davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09

reached the conclusion that upon this
question the statutory rates fixed by
either and both. statutes are not re-
munerative."
Conclusions of the Court.
In giving the reasons for such con-
illusions, the decision SAYS:
THE unquestioned and undoubted
rule is that there is a presumption both
of fact and of law in favor of the valid
ity of every legislative enactment. The
railway companies have the burden of
removing, this presumption, and show
ing that the statute clearly. OF as some
courts say. paipably, and others say,
beyond reasonable doubt, that the
statute is invalid. In these cases the
court has recognized this rule. The au-
thorities upon this question form long
and unbroken line. with the single ex-
ception of the majority opinion in the
Pennsylvania case decided a year ago.
(6S Att. Rep. 676) And that one author
ity is not persuasive.
"All testimony and argument upon
the question as to what consideration
the legislature of Missouri gave to these
enactments, is utterly immateTial
Much was said in argument as to the
message of Governor Hughes of New
York two years ago in declining to ap-
prove the 2-cent fare statute of that
state. Governor Hughes had the moral
courage to veto a measure of popular
favor, because, as he believed. the ques-
ton had not been fully considered. But
the relations of a governor to proposed
legislation and those of court TO leg
islation consummated, are entirely diff
ferent
The Nebraska Case.
Most of laymen and many lawyers
believe that the question is whether the
railway company as a system is earn
ing suffcient revenue upon the value of
the property of the system. They be-
lieve that if the Burlington. Santa Fe,
wabash, OF any other railroad system is
earning such money as will pay all
charges and expenses, including taxes
and interest. with reasonable dividends
to the stockholders, that state rates for
state business must stand. OF course
no one believes this who has given the
slightest attention to the question. That
precise question was before, and was
decided by Justice Brewer, and affirmed
by the supreme court in the Nebraska
case of Smyth VS.. Amss. The only
question is as to Missouri rates. less
expenses properly charged against the
same And if this balance does not
leave sufficient to pay reasonable re-
turn, the law is invalid. And if the
railroad system of any company is earn
ing more than reasonable return by
reason of interstate rates, which affect
the people many times more than local
rates, and if such interstate rates are
too high. congress. either acting alone
or through q commission. must make
the corrections.
Consolidated Gas Case.
THE supreme court during the pres
ent year in the case of City of New
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09

Kansas City, Mo, March S--A nota-
bic decision in favor of the railroads
was handed down today by Judge Nc
Pherson of the United States district
court i'm the 2-cent fare and maximum
freight rate cases, involving eighteen
Missouri lines. The GailToads commended
that the rates fixed by the statutes of
the state were not remunerative, but
confiscatory, and that the enforcement
Of the statutes be enjoined. The state
brought proceedings to have them en-
forced.
The question" said Judge McPher-
son in his decision, lis whether the
traffic wholly within the state Of Mis-
souri, generally referred to in the evil
dence as local traffic, can be carried
under the freight rate statute of 1907
and the passenger fare statute of 1907
al such profit as will give a reasonable
return after paying expenses upon the
investment, OF whether such traffic is
carried at d loss or less than such rea
sonable profit. The court has
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09
At Hot SPRINGS.

Hot Springs. Ark. March S-A terrific
5iectric and rain storm swept over this
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09
RAILWAYS WIN
CASE AGAINST
OLD MISSOURI
Passenger and Freight Rates
Established by the LegiS-
lature ConfiSCatory.
OPINION HANDED DOWN
: IN u. S. CIRCUIT COURT
REASONS FOR HIS CONCLUSIONS
GIVEN BY JUDGE M'PHERsoN-
STATEMENT OF GOVERNOR.

