davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27
SUPREME
u COURT
OPINIONS

The supreme court handed dowr
nine decisions this morning on mo.
tions for rehearing and general ap-
eals.
State of Oregon, respondent, VS.
Jos. Anderson, appellant, appealed
from the circuit court of Multnomah
lcounty, Earl G. Bronaugh, Judge. af-
firmed by Justice King.
This is a we'll known case where
Anderson was tried and convicted OF
shooting Harry NJ. Logan i'm Portland
while Logan was crossing the Fourth
street railroad bridge at midnight.
Evidence tended TO show i'm the lower
court that Anderson attempted to
/ hold up Logan and upon Logan's re-
sistance shot him Anderson was
| sentenced to hang at the penitentiary
here and an appeal was taken TO the
supreme court by his attorneys on
the grounds that a motion was de-
MED them striking out testimony Civ
EN- during the trial by a man named
Helts. former cellmate of Ander-
son. In testifying. Helts related a
portion of his conversation with An
derson in which he said Anderson
told him he (Anderson) had to kill
Logan or get caught by the police
Tne supreme court holds, however
there was no error made by the lower
court and so affirms its opinion. Sem
tence will again be pronounced on
Anderson upon the arrival of the
mandate in Portland.
w. G.. Bohn. doing business under
the name of Mt. Scott Lumber Com
pany respondents, VS.. w. Il. Wilson
and +. 5. Lee. appellants, appealed
from the circuit court OF Multnomah
county, G. u. Gantenbien, Judge. af-
firmed by Justice Bean.
The Giant Powder Company, ap-
pellants. VS.. Oregon Western Rail-
road Company and G. 10. Loss Com
pany, respondents. appealed from the
circuit court OF Douglas county, j. w.
Hamilton, Judge; motion allowed and
appeal dismissed; opinion per curiam.
h. ID, Thompson, respondent, VS..
Robert Colvin, appellant, appealed
from the circuit court OF Josephine
county, II. X. Hanna, Judge, affirmed
by Justice Eakin.
j. n. Jones. respondent, vs. j. ID.
Short, John Dibblee and w. c. Lee
appellants. appealed from the circuit
court OF Columbia county, T. A, Nc
Bride, Judge; affirmed by Justice
| Eakin.
John Mitchell ct. al. appellants,
vs. City of Portland e,. al. respond
ents, appealed from the circuit court
OF Multnomah county, NJ. c. George,
Judge; petition for rehearing reversed
by Justice Eakin.
Bertha +. Crosby respondent. VS..
Portland Railway Company, appel
lants, appealed from the circuit court
lof Multnomah county; petition for
renearing denied by Justice King.
VIM. w. Brown. appellant. VS. w.
y. Moss, respondent. appealed from
the circuit court OF Lake county. II.
l.. Benson, Judge; reversed and re-
manded for new trial by Chief Jus
tice Moore.
State OF Oregon. respondent. w.
II. NJ. Coss, appellant. appealed from
the circuit court OF Jackson county,
III. X. Hanna, Judge: decision OF the
lower court reversed and a new trial
ordered by Justice Bean.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27
.SMUGGLERS GET THE
BETTER OF UNCLE SAM

San Francisco, April 27.-Undel
the direction OF Special Agent
Frank Johnson of the treasury
department, officials are today max.
ing strenuous efforts to locate Ave
boxes supposed to contain valuable
silks, laeeS and gowns, which are
believed to have been shipped to this
city by the syndicate OF smugglers
whose conspiracy to defraud the Gus
toms officers recently was un-
carthed.
Two of these boxes are said to
nave been consigned to the Arm of
Taft q Pennoyer OF Oakland John
son received Information from the
New York officials that the boxes
were supposed to be on the way to
this city. Despite the unrelaxinR
vigilance Of the local customs Off
cials the consignment was not To-
Gated when II arrived and has now
disappeared mysteriously. II is
thought that confederates OF the
gang in this city affected the re-
moval of the boxes during shipment
across the bay.
Taft & Pennoyer stated that no
shipment from France was expected
for their steamer. and that no boxes
the description OF those
sought have entered their ware
houses. They have offered their SER
vices to the officers IN the attempt
TO discover the whereabouts OF the
smAiggled goods.
According TO the prevalent belief
In customs circles, the government
was defrauded Of between $25O,0OO
and 100000 by the syndicate.
Prominent BUSINESS concerns in tho
United States and well known Amer
leans returning from trips abroad
have been made the innocent foils
OF the wiley smugglers. Every ef-
fort is being made to learn the iden-
tity OF the supposed confederates at
the Pacific coast end of the under
ground road.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27
THE BOAT RACE
KNOCKED HIM OUT

