davidaulloa/AmericanStories huggingface dataset:
The sun., 1919-05-10
function not within the legitimate field
OF "a court OF equity

function not within the legitimate field
of court OF equity
Property Valuation Disputed.
The lawyer disputed the company's
valuation OF it's property at sss,6e7, 700
and it's statement that duplication at
this time would greatly exceed that
sum. He alleged that the valuation was
arrived at by faulty methods and that
the estimate OF present cost OF duplica-
ton was a bald conclusion.
In reference to the company's claim
OF s12, 200. 600 as going value. claim,
based on a deficit in net earnings as
calculated against "A . per cent return
and blamed on the so cent gas law, Mr.
tombstone said
There are no facts alleged in sup
port OF the plaintiffs conclusion. This
item cannot be added to the total value
of the complainant's property and 1t
does not constitute going value as the
term IN understood.
The claim is that the statutory rate
never was adequate. And yet not a
single allegation OF fact is set out to
show what return the complainant did
earn during the years the statute has
heen in effect Not a single allegation
OF fact does the bill OF complaint con
Ialu as 10 Wnht the earnings were III
the years from 1905 TO 1917 what divi-
dends were declared or the receipts and
expenditures
The complainant conoeals from the
court all these facts. 1t complains that
it has not been receiving fair return,
hut II carefully refrains from letting
the court know what 10 did receive or
earn.
"Conceaiment is the keynote OF the
bill Of complaint. And concealment will
not do when one is seeking the inter
vention OF a court OF equity. Although
the facts are concealed the real object
of the suit il revealed. II is to procure
an annuiment OF the law in order that
the complainant may charge the CON
sumers of gas such a price as will
enable II to pay to its stockholders a
net profit OF 10 per cent. Ought
court OF equity annul law ~ the state
and permit the complainant to impose
an additional annual burden OF $4,000
900 on the public in order that its
stockholders may enjoy complete inn
munity against economic distress that
/ ia universal?
THE bill Of complaint plainly dis
I closes on its face that the alleged hard
ship Of which the gas company com
| plains is due to temporary economic
! disturbances caused by the war and not
] in any true sense to an arbitrary ac'
! OF the Legislature. Therefore, II
plainly appears that what the complain
| ant il seeking is to have a court Of
! equity readjust the laws OF the Stat
to meet this economic condition, or, il
other words. to amend the legislation.
Mr.. tombstone asserted that the com
plant did not give figures for the year
between 1906 and 1917 and gave figures
that explained nothing for 1918. He asket
how much money was paid in dividends il
1913 and what was the rate OF dividend
The sun., 1919-05-10

attitude. I would not ask my party To
agree with me- but I would ask II TO
state its position, and I will soon deter
mine my course. despise a coward and
/ hate a traitor"
Tho purport OF the letter caused little
surprise among senator Borah's friends
who have known for weeks that he has
been chahng at the failure OF the re
publican party to take decided stand
on the league. holding consistently that
II is a matter of principle and that as
such possible defeat in 1920 should not
for a moment be q consideration. The
strong terms used in II, though. were
hardly expected even by those familiar
with the Senator's views
The sun., 1919-05-10
BELGIUM COMPLAINS
OF BEING IGNORED
Nation Upset by Mandate for
British IN East Africa.