/: q (: Z: @ . g 9 g q. 9 @ g g q g g (: g
:. jefferson City. Mo, March s. &:
:. Following the adverse decision to 4.
:, the state in the federal court at q.
= Kansas City today. Speaker Spear q:
of the Missouri house of repre- Z:
. sentatives today introduced a bill 4:
. prohibiting the issuing of passes g
9. by railroads under penalties of 9
8. fine of from $40 to 500. Officers, q
., employees and charity workers are .
g, exempted from the bill. 4.
/. Representative Cross introduced 9
. 4 bill requiring all railroads doing 4:
e. business in the state to incorpo- =
., rate in Missouri. This will give 2
.. the state control of the railroads. .
{. . . o o o . {. :. . =, . % . q q (:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09
FIRE FOLLOWED
IN PATH OF WIND
Arkansas Swept by Tornado in
Which Many People
Lose Lives.

Little Rock. Ark. March S-A number
Of persons are reported killed. many in
JUred and an immense amount of property
destroyed in a tornado which swept Ar
kansas late today. st. Louis q South
western passenger train was blown from
the tracks near Baucum. il is said. while
going d fun speed.
The entire town Of Brinklev was de-
stToyed. according to reports from the
south. eight people being killed and 9TH
ers hurt
ley had collapsed. the WreCkaEC took fire.
The blaze was soon beyond control. and
latest advices were that the destruction
of the town would be complete
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09
Finally Brought TO Trial.

After many delays the cases were fl
nally brought to trial before Judge Nc
herson. Both sides presented q long
array Of figures to uphold their claims.
The court room was crowded today with
lawyers and railroad men, eager to hear
Judge McPherson's decision.
After the decision rad been handed
down the views of the attorneys of both
sides of the controversy We're sought as
to what immediate effect the opinion
would have. While several railway at
torneys intimsted that the individual
railroads would soon 90 back to the j.
cent passenger rate. none was able to
state specifically that this would be done
or if done when the action would be
taken
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09
History of the Case.

The maximum freight law as passed
by the legislature involved reductions
ranging from per cent to ~ per cent on
heavy freight in carload lots. The rail-
ways secured a court order temporarily
restraining the state officials from put
ting this act into effect, and on June II,
1891, Frank Hagerman, representing the
various railroads, petitioneu the court to
make this order permanent. BY mutual
agreement and at the suggestion of Judge
Mcpherson. who desired to have q praC-
teal test. the 2-cent passenger rate law
was put into effect on June H. 1907. to
run three months. At the end of that
period both sides agreed 10 continue the
rat e in effect, as the results obtained
had not been considered sufficient. and
tire law is still being enforced.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09
Statement of Railway Attorney.

Frank Hagerman made the following
statement to the Associated Press for the
various railroads:
THE maximum freight laws have never
been enforced because temporary injUnc-
tiCns were granted when they became ef-
fective. Therefore the situation as to them
will in the future be the same as it has
been in the past. The 2-cent fare law
has. however. been enforced. From the
decision OF the court the state may ap-
peal 10 the supreme court of the United
States. Pending that appeal the railroads
will not be bound by the law and may
at any time adopt and put in force the
old rate by publishing new schedules as
required by law. The state law requires
ten days notice of an advance in the
state rate; the interstate commerce law
requires thirty days notice of any change
in the interstate rates.
What rate the railroads will adopt and
when It will be put in force must OF
course. be determined by the traffic Off
cials after they have carefully consid-
cred the text of the decision.
Litigation in Other States.
The two-cent fare rate is the subject
OF pending litigation in Minnesota, South
Dakota Nebraska and Kansas. 1t is not
conceivable that If the rate is confisca-
tory in Missouri it can be compensatory
in any of such states What, If anything.
will be done in other states has not been
determined In view of the thorough in
vestigatiOns and the decisions in the
Pennsylvania and Missouri cases. it is
doubtful whether any state will Anger
attempt to keep in force u two-centN
law Oklahoma makes provision there
tor in its constitution, which may be diff
fiCuit TO change.
Judge Mcpherson preese1ed with I'M
usual care and caution and al great per
sonai sacrifice TO himself. heard the tes-
timouy orally. He has laid down in sim
pie words certain rules. by the use of
which any legislature seeking to pass a
rate law. or any railroad desiring to con-
test one. can readily determine whether
it is confiscatOry. These rules are:
Ascertain the value OF the entire rail-
road property in the state: of such value,
assign TO the traffic TO which the rate
in question applies such proportion as
the revenue from such traffic bears TO
the entire state revenue: upon this as
signable value there must be an annual
return Of at least s per cent; expenses
as between state and interstate business
must be divided upon a revenue basis and
have added thereto the extra cost of do
ing state business over interstate bust
ness.
State Will Not Rest.
Elliott w. Major. attorney general.
said.
I'VE won't give up the fight for lower
railroad rates in Missouri. I take up
the case today where Governor Hadlev
left il off and shall continue his stand.
We have two forums IN which to fight.
The one is the highest tribunal in the
republic. the other the legislative branch
Of the Missouri government. The legiSla-
tuTe is now in session. and 7 will en-
deavor to have some action taken If pos
sible during the present session. We are
allowed two years in which to appeal the
case TO the United States supreme court
but We shsll take our Tine"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09

