davidaulloa/AmericanStories huggingface dataset:
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
MISSOURI RATE
LAW HELD
INVALID
NOTABLE VICTORY FOR
WESTERN RAIL ROADS
Federal Court Holds Both
Freight and Passenger Tariff
Confiscatory and Beyond
Power of State to Enforce.

my MofutuA HpVstht A<cfsscU NIteI
Kansas City. March --Missourrs
two-cent passenger and maximum
freight laws We're nullified by a de-
cision handed down here in the Uni
ted States district court by Judge
Smith Mcpherson. As a result. IL is
believed there viii be quick return
in Missouri to three cent fares. Frank
Hagerman, counsel for the eighteen
companies involved, declares the
courts ruling sounds the death knell
of the two-cent rate in every state in
the union.
Judge Mcpherson held that both
the commodity and passenger laws
We're confiscatory and unconstitu-
tional
The state, on the other hand de-
clared emphatically that Missouri's 8
fight for lower rates would continue.
Attorney General Major said an ap-
peal would be taken and that the
present legislature would be asked TO
pass new rate law that would stand
the tests of the court. Governor Had
ley made a similar statement at JEFF
ferson City.
Judge Mcpherson sat through the
lengthy trial of the case, that has
covered several months and had
worked diligently on his opinion for
month past.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09

per cent was fair and right to be Civ
en- to the owners upon the true valua>
ton. My opinion is that while a gas
plant is in some respects different
from Il railroad. that railorad prop.
erty, properly built, and properly
managed. should over and above ex-
penses make a return Of six per cent
per annum. And considering all the
evidence the evidence fairly shows
that all of these roads were properly
and economically built and are be-
ing properly and economically man
aged. and that after paying the cx-
pcnscs for maintenance and operation
that there Is less than six per cent Of
returns. and not more than three per
cent upon any of them and as 20 some
of them a deficit taking the property
as above stated within the state OF
Missouri at fits fair valuation And
this is SO without reference to bonds
because in no case do the bonds bear
six per cent interest But taking the
bonds into consideration, there is tsill
not to exceed thre per cent returns.
and many cases deficit after CON
sidering all debts and credits. upon
the true valuation for the state busi-
ness There Is no evidence that any
of the existing bonds were improper.
~ issued either as to amounts or rates
of interest. In fixing the value the
court has considered the evidence OF
witnesses as to the stocks and bonds
outstanding. and the state board for
taxing purposes has valued these
properties. or course those findings
are not binding nor conclusive. but
they are persuasive. Both indfpend-
emily of stocks and bonds. and indie
pendently OF what the state board has
valued those properties for taxing
purposes, the evidence shows the
va luations to be as recited in the find
ings of fact herewith filed. and to
which reference will be made in the
DEGREES.
1T is absolutely necessary that
many trains both passenger and
freight do both local and interstate
business. Even the fast trains stop
ping at but few stations in the state
carry state passengers between such
stations. And the same is true as to-
freight trains carrying freight both in
carload and less than carload lots.
"The valuation of the roads has
tttn liAtd ny int tUUil hN NnhMn bA
the findings of fact The entire state
and interstate earnings Of each of the
roads within the state is known and
fixed to a certainty. The expenses are
known and fixed. To apportion thcos
expenses. must be done according to
one of the two theories. ana the cor.
rect theory is that according to rcve
nue.. One theory or other must be
applied to both freight and passen
ger expenses, and the court should not
adopt the one theory as to part aud
the other theory as to another. The
one theory Is helpful TO the one side,
and the other theory helpful to the
other side, the one theory to the one
side in freight. and the other theory
to the other side in passenger. But
an arbitrary splitting of theories is H. |
logical and unfair. and cannot be
(ContiltIcd ON Page D. Column 81
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
ST. PAUL ROAD 70
COAST OPENS IN JULY

Butte, Mont, March S.-On May ]
according to word received here, tn,
Chicago, Milwaukee & Puget Sound
railway will inaugurate its freight
service through to the coast and on
July 1.-The passenger service will be-
gin
April , at Gold Greek. the golden
spike viii be driven in the presence
of the Milwaukee general officials,
William ID. Rockefeller and other
magnatos.
This event will recall the compile
tion Of the Northern Pacific. In Sep
tember. 1883. at Gold Creek, in the
presence of President Grant, Terri
torial Governor John SCHUYLER Crosby.
Henry Willard. members of Grants
cabinet and other prominent men, the
spike was driven at spot near where
the Milwaukee road is to be linked
together
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
YOUTHFUL YEGGMAN
CAPTURED IN COLORADO
Eight -Ncar-Old Chccrfully Shows Or
fiCers How 10 Rob Post
office Boxes.

