davidaulloa/AmericanStories huggingface dataset:
Arizona republican., 1913-08-26

the actual discharge of their duties be allowed of the city without other
 Section The Commission shall by ordinance reouire under penalties to elevate of or he in anire ''' pu''' S'-s'' ' Section g. The franchise privilege subject the right of the city whether % m % ] a % whfh shall be necessary to m 4 the the pubic nciudng anonr otber tbIngs b gbt t as and n @ force the 0 s"fh @ grant @ and to protect the public from danger by the the franchise sufficient accommodations granted h" be renewed before three ' years prior to its Section granted city e e art % ' @ h s t % to no i f b ~n tn9 see M or @ S @ g @ % % ment of shall Section & 1 No of f my association shall in the however that the povsons of h shall not apply o the track switch prvges railway companies for the
 
 grant such evocable license privilege railway visabe application privilege tracts land of the blocks fronting on each sired to lay or construct such side tracks or % wtch W ~ " H ~ provide or o the f h 0o @ p ege granted be granted suitable provisions the similar providing for suitable compensation the such the free thereof the Commission shall deem Section IA The shall all corporations operating under franchises granted and all condition  
 and shall have the right appoint CD
 
 and verify ground the of O
 Section 1 The manager shall provide and to be kept
 
 
  
 said
  by i and other matters of information public  the Commission by ordinance direct All
Arizona republican., 1913-08-26

upon the future disposition of surplus troI but which the lessee does not take, can not be deemed objectionable mere lv because of the possibility, or even the certainty, that the surplus may be in demand for municipal purposes. The real question concerns the authority of the secretary to agree to such a restric- tion in any event: and this question would present itself quite as strongly if the words concerning municipal pur poses were subtracted from the statute as it does with the statute as it stands. May the secretary, in leasing a speci- fled quantity of power. lawfully agree not to dispose of other surplus power, or agree not to dispose of it in certain ways? My answer is that, if. in view of the consideration offered. he be- Iieves such a contract advantageous to the project. there is nothing in the act of 1906 which forbids him to make it, assuming, of course that the consider ation itself is a lawful one. Such a contract might be improvident, or it might be very wise, acording to the circum stances; but that is not the question. since I have not to do with 
 with it's legality. The secretary might lease the whole of the power or only a part. If he leased but a part out right, his assent to restrictions upon the leasing of the remainder would amount to no more than a qualified disposition of that, which. pursuant to this statute (with due regard to the maximum term which 1t prescribes), he would be competent to dispose of en- tirely
 It does not appear that, when this contract was made. there was oppor- tunity to make a better contract or one equally good, or indeed, any con- tract at all. to supply power for muni- cipal purposes. Upon the whole I am unable to SC how the contract could be regarded as contravening the act of 1906. unless it may be said that the sec retary, in accepting the conveyance of the company's water rights instead of money as a part of the consideration, went beyond the authority conferred on him by law. But, assuming that. if it stood upon the act of 1906 alone, a lease concerning power should rest upon a money consideration, which, in the judgment of the secretary, affords in itself an adequate return for the power disposed of, it does not appear from the facts stated that such con- sideration was absent in this case. Fur thermore, I am of the opinion that, as the secretary, under the original rec 1amation act. had an independent au- thority to acquire the water rights by the use of the reclamation fund, the form which the transaction took was merely in legitimate avoidance of a useless circuity. For, if it be assumed that, without the conveyance of water rights, the lease, including the restric- tive provisions, would have brought more money into that fund, it must also be assumed that an independent pur- chase of the rights would have dimin- ished it in an equal degree at the least
 The other point of inquiry concerns the application of the antitrust law Since the execution of the contract. Arizona has been admitted into the union, and, as the contract has noth- l ing to do with interstate or foreign commerce, but deals exclusively with
Arizona republican., 1913-08-26

