davidaulloa/AmericanStories huggingface dataset:
Evening star., 1911-05-29
Railroad Company Loses Case
in Supreme Court.
is HELD CONSTITUTIONAL
TrGinmen Not to Remain on Duty
Above Sixteen Hours.
CoMMIssI0NS POWER UPHELD
Court Unanimous In Opinion An
nounced by Justice Hughes
This Morning.

The 'hours or service law for railroad
employees" passed by Congress in 1907.
was upheld today as constitutional by
the Supreme Court Of the United States.
This decision was announced by Justice
Hughes In the test suit instituted by
the Baltimore and Ohio Railroad Com
pany.
The decision Of the court was unani-
nous.
Justice Hughes said that the words
Of the statute were plain: that only
persons engaged in interstate commerce
and interstate carriers were affected
by the statute. In this particular. he
said, 1t differed from the employers
liability law OF 1906.
Because the interstate employees some-
times engage in intrastate business did
not defeat the law, he added.
Authority L. Ample.
As to the authority Of the interstate
commerce commission to issue the order
putting the law into effect, the Justice
said that the entire question OF authority
had been settled by legislation in 1910.
The justice found no other objection to
the order or to the law itself.
Tho act made 1t unlawful for any COM
mon carrier engaged In interstate COM
merce to permit any tratnman subject TO
the act to remain on duty for longer Pc
riod than sixteen consecutive hours, or
any telegraph operator more than nine
or thirteen hours. according to the time
the telegraph station was opened Tor
business. The act also created perloos
OF rest for the employees.
The Baltimore and Ohio company at
tackled the law as unconstitutional on the
ground that 1t applied to intrastate as
| well as to interstate railroads and en-
ployes The order by which the inter-
state commerce commission placed the
| law into operation was attacked also.
Attacked as Unconstitutional.
The railroad claimed that Congress could
not and did not attempt to delegate to
the commission the power to require re-
ports OF violation Of the law; that the
lsbor and expense. necessary to make
the reports constituted q taking OF the
railroads. property Without due process OF
| law and therefore In yiolation OF the Con-
stitution. ana that It compelled seaf-tn-
crimination by officers and employees OF
the railroad, also in violation OF the Con-
stitution.
The objections to the law were met with
denials by the government. Both the
law itself and the order drafted py the
| interstate commerce commission were
upheld as constitutional by the CIRCUIT
court OF the United States Tor the ois-
| trict OF Maryland. where the case orsa-
l tod
Evening star., 1911-05-29
Finding the Body.

Charles d. Little. watchman at the
harbor precinct station, who went to
the scene Of the accident this morning
Al = member Of the crew o6 the vigilant
to participate In the search. discovered
the body or Shepherds landing. just
As n Was brought to the surface by the
high tide.
TIA body the tug Rosa Lee whistled
= akfreet the attention OF the Grew
Evening star., 1911-05-29

The circuiation os The Star,
both daily and Sunday. Is g~,aier
by many Thousands shpa that of
any other Washington 1ewspaper
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
Government Agent Chief Wit
ness for Prosecution in Kelly
Company Case.
WATCHED IN RENTED ROOM
Liquor Establishment. Indicted
on llo Counts, Denies All
Wrongdoing.