Stanford University. Cal. April "a.
y. l.. Wilde OF Dobbs Ferry, n y.
who rowed No. 3 In the Stanford
shell In the annual race with the
University OF California April ~. to-
day lies at the Students Guild hos
pital suffering from the severe strain
occasioned by the gruelllng contest.
His nfe is despaired OF.
Wilde was taken ill soon after the
race. His illness az first was sup
posed 10 be grip, but later IL was
diagnosed an acute kidney trouble.
His parents have been notified by
wire OF his serious condition
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27

People past middle life usually
have some kidney or bladder disorder
that saps the vitality, which IA natnr-
ally lower In old age. Foley's KID
noy Remedy correots urinary trou-
bles, stimulates the kidneys. and re-
stores strength and vigor. II cures
uric acid troubles by strengthening
the kldneys so they will strain out
the uric acid that, settles In the mus
cles and joints causing rheumatism.
For sale by j. @. Perry.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27

do you use AN atomizer la treat
ing nasal oataTrh? IN so you will
appreciate Ely's Liquid Cream Balm.
the quickest and surest remedy for
this disease. In all curative prop
critics II Is Identical with the solid
Cream Balm, which Is 30 famous and
10 successful Ia overcoming cataTTh,
hay fever and cold In the head. There
Is relief In the first dash OF spray
upon the heated sensitive air pass
ages All druggists Use. including
spraying tube. or mailed by Ely
Bros, Sc Warren ST. New York.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27
JAILED UNDER CHARGE OF
BUYING STOLEN GOODS

Constable II. C. Kelsey. OF
woodburn district. brought James
Rice 20 this city last night and
turned him over 20 Sheriff Harry
Ainto on a commitment 20 the coun-
~ jail. 10 await action Of the cir
cult eonTt. Rice IL charged with
buying stolen goods. and after an
examination before Justice Of the
Peace r. r. Hayes. Of WOOdburn,
he was held 10 answer the charge
Ia the circuit court. Ills bonds we're
h'7ed az $500. which he was unable
10 secure
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27
KERMIT AND HIS
FATHER RECOVER


Nairobi. British East Africa, April
27.-Both Colonel Roosevelt and his
son Kermit have recovered from their
indisposition today and the ex-presi-
dent was astir early. He made light
OF his illness OF yesterday and de-
clared that be would not let the cli-
mate get the best OF him again. Ker-
init declared that he was feeling In
fine shape.
Colonel Roosevelt hunted for a
short time today and shot two bucks.
They were not particularly good spe-
eimens. The real hunting will not
begin for a couple OF days. when an
members OF the party have become
acclimated.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27

Independent Telephone Company
OF Pilot Rock, principal office. Pilot
Rock; capital stock, $4,000; incorpor-
ators, A. X. Turner. Frank Byrd,
Fred Hascall and A. j. Smith.
Woodlawn Christian Church, prin-
cipal office Woodlawn; incorporators
George M. Beatty, Duncan O. Fraser
and Charles w. Roberts.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-04-27

Kennely's Laxative Cough Syrup -
free from all opIates and II cures he
cold by gently moving the bowels. II
is especially recommended for ehn-
dreB. as II tastes nearly as good a.
maple suga.. We sell aud recommend
Il. Sold by all druggists.
The Birmingham age-herald., 1909-01-18