fensive both to the third section of the anti trust law of July 2, 1890 (26 Stat. 209), denouncing contracts. combina- tions or conspiracies in restraint of trade or commerce in the territories of the United States, and to the prOvis- ions of the act of April Is, 1906 GA Stat. 116, IT'D, quoted below. which, in authorizing the secretary of the inter for to lease" surplus power derived from reclamation projects, provides that preference shall be given to mu- nicipal uses. In view of these criti- cisms, your predecessor requested to be advised whether the contract was un- lawful and, if so. what steps could be taken to abrogate it.
 Section of the reclamation act of June IT, 1902 (32 Stat. 3S8-9,) provides:
 That where in carrying out the pro- visions Of this act it becomes necessary to acquire any rights or property, the secretary of the interior is hereby au- thorized to acquire the same for the United States by purchase or by con- demnation under judicial process. and to pay from the reclamation fund the sums which may be needed for that purpose.
 Section 10 of that act provides:
 That the secretary of the interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect.
 By the act of April Is. 1906 GA Stat 116, sec 5, it is provided:
 That whenever development of power is necessary for the irrigation of lands under any project undertaken under the said reclamation act, or an opportunity is afforded for the Jlevel- opment of power under any such pro- ject. the secretary of the interior is authorized to lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the moneys derived from such leases shall be covered into the reclamation fund and he placed to the credit of the pro- Ject from which such power is derived: Provided, That no lease shall be made of such surplus power or power priviI- ege as will impair the efficiency of the irrigation project.
 These enactments confer upon thu secretary of the interior broad author
 
 reclamation policy of congress, and necessarily, in exercising the authority thus granted. he enjoys a wide discre- tlon It appears that he thought it es- sential to the proper development of the Salt River pf oject that the water rights claimed by the Pacific Gas and Electric company should pass into the ownership and control of the govern ment, for the ultimate benefit of the water users. Acting under section 2 of the reclamation act, he might have purchased the rights for cash con sideration, if the company had been willing to sell for price which he deemed commensurate with the value of the rights to the project. Or, pos sibly (under the same section), he might have acquired them through condemnation proceedings. In either event, the moneys required for the pur- chase must have been drawn from the reclamation fund, and the amount might have been seriously influenced
Arizona republican., 1913-08-26
ARIZONA DELEGATES
 ID TULSA CONGRESS
Eighth International Dry Farming Congress Claims Attention of
 Arizoniaps

Governor Hunt yesterday appointed the Arizona delegates to the Inter. national Dry Farming Congress to be held in Tulsa, Oklahoma, during the month of Ocsober. Forty three names are included in the list of delegates chosen from all sections of the state. The following is the list:
 H T. Bayless. Phoenix; D. K Ud- all, Hunt; Wm. Wingffeld, Camp Yer de; l.. l.. Bates. Prescott; J F. Brown, Casa Grande; Jack Schultz, Casa Grande; G. Howard Davis, Casa Grande; s. J. Robb, r. H. Hanigan w. H. Hatcher, B. A. Packard, E. P. Grindell, Douglas: F. J. weese, J. B. Ellis, J. A, Jenkins, Cochise; J. A.
Arizona republican., 1913-08-26

of the United States at the Roosevelt reservoir. For this energy the company Obligates itself to pay one and one-half cents per kilowatt hour for all power furnished and consumed, the receipts therefor being credited to the Salt River project, thereby. operating to re- duce the charges payable by the land owners and irrigators therein. The contract was for term not exceeding ten years
 From that letter also I excerpt the following:
 It is to the interest of the United States and other water users in the reclamation project that as large a rev enue possible be derived from power development in the project, and in this respect the contract was believed to be advantageous
 In connection with the whole ques- tion, attention is directed to the fact that the Pacific Gas and Electric com pany is a public service corporation organized and existing under the laws of Arizona operating under a franchise granted to it by the city of Phoenix, and that the power furnished to the company is in furtherance of enabling 1t to conform to the requirements of said franchise. It would seem to be within the power of the state or local authorities to proceed against the com- pany for violation of any of the terms of it's franchise, and within the power of the state to regulate the rates at which it furnishes power to consum- CTS. Wilcox V. Consolidated Gas Co, PIP II. s. 19; Stanislaus V. San Joa- quin and Kings River Canal and Irri- gation O.. 192 U. s. 2O1.
 Article II of the contract is as fol- lows:
 The party of the first part further agrees. while serving power to second party under the terms of this contract to refrain from entering into a general retailing of power to customers in the city of Phoenix, Arizona, or from furn- ishing power. to any one in said city 70 be again sold or retailed It is agreed, however, that the party of the first part shall have the right to sell or lease power in the city of Phoenix. Arizona, at any time in blocks of one hundred to five hundred kilowatts and over to any one to be used for manufacturing industries. water works or pumping plants
 In the letter of February 26, 1913, it is said tha. this provision has been regarded by the reclamation service as not operative to prevent the furnish ing of electric power to the city of Phoenix for lighting purposes ''provid- ed the city did not retail the power but intended to use it only for municipal purposes; and the secretary adds:
 The language of Article II seems clear upon this point and contains no restriction upon the government ex- cept that it shall refrain from enter ing into a general retailing of power to customers in the city of Phoenix or from furnishing power to any one to be sold again or retailed but that the government shall have the right to sell or lease power in the city of Phoenix at any time in blocks of 100 or 500 ki1owatts and over.
 It appears. however, from the corre- spondence, that the validity of the con- tract had been challenged upon the ground that the restrictive features found in the eleventh Article were ot-
Arizona republican., 1913-08-26

