davidaulloa/AmericanStories huggingface dataset:
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-26
MOTION FILED AND ARGUED BY
coMpANY's ATTORNEY BE.
FORE JUDGE BRADSHAW.
COURT WILL HEAR ClTYS
ANSWER LATE THIS WEEK
Case Is Taken From Local Court and
Transferred to ToIedo-Company's
Motion Alleges That Ordinances of
tie City Regulating Telephone Com
pany's Franchise Are Void.

Seeking 70 have the temporary in
junction dissolved, which the city Sc
cured against the Marshall Telephone
/ Company restraining it from enforcing
the new and higher rates put into eff
/ feet in June. an attorney representing
the company tiled motion to lift the
/ injunction III Judge Bradshaws court
at Toledo saturday afternoon and
Al gued il.
Judge Bradshaw made no ruling. He
indicated that he would give City So
AcI.or r Z. Uorthup until the latter
( part OF the week to file his answer and
/ n.shs his argument.
Alleges Ordinances Are Void
/ II was the claim of the telephone
compaay's attorney, as presented in
4 the motion 10 have the injunction dis
solved that the city's ordinances We're
void The grist of their motion is that
the ordinance Of 1885 is void because at
mat date no city had ever been au-
/ thoriz-d by the legislature TO grant
! Franchise 10 telephone companies The
I legislature itself had authorized any
company or individual to occupy the
streets and alleys Of any city. sub
! ject only 10 the right Of the city 10 reg
ula,e the setting OF the poles and the
strnging OF the wires.
That in place of the city granting to
the tele phone company any right i;
undertook to !uAit the right of the
company - twenty-five years. The
right given the company by the leg
slature was unlimited.
II was also claimed by the company's
attorney that the ordinance OF 1910
vas void because the legislature had
never delegated its right TO the city
council TO fix rates TO be charged for
telephone service.
City's Attorney Not There
City Solicitor f. E. Northup was not
present in the Toledo court when the
motion was filed and argued He said
this morning that he was given but one
DAYS notice Of the fling OF the motion.
the local district court it was impossi-
be fol him TO be in Toledo. He. took
the case up with Judge Bradshaw over
the telephone. and the court agreed to
gi.e him few days TO prepare an an
sWer whicf he would hear the latter
\ part Of this week
/ The case was taken out of the local
courl few weeks ago, when a motion
( 10 have 1t taken to some other court
which was fled by the company's at
torney. was sustained by Judge Parker
The basis Of this motion was thar
Judge Parker. because OF being a. pa
iron OF the telephone company. was
subjected 70 the increased rates and
1Eas therefore an Interested party.
New-York tribune., 1910-11-11
ROSEMHEIMER CASE AGAIN
Grand Jury May Indict Him 1or
Violating Callan Law.

The grand iIrv will consider next week
the second charge which has been hanging
over the head of Edward T RosenhelrneI
since August IS last when MISS Irdc0
Hough was killed in the collision bet"een
his automobile and the buggy IN Whlch she
was riding on Pelham Parkway. 1t relates
to Rosenheimer's failure 10 return to the
scene Of the accident or TO report MS h4iue
and address to the police The nrst chaIse
on which ne was indicted was murder IN the
first degree. of which he was acquitted
week ago.
grand Jury probably on next Tuesday
Should an Indictment be reported, Rosen-
heimer will bs placed on trial during the
November term in the Criminal Branch Of
the Supreme Court He will be prosecuted
in all probability by Assistant District At
torney Maynard. who conducted the prose-
Cution in the last trial
The penalty for the offence Is 800 fne or
two years in states prison or both The
so-calied "Callan law" which defines II,
went into effect on August last
Should Rosenheimer be indicted, the evi-
dence given by himself at his trial on the
murder indictment will be used against
him by the prosecution. In fact, If is ac-
knowledged that but for Rosenheimer's own
evidence there would have been no chance
of making out d case against him under
this new law
New-York tribune., 1910-11-11
HORSES PLUNGE INTO RIVER
Dash Across Broadway with b
Swaying Grocery Wagon.

