davidaulloa/AmericanStories huggingface dataset:
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30

There is gang of burglars opera
ting at present in the Bronx and in
Westchester, remarkable for the bold
ness and cleverness of it's members
and for their mania for writing notes
to their victims. In one of the
houses which the burglars ransacked
the other night, they left two notes,
numbered respectively No. l and No.
%. The first note read: 'If it had not
been for the cop on the beat we would
have taken more. You have good
stuff, but he might see us carrying it.
Much obliged for what we have got.
Will come back" The second note,
left in the parlor, showed considera-
BILE cynical humor. 1t read: Profit
by this lesson. Do unto others as we
have done unto you."
In another house the burglars found
$50 which the owners wife had hid
den in sugar bowl. This sum the
burglars took, leaving note with the
following inscription: 'We give you
credit for being clever. Sorry, but we
were hard up. Will come back for
more"
1t must have struck the burglars
that it might embarrass the house
wife to find herself entirely without
funds in the morning. So they left
the following note, with 81 bill pin
ned to it, on the kitchen table:
Dear Madam: We leave you this,
for the babies may be hungry in the
morning"
The burglars also entered house
inhabited by poor street railway
employe who has blind wife and
four little children. The burglars did
not take anything, but left a note,
which said: "We pity you, You have
large family to look out for. Every
thing is left as we found it," AS
none of the notes bore the name and
address of the writer, the police have
no clue to the burglars.
| 1t is somewhat out of the ordinary
for ,narriad anuRln tn faEa fkaiT
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30

If you have anything to give away
you are at liberty to wait until Christ
mas, but pay your debts now,
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30
WORTH
MOUNTAINS
OF GOLD
During Change of Life,
says Mrs. Chas. Barclay

Graniteyille, vt. -"I was passing
through the Change of Life and suffered
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30

In spite of the fact that scores of
arrests for smuggling have been made
at this port during the past few
months, some travellers returning
from Europe do not seem able to re-
sist the temptation to make the at
tempt of cheating Uncle Sam out of
his customs dues. The other day a
young married couple, returning from
it's wedding trip was arrested for at
tempted smuggling and a collection
of necklaces and other jewelry which
the bride had secreted on her person
and, of course, not declared, was con-
fiscated Almost every liner coming
from Europe brings one or more per-
sons who try to smuggle dutiable
goods into the country, although they
are fully able to pay the duty, which
would save them from all risk of hui
initiation, arrest, annoyance, loss of
property and payment of fines. 1t
seems that a great many persons,
who had heard of others how easy it
was to smuggle things into the coun-
try years ago, have. not yet learned
that Collector Loeb has given the
customs service in this port a thor.
ough shaking up.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30

You will find all sorts of people in
the world. including a few who pre-
tend to like mineral water.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30
+ i !. !. i i i !. i 4. i i !. !
Z BIRTHS !.

I. 4 !. !. !. +. I. i. 4. + i. !. \ i.
A son was born Friday evening to
Mr.. and Mrs. Clarence Evers of West
Walnut street.
A son was born Saturday morning
to Mr.. and Mrs. Berna Houck, who re-
side just south of Brandon.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30
Guns and


The hunting season will soon
be here. The squirrels are hav-
ing plenty to eat and it looks like
we were going to have good hunt
ing. Even If we should not have
good hunting, every farmer should
have a gun to clear off the ami
mails that destroy his crops
skunks, woodchucks, crows and
a lot of others that damage rather
than help. Our assortment Is in
good shape aHl we would be
glad to show you either rifles or
shotguns of some of the best
makes.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30
TO QUIET
Title To Real Estate Action
Is Brought
Other Items Of Interest From
The Court House