Trial OF the case OF the United States
government agains: Phil c.. Kelly, In
corpora,ed. for alleged violations of
internal revenue laws. In that the de-
PENDANT company failed TO enter On
the forms prescribed by Ian certain
quantities of whiskey received from
the Darbyto"'n Dist!llery and other
sources. began In the United States
District Court, Judge Edmund Waddlll
Jr. presiding. in special session at II
o'clock yesterday. Judge l.. L. Lewis
and Ass:stan; District Attorney Tall
Icy represented the government, while
II. M Smith. Jr.. and George A. Han
sen represented the accused
The case involves e close point 81
law. The defense will hold that mas
much as tho wh!skey alleged TO have
been received was in quantities OF four
gallons each. the transaction was
strictly 4 retail one. ana does not come
under the provision of the statute re-
quiring entries to be made on spec.
fed forms. IL addition. Attorney Smith
stated In his opening address that he
would attempt TO prove that 1t was an
imposs!bility for any one to determine
whether whiskey or water was in the
Jugs referred TO. and that the fact that
n government special agent was on the
ground all OF the time was known to
the defendants.
10000 Gallons Involved.
The case at bar probably represents
the largest criminal procedure ever
instituted in the history OF the local
revenue department. Forty thousand
gallons OF whiskey are alleged TO have
been received BY the Kelly company
Illegally. On III counts OF the indict
ment 4; is alleged that the wh.skay
noted by the special agent. NJ. !. En-
right, was received for the greater part
in wagons bearing the name Of John
Thompson. rect;fier and wholesaler and
also largely interested IN the Darby
town Distillery, the place from which
at lenst by inference. the whiskey
started.
The Eve remaining counts of the In
dictment. there being ll9 counts In
all allege that the defendant failed to
properly enter the number of gallons
of whiskey rectifed or from where re-
ceived. Examination yesterday was
confined to the first III counts. and
Major Enright was the chief witness
for the government.
The prosecution Is being conduct Ell
under sections 331I and 331S OF the
internal revenue laws OF the United
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
This VIII Stop Your
Cough in a Hurry
Save 81 by Making This Cough
Syrup mt Home.

This recipe makes pint of better
rough syrup than you could buy ready
made for $3.50. a few doses usually
conquer the most obstinate cough
stops even whooping cough quickly.
Simple as 1t Is. no better remedy can
be had at any price.
Mix one pint of granu]ated sugar
with Il pint of warm water and stir
for minutes. Put Z ounces of Pinex
(ffty cents WORTHY In n pint bottle:
then add the Sugar Syrup. 1t has q
pleasant taste and lasts family a long
time. Take tcaspoonful every one.
two or three hours.
You can feel this take hold of q cough
In a way that means business. Has q
good tonic cffecr, braces up the appe-
lite and is slightly laxative, too. which
is helpful. a handy remedy for hoarse-
ness bronchitis, asthma and all throat
and lung troubles.
The effect of pine on the membranes
is well known. PineX is the moat val
liable concentrated compound OF Nor
wegian white pine extract, and 10 rich
in guaicol and all the natural heuling
nine elements. Other preparations will
not work in this formula.
This Pinex and Sugar Syrup recipe
has attained great popularity through
out the United States and Canada 1t
has often been initiated, though never
successfully.
guaranty OF absolute satisfaction.
or money promptly refunded, goes with
this recipe. Your druggist has Pinex
or will get It for you. If not, send to
The Pinex Co. Ft WAYNE. Ind
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11

