davidaulloa/AmericanStories huggingface dataset:
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
SERIOUS CHARGES IN
CONGRESS AGAINST
JUDGE MCPHERSON
Missouri Representative Would
Probe Record of Federal
Judges.

Washington, May 5.-Making serious
charges against Federal Judges John
F. Phillips and Smith Mcpherson. of
the Western district. of Missouri, Rep
resentatlNe Murphy, of that state. in
a resolution today to investi-
gate their d in the litigation be-
tween the state and the railroad COM
panies over the maximum freight rate
law and the Missouri two-cent passen-
ger rate law.
The preamble of the Murphy resolu-
ton claims that the two Judges accom-
panied certain railroad attorneys on a
nShlng trip, on which occasion niem-
bers of the party We're arrested for vio-
lating the game laws of the state.
The resolution charges that Judge
Philips neglects his duty by continued
absence from the bench and that when
ne does preside the our is in session
for only four hours each day.
Says He's Insulting.
Nh. Murphy desires the general con-
duct of Judge Phillips Investigated,
contending that he is insulting TO tho
attorneys n are compelled to prac-
1ice in his court and also that he has
at various times instructed the jury to
brliEg in a certain verdict. If the jurors
bring in a different verdict, declares
the resolution. Judge Philips becomes
insulting and practically charges liz
they violated their oaths as jurors.
me resolution cltPS the various
phases of the litigation. including a
statement that the railroads agreed to
establish certain railroad rates within
the state of Missouri in violation OF
the antitrust law. 1t is stated that
the w judges rendered certain de-
c1sions which in effect usurped the leg
1slatlVe powers of the legislature.
Against Hadley's Advice.
Jefferson City, Mo-. May 5.-Governcr
H10lCV this 1nDTDjnrr sent a faI,pV.o,, y,
10 Congressman Murphy requesting
him not to Introduce the resolution
asking for Investigation of Judges Me-
Pherson and Philips in connection with
he Missouri rate cases.
The proposed action by Mr.. Murphy
was i~nstigated at his OWL instance and
not because of amy request or sugges-
ton from me-" 81 ia tho voyarpnr
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
POWDER EXPLODES At
1000 FEET DEPTH
Several Workmen in Coal Mine
in Pennsylvania Are
Injured.

Pittsburg, Pa, May g. An oxplosiuli
of powder, 1000 feet under ground. in
the Aroma mine of the keystone Coal
company, of Aroma, Westmoreland
county, seriously injured seven miners
today and caused a panic among 200
others.
The men were riding into the mine
on a train Of electric cars for the days
work, when there was a binding fash,
accompanied by q deafening roar. Fol-
lowing the explosion the men fed to-
ward the entrance of the mine, but
finding there was no evidence of gas,
some of the men returned and attend
ed the injured men, who were taken to
q hospital Mt Greensburg.
Fulminite was used in the mine. and
the use of powder was forbidden by the
company. 1t Is believed a can of about
five pounds was being smuggled into
The mine and was ignited by a spark
from the trolley. The mine was not
damaRed
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
REDUCTION IN OIL
PRICES BY STANDARD.

Pittsburg, Pa. May GA reduction OF
s cents q barrel was announced today
by the Standard Oil company in the
price OF all grades of crude oil, except
Ragland. which Is unchanged. This Is
the first change in the Pennsylvania
and most of the other grades since
March 8, 1907, since which time the
Pennsylvania crude has been quoted
constantly at SITS.
The prices effective at 10 o'clock this
morning: Pennsylvania, $1.73: Meyer
Black. $1.20: New Castle, 31.17; Corning.
$1.O9; Cabell. 1927: North Lima. 99c:
Lima. Ohio. &c; Somerset, SIC; Rag
land, 6Oc; Canada. $1.29.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
LOCK TYPE OF CANAL IS
o. KID BY CONGRESSMAN