Milan E. Phillips has commenced
suit in common pleas court against
Homer B. and Milton G. Levering,
seeking to have title to real estate
quieted. The land consists of 2.32 ac-
res and is located in Wayne township.
Waight C Moore for the plaintiff.
%
Left Gauze In Her
DR.. William G. Weber, of Cleveland,
was named yesterday as defendant
in suits for $4,000 damages instituted
in the common pleas court by Frank
Stephenson and his wife, Mabel. The
petitions charge the doctor with neg
ligence in the care of Mrs. Stephenson
following the removal of her appendix.
TIE operation, according to the Pc
titions, was performed on June II, at
which time strip of iodoform gauze
was not removed from the incision be-
enson says that she suffered great
pain until August 23, when she was
again operated upon and the gauze
was removed. Her condition is such
as to prevent her from attending to
her household duties the rest of her
life, she says, and she asks $4,000 as
damages. A like sum is asked by the
husband for the loss of his wife's SER
vices.-Wooster News.
The Linn Estate
An inventory and appraisement of
the Aaron Linn estate has been filed.
1t shows 1882 in personal property and
$708 in money.
First and Final
Robert Tucker has filed his first and
final account as administrator of the
John Tucker estate. It shows that all
debts have been settled, and asks for
his discharge from the trust.
Marriage License
Leo A. Haycock, Porter township,
Delaware county, section hand, and
Edythe Myrtle Swartwood, Center.
burg.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30

1t is somewhat out of the ordinary
for a married couple to take their
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30
The Linn Estate

The Linn Estate
An inventory and appraisement of
the Aaron Linn estate has been filed.
1t shows 1882 in personal property and
$70S in money.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30

One of the readers, dissatisfied
with the editorial policy of the Jew
ish Daily News published in this city,
stormed into the editorial room of
the paper the other day and, after
he had told the editor in language
more forcible than elegant, what his
private opinion OF the Jewish Daily
News was, he threatened to kill the
editor and set fire to the plant. After
his visitor had left, the editor lost no
time In hunting up police magis-
trate, to whom he told his story and
from whom he obtained warrant.
Armed with that paper the editor
started to search for the disgruntled
reader and after he had located him
he caused his arrest. Magistrate
Kernochan, before whom the prisoner
was brought, severely lectured the
man, but finally dismissed him with
the warning to keep away from the
newspaper sanctum in the future.
There are many times" said the
magistrate, when / am not pleased
with things in the newspapers, but
don't run along Park Row and threat
en- to burn up every newspaper plant.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30
First and Final

Marriage License
Leo A. Haycock, Porter township,
Delaware county, section hand, and
Edythe Myrtle Swartwood, Center
burg.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-08-30

full grown daughter along on their
wedding trip. That was done the
other, day, however, by married
couple in New Providence, N. j.,
when they went on their somewhat
belated honeymoon Journey to Wat
kins Glen. When the two were mar
ried thirty years ago, circumstances
did not permit them to make the pro-
posed wedding journey to Watkins
Glen. They postponed their trip and
thirty years elapsed before they were
able to carry out their program.
Omaha daily bee., 1910-01-08

to exercise due diligence in quoting the APP
plicable legal rate, and would thus afford
the shipper a reasonable measure of pro-
lection, while not opening the way to col
fusion and the giving the rebates or other
unfair discrimination
Omaha daily bee., 1910-01-08