though severely crosse examined by Mr..
Smith.
HIS testimony. In substance. follows:
Il am nov a SPECIAL accountant in
the Treasury Department OF tho United
States government but during the pc
Rod from August II. 1909. TO April l.,
1910. l was sent as a special agent
of the Internal Revenue Department to
lHchmond for the purpose of investi-
eating certain suspicious circum-
stances in connection with the whiskey
business conducted by the Phil G.
Kelly Company.
For the information of the Jury 1
have drawn a diagram of tho neigh
horhood In which the Kelly establish
ment is situated. (The diagram, drawn
on blackboard. was introduced and
explained by wItness.) rented a
room in rear of Robert 8. Christian &
Son. 14l1-1413 Davenport Lane. This
room was so located as to look r ght
into the rear of Kellys place The
window in tho room was covered with
cobwebs, and looked anything hut sus-
picious With peep-hole cut in the
window ] could easily see all that
went on In the place across the alley
and could hear conversations. 1t was
but nineteen feet from where was
to the store
Il occupied that room about August
is. 1909. and never left. with tho ex-
ception OF about a month, from Octo-
Der 25, to November rs 1909. until
April ! 1t was my duty then to watch
the several loads of whiskey delivered
at the rear OF tho place across the
alley. 1 was at first particularly struck
by the celebrity with which the wagons
were unloaded and the suspicious man
ner in which every one acted"
Witness then proceeded TO verify
the several counts in the indictment
and was still occupying the witness
chair when court adjourned at 1870 p.
NJ. for dinner.
Told About Jugs.
At 3 o'clock court reconvened. and
I Major Enright continued on through
the remaining 100 counts. telling tho
exact number OF loads delivered each
day. the number of jugs In each load,
and the quantity OF whiskey contained
in each jug.
He told of what he regarded as
peculiar circumstances. especially that
when the government inspectors were
around taking inventory no whiskey
was received by Kelly in the two
wagons-one white topped and tho
other black topped, and bearing The
sign of John Thompson. His testimony
was given from memoranda made from
i'pSSs Ahhtii huiiiS iiiS lbnG NlSll, anu
Mr.. Smith noted objection to the tcs-
timony thus given.
AT the conclusion of the direct tes-
timony witness was rossexamned by
Attorney Smith.
II want TO see the records from
which your testimony was given" said
MIR. Smith.
Gave Him the Records
Upon request made to the court the
recor-s were given him. After close
scrutiny, the attorney declared that in
not one instance was the word whis-
key used, as referring to the several
loads of jugs received by the Kelly
Company.
why didn't you say whislecy in your
report?"
Because thought the persons 10
whom the report was made would I'M
derstand." witness replied.
But you didn't say whiskey. Now,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11

as matter OF fact do YOU really know
that there was whiskey in those jugs?"
az do"
How do you know?"
81 smelled It,"
You mean TO tell the Jury and the
court that with whlskey oeing rectI-
fed and bottled In the place, and with
the windows open. you could detect
that the odor of whiskey was not from
the store instead OF the jugs?"
Il do
Vow, isn't It fact that you smelled
whiskey all of the time?"
II suppose I did. There was always
moro or less odor OF whiskey. but
corks drawn and the jugs placed back
In the wagon, the odor was particular
perccptible"
Question OF Capacity.
There is another question I want to
ask: How did you know that the Jugs
contained four gallons. admitting that
they did contain whiskey? How did
ti)led or wholly filled, or whether they
contained two gallons or one gallon
or four gallons?"
by the way they were handled"
You swear that the jugs were full,
and yet you never looked in them.
never saw the contents measured. never
weighed them nor ever gagged them?
ITO the best of my knowledge and
belief. swear they were full"
Counsel continued to question wit
ness along these lines. but he stuck 10
his original story. 1t was tho evident
desire OF counsel to show that the
witness was not positive rs to the
number of gallons contained In tho
jugs. nor OF what kind OF fluid was in
them.
At this iuncture. 5:l5 o'clock. Judge
Waddill announced that court would
adjourn until to-day at 1890 o'clock.
at which time the cross examination OF
Major Enright will be continued.
Counsel for the defense was granted
the privilege of examining the records
from which Major Enright refreshcd
his memory.
The striking feature OF the witness
testimony was that when the revenue
officers were in the building no jugs
were received but as soon as they loft
the wagons reappeared. Several ex-
ceptions were noted by the defense
during the hearing. There are several
witnesses yet to be called for the gov
erunlCnt
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
Weights OF Cotton.

New Orleans. La, January lo.-sec-
retary Hester. OF the New Orleans Cot
ton Exchange. has just issued state
ments of weights of G,5sl.oS6 bales OF
cotton. handled at outports and across
the mississippi. Ohio and Potomac
Rivers overland TO American manu-
facturnrs outside of the cotton belt
during tie months or September TO
December inclusive, showing an aver
age portable OF 5l6 $1,000 against
30 46-loo pounds for the same period
last year.
Detailed averages arc:
TEXAS ports, go 2S-ioo, against
5la $4,000 last year.
5l9 69I0o last year
Alabama rnrts a2s s1-1oo against
OLE $500 last year
Georgia ports. sol $4,000. against sos
ia5 las: yenr.
North Carolina ports, 1872 $1,000.
against t97 last year
year.
Tennessee, etc. $50 ss-1oo. against
al3 $1,000 last year
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11