ha @ T@sss. in of behalf he as the ordinances suits and pro control of all isstion f t6 en % or % @ assiat Se 0e @ take charge of any M the payment for such additional vices or work done behalf the Section The violation of provision nav he posecued bv be s,tboi @ f t tt @ 4 ana th state of areoa ~ m % @ h oI the e city Tn the name of option of the Commission Any be imprisoned jail, Phoenix expense the cit of phonx charge favor of said county against City Phoenix by and through it's Commits the present City of Phoenix such adjacent land and said Commission shall deem prescribed by statute by The @ shs aTe psnaT to enact ana ana ahe ma all pro proper ana necessary ordinances resolutions and or harmonious and effective municipal government may be installed operated maintained welfare inhabitants ordinances of The Common Council of the in like manner na % t @ sma @ effet a f. bi @ ear
 CHAPTER xxn
 Arendm in the provided in the Constitution of the State WHEREAS City Phoenix in County Marioopa eoon under and in @ aocodaDee h the % ro1ision of aco of L. w. Coggns H Dieh, A Fowler, B. T Gllett w Hum B. Kibbey Thalhemer. A Tharaldson, Will of 70 nc a fol KNOWN, provisions of the a o Phoenix qualified the Freholders the City of Phoenix o at day year thousand NineH Hundre and
 JOSEPH L. B.. ALEXANDER
 
 
 
 L. W.
 H 4.
 B. A
 
 w. S HUNBERT.
 H B.
 H
Arizona republican., 1913-08-26

T was cured of diarrhoea by one dose of Chamberlain's Colic. Cholera and Diarrhoea Remedy" writes NJ. E. Gebhardt, Oriole, Pa. There is noth- ing better. For sale by All Druggists Advertisement
Arizona republican., 1913-08-26

CndlrHlan FRANK P. TROTT,
 Secretary. l.. w. COGGINS. H. A. DIEHL, B. A. FOWLER. BEN. T. GILLETT, w. s. HUMBERT. H. B. RESISTING. JOSEPH H. KIBBEY. ANGEL MARTIN, P. A. THARALDSON, II B. WILKINSON.
The evening world., 1913-08-18

Mems and Womem's Umbrellas
of twilled silk, sizes Is and 2s inches, with
mission or natural wood handles, regularly
sold at $500 & $3.50, will be offered to-mor.
row CTuesday) at $500
The evening world., 1913-08-18
Lungs Were Affected;
Now In Good Health

The makers Of Eckmans Alternative. Q
remedy for Throat and LunG Trouble. do
not claim that II will restore every one
to perfect health. but 90 many hava vol.
unfairly testified Il saved their lives that
ali who have this dread disease should
Investigate and try Il. II should stop the
niGht swssts. reduce fever. promote spps.
tito and In very many cases prolonG life.
read what II accomplished In this case:
Catherine Ave. aAd Ascot Place.
Queens Court. L. !.
"0sntismsn: In the year 1908 I vas
taken with . heavy cold and nasty
cough and went to several doctors. Ia.
ciuding . specialist. Their medicines
failed, Ny brother then recommended
Eckman's Alternative to me very highly.
Il 10 now neariv two years since ] firs,
took II. am nov we'll and ! dare Say
that I would have been buried Ions ESQ "
IL had not been for Eckman's Alternative.
i wish 10 thank you for the Rodsend to
me. Wherever ! 10 ! highly recommend
the AItsrativs. ~ ] owe my iifs to t."
IAffidsvitD JOS. J. TROESCHER.
tAeovs Abbreviated; more on rsausst.l
Eckman's Alternative has been proven BY
many years test to ba most efficaclous
In cssss Of severe rhIoat and Luns. Al.
stubSOIn Cold. and N upSIiSi'r. the :y.
SS!:.s.I iSs%i"ib bra. S;nisi Store. For and .,nsyy
,ssSSans, ,ssSars,ory. Phiisdeiphis pa. for Booklet
,.iiins OF rseoveriss ana additional sW'
AAnce.
The evening world., 1913-08-18
NO THIRD TICKET
WILL Be IN FIELD;
TW00R -FOUR PLAN
Tammany Confident of Win
ming on That Basis, but
Not With Three.