New York. May 5.-Further indorse-
ment OF the lock type Of canal and
assurances Of the stability Of the
Gatun dam were voted here by mem
bers of the congressional party which
returned on the steamer Panama after
an unofficial inspection Of the canal
Representative William Darius ia
mieson, Of Iowa, said that the alarm
ing reports circulating concerning the
state Of Gatun dam had no foundation.
I'VE gave particular attention to this
section Of the canal work." said he.
land I. for one. am satisfied that the
dam is safe for all time"
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
AUTO, SELF STARTED, RUNS
AWAY WITH THREE GIRLS

Mt. Sterling. Ky. May 6.-An automobile
in which were Miss Ethel Green, the
Misses Margaret IN Fanny Robertson
and three escorts on a pleasure trip from
this city was stopped nea Kiddville while
the men went to the aid OF some women
whose horses had become frightened at
the machine.
The automobile suddenly started up on
Its own Initiative and. carroming on q
cherry tree. threw out the Robertson girls,
slightly bruising them. Continuing on it's
course. it ran into a house at the foot of
the hill, demolishing the building and
leaving the third occupant, Miss Ethel
Green, uninjured.
The automobile. having done a good
days work, came to a halt.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
DELAWARE e. HUDSON
CLAIMS NOT AFFECTED

New York. May 5.-W. S. Opdyke. .ir..
general counse or the Delaware &
Hudson company. one of the defendants
in the commodities case. aid today:
This decision allows the railroad
companies. to continue as now con-
stituted, that is, those which do not
own the coal mines directly, but exer-
else control through coal companies.
whose stock they own. Reading. Penn
sylavnia. and In part, the Erie, Lehigh
Valley and Jersey Central as well as
the Ontario & Western come within the
Interpretation of the courts decision.
The Delaware & Hudson sells i,s coal in
and its status is not af.
bV the decision
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
ARRESTED IN ROW
OVER A TOMBSTONE

Washington, May 5.-Following the
arrest Of Riley Anderson, at Allentown,
on Saturday. charged with removing a
monument from the burial lot belong
ing to Julia A. Nandergrift. a prelim-
mary injunction was applied for today
by Mrs Nandergrift to prevent Ander-
son and others from removing the body
OF her husband and his mother.
Mrs. Nandergrift alleges that Riley
Anderson, Henry Anderson, l.. r. Boyd
and H. H. Dawson have removed r.
monument from her lot to another and
are proceeding to I'VE the old inscrip-
lions CUT of and new ones cut on it.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

New York. May 5.-Philadel-
phia & Reading slumped 3
points in the New York stock
market on the announcement of
the commodities decision and
the rest of the market weakened
moderately. Before l o'clock
Reading recovered it's loss and
the whole market became in
tensely dull. Delaware & Hud-
son lost Ia and Pennsylvania
l on the break. but both recov-
cred the losses.
Confusion as to the effect of
the decision caused an extreme
of uncertainty on the exchange.
Brokers bought and solo stocks
for a few minutes entirely on re-
ports of the decision that reached
the floor. Activity on the floor
conferred almost completely in
Reading. Thousands of shares
Of that stock We're bought and
sold.
Officials of the coal roads af-
fected by the decision said that
until they had an opportunity
to carefully consider the text of
the courts decision they would
make nc comment on its provis-
ions.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
COMMISSION WILL PROBE
MISSOURI RAILROAD RATES

Washington. May ain the Senate
today Mr.. Warner moved consideration
Of his resolution authorizing the In
terstate commission to i'm
vestigate the rates of Is Interstate
roads doing business in Missouri to
determine whether they are charging
unreasonable rates. Objection was
made by Mr.. Store, who said he want
ed to further examine the measure,
He also objected on the ground that
by the rule under which the Senate
was proceeding only the tariff and
census bills ould be considered.
Senator Hale and Senator ENkins
made similar objection and the meas
ure was referred to the committee on
Interstate commerce,
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

