davidaulloa/AmericanStories huggingface dataset:
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
STATE LOSES CASE
AGAINST BOSTON
AND MAINE
Test Of Law on Telephone
Rights in Stations
NEW ENGLAND co. WINS
Peoples Telephone Sued for Privilege
TO Maintain instrument at Bar
ton Landing Depot.

Montpelier Feb. 3.-The February
term OF supreme court, under the re.
arrangement caused by the new law,
opened at 10 o'clock yesterday morn
ing at the state house with all the
judges present, Chief Judge Rowel
presiding and Judge George NJ. Pow.
ers, the recent addition to the court,
occupying seat on the bench.
The court handed down a decision
in state against the Boston & Maine
railroad, brought primarily to test the
socalled telephone law giving compel
ing companies equal rights to place
their Instruments in railroad stations.
The court held that the denial OF the
railroad company to allow the Yer
mont Peoples Telephone company
the same terms and equal privileges
as the New England company" to in.
stall telephone in the station at Bar.
ton. was not q violation of the stat
ute. What were considered equal
and reasonable terms" for one com
pany, might not be so considered for
another company. AS the company
did not violate the statute, the ques-
lion Of the cOnsututionality of the act
was not considered by the court.
Judgment was reversed and the res
pendent was discharged
The court reversed the judgment of
The lower court in taking from the
Jury and ordering a verdict for the de-
iendant in the case OF Harold Ram,
by his next friend, against DR.. NJ c..
rwitchell and the Mary Fletcher hos
pital, case tried in Orleans county
court Because OF the reputation of
! he defendant as an Ophthalmologist,
and his standing in the professional
world, the question whether there was
malpractice was for the jury to de
eide. The Ram boy lost an eye from
curiosity to open a railroad torpedo,
and a piece Of tin an inch in length
was removed from the eye after he
had been treated at the hospital and
sent home
Another case reversed was Charles
A. Wells against the Boston & Maine
The plaintiff having been awarded
$500 damages In the lower courts for
injuries alleged to have been received
! by being elected from the train at Bar
ton for not paying his fare.
The petition OF Russell w. Taft
against Winona Taft of Burlington to
bring forward his divorce case, was
| dismissed.
Several minor decisions were an
nounced. The court has decided 20
hold a special term at Bratleboro the
third Tuesday OF this month, il The
work is finished here in time.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
MANCHESTER CENTER

Mr.. and Mrs. Peter Snyder OF Dor
set we're in town Saturday.
Frank Wilson of Rutland was in
town Saturday to see his mother.
The card club will meet with Miss
Mae Whipple Thursday afternoon.
st. Margarets Guild will meet with
Mrs. w. H. Roberts Tuesday after
noon.
Mr.. and Mrs. Charles Parker left
for indianapolis Ind, Thursday where
Mr.. Parker's father is Ill.
A number from here hope to attend
the play polly Of the Circus in Ben
nington Wednesday evening.
Mrs r. Bradley who was taken to
n hospital in Troy Thursday is doing
well, the operation being successful
Mr. and Mrs. Cochrane who have
been spending several weeks in Brook
lyn returned home Wednesday,
Rev. Harry MacCready and his
mother who have been visiting friends
in town. have returned to their nome
in Providence, II. |.
The old folks of Zion church VIII
have sleigh ride Tuesday evening II
there is good sleighing. They Will
can on Mr.. and Mrs. Bates.
The card club gave a reception &c
their friends in Union opera house
Friday evening, Mrs. Charles Kan
/ dali and Edith King we're the winner:
Delicious refreshments were served
and the hall was artistically decorated
| for the occasion,
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
SOUTH SALISBURY

