davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
rBy The Associated Prcss.l


Paris. July i.-Astonshment is the word
used in semi official circles to describe
French feelings over the action of Ger
many in sending n gunboat to Agadir,
Morocco. II is declared that the move Is
not in accord with the spirit either Of the
Algeciras act or the Franco-German agree
ment Of February, 1900, which recognized
Germany as having pre-eminent com
mercial rights in Morocco. but France as
having predominant political rights
II is pointed out that France is capable
Of maintaining order and protecting foreign
interests i'm Morocco. for which purpose
she dispatched an army TO Fee and
Mequinez.
1t is officially stated that Spain yesterday
assured the French government that she
had no intention Of extending her military
action in Morocco. and that Tetuan would
not be occupied by Spanish troops. 1t Is
believed that Spain and France viii arrive
AZ a complete understanding.
The Panther is ten-year-old gunooat,
with a speed OF 1872 knots She carries four
machine guns and ten il-inch and eight
22-inch pieces
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
BoURsE FIRM BUT DULL
Business Small on Paris Market
but Prices Are Well Held.

Paris. July There has been very
little business on the Paris Bourse TINS
week. French government bonos pesa"
TO show greater frmness after the dec
Iaration OF the new platform adopted
by the Caillaux Cabinet.
The Brazilian government per cent
loan. to be issued in Paris on July -
and the Argentine AZ per cent loan 10
be offered on July 6, both in 800 bonds'
are the popular features of the market
limited States Steels, are in strong de-
mand.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
AMERICAN PROBATION ENDORSED.

Paris. July AT the final session to-day
the International Congress for the EX-
tension Of the Movement for Juvenile
Courts adopted resolutions in favor Of the
system OF probation practised in Amer
can courts. Professor Charles r. Hender-
son. of the faculty Of theology at the Uni
versity OF Chicago. was elected American
member OF the permanent international
commission
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
PLAGUE SITUATION IN CHINA.

Annoy, China. July l.-sixty weight deaths
from bubonlc plagut and three from small.
pox were reported here during the two
weeks ended Yesterday. one death from
cholera occurred at Kulangsu Island. the
international settlement about one-third
Of a mile from this city. No other cases
OF cholera have been reported.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
DOMINION DAY CELEBRATED

Halifax. ~ 3. July 1.-The anniversary
OF the confederation Of the provinces OF
Canada was observed everywhere through
Business was suspended and long pro-
grsmmc OF sports. parades pcnics, fire.
works, etc. was carried ont in all tho
cities and large towns.
In Halifax the usual Dominion Day
salutes were fired and shipping was
dressed.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
eOsToNkANs GO SIGHTSEEING.

London. July 1.-The business men from
the Boston Chamber Of Commerce divided
into two parties to-day. those interested
visiting the great docks on the Thames
side. while the others spent the DAY In
Shakespeare country. The visitors will
lenve here for Paris tomorrow
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
SLIGHT FIRE ON THE CANADA.

Liverpool. July Fire was discovered
among the bedding in the cabins OF the
steamer Canada while the vessel was at
her dock here this afternoon. The blaze
was easily eXtinguished before any dam.
age OF consequence had been done.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
OLD CUBAN BUDGET IN FORCE.

IIayanna cuba, July l.-Congress falling
to approve the budget for the coming year,
prior 10 July !, the time prescribed by the
constitution. Pre'id' nj Gomez to-day issued
a decree placing IA torce the budget OF last
scar.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
The Political Outlook.

This is not likely to succeed however.
since the full force of the Liberal and
Irish coalition will be rallied after Sir
Edward Grey has defended the measure
in detail and the Prime Minister has re-
preached the Unionists for being treach-
erous imperialists in affronting the colo
NAL premiers Unless all signs fail the
Declaration bill will he carried after the
ministry has pledged itself to repair de-
fects in the phrasing Of two clauses,
notably i'm respect TO an ambiguous use
OF the words enemy" and base"
The results Of the progressive diplo-
macy which characterized the last Peace
Congress and the Naval Conference are
fairly safe. The immediate effects Of
the deadlock between the houses are
more doubtful. but II seems hardly cred
ible either that the peerage will be per-
manently discredited by the creation of
hundreds Of puppets or that general
election will he brought on prematurely
in the autumn. when the King has made
full preparations for attending the cor
onation durbar at Delhi.
The probabilities point TO the passage
Of the Parliament bill in its original form
when the Lords are convinced that the
prerogative of the crown is at the Prime
Minister'S disposal and that there has
Premier and King since the dissolution
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02

