davidaulloa/AmericanStories huggingface dataset:
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15

the Parish of Assertion 33rd Ann.
566, and Heirs of Leonard VS.. Baton
Rouge, seth Ann. 2S5."
In all these cases, the court was
simply affirming what had been said
in the case of Brown vs.. Duplessis.
14th La. Ann. S42, wherein the Su-
preme Court held that q street rail-
road company was a public agent.
and that the city would operate pub
lie utilities directly, or employ an
agent for the purpose.
In employing the ferry contractor
as a public agent in the accomplish
ment of a public purpose through a
special contract, and authorizing and
requiring him to incur debt under the
contract, which the city was to pay
or to provide for the payment of at
the end Of the lease, the city Of New
Orleans itself undoubtedly created a
debt. When the city authorized the
agent to create the debt. she also, in
the contract, promised to pay it, and
mo- subsequent legislative or consti-
tutional provision, limiting the power
of the city to create debts, could i'm.
pair the obligation Of that contract or
compel her to repudiate the debt
formerly created under and within
the law.
Even II the Constitutional Amend.
ment of 1916, providing for the nine
million bond issue, directed the city
Of New Orleans to repudiate this debt,
that Constitutional Amendment It,
self would be unconstitutional as vio-
lative Of the Federal Constitution
which forbids and State to pass any
law impairing the obligation Of con-
tracts. Such an attempt to repudiate
pre- existing debts was the subject of
the premium bond decisions In which
our Supreme Court and Supreme
Court Of the United States held that
legislation prohibiting under penalty,
the Mayor and Council and Tax au-
thorities from levying any taxes for
bonds other than premium bonds,
was violative Of the Federal Constitu-
ton.
Enough has been said to show that
1t Is not proposed that the city create
any new debt in order to take over
the ferries through q Public Ferry
Commission, but It Ii proposed that
the city shall pay the debt through
such public ferry commission. In
stead Of transferring the debt to
another contractor at the termina-
ton Of the lease. the city will trans
fer II to the Public Ferry Commis-
sion. The debt must be provided for
in one way or another. and the city's
right to borrow the money to pay IT
cannot be controverted. In trans
ferring the debt to another contrac-
tor. the city would be borrowing the
money from him. because any new
contractor other than the present
ferry company who acquires the lease.
would necessarily have to pay the ap-
praised value Of the ferry property.
because the city did not pay IL, but
required him to pay IT.
Il b innatsriaa to the contractor
ssder the expiring Lease who pays
him the APPRAISED value Of the fer
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15

ries. II the city have not the money
she must either borrow II from q
bank, or from the new lessee or con-
tractor, because he must pay the
amount at once, and the former con-
tractor upon this payment must
peaceably leave the property in the
possession of the new agent.
There can internationally be, there
fore. no valid legal objection to the
city's providing for the payment Of
this debt after the termination Of
the lease; on the contrary, It IL her
legal duty to pay the debt directly
or indirectly. and that duty the
courts In case of default on the part
Of the city would compel her to dis
charge. A public ferry commission
composed Of representative citizens
may be organized along the lines Of
the original Belt Railroad Commits
sion established by Ordinance No.
1858. Council Series. This commits
sion would act az the Belt Railroad
Commission originally acted. not only
as an advisory body to the Council,
but as an operator Of the ferries.
In my opinion, the question whether
or not the city shall take over. main
tain, and operate the ferries, either
directly or through the instrument
ality Of municipal agency Is one Of
policy only.
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15
InoRNEY McGUIRk GIVES OPINION
ON CITY OWNERSHIP OF FERRIES
Debt Was Created Obligation Purchase Ferries Prior
To Nine Million Bond Issue
REPRESENTS ALGIERs CITIZENS