team Of horses attached - q grocery
wagon. the driver being engaged IN a d.
livery ar No ia West Tqth street a. ths
time took fright last night a. a passing
automobile and dashed through the strsst
toward the Hudson. They ran out on the
pier AZ the foot Of 18th street and PLUNGED
overheard. one OF the animals went t1to
the river and the other landed II the hod
of 2. cos1 barge Neither was seriously bur
when dragged out
Traffic was heaviest a. the til1e OF ~
r11navav. and when the horses raced across
proadwsy thev narrowly missed crashing
into automobiles and cabs. They continued
on the wagon swayiuz dangerously. anc
finally struck the pier. As they n@arsd tns
end of the dock the stringDisce joiJed 'ns
wagon. breaking the shafts and throwing
the animals over the end.
One o. the horses was sus pended D. t0s
traces. between the barge and the pier me
other went over his head and dropped INTO
.bs sr1D+,- hold ~ the boat The police %
+ra West ssth street station managed 70
cr,+ the traces Of the first horse. and a1ts-
he ba6 dropped into the water ths~ lssscsd
tfr, and dragged him - the beach 81 Sd
s--,4+ The other animal vas taken from
4bs barge after a long struggle. vitn a
block and tackle
New-York tribune., 1910-11-11
MOTHER GETS BOY AGAIN |
Former Mrs. Mclaughlin " -"
TEMPORARY Custody Of Son.

Justice Aspinall, of the sup - Mr.
Brooklyn, decided YESTERDAY s.-.o,
Celia B Holt of No. q Hai''' ,b,.sicaI
should have temporarily the uS,,r s
custody of her son Michael McDaus u, ~ ~
nine years old. HIS father MlO',o. ,,.v see
Laughlin. a real estate opera'0' rnrs+
him every afternoon. and the
be produced in court when reou' - .t6
The father told the court he wa -.
that Mrs. Holt would kidnsp 1N ~.
again. Justice AspinaI warned nei -,
severe punishment that would foiio" -
q contempt of the courts oroei' =
question of the real custody VIII 'o'i'
on Tuesday. u,,,,,,.,
Mrs. Holt. who was Mr., Mcl-aus -, ,oo7
first wife, got q divorce from hln' Ii -
and then became the wife OF IT. IT,
P. Holt. Of Brooklyn. MI M' -S.a.,,.
asserted that she was TO have the cus'oI'
of their son only while she remained Ems 70
In June sIrs Holt kidnappeo ,i'o a..
from Albany. They were finally Eou'u :.
Baltimore. where Mr. Mclaughlin resdNi7U
the custody of the boy. Mrs Holt hau NJ
former husband arrested. and theiI Soi
again changed hands Later the idLlsi 81
him and now the mother has him.
New-York tribune., 1910-11-11
REQUESTS FOR MONEY BY 15TF
State Controller Tells of Provision of
Budget Law.

Albany. Nov. 10-State Controller VIII
Jams stated to-day that under the pro-
visions of the so-called budget law,
enacted by the last Legislature, November
Is will ne the last date on which depart
usnts and commissions Of the state gov
ernment and all other persons desiring
general or special appropriations may file
statements III detail Of moneys desired. to-
gether with the reasons therefor.
The requests will form the basis Of the
budget Of general and special approprle
tions TO be considered by the Legislature
Of 1911, which the law requires 10 be sub
mitted 70 the Governor on or before De
cember Is and TO the Legislature at the
beginning of it's session
BY this means the Governor and Leglsia
ture are 10 De aided from the beginning OF
their laEors in 1911 with a comprehensive
report from the State Controller showing
in detail the estimated requirements for
the operation Of each branch Of the state
government as well as for meeting outside
demands upon the treasury for the ensu-
ing year.
New-York tribune., 1910-11-11
FINGER PRINTS NEMESIS
Negro Burglar Sentenced to
Death on No Other Evidence.

