davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1909-12-05
OPINION IN COAL
CASE IS RECEIVED
United States Attorney H. E.
Booth Gets Copy of Judge
Sanborn'S Findings.
CONVICTIONS 0VERRULED
JUDGE OF COURT OF APPEALS
GIVES REASONS FOR DECISION.

A copy of the opinion of Judge San
born Of the United States circuit court of
appeals for the Eighth district, in which
the convictions by Judge John A. Mar
shall of the United States district court
for the district of Utah is OVerruled in
The Union Pacific Coal company cases,
has just reached Salt Lake. The copy OF
the ruling of the court of appeals was re-
CeiVed by II. e. Booth, United States dis
uIct attorney, whose fight In the sharp
coal conspiracy cases brought about the
conviction of the Union Pacific Coal COM
pany, the Union Pacific Railroad COM
pany, the Oregon Short Line Railroad
company, James NJ. Moore and Everett
Buckingham.
Owing 10 the fact that the case was re-
manded to the federal court in Utah for
a new triai, the opinion viii be Of great
interest to attorneys and others Interested
IN the suit, which has proved one OF the
most bitterly contested in years.
In the syllabus, Judge SanbOrn makes
some of the points as follows:
The test of unlawful combination un-
der the act of Jul 2, 1880 26 Stats. a3.
IS the necessary effect upon tree compe-
tition in commerce among the states or
with foreign nations
"A combination, the necessary effect Of
which is TO stifle, or directly ana sub
stantially to restrict, such competition, is
unlawful under that act.
Not Under Ban.
But IL the necessary act Of the COM
binatiOn is but incidentally and indirectly
to restrict competition, while its chief re-
suit is to foster the trade and increase the
business of those who make and operate
it, it does not fall under the ban of this
law"
"A coal company engaged in mining and
selling its coal is not prohibited by the
antitrust act or BY law from refusing
to sell it coal, from selecting its custom
ers, from fixing the price and terms on
which it will sell its product, or from sell
ing to different customers for different
prices and on different terms" says the
syllabus in another section.
Judge SanbOrn holds that there was
no substantial evidence of any cOmbina-
ton between any two of the defendants,
either to refuse to sell coal to Sharp, or
TO refuse to transport it 10 him.
The opinion Of Judge SanbOn deals at
length with the issues brought out in the
recitation of error by attorneys for the
convicted interests Tt holds that while
Moore may have refused to sell coal TO
Sharp. getting as western sales agent for
the coal company, that ii was not shown
in the evidence that he COnspired with Of
ficials Of the railroad companies TO re-
fuse TO haul or deliver coal TO Sharp.
That Moore had the right TO pick his own
customers is held to be permissible by the
court.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1909-12-05

it is claimed, no part of which has been
paid
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04

The mystery lifted its head again.
One does not hate a country without
q strong and vital reason. Was Clio
vanni partly right after all? Was
this kind of trap-a play to gain his
interest? Was her singing under his
window purely accidental?
will you not siLg?" he asked This
was an inspiration. Music might as.
sist in melting her new reserve.
You recollect. then, that l possess a
voice."
ut is all | have to recollect. Tell
me, whittier is all this to lead?"
ITO the door and into the fog again"
ION my word, I'm half inclined to,
believe you to be an anarchist or
red or something on that order
Put yourself AT ease | am neither
Leddy Lightfnger nor a Socialist
There are no dynamite bombs in this
house"
Her severity, her irony and her APP
parent lack of warmth were mere mat
tiers of calculation. Her plan was to
inspire him with trepidation, to keep
him always at arms length. for his
own safety as well as hers. She knew
something of men. She was secretly
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04
State Experimental Station,

The passage of law in the state of
North Dakota establishing good roads
experimental station is a movement in
the right direction. The experimental
roads are not TO be great in extent. one
running from the capitol building at
Bismarck to Fort Lincoln and the 9TH
er from the state penitentiary to the
Missouri river. but they are long
enough and in sufficiently close prox-
unity to the capitol to be object les
sons to the members of the next legis-
lature, North Dakota's entrance into
the list of state aid states may be con-
tidently looked for two years hence.
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04
CHAPTER VI.
BY
HAROLD
MAC GRATH
Copyright. 1908. by the Bobbs-
Merrill Co.
INTO THE FOG AGAIN.

