davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10

Of this court recognizing and UNFOLDING
this authority. the court finds no founda-
ton for the proposition that the act 10
regulate commerce contemplated inter
ference with the authority Of the state 10
prescribe reasonable rates FOR the eNcla-
sively internal traffic throughout tho OK
tent OF It's territory. Neither by the origi-
nal act nor by its amendment has CON
Frcss sought 20 establish unified cor
troll over interstate and intrastatc rates:
II has not set up a standard for intra-
state rates. or prescribed or authorized
tho federal commission TO prescribe either
maximum or minimum rates for intra-
state traffic. The fixing ~ reasonable
rates FOR intrastato transportation was
left BY the act whore 81 had been found -
that is. with the states and the agencies
created by the states 10 deal with that
subject
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
Streetcars Not Railroad"

In another ruling to-day the Supreme
Court held that street car lines were not
subject to regulation OF the Interstate
Commerce Commission, and annulied
tho commissions order FOR scent re-
duction Of the fare from Omaha Neb,
10 Council Bluffs. Iowa.
Justice Lamar. announcing the courts
decision. said that Congress, IN using
the word railroad IN tie intcrstats
commerce laws. had not used Il IN It's
sense Of A local line, such as street
railway was essentially
Attorneys for the Interstate Commerce
Commission interpreted the decision as
not deprtving the commission Of jursdic-
ton over electric lines which were essen
TALLY competitors Of steam railroads IN
interstate commerce.
The Supreme Court also decided to-day
that one shipper could not sue FOR rehates
as damages because competitors received
rebates. and the court reversed the del
cision Of the Pennsylvania courts a"ardI
ing 10 the international Coal Mining Com>l
pany OF the Clearfleld region 81 Pennsyl-l
vania Judgment OF $1,000 against tha
PENNSYLVANIA Railroad
Justice Pitney, dissenting declared the
decision practically annuiled the right OK
shippers 10 sue for damages conferred oy'
recent legislation.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
RATE DECISION EPlToMlZED.

States may regulate the rates OF
railroads within their borders. oven
when interstate commerce is in
volved.
This rule applies when the fedora
government has not taken iurisdic-
ton.
The rates imposed must not be
confiscatory and the burden OF es-
tablishins confiscation rests upon
tho railroads.
Only when regulation takes the
form Of confscation will tho courts
afford relief.
In the case Of the Northern Pa
cific and Great Northern il was
found by the Supreme Court that
the rates ordered by tho commission
in the State of Minnesota we're not
confiscstory and wore valid.
In tho case OF tho Minneapolis &
St. Louis Railroad, however, il was
held that tho rates fixed by the
state we're confiscatory and the rail
road was sustained.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10

the examination Of estimates OF vaIue ana
methods Of spportionment, it is conciudeo
that the proof is insufficient TO justify a
finding that the rates were conhscatoIS'
and the degrees are reversed, with IN
structions to dismiss the DILL in each case
without prejudice.
I'll. In the case Of the Minneapolis
St. Louis Railroad Company it is found
in view Of the special facts appearing
that the margin Of error in the estimates
and calculations was not sufficient 10 az
feet the result The decree in that case,
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
Held Unconstitutional.

The complainants in their several DIS
further claimed that the prescribed rates
operated as an interference with inter
state commerce. and were therefore uh-
constitutional and void
The defendants filed demurrers 10 the
oiiis OF complaint chiefly on the ground
that the causes would in effect operate
as suits against the state. and that such
actions would not lie. The demurrers
were overruled, and on appeal TO the
Supreme Court OF the United States the
orders OF the lower court in that regard
were affirmed. and Il was further held
that the penalties prescribed BY the sew
eral acts were so severe as 70 be wholly
imperative ard unenforcible.
The causes were thereupon RENTED 10
the Circuit Court for the district or MIN
nesota; answers were put in by the de-
PENDANTS. and a special master, Judge
Charles F.. OTIS OF St Paul, was APP
pointed 20 take the evidence in the cases,
find the facts and recommend the form
OF decree which In his Judgment should
be entered Nearly two years and half
were occupied in taking testimony be-
fore the master and submitting the cases
10 him on written and oral arguments.
Three cases were selected as typical OF
all. and il was agreed that the other ac-
tons should he held In allegiance until the
final decision In these three was rem
dered.
Judge Otis held that the rates prescribed
by the commission and the Legislature
operated IN an unlawful interference with
interstate commerce. and We're for this
reason unconstitutional and void. lie also
found that the rates so prescribed. and
all Of them. were non-compensatory and
operated as a confscation Of the proper
ties OF the several railroad companies.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10