reached the conclusion that upon this
question the statutory rates fixed by
either and both. statutes are not re-
uaunera tive -
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-09

THE supreme court during the pres
ent year in the case of City of New
The San Francisco call., 1909-11-17
I he lnsider
Women Exclude Men N
Not Considered Nice L

~
Not Considered Nice exalted
anything more snSn
would for there IS nor
society Neds burden every year
penetrating and maeS lapp
possible desires heir 10 w
whispered clubdom that the stores society
against ngated by T. NJ Oen""
nobody could least bow1ng
odd families: who the possible from inc
doesn't from the OF managing
assemblies and from the mpounieS OF tose ~ W
i'm to sponsor climber and
of mas
cohlon club which has been das
many hard pobenhen ne arranged ~"
only OF the ern
upon desiring membership As rule Lewau
had Judgment
added The something
the list had oen
psed preceding The girls chosen for the committee are "
popular pretty beauty and popularity they add very
they dancing When the Original
O did lot OF tnSs
by blue pnc
tale Travelled to me
off dashed the
through who had already paid IN tne
like it bit Perhaps they howed
They certainly chances the
closeddoo to Nous
They what the committee said We don't like to
what could anybody answer to uh
a powerful argument
The San Francisco call., 1909-11-17
Letters From the People
RECORDS OF TWO GENERALS

Editor Call: In the discussion as
to whether General Miles ever COM
manded corps dur ng the civil war
one of your correspondents mentioned
General G. NJ. Dodge as a corps COM
.nander. Strictly speaking, General
the Atlanta campaign he commanded
two divisions of the Sixteenth corps
known as the right wing, the other
1.-TWO divisions being commanded by
General A. J. Smith, and they were
switched out of their proper place by
being attached to Banks army in the
Red river campaign.
At the close of the Atlanta cam
paign one division of Dodge's command
was attached TO the Fifteenth corps
(Logan's), and the other to the Sew
enteenth (Blair's), and General Dodge
was called to Washington by the presi-
dent and sent west on an important
civil duty. And this came about in
rather an odd way In 1857 Mr. Lincoln
went to Kansas, in connection with a
lawsuit in which he was one of the
counsel. On the way he stopped a day
or two at the Pacific house in Council
Bluffs. Iowa, and there met G.. NJ
Dodge, who had just arrived with
surveying party which had been sent
west of the Missouri river by rail-
road company to find a way of getting
a railway line started toward the Pa
cific coast.
Mr.. Lincoln was intensely interested
in what this active young civil engineer
had TO say as to the result of his
work and when, in 1854, the Union Pa
cific enterprise. which had been in
augurated in December, 1862, became
involved, he remembered the talk he
had had with Dodge and directed him
to go out on the line and help to get
the business Strengthened out. Later
General Dodge became chief engineer
of the Union Pacific.
General Miles was never a corps
commander JOHN r. BELL.
Oakland, Cal, November Is.
The San Francisco call., 1909-11-17
.Congratula-
lions Due TO
Oakland