The debt created by the present
ferry lessees under their agreement
with the city originated long prior
to the passage Of the Constitutional
Amendment of 1916, prohibiting the
city or any board or commission
created by it, from creating debts, ex-
cept for the certain purposes set forth
in the amendment.
The legality of making use of pri-
vate individuals or corporations as
public agencies in the accomplish.
ment Of public purposes through
special contracts, has been FREQUENT
ly recognized by the courts Of the diff.
ferent states, notably In the case of
Louisiana Construction Company VS..
the City Of New Orleans, 140 U. s.
Reports, 662, in respect to the sugar
sheds contract. That was a contract
similar to the contracts for the erec-
ton Of markets which become public
on terms. The contractor agrees that
II he be allowed the privilege of col
lecting the revenues Of the property
for a certain number of years, that
at the end of the term, the city may
buy them at their appraised value,
or take them without payment.
In the cases of the Clearwater.
saltwater and Breakwater, the Fed.
eral Court held that the wharf
lessees were agents of the city. In
Fleites VS.. City of New Orleans, 51st
La. Ann. uage rs, the court held that
the shugar shed contractors were
public agents for the accomplishment
OF a public purpose. In st. Annals
Asylum VS.. City of New Orleans, 104
La. Ann. page rs, the court held that
of Fleitas VS.. City Of New Orleans,
and cited approvingly the case In the
40 U. 8. Reports, holding that it was
legal to make use of private individ-
uals or corporations as public agen-
cies In the accomplishment of public
purposes through special contracts.
The court said: an making that
statement we were merely reiterating
what had already been said by this
court In Brown vs.. the City of New
Orleans, 14th Ann. S43; Kline vs.
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15
The Great Oliver.

Christmas is the birthday Of Jesus
who never gave the world a dollar, and
bestowed upon mankind no other ma
terial gift. HE carved no statue.
painted no picture. wrote no poem,
composed no song, fashioned no piece
Of jewelry, built no ediflce. founded no
city, erected no triumphal arch; but
He stands In history - the Great
Givsr." Such A. He had He gave: the
sympathetic hand, the genial mind, the
generous heart. the courageous spirit.
which all worked together to build up
out Of the human the divine. The Fa-
Their gave NJ hrst His universe; then
He gave His Son: now He offers His
Spirit.-Adapted.
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15

=, Arthur McGuirk representing
!. Alsiers Ferry Committee. in an
,.,on addressed to Commissioner
81 n Murphy, sets forth how the
c.v NJ New Orleans may purchase
- ,resent Canal st. and Third Dis
.-,et ferry property and operate 1t
.ssoueh a commission. Mr.. Nc
euirk opinion follows:
December 9Th, 1921.
uos Richard M. Murphy,
csmmissioner of Finance,
CITY.
Vhsn the City of New Orleans, in
~ uast. established and maintained
,srr,es. the city did so in pursuance
= /. charter obligation, acting in her
spacity rs an agent Of the State OF
Iruisiaaa. Instead of operating the
gerriss directly, the city did so
sl,ough the fundamentally Of con-
t,.efor. the contractor thereupon be-
orming. public agent. In order to
smip himself to do the work, the
Extractor was required to provide
f1rfiss, pontoons or floating wharves,
.hors connections, vehicle gang ways,
ferry houses, etc.
Under the agreement, at the term
inntlou Of the lease, the contractor
~ 70 surrender the ferry system, in
du6ing boats and improvements in
eood order and condition, upon pay
mt q their value by the city, or by
neh purchaser who bought the privi-
~ Of continuing the ferry system.
Tnis stipulation created 9. debt which
u city was obliged to pay at the end
Il ths lease.
he custom of the city has been,
\ tinss past, to provide for a trans
fHsnce Of this obligation to pay the
appraised value Of the ferry prop
ny. to another contractor or lessee
4 the ferriss. The debt, however,
ooatinusd to exist, and 1t exists now,
ssd IL payments, either by the city
b b. another agent Of the city, can
not b avoided.
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15

Beat to q cream i've level table
spoonfuls Of butter and one cupful and
Q quarter Of sugar. Add 81 squares
Of unmelted chocolate, three unbeatsu
eggs and one teaspoonful Of vanilla
and beat together until smooth. Sift
81 level teaspoonfuls Of baking pow
der With one-half cupful Of flour and
STIR In with the butter. sugar and ego
mixture. Then add alternately milk
and -four until you have used three
quarters Of cupful Of milk and one
cupful Of sifted pastry hour. Beat
smooth and bake In q loaf In q mod
crate oven. Pastry nour Is always bet.
ter for cake than bread Hour.
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15

After Santa Has Filled to Der.
towing
the stockings Of each girl and boy,
with trumpets and horns made for
blowing. and every known kind Of a
toy-I wish that he'd buy me pres.
ent, q gift that no other could match.
that would make me feel jolly and
pleasant-someN woolens that never
would scratch.
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15

II is usual in England to serve
what American housewives call 'soft
sauce" with the Christmas plum pud-
ding, but the delicious hard sauces"
which we ourselves affect make .
nice change. Soft sauces take tho form
Of thin hot custard. which win b
all the more creamy II few Spoon
fuls Of condensed milk are stirred In
after the custard II made In the or
binary way. Another favorite sauce
is made by adding sugar to melted hut
ter
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15
Just cemmen Humanity.

