davidaulloa/AmericanStories huggingface dataset:
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

fulfill the purposes for which their
charters were granted, yet, railroads,
IKE other owners of property, have
rights protected by the constitution"
lie held their property could not be
taken without compensation, as he
said the law proposed to do, in re-
curing the railroads to build switches
to the elevators.
Justice White, in announcing the
opinion in the Arkansas case spoke of
the right of the railroads ito sail UNI
der the flag of the constitution" ra-
Their than the black flag. In using this
language in the announcement of the
opinion, Justice White was referring
to the decision of the Arkansas su-
preme court, which discussed the
fact that the st. Louis Southwestern
railway was unable to furnish more
cars for local traffic because of the
requirements of the American Rail
way association as to cars going out
of the state of Arkansas. The Ar
kansas court had said lit might be
better for the appellant to suffer these
ills than to sail under q black flag and
refuse to send it's cars beyond its
line
, In written opinion. the rights of the
railroads were phrased somewhat diff
ferently from what they were in the
oral explanation of the court.
Among other decisions the court up
held the act of Arkansas prohibiting
drumming up of business by physi-
clans and hotel keepers on trains. An
Cd thing about the sitting was the
announcement as to the decision of
the court of an opinion written by the
late Justice Brewer.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

jurisdiction over the subject matter.
If we are to create a court of
commerce, | would give it exclusive
jurisdiction over this class OF cases,
except that it would so limit the
power of the court as to prohibit it
from interfering with the enforce
ment of an express and positive
statute of a state until within rea-
sonable time after such statute goes
into effect. with a specific provision
that in case a suit is commenced in
a state court to enforce the statute
within a specified time after its en-
actment, the jurisdiction of the court
of commerce shall not obtain until the
suit brought in the state has been fin
ally disposed of by the courts of such
state"
Mr.. Crawford presented an amend
ment carrying these suggestions into
effect and another looking to such a
modification of the commodities clause
Of the Hepburn law as would make
that provision conform to the deciS-
ion of the supreme court, which held
that it does not prohibit a railroad
company from transporting interstate
commerce articles mined, produced or
owned by a bonafide corporation in
which such railroad company is q
stakeholder.
Mr.. Crawford declared his hearty
approval of the sections of the bill
requiring shippers to supply written
statements of rates: authorizing the
interstate commerce commission to
begin proceedings upon it's initiative,
and requiring detailed reports by
common carriers.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
Usefulness Gone
Conger Passes Out

ALBANY, April 4.-Rising to ques-
ton of personal privilege In the senate
ton 'ght. Senator Ben Conger, after
reading statement in which he de-
clared he fully realized that, as a re-
suit of the Aids bribery charges his
usefulness as a legislator was at an
end, handed his resignation to Lieu
tenant Governor White, a duplicate OF
which he later filed with the secretary
of state
With ashen face and trembling hand
he read While his fellow senators lis
tened with intense interest and when
he had finished he sent his resignation
to the desk and quickly left the cham
Der
Mr.. Conger read how at private
conference where the qualifications of
ex-senator Aids for the position of
republican leader of the senate were
being considered, he was asked to de-
clare his pos ton, and Il replied that
/ would not and could not vote for
him"
Corcer then related how later ex-
Senator Aids on the floor of the SER
late denied the truth of COnger's state
ments and demanded an investigation
80" he added, 1.-The alternative was
presented to me of becoming liar and
thereby materially injuring myself. 81
financially, politically and socially and
bringing upon my family undesirable
notoriety and sorrow. | determined
that the only thing l could do and re-
tain my own self respect was to speak
the truth whatever the cost. That
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

have done, and forty of your number
by your votes have certified thereto.
ask you or others to excuse the part
which | took in the trans action of 1901
which you have under investigation.
my brother was that he had submit
ted to the demand of the worst gang
of plunderers that ever infested this
or any other capital. My wrong, and
for it l have always been ashamed
and sincerely sorry, was in standing
by and permitting the thing to be done,
instead of then and there denouncing
it,
Il am informed some of your mem
bers profess to feel they cannot re-
main in the senate if / am to be here.
Il have no desire to remain q mem
Der of this great legislative body if
my presence is to give Offense to any
of it's members. / realize and from
the beginning have fully realized, that
with feeling here as it is, my usefulness
to my district as a member of this leg
islature is at an end. l cannot af-
ford the expense of a further hearing
and another trial and l feel l ought
not to impose the expense thereof
on the state. Needed legislation ought
not to be longer delayed and so l am
going voluntarily to surrender my
Office
Senator Cobb's resolution providing
for the appointment of committee
to prepare charges against Conger is
vitiated by his resignation.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
SLAYDEN WOULD FIND OUT
Congressman Wants to Know If Army
Officers Draw Two Salaries