"Of course. every carrier affected by an
order of the commission has a constitu-
tional right to appeal to a federal court
to protect 1t from the enforcement of an
order which 1t shows to be prime facie
co~nfiscatory or unjustly discriminatory in
its effect; and as this application may be
made to a court in any district of the
United States, not only does delay result
in the enforcement Of the order, but great
uncertainty is caused by contrar!ety OF
decision.
The questions presented by these APP
plications are too often technical in their
character and require a knowledge OF the
business and the mastery of a great
volume Of conflicting evidence which Is
tedious to examine and troublesome TO
comprehend. 1t would not be proper to at
tempt to deprive any corporation of the
right to the review by a court of any order
or decree which, II undlsturbed, would
rob it OF q reasonable return upon Its
investment or would subject it to bur-
dens which would unjustly discriminate
| against It and in favor of other carriers
similarly situated. What is, however, of
supreme Importance is hat the decision
Of such questions shall be as speedy as
the nature Of the circumstances will admit,
and that a uniformity Of decision be Sc
cured, so as to bring about an effective,
systematic and scientific enforcement Of
the law, rather than conflicting
decisions and uncertainty of final result.
FRvOrs Court of
For this purpose l recommend the es-
Enlistment OF n court Of the United
States composed of five judges designated
for such purpose from among the circuit
judges OF the United States, to be known
as the United States court of commerce,
which court shall be clothed with exclusive
original jurisdiction over the following
classes of cases:
Il. All cases for the enforcement, other
wise than by adjudication and collection
OF a forfeiture or penalty, or by inflictior
Of criminal punishment, OF an order OF the
Interstate Commerce Commission Other
than for the payment OF money.
20. All cases brought to enjoin, set aside
annul or suspend any order or requirement
OF the Interstate Commerce Commission.
%. All such cases as under section 3 Of
Of the act OF February IS, 1905. known a.
the 'Elkins act are authorized to be main
tanned in a circuit court OF the UniteC
States.
"a All such mandamus proceedings a.
under the provision OF section 20 or section
% OF the interstste law ar,
authorized to be maintained in a circui
court OF the United States.
Reasons precisely analogous to thos
which induced the congress to create Tn
court Of customs appeals by the provision
in the tariff act CT August 3. 1903, may b
urged in support Of the creation OF tn
commerce court.
Additional Circuit Judges.
I'm order to provide a sufficient numbe
Of judges TO enable this court to be con
stituted. II will be necessary to authOItz
Omaha daily bee., 1910-01-08

the appointment of five additional circuit
ment, might be distributed to those cir
cats where there is at the present time
the largest volume of business, such as the
Second, Third, Fourth, Seventh and Eighth
circuits.
The act should empower the chief JUS
tice at any time when the business of the
court of does not require the
services of all the judges to reassign the
judges designated to that court to the cir
cults to which they respectively belong;
and 1t hould also provide for payment to
such judges while sitting by assignment
in the court OF commerce of such add
tional amount as Is necessary to bring
their annual compensation up to $40, 900.
The regular sessions OF such court should
be held at the capital, but 1t should be
empowered 10 hold sessions in different
parts Of the United States If found desir-
able; and It's orders and Judgments should
be made final, subject only to review by
the supreme court Of the United States
! with the provision that the operation OF
the decree appealed from shall not be
stayed unless the supreme court shall SO
order.
Restraining orders After Hearing.
THE court should be en-
powered in its discretion to restrain or sus-
pend the operation of an order of the
interstate commerce commission under re-
view pending the final hearing and deter
mination of the proceeding, but no such
restraining order should be made except
upon notice and after hearing, unless in
cases where irreparable damage would
otherwise ensue to the petitioner. A judge
OF that court might be empowered to allow
a stay OF the commissions order for a
period of not more than sixty days, but
pending application to the court for its
order or injunction, then only where his
order shall contain a specific finding based
upon evidence submitted to the judge
making the order and Identified by refer
ence thereto. that such ~irreparable damage
would result TO the petitioner, specifying
the nature OF the damage.
Under the existing law, the Interstate
Commerce Commission in itself initiates
and defends litigation in the courts for thu
enforcement or In the defense of its ORDER
and DEGREES, and for this purpose It EN-
ployes attorneys who, while subject to tn,
control Of the attorney general, act unde
the initiative and under the instruction
Of the commission. This blending Of ad
ministrative, legislative and judicial func
lions tends, In my opinion, 70 impair tn
efficiency OF the commission by clothin.
II with partisan characteristics and rob
bling It OF the impartial judicial attitud
II should occupy In passing upon question
submitted to 1t. In my opinion all litiga
ton affecting the government should b
under the direct control OF the Department
OF Justice and l therefore recommend tina
all proceedings affecting orders and de
crees OF the Interstate Commerce Commits
sion be brought by or against the Unite
States Flo nomine, and be placed in charg
Omaha daily bee., 1910-01-08