sdiudcing the rates to be contiscatofy' -
,herafore affirmed, with the modification
that the members of the railroau div
warehouse commission and the Attorney
General OF the state may apply 10 the
court by bill or otherwise, as they may
he advised. for a further order or decree
whenever il shall appear that by reason
of a change in circumstances the rates
fixed by the states acts and orders are
sufficient TO yield to this company reason
able compensation for the services rem
dared -
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
RATE, CASES IN COURTS
FOR THE LAST SIX YEARS

growing out Of laws passed in Missouri
Kentucky, Oregon, Arkansas and West
Virginia, in addition to Minnesota. Sim.
liar litigation was had in Alabama, Iowa
Kansas, Nebraska, oklahoma and South
Dakota and it was announced that sey-
enty-six suits in federal courts depended
on the decision in the Supreme Court
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10

we have always contended. the rignt OF
the state 10 regulate within its connnes'
II is a great victory, and Minnesota mas
the honor of being the leader in making
this victory possible
"The decision, as reported Is wnat /
fully expected" said Attorney General
Smith. THAT the rates are confscatory'
81 far as the Minneapolis & ST. Louis
road 10 concerned. 1 never had doubted.
what we attempted TO show was that the
rates were Just and equitaole as ""o'''
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
CHINA ENDORSES PEACE PLAN

washington. June China Is the lou.
,eorth nation TO indorse BryanS pea's
rlan Minister Chang called upon 'u'
Secretary OF State to-day ana '0 20 ' IN
that his government accepted the ile' ,s =,
principle and would Ike TO consluei ''''
details
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
Carried 70 Highest Court.

Exceptions 20 the masters report were
promptly fled BY the defendants, and
with the report. were submitted 70 Judge
Walter r. Sanborn. OF the Sth Federal
Circuit. Judge Sanborn ordered judg-
ment I'm favor Of the complainants and
rendered an elaborate decision confirming
Judge Ous's report The state then car
ried the matter TO the United States SUI
preme Court. Similar cases on appeal
from other states were Jumped With the
Minnesota cases and argued before the
Supreme Court IN April 1912, and rail-
road companies, state authorities and
shippers have been waiting until now for
the final decision.
There were. all told. forty-five cases in
the group before the Supreme Court
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
Reservoir Condemnation.

Under another Of to-day's rulings ~
property owner has no constitutions
complaint 10 make II a city IN taxing rs
property for reservoir purposes COM
pensates him only for its general maFAs'
value. The case IN question arose u,
Hurley. Ulster County y. y. where lshN
was taken by the city OF New York
BY another ruling to-day the singer
Sewing Machine Company lost its sun 'c''
an Injunction to prevent the city Of Den
YER from taxing money which the COM
pany had collected in adjoining states.
The Supreme Court also upheld 'D7
validity of the Oregon law OF 1899 a'th0''I
izing criminal prosecution on informs
tons by district attorneys.
The Supreme Court also upheld the If
dictment of the Adams Express Com
pany in the federal District court ~.
southern Ohio for the alleged chaIs'H,
Of five cents more than the puoNs"s.
tariffs on shipments from indianapolis
70 Franklin. Penn. through Ohio.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
On Confisestion Issue.

e. on the issue Of conhscat.on. the
rate making power IL a legislative power
and necessarily implies a range Of legis-
latiye discretion. The court does not SIT
as a board OF review 90 substitute lis
judgment for that OF the legislature or
OF the commission law fully constituted
by IL as TO matters within the province
Of either The question is whether IN
prescribing a general schedule Of rates
involving the profitableness Of the intra-
state operations Of the carrier, taken as
a whole, the state has superseded the
constitutional limit by making the rates
conflscatory The property OF the railroad
corporation has been devoted 10 a public
use But the state has not seen M 10
undertake the service itself and the pri-
vate property embarked I'm IL Is not placed
al the mercy OF legislative caprice II
rests secure under the constitutional pro-
lection. which extends not merely 10 the
title. but 10 the right 20 receive just COM
pensation for the services given to the
public.
10 In the cases OF the Northern "a
cihc and Great Northern companies, on
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10