BRUSSELS. May Some OF the Bel
gian newspapers point out that Ger
many by admitting defeat must submit
to the consequences. Etoile Beige is
OF the opinion that the hard terms do
not even indemnify the Allies for their
losses The newspaper expresses sur
prise that the proposed stipulation re-
garding British and American support
OF France in case of attack was not
also made for the benefit OF Belgium.
The Independence Beige says that Il
is impossible for Germany TO offer
further resistance or to refuse equitable
reparatlon. The Socialist newspaper
People says.
Regarding the revision Of the treaty
OF 1899 II In desirable that Belgium
apply as soon as possible to the real
League Of Nations. instead OF finding
herself at the benevolent discretion OF
the three nations" and considers that
the distinction between the principal
Powers and~the others should be re-
| moved,
PARIS. May s-After Paul Hymans.
head OF the Belgian delegation. had dis
cussed the rights Of Belgium in German
East Africa to-day. David Lloyd George,
the British Prime Minister, telegraphed
V3scount Miner. Secretary for the Col
onies TO cone TO Paris. on his arrival
! here questions concerning the East Al
rican ma ndate will be considered again.
The Belgian delegation has issued a
note relative 10 Great Britain being APP
pointed mandatory for German East
Africa, 50 wing that il ia unable to be-
lieve that this action has been taken by
1 the Council Of Four
Tn view OF Belgiuu's important mill
tary operations in Africa, her sacrifices
to insure the conquest Of German East
Africa and the fact that her situation
| has given her rights on that continent"
| the note says. Belgium is unable TO ad-
| nit that German East Africa could he
disposed OF by agreements in which she
| has not participated.
The Belgian delegation called at
| American headquarters to-day and
made energetic representations regard
| ing the mandate for German East
| Africa
The sun., 1919-05-10
REFUSES TO QUASH
80 CT. GAS LAWSUIT
Judge Meyer Sustains ConsOli.
dated's Right to Try to
4. Invalidate Statute.
ECONOMICS SIDE ISSUE
Special Master to Hear Case
After an Order Is Set
tied May Is.

Federal Judge julius NJ. Mayer re-
fused yesterday to dismiss the suit Of
the Consolidated Gas Company to set
aside the so cent gas law. The ruling
was on motion OF District Attorney
swami. who was named as a defendant
with Charles d. Newton. State Attor-
ney-General, and the Public Services
Commission. Judge Mayer heard oral
argument. Robert s. Johnstons argued
for the motion John A. Carver OF
counsel for the gas company opposed 1t.
Mr.. tombstone said the complaint did
not state facts sufficient to warrant a
trial Of the suit on its merits. He said
Wat the bill was made up OF generalities
and conclusions that tended to conceal
the facts rather than to illuminate them.
He declared that no good reasons had
been presented that would justify put
ting the defendants to an expenditure OF
$500, 900
Mr.. tombstone said that the plaintiff
asked for a permanent injunction t. re-
strain the District Attorney from en-
forcing the so cent gas law on the
ground that it Is conhscatory. He
added
While il may now be taiSen as def
nitely settled that the jurisdiction OF a
court OF equity may be invoked 10 re-
strain. by writ OF injunction. State
officers from enforcing laws which by
their enforcement and operation are
coniiscatory OF rights OF property, 1t is
| equally well settled that the ,Jurisdic-
| ton should be exercised only when in.
tervention IL essential in order to effec-
| tually protect property rights against
| injuries otherwise irremediaDIe. and
then only when the injury is made &c
| appear beyond all doubt.
We take the position that the ques
| lion involved, under the facts in this
| case. presents an economic problem the
| solution Of which Is a State Legislative
The sun., 1919-05-10
swEARs HE NEVER MARRIED.
Brocklyn Park Employee Thus De-
tends Separation suit.

Justice Van Siclen granted a decree
OF separation yesterday to Mrs Har-
riett Shipman Hill from Clarence l.. Hill
II tl2l Bedford avenue, Brooklyn. Hill
IL employed as a clerk in the department
OF Parks at $4,000 year. The couple
were married in 1908 and have no chill
dren. Mrs. Hill alleged abandonment
and non-support
Hin set up az defence that he nc yer
had married. Handwriting experts testi-
field that they believed that his signature
signed TO marriage license was writ
ten by Hill Justice Van Siclen in his
decision said that either the suit Of
Mrs Hill was blackmail or the testimony
II Hin was perjury and was inclined 10
believe Mrs Hill was the more credible,
The question OF alimony will be decided
alter
The sun., 1919-05-10
ORLEANS DEMOCRACY
BROKEN BY SMITH
Names c. o. p. Leaders Man
as County Judge.