Another little fall of snow, but no
sleighing to speak of.
Z Buck and wife of Arlington
spent Sunday with his fathers fami-
lily.
The higher grades in the village
school are taking examinations this
week,
The temperature was milder on
Tuesday little furry of snow last
night
Miss Bessie Niles spent Saturday
md Sunday with Miss Alice Young at
SALISBURY Depot,
Mrs. Grant Bronson spent a few
days last week with her mother and
sister in Troy. She returned early
this week
The Misses Gordon of North Ben.
| nington spent Sunday with friends in
this place, Miss Mary beinC a guest
Of Miss Clara Hawkins.
The Epworth League meeting was
held on Tuesday evening Regular
prayer meeting of the church on
Thursday evening The Junior
League on Thursday afternoon inn
mediately after the closing of the
day school.
Fred Sickle, Jr., returned from
SYNDICATE on Sunday and he reports
his sister, Miss Bessie, somewhat inn
proved. The injury to her foot when
out coasting proved more serious
than at first thought She can use it
a little but time must be the healer.
On Monday William Cole received
news of the death of his aunt Miss
Sarah Brannan. She died in Wash
ington d. c., where she had been for
some time. Her death was sudden.
The deceased was a sister of the late
Mrs. Peleg Cole Miss Brannan had
up TO the time of Mrs. Coles death
been frequent visitor In town. The
remains of the deceased will be taken
to Englewood n. j., and taken from
there to her earlier home In Wiscon
sin (if correctly informed) to the
town of Fon du lac. The deceased
had for many years been teacher II
New Jersey. A work that she loved
and was fully adapted to. The
friends in the village have missed hel
frequent visits She was person o
high ideals, noble christian charac
ter and one felt that they had beer
bothered after a social hour with her
She was very much endeared to thu
deceased sister (Mrs. Cole) and fel
such loneliness visiting here atte
her death The nieces and nephew
(Cole family are so widely scattered
l. that they will hardly be able to &c
to Englewood unless It should be VIM
|. or Bruce Cole. one nephew, Charlie
/. Cole and sister, Mrs. Susie, wife Q
Z DR.. Miner, lives in Vallejo, Cal
. Louis Cole in the state Of Washing
r ton, Mrs. Charles Carruth in Mans
!. field. Mass. One sister survives !
q nngiewood, N. Y, Mrs. Charlotte va
3 Honker. son DR.. Byron and daughte
/. Carrie. The relatives have the slI
oere sympathy of many friends her'
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
100000 GRAFT IN
NEW YORK SNOW
SHOvELING
Fraud Investigation Puts 80
Men in Jail
JEROME IS GETTING BUSY
Contractors Bills Rave Been Held Up
and Only Recruits from Bread
Line" Are Paid.

New York, Feb. S.-Deputy Com
missioner Hogan of the Street Clean
ing Department said at midnight that
thirty men had been made prisoners
as a result of the snow removal inves-
tigation District Attorney Jerome
started late last night at his Office in
to- alleged snow removal frauds The
men are being arrested as they testi-
fly. AT least five more arrests will be
made it is predicted
With District Attorney Jerome are
Commissioner Edwards, Mr.. Hogan,
Magistrate Krotel and others.
Messrs Edwards and Hogan had
talk with Mr.. Jerome during the day
at his office. At 4 o'clock Mr.. Jerome
and the commissioners met in the Ho
tel Marie Antoinette where Commits
siOner Edwards lives. From the hotel
orders were issued for central office
detectives to find certain men and es-
cort them to the district attorneys
office
1t is understood that some Of these
men were found at the station of the
Street Cleaning Department at nth
street and Avenue c, and others at
the Office of DAILY & Mclean, snow
contractors for the End, 9Th, 9TH, and
Sth districts, at No. 10 East 42nd st,
Leaving the Marie Antoinette, the
commissioners and the district attor-
ney went to the Cafe Boulevard, Sec
ond avenue. From that place other
orders were sent out calling for the
summoning of certain individuals to
Mr. Jerome's office
A messenger was sent from Mr..
Jerome's office to obtain books and
papers at the snow removal bureau,
at NO 500 Fifth avenue. Books and
papers were also taken from the de-
partment stables, 18th street and Ave
enue c.
The investigation is being carried
on under Magistrate Paul Krotel A
great many witnesses have been ex-
amined. It is said that under the sys-
tenn of graft which it is alleged was
being worked the city would have
been mulcted of upward of $4,000 or
900 00O-if the checks had been cash
ed. The contractors bills have all
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
JAP BILLS UP TO-DAY
No Likelihood Of Passage-NeVada
Attitude Belittied