Montrose. Colo, March e.-Robert
oxford. an eight-year-old ycggman,
broke into a number of the lock
boxes of the Montrose postoffice to-
day and secured Si6S in cash and
drafts and considerable amount of
jewolry The boy opened the boxes
which are of the combination lock
pattern by listening TO the click OF the
tumblers He secured the larger por-
tion of his plumber from the boxes
of the county treasurer of Montrose
county ana the Reynolds Jewclry
company H. was arrested shortly
after the theft Was discovered Ac-
companied by the police he returned
to the postoffice and opened num-
Der of other boxes to illustrate his
methods.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
TAFT INSISTS
ON RADICAL
REVISION
TARIFF CONFERENCE AT
WHITE HOUSE YESTERDAY
Problem of Providing Funds
for Immediate Needs Of Gov
ernment Already Confronts
New Administration.

Washington, ID. c.. March S.-The
problem Of providing funds with
which to carry on the projects under
way. to maintain the plans of the
Taft administration and TO make the
demands square with a new tariff
schedule. is the work with which
President Taft. Senator Aldrich,
Speaker Cannon and Secretary of the
Treasury MacVcagh were engaged at
a two hours conference at the White
House today.
The necessity for the enactment Of
tariff bill AZ the earnest possible
moment was discussed but whether a
definite policy was outlined could not
be- stated That the manufacturers
and other large interests are demand
ing early tariff legislation and that
business will b. unsettled until tho
tariff schedules are finally fixed were
the principal reasons for the desire to
permit nothing 10 Interfere VIII
prompt action at The special session.
Mr. Taft has made consistent
fight for a genuine revision of the
tariff and has left it be- known In
many ways that he would BE- salts
fled with nothing less. In his in
augural address he frankly called at
tention to- the one hundred million
dollar deficit confronting his admin
istration and he suggested the posi-
bilitv or necessity OF an inheritance
tax TO make up some Of the future
revenues Secretary MacNcagh has
allowed himself To- be quoted as 10
the possible necessity of a stamp taS
II is certain that since today's con-
ference there is a more definite un-
Outstanding as To- what may be the
nature OF the proposed new tariff al
q revenue producer II IL has been
concluded that tariff revision must be
radical, provision in the bill may be
looked for which viii have for its
purpose the raising Of revenue BY 9th
er means than a tax on imports.
Mr. MacNesgh was sworn In as
secretary of the treasury at o'clock
fCoutiuued on Page =, Column I.l
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
SPOKANE SHIPPERS SEE
CHANCE FOR REBATES

Spokane Wash, March S.-Plans
arc being considered here for a huge
suit by Spokane jobbers to secure re-
bates on freight charges which, 1t is
expected may aggregate $250,000. The
claim is based on the recent ruling
of the interstate commerce commits
sion declaring freight rates to this
city were Inherently unreasonable"
and ordering reductions. The theory
is ad,anced that rubatos may be de-.
mandrd on excess charges paid since
the suit was filed two yrnrs ago,
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
ROOSEVELT TO CARRY
COMPACT DRUG STORE
Medical and Surgical Supplies foi
Regiment to Guard Health of
Former President.

New York. March Medicine
enough FOR regiment and surgical
Instruments enough 10 do the work
Of an ordinary hospital will be carried
by Theodore Roosevelt to Africa. all
condensed so as 10 fill a suit case.
There are fifteen thousand doses in
the tablets nearly sixty-five per cent
Of them quininc. The other medi-
cines are To ward off diseases most
prevalent in equatorial Africa. ehemi-
Gals to make swamp water pure and
pslatablc. cures FOR snake bites, slim
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
ARMY SURGEON ON TRIAL
FOR BEATING RAILROAD