HRESENTLY she spoke. still play
- ing softly.
My father was an American.
Il my mother Italian. But | have
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04
"The song you sang under my rctudolc

''1'he song you sang under my UtHdOC.
pleased with his strong face and shape
ly head. The chin was square. but
not heavy; the mouth humorous. kind
ly and firm; the nose bridged and the
brown eyes, sleepy. yet with latent
fires, were really handsome She was
not afraid TO be alone with him, nor
was it really necessary to wear a
mask. But the romance in her heart
that she believed to be dead was not
dead, only waiting TO be rekindled.
II will sing!"
THAT is more than dared to hope"
wv hat shall it be-" she asked.
THE song you sang under my win
dow"
But that is for the male voice.
You sang it very well nevertheless.
have a good memory too" He leaned
forward, his arms crossed on his knees.
Was there ever in all the world such
an Arabian night?
She sang, but without that buoyant
note of the first night. One after an
other he called out the popular airs of
the old light operas. She had them all
on her tongues end.
Where had he seen that copy of
Botticelli before? If only there was a
little more light!
Pardon me-" he said. You asked
She repeated her question. wondering
what had drawn his attention.
II like my grand opera after dinner
After dinner | shall want Verdi, Der.
lioz. Gounod."
But after dinner | may not care to
sing" She spoke in German.
He was not expecting this tongue
Besides. his German had never been a
finished product. For all that. he made
a passable reply.
You speak as many languages as a
Swiss hotel concierge"
II wish did. My mother had one
idea in regard to my YOUTH should
speak four languages and eventually
become a great diplomat My mother
had one of the loveliest voices. 1t was
a joy to hear her speak. now Italian,
now German. now French. We were
great comrades. It was rare fun to
go with her on an antique hunting ex-
petition, They never fooled her nor
got the better Of her in bargain"
She liked the way he spoke Of his
mother.
But you" he said-"you are not
Italian"
She smiled.
Her fingers stirred over the keys
again, and Grieg's "Papilon" fiuttered
softly from flower to flower.
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04
WHAT ONE CuMMUNlTY DID.
Result of Road Dragging by the Farm
ers at Cameron. Mo.

In view of the general awakening
for good roads / Will tell the farmers
who are interested Of the wonderful
Improvement that has been brought
about i'm dirt roads by persistent use
of the road drag. In 1872 the writer
conceived the idea thar the farmers in
the vicinity of Cameron. No, should
have the benefit of rural free delivery
The idea was ridiculcd. but persistel
won. The first carrier that left I.
Cameron postoffice was accompanied
by brass band over the entire route.
and every farmer that had prepared
his mail box for the free delivery was
''serenaded." This created an interest.
But our roads were in miserable
condition. full of mudholes and deep
rutS.
AT the suggestion of Postmaster Fill
son we held a good roads" picnic in
Cameron for the purpose Of emphasfz-
ing the necessity of good roads in or
der to secure the rural free delivery.
The meeting was addressed bv D.
Ward King. the "evangel of good
roads in Missouri" who explained the
value Of the King drag. and other
speakers. OF the thousands who at
tended the picnic many pledged them
selves to a constant use Of the drag
AS a result we have now in place OF
mudholas and ruts well rounded. level
solid roads in all this vicinity We
have eight rural carriers out of Cam
eron instead of the one we escorted
with a brass band. and since that
event land values have more than
doubled in this locality. Now even the
renters have caught the spirit Of the
good roads movement. and there is no
doubt that the voluntary dragging Of
the roads will be kept up.-James Will
liams in Kansas City Star
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04
ROCK ROADS AND FARMS.
Missouri Farmer Tells of the Advan-
taees Of Maoadam Highways.

Missouri Farmer Tells of the Advan-
tages of Macadam Highways.
Elijah Care, who owns farms in
Jackson and Clay counties, Mo-. is
very much in favor of rock roads.
He lives three miles west of Blue
Springs on a macadam highway and
says it is hard to estimate their value
to farmers.
IF l were going to buy another
farm in Clay county | would pay $40
an acre more for the same land on a
rock road than away from that kind
of a road" Mr.. Carel said. IF Clay
county farmers once lived on a rock
road and realized its worth to them
they would not hesitate to pay so an
acre for the Improvement. Over in
Jackson county we can haul big loads
to market at any time when the mar
kets are the highest and when we
could not get there at all on dirt roads
1t is a great satisfaction and a pleas
ure, too. to know that we can get over
the roads well at any time we may Dc
sire to go. When the Clay cour
farmers get rock roads their only re-
greet will be that they didn't get them
sooner"
Mr.. CaTel paid $50 an acre for his
farm of 100 acres in Jackson county
five years ago and has refused S125
an acre several times for it since He
believes it is easily worth $3.50 an
acre because of the rock road All of
which is some different from 500 in
Clay county-the same distance from
Kansas City.
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04
A Good Roads Movement.