The very serious trouble with moD(
people Is that they are human, like
ourselves. They react in the same
way under the same stresses. Thsy
also want sympathy, and are looking
for q friend. They, too. heartily CO.
Joy being appreciated or at least .un-
derstood. Burdens that are heavy for
u are heavy for them. It II ~ easy
for them to watch other people ct
work ~ II II for ~. They, likewise
enjoy picnics and parades.-Exchangs
The herald. [volume] (New Orleans, La.) 1905-1953, 1921-12-15

Il should be borns IN mind that
much Of the peasinism nay Be due =
hay fever.
Bisbee daily review., 1921-06-07
Body Of Veteran Will Be Buried
 By Legion Men

\ The body of Phillip Cornelius Mclaughlin. of Bisbee. member of the 353rd Infantry. S9th Division, who was gassed i'll the Argonne and died October 10. 1917, in hos pital in France, will arrive in Bis bee tomorrow or Thursday, and will be given a military burial un- der the direction of the L. A. En- gle Post of the American Legion. The funeral will be held probably the latter part of this week.
 The mother of the deceased. Mrs. Sam Watkins, resides at Win wood Addition. and three brothers. James Arnold, John and Glenn Mclaughlin. are residents of tire Warren District.
 The hOdy will be escorted to the cemetefy by members of the Amer ican Legion. and the customary military ceremonies will be per formed there. Definite arrange ments for the funeral will be sn- nounced later.
Bisbee daily review., 1921-06-07
DISARMAMENT
 UP T0 HARDING
House Foreign Affairs Com mittee Concurs In Declared
 Purpose Of Executive

WASHINGTON, June 6.-By 14 to l.. with two Democrats voting pres. ent, the house foreign affairs com mittee reported today joint resolu- Harding the master hand in calling an international conference on disar- mament
 Rejecting the same resolution, it approved year ago, the committee "concurred in the declared purpose" of the president to call such a con- ference and sent it's new measure to the house as virtual suggestion to conferees on the naval bill that it be accepted as substitute for the Bor- ah amendment authorizing and re- questing the president to call a naval disarmament conference of Great Britain, Japan and the United States.
 It had been expected the bill would go to conference today but the mo- tions was held up until tomorrow.
 Republican committeeman with on ly one absentee, stood solidly on the resolution prepared by Chairman Porter The whole question of disar- mament, both naval and military had been placed before the committee.
 Taking up the Brooks resolution from the last congress, reported, but never acted on by the house, Repre- sentative Flood, Virginia, ranking Democrat, fought to have it adopted again. but found no Republican sup. port It would authorize and request the president to ask all the powers to send delegate to a disarmament conference.
Bisbee daily review., 1921-06-07
Food Situation At Pueblo Good;
 Relief Trains Wiu Arriue This
 Morning With Tents, Prouisions
Three Baggage Cars Loaded With Camp Equipment To Leave Fort Logan This Morning; Work Train Bringing Nurses
 Red Cross Supplies Reaches City Last Evening

PUEBLO, Colo, June GA relief train from Ft. Logan with supplies for the flood suffereres is expected to ar rive here Tuesday morning. Another relief train will leave Ft. Logan to- morrow.
 A carload of provisions, the gift of the people of Utah to'the Pueblo flood sufferers, was sent from Salt Lake City today, Co:onel Hamrock said. Three baggage cars loaded with tents, blankets and cots will be started to Pueblo from Ft. Logan tomorrow morning. The food situation is good, Colonel Hamrock said.
 The relief camp for flood victims will be established about two miles east of town, instead of at Mineral Palace Park. as previously announc- ed. Colonel Hamrock said.
 Late estimates of the total damage and crop loss from Canon City to the Kansas line is placed at $20,000,000 in telegram from the Pueblo Commer- cial Club to Governor Shoup. Dam. age in Pueblo city and county will reach S6,OOO, 900 or $S,O0O, 900, the tele. gram states.
 The governor is urged to join in the request that the federal government appropriate $5.0O0,O0O, of which $2,
Bisbee daily review., 1921-06-07
HARDING ISSUES
 APPEAL FOR AID
President Urges All To Help Suffererers At PuebloT hru
 American Red Cross