MEDINA, MAY 9.--The elevation by
Gov. Smith Of Gerald -. Fluhrer. VII
lage attorney TO the Office OF County
Judge and Surrogate OF Orleans county
has rent what IL left Of the Democratic
party In Orleans county.
John J. Ryan. n leading attorney OF
the county. had the Endorsement OF "A
majority OF the members OF the County
Bar Association as well ~ the Judges
OF the Eighth Judicial district and was
regarded as splendidly equipped for the
place made vacant by the death OF Fred
L. Downs OF Medina. Fluhrer's appoint
ment had the backing OF the Republican
leaders in the county. whose political
ally he is said 10 have been. This coali-
ton has resulted in the practical eiimi-
nation OF Democratic opposition In
Orleans county.
The sun., 1919-05-10
ATTACKED IN HALLWAY.
Hoidup Man Beats Actors wife
on Head,

Mrs. Jesse Whitelaw, wife Of an actor
was beaten on the head In the hallway
OF her apartment in 257 West l29th
street Tuesday night. IL was learned yes
terday. and robbed. She ia confined &c
her home with a severe scalp wound AND
possible fracture OF the skull. No for
mai report On the affair wss made by
the police. although IL was said that de
tectives OF the West 123d street station
were investigating.
Mrs. Whitalaw said that she was as
cending the stairway when a man came
from under the steps and drawing a re
volver demanded her money. She
screamed and he struck her with the but
OF the gun. Tenants saw the man ruT
toward Lenox avenus and disappear
The sun., 1919-05-10
TERMS DIsAPPoINT LABOR.
Illusions About Wilson Peace
shattered. Says Paris.
Special ca6ie Despatch 10 THE SUS.
Ea.,,xf1lr Ia,a. all rialfx rS.s,,,d

Special Cable Despatch 10 THE SUS
Cogyrish!. 1919; al ri1Ats rsserted.
PARIS. May 9.-socialtst opinion here
has been hesitant in commenting on the
treaty terms, its reserve revealing dis
appoint mert among the labor masses.
VINO In the words OF one OF their leaders
had their Illusions about a Wilson
peace shattered one after another as the
conference drew near it's end
lie Populdire, an extremist and Boil
shevist organ. il FIRST to comment on
the treaty, which II characterizes as a
peace of oppression ard injustice" In
the Saar basin arrangement it pretends
to see the first germ n the next war and
the establishment oHPoRsa sovereignty
over Danzig. even under the Aegis OF
the League Of Nations, il called mon
strous act in violation Of the rights OF
peoples.
The sun., 1919-05-10
wants Real stand Defined

Very well. let it say So Let Il sur
render its place IL il wants TO as the
defender Of American institutions and
American ideals. And let those who
would abhor such hideous cowardice
fumigate themselves and get out.
Even this would be more honorable
than to go skulking through such night
without views or convictions or even an
The sun., 1919-05-10
Daniels Embarks for Home.

BREsT. May 9.--Josephus Daniels. the
American Secretary Of the Navy, arrived
at Brest to-day from England. He EN-
harked shortly afterward on the trans.
port Mount Vernon 10 sail for home with
the troops OF the Thirty-third Division
The sun., 1919-05-10
Aatscr.ts % SIT in Geneva.