We've had a good roads movement down
to Pohick. on the crick
We raised some ready cash fur what we
couldn't get on tick.
An, bein' a particular Job we thought it
would be wise
To get some men of probity to come an
supervise.
An as further guarantee gainst chances
of neglect
We took another set of men an told EN-
TO inspect.
An these arrangements didn't seem jes'
what they ought to be
TIL we'd secured some talent competent
to oversee.
There arose misunderstanding bout emol-
umentS and rank
But the payroll checks KEEP comm very
regular to the bank
Somehow the highways didn't seem to
lose their ruts an humps.
An every time we went to town we had
TO bump the bumps.
We found it hard to comprehend what
such delay could mean
In work SO well inspected, supervised an
overseen.
The only manual labor on this job I
seemed so slow -
Was done with great reluctance by a
small boy with a hoe
The situation naturally shocked our civic
pride.
We called some meetin's an the proper
people testified
We got the oyerseers to tell exactly what
they knew
An heard from the inspectors an the SUI
pervisor" too
Then we drew up resolutions an deliv-
cred an address
To vindicate our efforts to uplift an 10
progress.
We have solved the difficulty. an our
hears are full of JOY
Al seem discipline maintained We fred
that no count boy
Washington Star.
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04

ali his skill he could not break through
her guard.
And that interesting dissertation on
the American gentleman" she said
Jelly.
That's the trouble with posing as a
moralist. one must live up to the
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04

across the street. A man stood in one
of the areaways.
Nobody homer he shouted. "Gone
to Egypt
But there was some one here last
night" Hillard shouted back.
Dreaming. That house has been
empty since November. | happen to
be the caretaker."
Hillard went back to his cab dazed
No one there last night? Come. come;
there was a mistake somewhere. He
would soon find out whether or not he
had dined there the night before.
"A cable officer he cried to the
cabby. Hurry
Once there he telephoned downtown
and secured Sandford's cable address.
Then he filed out a blank. which cost
him so. Late that night at the club
he received his reply. 1t was terse--
You are crazy House absolutely empty,
SANFORD.
TO BE CONTINUED.
The Republican. [volume] (Oakland, Md.) 1877-current, 1909-11-04
Read BuiIdino In Missouri

Missouri now has 800 miles of mac
adam roads. Is per cent of which was
added during the past year The mile
age Of gravel road was increased dur
ing the same season by 300 miles, max.
ing a total of 1900 miles.
The Detroit times., 1909-02-06
EXCESSIVE DOSE
OF MORPHINE KILLS

An overdose OF morphine. taken 70
relieve an attack OF neuralgia. Caused
the death OF Mrs. Aurelia Sancarties,
aged 80. In her home at 7Q1-2 Cam
pau-st.. Friday morning. Mrs. Sancar
tier had been suffering considerably
from neuralgia OF late. Thursday
night the pain became SO great that
she turned 10 the morphine az the
speediest means OF deadening the pain.
Mr.. Sancartier uses the drug freely
and there was good supply on hand.
Being ignorant OF its use. Mrs. San
cartier swallowed too much OF the
drug and soon sank into q deep sleep
from which she never awoke- Mr.
Sancartier himself slept late Friday
morning. When he awoke he tried m
vain TO arouse his wife and then sum
moned two physicians from the neigh
borhood. There were still faint signs
of life. but presently the last spark
went out.
Coroner Burgess Is satisfied that the
overdose was taken accidentally and
will hold no inquest.
The Detroit times., 1909-02-06
How to Get Rid
of CataYrh
A Simple, Safe, Reliable Way, and It
Costs Nothing to Try.