81 don't want 10 make a definite state
ment in regard TO the decision on the
Minnesota rate case until have read the
opinion" said W. +. Newell. Of J. r.
Wiliston & Co. bankers. Of No. Nassau
street. who is recognized a. an expert on
the case. but he commented on several
features Of the opinion as they fell under
his eye. for ne was standing at the ticker
as the decision came in yesterday after
noon The states may make their
rates. il appears" said Mr.. Newell but
the court holds that the Constitution gives
Congress. at all times, the power 10. Sc
cure the freedom Of interstate commercial
intercourse. The commerce within one
state may he internally regulated. but the
authority OF Congress extends to every
part Of Interstate commerce.
The court affirms the judgment Of the
United states Circuit Court OF Appeals IN
enjoining the Railroad & Warehouse Com
missions order as confiscatory, but mod
n,s 10 10 the extent that the AttorneN
General Of the state may apply to the
courts whenever circumstances warrant "a
rate fixed within tie state.
But probably the railroads were not SO
much Interested iu having the rate fixing
power taken out OF the hands OF the leg
islatures. one feature Of the decision OF
tho Circuit Court ~ Appeals that was ~
great interest TO them was that rail-
road should he allowed 10 earn. in good
and bad years alike. per cent on the
physical valuation Of the road. This physl-
cal valuation was 10 be estimated upon
basis Of what the property could be re-
produced ror. not FOR what 10 cost and IN
many cases railroad property has in
creased greatly in value. particularly IN
tho West. where rights OF way that were
obtained FOR next 10 nothing have now
come 10 be very valuable.
Thinks Decision Wise.
In tho case q the Great Northern ana
the Northern Pacihc As an estimate ot the
physical valuation. ;hcro vas allowed IN
dor tho basis Of what II would cost -
reproduce them almost exactly what they
vere capitalized at from leOl To I2V''
WHEN stocks were hiSh.
Il think the decision IS very wise
one" said Henry Clcvs 1T takes the
matter out ~ the states control II can
certainly be- handled better b. the Inter
state Commerce Commission. The decision
cannot fan TO have - favorable effect on
the securities market which Is now 80
much i'm need Of encouragement"
Railroad officials were reluctant TO eN-
press an opinion as 10 the effect OF the
decision on the broad issues involved on
the plea that they had not received SUI
fclently comprehensive advlces 10 enaoi'
Them 20 grasp its full signihcance. Jus
tico Hughes had not ended his reading Oh
the decision until long after most ran
road men had left their offices.
The first fash from Washington OF inc
decision reached the financial district
more than an hour after tho stock market
closed 50 that II vas without immediate
effect on railroad stocks. Bankers ana
brokers we're hardly less Interested thah
railroad men I'm the courts ruling. "ai'
street had formed It's own conclusions a.
to the probable action OF the Supreme
Court. and ii had been generally expected
that the decision would be against the
state OF Minnesota.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
OF Prime Importance.

The ruling had long been looked Tor
u.,rd 10 AZ matter OF prime importance
,ha railroads and the stock market. on
,,,o ,boorv that Il the SanbOrn decision
were upheld the business OF resuia''''7
rates would be conhded almost enure'y u
IN, Interstate Commerce COMMISSION
The opinion generally expressed was tna'
such a decision would favor the RAILROADS.
IN that II would largely nullify the powers
NJ state railroad commissions ana enap''
The roads 20 look 10 the Interstate COM
nerce Commission as solo arbiter In the
odiustueut OF rates Such central'za'
,,or ~ authority was regarded as desir'
ab,o from the railroad and financial point
of view.
Brokers with foreign connections were
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
HOW THE RATE DECISION
STRIKES THE FINANClERS

in active communication with their corre-
spondents abroad last night. and the ef-
feet Of the courts decision is expected 70
be reflected in the London stock market
early this morning and later in the day IN
the local market.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10
Authority Of the State.