II the Fusion political combination
holds firmly together through thil
wesk's storms. Tammany may renonin
ate Mayor Gaynor.
II the Ftssionisu fall out. Tamman,
vii nominate IN organization man 70,
Msyoe and ise Mayor Gaynor run on ~
independent tschst II he cares to DO 20.
There viii b In the field eithR twt
tSokstD or four tickets. There will b
no lone third hand. II one side splits
% viii Me oth1.
In . four-oornered hGht. rsmmany Il
confident Of winning. In . two-sidst
contest between Oaynor and Mitchell
there 10 uncertainty a. to the result.
Under the new Primary law there are
no party conventions Of the old type
this year. Their place 10 partly taken
by the meetings Of party committeel
for the purpose Of designating candi-
datas to be voted on later at the
primaries.
Republican and Progressive parties,
the principal factors In the Fusion
uObo tuCiE TtBpCCtNo Stty
committee meetings tomorrow night to
decide whether they will designate for
the primaries the nominees picked by
the Fusion COMMITTEES Of One Hundred
and Seven. Tammany City Committed
meets Saturday to pick its primary
candidate for Mayor.
Over Sunday conferences Of Tammany
leaders were held At two places alons
the sea shore. One group sought its
Mecca At Good Ground. l.. l.. where
Charles r. Murphy lives.
The other group. composed Of Jsrse,
ssashore dwellers. made its headQuar'
ters at the Allenhurst Club. whert
Thomas F. Smith. Secretary OF the Hall
stays. Across the street Is the summer
home Of Justice Victor J. Bowling.
TsmmAny decided to hold of to se<
WAat the Fusionists would do at Tues
day nights msetings. There y much
talk In both Republican and Progressiv,
ranks OF 9 revolt against the Fusior
slate. Duri'I the next twenty.four hours
their leaders must determine whethe,
they will put through the slate or keep
hands on and let the rank and Ale rur
Wild. In the latter event, the Fusior
slate win b cracked all around thu
edges. II not entirely broken.
Mayor Gaynor has STAYED OF his inde-
pendent nominating gusrrillas from mott
flying him until later In the week. He
y ready to turn than loose to force
Tammany's position any moment
Boss" Murphy would give Q good deal
to know whether the sly old fox in the
City Hall would run Independently u
Tsmmany does not name him. Herbert
Parsons and his regular Republican
leaders would like to have the same In
All parties to-day and Tomorrow ar.
Jockeying for position. Each 10 trying
10 force . split In the others ranks
Fusionists want Tanmany to name an
organisation man for Mayor and then
have Gaynor run Independently. Tam.
many wants the Republicans to break
away from Fusion and nominate Whit.
man for Mayor. All the week there will
be finesse playing in the political game
The evening world., 1913-08-18
NEWPORT Stirred
BY MYSTERIOUS
JEWEL ROBBERY


NEWPORT. r. l., Aug. N..-rash,on.
able Newport was stirred to-day when
II became known that the jeweiry store
Of Hermann on Thames street. the prin.
cipai one In the business section Of the
town. had BEEN entered by robbers snd
Nundered Of $1,000 worth Of gems.
Hsrrmann's. which 10 conducted By
George A. Wood. 10 popular with the
-Four Hundred here for hurry orders
and on the books Of the Arm appear the
names Of all the leaders Of society.
The robbery. which hes mysterious
features. occurred some time between
Saturday nisht and early to-day. When
he osrtsr Of the store opened the side
door this morning at Z o'clock
he found the place IN eonfusisa.
He ran 10 the safe and there
found siycerins, powder ana other utsn-
siis Of bursiars. He gave an alarm and
invsstisatson showed that the robbers
must have been frightened away before
they could blow open the safe. which
contained a s2so,ooo worth Of Jewels.
Near the safe lay . perfect set cf
burglars tools which the robbers lad
evidently left In their haste to get away.
Three show cases were broken and from
one Of them had been taken sii Of the
jewelry left there. A fourth, lett up.
touched. contained Jewels worth many
Thousands Of dollars. This comprised
mounted gems. unset stones and watches.
Asked ~ to the reason for leaving
such valuable jewelry In the ordinary
show case. Nf. Wood maintained that
the case not only vas hight In the
front part Of the store but had q DO ower.
ful light shining on Il throughout the
ni8ht. Thamss street 10 always crowded
and many PERSONS are sissins at all
hours Of the night
, Examination Of the doors failed to dis.
close any forced entrance and every
The evening world., 1913-08-18

