davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-09-25

ton 70 violate law, just as If one Individual uses
another individual TO violate law, such offender
ought not. though masked, to go unpublished.
The Superior Court while agreeing with Judge
lands, and while formulating the doctrine Of
the law which moved him ia The very language
here given, feared that a fundamental principle
Of our law would be violated if any individual
corporation not directly before the court
should be- visited with fine in Il collateral pro
ceo4iing.
This was a criminal case and before any one,
Individual or corporation, could he visited with
punishment he must first he daily indicted, duly
tried, and duly convicted.
Because the Standard Oil Company Of New
Jersey was thought not to be sufficiently before
the court the Circuit Court OF Appeals, being
thus forced TO consider only the Standard Oil
Company az Indiana, corporation of one mill
ion dollars capital, thought the fine eXCeSSiyc
since ii would wipe out the whole property Of
the defendant. But IL IS not TO be presumed
that if the Standard Oil Company Of New Jer-
sey a corporation Of $l0OOO0OOO had been
vicied Of an equal number of offences, the Cir
cult Court of Appeals would have held this line
in such a case excessive.
The case was sent back for retrial upon this
construction of the ElllnS law. The facts as
produced 10y the government being applied to
the case, upon this Interpretation OF the statute
the suit was dismissed by Judge Anderson.
There has been no miscarriage of justice in
this case; 40 outrage perpetrated: no technical
advantage taken by sinister influences. There
has been merely the unfortunate result follow
lag the labOriOus effort of conscientious judges
to discover what the law makers meant by the
provisions of a statute which were so loose.
Ambiguous and indciihite that courts endeaVor
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-09-25
Thy the $29,OOO.OOO Verdict Against Standard
Oil Was Reversed.

pany established one drfnitc. certain rate. and
made publication OF IT, and "a Ming of IL with
the InterSt1t" Commerce Commission as re
quired by law This was a dill .ult question
There seemed 60 be a confusion of tarim SEIZED.
uleS issued 10y the railroad company, no one Of
them quite definite or certain. The matter re
quired searching through lists Of schedules
and an examination of various tariffs 1t be
came an intricate and difficult question % de
lrrmne whether or mol there was a definite rat"
established liy proper tariff schedule. prjufDd.
published and Hicd a required hy the statute.
Judge Lands came To tine conclusion that there
VAS such rate, and 80 proceeded in tie triaI 81
the cause. Eui il VAS one OF those question
SO involved that other judges examining the
same facts might very well come 10 different
conclusion.
The defendant having been found guilty by
the jury upon l,4G2 counts, the presiding Judge
was again confronted with q difficult question
The law gave him the wide discretion OF i'm
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-09-25
mo MISCARRIAGE. OF JUSTICE"

the most careful examination Of the act It
finally came to the opinion the SSt Of the Of
fence Is the acceptance Of the concession. ire
Spe"t!vH OF whether the property Involved was
carloads, traInoddS or pounds and that OF.
feIc" was complete when the concession W.ts ac-
copied acted upon. aud payment made
rms court WAS also greatly perpeNed with the
question Of the rat" which had been before
Judge Lands After very careful and driib-
crate examination of al these tariff schedules
the United States Circuit Court az Appca.s
finally said
Indeed, taking his along With some Of the
other questions that have been brought tu our
attention in connection with these schedules,
We ar" NOT prepared TO say that tariff sheet No.
- really uNeS the rate ON petroleum and It's
products al Is cents. Itr most o., oiu slU is
Hnf no question :, ors np.,. 5,hah iaIG,s.
oft.r f'a. discus SION nigh! r,rg ,.l,uno5la dis
dGr,s'
The United States Cr-ui. Court or Appeals.
Vlu., a-rcriu. with judge Lands iha, railroad
Inequality meant possible ruin. JuJ that those
Violating Tie Elk.u~ laws ought ta hc vigorously
punished, felt that the Standard oil Company
OF New Jersey was rot shown 10 bc sufficiently
identified with the defendants to be reached in
this proceeding
Judge Lands had proceeded upon the theory
that il one corporation uses another CORPORA
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-09-25