other calls on his time. apart from domes- tic and social engagements
 Visitors and delegations soon got in the way of coming. and then coming again to urge his presence at public functions or to seek his counsel on other matters. He was pleased to be sought and remem- bered. and gave them his time freely though he fretted at the insistent inva- sion of the leisure he felt he had earned. Only sparingly and after resistance did he consent to a few of these requests, not choosing the occasions of greater promi- hence, nor refusing them for that reason, but selecting only those where he be- lieved he could do some tangible good by going. His afternoons were largely given to writing and reading, except when he was taking a drive or stroll or going to some college game. In the evening, after the paper was read, he was fond of a game of cribbage or billiards or the visits of his friends.
 TO dine out and attend lectures and concerts were not things he specially cafed for, but he enjoyed them heartily whenever he could persuade himself to go. They were not things so much averse to his liking as to his habit, and his habit was based on his liking for home, where he loved most to be- and to be all the time, except when the desire for out doors took hold of him and he looked over his guns and rods, preparing for fishing or hunting trip.
The Birmingham age-herald., 1909-01-18
PROHIBITION WHISKY.

From the Louisville Courier-Journal
 The federal government has issued fraud order to stop the business of mail order establishment at Newport which advertised to sell fine Kentucky whisky at 50 cents a quart. Accord ing to the statement of the chemists who analysed the beverage 1t is composed of alcohol and water and coloring matter. An Illinois purchaser says it froze in his room. What it did in his internal workings is another story, as MT. Kip ling is wont to remark
 Here we have an illustration of the workings of prohibition. It is stated that 5000 letters are now in the Newport post office addressed to the concern and that it has probably managed to clear s5o.OO0 by selling imitation whisky through mail orders.
 If alcoholic beverages are used at all 1t is wise to be temperate in consuming them. But it is outrageous folly to drink a mysterious mixture which is misbrand- ed "whisky" and which may cause no end of evil or possibly death Yet mail order concern opens up for business with a stock of alcohol and water and color ing matter and does Hand office' bus mess in prohibition territory. In theory the prohibition section iss dry" In fact, 1t is wet with strange decoctions mas queradlng as whisky. Who Is benefited?
The Birmingham age-herald., 1909-01-18
Notable Tourist Center.

"Richmond continues to be a notaple tourist center" said s. N. Pamplin or Baltimore "As in all progressive com mercial cities Richmonds historic land marks are fast disappearing, but the old town still has St. Johns Episcopal church where Patrick Henry made his famous speculative me liberty or give me death This church stands in a grave yard embracing about four ana a half acres of ground. The oldest tomb bears date of 1751. St. John has a vigorous parish and few congre- gations in Virginia are larger than that which attends worship in this ancient building.
 "Richmond has in addition to St. Johns church several historic memor- ials. but what gives character to the city from a tourist point of view is It's proximity to Williamsburg, the ancient capital. AS miles distant, and Fred erioksburg, where lived the mother or George Washington, 60 miles away Richmond is the radiating point and will ever be the mecca of those inter ested In colonial history"
The Birmingham age-herald., 1909-01-18
Model to thy inward greatness, Like little body with a mighty heart.
 king Henry V.
Coal Production Last Year

The geological survey estimates the soft coal production of 1908 will, when final figures are secured, go beyond 320,000, 900 tons and may possibly reach S3O,OOO,OO0 tons. The production of 1907 exceeded 400, ,000, 900 tons. The depression was severely felt in all coke-producing centers, extending in many instances to a decrease of 90 per cent in output.
 The decrease in anthracite ship ments was not nearly so large-about 73,200, 900 tons, as against 76,432,42l tons in 1907. The decrease in the an- thracite was only about 5 per cenl, while the decrease in soft coal was about 25 per cent.
 These figures relate to the coal mines of Pennsylvania, Ohio and West Virginia. Full returns from all the states will no doubt show a decrease in production varying from 10 to 20 per cent, as compared with the produe- ton of the previous year.
 The geological survey says the coal industry will return to normal condi- tions gradually. This wholly depends upon general trade and the general industrial condition. A bureau in Washington is no better judge of gen- eral conditions than a commercial or ganization would be in one of the states. A gradual return would, how ever, be preferable, for such return would be sound and well based, and it would come to stay a while. That is what all desire.
The Birmingham age-herald., 1909-01-18
The Music Festival

Birmingham needs a music festival, and it will have it. Every progressive city in the south has arranged for a music festival next spring. and Bir- mfngham simply could not afford to be left out of the list. Moreover, Birming- ham appreciates the culture side of life, and large percentage of it's citi- zens crave tone banquet, such as the Festival association has planned to give here.
 All great festivals along art lines are expensive, but they are educative and uplifting, and should therefore be en- couraged. They attract people of re- finement from every part of the state and the visitors who will come here in May will be numbered by the hun dreds. As a purely commercial propo- sition, then, the music festival should pay. But, pay or no pay, we are to have a festival in the coming spring
 that will surpass any musical event hitherto attempted here.
The Birmingham age-herald., 1909-01-18
THE NUDE IN ART.