Similarly, the authority Of the state
20 prescribe what shah be reasonable
charges Of common carriers for intra-
state transportation. unless II be limited
BY the exertion OF the constitutional
power OF Congress is statewide To say
that this power exists but thG- It may be
exercised only in prescribing rates that
are on an equal or higher basis than those
that are fixed by the carrier for inter
state transportation. is TO maintain the
power in name while denying II in fact.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-10

Among the laws which the states may
pass indirectly affecting interstate COM
merce were mentioned state inspection
laws. state employers liability laws and
quarantine regulations. The justice said
that state rate making was TO be classi-
fed with these.
1t has never been doubted said the
court, that the state could, il it saw III,
build its own highways, canals and rail-
roads II could build railroads traversing
the entire state and thus join It's border
cities and commercial centres by new
highways Of internal intercourse TO be
always available upon reasonable terms.
Such provision for local traffic might in
deed alter relative advantages in compe-
tltion. and by virtue Of economic forces
those engaged in interstate trade and
transportation might find II necessary 10
make readjustments extending from mar
ket 10 market through wide sphere Of
influence: but such action Of the state
would not for that reason be regarded as
creating a direct restraint upon interstate
commerce and as thus trsnscending the
state power
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-05-30
DAVENPORT

Licensed to Wed.-Marriage licen-
: ses were issued yesterday TO Harry
Pohlmann and Miss Fife d. Frahm OF
Davenport; Rudolph Eouschlicher OF
,Wheatland and Miss Rose Hickman OF
Casey.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-05-30
CARBON CLIFF

Mrs. Clarence Mitten is quite ill.
Mr. and Mrs. lie Roy Carey are par
ents of new girl who arrived May %.
Mrs. Williams and Mrs. Walter Nit
ten and little daughter, Dolores, were
Moline visitors Saturday.
Mrs. John Swank was a Davenport
business caller
Mrs John Wildermuth and daugh-
tel, Eva, and sister, Miss Freda Klei-
nau, were Rock Island and Moline Wis
itors.
Mrs. Charles Belowski was a Moline
visitor.
Frank Hennegan Of East Moline was
caller here Tuesday.
Professor William Troutman is en-
ioying a visit from his aunt, Miss
Troutman Of Lagoota, Ind.
The Misses Ella and Margaret
O'Donnell were Moline visitors Satur-
day.
Mrs. c. W. Smith and son, Don,
were Moline visitors.
Mr.. and Mrs. ?. W. Beckwith of
Davenport spent Sunday at John Hol-
lands.
Mrs. Frank McKenrick spent We'd
nesday at Moline and Davenport
Mr.. and Mrs. Steven Mitten spent
Saturday with their daughter, Mrs. S.
Adams, at Moline
Mrs. William Gerhardt and daugh-
ter. Margaret, were Saturday visitors
at Moline
8Ir. end Mrs. D. F. Jones and son,
Richard. and daughter, Leone, spent
Sunday al Dick Jones' home az Green
River.
August Be.owski visited at Moline
Saturday.
Mr.. and Mrs. Harry Shay are en-
JOKING a visit from their daughter,
Mrs. Jessie Flemming, who arrived
here on Monday from St Louis.
Mrs. August SchIueter and son, Car
oil. were Moline visitors Friday.
Mr. and Mrs. o. a. Stipp had as a
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-05-30

the sister of the deceased states that
she is on her way to Davenport.
Mrs. Sophie Merkwardt, resident
OF Davenport since the year 1882, died
yesterday at a local hospital, after a
lingering illness, at the age Of 70
years. Deceased was born in Sargle-
ben, Germany, May Is, 1888, and was
united in marriage in the old country
in the year 1874, to John Markwardt.
who preceded her in death 81 years
ago. The couple came to Davenport
in the year 1882, and since that time
she has made this city her home.
Surviving are three children, Mrs.
Mary Goeldner and Mrs. Annie Me
mands OF Belle Fourche, S. D., and
John Markwadt OF Davenport.
Following a brief illness, Mrs. Dora
Freymann, aged 81 years, died at 2:3O
o'clock wednesday evening at a local
hospital. Deceased was born in Dav-
export and has made her home in this
city practically all of her life. She is
survived by the husband, John Frey
mann and Ave children, james, Aman:
da, Lena, Dora and John, and two sis.
tiers, Mrs. Amanda Emming of St
Louis, No, and Mrs. John Wegner OF
this city. The funeral will be held al
2 o'clock Saturday afternoon from
the home of the sister, Mrs. John Wen.
ger, 1907 UniCn street, with interment
in Paramount cemetery.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-05-30
YUMA