existing
the fullest of natural advantages.
already competent abor all odds the safest
the 1t only needs deepening and the of
loading unloading great The
OF these facilities has been long held back by lack
among the chiefly The establishment
relations among these interests finds striking illustration
the vote on the proposed issue of bonds.
great deal Oakland this establishment
relations all parties the develop
ment cys potentialies
control make that front
accessible to ships of the heaviest draft.
Francisco reoces the growth progress Oakland
bay ciesSan Francisco Oakland Berkeley and
add Raaeare all and homogeneous
growth with equal STEP whose should
"One for all and all for one
The San Francisco call., 1909-11-17
Answers to Queries

JEM MACE-Subscriber. City. Can you give
q short sketch of Jem Mace, the old time pugi-
list?
He was born at Swaffham, near Nor
wich, Eng, in 1881. His first fight was
with Slack of Norwich, whom he de-
feated. Then he met Bill Thorpe at
Medway with similar result, He had
a battle with Bob Brettle September 21
1858, who whipped him in three min
utes and two seconds. Mace then had
several encounters. being successful.
after which he again met Brettle and
was victor in IL rounds. June IS, 1851
he met and won fight with Sam
Hurst, and in 1852 he also defeated
Tom King. and then King won a sec
ond fight they had in November of that
year. Mace defeated Joe Goss in 1863
and again in 1855 and then met Allen
near New Orleans in 1870 whom he
defeated in the tenth round. He had a
number of agreements to fight, but the
authorities broke up the affairs gen
orally, and then Mace went to Aus
tralia, where he made a fortune. His
height was feet inches and weight
generally $50 pounds.
FLUCTUATIONS T. L. GoIdfeld Ney
Why is the 4th of March selected as the sav on
which. to inaugurate the president of the United
States?
From the days of John Adams the
presidents elect of the United States
have. entered upon the discharge of the
duties of the office on March with
the exception of the years son which
that date fell on a Sunday. 1t is ap-
propriate that the president elect
should be inaugurated or sworn i'm at
the time he takes office That was the
practice. set by Adams and it has been
followed ever since.
EARTH AND SUN--Subscriber Oakland Cal
When is the earth nearest the suna
Astronomers say that the earth is
3.f12.560 miles nearer~the sun January
! than it is July J..
LOOPING THE LOOP-E. A. W. stockton
Cal. Please state which way the automobile
turned in looping the loop in the Ringing Broth
ers' circus, forward or backward:
Forward.
The San Francisco call., 1909-11-17
THE =. SMART =. SET

autumn foliage. and ehTysanthe-
NUNS had a prominent part in the
scheme of adornment. for great clus-
ters of the flowers were used against
a background of yellow and brown
foliage. The gowns were particularly
attractive, and the debutante wore
one of the noticeably pretty creations
in white satin and net. The net over
white satin was embellished with crys-
tails and a girdle Of pearls. and she
carried white roses. Mrs. de Pue's
gown was in the new beige shade of
silk crepe, and was made in the prin-
cess mode.
Among those who assisted Mrs de
Pue and her daughter in receiving
their guests were.
The San Francisco call., 1909-11-17
Old Timer Objects
to New Street Names

o,s T...o ns:oc4. like the
- - ~'. ature"7a asked the old timer he laid down
10 New Sfreet Names with OF dsdan !
haven't lot of arbitrary Unless there
Aenany should
and under whole church and All
all
and monastery there lie mas
good right my opinion, be honored Starr King
And Slman? Silver the pioneer
gold the old
Silver the old time homes OF astocracy
ssomco of fourn nowb citizens
Serpenne become Lockey road Why It's Original
the Bernal foothills
The his criticism ames D. Phans TRADE
against the Canine ReaIbe
Jnmys kick garden
Valencia street used to brass deer
The San Francisco call., 1909-11-17
Marketing
California
Fruit