WASHINGTON, April 4-The
charge that commanding officers of
the United States army for months
have been and now are serving as of
f1cers in the army of Cuba and draw
salaries from the Cuban government
lin violation of law, is contained in a
resolution introduced in the house to-
day by Representative Slayden. dem
ocrat of Texas. member of the COM
mittee on military affairs. The officers
al eyed to be connected with the Cuban
army are Captain Frank Parker, 18th
cavalry; Captain G. G.. Galley, third
artillery. and Captain Philip S. Colder
man of the coast artillery corps. 1t
is asserted that they are receiving
from $3.50 to 5000 a month each from
the government of Cuba in addition to
their regular pay as officers of the
United States army
Mr.. Slayden'S resolution calls upon
the secretary Of war to furnish inform
alton in connection with these officers
and show whether they are receiving
pay from the Cuban government, and
under what circumstances they were
Gedailcd for service on the island.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
Cummings Sees
Only a Joke

WASHINGTON, April 4-Declar-
ing no less than two weeks will be
necessary to consider the amendments
already offered to the railroad bill,
Senator Cummins today resisted the
efforts of Senators Hale and Elkins
to obtain an agreement to vote on the
bill next Saturday. The Iowa senator
not only objected to the proposition
but he pronounced it joke.
Senator Bacon made it evident if no
one else objected he would do so. He
contended the managers of the bill
were not justified in asking for an
agreement looking to vote until they
are able to present a perfected bill.
Mr.. Elkins brought up the question
of vote after the close of a speech
by Senator Crawford advocating the
amending the amendation to the COM
merce court provision of the bill.
don want to hurry senator's, =
said Mr.. Elkins. but we all want to
get away from here by the 18th of
June. [ therefore urged the senators
desiring to speak on the bill or amend
ments to prepare themselves to do so
and give us an opportunity to vote
Cummins Sees Humor.
Mr.. CumminS regarded Mr.. Elkins'
request as not only amiable but jocu-
lar. There were mole than a hum
area amendments to be considered, he
said. and no less than fortnight
would be necessary for this alone. He
suggested as a substitute. that not
less than three hours a day be de-
voted to the consideration of the bill
and amendments until disposed OF.
Mr.. Bacon would not consent
Senators say the bill has been here
six weeks he said. 1T is not here
yet. Amendments have been offered
today which none have seen, and we
receive no assurance as to when the
bill viii be completed
Today's amendments are not of a
kind that surprise senator's respond
ed Mr. Hale. We don't know" re-
piled Mr.. Bacon I'VE haven't seen
them.
Mr.. Cummins brought the discus
sion to an end by presenting an
amendment striking out the provision
authorizing the provision in ad-
vance of agreements to the court of
commerce. The senate then went In
to executive session
Action was taken today by the
house to insure prompt consideration
of the railroad bill in that body. All
the parliamentary privileges were al
lowed to the measure that pertain to
safi
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
Railroads are
Given Rights

WASHINGTON, April 4-Empha
sizing the rights of railroads, the SUI
preme court of the United States to-
day declared unconstitutional the law
of Nebraska requiring railroads to
build switches to all grain elevators
along their tracks upon request, and
called a halt on the attempt of the
state of Arkansas to penalize an inter-
state railroad for failure to supply
cars enough to accommodate inter-
state traffic.
The constitutionality of the Ne
braska statute was first attacked in
the courts of, Nebraska. The law
was passed as a result of agitation
against the alleged combination in
the state between grain dealers and
the owners of elevators to control the
price Of grain
Shortly after the passage of the
law, farmers in the vicinity of Man
ley, Neb., little town of 200 inhab-
itants, dissatisfied with the price Of
fered by the owners of the two ele-
vators on the Missouri Pacific right
of-wav. constructed their own ele-
vator, but the railroad officials re-
fused to give them switching facili-
ties. as required by the act of 1905.
The state tnereupon brought action
to recover the penalty imposed by the
statute. Judgment for $500 was
awarded the state. From this an APP
peal was taken to the supreme court.
Justice Holmes, in announcing the
opinion of the supreme court, held the
law unconstitutional.
However he said. it was agreed the
law had been amended so as to give
the railroads compensation for taking
Of their property. He had looked at
the statute as amended and found this
was so. vet. as the case before the
court originated before these amend
ments became effective, the decision
of the Nebraska courts must be re-
versed. without prejudice to the cases
arising under the law as amended.
In announcing the opinion in Ne
braska case Justice Holmes assert
ed although the state possessed GER
tain police powers and railroads must
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