WASHINGTON, June ..-President Harding issued an appeal today to the people of the United States to aid Colorado flood sufferers.
 The presidents appeal follows:
 Overwhelming disaster has come to the people of Pueblo. and surround ing districts. Realization of their sui ferings prompts me to issue an urgent request to all whose sympathies are awakened to assist the labors of the American Red Cross which has organ ized quickly to deal with the great need and will stand by until homes and home life can be re-established. Contributions may be sent at once through the office of any chapter, or directly to Red Cross headquarters at Washington, for use in the stricken territory.
 Warren G. Harding"
Bisbee daily review., 1921-06-07
ARMY SIZE IS AGAIN SUBJECT
 HOT DEBATE AS
 GUT PROPOSED
Borah, Hitchcock and King to Lead Sharp Fight Against
 Personnel Of l70,000
PASS BLAME TO BAKER
Maintenance Of U. s. Troops In Germany Also Topic
 Of Controversy

WASHINGTON, June 6.-Inaugura tion of senate consideration of the s355.00O,OOO army appropriation bill today brought from senators advocat. ing economy a hot attack on the com mittee recommendations for a mini. mum army of 170,000 men.
 Economy advocates, led by Senator Borah, Republican of Idaho, and in cluding Senators Hitchcock, Nebras- ka, and King, Utah, Democrats, criti- cised the personnel provision and in- dicated their intention to wage a bit ter fight to reduce it. Senator Borah announced he would move to limit the army of 150,0O0 men, because I am convinced that 1t is the lowest attain able under the circumstances"
 Senator King, however declared he would seek to obtain q reduction to 100000.
 The amendment for minimum ar my of 17O.000 as compared with the house provision for ah average army of 150.O0O men was also strongly sup ported during debate.
 Chairman Wadsworth declared that inability to decrease army expendi- lures was due largely to the unwill- ingness of Newton D. Baker, while secretary of war, to reduce the size of the army. He presented figures of recent date to show that the expense of keeping American troops on the Rhine had amounted to $27S,000, 900 of which sum the German government had under the armistice paid S37,000,- GOO. Additional items are expected soon, he said. he had been informed, but Senator Borah interrupted to say that the fact that Germany had to pay the bill vas no justification for keeping American troops in Germany.
 Another question that arose was the reduction of the army outside the con- tinental United States, Chairman Wadswerth stating that only against his best Judgment would he consent to reduction of the garrison in the Pa cific
Bisbee daily review., 1921-06-07
Flood Summary

DENVER, Colo, June G. Reports received at the Denver office of the Associated Press tonight indicated that flood conditions in northern Col orado were as follows:
 lyons-The Vrain road is washed out in places. Two bridges are out between Boulder and Lyons.
 Sterling-The Platte river has ris- en about two feet but appears to be at it's crest. Reports have come from Brush and It. Morgan above here that another flood was coming but the reports have been greatly dis counted.
 Longmount-Water is around the railroad station and the elevator. No lives have been lost or seriously men aced.
 EnqIewood-(A suburb of Denver) The rising waters of the Platte river have done some property damage. Two or three bridges are threatened but late reports said they were hold ing.
 p4nver-Several blocks in the west side residential district still flooded and many families have moved out No loss of life. Unless more rains come it Is believed the Platte here will recede by morning. La hunta and lamar-There is no loss of life here.
 Ft. Lyon-Everybo at the naval hospital Is safe. according to a tele- gram received by the Associated Press tonight from Commandant Weiber
Bisbee daily review., 1921-06-07
SUPREME COURT
 TERM |S CLOSED

WASHINGTON, June G. The su- preme court brought its regular term to a close today, adjourning until Oc- tober 3.
 Dismissal of the governments ap- peal, on motion of Solicitor-General Frierson. from lower court decrees holding that the American Can com pany did not constitute a monopoly under the Sherman antitrust law and a decision against the government in the estate tax case made up the final days session.
 The solicitor-general. after filing a motion to dismiss the appeal in the American Can case later explained that the action had been taken be- cause of the evident meaning of the courts decision in a similar case against the United States Steel Cor poration when it held an "unreason- able" restraint must be proven be- fore the law could be invoked.
 Executors Of the estate of the late A H. Woodward of Alabama were up held in their contention that the es- tate tax assessed under the act of 1916 was an allowable deduction" in computing the net income of the es- tate for the income tax decree of the court of claims holding that the internal revenue authorities had erred in refusing to allow such de- duction, was affirmed.
Bisbee daily review., 1921-06-07
HUGHES KEEPS l. IN TOUCH WITH
 MEET|NGSHELD IN MEXICO CITY
Summerlin and Oregon Con- tinue Discussion As To
 Latest Memorandum
GALES CALLED HOME
American Representative + Keeping Washington ln-
 formed Of Progress