tBy Gable 10 The Tribune.
Paris, July 1.-The decision of the
German government 10 send the gunboat
Panther TO the Agadir roadstead for the
protection Of German subjects. COM
municated to-day in the most friendly
and courteous way by the German Am
bassador, Baron Schoen, to NJ. de Selves
the new Minister Of Foreign Affairs, Is
not altogether unexpected, and is re-
garded as an outcome of the complete
understanding that for the last six
months has existed between Berlin and
Madrid concerning Morocco.
Whether this action of Germany is
contrary to the Algeciras convention is
a matter OF discussion. The French re-
ply TO the German communication viii
be in accordance with the views held by
the governments Of England and Rus
STA. the policy Of the Caillaux Cabinet
being 10 act in strict observance of the
Algeciras convention.
This intervention Of Germany under
pretext of protection Of German subjects
causes no little uneasness especially as
the notification was accomplished with
an intimation that marines would prob
ably be landed but in the best informed
circles here confidence is expressed that
it will not cause any serious tension be-
tween France and Germany although It
crops up at an unfortunate moment
when the popular feeling of the students
in the Latin Quarter is excited against
Germany. owing to the recent dissolution
by the Strasburg faculty OF the Alsace-
Lorraine Students League for having
declared its sympathy and affiliation
with the students of the University Of
Paris.
In fact. in certain quarters this Ger
man intervention is felt to DE a sort Of
indirect reply of Germany to last sun
days manifestation Of Paris students
against the GeAnan university authori-
ties in Alsace- Lorraine.
A French gunboat will probably be
sent TO the Agadir roadstead in company
with the German gunboat
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
GERMAN TROOPS LAND
AT PORT OF MOROCCO
Kaiser's Ambassador Informs
France That Gunboat Has
Been Sent to Agadir.
HINTERLAND TO BE OCCUPIED
Berlin Believed To Be Acting in
Concert with Madrid-Paris
Students Increase the
Public Anxiety.

Tangier, July 1.-The German Minister
here has notified the Moorish govern
ment that Germany has decided to &C
cupy Agadir and the Hinterland
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02

of the last Parliament, at the enc vi
1910.
The King and Queen have arrived az
Windsor to-day, after passing 'hroue'
Elton. There will be a brief respite io'
them from the ceremonals OF the "s'
exhausting fortnight and by the eho VI
the week they will be heading for ire
land on the royal yacht
\ chapter Of the knights of ST Patrick
has been decided upon as one OF the
events Of the short Dublin circuit. ana
the investiture for coronation honors mas
b,on reserved for Thursday, July 49, ana
will be one of the largest ceremoniais Oh
This kind ever known Functions con-
rec,ed with orders of knlghthood have
become brilliant spectacles during 'he
new reign.
Americans were conspicuous by thei'
absence during the coronation fete' ou'
are now swaming the metropolis rfVih
the highways and byways of the prov
inces. They will be in great force TOT
celebrating their own holiday next week.
Invitations for the reception at DOT
chester House on Tuesday Will exceed all
previous records, ana at the American
dinner will be a large assembage, with
the Ambassador as chairman.
There will also be special reception
for the members OF the international
Congress of Naval Architects next week
at Dorchester House. The Ambassador
has borne the strain of the coronation
festivities remarkably well, and is now
in excellent health.
Special Embassy a Success.
John HAYS Hammond and Mrs. Ham,
mond are giving a large evening party
,ext week. The Special Embassy has
been conducted with dignity and eff
ciency. Mr.. Hammond has been revealed
as man Of force and an effective speak
or. and Mrs Hammond as a graceful
hostess.
Chauncey Depew will start for Paris
tomorrow with his son, after placing
the Pilgrims under obligation for a most
enjoyable speech.
Robert Underwood Johnson, editor OF
"Tho Century Magazine" is renewing
acquaintance with literary celebrities
here. and has been intensely interested
in the Thackcray exhibition at the
Charterhouse.
DR.. Felix Adler and DR.. Charles East
man will be among the American speak
ers at the approaching Universal Races
Congress.
The departure of Sir Wilfrid Laurier
and the other Colonial statesmen TO-
day is a reminder that the round oil
Inequalities connected with the Imperial
Conference has ended
The encampments Of the troops IN the
parks have been broken up and Loncoh
is settling down to its usual midsummer
conditions The polo match between
Lords and Commons at Ranelagh and d
few garden parties at Ascot and else
where are the principal diversions to-
day
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02

Berlin, July 1.-The German gunboat
Panther has been ordered to Agadir. a
fortified seaport on the southwestern
coast of Morocco. near Mogador.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
Uneasiness Among Radicals.