II is an error Of equally vicious result % as
sum" that Judge Anderson ia a rctrial of the
case was moved 10y any consideration of the
Standard oil Company or less desire L. cor
rect the evils OF rebates or CONCESSIONS judge
Anderson had no authority over the ease what
ever. except merely TO apply what the Circuit
Court OF Appeals had decided. lie said In hi,
direction 10 the jury:
1t is hardly worth while for me "a suggest
to You that YOU and have Ho arbitrary power
ia this case; and ] have not any more arli-
trary power thIn YOU. Ii Is frequently tn.
habit of people To- speak Of the power Of the
federal judges and in n sense that is true; hut
federal judge has no arbitrary power | am
bound 10y the law, just rs yea ar, bound 10y the
law. have no more right Ia strain or vary or
change the settled rules of law than you have
You have not any more right to do that than
have
Now. the settled law in this case has heen
pronounced by the Court OF Appeals, by whose
decision am bound and you are bound; and
they have settled the law, as l said, for this
case. They have not said what the law is i'm a
certain ease. and then left il to us 10 apply il to
this ease. They have said what the law is ia
this case: and under my oath as a judge l am
bound 10y that, AMI under your OathS as jurors
you are bound 10y that"
He merely pointed out that as this was n
criminal case, the rules obtaining in all crimI-
nal cases ought To- he applied that is that the
defendant must be- proven guilty beyond a rea-
sonabe doubt. lie referred To- the opinion OF
lHc Htull tuNft Ol AppcdlS-llpOn the UIIeS-
ton whether or not the railroad company had
fixed, filed and published etc, this rate in such
manner that il could he said that there was q
definite. established rate of eighteen cents from
which the concession was given. ON this point
the Court of Appeals had said the question ~
one upon 1Chich Judges. after full discussion.
Conid TCTV reasonably disagree.
AS the same evidence which had been before
the superior court was offered upOn the retriaI
before Judge Anderson. he very properly said:
therefore, gentlemen of the jury. IL II is
matter about which reasonable men NAV differ
or trained judges may disagree, the Court OF
Appeals say, after reviewing these papers, after
looking them over and after consulting to-
gether, that they cannot tell what the rate is.
that reasonable men might differ on that qucs-
ton, then, OF course the evidence is not Suhi-
client to warrant you in finding that these
papers establish that rate beyond reasonable
doubt"
Ii there Is any criticism TO be placed any
where by reason of this now famous lItiga ton,
1t is to be placed on those persons who by
Ignorance, inadvertence. CaTecsSneSS or desigr
formulated the ambiguous terms of the I,lkls
law.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-09-25

ing T" find out what the Intentions Of the law
makers were might very reasonably come to
dIucrcut conclusions
II !, then, not the courts that ought 10 be
visited with this deIugc Of criticism; il is the
legislators WHO PUT upon the courts the ncces-
SHY OF solving THESE judicial riddles The courts
arr assaulted because of The number Of aupeals
anal tn" number Of rover>itS on what are called
te"uu'niti"S. While the fact remains that the
most fruitful source of these difficulties i the
o'>t' On" Ambiguous, and the conflicting statute
Tor 81 hl..i The courts are in no sense rt,pun> IDLE
IHr courts must lake the law as 10 /, given to
u"il. and try =" administer it, OFTEN the ir-
ttIl&"ui administration Of an Indefinite law
bee. mes thc most difficult thing i'm rho yv,rId
sometimes b" man can tell exactly what an
H't al q Legislature means There j. often
d'>i-hrdIy. room ia it for v1rou, meanings
ann upon tie cons iru"ti"u oi 10 ou. man may
honestly com" Z" one opinion aud another 60
another opinion, while both arr making CON
>'.'iii'N~ effort Go arrive az the true meaning.
'tf"n with statutes thaC are ruximately
clear the courts must do one of two things.
lucy must either interpret the act to mean
ffortH what 10 says. word for word ami rigidi,,
enforce ir, or The, must take The intent Of il
and enforce il praf.HtIy with respect 20 that in
tent
Now This necessity for The Interpretation Of
tile Law has subjected the courts 100 more critt-
Cisu than any other function which they have
been compelled 10 exercise. We are told that
On" laws are construed away. that they are
turned about 10 mean something which they
were not Intended G" mean. that the courts
have n" right t0 speculate A. To- what The legio-
.at"r Intended aud that 10y So doing they make
themselves the supreme authority in this re-
public That, 10y saying the law means this or
that. and Icy administering IL ia such "a way as
to NJ one case and u"t 70 nj another the courts
become arbitrary tyrutS imposing not The will
of the people but their own viii.
The courts are therefore advised with vitriclj,
comment (" administer the Law according To
the very terms Of il. making No exceptions 10
any c;t~c. and enforcing IL word for word
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-09-25