fered b.. Mr.. Mann and adopted by the
house, the debate on the railroad bill
will be limited strictly to matters ger
name to that measure.
Mr.. Mann, who is chairman of the
interstate and foreign commerce COM
mite, announced that he would en-
deavor to bring up the measure as
soon as the naval bill is disposed of
In explaining the position of the
minority of the committee on inter-
state and foreign commerce, Mr.
Adamson, of Georgia, said no objec-
ton would be made by him to the
proposed course, but he declared his
opposition to the bill was agreed to
by the majority of the committee
While We of the minority he
said, do not intend to vote for the
bill, yet we do not wish to act as OBJ
structiOnists to it,
Presenting a number of amend
ments to the railroad bill. Senator
Crawford of South Dakota today adj
dressed the senate on that measure.
He found in the measure many
provisions which he endorsed, but
urged numerous changes in others.
The proposed court of commerce. he
thought. would find little to do if its
jurisdiction was limited as at pres
ent proposed.
Il think. however" ne said that
if the bill were so amended as to
give the proposed court exclusive
original jurisdiction to hear all cases
brought into the courts of the United
States, to set aside, annu or suspend
orders made by the boards of railroad
commissioners of the several states
on the ground that they are confis-
catory, there would be sufficient bust
ness to justify it and make it a use
full branch of the judiciary.
Many cases of great Importance are
now brought in the circuit court of
the United States to enjoin the en-
forcement of statutes of states and
to annul orders made by state boards
of railroad commissioners. fixing
maximum rates for intra- state tariff
I am informed by the attorney gem
eral of South Dakota that over 20
cases are bending against that state
and it's officers in the circuit court
of the United States to enjoin the
enforcement of statutes and to annul
orders claimed to be confiscatory in
similar character. l understand, are
pending in the federal court in other
states
"Unseemly and disgraceful scram-
bles occur in a mad race between
the contending parties when one side
attempts to invoke the aid OF the
state courts to enforce the statute OF
the state, while the other attempts
to invoke the aid of a federal court
to enjoin such forcement-prlorltv
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
Operators May now
ACCede to Demands

PITTSBURG, April 4.-Presldent
Francis Feehan of district No. 5, UNI
ted Mine Workers of America, said to-
night the conference today with oper-
ators of the Pittsburg ulstrlct was
SATISFACTORY and although no definite
action was taken, it appeared likely
that the operators would grant de
mands for five cents ton wage in
crease and would adjust the powder
situation
The operators asked for a few days
to consider the miners propositions
and nending another conference the
strike of 10000 miners continues, but
peaceably and without much apprecla-
Die effort upon other industries.
President Thomas L. Lewis of the
United Mine Workers of America, IN
speaking Of the general situation to-
night, said:
"The mining situation gives no one
cause for alarm There is every likli-
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
J. H. Timmons, Transfer
AmuSementS
The eiiou Grand Theater Tonight.