This inflated talk in the Hobbies or Par
lament and in the political clubs has
caused uneasiness among the Radicals.
They will not be entirely treasured until
the Prime Minister declares formally
that he is in possession Of the royal
guarantees. although they have pro-
fessed absolute faith on that subject
since Christmas Mr.. Asquith, Of course,
cannot say this without betrayng the
sovereign's confidence. and consequently
the political game of blind mans buff
must be kept up for another fortnight.
Meanwhile, the motion Of the Chancel-
Tor of the Exchequer for closuring the
committee stage of the national insur-
ance bill by compartments has caused
intense irritation among Labor members
as we'll as among Unionists.
Another cause for discomfort in the
ranks of the Radicals has been stimu-
lated by the widespread rumor that the
payment Of salaries to members Of the
House Of Commons will be deferred to
more convenient season.
A single week has elapsed since the
coronation. and political partisanship is
hotter and more envenomed than ever.
A determined effort is being made to de-
feat the legislative proposals embodying
the agreement reached by the Deciara-
ton Of London, despite the sanction ac-
corded to that declaration by the
colonial premiers.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02

Madrid. July 1.-The Spanish govern
ment specifically denies that it intends
rocco. Wazan is sacred town Of Mo-
rocco, about fifty-five miles from Fez
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-02
BITTER PARTY POLITICS
AFTER ROYAL FESTIVAL
Premiums Against General Elec-
ton Within the Year Rise
Sharply at lloyds.
TORIES IN CONFIDENT MOOD
Certain Lords in Touch with
Court Say Openly That King
George Is Unwilling to
Create Puppet Peers.
fRy Gable 70 The Tribune

London, July 1.--Intrigues Of emb!;-
tered partisans have followed rapidly
upon the coronation rejoicings. Pre-
miums for insurance against the risks
of a general election have advanced
sharply at Lloyds This fact would be
more significant If the atmosphere there
were not surcharged with conservatism.
To such a degree is this true that no BIDS
are being entertained for insurance
against the succession of Lloyd George
TO the Premiership before the end OF the
year.
Apart from the activity prevailing at
Lloyds there has been sudden access
of confidence among Tory zealots in both
houses of Parliament. The boldness
with which the Parliament bill has been
amended in its committee stage is not Il
decisive sign Of a revival Of any fight
ing spirit among the Lords. since the
notifications may be intended for the
purpose Of drawing the government into
q conference or defining the course which
the Unionists will take when they return
TO power.
What is more important is the loud
talk of certain peers in touch with the
court about the Kings unwillingness to
create puppets and his eagerness for
compromise. 1t has inlamed the zeal OF
partisans, who are now assuming that
the King has never committed himseif
without reserve 10 the creation Of peers
as an emergency measure and that
dissolution of Parliament in the early
autumn may enable the Unionists TO re-
turn to power as defenders Of the crown,
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-27
TESTED AND PROVEN.
There Is Heap Of SOlace in Being
Able to Depend Upon a Well.
Earned Reputation.

For months Salem readers have
seen the constant expression of praise
for Doan's Kidney Pills, and read
about the good work they have done
in this locality. Not another remedy
ever produced such convincing proof
of merit.
c. W. Hill, 1917 s. Commercial
street, Salem, Oregon, says. "Doan's
Kidney Pills are by no means a new
remedy to me, as l have used them
off and on for years. have always
enjoyed fairly good health and about
the only thing that has made me mis-
erable has been kidney complaint and
backache. l finally got Doan's Kid
ney Pills at DR.. Stones Drug Store
and their use entirely cured me. I
am firm believer in the merit of
this remedy and am pleased to recon-
mend it whenever an opportunity oc-
ours.
The above statement was given
January 81, 1906 and was confirmed
on November %, 1909, by Mr.. Hill.
He said: "Since Doan's Kidney Pills
cured me of kidney and bladder COM
plant, have had no return attack"
For sale by all dealers. Price so
cents. Foster-Milburn Co., Buffalo,
New York, sole agents for the United
States.
Remember the name-Doan's-
faka no other
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-27