1T involves the establishing OF an
autocracy. which, sitting behind closed
doors In Geneva with a jurisdiction un-
defined and therefore unlimited will
hold the power of life and death over
our kith and kin. Whether one sees in
this a possible good or a wiser policy
than that of the past, or whether one
looks upon it as 7, do as a base and
treacherous surrender OF our national
honor and a betrayal Of our people, still
II must be conceded that IL IL a matter
about which only cowerds and political
pimps could have no convictions
Can partisan under such clTcun-
stances ask. what about 1920 Can d
political party under such circumstances
stand sside--can IL jayhawk between
the lines and still expect to hold the con-
fidence and respect OF a vigorous and
brave people? Can 1t decline TO have
opinions? Can a Republican go feeling
and smelling around as a white livered
satellite, Of base expediency9 1t would
be a thousand times better to stand forth
even II defeated with certainty.
II the Republican party could even
through defeat save the sacred trad .tions
Of America. preserve American inst.tu-
tons and maintain unimpsired the indie
pendence and untra mmelled sovereignty
Of the Republic IL would render a service
second not even 70 its heroic service I'M
der the leadership OF the blessed martyr
But suppose 1t should be said 10 such
men az myself that the party might he
In favor Of the proposition
The sun., 1919-05-10
PENROSE WILL
! CAUSE REPEAL
OF LUXURY TAX
New Senate Finance Chair.
man Also Promises a
Budget System.
WILL RUSH MONEY BILLS
Believes That Economies Will
Result in Lighter Burden
on People.
sp,c.nl DcspntcA 70 rsr srN.

wAsHINGToN, May 9.--Senator Pen
rose ,Pa. }. who will he chairman of the
Finance Committee in the coming Con-
gress, outlined to-day the scope or tire
legislation which ne expects to come be-
fore tho extra session. In his opinion
the subjects for Legislation will he en-
actment OF budget system. repeal Of
the luxury taxes in the revenue bill m
vestigation OF war activities and the
shipping board and the passage of APP
preparation bills which failed at the last
session. Senator Penrose said:
1.-THE first task of Congress OF course
will be consideration of the appropria-
ton bills which failed OF passage m the
last Congress These bills of cours
have TO be passed before the end OF tbs
fiseaI year Congress should have beer
called together a month ago or 1907
after the expiration Of the last Congress
TO consider the appropriation bills ane
other important measures pressing toi
attention Later other measures VII
prolong the session indefinitely.
so far as revenue legislation is con-
cerned il is likely that the resolution
will be pressed for repeating the So
called luxury taxes. These taxes were
inserted in the revenue bill by the Rouse
Ways and Means Committee under
stress Of war conditions and later after
the sarmistice we're eliminated by the
Finance Committee Of the Senate with
the concurrence OF Treasury officials as
be.ng harassing and difficult Of enforce
nent and at the same time producing
little revenue compared with the ex'
pence OF collection.
The sun., 1919-05-10

Two Americans Reported Dead.
OTTAWA. ont. May 9-B. Morgan
Los Angeles, and ]. a. Watt Of Brook.
lyn are mentioned In to-days Canadian
casualty list under the section re-
ported died"
The sun., 1919-05-10
Congress Planned Repeal.


