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Th 8 non-sdvertislng merchant
Ban no more compete with one
who advertises than the old
franklin hand press can Com
pete with the modern web-por
facttog cylinder press.
VOLUME XIII., No. 232
Government Asks a Rehearing
Against Standard Oil Company
Contends That Landis was
?Tistisj.ed in Assessing
That Twenty-Nine Mil
lions Fine and That
Grosscup Erred When he
Reversed Trial Coxirt.
CHICAGO, —The gvernment's peti
tion f»r 3 rehearing by tii» United
States ;cort of appeals of the case
igalust the Standard Oil company of
Indiana v-nr, fled today and repre
sents, se It iis authoritatively stated,
tb.; Adroin'etration'a attempi to t,are
the Elkina net and tho ‘.nierstate
conimaree law from bse-unlng futile.
The tiling of the petition mkrked the
appearance of Attorney General Bon
aparte in the ease, »n well as that
of I-ioa. Frank B. Kellogg, special
assistant to the attorney general.
AJutongh It is not specifically stated
in tho petition it was agreed by the
counsel for tb? government, in their
conference at Lenox, Mass., following
the reversal by the appellate court of
Judge Landis’ decision that if an in
terpretation of the law given By
Judges Grosscup, Seaman and Baker
wore allowed tb stand successful pros,-
ecutlon of rate rases against corpor
ations would be impossible in future.
The lawyers at that conference,
over which the attorney general pre
ssed. were a unit in expressing thejr
opinion that reforms in rebate mat
ters brought about by President
Roosevelt's administration would rep
resent too much waste of time un
less the upper court can be convinced
that tt Is in error In its construction
of the lawr.
There follows a synopsis of the pe
tition, giving the chief points In tho
government's contention.
The government presents Its petition
io accordance with the rule of the
court.
The indictment in the case was
for a violation of the Utkins act of
February 19tfc, 1903, making If a
er mo to aedept a concession whei*-
b; tu.v property is transported In
Interstate commerce at less than the
published and filed rate.
‘ it was proved at the trial that the
( oioago ana Alton Railway company
transported to Bast St. Louts, Ills.,
and 8(. Louis, Mo., 1,492 carloads of
Hi.
to all the dealings between shipper
r-ed. ■rarrier each carload was treated
as a distinct transaction and handled
as a distinct piece of business.
The published and filed rates on this
business wpre eighteen cents per one
hundred pounds to East St. l>ouis and
nineteen anu a half cents to St; Louis.
The Standard Oil company actually
settled on the basis of six ci*'.T9 to
East lamis and seven and a half
cents to St. Louis.
These facts were admitted.
The Mandat'd Oil company inter
posed the claim in reverse that the
Elkins act was unconstitutional; tha'
the tariffs had not been posted in
two public places at the stations.
JUST ONE POINT
OF DIFFERENCE.
On but a single pdint Involved in
the trial up to the return of the ver
dict of guilty are the rulings of the
trial judge criticized by the court of
appeals.
The point on which the trial judge
is reversed by the court of appeals
relates :o his rulings on evidence and
hi: charge to the jury with reference
to ignorar.ee on the part of the Stan
dard Oil company of the lawful rate
as a defense.
The court of appeals in its opinion
has not correctly stated how the
judge ruled on this subject.
It is said in the opinion that he re
fused to admit evidence to the off:
that the S. 0. Co. did not know what
the lawful rate was.
The felt is, and Jhe shows,
that ail evidence lending to sjiow !g
norance on the part of the Standard
Oil company was admitted for tlio
consideration of the jury.
This evidence was largely that of
the traffic manager of the Standard
Oil, tlogardus, who swore to a con
versation with Hollands the rate clerk
nl the Alton in which he said Hol
lands told him iliut the rate had been
tiled.
The trial Judge ruled thpt Ignor
ance on the part of a hippu oi wllat
the lawful rate was could be inter
posed as a defense, Iml. tha* It would
no. constitute a defense if it appear
ed that the ignorance was the result
of ngiect on the part of shipper or of
wilful failute on the part of the
shipper to resort to the sources of
i ’formation which were available.
SAYS LANDIS
WAS CORRECT.
The goveriinmilt contends that this
is tile correct construction of the
statute on this subject.
TV court of appeals lays down the
rule that It Is necessary for the
government to show beyond a reason
able doubt, as a part of its ease that
the shipper acutally knew what the
lawful publish*d and filed rate war.