Mlssoua. Mont, March S---A mill
tary court martial convened at Fort
Missoula this morning to try Lieu
tenant w. +. Parkman of the medi-
cal reserve corps. who Is accused of
rendering a false report regarding the
loss of property belonging to the
medical department, defrauding the
Northern Pacific Railway company
out Of railorad fare for his Filipino
servant by smuggling him from Hope,
Idaho, to American Lake, Wash, and
again defraudng the railroad by hid
ing his servant in an ambulance wag-
on and shipping him on flat car
from American Lake to Mssoula.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09

ever, that it was twelve miles and
there were not enough conveyances
to take more than seventy-five peo-
pie by a dam site
W p. Metcalf, who had charge of
the comm issary last year. arose every
few minutes to insist that there be a
diner on the train this year and Mr..
| Garside said ne believed this might
be possible, refusing to promise any
thing. however. until he heard from
headquarters about this matter and
the matter Of rates and other accom-
modations 1t is practically certain,
| however, that diner can be secured
at little extra expense and it will add
greatly to the comfort of the eXcur-
sionists
Mr. Metcalf read letter from j.
r. Coleman in Santa Fe, which said
in part: II would like to go on the
trade excursion, as assistant in the
commisary department. handy man
about the baggage room, or anything
at all just so that | can make the
trip"
Mr. Coleman, it will be remember
ed, is tho colorcd individual who was.
left at the post when the train left
here last year, and he was nearly
heartbrolIen about it. Mr. Coleman
signed articles and shipped as an ef
ficient member of the baggage ear
staff Mr Metcalf introduced res
olution to find out why everyone
wanted to stay so long in El Paso
but was sat upon.
The committee Will get extremely
busy this week arranging the schedule
of theI1SE ursion to suit the majority
and Interviewing those who want to
GO ThcSecond annual excursion has
started off with q snap and an en-
thusiasm which guarantees it will bt
"A winner and 50 far no one has been
found who does not want to goI
whether he is able to get away or not
Fully realizing the benefits to be de-
rived from "A business standpoint the
merchants, after last years expert
ence are enthusiastically in favor Of
the trip this year.
Those who put down their names
on the excursion list last night in
cluded w p Metcalf. Mike Mandcll.
David Weinmann, l.. S. Parker. Wal |
lace Hcsselden, Gross Kelly and com |
pany, three representatives.; the Morn |
ing Journal. two representatives; the |
Evening Citizen. two representatives; !
Il l.. Mcdlcr Marcus r. Kelly Frank |
Ralph O. A Matson, Clark, Frank A. |
Hubbcn. Barth. A. Flcischcr. r. w |
Fee. Roberts, Albert Fabcr, A. |
Stroup, Rev J Fletcher cook, DR.. w |
G Hope, II. Il. Ferguson, c. f.
Gleckler. T j Mathews, r. y. Wad- |
deli r. H. Lester, Dr. Mccormick, O |
4. Burtner. Dr. Shortle and his broth
or. Dr. Kaufman and others.
Don't forget Jimmy McCorriston,
counscilcd a friend OF the absent con-
tractor last night and McCorristoE
name went down. p F. McCanna fears
he can't go but it is not believed no
can stay at home when the conduc-
tor yells "all aboard Twenty
or thirty other well known men have
signified their willingness to go and
altogether it is not believed there will
be any trouble in filling out the list.
Last year there were over l25 on the
train and it should be raised to at
least two hundred this year.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09

ulants. opiates, knives and bandages,
These supplies packed in unbreak-
able and alright bottles of a vulcan
ite composition, fit into an aluminium
ease 10 by 10 by s.
This outfit has been made for the
Roosevelt expedition by an American
firm whose principal offices are In
London. The same firm supplies Liv-
ingston, Stanley. Perry, the Due
d'Abruzzi and other explorers with
medicine chests.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
DECISION NOTABLE
VICTORY FOR RAILROADS