city pay rolls and salaries pending
the adoption Of the annual budget.
Approving award OF contract made
u y. w MAYNARD & Co, for 1921 for
cleaning out New Reservoir.
Appropriating $50 to ray the cx-
penses OF Alderman Don Leavy as a
representative OF tho Committee on
Grounds and Buildings in attending a
fairgrounds convention i'm Baltimore
January II, II and IL
ordinance regulating the placing of
enclosures around section. IN city
cemeteries.
Appropriatins so,541.43 to the sink
ing fund commission for redemption
OF per cent. city bonds, falling due
January !. the balance now In sinking
fund sufficient TO acquire the entire is
sue.
Resolution directing the Grounds
ana Buildings Committee to INQUIRE
INTO the advisability Of adding two or
three stories TO the city Hall. and re-
port approximate cost OF such addi-
ton.
instruetins the City Attorney TO ac
quire BY gift. purchase or condcmna-
,ion the lot bounded by Eleventh,
twelfth. Broad and Capitol Streets. for
n'uhieipal purposes. 10 report the cost
tctoie any conclusive action is taken
Crump Sole Arbitrator.
INC BOARD also approved joint
resolution naming Judge Beverly T.
trump as sole arbitrator between the
city and tho Virginia Railway and
rover Company In the matter OF Joint
use OF poles. Chairman Adams. OF tho
street Committee. said that such a
thinE had never before happened in
the history OF arbitration between a
elty and n corporation; the city named
Judge Crump ms Its representative on
board OF ihree--thc company came
IN ana accepted him as the sole arbi.
traitor. and his appointment was con
Cured in.
The ordinance closing the alley in
rear OF Stumpfs Hotel. at Eighth
street. near Main. TO the extent of
seventeen inches. the new hotel ,uild-
Ing encroaching that much. was re-
committed at the request OF adjoining
property owners who desire to be
heard before the street Committee
resolution allowing S752.oo TO
j. smith & Co. Was concurred in after
II had been explained that the contract
was awarded for constructing sewer
In East Cary Street. AT so much per
linear foot: that it had not been anti
cipated that any rock would be en-
ooantered and that large ledge Of
ROCK was removed at great expense
Mr.. Rennolds wanted TO know IL that
was not the contractors risk MIR.
Adams replied that there was no legal
obligation on the CITY, but that as a
matter of equity the claim should be
paid and tho resolution was concurred
In.
More smooth Paving.
The Committee on Streets reported
q resolution providing for smooth pay
ms on Monument Avenue and Nest
Grace Street. 10 cost $4,000 which
went to the Finance Committees
On recommendation of the Commit
tee on Electricity the Board adopted
a resolution transferring from the
Committee on Light TO the Committee
on Electricity all existing contracts
as TO electric street lighting
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
SHOT TO DEATH ny HIS WIFE.
Negro Killed in Iollnnd-WfIey Hail
Pleads Guilty.

Especial TO The Times Dispatoh.1
Suffolk, Va. January l0.-In the
hamlet of Holland to-day Newttr
Whitehead. colored. thirty -four years
old, was shot to death by his wife,
Lucinda Whitehead. single charge
OF gunshot disembowele the victim
and the end came soon. The fatal Sc
quel Is believed to have originated with
Jealousy. The wife was having a vio-
lent argument with Ada Harris. a
rival when the husband seemed to
side with Ada. a pistol and shotgun
were In play. but the former was not
fred. The woman claimed the shoot
Ing was accidental, and she was ex-
onerated this afternoon at an investi-
cation conducted by Mayor Luke and
Justice Joyner.
Wiley Hall an aged merchant OF Hol-
land. to-day in the Nansemond Circuit
Court pleaded guilty to the charge OF
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
Club May Duild New Homo.
Tsp ecia1 to The T,mes.Disn,+oh