of an assistant attorney general acting
under the direction Of the attorney gem
eral.
Pooling Rate Agreements.
1.-The subject of agreements between car
riers with respect to rates has been often
discussed in congress-. Pooling arrange
ments and agreements were condemned by
the general sentiment of the people and,
under the Sherman antitrust law, any
agreement between carriers operating in
restraint of interstate or international
trade or commerce would be unlawful.
The republican platform of 1906 expressed
the belief that the interstate commerce
law should be further amended. SO as to
give the railroads the right to make and
publish traffic agreements subject to the
approval of the commission, but maintain
ing always the principle OF competition be-
tween naturally competing lines and avoid
ing the common control OF such lines by
any means whatsoever.
I'm view OF the complete control over
rate making and other practices of inter
state carriers established by the act OF
congress and as recommended in this COM
munication, 1 SEQ no reason why agree
ments between carriers subject to the act
PNNAAg MS NiV SAoSolAANoAAgAAo VI AlNlblA
and the rates, and charges for transpor-
tation of passengers and freight which
they may agree to establish, should not
be permitted, provided copies of such
agreements be promptly filed with the com
mission, but subject to all provisions OF the
interstate commerce act and subject to the
right OF any parties to such agreement
to cancel It as to all or any Of the agreed
rates, fares, charges, or classifications by
thirty days notice in writing to the other
parties and to the commission.
Carriers to quote Legal Rate.
Much complaint is made by shippers
over the state of the law under which they
are held bound to know the legal rate APP
plicable to any proposed shipment, without,
as a matter of fact, having any certain
means of actually ascertaining such rate.
1t has been suggested that TO meet this
grievance carriers should be required, upon
application by a shipper, TO quote the legaI
rate in writing. and that the shipper should
be protected in acting upon the rate thus
quoted; but the objection 10 this suggestion
is that it would afford a much too easy
method Of giving to favored shippers un
reasonable preferences and rebates.
II think that the law should provide tina
a carrier. upon written request by an in
tending shipper, should quote in writing
the rate or charge applicable to the pro
posed shipment under any schedules o
tariffs to which the carrier is a party, an,
hat II the party making such reques
suffer damage in consequence OF either re
fusal or omission TO quote the proper rate
or in consequence Of a misstatement OF tn
! rate. the carrier shall be liable 10 a penalt
In some reasonable amount, say $3.50, I
accrue to the United States and to be re
covered in a civil action brought by tn
appropriate district attorney. Such a per
, atty would compel the agent Of the carrie
Omaha daily bee., 1910-01-08