Chicago, Nov. 1O.-Iarking what is said
TO be the first conviction on finger print
evidence in this country. Thomas Jennings,
a negro, was found guilty by jury to-day
Of the murder Of Clarence A. Hitler on the
night Of September 19 The jurors felt so
confident Of the guilt Of Jennings that the
first ballot resulted. in a unanimous vote
for conviction. with eleven OF the jurors
demanding the death penalty and one life
Imprisonment On the third ballot the
sentence OF death was made unanimous.
Counsel for Jennings asked for new
trial, on the ground that the finger print
evidence should not be allowed. AZ a re-
suit. it is probable that the Supreme Court
will be asked to rule on the use Of such
evidence in criminal cases.
Hitler, who was chief clerk in the Chicago
offices of the Rock Island Railroad. was
shot 10 death in the front hall Of his
suburban residence. at Washington Heights,
Ill. by a negro burglar. Hitler encountered
the burglar in an upper hall. The two
grappled and fought down a stairway 10
the first floor. During the struggle the
burglar left his finger prints on freshly
painted railing
The railing was sawed of and taken 10
detective headquarters, where photographs
were made of the finger prints in the paint.
These photographs were enlarged. Follow
ing jennings arrest, the impTints were
compared with new imprints Of his left
hand. made at the police bureau Of identi-
Ncariou
New-York tribune., 1910-11-11
AVIATION CHECKS HELD BACK
Allan A. Ryan's Illness Hinders
Aero Corporation Work.

Officers of the Aero Corporation. Limited.
met yesterday at No II Wall street 70 con
slider the financial affairs OF the Belmont
Park tournament A brief review showed
that the profits II any. would be small.
Owing TO the Illness OF Allan A Ryan.
Who vas business head OF the meet some
OF the bills payable will be permitted 10
wait a while. u Is stated that in most
cases Y. s. Battershall will IN the mean
time act for Mr.. Ryan. To facilitate mat
ters subcommittee was appointed TO bear
the burden or handling the larger items
The committee IL composed Of James A
Blair. jr.. chairman: i. L Gillespie. Mr..
Ryan or Mr.. Battershall and H g Brsytou.
II is said that many bills received are
fantastic in the matter OF prices charged
for ordinary labor and materials and that
In all such matters where his services may
be OF value Andrew Freedman has signi-
fed his willingness 10 cooperate Mr.
Freedman was active in the early organi-
zation Of the tournament and at present is
chairman os the executive COMMITTEES.
The prize winning avfators will be paid
OF November n Several American avta-
tors who. If they flew ar all. did so with
small regard to official expectations as 70
when. received checks yesterday that VIII
probably be their final remuneration. even
If in some cases the amounts were not 50
great as desired.
The men. besides the aviators. who made
the meet an artistic success whenever the
weather permitted were Allan A Ryan,
J g Mccoy and Byron r Newton
Nicholas Rttterberr. OF Perth AmDoy'
N T.. fell in his F'arman type machine ar
Garden city yesterday. His Farulan had
q few Ritterberm touches throughout and
was expected by the young man 70 act ali
the better on that account The trouble
came at the turn. when the machine fell.
smashing II 10 pieces. but only slightly
injUring Ritterberm.
New-York tribune., 1910-11-11
ROBS WHILE FIRE RACES
Daring Thief Makes Away with
Harnessmaker's S Savings.

\ daring thief made away with the
hoardings OF a lifetime belonging 70
AmilIo Albert. an Italian harnessmaker
al No. 2432 First avenue, during the excite
ment of d fire in an untenanted store next
door 10 the harness shop early last night.
When Mrs Lanzetta, the harness
makers daughter, was returning home she
saw a crowd OF people collecting in front
Of No. 243o. next door, and presently the
fire apparatus came changing up. Smoke
was issuing from the store adjoining her
fathers which pushcart pedlers use TO
store their carts Mrs. Lanzetta sent in
the alarm
She then collected the possessions OF the
family, consisting Of about $40 in cash and
about $3.50 worth Of jewelry, isto q pack
age which she tucked under her arm and
rushed into the street Seeing that the fire
was not likely 10 prove serious she left
the crush Of spectators. Soon after she
discovered that the package of money and
jeWelry had disappeared
New-York tribune., 1910-11-11
THE PURITAN UNDER FIRE
Armor Plate Test on Site OF the
Merrimac's Destruction.