OF the California fruit distributors, which handles
the exported CROP explained the purposes this
By this do advisable ship your poorer
There sale
honestly labeled All the fruit not be fancy and if you'll
Of combine you'll You by
combining the pack the buyer OF fancy fruit does neither
does the the grade while
his
vii
simply 5 o
to
do
wit As
ought heavily half of
o do We
back of
cultivation and Of the pruning knife
These would not
argument for the practice of leasing orchards to more
less irresponsible for short periods The esees who
chiefly japanese stake the reputation brand and
they pack fruit every which way The damaging TO e
market for products If there be reform in this
direction it only be made effective by compelling
packing This problem that
cononts the OF orchards and only oval
cooperation 1t object that will promoted
by meetings such that held Vacave centers of
the fruit growing industry
The San Francisco call., 1909-11-17

to become a great manufacturing center OF
the Pacific coast. Its capabilities in that re-
gard have been delayed of fulfllment only by
lack of development of the natural facilities
for bringing ship and rail together. The de-
velopment and most profitable use of the
The San Francisco call., 1909-11-17
What Does
Spring Valley
Really Want?

administration black eye the
assuming drag progress direction which
represents aspirations body
Francisco In fact organized labor and the people who their
little deeply interested getting reasonable
than the larger who strong enough make their
1t the small that always suffers most at the
hands OF monopoly administered for private gain
The paid by the small consumer OF water San Francisco
something like high those charged any other city
equal Importance and they continually being pushed upward
another Spring Valleys high
hindance the development of the
The did right proceed with the previously
decided without the Tor sale OF the
plant by Spring Valley company It
necessary question the good faith these propositions but Of
purchase the distributing plant simply
pepoou The assigned value OF $9OO0OOO is quite twice
much the installation equally good system would cost That
proposition may be dismissed without serious consideration
The other proposition submit the valuation of the whole paint
board arbitration comprising eleven members should be- and
On its face open
the result OF such arbitration would not bind either
result might be- probably would be- leave just
when started AS the arbitration proceedings
would necessarily great deal OF time the prospect DOGS
appear inviting
Indeed the city seven years engaged
identical inquiry with this important difference that the pro-
eedng the of the United States to ascertain the
value OF the Spring alley plant would authority than the
findings board OF arbitration If the
this proposition what objection offer to being bound by the
judgment OF the circuit III this matter?
The corporation continued fight off and delay judgment
pending years. until the delay
grave Observation of its tactics in this
encourage the belief that the would anything by begin
ming all again the identical argument and involved
the proceedings
Even this long drawn have time
1t has reached that where the corporation shortly
submit final brief long overdue and making every allowance
for ingenuity lawyers promoting delay the end
may be regarded in sight
Giving weight condition of litigation
find the inspiration of proposition looking another years
afidavis the Spring Valley company really
and unbiased of why should
engage itself bound by the findings of Judge harrington
The San Francisco call., 1909-11-17
Shameful
Disregard for
Human Life

mine They were given chance for their lives While the
of air shut off possible that men below might
for three weeks and there
That chance was denied them to the property
We be exhibitions sordid greed in one
shape another but when this accompanied wholesale dis
human life severe 800
with families dependent them doomed TO certain death
to save some property
The San Francisco call., 1909-11-17

HE Call congratuaes Oakland the impressive unanmty of
body taking hold like of the propositions
needed public Oakland marked by destiny
The San Francisco call., 1909-11-17

three explosions OF dynamite have more OF
less wrecked an equal number of gambling
places and the police of the city appear to be
wholly unable either to stop the crusade or dis
cover the crusaders. Indeed, the police would
seem to be equally at fault in locating the
The San Francisco call., 1909-11-17

@HICAGO suffering from crusade of very extraordinary
character in which the used promotion of
- dynamite bombs. Since 1907 thirty
The San Francisco call., 1909-11-17

mine at Iherry,eIIl, admits that once the shaft
was sealed the imprisoned miners could not
live more than two hours. The exits were
closed by order OF the mine owners to save the
property from destruction by fire. That was
sentence of death on all the men caught in the