uxurv taxas were nut back in the bill
oo ~, a.. ~ tho Sapata under a mis-
annrahon.;a,, - ,bai- cbaractar The
a.>,,.t.,, ,,>aa,,.,r ,ho.a ,avas ,,o,,,d
49, ,,a,,s.,,i -, ~ -, fN,,,grass had II
baa o1asidara,,o,
.psrhans ~. n,ost ,,,-or,sn+ la7,s,a-
~ - $500 s,d -alatsd - -svsnnes
:. ,.gisIafion - nrov,da for hud0at
.y.,sn, ara bv ,bis rraan a budget
s.,s.o,,, - 20 adr,tois,-ati,a ara lag-
,.,.,.,a rL., a.; 49,, alr,,s, oo,nnlsts
ah-a,,oa % h,,daa, s,,stan, in the yov-
.rnn,ant ana mis- f.ct topethar with
~ haht, AZ oxtr,ysganca ana wssteful
sYnandjt,,res davaIoned NV the war will
proiuce a chaotic condition IN the ac-
co,,nts NJ the Government unless the
go, s,.s,a,,, 10 ,,-o,on,I,, nrovided for
re- suh;.ct sl,asdv has the attention
80 go 30 ,bs n,osy nrominent business
- -a,,,,,r,, -, ,,.aIl a. ~ axecu
-. a., Iaai.latt,,s ds,.rtnen-s
.sr -, ,,I,,d .ba asta hIIsb,,,ant of
,,, h,,,sa, syztsyo IA the most i'm
ss,i, Tafar. C'nnoress as
,,Itin,ata,v ralated 10 N.
Ell -. - 20 ,orr,,ists an
STEPS are oes ~ a,,a,, a. on
IhquH! ~ ,h,s Oh Ironortan+ oues-
ealy ua'e o'' ''''' al
~ ata- ~ sayr, az nrsotinsbIe the
pues'Io" Vi S'"F'iiF -, -.
~ simnlifvIng the tax returns indlvid.
nsIo ana cornorstions must make out
~ Iii ha -dI,, he daniAd that inc tax re-
-. % tbair ,rasant form are ineom.
.a.,h,a % ne aya,aga taxnsver .
.. ..,,a,,,a, Oh, nay Congrasz will,
sanstnr panrosa said
-. ss,,o,to,' - aoseshIe Increase in
t -. -. - az hndgat s,,stana
sv.ggaratio1 10 saw that ne
20 nv 1900 lei .ba C,oya-nmant
,"i ~ ~ lection N sirs ever
$780,. tr.iraation o. m how grex
we vae ,,a,,si,,,ra., ,,btcb the CO.
-'I 20 ~, ~ aoIIoa -, "a ,oal.a d,,rIns
L,,
e.. 60 'ci.arlv is IN find on, IN,
t,a,an,s A. II IA nov the differ
80 Cahinet others make their own in
,,rl6,,aI recommendations without an,
conIsrt 81 action. as was illustrated b,
= ,ha situation described by me In the las
san9ress in A speech in the Senate
where il was shown that nearly SO,
600. 900. 600 had been actually recon
mended by Cabinet officers or reported
1aycrably by committees or In the way
of being acted on favorably over ant
above the actual estimated expenditure
of the Government, including the wa
expenditures.
ECONOMY '"'
ut would seem that we would have u
ana out the growing deficit which II
being incurred by the Railroad Admin
1suation before we can discuss tn
amount OF money which the Treasury II
The sun., 1919-05-10
BORAH ASKS STAND
ON LEAGUE BY G. O.P.
Demands Decision SO "Haters
Of Cowardice" May "Fumi-
gate and Get Out"
ASsAILS FEAR OF DEFEAT
Says Pact Makes Z. s. a Vassal
Refers to '.White Liv-
cred Satellites
Special Despstch 10 THn Sex.

WAsHISGros. May a--In a letter to
the editor OF a Boston newspaper made
public here to-day Senator Borah
(Idaho) demanded that the Republican
party go on record for or against the
League OF Nations, go that IL it approves
the compact men who abhor such hide
Gus cowardice' may "fumigate them
selves and get out" The letter follows
IT have Just read your editorial OF the
5th entitled Defeat is better tnRn de-
sertion' and / cannot refrain from ex-
pressing my sincere admiration for this
courageous and patriotic stand IT Ia
ume we read just such messages.
We have before us now question
greater and sraver than any other which
as a people we have ever considered. II
involves the abandonment Of the policy
OF Washington. under which We have
acquired our present prestige and power.
and the surrender OF the doctrine OF
James Monroe, under which this Western
continent has been kept free from the
blightIng systems and the turmoils and
decimating wars OF the Old World
1T involves our taking on the obliga-
ton OF furnishing money and men to
hold in fixed status the boundaries OF all
the nations OF Europe and Asia fo- all
time and OF sending our soldiers at :he
dictation OF foreign Powers TO serve as
policemen in the swanfps Of Siberia or
the disease stricken regions OF southern
Asia. 1t places the question OF peace or
war, one quite a. much as the other, not
In the keeping of our people nor in tho
keeping of those who must pay the taxes
and suffer and die in battle. but in tnu
control OF those over whom we havs not
! and over whom no people have control
The sun., 1919-05-10
AMUsEMENTs.
AMUsEMENTs.