lSpeclal to The Times-Dispatch.1
norfolk. Va January 1O.--There III
some likelihood that the present site
OF the Virginia Club, Norfolks famous
club home, may be sold and now To-
cation. farther away from tho hum OF
business, selected. The plan Is favored
by President f. H. Hobbs Mr.. Hobba
Is working to this end. and the new
site will probably be somewhere In
the neighborhood OF CRANKY and Frso-
mason Streets. but OFF the former street
square or two.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
NIilton-FIo,,nders.

lSpecial 20 The Times Dispatch.l
Winchester. Va, January 10.--The
John Henry Milton, son OF tho late
John Milton. OF Winchester. and Miss
Mabel Irene Founders, daughter OF
Henry Floundcrs. OF phiia6olphia
which was solemnized January 5 in
Tabernacle Baptist Church, Phliadei-
phia, whero they will reside.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
CITY GIn1. WEEDS FARMER.
Young People Suddenly Make Decision
to I5loDe to Bristol.
Especial to The Times Dispa tch.

Bristol. Va. January 10-Miss lille
\, Hilton. pretty young girl from
the suburbs OF New York City. who
came to Carroll county recently TO
visit relatives. having fallen suddenly
In love with James Kyle Beasley. a
young farmer of Hiilsville that county,
eloped with him to-day. and the two
were married Mt the Bristol Gretna
Green, Rev. Alfred II. Burroughs Off
ciating. The bridegroom. proud of his
prizc. Will wire her parents begging
their forgiveness. as they knew moth
ing, of the. purpose OF their daughter
to be married.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
! Less
Expense
! More
Worth

running blind tiger. Hall said his
wife. indicted Jointly with him. also
was guilty. She was too Ill to b.
brought Into court. Judge McLemore
held that Hall was not authorized to
enter plea of guilty for the wife.
and sentence on each was suspended
until Saturday
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
FORMALLY AMOUNTED.
Engagement of Misc Vivian Gould to
Lord DccIes.

New York. January 10-Mr. and Mrs.
George j. Gould have formally an
nonnced the engagement OF their
daughter. Vivian. to Lard Decies The
nounced' by cable from London a few
weeks ago. Lord Decies will arrive In
this city on Thursday. The date for
the wedding has not yet been set
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
REPORT OF corroN G1sNEp.
Figures for 1910 show i1,os7.do. 1n,as
Compared with O,NiI.321 fnr Inn0

!, Washington, January 1o.-Cotton OF
IN growth of 1910 ginned prior to
the Bureau of the Census. issued Mt 10
o'clock this morning, was 11,OST,463
oales, compared with 9.647,3oT from
or 1908. The percentage OF the last
tt"o crops ginned to January / was %.
!oE 1909. and 95.S for 1905
Round bales included this wear are
1Oo,2o6 compared with l43,o39 for 1909
and .3o.512 for 1905. Sen Island bales
INCLUDED are s2,42a for 1910 as a against
S9.6ll for 1902 and S6.5oS for 1ans
Tic ginning by States follows: -
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
EnInrEe OnIS,Yond cemcterx

f. Authorizing the City Attorney TO ac-
pulrc by gift, purchase or condemnation
certain tracts nf real estate belonging
70 H. p. Fcitig. Jacob Feitig, Adam
Fcitis. Adam II. Noldc and James Cot
man. for enlargement of Oakwood Gem
rtery.
Authorizing the City Auditor 10 pay
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-11
LIABILITIES.
RESOURCES.