From the New York World
 The question of the nude in stage art having come up for discussion in the German reichstag as a result of perform ances by the Beauty Society,"" debate was indefinitely postponed following a statement by the minister of the interior that "the beauty of the human body as God made 1t is harmless" and that "to represent the human body in its beauty has always been the highest aim and iustifable endeavor of every serious scien- tific art"
 The question is thus left open for Ger many. But for this country some pro- gress toward a definite and conclusive decision has been made by the Oklahoma Bill Posters association, the directors of which have issued orders forbidding the posting of nude pictures "such as are used in advertising certain kinds of dry goods"
 This decision has been reached by men who enjoy practical first-hand acquaint- ance with the high art productions of the lthographer and the color printer and should carry its due weight of au- thority They know what's what in the matter of pictorial impropriety, and their effort to prevent the deterioration of pub lie morals through the bill boards, ini- tated as 1t is at sacrifice of their trade interests, deserves praise.
 Great reforms work upward, and there is no reason why the censorship of the bill posters should not rise to include the stage. It may remain for the bill stickers to sound the doom of the Salome dance.
The Birmingham age-herald., 1909-01-18
MIDDLE-PARTED HAIR.

From the Philadelphia Record.
 Ut will soon be the fashion again to wear the hair parted in the middle" said the boss barber in a downtown shop. For a good many years the style has been dictating side part, but now the middle is winning its way back. Leading actors, I guess, are the cause of the change, although I am not sure of that point. Nevertheless, notice that a great many stars part their hair in the middle. At any rate, we are getting a number of requests from young chaps to tram their hair for middle part so l guess it is coming all right. Only year or so ago I can well remember that we used to consider the man who parted HIS hair in the middle a sissy, and rather made fun of him. The well groomeu man during this period brushed his long part back on the head, thus training ms hair and giving very distinguished appea- ance. I must confess that liked this side mart very much, but l fear very much that 1t is fated to go the Journey when the parted-in- -the-middle styie gets nouular. Another style that oios 1air 10 he revived in the face of all this prize- fieht talk of Jeffries and Jack Johhson pett;ne together is the one-time famous
 ,oronedour made famous by Jim Cor hett+.Pompadour Jim they used >to call hfn, However, that's farther in the fu- t,,ra than the part in the. middle, which T tb,nk will be the rage in the very near future"
The Birmingham age-herald., 1909-01-18
Capital Punishment In France

The French parliament recently passed a resolution in favor of the re- tention of the death penalty in France. The guillotine had not been legally abolished, but the Presidents of the republic have been accustomed to com mute death penalties, and many year had passed since an execution had taken place in that country. The first recent execution took place on Monday of last week, when at a small town four men were guillotined to the great joy of the people who witnessed it. The spectacle was an open one, and the people flocked to it in great num- bers.
 The four men who were decapitateu had constituted a gang of murderers and robbers that had long terrorized northern France and southern Bel gium until they had actually killed IS persons. They were guilty of almost every crime in the calendar, and when they had been found guilty the people demanded full punishment.
 Eighteen other murderers are unoer sentence of death in France, but it by no means follows that all of them will be guillotined. That method is really reserved for the most brutal and ob- noxious cases, and it's abolition is not agitated in France at present. It is no longer live issue there.
The Birmingham age-herald., 1909-01-18
NEW GIBSON GIRL IS HERE