Tile gevernment contends thnt this
j. ,r, lirufr'Slt rule; thn- P 1 op
trarj tcNhe purpose of the Elkins
sot; tha*. It is contrary to the gen
»'i rule applicable to criminal eases;
that pu* into effect It would make of
the inter-etate commerce act "a mere
will o’ the wisp of legislation, a phan
tom statute destitute of strength or
substance"
, *« »tx.j
TH E AUGUSTA HERALD
Man Smokes Cigarette While
His Leg is Being Amputated
SJDQKMONT, S. D.—. Surgeons yes
terday amputated the las of W. G.
Blair, of Omaha, near the hip, while
Blair snicked a cigarette and ‘'josh
ed" thotn about their bloody work.
His leg was injured in a railroad
GASTLY DEEDS
IF FIENDISH
RUSSIANS
ST. PETERSBURG—News reached
here of terrible vengeance taken by
revolutionists of Urativka, upon Jew
ish family named Edelstein who were
accused of giving informatiofi to the
regarding the activities of
the agitators. They wont to Kdel
stein's house at night, threw two
bombs through the window and open
ed on the members ot the family with
revolvers and shot to death the fath
er, a daughter, a woman gitesi and
her child. The mother, a son, a son
in-law and two grandsons were se
verely wounded. Subsequently the
revolutionists descended upon the
hospital where the wounded had been
taken, and shot the mother and son to
death.
EX-WIFE OF BOGUS
LORD INIGINIA
Came From Mexico Prac
tically on Foot. Endur
ing Great Hardship.
NORFOLK, Va. — Mrs. Louise
Hobbs, the divorced wife of the bogus
Lord Reginald Douglas, the most ac
complished bigamist in the United
States, who made her way to Vir
ginia from Mexico practically on foot
after her desertion, a baby being born
to her in Texas while en route, was
last night led to the altar by Hubert
nalloway, of Raleign. N. C. Upon
obtaining her divorce Mrs. Douglas
resumed her maiden name of Hobbs.
It is said the suit for divorce was
instituted in order to enable her to
marry Halloway. She has resided
quietly with her parents at Lambert’s
Point since her return to Virginia.
CLAIMS BURGLAR
IU DUKE
Wants His Pardon so That
He Can Visit His Invalid
Mother in Europe.
SPRINGFIELD, Mo —Declaring that
Alphonse Gregorius, convicted in 1938
of burglary, and sentenced .o seven
years Imprisonment in the Missouri
state penitentiary, is a duke of the old
Bourbon house Of France, Father
Gretchcn, a Parisian priest, in a let
ler to Val Mason, a local attorney,
naks that efforts be made to obtain
the convict’s pardon In order that h>
may return so France In time to see
his invalid mother before sho dies.
References are given by Fathr Gro
tchen to prove Gregorius' connection
with the royal family.
BROTHERS VISIT
KILLS WOMAN
A Sister of Gen. Miles over
Excited by His Visit.
BOSTON. Mass.—The excitement
attending the visit of her brothers.
General Nelson A. Miles and Daniel
C Miles, who had called to cheer her
tip In her Illness, resulted in the death
lost night of Mrs. Mary .1. Merrlan,
of Lewlster, Mass., a few minutes
after the departure of the general and
his brother.
Mrs. Merrlan was over 70 years of
age. At her gequest her relatives
were sent for and General Miles
reach** the patient yesterday, accorn
panted by his brother, a bank exarul
tier of Massachusetts.
Forecast for Augusta and Vicinity— Showers tonight and Saturday.
AUGUSTA, GEORGIA. FRIDAY AFTERNOON, AUGUST 21, 1908.
accident near here. Surgeons prepar
ed io administer an anaesthetic, but
Blair would not permit them to do
it. He insisted that if they would
give him a cigarette he could go
through tho operation withoutbeing
put to sleep, and he did.
TAFT ESSATS Tl
GET VDTES DF
SOUTH
HOT SPRINGS, Va.—ln a speech
described by his friends as one ot the
best he ever made, William Howard
Taft, republican nominee for the
presidency today addressed a mass
meeting of Virginia republicans, 3,-
000 strong, asking them and the
south to adopt the principles and ten
ets the dominant party of his coun
try. . i
When the candidate told his rea
sons lor believing the independent
democrats of the south would see tt
as i heir duty to vote the republican
ticket, banners and umbrellas were
thrown high in the air, and in the
grandstand, which bounded the fourth
side of the Amphitheatre, women in
their bright-hued gowns stood up and
waived their handkerchiefs and fans.