Capital stock paid in. :. =.
surplus fund -.
Undivided profits. less ex-
penseS and taxes paid. i.
National bank notes out
The Detroit times., 1911-05-17
BATES ST. BUILDING is
WRECKED BY EXPLOSION

to the street In their night clothing
and were given shelter in neighboring
buildings until the fire was extinguish-
ed. when they were able TO return to
their quarters.
Lieut. Walpole, on night duty at po-
lice headquarters, was the first officer
10 reach the scene. His first thought
was OF the imperilled occupants OF the
building and needless of his own dan
ger, he dashed up the smoke-filled
stairway. He hurried from room to
room, assisting the tenants TO the
exits When he saw that everybody
was safely 10 the street, he returned.
He walked about 20 feet from the
scene of the fire. eFllow officers saw
him stagger and hold forth his hands
as II to steady himself Sergt. Harry
Kinney ran TO the aid of his stricken
comrade, but before he could get to
the lieutenant he had fallen TO the
walk Officers carried him tendenly to
police headquarters and medical aid
was summoned But II was too late.
He passed away in the station where
he had served faithfully for Is years.
Only a week ago he had celebrated the
twenty-Hfth anniversary of his service
with the department
Capt. Baker was much affected by
Lieut.. Walpole's death.
II knew him intimately for Is
years" said the captain. He was
a thorough officer and a thorough
gentleman. No man in the depart
ment was better acquainted with the
sub-normal conditions OF this city. He
was a great instrument OF reform and
many young girl he has saved from
going wrong. Henry made them for
get they were talking to an officer.
He talked to them like father. His
loss is severe blow to the depart
ment. 1t is impossible to replace
men of his type"
The lieutenant was "a years old
! and unmarried
Over-exertion is pronounced the
cause of his death. His body is now
| at the undertaking rooms OF p.
Blake's Sons, Nos. 1917 Abbott-st
The Detroit times., 1911-05-17
JoRBING PRICES.

Canned Good.-Apples. gals. y2.75;
baked beans, lib. 500 zoe; Lima beans,
81 q 80 Corn: Fancy Maine, $40;
standard. Shc. Table beets, $L25gl.40
Peas Fancy, early June, ,l.s5; stand
ard. 81. soaked. 50u70c. Salmon
Soekeye. tall. S2.lO; hat. S225: Alaska
reds. 81. 80. Alaska pinks. sl25, Toma-
toes, souN succotash, sl4l.lO per
doz
Conee-Packet coffee. l00-lb case
slS.I5a 22.50 delivered.
Feed-Bran. s21; fine middlings. SIS:
coarse middiings. s2e cracked corn.
S22, coarse cornmeal s22; corn and
oats chop $50 pei ton
Fiour-Mtchigan patents, in wood.
best $3.50 ordinary patents, $3.50.
straight, si.65, clear, S4.25 per bbl Rye
flour. $445 per bbl
OIL = Raw linseed. s3c; boiled lin
seed SEC, Diamond headlight kero-
sene. SC, Perfection, Sc. Eocene,
lOl7c. crown gasoline. 12hc gal; tur-
pentine, in barrel lots 6se gal.
ProNisions-Aess pork, $3.50. fam
lily, $3.50 a $50. medium, clear, sl6Y
IL; smoked hams, 100 lac. dry
salted briskets, ga u l0c, shoulders,
lolze picnic hams. sac; bacon. l+-s q
lShe, lard In tierces, sac kettle
Sugar--Corrected daily by W IL.
Edgar AZ Son. Cry dominoes. 2-lb..
$3.50: 5-lb., $3.50, Eagle tablets, IS IS.
cut loaf. ss.25; cubes. $3.50 MINK
powdered. 50 40, standard powdered.
$685.. graduated extra coarse. s535.
fine. in bulk, 1925 In 25-lb cotton
bags. $500 Michigan granuiated, s5l5.
household powdered 5-lb. cartons, is
70 case. 50. lib. cartons - TO case,
$3.50; diamond A. $685. confectioners
a. $500 No |. IS IS No 2 IS % No 8
$500; No. l. S. 10 No 5, 500; No. s.
50 05; No IS; No. s. $+95. No. y. 81 go
( No 10, $40; No. II. s4To; No. Is. s47i
! per 100 lbs