Norfolk. Va, Nov. 10.-Iu order TO test
the resisting power Of armOr plate when 1t
comes in direct contact with high eX-
pIosives the monitor Puritan. which cost
8. 10000 more than ten years ago. will be
blown TO pieces in Norfolk Harbor next
Tuesday.
The Puritan, now At the Norfolk Navy
Yard will be toWed 10 Craney Island and
experts from the Navy Department will
place mines along her water-line These
will be connected by electric wires running
to the island and at the appointed time the
charges will be exploded.
The spot selected for the destruction Of
the Puritan is almost the identical place
where the Merrfmac, of Civil War fame,
was destroyed by Confederates to prevent
her falling into the hands of the Yankees.
Portland Me. Nov. 10.-The Maine naval
militia has been assured that the expert
ments on the monitor Puritan al Norfolk
will not destroy that vessel, but that what
ever damage is done viii be repaired and
the vessel turned over TO the organization
for use as c training ship, as promised
some -iT1C
New-York tribune., 1910-11-11
TAFT STAYED EXECUTION
Granted Respite for Sailor Five Min
utes Before Starting for Panama.

Washington, Nov. l0.-John Wynne, able
seaman, waiting in his cell IN d Honolulu
jail for the call Of the hangman on Decem-
Der !. can thank an energetic attorney in
the Department oI Justice for new lease
of life
President Taft. five minutes before he
took train TO start on his trip 10 Panama
yesterday. signed a respite OF thirty days
for the sailor. That will postpone Wynne s
execution to January .. and when the
President returns he Will consider an appl-
cation for pardon. now pending
Yesterday afternoon a respite was pre-
pared, and 10 sign II Attorney General
Wickersham postponed an engagement and
James A. Finch, the attorney in charge OF
pardons. took II personally to the White
House where President Taft granted the
stav fivc minutes before departing on his
long trip.
Wynne was convicted Of the murder %
an officer on the oil ship Rosecrans. in
Honolulu hsrbor. in 1907.
New-York tribune., 1910-11-11
AGED PAIR GETS GIFT OF GOLD
German Veteran and Wife Celebrate
Fifty Years Of Married Life.

Count and Mrs. Armand 2. Stsiuach ceie-
brsted their golden wedding az their home
on Davis avenue, White Plains. yesterday.
and among the presents they received was
purse of gold which was given ~ the
employees in the different Offices in the
Westchester County Court House.
Count Stainach. who served with distIuc-
tfon in the Prussian war and was richly
rewarded for his brave work. was an inter
prefer in the White PIaine courts for thirty
five years. He speaks six languages. For
the last two years he has been confined to
his home BY rheumatism. lie is ninety-fve
years old
The couple we're married fifty years ago
by the Rev. Or. ShrOns, at the German
Lutheran Church in this city. few years
later they moved TO White Plains and have
lived there ever since
New-York tribune., 1910-11-11
ooLLAPsEs IN SUBWAY TRAIN
Preacher Stricken as Train Pulls Out
of Grand Central Station.

David Burg6orfer nifty years old. q
preacher living at No. 81 Suydam street.
brooklyn was taken suddenly in in a sub
vyav express train al Grand Central Station
Yesterday afternoon while on his way home
from uptown. Mr. Burgdorfer collapsed as
the train was pulling out OF the station, and
z conductor shouted 10 one Of the special
officers on the platform TO telephone Tor an
ambulance to meet the train az the Brook
lvn Bridge
Dr. Nesson from the Hudson Street Hos
ptal VA waiting a. the bridge with an
ambulance when the train pulled in and
the preacher was carried 10 IL by some Of
the station employees. II was said last night
that his condition was not serious.
New-York tribune., 1910-11-11
BUMPER CROP YEAR
Production 81 Per Cent Larger than
Five-Year Average.