Mr. Taft, accompanied by Col. 3.
Brown Allen, and Representative Baft
com Sfemp, stood on a platform in
front of thfe grandstand and near the
center ot the open field. Behind
them were Senator Nathan B. Scott,
of West Virginia, and Arthur I. Vorys,
Taft’s persona! adviser.
Mr. Slemp first Introduced Col. Ai
lon and tlwn the colonel brought from
the crowd itH first great burst of
cheering when he said:
"And now, ladies and gentlemen, It
only remains for me to present to
you our candidate; and I need say lit
tle more. He is a great man. He
stands for a great cause, and has
been chosen by a great party to make
a great light.
NAME LINKED
WITH THAT OF LEE.
"I pay to him, In brief, here and
now on tho very threshold of the cam
paign, the eloquent tribute that one
of our southern statesmen once paid
to Robert E. Lee. He said of him
that he was 'a foe without hate, a
liiend without treachery, a soldier
without cruelty, a victor without op
pression, a victim without vice, a pri
vate citizen without, wrong, a neigh
bor without reproach, a Christian
without hypocrisy, a man without
guile.’
"Such a man 1 present to you, the
next president, William Howard
Taft.”
Then followed Mr. Taft in a speech
which held his hearers in breathless
interest He described to them what
the republican party has done to con
trol the actions of the great corpora
tions ot the country; predicted what
i It will due In pursuance of this policy
in the future, and concluded with Ms
forceful argument as io why the south
should swing Into Hue for republican*
i ism.
At the close of the speech he was
I given » tremendous ovation Tho
I brass bands from Staunton and
I Richmond, which had led crowds
! from those towns to the field, struck
! up, everybody surged toward the
! speaker's si and. arid the cheering was
I deafening.
UNIQUE SERVICE* AT
ST. MARK’S CHURCH
ATLANTA, Ga.-—Unique services
are to be held at St. Marks Metho
dist church Sunday morning at 11
o'clock. These services will be for
[ the benefit of the deaf mutes of the
city and will be conducted through
out In the sign language. f’rofes
[ sor 8. M Freeman, of the Georgia
[ School for the IJeaf at Cave Springs,
will preach, and the songs, prayers
and sermon will be in the sign lan
j guage.
Professor Freeman will attend the
deaf mute Bible class at Sr.. Mark's
| Sunday morning at 8.80 o'clock and
will afislst the regular teacher with
the lesson, the subject of which will
|be "David and Jonathan.” All deaf
mutes in the city are Invited to Iw
; present at these service*.
Saturday evening at 8 o’clock, at
j St. Mark's, Professor Freeman will
deliver s lecture on lien Hur. During
' April he lectured at the Young Men's
| Christian association on the same *ub
! Ject. It* will now complete tjio book
and show the final and happy restora
tion of family and fortune to Ben llur
and the finding of Christ by aIL
CENTRAL POINTS IN SPRINGFIELD RIOTS
""" ■ """" '''■" i .""“"‘ u ""'"" lll ""“" 1 "* 1 >
(Mt- .x.
The upper picture show s theSpringfleld, Illinois,
Court House, around whi ch the recent riots toook
place. Figure No. One sh ows where Chafln, the Pro
hibition nominee for President was standing when
he was hit with a brick, while defending » ii<f\r<>
from the mob. Figure No. Two shows the- location
of Lopcr’s restaurant, wh ere the first victim was
killed Abraham Lincoln’s home which is shown in
the lower picture is on the outskirts of the negro
quarters and was for a time menaced by the flames
started by the rioters. The portrait is of E. W.
Chafin.
While Mothers Were at Opera House
Six Children Cremated in Home
COLFAX, Wash.—While H. W. 8 chultz and W. W. Fox were away
harvesting yesterday their wives w ent to a theatrical performance. Fire,
originating In a manner unknown, d estroyed their house, four of tho
Schultz children and two of the Fox children. The two elder Schultz
children attempted to rescue tin* o thi-r children, but lost the way to tho
door, and after being possibly fat ally burned were forced to iU7f\ 7 the
babies to make their own escape.
Seer Said Lover Was Untrue
And Pretty Girl Died From Shock
SANSEIIASTIAN.—A most tragic fate befell a very pretty girl, who
went yesterday to consult a well known woman fortune teller on Ihe
future of her tlunce. The response must have been unsatisfactory, for
the girl fainted and died within a few hours. The woman, who is a
professional fortune teller by means of cards, has been arrested.