Rev. Mr.. Keer was a guest at din
neE with Mr.. and Mrs. Clyde Wake
Sunday.
Mrs. Cox and daughter were shop
ping in Moline Monday.
MIR. and Mrs Walter Manning spent
Sunday with Mr.. and Mrs. James
Scarf.
Marian Walker and wife spent Sun
day with Mrs. Clyde Wake
The young daughter 70 Mr. and Mrs.
Ralph Beal, who has been quite i'll
since Sunday, is now much better.
Mrs. Gertrude Nicholson of Moline
visited her parents, Mr.. and Mrs. S.
S. Beal.
The Rose Hill Aid society met at
the home of Mrs. Joe Schafer Wed
nesday. There were 80 present. The
next meeting viii be with Mrs Bath.
George Wainwright of Watertown
spent a few days with his SON last
week.
Hilisdale orchestra will furnish part
of the music at the silver medal con,
test at Hillsdale June II.
Two inmates of the Watertown hos
pital wandered away Tuesday morn
ing and we're found in Yuma and TAX
Ell back by Frank Schafer and Ross
Wainwright
Memorial services were neld at Zu
ma N. f. church Sunday afternoon
Rev. Mr.. Stoddard gave a splendid ad
dress that not only the old soldiers
bur ali present will remember as the
years go by.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-05-30

are Mrs. c. F. Beck of this city and
Mrs. Emma Nimrick of Swedona. The
remains will be sent to Swedona for
burial Saturday afternoon
Raymond Charles, 1S-months-old sen
of Mr.. and Mrs. Thomas Glynn, diec
in the home, 1894 Ninth street, at
11:50 Thursday night. He leaves, be-
sides his parents, one sister, Marjorie,
Z years old. Funeral services we're
held in the late home this forenoon
and at $50 in st. Mary's church.
Father J. S. Kelly conducted the SER
vices and interment was in st. Mary's
cemetery.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-05-30

Licensed to Wed.-Marriage licen-
ses were issued yesterday to Harry
Pohlmann and Miss Fife d. Frahm OF
Davenport; Rudolph Eouschlicher of
,Wheatland and Miss Rose Hickman of
Casey.
Unable to Appear on Forgery
charge-W. c. Collins, under arrest
on charge of uttering false instru-
ment and cited for trial yesterday,
could not put in an appearance in
police court. He is now confined at
s.. Johns ward Of Mercy hospital
suffering from the effects Of acute
alcoholism. The young man was plac-
ed under arrest Friday for having
passed a check on the Kimball hotel
in the sum Of SIS, this being signed
with the name of f. c. Schwab and
endorsed by Collins, who also goes
under the name Of E. E. Reynolds.
When arrested several other checks,
which had already been filed out,
were found on his person. Magistrate
Roddewig has continued Collins case
. for two weeks at which time 1t is
thought he will be able TO appear for
hearing unless his case is more
serious than now anticipated.
May Resume Work az Corn Products
1t Is reported that the Davenport
plant OF the Corn Products company,
commonly known as the glucose fac
j tory here, will again be pu: in opera
tion next fall. The entire plant IS TO
be started, putting a large number Of
men to work. Only glucose is TO be
made at the Davenport factory,
though. Before active operations at
the factory were discontinued, corn
syrup was produced here, but this was
discontinued last fall, and the entire
plant shut down, only the jobbing and
storing departments being continued.
. A large force Of men was thrown out
Of work following the shutting down
OF the plant. During the summer, the
facory will probably continue TO run
light. but when winter comes, 1t is like.
~ that work will be resumed here on
a large scale. This will again mean
the employment Of a large number OF
men. A number OF reasons were Civ.
q en- for the shutting down of the plant
several months ago, among them be
ing unfavorable freight rates to ana
from Davenport, shortage in the corr
crop in this section, and the advan
tage OF concentrating the manufac
ture CT corn syrup at one plant.
.
Tansle in Big Drainage Job.-keJec
tion Of the bids for the second time
on the big 18th district drainage sys
tenn which will cost the city over $40,
600 may be made as the result of de
velopments which are now being
aired by the finance committee of thu
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-05-30

guest this week George Hilton of East
Moline.
John Slater of Grinnell, Iowa, on his
way to Burlington, Iowa, stopped off
for short visit at the Claus Hanson
home.
Mrs. John Holland spent Thursday
with her daughter, Mrs. p. w. Beck
with, at Davenport.
Mrs. Harry Frymeyer Thursday en-
tertained her mother, Mrs. Harry
Black of La Sale, and two uncles, John
Peters of Iowa and Thomas Peters of
Nebraska, and Mrs. Ireland of Silvis.
G. F. Holland was a business caller
in Moline Tuesday.
Mr.. and Mrs. Hardsock and Mr.. and
Mrs. Williams of Moline, Mr.. and Mrs.
Willet of Rock Island and Mrs. Davis