Kansas City, Mo, March S.--A no.
table decision I'm favor of the railroads
was handed down today by Judge
Mcpherson of the United States dis
triet court. in the two-cent fare and
maximum freight rate cases, involving
eighteen Missouri lines The railroads
contendcd that the rates fixed by tho
statutes of the state were not remu-
ncrativc but confiscptory and' that
the enforcement % Le ststutcS be
cntoincd. The state brought proceed
ngs TO have them enforced
''rhc question" said Judge Me-
Phcrson in his decision. lis whether
the traffic wholly within the state of
Missouri generally referred to in the
evidence as local traffic. can be car
rled under the freight rate statute of
1907 and the passenger fare statute
of 1907 at such profit as will give a
reasonable return after paying cx-
pcnses upon the Investment. or
whether such traffic is carried at a loss
or less than such reasonable profit
Tho court has reached the
conclusion that upon this question the
statutory rates fixed by either and
both statutes are not rcmuncratiye.
In giving the reasons for such con-
clusions the decision says:
The unquestiOncd and undoubted
rule is that there is a presumption
both OF fact and Of law in favor Of
the validity of every Legislative enact
ment Tho railway companies have
rho hurdep ar rcn,oving thiq nresunn-
tion. ana showing that the statute
clearly. or as some courts say. palp-
ably and others say. beyond a rea-
sonablc doubt TINT the statute Is in
valid. In these cases the court has
recognizcd This rule The authorities
upon this ouestion form n long and
unbroken line with the single excep-
tion OF the rnoforjtv oDinion in the
cos. decided year ago
f6S Al Reu G-e1 Ana that ono
,nthoritv is not nersuosivc
"All tos,ip,on, and orpumont beor-
ne unon tho m,cstion as IA what con
sldorntion tbo legislature of Missouri
1ave to those condiments ie uttnrIv
Ar,rb was said in oreu-
mont as IN tho message of Governor
FIupbos of Neu, york two vears ago
IN declining to ant,rove tho tvo-cont
faro statuta Of mat state cov.rnor
IIugbes ma tho moral co,rao. .o
-eto n measure of nonuIar favor he
.ause os ba believed tho o,eetion had
,ot beer full,, considered put mo re. |
ations NJ a eovornor To nronoeed low
slation ana those of n court "a Ingis- |
alton consuurntod are entirely ar |
-erent
"NIost of Ia,,r,or and many lau,,..rs
,e1ievc 7bat tbo question Is ,,bother
he railway common. as s,,step, ? |
.arning s,,efici.,t revcnue unon tbe
,alun OF the pronertv of the system
rbnv believe .ha, If tho burlington
santa Te wabash or any otber rail |
Dad system Is earning such money az
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09
SOUTHERN ROUTE ADOPTED
BY BOOSTERS FOR SECOND
ANNUAL TRADE EXCURSION

Committee Appointed to Canvass Business Men, Enthusiastic
Meeting at Commercial Club Decides to Start Record
Breaking Trip on Nineteenth of April and Twenty five
Prominent Men Start Off List of Passengers With Their
Names; General Desire to Make Big Albuquerque Noise
in Ell Paso With Return Trip Through the Rich and Fertile
ESancia Valley
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09

(Continued on Page :, Column ~
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09

tConunucd ON Page ), Column -
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-09

Continued ON Page >, Column 81
The Garland globe. [volume] (Garland, Utah) 1906-191?, 1909-11-13
Mistake Somewhere.

A story comes from Kentucky
town that is worth repeating. There
lives there woman who says that
she has immediate communion with
the Almighty, and now and then de-
livers to those of common clay mes
sage that she has received from on
high. The fact that these messages
sometimes take on a very Materials
tic hue does not alter their effective
ness, In her opinion.
One day she went into the Office of
a well known attorney and approached
him solemnly as one about to reveal
an awe-inspiring secret.
"The Lord sent me to you for $25,
she announced
The attorney looked up and smiled
THAT must be mistake" he re.
piled, blandly, because the Lord
knows / have not got it,"
Celestial communication was there
upon broken off.
The Garland globe. [volume] (Garland, Utah) 1906-191?, 1909-11-13

ieve l would not be living today" says
Mrs. Hinson. MY eyesight was poor,
suffered with nervous, splitting head.
aches, spots would dance before my
eyes and at times would be so dizzy
l would have to grasp something for
support. My back was so weak and
painful I could hardly bend over to but.
ton my shoes and could not get around
without suffering severely. Doan's Kid
ney Pills helped me from the first, and
/ continued until practically well
again."
Remember the name-Doan's. Sold
by all dealers. so cents box. Foster
Milburn Co., Buffalo, N. Y.
The Garland globe. [volume] (Garland, Utah) 1906-191?, 1909-11-13
HE|NZE WELCOMED
MINING MAGNATE GIVEN AN
OVATION SELDOM RENDERED
PRIVATE CITIZENS.
Met at the Depot by Great Crowd
Headed by Band, and His Carriage
10 Drawn Through Streets OF
Butte by His Admirers.

Butte.-On his return to Butte
Sunday night after two years alb
sence. F. Augustus Heinze was given
an ovation the equal of which has
seldom been rendered private citi-
zen In this city. From the balcony
Of the Butte hotel. known in the
days Of the factional fights as lib
srty Hail." and from which Heinze
In years past has often addressed a
vast assemblage. he spoke to crowd
Of 1000 people, being frequently in
terrupted with cheers and shouts OF
the miners who remained loyal
through the adversities and vicissi
tudes of fortune of their former
leader.
At the depot on the arrival OF the
train which brought Heinze from
New York, crowd of $500 people
had gathered and with the Boston &
Montana band assured him of a
splendid welcome. The carriage In
which he rode up town was drawn
by score OF more of stalwart ad
mirers, the horses being unhitched
soon after the arrival of the train
and just before Heinze stepped into
the carriage. The main thorough
fares of the city were brilliantly II
Illuminated.
The Garland globe. [volume] (Garland, Utah) 1906-191?, 1909-11-13
SOME HARD KNOCKS
Woman Gets Rid of Coffee Heart