MAN SHOOTS HIMSELF
WITH FAMILY AT DOOR
Was Junt Released from
Insane Asylum in June.
CHICAGO -Despite the pleas of his
wife and two children, who tried to
break Into the room, Joseph Hank, 41!
years old, committed suicide by shoot
ing himself in the head In his home
on West Sixtieth street.
Bank was released from the In
sane asylum In June. When he lock
ed himself In his room his wife and
children attempted to force the door
open and wi re trying to reach him
whan he fired the fatal shot.
LIGHTNING AT WOODLAWN.
WOODI.AWN, H. C,~ During one of
the recent rain and electric storms,
a negro's stable was struck by llght>
nlng and set on fire. Two mules
were In the stables at the time and
wera ao bauly burned they died
Mr. W. J. Jennings of Hanford, Fla.,
spent the day here yesterday.
Mr*. 'I J. McKle, Miss Mary Me.
Kle and Master James Mason leave
today for Greenville, S. C., where
they will remain for some time with
Mrs. L. C. Stephens
Cotton Is opening rapidly, and sev
eral bales will be shipped at an earty
data.
TWO SMALL FIRES IN
AUGUSTA THURSDAY
Anguilla Mattress Factory
and Roney's Store Were
the Scenes of Conflagra
tion.
There were two fires Thursday.
; About i.to o'clock an alarm came in
' from Box 48, The Japan drying
room at the Augusta Mattress factory
was on fire.
, The firemen made a quick run and
by efficient work kept the lire from
spreaoing to the other departments,
j The damage was about 8200.
At 10.80 o'clock Box <l2, on the
'corner of Campbell and Hopkins
streets was pulled. Th*- fire was In
1 Crls Roney’s store, caused by a d<-.
fect.lve electric wlr< The damage
was about $5.00. At mldnlgnt an
alarm came In front the same box,
I ami It was found that the wire had
! caused a fire In another part of ihe
i store. The total damage was about
U
Brldo* Expert Killed.
BRIBTOL, Va Mike Hcobta, of
Cleveland, a bridge expert, fell a dis
tance of 180 feet from a bridge which
I he was engaged In examining yester
I day and waa instantly killed. Hl*
DAILY AND SUNDAY, $6.00 PER YEAR
DEATH FOLLOWS
BLAZE 111
BAKERY
BgAIRSVILLE, I’u As (he result
ot a (Ire at the Link Imkery, South
Blnlrsvllle, ai 3.3 n o’clock this morn
lug. one fatality occurred, one person
was injured, and several of the occu
pants narrowly escaped being burned
.o death.
The dead: ANNA PIERRE, aged 5
years, body found in debris after lire.
The Injured: Joseph Pierre, father
of tho child; perhaps fatally burned
wtill,. making altciiiplH to rescue t
child, is unconscious at llie home of
a neighbor.
The first, floor of the building Is
used as a bakery, while the other
floors are occupied as dwellings.
Shortly after gas had been lit In
the ovens the woodwork caught (ire.
Before those In thb bakery realized
what had happened the whole of the
first door was In dames. The girl,
wtille In bed, was suffocated by the
dames anil her father, In attempting
to rescue her, received his Injuries.
THROUGH WALLS
CONVICT BORES
TO FREEDOM
MILLEDfiXiECILLE, Ga Andrew
Ford, a 2b year convict from Chatham
county unde a daring escape trout the
state farm this morning. lie tun
nelled through ill- walls, broke open
the Hiipeintcndcnt's office where he
helped himself to the arms and am
munition and changed his prison gar
meets for citizen* clothing and going
to ihe stable harness’ d the fastest
horse there, lie was seen about day
break driving rapidly in tin- direr
lion of Macon The alarm lish been
lent out in all police official*.
LONE NAVIGATOR OF
DERELICT SAVED
MILWAUKEE, Wis. After spend
lug twenty-four hours alone on the
tiny schooner Juanita, with the body
nl his captain rolling on the d«-ck
at hla feet, David Beebe, the lone
navigator of the derelict, wa» brought
Into port yesterday Ity the Gilchrist
si/sirncr Helena The rescued man
waa sick with exposure and all but
dumb for bourn after his rescue
body was mashed Into a pulp Prac
tically every bone was broken, and
tiia Hi sh waa little tuuiu than a Jelly.
. ko maa*. ;
Advertising Is the motive
power of business. Btop adver
tising and your business will be
as dead as an engine without
steam.