Returning 70 lie United States IS. the stand
ard eli Company of Indiana. I his case in
VOWED Nv" principal features: namely. the con-
Ntructon of loose. obscure indefinite law and
The determination uf certain facts with respect
10 what constituted the established rate Within
he meaning 81 Ola" act questions about irhfch
not oHIH ordinary. rtdS0Hdb!" mon 6Ut CrsH
hHmcd tRd9"' HiGhi r'rp ir'N differ.
There was n" difference" at opinion between
I'D" courts. IN this Ca>r, ~ to the wisdom AMI
prnpr"ty of vigorously Furnishing; those who
accepted concession, and rebates The superior
court was no less cuXioUS than the lower court
10 enforce the law and visit punishment upon
those who violated H. That the lower court
leaned toward the government and the Supcri1c
court toward the Standard Ou Company l. i
vicious error.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
The Admission Goblet.

The Arniston branch Of the Dundas
family OF England possesses a curious
Venetian goblet, and, like the famous
"luCk" of l.den Han, they believe that
their prosperity depends upon us pres
ervation. It was given by his mother
to Sir James Dundns in the reign o.
Queen Mary, with an injunction 10
preserve it carefully or misiorsunes
would attend the family. 1t once hso
a miraculous escape from destruction
for a very eccentric peeress, VINO lor
some unknown reason owed the fanny
grudge, concealing her sinister IN
brntions. asked to be allowed to see
It, and when it was handed to her she
deliberately threw it on the ground
Every one present held his breath eA
nectfng to see it shiyered into rag
mcnts. but strange to say it dld not
break. and it is still preserved intact
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
FRlDAY-LUCkN OR uNIuCki2

On Friday, August 81, 1892, Christie
pher Columbus sailed on his great voy.
age of discovery On Friday, October
~. 1892, be first discovered land. On
Friday, January 4, 1913, he sailed on his
return TO Spain, which, If he had not
reached in safety the happy result
would never have been known which
led to the settlement Of this vast con
tineut. On Friday. March -, 1893, he
arrived ut Palos in safety ON Friday,
November %, 1883, he arrived at His
PAMELA. on his second voyage to Amer
ca. On Friday, June Is, 1854, he, though
unknown 10 himself, discovered the
continent Of America II was ou Friday
that Henry VIII of England gave t.
John Cabot his commission, which led
to the discovery of North America. Thj-
is the first American State paper IN E"g.
mud On Friday, September I, l5G5
Melendrz founded St Augustine, the
oldest town in the United States 10y
more thnn forty years on Friday
November no. 1920, the Maylower, with
the Pilgrims made the harbor of PrOvi
uretown. aud on the same day they
signed thar august compact, the fore.
runner of orr present glorious Cou-tItu
ton. ON FRIDAY, December @2 1920
the Pilgrims made their final landing ri
! Plymouth Rock On Friday february
~. George Washington, the father oi
| American freedom, was born Tn Fri
IdAy. Jane lG, Banker illlI was sei2eC
land fortified On Friday, October
|J111 the surrender Of Saratoga Wa
made. which had such power and in
i nnence in inducing France TO declare 70
our cause. On Friday October 10 1851
the surrender Of Yorktown, the crown
ing glory of the American arms, occur
red On Friday, July :, ltiG the mo
ton in Congress was made 10y JuhI
4 Adams. seconded 10y ltichard Henry Lee
that the United States colonies were
ana Of right ont TO be free and IL
dependent Baltimore Sun.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
"And tie man-what happened


"And Tie man-what happened to
the man."
She gave a little choFing sob. "Oh,
he loved me-he loved me; but he was
too generous ever 10 press his claim
upon ne, even though he knew | cared
for him-cared for him deeply, he
wanted me TO ENJOY my Wohuerlul sue
cess, mhampered by the cares OF 40
nestle life. Wait; choose your own
time to marry me. dear, that was
what he always SAID. ! uloh 'eai,Ie
that was letting man o'e"N MS
heart Tor me. II was ohlE "heh my
dear got Ill that reaIlzea lhe IFu'"'
Tor he called our III ms aeIII'uil'
called OUT TO the woman ne Hau 'o'eo
so patiently ana SO WelI-lo come 10
NM never recognizing 'u"1 sue was
tnere-ON MS OeuSiue' A''o ~, on 'no
niSn. ne oIg"' nv S',N' oe'l7 SUI, w., ,t,'
ueIlllo"S' ,','I ! ""t' ii0r', io''U " ,5
n ' r =, ,G's s,, "'' oaa on,IitianLta ban
l'i,+,.',, w. 80 '''''
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
IN THE JOYOUS HOLIDAY TIME.
Man Evidently Was Satia.ed with the
Delights of Vacation.