The injurious action of Coffee on the
heart of many persons Is well known
by physicians to be caused by caf-
feline. This is the drug found by chem
lists In coffee and tea.
A woman suffered a long time with
severe heart trouble and finally her
doctor told her she must give up cof-
fee, as that was the principal cause
OF the trouble. She writes:
my heart was so weak 1t could not
do its work properly. My husband
would sometimes have to carry me
from the table, and it would seem that
would never breathe again.
"The doctor told me that coffee was
causing the weakness of my heart He
said / must stop it, but 1t seemed
could not give 1t up until was down
in bed with nervous prostration.
For eleven weeks l lay there and
surrergt. FFinaffJy- Husband brought
home some Postum and / quit coffee
and started new and right. Slowly
got well. Now do not have any head
aches, nor those spells with weak
heart. we know it is Postum that
helped me. The DR.. said the other day
4 never thought you woulS be what
you are used to weigh so pounds
and now | weigh 1853.
Postum has done much for me and
l would not go back to coffee again
for any money, for believe 1t would
kill me If | kept at it. Postum must
be we'll boiled according to directions
on pkg, then 1t has rich favour
and with cream is fine."
Read "The Road to Wellville," found
In pkgs. There's a Reason"
Ever read the above Ietterf A new
one appears from time to time. They
are genuine, true. and full OF human
Interest.
The Garland globe. [volume] (Garland, Utah) 1906-191?, 1909-11-13
ECZEMA COVERED HIM.
Itching Torture Was Beyond Words
Slept Only from Sheer Exhaustion
Relieved In "a Hours and
Cured by cutlcura in a Month.

II am seventy-seven years old, and
some years ago was taken with &C.
zema from head to foot. was sick
for six months and what / suffered
tongue could not tell. could not
sleep day or night because Of that
dreadful itching; when l did sleep 1t
was from sheer exhaustion. was
one mass of irritation; 1t was even in
my scalp. The Doctors medicine
seemed to make me worse and was
almost out Of my mind. I got a
set Of the Cuticura Soap. Ointment and
Resolvent. used them persistently
for twenty-four hours. That night I
slept like an infant, the first solid
nights sleep had had for six months.
In month was cured. w. Harrison
Smith, Mt. Kisco, N. Y, Feb. 3, 1908"
Potter Drug & Chem. Corp, Sole Props. Boston.
The Garland globe. [volume] (Garland, Utah) 1906-191?, 1909-11-13
DOCTORS PRESCRIPTION.
Quickly Cures Rheumatic Pains, Also
Splendid System Builder.

Go to any good prescription drug
gist and get the following and mix
them: If he does not have these in.
gradients he will get them from his
wholesale house.
One ounce compound syrup OF
Sarsaparilla, and one ounce Toris com
pound. Add these to half pint OF
first-class whiskey, and use a table.
spoonful before each meal and at bed
time. The bottle must be well shaken
each time. This simple remedy is
one of the most effective known. The
restorative action will be felt after
the first few doses.
The Garland globe. [volume] (Garland, Utah) 1906-191?, 1909-11-13
ANOTHER IMPORTANT VICTORY
FOR THE CARTER MEDICINE
COMPANY IN THE UNITED
STATES COURT.

The United States Circuit Court for
the Southern District of New York
sitting In New York City-has just
awarded to the Carter Medicine Com
pany decree which again sustains
the companys exclusive right to use
the red package for liver pills.
BY the terms of the decree, II is,
among other things
Adjudged that the Carter Medicine
Company is the owner of the sole and
exclusive right to the use of red col
ored wrappers and labels upon said
small, round packages of liver pills Of
the style described in the bill of COM
plant: said right having been &C
CURED by the prior adoption of said
style and color of package for liver
pills by the complainant predecessors
more than thirty years ago, and es-
tablished by the continuous and ex-
elusive use of the same in constantly
increasing quantities by said prede-
cessors and by the complainant, the
Carter Medicine Company, itself, from
the time of their said adoption until
the present day.
The decision just announced is per.
haps the most important and far-reach
ing of all, by reason Of the character
of the tribunal which rendered 1t. Nc
Court in the country stands higher.
National Druggist, st. Louis, Mo,