Those who suffer- from catarrh
know Its miseries. There is no need
of this suffering. You can get rid of
Il by a simple, safe, inexpensive, home
treatment discovered by DR.. Blosser.
who, for over thirtyfour years. has
been treating catarrh successfully.
His treatment is unlike any other.
II is not spray. douche. salve. cream.
or inhaler. but IL a more direct and
thorough treatment than any OF them.
II cleans out the head, nose, throat.
and lungs so that you can again
breathe freely and sleep without that
stopped-up feeling that all catarrh
sufferers have. 1t heals the diseased
membranes and makes a radical cure.
30 that you will not be constantly
blowing your nose and splitting, ana
at the same time II does not poison
the system and ruin the stomach, as
internal medicines do.
II you want TO test this treatment
without cost, send your address to Or.
J. w. Blosser, 704 Walton Street,
Atlanta. Ga, and he will send you by
return mail enough OF the medicine
10 satisfy you that II is all he claims
for II az remedy for catarrh, ca.
tarrhal headaches, catarrhal deafness.
asthma, bronchitis, colds and all ca.
tarrhal complications He Will also
send you free an illustrated booklet.
Write him Immediately.
The Detroit times., 1909-02-06

all kinds OF catch penny devices and
schemes 10 make money and viii rely
entirely upon the merits OF the per
formances given 20 induce the public
TO witness this circus.
Many OF the features will appear
here for the first time In America in
addition TO our own headliners, among
which are Acknowledgements troupe.
assisted by the prize winning dog
"Shep - a series OF dazzling exhibit
tions ~ Workmanship. bareback. car
~ ing aud jockey acts. the Alpine
troupe Of English acrobats In their
novelty high air performances. Chas
Carlos and his peerless performing
dogs and ponies. late from the London
hlppodromc. Col. and Miss Harris in
thelf famous high school mcuage ac!
introducing their Arabian horse. "Chie
Geronimo" and "Sunnowcr" In their
marvellous Performance ON the auto
matte pedestal. an act never before
ACCOMPLISHED the Millettes. introduce
Ing Eddie Millcttc the upside down
wonder and star or the Ringing Bros
show. the Raschctta trio. the world :
greatest somersaultists head balances
and barrel jumpers. the two Franks
sawyer and Delinas. aerialists SUI
premc, innumerable clowns and 10y
makers. including Billy Rice. James
Spriggs. ~ stance, Harry clark Al
bert Powell Tony Refuto and many
other acts ana novelties.
Jon Printing done right Time. pint.
ting Co.. . John R,-st. Phone 1923
The Detroit times., 1909-02-06
Stomach Gases
and Torpid Liv0rs
Give Way Before the Peculiar
Purifying Power Of stuart's
Charcoal loxenoes. II
A Trial Package Sent Free.

The foul gases OF the stomach ana
the torpid action OF the liver are easy
victims for charcoal to overcome.
This great natural cleaner and ab.
sorbent will most certainly be relisheo
by system afflicted with gaseous or
sluggish tendencies.
Charcoal has long been known as .
great absorbent OF gas. A painful Of
charcoal will positively purify room
filed with foul odors and decay. Its
absorbing ratio is one hundred times
greater than its own volume.
The ancients gave charcoal for many
human ills successfully. The North
American Indians used II for snake
bite. poison from eating wild herbs
and cured what they called stomach
bad medicine" with II.
Willow charcoal seems to be tho
best product for human use. and NO
doubt the peculiar curative property OF
the willow Is represented in a chemi-
cal quality in its charcoal.
Stuart's Charcoal Lozenges are
pure willow and sweet honey blended
by tremendous power and compression
into very palatable lozenge. Two or
three lozenges eaten after meals Will
prevent the process OF digestion from
producing noxious gases. They will
vivify lazy liver and aid every orgaE
which is most likely TO be oyerconns
through It's contact with impurities.
They cleanse the stomach and inte5-
tines, bring purity and sweetness out
OF fermentation and decay and aid di-
gestion by allaying gas. They will
aid you and your stomach. The bene
/ fetal effects are made evident after
each meal when you use charcoal as
Stuart prepares IL. To allay gas at
! night they are excellent and one arises
| in the morning without that terrible
nauseating bad breath which destroys
appetite and renders one miserable.
! All druggists sell Stuart's Charcoal
| I.ozenges, price twenty-five cents, or
send us your name and address and
we will send you trial package by
mail free. Address F. A. Stuart Co.,
200 Stuart Bldg. Marshall, Mich
The Detroit times., 1909-02-06
BEST SOLDIERS COME
FROM FARM. HE SAYS