"The Sultan" which opens at ihe
pi;ou Grand tonight, promises to De
grand success. j. Y. Lewis anu
COMPANY arrived Sunday affr SIN
weeks engagement in Spokane an
hove been rehearsing twice day anu
promise the best for tonight MISS De-
Ia Romig the clever male lmpersoia'o'
will sing her latest eastern su'eee'
FROM, tho musical comedy The Litiie
R.rken We'll All Do what
Carlvna and La Petite Ruin VIII ~
seem for the first time on TINS co's' -
+beir pleasing dancing medley WHICH
promises to be the leading lea'ui
the evening.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

hood that the ocking, the basic as
trlct of Ohio, will be signed up tomor-
row at Columbus. Every other sec
ton in that state will then follow
in rapid succession with the possible
exception of Eastern Ohio, and Cokes-
vile, where there may be some delay
in arranging the details of the wage
contract
In my opinion, the situation IN
Western Pennsylvania will be cleared
up long before the end of April. This
will assist materially in getting Cen
trail Pennsylvania Strengthened out If
they have rot in the meantime reached
an agreement. The KanaWha district
OF West Virginia and Western Ken
lucky. soon will be settled. This is
also true Of the bituminous districts
of Indiana. Michigan and Iowa From
the very start OF negotiations I have
not been in any way alarmed over the
situation"
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
TWO GIRLS ARE BADLY BURNED.
One Falls Into Boiling Water and
Others Clothes are Set on Fire.

PORTLAND, Ore. April 1.-Two
little girls in widely separated parts
of this city died today as the result
of burns.
yerna Brugger. the 3 year old child
of a baker, while playing in her ia
theirs bakeshop. fell into ten gallon
kettle filled with boiling lard. Brus-
DER and his wife quickly removed the
little one from the kettle but she had
suffered injury from which she died in
horrible agony two hours later.
Elsie Castrew, years old, and a
number of other small children were
pIaying about pile of burning rub
bish yesterday. One of the children
pulled can from the pile and ming
II with the burning embers. tied a
string to it and began swinging it
about his head. The sparks from the
can ignited the little girls clothes.
and she suffered burns which reSplted
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
.v..L.. Doodle Detective"

PLAYING the first meiooran no at
tho Ann Phillips company na sctors
tempted. this group Oh Sapao Doodle
last night gave Inc 81 st,,ff. too.
Detectlve, with more thrills than
oa,,,d he expected at the price ana 10
,,pa ito The audience went WHO WIZ m, ~
t me climaxes. For they were pu1 VIE
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
Walla Walld Passenger Train
Schedule
NnRTHERN PACIFIC r. r.

NORTHERN PACIFIC R. r.
Departure For Ttme
Pssco. Spokane. Seattle. Tacoma. Port
land $3.50 A. NJ. and Sis P. NJ
Dayton, Waitsburg, ..............
...... 1915 A. NJ. and SEQ p. M.
Eureka and Pleasant View, Sunday
only (Mixed) ..... 7:10 A. NJ.
arrivals From:
Seattle. Tacoma. Spokane. Portland,
and east 7:45 A. NJ, and SEQ p. M.
Dayton and Waitsburg .........
..... 500 A. NJ, and 4:45 P. NJ
Euras and Pleasant View. Sunday
o. R, n. R. L.
Byarures For Time
i1aa Perdleton, Echo, The DaIles,
la6 6S''i Pendleton and east 8 :oe r: N.
Dayton ....."......... s:15 A. M.
Prtland, wallula, Spokane. .1e rs A. NJ.
arrivals From:
Portland, gbe DalleS. Echo, Pendleton.
and Athena .............7 :o5 P. NJ.
East, Pendleton and Athena g rs A. NJ.
hrtland Wallala and Spokane 6:l5 A. n
layton and way points. g 40 Z. NJ
saiula and way points ....... s. :00 z. Al.
MOTOR CARO-. r. & ".
Arrive from Dayton and way :.
points ...............1 10 :55 A. M.
Leave for Dayton and way
pOnts ::.;..........-. 80 r. M.
NEUTRALITY-SUSPICIOUS.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

Duet" Estudiantina' ..........
Misses Bohannon, Diven.
Lovely Night - Rheinberger
Cub.
SOlO-(a) "One Fine Day. ...........
............... Madame Butterfly
(b) Spring ................ Henschel
florence Bohannon
Quartette-"Annie Laurie" .........
Dudley Buck
Mrs. Apply, Misses Paddock, Gwlnn,
Diven.
'Schneiders Band
Mems Club.
Tria-'A Bird in Hand" Roakal
Misses Frater. De Pledge, Pad
dock
SOio-(a) Bowl of Roses 49, Clark
DO Roses After Rain -. Lehman
Florence Bohannon
The Rosary" :. Nevin
Club
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