gone back to black and white with rare enthusiasm. Said he recently:
 q shall always wish to express in that medium certain side of life that interests me intensely-what might be called, perhaps, the observation or hu- man nature in detail, the minor inci- dents, the satire, the special traits Of character. Now a man can no more ex- press these things in oil than he could express in black and white the intri- cate shadings and values by which woman's hair shades into her fore- head. or the graduations of value from the cheek to the neck, or the quality of the expression.
 "A few years ago I decided that I was unwilling to go through my life expressing only half of my interest. l knew that a new and difficult art could not be mastered while I was im- mersed in the same life and the same work that had so long known. There fore I broke away from my black and white for the time being. and from my environment and went abroad to stay until I had learned the rudiments, at least of the new medium.
 q worked as intensely as it was in me to work at the problems of oil while studying the great masters of portrait painting in Spain, Italy Hol- land, France, Germany and England. I feel now that I have mastered the al- phabet and that l can go on express ing myself more fully and more satis- factorily every year.
 "Each of these arts is made more satisfying by the fact that 1t is sup plemented, and that, therefore, can feel that I am not leaving unexpressed a large part of the things in the world which interest me most"
The Birmingham age-herald., 1909-01-18
HIS DAILY LIFE.
How MT. Cleveland Occupied His Last
 Years at Princeton.

Andrew F. West in the Century Magazine.
 On his eOth birthday, March IS, lssI' MT. Cleveland made his second visit to Princeton, and came to live in his new home.
 It was a day of pouring rain, the first of a three-days storm. something differ ent from the October splendors in which he first viewed Princeton. But as one Independent of fair weather or foul, he settled himself contentedly to enjoy his first good rest after the strain Of hard service Into this retirement occupation soon followed him. A huge stack of daily mail gave him more than enough to fill his mornings. He worked at 1t assid- uously, examining all of it. and answer ing the letters in his own hand. It was only slowly and after much reluctance that he brought himself to consent to the occasional help of secretary, usually a student of the university. Even SO, the disposition of the miscellany still took most of his mornings. Then there were
The Birmingham age-herald., 1909-01-18
Raising the Presidents Salary

A committee of the Senate in con sidering an increase of the salary of the President has decided, it is stated, to advance the salary $50O00 while the appropriation of $25 1000 for travel ing expenses is to be cut off. In other words, the committee proposes to in- crease the salary but $25,000.
 This would be very pickayunish in a country of almost untold wealth and of nearly 1O0,O00,000 people. The duties of the office are exacting. The social duties of it are expensive, and a salary of $100,000 now would not be more than salary of $25,000 was in the early days of the republic.
 It would be unwise, too, to discour- age in any way Presidents oppor- tunities to come in personal contact with the people. The people desire to see their chief executive officer. They can judge him better after seeing him, or rather they think they can, and a President should be encouraged to visit the various states from time to time Formerly a President travelled at the expense of the railroads he used, but any such travelling would be a national scandal nowadays.
 Congress should let the travel ap-
The Birmingham age-herald., 1909-01-18
HEIGHT OF NAPOLEON.

From the Boston Globe.
 flow tall was the tallest man you ever knew?" Thackeray asked friend one day when he was writing "The Virgin ian"
 Whatever the reply was, the famous novelist said. Well, here goes; l must make Washington an inch or two taller.
 Thackerays desire to exalt Washington nhvsicaliy was caused, no doubt, by ao- miration. yet, on the other hand, ad- mirers of Napoleon, instead of exaggerat- ing his height, delight in reducing him to the proportions of dwarf. mack erav might have found out Washington's exact height because there is no dis mute about 1t. It was just six feet. two inches. Napoleon is not so fortunate. His altitude is shrinking daily. The last writer to lay the heavy hand or com pression on him is a contributor to the January Atlantic, who asks us to De- lieve that the Corsican planet-shaker was only A fraction of an inch more than five feet tall.
 Alarmed by this terrible shrinkage, we rush to Scott, to Scott the sacrilegious, as Boneparte worshipers might call him. Yet Sir Walter, far from depreciating their hero, at least altitudinously, gives him five feet, six inches.
 From Scott we turn to Professor Sloane, who tells that when Napoleon was a stu dent at Brienne, and IA years old, his certified height was four feet, 10 inches, 10 lines. French standard, which would be equal to five feet. three inches. our standard.
 But after one has fattened on earth conquest, he may not only enlarge the size of his head, but also increase his altitude. Hence we are not astonished to find that, according to measurements made when the conqueror lay dead at St. Helena and published in 'The Last Moments of Napoleon by Dr. Antom- march,. he was five feet, two inches, four lines. French standard, which in our measurement means five feet. six inches and 4 of an inch.