INDIANAPOLIS. IND.-The "drys"
and the vets are busy with option
elections today in Pulaski. Clay
and Spencer counties. Spencer is an
Ohio river county. Both shores Of the
Ohio have been wet" since the river
has been navigated by white men. but
with the anti-saloon campaign sweep
ing Indiana the river countless" Ohio.
Switzerland and Jefferson, have pro-
hibited the sale Of liquor.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
AlRshl? TOURING LINE
TO START IN GERMANY

Stuttgart. May 6.-At a meeting to,
day of the Wurttemberg Aerial Navy
league. a representative of Count Yep,
pelin declared the company formed in
connection with the Zeppelin Airnhin
Construction company had undertaken
to establish a regular line of airships
from Lucerne or Friedrichshafen to
North Germany, via Frankfort-on-the-
Main. The actual route to be adopted
Will depend on the offers OF landing
places made by cities on the line. It 10
hoped to open h line for traflc next
H0ar.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
MCPHERSON REPLIES TO
CONGRESSMAN'S CHARGES
RAILROAD ATTORNEY
COMES TO DEFENSE

Kansas City. May 6.--Attorney
Frank Hagerman. of this city.
leading counsel for the railroads
in the Missouri rate litigation,
today sent a telegram to Attor-
ney General Wickersham at
Washington SAYING that Repre-
sentative Murphy's resolution lis
an outrageous tissue of misrep-
sentation.'
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
BILLINGS TO RACE FOR POOR.

Berlin. May 5.-Horse racing for
charity is IN innovation to be intro
duced in Germany by C. X. G. Billings.
the American millionaire stable owner.
who has sent a string of nine of his
fastest trotters. including Lou Dillon.
to participate in the opening meeting
OF Berlin's magnificent new race course
at Ruheleben lex month. Mr.. Billings,
who expects to be here in time to at
tend the opening meet, has
that any winnings he manages to rake
OFF will be given to local charities.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
INSANE MAN CLIMBS TO
TOP OF A CUP0LA

!. stockton. Cal. May Gone Of the In
mates Of h state asylum for the insane
made his escape to the room, Ave stories
above the ground, and after walking
around tbs ledge of the room. climbed up
IT, cupola and. on gaining a footing, dis
eooG6o6. He then started to deliver an nd.
II46Sii6atoa3iae spectators who had been at
srSntsd to h scene by the unusual spec
taclekss
8 ~
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
SHUBERTS TO BUILD
TWIN CITY THEATERS

Minneapolis, May 81. J.. shubert,
cal corporation. at the Ryan hotel in St.
Paul. announced that his organization
will at once acquire or build two new
theaters In the twin cities.
Mr.. Shubert. Jacob Frank, of Chi.
cage. attorney for the Shuberts, Mar
shall & Fox. the S!:ubert architects. are
in the twin cities today.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
HAND IS At
WORK NOW IN OHIO
Cigar Manufacturer Threatened
With Destruction Unless
He Gives Up $1,000.

Swisher. of this city. Il wealthy cigar
manufacturer. has been threatened
with death and the destruction of his
home by dynamite unless he complies
with the demands of Black Handlers and
deposits 81, 900 in a tie pile in the Bal.
timore & Ohio railroad yards here.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

Tarsus, Asiatic Turkey, Tuesday.
May a, via Constantinople. May g.
Authentic details of the atrocities com
mitted by the fanatical Mohammedans
In the villages and farms in this dis
trict are now coming into Tarsus with
sickening abundance. The worst par
ticulars of these narratives cannot be
mentioned. but they set forth without
doubt that at least 10000 persons lost
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
JUDGE PHILIPS DEMANDS
INVESTIGATION AT ONCE

Kansas City. May 81 will demand
an immediate Investigation said Judge
John F. Philips here today, when
shown the Washington dispatch in re-
gard to h Representative Murphy
resolution. 81 do not intend to allow
these charges to hang fire indefinitely
If l can help it,"
The Judge said he might make q
statement later.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
RECEIVER FOR EVELYN 1HAw