said TO have opposed her marriage, sr
ranged for distinguished counsel 70 d.
fend him. Toren's giri-wife has sincS
divorced him.
After roren's confession and sentence
one OF his tools. . guileiess young fsl
low scarcely out of HE teens. va
trisd before Judge Malone and SENTENCED
to one year. Al the time he SENTENCED
the iad the Court severely criticised tn,
District-Attorney's once for allowing
loren to escape With one rear.
II 70 also recorded that In ssptembsr.
1901. there occurred the romantic mar.
riage OF Henry Francis loren. who was
then described ~ q publisher Of Grand
Rapids, and Helen Leopold, the eigh-
teen-year-old daughter OF simon Leo.
pold. . wealthy resident Of Bangor. Ne.
After . civil ceremony . religious core.
mony. At the suggestion Of the brides
father. took place In the parsonage OF
1t. Marks church. No. 232 East Eleventh
street. the ceremony being performed by
the Rev. Loren Batten,
Following his release from Black Welt Z
Island loren secured employment In q
printing once and. last year. he was
to b found In room l0ii. No. 81 Liberty
street. where he had desk room. and
was In the catalogue and price lie,
business. II was said. He left tho
Idberty street building last fall. His
name. followed by the word printing. -
now appears In the telephone book with
the addrsks Of . Park Row building
where he has been Q sub-tenant.
At this address no information could
be learned about Toren's activities. I,
being explained that he u seldom there
In the daytime usually doing what hs
has to do there At night In this once
have been found big bundles of out-of.
date chances In the pools conducted By
loren.
The evening world., 1913-08-18
ROSEv|lLE BANK
OFFICIAL HIDES
SMITH, SAY POLICE
Detectives Watch Place in
Town Where Missing Treas
urer Is Thought to Be.

Raymond r. smith. treasurer ana Sec
rotary and virtual manager Of the Rose
Vile Trust Company Of Newark. N. J..
whioh the state Banking Department
csossd last Wednesday whsn . shortaes
Of moro than . quarter Of . million dos-
iass was discovered. 10 stiii missing. DE-
tsctivss ~. however. that shsy ere rea-
soaabiy sure ne y IN hidinG IN . bust.
asss block near the Tour Corners" as
&hs busy crossing a Mar1.st end Broad
streets 10 known. They declare. TOO.
that Ne IL being protected BY . hiGh Of
nciai Of the BANK and they are watching
the house.
The charge that another bank of,cisi
10 shielding Smith gained added signih-
eance from the declaration Of L. r. vrs-
den1burgh. Deputy Assistant Chief Of the
State Banking and Insurance Depart
ment. who has conducted the investiGa.
tion into the company's Affairs. that
poor loans which would have required
the oognisance Of some ohiciai other
than Smith we're responsible for the clos
Ing down Of the institution. Mr.. vre-
denbur6h said that no cash was missing.
but that the liabilities represented by
deposits had been found TO exceed the
cash shown by the books. q situation
brought about by bad loans.
Detectives have started Q search for
Smith's chauffeur. Patrick Tracey. II
has developed that Tracey. though IL
brought Smiths car 10 the treasurer's
homo on tho day he disappeared. did not
ride With him. but returned to Smiths
garage In Orange, the Oakland Motor
Sales Company. There he worked until
Saturday and then disappeared himself.
The poiios think Il possible he has
Joined smith,
The investigators are learning more Of
Smiths private affairs daily. II appears
now that perhaps his automobile busi-
ness was = losing venture. II was his
custom 70 sell cars for which he had
paid full cash prics to the makers, on
long term notes and look for his profit
IN his ability to discount these notes at
less rate Of interest than they bore
Many purchasers on these terms ass
said to have defauitsd paymGnt and to
have turned back on Smiths hands cars.
no longer new. but for which ehs dealer
had paid full price.