Washington. Nov bumper crops, led
f,v corn with the greatest harvest ever
gathered. were produced by the farmers Of
the United States during this year In q
general review al crop conditions issued to-
day. the Bureau % Statistics OF the De
nartment of Agriculture says.
Tho hsrvests Of 1910 have been srac-
ticaIy competed. with results exceeding
thu expectations during the growing period
Preliminary estimates have been made Of
tho production u most Of the important
Crops from which II appears that the az
RreRate production of crops in 1910 are
approximately T.6 per cent greater than the
crops OF 1909, and about 81 per cent
greater Than the average annual production
- the preceding ne years, Prices Tor
important crops averaged on November 1
about o. per cent lower than e year ago
New-York tribune., 1910-11-11
GIGANTIC WOOL HOUSE
Boston Firms VIII Be Able 10 Store
Third of Country's S Clip.

Boston. Nov 10.-The leasing Of the larg-
est wool house in the country, if not in the
world. by number of local firms. was an
nounced to-day. The big house, which VIII
have capacity Of 100000 pounds, will
be situated close TO both steamship and
railroad lines II will he rebuilt 70 meet
the demands OF the lessees. and IT is said
will be capable OF housing one-third Of the
entire wool clip OF the country. About
50 per cent Of the wool sold in the United
States is marketed in Boston
New-York tribune., 1910-11-11
MINUTE MEN MEMORIAL
President Taft Approves Of Marking
Birthplace Of American Liberty.

Lexington. Mass, Nov. 1o.-A committee
n the lexington Minute Men to-day
made public q letter from President Taft
commenting the project Of the minute men
10 erect d memorial armory TO mark the
battlefield Of Lexington as the birthplace
of American liberty" The letter from
P-eSidc-t Taft was in part as follows
]. seems 10 me that the erection Of such
q memorial VIII he most appropriate am
daauf,- Interested IN The work and nope Tor
r. Til-ir,.are success and that you viii sue
,,eed IN raising q fund large enough 10
build a suitabl. aTmoTy, not only as a
r7erlo-ia. but one that will be useful 10 tie
stat. ae well.
Mrs Taft heade the list NJ patronesses
Il a winter carnival TO he held here in
Januar-- In the interest Of the armory fund.
New-York tribune., 1910-11-11
City % Fiu4rt t-e Petition,

a copy ri the petition and order was
larar served on Corporation counsel
Watson. IN which William NJ. Barrett.
p president and stockholder Of the
Adams Express Company, appeared as
petitioner. Dr.. Watson said he would
Rppesr for the city in court to-day and
contest the application for preliminary
injunction v-ich was asked for il the
petition.
This matter involves the question as
80 whether the Adams company is i'm
Tnune from the operation Of the city
ordinance said Mr Watson. SO far
- ] know this question relating to ex-
press companies has never been raised
before and. OF course, the city viii con
test ii~
Tho uetftiou states that the Adams
company has Tor fifty years been en-
gagged as p common carrier Of express
matter and is under contract with the
government to transmit money between
Washington ana New York city. As a
common carrier il is subject 10 the act
- Congress. approved Februar- T. 1857.
an act 10 regulate commerce The code
O. ordinances of this city provides for
licensing drivers and wagons which may
- desi snated as pu5lic express. the
Teetifion states.
In the conduct cf the business of the
Adams company. the petition continues.
7be wagons collect from shippers in the
rit- express matter without discrimina
1lor ~ distinction bttween domestic and
interstate shipments n IT. impractica ble
- segregate domestic from iutersta te
snfprrents and file petitioner SAYS that
for many years an arrangement has eX-
New-York tribune., 1910-11-11
ST. LAWRENCE STEAMER ASHORE