It is related in MIR. Stewart Edward
Whites book The Mountains" that
once upon time a man happened to
be staying in a hotel room which had
originally been part of suite, but
which was then cut off from the 9th
ers by only thin door, through
which sounds carried clearly.
# was about eleven o'clock when the
occupants of that next roxn came
home The man heard the door open
and close Then the bed shrieked
aloud as somebody fell heavily upon it
There byeathed across the silence a
profoundly deep sigh.
Mary" said the mans voice, I'm
might sorry didn't join that Associa.
ton for Artificial Vacations. They un.
deItake to get YOU just as tired and
just as mad in two days as you could
by Yourself in two weeks. ~ ouths
Companion
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
q Public Park That Pays.

1t is a bit astonishing to learn from
an official source that the most ia.
nous, extensive and beautiful munich
pal park in the world yields larger
revenue in money to the city in which
il is located than the cost of main
tanning it. 1t cost the city of Paris
$142, OO0 to care for the Bots de Bou-
logne last year, and the revenue from
the rental of the numerous pavilions
in the park, where all Paris takes tea
and dimes in summer, was S134OOO.
The cXpediency of thus making a
great public park yield a large reye-
nue. from private concessions may be
open to question, but so long as they
add to the attractions of the park they
are quite permissible from the public
viewpoint The particularly notable
thing about this showing is that the
total expense of maintaining this beau
tiful park, which contains $3.50 acres
is only $142,0 600.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
SCUlPTORS' WORK IN MARBLE
Actual Cutting Seldom Done by Artist
Who Has Charge.

The artist makes a model first, not
always life size, but almost none Of
them actually do the cutting in the
marble This work is entrusted to
highly skilled artisans, who do the
work Lnder direction, the sculptors
euperin, ending all the finishing touch
rs and IN occasion, some of the cut
ting on the face and hands. The actual
cutting OF the stone is most difficult
process aad requires great expert
Skill In case a full-siZed model IS
made the sculptor sends it TO a pro
fessional marble cutter, who roughly
shapes the block. The general shape
is often given to the block before it
leaves the marble yard, in order that
certain costs of freight may be saved
The rough carving is then done by
the marble cutter, who 50 shapes the
block as TO give IL the general out
line. He first drills a series OF holes
IN the block and then chops off the
pteces.-lllustrated Sunday Magazine.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
THURSDAY FEBRUARY Is, 1909,

Every argument that departs irou
consistency, coherency and tar play ana
simply descend. into torrent OF reck'
loss abuse loses it, force. Arguments
that did not argue, words that merely
vented either spite or demagogism were
hoard all over the land from a certain
sect Of politicians during the period OF
1907, with the railroads az theH
chief if not their sole, target a mum
her Of the orators Of the time mentioned
while vet mindful that the railroads ma"
their faults. have seen the error 81 theit
way and. from apouters Of invective
have tanned into more conservative
forces
While everyone except few railroad
officers have been in times past guilty
of divers sins and wickedness, 1t seems
that the anti railroad TRADES are played
ont and a new era Of fair play coupled
with the enforcement Of law l. at hahd'
Texas, for the past few years the
most persistent anti corporation state
has seen the pendulum swing IN the
other direction The state isn't moving
a. il should it, large area IL NOT
travpr-ed toy ~ many lines Of railroad
asit should be. Capital is not pushing
its commerce along rs the people would
like 1t to do. 81 now Texas IL trying 10
forget some of it, former radicalism II
is talking Of repeating some Of its anti.
capitahstic laws Fewer and better
laws is thu cry. Capital may be fair
~ treated without being permitted Z
dominate. 1t ought to be fairly treated
moreover and it should not be allowed
10 dominata. Fair treatment for cap
tai good investment for state !
coupled with enforcement Of Just laws
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
Soldier BalkS Death Plot.