The Girls Glee club concert to be
given tonight in the College chapel
promises to be one of the best musi-
cal treats of the season. A splendid
program, one of which is sufficiently
varied to please everyone will be pre-
sented in bright, entertaining way by
sixteen college girls. Besides the un-
iversally fine ensemble numbers there
is to be a quartette, duet and a trio.
Miss Bohannon the soprano soloist, will
appear twice in two groups of interest
ing songs, and the mems club will
sing the rOllicking Mr.. Schneider's
Band
(a) Wellesley Composite. 49,. .GenZa
CD Old Black Joe Foster
Club.
Quartette-"De COppah Moon" .......
OBSERVATION-DISCLOSURES. Shelley
Misses Williams. Paddock GWinn,
DiVen.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

phase of the show was what the peo-
pie seemed to want, and a packed
house will greet the company tonight,
or many guesses will go wrong.
Several fatalities occurred during
the course of the evening. In fact so
many occurred that there was doubl-
ing of the parts to make the company
go round. All were killed in a nice,
artistic way, and the hero was on top,
always on top. The villain, as was
to be expected in a good melodrama,
lost out at the end, and his dying
curses mingled with the triumph of
the hero.
In the title role, Lee Tyrell was
good, better than any leading role
yet produced, and better than he has
appeared since his appearance in the
opening night. Miss Phillips as "Bess
Lea vas clever and as usual won the
hearts of the audience. The support
was good, and we'll balanced carrying
the play to a successful end 1t is
worth seeing.
At the Majestic
This popular vaudeville house Of
fers very good billing this week
in fact as good as any seen on the
vaudeville stage in this city in re-
cent engagements. The strongest act
the North" The comedy playlet is
staged by Jack Irwin, assisted by
Marian Swayne. Both are very clever.
A brief summary of the act is as
follows: Miss Swayne, who lives with
an uncle, is supposed to be an or
phan, her father being reported as
having been killed in Alaska. In real
ity the father and the uncle with which
she makes her home, robbed an ex-
press office in New York city and the
father was caught wifi the uncle es-
capes with all the money. The father
sa;1 ed a 13 year term in Sing Sing
and upon his release returns to his
former home, a hardened criminal, that
is in his talk and outside appearance.
He does not reveal his identity at first.
Irwin has the boWery talk down pat
and uses it to good advantage. This
is one of the best acts at the Majestic
for some time.
Tony Regini, a singing musician, is
good on the instruments he plays while
the jokes are good with one or two
possible exceptions. These two So
called puns are boarding on the vul-
gar class and fell fiat last night, but
with them eliminated his line is good.
Though Manager George intended
the Jack Irwin act as a headliner The
Leighs in their dainty musical and
Juggling act is a close second. These
two are beyond question the best jug
glers seen here and those who usually
do not take interest in such acts find
plenty to amuse themselves in this
wonderful exhibition.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
At the Arcade

Manager Clarence Crews has secur
ed q picture for Tuesday, Wednes
day and Thursday which he believes
viii prove as big a drawing card as
anv ever shown in the city 1t is
entitled "A Blu Fight in Mexico, ard
is the complete story in picture Of tie
triumph of the American who entered
the ring llIiarmed against a wild NeHi-
can bull and after seven minutes Ct
desperate battle, defeated the ANIMAL
The fight took pace before a crowd
of 25 600 people. The MeXicanS. when
they saw the American was winning
began to throw customs bottles, bricks
and in some instances even knives
at the hero on the arena. He was
not injured by the missiles however.
The picture shows all this.
1.-The Twisted Trail is a good dra-
matte picture as is 1.-The Captive.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05

y sdv.s offer that may mean
" ana mage to you may be hers
sone tomorrow, snapped
more watchful classified
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-04-05
Duf0c. One Cent per Word First
AuLco' Insertion. One-haJ Cent
per Word for Each Subsequent Insertion

q q q Fl 8 Il Il %:x* q q
New-York tribune., 1910-03-20
LAWYERS ADVICE FREE
L. ID. MAYES. LAWYER
GEORGE y. QVIotfN.
AOl NNIlIDK Nr INNN
OLD GOLD AND SILVER.

GOLD silver, platinum diamcnds rublss. sap-
PhHes pearls. emer4lis. pawn tickets VAl
e-oles bought Jshn Daley. CSC ON ava.