San Francisco, Feb. 3-The anti
Japanese agitation on the Pacific
coast which has been famed into
new life by the introduction Of radi-
cal measures in the legislatures Of
California and Nevada, has been car
ried on quietly for some time by the
Asiatic Exclusion League, but appar-
emily in causing no excitment in eth
er state outside of the capitals.
National attention has been at
tracted by the efforts Of President
Roosevelt, seconded by Governor Gil
lett, to prevent any legislation that
may lead TO international complied
lions and in this connection the ad-
dress of Foreign Minister Kofura in
the Japanese Diet declaring anew the
peaceful policy of his nation. has
caused considerable comment II is
being used by the advocates of friend
ship with Japan to show that both
countries are at present in accord
and as an argument against any I'M
friendly action by the representatives
of the people Of California at Saora-
mento.
/ All of the bills introduced In the
California legislature have been made
the special order of business in the
Assembly for today and lively debates
are anticipated.
The attitude of the Assembly in re
gard to these various measures is
uncertain. A majority is claimed by
those in favor of anti-Japanese legis
lation. which claim that all of the
bills will pass. Those opposed t.
the enactment of such radical laws
however, declare that none will &c
through except possibly the alien lane
bill
1t Is believed that the Senate vii
be more conservative. and those who
desire TO abide by the President
wishes and do nothing to offend Jap
an are confident of being able to Kill
in the upper house any Objectionable
measure that may get through the
Assembly.
The resolution of the Nevada Leg
islature approving the proposed leg
| islation hostile to the japanese
passed the Assembly of that state to
day. after the elimination of the caus
tic comment on President Roosevelt
it originally contained, and 1t is eX
pected to go through the Senate. II
has been received coldly at Sacra'
mento. Members of both houses APP
parently resent any interference
with their home affairs.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
PERU

soually weather for few days.
our representative, f. r. Crossman
came home Saturday.
Plans are being made for service
appropriate for Lincolns centenary
on Feb. a.
Ice houses are being filled the past
week with a good quality article
from the Griswold pond.
Friday evening. jan 20, a party OF
fifteen went to Winhall Hollow ana
attended the closing exercises OF the
school there. The entertainment was
pleasing and credltable to both pupils
and teacher.
The annual meeting of the Peru
Cheese Factory association was held
Monday afternoon. G. l.. Richafd
son # r. Crossman, u. NJ. Batcheld
or 10 C. simonds and l.. j. Whitney
we're elected as directors and M )
| aapgood as auditor for the coming
year,
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
ELks pEpIcATE HOME
Delegation From This Town Attended
Exercises In North Adams.


About thirty members Of the local
lodge, B. r. o. Elks went to North
Adams Tuesday evening to attend the
dedication exercises OF the Elks' new
home In that city. The evenings CT.
ercises consisted of speaking by dis
tinguished Elks present and singing
followed by sumptuous banQustAn
orchestra was in attendance and rsa-
dered excellent music.
Prominent Elks from Northampton,
Greenfield, Boston and other Massa-
chusetts cities were present, also
large delegations from Hoosick Falls,
Troy, Pittsfield and Bennington.
Among the prominent members OF
this famous fraternity who were pres
ent was District Deputy Erwin OF
Greenfield, Mass.
The new home OF the Elks in the
Tunnel city is perhaps one of the fin
est in the country considering the size
OF the city. Several months ago a
large private house was purchased for
the sum of $1,000 by the lodge Since
then an addition, about 60 feet In
length, has been built and fitted up as
a lodge room.
The members OF the local lodge
who were present made the return
trip in a special car chartered from
the Berkshire street railway for this
purpose
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
GREENE CASE is DISMISSED
Lltigants at BrattIeboro Sell Store
and Settle Dispute Out of Court.


Brattleboro Feb 3.-'n Probate
court the petition of Mrs Addie E.
Greene filed recently, asking for the
removal of Harry p. Greene from his
position as co-executor with her of
the will of George Il. Greene, has
been dismissed. The petition as
originally fled charged that Harry
p. Greene had taken and appropriate
ed to his own use money and goods
from the store and had knowingly
permitted his brother X. L. Greene,
to do the same thing without the APP
prevail. knowledge or consent OF Mrs.
Greene. The answer OF Harry p.
Greene was filed shortly after the
petition was presented and absolute
iy denied the charge. The store has
since been sold to w. F. Root, Harry
p. Greene having been paid $1,000 by
Root as a bonus.
The court struck out the charge OF
wrongdoing made against Harry P.
Greene and r. l.. Greene and then
dismissed the petition. This was
done in stipulation signed by Addie
II. Greene and is a withdrawal OF all
charges of wrongdoing.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
YOUTH SET $4,000 FIRE
Discharged Employe confesses to
Burning Veneer Mill.