Ogdensburs, y. y. Nov. 10-The steamer
Rosedale, with fun cargo OF flour for
Montreal went ashore to-day on the Cana
dian side II the st Lawrence River. below
here. Tugs went to her assistance. The
low water is causing all steamers 10 carry
loads below then normal capacity
New-York tribune., 1910-11-11
CHILDREN PERIsHED IN FIRE
Excited Mother Used Gasolsue In Mis-
take for Water 20 Extinguish Blaze

Stoninrton. Me. Nov. fo.-MIstakinS saso-
Ieue n a pan for water. Mrs. Edward
Wood dashed the liquid over small 0lazs
I'm the kitchen in her home to-day and Tn
the explosion which followed her siz-year-
old son and fOUr-year-old daushts-
perished Mrs Wood was 50 seriously
burned that recovery is doubtful
New-York tribune., 1910-11-11

;s-ad between the express companies
and the license bureau by which the
connanies took out q certain number OF
licenses for It's wagons and drivers en-
Gagged in domestic business, and that
the company has always stood ready TO
conform TO the ordinances so far as they
relate 10 city business
But your petitioner alleges that the
ordinances do not apply to the COM
many. its wagons and drivers engaged in
in interstate transportation Of packages
nsrcels or. money within and through the
CITY Of New York" the petition states.
The estimated value Of the company s
city business is given in the petition as
s. 600 a day.
The companies issued statement yes
te-day morning in which they contended
that it had heretofore been the city
uniform position that the ordinance was
invalid as to wagons engaged in inter
state commerce. at least since George
I. Rives. former Corporation Counsel
wrote an official opinion te that effect
several years ago. The companies de-
ClaTaQ Tnaf the efIoTl 10 COAALCcA ~
validity OF the ordinance was not being
made 10 avoid the little payments de-
manded. but because the prompt pro-
curement Of the neeAed licenses was i'm
possible. II was said that the question
would probably be thTashed out in the
courts whether the old men returned to
work or not.
Licenses were granted yesterday for
80 wagons ~ the American Express
Company and thirty for wagons Of the
National Express Company About l'u
applicants for expressmen's licenses ap-
reared ST the license bureau in the City
Hall Yesterday. Each applicant was
asked 10 answer a long list Of questions
as TO his antecedents and whether he
was 2 professional strike breaker or hao
ever been convicted of criminal Of
fence Two citizens are required 10 IN
dorse each application. The applca-
tions were withheld pending consid-
Grafton OF the mems answers and a quiz
cf the indorsers.
New-York tribune., 1910-11-11
ANoTHeR AVIATOR INJURED.

Mouscron. Belgium. Nov. 10-Peters. ar
aeronaut fell while making a flight to-ds,
and was critically injured
New-York tribune., 1910-11-11
Strike Spreads 70 the Drivers.

The strike spread yesterday TO the
chaufeurs and conductors on the Fifth
avenue buses and about 200 drivers
NJ the Curtis -BlaisdeH Coal Company.
Several drivers Of the Horton Ice Cream
Company in Harlem also joined the
strikers. None Of these companies al
tempted 10 send out any Of their rolling
stock during the day.
Rioting and attacks on the express
company wagons continued during the
dav. nut there were not as many as the
day before. The police found deserted
wagon Of the Adams Express Company
on 67th street between Park and Lex
ington avenue, loaded with bundles
which had been opened and despoiled OF
part OF their contents A wagon be
/ longing 20 the United States Express
Coupanv was found deserted on Avenue
4. The men on the wagons had been at
tackled and frightened away.
There was a lively encounter between
four men on an Adams wagon and a
crowd Of strikers at Seventh avenue and
4Sth street yesterday afternoon. The
strike bree kers were getting the worst OF
/ it. and would have been pulled from the
wagon into the hands OF the crowd i
the reserves from the West 47th street
station had not arrived and charged the
strikers with their night sticks. The
crowd fought the police for some time.
/ and there were many battered heads and
/ five prisoners taken as result Of the
/ vio-