MEXICO CITY, June 6.-The Amer ican state department is in possession of the first of several communications from President Obregon relative to the memorandum handed the presi- dent 10 days ago by George T. Sum- merlin, American charge, relative to recognition of Mexico, according to information obtained today.
 The communication neither rejects nor accepts the idea of written assur- ances Tor the protection of American property and lives in Mexico.
 It was said that the communication probably might be regarded as fur ther exchange of impressions on in- ternational matters"
 Summerlin today, in again denying reports of his imminent return to Washington. said he had no instruc- tions to return. He also asserted that aside from one conference, held on the day of his arrival, he has not talked with President Obregon except to ex- change social amenities at two recep- tions. However he did not deny that written communications had passed between him and the president.
 Secretary of the Interior Gales is said to be hurrying to the capital from Sonora to take part in a council of ministers which President Obregon is understood to have called.
Bisbee daily review., 1921-06-07
Eastbound Rates On Carload Lots
 Fruits, Vegetables Slashed By 5. P.

SAN FRANCISCO, June 6.-G. w. Luce, freight traffic manager of the Southern Pacific company. announc- ed he had received telegraphic re. ports from the east of approximately 10 per cent decrease in eastbound rates on carload lots of fresh and green vegetables, melons cantaloupes and apples from California. Oregon. Arizona, Washington and Idaho.
 The new rate on apples is to be. come effective September l, 1921. and the other rates as soon as possible. Rates on vegetables, including mel ons and cantaloupes to Atlantic sea board points and including points in the southeast south of the Ohio and Mississippi river will be $1.75 hun.
Bisbee daily review., 1921-06-07
Juarez Levees Are As Rio Grande Rises Being Strengthened

FL PASO, Tex, June 6.-High wa ter in the Rio Grande flooded the low CT floor of the United States immigra- tion station at the international bridge here tonight. On the Mexican side of the river . large force of men were at work strengthening levees protecting Juarez.
 The waters have reached a number of small houses in the lowlands on the Mexican side. Reports from up the river tell of heavy rains and pros- poets of a further rise which will en- danger large section of Juarez. On the American side the immigration station is the only building in serious danger.
Bisbee daily review., 1921-06-07
MRS. STILLMAN WILL
 NAME SECOND WOMAN

NEW YORK, June G. A woman known as Clara" will be named by Mrs. Anne U Stillman as an addition al correspondent in the divorce suit brought by her husband, James A. St'llman. if she is permitted to amend her answer, J. F. Brennan, her coun- sel. announced tonight Mrs. Flor ence A. Leeds, former chorus girl, was named in the original reply to Mrs. Stillman's charges.
Bisbee daily review., 1921-06-07
DEMOCRATS WIN
 RACE IN CH|CAGO

CHICAGO, June 6.-Mayor William Hale Thompson suffered his first de- feat at the polls since his election in 19911 today when the coalition judicial ticket, headed by the Democratic can didates, carried Chicago by pluralities estimated at from 10000 to 30,O00.
 At s o'clock tonight the city admin istration issued a statement admitting defeat of all of the candidates with the exception of one.
 One man was shot and killed in an election argument.
Bisbee daily review., 1921-06-07
2 AMERICANS DIE OF
 WOUNDS AT COBLENTZ

COBLENZ, June 6.-Two American soldiers have died as result of wounds inflicted by a highwayman Wednesday.
 Private Shiffhauer, Company c. 5th Infantry, was shot dead and Private pany, succumbed to his wound Thurs day. Army detectives are investigat- ing the shooting.
Bisbee daily review., 1921-06-07
WORK OF RECONSTRUCTION ALREADY UNDER WAY IN PUEBLO
Prosecution Booze Cases By State
 Is Opposed

PRESCOTT, Ariz., June 6. - Federal Judge William H. Saw telle. sitting in the United States istrict court for Arizona here. to- day dismissed II cases, in which violation of federal prohibition laws was charged. and indicated that he woulG take similar action in other liquor cases in which pro- secution was begun by state of ficers or in state courts.
 Many such cases. according to attaches of the United States mar shal's office. are initiated on search warrants obtained in state courts and such warrants prove faulty when the cases come up for trial in tlie federal court.