II ~ ''"'' TEE ! ~ $3.50 1890
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1919-06-27
THESPIAN BALL
GRAND AFFAIR
Many Men Crowd In to See
Stage Stars

Many. many men crushed into the
Masonic temple last night TO get a
closeup Of the stage folk at tho first
annual actors ball.
Signing Johns. who heretofore
have been forced TO worship from
afar, had the time OF their lives
dancing with the dancing girls from
the Oak and tho beauties from Gene
Ievy's orpbeum. Stars from tho
Wilkes also graced the ball. and the
dancers from Pantagcs were there
only the shimmie dancers didn't
shifn.s They were there Just 10 dance
Ike other mortals.
Mayor Hanson and Mrs. Hanson
took In tho doings. as did Chief OF
Police Warren and Mrs. warren.
also Capt OF Police Eliza l.. Hedges
and Mrs. Hedges Carl Reiter. man
ager Of the Moore theatre, floor man
aged like he knew his business. Vic
Gauntlet, the fearless press agent.
smoothed away all rough spots, and
the Job kept him busler than n Bol-
shevik incubating n brand new revo.
luton. Yes, yes; n good time was
had by all.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1919-06-27

behalf OF HIS unrestricted creed--an
all-cmbraeing and ali-suffiolent Chris.
tianiiy.
Hcrr This Week
The kid Is In Seattle this week.
under tho auspices Of the Pacific
CoaE, Rescue and Protective Society,
Mrs. A. 1. Gordon. superintendent.
The man who defeated WolgAst.
Tommy sullivan, Jack Mcclellan
wehstsr, Pendcrgast and other ring
iuminaFios OF tho palmy days. Ia ex.
pounding hts version Of Christianity
az tho different churches OF tho city.
driving his arguments home in the
old viriia way that carried him 10 n
top-notch niche in the ring game
Sunday night he with speak at the
Dunlap Baptist church. his topic be
ing '-rhe Great white Throne Of
Judgment
Mccoy intends 20 put In two
months hard cvanxcllstic work In
the Northwest lie left for Tacoma
late Thursday. 20 appear three
nights at tho Tacoma city mission
and Sunday morning at the FIRST
Baptist church of Tacoma Tuesday
night Mccoy will speak TO an audi.
cnoo Of 600 men In tho First Baptist
church Of Everett. From Everett he
will proceed 20 Vancouver. - c.
one point the KID IL inzlstcnt on
that IL. he didnt absorb hls re-.
iiEion from Billy Sunday Another.
that hla drilVrrv lr sfrlrftv original
Mccoy was Sundays physical al.
rector when the latter was on a
speaking tour in 1914
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1919-06-27
BORAH AGAINST
LEAGUE PLANS
Says Program Must Meet
Issue OF Americanism
BY T. e. MARTIN
United Press Corrrspondrnf

WASHINGTON. June Ex-senator
Borah made II plain today he WIN no,
BE- satisfied with any plan regarding
the league of nations which he does
not regard as meeting the issue OF
Americanisrn versus intrrnationaiiun
without equivocaiion.
II Chairman Hays OF the r~puhlt
can national committee comes out for
a program of effective arnendmani.
Borah and tho~e who arc with him
may be expected TO support that pro.
gram. II was learned.
Some OF them are beginning 20 re-.
aiizs. they admitted today. that a
league IN some form n Inevitable.
limitations were allowed TO aeep
out from republican circles tod a
that 81 votes hav, been pledged
against article 10 tthc Monroe doc.
trine clause) Of the league covenant
fnaamuch as Mt least two republi.
cans. McNary and AcCumt~r. have
already announced they will vote for
article 10 as II stands. the pledged
vote must include az least four demo
Gratis.
Administration forces said there
are only two democrats at all likely
to vote even for amcndments--Recd
and Gore.
From cities which have been men.
toned as probable stopping places in
President Wilson's projected tour. In.
viiations are coming In 10 Borah and
Johnson. they said today. to appear
in answer 10 the presidents argu.
ments.
The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1919-06-27

behalf OF his unrestricted creed-an
ail-cmbracins and ali.sufficlent Chris
tlanlty.