East Haven. Feb Following a
fire which practically destroyed the
veneer mill OF the Vermont branch
of the Williams Manufacturing com
pany Sunday night, Sheriff Carl Bailey
arrested Melvin Nelson aged u.s., dis
charged employe, on the charge of ar
son. The young man, it is alleged,
made a partial confession of the crime
and il is expected that he will be
bound over for trial at the next term
of county court.
The fire broke out about 1890 o.
clock Sunday evening and was discov-
cred by two Polish slate workers. The
companys Waterman had made his
rounds half an hour before and found
everything all right. The flames had
gained considerable Roadway when
discovered and before sufficient water
could be obtained all hope of saving
the plant was lost
When an investigation was made
early the following morning, suspicion
attached to young Nelson, who had
been employed as an engineer in the
mill. After his discharge Saturday
morning, It was said he made threaten
ing remarks and some persons claim
ed that they had seen him near the
mill last evening about o'clock Mel
son has once been an inmate of the
reform school.
The loss on the mill and contents
will amount to about $4,000, large
amount of fine stock being destroyed
Insurance will partially cover the dan
age.
The headquarters of the company Il
at Northampton, Mass, and the yer
mont mill was used for the manutac
ture of hard veneer. II. l.. William
of Northampton Is president of tn,
company IL Is expected that the mil
will be rebuilt.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
Nth Their Feet that Their Brains Never Have Realize They're Not Ge
JANUARY WEATHER
About . Degrees Warmer Than the
Average for So Years

The monthly meteorological sum
mary for Albany, n. Y. for the month
OF January shows that we had Is
cloudy days. seven partly cloudy and
six clear.
"A far - temperature goes the
month was warmer by about three de-
grees than the average for the past
&c years. The average for the month
was &c; the mean for SO years 23.3;
The highest temperature was SO on
the 9Th and the lowest IL below on
the 18th.
The total precipitation for the
month was three inches including 1876
inches snow fall. The average for SO
years Is 2.s1 inches. There was more
rainfall last month than during any
January since 1892. The prevailing
direction Of the wind Was south with
q maximum velocity of 81 miles per
hour on the 18th. There were four
togs during the meath and enc thun-
dersterm.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
Ex-eAME WARDEN ARRESTED
Rupert Man Accused Of Killing 4 Doe
During the Open Season.

County Game Warden Harry Chase
was in Rupert Tuesday and arrested
Merritt Horton on the charge OF hay-
ing killed a doe during the hunting
season last fall. Horton was before
Justice A. E. Burton and hearing fixed
for next week. His bail was fixed at
$3.50 which was furnished by c. NJ.
Lincoln.
Horton was formerly game warden
in the town of Rupert but because OF
being accused of breaking the law
instead of trying TO enforce it, he was
not reappointed this year. 1t is said
that the fish and game laws have been
broken more in Rupert than in any
other town in Bennington county.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
TRAINED oINosAURUs
Carried With the Great Y. NJ. c. A.
Circus.

Among the amazing sights to be seen
at the Y. NJ. c. A. circus which visits
this city on Friday and Saturday Of
this week Is the dappled Dinosaurs,
the only trained specimen in existence
A monstrOus marvel of the Antedilu-
Wan Past The enormous size OF this
beast cannot be appreciated by fig
ures, it requiring several special box
cars to transport its massive bulk,
and one extra car to carry the means
of its subsistence.
This dark, dazzling, deadly, delac-
Grating dinosaurs has been complete
~ tanned and trained after years OF
persistency and patience Of its wonder
full trainer, Prof. Zanti.
Everyone should see this instruc-
tive and amusing specimen Of the dark
ages, which is alone worth the price
Of admission.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03

MccABE is COMING BACK
Sheriff Goes to Poughkeepsie for Ran
dophs Alleged Forger.

Montpelier, Feb. 3.-Sheriff Frank
II. Tracy has gone to >Poughkeepsie,
n. Y, to bring back William McCabe
who is under arrest there. McCabe's
home is in Mooers Forks. n. Y, but
January 10 he was at work in a
creamery at Randolph and it is al
legged that he forged the name of
Arthur Lamson of Brookheld to a
check for 1894. IL is stated that he
obtained the money in Mortified. He
had left the state before the forgery
was discovered and yesterday was
located in Poughkeepsie. AS pay
nent on the check was made at
Mortified, the case comes under the
jurisdiction of Washington county
officials.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
MAYOR CALLS MEETING
Citizens Of Burlington to Vote on
$4,000 champlain Fund