ANOTHER SCANDAL
CONNECTED WITH
HAINSJASE
NRW YORK. Marie Louis Sulei
man, the French maid, who has
charge of the two children of T. Jen
kins Ha ins at his homo. Bay ridge,
declared today that the younger child,
eight months old, is her own. Tho
wife of T. Jenkins Mains died 1u
Washington in 190<», and (he baby
he recognizes as Ids daughter was
horn in Brooklyn Hospital in Decem
ber, 1007. Marie Sujdrnan says that
T. Jenkins Mains had promised to
marry her. She expects him to keep
ids promise as soon as he is released
from prison after ids trial on a charge
of being an accessory to the killing
of Aunis by Ids brother.
The maid and the two children, Mol
lie, aged 3, and Louise, are in ai
lonesome h(ate in the Bayridgo real
donee ICver since the tragedy at. tho
Buyable Yacht, Club Marie Sauldmnn
lms boon in a state of terror at nigj.d.
She was unable to sloop until Mrs.
M. F. Mason, a m Ighbnr, sent her
17-year-old son. Warren, t«» remain in
the house from 10 o’clock ill the
evening until daylight. It has been
more or less of an open secret in the
neighborhood since T. Jenkins Mains
moved to the 2(»th street premises
last Mav. that Marie was tho mother
of the baby. Me lmd not given tho
little one a name when lie flrHt. ar
rived in the neighborhood The resem
blance of the child to the maid gave
rise to the rumor that she was the
mother, although T. Jenkins Mains
had given inquirers to believe htn
wife died last January, shortly after
the birth of the lltlie one. ,
STORY TOLD
BY FRENCH MAID.
Here Ih Iter story:
■ "I came Io tho United States from
the south of Fiance tlnee yoant ago
as maid to Mrs. Peter (!. Ilnlns. Mrs.
Jenkins llalns was living with them
T. Jenkins llalns Tuny, as I call*
him was seldom at home. When Mrs
Halns died | was given charge of
little Motile, whom I loved as I might
my own child About a year ago Tony
and 1, with little Motile, moved to
a house at Cropsi y anil Twenty-third
avenue. BensoDliurst.
"Before that, time ’fony had asked
me to marry him, lait lie never got.
to having a ceremony performed.
When my baby wiih shout to bo born
Tony took me to a hospital in Brook
lyn. I do not know where It Is, and
I do not know the name of the doc
tor wlio attended me.
"Tony came to see me nearly every
dav while I was In the hospital. The
baby was born en December 18, or De
cember 21. Inst year. I don’t remem
ber tin* exact date, but Tony knows
"When I became well I went back
with my liuliy to llensonhurst. W«
lived there until about last May, when
we moved up here to Bayridge. Tony
was worried about something. I sup
pose iilifnit some stories he had heard
about ids brother's wife.
“Since the baby was born I have
spoken to Tony about marrying inn,
tail something hus always turned up
to prevent It. I know he loves me
as well as 1 love him, and that, he
wJII marry me as soon as hn gets out
of his troubles. I have cried all the
time since he went away.
“Tony and his brother did not In
tend to kill anybody when they left
here last Saturday morning. Tha
last tiling Tony snlil to me was::
Marie, get a good dlnnor, because
Pete and I will lie home early.’ I did
not know anything had happened urn
! til the general came down that night
and told me Tony was arrested.”
T. Jenkins llulns has sent no writ-
I ten message to the woinun who says
she Is tlie mother of Ills baby since
bis arrest. She has been visited twice
by General Halils.
DR. R. 0, MUSTER
DIED INTRYON.i. C.
Prominent Physician and
Resident of Waynesboro
—Funeral Detail* Later.
WAYNESBORO. Surrounded by
tils loved ones, Dr, 11. 11. McMaster,
of this city, died In Tryon, N. C„ this
morning, afler un Illness of some
time. He hail Just returned from
N< w York, where he went for treat
ment, and after a few days at home
he left for the mountains of North
Carolina to recuperate. Ho was one
of th*- most prominent, physician* of
the stale, and his loss will he sort*
ously felt. In this community, lie w.*
about. W.i years of age grid came to
thtH city about 2.i year* ago fr\i»
Vv In unborn, South Carolina.
Dr. McMaster I* promt*
ni-ntly connected In South Carr>
Una with aotne of her most distin
guished citizens lie leaves a wlf*
and three children in Waynesboro,
one brother In Tennllle and other roW
utivns in South Carolina. Hi* r*.
main* will he brought to Wayne*,
boro for interment. He wa» a prom
inent Mason.
Funeral announcement will be oi*4*
latex.