1t seemed to j. a. Stone, It civil war
veteran, of Kemp, Tex, that plot eX-
i,ted between u desperate lung trouble
and the grave to cause his death. 81
contracted a stubborn cold he writes,
that developed a cough that stuck to
me. IN spite Of all remedies, for years.
My weight run down to 1870 pounds.
Then / began to use DR. Kings New
Discovery, which restored my health
completely, now weigh rs pounds.
For severe Colds, obstinate Coughs
Hpmorrhagrs Asthma, and to prevent
Pneumonia it, uurivaIed, soc. ana 81 60
Trail bottle free. Guaranteed by Hen
ry lIiurichs.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18

What doe- the Stephenson expense
account signify? Il lays A. plainly ~
words can that in order 70 max" a
state wide campaign, such as the Wis
consiu primary demands, the candidates
for the senate must spend money like
water. II means that under this boast
ed reform system, the poor man Il ont
Of the running for senator Unless be
has exceptional gift- Of Leadership or
rides or a wave Of enthusiasm, the poor
man il not ia it, Waves are only occa.
sional. The Wisconsin law means then
that about nine times out Of ten the
IN 80 with the longest purse Will be SER
ator from Wisconsin. Surely, this i
NOT what reform promised. Minneapolis
Journal
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
The tiiaher the Better.

Mrs. Jean CuneO. the superb racing
automobilist of New York, said the
other day of a cheap car:
TT may be all right, but-you know
how we all feel about cheapness, Ell"
My doctor recently told me how he
once sought out a dealer ard said;
a. want to buy pair of good car
riagc horses good pair, You know
price not stiff
".Wen. of course sir. said the deal
err. to find horses nothing easier The
woods is full Of horses But as far as
price goes-well You can have EN- al
all prices, sir, just like doctors.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
WANTED TO REWARD SONGSTER.
Portly Gentleman in Right Mood to
Show Apprecia ton.

The orchestra of a popular New
York refectory has made a great hit
by its rendition of selections from
various operas in connection with a
very fine graphophone. Cylinders at
five dollars apiece Send forth the
mellifuous voices of famous operate
stars, while the orchestra plays an ac-
compartment with a precision that
furnishes very good illusion.
Caruso began to carol forth from
the metallic horn the other evening,
and so perfectly did his yoise come
forth that the roomful of diners and
wners became hushed and still. At
the close of a particularly magnificent
burst the audience broke into APP
plause. A portiy gentleman. some
what flushed from liberal potations,
gravely rose from his seat in a corner
and motioned to the head waiter.
shay" he said, that singing guy
is all right. Tell him to come over
here an III give i'm a drink"
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18
FOR HIS MISTAKE.
Rival Societies Had PlunkVilie
Philosopher Whipsa we'd.

Some people live to learn" re-
marked the PlunbVillc philosopher,
and somc people know it all from the
start Some people have poor friends
and are kept busy dodgin EN-, and
some have successful. associates ana
have to put in a lot of time cXplainin'
that the aforesaid successes are nutIl-
in but a string of hukos. Some peo-
pie have greatness thrust upon en-,
and some halter withdraw in favor OF
another after goin' through As heart
breakiu ballots, Some people buy
coal by the ton in August and some
people buy il by the peck in D"cem-
Der, giyin out that they do IT so as
not TO start bull market. Some PEG
pie part with works of genius for q
song. and others retail gold bricks at
grand opery prices Some get thrown
out Of work and others don't wait to
be thrown out. but slide out handily
Some practice what they preach and
some get It of extemporaneously
some sets back mudestly and some IS
such hosts in themselves that they'll
10 an the honors al the party you're
payin fer"
What's The matter. Peleg?' In
CURED the town constable. You ain
feelin' Well lie YEP
"Oh. yes Fact is. was toolisl
enough not to take sides when the TIP
lirt society split, and nov I've cote
listen to the grievance OF both fac
/ tions. Puck.
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18

Nevada percbrd upon the mountains
and At a considerable distance from the
Pacific coa-t. j. ~ valiant A. the goat
which standing upon a roof applies in
su,ting epithet- to the wolf on the ground
below. Nevada witha population about
twice ~ large as ManltowOc If ready for
war with Japan Isn't it awful Mabel,
The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-02-18

IN PROBATE Mautowoc County Court.
In the Matter Of the Estate of jeremiah
roomcy Deceased
Notice To Creditors:
Letters documentary on said estate hay
ing been issued to John Toomcy on the
18th day of January 4. -. 1909, and six months
from and after -,id day beng allowed and linn
tied for creditors to present their claims of
which notice is hereby given and further that
the undersigned Will on the first Tuesdays of
March Apri. and May 1909, and on the last
day of the time SO limited. at the Probate Ottice
IN the City OF ManitOwoc. in said County. "X-
anime and adjust all such claims and demands
so presented aud flied.
Dated January rs, 1863
JOHN CHLOUPEK, County Judge
Nash Nash Attorneys.
Pub. Ian. ~. Feb. 1, II, Is.