengthened when it Is taken
Into consideration that the Oregon
Short Line has always fought Simon
Bamberger. the president OF the Salt
Lake G Ogden railroad, and 1t was
with great difficulty that Mr.. Bamber-
ger was able to build the line There
are those who say that II Is a sure
sign that the Short Line fought Bam-
berger so fiercely not because he was
building a private road, but because 1t
was said that Hill was at the back of
The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-18
BOUND T OR
Ne v YORK
Hartman Will Complete
Cure, inEurope,
at his home

Paris Aug. 1s-E r. Hartman left
Paris at IL o'clock this morning for
Cnes'JGur5, WncrD he oIll euIoai,- On
the Kaiser Wilhelm III for New York.
Through his secretary. Mir, Price. he
informed the newspaper men that he
was going TO his home at Arden TO
rest and complete the cure inaugurated
In Europe He said also that he had
no immediate intention OF resuming
business activities,
"Mr, Hartman" said Mr. Price.
planned originally TO return home on
the steamer Nauretania, sailing Sept.
4. but he suddenly changed his mind
when he found he could be accommo-
dated at home now that his health Is
improved Harrlman's physician. DR..
Lyle. who accompanies him, declared
that If Mr. Hartman was weaker, It
was an effect Of the rigid treatment
he had undergone