WASHINGTON, Feb. 5.-"That the
army is In need of men is not doubted
by those at the head OF the various
departments and the one question Is
why do not more men give their ser.
vices 70 the aid OF their country" said
an officer at the war department TO.
day.
THAT the number OF men who enlist
Is growing less every year is true
Whether this Is due to commercial life
attracting them, or to the fact tina;
there are not enough men in the coun.
try to meet the demand. is a question.
The best soldiers come from the farm
and II Is that class who usually enter
the service In hope Of promotion"
The Detroit times., 1909-02-06
SCHULTZ HELD ON
CHARGE OF TAKING
COUNTY FUNDS
oReEs ROBERTSON, CALLED AS
WITNESS ON INslsTENcE OF
DEFENSE. ADMITS /. o. U. sYs-
TEN OBTAINED IN OFFICE.

Anthony J. Schultz. ex-cashier in the
UNITY treasurer's office under Forbes
Dbertson, was held 10 the recorders
CURT for trial by Justice Jeffries. FRI
sy morning, on the charge OF mis-
Ypropriating 1861, belonging 10 the
punty. Ball was reduced from 1000
nth two sureties 10 $4,000 with one
urety. which Schultz expects To fur
lish. lie had no bondsman ready and
vas remanded to the sheriff's custody
lntil the bond Is forthcoming.
Former Treasurer Robertson, now
county auditor. was the only witness
examined Friday. the defense having
insisted on his being called. IL Is
Schulte's contention that his acts were
merely In line with the loose methods
that prevailed in the office. and IL was
on this particular point that Robert
sons testimony was most desired At
torney Grose asked q number of EN-.
barrassing questions. and Mr. Robert
son was visibly annoyed at times. Also
he displayed a very bad memory and
the examination, accordingly. was
none too fruitful of results.
Mr.. Robertson. however, admitted
that Schultz had cashed two checks
for him, one for 1859 last August.
which was his own personal affair, and
one for $l95 sometime later. The lat
ter, he said, he had cashed as favor
to "A friend named Beattie.
Mr.. Grose tried to show that Rob
ertson. on the last day. he was in the
county treasurers Office, had paid in d
large sum out OF his own pocket. some
sl,l00. To take up his personal !. ..
US that had been carried in the cash,
out in this he was unsuccessful. Mr.
Robertson denied emphatically that
such was the case He admitted
though. that the |. O. L. system had
been In vogue In the Office with his
lnowledge
Robertson explained that he consid
cred the |. q. us as cash.
Attorney Crosse decided not to put
In any defense at this time. In sub
hitting his case to the court, he con-
tended that the prosecution had fail
I'd 10 prove that the money received
by Schultz from the taxpayers who
left their receipts and checks with
him had not gone into the county
treasury. and that no formal demand
had been made on Schultz To make
good the amount The argument fail
ed TO carry weight with the court.
I'm my opinion said Justice JEFF
ries. the moment public official
takes money not belonging to him he
becomes liable under the law"
He added, significantly:
I'm not saying that Schultz is the
only one liable over there in the coun-
~ building, but that question is uot
in issue here. Schultz is the only de-
PENDANT now before the court" ~
The Detroit times., 1909-02-06
IN LOCAL pArH0U5[5.


VIII be- found In any village. but Mr..
Morris has evolved story that Is IN
tensely humane. Economically interest
lnS and allied with splendid humUr and
thrills lacking the usual Clap-trap. The
story concerns the regeneration OF a
drunkard through the power az love.
The leading role. Ruth Blake, simple
.country girl whose charity to all has
made her a lONabls hgNTc in the VII
lag, Is Interpreted by clever Miss Bay
onne Whipplv. she meets Tom Single
.on worthless drunkard. but seem
lnsly man " no has seen better days.
Her words OF ENCOURAGEMENT lodge IN
his heart ard he resolves TO live a
better life. How he succeeds is told in
the story.
Matinees will be given daily except
on WednC sday
The Detroit times., 1909-02-06
AT LIGHr GIARD ARMORy.

The Detroit Light Guard. every ar
ternoon and evening during the week
or February "a viii present In the
armory White Il Edson's All-Profss-
sional circus. FOR the purpose OF re-
duCing the debt on the armory. This
circus differs in many respects from
any other that has ever appeared here,
as IL employs no amateur talent. but
all strictly nigh-class stars from the
leading travelling circuses OF the world.
The Light Guard viii dispense with