is pleaded, and the pleadings in this
case having been pruned Of this de-
fense defendants had no right to Of
fer testimony in regard to It and
such as was offered was excluded by
the court.
One of the exceptions to the above
rule is that where it affirmatively ap-
pears from competent testimony that
the contract sued upon is illegal, the
court will refuse the plaintiff relief,
irrespective of the pleadings, as for
instance, If plaintiff should sue in
assumpsit and it should appear from
his testimony that the contract was
based upon a promise to pay money
won at gaming.
The rule in this state is, that II the
complaint shows a contract valid on
its face and the defendant, in his an
swer, fails to point out the transac-
ton or vice which renders 1t illegal,
he will not be allowed to introduce
testimony to show such illegality.
This is so we'll established in Buch-
tel V. Evans, 81 Or. SO9, that 1t is un-
necessary to cite further authorities.
1t is true that If plaintiff had pre-
vailed in this case this court would
have been Obliged to reverse the
judgment on account of the error of
the court in striking out defendants
answer, which error they did not
waive by going to trial upon their
denials and 1t may be true that the
court may be compelled to reverse
any future judgment that plaintiff
may recover until this error Is cor
rected by the lower court and de-
PENDANTS are permitted 70 offer proof,
If they have any, of the matters plead
ed in their second defense. But in
the present state of the pleadings and
proof, the findings of the circuit
court cannot be sustained
Judgment reversed and new trial
ordered.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-27

BALDWIN Sheep & Land Co. V. Column
hia Southern Ry. Co, ct al, MultnO.
nah County,
paldinw Sheep & Land Company, a
oornoration, appellant, v. Columbia
Southern Railway company, a cor
Doration, and The Oregon Railway &
Navigation company, a corporation,
rosnondents. Appeal from the cir
orit court for Multnomah county.
The Hon. John B. Cleland, Judge
Argued and submitted February 2S,
1ot1 Milton W. Smith, for appellant
W A. Robbins (W. W. Cotton and A.
q spencer, on brie) for respondents.
Mcbride, ]. Reversed and new trial
ordered.
This is an action to recover dam
ayes in the sum of $446,74, and in
terest. as an overcharge caused by
the alleged misquotation of a freight
rate by one of defendants agents on a
shipment of sheep from Shaniko, Ore
eou. to Rawlins, Wyoming, in June,
1905. Plaintiff, desiring to ship 36
carloads of sheep, inquired Of the
agent of the Columbia Southern Rail-
road company at Shaniko, Oregon,
the amount of the through rate from
that point to Rawlins. After secur-
ing the quotation it became dissatis-
fed and took the mater up with R.
B. Miller, general freight agent of the
O. R. & N. company, at Portland,
Oregon, and asked what the rate
would be on the sheep from Biggs,
Oregon, to Rawlins, Wyoming; and
also inquired of the agent at Shaniko
the rate on the sheep from that place
to Biggs. Plaintiff then loaded the
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-27