such routes as he may designate for that
purpose, subject, however, in the exercise
of this right, to such reasonable regulations
as the Interstate Commerce commission
may prescribe.
Control of Competing Lines.
The republican platform of 1908 declared
in favor of amending the Interstate Com
merce law, but 80 as always to maintain
the principle Of competition between ma
turally competing lines, and avoiding the
common control of such lines by any means
whatsoever. One OF the most potent means
Of exercising such interest has been
through the holding Of stock Of one rail-
road company by another company owning
a competing line. This condition has grown
up under express legislative power conferred
by the laws of many other states and to at
tempt now to suddenly reverse that policy,
so far as It affects the ownership of stocks
heretofore so acquired, would be to in
fict a g~rievous injury, not only upon
the corporations affected, but upon a
large body of the MISUNDERSTANDING pub
lie. l, however, recommend that the law
shall be amended so as to provide from
and after the date OF it's passage, no rail-
road company subject to the interstate
commerce act shall directly or indirectly,
acquire any interests Of any kind In capt.
tai stock, or shall purchase or lease any
railroad or any other corporation which
completes with It, respecting business to
which the interstate act applies.
But especially for the protection Of the
minority stockholders in securing to them
the best market for their stock I recon-
mend that such prohibition be coupled with
a proviso that it shall not operate to pre-
vent apV COrnoration uJbfcb NJ the dafc
Of the passage Of such act, shall own not
less than one-half Of the entire stock is
sued and outstanding capital stock OF any
other railroad company, from acquiring
all or the remainder Of such stock. or to
prohibit any railroad company which at
the date Of the enactment of the law is
operating a railroad OF any other corpora
ton under lease, executed for a term Of
not less than twenty-five years, from ac-
curing the reversionary ownership Of the
demised railroad; but that such provisions
shall not operate to authorize or validate
the acquisition. through stock ownership
or otherwise, OF a competing line or inter
est therein in violation of the antitrust or
any other law.
Overissue of stocks.
The republican platform Of 1908 further
declares in favor of such national legisla-
ton and supervision as will prevent the
future overissue OF stocks and bonds by
interstate carriers, and In order to carry
out its provisions, | recommend the enact
ment Of a law providing that no railroad
corporation subject to the interstate com
merce act shall hereafter for any purpose
connected with or relating to any part OF
It's business governed by said act. issue any
capital stock without previous or slmultane-
GUS aymen TO IL OF not less than the ma
value Of such stock, or any bonds or other
obligations Except notes maturing not more
nContInned ON Page TwelveN
Omaha daily bee., 1910-01-08

to exercise due diligence in quoting the ap-
plicable legal rate, and would thus afford
the shipper a reasonable measure of pro-
lection, while not opening the way to col
fusion and the giving the rebates or other
unfair discrimination
Initiative by Commission
Under the existing law the commission
can only act with respect to an alleged ex-
cessive rate or unduly discriminatory prac-
tice by a carrier on a complaint made by
some Individual affected thereby. l see no
reason why the commission should not be
authorized to act on it's own initiative as
well as upon the complaint of ar Individual
in investigating the fairness of any exist
ing rate or practice, and 1 recommend the
amendment of the law to so provide; and
also that the commission shall be fully en-
powered, beyond any question, to pass
upon the classiflcations Of commodities
for purposes of fixing rates. in like manner
as 1t may now do with respect to the maxi
mum rate applicable to any transportation
Under the existing law the commission
may not investigate an increase In rates
until after it shall have become effective
and although one or more carriers may
file with the commission a proposed in
crease in rates or change in classifications
or other alterations OF the existing rates
or cla-ssifications, to become effective at
the. expiration OF thirty days from such
! filing, no proceeding can be taken to in
vestigate the reasonablness Of such pro-
posed changes until after 1t becomes OPP
%erative. on the other hand, II the COM
mission shall make an order finding that
an existing rate is excessive and directing
A - - .al.,na Tho 90 ppiaR nffanfah may
by proceedings in the courts, stay the
operation Of slch order of reduction for
months and even years.
Action Before Effective Date.
1T has, therefore peen suggested that
the commission should be empowered when.
ever a proposed increase in rates is filed
at once to enter upon al Investigation OF
the reasonableness of the increase and to
make an order postponing the effective
date OF such increase until after sucf
investigation shall be completed. To this
much objection has been made on the par
Of carriers. They contend hat this woulc
be, in effect, to take from the owners OF
the railroads the management Of theil
properties, and to clothe the Interstate
Commerce commission with the origina
rate making power-a policy which wa
much discussed at the time of the passage
OF the Hepburn act In 1866, and whici
was then, and has always been distinct!
rejected; and in reply 10 the suggestion
that they are able by resorting to tn
courts 70 stay the taking effect OF tn
order of the commission until its reason
ableness shall have been Investigated b.
the courts, whereas the people are de
prived Of any such remedy with respect I
action by the carriers, they point 20 IN
provision Of the interstate commerce &C
providing for restitution TO the shipper
by carriers OF excessive rates charged 1
cases where the order OF the commission re