New York. May 6.-Judge McAyoy. OF
the city court, signed an order %apno,nt-
ing George B. Hayes. receiver In supple-
mentary proceedings for Evelyn Nesbit
Thaw in the proceedings brought by Elise
Hartwig, a milliner, to enforce a 1ude.
ment OF $253.25 obtained in the Ninth mn.
nicipal district court on September 2. loos
An execution against the defendant was
returned unsatisfied,
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
eRIpE-ro-eE KILLS HERSELF

Westville. ILL.,. Nav 5.-Mary Kl,l,
nus. engaged to be married to .Jnhn
Marks this week. declared to him last
night before he left her that she dread
ed h approach of her wedding dar
Her mangled body was found on TIA
railroad tracks today. where she had
thrown herself in front of a train
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

OTrAWA.-Canada has removed the last
vestige Of the embargo placed on United
States cattle on account of the outbreak
Of foot and mouth diseases. 1t now exists
only against live stock from Pennsylvania.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
Dies IN FATHERS DEFENSE.

New York, May 5.-As a result OF a
wound received yesterday In a struggle
with q policeman over his fathers ar
rest. Louis Prober. a 1o-year old boy,
died early today in h Brooklyn hospi-
tai. Policeman Dillon. who says the re-
volver was discharged accidentally in
the struggle, Is held at his station.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

st. Joseph. No.. May 5.-A special to
the News Press say the Merchants
hotel, at Stanberry, MO-. was DESTROYED
by IRE early today. Twenty guests es-
capped from the building in their night
clothing. No casualties.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

Berlin. May 4.-The balloon CONNECT
ton here resulted In failures. becan.a
of the heavy snow in the upper atmoso
phere. The balloons came down en-
crusted with snow to the depth OF one
foot. N"e
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

The circuit decided against the con-
s~titutionality of the provision. because
a. 1t was alleged, it deprived the cor
porations Of their property without due
process of law, which is prohibited by
h fifth amendment to the constitu-
ton.
1t was also held by the court that the
clause, not directly but Indirectly.
works a practical conflscation of the
property OF the railroads: hence the
nature and effect a discriminative pro-
hibition."
The verdict was reversed by today's
decision.
Summary Of Opinion.
The following is a summary Of the
opinion in the commodities cases:
First-The claim of h government
that the provision contained in the
Hepburn act approved June 20, 1905,
clause, prohibits a railroad company
from commodities in interstate COM
merce because the company has manu-
featured. mined or produced them. or
owned them in whole or in part. or has
had any interest direct or indirect in
ton or connection Of the carrier with
tho commodities at the time Of the
transportation is decided to be un-
tenable. It 10 also cont&nded that the
provision Of the commodities clause
relating to interest, direct or indirect,
does not embrace an interest which a
carrier MAJ have in a producing cor
poration as the result q the owner
ship by the carrier OF stock in such
corporation irrespective of the amount
Of stocks which the carrier may own
in such corporation provided the cor
poration has been organized in good
faith.
Notwithstanding the construction
placed by the government upon the
commodities clause. 1t Is decided that
the clause, when all its provisions are
harmoniously construed as solely for
it, object to prevent carriers engaged
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
Terrible Conditions Among the
Armenians Come to Light
CLAP Hands at
Butchery.


Adana, Thursday. May 6. via
Larnack Cyrus, May 6.-Adana
is still lawless. More people We're
killed in the city yesterday.
There are 10000 dead in Adana
province as a result of the mas
sacres, and $4,000 homeless and
penniless refugees are wander
ing into the vi1ayct.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

FOR any railroad company to
transport from any state to any
other state Or to any foreign
country any article or COM
modify, other than timber. manu-
featured. mined OF produced by it,
Or under it's authority or which 1t
may own in whole or in part, or
in which it may have any inter
est, direct or indirect, except such
articles or commodities as may
be necessary and intended for its
use in the conduct Of its business
as a common carrier"
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