Burlington, Feb. S.-Mayor Bigelow
in response to petitions has authoriz-
I'd a call for a city meeting Tuesday.
February 16. at city hall, to find out
whether the citizens will authorize
the city council to issue the ci'y's neg
otiable notes for sum not to exceed
$4,000 for local expenses OF the Cham
plain tercentenary celebration.
Assurances were received yesterday
that Burlington is likely to have the
big annual carnival Of New England
motor boat enthusiasts during the
Champlain tercentenary week. The
boat races are usually held at Boston.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
Many Men are Like Squirrels Cage They Work So Hard With Their

been held up while the investigation
is being conducted only the bread
line" men-those working with shoy-
sls-being paid.
Commissioner Edwards has ordered
all the men having contracts with the
city for removing snow to quit work,
Beginning today the department will
do its own carting and removing
Deputy Commissioner Hogel who
was in charge of The Bronx, has been
suspended.
A city automobile containing Com
missioner EDWARDS ran down and ser
iously injured David Oppenheimer Of
No. 1921 Madison avenue, at 18th
street and Madison avenue He was
taken in the automobile to Bellevue.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
$l47s,l27l2
LIABILITIES
Amount due DapOSlt0PS SlS4aS3
Surplus 1888 70
$I,473,I27l2
$I,473,l27.lS

Dividend ia uary ist, 1863, was at the rate Of
per cent per annum
Divid ,nds are declafed twice year, viz. as
of tn first ays of January and july, according
10 law.
All divide -ds not withdrawn will be added to
the princi al and draw Interest a. new depO its,
whether bank book is presented or not
Deposits made on or before the fifth day Of
any month draw interest from the first day OF
that month,
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
PROF. LOOMS DEAD

Native Of Burlington and Former Pro-
fessor in Vermont University
Burlington, Feb. 3-Prof. Horatio
Loomis, son of the late Henry Loom
is, died in New York Tue 'day morn
ing after long illness. His wife who
was the daughter of the late Z. j..
Phelps OF Burlington aud two brothers
William of New York and Luther Of
rev Rochelle. \ i. sGrylve. The
h r3' Will he here Prof Lnnmis was
G. adua.ed from III. university Of Yer
riout n 1875 a1d studied chemistry
in Germany. He was professor in
the university OF Vermont from 1856
10 1897. He was tarn in Darlington
in 1855.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
T., WEDNESDAY, FEBRUARY 3, 1909
SEC. LIEUT.. NEWTON
Elected Tuesday Evening at Meeting
Of COMPANY <

Frank B. Newton was Tuesday eve
ming elected second lieutenant OF Co.
X, V. \. G., TO I'LL the vacancy caused
by the resignation Of Roy Johnson
who Is now residing IN New York.
The new second lieutenant 10 one
OF Bennington's best known young
men. He is hard worker in what
ever he undertakes and his addition
TO the list of commissioned officers
of the local company should increase
the general efficiency of the organi-
cation.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
FOR RosslNe HIS COUSIN
Charge on Which a Worthwhile Pole
Was Arrested.

Morrisville, Feb IA Polish board.
ing housekeeper, Tony Sielugoskl vas
robbed Monday of S2SS.o0 and his cOu-
sin, Frank Sielugoski, is under arrest
at st. Johnsbury charged with the
theft. 1t appears that the money was
taken about noon and that Frank went
to St Johnsbury by freight train. He
was about to board a faster train in
the afternoon when the st. Iollnsbury
authorities, who had been posted
about the crime, detained him. He
has been employed at tho tannery of
the Warren Leather company.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03

TRUSTEES: 1. E. Gibson, Presi-
dent; ]. R. Juds n, Vice President;
E. D. yelling, John Robinson, A.
B. Gardner, E. n. Putnam, Ed
ward L Sibley
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
coLoNlALs WON
Defeated Y. NJ. c. A. Team at Candle
Pins Tuesday Evening

The Colonial candle pin team de-
feated the Y NJ. c. A. team in the Co.
lonial alleys by large total Of 140
pins Corbett Of the Colonial team
had the high roll Of LOG pins.
The score was as follows:
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
REPEAL HUNTERS LICENSE
The Residents Of Adirondack Coun
ties DO Not Like II

Albany Feb. Sowing TO opposl'
ton among residents of the Adiron'
dack counties to the law requiring
any annual fee of one dollar for IL
cense TO hunt, Assemblyman Weaver
of Clinton has introduced q bill re-
healing the law so far as II affects
residents OF the state but continuing
An effect the provision requiring non
residents to pay license of $50
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
WEATHER FORECAST
Probabilities for This Section for the
Next "a Hours.

For Eastern New York and Western
Vermont threatening with probably
light snow tonight or Thursday War
mer.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-02-03
JURY LOCKED UP FOR NIGHT

Had Not Reached Verdict In MumIey
Case.
Middlebury, Feb. S.-The jury in the
case of Raymond Mumley against the
Rutland railroad company was locked
up for the night last evening, having
been unable to agree upon verdict