the Oregon Short Line extends from
Huntington to Granger, Wyoming.
AT the time this shipment moved, the
Columbia Southern Railroad company
and the Oregon Railroad & Nayiga-
tion company had through billing ar
rangements from point of origin to
point Of destination. All Of the ne
godations and arrangements in re-
gard to the rate we're made with a
view Of moving the stock from Shan
ike to Rawlins. via Biggs. The stock
were loaded at Shaniko by plaintiff
and it had nothing more to do with
them until they arrived at Rawlins.
The case was tried before the court
without jury. Judgment was rem
dered in favor of defendants and
plaintiff appeals.
Mcbride, j.: The shipment from
Shaniko via Biggs to Rawlins was
clearly an interstate shipment
There was no change of cars or in
terruption in the regular cause of
transportation when the stock reached
Biggs nor was any such change or
interruption contemplated by the
shipper 1t was one continuous ship
ment from one state to another:
Hanley v. Kansas City Southern Ry.
Co., 1877 U. S. 617; Davis v. Southern
Ry. Co., SO A. & E, Railroad Cases
7O1; Shelby Ice & Fuel Co. V. South
ern Ry, Co., IN. CD 60 S. E. 721;
Louisville, ETC., R. Co. V, Behlmer,
ITS U. S. 64S.
The authorities cited by appellant
are not in point in this case: Gulf
G. & S. F. R. Co. V. Texas, 204 U. s.
4OS, is a fair illustration. In that
case grain was shipped from Hudson,
S. D., to Texarkana, Texas. While
in course of shipment it was sold to
a party in Goldhwaite, Texas, and the
shippers notified their agent at Tex
arkana to reship the grain from there
to their purchaser at Goldthwaite,
which was done without breaking
bulk or unsealing the cars. The
agent Of the shipper, however, sur
rendered the original bill Of lading
and took new bill Of lading from
Texarkana to Goldthwaite. 1t was
held that the shipment from Texar-
kama to Goldthwaite was no part of
an interstate shipment. But there
the original destination of the freight
had been reached. There had been no
intent on the part of the shipper or
of the railroad company, when the
freight started on its journey, that it
should be carried beyond Texarkana,
while in the case at bar the intent of
both shipper and freighter in the first
instance was that the freight should
be carried by one continuous ship
ment from one state to another. AS
was said in the case last cited, the
case of freight contract is not es-
sentially different from the purchase
of railroad ticket. Suppose the
local rate for a ticket from Portland
to San Francisco we're two cents per
mile and the local rate from Port
land to Ashland were three cents per
mile. Could one who purchased
ticket to San Francisco claim that he
should have the charges so equalized
that he could have the benefit of the
lesser or interstate rate for the whole
distance. The distinction is obvious.
1t would encourage the grossest form
of rebating If an interstate shipment
could be cut into local subdivisions in
the same state, thus avoiding the
regulations of the interstate COM
merce commission.
If the rate quoted Is less than the
schedule rate approved by the inter-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-27

sheep on the train at Shaniko, but
before the train left that station, the
aegnt notified plaintiff that it could
not ship the sheep under the last
quoted rate, but must pay the freight
as originally quoted, that being the
regular tariff rate. Plaintiff refused
to do this, and the Columbia Southern
agent told it that it would have to
unload its stock, which it declined to
do and finally paid the tariff rate,
originally quoted, under protest. The
rate charged and collected is as fol-
lows:
33 36-foot cars,
Shaniko to Raw
lins, at $1,000. $4,5SS.32
3 94-foot cars,
Shaniko to Raw
Inns, at $135.47. IS 4O6.41
Terminal charges at
Rawlins ..,.. S1.61 $5,022.S4
The rate quoted
erroneo eously to
plaintiff is as fol-
lows:
36-foot cars,
Shaniko to !rt
Biggs, at s 11.6O
36-foot cars,
Biggs to
Rawlins, at 116.0O
80 36-foot
cars at .$1276O $421O.SO
S4-foot cars,
Shaniko to
Biggs. =. 11.6O
34-foot cars,
Biggs to
Rawlins. 1000
3 "a foot
cars at ...$121.6O S64.SO $4,575.6O
Alleged over
charge. .................$ 446.74
Plaintiff did not ask for copy of
the tariff when these rates were
quoted, nor inspect any of the rate
sheets on file at Shaniko. 1t paid
the through rate from Shaniko to
Rawlins. The stock went through
from Shaniko, the point of origin, to
Rawlins, in the same car, and were
not transferred at Biggs.
The Columbia Southern railroad
company in 1905 was a feeder of the
Oregon, Railroad & Navigation COM
pany, but was operated under separ-
ate management, and was commonly
known as the "Lytle Road" 1t in
tersected the Oregon Railroad & Nav
igation company's line at Biggs, Ore
gon. The Oregon Railroad C Navi-
cation company's line extends from
Bigs, Oregon to Huntington, Oregon;
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-27
SUPREME COURT DECIDES
AN INTERSTATE SHIPMENT
OREGON SUPREME COURT DECISIONS

Fu Text Published by Courtesy Of F. A. Turner Reporter the
Supreme Court
Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1911-06-29
HOSTILE CAN OPENER.

Next to the collar button the can
opener has been of all minkind's in
animate enemies the most unrelent-
ing. The can opener has not the
elusive tendencies of the collar but
ton, but it has an even greater re-
luctance to perform the duties prop
er to it. But a can opener can do
more things than not open cans. In
a recent investigation in Philadel-
phia of dishonest weights and meas
ures in groceries and markets can
openers were discovered fastened to
the fork or on the customers end
Of the hanger. 1t is gratifying at
least to learn that a use has been
found for the can opener to which it
is better adapted than the opening
of cans.-The National Post.