Washington. May 5.-That the COM
modities clause of the Interstate COM
merce act of 1905, known as the Hep
burn railroad rate law. is constitution
al, was in effect declared today by the
supreme court of the United States.
Tbs decision was by Justice
White. The court reversed and re-
manded the decision Of the United
States circuit court, but the only direc-
lions were to enforce and apply the
statute SIS 1t is now construed.
Briefly summarized, the decision of
the supreme court in the commodities
clause cases holds the law to b. con-
stftutional, but 1t does not concede the
contentious of the government as to it's
scope. An especial exception was as to
the ownership of stock in a different
corporation which held did not consti-
tute such ownership as would prohibit
transportation under the terms of the
law. 1t was also held that ownership
OF h commodity applied only to the
time Of transportation. If before
transporting it the railroad has in good
faith parted with a commodity, it may
carry it.
Ono Favor to Roads.
The principal point of the decision
wal In relation to railroads holding the
stock of subordinate companies, and on
that important point the finding was
favorable to the roads.
Justice Harlan disseHted on the stock
feature, but otherwise the decision was
unanimous.
The announcement as to the COM
modities clause was made in deciding
the IL injunction and mandamus
cases brought by the government
against the Delaware & Hudson, the
Erie, the New Jersey Central, the Del
aware & Lackawanna. the Pennsyl-
vania n the Lehigh Valley railroads.
The cases came to the court from the
United States circuit court for the
eastern district of Pennsylvania. whose
decision as announced by Judge George
Gray In 1908 attracted much attention.
They originated in the circuit court. In
it's petition the government charged
that the railroad companies in question
were engaged in transporting in inter-
state m anthracite coal, mined
by themselves in their own mines,
which are located in Pennsylvania.
The Clause in Question.
The Hepburn act makes it unlawful
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06
SUPREME COURT
HOLDS HEPBURN Law
IS CONSTITUTIONAL
Effect of High Tribunals De
cision Is Felt at Once in
Wall Street.
e IN STOCKS.

*%*+%~%+++"
Evening journal., 1909-12-13
Mrs. Lambert At cedar HeIahts.

er will speak in Cedar Height Chapel
tonight.
Evening journal., 1909-12-13

most successful Of recent importatlons is
tho lshihawa aJpanese Troupe. These lit
tle men, there are four OF them. do most
difficult equilibrist and Risley work Tho
troupe uses an entirely different style OF
costume from the usual Japanese per-
former.
Warren and Goodman are black face
comedians who write their own songs and
parodies and who know how to sing them.
They have never yet failed to create a
riot of laughter.
"A Day on the Farm" gives Rice and
Walters an excellent opportunity FOR some
exceptionally interesting comedy work OF
tho bucoiic style and also opportunity to
play some excellent music on the most
unheard OF instruments.
Master Melville comes here with his
reputation as n great child artist. This
bright child is declared TO be mimic and
comedy character actor with ability
equal 10 that Of many grown up perform
ers who have spent years I'm the business
The usual offerings OF moving pictures
will complete tho bill and the subjects vii
be we'll selected and interesting.
Evening journal., 1909-12-13
GARRTCK HAS
A BURKE ACT

Those who recall Billy Burke's
laughable production OF 1.-THE Models
of Jardin de Paris at the Garrick
Theatre several weeks ago, will doubt
less be prepared TO extend cordial
welcome to another Burke act to-day
at the same house. 1.-THE Foolish
Factory" is a new sketch, but it proved
last week that it is laugh producer
of real merit This is its second week
out. Pat Reilly and Company in "The
Days Of 81" have a military shit that
fairly breathes the atmosphere Of war.
The Four English Rosebuds contribute
a high-class dancing act that needs no
recommendation here. and The Cartelle
Brothers have a skating number of
much merit. Ded Doom. the baseball
star, and James McCool, the sweet
singer Of Irish melodies. have what *
regarded as one of the promising
features i'm vaudeville. Doom has
many admirers among Wilmingtonians,
and they will doubtless be anxious "
see If he is as clever behind the foot
lights as he is behind the bat in bah
game Several other acts figure in
this weeks bill.